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Heilker, Joseph CUP 00-018NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 7:00 p.m. on April 11, 2000 for the purpose of reviewing and considering the application of Joseph D. Heilker for a conditional use permit for a vacant lot for proposed 10,000 square foot lease building. 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 16th day of March, 2000. V1(ILLIAM G. 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Mcn CD �[} £& \/\ \)� ID \ \ k }\ CIT D �� -n_@\ /( /�j CCD D f0#'® v `)» Er \�( {(£)i = }ƒc3 CD [(ƒ(I$ TX CoNFIR"►TION REPORT ** �- AS OF MAR 17 "`- `� 08:36 PAGE. 01 CITY OF MERIDIAN , ---- 61 03 TE7 TIME TO/FROM —__08_34-92083776449 ECDE MIN, -SEC PGS CMD — --------------------S 01 14" 005 25STATUS ------ 4 OK NOTICE OF H FARING NOTICE IS HEREBY GIVEN Pursuant to the Ordinances of the City of Merid and the Laws of the State of Idaho, that the Planningran and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East I Meridian, Idaho at th h Idaho Street, e our of 7:00 p.m. on April 11, 2000 for the purpose of reviewing and considering the application of Joseph D. Heilker for a conditional use permit for a vacant lot for proposed 10,000 square foot lease building. 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 16'" day of March, 2000. LLIAM G. BERG, JR., LERK y,,OFi i i i r PUBLISH March 24, & April 7 2000. SEAL 7Co �Gs1ST ,�' 7' Post -it* FaX Note 767 1 1-1 4a9e611 'ro a Ad r �- From 'a'ZOPL �fQaiArts �o. ?hone p V Phone k cAx a Fax 8 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 24, 2000 TRANSMITTAL DATE: March 6, 2000 HEARING DATE: April 11, 2000 FILE NUMBER -:—CUP -00-018 REQUEST: CONDITIONAL USE PERMIT FOR VACANT LOT CURRENTLY ZONED C -G FOR PROPOSED 10,000 SF LEASE BUILDING BY: JOSEPH D. HEILKER LOCATION OF PROPERTY OR PROJECT: TROUTNER BUSINESS PARK (SEE LEGAL ATTACHED) SALLY NORTON, P.Z. KENT BROWN, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, 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) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY MAYOR Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN (208) 288-2499 • Fax 288-2501 CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT(208) Keith Bird MERIDIAN, IDAHO 83642 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 24, 2000 TRANSMITTAL DATE: March 6, 2000 HEARING DATE: April 11, 2000 FILE NUMBER -:—CUP -00-018 REQUEST: CONDITIONAL USE PERMIT FOR VACANT LOT CURRENTLY ZONED C -G FOR PROPOSED 10,000 SF LEASE BUILDING BY: JOSEPH D. HEILKER LOCATION OF PROPERTY OR PROJECT: TROUTNER BUSINESS PARK (SEE LEGAL ATTACHED) SALLY NORTON, P.Z. KENT BROWN, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, 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) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT 6 -UP -OD -018 NAME: Joseph I� Heilker PHONE: 331-1234 ADDRESS: 2491 North Tumberry Way Meridian, Idaho 83642 GENERAL LOCATION Troutner Business Park DESCRIPTION OF PROPOSED CONDITIONAL USE: 10,000 Sq. Ft. Lease Building ZONING CLASSIFICATION: C - G I certify that the information contained herein is true and correct. , 4�'- " 0� Si e of Applicant Soulal. Security Number 565-23-2592 LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by Joseph D. Heilker for the property generally described as located at Troutner Business Park TO 443 West Pennwood Street SUBDIVISION, BLOCK 5 , LOT 2 REcUIVED MAR 0 2 2000 City of Meridian 1 City Clerk Offier, CONTENTS OF CONDITONAL USE APPLICATION (Incomplete application cannot be processed) An application for conditional use permit shall be filed with the Administrator by the owner of the property for which such conditional use is proposed. At a minimum, the application shall contain the following: 1. Name, address and phone number of applicant: Joseph D. Heilker and Stacey Heilker 2491 North Tumberry Way Meridian, Idaho 83642 Phone: (208) 331-1234 (Day) (208) 887-3936 (Evenings) 2. Name, address and phone number of owner of subject property: James H. Ballantyne, President of Troutner Business Park Development Corporation 10250 Whispering Cliffs Drive Boise, Idaho 83704 Phone: (208) 375-1966 3. Legal description of property: Northeast 1/a of Section 13, Township 3 North, Range, 1 West, Boise Meridian, Meridian City, Ada County, Idaho. Block 5, Lot 2 of Troutner Business Park. See Attachment: QUITCLAIM DEED 4. Proof of ownership of subject property (Warranty deed) and notarized consent of property Owner: See Attachment: AFFIDAVIT OF LEGAL INTEREST (Both Applicant and Property Owner). 5. Description of existing use: Vacant Lot 6. Present use of subject property: Undeveloped Site 7. Proposed use of the subject property: Lease Building Development 8. The District (present zoning) that pertains to the subject property. Current Land Use Zone; Commercial — General (C -G) CONTENTS OF CONDITONAL USE APPLICATION CCUA -1 9. Thirty (30) copies of a vicinity map of scale of one inch equals three hundred feet (1"=300'). See Attachments: 10. A plan (with a scale of not less than 1 "=50") of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yard (submit 35 copies). Also include one 8 '/2 " x 11" copy of site plan, elevations and list of construction materials for all buildings. See Attachments: 11. A list of mailing addresses of all property owners within three hundred feet (300') of the external boundaries of the land being considered. This list can be obtained from the City of Meridian Planning & Zoning Department. Please request list seven days prior to submitting application. Subject List Requested: February 15, 2000. 12. Characteristics of subject property that make a conditional use desirable. Subject building application not listed as accepted use in current zone. 13. A fee established by the Council; $275.00 + $1.73 each for certified mailings for each property owner listed within the 300 feet = Total Fee. Please double the mailing fee on this application if the property is located in a zone other than Old Town, Commercial, or Industrial. (All other zones require two public hearings — 1 before Planning & Zoning Commission and 1 before City Council). See Attachments: Check for the appropriate amount of fee. 14. A statement that the applicant or user of the property agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential commercial or industrial. See Attachment: Memo, Dated: February 16, 2000. 15. The application shall be verified by the applicant who shall state that he has read the contents thereof and verifies that the information contained therein is true and correct. See Attachment: Memo, Dated: February 16, 2000. 16. The property will be posted 1 week before the hearing stating they have applied for a conditional Use Permit or Zoning. There must be a signed affidavit that this will be done as part of the application. See Attachment: Memo, Dated: February 16, 2000. CONTENTS OF CONDITONAL USE APPLICATION CCUA - 2 TRC I-NER BUSINESS PARK DEVELOPM. T CORP. 10250 Whispering Cliffs Drive Boise, Idaho 83704 February 25, 2000 Mr. George R. Blecha, AIA Architecture and Planning 507 Hillview Drive Boise, ID 83712 Re: 443 W. Pennwood St. Dear George: On February 25, 2000 the Architectural Control Committee of Troutner Business Park reviewed the plans for the Heill:er building at 4-43 West Pennwood Street. The Committee has approved the plans with the following exceptions: 1.) Many of the plant materials identified in the Landscape Legend are not included in the Troutner Business Park Landscape Guideline. All plant materials must come from the Plant Legend (Appendix 3A of the Design Standards). Please amend your plant selection to be consistent with the Design Standards. I have attached a copy of the Plant Legend for your reference. 2.) The landscape buffer between the parking area and the street should be bermed. Based on the drawing, it was unclear if you had intended to berm this area. 3.) The Covenants require that there be a five (5) foot landscape buffer on property lines adjoining other lots. There must be a landscape buffer against the east property line. As the applicant intends to acquire Lot 1, Block 5 to the south, no landscaping will be required on the south property line. In the event the applicant does not acquire Lot 1, he would then be required to landscape the south property line. 4.) No exterior colors were provided for this building. We would like to review and approve the color scheme prior to construction. Thank you for your efforts with this building. We are extremely pleased with the Heilker project design. If you have any questions or concerns, please give me a call at 378-4600. Sincerely,, i Michael J. Ballantyne Troutner Business Park Enclosure D -z _< �-j I. ew TROUTNER 13USINE55 PARK LANDOCAPE 5ECTION 4ppe14; X /A N a W. FRAN_KUN _ ROAD P 1C��/f OI TROUTNER 13U5INE5F� PARK LAND5CAPE GUIDELINE 1 N w o LANDSCAPE PLAN prx 2A El J a. EEEEE EE SS sSSLLSL tLLSLLLtSSLSSLt EE EEEEEEE EEEEEEEEEEEEEEE R% it in in in in "v_s ire :t ;t ;r ;b �* lb In in :b Fn %-:b ;h b m©mIDm®m Wm d V •• V V V V IDR�talammm mm -yi opt z N Fr t Fr u Q-01 XX flih I �I TC:OU7NElZ BU51NE55 PARK LANDSCAPE 6UIDELiNE ��� Memorandum To: City of Meridian From: Joseph D. Heilker Date: 02/16/00 Re: Pertinent information/Affidavit To whom it may concern, The following is in response to the information that is necessary to complete the conditional use permit application, that is being applied for by Joseph D. Heilker and Stacey Heilker. The info. Required is listed under the contents of conditional use application. #14. We the applicants agree to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use is residential, commercial or industrial. #15 We the applicants have read the application and its contents thereof and verify that the Ih#ormsWm contained therein is true and correct #f6 Vlte the applicants will post a sign stating that we have applied for a conditional use permit we vall do this one-week before the hearing, as required. The applicants for this transaction are Joseph D. Heilker and Stacey Heilker. Joseph D. Heilker Date Stacey Heilker Date AFFIDAVIT OF LEGAL INTEREST State of Idaho County of Ada On , 1999 Personally appeared Before me, who is personally known to me whose identity I proved on the basis ofzTV�E S whose identity I proved on the oath/affirmation of a credible witness to be the signer of this instrument, and he/she signed it and does say: That I am the record owner of the property described on the attached, and I grant my permission to CIU ���C -, A i �4 5 7 ff/GL ��U/ t�i�. 6QiSr, ice, name address 83 711;1 - to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. ��..••••••..,,, ames H. Ballantyne ••`�� Y. 0 r fO President, Troutner Business P k P'�~ y `�� �velopment. Corp. 00 R v 'we G otary Public for I o 8 P Residing at rE �''•••••My Commissi n Expires: AFFIDAVIT OF LEGAL INTEREST State of Idaho County of Ada On , 1999 Personally appeared Before me, who is personally known to me whose identity I proved on the basis ofTV�6 whose identity I proved on the oath/affirmation of a credible witness to be the signer of this instrument, and he/she signed it and does say: 1. That I am the record owner of the property described on the attached, and I grant my permission to name address to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. ''••••..••••••..,,��y ames H. Ballantyne ..•,S�PNBs�� L President, Troutner Business P Z development. Corp. v 0-t R Y. dope�G f* PUBv�' otary Public for I o '; �P•,.` Residing at ?Dl5st '•`rTATE 0,9 �•••� �''••••••••••'•� My Commissi n Expires: 81,'26118 WARRANTY DEED For Value Received N & D, INC. , an Idaho Corporation, the grantor, does hereby grant, bargain, sell and convey unto ARTHUR L. TROUTNEE, a single man, as to a 54.94% undivided interest; PAUL H. TROUTNER and IONE M. TROUTNER, husband and wife, as to a 68 undivided interest; JAMES H. BALLANTYNE and MARY BALLANTYNE, husband and wife, as to a 28.12% undivided interests DAVID L. NORDLING and YOSHIE NORDLING, husband and wife, as to a 8.759 undivided interest; and DENNIS E. HEEB, a single man, as to a 2.19% undivided interest, whose current addresses are c/o Ballantyne Land Company, 4720 Fairview Avenue, Boise, ID, 83706, the grantees, the folluwing described premises, to -wit: All that part of the Southwest quarter of the Northeast quarter of the Northeast quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, lying North of the existing center line of Eight Mile Lateral of the Nampa and Meridian Irrigation District as the same is now constructed over and across said land. Said parcel is approximately six acres, more or less. Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise; apper- taining; and all water, water rights, ditches and ditch rights appurtenant thereto or connected therewith. Subject to all easements and rights-of-way of record or appearing on the land. SUBJECT TO that certain Deed of Trust wherein N & 1), Inc., an Idaho corporation, is the grantor, Title and Trust Company, an Idaho corporation, is the trustee, and Eugene P. Ross and Barbara J. Ross, husband and wife, are beneficiaries, dated the 16th day of Jute, 1982, Records of Ada County, :Idaho, and the deed of trust indebtedness secured thereby, which Deed of Trust and deed of trust indebtedness is not assumed by Grantees herein. Grantor does further convey unto said Grantees that certain easement creating ingress and egress roadways for the benefit of said premises, as particularly described on Exhibit. "A" attached hereto and by this reference incorporated herein. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantees their heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Gr::ntzes , that xbt- it is the owner in fee simple of sa.d prem;ses; that said premises are free from all incumbrances, except current taxes and as:;essments, which are a lien but not yet due and payable, and easements and restrictions of record or -risible on the premises, and that /8i� will warrant and defend the same f1'om all ]awful claims whatsoever. Dated: , -7 W, 1962. N &D, INC. ATTEST. A�m N1L R, esi AntSe.cruLar--— — SrkrE qIDAtiO;.CO.UNTY OF ADA STATE OF IDAHO, COUNTY OF � On this /� day of June 1962 . 1 hereby certify that 'his instrument was filed for record at 1 Law ers Title fore me, a rp D public in and for said State, personalty the raquest of i a.po red'NORMAN G. FULLER, and SHANNON SBEN�FR�{ jfhown; to .me to be the F resi- at �O min tcs past clnck�m., derit'44ri4 Jec*rerary, respectively, of this �f /e day of the above-named corporation, and 19 w`, in my office, an I duly- recorded in B� - of Deeds at page kr88 -n }tt�ep}�1 t}y befthe�p(eM.nS wh a names - are I JOHN EASTMA subscribed-lllhe�l�-if.M s�rQFiiiR�`}&Ilookn ledged to me that said corporation executed the same. F x-Of,lcio Rc^order 6 Moth ry Fihtie ��� De p•it y. Residing at $oiSeldaho Fees i Coram. Expires Mail to, .:. --—..------ _ ----- -- - ,. -- _ — 1',o I—A r., 5...", F. ..l ,k C-- .."I, EXHIBIT "A"-': A permanent road.easement';being'50.00 feet in width being 25 00 feet oz}`each side of the following described line. Said easement is'.located in>the.Northeast Quarter; Section•13 .Township.3`North',. Range l West,:: Boise Meridian;,Ada`County, Idaho, more.particularly deacribed,as follows: Commencing at'the.East,Quarter,corner of said Section` 13,::thenoe'. North %'0°.- 220-35" East 1132.0V feet.along the Easterly` boundary of said Section 13 to the,'REAL POINT OF BEGINNING, thence'South'89° 550 45" West 994.21 feet, thence North 0" 181_ 20" East 450.00 feet. 5226 I For Value the grantor, does h TROUTHER, a single TROUTNER and IONE H interests JJL14ES H. as to a 28.12% undi husband and wife, a single man, as to a c/o Ballantyne Land the grantees, the f All that part quarter of the North, Range 1 lying North of Lateral of the the same is no Said parcel is Together with and appurtenan taining; and a rights appurte Subject to all appearing on t SUBJECT TO tha Idaho corporat Idaho corporat Barbara J. Ros the 16th day o the deed of tr Trust and deed herein. Grantor does f easement creat said premises, hereto and by TO HAVE AND TO 110 their heirs; with the said C='ant !es , tha premises are free from all inc are a lien buz not of record or risibi and thai /Jh� will "arra Dated: _1 -7 1982 ATTEST;,-; xxt�L SH NON_ SEE rc -- i S'L'ATE Qf—lUAtIO;.COL'NTY OF I On this 1-7 day of bcforp me• a r.oWry public in and fo I ipp6.red "NORMAN G. FULI SPE NP-FR{•.Known'+ to .me tc deny ��714.: �ecreCary, res the abcve-named corpori kc8 n to hmg� rw bef the�piersonS� sub,, �ed- l i lhCA ifiV �c�RRtq m/e1that said corporation ` I Itcsidins at ospJ7Z`! 7THFORM FURNL7HED tOURT67Y OF: J„ .. .. • I.:.:t 15,76000213 STEWART TITLE C FEE rnr lPACr �- - � ' , �_,T 7F IU3AD l APPROVED 6Y ORANrE6(7) �, -/ OOVS 6 Ag pow RSCORDRJO DATA Order No.: 95054497 -PW -SG WARRANTY DEED COLLEGE, INC., A NON-PROFIT FOR VALUE RECEIVED AS TRUSTE NOF THS IMA P, HUDSON IDAHO CORPORATION, A3 TRUSTEE OF THS GLEN L. HUDSON994 AS TO AN *+' CHARITABLE REMAINDER GNITRUST, DATED APRIrdL CONVEY unto .7AI+18S H GRANTOR(S), does(do) hereby GRANT, BARGAIN. 181 SELL. UNDIVIDED BALLANTYNE AND MARY BALLANTYNE, HUSBAND AND WIFEAp�ON AS O AN UNDZVID] 1/2 INTEREST AND ARTHUR L. TROUTNER, AN UNMARRI I ID 83705 E(S), whose current address is: 410 S. A�D7►hard County, State of Idaho, more /particularlyEST the following described real property in described as follows, to wit: As set forth on the attached R IT 'Am, which by this reference becomes a part hereof. ***UNDIVIDED 65t INTEREST AND GLEN L. HUDSON AND IMA P. HUDSON. HUSBAND AND WIFE AS TO AN UNDIVIDED 35% INTEREST TO HAVE AND TO HOLD the said premises, with their appurtenances :.to the said Grantee(s), and iGrantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said remises: that said premises are free from Grartee(s), that Grantor(s) is/are the owner(s) In fee simple�Of said pl made subject and thane made, suffered all encumbrances, EXCEPT those to which this conveyance victim, dedications, ease nx+as, rights of way and or done by the Grantee(s): and subject to reservations. including irrigation and utility assessments, agreements, Cf any) of record, and general taxes and asses'xmas, r if arty) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever - Dated: May 31, 1995 GLEN L. HUDSON / �✓ O � �n—rc.L_ IMA P. HUDSON NORTHHEST NAZAREPE COLLEGE INC. AS AS TRUSTEE OY THE GLEN L. HUDSON AND IMA Y. RMSON CBARITAELE REKAINDER tiNITRDS"t DATED AFRoIL 18. 1994 STATE OF COUN OF ) in the Yea o , the undersigned, a ; iotary On this on - Public in and fa said o by appeared known or identified to me to be One mme(s) i fare anbsarbed to One wid m wannncat, and ncSrnOwledged o a+e drat helsbNtbey S NamC Raiding AC 117 Consntssic^ F — ORDER NO. 95054497 -PW -SO EXHIBIT •A• 1676000214 PARCEL I A portion of the Northea3t 1/4 of Section 13, Township 3 North, Range 1 West, Boise -Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Bast Quarter Corner of said Section 13, said point being common to said Section 13, Township 3 North, Range i-,West,.Boise-Meridian and Section 18, Township 3 North, Rangel East'Boise-Meridian, Ada County, Idaho; thence North 0 degreeB"22,35' Bast; along the Section line common to said. Sections i3:,and 18,'1000.23 feet to a point, - aid point being c)A'the Southeast corner of the North Half of North`;8all,of;Southea�t Quarter of the Northeast quarter of.said_Section; thence South 89 degrees. 