Loading...
Otter Park AZWILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, 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: November 19, 1997 TRANSMITTAL DATE: 11/10/97 HEARING DATE: 11/25/97 REQUEST: Annexation/zoning of 62.06 acres to L -O for City Park & Public Service Facilities BY: City of Meridian LOCATION OF PROPERTY OR PROJECT: West of Meridian Road, North of Ustick Road SE 1/4 of Section 36 TAN. R. IW JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, 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 YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN CHGARLES M. LENN R. B NTLEYEE 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 MALCOLM MACCOY Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP RON MANNING ROBERT D. CORRIE BYRON SMITH 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: November 19, 1997 TRANSMITTAL DATE: 11/10/97 HEARING DATE: 11/25/97 REQUEST: Annexation/zoning of 62.06 acres to L -O for City Park & Public Service Facilities BY: City of Meridian LOCATION OF PROPERTY OR PROJECT: West of Meridian Road, North of Ustick Road SE 1/4 of Section 36 TAN. R. IW JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, 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 YOUR CONCISE REMARKS: 0 0 CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 PROPOSED NAME OF SUBDIVISION: N/A GENERAL LOCATION: West of Meridian Road North of Ustick Road LEGAL DESCRIPTION (ATTACH IF LENGTHY): SE 1/4 of Section 36 TAN. R.1W. B M Ada County Idaho OWNER(S) OF RECORD: City of Meridian PHONE: 8884433 ADDRESS: 33 East Idaho, Meridian, Idaho 83642 APPLICANT: Same as above ADDRESS: Same as above ENGINEER, SURVEYOR OR PLANNER: Civil Survey Consultants PHONE: 888-4312 ADDRESS: 1530 W. State Avenue Meridian ID 83642 TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): Agricultural/Park ACRES OF LAND IN PROPOSED ANNEXATION: 62.06 PRESENT LAND USE: Residential and Aguicultural Production PROPOSED LAND USE: City Park and Public Service Facilities PRESENT ZONING DISTRICT: RT - Ada County PROPOSED ZONING DISTRICT: L -O `*`','J,Rtt�tilittlTfff�t/f'',f ^- CN: William G. Berg, Jr. or S Meridian City Clerk NA 'fifflfttft /it11���\ 9 s Name, address and phone number of applicant: City of Meridian 33 East Idaho Meridian, ID 83642 (208) 888-4433 2. Name, address, and phone number of owner of subject property and proof of title of said owner (warranty deed): Owner same as above - Warranty deed attached. Notarized request for zoning amendment from titled owner, successor of said owner, valid title option holder, or contract purchaser with consent from the titled owner if not requested by titled owner: The City of Meridian requests this annexation and zoning as indicated by the notarized signature of the City Clerk below. 4. Legal description of property including all adjoining rights-of-way, railroads, roadways, highways and easements the full length of the property which is signed and stamped by a land surveyor registered in the State of Idaho: Attached. 5. Description of present land use: An existing home is on a portion of the property, and the remainder is in agricultural production. 6. Description of proposed land use: The property will be developed as a City park with associated facilities and will be the site for a new water reservoir. 7. Present zoning district and jurisdiction: The property is currently zoned RT in Ada County. 8. Proposed zoning district: The zone proposed for the property is L -O within the City of Meridian. 0 0 9. A statement describing the characteristics of the subject property which make the zoning amendment desirable. The City desires annexation of the subject property to allow development to be under the City's jurisdiction and save money on land use application and building permit fees that would otherwise go to Ada County. 10. A statement outlining the necessity or desirability of development pertaining to the zoning amendment and its harmony with adjacent development. The Comprehensive Plan indicates this and the surrounding area would be single-family residential. The proposed uses will complement all existing and proposed future land use. Adjacent uses include some residential properties on acreages and agricultural production. 12. One (1) map of scale of one (1) inch equals one hundred (100) feet of the property concerning the zoning amendment: Attached. 13. Thirty (30) copies of a vicinity map of a scale of one (1) inch equals three hundred (300) feet: Attached. 14. A list of the mailing addresses of all property owners, from authentic tax records of Ada County, who are within three hundred (300) feet of the external boundaries of the land being considered, and all property owners included within the boundaries of the property being considered. Attached. 15. A fee established by the Council: N/A 16. The City of Meridian will post the property one (1) week before the public hearing. 17. The Applicant has read the contents of this application and verifies that the information contained herein is true and correct. William G. Berg, Jr. Meridian City Clerk 0 STATE OF IDAHO ) County of Ada ss. On this __J_ day of /tdde-m 6P/ , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR., known to me to be the City Clerk of the City of Meridian, whose name is subscribed to the within instrument, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, day and year in,,this_certificate first above written. Qin^I�,, � tp /1soft . L SEAL pS A R.,;.':: ejeoN♦ the 1 1-1.41665 .IIs/1111 PIONEER TITLE COMPANY I OF ADA COUNTY 821 West State Street / Boise, Idaho 83702 (208) 336-6700 888 North Cole Road / Boise, Idaho 83704 (208) 377-2700 .i U U L BOISE ID PIONNA TM2 196 AP11 Pfd ` 1 FEE �— — ` i RECOGC' ::.T TH:. ^EQUEST OF SPACE ABOVE FOR tc1-'1—VKU1NU ve+.r. `�viA%G�GMM�GlIA%a?lwl�>���1��1�1t.�1D��pAlAc.:Q>� t��.!Ot.),l't1.A�>QAiI CI 1ll�?l1I>�At�CI�!4�%11���"f�.dGdC1:A�di1�.�:!i.� WARRANTY DEED s' (INDIVIDUAL) FOR VALUE RECEIVED JOHN V. OTTER and JUNE S. OTTER, CO—TRUSTEES OF THE JOHN V. OTTER AND JUNE OTTER TRUST, UNDER TRUST AGREEMENT DATED OCTOBER 8, 1991 GRANTOR(s) does (do) hereby GRANT, BARGAIN, SELL and CONVEY unto CITY OF MERIDIAN, IDAHO, a Municipal corporation GRANTEE(S), whose current address is: 33 East Idaho, Meridian, Idaho 83642 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: SEE LEGAL DESCRIPTION EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF AND CONSISTING OF ONE (1) PAGE. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantees(s) heirs and assigns forever. And the said Grantor(s) does (do) hereby covenant to and with the said Grantee(s), the Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this 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: April 1, 1996 &a ✓ � ��/ OHN V. OTTER, TRUSTEE 1UNE S. OTTER, TRUSTEE ACKNOWLEDGMENT - Fiduciary/Official STATE OF IDAHO , County of Ada , ss. ,.. 1 1.11,,,,/ e ' Op> flus":.���,t;'�' .day of April in the year of 1996 before me `the'itndeYsin+6d a notary public, p&sbnaklq. appearqkF, JOHN V. OTTER and JUNE S. OTTER l tidi*34r. identified 3o me to be the person whose name is subscribed to the within instrument as rttg C :C.- and acknowledged to me that they executed the same as such s yc ,PtYA tee, %hef+ff, etc.) -Irus'g� _. �?C)iustee;'sbe'riff, etc.) Notary Publi Residing at:o4 ISE, ID C Commission expires: P EXHIBIT "A" A parcel of land being a portion of the West 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 36, Township 4 North, Range 1 West, Boise Meridian; Ada County, Idaho; more particularly described as follows: Beginning at an Aluminum Cap marking the Southeast corner of Section 36, T. 4 N., R. 1 W. B.M.; thence, along the south line of said Section 36, also being the centerline of Ustick Road, N 89020'51" W 1996.65 feet to a point marking the Southeast corner of the West 1/2 of the Southwest 1/4 of the Southeast 1/4 of said Section 36; thence, leaving said section line, and along the east line of the West 1/2 of the Southwest 1/4 of the Southeast 1/4 of said Section 36, N 0032133" E 25.00 feet to an Iron Pin on the north right-of-way line of said Ustick Road, also being the REAL POINT OF BEGINNING; thence, leaving said east line, and along said north right-of- way line, N 89020151" W 68.13 feet to an Iron Pin; thence, leaving said north right-of-way line, N 0047144" E 416.52 feet to an Iron Pin; thence, N 1024108" E 886.62 feet to an Iron Pin on the south 1/16 section line of said Section 36; thence, along said south 1/16 section line, S 89015145" E 52.99 feet to an Iron Pin marking the Northeast Corner of the West 1/2 of the Southwest 1/4 of the Southeast 1/4 of said Section 36; thence, leaving said south 1/16 section line, and along the east line of the West 1/2 of the Southwest 1/4 of the Southeast 1/4 of said Section 36, S 0032133" W 1302.98 feet to the REAL POINT OF BEGINNING; said parcel contains 1.86 acres, more or less; said parcel, also being subject to any easements of record or in use. Q5070396 0 PIONEER TITLE ••l �, r: t n n 1 'S5 �Er 