The URL can be used to link to this page

Elliott Industrial Park AZ 00-013NOTICE 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 special public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 6:30 p.m. on July 19, 2000 for the purpose of reviewing and considering the application of Chuck Elliott/Elliott Group, LLC for annexation and zoning of 5.4 acres zoned I -L for proposed office and shop located south of Fairview and east of Locust Grove on Wilson Lane. Further more the application requests conditional use and preliminary plat approval of proposed office and shop. 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 23rd day of June, 2000. LIAM G. BERG, JRK, C PUBLISH June 30 and July 14, 2000. HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Corrie (208) 288-2499 • Fax 288-2501 CITY OF MERIDIAN 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: July 7, 2000 TRANSMITTAL DATE: June 9, 2000 HEARING DATE: July 19, 2000 FILE NUMBER: AZ -00-013 REQUEST: Office and shop zoned I -L (Light Industrial) S. 5< iO' - BY: Chuck Elliott/Elliott Group, LLC LOCATION OF PROPERTY OR PROJECT: South of Fairview, east of Locust Grove on Wilson Lane - SALLY NORTON BILL NARY, 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: CITY OF MERIDIAN J U N 0 2 2000 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 CITY OF MERIDIAN Fax: (208) 887-4813 PLANNING & ZONING APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDIVISION: Elliott Industrial Park GENERAL LOCATION: South of Fairview Ave., East of Locust Grove Rd. on Wilson Lane TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): Industrial ACRES OF LAND IN PROPOSED ANNEXATION: 5.4 acres PRESENT LAND USE: Vacant PROPOSED LAND USE: Light industrial - office/sho PRESENT ZONING DISTRICT: R-8 PROPOSED ZONING DISTRICT: I L APPLICANT: Elliott Group, LLC - Chuck Elliott PHONE: 884-0203 ADDRESS: 2065 E. Fairview ,Ave., Meridian, ID 83642 Hubble ENGINEER, SURVEYOR, OR PLANNER: Shawn L. Nickel- Eng. PHONE: 322-8992 ADDRESS: 9550 Bethel Ct, Boise, ID 83709 OWNER(S) OF RECORD: Tressi e Snodgrass PHONE: 323-0970 ADDRESS: 2030 E. Fairview Ave., Meridian, ID 83642 Signature of Applicant HUBBLE ENGINEERING, INC. 9550 Bethel Court ■ Boise, Idaho 83709 208/322-8992 . Fax 208/378-0329 18, 2000 Meridian City Council City of Meridian 200 E. Carlton, Suite 201 Meridian, Idaho 83642 RE: Elliott Industrial Park Subdivision, Annexation, Preliminary Plat and Conditional Use Permit Dear City Council; Please accept our application for Elliott Industrial Park Subdivision, located on Wilson Lane in Meridian, Idaho, south of Fairview Ave and east of Locust Grove Road, Section 8, Township 3 North, Range 1 East of the Boise -Meridian. The property contains 5.4 acres and will be developed on Lot 7 of Pleasant Valley Subdivision. Included in this request is an application for annexation from Ada County to the City of Meridian, a requested zone change from R8 (Medium Low Density Residential) to I -L (Light Industrial), a conditional use permit and a preliminary plat for a two (2) lot industrial subdivision. Currently, the property is vacant ground, with the southern portion being used as a pasture. The proposed use on Lot 1 would include the new industrial headquarters of Butte Fence, Inc., a local firm currently located at 2065 E Fairview in Meridian. Lot 2 would be platted and developed for an industrial use permitted within the I -L zoning designation. At the present, the entire property is located in unincorporated Ada County, though contiguous to the city limits, with a zoning designation of R8. This Medium Low Density Residential zone is in the Meridian Area of City Impact. The requested zoning designation for this property is I -L (Light Industrial). As defined in the I -L Purpose Statement, this zoning designation is intended to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities and to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare. The uses and the proposed zoning designation are compatible to existing zoning and uses in the immediate area. The Meridian Comprehensive Plan has designated this proposed area as Mixed -Use Development, with probable uses consisting of residential, light industrial, and commercial uses. As stated, the use proposed for Lot 1 is being requested as a conditional use permit. Issues including parking, lighting and landscaping have been addressed based on the Meridian Zoning Ordinance and have been indicated on the attached site plan. A variance request regarding a reduction in the required landscape buffer along the east boundary of Lot 1 is also being sought (see attached statement). Both lots within this subdivision will gain frontage and access from the existing Wilson Lane, a public street, and ACHD will be contacted regarding any future improvements. We have also included statements addressing traffic impact and seasonal ground water elevations as required in your application. In all, we feel that Elliott Industrial Park Subdivision, and the conditional use permit for Butte Fence, Inc. is a nice fit into the overall plan envisioned by the City of Meridian for this area. Our request meets the intent of the Meridian Comprehensive Plan for development in this area. Sewer and water are located adjacent to the site and will be provided to the development. The plat has been designed based on Ada County Highway District policy and the City of Meridian subdivision standards. We look forward to working with you and your staff and request approval of what we believe to be a quality project. If you have any questions, please do not hesitate to contact me at 322-8992. Sincerely, Shawn L. Nickel, Director of Planning Hubble Engineering, Inc. HUBBLE ENGINEERING, INC. 9550 Bethel Court . Boise, Idaho 83709 208/322-8992 . Fax 208/378-0329 May 26, 2000 Meridian City Council City of Meridian 200 E. Carlston, Suite 201 Meridian, Idaho 83642 RE: Required Information for the Elliot Industrial Park Subdivision, Rezone and Annexation 1. Name, address, and phone number of applicant, Elliott Group, LLC Chuck Elliott 2065 E. Fairview Ave. Meridian, Idaho 83642 (208) 884-0203 2. Name, address, and phone number of owner of subject property and proof of title of said owner (warranty deed). Tressie Snodgrass 2030 E Fairview Avenue Meridian, Idaho 83642 (208) 323-0970 Warranty deed Attached 3. Notarized request for zoning amendment from titled owner, successor of said owner, valid title option holder, or contract purchaser with consent from the titled owner if not requested by titled owner; Attached 4. Legal description; Attached 5. Description of present land use; The property is vacant ground, with the southern portion being used as a pasture. 6. Description of proposed land use; 2 Lot Subdivision, Lot 1, Block 1 to be used as a office and a connecting shop. Lot 2unknown. Contained in letter. 7. Present zoning district; R8 8. Proposed zoning district; I -L 9. A statement describing the characteristics of subject property which make the zoning amendment desirable; Contained in cover letter 10. A statement outlining the necessity or desirability of development pertaining to the zoning amendment and its harmony with adjacent development; Contained in cover letter 11. A statement of how the proposed zoning amendment relates to the City of Meridian Comprehensive Plan; Contained in cover letter 12. One (1) map of scale of one (1) inch equals on hundred (100) feet of the property concerning the zoning amendment; Attached 13. Thirty (30) copies of vicinity map V=300'; Attached 14. A list of the mailing addresses of all property owners within 300' Attached 15. Fee's Paid May 151, 2000 16. A signed affidavit stating that the property will be posted 1 week before the public hearing. Affidavit Attached 17. A signed affidavit stating the applicant has read the contents thereof and verifies that the information contained therein is true and correct. Affidavit Attached I, Tressie Snodgrass, the legal owners of Lot 7 of Pleasant Valley Subdivision do hereby grant Chuck Elliott (Elliott Group, LLC) the right to apply for Annexation and Rezone of the above mentioned property in the City of Meridian, Ada County, Idaho. Tressie Snodgrass Acknowledgement STATE OF IDAHO ) ) SS. COUNTY OF ADA ) ON THIS day of , �JLL� , before me a notary public in and for said State, personally appeared ressie Snodgrass known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she 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. ..+.�'t A CA1p •''•. O .yam? S�CTAR r :� * C, �UBLZ s� '0� 'P� % goo ��i•+.4� oo••s•ao® P'i�©tom ••i••�F, O 1; 9a�oa� "-A0'f'7j) alLol-, ota Publicl, ir Idaho Residing in My Commission Expires: IO - L,),dPOC T77T: 3 I 7�77... 'D VMANTf L I- fOi;26rl7_qMARCELSE C. O�- r, or vaine Evici' dezLing._-of_' h hb.r -.36le -An d: neparat PE the Z-xntee 3.:h_ followinx 3eac:-:oed premises :o -wit: e-w6r 7te -wot 7-0 --- according to t:-,'! '%-ficial ?!at z Keasant Valley Subdivision, - recorded in Book 12 of Kate of Ada' ,c,.jjar!_7 described as follows:U: County, Idaho, more p2rt. of.. Tot.6--*ol said Pleisal at cornsr. 'SdUth-48 :55"-w t"a Va 1-inlik -_ 0 es j4'.*�6f 5 5. f ast -to - -d 2 `66- g - !2 '.-;.Sa- y the:;SoUth,9rl*y' side` of -_iiid. 'Zii tb_eace ru= 'hil h�;-V- 64i�CS'd,u, h....0:4 37 -T.' -M st�lfbm%t a -.3 � - . ... . .. 1. -: I a; --;Z" a point -W 'C bdl 7, 'of- Lot" -'6; C 0 CL o -the. 0•j7'. Wett a distahce 1125.0 f.tiet.. thence. -North * pbi7i --'bfl property from �er The gizlg�tor hareir acquired title to this mother, Edna Claybou_n McDiless, one •and-.th8'.'saMQ Pars "I as Edna J. XcCandlifba'. M Mies- -0 'TQ j*p TO�VtAXD.TTR LD the v.itl p.—w-nises. with their' Mfi�te'W 11 g"" -thei :ham -t-�jd a-mig-ps forever. And-the.`iz&' ir - -a) p i said- 's;' ah� is th'e lie Aia all di a�'ivhats�e er. ---..v and that. She will warrant and uefcnd the same from 1961. 4 Ditcd:- ? ib.- 777... 7 R" _7 CAI 1T gv� . . . . . . . . . _R n_ Alv, ww= _ ~46 4 I L d the Pae `o: tmc conxiaeration -f the 3= C, WTT."T =-S That . t ae :;alu DOLLAR,"' ran a CA • Ame + r: ca. 1;1 L23 .0 ..7 . he receipt -hf--eo Aer hive-gr=ted, 11L�e(- t f it '- 67 e" the Secan PA convey and =117rm unto the said P=iieo'... 11 . ... . se, 14 ftr - . OjS . nt, ,e L -j 611, 31v5 Orever, IL dnd Wj�; dtd.t�y th ne n .27 . 2�2 Idaho ft heirs am t)�Wit: of %C.se=d. .in County of Ada - 3i mateil ii- 'e- +he --9egte--27::453-2C of Izt T,- gdbdivisions, to the of t.C.' 665 rocards of ',F2A pAF )lnr: . i: do as e 6 c-' sai'- Fle a-' --Ot a '55 dlit of 0a of 22.82 -sa, South" side. oz: �Ll 6�lg the ;7 ..,T ;.� t2le=e 37 S=t�-�- St. C or 1e ss '10 aid 1 C 037 tis, Pq �A theTltLIltO tbti . All I VM MA tir Ila - F LN- -evaNzEss 1AIM E0,17. Ile azid part? ol the hereunto met her Banc and seal the dny.and Year written. SICITED. SEALED -Atb DELIVEIL:*D IN LTZO.NCE OF T 7—, Ira v II Rakaiaef. Uri .5 Ar: LN- -evaNzEss 1AIM E0,17. Ile azid part? ol the hereunto met her Banc and seal the dny.and Year written. SICITED. SEALED -Atb DELIVEIL:*D IN LTZO.NCE OF T 7—, h. -r,- himunto set my hand and a F-xed- my- o ty."jui v Rakaiaef. Uri .5 Ar: 0 X6: VI 2.4 iC 7r h_ -.pear 1953 be jre.m U. Z, NVF -, LN- -evaNzEss 1AIM E0,17. Ile azid part? ol the hereunto met her Banc and seal the dny.and Year written. SICITED. SEALED -Atb DELIVEIL:*D IN LTZO.NCE OF T 7—, h. -r,- himunto set my hand and a F-xed- my- o ty."jui v Rakaiaef. Uri .5 0 X6: VI 2.4 iC 7r h_ -.pear 1953 be jre.m NVF -, =dr6ops--.r-At& -7ropez. T te 6 mrc-ix thih: lnsti�, it; ander j - -,,thit. ale mmutcd the name. h. -r,- himunto set my hand and a F-xed- my- o ty."jui v Rakaiaef. Uri .5 X6: VI 2.4 iC 7r ARP OF Will v 7L. X6: 2.4 HUBBLE ENGINEERING, INC. 9550 Bethel Court ■ Boise, Idaho 83709 Project No. 0008601 ELLIOTT INDUSTRIAL PARK 208/322-8992 ■ Fax 208/378-0329 April 25, 2000 A portion of Lot 7 of Pleasant Valley Subdivision in the North 1/2 of Section 8, T.3N., R.1 E., B.M., Ada County, Idaho, as same is recorded in book 12 of Plats at Page 665, records of Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 5, 6, 7 and the said Section 8, from which the 1/4 corner common to said Sections 5 and 8 bears South 89059'16" East, 2652.60 feet; thence South 89°59'16" East, 1284.09 feet; thence South 00°19'14" West, 454.99 feet to the southeast corner of Econo Lube Subdivision, as same is recorded in Book 76 of Plats at Page 7954, records of Ada county, Idaho, said point being the REAL POINT OF BEGINNING. Thence South 89°59'19" East, 205.80 feet to a point on the West boundary of Lot 6 of said Pleasant Valley Subdivision; thence along said West boundary and said West boundary extended South 00030'24" West, 21.03 feet; thence continuing South 00°34'14" West, 1189.55 feet to a point on the South boundary of said Lot T thence along said South boundary North 67058'02" West, 195.96 feet; thence North 65014'38" West, 21.31 feet; thence departing said South boundary North 00022'03" East, 1128.14 feet to the Point of Beginning. Containing 5.47 acres more or less. J/WilsonLane/DTP/vw/Elliottlndustri al Park Prepared by: NUBBLE ENGINEERING, INC. 4431 �grEOf�O@.��. \TARRY V D. Terry Peugh, P.L.S. Apr FROM : FENCE !NC. PHONE NO. : 120999402031208 21 2000 03:12PM P2 BuTTE W �60 i a %-. i I I, chuck Elliott, the developer of Elliott Industrial P Subdivision do hereby af.41rm that the said property will be posted ark one week before the public hearing. Elliott, LLC. Chuck Elliott, Sip. ed April 21, 2000 TOTAL P-03 FROM : BUTTE FENCE T `JC. � AFR-2 :—�e1�i '_5 � 33 L: r -- L'. E C Lir I(- PHOtE NO. : 12088840203 1208 `Apr. 21 2000 03:13PM P3 1, Chuck Elliott, the developer of 21jott Industrial Park Subdivision do hereby affirm that I have read the contents of this application and verify that the information contained herein is true and correct. 'Pilinf t - 13.0 C.P.UCK JC- C.P.UCK hi.110tt, ividulay-L Signed April 21, 2000 FROM : BUTTE FENCE INC. PHONE NO. : 12086840203 1208 May. 22 2000 04:47PM P1 Butte Fence, Inc. Fencing, Decking, & Boiling W" 2065 E. Fairview Ave.. Meridian, ID 83642 . Phone (208) 884-0203 . Fax (208) 884-8929 MEW May 22, 2000 Meridian City Hall Linda Kesting 200 E Carltor, Ave, Suite 201 Meridian, Idaho 83642 f?BCEIVF4]) MAY 2 2 2000 CITY OF MERIDIAN Piz - 3 RE: Elliott industrial Park Subdivision, Annexation, and Conditional use Permit Dear Linda Please withdraw my applications for Annexation and Conditional Use Permit for Elliott Industrial Park Subdivision. Modifications will be made to the Conditional Use Permit, and resubmitted with the Preliminary Plat on June Vt, 2000 If you have any questlons, please feel free to contact me. sincerely, rr` Chuck Elliott, General Manager Elliott Group, LLC MAY 22 '00 17:42 12088840203 1208 PAGE.01 Sent By: City o7 meridian; 2088886854; May -17-00 10:43AM; Page 1/2 'fo f L , n olx wA:t,2�„� ort � ,��..c.�-ni.�av� Pl�- - �it� •�'1a� su..drh.i'f rnan�4 . -7;U AN vL MAY 17 '00 10:42 20eeee6854 PAGE.01 Sent By: City oT Meridian; 2088886854; May -17-00 10:43AM; W, C17Y OF MERIDIAN "Hub of Treasure Valley' 44 33 E. Idaho ��0 Meridian, Idaho 83642 60,p p 884433 ?a Order No. Date Address Phone: SOLD BY XASO"— co 0 CHARGE ON ACCT. MOST PETD. PAID OUT ✓� 4 y rL° jj'eni n 2r Pia >~- f p � p , .. 7 10 cP�t� m+z01,? S � !� . 1 X Z � I '' nl"n 2Lres '1�bU fi-hod (VI �3x r]0— j�fpfied mar -11,14 j (0 il.73 i I I I Y. I I I Received � 0012265 TAX .: I TOTAL OYR02-2 PAINTED IN U.S.A. , KE � =--li�& r Page 2/2 MAY 17 '00 10:43 2088786854 par= M-) WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER PHILIP A. PETERSON Wm. F. GIGRAY, III STEPHEN L. PRUSS BRENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN WILLIAM A. MORROW DAVID M. SWARTLEY WILLIAM F. NICHOLS* TERRENCE R. WHITE" CHRISTOPHER S. NYE 'ALSO ADMITTED IN OR "ALSO ADMITTED M WA William G. Berg, Jr., City Cleric MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288-2501 Email via Internet @ wfg@Nvppmg.com October 20, 2000 C�� a aan) OFFICE COFy NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466-9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE Re: ELLIOTT GROUP LLC DEVELOPMENT AGREEMENT/RESOLUTION AND CERTIFICATE OF CLERK - AZ -00-0 13 LERKAZ-00-013 Dear Will: Please find enclosed the revised original of the Development Agreement, and the originals of the Resolution and Certificate of the Clerk. Please note the revised Development Agreement shows the ownership now as just the Elliott Group, L.L.C. Signatures may be obtained, as the annexation and zoning Findings were approved at the October 17, 2000 Citv Council meeting. If you have any questions arise, please advise. Very truly yours, Wm. F. 1 ichols msg\Z:\Work\M\Meridian 15360NI\Elliot Indust Park SubAZ013PP015CUP033\DevAgrC1k102000.wpd MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless October 25, 2000 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 Chuck Elliot The Elliot Group 2065 E. Fairview Avenue Meridian, ID 83642 Re: Elliot Industrial Park Subdivision AZ 00-013 Dear Mr. Elliot, 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 FILE COPY I have enclosed a corrected original of the Development Agreement pertaining to the above-mentioned application now reflecting the proper owner. Please review and sign where indicated and return to my office at the address above. Once received, the Development Agreement will be placed on the next available agenda for the Council's approval. If you should have any questions or concerns, please feel free to call. Sincerely, GAe�bAj Shelby E. Ugarriza Deputy City Clerk enc. DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Elliott Group, L.L.C., Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 2000, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and ELLIOTT GROUP, L.L.C., hereinafter called "DEVELOPER", whose address is 2065 E. Fairview Ave., Meridian Idaho 83642. 