Loading...
HomeMy WebLinkAboutAlbertsons VARVFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 8881433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator _ JIM JOHNSON ~'' ', e' , i hairman -Planning 8 Zoning f ~ i ~ F`~..'~y G~TY C)~' ~_~~~~~~~~ TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your. comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Wi11 Berg, City Clerk by: February 28~ 1995 TRANSMITTAL DATE: 2/13/95 HEARING DATE: 3/7/95 REQUEST: Variance request BY: Albertson's Inc. LOCATION OF PROPERTY OR PROJECT: Southwest corner of Cherry Lane and Ten Mile Road JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C _MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN CITY OF i~iERIDIAN 33 East Idaho Street, Meridian, ID 83642 VARIANCE APPLI('ATTON (RE: Meridian Zoning Ordinance) NAME: ALBERTSON'S, INC. Phone: 335-6643 (Owner or holder of valid option) ADDRESS: 250 East Park Center Blvd., Boise, ID 837 6 " GE~iERAL LOCATION:_ Southwest orr,P,- of Cherry Lane and Ten Dille Road LEGAL DESCRIPTION OF PROPERTY; See Attached "Exhibit. A" PROdF OF OWIvFR~gIp OF V4.LID OPTION: A copy of your property deed or option agreement must be attached. FRESENT ZONE CLASSIFICATION: C-N VICINITY SKETCH: A vicinity map and%or site plan at a scaly approved by the City showing property lines, streets e.~cisting and proposed zoning and such other items as the Gity may require. SURROUNDIlVG PROPERTY OWNERS: A list of all property owners and addresses within, contiguous to, directly across the street from, and within a 3Q(?' radius of the parcel(s) proposed for a vaziance must be attached. (This information is available from the County Assessor.) DESCRIPTION QF PROPpSED 'VARIANCE: Request a 0 Foot side yard variance on proposed property line. SIGNATURE: . '~ ~ ~ ~ CTT`Y COUNC.it. RF a"RpS . .... .. Date Received Received by ~. ~ ; Council Hearing Date . CI February 10, 1995 MERIDIAN VARIANCE APPLICATION • Subject Property Location: The vacant parcel of land at the southwest corner of Cherry Lane and Ten Mile Road, Meridian, Idaho. Applicant: Albertsons, Inc 250 East ParkCenter Blvd. Boise, Idaho 83726 ph: 385-6643 Owner of Record: Legal Description: James W. Fuller & Lois J. Fuller 1635 N. Ten Mile Road Meridian, Idaho. 83642 ph: 888-1116 See attachment "EXHIBIT A" The applicant requests a variance of the 10' minimum side yard setback as designated in City Ordinance 11-2-410.A in the C-N, Neighborhood Business District. Our request is to have a 0.00' side yard setback only on the proposed lot lines common to lots 1 and 2 of the proposed two lot subdivision as shown on the attached site plan. It is our intent to leave the sideyard setback adjacent to residential property at the designated 10' minimum. The present use of the subject property is agricultural, last planted in sugar beets. The proposed use would be a neighborhood shopping center including an Albertsons grocery store and a 6,000 square foot retail shop space directly adjacent to and west of the proposed Albertsons store. The irregular shape of the subject property makes it difficult to place a retail shop building in an area that will not disrupt parking lot traffic flows and handicap access to the proposed store facilities. Also this property is bounded to the south by Nampa-Meridian Irrigation Districts eight mile canal which has a 30.00 foot wide easement lying northerly of the property line, which makes this parcel very restrictive and difficult to develop. If the minimum requirements of this Ordinance were applied to this property, it could create a loss of the shops lot entirely. The retail shops lot, is proposed in part to offset some of the financial hardships associated with development costs of this site. , Other sites in the same district do not have the easement and parcel shape restrictions to contend with, as does this site. Because of these existing conditions and restrictive shape of this parcel, the • • applicant will not be given special privledges, but will be able to develop this site with the goals of the comprehensive plan in mind, which is to meet the needs of the residents of the immediate neighborhood and to avoid intrusions into the adjoining residential districts. The buildings shown on the site plan will create a better buffer from the residential district to the west, thus requiring a zero lot line variance approval. Granting a variance on the proposed lot line would allow Albertsons to sell the adjacent parcel and help recover a portion of the land or development costs for this site. For convenience sake Albertsons would prefer the retail shops building and lot be owned outright, because they are not structured to manage real property. PRELIM~IARY SUBDIVISION PLAT W ~ ~~ r CHERRY LANE VILLAGE N0. 1 I ~ ~ ~ UNPLATTED ""`"r'® 1 - - m,PoR'0A[~wrwer a ~ I aKan eo-a b/ Iwv PIA[°r Kn mltlvo ~O1aral -BASIS OF BEARING V - ~ _ ~ ~ o '#1~~8-'41~-~y~ .YG 2 ~ - - - _~ $ ---_ ~- -2 8.53 ra. x ~ - ~ _ _ \ ~,.,..r.,,K.K 8 wsewn oom Iar. avrvr ~ '~ s.oucs<rsw.x 40.00 ~` ` i ar $44:33'42"E r rtewvn ~ ~araPna 42 ~9' ~+ II I I I - \ ~ ~ . ~ . w o n R ~ I . \\ ~ L06A TION OF PROPOSED ~ ~ ~ ~~ ~~ w~ o i I I ZERO LOT LINE. I : ""°"°g'~' ~ ZQ o j ~ ¢W Cn I I D: \ 9 9 w~ ~ I ~ I i ~ ~ i ~ Q ~ ~Q I ~ -' I ate. ~ ~~ .~ ~ LOT 2 a Z `~ ~ I I I v,, 248,605.00 sq./t. Q I \ \ ~~~ - 5.71 acres ~ w ~ N , 'I °w / \ / \ 89'59'55"W ~ ~~; ~ a 'r ~ ~' ti Q ~ ~~ ~ ~.>«~ LOT 1 ~ .~o' 1000' a ~~ c°w.EK 4~ 61 ~ 0.95 acres 0 40~ W ~ 6~ c ann ~ / S89 59'55 "E - 22 I ' aralc x,v.u 5.00' ss• "I mao I : wr rI oI , " T°N r n SEWER LAT. I I ~~ ROPOSED vi I I e J PROPOSED a.ooo :q~r. '~ `°"' \ ALBERTSON'S i ~~ ~ ~$ ~ \ ~~589'S9'S5" 0 51,034 sq.ft. I ~ ~ip ~ - 8.00 p WAT SERV. I ,~ ~ a>a, c xuwr o ~ w FS^ °~^ ar„ ~ b4 2 \ ~ LO TION OF PROPOSED I I ~ ~`~ ~ °~`" 'P ~ ZERO OT LINE. ~ ~ ~ I I I \~ ~ ~ \ Gp ~ .. ~ ~ ~~y ~\ ~O I I I I a oR.. ~ ~Q y °° \ 19V A \ Q' ,°' NIUtt EA4IKNT J \ ""~ ~ 20. 'DEDICATED TO A 26 i t ~ _' _ ~ ~~ ° ~ ,4 p 1 w.wuK mKr „'~ ~ I ti iar rv / \ / i~ I f 1[ / / \ \\ 1 I \ x KioE ~ w ~~ 2RM \ L°l 15 IOIM A for so ~ \ / ~ I i ~ \~ ~, Y \ s I \\ a \ I for r I for a. u j6g wr v \ i ~ I i a y I I .