27 Pin , it fEc��O , WARRANTY DEED ftci .:s___ r , _ _ ",. T GF FOR VALUE RECEIVED, JOHN V. OTTER and JUNE S. OTTER, Co - Trustees of the JOHN V. and JUNE S. OTTER TRUST under Trust Agreement dated October 8, 1991, , husband and wife, husband and wife, of the City of Boise, County of Ada, State of Idaho, the Grantors, do hereby grant, bargain, sell and convey unto CITY OF MERIDIAN, IDAHO, a MUNICIPAL CORPORATION, the Grantee, whose current address is: 33 East Idaho, Meridian, Idaho 83642, the following described premises, in Ada County, State of Idaho, to - wit: (See Exhibit "A" attached hereto and specifically incorporated herein.) TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its heirs and assigns forever. And the said Grantors do hereby covenant to and with the said Grantee, that they are the owners in fee simple of said premises, and that they are free from all encumbrances, except those listed in the title policy, and that they will warrant and defend the same from all lawful claims whatsoever. Sellers warrants to Buyer that they are unaware of, and have no reason to be aware of, hazardous wastes, petroleum product discharge or groundwater contamination (all hereafter referred to as waste) upon the property, and Sellers acknowledge that Buyer is relying upon this representation. That it is agreed that if any hazardous wastes, petroleum product discharge or groundwater contamination are found upon the property after the date of this document, Sellers shall have the obligation to remedy such waste problem if it is shown that the waste was on the property prior to the date of this document and Buyer shall have the obligation to remedy such waste problem if it is shown that the waste was put on the property on or after the date of this agreement. 44� DATED: This Zi day of September, 1995. WARRANTY DEED 102 JJOHN V. O'T'TER, Trustee of the OHN V. and JUNE S. OTTER TRUST dated October 8, 1991 t� E S. OTTER, Trustee of the OHN V. and JUNE S. OTTER TRUST dated October 8, 1991 - ealto&4w Mppr&lev isy , STATE OF IDAHO ) ss. County of Ada ) On this 264 day of September, 1995, before me, the undersigned, a Notary Public in and for said state, personally appeared JOHN V. OTTER and JUNE S. OTTER, husband and wife, known to me to be the Trustees of the JOHN V. and JUNE S. OTTER TRUST, and known to me to be the persons who executed this instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NVy Public for Idaho R ding at Boise, Idaho My Commission Expires: -C-/-7-179 WARRANTY DEED EXHIBIT "A" PARCEL 1: TIM BAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (EI/2SW 1/4SE1/4) OF SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST, B.M.; PARCEL 2: THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SEI/4SE1/4) OF SECTION 36, TOWNSHIP 4 NORTH, RANGE I WEST, B.M., EXCEPTING THEREFROM THE FOLLOWING PARCEL SOLD TO M.A. REGAN: BEGINNING AT A STONE SET 13Y C.C. STEVENSON, COUNTY SURVEYOR, AT THE NORTHEAST CORNER OF THE SB1/4SE1/4 OF SAID SECTION 36, RUNNING THENCE WEST A DISTANCE OF 743 FEET. THENCE SOUTH A DISTANCE OF 201 FEET, THENCE EAST A DISTANCE OF 743 FEET, THENCE NORTH A DISTANCE OF 201 FEET TO THE PLACE OF BEGINNING. PARCEL 3: m F.n. A TRACT OF LAND SITUATED IN THE SE1/4 SEIA OF SECTION 36. TOWNSHIP 4 NORTH, RANGE i WEST, B.M. (BEING A PORTION OF THE EXCEPTED PARCEL REFERRED TO IN THE DESCRIPTION OF PARCEL 2 ABOVE), MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH BOUNDARY OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE1/4SE1/4) OF SECTION 36, TOWNSHIP 4 NORTH. RANGE 1 WEST, B.M., FROM WHICH THE NORTHEAST CORNER OF THE SAID SE1/4SE1/4, A STONE, BEARS NORTH 89 DEGREES 53' EAST 460 FEET DISTANT; THENCE SOUTH 99 DEGREES 53' WEST. 283 FEET ALONG THE NORTH BOUNDARY OF THE SAID SEI/4SE1/4; THENCE SOUTH PARALLEL WITH THE EAST BOUNDARY OF SAID SECTION 36, A DISTANCE OF 201 FEET; THENCE NORTH 89 DEGREES 53' BAST, 283 FEET PARALLEL WITH THE NORTH BOUNDARY OF THE SAID SEI/48E1/4; THENCE NORTH, PARALLEL WITH THE EAST BOUNDARY OF SAID SECTION 36, A DISTANCE OF 201 FEET TO THE PLACE OF BEGINNING. ExCEPT FROM SAID PARCEL 2 THAT PORTION CONVEYED TO ADA COUNTY HIGHWAY DISTRICT FOR PUBLIC RIGHT -OF -WAX BY DEED RECORDED UNDER INSTRUMENT NO. 9127819. AND EXCEPT ANY OTHER PORTION OF SAID PARCELS 1, 7 AND 3 LYING WTTHIN THE RIGHT-OF-WAY FOR MERIDIAN AND USTICK ROADS. END OF LEGAL DESCRIPTION ANNEXATION DESCRIPTION FOR THE CITY OF MERIDIAN PARK SITE AT MERIDIAN AND USTICK ROADS A parcel located in the SE '/4 of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southeasterly comer of said SE '/4; Thence N 89°20'51" W along the southerly boundary of said SE'/4 a distance of 2064.84 feet to a point; Thence leaving said southerly boundary N 0°39'09" E a distance of 25.00 feet to the POINT OF BEGINNING; Thence N 0°47'45" E a distance of 416.52 feet to a point; Thence N 1°24'08" E a distance of 886.62 feet to a point; Thence S 89015'46" E a distance of 1596.30 feet to a point; Thence S 0°50' 15" W a distance of 200.59 feet to a point; Thence S 89°12'23" E a distance of 435.18 feet to a point on the westerly right-of-way of Meridian Road; , Thence S 0°50' 15" W along said westerly right-of-way a distance of 1074.05 feet to a point; Thence S 45°44'43" W a distance of 35.40 feet to a point on the northerly right-of-way of Ustick Road; Thence N 89°20'51" W a distance of 2014.93 feet to the POINT OF BEGINNING. AND ALSO: A parcel located in the SE %4 of Section 36, Township 4 North Range 1 West, Boise Meridian; the SW'/4 of Section 30, Township 4 North, Range 1 East, Boise Meridian; the NW %4 of Section 6, Township 3 North, Range 1 East, Boise Meridian; and the NE '/4 of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being those portions of Meridian Road and Ustick Road, more particularly described as follows: Commencing at the southeasterly comer of said NE'/4 of Section 1; Thence N 0°16'00" E along the easterly boundary of said NE'/4 a distance of 1724.96 feet to the POINT OF BEGINNING. Thence N 89°20'51" W a distance of 30.00 feet to a point on the westerly right-of-way of SAID Meridian Road; Thence N 0°16' 16" E along said right-of-way a distance of 883.32 feet to a point; Thence N 44°32'46" W a distance of 35.47 feet to a point on the southerly right-of-way of said Ustick road; Thence leaving said southerly right-of-way N 0°39'09" E a distance of 25.00 feet to a point on the southerly boundary of said SE i/4 of Section 36; Thence N 89°20'51" W along said southerly boundary a distance of 2010.01 feet to a point; Thence leaving said southerly boundary N 0°39'09" E a distance of 25.00 feet to a point on the northerly right-of-way of said Ustick Road; Thence S 89°20'51" E along said southerly right-of-way a distance of 2014.93 feet to a point; Thence N 45°44'43" E a distance of 35.40 feet to a point on the westerly right-of-way of said Meridian Road; Thence N 0'50'15" E a distance of 1074.05 feet to a point; Thence leaving said westerly right-of-way S 89°12'23" E a distance of 25.00 feet to a point on the westerly boundary of said SW'/4 of Section 30; Thence S 0050'15" W along said westerly boundary a distance of 1078.79 feet to a point; Thence leaving said westerly boundary S 89°09'45" E a distance of 25.00 feet to a point; Thence S 44°22'41" E a distance of 28.18 feet to a point; Thence S 0°24'06" W a distance of 25.00 feet to a point on the northerly boundary of said NW K of Section 6; Thence S 89°35'54" E along said northerly boundary a distance of 14.87 feet to a point; Thence S 0°24'06" W a distance of 25.00 feet to a point; Thence S 56°40'25" W a distance of 36.02 feet to a point on the easterly right-of-way of said Meridian Road; • 0 Thence S 0°16' 16" W a distance of 888.45 feet to a point; Thence leaving said easterly right-of-way N 89°20'51" W a distance of 30.00 feet to the POINT OF BEGINNING. These parcels contain a combined total of 62.06 acres and are subjects to any easements existing or in use. This description was prepared from record information provided by the City of Meridian. No field survey has been performed. Civil Survey Consultants is not responsible for any discrepancies a field survey might disclose. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated November 3, 1997 (For qW e Teopfe of Idaho STATE TAX COMMISSION 800 Park Blvd. Plaza IV • Boise. ID 83722 March 19,1998 Will Berg, City Clerk City of Meridian 33 E Idaho Meridian, Id 83642 Subject Ordinance #783 Dear: Mr. Berg: MAR 2 3 19198 CITY or- r -..q1 DAN The Tax Commission has received and reviewed the above referenced action. This review cannot be completed because it does not comply with legal description and mapping requirements. • Map and legal depict Sec 30 T4NR1E, Sec 30 is one (1) mile north of property being annexed. • Should map and legal reflect Sec 31 T4N1E? The annexation does not meet the requirements of Idaho Code §63-215 or IDAPA 35.01.02.550.08 listed below. The following citations list and define the required actions: Idaho Code §63-215 requires: a. A copy of the legal description designating the boundaries, b. A map, prepared in a draftsman like manner, which plainly and clearly designates the boundaries, and c. Both the legal description and map must be submitted lo the Tax Commission within ten (10) days of the effective date of the annexation. 