1. RECITALS: 1.1 WHEREAS, "Owner" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the owner or "Owner/Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Light Industrial (I -L), (Meridian City Code §§ 11-7-2 C); and DEVELOPMENT AGREEMENT (AZ -00-013) -1 1.5 WHEREAS, "Owner/Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the _ day of , 2000, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, both the "Findings" require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning DEVELOPMENT AGREEMENT (AZ -00-013) -2 .1, designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Elliott Group, L.L.C., whose address is 2065 E. Fairview Ave., Meridian, Idaho 83642, the party developing said "Property" and shall include any subsequent owners)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT (AZ -00-013) - 3 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code Sections 11-7-2 N which are herein specified as follows: (I -L) Light Industrial District: The purpose of the (I -L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.A "Developer"/"Owner" shall enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian which provides for the following conditions of development to -wit: DEVELOPMENT AGREEMENT (AZ -00-013) -4 5.1 In accordance with Comprehensive Plan policy 4. 1, page 56, of the Transportation Chapter, a condition of Annexation and the Development Agreement shall be to construct a multiple use pathway along the Jackson drain on the southern boundary of the subject property. That the pathway along Jackson Drain be addressed in the Conditional Use Permit process for Lot 2. 5.2 In accordance with Comprehensive Plan policy 5.16U, pg. 28 of the Land Use chapter, a condition of annexation and the Development Agreement shall be to submit a Conditional Use Permit application for any future use and development of Lot 2 as designated in the proposed Preliminary Plat (even those uses permitted under the I -L zone). That Lot 2 shall be part of a separate Conditional Use Permit. 5.3 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 5.4 Any existing irrigation/drainage ditches crossing the property to be included in this project, except the Jackson Drain, shall be tiled per City Ordinance. Plans shall 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. 5.5 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. 5.6 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance (Ord. 1I- 13). DEVELOPMENT AGREEMENT (AZ -00-013) - 5 5.7 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. 5.8 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. 5.9 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. 5.10 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. 5.11 Provide five -foot -wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 5.12 All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows: 5.13 Dedicate 29 -feet of right-of-way (an additional 9 -feet) from the centerline of Wilson Lane 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. 5.14 Construct curb, gutter, and 5 -foot sidewalk and match paving on Wilson Street abutting the site. Improvements shall be constructed to one-half plus 12 -feet of a 40 -foot street section. DEVELOPMENT AGREEMENT (AZ -00-013) - 6 5.15 Construct an ACHD approved temporary turnaround at the end of Wilson Lane. Submit a design of the turnaround for review and approval by District staff. 5.16 Provide a recorded cross access easement for the parcels to the south to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). 5.17 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 5.18 Construct a curb cut driveway at the west property line as proposed. 5.19 Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. The District requires driveways be paved to their full -required width of 24 to 30 -feet at least 30 -feet beyond the edge of pavement of Wilson Lane. 5.20 Other than the access point(s) specifically approved with this application, direct lot or parcel access to Wilson Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Additional action of the City Council from their September 19, 2000 meeting are as follows: 5.21 The Jackson Drain is significant and shall be protected. 5.22 If the City's pathway plan shows a pathway on the north side, then the developer shall construct a pathway along the easement. 5.23 The following, which would be offensive in the I -L zone, shall be prohibited as follows: DEVELOPMENT AGREEMENT (AZ -00-013) - 7 a. Dry cleaning establishment. b. Truck stop. C. Asphalt and concrete business. d. Junk yard. e. Fuel yard. f. Lumber yard. g. Mobile Home manufacturer h. Recycling plant. i. Solid Waste transfer. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer"/"Owner" or "Developer "'s/"Owner's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer"/"Owner" consents upon default to the de -annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer"/" Owner" and if the "Developer"/"Owner" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Developer"/" Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. DEVELOPMENT AGREEMENT (AZ -00-013) - 8 9. DEFAULT: 9.1 In the event "Developer"/"Owner", "Developer "'s/"Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Developer"/"Owner" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s/"Owner's" cost, and submit proof of such recording to "Developer"/" Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer"/" Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. DEVELOPMENT AGREEMENT (AZ -00-013) - 9 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer'Y"Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer"/"Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §12-5-3, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer'?"Owner" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer'?"Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation if the owner or his assigns, heirs, or DEVELOPMENT AGREEMENT (AZ -00-013) - 10 successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Elliot Group, L.L.C. 2065 E. Fairview Ave. Meridian, Idaho 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of DEVELOPMENT AGREEMENT (AZ -00-013) - 11 the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation DEVELOPMENT AGREEMENT (AZ -00-013) -12 and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ -00-013) - 13 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. ELLIOTT GROUP, L.L.C.. DEVELOPER - Attest: Member BY RESOLUTION NO. Member CITY OF MERIDIAN F31 Attest: City Clerk BY RESOLUTION NO. Mayor Robert D. Corrie DEVELOPMENT AGREEMENT (AZ -00-013) -14 STATE OF IDAHO ) :ss COUNTY OF ADA ) On this day of in the year 2000, before me, a Notary Public, personally appeared and known or identified to me to be the Members of Elliott Group, L.L.C., who executed the instrument on behalf of said Limited Liability Corporation and acknowledged to me having executed the same. (SEAL) STATE OF IDAHO ) :ss County of Ada ) On this day of Notary Public for Idaho Commission expires:_ in the year 2000, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAT-) Notary Public for Idaho Commission expires: DEVELOPMENT AGREEMENT (AZ -00-013) -15 EXHIBIT A Legal Description Of Property A portion of Lot 7 of Pleasant Valley Subdivision in the North 1/2 of Section 8, T.3N., R.IE., B.M., Ada County, Idaho, as same is recorded in book 12 of Plats at Page 665, records of Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 5, 6, 7 and the said Section 8, from which the 1/4 corner common to said Sections 5 and 8 bears South 89°59'16" East, 2652.60 feet; thence South 89°59'16" East, 1284.09 feet; thence South 00°19'14 West, 454.99 feet to the southeast corner of Econo Lube Subdivision, as same is recorded in Book 76 of Plats at Page 7954, records of Ada County, Idaho, said point being the REAL POINT OF BEGINNING. Thence South 89°59'19" East, 205.80 feet to a point on the West boundary of Lot 6 of said Pleasant Valley Subdivision; thence along said West boundary and said West boundary extended South 00°30'24" West, 21.03 feet; thence continuing South 00°34'14" West, 1189.55 feet to a point on the South boundary of said Lot 7 thence along said South boundary North 67°58'02" West, 195.96 feet thence North 65014138" West, 21.31 feet; thence departing said South boundary North 00°22'03" East, 1128.14 feet to the Point of Beginning. Containing 5.47 acres more or less. Also, this parcel is subject to all easements and rights-of-way of record or implied. DEVELOPMENT AGREEMENT (AZ -00-013) -16 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval Z:\Work\M\Meridian 15360M\Elliot Indust Park Sub AZ013PP015CUP033\DevelopAgr wpd DEVELOPMENT AGREEMENT (AZ -00-013) -17 FROM : BUTTE FENCE INC. PHONE NO. : 12088840203 1209 Oct. 31 2000 04:56PM P1 FACSIMILE COVER SIMM' BUTTE FENCE -MERIDIAN 2065 E FAIRVIEW kIDLkN, M 83642 phone 208-884-0203 fax 208-884-8929 Reply ASAP/ Please CAWMG7W please RV Total pages, including cover sheet _ 1 COMMENTS .............................. ........ ........... .............. I ....................................... SHELBY,- I ........ I ........... ....................... ...... ............................... I".....— ..................... Attached_ .................................. * , ....... discussed.forgot , ........... .............. ........ * ...... Attached is the we �.tq.�Yffk it in ........... ............... .... ..... . .. agreement ..... ......... ............ * ...... with the DqvelopTRqqt.A pale ................ ..greement. The easement is discribed in the Sale Agreem nt.on ..................... ............................. . ...... q.- ... 3'in&in"ifie' easement dk�qoption.onp ........... ............. I ................. .... ... . ............................................... ............ Wiififii Development ..Agreement PY.PQ the .�.k.g.qq..?..........1.1., ..... ................................................I............... .. ........ I ..................... 11, ........................................... . I ................... — .................... ............................... ...... I ..................... I I ........ .................... 1. 1 ...... I .................... 4 �w ... ....... I ...................... ......................Pleas......... ............................... 6 any ..... .......... ......... qy.vq�!kqq� .......................................................................................... ............. I ..... I ......................... I ...... 1-1 ........... ... ... 11.1 ............ I .............. ............. I I ;m!ls?) ................................................................. .............................................. lbfiur�k. I ..... I ........ I I ...... I I .............. I I ..................... I ....... I ...... I ........ I ........ I .................... ...................... I I ................................ I I ..................... .......... ................ .. ...... I ....... .................................. .... I ............................... I ..... ............ ........... — .................. I ... ............... ......................... .............. I .................... I ...... I ...... Thanks ........ anks to everyone for the all the help ..................... .......................................................... ....................................... ....................... ......................... .......... ................... I ...... I .... ...................... I I ..... ........... ............................................................................................... I ...... ........... .......... I ..................... I ............................................................. I ................................ OCT 31 100 16:52 12088840203 12OR pQnp 21 FROM : BUTTE FENCE INC. PHONE NO. : 12088840203 1208 Oct. 31 2000 04:57PM P2 Hui a� UU 1u:4�a arie5 �. nlcnolas SEAL ESTATE PURCHASE AND SALE AGREEM THIS REAL ESTATE PURCHASE AND SALES AGREEMENT (hereinafter referred to as this "Agreement") is made entered into this __ day of August, 2000, by and between ELLIOTT GROUP, LLC, an Idaho limited liability company (hereinafter referred to as "Seller"), and ALAN HAMILTON, MARY NIELSEN, GREG RAMP and DENNIS HILL, four individuals acting Jointly and severally in association with one another to purchase the real property which is the subject of this Agreement (hereinafter referred to as "Purchaser"), The individual purchasers (collectively Purchaser) intend to form an Idaho limited liability company to complete this transaction and take title to the real property hereinafter described and Seller agrees that it will allow Purchaser to substitute an Idaho limited liability company as the Purchaser at any time before the closing of this transaction. Seller is in the process of purchasing a parcel of real property approximately five (5) acres In size in the Meridian, Idaho area of impact, Ada County, State of Idaho (a legal description of which is attached hereto as Exhibit W). The transaction for the purchase of that real property is to close on or before August 31, 2000 and upon the closing of that transaction, Seller herein is to take title to the entire parcel, including the real property it hereby agrees to sell to Purchaser, subject only to such mortgages as It may cause to be put in place, easements, rights of way of record, federal patents, building or use restrictions, building and zoning regulations and ordinances of any governmental unit. Purchaser wishes to purchase a portion of those premises consisting of approximately three (3) acres, Real Estate Purchase and Sale Agreement OCT 31 100 16:52 Page 1 of 17 12088840203 12RR por,= PI) FROM : BUTTE FENCE INC. PHONE NO. : 12oeee40203 1208 Oct. 31 2000 04:57PM P3 Hui 22 UO 10:428 —iar res j. nicholas 2U4�3�1-'IU�1 N•" more or less, more particularly described in Exhibit "Bq attached hereto and incorporated herein by reference as though specifically set forth herein). The real property described in Exhibit "A" hereto is presently zoned for rural agricultural uses and Seller has applied to the City of Meridian to have the entire premises rezoned for "commercial" uses and divided into two lots. Seller's requests have been approved preliminarily by the City of Meridian planning and zoning commission and Seller expects final approval of both its zoning request and Its request to split the property being purchased by it into two (2) lots. That final approval is expected between September 7, 2000 and October 31, 2000, and this Agreement is contingent upon Seller's completion of the purchase of the premises described in Exhibit °A hereto, a rezone of those premises to "commercial" uses and approval of a split of those premises into two (2) lots including one lot with !t►e legal description set out in Exhibit °B" hereto. This Agreement is also contingent upon Seller's adoption of covenants, codes and restrictions (CC&R's) which will permit Purchaser to build an inflatable boat manufacturing and sales facility on the premises being purchased by them. As a condition precedent to approving the rezone and split requested by Seller, the City of Meridian planning and zoning commission and staff, and the Ada County Highway District, have required Seller to submit detailed engineering and landscaping plans for the proposed commercial lots. Purchaser has been given free access to all correspondence between Seller, the Ada County Highway [District, the City of Meridian, and its staff and various governmental agencies and acknowledge that they are faml liar with those requirements and have seen the proposals submitted in response by Seller and Fts engineers Real Estate Purchase and Sale Agreement Page of 17 OCT 31 '00 16:53 12088840207 1;)2A pone M7 FROM : BUTTE FENCE INC. PHONE NO. : 12aeee40203 1208 Oct. 31 2000 04:58PM P4 Hui aa UU l0.43a �harlies j. r11�:r�ulao and agents. Seller agrees to keep Purchaser fully informed of such requirements and to provide Purchaser with copies of all correspondence and engineering proposals or studies relating to such