°E lOT 2] ~ I L°r M d /1OI PrE MOQ COKwfIF AlSNAM M ,D' °1I f PUN IA'Xr.O Mw L11P MK IF/3S0 ILK (11lI~1].0S :soo• ssar 1°r ~° w '~~ ~ ' ~I I I S/A tN~,O.tl PoT HEST PAItl( GREEK °K„ E R ~ N. 1/16TH CORNER COMMON „ TO SECTIONS 10 AND 11 • AFFIDAVIT OF LEGAL IN'T~RE_, ~T STATE OF IDAHO } County of Ada ) ss. We, 7A~'~fES VIT. FULLER 8t LOIS J. FG'LLER, of i635 N. TEN MII,E RQAD, MERIDIAN, IDAHO, being first duly sworn upon oath, depose and say; i . That we are the record owners of the property described and attached hEreto as Exhibit "A", and that ALBERTSON'S, II,IC., ~QISE, YbAHO Has a valid binding and legal option to purchasa said property. Dated this i4th day of February, 1995, O~AME~W.! ER Lois r. LE SU85CRYBED AND SWOR'v' to before me ttte day and yeu first above written. _ ~ {Boat} Natacy Public fa dabs Residing at isn . My Commlasion Expires: ~ ~~~~ ~ .~ A parcel in the Northeast I/4 Northeast 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho described as follows: commencing at the Northeast corner of said Section 10; thence, North 89' 16'54" West, (formally North 89'41'38" West per deed recorded as Instrument No. 8351286 in the Ada County Recorder's Office) 530.00 feet along the northerly line of said Section 10; thence, South 00' 43'06" West (South 00' 18'22" West) 4934 feet along the easterly line of said deed to the PO 1NT OF BEGINNIlVG; thence, South 88° 08'56" East, 227?9 feet along the proposed new southerly sideline of Cherry Lane; thence, South 88° 42'45" East, 228.53 feet along said new sideline; thence, South 44° 08'58" East, 42.10 feet to a point in the proposed new westerly sideline of North Ten Mile Road; thence, South 00' 24'46" West, 215.64 feet along said new westerly sideline of North Ten Mile Road, being along a line parallel with and 45.00 feet west of the easterly line of said Section 10; thence, South 04°46'12" East, 221.41 feet along said new westerly sideline to a point in the original westerly sideline of said North Ten Mile Road; thence, South 00' 24'46" West, 432.69 feet along said original westerly sideline parallel with and 2.00 feet west of said easterly section line; thence, North 41° 01'46" West, 766.08 feet along a ditch to the southeast corner of said Deed Instrument No. 8351286; thence, North 00' 43'06" East, (North 00' 18'?2" East) 333.66 feet along the easterly line of said deed to the POINT OF BEG~i I~TG. LESS property sold to the Ada County Highway District for road purposes. This description was written using recorded documents and maps and not from an actual survey. The ditch line above mentioned is a line scaled from an aerial photograph and should be considered approximate only; the basis for bearings of this description is the plans for Cherry Lane prepared by CHZM Hi1I for the Ada County Highway District. EXHIBIT A " • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G.BERG,JR.,CityClerk MAXYERRINGTON JANICE L. GASS, City Treasurer CITY OF MERIDIAN ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. s t 33 EAST IDAHO SHARI STILES up . JOHN T. SHAWCROFT, waste water Planner & Zoning Administrator KENNY W. BOWERS, Fire Chief IDAHO 83642 MERIDIAN W.L. "BILL" GORDON, Police Chief , JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 Chairman -Planning 8 Zoning Public Works/Building Department (208) 887-221 I GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 28,1995 TRANSMITTAL DATE: 2/13/95 HEARING DATE: 3/7/95 REQUEST: Variance request BY: Albertson's Inc. LOCATION OF PROPERTY OR PROJECT: Southwest corner of Cherry Lane and Ten Mile Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 _CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C _MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8t FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: • CITY OF LIERIDiAN 33 East Idaho Street, Meridian, ID 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) NAME: ALBERTSON'S, INC. phoIIe; 385-6643 (Owner or holder of valid option) ADDRESS: 250 East Park Center Blvd. , Boise, ID 83726 GENERAL LOCATION: _ Southwest orn r of Cherry Lane and Ten Dille Road LEGAL DESCRIPTION OF PROPERTY: See Attached "Exhibit. A" PROOF OF OWNERSHIP OF V4Z,ID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: C-N VICINITY SKETCH: A vicinity map and~or site plan at a scab approved by the City showing property lines, streets e.~cis`tirig and proposed zoning and such other items as the City may require. SURRpUNDING PROPERTY OWNERS: A list of all property owners and addresses within, contiguous to, directly across the street from, and within a 3(?0' radius of the parcel(s) proposed for 3 variance must be attached. (This information iS available from the County Assessor.) DESCRIPTTON OF PROPOSED VARIANCE: Request a 0 Foot side yard variance on proposed property line. ~y Gcinncil Heanng_ Date • February 10, 1995 MERIDIAN VARIANCE APPLICATION Subject Property Location: The vacant parcel of land at the southwest corner of Cherry Lane and Ten Mile Road, Meridian, Idaho. Applicant: Albertsons, Inc 250 East ParkCenter Blvd. Boise, Idaho 83726 ph: 385-6643 Owner of Record: James W. Fuller & Lois J. Fuller 1635 N. Ten Mile Road Meridian, Idaho. 83642 ph: 888-1116 Legal Description: See attachment "EXFBBIT A" The applicant requests a variance of the 10' minimum side yard setback as designated in City Ordinance 11-2-410.A in the C-N, Neighborhood Business District. Our request is to have a 0.00' side yard setback only on the proposed lot lines common to lots 1 and 2 of the proposed two lot subdivision as shown on the attached site plan. It is our intent to leave the sideyard setback adjacent to residential property at the designated 10' minimum. The present use of the subject property is agricultural, last planted in sugar beets. The proposed use would be a neighborhood shopping center including an Albertsons grocery store and a 6,000 square foot retail shop space directly adjacent to and west of the proposed Albertsons store. The irregular shape of the subject property makes it difficult to place a retail shop building in an area that will not disrupt parking lot traffic flows and handicap access to the proposed store facilities. Also this property is bounded to the south by Nampa-Meridian Irrigation Districts eight mile canal which has a 30.00 foot wide easement lying northerly of the property line, which makes this parcel very restrictive and difficult to develop. If the minimum requirements of this Ordinance were applied to this property, it could create a loss of the shops lot entirely. The retail shops lot, is proposed in part to offset some of the financial hardships associated with development