47'06' West, along -,the Southerly line of the • North Half'of"'the'North Half of the Southeast Quarter of the Northeast Quarter of said Section, 533.24 feet to a point; said point being THE REAL POINT OF BB(32NNMI ..thenee.continuing,along the said Southerly line South 89 degree .s'47106• hest, -790.57 eet to a point being the Southwest corner of the North Half of the Nort Half of the Southeast Quarter of the Northea3t Quarter of said Section; the --ice North 0 degrees 131480 East, along the Westerly boundary of said Southeast quarter of the Northeast quarter, extended, said line being the 1/16 line of said Section, 759.16 feet to a point on the center line of Eight Mile Lateral; thence South 57 degrees 08'46• East along the center line of Eight le Lateral, oundary of said6North.38 eHalfet oof the Northint on tHalfhe oofhthey b Southeast Quarter of the Northeast Quarter of said Section; thence South 89 degrees 55145" Bast, along the Northerly boundary of said North Half of the North Half of the Southeast Quarter of the Northeast Quarter of said Section; 129.85 feet; thence South 0 degrees 22,350 West, 329.43 feet to a point, said point being THE REAL POINT OF BEGINNING. -1- r = t. cont o! sXnibit �► I 6000215 Order No. ST -95054497 -PN -SG' PAACBL II A perpetual. Y ftn4 O=Iusive 8asemeat ; for Iagreeiiki& being SO., fIIOC; lIIwidth aadjlyiug' NoktZl Otr the, tOuoMizyj- T J d"=ibed prgMkrtyf� -2- ORDER NO. 95054497 -SG 1b7WCO216 STATE OF IDAHO, County of ADA, ss. On this 1ST day of JUNE in the year of 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared GLEN L. HUDSON AND INA P. SON )mown or identified to me to b erson(s) whose name ) is/are m1bsc to the wit E t, and acka mledg me that h e/they tore 2 _ a' G� • d b Name S GXMIR (Type oz'"Print) ��., •...•.,r+e din gg At - 80288, IDu►NO s expireas , gamt SMTZ OFF 2W1�iv1 ; CouatY,0lx so. { on this day oL`J011B- is :0 1995; :before me, the `:' undersiguedd�� a Fubl O i>s" f paid-Stattpapersonally appeared ; to m• „to be, per!oa ssaos is/are_ sf subscribed, to4tbe-ritAia ias�tris•ea--.a_sggT_s--»s---t-ee' of Gi L. HUDSOW ANDIIA P . SQa808f : i tWrrZM DATED APRIL'ash,11994 aad:`ae kaori � be/ebe�/Cbsy► executed the cams 'anom; .. Sigastusa x , s r r r i7s c �O� lap1laii� Vol- Wig. � XVa y 4k 5 qrml - y C�' ,g +ii { r _ of QUITcLAI14 DEED GRANTOR: Dennis E. Heeb and Marla K. Heeb, husband and wife GRANTEE: Arthur L. Troutner, a single man; Paul fi. Troutner and Ione M. Troutnsr, husband and wife; J.B.J. Properties, an Idaho Limited Partnership; James }}. Ballantyne and Mary Ballantyne, husband and wife GRANTEE'S ADDRESS: c/o James H. Ballantyne, 10250 whispering Cliffs Dr., Bcise, IC 83704 For good and valuable consideration the receipt of which is hereby acknowledged Grantor does hereby convey, release, remise and forever quitclaim unto Grantee that real property, together with appurtenances thereto located in Ada County, State of Idaho legally described on Exhibit A attached hereto and depicted on Exhibit A-1 attached hereto together with all appurtenances and easements. DATED This day of A.VbUz, 199G. QG07`1GS"1 SJ Dennis'.1.I Heeb 1 , • �1�. .'"J_ _i�..'' deb I �— Tlaria K. STATE OF IDAHO, ) ( ss.✓r COUNTY OF ADA, 'b6 �i:'- F2 f:i. r^jc,frly 6 O o 7�D 1996, before me, the On this tY of fc� personally undersigned a Notary ppblic" in aad.;for said State, known appeared Dennis E. H p�"and Marla K. Heeb, husbanarensubscribed to or identified to me to be the persons whose names the within instrument, and acknowledged to me that they executed the same. III KITHESS WHER::OF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. tot ry ubli�— c fir Idaho Residing in Boise, Idaho / My Commission Expires: �A z;rcLAIM.(1EED - 1 L;Uh1Ml I MLN 1 PUII I I I LE INSUIIANCE SCI IEDULE C File Number. P15OT78 The land referred to in this Commitment Is described as follows A PARCEL OF LAND LYING WITHIN THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN MERIDIAN CITY, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING F.T AN ALUMINUM CAP MONUMENT MARKING THE NORTHEAST CORNER OF SAID SECTION 13; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION AND THE CENTERLINE OF FRANKLIN ROAD, A DISTANCE OF 1328.20 FEET TO A BRASS CAP MONUMENT MARKING THE EAST 1/16TH CORNER OF SAID SECTION 13; THENCE CONTINUING WEST ALONG SAID SECTION UNE, A DISTANCE OF 362.70 FEET TO THE REAL POINT OF BEGINNING; .. HENCE SOUTH 00 DEGREE 08'25' WEST A DISTANCE OF 613.70 FEET; THENCE NORTH 72 DEGREES 09'35' WEST A DISTANCE OF 316.95 FEET TO THE EAST BOUNDARY OF FRANKLIN SQUARE SUBDPASION AS RECORDED IN BOOK 44 OF PLATS AT PAGES 5587 & 5588; THENCE SOUTH 00 DEGREE 08'58' WEST ALONG SAID EAST BOUNDARY A DISTANCE OF 1363.46 FEET; THENCE SOUTH 85 DEGREES 41'00' EAST A DISTANCE OF 147.41 FEET TO AN IRON PIN; THENCE NORTH 79 DEGREES 55'00' EAST A DISTANCE OF 523.48 FEET; THENCE NORTH 00 DEGREE 13'31' EAST A DISTANCE OF 142.00 FEET; THENCE NORTH 89 DEGREES 52'13' EAST A DISTANCE OF 790.35 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 23'11 V EAST A DISTANCE OF 329.06 FEET TO AN IRON PIN; THENCE NORTH 89 DEGREES 58'06' WEST A DISTANCE OF 128.95 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 18'07' EAST A DISTANCE OF 66329 FEET; THENCE NORTH 89 DEGREES 58'05' WEST A DISTANCE OF 663.21 FEET; THENCE NORTH 00 DEGREE 13'31' EAST A DISTANCE OF 349.76 FEET; THENCE WEST A DISTANCE OF 123.99 FEET; THENCE NORTH 00 DEGREE 13'48' EAST A DISTANCE OF 313.10 FEET; THENCE WEST A DISTANCE OF 238.73 FEET TO THE REAL POINT OF BEGINNING. EXCEPT THAT PORTION LYING WITHIN FRANKLIN ROAD RIGHT-OF-WAY. TOGETHER riRH A PERPETUAL, NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS BEING 50 FEET IN WIDTH AND LYING NORTH OF THE FOLLOWING DESCRIBED PROPERTY; A PORTION OF THE NORTHEAST QUARTER OF THE SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCR;BED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 13; THENCE NORTH 0 DEGREE 7-,e W EAST 1107.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID SECTION 13 TO THE REAL POINT OF BEGINNING; THENCE NORTH 89 DEGREES 55'45' WEST 533.12 FEET. END OF LE ;AL DESCIRAMON 1 I I I 1 1 f i 1 ..�\��Il1R�`\���R\��'�\RRA 1�\\�♦ , II 1 1 > 1 ■ °r, L w Jaw � PR A. J� i M onrer s• wzr �1/ I > p IF r s j�=:d18�d�B=;da F�'.� .bs�i:3�.•�sa o-�y�3S3?638ns...�• bs:6��r�c'tax %fel .t+ s L oz >,I . O top Z (A ID 1R c..----- - -- -- --- w rppw - -fir__ _ u• ` -- ... «- • r r p - � c . 1: ►1 . j�=:d18�d�B=;da F�'.� .bs�i:3�.•�sa o-�y�3S3?638ns...�• bs:6��r�c'tax %fel .t+ s 7"t t F r r4 :Q 11: ._lay` •° r•i-' o '••. (- j�=:d18�d�B=;da F�'.� .bs�i:3�.•�sa o-�y�3S3?638ns...�• bs:6��r�c'tax %fel .t+ s GRANTOR: 97010217" AV GV. RECOUEll, J. D. 1') 1! ",V A R0 QUITCLAIM DEED 6/?V c FEB 7 Pn 53 1. Arthur L. Troutner as his separate Estate /-0.- 2." James H. Ballantyne, Jr., and Mary BallhntyneDEI husband and wife REGC:,U _U :•.i TIF R QUEST OF 3. Paul H. Troutner and Ione M. Troutner, husband and wife 4. Paul H. Troutner and Ione M. Troutner, as Trustees of the Trust of Paul and Ione Troutner 5. J.B.J. Limited Partnership [which also appears of record as J.B.J. Properties, an Idaho Limited Partnership] 6. David Nordling and Xoshie Nordling, husband and wife GRANTEE: Troutner Business Park Development Corporation, an Idaho corporation GRANTEE'S ADDRESS: 10250 Whispering Cliffs Dr., Boise, ID 83704 For good and valuable consideration the receipt of which is hereby acknowledged Grantor does hereby convey, release, remise and forever quitclaim unto Grantee that real property, together with appurtenances and all easements related thereto located in Ada County, State of Idaho, legally described on Exhibit A attached hereto. DATED This .7,0 day of D/&LjL�- , 199jf- Arthur L. Troutner, as his s separate Estate James H. Ballantyne, Jr. Mary Ballantyne QUITCLAIM DEED - 1 d/realest/troutner.dee aul H -iro -Io Troutner ner, Trustee J.B.J. Limited Partnership by Edward G. Jenkins by Sillye O. Jenkins GENERAL PARTNERS David Nordling Yoshie Nordling STATE OF IDAHO, ) ( ss. COUNTY OF ADA, ) 1996 On this day of ► ► before me, the undersigned a Notary Public in and for said State, personally appeared Arthdr L. Troutner, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. QUITCLAIM DEED - 2 d/realest/troutner.dee nt IN WITNESS ealtheEday ,andhave year inuthisset certificate and fixed official first above written. Notary Publ�.c for Idaho Residing in Boise, Idaho My Commission Expires: STATE OF IDAHO, ) { ss. COUNTY OF ADA, ) On this day of , 1996, before me, the undersigned a Notary Public in and for said State, personally appeared James H. Ballantyne, Jr., and Mary Ballantyne, husband and wife, known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and of fixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing in Boise, Idaho My Commission Expires: STATE OF Ta,,a VK-, ) { ss. COUNTY OF iNc-LA ) . On this 3o day of ��. , 199, before me, the undersigned a Notary Public in and— said State, personally appeared Paul H. Troutner and Ione M. Troutner, husband and wife, known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. QUITCLAIM DEED - 3 d/realest/troutner.dee IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the diiy and year in this certificate first above Written. Publ c for j1- Residing in $01'k My Commission Expires: I LjZ3Jt,�1O �r STATE; Q-Q.��.,o s s . CC}L1I�-TY F,� Jac ) S "'this oil this a� day of �P• ua 1992, before me the undersigned a Notary Public in and for said State, personally appeared Paul H.•Troutner and lone M. Troutner, known or identified to me to be the persons whose names are subscribed to the within instrument as Trustees and acknowledged to me that they executed the same as such.Trustees. J Jii,W� �1gSS WHEREOF, I have hereunto set my hand and affixed my official �a -,. the, day and year in this certificate first above written ' r ` i STATE -OF IDAHO, ) ( ss. COUNTY OF ADA, ) Notary blit for n Pw Residing in �aik My commission Expires: on this day of , 1996, before me, the undersigned a Notary Public 1n and for said State, personally appeared Edward G. Jenkins and Billye O. Jenkins, known or identified to me to be the General Partners of J.B.J. Limited Partnership, and who subscribed said limited partnership name to the foregoing instrument, and acknowledged to me that they executed the same in said limited partnership name. QUITCLAIM DEED - 4 d/realest/troutner.dee EXHIBIT A The land referred to In this Commitment Is described as follows: A PARCEL OF LAND LYING WITHIN THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN CITY, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ALUMINUM CAP MONUMENT MARKING THE NORTHEAST CORNER OF SAID SECTION 13; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION AND THE CENTERLINE OF FRANKLIN ROAD, A DISTANCE OF 1328.20 FEET TO A BRASS CAP MONUMENT MARKING THE EAST 1/1 6TH CORNER OF SAID SECTION 13; THENCE CONTINUING WEST ALONG SAID SECTION UNE, A DISTANCE OF 362.70 FEET TO THE REAL POINT OF BEGINNING; THENCE SOUTH 00 DEGREE 08'25" WEST A DISTANCE OF 613.70 FEET; THENCE NORTH 72 DEGREES 09'35" WEST A DISTANCE OF 316.95 FEET TO THE EAST BOUNDARY OF FRANKLIN SQUARE SUBDIVISION AS RECORDED IN BOOK 44 OF PLATS AT PAGES 5587 & 5588; THENCE SOUTH 00 DEGREE 08'58" WEST ALONG SAID EAST BOUNDARY A DISTANCE OF 1363.46 FEET; THENCE SOUTH 85 DEGREES 41'00' EAST A DISTANCE OF 147.41 FEET TO AN IRON PIN; THENCE NORTH 79 DEGREES 55'00" EAST A DISTANCE OF 523.48 FEET; THENCE NORTH 00 DEGREE 13'31" EAST A DISTANCE OF 142.00 FEET; THENCE NORTH 89 DEGREES 52'13" EAST A DISTANCE OF 790.35 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 23'12" EAST A DISTANCE OF 329.06 FEET TO AN IRON PIN; THENCE NORTH 89 DEGREES 56'06" WEST A DISTANCE OF 126.95 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 18'07" EAST A DISTANCE OF 603.29 FEET; THENCE NORTH 89 DEGREES 58'05" WEST A DISTANCE OF 663.21 FEET; THENCE NORTH 00 DEGREE 13'31" EAST A DISTANCE OF 349.76 FEET; THENCE WEST A DISTANCE OF 123.99 FEET; THENCE NORTH 00 DEGREE 13'48" EAST A DISTANCE OF 313.10 FEET; THENCE WEST A DISTANCE OF 238.73 FEET TO THE REAL POINT OF BEGINNING, EXCEPT THAT PORTION LYING WITHIN FRANKLIN ROAD RIGHT-OF-WAY. TOGETHER WITH ALL EAsamENTS..APPUR'T'ENANT TO THE PROPERTY. GRANTOR: I. 2. 3. 4. 5. 6. QTS aFC0RDC.", .," ARRO Il/1, 8015E I� QUITCLAIM DEED 97 FEB 7 P('1 "' 3 Arthur L. Troutner as his separate Estate ��1,_ James H. Ballantyne, Jr., and Mary A�� . aDtyne� r QUEST OF ' husband and wife Paul H. Troutner and Ione M. Troutner, husband and wife Paul H. Troutner and Ione M. Troutner, as Trustees of the Trust of Paul and Ione Troutner J.B.J. Limited Partnership [which also appears of record as J.B.J. Properties, an Idaho Limited Partnership] David Nordling and Yoshie Nordling, husband and wife GRANTEE: Troutner Business Park Development Corporation, an Idaho corporation GRANTEES ADDRESS: 10250 Whispering Cliffs Dr., Boise, ID 83704 For good and valuable consideration the receipt of which is hereby acknowledged Grantor does hereby convey, release, remise and forever quitclaim unto .Grantee that real property, together with appurtenances and all easements related thereto located in Ada County, State of Idaho, legally described on Exhibit A attached hereto. 7 DATED This day of JQnLAori/ , 199f . Arthur L. Troutne 7 as his separate Estate James K. Ballantyne, Jr. Mary Ballantyne QUITCLAIM DEED - 1 d/reelest/trautner.dee Paul H. Troutner Ione M. Troutner Paul H. Troutner, Trustee Ione M. Troutner, Trustee J.B.J. Limited Partnership by Edward G. Jenkins by Bi.11ye O. Jenkins GENERAL PARTNERS David Nordling Yosh e Nordling STATE OF IDAHO, j ( ss. COUNTY OF ADA, ) On this J-9 day of �pNw�+ , 199$, before me, the undersigned a Notary Public in and for said State, personally appeared Arthur L. Troutner, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. QUITCLAIM DEED - 2 d/realest/troutner.dee IPJ WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Not ubl c for Idaho '+ 4 : Residing in Boise, Idaho My Commission Expires: 1:-/2-7 scxio STATE WF' I�HO, ) . ( ss. COUNTY OF ADA, } On this day of , 1996, before me; the undersigned a Notary Public in and for said state, personally appeared James H. Ballantyne, Jr., and Mary Ballantyne, husband and wife, known or identified to me to be the persons whose names are subscribed to the within 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 in Boise, Idaho My Commission Expires: STATE OF ) ss. COUNTY OF } On this day of , 1996, before me, the undersigned a Notary Public in and for said State, personally appeared Paul H. Troutner and Ione M. Troutner, husband and wife, known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. QUITCLAIM DEED - 3 d/realest/troutner.dee EXHIBIT A The land referred to In this Commitment is described as I(Aows: A PARCEL OF LAND LYING WITHIN THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 VIEST, BOISE MERIDIAN, MERIDIAN CITY, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ALUMINUM CAP MONUMENT MARKING THE NORTHEAST CORNER OF SAID SECTION 13; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION AND THE CENTERLINE OF FRANKLIN ROAD, A DISTANCE OF 1328.20 FEET TO A BRASS CAP MONUMENT MARKING THE EAST 1/16TH CORNER OF SAID SECTION 13; THENCE CONTINUING WEST ALONG SAID SECTION LINE; A DISTANCE OF 362.70 FEET TO THE REAL POINT OF BEGINNING; THENCE SOUTH 00 DEGREE 08'25' WEST A DISTANCE OF 613.70 FEET; THENCE NORTH 72 DEGREES 09'35' WEST A DISTANCE OF 316.95 FEET TO THE EAST BOUNDARY OF FRANKLIN SQUARE SUBDIVISION AS RECORDED IN BOOK 44 OF PLATS AT PAGES 5587 & 5568; THENCE SOUTH 00 DEGREE 08'58" WEST ALONG SAID EAST BOUNDARY A DISTANCE OF 1363.46 FEET; THENCE SOUTH 85 DEGREES 41'00" EAST A DISTANCE OF 147.41 FEET TO AN IRON PIN; THENCE NORTH 79 DEGREES 55'00" EAST A DISTANCE OF 523.48 FEET; THENCE NORTH 00 DEGREE 13'31' EAST A DISTANCE OF 142.00 FEET; THENCE NORTH 89 DEGREES 52'13" EAST A DISTANCE OF 790.35 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 23'12" EAST A DISTANCE OF 329.06 FEET TO AN IRON PIN; THENCE NORTH 89 DEGREES 56'06" WEST A DISTANCE OF 128.95 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 18'07" EAST A DISTANCE OF 663.29 FEET; THENCE NORTH 69 DEGREES 58'05" WEST A DISTANCE OF 653.21 FEET; THENCE NORTH 00 DEGREE 13'31" EAST A DISTANCE OF 349.76 FEET; THENCE WEST A DISTANCE OF 123.99 FEET; THENCE NORTH 00 DEGREE 13'48° EAST A DISTANCE OF 313.10 FEET; THENCE WEST A DISTANCE OF 238.73 FEET TO THE REAL POINT OF BEGINNING. EXCEFTTHAT PORTION LYING WITHIN FRANKLIN ROAD RIGHT-OF-WAY. TOGETHER WITI i ALL EASKMENTS . APPURTENANT TO THE PROPERTY. -- 9701UZi`1 -70 00,1 AP, HGORDER J. DA"'IIJ I�i'.VAF.Ro �CISE I QUITCLAIM DEED 7 FEB 7 Pfl S3 GRANTOR: I. Arthur L. Troutner as his separate Es to �%� �E . An'`� 2. James H. Ballantyne, Jr., and Mary I;C JEST OF husband and wife 3. Paul H. Troutner and Ione M. Troutner, husband and wife 4. Paul H. Troutner and Ione M. Troutner, as Trustees of the Trust of Paul and Ione Troutner 5. J.B.J. Limited Partnership [which also appears of record as J.B.J. Properties, an Idaho Limited Partnership] 6. David Nordling and Yoshie Nordling, husband and wife GRANTEE: Troutner Business Park Development Corporation, an Idaho corporation GRANTEES ADDRESS: 16250 Whispering Cliffs Dr., Boise, ID 83704 For good and valuable consideration the receipt of which is hereby acknowledged Grantor does hereby convey, release, remise and forever quitclaim unto Grantee that real property, together with appurtenances and all easements related thereto located in Ada County, State of Idaho, legally described on Exhibit A attached hereto. DATED This &� day of , 199• Arthur L. Troutner, as his separate Estate J mesH. a lantyne, J Mary J!qjjlantyne QUITCLAIM DEED - 1 d/realeet/trautner.dee IN WITNESS WHEREPF, 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 in Boise, Idaho My Commission Expires: STATE OF IDAHO, t ss. COUNTY OF ADA,����7� ) �o On this —Z&"day of , 199T, before me, the undersigned a Notary Publi�Cln-'5n3 for said State, personally appeared James H. Ballantyne, Jr., and Mary Ballantyne, husband and wife, known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and of fixed my of f icial seal the day and year in this certif icate f irst above written. Notary Public for Idsahb 7 � . '•.•'Y. Residing in Boise,: Idaho F'� My commission Expi_res:.1-� .