engineering and landscaping requirements. Seller has been advised by the Ada County Highway District that If the requested lot split is approved, it must deed access to the premises described in Exhibit 'B' hereto over a thirty (30) foot wide strip of land approximately 476.62 feet long along the West boundary of the real property Seller is retaining itself. A copy of the legal description of that access property is attached hereto as Exhibit "C" hereto and incorporated herein as though set forth verbatim. Purchaser agrees to grant to Seller an easement over the property described in said Exhibit "C" hereto. A copy of an easement agreement granting such an easement and to be recorded upon the closing of this transaction is attached as Exhibit "D" hereto and incorporated herein by reference as though set forth herein verbatim. i Seller will deed to Purchaser all of the water rights of record which attach to the property described in Exhibit "139 hereto. Seller makes no representations about the quality of quantity of such water rights and Purchaser has investigated the availability of water pursuant to those rights and is satisfied that it understands what water rights it will take by Seller's deed. Purchaser and Seller have agreed that the price for the premises being purchased by Purchaser shall be ONE HUNDRED AND EIGHTY THOUSAND DOLLARS ($180,000.00) PLUS ONE-HALF (Ih) of all of the costs involved in complying with the various engineering and landscaping requirements imposed by the various governmental entities who must approve development of the lots. Purchaser agrees to pay one-half (h) of all such co •ts, Real Estate Purchase and Sale Agreement OCT 31 '00 16=53 Page 3 Of 17\ 12088840203 1208 PAGE.04 FROM : BUTTE FENCE INC. PHONE NO. : 12088840203 1208 Oct. 31 2000 04:59PM P5 Aub 22 00 10:448 �-�rlea j. �icnolms eUdA,-q�jI-YUSi including but not limited to engineering fees, impact fees, water and sewer fees, survey costs, road construction and paving costs, curbing costs, water lines, manholes, fire hydrants, and fencing costs. The costs to be shared include the road to be constructed and/or improved along the north boundary line of the premises described on Exhibit "A hereto, the construction and paving of a road to be located on the thirty foot wide strip described in Exhibit "C" hereto. The costs to be shared do not include landscaping along the east boundary of the premises retained by Seller or any landscaping, water and sewer lines, road construction and/or paving or any other Improvements to the premises being purchased by Purchaser as described in Exhibit "B" hereto. Shared costs shall not include any bridges over or tiling of any ditches or canals over the premises being purchased by Purchaser. Such costs, which Purchaser understands it may be required to Incur as a condition of developing the premises it is purchasing, shall be Purchaser's sole responsibility, as shall any impact fees or assessments levied in connection with improvements to those premises made by Purchaser. Seller and Purchaser do expressly agree that Purchaser may relocate the ditch nearest the northern boundary of the premises being purchased by Purchaser to Purchaser's side of the Northern boundary of that property at Purchaser's sole expense. Purchaser and Seller agree to share equally any landscaping costs along the NorthJSouth boundary between their properties. A good faith estimate of the anticipated costs to be shared by Seller and Purchaser is attached hereto as Exhibit "E This is merely an estimate and both parties acknowledge that the actual costs may be significantly different from these projected costs. Real Estate Purchase and Sale Agreement Page 4 or 17 1 OCT 31 100 16:54 12088840203 1208 PAGE.05 FROM : BUTTE FENCE INC. PHONE NO. : 12088840203 1208 Oct. 31 2000 04:59PM PG Hug 22 OU 10:45a t^rle3 j. nicholas zOEJ 1-•JUa1 F•� AGREEMENT NOW, THEREFOR[, on the stated premises and fur and in consideration of the mutual covenants and agreements set forth and of the mutual benefits to the parties to be derived here from, IT IS HEREBY AGREED AS FOLLOWS: 1. Purchaser agrees to purchase and Seller agrees to sell the following described real estate hereinafter referred to as "Premises", located in Ada County, Idaho (see Exhibits "8" and "C" hereto for full legal descriptions of the Premises being purchased by Purchaser.) The Premises described in Exhibit 'C' hereto are conveyed subject to an easement as set forth in Exhibit "D' hereto. 2. The total purchase price forthese Premises shall be ONE HUNDRED AND EIGHTY THOUSAND DOLLARS ($180,000.00) RLUa one-half (1/a) of the development costs discussed herein above. Those aggregate development costs are presently estimated to be approximately ONE HUNDRED AND FORTY THOUSAND DOLLARS ($140,000.00), to be share equally by Purchaser and Seller. Both parties acknowledge that these costs are merely a good faith estimate (see Exhibit "E' for details of projected costs) and understand that the actual costs may vary from these estimates. Seller agrees to keep Purchaser fully and currently Informed of the actual development costs being incurred and Purchaser may consult with Seller about the kind, quality and cost(s) of such improvements. Any dispute between the parties concerning the kind, quality or cost of such development improvement shall be resolved by binding arbitration pursuant to the Rules of the American Arbitration Association. The Purchaser will pay ONE-HALF (1h) of such accrued development expenses at the time of closing and shall pay their remaining Real Estate Purchase and Sale Arreement OCT 31 '00 16:55 PagP 5 of 17 12088840203 1209 PAGE.06 FROM : BUTTE FENCE INC. PHONE NO. : 12088840203 1208 Oct. 31 2000 05:00PM P7 Aub, 22 00 10:46a "`arles j. nicholas 2Udl - ruin ONE-HALF (Y2) share of such expenses directly to the Seller as the same accrue, upon TEN (10) days written notice of the same by Seller, A copy of any Invoice for such shared development costs shall constitute such.notice. if Purchaser fails to pay their share of any such costs within ten (10) days after receiving such notice, Seller may pay the same and immediately file suit to collect Purchaser's share of such costs, together with interest at the rate of EIGHT PERCENT (8%) per annum thereon, together with Seller's costs and attorney fees. 3. Upon the execution of this Agreement Purchaser shall deposit earnest money in the amount of TWELVE THOUSAND FIVE HUNDRED DOLLARS ($12,500.00) to the trust account of Charles). Nicholas, Attorney at Law, or to such other trust account as the parties may agree to. Such sum represents FIVE PERCENT (5%) of the estimated purchase price of TWO HUNDRED AND FIFTY THOUSAND DOLLARS ($250,000.00). That earnest money shall become non-refundable and shall be paid to Seller when Seller has certified in writing that the following events have occurred: a. Seller has completed the purchase of the real property described in Exhibit "A". b. The City of Meridian has approved the rezone of the property described in Exhibit BA" hereto to "commercial" and has approved the lot split by Seiler. c. Seller has provided Purchaser with a copy of recorded CC&R's which will permit Purchaser to construct an inflatable boat manufacturing Real Estate Purchase and Sale Agreement Page 6 of 17 OCT 31 '00 16=55 1208884Gt�� casz onrr �� FROM : BUTTE FENCE INC. PHONE N0. : 12088840203 1208 Oct. 31 2000 05:00PM P8 'Aug 22 00 10:47e 3r1es j. nicholes 2031-7051 p.H and sales facility on the Premises. Purchaser shall provide Seller with preliminary plans for such a facility upon the execution of this Agreement. d. Closing shall take place on or before 5:00 p.m. on December 15, 2000. At that time Purchaser shall pay to Seller in good funds, which includes cash, check or cashier's check, the remainder of the purchase price calculated as set forth above (PURCHASE PRICE 15 PRESENTLY PROJECTED TO BE APPROXIMATELY TWO HUNDRED AND FIFTY THOUSAND DOLLARS [$250,000.00] but may be more or less than that sum.) if any part of the Purchase Price has not been determined at the time of closing, Purchaser shall pay the full balance that has been determined and shall pay the remaining balance of the Purchase Price promptly as notified of the same as herein above set forth. e. On or before the closing date, Purchaser and Seller shall deposit with the person or agency designated as the closing agent all funds and instruments necessary to complete this transaction. 4. Prior to closing the transaction, Seller shall fumish to Purchaser a commitment of title showing the condition of title to the said premises. PurLhaser shall have fifteen (15) business days from receipt of the commitment, or not less than twenty-four (24) hours Prior to closing within which to object in writing to the condition of the title as set forth in the commitment. If Purchaser does not so object, Purchaser shall be deemed to have accepted the cu,nditions of title. It Is agreed that if the title or said premises It not marketable, or car, not be made so within thirty (30) business day(s) after notice containing a written Real Estate Purchase and Sale Agreement OCT 31 100 16:56 \Page 7 of 17 12088840P07 1 7(lA FROM : BUTTE FENCE INC. PHONE NO. : 12088840203 1208 Oct. 31 2000 05:01PM P9 Hut 22 00 lis 16a --harles j. nicholas 2OA--331-'/t1b1 P.1 statement of defect is delivered to Seller, Purchaser's Earnest Money deposit will be returned to Purchaser and Seller shall pay for the cost of title insurance cancellation fees, escrow and legal fees, if any. Seller shall, within a reasonable time after closing, furnish to Purchaser a title insurance policy in the amount of the actual purchase price showing marketable and insurable title subject to the liens, encumbrances and defects elsewhere set out in this Agreement to be discharged or assumed by Purchaser. The risk assumed by the title company in the standard coverage policy is limited to matters of public record. The parties agree that Title Company shalt provide title poltcy and preliminary report of commitment. Purchaser and Seller shall split the fee for the title insurance and commitment. 5. Title of Seller is to be conveyed by warranty deed, unless otherwise provided, and is to be marketable and Insurable except for rights reserved in federal patents, state or railroad deeds, building or use restrictions, building and zoning regulations and ordinances or any governmental unit, and rights of way and easements established of or record. Liens, encumbrances or defects to be discharged by Seller may be paid out of purchase money at date of closing, No liens, encumbrances or defects, which are to be discharged or assumed by Purchaser or to which title it taken subject to, exist unless otherwise specified In this Agreement. 6. This Agreement may be executed in one or more counterparts, each or which is deemed to be an original hereof, and all of which shall together constitute on and tine same instrument. Real Estale Purchase and Sale Agreement Page 8 of 17 OCT 31 '00 16:56 12088840203 1208 PAGF_pq FROM : BUTTE FENCE INC. PHONE N0. : 12088840203 1208 Oct. 31 2000 05:02PM P10 Hug 22 00 1u:53a .4harles j. nieholas 2t"a--331-7051 P.1 7. This Agreement contains'the entire Agreement of the parties respecting the matters herein set forth and supersedes all prior agreements between the parties respecting such matters. No warranties, including, without limitation, any warranty of habitability, agreements or representations not expressly set forth herein shall be binding upon either party. 8. Facsimile transmissions of any signed original document and retransmission of any signed facsimile transmission shall be the same as delivery of an original. At the request of either party or the Closing Agency, the parties will confirm facsimile transmitted signatures by signing an original document. 9. If Purchaser defaults in the performance of this Agreement, Seller has the option of: (1) accepting the Earnest Money as liquidated damages or (2) pursuant any other lawful right or remedy to which Seller may be entitled. if Seller elects to proceed under (1), Seller shall make demand upon the holder of the Earnest Money, upon which demand said holder shall pay the entire balance to the Seller. 10. If Seller defaults, having approved said sale and fails to consummate the same as herein agreed,, Purchaser's Earnest Money deposit shall be returned to it. This shall not be considered as a waiver by Purchaser of any other lawful right or remedy to which Purchaser may be entitled. 11. Any notice, demand, or communication to be given by either party to this Agreement to the other party shall be in writing and transmitted to the other party by registered or certified mail addressed to said party at their address shown below, provided that either party may change its address by notice to the other party as herein provided, Real Estate Purchase and Sale Agreement. Page 9 of 17 OCT 31 '00 16:57 12088840203 1208 PAGE.10 I FROM : BUTTE FENCE INC. PHONE NO. : 12088840203 1208 Oct. 31 2000 05:02PN P11 nQG :c uu iV:c,.7a-Garle.Y 4. nlcnoACD LVO-z.7.J1-/UZI p•Z- The mailing and registering or certifying of any such notices, demands, or communications as herein provided shall be sufficient service thereof. Charles & Kathleen Elliott 424 Pebble Beach Way Eagle, Idaho 83616 Alan Hamilton 12. The provisions of this Agreement shall survive the closing of this transaction. This Agreement shall incur to the benefit of and shall be binding upon the parties hereto and their heirs, executors, administrators, successors and assigns. 13. Any dispute over performance or the terms of this Agreement shall be governed by the laws of the State of Idaho. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year herein above first written. SELLER: ELLIOTT GROUP, LLC By Charles P. Elliott, Member -Manager By Kathleen Elliott, Member -Manager. Real Estate Purchase and Sate Agreement OCT 31 '00 16:57 4111049 r Alan Hamilton, Mary Nielsen Greg Ramp Dennis Hill Page 10 of 17 12088840203 1208 PAGE.11 FROM : BUTTE FENCE INC. PHONE NO. : 12oeee40203 1208 Oct. 31 2000 05:03PM P12 Aug 22 00 10:54a o-karles j. nicholes 20P' -131 -?051 P.$ STATE Of IDAHO ) )ss. County of Ada ) On this day of August, 2000, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared KATHLEEN ELLIOTT and CHARLES P. ELLIOTT, known to me to be the authorized agents and Member -Managers of ELLIOTT GROUP LLC, and whose names are subscribed to the within and foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF,'i have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at Boise, Idaho Commission Expires 12/26/02 STATE OF IDAHO ) )ss. County of Ada ) On this day of August, 2000, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared ALAN HAMILTON, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within and foregoing Instrument, and acknowledged to me that he executed the same, IN WITNESS WHEREOF,1 have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Real Estate Purchase and Sale Agreement OCT 31 '00 16:58 Notary public for Idaho Residing at Commission Expires Page 11 of 17 12088840203 1208 PAGE.12 FROM : BUTTE FENCE INC. PHONE NO. : 12aeee40203 1208 Oct. 31 2000 05:03PM P13 Rug 22 00 10:54a r`harles j. Nicholas 20A-331-7051 p.4 STATE OF IDAHO ) )ss. County of Ada ) On this day of August, 2000. before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared MARY NIELSEN, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within and foregoing instrument, and acknowldgd, to me that she 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. Notary Public for Jdaho Residing at Commission Expires STATE OF IDAHO ) )ss. County of Ada ) On this day of August, 2000, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared GREG RAMP, proved to me on the basis of satisfactory evidence to be the person whose name Is subscribed to the within and 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 wrltten. Real Estate Purchase and Sale Agreement OCT 31 '00 16:59 Notary Public for Idaho Residing at Commission Expires Page 12 of 17 12088840203 1208 PRGE.13 FROM : BUTTE FENCE INC. PHONE NO. : 12088840203 1208 Oct. 31 2000 05:04PM P14 Hub 2a 00 1U:55& —har-le3 j. nicholas p.