costs of this site. Other sites in the same district do not have the easement and parcel shape restrictions to contend with, as does this site. Because of these existing conditions and restrictive shape of this parcel, the applicant will not be given special privledges, but will be able to develop this site with the goals of the comprehensive plan in mind, which is to meet the needs of the residents of the immediate neighborhood and to avoid intrusions into the adjoining residential districts. The buildings shown on the site plan will create a better buffer from the residential district to the west, thus requiring a zero lot line variance approval. Granting a variance on the proposed lot line would allow Albertsons to sell the adjacent parcel and help recover a portion of the land or development costs for this site. For convenience sake Albertsons would prefer the retail shops building and lot be owned outright, because they are not structured to manage real property. • • A~'FIDA'V1T QF LEGAL TN'I~RE_~ SzATE OF IDAHO ~ Catiinty of Ada ) ss. We, JA,~+tE5 W. FULLER & LOIS J. FL3LLEI~ of 1635 NI TEN ]VIII,E ROAD, 11riERIDL~Y, IDAHO, being first duly sworn upon oath, depose and say. 1. That we are the record owners of the property described aad attached hErato as Exhibit "A", and that ALBERTSON'S, ~At+C., $OISE,'IDAHO Has s valid binding and legal apticn to purchase said property. Dated this 14th day of February, 1995, ~~4.M~ -~~~ ~/ A Y l~' I Y 0~A VT~1E~ W.~t L~, R LOI5 r. LE SU85CRTBED AND 5WOR'v' to before me the day end year first above written. . ~ - _ . ~ (5oa1) Notary Public fa daho " Residing att tan . My Commiosion Expires: ~'/d~1 &' • A parcel in the Northeast 1/4 Northeast 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho described as follows: commencing at the Northeast corner of said Section 10; thence, North 89° 16'54" West, (formally North 89'4I'38" West per deed recorded as Instrument No. 835128b in the Ada County Recorder's Office) 530.00 feet along the northerly line of said Section 10; thence, South 00' 43'06" West (South 00' 18'22" West) 4934 feet along the easterly line of said deed to the POINT OF BEGINNING; thence, South 88° 08'Sb" East, 227 ~9 feet along the proposed new southerly sideline of Cherry Lane; thence, South 88° 42'45" East, 228.53 feet along said new sideline; thence, South 44° 08'58" East, 42.10 feet to a point in the proposed new westerly sideline of North Ten Mile Road; thence, South 00' 24'46" West, 215.64 feet along said new westerly sideline of North Ten Mile Road, being along a line parallel with and 45.00 feet west of the easterly line of said Section 10; thence, South 04° 46' 12" East, 221.41 feet along said new westerly sideline to. a point in the original westerly sideline of said North Ten Mile Road; thence, South 00' 24'46" West, 432.59 feet along said original westerly sideline parallel with and 25.00 feet west of said easterly section Line; thence, North 41° 01'46" West, 766.08 feet along a ditch to the southeast corner of said Deed Instrument No. 8351286; thence, North 00' 43'06" East, (North 00' 18'?2" East) 333.66 feet along the easterly line of said deed to the POINT OF BEG~vG. LESS property sold to the Ada County Highway District for road purposes. This description was written using recorded documents and maps and not from an actual survey. The ditch line above mentioned is a line scaled from an aerial photograph and should be considered approximate only; the basis for bearings of this description is the plans for Cherry Lane prepared by CIi?M Hill for the Ada County Highway District. EXHIBIT A " PRELIM~IARY SUBDIVISI~JN PLAT w 3 ~ o _ _ CHERRY LANE VILLAGE NO. l l u ~ ~ ~ UNPLATTEO """"m smLer eeoae vii ~ ~ •oo .ow rorcr e,o •oM rsv ra.mr.a seroao mvre'~nw[ atwer tnr~[ ' .~ C~ 36n .~__ •_ _ _ '0°'..a. -BASIS OF BEARING u~ ~ 2b49..5~3' - -- --~^^'------ ------ -~ ..~~ ro ~ T-CHERRR °" T - ,--- -- --,~ 9 --2 8.5 .~ rar \ ----auarc rcrs.w -- - --- - ~L •'"ir-'si~.a ~ ~ ry ~ MTr~tS/L : ~ 40.00 o r rasavnr S44',33'42 °E I I - \~a. I as %~ sr ` ~r ~ R 42.09' ~ I I I \\ ~ ~ LOCfATION OF PROPOSED ~ ~ ~ ~ ~> w~ o I I I \ -rrmrrAn m m ~~ O I 2`~RO LOT LINE. ' ; °"°"`g"~" _- Z a O i I ~ ~ ~ N w cn I , o 9 9 ~ ~ I' z ry W ~W N \ I ~ Q ~ NQ I ! I oai~inrsc'~or~ow \\ ~`a. \ LOT 2 a Z I~ I I I •s?, \ ~\~ 248,605.00 sq. ft. ¢ .I ,\ \ "o ~.oKS.lwnr.w. 5.71 ocres g W s/~ N '~ W ~ \ '' ~ \ 89'59'55"W ~~ 3 ^~~~ ~ ¢ ~ f \\ ~* LOT 1 ~ .tlo' 10~00'.~:"~.« ° "~ ^^ /^~^ ^^ ^^ a casAr 4~ 61 O `~J ~-l~-L~r--/rte N a o~wr ~ ~ \\ 0.95 acres ~~ SB9 59'55 "E I wr r. 45. 0' ^ ^ I a• scan r~ao waamc sra~a 5.00' Lar is rn,w r np •~ rt ~ SEWER LAT. ~ I ~ I sm, Tair ~ ROPOSEO e,ooo Sq:~r. PROPOSED IJ 1 P Lore \~ R ALBERTSON'S ~ ~~ ~ ~s \ ~~589'S9'S5" 0 51,034 sq.ft. I ~ ~ \ 8.00 p WAT SERV I i I w LD sr a.o. rAauwr ~ ~ \ `~'`^,~sc ~ ar,. ~~\ ~ °z LO TION OF PROPOSED ~~. ~ ZERO OT LINE. i III ~ ~Q ~ O ry \J~0 \ y0 ~~' ulY/ry fAYY[NrJ ~ p ~ \ 1 ~' ~~ - ~ 2\ 'DEDICATED TO A n I \ ~- • I ~, , ~ \ I ". ~ ~ i ~ Il~ ~ , \ \\ \ ~ ,<• ~ w I hLO' iccy / Lor ss Lar zs \ \\ ~ i Lor m ~ ' _ \\ ` a I• 0 as \\ n \ ~ I I Lor n I gar ¢~ ~ 9L Lora \ I I 3' ,, I I ~ I \ w.r roc r ra rr[ smac Lar is $ I Lor r mvue~[ ~aao.nav ew aa'x~e Awr Lx n• or• a ruin '~ A'"µso 2 ~ our"atm 1300' star Lar ar '~` •S < MESr 7AR1( CREEK amsr ~ R I I SIA =r1~16/S ro10~ R ~ N. 1/16TH CORNER COMMON _ TO SECTIONS 10 AND 11 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian,ldaho, at the hour of 7:30 p.m., on March 7, 1995, for the purpose of reviewing and considering the Application of Albertson's Inc., for a Variance application for land located in the NE 1/4, NE 1/4, Section 10, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located on the Southwest corner of Cherry Lane and Ten Mile Road. The Application requests a zero foot side yard variance on proposed property line. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 13th day of February, 1995. ~, ~. -~ WILLIAM G. BERG, JR., CI CL RK Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 • 888-4433 _ ~, ,-. Customer s Order No. Name L'J '~ ~ ~ 1975 Date Address Phone: SOLD BY ' ~ CASH C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT _ n , , ~,/, ~ Za ~ ' ~~ I I I ~~ ~ I I ~~ I I I I I I I 316 ~1 I I . ~G2f ~ccompa"ied by this bill. T,AX i i (~ ~~ ~,.. !