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Porky Park Subdivision No. 1 PPOFFICIALS 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 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: March 51996 TRANSMITTAL DATE: 2/20/96 HEARING DATE: 3/12/96 REQUEST: Preliminary Plat for Porkv Park No. 1 Subdivision BY: Ron Van Auker/Franklin-Eagle Joint Venture LOCATION OF PROPERTY OR PROJECT: North of Franklin Road} East of Eagle Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z _BOB CORRIE, MAYOR _RONALD TOLSMA, C/C _CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF.RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: • FEB 2 2 1996 CITY OF MERIDIAN COUNCIL MEMBERS HUB OF TREASURE VALLEY A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA C HARLES M. GLENN R. BENTLEYEE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 "FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building 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: March 51996 TRANSMITTAL DATE: 2/20/96 HEARING DATE: 3/12/96 REQUEST: Preliminary Plat for Porkv Park No. 1 Subdivision BY: Ron Van Auker/Franklin-Eagle Joint Venture LOCATION OF PROPERTY OR PROJECT: North of Franklin Road} East of Eagle Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z _BOB CORRIE, MAYOR _RONALD TOLSMA, C/C _CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF.RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: • FEB 2 2 1996 CITY OF MERIDIAN • Groundwater Elevation r Tom Schmalz of DEQ has been monitoring the groundwater level in the area of the subject property and indicated that the highest groundwater level has been 7 feet 9 inches which was observed in September of 1995. Any questions regarding this determination can be directed to Tom Schmalz at 327- 8528. Roylance & Associates P.A. Engineers • Surveyors • landplanners 4619 Emerald, Suite D-2, Boise, Idaho 83706 Telephone (208) 336-7390 Fax (208) 336-7391 February 20, 1996 Project No. 1677 Legal Description for Ronald Van Auker and Franklin -Eagle Joint Venture Porky Park No. 1 Preliminary Plat 63.81 Acre Tract A tract of land situated in the Southwest 1/4 of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Cornmencing at the Southwest Corner of said Section 9, thence along the westerly line of said Section 9 North 00°-00'-00" East a distance of 1098.53 feet to a point on the southerly right-of-way of the Union Pacific Railroad, thence leaving said westerly line and along said southerly right-of-way South 89°-56'-30" East a distance of 70.00 feet to a point on the easterly right-of-way of Eagle Road, said point being the POINT OF BEGINNING. Thence continuing along said southerly right-of-way South 89°-56'-30" East a distance of 2623.68 feet to a point on the easterly line of said Southwest 1/4 of Section 9; Thence leaving said southerly right-of-way and along said easterly line South 00°-39'-59" East a distance of 1057.89 feet to a point on the southerly line of said Section 9; Thence leaving said easterly line and along said southerly line said southerly line also being the centerline of Franklin Road South 89°-11'46" West a distance of 1628.25 feet to a point; Thence leaving said southerly line North 06°-54'-57" West a distance of 40.23 feet to a point on the northerly right-of-way of said Franklin Road; Thence along said northerly right-of-way South 89°-I F-46" West a distance of 1003.16 feet to a point on the easterly right-of-way of said Eagle Road; Thence leaving said northerly right-of-way and along said easterly right-of-way the following courses: North 000-00'-00" East a distance of 150.95 feet to a point; Thence North 30°-57'-51" East a distance of 5 8.3 1 feet to a point; Thence North 00°-00'-00" East a distance of 424.79 feet to a point; Thence North 30°-57-49" West a distance of 58.31 feet to a point; Thence North 00°-00'-00" East a distance of 381.74 feet to the POINT OF BEGINNING. zAwordtext\ 1677\1ega1.602 • . 0 Legal Description for Ronald Van Auker and Franklin -Eagle Joint Venture Porky Park No. 1 Preliminary Plat 63.81 Acre Tract February 20, 1996 Page Two The above described tract of land contains 63.81 acres, more or less, subject to all existing easements and rights-of-way. This legal was prepared from data of record and not an actual field survey. Prepared By: ROYLANCE AND ASSOCIATES P.A. 4619 EMERALD SUITE D-2 BOISE IDAHO 83706 208 336-7390 FAX 208 336-7391 zAwordtext\ 1677\1 ega1.602 bEC 14 ' 94 11:08 FP, CITY ME� IAN 208 887 4813 TO X.—. 394& REQUEST FOR SUBDIVISION APPROVAL P, ELI-MINAkY PLAT AND/09 FINAL _PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUQMISSION! P. 01114 &V r) F -:D Z1 ZO1gly A request Sar preliminary plat approval must be in the City Clerks powmession no later than three days :following the regular meeting ox the Planning and Zoning Commiasion. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the procese it may be acted upon at subzrqutnt monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday Solloving the Planning and Zoning Commission action. GENERAL INFORMATION I/ I. Maine of Annexation and Sub / divialon. /Ok.�1 r�i�� 4• / Ywaz I✓/5/OW Z. General Location,Xr 3. Owner.. of record. Addreas,�¢ � L�/VA,eK 2ipB�'i�2TQlephone�8'7-' 799 /D v �. Applicant01&lZ9Al Addrees,4/9 E/J/Eei�LD J� z /sE/1� D54 �D /�GI,LAA/l� �1iq�E 4' 4 -<!�rIW 015 5. Engineer, Firm Address 4��v ,�/l1EzALD P-2 Zip g�O(O Telephone 336 C/Sf" /Pmof/ /� 6. Name and address to receive City billing, t NameFpA�L% D %A,UW44F4 Addreas30j� ,C, L/9A%A41� Telephonif '- 1VZ-X1Z>14cJ ID. p6;7Z PRELIMINASX EleAT CHECKLIST: 5ubdiGision Features 1. A4ies �O�J. g� 2. Number of lots I9 3. Lots per acre .30 4. Den_+.ity par acre .30 .-DEC 14 '94 11:08 FR 1-11 ( uf- r ilk l L 1 HN mud 881? 481.3 ! u .3�e'11391 P.02114 G. It the proposed subdivision is outside the Meridian City Limits but within the jurisdictional ryj►�, what is the existing zoning classification Q/ 7. Does the plat border a potential green belt a. Have recreational easements been provided for D 9. Are there proposed recreational amenities to the City. Explain 10. Are there proposed dedications of common areas?X/O Explain For future parks? Explain 11. What school(m) service the area you propose any agreements for future school sites Explain 1� /E $ 12. Other proposed amenities to the City water Supply Fire Depart7,0 t , Other _ Explain 13. Type of Buildin combination) (Residentiaj., Commercial, Industrial or 14. Type of Dwalling/(a) Single Family, Duplexes, Multiplexes. other & Z& .�..�... 15. Proposed Development features: a. Minimum square footage of lot(s), -9t461_6- b. Minimum square rootage of structure(s) C. Are garages provides for. Nquar footage d. Ar• other coverings provided for 4/1' e. Landscaping has been provided for A/n• Describe &�MfaPA,41-_ 141:5 E� Zcr (2) f. Trees vill be provided for �5 , Trees will be maintained � `'/�'! g. Sprinkler aystoms are provided for �� mGcl�tJ,EFZS h. Are there multiple units N Type remarks I. Are there special not back requirements Explain J. Ham off street parking been provided for Explain ,4s 62-: L 7-- Drl/9-�o F,55 k. Value range of property _/(//,# 1. Type of financing for development _ Mo Protective covenants were submitted .D*te 16. Does the proposal land lock other property Alp Does it create Enclaves STATEMENTS_OF COMPLIANCE: 1. Streets, curbs, guttevm and sidewalks are to be constructed to standards an required by Ada County Highway District and ?Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat Mill include all appropriate easements. 6. Street names must not conflict with City grid system. (3) STATEBIR T OF DRVLLOPMENT FLATURU The developer of this wbdivi ion will provide paved streets with c A and Sutter, wager lines, on site drainage facilities and sanitary sewer. In addition, offsite sewer to this wn is being provided by the developer under a separate project lrwv +w►we. waao ufoffwe�. I ww�rw�wr wwurft. J � w 1 w.o'n'^ w�'fir °wn w•awf..��.wo_...— 1 — i EAGLE ROAD t Q � Vill > f .LOOK , y m Jff " x M ao.wo/f[ fbe wwa.wrfo a!! MY A �Rf WN•WMK � S �_- a —fa 1 , I OAUDIANs AVENUE .� a 1 I 1 � n f 7c y3! wwnr•w» Z � � • � � 7 � � � � 9 � rnwr•u D. 3 Z �0 D C 03-0 mr So o r i tn' n 0 D ZWD » a F c C'i �w. 0 — -Ivo D i<� `roww• f^' KENTFIE D VVA'r A K Y � 3Z Jam NOM8 3B www 6 0 A lQ�b P� v8a � • � V B RR $ [�� i Q IWO Q K o� .a.af•w •wn.,w«. A � $ g" WFU -1 MIS W9 n 0 m Q Dr- x Z Z OZ N 0 C0 C N � Z Q N EAGLE ROAD � r r r r r I� B � A f n 0 m Q Dr- x Z Z OZ N 0 C0 C N � Z Q N EAGLE ROAD � r r r r r r r r r 1-aZ L r rn 0 rn PIONEER TITLE COMPANY OF ADA COUNTY 821 West State Street / Boise, Idaho 83702 (208) 336-6700 888 North Cole Road / Boise, Idaho 83704 (208) 377-2700 P-128703 JB Reviewed and approved by: 0532U3 E BOISE wONEER TITLE GO, ,94 JUN' 7 6Fj*�jEST 5 FEEREC ucJ •, OF SPACE ABOVE FOR RECORDING DATA ?v1��a �a -'u WiT,�0.-7&K zua,1Lltm A A zT, mmuamw UAAz AA7 ak�alitAA7 A,.' lama 1ala'u waA1?;; WARRANTY DEED s (INDIVIDUAL) . FOR VALUE RECEIVED JACK BURKE AND DARLYS A. BURKE, HUSBAND AND WIFE 4- GRANTOR(s) does (do) hereby GRANT, BARGAIN, SELL and CONVEY unto RONALD W. VAN AUKER, a married man, as his sole and seperate property GRANTEE(S), whose current address is: 3084 E. Lanark, Meridian, ID 83642 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: Y^' SEE LEGAL DESCRIPTION EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. C TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantees(s) heirs and assigns t forever. And the said Grantor(s) does (do) hereby covenant to and with the said Grantee(s), the Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Dated: May 16, 1994 JrqA4 BURKE DARLYS A. Ft6RKE�' EXHIBIT "A" P128703 BEGINNING AT A SOUTHWEST CORNER, SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE -MERIDIAN, THENCE NORTHERLY ALONG THE WEST BOUNDARY OF SAID SECTION 9, A DISTANCE OF 1092.5 FEET TO A POINT ON THE SOUTH SIDE OF THE RAILROAD RIGHT OF WAY, THENCE EAST ALONG THE SOUTH SIDE OF THE RAILROAD RIGHT OF WAY A DISTANCE OF 945.3 FEET TO A POINT, THENCE TURNING AN ANGLE OF 93 DEGREES TO THE LEFT OR SOUTHERLY APPROXIMATELY SOUTH 7 DEGREES EAST A DISTANCE OF 1089 FEET, TO A POINT ON THE SOUTH BOUNDARY OF THE SAID SOUTHWEST QUARTER OF SECTION 9, THENCE WESTERLY ALONG THE SOUTH BOUNDARY OF SAID SECTION 9 A DISTANCE OF 1078 FEET TO THE PLACE OF BEGINNING, EXCEPT THE FOLLOWING: A STRIP OF LAND FOR PUBLIC RIGHT OF WAY LOCATED IN THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE -MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EST, BOISE - MERIDIAN; THENCE NORTHERLY ALONG THE WEST BOUNDARY OF SAID SECTION 9, A DISTANCE OF 40 FEET TO A POINT; THENCE EAST PARALLEL TO THE SOUTH BOUNDARY OF SAID SECTION 9, A DISTANCE OF 1078 FEET TO A POINT; THENCE SOUTH A DISTANCE OF 40 FEET TO A POINT ON THE SOUTH BOUNDARY OF THE SAID SOUTHWEST QUARTER OF SECTION 9; THENCE WESTERLY ALONG THE SOUTH BOUNDARY OF SAID SECTION 9, A DISTANCE OF 1078 FEET TO THE PLACE OF BEGINNING. AND ALSO EXCEPT THE FOLLOWING: A PARCEL OF LAND BEING ON THE EASTERLY SIDE OF THE CENTERLINE OF EAGLE ROAD PROJECT NO. F -FR -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 SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE -MERIDIAN, DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE -MERIDIAN; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER A DISTANCE OF 70.0 FEET, MORE OR LESS, TO A POINT IN A LINE PARALLEL WITH AND 70.0 FEET EASTERLY FROM THE CENTERLINE OF SAID EAGLE ROAD -PROJECT NO. F -FR -3271 (44) HIGHWAY SURVEY; THENCE NORTH 1 DEGREE 27'57" EAST ALONG SAID PARALLEL LINE 190.95 FEET TO A POINT OPPOSITE STATION 65+00 OF SAID HIGHWAY SURVEY; THENCE NORTH 32 DEGREES 25'48" EAST A DISTANCE OF 58.31 FEET TO A POINT IN A LINE PARALLEL WITH AND 100.0 FEET EASTERLY FROM THE CENTERLINE AND BEARS SOUTH 88 DEGREES 32'03" EAST FROM STATION 65+50 OF SAID HIGHWAY SURVEY; THENCE NORTH 1 DEGREE 27'57" EAST ALONG SAID LAST PARALLEL UNE 424.79 FEET TO A POINT OPPOSITE STATION 69+74.79 FEET OF SAID HIGHWAY SURVEY; LEGAL CONTINUED s . r P-128703 • • THENCE NORTH 29 DEGREES 29'52" WEST A DISTANCE OF 58.31 FEET TO A POINT IN A LINE PARALLEL WITH AND 70.0 FEET EASTERLY FROM THE CENTERLINE AND BEARS SOUTH 88 DEGREES 32'03" EAST FROM STATION 70+24.79 OF SAID HIGHWAY SURVEY; THENCE NORTH 1 DEGREES 27'57" EAST ALONG SAID LAST PARALLEL LINE 380.48 FEET TO A POINT IN THE SOUTHERLY RIGHT OF WAY BOUNDARY LINE OF THE UNION PACIFIC RAILROAD AND OPPOSITE STATION 74+05.27 OF SAID HIGHWAY SURVEY; THENCE WESTERLY ALONG THE SOUTHERLY BOUNDARY LINE OF SAID RAILROAD RIGHT OF WAY 70.0 FEET, MORE OR LESS, TO A POINT IN THE WEST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, THENCE SOUTHERLY ALONG SAID WEST LINE 1097.0 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING. END OF LEGAL DESCRIPTION • 90409755`t .r4r0RDER WARRANTY DEED t3O}SEIJ FOR VALUE RECEIVED SECURITY t�TITLE , Oren C. Mayes and Carmen J. Mayes, husband and wife '9`I �OU \2 Pn FEEGd_w/1— RECOK,L' ,i c-EQUEST OF THE GRANTOR s, do hereby grant, bargain, sell and convey unto Ronald W. VanAuker, a married man, as his sole and separate property, THE GRANTEE , whose current address is 3084 E. Lanark, Meridian, Idaho 83642 the following described premises, in Ada County, Idaho, to wit: (Continued) SEE ATTACHED EXHIBIT "A" HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee , his heirs and assigns forever; and the said Grantors do hereby covenant to and with the said Grantee , that they is the owners in fee simple of said premises; are free from all encumbrances EXCEPT: current year taxes, conditions, covenants, restrictions, reservations, easements, rights and rights of way, apparent or of record and that t he y will warrant and defend the same from all lawful claims whatsoever. DATED: October 27, 1994 Oren C. Mayes Carmen J. Mayes STATE OF IDAHO, COUNTY OF Ada On this 28th day of October 19 94 , before me, a notary public in and for the said State, personally appeared Oren C. Mayes 0 EXHIBIT "A" 46 WARRANTY DEED Legal Description (Continued) PARCEL I A tract of land situated in the Southwest quarter of Section 9, Township 3 North, Range 1 East, Boise -Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the Southwest corner of said Section 9; thence along the Southerly line of said Southwest quarter of Section 9, said Southerly line also being the centerline of Franklin Road, North 89011146" East (formerly East) a distance of 2706.25 feet to a found brass cap monumenting the Southwest corner of said Southwest quarter, said brass cap being the POINT OF BEGINNING; thence continuing along said Southerly line South 89011146" West a distance of 1628.25 feet (formerly a distance of 1611.98 feet) to a set steel pin; thence leaving said Southerly line North 06054157" West a distance of 1090.37 feet (formerly North 07000, West a distance of 1089 feet) to a set steel pin on the Southerly right of way of the Union Pacific Railroad; thence along said Southerly right of way South 89056120" East a distance of 1747.08 feet (formerly East a distance of 1744.08 feet) to a set steel pin on the Easterly line of said Southwest quarter; thence leaving said Southerly right of way and along said Easterly line South 00039159" East a distance of 1057.89 feet (formerly South a distance of 1072.69 feet) to the POINT OF BEGINNING. EXCEPTING the following described parcel: A tract of land commencing at the Southwest corner of the above described property; thence North 06054157" West a distance of 340 feet; thence North 89011146" East a distance of 881 feet to a point; thence South parallel to the Westerly line a distance of 340 feet to a point on the center line of Franklin Road; thence Westerly along the center line of Franklin Road parallel to the Northerly line of said property a distance of 881 feet to the POINT OF BEGINNING. PARCEL II A tract of land situated in the Southwest quarter of Section 9, Township 3 North, Range 1 East, Boise -Meridian, Ada County, Idaho, described as follows: Commencing at the Southwest corner of said Southwest quarter; thence North 89011146" East along the center line of Franklin Road a distance of 1078.00 feet to the POINT OF BEGINNING; thence North 06054157" West a distance of 340 feet; thence North 89011146" East a distance of 881 feet to a point; thence South parallel to the Westerly line a distance of 340 feet to a point on the center line of Franklin Road; thence Westerly along the center line of Franklin Road parallel to the Northerly line of said property a distance of 881 feet to the POINT OF BEGINNING. 0107", 0561 _. 884_877sS ' DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS FOR BROADWAY PLACE SUBDIVISION. THIS DECLARATION, made this :36 day of September, 1988, by RONALD W. VAN AUK�R, a married man dealing with his sole and separate property (hereafter 'Declarant'); W.ITN ESS ET H: WHEREAS, the above-named parties designated as the Declarant are the owners of all of the land comprising Broadway Place Subdivision, a subdivision in Ada County, Idaho, more particularly described as follows: Lots 1 through and including 4 of Block 1, and Lots 1 and 2 (except the . northerly 294.13. feet of said Lot 2) of Block 2, BROADWAY PLACE SUBDIVISION, according to the official plat thereof, filed in Book 55 of Plats at Pages 5009 and 5010, records of Ada County, Idaho (hereafter "Subject Property'; and WHEREAS, the Declarant has deemed it desirable for the preservation of the value, desirability and attractiveness of the Subject Property to create an industrial subdivision of high quality, design and construction and therefore makes this Declaration of Covenants, Conditions and Restrictions with respect to the Subject Property. NOW, THEREFORE, the Declarant hereby declares that all of the Subject Property shall be held, sold and conveyed subject to the covenants, conditions and restrictions herein contained that are for the purpose of protecting the value and desirability of, and. which shall run with, the Subject Property and be binding on all parties having ny right, title or interest in the Subject Property, or any part thereof, their heirs, personal representatives, successors and assigns, and shall inure to the benefit of each owner thereof. DECLAA RATION OF COV=N/kNTS, CONDITIONS AdNID R_S EIC T IONS - 1 ARTICLE I. DEFINITIONS • C1C'7r::�05C2 Section 1.01. Architectural Control Committee. As used herein, 'Architectural Control Committee' or 'Committee' shall mean the duly appointed and acting persons designated in Article III of this Declaration. Section 1.02. Deciar ant. As used herein, 'Declarant' shall mean and refer to the parties designated above and who sign this Declaration, their successors and assigns. Section 1.03. Lot. As used herein, 'Lot' shall refer to any plot of land, together with the improvements constructed thereon, shown upon a recorded subdivision plat of all or any portion of the Subject Property. Section 1.04. Owner. As used herein, 'Owner' shall mean the party or parties having any estate in any Lot which is part of the Subject Property, in fee -or by contract of sale, excluding any person or entity who holds such interest merely as security for the payment or performance of an obligation, but including any mortgagee, beneficiary under deed of trust or other security holder in actual possession of an Lot, as a result of foreclosure or otherwise, and any person taking title through such security holder, by purchase at foreclosure sale or otherwise. ARTICLE II. USE AND REGULATION OF USES Section 2.01. Use. (a) Each Lot (and the improvements constructed thereon) within the Subject Property shall be used for industrial/commercial purposes only, in accordance with applicable zoning ordinances, on an ownership, rental or lease basis. (b) No Lot shall be used for any purpose which is considered dangerous or unsafe, or which constitutes a nuisance, or is noxious or offensive by reason of emission of dust, odor, gas, smoke, fumes or noise. (c) The exterior walls of all buildings shall be of masonry construction, its equivalent or be er. No all -metal buildings shall be permitted. 0107700563 (d) No loading dock shall be constructed facing on any public street unless such loading dock and every part thereof is at least one hundred feet (100') inside the right-of-way line of the street on which such loading dock fronts. (e) Outdoor storage yards shall be screened from public view from public streets within the Subject Property and shall be placed so as to conform with the setback requirements *set forth in subsection (i), below. (e) Owners of Lots shall not permit their employees or tenants to regularly park during normal business hours on public streets within the Subject Property. It will be the responsibility of each Owner, his successors and assigns, or other persons holding under him, to provide adequate off-street parking for employees and visitors within the property lines of his Lot. All such parking areas and the accesses) thereto shall be covered with asphalt or similar paved surface. (f) The • ratio of building coverage to total area within a Lot shall, in no -case, exceed forty percent (4O%). (g) No building shall be erected, placed or altered on any Lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of exterior design with existing structures, and as to location with respect to topography and finished grade elevation. No fence or wall shall be erected, placed or altered on any Lot nearer to any street then the minimum building setback line. (h) No waste shall be committed on any Lot or to the exterior of any structure on a Lot. (i) , All Lots, whether" occupied or unoccupied, and any improvements placed thereon, shall at all times be maintained in such a manner as to prevent them from becoming unsightly by reason of unattractive growth on such Lot or the accumulation of garbage or debris thereon and to prevent -the occurrence of any health hazard. (j) No building shall be constructed on any Lot nearer than fiftky feet (50') from the right-of-way line of any street within the subdivision abutting the Lot. Minimum sideyard setbacks shall be twenty feet (20') from the side Lot line. In the event that more than one Lot CLQ?,. ION O= COV=NAN S, • _©10 7'71-fl3s4 shall be owned by one Owner and in the improvement of such Lot, or the expansion of existing improvements, a building shall be erected on more 'than one Lot, the side line setback requirement on the interior line or lines shall be waived. (k) All signs proposed to be placed within the Subject Property shall be subject to the approval of the Architectural Control Committee, and no signs shall be permitted except those advertising or relating to the business or industry located upon the Lot. ARTICLE III. ARCHITECTURAL CONTROL COMMIT Section 3.01. (a) The Architectural Control Committee shall be composed of the following persons: Ronald W. Van Auker Jeffrey Hull, A.I.A. Harry Ward In the event of the death or resignation of any member of the Committee, the remaining members shall have the full authority to designate a successor. The members of the Comlmiuee shall not be entitled to any compensation for services performed in connection with their responsibilities. (b) Prior to commencing any work or building requiring approval of the Committee, there shall be delivered to the Committee one complete set of plans and specifications for any and all proposed structures and improvements and no work or construction shall commence until the final plans, elevations and specifications therefor have received written approval by the Committee. Such plans shall also include a plot plan showing the location on the Lot of the building(s), fence, wall or other structure proposed to be constructed, altered, placed or maintained, together with the proposed construction material and color schemes for the roofs and exteriors thereof and a proposed landscape plan. The Committee shall approve or disapprove. plans, specifications or details within thirty (30) days from the receipt thereof, or shall notify the person submitting them that an additional period of time, OF COVENANTS. E 01.077 0.517335 not to exceed fifteen (15) days is required for such approval or disapproval. A majority of the then appointing and acting members of the Committee shall control. Plans, specifications and details not approved or disapproved within the time limits provided herein shall be deemed approved as submitted. The approval of plans, specifications and details by the Committee does not relieve the Owner of the necessity of obtaining the required building permit(s) and other aaprova!s from those governmental entities having jurisdiction and control over the Subject Property. Notwithstanding the approval by the Committee, each Owner submitting such plans, specifications and details shall be solely responsible for the sufficiency thereof. Neither the Declarant nor the members of the Committee shall be liable for any loss or damage or claim thereof arising from any defect or alleged defect in such plans or specifications or the construction or use thereof. (c) The Committee may authorize variances from compliance with the requirements of this Declaration when, in the sole discretion of the Committee, circumstances such as topography, natural obstructions, aesthetics, environmental considerations, or economic or other hardship may so justify. A variance must be evidenced in a writing signed by at least two (2) members of the Committee. If a variance is granted as provided herein, no violation of this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration for any purpose except as to the particular subject matter of the variance thereof and the specific Lot covered thereby. ARTICLE IV. GENERAL PROVISIONS Section 4.01. Enforcement. The Declarant or any Owner shall have. the right to enforce, by any proceedings at law or in equity, all covenants, conditions and restrictions herein contained or hereafter imposed by amendment to this Declaration. If suit is filed to enforce any of the covenants, conditions and restrictions contained in this Declaration, including any amendments hereafter adopted, the parties succeeding in such suit shall be entitled to awarded reasonable attorneys' fees in addition to other costs and disbursements allowed by law. Section 4.02. Severabilitv. Invalidation of any one of the covenants, conditions or restrictions contained in this Declaration by a Judgment or a Court 0107 r _01%6 Order shall not affect any other provisions contained herein, all of which shall remain in full force and effect. Section 4.03.' Term/Amendments. The covenants, conditions and restrictions contained in this Declaration shall run with and shall bind the Subject Property for a term of twenty-five (25) years from the date this Declaration is recorded, after which time they shall automatically be extended for successive periods of ten (10) years each. This Declaration may be amended by an instrument signed by the Owners of not less than fifty-one percent (51°x) of the Lots within the Subject Property. Any amendment shall be recorded in the office of the A::a County Recorder. Section 4.04. Non -Waiver. The failure of the Declarant or Owner in any one or more instances to insist upon the strict performance of any of the covenants, conditions or restrictions of this Declaration, or to exercise any right or option contained herein, or to serve any notice or to institute any action, shall not be construed as a waiver or relinquishment for the future of such covenant, condition or restriction, but such covenant, condition or restriction shall remain in full force and effect. Section 4.05. Acceptance. Each grantee of a conveyance or purchaser under contract or agreement of sale, by accepting a deed or a contract of sale or agreement of purchase, accepts the same subject to all of the covenants, conditions and restrictions set forth in this Declaration and agrees to be bound by the same. Section 4.06. Sewer Requirement. All Lots within the Subject Property shall be subject to and be restricted by the following: (a) No Lot may be used or occupied for the purposes allowed unless the Lot is connected to the Boise City Public Sewer System, provided that said system is available for usage. (b) All sewer and treatment plant connection fees must be paid at the time of connection in accordance with the ordinances and laws of Boise City. (c) A monthly sewer charge shall be paid to Boise City, or its designee, after connection to the Boise City Public Sewer System in accordance with the ordinances and laws of Boise City. (d) Each owner of a Lot shall allow inspection thereof by either the Boise City Department of Public Works or the poise City Biuilding Department whenever a Lot is to be connected to the sewerage disposal system constructed and installed on or within said Lot. CL ION 0=COV=NA!