� STATE OF IDAHO ) )ss. County of Ada ) On this day of August, 2000, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared DENNIS HILL, proved to me on the basis of satisfactory evidence.to be the; person whose name Is subscribed to the within and foregoing instrument, and.ack.nowle0ged 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. Real Estate Purchase and Sale Agreement OCT 31 '00 16:59 Notary Public for Idaho Residing at Commission Explre5 Page 13 of 17 12088840203 1208 PAGE.14 FROM : BUTTE FENCE INC. PHONE N0. : 12088840203 1208 Oct. 31 2000 05:04PM P15 nig 22 00 10:56a rharles j. nicholas 200--o131-iubl N.0 EXHIBIT "A" The Easterly 206.55 feet of the Westerly 453.20 feet of Lot 7 of Pleasant Valley Subdivision, according to the Official Plat recorded in Book 12 of Plats at page 665, records of Ada County, Idaho, more particularly described as follows: Beginning at the Northwest corner of Lot 6 of said Pleasant Valley Subdivision and running thence South 88 degrees 53, West a distance of 206.55 feet to a point; running thence South 0 degrees 41' East a distance of 1556.90 feet to the southerly line of Lot 7; running thence South 66 degrees 28' East a distance of 22.82 feet; running thence South 69 degrees 06' East along the southerly side of said Lot 7 to a point which bears South 0 degrees 37' East from the Southwest corner of tot 6 in said Subdivision; running thence North 0 degrees 37' %Vest 515.16 ieet more or less to said Southwest corner of Lot 6; running thence North 0 degrees 37' We -,5t a distance of 'I 125.0 feet to the point of beginning. Excepting therefrom: A parcel of land situated in the NW 1/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, also being a portion of Easterly 206.55 feet of the Westerly 453.20 feet of Lot 7 of Pleasant Valley Subdivision, more particularly described as follows: Commencing at the Northwest corner of said Section 8; thence along the North line of Section 8 South 89 degrees 59'16" East 1284.20 feet to THE POINT OF BEGINNING; thence continuing South 89 degrees 59'.16" East 206.55 feet to a Point, thence along a line parallel to the Westerly boundary of said Lot 7 South 0 degrees 19' 14" West 455.0 feet to a point; thence along a line parallel to the North boundary of said Section 8 North 89 degrees 59'161 West 206.55 feet to a point; thence along a line parallel to the Westerly boundary of said Lot 7 North 0 degrees 19'14" East 455.0 feet to THE POINT OF BEGINNING. Real Estate Purchase and Sale Agreement OCT 31 '00 17:00 Page 14 of 17 12088840203 1208 PAGE.15 FROM : BUTTE FENCE INC. PHONE NO. : 12oeee40203 1208 Oct. 31 2000 05:05PM P16 Hug �_'a uu 1u:5'ta "-'axles j. nicholas 20P—q31-705i P. EXHIBIT "B° A portion of Lot 7 of Pleasant Valley Subdivision located in the West Yx of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as same is recorded in Book 12 of Plats at Page 665, records of Ada County, Idaho, more particularly described as follows: Commencing at the comer common to Sections 5, 6, 7 and the said Section 8, from which the 114 corner common to said Sections 5 and 8 bears South 89 degrees 59'16" East, 2652.60 feet; thence South 89 degrees 59'16" East. 1284.09 feet; thence South.00 degrees 19'14" West, 454.99 feet: thence South 00 degrees 22'03" West, 30.00 feet to the REAL POINT OF BEGINNING. Thence South 89 degrees 59'16" East, 30 00 feet; thence South 00 degrees 22'03" West, 464.81; thence South 89 degrees 37'57' East, 174,06 feet to a point on the East boundary of said Lot 7; thence along said East boundary and East boundary extended South 00 degrees 34'14" West, 714.67 feet; thence North 67 degrees 58102" West, 19.5.96 feet; thence North 65 degrees '14'38" West, 21.31 feet; thence North 00 degrees 22'03" East, 1098.14 feet to the Point of Beginning. Containing 150,793 square feet, more or less. Real Estate Purchase and Sale Agreement OCT 31 100 17:00 PagP15of17 12oeee40203 1208 Ppr'p 11:' FROM : BUTTE FENCE INC. PHONE NO. : 12eeee40203 1208 Oct. 31 2000 05:05PM P17 Aug 22 00 10:S9a —"arles j. nicholas 20131-7051 P.8 0 EXHIBIT "C" A 30.00 foot wide strip of land located in Lot 7 of Pleasant Valley Subdivision, lying In the West %i of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as same is recorded in Book 12 of Plats at Page 665, records of Ada County, Idaho, more particularly described as follows: Commencing at the northwest corner of said Section 8, from which the 1/4 corner common to Section 6 and the said Section 8 bears South 89 degrees 59'16" East, 2652.60 feet, thence South 89 degrees 59118" East, 1284.09 feet; thence South 00 degrees 19'14" West, 454.99 feet to the southeast comer of Econo Lube Subdivision, as same is recorded in book 76 of Plats at Page 7954, records of Ada County, Idaho; thence South 00 degrees 22'03" West, 18.00 feet to the (ZEAL POINT OF BEGINNING; thence South 89 degrees 59'16" East, 30 00 feet; thence South 00 degrees 22'03" West, 476.81 feet; thence North 89 degrees 37'57" idlest, 30.00 feet; thence North 00 degrees 22'03" East, 476.62 feet to the Point of Beginning. Real Estate Purchase and Sale Agreement OCT 31 '00 17:01 Page 16 of 17 12088840203 1208 PAGE.17 September 15, 2000 AZ 00-013 MERIDIAN CITY COUNCIL MEETING September 19, 2000 APPLICANT Chuck Elliot / The Elliot Group ITEM NO. 11 REQUEST Continued Public Hearing 9/5/00 - Request for AZ of 5.4 acres for proposed Elliot Industrial Park Subdivision for office and shop in an I -L zone - s/o Fairview Ave. and e/o Locust Grove on Wilson Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: SEWER DEPARTMENT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See previous item packet Contacted:�Date:grid Phone: 3 Materials presented at public meetings shall become property of the City of Meridian. August 31, 2000 AZ 00-013 MERIDIAN CITY COUNCIL MEETING September 5, 2000 Ix "r— APPLICANT Chuck Elliot, The Elliot Group ITEM NO. REQUEST Continued from 8/15/00 - Request for annexation and zoning of 5.4 acres for proposed Elliot Industrial Park Subdivision for office and shop in an I -L zone - south of Fairview Avenue and east of Locust Grove Road on Wilson Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See previous item packet Contacted: a–A4L Date: q11 Phone: §9Y— 0203 Materials presented at public meetings shall become property of the City of Meridian. FILE No . 239 10/19 '00 14:34 I I) J I TLEENE CORPERAT I IJN ADA CUUNTY RECORO£R J, O/jVF'i NAVARRO 1, - , rn,M1 F1},l Order No.: A000040 203 AU 31 Ph '?t 54 r' X:4240049 =AGE 2- 4 RECORDED-R;.Q EST OF � M . EEi/2. 11PUT 1000699706 WARRANTY DEED FOR VALUE RECEIVED, TRESSLE F. SNODGRASS, AN UNMARRIED PERSON, and TRESSLE SNODGRASS, PERSONAL REPRESENTATIVE. OF THE ESTATE OF TED SNODGRASS, DECEASED The Grantor(s), do(es) hereby grant, bargain sell and convey unto ELLIOTT GROUP, L.LC. whose current address is 4o&5t, i6Fla`hv. Asti., the Gmntee(s), the following described premises, in ADA County, Idaho, TO WIT: SEF 1=XHIBIT "A„ ATTACHED HERETO AND :MADE A PART HEREOF. TO HAV7.4ND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs sand assigns forever. And the said Grantors) do(es) hereby covenant to and with the said Grantee(s), that (s)hc isiare the owner(s) in fee simple of said premises; that they aic fico from all encumbiances EXCEPT: Subject to all existing patent reservations, easernmts, right(s) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, inclwding irrigation and utility easements (if any) for the current year, which are not duo and payable, and that Granior(0 wilt warrant and dafeW the same from all lawful claims whatsoever. Dated: 08/21100 '� r TRESSM F. SNODGRASS TRESSIE SNODGRASS, PER-REPRES. Of THE ESTATF OF TED SNODGRASS, DECEASED STATE OF IDAHO ) ss' COC_1NTYYF ADA ) On this 241T of AUGUST, 2000, before me, the undersigned, a Notary Public personally appt =d TRESSIE F. SNODGRASS, known to me or prover to the on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the wi nst ent and acknowledged to me that jhe_ executed the sante. Notary u =OF Residing'-at: "Iiaise, ID Af� � My Commission Expires: 6/19/06 [STA7 (,SEAL) Cif- � FILE No.239 10/19 '00 14:35 ID:TITLEONE CORPERATION FAX:4240049 ?AGE 4 STATE OF IDAHO ss: COUNTY OF .ADA ) 61 On this !Aof AUGUST. 2000. before me, the undersigned, a Notary Public personally appeared TRESSM SNODGRASS, known to me or proven to me on the basis of satisfactory evidence to be the person(g) whose name(s) is/are subscribed to the within instrument as Personal Representative of the Estate of Ted Snodgrass, Deceased, and d d to me that she executed the same as such Personal Representative. N ary Pu -4j, d lkiding au se, ID C4�4 GtlNN1NGMy Commission Expires: 6/19106�r ptJBt.IG(SEAL) ©F IQAFio August 10, 2000 AZ 00-013 MERIDIAN CITY COUNCIL MEETING August 15, 2000 APPLICANT Chuch Elliot ITEM NO. 17 REQUEST Request for annexation and zoning of 5.4 acres for proposed Elliot Industrial Park Subdivision for proposed office and shop in an I -L zone - south of Fairview Avenue and east of Locust Grove Road on Wilson Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached from Hubble See attached July 14th comments See attached Contacted: � r;{,e'r Date: 1 0114- Phone: CZ03 Materials presented at public meetings shall become property of the City of Meridian. Sent By: City oT Meridian; 2088886854• i , JU1-19-00 8:27AM; Page 1 ' Y .moi' J 9s � HubBLE ENGINEEKING-wo INC. 9$50 Bethel Court s.' Boise, Idaho 83709 Juy 18, 2000 P14 & Zoning Commiss on 1 Mayor & City Council Ci of Meridian 33 V ast xdaho d;*4. Idaho 83 2081322-8992 . Fax 208/378-0329 1 mie'O cwc of Cx s'I.LIOT INDUSTRIAL PARK 8UBbIVTSI0N MN JNA ZONING, PREL WVAA1tYPLAT, & CONDITIONAL [ISL MCoWS (A0avr3 • P . ars, CUP -00L#33) )e Mz Commissions, Aiayor and City CounciI offthe following comments to your memorandum dated Ady 14, 2000 regarding the above e cod applications.: 1) Not acceptable to iipliCallt 12) WA I 13) Noted, Developer Ivill comply i J4) Noted, Developer 'mill comply '15) Doted, Developer l All comply 6) Noted, Developer will comply ) Doted, Developer will comply ) Doted, Developer will comply s9) Noted, Deloper will comply k ) l oot acceptable to Omcant ) Doted, Developer will comply Doted, Developer' +ill comply JUL 19 '00 08:21 20888B68S4 parr r, Sent 6y: City o? Meridian; 2088886854; JU1-19-00 8:27AM; Page 213 4 � 1) Complexed, please sex -revised .plat j2) Noted, Developer will comply 13) Doted, De:velopet *Wcomply 4) C ampleted Mi) Plated, Developer ill comply z) Now �3) Doted, Developer will comply 14 Noted, Developer will a omply, ..When? S) Noted �) �toYexl 7) Noted, Developer ltilrill comply Noted, Doveaoper in agir�neut lot acs;eptabe to l : ilcaul " 10) Noted, Developer �o discuss with commission ;11) Noted 12) Not weptable to ipplicemt CC ND6NKM RM��M 1) $bted, Developer will comply 14oted, Developer rift comply Doted, Developer will comply 4) Noted, Developer"comply Xoted, Developer comply i ote:d, Developer will comply ') 140t4 Developer wilt coMpty Doted, Developer r ..comply 9) Noted, Devdbper wilt comply e A e ' JUL 19 '00 08:22 y 2088886854 PAGE.02 Sent By: City of Meridian; 2088886854; Jul -19-00 B:28AM; 2088886854 Page 3/3 PAGE. 03 MAYOR Robert D. Corrie 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 To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Senior Engineering Technician Brad Hawkins -Clark, Planner/M_ LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT 3i' F. S -6854 City of Ilieridiau !'it,11 1,11 July 14, 2000 Re: ELLIOT INDUSTRIAL PARK SUBDIVISION - Request for Annexation and Zoning of 5.4 Acres from R-8 to I -L by Chuck Elliott/Elliott Group, LLC (File AZ -00-013) - Preliminary Plat of 5.4 Acres with Two Buildable Lots by Chuck Elliott/Elliott Group, LLC (File PP -00-015) - Conditional Use Permit for Office and Shop on Single Lot by Chuck Elliott/Elliott Group, LLC (File CUP -00-033) 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: APPLICATIONS SUMMARY There are three separate applications covered in this report, each addressed separately after the summary. The subject parcel is recorded as Lot 7 of Pleasant Valley Subdivision, is currently pasture ground and lies within a large Ada County enclave bounded by City limits. The annexation application proposes a City zone of Light Industrial (I -L) for the entire 5.4 -acre parcel. The Preliminary Plat application proposes to create two new industrial lots, Lot 2 being a flag lot. There are no new public roads proposed within the boundaries of the plat. A CUP is required for all new development within the Mixed/Planned Use Development area of the Comprehensive Plan. The Conditional Use application proposes a new 2.400 s.f. office building and 5,400 s.f. shop for Butte Fence, Inc. As a part of the CUP, the Applicant is also requesting a reduction in the eastern landscape strip required width. LOCATION The property is located on the south side of Wilson Lane, approximately 450 feet south of Fairview Avenue, and 1,200 feet east of Locust Grove Road. It is designated as Mixed/Planned Use Development in the Comprehensive Plan. AZ -00-013, PP -00-015, CUP -00.033 Elliott Indust Park.AZ.PP.CUP.doc Mayor, Council and P&L July 14, 2000 Page 2 CURRENT OWNERS OF RECORD Tressie Snodgrass is the current property owner and has submitted consent for all applications. GENERAL REQUIREMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. 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. ANNEXATION & ZONING REQUIREMENTS (File AZ -00-013) 1. The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission. The parcel is contiguous to the existing corporate city limits of the City of Meridian. AZ -00-013, PP -00-015, CUP -00-033 Elliott Indust Park.AZ.PP.CUP.doc Mayor, Council and P&2, July 14, 2000 Page 3 2. Staff supports the requested annexation, particularly as a large infill lot with sewer and water services readily accessible to the property. The requested I -L zone is compatible with the adjacent uses on the north of automobile service (C -G) and complies with the Comprehensive Plan designation of Mixed/Planned Use Development. 3. In accordance with Comprehensive Plan policy 4.1, pg. 56, of the Transportation Chapter, a condition of Annexation and the Development Agreement shall be to construct a multiple use pathway along the Jackson Drain on the southern boundary of subject property. 4. In accordance with Comprehensive plan policy 5.16U, pg. 28, of the Land Use Chapter, a condition of Annexation and the Development Agreement shall be to submit a Conditional Use Permit application for any future use and develoment of Lot 2 as designated in the proposed Preliminary Plat (even those uses permitted under the I -L zone). 5. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. Annexation Recommendation Staff recommends approval of the annexation with the above conditions. PRELIMINARY PLAT GENERAL COMMENTS (File PP -00-015) 1. The subject lot is currently part of Pleasant Valley Subdivision. Therefore, a note must be added to the face of the plat stating Elliott Industrial Park Subdivision is a Re - Subdivision of the Pleasant Valley plat. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. 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. 4. If possible, respond in writing to the each of the comments contained in this memorandum, prior to the scheduled July 19, 2000 hearing by the Meridian Planning and Zoning Commission. Submit ten copies of any 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 -00-013, PP -00-015, CUP -00-033 Elliott Indust Park.AZ.PP.CUP.do. Mayor, Council and P&�_ July 14, 2000 Page 4 PRELIMINARY PLAT REQUIREMENTS (File PP -00-015) 1. Sanitary sewer service to this site is proposed to be via an extension from the existing main installed in Wilson Lane. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 2. Sanitary sewer service to Lot 2, Block 1 is questionable due to the sanitary sewer depth and adverse slope towards the Settlers Canal. If a single, private service line is proposed, the minimum slope requirement would be I% per the Uniform Plumbing Code. 3. Water service to this site is proposed to be via an extension from an existing main installed in Wilson Lane. Applicant will be responsible to construct the water main 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. 4. Two -hundred -fifty 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. 5. 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 common open area. 6. 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 common areas prior to signature on the final plat by the Meridian City Engineer. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. AZ -00-013, PP -00-015, CUP -00-033 Elliott Indust Park.AZ.PP.CUP.doc Mayor, Council and P&�_ July 14, 2000 Page 5 7. Submit a revised plat showing all existing and any proposed easements. No easements are currently shown for the Settlers Canal and Jackson Drain. 8. Ordinance 12-4-8.B. states, "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision." The Jackson Drain which courses the south of this parcel is such a natural feature, providing a natural habitat, and must be preserved in the design and development of Lot 2, Block 1. It should not be piped and should become an open - space amenity for the subdivision. 9. Per item 43 under "Annexation & Zoning Requirements" above and since a public park is designated on the subject parcel in the Comprehensive Plan Land Use Map, Applicant must construct or provide surety for 110% of the projected cost to construct a multi -use pathway adjacent to the Jackson Drain prior to City signature on the Final Plat. The Applicant should coordinate with the City Parks & Recreation Director on pathway location and construction and design standards. Upon future development and extension of the pathway on adjacent parcels, the City may consider receiving conveyance of the pathway and/or taking on responsibility for future maintenance. These details must also be worked out with the City Parks & Recreation Department. 