~ TOTAL Z9fi l ~~~• ~n~, ~rac a/r3/~s- PAY TO THE ORDER OF BOISE, ID 83706 (208) 342-5400 CITY OF MERIDIAN ~~~ I -------- --- WEST ONE BANK. IDAHO. N.A. .3 Z ~ 4 BOISE. ID 83707 ~-,-,~„ DATE 2/10/95 AMOUNT $291.18 TWO HUNDRED NINETY ONE and 18/100 DOLLARS ~. 11'00 3 10411' ~: 1 24 L000 19~: L L00 3 5 2 2 ,~ • Tyrone & Sherry Pollard 3280 Sugar Creek Dr. Meridian, Idaho 83642 Dollcenia Little 3286 Sugar Creek Dr. Meridian, Idaho 83642 Gary & Katrina Johnston 3288 Sugar Creek Dr. Meridian, Idaho 83642 Donald & Peggy Sue Stine 3290 Sugar Creek Dr. Meridian, Idaho 83642 Tommy & Sun Turley 3479 Sugar Creek Dr. Meridian, Idaho 83642 Howard & Lola Kay Brown 3459 Sugar Creek Dr. Meridian, Idaho 83642 Richard D. Frisby 3439 Sugar Creek Dr. Meridian, Idaho 83642 Michael & Mary Lindquist or Elayne Olds 3439 Sugar Creek Dr. Meridian, Idaho 83642 Frederick C, Huth 3419 Sugar Creek Dr. Meridian, Idaho 83642 Douglas & Jean Leno 3369 Sugar Creek Dr. Meridian, Idaho 83642 William & Jean Patterson 3349 Sugar Creek Dr. Meridian, Idaho 83642 L. Mark & Barbara K. Wright 3287 Sugar Creek Dr. Meridian, Idaho 83642 • s ,. • Latter Day Saints Church of Jesus Christ 50 E N Temple Salt Lake City, Utah 84150 Huit 1992 Revocable Trust 1460 N Ten Mile Road Meridian, Idaho 83642 Stonehouse Evangelical Corp. 1450 N Ten Mile Road Meridian, Idaho 83642 Rex & Elma Harrison 1300 N Ten Mile Road Meridian, Idaho 83642 L and R Sales P.O. Box 36 Caldwell, Idaho 83606 Micheal & Elaine Robey 1378 Oakcreek Meridian, Idaho 83642 C~Op~( a BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF_ALBERTSON'S INC. FOR A VARIANCE FROM 11-2-410 A - MINIMUM YARD SETBACK FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on March 7, 1995, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall., 33 East Idaho Street, Meridian, Idaho, the Applicant's representative, Gordon Anderson, appearing and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for March 7, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 7, 1995, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11- 9-612 B. l.b of the Revised and Compiled Ordinances of the City of Meridian; that his requirement has been met. 3. That the property is zoned Neignbornooa tsusiness District, C-N, which is defined in the Zoning Ordinance, Section FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 1 11-2-408 B 8. as follows: (C-N) Neighborhood Business District - The, purpose of the (C-N) District is to permit the establishment of small scale convenience business uses which are intended to meet the daily needs of the residents of an immediate neighborhood (as defined by the policies of the Meridian Comprehensive Plan); to encourage clustering and strategic siting of such businesses to provide service to the neighborhood and avoid intrusion of such uses. into the adjoining residential districts. All such districts shall give direct access to transportation arterials or collectors, be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute all or any part of a strip development concept. 4. That Ordinance 11-2-410 ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS, A, for the C-N District, requires that there be a ten (10) foot side yard setback. 5. That the Applicant, Albertson's Inc., has requested that they be granted a variance from the above side yard setback requirement to have a 0.00 foot side yard setback only on the proposed lot lines common to lots 1 and 2 of the proposed two lot subdivision and it was stated that it was Applicant's intent to leave the side yard setback adjacent to residential property at the designated ten feet. 6. The Applicant further stated in the Application that the proposed use would be a neighborhood shopping center including an Albertsons grocery store and a 6,000 square foot retail shop space adjacent to an west of the proposed Albertsons store; that the irregular shape of the subject property makes it difficult to place a retail shop building in an area that will not disrupt parking lot traffic flows and handicap access to the proposed store facilities; also that this property is bounded to the south by Nampa-Meridian FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 2 Irrigations District's Eight Mile Lateral which has a 30.00 foot wide easement lying northerly of the property line, which makes this parcel very restrictive and difficult to develop; that if the minimum requirements of this Ordinance were applied to this property, it could create a loss of the shops lot entirely; that the retail shops lot, is proposed in part to offset some of the financial hardships associated with development costs of this site; that other sits in the same district do not have the easement and parcel shape restriction to contend with, as does this site; that because of these conditions and restrictive shape of this parcel, the Applicant will not be given special privileges, but will be able to develop this site with the goals of the Comprehensive Plan in mind, which is to meet the needs of the residents of the immediate neighborhood and to avoid intrusions into the adjoining residential districts; that the buildings shown on the site plan will create a better buffer from the residential district to the west, thus requiring zero lot line variance approval; that granting this variance on the proposed lot line would allow Albertsons to sell the adjacent parcel and help recover a portion of the land or development costs for this site; and that Albertsons would prefer the retail shops building and lot be owned outright, because they are not structured to manage real property. 7. That the drawing submitted with Application shows the 0- lot line to be the entire length between Lot 1 and lot 2 of the subdivision plat; that at the public hearing the Applicant's representative stated the 0-lot line need not encompass the entire FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 3 • length of the lot line, but did request that it go from the building to the south lot line. 8. That the Meridian Police and Fire Departments, the Nampa & Meridian Irrigation District and the Central District Health Department submitted comments, which are incorporated herein by this reference; that the Fire Department's comments was that the variance was not a problem if a four hour fire wall was constructed (between the buildings). 