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HomeMy WebLinkAboutITD Record1 8920698 tic J P RtiRERT L. TRABERT FILED Chief Legal Counse �-1'' - PATRICK W. FANNING AFR 2 �da STEVEN M PARRY (?FiPJ t34ST�D Attorneys !0P A, C,<r,; Idaho Trans ortaticzpb7y p p GLPU .on ne artment y e� sTti;.'[uq P.O. Box 7129 Boise, Idaho 83707-1129 _ Telephone: (208) 334-8813 IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA THE STATE OF IDAHO, ex ref, JOHN M. OHMAN, MARION DAVIDSON and PHIL BATT, IDAHO TRANSPORTATION BOARD, Plaintiff, -vs- JOHN DOBARAN and ARVELLA DC,3ARAN, husband and wife; and JOE DOBARAN, a single man, Defendants. Case No. 91481 SECOND JUDGMENT AND DECREE OF CONDEMNATION THIS COURT on the 11�hday of April, 1989, having entered a Judgment adjudging that the Defendants have and recover fra,n the State of Idaho the sum of Fourteen Thousand Five Hundred Fifty -One arid 86/100 Dollars ($14,551.86) , including interest and costs of suit, and the Plaintiff having fully satisfied said judgment; NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 1. That the use to which the property condemned herein, and hereinafter described, will be put, to -wit, a public highway, is a F'-blic use and authorized by law. SECOND JUDGMENT AND DECREE OF CONDEMNATION - I EXHIBIT 0 • { lI, I 2. That the taking of the property and property rights condemned herein, and hereinafter described, is necessary to and I 1 for the construction of that certain public highway known as State Highway No. 55, Project No. F-FR-3271(44). 3. That the hereinafter described property and property rights be,. and the same are condemned and taken by and for the use ! i of the State of Idaho. i I 4. That the progeny condemned and taken herein is situate j in Ada County, State of Idaho, and is more particularly described as follows: See Exhibit "A' attached 'hereto and made a part hereof. 5. PIaintiff will construct, at its sole cost and expense, I I one 40-foot approach at Station 89+IC.17 (easterly) side of =— i� Project F-FR-3271 (44) . 6. Plaintiff hereby grants to Defendants or their successors or assigns the right to construct in the future, for I development " purposes on the property, a right of access for a 60- foot wide right-of-way for a 41-foot back-to-back of curb public I j street approach between 86+00 and 88+50. The cost of the I construction of this approach shall be at the expense of i Defendants or their successors or assigns. 7. Plaintiff- further grants to the Defendants or their successors or assigns the right to close the access points i referred to in Paragraphs 5 and 6 of this .Judgment and construct, I ' at its sole expense and cost, a right of access for a 60-foot wide right-of-way for a 41-foot back-to-back of curb approach between Stations 96+00 and 89+18. SECOND JUDGMENT AND DECREE OF CONDEMNATION - 2 B. The existing 17-4.:oot ditch rider approach located at Station 85+54 Right (easterly) shall be constructed by the Plaintiff and at its sole cost and expense and shall further be for the sole use of the ditch company. if the property is developed in the future in such a manner that the ditch rider access point at Station 85+54 is no longer necessary, it shall be removed. 9. Ali points of access, other than those described 'herein, between the subject property and Eagle Road are extinquished. 10. That the fee simple title to the aereinabove described Parcel No. 24 be, and the same is vested. in the State of Idaho. DATED this lc( day of April , 1989. ROBEFf G. NEB JHOUSE DISTRICT JUDGE STATE ()F IDAHO COUNTY OF ADA Si. AMr JOHNIFA.STICA,CLERN.,05TH°0:STr.:CT C-OWRTOFTHEPOURTH C:;Y_ D:STR!CT rF 7- 'ir'`= %= ^`.'':�, IN h."? FOP THE ccmi Y Or �+� or" { :� CH . i'i?Y T ,AST T'iE IS A Trtu�ArlDeCR:_CTC:.�Y0-:71•12: C-N`FILE JiMTF;:SOPF,CE. 1R't:ITI2c YVHE 'cGr, 1 i.1�iE :•;i S_TI:1Y HARU Ai-!D A . FIXED:6YOFFICALSEAL TrIS�i=1.`iti Oi S9$l. JOHN BlSTiGA, CLERIC BY E-C� ocor) DEPUTY. A& C6Unty' I&ho • vmct TIME i• DATE JOIiN 5. STIC ery Deli �Cr SECOND JUDGMENT AND DECREE OF CONDEMNATION - 3 .. ..... .. ..... ...... _ .., -- .. -: ..�.,-,. .,,_.. ,. ....ram,... _--•-�.•.-,:•�•..•,�- .. ...-..,-.r,,-.-.. I No.-7R-3271(44) ParCe1 No. 24, Id. No. 31900 Re-r No. 4330 PARCFD No. 24 PL parcel of land being tie Easter!side of the cant=__1-ne of =act Read, ?=o4ect Ic. F-?R-3271( 4;) &-c wav Su_'rev as shown on t _y�laas tea=ea= now. on fi-a in tie or__ce or tr.e Nano Transportation De_sar - ment, C'iv_4s_0n or a_cL-.w _•rs, and be_ a a _port_an of the V;4�_,SW of Sac- t:on 9, Townshi? 3 Nartz, Rance 1 East, Sa1S-2 Me=LC_an, des:.._'_--_d as follaws, to -wits Beginning a: thk2: Northwest csrne_r of the of Sec_-ca 9'.�Cw. -. 3 Norc^, Rance 1 East, So-sa Hc� rldian; t^_-ce East3=l'+ alanc the Nor,1h line of said tiN-W; swV a distance CZ: /0.0 feet, more cr less, to a point in a line parallel w_ :_', and 70.0 f=_e_ East=_lv f_ori the c_%ts:iine and bea=sSou_h 830311431"East -f_am Sta- tion 89-33.'7 of said Eagle Road, Project No. F-23-3271(41) _ighway thence South 1*29117" Brest along said Parallel line `4113.50 feet to a point in the Northerly line of the tract ar land as aescr=oec by the Hetzs and Bounds Description ar tie excection in that certain Warrant-7 Dead dated Avril 29, 1957, recorder? December 19, 1979 as Inst_s.aent No. 7963824 records of Ada County, Idaho, whic'. Northerly line is coinci- dent with t.^_ NortZe:l_V line of Lo`t l oL Block 2 O: r.a� .ar :z P r% Sul— divisian, according to the plat there fi eo in 3ook 43 o= plat: at paces 3721 an;� 3722, records of Pala County, Idaho; - thenca alone the irregular Northerly line of said tract of land as follows: South 84019157" crest (shcwn of record to be South 82°51`12f West) 32.10 feet to a prop«irty corner, South 2°49'35" West (shown of record to be South 1°21'l8" West) 43.53 feet, North 85013'21" West (shown of retard to be Nort 86041'48" nest) 12.14 feet to tie most Westerly corner of said tract of land being, a point in the Easterly right of way line of existing Eagle Road and bears South 88031143` East 25.0 feet from Station 84+98.08 of said F-ighaa-v Sur7ey; t::enca tiart 83*31143' West - 25.0 fee_ to a point in the West line of 'aid Nw hSWh; thence Northerly along said Wes= line 460.0:feet, more or less, to ch e P�,CT OF 37G7NN-NCs. 8=gawa_r Station Refer=nce: 89+98.08 to 89=33.17 T`.e area above described contains aogroxivately 1.3721 acres, 0.8284 acres of wi ich is ac!cnowledced. to be a partion of a public road. Of 7 rs7z �. °.o1ec_ No. F-FR-3271(44) Face -I No. 24, Id. No. 316900 Reg Nc. 4350 i a_._, r_-:t of war fanc_;lc to be const=uccad is not r._t33aatily inte'd_: to C65_'?a:. the ;ra7 ce:�Iron and a^_! V=:=ance bet:re1- t - loca�_oC r c.at of way fanci1C and the actual proc?:`v line as CasCC-beC 3 a Z not he const=ue= as a mad►f_cation or ajtara__C: of. t _S Casa=' Zion. 1 NO. 29 I � - 7 ? A.tem=o:a_v easement to co upon, occupy and use a st_is of land 5.0 feet wide in a portion of the ►Tv;-TWh of Secticr. 5, '.ow -ship 3 North, Rance I Ease, Boise Meridian„ ther Westerly side of w _ci is co. nci?--t W:- h t11 o Eastarly side of the above de=c_ib_d par_n_ o�lard (2arc� N' o 2and lying between the Northerly tine of Lo- L c__ 81oc`c 2 0_- t Coaae_oe ?a.;c Subd_v_s_on, Ada dount-r, Ida -a and at sai and containing approximately o.o 74 ac_e's for purpose of canst_ScZ_Clc thereon an irrigation ditch and/or pipe_in_ and f3C1.?lt toCet a with the right and prifiiece of ingress and e__esS to and Erum said pro-aert-v for said purpose. i i - Face 2 oc 2 Q2 05 E Brian L. Ballard, ISB No. 2580 ® Geoffrey M. Wardle, 'ISB No. 5604 HAWLEY TROXELL ENNIS & HAWLEY LLP 877 Main Street, Suite 1000 P.O. Box 1617 Boise, ID 83701-1617 Telephone: (208) 344-6000 Facsimile: (208) 342-3829 Attorneys for Jackson Food Stores IN THE MATTER OF THE ) ENCROACHMENT APPLICATION NO. ) 305-392: SH-55, JACKSONS FOOD ) STORES ) AFFIDAVIT OF JACK DAVIS Jack Davis, being first duly sworn under oath deposes and says: 1. I am the Director of Construction for Jacksons Food Stores. 2. As part of my responsibilities, I assisted Jackson' architect in the preparation of the land use applications submitted to the City of Meridian for Jackson' facility at Pine Street and Eagle Road. 3. At the April 24, 2005 hearing before the Meridian Planning and Zoning Commission, which I attended with Jacksons' architect Dale Binning, Meridian planning staff indicated that the site plan would have to be revised to reflect what ITD would actually allow at the site. Meridian planning staff further indicated that the condition of approval regarding the AFFIDAVIT OF JACK DAVIS -1 nanao nnn v -- , revision to the site plan, eliminating the right in only access off Eagle Road, was necessary so as to have a site plan that could be forwarded to the Meridian City Council and that could be approved by Meridian in light of ITD's refusal to consent to the right in only access off Eagle 4. I subsequently worked with Dan Coonce of ITD to submit Jacksons' application for an encroachment permit for this site. As set forth in my testimony before the hearing officer in this matter, other than the letter I testified regarding at the hearing that is attached hereto as Exhibit F, at no time did Mr. Coonce or any other representative of IT- indicate that Jacksons' application was incomplete. 5. At no time in my discussions with Meridian or with ITD was I ever informed that either Meridian or ITD would take the position in the future that the revision of the site plan to remove the proposed right in only access off Eagle Road from the site plan, as set forth in the conditions of approval, would constitute a waiver of Jacksons' right to request an encroachment permit or seek a variance from ITD's policies. 6. At no time in my discussions with Meridian or with ITD was I ever informed that either Meridian or ITD would take the position in the future that the revision of the site plan to remove the proposed right in only access off Eagle Road from the site plan, as set forth in the conditions of approval, would bar Jacksons Food Stores from seeking an encroachment permit or a variance from ITD's policies or that it would bar Jacksons Food Stores from seeking modification of its conditional use permit from Meridian to include a right in only access from Eagle Road if granted by ITD. AFFIDAVIT OF JACK DAVIS - 2 nFORa nnAR G79Q70 1 7. At no time did I ever waive any legal rights that Jacksons Food Stores may have nor did I intend to waive Jacksons' right to seek an encroachment permit or a variance from ITD's policies or to seek the modification of its conditional use permit from Meridian to include a right in only access from Eagle Road if granted by ITD. Further, your affiant sayeth not. DATED THIS day of M, 2006. LIM Davis SUBSCRIBED AND SWORN to before me, the undersigned Notary in and for said State this, day of _ �/ , 2006. ,��.•�C� ' NOT Y PUBLIC For Idaho v: �,OTaR�. Residing at Boise, therein. • l�UB,pAG M y l�! • Commission expires ,��''••9�F of i'D AFFIDAVIT OF JACK DAVIS - 3 11R700 nnAA 07C07Q 1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this ' Z 'L— day of May, 2006, I caused to be served a true copy of the foregoing AFFIDAVIT OF JACK DAVIS by the method indicated below, and addressed to each of the following: Mr. Steven M. Parry Deputy Attorney General Idaho Transportation Department 3311 West State Street P.O. Box 7129 Boise, ID 83707-1129 U.S. Mail, Postage Prepaid X Hand Delivered Overnight Mail Telecopy AFFIDAVIT OF JACK DAVIS - 4 nR989 n04R 875R7d I 01 Brian L. Ballard, ISB No. 2580 Geoffrey M. Wardle, ISB No. 5604 HAWLEY TROXELL ENNIS & HAWLEY LLP 877 Main Street, Suite 1000 P.O. Box 1617 Boise, ID 83701-1617 Telephone: (208) 344-6000 Facsimile: (208) 342-3829 Attorneys for Jacksons Food Stores IN THE MATTER OF THE ) ENCROACHMENT APPLICATION NO. ) 305-392: SH-55, JACKSONS FOOD ) STORES ) AFFIDAVIT OF DALE BINNING Dale Binning, being first duly sworn under oath deposes and says: 1. I am an architect who was retained by Jacksons Food Stores to design its new site on Eagle Road at Pine Street in Meridian, Idaho. 2. As part of my responsibilities at this site, I prepared and submitted the necessary land use applications to the City of Meridian for Jacksons Food Stores. These applications included a request to rezone the property and a request for a conditional use permit. 3. I met with Meridian planning staff in preparation for the necessary hearings on those applications. At that time, Meridian planning staff was clearly sensitive to the AFFIDAVIT OF DALE BINNING - 1 requirements of ITD regarding access on to Eagle Road. Meridian planning staff indicated to me that all access on to Eagle Road would be subjected to ITD regulations. 4. Meridian planning staff further indicated that based upon ITD regulations and ITD's prior actions on neighboring sites that Jacksons Food Stores would be required to remove the proposed access shown on its site plan and that Jackson Food Stores would have to seek approval of it from ITD. 5. I initiated discussions with ITD regarding the site and the need for ITD's approval of the proposed access. ITD staff did not initially offer any strenuous objection to the proposed access but, prior to the hearing before the Meridian Planning and Zoning Commission, ITD sent a letter to Meridian indicating its opposition to the site plan as designed. The letter requested that the access be removed, but invited Jackson Food Stores to make an encroachment application. 6. At the April 24, 2005 hearing before the Meridian Planning and Zoning Commission, Meridian planning staff indicated that the site plan would have to be revised to reflect what ITD would actually allow at the site. Meridian planning staff further indicated that the condition of approval regarding the revision to the site plan, eliminating the right in only access off Eagle Road, was necessary so as to have a site plan that could be forwarded to the Meridian City Council and that it could be approved by Meridian absent ITD's consent. 7. During the hearing, I was asked by Commissioner Zaremba regarding my ability to "work with that," regarding ITD's requirement that the right in only access off Eagle Road be removed. I responded affirmatively, to indicate that it was possible to revise the site plan to show the required landscaping. That affirmative response was not intended to indicate that AFFIDAVIT OF DALE BINNING - 2 Jacksons Food Stores would not seek a permit to obtain a right in only access off Eagle Road or that Jacksons Food Stores was waiving any right of access it may possess at the site. 8. At no time in my discussions with Meridian or with ITD was I ever informed that either Meridian or ITD would take the position in the future that the revision of the site plan to remove the proposed right in only access off Eagle Road from the site plan, as set forth in the conditions of approval, would constitute a waiver of Jacksons Food Stores' right to request an encroachment permit or seek a variance from ITD's policies. 9. At no time in my discussions with Meridian or with ITD was I ever informed that either Meridian or ITD would take the position in the future that the revision of the site plan to remove the proposed right in only access off Eagle Road from the site plan, as set forth in the conditions of approval, would bar Jacksons Food Stores from seeking an encroachment permit or a variance from ITD's policies or that it would bar Jacksons Food Stores from seeking modification of its conditional use permit from Meridian to include a right in only access from Eagle Road if granted by ITD. 10. At no time did I have any authority to waive any legal rights that Jacksons Food Stores may have, nor did I intend to waive any legal rights, in my responses to questions from the Meridian Planning and Zoning Commission or in complying with the requirements imposed by the City of Meridian as conditions of approval. AFFIDAVIT OF DALE BINNING - 3 Further, your affiant sayeth not. DATED THIS day of , 2006. AWLEY TROXELL ENNIS & HAWLEY LLP By Dale Binning SUBSCRIBED AND SWORN to before me, the undersigned Notary in and for said State this, a day of 2006. ••.