•off... STATE OF ) ., ( s s . �3 �: �:. COUNTY OF ) �ri��e:.,. .,,• `' On this day of , 1996, before me, the undersigned a Notary Public in and for said State, personally. appeared Paul H. Troutner and Ione M. Troutner, husband and wife, known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. QUITCLAIM DEED -- 3 d/reelest/troutner.dee EXHIBIT A The land referred to In this Commitment Is described as follows: A PARCEL OF LAND LYING WITHIN THE NORTHEAST 114 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN CITY, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ALUMINUM CAP MONUMENT MARKING'THE NORTHEAST CORNER OF SAID SECTION 13; THENCE WEST ALONG THE NORTH UNE OF SAID SECTION AND THE CENTERLINE OF FRANKLIN ROAD, A DISTANCE OF 1328.20 FEET TO A BRASS CAP MONUMENT MARKING THE EAST 1/16TH CORNER OF SAID SECTION 13; THENCE CONTINUING WEST ALONG SAID SECTION LINE, A DISTANCE OF 362.70 FEET TO THE REAL POINT OF BEGINNING; THENCE SOUTH 00 DEGREE 08'25' WEST A DISTANCE OF 613.70 FEET; THENCE NORTH 72 DEGREES 09'35" WEST A DISTANCE OF 316.95 FEET TO THE EAST 13OUNDARY OF FRANKLIN SQUARE SUBDIVISION AS RECORDED IN BOOK 44 OF PLATS AT PAGES 5587 & 5588; THENCE SOUTH 00 DEGREE 08'58" WEST ALONG SAID EAST BOUNDARY A DISTANCE OF 1363.46 FEET; THENCE SOUTH 85 DEGREES 41'00" EAST A DISTANCE OF 147.41 FEET TO AN IRON PIN; THENCE NORTH 79 DEGREES 55'00" EAST A DISTANCE OF 523.48 FEET; THENCE NORTH 00 DEGREE 13'31" EAST A DISTANCE OF 142.00 FEET; THENCE NORTH 89 DEGREES 52'13" EAST A DISTANCE OF 790.35 FEET TO AN IRON PIN; THENCE NORTH 0o DEGREE 23' 12" EAST A DISTANCE OF 329.06 FEET TO AN IRON PIN; THENCE NORTH 89 DEGREES 56'06" WEST A DISTANCE OF 128.95 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 15'07" EAST A DISTANCE OF 663.29 FEET; THENCE NORTH 89 DEGREES 58'05" WEST A DISTANCE OF 663.21 FEET; THENCE NORTH 00 DEGREE 13'31' EAST A DISTANCE OF 349.76 FEET; THENCE WEST A DISTANCE OF 123.99 FEET; THENCE NORTH o0 DEGREE 13'48' EAST A DISTANCE OF 313.10 FEET; THENCE WEST A DISTANCE OF 238.73 FEET TO THE REAL POINT OF BEGINNING. EXCEPT THAT PORTION LYING WITHIN FRANKLIN ROAD RIGHT-OF-WAY. TOGETHER WITH ALL EAS&MENTS APPURTENANT TO THE PROPERTY. - - 97010220-- C1 ?0(02zC ADD - RECORDER O;SE ID QUITCLAIM DEED Q� GRANTOR: 1. Arthur L. Troutner as his separate Es c 7 �4P11-JEST �� 2. James H. Ballantyne, Jr., and Mary Bal.],ntyn� husband and wife EC i �CF3. Paul H. Troutner and Ione M. Troutner, hulsban'dTic and wife 4. Paul H. Troutner and Ione M. Troutner, as Trustees of the Trust of Paul and Ione Troutner 5. J.B.J. Limited Partnership [which also appears of record as J.B.J. Properties, an Idaho Limited Partnership] 6. David Nordling and Yoshie Nordling, husband and wife GRANTEE: Troutner Business Park Development Corporation, an Idaho corporation GRANTEE'S ADDRESS: 10250 Whispering Cliffs Dr., Boise, ID 63704 For good and valuable consideration the receipt of which is hereby acknowledged Grantor does hereby convey, release, remise and forever quitclaim unto Grantee that real property, together with appurtenances and all easements related thereto located in Ada County, State of Idaho, legally described on Exhibit A attached hereto. DATED This day of , Arthur L. Troutner, as his separate Estate James H. Ballantyne, Jr. Mary Ballantyne QUITCLAIM DEED - 1 d/realest/troutner.dee t Paul H. Troutner Ione M. Troutner Paul H. Troutner, Trustee Ione M. Troutner, Trustee J.B.J. Limited Partnership by Edward G. Jenkins by BMye O. Jenkins GENERAL PARTNERS David Nordling lit ' Y hie Nordling STATE OF IDAHO, ) ( ss. COUNTY OF ADA, ) On this day of , 1996, before me, the undersigned a Notary Public in and for said state, personally appeared Arthur L. Troutner, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. QUITCLAIM DEED - 2 d/reelest/troutner.dee 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 in Boise, Idaho My Commission Expires: STATE OF ( ss. COUNTY OF O el a—1 } On this ,&day of 199j', before me, the undersigned a Notary Publ' in afid for said state, personally appeared David Nordling and Yoshie Nordling, husband and wife, known or identified to me to be the persons whose names are. subscribed to the within instrument, and acknowledged to me"that they executed the same. IN WITNESS WHEREOF, 'I have hereunto set my hand and off ixed�.rh)( official seal the day and year in this certificate first above written. Notary Publicf)r J Residing in i-. My Commission Expires: � � r1 ••Iii ♦ - QUITCLAIM DEED - 5 d/realest/troutner-dee EXHIBIT A 'The land referred to In [lits Commitment Is described es follows: A PARCEL OF LAND LYING WITHIN THE NORTHEAST 114 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN CITY, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 'COMMENCING AT AN ALUMINUM CAP MONUMENT MARKING THE NORTHEAST CORNER OF SAID SECTION 13; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION AND THE CENTERLINE OF FRANKLIN ROAD, A DISTANCE OF 1328.20 FEET TO A BRASS CAP MONUMENT MARKING THE EAST 1/16TH CORNER OF SAID SECTION 13; THENCE CONTINUING WEST ALONG SAID SECTION LINE, A DISTANCE OF 362.70 FEET TO THE REAL POINT OF BEGINNING; THENCE SOUTH 00 DEGREE 08'25' WEST A DISTANCE OF 613.70 FEET; THENCE NORTH 72 DEGREES 09'35'WEST A DISTANCE OF 316.95 FEET TO THE EAST BOUNDARY OF FRANKLIN SQUARE SUBDIVISION AS RECORDED IN BOOK 44 OF PLATS AT PAGES 55567 & 5588; THENCE SOUTH 00 DEGREE 08'58" WEST ALONG SAID EAST BOUNDARY A DISTANCE OF 1363.46 FEET; THENCE SOUTH 85 DEGREES 41'00" EAST A DISTANCE OF 147.41 FEET TO AN IRON PIN; THENCE NORTH 79 DEGREES 55'00" EAST A DISTANCE OF 623.48 FEET; THENCE NORTH 00 DEGREE 13'31" EAST A DISTANCE OF 142.00 FEET; THENCE NORTH 89 DEGREES 52'13" EAST A DISTANCE OF 790.35 FEET TO AN IRON PIN: THENCE NORTH 00 DEGREE 23'12" EAST A DISTANCE OF 329.06 FEET TO AN IRON PIN; THENCE NORTH 89 DEGREES 56'06" WEST A DISTANCE OF 128.95 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 18'07" EAST A DISTANCE OF 663.29 FEET; THENCE NORTH 69 DEGREES 58'05" WEST A DISTANCE OF 663.21 FEET; THENCE NORTH 00 DEGREE 13'31" EAST A DISTANCE OF 349.76 FEET, THENCE WEST A DISTANCE OF 123.99 FEET; THENCE NORTH 00 DEGREE 13'48" EAST A DISTANCE OF 313.10 FEET; THENCE WESTA DISTANCE OF 238.73 FEET TO THE REAL POINT OF BEGINNING, EXCEPT THAT PORTION LYING WITHIN FRANKLIN ROAD RIGHT-OF-WAY. TOGETHER WITH ALL EASE=S APPURTENANT TO THE PROPERTY. GRANTEE'S ADDRESS: 10250 Whispering Cliffs Dr., Boise, ID 83704 For good and valuable consideration the receipt of which is hereby acknowledged Grantor does hereby convey, release, remise and forever quitclaim unto Grantee that real property, together with appurtenances and all easements related thereto located in Ada County, State of Idaho, legally described on Exhibit A attached hereto. . DATED This S day of Arthur L. Troutner, as his separate Estate James fi. Ballantyne, Jr. Mary Ballantyne QUITCLAIM DEED -- 1 d/ree[est/troutner.dee I ' 9?Q10221 QUITCLAIM DEED HQ15E f y 997 FEB 7 PSI 5y GRANTOR: 1. Arthur L. Troutner as his separate Estate 2. James H. Ballantyne, Jr.,. and Mary .B �lanty i;=;: ; husband and wife RECO;iC,[, U 11'r r J�57 3. Paul H. Troutner and Ione OF M. Troutner, husband and wife 4. Paul H. Troutner and Ione M. Troutner, as Trustees of the Trust of Paul and Ione Troutner 5. J.B.J. Limited Partnership [which also appears of record as J.B.J. Properties, an Idaho Limited Partnership] 6. David Nordling and Yoshie Nordling, husband and wife GRANTEE: Troutner Business Park Development Corporation, an Idaho corporation GRANTEE'S ADDRESS: 10250 Whispering Cliffs Dr., Boise, ID 83704 For good and valuable consideration the receipt of which is hereby acknowledged Grantor does hereby convey, release, remise and forever quitclaim unto Grantee that real property, together with appurtenances and all easements related thereto located in Ada County, State of Idaho, legally described on Exhibit A attached hereto. . DATED This S day of Arthur L. Troutner, as his separate Estate James fi. Ballantyne, Jr. Mary Ballantyne QUITCLAIM DEED -- 1 d/ree[est/troutner.dee I t Paul H. Troutner Ione M. Troutner Paul H. Troutner, Trustee Ione M. Troutner, Trustee .B.J. ited Partnership by -�E ward G e Jenkins GENERAL PARTNERS David Nordling Yosh a Nordling STATE OF.IDAHO, ) ( ss. COUNTY OF ADA, on this day of , 1996, before me, the undersigned a Notary Public n and for said State, personally appeared Arthur L. Troutner, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. QUITCLAIM DEED - 2 d/reatest/ troutner.dee 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 Residing in My Commission Expires: STATE OF ) ( ss. COUNTY OF ) On this day of 19 , before me, the undersigned a Notary Public n and for said State, personally appeared Paul H. Troutner and Ione M. Troutner, known or identified to me to be the persons whose names are subscribed to the within instrument as Trustees and acknowledged to me that they executed the same as such Trustees. 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 Residing in �.� My Commission Expires: STATE OF-10ftHO, ) ss. COUNTY OF ADA-,- On DA-,On this day of , 199 , before me, the undersigned a Notary Public n and for said State, personally appeared Edward G. Jenkins and Billye O. Jenkins, known or identified to me to be the General Partners of J.S.J. Limited Partnership, and who subscribed said limited partnership name to the. foregoing instrument, and acknowledged to me that they executed the same in said limited partnership name. QUITCLAIM DEED - 4 d/realest/troutner.dee IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. OFFICIAL SEAL LAURA ROCKWELL Qhy4Ab1Qic; for Idr*e,- Notary i%titc - Stata of Arto- MARICO?ACOUN y P.Goldt g idy Comtnlnlai EzFirol�mii 11,1949 My Commission Expires: STATE OF ) ( ss. COUNTY OF ) On this day of, 1996, before me, the undersigned a Notary Public n and for said State, personally appeared David Nordling and Yoshie Nordling, husband and wife, known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same.. IN WITNESS WHEREOF, I have hereunto set my hand and of fixed my official seal the day and year in this certificate first above written. Notary Public for Residing in My Commission Expires: QUITCLAIM DEED - 5 d/realest/ troutner.dee EXHIBIT A The land referred to In this Commitment is described as follows: A PARCEL OF LAND LYING WITHIN THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MEJIDIAN CITY, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ALUMINUM CAP MONUMENT MARKING THE NORTHEAST CORNER OF SAID SECTION 13; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION AND THE CENTERLINE OF FRANKLIN ROAD, A DISTANCE OF 1328.20 FEET TO A BRASS CAP MONUMENT MARKING THE EAST 1 /16TH CORNER OF SAID SECTION 13; THENCE CONTINUING WEST ALONG SAID SECTION LINE, A DISTANCE OF 362.70 FEET TO THE REAL POINT OF BEGINNING; THENCE SOUTH 00 DEGREE 08'25" WEST A DISTANCE OF 613.70 FEET; THENCE NORTH 72 DEGREES 09'35' WEST A DISTANCE OF 316.95 FEET TO THE EAST BOUNDARY OF FRANKLIN SQUARE SUBDIVISION AS RECORDED IN BOOK 44 OF PLATS AT PAGES 5587 & 5588; THENCE SOUTH 00 DEGREE 08'58" WEST ALONG SAID EAST BOUNDARY DISTANCE OF 1363.46 FEET; THENCE SOUTH 85 DEGREES 41'00" EAST A DISTANCE OF 147.41 FEET TO AN IRON PIN; THENCE NORTH 79 DEGREES 55'00" EAST A DISTANCE OF 523.48 FEET; THENCE NORTH 00 DEGREE 13'310 EAST A DISTANCE OF 142.00 FEET; THENCE NORTH 89 DEGREES 52'13' EAST A DISTANCE OF 790.35 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 23'12" EAST A DISTANCE OF 329.06 FEET TO AN IRON PIN; THENCE NORTH 89 DEGREES 56'06" WEST A DISTANCE OF 128.95 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 18'07' EAST A DISTANCE OF 663.29 FEET; THENCE NORTH 89 DEGREES 5B'05' WEST A DISTANCE OF 663.21 FEET; THENCE NORTH 00 DEGREE 13'31" EAST A DISTANCE OF 349.76 FEET; THENCE WEST A DISTANCE OF 123.99 FEET; THENCE NORTH 00 DEGREE 13'48". EAST A DISTANCE OF 313.10 FEET; THENCE VVEST A DISTANCE OF 238.73 FEET TO THE REAL POINT OF BEGINNING. EXCEPT THAT PORTION LYING WITHIN FRANKLIN ROAD RIGHT-OF-WAY. TOGETHER WITH ALL EASEMENTS -APPURTENANT TO THE PROPERTY. City of Meridian Conditional Use Permit Application Checklist Applicant•rf T - %�° ��4��h Date: Project: Item - No. Description Comments I.icant contact information rt owner contact information l descri tion ant deedized ✓' consent of ro ert owner `�i tion of existin use uildin use t jnt use of ro ert(other land usesed use of property 8. Zone of property 9. Vicinityma - 30 copies 10. Site plan scale of not less than l "=50' - 35 co ies �Building 10.a. location(s) 10.b. Parking and loading areas v.- 10.c. Traffic access drives 10.d. Traffic circulation patterns 10.e. O en/common spaces 10.f. Landsca e lan 10. . Refuse & service areas . 10.h. Utilities plan, including: v - Sewer v' - Water - Irrigation i - Storm drains e 10.1. Si na e 10.'. 8'/z" x 11 " copy of site lan 10.k. Building elevations(front, rear and sides 10.1. Construction materials (may be included on elevations drawing) IL Surrounding property mailing addresses V" 12 Characteristics of property that make conditional use desirable ✓ 13. A lication and mailine fee 14. Additional services statement 15. Application verification statement 16. Posting of property affidavit C:\P&Zadmin\CUPCheck1ist2 .; �✓ i ; S,..e': E:Q' ,`rye. J. W` L'F�/.�t.i '� -% George R. Blecha, AIA ARCHITECTURE AND PLANNING 507 HILLVIEW DRIVE BOISE, IDAHO 83712 PH: (208)344-2796 FAX: (208)344-4686 vu City of Meridian Planning and Zoning Department Brad Hawkin-Clark, Planner VLsiU, We George R. Blecba LL trWw'4- LV %fUU;UU,ftlVaL Date: February 24, 2000 Proj. No.: 9913 REF.: Joseph and Stacey Heilker Lease Building Meridian, Idaho VIA: FAXED ❑ MAILED ❑ DELIVERED Is - PICKED -UP ❑ Ll Vat W1 Ul WL ww1lb Conditional Use Application and Submission Package WLJGJ tU1111VLL W Ut&M(iJ VULN WULWt ® FOR YOUR USE 0 INFORMATION ® AS REQUESTED WMOO Vt ❑ FOR APPROVAL ❑ DISTRIBUTION ❑ REVIEW & COMMENT ❑ APPROVED AS NOTED D. and St SIGNED: Heilker QUANTITY OF PAGES INCLUDED THIS COVER _ PLEASE REPORT INCOMPLETE TRANSMISSION TO (208)344-2796 George R. Blecha, AIA ARCHITECTURE AND PLANNING 507 HILLVIEW DRIVE BOISE, IDAHO 83712 PH: (2081344-2796 FAX: (208)3444688 VU, Attention: Brad Hawkins -Clark Meridian City Zoning and Development Services Meridian, Idaho (ji ]f! George R. Blecha LLrVVUU LIQ VU4,UEVdVVI1L'- Date: February 29, 2000 Proj. NO.: 9913 REF.: Proposed Lease Building For Joseph and Stacey Heilker Meridian, Idaho VIA: FAXED ❑ MAILED ❑ DELIVERED PICKED -UP ❑ VULO L,W (11) Blueline Copies - 24' x 36" (Revised) L-1.0 Landscape Plan (1) 11" x 17" L-1.0 Landscape Plan Document has been revised to comply with Troutner Business Park Development Standards. I t+lti tl�l11'trt�L J p�0UL3�ti�t.�fJ U. WI t ® FOR YOUR USE 0 INFORMATION ❑ FOR APPROVAL ❑ DISTRIBUTION ❑ REVIEW 8 COMMENT ❑ APPROVED AS NOTED © AS REQUESTED ❑ LgLV' L W IVU Mike Ballantyne, Troutner Business Park Development Corp. Joseph D. Heilker, Aerotech, 141 Hill, ESI QUANTITY OF PAGES INCLUDED THIS COVER _ PLEASE REPORT INCOMPLETE TRANSMISSION TO (208)344-2796 Z, a ,D r\ 92-15541 1241 5�. r 7193 Date I 3 f h Dollars 8 1-8o0-KEY2YOU -A— b, , M' "-_— For I:L24LOLSSSI: L244LOO 2633811' 7L93 t Joseph }feilker 2491 X Zrurnberry Way jH1}stacey lW eridiall, J;D 83642 a ph. 208-887-3936 a Pay to the order of +2A) r� i 'J .AAt _� '. KEYBANK D Z 83701 O 3 ac O( (D `D �: 3 co N IC 7�— w :0 � W `c cp oc n o L o Q G 3 A Y � 0 3 �- - 3 M s m� m � ° N -i n L n x r- O ° y °O -. I J — N N 92-15541 1241 5�. r 7193 Date I 3 f h Dollars 8 1-8o0-KEY2YOU -A— b, , M' "-_— For I:L24LOLSSSI: L244LOO 2633811' 7L93 t Joseph }feilker 2491 X Zrurnberry Way jH1}stacey lW eridiall, J;D 83642 a ph. 208-887-3936 a Pay to the order of +2A) r� i 'J .AAt _� '. KEYBANK NATIONAL ASSOCIATION✓ BOISE IDAHO 83701 92-15541 1241 5�. r 7193 Date I 3 f h Dollars 8 1-8o0-KEY2YOU -A— b, , M' "-_— For I:L24LOLSSSI: L244LOO 2633811' 7L93 t 69 �N x dllh'r/H �1til S \\ r ^ VI 7-T.' 9 f411 Q 1 I Q OD 441 CSF t � w g O � a . r ver :A S.W. 3RD A n o Z M Q _ O J ` Z Z w ( a CL w o a N 1 I c ~ S. W. 5TH AVE. N i m ,m W Q N ro lt, Q V ri s•ioi MU — M `� ld 15�Jf1HNA�, O U I M N M (O Y L H to N NQ N M — Q DD N �. m /� F- N ti W M 0 0 li (� W tD - W N N O I_ 0 Q Ycr E N w z. 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IN -- ._ASCI C'INCi STmm-r L-i(!iH-r t"'1tOlm�rSTY 1-aIVG Fi �I "t3 NC.W Q�� aU4_1."f W J •7 J U SNC' c•Ci. u w a a 2 LLCL �FUSE'`ti�Li'`��C-+RtIG�ICA� ! j a� Wti �f^C91NQ %yay�Cl QCO Lu a H i 0) W= Z Q W O W F - r1�Y NO CL CK ~ a a /tVCJ LIIVI Vd eu 7N,�5 NT �i ;C:SCl�7'•iF-K9 7tq�p.��'RI`.IL�J'� DPo1_ Wry gy. MLE: t.. '09 SNEEi \_OI OF 0) C W W 0 z W a LU 3 M i TROD i NER BUSINESS PARK DEVELOPMEN , CORP. 10250 Whispering Cliffs Drive Boise, Idaho 83704 February 23, 2000 Shari Stiles 33 E. Idaho Avenue Meridian, ID 83642 o Re: Land Use Application: Troutner Park A O ki Dear Ms. Stiles: Please find attached copies of recorded documents showing the chain of title from previous owners of what is now Troutner Business Park to Troutner Business Park Development Corporation. I am providing these documents to you to alleviate any concern on behalf of the City of Meridian regarding the legal ownership of Troutner Park. I am also providing a copy of the Title Insurance Commitment from Pioneer Title Company, which testifies that Pioneer Title has researched the chain of title and agrees that Troutner Business Park Development Corporation is the fee simple owner of the property for which this land use action is proposed. I understand the City's desire to protect property owners and to limit their liability. I believe these documents will provide any additional proof of ownership the City may require. Troutner Business Park Development Corp. is the owner of record of the property described on the accompanying application and does hereby grant its consent for the applicant to submit the accompanying application pertaining to that property. Sincerely yours, ames H. Ballantyne President Enclosure (2) Sate of Idaho ) S.S. .•••��S�A K. Cj���•• V X01 AR r OF • .* pUBLI .•fO •ffffsee, .... County of Ada ) On this Z? day o✓cty , in the year �� , before motary t5��1 public, personally appeared Jame H. Ballantyne, personatly known to me to be the person whose name is subscribed to this document, and acknowledg to e t* he execuTed the same. NotaryPublic My commission expires on d� ni �� PIONEER TITLE COMPANY OF ADA COUNTY 8151 WEST RIFLEMAN STREET BOISE, IDAHO 83704 TO: THORNTON OLIVER RESIDENTIAL REAL ESTATE DATE: DECEMBER 30, 1999 250 SOUTH 5TH STREET, 2ND FLOOR ORDER NO.: P187185 BOISE, ID 83702 Attn: MICHAEL BALLANTYNE RE: AEROTECH, INC. TROUTNER BUSINESS PARK DEVELOPMENT CORPORATION Enclosed: TITLE COMMITMENT ( ) SUPPLEMENTAL ( ) TITLE POLICY ( ) ENDORSEMENTS ( ) LIMITED COVERAGE JUNIOR LOAN POLICY ( ) LOT BOOK REPORT ( ) TRUSTEE'S SALE GUARANTEE ( ) LITIGATION GUARANTEE ( ) BILLING ORIGINAL DOCUMENTS Thank you for giving us the opportunity to serve you. We appreciate your business and will strive to merit the confidence you have shown in us. If you have any questions, please contact the following: TITLE OFFICER ESCROW OFFICER HAROLD E. HUSTON JANET BLOSCH 208-373-3679 208-373-3750 commitment To Insure ALTA Commitment - 1970 Rev. * OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company, * for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or * * * interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure of the proposed Insured to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A, to be valid when countersigned by a validating officer or other authorized signatory. OLO REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 (612)371-1111 By President Authorized Signatory Attest Secretary ORT Form 2526 '- COMMITMENT FOR TITLE INSURANCE PIONEER TITLE COMPANY OF ADA COUNTY (208) 373-3700 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SCHEDULE A File No. P187185 PIONEER TITLE COMPANY OF ADA COUNTY 821 W. STATE ST. BOISE, ID 83702 ATTN: JANET BLOSCH Ph: 208-373-3750 Fx: 208-384-9936 Copies to: TROUTNER BUSINESS PARK DEV. 10250 WHISPERING CLIFFS BOISE, ID 83704 Attn: JIM BALLANTYNE THORNTON OLIVER RESIDENTIAL REAL ESTATE 250 SOUTH 5TH STREET, 2ND FLOOR BOISE, ID 83702 Attn: GARY BUENTGEN Ph: 208-947-0847 Fx: 208-947-0869 BART BALLANTYNE REAL ESTATE 2505 N. ESQUIRE DR. BOISE, ID 83704 Escrow Inquiries should be directed to: JANET BLOSCH SR. ESCROW OFFICER (373-3750) 821 W. STATE ST. BOISE, ID 83702 Fx: 208-384-9936 2. Policy or Policies to be issued: (A) Owner's Extended Coverage Proposed Insured: AEROTECH, INC. 1. Effective Date: December 20, 1999 at 7:30 A.M. AEROTECH, INC. 800 E. CITATION COURT, SUITE C BOISE, ID 83705 Attn: JOSEPH D. HEIKER THORNTON OLIVER RESIDENTIAL REAL ESTATE 250 SOUTH 5TH STREET, 2ND FLOOR BOISE, ID 83702 Attn: MICHAEL BALLANTYNE Ph: 208-947-0831 Title Inquiries should be directed to: HAROLD E. HUSTON VICE PRESIDENT (PHONE 373-3679) 8151 W. RIFLEMAN BOISE, ID 83704 Amount Premium $143,681.00 $687.