� ; S, 010 7 C 0 5 v'7 (e) The Declarant and each owner of a Lot hereby authorizes Boise City, or its designee, to bring any action it deems necessary against the party liable therefor for the collection of any fees or charges due Boise City for sewer service connection or monthly sewer charges and/or to otherwise enforce any of the obligations contained in this Section 4.05. IN WITNESS WHEREOF the undersigned parties, comprising the Declarant, have caused this Declaration to be exe--.lted as of the date year first above written. ell- ALD W. VAN AUKER STATE OF IDAHO ) ) ss: County of Ada ) On this .3 day of 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared RONALD W. VAN AUKER, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed :tray 'official seal the day and year in this certificate first above written. ,. . Notary Public or Idaho Residing at Boise, Idaho My Commission Expires: Ade County. Natio is -- Roquwzt of Lavey 2's ! i::o aim -D^iv N-- w" „ - EAa�.E ROAD h d`�G'� '=•�•li WE 1 < aoan ' e ■ a = Z ■ � � • i � s 4MAUDS^rm�► [ i r > C • _ 0 i Z N 4 ; 0 Du S.. •• ww s 0 z� Hj i Y ■ a 9 III r�y•1 i i� t � F 9 i 3 IL 4 A,..1 a 0I�I8 0 i in Zn = j «� N v to %o eo a o �� •r w i r� h' I ' I a I _\ I li �a-h ] �. I � �% z 7. M r L d 14 X:IeR Y c- Jr �Lp 8 � op 9: r► s LL V_ 0112 � r r ar yr I TOO '39Ud U8iX3 • Z0'3Jdd Z00 ' 3Jdd UNiX3 �yT V : 60 96, ZZ Had s '14 3N CA A A Al i! I � Aj 22 4 1 � z 00 W %0 n o0 O� O N f`� t+► ,h o T00 '3Jdd U8iX3 6ti • 20 ' 3E)dd Eb:60 96, ZZ Sad I I. Z00 ' 3Jdd UdiX3 F) 2 � | G .0 _ N tit � § ■ . ® � © �§ � � E . E $t 2a � � � L L�� ' - f f g t OCC &�� _ } O E � � @$& OO �$� IN � .■ a f G t i9 �X % s� � all | � ! G .0 • Fabsimile Cover Sheet Pages Including thb Gommente: are A c on Jot- bDf*M T " p1a h. FEB 22 '96 09:39 To: 411114 Ampany: ( pf rWIAioA Fax: 609-461-3 From: J-Mkl :ompany: ROYLANCE AND ASSOCIATES, P.A. Phone: 1208) 330-7390 Fax: 1208) 338-7391 Date: 21 2Z-lgb page: (p skids . �Uffcvr,��+af-ed b1� otscv� S ��sh PAGE. 01 C� NOTICE OF HEARING s NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on March 12, 1996, for the purpose of reviewing and considering the Application of Ronald Van Auker and Franklin -Eagle Joint Venture for a Preliminary Plat for land located in a portion of SW 1/4, Section 9, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located North of Franklin Road, East of Eagle Road. Applicant requests Preliminary Plat approval of the parcel of land above described for 19 General Commercial and Light Industrial lots for Porky Park No. 1 Subdivision. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 22nd day of February, 1996. WILLIAM G. BERG, JR., CI CLERK interoffice MEMORANDUM To: William G. Berg, Jr. �� SEP - 3 1999 From: Wm. F. Gigray, III Subject: RONALD W. VAN AUKER,/ FIRST AMENDMENT TO EASEMENT AGREEMENT / RESOLUTION AND CERTIFICATE OF CLERK / File No. 4.6.11 Date: September 3, 1999 Will: Please find attached the original executed First Amendment To Easement Agreement by Ronald W. Van Auker, along with the originals of the Resolution and Certificate of Cleric, pertaining to Ronald W. Van Auker's agreement with the City of Meridian. The Agreement will need to be presented to Mayor Corrie to obtain his signature, and, of course, your attestation. Please remember the Agreement will need to be recorded, and then forward a conformed, recorded copy to Ronald W. Van Auker, Rick Mallory of J -U -B Engineers, Public Works and the City Attorney office. If you have any questions, please advise. msg\Z:\Work\M\Meridian 15360M\Public Works\C1erlaesandCertAgmtVaAuker.Ltr MERWM City of Meridian City Clerk's Office Shelby Ugarriza, Deputy City Clerk (208) 888-4433 ext. 210 Fax (208) 888-4218 33 East Idaho, Meridian, ID 83642 To: Steve O'Brien From: Shelby : Pages: 3 Phone: Dd* 1-23-01 Re: Porky Park - Van Auker D/A cc: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Steve, Could I get you to make a map for this legal description, please? Thanksil i Shelby U interoffice MEMORANDUM JL IJL.' - - - - -4-:4 ID D E C 15 2000 To: William G. Berg, Jr. CITY OF MERIDIAN From: Wm. F. Nichols �00 Subject: Porky Park (VJ Joint Venture) Development Agreement Date: December 15, 2000 Attached you will find the original Development Agreement, Resolution and Certificate of the Cleric, for the above matter. You will need to obtain the signatures of VJ Joint Venture. Additionally, this matter will need d to be set upon an upcoming City Council agenda after you have obtained VJ Joint Venture signatures. If you have any questions arise in this matter, please give me a call. msg/Z:\Worlc\M\Meridian\Meridian 15360M\Porky Park Dev Agmt\Berg121500.Mem r-7 L -� interoffice MEMORANDUM DEC 15 2000 To: William G. Berg, Jr. CITY OF MERIDIAN From: Wm. F. Nichols Subject: Porky Park (VJ Joint Venture) Development Agreement Date: December 15, 2000 Attached you will find the original Development Agreement, Resolution and Certificate of the Cleric, for the above matter. You will need to obtain the signatures of VJ Joint Venture. Additionally, this matter will need to be set upon an upcoming City Council agenda after you have obtained VJ Joint Venture signatures. If you have any questions arise in this matter, please give me a call. msg/Z:\work\M\Meridian\Meridian 15360M\Porky Park Dev Agmt\Berg121500.Mem RESOLUTION NO BY: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND VJ JOINT VENTURE. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with VJ JOINT VENTURE, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with VJ JOINT VENTURE, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and VJ JOINT VENTURE, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. Resolution (VJ JOINT VENTURE) - I of 2 n n u PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of ATTEST: CITY CLERIC , 2000. u__:_ me msg/ZAWork\M\Meridian 15360NlTorky Park Dev Agmt\Resolution Resolution (VJ JOINT VENTURE) - 2 of 2 i 0 CERTIFICATE OF CLERIC OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: I . That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the day of , 2000, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND VJ JOINT VENTURE. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with VJ JOINT VENTURE, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with VJ JOINT VENTURE, entitled Certificate of Clerk (VJ JOINT VENTURE) - I of 2 0 0 "DEVELOPMENT AGREEMENT", by and between the City of Meridian and VJ JOINT VENTURE, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. WILLIAM G. BERG, JR. CITY CLERIC STATE OF IDAHO, ) ss. County of Ada, ) On this day of , in the year 2000, before me, , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) ZAWork\M\Meridian 15360M\Porky Park Dev Agmt\Certof0erk Notary Public for Idaho Commission Expires:_ Certificate of Clerk (VJ JOINT VENTURE) - 2 of 2 • 0 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. VJ Joint Venture THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 2000, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and VJ JOINT VENTURE, an Idaho joint venture, hereinafter called "DEVELOPER", whose address is 3084 E. Lanark, Meridian, Idaho 83642. 1. RECITALS: 1.1 WHEREAS, "Developer" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of General Retail and Service Commercial (C -G), Light Industrial (I- L) and Technical District (TEI, (Municipal Code of the City of Meridian); and DEVELOPMENT AGREEMENT - PORKY PARK - RONALD VAN AUKER • 1.5 WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning &. Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning &. Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 17th day of September, 1994 has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as DEVELOPMENT AGREEMENT - PORKY PARK - RONALD VAN AUKER 2 a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to VJ JOINT VENTURE, whose address is 3084 E. Lanark, Meridian, Idaho 83642, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and DEVELOPMENT AGREEMENT - PORKY PARK - RONALD VAN AUKER 3 0 by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code Section 11-7-2 K. M and N. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Developer/Owner" have submitted to "City" an application for conditional use permit, and shall be required to obtain the "City's" approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 "Developer" shall develop the "Property" in accordance with the following special conditions: 6.A Developer shall enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de - annexation, with the City of Meridian which provides for the following conditions of development to -wit: 6.1 Tile all ditches, canals and waterways, which are to be preserved including those that are property boundaries or only partially located on the property if they can be DEVELOPMENT AGREEMENT - PORKY PARK - RONALD VAN AUKER 4 0 0 contained within a pipe size of 48 inches or less. Developer shall enclose the Settlers Irrigation Canal within a pipe and shall either enclose within a pipe or vacate 2 users irrigation ditches. 6.2 Connect all water and sewer facilities within the subject property to the municipal water and sewer service of the City of Meridian. All water and sewer facilities constructed or installed by Developer on the subject property shall be in accordance with plans and specifications therefor which shall be first approved by the City. 6.3 Construct streets to and within the property. 6.4 Dedicate the necessary land from the centerline(s) of Road(s) for public right-of-way. 6.5 Pay, in accordance with an ordinance of the City of Meridian in effect at the time of the application by Developer for building permits, impact fees, transfer fees (if applicable), development fees, or similar fees or assessments which may be imposed upon, or by reason of, the development of the subject property, based on the uses to be developed on the subject property. Developer acknowledges that at the date of this agreement, the City does not have in force and effect an ordinance requiring the payment of such fees, but has under consideration such an ordinance. Developer waives the right, if any, to object to the imposition of such fees on the grounds that the subject property was annexed and zoned prior to the adoption of such an ordinance. 6.6 Meet the requirements and conditions of the Findings of Fact and Conclusions of Law, meet the Ordinances of the City, comply with the requirements of the Meridian Police Department, Meridian Fire Department, Meridian City Engineer, Meridian Planning Director, Ada County DEVELOPMENT AGREEMENT - PORKY PARK - RONALD VAN AUKER 0 0 Highway District, Central District Health Department, Nampa -Meridian Irrigation District and the Settlers Irrigation District. 6.7 developer shall timely. prepare, submit, and obtain the required approval by the City of any subdivision plat for the subject property, said plat to be in conformity with the requirements of the Ordinances of the City of Meridian and State Code. 6.8 Construct and install all landscaped areas, as shown on plans to be submitted and approved by the City, with sod and pressurized irrigation system, except as otherwise expressly noted on said approved plans. All shrubs and trees planted on the subject property will comply with the City's landscape requirements, unless otherwise expressly approved by the City. 6.9 The Developer shall prevent all construction debris from migrating to adjacent properties during construction; if the City determines that this section of the agreement is not being met, the City shall order the Developer to erect a temporary fence within ten (10) days of written notification to the Developer to contain construction debris. 6.10 Timely submit and obtain the required approval by the City of all drainage and grading plans, building plans, lighting plans, landscaping plans, parking and other plans relating to the development of the subject property. 6.11 Developer shall comply with all of the National Electric Safety Code clearances in connection with Idaho Power Company's 230/kv transmission line to be located adjacent to the Eastern right-of-way of Eagle Road upon which a portion of the subject property borders. Buildings and other structures under 38 feet should be setback 25 feet DEVELOPMENT AGREEMENT - PORKY PARK - RONALD VAN AUKER from the centerline of the transmission line. Depending on a particular building site's proximity to a transmission pole, buildings or structures may be placed closer than 25 feet from the centerline, however, clearances should be reviewed by the Idaho Power Transmission Design Department. Any buildings or other structures (including signs, light and flag poles) over 38 feet in height should be reviewed by the Idaho Power Transmission Design Department. For these structures a setback of 35 feet from the centerline is recommended. Any building or structure located within 200 feet of the transmission lien centerline may need to have additional grounding/bonding installed by the builder to eliminate any effects of electrical induction. Buildings or structures may require grounding/bonding by the builder at distances greater than 200 feet depending on their size and the amount of metal in the makeup and particularly buildings with metal surfaces. Idaho Power Company is available to discuss what grounding/bonding measures may be undertaken by the builder to eliminate the possible effects of induction. 6.12 The City may possibly require: Pedestrian Walkways; Planting Strips and Reserve Strips; Preservation of existing natural features; Lineal Open Space Corridors; Pedestrian/Bike Paths; School Sites or Fees in lieu thereof; Land Set Asides for Parks; and Greenbelts along canals or drainages; that Developer agrees to comply with all these requirements if so required by the City. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer" or "Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67- 6509, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT - PORKY PARK - RONALD VAN AUKER 7 8. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" consents upon default to the de -annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the "Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Developer", "Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. DEVELOPMENT AGREEMENT - PORKY PARK - RONALD VAN AUKER 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s cost, and submit proof of such recording to "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. B. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Developer" or "City" is DEVELOPMENT AGREEMENT - PORKY PARK - RONALD VAN AUKER 9 0 delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. IdahoAve. DEVELOPER: VJ JOINT VENTURE 3084 E. Lanark Meridian, Idaho 83642 DEVELOPMENT AGREEMENT - PORKY PARK - RONALD VAN AUKER 10 • Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written DEVELOPMENT AGREEMENT - PORKY PARK - RONALD VAN AUKER 11 request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements,, conditions or understanding, either oral or written, express or implied, between "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT - PORKY PARK - RONALD VAN AUKER 12 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. VJ JOINT VENTURE BY: Ronald W. Van Auker, Joint Venturer Attest: J.T. Johnson, Joint Venturer BY RESOLUTION NO. CITY OF MERIDIAN MAYOR ROBERT D. CORRIE Attest: CITY CLERK BY RESOLUTION NO. msg/Z:\Work\M\Meridian\Meridian 15360M\Porky Park Dev Agmt\DevelopAgr.wpd DEVELOPMENT AGREEMENT - PORKY PARK - RONALD VAN AUKER 13 0 • STATE OF IDAHO ) :ss COUNTY OF ADA ) On this day of , in the year 2000, before me, a Notary Public, personally appeared Ronald W. Van Auker, as a Joint Venturer and J.T. Johnson, as a Joint Venturer, known or identified to me to be the persons who executed the foregoing instrument on behalf of VJ Joint Venture, and acknowledged to me that they executed the same on behalf of said VJ Joint Venture. (SEAL) STATE OF IDAHO ) :ss County of Ada ) On this day of Notary Public for Idaho Commission expires: , in the year 2000, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) Notary Public for Idaho Commission expires: DEVELOPMENT AGREEMENT - PORKY PARK - RONALD VAN AUKER 14 EXHIBIT A Legal Description Of Property DEVELOPMENT AGREEMENT - PORKY PARK - RONALD VAN AUKER 15 i 0 EXHIBIT "A" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND VJ JOINT VENTURE A tract of land situated in the Southwest 1/4 and the Southeast 1/4 of Section 9, Township 3 North, Range l East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the Southwest Corner of said Section 9, thence along the westerly line of said Section 9, said westerly line also being the centerline of Eagle Road North 00" 00' 00" East a distance of 2650.18 feet to a found brass cap monumenting the Northwest Corner of said Southwest 1/4 of Section 9, thence leaving said westerly line and along the northerly line of said Southwest 1/4 North 89" 10' 47" East a distance of 70.01 feet to a found brass cap, said brass cap being the POINT OF BEGINNING; thence continuing along said northerly line North 89" 10' 47" East a distance of 2605.42 feet to a found brass cap monumenting the Northeast Corner of said Southwest 1/4; thence leaving said northerly line and along the northerly line of said Southeast 1/4 North 89" 10' 38" East a distance a distance of 1342.23 feet to a point; thence leaving said northerly line and along the westerly line of the East 1/2 of said Southeast 1/4 South 01" 03' 25" East a distance of 1363.51 feet to a point on the northerly right-of-way of the Union Pacific Railroad; thence along said northerly right-of-way the following courses; North 89" 56' 30" West a distance of 652.21 feet to a set steel pin; thence South 00'03' 30" West a distance of 50.00 feet to a set steel pin; thence North 89'56' 30" West a distance of 694.34 feet to a point on the easterly line of said Southwest 1/4; thence North 89'56' 30" West a distance of 20.00 feet to a set steel pin; thence leaving said northerly right-of-way North 00'-39' 59" West a distance of 691.61 feet to a set steel pin; thence South 89" 20' 47" West a distance of 458.83 feet to a found steel pin, thence North 66" 38' 18"' West a distance of 511.25 feet to a found steel pin on the northerly boundary of Commerce Park Subdivision (A Recorded Subdivision on File in Book 45 of Plats, at Pages 3721 and 3722). thence along said northerly boundary the following courses; 0 VJ JOINT VENTURE ANNEXATION DEVELOPMENT AGREEMENT North 79" 29'17" West a distance of 181.13 feet to a set steel pin; thence North 88" 26' 02" West a distance of 801.72 feet to a found steel pin thence South 88" 23' 29" West a distance of 220.34 feet to a set steel pin, thence South 42" 55' 20" West a distance of 12.25 feet to a found steel pin, thence North 87" 54' 48" West a distance of 435.58 feet to a found steel pin; thence South 82" 52' 10" West a distance of 21.94 feet to a found steel pin on said easterly right- of-way of Eagle Road; thence leaving said northerly boundary and along said easterly right-of-way North 00" 00' 00" East a distance of 413.38 feet to the POINT OF BEGINNING. The above described tract of land contains 71.58 acres, more or less, subject to all existing easements and rights-of-way. 10 VJ JOINT VENTURE ANNEXATION DEVELOPMENT AGREEMENT • EXHIBIT B • Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT - PORKY PARK - RONALD VAN AUKER 17 �• �doa BEFORE THE MERIDIAN CITY COUNCIL RONALD VAN AUCKER ANNEXATION AND ZONING A PORTION OF THE SW 1/4 AND THE SE 1/4 OF SECTION 9, T. 3.N., R. 1.E., BOISE, MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above 'entitled matter having come on for public hearing August 6, 1994, at the hour of 7:30 o'clock p.m., that James R. Jones representing the Petitioner appeared in person, the City Council of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 6, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 6, 1994, 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 annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 1 i 1-4 approximately 172 acres in size. 3. That the property is presently zoned by Ada County as M-1 Industrial and RT Rural* Transition residential; that the Applicant requests that portions of the property be zone TE Technical District, I -L Light Industrial and C -G General Retail and Service Commercial; that no specific use for the property was presented but it was stated that it would be platted later. 4. The general area surrounding the property is used for industrial, warehousing and agricultural uses. 5. That the property is now adjacent and abutting to the present City limits. 6. That Ronald VanAucker is the Applicant; that Applicant does not own all of the land; that the other owners are Oren C. Mayes and Carmen J. Mayes, 4M Leasing/Canvest, an Idaho Partnership, Franklin -Eagle Joint Venture, VJ Joint Venture, and. G/D Partners, an Idaho General Partnership and they 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. 7. Ada County Highway District (ACRD), Gary Smith, Meridian City Engineer, Meridian Police and Fire Departments, Shari Stiles, Meridian planning Director, Central District Health Department, Idaho Power and the Nampa -Meridian Irrigation District submitted comments and such are incorporated herein as if set forth in full. 8. Chuck Leihe-of the Meridian School submitted comment at the hearing that the School District was looking for a 32 acre parcel for a school and the Applicant was also interested in a VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 2 `i 0 school in the area; that Mr. Jones ad indicated that the Applicant had made arrangements with the School District that a middle school would be build in the area. 9. There were property owners in the area of the proposed annexation that appeared and testified at the Planning and Zoning hearing to make comments on the application; that the testimony was basically as follows: a. Pat Nation was against the annexation because it was adjacent to her farm and she likes her well and the sewer facilities that she now has and was not interested in City service; that development in the area would interfere with the horses that she raises; that she wanted to be in the county and not the city and that the annexation would not be good for her privacy or her horses. b. Rich Allison testified that Mr. VanAuker had been co- operative with providing fairly priced land for the School and that school land would provide a buffer for Mrs. Nation. c. Carl Hatvani testified concerning the ditch problems that he had had in the area. d. Mike Shrewsberry testified that he wanted the Commission to know that this was only an annexation and that platting would be some time later and that there would be no interference with agricultural practices. that there was also testimony at the City Council hearing, which is basically as follows: 1. James Jones, the Applicant's representative testified about the property and showed pictures of developments that Ron VanAucker had developed; that the land was not in a mixed planned use area as stated in the Planning and Zoning Commission Findings of Fact and therefore the conditions that are placed on laud that is in a mixed planned use area should not apply to this land; he stated that it was in an Industrial Review Area; that he was as concerned as the City was about some things that have happened in one of the areas zoned light industrial; he proposed that if there are uses that the City does not VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 3 want to see built there they would stipulate that those uses would not be built there if it was agreeable with them; he offered a schedule of uses that he said listed the permitted and conditional uses in the Light Industrial zone from the current Meridian Zoning Ordinance with a few suggested changes and asked the City Council to review this and mark it as to how the City, would like to limit the Applicant's uses. 2. Rich Allison testified basically the way that he did at the Planning and Zoning Hearing but added that he supported the Applicant not having to get conditional uses. 3. Ron VanAuker testified that all of the property was not his; 'that the General Service Administration was a proposed user; that he perceived the conditional use requirement as unnecessary; that. the conditional use procedure adds uncertainty to development, a lot of delay in development, and the prospective tenants are not willing to wait: he stated that all of the uses would not necessarily be inside; that outside uses would be of concern to the City -and that they may work with the City on the outside uses; that he would do conditions, covenants and restriction and would use them to protect the City. 4. Jird Kessler testified that he was a typical tenant; that he wanted to avoid the conditional use process. S. Carmen Mayes testified that there were too many requirements on the application; that conditional uses were a scape goat for what is not a listed use and it is used to discriminate; that she questioned the tiling of waterways; and that she was in favor of the Application. 6. Dwain Edmonds stated that he had a 15,000 square foot machine shop on five acres, that a conditional use would be a bad requirement. 7. John Jackson stated that he owned property to the north of the Applicant's property and was not part of the Applicant's development. 8. Cornell Larsen testified that he was a realtor; that he encouraged that City not to use conditional uses; that Ada -County does not require conditional uses; that the cost to the City to use conditional uses would be very high. 9. Mike Ford stated that he was a real estate manager for VAD] Ai;KER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 4 Ron Yankee; that Mr. Yankee was not part of the 172 acres; that he was concerned that the conditional use requirement would carryover to Mr. Yankee's land. 10. Chris Nelson'stated that he represented "Canvass" which owns land on Commercial Street which is north of the subject property; that conditional use were not good. 10. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 11. 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. 12. That the property can be physically serviced with City water. and sewer, but the sewer and water lines will have to be extended to the property by the Applicant. 13. That Meridian has, and is, experiencing a substantial amount of growth; that there are pressures on land previously used. for agricultural uses to be developed into residential subdivision lots, commercial, and industrial uses. 14. That the following pertinent statements are made in the Meridian Comprehensive.Plan: A. Under the LAND, GENERAL POLICIES, section commencing at page 22, it states: Encourage a balance of land uses to ensure that Meridian remains a desireable and self- sufficient community; and under the INDUSTRIAL POLICIES, it states in part as follows: 3.1 Industrial development within the urban service planning area should receive the highest priority. 3.4 Industrial development should be encouraged to locate adjacent to existing industrial uses. 3.5 Industrial areas should be located within proximity VAN AURER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 5 B. 15. to major utility, transportation and services facilities. 3.9 Industrial uses should be located where discharge water can be properly treated or pre-treated to eliminate adverse impacts upon the City sewer treatment facility and irrigated lands that receive industrial runoff. 