The URL can be used to link to this page

Home My WebLink AboutAlbertson's PP HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAM G. BERG, JR., City Clerk i S CITY OF MERIDIAN P.EyCity Eng neer GARY D. SM TH BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO KENNY W. BOWERS, Fire chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAXYERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE- CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: March 7, 1995 TRANSMITTAL DATE: 2/21/95 HEARING DATE: 3/14/95 REQUEST: Preliminary/Final Plat for Ten Mile Square BY: Albertson's Inc LOCATION OF PROPERTY OR PROJECT: Southwest comer of Cheery 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 & 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 & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARK ~ECEI'V~1~- F~8 1 4 1995 Ctt tr yr ~acniu~Al~ ~.~ ; ~ • REG~UEST FOR SUBDIVISION APPROVAL PUELIMINAr?Y PLAT AND/Ok FINAL P~ AT PLANNI,4G APtD ZONING COMMISSI04i TIME TABLE Ft3R ~L18MISSTpN; A •request for preliminary plat ap;oroval must be in the City Clerks possession no later than three days following the •regular meeting of the Planning and Zoning Commission. The Planning and Zoning Comm~~sion will hear the request at the montrily meeti:~g following the month. the request was made. ` Alter a proposal enters the process it may be acted upon a= subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 r. M.. Thursday following the Planning and Zoning Commissior, action. GENEkAL INFOkMATION 1. Name of Annexation and Subdivision. Ten Mile Square 2. General Location, Southwest Corner of Cherry Lane & TPn N1ilP 3. Owners of record, James and Lois Fuller Address, 1635 N. men M; 1 P R~ac~ .Zip 8364~'elephone 888-1116 ~. Applicant, Albertsons, Inc. Address,250 E. Park Center Blvd. 5. Engineer, John Grogan Firm CSHOA Address 200 N~. 6th ,Zip83702 Telephone 343-4635 6. Name and address to receive City billings: Name Albertson's, 250 E. Inc. Address Park Center Blvd. Telephone 385-~~.~+,~ . PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 6.9 2.. Number of lots 2 '~ 3. Lots per acre 0.29 ~. Density per acre N/A 5. Zoning Classif ication t ~ ) C-N 6. If the proposed subdivision is outside the Meridian City Limits but rithin the jurisdictional mile, rhat is the existing zoning classification N/A 7. Does the plat border a potential green belt No 8. Have recreational easements been provided for N/A 9. Are there proposed recreational amenities to the City No Explain ,~ 10. Are there proposed dedications of common areas? No Explain For future parks? No ,Explain 11. What school(s) service the area ~4eridian Schools do you propose any agreements for future school sites No Explain 12. Other proposed amenities to the City Yes Water Supply Yes Fire Department Yes Other _ . Explain 13. Type of Building (Residential, Commercial, Industrial or combination) c~ommPrc-i al 14. Type of Drelling(s) Single Family. Duplexes, Multiplexes, other N/A 15. Proposed Development features: a. Minimum square footage of lot(s), 41,365 S. F. b. Minimum square footage of structures) 6,000 S, F. c. Are garages provides for, N/A square f ootage N A d. Are other coverings provided for N/A e. Landscaping has been provided far Yes Describe It will meet city rectuirements (2) .. • f. Trees will be provided for Yes, Trees will be maintained by the owner. g. Sprinkler systems are provided for YPG h. Are there multiple units Yes Type retail sho~nincl _~enter i. Are there special set back requirements Yes Explain Zero lot line variance required ~. Has off street parking been provided for Yes .Explain Parking T,nt k. Value range of property Market value 1. Type of financing far development Private m. Protective covenants rere to be submitte~3 16. Does the proposal land lock other property No Does it create Enclaves No STATEMENTS OF COMPLIANCE: 1. Streets. curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. yes 3. Development will connect to City services. Yes 4. Development will comply with City ordinances. Yes 5. Preliminary Plat will include all appropriate easements. yes 6. Street names must not conflict with City grid system. N/A t3) • 10 February 1995 STATEMENT OF COMPLIANCE Subject: "TEN MII.E SQUARE SUBDIVISION' Dear Commissioners: It is the intent of the applicant to comply with the planned street improvements for this site at the time that they need to be installed, also this development will connect to city services. The planned use of this development complies with the intended use as stated in the City's comprehensive plan as a neighborhood development and also complies with City ordinances. The preliminary plat contains all proposed and existing easements and dedications as of this date. Sincerely, W&H PACIFIC, INC. / ` / ~ /~ Gordon N. Anderson, PLS Project Surveyor for Albertson's, Inc. • STATE OF IDAT30 } Caunty of Ada ) ~VIT QP LEGAL Il~t'I~RE~~ &S. We, JA,~S W. FULLER & LOIS J. FLZLEI~ of 1635 N, TEN MII.B ROAD, MERIDLeu~T, IDAHQ, Being first duly sworn upon oath, depose and aay; 1, That we are the record owners of the property describod and dttaehed hereto as Exhibit "A", and that ALBERTSON'S, TIC., EOISE, IDA~p Has a valid binding and legal option to purchase said property. Dated this 14th day of February, 1995, ~A~~w. •~~ :~~= LOIS r. LE SU85CItTBED AND SWORN' to beforo me the day And year first above written. " - _ . ~ (Ssal} Notary Public fo daho residing at dian . My Commlasion Expire8: ~ ~8M1 &' • 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' 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 POPi iT OF BEGINNING; thence, South 88° 08'Sb" East, 227.29 feet along the proposed new southerly sideline of Cherry Lane; thence, South 88° 42'45" East, 22853 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, 43259 feet along said original westerly sideline parallel with and 2.00 feet west of said easterly section line; thence, North 41° O1'4b" 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 BEGINNING. 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 CH2M Hill for the Ada County Highway District. EXHIBIT A " Fs ~~~ m o w BMQIO~tIWi L88°-1611- ~31M! 3lU ~NIMrtlU 'ON 1 wi 8 ]3fOtld 5 ~ orB •°wne - .,..~~,~ ~ I3I ~ ~1 d leid ,~bdNiw n3bd ~^ osi # sNOS1a387V "°" °'° "°~"' " "`° SNOSla3877' O°°1Q1-~ "° 1 M10 Fi11 'amr[ Fx • :w ~u ~~ai mac3u Pi ~ ~ _~ 7 6 M ~ ~a p ~ S A ~~ 1~ a ~ +~ e ~ ~ ~ ` ~~ ~ G s' E o u~EF ~ ~ Z ~~~ a ~ sF z ~ ~ ~~ g s ~ `~ ~ 1 { ~ }e pe ~ 6 ~•~~ ~G $ ~~~~~ ~ y~9~ U ~r~.~F~ F ~ ~3~G~s~i~~~~~~~la~~.~~$ 8:~3si~ t 8 y Y g N . @ ~ -~ I III ~6~6 2 I I I I 1 ~ at~ ~ ~ ~ ak I ~ F ~F •o• II~i •piBBB ' I I I I I ~~ I .~ N H ~ M e ~,.~ ~~ 8 I I I I I II i ~~~ ~~ _- - __ __ _ _ __- -__ _ _ ~ I °' I ~ ~ @ ~ / ~a rc g `~ ' I W ~ ( n oa I \W W ~='B~e q 8 ~ ~I Ilg ° t 8 ~~ ~a ~ i ia~I ~ I / e° I 1 ~ W~ ~ I B , ~~ a ^~ I 1 ~ ~ Z ~ 3~ ~ I - I .~ ~ I I Q I~~a (W~ ~ v, ~ H I II ~ ~~~ I / I ~j ( ~l J ~ ~ ~ 2~ ~ly C ~ ~` I ~ 1 II; //~ ~1 \ ~ I ~J / ~ ,. I / / W y1~~ }} ~IAZ F I ~ i II III 1 11 I S 5 = ~ ~ ~~a4 Fq y Fp {g i- Ea~ A~E~ ~~~S ~L•~~~~1~~'~~i " p $ gg i ~gg t ~s6~:~ ~~~9~p E~~~~~~A ~~ $ ~ ~ \ a i ~a F ~~ F}Pa_~$t~~ i°~~~ia~~~~~- ~i 6 g dD ~ ~ f ~ p o a~$ ~~~~~ § " ~ i ~ 3~ pB6a ~ _ ~9g$ai:~~a~~~~~fa y~y a °~~~sY~e~Ba~~~i l~Er~Ri~i i W ~> P i ~¢at `~~~7~~a~`1~lO>~I'iy~pa~~~E 1 i> _ g6,.eF a~ a~ t =s ~°~~ ~ ~ipa~~~a~~'ea~ria ! ~5~~ ~~I~~~~aasg~e~aFa~~t~~~~ ~ - ~I e : zg ~_ a ~~~a ~# ~~ ~° o ~~ j ~~g~ ~ ~ ~-, ~ m v O~ WN ~ ~'~ _ ~ ~g 3 ~ ~~~~ ~ ~ _~ ~ ~_~ z a ~ s i ~S'"c v ~~ l /~ D g ~~ ~ ¢ ~g'iF LL yea I F+~~ ~ ~ _ ~~ ~ ~~ga ~ €~ ~~ ~ ~ g ~ ~~ ~ ~ ~-~~ a ~ ~~ ~ 3 ~ ~~ a ~ ly~°d< ~ ` ~ W ~ V ~r W ~+= W # ~ S m C '~ < I~~~ ¢ ~`< _ ~ ~ r ~ ~ ~ ~ LL O ~ w ~,~ ~ r O V ~''°d i1 ~ !R `o > ~ z ! o~ b ~ ~ t g~~ c~~< .-... ~i }Gp~ Go ~ m ` >1i1 ~<CF ~ 0 ~ ~ "'oaG ~~ y v O ~ ~ IQ~~€ ~ ~~ ~ a~ ~ ° W ~ O ~ ~ ~ ~~~ ~ ~~~~~~m ~ ~~~ q ~~~ ~ ~~ ~~~ ~~ a ~ '~~~ ~. ri ~^U~ z a ~~ • o ~ W ~ i~~ ~ ; ~~~~~~~~ ~~~ V Ir ~ ~ ~i i a~~ ~~ Z ~ ~ ~~° ~ ~ ~ ~~~ J° ~ `~ L~ _ ~ gi'~Q~gy~ g ~ t~c~ QQ y~ $ W IRrS ~ Q ~ ;"~~~~s ~ ~~~ W ~ IOO~W ~ ~ ~ ~ '~~~~o~ ~ ~~ o N {~ ~ I~~ Q ~~~&ym~ ° Ise ~~~~~~~ ~ ~~ W ~ ~ ~ ~~a~~ ~~ _~ 1~ == z$ # E'~ ~t ~W ~'~ z ~ ~~ d # ~~ ~6~ ~ !5 ~ ~o ~` a~; ~ e~ s o ~ ~~ o ~ ~ ~~g i E ~e~s€ , ~~ ~~ ~ g ~ryCy~ E as~~d i~ y a~ e~~ ~~ ~ F~ I W O ~:~Cs~ ~~ }3E~ ~~=~b ~ ~8 ~E$~BSeY~~E k ~~n ~ W~z ~i 4~i F~ °Z ~~ZR ~ ~~~~~~~~~~~~ b ~ ~~~ a ~€~ Q~ N tl .P o y ~ ~~o a 8a $s a4 ~ 'q~~~~~~s ~„~ ~~ ~> ~a~ _ ~F~~ <~b~ ~y~ ab „$e ~ ~Rn r S ~~3i ,, 8 g~~ .cR ~r k~ ~ ~S ~~w ~Y ~ I ~o ~Fa u~O ~ ~~ ~=~E~~~$x~S~E~S`F14~$~~~g~ ~ W yal ~l # iz ~4 ~ppS~Ep 3~ <~~ ~~°~ Z N~ ~Yf ~YW ZZ ~/` ~ st `e1 1 ~ ~ ss ' ~' ~ ~~~ , _ s • ~ w se / - ~ ,~ /y ,4 r ~I' ( _. c . ~~ , ~~J . ~;y~~ Ta S~ O \ '` ,' ~. , ---~ ~'; --~_ ~z \. ~ Iz ~s _~I~~ •I ~ it 10 , ~ 4 ~~ 3 J. 5~.~~ n W E /! •~ s 3 ~qF CREEI: p. a I r- \ ~? I ~ ~ I ~_ 3 4 I ~ 6 7 8 .. ~ -- .- ~~ `~y a ` i i ~ --- - CHERRY LANE --'-'---- ~ --- - i I - yy T - ^^~~ [['' z tJ C= 33 34 .. s ;~ ; -~~. , . 3s ... ~ I 4 J N 2 ~ ~ 3 ~ 3? i\ /O~ Z , . ~ z I ~, 3 4 ~ ~ . ~ ~~ 9 S l e /loi~ ~ ~ s i~ ~ r. 3 ~~ PROPOSED SUBDIVISION s s 4 ~ z j. . ~, :ss~s• ~l ••.-- ~l i ;, ~. ~~ ~ ~. ~' 'f ~a G 6 ° &~ T 1' , ~I. ~ ti _ SPP~ICE CREEK S' , 2 y 2 3 24 12~ : Y~ 1 F~~~`r~ -~^., `-'~, gyp.!' - ` ' ` ' I a S ~ 6 _:~._ ~~ :~~ c w, STE?H=N;: ~ , U _ ~ 8 9 FEB 1 3 , 2=~ r. r zs { ~_ 26 ~. ~_ ,. Y ze i- . il'.. nzv X33 SITE LOCATION ,-y, _ APPROXMATE SCALEI"=300' `~ t ~ r I~ ~ '. / I J ~ .. ~' . i b r- ~ ~ ... _J - .. 9 2 B 3 a 2Oj ~ i Z - T W. ANN I ~ / + • ccrvc GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary TO: ACRD Commission INTER-DEPARTMENT CORRESPONDENCE SPRALBER/DSTECH 12-14-94 DATE: December 12, 1994 FROM: Development Services SUBJECT: Site Plan Review - Grocery Store Cherry Lane s/o Ten Mile Road (Applicant - Albertson's Inc.) (Representative - CSHQA Architects, 200 N. 6th, Boise ID 83702) FACTS & FINDINGS: 1. Albertson's Inc. is negotiating for the purchase of the site at the southwest corner of Cherry Lane and Ten Mile Road for a new grocery store. They have requested a conceptual review of the proposed site plan prior to completing the purchase. 2. GENERAL INFORMATION: LEAD AGENCY - City of Meridian ACRES - 6.09 SQUARE FEET OF PROJECTED BUILDINGS - 57,034 ZONING - Commercial CN ESTIMATED VEHICLE TRIPS PER DAY - 3,000 TRAFFIC ANALYSIS ZONE - 273 L.F. OF FRONTAGE ON Cherry Lane- 457 MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Lane EXISTING RIGHT-OF-WAY - 90-feet (recently acquired for Cherry Lane construction project) REQUIRED RIGHT-OF-WAY - 90-feet (45-feet from centerline) Cherry Lane is improved with 27-feet of pavement. L.F. OF FRONTAGE ON Ten Mile Road- 796 MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Lane ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 Site Plan Revie~Cherry Lane s/o Ten Mile .Grocery Store December 12, 1994 Page 3 The following requirements are provided to the City of Meridian as conditions for approval. SITE SPECIFIC REQUIREMENTS: 1. Provide a deposit to the Public Rights-of-Way Trust Fund at the District for the required street improvements of a 5-foot wide sidewalk on Cherry Lane abutting parcel. 2. Dedicate 45-feet of right-of-way from 'the centerline. of Ten Mile Road abutting parcel (0-20 additional feet). The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. 3. Construct a 5-foot wide, concrete sidewalk on Ten Mile Road abutting parcel. Coordinate the design and location with District staff. 4. Locate proposed sign(s) out of the public right-of-way and out of the clear-vision sight-triangle of all street and driveway intersections. 5. Construct the four access points as curb return approaches between 30-feet to 40-feet in width with 15-foot radii. 6. Locate the four access points as proposed on the submitted site plan. STANDARD REQUIREMENTS: 1. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall conform to the requirements of the City of Meridian and shall retain all storm water on-site. 2. Aright-of-way permit must be obtained from ACRD for any street or utility construction within the public right-of- way. Utility cuts should be combined where practical to limit pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details. 3. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACRD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 4. Submit three sets of street construction plans to the District for review and appropriate action. i i -~I ., ..o II I _~~-'~ ~~ ~ R ~ ~ ~ ~ ~~ ~ ~ ~ cif • , j~ ~~ _ ~1 .. I '~ ~ Ir ~---- -~ II I _ `~ I ~~• I S~TF ~, I------ ~. T ~ ~, t .~ I ~ . N ~`:' i + + ~I ice. ~ ,o~~ _-~_~_. ._._.~_ -----~ r---- Ir---~ Or I I ~. i I I ~ ~(~ I I I W ~ ~ ~`~ I ~ ~~ I I' I I I ~ Z-4-_ __ ~f I '~'~+~,,.! i I as I I ~~ ~~•~:~a~ ~ I ~~ I °~°~ I ~~• I I ~~~ I b ~\I ~. ®~ Il if ~~ 11/10/94 16:40 $208 1858 CSHQ:~ ~ :~CHD a' 0 001/001 - 'I . i Post-it" Fax Note 7671 Dare p`s°ges~ } To From v ~ coo®o~. G co. Phone ~+ Phone ~ 5-? ~ Fix ~ Fflx n 58 ,.. ~ ~ ~ 1 • ~~r'•.i ` I I I I ~ ,n'~`'ta • I i II `'~x I I I ~. ~6'~".• N 60' I ~ I I I i I :, .yy..~ I I I I I I I I P2 I I i I 27 32 32 ~.~~~ %•~. ~' 30 32 30 32 .i I i I j I II i ~ ~ :'~ .:~, . e e a a v :. I, I . ' . 1 I { I a ,- '1•.. .n .i.. Y. 'ti .a :,. . .a n, : yea :~:~ !': It ~ I I 15 , I, ~ ~ •, I i 1 I I I \ \ \ DIRE/ Ec11 I 1 1 \ \ I I I ~ i I \ \ 3yws •a• I I I • ` \ iAm .sll. I 1 1 I \ \ I I I \ oL9FR!'SQNS I I \ \ \ • \\ \ \ ~ 6 ~>lb4p ~ I ~ I I \\ ` \ I lYl I \ \ • \ 1 1 ~ ~ ~ 1 ! ~ 1 \ \ \ ~ \ OIIi00iMC7 D61i ~ ~ I 1 I 1 • II I • ctCCnpt I ~ I \ \ ~ ~. wnns LIP ~ ,AR I 1 1 \ \ I I 1'~ ~ 4: ~' '' I I I I I \ .'4;: ~1j i~~ti~: 1 1 \ • :, ~,.., ., I t I \ '' ~+ r BOIi W40MO WI v4 6000 i-, ~ \ ~~Y~r:S~+~;:+'~'~ ~°;:-~ ~ I I /t6 •~ SlRAi Mp \ \ '~ ~ ~' '~'r'~S'~' r I I T00Y. pOSS wgdlri N4 l7,OY S.I. ~ • I I I I 10L( GWMO 0f01i11m 78f IDOL 0111PYIWB PROM6Ea 7B6 \ \ \ \'\ ~ I I f TOMi ~ ~KJI i00~ i,T, (6.06 ~C,r/-} • 11 I 1 Z i8lTZ DATA \ ~ • \ \ \ ~ ~ i ~ } 1 \ 1 I \ . I I I 1 \ \\' 1 I , 1 \ ~ II I ~ vex nrru w Qv crne ~, wx fT~S \ ~ I i ~ i Site Plan Review Cherry Lane s/o Ten Mile Grocery Store December 12, 1994 Page 4 5. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: Karen Gallagher DATE OF COMMISSION APPROVAL: DEC 14199~r • Site Plan Review Cherry Lane s/o Ten Mile Grocery Store December 12, 1994 Page 2 ' EXISTING RIGHT-OF-WAY - 50 to 90-feet (west of centerline: 45-.feet from Cherry Lane to 240-feet south, remainder tapers to 25-feet) REQUIRED RIGHT-OF-WAY - 90-feet (45-feet from centerline) Ten Mile Road is improved with 24-feet of pavement. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. Cherry Lane from Linder Road to Black Cat Road will be im- proved as part of the District's Fiscal Year 1995 road con- struction projects. 4. Meridian's 1994 Comprehensive Plan designates Ten Mile Road as a Minor Arterial from Overland Road to Chinden Boulevard, anticipating a new interchange with I-84. This increases the importance of Ten Mile Road in the regional transportation system and increases the need for protection of its future capacity. 5. This site is located at the intersection of two arterials. This intersection will be controlled by a traffic signal in the future. 6. One access point is proposed on Cherry Lane, and it aligns with Sugar Creek Road on the north side. This access point is proposed to be located 290-feet from Ten Mile Road. This is an acceptable distance for the speed limit, road classifica- tions and signalization of the intersection of Cherry Lane and Ten Mile Road. 7. Three access points are proposed on Ten Mile Road. The two southern access points are located more than 550-feet from Cherry Lane and are proposed for service vehicles; these two access points are acceptable. The northern access point on Ten Mile Road is proposed to be located 281-feet south of Cherry Lane and aligns with an exist- ing church access on the east side of Ten Mile Road. This access meets the minimum offset for the speed limit, street classifications and signalized intersection of Cherry Lane and Ten Mile Road. 8. The shape and dimensions of the site are set by the Eight Mile Lateral that forms the diagonal southwest boundary of the site (see vicinity map). The property across the lateral has been subdivided as Parkside Creek. Therefore, there are no opportu- nities to increase the dimensions of this site. No provision was made for pedestrian/bike connection to the subject site. • •;C ~ f!`C JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary T0: FROM; SUBJECT: ACRD Commission nevelopment Services Cherry Lane w/o Ten Mile Road (Applicant - Albertson's Inc.) (Representative - CSHQA Architects, 200 N. 6th, Boise. ID 83702) rN7`ER-DEPARTMENT CORRESPONDENCE TENMILES/DSTECH ~, 3-8-95 ~' , DATE: March 6, 1995 PRELIMINARY PLAT/Variance - Ten Mile Sguare FACTS & FINDINGS: 1. The applicant is requesting approval of a preliminary plat for a two lot commercial subdivision. and a variance to decrease the side yard setback from a minimum of 10-feet to 0-feet at the property lines common to lots 1 and 2 of the proposed preliminary plat. The property contains 6.9-acres and. is. located on the southwest corner of Cherry Lane and Ten Mile Road. The Commission previously reviewed this use and site as a conditional use permit.. 2. GENERAL INFORMATION: LEAD AGENCY - City of Meridian ACRES - 6.09 SQUARE FEET OF PROJECTED BUILDINGS - 57,034 ZONING - Commercial CN ESTIMATED VEHICLE TRIPS PER DAY - 3,000 TRAFFIC ANALYSIS ZONE - 273 L.F. OF FRONTAGE ON Cherry Lane- 457-feet F'UNCTIONAL' CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Lane F,XISTING RIGHT-OF-WAY - 90-feet (recently acquired for Cherry Lane construction project) REQUIRED RIGHT-OF-WAY - No additional Cherry Lane is in the process of being reconstructed to a 5-land roadway section with sidewalks and bike lanes. • ado county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 PRELIMINARY PLAT -~ MILE SQUARE March 6, 1995 Page 3 • • 9. The location of access points. described above were established during the previous review of the conditional use permit for this use. 10. Subsequent to the Commission's approval for the Albertson's conditional use, the applicant and staff agreed to revise the dimensions of the southern two driveways on Ten-Mile Road from 30 to 40-foot wide curb return approaches with 15-foot radii to 30-foot wide curb return approaches with 35-foot radii. Staff has included this revision in the requirements. 11. The shape and dimensions of the site are set by the Eight Mile Lateral that forms the diagonal southwest boundary of .the site (see vicinity map). The property across the lateral has been subdivided as Parkside Creek. No provision was made for pedes- trian/bike connection to the subject site. 12. Lot 1 has no frontage on a public street. An access easement will be required. 13. Staff recommends that a cross access easement be required of this development to the abutting parcel to the west to reduce. future mutual commercial traffic from entering and exiting Cherry Lane Road to access both sites. • 14. The site plan for the proposed, development shows two pylon signs located near the driveways accessing the site.. Signs. must be installed outside of the visibility triangle. Sign locations should be coordinated with District. staff. The following requirements are provided to the City of Meridian as conditions for approval. SITE SPECIFIC REQUIREMENTS: 1. Construct a 5-foot wide, concrete sidewalk on Ten Mile Road abutting parcel. Coordinate the design and location with District staff . 2. Locate proposed sign(s) out of the public right-of-way and, out of the clear-vision sight-triangle of all street and driveway intersections. 3. The two pylon. signs must not conflict with the driver's vision triangle at the two driveway entrances. 4. Construct the two access points (one on Cherry Lane and the northern one n Ten Mile Road} as curb return approaches. be- • tween 30-feet to 40-feet in width with 15-foot radii. PRELIMINARY FLAT -~ MILE SQUARE March 6, 1995 Page 5 5. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments., please. contact the Development Services Division at 345-7662. STAFF SUBMITTING: Karen Gallagher • DATE OF COMMISSION APPRO~TAL: • ;~ ~~ ~~~ ~kL~ i W '~ ,, ~ U ~ S~ y ~S ~~ ~~ ~~ ~~ ,~ o ~ ~~~~~ggY~~a ~e ~ ~ z; n q > ~, s bYl 1tl~~ M: ~2$ 21E ~S °z I V ~ •O~ •~ I ~~~ ~ ~ I ~,,,,,„ ~` EN ~ 11. t 120 ~~ M g I k g ~, -- -~---~~_ 8 L- avoa arr ~ ,riarci-- l+. (W/1 0 SIR } --- -- -- - I ~o In J f ~ t w ~_ wo ¢ ~W ~~ ~ ~R~ ~ 8 H m ~ ~ ~ ~ ~ I ~~~~ o W ~ ~ ~ l~: - ~~~. ~, ~ ~ ~~ ~ z g ~~n a ~ 1 ba ~~ ,. a Y ~ t ~ \~w ~ ~ i + i ~ ~ d R~9 ~ ~~~ ~ ~ ~ I~ g ~ ~ 4 ~ "i I b8'tCf 3ZZ.BWON z~c~ j J~ i~ I ~~ m /, ~w g / ; J ~o~ 41 ~ '~ ~' razes z i ~ ~ ~ 1 ~ O W ~ ~ + ~ / Tb~ ~ , V ~I (~ v ~ ~ 1 \ tt ~ ,~c~ ~ / OuW'1~ 1 ~ I ~ CS'~/~~/ I I \ v I ~ 1 ~~ ~, I I ~tl E ~ ~ I Z ~ p 1 / &~ ,b ~'° ~• i ~ a~.,,¢~,,. /Ay'' ~ d .G~ti ,~ ~~ 1 ~' ' ~ ~ ~1 ~ i ~ ~ /sY~ / I , ` ~ s I '~ I r' ~ I I I ~ \~~y ~_ I ~/~/ I ~ / / 1 R ~+ S ~ b~ °z ~~ w ~° g~ S q~ ~g ~ ~~ t$ ~~ :~ N ~~ o r~~ v V a~ ~' ~ ///~~~!! I• 1 V ~`~ ~' / +S ~. t3 d se !2 ~ ,3 ~ .,~ r T-' 17 ... ` Is ~ ~~ n -. \ 14 ~ '~ \ I, / 12 _O ~~ .I ~.1 Io/ ~ ~ 4 w 2 ' 3 g. 1 6 S ~ ~ S 3 .~ 2 3 SU~gF CREE{: ~~ wE ! \ :r 1 b Z ~\ s (~ IQ~ ` 3 4 ~ S 6 7 8 9 . , ~1 'Q ~ I _ c I' _~' ... --- ! . -"`CHERRY LANE --~----=: --- - ~ * PROPO; ~~ 33 34 1 ~1 i' ~ ~ ~ 3 S i I 4 J N . 2 1¢ C: 3 ~ 3? r ,O z Z I. 4 3 ~ S 9 ~ 10 /; // 9 _- B z ~ a. I ~. Z 3 ! 6 ~ g • N~ww sr, ~y a ' z~ Su •E S Su B. 0. 3 ~~' I4 13I '2 I®~p I y 8 ~ ~~ 19 !~ I ~ ~S I~ 1~ ~~s~rsll. irs~ I s ~ ~ I ` 3 W, ~~ 29 2 t Iz R 4{ > 19 IB I IT II Q ~ w. STE?Hann, to ~ ~ U g > 7 8 9 V a 8 = 6 3 a l . i T W. QFJN i s s a 3 2 ~. IW ~ Q ^ _-r J . Z W ? I- ' ~ ~i~ ~~~~ C`Q ~~ ~~ e J ~ ~ 6 g ,~ T ~ ~ li ~ s SPPVCE CREEK S' '2 23 2! 12 _ :.. ~:K' ~: 1 r' ,,• ~.: r ,.~~. 1 ~ ice. ' ` ~- SITE L t ~~ - ~- -_~. OCATIO APPROXMATE SCALEI"=3 r n ~~ ~, s ~ '~ ;i ^I Lrf ~ } ~I _ F ~~ 2 1 ~ \~J ~. (~~1 ~Y~. r~``~ ~ 1' kGil f'f~,itiliJ!?~ FEB1~ a PRELIMINARY PLAT - ~ MILE SQUARE March 6, 1995 Page 4 ~J 5. Construct the two southern access points on Ten Mile Road as 30-foot wide curb return approaches with 35-foot radii. 6. Locate the four access points. as proposed on the submitted site plan for the conditional use approved by the District December 14, 1994. 7. Comply with the requirements for conditional use for this site approved by the District on December 14, 1994. 8. Provide a cross access easement to Lot 1 across Lot 2 to a public street(s). 9. Provide a cross access easement to the abutting parcel to the west for access to Cherry Lane Road. STANDARD REQUIREMENTS: 1. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall conform to the requirements of the City of Meridian and shall retain all storm water on-site. 2. Aright-of-way permit must be obtained from ACHD for any street or utility construction within the public right-of- way. Utility cuts should be combined where practical to limit pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details. 3. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 4. Submit three sets of street construction plans to the District for review and appropriate action. • PRELIMINARY PLAT - ~ MILE SQUARE March 6, 1995 Page 2 L.F. OF FRONTAGE ON Ten Mile Road- 796-feet FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Lane EXISTING RIGHT-OF-WAY - 50 to 90-feet (west of centerline: 45-feet from centerline from Cherry Lane to 240-feet south, remainder tapers to 25-feet from centerline) REQUIRED RIGHT-OF-WAY - 90-feet (45-feet from centerline) Ten Mile Road is improved with 24-feet of pavement. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. This is an appropriate location for this use. The streets are, or will be, adequate to accommodate the traffic to be generated by this project. 