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: TROUTNER BUSINESS PARK DEVELOPMENT CORPORATION, AN IDAHO CORPORATION CONTINUED P187185 5. The land referred to in this Commitment is described as follows: LOT 2 IN BLOCK 5 TROUTNER PARK SUBDIVISION, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 75 OF PLATS AT PAGES 7762 THRU 7764, RECORDS OF ADA COUNTY, IDAHO. P187185 SCHEDULE B - SECTION 2 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 2. General Exceptions: (A) Rights or claims of parties in possession not shown by the public records. (B) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey or inspection of the premises including, but not limited to, insufficient or impaired access or matters contradictory to any survey plat shown by the public records. (C) Easements, or claims or easements, not shown by the public records. (D) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. (E) (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims to title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. (F) Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices to such proceedings, whether or not shown by the records of such agency or by the public records. *PARAGRAPHS A,B,C,D,E AND F WILL NOT APPEAR AS PRINTED EXCEPTIONS ON EXTENDED COVERAGE POLICIES, EXCEPT AS TO SUCH PARTS THEREOF, WHICH MAY BE TYPED AS A SPECIAL EXCEPTION IN SCHEDULE B - SECTION 2. CONTINUED P187185 C. Special Exceptions: 1. GENERAL TAXES FOR THE YEAR 1999, WHICH ARE LIENS, OF WHICH THE FIRST HALF HAS BEEN PAID. THE SECOND HALF OF WHICH WILL NOT BECOME DELINQUENT UNTIL JUNE 20TH. PARCEL NO. AMOUNT 0388533754100 $1978.64 2. SEWERAGE CHARGES AND SPECIAL ASSESSMENT POWERS OF THE CITY OF MERIDIAN. NO SPECIAL ASSESSMENTS NOW SHOW OF RECORD. 3. LIENS AND ASSESSMENTS OF THE FOLLOWING DISTRICT AND THE RIGHTS AND POWERS THEREOF AS PROVIDED BY LAW. NO DELINQUENCIES APPEAR IN THE COUNTY RECORDER'S OFFICE. DISTRICT: NAMPA MERIDIAN IRRIGATION DISTRICT (343-1884) 4. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS AS SET FORTH ON SAID PLAT. 5. TERMS AND PROVISIONS OF ORDINANCE NO. 739 OF THE CITY OF MERIDIAN RECORDED: SEPTEMBER 12, 1996 INSTRUMENT NO.: 96076688 6. AGREEMENT EXECUTED BY AND BETWEEN THE PARTIES HEREIN NAMED UPON THE TERMS, CONDITIONS AND PROVISIONS THEREIN PROVIDED. BETWEEN: NAMPA & MERIDIAN IRRIGATION DISTRICT AND TROUTNER BUSINESS PARK DEVELOPMENT CORPORATION DATED: APRIL 4, 1997 RECORDED: APRIL 9, 1997 INSTRUMENT NO.: 97027030 PROVIDING: THE PURPOSE OF THIS LICENSE AGREEMENT IS TO PERMIT LICENSEE TO 1. INSTALL CULVERT CROSSINGS IN THE EIGHTMILE LATERAL FOR SOUTHWEST 5TH AND SOUTHWEST 3RD AVENUE, 2. INSTALL SEWER LINE CROSSING UNDER THE EIGHTMILE LATERAL, 3. PIPE A DELIVERY LATERAL WHICH CROSSES THE EIGHTMILE LATERAL, 4. CONSTRUCT A NON-COMBUSTIBLE FENCE A MINIMUM OF 3 FEET TO THE SOUTH OF THE SOUTHERN BANK OF THE EIGHTMILE LATERAL, AND 5. PLAT GRASS WITHIN THE PORTION OF THE DISTRICT'S EASEMENT FOR THE EIGHTMILE LATERAL LOCATED TO THE SOUTH OF THE FENCE TO BE INSTALLED BY THE LICENSEE, AND 6. DISCHARGE STORM WATER FROM TROUTNER PARK SUBDIVISION INTO THE TENMILE DRAIN, ALL WITHIN TROUTNER PARK SUBDIVISION LOCATED SOUTHWEST OF THE INTERSECTION OF WEST FRANKLIN ROAD AND MERIDIAN ROAD IN MERIDIAN, ADA COUNTY, IDAHO. CONTINUED P167185 7. AGREEMENT EXECUTED BY AND BETWEEN THE PARTIES HEREIN NAMED UPON THE TERMS, CONDITIONS AND PROVISIONS THEREIN PROVIDED. BETWEEN: NAMPA & MERIDIAN IRRIGATION DISTRICT AND TROUTNER BUSINESS PARK DEVELOPMENT CORPORATION DATED: AUGUST 15, 1997 RECORDED: SEPTEMBER 4, 1997 INSTRUMENT NO.: 97072269 PROVIDING: AGREEMENT FOR PRESSURIZED URBAN IRRIGATION SYSTEM (PUIS) WITH RESTRICTIVE COVENANTS RUNNING WITH THE LAND (TROUTNER PARK SUBDIVISION) AFFECTS: ENTIRE SUBDIVISION 8. THE EFFECT OF THAT CERTAIN BILL OF SALE BETWEEN TROUTNER PARK DEVELOPMENT CORPORATION AND NAMPA & MERIDIAN IRRIGATION DISTRICT RECORDED SEPTEMBER 4, 1997, AS INSTRUMENT NO. 97072272. 9. THE EFFECT OF THAT CERTAIN CONSTRUCTION CONTRACT FOR PRESSURIZED IRRIGATION SYSTEM RECORDED SEPTEMBER 4, 1997, AS INSTRUMENT NO. 97072273. 10. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS DATED: MAY 15, 1997 EXECUTED BY: TROUTNER BUSINESS PARK DEVELOPMENT CORPORATION RECORDED: MAY 19, 1997 INSTRUMENT NO.: 97038791 11. LIENS, DUES AND OR ASSESSMENTS OWING THE ASSOCIATION HEREIN NAMED WHICH MAY HAVE HERETOFORE ATTACHED PURSUANT TO THE PROVISIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS. ASSOCIATION: TROUTNER BUSINESS PARK ASSOCIATION, INC. 12. DEVELOPMENT AGREEMENT EXECUTED BY AND BETWEEN THE PARTIES HEREIN NAMED UPON THE TERMS, CONDITIONS AND PROVISIONS THEREIN PROVIDED. BETWEEN: CITY OF MERIDIAN AND TROUTNER BUSINESS PARK DEVELOPMENT CORPORATION, AN IDAHO CORPORATION DATED: APRIL 29, 1997 RECORDED: JUNE 5, 1997 INSTRUMENT NO.: 97044077 PROVIDING: FOR ANNEXATION TO THE CITY OF MERIDIAN AND DEVELOPMENT OF TROUTNER BUSINESS PARK SUBDIVISION 13. LICENSE AGREEMENT EXECUTED BY AND BETWEEN THE PARTIES HEREIN THE TERMS, CONDITIONS AND PROVISIONS THEREIN PROVIDED. BETWEEN: NAMPA MERIDIAN IRRIGATION DISTRICT (343-1884) AND GAS COMPANY, A CORPORATION DATED: FEBRUARY 18, 1997 RECORDED: FEBRUARY 21, 1997 INSTRUMENT NO.: 97013694 AFFECTS: NE 1/4 SEC 13 T3N, RiW CONTINUED NAMED UPON INTERMOUNTAIN P187185 14. LETTER EXECUTED BY CENTRAL DISTRICT HEALTH DEPARTMENT DATED: NOVEMBER 28, 1997 RECORDED: DECEMBER 3, 1997 INSTRUMENT NO.: 97100518 PROVIDING: SANITARY RESTRICTIONS WILL REMAIN IN FORCE FOR BLOCK 2, LOTS 10 THROUGH 15, BLOCK 3, LOTS 1 THROUGH 8, BLOCK 4, LOTS 1 THROUGH 3, BLOCK 5, LOT 3, BECAUSE SEWAGE AND WATER FACILITIES HAVE NOT BEEN APPROVED FOR THESE LOTS. NO OWNER SHALL CONSTRUCT ANY BUILDING, DWELLING OR SHELTER WHICH NECESSITATES THE SUPPLYING OF WATER, OR SEWAGE FACILITIES FOR PERSONS USING SUCH PREMISES UNTIL SANITARY RESTRICTION REQUIREMENTS ARE SATISFIED AND LIFTED. NOT LOT SIZE MAY BE REDUCED WITHOUT PRIOR APPROVAL OF THE HEALTH AUTHORITY. 15. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF $1,711,472.00, AND ANY OTHER AMOUNTS AS THEREIN PROVIDED, PAYABLE UNDER THE TERMS, CONDITIONS, PROVISIONS AND STIPULATIONS THEREOF. DATED: FEBRUARY 7, 1996 GRANTOR: TROUTNER BUSINESS PARK DEVELOPMENT CORPORATION, AN IDAHO CORPORATION TRUSTEE: PIONEER TITLE COMPANY OF ADA COUNTY, AN IDAHO CORPORATION BENEFICIARIES: 1. ARTHUR TROUTNER, AS HIS SOLE AND SEPARATE PROPERTY (AN UNDIVIDED 47.93004%) 2. JAMES H. BALLANTYNE, JR. AND MARY BALLANTYNE, HUSBAND AND WIFE (AN UNDIVIDED 33.783600) 3. DAVID L. NORDLING AND YOSHIE NORDLING, HUSBAND AND WIFE (AN UNDIVIDED 6.73098%) 4. PAUL H. TROUTNER AND IONE M. TROUTNER, HUSBAND AND WIFE (AN UNDIVIDED 4.70033%) 5. J.B.J. LIMITED PARTNERSHIP, AN IDAHO LIMITED PARTNERSHIP (AN UNDIVIDED 6.854650) RECORDED: FEBRUARY 7, 1997 INSTRUMENT NO.: 97010222 AFFECTS: THIS AND OTHER LANDS END OF EXCEPTIONS NOTE: THERE IS NO NOTICE OF RECORD AND THEREFORE NO SEARCH HAS BEEN MADE FOR ANY UNPAID ASSESSMENTS, CHARGES OR FEES FOR SEWER, WATER, GARBAGE, IRRIGATION AND OTHER POSSIBLE UTILITY SERVICES. NOTE: IF THE PROPOSED INSURED UNDER THE POLICY TO ISSUE HAS ANY QUESTIONS CONCERNING THE COVERAGE OR EXCLUSIONS FROM COVERAGE, THE COMPANY WILL BE PLEASED TO PROVIDE AN EXPLANATION. NOTE: PURSUANT TO THE STATE OF IDAHO INSURANCE REGULATIONS, A CANCELLATION FEE IS TO BE CHARGED ON ALL CANCELLED ORDERS. UNLESS OTHERWISE ADVISED, ORDERS WILL BE CONSIDERED CANCELLED SIX MONTHS AFTER THE EFFECTIVE DATED ON THE COMMITMENT. THE AMOUNT OF THE FEE ASSESS SHALL BE IN ACCORDANCE WITH OUR RATE FILING WITH THE IDAHO DEPARTMENT OF INSURANCE. CONTINUED P i"87185 NOTE: THE COMPANY EXPRESSLY DISCLAIMS ANY. LIABILITY RESULTING FROM DATE FIELD RELATED COMPUTER PROCESSING ERRORS, INCLUDING WITHOUT LIMITATION, "YEAR 2000" ERRORS, OF THIRD PARTIES UPON WHOM THE COMPANY DEPENDS IN PROCESSING INFORMATION NECESSARY TO ACT AS THE SETTLEMENT AGENT AND/OR INSURE THE TRANSACTION. THIS NOTE IS FOR INFORMATION PURPOSES ONLY; IT WILL NOT BE CARRIED OVER INTO ANY TITLE POLICY AND WILL NOT BE CONSTRUED IN ANY WAY TO MODIFY OR LIMIT ANY POLICY WHICH IS ISSUED PURSUANT TO THIS COMMITMENT. CITY CLERK FILE CHECKUST File No. r✓i p vo big Project Name: Q Date Received from Planning and Zoning Department: Hearing Date: Planning and Zoning Level: ❑ Transmittals to agencies and others: and ❑ Notice to newspaper with publish dates: ❑ Certifieds to property owners: Approve Deny ❑ Planning and Zoning Commission Recommendation: ❑ ❑ Notes: Ci Council Level: Hearing Date: V\ F Y `�v� Transmittals to agencies and others: 0 and 1� Notice to newspaper with publish dates: VA (G� ❑ Certifieds to property owners: Approve ❑ Deny City Council Action: C!" I ❑11 ' Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: Approved by Council: _ ❑✓� Copies Disbursed: _ Findings Recorded _ Development Agreement: ❑ Sent for signatures: ❑ Signed by all parties: ❑ Approved by Council: ❑ Recorded: ❑ Copies Disbursed: i/ , l �2-0() Ordinance No. Resolution No. ❑ Approved by Council: ❑ Recorded: Deadline: 10 days ❑ Published in newspaper: ❑ Copies Disbursed: Notes: NI n -�-,L( fl M P� 4 --- C6'Y>�iry\&,Li� Resolutions: Original Res /Copy Cert Minutabook Copy Res / Copy Cert: City Clerk City Engineer City Planner City Attorney Sterling Codifiers Project File Copy Res / 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 I Orders: Original: Minutebook Copies to: Applicant Project file City Engineer City Planner City Attorney Record vacation Findings " Recorded Develop—ritAgreernents: Original:Fireproof File Copies to:Applicant Project file City Engineer City Planner City Attorney W BEFORE THE MERIDIAN CITY COUNJ I L E COPY IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A HIGH- TECH MANUFACTURING FACILITY IN THE TROUTNER BUSINESS PARK WHICH IS IN A C -G ZONE JOSEPH D. AND STACEY HEILICER, APPLICANT. 05-09-00 Case No. CUP -00-018 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on May 2, 2000, at the hour of 7:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was George Blecha, and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to -wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK/ (CUP -00-018) - 1 FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 2, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the May 2, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an (C -G), General Retail and Service Commercial District, by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK / (CUP -00-018) - 2 4. The property is located at the southeast corner of W. Pennwood Avenue and S. West 5`' Avenue in the Troutner Business Park, Meridian, Idaho. Idaho. 5. The owner of record of the subject property is James H. Ballantyne of Boise, 6. Applicant is Joseph D. Heillcer and Stacey Heillcer of Meridian. 7. The subject property is currently zoned C -G. The zoning district of C -G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a high-tech manufacturing facility. The C -G zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK/ (CUP -00-018) - 3 -I-- ,,_�' 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 12.1 Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance Section 11-13-4 and/or as detailed in site-specific requirements, and in accordance with Americans with Disabilities Act (ADA) requirements. 12.2 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. 12.3 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 12.4 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. 12.5 All construction shall conform to the requirements of the Americans with Disabilities Act. 12.6 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARI(/ (CUP -00-018) - 4 r �-a the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for over payment of assessments and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 1.2.7 As part of a conditional use permit, the City of Meridian may impose restrictions and conditions in addition to current City Ordinances. 12.8 Applicant shall coordinate the location and construction requirements of the required trash enclosure with Meridian Sanitary Service, Inc., and shall provide a letter of approval from their office when applying for a Certificate of Zoning Compliance. 12.9 Submit a letter of plan approval from Ada County Highway District when applying for a Certificate of Zoning Compliance. 12.10 All required deciduous trees are to be a minimum of 3" caliper at the time of planting; any conifer trees are to be a minimum of 6-8" at planting. 12.11 Applicant shall be required to landscape southern boundary if the adjacent property is not purchased by the Applicant. Adopt the Recommendations of the Ada County Highway District as follows: 12.12 Dedicate 45 -feet of right-of-way from the ultimate street centerline of Franklin Road abutting the parcel (20 additional feet) by means of recordation of the final subdivision plat or prior to issuance of a building permit (or other required permits), whichever occurs first. 12.13 Provide a$ 2,02 3 - 00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 238 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. 12.14 If the site is developed prior to the District improving Franklin Road, Applicant shall construct a left -turn deceleration lane on Franlclin Road at SW 5th Street having 50 -feet of storage and a 40 to 1 taper. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK/ (CUP -00-018) - 5 12.15 Provide a $425.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Meridian Road abutting the parcel (50 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. 12.16 If the site is developed prior to the District improving Meridian Road, Applicant shall construct a left -turn lane on Meridian Road at Pennwood Street having 50 -feet of storage with a 40 to 1 taper. 12.17 Construct all internal streets to a 41 -foot street section with 5 -foot wide sidewalks within a 58 -foot right-of-way. 12.18 Barrett Street and Pennwood Street shall be constructed with an ACHD acceptable turnaround improved with pavement, standard vertical curb and gutter. Depending on the design of the turnaround, "no parking" signs shall be required as determined by Traffic Services staff. 12.19 SW 3rd Street shall be extended from Fulmer Street to the site's northern property line. 12.20 SW 5th Street shall be extended to the south boundary of the site with a temporary easement for a paved turnaround. 12.21 SW 3rd Street shall be extended to the south boundary of the site with a temporary easement for a paved turnaround. 12.22 Access to SW 5th Street shall be restricted for a minimum of 175 -feet south of the future back of curb on Franklin Road. 12.23 Driveways shall be a maximum of 30 -feet wide with a minimum offset between driveways or from street intersections of 50 -feet as measured near edge to near edge. 12.24 Applicant shall have a notation on the final plat that states, "Direct lot or parcel access to Franklin Road is prohibited." 12.25 Align SW 5th Street with the main entrance to Hoff's (approximately 160 - feet to the east) on the north side of Franklin Road. The centerlines of SW 5th Street and the Hoff's driveway shall be located a maximum of 5 -feet apart. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK/ (CUP -00-018) - 6 12.26 Provide a cross access easement to the abutting parcel at the southwest corner of Franklin Road and SW 5th Street. 12.27 Construct a roadway in the existing easement from SW 3rd Street to Meridian Road. This roadway shall be a minimum of 29 -foot width. Curb, gutter and sidewalk are not required. The District shall delete the requirement for this roadway once SW 5th Street and SW 3rd Street are connected to Corporate Drive. 12.28 Conduct a traffic signal warrant analysis for the Franklin Road/SW 5th Street intersection, prior to approval of the final plat of the last phase. If a traffic signal is warranted, Applicant shall deposit $75,000 to the Public Rights -of -Way Road Trust Fund for the cost of a traffic signal prior to final plat approval of the last phase. 12.29 Restrictions on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. Adopt the Recommendations of the Nampa Meridian Irrigation District as follows: 12.30 Requires all laterals and wasteways be protected. 12.31 All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa &. Meridian Irrigation District shall review drainage plans. 13. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the "Generalized Land Use Map" as "Commercial". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK/ (CUP -00-018) - 7 1-1 and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use PlanningAct of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67 - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK/ (CUP -00-018) - 8 6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter 1, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3 ) a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK/ (CUP -00-018) - 9 f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in a General Retail and Service Commercial District (C -G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK/ (CUP -00-018) - 10 approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THEABOVEAND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK/ (CUP -00-018) - 11 high-tech manufacturing facility, subject to the following conditions of use and development: 1.1 Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance Section 11-13-4 and/or as detailed in site-specific requirements, and in accordance with Americans with Disabilities Act (ADA) requirements. 1.2 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. 1.3 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 1.4 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. 1.5 . All construction shall conform to the requirements of the Americans with Disabilities Act. 1.6 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 over payment of assessments and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 1.7 As part of a conditional use permit, the City of Meridian may impose restrictions and conditions in addition to current City Ordinances. 1.8 Applicant shall coordinate the location and construction requirements of the required trash enclosure with Meridian Sanitary Service, Inc., and shall FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK/ (CUP -00-018) - 12 provide a letter of approval from their office when applying for a Certificate of Zoning Compliance. 1.9 Submit a letter of plan approval from Ada County Highway District when applying for a Certificate of Zoning Compliance. 1.10 All required deciduous trees are to be a minimum of 3" caliper at the time of planting; any conifer trees are to be a minimum of 6-8" at planting. 1.11. Applicant shall be required to landscape southern boundary if the adjacent property is not purchased by the Applicant. 1.12 Dedicate 45 -feet of right-of-way from the ultimate street centerline of Franklin Road abutting the parcel (20 additional feet) by means of recordation of the final subdivision plat or prior to issuance of a building permit (or other required permits), whichever occurs first. 1.13 Provide a $2,023.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 238 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. 1.14 If the site is developed prior to the District improving Franklin Road, Applicant shall construct a left -turn deceleration lane on Franklin Road at SW 5th Street having 50 -feet of storage and a 40 to 1 taper. 1.15 Provide a $425.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Meridian Road abutting the parcel (50 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. 1.16 If the site is developed prior to the District improving Meridian Road, Applicant shall construct a left -turn lane on Meridian Road at Pennwood Street having 50 -feet of storage with a 40 to 1 taper. 1.17 Construct all internal streets to a 41 -foot street section with 5 -foot wide sidewalks within a 58 -foot right-of-way. 1.18 Barrett Street and Pennwood Street shall be constructed with an ACHD acceptable turnaround improved with pavement, standard vertical curb and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK/ (CUP -00-018) - 13 gutter. Depending on the design of the turnaround, "no parking" signs shall be required as determined by Traffic Services staff. 1.19 SW 3rd Street shall be extended from Fulmer Street to the site's northern property line. 1.20 SW 5th Street shall be extended to the south boundary of the site with a temporary easement for a paved turnaround. 