10. Meridian Subdivision & Development Ordinance #12-4-7, "Planting Strips and Reserve Strips," requires a minimum 20 -foot wide screen between incompatible development features, including commercial adjacent to residential. The screening shall not be a part of the normal street right of way or utility easement. The eastern property boundary within the proposed plat proposes an industrial zone immediately adjacent to existing residential property. This property boundary shall be required to plant a 20 -foot landscape strip abutting the entire property line and should designate a permanent landscape easement for the strip on the plat. The Landscape Plan (Sheet 2) submitted with the CUP application proposes a 10 -foot wide planting strip. Since there is not a PUD associated with this plat, the 10 -foot reduction will require a formal Variance application to be submitted and approved by City Council. The P&Z Commission should give some direction to Staff and Council regarding the requested width reduction and include the Variance requirement as part of any motion to approve the plat. 11. Detailed landscape plans for the eastern boundary landscape planting strip 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. 12. Six -foot -high, solid, perimeter fencing shall be required along the western and eastern boundary of the subdivision. Submit detailed fencing plans for review and approval with submittal of the Final Plat. City Ordinance allows fencing in the I -L zone to be 8 feet in height but the design must be approved by the P&Z Commission (if over 6 feet). All required fencing is to be in place prior to issuance of building permits. Any existing barb AZ -00-013, PP -00-015, CUP -00-033 Elliott Indust Park.AZ.PP.CUP.doc Mayor, Council and P&�_ July 14, 2000 Page 6 wire or electric fences on the site must be removed prior to issuance of any Certificate of Occupancy within the subdivision. Preliminary Plat Recommendation Staff recommends approval of the preliminary plat with the above conditions. CONDITIONAL USE REQUIREMENTS (File PP -00-033) General Requirements: 1. Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping shall be in accordance with the standards set forth in Sections 11-13- 4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 4. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. 5. All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. 6. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soils scientist with the design of site drainage plan. 7. A minimum of one (1), 3 -inch caliper tree must be planted for every 1,500 s.f. of asphalt area on the site and served with an underground sprinkling system. 8. All trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12-1.C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning & Zoning Department prior to applying for building permits. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. AZ -00-013, PP -00-015, CUP -00-033 Elliott Indust Puk.AZ.PP.CUP.doc Mayor, Council and P&z. July 14, 2000 Page 7 Site Specific Requirements: The material storage area shown south of the office/shop building indicates a gravel surface material. Asphalt/paving is required for all vehicular use areas in the City limits. The City may permit gravel only in special circumstances where there is minimal vehicular access and use of the storage area. The Applicant should indicate the anticipated amount of vehicular activity at the Commission hearing and the Commission should make a determination on the surface material. A primary concern is the amount of dust potentially created by the vehicular and equipment activity. Given the close proximity of the residence to the east, this should be carefully considered. (See Comprehensive Plan Policy 3.4 under "Land Use" below.) 2. The "Future Access" drives shown on the west boundary of Lot 1 appear to be below the required 25 -foot minimum width. Please revise plan to reflect the 25 -foot requirement. 3. Applicant shall indicate if any explosive or hazardous materials will be stored and/or used on the site. (See Comp Plan Policy 3.7 under "Land Use" below.) 4. This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit will need to be submitted and approved by the Zoning Administrator for any new owners/tenants. RECOMMENDATION Staff recommends approval of the project with the conditions noted above. COMPREHENSIVE PLAN ANALYSIS The 1993 Comprehensive Plan contains a variety of goals and policies relevant to this application. The following sections most directly apply to the proposed project and are repeated here for the Council and Commission's consideration during the hearing process. Goal 3 is "to encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services, and its open space character." Goal 8 is "to establish compatible and efficient use of land through the use of innovative and functional site design." Economic Development 1.1 The City of Meridian shall make every effort to create a positive atmosphere that encourages... commercial enterprises to locate in Meridian. AZ -00-013, PP -00-015, CUP -00-033 Elliott Indust Park.AZ.PP.CUP.doc Mayor, Council and P&L July 14, 2000 Page 8 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. Land Use I.8U Promote the development of high-quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods. 2.1U Support a variety of residential categories (urban, rural, single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. 2.3U Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 3.4 Industrial uses adjacent to residential areas should not create noise, odor, air pollution, and visual pollution greater than levels normally associated with surrounding residential activities. 3.5 Industrial development should be encouraged to locate adjacent to existing industrial uses. 3.7 Industrial uses which require the storage or the production of explosive or hazardous materials should not be located near residential areas, and should conform to disposal, spill and storage measures as outlined by the U.S. EPA. 5.16U All development requests (in this M/PUD area) will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. 5.17U A variety of coordinated, planned and compatible land uses are desirable for this area, including ... light industrial land uses. 5.18U Existing residential properties will be protected from incompatible land -use development in this area. Screening and buffers will be incorporated into all development requests for this area. Natural Resource & Hazardous Areas 2.1U Development along major drainage ways will be restricted to ensure that development does not cause additional ground or surface water contamination. 3.1 U Manage and prevent unsuitable uses along drainageways and protect the flood plain of creeks and drains. 3.2U Protect the potential beauty and recreational trail opportunities of all Meridian waterways. AZ -00-013, PP -00-015, CUP -00-033 Elliott Indust Park.AZ.PP.CUP.doc Mayor, Council and P&,-, July 14, 2000 Page 9 Open Space Parks and Recreation 2.5U New subdivision development... will be considered as opportunities to ... encourage the development of recreational open spaces and parks as part of new planned developments. 3.1 To establish a network of open space corridors that are either improved (landscaped), semi -improved (landscaped pathway only), or unimproved (left natural), which have the potential to: a) Play a major role in conserving area scenic and natural values, especially waterways, drainageways, and natural habitat; b) Link residential neighborhoods, park areas and recreation facilities. 3 AU Through subdivision review, annexation, and zoning, emphasize the establishment of connecting trails and open space networks. AZ -00-013, PP -00-015, CUP -00-033 Elliott Indust Park,AZ.PP.CUP.doc Acla Cottn1,q.,_Wiqhwav 2)ijtpicl jUuy r-eavey-vert, r-resrUenr 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: telluslcDachd.ada.id.us July 19, 2000 Elliott Group, LLC Chuck Elliott 2065 E Fairview Ave Meridian, ID 83642 Re: Staff Level Approval Elliot Industrial Park MCUP00-033/MAZ00-013 Facts and Findings: Wilson Lane s/of Fairview Ave e/o Locust Grove T?BcEr%%]D J u L 2 8 2000 ClPi OF MERIDIAN 2 -Lot Industrial Subdivision A. The Ada County Highway District (ACHD) staff has received the above referenced application requesting conditional use approval for a two -lot industrial subdivision. The 5.4 -acre site is located on the south side of Wilson Lane approximately 1,250 -feet east of Locust Grove Road. This development is estimated to generate approximately 320 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. B. The application and site plan stamped as received by the City of Meridian on June 7, 2000, and submitted to the District on June 23, 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. On June 26, 2000, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On June 30, 2000, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. 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 29 -feet of right-of-way (an additional 9 -feet) from the centerline of Wilson Lane 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. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will not be compensated for this additional right-of-way because Wilson Lane is a local street and is to be brought to adopted standards by the developers of abutting properties. 2. Construct curb, gutter, and 5 -foot sidewalk and match paving on Wilson Street abutting the site. Improvements shall be constructed to one-half plus 12 -feet of a 40 -foot street section. Construct an ACHD approved temporary turnaround at the end of Wilson Lane. Submit a design of the turnaround for review and approval by District staff. The driveway at the east property line may be used as a temporary turnaround as long as it is not gated. 4. Provide a recorded cross access easement between the parcels within this subdivision for access to the public streets prior to issuance of a building permit (or other required permits). Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact ACHD's Utility Coordinator at 387-2516 or 378-6258 (with file number) for details. 6. Construct a curb cut driveway at the east and west property line as proposed and paved to their full -required width of 24 to 30 -feet at least 30 -feet beyond the edge of pavement of Wilson Lane. 7. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. The District requires driveways be paved to their full -required width of 24 to 30 -feet at least 30 -feet beyond the edge of pavement of Wilson Lane and 8. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Wilson Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Page 2 M C U P-00-03 3 /M A Z00-013 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. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two 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 construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 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. 7. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. No change in the tenors 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 confinnation of any change from the Ada County Highway District. Page 3 M C U P-00-03 3 /M A Z00-013 Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Planning and Development staff at 387-6170. Since ly, OPlarry S a anni and Development Supervisor cc: Project file City of Meridian Chron Page 4 M C UP -00-033/M AZ00-013 An EKLMNFIsom Wns F. GGRAY, In BRENTJ.JOHNSON D. SAmuEL Jomsm Wtt JAM A. MORROW Wn.LIAM F. NicxoLs CHRISTOPHER S. NYE PIMIP A. PETERSON STEPHEN L. PRUSS Eine S. RossmAN Tom A. RoswAN DAviD M. SWARTLEY TERRENCE R. WHITE WHITE, PETERSON, PR USS�t�MORROW & GIGRAY, P.A. ATTORNL TM S AT LAW 200 EAST CARLTON AvENVE PosT OFFICE Box It SO MERIDIAN, IDAHO 83680-1150 To: Staff Applicant Affected Property Owner(s) TEL (2O0S8)22888.24919 FAX 80 August 14, 2000 Re: Application Case No. AZ -00-013 PLEASE REPLY TO MERIDIAN OFFICE FF"TvED AUG 1 4 2000 CITY OF MERIDIAN FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findings and Recommendations of the Planning and Zoning Commission shall be presented to the City Council at the public hearing on the above referenced matter by the Plannin and Zoning Administrator. Due to the volume of matters which the City Council must decile, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: 1. That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be Findings to state your position on this application by addressing the Findings and Recommendations of the Plannuig and Zoning Commission; and 2. That you carefully complete (be sure it is legible) the Position Statement if You disagree with the Findings and -Recommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you pp_repare a Position Statement and deliver it to the City Clerk prior to the hearing_ if possible. If that is not possible, please present your Position Statement to the City Council at the hearing, along with eight (S) copies. The copies will be presented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the City Attorney. If you are a part of a group, it is strongly recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Ve truly yours, City Attorney's O i .-1 BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 5.4 ACRES FOR ELLIOT INDUSTRIAL PARK SUBDIVISION BY ELLIOT GROUP, LLC Case No. AZ -00-013 RECOMMENDATION TO CITY COUNCIL 1. The property is approximately 5.4 acres in size and is located on the south side of Wilson Lane, south of Fairview Avenue and east of Locust Grove Road. The property is designated as Lot 7 of Pleasant Valley Subdivision. 2. The owner of record of the subject property is Tressie Snodgrass, of Meridian, Idaho. 3. Applicant is Elliott Group, LLC, of Meridian, Idaho. 4. The property is presently zoned by Ada County as R-8, and consists of pasture ground. 5. The Applicant requests the property be zoned as I -L Light Industrial. 6. The subject property is part of a lage Ada County enclave bounded by City limits. 7. The property which is the subject of this application is within the Area of Impact of the City of Meridian. RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING - ELLIOT INDUSTRIAL PARK SUBDIVISION - ELLIOT GROUP LLC -'y 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. The Applicant proposes to develop the subject property in the following manner: two new industrial lots. 10. The Applicant requests zoning of the subject real property as Light Industrial I -L which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Use Development. 11. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION I . The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 1.1 In accordance with Comprehensive Plan policy 4. 1, page 56, of the Transportation Chapter, a condition of Annexation and the RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING - ELLIOT INDUSTRIAL PARK SUBDIVISION - ELLIOT GROUP LLC Development Agreement shall be to construct a multiple use pathway along the Jackson drain on the southern boundary of the subject property. The Planning and Zoning Commission recommends that the pathway along Jackson Drain be addressed in the Conditional Use Permit process for Lot 2. 1.2 In accordance with Comprehensive Plan policy 5.16U, pg. 28 of the Land Use chapter, a condition of annexation and the Development Agreement shall be to submit a Conditional Use Permit application for any future use and development of Lot 2 as designated in the proposed Preliminary Plat (even those uses permitted under the I -L zone). The Planning and Zoning Commission recommend the Lot 2 will be part of a separate Conditional Use Permit. 1.3 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. Adopt the Recommendations of the Ada County Highway District as follows: 1.4 Dedicate 29 -feet of right-of-way (an additional 9 -feet) from the centerline of Wilson Lane 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. 1.5 Construct curb, gutter, and 5 -foot sidewalk and match paving on Wilson Street abutting the site. Improvements shall be constructed to one-half plus 12 -feet of a 40 -foot street section. 1.6 Construct an ACHD approved temporary turnaround at the end of Wilson Lane. Submit a design of the turnaround for review and approval by District staff. 1.7 Provide a recorded cross access easement for the parcels to the south to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). 1.8 Utility street cuts in pavement less than five years old are not allowed RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING - ELLIOT INDUSTRIAL PARK SUBDIVISION - ELLIOT GROUP LLC unless approved in writing by the District. 