2. IDAPA §35.01.03.550.02 defines a legal description to be a definite boundary which: a. Is described by metes and bounds, b. Can be mapped on a tax code area map, and c. Includes I. Section, Township, Range, and Meridian, ii. An initial point, iii. A true point of beginning, and iv. A closure accuracy of at least one (1) part in fere thousand (5,000) 3. IDAPA §35.01.03.550.03 defines a map prepared in a draftsmanlike manner as "an original graphic representation or precise copy matching the accompanying legal description and drafted to scale using standard mechanical drawing instruments or a computer.' Before this annexation can be processed for the 1999 tax year, the discrepancies listed need to be corrected. Thank you for your attention to the required legal descriptions and mapping requirements. If you have any questions, please call me at 334-7750. Since",- V Lu lel Vincent -Hixon Technical Support Bureau, Section Manager PC: County Assessor County Clerk Equal Opportunity Employer Hearing Impaired Callers TDD 1-800-377-3529 Pk 98003`f8`i ADA J R-CCRDLR uA`� 11) VA ..nP.R0 B i E IQ '98 JAN/1p5 FEES.�v�DcP ORDINANCE NO. 783 RECORDED iJ T i i E REQ T OF AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: See attached Exhibit "A" for the full legal description. is hereby annexed to the City of Meridian, and shall be zoned L-0, Limited Office; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de - annexation if the owner shall not meet the following requirements: a. That the Applicant for this annexation shall be required to connect to Meridian water and sewer at its expense and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. Otter Park Annex Zon Ord 1 C. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which pertains to pressurized irrigation. d. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. e. That these requirements and conditions of the Findings of Fact and Conclusions of Law and the Ordinances of the City of Meridian be met. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 6th day of ja- n "a rH , 19 9A. S ATTEST: WILLIAM G. BERG, JR.,,;4-- THTY CLERK Otter Park Annex Zon Ord ROBERT D7. 2 STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. '703 , by the City Council and Mayor of the City of Meridian, on the � day of aruz��, 199X, as the same appears in my office. DATED this 6 day of 199,'X, or - ``,r J,��t►tiHt11t111ffitl��f,, G� BEAL s 7 w moi',,'`/A�ttfftf ttN►►���`,```` tratit STATE OF IDAHO,) ss. County of Ada, ) atyylerk, City o M idian Ada County, Idaho On this iv to day of jay.o.o, K , 199B before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN official written. SEAL WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year in this certificate first above Q. : cA - . �OTAR�. U `�G No d�� Q s Otter Park ,"'rl��,, 12-18-97 Otter Park Annex Zon Ord yy Fubiic-tor =a 'ng at Meridian, mmission Expires Idaho 08 Q. ef— � '&� "A" ANNEXATION DESCRIPTION FOR THE CITY OF MERIDIAN PARK SITE AT MERIDIAN AND USTICK ROADS A parcel located in the SE %, of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southeasterly comer of said SE '/.; Thence N 89°20'51" W along the southerly boundary of said SE '/. a distance of 2064.84 feet to a point; Thence leaving said southerly boundary N 0°39'09" E a distance.of 25.00 feet to the POINT OF BEGINNING; Thence N 0°47'45" E a distance of 416.52 feet to a point; Thence N 1'24'08" E a distance of 886.62 feet to a point; Thence S 89015'46" E a distance of 1596.30 feet to a point; Thence S 0°50' 15" W a distance of 200.59 feet to a point; Thence S 89°12'23" E a distance of 435.18 feet to a point on the westerly right-of-way of Meridian Road; . Thence S 0°50' 15" W along said westerly right-of-way a distance of 1074.05 feet to a point; Thence S 45°44'43" W a distance of 35.40 feet to a point on the northerly right-of-way of Ustick Road; Thence N 89°20'51" W a distance of 2014.93 feet to the POINT OF BEGINNING. AND ALSO: A parcel located in the SE '/. of Section 36, Township 4 North Range 1 West, Boise Meridian; the SW'/. of Section 30, Township 4 North, Range 1 East, Boise Meridian; the NW'/. of Section 6, Township 3 North, Range 1 East, Boise Meridian; and the NE '/. of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being those portions of Meridian Road and Ustick Road, more particularly described as follows: Commencing at the southeasterly comer of said NE.'/. of Section 1; Thence N 0°16'00" E along the easterly boundary of said NE '/. a distance of 1724.96 feet to the POINT OF BEGINNING. Thence N 89°20'51" W a distance of 30.00 feet to a point on the westerly right-of-way of SAID Meridian Road; Thence N 0°16' 16" E along said right-of-way a distance of 883.32 feet to a point; Thence N 44°32'46" W a distance of 35.47 feet to a point on the southerly right-of-way of said Ustick road; Thence leaving said southerly right-of-way N 0039'09" E a distance of 25.00 feet to a point on the southerly boundary of said SE %. of Section 36; Thence N 89°20'51" W along said southerly boundary a distance of 2010.01 feet to a point; Thence leaving said southerly boundary N 0°39'09" E a distance of 25.00 feet to a point on the northerly right-of-way of said Ustick Road; Thence S 89°20'51" E along said southerly right-of-way a distance of 2014.93 feet to a point; Thence N 45°44'43" E a distance of 35.40 feet to a point on the westerly right-of-way of said Meridian Road; Thence N 0050'15" E a distance of 1074.05 feet to a point; Thence leaving said westerly right-of-way S 89012'23" E a distance of 25.00 feet to a point on the westerly boundary of said SW'/. of Section 30; Thence S 0°50' 15" W along said westerly boundary a distance of 1078.79 feet to a point; Thence leaving said westerly boundary S 89109'45" E a distance of 25.00 feet to a point; Thence S 44°22'41" E a distance of 28.18 feet to a point; Thence S 0°24'06" W a distance of 25.00 feet to a point on the northerly boundary of said NW '/. of Section 6; Thence S 89°35'54" E along said northerly boundary a distance of 14.87 feet to a point; Thence S 0°24'06" W a distance of 25.00 feet to a point; Thence S 56°40'25" W a distance of 36.02 feet to a point on the easterly right-of-way of said Meridian Road; Tlience S 0016'16" W a distance of 888.45 feet to a point; Thence leaving said easterly right-of-way N 89°20'51" W a distance of 30.00 feet to the POINT OF BEGINNING. These parcels contain a combined total of 62.06 acres and are subjects to any easements existing or in use. S TO ACCOMPANY ANNEXATIC -CCH DESCRIPTIONS FOR THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, LOCATED IN SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST; SECTION 30, TOWNSHIP 4 NORTH, RANGE 1 EAST; SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST; SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN. 0 Iso 300 600 scAU: I•-300* Meridian City Council January 6, 1998 Page 9 Corrie: Motion made and second that we table for January 20"', item #5, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: ORDINANCE #782 — ELVIRA SUBDIVISION ANNEXATION: Corrie: THIS IS AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED A PORTION OF THE LAND IN THE E % OF THE NW % AND THE W % OF THE NE % OF SECTION 7, T.3N, R.1 E, B. M, MERIDIAN, ADA COUNTY, IDAHO AS SHOWN ON THE RECORDS OF THE SURVEY #3832 FILED AS INSTRUMENT NO. 97023999 IN THE RECORDS OF ADA COUNTY IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #782 read in its entirety. Hearing none I will entertain a motion for the Council on Ordinance #782. Bentley: Mr. Mayor, I move we adopt Ordinance #782 with the suspension of rules. Tolsma: Second Come: Motion made and second that we adopt Ordinance #782 with the suspension of rules, roll call vote. ROLL CALL VOTE: Morrow — Yea, Bentley — Yea, Tolsma — Yea, Rountree — Absent MOTION CARRIED: All Yea ITEM #7: ORDINANCE #783 — FUTURE PARK ANNEXATION: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SE % OF THE SECTION 36, T.4N, RAW, B.M. ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #783 read in its entirety? Hearing none, what is the Council's pleasure on Ordinance #783? Bentley: Mr. Mayor, I move we adopt Ordinance #783 with the suspension of rules. Tolsma: Second Corrie: Motion made by Mr. Bentley, second by Mr. Tolsma to accept ordinance #783 with the suspension of rules, roll call vote. ROLL CALL VOTE: Morrow — Yea, Bentley — Yea, Tolsma Yea, Rountree — Absent Meridian City Council January 6, 1998 Page 10 MOTION CARRIED: All Yea ITEM #8: ORDINANCE #784 — WASTE WATER TREATMENT PLANT ANNEXATION: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SE % OF SECTION 34, T.4N, RAW, B.M., ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #784 read in its entirety? Hearing none Council what is your pleasure on Ordinance #784? Bentley: Mr. Mayor, I move we adopt Ordinance #784 with suspension of rules. Tolsma: Second Corrie: Motion made by Mr. Bentley, second by Mr. Tolsma that we accept Ordinance #784 with Suspension of Rules, roll call vote. ROLL CALL VOTE: Morrow — Yea, Bentley — Yea, Rountree — Absent, Tolsma — Yea MOTION CARRIED: All Yea ITEM #9: ORDINANCE #785 — CHANGES TO TITLE 1, CHAPTER 8: Corrie: This deals with the section on nepotism, term of office and removal, the Planning and Zoning Administrator's duties, Parks and Recreation Director's duties. Morrow. Mr. Mayor, this particular ordinance revision was put in our City Council boxes approximately the 16th of December. Historically all ordinances are discussed at strategic planning meetings so that they have a chance to be debated by the entire Council including Mayoral input. This ordinance has not had that option or opportunity. There are several problems with the way that this is structured as I see it. It appears to me that this ought to be removed from the agenda, sent back to strategic planning session and start working its way through the process so that it can be debated and tailored to the current needs. One of the major problems that I see with this particular ordinance is that it is suggesting some change in those department heads who have been appointed and confirmed by City Council. I think with the case of the Waste Water Superintendent and the head of the Water Department those people as memory serves me were appointed and confirmed by past Councils and therefore if in the future those department heads are not going to be appointed and confirmed the two existing department heads ought to in fact have grandfather rights until either they resign or a death occurs or they are terminated by action of the City Council. So I think that is a key provision that needs to be in any kind of revision or change in that particular process and of course none of those things have been discussed. So if there is discussion on NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on December 16, 1997, for the purpose of reviewing and considering the City of Meridian's Application for annexation and zoning of property located in the SE 1/4 of Section 36, T.4N., RAW., B.M., Ada County, Idaho, and which property is generally located at the northwest comer of Meridian and Ustick Roads. The Application requests zoning to L -O for a future park site and public service facilities. The Application is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 26th day of November, 1997. WILLIAM G. BERG, JR., I CLERK PUBLISH November 28 and December 12, 1997 `00jitoll 11#11100 of y SEAL - Coude � '4i,jjllii 4t1It,%% `` OCH TO ACCOMPANY ANNEXATIC* DESCRIPTIONS FOR THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, LOCATED IN SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST; SECTION 30, TOWNSHIP 4 NORTH, RANGE 1 EAST; SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST; SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN. 0 150 300 600 SCALE: 1".300' soma uuuu iul uu a �� �a, - " � vjam NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 5:30 p.m., on November 25, 1997, for the purpose of reviewing and considering the City of Meridian's Application for annexation and zoning of property located in the SE 1/4 of Section 36, TAN., R.1 W., B.M., Ada County, Idaho, and which property is generally located at the northwest corner of Meridian and Ustick Roads. The Application requests zoning to L-0 for a future park site and public service facilities. The Application is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho, 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 5th day of November, 1997. WILLIAM G. BERG, JR., CITY CLERK PUBLISH November 7 and November 21, 1997. r BRAMBLE DENNIS D JR 82 E EASTBROOK CT MERIDIAN ID 83642 SHREEVE BRADLEY C 6 NATALIE 112 E EASTBROOK CT MERIDIAN ID 83642-5572 MICHAELSON BRADLEY J & NOLEEN J 128 E EASTBROOK CT MERIDIAN ID 83642-5572 WHITE PAUL L & JACQUELINE F 156 E EASTBROOK CT MERIDIAN ID 83642-5572 HAWLEY TIMOTHY R 83 E EASTBROOK CT MERIDIAN ID 83642-5571 GALLION RICHARD LYNN 113 E EASTBROOK CT MERIDIAN ID 83642-5572 ROGERS WESLEY C 129 E EASTBROOK CT MERIDIAN ID 83642-5572 CASTILLO J FRANK & LAMBRECHT- DONNA M 157 E EASTBROOK CT MERIDIAN ID 83642-5572 WILLIAMS 17180DORE B & CYNTHIA Y 3080 N MERIDIAN RD ... MERIDIAN ID 83642-5489 GRAY LAWRENCE EUGENE 2980 N MERIDIAN RD MERIDIAN ID 83642-5444 FERN RICHARD J & GLORIA A 2790 N MERIDIAN RD MERIDIAN ID 83642-5444 MCBIRNEY PROPERTY TRUST 1162 BENTOAK IN SAN JOSE CA 95129-3104 KLEIN 1994 REVOCABLE TRUST OTTER JOHN V & JANE CO -TRUSTEE 1335 ORIOLE WAY BOISE ID 83709-1322 KLEIN 1994 REVOCABLE TRUST KLEIN ALFRED R & OPAL I TRSTEE 1335 ORIOLE WAY BOISE ID 83709-1322 • BRINEGAR E E & VIRGINIA 1639 CONANT BURLEY ID 83318 WARD RUBY E 745 W USTICK RD MERIDIAN ID 83642-5478 JACKSON WILLIAM A JR & JACQUELINE G 4655 LEWIS AND CLARK DR MERIDIAN ID 83642-5665 JACKSON WILLIAM A & JACQUELINE 4655 LEWIS AND CLARK DR MERIDIAN ID 83642-5665 BOLES ROBIN L AND BRITT CHRISTINE M 595 W USTICK RD MERIDIAN ID 83642-5425 HATCHETT JAMES F & PATRICIA L 445 W USTICK RD MERIDIAN ID 83642-5425 PALMER DONALD E & WANDA JOAN PO BOX 363 MERIDIAN ID 83680-0363 BARTON JOHN K & LETA J 355 W USTICK RD MERIDIAN ID 83642-5425 PRESBYTERY OF BOISE 4900 N FIVE MILE RD BOISE ID 83713-1826 SWEET RALEIGH G & IDA T 3001 N MERIDIAN RD MERIDIAN ID 83642-5445 SWEET DANIEL F & CELESTE T 2975 N MERIDIAN RD MERIDIAN ID 83642-5445 HOMAN JOHN W & CANDY J AND HOMAN DONALD F & RAE JEAN 2825 N MERIDIAN RD MERIDIAN ID 83642-5445 HOMAN JOHN W & CANDY J 2835 N MERIDIAN RD MERIDIAN ID 83642-5445 A Meridian City Council December 16, 1997 Page 19 back is that we are very supportive and would like to see you press forward as quickly as possible and we'll help in any way that we can. Because it is something that we desperately need both of for our citizens here in Meridian. Thank you ITEM #11: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 62.06 ACRES TO L-0 FOR A CITY PARK AND PUBLIC SERVICE FACILITIES BY CITY OF MERIDIAN — WEST OF MERIDIAN ROAD, NORTH OF USTICK ROAD: Come: At this time I will open the public hearing and the Planning and Zoning I guess will have a presentation. Dean Elhert, 33 East Idaho, Meridian, was sworn by the City Attorney. Elhert: Mr. Mayor and Council this annexation request was at the direction of City Council for future park. The L-0 designation was chosen because it is basically our most restrictive as far as what is permitted in the L-0 district. Morrow. I have no questions. Corrie: Thank you Dean, is there anyone else from the public that would like to issue testimony at this time on the annexation? Hearing none I will close the public hearing, Council, questions or discussion? Bentley: This would apply to both this one and the waste water plant, what is the procedure going to be if the guy next door wants to annex? Morrow. You mean if the adjacent person wants to annex, it would be just like any other annexation he simply makes his application (Inaudible). It is very candidly one of those like anyone else (inaudible) any property adjacent to has the option to request annexation and zoning. Then we do the public hearing process and annex or not annex (inaudible) Bentley: We don't run into a problem legally (inaudible). Morrow. I don't know why you would. Rountree: I really don't' have a comment to respond to that. I would defer that to Council in terms of the specificity for this the specificity of (inaudible). I think for this action in my mind it is for this particular piece of property if in fact somebody comes along and wants annexation because they happen to be adjacent. Just because they ask does not necessarily say it is right on our part. We don't have to annex if we don't feel it is in the City's best interest. I think we can control it that way as well. Corrie: Any further discussion? Meridian City Council December 16, 1997 Page 20 Morrow. Mr. Mayor, I would move that we adopt the findings of fact and conclusions as prepared for us by P & Z... Rountree: Second Corrie: Motion made and seconded that we approve the findings and conclusions of law prepared by the Planning and Zoning, roll call vote. ROLL CALL VOTE: Morrow Yea, Bentley Yea, Rountree Yea, Tolsma - Yea MOTION CARRIED: All Yea Morrow. City Council of the City of Meridian approves the annexation and zoning as stated above in the conclusions for the property described in the application with the conditions set forth in the preliminary findings of fact and conclusions of law. And the applicant be specifically required to meet all of the ordinances of the city of Meridian specifically including the development time requirements and the conditions of these findings of fact and conclusions. That if the conditions are not met that the property be de -annexed. Tolsma: Second Corrie: Motion is made and seconded on the conclusions of the recommendations as read, any discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Morrow. Mr. Mayor, I would move that we instruct the City Attorney to prepare the annexation ordinance. Rountree: Second Come: Motion is made and seconded that the City Attorney prepare the annexation ordinance, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 47.58 ACRES TO I -L FOR A WASTE WATER O TREATMENT ENANADN RELATED FACILITIES BY CITY OF MERIDIAN — WEST ORTH OF USTICK ROAD: Corrie: I will open the public hearing and invite Dean for that. Dean Elhert, 33 East Idaho Avenue, Meridian, was sworn by the City Attorney. • 9 MERIDIAN CITY COUNCIL MEETING: DECEMBER 16.1997 APPLICANT: CITY OF MERIDIAN ITEM NUMBER: 11 REQUEST: PUBLIC HEARING: ANNEXAT1ON/ZONING OF 62.06 ACRES TO L-0 FOR A CITY PARK AND PUBLIC SERVICE FACILITIES AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: COMMENTS P & Z MINUTES FOR 11-25-97 CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS ] CITY BUILDING DEPT: G(� 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: SEE ATTACHED COMMENTS 6 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. 