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Cafarelli Industrial Subdivision PP 00-012CITY CLERK FILE CHECKL Project Name: (fLi.r ��/ ��?Gll�-Sl%1 "&( File No. A e)0 —L Date Received from Planning and Zoning Department: Planning and Zoning Level: Notes: Transmittals to agencies and others: Notice to newspaper with publish dates: Certifieds to property owners: Hearing Date: and Planning and Zoning Commission Recommendation: ❑ Approve ❑ Deny City Council Level: Transmittals to agencies and others: Notice to newspaper with publish dates: L Certifieds to property owners: ❑ City Council Action: Hearing Date: CSO and '7 LL C1C'. T 2, L Com. ❑ Approve ❑ Deny ❑ Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: Resolutions: Approved by Council: Original Res/Copy Cert: Minutebook ❑ Copies Disbursed: Copy Res / Copy Cert City Clerk City Engineer City Planner ❑ Findings Recorded City Attorney Sterling Codifiers Development Agreement: Project File Copy Res/Original Cert: Ada Sent for signatures: County (CPAs) Applicant (non -CPAs) Signed by all Recorded Ordinances: parties: Original: Minutebook ❑ A Approved by Council: copies to: City clerk State Tax Comm. ❑Sterling Recorded: Codifiers City Attorney City Engineer ❑ Copies Disbursed: city Planner Project file Ordinance No. Resolution No. Applicant (if appl.) Approved by Council: Findings/ Orders: Original: Minutebook Copies to: Applicant ❑ Recorded: Deadline: 10 days Project file City Engineer F-1City Planner Published in newspaper: City Attorney " Recori Vacation Findings " ❑ Copies Disbursed: Recorded Development Agreements: Original: Fireproof File Notes: Copies to:Applicant Project file City Engineer City Planner City Attorney NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 7:00 p.m. on June 13, 2000 for the purpose of reviewing and considering the application of Thomas M. Bevan, Jr. for preliminary plat application of 5.4 acres zoned I -L located on the north side of Franklin west of Linder. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 19th day of May, 2000. i/ ''G1; PUBLISH May 26 and J14 61 9 WILLIAM G. BERG, JR`., crry CLERK HUB OF TREASURE VALLEY MAYOR LEGAL DEPARTMENT Robert D. Corrie A Good Place to Live (208) 288-2499 - Fax 288-2501 CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO (208) 887-2211 - Fax 887-1297 Keith Bird MERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887-4813 PLANNING ANDZONING Tammy deWeerd City Clerk Office Fax (208) 888-4218 NT DEPA(208) Cherie McCandless 884-5533 - Fax 888-6854 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 2 2000 TRANSMITTAL DATE: May 16 2000 HEARING DATE: June 13, 2000 FILE NUMBER: PP -00-012 REQUEST: 5.4 acres zoned IL for Cafarelli Industrial Subdivision BY: Thomas M. Bevan Jr. LOCATION OF PROPERTY OR PROJECT: North side of Franklin, West of Linder - SALLY NORTON KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT SEWER DEPARTMENT _SANITARY SERVICE 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 COMMUNITY 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) YOUR CONCISE REMARKS: REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: RE�E�D APR 2 8 2000 CITY OF MERMIAN PLANAiMG & ZONING FJ" The submission deadline for ALL applications (other than Final Pl#ts and Variances) is 5:00 p.m. of the first business day of every month. Applications mlist be submitted to the Planning & Zoning Department, located at 200 E. Carlton Ave., Ste. #201, Meridian. NO EXCEPTIONS WILL BE MADE. The Planning and Zoning Commission will hear the request at the monthly meeting following the month that a complete application is received by the deadline date. Incomplete applications will be returned to the applicant and will not be processed until all required application elements are completed. Applicants are encouraged to arrange for a pre -application meeting with a Planner at least ten (10) business days BEFORE the submission deadline to address any concerns or questions regarding the project. GENERAL INFORMATION 1. Name of Annexation and Subdivision: L o; 4L if J/ / _ 4U 5 l ��' b, 2. General Location: Al Siol e e-- rKH fi OD 4-t 6 Z 6 iad�i• 3. Owners of Record: Th o en a 5 A4, 4 e va Address: 5/ Q - Wa rc Ii Ife , Zip R3 70 YTelephone: SA 3 - 7 i' 7—? 4. Applicant: 13, !l [a try /% i Cas c 4d e Address: cZQ 7S Zip 3 =Telephone:, x'66 5. Engineer: Fa r /b /P h Firm: r" 6. Name and address to receive City billings- Name: A; // C a a r e Address 20 7.5' W. 4/4 ;iA 57: Telephone: 3 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: .- 4 2. Number of building lots: 3. Number of other lots: ��� 4. Gross density per acre: (, S 4- "a rP 5. Net density per acre: -5S ` /6r -e 6. Zoning Classification(s): l I- 7. -7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? 8. Does the plat border a potential green belt? WO 9. Have recreational easements been provided for? Ala 10. Are there proposed recreational amenities to the City? 4,x, Explain 11. Are there proposed dedications of common areas? /o Explain For future parks?/�,.,---Explain 12. What school(s) service the area? /4 Do you propose any agreements for future school sites? 1v Explain 13. Are there any other proposed amenities to the City?__Explain 14. Type of Building (Residential, Commercial, Industrial or combination): Co M,0/ -s %a 15. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other): IIIA 16. Proposed Development features: a. Minimum square footage of lot(s): b. Minimum square footage of structure(s): /y C. Are garages provided for? Square footage: d. Has landscaping been provided for? Describe: Z 4 ,1el y ca c� e. Will trees be provided for? -) 'e5 Will trees be maintained? V PS f Are sprinkler systems provided for?�/ 6'S g. Are there multiple units?_Type: Remarks: h. Are there special set back requirements? /U Explain: i.Has off street parking been provided for? �J�Explain: �'q �k� ti y �-� f j. Value range of property: d , Trl 1,2 57 of k_ Type of financing for development: ./Vee 1. Were protective covenants submitted? Date: 17. Does the proposal land lock other property?/r/�Does it create Enclaves? ,Fa Seat e -z7 - STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. 2 I—, - STATEMENT --. STATEMENT OF OWNERS CAFAR.ELLI INDUSTRIAL SUBDIVISION The intended use of this parcel is for three commercial / industrial businesses. Currently lot three is intended to be occupied by Interstate Batteries. No variance is requested for this subdivision. This subdivision is a three lot subdivision it will have onsite storm water retention for each lot in landscaped swales. A dual source irrigation system will provide water to the landscape areas. The primary source of water will be from the Von Lateral, with a backup connection to the potable water system. The traffic impact from this development should be minor. Primarily traffic impacts will be from will delivery trucks. Correspondence Addresses: Cascade Builders B&A Engineers, Inc. 2075 W. Main Street ATT: Earl Eblen Boise, Id. 83702 5505 W. Franklin Road 208-866-1823 Boise, Id. 83705 208-343-3381 Billing Address: Cascade Builders 2075 W. Main Street Boise, Id. 83702 208-866-1823 I Tho . Bevan Jr. hereby give my consent to proceed with the subdivision of the pare of nd to bwQown as Cafarelli Industrial Subdivision. ��v u 3 M. /v A Jr. On this /�PY/ day of %g , 2000, before me, the undersigned, a notary public in and for the said state, personally appeared Thomas M. Bevan, Jr., known or identified to me to be the person whose name is subscribed to the foregoing instrument, and he acknowledged to me that he executed the same. IN WITNESS WHEREOF: I have set my hand and seal the day and year in this certificate first above written. Notary Public for Idaho Residing in Boise, Idaho My Commission Expires i ZOP , ro vu• �• �/• 5505 W. Franklin Road • Boise, Idaho 83705-1055 Cafarelli Industrial Subdivision Legal Description A parcel of land situate in the East 1� of the Southeast of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the East 1-4- corner of said Section 11; thence S0005815511E, 2,645.97 feet along the easterly boundary of said Section 11 to the Section Corner common to Sections 11, 12, 13 and 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; thence S8901610011W, 598.50 feet along the section line common to said Sections 11 and 14; thence N00058155"W, 30.00 feet to the northerly right-of-way of Franklin Road, which is the Real Point of Beginning: Thence S8901610011W, 573.50 feet along the northerly right-of- way of Franklin Road; Thence N00058'55"W, 681.36 feet to the center -line of the Eight -Mile Lateral; Thence the following courses and distances along the center- line of the Eight -Mile Lateral: S4001015711E, 393.69 feet; S46045151"E, 37.69 feet; S67014136"E, 30.85 feet; S8105211611E, 190.81 feet; S70022107"E, 86.56 feet; Thence leaving the center -line of the Eight -Mile Lateral S0005815511E, 279.37 feet to the Real Point of Beginning. Comprising 5.423 acres, more or less. Subject to easements apparent or of record. P. 02 RECORE AEG UEST F f' _.`--,� �-�- ���,_ A44 Cait E SER o�-��-r\� �• - "�`'� 1` -- Rt�fS IDAN0 FEE moo.OEFUTY 1999 A-7 PM12:26 59057361 DEED FOR VALUE RECEIV19), William B. Cafe db, a married man, of 5021 Sorrento Drive, Boise, Ada County, Idaho 83704, the Grautor, does bereby Stant, bargain, sell and aoIIvey unto Thomas M Bevan, Jr., a married matt, of 4202 N. Mucliffe Ave., Boise, Ada County, Idaho'83704, the Gmtee, the following described premises, situated in Ade County, State of Idaho, to-wft: (Sea Exhibit "A" attached hereto and by this reference made a part hereof) Together with all Crater had ditch rights and rights of way for water and ditches. Subject to that certain Deed of Trust in favor of Yanke Machine Shop, W., dated and recorded in the office of the Ada County Recorder on October 17, 1997 as Instrument No. 97086364 and which Deed of That the Grantor herein agrees to pay according to th4 terms thereof: Subject to Land Sale Ageetrtent entered into between Grantor and Grantee on the 31` of May, 1999 and under which the Grantee herein agrees to pay according to the terms and conditions thereof TO HAVE AND TO HOLD The said praises, with their appirtezi noes unto the said Grantee, his heirs and assips forever. And the said Grantors do hereby covenant to and with the said Grantees, that they are the owner in fee ample of said premises, that said prctnises are free from all cncumbraum and that they will warrant and defend the same form all lawfid claims whatsoever: Dated this 2"'' ' day of Jun% 1999. On this tt day of 1999, there personalty appeared before me, a notary public for acid state, William H. Cafareill, known or identified to tae to be the persons whose names appear in the foregoing tngrum nt and acknowledged tome that they executed the saltie. In Witness, wbcrma I have hereunto placed my hand and year first abovefwv/ritten. Notary public for Idaho Residing of City o(Boish Cmay of Ada Commission expires � �o o � X ql� LP �=l"". Notary public for Idaho Residing of City o(Boish Cmay of Ada Commission expires � �o o � W&tWTX lDEED ADD§,UM A LEGAL DE§CRIPTION P.03 A PARCEL OF LAND LOCATED IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 3 NORTH, RANGE I WEST, BOISE MERIDIAN, ADA COUNTY IDAHO; MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A 5/8" DIA. IRON PIN MARKING THE CORNER COMMON TO SECTIONS 11, 12,13 AND 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN. THENCE SOUTH 89 DECREES 16' 00" WEST 1172.00 FEET ALONG THE SECTION LINE COMMON TO SAID SECTIONS I I AND 14, ALSO BEING THE CENTERLINE OF FRANKLIN ROAD, TO A POINT; THENCE LEAVING SAID SECTION LINE NORTH 0 DECREES 58'55" WEST 30.00 FEET TO AN IRON PIN ON THE NORTH RIGHT-OF-WAY OF SAID FRANKLIN ROAD, ALSO BEING THE REAL POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY LINE, CONTINUING NORTH 0 DEGREES 58' 55" WEST 681.36 FEET TO AN IRON PIN MARKING THE INTERSECTION OF THE WEST PARCEL BOUNDARY AND THE CENTER LINE OF EIGHT -MLLE LATERAL; THENCE ALONG SAID CENTERLINE OF EIGHT -MILE LATERAL, THE FOLLOWING COURSES AND DISTANCES: THENCE SOUTH 40 DEGREES 10' 57" EAST 393.69 FEET TO A POINT, THENCE SOUTH 46 DEGREES 45' 51" EAST 37.69 FEET TO A POINT; THENCE SOUTH 67 DEGREES 14'36" EAST 30.85 FEET TO A POINT; THENCE SOUTH 81 DEGREES 52' 16" EAST 190.81 FEET TO A POINT; THENCE SOUTH 70 DEGREES 22'01" EAST 86.56 FEET TO AN IRON PIN MARKING THE INTERSECTION OF SAM EIGHT -MILE LATERAL CENTER LINE WITH THE EAST PARCLE BOUNDARY; THENCE LEAVING SAID CENTERLINE OF EIGHT -MILE LATERAL SOUTH 0 DEGREES 58'55" EAST 279.37 FEET TO AN IRON PIN ON SAID NORTH RIGHT-OF- WAY OF FRANLIN ROAD; THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 89 DECREES 16'00" WEST 573.50 FEET TO THE REAL POINT OF BEGINNING. WMI= B. Cafarelli / Thomas M. Bevan, Jr. STATE OF IDAHO DIVISION OF ENVIRONMENTAL QUALITY 1445 North Orchard • Boise, Idaho 83706-2239 • (208) 373-0550 April 4, 2000 Bill Cafferelli 4202 N. Marcliff Ave. Boise, ID 83704 RE: Bill Cafferelli-Franklin Road (Meridian, Ada County) Water and Sewer Lines Dear Mr. Cafferelli: Dirk Kempthorne, Governor C. Stephen Allred, Administrator The plans and specifications for the subject project appear to meet State of Idaho standards and are approved based on the conditions listed below. 61 �:.�� • • A. The standard conditions on the Division of Environmental Quality (DEQ) review stamp are part of this approval. Any supporting reports or documents are considered to be part of the approved documents. B. This approval will be voided if: 1) construction is not completed by April 4, 2001; 2) the project is improperly constructed, operated, or maintained; or 3) the project fails to function as intended. C. Per the project documents, a professional engineer with B & A Engineers, Inc. shall provide construction inspection sufficient to ensure the project is built as designed and approved. DEQ approval, prior to construction, is required for any deviations from the approved plans and specifications. Verbal approvals, if any, shall be documented by the professional engineer in a cover letter submitted with the project record drawings (see the next condition). D. Within thirty days after construction, the professional engineer shall provide DEQ with either: 1) as constructed plans and specifications with a cover letter as described in Item C, or 2) a letter of certification stating that the project was installed with no deviations from the approved plans. ROBERT D. CORRIE Mayor GARY D. SMITH, P.E. Public Works Director February 14, 2000 Mr. Earl Eblin, P.E. B & A Engineers, Inc. 5505 W. Franklin Rd. Boise, Idaho 83705 CITY OF MERIDIAN PUBLIC WORKS / BUILDING DEPARTMENT COUNCIL MEMBERS CHARLES M. ROUNTREE GLENN R. BENTLEY RON ANDERSON KEITH BIRD Re: BILL CAFFERELLI — FRANKLIN ROAD WATER AND SEWER EXTENSION Dear Mr. Eblin; We have reviewed the sanitary sewer and domestic water development plans you have submitted for this project, and approve of them for construction purposes. By stamping and signing the improvement plans, the Registered Professional Engineer ensures the City that the plans conform to all City standards and policies. Any variances or waivers to these standards and policies must be specifically and previously approved in writing by the City. Acceptance of the improvement plans by the City does not relieve the Registered Professional Engineer of these responsibilities. This approval shall expire one year from the date of this letter. If construction has not commenced by the expiration date, plans will have to be resubmitted for review and approval before construction may proceed. You may schedule a pre -construction meeting with us after you receive sewer & water plan approval from the State of Idaho Division of Environmental Quality, and street plan approval from the Ada County Highway District. This Site is within the area of the City Urban Service Boundary. Our water distribution system can provide domestic water service, and the minimum required fire flow (1500 GPM), and we can accept the sanitary sewage wastes for treatment at our sewage treatment facility. These determinations have been made by use of a computer models developed for our facility plans. Please provide a minimum of ten (10) sets of "Construction Plans" to my office a minimum of 3 days prior to the pre -construction meeting. All plans being used on the job site must have the City of Meridian Approved for Construction stamp affixed to them. At job completion, record drawings (print and electronic media), and final construction costs must be submitted to the Public Works Department. The new mains will not be considered final until these items, and possibly others, are received. If you should have any questions, please don't hesitate to call Si erely, Gary . Smith, P.E. Meridian City Engineer cc: File C. Hudson J. Shawcroft Commercial Plan Approiml.LTR.doc 200 East Carlton, Suite 100 • Meridian, Idaho 83642 Phone (208) 887-2211 • Fax (208) 887-1297 RECORDED: INSTRUMENT N0. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CAFARELLI INDUSTRIAL PARK THIS DECLARATION is made this 27 th day of April, 2000, by Thomas M. Bevan, a married man, hereinafter sometimes referred to as "Grantor". ARTICLE I RECITALS AND DECLARATION Section 1.1 Property Covered. Grantor is the owner of real property located in the County of Ada, State of Idaho, described as: LEGAL DESCRIPTION ATTACHED AS EXHIBIT A hereinafter referred to as "Property" Section 1.2 Purpose. It is the Grantor's intent that the Property shall be developed by Grantor and known as Cafarelli Industrial Park. Grantor declares that the Property and each lot, block, parcel, or portion thereof, is and shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the following restrictions, covenants, limitations; easements and condition, and equitable servitudes, all of which are declared and agreed to he in furtherance of a general plan for the protection, maintenance, subdivision, improvement and sale of the Property, or any lot, block, parcel or portion thereof, and to enhance the value, desirability and attractiveness of the Property. The covenants, DECLARATION - 1 conditions and restrictions set forth herein shall run with the land and each estate therein and shall be binding upon all persons having or acquiring any right, title or interest in the Property or any lot, parcel or portion thereof, shall inure to the benefit of every lot, block, parcel or portion of the Property and any interest therein; and shall inure to the benefit of and be binding upon Grantor, its successors in interest and each Grantee and his respective successors in interest, and may be enforced by Grantor, by any Grantee or Owner or their successors in interest. Notwithstanding the foregoing, no provision of this Declaration shall be construed as to prevent or limit Grantor's right to complete development of the Property and to construct improvements thereon nor Grantor's right to post signs incident to construction, sale or leasing. ARTICLE II ARCHITECTURAL COMMITTEE Section 2.1 Members of the Committee. The Architectural Committee, sometimes referred to in this Article II as "Committee", shall consist of one (1) Members. The following person is hereby designated as the initial member of the Committee: Thomas M. Bevan Each of said persons shall hold office until such time as he has resigned or has been removed or his successor has been appointed, as provided herein. Members of the Committee may be removed at any time without cause. Section 2.2 Grantor's Right of Appointment. At any time prior to April 27, 2000, that Grantor is the Owner of at least ten percent (10%) of the aggregate acreage within the Property, Grantor shall havethe unconditioned right to appoint and remove all Members of the Committee. At all other times, the Owners (one vote per acre owned) shall have the right to appoint and remove all Members of the Committee. Section 2.3 Review of Proposed Construction. The Committee shall consider and act upon any and all proposals or plans and specifications submitted for its approval pursuant to DECLARATION - 2 STATE OF IDAHO DIVISION OF ENVIRONMENTAL QUALITY 1445 North Orchard • Boise, Idaho 83706-2239 • (208) 373-0550 April 4, 2000 Bill Cafferelli 4202 N. Marcliff Ave. Boise, ID 83704 RE: Bill Cafferelli-Franklin Road (Meridian, Ada County) Water and Sewer Lines Dear Mr. Cafferelli: Dirk Kempthorne, Governor C. Stephen Allred. Administrator The plans and specifications for the subject project appear to meet State of Idaho standards and are approved based on the conditions listed below. A. The standard conditions on the Division of Environmental Quality (DEQ) review stamp are part of this approval. Any supporting reports or documents are considered to be part of the approved documents. B. This approval will be voided if: 1) construction is not completed by April 4, 2001; 2) the project is improperly constructed, operated, or maintained; or 3) the project fails to function as intended. C. Per the project documents, a professional engineer with B & A Engineers, Inc. shall provide construction inspection sufficient to ensure the project is built as designed and approved. DEQ approval, prior to construction, is required for any deviations from the approved plans and specifications. Verbal approvals, if any, shall be documented by the professional engineer in a cover letter submitted with the project record drawings (see the next condition). D. Within thirty days after construction, the professional engineer shall provide DEQ with either: 1) as constructed plans and specifications with a cover letter as described in Item C, or 2) a letter of certification stating that the project was installed with no deviations from the approved plans. Bill Cafferelli April 4, 2000 Page 2 PROJECT SPECIFIC CONDITIONS: A. Although the professional engineer is ultimately responsible for the inspections and especially the as -built plans listed in Item D above, it may be cost effective for the engineer to contract with the experienced staff of the Plumbing Bureau to provide certain inspection services for the water and sewer mains. The standard contract and fee schedule is available by contacting Joe Meyer at 334-3442. If you have any questions, please contact me at (208) 373-0162, or via e-mail at srae@deq.state. id. us. Sincerely, 6ss Ra , ociate Engineer cc: Earl Eblen, B&A Engineers, Inc. (w/approved set of plans and specifications) Gary D. Smith, City Engineer, City of Meridian Idaho Division of Building Safety, Plumbing Bureau (w/checklist, vicinity map) Source File # I Eng., Meridian Reading File G-\ENGINEER\SRA",EVIEW S\Z000\SEWER\CAFERELI.APR this Declaration, and perform such other duties as from time to time shall be assigned to it by the Grantor or the Owners after the year 2000, including the inspection of construction in progress to assure its conformance with plans approved by the Committee. The Committee shall approve proposals or plans and specifications submitted for its approval only if it deems that the construction, alterations or additions contemplated thereby in the locations indicated will not be detrimental to the appearance or use of the surrounding area of the Property as a whole, that the appearance of any structure affected thereby will be in harmony with the surrounding structures, and that the upkeep and maintenance thereof will not become a burden on other Owners. The Committee may condition its approval of proposals or plans and specifications on such changes therein as it deems appropriate and may require submission of additional plans and specifications or other information prior to approving or disapproving material submitted. The Committee may require such detail in plans and specifications submitted for its review as it deems proper, including, without limitation, floor plans, site plans, architectural, engineering and landscaping plans, drainage plans, parking and private street plans and layouts, elevation drawings and description, samples of exterior material and colors and information showing existing topography and finished grades, utility connections, sign locations and designs, attached and detached storage areas and structures, trash collection and removal facilities, and loading and unloading dock locations and designs. All applications to the Committee shall- include a brief description of the number of employees and customers that will be using the improvements per eight (8) hour }period or shift. Until receipt by the Committee of any requires) plans and specifications the Committee may postpone review of any plan submitted for approval. Decisions of the Committee shall be transmitted by the Committee to the applicant at the address set forth in the application for approval within thirty (30) days after filing all materials required by the Committee. Any materials submitted pursuant to this Section shall be deemed approved unless written disapproval by the Committee shall have been transmitted to the applicant within thirty (30) days after the- date of written acknowledgement to the applicant of receipt of the required materials by the Committee. DECLARATION - 3 Section 2.4 Meetings of the Committee. The Committee shall meet from time to time as necessary to perform its duties hereunder. The Committee may from time to time by resolution unanimously adopted in writing designate a Committee Representative (who may, but need not be one of its Members) to take any action or perform any duties for and on behalf of the Committee, except the granting of variances pursuant to Section 2.9. In the absence of such designation, the vote of any two (?) Members of the Committee, or the written consent of any two (2) Members of the Committee taken without a meeting, shall constitute an act of the Committee. Section 2.5 No Waiver of Future Approvals. The approval of the Committee to any proposals or plans and specifications or drawings for any work done or proposed or in connection with any other matter requiring the approval and consent of the Committee, shall not be deemed to constitute a waiver or any right to withhold approval of consent as to any similar proposals, plans and specifications, drawings or matter whatever subsequently or additionally submitted for approval or consent. Section 2.6 Compensation of Members. The Members of the Committee shall receive no compensation for services rendered; other than reimbursement for expenses incurred by -them in the performance of their duties hereunder. Section 2.7 Inspection of Work. Inspection of work and correction of defects therein shall proceed as follows: 2.7.1 Upon the completion of any work for which approved plans are required under this Article, the Owner shall give written notice of completion to the Committee. 