1.9 Construct a curb cut driveway at the west property line as proposed. 1.10 Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. The District requires driveways be paved to their full -required width of 24 to 30 -feet at least 30 -feet beyond the edge of pavement of Wilson Lane and 1.11 Other than the access point(s) specifically approved with this application, direct lot or parcel access to Wilson Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Z:\Work\NWeridian 15360M\Recommendations\AZ013ERiotRec.wpd RECOMMENDATION TO CITY COUNCIL - 4 ANNEXATION AND ZONING - ELLIOT INDUSTRIAL PARK SUBDIVISION - ELLIOT GROUP LLC Meridian City Council Me( September 19, 2000 Page 61 McCandless: Second. Corrie: Motion made and seconded to delay acting on Item 10 until we've gotten done with Item 18 and 19. Is there any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Item 11. Continued Public Hearing from September 5, 2000: AZ 00-013 Request for annexation and zoning of 5.4 acres for proposed Elliot Industrial Park Subdivision for office and shop in an I -L zone by Chuck Elliot, The Elliot Group — south of Fairview Avenue and east of Locust Grove Road on Wilson Lane: Corrie: Item No. 11. Continued Public Hearing on Item No. 11 — Elliot Industrial Park Subdivision — request for annexation and zoning of 5.4 acres for proposed Elliot Industrial Subdivision for shop and office in an I -L zone by Chuck Elliot. So that's where we are, right, Shari? Do we have a variance on him as well? Nichols: Item 20. Corrie: Okay. So we need to do Item 11 and 12. Stiles: Item 20 only has to do with the Conditional Use Permit. Bird: So then you have got to do 11, 12, 20 and 13. Is that right? Stiles: Yes. Corrie: Okay. So we can do 11 McCandless: What about 13? Then we go to 20 and then 12, right? Corrie: 13? That's a Conditional Use Permit. Bird: We can do 11, can't we? Corrie: 12 is the request for Preliminary Plat — we have to wait until we have the request for variance and then the request for Conditional Use Permit afterwards. So we can do 20. Is that correct, Shari? 20, then 12 and then 13? And do 11 now? Stiles: Yes. Corrie: All right. Then let's do 11. Continued public hearing. This is a request for annexation and zoning of 5.4 acres for proposed Elliot Industrial Park Meridian City Council Mees September 19, 2000 Page 62 Subdivision. At this time, I'll open the public hearing on Item No. 11 and invite staff first for comments. Stiles: Mr. Mayor and Council. This is a request for annexation and zoning to a light industrial zone. It's immediately south of what's known as the Elm Park Development here. This would be the Econo Lube Development, D & B Supply here, Wilson Lane coming down — As far as the annexation and zoning, staff could support the request for annexation and zoning provided that all uses are required to go through the Conditional Use Permit Process. I also had some — a request for changes on the recommendation to City Council. This is a recommendation to City Council, but we have some clarification on that. On page 2 of the Annexation and Zoning, Item No. 11 says there are no significant or scenic features of major importance that infect the consideration of this application. We believe that the Jackson Drain is a scenic feature of major importance that should be included in the Development Agreement that that must be protected and enhanced as part of this development. Also, on page 3 — it would be at the top of the page at the end of the first paragraph. It says that the Planning and Zoning Commission recommends that the pathway along Jackson drain be addressed in the Conditional Use Permit process for Lot 2. We believe this also needs to be addressed in the annexation and zoning and would request language that the applicant is to provide an easement and construct a pathway along the Jackson Drain if the City's pathway plan shows a path on the north side of the Jackson Drain. We also have some concerns about some of the permitted uses within a light industrial zone and would like to be able to work with the developer in that Development Agreement to specifically prohibit some of the more obnoxious uses that could be permitted in the light industrial zone. Corrie: Public hearing — the developer at this point. Nickel: Mr. Mayor and Council. Shawn Nickel from Hubbell Engineering, 701 Allen Street in Meridian. Those conditions are acceptable to the developer provided that his fence company is not obnoxious use. I'll stand for any questions. Corrie: Any questions, Council. Bird: I have none. Corrie: Anyone else that would like to issue testimony on Item no. 11? Hearing none. Nichols: Shari? In a limitation of uses, are you looking to limit uses that would be offensive to the — Is there some existing development that you're worried about? Meridian City Council Mee� ^ September 19, 2000 Page 63 Stiles: Maybe we could take some language from like the Stonebridge Development that actually outright prohibited some of the things that could be permitted in a light industrial zone — things such as asphalt and concrete — Well, contractors' yards — they are permitted outright now, but we are going to require a Conditional Use Permit on all of these things. A lumber yard would be permitted. Junkyard could be in there with a Conditional Use Permit. Nichols: My specific question is if I'm going to draft this and put some specifics in with regard to limitations in this light industrial zone, I'd like to know what those are so that I can put those in. I can go from something like Stonebridge, but I think the Council would need to understand that we might be back here asking for amendment to the findings before they actually adopt them once the applicant sees what those limitations are. Stiles: Could I just name off some? All of them? The ones that are currently permitted in that zone that I don't think should be permitted. Nichols: It would be the Council's pleasure as far as whether you want that now or you want us to — Corrie: Any objections, Council? De Weerd: No. Stiles: Prohibit dry cleaning due to its location next to that natural waterway and some of the problems associated with ground water contamination from those types of facilities — truck stop. I don't know if you have any preferences about a service station. Asphalt and concrete should be prohibited. It also shows carpet and dry cleaning again. It's a separate use. Junkyard be prohibited, fuel yards prohibited, lumberyard prohibited. I don't think they would do it because of the size of it. Mobile home manufacturing, recycling plant, solid waste transfer station, and I think that pretty much covers it as far as the uses that are permitted or — like the junkyard would be a Conditional Use, but if they could outright prohibit that. Nickel: Thank you. Shawn Nickel from Hubbell again. All are acceptable but with the exception of the lumberyard. Could you explain lumberyards — why? Stiles: I guess it's just the size of the piece that's left. Were you wanting it for a lumberyard in there? Nickel: As long as it's not a fence company. Fence manufacturing is not considered close enough to be a lumberyard. Stiles: Contractors' yards are still permitted, but everything is going to be a Conditional Use, so I think we — Meridian City Council Meed September 19, 2000 Page 64 Nickel: As long as we got that on the record, then those will be fine. Corrie: Anything else? I'll entertain a motion for the closure of Item No. 11. Anderson: So moved. Bird: Second. Corrie: Motion made and seconded to close the public hearing on Item no. 11. Further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Okay. Discussion? Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion that we instruct the City Attorney to draw up the Findings of Facts and Conclusions of Law in favor of granting the annexation and zoning request for 5.4 acres for the Elliot Industrial Park Subdivision for an office and shop in an I -L zone by Chuck Elliot — south of Fairview Avenue and east of Locust Grove Road on Wilson Lane subject to staff comments. Bird: Second. Corrie: Okay. Motion made and seconded to have the attorney draw up the Findings of Facts and Conclusions of Law in favor of the annexation and zoning with the conditions of the staff. Any further discussion? Hearing none. Roll -call vote, Mr. Berg. Roll -call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES. Item 12. Continued Public Hearing from August 15, 2000: PP 00-015 Request for Preliminary Plat approval of 2 building lots on 5.4 acres for proposed Elliot Industrial Park Subdivision in an I -L zone by Chuck Elliot, The Elliot Group - south of Fairview Avenue and east of Locust Grove Road on Wilson Lane: Item 13. Tabled from August 15, 2000: CUP 00-033 Request for a Conditional Use Permit to construct an office and shop for proposed Elliot Industrial Park Subdivision in an I -L zone by FILE COPY DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Elliott Group, L.L.C., Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 2000, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and ELLIOTT GROUP, L.L.C., hereinafter called "DEVELOPER", whose address is 2065 E. Fairview Ave., Meridian Idaho 83642. 1. RECITALS: 1.1 WHEREAS, "Owner" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the owner or "Owner/Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance I 1-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Light Industrial (1 -Ll, (Meridian City Code §§ 11-7-2 C); and DEVELOPMENT AGREEMENT (AZ -00-013) -I 1.5 WHEREAS, "Owner/Developer" made representations at the public hearings both before the Meridian Planning SL Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning &- Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the _ day of , 2000, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, both the "Findings" require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning DEVELOPMENT AGREEMENT (AZ -00-013) - 2 designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Elliott Group, L.L.C., whose address is 2065 E. Fairview Ave., Meridian, Idaho 83642, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "OWNER": means and refers to Tressie Snodgrass, of , the owner of said "Property" and shall include any subsequent owner(s) of the "Property". DEVELOPMENT AGREEMENT (AZ -00-013) - 3 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance . codified at Meridian City Code Sections 11-7-2 N which are herein specified as follows: f I l) L ght Industrial District: The purpose of the (I -L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.A "Developer"/"Owner" shall enter into a Development Agreement, that provides in the event the conditions therein are not met by DEVELOPMENT AGREEMENT (AZ -00-013) - 4 the Developer that the property shall be subject to de -annexation, with the City of Meridian which provides for the following conditions of development to -wit: 3.1 In accordance with Comprehensive Plan policy 4. 1, page 56, of the Transportation Chapter, a condition of Annexation and the Development Agreement shall be to construct a multiple use pathway along the Jackson drain on the southern boundary of the subject property. That the pathway along Jackson Drain be addressed in the Conditional Use Permit process for Lot 2. 3.2 In accordance with Comprehensive Plan policy 5.16U, pg. 28 of the Land Use chapter, a condition of annexation and the Development Agreement shall be to submit a Conditional Use Permit application for any future use and development of Lot 2 as designated in the proposed Preliminary Plat (even those uses permitted under the I -L zone). That Lot 2 shall be part of a separate Conditional Use Permit. 3.3 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 3.4 Any existing irrigation/drainage ditches crossing the property to be included in this project, except the Jackson Drain, shall be tiled per City Ordinance. Plans shall 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. 3.5 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. DEVELOPMENT AGREEMENT (AZ -00-013) - 5 3.6 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance (Ord. 11- 13). 3.7 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. 3.8 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. 3.9 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. 3.10 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. 3.11 Provide five -foot -wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 3.12 All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows: 3.13 Dedicate 29 -feet of right-of-way (an additional 9 -feet) from the centerline of Wilson Lane 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. DEVELOPMENT AGREEMENT (AZ -00-013) - 6 3.14 Construct curb, gutter, and 5 -foot sidewalk and match paving on Wilson Street abutting the site. Improvements shall be constructed to one-half plus 12 -feet of a 40 -foot street section. 3.15 Construct an ACHD approved temporary turnaround at the end of Wilson Lane. Submit a design of the turnaround for review and approval by District staff. 3.16 Provide a recorded cross access easement for the parcels to the south to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). 3.17 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 3.18 Construct a curb cut driveway at the west property line as proposed. 3.19 Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. The District requires driveways be paved to their full -required width of 24 to 30 -feet at least 30 -feet beyond the edge of pavement of Wilson Lane. 3.20 Other than the access point(s) specifically approved with this application, direct lot or parcel access to Wilson Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Additional action of the City Council from their September 19, 2000 meeting are as follows: 3.21 The Jackson Drain is significant and shall be protected. DEVELOPMENT AGREEMENT (AZ -00-013) -7 3.22 If the City's pathway plan shows a pathway on the north side, then the developer shall construct a pathway along the easement. 3.23 The following, which would be offensive in the I -L zone, shall be prohibited as follows: a. Dry cleaning establishment. b. Truck stop. C. Asphalt and concrete business. d. Junk yard. e. Fuel yard. f. Lumber yard. g. Mobile Home manufacturer h. Recycling plant. i. Solid Waste transfer. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer"/"Owner" or "Developer"'s/"Owner's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer"/"Owner" consents upon default to the de -annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer"/"Owner" and if the "Developer"/"Owner" fails to cure such failure within six (6) months of such notice. DEVELOPMENT AGREEMENT (AZ -00-013) - 8 8. INSPECTION: "Developer"/"Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Developer"/"Owner", "Developer"'s/"Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Developer"/"Owner" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s/"Owner's" cost, and submit proof of such recording to "Developer"/"Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. DEVELOPMENT AGREEMENT (AZ -00-013) - 9 1_* -1 lo-. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer"/"Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer"/"Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer"/"Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer"/"Owner" have entered into an addendum agreement stating when the improvements will be completed in a DEVELOPMENT AGREEMENT (AZ -00-013) - 10 phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer"/"Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER- Elliot EVELOPER Elliot Group, L.L.C. 2065 E. Fairview Ave. Meridian, Idaho 83642 OWNER Tressie Snodgrass, 2030 E. Fairview Ave. Meridian, Idaho 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This DEVELOPMENT AGREEMENT (AZ -00-013) - 11 provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". DEVELOPN ENT AGREEMENT (AZ -00-013) - 12 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Cleric. DEVELOPMENT AGREEMENT (AZ -00-013) - 13 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. ELLIOTT GROUP, L.L.C.. DEVELOPER Member Attest: Member BY RESOLUTION NO. TRESSIE SNODGRASS, OWNER CITY OF MERIDIAN I: Attest: City Clerk Mayor Robert D. Come DEVELOPMENT AGREEMENT (AZ -00-013) - 14 BY RESOLUTION NO. STATE OF IDAHO ) ss COUNTY OF ADA ) On this day of , in the year 2000, before me, a Notary Public, personally appeared and known or identified to me to be the Members of Elliott Group, L.L.C., who executed the instrument on behalf of said Limited Liability Corporation and acknowledged to me having executed the same. (SEAL) Notary Public for Idaho Commission expires: STATE OF IDAHO ) :ss COUNTY OF ADA ) On this day of , in the year 2000, before me, a Notary Public, personally appeared Tressie Snodgrass, who executed the instrument and acknowledged to me having executed the same. (SEAL) Notary Public for Idaho Commission expires: DEVELOPMENT AGREEMENT (AZ -00-013) - 15 STATE OF IDAHO ) ss County of Ada ) On this day of , in the year 2000, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) Notary Public for Idaho Commission expires: DEVELOPMENT AGREEMENT (AZ -00-013) - 16 EXHIBIT A Legal Description Of Property A portion of Lot 7 of Pleasant Valley Subdivision in the North 1/2 of Section 8, T.3N., R- 1 E., B.M., Ada County, Idaho, as same is recorded in book 12 of Plats at Page 665, records of Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 5, 6, 7 and the said Section 8, from which the 1/4 corner common to said Sections 5 and 8 bears South 89°59'16" East, 2652.60 feet; thence South 89059116" East, 1284.09 feet; thence South 00°19'14 West, 454.99 feet to the southeast corner of Econo Lube Subdivision, as same is recorded in Book 76 of Plats at Page 7954, records of Ada County, Idaho, said point being the REAL POINT OF BEGINNING. Thence South 89'59'19" East, 205.80 feet to a point on the West boundary of Lot 6 of said Pleasant Valley Subdivision; thence along said West boundary and said West boundary extended South 00030124" West, 21.03 feet; thence continuing South 00°34' 14" West, 1189.55 feet to a point on the South boundary of said Lot 7 thence along said South boundary North 67°58'02" West, 195.96 feet thence North 65°14'38" West, 21.31 feet; thence departing said South boundary North 00022'03" East, 1128.14 feet to the Point of Beginning. Containing 5.47 acres more or less. Also, this parcel is subject to all easements and rights-of-way of record or implied. DEVELOPMENT AGREEMENT (AZ -00-013) - 17 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval Z•1Work\M\Meridian 15360M\Elliot Indust Park Sub AZO 13PPOI5C TP033\Develog_Agx.