4. Cherry Lane from Linder Road to Black Cat Road is currently under construction as part of the District's Fiscal Year 1995 road construction program. All right-of-way for this project has been acquired along Cherry Lane and for the transition on Ten Mile Road. Some additional right-of-way for corridor preservation along Ten Mile Road should be acquired now to reduce future costs. 5. Meridian's 1994 Comprehensive Plan designates Ten Mile Road as a Minor Arterial from Overland Road to Chinden Boulevard., anticipating additional interchange with I-84. This increases the importance of Ten Mile Road in the regional transportation system and increases the need for protection of its future capacity. 6. The intersection of Ten Mile Road and Cherry Lane Road will be controlled by a traffic signal in the future. 7. One access point is proposed on Cherry Lane, and it aligns with Sugar Creek Road on the north side, 290-feet from Ten Mile Road. This is an acceptable distance for the speed lim- it, road classifications and signalization of the intersection of Cherry Lane and Ten Mile Road... 8. Three access points are proposed on Ten Mile Road. The two southern access points are located more than 550-feet from Cherry Lane and are proposed for service vehicles; these two access points are acceptable. • n L...I The northern access point on Ten Mile Road. is proposed to be located 281-feet south of Cherry Lane and aligns with an exist- ing church access. on the east side of Ten Mile Road. This. access meets the minimum offset for the speed limit, street classifications and signalized intersection of Cherry Lane and. Ten Mile Road. • RECEIVED ~I MAR 1 41995 ' i CITY OF MERIDIAN March 9, 1995 JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary To: ALBERTSON'S INC C/O CSHQA ARCHITECTS 200 N. 6TH STREET BOISE ID 83702 ; .. From: Karen Gallaglier;-C~din~or Development Services Subject: TEN MILE SQUARE -PRELIMINARY PLAT On March 8, 1995, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report . In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, together with payment of plan review fee . b . Execute an Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services . c. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements . 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs, as required . 4. If Public Rights-of-Way Trust Fund deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District . ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 • L~~~I~ JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary T0: ACHD Commission ~N~~'ER-DEPARTMENT CORRESPONZ}ENCE TtsNMILES/DSTECH 3-8-95 DATE ; P~Tarch 6 , 1995 FROM; Development Services StTBJECT: PRELIMINARY PLAT/Variance - Ten Mile Sguare Cherry Lane w/o Ten Mile Road (Applicant - Albertson's Inc.) (Representative - r_SHQA Architects, 200 N. 6th, Boise ID 83702) FACTS & FINDINGS: 1. The applicant is requesting approval of a preliminary plat for a two lot commercial subdivision and a variance to decrease the side yard setback from a minimum of 10-feet to 0-feet at the property lines common to lots 1 and 2 of the proposed preliminary plat. The property contains 6.9-acres and is. located on the southwest earner of Cherry Lane and. Ten Mile Road. The Commission previously reviewed this use and site as a conditional use permit.. 2. GENERAL INFORMATION: LEAD AGENCY - City of Meridian ACRES - 6.09 SQUARE FEET OF ZONING - Commercial CN ESTIMATED VEHICLE TRIPS PER DAY - TRAFFIC ANALYSIS ZONE - 273 PROJECTED BUILDINGS - 57,034 3,000 L.F. OF FRONTAGE ON Cherry Lane- 457-feet FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Lane F,XISTING RIGHT-OF-WAY - 90-feet (recently acquired for Cherry Lane construction project) REQUIRED RIGHT-OF-WAY - Na additional Cherry Lane is in the process of being reconstructed to a 5-land roadway section with sidewalks and bike lanes. ado county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 PRELIMINARY PLAT - ~ MILE SQUARE March 6, 1995 Page 3 • 9, The location of access points described above were established during the previous review of the conditional use permit far this use. 10. Subsequent to the Commission's approval for the Albertson's conditional use, the applicant and staff agreed to revise the dimensions of the southern two driveways on Ten Mile Road from 30 to 40-foot wide curb return approaches with 15-foot radii to 30-foot wide curb return approaches with 35-foot radii. Staff has included this revision in the requirements. 11. The shape and dimensions of the site are set by the Eiyht Mile Lateral that forms the diagonal southwest boundary of the site (see vicinity map). The property across the lateral has been subdivided as Parkside Creek. No provision was made for pedes- trian/bike connection to the subject site. 12. Lot 1 has no frontage on a public street. An access easement will be required. 13. Staff recommends that a cross access easement be required of this development to the abutting parcel to the west to reduce future mutual commercial traffic from entering and exiting Cherry Lane Road to access both sites. 14. The site plan for the proposed development shows two pylon signs located near the driveways accessing the site.. Signs. must be installed outside of the visibility triangle. Sign locations should be coordinated with District staff. The following requirements are provided to the City of Meridian as conditions for approval. SITE SPECIFIC REQUIREMENTS: 1. Construct a 5-foot wide, concrete sidewalk on Ten Mile Road abutting parcel. Coordinate the design and location with District staff . 2. Locate proposed sign(s) out of the public right-of-way and out of the clear-vision sight-triangle of all street and driveway intersections. 3. The two pylon signs must not conflict with the. driver's vision triangle at the two driveway entrances. 4. Construct the two access points (one on Cherry Lane and the northern one n Ten Mile Road.) as curb return approaches be- tween 30-feet to 40-feet in width with 15-foot radii. PRELIMINARY PLAT - '~ MILE SQUARE March 6, 1995 Page 5 5. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: Karen Gallagher DATE OF COMMISSION APPROVAL: MAR 0 ~3 1995 k~k' N ~~ E~ ~ I ~ ~ M o ,R, ~ ~ t '~3 Y,~ ~ d~ ~, ~~~a~~~ ^ ~a a ~~ ~` ~u r ~ i a a~. .+ ~44^~4yQ~~~ ~ ° ~I~EM:~Z$tlE3~ kttor ~ ~ $ o I v r ~' ' w ~~ W I `' • ~ I .o. # q I ~t@ I I $~~ ~ ~r„~,'(EN ~I~t r2o~~ ~~ I ~ ~~ g I ~ $ g ~~ z oroa 3-rn +'l31 ,»azci 3.50,00.00N \ _~ +~ sovno'az'w zrSeY SOSrO''~rt YZ+•~Y SD000'05'M ao.7~~ $ I aruv ~uvr ~ Wy ~ 1 I I z ~ ti I ~ $ a .~ /~ W O~ ~ R ~ q l W ry O ~ G/ ,/ / I w -~- ~ ~ 1~ ~ , ~ ~~ 10~, N ~ ~ti ~ I I i ' ~ ~z~ w ~ I ~ ~ {w g. // II ' I ~ O. Wr7o z ~ ~ r I ~ ~ ~ + ,u~iz ,~ ~ ~ I ~ a ~ ~ I ~ I ~ ~ ~ ~ .ea'tct 3SZ.swoNm Wz~ Z r I ~! o~ ,' ~/' I y', ~- I ~ / ~ ~ ~~~ w ~ I I r ~ ~ ~~ /~1,1 I ~~ i V I ' / I I I \\~ I IR II / ~ !b Irl I I~~ Y I I I ~ R ~ ~~ °z ~~ w ~O 9~ ~o ~ ~3 /• ~ se r / !2 ~ I Z . 5 u .!; RS .S 8. 0. 3 ~ ' U / .~ ~4:re ., ~ ~. 19 IA 17 T ~~~•_ ~ ~ 14 IS '2 II ~ b 9 8 ~ ~ (((~\ /,' 1 \ 27 , ,~ 1 ~~ \r'r(~ ~ ~ ~~ ~ I 19 t~ g I 3 i 6 l O • \ 41 I ~ Id W. ~~ 17 ~ ~ ~ 1! { / 2L' 2t 1~~\ •~ ~~~ 2 1 F , 17 i6 tS N 12 yJ 14 ~ \ ~ ~ ~. ~ I t 1 19 IB I 17 ~ ) ~~.. ` I II Q } / gyp. I -_'- - I ~ ' • Iz~ ~ Iz/ ~ ~ a W. STE?Haklr _~I~\ ~1 it 10 ~ 4 ~ 2 ~ / q ~ i'~ ~_ IC U 13 8 6 S . S 6 ~ ~ _~ } ~ _' ' . 3 `vE /~ CREEL: \\ -~ a = 6 s d a ~ I p z ! ~: ~~, ~ o ' ~ I \ C J I O ` 3 4{ S 6 7 B 9 W .. T W. ANN ---- CHERRY LANE --'-------- --- - - ~ ' R--- - I s~ I ~ ~ ~l 1 'r. ^,Ir I # PROPOSED ~~' ,-. p~ = SUBDIVISION 33 3, s _ ,,. ~~ ,, Y N . 2 1 ¢ ~ sy~ ry •~.~, 3 = 3? 7 ` !~ Z ~ /<l~ 3 Z I. _ C~~ q I // 9 ~~ 6 10 /~ ' 'a ~ 6 r ~ -. N = ` I! SPP'JCE CREEK S' 2 23 2? 12 ... ~ w s... - ,I ,...T _ _ i '`~ s. _ r.,.~~_ I / ~~ . '- -. SITE L '~~•. •~ ---- . _ ~ ... \s_ ..._.... . `•} yy~ ~__• { 1 .: 1 " ' I OCATIO APPROXMATE SCALEI"=3 BIER I~ ~ A ~ tELl~l~r~gay SLAT VA~q WCE _~ ~~r~ ~ I' I "'~ f'f~,irl~l+~~•~ FEa 1 3 ,, 2J,r a ~ 2S 26 ; y - I -1 ze ~: .~' -~ a ~~ PRELIMINARY PLAT - `P~i MILE SQUARE • March 6, 1995 Page 4 5. Construct the two southern access points on Ten Mile Road as 30-foot wide curb return approaches with 35-foot radii. 6. Locate the four access points as proposed on the submitted site plan for the conditional use approved by the District December 14, 1994. 7. Comply with the requirements for conditional use for this site approved by the District on December 14, 1994. 8. Provide a cross access easement to Lot 1 across Lot 2 to a public street(s). 9. Provide a cross access easement to the abutting parcel to the... west for access to Cherry Lane Road. STANDARD REQUIREMENTS: 1. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall conform to the requirements of the City of Meridian and shall retain all storm water on-site. 2. A right-of-way permit must be obtained from ACRD for any street or utility construction within the public right-of- way. Utility cuts should be combined where practical to limit pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details. 3. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land. Surveyor, in compliance with Idaho Code, Section 54-1215. 4. Submit three sets of street construction plans to the District for review and appropriate action. PRELIMINARY PLAT - T~ MILE SQUARE March 6, 1995 Page 2 L.F. OF FRONTAGE ON Ten Mile Road- 796-feet FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Lane EXISTING RIGHT-OF-WAY - 50 to 90-feet (west of centerline: 45-feet from centerline from Cherry Lane to 240-feet south, remainder tapers to 25-feet from centerline) REQUIRED RIGHT-OF-WAY - 90-feet (45-feet from centerline) Ten Mile Road is improved with 24-feet of pavement. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. This is an appropriate location for this use. The streets are, or will be, adequate to accommodate the traffic to be generated by this project. 4. Cherry Lane from Linder Road to Black Cat Road is currently under construction as part of the District's Fiscal Year 1995 road construction program. All right-of-way for this project has been acquired along Cherry Lane and for the transition on Ten Mile Road. Some additional right-of-way for corridor preservation along Ten Mile Road should be acquired now to reduce future costs. 5. Meridian's 1994 Comprehensive Plan designates Ten Mile Road as a Minor Arterial from Overland Road to Chinden Boulevard., anticipating additional interchange with I-84. This increases the importance of Ten Mile Road in the regional transportation system and increases the need for protection of its future capacity. 6. The intersection of Ten Mile Road and Cherry Lane Road will be controlled by a traffic signal in the future. 7. One access point is proposed on Cherry Lane, and it aligns with Sugar Creek Road on the north side, 290-feet from Ten Mile Road. This is an acceptable distance for the speed lim- it, road classifications and signalization of the intersection of Cherry Lane and Ten Mile Road. 8. Three access points are proposed on Ten Mile Road. The two southern access points are located more than 550-feet from Cherry Lane and are proposed far service vehicles; these two access points are acceptable. The northern access point on Ten Mile Road is proposed to be located 281-feet south of Cherry Lane and aligns with. an exist- ing church access on the east side of Ten Mile Road. This access meets the minimum offset for the speed limit, street. classifications and signalized intersection of Cherry Lane and Ten Mile Road. • • March. 9 , 1995 Page 2 ~. 5 Furnish easements, agreements, and all other datum or documents as regtxired by the District . 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission if requested within 15-days prior to the expiration date . Please contact me at 345-7680, should you have any questions . KG 1 cc : Development Services Chron CITY OF MERIDIAN ' '. ? c~~~c JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S, EASTLAKE, Secretary Mr. Kevin L. Mortensen Area Real Estate Manager Albertson's, Inc. General Offices 250 Pazkcenter Blvd. P.O. Box 20 Boise, ID 83726 Re: Proposed Albertson's S WC Cherry LanelTen Mile Ten Mile Squaze Deaz Mr. Mortensen: Apri129, 1995 I have received your letter of Apri120, 1995, in which you objected to the requirement by the Highway District to provide a cross access easement to allow future interconnection between Albertson's proposed site and the adjoining property. Developing the great number of shopping center sites that you do, I am sure that you aze awaze of the major source of accidents and traffic congestion that numerous and closely spaced driveways can cause along a fully developed street. Your letter identified considerable concern for safety as one of the reasons for the objection. Your concern is multiplied many times over by the Highway District as we review all the development applications in Ada County and attempt to avoid the multitude of curb cuts that have been allowed to develop in the past along streets such as Fairview Avenue, State Street, Broadway Avenue and Chinden Boulevazd. The intent of the requirement placed on your proposed development was to create a future situation in which the adjoining property can be developed with no more than one additional curb cut. Connection between the two pazcels will allow customers of both businesses to cross from one pazcel to the other without having to drive out onto Cherry Lane and then turn into another curb cut a couple of hundred feet along the street. I was disappointed to read your statements that indicated that the cross access easement was of no value to Albertson's and therefore there was no reason for Albertson's to be interested in it, because: " 1) which we have no legal interest in; 2) which we no not need for successful retail operations: 3) that we cannot foresee development of in timing and substance." ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 and: "The next item of concern is value. How much is the owner of the Lovan property willing to pay as consideration for this easement? There certainly is no mutual benefit to Albertson's. We do not need the easement and the Lovan property would benefit tremendously by having a large contemporary Albertson's grocery anchored next to it. We expect to be compensated in exchange for this easement and access right across our property." It seems to ACHD staff that the easement could certainly be of benefit to Albertson's customers and therefore to Albertson's itself. Actually, there may be significant value to Albertson's customers because when the traffic increases to the level that we all know it will, customers trying to exit your driveway onto Cherry Lane will experience difficulty and delays because of the proximity to the intersection and cars slowing down for or stacked at the signal. This cross access easement will be of value then to Albertson's because it may help retain customers by making their trip safer and more convenient. The responsibility of the Highway District is to promote safety and convenience in the usage of the public streets and a cross access easement would certainly do that. I can understand and appreciate the apprehension that you have to grant an easement to an unknown entity. However, I don't believe that modem market pressure and zoning practices will allow something to occur on the adjoining property that is "(...repulsive to our customers)," as you stated in your letter. I am hopeful that Albertson's will recognize the value to the traveling public, including future customers of Albertson's, and go halfway with the Highway District to avoid the hazards that will be created if there is no future connection between the two business uses that will occupy these two properties. Please let me know if there are any alternatives that would be acceptable to Albertson's but which would also satisfy ACHD's public safety concerns. pervisor cc: Chron Project File Traffic Services Engineering Services Director Attorney Mayor Grant Kingsford Shari Stiles, Planning & Zoning Administrator Jirn Johnson, Chairman, Planning & Zoning Commission Gordon Anderson, W & H Pacific March 15, 1995 Shari Stiles, Planning Director City of Meridian 33 E. Idaho Street Meridian, Idaho 83642 RE: Submittal of Conceptual Landscape Plan Albertson's No. 180 S.W.C. Cherry Lane and Ten Mile Road Meridian, Idaho Project No. 94160 Dear Shari: At the March 7, 1995 meeting of the Meridian City Council, Findings of Fact and Conclusions of Law for Variances from 11-9-605 M Tiling of Ditches and Variance 11-9-605.G from 20 foot Planting Strip were presented and approved. Item No. 22 of conclusions required the applicant to submit a landscape, screen and buffer plan showing how the applicant proposed to provide screening and buffering for the homes that are, and will be, in Parkside Creek. Please find attached ten (10) copies of a conceptual landscape plan for the entire project. Also attached are cross sections at each property line indicating how the applicant proposes to provided screening and buffering for the homes in Parkside Creek, the Lovan property to the West and the required berming along both Cherry Lane and Ten Mile Road. As of the time of the writing of this letter, I am unclear as to the forum in which these plans will be presented to the Meridian City Council. Please contact me at your convenience, once a date has been scheduled for presenting the enclosed information to the City Council. If you have any questions, or need further information, please do not hesitate to call. Sincerely, CSHQA Architects/Planners ~~~~, Craig A. S ocum Project Architect CS:mo Enclosures pc: Scott Edens, Albertson's, Inc. Kevin Mortensen, Albertson's Division Office .h :. .... .r ................ ...................... .. .....:.:....v..:::....:.v...............................................x.:........................................................................ ......r ~..,:........ h{1 ...................:..?............~::::::....................,.........................::.......xy.~................ ... ....:..}~J .........................................................................:.::::.:::::::::::::::::::::............ ............. f... ....................................... ............:::::::::::::::.: ~:::::::.;'::::.: ~:::.:~:.: ~tii::-:.;.::.;':.yw:.:'Jii?iSi::::.}':.;':.; :..; ::.; :..y'::.:':.:'oiY:.;;.y.y::.; :.; .:.:'::.:'.::':: pi> ... iiii' .. ..; :. .:.. r ... .: .:: p: : .. .: ...:::::.: .:: .: :: ...i> . ;~. ,. ii:.~ ..iii: ' .::.:.. ". ~ ::iS:. .: ::.': ::..:p:~i ' :~.' ~Y ~i': :...,x..::. is < ... ; ::.::: ~ ;: i ::.::.:::~:<::. :::< .:::.; .; :.:. ;:;:•:.:«....::::.:.<.; :.... >..:. >,:;.:.~:~`~:~.::.::::..:.~f#~.: 3?'~:~..~.~::~:::::::.F~~::..~.#~ &.::34.x::;. ~..$.~a.~ . . C~.....:1.t~...T~4.T~f~....... Qty:Nn~T~i,<.:::::::~Q.(~E,.h.l~.: Q.:..~. .............:.....v.4......:::::~,::.:::::::::::::::::::::::::::::::.::.:::.:.::::::f.::::::.:::~.:::::::.::::::::::::::::...:. - • PEOPLE WHO LISTEN ~~. • N. 27J'4E' E ~oaoo' N. o'le'2z' E. 21a. 2' O o ~~~~~• ~ ~o_ ~ ~ ~~ ~: ~ 5 ~~ ®~ ~ ~~~ ;ub~ ~~ y~ ~ t~~~ t $ g }~~~~~~ ~ ~ H 0 ~- 1 q~~~~~ ~ j R O D ' S P A R K S I D E CREEK S U B D I V I S I O N N 0. Z Sg ~, _ ~ x~ iJy~ E N. 1 1203' ~ E. ~ .~ g eQ 1 ~ ~~~Y•~ '~1~~ t~~ 1\jI ! P M t~l1P~ _ .~ i r °® ~~ ~ fi ~ ~a Q ~ 1 ~ i ~ .~ K Y ~ . .. i. I' 7.. I • 4 i 4 ~ I A~ pia V~. ~ I _~-c ~"~ , ~raar ~~, l: '= ; °_ l'°~ b ~ I m tv 1` ~, :.~ > ~ b f3l LI ~ ~ :~ Z ~ ~ ® y ~ r ~ ~ : ~ ~ ~. ® ~ ~ ~ ~ ~, ~ ~~~ ~~ r ~ ~'" z~ Y • tMw ~ ~Y. ~~b t o- q g ; m G '~~.w ~ E ~ • ~ fTl .~ ~ ~ ~ m Z ~ ` 1 ~ ~ D7 ~ ~ u ~ o m~ Dm~D ~ ~ g m ~ -~ ~~ ~ ~~ ~ m ~ CD D ~ i~.~ _ O ~ E ~ z~nz ~ ~~-~~ ~z ~~•~ I N (J ~ Z O V7 ~q`- S~S : n ~ ;~ `~ 1 ~.I ; ~ ~ ^ I 0 ~ ~b ~ ~ ~ i I ~ ~~ 0 ~~. .~ ~~ ~y~ ~ 0 ~ ~~1,4~ ~ ~s~ ti I a ~ t r ~ ~~ ~ P, ~ : ~ ,p ! ! l01f7t' M ~ iKlA ~'L!A ~M S ~l` I ~ e at.r_ _ ~ ; ~ I ~ ~ taw `N sr~rn ~ t M ~' ~ • 'S Ltw' ~ I L4 t • c C #'. G GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary December 15, 1994 T0: CSHQA Architects 200 N. 6th Boise ID 83702 FROM: Karen Gallagher, r r Development Ser SUBJECT: Albertson's Site Plan - Grocery Store Cherry Lane s/o Ten Mile Your application for the above referenced project was acted on by the Commissioners of the Ada_County Highway District on December 14, 1994. The attached staff report lists the conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. LS cc: Development Services Chron Meridian City Hall ada county highway district 318 East 37th ~ Boise, Idaho 83714 • Phone (208) 345-7680 CENTRAL •• DISTRICT pRHEALTH DEPARTMENT Rezone # If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. Conditional Use # Preliminary /Final /Short Plat %y.~liC.~ :Sl~/.f-,~E ScJ13DfdlsS/off ^ Garden 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 c®, 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. ^ II ^ 12. 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ beverage establishment ^ grocery store REVIEW SHEET Environmental Health Division C ~~.'~~ Return to: M~~ ~ ~ ~~~~ ^ Boise ^ Eagle '~,.li ~ 1y U'[ N~~iC:Y~ita~tiii.~ ~ ^ child care center ~p~4-s~ a,.is Date: ~_l d~7 Reviewed By. CDHD 10/91 rcb, rev. I I/93 jll CcNTR,~L • ~~ ~ DlSTR1CT ~:~ G I~~~~Y I ~= DEPARTMENT MAIN arcs • io1 K aztit5iRC1vG ~ • eon. ro. a3~~ • Ccb~ 375-a21t • FiLC 327~.~;~7 20 pr+~ent and trtat disease and disabciify; :a promote healthy iifestyies: and to prarec and pramou the health and qualify of our a~avanrrrmG STORMWATER MANAGr". ff•NT RECOI~NDATIONS We recommend that the first one half inch of stor3water be pretreated through a Grassy swale prior to discharge to the subs-.irfaca to prevent impact to groundwater and s-.ir=ate water cuality. The e.Zgineers and architec~~s involved with the design of this project. saould obtain cirrent best manageme.*:t practices for stormwater disposal, and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) STORMWAT~t I~.ANAGr"MENT MANUAL FOR T~ PUGF.T SOUND, State of Washington Department of Ecology, February 1992 2) ADA COUNTY ffIGRTrTAE DISTRICT GIIIDELINES FOR STORMWAT~ AND SITr DRAINAGr. MANAG~YT 3) CALIF ORNIA BEST I~ANAG~T PRACTI~ HANDBOOK ' Prepared by Camp Dresser and McBee, Larry Walker Assoc. , Uribe and Assoc., Resources Planning Assoc., for the Stormwater Quality Task Force 4) URBAN STORM DRAIl~TAGz C: ZSTERIA MANUAI+ Volume 3, Best Management Practices Starmwater Quality Urban Drainage and Flood Control Dis~~.rict, Denver, Colorado Sazu :g 9alIey, E1mar~ Boise. and Ada Camrties Aaa/6aeaC~rCma WICSass-6Mo~ &na~C~uio-~ BmQ~Coraev~• Vab~1~C~sp~ floc te:d fl P ~?L Anrnmnq PL 11fl6 Hmera ~ E ~ ~ K MounesFiamt.~ d E1++amwna! ttea~t IS~iG3i:heetE ~ . . t~'^=*J.SS~J' 9caa.Q~170d En••at+e~emaeov 8oss~. rmns~n.: aus a~~stbv t~-~r~ae~e.~. ~aswns~ icaraa,r.,y~ti~ 1zaa~te~z~. a~'b4Rt~Ti~ ~a~ a~xA+.aeo-ess t~o7raao ti~or-:.ue F~ OFFICIALS 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) 888-0433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAXYERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator ~~~~~i"`~~`._'',~ ~;•,,, Sri-=-~ JIM JOHNSON mil! ~!