0 9 MERIDIAN PLANNING & ZONING COMMISSION NOVEMBER 25. 1997 The special meeting of the Meridian Planning and Zoning Commission was called to order by Chairman Jim Johnson at 5:30 P.M.: MEMBERS PRESENT: Mark Nelson, Byron Smith, Keith Borup: OTHERS PRESENT: Wayne Crookston, Will Berg, Shari Stiles, Gary Smith, Joe Simunich, Ted Williams, Dennis Bramble, Al Klein: ITEM #1: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 62.06 ACRES TO L-0 FOR A CITY PARK AND PUBLIC SERVICE FACILITIES BY CITY OF MERIDIAN — WEST OF MERIDIAN ROAD, NORTH OF USTICK ROAD: PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING OF 62.06 ACRES TO L-0 FOR A CITY PARK AND PUBLIC SERVICE FACILITIES BY CITY OF MERIDIAN: Johnson: I will now open the public hearing and ask that the City's representative address the Commission at this time. Shari Stiles, 33 East Idaho, Meridian, was sworn by the City Attorney. Stiles: Mr. Chairman and Commissioners this request for annexation is for the city park that is located at the NW corner of Ustick and Meridian Road. The purpose of the annexation is so that we can control how that is developed without going through the County so the City can save the building permit fees that would otherwise go to Ada County. Johnson: Any questions of the applicant? Borup: This is addition to existing City limits somewhere? Stiles: Yes Johnson: Any other questions? This is a public hearing, anyone else wish to testify at this time on the park? Joe Simunich, 955 W. Ustick Road, Meridian, was sworn by the City Attorney. Simunich: Mr. Chairman, I would like to ask you what are the permitted uses under this zoning? Johnson: There are several, it is best we get you a copy of the zoning book so you can read thcse. Those are available through the City Clerk anytime you want to know what limited office means. I don't have those in front of me. Meridian Planning & Zors Commission Special Meeting November 25, 1997 Page 2 Stiles: Mr. Chairman and Commissioners the zone we are requesting is limited office, the only reason we are requesting that zone is because we are still developing a zone that is specifically for parks that would allow only parks or public service facilities in that zone. One thing that we didn't want to happen was for someone to come in and try to do residential development or some commercial development thinking they were going to use some of the city's property. That was the reason for the L-0 zone it was really because we didn't have anything else that fit. Simunich: I noticed now there is well drilling going on I understand there is going to be some kind of a water tank set up there. Stiles: There is a proposal for a 2 million gallon water reservoir at that site and that would be permitted with the design review. Simunich: You have already started that prior to being annexed and zoned. Johnson: They own it. Simunich: I know they own it, I own some property too but I can't do anything I want with it. Stiles: What they are doing on the property now does not require a permit other than through the Department of Water Resources or any action. No other action is required, we don't have to go through the County for that, it is just they are drilling a test well. Simunich: Including the storage tank that is proposed also? Stiles: The storage tank has not been submitted for building plans yet. It is in the design process in this zone once the property is annexed it will be permitted for design and that will go through the City Council. Simunich: One more question, is it a possibility that the race track could move over there, would that be permissible zoning? Stiles: Not at this time no, the race track is a private enterprise as I understand a privately ran business. The City has no plans to put the race track there at this time that I am aware of. It is being purchased, the property is being purchased with park impact fees and I don't believe that would lend itself to allowing something like that to be put there. If you have heard something to that effect it is possible that a rumor has been going around but there are absolutely no plans at this time to relocate the track there. Simunich: Under this zoning that would not be permitted. Meridian Planning & Zo^ Commission Special Meeting November 25, 1997 Page 3 Stiles: That is correct. Simunich: Thank you Johnson: Would anyone else like to testify or ask questions? Ted Williams, 3080 North Meridian Road, Meridian, was sworn by the City Attorney. Williams: My question is I was under the understanding that to annex property it needed to touch another piece of annexed property in the City. Is that true? Johnson: That is true it has to be contiguous. Williams: And this may have already been answered but I didn't understand it. On this map here is it contiguous meaning part of the road? Johnson: Right, it can be across the road, that is the definition. Williams: Is there going to be some areas along the road that are going to be annexed that aren't already annexed? Johnson: If people apply for that. The City of Meridian only responds to applications. Right now we don't have any applications that affect any other property there. Williams: So these areas 1, 6, 30 and 36 are already annexed, the long thin sections? Johnson: I don't know what your numbers refer to. (Inaudible) Williams: So that is talking about the whole section? Johnson: Those are just directions to the section numbers. In other words those four sections come together at that intersection. 36, 30 and 1 and 6 come together. That is just an identification. So it is Township 3N., Section 30 for example. Williams: So I guess I don't see where this annexed property is going to be touching any other city property. That is not important? Johnson: Yes it is important, it is on the map there is it not? Stiles: It is showing a section of the right of way that is being annexed and this is being done at the direction of the City Council., Meridian Planning & Zorit Commission Special Meeting November 25, 1997 Page 4 Johnson: Which is this line (inaudible) into that other piece of land that is already in the City right, is that what you are talking about on the map? Stiles: Yes Johnson: So this is being annexed which is the right of way and this property is already in the City Williams: So the right of way is going to be annexed it is not annexed at this point, that was my question earlier. Johnson: That is part of the legal is it not? Stiles: Yes it is. Williams: What is the dimension of that annex from the centerline of the road out? Johnson: I don't know, do you know Shari? Stiles: It would be between 50 and 90 feet when you get right next to the park site I believe it would be about 25 feet because it is from the Centerline of the road. Williams: So you are saying 25 feet from the centerline of the road? Stiles: Yes Williams: Now how is that going to affect if my property lies in that area how does that affect me as far as taxes? Stiles: Where are you located? Williams: I am located at 3080 N. Meridian Road. Johnson: Where is it on the map? Williams: I am this property right there, just south. Stiles: How many acres do you have there? Williams: An acre and a half. Stiles: Once you are surrounded by the City the City would have the ability to force an annexation if it is 5 acres or under. The City has not done that in the past, it doesn't have immediate plans to do that except in the more densely populated areas of the City Meridian Planning & Zola Commission Special Meeting November 25, 1997 Page 5 that are surrounded. It is a possibility in the future that you could be annexed but that is not the intent at all at this time. Williams: I understand that except part of my property it is my understanding will be annexed. I don't know exactly how much, you are saying 25 feet from the centerline of the road. So a portion of my road frontage will be annexed. Stiles: That is already public right of way and it doesn't belong to those property owners. It is a dedicated public right of way Williams: Okay, so this isn't going above and beyond the right of way that is already there? Stiles: No Williams: Okay, the only other questions I had were also regarding the water tank, are there going to be some future hearings on that? Is the site set? Johnson: This application is just for the zoning it is not for any structures. That will have to be done through permit process. Williams: That is all I had then. Johnson: Anyone else? Any questions by the Commissioners to anyone? Borup: Just some clarification, I think there was reference earlier to an L-0 rather than and IL. The application calls for IL Johnson: Everything on here is L-0, the sewer plant is IL. Borup: I am reading in the findings not in the application. Johnson: Well there are some corrections for the findings when we get to that. I think that is one I have circled. Any further discussion, if not I will close the public hearing. What would you like to do. We do have some preliminary findings prepared already, if you are ready we can talk about those. Let's talk about those. I have a few, just a couple of typographical errors in here to point out. These are really draft copies anyway, on the first page the time of the meeting is wrong. That needs to be corrected to 5:30. On page 2, item 3 there is a typographical the second word of that paragraph is "the". The zoning boiler plate description there is for a different zoning, should be L-0 and that is on page 3, item 12. Borup: It is also mentioned in the top of the page in item 9. Meridian Planning & Zoo Commission Special Meeting November 25, 1997 Page 6 Johnson: This is very minor, it is probably not even an error but the letters are usually capitalized under conclusions and recommendations. It is not very important, that is all I have. Any other discussion'regarding those or any other corrections? Smith: Mr. Chairman, page 5, item 12 references an I -L zone, also page 6, item 13. Johnson: So those all should be changed to L-0 right? Any other corrections or discussion? Wayne we can take these preliminaries can we not and incorporate the testimony given tonight and go ahead with those or do they need to be redrawn? Crookston: You can incorporate the testimony. Johnson: That would be my preference. Smith: Mr. Chairman, I would like to make a motion that we ask the City Attorney to draft final, no. I would like to make a motion that the Meridian Planning and Zoning Commission hereby adopt and approves these findings of fact and conclusions of law with the inclusion of the testimony and corrections noted tonight. Borup: Second Johnson: It is moved and seconded that we approve the findings of fact and conclusions of law as prepared by the City Attorney with the additions and corrections from the testimony this evening, roll call vote. ROLL CALL VOTE: Borup — Yea, Smith — Yea, Nelson - Yea, MacCoy — Absent. MOTION CARRIED: All Yea Johnson: Is there a recommendation you wish to pass onto the City Council at this time? Smith: Mr. Chairman, the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above in the conclusions for the property described in the application with the conditions set forth in the preliminary findings of fact and conclusions of law and that the applicant be specifically required to meet all the ordinances of the City of Meridian specifically including the development time requirements and the conditions of these preliminary findings and conclusions. And that if the conditions are not met that the property be de -annexed. Borup: Second Meridian Planning & Zor* Commission Special Meeting November 25, 1997 Page 7 Johnson: Moved and seconded we pass the recommendation to the City Council as stated by Commissioner Smith, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 47.58 ACRES TO I -L FOR A WASTE WATER TREATMENT PLANT AND RELATED FACILITIES BY CITY OF MERIDIAN — WEST OF TEN MILE ROAD, NORTH OF USTICK ROAD: PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING OF 47.58 ACRES TO I -L FOR A WASTE WATER TREATMENT PLAN AND RELATED FACILITIES BY CITY OF MERIDIAN: Johnson: I will now open the public hearing and invite the applicant's representative to address the Commission. Shari Stiles, 33 East Idaho, Meridian, was sworn by the City Attorney. Stiles: Mr. Chairman and Commissioners this request is for the waste water treatment plant located west of Ten Mile Road and North of Ustick Road. The facilities have been in existence there since I believe the late 1970's. The desire of the City is to have it annexed so we don't have to continue the conditional use process. We have received a conditional use permit for the facilities through Ada County but we have some extensive construction on there and it would be a considerable amount of money saved in building permit fees. Light Industrial is consistent with comprehensive plan and future plans for that property. Johnson: Thank you, any questions of Ms. Stiles? Smith: The construction you referenced is that the expansion of the current facilities? Stiles: They have recently completed I believe the additional clarifier out there and now they are having an additional office building built. I think the dog pound facility they want to expand. They are also going to do some landscaping out there and those are all related to the present construction projects. Borup: And Meridian doesn't want to pay the permit fees to Ada County. Stiles: No Johnson: Any other questions? Is there anyone else here to testify on this application? Seeing no on then I will close the public hearing at this time. We also have preliminary findings of fact and conclusions of law prepared. I have a couple of minor corrections on 0 • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION THE CITY OF MERIDIAN ANNEXATION AND ZONING WEST OF Meridian Road, NORTH OF USTICK ROAD, SE 'I of the SE quarter OF SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on November 25, 1997, at the hour of 5:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for November 25, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the November 25, 1997, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 0 ! approximately 62.06 acres in size; it is in the southeast quarter, Section 36, Township 4 North, Range 1 West, Boise -Meridian, Ada County, Idaho. 3. That the property is presently zoned by the county as RT (Rural Transition) and the proposed use would be for a park site, possible water storage, and other uses; uses that are not specifically permitted or listed in the Districts may be allowed pursuant to Section. 11-2-407 of the Revised and Compiled Ordinances of the City of Meridian. 4. That the City of Meridian desires to annex and zone the property to allow any development to be under the City's jurisdiction. This would save money on land use applications and building permit fees that would otherwise go to Ada County. 5. The general area surrounding the property is used as agricultural land mostly but there are some residences located nearby. 6. That the property is adjacent and abutting to the present City limits. 7. The Applicant is the owner of record of the property and has requested the annexation. 8. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 9. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 10. That the Application requests that the parcel be FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 0 0 annexed and zoned L-0 Limited Office District; that the land has no present use but the land was purchased for the placement of a public park; some agricultural uses have been performed on the ground; that the applicant indicated that the intended use of the property would be to develop the land as a City Park. 11. Shari Stiles, the Meridian Planning and Zoning Administrator, testified that this request was for annexation of the land that was purchased for a city park, that is located at the northwest corner of Ustick Road and Meridian Road. She also stated that the purpose of the annexation was so that the City could control how the land is developed, without going through the Ada County procedures, and so that the City can save Building Permit fees that would otherwise go to Ada County. 12. Joe Simunich testified that he wondered what the permitted uses would be under the proposed zoning, that he noticed there was well drilling going on and he understood that there was going to be some kind of water tank set up there. Ms. Stiles responded that there was a two million gallon water reservoir proposed at that site, and that it would be permitted with Design Review; Ms. Stiles also stated that what the City is doing on the property now does not require a permit, other than through the Department of Water Resources, and that no other action is required and the City does not have to go through the County for any drilling. 13. Ted Williams testified that his question was whether or not the property needed to touch another piece of annexed FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3 property. 14. Commissioner Chairman Johnson testified in response to Mr. Williams's question, that the property does have to be contiguous, but it can be across the road. Mr. Williams further questioned whether or not there were some areas along the road that were going to be annexed that are not already annexed? Chairman Johnson responded that if people apply for annexation it could be annexed. Mr. Williams also questioned that he did not see where this proposed land to be annexed was touching any other City property, and he questioned whether or not that was important. Chairman Johnson responded that it was important, and Planning and Zoning Administrator, Shari Stiles, stated that the right-of-way in Meridian Road was also being annexed and that would make it contiguous. Mr. Williams then questioned the distance of the road -way that was going to be annexed, to which Ms. Stiles testified that it would be between 50 and 90 feet when you get right next to the park site, and she further testified it would be about 25 feet on both sides of the centerline of the road. 15. That the property can be serviced with City water and sewer. 16. Ada County Highway District, the Department of Health, the Nampa Meridian Irrigation District, Settlers Irrigation District, City Engineer, Bureau of Reclamation and City Fire Department may submit comments and such shall be incorporated FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 herein as if set forth in full. 17. That the L-0, Limited Office District, is described in the Zoning Ordinance, 11-2-408 B. 7 as follows: (L -O) Limited Office District - The purpose of the (L-0) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The (L-0) District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer systems of the City of Meridian is a requirement in this district. 18. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. 19. That these Findings of Fact have been prepared prior to hearing and the Commission reserves the right to amend these Findings of Fact after the hearing is conducted. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the 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 Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the Applicant, the City of Meridian, has initiated the annexation application. 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. 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; that the Applicant will be required to FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 connect to Meridian water and sewer. 10. That proper and adequate access to the property is available and will have to be maintained. 11. That since the Applicant's property is in the Linder District of the Comprehensive Plan, the annexation and zoning Application is in conformance with the Comprehensive Plan and does not conflict with the Rural Areas policies. 12. It is concluded that the development is an I -L type use but the land should not be used for light industrial uses, but there is no zone that specifically allows parks to be developed. 13. Therefore, based on the Application, these Preliminary Findings of Fact and Conclusions, and the Ordinances of the City of Meridian, it is ultimately concluded that the Applicant's property should be annexed and zoned I -L, but the property shall be used for a public park and other similar uses; that all representations shall be met; that the conditions should be those stated above and other conditions to be explored at the City Council level; that such annexation would be orderly development and reasonable if the conditions are met. 14. That any requirements from the Nampa Meridian and Settlers Irrigation Districts shall be met as well as any requirements of the Bureau Reclamation and the City Engineer. 15. With compliance of the conditions contained herein, the annexation and zoning would be in the best interest of the City of Meridian. 16. That if the conditions of approval are not met the FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 11 • property shall be subject to de -annexation. 17. That these Conclusions have been prepared prior to hearing and the Commission reserves the right to amend these Conclusions after the hearing is conducted. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Preliminary Findings of Fact and Conclusions. ROLL CALL COMMISSIONER Keith Borup COMMISSIONER Byron Smith COMMISSIONER Mark Nelson COMMISSIONER Malcolm MacCoy CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED_,____ VOTED VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8 CONCLUSION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above in the Conclusions for the property described in the application with the conditions set forth in the Preliminary Findings of Fact and Conclusions of Law and that the Applicant be specifically required to meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and the conditions of these Preliminary Finds and Conclusions and that if the conditions are not met that the property be de -annexed. MOTION: APPROVED: 11-25-97 DISAPPROVED: 12/11/97 -Final Otter Park FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 9 OFF_ ICIALS• HUB OF TREASURE VALLEY isCOUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer A Good Place to Live WALT W. MORROW, President GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, CITY OF MERIDIAN TOLSMA RONALD M. CHARLES M. ROUNTREE OUNTR Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. GLENN R. BENTLEY DENNIS J. SUMMERS, Parks Supt. 33 EAST IDAHO SHARI L. STILES, P 8, Z Administrator MERIDIAN, IDAHO 83642 P 8, 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 g p MALCOLM MACCOY WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP RON MANNING ROBERT D. CORRIE BYRON SMITH 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: November 19, 1997 TRANSMITTAL DATE: 11/10/97 HEARING DATE: 11/25/97 REQUEST: Annexation/zoning of 62.06 acres to L -O for City Park & Public Service Facilities BY: City of Meridian LOCATION OF PROPERTY OR PROJECT: West of Meridian Road North of Ustick Road SE 1/4 of Section 36 TAN. R. IW JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH P/Z KEITH BORUP, 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 RELIM. & FINAL PLAT) BUREAU OF RECL IONPRELIM. & INAL PLAT) CITY FILES OTHER: z� YOUR CONCISE REMARKS: 10 M1""* e`�s I I. N 0 V 17 1x'37 M OF WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ' HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: November 19, 1997 TRANSMITTAL DATE: 11/10/97 HEARING DATE: 11/25/97 REQUEST: Annexation/zoning of 62.06 acres to L -O for City Park & Public Service Facilities BY:_City of Meridian LOCATION OF PROPERTY OR PROJECT: West of Meridian Road North of Ustick Road SE 1/4 of Section 36 T.4N. R.1W JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, 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 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: /A YOUR CONCISE REMARKS: A W -13 1997 SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary TO: City of Meridian 33 E Idaho Meridian ID 83642 • W-CEIVEn DEC 0 9 1997 December 5, 1997 FROM: Karen Gallagher, Coordinator Development Services Divisi SUBJECT: MA -11-97 Annexation and Rezone from RT to L -O Meridian Rd & Ustick Rd Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on December 3, 1997. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. KG cc: Plan&Dev Svcs-chron/file John Edney Chuck Rinaldi Civil Survey Consultants ada county highway district 318 East 37th 9 Boise, Idaho 83714-6499 • Phone (208) 345-7680 ADA POUNTY HIGHWAY DIRRICT Planning and Development Division Development Application Report MA -11-97 Meridian Rd & Ustick Rd Annexation and Rezone from RT to L -O The applicant is requesting annexation and a rezone from RT to L -O for a future park site and public service facility. The 62.06 -acre site is located at the northwest corner of Meridian Road and Ustick Road. This development is estimated to generate 200 to 1,000 additional vehicle trips per day based (depending upon the level of development) on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Ustick Road Meridian Road ACHD Commission Date - December 3, 1997 - 7:00 p.m. - � --'----� � SITE �---. --. i • r �_ ��r:. _ __. KETCH TO ACCOMPANY ANNEXAT N DESCRIPTIONS FOR THE CITY MERIDIAN, ADA COUNTY, IDAHO, LOCA ED IN SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST; SECTION 30, TOWNSHIP 4 NORTH, RANGE 1 EAST; SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST; SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN. 0 150 300 60 SCALE: 1".300' • Facts and Findings: A. General Information Owner - City of Meridian Applicant - Same RT - Existing zoning L -O - Requested zoning 62.06 - Acres 256 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Meridian Road Minor arterial with bike lane designation Traffic count 2,224 on 11-15-93 1,100 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 96 -feet required right-of-way (48 -feet from centerline) • Meridian Road is improved with 24 -feet of pavement with no curb, gutter or sidewalk. Ustick Road Minor arterial with bike lane designation Traffic count 1,600 on 10-8-92 1,955 -feet of frontage 50 to 70 -feet existing right-of-way 96 -feet required right-of-way (48 -feet from centerline) Ustick Road is improved with 24 -feet of pavement with no curb, gutter or sidewalk. B. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file numbers) for details. C. There is an irrigation ditch that borders the site on the east and south, along the Meridian Road and Ustick Road frontages. The applicant should be required to relocate the irrigation ditches out of the future right-of-way of both Meridian Road and Ustick Road. D. The applicant is not proposing any driveways on Meridian Road with this application. In accordance with District policy, the applicant should be required to locate any proposed driveway on Meridian Road a minimum of 440 -feet from Ustick Road (220 -feet for a right- MAl 197.COM Page 2 in/right-out driveway) and aligned or offset 230 -feet from any existing or approved driveway on the south side of Meridian Road. E. On April 12, 1995, the Commission approved Strasser Farms Subdivision, located at the southwest corner of Ustick Road and Meridian Road. As a condition of approval the applicant of that subdivision was allowed two driveways on Ustick Road. One driveway is located approximately 150 -feet west of Meridian Road and the second is located approximately 300 -feet west of Meridian Road. The subject site (park) is not proposing any driveways on Ustick Road with this application. In accordance with current District policy, the applicant should be required to locate any proposed driveway on Ustick Road a minimum of 440 -feet from Meridian Road (220 -feet for a right-in/right-out driveway) and align or offset 230 -feet from any existing or approved driveway on the south side of Ustick Road. F. District staff recommends that any proposed driveways on Meridian Road and Ustick Road be constructed a minimum of 36 -feet wide with 15 -foot radii pavement tapers abutting the public street. The site is limited to a maximum of three driveways on each road (Ustick Road and Meridian Road). The applicant should coordinate the driveway locations with District staff. G. District policy requires the applicant to construct a 5 -foot wide detached concrete sidewalk on Meridian Road and Ustick Road abutting the parcel, prior to use of the park. The sidewalk should be located two -feet within the new right-of-way of both Meridian Road and Ustick Road. Coordinate the location of the sidewalk with District staff. H. Depending upon the submitted use for this site, the applicant may be required to: Construct a center turn lane and a deceleration lane on Meridian Road and Ustick Road for any proposed driveways on these roadways. The deceleration lane would begin at a point 90 -feet east/north of a proposed driveway and taper to a width of 9 - feet wide. The turn lane would be constructed to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure for the center turn lane. Provide on-site stacking at the driveways. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District the applicant should be required to pave any proposed driveway its full required width of 36 -feet to at least 50 -feet beyond the edge of pavement of Meridian Road and Ustick Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. J. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. MA1197.COM Page 3 0 • K. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. If the rezone is approved and the District receives a development proposal, the District intends to provide the following recommendations, in addition to any additional recommendations that may apply upon District review of future development, to the City of Meridian: Site Specific Requirements: Dedicate 48 -feet of right-of-way from the section line of Ustick Road abutting the parcel 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. Dedicate 48 -feet of right-of-way from the section line of Meridian Road abutting the parcel 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. Relocate the existing irrigation ditches out of the new right-of-way of both Meridian Road and Ustick Road. 4. Locate any proposed driveway on Meridian Road a minimum of 440 -feet from Ustick Road (220 -feet for a right-in/right-out driveway) and aligned or offset 230 -feet from any existing or approved driveway on the east side of Meridian Road. 5. Locate any proposed driveway on Ustick Road a minimum of 440 -feet from Meridian Road (220 -feet for a right-in/right-out driveway) and aligned or offset 230 -feet from any existing or approved driveways on the south side of Ustick Road. 6. The site is limited to a maximum of three driveways on each road (Ustick Road and Meridian Road). Coordinate the location of the driveways with District staff. Pave any proposed driveway its full required width of 36 -feet with 15 -foot radii pavement tapers to at least 50 - feet beyond the edge of pavement of Meridian Road and Ustick Road. 7. Construct a 5 -foot wide detached concrete sidewalk on Meridian Road and Ustick Road abutting the parcel, prior to use of the park. The sidewalk shall be located two -feet within MA1197.COM Page 4 the new right-of-way of both Meridian Road and Ustick Road. Coordinate the location of the sidewalks with District staff. 8. Depending upon the submitted use for this site, and the applicant may be required to: Construct a center turn lane and a deceleration lane on Meridian Road and Ustick Road for any proposed driveways on these roadways. The deceleration lane would begin at a point 90 -feet east/north of a proposed driveway and taper to a width of 9 - feet wide. The turn lane would be constructed to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure for the center turn lane. Provide on-site stacking at the driveways. 9. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development 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 b s- mitted to the District no later than 9:00 a.m. on the da_y scheduled for ACHD 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 ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two weeks of the action and shall include a minimum fee of $110.00. Therequestfor 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 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. MA1197.COM Page 5 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless 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. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 345-7662. MA1197.COM Page 6 CENTRAL CEIRAL DISTRICT HEALTH DEPARMENT •• DISTRICT Environmental Health Division h EALTH Return to: DEPARTMENT n �^ LJ Eagle �� Rezone # Q� G-0 / or ey f,1re D filitt r J, Rv/ce- !moi%ir;FS ❑ Garden City 49 Meridian Conditional Use # ❑ Kuna Preliminary / Final / Short Plat - ❑ ACZ (!Mt of /4Frzlo4d 1EIVIFF) 7l I. We have No Objections to this Proposal. ITN ► mERIMAr ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ® 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ® central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ® central water ❑ individual sewage ❑ individual water 09. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: 19 central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines B central water 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. 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 ❑ 14. Date: // / H / �7 Reviewed By:d"" LDHD 10/91 rrb, rev. 1/91 Review Sheet • • REcBvEn N OV 2 6 1997 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 2M)E*K 2CKXX 208-463-0183 Phones: Area Code 208 24 November 1997 OFFICE: Nampa 466-7861 x"&xxxx")Qwx SHOP: Nampa 466-0663 Will Berg, City Clerk x"Pxxw x City of Meridian 33 East Idaho Meridian, ID 83642 RE: Annexation/Zoning of 62.06 acres to L -O for City Park and Public Service Facilities Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above referenced application. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH.dln cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 0 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and appr7-- these Findings of Fact. and Conclusions of Law on this -`qday of 199 9g . - COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROVED DISAPPROVED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - zL • MERIDIAN PLANNING & ZONING COMMISSION MEETING: November 25,1997 APPLICANT: CITY OF MERIDIAN AGENDA ITEM NUMBER: 1 REQUEST: PUBLIC HEARING: REQUEST FOR ANNEXATION/ZONING OF 62.06 ACRES TO L-0 FOR A CITY PARK AND PUBLIC SERVICE FACILITIES AGENCY COMMENTS CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: 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: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS ����, rev, NAMPA MERIDIAN IRRIGATION: ,'l/ I a SETTLERS IRRIGATION: C A IDAHO POWER: (tp4 D//'' ��0US WEST: U� � C (� Y I INTERMOUNTAIN GAS: ov 1 C BUREAU OF RECLAMATION: ! r G� OTHER: All Materials presented at public meetings shall become property of the City of Meridian.