9. That zero lot line defined in the Zoning Ordinance at 11- 2-403 B, as follows: Zero Lot Line - A building design which allows for a dwelling to be built to the side lot line and which may include an easement to a neighboring lot for the purpose of upkeep and maintenance of each dwelling. Zero lot line developments can be either dwelling units detached or attached. 10. That zero lot lines are discussed in the Subdivision and Development Ordinance, where it is stated in 11-9-405 F, LOTS, in part as follows: "Zero-Lot-Line Building Lots - a. Yard Setbacks: In no case shall a zero lot line be allowed adjacent to a property line which is not part of the development application. A minimum distance of ten feet (10') shall be maintained between buildings or potential buildings on separate lots. b. Easements: A perpetual six-foot (6') wide maintenance/drainage easement shall be provided on the lot adjacent to the zero-lot-line property line which shall be kept clear of structures with the exception of fences, patios and slabs at grade. Roof overhangs and below grade foundation footings may penetrate the easement on the adjacent lot a maximum of twelve inches (12"), but shall be so designed that runoff from the dwelling place on the lot line is limited to the easement area. The FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 4 • easement shall be shown on the development plan/plat and incorporated into each deed transferring the title to the property." 11. Katie Brown testified stating that her concerns were the noise and light impacts on her property; she also stated that she wanted to know who she should contact about the impacts on her property. 12. That the entire property in question is described in the variance application and is incorporated herein as if set forth in full. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet. of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 5 • • the City and the State. 5. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: "11-9-612 A. 2., FINDINGS: No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would be clearly impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, the nature of condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Ordinance unreasonable under the circumstances, or that the conditions and requirements of this Ordinance will result in inhibiting t h e achievement or objectives of this Ordinance. c. That the granting of the specified variance will be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not violate the provisions of the Idaho code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. 6. That there does appear to be a specific benefit or profit, economic gain or convenience to the Applicant if the variance of the 0-lot line is granted; however, to require would mean that the Albertson store would be ten (10) feet from the retail shop, the spaces would, at least initially, be under the same ownership, and it is not uncommon in the City of Meridian and other areas in Treasure Valley to have commercial businesses abutting each other. FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 6 • 7. That regarding Section 11-9-612 A. 2., regarding the variance of 11-1-410 A, it is specifically concluded as follows: a. That there are special circumstances or conditions affecting the property that the strict application of the provisions of the ten (10) foot set back Ordinance would clearly be unreasonable. b. That strict compliance with the requirements of the ten (10) foot set back Ordinance would result in extraordinary hardship to the Applicant. c. That the granting of a variance would not be detrimental to the public's welfare or injurious to the public. d. That the variance would not have the effect of altering the interests and purposes of the ten (10) foot set back Ordinance which is included in the Zoning Ordinance. 8. That it is further concluded that 0-lot line development has been allowed in residential developments all along lot lines, but the lot lines have been in one plane and not varying in direction; that it does make sense to allow a zero lot line between commercial buildings that the owner, or owners, of the lots desire to have their buildings be adjacent and abutting; it is concluded that a zero lot line all along the boundary between two deferent lot lines when it is likely that no buildings would be constructed along the lot line makes no sense whatsoever. 9. That it is concluded that the variance of 11-2-410 A should be granted to the Applicant, but only along the lot line between lots 1 and 2 where the building to be constructed will abut. FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 7 ~~ APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopt and approve these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN COUNCILMAN COUNCILMAN COUNCILMAN -MAYOR KING YERRINGTON VOTED MORROW VOTED CORRIE VOTED /~ TOLSMA VOTED-G~ 3FORD .(TIE BREAKER) VOTED DECISION That it is decided the Application for a variance from 11-2- 410 A, in the C-N District is granted to the Applicant, but only along the lot line between lots 1 and 2 where the building to be constructed will abut. APPROVED: y ~~ DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 8 • • MERIDIAN CITY COUNCIL MEETING: March 7,1995 APPLICANT: ALBERTSON'S. INC. ITEM NUMBER; 13 REQUEST; ZERO FOOT SIDE YARD VARIANCE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS "REVIEWED" SEE ATTACHED COMMENTS y~ U" a, -" I SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ' • • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk MAX YERRINGTON JANICE L. GASS, CityTreasurer CITY OF MERIDIAN ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. t s 33 EAST IDAHO SHARI STILES . up JOHN T. SHAWCROFT, waste water Planner & Zoning Administrator KENNY W. BOWERS, Fire Chiet IDAHO 83642 MERIDIAN W.L. "BILL" GORDON, Police Chief , JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 8881433 ~ FAX (208) 887813 Chairman ~ Planning 8 zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 28, 1995 TRANSMITTAL DATE: 2/13/95 HEARING DATE: 3/7/95 REQUEST: Variance request BY: Albertson's Inc. LOCATION OF PROPERTY OR PROJECT: Southwest comer of Cheny Lane and Ten Mile Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER --CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ~ECL~ I'V'IED FED 1 ~~ -~~5 CITY OF ~IEI~IDIAN • • -FLUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA WILLIAM G.BERG,JR.,CityClerk MAXYERRINGTON JANICE L. GASS, City Treasurer CITY OF MERIDIAN ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. T w w s 33 EAST IDAHO SHARI STILES , ater JOHN T. SHAWCROF aste oul. Planner s Zoning Administrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 Chairman • Planning & Zoning Public Works/Building pepartment (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 281995 TRANSMITTAL DATE: 2/13/95 HEARING DATE: 3/7/95 REQUEST: Variance request BY: Albertson's Inc. LOCATION OF PROPERTY OR PROJECT: Southwest corner of Cherry Lane and Ten Mile Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) CITY FILES ~/ ~` ~ C~ OTHER: J YOUR CONCISE REMARKS: ~` ~-(- i(Jo t ~ p U'P ~ r0 ~ ~- L~ / 7~" [ S ~ /tea>G~. f ~w~ FEB ~ 4 f~95 Cl1'"Y Ur tal(C~Kr~-rA~~;; CENTRAL •~ DISTRICT 'HEALTH DEPARTMENT REVIEW SHEET Environmental Health Division ~~~~~~ F E s 2 2 ~sg~ Return to: ^ Boise ^ Eagle Rezone ## Conditional Use # ~,r1 ~ Y UIt li~>I.