-__:; ~'~.i ;__ _~ / ~... ~hairman • Planning & Zoning Ni t r i , . ~'1 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: March 7 1995 TRANSMITTAL DATE: 2/21/95 HEARING DATE: 3/14/95 REQUEST: Preliminary/Final Plat for Ten Mile Square BY: Albe on's Inc LOCATION OF PROPERTY OR PROJECT: Southwest comer of Cherry Lane and Ten Mile Road JIM JOHNSON, P/Z MOE ALIDJANI, P2 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 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 8 FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM ~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: e r ig t-o -way for Nampa & Meridian Irrigation District s Eightmile Lateral is 60 eet: eet rom t e center each way. If there are no encroac rnents on the Eightmile Lateral's right- CITY PLANNER of-way and if all drainage is being retained on site, this project will meet all of Nampa & Meridian Irrigation District s requirements. Bill Henson, Assistant Water Superintendent Nampa & Meridian Irrigation District RECEI~iIED MAR - 9 1995 • .HUB OF TREASUREVALLE~' • A Good Place to Live CITY OF MERIDIAN CITY OF MERIDIAN 1 • HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A GOOd PIaCe t0 LIV2 RONALD R. TOLSMA WILLIAM G. BERG,JR.,CityClerk JANICE L. GASS. City Treasuror ~'1 ^ ITY OF MERIDIAN MAXYERRINGTON ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer `/ WALT W. MORROW BRUCE D. STUART. Water Works Supl. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste Waler Supt. Planner d Zoning Administrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 JIM JOHNSON W.L. "BILL" GORDON, Police Chief Phone (208) 888-0433 • FAX (208) 887-4813 Chairman -Planning 8 Zoning WAYNE G. CROOKSTON, JR., Allorney 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 Planning 8~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: March 7 1995 TRANSMITTAL DATE: 2!21/95 HEARING DATE: 3/14/95 REQUEST: Preliminary//Final Plat for Ten Mile Square BY: Albertson's Inc - LOCATION OF PROPERTY OR PROJECT: Southwest comer 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 r,ITV nr-rnonlw 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 8r FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8r FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: We require a permanent 10-foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use. S Tim Adamser '' ~ ~ ~ Idaho Pow ~ ,~ •~ 322-2047 • .HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk CITY OF MERIDIAN MAX YERRINGTON ROBERT D. CORRIE GARY D. SM THS P.E. City Eng Weer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, waste water supt. Planner 8. 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) 888j1433 ~ FAX (208) 887-4813 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 Planning 8~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: March 7, 1995 TRANSMITTAL DATE: 2/21/95 HEARING DATE: 3/14/95 REQUEST: Preliminary/Final Plat for Ten Mile Square BY: Albertson's Inc LOCATION OF PROPERTY OR PROJECT: Southwest comer 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 & 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 ~ ~ _ YOUR CONCISE REMARKS: VED FEB 2 1 -1995 CITY OF MERIDIAN • • .HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk CITY OF MERIDI AN MAX YERRINGTON ROBERT D. CORRIE GARY D SM THS P.E. C ty Eng Weer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste Water Supt. Planner & Zoning Administrator KENNY W. BOWERS, Fire Chiet " MERIDIAN, IDAHO 83642 ~CEIVED JIM JOHNSON GORDON, Police Chief W.L. "BILL WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-0433 ~ FAX (208) 887813 Ch airman ~ Planning s Zoning Public Works/Building Department (208) 887-2211 FE B ~ 31995 GRANT P. KINGSFORD Mayor CITY OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: March 7, 1995 TRANSMITTAL DATE: 2/21/95 HEARING DATE: 3/14/95 REQUEST: Preliminary/Final Plat for Ten Mile Square BY: Albertson's Inc LOCATION OF PROPERTY OR PROJECT: Southwest comer of Cherry Lane and Ten Mile Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 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 8 FINAL PLAT) U.S. WEST(PRELIM 8r FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: Z ~~~` ~~ YOUR CONCISE REMARKS: ~-.- i4 /y D Seri ,.. /L ~-~.- Su S ~e -•;f -s i s ~! R a l~ 1, 9 i 'fti .9'r w i t ~ HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk CITY OF MERIDIA RONALD R. TOLSMA T I GARY D. SM THS P.EyCity Engeneer N OBER D. CORR E BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief " " MERIDIAN IDAHO 83642 Planner 8 Zoning Administrator W.L. BILL GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney , Phone (208) 888-0433 • FAX (208) 887-4813 JIM JOHNSON Chairman -Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM: (ADDENDUM) March 20, 1995 To; Mayor, City Council From; Bruce Freckleton, Assistant to City Engineer Re; TEN MILE SQUARE - ALBERTSON' S, INC. (Preliminary/Final Plat) I would offer the following additional comment, for your information and consideration as conditions of the applicant during the hearing process: 1. Easement(s) needs to be added to the plat map that would provide access to sanitary sewer and water mains for the Lovan parcel, directly adjacent to the west of this site. The only access to sanitary sewer for the Lovan parcel is across the Albertsoan's piece. I would request that this be made a condition of approval. C: \WPWIN60\GENF,RAL\TENMiSQ. C-C PEOPLE WHO LISTEN CSH~E~ ARCHITECTS/PLANNERS • DESIGN THAT SPEAKS February 1, 1996 Shari Stiles, Planning Director/Zoning Administrator City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: Albertson's No. 180 SWC Cherry Lane and Ten Mile Road Meridian, Idaho Project No. 94160 Request for Time Extension for Preliminary/Final Plat for Ten Mile Square Dear Shari: As the representative for Albertson's Inc., we are requesting a one (1) year extension to the approved Preliminary/Final Plat referenced above (approved by City Council, March 21, 1995). Albertson's Inc. at this time is proceeding with the construction of the Albertson's building only, the shops building adjacent to the Albertson's building will be constructed at a later date. For the above stated reason, Albertson's Inc. would like to extend the time frame for platting the above referenced property. Attached is a check for One Hundred and no/100 dollars ($100.00) for the processing of this request for a one (1) year time extension. Upon your review of both this letter and the project file for the Preliminary/Final Plat, please inform us of the acceptance or denial of this request If you have any questions or need further information, please do not hesitate to call. Sincerely, CSHQA Architects/Planners ~/~ Craig A. ocum, Architect CS:mo Enclosures pc: Scott Edens, Albertson's, Inc. Kevin Mortensen, Albertson's Division Office N ~ o N o 0 d' o r .r--I ° z `fl ~ ~ o W ~~ ~ N ~ N ~ Of Z ~ ,Q ~ ~r J z oa w J O = o _ ~ ~ _ °> .~ a -- ° ~ ~ o __ ~ o o _ Y 0° ~ ~ Z N m N a x ~ ~ ~ ~ ~. _ i m m n ~ dC W W ~m a ~ ~ 3C ~ a m 4C iC ^ ^ iG it _ ~ dC dC ~ -K ~ OL m ~ O ~ ,.a ~ z~~ ~ z a ~ ti ~Z ~ r. -- .. N ~ ~ v ~ H ~ f" ~ / Y+-I ~ ~ N V ~ ~ ~ 1 Z < W .-~ ~ Q ~ ~ H ~ O ~ H ~ ~_ ~= x NQ w J O ~ Q ~ W ~" V1 p u,+ O /- S W ~ J ~m a~ ~ L7. ~ Q CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Msrldian, Idaho 83642 888-4433 ner's No. _ ~5 202 2 PRINTED IN U.S.A. Date OFFICIAL8 WILLIAM (i. BERG, Jr., City Clerk JANICE L QASS. Clty Treuuror OARY D. SMITH, P.E Clty Enplnasr BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Wute Watsr Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P R Z Adm. KENNETH W. BOWERS, FlroChlet W. L "BILL" OORDON, Pollee Chlef WAYNE Q. CROOKSTON, JR., Attomsy HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDL~N 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 8874813 Public Works/Building De~rtment (208) 887-2211 GRANT P. KINGSFORD Mayor July 14, .1995 Albertson's Inc. 250 E. Park Center Blvd Boise, ID 83706 "Courtesy Notice of Awareness" RE: Property at the SW corner of Cherry Lane and Ten Mile Road (Proposed Albertson's) Dear Albertson's Inc., COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRIN(iTON ROBERT D. CORRIE WALT W. MORROW P 6 Z COMMISSION JIM JOHNSON, CAalrrnan MOE AUDJANI JIM SHEARER CHARUEROUNTREE TIM HEPPER It has been brought to our attention that the property listed above is in violation of Ordinance #623 of the City of Meridian. As the owner of this property, you are responsible for complying with the enclosed ordinance involving weeds and waste matters. Please remedy this situation as soon as possible. If there is any problem concerning this, please contact our office. Your cooperation is greatly appreciated. Sincerely, e~~a~~~~,~, ~~~ William G. Berg, Jr. City Clerk ~ ~ ~ RECEIVED f~(b8~ppg~ APR 2 41995 April 20, 1995 Larry Sale, Manager Development Services Ada County Highway District 318 East 37th Boise, ID 83714 RE: Proposed Albertson's SWC "Cherry Lane" & Ten Mile Meridian, Idaho Dear Mr. Sale: It has come to my attention via our surveyor, Gordon N. Anderson at W & H Pacific, that as a condition to our plat approval for the above referenced shopping center, ACHD has imposed a condition which requires Albertson's to grant an easement to the property adjoining our westerly boundary (the Wally Lovan property). This condition is unacceptable to Albertson's and is not a condition with which we will agree. This letter sets forth the reasons which, hopefully, will help you understand our concerns and the reasons why this condition is unacceptable to Albertson's. Basically, there are too many unanswered questions regarding the general safety and problems created by such an access. Coupled with the fact that the property, the uses, and the businesses which will be using the Lovan property are unknown to us. Whenever an adjoining property is brought into a shopping center, Albertson's requires the property be encumbered by three lengthy documents which impose such restrictions as where the buildings can be built, the type and design of the buildings, the height of the buildings, the color and material of the buildings and the type of uses which can occupy those buildings (both for competitive reasons and to avoid nuisance and offensive uses which would be repulsive to our customers). We require that the layout of the parking be such that it is safe and allows for free flow of customer access. We require insurance and cross indemnity, so that in the event of accidents there is appropriate coverage. We require liability insurance and many legally binding representations as to how the property will be maintained, managed and developed. We are also concerned about maintenance. How the maintenance will be handled, what standard will be used and who will pay for the cost of maintenance are minimum topics for attention. The typical documentation of these issues is in excess of one hundred pages. Negotiation includes a document titled Declaration of Restrictions and Grant of Easements. The second document is titled Common Area Maintenance Agreement and the third document is the Development Agreement. Each of these documents require a lengthy time to negotiate as well as significant legal and attorney fees. If a real estate developer or business owner chose to develop the Lovan property, they are welcome to approach us and negotiate these items. Without knowing exactly what will eventually develop there, it is a waste of our time. We have no interest in granting an easement to a property; i.e., 1) which we have no legal interest in; 2) which we do not need for successful retail operations; 3) that we cannot foresee development of in timing and substance. ALBERTSON'S, INC. /GENERAL OFFICES / 250 PARKCENTER BLVD. /BOX 20 /BOISE, IDAHO 83726 / 208-385-6200 Larry Sale Proposed Albertson's - "Cherry Lane" April 20, 1995 Page 2 The next item of concem is value. How much is the owner of the Lovan property willing to pay as consideration for this easement? There certainly is no mutual benefit to Albertson's. We do not need the easement and the Lovan property would benefit tremendously by having a large contemporary Albertson's grocery anchored next to it. We expect to be compensated in exchange for this easement and access right across our property. This is indeed a property right which, unless ACHD is willing to condemn to take this right from us and grant the easement, we are unwilling to concede. Finally, these matters must be reviewed and approved by our Property Management Department, our Real Estate Department and our Real Estate Committee. Inasmuch as the request is extremely unusual, unorthodox and unreasonable, we are not willing to do it. We respectfully request that ACHD remove the condition requiring Albertson's to grant an easement solely benefiting the adjoining property for the business reasons stated above. Sincerely, ALBERTSON'S, INC. Kevin L. Mortensen Area Real Estate Manager KLM/kt 7230-108.DOC cc: Bob Banks David Wilcox Scott Edens Lee Mumford Gene Shaffer Craig Slocum Grant P. Kingsford, Mayor of Meridian Jim Johnson, Chairman -Planning & Zoning Shari Stiles, Planning & Zoning Administrator Jerry Nyman, Director Ada County Highway District Gordon N. Anderson, W & H Pacific HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887.4813 Public Works/Building Department (208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning GRANT P. KINGSFORD Mayor March 24, 1995 Mr. Lee Mumford Legal Department Albertson's, Inc. 250 E. Parkcenter Boulevard Boise, ID 83701 ,~ ~-~i Re: Proposed Albertson's Store Cherry Lane/Ten Mile Dear Mr. Mumford: Mr. Many Igo asked me to write you regarding the above-referenced location in relation to nearby churches. I have reviewed the State Code and our City Ordinances and found nothing that would prohibit the sale of beer and wine at the proposed location. The 300' rule applies only to consumption on the premises, and Albertson's plans show greater than 300', in any case. Licensing will be required in accordance with all local and State laws; the City does have a beer and wine permitting process. If you have any questions or need additional information, please feel free to contact me or Will Berg, Meridian City Clerk. Sincerely, CITY OF MERIDIAN ` ~~~~ ~~ Shari L. Stiles Planning & Zoning Administrator • • LAW OFFICES MEULEMAN, MILLER ~ CUMMINGS LLP BUSINESS LAW • REAL ESTATE LAW • CONSTRUCTION LAW KIMBERLY J. BLAS' MICHELE L. BOYD•* RICHARD A. CUMMINGS KIMBAL L. LOWLAND QUENTIN M. KN[PE•"• GEOFFREY J. McCONNELL••'• WAYNE V MEULEMAN ROBERT L. MILLER RICHARD W. MOLLERUP ,Bevis & Cameron 7'°~' Howard I. 960 oadway Avenue -Suite 220 P .BOX 827 ID 83701-0827 960 BROADWAY AVE., SUITE 400 POST OFFICE BOX 955 BOISE, IDAHO 83701 February 4, 1997 (208) 342-6066 FAX (208)336-9712 'LICENSED W IDAHO 6. NEVADA ••LICENSED W IDAHO S UTAH '''LICENSED IN IDAHO 6i WASHMGTON ••••LICENSED IN IDAHO & CALIFORNIA FEB - 4 i~~7 Re: Albertson's Store #180 -Ten Mile & Cherry Lane; Meridian, ID Sewer and Water Easement Agreement ("Easement") and Conditional Declaration and Grant of Easements ("Declaration") between Albertson's and Mr. and Mrs. Lovan Dear Howard: This letter shall confirm your offer to Albertson's on behalf of Mr. & Mrs. Lovan to execute the Declaration in the form delivered to you on September 23, 1996 and the Easement reducing the amount of Mr. & Mrs. Lovan's reimbursement to Albertson's for installation costs to $1,346.31 for the sewer line and $281.75 for the water line, for a total of $1,628.06.. Other than the reduced installation costs, the Easement shall be in the form delivered to you on September 23, 1996. Albertson's has authorized me to accept Mr. Lovan's offer subject to the issuance by the City of Meridian of a permanent certificate of occupancy for Albertson's store at the corner of Ten Mile Rd. and Cherry Lane, in the City of Meridian. A representative of Albertson's will present this letter at the City Council meeting tonight evidencing the agreement reached between the Lovans and Albertson's. Very truly yours, Richard W . Mollerup RWM: blg cc: B' Arnold b Banks ike Baldner Jeff Bergdorf Scott Edens Wayne Crookston (1:1125.372\conlmanweilc.4) LAW OFFICES MEULEMAN, MILLER ~ CUMMINGS LLP BUSINESS LAW • REAL ESTATE LAW • CONSTRUCTION LAW KIMBERLY I. BLAS' MICHELE L. BOYD'• RICHARD A. CUMMINGS KIMBAL L. LOWLAND QUENTIN M. KNIPE"• GEOFFREY ]. McCONNELL"" WAYNE V MEULF1v1AN ROBERT L. MILLER RICHARD W. MOLLEAUP 960 BROADWAY AVE., SUITE 400 POST OFFICE BOX 955 BOISE, IDAHO 83701 (208)342-6066 February 4, 1997 FAX (208)336-9712 'U@ISED M IDAHO fi NEVADA ••ucovsED w IDAxo ~ vrnrl •••U(S~SlSED IN IDAHO S WASHQJGTON ••••U@1SED W IDAH06iGWFORNIA ~;~~~ Howard I. Weiler FEB - ~ ~~? Manwe' ,Bevis & Cameron 960 oadway Avenue -Suite 220 ~Y ~~ ~~~~'~~ P .BOX 827 Oise, ID 83701-0827 Re: Albertson's Store #180 -Ten Mile & Cherry Lane; Meridian, ID Sewer and Water Easement Agreement ("Easement") and Conditional Declaration and Grant of Easements ("Declaration") between Albertson's and Mr. and Mrs. Lovan Dear Howard: This letter shall confirm your offer to Albertson's on behalf of Mr. & Mrs. Lovan to execute the Declaration in the form delivered to you on September 23, 1996 and the Easement reducing the amount of Mr. & Mrs. Lovan's reimbursement to Albertson's for installation costs to $1,346.31 for the sewer line and $281.75 for the water line, for a total of $1,628.06. Other than the reduced installation costs, the Easement shall be in the form delivered to you on September 23, 1996. Albertson's has authorized me to accept Mr. Lovan's offer subject to the issuance by the City of Meridian of a permanent certificate of occupancy for Albertson's store at the comer of Ten Mile Rd. and Cherry Lane, in the City of Meridian. A representative of Albertson's will present this letter at the City Council meeting tonight evidencing the agreement reached between the Lovans and Albertson's. Very truly yours, Richard W . Mollerup RWM:bIg cc: B' Arnold b Banks ike Baldner Jeff Bergdorf Scott Edens Wayne Crookston (i: \ 125.372\cortlmanw cilc.4) CENTRAL •• DISTRICT ~1'HEALTH DEPARTMENT MAIN OFFICE ~ 707 N. ARMSTRONG PL. ~ BOISE, ID 83704-0825 ~ (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. 97-372 June 4, 1997 1~EcE~vED JUN 05 1997 David N~.varro Ada County Recorder 650 Main Street Boise, ID 83702 CITY OF MERIDIAN RE: Ten Mile Square Subdivision. Dear Mr. Navarr®: Central District Health Department, Environmental Health Division has reviewed and do approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on June 3, 1997. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, /i~s~ ~, Thomas E. Schmalz, .H.S. Senior Environmental Health Specialist cc: Tom Turco, Environmental Health Director Martin O. Jones, Environmental Health Supervisor HUD Albertsons, Inc. W & H Pacific City of Meridian Serving Valley, Elmore, Boise, and Ada Counties Ada /Boise County Office 707 N. Armsrong PI. Boise, ID 83704 Enviro. Health: 327-7499 Family Planning: 327-7400 Immunizations: 327-7450 Senior Nutrition: 327-7460 WIC: 327-7488 FAX: 327-8500 Ada-WIC Satellite Office 1606 Roberts Boise, ID 83705 Ph. 334-3355 FAX: 334-3355 Elmore County Office 520 E. 8th Street N. Mountain Home, ID 83647 Enviro. Health: 587-3521 Family Health: 587-4407 WIC: 587-4409 FAX: 587-3521 Valley County Office 703 N. 1st Street P.O. Box 1448 McCall, ID. 83638 Ph. 634-7194 FAX: 634-2174 ~~~ RECENED interoffice Cn'Y OFN ~9F.R[DIAN MEMORANDUM to: Will Berg, Jr. cc: File from: Gary D. Smith, PE ~~ /Q`1 re: q ~ ~ ,.. Ten Mile S uare Subd. ~ U ~, ~ date: July 10, 1997 Will: Here is mylar sheet no. l and no.2 for this subdivision. I have stamped and signed sheet no.2 as both sheets conform with our review comments. I have talked to Wayne Crookston concerning his review of the CC&R's. He said he just received a copy of them today from Albertson's attorney. He will get them reviewed prior to his leaving for vacation (when that is I don't know). I have received a copy of the recorded water/sewer line easement document between Albertson's and Lovan. The cross access easement agreement, between Albertson's and Lovan has been signed by Albertson's but not Lovan. I have been informed by the plats land surveyor that Lovan will not sign this easement agreement. I don't know what this all means. I related this to Wayne Crookston this afternoon. I don't know of any improvement items that need to be constructed which would require bonding. Regards, Gary from the desk of... Gary D. Smith, PE Public Works Director City of Meridian 33 E. Idaho Meridian, Idaho 83642 208-887-1211 Fax: 208-881-1291 or 208-88i'-4813 WILLIAM G. BF_RG, 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. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L.'~ILL' CORDON, Potlce Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Deparhnent (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P 8, Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY ~~~~ ~ u ~. 2 9 tss7 M g M O R A N D U M To: William G. Berg, Jr. From: Wayne G. Crookston, Jr. ~!~~~ ~ ~'1 - Date: July 29, 1997 Re: Albertson's -Ten Mile Square (~'fY OF` ~II~IUTAIV With regard to Albertson's Subdivision at Ten Mile and. Cherry Lane Road, the status of that is that, Mr. Baldner, from Albertsons, was suppose to amend the CC&R's to put in a provision that states that if there is a conflict between the CC&R's and any City Ordinance that the City Ordinance shall control. Also, I told him that the plat needed to be changed because it shows the easements, 1) a sewer and water easement, and 2) across easement, only as easements without any depiction as to whom the easements run to. I told him that the sewer and water easements, since they run to Wallace and Nita Lovans' property, ,should state that they are easements for the utilities from the Albertson's property to their property, and that the cross access easement needs to state that it runs to Wallace and Nita Lovan. OFFICIALS • HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk A Good Place to Live JANICE L LASS, CltyTreasurer GARY D. SMITH, P.E., City Engineer CITY OF MERIDIAN BRUCE D. STUART, Water Works Supt JOHN r. sHAwcROFr, waste water supt. DENNIS J. SUMMERS, Parks Supt 33 EAST IDAHO SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888433 • FAX (208) 887813 KENNETH W. BOWERS, Flre Chief W.L. 'BILL' GORDON, Pollee Chief Public WorlcsBuilding Department (208) 887-2211 WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888443 ROBERT D. CORRIE Mayor rggMORANDUM To: Gary Smith From: Wayne G. Crookston, Jr. ~~ C ~ . Date: July 29, 1997 Re: Albertson's -Ten Mile Square O N I l!F~lRCpc WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P 8~ Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY NECE/V~ JUL 3 0 1997 CITY E7 Gary, I have reviewed the plat files that you gave me to look at pertaining to Ten Mile Square. The only thing that I come up with is that Albertson's needs to change their CC&R's and put in language that states that if the CC&R's are in conflict with City Ordinance the City Ordinance shall control. Mr. Mollerup, Albertson's Attorney, has done that and please find enclosed a copy of what Mr. Mollerup has submitted to me in changing the language to meet my request that City Ordinance controls. Mr. Baldner of Albertson's indicated to me that these changes would be made, and that facts from Mollerup indicates that they are doing that. On the plat it shows the sewer easement as being there, and it shows the cross access easement as being there. I told Mr. Baldner that these need to be changed, on the plat, to state that they are easements running to and in favor of Wallace and Nita Lovan. The same is true of the cross access easement. He has not yet submitted to me, nor have I seen, any changes to the plat but that is something that you may receive before I do. Please let me know when you receive it. Jun-13-96 MEULEMAN, MILLER & C'Cf1VIlVIINGS LLP 960 Broadway Avenue -Suite 400 Post Office Box 955 Boise, Idaho 83701 TEL1N:~'AX COVER SHEET Pleasc deliver the following pages to: Honorable Robert Corrie, Mayor ~I' the City of Meridian Ciry Council Member Walt Morrow City Council Mernbcr Ronald Tolsma City Council Mcmbcr Charles Rountree City Council Member Glenn Bentley COMPANY: City of Meridian ATTENTION: TOTAL NUMBER OF PAGES SENT: 4 (including cover letter) DATE: June 13, 1996 FROM: Richard W. Mnllenip RECEIVED JUN 1 3 196 C1TY OF MERIDIAN FAX NO.: K87-4813 FILE NO.: 125.372 TIME s1ENT: 1F YOU DO NOT RECEIVE ALL THE PAGES, PLEASfi CALL US BACK AS SUON AS POSSIBLB -- PHONE 208-342-60(~f,; TSLEFAX 208-336-9712 DnCUMENTS TRANSMITTED: CARRESPONDENCE TU WAYNE G. CROOKSTON DATED JUNE 13, 1996, RE: ALBERTSON'S STORB #180 -TEN MILE & CHERRY LANE, MERIDIAN -- THIS IS A CORRFCTF.A COPY OF THB CORRFsSPUNDENCB WE FAXED TO YOU EARI,IP1t THIS AFTERNOON. cc by telefax to: C`ON~TI~BNTTAT,TTY NOTICE THL 1NCORMATION CON'1'AINEU IN THIS FACSIMILE IS CONFIDENTIAL INFORMATION OR ATTORNEY WORK PRODUCT OR GOTH AND IS N'OR 'I'Hl: EXCLUSIVE USE OF THE INTENDED RECIPIENT LISTED At30V£. ANY READING, DISCLOSURE, USE OR REPRODUCTION Of TH1S COMMUNiCAT10N OTHER THAN TiY'1'HFi IN'1'tiNU~U RECTPIENT iS PROHTBTTED. 