3.10 Industrial uses should be located where adequate water supply and water pressure are available for fire protection. and under the Eastern -Eagle Road Light Industrial Review area is stated as follows: 3.15 The City of Meridian shall encourage the development of a Technological park and compatible light industrial uses within the proximity of the Idaho Foreign Trade Zone. 3.17 It is the policy of the City of Meridian to encourage and promote light industrial development in the Eastern Light Industrial Review Area. 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 the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. That the property is included within an area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 6 as a Light Industrial; the Comprehensive Plan states at page 17 that "There are two planned Industrial Review Areas addressed in this Comprehensive Plan. The Eastern -Eagle Road Light Industrial Review Area . . ."; the Industrial Policies stated at page 24 of the Comprehensive Plan state in part as follows: 3.11 Zoning and development within each of the Industrial Review Areas should be analyzed to ascertain if there are potential problems or conflicts which would hinder the development of these areas by private industrial and business interests. 3.12 All industrial proposals that pertain to the Industrial Review Areas shall be reviewed and monitored by the City Council or designated commissions or committees, so that approved uses are compatible with surrounding planned uses and preserve the integrity of the review areas."; that the specific policies for the Eastern -Eagle Road Light Industrial Review Area include the following: "3.14 The character, site improvements and type of light industrial developments should be harmonized with the residential uses in this area. 3.16U Land uses within the Eastern -Eagle Road Light Industrial Review area must be clean, quiet, and free of hazardous or objectionable elements." 16. That the requested zoning of General Retail and Service Commercial, (C -G), Technical District and Light Industrial districts are defined in the Zoning Ordinance at 11-2-408 B. as follows: (C -G) General Retail and Service Commercial: The purpose of the (C -G) District is to provide for commercial uses which are customarily operated entirely or almost 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 VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 7 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. (TE) Technical District: The purpose of. the (TE) District is to permit and encourage the development of a technological park, including research and development centers, vocational and technical schools and compatible manufacturing, and wholesale business establishments which are clean, quiet and free of hazardous materials and that are operated entirely or almost entirely within enclosed structures; to delineate an area of adequate size to. accommodate present and future compatible needs on lands which are relatively free of improvements, well suited for such use because of location, topography, access and utility service potential, and relationship to other land uses could render the district infeasible for its intended use. The District must have direct access on two (2) or more transportation arterials or collectors, designed to convey large volumes of traffic through non-residential areas to major highways and thoroughfares. It must .also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian for domestic requirements. The district is further designed to act as a buffer between industrial and highway uses and other less intensive business and residential uses, and to provide an environmentally pleasing, safe and aesthetically pleasing employment center for the community and. the region. (I -L) Light Industrial: The purpose of the (I -L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 17. That in 1992 the Idaho State Legislature passed VAN AURER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 8 amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability ofpolitical subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents -or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in development that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and business and to those moving into the City; the City is also concerned that the increase in commercial and industrial development is bringing in more population and is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students; that the increase in commercial and industrial which might locate in this annexation would be helpful. 18. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 9 if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 19. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or'shopping areas; the pedestrian easement shall be at least ten feet (101) wide." 20. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 21. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 22. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi - improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 10 C] natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 23. That Section 11-9-605 L states as follows: "Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so -that an alternate .transportation.system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle -Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." 24. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: "The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses. 25. That the City is in the process of amending the Zoning Ordinance and the Subdivision and Development Ordinance; that the present Zoning Ordinance provides for only one industrial zone which is the Light Industrial Zone and which authorizes all industrial uses if allowed; that one of the proposed amendments to the Zoning Ordinance is to reorganize the industrial uses and have a light industrial zone and a heavy industrial zone. VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 11 26. That proper notice was given as required by law and all procedures before the City Council and City Council were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the .Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the'City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the City Council has judged these annexation, zoning and conditional use applications under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 12 the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (7983). 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. That the Applicant shall be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-=16 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, R, and L.; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development .fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or,. if VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 13 r necessary, the property would be subject to de -annexation and loss of City services, if the requirements of this paragraph were not met. 10. That the Applicant's proposed use of the property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. 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 Applicant has not stated or represented its intentions for development, which is of concern to the City Council; that since the Comprehensive Plan states that the specific policies for the Eastern -Eagle Road Light Industrial Review Area include the following: 3.14 The character, site improvements and type of light industrial developments should be harmonized with the residential uses in this area. 3.16U Land uses within the Eastern -Eagle Road Light Industrial Review area must be clean, quiet, and free of hazardous or objectionable elements."; therefore, it is concluded, that some means needs to be required so that the City can insure that uses in the area are clean, quiet and VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 14 free from hazardous or objectionable elements and are in harmony with the residential uses in the area; that the Zoning Ordinance, as amended, will likely require that uses in the Light Industrial zone be clean, quiet and free of hazardous or objectionable elements; that the area is not in a mixed planned use area which requires conditional uses for development, so conditional uses should not be required as a condition of annexation and zoning; that if the Applicant agrees to have all development meet and comply with the amended Zoning Ordinance, even though it will not be adopted until later, the property should be annexed and zoned as requested. If the Applicant is not agreeable with having his development meet with the Zoning Ordinance, as amended, conditional uses shall be required as a condition of annexation. 13. Therefore, it is concluded that the property should be annexed and zoned General Retail and Service Commercial (C -G),. Light Industrial (I -L) or as Technological District (T -E), as requested in the Application, but the Applicant and all property owners must agree, prior to an annexation ordinance being passed, that all development shall meet and comply with the amended Zoning Ordinance, even though it will not be adopted until later. 14. That, as a condition of annexation and the zoning the Applicant, and all property owners, shall be required to enter into development agreements as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shah address, among other things, the following: 1. Inclusion into the development of the requirements of 11 - VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 15 9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. C. H, Public Sites and Open Spaces. d. R, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. 2. 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. 9. Harmonizing and integrating the site improvements with the existing development. 10. Establishing the 35 foot landscaped setback required under the Comprehensive Plan and landscaping the same. 11. Addressing the comments from the City Staff, applicable at the time of annexation and zoning or at the time of development. 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. 15. That Section 11-2-417 D of the Meridian Zoning Ordinance states in part as follows: VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 16 "If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. . . ."; that since the above section states that the development agreements shall take effect upon the adoption of the ordinance annexing and zoning the parcel and since no.development agreements have been agreed on, or even discussed, it is concluded that the development agreements are information that the City Council needs prior to the final action on the annexing and zoning applications, which is the annexation ordinance; however, it has been stated that platting may not be done for approximately eighteen months; therefore it is concluded that the land may be annexed and zoned but the land shall be subject to de -annexation if acceptable development agreements are not agreed upon, and entered into, after the annexation ordinance is passed. 16. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian, but it is concluded that the property may be de -annexed if appropriate development agreements are not agreed on and executed by the City and the respective property owners. 17. That the requirements of the Meridian Police Department Meridian City Engineer, Ada County Highway District, Meridian Planning Director, Central District Health Department, and the Nampa & Meridian Irrigation District, shall be met and addressed in VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 17 development agreements. 18. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de -annexation. That pressurized irrigation shall be installed and constructed, and if not .so done the property shall be subject to de -annexation. 19. That the Applicant and property owners shall be required to connect to Meridian water and sewer, at their expense, 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 agreements. 20. That these conditions shall run with the land and bind the applicant, owners and its assigns. 21. With compliance of the conditions contained herein, the. annexation and zoning as requested in the Application would be in the best interest of the City of Meridian. 22. That if these conditions of approval are not met by the Applicant and the respective property owners, the property shall be de -annexed. VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 18 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) DECISION VOTED VOTED VOTED The City Council hereby decides that the property set forth in the application be approved for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of - Law, including that the Applicant and property owners enter into development agreements or that the land be de -annexed; that if the Applicant and owners are not agreeable with these Findings of Fact and Conclusions and are not agreeable with entering into development agreements, the property shall not be annexed. MOTION: APPROVED: DISAPPROVED: VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 19 0 0 Meridian City Council June 4, 1996 Page 34 required include also within it the proposed uses for light industrial area as they relate to permitted uses, conditional uses and non -permitted uses. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that we amend the findings of fact and conclusions of law on the Olson Bush property to delete the requirement for conditional use permits and insert the development agreement to include proposed uses for light industrial area as permitted and non -permitted, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Corrie: On the ordinance Counselor do we need to amend that as well? Crookston: We would need to amend the findings of fact, I have prepared the ordinance but I think that we should approve the new findings. Morrow: Mr. Mayor then I would move that we table item #5 on the Olson Bush annexation ordinance #731 until our meeting of June 18. Tolsma: Second Corrie: Motion made by Mr. Morrow,. second by Mr. Tolsma, any further discussion? Hearing none, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: TABLED MAY 21,1996: REQUEST FOR A PRELIMINARY PLAT FOR PORKY PARK NO. 1 SUBDIVISION BY RON VAN AUKER: Bentley: Mr. Mayor, I have a question for Shari, we received a new plat map tonight any problems with that? Stiles: Mayor and Council the plat I received today does address my concerns, I don't know if Gary or anyone in Public Works Department has had a chance to review it as far as their concerns. I feel that I don't have any problems with the plat. Corrie: Is Gary here? Mr. Bentley do you want to hear their comments or do you want to wait for Gary? Meridian City Council June 4, 1996 Page 35 Roylance: Mr. Mayor and City Council my name is Dave Roylance I am the civil engineer for the applicant. About a week ago I delivered the revised plans over here the revised preliminary plat. But regarding the 35 foot landscape lot we had inadvertently along Franklin Road dimensioned it from old right of way instead of new right of way. Other than that every other change done was submitted a week ago. That was brought to my attention by Shari and (inaudible) so I came over here and red lined the plans about 8:30 this morning that she had and I went back to my office and made the change in the computer (inaudible) and delivered ten more plans over here this morning. So there was that one miscommunication that misinterpretation that we corrected. But the plans had been here about a week and I hadn't heard any comments back from Gary or Bruce. Corrie: Thank you Dave. Bentley: We received a new copy of the new plat map yesterday and I was wondering if you had any problems with it? Smith: I haven't looked real closely at the new one. I looked at the comments that we made or that the applicant responded back to us from our previous comments and it appears as though they addressed everything that we had from what the public works department had commented on. Corrie: I think the primary thing that was mentioned by Mr. Roylance was the fact that Shari caught the attention that there was a five foot difference there, landscaping, is that right Shari? Any further comments from Council? Miller: I have a comment, the last time I stated that we are going to change the name as part of the final plat. I am having second thoughts about that, if you saw the Statesman yesterday morning it had an article about that and it is amazing how much attention this name has gotten of a positive nature. Mr. Van Auker told me this afternoon that I should once again offer to change the name if that is the Council's opinion. Also once again I would like to ask that the Conditional use permit requirement not be required for this project for permitted uses. Also that we have sidewalks on one side of the street only since it is an industrial development. I would also like although I am flexible on this is the pressurized irrigation I would like to, typically in our industrial developments we don't do a lot of laws. We try to stay with drought tolerant shrubbery and go with drip irrigation systems. This with the 35 foot landscape buffer or berm may present a little different situation. I would also like the Council to consider that. Rountree: Wouldn't we have to, we would have to have an application for a variance? Crookston: That is correct. Meridian City Council June 4, 1996 Page 36 Stiles: Mayor and Council I would not support a variance on the pressurized irrigation requirement because of those 35 foot setbacks and it being on an entrance corridor and also the fact that they have a 20 foot planting strip required adjacent to the east property line. I think there is going to be a lot more landscaping in these developments than has been represented not by Van Auker but by all of these industrial developments in general just to meet our ordinance requirements they are going to have more landscaping then they think they are going to have. Morrow: If I could make a comment on that the pressurized irrigation ordinance with respect to industrial subdivisions in my mind each one of them should be looked at separately because if you have got it is like the one we did at the last meeting, if you have a lot of acreage of ground that is not going to be irrigated in any way shape or form it doesn't make sense to tie up all of those water rights to that ground to irrigate 40,000 or 50,000 square feet when you have several hundred thousand of square feet of ground that is under building and asphalt. So I think that we are in a bit of a dilemma here I don't want to see a policy that goes away from that but by the same token I want the applicant to have the opportunity to request a variance and understand that is a gamble on his part or her part as the case may be. I think that what we have to weigh with respect to the pressurized irrigation in industrial and commercial subdivision is that are we better off as a society having it in there because of large amounts of landscaping and tying up those water rights for that landscaping or if it is not percentage wise very much landscaping are we better to have that water right distributed amongst ground that heavily uses it. 1 would hate to see a blanket policy of just now, 1 think that we have to look at each subdivision independently. Rountree: I think that is what we discussed with the last variance that it would kind of depend on the site situation and the build out and whether or not they are on an entry corridor and I agree with you Walt. We probably ought to take a look at the variance eventually but for consideration at this point deal with those applications individually. Morrow: Well having said that I at this point, I guess I am prepared to move that we accept the preliminary plat for Porky Park Subdivision No. 1 subject to staff conditions and City ordinances, ACHD requirements, Nampa Meridian requirements. If the applicant wishes to ask for a variance from those he make the proper application for such. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, any further discussion? Hearing none I will call for the vote, all those in favor? Opposed? MOTION CARRIED: All Yea • 0 Meridian City Council June 4, 1996 Page 37 Miller: Can I ask just one question, one of the staff conditions was a conditional use permit, that was one of Shari Stiles conditions, item 6, "All development within the subdivision is subject to approval through a conditional use permit process". Which once again is contrary to the conditions of the annexation and zoning. Rountree: It would be my opinion that the conditions of annexation and zoning would override the staff comment, sorry Shari. Crookston: I guess the comment that I have, isn't this land off of Eagle Road. Miller: Yes Crookston: So it is in a planned unit development area. Miller: Not it is not, that is not consistent with your facts and findings and conclusions of law. Crookston: Well then I made a mistakes If Ian oeanne the rea,alngs of fact it was not within know the area along Eagle a planned unit development area but it i 9 Road is within the planned unit development area. Miller: Page 15 of the findings of fact and conclusions of law, that area is not in a mixed planned use area which requires conditional uses for development, so conditional uses should not be required as a condition of annexation and zoning. Crookston: Shari, do you know if the land is within that planned unit area on the localized planning map? Stiles: On the map itself not it is not, 1 think what you were referencing in your findings was the text. This also can be controlled through the development agreement, we can get very specific as to what the requirements will be prior to any final plat being approved. Morrow: Mr. Mayor, then if I might offer a motion to move us along here. I do not have a copy of the findings of fact and conclusions, but at this point I would make a motion that under Shari Stiles' comment as lettered March 11, 1996 that we delete item 6, all development within this subdivision is subject to approval through the conditional use process and that upon final plat approval we subject this subdivision to the development agreement which addresses the uses at that point in time. Rountree: Second Meridian City Council June 4, 1996 Page 38 Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, any discussion on the motion? Hearing none, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: PUBLIC HEARING CONTINUED FROM MAY 21, 1996: REQUEST FOR A PRELIMINARY PLAT FOR BALLANTYNE TROUTNER BUSINESS PARK BY JIM BALLANTYNE: Michael Ballantyne, 2690 N. Mule Deer Way, was sworn by the City Attorney. Ballantyne: Mr. Mayor as you know and members of the Council as you know we have been before a number of times and have been tabled a few times here in our attempts to have a portion of or a piece of property there off of Franklin Road, Meridian Road annexed into the City and approved as a business park. At this point we are discussing the preliminary plat. We understand based on discussions with Shari Stiles that there was some challenges in getting some information to update our application and we believe that we have all of those items we are not sure whether that will affect our hearing tonight. We do request though that the City Council approve the preliminary plat for the Troutner Business Park and I would be glad to answer any questions or concerns. Corrie: Council, any questions? Ballantyne: I would Mr. Mayor, if [could say one more thing, I would apologize for some delays. We did have some problems getting some stuff to Shari. We have attempted to go above and beyond the terms of the basic requirements for our annexation and rezone and preliminary plat such as doing the utility profiles which I don't believe is normally required and working with the Mayor to provide some information on contract zoning and a few other items hoping that will prove helpful and calm some fears that staff and Council may have on this project. Morrow: Mr. Mayor at this time I don't have any questions for him, I think I would like to see if there are any members from the public that wish to offer testimony on this issue? Corrie: Is there anyone from the public? Susan Kelly, was sworn by the City Attorney. Kelly: I apologize but this is very impromptu, you may or may not have noticed that we have been in here on several different occasions in hopes of testifying and talking to the Council and Mayor. My husband and I have a great deal of concern based on our property MERIDIAN CITY COUNCIL MEETING: JUNE 4 1996 APPLICANT: RON VAN AUKER ITEM NUMBER; 6 REQUEST: PRELIMINARY PLAT FOR PORKY PARK NO 1 SUBDIVISION AGENCY COMMENTS 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: VY ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Roylance & AssocAannefs P.A. Engineers a Surveyors a 4619 Emerald, Suite I}2, Boise, Idaho 83706 Telephone (208) 336.7390, Fax (208) 336-7391 TO BJETAM ori T-RUMMoTTaG. DATE /�j Jos NO. ATTENTIO RE: J GENTLEMEN: WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: ❑ For approval Vor your use requested review and comment ❑ FOR BIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections J ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints 19 ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED:,, f% 0 0 0 March 9, 1996 RECEfuer3 HA i 1 19% C'1Y OF MERIDIAN Planning & Zoning Commission Meridian City Hall 33 East Idaho St. Meridian, ID 83642 To Whom This May Concern: I received your registered letter in regards to the Porky Park No. 1 Subdivision. Referring to the Porky Park No. 1 Subdivision for 19 General Commercial and Light Industrial lots. Our main concern is that the restrictions for this property be very orderly and not junky. That there may be very specific rules endorsed to meet beautification of these properties. By keeping the properties up it would enhance the property value. I would appreciate your consideration in this matter. Thank you. Sincerely yours, Margaret F. Reed Personal Representative Frieda Carstens 1906 N. Maple Grove Rd. Boise, ID 83704 Phone: 375-2008 CJ Meridian City Council May 21, 1996 Page 7 9 Corrie: You will also have the opportunity to have all Councilman here for that vote too ITEM #7: PUBLIC HEARING CONTINUED FROM MAY 7,1996: REQUEST FOR A PRELIMINARY PLAT FOR PORKY PARK NO. 1 SUBDIVISION BY RON VAN AUKER: Corrie: Comments from staff at this point? Stiles: Mr. Mayor, we got a revised plat on this today and I haven't had time to review it. I still believe there are some issues that have not been addressed on the plat as far as common lots, and we would. need to review and see what else we needed. I think Charlie was Rountree: That was my motion before, we need to clear up some fairly significant issues. With the recent receipt of the preliminary plat it would seem to be to be in order to table it for appropriate review from staff. Corrie: Also this came in at 4:00 this afternoon. Brad Miller, 3084 East Lanark, was sworn by the City Attorney. Miller: I apologize for getting it to the City late and I acknowledge that, we made every attempt to incorporate all of the changes into there. Something that has been overlooked which I am sure there probably is I would ask that we would go ahead and make a motion and approve the preliminary plat with the stipulation that we would make those changes to the final plat. I think there are always situations which involve changes of a preliminary plat after it is approved and I don't have a problem with that at all. We have made every attempt to address all of the ACHD as well as the City comments in that map. I do have a couple of additional comments. The public hearing that we held two weeks ago, the statement was made regarding the conditional use permit requirement for the subdivision that it was a condition of the annexation and zoning of this property. I asked Anna to get me a copy of the findings of fact and conclusions of law and it is interesting that on August 6, 1994 the City held a public hearing specifically to address this issue of conditional use permit request on this project. It was specifically decided after much testimony that conditional uses would not be required as a condition of annexation and zoning on this project. You can find that on page 15, paragraph 12 of the findings of fact and conclusions of law. That was a decision that was already made by the City Council. So I would ask that you approve this preliminary plat that you do not, that you exclude item 6 on Shari Stile's memo on March 11 requiring conditional use permits on each of these lots. I would also once again ask that we be not required to put sidewalks on both sides of the street because of the industrial nature of this that we be required to do it only on one side of the street. 