2.7.2 Within sixty (60) days thereafter, the Committee or its duly authorized representative may inspect such improvement. If the Committee finds that such work was not done in substantial compliance with the approved plans, it shall notify the owner in writing of such noncompliance within such sixty (60) day period, specifying the particulars of noncompliance, and shall require the Owner to remedy the same. 2.7.3 If upon the expiration of thirty (30) days from the date of such notification the Owner shall have failed to remedy such noncompliance, the Committee shall notify the Grantor and all other Owners in writing of such failure. The Grantor or any Owner at their option, may either remove the noncomplying improvement or remedy the DECLARATION - 4 noncompliance, and the Owner shall reimburse the Grantor or the Owner(s), upon demand, for all expenses incurred in connection therewith. The Grantor or any Owner that removes the noncomplying improvement or who remedies the noncompliance shall be deemed to be a materialman and/or laborer supplying material and/or labor to the property which is noncomplying, at the express request of the Owner thereof; and shall be deemed to have a materialmen's and/or laborer's lien against the noncomplying property in accordance with Idaho law. If such expenses are not promptly repaid by the Owner to the Grantor or the Owners, the defaulting Owner shall be subject to suit for violation of this Declaration as provided herein and/or suit to foreclose the lien described above in accordance with Idaho law. 2.7.4 If for any reason the Committee fails to notify the Owner of any noncompliance within sixty (60) days after receipt of said written notice of completion from the Owner, the improvement shall be deemed to be in accordance with said approved plans. Section 2.8 Non -Liability of Committee Members. Neither the Committee nor any Member thereof, nor its duly authorized Committee- representative; shall be liable to the Grantor or to any Owner or - Grantee for any loss, damage or injury arising out of or in any way connected with the performance of the Committee's duties hereunder or for the non-compliance by any Owner of any condition imposed by the Committee or for the nonenforcement of any condition imposed by the Committee or the other terms, covenants and conditions contained herein, unless due to the willful misconduct or bad faith of the Committee. The Committee shall review and approve or disapprove all plans submitted to it for any proposed improvement, alteration or addition, on the basis of whether the improvements comply with this Declaration and the overall benefit or detriment which would result to the immediate vicinity and the Property generally. The Committee shall take into consideration, without limitation, the aesthetic aspects of the architectural. designs, drainage, parking and traffic plans, placement of buildings, landscaping, color schemes, exterior finishes and materials and similar features and shall also take into consideration whether the design and construction of the improvements would detrimentally affect the use and enjoyment of other portions of the Property. The Committee shall not be responsible for reviewing, nor shall its approval of any plan or design be deemed approval of any plan or design from the standpoint of structural safety or conformance with building or other codes. DECLARATION - 5 Section 2.9 Variances. The Committee may authorize variances from compliance with any of the provisions of this Declaration when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require or when, in the sole discretion of the Committee, a variance from compliance would not materially adversely affect other Owners. Such variances must be evidenced in writing, must be signed by at least two (2) Members of the Committee. If such variances are granted, no violation of the covenants, conditions and restrictions contained in this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such variance shall not operate to waive any of the terms and provisions of this Declaration for any purpose except as to the particular property and particular provision hereof covered by the variance, nor shall it affect in any way the owner's obligation to comply with all governmental laws.and regulations affecting his use of the Property or portion thereof, including, but not limited to, zoning -ordinances and lot set -back lines or requirements imposed by any governmental or municipal authority. ARTICLE III - GENERAL AND SPECIFIC RESTRICTIONS Section 3.1 Structures - Generals. Any and all buildings, structures and other improvements located upon the Property or any part or portion thereof shall be used exclusively for purposes which are allowed under applicable zoning and use regulations, ordinances and laws. 3. 1.1 Dimensional Standards. The following shall he minimum dimensional standards for all lots, structures and uses within the Property: Minimum lot street frontage Minimum lot depth Minimum building front. yard Setlback Minimum building flanking street setback Minimum building rear yard setback Minimum building side yard setback DECLARATION - 6 100 feet 12.8 feet 20 feet 20 feet 10 feet (not applicable to property which is adjacent to railroad track) 10 feet Maximum building height 3 stories or 40 feet (which ever is less) Maximum lot coverage (by structures) 55 In addition to the foregoing standards, all lots, structures and uses within the Property shall comply with the requirements set forth on the plat of all or a portion of the Property and with all applicable zoning codes and ordinances. 3.1.2 Architectural Committee Review. No building, street, alley, landscaping, fence or other structure or improvement of any kind or nature shall be built, erected, placed or materially altered on the Property unless and until the building plan specifications and plot plan (as more particularly described in Article II) have been reviewed in advance by the Architectural Committee and the same has been approved in writing by the Committee. It shall not be the intent of these restrictions to control the interior layout or design of said structures. Nothing herein shall authorize the construction of any improvements upon the Property until the Owner has acquired all governmental permits and approvals which are conditions precedent to the commencement of construction. 3.1.3 Temporary Structures. No house trailer, mobile home, tent, shack, barn or other similar outbuilding or temporary structure shall be erected or placed on any portion of the Property except for temporary use and then only with the written consent off the Architectural Committee. 3.1.4 Setbacks. No structure or other improvement (exclusive of fences and similar structures) shall be placed nearer to the Lot lines than permitted by the Architectural Committee, the plat for the subdivision in which the structure or improvement is located, applicable law or this Declaration. 3.1.5 Exterior Design. All- buildings and other structures shall be constructed of reinforced concrete or masonry walls or such other materials as are appropriate and customary in a high quality industrial and business park and which are approved by the Architectural Committee. All pumice block, pre -cast and tilt -up walls shall be painted, stained or exposed aggregate. No part of the roof of any structure shall project above the parapet except where necessary according to architectural and engineering specifications for the structure to be of a sound design. DECLARATION - 7 All roof -mounted equipment and ventilators projecting more than two (2) feet above the roof or roof parapet shall be screened from view, such screening to be harmonious (i.e. design, material and color) with the building or structure where located. 3.1.6 Pavement. All parking areas, loading and unloading aprons and areas, streets, alleys and other areas approved by the Architectural Committee shall be paved with concrete or hot asphalt paving ("armor coat" paving shall be allowed only with the express written consent of the Architectural Committee.) The Architectural Committee shall designate such areas for paving as the Committee, in its sole judgment, deems necessary to preserve the overall quality of the Property and to prevent a nuisance. Section3.2 Antennae. No exterior radio antennae, television antenna, or other antennae of any type shall be erected or maintained on the Property without the consent of the Architectural Committee. Section 3.3 Insurance Rates. Nothing shall be done or kept on the Property or on any portion thereof which will increase the rate of insurance -on any property owned by any other Owner, nor shall anything be done or kept in the Property or any portion thereof which would result in the cancellation of insurance on any property owned or managed by any other Owner or which would be in violation of any law. Section 3.4 Signs. No sign of any kind shall be displayed to the public view without the approval of the Architectural Committee, except such signs as may be used by Grantor in connection with the development of the Property and sale and leasing of the Property or portion thereof, and except such signs of customary and reasonable dimensions as prescribed by the Architectural Committee as may be displayed on or from a portion of the Property advertising the property for sale or lease. Any customary "for sale" or "for lease" signs not more than three (3) feet by two (2) feet shall not require Architectural Committee approval. No signs shall extend from any roof or parapet wall. All signs shall be of such height and width and distance from the ground as shall be approved by the Architectural Committee. Section 3.5 Nuisances. No rubbish, or debris of any kind shall be placed or permitted to accumulate anywhere upon the Property, and no odor shall be permitted to arise there from so as to render the Property or any portion thereof unsanitary, unsightly, offensive or detrimental to any other property in the DECLARATION - 8 vicinity thereof or to its occupants. No noise or other nuisance, including dust; fumes, noise, odor, vibration (other than from highway vehicles and railroad trains), smoke, grease, radiation, radio emission, heat, other pollutants or other conditions in a level, quantity or degree constituting a public or private nuisance or hazard to health, safety or welfare, public or otherwise, shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to any other property in the vicinity or to its occupants. Without limiting the generality of any of the foregoing provisions, no exterior speakers, horns, whistles, bells or other sound devices (other than security devices used exclusively for security purposes) shall be located, used or placed on the Property without the prior written approval of the Architectural Committee. Each Owner shall comply with all local, state and federal environmental ordinances, codes, rules, regulations and laws. Section 3.6 Exterior Maintenance; .Grantee's Obligations. No improvement anywhere within the Property shall be permitted to fall into disrepair and each improvement shall at all times be kept in first class condition and repair. In the event that any Grantee shall permit any improvement which is the responsibility of such Grantee to maintain to fall into disrepair so as to create a dangerous, unsafe, unsightly or unattractive condition, the Grantor or any Owner, upon fifteen (15) days' prior written noticeAo the Grantee of such property, shall have the right to correct such condition, and to enter upon such Grantee's property for the purpose of doing so, and such Grantee shall promptly reimburse the Grantor or any Owner for the cost thereof-.. Such cost shall create a lien enforceable in the same manner as set forth in Section 2.7.3 of this Declaration. The Grantee of the offending property shall be personally liable, and his property may be subject to a mechanic's lien, for all costs and expenses incurred by the Grantor or any Owner in taking such corrective.. acts, plus all costs, including attorneys' fees, incurred in collecting the amounts due. Each Grantee shall pay all amounts due for such work within ten (10) days alter receipt of written demand therefor. Section 3.7 Drainaqe. There shall. he no interference with the established drainage pattern over any portion of the Property; unless an adequate alternative provision is made for proper drainage and is first approved in writing by the Architectural Committee. For the purposes hereof, "established" drainage is defined as the drainage which exists at the time the overall grading of any portion of the Property is completed by Grantor, or that which is shown on any plans approved by the Architectural Committee. DECLARATION - 9 Section 3.8 Water Supply Systems. No individual water supply system shall be permitted on any portion of the Property unless such system is designed, located, and constructed and equipped in accordance with the requirements, standards, and recommendations of the Architectural Committee and all applicable governmental authorities. Section 3.9 No Hazardous Activities. No activities shall be conducted on any portion of the Property and no improvements constructed on any portion of the Property which are or might be unsafe or hazardous to any person or property. Section 3.10 Outside Storage. No materials, equipment and/or unsightly articles shall be permitted to remain on any portion of the Property as to be visible from any other portion of the Property unless the same shall he screened from view in a manner approved by the Committee or unless such storage or keeping of such items is otherwise approved by the Committee. Without limiting the generality of the foregoing, refuse, garbage and trash shall be kept -at all times in such containers and in areas approved by the Architectural •Committee. -No lumber; grass, shrub or tree clippings or plant waste; -metals; bulk material or scrap or refuse or trash shall be kept, stored or allowed to accumulate on any portion of the Property except within an enclosed structure or appropriately screened from view in a manner approved by the Committee or otherwise approved by the Committee. Section 3.11 No Unscreened Equipment and Other Vehicles No dilapidated or unrepaired or unsightly vehicles or similar or other equipment shall be placed upon any portion of the Property (including streets and driveways) unless the same are enclosed by a structure concealing them from view in a manner approved by the Architectural Committee. Section 3.12 Sewage Disposal Systems. No individual sewage disposal system shall be used and each Grantee shall hook on to the Meridian City, Idaho Sewer System and pay all charges assessed therefor. Section 3.13 No Mining or Drilling. No portion of the Property shall be used for the purpose of mining, quarrying, drilling, boring or exploring for or removing water, oil, gas or other hydrocarbons,minerals, rocks, stones, gravel or earth. Section 3.14 Energy Devices, Outside. No energy production device, including, but not limited to, generators of any kind and solar energy devices, shall be constructed or maintained on any Property without the written approval of the Architectural Committee, which approval may be premised upon appropriate screening. DECLARATION - 10 Section 3.15 Vehicles. The use of all vehicles and equipment, including, but not limited to, trucks, trains and automobiles, shall be subject to the Architectural Committee Rules and Regulations, which may limit the use thereof within the Property, provide parking regulations or adopt other rules regulating the same. No on -street parking shall be permitted except where expressly designated for parking use. All loading and unloading of vehicles, including railroad cars, shall be conducted solely within loading and unloading areas designated on plans and specifications approved by the Architectural Committee. All on -street loading and unloading shall be prohibited. Section 3.16 Outside lighting Each Grantee shall maintain, replace, and repair, and pay for all power and other costs of operating, any exterior lights. All exterior lighting fixtures shall not project above the face or roofline of a structure and shall be shielded from direct view from streets and the front of such buildings. Section 3.17 Landscaping. Within six (6) months from the completion ofstructural improvements, each Grantee shall install the landscaping provided in the plans and specification approved by the Architectural Committee. If no such plans have been submitted or approved, all portions of the Property conveyed to a Grantee by Grantor not covered by a building or other improvement or which are necessary for railroad tracks shall in any event be landscaped or paved within two,(2) years after the conveyance of title or possession of a portion of. the Property to a Grantee (unless such time is extended for good cause by the Architectural Committee). Grantor and all Grantees shall at all times keep all portions of the Property owned by them in a weed free and safe condition. Notwithstanding anything herein contained, al I. Grantees shall install, maintain and replace and repair a minimum twelve foot (12') wide landscaped strip (from back of curb) along any and all public streets and rights-of-way which are located on or adjacent to such Grantee's property, such landscaping to consist of sod and trees. All trees shall be Norway Maple or Emerald Queen, shall be a minimum one and three-quarter (13/4) inch calipher, shall be spaced forty (40) feet apart, and planted nine and one-half (9 1/2) feet from the back of the curb. All landscaping shall be irrigated by underground sprinkler systems. DECLARATION - 11. Section 3.18 Utilities. All utilities, including telephone, electrical, water, gas, and sewer shall be installed underground. ARTICLE IV DEFINITIONS Section 4.1 " Architectural Committee" shall mean the Committee created pursuant to Article II hereof. Property. Section 4.2 "Lot or Lots" shall mean one or more of the lots platted or to be platted within the Section 4.3 "Declaration" shallmean this instrument as it may be amended from time to time. .. -- Section 4.4 "Grantee" shall mean any person, corporation, association or partnership who shall hereafter assert or claim any right, title, claim or interest in and to the Property or any lot, block, part or parcel thereof, whether as successor in title or otherwise, and whether voluntary or by operation of law. Section 4.5 "Grantor" shall mean Thomas M. Bevan, a married man, or any person, persons, entity or entities to whom the rights of the Grantor under this Declaration are specifically transferred by the Grantor. Section 4.6 "Owner" shall mean the person or persons or other legal,entity or entities, including Grantor, holding fee simple interest of record to any portion of the Property or any part of the Property, including sellers under executory contracts of sale, but excluding those having such interest merely as security for the performance of an obligation. ARTICLE X MISCELLANEOUS Section 5.1 Term The covenants, conditions and restrictions of this Declaration shall run until December 31, 2030, unless amended as herein provided. After December 31, 2030, such covenants, conditions and restrictions shall -be automatically extended for successive periods often (10) years each, unless amended or extinguished by a written instrument executed by Owners owning at least three-fourths (3/4) of the total acreage average within the Property and such written instrument is recorded with the Ada County Recorder. DECLARATION 12 Section 5.2 Amendment. 5.2.1 By Grantor. Until the close of escrow for the sale of any portion of the Property, the provisions of this Declaration may be amended or terminated by Grantor by recordation of a written instrument setting forth such amendment or termination. For the purpose of this Declaration, the close of escrow shall be deemed to be date on which a deed granting a portion of the Property recorded in the Office of the Ada County Recorder.. 5.2.2 By Owners. The provisions of this Declaration (other than Article II hereof which shall require a ninety percent [90%] vote) may be amended by an instrument in writing signed and acknowledged by the Owners owning at least three-quarters (3/4) of the fatal acreage within the Property and such amendment shall be effective upon its recordation in the Ada County Recorder's Office. Section 5.3 Notices. Any notice permitted or required to be delivered as provided herein shall be in writing and may be delivered either personally or by mail: If delivery i&made by mail, it shall be deemed to have been delivered seventy-two (72) hours after a copy of the same has been deposited in the United States mail, postage prepaid, addressed to any person at the mailing address of such person's property within the Property. Section 5.4 Interpretation. The provisions of this Declaration shall be liberally construed to effectuate their purpose of creating a uniform plan for tire development and operation of the Property. This Declaration shall he construed and governed under the laws of the State of Idaho. Section 5.5 Enforcement and Non -Waiver. 