1.21 SW 3rd Street shall be extended to the south boundary of the site with a temporary easement for a paved turnaround. 1.22 Access to SW 5th Street shall be restricted for a minimum of 175 -feet south of the future back of curb on Franklin Road. 1.23 Driveways shall be a maximum of 30 -feet wide with a minimum offset between driveways or from street intersections of 50 -feet as measured near edge to near edge. 1.24 Applicant shall have a notation on the final plat that states, "Direct lot or parcel access to Franklin Road is prohibited." 1.25 Align SW 5th Street with the main entrance to Hoff's (approximately 160 - feet to the east) on the north side of Franklin Road. The centerlines of SW 5th Street and the Hoffs driveway shall be located a maximum of 5 -feet apart. 1.26 Provide a cross access easement to the abutting parcel at the southwest corner of Franklin Road and SW 5th Street. 1.27 Construct a roadway in the existing easement from SW 3rd Street to Meridian Road. This roadway shall be a minimum of 29 -foot width. Curb, gutter and sidewalk are not required. The District shall delete the requirement for this roadway once SW 5th Street and SW 3rd Street are connected to Corporate Drive. 1.28 Conduct a traffic signal warrant analysis for the Franklin Road/SW 5th Street intersection, prior to approval of the final plat of the last phase. If a traffic signal is warranted, Applicant shall deposit $75,000 to the Public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK/ (CUP -00-018) - 14 n Rights -of -Way Road Trust Fund for the cost of a traffic signal prior to final plat approval of the last phase. 1.29 Restrictions on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. 1.30 Requires all laterals and wasteways be protected. 1.31 All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa &. Meridian Irrigation District shall review drainage plans. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK/ (CUP -00-018) - 15 decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. BY action of the City ` Council at its regular meeting held on the � day of , 2000. ROLL CALL: COUNCILMAN RON ANDERSON VOTED COUNCILPERSON KEITH BIRD VOTED COUNCILMAN TAMMY deWEERD VOTED COUNCILMAN CHERIE McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: S 6 '00 MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. \4\M1M1�.lIdlt+ilJJr,, j/ /0"OF. 3. By: tec _ rty Clerk ` SEAL - msg/ZAWorkVv\Meridian 15360NI\Troutner Busiirssl PFindings� '37- i s' • y'JJtJJldiiiFM1E4M1144\ �6 0 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK/ (CUP -00-018) - 16 BEFORE THE MERIDIAN CITY COUNCIL 05-09-00 IN THE MATTER OF THE APPLICATION OF ) CASE NO. CUP -00-018 JOSEPH D. AND STACEY HEILI(ER, FOR A ) CONDITIONAL USE PERMIT FOR A HIGH- ) ORDER OF TECH MANUFACTURING FACILITY IN THE ) CONDITIONAL TROUTNER BUSINESS PARK WHICH IS IN ) APPROVAL OF AN G -G ZONE, LOCATED AT THE SOUTH- ) CONDITIONAL USE EAST CORNER OF W. PENNWOOD AVENUE) PERMIT AND S. WEST 5TH AVENUE, MERIDIAN, ) IDAHO ) This matter coming before the City Council on the 2nd day of May, 2000, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant of the property is granted a conditional use permit for the proposed application request of a conditional use permit for the construction, development, maintenance and use for a high-tech manufacturing facility, as described in the SITE PLAN, Dated: 02/17/00, DRAWN BY: GRB, CHECKED: GRB, JOB NO. 98/3, SHEET NUMBER A-0.1, GEORGE R. BLECHA, AIA, ARCHITECTURE AND PLANNING, and JOSEPH D. AND STACEY HEILKER, Developers, and, for the development of the aforementioned high-tech manufacturing facility and which property is described as: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 7 BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK / CUP -00-018 A parcel of land lying within the northeast 1/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, Meridian City, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the northeast corner of said Section 13; thence West along the north line of said section and the centerline of Franklin Road, a distance of 1328.20 feet to a brass cap monument marking the East 1/16th corner of said Section 13; thence continuing West along said section line, a distance of 362.70 feet to the real point of beginning; thence South 00 degree 08'25" West a distance of 613.70 feet; thence North 72 degrees 09'35" West a distance of 316.95 feet to the East boundary of Franklin Square Subdivision as recorded in Book 44 of Plats at Pages 5587 SL 5588; thence South 00 degree 08'58" West along said East boundary a distance of 1363.46 feet; thence South 85 degrees 41' 00" East a distance of 147.41 feet to an iron pin; thence North 79 degrees 55'00" East a distance of 523.48 feet; thence North 00 degree 13' 31" East a distance of 142.00 feet; thence North 89 degrees 52' 13" East a distance of 790.35 feet to an iron pin; thence North 00 degree 23' 12" East a distance of 329.06 feet to an iron pin; thence North 89 degrees 56' 06" West a distance of 128.95 feet to an iron pin; thence North 00 degree 18'07" East a distance of 663.29 feet; thence North 89 degrees 58' 05" West a distance of 663.21 feet; thence ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 7 BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK / CUP -00-018 North 00 degree 13' 31" East a distance of 3 49.7 6 feet; thence West a distance of 123.99 feet; thence North 00 degree 13'48" East a distance of 313.10 feet; thence West a distance of 238.73 feet to the real point of beginning. Except that portion lying within Franklin Road right-of-way. Together with A perpetual non-exclusive easement for ingress and egress being 50 feet in width and lying North of the following described property; A portion of the Northeast quarter of the Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the East quarter corner of said Section 13; thence North 0 degree 22' 35" East 1107.00 feet along the easterly boundary of said Section 13; to the real point of beginning; thence 89 degrees 55' 45" West 533.12 feet. 2. That the above named applicant is granted a conditional use permit for the high-tech manufacturing facility, located at the southeast corner of W. Pennwood Avenue and S. West 5`h Avenue in the Troutner Business Park, Meridian, Idaho, subject to the following conditions of use and development: 2.1 Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance Section 11-13-4 and/or as detailed in site-specific requirements, and in accordance with Americans with Disabilities Act (ADA) requirements. 2.2 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. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 7 BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK I CUP -00-018 2.3 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 2.4 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 2.5 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.6 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 over payment of assessments and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 2.7 As part of a conditional use permit, the City of Meridian may impose restrictions and conditions in addition to current City Ordinances. 2.8 Applicant shall coordinate the location and construction requirements of the required trash enclosure with Meridian Sanitary Service, Inc., and shall provide a letter of approval from their office when applying for a Certificate of Zoning Compliance. 2.9 Submit a letter of plan approval from Ada County Highway District when applying for a Certificate of Zoning Compliance. 2.10 All required deciduous trees are to be a minimum of 3" caliper at the time of planting; any conifer trees are to be a minimum of 6-8" at planting. 2.11 Applicant shall be required to landscape southern boundary if the adjacent property is not purchased by the Applicant. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 7 BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK / CUP -00-018 2.12 Dedicate 45 -feet of right-of-way from the ultimate street centerline of Franklin Road abutting the parcel (20 additional feet) by means of recordation of the final subdivision plat or prior to issuance of a building permit (or other required permits), whichever occurs first. 2.13 Provide a $2,023.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 238 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. 2.14 If the site is developed prior to the District improving Franklin Road, Applicant shall construct a left -turn deceleration lane on Franklin Road at SW 5th Street having 50 -feet of storage and a 40 to 1 taper. 2.15 Provide a $425.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Meridian Road abutting the parcel (50 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. 2.16 If the site is developed prior to the District improving Meridian Road, Applicant shall construct a left -turn lane on Meridian Road at Pennwood Street having 50 -feet of storage with a 40 to 1 taper. 2.17 Construct all internal streets to a 41 -foot street section with 5 -foot wide sidewalks within a 58 -foot right-of-way. 2.18 Barrett Street and Pennwood Street shall be constructed with an ACHD acceptable turnaround improved with pavement, standard vertical curb and gutter. Depending on the design of the turnaround, "no parking" signs shall be required as determined by Traffic Services staff. 2.19 SW 3rd Street shall be extended from Fulmer Street to the site's northern property line. 2.20 SW 5th Street shall be extended to the south boundary of the site with a temporary easement for a paved turnaround. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 7 BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK / CUP -00-018 2.21 SW 3rd Street shall be extended to the south boundary of the site with a temporary easement for a paved turnaround. 2.22 Access to SW 5th Street shall be restricted for a minimum of 175 -feet south of the future back of curb on Franklin Road. 2.23 Driveways shall be a maximum of 30 -feet wide with a minimum offset between driveways or from street intersections of 50 -feet as measured near edge to near edge. 2.24 Applicant shall have a notation on the final plat that states, "Direct lot or parcel access to Franklin Road is prohibited." 2.25 Align SW 5th Street with the main entrance to Hoff's (approximately 160 -feet to the east) on the north side of Franklin Road. The centerlines of SW 5th Street and the Hoff's driveway shall be located a maximum of 5 -feet apart. 2.26 Provide a cross access easement to the abutting parcel at the southwest corner of Franklin Road and SW 5th Street. 2.27 Construct a roadway in the existing easement from SW 3rd Street to Meridian Road. This roadway shall be a minimum of 29 -foot width. Curb, gutter and sidewalk are not required. The District shall delete the requirement for this roadway once SW 5th Street and SW 3rd Street are connected to Corporate Drive. 2.28 Conduct a traffic signal warrant analysis for the Franklin Road/SW 5th Street intersection, prior to approval of the final plat of the last phase. If a traffic signal is warranted, Applicant shall deposit $75,000 to the Public Rights -of - Way Road Trust Fund for the cost of a traffic signal prior to final plat approval of the last phase. 2.29 Restrictions on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. 2.30 Requires all laterals and wasteways be protected. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 6 OF 7 BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK / CUP -00-018 2.31 All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District shall review drainage plans. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the bday of � 111 - r i Rob D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: Dated: ity Cleric msg/Z:\Work\M\Meridian 15360M\Troutner Business Park\CUPOrder HPAL p ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 7 OF 7 BY JOSEPH HEILKER FOR TROUTNER BUSINESS PARK / CUP -00-018 May 11, 2000 CUP 00-018 MERIDIAN CITY COUNCIL MEETING May 16, 2000 APPLICANT Joseph Heilker ITEM NO. L_ REQUEST Conditional Use Permit for proposed 10,000 s.f. lease building in a C -G zone on vacant Lot 5, Block 2 of Troutner Business Park 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: 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 attached plats — 01 ; See attached Findings Materials presented at public meetings shall become property of the City of Meridian. interoffice MEMORANDUM PGEWFAID To: William G. Berg, J. MAY 1 1 2000 From: William F. Nichols G, rft OF ME Subject: TROUTNER BUS SS PARK File No.: CUP -00-018 Date: April 10, 2000 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS, pursuant to action of the Council at their May 2, 2000, meeting. The Findings will be on the Council's agenda for their May 16, 2000, meeting. I have also attached the original of the ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT, if the Council approves the FINDINGS. Please serve copies of both documents upon the Applicant and appropriate departments. If you have any questions please advise. msg/ZAWork\M\Meridian 15360M\Troutner Business Par1-\C1kLtrCUPffds&0rder Meridian Planning and April 11, 2000 Page 60 ling Commission Meeting MOTION CARRIED: ALL AYES Brown: I would move approval of the vacation of the public utilities easement by Ron C. Nahas and Rafanelli Nahas for lots 12-15 Central Valley Corporate Park No. 5, subject to the applicant providing staff with evidence that they've got petitions from easement holders including irrigation. If they don't provide those evidences then those easements will stay in effect and a partial vacation will take place. Hatcher: I second the motion. Borup: Any discussion. Norton: Is there any way that we can add a little bit of language that these people still owe a little bit of money. They have not paid their entire amount. Looks like they owe $20.76. Part of the application fee. Can we include that they pay that. Hawkins Clark: I believe that was—it should have been before it came on but you can certainly add that as a condition. We will take care of that. Norton: Ordinarily you would have taken care of the money. Hawkins Clark: Right, we usually do. Borup: All in favor. MOTION CARRIED: ALL AYES 15. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR VACANT LOT CURRENTLY ZONED CG FOR PROPOSED 10,000 SQUARE FOOT LEASE BUILDING BY JOSEPH D. HEILKER—TROUTNER BUSINESS PARK: Borup: I'd like to open the public hearing and start with staff comments. Brad. Hawkins Clark: This application is requesting –it is currently a vacant lot and it is zoned C -G, commercial general. They are proposing to construct a lease building approximately 10,000 square feet on the parcel on the southeast corner of southwest 5th and Penwood within the Troutner Business Park Subdivisions. Currently all platted. You should have received comments from Shari Stiles and Bruce Freckleton dated April 7th. The applicant is here and they can address in terms of their intentions for the facility's conditional use. There is a little bit of a strange bird in that typically you would not see an office warehouse building in a CG since their permitted outright. Because of the nature of the lease, staff felt that it should come before you as a conditional use permit. We feel that the intentions as stated in the applicants application are clear enough and we do have some recommendations which are pretty standard for our Meridian Planning and iing Commission Meeting April 11, 2000 Page 61 conditional use permits. We do recommend approval provided that the commission makes a finding that these be harmonious with the surrounding area based on the applicants testimony tonight. If you will note that there was a letter submitted that they are anxious to get this approved tonight. They do have some pending issues on their financial. Borup: Any questions for Brad. Was there any concern that it would not be compatible with the surrounding area. Hawkins Clark: No, there wasn't. More of a caveat given the lease nature of it in term of some uses do require a conditional use of course in the CG zone. There was elevations submitted and this is again the site photo here of the lot. As you can see, they posted their property. Borup: Okay, is the applicant here and like to come forward. Bleaka: Chairman Borup, members of the commission, my name is George Bleaka. I reside at 507 Hillview Drive, Boise Id. I am the project architect for Joe and Stacey Heilker. I am hear to answer any questions that you may wish to address. Borup: Trying to make this short. The staff had 12 conditions of approval. Does any of those items you in disagreement with? Bleaka: None what so ever. I might explain to you the nature of this building since it is kind of obscured. We had discussed with Planning and Zoning a number of way of how to submit this and to basically execute it through it process through Planning and Zoning so we submitted it as a generic building, a lease building for the owners who are present here this evening. The actual building purpose is a high tech machining processing facility. It is very clean in its environment and noise and or pollution chemically. We believe it fits very well with the nature of the park. The only thing is, is that is just was not properly listed in your zoning ordinance, which I believe that will be corrected in your one to come. Borup: Any questions for Mr. Bleaka? Norton: Number 11 of the staff comments suggests that the applicant should come to the public hearing prepared to address hours of operation, number of employees and noise generation. Are you prepared to discuss that. Bleaka: I can address close to the amount of employees would be a 12 in the actual manufacturing area and there is probably a half of dozen in the administrative area. There are offices and a shop area. The offices are about 2400 square feet and the balance is a shop which is about 7500. As far as noise, there should be none, as I had mentioned previously. Hours of operation are 8 to 6:30, about 9-1/2 hours. Meridian Planning and , ning Commission Meeting April 11, 2000 Page 62 Norton: Aero -Tech? What are you manufacturing? Bleaka: They are a manufacturer of very high tolerant parts for lets say, Micron. These are not computer parts. These are conveyor parts that are broken or they may be parts that they use in manufacturing various sundrie items for their use. Heilker: My name is Joe Heilker, 2491 N. Turnberry Way in Meridian. Aero -Tech is basically and I am the president of the company. What we do there is, companies like Micron or SCP Global Technology all have engineering that does their research and development. They develop new products that actually work on the new wafers and chips that they develop. When they make a new piece of equipment, they have to design it. When they design it, they send up the blueprints, we make the parts for that equipment and send it over to them. Once they have proofed it out then we can run the parts. Basically we make just about anything that they want. They send the prints over and then request we quote on them. If they like the price, because there is probably 30 machine shops in this area that do this, basically we get the job. Norton: Are you similar to Semi -Tool up in Kallispell? Heilker: I'd say that Semi -Tool does have a process inside in-house that does what we do, but they also since they can't handle there is so much volume of what they do, they can't handle it themselves, they have to sub it out. We end up receiving that kind of work that comes in. The overflow like from Micron. Micron has a small machine shop and they just can't handle the volume that is coming through. We basically provide a service and like a support group for most of the high tech companies in this area. Borup: Any thing else. Thank you sir. Do we have anyone from the public who would like to testify? Commissioner's. Norton: I'd like to close the public hearing. Brown: Second. Borup: All in favor MOTION CARRIED: ALL AYES Norton: I move to approve the request for the conditional use permit for the vacant lot currently zoned CG for proposed 10,000 square foot lease building by Joseph D. Heilker in the Troutner Business Park to also include all of staff comments. Brown: Second. Borup: All in favor Theldaho Statesman City of Meridian P.O. Box 40, Boise, Idaho 83707-0040 APPt ! Lq LEGAL ADVERTISING PROOF OF PUBLICATIO ¢ Identification Amount: - Dept, Account # DTI# NOTICE IS HEREBY GIVEN pursuant Clerk of The Idaho Statesman, a daily newspaper printed and published at a the Ordinances of the City of Meridian and the Laws of the State of Idaho, that ! 