[~lrtiri~ t ^ G d Preliminar/~y. /Final /Short Plat ar en city ~-Meridian ^ Kuna ^ Acz ^ I. We have Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type-of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 9. Street Runoff is not to create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store 13. U~~f~E /VO O~~Z'~ZorJS Date: ~ / /~ Reviewed By: fDND 10/91 rcb, rev. II/93 jll HUB OF TREASURE VALLEY ~ OFFICIALS COUNCIL MEMBERS A GOOd PI3Ce t0 LIVC RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk W S MAX YERRINGTON CITE OF MERIDIAN ROBERT D. CORRIE eer P.EyCity Eng GARY D SM TH WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water supt. SHARI STILES 33 EAST IDAHO KENNY W. BOWERS, Fire Chief IDAHO 83642 Planner s Zoning Atlministrator MERIDIAN W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney , JIM JOHNSON Phone (208) 888433 • FAX (208) 887-4813 ~~~ (~ ~~ //~© Chairman -Planning & Zoning Public Works/Building Department (208) 887-221 (~ v GRANT P. KINGSFORD 1 ~ ~ ~ ~ 1995 Mayor A & MERIDIAN P M NA GG ~~ ~~ gqI TRANSMITTAL TO AGENCIES FOR COMMENTS ON D~.V~:LUIYMENTIPROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments. and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 28.1995 TRANSMITTAL DATE: 2/13/95 HEARING DATE: 3/7/95 REQUEST: Variance rec{uest BY: Albertson's Inc. LOCATION OF PROPERTY OR PROJECT: Southwest corner of Cherry Lane and Ten Mile Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT !FIRE DEPARTMENT POLICE DEPARTMENT VCITY ATTORNEY C{TY ENG{NEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM ~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH -NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8r FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATiON(PRELIM 8r FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: Nampa & Mer>_ ian Irrigation District has no comment on the variance request by Albertson s Inc. for the southwest corner of Cherry Lane and Ten Mile Road. Bill enson, Assistant Water Superintendent Nampa & Meridian Irrigation District VED MAR - 6 1995 CITY OF MERIDIAN yy1LLIAM G. BERG. JR.. City Clerk JANICE L. GABS. City Treasure'neer GARY D. SMITH. P.E., City Eng BRUCE D. STUART: Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. OENNIS J. SUMMERS. Parks Supt. SHARI L. STILES. P & 2 Administrator KENNETH W BOWER Mire Chf~r W.L. "BILL" GORDON. Polka Chief WAYNE G. CROOKSTON. JR., Attorney July 3, 1996 Wayne Crookston 1530 W. State St. P.O. Box 427 Meridian, Ida. $3680 HUB OF TRF.~U~ VALI•EY WALT W MORROW, Prstldsrrt MA A Good Place to Live ~~ ' ~ALp R. TOLS p~AFtLES M. ROUNTREE a~NN R. BENTLEY ITS OF ~~ C 0 33 EAST IDAS s . ~ rnt~!MISSION MERIDIANS IDASO 83642 • FAX <~) 887-4813 JIM JOHNSON, Chaim'~an TIM HEPPER phone (208) 888.4433 (208) 887-2211 public WoricsBtWdtnB ~) 888-4443. a ( JIM SHEARER COY ~p Motor VehicldDriverg ii~ LM MAC ROBERT D. CURRY Mayes RE; ALBERTSON'S STORE Roads Ten Mile & Cherry Dear Wayne: .. res once to ilnforcnation contained in Mr• Richard As you requested, theofoa ~ un 26, 1996. Mollerup's letter to y nsion of water and sewer lines across Lovan property" • 'mss would be 1 • "Exte ro beyond his boundary could or would be required by Mr. Lovan if other p party s~,~ by other lines beyond Mr. Lovan is already ~iy~, In this case, property cared to extend the lines other therefore, in my opinion Mr. Lovan would not be req than to serve his property. s an to the and Albertson's grant 2. "The existing 6 inch sewer line remains The 6 inch line is considers to be a City of Meridian over this six inch line" • for ownership ~ ~ntenance thereof, service line and the City has no authority ~~ that the 6 inch diameter line be according to our ordinance. Inma113' we ~ e of a and to creased in size to an 8 inch diameter' line to taketo ~ and maintain- At this In this as a lateral that we do have authority ce line from one user classify code will allow a 4 inch servi point I'm not sure the plumbing another user to connect to a 6 inch service line from to Mr. Lovan from the end of Aibertson's 3 . Extending a 4 inch diameter service line h to service line at his rovide an approximate dept amount of cover 6 inch diameter line will P ~ that this minimal property line of 2 feet. It is difficult to ewe across N1r. Lovan's property to serve a will .allow extension of a gravity service o an actor pump would be needed building thereon. Probably, under ~a~ o ~e inch diameter liii~e in froirt of at Lovan's building site to pump ~ ood solution because of probable odors . Albertson's. I'm not sure this is a e ~ ~e 6 -inch diameter line. produced at the point of discharg roblem would have been so much simpler if Albeitson's (The solution to the p of our request to build an 8 inch diameter representatives had been understanding ole near their future building pad.) line from Ten Mile Road to the last marsh CENTRAL ~ ~ "' •• DISTRICT ~1THEALTH DEPARTMENT MAIN OFFICE • 707 N, ARMSTRONG PL • BOISE, ID. 83704 • (208) 375-5211 • FAX: 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. 