0 Meridian City Council May 21, 1996 Page 9 Bentley: Second Corrie: Motion made by Mr. Rountree, second by Mr. Bentley, any further discussion? All those in favor say aye? Opposed? MOTION CARRIED: All Yea Corrie: That will be tabled until June 4. ITEM #10: PUBLIC HEARING: REQUEST FOR EXTENSION OF CONTRACT BY SANITARY SERVICES, INC.: Corrie: I would invite the Counselor or Mr. Alidjani to start the public hearing. I will open the public hearing at this time. Moe Alidjani, 2930 West Pine, was sworn by the City Attorney. Alidjani: Mr. Mayor and gentlemen Council (inaudible) I am here tonight to present our case, I really don't have any addition to what we have asked for. If there are any technical questions in regard to the operation I will be glad to answer other than that my counselor Mr. Mark Freeman he wishes to say a few words. I am open to any questions. Corrie: Any questions Council? Alidjani: Thank you Mark Freeman, 3550 West Birdie Court, was sworn by the City Attorney. Freeman: Mr. Mayor, gentlemen Council, as you are aware I am the attorney for Sanitary Services Inc., I believe this is the third time we have been before the Council on these requests and we are appreciative of the opportunity to make a statement at the public hearing. For the benefit of the audience we have requested a five year extension of Sanitary Services existing contract which would expire without the extension in September of this year, in other words we are requesting extension to the year 2004. We have also requested a 3 year option at the end of the extension period. There are several reasons, we believe that the requested extension is necessary, the first is as a result of the tremendous growth in the City. It has required Sanitary Services to make significant capital expenditures to keep up with growth. Purchased a number of trucks, I believe about a truck a year over the past five years. Currently has a need to purchase at least two trucks immediately to operate efficiently and as we. have indicated to the Council previously it is difficult for Sanitary Services to obtain necessary financing to purchase 0 Meridian City Council May 21, 1996 Page 9 Bentley: Second Corrie: Motion made by Mr. Rountree, second by Mr. Bentley, any further discussion? All those in favor say aye? Opposed? MOTION CARRIED: All Yea Corrie: That will be tabled until June 4 ITEM #10: PUBLIC HEARING: REQUEST FOR EXTENSION OF CONTRACT BY SANITARY SERVICES, INC.: Corrie: I would invite the Counselor or Mr. Alidjani to start the public hearing. I will open the public hearing at this time. Moe Alidjani, 2930 West Pine, was sworn by the City Attorney. Alidjani: Mr. Mayor and gentlemen Council (inaudible) I am here tonight to present our case, I really don't' have any addition to what we have asked for. If there are any technical questions in regard to the operation I will be glad to answer other than that my counselor Mr. Mark Freeman he wishes to say a few words. I am open to any questions. Corrie: Any questions Council? Alidjani: Thank you Mark Freeman, 3550 West Birdie Court, was sworn by the City Attorney. Freeman: Mr. Mayor, gentlemen Council, as you are aware I am the attorney for Sanitary Services Inc., 1 believe this is the third time we have been before the Council on these requests and we are appreciative of the opportunity to make a statement at the public hearing. For the benefit of the audience we have requested a five year extension of Sanitary Services existing contract which would expire without the extension in September of this year, in other words we are requesting extension to the year 2004. We have also requested a 3 year option at the end of the extension period. There are several reasons, we believe that the requested extension is necessary, the first is as a result of the tremendous growth in the City. It has required Sanitary Services to make significant capital expenditures to keep up with growth. Purchased a number of trucks, I believe about a truck a year over the past five years. Currently has a need to purchase at least two trucks immediately to operate efficiently and as we have indicated to the Council previously it is difficult for Sanitary Services to obtain necessary financing to purchase Meridian City Council May 21, 1996 Page 10 those trucks because the contract term remaining is only 3 years and most of the financial. instutions if not all of the ones that we have discussed or contacted have required a five year minimum contract term to finance those purchases. This doesn't mean Council and Mayor that sanitary services is here saying that they are unable to continue to do the contract without the extension. Sanitary Services will honor the contract regardless of the Council's decision. And is capable of performing adequately as it has for the prior term of the contract. However, it will not be able to do that with new vehicles which we would like to purchase now. As a result of the growth we anticipate, assuming the 1000 homes per year stays in as the projected growth for a period of time that translates to about one truck per year. So every 1000 homes Sanitary Services is going to need to purchase additional trucks. This is a problem that we will continue throughout the terms of its contract. Also, authorizing the extension of the contract would allow sanitary services to not only expand its fleet of trucks with new vehicles it would enable to upgrade it services through hiring more employees and more efficient employees and also upgrading other services. You may ask and I believe it was asked and discussed at earlier meetings if we grant the extension will Sanitary Services be back here in five more years saying I only have 3 years left to my contract will you extend it. I think the answer to the question is no, Sanitary Service is now as opposed to I think it was 1993 when this contract was assigned in a better position to anticipate the expected growth based upon the historical perspective it has. We have crunched the numbers and the rates, the rate increase combined with an extension of this contract would allow Sanitary Services to full perform throughout the year 2004. Another reason we believe it is a good idea for the City to extend this contract is that Sanitary Service commercial and residential rates even with the recent rate increase are still competitive as we have shown through the documentation that we have submitted to the Council. We are one of if not the lowest in the categories. I believe that is a benefit to the City and shows that Sanitary Service can provide quality service at a reasonable cost and that is an additional reason to extend the contract. Since 1979 Sanitary Service has provided dependable service to the City of Meridian. It is a locally owned business I believe that should be a consideration for the Council. Sanitary Services has a proven track record of responding to complaints quickly unlike a big company we have Mr. Alidjani who is the president who is accessible seven days a week pretty much seven days a week unless he is out of town, 24 hours a day. I believe that the Council maybe not all of you but a number of you have had an opportunity to see Moe in work resolving complaints from the cellular phone. I think you get a personal touch though Sanitary Service, that you are not going to find through a larger provider should you decide to competitively bid this in 3 years. I think those are reasons to extend this contract for 3 years. Sanitary Services in addition to providing efficient quality service to the City of Meridian has been a good corporate citizen. Moe has given a lot through his business back to the City. Sanitary Service collects refuse for City Hall at no charge, he collects, I call them the chamber receptacles but they are actually maybe city garbage cans, throughout the City the nice ones there are about 30 of them he does that weekly with no charge to the City or Meridian City Council May 21, 1996 Page 11 residents. He supports clean up, yearly clean up days as requested by the City and provides refuse hauling for free at that time. Moe through Sanitary Service also has a history or supporting functions and projects which benefit our city and the residents and businesses in the City. I think that you would be hard pressed to find a civic organization or a non-profit group in the City of Meridian that hasn't received either some donation of time or money from Moe either individually or through Sanitary Services or has or who hasn't received either free or reduced rates for picking up and dropping off dumpsters and collecting refuse. That is in addition to all of his other work through the Meridian Chamber of Commerce, Dairy Days, parades and other civic organizations like the Salmon Barbecue. There is one issue that I would like to briefly discuss that was raised at a previous meeting. That concerns reference to the Cherry Lane Goff Course lease, I believe there were some councilmen that were concerned that a grant of extension of this contract might be perceived, you might receive some heat or the City residents may compare that to the Cherry Lane Golf Course Lease. We don't feel it is a fair comparison that lease as you are aware is for 55 years it was signed in 1978 it runs through the year 2033. Right here we are here 12 years on a 15 year contract, there are 3 years left to expire. We are only asking for a 5 year extension. Sanitary Service services benefit everyone in Meridian it is not a golf course or a project that just touches a few businesses and individuals Sanitary Service provides service to every single household and business that is actively operating in the City of Meridian. The City controls Sanitary Service's performance and they also control the rates they charge for those services. I have tried to think of an analogy that might allow the comparison of the two contracts on this term issue and really the only analogy that I can come up with would be if the City had given sanitary services a contract for a half century or some long period of time like happened with the golf course and let Moe and Sanitary Service set the rates without any put from the city and without any ability of the City to monitor those and to keep the proceeds of those rate increases then I think that might be similar. I don't think that comparison is fair and I don't think that is the case here. I believe that as the Counsel for Sanitary Service that the relationship between the City of Meridian and Sanitary Service has been beneficial to both parties. Although I don't like to hear that term win-win all of the time and from realtors and other people that are in the sales business I am not a salesman but I think truly here this is a win-win situation for the residents of Meridian, the businesses, the Council and for Sanitary Service. I think it is an opportunity for the City to acknowledge the type of work that Mr. Alidjani has done and built the business and sort of give benefit to one of Meridian's own at the same time of providing good collection and refuse disposal service to the citizens: I thank you, any questions? Morrow: Just a comment, Mr. Freeman, the comparison between the contract for here which was 13 years which is longer than the normal for the valley which seems to be a five year contract with a five year option. The comparison that was made by me is that in the feedback from before from the general public is that when this issue was first brought 0 • Meridian City Council May 21, 1996 Page 12 forward there was not an opportunity for a public hearing it wasn't presented in that manner. And what my position is that we are not going to repeat the same mistakes that we made in the past with long term contracts. Because we have such since grown out the original contract that we are dealing with here was a 13 year contract when the industry standard is five with a five year option. At the time it was presented to us before it didn't involve the opportunity for the public to state their case and have some input. That is what we are doing here tonight. That is where we are separating ourselves from what was done in the past. That is what the comparison is. Freeman: I appreciate that Councilman. Any other questions? Rountree: Point of clarification, is it a two, three or five year extension? Freeman: It is a five year extension. The contract expires on its own without the extension in September of 1999, we are requesting five years from that date. So that is until the year September 9, 2004, that is what the request is. Any other questions? Thank you. Corrie: Anybody else from the public that would like to issue testimony? Ken Hedinback, 1683 Goldsmith, was sworn by the City Attorney. Hedinback: I read about this in the paper, Mr. Alidjani is an accessible person. His company has done well I personally and commercially I was a sales manager for Meridian Auto Sales and now I am in Mountain Home, I own my own home here and if I have a problem it is always taken care of. Whether late service which I haven't had it has been number one service all the way through the system. The taxes are paid, I don't' quite know, I have been in front of you people before on the system it is kind of shaky but I am going to tell you in my business I am a salesman, I heard you talk about that, but it is hard to find good service and when you work with service you work with good people. That is why I am here. Corrie: Thank you, Council have any comments or questions? Jim Johnson, 1083 N. Justin Place, was sworn by the City Attorney. Johnson: I am basically here to echo the remarks made by the gentleman before me, I just caught the latter end of what he had to say in consideration of the extension of the contract for Sanitary Service. I think one of the considerations we should have is the amount of gratitude or for lack of a better term what has been put back into the community by the owner and the organization. This is a person running the Sanitary Services and is .aware of the history of the City and can be sensitive to the needs. He is always there at charity 0 • Meridian City Council May 21, 1996 Page 13 functions, at non-profit organizations to donate dumpsters to make sure the trash is picked. up to do the little things that make the community what it is, a nice place to live. In addition to that there are financial considerations that have been brought out I am sure by people before me about making the five year commitment and the impact the five years would have with a lender looking at financing purchase new equipment and that sort of thing. I am just here to say that as a customer both commercially and residentially Sanitary Services I have been pleased with the service and I highly recommend to you as a Council that you extend the contract for five years. Corrie: Thank you Mr. Johnson, any questions of Council? Anybody else from the public that would like to offer testimony tonight? Council, comments? Morrow: Mr. Mayor, I have no further comments for the public hearing, I am prepared to make a motion. Corrie: Alright I will close the public hearing, entertain a motion. Morrow: Mr. Mayor, I would move that we grant Sanitary Services Inc. a five year extension to their contract moving it from September of 1999 to September 2004. Rountree: Second Corrie: Motion made that we extend the contract of Sanitary Services from September 1999 to September 2004 any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Moe, I might add that (inaudible) I got the two that I talked to you about and they were taken care of (inaudible) thank you I appreciate that. ITEM #11: REQUEST FOR HOOK UP TO CITY WATER BY DAVID AND BECCI CARMACK: Corrie: We live over at 1705 West Pine my wife and family and 1, we have lived there since 1983. 1705 is just west of Linder, we are requesting two things tonight, one to be annexed into the City and also to talk about the water. The City boundaries run directly east of our property, right on our east property line and right in front also. If you had maps you would understand. But it right at the concave where the City is sort of closed in around us. We have resisted annexing into the City just simply because we have a well and a septic tank and it works fine until about 10 days ago our well went out and it couldn't be fixed it has to be capped, it is capped. So we need to hook into City water. The second • r MERIDIAN CITY COUNCIL MEETING: MAY 21.1996 APPLICANT: RON VAN AUCKER ITEM NUMBER; 7 REQUEST. PUBLIC HEARING CONTINUED FROM MAY 7,1996: PRELIMINARY PLAT FOR PORKY PARK NO. 1 SUBDIVISION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. f << Roylance & Associates P.A. Engineers *Surveyors • Landplanners 4619 Emerald, Sulle D-2, Boise. Idaho 83706 Telephone (208) 336.7390 Fax (208) 336-7391 MEMORANDUM: TO: Bruce Freckleton Assistant to City Engineer FROM: David H. Roylance, P.E., P.L.S. r\ ROYLANCE AND ASSOCIATES, P.A. DATE: March 11, 1996 RE: PORKY PARK NO. 1 (Preliminary Plat by Ron VanAuker/Franklin-Eagle Joint Venture) As required, this is my written response to your March 7, 1996 memorandum regarding Porky Park No. 1. The following items were concerns listed under the general comments and site specific comments. GENERAL COMMENTS 1. Acknowledged. 2. Acknowledged. 3. The seasonal high groundwater elevation and cross sections will be provided in the street development plans. 4. Restrictive covenants will be provided with the final plat. 5. Acknowledged. 6. See attached letter from Ada County Street Name Committee approving the subdivision name and street names. 7. Acknowledged. 8. See revised preliminary plat for street drainage plan. 9. Completed. zAwordtext116771freckltn.603 Memorandum Bruce Freckleton, Assistant to City Engineer March 11, 1996 n L Page Two �`� � , \:Z, �t) .� SITE SPECIFIC COMMENTS: 1. Acknowledged. 2. Acknowledged. 3. See revised preliminary plat. 4. See revised preliminary plat. 5. See revised preliminary plat. 6. See revised preliminary plat. 7. Acknowledged. 8. Access will be provided from one of the adjacent lots to Lot 2, Block 1. 9. Acknowledged. If you have any questions, please contact me. zAwordtext\1677T reck11n.603 SUBDIVISION EVALUATION SHEET j Proposed Development Name_L'ORKY PARK N0�]_SUg City 114EHlQ1AN Date Reviewed ___0.2/.29/.96 Preliminary Stage .-__XXXXX Final. 1 Engineer/Developer_RoyJ.ance_Eng[....L[3on VanAukeL&-ftar klin-AninLVenture The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. Ihe-tollAwing_existing-sir_aetj3aMes-shaU-appear—onA flat as• " �.�AfiLEBOAD" appm-e-d hv_ , the r—eet_nams_c_ommhtee. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITE. GE CY EP SENTATIVES OR DESIGNEES Ada County Engineer John Priester �� `. Date j Ada Planning Assoc. Terri Rayn _ Date City of Meridian Representative Date --�-T_ Meridian Fire Dept. Representative I NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "fi" nal plat, otherwise the plat will not be signed 1111 _ Sub Index _._ Street Index 314_l.E Q9 Section NUMBERING OF LOTS ANP PI.00KS t 1� �.i SUBDIVISION EVALUATION SHEET j Proposed Development Name_L'ORKY PARK N0�]_SUg City 114EHlQ1AN Date Reviewed ___0.2/.29/.96 Preliminary Stage .-__XXXXX Final. 1 Engineer/Developer_RoyJ.ance_Eng[....L[3on VanAukeL&-ftar klin-AninLVenture The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. Ihe-tollAwing_existing-sir_aetj3aMes-shaU-appear—onA flat as• " �.�AfiLEBOAD" appm-e-d hv_ , the r—eet_nams_c_ommhtee. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITE. GE CY EP SENTATIVES OR DESIGNEES Ada County Engineer John Priester �� `. Date j Ada Planning Assoc. Terri Rayn _ Date City of Meridian Representative Date --�-T_ Meridian Fire Dept. Representative I NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "fi" nal plat, otherwise the plat will not be signed 1111 _ Sub Index _._ Street Index 314_l.E Q9 Section NUMBERING OF LOTS ANP PI.00KS . S Meridian City Council May 7, 1996 Page 67 ITEM #16: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR PORKY PARK NO. 1 SUBDIVISION BY RON VAN AUKER: Corrie: I will open the public hearing and invite the representative. Brad Miller, 3084 East Lanark, was sworn by the City Attorney. Miller: My name is Brad Miller I represent Ron Van Auker. Let me first state that the name will be changed, I have had a number of comments on that, it was not meant to offend anyone. Commissioner Oslund took great offense to it and it was not meant in that way at all. As Dave Roylance stated in the Planning and Zoning meeting that Ron Van Auker has an odd sense of humor and I just think that represents his odd sense of humor, but that will be changed. Morrow: Pardon me for the interruption but I really liked it and I would like to see it stay. Miller: Well I will tell you we have an industrial development in Boise that we call Donkey Park and by the way we do not market our subdivisions by the name of the final plat but anyway. So we can change that if you would like. The development is on the NE corner of Eagle and Franklin, 64 acres, it has previously been annexed and zoned Light Industrial in the back, general commercial in the front. The lot size we are requesting are for 1.5 acres to 10.5 acres in the back. We will have, provide City water and sewer and the roads will be built to ACHD standards. I have a couple of comments on Shari Stiles site specific comments. I will not ask for a waiver of the common lot on the sewer and on the landscaping I just learned that I shouldn't ask for that. So I will ignore those two but on item six of Shari Stiles' comments dated March 11, it says all development within the subdivision is subject to the approval through the conditional use permit process. I would propose that providing we are building or developing buildings that are compatible with the designated zoned and are principle permitted uses I would prefer that we not have to go through the conditional use permit process that it seems to me that is the purpose of zoning is to provide what you can and cannot do within that zoning designated area. I would propose that we not be subject to the conditional use permit in this development. In referring to Bruce Freckleton's comments dated March 6, item 5, he states that, it talks about the sewer main will be extended up Kentfield Way. Then he says the installation of a 12 inch diameter water main will be required along the south frontage of this development. What we would propose to do is to run the water main down Lanark and then come up in a similar area to the sewer to Franklin providing the to and through or complying with the to and through principle and stubbing out the water line at Franklin at Kentfield Way or one or more locations. The way I read this, I am reading it to say that the 12 inch line will be run along the entire frontage, Franklin frontage of the property which is roughly a 1/4 mile. It would seem to me that would be a little bit excessive and we can Meridian City Council May 7, 1996 Page 68 provide the same access to the water line by stubbing it out there at Franklin. The people on the other side of Franklin could access it there. I would also request that since this is a light industrial development that we also request a waiver of the sidewalks on both sides so we could just put it on one side. That concludes my comments, I would be available for questions. Dave Roylance the engineer is also here and available for questions you may have. Bentley: In referring to the P & Z's #8, how will Lot 2 Block 1 be accessed? Miller Good question, what we would do is Mr. Berg do we have the map here the site plan, (inaudible) it would be accessed, there would be a small frontage road running along Lot 1 on the Eagle Road side, not accessing Eagle Road, we would access it from there or either there or coming between Lots 1 and 4 to access Lot #1 and have a common driveway of some sort. Corrie: Any further questions? Anyone else from the public that would like to enter testimony at this time? Pat Nations, 4010 East Franklin Road, was sworn by the City Attorney. Nations: My property borders this subdivision that is going in the industrial, on the east side. At our last meeting at the last time, Mr. Ballantyne made a lot of comments that I totally agreed with and agree with but I have some extra concerns that being as my property is up against this subdivision going in that I am a little concerned with. I have my residence there and also 1 have a horse breeding farm and what I, 1 just, what I would like to do is I am going to read this because 1 am not real good at talking. So if you don't mind Mayor and Councilman I will read what I have here. Some of these issues have already been taken care of. Especially the first one but I am going to read it anyway. I am one of the concerned citizens and residents Mr. Ballantyne referred to in an earlier meeting. I fully support his concerns for the citizens and residents of this community about the aesthetics and qualities of the entryway into our town and Meridian. I also have some additional concerns since my property is adjacent to the Porky Park subdivision and I am may say I do not like the name. It is not offensive, there is just something about it. Anyway, the previous owner Mr. Mayes used to keep the land really groomed nicely because he farmed it all of the time. I did have a real fear last time of fire which we happen to get this year quite badly. But the Mr. Van Auker has taken care of that it has been totally plowed, everything is very nicely done and I am very pleased with that. I thank them for that. What I would like to do is since it is my home and I have my farm with all of my horses there I am asking for some commitments, some written commitments if you please. I am asking that an 8 foot solid barrier wall be built along the entire length of my property. Preferably not wood, because it is easy to break through. But something that can be maintained very Meridian City Council May 7, 1996 Page 69 nicely that is solid. The barrier wall could be made with partly a berm and fence of some sort. I would like this to be 10 to 20 feet which I understand it is going to be anyway with the easement there that they are going to put in, landscaping, that I understand is going to be done. I just want to be sure a proper fence is put along there that will ensure my privacy and a sound barrier for me against the industrial park that is going in. I would like to request setbacks from the back lot lines sufficient enough to ensure my privacy. I would like to request also and I would like these in written commitments if you please. I would like to have tum out lanes into the subdivision going both directions so that the traffic will not pile up in front of my place so that I have easy access going in and out with my horse trailer and stuff. It is getting pretty crowded now with Eagle and the road there like it is with the new things going in. I would like to see, there needs to be a noise restriction so as not to disturb by brood mares and mares with the babies particularly in the evenings, from evening to mornings. I would like to see no night work, no shift work of loud nature to assure the residents of the single family homes in the area of quiet evenings and good night sleeps. I also would like to know, this is something that I would like to know what is going to happen with the drainage ditches in the back. Some of the people, I do have mine fenced off I have got a hot wire going across it so they don't drink out of it. There are animals that do drink out of it and there is a little wildlife back there, ducks and geese and things like that. We just kind of want to know, or I do anyway I don't know who else does what is going to happen with the drainage ditches, are they going to be left like it is or is