•GI i CR���jp�.. • PUBLIC OF I'D �;�•`••• NOTARY PUBLIC For Idaho Residing at Boise, therein. My Commission expires 3 / v,- / J a - AFFIDAVIT OF DALE BINNING - 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 17 - day of May, 2006, I caused to be served a true copy of the foregoing AFFIDAVIT OF DALE BI ,T�G by the method indicated below, and addressed to each of the following: Mr. Steven M. Parry U.S. Mail, Postage Prepaid Deputy Attorney General x Hand Delivered Idaho Transportation Department Overnight Mail 3311 West State Street Telecopy P.O. Box 7129 Boise, ID 83707-1129 i offftr4 Wardle AFFIDAVIT OF DALE BINNING - 5 EiLEM IN THE DISTRICT COURT OF THE FOURTHJUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND F OR THE COUNTY OF ADA KAY 0 8 2907 JACKSONS FOOD STORES, Appellants, vs, IDAHO TRANSPORTATION DEPARTMENT, Respondent., J. DA AWJJ 0,9Tk 8{ OEPU- Y Case NO., CV-OC-06-16165 DECISION ON APPEAL, This matter arises from the request of Jacksons Food Stores for permits to construct a "right -in" access from Eagle Road to property it owns at the corner of* Eagle Road and Pine Avenue,. This is a judicial review of'the final Order' issued by the Director of the Idaho Transportation Department reversing the Bearing officer's recommendation that a variance be granted and that .Jacksons Food Stores be granted a right -in access on Eagle Road. Petitioner, .Jacksons Food Stores was represented by Geoffrey m. Wardle, af`Hawley, TrOxell Emus and Hawley, Boise,. Respondents, Idaho Transportation Department were represented by Deputy Attorney General Steven Parry. Far reasons stated herein, the final Order issued by the Director of, the Idaho Transportation Department is vacated and this matter is remanded to the Idaho Transportation Department for further proceedings consistent with this decision. Memorandum Decision . I Page -- 1 p Summary of Facts and Procedural history facksons Food. Stores applied far an access on Eagle Road just south of'Pine Avenue. The property is located on the southeast quadrant of Pine Avenue and Eagle Road, Prior' to .Jacksons' acquisition of the property, the Dobar•an family owned and used the property for, agricultural purposes.. The Idaho Transportation Department initiated a condemnation proceeding to acquire right of'way for the expansion of'Eagle Road.. In April 1989, the Idaho TM-rspoxtation Department and the Dobarans entered into a stipulation for. settlement of this condemn ation action„ The stipulation resulted in the entry of'a condemnation judgment C second judgment") containing specific terms agreed upon between the Idaho Transportation Department and the Dobarans.. The second Judgment contains four• paragraphs that are at issue in this lawsuit. o Paragraph 5 of the second,judgment states: IF Plaintiff•[the Idaho Transportation Department] will construct, at its sole cost and expense, one 40-foot approach at Station 89=18.17 (easter•1y) side of Proj ect F-FR-3271(44)., O Paragraph 6 states: Plaintiff hereby grants to Defendants [the Dobarans] or their successors or, assigns the right to construct in the future, fox• development purposes on the property, a right of access for a 60-foot wide light -of --way for a 41-foot back-to-back ofcux•b public street approach between 86+00 and 88+50„ The cost of the construction of this approach shall be at the expense of Defendants or. thew successors or assigns.. o Paragraph 7 states: Plaintiff'further grants to the Defendants or their successors or assigns the right to close the access points referred to in Paragraph 5 and 6 of. this Judgment and construct, at its sole expense and cost; a right of Mexnorandurn Decision Page -- 2 access for a 60-foot wide right-of-way for a 41 foot back-to-back of curb approach between Stations 86+00 and 89+18., o Paragraph 9 states: • All points of'access, other than those described herein, between the subject property and Eagle Road are extinguished„ After the second judgment was entered, a forty (40) foot approach was constructed at Station 89+18.38 on the east side of Eagle Road, which was then blocked by a gate. At the time, Pine Avenue did not extend to Eagie Road, and the Eagle Road -Pine Avenue intersection did not exist. Ins 2001, the Ada Cor-,ty Highway District constructed the Eagle Road -Pine Avenue intersection. This intersection covered the approach and the gate located at Station 89+18.38, which was provided in the second condemnation judgment., Dobaran conveyed the property to Van Auker, and on March 9, 2005, Van Auker deeded the property to ,Tacksons. The legal description of the property coincides with the southeast corner of the Eagle Road -Pine Avenue intersection, and references the second judgment as applying to the subject property. By 2005, the area surrounding the property had developed and Eagle Road had become a Type IV arterial. Eagle Road at the intersection of'Pine Avenue contains four lanes with a double left turn signal proceeding from the northern portion of'the intersection onto the southern portion of'Pine Avenue, with a double left turn lane on the east portion of'Pine Avenue directing traffic in a southerly direction onto Eagle Road. Eagle Road does not contain a right turn lane at the southern portion of 'the intersection of Eagle Road and Pine Avenue, adjacent to what is now the Tacksons., property. Memorandum Decision Page -- 3 Since receiving land use approval from the City of Meridian, Jacksons has developed a convenience stare, car. wash and fueling facilities on the property, together with a training facility for Jacksons' employees.. The Property has an approach directly onto Pine Avenue, which is limited as a right-in/right-out approach.. The subject property also has a full access approach on adjoining property to the east through a cross -access agreement. In ,Tune of'2005, Tack Davis, on behalf of Jacksons and as directed by the Idaho Transportation Department's district traffic engineer, Dan Coonce, filed for• a right-of- way encroachment application and permit, designated as a "new approach" on Eagle Road at ,Jacksons' property.• The proposed approach was for alight -in only approach onto .Jacksons' property off'Eagle Road at the southwest coiner of 'the Eagle Road -Pine Avenue intersection.. With its application for the right-of-way encroachment, Jacksons also provided a traffic impact study to the Idaho Transportation Department. The right turn lane and the traffic impact constituted a mitigation plan, which, if accepted, would improve safety and the operation of the intersection.. The proposed right turn lane, which Jacksons proposed to construct at its cost and expense, included a taper ,lane_ The right -in only approach would be located approximately 100 feet from the beginning of the taper lane, leaving a 300 foot deceleration lane extending to the pine Avenue intersection. On .June 24, 2005, Nfr. Davis was notified in writing by Kevin Sablan, P..E.., an the Idaho Transportation Department district assistant traffic engineer, that the Idaho Transportation Department would recommend denying the application.. Memorandum. Decision Page -- 4 As required by the Idaho Transportation Department, Tacksons had submitted an application, together with supporting materials, for an encroachment permit for access from Eagle Road to Jackson' property some time prior to June 14, 2005. The traffic impact study, prepared by Pat Dobie together with mitigation plan set forth therein had been submitted with the application., As set forth in Section 3.6 of the Idaho Transportation Department's standards found in "Access Management: Standards and Procedures for Highway Right -Of -Way Encroachments," the Idaho Transportation Department Staff, not the applicant, is actually responsible for completing applications and identifying necessary information., On June 14, 2005, Dan Coonce wrote to Jack Davis and indicated that ,Jacksons needed to provide the frling fee and three sets of plans to complete .Jacksons' application. On .June 24, 2005, Kevin Sablan informed .lacksons that the °GDIStriCt'S recommendation is for denial as it does not meet spacing requirements for Type IV access control" and further that a `variance is required to allow the access" and that the Idaho Transportation Department would go ahead and commence processing the application for a variance "as we are sure you want the variance.," On July 12, 2005, Mr. Sablan wrote to .Jacksons informing it that the application and request for variance had been denied, and that Tacksons should appeal the Idaho 'Iransportation Department's decision to the district traffic engineer-,. Jacksons appealed that decision to the district traffic engineer on July 19, 2005. The district traffic engineer indicated in a letter dated July 21, 2005, that the matter had been forwarded to the Idaho Transportation Department's legal staff for consideration, On .July 21, 2005, Mr. Sablan transmitted the matter, to the Idaho Transportation Department's legal department Mernoiandum Decision Page -- 5 indicating the reasons that the application, and apparently the request for a variance, were denied. Thereafter, On August 8, 2005, a meeting was convened by the Idaho Transportation Department's legal and engineering staff'with Tacksons' representatives, traffic engineer and counsel. The Idaho Transportation Department staff indicated for the first time a,, that meeting that the approach application and variance request would be denied because the Idaho Transportation Department staff•believed the Idaho Transportation Department had acquired all the access for the property via the second judgment and decree of Condemnation second judgment entered in the matter of'State V. Dobaran, which involved the Idaho Transportation Department's 1989 condemnation action ofreal property now owned by ,Jackson,. At that meeting, the Idaho Transportation Department's legal counsel provided a copy of the second judgment to ,Jacksons. Counsel for .Jackson responded to this new argument by the Idaho Transportation Department Staff'in a letter dated August 22, 2005. Thereafter, on August 31, 2005, the Idaho Transportation Department's legal staff'issued the final agency action, denying .Jacksons' application and variance request.. Tacksons appealed that decision.. The Idaho Transportation Department named a hearing officer and a hearing was held on December, 20, 2005. The hea-ing officer - issued his findings of fact, conclusions of law and preliminary order- on March 20, 2006. The preliminary order found that the Idaho Transportation Department had improperly denied Jacksons a variance and that the Idaho Transportation Department Staff acted in an arbitrary manner. Memorandum Decision Page -- 6 On April 3, 2006, the Idaho Transportation Department staff' appealed the preliminary order to the Idaho Transportation Department., The Idaho Transportation Department staff'submitted its opening brief on April 28, 2006, bringing up for the first time entirely new arguments that the Idaho Transportation . Department staffhad not previously raised to the hearing officer regarding the conditions of approval imposed upon Jacksons' land use applications by the City of'Meridiano The Idaho Transportation Department staff introduced only select excerpts of'the City of Meridian's file regarding Jacksons' land use applications. ,Jacksons responded on May 12, 2006, offering the complete land use files maintained by the City of'Meridian regarding Jacksons' land use applications. The Idaho Transportation Department staff'submitted a reply brief'on May 26, 2006, raising another new argument, arguing that Meridian's zoning code barred Jacksons' application. However, the Idaho Transportation Department staff'failed to disclose that the sections it cited had actually been adopted by the City of'Metidian after .Jacksons' land use applications had been acted upon and after Jacksons had applied to the Idaho Transportation Department for access from Eagle Road. Jacksons filed a sur-reply on May 31, 2006, not only identifying that the Idaho Transportation Department staff'had failed to disclose that the ordinances the Idaho Transportation Department staff'relied upon were adopted after Jacksons' applications were approved by the City of Meridian, but also identifying what it claimed to be misstatements and misrepresentations of fundamental principles of•Idaho law made by the Idaho Transportation Department staff' in its reply brief: The Idaho Transportation Department staff filed its final btief'in this matter on June 9, 2006. the Director issued his Findings of Fact and Conclusions of'Law Memorandum Decision page -- 7 and Final order on August 3, 2006, apparently relying upon new evidence that the Idaho Transportation Department cited in its appeal.. Thereafter, Jackson Food Stores initiated this petition far judicial review Issues and Analysis The Idaho Transportation Department staff have offered numerous, different, and inconsistent reasons for the rejection of'Jacksons' application and variance request.. At every step of the review of'Jacksons' application and variance request, the Idaho Transportation Department has espoused new and changing theories to justify the Idaho Transportation Department's actions.. First, in the initial denial of'Jacksons' application for an approach, Mr., Sablan stated that the Idaho Transportation Department siaff'was recommending denial because the application "did not meet spacing requirements.," Second, on August 8, 2005, a meeting was convened by the Idaho Transportation Department's legal and engineering staff with ,Jacksons' representatives, traffic engineer and counsel attending.. The Idaho Transportation Department staff indicated for the first time that the approach would be denied because the Idaho Transportation Department believed that it had acquired all the access for the property via the second judgment., Counsel for Jacksons responded to this new argument is a letter dated August 22, 2005.. Third, on August 31, 2005, the Idaho Transportation Department's counsel forwarded a letter to Jackson which asserted for the first time that the application and variance request were being denied because it was the opinion of'the Idaho Transportation Department's engineering staffthat granting "an additional access off of'Eagle Road" would `not improve the safety or operational characteristics of'Eagle Road," that Memorandum Decision Page — 8 Jackson had failed to provide the Idaho Transportation Department "with its deeded right of access" as part of its approach application, and that regardless of whether Jacksons had a right of access per the Second .Judgment such right was extinguished by the Idaho Transportation Department's regulations. Fourth, during the hearing before the hearing officer-, the Idaho Transportation Department offered two new theories as to why it had rejected Jacksons' application and variance request.. For the first time the Idaho Transportation Department's engineers complained that .Jacksons' mitigation plan was unsafe and failed to improve safety at the intersection and complained that Jackson' proposed design interfered with ITD's future plans for the intersection. The hearing officer in issuing the preliminary order rejected the justifications raised by the Idaho Transportation Department for, denial of'Jacksons' variance request by the Idaho Transportation Department. Fifth, the Idaho Transportation Department appealed to the Idaho Transportation Department's Director, initiating what became a de novo process where the