064514 218756 PUBLIC HEARING - HEILKER hearing at the Meridian City Hall, 33 East $46.20 Ordered by: P.O. # Rate Run Dates SHELBY was published in The Idaho Statesman, in conformity with Section 60-108, NT MAR. 24, APR. 7, 2000 CITY OF MERIDIAN Number of Lines 33 EAST IDAHO STREET Street, and is available for inspection dur- 30 Affidavit Legal # MERIDIAN, IDAHO 83642 Insertion(s) and the public Is welcome and Invited to 1 6719 LEGAL NOTICE PUBLIC HEARING JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal NOTICE IS HEREBY GIVEN pursuant Clerk of The Idaho Statesman, a daily newspaper printed and published at a the Ordinances of the City of Meridian and the Laws of the State of Idaho, that ! Boise, Ada Count State of Idaho, and having a general circulation therein, and Y� 9 the Planning and Zoning Commission of the City of Meridian will hold a public which said newspaper has been continuously and uninterruptedly published in hearing at the Meridian City Hall, 33 East said County during a period of twelve consecutive months prior to the first Idaho Street, Meridian, Idaho at the hour of 7:00 p.m. on April 11, 2000 for the pur- publication of the notice, a copy of which is attached hereto: that said notice pose of reviewing and considering the application of Joseph D. Heilker for a con- was published in The Idaho Statesman, in conformity with Section 60-108, ditional use permit for a vacant lot for Proposed 10,000 square foot lease building. Idaho Code, as amended for: TWO A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho consecutive weekly =single Street, and is available for inspection dur- ing regular business hours. A copy of the application Is availableconsecutive daily odd skip upon request. Any and all interested per- sons shall be heard at said public hearing Insertion(s) and the public Is welcome and Invited to submit testimony. beginning with the issue of: MARCH 2 4 , 2000 DATED this 16th day of March, 2000 WILLIAM G. BERG, JR., CITY CLERK and ending with the issue of: APRIL 7 2000 Pub. Mar. 24, Apr. 7, 2000 6719 STATE OF IDAHO ) )ss COUNTY OF ADA On this 7 day of APRIL in the year of 2000 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the state- ments therein are true, and acknowledged to me that she executed the same. /p ` rim Ct'l �- Notary Public for Idaho Residing at: Boise, Idaho '%WoINNn.,,,•a My Commission expires: ���„(_ ��%� �,�` GLI;` ••i, s ACV � • , 4 I e • { • • I G • :* PUGoo B'S F' +I, ••••••ua••04� 0�,, .,+•• TA T E C, i ,1,,,,. ••8•....fiPA,,., April 27, 2000 CUP 00-018 MERIDIAN CITY COUNCIL MEETING May 2, 2000 APPLICANT Joseph Heilker ITEM NO. REQUEST Conditional Use Permit for proposed 10,000 s.f. lease building in a C -G zone on vacant Lot 5, Block 2 of Troutner Business Park AGENCY COMMENTS 16111, 00MK4 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: 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: See attached Recommendations Materials presented at public meetings shall become property of the City of Meridian. klk4,, j� April 27, 2000 RECEIVED To: Staff APR 2 8 2000 Applicant City of Meridian Affected Property Owner(s) City Clerk Office Re: Application Case No. CUP -00-018 Hearing Date: May 2, 2000 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 Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, 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: That you take time to carefullyreview the Findings and Recommendations of the Planning and Zoning ommission, and be prepared to state your position on this application by addressingg the Findings and Recommendations of the Planning and Zoning C ommission; and That you careful �isagree complete (be sure it is legible) the Position Statement if you 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 thatyou prepare 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 (8) copies. The copies will be Cresented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the ity Attorney. Ifou are a part of a group, . is stropgl recommended that one Position Statement be filledoutfor the group, which can be signed -by the representative for the group. Very truly you s, rty Att rney's ffice WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER200 EAST CARLTON AVENUE NAMPA OFFICE Wm. F. GIGRAY, III BRENT J. JOHNSON POST OFFICE BOX 1150 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 D. SAMUEL JOHNSON MERIDIAN, IDAHO 83680-1150 NAMPA, IDAHO 83653-0247 WILLIAM A. RRw 466-9272 TEL.(208) WILLIAM F. NI� OLS TEL (208) 288-2499 FAX 466-4405 CHRISTOPHER S. NYE FAX (208) 288-2501 PHILIP A. PETERSON PLEASE REPLY TO STEPHEN L. PRUSS MERIDIAN OFFICE ERIC S. ROSSMAN TODD A. ROSSMAN DAVID M. SWARTLEY TERRENCER. WHITE April 27, 2000 RECEIVED To: Staff APR 2 8 2000 Applicant City of Meridian Affected Property Owner(s) City Clerk Office Re: Application Case No. CUP -00-018 Hearing Date: May 2, 2000 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 Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, 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: That you take time to carefullyreview the Findings and Recommendations of the Planning and Zoning ommission, and be prepared to state your position on this application by addressingg the Findings and Recommendations of the Planning and Zoning C ommission; and That you careful �isagree complete (be sure it is legible) the Position Statement if you 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 thatyou prepare 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 (8) copies. The copies will be Cresented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the ity Attorney. Ifou are a part of a group, . is stropgl recommended that one Position Statement be filledoutfor the group, which can be signed -by the representative for the group. Very truly you s, rty Att rney's ffice BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR HIGH-TECH MANUFACTURING FACILITY/MACHINE SHOP IN C -G ZONE JOSEPH D. & STACEY HEILKER Applicant Case No. CUP -00-018 RECOMMENDATION TO CITY COUNCIL 1. The property is located at the southeast corner of W. Pennwood Avenue and S. West 5th Avenue in the Troutner Business Park, Meridian, Idaho. 2. The owner of record of the subject property is James H. Ballantyne of Boise, Idaho. 3. Applicant is Joseph D. Heilker and Stacey Heilker of Meridian. 4. The subject property is currently zoned C -G. The zoning district of C -G is defined within the City of Meridian Zoning and Development Ordinance, Section 5. The proposed application requests a conditional use permit for a high- tech manufacturing facility. The C -G zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT — HIGH TECH MANUFACTURING FACILITY/MACHINE SHOP IN C -G ZONE — JOSEPH & STACEY HEILI(ER for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested by the applicant, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.1 Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance Section 11-13-4 and/or as detailed in site-specific requirements, and in accordance with Americans with Disabilities Act (ADA) requirements. 1.2 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. 1.3 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 1.4 A drainage plan designed by a State of Idaho licensed architect or RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT — HIGH TECH MANUFACTURING FACILITY/MACHINE SHOP IN C -G ZONE — JOSEPH & STACEY HEILKER 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. 1.5 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.6 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 over payment of assessments and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 1.7 As part of a conditional use permit, the City of Meridian may impose restrictions and conditions in addition to current City Ordinances. 1.8 Applicant shall coordinate the location and construction requirements of the required trash enclosure with Meridian Sanitary Service, Inc., and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance. 1.9 Submit a letter of plan approval from Ada County Highway District when applying for a Certificate of Zoning Compliance. 1.10 All required deciduous trees are to be a minimum of 3" caliper at the time of planting; any conifer trees are to be a minimum of 6-8" at planting. 1.11 Applicant should come to the public hearing prepared to address hours of operation. number of employees, and noise generation. 1.12 Applicant will be required to landscape southern boundary if the RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT — HIGH TECH MANUFACTURING FACILITY/MACHINE SHOP IN C -G ZONE — JOSEPH & STACEY HEILKER follows: adjacent property is not purchased by the Applicant. Adopt the Recommendations of the Ada County Highway District as 1.13 Dedicate 45 -feet of right-of-way from the ultimate street centerline of Franklin Road abutting the parcel (20 additional feet) by means of recordation of the final subdivision plat or prior to issuance of a building permit (or other required permits), whichever occurs first. 1.14 Provide a $2,023.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 238 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. 1.15 If the site is developed prior to the District improving Franklin Road, construct a left -turn deceleration lane on Franklin Road at SW 5th Street having 50 -feet of storage and a 40 to 1 taper. 1.16 Provide a $425.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Meridian Road abutting the parcel (50 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. 1.17 If the site is developed prior to the District improving Meridian Road, construct a left -turn lane on Meridian Road at Pennwood Street having 50 -feet of storage with a 40 to 1 taper. 1.18 Construct all internal streets to a 41 -foot street section with 5 -foot wide sidewalks within a 58 -foot right-of-way. 1.19 Barrett Street and Pennwood Street shall be constructed with an ACHD acceptable turnaround improved with pavement, standard vertical curb and gutter. Depending on the design of the turnaround, "no parking" signs may be required as determined by Traffic Services staff. RECOMMENDATION TO CITY COUNCIL - 4 CONDITIONAL USE PERMIT — HIGH TECH MANUFACTURING FACILITY/MACHINE SHOP IN C -G ZONE — JOSEPH & STACEY HEILKER 1.20 SW 3rd Street shall be extended from Fulmer Street to the site's northern property line. 1.21 SW 5th Street shall be extended to the south boundary of the site with a temporary easement for a paved turnaround. 1.22 SW 3rd Street shall be extended to the south boundary of the site with a temporary easement for a paved turnaround. 1.23 Access to SW 5th Street shall be restricted for a minimum of 175 - feet south of the future back of curb on Franklin Road. 1.24 Driveways shall be a maximum of 30 -feet wide with a minimum offset between driveways or from street intersections of 50 -feet as measured near edge to near edge. 1.25 Place a note on the final plat that states, "Direct lot or parcel access to Franklin Road is prohibited." 1.26 Align SW 5th Street with the main entrance to Hoff's (approximately 160 -feet to the east) on the north side of Franklin Road. The centerlines of SW 5th Street and the Hoff s driveway may be located a maximum of 5 -feet apart. 1.27 Provide a cross access easement to the abutting parcel at the southwest corner of Franklin Road and SW 5th Street. 1.28 Construct a roadway in the existing easement from SW 3rd Street to Meridian Road. This roadway should be a minimum of 29 -foot width. Curb, gutter and sidewalk are not required. The District will delete the requirement for this roadway once SW 5th Street and SW 3rd Street are connected to Corporate Drive. 1.29 Conduct a traffic signal warrant analysis for the Franklin Road/SW 5th Street intersection, prior to approval of the final plat of the last phase. If a traffic signal is warranted, deposit $75,000 to the Public Rights -of -Way Road Trust Fund for the cost of a traffic signal RECOMMENDATION TO CITY COUNCIL - 5 CONDITIONAL USE PERMIT — HIGH TECH MANUFACTURING FACILITY/MACHINE SHOP IN C -G ZONE — JOSEPH & STACEY HEILKER prior to final plat approval of the last phase. 1.30 Restrictions on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. Adopt the Recommendations of the Nampa Meridian Irrigation District as follows: 1.31 Requires all laterals and wasteways be protected. 1.32 All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. RECOMMENDATION TO CITY COUNCIL - 6 CONDITIONAL USE PERMIT — HIGH TECH MANUFACTURING FACILITY/MACHINE SHOP IN C -G ZONE — JOSEPH & STACEY HEILKER Ey/ZAWork\M\Meridian 15360M\Recommendations\HeilkerCUPRec.wpd ** TX CONFIRMATION REPORT ** DATE TIME TO/FROM 09 05/01 e9:30 2083314567 April 27, 2000 AS OF MAY 01 '00 09:32 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD4 STATUS EC --S 02111" 008 234 OK CUP 00-018 MERIDIAN CITY COUNCIL MEETING May 2, 2000 APPLICANT Joseph Heilker ITEM NO. Q REQUEST Conditional Use Permit for proposed 10,000 s.f lease building in a C G zone on vacant Lot 5, Block 2 of Troutner Business Park AGENCY COMMENTS 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: 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: See attached Recommendations Moterials presented of pvbGc meetings shop become property of the City of Meridian. April 27, 2000 CUP 00-018 MERIDIAN CITY COUNCIL MEETING May 2, 2000 APPLICANT Joseph Heilker ITEM NO. 13, REQUEST Conditional Use Permit for proposed 10,000 s.f. lease building in a C -G zone on vacant Lot 5, Block 2 of Troutner Business Park 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: 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 attached Recommendations Materials presented at public meetings shall become property of the City of Meridian. WHITE, PETERSON, PRUSS? MORROW & GIGRAY, ATTORNEYS P.A. AT LAW JULIE KLEIN FISCHER 200 EAST CARLTON AVENUE F. OHNS III NAMPA OFFICE BRE J. BRENT U JOHNSON POST OFFICE BOX 1150 -1 D. SAMUEL JOHNSON MERIDIAN, IDAHO 83680-i I50 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 WILLIAM A. MORROW WILLIAM F. NICHOLS NAMPA, IDAHO 83653-0247 TEL. (208) 466-9272 CHRISTOPHER S. NYE TEL (208) 288-2499 PHILIP A. PETERSON FAX (208) 288-2501 FAX (208) 466-4405 STEPHEN L. PRUSS ERIC S.SMAN PLEASE REPLY TO TODD A.. ROSSMAN MERIDIAN OFFICE DAVID M. SWARTLEY TERRENCE R. WHITE April 2 7, 2000 RECEIVED To: Staff APR 2 3 2000 Applicant Affected Property Owner(s) City of Meridian City Clerk Office Re: plication Case No. CUP -00-018 Waring Date: My -2,2000 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 Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, 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: That you take time to carefullyreview the Findings and Recommendations of the Planning and Zoning ommission, and be prepared to state your position on this application by addressin the Findings and Recommendations of the Planning and Zoning commission; and 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 pprepare 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 (8) copies. The copies will be presented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the City Attorney. Ifou are a part of a group, it is stron 1y recommended that one Position Statement be filledoutfor the group, which can be Signe§ by the representative for the group. Very truly yours, Pitytt rney's ffice BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR HIGH-TECH MANUFACTURING FACILITY/MACHINE SHOP IN C -G ZONE JOSEPH D. Sz STACEY HEILKER Applicant Case No.CUP-00-018 RECOMMENDATION TO CITY COUNCIL 1. The property is located at the southeast corner of W. Pennwood Avenue and S. West 5th Avenue in the Troutner Business Park, Meridian, Idaho. 2. The owner of record of the subject property is James H. Ballantyne of Boise, Idaho. 3. Applicant is Joseph D. Heilker and Stacey Heilker of Meridian. 4. The subject property is currently zoned C -G. The zoning district of C -G is defined within the City of Meridian Zoning and Development Ordinance, Section 5. The proposed application requests a conditional use permit for a high- tech manufacturing facility. The C -G zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT — HIGH TECH MANUFACTURING FACILITY/MACHINE SHOP IN C -G ZONE — JOSEPH S& STACEY HEILI(ER for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested by the applicant, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.1 Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance Section 11-13-4 and/or as detailed in site-specific requirements, and in accordance with Americans with Disabilities Act (ADA) requirements. 1.2 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. 1.3 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 1.4 A drainage plan designed by a State of Idaho licensed architect or RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT — HIGH TECH MANUFACTURING FACILITY/MACHINE SHOP IN C -G ZONE — JOSEPH & STACEY HEILKER 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. 1.5 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.6 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 over payment of assessments and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 1.7 As part of a conditional use permit, the City of Meridian may impose restrictions and conditions in addition to current City Ordinances. 1.8 Applicant shall coordinate the location and construction requirements of the required trash enclosure with Meridian Sanitary Service, Inc., and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance. 1.9 Submit a letter of plan approval from Ada County Highway District when applying for a Certificate of Zoning Compliance. 1.10 All required deciduous trees are to be a minimum of 3" caliper at the time of planting; any conifer trees are to be a minimum of 6-8" at planting. 1.11 Applicant should come to the public hearing prepared to address hours of operation. number of employees, and noise generation. 1.12 Applicant will be required to landscape southern boundary if the RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT — HIGH TECH MANUFACTURING FACILITY/MACHINE SHOP IN C -G ZONE — JOSEPH & STACEY HEILKER adjacent property is not purchased by the Applicant. Adopt the Recommendations of the Ada County Highway District as follows: 1.13 Dedicate 45 -feet of right-of-way from the ultimate street centerline of Franklin Road abutting the parcel (20 additional feet) by means of recordation of the final subdivision plat or prior to issuance of a building permit (or other required permits), whichever occurs first. 1.14 Provide a$ 2,02 3 - 00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 238 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. 1.15 If the site is developed prior to the District improving Franklin Road, construct a left -turn deceleration lane on Franklin Road at SW 5th Street having 50 -feet of storage and a 40 to 1 taper. 1.16 Provide a $425.