94-160 April 6, 1994 Will Berg, City Clerk 33 E. Idaho Ave. Meridian, ID 83642 Dear Mr. Berg: ~ECEI`IIED APR 1 2 1994 CiT'Y ~~ i~~~~~I~1V This letter is to inform you that I have approved the plans for the Albertson's addition on April 5, 1994. Please continue to keep me informed on any new construction in regards to food establishments. Sincerely, ~~~ P~ Carol J nson, EHS Environmental Health Specialist cc: Tom Turco, Director of Environmental Health Douglas Cobb, Sr. Designer Serving Valley, Elmore, Boise, and Ada Counties Ada /Boise County Office WIC Boise • Meridian 707 N, Armstrong PI. 1606 Roberts Boise, ID. 83704 Boise, ID. Enviro. Health, 327-7499 83705 Ph.334-3355 Family Planning 327-7400 324 Meridian, ID. Immunizations: 327-7450 83642 Ph.888-6525 Nutrition: 327-1460 WIC: 327-7488 Elmore County Office 520 E. 8th Street N. Mountain Home, ID. 83647 Ph. 587-4401 Elmore Counfy Office of Environmental Heaffh 190 S 4th Street E. Mountain Home, ID. 83647 Ph. 587-9225 Valley County Office P.O. Boz 1448 McCall, ID. 83638 Ph. 634-7194 MERIDIAN CITY COUNCIL MEETING: MARCH 21.1995 APPLICANT ALBERTSON'S. INC. ITEM NUMBER; 2 REQUEST; FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A ZERO FOOT SIDE YARD ARIANC AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: L ~~~}'~ ~ ~ foy~. ~~~ a~P ~ ,~' r°J ~' ~,~~ ~ ~ OTHER: ~I Materials presented at public meetings shall become property of the City of Meridian. . ~ ~ • s Meridian City Council March 21, 1995 Page 2 EFFECTIVE DATE. Is there anyone from the public that would like to have Ordinance #695 read in its entirety? Seeing none I would entertain a motion on Ordinance #695. Corrie: Mr. Mayor, I move that we adopt Ordinance #695 with the suspension of rotes. Tolsma: Second Kingsford: Moved by Bob, second by Ron to approve Ordinance #695 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow r Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A ZERO FOOT SIDE YARD SETBACK BY ALBERTSON'S, INC.: Kingsford: Has the Council reviewed those findings? Morrow: Mr. Mayor I would move that we adopt the findings of fact and conclusions of law for the side yard variance by Albertson's as written. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the findings of fact and conclusions of law on the side yard setback for Albertson's as written, roll call vote. ROLL CALL VOTE: Yerrington -Yea, Morrow -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: Alt Yea Kingsford: Is there a motion on the decision? Morrow: Mr. Mayor the decision is that the application for a variance from 11-2-410A in the C-N district is granted to the Applicant but only along the lot line between Lots 1 and -_ 2 where the building to be constructed will abut the existing building. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the decision, all those in favor? Opposed? • Meridian City Council March 21, 1995 Page 3 MOTION CARRIED: All Yea ITEM #3: REQUEST FOR PRELIMINARY/FINAL PLAT FOR TEN MILE SQUARE BY ALBERTSON'S INC.: Kingsford: Questions of staff or the developer? Come: Mr. Mayor, I move that we approve the preliminary and final plat for Ten Mile Square. Tolsma: Second Morrow: Discussion Kingsford: Moved by Bob, second by Ron, discussion Mr. Morrow? Morrow: Would the motion include subject to staff conditions? Corrie: Yes it does. Kingsford: Would you amend your motion please? Corrie: I move that we approve the preliminary and final plat of Ten Mile Square by Albertson's Inc. with the consideration as a condition of the applicant with the staff s conditions that were recommended. Tolsma: Second Kingsford: Moved by Bob, second by Ron to approve of the preliminary and final plat for Ten Mile Square for Albertson's Inc. conditioned upon the staff requirements being met, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: SITE PLAN REVIEW FOR ALBERTSON'S INC.: Morrow: I have questions Mr. Mayor. The preliminary question is on the landscaping plan, on the border that borders Parkside Creek development for a certain percentage of that border there is a design that incorporates a 6 foot high block wall with a landscape berm against the block wall and then at the point where the building touches the easement line it changes to a 6 foot chain link fence and proceeds then to the corner of the Parkside • Meridian City Council March 7, 1995 Page 29 Yerrington: Second Kingsford: Moved by Bob, second by Max to approve of the Conditional Use Permit allowing 172,000 square foot retail and grocery store for Fred Meyer Inc., all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR A ZERO FOOT SIDE YARD VARIANCE BY ALBERTSON'S, INC.: Kingsford: At this time I will open the public hearing and invite the owner or his designee to speak first. Gordon Anderson, 1718 N. 15th Street, Boise, was sworn by the City Attorney. Anderson: I am here to represent Albertson's Inc., what we are here to request is a zero foot off set on a line that will be created common to lots 1 and 2. Lots 1 and 2 are proposed lots of a 2 lot subdivision. I would like to point out on the map that first of all Lot 2 would be outlined by this configuration here. Lot 1 would be outlined by this configuration here. The area we are requesting a zero lot line off set would be just the line that is highlighted here. The purpose we want to do that is so with Albertson's development plan for this site and the site has some constraints which is a configuration of the lot itself. They feel that the best configuration for another development or developed building would be adjacent to and along a common property line as shown on this map. If they are developed as shown here that the purpose they wanted to develop this other lot is to sell that to somebody else (inaudible) that they will just own and maintain the remainder. Kingsford: So you are talking about using a common wall basically between those buildings. Anderson: Right it would be a common wall. 1 think just to highlight again, the irregular shape of the lot does create some constraints on what the development could be. The current zoning ordinance allows fora 10 foot sideyard setback only, it doesn't allow for a zero configuration. Do you have any questions? Corrie: The big plat we had sent to us earlier doesn't have that same configuration. There is shop A but that didn't come around here. Where you have it straight across, let me show you here (inaudible) you have it showing coming up here. • • Meridian City Council March 7, 1995 Page 30 Anderson: This is a map for the (inaudible) and when they decided to name the architect from CSHQA it helped some on this issue. With this configuration they hadn't decided to develop another lot at that time. This was conditional use, we haven't changed any of the other items on this map which would be driveways, other improvements, what happened was the improvements, the proposed lot line configuration just wasn't shown on