Idaho Transportation Department staff abandoned the theories they had espoused previously, again offering new and previously undisclosed evidence to advance new arguments and new justifications for the prior decision.. In its opening brief to the Director, the Idaho Transportation Department staff initially argued that ,facksons had waived its right to access when it obtained the necessary land use approvals from the City of'Meridian to permit it to develop its site, arguing that ,Jackson had withheld information from the Idaho Transportation Department and the hearing officer and then offered excerpts of the City of'Meridian's filed related to Jackson' land use applications,. Jackson responded by proferring evidence it would offer to the hearing officer if the matter was remanded Memorandum Decision Page -- 9 for further fact finding, which evidence contradicted the Idaho Transportation Department staffs claims. Sixth, in its reply brief'submitted to the Director, the Idaho Transportation Department staff espoused another new theory to justify its denial of Tacksons' application and variance request.. The Idaho 'Transportation Department staff asserted for the first time in its reply brief'the existence of'Meridian City Code Section 11-3H-4 to support its position that Meridian denied and deprived Tacksons of a right of access from Eagle Road, The Idaho Transportation Department staff'represented that .Tacksons' position was "not supported by the current Meridian City Code.." The Director has the power under ITD regulations to accept or reject the proposed ruling of'the departmental hearing officer, and the Director may substitute his findings and conclusions for those ofthe hearing officer. But the ultimate decision ofthe Director - must be based upon facts in the record.. Where the Director disagrees with a fmding or conclusion ofthe hearing officer, he must state with particularity the basis for his disagreement, which must be founded upon evidence in the record.. Where, as here, the agency submits new evidence on appeal, the Director must either reject the new evidence and make his decision on the record as found by the hearing officer, or return the entire case to the hearing officer to allow the hearing officer to consider the new evidence and incorporate it into the hearing officer's findings and conclusions. The Director may not, as it appears was done in this case, simply accept the agency's contentions on the new facts and make his decision based thereon without regard to the hearing officer's findings. For these reasons, I conclude that the final order should be vacated and the case remanded to the Director for further proceedings, The Director should either consider a Memorandum Decision Page -- 10 final order within the record as established by the hearing procedure, without consideration of new evidence, or- remand the matter to the departmental hearing off cei- with directions to rehear- the matter- in light of the claim of new evidence. If the Director is to disregard any findings or conclusions of the hearing officer, the Director is cautioned to do so with particularity, explaining the basis for- his disagreements, and ensuiing that the final order is founded upon the actual record established before the hearing officer Conclusion For, reasons stated, the final order- issued by the Director of the Idahc Transportation Department is vacated and the matter remanded to the Idaho Transportation Department for further proceedings consistent with this opinion. Dated this a day of May, 200T (` D Sr, .fudge D..'Duff McKee Memorandum Decision Page -- 11 CERTIFICATE OF MAiLIl,TG I hereby certify that on this � day of May 2007 I mailed a true and correct copy of' the within instrument to: GEOFFREy M.. WARDLE Hawley Troxell Ennis & Hawley LLP 8 77 Main Street, Suite 1000 P.O. Box 1617 Boise, Idaho 83701-1617 STEVEN M.. PARRy Deputy Attorney General Idaho Transportation Department 3311 West State Street P.O. Box 7129 Boise, Idaho 8.3707-1129 J. DAVID -NAG'`ARRO Clerk of e .District Court By: c� Deputy Court. CleTk Memorandum Decision Page -- 12 STATE OF IDAHO OFFICE OF THE ATTORNEY GENERAL LAWRENCE G. WASDEN November 9, 2007 Geoffrey M. Wardle Hawley Troxell Ennis & Hawley P.O. Box 1617 Boise, Idaho 83701 Re: Permit Application No. 03-05-392 Jackson Food Stores Dear Geoff: This is in follow up to our telephone conversation of Thursday, November 8; 2007. I have enclosed a copy of both the draft of the cover letter to the City of Meridian, and the proposed Right of Way Encroachment Permit 3-05-392. As I indicated to you by telephone, the client wants to sit down with the City of Meridian and explain to the appropriate City officials why ITD is changing course on this permit. The permit is, after all, for a 20' right -in driveway with 200 vehicle -per -day volume. No meeting date has been arranged. ITD would intend to give the City the letter at the meeting. We have modified Special Provision paragraph 2 of the permit that will require some modification in the design of the approach. This modification is to allow for the third lane of through traffic on north bound Eagle Road. As I discussed with you by telephone, the third through lane of traffic on Eagle Road is being proposed by a property owner to the north, and at present has an application pending before the City. I believe that all of the conditions are contained within the proposed permit. If you have questions or think we should meet, please feel free to contact me. Sincerely, Steven M. Parry Deputy Attorney General cc: Greg Laragan Brent Jennings Scott Gurnsey Kevin Sablan NOV13207 Contracts & Administrative Law Division, Transportation Department P.O. Box 7129, Boise, ID, 83707-1129; Telephone: (208) 334-8815; FAX: (208) 334-4498 Located at 3311 W. State Street, Boise, Idaho, 83703-5881 CC: Greg Laragan, Assistant Chief Engineer Steve Hutchinson, Chief Engineer Steven Parry Geoff Wardle (Jacksons) Dave Jones, District Three Engineer 1 A Re: Jackson Food Store / Southeast Corner of Pine and Eagle Road J Meridian Conditional Use Permit 05 -034 Dear Planning Administrator Previously the Idaho Transportation Department (ITD) District Three had communicated with the City of Meridian its objection to the proposal by Jackson Food Store (Jacksons) for a Right In access off of Eagle Road that would service their convenience store and motor fuel outlet. After further consideration of this issue, ITD is withdrawing the objections set forth in the April 18, 2005 letter from Dan Coonce and the February 8, 2007 letter from Sue Sullivan to the City of Meridian. Enclosed is a copy of the Right of Way encroachment permit ITD is willing to execute granting the limited Right In access to their facility. The basis for ITD granting a variance to its rule on access spacing is that Jackson has a deeded right of access to Eagle Road which was issued prior to implementation of ITD's current access policy. ITD's Hearing Officer made a specific finding that when ACED constructed the intersection of Pine and Eagle the Right -of -Way Encroachment Permit for Pine created a new access point to Eagle Road. It Was determined that the new permit did not extinguish the existing deeded right of access possessed by Jackson predecessor. One of the unfulfilled conditions prior to ITD'''s Chief Engineer issuing the final permit is that Jackson obtain from the City of Meridian the required modifications, if any, to its conditional use permit and certificate of zoning occupancy removing the no direct access to Eagle Road condition. If you have further questions concerning this matter feel free to contact our counsel, Steven Parry at 334-8814. Sincerely Scott Gurney Assistant District Engineer Idaho Transportation Department ITD2109 (Rev.,o-02) Right -Of -Way Encroachment Application And Permit Approaches And Other Encroachments _ Permit No. 2 G2S -3 ,2 Issue Date Project No. \ Route :5 H S s Segment p ZOO s Milepost / -2. SG ®tT C!L Station RT LT C/L -M.FR1Q[P,K ADA 3_15` to ?IME 475 / N/O M1,1GRc.thiL CT City/County Distance from Nearest Approaches in both directions. ` Sight Distance: RH > loon' Ft. LH �> I WC) Ft, Posted Speed 5 5' M V.H Fee $ GPS Coordinates: Latitude Elevation Ff ❑ Inspection Fee Required $ ❑ Performance Bond Required $ Traffic Impact Study Required ❑ Appraisal Required Access Control Type (I-V) �_ Rdwy Type (Urban, Rural). No, of Lanes 5- Median Type T WILT L, Access Permit Type: ® New Approach ❑ Modification �❑ Exchange ❑Change in Use ❑ Joi t Use a3 s > u � a r� 1 a g � S � c�vvs-� 'C � �c,r\ �rD C . t5 c=ZE� Quantity(ies)' Width / Size Multiple Approaches Est. Volume (Vehicles/Day) ' Approach(es) ) 20 ❑ Yes See Attached Z cc) V/p D Culvert (if req'd) ❑ Yes See Attached Approach Type Resldentiai SF, MF , Commercial LT, H , Agricultural Business T e Other (explain) Longitude Attach the following: 1. A copy of the Encroachment Checklist and all applicable documents. 2. Written authorization from the owner (if needed). 3. Plans or drawings (3 sets) showing proposed work, approach locations, drainage details, landscaping, striping plans, and traffic control. (include Department roadway alignment or project plans when available.) 4. Special Provisions and Traffic Control Plans. S c_ L (--t-'Cf�-E E—=C::) Owner's Name Address City State Zip Owner's Signature Owner's Phone - Owner's Fax DA05 3+50 Camme7xArNL- CT MERIWQ rD 83(-`f'z J Repr ent ve's Name Address city State Zip Zo6- - 95-pe OC6 - MS - 1382 Representative's Signature Representative's Phone Representative's Fax Local Government.Approval When Required By: Signature Title Date Department Approval By: Chief / District Engineer Date NOTE: Permit will be considered Temporary until final inspection and approval by.a Department representative. ITD 2109 (Rev. 10-02) Reverse Side General Provisions 1, During the progress of all work, traffic control devices shall be erected and maintained as necessary or as directed for the protection of the traveling public, -All traffic control devices shall conform to the Manual on Uniform TrajTIc Control Devices for Streets and Highways (latest edition), Parked equipment and stored materials shall be as far from the main traveled way as feasible. Items left overnight within 30 feet -of the main tray," wa �> be marked and/or protected, 2. By signing this permit, the permittee, his designated representative or successors, agree to indemnify, save harmless, and defend regardless of outoorn the State from the expenses of and against all suits or claims, including costs, expenses, and attorney fees that may be incurred by reason of any act or omission, neglect, or misconduct of the permittee or its contractor in the design, construction, and maintenance of the work, which is the subject of thi permit. 3. Approaches shall be for the bona fide purpose of securing access and not for parking, conducting business, or servicing vehicles on the highway right- of-way. 4. Any disturbance of the highway and/or traffic control devices shall be restored to the satisfaction of the District Engineer, 5. If the work done under this permit interferes in any way with the drainage of the state highway, the permittee shall, at his sole expense, make such corrections as necessary or as directed by the District Engineer. 6. Upon completion of the permitted work, 0 rubbish and debris shall be immediately removed from the work area to the satisfaction of the District Engineer 7. All work herein permitted shall conform to current government and industry standards under the supervision and to the satisfaction of the District Engineer, and the entire expense of said supervision shall be borne by the permitte-e. B. This permit or privilege granted under ITD 02109 shall not be deemed or held to be an exclusive one and shall not prohibit the State from using any of its highways, streets, or public places or affect its right to full supervision and control over all or any part of them, none of which is hereby surrendere� The Department reserves the right to make at any time such modification, addition, repair, relocation, or removal of an ekisting encroachment(s) or its appurtenances or any encroachment(s) or subjects) authorized by this permit within the highway right-of-way as may be necessary to permit the relo- cation, reconstruction, widening, and maintenance of the highway and/or to provide proper protection to life and property on or adjacent to the highway, 9, Any modification, relocation, or removal required due in part to negligence ofthe permittee shall be made at -the sole expense of the permittee. All such modifications, relocation, or removal by the pernriace shall be done in such'a manner as will cause the least interference with the traveling public or any of the State's work. 10. The Department may revoke, amend, amplify, or terminate this permit or any of the conditions herein enumerated if the permittee fails to comply with any or all of its provisions, requirements, or regulations as herein set forth or through willful or unreasonable neglect, falls to heed or comply with notices given, or if the approach, structure, or subject herein granted is not installed or operated and maintained in conformity herewith. 11. The permittee shall maintain at its sole expense the encroachment for which this permit is granted 12- Inspection of the permitted work may be performed at any time to ensure compliance with the requirements of this permit The State shall be reimbursed by the permittee for any additional inspection required under the Special Provisions of this permit 13. The permittee shall furnish all material, labor, and equipment involved in the construction of the approach and its appurtenances. This shall include furnishing drainage pipe of a size specified on the permit (12-inch minima), curb, gutter, concrete sidewalk, etc., when required. Materials and workmanship shall conform to cement government and industry standards and am subject to inspection by the Department 14, No work shall commence until the permittee is given notice to proceed by an authorized r eprescntad- of the Department The peanittee shall notify. the Department five (5) woddug days prior to commencing the permitted work if wodc does not commence immediately upon notice by the Department. 15. Anycation, relocation, or removal of an encroachment or subject granted by this permit shall require a new permit prior to commencement of FGch *Attach reasons) for dental and/or recommendatlons for variance, SPECIAL PROVISIONS FOR PERMIT 3-05-392 This permit fulfills the conditions of access granted with respect to the Second Judgment and Decree of Condemnation dated April 21, 1989 in the case of Idaho Transportation Board v. Deboran, Ada County Case No. 91481. A copy of the Second Judgment and Decree of Condemnation is attached: L Jacksons shall obtain from the City of Meridian and provide to ITD the required modifications to its conditional use permit and/or certificate of zoning occupancy. If no modifications are necessary then a letter from Meridian's Planning and Zoning Administrator stating such will be sufficient. 2. Jacksons shall be allowed to construct at its sole cost a Right In approach at the location shown on the permit application and construct the improvements to State Highway 55 generally in accordance with the Transportation Impact Study prepared by Dobie Engineering Inc., dated May 13, ZOOS. The Design shall assume that there will be a third lane north bound of State Highway 55 within existing Right of Way which will be a through lane from the Interstate to approximately Fairview Avenue. Any Deceleration lane for the Right In approach shall be constructed outside of the third lane of travel either on ITD right of way or on private property. Attached to these Special Provisions is a previous design concept for a limited approach with a compressed deceleration lane that met ITD's design standards. The approach shall utilize -a design that ensures it will only be used as a Right In approach for the Jacksons facility. The approach shall be designed to meet ITD design and safety standards. 