7F YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US BY COLL,L('T TI;LI;PHANA CA1_,l. IMMRDIATfiI,Y ANn RfsTl1RN THL COMMUNIC:A'I'IUN 'I'O US ViA U.S. MAIL. JUN 13 '96 16 54 PAGE.01 Jun-13-96 • Mr. Wayne G. Crookston, Jr. June 'l 3, 1996 Page 3 and sewer easements for the benefit of Mr. Lovan's properly. Il is my sincere hvpe that we can resolve this issue before the end of this week and not have to result tv any judicial determination regarding the City's authority to require such water and sewer casements for the benefit of Mr. Lovan's property. I should also tell you that about. an hour after our conversation on Monday, Mr. Lovan's attorney, Howard Manweiler, came to see me to discuss these issues citing the same ordinances you have cited. I have informed Mr. Manweiler that I do not believe the city ordinances you have cited apply to this situation. I aln sending Mr. Manweiler a copy of this letter in order to keep him informed of our communications. - Very truly yours, / ~ c W . 1Gfo11 p RWM:do (1'\'125.3')2\Cradc.l) cc: Bill Arnold Bob Banks Scott Edons Mike Reuling VIA HAND DELIVJiRY Howani Manweiler VIA PAX 1187-4R l :i Honorable Robert Come, Mayor of the City of Meridian City Council Member Walt Morrow City Council Member Ronald Tolsma City Council Member Charles Rountree City Council Member Glenn Bentley JUN 13 '96 16 56 PAGE.04 Jan-16-97 04:41P MeulemanMi l lerBCu~m'nings L4W OFFICES ~~UZ~~IAN MIL ~ CUIN 1 i,.G i. 960 BROADWAY AVE, SU1Tz ~iQO POST OFFICE BOX 9sf BOISE. IDAHO 8370Y ~eEw :1. ~•~u• 7EL~'SONE (2oa7 ~4z~aa6 ~,~ L ~~p.. TFJ?~:9X (tOBJ JJ69TII 9AC~AD A. C ?,~MQ~GS ICMBAL L GDav1_~N D UENT:j !~ iG`~iPR•" C Kl~'YSFD LY1DA80 AND NE'/A.DA . C'ieCFFRk'.' i• We.'~[JNEL" "" ~IS~31.fcD (N11]g130 AND llrAS m~Y:JE'~~S,L''~•iN »'11C~lV1FD INIDrf80 AND t~AS~`f .. N ROBFIR' L 1AW~'~ ~"I1C:IIVSFD !N IDAfiO AND G!.[~GiR+~2i RILin0.D'~ ~u-`~L? ''l'F7.EF~Y CO'~'EIt LETTE$ TO : ~ 'U c.._ I FAX N0: ~`~ ~~ ~ _ -'~' ~ I FROM: 6~ c [ Vl Cr ~ c~~ ~ ~ 1 ~~I~ FII..E: DATE: _ ~ ~ ~ ~ - ~~ TIME_ This ttansmiaai consists of ~! pages incinding rbis c~v~/sheet. S 'TI2~~`IS~IITTED: D Ir r~ G r c! ~ " ` - " DOCL'11~'`1•T NOTES: IF YOL' DO NOT RECEI~-E ALI. OF T"r~ PAGES, PLE.a.SE CAL.I. US BACK AS SOON AS POSSIBLE AT (''OS) 342-6066 CONF"d1 NO'['i~ TF~ ~1FOR.tii.1TlON CoNT,ia`lID LY Tim F,~CSIDrt[a? CS ~~/FIDt3lIIAi. QYFOR.WLT:O.`1 OR Xt'MRNbY woxS gWDUC' OA SOTF1 AND IS Faa THE RC031VE USS OF THH L`rlEiDm REC~¢'VT :JSTED ABOVE. ANY iEAAIIVG. DLSGi~S'vRF. U$E08 RgROD~'TIDN OE THLS C'J~WdL^ACAlION OTHER THAN 3Y "ice INtFND~ REC.PiENT fS pROE~[LED- IF YOU HpVB RF~1F~ TID.T C01~it7MC1-'TIOAi IIV r~tROA ~I.=AS6 YOTII-'Y US BY COLLECT TFI~?HOPIE C.~ Qi4'®IATEI.Y ANO A67ZJ1ZN T!~ CD3QitlMG2ION'CO US VW U. S Nwa_ Original m Follou-: Yes ~_ No y .~ c~ G ,S-~~`.~.~-c~ t l.~ f~ $ a K JAN 16 '9? 164? 1 PAGE. 01 Jan-21-97 03:45P MeulemanMiller&Cunm~ings 1 1NEiTLEMAN, MTI.LER & CUNNINGS LLP 960 Broadway Avenue -Suite 400 Post Office Box 955 Boise, Idaho 83701 TF.~.FF'Ax COVER S>FIEET DATE: January 21, 1997 TO: Will Burg COMPANY: Meridian City Clerk FAX NO, 887-4813 CC TO: Wayne Crookston, Jr. FAX NO. 888-3969 Michael E. Baldner FAX NO. 385-6888 FROM; Richard W. Mollerup RP.; Albertson's Certificate of Occupancy Albertson's Store located at Ten Mile & Cherry Lane; Meridian, TD (MM&C #125.372) TOTAL N[J1V18ER OF PAGES SENT c~,~l~~Ww~~n~~t~: 7 TTME SENT: 3:50 p.m. SENT BY; Brandi IF YOiJ DO NOT RECEIVE ALL TI'iE PAGES, PLEASE CALL US BACK AS SOON AS POSSIBLE -- PHONE 208-342-6066; TELEFAX 208-336-9712 DOCUMENTS TRANSMITTED: January 21, 1997, Memorandum. MESSAGE: Please present this Memorandum at tonight's Council meeting, CONFIDfiNTL4I1lY NOTTC'F. THR INFORMATION CONTAINF.n RQ THIS PACSIMII,~;15 (`UNfU1LN'CIAL 1NI~URMA]10N OR ATTORNEY WORK PRODU(7T Olt HO'I tl ANp IS 1~K'CIIL L'XCLUSIVL U5~ Ul''1]US WIT.NUL'DliEC]YIENrLLSIED ABOVE.. ANYREADIIdG, DISCLOSURR, USP.OR RP.PR(11)[Jl:'llt)N Ul' 7'IQS CONA+ILR~ICATiON OTHER THAN SY THE II1rPNDED RECIP~.NT 1S PROFRHRP.n. IF Y(111 I tA~l: RLCIiIYGll'1'1 [IS CON~SUMCAT[ON IN ERROR, PLEASE NOTIFY US BY (:OIA.P,c;'f'1'M.IrrHONr (:AI.I.IMML;111ATGLY ANL) RL'TLQtN n1E COIvIIv1CTNIGAT[ON TO US V1A uNrrra) S1 A`IN.a MAIL. P.Ol RECEIVED JAN 2 11997 CITY OF MERIDIAN JAN 21 '9? 15 51 1 PAGE. 01 Jan-21-97 MeulemanMiller$Cummings 1 • LAW C~FfICES MEULEMAN, MILLER ~ CUMM INGS LLP RUSINF:SS LAW • REAL. F_STaTE LAw • CY~NS'rttUCTION LnW KIMf1ERLY ), BLAS• MICHELE L 9UYD•• Ru:1 WtD A. C.vMMINGS KIMAAL L. C:()wLAND QUENTW M. KNIt'E•`• CEOFFRIdY). McCoNNELL•••• WAYNE v MECILEMAN RUBERT L MILLER PICNARD ~ MOLLtAI'P 960 DR<)ADwAY AYE„ SUITE a00 PC?ST nFFICE BOX 955 BOISE, IUAHC) H.Stol MEMORANDUM TO: City of Meridian FROM: Richard W. Mollerup Counsel for Albertson's, Inc. DATE: January 21, 1997 (Z08)342.6066 FA X (208)336.9711 •LK'FN.SFn IN 1M1 fU {L NEYAUr\ ••I.IClNSfO W Io.~FInR Ij(AH "•LIC1:N)ED IN IUniIC~ A ~A5t11N(iT(11v °"LIltT15ED IN IOAI IJ a Ii~URINNIA SUBJECT: Certificate of Occupancy Albertson's store located at the intersection of Ten Mile Road and Cherry Lane; Meridian, Idaho ("Albertson's Store") This Memorandum is given in support of Albertson's request for a permanent Certificate of Occupancy for A]bertson's Store. iSSUE The sole issue addressed in this Memorandum is whether the City should remove the condition for "pending easement agreements" from the 90-Day Certificate of Occupancy issued November 7, 1996, under Permit No. 15788. A.PPL],G BL.>E C)<TY ORDiNq N ..4 'f he City has required that Albertson's construct sewer and water lines across its property to the property adjacent on the west owned by Mr. Lovan. The City's position was based upon Sections 5-1?~ and 7-517 of Meridian City Ordinances which read as follows: "All proposed extensions of the munici~l water ~ a m to serve undeveloped areas...shall comply with existing water system extension policies and the overall master plan for City's municipal water supply system. The cost for all extensions to any property shall be the responsibility of that property owner or his agent. The cost fvr water service extensions within the property for which the extension is requested shall also be the responsibility of the owner or his agent. . , ,such water JAN 21 '97 15 52 1 PAGE.02 Jan-21-97 Meu l emanM i l l er&Cummi ngs MEMORANDUM TO: City of Meridian FROM: Richard W. Mollerup Counsel for Albertson's, Tnc. January 21, 1997 Page 2 line extensions, public or private, shall be extended to the farthest boundary of the property." Section 5-124 Meridian City Ordinance. The owner or developer of a new subdivision or a development whether subdivided or not shall, at his expense, construct the necessary extensions of t_he pubLc sewer system to provide public sewer facilities for each lot or building area in a subdivision; additionally, the owner or developer shall have the responsibility, at his expense, of installing the main sewer line to the boundary of his development which is farthest away from the point at which the initial connection is made to the present city sewer main. Section 7-517 Meridian City Ordinance. The proper ordinance regarding sewer 1 believe should be Section 7-527 rather than 7-517. The above portion of City Ordinance 7-517 (which has been quoted by the City Attorney) is one paragraph of a five paragraph ordinance and deals with required use of sewers, not sewer line extensions. The thrust of 7-517 is that the owner or occupants of houses, buildings and other property situated in the City which abut or have a permanent right of access on a street or alley in which there is located a public sewer are requited to cease other methods of sewage disposal. Section 7-527 is the sewer ordinances that corresponds to the water ordinance Section 5-124 and reads as follows: "All proposed, extensions of the municipal sewerage ~ sy tem to serve undeveloped areas ...shall comply with the overall master plan for the City's municipal sewerage system. The costs for alt extensions which lie outside the boundary limits of the property for which the extension is requested shall be the responsibility of the property owner or his agent. Costs for sewer extensions within the property for which the extension is requested shall also be the JAN 21 '9? 15 52 1 PAGE.03 Jan-21-97 03-46P Meule~rianMiller&Cummings 1 P.04 ~. MEMORANDUM TO: City of Meridian FROM: Richard W. Mollerup Counsel for Albertson's, Inc. January 21, 1997 Page 3 responsibility of the owner or his agent. Sewer extensions shall be required to extend to the farthest boundary of the development ...." Meridian City Ordinance Section 2-527. FA T On May 9, 1996, the City of Meridian issued a Stop Work Qrder citing (i) size and grade of sanitary sewer line, and (ii) Albertson's failure to provide water service to the Lovan property. At that time, asix-inch sewer line was being installed in front of the Albertson's Store and the City had requested an eight-inch line. During a meeting between the City Engineer, Mayor, Scott Edens of Albertson's, Inc., and Albertson's Engineer on May 9, 1996, the City approved the installation of a six-inch sewer line in front of Albertson's Store. That approval was confirmed by letter dated May 14, 1996, to Mr. Gary Smith, City Engineer, from Craig Slocum of GSIiQA Architects. On June 17, 1996, the City issued a Stop Work Order prohibiting work on the fire hydrant until a decision was made on the 11/z inch service. By field order dated July 11, ] 996, Albertson's was directed to proceed with the installation of a 1'/z inch domestic service line to the Lovan parcel adjacent to the west and the Stop Work Order dated June 17, 1996, was repealed. Although Albertson's did not believe it was legally required to install sewer and water lines to Mr. Lovan's property or grant easements under Meridian City Ordinances, in the spirit of cooperation, Albertson's agreed to do so. On September 3, 1996, the undersigned appeared before the Meridian Gity Council on behalf of Albertson's to request the Council's approval of a Sewer Easement from Albertson's to the City, a Water Easement from Albertson's to the City and a Late Comer Agreement to obtain reimbursement for a portion of its construction costs pursuant to Meridian City Ordinance Sections 5-124(b) and 7-527(b), During the Council meeting on September 3, 1996, it was the City's position it could not accept the above easements or the above sewer and water lines for maintenance due to the size of the Lines. As a result, the Council requested that Albertson's grant sewer and water easements directly to Mr. Lovan. Since the City Engineer had testified that he had reviewed the easement forms and they appeared to be in the same format as standard easement forms and, therefore, acceptable, Albertson's stated that they would be willing to grant Mr, Lovan the same easements they intended to grant to the City; JAN 21 '97 15 53 1 PAGE. 04 Jan-21-97 MeulemanMillerBCummings 1 • MEMORANDUM TO: City of Meridian FROM: Richard W. Mollerup Counsel for Albertson's, lnc. January 21, 1997 Page 4 provided, however, Albertson's would not require Mr. Lovan to assume all maintenance obligations as the City would have been required to do, but would agree to share the maintenance obligations. Councilman Roundtree stated, "My concern is that we are pursuing easements for ourselves and willing to accept the terms and conditions, why would we expect anything difiF'erent or would we be negotiating for Mr. Lovan if the casements were in the City. Would he have been. made a part of the negotiations of those easements." After some discussion of the reasonableness of Albertson's in offering the easements to Mr, Lovan, the Council passed a motion authorizing the issuance of a 90-Day Certificate of Occupancy to Albertson's, which could only be terminated in the event the Council determined that Albertson's was unreasonable in its negotiations with Mr. Lovan regarding the easements. Councilman Morrow stated that, "Once the effort has taken place, if there is no willingness on [Mr. Lovan's) part to participate, then very candidly our staff goes back to the City and says `This is where we are and there is no desire on Mr, Lovan's part to negotiate' and from that point on we make the decision as a Council as to where we want to go and were off and gone." On September 23, 1996, Albertson's submitted a draft Crrant of Water and Sewer Easements and Maintenance Agreement ("Lovan Easement") to Mr, Lovan's counsel. On October 22, 1996, a follow-up letter was sent to Mr. Lovan's counsel requesting comments to the draft Lovan Easement. As of this date, no comments have been received from Mr, Lovan or his attorney regarding the Lovan Easement and the only communication with Mr. Lovan has been an offer from him to sell his property to Albertson's. Meridian C~y,~rSljnanc~s 5-124 nd ?-527 are not annliGable in this instance and co~titute an unconstih~tional taking. It has always been Albertson's position that the above-quoted City Ordinances do not apply to the construction of Albertson's Store. Both City Ordinances are premised on extensions of the municipal systems to serve undeveloped areas. The construction of Albertson's Store does not extend the municipal system for either water or sewer, Existing water and sewer was located in the right-of- way for Ten Mile Road at the time of the construction of Albertson's Store. The construction of Albertson's Store contemplated only connection to the existing municipal systems and did not require the expansion of either system. The ordinances appear to contemplate an expansion of the municipal systems within the public right-of--way, No JAN 21 '97 15 53 1 PAGE.05 Jan-21-97 MeulemanMiller&Cummings 1 • • MEMORANDUM TO: City of Meridian FROM: Richard W. Mollerup Counsel for Albertson's, Inc. January 21, 1997 Page 5 provision in either ordinance contemplates an easement be granted for such extension lines. Had the drafters of the ordinances contemplated the construction of expansion of municipal water and sewer lines on private property, the requirement to grant easements for those lines would have been included in the ordinances. in short, since there was no "extension" as contemplated by the Ordinances, Albertson's never had the obligation to further extend the utility lines to the property boundary. Further, even if an extension took place, the Ordinances do not permit the City to acquire an easement across private property without compensation, let alone permit the City to require an easement to be granted to a third party without compensation. 2. The City hac been placed in the position of mediatin~a contract between ap roes. 'Through a series of circumstances, the City has been placed in an untenable position of mediating or orchestrating private contract rights between individuals. The sole condition contained in the current 90-Day Certificate of Occupancy is "pending easement agreements" between Albertson's and Mr. Lovan. Use of its governmental authority to force private contract rights is not a proper use of that authority. 3 , Albert4on' g ha been more than reasonable in its offer of easements to Mr Lovan. The Lovan Easement was carefully drafted to contain the same terms and conditions as the water easement, sewer easement and late comer agreement which appear to be acceptable to the Council during the Council meeting on September 3, 1996. Meridian City Ordinances 5-124(b) and 7-127(b) entitle Albertson's to reimbursement of "all or a portion of the costs" of extending those lines from property owners who will benefit from such extension who have otherwise not paid or contributed their proportionate share to the constnuction costs. The actual additional costs of Albertson's construction of additional water and sewer lines to Mr. Lovan's property was approximately $5,500.00. Albertson's should be entitled to reimbursements for all of that cost since Mr. Lovan's property will derive the sole benefit of that additional cost. Nonetheless, Albertson's agreed to prorate the costs of the construction of the water and sewer lines on a square footage basis and the Lovan Easement requires only that he reimburse Albertson's $563.50 at the time the owner or occupant connects to the water line and $2,692.62 at the time the owner or occupant of the Lovan property connects to the sewer line for a total of $3,256. l2. In addition, the maintenance provisions of the Lovan Easement have been changed from the easements offered to the City. The easements offered to the City JAN 21 '97 15 54 1 PAGE.06 Jan-21-97 03:47P MeulemanMiller&Cummings ML•MORAN~UM TO: City of Meridian FROM: Richard W. Mollerup Counsel for Albertson's, inc. January 21, 1997 Page 6 required the City to perform and pay for all maintenance of both the sewer and water line, Under the Lovan Easement, Mr. Lovan would orily be obligated to reimburse Albertson's for 17.05 percent of the actual cost of such maintenance. 4. Mr Lovan has refused to cooFerate or negootiate with Albertson's. The Lovan Easement draft has been in Mr. Lovan's possession for four months and at no time during that Four months have any comments to the substance of that easement been received by Albertson's. By his refusal to communicate with Albertson's, Mr. Lovan has refused to negotiate any reasonable resolution to this issue. The City should remove its condition to Albertson's 90-Day Certificate of Occupancy and issue an unconditional permanent Certificate of Occupancy. I reiterate Councilman Morrow's comment on September 3, 1996, "Once an eli'ort has taken place, if there is no willingness on [Mr. Lovan's] part to participate, then very candidly our staff goes back to the City and says `This is where we are and there is no desire on Mr. Lovan's part to negotiate' ...." I respectfully submit that this is where we are. The City should remove itself from a position of negotiating private contract rights and issue the Certificate of Occupancy without further delay. RWM:bIg (~:~izs.3~z~oor.~;ey. t ~ JAN 21 '97 15 54 1 PAGE.07 t ~ DECEIVE JAN 2 1 ~ (;If Y ®F I~ERIi~t~ January 21, 1997 Mayor & City Council Members City of Meridian 33 E. Idaho Meridian, ID 83642 Re: Albertson's at Ten Mile & Cherry Lane Store Dear Sirs Please postpone Item # 10 on tonight's City Council agenda concerning Albertson's discussion of the temporary occupancy permit. This concerns an agreement between them and myself and we haven't come to that agreement as of yet. After discussing this issue with my aftorney (Howard Manweiler), we are asking for this delay due to the lateness of receiving the information from Richard Mollerup which you received via faxed to you this afternoon. Thank you for your consideration. Sincerely Wally Lb an Jan-16-97 • LAW OFFICES ]I,lZ:TTt lG' ~A ~ Ml'I.1 FR & UMMING,~1.L-P_ 960 BROADWAY AVE., SUIi'E 400 POST OFFICfs BOX 9SS BOISE, IDAHO 83701 RIMBBRLYJ. BLAS• RlGHARDA. CUMMlNC.S MICHELE L. BNCIIi.'"• KIMRAL L. C0IVLAND QuPavr~N M. fcNIP1rM• CBOFARBY!• J1lcCONNBLL•«' WArNR V MEUL,GMAIY R088RTL. MlLLBIt RICHARD W. MOLI.PRUP January 16, 1997 Mr. Will Berg City Clerk City of Merddiaa 33 B. Idaho Meridian, Idaho 83642 TELSPHONB I20313*2~oss TBLBPAX /3oSr 336-9712 LICENSED IN IDAHO AND NBVAAA **LICBNSBD IN IDAHO AND UTAH •'•LICBNSBD IN IDAHO AND WASHINGTON ••«WCBNSBD IN IDAHO AND CALIPORNfA Re: Albertson's Store, Tcn Mile Rd and Cherry Lane; Dear Will: As you are aware, this fum represents Albertson's, Inc. in connection with the above referenced stone. At the City Council meeting on September 3, 1996, the Council agreed to issue a 90 day temporary Certifeate of Occupancy subject only to resolving the issue of the easements for sewer and water between Albertson's and Mr, Lovan, the adjacent property owner. The temporary Certificate of Occupancy was issued on November 7, 1996. The Conditions/Comments section of the certificate states "This is a 90 day Temporary Occupancy pending easement agreements." Albertson's hereby requests to be placed on the agenda of the City Council meeting on Tuesday, January 21, 1997 for the purpose of requesting that the condition be removed and a permanent Certificate of Occupancy be issued. Thank you for your cooperation. ly you , Richard W. M en~p RWM:uls cc: Mike Baldner Bob Banks Bill Arnold JAN 16 '97 164? 1 PAGE.02 ~Qdld s ~%G'~ /~od~~r l ¢(S ~ Oal~ C~~~e/ ~J~y ry1.~id~~•L., !~ B~6f~Z ~g¢- o4ss dos ~yy~~J /¢00 ~ Oa/c ~ree~wy v84- ¢~2~ ~~ ~ ~~ p~ lob ~~,a~a M ~~tvi~° s fa~lic~ie~z ~~6ey g$~- 055 /~ QQ ~~ ~r~~~ ~/~ ~~~o ~ 0 ~~ `~, l ~ ~~~ ~Z ~~e2 ~~ gg~- q-~~~ ~~~~~~. fa ~o~' ~Sa ~ ~h~i Giu~ ~~ a~ ~ ~~~h s ~ ~ ~~ ~ ~~n ~,w~ ~``~ -~ MERIDIAN PLANNING & ZONING COMMISSION MEETING: MARCH 14.1995 APPLICANT: ALBERTSON'S INC. AGENDA ITEM NUMBER: 12 REQUEST: REQUEST FOR APRELIMINARY/FINAL PLAT FOR TEN MILE SQUARE AG NCY 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 V' SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS f,~ l~' "REVIEWED" SEE ATTACHED COMMENTS ~'~ `~~ j~ ~ ~~ c ~~ ~ ~Q~ ~ ~ ~ ~ ~~ ~ ~~~ ~ ~ ~, SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS L~~~~ ~u, ~ ~~ ~K Q OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • ~. MERIDIAN CITY COUNCIL MEETING: MARCH 21.1995 APPLICANT ALBERTSON'S. INC. ITEM NUMBER; 4 REQUEST; SITE PLAN REVIEW GA ENCY 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 w ~6~ ~~ ~~~~~~~fl,~ ~~,~ ~ a~~~ ~ ~~~ ~e i~~ ^~ ~, N ~" c~~~ ~~ ~~ ~~ p~ 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 CITY OF MERIDIAN ROBERT D. CORRIE GARY D. SM THS P.EyCity Eng veer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, waste Water supt. Planner 8 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) 888-0433 • FAX (208) 887j1813 Chairman ~ Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM: March 9, 1995 To: Mayor, City Council, Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer ~~~ ~ ~e~~ Shari Stiles, P&Z Administrator Re: Preliminary/Final Plat for Ten Mile Square by Albertson's, Inc. We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: GENERAL COMMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 4. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5. A drainage plan designed by an architect or an engineer shall be submitted and required for all off-street parking areas and shall be approved by the City Engineer (Ord. 557, 10-1-91). 6. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. Mayor and Council/Planning & Zoning Commission March 9, 1995 Page 2 7. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance.. 8. Determine the seasonal high groundwater elevation, .and profile the subsurface soil conditions. 9. Submit copy of proposed restrictive covenants and/or deed restrictions. 10. Show land use and existing zoning of lands adjacent to this subdivision. 11. Provide future access easement to parcel to the west, which is also zoned C-N, as well as cross access agreement for Lot 1, Block 1. 