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Meridian Road abutting the parcel (50 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. 1.17 If the site is developed prior to the District improving Meridian Road, construct a left -turn lane on Meridian Road at Pennwood Street having 50 -feet of storage with a 40 to 1 taper. 1.18 Construct all internal streets to a 41 -foot street section with 5 -foot wide sidewalks within a 58 -foot right-of-way. 1.19 Barrett Street and Pennwood Street shall be constructed with an ACHD acceptable turnaround improved with pavement, standard vertical curb and gutter. Depending on the design of the turnaround, "no parking" signs may be required as determined by Traffic Services staff. RECOMMENDATION TO CITY COUNCIL - 4 CONDITIONAL USE PERMIT — HIGH TECH MANUFACTURING FACILITY/MACHINE SHOP IN C -G ZONE — JOSEPH & STACEY HEILICER 1.20 SW 3rd Street shall be extended from Fulmer Street to the site's northern property line. 1.21 SW 5th Street shall be extended to the south boundary of the site with a temporary easement for a paved turnaround. 1.22 SW 3rd Street shall be extended to the south boundary of the site with a temporary easement for a paved turnaround. 1.23 Access to SW 5th Street shall be restricted for a minimum of 175 - feet south of the future back of curb on Franklin Road. 1.24 Driveways shall be a maximum of 30 -feet wide with a minimum offset between driveways or from street intersections of 50 -feet as measured near edge to near edge. 1.25 Place a note on the final plat that states, "Direct lot or parcel access to Franklin Road is prohibited." 1.26 Align SW 5th Street with the main entrance to Hoff's (approximately 160 -feet to the east) on the north side of Franklin Road. The centerlines of SW 5th Street and the Hoff s driveway may be located a maximum of 5 -feet apart. 1.27 Provide a cross access easement to the abutting parcel at the southwest corner of Franklin Road and SW 5th Street. 1.28 Construct a roadway in the existing easement from SW 3rd Street to Meridian Road. This roadway should be a minimum of 29 -foot width. Curb, gutter and sidewalk are not required. The District will delete the requirement for this roadway once SW 5th Street and SW 3rd Street are connected to Corporate Drive. 1.29 Conduct a traffic signal warrant analysis for the Franklin Road/SW 5th Street intersection, prior to approval of the final plat of the last phase. If a traffic signal is warranted, deposit $75,000 to the Public Rights -of -Way Road Trust Fund for the cost of a traffic signal RECOMMENDATION TO CITY COUNCIL - 5 CONDITIONAL USE PERMIT — HIGH TECH MANUFACTURING FACILITY/MACHINE SHOP IN C -G ZONE — JOSEPH & STACEY HEILKER prior to final plat approval of the last phase. 1.30 Restrictions on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. Adopt the Recommendations of the Nampa Meridian Irrigation District as follows: 1.31 Requires all laterals and wasteways be protected. 1.32 All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa Sz Meridian Irrigation District must review drainage plans. RECOMMENDATION TO CITY COUNCIL - 6 CONDITIONAL USE PERMIT — HIGH TECH MANUFACTURING FACILITY/MACHINE SHOP IN C -G ZONE — JOSEPH & STACEY HEILKER Ey/ZAWork\M\Meridian 15360M\Recommendations\HeilkerCUPRec.wpd MERIDIAN PLANNING & ZONING MEETING: Aril 11 2000 APPLICANT: JOSEPH I HEILKER ITEM NUMBER: 15 REQUEST: -- COMMENTS AGENCY CITY CLERK: CITY ENGINEER: �� scccm PW6��L CITY PLANNING & ZONING DEPT. COMMENTS COMING l 0, C CITY ATTORNEY: �n ' CITY POLICE DEPT: wn CITY FIRE DEPT: SEE ATTACHED I O r n r - CITY BUILDING DEPT: CITY WASTE WATER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: --_ --- - _ - MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE COMMENTS R � ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEE COMMENTS + SETTLERS IRRIGATION: IDAHO POWER: W US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: SEE COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 -Fax 288-2501 CITY OF MERIDIAN PUBLIC WORKS RTMENT 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 BUILDING DEPA C 1i41 ( 887-2211 • Fax 887-1297 p' -+� 1 . MAR q PLANNING AND ZONING MAR 2 0 2P" DEPARTMENT (208) 884-5533 - Fax 888-6854 City of Aleridian amity Clerk Offici 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 24, 2000 TRANSMITTAL DATE: March 6, 2000 HEARING DATE: April 11, 2000 FILE NUMBER-:— CUP -00-018 REQUEST: CONDITIONAL USE PERMIT FOR VACANT LOT CURRENTLY ZONED C -G FOR PROPOSED 10,000 SF LEASE BUILDING BY: JOSEPH D. HEILKER LOCATION OF PROPERTY OR PROJECT: TROUTNER BUSINESS PARK (SEE LEGAL ATTACHED) _ SALLY NORTON, P.Z. KENT BROWN, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, 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 S NITARY SERVICE UILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY CITY ENGINEER 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) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: 0, 0 O �i Rl LC.. Cc p E s � / ti a� � Awl /Jh�'k� /C/ a.�-- CITY PLANNER AJ.Z !� eProU4 , IDA n3otk'1/4�� Ada CoUntq,_.1Uiqkwaq .2)i6trict 318 East 37th Street Judy Peavey -Derr, President Garden City, Idaho 83714-6499 Dave Bivens, Vice President Phone (208) 387-6100 Marlyss Meyer, Secretary Sherry R. Huber, Commissioner Fax (208) 387-6391 E-mail: tellus@achd.ada.id.us Susan S. Eastlake, Commissioner March 22, 2000 TO: Joseph D. Heilker 2491 North Tumberry Way Meridian, ID 83642 SUBJECT: MCUP-00-018 TROUTNER BUSINESS PARK 443 WEST PENNWOOD STREET 7 c u/ MAR 2 8 2000 CI'T'Y OF YI&LIDIAN On May 1, 1996, the Ada County Highway District Commissioners acted on Ballantyne-Troutner Business Park MPP -2-96. The conditions and requirements also apply to MCUP-00-018. If you have any questions, please feel free to contact this office at (208) 387-6177. Sincerely, Steve Arnold Development Analyst Cc: Planning & Development/Chron/Project File Planning & Development Services --CITY OF MERIDIAN James H. Ballantyne 10250 Whispering Cliffs Drive Boise, ID 83704 George R. Blecha, AIA 507 Hillview Drive Boise, ID 83712 ADA COUNTY HIGHWAY DISTRICT Development Services Division Development Application Report Preliminary Plat - Ballantyne-Troutner Business Park Franklin Rd west of Meridian Road MPP -2-96, Meridian Ballantyne-Troutner Business Park is a 39 -lot commercial/office subdivision on 38 -acres. The site is located on the south side of Franklin Road approximately 1/4 -mile west of Meridian Road. This development is estimated to generate 5,900 additional vehicle trips per day (depending upon the final land uses) based on the Institute of Transportation Engineers Trip Generation manual. The Commission approved this project on April 3, 1996. The applicant submitted a revised access plan and the Commission voted to reconsider the issue during the April 10, 1996 Commission meeting. This staff report includes the revised access plan and new project requirements. Roads impacted by this development: Franklin Road Meridian Road ACHD Commission Date - May 1, 1996 - 12:00 p.m. ine 3 �f— SITE Fra n lin B rett Ful e H no er P U O 'D N � � U 4 E Overland s Facts and Findings: A. General Information C -G, L -O - Existing zoning 38 - Acres 39 - Proposed building lots 0 - Square feet of existing building 3,500 - Total lineal feet of proposed public streets (approx) 280 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Franklin Road Minor arterial with no pathway designation Traffic count 10,242 in 1990 238 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 90 -feet required right-of-way (45 -feet from centerline) Franklin Road is improved with 30 -feet of pavement with no curb, gutter or sidewalk. Meridian Road Collector street with bike route designation Traffic count 5,378 in 1993 50 -feet of frontage (easement only) 50 -feet existing right-of-way (25 -feet from centerline) No additional right-of-way required with this application due to the fact that there is no frontage on Meridian Road other than the easement. Meridian Road is improved with 24 -feet of pavement with no curb, gutter or sidewalk. B. The site is currently undeveloped. C. On July 6, 1994, the Commission acted on a request for a conditional use approval to construct and operate a 38 -acre mobile home park on this site. That application was not approved by the City of Meridian. On August 2, 1995, the Commission reviewed an annexation with rezone from R14 & RT to C -G & L -O (MA -1-95) to allow office and general commercial development on the site previously considered for a mobile home park. D. A traffic study has been submitted with this application. Staff has incorporated portions of the traffic study in this report. E. Access to the development is proposed by street connections to Franklin Road, Meridian Road and the future extension of Corporate Drive. The site has a 50 -foot wide by 533 -foot easement to Meridian Road located approximately 210 -feet south of Gem Street. The site BALLANTY Page 2 does not have any actual montage on Meridian Road. A street is proposed on this easement between Meridian Road and SW 3rd Street. Staff and the applicant agree that this stub street will not be needed once the internal street connection to Corporate Drive is completed. F. Two stub streets extend to the site's west boundary from Franklin Square Subdivision. The applicant proposes construct a hammer -head turnaround at the northern stub, Barrett Street and the southern stub, Pennwood Street. G. Two stub streets are proposed to the south boundary of the site and may intersect with an extension of Corporate Drive in the future. Corporate Drive extended west of Meridian Road was recently approved for inclusion in the Capitol Improvement Plan (CIP) by the Commission; however, it is not yet listed in the District's Five Year Work Program. H. The north -south internal street that connects to Franklin Road (SW 5th Street) is proposed with a 60 -foot right-of-way. The proposed street has been modified to intersect Franklin Road across from the main driveway to the Hoff Forest Products on the north side of Franklin Road. The submitted traffic study did not include a warrant analysis for a traffic signal at Franklin Road and SW 5th Street. The forecast traffic volumes are low enough that a traffic signal is not anticipated. The applicant has proposed an extension of SW 3rd Street north from Fulmer Avenue to the northern property line. Staff intends to extend SW 3rd Street north to Franklin Road when the adjacent parcel is redeveloped. J. The remaining internal streets are proposed to have right-of-way widths of 50 -feet. The District's standard right-of-way width for commercial streets is 58 -feet wide to accommodate a 41 -foot street section with 5 -foot wide sidewalks. Staff recommends that all streets within this development be constructed to a 41 -foot street section with 5 -foot wide sidewalks within a 58 -foot right-of-way. K. The parcel has 238 -feet of frontage on Franklin Road. SW 5th Street is proposed to intersect Franklin Road across from the main driveway to Hoff Forest Products. The centerline of SW 5th is proposed to be 5 -feet east of the centerline of the existing 50 -foot wide driveway to Hoff Forest Products. The Hoff development is estimated to generate 625 vehicle trips per day. Staff recommends that SW 5th Street be incorporated into the reconstruction of Franklin Road, currently scheduled in 1998. L. Franklin Road is scheduled in the District's current Five Year Work program for reconstruction in 1998. Staff recommends that the applicant be required to provide a $2,023.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 238 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. Prior to the District improving Franklin Road, a left -turn deceleration lane will be needed on Franklin Road at SW 5th Street having 50 -feet of storage and a 40 to 1 taper. Staff recommends that the deceleration lane be required based on the criteria from the Institute of Transportation Engineers Transportation and Land Development handbook. BALLANTY Page 3 M. Meridian Road from Franklin Road to East 1st Street is scheduled to be improved by the District in the current Five Year Work Program in FY 1998. A traffic study to determine the necessity of the Meridian/E. 1st Street couplet is scheduled in the District's current Five Year Work Program in FY 1997. Staff recommends that the applicant be required to provide a $425.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Meridian Road abutting the parcel (50 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. Staff recommends that a left -turn lane be required on Meridian Road at Pennwood Street having 50 -feet of storage with a 40 to 1 taper. N. The proposed turnarounds for Pennwood and Barrett Streets at the site's west boundary will prevent a street connection between the residential development to the west and the proposed commercial/office development. O. Staff recommends that driveways to the individual lots maintain 50 -feet of separation from near edge to near edge with the driveway widths not exceeding 30 -feet. Shared driveways are encouraged. P. * Staff recommends that access to SW 5th Street for lots near Franklin Road be restricted for a minimum of 175 -feet south of the future back of curb on Franklin Road. The 175 -foot offset is the minimum allowed for a driveway on a collector road from a controlled intersection. Although SW 5th Street is not classified as a collector street on the Functional Classification Map, the estimated traffic volumes of 5,900 vehicle trips per day justify using the collector street offset. Q. The transportation system will be adequate to accommodate the additional traffic generated by this proposed development. R. This application was heard by the Meridian Planning and Zoning Commission. The following requirements are provided as conditions for approval: Site Specific Requirements: 1. Dedicate 45 -feet of right-of-way from the ultimate street centerline of Franklin Road abutting the parcel (20 additional feet) by means of recordation of the final subdivision plat or prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance, with Section 15 of ACHD Ordinance #188. BALLANTY Page 4 2. Provide a $2,023.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 238 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. 3. If the site is developed prior to the District improving Franklin Road, construct a left -turn deceleration lane on Franklin Road at SW 5th Street having 50 -feet of storage and a 40 to taper. 4. Provide a $425.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Meridian Road abutting the parcel (50 -feet) prior to issuance of any required permits or District approval of final plat, whichever occurs first. 5. If the site is developed prior to the District improving Meridian Road, construct a left -turn lane on Meridian Road at Pennwood Street having 50 -feet of storage with a 40 to 1 taper. 6. Construct all internal streets to a 41 -foot street section with 5 -foot wide sidewalks within a 58 -foot right-of-way. 7. Barrett Street and Pennwood Street shall be constructed with an ACHD acceptable turnaround improved with pavement, standard vertical curb and gutter. Depending on the design of the turnaround, "no parking" signs may be required as determined by Traffic Services staff. SW 3rd Street shall be extended from Fulmer Street to the site's northern property line. 9. SW 5th Street shall be extended to the south boundary of the site with a temporary easement for a paved turnaround. 10. SW 3rd Street shall be extended to the south boundary of the site with a temporary easement for a paved turnaround. 11. Access to SW 5th Street shall be restricted for a minimum of 175 -feet south of the future back of curb on Franklin Road. 12. Driveways shall be a maximum of 30 -feet wide with a minimum offset between driveways or from street intersections of 50 -feet as measured near edge to near edge. 13. Place a note on the final plat that states, "Direct lot or parcel access to Franklin Road is prohibited. " 14. Align SW 5th Street with the main entrance to Hoff's (approximately 160 -feet to the east) on the north side of Franklin Road. The centerlines of SW 5th Street and the Hoffs driveway may be located a maximum of 5 -feet apart. BALLANTY Page 5 r-. 15. Provide a cross access easement to the abutting parcel at the southwest corner of Franklin Road and SW 5th Street. 16. Construct a roadway in the existing easement from SW 3rd Street to Meridian Road. This roadway should be a minimum of 29 -foot width. Curb, gutter and sidewalk are not required. The District will delete the requirement for this roadway once SW 5th Street and SW 3rd Street are connected to Corporate Drive. 17. Conduct a traffic signal warrant analysis for the Franklin Road/SW 5th Street intersection, prior to approval of the final plat of the last phase. If a traffic signal is warranted, deposit $75,000 to the Public Rights -of -Way Road Trust Fund for the cost of a traffic signal prior to final plat approval of the last phase. 18. Restrictions on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein r shall be made in writing to the Development Services Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequitY. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as, Ada County Highway District Road Impact Fee Ordinance. BALLANTY Page 6 4. A right-of-way permit must be obtained from ACHD for any street or utility construction within the public right-of-way. Utility cuts should be combined where practical to limit pavement damage. Utility street cuts in roads paved within the last five years will not be allowed unless approved by the District Commission._ Contact Construction Services at 345- 7667 (with file number) for details. 5. Submit site drainage plans and calculations for review and appropriate action by ACHD prior to District approval of the final plat or issuance of building permit (or other required permits), whichever occurs first. The proposed drainage system shall retain all storm water on-site and shall conform to the requirements of the city or county having jurisdiction. Public street drainage facilities shall be located in the public right-of-way or in a common lot owned by a homeowners association set aside specifically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage lots and their use restrictions shall be noted on the plat (when applicable). 6. Locate driveways a minimum of 5 -feet from the side lot property lines when driveways are not to be shared with the adjacent property. 7. If sidewalk is to be constructed or is currently abutting the site, construct pedestrian ramps =A on the corner of all street intersection in compliance with Idaho Code, Section 40-1335. 8. Dedicate up to a 20 -foot x 20 -foot right-of-way triangle (or appropriate curve) to keep street improvements within the public right-of-way at all intersections abutting and/or within the development by means recordation of the final plat or prior to issuance of a building permit (or other required permits), whichever occurs first. 9. Continue existing irrigation and drainage systems across parcel. 10. Continue borrow ditch drainage abutting parcel (culvert may be required). 11. Provide written approval from the appropriate irrigation/drainage district authorizing storm runoff into their system. 12. If street improvements are required, locate obstructions (utility facilities, irrigation and drainage ditches and appurtenances, etc.) outside of the public right-of-way. Authorization for relocations shall be obtained from the appropriate entity. If determined by the District, existing irrigation facilities may remain in the right-of-way with District review and approval of easements recorded for future relocation at a later date. 13. Locate proposed sign(s) out of the public right-of-way and out of the clear -vision sight - triangle of all street and driveway intersections. 14. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross -street. The stop sign shall be installed when the project street is first accessible to the motoring public. BALLANTY Page 7 15. The developer is requirea to install street name signs at the locations approved by the Ada County Highway District. Purchase street name signs, sign poles, and mounting hardware from ACHD's Traffic Operations Department or an approved outside supplier. The District will not manufacture street signs until a copy of the recorded plat showing the recording data has been provided to Development Services staff. 16. Any portion of a street which is required by the District to be designated as "no parking" shall be posted by the installation of standard "no parking" signs. A signing plan shall be sealed, signed and dated by a Registered Professional Engineer and submitted to ACHD Traffic Services staff for their review and approval prior to final plat approval by the District. If a final plat is not required, the signing plan approval shall be completed prior to issuance of a building permit (or other required permit). 17. Provide a clear vision sight triangle at all driveway and street intersections. Within this triangle no obstruction higher than 36 -inches above the top of pavement will be allowed, including but not limited to landscaping, berms, fences, walls or shrubs. The triangle shall be defined with the long leg measured 200 -feet to 540 -feet (depending on speed limit) along the centerline of any road; and the short leg measured from the curb line of the road 20 -feet along the centerline of the intersecting driveway or street (see District Policy Figure F7). Provide notes of these restrictions on the plat/site plan and street construction plans. 18. Submit three sets of street construction plans to the District for review and appropriate action. 19. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 20. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 21. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 22. 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. 23. 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. 24. The connection of driveways to the public street system is not allowed without approval of the District. To obtain approval, anyone proposing to construct a driveway is required to contact the Construction Services Division of the District to obtain a proper permit prior to commencing construction per District Policy 7207.9. BALLANTY Page 8 25. 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. 26. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Submitted by: Development Services Staff Date of Commission Approval: MAR 4 BALLANTY Page 9 MAR 3 0 2000 IT OF 1V + $I1)jAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 March 22, 2000 OFFICE: Nampa 466-7861 Will Berg, City Clerk SHOP: Nampa 466-0663 Meridian Planning & Zoning Commission 33 East Idaho Meridian, ID 83642 Re: CUP -00-018 Conditional Use Permit for Vacant Lot Zoned C -G for ^roposed Lease Facility / Joseph D. Heilker The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 466-7861 for further information. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, j�An P. Anderson, Water Superintendent AMPA & MERIDIAN IRRIGATION DISTRICT JPA: din Cc: File — Shop File - Office Asst. Water Superintendent Joseph D. Heilker George R. Blecha APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 27 March 2000 Joseph D and Stacey Heilker 2491 N. Tumberry Way Meridian, ID 83642 Flymi;g�p 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 RE: Land Use Change Application —10,000 Sq. Ft. Lease Building em,0-66 -D /,? Dear Mr. and Mrs. Heilker: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above -referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the District's office, or John P. Anderson, at the District's shop. Sincerely, Donna N. Moore, Assistant Secretary/Treasurer cc: File Water Superintendent James H. Ballantyne, City of Meridian enc. Troutner Business Park Dev. Corp. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 03/15/2000 14:06 2088885052 SANITARY SERVICE PAGE 04 THOMAS O, P/Z �BYRON ADA COUNTY HIGHWAY DISTRICT HUI; OF TREASURE VALLCY COMMUNITY PLANNING ASSOCIATION MA R R Corrie A Good Place to Live LEGAL DEPART`ICNT ert IUN SETTLERS IRRIGATION DISTRICT CITY OF MERIDIAN (209) 238.2499 . Fa.� 258.2501 CITY C 'U MEMBERS MEMBERS _TAMMY de WEERD, CIC PUBLIC WORKS derson 33 EAST IDAHO BUILDING DEPARTMENT Kei Bird LVIERIDIAN, IDAHO 8361? (208) 937.2211 • Fax 957.1297 mm Weerd (208) SSS -4,133 - Fa.� (20S) 887-4813 PLANNING AND ZONING Ch cCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT CITY ENGINEER i X AL _CITY PLANNER (208) 88i-5533 . Fax 388.685-1 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 24, 2000 TRANSMITTAL DATE. March 6. 2000 HEARING.DATE: April 11, 2000 FILE NUMBER--. CUP -00-018 REQUEST: CONDITIONAL USE PERMIT FOR VACANT LOT CURRENTLY ZONED C -G FOR PROPOSED 10,000 SF LEASE BUILDING BY: JOSEPH D. HEILKER LOCATION OF PROPERTY OR PROJECT: TROUTNER BUSINESS PARK(SEE LEGAL ATTACHED) SALLY NORTON, P.Z. MERIDIAN SCHOOL DISTRICT KENT BROWN, P/Z MERIDIAN POST OFFICE(PRELIM &FINAL PLAT) THOMAS O, P/Z �BYRON ADA COUNTY HIGHWAY DISTRICT SMMITHITH,, P/Z COMMUNITY PLANNING ASSOCIATION KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT _RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT _CHERIE MCCANDLESS, C/C IDAHO POWER CO:(PRELIM & FINAL PLAT) _KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) _TAMMY de WEERD, CIC INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) _VYATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL) EWER DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT SANITARY SERVICE ____BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT YOUR CONCISE REMARKS: (z'c -fp _CITY ATTORNEY CITY ENGINEER i X AL _CITY PLANNER MAR 1 6 2000 CITY OF YM IDUN MAR 15 '00 13:07 2088885052 PAGE.04 George R. Blecha, AIA 507 Hillview Drive Boise, Idaho 83712 Phone: (208) 344-2797 Fax: (208) 344-4686 March 30. 2000 Ms. Shari Stiles, Planning Director CITY OF MERIDIAN PLANNING AND DEVELOPMETN SERVICES 200 East Carlton, Suite 201 Meridian, Idaho 83642 Re: Proposed Lease Facility for Joseph D. and Stacey Heilker CUP -00-018 — Troutner Business Park, 443 West Pennwood Street Meridian, Idaho Dear Ms. Stiles: RECEIVE( APR 0 6 2000 City of Meridian City Clerk Office Reference is made to our telephone conversation on Tuesday, March 28, 2000; regarding the subject referenced project. Thank you for taken the time from your busy schedule to clarify a number of issues that were of great concern to me regarding this project submission. As a result of our conversation and following your recommendation, additional information has been provided regarding items 7 and 12 in the Contents of the Conditional Use Application. They are as follows: Item No. 7: Proposed use of the subject property. Lease Building Development, is a generic term for a building that is to be built and occupied by AEROTECH, INC., owned and operated by Joseph D. and Stacey Heilker. AEROTECH, INC. is currently located in Southeast Boise, and north of the Shopko Distribution Center. The AEROTECH, INC. machining facility produces products of extremely high tolerance. Machined products are produced in fully enclosed chambers, which contributes to the quality of the product. There is absolutely no products used during the machining process that would be detrimental to the surrounding area in the way of chemical and/or environmental pollutants. Ms. Shari Stiles, Planning Director March 30, 2000 Page 2 Item No, 12: Characteristics of the subject project that make a conditional use desirable. Currently the City of Meridian 1993 Zoning and Development Ordinance does not accurately address the specific land use proposed for the New AEROTECH, INC. facility. The Heilker's have selected the Troutner Business Park for their new business location for its high quality structured proposed businesses, specifically for the portions of the Business Park that have been designated for a clean industrial environment. The Heilker's are currently residence of northwest ada county and their choice of the Meridian area would considerably reduce their daily commute time to their present location. An important factor to their proposed location would be the contrubution that their business would make to the business community of Meridian. They also will bring with them future economic benefits of an employment base that would have an impact to the area. 1 trust that the expanded explanation provided for the proposed project will indeed clarify the intended use of the future AEROTECH, INC. facility. It should be further noted that the Heilker's are confident in the selection of this site and the immediate area, that they have exercised an option to purchase the adjacent property to the south for future business expansion. if you should have any further questions with regards to this matter, please do not hesitate to call. Si George Blecha, AIA Project Architect cc: Joseph D. and Stacey Heilker 04/10/2000 10:33 2083314567 40ra= PAGE 01/01 RECEIVED APR 10 2000 � CIN OF MFRIfIIAnq CITY EMdMVM �N CLERK OFFICE NMM0§=.fMMMWNL"N"= AS 800 E. citation Court, unit C Boise, Id 8371.6 208/331-1234 208/331-4567 (fax) To: Keith Borup From: Joseph D. Heilker Keith: Company: City of Meridian Date: 4-10-00 I am currently in the process of obtaining a Conditional use Permit. I submitted my application on 3-1-00 and my project is on the agenda for the Tuesday April 11 P & 2 meeting and I am the owner of this project. I have a dilemma that I am hoping you can help me with. I understand that the agenda is very full and that there is a possibility that if all the items on this agenda are not addressed that those items will be addressed at a later date. My predicament is that due to time factors on my project, if our project is not addressed at this meeting, our timeline will be disrupted which will cause us some serious problems. What i would like to know is if there is anything that i can do to have my project moved up to the front of the agenda list so we can be sure that it will be addressed at the April 11 meeting. This would be greatly appreciated and we are willing to do whatever is necessary to make this happen as this would greatly reduce the Possibilityof timeline problems and I could breath a sigh of relief. Please eel free to contact me, as I would appreciate any helpful information that you can give me. Thank you for taking the time out of your busy schedule to review my concern. Sincerely, Jo eph D. Heilker APR 10 '00 10=48 2083314567 PcarF P1 MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASI A Good Plaa CITY OF M -Ttern:*pl5 33 EAST I' MERIDIAN, ID (208) 888-4433 • Fax City Clerk Office Fax - — RIE CEIVED APR 0 7 2000 CITY OF MERIDIAN MEMORANDUM: CITY CLERK OFFICE To: Planning & Zoning commission/Mayor & City Council From: Bruce Freckleton, Senior Engineering TechniciaaC— Shari Stiles, P&Z Administrator 2�5� 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 April 7, 2000 Re: Request for Conditional Use Permit for High-tech Manufacturing Facility/Machine Shop Located on Lot 2 in Block 5 of Troutner Business Park by Joseph D. and Stacey Heilker We have reviewed this submittal andoffer infull, unless expressly modified or deletedby wing comments, as conditions of t he applicant. These conditions shall be considered motion of the Meridian City Council: APPLICATION SUMMARY This application is to permit a high-tech machining facility within a C -G zone. The current Zoning and Development Ordinance does not adequately address this specific land use. Aerotech, Inc., is a facility which functions in a way similar to Micro 100 Tool Corporation on Pine Avenue. The applicant wishes to locate in the Troutner Business Park because of the high standards placed on the development. LOCATION The property is located at the southeast corner of W. Pennwood Avenue and S. West Fifth Avenue in the Troutner Business Park. SURROUNDING PROPERTIES North, South and East – The parcel is adjacent to vacant lots zoned C -G. West – Vacant lots zoned L -O within the Troutner Business Park. CURRENT OWNERS OF RECORD Troutner Business Park Development Corporation owns this lot within Troutner Business Park. Notarized consent for this application has been submitted by the authorized representative of the corporation. Aerotech.CUP.doc CUP -00-018 P&Z Commission/Mayor and Council April 7, 2000 Page 2 GENERAL REQUIREMENTS: 1. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance Section 11-13-4 and/or as detailed in site-specific requirements, and in accordance with Americans with Disabilities Act (ADA) requirements. 2. 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. 3. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 4. 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. All construction shall conform to the requirements of the Americans with Disabilities Act. 6. 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 over payment of assessments and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 7. As part of a conditional use permit, the City of Meridian may impose restrictions and conditions in addition to current City Ordinances. 8. Applicant shall coordinate the location and construction requirements of the required trash enclosure with Meridian Sanitary Service, Inc., and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance. 9. Submit a letter of plan approval from Ada County Highway District when applying for a Certificate of Zoning Compliance. 10. All required deciduous trees are to be a minimum of 3" caliper at the time of planting; any conifer trees are to be a minimum of 6-8' at planting. 11. Applicant should come to the public hearing prepared to address hours of operation. number of employees, and noise generation. CUP -00-018 Aerotech.CUP.doc P&Z Commission/Mayor and Council April 7, 2000 Page 3 12. Applicant will be required to landscape southern boundary if the adjacent property is not purchased by the Applicant. Staff recommends approval provided the Planning & Zoning Commission makes a finding that theuse will be harmonious with the surrounding area based on the Applicant's testimony at the public hearing. CUP -00-0I S werou.cn.cuP.aoc 1P LaserJet 3100 SEND CONFIRMATION REPORT for 'rinter/Fax/Copier/Scanner City of Meridian 2088886854 Apr -7-00 1:48PM Job Start Time Usage Phone Number or ID Type Pages Mode Status 594 4/ 7 1:47PM 1103" 2083314567 Send .............. 4/ 4 EC144 Completed........................................ Total 1103" Pages Sent: 4 Pages Printed: 0 CITY OF MERIDIAN pi,jnning & Zoniny V. 331-45ie1 Gta MAO .. NYar 4 (Indudrg care Me .woT6Gh Bb9,-SW—WW= c' ❑ 1Ayae 0 Far Rwdw ❑ Plai.. C.nrn.nt 13 M .—Repyr ❑ In r R.ayeM RECEIVED APR 0 7 2000 CITY OF MERIDIAN CITY CLERK OFFICE MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless NUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 - Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208)884-5533 - Fax 888-6854 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 24, 2000 TRANSMITTAL DATE: March 6, 2000 HEARING DATE: April 11, 2000 FILE NUMBER -:—CUP -00-018 REQUEST: CONDITIONAL USE PERMIT FOR VACANT LOT CURRENTLY ZONED C -G FOR PROPOSED 10,000 SF LEASE BUILDING BY: JOSEPH D. HEILKER LOCATION OF PROPERTY OR PROJECT: TROUTNER BUSINESS PARK (SEE LEGAL ATTACHED) SALLY NORTON, P.Z. KENT BROWN, P/Z THOMAS BARBEIRO, PIZ BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C K TH BIRD, C/C 7;77AMMY de WEERD, C/C WATER DEPARTMENT SEWER DEPARTMENT _ SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORN EY 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) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS:_1?D j?Fc1ETVE]0 MAR - 8 2000 CITY OF MERIDIAN RECEIVED MAR 0 7 2000 Meridian City Water Superintende"I 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 24, 2000 TRANSMITTAL DATE: March 6, 2000 HEARING DATE: April 11, 2000 FILE NUMBER_ CUP -00-018 REQUEST: CONDITIONAL USE PERMIT FOR VACANT LOT CURRENTLY ZONED C -G FOR PROPOSED 10,000 SF LEASE BUILDING BY: JOSEPH D. HEILKER LOCATION OF PROPERTY OR PROJECT: TROUTNER BUSINESS PARK (SEE LEGAL ATTACHED) _ SALLY NORTON, P.Z. KENT BROWN, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, 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 B ILDING DEPARTMENT IRE 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) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCIS Rte' ED 4 MAR - 8 2000 v t 1' Flll HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Corrie (208) 288-2499 - Fax 288-2501 �j CITY O1' MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 Keith Bird MERIDIAN, IDAHO 83642 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING City Clerk Office Fax (208) 888-4218 DEPARTMENT Cherie McCandless (208) 884-5533 • Fax 888-6854 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 24, 2000 TRANSMITTAL DATE: March 6, 2000 HEARING DATE: April 11, 2000 FILE NUMBER_ CUP -00-018 REQUEST: CONDITIONAL USE PERMIT FOR VACANT LOT CURRENTLY ZONED C -G FOR PROPOSED 10,000 SF LEASE BUILDING BY: JOSEPH D. HEILKER LOCATION OF PROPERTY OR PROJECT: TROUTNER BUSINESS PARK (SEE LEGAL ATTACHED) _ SALLY NORTON, P.Z. KENT BROWN, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, 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 B ILDING DEPARTMENT IRE 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) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCIS Rte' ED 4 MAR - 8 2000 v t 1' Flll CP,HEA CENTRAL DISTRL DEPARTMENT Rezone # CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division Preliminary / Final / Short Plat J;. LIAR 1 6 2000 WAN-Nrrr» Return to: ❑ Boise ❑ Eagle ❑ Garden City ,Meridian ❑ Kuna ❑ ACz XI. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store 14. �� iii gcN� si bi.+..u�iaY13� /h�•.�.4Cc�✓T� Date: 1��� l 06 �lt _J��� Reviewed By: 4_1_e24� Review Sheet cDHD 10/91 rcb, rev. 7191 CENTRAL 010 DISTRICT "' H EASTH MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE. ID 83704-0825 • (209) 375 -5211 • FAX 327-85C0 DEPARTMENT To prevent and treat disease and disability; to promote healtly lifestyles; and to protect and promote the health and quality u(orrr envirunu+ent. STORM WATER MANAGEMENT RECOMMENDATIONS It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. Ada / Boise County Office 707 N. Armsrong PI. Boise, ID 83704 Enviro. Health: 327-7499 Family Planning: 327-7400 Immunizations: 327-7450 Senior Nutrition: 327-7460 WIC: 327-7488 FAX: 327-8500 Serving Valley, Elmore, Boise, and Ada Counties Ada -WIC Satellite Office 1606 Robert St. Boise, ID 83705 Ph. 334-3355 FAX: 334-3355 Elmore County Office 520 E. 8th Street N. Mountain Home. ID 83647 Enviro. Health: 587-9225 Family Health: 587-4407 WIC: 587-4409 FAX: 587-3521 Valley County Office 703 N 1 st Street P.G 3ox 1448 McCall, ID 83638 Ph 634-7194 FAX 634-2174 Sent By: City of Meridian; 2088886854; fe0-2;J-UU ll:UDRM; rage zle ANY 443 W. PENNWOOD ST. PIROPERTY OWNERS WITHIN 301" TROUTNER BUSINESS PARK DEVELOPMENT CORPORATION 10250 WHISPERING CLIFFS DR BOISE ID 83704-0000 365 SW 05TH AVE 366 SW 05'"" AVE 375 SW WD AVE 440 W PENNWOOD ST 350 W PENNWOOD ST 429 SW O5TH AVE SW 05TH AVE 351 W PENNWOOD ST 443 W PENNWOOD ST 503 SW 05TU AVE 540 SW 05TH AVE. 551 SW 051x1 AVE BERRY ARTHUR J TAMURA DOUGLAS W 960 BROADWAY STE 450 BOISE ID 83706-0000 N MERIDIAN RD GOADE JOHN D & GOADE SANDRA J 5855 BECKY DR MERIDIAN ID 83642-5364 420 W WALTMAN LN PHILLIPS RICHARD M 210 MURRAY ST BOISE ID 83714-4615 627 S MERIDIAN RD ED FED 2 3 2000