3. - Prior to any work within the highway right of way, construction and traffic control plans shall be reviewed and approved by ITD. 4. Jacksons shall comply with ITD's standard conditions for construction of approaches and encroachments which are attached. Attached and incorporated by reference are Special Provision 1 — Traffic Control, Special Provision 4- Ballast requirements for approaches, Special Provision -5 Widening of Roadways by Permit, Special Provision -10 Materials and Workmanship, Special Provision -11 Monumentation, Special Provision —Seeding and Appendix C from ITD Access Management Policies, Auxiliary Lane Figures. 5. Jacksons shall secure construction inspection and materials testing and inspection services for ITD to ensure compliance with ITD construction and material requirements. Firm(s) retained to provide these services shall be approved by ITD prior to work within the highway right of way. ITD has a list of approved firms. i Chir d n Blvd. (SB9'45'40'M PropertyLine Existing Curb a Guner Owl 274+74.58 Sta. 274 +tj0 1 _ 0 � 7.5' Existing Shoulder (Edge Line to Face If Curb) I Existing Storm Drain Irl'I Sta.273+00 Remove Existing Curb a Guner . I p 90a �� •t2 I 11 tl I I 55.0' fE to Face of New i 14 I I Curb 11 I, 11 It I j 15.0' Wide Turn Bay (Edge Line to Face 11 I I of New Curb) Property Line� I I I 11 I U Il I II I b Ste.272+00 II I 2 ! tl I m f 60' RAO Back I v 11 of Curbnn II c ift l t 1 �� j .\� I .�� Wj Existing Curb a Gutter To Remain t � CD `_- j7�C = LAP-- LCc I FF S92069S ROBERT L. TRABERT Chief Legal t;(j PATRIC K W. FANNING STEVEN M. PARRY Attorneys Idaho Transportati-on department P.O. Box 7129 Boise, Idaho 83707-1129 Telephone: (208) 334-8815 rya copr f;;- p`'_�- -- APR 2- jOHN UASTIDA. By FFBECCA CASTAN'EDA OrPurr IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA THE STATE OF IDAHO, ex rel, } JOHN M. OHMAN, MARION } DAVIDSON and PHIL BATT, ) IDAHO TRANSPORTATION BOARD, ) ) Plaintiff, } -Vs- } } JOHN DOBARAN and ARVELLA ) DC3ARAN, husband and wife; ) and JOE DOBARAN, a single ) man, ) Defendants. } } Case No. 91481 SECOND JUDGMENT AND DECREE OF CONDEMNATION 8 THIS COURT on the 11Lhday of April, 1939, having entered Judgment adjudging that the Defendants have and recover from the State of Idaho the sum of Fourteen Thousand Five Hundred Fifty -One and. 86/100 Dollars ($14,551.86), including interest and costs of quit, and the Plaintiff having fully satisfied said judgment; NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 1. That the use to which the property condemned herein, anti hereinafter described, will be put, to -wit, a public highway, is a p•-bl is use and authorized by law. SECOND JUDGMENT AND DECREE OF CONDEMNATION - 1 EXHIBIT a 2. That the taking of t:le property and property rights condemned herein, and hereinafter describedl, is necessary to and for the construction of that certain public highway known as state Highway No. 55, Project No. F-FR-3271 (44) . 3. That the hereinafter described property and property rights be, and the same are condemned and taken by and for the use of the State of Idaho. 4. That the property condemned and taken herein is situate in Ada County, State of Idaho, and is more particularly described as follows: See Exhibit "A" attached 'hereto and made a part hereof. 5. Plaintiff will construct, at its sole cost and expense, one 40-foot approach at Station 8971C.17 (eas'terly) side of Project F-FR-3271 (44) . 6. Plaintiff hereby grants to Defendants or their successors or assigns the right to construct in the future, for development purposes on the property, a right of access for a 60- foot wide right-of-way for a 41-foot back-to-back of curb public street approach between 86+00 and 88+50. The cost of the construction of this approach shall be at the expense of Defendants or their successors or assigns. 7. Plaintiff further grants to the Defendants or their successors or assigns the right to close the access Saints referred to in Paragraphs 5 and 6 of this Judgment and construct, at its sole expense and cost, a right of access for a 60-foot wide right-of-way for a 41-foot back-to-back of curb approach between Stations 86+00 and 89+18. SECOND JUDGMENT AND DECREE OF CONDEMNATION - 2 B. The existing 17--oot ditch rider approach located at Station 85+54 Right (easterly) shall be constructed by the Plaintiff and at its sole cost and expense and shall further bP for the sole use of the ditch company. If the property is developed in the future in such a manner that the ditch rider access point at Station 85+54 is no longer necessary, it shall be removed. 9. all points of access, other than those described herein, between the subject property and Eagle Road are extinquished. 10. That the fee simple title to the tiereinabove described Parcel No. 24 be, and the same is vested. in the State of Idaho. DATED this -1 day of April, 1989. ROaE t•i G. NEWHOUSE DISTRICT JUDGE "ATE OF IOAHO COUNTY OF ADA So. ! JOHN FASTIDA, C! V--'i OF THE 0:STr.:C7 COURT GF THE FOURTH JIJ�IC:.b_ D;S;R!Ct r,E 7::? =i:'T= C I"J"), IN �.':•� FOP THE COUNTY 0; AD GC N2 CF"'I'i?Y TT :I,T Y i° P0E _: Olt`^: IS A TRUZAtIDCOR:-I:TC:,; Y:; it;:= ;';�fr�� ;•r_L':FILEI'�IIr"JOFF,CE. II\'t�lildc3j Yd! cCr, I X"' - Ii�.iL_: ' • . � _. FIXEDAYOFFICALSEAL7H15aZC:;'(Cr JOHN EASTIGA, CL:Ft BYDEPUTY. Me CourQr. I&ho go ;vwct of r ,a- TIME 7 DATE JOHN D. STID CeF n SECOND JUDGMENT AND DECREE OF CONDEMNATION - 3 P:a-e:t No.F-=R-3271(4-4) ParC21Na.2;, Id. ?7a. 31900 Kay Na. 4350 ; PARCEL No. 2; A. Pa_=el C_ land being t .a ..astarlside ci t: a centerT _'a Road , Proj ec _ lc . F-: .-3 2 7 1 (44) fi-c :way Scz-rey as s;.own on t ther=v= now on file int e o==ice of t :e _dano T:snsoOr_sC_cn Deoar men`, ! ivis_cn of - ^- �+ c a_:3, and be_ _ a portion Cf t: e V;7_J?i-_ - teen 9, Townshi_ 3Nvrta, Rance I Last. Raise Mericia de oQ_VS c - as follows, to- —it: 3eci::niag a- the Northwes� cor:,e_ of the MNv S'Nh oz Se�__or _- 3 Norc:', R3 C2 1 East, Boisa i c� ridian; r. t'^_nce Eastarl_v alone the Nero`h line of said N-7>S:vh a dist=nce of 70.0 fe3_, *rc-_ c.- less, to a caznt in a 1;^e parallel w=_, and; 70.0 fee.- =aster!v f:am t:e ce:tte_l'n- and bears ;ou=1 83031'430"East form Sta- tion 89+53.'.7 0: said Eagle Road, Project No. F-FR-3271(41) _ichway Survey; thence South 1*29117" west alone said c-arallel line'413.50 fen: to a . point in t`:_ Northerly li, of the tract of lard as descr__e_ by the Het_s and Bounds Description of tie exception in that c_rt_in WE-Crant7 Deed dated April 28,:1967, recorder? Decerber 19, 1979 as Iastrsze^t Na. 7963624 records of Ada County, Idaho, uric^ L,ortherlr line is co "c=- dent with the Nortlerl�_J line of Lot 1 of Block 2 OL (7a,:1Z_r:2 Park •Si: - division, according to the plat there file= in 300< 45 of _o1=t_ at paces 3 721 en� 3722, records of ;.da count-r, Idaho;. thence alone the irregular Ncrtlherly lire of said tract o land as follows: South 84019'57" Guest (shcwn of recar3.to be South 82°31'12` West) 32.10 feet to a prop«irty corner; South 21491331 hest (shown of record to be South 1°21118" west) 43.53 fees, North 8s°1312l" West (shown C� record to be Nor- 86°41'tiS" nest) 12.14.feet to tie most Westerly corner of said tract of land being a point in the Easterly ricnt of way line of existing Eagle Road and bears South 88°31'43' East - 25.0 feet from Station 8;+48.08 of said F_ighway Survey; thence '_wart: 88131'43" 'Rest - 25.0 fee: to a point in the *lest line of ..-aid MO S' h; thence 'Northerly along said Tips: line 450.0 feet, more or less, to PLkCT_ CF 3':r=Nii=NC;. E1chway Station ?fie=er_nce. 8yT98.03 to 89-53.17 The area above described contains aonroximately 1.5721 acres, 0.8294 acres Of which is acknowledged to be a portion cf a public road, Face I of 2 P.oje_= No. F-7R-3271(44) Pa:zel No. 24, -Id. No. 31900 . a,r Nc. 4350 An-r r_= .t of Wav fancina to be coilsis not to Ges-,=:a = tZ� I^r'JL2r`-r 1 r-:1a nc anI V�__�.= SJ ?nCa ie=:Jea �:� ICC?t_oc C an r_C �t a= way fencinc and the actsa? nrap:r-'r Ii e as c�e_a_n descr.bedy S,-a1 T rcJ be constzuea as a mcEif-_cac_on or�altzra=_cn C: t:_.5 AND ALSC: PARCEL N0. A teal_c:a= easament to go upon., occupy and use a st_ io of land 5.0 -" feet wic-e in a portion of the of Secticn 9, To4-_hiz 3 Nor hl Rance 1 Lasc, Boise Meridian„ the Westerly side Oi W hiCh t_ ' ..aSt?r1V S-;'�.E' of the 2bOVaL^.2LC2- oL 13C:d (?3rG31 ,;a. 211 and lying between the Nort'her1y 14-- or Lo= l c: 8lac-C 2 of Cca:ae_ _e ?_r;c Sulod_-, i= ion, Ada Ccent'_r, Idaho and t _ uert:Z lies of sa__ N.ity�t v and Containing a^.croxjmate1V 0.0-1/4 acres for t _ Ourzose of const=uccinc thereon an irrigation ditch and/or pine=i:_ and facilities tccet _. with the right and pri;Tilece of ine_C_ss and ec_ezL to and fr=zm said croaerty for said purgosa. Pace 2 of 2 SPECIAL PROVISION 1-TRAFFIC CONTROL All Traffic control plans will be approved by the District Traffic section before work begins. All flagging personnel shall have a current State of Idaho flagging certification. Covering of temporary construction signs or turning of the signs so they do not face traffic is PROHIBITED. All temporary signs and sign supports SHALL BE REMOVED from the work zone or moved at least15 feet from the edge of the traveled way and laid flush with the surrounding ground when no work zone activity is taking place for a period of 1 hour or more. On the following highway sections all work involving Lane Closures or Lane Restrictions will be done as night work. Night work is defined as between the hours of 1 OP.M. and 5A.M.1: I 84B M.P. 0.948 — 0.150, 19.680 — 20.520, 50.080 - (Caldwell/Nam a business loop) 61.797 SH 55 (Eagle Rd.) M.P. 11.233 (I-84) to M.P. 18.004 (SH-44) SH 44 M.P. 0.000 (I-84) to M.P. 21.814 (Glenwood St.) and M.P. 1.310 (State St.) to 0.00 (Chinden US 20/26 M.P. 24.94 (I-84) [Caldwell] to M.P. 52.812 (I-84) [Broadway Interchange] 184 M.P. 24.839 to59.920 1184 M.P. 0.00 to 3.620 (This covers from I-84 to US 20/26 M.P. 47.290 to 48.512 13`h St., the Connector) No work will be allowed during hours of 6:00 A.M. to 8:30 A.M. and 4:OOP.M. to 7:00 P.M. on the following highway sections*: US 20/26 M.P. 24.94 (I-84) [Caldwell] to M.P. 52.812 (I-84) [Broadway Interchange] SH 44 M.P. 0.000 (I-84) to M.P. 21.814 (Glenwood St.) and M.P. 1.310 (State St.) to 0.00 (Chinden) SH 16 M.P. 0.000 (State St.) to 13.927 (SH-52). SH 55 M.P. 10.61 (Farmway Rd.) to M.P. 16.18 (Nampa/Caldwell Blvd.) M.P. 11.233 (I-84) to M.P. 18.004 (SH-44) (Eagle Rd.) M.P. 44.645 (SH 44) to M.P. 47.144 (Beacon Light Rd.) SH 45 M.P. 23.71 (Ruth L, SH 69 M.P. 1.442 (Orchan SH 21 M.P. 0.00 (Jct. I 84) ✓� c k- fir, � o s--�-ova *All other locations will be approved on an'-..—.__- Revised 9/12/07_.-- No work will be allowed during hours of 5:30 AM to 9:00 AM, during the noon hour and 3:30 PM to 7:00 PM on the following highway sections`: 184 M.P. 24.839 to59.920 1 184 M.P. 0.00 to 3.620 (This covers from I-84 US 20/26 M.P. 47.290 to 49.681 to Broadway Ave.) *All other locations will be approved on an individual basis. HOLIDAY WORK: No work shall occur during Holidays per section 108.04 — Limit of Operations, paragraph three; of the ITD Specifications for Highway Construction. Holidays are defined in Section 101.02. SH 55 from I-84 in Meridian extending north to McCall shall also include the Friday proceeding a three day holiday under the "NO WORK RESTRICTION." Contact information shall be included on the sign identifying contractor or utility company doing work. Revised 9/12/07 Page 2 of 2 SPECIAL PROVISION 4 BALLAST REQUIREMENTS FOR APPROACHES AND MAILBOX TURNOUTS BALAST SECTION FOR APPROACHES: PRIVATE DRIVE PAVED APPROACHES: 0.15' — 34" Plantmix Pavement Class III using Performance Graded Asphalt Binder, PG 58-28 or better. 0.35' — Type `B" 34" Untreated Aggregate for Base. COMMERCIAL AND SUBDIVISION APPROACHES: 0.45' Plantmix Pavement Class II using Performance Graded Asphalt Binder, PG 64-28. 0.5' Type `B" 34" Untreated Aggregate for Base. 1.45' Grar.-,lar Sub Base. BALLAST SECTION FOR MAIL BOX TURNOUTS: Plantmix — Match the adjacent roadway, except where the existing plantmix is thicker that 0.4'. The maximum thickness of plantmix for mailbox turnouts shall be 0.4'. The plantmix pavement shall be 34" Class III using Performance Graded Asphalt Binder, PG 58-28 or better. Base and Subbase — Match the adjacent base and subbase. The ballast section shall be placed no thinner than 0.35' Type `B" %" Untreated Aggregate for base, and 0.70' for subbase. Geotextile — Geotextile shall be placed between the subgrade and the subbase. The geotextile shall function for subgrade separation and drainage. The geotextile shall be Drainable and Non -woven with the strength of a Subgrade Separation Geotextile Type II per 718.07 and with the Permittivity and AOS of 718.05-Drainage Geotextile. Revised 8-15-06 f � TYPICAL SECTION Tur- NOT TO SCALE 1.00 ft (Minimum-) Sow Cut (Typlcol) I S-2 / (Type Varies 1.00 ft (Minimum.) 0.45 ft (2 Lifts) of -Y4' Pla7Aggregate Povement,Closs 11 Using PG 64-28 binder (Typical) 0.50 ft of 4' Untreated for Base, Type 'B' (T ypica1.45 ft of Granular Subba Dralnable,Non-woven Subgrade Separation Geotextlle Type 11 Tl�e saw cut of tle existing pavement stell not be located In tM wi7ae1 p?th of tt. new lanes. The' location Of the saw cut sfbuld be located to fall close to a lane line after final striping and not in a wl7eel path. U. E. Earl 24 Ycrch 2006 ...\OLKEE\Typ.dgn 03/30/2006 09:48:27 AM SPECIAL PROVISION 5: Widening of Roadways by Permit Original shoulder width shall be retained. Any widening of the roadway shall include widening to attain original lane widths, original shoulder width and all designs shall meet ITD standards. Widening for center turn lane shall be done equally on both sides of highway. Center of turn lane shall be center of roadway. This provision shall supercede any plans. Revised 1-6-05 SPECIAL PROVISION 10 Materials and Workmanship Al materials and workmanship that are incorporated in the permitted operation shall meet all requirements of Idaho Transportation Department's Standard and Supplemental Specifications for Highway Construction and any pertinent design standards. Revised 1-6-05 SPECIAL PROVISION 11: MONUMENTATION IDAHO STATUTES PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 12 ENGINEERS AND SURVEYORS 54-1234. MONUMENTATION - PENALTY AND LIABILITY FOR DEFACING. If any person shall willfully deface, injure or remove any signal, monument, building or.other object set as a permanent boundary survey marker by a registered, professional land surveyor, he shall forfeit a sum not exceeding five hundred dollars ($500) for each offense, and shall be liable for damages sustained by the affected parties in consequence of such defacing, injury or removal, to be recovered in a civil action in any court of competent jurisdiction. TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 70 TRESPASS AND MALICIOUS INJURIES TO PROPERTY 18-7021. INJURING MONUMENTS, ORNAMENTS, AND PUBLIC IMPROVEMENTS. Every person, not the owner thereof, who wilfully mars, disfigures, breaks or otherwise injures, or molests, removes or destroys, any work of art, monument, landmark, historic structure, shade tree, shrub, ornamental plant, or useful or ornamental improvement, is guilty of a misdemeanor. Revised 1-6-05 0 SPECIAL PROVISIONS —SEEDING PROJECT SEEDING This work shall consist of seedbed preparation and sowing seed on prescribed areas in accordance with these specifications.. MATERIALS Seed shall be labeled and meet the standards of the Federal Seed Act and the Idaho State Seed laws. SEED The following seed mix as marked shall be used on this project: ------------------ Northern/higher altitude sites. Grasses: "Durar" Hard Fescue (FEOVD) "Garrison" Meadow Foxtail (ALAR) "Manchar" Smooth Brome (BRI1) Legume: White Dutch CIover (TRRE) L. LBS BULK SEED/ACRE 10 8 7 2 Total 27 ESouthem/lower altitude sites Grasses: LBS BULK SEED/ACRE "Sodar' Streambank W.G. (AGRI) 12 Siberian W.G. (AGSI) 8 "Ephraim" Crested W.G. 5 Legume: Ladak Alfalfa 2 Total 27 SEASON OF WORK Seeding on this project is to be done in fall between September 15 and November 15. Seeding operations shall not be done when soil is too wet or dry, frozen, or otherwise untillable. 