12. Add block number to plat. 13. Provide sidewalks in accordance with City Ordinance Section 11-9-606.B. SITE SPECIFIC COMMENTS -PUBLIC WORKS DEPARTMENT 1. Fr~limin Plat - a. Preliminary flat map needs to have the signature and date along with the stamp of the Professional Engineer. b. Sewer and water service to this development will be via existing main lines in N. Ten Mile Road. Service lines for the proposed stores are being installed ahead of the Cherry Lane rebuild. Locations of fire hydrants, fire lines and service lines are to be coordinated through the Public Works Department. Assessment fees for sewer and water service will be determined during the building plan review process. c. Add drafting date to preliminary plat. d. Show scaled dimensions for all lot lines adjacent to the Eight Mile Lateral. e. Indicate pressurized irrigation system to serve landscaped areas on plat. f. Water service to this project is contingent upon positive test results from our computer water model. Mayor, City Council, Planning & Zoning March 9, 1995 Page 3 2. Fi P - a. Add "Plat Showing" to title. b. Add year of platting. • c. Provide a statement of conformance with acceptable engineering, architectural and surveying practices and local standards. d. Add "Ada County" to sectional location. e. Add description of monuments shown; i.e., brass cap; aluminum cap, etc., plus any applicable corner perpetuation record numbers. f. The sum of the dimensions on the westerly boundary do not equal the total distance shown on the exterior of the subdivision. g. Add the word "North" to Ten Mile Road. h. Final plat map needs to have the signature and date along with the stamp of the Surveyor. i. Execute Certificate of Owners and the accompanying Acknowledgment and Certificate of Surveyor. j. Please add the following notes: (1) Building setbacks shall conform to the applicable zoning regulations of the City of Meridian, with the exception of a zero-lot-line designation for the line common to Lots 1 and 2, Block 1. (2) Ail lot lines common to a public right-of-way line shall have a 10-foot- wide permanent public utilities, drainage and irrigation easement. (3) This subdivision is subject to compliance with Idaho Code Section 31-3805 concerning irrigation water. (4) Maintenance of any irrigation or drainage ditch/pipe crossing a lot is the responsibility of the lot owner unless such responsibility is assumed by an irrigation/drainage district. (5) Any resubdivision of this plat shall conform to the applicable zoning regulations in effect at the time of resubdivision, or as allowed by conditional use. ! • Mayor, City Council, Planning & Zoning March 9, 1995 Page 4 (6) (Add note to indicate cross access easement for Lot 1, Block 1. ) (7) Bottom of building footings shall be a minimum of 12 inches above the established seasonal high groundwater elevation. k. Add the following to the Certificate of Owners: "All lots within this subdivision plat will be eligible to receive water service from the City of Meridian's municipal water system, and the City of Meridian has agreed in writing to serve all lots in this subdivision. " SITE SPECIFIC COMMENTS -PLANNING DEPARTMENT 1. All landscaping and screening of adjacent residential properties shall be as approved by the Meridian City Council. Detailed submittals of berming are also required. 2. Non-combustible fencing along Eight Mile Lateral is required to be in place prior to construction. Additional temporary construction fencing may be required to contain construction debris, at the sole option of the City of Meridian. 3. Delete Certificate for Approval of City of Meridian Planning and Zoning Commission from Sheet 2. 4. Add Certificate for Approval of Ada County Highway District to Sheet 2. • MERIDIAN CITY COUNCIL MEETING: MARCH 21.9995 APPLICANT ALBERTSON'S. INC. ITEM NUMBER; 3 REQUEST; PRELIMINARYIFINAL PLAT FOR TEN MILE SQUARE AGENCY COMMENTS CITY CLERK: P ~ Z MINUTES FROM 3-14-9 CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION; SEE ATTACHED COMMENTS SETTLERS IRRIGATION: ~'~t ~q~1~m~' e 0.P ~~~~ ~~ IDAHO POWER: SEE ATTACHED COMMENTS US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: AI Materials presented at public meetings shall become property of the City of Meridian. ~J MERIDIAN CITY COUNCIL MEETING: FEBRUARY 20 1996 APPLICANT: ITEM NUMBER; 10 REQUEST; REQUEST FOR TIME EXTENSION ON PRELIMNARY/FINAL PLAT FOR TEN MILE SQUARE 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: COMMENTS ~~ d,"~ ~ ~ ~ a U~ ~ ~~~ - P~rroJ~ ,~J ^U+~ I' NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHE All Materials presented at public meetings shall become property of the City of Meridian. • MERIDIAN CITY COUNCIL MEETING: February 4.1997 APPLICANT: ITEM NUMBER; 10 REQUEST: CONTINUE DISCUSSION OF ALBERTSON'S CERTIFICATE OF OCCUPANCY 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: OTHER: COMMENTS a~ Wo1~~J r„s ~ ~,T ~~ ~~w9~e uyf ~„d'~ ~~~ne ~,y ~~~~~~~ oat r" p P a' ~c u~ by ~ ~ ~ ~~P All Materials presented at public meetings shall become property of the City of Meridian. ** TX CONFIRMATION REPORT ** AS OF JAN 21 '9r-7.802 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 06 01121 1?~57 2083450365 MODE MINiSEC PGS CMD#i STATUS EC--S 04'59" 011 180 OK MERIDIAN GITY COUNCIL MEETING:_ January 21.1997 APPLICANT: ALBERTSONS INC. ITEM NUMBER; 10 REQUEST: _ DISCU331ON OF TEMPORARY OCCUPANCY 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: U5 WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS " 1(n~ ~/v `+' ~~ ~~ OTHER: All Materials presented et public meetings shall become property of the City of Meridian. • r: MERIDIAN CITY COUNCIL MEETING: January 21.1997 APPLICANT: ALBERTSONS INC. ITEM NUMBER; 10 REQUEST' 91SCUSSION OF TEMPORARY OCCUPANCY 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: OTHER: COMMENTS J~~,h ~G~ k,+ ~, ~~S`°` fi,~ ~5~~ 6~~°~F4~ ~'~ All Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council September 3, 1996 Page 18 . Morrow: So the answer is basically he is asking for a second extension in order to do that he would have to have a variance. Crookston: That is correct. Corrie: Is that what, yours is a little different than that but I think it is the same thing as that is that correct? Stiles: Mr. Mayor and Council the ordinance reads that the Council can grant a single extension of up to one year. Morrow: And he has already had his first extension and now he is asking for a second one. So now we need to instruct him that he has to apply for a variance. Corrie: That is correct Morrow: Either that or file his plat prior to the November 5, 1996 date. Stiles: Correct Bentley: Mr. Mayor I would move that we deny Mr. Goldsmith's request for extension of Salmon Rapids No. 2 and inform him he would either have to file for a variance or complete the obligation to submit the plat before the closing date. Rountree: Second Corrie: Motion made by Mr. Bentley, second by Mr. Rountree in reference of the request for final plat extension, discussion. 11~'~rrow: I have just a (inaudible) it seems it doesn't exp~~ a until November 5, 1996 do we take this action now or November 5? Crookston: I don't think you take any action tonight other than deny the request. Corrie: I think that was the motion to deny the request. Any further discussion? Hearing none, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: REQUEST FOR BEER AND WINE LICENSE FOR ALBERTSONS: Meridian City Council September 3, 1996 Page 19 . Bentley: Mr. Mayor, I have a question for Gary, did the sewer and water issues get settled out there? Smith: Kind of, I think we have an item on the agenda for tonight under Wayne's agenda to talk about those. Rountree: I have a question, it is my unfamiliarity with the ordinances. Is there a prohibition about selling alcoholic beverages that close to a religious institution in the City of Meridian or is it hard liquor? Gordon: It is by the drink. Crookston: There will however be a school, I am not sure if it is 300 feet or not. Rountree: It is considerably further than that unless they are building right on the front edge of that property. (Inaudible) Corrie: Any further questions of staff? Rountree: I just have a further question of the chief if he sees any reason to, we always ask for your advice on these? Gordon: (Inaudible) Morrow: Mr. Mayor, given the Chief s approval I would move we approve the beer and wine license for Albertson's Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma that the beer and wine license for Albertson's be approved, discussion? Berg: As far as part of the application is to give us a copy of the County and the State license for this and we have not received that. So I would like a condition on that motion if you see feet. Morrow: Mr. Mayor, I would subject the motion to include the receipt of the County and State documentation that Mr. Berg needs. Meridian City Council September 3, 1996 Page 20 Crookston: You would need to withdraw the initial motion and second. Corrie: I will entertain a motion to withdraw. Morrow: I will withdraw the motion. Tolsma: I will withdraw the second. Corrie: You may now do the motion Mr. Morrow. Morrow: Mr. Mayor I would move that approve the beer and wine license for Albertson's subject to the receipt of the necessary documentation from the County and the State. Tolsma: Second Corrie: Motion made by Mr. (Morrow, second by Mr. Tolsma to approve the beer and wine license subject to receipt of County and State licenses, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: REQUEST FOR ANNEXATION AND ZONING AND HOOK UP TO CITY SEWER BY ROBERT HALE: Corrie: Is Mr. Hale here tonight? Smith: Mr. Mayor, that name rs Flaten, it looks like Hale on his letter. Crookston: Mr. Mayor, I don't. know that he has requested an annexation and zoning at all, at least it has not been heard by Planning and Zoning. Smith: Mr. Mayor, may I comment, I talked to Mr. Flaten on the phone, from his letter his predicament is that the drain field for the home that is existing out there in which I believe he said his parents live is within the developed area or to be developed are for Danbury No. 7 I think the number is. Apparently they didn't realize it until they started doing some improvement work over there and got into it. So that is the reason for his request is to connect to the City sewer and water or at the very least the City sewer because of this septic tank drain field problem. He doesn't want to pay the double connection fee since he is in the County and the double connection is assessable to him by ordinance because he is in the County. He needs a quids fix I guess you would say for a sewer problem that exists. I don't know apparently they didn't know the location of the drain field, I can't be .Meridian City Council ~ February 20, 1996 Page 26 Corrie: If that meets with your approval we will meet with the owner of Idaho Truss (inaudible) if they don't change we will (inaudible). Again, the sexual harrassment (inaudible) and then we can talk (inaudible). I guess we should do that, Chief (inaudible) Mr. Morrow. Morrow: That is fine. Corrie: We will set up a meeting and get back with you and (inaudible) ITEM #10: REQUEST FOR TIME EXTENSION ON PRELIMINARY/FINAL PLAT FOR TEN MILE SQUARE: Corrie: You have that request in front of you. My understanding is that March 21, 1995 was year of the extension or they want a year extension becuase they are planning on construction but (inaudible) March 21, 1996. The motion was made and seconded to extend approval of the preliminary/final plat for Ten Mile Square for one year. MOTION CARRIED: All Yea ITEM #11: COVENANTS, CONDITIONS, RESTRICTIONS FOR GEMTONE CENTER: Corrie: Counselor? Crookston: I have not seen them. Morrow: Mr. Mayor, I move that we table those until March 5 for the Counselor to review and report back to the Council. Rountree: (Inaudible) Corrie: Motion by Mr. Morrow, second by Mr. Rountree to table this until March 5 for the Counselor to review, any discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: N. LOCUST GROVE ROAD WIDTH IMPROVEMENT AT AVEST PROPERTY: Corrie: (Inaudible) • 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? Corrie: 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 i Meridian City Council March 21, 1995 Page 4 • Creek and Wally Lovin property. It is my observation that because those homes that abut that have their backyards and bedrooms in there are lights that can shine through. In turning radiuses as per these blueprints in the parking lot that wall ought to also be a block wall as opposed to a see through chain link. I throw that out for discussion that is my observation. Tolsma: Mr. Mayor, I agree with Walter, I visited with the homeowners out there last evening and looked at the situation. Where the lots across the canal are situated (inaudible) headlights from cars or from trucks or whatever turning around out there would shine into bedroom windows. There are also several concerns of the homeowners that they have a beautiful view of the mountains now and want to know if Albertsons would be willing to paint a mural on the back of their building. Kingsford: I am sure we would get a lot of (inaudible) as to what that mural should be. Any other comments or questions that you would like to ask of either staff or the developer? Morrow: I would ask for staff comments, Shari's and Brace have seen this landscape plan, do you have any further comments other than our observations? Stiles: No, I would just make the additional observation that the people that came to the last meeting would like to have the council consider an 8 foot fence in lieu of the 6 foot fence. Corrie: Mr. Mayor, you said 8 foot, is that cinder block? Stiles: Mortar block whatever. Kingsford: It sounds like a bigger mural. Morrow: Well I think the issue with respect to the 6 foot as opposed to the 8 foot, when you begin to go with cinder block and 8 foot high there are several structural things that have to be changed with respect to trying to build a wall. I guess also in my own personal mind is that I recognize that this is the border between the commercial and a residential zone. What is our policy with respect to 8 foot fences and something that is not a junk yard or __ requires specific industrial screening. Do we have ordinance capability to require an 8 foot fence? Kingsford: I think we have a prohibition against it. Crookston: An 8 foot fence is allowed in the C-N district pursuant to ordinance. • Meridian City Council March 21, 1995 Page 5 • Kingsford: I guess that shot be down. I have some concern about an 8 foot fence and what that would do to that being a solid area, what that would do for vision. I can appreciate wanting to block head tights and noise and that sort of thing but you are not going to eliminate the parking area lights. I would think a 6 foot fence is going to eliminate most of the auto lights. to go higher than that you are certainly going to restrict the view I am not sure everyone out there is going to agree with that height. Corrie: Probably aesthetically it would be better with a 6 foot all the way down for everybody concerned. Mr. Mayor I agree with Walt, I think that 6 foot wall should be all the way down to the parking area and not the chain link halfway and the 6 foot all the other way. I would like to hear what the developer has, if they have any questions there. Kingsford: The architect or whoever, if you would like to speak to that issue of the wall separating Parkside Creek and the development. Slocum: I am Craig Slocum from CSHQA Architects representing the applicant Albertson's. I guess in just addressing the comment from Council in regards to the chain link fence, what we felt would be better would be since we are providing landscape on our side of the easement putting up a 6 foot masonry wall is not going to allow those neighbors to see any of our landscaping other than the trees which are over that 6 foot height. I think the bushes and shrubs that we are providing with a chain link fence at least they would continue to have that view. I think those, the 3 individuals that were here last week are these 3 lots and in fact I think what they are going to see is smaller scale shops building when it goes in if it goes in and some landscaping. The concern that we took from Council originally was the noise and headlights of the trucks and service vehicles behind the Albertson's that there is no traffic behind this area. There are no roads thus there would be no service vehicles. That is why we presented to Council to provide that masonry wall in the location that the headlights and noise was a concern. Kingsford: I think where they are discussing concern particularly as you go directly south there after you pull away from the drain and go to the north right at that point and from there up to Cherry Lane. Morrow: Let me ask you this Mr. Slocum with respect to Lot 2, which is where the accessory building is, is that building built at the same time that the Albertson's store is ___. built? Slocum: It is not proposed to be. Morrow: And so from our perspective now it could be 1 year; 2 years, 5 years before it is built. Meridian City Council March 21, 1995 Page 6 Slocum: It is market driven. • Morrow: In the case of a market driven building it could be 1 to 5 years and under those circumstances then those folk would not have any protection from the lights in the parking lot shining through on lots from the corner of the building there to the corner of the property is that correct? Slocum: They would not have as much protection as if a building were there. However, as Shari is holding up the sections (inaudible) we would be berming in order to facilitate blocking the head lights. Corrie: Shari could you hold that up just a little higher? Where would that be, would that not be Section E, would you have a Section E up there, where is that over here then? Slocum: We don't have a specific section at this point, we have taken the section into Mr. Lovin's property at each street frontage and at the point of at the time what we thought was the Council's concerns. Corrie: So that is going to be a berm there, you don't show it is a berm. You just show a fence you don't show a berm in the section like your Section E which would be there because it is a fence not a berm I would think you would have another section cut to show us which I don't see one so I don't know if it is a berm or what it is. It could be just flat. Slocum: During our dealings with Planning and Zoning we received conceptual site approval, dealing with Shari. One of the comments that Shari gave us is that we would have to berm in order to facilitate blocking headlights from glaring onto adjacent properties. Kingsford: So you are talking the north-south section there between the Lovin property and down to the ditch. Is that a 20 foot width and what is the elevation of that berm? Slocum: At Mr. Lovin's property? Kigsford: All the way the north-south. Slocum: At Mr. Lovin's property it is 25 feet and the berm is presented to be 3 feet above curb, so you are 3 feet above the asphalt. Kingsford: And then from the Lovin property south there is no berm? Slocum: We have not indicated one, only from the standpoint that we did not cut a section r1 LJ Meridian City Council March 21, 1995 Page 7 • through there. What I was trying to state that in fact we would be required to berm at any areas where headlights could glare into adjacent properties as my understanding from talking with planning staff. Corrie: That is a 3 foot berm than right, from the level of the parking. Slocum: Correct Kingsford: Any other questions? Thank you, what is the Council's pleasure? Morrow: I will state my position, I am not willing to approve a plan with a chain link fence. given the fact that you have exposure the full length from the corner of the Albertson's store to the property. I think that certainly those folk are entitled to, those who abut that property are entitled to the same protection that the other folk have at the other end from parking lot lights and those kinds of things. I am not convinced that a 3 foot berm as opposed to a 6 foot fence will solve that problem. So from my perspective I would like to see the block wall the full length as with cross section (inaudible) with the block wall and berming and continuation of that landscaping (inaudible). Tolsma: Is that a motion? Morrow: Well, it was a point of discussion stating my position. If you wish it to be, if you agree with that concept I will make that motion. Tolsma: I agree with that concept. Yerrington: I second that motion, that concept. Kingsford: I would kind of be interested in a motion. Morrow: Mr. Mayor I would move that we approve the site plan as presented with the exception that we require the continuance of the 6 foot masonry block wall and landscaping full length of the southerly property line. Yerrington: Second Kingsford: Southerly property line? Morrow: It really runs from northwest to southeast, would you prefer that I make it that way? -_4 • Meridian City Council March 21, 1985 Page 8 Kingsford: Why do you make it from point, do you want it to go all the way from Cherry Lane? At what point do you want that block wall to stop? Morrow: 1 want it to stop at the intersection of the Albertson's property and the Lovin property. Kingsford: You don't want it to going between Lovin's and the parking lot? Morrow: No Kingsford: Okay, is everyone clear on the motion? Is that agreeable on the second? Yerrington: Yes Kingsford: Moved by Walt, second by Max to approve of the site plan for Albertson's with the exception that the 6 foot block masonry wall with the adjoining landscaping run onto the north, to the Lovin property, that is to the southern boundary of the Lovin property is that correct? Morrow: Yes Kingsford: All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: PUBLIC HEARING: REQUEST FOR REZONE FROM R-4 TO L-O BY JAMES AND JEAN FULLER: Kingsford: At this time I will open the public hearing and invite either the Fuller's or their representatives to speak first. Crookston: Mr. Mayor I have a conflict of interest in this matter? Kingsford: Well get off this table, Mr. Riddlemoser would you step forward? Tim Mockwa, 1802 N. 33rd Street, Boise, was sworn by the City Attorney. Mockwa: As I mentioned I am representing Mr. and Mrs. Fuller in their request for this rezone from R-4 to L-O. I would like to make this brief and cover just a couple of major topics. Briefly discuss the justification or reasoning behind this request and secondly cover a couple of design considerations facing this rezone. Probably the most important i Meridian Planning & Zoning Commission March 14, 1995 Page 25 Alidjani: (Inaudible) Elliott: I have run an in home day care out of home with 10 kids (inaudible) and I have been teaching for 6 years. Crookston: One more, how many employees are you going to have? Elliott: Seven Johnson: This is a public hearing, anyone else from the public that would like to address the Commission on this? Seeing no one then I will close the public hearing at this time. This application would require findings of fact if that is your pleasure. Alidjani: I would like to ask a question from Gary or Shari. (Inaudible) State Law (inaudible) Stiles: The Uniform Building Code requires 35 square feet per child for that kind of an occupancy. Alidjani: (Inaudible) Johnson: We can address that in the findings though. Shearer: They will address that when they do the building permit also. Johnson: Any other discussion or comments? Shearer: I move we have the Attorney prepare findings of fact and conclusions of law for this project. Hepper: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR PRELIMINARY/FINAL PLAT FOR TEN MIL E SQUARE BY ALBERTSON'S, INC.: Johnson: At this time I will open that public hearing and invite the applicant or his • Meridian Planning & Zoning Commission March 14, 1995 Page 26 representative to address the Commission. Gordon Anderson, 960 Broadway Avenue, Boise, was sworn by the City Attorney. Anderson: Albertson's is requesting to get a preliminary and final approval fora 2 lot subdivision. The existing parcel is an almost 7 acre parcel bounded on the north by Cherry Lane and on the east by Ten Mile. What they are going to request along with this subdivision is that they get a zero lot line designation between proposed shops A and proposed Albertson's store. There was a hearing last week by the City Council on that zero lot line. The City prepared their comments and Albertson's indicated to be in agreement with all of the comments which are pretty much standard for preliminary final. approval with the exception of Note No. 2 which is on page 3. Albertson's position is that they want to grant an easement for public utilities, drainage and irrigation but they would like to be define more specific than just a 10 foot easement that abuts the right of way on Ten Mile and Cherry Avenue. The way they intend on accomplishing that is to find out where the designed utilities are going to be and then have specific easements in just those areas alone. If the utility companies are in agreement with that that is what we would like to do in lieu of item #2. Johnson: Before we move on do you have any comments on that, have you been approached any discussion on that Gary or Shari? Are you saying then that is too broad and not definitive enough of a statement is that what you are saying? Anderson: It is especially with 2 accesses they don't want the utility company in there tearing up a driveway and not allowing access and they would like to have a little bit of control where the utilities are going to be in order to best facilitate ingress and egress to the center. Johnson: Could you give us a comment on what the usual practice is Gary? I think what I am understanding here is Albertson's wants influence of say on where the easement goes and is that possible I guess is my question? Smith: Yes I think so. This is a typical note that we use for residential subdivisions for utilities that extend along the front of the lots outside of the (inaudible). Johnson: You don't anticipate a problem with the request or concern here? Smith: As long as we have, we do this for the purpose of the other utilities not necessarily sewer and water, but power, gas, telephone. I don't know where those folks are located, if they are within the public right of way then they don't need the easement, if they are not then they need the easement I would assume. We do that for their purposes. Meridian Planning & Zoning Commission March 14, 1995 Page 27 Anderson: If I could comment, typically what will end up in the 10 foot adjacent to the property line inside the property would be their risers or pedestals, transformer pads and we can accommodate that with an easement that just surrounds that utility. That is what we are after. Smith: I guess I would relent to the utilities, if that is, in a subdivision that not generally the case they are in that easement they are outside the public right of way and they are within that easement. Because we only have a limited distance between back of sidewalk and the edge of the right of way and so they do stray over into the private property or into that utility easement. So that, like I said earlier that is standard statement, standard requirement that we use on subdivisions to allow the utility to locate. (Inaudible) on final plats we normally always get comments from the utilities whereby they state they are requesting certain easements, certain width of easements. Johnson: I was under the impression they kind of dictated or at least requested where the easement would be, whatever fits their needs. Smith: Right Johnson: It is really nothing that we decided for them was my impression. Smith: Correct, and typically our utilities, the sewer and the water part of this thing is located within a public right of way or right on the edge. So there isn't a problem from the City utility standpoint. One thing that, and I may have missed it in this review by my staff is one thing that we do need consideration from Albertson's for is an easement to extend sewer and water services to the property to the west which is owned by Wally Lovan. I visited with the architect for Albertson's concerning this issue and it may not have gotten transmitted to my staff to include that as a review comment but I have talked to Mr. Craig Slocum from CHSQA concerning that issue. Crookston: Mr. Chairman, there is a comment from Idaho Power that says we require a permanent 10 foot wide public utility easement along all lots adjacent to a road right of way dedicated to public or private use. Johnson: Which is also probably a standard comment. Anderson: If they are not going to need it we would like the right to not have that easement on the commercial subdivision. It may conflict with setbacks or other issues that could come up. Johnson: I don't think we are in a position to grant any exception to that is my own feeling Meridian Planning & Zoning Commission March 14, 1995 Page 28 are we Wayne? Crookston: It really depends on what the utilities want because they have the ability to condemn if they need to. Johnson: Absolutely. Smith: Mr. Chairman, I think this (inaudible) as the utility being out of its designated corridor and if another utility wants to locate within their designated corridor then they simply get permission from that utility. If we had permission from the utilities to not require these easements then I would think that would be appropriate. Shearer: Why are you concerned about this, isn't that supposed to be a landscaped area in the first 10 feet off the (inaudible) paving clear out to the existing right of way? Something sounds fishy here to me. Anderson: I am not real concerned with it personally but Albertson's does have concerns with maintenance of the utilities in that easement, closing down driveways, not accommodating the owner of the property needs due to the utilities needs. The utility may need to dig up that line, may need to occupy part of the driveway, may need to close it down or close all the driveways down. So as an owner needs to keep his doors open that is their concern and it has happened in the past. They have had better success with limiting the areas where those utilities are or maybe not limiting but specifying where the utilities need the easement, giving them the easement in that area only and not having a blanket easement that surrounds the property like that. So, if Idaho Power doesn't need that 10 foot or if they need it along a strip or portion of the property they would like to provide that for them and in just that area. Johnson: Well, we appreciate your comments but I don't think this body can resolve that. I think that is between Albertson's and the utility really. Anything else you would like to comment on? Anderson: Another issue is that of ingress/egress which is on page 2, item 11. Both properties have the same zoning designation, the proposed plat and the property to the west. Albertson's doesn't know what the intended design is going to be for that, it is hard for them to provide a future access corridor or location without know what the intended use of that is. They don't want to incumber a large portion of their property, they are having a .hard time figuring a way to provide access in the future without accommodating the existing conditions which would be maintenance over that access, right of the ingress/egress. How can they limit that access to a future use. Meridian Planning & Zoning Commission March 14, 1995 Page 29 Johnson: Well, you can certainly understand the position of the property owner to the west can you not? Anderson: Does that mean that Johnson: That just means that I think that is a pretty standard request that we have access to adjacent properties and we take that into consideration when we look at a plat and look at a presentation such as yours so we don't shut off adjoining parcels and we don't limit the use of the adjacent land. Anderson: By Ada County policy and standards, a piece of property with 150 to 600 foot of frontage is allowed 2 access. So is the circulation to better the property to the west or is the intent to limit them to less access points on the property. We are not really sure how we can encumber the property properly with an access easement not knowing what that use is and not knowing how they are going to access that property in the future. Johnson: Is this at all related to your comment Gary or is this strictly with respect to sewer? Smith: Strictly to sewer. Anderson: ACHD has a similar comment on there (End of Tape) on ACHD's facts and findings page 4 this is their report dated March 6th, item 9. In the tech review meeting they didn't have a real good explanation why they wanted that access without knowing what the intended use of that property is. Still by policy they are allowed 2 accesses with the frontage that they have. Hepper: I guess I don't understand, you guys are making the proposal for the lot but you are not going to allow them to have an access? That is what I am getting. Anderson: Let me clarify, Johnson: I think we are getting off track here, I don't like the tone of the way things are going, it seems to be dictating. Anderson: What we have here is the existing parcel, it is almost 7 acres, then we have proposed Lot 1 and proposed Lot 2. This is the westerly parcel that we are talking about. The subdivision will incorporate a cross access easement to be recorded simultaneously to the subdivision map itself. What it looks to me and what this comment 9 from ACRD they want some kind of an access to this parcel here. Is that how you read it? Meridian Planning & Zoning Commission March 14, 1995 Page 30 Hepper: I was under the impression we were referring to Lot 1 under the engineer's comments, item 11. I am confused, we are talking about something else. Anderson: They must be trying to incorporate 2 comments here, they want, the staff, maybe we can get some clarification. They're asking for an access easement to the westerly parcel which is not a part of the subdivision then also in the statement they say they want a cross access easement to Lot 1. Which would be across Lot 2 to Lot 1 and we are going to accommodate that. What we are questioning is what is the need for an access easement to this parcel here. Johnson: And ACRD apparently is only addressing the single issue. Anderson: Comment 9 Johnson: Which is to the west for access to Cherry Lane Anderson: And by policy with a 150 foot to 600 foot frontage they are allowed 2 access points on that property. Johnson: ACRD is talking about a cross access, right? Anderson: Yes, they are talking about either an access corridor maybe they are talking about a cross access. Johnson: I think they used the term cross did they not? Anderson: ACHD in their March 6th preliminary facts and findings don't talk about a cross, oh I guess they do I am sorry. Johnson: Number 9 says provide a cross access easement to the abutting parcel to the west for access to Cherry Lane. Anderson: What I was thinking interpretation of a cross access is access that allows them to go in and out of every driveway anywhere across Lot 2 to Lot 1. They are stating they want a cross access easement could be a corridor easement to this parcel. Without knowing what the use is here it is kind of hard to describe where that would be and definitely don't want to allow this person now to go across all of lot 2. Johnson: Well, that use is probably not known yet. Are there any other items? Any questions for the applicant? Mr. Shearer? i • Meridian Planning & Zoning Commission March 14, 1995 Page 31 Shearer: I think we have covered it. Johnson: Thank you very much, this is a public hearing, is there someone else that would like to come forward? Wally Lovan, 3415 Cherry Lane, was sworn by the City Attorney. Lovan: As you members here of the board know that I do have access to the property we were just talking about just west of Albertson's. I am concerned about Albertson's store, I became concemed in talking with the Mayor and he was talking about shielding of some of the homes across the ditch. About November of 1994 I was contacted by a representative from Atbertson's to perhaps purchase my property. And we have never been able to get together since then and I assumed that because of lack of interest on their part I will have to wait until there is a bona fide offer for that property. In the meantime I will have to live there and I do need some type of shielding from these people. Their front door will be in my back door. Johnson: About where is your home located on there, can you just kind of point it out to us? Lovan: (Inaudible) that is what I am requesting this evening that some type of shielding of noise and sight be required by Albertson's to shield my property. Alidjani: (Inaudible)right of way from your side, especially on the back side of (inaudible) equipment that you have (inaudible). Lovan: The old bridge was torn out. There is no access. Alidjani: (Inaudible) Lovan: Cherry Lane itself. Johnson: It would appear to me that the location of the access to the west could hurt you as much as it could help you, depending on where it is located in terms of what you are trying to do to screen yourself from the project. Lovan: I certainly don't want to live there the rest of my life so I would not turn down a good reasonable offer. Alidjani: I think you are going to be there a while because we are going to finish the 18 holes and then you are going to play a while. Meridian Planning & Zoning Commission March 14, 1995 Page 32 Lovan: How am I going to get money to finish the 18 holes? That is all I have. Johnson: Any questions for Mr. Lovan? Hepper: Wally you mentioned a screen, it shows on the site plat here that there is a wood fence proposed along there. Lovan: I have one in there now, if that is the fence I am sure they are considering there. It is a split rail fence. Hepper: What did you have in mind? Lovan: Well, something that will keep people from looking into me out on my barbecue. Hepper: Are you proposing a 6 foot cedar fence or (inaudible). Shearer: (Inaudible) between residential and commercial. Hepper: It also states a 10 foot side yard building setback which certainly would not meet a 20 foot landscaping easement. You want something where people cannot look through you and you can't necessarily see them. Well a split rail fence does not do it. That is the only question I had. Johnson: Anyone else from the public that would like to address the Commission at this time? Bob Higgins, 1400 Oak Creek Way, was sworn by the City Attorney. Higgins: 1 just have a question of the developer, we own the houses on this side of the culvert and I am curious to know about the height of the building that is going to be built and what type of fencing is going to be on the back side of that property because they are looking dead into our backyards, that is the curiosity that I have. Johnson: We will permit the developer to come back after all of the testimony and address those concerns. Are there any others? Higgins: 1 do have one other question, is that the original location of the plan for Albertson's, originally we had heard that it was on the other side of Ten Mile south of Cherry Lane. Johnson: I don't know the answer to that. Meridian Planning & Zoning Commission March 14, 1995 Page 33 Crookston: It is my understanding that there was a mix up that they somehow, that there was some indication that it was going to be on the east side of Ten Mile I believe. I do have a question, you have lots in Parkside Creek? Higgins: Yes Johnson: Thank you, anyone else that would like to come forward? Michelle Robey, 1418 Oak Creek Way, was sworn by the City Attorney. Robey: My question is in regard to his last statement was, Johnson: Excuse me who's last statement? Mr. Higgins? Robey: Yes, about the prior agreement to Albertson's being built somewhere else. My question I guess would go to the developer, what was the reason for the change, we just built there we are in Parkside too and we asked in regards to this land before we built and we were told that Albertson's was being built somewhere else. Johnson: Was that a realtor or someone that told you that? Robey: Yes Johnson: Well, we can perhaps get to Albertson's representative to answer that question if he knows the answer. Robey: I am issuing concern here obviously for the same reason that the person just left is, the noise, the traffic and so on. Johnson: Any questions of Michelle? Thank you very much anyone else from the public? Would you like to please address those if you can, either one of you. Craig Slocum, 2581 West Leonard, was sworn by the City Attorney. Slocum: I am representing CSHQA Architects, the architect for the applicant Albertson's. In regards to the question the Albertson's being proposed for the other comer of this intersection, that was an error in the Statesman. At no time that I am aware of has it ever been thought of for a different comer of the intersection. In regards to the concerns both Mr. Lovan and the property owners to the west and Rod's Parkside Creek, as a part of some variance that have been previously requested of the City Council. We are in the process of developing a detailed landscape plan that will indicate berming, the ~ i Meridian Planning & Zoning Commission March 14, 1995 Page 34 construction of sound walls along the easement which abuts the Eight Mile Lateral. We had requested of the City Council only along the westerly edge of the property a variance to the landscaping and they approved it based upon us providing adequate screening. We are providing berms. To Mr. Lovan's property we are providing in excess of the required 20 feet I think it is a minimum 25. We would also berm that as well so that head light glare would not encumber his property. If t could address a couple of the issues that Gordon in his opening, the issues that Albertson's has a concern about. One the ten foot utility easement it is certainly not Albertson's wish to not give the utility agencies the easement that they require or that they need. They are certainly willing to work with them and give whatever they do need. They just felt that a blanket 10 foot easement may encumber the property more than is required by those utilities and that is all they are requesting is the ability to work with the utilities individually and it appears that they are a part of the plat process and would be involved in that. In regards to the other issue of cross access, or access it is (inaudible) and so does ACHD. The plat that Albertson's is requesting is strictly for the 7 acre site, they have an option to purchase this property an option to purchase only this property. They have no option to purchase Mr. Lovan's property that I am aware of currently. The plat should stand on its own individual merit and requiring the owner of this property to be encumbered by an access to Mr. Lovan's property I guess I don't follow the reasoning behind that. When Mr. Lovan currently has access and by all State rights and ACHD rights would be continued whomever that owner would be to have access. That is what they are really requesting the elimination of a very unnecessary easement. In both of those issues the utility and that easement Albertson's wishes to just not encumber the property that they own anymore than they need be. Alidjani: (Inaudible) some kind of berm (inaudible). Slocum: The plan still being developed and we will be getting that to Shari and the City Council I believe what we are proposing at this time is a 4 foot high berm. The distance between the west property line and our parking is I think a minimum of 25 feet. Hopper: Would there be any fencing? Slocum: Other than what exists there now? Hopper: Yes Slocum: None is proposed. Shearer: (Inaudible) Slocum: Yes, landscape plan indicates many trees and the exact species of which is what Meridian Planning & Zoning Commission March 14, 1995 Page 35 we would be submitting to both Shari Stiles and the City Council. Hepper: What about on the south property line, what was your proposed landscaping on that? Slocum: It is a combination of, I don't know if you have a plan in front of you. What we end up with is 2 triangle shaped pieces of landscaped area adjacent to the shops building. Those would be fully landscaped with trees, we are then required to provide a fence along the easement to Eight Mile Lateral and at that point we are proposing a chain link fence from the corner of Albertson's southeast to Ten Mile. The concern was what happened behind the Albertson's from the standpoint of trucks and noise so from the corner of Albertson's where it is near the easement southeast to Ten Mile we are proposing a masonry wall and a berm with 10 feet of landscaping. Hepper: What would be the height of that masonry wall? Slocum: I believe it is 6 feet. Hepper: Then from that nearest corner of the Albertson's to the property line going northwest that would be a chain link fence along there? Slocum: That is what we will submit, that is what we are proposing. Hepper: is that a tiled ditch? Slocum: No the other variance that we requested of City Council was not to the it. That was granted for Rod's Parkside Creek and was granted to us last Tuesday. Hepper: So part of the reason for the chain link fence I would assume would be so that if they burn the ditches they don't burn the fence down. Slocum: True Hepper: Has Albertson's, at some point in time, I would assume that Albertson's sent a letter to the property owners within 300 feet. Were the property owners along there aware that Albertson's was going in before the misprint in the Statesman? Do you have any idea at what point in time they became aware or they were notified or the developer was notified. Slocum: Of Rod's Parkside Creek, that I can't speak to. Meridian Planning & Zoning Commission March 14, 1995 Page 36 Hepper: Was the developer aware that Albertson's was going in there prior to selling some of those lots? Slocum: I can't answer that, I would not know. Obviously Albertson's real estate people do a lot of dealings months maybe years before it is anything that we as the architects see. So I couldn't speak knowledgeably about. Johnson: Anyone else? Crookston: Does your architectural firm, do you do quite a few Albertson's stores? Slocum: Yes we do. Johnson: Is there anyone else from the public? Anyone else from the public that hasn't already testified? Robey: When we bought our land, do you want me to show you where our property is. (Inaudible) when we purchased our land we spoke with our builder and our realtor about this land back here. We knew that was commercial, it was our understanding. We also were told by both that Albertson's was not going in there. Soto our knowledge and I know to Mr. Higgins and my brother-in-law Albertson's was not going in there. For my family we would not have built there if we had known. I have a question, we did not receive a letter, the only reason we are here is because my brother-in-law did. I know that Mr. Higgins has never received any information about this either. So just because my brother-in-law received it and he is the only one of us 3 that did receive any information about this Albertson's. My question is because we haven't received any information I have very little idea of the layout