this map at that time. Other than that the buildings are in the same location, driveways are in the same location, improvements are depicted exactly the same. The only difference between this map and that map is the property line has been drawn. Cowie: You are still going to have this parking in here? Anderson: Yes, I can bring this one up. (Inaudible) parking spaces in here along this bank here. Kingsford: Any other questions? Crookston: Excuse me, on the drawing that you have on the easel there, would you point out where you want the zero lot line along that purple line that you have marked on there? Anderson: (Inaudible) zero lot line on each side of this purple line. Crookston: How far south? Anderson: In the southerly direction it would end at this property line right here (inaudible). Crookston: There is not going to be a building there is there? Anderson: (inaudible) but there will be an Albertson's building that comes out. There will be an Albertson's building that comes straight through here and they won't need to utilize the zero lot line there. We could contain the zero lot line to a more defined area. It is not as if they could shift this building down and develop in this area because of setbacks anyway. Our request to keep it simple was to be common to lots 1 and 2. Crookston: Well, I guess my point is it has been the policy in the past to allow a zero lot line as a common wall, but if you create a zero lot line all the way along the lot line between lots 1 and 2 than that would almost run down to the Eight Mile Lateral. Is that what you are requesting? Anderson: Our request was to create a zero lot line between the two lots 1 and 2. The main purpose is when the Lot 1 is sold that they can develop a building right adjacent to ~, • i Meridian City Council March 7, 1995 Page 31 the Albertson's building. That building there is shown conceptual there is going to be some constraints to the south which won't allow you to build any closer to the lateral but we do want some leeway to shift that building around a little bit to fit within the setbacks and our request was to do it common to lots 1 and 2 to simplify the matter. There won't be any way that they can build near that lateral with a zero offset. Kingsford: I think Gordon I wouldn't have any problem with the zero off set line between those 2 buildings but I would hate to see us grant a zero lot line on your entire purple line. That really opens up a, by us doing that you can make a building right up to your parking lot and I don't think that would be desired at least to me, I don't think it would to the Council. To have it connect to the west boundary of Albertson's I don't have a problem with because you are right, you are not going to move that very far south because you wouldn't meet the sideyard setback. If you move it up to the front of the building that still doesn't bother me but I don't want to see us grant a zero lot line all the way around there. Anderson: Albertson's wouldn't be opposed to that, that would be fine. Tolsma: (Inaudible) northern most line (inaudible). Anderson: It would be appropriate to limit the zero lot line to this line only between this point and this point. I would have to verify with the building layout being that I erased some of the text in here. We might need it on this 8 foot jog here too. Kingsford: Any other questions of the Council? Thank you, is other testimony from the public? Katie Brown, 3459 Sugarcreek Drive, was sworn by the City Attorney. Brown: My question is, the people that were just preceding from Avest they addressed the issues with the property owners. I want to know who we have to contact with Albertson's for them to do the same thing. I want to know what the impact of all of this is going to be on my property specifically. And what they are going to do to off set it. I have no idea to contact. Kingsford: Part of the problem there Katie is that this has been zoned for 15 years and it doesn't have some of the same requirements that the Avest property did. With regard to trying to eliminate some of those impacts certainly this is the body to address those with. Brown: Because at the last hearing you were talking about the lights and noise, that is still a big concern for me. The more properties and businesses you put in that area the more impact it is going to be. I want to know what is going to be to protect our interest. . ~ • Meridian City Council March 7, 1995 Page 32 Kingsford: Certainly we have our Ordinances with regard to height of lights, parking lot lights and direction that sort of thing. Brown: How do we go about getting that information as property owners? Kingsford: We have that information, either through Shari or Gary's department. Anyone else from the public? Seeing none I will close the public hearing. Council members Corrie: I have a question of information, do we need to get clarification from Albertson's on exactly what they want that zero lot line now since they asked for the whole purple now they said they would be willing just to go the store side. Kingsford: I think that at least their representative said that I think what you can grant is just that zero lot line on the north south line. Morrow: We have to do findings on this anyway (inaudible). Tolsma: Mr. Mayor, I would move that we grant the request, I would request we instruct the City Attorney to prepare those findings of fact. Morrow: Second Kingsford: Moved and seconded, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Those findings will be completed at the next meeting. Morrow: Mr. Mayor !might make a comment to Mr. Anderson, it may be to your benefit to address Ms. Brown's issue. One of the things that we have seen with Avest project is it has been a Class A presentation with respect to them working with the neighbors and so on and so forth. I know that you guys don't have the same constraints that they do but it would certainly be to your benefit to meet with the neighbors and explain what your project is and walk them through what is going on in terms of a good way to approach the project so that it doesn't become a major issue when you come before the City Council. It is a piece of advice and that is all. Kingsford: Such things I think Katie is concerned about is the screening on the front, lighting and messy dress, those sorts of issues. So if you would visit with the neighbors affected please.