it going to be, nothing hazardous being put in it and stuff like that. I just want to be sure it is not going to be contaminated that way. I have no problem with the industrial park being put in there as long as it is looking nice. I do have this written up I would like to present it and have it put in the file. That is all I have to say. Are there any questions? Corrie: Thank you, anybody else from the public that would like to give testimony? Guy Valentine, 2770 East Franklin Road, was sworn by the City Attorney. Valentine: I would also like to say that development is just right off Franklin Road and that I would ask the Mayor and Council members to require conditional use permits for that area because it is a designated entryway corridor to the City of Meridian. It is very highly viewed by visitors, residents. What would be the big rush as far as, we don't have a problem with the development but it is going to be there for years and years to come and if we go ahead and get some guarantee{e rest of our daysen the futuhe also. So So I would t it could be something that we could be proud of for the just ask that we go ahead and require the conditional use process because we would want to have developments on the same level as St. Luke's Meridian. They are very community conscious and they have done a firstclass for. If they are not prepared toput forth t sort of development should be a target for us all to efforts to maintain that type of a standard then I think that there is a problem somewhere. Meridian City Council May 7, 1996 Page 70 That is just about all I have to say. Are there any questions? Corrie: Thank you Mr. Valentine. Anybody else from the public that would like to give testimony? Dave Roylance, 4619 Emerald, Boise, was sworn by the City Attorney. Roylance: Mr. Mayor and City Council, I represent the developer and owner, I also would like to request that you reconsider the requirement for a conditional use permit for each and every building. It just seems too cumbersome, to me it also seems to undo the whole concept of zoning. As I believe that a conditional use permit requires a public hearing for each and every building and if that is true than that just seems like a tremendous burden to put a developer through. If you are concerned about the quality of the project or the building and the landscaping, couldn't that be done with the design review process as part of the building permit and wouldn't that accomplish the same objective? The other thing would be irrigation, I don't think that I read in the requirements that irrigation is pressurized irrigation as part of this proposal, is that a requirement of the City does anybody know? It is, we do then have to submit a formal variance. I think we would seek an appeal for the same reason as stated in the previous application. And I would assume that if we did that it would be supported for the same reasons in the previous applications. We probably will file that variance. That is all I have. Corrie: Questions from Council? Rountree: I have a couple of questions on the preliminary plat. ACHD comments (inaudible) in terms of set back requirements. They are looking at 45 feet from centerline on their facilities and they're requesting 60 feet from centerline at the intersection of Eagle and Franklin. Roylance: I intend to comply with that, I didn't change the plat because it was a given that we will do that. I did meet at their tech review, we did review those requirements and we agreed to do that. We intended to do that at the final plat stage. There were some other things that they required too, an extension of the street and a few other things. I intend to comply with all ACHD requirements. Crookston: Mr. Roylance in regard to the comment I think that Brad Miller made about the extension of the sewer and water but he indicated that he was in discussion with Bruce Freckleton's comments #5 which is a sewer main shown on Kentfield shall be extended to Franklin Road for future extension access. Are you aware that the City requires sewer and water to be extended to the farthest outlying boundary of the property? Meridian City Council May 7, 1996 Page 71 Roylance: Yes I am and I think I would have to, I am not exactly sure of the formula or how you arrive at the to and through, what satisfies that requirement. I am aware of that and (inaudible) satisfy this requirement if I understand the formula. (Inaudible) I think the to and through intent as I understand it (inaudible) which would mean if this property developed (inaudible) therefore it would seem like (inaudible) that would meet the to and through requirement. Further it seems like (inaudible) none of these people would have made a contribution to (inaudible) and that has I think some concerns and I don't know that the developer recoops very well (inaudible) by doing it this way we deliver the (inaudible) Crookston: I don't know that (inaudible) Gary Smith, I just wanted to raise the point the City ordinances do require it to be extended to and through. Roylance (Inaudible) I guess in my opinion extended it to here (inaudible) Crookston: That would have to be gone over with Gary Smith but I think your thinking is to and through does include as far east as your property goes in some fashion. Roylance: (Inaudible) Corrie: Mr. Rountree, did you have any further questions? Any further questions from Council? Any further testimony from the public? Council, discussion? Morrow: I would like to hear some comments from the staff in response to the issues that were raised by Mr. Roylance, Mr. Miller and Ms. Nations Mr. Valentine? Corrie: Do you want to be specific or just general comments to what they had? Morrow: I would just like to hear Shari's general comments and Gary's general comments, probably more on his side from a technical stand point in terms of the issue for the water and the sewer. But Shari in terms of the other issues like screening and fencing and so on and so forth. Stiles: Councilman Morrow, Mayor and Council, in my comments I was probably remiss when I did not address Pat Nations' property as far as having a landscape setback, I do believe that should be required and we should even consider the 8 foot wall. When this property was annexed getting to the pressurized irrigation thing, the property that had just received the variance had been in the City for years and years and years and is not subject to all of the requirements that this development is. When this property was annexed it very specifically stated that they must meet the pressurized irrigation requirement. It also very specifically requires any use on the property will be developed as a commercial and industrial planned development or under the conditional use permit • Meridian City Council May 7, 1996 Page 72 process. These were all things that were accepted by the applicant when they annexed, the property and I don't see any reason to relax those requirements. Do you have any questions, I can get you copies of these findings Morrow: My question is with respect to, in terms of that the conditional use or Stiles: Or they can develop the entire thing as a commercial or industrial planned development which means they would do the whole thing at one time or at least a portion of it at one time. Which would not, so they wouldn't have to do each individual building but. Morrow: As I recall when that annexation was done there were several parts of the annexation is that not correct. Stiles: Yes Morrow: And some of them were specifically exempted from the conditional use process primarily because in the building and leasing of buildings the process takes 30 to 45 days in which case the tenant is long gone because they have no assurance that they can even rent the space. This portion of the annexation was done for either the conditional use or the commercial planned development, is that what you are telling us? Stiles: Yes, this was, this annexation was done, was it all that 70 acres that was done at one time? This included all of the Van Auker annexation, all of that property that was annexed at one time that would even include the technological parcel, it was zoned technological but previously included the school site. It applied to everything they annexed. This was not part of the St. Luke's annexation. Morrow: I understand that. Gary, your response to the water and sewer issues please? Smith: Mr. Mayor and Council members, we've had a policy on these frontage roads to extend the utilities in the roadways that are adjacent to the projects. It is true what the applicant and his engineer have said that as far as benefit to this project is concerned and in this particular case there are opportunities for the water line to loop through this project and connect out Eagle in two locations. The late comers agreement process is available to the applicant for people that would connect to this line at a future date. Either to the south or to the east. We just recently went through another one that you might remember Gemtone Subdivision off of Eagle Road, we are required to install a 12 inch water line on Pine of which they are building half of 12 feet for the length of their subdivision. Once again they have requested a late comers agreement. The internal part of their subdivision can be served by the internal street system that contains water lines but in that particular • Meridian City Council May 7, 1996 Page 73 • case again that water line serves as a loop which is a more reliable system for any, development. Particularly the commercial and industrial developments that have the higher fire flow requirements then the residential. But that has basically been our policy in the past years to get the water lines installed as the streets are constructed or as the developments are in place. Sewer lines, in fact the preliminary plat that I am looking at that we received on the 12th of March shows the water line in Franklin Road from Eagle Road to its east boundary. Sewer line does stub out on Kentfield Way and we felt that was adequate to provide -access to the properties to the south side of Franklin Road. Which would include a portion of the Bews project that you have seen some concept plans on or a concept plan. Does that, did I cover your question Councilman? Morrow: Yes you did. Corrie: No further testimony from the public? Okay, I will close the public hearing. Rountree: I guess my position on this is there are some fairly significant issues that need to be resolved and need to be on the plat. I would like to see them resolved before we take any further action on this. Tolsma: (Inaudible) Come: Is it in agreement with the Council I will re -open the public hearing so you can take testimony on that point if that is your desire. I will have to open the public hearing back up if you are going to be taking any testimony from anybody. Morrow: I don't know that I am taking testimony, what I would like to see here is a list of all of the issues that were not on the plat. We have the technical issues with respect to the sewer and water line, I don't see those issues that there would be testimony on. We have got the requirement that nominally is on plats that requires a landscape separation between a subdivision or change in use which is that would be on the eastern boundary that would need to show on the plat. I think Shari's point is well taken that has been overlooked. So I think those are technical details in terms of the staff getting that put together for the plat. I don't know that there is an issue that would need to be heard for the public. I guess from my perspective is that there are too many issues to make a motion on tonight and get those all incorporated in the motion. Corrie: Counselor? Crookston: I don't see any problem with keeping the public hearing open so that is made a part of the public hearing. Any evidence it is submitted whether it just on the City requirements or anything else. There are no findings required for this, so I don't know it Meridian City Council May 7, 1996 Page 74 is a critical it would be if there were findings required. I see nothing wrong with having the public hearing left open so that whatever is submitted is on the record. That is the Council's decision. Corrie: I think if there was anymore discussion among the Council it would still have to be open to the public. So I guess they can make it either way. Rountree: Well we could move to continue the hearing for the resolution of the issues that have been raised this evening, the technical issues with the city staff. Defer decision on the preliminary plat until our next regularly scheduled meeting which is May 21 st. Morrow: Second Corrie:. Motion made by Mr. Rountree, second by Mr. Morrow, any discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #17: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROXIMATELY 14 ACRES TO I -L FOR OLSON BUSH NO. 2 SUBDIVISION BY R-2 DEVELOPMENT: Corrie: I will open the public hearing. Brad Miller, 3084 East Lanark, was sworn by the City Attorney. Miller: This is a 14 acre subdivision at the end of Lanark that we are proposing to divide into nine lots. We are asking for a light industrial zoning. I have once again we will bring in city sewer and city water and build the roads to ACHD standard. I have three brief comments, number one would be Shari Stiles' item 3 on her March 11 memo referring to the annexation of other lots that are on the streets which are not owned by R-2 development. She specifically refers to Ron Yanke's lots on the south side of East Lanark, I don't have any control over those lots, I don't have any control over the adjoining lot that is owned by Ted Sigmont or the lot on the north side of the street by Ted Centers. I have talked to Mr. Yanke's representative Mike Ford about annexation and he is not opposed to it. I don't know if the way Shari has worded this in her comments if it is a condition of approval or not but I would like to just state that I don't have any control over whether or not they choose to annex their lots into the City. Item #7 on the same memo from Shari Stiles address the requirement that there be a conditional use permit procedure for each procedure for each of these lots. I would ask that this not be a requirement. Once again we are asking for light industrial zoning it is our preference is that if we are building L� MERIDIAN CITY COUNCIL MEETING: MAY 21.1996 APPLICANT: RON VAN AUCKER ITEM NUMBER; 7 REQUEST• PUBLIC HEARING CONTINUED FROM MAY 7,1996: PRELIMINARY PLAT FOR PORKY PARK NO.1 SUBDIVISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: r MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: 111 Materials presented at public meetings shall become property of the City of Meridian. Roylance & Associates P.A. 4619 Emerald, Suite D•2, Boise, Idaho 83706 MEMORANDUM: TO: FROM: DATE: RE: Bruce Freckleton Assistant to City Engineer David H. Roylance, P.E., P.L.S. ROYLANCE AND ASSOCIATES, P.A. March 11, 1996 • Engineers • Surveyors • Landplanners Telephone (208) 336.7390 Fax (208) 336-7391 PORKY PARK NO. 1 (Preliminary Plat by Ron VanAuker/Franklin-Eagle Joint Venture) As required, this is my written response to your March 7, 1996 memorandum regarding Porky Park No. 1. The following items were concerns listed under the general comments and site specific comments. GENERAL COMMENTS 1. Acknowledged. 2. Acknowledged. 3. The seasonal high groundwater elevation. and cross sections will be provided in the street development plans. 4. Restrictive covenants will be provided with the final plat. 5. Acknowledged. 6. See attached letter from Ada County Street Name Committee approving the subdivision name and street names. 7. Acknowledged. t 8. See revised preliminary plat for street drainage plan. �� V`'<��cA �`'"*- ` 9. Completed. zAwordtexA16771freck11n603 Memorandum Bruce Freckleton, Assistant to City Engineer March 11, 1996 Page Two �'� �— j \ CA I SITE SPECIFIC COMMENTS: 1. Acknowledged. 2. Acknowledged. 3. See revised preliminary plat. 4. See revised preliminary plat. 5. See revised preliminary plat. 6. See revised preliminary plat. 7. Acknowledged. 8. Access will be provided from one of the adjacent lots to Lot 2, Block 1. 9. Acknowledged. If you have any questions, please contact me. zAwordtext\ 1677\freckltn.603 Proposed Development Name_LQRKY PARKAp__LS_UB City -MEflIQ19NL_ Date Reviewed ____0.2/.29/96___ Preliminary Stage ..__XXXXX Final Engineer/Developer-RQylance_Engr,J_Hon V-anA.uk.er & Franklin_J-Qht_V_enture The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. Me_ ailo-wing_existing-s.tr_e.et-oames-shalLapRe_aron-the�laLas: EA�GLEROAD" "E.-EBANKLIN ROAD" " AMRK-MEET" "N KE.NIEIELD A -VENUE" ThefollowingjjB-w-street name is_app-toyed-and shaLLaptiear on th�plai as "N" GAUDIANS AVENUE" Please choose another street name for the moatRa�_ terly North/$oath_street and hada it approved12ythp_StreeLneme_.a0Mn iLie_e.__ The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITT E, GE CY EP SENTATIVES OR DESIGNEES Ada County Engineer John Priester Z� � ` 'L. Date Ada Planning Assoc. Terri Rayn� '" `--- Date City of Meridian Representative -- _._._ _ Dater 11�_ Meridian Fire Dept. Representative NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed fill .._ Sub Index Street Index _3N-1.E_Q9__ Section NUMBERING OF LOTS ANn RL_OCKS DK �� 7 win X -u 0 C m ull 0 m EAGLE ROAD X -u 0 C m 0 m 0 • • MERIDIAN CITY COUNCIL MEETING: MAY 7.1996 APPLICANT: RON VAN AUKER ITEM NUMBER; 16 REQUEST; PUBLIC HEARING: PRELIMINARY PLAT FOR PORKY PARK NO, I SUBDIVISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: t IDAHO POWER: P US WEST: ,/ � INTERMOUNTAIN GAS: i Pt BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian Meridian Planning & Zoning Commission March 12, 1996 Page 44 Shearer: April 9th. Hepper: Okay, we have a motion by Commissioner Shearer, and seconded by Commissioner MacCoy to table this request until April 9th, all those in favor? Opposed? MOTION CARRIED: All Yea FIVE MINUTE RECESS ITEM #14: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR PORKY PARK SUBDIVISION NO. 1 BY RON VAN AUKER: Hepper: Is there a representative of the applicant? Dave Roylance, 4619 Emerald, Boise, was sworn by the City Attorney. Roylance: Mr. Chairman and Commission members as mentioned my name is Dave Roylance I am a civil engineer and land planner representing the applicant. This subdivision Porky Park is located at the NE intersection of Eagle and Franklin Road. It contains 19 building lots and has 63.88 acres approximately. We propose central sewer, central water, Ada County Highway District public streets built to their standards. The project is in the City limits and as I understand it is already zoned Light Industrial and General Commercial I think in portions of it. So we believe this is an appropriate use for that zone. Apparently we are already in the City limits. Can I answer any questions other than the name? MacCoy: Do you have any answer for your name? Roylance: Yes sort of, I don't know if it is an answer but Ron Van Auker has kind of an odd sense of humor which I can associate with. I just asked him what do you want to call this we need a name and he looked right at me and said Porky Park and then laughed, I said really and he said yes. I am hoping it is not referring to me but I don't know. Oslund: Does he intend to market it with that name or just to file a plat with that name? Roylance Well he did Donkey Park and he marketed it that way. I guess if that is objectionable to the City, that is the answer I got that is exactly what happened. So, I said we are going to be fielding a lot of questions and a lot of people on why is it called this. I don't know if it is going to be a serious concern or more of a tongue in cheek but it is going to come up a bunch, can't we just give it a name of something else and move on. He said keep it at that. Meridian Planning & Zoning Commission March 12, 1996 Page 45 Oslund: I would appreciate a sense of humor if it wasn't on the gateway to the City. Well personally I can't speak for the City on the whole but me personally I would like to see a better name. I think it kind of flies in the face of what the intention is here and that is to produce quality development and try to improve the quality of the City. With a name like that on the gateway more than a 1/2 mile from a quality development like the hospital there I think it would be great to see the name changed. Roylance: I will take that back to him, it was meant to be disrespectful to the City or anybody it was kind of a joke I think. Shearer: (Inaudible) Roylance: I will talk with him I don't think he is all that hung up on necessarily calling that. If it is objectionable we can understand that and change it. MacCoy: I wish you would take Greg's comments seriously though because his comments are very true. Most of us probably all of us feel that way. Roylance I will do that, I will take that right back to Mr. Van Auker, I am pretty sure that we can get that changed. I, for awhile I went along with it and then I left them on the desk for quite some time with that name on it called and gave him three or four chances to change it. I think he was just busy and didn't take the time to do it. We will take it serious and I will take it up with Mr Van Auker. I am sure that we can get it changed. Oslund: Tell him we laughed at first and (inaudible). Crookston: Just a comment it could be worse. Shearer: Do we have four commercial lots on the corner is that (inaudible). Roylance: I am not exactly sure where the zone changes but as I understand it somewhere along Franklin. I think part of that if not all of that is commercial and I believe as it joins the railroad tracks I believe that is industrial and exactly where the dividing line is I am not sure. Hepper: Have you seen the comments from Shari Stiles and the City Engineer? Roylance: Yes I have, I was just reviewing them again. I don't think we have any problems with any of those requirements. MacCoy: I raised the question about the exit out of your Lot No. 2. Meridian Planning & Zoning Commission March 12, 1996 Page 46 Roylance: We propose providing access to that lot through an easement on one of the adjoining lots. We don't' yet know which one. It has been our experience on these industrial parks that a lot of times one person will come in and buy two lots and the whole problem goes away. I will go to the map, (inaudible) as the property develops and as the users of the building and the foot prints and all of those things are known that is how we tend to take care of that is through an easement for the adjoining lots and there are three to choose from. MacCoy: (Inaudible) otherwise there is no access. Roylance: I think maybe the place to say that would be on the final plat, it might not be resolved assuming we go to final plat and we get approved, it might not be resolved by the time we present the final plat but we can put a note on the plat that access to Lot 2 would be provided by a 30 foot access easement impacting either lot, 3, 4 or 5 or whatever and then I think that would cover it. MacCoy: I would accept that, something has to be on there because you already had a note on No. 4 (inaudible) Roylance: We can take care of that like I said if that is acceptable. Oslund: Has this gone through the ACHD tech review? Roylance: No it is just about to, both of these projects are about to get on their agenda. We think it will (inaudible) preliminary discussions with them prior to preparing this but it has not been to "their tech review yet. Oslund: In those preliminary discussions did they talk at all about the number of accesses on Franklin Road? I am concerned that you have (inaudible) fairly close to the Eagle Road intersection. Roylance: I didn't go myself so I don't know if that was discussed or not. If they deem that to be inappropriate we will just have to change pretty much flat and simple. I think the first one is just east of Eagle Road is probably okay. They might come to the conclusion that the other two are not needed in which case we could call this (Inaudible). Oslund: Once you get the final plat for this, what is the intent in terms of developing, you are going to sell the raw parcels off or are you going to develop similar to. This is a different owner than R-2? Roylance: This is Ron Van Auker and maybe Brad can correct me if I am wrong, but Meridian Planning & Zoning Commission March 12, 1996 Page 47 typically what Mr. Van Auker does, I have done a lot of work with him over the years, he finds a tenants that wants a building and then he builds a building and then leases it to them but he maintains ownership usually and controls it. Oslund: You said that you have no problem with any of Shari's comments including item 6 which would require a conditional use permit? Roylance: Maybe I am looking at the wrong one here. I guess the same comment as before, I don't know necessarily that I am opposed to it. Maybe it is good that you brought that up, again I am questioning, if we propose a building that is a principle permitted use within the zone typically conditional use permit isn't' required. At least that has been my experience. So I would wonder why we would here unless it was a use that was only allowed under a conditional use permit. It would see awkward to come in, it seems to me that is why you have zoning, you say okay here is the zoning, under that zoning as a principle permitted use you are allowed to do these 15 things. If we do those 15 things typically you don't do a conditional use permit. Is that right? Oslund: From my point of view, my concern is that and that is why I asked what is going to happen with these parcels because we lose a little control, we have no way of having somebody come back and to give you an example. If you were to cut this up and create 10 commercial lots and then sell those lots and then all that would be required is a building permit application after that point there is no way to control in a material way. Roylance: Don't you have a design review process? Oslund: It is not going to come back to P & Z though. Shearer: P & Z doesn't get it back staff does. If it comes to P & Z (inaudible). Oslund: The public has no way of testifying about the specific issues that might come up. This one, Porky Park we haven't heard the public speak there may be people here with concerns in a similar way across the road there. That is my concern, I don't know that we can use a conditional use permit in this case. But that is the situation at least I find myself in. Once we sign this off we don't even know who these users are going to be and you say the owner typically retains the land in his ownership (inaudible). Roylance: Typically, he doesn't always do that, but that is typically his style of doing things. It does seem awkward quite frankly to ask for a conditional permit on each and every lot if it is an allowed use in the zone. I want to be cooperative by nature but to me I would have to oppose that. That sounds (inaudible) on the other hand I think you can deal with those issues in a development agreement, I think that is part of this. I haven't Meridian Planning & Zoning Commission March 12, 1996 Page 48 done it myself because I am not an architect I am an engineer I don't get involved that much in the building part of it as far as getting the permits, is there not a design review process when somebody comes in with a building and they want to get a building permit doesn't the building department look at the landscaping requirements, the screening and all of that and you can instruct staff as to what to do as those buildings come through. It would seem to me that you do have the controls already. Crookston: We do have some controls in the building process, if it is an allowed use we don't' have conditional use requirements unless the owner or developer agrees to that. And of course if they wanted to do a planned development than that does require a conditional use permit. Roylance: We are not presenting that and the reason is we don't know the building program yet so we can't go with a planned development. We would rather work with you on the issues. After we hear from the public here if screening is required in certain areas