= DEVELOPMENT AGREEMENT (AZ -0"13) - 18 C.ertified Mailing Retu---i Project Name C+uk File No(s) '47, Date of Hearing Name Address Reason for Return ,A-_ 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 August 15, 2000, for the purpose of reviewing and considering the application of Chuck Elliot / Elliot Group, LLC, for annexation and zoning of 5.4 acres for proposed Elliot Industrial Park for office and shop in an I -L zone; Furthermore, the applicant requests Preliminary Plat approval of two building lots on 5.4 acres in an I -L zone generally located south of Fairview Avenue and east of Locust Grove Road on Wilson Lane. 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 hear the public is welcome and invited to submit testimony. DATED this 21St day of July, 2000 PUBLISH July 28 and August 11, 2000. "eQ,- WILLIAM G. BERG, JR., ITY LERK oa`orFo SEAL - G , T is .*� ��✓ll r�SD )$ tk iilVl��A z 0 AVESi 0 m N III II PLAZA 0 SUBDIVISION S.6 FAIRVIEW AVE. N PROPOSED PROJECT SITE U O J wal x JL SCALE: 1 " = 300' sent by: Ulty or meriaian; f_ BWINC BRANI71' UONAI.D K SU= #120 BOISE ID 83709-0000 w 2075 E FAIRVIEW AVE 2115 E RA RVIEW AVE 2075 E FAIRVIEW AVE S LOCUSTGROVE RD 1830 F PINE AVE IF, PINE AVE 2Ubbbdddt)4; Apr -21 -uu 2:12F'm; Fuge 2/3 CB FINANCIAL. DEVELOPMENT LLC 10378 I"AIRVIEW AVE STE 21.6 BOISE ID 83704-0000 E FAIRVIEW AVE ELLIOTT INDUSTRIAL CO INC 424 PEBBLE BEACH WAY f EAGLE ID 83616-5184 2065 E FAIRVIEW AVE SCHRANDT FAMILY LTD a PARTNERSHIP - 3303 E LINDEN ST CALDWELL Ill 83605-6077 1725 E FAIRVIEW AVE FFCA ACQUISITION CORPORATION 17207 N PF.RIMF-77-R DR SCOTTSDALE AZ 65255-0000 1921 E FAIRVIEW AVE WILD SHAMROCK LLP 12.301 W EXPLORER DR STE-240 BOLSE ID 83713-6000 1975 E FAIRVIEW AVE 1951 E FAIRVIF.W AVE 1943 F HAIRVIEW AVE E FAIRVIEW AVE SNODGRASS 'ItiD & SNODGRASS TRESSIF.. 10029 PRAIRIE RD BOISE IIS 83703-0000 F. WTI SON IN TUCKNESS I.AWF-F-NCE R & TUCKNESS LOIS F-STHER 1621 E COUGAR CREEK DR MERIDIAN ID 83642-7339 E WILSON I.N WALLTRUST THE MYALL T E & B C TRUSTEES 6227 MARLBOROUGH DR GOLETA CA 93117-1637 1470 N LOCUST GROVE RD BAKLR DENNIS M BRAND T DON 250 BLF'.(;HWOOD DR STE 120 BOISE ID 83709-0944 1190 N LOCUST GROVE RD L wX-� July 13, 2000 AZ -00-013 MERIDIAN PLANNING & ZONING MEETING July 19, 2000 APPLICANT Chuck Elliott/Elliott Group LLC ITEM NO. REQUEST Annexation and Zoning of 5.4 acres zoned I -L for proposed office and shop - South of Locust Grove on Wilson Lane AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS ADA COUNTY HIGHWAY DISTRICT: see attached CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: ll" I IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: jwc* ff [ic� Date: -I/1-116V Phone: "Iq' 0,� 03 Materials presented at public meetings shall become property of the City of Meridian. Ada Cottnl"'Wia4w ,2)ijt,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(a)achd.ada.id.us June 16, 2000 Elliott Group, LLC Chuck Elliott 2065 E Fairview Ave Meridian, ID 83642 Re: Staff Level Approval MCUP-00-03 3/MAZ-00-013 Facts and Findings: Wilson Lane s/of Fairview Ave e/o Locust Grove RECEIVE't JUL 0 3 2000 CITY OF MERIDIAN CITY r.t FRK nFF'ICE Light Industrial A. The Ada County Highway District (ACHD) staff has received the above referenced application requesting conditional use approval for a four -lot industrial park. The 5.4 -acre site is located on the south side of Wilson Lane approximately 1,250 -feet east of Locust Grove Road. This development is estimated to generate approximately 320 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. B. The application and site plan stamped as received by the City of Meridian on April 26, 2000, and submitted to the District on May 22, 2000, have been reviewed by the ACHD Planning and Development staff and confornis 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 Nvith District standards/policy or an appeal of the Planning and Development staff decision is submitted as described xvithin the Standard Requirements outlined below-. On June 5, 2000, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On .lune 13, 2000, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements The following requirements are provided as conditions ol' approval: Site Specific Requirements: Dedicate 29 -feet of right-of-way (an additional 9 -feet) from the centerline of Wilson Lane 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. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will not be compensated for this additional right-of-way because Wilson Lane is a local street and is to be brought to adopted standards by the developers of abutting properties. 2. Construct curb, gutter, and 5 -foot sidewalk and match paving on Wilson Street abutting the site. Improvements shall be constructed to one-half plus 12 -feet of a 40 -foot street section. Construct an ACHD approved temporary turnaround at the end of Wilson Lane. Submit a design of the turnaround for review and approval by District staff. 4. Provide a recorded cross access easement for the parcels to the south to use this parcel for access to the public streets prior to issuance of a building pen -nit (or other required permits). 5. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact ACHD's Utility Coordinator at 387-2516 or 378-6258 (with file number) for details. 6. Construct a curb cut driveway at the west property line as proposed. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. The District requires driveways be paved to their full -required width of 24 to 30 -feet at least 30 -feet beyond the edge of pavement of Wilson Lane and Other than the access point(s) specifically approved with this application, direct lot or parcel access to Wilson Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 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 fi-om 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 Nvill 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 incltidea minimum fee of S1 10.00. The request for reconsideration shall Page 2 NII(I I P-oo-n; z -NIA Zoo -o I.-, 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. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 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 pen -nit (or other required pern-iits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 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. Page 3 M C U P -00-033/M A Z00-013 /'\ Conclusion ol' Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Plannino and Development staff at 387-6170. Sincerely, Larry e Planning and Development Supervisor cc: Project file City of Meridian Chron Paoc 4 Z O — F- LOQP LANEE S AVE-' PLAZA SUBDIVISION LL > 0 m uo 0 0 S.6 S.5 FAIRVIEW AVE. a LiF7 c� U J J L wiEseN LANEO PROPOSED PROJECT sFrr s q� SIT SCALE: 1 " = 300' m Iz MAY©R Robert D. Corrie CITY COUNC14 MEMBF-itS Ron Andsrson Keith Bird Tammy dewcord Cherie McCandless- A� . ,MEMOIRANDUM: ^ H013 OF TREASURE VALLEY ^ A Guod Plac:c to Live CITY OF MERIDIAN 33 FAST IDAHO MERIDIAN, IDAHO 83642 (208) 838.4433 • Fax (20R) RR7-4R 13 City Clerk Officc Fax (208) 888-4218 July 14, 2000 To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Senior Engineering Technician Brad Hawkins -Clark, Planner/ek�C, Re: ELLIOT INDUSTRIAL PARK SUBDIVISION Request for Annexation and Zoning of 5.4 Acres from R-8 to T -L by Chuck Elliott/Elliott Group, LLC (File AZ -00-013) Preliminary Plat of 5.4 Acres with Two Buildable Lots by Chuck Elliott/Elliott Group, LLC (File PP -00-015) Conditional Use Permit for Office and Shop on Single Lot by Chuck Elliott/Elliott Group, LLC (File CUP -00.033) 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 ofthe Meridian City Council.- APPLICATIONS ouncil.APPLICATIONS SUMMARY There are three separate applications covered in this report, each addressed separately after the summary. The subject parcel is recorded as Lot 7 of Pleasant Valley Subdivision, is currently pasture ground and lies within a large Ada County enclave bounded by City limits. The anndxation application proposes a City zone of Light Industrial (I -L) for the entire 5.4 -acre parcael. The Preliminary Plat application proposes to create two new industrial lots, Lot 2 being a llaglot. There are no new public roads proposed within the boundaries of the plat. A CUP is required for all new development within the Mixed/Planned Use Development area of the Comprehensive Plan. The Conditional Use application proposes a new 2.400 s.f. office building and 5,400 s.f. shop for Butte Fence, Inc. As a part of the CUP, the Applicant is also requesting a reduction in the castem landscape strip required width. LOCATION The property is located on the south side of Wilson Lane, approximately 450 feet south of Fair,+icw Avenue, and 1,200 feet east of Locust Grove Road. It is designated as Mixed/Planned Useillevelopment in the Comprehensive Plan. JUL 14 '00 17 37 Fn;411 tlld" P,r► nz.PP CUP 4 2088886854 PAGE.01 i Mayor, Council and P, July 14, 2000 Page 2 CURRENT OWNERS OF RECORD Tressie Snodgrass is the current property owner and has submitted consent for all applications. GENERAL REQUIREMENTS 11 Any existing irrigation/drainage ditches crossing the property to be Project shall be tiled per City Ordinance. Plans will need to be approved bluded in s appropriate irrigation/dra.inage district, with written confirmation of said approvale 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 b removed from their domestic service per City Ordinance. Wells may be used for none be purposes such as landscape irrigation. 3. Off, -street parking shall be provided in accordance with City of Meridian Zo Development Ordinance (Ord. 11-13). `meg and 4 ' Paving and striping shall be in accordance with the standards set forth in the li Meridian Zoning and Development Ordinance (Ord. 11-13-4) and in accordance �of Americans with Disabilities Act (ADA) requirements. h S• A drainage plan designed by a State of Idaho licensed architect or engineer and shall be submitted to the City Engineer for all off-street parking areas. rAll site ui drainage shall be contained and disposed of on-site. 6. Outside lighting shall be designed and placed so as not to direct illumination nearby residential areas and in accordance with City Ordinance Section 1-13 4 C. and 12-5-2.M. i 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. g• Provide five -foot -wide sidewalks in accordance with City Ordinance Ord. 12-5- ; ( 2.K). g• i, All construction shall conform to the requi Act. rements of the Americans with Disabilities ANNEXATION & ZONING REQUIREMENTS (Fite AZ -00-013} 1 The legal description submitted with the application meets the requirements of the C' of Meridian and State Tax Commission. The parcel is contiguous to the existin corporateht city limits of the City of Meridian. g AZ -00-01% PP -06015. C1'-00.03 i ` N"011 WUX Perk AZ.PP.CUP du JUL 14 '00 17:37 2088886854 PAGE.02 — ;,, r-aUe J Mayor, Council and P, July 14, 2000 Page; 3 2• Stat1' supports the requested annexation, particularly as a large infill lot with sewer and water services readily accessible to the property. The requested I -L zone is compatible with the adjacent uses on the north of automobile service (C -G) and complies with the Comprehensive Plan designation of Mixed/Planned Use Development. 3. In accordance with Comprehensive Plan policy 4. 1, pg. 56, of the Transportation Chapter, a condition of Annexation and the Development Agreement shall be to construct a multiple use pathway along the Jackson Drain on the southern boundary of subject property. 4. In accordance with Comprehensive plan policy 5.16U, pg. 28, of the Land Use Cha condition of Annexation and the Development A to mit a Conditional Use Permit application for any future use and deve olment of Lot 2t as desigmated in the proposed Prelimi zone).' flat (even those uses permitted under the t -L 5. Applicant shall be required to enter into a Development Agreement with the Citv as a condition of annexation. Annexation Recommendation Staff recommends approval. of the annexation with the above conditions. PR$LIM1NARy PLAT GENERAL COMMENTS (kyle PP -00-015) 1 The subject lot is cumntly part of Pleasant Valley Subdivision. Therefore, a note must be added to the face of the plat stating Elliott Industrial Park Subdivision is a Re - Subdivision of the Pleasant Valley plat. — 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to eater 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. 4. 1 If possible, respond in writing to the each of the comments contained in this memorandum, prior to the scheduled July 19, 2000 hearing by the Meridian Planning and Toning Commission. Submit ten copies of any revised Prelim at Map to the City Cterk's Office a minimum of one week prior to the hearing by the City Council. AZ -"3, rP-00.015, cup -M033 Elliai 1'dwPuk n[.YY.CUP due i JUL 14 '00 17:38 2088886854 PAGE.03 Mayor, Council and P, —� July ) 4, 2000 Page,'4 PRS,.LIMINARY PLAT R.EQUIREMENTS (File PP -00-015 1. � Sanitary sewer service to this site is proposed to be via an extension from main installed in Wilson Lane. Subdivision designer the existing routing with the public Works De gner to coordinate main sizing and the sewer lines on the south and west Department. of the cenrerlineewer ,eS are t0 be provided to keep 2. Sanitary sewer service to Lot 2, Block I is questionable due t and adverse slope towards the Settlers C °theiY sewer depth the minimum slope requirement would be o per the UniformaPlbing line is proposed, Plumbing Code. 3. Water service to this site is proposed to be via an extension from installed in Wilson Lane. Applicant will be responsible to construct thter Mai t e existing main i and through this proposed development. Subdivision designer to coordinatemainsizing and routing with the Public Works De t. department with information on anticipated tireflowand dome sticPlease e the Public works for the proposed site. Water service to this development is contingent requirements results from a hydraulic analysis by our computer model. Flow and ent upon positive existing mains should be monitored with the Meridian Water Departmentressure from the 4. Two -hundred -fifty designated watt -pressure sodium streetlights will be required at locations gnated by the Public Works Department. All street is subdivider's expense. Typical locations are at street intersections and/or be installed at ire hydrants. S. Underground year-round pressurized irrigation must be provided to site. Please submit hook-up and design details based on the Proposed 1l cape areas Don ue to the size of landscaped area, primary water supply connection to the dscaping. Due not be A]lowed. Applicant shall be required to utilize an existing Crty's mains will for the primary source. If City wager is proposed as a secondary der well water be responsible to pay water assessments for the entire common open area, developer shall 6 Applicant has not indicated whether the pressurized irrigation development is to be owned and maintained by an association or�he system within this Irrigation District. If the system is being proposed as a rivate Nampa & Meridian Spec ifications for the irrigation system shall be reviewed b system, pians and Department as part of the development plan review process Y the Public Works Pressurized irrigation system O&M manual must be submitted A draft copy of the City of Meridian requires that pressurized irrigation systems be suppli d b approval. to plan rThe source of water. If a creek or well source is not available a sin e- Y year-round ° culinarysingle-point point connection to the water system shall be required. If a single -point connection developer shall be responsible for the payment of assessments for the c is utilized, the source, developer shall be responsible t to signature on the final plat by the Meridian City Engineer. If Cit water areas prior a secondary o pay water asseyssment is proposed as common open area. s for the entire i A2.00-0ti1. PM1OO.015. CUNOMO),t i PJhm ladwt Pak-A"P.CUP.dw; JUL 14 '00 1?:38 2088886854 PAGE.04 1 Mayor, Council and P, July 14, 2000 Page,, S 7, 8. a r -dye :;iy Submit a revised plat showing all existing and any proposed easements. No easements are currently shown for the Settlers Canal and Jackson Drain. Ordinance 12-4-8.B. states, "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision." The Jackson Drain which courses the south of this parcel is such a natural feature, providing a natural habitat, and must be preserved in the design and development of Lot 2, Block 1. It should not be piped and should become an open - space amenity for the subdivision. Per item #3 under "Annexation & Zoning Requirements" above and since a public park is designated on the subject parcel in the Comprehensive Plan Land Use Map, Applicant must construct or provide surety for 110% of the projected cost to construct a multi -use pathway adjacent to the Jackson Drain prior to City signature on the Final Plat. The Applicant should coordinate with the City Parks & Recreation Director on pathway location and construction and design standards. Upon future development and extension of the pathway on adjacent parcels, the City may consider receiving conveyance of the pathway and/or taking on responsibility for future maintenance. 