of this whole entire land. My question is the top part, the parking lot and the middle part is the Albertson's then what is the back triangle area. What is that small triangle area that is in my back part. What are those parts of that land? Johnson: In the notice you would have received if you would have received it, it would not give you that detail. That is what this hearing is all about. But I am concerned that you did not get notified if you are the owner of the property listed with the Assessor's office, I am concemed if that is true of Mr. Higgins too because that constitutes an improper notice and we have no way of policing that unless people tell us because the list of property owners is supplied by the developer. It is not supplied by the City and they are obligated to notify anyone within 300 feet so that this point in time I appreciate your comments I am interested in seeing a list of those people that were notified. Mr. Higgins did you have something you wanted to add? Higgins: I was concerned on the height of the building. Meridian Planning & Zoning Commission March 14, 1995 Page 37 Johnson: The height of the building we never did address that. Higgins: We all bought those lots right there because they had a great view of Bogus, we don't have that view no more. I feel that was mis-represented to us. Johnson: I think that was an oversight so we will ask what the height of the building is and they probably have that for us. Anyone, either one of you that can answer that question. Slocum: I can't tell you the exact height because at this point Albertson's doesn't own the property and we certainly haven't done design documents. Johnson: Is there a typical height? Slocum: I think the zoning of this particular project allows a 35 however at the rear of the store we are typically 25 to 30 feet. I can just speak from a typical Albertson's standpoint. Johnson: Okay, and addressing while you are there Michelle Robey's concern about what she might be seeing out her front door right at the back door I guess it would be. Slocum: (Inaudible) the Albertson's building is proposed to be here, (inaudible) these areas back here are landscaped and what is shown here is 60 foot easement that the (inaudible) and 30 feet on this property. Johnson: Where would the delivery entrance be? Slocum: (Inaudible) Johnson: And the actual dock or receiving area? Slocum: (Inaudible) Johnson: The access has to be off of Ten Mile right? Slocum: (Inaudible) Johnson: Thanks a lot, do you happen to have a list of those people you notified? I think we have got one here. We have a Robey listed at 1378 that might be brother-in-law or brother. Slocum: The list that we submitted with our applications was obtained from the Assessor's office and was current as of the day we got it. Meridian Planning & Zoning Commission March 14, 1995 Page 38 Johnson: Do you know when that would have been? This list is dated as being received in Meridian on February 23rd of this year. Berg: (Inaudible) Johnson: Just for the record were he Higgins and other Robey's there prior to that? When was your date? (Inaudible) Johnson: Of 1995, those are fairly recent moves and this has been in progress for awhile.. So the owner of the property on record at that time though would have gotten a notice which was L and R Sales was notified then. (Inaudible) Johnson: It is not recorded until it is closed. Well, I think that is something our City Attorney needs to look at rather than try to decipher that here. Is there anyone else from the public that has any further comment or questions? Questions from the Commission? Seeing no one then I will close the public hearing. This is a request for preliminary/final plat. What is your pleasure or do you need guidance on what we do at this point? Guidance Counselor? Crookston: What do you need guidance on? Johnson: On our next move. Crookston: There are no findings required on plats. You basically have, you can approve, you can deny, you can table for additional information, those really are you options. Do you have a comment Gary, it looked like you wanted to say something. Smith: I was thinking about a couple of things, one was the access issue the cross access easement that the Highway District was requesting. Just as a note, the Highway District signs the final plat, if the applicant has an issue with the Highway District recommendation then I would suggest that the applicant take that up with the Highway District and resolve that with them. Our comment was just a reiteration of the Highway District's request. The second thing I wanted to ask was, I didn't hear the applicant respond to my comment concerning an easement for sewer service to the Lovan property. Also, I have talked with the project architect about an easement for water service because there is no water line in Cherry Lane in front of the Lovan property nor is there a sewer line. Those 2 issues need to be resolved whether they are resolved here tonight or not I don't think is critical • Meridian Planning & Zoning Commission March 14, 1995 Page 39 but they do need to be resolved. Sometimes my signature on a final plat can get kind of stingy if things don't get resolved. They do need to be resolved so I just wanted to make those comments. Johnson: I closed the public hearing, what is your pleasure gentlemen, what would you like to do considering we have at least 3 options. Shearer: I move we approve the preliminary and final plat with the conditions set forth by the City staff. Alidjani: How about the concern for the berm, fences, and all the other concerns that the people have. Shearer: I think the architect indicated those are in there. Hepper: (Inaudible) Alidjani: The berm is only 4 foot high and Shearer: (Inaudible) Alidjani: (Inaudible) they can see across he just wants some kind of shield (inaudible). Shearer: Landscaping, shrubbery. Johnson: We have a motion is there a second or more discussion? Hepper: I would like to see a stipulation added that a cedar fence be installed along the west property line as an addition to the motion. Alidjani: Do you have a problem with that suggestion? Shearer: (Inaudible) Hepper: What is the point of order if we wanted to make an addition to the motion? Johnson: Well, he would have to withdraw his motion or it dies for a lack of a second and then you have to have another motion. You are getting to the point of letting things die. (Inaudible) ~ ~ Meridian Planning & Zoning Commission March 14, 1995 Page 40 Hepper: I would like to amend the motion to stipulate the 6 foot Johnson: We have to vote on this one. Crookston: You can't vote on it because it hasn't been seconded. Shearer: You have to second and then he can make (inaudible) Alidjani: I will second his motion. Johnson: We have a motion and a second. Hepper: 1 would like to make an amendment that we require a 6 foot cedar fence along the west property line. Alidjani: I second that. Johnson: All those in favor of the amendment to the motion? Opposed? MOTION CARRIED: All Yea Johnson: Vote on the motion, all those in favor of the motion? Opposed? MOTION CARRIED: All Yea Johnson: Is there anything else you guys want to bring up tonight because that is the end of the agenda. Stiles: I would just like to clarify one thing on the site plan. Albertson's has come in with a variance request on the 20 foot landscape and the tiling. As part of the findings for that the City Council is requiring that this site plan be presented to Council so that they can see the berming, the fencing, whether it is block or chain link, whatever else. If these people would like to give their name to the City Clerk we would be more than happy to let them know when that is going to be on the agenda. It is not going to be a public hearing but it will be brought before. Council again. Johnson: I appreciate that. Anybody else? Shearer: I move we adjourn. r~ 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? Corrie: 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 January 21, 1997 Page 44 Cowie: We have a request from Marty Goldsmith that we continue this discussion until February 4, 1997. Bentley: Mr. Mayor, I move we table until. February 4 the discussion on Salmon Rapids No. 3. Rountree: Second Cowie: Motion made by Mr. Bentley, second by Mr. Rountree to postpone the discussion on Salmon Rapids No. 3 by Marty Goldsmith until the February 4 meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: ALBERTSONS INC.: DISCUSSION OF TEMPORARY OCCUPANCY PERMIT: Cowie: Is there a representative here from Albertson's that would like to come first? Mollerup: My name is Richard Mollerup, I am the Counsel for Albertson's. I appeared before you on September 3`d, at that time requesting approval of sewer easement (End of Tape) it was the City's position that they couldn't accept the easements for the water and sewer because of the size of the pipes. And suggested or requested that Albertson's grants sewer and water easements directly to Mr. Lovan who is the property owner of and adjacent and west of Albertson's project. I am here tonight to request and excuse me at that hearing the Council made a motion that was passed that a 90 day certificate of occupancy be issued for Albertson's store conditional upon reaching an agreement on those easements. After some discussion. about how that agreement should be reached the motion included that it was Albertson's responsibility to be reasonable in their negotiations and the 90 day certificate of occupancy could be terminated only if this Council found that Albertson's had in fact been unreasonable. That certificate of occupancy was issued on November 7 with the sole conditions that the easement issues be resolved. I am here tonight to ask the Council to remove that condition and issue a certificate of occupancy io Atbertsons. I would like to briefly recap where we are and how we got here without siting the entire history. Without belaboring the point I think it is important that I note that it is Albertson's position and has always been Albertson's position that the ordinances that have been sited as authority for granting these easements don't apply in this instance. I submitted by fax today a memorandum, I hope it was distributed to the City Council, has it been? So I am not going to reiterate those arguments, the hour is kind of late. Since the September 3'~ meeting Albertson's redrafted the easement agreement and the late comer agreement incorporated into one document. 1 have a copy of that document with me that I can submit for the record if you would like. That was submitted to Mr. Howard Manwieler on September 23`d and to date we have received no response from either Meridian City Council January 21, 1997 Page 46 would be reasonable and what kind of input Mr. Lovan should have if we were going to be granting easements to him. During that meeting I said, "I guess my only thought is that absent the City ordinance of not having a 6 inch line for the City we would have more than likely signed the easement here tonight and Mr. Lovan would have a six inch line with a late comers agreement. We are willing to give him exactly that with shared maintenance. I have not talked to Mr. Lovan, I have talked with his Counsel a couple of times those conversations were very short and the time frame my client has not paid anything." To which Mr. Morrow replied, "That may very well be Mr. Mollerup in my opinion at least the effort needs to take place. Once the effort has taken place if there is no willingness on the part of his part to participate than it very candidly our staff goes back to the City and says this is where we are and there is no desire on Mr. Lovan's part to negotiate and from that point we make a decision as a Council as to where we go and we are off and gone. I submit to you that is where we are. The City through a series of circumstances that I don't think anybody is at fault at is really placed in what I see to be untenable position. You are asking Albertson's to grant a private easement to a private individual using your governmental authority to do that and now having to broker the agreement. I don't think that is a reasonable. position to place the City in, I don't think it is a tenable position to place the City in. At this time I would request that the condition from the Certificate of Occupancy be removed and a permanent certificate of occupancy be issued. I would be glad to answer any questions that. I can. Corrie: Council, any questions at this point? Morrow. Mr. Mayor, 1 guess two things that I would like to ask of staff, Gary, bring us up to speed where his position is in terms of these negotiations. Maybe a brief history of how we got to this point by virtue of what the line was originally supposed to be. Secondly I note that Mr. Lovan does have a letter in the City requesting a tabling, I do note that he is here this evening and would like to have him address this issue also. Smith: Councilman Morrow, Mayor and Council, when the Albertson's store came in I think that ,there was some, for building, I think there was some discussion at that time about platting the property on which the store would be located on one lot and another lot ~nrould be set aside for another use. I can't remember alt of the things that transpired but I know we had discussions toward the end of the plan review for the building of constructing a sewer line across the Albertson's property to serve Lovan's. There was because of the lateness of that request in accordance of where- the plans were in the review process, Albertson's rejected strenuously to that. 1 don't recall who was all I the meeting but representatives of Albertson's were there, their construction manager, their design chief, Mayor Corrie and myself and Bruce Freckleton arxi we agreed at that time that the 8 inch line would not be necessary to be extended to Lovan's. I did, I believe that is what happened, I don't know if Mayor Corrie and remember those circumstances or consequences of that meeting or not. But subsequent to that it was determined that there really needed to be a sewer and water line extended to Lovan's because they had no access to sewer and water service other than digging up Cherry Meridian City Council` January 21, 1997 Page 47 Lane Road which was just recently paved and the Highway District was not going to allow that for five years. So Albertson's did agree to extend service lines from what they had built for their store to Lovan's property line, his east property line which would be Albertson's west property line. They did do that, consequently, they constructed a 6 inch sewer to their west property line they constructed an inch and a half water service to their west property line which again is Lovan's east property line. I think the Council meeting Mr. Mollerup refers to where I suggested that the City didn't need to be involved in the easements for these lines because they were not city lines they were service. lines because of their size, their diameters. They were technically considered service lines and we don't maintain service lines. On October 15th I received some documentation that, well Mr. Lovan brought it into my office and left it with me that he had apparently received from Albertson's. One was a grant of water and sanitary sewer easements and maintenance agreement. Another agreement was a conditional declaration of restrictions and grant of easements. I transmiited these documents to a copy to Wayne Crookston and a copy to Walt Morrow on October 15th. Since that time I don't think I have heard anything. I could be wrong but I don't have record. Morrow: So there has been no further information coming to you concerning. Smith: No, I haven't had anything since that document was brought to my office late in the afternoon on October 15th, because I remember we were just shutting lights off or getting close to it and Mr. Lovan brought them in. Then I just asked the question, I guess it was last Council meeting what the status was because I really hadn't heard anything. To the best of my memory the events that transpired at the beginning are the best of my memory, Albertson's representatives are here tonight and they can add to or delete there from. Morrow: Quick question Gary, in terms of the original proposal that was presented to us as a Council was a two lot subdivision or a 2 lot user, they had a site for an Albertson's store, they had a site for a future store or a future expansion or a future user, was that correct? Smith: Yes Morrow. And then based on our ordinances that were applicable to that particular design they would be required to extend water and sewer to and through the parcel of property to the next piece of property is that correct? Smith: That is my interpretation yes. Morrow: Have we ever had anything from Albertson's that indicated that. they abandoned the two lot application? Meridian City Council January 21, 1997 Page 48 Smith: I don't believe I have seen anything in writing that it was abandoned, it just kind of went away, it hasn't been pursued at this point. I don't know what the status of that other piece is. Morrow: So is it possible for that other piece to be a marketable piece of property and an expansion occur on that property? Smith: Well I would assume that if it was under the ownership of Albertsons and that the property or the building was -not sold to another party that the answer to your questions is yes they could proceed with construction as long as it met the zoning criteria and they obtain a building permit. If however they wanted to sell a piece of ground for the construction of a building under ownership other than Albertson's then it would need to be platted. Morrow. Thank you, my next question would be for Mr. Lovan. Mollerup: First of all Gary is right, the lines were put in; the size of the lines were put in with City Approval, there was a meeting on May 9th regarding the City and there was a field order on July 11th regarding the 1 '/z inch water line. I don't mean to, I didn't mean to discount the conditional declaration that we sent as well, but I want to be clear is we have two issues here. We have a building of a store and (inaudible} and we have the potential subdivision to sell off the westerly side of the property. Now as I understand it those .plans of Albertson's are now on hold. I am trying to get the certificate of occupancy today, we did send the conditional declaration which establishes some use restrictions and cross easement agreements to Mr. Lovan in the same package. The letter did state that was a preliminary plat, that was a plat issue only, it didn't have anything to do with the certificate of occupancy issues. The two were not connected. We simply would like to, probably if we are going to make the deal with Mr. Lovan we would just like to do all of it if in the event we are going to subdivide. But that is not an issue of the certificate of occupancy. The Council made that very clear on September 3`d. It may be an issue and will be an issue both with the Council and Ada County Highway District if we can proceed with the plat. Morrow: I understand that Mr. Mollerup, the point of my question to Mr. Smith was essentially Albertson's caused the problem, it is my understanding were these lines not in the ground or under construction and that the six inch issue came from a mistake on a plan review because the original submittal was an 8 inch issue and it was a to and through issue and then there was a submittal of working documents by Albertson's construction documents that called for a six inch line that got overlooked by our staff and they were in fact under construction when the stop work order issues were put forth. Does my memory serve me correctly in terms of some of that? Smith: Councilman Morrow, I don't recall exactly what the status of construction was, I do recall that the six inch line was shown and during one our reviews we came back Meridian City Council January 21, 1997 Page 49 with a request for an 8 inch line because of the extension west. I just don't recall where one was in relation to the other and the aduat construction that was going on out there if it indeed started. I don't know that it even started, I think they had a schedule to start that was one of the problems and were wrestling with this sewer line issue. That precipitated this meeting that Mr. Mollerup referred to earlier that we sat down with the Albertson's because they were quite upset that we were wanting to change things at that late date in the game so to speak on the sewer line and it was going to mess up their construction schedule and their opening of the store which was of a significance in the Albertson's food chain number wise. I just don't recall the timing of the two. Morrow: Very fine, at any rate, there are two different issues here, one of ahem is we need to deal with the occupancy certificate issue. I do want to hear from Mr. Lovan in terms of his position then press on from there. Mollerup: One comment though, the original specifications for the eight inch (inaudible) Mr. Smith called for eight inch at the store and only a four inch over to Mr. Lovan's property. Smith: Yes that is correct. Morrow: (Inaudible) at the eight inch deal it was a City Smith: It would have been a city owned and maintained line as an 8 inch line and Albertson's was having a problem with that having someone else involved in their property with an easement. That could cause a problem with access to their store by the people buying groceries which was understandable. Lovan: I really did not come here prepared to do this. I did ask. for a postponement until next Council meeting. So I could- have my counselor here. It is difficult for me also to put everything together in the right sequence. In the P & Z zoning Mr. Smith told Albertson's at that time that they would put in a sewer line to and through to Mr. Lovan. I was also lead to believe that it would be maintained by the City. Right at this point I would really and truly like to have this thing postponed until next week until the fourth of February until I do have-some legal counsel here. There have been many, many things here that. has happened. I personally have- been doing business with Albertson's for many years, my company does business with them. I have never had any problems with them. The restrictive use permit, the restrictive use agreements that they sent to me kind of floored me. It was also sent along with the agreement to go ahead and sign and do all these other things as far as the sewer was concerned. Frankly f don't think it was up to them to tell me what I could do with my property, who I could sell it to or anything else.