I think we would rather deal with those issues head on and incorporate reasonable things into the development agreement, that would be our desire. Hepper: Any other questions? Thank you, Anyone else wish to comment? Guy Valentine, 2770 East Franklin Road, was sworn by the City Attorney. Valentine: Everything that I said before about Olson Bush development No. 2 1 would like to have my letter entered into the record and my pictures entered into the record. I would like to say that there are a number of people that live across Franklin Road and from this development. If you do not require this developer to have conditional use permits than these people are not going to have a chance to speak where their lives are concerned in the future. If what they propose to do at the time they want to develop these things is okay and kosher than there should be no problem for the hearing for the conditional use permit it should be a nice smooth process. So what I am asking for is to give these folks the guarantees that they deserve and require them on this project to obtain conditional use permits for whatever they intend to do. That is all I have to say, are there any questions? Thank you. Hepper: Thank you, anyone else wish to comment? Pat Nations, 4010 East Franklin Road, was sworn by the City Attorney. Nations: I kind of agree, I do agree with most of Mr. Valentine's concerns. I have a major concern since my property lines the entire length or width of their subdivision. I have a residential home there and I have a horse business there. My concerns are that the noise Meridian Planning & Zoning Commission March 12, 1996 Page 49 and everything is going to be really tremendous for my animals. I have a breeding farm and I would like to, well let's see here, I am also representing Mr. Kenny Ellis who lives down the street and the Carson's that own the property next to me. But my concern is that I would like to propose and ask to have, I am not against the subdivision at all but I want to cushion it against my property and my business. What I would like to do is first of all I would like to request an 8 foot wall from the tracks all the way to the front of my property along the side. That I would like to have between 6 to 8 feet from my property landscaped and with a sprinkler system to take down and cut the weeds and to make it pretty and keep fire from coming there. The reason I am concerned with that is because when Mr. Mayes owned the property next to me he kept it plowed, there were never any weeds, there were weeds but he kept the fire hazard down. Right now the weeds go past the fence, if any of that catches on fire my animals have had it. It is a big concern for me, I may be in County still and they are in City but it is still a concern to me and my animals and my house which is very close to that fenceline too. This fence I would request it to be, it an can bermed partway and then fenced but I would like not to be wood, I would prefer it not to be wood rather. Because I want it to be a safety for my animals, it will have to be maintained and everything if it is wood. So there would have to be a different alternative to that. Let's see, we need tum out lanes into the subdivision so the traffic does not back up into my property or back up to my property in front of the road there where I go into my property. I would like it to go both directions, a tum out lane. I would like it put in the record that I would like setbacks from the back lot lines that will be sufficient enough to ensure my privacy. I also would like to ask that I want the noise restriction so as not to disturb my brood mares and my mares with babies particularly in the evening to the mornings. I would like to sort of put a noise restriction on where the night shift work is of loud nature that is not of loud nature. I also would like to know what the intent is of the drainage ditch in the back that goes along, I don't know what the name of it is but it goes along the back side on our side of the property it is where the railroad tracks are at. A lot of the people, there are not that many of us, but a lot of us their animals drink from that. Our concern is if you stop your subdivision right there which is what it is, what would they put in this ditch that might harm our animals down the road, we don't know. We would want to make sure that it is taken care of so that our animals don't die from the pollution that could go into it. I am not against this subdivision I just want it to be pretty and a nice entryway. It does say a lot for our homes in there and there are a few of us that still have farm homes there. My business is very important to me, I do work for Micron so I have a second source but my horses are very important. I do want to conserve and try to keep anything from really interfering with them. That is all I have to say, do you have any questions? Hepper: Thank you, anyone else? Lyle Bear, 3975 East Franklin Road, was sworn by the City Attorney. 0 • Meridian Planning & Zoning Commission March 12, 1996 Page 50 Bear: I have property just across the south side of the of Mr. Van Auker's. I just want to go on record stating I have no problem with the development going in there. I have lived there about 6 years and it doesn't take a rocket scientist to realize that corridor was going to be developed. My only concern is if Mr. Van Auker was going to develop all of that and maintain ownership I would have no problem because I have seen some of his developments and he does a fine job. My concern is if he sells some of these parcels off what control do you have on what is being put in there. That is all I have. Hepper: Anybody else? I will close the public hearing. Shearer: Mr. Chairman, I move we have the attorney prepare findings of fact and conclusions of law on this project. Crookston: Oh, I would probably like to but this is a plat. (Inaudible) Shearer: I withdraw my motion. Oslund: Mr. Chairman, I make a motion that we table this particular item until the 9th of April pending the comments from ACHD. MacCoy: Second Hepper: Okay we have a motion from Commissioner Oslund and second by Commissioner MacCoy to table this until April 9th, all those in favor? Opposed? MOTION CARRIED: All Yea Shearer: Before we continue on I wonder if we could have Mr. Roylance or one of the owners on these last two projects bring forth their covenants for these that they are going to draw up for these plats for our next meeting so we can review them. (Inaudible) Shearer: Okay they have already been submitted, we will get a copy of them then. Thank you. ITEM 15: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GROUP DAY CARE BY CRYSTAL MARTINEZ: 1 .f Mayor MEMORANDUM: March 7, 1996 To: Mayor, City Council and Planning & Zoning From: Bruce Freckleton, Assistant to City Enginee Re: PORKY PARK NO. 1 SUBDIVISION (Preliminary Plat - By Ron VanAuker / Franklin - Eagle Joint Venture) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: GENERAL COMMENTS: The existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the Preliminary Plat. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 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. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the street development plans. 4. Submit copy of proposed restrictive covenants and/or deed restrictions for our review. Provide 5 foot wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 6. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any necessary corrections to the Preliminary Plat map prior to resubmittal to the City. 7. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. CAWPWIN60\GENERAL\P0RKYPRK.P&Z OFFICIALS HUB OF TREASURE VALLEY COUNCIL MEMBERS WILLIAM G. BERG, 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 C HARLES M. E BRUCE D. STUART, Water Works Supt. GLENN R. BENTLEY 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 KENNETH W. BOWERS, Fire Chief Phone (208) 888-4433 - FAX (208) 887-4813 JIM JOHNSON, Chairman W.L. "BILLGORDON, Police Chief Public Works/Building Department (208) 887-2211 TIM HEPPER WAYNE G.. CROOKSROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor MEMORANDUM: March 7, 1996 To: Mayor, City Council and Planning & Zoning From: Bruce Freckleton, Assistant to City Enginee Re: PORKY PARK NO. 1 SUBDIVISION (Preliminary Plat - By Ron VanAuker / Franklin - Eagle Joint Venture) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: GENERAL COMMENTS: The existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the Preliminary Plat. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 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. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the street development plans. 4. Submit copy of proposed restrictive covenants and/or deed restrictions for our review. Provide 5 foot wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 6. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any necessary corrections to the Preliminary Plat map prior to resubmittal to the City. 7. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. CAWPWIN60\GENERAL\P0RKYPRK.P&Z Mayor, Council and P&Z March 7, 1996 Page 2 8. Submit a master street drainage plan, including the method of disposal & approval from the affected irrigation/drainage district. 9. Respond in writing, to each of the comments contained in this memorandum, and submit with copies of the revised Preliminary Plat Map to the City Clerks Office prior to the scheduled hearing date. SITE SPECIFIC COMMENT Water service to this development shall be from an existing main installed along the westerly side of Eagle Road. All water mains shall be installed, at subdivider's expense. Locations shall be coordinated through the Public Works Department. 3. Sewer service to this development shall be from a main that is currently being designed by Pacific Land Surveyor as part of the "Ronald W. VanAuker, Inc. - Sewer Project" 4. Show, label and dimension, all existing easements and/or right-of-way within or adjacent to the subject parcel, i.e. "Union Pacific Railroad", "Evans Drain", and any other easements of record. 5. The sewer main shown on Kentfield Way shall be extended to Franklin Road for future extension access. Installation of a 12 inch diameter water main will be required along the south frontage of this development. These mains shall be installed, at subdivider's expense. Locations shall be coordinated through the Public Works Department. 6. Installation of an 8 inch diameter sewer main will be required between Lots 6 & 7, Block 4. A 20 foot wide common area Lot needs to be centered over this sewer main. Ownership and maintenance responsibility of the common area Lot shall remain with the owners association. A blanket easement shall be granted to the City of Meridian for the operation and maintenance of the sewer main. An easement shall be required across the easterly side of Lot 1, Block 1 for sewer access to Lot 2, Block 1. 7. 250 watt high pressure sodium street lights will be required at locations designated by the Meridian Public Works Department. All street lights shall be installed, at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 8. How will Lot 2, Block 1 be accessed if direct access to Eagle Road and Franklin Roads is prohibited per note 4 of the Preliminary Plat map. 9. The treatment capacity of the City of Meridian's Wastwater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. C:\WPWIN60\GENERAL\PORKYPRK.P&Z I OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 - FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor TO: Planning & Zoning Commission, Mayor and City Council FROM: Shari Stiles, Planning & Zoning Administrator DATE: March 11, 1996 COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY REOKIVEC) MAR 12 1996 CITY OF MERIDIAN SUBJECT: Preliminary Plat Application for Porky Park No. 1 Subdivision - 19 Lots on 63.81 Acres by Ronald Van Auker and Franklin -Eagle Joint Venture The following comments are given for consideration by P&Z/Council during the application process: A development agreement for this property is required as a condition of this annexation. To date, no agreement has been approved by Council or recorded. This will need to be completed prior to approval of a final plat. All parking areas shall be landscaped and provided with underground sprinkler systems to meet the requirements of 11-2-414. D. 3. Franklin Road and Eagle Road are both designated as entrance corridors to the City of Meridian. Aminimum setback of 35 feet for landscaping is required. This landscaping setback should be provided as a common lot and not incorporated as part of the proposed lots. Provide a detailed landscaping plan for approval with the final plat application. 4. Provide letter of approval from appropriate irrigation district(s) for tiling of existing laterals/drains. Provide permanent non-cornbustible fencing adjacent to Union Pacific Railroad right-of-way prior to obtaining building permits. No encroachment of this right-of-way is permitted. Permanent fencing and a 20 -foot -wide planting strip are required on easterly boundary of property. All development within this subdivision is subject to approval through the conditional use permit process. 7. Streetlights, fire hydrants and street signs are to be in place prior to obtaining building permits on any parcel. 8. Provide letter of approval from Ada County Highway District. A traffic impact study may be required for the entire project and/or as each individual lot is developed. P.S. ST this proposed name be used??? Th ... th... th... that's all, folks! OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY 0 COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA C CITY ENGINEER GLENN R. BENTLEYEE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 8884433 • FAX (208) 887-4813 Public WorksBuildingDepartment (208) 887-2211 Motor Vehicle/Drivaa License (208) 888-4443 JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning St Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: March 5, 1996 TRANSMITTAL DATE: 2/20/96 HEARING DATE:_ 3/12/96 REQUEST: Preliminary Plat for Porky Park No 1 Subdivision BY: Ron Van Auker/Franklin-Eagle Joint Venture LOCATION OF PROPERTY OR PROJECT:North of Franklin Road, East of Eagle Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z JIM SHEARER, P/Z _GREG OSLUND, P/Z _TIM HEPPER, P/Z _BOB CORRIE, MAYOR _RONALD TOLSMA, C/C _CHARLIE ROUNTREE, C/C _WALT MORROW, C/C _GLENN BENTLEY, C/C _,WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT .POLICE DEPARTMENT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NANDA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE RE RK . CITY ATTORNEY CITY ENGINEER CITY PLANNER REcEIvED FEB 2 6 1996 CITY OF MERIDIAN OFFICIALS • • MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) HUB OF TREASURE VALLEY COUNCIL MEMBERS `• ILLIAM G. BERG, JR., City Clerk A Good Place to Live WALT W. MORROW, President �- JANICE L. GASS, City TreasurerRONALD GARY D. SMITH, RE., City Engineer■�`1 OF MERIDIAN R. TOLSMA C HAES M. ENN BRUCE D. STUART, Water Works Supt. CITY G R. B NTLEYEE ` JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. 33 EAST IDAHO U.S. WEST(PRELIM & FINAL PLAT) SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83"2 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief Phone (208) 888-4433 - FAX (208) 887-4813 JIM JOHNSON, Chairman W.L. 'BILL" GORDON, Police Chief Public Works/Building Department (208) 887-2211 TIM HEPPER WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER CITY ATTORNEY L p „Q , 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: March 5, 1996 TRANSMITTAL DATE: 2/20/96 HEARING DATE: 3/12/96 REQUEST: Preliminary Plat for Porky Park No 1 Subdivision BY: Ron Van Auker/Franklin-Eagle Joint Venture LOCATION OF PROPERTY OR PROJECT: North of Franklin Road, East of Eagle 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 h BUILDING DEPARTMENT OTHER: - O- 3 -"9I C2 FIRE DEPARTMENT YOUR CONCISE REMARKS: _POLICE DEPARTMENT CITY ATTORNEY L p „Q , dMrY ENGINEER CITY PLANNER Q L , � l d w .rt 9 w► r2 Era. �¢. x� , ►= �% "qrz A re,e W O V LUR E. a cc 2 2 m CL W G v W Q LL O LL Z 0 • HIM"" H 8V�r "" UU ONYto% 1-11 nr&stnv `Grnrr00 _ x Af fei Al en OO�a Nvlhvl•O �G �p -H 4S a) sk � �e3No k �� n ppppppp Cp en Altry hf:N tp un"u uric �D�Dobo to r a) (1) (13 rc)r_ a7•D r O,— G ens^C — N Ai�p Tekd eT mr—v1p p.4 eT V1 NNNA1A1Afv 7,n$s�prn. 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EL Q L'°o E E aA � n c� m y OJ = 3 �•H �a O W e y F- e$ cw C.):2.5 a �'" 3 Q Q a" E .? 4 W p 'E e o a d dw O ° e 3w° � w N o N �' u � e x°08 O' U W < $ aw �' >+v rL o.0 i UCO w y �i3'3 D o Ina w p' E 5 is ZC eZV0 O O 0 2 O uL O o C< w� y a°, ? U) w � �'S U) �i2w M > 3 y e � � �s 3 e� fA viw E CF 0 Gcnc JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary TO: Roylance and Asssociates David Roylance 4619 Emerald St BYel Plagherjoordinator FROM: K Development Services Division SUBJECT: Preliminary Plat -Porky Park #1 Subdivision Franklin Rd and Eagle Rd REr"IvED AP P 1 F, 199f CITY OF MERIDWY April 11, 1996 On April 10, 1996, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. C. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 April 11, 1996 Page 2 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights -of -Way Trust Find deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission if requested within 15 -days prior to the expiration date. Please contact me at 345-7680, should you have any questions. W411 cc: Development Services Chron John Edney Chuck Rinaldi City of Meridian ADA41OUNTY HIGHWAY G WAY DI TRICT Development Services Division Development Application Report Preliminary Plat - Porky Park Franklin Road and Eagle Road Meridian Porkey Park is a 19 -lot industrial/commercial subdivision on 64 -acres. The site is located at the northeast corner of Franklin Road and Eagle Road. This development is estimated to generate 8,000 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Eagle Road Franklin Road ACHD Commission Date - April 10, 1996 - 7:00 p.m. e � x 6 i r 63, ! a6 , , I-.. I r. ij Y Y z <�y gg§gyp i 1 y{ aft girl :s as , J w ♦ r • : • i i 'n '¢ w i 2� Zm 001 70E M> z LM d 7 <00 aro ow z m zm; <a �a w }r aito 0z d0 I- 0 d O w < • Facts and Findings: • • A. General Information C -G - Existing zoning 63.81 - Acres 19 - Proposed building lots 3,900 - Total lineal feet of proposed public streets (approx) 145 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Franklin Road Principal arterial with no pathway designation Traffic count 10,170 on 6/14/94 2,630 -feet of frontage 80 -feet existing right-of-way 90 to 120 -feet required right-of-way (45 to 60 -feet from ultimate street centerline) Franklin Road is improved with 29 -feet of pavement with no curb, gutter or sidewalk. Eagle Road Principal arterial with a bike route Traffic count 23,385 on 6/14/94 1,050 -feet of frontage 140 to 200 -feet existing right-of-way Comply with ITD for required right-of-way Eagle Road is improved with 5 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 is an existing residence and several outbuildings that are proposed to be removed from the site. The site is bordered by the Union Pacific Railroad on the north, Eagle Road on the west, Franklin Road on the south, and undeveloped land on the east. Staff recommends that a stub street be extended to the east boundary for inter -connectivity with future developments. D. The 2015 Transportation Plan designates Eagle Road as a limited -access roadway. This designation assumes a grade -separated intersection at the section line roads. Depending on the type of interchange chosen varying amounts of right-of-way are required. If the urban interchange is chosen, the right-of-way on Franklin Road will need to be 120 -feet wide from the centerline of Eagle Road to a point 660 -feet to the east and no property access will be allowed. PORKEY.WPD Page 2 • • E. Franklin Road from Eagle Road to Cloverdale Road is listed in the District's current Five Year Work Program as an unfunded project. In accordance with District policy, staff recommends that the applicant be required to provide a $22,355.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 2,630 -feet) prior to issuance of any required permits or District approval of a final plat, whichever occurs first. F. The site has approximately 2,630 -feet of frontage on Franklin Road, qualifying the site for a maximum of three access points to Franklin Road. The applicant is proposing three public roads to Franklin Road. The middle of the three proposed roads is located 1,760 -feet from the centerline of Eagle Road, which matches the location of a proposed road on the south side approved in MCU -1-95 (Bews Development) and is an appropriate location for a traffic signal. The other streets would be required to a maintain an offset of 440 -feet if a signal were installed at the middle road, Kentfield Way. The western road, Gaudians Avenue, is located 840 -feet east of the centerline of Eagle Road and 920 -feet west of the centerline of Kentfield Way. This is an acceptable distance with regard to the grade -separated interchange for Eagle Road. G. As part of the previous review of MCU-1-96/Bews Development on the south side of Franklin Road, a traffic signal has been planned at the intersection of Franklin Road and Kentfield Way. This subdivision, Porky Park, is estimated to generate 32.5 -percent of the traffic using this signal from the side street. Staff recommends that the applicant be required to provide a $27,600 deposit to the Public Rights -of -Way Road Trust Fund for the cost of 32.5 -percent of a traffic signal at a Franklin Road and Kentfield Way prior to issuance of any required permits or District approval of a final plat, whichever occurs first. H. The estimated traffic volumes to be generated by this development require right -turn tapers and left -turn lanes at the three proposed road intersections on Franklin Road. Staff recommends that the applicant provide the right -turn tapers and a continuous center turn lane on Franklin Road instead of three separate turn lanes with 100 -feet of storage and tapers for another 200 -feet. I. Proposed Lot 2, Block 1, has no frontage on a local street. Access to this lot will not be allowed from Franklin Road, due to the planned interchange and the restriction of a maximum of three access points to Franklin Road. Staff recommends that a cross access easement be provided for Lot 2, Block 1, to Lanark Street or Gaudians Avenue, or that the lots be reconfigured to provide local street frontage to the four lots in that corner. J. In accordance with District policy, staff recommends that the applicant be required to construct the streets within the subdivision with curb, gutter, 5 -foot wide concrete sidewalks, and a 41 -foot street section within a 58 -foot right-of-way prior to issuance of any required permits or District approval of a final plat, whichever occurs first. K. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. Staff recommends that the applicant(s) pave the driveway(s) its full required width of 30 to 40 -feet to at least 30 -feet beyond the back of sidewalk. PORKEY. WPD Page 3 • • L. The requested C-3 zoning allows an extremely wide range of commercial and industrial land uses. Based on the stated expectations of the applicant, staff believes that the transportation system will be adequate to accommodate the additional traffic generated by this proposed development if the anticipated road improvements are constructed. However, this presumption could prove to be incorrect if the site is developed for intensive retail land uses or for major employment centers. In the future the District may require caps on peak hour volumes and/or total daily traffic volumes. M. This application was heard by the Meridian Planning and Zoning Commission on March 12, 1996. The following requirements are provided to the City of Meridian as conditions for approval: Site Specific Requirements: 1. Dedicate 60 -feet of right-of-way from the ultimate street centerline of Franklin Road from the centerline of Eagle Road to a point 660 -feet to the east, then taper to 45 -feet abutting the par- cel (5 to 20 additional feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance, with Section 15 of ACHD Ordinance #188. 2. 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 $27,600 deposit to the Public Rights -of -Way Road Trust Fund for the cost of 32.5 - percent of a traffic signal with an Opticom device at Franklin Road and Kentfield Way prior to issuance of any required permits or District approval of a final plat, whichever occurs first. 4. Provide a $22,355.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 2,630 -feet) prior to issuance of any required permits or District approval of a final plat, whichever occurs first. 5. Three public road connections to Franklin Road are approved, located 850 -feet, 1,760 -feet, and 2,240 -feet east of Eagle Road as measured by centerlines. 6. Construct right -turn tapers at the three public road intersections on Franklin Road with a 35 to 1 taper. PORUY. WPD Page 4 7. Widen Franklin Road from Eagle Road to the east boundary of the site to add a center turn lane. Coordinate the design of the roadway widening with the Traffic Services staff. 8. Extend Lanark Street to the east boundary of the site with a temporary easement for a paved turnaround at the site's east boundary, eliminating the knuckle at the intersection of Lanark Street and the eastern north -south road. 9. All internal public streets shall be constructed with curb, gutter, 5 -foot wide concrete sidewalk on both sides and a 41 -foot street section within a 58 -foot right-of-way. 10. Provide a cross access easement for proposed Lot 2, Block 1, to one of the internal public roads or reconfigure the lot. 11. Driveways shall be located a minimum of 50 -feet from any intersection, as measured near edge of driveway to back of curb, except at the signalized intersection at Franklin Road and Kentfield Way where the driveways shall be a minimum of 150 -feet from Franklin Road (near edge to near edge). 12. Driveways shall be a minimum of 30 -feet wide and a maximum of 40 -feet wide, paved a minimum of 30 -feet beyond the back of sidewalk. Shared driveways are encouraged. 13. Restrictions on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. 14. Other than the three access points specifically approved with this application, direct lot or parcel access to Franklin Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the Development Services Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9.00 a.m. on & 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. PORUY. WPD Page 5 2. After Commission actian, any request for reconsideration of feCommission's action shall be made in writing to the Development Services Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to he 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. 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. A right-of-way permit must be obtained from ACHD for any street or utility construction within the public right-of-way. Utility cuts should be combined where practical to limit pavement damage. Utility street cuts in roads paved within the last five years will not be allowed unless approved by the District Commission Contact Construction Services at 345- 7667 (with file number) for details. 5. Submit site drainage plans and calculations for review and appropriate action by ACHD prior to District approval of the final plat or issuance of building permit (or other required permits), whichever occurs first. The proposed drainage system shall retain all storm water on-site and shall conform to the requirements of the city or county having jurisdiction. Public street drainage facilities shall be located in the public right-of-way or in a common lot owned by a homeowners association set aside specifically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage lots and their use restrictions shall be noted on the plat (when applicable). 6. Locate driveways a minimum of 5 -feet from the side lot property lines when driveways are not to be shared with the adjacent property. 