'These details must also be worked out with the City Parks & Recreation Department. 10. Meridian Subdivision & Development Ordinance #12-4-7, "Planting Strips and Reserve Strips," requires a minimum 20 -foot wide screen between incompatible development features, including commercial adjacent to residential. The screening shall not he a part of the normal street right of way or utility easement. The eastern property boundary within the proposed plat proposes an industrial zone immediately adjacent to existing residential property. This property boundary shall be required to plant a 20 -foot landscape strip abutting the entire property line and should designate a permanent landscape easement for the strip on the plat. The Landscape Plan (Sheet 2) submitted with the CUP application proposes a 10 -foot wide planting strip. Since there is not a PUD associated with this plat, the 10 -foot reduction will require a formal Variance application to be submitted and approved by City Council. The P&Z Commission should give some direction to Staff and Council regarding the requested width reduction and include the Variance requirement as part of any motion to approve the plat. ] ]. Detailed landscape plans for the eastern boundary landscape planting strip 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. 12. Six -foot -high, solid, perimeter fencing shall be required along the western and eastern boundary of the subdivision. Submit detailed fencing plans forre view and approval with submittal of the Final Plat. City Ordinance allows fencing in the I -L zone to be 8 feet in height but the design must be approved by the P&Z Commission (if over 6 feet). All required fencing is to be in place prior to issuance of building permits. Any existing barb i i JUL 14 '00 17:39 EJ1icit ust Pw,LAzsr cur do, 2ceeee6854 PAGE.05 . ..3 . aye t'/7 Mayor, Council and P, JuJy 14, 2000 Page,6 wire or electric fences on the site must be removed prior to issuance of any Certificate of Occupancy within the subdivision. Preliminary Plat Recommendation Staff recommends approval of the preliminary plat with the above conditions. CONDITIONAL USE REQUIREMENTS (File PP -00-033) Genual Requirements: 1. Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping shall be in accordance with the standards set forth in Sections 11-13- ; 4.1). and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 4. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. 5. All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. 6. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soils scientist with the design of site drainage plan. 7. A Minimum of one (1), 3 -inch caliper tree must be planted for every 1,500 s.f. of asphalt area on the site and served with an underground sprinkling system. 8. i All trash and/or garbage collection areas shall he enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12-1.C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide aletter of approval from SSC to the Planning & Zoning Department prior to applying for building permits. } 9. All construction shall conform to the requirements of the Americans with Disabilities Act. V?160" Iedua P"k.A2,PP.CUP Juc i JUL 14 '00 17:39 2088886854 PAGE.06 !y i Mayor, Council and P, July t 4, 2000 Page�7 Site Specific Requirements: 1. The material storage area shown south of the off /shop building indicates a gravel S urface material. Asphalt/paving is required for all vehicular use areas in the City limits. The City may permit gravel only in special circumstances where there is minimal vehicular access and use of the storage area. The Applicant should indicate the anticipated amount of vehicular activity at the Commission hearing and the Commission should make a determination on the surface material. A primary concern is the amount of dust potentially created by the vehicular and equipment activity. Given the close proximity of the residence to the east, this should be carefully considered. (See Comprehensive Plan Policy 3.4 under "Land Use" below.) 2. The "Future Access" drives shown on the west boundary of Lot 1 appear to be below the required 25 -fool minimum width. Please revise plan to reflect the 25 -foot requirement. 3. Applicant shall indicate if any explosive or hazardous materials will be stored and/or used on the site. (See Comp Plan Policy 3.7 under "Land Use" below.) 4. This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit will need to be submitted and approved i by the Zoning Administrator for any new owners/tenants. RECOMMENDATION Stadrecommends approval of the project with the conditions noted above. COMPREHENSIVE PLAN ANALYSIS The 1993 Comprehensive Plan contains a variety of goals and policies relevant to this application. The following sections most directly apply to the proposed project and are repeated here dor the Council and Commission's consideration during the hearing process. Goo 3 is "to encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliajtce on Boise and strengthens the City's ability to finance and implement public improvements, services, and its open space character." Goa1E 8 is "to establish compatible and efficient use of land through the use of innovative and functional site design." Economic Development 1.1 The City of Meridian shall make every effort to create a positive atmosphere that encourages... commercial enterprises to locate in Meridian. AZ-00-013.PP-W-01 S. CUP•ow)Jj i JUL 14 100 17:39 Mfioa Tadurt PWLAZ.PP.CUY,dw 2088886854 PAGE.07 Mayor, Council and P, July 14, 2000 Page; 8 rays o/�J 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. Lan , Use LW, Promote the development of high-quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods. 2.1L Support a variety of residential categories (urban, rural, single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City Nvith a range of affordable housing opportunities. 2.311 Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 3.4 Industrial uses adjacent to residential areas should not create noise, odor, air pollution, and visual pollution greater than levels normally associated with surrounding residential activities. 3.5 Industrial development should be encouraged to locate adjacent to existing industrial uses. 3.7 ' Industrial uses which require the storage or the production of explosive or hazardous materials should not be located near residential areas, and should conform to disposal, spill and storage measures as outlined by the U.S. EPA, 5.1611 All development requests (in this M/PUD area) will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. o 5.17b A variety of coordinated, planned and compatible land uses are desirable for this area, including ... light industrial land uses. 5.18U Existing residential properties will be protected from incompatible land -use development in this area. Screening and buffers will be incorporated into all development requests for this area. _Natural Resource & Hazardous Areas 2.1V Development along major drainage ways will be restricted to ensure that development does not cause additional ground or surface water contamination. 3.liJ Manage and prevent unsuitable uses along drainageways and protect the flood plain of creeks and drains. 3.211 Protect the potential beauty and recreational trail opportunities of all Meridian waterways. AZ."3, PP�xV�3. USP.00.033 I F OIC uidust Vuk AZ PP.CVP.d. - i JUL 14 '00 17:40 2088886854 PAGE.08 raYs f Mayor, Council and F July;14, 2000 Pago 9 Open Space, Parks and Recreation 2.5 LI New subdivision development... will be considered as opportunities to ... encourage the development of recreational open spaces and parks as part of new planned developments. 3.1 To establish a network of open space corridors that are either improved (landscaped), semi -improved (landscaped pathway only), or unimproved (left natural), which have the potential to: a) Play a major role in conserving area scenic and natural values, especially waterways, dra.inageways, and natural habitat; b) Link residential neighborhoods, park areas and recreation facilities. 3AQ Through subdivision review, annexation, and zoning, emphasize the establishment of connecting trails and open space networks. A/.c1U�y13, YRW.01 J, C117A0.0J S i f JUL 14 '00 17:40 EIIiL*I "M Pint A7. PP C.IIP.d= 2eeeee6854 PAGE.09 .h Ch (CLERK FILE CHECKLiST Project Name: File Number: AZ -00-013 Planning and Zoning Level: Hearing date: 7- / 9 —0'-0 ❑ Transmittals to agencies and others: / `% / !Ja ❑ Notice to newspaper with publish dates: >/o / 30 / Qo and ❑ Certifieds to property owners: R3 / CV o Planning and Zoning Commission Recommends: ❑ Approve Deny Notes: City Council Level: Hearing date:_ ❑ Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: ❑ Certifieds to property owners: ❑ City Council Action: 0 Approve Deny on: ❑ Findings / Conclusions / Order received from attorney on: ❑ Findings / Conclusions / Order: ❑ Approved by Council: ❑ Copies disbursed: Li Findings recorded (if appl.) ❑ Development Agreement: o Sent for signatures: ❑ Signed by all parties: ❑ Approved by Council: ❑ Recorded: ❑ Copies disbursed: Li Ordinance No. and / or Resolution No. ❑ Approved by Council: ❑ Recorded: ❑ Published in newspaper: o Copies disbursed: Notes: and D Resolutions: Original Res / Copy Cert Minutebook Copy Res I Copy Cert: City Clerk City Engineer City Planner City Attorney Sterling Codifiers Project File Copy Res I Original Cert Ada County (CPAs) Applicant (non -CPAs) Recorded Ordinances: Original: Minutebook Copies to: City Clerk State Tax Comm. Sterling Codifiers City Attorney City Engineer City Planner Project file Applicant (if appl.) Findings ! Orders: Original: Minutebook Copies to: Applicant Projectfile City Engineer City Planner City Attorney Record Vacation Findings " Recorded Development Agreements: Original: Fireproof File Copies to: Applicant Projectfile City Engineer City Planner City Attorney i0'20dd MAYOR Robert D. Corrie bbL0b8880E CITY COUNCIL MEMBERS Ron Anderson Kcitlt bird Tammy deWeerd Cheric tVICCandlcss HUB OF TREASURE VALLEY A Good Place (0 Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO $3642 (208) SS8-4433 - Fax (208) 887-a813 City Clcrk Of(icc Fax (208) 888-4213 t7E:TT 00, TZ Nnf LEGAL DEPARTMeN't' ('-08) 288-2499 • Fax 283-2501 PUBLIC; WORKS BUILDING DLPARTMENT (208) 887-2211 • Fax 887• (297 PLANNING AND ZONING DEPARrMENT (208) 834-553: • Fax 88S-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: July 7, 2000 TRANSMITTAL DATE: June 9 2000 HEARING DATE: July 19 2000 FILE NUMBER- A2-00-013 REQUEST: Office and shoD zoned 1-L Li ht Industrial) BY- Chuck Elliott/Elliott Grout). LLC LOCATION OF PROPERTY OR PROJECT: South of Fairview, east of Locust Grove on Wilson Lane - SALLY NORTON BILL NARY, 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 gAiiOa 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 R.ECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: ti'_6 . ,JUN 2 1 2000 CITY OF MERIDIAN MAYOR NUB OF TREASURE VALLEY Robert D. COITie A Good Place to Live LEGAL DEPARTMENT CITY COUNCIL CITY OF MERIDIAN (208) - Fax B 2501 MEMBERS Ron Anderson 33 EAST IDAHO PUBLIC WORKS288-2499 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: July 7, 2000 TRANSMITTAL DATE: June 9, 2000 HEARING DATE: July 19. 2000 FILE NUMBER: AZ -00-013 REQUEST: Office and shop zoned I -L (Light Industrial) 5-.49r,c . BY: Chuck Elliott/Elliott Group, LLC LOCATION OF PROPERTY OR PROJECT: South of Fairview, east of Locust Grove on Wilson Lane - SALLY NORTON BILL NARY, PIZ THOMAS BARBEIRO, PIZ RICHARD HATCHER, PIZ KEITH BORUP, PIZ 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 ILDING 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:" ( 9 ` �/LQiL` vucf h�y �f"G�a �,yy C_h�a.v� Cl tw�- MAYOR r HUB OF TREASURE VALLEY Robert D. Connie A Good Place to Live LEGAL DEPARTMENT CITY COUNCIL CITY OF MERIDIAN (20$) 2 9 - Fax 288.250' MEMBERS Ron Anderson 33 EAST IDAHO PUBLIC PUBLIC woRKs 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: July 7, 2000 TRANSMITTAL DATE: June 9, 2000 HEARING DATE: July 19, 2000 FILE NUMBER: AZ -00-013 REQUEST: Office and shop zoned I -L (Light Industrial) S. BY: Chuck Elliott/Elliott Group, LLC LOCATION OF PROPERTY OR PROJECT: South of Fairview, east of Locust Grove on Wilson Lane - SALLY NORTON BILL NARY, 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 :&IRE DEPARTMENT 0LICE 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 C C E REMARKS: fill, J U N 9 2000 CIPr OF ME) z '� 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: July 7, 2000 TRANSMITTAL DATE:_ June 9, 2000 HEARING DATE: July 19, 2000 FILE NUMBER: AZ -00-013 REQUEST: Office and shop zoned I -L (Light Industrial) S GCS BY: Chuck Elliott/Elliott Group, LLC LOCATION OF PROPERTY OR PROJECT: South of Fairview, east of Locust Grove on Wilson Lane - SALLY NORTON BILL NARY, 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 �AMMY de WEERD, C/C WATER DEPARTMENT SEWER DEPARTMENT _SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER J U N 2 0 2000 CITE' OF MERIDUN 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 RECEIVED JUN 16 2000 Meridian City Water Superintende>gt MAYOR KUB OF TREASURE VALLEY Rohert D. Corrie _ A Good Place to Live LEGAL DEPARTMENT CITY COUNCIL CITY OF MERIDIAN (208) 288-2199 - Fax 288-2501 iNIENIBERS 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: July 7, 2000 TRANSMITTAL DATE:_ June 9, 2000 HEARING DATE: July 19, 2000 FILE NUMBER: AZ -00-013 REQUEST: Office and shop zoned I -L (Light Industrial) S GCS BY: Chuck Elliott/Elliott Group, LLC LOCATION OF PROPERTY OR PROJECT: South of Fairview, east of Locust Grove on Wilson Lane - SALLY NORTON BILL NARY, 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 �AMMY de WEERD, C/C WATER DEPARTMENT SEWER DEPARTMENT _SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER J U N 2 0 2000 CITE' OF MERIDUN 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 RECEIVED JUN 16 2000 Meridian City Water Superintende>gt 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 C mission of the City of Meridian will hold a public hearing at the Meridian City H I, 33 East Idaho Street, Meridian, Idaho at the hour of 7:00 p.m. on June 13, 2000 r the purpose of reviewing and considering the application of Chuck Elliott/Elliott roup, LLC for annexation and zoning of 5.4 acres from R-8 to I -L for proposed ice and shop located south of Fairview and east of Locust Grove on Wilso ane. Furthermore, the appli/reque a conditional use permit for proposed office and shop. A more particular descabove property is on file in the City Clerk's office at Meridian City Hall 3 East Idaho Street, and is available for inspection during regular business hour . A copy of" application is available upon request. Any and all interested persons shall le heard at said public hearing and the public is welcome and invited to submit tes,tl"mony. DATED this 19th day of May, 2000. Of eVf,at� ///✓/ G WILLIAM G. BERG, JR., CITY CLERK r c PUBLISH May 26 and Ju4i� ��