- That is up to me and the agreement of the City Council. So with that I would really and truly like to table this motion until the fourth of February and give my Counsel a chance to look over and see what it is all about. I discovered this late this afternoon, when I called in to see what the agenda was. I have been kind of expending Meridian City Council January 21, 1997 Page 50 of it but I thought maybe I would be notified. Albertson's has never contacted me to talk with me. I know I told Mr. Manweiler when I received the last document from them along with the restrictive uses I said just go and ask them and tell them that I am ready to sign those two papers and all they have to do is come and bring money. And that is (inaudible) Corrie: Come and bring money, you mean to buy your property? Lovan: Yes then they can do anything they want to do with it. Bentley: Mr. Mayor, Shari has a comment over there. Stiles: Mr. Mayor and Council, this is not related to the sewer easement, but it is related to the occupancy. We have had a problem with the lights causing glare and spilling over into the neighboring residential property. They have attempted to remedy that, but I still think they have a ways to go. It may be changing the type of fi7cture they have in there but it is very bright. I would equate it nearly to' the Chevron on Fairview. The individual that is having the particular concern has a two story home right on Cherry Lane and his bedroom. window is on the second story facing Chevy Lane. I know that they have gone out with some light meters but I think anybody walking down the street can tell that it is obviously spilling over into the residential properties and for that reason I have not signed off on the final occupancy. So I would just like to make you aware of that. I had asked the property owners to speak directly with Mr. Scott Edens of Albertson's, Mr. Ken Shelton is the one that is continuing to call and his last indication is that he has had several phone calls, messages left with him and had received no response. If you drive out there or at night you ~ might take a look at that. At this point I don't know what the remedy is. Morrow: Mr. Mayor, I have a couple of questions for Mr. Lovan, thank you Shari. Your attorney, neither you nor your attorney have met with the Albertson's counsel? Lovan: He has met with him on two or three occasions so I have been told. t tried to get a hold of this evening, in fact I did get a hold of him at his residency. He started to say something and we were lost in the confusion. I don't know if he talked to you this last week or not. He indicated that he had tried, like I said we got to talking (inaudible) and it was never finished. Morrow: I guess my question to you is that if there is a two week extension granted are you prepared to come to resolution of this issue over the next two weeks? Lovan: Yes, I do not expect to be treated any different than anyone else under these same conditions. What I was told in the beginning is a lot different than the way it finished up. I do kind of hate to be on the end of sewer line that belongs to somebody else other than City. I don't know if that is major concern or not. Meridian City Council January 21, 1997 Page 51 Morrow. Well I guess not being of legal counsel I think that is an issue for you and your attorney to discuss and then discuss that with-the Albertson's folk and come to some sort of resolution where you both can survive. Rountree: I have a couple of questions and I need to run this through. Your residence and parcel are in the City limits? Lovan: They are in the City limits they are zoned commercial. Rountree: How long has that been in place Wally? Lovan: For years and years, I don't know when it was first Rountree: Back as far as the 70's? Lovan: In the 70's I imagine. It was there when I bought the place. Corrie: You say it is commercial. Bentley: I have a question, how much land do you have there? Lovan: There is about an acre and a half. Bentley: My question, Gary, I guess you have to answer this, is what happens if he subdivides, where does the sewer come from? Smith: Councilman Bentley, right now the sewer would come from the service line that is existing in Albertson's parking lot. Bentley: If he were to subdivide it you would use that existing sewer with Albertson's having control? Smith: If he was going to subdivide as a residential? Bentley: No, if he was going to subdivide as commercial or would we go out to Cherry and tap in again? Smith: Well there isn't anything in Cherry to tap into. You would have to extend the sewer line from Ten Mile Road in Cherry Lane in order to get to his project or parcel without using the service line that has, been constructed across Albertson's property. Bentley: But for say a site of his size with going commercial and I realize it depends on what is there, would that line that is there now serve it a six inch line? Meridian City Council ~ ~' January 21, 1997 Page 52 Smith: Yes, to give you an example I think a four inch line has a drainage capacity of 283 fixture units, single family has bout 21 to 30 fixture units. So it would be equivalent on a four inch line equivalent to nine single family homes if you wanted to. 1 don't think anybody wants to do that but an eight inch line conservatively you can connect 450 singly family homes to. There is a six inch line installed so the volume of the pipe is proportionate to the diameter squared. So if you are working a 4 inch pipe with 16 versus the 6 inch pipe with 36 so a six inch pipe has more than twice the capacity of a four inch pipe. Bentley: Thank you Corrie: Other comments or questions from the Council? When is your occupancy permit up again? Mollerup: The occupancy permit was issued on November 7t'' on my calculation that. would end on February 5. Can I respond for a moment to the request to table? I understand that, it sounds like this is last minute and nobody is prepared. This is four months, documents. have been in Mr. Govan's possession and Mr. Manweiler's possession for four months. I have had one conversation in my office with Mr. Manweiler except for asking for comments. That conversation was not (inaudible) to the documents and offer to sell Mr. Lovan's property to Albertson's for $400; 000. I had one more phone conversation with him after that and a letter where we decline that. Albertson's is not in the real estate development they are in the grocery business. It felt a little bit about being extorted to be into the real estate business. 1 don't know what two more weeks is going to accomplish other than I am going to probably have some conversations with Howard Manweiler. But we have offered these same documents we have offered the City. I really hesitate and I am afraid to have a City Council meeting on the fourth when our certificate of occupancy runs out the fifth. I think we have been fairly patient so far. Morrow: I am sorry Mr. Mayor, Shari has a question or a comment. Your point in terms of the lighting and the sign off on the occupancy is that what you were? Stiles: Right Mollerup: 1 read the occupancy as the easement being the only condition to it, am I wrong with that? Stiles: That is not correct, I have not signed off, I have only signed off on the temporary. Mollerup: But the only condition on the temporary, typed on the temporary is the easement. Meridian City Council January 21, 1997 Page 53 Stiles: I have never seen your temporary cert~cate, I wasn't aware that you would get a 30 day temporary and then an additional 90 day temporary. I thought the total was for 90 days. Mollerup: I am sure that Albertson's can deal with the lighting, problem but I am not sure, I have a copy of (inaudible) Stiles: I can't say that I look at all of the final certificates of occupancy. Mollerup: Don't misunderstand, my question is a procedural question, is that a certificate of occupancy issue at this point or riot? I don't think that it is. Corrie: You are questioning about the lighting: Stiles: Yes it is, it is a zoning issue that has n®t been resolved. Morrow. I think the issue with temporary occupancies is that in order to convert temporary to permanent you have to satisfy all of the conditions of all of the approvals in terms of the UBC, all of the staff conditions and all of the code conditions, electric, P & Z, ACRD and so on and so forth. The temporary occupancy once it is converted has to have the signature of all of those department heads or of alf of those entities that may be applicable in the project. If there is a condition that has not been satisfied and you are operating on a temporary before y®u can get the signature of the P & Z departments that condition has to be satisfted. In this case before Shari would convert to permanent occupancy. Yes, there are a whole bunch of conditions that apply, temporary simply allows a commercial entity fo open and run while it is satisfying ail of the conditions to convert to permanent. So there could be beside the easement issue there could be other issues out there that have not been resolved. Mollerup: I just thought that all of the construction issues had been taken care of in the first thirty days before the 90 day was issued. Stiles: Is my signature on the 90 day certificate? Mollerup: No, Gary's Stiles: Under Planning and Zoning? Mollerup: No, there is no signature under Plar~ing and Zoning. Corrie: It looks like we have got, evidently ths~e are two things, one is the lighting we need to take care of and the other is either getting the negotiations done at this point. Meridian City Council January 21, 1997 Page 54 Crookston: Mr. Mayor, I would not want anybody to be misled in any fashion, when the Mayor said only two issues. It is everything that is required for a permanent certificate of occupancy that has to be met. I don't know what all of those are, but it is not necessarily the two issues. Morrow: Mr. Mayor, I would like to respond, I think that there is some difference here and I did read the document that Gary alludes to on October 15th, very candidly Mr. Mollerup, Albertson's may not be in the real estate development business but by virtue of what I remember about that document they are certainly in the real estate control business. If I had ,been the owner of the parcel I would not have signed that document and consented to those controls being exerted over my property. I would. have pursued negotiation to get to some reasonable point and then gotten the issue resolved. Now obviously where we are at now those negotiations haven't gone on. Mollerup: They haven't started even. Morrow: And I think that is a fair statement. What I am' suggesting from my position on the Council is that ,the next two weeks they had best get started and completed because given the fact that all of the other conditions of the occupancy certificate have been met and our staff s are willing to sign off on all of their spaces. If there is not a conclusion between Mr. Lovan and Albertson's that is fair to both parties then at that juncture we will deal with something else. My tendency or my belief is that we ought to be getting (inaudible) and getting the thing resolved. But it has to be a fair resolution. Mollerup: We agree it has to be a fair resolution, I take issue somewhat in your comment on the restrictions. Those are fairly standard commercial restrictions. At the time Howard made the offer to sell to us Howard made some comment about the restrictions. My comment was tell me which ones you don't like we will work with you. Never heard another word. Morrow: What I am suggesting to you is that my advice to Mr. Lovan is that he had better get to work with you. Mollerup: I just don't want to be here and waiting for the other shoe to fall forever Some time we have to reach some closure on this issue. Morrow. We are in agreement. Baldner: I am a surplus property representative with Albertson's and I spoke with you last time. I guess I am somewhat confused,. we were here four months ago with this same issue. And Councilman Morrow has asserted that it was Albertson's fault that this line was the way it was. Frankly I guess we disagree with that, the City Engineer specked that out to us we built what the City Engineer told us to built. If Mr. Lovan has a problem with that then perhaps his issue is with the City. My concern then and my Meridian City Council January 21, 1997 Page 55 concern now is that we have an investment of roughly $5 to $7 million there that is dangling pending resolution of this issue. I stated that concern last time. I said specifically I didn't want anyone holding us hostage. I was assured that would not happen, I was told by Mr. Morrow, Mr. Rountree also interjected at that point and said we certainly don't want someone to have the upper hand in these negotiations. And specifically on the record that night it was reflected that if these easements were good enough for the City they were good enough for Mr. Lovan. Frankly some of the Council members didn't understand what there was to negotiate about. Nonetheless in the spirit of cooperation we moved forward and attempted to negotiate with Mr. Lovan. I spent $3000 in attorney fees on behalf of Albertson's trying. to come to a resolution of this issue. No answer except for if you don't like. dealing with me buy my property for $400,000. The. issues with the conditional declaration, as we said the last time and it is reflected on the record all relate specifically to an access easement, have nothing whatsoever to do with the sewer and water easements. They are two separate issues, the cover letter sent by my attomey reflected that. To argue now that is the reason to hedge on one or the other issues is nonsensical. Frankly Albertson's has gone to a great deal of time and expense over an issue which we certainly don't think we are at fault. It is not necessarily an issue of fault. but the City Engineer told us build the six inch line and we built it. Once we built it we were told by the City six inch line is too small we can't take it as a public easement to give it to Mr. Lovan. At no point have we raised the issues of now we have an easement running across private property for which we have never been paid. Furthermore it runs to the benefit of a third party private individual. That has to at least approach the outer limits of the City's .takings power and at a minimum compensation v~rould have to be paid. In short in the next two weeks my $5 to $7 million investment dangles out there and there is no further direction. I think we have shown evidence that when the City enters into the fracas with private parties and since Albertson's doesn't get their CO until this issue is resolved then the gun is to our head and that is where we still are. I guess specifically I am uncertain why the representations that were made to us last time have not been honored. We offered him the easement that we would have given to the City, no response was given. Mr. Lovan, we can't deal with him personally he has an attorney. I am sorry that they don't communicate one to the other what else can we do. To table this motion at this point is just to give Mr. Lovan another two weeks to put the gun to our head. I think the issue needs closure simply put. There are a lot of issues that we could raise to contest this thing and frankly that is to the point it is getting. In the spirit of cooperation has to stop at some point. How much more money do I have to spend, what do I have to give up. Do I have to give him the sewer lines for free, do I have to pay him to take an easement to run sewage across my property an easement for which no one has ever paid me. What is the next step? That is the position of Albertson's, really, frankly I don't know what else we can give and in the two week period all we are forced to do is knuckle under and start writing checks. If that is the way we have to do business I think that is unacceptable. Corrie: Council, any comments? Meridian City Council January 21, 1997 Page 56 Morrow. My comment would be, you and I have totally different, (inaudible) up to the very beginning. Very candidly I felt that Albertson's was outside the bounds here. I think that the issue got started because of a technicaGity, there was a great effort made on the part of the City. The extension, the temporary that we granted is until the 5~' of February. We don't need to deal with the issue as a Council until the Fourth of February if we are going to do a Council measure. Very candidly from my personal standpoint I am a stockholder in Albertson's I felt from the beginning when Gary Smith started corresponding with me that Albertson's was outside the bounds of what had originally been approved and had been intended to be approved by the City Council as it was presented to us. I understand all of your arguments but I disagree with you. I think from our perspective it is an issue here of trying to get to what is fair for Mr. Lovan. When we address the issue in terms of easements in my mind the easements didn't include all other conditions, it is a simply th~g~, take care of the easemers in terms of the sewer line, it doesn't have anything to do with all of these other issues. When Mr. Lovan presented those documents to Gary and myself and I reviewed them my comment was is that I wouldn't sign those either, I would agree to that. So as I recall in our last presentation when you were before us there was never any discussion of a broad amount of conditions. It was simply dealing with the easement to get the easement issue resolved and then (End of Tape) Baldner: (Inaudible) which is where those restrictions arise. Mr. Manweiler, Mr. Lovan's attorney is fully apprised. The record reflects that we said here are your utility easements and then the issue with the plat is the aoress and if we give the access we want the restrictions. Two separate issues, this is the one that relates to our occupancy. I appreciate the Council's desire to provide fairness to Mr. Lovan, I always think when you have a large company dealing with a private individual I think the scales of justice should perhaps tip in their favor. But who on the Council is going to speak what is fair for Albertson's. Is it fair for Albertson's to only have the response come buy my property for $400,000. That is not fair reasonable fair reasonable behavior. In terms of the dealings that we have right now we have given him what we would have given you and if that isn't enough I don't know what else is. The conditional declaration respectfully is a completely separate issue that relates. only to the plat that arises of an ACRD condition. If there is an issue with those thietgs they are completely separate they have nothing to do with the utility easements.. Mr. Manweiler is aware of that. I can't speak to whether Mr. Lovan is because I dafr~'t know what the status of the communications between the two was but they are separate. I guess I would again interject who on the Council at some point is going to say we have gone far enough to try and make sure the little guy has been taken care ~: He has an attorney who simply won't respond other than to communicate offers to self. Morrow: Well very candidly from my perspective until, right now I have never heard of these finro separate issues. I think that in the fairness of the Counsel for Albertson's and Mr. Lovan that Mr. Lovan and his attorney ought to in fact be here from the Council and Meridian City Council January 21, 1997 Page 57 my standpoint I want to see it closed and closed right away and if that is February 4`h then however the chips fall it falls on February 4"'. Baldner: I understand your position sir, I .guess the point is in the next two weeks the number of issues on which we will (inaudible) and I think that is untenable. So I guess I understand your position, I guess I am frankly seeking to get a different opinion from other members of the Council. Rountree: My opinion on this is that Albertson's I believe has taken a good faith effort and starting negotiations with Mr. Lovan. It doesn't appear as if there has been a good faith response and I would expect that in the next two weeks and if it doesn't occur then I would be inclined to say that the deal that was struck has been met. The issue to me are the issues related to zoning requirements that have to be met and those apparently have not all been resolved and that is an issue that t think you need to concentrate on. Baldner: Absolutely, that is something that we have worked with, we have property owners in the back that we have been addressing that issue with as well and Scott Edens is here if you have any specific questions or staff. But I think just because of that one condition out there that creates somewhat of a red herring and impetuous to allow the issue to drag on I think that condition can simply be moved at this state. And frankly if Mr. Lovan called us up tomorrow and said I onrill sign those easement agreements that you would have given the City we will da it. Frankly he is going to sell Phis off for commercial development at some point and there are perspective buyers out there that have contacted us directly saying we will live with all of these restrictions, we will live the sewer hook up. The only, there is no reason to assume that this is unacxeptable or will affect resale. Bentley: I too agree with Charlie, I think the effiort has been made and 1 think it needs to be consummated within the next two weeks. tf it is not then we will deal with it at the hearing. Baldner: I appreciate your time, are there any other questions? Corrie: No, I just had one comment, I don't know how the vote would go, but my comments to Mr. Lovan would be when you said give me the money and you can have it I hope that is not cut in stone for you bec~.rse if that is then you are not going to negotiate anyway. So I don't think it is but the comment was made give me the money and I will do it, so my suggestion would be to ~rork with them in the two weeks that you have got from what you are hearing here. Lovan: (Inaudible) Albertson's did present are with those documents it just kind of struck me wrong that they should not be tellierg me what 1 could do. I couldn't put a pharmacy in there, I couldn't put a bakery in there, I couldn't put a child care or well anything that had to do with the retail business. t couldn't put a doctor's office in there, I Meridian City Council January 21, 1997 Page 58 couldn't put most any other thing you want to say that they were trying to restrict me to. I don't know whether they were trying to use that as leverage to get me to sign the other document it is quite obvious that I have to have the sewer. Like I say, I don't really want the Council to treat me any different then they have not. treated everyone else. If it is going to cost me the $3000 why that is the way it is period. That is really not an issue, it is an issue of fairness with me. Morrow. Mr. Mayor, I want to make a comment here, I want everybody in this room to understand that there is no difference between my position, Mr. Bentley's and Mr. Rountree's position. I want this settled by the next time. Notwithstanding the perceptions of what is right and what is wrong. I think the onus here is upon yourself and your attorney to get it resolved over the next two weeks because very candidly at the end of the two weeks at least as far as this issue is concerned notwithstanding the other issues in terms of the occupancy certificate by virtue. of P & Z and the other folks. There will be a resolution from my perspective at the February 4th meeting. If you and your counsel have not made good faith effort you may not be very happy with the resolution. So, that is where I am standing at this particular point in: time, I don't think that is any different than what Mr. Rountree and Mr. Bentley have stated. That should be understood by Mr. Mollerup and the Albertson's folks, is that this issue is separate from the other issues that Shari has talked about but this one will be resolved on the 4th and the burden is upon you to get it resolved. Lovan: My last comment to Mr. Manweiler and the Albertson's legal is right there in the same building and it should be very easy for them to get together. Corrie: We need to have a motion to ,continue this discussion to the February 4th meeting. Bentley: Mr. Mayor, I move that we continue this discussion to the February .4th meeting. Rountree: Second Corrie: Motion made and seconded that we continue this to the February 4th meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: DEPARTMENT REPORTS: Corrie: Chief? Gordon: Just one issue, I was able to locate Mr. Tolsma, he hurt is leg today and that is the reason he is not here.