7. If sidewalk is to be constructed or is currently abutting the site, construct pedestrian ramps on the corner of all street intersection in compliance with Idaho Code, Section 40-1335. 8. Dedicate up to a 20 -foot x 20 -foot right-of-way triangle (or appropriate curve) to keep street improvements within the public right-of-way at all intersections abutting and/or within the development by means recordation of the final plat or prior to issuance of a building permit (or other required permits), whichever occurs first. 9. Continue existing irrigation and drainage systems across parcel. 10. Continue borrow ditch drainage abutting parcel (culvert may be required). 11. Provide written approval from the appropriate irrigation/drainage district authorizing storm runoff into their system. PORKEY. WPD Page 6 12. If street improvements are required, locate obstructions (utility facilities, irrigation and drainage ditches and appurtenances, etc.) outside of the public right-of-way. Authorization for relocations shall be obtained from the appropriate entity. If determined by the District, existing irrigation facilities may remain in the right-of-way with District review and approval of easements recorded for future relocation at a later date. 13. Locate proposed sign(s) out of the public right-of-way and out of the clear -vision sight - triangle of all street and driveway intersections. 14. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross -street. The stop sign shall be installed when the project street is first accessible to the motoring public. 15. The developer is required to install street name signs at the locations approved by the Ada County Highway District. Purchase street name signs, sign poles, and mounting hardware from ACHD's Traffic Operations Department or an approved outside supplier. The District will not manufacture street signs until a copy of the recorded plat showing the recording data has been provided to Development Services staff. 16. Provide a clear vision sight triangle at all driveway and street intersections. Within this triangle no obstruction higher than 36 -inches above the top of pavement will be allowed, including but not limited to landscaping, berms, fences, walls or shrubs. The triangle shall be defined with the long leg measured 200 -feet to 540 -feet (depending on speed limit) along the centerline of any road; and the short leg measured from the curb line of the road 20 -feet along the centerline of the intersecting driveway or street (see District Policy Figure F7). Provide notes of these restrictions on the plat/site plan and street construction plans. 17. Submit three sets of street construction plans to the District for review and appropriate action. 18. Provide design data for proposed access to public streets for review and appropriate action by ACRD. 19. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 20. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 21. 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. 22. 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. PORKEY. M Page 7 0 • 23. The connection of driveways to the public street system is not allowed without approval of the District. To obtain approval, anyone proposing to construct a driveway is required to contact the Construction Services Division of the District to obtain a proper permit prior to commencing construction per District Policy 7207.9. 24. 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. 25. 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 a waiver/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. PORKEYMPD Page 8 SUBDIVISION EVALUATION SHEET Date Reviewed 02/29/96 Preliminary Stage XXXXX Final • • • :%r1FTiT��Tf�/: •l . . - .112- i1711i1R•�Ri� . MAR - % 113,33 CITY OF MERIDIA!" The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. approved by the street name committee. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITT E,1GE Y P,RtSENTATIVES OR DESIGNEES Ada County Engineer John Nester Z� �— Date Ada Planning Assoc. Terri Rayn `` L Date /qe, City of Meridian Representative _ Date Z T Meridian Fire Dept. Representative NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! _ Sub Index Street Index -3N--l. E.09 Section NUMBERING OF LOTS AND BLOCKS d/K ___> -_ �� C11 "CENTRAL CE DISTRICT HEALTH DEPARTMENT Rezone # L DISTRICT HEALTH DEPARTMENT Environmental Health Division Conditional Use # reliminary Final /Short Plat !'��/' T� /�a�i� 5��/r/off /�D� ❑ I. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. Return to: ❑ Boise ❑ Eagle ❑ Garden city Meridian ❑ Kuna ❑ ACz ❑ 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. ❑ S. 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: ,0 central sewage ❑ community sewage system ❑ community water well ❑ interim sewage -E�3- 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: ,-t!J-central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines 'central water 10. ❑ I I. ❑ 12. ❑ 13. Street Runoff is not to create a mosquito breeding problem. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. 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- 2-7 ® 15. -s'io2�lw� 7z �4rz�CzT�f TAY" Ccl IZ-1ZI t /S' 14'% Date: •Z / Reviewed By: T n !(,. y" Gtto0,Jw��2 ME01SUeE'4erJ" JAZAS r The 7 p Review Sheet (DHD 10/91 rcb, m. 1195 4 2 ai c1 � • CENTRAL DISTRICT 'HEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL • BOISE, ID. 83704 a (208) 375-5211 • FAX: 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORMWATER MANAGEMENT RECONBIENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: .1) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho Regional Office, September 1995. 2) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992. 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT. Ada / Boise County 011ice 707 N. A nstrong P1. Base, ID. 83704 Erniro. Heath 327.7499 Famiy Planhg: 327-7400 Immunitatians: 327.7450 Nutrition: 327.7460 LO/. - Ilea Serving Valley, Elmore, Boise, and Ada Counties WIC Noise - Merlon 1606 Roberts Boise, ID. 83705 Ph. 334.3355 324 Meridian, ID. 83642 Ph. 888.6525 awe county 0mce 520 E. 8th Street N. Mountain Home, ID. 83647 Ph. 587.4407 Elmore County 0111ce of Emrirormenid 11901111 190 S. 4th Street E. Mountain Home, ID. 83647 Ph. 587.9225 vow county ofte P.O. Box 1448 MCC01. 0.83638 Ph. 634.7194 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF 7REASURE VALLEY 10 COUNCIL MEMBER A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN C GLENN R. BENTLEYEE 33 EAST IDAHO MERIDIAN, IDAHO 83642 _ p & Z COMMISSION Phone (208) 888-4433 • FAX(208)887-481 — V- JOHNSON, Chairman Public Works/Building Department (208) 887-2 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER FEB 2 6 1996 GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor NAMPA & t IER1 ,JIAN IRRIGATION DISTRICT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: March 5 1996 TRANSMITTAL DATE:_ 2/20/96 HEARING DATE: 3/12/96 REQUEST: Preliminary Plat for Porky Park No 1 Subdivision BY: Ron Van Auker/Franklin-Eagle Joint Venture LOCATION OF PROPERTY OR PROJECT: North of Franklin Road, East of Eagle 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 REcE�IvF-D GREG OSLUND, P/Z ADA PLANNING ASSOCIATION _TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH m 4g= 1 3 199^ _BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT _RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CITY MERIDIAN 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: Nampa & Meridian Irrigation District's _POLICE DEPARTMENT Evans Drain courses along the north boundary of the CITY ATTORNEY prosect. The right-of-way of the Evans Drain is 60 CITY ENGINEER feet: 30 feet fron the center each way. See Idaho Code CITY PLANNER 42-12nR= The developer must contact John RTGHTs-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. Anderson Bill Henson District, 466-0663 or 345-2431, or at Nampa&eridianZrig ration )val before any encroachment or change o right- of-way occurs. All laterals and waste ways must be protrcte unicipa sur ace drainage must be retained on site. If any drainage leaves the site, Nampa & Meri ian Irrigation District must review drainage plans. It is recommended that irrigation water be made available to all developments within this District This District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. Bill Menson, Assistant Water Superintendent Nampa & Meridian Irrigation District 0 • 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 11 March 1996 Phones: Area Code 208 OFFICE: Nampa 466-7861 David Roylance Boise 343-1884 Roylance & Associates SHOP: Nampa 466-0663 4619 Emerald, Suite D-2 Boise 345-2431 Boise, ID 83706 RE: Land Use Change Application for Porky Park No. 1 Sub Dear Mr. Roylance: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above - referenced development. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent Ronald VanAuker/Franklin-Eagle Joint Venture City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Budding Dep pent (208) 887-2211 Motor Vehicle/Drivers Ljc=w (208) SM -4443 ROBERT D. CORRIE M"w TA;w COUNCIL MEMBER WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Conuni"on, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by:t1> TRANSMITTAL DATE:2/20/96 HEARING DATE: 3/1/96 REQUEST: preliminary Plat for Porky Park No 1 Subdivision BY: Ron Van Auker/Franklin-Eagle Joint Venture LOCATION OF PROPERTY OR PROJECT. JIM JOHNSON, P/Z MACCOY, P/Z `'. MERIDIAN SCHOOL DISTRICT _X-MALCOLM 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 / jfpW T'nwg ./o — 2 CITY ATTORNEY CITY ENGINEER2294 vyi. ,-�,�,� •sa` is P �,�>�,b ��,� CITY PLANNER A1.6 El I F E 8 2 7 19"6 CITY OF IRIDIAN • • Roylance & Associates P.A. Engineers • Surveyors • Landplanners 4619 Emerald, Suite D-2, Boise, Idaho 83706 Telephone (208) 336-7390 Fax (208) 336-7391 MEMORANDUM: REcE'vEQ TO: Bruce Freckleton MAR 12 1996 Assistant to City Engineer CIN OF MERIDIAN FROM: David H. Roylance, P.E., P.L. S. ROYLANCE AND ASSOCIATES, P.A. DATE: March 11, 1996 RE: PORKY PARK NO. 1 (Preliminary Plat by Ron VanAuker/Franklin-Eagle Joint Venture) As required, this is my written response to your March 7, 1996 memorandum regarding Porky Park No. 1. The following items were concerns listed under the general comments and site specific comments. GENERAL COMMENTS 1. Acknowledged. 2. Acknowledged. 3. The seasonal high groundwater elevation. and cross sections will be provided in the street development plans. 4. Restrictive covenants will be provided with the final plat. 5. Acknowledged. 6. See attached letter from Ada County Street Name Committee approving the subdivision name and street names. 7. Acknowledged. 8. See revised preliminary plat for street drainage plan. A,112 9. Completed. A ' zAwordtext\1677TreddtzL603 • . 0 Memorandum Bruce Freckleton, Assistant to City Engineer March 11, 1996 `(� Page Two �� U \:Z j `l G SITE SPECIFIC COMMENTS: 1. Acknowledged. 2. Acknowledged. 3. See revised preliminary plat. 4. See revised preliminary plat. 5. See revised preliminary plat. 6. See revised preliminary plat. 7. Acknowledged. 8. Access will be provided from one of the adjacent lots to Lot 2, Block 1. 9. Acknowledged. If you have any questions, please contact me. zAwardtea3\1677*eddtn.603 SUBDIVISION EVALUATION SHEET Proposed Development Name PORKY PARK NO, 1 SUB City -MERIDIAN Date Reviewed ___02/29L96__ Preliminary Stage .___XXXXY,Final Engineer/Developer_RGylaar-e .Engr. / Ron VanAuker & Franklin Joint Venture The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. I I aTZ no I • i 1• • 1.11" 1- .•• •1 1" • . W -A ► a ;W-3] i \ N ► \ DIVINTj1 aooroved by the street -name committee. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME CO Ada County Engineer Ada Planning Assoc. City of Meridian Meridian Fire Dept. John Priester 01--(-t-1 Terri Rayn4- ` Representative ____._ __._. Representative ATIVES OR DESIGNEES Date Date Date Z (.cJ e 3-1-1� NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed III! _ Sub Index Street Index _-3NJ.E_09 Section NUMBERING OF LOTS AND BLOCKS RECEIVE Apr 11 11:09 1996 porky. ark printed by pnations@pnation age 1 APR 16 1996 CITE' OC MERIDIAN 03/12/9 PORKY PARK SUBDIVISION #1 I am one of those concerned citizens/resident, Mr. Valintine has referred to in his statement to you. I fully support his concerns for the residents and citzens of our community and the Aesthitic qualities of the ENTRYWAY into our town of Meridian. I also have some additional concerns, since my property is adjacent to the PORKY PARK Subdivision. The previous owner (Mr. Mayas) used to keep his land plowed and maintanined very nicely. But last year I had the fear of fire all summer because of the dead grass and weeds that grew very high next to my fence line. This put my animals at high risk for failure of keeping these fields taken care of. My residents happens to be close to this also. Since this property has been annexed to the city, I feel that this fire hazard needs to be cleaned up propertly by the new owners. By the following requests, I can be assured of that happening. I have my residents and a breeding farm business I do intend to protect the best way I can. I am asking for a written commitment for the follow concerns I have. 1. I am asking that an 8 foot solid barrier wall be built along the entire length of my property. Preferably not wood, because it can break thru and will need to be maintained. This can be bermed for part of the barrier height. This barrier needs to be 10 to 20 feet from my property line, landscaped and maintained on a regular basis. Preferably sprinklered to reduce fire hazards and to look attractive. This is needed for my privacy, a sound barrier and for the safety of my animals. 2. We need setbacks from back lot lines, sufficient enough to insure my privacy. 3. We need turnout lanes into your subdivision, going both directions, so the the traffic does not back up in front of my property. 4. There needs to be noise restrictions, so as not to disturb my broodmares and mares with foals, particularily from evening to mornings. 5. No night shift work of "loud" nature, to assure the residents of the single family homes in the area of quit evenings at home, and a good nights sleep. 6. I want to know what the intent is for our drainage ditch that runs along the back of our propertys. Most of us have animals that drink out of that ditch and we want to be assured of the saftey of our animals from any contaminated garbage that might get thrown into it. Patricia A. Nations 4010 E. Franklin Rd. Meridian, Idaho 83642 208-887-1166 Fax (208-887-4932) Apr 11 10:52 1996 porkyrk printed by pnations@pnation•age 1 03/12/96 PORKY PARK SUBDIVISION #1 I am one of those concerned citizens/resident, Mr. Valintine has referred to in his statement to you. I fully support his concerns for the residents and citzens of our community and the Aesthitic qualities of the ENTRYWAY into our town of Meridian. I also have some additional concerns, since my property is adjacent to the PORKY PARK Subdivision. The previous owner (Mr. Mayas) used to keep his land plowed and maintanined very nicely. But last year I had the fear of fire all summer because of the dead grass and weeds that grew very high next to my fence line. This put my animals at high risk for failure of keeping these fields taken care of. My residents happens to be close to this also. Since this property has been annexed to the city, I feel that this fire hazard needs to be cleaned up propertly by the new owners. By the following requests, I can be assured of that happening. I have my residents and a breeding farm business I do intend to protect the best way I can. I am asking for a written commitment for the follow concerns I have. 1. I am asking that an 8 foot solid barrier wall be built along the entire length of my property. Preferably not wood, because it can break thru and will need to be maintained. This can be bermed for part of the barrier height. This barrier needs to be 10 to 20 feet from my property line, landscaped and maintained on a regular basis. Preferably sprinklered to reduce fire hazards and to look attractive. This is needed for my privacy, a sound barrier and for the safety of my animals. 2. We need setbacks from back lot lines, sufficient enough to insure my privacy. 3. We need turnout lanes into your subdivision, going both directions, so the the traffic does not back up in front of my property. 4. There needs to be noise restrictions, so as not to disturb my broodmares and mares with foals, particularily from evening to mornings. 5. No night shift work of "loud" nature, to assure the residents of the single family homes in the area of quit evenings at home, and a good nights sleep. 6. I want to know what the intent is for our drainage ditch that runs along the back of our propertys. Most of us have animals that drink out of that ditch and we want to be assured of the saftey of our animals from any contaminated garbage that might get thrown into it. A01 A- 03/12/96 CITY PORKY PARK SUBDIVISION #1 one of those concerned citizens/resident, Mr. Valintine has referred to i his statement to you. I fully concerns and citzens of our community and the sAesthiticsqualities ofrthe eENTRYWAY tinto our town of Meridian. I also have some additional concerns, since my property is adjacent to the PORKY PARK Subdivision. The previous owner (Mr. Mayas) used to keep his land plowed and maintanined very nicely. But last year I had the fear of fire all summer because of the dead grass and weeds that grew very high next to my fence line. This put my animals at high risk for failure of keeping these fields taken care of. My residents happens to be close to this also. Since this property has been annexed to the city, I feel that this fire hazard needs to be cleaned up propertly by the new owners. By the following requests, I can be assured of that happening. I have my residents and a breeding farm business I do intend to protect the best way I can. I am asking for a written commitment for the follow concerns I have. 1. I am asking that an 8 foot solid barrier wall be built along the entire length of my property. Preferably not wood, because it can break thru and will need to be maintained. This can be bermed for part of the barrier height. This barrier needs to be 10 to 20 feet from my property line, landscaped and maintained on a regular basis. Preferably sprinklered to reduce fire hazards and to look attractive. This is needed for my privacy, a sound barrier and for the safety of my animals. 2. We need setbacks from back lot lines, sufficient enough to insure my privacy. 3. We need turnout lanes into your subdivision, going both directions, so the the traffic does not back up in front of my property. 4. There needs to be noise restrictions, so as not to disturb my broodmares and mares with foals, particularily from evening to mornings. 5. No night shift work of "loud" nature, to assure the residents of the single family homes in the area of quit evenings at home, and a good nights sleep. 6. I want to know what the intent is for our drainage ditch that runs along the back of our propertys. Most of us have animals that drink out of that ditch and we want to be assured of the saftey of our animals from any contaminated garbage that might get thrown into it. Patricia A. Nations 4010 E. Franklin Rd. Meridian, Idaho 83642 208-887-1166 Fax (208-887-4932) RONA?D W. VAN AUK, INC. PHONE (208) 887-7994 / WATTS 1-800-967-3905 May 3, 1996 Mayor and City Council Members c/o Mr. William G. Berg City Of Meridian 33 E. Idaho Avenue Meridian, ID 83642 3084 EAST LANARK MERIDIAN, IDAHO 83642 Re: Porky Park No. 1 Subdivision - To Be Renamed on Final Plat Dear Mr. Mayor and Members of the City Council: M : ,y - 3 IS96 CIT' OF MERIDIAN On May 7, 1996 you will be holding a public hearing on the above referenced preliminary plat and I would like to share a few comments regarding the March 11, 1996 review by Shari Stiles and the March 6, 1996 review by Bruce Freckleton. Beginning with the Shari Stiles memo, I have the following comments: Item 3 - It is our preference that the 35' landscape area not be a separate, common lot and that the maintenance of the landscaping be addressed through the use of C,C&R's. Item 6 - It is our objective to conform to the requirements of the designated zoning and would hope that the development of approved uses within the designated zoning area would not be subject to the conditional use permit process. Final. P.S. item - The name will be changed for the final plat. I have the following comments regarding the Bruce Freckleton memo of March 6, 1996: Item 5 - It would seem to be excessive for a 12 inch water main to be installed along the entire Franklin frontage of the property. In all likelihood we will propose that the water line run from Eagle Road, down the length of the proposed extension of Lanark, then run a line up Kentfield Way and/or St. Gaudins Avenue and stub the line out at Franklin Road for future access by other property owners. We will work with Public Works in the location of lines and we agree with the "to and through" idea, but we are not agreeable to running a 12" line at our expense along the entire south frontage of the property. • Page Two May 3, 1996 Item 6 - We understand and agree to provide a 20' easement between Lots 6 and 7 of Block 4, however we would prefer to locate the sewer main along the northerly or southerly boundary of one of these lots and have the lot owner, through the C,C & R's be required to maintain the easement. Thank you for your consideration of these comments. Sinc rely, Bradley E. Miller 0 6 MERIDIAN PLANNING & ZONING COMMISSION MEETING: APRIL 9.1996 APPLICANT: RON VAN AUKER AGENDA ITEM NUMBER: 3 REQUEST: PRELIMINARY PLAT FOR PORKY PARK SUBDIVISION NO.1 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS SEE ATTACHED COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. ADA RUNTY HIGHWAY DI Development Services Division Development Applicatiom ort Preliminary Plat - Porkey Park Franklin Meridian airvie � F ITE _ C Commercial — Lanark Franklin m 0 0 0 N I8 E =I F a e i Zm 0 ul ma Q>z Op I-- 4'' o <�0 J .0 0w }m z <Y: ZQ; <m :Iai W. LYo 0z d0 0 L < 0 w 1- I` v e e e g HIT f1 g�� 3�• g gip• �� t i t�' !r will", : ;I Facts and 1Pl1lr11'1MrWO. A. 1,050 -feet of frontage 140 to 200 -feet existing right-of-way Comply with ITD for required right-of-way Eagle Road is improved with 5 traffic lanes with no curb, gutter or sidewalk. ne) iewalk. 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 is an existing residence and several outbuildings that are proposed to be removed from the site. The site is bordered by the Union Pacific Railroad on the north, Eagle Road on the west, Franklin Road on the south, and undeveloped land on the east. Staff recommends that a stub street be extended to the east boundary for inter -connectivity with future developments. D. The 2015 Transportation Plan designates Eagle Road as a limited -access roadway. This designation assumes a grade -separated intersection at the section line roads. Depending on the type of interchange chosen varying amounts of right-of-way are required. If the urban interchange is chosen, the right-of-way on Franklin Road will need to be 120 -feet wide from the centerline of Eagle Road to a point 660 -feet to the east and no property access will be allowed. PORKEY.WPD Page 2 0 • E. Franklin Road from Eagle Road to Cloverdale Road is listed in the District's current Five Year Work Program as an unfunded project. In accordance with District policy, staff recommends that the applicant be required to provide a $22,355�0a deposit to the Public " Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide_e nciete sidewalk on Franklin Road abutting the parcel (approximately 2 63,0 -feet) prior to�!ssuai ce of any required permits or District approval of a final plat, -.i I �*hever occurs first. F. The site has approximately 2,630 -feet of frontage on Fr wAd Road, qualifying the site for a maximum of three access points to Franklin Rai Y The applloant is proposing three public roads to Franklin Road. The middle of the three prnwsed.roads is located 1,760 -feet from the centerline of Eagle Road, which matches the road �nie south side approved in MCU -1- 95 (Bews Development) and is an appropriate location for a traffic signal. The other streets would be required to a maintain anoffset of 440 -feet if a signal were installed at the middle road, Kentfield Way. The western road, Giudians Avenue, is located 840 -feet east of the centerline of Eagle Road and 10 U -feet wesi of the centerline of Kentfield Way. This is an acceptable distance,zth.;regar&t a grade -separated interchange for Eagle Road. G. As part of the previous review of MC U-1-96/Bews Development, a traffic signal has been planned at the intersection of Franklin Road and Kentfield Way. This subdivision, Porky Park, is estimated to generate 32.5 -percent of the traffic using this signal from the side street. Staff recommends that the applicant be required to provide a $27,600 deposit to the Public Rights -of -Way Road Trust Fund for the cost of 32.5 -percent of a traffic signal at a Franklin Road and Kentfield Way prior to issuance of any required permits or District approval of a final plat, whichever' occurs first. H. The estimated traffic volumes to be generated by this development require right -turn tapers and left -turn lanes at the three proposed road intersections on Franklin Road. Staff recommends that the applicant provide the right -tum tapers and a continuous center turn lane on Franklin Road instead of three separate turn lanes with 100 -feet of storage and tapers for another 200 -feet. Proposed Lot 2, Block 1, has no frontage on a local street. Access to this lot will not be allowed from Franklin Road, due to the planned interchange and the restriction of a maximum of three access points to Franklin Road. Staff recommends that a cross access easement be provided for Lot 2, Block 1, to Lanark Street or Gaudians Avenue, or that the lots be reconfigured to provide local street frontage to the four lots in that corner. J. In accordance with District policy, staff recommends that the applicant be required to construct the streets within the subdivision with curb, gutter, 5 -foot wide concrete sidewalks, and a 41 -foot street section within a 58 -foot right-of-way prior to issuance of any required permits or District approval of a final plat, whichever occurs first. K. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. Staff recommends that the applicant(s) pave the driveway(s) its full required width of 30 to 40 -feet to at least 30 -feet beyond the back of sidewalk. PORKEYMM Page 3 The following requirements are provided as conditions Site Specific Requirements: 1. Dedicate 60 -feet of right-of-way centerline of Eagle Road to a po cel (5 to 20 additional feet) by n of Franklin Road from the 660 -feet to the east, then taper to 45 -feet abutting the par- of recordation of a final subdivision plat or execution of a buiidi�``permit (or other required permits), will be compensated for this additional right-of-way from i benefit zone. If the owner wishes to be paid for the s � aust� submit a letter of application to the impact fee nd, in accordance, with Section 15 of ACHD Ordinance 2. Comply with requirements.:of ITD for State Highway 55 (Eagle Road) frontage. Submit to the District a letter from'11TD regarding said requirements prior to District approval of the final plat or i'saance of`a building permit (or other required permits), whichever occurs first. Contact Distrc raffic Engineer Gary Moles at 334-8340. 3. Provide a $27,600 (with Opticom device) deposit to the Public Rights -of -Way Road Trust Fund for the cost of 32.5 -percent of a traffic signal at a Franklin Road and Kentfield Way prior to issuance of any required permits or District approval of a final plat, whichever occurs first. 4. Provide a $22,355.