1 n O cr- n; ZO. w''n :? .Z w. > w 0 �W J w Q M U •w W F Q .0 U m Q tt_ X ? x xxxxx k� z U Z U U U U Z U U U Z U Z Z Z I(_) Z U Z U U 0 U U U U U 0 U U 3c r Q O O O CZ)O O O C) r CD O O CDO O O O O O O CD O (0 V CD p V) Z.1' O N r Z) s-- ccpp Cr S'7 O m N rl- C) r C) O O cc O C) O r 6 0 CC O O - m O O c'7 m m m LO CCDD O O M LO O N O' 7 m (n 0 cn N � m v y CO i O C i Co m Q) (�DT LO c; co co r` t` m O 2 (gyp O u'� co m N i� O M m m O r N <4-- O m O O 0 0 1M- O O^ <- ttcOo M m0 O O O 0 0 ...Lq. co m N- co N c0 � r� m N �' m N- m N- co r� m N Ico - I Ic0 � -r (M tO.. m V co _. 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Yz�QJ V) W -vj0 U) U) >C) 0LU F- w wCl:� 0m a Y r 5 0 0 �C� m ��� 0 w cwn���OZ�� Q U O Z O ��Un(wn�v�i» Z w o w- aCr) �_ � z J G¢�UUOUu . m ITD ACCESS MANAGEMENT 3ndards and Procedures for Highway Right -of -Way. roachments Appendix C: Auxiliary Lane Figures ITD ACCESS VANAGEME�7: Standards and Procedures for Highway Right -of -Way E ach rents i UNSIGNALIZED SL = 5V 50' min. 6 SIGNALIZED SL = 50V, 50' ruin. N SL = Storage Length in feet V = Estimated Right -turn volume during design peak hour in vehicles per hour N = Number of signal cycles per hour in design peak hour LENGTH OF TRANSITION (TAPER LENGTH) POSTED SPEED TAPER > 45 mph L = SW < 40 mph L = WSZ 60 L = Length in feet S = 85th percentile speed (mph) W = Offset in feet (WZ-W 1) Q-� Z o J � U') �o0 Lo F- 01 W —J >Z CL H z c o uO W tV U) M m I I NOTE: I This typical plan may have to be modified to meet site specific requirements for safety and operation. I I Minimum 20' radius required for car traffic. Minimum 40' radius required for truck traffic. RETURN Right Auxiliary Lane STA17E OE IDAHO OFFICE OF THE ATTORNEY GENERAL LAWRENCE G. WASDEN December 18, 2007 Geoffrey M. Wardle Hawley Troxell Ennis & Hawley P.O. Box 1617 Boise, Idaho 83701 Re: Permit Application No. 03-05-392 Jacksons Food Stores Dear Geoff: Enclosed is the original executed Right of Way Encroachment Permit which I had provided you previously. Also enclosed is a copy of the' letter from the ITD District 3 Office to the City of Meridian. The text of the letter is the same that you had previously reviewed. ITD staff engineers did meet with an official from the City of Meridian when the letter was delivered, and explained the fact that the property has a deeded right of access; the hearings ITD has been through confirmed the deeded right of access; and that what Jacksons was requesting was the least intrusive access possible. I am still trying to set up a meeting for your client's design people and the District 3 project development and traffic engineers to meet and discuss how to implement the terms of the permit. Sincerely, Steven M. P;� Deputy Attorney General cc: Scott Gurnsey w/enc. Brent Jennings w/enc Kevin Sablan w/enc. DEC 2 6 21007 Contracts & Administrative Law Division, Transportation Department P.O. Box 7129, Boise, ID, 83707-1129; Telephone: (208) 334-8815; FAX: (208) 334-4498 Located at 3311 W. State Street, Boise, Idaho, 83703-5881 IDAHO TRANSPORTATION DEPARTMENT P.O. Box 7129 (208) 334-8000 Boise 0 83707-1129 itd_idaho.gov December 14, 2007 HAND DELIVERED City of Meridian Planning Administrator 33 E Idaho Avenue Meridian, Idaho 83642 Re: Jacksons Food Store / Southeast Corner of Pine and Eagle Road Meridian Conditional Use Permit 05-034 Dear Planning Administrator: Previously, the Idaho Transportation Department (ITD) had communicated with the City of Meridian of its objection to the proposal by Jacksons Food Store (Jacksons) for a right -in access off of Eagle Road that would service their convenience store and motor fuel outlet. ITD is withdrawing the objections set forth in the April 18, 2005 letter from Dan Coonce and the February 8, 2007 letter from Sue Sullivan to the City of Meridian. Enclosed is a copy of the Right of Way Encroachment Permit ITD is willing to execute granting the limited right -in access to their facility. The basis for ITD granting a variance to its rule on access spacing is that Jacksons has a deeded right of access to Eagle Road. When ACHD constructed the intersection of Pine and Eagle, ITD created a new access point to Eagle Road that did not extinguish the existing deeded right of access possessed by Jacksons predecessor. One of the unfulfilled conditions prior to ITD's Chief Engineer issuing the final permit is that Jacksons obtain, from the City of Meridian, the required modifications, if any, to its conditional use permit and certificate of zoning occupancy removing the no direct access to Eagle Road condition. If you have further questions concerning this matter, feel free to contact our legal counsel, Steven M. Parry at (208) 334-8814. Sincerely, Scott Gurnsey, P.E. Assistant District 3 Engineer Idaho Transportation Department SG/SMP/ss cc: Steven C. Hutchinson - CE Greg Laragan - ACE(0) Brent Jennings - HOSE Steven M. Parry - DAG Geoff Wardle (Jacksons) iMM9 (Rev, 10-02) Right -Of -Way Encroachment Application And Permit Approaches And Other Encroachments Permit No. � -QS-,39 ? issue Date Project No, Route -5-�S_S Segment O z00 S Milepost ®LT C1L Station RT LT C/L �R�ot 1co ity 3l5` o Flkle 475 � N o m-,i =Rc L - CitylCounty Distance from Nearest Approaches in both directions. Sight Distance: RH > lapp" Ft. LH } ( pp() Ft, Posted Speed 5' S MPH_ Fee $ GPS Coordinates: Latitude Longitude Elevation Fi ❑ Inspection Fee Required $ ❑ Performance Bond Required $ ,M Traffic impact Study Required ❑ Appraisal Required Access Control Type (I-V) _� Rdwy Type (Urban, Rural) . LJ— No. of lanes S Median Type TWLTL, Access Permit Type: Q New Approach ❑ Modification E (fig O o �q 2 � f�1xchan e �� [] Change in Use ❑ Joint Us J vv.4z+ry i' Quantity(ies) Width / Size Multiple Approaches Est. Volume (Vehicles/Day) Approaches) Width / ❑ Yes See Attached Z p� Culvert (if req'd) P D ❑ Yes See Attached Approach Type Residential SF, MF ,Commercial LT, H A ricuitural Business T pe Other (expiain) — Attach the folfowing: 1. A copy of the Encroachment Checklist and all applicable documents. 2. Written authorization from the owner (if needed). 3. Plans or drawings (3 sets) showing proposed work, approach locations, drainage details, landscaping, striping plans, and traffic control. (Include Department roadway alignment or project plans when avallable.) 4. Special Provisions and Traffic Control Plans- Owner's Name Address City State Zip Owner's Signature 'owner's Phone - 3`t-50 QVIME7,CIAL- CT Address' ZDO- & 9 - 95D- 6 . Representative's Phone Local Government Approval When Required By: • Signature Title Date Owner's Fax MERiDAKI TD 53&cf ? City State Zip Department Approval Chief / District Engineer B Date , - NOTE: Permit will be considered Temtsorary until final inspection and approval bya Department representative. ITD 2109 (Rev. 10-02) Reverse Side General Provisions 1. During the progress of all work, traffic control devices shall be erected and maintained as necessary or as directed for the protection of the traveling public. All traffic control devices shall conform to the Manual on Uniform Traffic Control Devices -for Streets and Highways (latest edition). Parked equipment and stored materials shall be as far from the main traveled way as feasible. Items left overnight within 30 feet •of the main traveled way sh be marked and/or protected. 2. By signing this permit, the permittee, his designated representative or successors, agree to indemnify, save harmless, and defend regardless of outcorn the State from the expenses of and against all suits or claims, including costs, expenses, and attorney fees that may be incurred by reason of any act or omission, neglect, or misconduct of the permitter or its contractor in the design, construction, and maintenance of the work, which is the subject of thi permit. 3. Approaches shall be for the bona fide purpose of securing access and not for parking, conducting business, or servicing vehicles on the highway right- of-way. 4. Any disturbance of the highway and/or traffic control devices shall be restored to the satisfaction of the District Engineer, 5. If the work done under this permit interferes in any way with the drainage of the state highway, the permittee shall, at his sole expense m corrections as necessary or as directed by the District Engineer. ake such 6. Upon completion of the permitted work, all rubbish and debris shall be immediately removed from the work area to the satisfaction of the District Engineer 7. All work herein permitted shall conform to current government and industry standards under the supervision and to the satisfaction of the District Engineer, and the entire expense of said supervision shall be borne by the permittec. 8. This permit or privilege granted under rM 02109 shall not be deemed or held to be an exclusive one and shall not pmMbit the State from using any of its highways, streets, or public places or affect its right to full supervision and control over all or any part of them, none ofwhich is hereby surrendcmc The Department reserves the right to make at any time such modification, addition, repair, relocation, or removal of an eicisting encroachment(s) or its appurtenances or any encroachments) or subjects) authorized by this permit within the highway right-of-way as may be necessary to permit the relo- cation, reconstruction, widening, and maintenance of the highway aadfor to provide proper protection to life and property on or adjacent to the highway. 9. Any modification, relocation, or removal required due in part to negligence ofthe permittee shall be made at the sofa expense of the permitter. A11 such modifications, relocation, or removal by the permittee shall be done in such'a manner as will cause the least interference with the traveling public or any of the State's work 10. The Department may revoke, amend, amplify, or terminate this permit or any of the conditions herein enumerated if the permitter fails to comply with aay or all of its provisions, requirements, or regulations as herein set forth or through willful or unreasonable neglect, fails to heedor comply with notices given, or if the approach, structure, or subject herein granted is not installed or operated and maintained in conformity herewith. 11. The permittee shall maintain of its sole expense the encroachment for which this permit is granted. 12- Inspection of the permitted work may be performed at any time to ensure compliance with the requirements of this permit. The State shall be reimbursed by the permitter for any additional inspection required under the Special provisions of this permit. 13. The permittee shall furnish all material, labor, and equipment involved in the construction of the approach and its appurtenances, This shall include fiunishin8 drainage Pipe of a size specified on the permit (12-inch minimum), curb, gutter, concrete sidewalk, etc., where required. Materials and workmanship shall conform to current government and industry standards and are subject to inspection by the Department 14. No work shall commence until the permitter is given notice to proceed by an authorized roprescatadve of tbLe Department. The Depmtrnent five (5) woddag days prior to co the a by shall notify the commencing permitted work ifwo� dots not mmarace immediately upon notice by the Department 15, Any modification, relocation, or removal of an encroachment or subject granted by this permit shall require a new permit prior to Commencement of such work. ;.._ . >:.1'#rs :SEfi13`- Qlt�i • �; .a�sr - Review Reviewer Date Recommendation Review Reviewer oats Recomm6datton' Traffic El Yes Bridge ❑ Yes ❑ No* * . Traffic Z 6 ❑Yes - No* ❑ No Maintenance ❑Yes Nti* Utilitles El Yes El No' Design ❑ Yes ❑ No' Design of --Way ❑ Yes El No* Right -of -Way D El Yes No* Desig❑ Yes ❑ No* Planner i L7 [] Yes Yes ❑ No* No* Environmental ❑ No* ❑ Yes ❑ Review Reviewer Date Recommendation Review Reviewer Date T ' y [ Recommendation DEE ❑Deny 0 Approve CE A ❑ pProve ❑ Deny ❑Approve Deny ❑ Hearing Offer Deny STE 0 Deny El Approve D[rector Y ❑ Approve El Deny ❑Approve *Attach reason(s) for denial and/or recommendatlons for variance, SPECIAL PROVISIONS FOR PERMIT 3-05-392 This permit fulfills the conditions of access granted with respect to the Second Judgment and Decree of Condemnation dated April 21, 1989 in the case of Idaho Transportation Board v. Deboran, Ada County Case No. 91481. A copy of the Second Judgment and Decree of Condemnation is attached: 1. Jackson shall obtain from the City of Meridian and provide to ITD the required modifications to its conditional use permit and/or certificate of zoning occupancy. If no modifications are necessary then a letter from Meridian's Planning and Zoning Administrator stating such will be sufficient. 2. Jackson shall be allowed to construct at its sole cost a Right In approach at the location shown on the permit application and construct the improvements to State Highway 55 generally in accordance with the Transportation Impact Study prepared by Dobie Engineering Inc., dated May 13, 2005. The Design shall assume that there will be a third lane north bound of State Highway 55 within existing Right of Way which will be a through lane from the Interstate to approximately Fairview Avenue. Any Deceleration lane for the Right In approach shall be constructed outside of the third lane of travel either on ITD right of way or on private property. Attached to these Special Provisions is a previous design concept for a limited approach with a compressed deceleration lane that met ITD's design standards. The approach shall utilize a design that ensures it will only be used as a Right In approach for the Jacksons facility. The approach shall be designed to meet ITD design and safety standards. 3. Prior to any work within the highway right of way, construction -and traffic control plans shall be reviewed and approved by ITD. 4. Jackson shall comply with ITD's standard conditions for construction of approaches and encroachments which are attached. Attached and incorporated by reference are Special Provision 1— Traffic Control, Special Provision 4- Ballast requirements for approaches, Special Provision -5 Widening of Roadways by Permit, Special Provision -10 Materials and Workmanship, Special Provision -11 Monumentation, Special Provision —Seeding and Appendix C from ITD Access Management Policies, Auxiliary Lane Figures. 5. Jacksons shall secure construction inspection and materials testing and inspection services for ITD to ensure compliance with ITD construction and material requirements. Firm(s) retained to provide these services shall be approved by ITD prior to work within the highway right of way. ITD has a list of approved firms. Chir d n Blvd, (S89'45'40-M — ta. 274+74.58 29 8 f]� t Property Line—/ ExistingCurb . Gutter Sta. 274+00 8 P.C. I \ I c 7.5' Existing Shoulder North I (Edge Line to Face 1 0 30 60 I � of Cum) 90'R Scale: 1'=30' f� Relocate III I Existing t' `��-- Storm Drain � f Sta.273*00 m Remove Existing Curb 6 Gutter • ' Ii f f/ f fl +j 11 t tl ;a I I 55.0' (i to Face of New V f I Curb O II i t I 15.0' N7de Turn Bay (Edge Line to Face Property Line I I of New Curb) 11 1 U Sts.272+00 I PI I u l m 60' RAD BackIf Il m m If of Curb cr Lu ni it » Existing Curb & Gutter To Remain a RO ERT L. TRABERT Chief Legal Counseluupy PATRICK W. FANNING STEVEN M. PARRY Attorneys Idaho Transportation Department P.O. Box 7129 Boise, Idaho 83707-1129 Telephone: (208) 334-8815 AR 2 °OFPJ t3ASitDA, Sy REBCCCA CAS7fiir'Evq GEPU7Y IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA THE STATE OF IDAHO, ex rei, j JOHN M. OHMAN, MARIOtd ) DAVIDSON and PHIL BATT, } IDAHO TRANSPORTATION BOARD, ) Plaintiff, ) —Vs— } ) JOHN DOBARAN and ARVELLA ) 003ARAN, husband and wife; } and JOE DOBARAN, a single ) man, j Defendants. } Case No. 91481 SECOND JUDGMENT AND DECREE C'f CONDE1 NAT I ON THIS COURT on the 11Lhday of April, 1989, having entered a Judgment adjudging that the Defendants have and recover fro;n the State of Idaho the sum of Fourteen Thousand Five Hundred Fifty d? -One an8GI100 Dollars ($14,551.8G), including interest and costs of suit, and the Plaintiff having fully satisfied said judgment; NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 1. That the use to which the property condemned herein, and hereinafter described, will be put, to -wit, a public highway, is a F"blic use and authorized by law,. SECOND JUDGMENT AND DECREE OF CONDEMNATION - I EXHIBIT [An 2. , That the taking of t:le property and property rights condemned herein, and hereinafter described, is necessary to and for the construction of that certain public highwaIy Known as State Highway No. 55, Project 00. F-FR-3271 (44) . 3. That the hereinafter described property and property rig hrs be, and the same are condemned and taken by and for the use of the State of Idaho. 4. That the property condemned and taken herein is situate in Ada County, State of Idaho, and is more particularly described as follows: See Exhibit "A" attached'hereto and made a part hereof. 5. Plaintiff will construct, at its sole cost and expense, one 40-foot approach at Station 8971C.17 (eas'terly) side of -� Project F-FR-3271 (44) . 6. Plaintiff hereby grants to Defendants or their successors or assigns the right to construct in the future, for development purposes on the property, a right of access for a 60- foot wide right: -of -way for a 41-foot back-to-back of curb public street approach between 86+00 and 88+50. The cost of the =onstructian of this al,proac•h shall be at the expense of Defendants or their successors or assigns. 7. Plaintiff further grants to the Defendants or their successors or assigns the right to close the access Doints referred to in Paragraphs 5 and 6 of this Judgment and construct, at its sole expense and cost, a right of access for a 60-foot wide right-of-wav for a 41-foot back-to-back of curb approach between Stations 86+00 and 89+18. SECOND JUDGMENT AND DECREE OF CONDEMNATION — 2 S. The existing 17-oot ditch rider approach located at Station 85+54 Right (easterly) shall be constructed by the Plaintiff and at its sole cost and expense and shall further be for the sole use of the ditch company. If the property is developed in the future in such a manner that the ditch rider access point at Station 85+54 is no longer necessary, it shall be removed. 9. All points of access, other than those described herein, between the subject property and Eagle Road are extinquished. 10. That the fee simple title to the oereinabove described Parcel No, 24 be, and the same is vested. in the State of Idaho. '4� DATED this l t day of April, 1989. ROBER i G. NEWHOUSE DISTRICT JUDGE STATE C FF 1DAHO COUNTY OF ADA Sa. I JOH�: P ^5?ICA, CL[?:SCG�TH� O��T�';CT!:CF.!RTGF74� FOURT}f J1J�tC';. `TRICT OF T' - :�,,`� C; I^!••,� CDUiITY C��ri.^. r0 (•.c,-•..' • . �. r-�• .- . mid �..'.:� "rCR THE TRUcAYpCSiRr; (:TCC;'Yv!=Tt = �;it_«T„�_��i�'�_FJi:cC01N 1, A II'i'til RESSVdli22.•cGr,►};r^t: l L_ i. L�;rl_EI'I"1'F. FIXED -'AY OFFICl.LS_EAL THIS a-=7=T r�`Yl H:�;IU F,F!� ti - JOHN EAZTMA, CLERK BY DEPUTY. i _ Z .. /& Cour.4, I&ho se v�ct of r � � TIME i DATE JOHN & ST1L, ey Cek SECOND JUDGMENT AND DECREE OF CONDEMNATION _ 3 . -._ .. -: �-,....._.. . - - •ram,•... ...,_...�;...,,,,.. . -.., °=ojec= Y0. "i-3271(44) P_rc`l "10. 24, Id. No. 31900 E{a:r No. 4330 9UCEi, No. 24 oa:c?l cf land ba=^c the Easta:T_ s_de of t:^.e cea:=_=1_,e of E` Road, :Ojec" Iv. F-: t-3277 4' C_ the= _o= Hoer on file `( ') fi_g :wa•r 5`= te- 3s S,-awn•on t e plan _ ithe af: ice of t: e Idaho Trans _ went, %vision of fiic �a_r;, and be;::a par_ t_cn Decor._ t'-Qr. 9, Towns;;; 3 vvrta R o ;nc -onion of to v;�:Sri of anc_ 1 East, Sois- ��erid4anl dssc;_ a� as • _ follows, to -wit: -- 3esinn=ng at the Nor` 3 �+esc corner of the N6v�S;9 j of Secczc _ Tv. Nocz:, Re�Ce l ia5t, BO=52 i'ii r1d131• t."ence Eastarl.,, a?onC the VCtth line of said Tzwi -S:Vh a d; �t3IC2 0Z 70.0 Eas`a_ly L_Jm 1 `e c tQ'a CQLnt in a t :^e = arallal wit' and /0. �- 3 Q - t. s:t� :line and be zs •sc't* 83°31 �43°nFZSt =0a t_on'89-53.'. i of said Eagle Road, Fro_ P.^_t No. F-?�-3271 (4 ,) _ich we-r Sit_ 1_ y; _ thence South 1'28'l7" Hest along sa_d zarallel line'413.50 fee} to a point in the NortZerly li,^.e of the tract of land as desc-; by the Li3tes and 20unds Description of the exception in that car-a_n - War ranc7 Deed dated April 28; 1967, reccrde•? December 19, 1979 as Inst_uzent Ne. 7968824 r=cords of Ada County, Idaho, tea;r:, yor`herlr 1+:,e is eQi,c: hent with t.^.3 Nortaerl_- 1- or Lot ? or Block 2 or romnaPce Per'c divisicn, according to the plat there f_1=_d - in 3o0< 43 0= plat= at Pages 3721 and 3722, records of Ada Count-:, Idaho;. thence along the irregular Nortae__y lire of said. tract of lane as follows: South 84°19'57" Fes-, (shcwn of record to be South 82°51112r Wes"") 32.10 feet to a prooNrty corner, South 2049'35" West (shown of. record to be South 1021'18" West) 43.53 fae;, North 85°13121" West {s,zown c: record to be North. 56041148" nest) 12.14 feet to the most T�Testerly corner of said tract of land being a point in the Easterly rich- 0r wa_v line of existing Eagle Road and bears South 88°3l'.43" East 25.0 feet from Station 8;i98.08 of said Eighwav Sur7e_i; thencs Qrth 83°3l'43" rest - Z5.0 fee_ to a point in th*d e es" line of 'aid Ntr ,5;;�; thence Northerly a'.ong sal Z.d Tves_ t line 450.0 feet, Qc more or less, to Z ET-g away S`= n Re enc . do =ar s• 8'+98.08 to 89=33.17 The are_ above described contains an_oroxi.uatelp 1.5721 acres, 0.8294 aches of whit. is acknowledged to be a ;nrtion of a public road, ^3v2 1 046 2 n_o'Jec= NO. E-_R-327I(44) Pa=`e? No. 24, -Id. No. 3I900 3a_r Nc. 43=J wa_r f_zc'_zc to be const-acZ_d is not r.__a==arils izt_rc== ' '- 7 lata "he FroPer=- Iina and an- Variance be_Ve3- `-e IQL=~iOC? r_c:;t of wa_,r fancinc - - .. ndt so L_32a:,c the ac sal Prod= ter Line as :�e_ e:z desc_ ,. e Cons,._ c as a mad« ion�or _ t: 'daszz ea AND < So: PARC-71 NO. -_ A t'==c_s= easement to go ucon, occumV and use a sue_;o of land 5.0 �ca'ca�1 Ease a TcCrtionrof the N�v;�rwh of sec�icn vise Meridian, 9, "'o -shi_ 3 Nor`a, t:z_ we;t_rlv's - G _ ide Of the a.^.ove de-. -, �, == No. 2') =nd lying batwe3n the No► -- rare' 1 tzariv , i �a or o_ lard Lo=-1 Cam:te= ?= _,c suna_-;;_ion, Ada County, Ica;lc and Y+"=tirr c= Slack 2 a tea tic=`i I ne a= sa_ and containinc 2=crcximataTy 0.0-174 ac: as - for t =a-oura_ const=lctiac therecn�an irrigation ditch and/or tocet osa of picei;:e ar-d facilitIe= er with the ricnt and priTil2ce of ingr_ss said p.ccertr for said anc ec-ess to and r_om -� ourcosa. Face 2 of 2 SPECIAL PROVISION 1-TRAFFIC CONTROL All Traffic control plans will be approved by the District Traffic section before work begins. All flagging personnel shall have a current State of Idaho flagging certification. Covering of temporary construction signs or turning of the signs so they do not face traffic is PROHIBITED. All temporary signs and sign supports SHALL BE REMOVED from the work zone or moved at leastl5 feet from the edge of the traveled way and laid flush with the surrounding ground when na work zone activity is taking place for a period of 1 hour or more. On the following highway sections all work involving Lane Closures or Lane Restrictions will be done as night work. INight work is defined as between the hours of 1 OP.M. and SA.M.]: 184B M.P. 0.948 — 0.150, 19.680 — 20.520, 50.080 - (Caldwell/Nam a business loo) 61.797 SH 55 (Eagle Rd.) M.P. 11.233 (I-84) to M.P. 18.004 (SH-44) SH 44 M.P. 0.000 (I-84) to M.P. 21.814 (Glenwood St. and M.P. 1.310 (State 0.00 (Chinden ) US 20/26 M.P. 24.94 (I-84) [Caldwell] to M.P. 52.812 (I-84) [Broadway Interchange] 184 M.P. 24.839 to59.920 1184 M.P. 0.00 to 3.620 (This covers from I-84 to US 20/26 M.P. 47.290 to 48.512 13th St., the Connector) No work will be allowed during hours of 6:00 A.M. to 8:30 A.M. and 4:OOP.M. to 7.00 P.M. on the following highway sections*: US 20/26 M.P. 24.94 (I-84) [Caldwell] to M.P. 52.812 (I-84) [Broadway Interchan Qe1 SH 44 M.P. 0.000 (I-84) to M.P. 21.814 (Glenwood St.) and M.P. 1.310 (State St.) to 0.00 (Chinden) SH 16 M.P. 0.000 (State St.) to 13.927 (SH-52). SH 55 M.P. 10.61 (Farmway Rd.) to M.P. 16.18 well Blvd.) M.P. 11.233 (I-84) to M.P. 18.004 (SH-44) (Eagle Rd.) SH M.P. 44.645 (SH 44) to M.P. 47.144 (Beacon Light Rd.) SH 69 M.P. 23.71 (Ruth Lane) to M.P. 27.73 (2n Street South) M.P. 1.442 (Orchard St. SI3 21 ) to M.P. 9.344 (Jct. I 84) M.P. 0.00 (Jct. I 84) to M.P. 3.4 00 (Warm S *All other locations will be approved on an individual basis. pigs Rd.) Revised 9/12/07 r, 0 j S_4te..e. lot Page 1 of 2 No work will be allowed during hours of 5:30 AM to 9.00 AM, during the noon hour and 3:30 PM to 7:00 PM on the following highway ections*: 184 83920.. .. I184 0to M.P. .3.620 (This covers from I-84 US 20/26 M.P. 47.290 to 49.681 to Broadway Ave.) 'All other locations will be approved on an individual basis. HOLIDAY WORK: No work shall occur during Holidays per section 108.04 — Limit of Operations, paragraph three; of the ITD Specifications for Highway Construction. Holidays are defined in Section 101.02. SH 55 from I-84 in Meridian extending north to McCall shall also include the Friday proceeding a three day holiday under the "NO WORK RESTRICTION." Contact information shall be included on the sign identifying contractor or utility company doing work. Revised 9/12/07 Page 2 of 2 SPECIAL PROVISION 4 BALLAST REQUIREMENTS FOR APPROACHES AND MAILBOX TURNOUTS BALAST SECTION FOR APPROACHES: PRIVATE DRIVE PAVED APPROACHES: 0.15' — %" Plantmix Pavement Class III using Performance Graded Asphalt Binder, PG 58-28 or better. 0.35' — Type "B" 34" Untreated Aggregate for Base. COMMERCIAL AND SUBDIVISION APPROACHES: 0.45' Plantmix Pavement Class IT using Performance Graded Asphalt Binder, PG 64-28. 0.57 Type "B" 3/" Untreated Aggregate for Base. 1.45' Granular Sub Base. BALLAST SECTION FOR MAIL BOX TURNOUTS: Plantmix — Match the adjacent roadway, except where the existing plantmix is thicker that 0.4'. The maximum thickness of plantmix for mailbox turnouts shall be 0.4'. The plantmix pavement shall be %" Class III using Performance Graded Asphalt Binder, PG 58-28 or better. Base and Subbase — Match the adjacent base and subbase. The ballast section shall be placed no thinner than 0.35' Type "B" '4" Untreated Aggregate for base, and 0.70' for subbase. Geotextile — Geotextile shall be placed between the subgrade and the subbase. The geotextile shall function for subgrade separation and drainage. The geotextile shall be Drainable and Non -woven with the strength of a Subgrade Separation Geotextile Type H per 718.07 and with the Permittivity and AOS of 718.05-Drainage Geotextile. Revised 8-15-06 W TYPICAL SECTION Turn Lane NOT TO SCALE I.00 ft (Mlnimum=) Saw Cut i (TYPIcoI) I S•2 % (Type 0.45 ft (2 Llfts) of %' Plont MIX PovemenWlass lI Using PG 64-28 binder (Typical) 0.50 ft of Q' Untreated A9gregote far Bose. Type 'B' (Typical) 1.45 ft of Granular Subbase (Typical) Dralnable,Non- woven Subgrade Separatlon Geotextlle Type // Tlo saw cut of tte exlstl Icrated In tM w � � pavement sly//not � feel th of the rIew lanes. The Io of t saw cut a line aslbuld be located to fall close to a jalonn after final striping and not In a w,,'eel,oath. M. E. Earl 24 dlcrch 2006 IOLKEE1Typ,dgn 03/30/2006 09:48:27 AM Vor TO ft (Mlnlmum=) SPECIAL PROVISION 5: Widening of Roadways by Permit Original shoulder width shall be retained. Any widening of the roadway shall include widening to attain original lane widths, original shoulder width and all designs shall meet ITD standards. Widening for center turn lane shall be done equally on both sides of highway. Center of turn lane shall be center of roadway. This provision shall supercede any plans. Revised 1-6-05 SPECIAL PROVISION 10 Materials and Workmanship All materials and workmanship that are incorporated in the permitted operation shall meet all requirements of Idaho Transportation Department's Standard and Supplemental Specifications for Highway Construction and any pertinent design standards. Revised 1-6-05 SPECIAL PROVISION 11: MONUMENTATION IDAHO STATUTES PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 12 ENGINEERS AND SURVEYORS 54-1234. MONUMENTATION -- PENALTY AND LIABILITY FOR DEFACING. If any person shall willfully deface, injure or remove any signal, monument, building or other object set as a permanent boundary survey marker by a registered, professional land surveyor, he shall forfeit a sum not exceeding five hundred dollars ($500) for each offense, and shall be liable for damages sustained by the affected parties in consequence of such defacing, injury or removal, to be recovered in a civil action in any court of competent jurisdiction. . TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 70 TRESPASS AND MALICIOUS INJURIES TO PROPERTY 18-7021. INJURING MONUMENTS, ORNAMENTS, AND PUBLIC IMPROVEMENTS. Every person, not the owner thereof, who wilfully mars, disfigures, breaks or otherwise injures, or molests, removes or destroys, any work of art, monument, landmark, historic structure, shade tree, shrub, ornamental plant, or useful or ornamental improvement, is guilty of a misdemeanor. Revised 1-6-05 SPECIAL PROVISIONS —SEEDING PROJECT SEEDING This work shall consist of seedbed preparation and sowing seed on prescribed areas in accordance with_these specifications_ _. _ _ MATERIALS Seed shall be labeled and meet the standards of the Federal Seed Act and the Idaho State Seed laws. SEED The following seed mix as marked shall be used on this project: 1-1 Northern/higher altitude sites. Grasses: "Duran" Hard Fescue (FEOVD) "Garrison" Meadow Foxtail (ALAR) "Manchar" Smooth Brome (BRIM) Legume: LBS BULK SEED/ACRE 10 8 7 White Dutch Clover (TRRE) L. 2 Total 27 EfSouthern/lower altitude sites Grasses: "Sodar' Streambank W.G. (AGRI) Siberian W.G. (AGSI) "Ephraim" Crested W.G. Legume: LBS BULK SEED/ACRE 12 8 5 Ladak Alfalfa 2 Total 27 SEASON OF WORK Seeding on this project is to be done in fall between September 15 and November 15. Seeding operations shall not be done when soil is too wet or dry, frozen, or otherwise untillable. 1 SEEDBED PREPARATION Areas to be seeded shall be maintained reasonably free of weeds by mechanical means or application of appropriate chemicals until seeding time. Weeds shall be kept from going to seed. Areas -to -be seeded -by duelling -shall be- cultivated -to -a rnirxir�um-depth-o 3 inches--T-he-soii-shai --be worked to obtain a surface that will permit proper operation of seeding equipment. On areas to be seeded by broadcasting, the seedbed shall be tilled immediately prior to seeding to a roughened condition and the soil made loose to an approximate 2-inch depth. Soil condition similar to that obtained by walking a cleated crawler tractor up and down the slopes is required. Where slopes are benched no additional preparation will be required. Slopes to be covered with topsoil shall be roughly finished. After topsoil has been spread, the surface shall be prepared for seeding as specified above. On areas subject to severe erosion, the extent of seedbed preparation shall not exceed the area on which the entire seeding and mulching can be applied within 1 day's operation. If conditions occur which prevent seeding in a proper furrow, or if the roughened condition is destroyed, the contractor shall prepare the seedbed again. FERTILIZER Fertilizer shall be applied on this project at seeding time at the rate of 30 lbs (1), 35 lbs (P) phosphorus, 35 lbs (K) potassium. All rates are based on available nutrients per acre. Whenever possible, fertilizer shall be placed with the seed at the time of drilling by use of a fertilizer attachment. Fertilizer may be broadcast (wet or dry) or drilled. Fertilizer may be applied with irrigation water as directed. SEEDING The seed shall: be uniformly:applied over the. area by the most appropriate of the following methods: 1. Drill seeding (double disc with agitator) 2. Broadcast seeding a. Hydro -seeder b. Dry (whirlwind) Where mulch is not to be used after drilling, seed shall be planted at the bottom of approximately 2-inch furrows. Where mulch is to used after drilling, seed shall be placed as shallow in the soil as possible and be well covered. Seeding operations shall not proceed if wind interferes with seed placement. Seed shall be thoroughly mixed before placing in the drill or seeder box. Where it is not practical to drill, the seed may be broadcast by -use of a hydro -seeder or dry broadcast equipment. Fertilizer shall not be mixed with the seed in the hydro -seeder. Seed shall not be agitated in the hydro -seeder over 30 minutes. At no time after seed is in place shall trucks or equipment be driven on the seeded area. 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N SL = Storage Length in feet V = Estimated Right -turn volume during design peak hour in vehicles per hour N = Number of signal cycles per hour in design peak hour LENGTH OF TRANSITION (TAPER LENGTH) POSTED SPEED TAPER 45 mph L = SW < 40 mph L = WS2 60 L = Length in feet S = 85th percentile speed (mph) W = Offset in feet (W2-W I) E W J a ~ ma ICC'Q cr _Z) o aNCu [0 NOTE: This typical plan may have to be modified to meet site specific requirements for safety and operation. * Minimum 20' radius required for car traffic. I* Minimum 40' radius required for truck traffic. RETURN Right Auxiliary Lane March 17, 2008 Kevin Sablan, F.E. District 3 Traffic Engineer Idaho Transportation Department P.O. Box 8028 Boise, 1D 83707-2028 RE: Jackson's Access Permit Dear Kevin: DGBIE ENGINEERING, INC. 777 Hearthstone Drive Boise, ID 83702 208-345-3290 phone 208-388-0309 fax dobie—dei@msn.com As a follow-up to our meeting of March 14, 2008, 1 prepared the following submittal for your review. Attached you will find a plan for the proposed access together with a set of calculations checking the geometry and safety aspects of the proposed driveway. The turn lane was located as shown to avoid physical conflicts that now exist along SH 55 and to keep it within the existing highway right-of-way. An Idaho Power transmission tower is located on the plans near the southwest corner of the Jackson's site, and an overhead sign bridge crosses the highway approximately 125 feet south of the power pole. Relocating the driveway to the south would require the acquisition of new right-of-way from a third party and would cause a conflict with these structures. The sign bridge would have to be moved, and the power pole would remain at the gore point of the slip lane. This design would create an unsafe condition. Moving either structure would also be very expensive. The proposed site access includes a 120-ft. taper (10:1) plus a 70-ft. turn bay in front of the entrance to a 160-ft. slip lane. The design conforms to AASHTO standards for a 50-mph design speed. Please call me if you have any questions or need additional information. Snc.Iy Patrick Dc&e, P-E. Dobie Engineering, Inc. cc: John Jackson Geoff Wardle / I' C� IKL 5 e , ? SEED m vt,-A �077 S- 'go7i 11, Z- A 3 T4 t vAa�—A,-u�:— —n?is-) p, i 15 -� 45tt0 -719 3 aY 1 0- i 147 + ]�;7- _ 'DC-5! C,iQ ll�,O r t- `7 L)' 4-- t ' 3.7 Mf94 -Df--51c.f-4 `RAr-uvs r 3S! QiT,7 15 �\ PINE STREET STA. 76+39.47 STA. 80+66.37 BRIDGE ----;w4 fi vd I qI\ r p� I O d GEOFFREY M. WARDLE ADMITTED TO PRACTICE LAW IN IDAHO AND OHIO EMAIL: GMW@HTEH.COM DIRECT DIAL: (208) 388-4894 VIA FACSIMILE AND U.S. MAIL Mr. Steven M. Parry Deputy Attorney General Idaho Transportation Department 3311 West State Street P.O. Box 7129 Boise, ID 83707-1129 877 Main Street, Suite 1000 P.O. Box 1617 Boise, Idaho 83701-1617 (208) 344-6000 Fax (208) 342-3829 www.hteh.com May 7, 2008 Mr. Kevin Sablan Idaho Transportation Department, District 3 8150 Chinden Boulevard P.O. Box 8028 Boise 83707-2028 Re: Permit Application No. 305-392: SH-55, Jacksons Food Store -Appeal Gentlemen: The purpose of this letter is to confirm the recent exchange of communications between the Idaho Transportation Department; Dobie Engineering, Inc.; and myself. I have enclosed the redesigned approach for Jacksons Food Store located at Pine Street and Eagle Road prepared by Dobie Engineering, Inc. I have also enclosed the e-mail exchange between Kevin Sablan and Pat Dobie regarding District 3's review and approval of the attached redesigned approach. It is my understanding from the e-mails, that District 3 approves this redesigned approach, subject to approval by the City of Meridian. If that understanding is incorrect, please contact me as we are proceeding with a new submission to the City of Meridian regarding this approach. Sincerely, HAWLEY TROXELL ENNIS & HAWLEY LLP AGeoffreyyWardle GMW/mm Enclosures CC: John Jackson Pat Dobie Bill Nary 0 I I cu I I m m 71 -m u m N Z ' PINE STREET m T, IT � tam — �' L Z J 0 ➢ O D m fTl 1. STA. 76+39.47 rn,00 — r, o m z z Z — z 4 m I I II N n O I h h 0 Z j ➢ J N Oz I ^ V J D 0m �z Cl) I f 1 m �� m m I Z I _ a � � �1 o hri h I "�` d 4 4yo r - A N c�a y O I Z I II..� I �I � Z { � of m J I O I ro I I I I I I I I I I I I I� I D I IO STA. ,n 80+66.37 Fri D D H O Z o I ER EAD SI N BRIDGE M J P � l > o ova y I cn Geoffrev Wardle From: Steven Parry [Steven.Parry@itd.idaho.gov] Sent: Tuesday, May 06, 2008 3:34 PM To: Geoffrey Wardle Subject: FW: Jackson's Access Permit Let me knoe if you need something shorter and more succicnt for the City of Meridian. If you had language for a short letter I could suggest it to the District. I think the email below marks a major'milestone in the Jacksons permitting process. -----Original Message-7--- From: Kevin Sablan Sent: Tuesday, May 06, 2008 3:21 PM To: 'dei' Cc: Pam Golden; Steven Parry Subject: RE: Jackson's Access Permit Thanks Pat, I think this pretty much covers the questions I had. As soon as we receive the final construction plans for review and G proval and the variance approval from Meridian, we can issue the permit. -----Original Message ----- From: dei [mailto:DOBIE_DEI@MSN.COM] Sent: Tuesday, May 06, 2008 2:59 PM To: Kevin Sablan Subject: Re: Jackson's Access Permit Kevin, The taper length of the deceleration lane is 120 feet. At 80 feet the turning vehicles will clear the through traffic lane with a speed differential of 10 mph and an available lane width of 8 feet. The remaining 40 feet are available for deceleration below 40 mph. At the beginning of the 150-ft. radius reverse curve the vehicle approach speed is 23.7 mph. This is an acceptable entry speed for this radius curve. The available braking distance is adequate to allow the vehicle to completely stop before entering the fuel station I referenced the 2001 AASHTO standards to avoid the metric conversion. Confirmation will be provided to document Meridian's approval of the access. Pat ----- Original Message ----- From: "Kevin Sablan" <Kevin.Sablan@itd.idaho.gov> To: <dobie_dei@msn.com> Cc: "Matt Ward" <Matt.Ward@itd.idaho.gov> Sent: Monday, March 31, 2008 11:22 AM Subject: Jackson's Access Permit Pat, Your proposed layout for the right -in appears acceptable. Couple questions, for Braking Distance, where is the 40' measurement coming from? For the Access Curve Radius calculations, its not clear which is the 150' radius. What is the ratio for the compound curve radii at the approach opening? The 23.7 MPH speed, is that at the approach entrance or at the entrance into the parking area?' Looks like you were referencing the 2001 AASHTO, 2004 is the latest adopted by ITD. Also, has the city of Meridian approved the right -in access? We will need confirmation that this has been approved by Meridian. Kevin ---------------------------------- From: "Kevin Sablan" <Kevin.Sablan@itd.idaho.gov> Sent: Tuesday, May 06, 2008 2:45 PM To: <dobie_dei@msn.com> Cc: "Matt Ward" <Matt.Ward@itdJdaho.gov>; "Pam Golden" < Pam. Golden@itd.idaho.gov>; "Steven Parry" <Steven.Parry@itd.idaho.gov> Subject: RE: Jackson's Access Permit > Pat, > The preliminary proposed layout you submitted appears acceptable; I'm > still am waiting to hear back on the questions I asked below. As soon > as you address the questions below and we receive and approve the final > construction plans (including traffic control) and receive a copy of the > approved variance from the city of Meridian for the right -in access ITD > will issue the necessary permit for the approach construction. All > highway improvements shall comply with ITD design standards and > standards for highway construction. The permit will require a > performance bond be provided to ITD prior to start of any work in the > state right of way. > If you have any questions, please don't hesitate to contact me. > Kevin Sablan, P. E. > District Traffic Engineer > Idaho Transportation Department > District Three > P.O. Box 8028 > Boise, ID 83714-8028 > P:208-334-8340 > F: 208-334-8917 > email: kevin,sablan@itd.idaho.gov > -----Original Message ----- .> From: Kevin Sablan > Sent: Monday, March 31, 2008 11:22 AM > To: 'dobie_dei@msn.com' > Cc: Matt Ward > Subject: Jackson's Access Permit > Pat, > Your proposed layout for the right -in appears acceptable. Couple > questions, for Brakfng Distance, where is the 40' measurement coming > from? For the Access Curve Radius calculations, its not clear which is > the 150' radius. What is the ratio for the compound curve radii at the > approach opening? The 23.7 MPH speed, is that at the approach entrance > or at the entrance into the parking area? Looks like you were > referencing the 2001 AASHTO, 2004 is the latest adopted by ITD. > Also, has the city of Meridian approved the right -in access? We will > need confirmation that this has been approved by Meridian. > Kevin 3 M C'7 O C� O raj 07 ■!!!Emus 0MEsms2■!"fl'R'f�!'�� �!!�!!!if!!\ as .s*, MAP. — - --� +♦ !. ;•x s.d i/ice Mili»il •!' i Al 0.1 � f �cl •� t r � ' ;I j � � _ ! '+h''%-•.J■�i'�����1��• 1 fly'. PINE STREET_ m !: a a J t t �h 4, I"T s , V,iC gyyro. ..'FAO : j ��7tl r � l• I M. Fil'J* r � ',7^ 3s' sf�x: m # EXHIBIT a oFTI z mz a m u m o � o ti z C) w N J J- o D o o J J D m m m w Ul :;u (7) C) — O z z Co I I 4 «) -LL L PINE STREET Z L STA. r r a.00 76+39.47 W -01 Li -N!iM- I I J], ® A LSTA.6.37 O m I p as is I �C O TRANSPORTATION BOARD Charles Wunder Chahrman John X. Combo Vice Chairman District 6 John McHugh District t Bruce Sweeney District 2 Monte McClure District 3 Gary Blick District 4 Neil Miller District 5 David Ekern, P.E. Director Sue Higgins Boers' Secraama IDAHO TRANSPORTATION DEPARTMENT P.O. Box 8028 Boise, ID 83714-8028 April 18, 2005 Will Berg, City Clerk Meridian Planning and Zoning 33 East Idaho Ave. Meridian, Idaho 83642 Re: Location: Eagle Rd. & Pine Street Route: SH-55 Name: Jackson Food Store Case No: CUP-05-012 Dear Mr. Berg: (208) 334.8300 itd.idaho.gov RECEIVR- T APR 15 2005 City Of Meridian cit� Clerk Office We have reviewed the preliminary plan for the Jackson Food Store property and the right turn in to the property is not acceptable to the Transportation department. We would prefer that the Jacksca Food Store develop all their access from Pine Street. At this time we do not have any more requirements for the development. The landscaping and noise abatement shall be the responsibility of the developer. A permit application for the approach should be obtained through our permit agents. Please have the developer contact Matt Ward (208) (334-8341) Or Larry Bronson (208) (334-8328). If you have any questions please feel free to contact me at (208) (334-8340). Sincerely, Dan Coonce, P.E. District Traffic Engineer ,UP00038 IDAHO TRANSPORTATION DEPARTMENT P.O. Box 8028 Boise, ID 83714-8028 (208) 334-8300 itd.idaho.gov RECEIVED April 18, 2005 APR 2 0 2W5 TRANSPORTATION BOARD Charles winder Will Berg, City Clerk ridian of eOffice chairman Meridian Planning and Zoning City Clerk John X. Combo Vkv Chairman 33 East Idaho Ave. Meridian, Idaho 83642 `l District 6 John McHugh District t Re: Location: Eagle Rd. & Pine Street Route: SH-55 Name: Jackson Food Store Bruce Sweeney District 2 Case No: CUP-05-012 R? Monte McClure Dear Mr. Berg: is District 3 Gary Slick We have reviewed the preliminary plan for the Jackson Food Store property and the right turn in to District 4 the property is not acceptable to the Transportation department. We would prefer that the Jackson Neil Miller Food Store develop all their access from Pine Street. At this time we do not have any more District 5 requirements for the development. The landscaping and noise abatement shall be the responsibility of the developer. A permit application for the approach should be obtained through our permit agents. Please have the Director David Ekern. RE developer contact Matt Ward (208) (334-8341) Or Larry Bronson (208) (334-8328). Sue Higgins If you have any questions please feel free to contact me at (208) (334-8340). Board Secretary S' cere , Dan Coonce, P.E. District Traffic Engineer RZ000039 Meridian Planning & Zoning April 21, 2005 Page 12 of 49 MOTION CARRIED: THREE AYES. TWO ABSENT. Item 9: Public Hearing: RZ 05-004 Request for a Rezone of 2 acres from I-L to C-G zone for Jacksons Food Store by Jacksons Food Store, Inc. — southeast corner of North Eagle Road and East Pine Avenue: Item 10: Public Hearing: CUP 05-012 Request for a Conditional Use Permit to allow the operation of a new carwash and convenience store in a proposed C-G zone for Jacksons Food Store by Jacksons Food Store, Inc. — southeast corner of North Eagle Road and East Pine Avenue: Zaremba: All right. I'd like to open the Public Hearing for the next two items, nine and ten. This is RZ 05-004, a request for a rezone of two acres from I-L to C-G for Jackson Food Stores, and CUP 05-012, request for a Conditional Use Permit to allow the operation of a new car wash and convenience store in a proposed C-G zone for Jackson Food Stores by Jackson Food Stores, Inc., southeast corner of North Eagle Road and East Pine Avenue, and we will begin with the staff report. Guenther: Thank you, Mr. Chairman. This site is a recent reduction in platting requirements plat for the two acres, which is right on the corner of Pine and Eagle in this location. This is for a convenience store, which in a C-G -- the current zoning is I-L and it's for a convenience store in a C-G district, which is what the applicant is requesting. A convenience store in a C-G district is a permitted use through a certificate of zoning compliance, but the car wash requires a Conditional Use Permit, which is what we are hearing tonight, along with the rezone from I-L to C-G. Now, a portion of this is that the !1• agreement is what staff is recommending for this site in order to assure that the developer for the entire site, which is this roughly 27 acres. I believe they did a reduction in platting requirements for I think the 34. So, that the -- this commercial district gets incorporated into the mixed -use regional comprehensive designation. So, when they actually come through with their mixed -use conceptual plan, they will include the C-G district, that would be rezoned tonight, with that calculation. That is -- with that, the mixed -use regional designation should be satisfied for this type of project. The specific site is with a convenience store center right in the middle, with the islands out to the side, as well as another larger type of service station to the south of the site. The car wash will be located approximately five feet from this property line. It is not shown here, but it is drafted into the conditions of approval. As well as a cross -access agreement would need to be entered into with the original parcel to allow access south off of the site and, then, onto Pine. This currently is showing a right -in access off of Eagle Road. If you -- what you received today was a fax from Dan Kuntz from Idaho Transportation Department, dated April 18th, which indicates that they are not going to permit that. It is also a condition of approval that this right -in access off of Eagle Road be eliminated. In the future they are anticipating a deceleration lane in this area that will come onto Pine Road and, therefore, they don't want stacking going into this site in that deceleration lane. Therefore, this will be -- drafted up as being additional landscaping. - This would be a right -in, right -out on site and, then, the left turn back to Eagle Road P&Z00016 Meridian Planning & Zoning April 21, 2005 Page 13 of 49 would be from the cross -access portion off of this side on Pine Avenue. With that, there is several issues that would be resolved for landscaping through the certificate of zoning compliance and staff feels comfortable that the applicant will address and the staff has recommended approval of this with the conditions as listed. I'll stand for questions. Zaremba: Any questions? Borup: Just a clarification. Your comment on -- you said it was presently a landscaped area. I didn't quite understand what -- Guenther: They are requesting this access, but instead of that access, their conditions of approval state that they will landscape that. Borup: Landscape which area? This area? Guenther: This area right here. That is shown on the site plan as an access point. The access point will be eliminated. Borup: Oh. Okay. So, this application is eliminated? Guenther: Yes. Borup: So, this is not the right site plan. Guenther: This is the right site plan, but when they come through for a certificate of zoning compliance, that access won't be there. Borup: Okay. Zaremba: There is, actually, two different -- Borup: Because of the deceleration lane that is going to be going in. Zaremba: There is two differences. That access will not be there and it will be landscaped and the car wash is actually five feet farther from the property line than it appears; is that correct? Guenther: Yes. Borup: Okay. Thank you. Zaremba: So, this drawing is close, but it's not exactly what it's going to be as built. Guenther: That's correct. And it's detailed in the conditions of approval. P&Z00017 Meridian Planning & Zoning April 21, 2005 Page 14 of 49 Zaremba: And the conditions reflect the way it's going to be. Works for me. I had one question and this may, actually, be for Mr. Freckleton. The question is, actually, on page 12, but it's a paragraph that begins on page 11 of the staff report and it's paragraph 11 at the bottom. On page 12 there is a sentence that says: This is to insure that bottom elevation of the crawl spaces of homes is at least one foot above. This is probably not talking about the nearest residences and I'm questioning whether that sentence needs to be there. Freckleton: Mr. Chair, Members of the Commission, that can be struck from the comment. Zaremba: The whole condition or just that one section? Freckleton: No. Just that section. Zaremba: Okay. That works for me. Freckleton: That's what happens when you cut and paste. Zaremba: Happens all the time. And the other question I was thinking to ask is this building and the car wash is likely to be visible on all four sides. Have we given any requirement as to the attractiveness of what would be back sides of the buildings or -- Guenther: The applicant has indicated that there will be -- what their elevation is estimated, that they will be consistent with the Shell logo and the Shell design, but I believe that could also be addressed through the applicant's testimony. Zaremba Okay. We will do that. Thank you. And we are ready for the applicant. Benning: Mr. Chairman, Commissioners, I'm Dale Benning, the architect for Jackson Food Stores. 1 live at 1590 Shenandoah Drive in Boise. I would just address the last comment that we have made about the appearance of the building and it's intended to be very close to the same quality of appearance on all four sides and it's typical of all the buildings out there. The gas fuel canopy on the front is equally -- has the same appearance, so there really isn't -- there is kind of a back of the store, but not really, because there is a major entrance point there for customers. That's coming from the -- from the backside of the store. There is a storefront and a canopy much the same as the front of the building has at that point. So, it's sort of the back of the store, but not really, there is still customer access there and pedestrian walkways all the way around the store. Zaremba: Thank you for that clarification. Benning: There was -- any other questions that I could -- or any other comments that I could address, I would be glad to do so. p&Z00018 Meridian Planning & Zoning April 21, 2005 Page 15 of 49 Zaremba: You have heard, I guess, and probably got a separate notice from ITD about the access on Eagle not being allowed? Benning: Correct. Zaremba: You can work with that? Benning: Yeah. Correct. We, actually, went over and met with ITD and went over the plan and discussed what they were planning with the right turn lane and how that's going to work and so we -- we got that first hand. Zaremba: Thank you. Questions from the Commissioners? Mr. Rohm. Rohm: Mr. Chairman, my question is -- and you're aware of the right -in and right -out on the -- could you put the site plan up? Zaremba: The first driveway on Pine? Rohm: Yes. And you're okay with that and you understand the right -in -- right -in and right -out only at this entrance? Benning: Yes, we are. Rohm: Okay. I just wanted to make sure that -- Benning: We also met with ACHD right in the beginning, because that's always a major issue is the access points, and we knew right from the start that that's what we would have. Rohm: Okay. Benning: Along with the access drive that goes down the required distance away from the intersection And, then, that's a full service access. Rohm: Good. Looks like a good site plan to me. Borup: So, I assume you're fine with all the staff comments? Benning: Oh, yes, we are. Borup: Did you have any clarification on the signage? Benning: No. We haven't -- we have -- there is the possibility of two signs, one on Pine and one on Eagle Road. Or deciding which -- Borup: Are you still planning on it being on the corner? Did you read staffs comment? P&Z00019 Meridian Planning & Zoning April 21, 2005 Page 16 of 49 Benning: Yeah. That is -- we have to determine that. That's probably -- probably the ideal location and I think it would be maybe a little better than breaking it up into two signs. But that's something that we have to determine. Borup: Okay. Benning: Thank you. Zaremba: Thank you. Jack Davis. Would you care to testify? Davis: I'm Jack Davis, director of construction for Jackson Food Stores. 1 live at 429 East Edgar Court in Meridian. And I'd just like to say in terms of the building design, we do plan to make it a little more upscale facility than our usual facility for this location and just be happy to answer any questions you might have. Zaremba: I would just say that I appreciate that. Our sensitivity as apparently is yours, is this is one of our entryway corridors and it's an important part of our city, so I appreciate your concern with that as well. Commissioners, any other questions? Borup: I have none. Rohm: No. Zaremba: Thank you. No one else has signed up, but, again, there is an opportunity for anybody to speak that wishes to. Once, again, it appears we don't really need any rebuttal or comment from the applicant. Any further comments from staff? Guenther: No, sir. Zaremba: Thank you. Commissioners? Rohm: Mr. Chairman? Zaremba: Commissioner Rohm. Rohm: I move that we close the Public Hearing on RZ 05-004 and CUP 05-012. Borup: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? That motion carries. MOTION CARRIED: THREE AYES. TWO ABSENT. P&Z00020 Meridian City Council May 24, 2005 Page 15 of 30 recommending approval. To our knowledge there are no outstanding issues before Council. We were not able to get a letter from all the parties involved. I have an e-mail stating that Kelly at Hanson -Rice does not object to the conditions of approval and -- but I think we need to hear from Glen Walker tonight, I believe, is at this hearing. We have a statement from Doug -- Douglas Bergy saying he's in agreement with the conditions of approval. De Weerd: Okay. Thank you, Anna. Any questions for staff? Bird: I have none. Rountree: None. De Weerd: Please state your name and address. Walker: Glen Walker, 12490 West Stillwater. Madam Mayor, City Council, I'm representing Ten Mile Development and we have read the staff report and fully agree to the staffs recommendation on this and we have no issues -- Ten Mile Development has no issues and I represent Ten Mile Development. De Weerd: Okay. Thank you very much. Walker: Thank you. De Weerd: Okay. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item No. 9, subject to staff recommendations. Bird: Second. De Weerd: Okay. The motion is approve Item 9. Mrs. Green? Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: Public Hearing: RZ 05-004 Request for a Rezone of 2 acres from I-L to C-G zone for Jackson's Food Store by Jacksons Food Store, Inc. — southeast corner of North Eagle Road and East Pine Avenue: Item 11: Public Hearing: CUP 05-012 Request for a Conditional Use Permit to allow the operation of a new carwash and convenience store in a COUNCIL0015 Meridian City Council May 24, 2005 Page 16 of 30 proposed C-G zone for Jackson's Food Store by Jacksons Food Store, Inc. — southeast corner of North Eagle Road and East Pine Avenue: De Weerd: Okay. Item 10 is a Public Hearing for RZ 05-004. 1 will open this Public Hearing with staff comments. Baird: Madam Mayor, I would also point out that we have Item 11 associated with this. It might be a good opportunity to open both hearings. De Weerd: Well, thank you, Mr. Baird, Baird: That's why I'm here. De Weerd: It looks like our planner has recused herself or excused herself. Watson. Yes. Madam Mayor, Councilmembers, due to a potential conflict in interest, the planning director has asked me to present this tonight. The two applications include a rezone of two acres from I-L to C-G and a conditional use to allow the operation of a new car wash and convenience store on this site. The total square footage on the site - - I guess I could -- on this particular site is 5,900 square feet. There would be two commercial buildings. It's located at the southeast corner of Pine Avenue and Eagle Road. There we go. That shows more than either of those other two. The food store would be 3,500 square feet, with a 2,400 square foot car wash, two fueling station canopies. This site was granted a reduction in platting requirement by Council on January 4th of this year. The notable conditions included both parcel one, which is this site, and the parcel two would be a future subdivision. The Planning and Zoning Department does have that subdivision application in their office now, which includes both properties. The other notable condition was the cross -access easements would be required to the east parcel. I'll back up one. Shown here is the site plan or landscape plan, with north being to the top of the page. The store would be somewhat in the center of the lot, with the car wash on the east side of the lot. And evidently this is the elevations provided. The Planning and Zoning Commission recommended approval with conditions. No one testified in opposition to the project. The key issue of discussion at the Commission meeting was access to Eagle Road and Pine. No access is allowed to or from Eagle Road, which was supported by a letter from ITD. There are no other outstanding issues for Council and I will stand for any questions. De Weerd: Council, do you have any questions? Bird: 1 have none. De Weerd: Okay. Would the applicant like to comment? If you will, please, state your name and address. Benning: I'm Dale Benning, Architect for Jackson's, and my address is 1590 Shenandoah Drive in Boise. COUNCIL0016 Meridian City Council May 24. 2005 Page 17 of 30 De Weerd: Thank you. Benning: Madam Mayor and Councilmembers, I would like to answer any questions that you might have about our application. De Weerd: Okay. Just to note for the record, Councilmen Rountree has recused himself on this item. Any questions for the applicant, Council? Bird: I have none, Mayor. De Weerd: Okay. We have no questions. Thank you very much. Also signed up for was Jack Davis. Mr. Davis, do you have any testimony? Okay. Okay. Is there anyone who would like to provide testimony on this application? Okay. Hearing none -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing none and no questions, I move that we close RZ 05-004 and CUP 05- 012. Wardle: Second. De Weerd: Okay. The motion is to close the public hearings on Items 10 and 11. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: TWO AYES. ONE ABSTAIN. ONE ABSENT. De Weerd: Any discussion or further information needed from staff? Bird: I have none. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 10, RZ 05-004, rezone for Jackson's Food Stores. Bird: Would that include the Findings also? Wardle: And to include the Findings of Facts. Bird: Second it. COUNCIL0017 Meridian City Council May 24, 2005 Page 18 of 30 De Weerd: Okay. The motion is to approve Item 10. If there is no further discussion, Mrs. Green, will you call roll. Roll -Call: Bird, yea; Rountree, abstain; Wardle, yea; Donnell, absent. MOTION CARRIED: TWO AYES. ONE ABSTAIN. ONE ABSENT. De Weerd: Thank you. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 11, CUP 05-012, conditional use for Jackson's Food Store and to include the Findings. Bird: Second. De Weerd: Okay. Item 11, motion to approve. Mrs. Green, will you call roll. Roll -Call: Bird, yea; Rountree, abstain; Wardle, yea; Donnell, absent. MOTION CARRIED: TWO AYES. ONE ABSTAIN. ONE ABSENT. Item 12: Public Hearing: AZ 05-011 Request for Annexation and Zoning of 6.26 acres from RUT to R-8 zone for Lyndhurst Grove Subdivision by Highland Development, LLC — 2820 West Pine Avenue: Item 13: Public Hearing: PP 05-013 Request for Preliminary Plat approval of 36 building lots and 5 common lots on 6.26 acres in a proposed R-8 zone for Lyndhurst Grove Subdivision by Highland Development, LLC — 2820 West Pine Avenue: Item 14: Public Hearing: CUP 05-015 Request for a Conditional Use Permit for a Planned Development for single-family detached residential units and single-family attached residential units in a proposed R-8 zone for Lyndhurst Grove Subdivision by Highland Development, LLC — 2820 West Pine Avenue: De Weerd: Thank you. Okay. Items 12, 13, and 14 are AZ 05-011, PP 05-013, and CUP 05-015. 1 will open Items 12, 13, and 14 for public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is Lyndhurst Grove project and it's on the north side of Pine Street, approximately 825 feet east of Ten Mile Road. it is an application for annexation and zoning, preliminary plat, and Conditional Use Permit for a planned development. There are 36 building lots and five common lots on 6.26 COUNCIL0018