5.5.1 Right of Enforcement. The Grantor or any Owner of any portion of the Property shall have the right to enforce any and all of the provisions hereof against any property within the Property and the Owner (s) thereof. 5.5.2 Violations and Nuisances. The failure of any Owner of a portion of the Property to comply with any provision hereof is hereby declared a nuisance and will give rise to a cause of action in the Grantor, or any Owner or Owners of a portion of the Property for recovery of damages, lien foreclosure, if appropriate, or for negative or affirmative injunctive relief or both. DECLARATION - 13 5.5.3 Violation of Law. Any violation of any state, municipal or local law, ordinance or regulation pertaining to the ownership, occupation or use of any property within the Property is hereby declared to be a violation of this Declaration and subject to any or ,all of the enforcement procedures set forth in this Declaration. 5.5.4 Remedies Cumulative. Each remedy provided herein is cumulative and not exclusive and does not limit any remedy which any Owner may have against another Owner at law or in equity. 5.5.5 Non -Waiver. The failure to enforce any of the provisions herein at any time shall not constitute a waiver of the right to enforce any such provision or any other provision of said restrictions. Section 5.6 Interpretation. 5.6.1 Restrictions Construed Together. All of the provisions hereof shall be liberally -construed together to promote and effectuate the fundamental concepts of the Property as set forth in the preamble of this Declaration. 5.6.2 Restrictions Severable. Notwithstanding the provisions of the foregoing Section 5.6.1, each of the provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity of enforceability of any other provision. 5.6.3 Singular Includes Plural.. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine or neuter shall each include the masculine, feminine and neuter. 5.6.4 Captions. All captions and titles used in this Declaration are intended solely for convenience o -f reference and shall not affect that which is set forth in any of the provisions hereof. DECLARATION 14 Section 5.7 Reservation of Easements. Grantor expressly reserves for the benefit of all the Property reciprocal easements of access, ingress and egress for all Owners to and from their respective property for installation and repair of utility services, for drainage of water over, across or upon adjacent property resulting from the normal use of adjoining property, and for necessary maintenance and repair of any improvement. Such easements may be used by Grantor, its successors, purchasers, and all Owners, their guests, tenants and invitees, residing on or temporarily visiting the Property, for pedestrial walkways, vehicular access and such other purposes reasonably necessary for the use and enjoyment of the Property or portion thereof. Grantor hereby further reserves the right to grant such other and further easements, rights-of-way, licenses and permits over, across, and on the Property as the Grantor, in its reasonable discretion, deems necessary or proper to develop, sell and/or lease the Property. IN WITNESS WHEREOF, Thomas van - By: DECLARAT ON - 5 We have hereunto set our hands and seals this 27TH day of April , 2000. STATE OF IDAHO) ss. County of Ada ) On this 27 th day of April, 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared THOMAS M. BEVAN, known to me to be the owner of CAFARELLI INDUSTRIAL PARK, the individual that executed the within and foregoing instrument, and acknowledged to me that he executed the within and foregoing instrument on his own behalf. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year in this certificate first written above. Notary %blic for Idaho iirr�Ws Residingat Boise, Idaho -.0 - y EA My commission expires: JZ"c z,o o 6 DECLARATION - 16 4; coo 0 �S O T A I? Y % -Y • o o t�' p �> o UBLIC s ° ®�®��.�►°°••°®vaso• R ���`'� E�dlsFSiQQE45tyaa4 WARRANTY DEED ADDENDUM A LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY IDAHO; MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A 5/8" DIA. IRON PIN MARKING THE CORNER COMMON TO SECTIONS 11, 12,13 AND 14, TOWNSHIP 3 NORTH, RANGE -1 WEST, BOISE MERIDIAN: THENCE SOUTH 89 DECREES 16'00" WEST 1172.00 FEET ALONG THE SECTION LINE COMMON TO SAID SECTIONS 11 AND 14, ALSO BEING THE CENTERLINE OF FRANKLIN ROAD, TO A POINT; THENCE LEAVING SAID SECTION LINE NORTH 0 DECREES 58' S5" WEST 30.00 FEET TO AN IRON PIN ON THE NORTH RIGHT-OF-WAY OF SAID FRANKLIN ROAD, ALSO BEING THE REAL POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY LINE, CONTINUING NORTH 0 DEGREES 58' 55" WEST 681.36 FEET TO AN IRON PIN MARKING THE INTERSECTION OF THE WEST PARCEL BOUNDARY AND THE CENTER LINE OF EIGHT -MILE LATERAL; THENCE ALONG SAID CENTERLINE OF EIGHT -MILE LATERAL, THE FOLLOWING COURSES AND DISTANCES: THENCE SOUTH 40 DEGREES 10'57" EAST 393.69 FEET TO A POINT; THENCE SOUTH 46 DEGREES 45' 51" EAST 37.69 FEET TO A POINT; THENCE SOUTH 67 DEGREES 14'36" EAST 30.85 FEET TO A POINT, THENCE SOUTH 81 DEGREES 52' 16" EAST 190.81 FEET TO A POINT; THENCE SOUTH 70 DEGREES 22'01" EAST 86.56 FEET TO AN IRON PIN MARKING THE INTERSECTION OF SAID EIGHT -MILE LATERAL CENTER LINE WITH THE EAST PARCLE BOUNDARY; THENCE LEAVING SAID CENTERLINE OF EIGHT -MILE LATERAL SOUTH 0 DEGREES 58'55" EAST 279.37 FEET TO AN IRON PIN ON SAID NORTH RIGHT-OF- WAY OF FRANLIN ROAD; THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 89 DECREES 16'00" WEST 573.50 FEET TO THE REAL POINT OF BEGINNING. z m or C cn D PAY TO THE ORDER OF FOR C (D � Q W O O 00 '3 0 L% m om a � a W O IDi m °<M K)v -D Z 1286 CASCADE BUILDERS . PH. 208-389-9880. 2675 W. MAIN BOISE, ID 83702 DATE„ _ 92-7195/1231,", . > i 36 �, DOLLARS,a�`,",a.��,, Mountain !Nest Bank j - 1508 West Idaho o Boise, Idaho 83701 , 11100 L 28611' is L 2 3 L 7 L9 5 51:06080000 L 5 51I' D N > z O O " 4 ° ' Qo N 3 Z W ( m a °" t(o a n c c N Q m d (� 2 D x 3 a o v v o , n Z D � � N Q oD r1l O PAY TO THE ORDER OF FOR C (D � Q W O O 00 '3 0 L% m om a � a W O IDi m °<M K)v -D Z 1286 CASCADE BUILDERS . PH. 208-389-9880. 2675 W. MAIN BOISE, ID 83702 DATE„ _ 92-7195/1231,", . > i 36 �, DOLLARS,a�`,",a.��,, Mountain !Nest Bank j - 1508 West Idaho o Boise, Idaho 83701 , 11100 L 28611' is L 2 3 L 7 L9 5 51:06080000 L 5 51I' HUB OF TREASURE VALLEY MAYOR LEGAL DEPARTMENT Robert D. Corrie (208) Good Place to Live (208) 288-2499 • Fax 288-2501 CITY COUNCIL MEMBERS Ron Anderson Kcith Bird Tammy deWeCrd Cherie McCandless CITY OF MERIDIAN PUBLIC WORKS 33 EAST IDAHO$� BUILDING DEPARTMENT MERIDIAN, IDAHO 83642 J� `' K.FC��Tj) 887-2211 • Fax 887-1297 (208) 888-4433 • Fax (208) S87-4813 PLANNING AND ZONING City Clerk Office Fax (208) 888-4218 MAY 1 7 10VO DEPARTMENT (208)884-5533 • Fax 888-6854 CITY OF RL, ji.11jLAN -PLANNING & ZONING 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 2, 2000 TRANSMITTAL DATE: May 16, 2000 HEARING DATE: June 13, 2000 FILE NUMBER: PP -00-012 REQUEST: 5.4 acres zoned IL for Cafarelli Industrial Subdivision BY: Thomas M. Bevan. Jr. LOCATION OF PROPERTY OR PROJECT: North side of Franklin, West of Linder - SALLY NORTON KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT SEWER DEPARTMENT _SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY ITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY 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) YOUR CONCISE REMARKS: REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: .L "" APR 2 8 2000 CITY OF MERIDIAN PLANNING & ZONINC FILIR P -c0 -01Z r The submission deadline for ALL applications (other than Final Pl#ts and Variances) is 5:00 p.m. of the first business day of every month. Applications mhst be submitted to the Planning & Zoning Department, located at 200 E. Carlton Ave., Ste. #201, Meridian. NO EXCEPTIONS WILL BE MADE. The Planning and Zoning Commission will hear the request at the monthly meeting following the month that a complete application is received by the deadline date. Incomplete applications will be returned to the applicant and will not be processed until all required application elements are completed. Applicants are encouraged to arrange for a pre -application meeting with a Planner at least ten (10) business days BEFORE the submission deadline to address any concerns or questions regarding the project. GENERAL INFORMATION 1. Name of Annexation and Subdivision: L A _4 Y, e J/ / _ 4a 5fii'i b, 2. General Location: /1/. S;ofe e-�- f 00-ey Gtr o G i�7dc'i. 3. Owners of Record: Th o va Address: 0 Al _Ni /i e , Zip-_j7OY.Telephone: SA 3 - 7b' 73 4. Applicant: ,B; I Ca - G&y -e //i Cas c :-te Q c,c i lWe,-S Address: -2, 0 75- W, Aa in St. , Zip 3 7 Telephone: d'66 - /?a 3 5. Engineer: E7a r / .E,6 %P rt Firm: ter► y i hPPi 5 �� c. 6. Name and address to receive City billings- Name: 6 // Lf r E //J' Address 20 7S W. 41,1 %vt 57. Telephoner FiW - /,'.;? 3 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: • - Y 2. Number of building lots: 3 3. Number of other lots: _ 4. Gross density per acre: U -s mac �P 5. Net density per acre: 6. Zoning Classification(s): Z �- 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? 8. Does the plat border a potential green belt? WO - 9 10 Have recreational easements been provided for? Are there proposed recreational amenities to the City? 40 Explain Alo 11. Are there proposed dedications of common areas? ,yg Explain For future parks? C�Explain 12. What school(s) service the area? 141 Do you propose any agreements for future school sites? Explain 13. Are there any other proposed amenities to the City? Explain 14. Type of Building (Residential, Commercial, Industrial or combination): Cc mel'c. ja 15. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other): IVA 16. Proposed Development features: a. Minimum square footage of lot(s): b. Minimum square footage of structure(s): C. Are garages provided for? Square footage: d. Has landscaping been provided for? ye Describe: sA91-"I 1'e,-�;01 4Vea s e. Will trees be provided for? Y e 5 Will trees be maintained? f. Are sprinkler systems provided for? \16.5 g. Are there multiple units? AM -Type: Remarks: h. Are there special set back requirements? /yo Explain: i. Has off street parking been provided for? � P S Explain:�'�i �k%� y Lot J_ Value range of property: /00K Td 1,25-k 116vfk. Type of financing for development: lVoo e 1. Were protective covenants submitted? Date: 17. Does the proposal land lock other property?/Vo Does it create Enclaves? A/c, 'Fa5eof e-11' STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. 2 STATEMENT OF OWNERS CAFARELLI INDUSTRIAL SUBDIVISION The intended use of this parcel is for three commercial / industrial businesses. Currently lot three is intended to be occupied by Interstate Batteries. No variance is requested for this subdivision. This subdivision is a three lot subdivision it will have onsite storm water retention for each lot in landscaped swales. A dual source irrigation system will provide water to the landscape areas. The primary source of water will be from the Von Lateral, with a backup connection to the potable water system. The traffic impact from this development should be minor. Primarily traffic impacts will be from will delivery trucks. Correspondence Addresses: Cascade Builders B&A Engineers, Inc. 2075 W. Main Street ATT: Earl Eblen Boise, Id. 83702 5505 W. Franklin Road 208-866-1823 Boise, Id. 83705 208-343-3381 Billing Address: Cascade Builders 2075 W. Main Street Boise, Id. 83702 208-866-1823 I Tho . Bevan Jr. hereby give my consent to proceed with the subdivision of the parcqrofMnd tq be/Qown as Cafarelli Industrial Subdivision. W 1 J/ c' M. va Jr. On this/fps.%/ day of %g , 2000, before me, the undersigned, a notary public in and for the said state, personally appeared Thomas M. Bevan, Jr., known or identified to me to be the person whose name is subscribed to the foregoing instrument, and he acknowledged to me that he executed the same. IN WITNESS WHEREOF: I have set my hand and seal the day and year in this certificate first above written. Notary Public for Idaho Residing in Boise, Idaho My Commission Expires I�rfrplL �'-� n�n�saa�„ Vicinity _'•4iap CafareIli Commercial Site A parcel of land located in the East ; of The southeast',/ of Section I I T.3N., R.IW., Boise Meridian, Ada County, Idaho. Scale I = 300' i- i�Hr01A 6 MAL T,: Til"t•yYM _ 4 KM 'c - = sl rll«sou � svnwar: _ 2 wo 3 2 _ - 3 Vicinity _'•4iap CafareIli Commercial Site A parcel of land located in the East ; of The southeast',/ of Section I I T.3N., R.IW., Boise Meridian, Ada County, Idaho. Scale I = 300' v�'- �• ��u/• 5505 W. Franklin Road • Boise, Idaho 83705-1055 Cafarelli Industrial Subdivision Legal Description A parcel of land situate in the East 1-�, of the Southeast 1/ of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the East 1-4 corner of said Section 11; thence S00°58'55"E, 2,645.97 feet along the easterly boundary of said Section 11 to the Section Corner common to Sections 11, 12, 13 and 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; thence S89"161001,w, 598.50 feet along the section line common to said Sections 11 and 14; thence NOO°58155"W, 30.00 feet to the northerly right-of-way of Franklin Road, which is the Real Point of Beginning: Thence S8901610011W, 573.50 feet along the northerly right-of- way of Franklin Road; Thence N00058155"fel, 681.36 feet to the center -line of the Eight -Mile Lateral; Thence the following courses and distances along the center- line of the Eight -Mile Lateral: S4001015711E, 393.69 feet; S46045151"E, 37.69 feet; S67014136"E, 30.85 feet; S81052116"E, 190.81 feet; S70022107"E, 86.56 feet; Thence leaving the center -line of the Eight -Mile Lateral S00058155"E, 279.37 feet to the Real Point of Beginning. Comprising 5.423 acres, more or less. Subject to easements apparent or of record. REGURi~ °"IUEST F AOA '0 Ms'jOAHOR� FEEPUTY 1999JN-7 PM12=26 99057361 W&M&M DEED FOR VALUE RECENED, William B. Cafardb, a married man, of 5021 Sorrento Drive, Boise, Acca County, Idaho 83704, the Gramot, does hereby grant, bargain, salt and convey unto 'non= M Bevan. Jr., a married man, of 4202 N. Marcli$e Ave., Boise, Ada County, Idaho 83704, the Grautec, the following descxibod premises, situated is Ada County, State of Idaho, to -wit: (Seo Exhibit "A" attached hereto and by this reference matte a part heraof) Together with an water and ditch rights and rights of way for water and ditches. Subject to that certain Decd of Taut in favor of Yanke Machine Shop, Inc., dated and rccor+ded in the o#Boo of the Ada County Recorder on October 17, 1997 as InAnnneut No. 97086364 and which Deed of Trust the Grantor herein agrees to pay according to the terms thereof. Subject to band Sale Agscament entered into between Grantor and Grantee on the 31- of May, 1999 and nada which the Grantee herein agrces to pay according to the terms and conditions thereof TO HAVE AND TO HOLD The said premises, With tbcir appurtenances unto the said Grantee, his heirs and assigns forever_ And the said Grantors do hereby covcaant to and with the said Grantees, that they are the owner in fee simple of said premises, that said promises arc free from all cumbrances and that they will warrant and defend the same form all kay;W clAims wbataoever. Dated this 210 day of June, 1999. William B. Cah=ihl Cal=Grantor 1999 there a before me, a notary public Qo this � � day of personally PPe� for said state, William B. Cafarelll, known or idea fled to me to be the persons whose names appear in the foregoing iustn=ennt and acknowledged tome that they executed the same. In Witness, wbermo I have hereunto placed my hand and affiroed ray offidal seal, the day and year first abave wriften. A Notary Public for Idaho Residing at City of B' f Ada `� ommi ion expires `� 0 o / qO.;� Notary Public for Idaho Residing at City of B' f Ada `� ommi ion expires `� 0 o / wABWTY uEED ADDF,NI)IIM A LEGAL DE§CRIPTION A PARCEL OF LAND LOCATED IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY IDAHO; MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A 518" DIA. IRON PIN MARINO THE CORNER COMMON TO SECTIONS 11, 12,13 AND 14, TOWNSHIP 3 NORTH, RANGE i WEST, BOISE MERIDIAN: THENCE SOUTH 89 DECREES 16'00" WEST 1172.00 FEET ALONG THE SECTION LINE COMMON TO SAID SECTIONS 11 AND 14, ALSO BEING THE CENTERLINE OF FRANKLIN ROAD, TO A POINT; THENCE LEAVING SAID SECTION LINE NORTH 0 DECREES 58' 55" WEST 30.00 FEET TO AN IRON PIN ON TIE NORTH RIGHT-OF-WAY OF SAID FRANKLIN ROAD, ALSO BEING THE REAL POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY LIRE, CONTINUING NORTH 0 DEGREES 58' 55" WEST 681.36 FEET TO AN IRON PIN MARKING THE INTERSECTION OF THE WEST PARCEL BOUNDARY AND THE CENTER LINE OF EIGHT -MILE LATERAL; THENCE ALONG SAID CENTERLINE OF EIGHT -MILE LATERAL, THE FOLLOWING COURSES AND DISTANCES: THENCE SOUTH 40 DEGREES 10' 57" EAST 393.69 FEET TO A POINT; THENCE SOUTH 46 DEGREES 45' 51" EAST 37.69 FEET TO A POINT; THENCE SOUTH 67 DEGREES 14'36" EAST 30:85 FEET TO A POINT; THENCE SOUTH 81 DEGREES 52' 16" EAST 190.81 FEET TO A POINT; THENCE SOUTH 70 DEGREES 22'01" EAST 86.56 FEET TO AN IRON PIN MARKING THE IN'T'ERSECTION OF SAID EIGHT -MILE LATERAL CENTER LINE WITH THE EAST PARCLE BOUNDARY; THENCE LEAVING SAID CENTERLINE OF EIGHT -MILE LATERAL SOUTH 0 DEGREES 58'55" EAST 279.37 FEET TO AN IRON PIN ON SAID NORTH RIGHT-OF- WAY OR FRANLIN ROAD; THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 89 DECREES 16'00" WEST 573.50 FEET TO THE REAL POINT OF BEGINNING. WJW= B. CafareW / Thomas M. Bevan, Jr. STATE OF IDAHO DIVISION OF ENVIRONMENTAL QUALITY 1445 North Orchard - Boise. Idaho 83706-2239 • (208) 373-0550 April 4, 2000 Bill Cafferelli 4202 N. Marcliff Ave. Boise, ID 83704 RE: Bill Cafferelli-Franklin Road (Meridian, Ada County) Water and Sewer Lines Dear Mr. Cafferelli: Dirk Kempthorne. Governor C. Stephen Allred. Administrator The plans and specifications for the subject project appear to meet State of Idaho standards and are approved based on the conditions listed below. • .1 _0 • UNTM • A. The standard conditions on the Division of Environmental Quality (DEQ) review stamp are part of this approval. Any supporting reports or documents are considered to be part of the approved documents. B. This approval will be voided if: 1) construction is not completed by April 4, 2001; 2) the project is improperly constructed, operated, or maintained; or 3) the project fails to function as intended. C. Per the project documents, a professional engineer with B & A Engineers, Inc. shall provide construction inspection sufficient to ensure the project is built as designed and approved. DEQ approval, prior to construction, is required for any deviations from the approved plans and specifications. Verbal approvals, if any, shall be documented by the professional engineer in a cover letter submitted with the project record drawings (see the next condition). D. Within thirty days after construction, the professional engineer shall provide DEQ with either: 1) as constructed plans and specifications with a cover letter as described in Item C, or 2) a letter of certification stating that the project was installed with no deviations from the approved plans. ROBERT D. CORRIE Mayor GARY D. SMITH, P.E. Public Works Director February 14, 2000 Mr. Earl Eblin, P.E. B & A Engineers, Inc. 5505 W. Franklin Rd. Boise, Idaho 83705 CITY OF MERIDIAN PUBLIC WORKS / BUILDING DEPARTMENT COUNCIL MEMBERS CHARLES M. ROUNTREE GLENN R. BENTLEY RON ANDERSON KEITH BIRD Re: BILL CAFFERELLI — FRANKLIN ROAD WATER AND SEWER EXTENSION Dear Mr. Eblin; We have reviewed the sanitary sewer and domestic water development plans you have submitted for this project, and approve of them for construction purposes. By stamping and signing the improvement plans, the Registered Professional Engineer ensures the City that the plans conform to all City standards and policies. Any variances or waivers to these standards and policies must be specifically and previously approved in writing by the City. Acceptance of the improvement plans by the City does not relieve the Registered Professional Engineer of these responsibilities. This approval shall expire one year from the date of this letter. If construction has not commenced by the expiration date, plans will have to be resubmitted for review and approval before construction may proceed. You may schedule a pre -construction meeting with us after you receive sewer & water plan approval from the State of Idaho Division of Environmental Quality, and street plan approval from the Ada County Highway District. This Site is within the area of the City Urban Service Boundary. Our water distribution system can provide domestic water service, and the minimum required fire flow (1500 GPM), and we can accept the sanitary sewage wastes for treatment at our sewage treatment facility. These determinations have been made by use of a computer models developed for our facility plans. Please provide a minimum of ten (10) sets of "Construction Plans" to my office a minimum of 3 days prior to the pre -construction meeting. All plans being used on the job site must have the City of Meridian Approved for Construction stamp affixed to them. At job completion, record drawings (print and electronic media), and final construction costs must be submitted to the Public Works Department. The new mains will not be considered final until these items, and possibly others, are received. If you should have any questions, please don't hesitate to call. Si erely, Gary . Smith, P.E. Meridian City Engineer cc: File C. Hudson J. Shawcroft Commercial Plan Approx lILTR.doc 200 East Carlton, Suite 100 • Meridian, Idaho 83642 Phone (208) 887-2211 • Fax (208) 887-1297 RECORDED: INSTRUMENT N0. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CAFARELLI INDUSTRIAL PARK THIS DECLARATION is made this 27 th day of April, 2000, by Thomas M. Bevan, a married man, hereinafter sometimes referred to as "Grantor". ARTICLE I RECITALS AND DECLARATION - Section 1.1 Property Covered. Grantor is the owner of real property located in the County of Ada, State of Idaho, described as: LEGAL DESCRIPTION ATTACHED AS EXHIBIT A hereinafter referred to as "Property" Section 1.2 Purpose. It is the Grantor's intent that the Property shall be developed by Grantor and known as Cafarelli Industrial Park. Grantor declares that the Property and each lot, block, parcel, or portion thereof, is and shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the following restrictions, covenants, limitations; easements and condition, and equitable servitudes, all of which are declared and agreed to he in furtherance of a general plan for the protection, maintenance, subdivision, improvement and sale of the Property, or any lot, block, parcel or portion thereof, and to enhance the value, desirability and attractiveness of the Property. The covenants, DECLARATION - 1 conditions and restrictions set forth herein shall run with the land and each estate therein and shall be binding upon all persons having or acquiring any right, title or interest in the Property or any lot, parcel or portion thereof; shall inure to the benefit of every lot, block, parcel or portion of the Property and any interest therein; and shall inure to the benefit of and be binding upon Grantor, its successors in interest and each Grantee and his respective successors in interest, and may be enforced by Grantor, by any Grantee or Owner or their successors in interest. Notwithstanding the foregoing, no provision of this Declaration shall be construed as to prevent or limit Grantor's right to complete development of the Property and to construct improvements thereon nor Grantor's right to post signs incident to construction, sale or leasing. ARTICLE II ARCHITECTURAL COMMITTEE Section 2.1 Members of the Committee. The Architectural Committee, sometimes referred to in this Article II as "Committee", shall consist of one (1) Members. The following person is hereby designated as the initial member of the Committee: Thomas M. Bevan Each of said persons shall hold office until such time as he has resigned or has been removed or his successor has been appointed, as provided herein. Members of the Committee may be removed at any time without cause. Section 2.2 Grantor's Right of Appointment. At any time prior to April 27, 2000, that Grantor is the Owner of at least ten percent (10%) of the aggregate acreage within the Property, Grantor shall havethe unconditioned right to appoint and remove all Members of the Committee. At all other times, the Owners (one vote per acre owned) shall have the right to appoint and remove all Members of the Committee. Section 2.3 Review of Proposed Construction. The Committee shall consider and act upon any and all proposals or plans and specifications submitted for its approval pursuant to DECLARATION - 2 this Declaration, and perform such other duties as from time to time shall be assigned to it by the Grantor or the Owners after the year 2000, including the inspection of construction in progress to assure its conformance with plans approved by the Committee. The Committee shall approve proposals or plans and specifications submitted for its approval only if it deems that the construction, alterations or additions contemplated thereby in the locations indicated will not be detrimental to the appearance or use of the surrounding area of the Property as a whole, that the appearance of any structure affected thereby will be in harmony with the surrounding structures, and that the upkeep and maintenance thereof will not become a burden on other Owners. The Committee may condition its approval of proposals or plans and specifications on such changes therein as it deems appropriate and may require submission of additional plans and specifications or other information prior to approving or disapproving material submitted. The Committee may require such detail in plans and specifications submitted for its review as it deems proper, including, without limitation, floor plans, site plans, architectural, engineering and landscaping plans, drainage plans, parking and private street plans and layouts, elevation drawings and description, samples of exterior material and colors and information showing existing topography and finished grades, utility connections, sign locations and designs, attached and detached storage areas and structures, trash collection and removal facilities; and loading and unloading dock locations and - - designs. All applications to the Committee shall- include a brief description of the number of employees and customers that will be using the improvements per eight (8) hour }period or shift. Until receipt by the Committee of any requires) plans and specifications the Committee may postpone review of any plan submitted for approval. Decisions of the Committee shall be transmitted by the Committee to the applicant at the address set forth in the application for approval within thirty (30) days after filing all materials required by the Committee. Any materials submitted pursuant to this Section shall be deemed approved unless written disapproval by the Committee shall have been transmitted to the applicant within thirty (30) days after the- date of written acknowledgement to the applicant of receipt of the required materials by the Committee. DECLARATION - 3 Section 2.4 Meetings of the Committee. The Committee shall meet from time to time as necessary to perform its duties hereunder. The Committee may from time to time by resolution unanimously adopted in writing designate a Committee Representative (who may, but need not be one of its Members) to take any action or perform any duties for and on behalf of the Committee, except the granting of variances pursuant to Section 2.9. In the absence of such designation, the vote of any two (?) Members of the Committee, or the written consent of any two (2) Members of the Committee taken without a meeting, shall constitute an act of the Committee. Section 2.5 No Waiver of Future Approvals. The approval of the Committee to any proposals or plans and specifications or drawings for any work done or proposed or in connection with any other matter requiring the approval and consent of the Committee, shall not be deemed to constitute a waiver or any right to withhold approval of consent as to any similar proposals, plans and specifications, drawings or matter whatever subsequently or additionally submitted for approval or consent. Section 2.6 Compensation of Members. The Members of the Committee shall receive no compensation for services rendered; other than reimbursement for expenses incurred by -them in the performance of their duties hereunder. Section 2.7 Inspection of Work. Inspection of work and correction of defects therein shall proceed as follows: 2.7.1 Upon the completion of any work for which approved plans are required under this Article, the Owner shall give written notice of completion to the Committee. 2.7.2 Within sixty (60) days thereafter, the Committee or its duly authorized representative may inspect such improvement. If the Committee finds that such work was not done in substantial compliance with the approved plans, it shall notify the owner in writing of such noncompliance within such sixty (60) day period, specifying the particulars of noncompliance, and shall require the Owner to remedy the same. 2.7.3 If upon the expiration of thirty (30) days from the date of such notification the Owner shall have failed to remedy such noncompliance, the Committee shall notify the Grantor and all other Owners in writing of such failure. The Grantor or any Owner at their option, may either remove the noncomplying improvement or remedy the DECLARATION - 4 noncompliance, and the Owner shall reimburse the Grantor or the Owner(s), upon demand, for all expenses incurred in connection therewith. The Grantor or any Owner that removes the noncomplying improvement or who remedies the noncompliance shall be deemed to be a materialman and/or laborer supplying material and/or labor to the property which is noncomplying, at the express request of the Owner thereof, and shall be deemed to have a materialmeri s and/or laborer's lien against the noncomplying property in accordance with Idaho law. If such expenses are not promptly repaid by the Owner to the Grantor or the Owners, the defaulting Owner shall be subject to suit for violation of this Declaration as provided herein and/or suit to foreclose the lien described above in accordance with Idaho law. 2.7.4 If for any reason the Committee fails to notify the Owner of any noncompliance within sixty (60) days after receipt of said written notice of completion from the Owner, the improvement shall be deemed to be in accordance with said approved plans. Section 2.8 Non -Liability of Committee Members. Neither the Committee nor any Member - thereof; -nor its duly authorized Committee- representative; shall be liable to the Grantor or to any Owner or - - Grantee for any loss, damage or injury arising out of or in any way connected with the performance of the Committee's duties hereunder or for the non-compliance by any Owner of any condition imposed by the Committee or for the nonenforcement of any condition imposed by the Committee or the other terms, covenants and conditions contained herein, unless due to the willful misconduct or bad faith of the Committee. The Committee shall review and approve or disapprove all plans submitted to it for any proposed improvement, alteration or addition, on the basis of whether the improvements comply with this Declaration and the overall benefit or detriment which would result to the immediate vicinity and the Property generally. The Committee shall take into consideration, without limitation, the aesthetic aspects of the architectural. designs, drainage, parking and traffic plans, placement of buildings, landscaping, color schemes, exterior finishes and materials and similar features and shall also take into consideration whether the design and construction of the improvements would detrimentally affect the use and enjoyment of other portions of the Property. The Committee shall not be responsible for reviewing, nor shall its approval of any plan or design be deemed approval of any plan or design from the standpoint of structural safety or conformance with building or other codes. DECLARATION - 5 Section 2.9 Variances. The Committee may authorize variances from compliance with any of the provisions of this Declaration when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require or when, in the sole discretion of the Committee, a variance from compliance would not materially adversely affect other Owners. Such variances must be evidenced in writing, must be signed by at least two (2) Members of the Committee. If such variances are granted, no violation of the covenants, conditions and restrictions contained in this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such variance shall not operate to waive any of the terms and provisions of this Declaration for any purpose except as to the particular property and particular provision hereof covered by the variance, nor shall it affect in any way the owner's obligation to comply with all governmental laws.and regulations affecting his use of the Property or portion thereof, including, but not limited to, zoning -ordinances and lot set -back lines or requirements imposed by any governmental or municipal authority. ARTICLE III GENERAL AND SPECIFIC RESTRICTIONS Section 3.1 Structures - Generals. Any and all buildings, structures and other improvements located upon the Property or any part or portion thereof shall be used exclusively for purposes which are allowed under applicable zoning and use regulations, ordinances and laws. 3.1.1 Dimensional Standards. The following shall he minimum dimensional standards for all lots, structures and uses within the Property: Minimum lot street frontage Minimum lot depth Minimum building front. yard Setlback Minimum building flanking street setback Minimum building rear yard setback Minimum building side yard setback DECLARATION - 6 100 feet 12.8 feet 20 feet 20 feet 10 feet (not applicable to property which is adjacent to railroad track) 10 feet Maximum building height 3 stories or 40 feet (which ever is less) Maximum lot coverage (by structures) 55 In addition to the foregoing standards, all lots, structures and uses within the Property shall comply with the requirements set forth on the plat of all or a portion of the Property and with all applicable zoning codes and ordinances. 3.1.2 Architectural Committee Review. No building, street, alley, landscaping, fence or other structure or improvement of any kind or nature shall be built, erected, placed or materially altered on the Property unless and until the building plan specifications and plot plan (as more particularly described in Article II) have been reviewed in advance by the Architectural Committee and the same has been approved in writing by the Committee. It shall not be the intent of these restrictions to control the interior layout or design of said structures. _ Nothing herein shall authorize the construction of any improvements upon the Property until the Owner has acquired all governmental permits and approvals which are conditions precedent to the commencement of construction. 3.1.3 Temporary Structures. No house trailer, mobile home, tent, shack, bam or other similar outbuilding or temporary structure shall be erected or placed on any portion of the Property except for temporary use and then only with the written consent off the Architectural Committee. 3.1.4 Setbacks. No structure or other improvement (exclusive of fences and similar structures) shall be placed nearer to the Lot lines than permitted by the Architectural Committee, the plat for the subdivision in which the structure or improvement is located, applicable law or this Declaration. 3.1.5 Exterior Design. All- buildings and other structures shall be constructed of reinforced concrete or masonry walls or such other materials as are appropriate and customary in a high quality industrial and business park and which are approved by the Architectural Committee. All pumice block, pre -cast and tilt -up walls shall be painted, stained or exposed aggregate. No part of the roof of any structure shall project above the parapet except where necessary according to architectural and engineering specifications for the structure to be of a sound design. DECLARATION - 7 All roof -mounted equipment and ventilators projecting more than two (2) feet above the roof or roof parapet shall be screened from view, such screening to be harmonious (i.e. design, material and color) with the building or structure where located. 3.1.6 Pavement. All parking areas, loading and unloading aprons and areas, streets, alleys and other areas approved by the Architectural Committee shall be paved with concrete or hot asphalt paving ("armor coat" paving shall be allowed only with the express written consent of the Architectural Committee.) The Architectural Committee shall designate such areas for paving as the Committee, in its sole judgment, deems necessary to preserve the overall quality of the Property and to prevent a nuisance. Section3.2 Antennae. No exterior radio antennae, television antenna, or other antennae of any type shall be erected or maintained on the Property without the consent of the Architectural Committee. Section 3.3 Insurance Rates. Nothing shall be done or kept on the Property or on any portion thereof which will increase the rate of insurance -on any property owned by any other Owner, nor shall - anything be done or kept in the Property or any portion thereof which would result in the cancellation of insurance on any property owned or managed by any other Owner or which would be in violation of any law. Section 3.4 Signs. No sign of any kind shall be displayed to the public view without the approval of the Architectural Committee, except such signs as may be used by Grantor in connection with the development of the Property and sale and leasing of the Property or portion thereof, and except such signs of customary and reasonable dimensions as prescribed by the Architectural Committee as may be displayed on or from a portion of the Property advertising the property for sale or lease. Any customary "for sale" or "for lease" signs not more than three (3) feet by two (2) feet shall not require Architectural Committee approval. No signs shall extend from any roof or parapet wall. All signs shall be of such height and width and distance from the ground as shall be approved by the Architectural Committee. Section 3.5 Nuisances. No rubbish, or debris of any kind shall be placed or permitted to accumulate anywhere upon the Property, and no odor shall be permitted to arise there from so as to render the Property or any portion thereof unsanitary, unsightly, offensive or detrimental to any other property in the DECLARATION - 8 vicinity thereof or to its occupants. No noise or other nuisance, including dust; fumes, noise, odor, vibration (other than from highway vehicles and railroad trains), smoke, grease, radiation, radio emission, heat, other pollutants or other conditions in a level, quantity or degree constituting a public or private nuisance or hazard to health, safety or welfare, public or otherwise, shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to any other property in the vicinity or to its occupants. Without limiting the generality of any of the foregoing provisions, no exterior speakers, horns, whistles, bells or other sound devices (other than security devices used exclusively for security purposes) shall be located, used or placed on the Property without the prior written approval of the Architectural Committee. Each Owner shall comply with all local, state and federal environmental ordinances, codes, rules, regulations and laws. Section 3.6 Exterior Maintenance; .Grantee's Obligations. No improvement anywhere within the Property shall be permitted to fall into disrepair and each improvement shall at all times be kept in first class condition and repair. In the event that any Grantee shall permit any improvement which is the responsibility of such Grantee to maintain to fall into disrepair so as to create a dangerous, unsafe, unsightly or unattractive condition, the Grantor or any Owner, upon fifteen (15) days' prior written notice- to the Grantee of such property, shall have the right to correct such condition, and to enter upon such Grantee's property for the purpose of doing so, and such Grantee shall promptly reimburse the Grantor or any Owner for the cost thereof-.. Such cost shall create alien enforceable in the same manner as set forth in Section 2.7.3 of this Declaration. The Grantee of the offending property shall be personally liable, and his property may be subject to a mechanic's lien, for all costs and expenses incurred by the Grantor or any Owner in taking such corrective.. acts, plus all costs, including attorneys' fees, incurred in collecting the amounts due. Each Grantee shall pay all amounts due for such work within ten (10) days alter receipt of written demand therefor. Section 3.7 Drainaqe. There shall. he no interference with the established drainage pattern over any portion of the Property; unless an adequate alternative provision is made for proper drainage and is first approved in writing by the Architectural Committee. For the purposes hereof, "established" drainage is defined as the drainage which exists at the time the overall grading of any portion of the Property is completed by Grantor, or that which is shown on any plans approved by the Architectural Committee. DECLARATION - 9 Section 3.8 Water Supply Systems. No individual water supply system shall be permitted on any portion of the Property unless such system is designed, located, and constructed and equipped in accordance with the requirements, standards, and recommendations of the Architectural Committee and all applicable governmental authorities. Section 3.9 No Hazardous Activities. No activities shall be conducted on any portion of the Property and no improvements constructed on any portion of the Property which are or might be unsafe or hazardous to any person or property. Section 3.10 Outside Storage. No materials, equipment and/or unsightly articles shall be permitted to remain on any portion of the Property as to be visible from any other portion of the Property unless the same shall he screened from view in a manner approved by the Committee or unless such storage or keeping of such items is otherwise approved by the Committee. Without limiting the generality of the foregoing, refuse, garbage and trash shall be kept -at all times in such containers and in areas approved by the Architectural Commitfiee: No lumber, grass, shrub or tree clippings or plant waste; -metals; bulk material or scrap or refuse or trash shall be kept, stored or allowed to accumulate on any portion of the Property except within an enclosed structure or appropriately screened from view in a manner approved by the Committee or otherwise approved by the Committee. Section 3.11 No Unscreened Equipment and Other Vehicles No dilapidated or unrepaired or unsightly vehicles or similar or other equipment shall be placed upon any portion of the Property (including streets and driveways) unless the same are enclosed by a structure concealing them from view in a manner approved by the Architectural Committee. Section 3.12 Sewage Disposal Systems. No individual sewage disposal system shall be used and each Grantee shall hook on to the Meridian City, Idaho Sewer System and pay all charges assessed therefor. Section 3.13 No Mining or Drilling. No portion of the Property shall be used for the purpose of mining, quarrying, drilling, boring or exploring for or removing water, oil, gas or other hydrocarbons,minerals, rocks, stones, gravel or earth. Section 3.14 Energy Devices, Outside. No energy production device, including, but not limited to, generators of any kind and solar energy devices, shall be constructed or maintained on any Property without the written approval of the Architectural Committee, which approval may be premised upon appropriate screening. DECLARATION - 10 Section 3.15 Vehicles. The use of all vehicles and equipment, including, but not limited to, trucks, trains and automobiles, shall be subject to the Architectural Committee Rules and Regulations, which may limit the use thereof within the Property, provide parking regulations or adopt other rules regulating the same. No on -street parking shall be permitted except where expressly designated for parking use. All loading and unloading of vehicles, including railroad cars, shall be conducted solely within loading and unloading areas designated on plans and specifications approved by the Architectural Committee. All on -street loading and unloading shall be prohibited. Section 3.16 Outside lighting Each Grantee shall maintain, replace, and repair, and pay for all power and other costs of operating, any exterior lights. All exterior lighting fixtures shall not project above the face or roofline of a structure and shall be shielded from direct view from streets and the front of such buildings. Section 3.17 Landscaping. Within six (6) months from -the completion of structural improvements, each Grantee shall install the landscaping provided in the plans and specification approved by the Architectural Committee. If no such plans have been submitted or approved, all portions of the Property conveyed to a Grantee by Grantor not covered by a building or other improvement or which are necessary for railroad tracks shall in any event be landscaped or paved within two,(2) years after the conveyance of title or possession of a portion of. the Property to a Grantee (unless such time is extended for good cause by the Architectural Committee). Grantor and all Grantees shall at all times keep all portions of the Property owned by them in a weed free and safe condition. Notwithstanding anything herein contained, al 1. Grantees shall install, maintain and replace and repair a minimum twelve foot (12') wide landscaped strip (from back of curb) along any and all public streets and rights-of-way which are located on or adjacent to such Grantee's property, such landscaping to consist of sod and trees. All trees shall be Norway Maple or Emerald Queen, shall be a minimum one and three-quarter (13/4) inch calipher, shall be spaced forty (40) feet apart, and planted nine and one-half (9 1/2) feet from the back of the curb. All landscaping shall be irrigated by underground sprinkler systems. DECLARATION - 11. --k, r -N Section 3.18 Utilities. All utilities, including telephone, electrical, water, gas, and sewer shall be installed underground. ARTICLE IV DEFINITIONS Section 4.1 " Architectural Committee" shall mean the Committee created pursuant to Article II hereof. Section 4.2 "Lot or Lots" shall mean one or more of the lots platted or to be platted within the Property. - - Section 4.3 "Declaration"- shall mean this•instrument as it maybe amended from time to -time. - - Section 4.4 "Grantee" shall mean any person, corporation, association or partnership who shall hereafter assert or claim any right, title, claim or interest in and to the Property or any lot, block, part or parcel thereof, whether as successor in title or otherwise, and whether voluntary or by operation of law. Section 4.5 "Grantor" shall mean Thomas M. Bevan, a married man, or any person, persons, entity or entities to whom the rights of the Grantor under this Declaration are specifically transferred by the Grantor. Section 4.6 "Owner" shall mean the person or persons or other legal,entity or entities, including Grantor, holding fee simple interest of record to any portion of the Property or any part of the Property, including sellers under executory contracts of sale, but excluding those having such interest merely as security for the performance of an obligation. ARTICLE X MISCELLANEOUS Section 5.1 Term The covenants, conditions and restrictions of this Declaration shall run until December 31, 2030, unless amended as herein provided. After December 31, 2030, such covenants, conditions and restrictions shall -be automatically extended for successive periods of ten (10) years each, unless amended or extinguished by a written instrument executed by Owners owning at least three-fourths (3/4) of the total acreage average within the Property and such written instrument is recorded with the Ada County Recorder. DECLARATION 12 Section 5.2 Amendment. 5.2.1 By Grantor. Until the close of escrow for the sale of any portion of the Property, the provisions of this Declaration may be amended or terminated by Grantor by recordation of a written instrument setting forth such amendment or termination. For the purpose of this Declaration, the close of escrow shall be deemed to be date on which a deed granting a portion of the Property recorded in the Office of the Ada County Recorder.. 5.2.2 By Owners. The provisions of this Declaration (other than Article II hereof which shall require a ninety percent [90%] vote) may be amended by an instrument in writing signed and acknowledged by the Owners owning at least three-quarters (3/4) of the fatal acreage within the Property and such amendment shall be effective upon its recordation in the Ada County Recorder's Office. Section 5.3 Notices. Any notice permitted or required to be delivered as provided herein shall be in writing and may be delivered either personally or by mail. If delivery is -made bymail, it -shall be deemed to have been delivered seventy-two (72) hours after a copy of the same has been deposited in the United States mail, postage prepaid, addressed to any person at the mailing address of such person's property within the Property. Section 5.4 Interpretation. The provisions of this Declaration shall be liberally construed to effectuate their purpose of creating a uniform plan for tire development and operation of the Property. This Declaration shall he construed and governed under the laws of the State of Idaho. Section 5.5 Enforcement and Non -Waiver. 5.5.1 Right of Enforcement. The Grantor or any Owner of any portion of the Property shall have the right to enforce any and all of the provisions hereof against any property within the Property and the Owner (s) thereof. 5.5.2 Violations and Nuisances. The failure of any Owner of a portion of the Property to comply with any provision hereof is hereby declared a nuisance and will give rise to a cause of action in the Grantor, or any Owner or Owners of a portion of the Property for recovery of damages, lien foreclosure, if appropriate, or for negative or affirmative injunctive relief or both. DECLARATION - 13 5.5.3 Violation of Law. Any violation of any state, municipal or local law, ordinance or regulation pertaining to the ownership, occupation or use of any property within the Property is hereby declared to be a violation of this Declaration and subject to any or ,all of the enforcement procedures set forth in this Declaration. 5.5.4 Remedies Cumulative. Each remedy provided herein is cumulative and not exclusive and does not limit any remedy which any Owner may have against another Owner at law or in equity. 5.5.5 Non -Waiver. The failure to enforce any of the provisions herein at any time shall not constitute a waiver of the right to enforce any such provision or any other provision of said restrictions. Section 5.6 Interpretation. 5.6.1 Restrictions Construed Together. All of the provisions hereof shall be liberally ~- construed together to promote and -effectuate the fundamental concepts of the Property as set forth in the - preamble of this Declaration. 5.6.2 Restrictions Severable. Notwithstanding the provisions of the foregoing Section 5.6.1, each of the provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity of enforceability of any other provision. 5.6.3 Singular Includes Plural.. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine or neuter shall each include the masculine, feminine and neuter. 5.6.4 Captions. All captions and titles used in this Declaration are intended solely for convenience o -f reference and shall not affect that which is set forth in any of the provisions hereof. DECLARATION 14 Section 5.7 Reservation of Easements. Grantor expressly reserves for the benefit of all the Property reciprocal easements of access, ingress and egress for all Owners to and from their respective property for installation and repair of utility services, for drainage of water over, across or upon adjacent property resulting from the normal use of adjoining property, and for necessary maintenance and repair of any improvement. Such easements may be used by Grantor, its successors, purchasers, and all Owners, their guests, tenants and invitees, residing on or temporarily visiting the Property, for pedestrial walkways, vehicular access and such other purposes reasonably necessary for the use and enjoyment of the Property or portion thereof. Grantor hereby further reserves the right to grant such other and further easements, rights-of-way, licenses and permits over, across, and on the Property as the Grantor, in its reasonable discretion, deems necessary or proper to develop, sell and/or lease the Property. IN WITNESS WHEREOF, Thomas van By: RIX DECLARAT ON - 5 We have hereunto set our hands and seals this 27TH day of April , 2000. STATE OF IDAHO) ss. County of Ada) On this 27 th day of April, 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared THOMAS M. BEVAN, known to me to be the owner of CAFARELLI INDUSTRIAL PARK, the individual that executed the within and foregoing instrument, and acknowledged to me that he executed the within and foregoing instrument on his own behalf. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year in this certificate first written above. Notary bhc for Idaho ..... �. .. ... gt46Y±+Efb�a My commission expires: 316, -,re zoo 6 iii OOOB 060e9 � "A N B6� O d A 'O Y m 0 I? � O O °pUBLIC OF a I 1D;%'4;� '. Residing at Boise, Idaho r .� WARRANTY DEED ADDENDUM A LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN NORTH, RANGE 11 WESEAST HALF OF THET, BOIS OMERIDIANUTHEAST �ADA TER OF SECTION 11, TOWNSHIP 3 NO , COUNTY IDAHO; MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A 518" DIA. IRON PIN MARKING THE CORNER COMMON TO SECTIONS 11,12, 13 AND 14, TOWNSHIP 3 NORTH, RANGE -1 WEST, BOISE MERIDIAN: THENCE SOUTH 89 DECREES 16' 00" WEST 1172.00 FEET ALONG THE SECTION LINE COMMON TO SAID SECTIONS 11 AND 14, ALSO BEING THE CENTERLINE OF FRANKLIN ROAD, TO A POINT; THENCE LEAVING SAID SECTION LINE NORTH 0 DECREES 58' 55" WEST 30.00 FEET TO AN IRON PIN ON THE NORTH RIGHT-OF-WAY OF SAID FRANKLIN ROAD, ALSO BEING THE REAL POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY LINE, CONTINUING NORTH 0 DEGREES 58' 55" WEST 681.36 FEET TO AN IRON PIN MARKING THE INTERSECTION OF THE WEST PARCEL BOUNDARY AND THE CENTER LINE OF EIGHT -MILE LATERAL; THENCE ALONG SAID CENTERLINE OF EIGHT -MILE LATERAL, THE FOLLOWING COURSES AND DISTANCES: THENCE SOUTH 40 DEGREES 10' 57" EAST 393.69 FEET TO A POINT; THENCE SOUTH 46 DEGREES 45' 51" EAST 37.69 FEET TO A POINT; THENCE SOUTH 67 DEGREES 14'36" EAST 30.85 FEET TO A POINT; THENCE SOUTH 81 DEGREES 52' 16" EAST 190.81 FEET TO A POINT; THENCE SOUTH 70 DEGREES 22'01" EAST 86.56 FEET TO AN IRON PIN MARKING THE INTERSECTION OF SAID EIGHT -MILE LATERAL CENTER LINE WITH THE EAST PARCLE BOUNDARY; . THENCE LEAVING SAID CENTERLINE OF EIGHT -MILE LATERAL SOUTH 0 DEGREES 58'55" EAST 279.37 FEET TO AN IRON PIN ON SAID NORTH RIGHT-OF- WAY OF FRANLIN ROAD; THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 89 DECREES 16' 00" WEST 573.50 FEET TO THE REAL POINT OF BEGINNING. County .-j4i 4way 2ijt,i,t Judy Peavey -Derr, President 318 East 37th Street Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner e-mail: tellus@achd.ada.id.us CCI Group 4202 N. Marcliffe Avenue, Suite 101 Boise, ID 83704 Re: Staff Level Approval Cafarelli Industrial Subdivision Facts and Findings: June 2, 2000 Franklin Road w/o Linder Road 3 Industrial Lots 1. The Ada County Highway District (ACHD) staff has received the above referenced application requesting subdivision approval for three industrial lots on 5.4 acres. The site is located on the north side of Franklin Road, approximately 500 -feet west of Linder Road. This development is estimated to generate 300 vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. The District previously reviewed this site as MSPR-24-99 on March 27, 2000. That application was a site plan review for a single warehouse buildings. The current application is a subdivision of the original application site. 2. There is a large parcel to the north of this site (see attached location map) that has no direct lot access to either Franklin Road (south) or Linder Road (east). The submitted site plan shows that the current applicant anticipates granting a 60 -foot access easement to the northern parcel on the east current applicant's site. The northern parcel has the potential for generating up to 800 daily vehicle trips. The single access should be adequate for this level of traffic volume. The District previously reviewed an application for an industrial development (MSPR-14-98) on Linder Road adjacent to the northern parcel's eastern property line. That parcel has been designed to provide a future public street access between the northern parcel and Linder Road. 3. The original review of this site (MSPR-24-99) approved two driveways for the parcel in the locations shown on the application. Those driveways met current District policy for the required offset distance from adjacent driveways. If the applicant provides either a cross access easement or a future public or private street in the eastern 60 -feet of Lot 3, the proposed driveways will not meet District policy for the required offset distance from the new intersection. The requirements detailed below are based upon the assumption that this applicant will provide either a cross access easement or a future public or private street in the eastern 60 -feet of Lot 3. 4. The application and site plan stamped as received by the City of Meridian, and submitted to the District on May 19, 2000, have been reviewed by the ACHD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. This is a staff level approval and will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Planning and Development staff decision is submitted as described within the Standard Requirements outlined below. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: Dedicate 48 -feet of right-of-way from the centerline of Franklin 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 all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 2. Locate a 24 to 30 -foot wide driveway, approximately 210 -feet west of the east property line as a shared driveway between Lots 1 and 2. Pave the driveway its full required width and at least 30 - feet beyond the edge of pavement of Franklin Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. Locate a driveway intersection within the 60 -foot easement in the eastern portion of Lot 3. Coordinate the driveway/public street intersection design with District staff. Pave the access its full required width and at least 30 -feet beyond the edge of pavement of Franklin Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 4. Construct 5 -foot wide concrete sidewalk on Franklin Road abutting the three parcels. Locate the sidewalk within 2 -feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. Provide the District with a recorded cross access agreement among the three parcels for shared access to the public street system. 6. Provide the District with a recorded cross access agreement across Parcel 3 for access to the parcel to the north for the shared access to the public street system. 7. Utility street cuts in the new pavement are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file number) for details. As required by District policy, restrictions on the width, number and locations of driveways shall be placed on future development of this parcel. Other than the access point specifically approved with this application, direct lot or parcel access to Franklin Road is prohibited. Standard Requirements: This decision of the Planning and Development Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another party within 15 calendar days from the date of this report. 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 request will be heard by the District Commission at an evening meeting within 20 calendar days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. 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 days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of it's original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building constriction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. CAFARELLI.SLA.DOC Page 3 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. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 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. Any change by the applicant in the plarmed 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. 8. 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. Conclusion of Law: 9. 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 ACHD Planning and Development staff at 387-6170. Sincerely, Larry Sale Planning and Development Supervisor cc: Project file Lead agency CAFARELLI.SLA.DOC Page 4 �KIN. saw z" ._� .. •w. >W awl ' prp eco- F a.s .,aea]e j VAP7 HESS ktx ` S, ],.,1•.ta �fi .l.S•tln•i S[,BDI'4'Ij7pN . � fir'? -_ •^' ♦'�`� �� 8 �.{� /^—.� a :1 •. ry? _ Vicinity _N13p ' Cafarelli Commercial Site � w i n»i::la A parcel of land located in the East S=: of The southeast !% of Section 1 I T.3N., R.I Boise Meridian, Ada Count\,, Idaho. < sr I„- �.a„- : n] Scale I = 300' i 8 I^,•^ 3 ■ •` _ � '1� ice. �� I a � 1 � \ _� �KIN. saw z" ._� .. •w. >W awl ' prp eco- F a.s .,aea]e j VAP7 HESS ktx ` S, ],.,1•.ta �fi .l.S•tln•i S[,BDI'4'Ij7pN . � fir'? -_ •^' ♦'�`� �� 8 �.{� /^—.� a :1 •. ry? _ Vicinity _N13p ' Cafarelli Commercial Site � w i n»i::la A parcel of land located in the East S=: of The southeast !% of Section 1 I T.3N., R.I Boise Meridian, Ada Count\,, Idaho. < sr I„- �.a„- : n] Scale I = 300' 3 zi 3al� I1 NJ H� "'JJHi11 n ii 1, C P.03 aRDRD-REQUEST OF MSPR-24-99 . T.3N., R.1 W., $ection 11 ADA COUNTY RECORDER Ads County Kohway Gistri�:, .t. DAVID NryAYAARF:O C D[p 2DDDAP-6 AN11=32 7 100026080 TO CORRECT GRANTOR NAME ON WARRANTY DEED RECORDED I-1.3-00 AS INSTRUMENT NO. 10000351.6, RECORDS OF ADA COUNTY, IDAHO WARRANTY DEED THIS INDENTURE, made this k day of rev `; " , 2029 by THOMAS M. BEVAN, JR., a married man as his sole and separate property, the "GRANTOR", and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, the "GRANTEE"; WITNESSETH: FOR VALUE RECEIVED, the GRANTOR has granted, conveyed, bargained and sold, and does hereby grant, bargain, sell, convey and confirm to the GRANTEE and its successors and assigns forever, that certain real property situated in the COUNTY OF ADA, STATE OF IDAHO, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof, TOGETHER with all and singular the buildings, structures, improvements and fixtures thereto, the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, and rents, issues and profits thereof (the "Premises"); SUBJECT TO general taxes for the current year, easements of record or obvious on a physical inspection of the Premises, any recorded reservation of oil and/or mineral rights and covenants of record. Subject to those exceptions to title to which this conveyance is expressly made subject and those made, suffered or done by the GRANTEE: (a) the GRANTOR covenants to the GRANTEE, its successors and assigns, that the GRANTEE shall enjoy the quiet and peaceful possession of the Premises; and (b) GRANTOR warrants to the GRANTEE, its successors and assigns, that GRANTOR is the owner of said Premises in fee simple and has the right and authority to convey the same to GRANTEE, and GRANTOR will defend the GRANTEE's title from all lawful claims whatsoever. The current address of the GRANTEE is; Ada County Highway District 318 East 37th Street Garden City, Idaho 83714-6499 Warranty Deed (October 29, 1999), page 1 P.04 IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed by GRANTOR, the day, month and year herein first above written. By: STATE OF IDAHO ) ) ss. County of Ada ) On this day ofrlV , 20�, before me, uYH �. div - ,�rozyx , a Notary Public in and for the State of Idaho, personally appeared Thomas M. Bevan, Jr., known or proved to me to be the person who executed the foregoing instrument, and acknowledged to me that he 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. Warranty Deed (October 29, 1999), page 2 • _ . 9, .: • Residing at I,daho My • . expires A9111- Warranty i its v -11-J9 07:15 B & 'ng;neers, INC 20834-, X92 i �• -�;vju2 1406 CONSULTING ENGINEERS AND SURVEYORS 5505 W. Franklin Road Boise. Idaho 83705-1055 Telephone - (208) 343-3381 • Fax (208) 342-5792 LEGAL DESCRIPTION RIGHT-OF-WAY DEDICATION TO ACRD For Bill Cafarelli, Cascade Builders A PARCEL OF LAND LOCATED IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATA 518" DIA. IRON PIN MARKING THE CORNER COMMON TO SECTIONS 11, 12,13 AND 14, TOWNSHIP 3 NORTH, RANGE I WEST, BOISE MERIDIAN; THENCE SOUTH 89016'00" WEST, 1172.00 FEET ALONG THE SECTION LINE COMMON TO SAID SECTIONS I 1 AND 14, ALSO BEING THE CEN'T'ERLINE OF FRANKLIN ROAD; THENCE LEAVING SAID SECTION LINE NORTH 0058'55" WEST, 30.00 FEET TO AN IRON PIN ON THE EXISTING NORTHERLY RIGHT-OF-WAY OF SAID FRANKLIN ROAD, WHICH IS ALSO THE REAL POINT OF BEGINNING: THENCE CONTINUING NORTH 0058'55" WEST, 18.00 FEET; THENCE NORTH 89011 EAST 573.50 FEET ALONG A LINE PARALLEL TO AND 48.00 FEET NORTHERLY OF SAID SECTION LINE COMMON TO SAID SECTIONS I I AND 14; THENCE SOUTH 0°58'55" EAST, 18.00 FEET TO THE EXISTING RIGHT-OF-WAY LINE OF SAID FRANKLIN ROAD; THENCE SOUTH 89016'00" WEST, 573.50 FEET ALONG A LIN E PARALLEL TO AND 30.00 FEET NORTHERLY OF THE SECTION LINE COMMON TO SAID SECTIONS 11 AND 14, ALONG THE EXISTING NORTH RIGHT-OF-WAY OF FRANKLIN ROAD, TO THE REAL POINT OF BEGINNING. COMPRISING 10,323 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD APPARENT. EXHIBIT "A" 2, R to I6 171 P. 05 P.02 n �- ; ' Nile �a��'c.•� Did;.�� c ori %�S Subd_on - The result of an act of dividing an original lot, tract or parcel of land into edication of a two (2) or more Parts. The term "subdivision shall elso �cHowever,de the dthis Ordinance public street and the addition to, or creation of, acerY shall not apply to any of the following: l An allocation of land in the settlement of an estate of a decedent or a court decree for the distribution of property; 2 The unwilling sale of land as a result of legal condemnation as defined and allowed in the Idah_ o Code• 3. The widening of existing streets to conform to the Meridian Comprehensive Plan; 4, The acquisition of street rights-of-way by a public agency in conformance with the Meridian Comprehensive Plan; and 5. The exchange of land for the purpose of straightening property boundaries which does not result in the change of the present land usage. -- F -11VED euG 2 8 2000 CITY ,OF'RI��" BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR CAFARELLI INDUSTRIAL SUBDIVISION BY: BILL CAFARELLI, APPLICANT 07-19-00 Case No. PP -00-012 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on July 18, 2000, and Shari Stiles, Planning and Zoning Administrator, and Gary Smith, Public Works Director, appeared and testified, and appearing and testifying was owner of the property, Thomas Bevan, and no one appeared in opposition, and the City Council having received a report from Bruce Freckleton, Engineering Technician III, and Shari Stiles, Planning and Zoning Administrator, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "PRELIMINARY PLAT OF CAFARELLI INDUSTRIAL SUBDIVISION, DATE: NOV, 8, 1999, SHEET 1 OF 1, DWG. NO.: SDS -991108, By: B. &-A. ENGINEERS, INC., THOMAS M. BEVAN, JR./OWNER, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: BILL CAFARELLI FOR CAFARELLI INDUSTRIAL SUBDIVISION / (PP -00-012) - 1 BILL CAFARELLI/APPLICANT, for CAFARELLI INDUSTRIAL SUBDIVISION," submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned Light Industrial District (I -L), and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 C.] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions -hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: BILL CAFARELLI FOR CAFARELLI INDUSTRIAL SUBDIVISION / (PP -00-012) - 2 requested by the Planning and Zoning Administrator and the Assistant City Engineer and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT OF CAFARELLI INDUSTRIAL SUBDIVISION, DATE: NOV, 8, 1999, SHEET 1 OF 1, DWG. NO.: SDS -991108, By: B. SLA. ENGINEERS, INC., THOMAS M. BEVAN, JRJOWNER, BILL CAFARELLI/APPLICANT, for CAFARELLI INDUSTRIAL SUBDIVISION." DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: BILL CAFARELLI FOR CAFARELLI INDUSTRIAL SUBDIVISION / (PP -00-012) - 3 The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT OF CAFARELLI INDUSTRIAL SUBDIVISION, DATE: NOV, 8, 1999, SHEET 1 OF 1, DWG. NO.: SDS -991108, By: B. SLA. ENGINEERS, INC., THOMAS M. BEVAN, JR./OWNER, BILL CAFARELLVAPPLICANT, for CAFARELLI INDUSTRIAL SUBDIVISION," is hereby conditionally approved; and 2. The conditions of approval are as follows to -wit: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 2.1 Sanitary sewer service to Lots 2 and 3 of this development shall be via extensions from existing mains installed in Franklin Road. Service to Lot 1 is not available at this time. Lot 1 shall be served from a branch of the future Black Cat Trunk. If this subdivision is approved, sanitary restrictions shall remain in force on Lot 1. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 2.2 Water service to this site shall be via an extension from the existing main installed in Franklin Road. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. 2.3 Underground year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains shall not be allowed. Applicant shall be required to utilize any existing surface or well water for the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: BILL CAFARELLI FOR CAFARELLI INDUSTRIAL SUBDIVISION / (PP -00-012) - 4 primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire landscaped area. 2.4 Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa Sz Meridian Irrigation District. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the landscaped area along Franklin Road prior to signature on the final plat. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire landscaped area. 2.5 That the landscape buffer for Lot 1 and Lot 2 remain at 35 feet; the landscape buffer for Lot 3 shall be 20 feet. 2.6 The landscape buffer along Franklin Road shall be placed within a permanent landscape easement beyond the future right-of-way and designated as such on the plat. The landscape buffer area be bermed and that no stormwater retention area be allowed within the landscaped setback unless design details are submitted that clearly show the area will comply with the goals of the Comprehensive Plan. If these areas are indeed retention ponds, standing water within the ponds could be a common occurrence and create nuisance conditions. Depressed areas for stormwater detention do not create an aesthetically pleasing appearance desired along entryway corridors. 2.7 Detailed landscape plans for the Franklin Road landscape buffer shall be submitted for review and approval with the Final Plat application. A letter of credit or cash surety shall be required for the improvements prior to City signature on the Final Plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: BILL CAFARELLI FOR CAFARELLI INDUSTRIAL SUBDIVISION / (PP -00-012) - 5 2.8 The driveway locations as shown do not meet Ada County Highway District requirements. A shared driveway approach is to be located on the common property line between Lots 1 and 2. The driveway on Lot 3 is to be removed, with access to be taken from the 60' access easement/public or private road on the eastern property boundary. All driveway locations are to be in compliance with Ada County Highway District requirements. 2.9 There is an existing landlocked piece of property north of the Eight Mile Lateral that is adjacent to this property. A 60 -foot -wide access easement is shown on the easterly boundary of the plat. Although the Ada County Highway District references a future public road to the landlocked parcel from Linder Road, no plans have been submitted for approval by the City of Meridian. All roadways shall be in compliance with Ada County Highway District requirements. There shall be a removal only when the 60 foot road becomes public. 2.10 No waiver of the tiling requirement has been requested for the Eight Mile Lateral. If the Eight Mile Lateral is not piped, permanent, non- combustible fencing shall be required along the easement of the Eight Mile Lateral. Submit detailed fencing plans for review and approval with submittal of the Final Plat. All required fencing is to be in place prior to issuance of building permits. 2.11 The proposed restrictive covenants submitted with the preliminary plat need to be reviewed by the City Attorney and approved by the Meridian City Council. The dimensional standards shown on page 6 appear to be incorrect and do not meet City Ordinance requirements. The minimum front setback requirement in an I -L zone is 35 feet. 2.12 Add "and City of Meridian Zoning Schedule of Use Control" to the end of Note 11. 2.13 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall be approved by FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: BILL CAFARELLI FOR CAFARELLI INDUSTRIAL SUBDIVISION / (PP -00-012) - 6 the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2.14 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 2.15 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance ( Ord. 11-13) . 2.16 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance ( Ord. 11- 13-4) and in accordance with Americans with Disabilities Act (ADA) requirements. 2.17 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 2.18 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 1 1-13-4.C. and 12-5-2.M. 2.19 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-14). No temporary signage, flags, banners or flashing signs shall be permitted. 2.20 Provide five -foot -wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 2.21 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.22 Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: BILL CAFARELLI FOR CAFARELLI INDUSTRIAL SUBDIVISION/ (PP -00-012) - 7 conform. 2.23 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 2.24 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian for all commercial uses. 2.25 Two -hundred -fifty and 100 -watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Adopt the Central District Health Department's Recommendations as follows: 2.26 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2.27 Run-off is not to create a mosquito breeding problem. 2.28 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.29 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Ada County Highway District as follows: 2.30 Dedicate 48 -feet of right-of-way from the centerline of Franklin 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: BILL CAFARELLI FOR CAFARELLI INDUSTRIAL SUBDIVISION/ (PP -00-012) - 8 2.31 Locate a 24 to 30 -foot wide driveway, approximately 210 -feet east of the west property line as a shared driveway between Lots 1 and 2 as proposed. Pave the driveway its full required width and at least 30 -feet beyond the edge of pavement of Franklin road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 2.32 Locate a temporary driveway as proposed approximately 140 feet west of the east property line. This temporary driveway shall be eliminated when a shared driveway or public street is constructed within the existing 60 -foot access easement. Pave the access its full required width and at least 30 -feet beyond the edge of pavement of Franklin road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 2.33 Construct 5 -foot wide concrete sidewalk on Franklin Road abutting the three parcels. Locate the sidewalk within 2 -feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. 2.34 Provide the District with a recorded cross access agreement among the three parcels for shared access to the public street system. 2.35 Provide the District with a recorded cross access agreement across Parcel 3 for access to the parcel to the north for the shared access to the public street system. 2.36 Utility street cuts in the new pavement are not allowed unless approved in writing by the District. 2.37 Restrictions on the width, number and locations of driveways shall be placed on future development of this parcel. 2.38 Other than the access point specifically approved with this application, direct lot or parcel access to Franklin Road is prohibited. Adopt the Recommendations of the Nampa S& Meridian Irrigation District as follows: 2.39 The Nampa &- Meridian Irrigation District's Von and Eightmile Laterals FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: BILL CAFARELLI FOR CAFARELLI INDUSTRIAL SUBDIVISION/ (PP -00-012) - 9 course along the north boundary of the proposed project. Any encroachments within the easement of the Von or Eightmile Lateral shall be approved with a License Agreement. By action of the City Council at its regular meeting held on the 1 Sr da of D USt- , 2000. y ROLL CALL: COUNCILMAN ANDERSON COUNCILMAN BIRD COUNCILWOMAN DeWEERD COUNCILWOMAN McCANDLESS VOTED: C yC VOTED: Ll& e VOTED: C -Cg Z VOTED: MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED: MOTION: APPROVED. DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: ated: City Clerk msg/ZAWork\M\Meridian 15360M\Cafarelli Industrial Sub PP\FfClsOrd.PP FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: BILL CAFARELLI FOR CAFARELLI INDUSTRIAL SUBDIVISION/ (PP -00-012) - 10 July 24, 2000 MERIDIAN CITY COUNCIL MEETING APPLICANT Robert Glenn August 1, 2000 NOMMI ITEM NO. C REQUEST Findings: Preliminary Plat approval for proposed Wanda's Meadow Subdivision of 26 building lots and 2 other lots on 7.99 acres acres in an R-4 zone north of Ustick Road west of Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Findings CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: �� �V NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted:N_W2 eAeVvt, L*V\i Date: a(p pQ Phone: Materials presented at public meetings shall become property of the City of Meridian. June 9, 2000 MERIDIAN PLANNING & ZONING MEETING: June 13 2000 APPLICANT: THOMAS M. BEVAN, JR. ITEM NUMBER: 9 REQUEST: PRELIMINARY PLAT FOR 5.4 ACRES ZONED IL FOR CAFARELLI INDUSTRIAL SUBDIVISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING & ZONING DEPT. SEE STAFF COMMENTS CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTEWATER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: SEE COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS.- AS:SANITARY SANITARYSERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Come (208) 288-2499 • Fax 288-2501 CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 Keith Bird MERIDIAN, IDAHO 83642 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING City Clerk Office Fax (208) 888-4218 DEPARTMENT Cherie McCandless (208) 884-5533 • Fax 888-6854 MEMORANDUM: June 9, 2000 To: Planning & Zoning Commission/Mayor & City Council R_i CT'7,IVEj) From: Bruce Freckleton, Senior Engineering Technician 1 , j U N 0 3 2000 Shari Stiles, Planning & Zoning Administrator City of Meridian Re: CAFARELLI INDUSTRIAL SUBDIVISION Cit. Clerk Offing Request for Preliminary Plat — 3 Lots on 5.4 Acres by Thomas M. Bevan, Jr. We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY: The Preliminary Plat application proposes to create three separate industrial lots in an I -L zone. The parcel is a portion of what was annexed in 1980 as the "Linder Road Industrial Park". A building to be occupied by Interstate Batteries is being constructed on proposed Lot 3 of the plat. ACRD staff has prepared a draft report on the Preliminary Plat. The application will not be scheduled for ACRD Commission approval unless the applicant contests any of the conditions of approval. LOCATION: The property is generally located on the north side of Franklin Road, with the property's westerly boundary approximately one-quarter mile west of Linder Road. It is designated as Existing Urban in the Comprehensive Plan. SURROUNDING PROPERTIES: North — The Eight Mile Lateral and a landlocked vacant parcel of land. South — Franklin Road and residential property on the south side of Franklin Road. East — Industrial parcel formerly occupied by Gull Pest Control. West — Agricultural ground with a single-family residence, which is in the City of Meridian and zoned I -L. Cafarelli Industrial Sub.PP.doc PP -00-012 Mayor, Council and P.- June .June 9, 2000 Page 2 CURRENT OWNERS OF RECORD: Thomas M. Bevan, Jr., is the current property owner and has submitted his consent for both applications. SITE SPECIFIC REQUIREMENTS: Sanitary sewer service to Lots 2 and 3 of this development will be via extensions from existing mains installed in Franklin Road. Service to Lot 1 is not available at this time. Lot 1 will be served from a branch of the future Black Cat Trunk. If this subdivision is approved, sanitary restrictions will remain in force on Lot 1. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 2. Water service to this site will be via an extension from the existing main installed in Franklin Road. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department. 3. Underground year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire landscaped area. 4. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa & Meridian Irrigation District. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the landscaped area along Franklin Road prior to signature on the final plat. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire landscaped area. 5. The Comprehensive Plan designates Franklin Road as an entryway corridor. As such, staff recommends the Franklin landscape buffer be a minimum of 35 feet in width beyond the required right-of-way and constructed by the developer as a condition of the plat. This AZ -00.008, PP -00-008 Cafarelli Indushial Sub.PP.doc Mayor, Council and Pc... June 9, 2000 Page 3 requirement does not include interior lot landscaping. Interior landscaping on each lot will be dealt with on a site -by -site review basis as part of the Certificate of Zoning Compliance and building permit process. The 20 -foot -wide landscape area shown on the plat was discussed when minimum requirements were detailed for construction of the Interstate Batteries building; however, staff feels the 35 -foot requirement placed on other plats/conditional use permit applications is warranted. A- —s no --&eve of -pnen greement or conditional use permit is required for this preliminary plat, conditions beyond ordinance requirements cannot be imposed. This statement is included for informational and discussion purposes only. ��C✓ 6. The landscape buffer along Franklin Road shall be placed within a permanent landscape easement beyond the future right-of-way and designated as such on the plat. Staff recommends that the landscape buffer area be bermed and that no stormwater retention area be allowed within the landscaped setback unless design details are submitted that clearly show the area will comply with the goals of the Comprehensive Plan. If these areas are indeed retention ponds, standing water within the ponds could be a common occurrence and create nuisance conditions. Depressed areas for stormwater detention do not create an aesthetically pleasing appearance desired along entryway corridors. 7. Detailed landscape plans for the Franklin Road landscape buffer shall be submitted for review and approval with the Final Plat application. A letter of credit or cash surety will be required for the improvements prior to City signature on the Final Plat. 8. The driveway locations as shown do not meet Ada County Highway District requirements. A shared driveway approach is to be located on the common property line between Lots 1 and 2. The driveway on Lot 3 is to be removed, with access to be taken from the 60' access easement/public or private road on the eastern property boundary. 9. There is an existing landlocked piece of property north of the Eight Mile Lateral that is adjacent to this property. A 60 -foot -wide access easement is shown on the easterly boundary of the plat. Although the Ada County Highway District references a future public road to the landlocked parcel from Linder Road, no plans have been submitted for approval by the City of Meridian The 60 -foot -wide access easement shall be shown as a public road unless approved as a private road by the City Council. 10. No waiver of the tiling requirement has been requested for the Eight Mile Lateral. If the Eight Mile Lateral is not piped, permanent, non-combustible fencing shall be required along the easement of the Eight Mile Lateral. Submit detailed fencing plans for review and approval with submittal of the Final Plat. All required fencing is to be in place prior to issuance of building permits. 11. The proposed restrictive covenants submitted with the preliminary plat need to be reviewed by the City Attorney and approved by the Meridian City Council. The dimensional standards shown on page 6 appear to be incorrect and do not meet City AZ -00-008, PP -00-008 Cafarelli Industrial Sub.PP.doc Mayor, Council and P,.. June 9, 2000 Page 4 Ordinance requirements. feet. The minimum front setback requirement in an I -L zone is 35 12. Add "and City of Meridian Zoning Schedule of Use Control' to the end of Note 11. GENERAL REQUIREMENTS: 1. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance (Ord. 11-13). 4. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-13-4) and in accordance with Americans with Disabilities Act (ADA) requirements. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 6. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. and 12-5-2.M. 7. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-14). No temporary signage, flags, banners or flashing signs will be permitted. 8. Provide five -foot -wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 9. All construction shall conform to the requirements of the Americans with Disabilities Act. 10. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 11. Coordinate fire hydrant placement with the City of Meridian Public Works Department. AZ -N 0 , PP -00-" Cafamili industrial Sub.PP.doc Mayor, Council and P, June 9, 2000 Page 5 12. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian for all commercial uses. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for any over payment of assessments, or payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 13. Two -hundred -fifty and 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 14. If possible, respond in writing to the each of the comments contained in this memorandum, prior to the scheduled June 13, 2000 hearing by the Meridian Planning and Zoning Commission. Submit ten copies of revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. AZ -00 -WS, PP -00-008 Cafarelli Industrial Sub.PP.doc cla ENTRAL DISTRICT 'HL ALTH DEPARTMENT Rezone # < %JTRAL DISTRICT HEALTH DEF TMENT Environmental Health Division Con ' ' nal Use ## mina_ri / Final / Short Plat Return to: ❑ Boise ❑ Eagle Garden City Meridian Kuna ❑ ACZ ❑ I . We have No Objections to this Proposal. MAY `goo ❑ 2. We recommend Denial of this Proposal. CY OF IMERMILN ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ 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. Afte?Interi ten approval from appropriate entities are submitted, we can approve this proposal for: central sewage ❑ community sewage system ❑ community water well m sewagecentral water [3 individual sewage individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines central water 10. 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: Reviewed By: CDHD 10/91 rcb, rev. 7/97 Review Sheet CENTRAL 00 DISTRICT P1T' H E A LT H DEPARTMENT MAIN OFFICE • 707 N. AWSTI<GNG ?L. - 30ISE. 083704-0825 - (208)375-52 I I • ;..AX( 227.,;;0C To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promwe the health and quality u% otu• errvirnnnrerrt STORM WATER MANAGEMENT RECOMMENDATIONS It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catalog of Stormwater Best Illlanagement Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. Ado / Boise County Office 707 N. Armsrong ?I. Boise. iD 83704 �nviro. Health: 327-7499 gamily Planning. 327-7400 immunizations: 327-7450 Senior Nutrition: 327-7460 INNC. 327-7488 FAX 327-8500 Serving valley, Elmore, Boise, and Ada Counties Ada -WIC Satellite Office 1606 Robert St. Boise. 10 83705 Ph. 334-3355 FAX: 334.3355 Elmore County Office 520 E. 8th Street N. Mountain Home. ID 83647 Enviro. Health: 587-9225 Family Health: 587-4407 WIC: 587-44C9 FAX. 587-3521 Valley County Office 703 N. I st Street PC), Box 1448 MCC011, 10 83638 Ph 634-7194 FAX. 634-21 74 May 23, 2000 Will Berg, City Clerk Meridian Planning & Zoning Commission 33 East Idaho Meridian, ID 83642 FC MA-f 2 E moo IIV .Ji, Mf?ridia • • nye 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Re: PP -00-012 Cafarelli Industrial Subdivision Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District's Von and Eightmile Laterals course along the north boundary of the proposed project. Any encroachments within the easement of the Von or Eightmile Lateral must be approved with a License Agreement. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 V'2r-e1/r ' l i16lu t- Sob CITY OF MERIDIAN PRELIMINARY SUBDVISION PLAT CHECKLIST INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED APPLICATIONS MUST BE SUBMITTED THIRTY (30) DAYS PRIOR TO NEXT REGULARLY SCHEDULED P&Z MEETING. ITEM DESCRIPTION COMIVIENTS/DATE V t . Pre -application submittal meeting held V 2. Thirty (30) copies of the completed and executed written application form J3. Proof of current ownership of the real property included in the preliminary plat and consent of recorded owners j4. Name and address of party to receive billings/correspondence J5. Legal description of subdivision prepared and stamped by Registered Land Surveyor 6. Thirty (30) copies of the preliminary plat with dimensions of not less than 24" x 36", drawn to a scale suitable to insure clarity of all lines, dimensions and other data. Preliminary plats shall include: d.. Proposed Subdivision Name Drafting date ;e Sectional location of plat - County North arrow Scale of plat (not smaller than V= Names, addresses and telephone numbers of owner, subdivider or subdividers and engineer, surveyor or planner who prepared the preliminary plat; .- Statement of intended use of the proposed subdivision (Le., residential single-family, two-family and multiple housing, commercial, industrial, recreational or agricultural) �i Sites proposed for parks, playgrounds, schools, C churches or other public uses Streets, street names, rights-of-way and roadway widths, including adjoining streets or roadways; of Z"_� PRELIMINARY PLAT CHECKLIST ITEM DESCRIPTION 7 8. Lot lines and blocks showing scaled dimensions and numbers of each; XLegend of symbols Minimum residential house size Contour lines, shown at 5' intervals where land Page 2 of 3 COMMENTS/DATE slope is greater than 10% and at 2' intervals where land slope is 10% or less, referenced to an established benchmark, including location and elevation; �n Any proposed or existing utilities, including, but 7"11 C jud-"' �k Pei /D �'► /��� 5 not limited to, storm and sanitary sewers, S e7e irrigation laterals, ditches, drainage, bridges, culverts, water mains, fire hydrants, streetlights, pressurized irrigation and their respective profiles o. Any dedications to the public and/or easements together with a statement of location, dimensions and purposes of such p. Master street drainage plan including method of disposal and approval from the affected drainage district q. Floodplain boundary as determined by FEMA or measures to amend this boundary r. Stub streets to provide access to adjacent undeveloped land or existing roadways (block lengths do not exceed 1,000) s' Cul-de-sac lengths not in excess of 450' A statement as to whether or not a variance will be requested with respect to any provision of the Ordinance describing the particular provision, the variance requested, and the reason therefor A statement of development features ac o oc�✓�'r✓ f `� /V,1 1CIO ✓4 9. A map of the entire area scheduled for development if the proposed subdivision is a portion of a larger / holding intended for subsequent development �� PRELIMINARY PLAT CHECKLIST Page 3 of 3 ITEM DESCRIPTION COMMENTS/DATE J10. Thirty (30) copies of a vicinity map showing a minimum 1/2 -mile radius from exterior boundaries of plat, including land use and existing zoning of proposed subdivision and adjacent land (scale optional) IZ 11. Thirty (30) copies of a 1 "=300' scale map on 8 V2" x 11" paper indicating all adjacent development and/or lots of record within 300' of any boundary of the proposed development, with the layout of the proposed development in bold outline. Request list of property owners within 300' of property seven (7) days prior to submitting application. -. 12. A statement of traffic impact on existing adjacent roadways and intersections 13. Four (4) sets of conceptual engineering plans, including respective profiles 16 14. Fee Paid - $300.00 + -"L.ots @ $10.00/L.ot X330 0 certified mailings @ $1.73/mailing x 2 15. Proposed restrictive covenants and/or deed restrictions 1 16. A site report for establishment of the highest seasonal groundwater elevation 17. Other Information as Requested by Administrator, City Engineer, Planning & Zoning Commission, or City Council r, REVIEW BY: Shari Stiles, Planning & Zoning Administrator. Gary D. Smith, P.E., City Engineer APPLICATION ACCEPTANCE DATE: BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN 07-19-00 IN THE MATTER OF THE ) Case No. PP -00-012 REQUEST FOR PRELIMINARY ) PLAT FOR CAFARELLI ) FINDINGS OF FACT AND INDUSTRIAL SUBDMSION ) CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL BY: BILL CAFARELLI, ) APPROVAL OF PRELIMINARY APPLICANT ) PLAT The above entitled matter coming on regularly for public hearing before the City Council on July 18, 2000, and Shari Stiles, Planning and Zoning Administrator, and Gary Smith, Public Works Director, appeared and testified, and appearing and testifying was owner of the property, Thomas Bevan, and no one appeared in opposition, and the City Council having received a report from Bruce Freckleton, Engineering Technician III, and Shari Stiles, Planning and Zoning Administrator, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "PRELIMINARY PLAT OF CAFARELLI INDUSTRIAL SUBDIVISION, DATE: NOV, 8, 1999, SHEET 1 OF 1, DWG. NO.: SDS -991108, By: B. &-A. ENGINEERS, INC., THOMAS M. BEVAN, JR./OWNER, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: BILL CAFARELLI FOR CAFARELLI INDUSTRIAL SUBDIVISION/ (PP -00-012) - I BILL CAFARELLIAPPLICANT, for CAFARELLI INDUSTRIAL SUBDIVISION," submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned Light Industrial District (I -L), and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 C.] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions -hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: BILL CAFARELLI FOR CAFARELLI INDUSTRIAL SUBDIVISION/ (PP -00-012) - 2 requested by the Planning and Zoning Administrator and the Assistant City Engineer and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT OF CAFARELLI INDUSTRIAL SUBDIVISION, DATE: NOV, 8, 1999, SHEET 1 OF 1, DWG. NO.: SDS -991108, By: B. &-A. ENGINEERS, INC., THOMAS M. BEVAN, JRJOWNER, BILL CAFARELLI/APPLICANT, for CAFARELLI INDUSTRIAL SUBDIVISION." DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: BILL CAFARELLI FOR CAFARELLI INDUSTRIAL SUBDIVISION / (PP -00-012) 3 The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT OF CAFARELLI INDUSTRIAL SUBDIVISION, DATE: NOV, 8, 1999, SHEET 1 OF 1, DWG. NO.: SDS -991108, By: B. SLA. ENGINEERS, INC., THOMAS M. BEVAN, JR./OWNER, BILL CAFA.RELLI/APPLICANT, for CAFARELLI INDUSTRIAL SUBDIVISION," is hereby conditionally approved; and 2. The conditions of approval are as follows to -wit: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 2.1 Sanitary sewer service to Lots 2 and 3 of this development shall be via extensions from existing mains installed in Franklin Road. Service to Lot 1 is not available at this time. Lot 1 shall be served from a branch of the future Black Cat Trunk. If this subdivision is approved, sanitary restrictions shall remain in force on Lot 1. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 2.2 Water service to this site shall be via an extension from the existing main installed in Franklin Road. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. 2.3 Underground year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains shall not be allowed. Applicant shall be required to utilize any existing surface or well water for the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: BILL CAFARELLI FOR CAFARELLI INDUSTRIAL SUBDIVISION/ (PP -00-012) - 4 primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire landscaped area. 2.4 Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa &. Meridian Irrigation District. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the landscaped area along Franklin Road prior to signature on the final plat. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire landscaped area. 2.5 That the landscape buffer for Lot 1 and Lot 2 remain at 35 feet; the landscape buffer for Lot 3 shall be 20 feet. 2.6 The landscape buffer along Franklin Road shall be placed within a permanent landscape easement beyond the future right-of-way and designated as such on the plat. The landscape buffer area be bermed and that no stormwater retention area be allowed within the landscaped setback unless design details are submitted that clearly show the area will comply with the goals of the Comprehensive Plan. If these areas are indeed retention ponds, standing water within the ponds could be a common occurrence and create nuisance conditions. Depressed areas for stormwater detention do not create an aesthetically pleasing appearance desired along entryway corridors. 2.7 Detailed landscape plans for the Franklin Road landscape buffer shall be submitted for review and approval with the Final Plat application. A letter of credit or cash surety shall be required for the improvements prior to City signature on the Final Plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: BILL CAFARELLI FOR CAFARELLI INDUSTRIAL SUBDIVISION / (PP -00-012) - 5 2.8 The driveway locations as shown do not meet Ada County Highway District requirements. A shared driveway approach is to be located on the common property line between Lots 1 and 2. The driveway on Lot 3 is to be removed, with access to be taken from the 60' access easement/public or private road on the eastern property boundary. All driveway locations are to be in compliance with Ada County Highway District requirements. 2.9 There is an existing landlocked piece of property north of the Eight Mile Lateral that is adjacent to this property. A 60 -foot -wide access easement is shown on the easterly boundary of the plat. Although the Ada County Highway District references a future public road to the landlocked parcel from Linder Road, no plans have been submitted for approval by the City of Meridian. All roadways shall be in compliance with Ada County Highway District requirements. There shall be a removal only when the 60 foot road becomes public. 2.10 No waiver of the tiling requirement has been requested for the Eight Mile Lateral. If the Eight Mile Lateral is not piped, permanent, non- combustible fencing shall be required along the easement of the Eight Mile Lateral. Submit detailed fencing plans for review and approval with submittal of the Final Plat. All required fencing is to be in place prior to issuance of building permits. 2.11 The proposed restrictive covenants submitted with the preliminary plat need to be reviewed by the City Attorney and approved by the Meridian City Council. The dimensional standards shown on page 6 appear to be incorrect and do not meet City Ordinance requirements. The minimum front setback requirement in an I -L zone is 35 feet. 2.12 Add "and City of Meridian Zoning Schedule of Use Control" to the end of Note 11. 2.13 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall be approved by FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: BILL CAFARELLI FOR CAFARELLI INDUSTRIAL SUBDIVISION/ (PP -00-012) - 6 the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2.14 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 2.15 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance ( Ord. 11-13) . 2.16 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11- 13-4) and in accordance with Americans with Disabilities Act (ADA) requirements. 2.17 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 2.18 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 1 1-13-4.C. and 12-5-2.M. 2.19 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-14). No temporary signage, flags, banners or flashing signs shall be permitted. 2.20 Provide five -foot -wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 2.21 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.22 Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: BILL CAFARELLI FOR CAFARELLI INDUSTRIAL SUBDIVISION / (PP -00-012) - 7 conform. 2.23 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 2.24 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian for all commercial uses. 2.25 Two -hundred -fifty and 100 -watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Adopt the Central District Health Department's Recommendations as follows: 2.26 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health SL Welfare, Division of Environmental Quality. 2.27 Run-off is not to create a mosquito breeding problem. 2.28 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.29 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Ada County Highway District as follows: 2.30 Dedicate 48 -feet of right-of-way from the centerline of Franklin 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: BILL CAFARELLI FOR CAFARELLI INDUSTRIAL SUBDIVISION/ (PP -00-012) - 8 2.31 Locate a 24 to 30 -foot wide driveway, approximately 210 -feet east of the west property line as a shared driveway between Lots 1 and 2 as proposed. Pave the driveway its full required width and at least 30 -feet beyond the edge of pavement of Franklin road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 2.32 Locate a temporary driveway as proposed approximately 140 feet west of the east property line. This temporary driveway shall be eliminated when a shared driveway or public street is constructed within the existing 60 -foot access easement. Pave the access its full required width and at least 30 -feet beyond the edge of pavement of Franklin road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 2.33 Construct 5 -foot wide concrete sidewalk on Franklin Road abutting the three parcels. Locate the sidewalk within 2 -feet of the new right-of-way. Coordinate the location, elevation and grade of the sidewalk with District staff. 2.34 Provide the District with a recorded cross access agreement among the three parcels for shared access to the public street system. 2.35 Provide the District with a recorded cross access agreement across Parcel 3 for access to the parcel to the north for the shared access to the public street system. 2.36 Utility street cuts in the new pavement are not allowed unless approved in writing by the District. 2.37 Restrictions on the width, number and locations of driveways shall be placed on future development of this parcel. 2.38 Other than the access point specifically approved with this application, direct lot or parcel access to Franklin Road is prohibited. Adopt the Recommendations of the Nampa S& Meridian Irrigation District as follows: 2.39 The Nampa & Meridian Irrigation District's Von and Eightmile Laterals FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: BILL CAFARELLI FOR CAFARELLI INDUSTRIAL SUBDIVISION / (PP -00-012) - 9 course along the north boundary of the proposed project. Any encroachments within the easement of the Von or Eightmile Lateral shall be approved with a License Agreement. By action of the City Council at its regular meeting held on the (S r day of 0 uk , 2000. ROLL CALL: COUNCILMAN ANDERSON VOTED: C�ye COUNCILMAN BIRD VOTED: (Zt & C, COUNCILWOMAN DeWEERD VOTED: COUNCILWOMAN McCANDLESS VOTED: MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED: MOTION: APPROVED. DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By:�,ated: U�r L' U L) City Clerk msg/ZAWorkVvf\Meridian 15360KCafarelli Industrial Sub PP\FfClsOrd.PP FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT BY: BILL CAFARELLI FOR CAFARELLI INDUSTRIAL SUBDIVISION / (PP -00-012) - 10 July 24, 2000 "111 MERIDIAN CITY COUNCIL MEETING August 1, 2000 APPLICANT Robert Glenn ITEM NO. C REQUEST Findings: Preliminary Plat approval for proposed Wanda's Meadow Subdivision of 26 building lots and 2 other lots on 7.99 acres acres in an R-4 zone - north of Ustick Road west of Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Findings CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH:/ NAMPA MERIDIAN IRRIGATION: w1l) SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: 4� 1(0�(p,,ev, , L4V\./ Date: -1d(p p0 Phone: Materials presented at public meetings shall become property of the City of Meridian. -Certified Mailing Retul`- Project Name File No(s) er Date of Hearing Name Address Reason for Return 7 # rO /v f -'/I O 0D Gr93l L AW Va Swi-I S - -1l9cro 4 Pak "-4 K,� GuV 71// 000 P 0 l IYOS mw- AJO I�t d � a ^ 00 p co m E N Ln M Lr)m 0�0 Obi v O o N C CC LQL) C N Ln N uNi 'EoQ Y O d wEU mo'`L U ttS 2 � U LL L a) O OL C) a6 E C) a) V- co U LL U) — U 0 D x O m L N Q m O U a) LL 2 a) U O c �D �y c z U)U crL El El a w �- = U 0 d � a ^ 00 p co .--) Ln N Ln M Lr)m 0�0 Obi v O o N C Ln Ln Ln Lr) N C � 0 C �� m L N d ° U m¢ :_ oIL)a o 7 o Q 3 > U U� azco c 0 Id C N co N E. a) d c Q C y f0 o C E N d '.`-� E y tNp d C N Oxy U -c,, U C `� = V f°y z U j 7 't: Q U ui M N ch o u z C) a N -4 N M O C7 g ❑❑❑❑ a) M tND t0 V N N N N a r E `L v CL ❑ a 'o a x y W CC c U U❑❑❑❑ a n n yw�� y c c �i c c T m ` o mciO _ a w m @ Z c c C •n a 'c 'G m a� ~ )a U) IE 10 a E ci O 2 Il;p4� *g1)� -) l O L U G a U C O — __ N E c m D O 7 m — 6 E m m X C xCO'p O m cw E T �o LLpo E a) m d nw� y O a) aa)) i0'w m ;?E E) U "o N cog co . o c 'm E -r- c EjL E N X 0 0 0 ammo caEop a x (no L � N a) ~ � O t6 E12 (oc d E E � � a c p C j m 0 0 -oE�o.NE O) O a a) c C nEa'- � 15) c. do$Ernm C O g U ico E22 C .o m =- °6 'o m C m « u E= y U O a) N d Ncmm� O m m r a L a1 c c a aoimomm _ o'ain m m O I IC O 0 0 a_ Em z > d rQ C4 c V ao a ^ 00 p co .--) Ln N Ln M Lr)m 0�0 Obi v O o N C Ln Ln Ln Lr) 1-4 �� N d oIL)a o a U U� azco E E N d T Z.0O C m e N ch o u LL U)E a N C7 LO In CO I� 00 0)OT T r r T r T F- J d z Q O C J r N NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on July 18, 2000, for the purpose of reviewing and considering the application of Thomas M. Bevan, Jr., for Preliminary Plat approval for proposed Cafarelli Industrial Subdivision of 3 building lots on 5.4 acres in an I -L zone generally located on the north side of Franklin Road west of Linder Road. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours generally located at 33 East Idaho. 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 15th day of June, 2000 PUBLISH June 30th and July 14th, 2000 WILLIAM G. BERG, JW, CITY CLERK �,,krrrrtttotttlttl�l��ff OF SEAL Vicinity Cafarelli Commercial Site A parcel of land located in the East :r- of The southeast 1/t of Section 11 T.3N., R.IW., Boise .Meridian, Ada County, Idaho. Scale 1" = 300' a ,' •, vnJW= 8 8 tea'- � � g o �-�._ g � � ��s, Vicinity Cafarelli Commercial Site A parcel of land located in the East :r- of The southeast 1/t of Section 11 T.3N., R.IW., Boise .Meridian, Ada County, Idaho. Scale 1" = 300' a \ � z Sul- \\ 51211-1— ,J,,.,.—PrpSul PI-02ct i Sul - Fre, A It 1i4 RocLd ; 31 y VAN HESS i '� SGBDI�'ISiflN _ Vicinity Cafarelli Commercial Site A parcel of land located in the East :r- of The southeast 1/t of Section 11 T.3N., R.IW., Boise .Meridian, Ada County, Idaho. Scale 1" = 300' a CAFARELLI INDUSTRIAL SUBDIVISION PROPERTY OWNERS WITHIN 300' (PP) VAN AUKER RONALD W 3084 LANARK MERIDIAN ID 83642-0000 2170 W FRANKLIN RD MARTIN ELAINE 6236 E HUNT AVE NAMPA ID 83687-0000 W FRANKLIN RD MAGLECIC STEVEN C & PATRICIA R 65 CLEAR CREEK DR MERIDIAN ID 83642-5209 199 N LINDER RD BEV -AN THOMAS M JR 4202 N MARCLIFFE AVE BOISE ID 83704-0000 1790 W FRANKLIN RD WINGETT GARY & ROSALIE 2440 N PLAZA EMMETT ID 83617-0000 N LINDER RD STORKAN OLIVER D & CAROL A 22491 CANADA RD STAR ID 83669-5018 1680 E FRANKLIN RD GULL SCOTT D & GULL GAIGH 2358 W SONOMA CT MERIDIAN ID 83642-4359 1720 W FRANKLIN RD CAT NON TERRY OREN 2075 W FRANKLIN RD MERIDIAN ID 83642-5441 KELLEY J PERRY & KELLEY SALLY R 1805 KINSELL DR WEISER ID 83672-1173 1845 W FRANKLIN RD VANHEES LARRY ET AL PO BOX 866 MERIDIAN ID 83680-1212 119 S LINDER RD June 9, 2000 MERIDIAN PLANNING & ZONING MEETING: June 13 2000 APPLICANT: THOMAS M. BEVAN JR. ITEM NUMBER: 9 REQUEST: PRELIMINARY PLAT FOR 5.4 ACRES ZONED IL FOR CAFARELLI INDUSTRIAL SUBDIVISION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING & ZONING DEPT CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTEWATER DEPT: CITY WATER DEPT: COMMENTS SEE STAFF COMMENTS MERIDIAN SCHOOL DISTRICT: SEE COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS 2 L JL` All Materials presented at public meetings shall become property of the City of Meridian. 3 MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 - Fax 888-6854 June 9, 2000 To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Senior Engineering Technician j U N Q n Shari Stiles, Planning & Zoning Administrator o X000 �f;'ity of Meridian; Re: CAFARELLI INDUSTRIAL SUBDIVISION t'ity Clerk Offic., Request for Preliminary Plat — 3 Lots on 5.4 Acres by Thomas M. Bevan, Jr. We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY: The Preliminary Plat application proposes to create three separate industrial lots in an I -L zone. The parcel is a portion of what was annexed in 1980 as the "Linder Road Industrial Park"- A building to be occupied by Interstate Batteries is being constructed on proposed Lot 3 of the plat. ACRD staff has prepared a draft report on the Preliminary Plat. The application will not be scheduled for ACHD Commission approval unless the applicant contests any of the conditions of approval. LOCATION: The property is generally located on the north side of Franklin Road, with the property's westerly boundary approximately one-quarter mile west of Linder Road. It is designated as Existing Urban in the Comprehensive Plan. SURROUNDING PROPERTIES: North — The Eight Mile Lateral and a landlocked vacant parcel of land. South — Franklin Road and residential property on the south side of Franklin Road. East — Industrial parcel formerly occupied by Gull Pest Control. West — Agricultural ground with a single-family residence, which is in the City of Meridian and zoned I -L. Cafarelli Industrial Sub.PP.doc PP -00-012 Mayor, Council and P&Z June 9, 2000 Page 2 CURRENT OWNERS OF RECORD: Thomas M. Bevan, Jr., is the current property owner and has submitted his consent for both applications. SITE SPECIFIC REQUIREMENTS: 1. Sanitary sewer service to Lots 2 and 3 of this development will be via extensions from existing mains installed in Franklin Road. Service to Lot 1 is not available at this time. Lot 1 will be served from a branch of the future Black Cat Trunk. If this subdivision is approved, sanitary restrictions will remain in force on Lot 1. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 2. Water service to this site will be via an extension from the existing main installed in Franklin Road. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department. 3. Underground year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire landscaped area. 4. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa & Meridian Irrigation District. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the landscaped area along Franklin Road prior to signature on the final plat. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire landscaped area. 5. The Comprehensive Plan designates Franklin Road as an entryway corridor. As such, staff recommends the Franklin landscape buffer be a minimum of 35 feet in width beyond the required right-of-way and constructed by the developer as a condition of the plat. This AZ -00-008, PP -00-M Cafare8i Industrial SubPP.doc Mayor, Council and P&Z June 9, 2000 Page 3 requirement does not include interior lot landscaping. Interior landscaping on each lot will be dealt with on a site -by -site review basis as part of the Certificate of Zoning Compliance and building permit process. The 20 -foot -wide landscape area shown on the plat was discussed when minimum requirements were detailed for construction of the Interstate Batteries building; however, staff feels the 35 -foot requirement placed on other plats/conditional use permit applications is warranted. As no development agreement or conditional use permit is required for this preliminary plat, conditions beyond ordinance requirements cannot be imposed. This statement is included for informational and discussion purposes only. 6. The landscape buffer along Franklin Road shall be placed within a permanent landscape easement beyond the future right-of-way and designated as such on the plat. Staff recommends that the landscape buffer area be bermed and that no stormwater retention area be allowed within the landscaped setback unless design details are submitted that clearly show the area will comply with the goals of the Comprehensive Plan. If these areas are indeed retention ponds, standing water within the ponds could be a common occurrence and create nuisance conditions. Depressed areas for stormwater detention do not create an aesthetically pleasing appearance desired along entryway corridors. 7. Detailed landscape plans for the Franklin Road landscape buffer shall be submitted for review and approval with the Final Plat application. A letter of credit or cash surety will be required for the improvements prior to City signature on the Final Plat. 8. The driveway locations as shown do not meet Ada County Highway District requirements. A shared driveway approach is to be located on the common property line between Lots 1 and 2. The driveway on Lot 3 is to be removed, with access to be taken from the 60' access easement/public or private road on the eastern property boundary. 9. There is an existing landlocked piece of property north of the Eight Mile Lateral that is adjacent to this property. A 60 -foot -wide access easement is shown on the easterly boundary of the plat. Although the Ada County Highway District references a future public road to the landlocked parcel from Linder Road, no plans have been submitted for approval by the City of Meridian The 60 -foot -wide access easement shall be shown as a public road unless approved as a private road by the City Council. 10. No waiver of the tiling requirement has been requested for the Eight Mile Lateral. If the Eight Mile Lateral is not piped, permanent, non-combustible fencing shall be required along the easement of the Eight Mile Lateral. Submit detailed fencing plans for review and approval with submittal of the Final Plat. All required fencing is to be in place prior to issuance of building permits. 11. The proposed restrictive covenants submitted with the preliminary plat need to be reviewed by the City Attorney and approved by the Meridian City Council. The dimensional standards shown on page 6 appear to be incorrect and do not meet City AZ -004M, PP -00-008 Cafarelli Industrial Sub.PP.dce Mayor, Council and P&Z June 9, 2000 Page 4 Ordinance requirements. The minimum front setback requirement in an I -L zone is 35 feet. 12. Add "and City of Meridian Zoning Schedule of Use Control" to the end of Note 11. GENERAL REQUIREMENTS: 1. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance (Ord. 11-13). 4. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-13-4) and in accordance with Americans with Disabilities Act (ADA) requirements. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 6. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. and 12-5-2.M. 7. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-14). No temporary signage, flags, banners or flashing signs will be permitted. 8. Provide five -foot -wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 9. All construction shall conform to the requirements of the Americans with Disabilities Act. 10. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 11. Coordinate fire hydrant placement with the City of Meridian Public Works Department. AZ -004)M, PP-o" Cafes fli Industrial .Sub.PP.doc n Mayor, Council and P&Z June 9, 2000 Page 5 12. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian for all commercial uses. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for any over payment of assessments, or payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 13. Two -hundred -fifty and 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 14. If possible, respond in writing to the each of the comments contained in this memorandum, prior to the scheduled June 13, 2000 hearing by the Meridian Planning and Zoning Commission. Submit ten copies of revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. AZ -00.008, PP -00-008 Cafareffi Industrial SubPP.doc CE CENTRAL DISTRICT HEALTH DEPARTMENT Rezone ## CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division Conditional Use # �__P_rdiminaq / Final / Short Plate --c7_', — C / Z— ❑ 7 ❑ 12. ❑ 13 14. We have No Objections to this Proposal. We recommend Denial of this Proposal. Return to: ❑ Boise ❑ Eagle Garden City Meridian Kuna ❑ ACZ MAY 2 4 2000 CITY OF MERIDIAN Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. We will require more data concerning soil conditions on this Proposal before we can comment. 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 This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. After w�tten 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 The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ] central sewage F1community sewage system F1community water ❑ sewage dry lines IYKC entral water Run-off is not to create a mosquito breeding problem. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store ';" i?ii ,��T�' SiD� ��fr�r� Date: G'Gtg6-1-- " 1�ec &.0 - Reviewed By: '~ "Co���� CDHD 10191 rd, rev. 1/97 Review Sheet CqU CENTRAL DISTRICT IHEUTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. - BOISE. ID 83704-0825 - (208) 375-5211 - rAX 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORM WATER MANAGEMENT RECOMMENDATIONS It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. Ada / Boise County Office 707 N. Armsrong PI. Boise. ID 83704 Enviro. Health: 327-7499 Family Planning: 327-7400 Immunizations: 327-7450 Senior Nutrition: 327-7460 WIC. 327.7488 FAX: 327-8500 Serving Valley, Elmore, Boise, and Ada Counties Ada -WIC Satellite Office Elmore County Office 1606 Robert St. 520 E. 8th Street N. Boise. 10 83705 Mountain Home, 10 83647 Ph. 334-3355 Enviro. Health: 587-9225 FAX: 334-3355 Family Health: 587-4407 WIC: 587-4409 FAX: 587-3521 Valley County Office 703 N. Is, Street PC). Box 1448 McCall. 10. 83638 Ph. 634-7194 FAX: 634-2174 May 23, 2000 _ ^ R E'vED MAY 2 IS 2000 City of Meridiani "itv Clerk Offir Will Berg, City Clerk Meridian Planning & Zoning Commission 33 East Idaho Meridian, ID 83642 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Re: PP -00-012 Cafarelli Industrial Subdivision Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District's Von and Eightmile Laterals course along the north boundary of the proposed project. Any encroachments within the easement of the Von or Eightmile Lateral must be approved with a License Agreement. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Sent By: City of Meridian; 2088885854; Jun -13-00 1:05PM; Page 2 Jun -13-00 11:24 13 &—A Engineers, INC 20E—T25792 P-02 1-. b 1 da �ountc� 4way 2ij&o Dave Sivens, vice presltfent 318 East 37th Street Martyss Meyer, Secretary Garden City, toaho 83714-6499 Sherry R. Huber, Commissioner Phone (208).387-6100 SUsen S. Eastlake, Commissioner Fax (208) 387-6391 e-mail: teNue achd.ada.id.us CCI Group 4202 N. N12rcliflfe Avenuc, Suite 101 Hoist, In 83704 Re: Staff Level Approval - Revised Cafarclli Industrial Subdivision )Facts and Findings: June 13, 2000 Franklin Roof w/o Linder Road Citv, n1 Meridia.i: erk Off ( J�e # 9 3 Industrial sots The Ada County Highway District (ACRD) staff has received the above referenced application requesting subdivision approval for three industrial lots on 5.4 acres, The site is located on the north side of Franklin Road, approxunately 500 -feet west of Linder Road. This development is estimated to generate 300 vehicle trips per day based on the Institute of Transportation Engineers Trip Generation matwal. Tho District previously t'eviewed this site as MSPR-24-99 on March 27, 2000. That application was a site plan review for a single warehouse buildings. The cttrrcr►r application is a subdivision Of the origittrl application site. There is a large parcel to the north of this site (see attached location Wrap) that has no direct lot access to either Franklin Road (south) or binder Road (east)- The submirted site plan shows that the current applicant anticipates granting a 60 -foot access easernent to die northern parcel out the cast current applicant's site. The ncwthcrn parcel has the potential for generating tqt to 800 daily vChIcle trips. The sinirlc access should be adequate fol' this )Qvet of traffic volume. ` The District previously reviewed an application for an industrial development (NISPR-14-98) on Linder Road adjacent to the northern pairel's eastern propert} lint. That parcel has been 4caitrned to pmvILfe a future pttb)'c sweet access between the northern parcel and Linder Road. Pape l Cai'arelli Industrtai Subdivision JUN 13 '00 13:02 2088886854 PAGE.02 Sent By: City ort meridian; 2088885854; Jun -13-00 1:06PM; oun-t;s-00 11:25 B &—A Englneev-S, INC 20E-12 5792 Page 3 P-03 •-- b6 i. T'hc original review of this site (MSPR-24-99) approved two drivewitys for the parcel in the locations shown on the application. Those driveways met current District policy for the rcquirccl Offset distance from adjacent driveways, if the applicant provides either a cross access easement or a future public or private street in the eastern 60 -feet of Lot 3, the proposed driveways will not meet District policy for the required offset distance front' the ncly intersection. The requirements detailed below are based apon the assumption that this applicant will provide either a cross access easettrrnt or a future public or Private street in the eastern 60 -feet of Lot 3, 1. The application and site plan stamped as received by the City of Meridian, District on May 19, 2000, and submirtrd r() the have been reviewed by the ACRD Planning and Development staff and conforms to epplicablc District standardslpolicy, or can be made to conform with the change(s) tu the plan described in the requirements stated below. This is a staff level approval and will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Planning and Development staff decision is subinilied as de within the Standard Requirements outlined below. The follow'" Site Specifk Requirements and Staa,dard Requirements must be met oi- provided for prior to ACII{D approval of the (anal plat: Site Specific Requirements: Dedicate 48 -feel of tight -of -way from the centerline of Franklin Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warTly deed prior to issuance of a building permit (of other required permits), whichever occurs first. The owner will be compensated for all ,right-of-way dedicated as an addition to existing right-of-way from available impact fec "evet)ues in this benefit zone, if the owner submits a letter of applicationto the iirip an fee administrator prior to breaking ground, in accordance with Section 15 of ACl HD Ordinance MISS. Locale a 24 to 30 -foot wide drii•cway, approximately 210 -feet cast of the %vest property line as a shared driveway between Lots 1 and 2 as proposed. Pave the driveway its full required width Eind at least 30 -feet beyond the edge of pavement of Franklin Road and install pave►nem tapers with 15 -foot radii abutting the existing roadway edge. Locate a tel11porary driveway as proposed approximately. 140 -feet ti% est of tltc east property line_ 'Phis tcntpoiary driveway will be eliminated when a shared driveway st public street �s constructed ivithili the existing 60 -foot access easement. Pave the access its full required ctiidth Page 2 Cafarelfi Industrial Subdivision JUN 13 100 13:02 2eeeee6854 PAGE.03 Sent By: City or Meridian; 2088886854; Jun -13-00 1:06PM; Page 416 Jun -13- 00 11:25 B &—A Eng i nears , INC 20E-�25792 P.04 t%nd at 1C.1s1 304ect beyond the ctlgc of p3%,ement of rrarrklin Road and install pavement t:tpej-5 with 15 -root radii abutting the existing roadway edge_ 1 Construct 5 -foot wide concrete sidewalk on Franklin Road abutting the three parcels. Locate the sidewalk within 2 -feet ofthe nein right-of-way. Coordinate the location, el�vation and grade of the side -alk with Diswict staff. S. PrO-Vide the District with a recorded cross access agreement among the three parcels for shared access to the public street system. �,. Provide the District with a recorded cross access agreement across Parcel 3 for access to the Palccl w thr north for the shared access to the public street system. Utility street cuts m the new pavement are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file number) for details. As requited by District policy, restrictions otx the width, number and locations of dr be placed out future development of this parccl. dr" shall Other- than the accass point specifically approved with this application, direct lot or parccl access to Franklin Road is prohibited. Standard Requirements: This decision of the Planning and Development Supervisor may be appealed to the Ada County High'A'ay District Commission by the applicant or' by another party within 15 catettdar days from Clic date ofthis report. The I Qui-st 1, �y each ren ,i CtaSnt rn bg reconsid ret{ nrt ;,�,..t„ae Q W17tten e��(-action ofuhv c,urh �`�'''"`�` mrnt S � 1;311I11Lhardshtt7 0__ ang�tuty The request will be heard by the District Commission at all evening meeting within 20 calendar days of die District's receipt of the appeal letter. The appellant will be notified of the date and time of the Comi-nission meeting. A fuer ACHD Commi$Sian action, any request for reconsideration of the Commission's action shall be tirade in writing to the Planning and Development Supervisor �7thitl action and shall include a minimum fee of Sl 10,00. The reaLe�r rt,r rr%it citune drr.'ldays oft on shat: dau.1hal was 11 V .l b �ItsonSldere t anA rt]Cft1Ac� writer Irlic icst for reconsideration will be heard by the District Commission at tlu next regular rnet►ia1g oftrhe Commission, if the Commission agrees to reconsider the action, the applicant will be roti Getl �i the state and time Of Commission meeting at which the reconsideration will be beard. l'AFA K41.11 'A A LAX Page 3 JUN 13 100 13:03 2oeee66854 PAGE.04 Sent By: City of 44eridian; 2088885854; Jun -13-00 1:06PM; Page 5/6 Jun -13-00 11:26 B &..-A Eng inotars , INC 20F"t25792 P _ 05 r.tig �• Paymcr►t of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada Cuurlty highway District Road Impact Fcc Ordinance. 4. All design and construction shall he in accordance with the Ada County Highway District Police Manual. iSPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived hcreut. An engineer registered in the Statc or Idaho shall prepare and terrify all improvement plans. �• The applicant shall submit revised plans for staff approval, prior to issuanec of building permit (or other required permits), which incorporates any required design changes. G. Construction, use and pinporty development shall be in confonatance with all applicable requiWrents of the Ada County Highway District prior to District approval for occupancy. 7- Any change by the applicant in the planned use of the property wMch is the subject of this application. shall require the applicant to comply with all rules, regulations, ordinances. plans, or other rexulatory and legal rcstrictioiis in fot"ce at the bate 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 w'aivCr/variance of said requirements or other legal relief is granted pursuant tc the law in effect at the time the change in use is sought. 3. No change in the trrnns 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 represenlative of the Ada County Highway District, The burden shell be upon the applicant to obtain wrilleo confirmation of any change f orn the Adz County Highway District, Page 4 JUN 13 '00 13=03 2088886854 PAGE.05 Sent By: City ort meridian; 2088885854; Jun -13-00 1:07PM; Page 6/6 Jun -13-00 11:26 B &--A Engln+gers, INC 2OB"125792 P.O6 r . a;� ConOusion of Low: V. .BCH D rmluirements are intended to assure that the proposed useMevc1opnlent will not place In urtduc tuu-cien on the existing vehicular a,td pedestrian transportation system within the victnitv itnpactcd by the proposed development, Should you have any questions or comments, please contact the ACHD Planniag and Dcvclopment staftat 387-6170, Sincewly, F-arry '*'a Plannn and Development Supervisor cc: Project Me Lead agency Page 5 JUN 13 '00 13.03 2088886854 PAGE.06 Thomas MBevan, Jr. 4202 N. Marcliffe Ava Boise, Idaho 83704 208-323-7873 June 13, 2000 City of Meridian Planning & Zoning Commission / Mayor & City Council 33 East Idaho Meridian, Idaho 83642 iuNt3tuoo per OF Au"N RE: CAFARELLI INDUSTRIAL SUBDIVISION Request for Preliminary Plat — 3 lots on 5.4 Acres by Thomas M. Bevan, Jr. Ref: P & Z comments as provided by Mr. Bruce Freckleton, Senior Engineering Technician Ms. Shari Stiles, Planning and Zoning Administrator, Dated June 9, 2000 Dear Commissioners, His Honor the Mayor and Members of the City Council, We reviewed the memorandum comments of P & Z staff, referenced above and would much appreciate an opportunity to comment as follows: Site Specific Requirements: 1) We agree to service Lots 2 and 3 via extensions from existing mains installed in Franklin and Lot 1 to be under restriction pending further development or proposals. 2) Water service is to be provided as stated and information requested to be forthcoming to appropriate city personnel. 3) We agree to provide pressurized irrigation to the landscape areas from existing site waters. 5) We ask an exception to the recommendation the Franklin landscape buffer be 35 feet in width beyond the required right-of-way. As staff noted, a 20 -foot -wide landscape area was approved by the City for the Interstate Battery building built on Lot 3. . (EXHIBIT A ) It is our opinion the landscape buffer would be more attractive if it were uniform in width the whole length of the subdivision. The staffs states that conditions beyond ordinance requirements cannot be imposed and in this case we believe it more aesthetically appealing if the landscape buffer be uniform to the standard previously approved. 6) We agree to provide a permanent landscape easement for the landscape buffer. It staff prefers not to have storm water retention in the landscape areas we agree not to do so. We will drain storm water in to retention areas beneath the surface. 7) Landscape plans will be provided with the Final Plat application. 8 & 9) The driveway locations for Lots 1 and 2 will be amended to be a shared driveway as recommended by staff and Ada County Highway District. However, we would ask an exception to the removal of the previously approved driveway for Lot 3. We would prefer to leave this driveway intact, and as originally approved by the City of Meridian, (EXHIBIT A ) as we have built a building on Site 3, incorporating the approved driveway into an integral part of the structure. Ada County Highway District would prefer to allow this previously approved driveway for Lot 3 to remain on a temporary basis.. (EXHIBIT B ) As stated in the exhibit, this temporary driveway will be eliminated when a shared driveway or public street is constructed within the existing 60 foot access easement. This temporary driveway would provide access to our Lot 3, but at the same time keep ACHD's options open should either or both of two preferred access options become unavailable. If either or both of these two options were approved, ACHD would prefer they be no direct access to Franklin from the northern piece. Ada County Highway District prefers an access road to the existing landlocked piece of property north of the Eight Mile Lateral, adjacent to this property, be provided off Linder Road (EXHIBIT C ) As P&Z staff advises in their comment No. 9, ACHD references a future public road to the landlocked parcel from Linder Road. No plans have been submitted for approval of the City of Meridian, however, ACHD staff advises they have reached an agreement on terms and conditions with the applicant and the submittal process and dedication agreements are currently under process for this access road. Ada County Highway District has also received an initial inquiry into an application for another road that will also provide access to this same area. (EXHIBIT C ) This road is just south of the previously mentioned road. Ada County Highway District staff members advised us they would prefer either of these or both of these accesses over placing an access road on our 60 ft easement for the following reasons. a) The Linder based roads can access the northern piece of property, without the necessity of a bridge. They prefer not to have the extra expense to maintain a bridge, especially for the limited usage estimated for an industrial area. They prefer not to in any way disrupt or bridge the canal if there is a better alternate to provide access. s`1, b) They estimate the trips generated by the Industrial area north of the subdivision would generate about 60 trips per acre per day. While this is comparatively light, they would still prefer this traffic to ingress and egress via Linder Road, a Collector street and to minimize trip impacts on to Franklin Road, an Arterial street. We would thus request the ACHD's preference be adopted in regard to the driveway of Lot 3. 10) We agree to supply fencing along the Eight Mile Lateral and will submit a fencing plan for approval with submittal of the Final Plat. 11) We will change the proposed restrictive covenants to meet the City Ordinance requirements. 12) We will add the requested verbiage to the end of Note 11. We concur and agree to all of the noted General Requirements. Thank you for this opportunity to present our comments to you for your consideration. We pledge our full support to the development of an Industrial Subdivision that will provide Meridian with an aesthetically pleasing, functional industrial subdivision. Thank yefibr your time in considering our, comments this evening. Tom Bev Subdivisio O er and Applicant. The original review of this site (MSPR-24-99) approved two driveways for the parcel in the locations shown on the application. Those driveways met current District policy for the required offset distance from adjacent driveways. If the applicant provides either a cross access easement or a fixture public or private street in the eastern 60 -feet of Lot 3, the proposed driveways will not meet District policy for the required offset distance from the new intersection. The requirements detailed below are based upon the assumption that this applicant will provide either a cross access easement or a fixture public or private street in the eastern 60 -feet of Lot 3. 4. The application and site plan stamped as received by the City of Meridian, and submitted to the District on May 19, 2000, have been reviewed by the ACHD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. This is a staff level approval and will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Planning and Development staff decision is submitted as described within the Standard Requirements outlined below. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: Dedicate 48 -feet of right-of-way from the centerline of Franklin 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 pennits), whichever occurs first. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. Locate a 24 to 30 -foot wide driveway, approximately 210 -feet east of the west property line as a shared driveway between Lots 1 and 2 as proposed. Pave the driveway its full required width and at least 30 -feet beyond the edge of pavement of Franklin Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. Locate a temporary driveway as proposed approximately 140 -feet west of the east property line. This temporary driveway will be eliminated when a shared driveway or public street is constructed within the existing 60 -foot access easement. Pave the access its frill required width Page 2 Cafarelli Industrial Subdivision m... _ � __8 _ '�[1.2._T- -1►�'!9Rlp-Af —_— � s . SCJ r'r, t� �{ 'r ��..,xwx,w.rem,.r•zm:wrc::am_�,.,:::.:.:.'.,:=�.e.r�y. w>..-r+:.:.isea:,...;rt �*� .'._.._..._.. .� ! •� � � T)1 ,..f3i3 - d \ I� \ 3i pro eco" S� t 3r),•..Ya , F a K3,3r•r •i Rvczd l V m TT.,33333 � „i'.r]./>• gR s�• i � x ,- Vicinity'4tap Cafareili Commercial -Site A parcel of land located in the East '/:of The southeast !% of Section I I T. 3N., R. I W. , Boise Meridian, Ada County, Idaho. ElE n, Scale 1" = X00' Sent By: City oT meridian; 2088886854 ..., , Jun -13-00 1:05PA4; Page 1 200 E. Carlton Suhe 201 Meridien, ft) 93642 Ph, (208) 684.5533 Fx: (208) 887-1287 TO: Linda / Shelby Fain 88811218 Phpm CITY OF MERIDIAN Planning & zoning Prom: Brad Hawkins -Clark Pa90W 6 Date: 06/13/00 Re: Cafarelli Sub — Revised ACHD Rpt. CCI ❑ Urgent O For Review ❑ PIG"* Comment ❑ Please Reply O Please Recycle Hey Linda, I just received this revised ACHD report on Cafarelli Industrial Sub from B&A Engineers. I assume you have not received it directly from ACHD since rte's dated today. Please copy for the Commissioner's packets for tonight, Muchas gracias. JUN 13 '00 13:02 20SeSS6954 PAGE.01 f 06/06/2000 08:42 2088885052 MAYO Robert D. C rric CITY COUNCIL Nf M IERS Ron Andcrs Keith Bird Tammy deWeerd Cherie MCCandlcs5 SANITARY SERVICE HUB OF'TREASURE VALLEY A Good Place to Live CITE'' OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (203) 838-4433 - Fax (208) 587.4813 City Clerk Office Fax (208) 888-4218 PAGE 07 LEGAL DEPART,IiENT (308) 288.2499 - Fax ISS -25o1 POOLIC WORKS OVILDINC; DEI>,\RTMENT (208);;87.2211- Fax 187.1297 PLANNING AND ZONING DEPARTMENT (208) 884.5533 - Fax 588-685,1 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 2 2000 TRANSMITTAL DATE: MMAK 16 2000 HEARING DATE: June 13, 2000 FILE NUMBER: PP -00-012 REQUEST: 5.4 acres zoned IL for Cafarelli Industrial Subdivision BY: Thomas M. Bevan Jr. LOCATION OF PROPERTY OR PROJECT: North side of Franklin West of Linder - SALLY NORTON KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C TAMMY de WEERD, C/C_ WATER DEPARTMENT EWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER JUN 06 '00 08:50 MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY 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) YOUR CONCISE REMARKS: cE1EvED J U N - 6 2000 CITY OF NIEIDIAN MAYOR _ HUB OF jRE VALLEY Robert D. Corrie CITY COUNCIL MEMBERS bbd Place to Live CITY OF MERIDIAN LEGAL DEPARTMENT ('08) 288 2499 •Fax 288-2501 Ron Anderson Keith Bird . 33 EAST IDAHO PUBLIC WORKS BUILDING DEPARTMENT Tammy deWeerd 1VIERIDIAN, IDAHO 83642 (208) 887-2211 •Fax 887-1297 (208) 888-4433 • Fax (08) 887-4813 Cherie McCandless City Clerk Ot'tice Fax (2208) 888-4218 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 2 2000 TRANSMITTAL DATE: May 13,20)0 HEARING DATE: June 13, 2000 FILE NUMBER: - PP -00-012 REQUEST: BY: Thomas M. LOCATION OF PROPERTY OR PROJECT: - SALLY NORTON KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C _,TAMMY de WEERD, C/C. WATER DEPARTMENT 'SEWER DEPARTMENT _SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT _,POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER _CITY PLANNER Ili Industrial Subdivisio North side of Franklin West of Linder MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY 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) YOUR CONCISE REMARKS: Ars RECEIVED MAY 1 8 2000 Meridian City Water Superintendent 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 2, 2000 TRANSMITTAL DATE:_ May 16, 2000 HEARING DATE: June 13, 2000 FILE NUMBER: PP -00-012 REQUEST: 5.4 acres zoned IL for Cafarelli Industrial Subdivision BY: Thomas M. Bevan, Jr. LOCATION OF PROPERTY OR PROJECT: North side of Franklin, West of Linder - SALLY NORTON KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT SEWER DEPARTMENT _SANITARY SERVICE BUILDING DEPARTMENT E DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY 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) EWED MAY 1 8 2000 CITY OF MERID AAN �... KUB OF .,-'RE VALLEY MAYOR Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN (208) 288-2499 •Fax 288-2501 CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 - Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 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 recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 2, 2000 TRANSMITTAL DATE:_ May 16, 2000 HEARING DATE: June 13, 2000 FILE NUMBER: PP -00-012 REQUEST: 5.4 acres zoned IL for Cafarelli Industrial Subdivision BY: Thomas M. 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