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 2,630 -feet) prior to issuance of any required permits or District approval of a final plat, whichever occurs first. a W 7 Three public road connections to Franklin Road are approved, located 850 -feet, 1,760 -feet, and 2,240 -feet east of Eagle Road as measured by centerlines. Construct right -turn tapers at the three public road intersections on Franklin Road with a 35 to 1 taper. Widen Franklin Road from Eagle Road to the east boundary of the site to add a center turn lane. Coordinate the design of the roadway widening with the Traffic Services staff. PORKEY. WPD Page 4 • • S. Extend Lanark Street to the'east boundary of the site with a temporary easement for a paved turnaround at the site's east boundary, eliminating the knuckle at the intersection of Lanark Street and the eastern north -south road. 13. Restrictions on the width; number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. 14. Other thana)le three access.points specifically approved with this application, direct lot or parcel access to Franklin Road is prohibited. Lot access restrictions, as required with this amlicationAall be,,stated on the final plat. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the Development Services Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. 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 shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify 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 PORKEY.WD Page 5 reconsideration will bard by the District Commission at tltext 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. 3. Payment of applicable road impact fees are required prior to building cc #struction in accordance with Ordinance #188, also known as, Highway District Road Impact Fee Ordinance. Nf 4. A right-of-way permit must be obtained from ,& for an y, ,treet or utility construction within the public right -of --way. Utility cuts "shoul" , combined where practical to limit pavement damage. Utility street cuts inroads the the last five years will not be Construction Services at 345- 7667 (with file number) for 5. Submit site drainage plans ands calculationsforr ` eview and appropriate action by ACHD prior to District approval tithe finIa plai'or issuance of building permit (or other required permits), whichever occurs first. The proposed drainage system shall retain all storm water on-site and shall conforimto'the requirements of the city or county having jurisdiction. Public street drainage facilities"shall be located in the public right-of-way or in a common lot owned by a,homeowners association set aside specifically for that use. There shall be no trees, fences, _bushes, sheds, or other valuable amenities placed in said easement. Drainage lots and their use restrictions shall be noted on the plat (when applicable). 6. Locate driveways a minimum of 5 -feet from the side lot property lines when driveways are not to be shared with the adjacent property. 7. If sidewalk is to be constructed or is currently abutting the site, construct pedestrian ramps on the corner of all street intersection in compliance with Idaho Code, Section 40-1335. 8. Dedicate up to a 20 -foot x 20 -foot right-of-way triangle (or appropriate curve) to keep street improvements within the public right-of-way at all intersections abutting and/or within the development by means recordation of the final plat or prior to issuance of a building permit (or other required permits), whichever occurs first. 9. Continue existing irrigation and drainage systems across parcel. 10. Continue borrow ditch drainage abutting parcel (culvert may be required). 11. Provide written approval from the appropriate irrigation/drainage district authorizing storm runoff into their system. 12. If street improvements are required, locate obstructions (utility facilities, irrigation and drainage ditches and appurtenances, etc.) outside of the public right-of-way. Authorization for relocations shall be obtained from the appropriate entity. If determined by the District, POWEY.WPD Page 6 existing irrigation facilites may remain in the right-of-way wAstrict review and approval of easements recorded for future relocation at a later date. 13. Locate proposed sign(s) out of the public right-of-way and out:of the clear -vision sight- triangle of all street and driveway intersections. 14. Install a stop sign on every unsignalized approach of: protect street to an intersection involving a collector or arterial as the cross -street. The stop sign shall be installed when the project street is first accessible to the motoring public. 15. The developer is required to install street mine signs giuhezbcations approved by the Ada County Highway District. Purchase street nam_ a sign, sign poles, and mounting hardware from ACHD's Traffic Operations Ddpartment or an approved outside supplier. The District will not manufacture street signs u4 a copy of the recorded plat showing the recording data has been provided to Developmenf� Services staff 16. Provide a clear vision sight triangle at all driveway and street intersections. Within this triangle no obstruction higher than 36 inches above the top of pavement will be allowed, including but not limited to landscaping, berms, fences, walls or shrubs. The triangle shall be defined with the long leg measured 200 -feet to 540 -feet (depending on speed limit) along the centerline of any road; and the short leg measured from the curb line of the road 20 -feet along the centerline of the intersecting driveway or street (see District Policy Figure 177). Provide notes of these restrictions on the plat/site plan and street construction plans. 17. Submit three,'Oti. of street construction plans to the District for review and appropriate action. 18. Provide design data for proposed access to public streets for review and appropriate action by ACRD. 19. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 20. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 21. 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. 22. 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. 23. The connection of driveways to the public street system is not allowed without approval of the District. To obtain approval, anyone proposing to construct a driveway is required to PORKEYMM Page 7 contact the Constructiaervices Division of the District to An a proper permit prior to commencing construction per District Policy 7207.9. 24. No change in the terms and conditions of this approval 'shall be v; -unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highw+, District. The buden shall be upon the applicant to obtain written confirmation of any ch ang �ftom the Ada County Highway District. 25. Any change by the applicant in the planned use of application, shall require the applicant to,complV= plans, or other regulatory and legal restrictions in successors in interest advises the Highway District the subject property unless a waiver/variance of sa granted pursuant to the law in effect at tho time. the he proper` which is the subject of this ttl all rules, regulations, ordinances, Ac the time the applicant or its of its intent to change the planned use of requirements or other legal relief is change in use is sought. Should you have any ques"tions or comments, please contact the Development Services Division at 345-7662_ PORKEY. WPD Page 8 -6 11 ♦> • Meridian Planning & Zoning Commission April 9, 1996 Page 11 Hepper: Second Johnson: Moved and seconded we table item 2 as well, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED MARCH 12,1996: REQUEST FOR A PRELIMINARY PLAT FOR PORKY PARK SUBDIVISION NO. 1. BY RON VAN AUKER: Johnson: It was tabled according to the minutes to receive comments from ACHD which we now have in our possession. Do you recall whether or not this was a public hearing that was left open or closed? I was not at that meeting. Crookston: It is a public hearing, excuse me it was, I don't recall whether or not we continued that. Johnson: Well we start at page 44 in the minutes if you have those with you. According to the comments on page 50 it was closed at that time. Crookston: My notes indicate that it was closed. Oslund: My notes say that it was closed and that it was tabled pending ACHD comments. Johnson: In that regard then now that you have reviewed ACHD comments what is your discussion what are your comments regarding the requirements as set forth. Is there someone representing the applicant here this evening? Hepper: I guess we need to know if the applicant is willing to abide by these comments of ACHD if they have any problems. Johnson: Sounds logical to me, would the applicant like to address the Commission? Miller: Brad Miller, we met with ACHD and the requirements are fine. Johnson: Site specific as well everything is alright, no problems? Miller: Yes, no problems. Johnson: I have to ask at least three times because sometimes people don't really understand what we are asking. Any comments regarding those ACHD comments from the Commission? What is your pleasure? Meridian Planning & Zoning Commission April 9, 1996 Page 12 nd aroval of the preliminary plat to the Hepper. Mr. Chairman I move that we recomme pp City Council. Oslund: Second Johnson: We have a motion and a second to recommend approval of Porky Park Subdivision No. 1 preliminary plat in the hopes that maybe someday someone will change the name, all those in favor? opposed? MOTION CARRIED: All Yea ITEM #4: TABLED MARCH 12,1996: REQUESTIFOR BAA PRELNEINARY PLAT FOR BALLANTYNE-TROUTNER BUSINESS PARK B Johnson: Checking the minutes here, starting on page 20, we need to determine whether that was closed or open. Crookston: My notes indicate that the public hearing was closed. Johnson: Thank you, and it was tabled for what reason? Crookston: My notes don't reflect that Mr. Chairman. Johnson: On page 30 it indicates it was tabled for receipt of ACHD comments as well. Page 30 of the minutes? Oslund: Who made that motion? Johnson: Malcolm MacCoy made the motion that ,"based on the material that was given to us this evening plus the ACHD material which has not been reviewed and still has to be decided upon that we table this issue until our next meeting which is April 9," and we are here. So what would you like to do? Oslund: Discuss, at least from where I was sitting the prime concern I had related to transportation and ACHD was that intersection the signalized intersection of the proposed 5th Street and Franklin. We did receive ACHD comments where that particular issue was one of many was discussed by ACRD. I think it was in a tech review. I guess, in that tech review ACHD said that the intersection could be either left where it is proposed and the driveway for Hoff Forest Products relocated at the expense of this applicant. Or it could be the cross could be moved to line up with that. I guess the two questions I have to the applicant and one to Mr. James Hoff I believe that is his name, Brian Hoff if he is here, he Meridian Planning & Zoning Commission March 12, 1996 Page 44 Shearer: April 9th. Hepper: Okay, we have a motion by Commissioner Shearer, and seconded by Commissioner MacCoy to table this request until April 9th, all those in favor? Opposed? MOTION CARRIED: All Yea FIVE MINUTE RECESS ITEM #14: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR PORKY PARK SUBDIVISION NO. 1 BY RON VAN AUKER: Hepper: Is there a representative of the applicant? Dave Roylance, 4619 Emerald, Boise, was sworn by the City Attorney. Roylance: Mr. Chairman and Commission members as mentioned my name is Dave Roylance I am a civil engineer and land planner representing the applicant. This subdivision Porky Park is located at the NE intersection of Eagle and Franklin Road. It contains 19 building lots and has 63.88 acres approximately. We propose central sewer, central water, Ada County Highway District public streets built to their standards. The project is in the City limits and as I understand it is already zoned Light Industrial and General Commercial I think in portions of it. So we believe this is an appropriate use for that zone. Apparently we are already in the City limits. Can I answer any questions other than the name? MacCoy: Do you have any answer for your name? Roylance: Yes sort of, I don't know if it is an answer but Ron Van Auker has kind of an odd sense of humor which I can associate with. I just asked him what do you want to call this we need a name and he looked right at me and said Porky Park and then laughed, I said really and he said yes. I am hoping it is not referring to me but I don't know. Oslund: Does he intend to market it with that name or just to file a plat with that name? Roylance Well he did Donkey Park and he marketed it that way. I guess if that is objectionable to the City, that is the answer I got that is exactly what happened. So, I said we are going to be fielding a lot of questions and a lot of people on why is it called this. I don't know if it is going to be a serious concern or more of a tongue in cheek but it is going to come up a bunch, can't we just give it a name of something else and move on. He said keep it at that. Meridian Planning & Zoning Commission March 12, 1996 Page 45 Oslund: I would appreciate a sense of humor if it wasn't on the gateway to the City. Well personally I can't speak for the City on the whole but me personally I would like to see a better name. I think it kind of flies in the face of what the intention is here and that is to produce quality development and try to improve the quality of the City. With a name like that on the gateway more than a 1/2 mile from a quality development like the hospital there I think it would be great to see the name changed. Roylance: I will take that back to him, it was meant to be disrespectful to the City or anybody it was kind of a joke I think: Shearer: (Inaudible) Roylance: I will talk with him I don't think he is all that hung up on necessarily calling that. If it is objectionable we can understand that and change it. MacCoy: I wish you would take Greg's comments seriously though because his comments are very true. Most of us probably all of us feel that way. Roylance I will do that, I will take that right back to Mr. Van Auker, I am pretty sure that we can get that changed. I, for awhile I went along with it and then I left them on the desk for quite some time with that name on it called and gave him three or four chances to change it. I think he was just busy and didn't take the time to do it. We will take it serious and I will take it up with Mr Van Auker. I am sure that we can get it changed. Oslund: Tell him we laughed at first and (inaudible). Crookston: Just a comment it could be worse. Shearer: Do we have four commercial lots on the corner is that (inaudible). Roylance: I am not exactly sure where the zone changes but as I understand it somewhere along Franklin. I think part of that if not all of that is commercial and I believe as it joins the railroad tracks I believe that is industrial and exactly where the dividing line is I am not sure. Hepper: Have you seen the comments from Shari Stiles and the City Engineer? Roylance: Yes I have, I was just reviewing them again. I don't think we have any problems with any of those requirements. MacCoy: I raised the question about the exit out of your Lot No. 2. Meridian Planning & Zoning Commission March 12, 1996 Page 46 Roylance: We propose providing access to that lot through an easement on one of the adjoining lots. We don't' yet know which one. It has been our experience on these industrial parks that a lot of times one person will come in and buy two lots and the whole problem goes away. I will go to the map, (inaudible) as the property develops and as the users of the building and the foot prints and all of those things are known that is how we tend to take care of that is through an easement for the adjoining lots and there are three to choose from. MacCoy: (Inaudible) otherwise there is no access. Roylance: I think maybe the place to say that would be on the final plat, it might not be resolved assuming we go to final plat and we get approved, it might not be resolved by the time we present the final plat but we can put a note on the plat that access to Lot 2 would be provided by a 30 foot access easement impacting either lot, 3, 4 or 5 or whatever and then I think that would cover it. MacCoy: I would accept that, something has to be on there because you already had a note on No. 4 (inaudible) Roylance: We can take care of that like I said if that is acceptable. Oslund: Has this gone through the ACHD tech review? Roylance: No it is just about to, both of these projects are about to get on their agenda. We think it will (inaudible) preliminary discussions with them prior to preparing this but it has not been to their tech review yet. Oslund: In those preliminary discussions did they talk at all about the number of accesses on Franklin Road? I am concerned that you have (inaudible) fairly close to the Eagle Road intersection. Roylance: I didn't go myself so I don't know if that was discussed or not. If they deem that to be inappropriate we will just have to change pretty much flat and simple. I think the first one is just east of Eagle Road is probably okay. They might come to the conclusion that the other two are not needed in which case we could call this (Inaudible). Oslund: Once you get the final plat for this, what is the intent in terms of developing, you are going to sell the raw parcels off or are you going to develop similar to. This is a different owner than R-2? Roylance: This is Ron Van Auker and maybe Brad can correct me if I am wrong, but Meridian Planning & Zoning Commission March 12, 1996 Page 47 typically what Mr. Van Auker does, I have done a lot of work with him over the years, he finds a tenants that wants a building and then he builds a building and then leases it to them but he maintains ownership usually and controls it. Oslund: You said that you have no.problem with any of Shari's comments including item 6 which would require a conditional use permit? Roylance: Maybe I am looking at the wrong one here. I guess the same comment as before, I don't know necessarily that I am opposed to it. Maybe it is good that you brought that up, again I am questioning, if we propose a building that is a principle permitted use within the zone typically conditional use permit isn't' required. At least that has been my experience. So I would wonder why we would here unless it was a use that was only allowed under a conditional use permit. It would see awkward to come in, it seems to me that is why you have zoning, you say okay here is the zoning, under that zoning as a principle permitted use you are allowed to do these 15 things. If we do those 15 things typically you don't do a conditional use permit. Is that right? Oslund: From my point of view, my concern is that and that is why I asked what is going to happen with these parcels because we lose a little control, we have no way of having somebody come back and to give you an example. If you were to cut this up and create 10 commercial lots and then sell those lots and then all that would be required is a building permit application after that point there is no way to control in a material way. Roylance: Don't you have a design review process? Oslund: It is not going to come back to P & Z though. Shearer: P & Z doesn't get it back staff does. If it comes to P & Z (inaudible). Oslund: The public has no way of testifying about the specific issues that might come up. This one, Porky Park we haven't heard the public speak there may be people here with concerns in a similar way across the road there. That is my concern, I don't know that we can use a conditional use permit in this case. But that is the situation at least I find myself in. Once we sign this off we don't even know who these users are going to be and you say the owner typically retains the land in his ownership (inaudible). Roylance: Typically, he doesn't always do that, but that is typically his style of doing things. It does seem awkward quite frankly to ask for a conditional permit on each and every lot if it is an allowed use in the zone. I want to be cooperative by nature but to me I would have to oppose that. That sounds (inaudible) on the other hand I think you can deal with those issues in a development agreement, I think that is part of this. I haven't Meridian Planning & Zoning Commission March 12, 1996 Page 48 done it myself because I am not an architect I am an engineer I don't get involved that much in the building part of it as far as getting the permits, is there not a design review process when somebody comes in with a building and they want to get a building permit doesn't the building department look at the landscaping requirements, the screening and all of that and you can instruct staff as to what to do as those buildings come through. It would seem to me that you do have the controls already. Crookston: We do have some controls in the building process, if it is an allowed use we don't' have conditional use requirements unless the owner or developer agrees to that. And of course if they wanted to do a planned development than that does require a conditional use permit. Roylance: We are not presenting that and the reason is we don't know the building program yet so we can't go with a planned development. We would rather work with you on the issues. After we hear from the public here if screening is required in certain areas I think we would rather deal with those issues head on and incorporate reasonable things into the development agreement, that would be our desire. Hepper: Any other questions? Thank you, Anyone else wish to comment? Guy Valentine, 2770 East Franklin Road, was sworn by the City Attorney. Valentine: Everything that I said before about Olson Bush development No. 2 1 would like to have my letter entered into the record and my pictures entered into the record. I would like to say that there are a number of people that live across Franklin Road and from this development. If you do not require this developer to have conditional use permits than these people are not going to have a chance to speak where their lives are concerned in the future. If what they propose to do at the time they want to develop these things is okay and kosher than there should be no problem for the hearing for the conditional use permit it should be a nice smooth process. So what I am asking for is to give these folks the guarantees that they deserve and require them on this project to obtain conditional use permits for whatever they intend to do. That is all I have to say, are there any questions? Thank you. Hepper: Thank you, anyone else wish to comment? Pat Nations, 4010 East Franklin Road, was sworn by the City Attorney. Nations: I kind of agree, I do agree with most of Mr. Valentine's concerns. I have a major concern since my property lines the entire length or width of their subdivision. I have a residential home there and I have a horse business there. My concerns are that the noise Meridian Planning & Zoning Commission March 12, 1996 Page 49 and everything is going to be really tremendous foamy animals. I have a breeding farm and I would like to, well let's see here, I am also representing Mr. Kenny Ellis who lives down the street and the Carson's that own the property next to me. But my concern is that I would like to propose and ask to have, I am not against the subdivision at all but 1 want to cushion it against my property and my business. What I would like to do is first of all I would like to request an 8 foot wall from the tracks all the way to the front of my property along the side. That I would like to have between 6 to 8 feet from my property landscaped and with a sprinkler system to take down and cut the weeds and to make it pretty and keep fire from coming there: The reason I am concerned with that is because when Mr. Mayes owned the property next to me he kept it plowed, there were never any weeds, there were weeds but he kept the fire hazard down. Right now the weeds go past the fence, if any of that catches on fire my animals have had it. It is a big concern for me, I may be in County still and they are in City but it is still a concern to me and my animals and my house which is very close to that fenceline too. This fence I would request it to be, it an can bermed partway and then fenced but I would like not to be wood, I would prefer it not to be wood rather. Because I want it to be a safety for my animals, it will have to be maintained and everything if it is wood. So there would have to be a different alternative to that. Let's see, we need tum out lanes into the subdivision so the traffic does not back up into my property or back up to my property in front of the road there where I go into my property. I would like it to go both directions, a turn out lane. I would like it put in the record that I would like setbacks from the back lot lines that will be sufficient enough to ensure my privacy. 1 also would like to ask that I want the noise restriction so as not to disturb my brood mares and my mares with babies particularly in the evening to the mornings. 1 would like to sort of put a noise restriction on where the night shift work is of loud nature that is not of loud nature. I also would like to know what the intent is of the drainage ditch in the back that goes along, I don't know what the name of it is but it goes along the back side on our side of the property it is where the railroad tracks are at. A lot of the people, there are not that many of us, but a lot of us their animals drink from that. Our concern is if you stop your subdivision right there which is what it is, what would they put in this ditch that might harm our animals down the road, we don't know. We would want to make sure that it is taken care of so that our animals don't die from the pollution that could go into it. I am not against this subdivision I just want it to be pretty and a nice entryway. It does say a lot for our homes in there and there are a few of us that still have farm homes there. My business is very important to me, I do work for Micron so I have a second source but my horses are very.important. I do want to conserve and try to keep anything from really interfering with them. That is all I have to say, do you have any questions? Hepper: Thank you, anyone else? Lyle Bear, 3975 East Franklin Road, was sworn by the City Attorney. Meridian Planning & Zoning Commission March 12, 1996 Page 50 Bear: I have property just across the south side of the of Mr. Van Auker's. I just want to go on record stating I have no problem with the development going in there. I have lived there about 6 years and it doesn't take a rocket scientist to realize that corridor was going to be developed. My only concern is if Mr. Van Auker was going to develop all of that and maintain ownership I would have no problem because I have seen some of his developments and he does a fine job. My concern is if he sells some of these parcels off what control do you have on what is being put in there. That is all I have. Hepper: Anybody else? I will close the public hearing. Shearer: Mr. Chairman, I move we have the attorney prepare findings of fact and conclusions of law on this project. Crookston: Oh, I would probably like to but this is a plat. (Inaudible) Shearer: I withdraw my motion. Oslund: Mr. Chairman, I make a motion that we table this particular item until the 9th of April pending the comments from ACHD. MacCoy: Second Hepper: Okay we have a motion from Commissioner Oslund and second by Commissioner MacCoy to table this until April 9th, all those in favor? Opposed? MOTION CARRIED: All Yea Shearer: Before we continue on I wonder if we could have Mr. Roylance or one of the owners on these last two projects bring forth their covenants for these that they are going to draw up for these plats for our next meeting so we can review them. (Inaudible) Shearer: Okay they have already been submitted, we will get a copy of them then. Thank you. ITEM 15: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GROUP DAY CARE BY CRYSTAL MARTINEZ: # 0 MERIDIAN PLANNING & ZONING COMMISSION MEETING: MARCH 12.1996 APPLICANT: RON, VAN AUKER AGENDA ITEM NUMBER: 14 REQUEST: REQUEST FOR A PRELIMINARY PLAT FOR PORKY PARK NO.1 SUBDIVISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: j MERIDIAN SCHOOL DISTRICT: ' A MERIDIAN POST OFFICE: Q ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: ovp IDAHO POWER: w% m US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian.