HomeMy WebLinkAboutAvest Limited Partnership CUPGRANT 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 & Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: July 11, 1995
TRANSMITTAL DATE: 6/20/95 HEARING DATE: 7/11/95
REQUEST: Conditional Use Permit to construct 6.000 sa ft multi tenant retail pad
BY: Avest Limited Partnership
LOCATION OF PROPERTY OR PROJECT: Lot 5. Block 1 of Avest Plaza
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
OTHER:
YOUR CONCISE REMARKS:
0 •
HUB OF TREASURE VALLEY
OFFICIALS
COUNCIL MEMBERS
WILLIAM G. BERG, Jr., City Clerk
A Good Place to Live
RONALD R.TOLSMA
JANICERYD
GARY D. SMITH, P.E. City Engineer
MAX YERRINGTON
ROBERT R
BRUCE D. STUART, Water Works Supt.
CITY OF MERIDIAN
WALT W. MORRROWW
MORROW
JOHN T. SHAWCROFT, Waste Water Supt.
P 3 Z COMMISSION
DENNIS J. SUMMERS, Parks Supt.
33 EAST IDAHO
JIM JOHNSON, Chairman
SHARI S. STILES, P & Z Adm.
MERIDIANIDAHO H3642
MOE ALIDJANI
KENNETH W. BOWERS, Fire Chief
,
JIM SHEARER
W. L. "BILL" GORDON, Police Chief
Phone (208) 888-4433 a FAX (208) 8874813
CHARLIE ROUNTREE
WAYNE G. CROOKSTON, JR., Attorney
Public Works/Building Department (208) 887-2211
TIM HEPPER
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 & Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: July 11, 1995
TRANSMITTAL DATE: 6/20/95 HEARING DATE: 7/11/95
REQUEST: Conditional Use Permit to construct 6.000 sa ft multi tenant retail pad
BY: Avest Limited Partnership
LOCATION OF PROPERTY OR PROJECT: Lot 5. Block 1 of Avest Plaza
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
OTHER:
YOUR CONCISE REMARKS:
• 9431.08
CITY OF MERIDIAN
APPLICATION FOR A CONDITIONAL USE PERMIT
NAME: Avest PHONE: 853-3711
ADDRESS: 9647 Pebblebrook Lane, Boise, ID 83703
GENERAL LOCATION: Locust Grove/Fairview
DESCRIPTION OF PROPOSED CONDITIONAL USE: 6,000 sq. ft. multi -tenant
retail pad building
ZONING CLASSIFICATION: C . G .
PLAN: A plan of the proposed site for the conditional use showing the location of all
buildings, parking and loading areas, traffic access and traffic circulation, open
spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 35
copies). ,�%"_ _
Sit;' r/oi�App
LEGAL NOTICE OF PUBLIC HEARING
Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and
Zoning Commission will hold a Public Hearing in the Meridian City Hall on
at _.m. The purpose of the
Hearing is to consider a CONDITIONAL USE PERMIT submitted by
for the property generally described as located at
Avest Plaza SUBDIVISION, BLOCK 1 ,LOT 5
we]
JUN -16-1995 16:24 KATHLEEN WEBER
•
6-16-95
Meridian Planning and Zoning
33 West Idaho
Meridian, ID 83642
To Whom It May Concern:
0
208 376 2365 P.01
RECEIVED
J U N 16 1995
CITY OF MERIDIAN
This letter is to inform the Commission that, as stated in our
application for C.0 Permits for Pads #2 and #5 on the NE corner
of Locust Grove and Fairview Avenue, we will post the necessary
Affidavit on the property, one week prior to the public hearing
to be held on July 11th, 1995 at 7:30 at Meridian City Hall.
sincerely,
. 7�
, Y"
Kathleen K. Weber
G.P.
Executive offices: 600 North Maple Grovc Road Boise, Idaho 83704 (208) 376-8750
TOTAL P.01
JUN 16 '95 16:09 208 376 2365 PAGE.01
02/11/1994 05:06 1-208-343-4954 DAKOTA DEVELOPMENT PAGE 02
AFFIDAVIT OF LEGAL INTEREST
STATS OF IDAHO )
)19S
COUNTY OF ADA )
(name) (s Ores
6 c-� �, , being first duly sworn upon oath,
(city) (state)
depose and say:
1. That I am the record owner of the property described on the attached,
and I grant my permission to to submit the
accompanying application pertaining to that property.
2. 1 agree to indemnify, defend and hold City Of Meridian and its
employees harmless from any claim or liability resulting from any
dispute as to the statements contained herein or as to the ownership
of the property which is the subject of the application.
Dated this day of X76. A e. 1995
t
s gnature)
SUSSCRTSED AND SWORN to before C acidy first abo written.
Notary Public for Idaho
Residing at : �� /d o Sd4k
commission expires: &117
/? 7
my�
02/12/1994 05:50
Parcel Size:
1-208-343-4954
0
DAKOTA DEUELOPMENT
•
AVEST - FRED STAR PLAZA
Locust Grove a Fairview Avenue
Meridian, IdWw
Conditional Use Permit - Parcel #5
• 32,165 square feet
Building Size :
Use:
• 6,000 square feet with two drive through windows
PAGE 03
• The building will be developed as a multi tenant retail
building in which the individual tenants would be leased
space.
Possible Tenants:
Space #1 - Carry out/eat-in yogurt shop
Space #2 - Carry out pizza store
Space #3 - Carry out/eat-in coffee shop
Space #4 - Travel Agent
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RETAIL PAD PARCEL 5
W 4DAKOTA DEVELOPMENT
0 •
AVRST - FRED IMER PLAZA
Locust Grove a Fairview Avenue
Meridian, Idaho
Conditional Use Permit - Parce #5
Parcel Size:
• 32,165 square feet
Building Size :
Use:
• 6,000 square feet with two drive through windows
• The building will be developed as a multi tenant retail
building in which the individual tenants would be leased
space.
Possible Tenants:
Space #1 - CarrXge
-in yogurt shop
Space #2 - Carrza store
Space #3 - Carr -in coffee shop
Space #4 - Trav
64,1y da+��.��rfiih,J_dxn4114�IL slap
—JI—f- I -A
IRA M ADQWS,
RTi
DOVE MEADOWS
PROPOSED 'W
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'UBDIVISION -
C G
C-G
ti
Os
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.F9 _
FAIRVIEW AVENUE
F7 i
C -G
PLEASANT VALLEY SUBDIVISION
1�
SITE LOCATION
APPROXIMATE SCALE: 1'=300'
R
OD
'
HUB OF TREASURE VALLEY
COUNCIL MEMBERS
OFFICIALS
A Good Place to Live
RONALD R. TOLSMA
JANIC L.GASS,City Treasurer
JANICE L. GASS, City Treasurer
CITY OF MERIDIAN
MAXYERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
GARY D. SMITH, P.E. City Engineer
GARY
BRUCE D. STUART, Water Works Supt.
33 EAST IDAHOSHARI
STILES
JOHN T. SHAWCROFT, Waste Water Supt.
Planner & Zoning Administrator
KENNY W. BOWERS, Fire Chief
MERIDIAN, IDAHO 83642
JIM JOHNSON
W.L. "BILL" GORDON, Police Chief
Phone (208) 888-4433 • FAX (208) 887-4813
Chairman - Planning & Zoning
WAYNE G. CROOKSTON, JR., Attorney
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 & Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: January 3.1995
TRANSMITTAL DATE: 12/19/94 HEARING DATE: 1/10/95
REQUEST: Conditional Use Permit
BY: Avest Limited Partnership
LOCATION OF PROPERTY OR PROJECT: Northeast corner of Fairview Avenue
and Locust Grove Road
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
_CHARLES ROUNTREE, PIZ
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
OTHER:
YOUR CONCISE REMARKS:
DEC 2 r' I�S,4
CITY Gi� i IL" it -1 i. Ar&1'14
ARCHITECTS
BRS Architects, ALA.
1087 West River Street, Suite 160
Boise, Idaho 83702
Telephone 208 336-8370
Fax 208 336-8380
City of Meridian
33 E. Idaho
Meridian, ID 83642
Attn: Planning Department
Ms. S. Stiles
Dear Ms. Stiles:
•
December 13, 1994
Re: Conditional Use
Avest Property
BRS Project No. 9431.04
94115
As required by the recent annexation/rezone, and per our pre -
application meeting of November 22, the applicant, Avest,
respectfully requests Conditional Use approval to construct an
office/resident manager unit and a drive-thru banking
facility.
The office/resident manager unit is proposed for the
previously approved mini -storage complex. A 24-hour resident
unit provides for control of security, sound, traffic and
light for the facility, and it is an integral part of, and
accessory to, the approved use. This unit is proposed to be
located at the main entry to the mini -storage at the
southeasterly corner of the facility.
The Key Bank facility is proposed for the corner pad at Locust
Grove and Fairview. The 3,000 s.f. facility will include
drive-thru teller and ATM lanes and will be fronted by the
required landscape berming.
•
•
CITY OF MERIDIAN
APPLICATION FOR A CONDITIONAL USE PERMIT
NAME: A est Limited Partnershi PHONE; 376-8750
ADDRESS: 600 N. Maple Grove Road, Boise, iD 83704
GENERAL LOCATION: NWC Locust Grove/Fairview
DESCRIPTION OF PROPOSED CONDITIONAL USE: To provide 3,000 sq. ft.
drive-thru banking facility.
ZONING CLASSIFICATION: C. G _
PLAN: A plan of the proposed site for the conditional use showing the location of all
buildings, parking and loading areas, traffic access and traffic circulation, open
`
spaces,
landscaping, refuse and service areas, utilities, signs ards (submit 35
cop
of Applicant
LEGAL NOTICE OF PUBLIC HEARING
Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Plaming and
Zoning Commission will hold a Public Hearing in the Meridian City Hall on
at _.m. The purpose of the
Hearing is to consider a CONDITIONAL USE PERMIT submitted by
for the property generally described as located at
SUBDIVISION, BLOCK , LOT
TO
TOTAL P.03
0 •
City of Meridian Planning Dept.
December 13, 1994
Avest Property
Page 2
The attached documents support the proposed Conditional Use
requests mentioned above and provide for an integrated and
well planned development consistent with the recent
annexation/rezone and the Comprehensive Plan.
Should you have any questions and/or clarifications, please do
not hesitate calling.
BRS:cw
Encl.
cc: Avest - Roger Allen
Dakota Development - Tom Bauwens
Sincerely,
n
U
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
)ss
COUNTY OF ADA )
IRoger Allen 9647 Pebble Brook Lane ,
(name) (address)
Boise Idaho , being first duly sworn upon oath,
(city) (state)
depose and say:
iN
That I am the record owner of the property described on the attached, and
grant my permission to BRs Architects ,
to submit the accompanying application pertaining to that property.
I agree to indemnify, defend and hold Ada County and its employees
harmless from any claim or liability resulting from any dispute as to the
statements contained herein or as to the ownership of the property which
is the subject of the application.
Dated this 1-s day of
SUBSCRIBED AND SWORN to before me the day and year first above written.
Notary Public for I aho
Residing at
My commission expires:
AFFIDAVIT OF LEGAL INTEREST -1
h-mycbformsVanduse.docVeginter.aff
is
,.,u.F:
J.Ot:JI�
GRANT DEED RECORDED it
THIS INDENTURE made the 31st day of December, 19d4'31b1%Vm;R R(6dE- �.
ALLEN and VIRGINIA A. ALLEN, husband and wife ('Grantors' and AVEST LIMITED
PARTNERSHIP, an Idaho Limited Partnership, whose address is c/o Roger H. Allen,
6904 Randolph Drive, Boise, Idaho 83709 ('Grantee7;
WITNESSETH:
The Grantors, for and in consideration of the sum of Ten and No/100ths
Dollars, lawful money of the United States of America, and other good and valuable
consideration, to them in hand paid by the Grantee, the receipt whereof is hereby
acknowledged, have granted, bargained and sold, and by these presents do grant,
bargain, sell, convey and confirm unto the Grantee, and to its successors and assigns
forever, the following described real property situate in the County of Ada, State of
Idaho, to -wit:
REAL PROPERTY DESCRIBED ON 'EXHIBIT A' ATTACHED HERETO
SUBJECT TO: All encumbrances, liens, easements, covenants,
agreements, reservations and restrictions of record or visible upon a
physical inspection real property, and rights of tenants in possession.
TOGETHER WITH all and singular the tenements, hereditaments and
appurtenances thereunto belonging or in anywise appurtaining, the reversion and
reversions, remainder and remainders, rents, issues and profits thereof; and all estate,
right, title and interest in and to the said real property, as well in law as in equity,
of the said Grantors.
TO HAVE AND TO HOLD all and singular the above-described real property,
together with the appurtenances unto the said Grantee, and to its successors and
assigns forever.
IN WITNESS WHEREOF, the Grantors have hereunto executed this Grant Deed
as of the day and year first above written.
GRANT DEED -1
1589001'151
STATE OF IDAHO )
)- ss:
County of Ada )
On this IqG day of February, 1993, before me, the undersigned, a Notary
Public in and for said State, personally appeared ROGER H. ALLEN and VIRGINIA
ose
A. ALLEN, husband and wife, known or
and acknowledged tod to me to be the ementhathhey
names are subscribed to the foregoing
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
Notary Public for Idaho
Residing at Idaho �t�,�►Sf�
My Commission Expires: "1_
ILS89001 52
EXHIBIT A
(Legal Description of Real Property)
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 3 NORTH, nANGE I
EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO:
EXCEPTTHAT PORTION DEEDED TO THE STATE OF IDAI40 IN WARRANTY DEED DATED JULY 15, 1955
EXECUTED BY FLORA E. DOAN ANO GLEN G. DOAN. HER. HUSBAND, RECOn0ED AUGUST 1. 1955 UNDEn
RECORDER'S FEE NO. 600794, AS FOLLOWS:.
A STRIP OF LAND LYING SITUATE BETWEEN THE SOUTH LINE OF THE SOUTI•IWCST OUAnTER OF THE
SOUTHWEST QUARTER OF SECTION S. TOWNSHIP 3 NORTH, nANGE I EAST, BOISE MEnIDIAN. AND A
LINE PARALLEL TO AND 50.0 FEET DISTANT NORTHERLY FROM THE FOLLOWING DESCn18ED CENTEn
LINE OF HIGHWAY AS SURVEYED AND SHOWN ON THE OFFICIAL PLAT OF U.S. 30 • PROJECT NO. F-
3281 (5) HIGHWAY SURVEY ON FILE IN THE OFFICE OF THE DEPARTMENT OF HIGHWAYS OF THE
STATE OF IDAHO AND LYING OVER AND ACROSS THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER, EXCEPT THE EAST 10 FEET THEREOF, OF SECTION 5. TOWNSHIP 3 NORTH. RANu I EAST.
BOISE MERIDIAN.
BEGINNING AT STATION 71 PLUS 60.0 OF THE SAID HIGHWAY SURVEY, WHICH STATION IS A POINT QN
TANGENT APPROXIMATELY 21.2 FEET NORTH FROM THE SOUTHWEST CORNEn OF SECTION S.
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, THENCE
RUNNING SOUTH 89 58' EAST. 1327.2 FEET TO STATION 04 PLUS 97.0 OF SAID SURVEY, WHICH
STATION IS A POINT ON TANGENT APPROXIMATELY 10.0 FEET NORTH AND +327.2 FEET CAST FROM
THE SOUTHWEST CORNER OF SECTION 5, TOWNSHIP 3 NORTH, RANGE.1 EAST. BOISE MERIDIAN.
TOGETHER with a strip of land 10 feet wide along the West side of Cite Southeast
Quarter of the Southwest Quarter, Section 5, Townshtp 3 North, Range 1
East of the Boise Meridian, for the purpose of building a county road.
END OF LEGAL DESCRIPTION.
EXHIBIT A - Page 1 of 1
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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 & Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: ,January 3, 1995
TRANSMITTAL DATE: 12/19/94 HEARING DATE: 1/10/95
REQUEST: Conditional Use Permit
BY: Avest Limited Partnership
LOCATION OF PROPERTY OR PROJECT: Northeast corner of Fairview Avenue
and Locust Grove 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
OTHER:
YOUR CONCISE REMARKS:
0
•
HUB OF TREASURE VALLEY
OFFICIALS
COUNCIL MEMBERS
A Good Place to Live
RONALD R. TOLSMA
G.Clerk
WILLIAJANICE
MAX YERRINGTON
Treasurer
City Treasurer
L. ASS, City
WILLIEL.
CITY
OF MERIDIAN
ROBERT IE
GARY D. SMITH, P.E. City Engineer
MD. RR W
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 Chief
MERIDIAN, IDAHO 83642
W.L. "BILL" GORDON, Police Chief
JIM JOHNSON
WAYNE G. CROOKSTON, JR., Attorney
Phone (208) 888-4433 • FAX (208) 887-4813
Chairman - Planning & Zoning
Public Works/Building 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 & Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: ,January 3, 1995
TRANSMITTAL DATE: 12/19/94 HEARING DATE: 1/10/95
REQUEST: Conditional Use Permit
BY: Avest Limited Partnership
LOCATION OF PROPERTY OR PROJECT: Northeast corner of Fairview Avenue
and Locust Grove 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
OTHER:
YOUR CONCISE REMARKS:
,-
ARCHITECTS
BRS Architects, A.I.A.
1087 West River Street, Suite 160
Boise, Idaho 83702
Telephone 208 336-8370
Fax 208 336-8380
City of Meridian
33 E. Idaho
Meridian, ID 83642
Attn: Planning Department
Ms. S. Stiles
Dear Ms. Stiles:
•
December 13, 1994
Re: Conditional Use
Avest Property
BRS Project No. 9431.04
94115
As required by the recent annexation/rezone, and per our pre -
application meeting of November 22, the applicant, Avest,
respectfully requests Conditional Use approval to construct an
office/resident manager unit and a drive-thru banking
facility.
The office/resident manager unit is proposed for the
previously approved mini -storage complex. A 24-hour resident
unit provides for control of security, sound, traffic and
light for the facility, and it is an integral part of, and
accessory to, the approved use. This unit is proposed to be
located at the main entry to the mini -storage at the
southeasterly corner of the facility.
The Key Bank facility is proposed for the corner pad at Locust
Grove and Fairview. The 3,000 s.f. facility will include
drive-thru teller and ATM lanes and will be fronted by the
required landscape berming.
DEC -13-1994 00:41
QVI
ROGER H. ALLEN
11
•
CITY OF MERIDIAN
APPLICATION OR ACONDITIONAL USE PERMIT
600 N. Maple Grove Road, Boise, ID 83704
P.01
376-8750
GENERAL LOCATION: DNWC Locust Grove/Fairview
DESCRIPTION OF PROPOSED CONDITIONAL USE: To provide 3,000 sq. ft.
drive-thru banking facility.
ZONING CLASSIFICATION: C.G.
PLAN: A plan of the proposed site for the conditional use showing the location of all
buildings, parking and loading areas, traffic access and traffic circulation, open
sTaees, landscaping, refuse and service areas, utilities, ci
copies). gar (submit 35
Of Applicant
LEGAL NOTICE OF PUBLIC HEARING
Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian PiaMiug and
ZOniOg COmn fission will hold a Public Hearing in the Meridian City Hall on
at ` �. m, The purpose of the
Hearing is to consider a CONDITIONAL USE PERMIT submitted by
for the property generally described as located at
SUBDIVISION, BLOCK LOT
TO
TOTAL P.03
r�
u
City of Meridian Planning Dept.
December 13, 1994
Avest Property
Page 2
The attached documents support the proposed Conditional Use
requests mentioned above and provide for an integrated and
well planned development consistent with the recent
annexation/rezone and the Comprehensive Plan.
Should you have any questions and/or clarifications, please do
not hesitate calling.
BRS:cw
Encl.
cc: Avest - Roger Allen
Dakota Development - Tom Bauwens
Sincerely,
I
E
STATE OF IDAHO )
)ss
COUNTY OF ADA )
•
AFFIDAVIT OF LEGAL INTEREST
1, Roger Allen , 9647 Pebble Brook Lane
(name) (address)
Boise Idaho , being first duly sworn upon oath,
(city) (state)
depose and say:
1. That I am the record owner of the property described on the attached, and
I grant my permission to BRS Architects
to submit the accompanying application pertaining to that property.
2
I agree to indemnify, defend and hold Ada County and its employees
harmless from any claim or liability resulting from any dispute as to the
statements contained herein or as to the ownership of the property which
is the subject of the application.
-94
Dated this 13 1 day of
SUBSCRIBED AND SWORN to before me the day and year first above written.
Notary Public for I aho
Residing at ` _ Z D
My commission expires:
AFFIDAVIT OF LEGAL INTEREST -1
h-mycbformsllanduse.docUeginter.aff
I
GRANT DEED
RECORDEF: 8�
THIS INDENTURE made the 31st day of December, 19�43119&;R RdMbl
ALLEN and VIRGINIA A. ALLEN, husband and wife ('Grantorsl and AVEST LIMITED
PARTNERSHIP, an Idaho Limited Partnership, whose address is c/o Roger H. Allen,
6904 Randol In Drive Boise Idaho 83709 ('Grantee')•
F, ' ' 1589001-50
WITNESSETH:
The Grantors, for and in consideration of the sum of Ten and No/100ths
Dollars, lawful money of the United States of America, and other good and valuable
consideration, to them in hand paid by the Grantee, the receipt whereof is hereby
acknowledged, have granted, bargained and sold, and by these presents do grant,
bargain, sell, convey and confirm unto the Grantee, and to its successors and assigns
forever, the following described real property situate in the County of Ada, State of
Idaho, to -wit:
REAL PROPERTY DESCRIBED ON *EXHIBIT A' ATTACHED HERETO
SUBJECT TO: All encumbrances, liens, easements, covenants,
agreements, reservations and restrictions of record or visible upon a
physical inspection real property, and rights of tenants in possession.
. TOGETHER WITH all and singular the tenements, hereditaments and
appurtenances thereunto belonging or in anywise appurtaining, the reversion and
reversions, remainder and remainders, rents, issues and profits thereof; and all estate,
right, title and interest in and to the said real property, as well in law as in equity,
of the said Grantors.
TO HAVE AND TO HOLD all and singular the above-described real property,
together with the appurtenances unto the said Grantee, and to its successors and
assigns forever.
IN WITNESS WHEREOF, the Grantors have hereunto executed this Grant Deed
as of the day and year first above written.
GRANT DEED -1
_ _"MIMMMMMP 9PIM .
. •1589001:53
STATE OF IDAHO
ss:
County of Ada )
On this 15G day of February, 1993, before
ROGER a undeeEN nand a NotA
Public in and for said State, personally appeared
A. ALLEN, husband and wife, known or identified to me to be the persons whose
names are subscribed to the foregoing instrument and acknowledged to met hat they
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
.�
Notary Public for Idaho
Idaho
Residing at �Zw�t yR-
y ' My Commission Expires• 't- A'3
,jS.EAQ' t_ �
r.RANT DEED - 2
• 1589001:52
EXHIBIT A
(Legal Description of Real Property)
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1
EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO;
EXCEPTTHAT PORTION DEEDED TO THE STATE OF IDAI40 IN WARRANTY DEED DATED JULY 15, 1955
EXECUTED BY FLORA E. DOAN ANO GLEN G. DOAN. HER HUSBAND, RECOr11)ED AUGUST 1. 1055 UNDER
RECORDER'S FEE NO. j00794, AS FOLLOWS:
A STRIP OF LAND LYING SITUATE BETWEEN THE SOUTH LINE OF THE SOUTHWEST OUARTER OF THE
SOUTHWEST QUARTER OF SECTION S. TOWNSHIP 3 NORTH. RANGE I EAST, BOISE MERIDIAN, AND A
LINE PARALLEL TO AND 50.0 FEET DISTANT NORTHERLY FROM THE FOLLOWING DESCRIBED CENTER
LINE OF HIGHWAY AS SURVEYED AND SHOWN ON THE OFFICIAL PLAT OF U.S. 30 • PROJECT NO. F.
3281 (5) HIGHWAY SURVEY ON FILE IN THE OFFICE OF THE DEPARTMENT OF HIGHWAYS OF THE
STATE OF IDAHO AND LYING OVER AND ACROSS THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER, EXCEPT THE EAST 10 FEET THEREOF, OF SECTION 5. TOWNSHIP 3 NORTH. RANGE I EAST,
BOISE MERIDIAN.
BEGINNING AT STATION 71 PLUS 69.8 OF THE SAID HIGHWAY SURVEY, WHICH STATION IS A POINT ON
TANGENT APPROXIMATELY 21.2 FEET NORTH FROM THE SOUTHWEST CORNEn OF SECTION S.
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, THENCE
RUNNING SOUTH 89 58' EAST, 1327.2 FEET TO STATION 04 PLUS 97.0 OF SAID SURVEY, WHICH
STATION IS A POINT ON TANGENT APPROXIMATELY 13.0 FEET NORTH AND 1327.2 FEET EAST FROM
THE SOUTHWEST CORNER OF SECTION 5, TOWNSHIP 3 NORTH, RANGE.I EAST, BOISE MERIOIAN.
TOGETHER with a strip of land 10 feet wide along the West side of the Southeast
Quarter of the Southwest Quarter, Section 5, Township 3 North, Range 1
East of the Boise Meridian, for the purpose of building a county road.
END OF LEGAL DESCRIPTION.
EXHIBIT A - Page 1 of 1
W&H PRCIFIC
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W&H PRCIFIC TEL:208-342-5353 Dec 15,
• •
A VEST PLAZA SUBDIVISION
LOCATED IN THE SW 1/4 OF THE SW 1/4 AND THE WEST 10 FEET OF THE
SE 1/4 OF THE SW 1/4 OF SEC77ON 5, T 3 N, R 1 E, 8M, ADA COUNTY.
—7HE INTENDED USE IS COMMERCIAL AND GENERAL RETAIL—
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MAR -30-1995 13:32 QUADRANT CONSULTINGo
MEETING MINUTES it Quadrant
Consulting. Inc.
Date: 3:00 PM, Monday, March 27, 1995
Location: Meridian City Hall
Re: Drainage - South Half, Section 5, T3N, RIE, BM, City of Meridian, Idaho
Attendees: John Anderson (NMTD), Jim Aschenbrenner (Farmer), Mr. Aschenbrenner, Sr. (NMID
Board), Tom Bauwens (Dakota Development/AVEST Parcel), Don Bryan (Land Owner),
Craig Callaham (Quadrant Consulting/AVEST Parcel), Dorrell Hansen (ACHD), Dave
Marks (Tealey's's Land Surveying/Dove Meadows), Frank McCrady (Capital Christian
Center), Jim Merkle (Hubble Engineering(Lotridge Parcel), Walt Morrow (City of Meridian),
Gary Smith (City of Meridian),Steve Sweet (Quadrant Consulting/AVEST Parcel).
Distribution: Attendees, Mayor Kingsford (City of Meridian), Roger Allen (AVEST), Dave Husk (Fred
Meyer). Bill Guevremont (Soderstrom Architects)
The meeting kicked off with introductions. Gary Smith, Meridian City Engineer, then led the discussion
with a general description of the irrigation return flow (i.e., waste flows), drainage and irrigation situation
in the subject area. Generally, the existing system was described by Gary as a system of inadequately sized
open drainage ditches and some piping (of apparently adequate capacity to handle waste flows).
Performance of the system is impacted by the deposition of water -borne silt when !lows transition from
piped to ditched conveyances. (The example discussed was the current deposition of silt on Ewing's
property.)
Councilman Morrow stated that in his opinion Don Bryan's place is being flooded and Aschenbrenner is
being damaged by the performance of the existing system. He further stated that Meridian has intended to
issue constructive notice if the drainage system is not operating properly by April 15, 1995. Finally, the
city's position is that the cost of the solution will not be the sole responsibility of the AVEST project as the
problem is being caused primarily by properties from the Shoshone Center upstream.
Jim Aschenbrenner described the JMK irrigation system. Areas irrigated by Aschenbrenner include the
SE'/ of the SE'/4 of Section 5 (the 80 acre parcel at the NW corner of Eagle Rd. and Fairview Ave.) plus
ground to the east of Eagle Road along Fairview Ave. Aschcnbrenner's best estimate of maximum irrigation
runoff due to his agricultural practices on these lands is 300 (miners) inches. (Note: 1 miner's inch = 9.05
gal/min.) [Three hundred miner's inches (Idaho units) equals 2,716 gal/min = 6.05 ft/sec.]
Aschenbrenner also stated his intention to excavate silt basins before irrigation season on the downstream
end of his agricultural operation. This should help alleviate downstream problems.
John Anderson initiated a discussion on the Jackson Stub, including the fact that the NMID's most westerly
jurisdiction on the Stub extends from the Jackson Drain westerly to the right-of-way for Locust Grove Road.
The NMID claims no jurisdiction either under the Locust Grove right-of-way or to points easterly of the r/w.
The NMID has concerns regarding the current capacity of the Stub and will resist any efforts to add
additional flow in the future.
A round -house discussion followed on the history of irrigation and drainage in the area, including the
Jackson Stub and areas which drain into the Stub. A brief discussion ensued concerning the 5 acre parcel
immediately west of locust Grove and immediately south of the Stub. By the account of Bryan, the owner
405 S. Bth Street, Ste. 295 • Boise, ID 83702 • Phone (208) 342-0091 . Fox (208) 342-0092 • Internet; quodront®mlcron.net
Civil Englneering . Surveying • Construction Management
MAR 30 195 13:32 208 342 0092 PAGE.01
MRR-30-1995 13=33 QURDRRNT CONSULTING,
MEETING MINUTES «�iC
March 27, 1995
Drainage
of the property moved out in 1992 and the property has not been irrigated since. Mr. Aschenbrenner, Sr.
also mentioned that it was his impression that under a previous arrangement during development of Chateau
Meadows (Blaser), this landowner had his delivery re-routed from the north through Chateau Meadows.
Delivery of irrigation water to Ewing and the Shoshone Center was also discussed. The opinion of the
NMID was that since the Shoshone Center property was greater than 5 acres, the property would not be
excluded from the NM1D roles and delivery to the property would remain as a District requirement.
Drainage provisions for the property would also be required. Details were left to be worked out by the
owners of Dove Meadows and the Shoshone Center.
The last general topic discussed was the status of the drain and delivery feed at Bryan's property. AVEST,
within the last two weeks, has cleaned the ditch in front of Bryan's property and relocated the waste ditch
away from his southerly property line. In the opinion of both Bryan and J. Aschenbrenner, the temporary
ditch will work properly. Both gentlemen were also of the opinion that the 15 inch diameter corrugated
metal pipe under Bryan's driveway was adequate to handle any anticipated waste flows.
The meeting concluded with a summary by Councilman Morrow. The summary was as follows:
1. To the best of the knowledge of the parties involved, the 15 inch diameter CMP under Bryan's
driveway and frontage is adequate to handle waste flows.
2. The temporary drainage ditch installed by AVEST should function properly in keeping waste flows
from flooding Bryan's property.
3. In light of Items 1 and 2 above, the short-term problem is solved.
4. In the long-term, AVEST will cooperate with the city of Meridian in developing a solution on the
drainage (waste and storm) situation.
5. The developers of Dove Meadows will work with AVEST in the routing and sizing of waste flow
lines.
Following review of these minutes, please inform Quadrant Consulting of any significant deviations from
your recollection of the events at your earliest possible convenience. Unless notified prior to Tuesday, April
4, 1995, the minutes as prepared herein will be submitted to Council on April 4, 1995.
Filename: shs:c:\I tang\101 o1\waste wl.min
MAR 30 195 13:32 206 342 0092 PAGE.02
MAR-30-1995 13:33 QUADRANT CONSULTING+ INC.
208 342 0092 P.0310.5
MEETING MINUTES QC
March 27, 1995
Drainage
DISTRIBUTION
Fax: John Anderson (NMID) - 888-9859
Mr. Aschenbrenner, Sr. (NMID Board) - 888-9859
Roger Allen (AVEST) - 853-3633
Tom Bauwens (Dakota Development) - 343-4954
Dorrell Hansen (ACRD) - 345-7650
Dave Husk (Fred Meyer) - 1-503-797-3539
Bill Guevremont (Soderstrom Architects) - 1-503-273-8584
Mayor Kingsford (City of Meridian) - 887-4813
Dave Marks (Tealey s Land Surveying/Dove Meadows) - 385-0696
Jim Merkle (Hubble Engineering/Lotridge Parcel) - 378-0329
Walt Morrow (City of Meridian) - 888-9936
Gary Smith (City of Meridian) - 887-4813
Mail: Jim AschenbrenneT
Don Bryan
Frank McCrady (Capital Christian Center)
F'ilenamo; sln.c;\1 mmp�lOt�b Ol\wask wl.mio
MAR 30 195 13:33
TOTAL P.03
208 342 0092 PAGE.03
HUB OF TRE4SURE VALLEY
Maya
ROBERT D. CORRIE A Good Place to Live
Council Mere" CITY OF MERIMAN
CHARLES ROUNTREE 33 EAST IDAHO
GLENN BENTLEY MERIDIAN, IDAHO 83612
RON .ANDERSON Phone (208) 388-4433 - Fax (208) 387-4813
KEITH BIRD
FACSIMILE COVER SHEET
FAX - i•0
•
TITLE/DEPARTMENT:
LEGAL DEPARTMENT
(=03)834-1261
PUBLIC WORKS
BUILDING DEPARTMENT
(203)837-22II
PLANNING ,AND ZONING
DEPARTMENT
(208)334-5533
DATE: q-,37- q9
CONFIDENTIAL: YES NO
TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): S
FROM . CITY OF MERIDIAN - FAX NUMBER: (208) 888-4218
NAME:
TITLE/DEPARTMENT:
COMMENTS:
PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS
SUCCESSFULLY (208) 888-4433.
n
u
Meridian City Council
March 7, 1995
Page 27
Kingsford: I thank everybody for their testimony, I also thank everybody for their
involvement towards making a maybe not so good situation for people more bearable at
least more bearable as possible.
ITEM #11: CONDITIONAL USE PERMIT REQUEST TO ALLOW DRIVE THRU BANKING
FACILITY BY AVEST LIMITED PARTNERSHIP:
Kingsford: Does Council have questions about that? I have one, who is doing that
configuration? Can I ask a question on how that drive thru will be handled, is that going
to be on west side or north side or south side?
Durkin: The drive thru facilities are on the eastern side of the Key Bank building. The
access for this property comes off of Fairview.
Kingsford: The reason I ask was Ms. Gwin's concern about the noise and certainly if it is
on the east side it is going to help that.
Durkin: Actually that drive thru is not on the east, the drive thru lanes are on the south
side of the building. The City staff recommendation that the noise not exceed 59 decibels
I believe, oh 55, the volume is so low on the drive thru facilities that it was, it is not even
close to the street noise is quite a bit further. I pointed this out at the last one, I can show
you where her house is and where the drive thru is and I think you can (inaudible) Carol
Street and this is the first house, the Gwin house is the second house in. The noise has
to travel around the building over the berm across the street, over another berm down the
street before it affects her residence. The first affected residence would be this one here,
they face to the north on Carol Street. This is the 5th bank like this that we have built and
I am really familiar with them and I just can't foresee the circumstances for anyone.
Kingsford: Well surely she is not just concerned about her house (inaudible).
(End of Tape)
Kingsford: What is the Council's pleasure on the conditional use permit for the drive thru?
Morrow: Mr. Mayor I move that we adopt he findings of fact and conclusions prepared for
P & Z for the conditional use permit for the drive thru banking facility by Avest Limited
Partnership.
Yerrington: Second
Kingsford: Moved by Walt, second by Max to approve of the findings of fact and
C7
Meridian City Council
March 7, 1995
Page 28
conclusions of law as prepared for P & Z for the drive thru facility for banking at Avest
Property, roll call vote.
ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea
MOTION CARRIED: All Yea
Kingsford: Is there a motion on the conditional use?
Corrie: Mr. Mayor, I move that we approve the conditional use permit for the Locust Grove
Road and Fairview Avenue for the drive thru banking facilities.
Morrow: Second
Kingsford: Moved by Bob, second by Walt to approve of the drive thru banking conditional
use permit, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #12: CONDITIONAL USE PERMIT REQUEST TO ALLOW 172,000 SQUARE FOOT
RETAIL/GROCERY STORE BY FRED MEYER, INC.:
Kingsford: Does the Council have any questions on that?
Morrow: Mr. Mayor, I would move that we approve the findings of fact and conclusions of
law as prepared for P & Z for the Fred Meyer store.
Tolsma: Second
Kingsford: Moved by Walt, second by Ron to approve of the findings of fact and
conclusions of law as prepared for the Planning and Zoning for Fred Meyer store, roll call
vote.
ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea
MOTION CARRIED: All Yea
Kingsford: Entertain a motion on the conditional use.
Corrie: Mr. Mayor, I move that we approve the conditional use permit to allow the 172,000
square foot retail grocery store as recommended.
0
MERIDIAN CITY COUNCIL MEETING: March7,1995
9
APPLICANT: AVEST LIMITED PARTNERSHIP ITEM NUMBER; 11
REQUEST; CONDITIONAL USE PERMIT TO ALLOW A 3,000 SQUARE FOOT DRlVE-THRU
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:
• u,
MINUTES FROM 244-95 P A Z
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
FINDINGS OF F ACT AND CONCLUSIONS OF LAW
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION;
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
"REVIEWED"
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
kl�kcl�
All Materials presented at public meetings shall become property of the City of Meridian.
0 •
Meridian Planning & Zoning Commission
February 14, 1995
Page 15
tonight a schedule and I don't want to say anything that is misleading. I can only tell that
we are proceeding with vigor on these storage units and it is a market call. I just can't give
you an assurance on a time schedule other than the storage company is an established
company in the market with thousands of units. They are a local company and have
managed them themselves and 1 would anticipate that they would be developed as quickly
as possible. I want to point out on this plan, in the back of Fred Meyer, we have
landscaping, then there is a street, then there is 410 feet to the nearest residence. I really
believe that is a great deal of distance without the storage units. With the storage units
there and the landscaping buffer I think it will be ideal. That is the most I can commit to
tonight I would like to say more but I can't. I do have an answer by the way on the road
elevation that you asked me earlier as it relates to that berm. You asked me what the
height of the crown was, I have to call ACHD to get that, they haven't come up with a
design yet for Locust Grove that is all being done in their court as it relates to this project.
We would be off by several feet one way or another. So that street design and street
elevation is in there.
Johnson: Thank you, anyone else have any questions? I will close the public hearing.
This is a preliminary plat so it doesn't require findings of fact, right Wayne?
Crookston: That is correct.
Johnson: What would the Commission like to do?
Rountree: Mr. Chairman, I make a motion that we pass the preliminary plat onto the City
Council with a favorable recommendation.
Hepper: Second
Johnson: We have a motion and a second to recommend approval to the City Council on
the preliminary plat, all those in favor? Opposed?
MOTION CARRIED: All Yea
Crookston: Mr. Johnson, we will need these charts that you addressed the Commission.
ITEM #2: TABLED JANUARY 10, PUBLIC3,000 SQUARE FOOT DRIVE HRU
CONDITIONAL USE PERMIT TO ALLOW A
BANKING FACILITY BY AVEST LIMITED PARTNERSHIP:
Johnson: I will now open the public hearing and invite the applicant to address us
regarding this permit request.
Meridian Planning & Zoning Commission
February 14, 1995
Page 16
Larry Durkin, 380 East Park Center Boulevard, Boise, was sworn by the City Attorney.
Durkin: Again, this is all kind of merging together and 1 don't want to take a lot of your time
and repeat the same things. I am speaking on behalf again of Avest Limited Partnership,
Key Bank and Dakota Development, the applicants in this case. What we are proposing
is a 3,000 square foot drive up banking facility at the corner of Fairview and Locust Grove.
This will be part of the overall shopping center covered by (inaudible) agreements for
access traffic, maintenance. The facility design and construction is very similar to several
of their other new facilities in the valley. One is over on State Street, the other one is over
on Park Center and Apple Street, it is an attractive facility. I think we are in full agreement
with the staff recommendations that we have received. As far as the noise level referred
to in the recommendation we are well below that. We ask for your favorable approval
tonight and I will answer any questions that you have.
Johnson: Thank you, any questions for Mr. Durkin? Okay, thank you, this is a public
hearing, anyone from the public like to address the issue regarding Key Bank conditional
use permit?
Liz Gwin, 1515 South Carol, was sworn by the City Attorney.
Gwin: I just have a comment about the noise level, at the last hearing I think the engineer
on that project seemed to kind of think just because it is already noisy there their noise
wasn't going to make that much difference, but it will. We have already had a problem
with Idaho Athletic had their swimming pool covered and we heard who was at the front
deck and who should be at the front desk and all that kind of stuff. I really don't want to
hear how much somebody is putting in the bank or what all day at my house. I am just one
lot in. So I don't know what recourse we would have if the noise carries over into our
properties. That is what I would like to know, from their drive up window or their loud
speaker.
Johnson: Okay, is that your testimony?
Gwin: Well, that is what I would like to know what would we do.
Johnson: We are not in the answer business, but we will take your question and it will be
referred to the City Council but of course we can't answer that.
Gwin: Can you tell me about the ordinance on noise, isn't there an ordinance for loud
speakers?
Johnson: Do you want to address that Wayne?
0 •
Meridian Planning & Zoning Commission
February 14, 1995
Page 17
Crookston: We don't have a specific ordinance on the decibel levels, we have placed
decibel limitations as part of development applications.
Gwin: I think I was at a Council meeting where they were talking about a loud speaker at
a car lot and the noise was not to carry more than 100 feet from the property line.
Crookston: As I remember that decibel level was set so that it would not be greater than
I don't remember the decibel.
Johnson: I think it was 55.
Crookston: It could not be that level past I think the 100 feet is correct.
Gwin: -So will that pertain to this also?
Crookston: If that is the decision of the Council or the recommendation of the Commission
it could be.
Gwin: I would like to see that recommendation put because it is not a lot of fun to have
to listen to announcements all day. That is why I quit working for the school I got tired of
it.
Johnson: Is there anyone else that wants to come forward? Mr. Durkin
Durkin: We have met with Ms. Gwin on a number of occasions and have tried to answer
her concerns, she keeps asking the same questions and we keep giving her the same
answers. I would like to walk over the site plan and point out to you where the drive
through facility is located on the site plan. I would also like to point, and please she is
welcome to correct me if I am wrong where her house is. This is just not a relevant issue,
the drive up lanes are located on the Fairview side of the project. The average street
decibel noise of that intersection is 50 right now, I honestly don't know what the drive
through decibel is but I know it is substantially less than street noise and it was so far less
that it wasn't an issue as it related to your recommendations by the staff. We go up about
350 feet across this parking lot with a 2 foot berm rising up to 4 foot berm on this side,
across the street we have another berm, and down Carol Street to the second house down
facing north and this is Ms. Gwin's house. Now if she is very quiet and careful and sits out
on her front porch with some kind of device in her ears maybe she will be able to hear
somebody making a banking transaction on this corner but I don't believe that is a
legitimate concern and I don't believe it would be a legitimate recommendation. Key bank
property is adjacent to other commercial uses down in that property and I just, we really
have done an excellent job with the design of that to accommodate. We specifically turned
Meridian Planning & Zoning Commission
February 14, 1995
Page 18
the building so that wouldn't be an issue. Any other questions?
Johnson: Any other questions for Mr. Durkin from the Commission? One last chance,
anyone else from the public before I close the public hearing on the conditional use
request? Seeing none then I will close the public hearing. This takes findings of fact
gentlemen.
Hepper: Mr. Chairman, I move we have the City Attorney prepare findings of facts on this.
Crookston: There have been preliminary findings prepared.
Johnson: I will ask you Wayne, do you think these preliminary findings of fact will hold up
in view of the testimony we received this evening?
Crookston: I think that they do, the only item that is not addressed in their is the noise
level and you could amend the findings to address those. Noise is mentioned from the
Subdivision, from Doris Subdivision, so it is addressed.
Hepper: There is a comment on page 9 Mr. Chairman that mentions a 4 foot high berm
or a masonry fence along Locust Grove, this would be for the commercial development on
the comer there. I think it was stated that from a side view standpoint that the 2 foot would
be adequate along the commercial part, however once it gets north of that point I think we
need to consider the 4 foot minimum. I think on this particular part that the 2 to 6 foot berm
would be adequate just on this particular comer.
Johnson: Rather than to hold to that recommendation of a solid four foot, is that what you
are saying and it could vary beyond 4 feet?
Hepper: Yes, go from 2 to 6 feet as the developer recommended, but just strictly on this
triangle on this comer pad not go beyond the south property line of the residential across
the street.
Johnson: That could be included in your motion. Any other comments.
Rountree: Is that a suggested amendment to this?
Hepper: Yes, I don't think a 4 foot berm right on the comer of the intersection would be
appropriate just from a safety standpoint. You wouldn't be able to pull out and still see.
I don't think Ada County Highway District will allow that either.
Rountree: Our ordinance won't either for fences or berms.
Meridian Planning & Zoning Commission
February 14, 1995
Page 19
Johnson: Yes, that is your site plan, your fencing ordinance.
Hepper: So at this point I move the Meridian Planning and Zoning Commission hereby
adopts and approves these findings of fact and conclusions of law.
Rountree: Second
Johnson: As amended right?
Hepper: Yes as amended.
Johnson: It is moved and seconded that we approve the findings of fact and conclusions
of law with the amendments mentioned this evening, roll call vote.
ROLL CALL VOTE: Hepper - Yea, Rountree - Yea, Shearer - (Absent), Alidjani - Yea
MOTION CARRIED: All Yea
Johnson: Any decision or recommendation you wish to pass onto the City at this time?
Hepper: Mr .Chairman, I move the Meridian Planning and Zoning hereby recommends to
the City Council of the City of Meridian that they approve the conditional use permit
requested by the applicant for the property described in the application with the conditions
set forth in the findings of fact and conclusions of law.
Rountree: Second
Johnson: It is moved and seconded to pass a favorable recommendation onto the City as
stated, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #3: TABLED JANUARY 10, 1995: PUBLIC HEARING: REQUEST FOR A
CONDITIONAL USE PERMIT TO ALLOW A
LIMITED PARTNERSHIPAPPROXIMATELY : SQUARE
FOOT RETAIL/GROCERY STORE BY AVEST
Johnson: Will the applicant or his representative please address the Commission at this
time, I will open the public hearing.
Larry Durkin, 380 East Park Center Boulevard, Boise, was sworn by the City Attorney.
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
MEMORANDUM:
•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 Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
To; Mayor, City Council, Planning & Zoning
From; Bruce Freckleton, Assistant to City Engineert� *-n�
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
SHARI STILES
Planner & Zoning Administrator
JIM JOHNSON
Chairman • Planning & Zoning
January 5, 1995
Re; KEY BANK DRIVE-THRU FACILITY - (AVEST LIMITED PARTNERSHIP)
(Request for Conditional Use Permit)
It is my understanding that the Ada County Highway District hasn't completed their review of this
proposal, and that they have requested that it be deferred until their review is complete. I have
reviewed this submittal and offer the following comments, for your information and consideration
as conditions of the applicant during the hearing process. Additional comments may be generated
as a result of our office's review of the Highway District's report.
1. All Off -Street Parking, Landscaping, Drainage, Lighting, Paving, and Striping shall be
in accordance with the standards set forth in 2-414 of the City of Meridian Zoning and
Development Ordinance.
2. All Signage shall be in accordance with the standards set forth in 2-415 of the City of
Meridian Zoning and Development Ordinance.
3. Sanitary Sewer and Water to this facility would be via. mains that will be installed
as part of the AVEST Plaza Subdivision. Assessment fees for sewer and water service will
be determined during the building plan review process. In addition to these assessments,
a sewer "Late Comers" fee will also be charged to help reimburse the parties responsible
for installing the sewer mains which serve this development.
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
MEMORANDUM:
0 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 Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
TO: Planning an Zo ng`C mmission, Mayor and Council
FROM: S L. Stiles, Planning and Zoning Administrator
DATE: January 8, 1995
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
SHARI STILES
Planner & Zoning Administrator
JIM JOHNSON
Chairman - Planning & Zoning
SUBJECT: Conditional Use Permit for a Drive-thru Banking Facility at Locust Grove Road
and Fairview Avenue by Key Bank
1. Plan submittedappears to have adequate parking spaces and stacking depth.
2. City Ordinance requires a minimum of one 3" caliper tree per 1,500 square feet of paved
area. Berming and landscape design will be reviewed as part of building permit
application.
3. Design and placement of signs needs to be shown.
4. Communications system volume must not impact adjoining properties. Telephones rather
than loudspeakers are encouraged. Recommend that communications system must not
exceed 55 decibels at any adjoining property line.
5. Final ACHD and City requirements are to be addressed during building permit stage.
I recommend that this application for a Conditional Use Permit to operate a drive-thru banking
facility be approved subject to staff and agency requirements.
0 •
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
AVEST LIMITED PARTNERSHIP
CONDITIONAL USE PERMIT AT LOCUST GROVE ROAD AND FAIRVIEW AVENUE
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
January 10, 1995, at the hour of 7:30 o'clock p.m., the Petitioner
appearing through the Applicant's architect, Billy Ray Strite, the
Planning and Zoning Commission of the City of Meridian having duly
considered the evidence and the matter makes the following Findings
of Fact and Conclusions:
FINDINGS OF FACT
1. That a notice of a public hearing on the Conditional Use
Permit was published for two (2) consecutive weeks prior to the
said public hearing scheduled for January 10, 1995, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the January 10, 1995,
hearing; that the public was given full opportunity to express
comments and submit evidence; and that copies of all notices were
available to newspaper, radio and television stations.
2. That the property is located within the City of Meridian;
the property is described in the application which description is
incorporated herein.
3. That the property is zoned C -G, General Retail and
Service Commercial, which requires a conditional use permit for
AVEST DRIVE THROUGH BANK CONDITIONAL USE
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 1
0 s
drive through banking which the application requests and a
conditional use is required by the annexation and zoning Findings
of Fact and Conclusions of Law adopted by the City on this
property's annexation and zoning.
4. That the General Retail and Service Commercial District
is described in the Zoning Ordinance, 11-2-408 B. 11. as follows:
C -G General Retail and Service Commercial: The purpose
of the (C -G) District is to provide for commercial uses
which are customarily operated entirely or almost
entirely within a building; to provide for a review of
the impact of proposed commercial uses which are auto and
service oriented and are located in close proximity to
major highway or arterial streets; to fulfill the need of
travel -related services as well as retail sales for the
transient and permanent motoring public. All such
districts shall be connected to the Municipal Water and
Sewer systems of the City of Meridian, and shall not
constitute strip commercial development and encourage
clustering of commercial development.
5. That the use proposed by Applicant is a specifically
allowed conditional use in the Zoning Schedule of Use Control, 11-
2-409 B. and the property is being developed under a commercial
planned development process, as required by the annexation and
zoning Findings of Fact and Conclusions of Law.
6. That the property is at the corner of Locust Grove Road
and Fairview Avenue which is being developed as a commercial
planned development, in which there will be more business located;
that the parcel has street frontage on Fairview Avenue and Locust
Grove Road.
7. That Billy Ray Strite testified that all of the staff
comments were acceptable except the 55 decibel level suggested by
AVEST DRIVE THROUGH BANK CONDITIONAL USE
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 2
0 •
Shari Stiles; that the ambient road noise is greater than 55
decibels and the drive through would face Fairview Avenue.
8. That proper notice had not been given for the hearing
held on January 10, 1995, but subsequent notice was given, an
additional public hearing held on February 13, 1995, and additional
time for public testimony was afforded to those entitled to notice;
that proper notice has been given as required by law and all
procedures before the Planning and Zoning Commission have been
given and followed.
9. That sewer and water is available to the property, but
the property will have to comply with the commercial sewer and
water rates.
10. That the City Engineer, City Planning Director, City
Police and Fire Departments, Ada County Highway District (ACRD),
Central District Health Department, Idaho Power Company and Nampa -
Meridian Irrigation District submitted comments and they are
incorporated herein as if set forth in full.
11. That the City Engineer's comments were that all off-
street parking, landscaping, drainage, lighting, paving and
striping shall be in accordance with the standards set forth in 11-
2-414, all signage shall be in accordance with the standards set
forth in 11-2-415, that sewer and water would be by means of mains
that will be installed as part of the Avest Plaza Subdivision, that
assessments will be determined during building plan review, and a
late comers fee will also be charged.
AVEST DRIVE THROUGH BANK CONDITIONAL USE
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 3
12. That Planning and Zoning Administrator, Shari Stiles,
commented that the plan submitted appears to have adequate parking
spaces and stacking depth, that City ordinance requires a minimum
of one 3 inch caliper tree per 1,500 square feet of paved area,
that berming and landscape will be reviewed as part of the building
permit application, that design and placement of signs need to be
shown, that communications systems must not impact adjoining
properties, that telephones rather than loudspeakers are
encouraged, that it is recommended that 55 decibels not be
exceeded, and final ACHD and City requirements are to be addressed
during the building permit stage. She recommended that the
conditional use permit be approved subject to staff and agency
requirements.
13. That some of the site specific requirements of ACHD were
to dedicate 54 -feet of right-of-way from the centerline of Fairview
Avenue and 45 -feet of right-of-way from the centerline of Locust
Grove Road, construct curb, gutter and 7 -feet of sidewalk on Locust
Grove Road abutting the parcel, construct five -feet of sidewalk on
Fairview Avenue, pave an additional 12 feet on Fairview Avenue,
locate a signal at the site's eastern boundary, eliminate two of
the proposed access points on Fairview Avenue, align the souther
access point on Locust Grove Road with Carol Street, extend
Applewood Avenue to the proposed ring road, and construct all
access points as 30 -foot wide curb -return approaches with 15 -foot
radii.
AVEST DRIVE THROUGH BANK CONDITIONAL USE
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 4
14. That Elizabeth Gwin submitted written testimony; she
stated that the 1998 widening of North Locust Grove Road should be
taken into account by the plan, that the exit that is the first one
to the north of Carol Street should be eliminated, the lighting on
the buildings and in the parking area should be hooded and directed
away from the residential areas, the berms should be at least four
feet above the finished level of the parking areas and sidewalks,
the landscaping should be substantial enough to screen car lights,
lights from any doors or windows within view of the residential
area, there should be no intrusion of noise from loudspeakers of
from the bank drive by window, the business hours should be set so
as to coincide somewhat with the opening and closing of the other
businesses in the area, and that the buildings should be of
attractive and durable materials.
15. That, as a condition of annexation and the zoning of C -G
of the Applicant's property, Avest Limited Partnership was required
to enter into a development agreement as authorized by 11-2-416 L
and 11-2-417 D; that the development agreement included that Avest
establish a 35 foot landscaped setback required under the
Comprehensive Plan and landscaping the same; that the conditions
ran with the land and bound the applicant, Avest.
16. That in the annexation and zoning of Applicant's property
at Locust Grove Road and Fairview Avenue it was stated that the
berming and landscaping along Locust Grove Road would be two to
four feet high to retain automobile lights within the parking lots,
AVEST DRIVE THROUGH BANK CONDITIONAL USE
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 5
the berm/landscape area would be twenty feet wide the full length
of the shopping center, there would be extended and widened
landscaping at entrances on Fairview Avenue and Locust Grove Road,
and there would be landscape islands in parking sections per City
requirements; that the berming and landscaping at the possible
retirement center would be six to eight feet high and twenty feet
wide.
17. That in the information booklets submitted in the
annexation and zoning process of the parcel, the Applicant also put
forth a list of the benefits of a shopping center, including
providing physical improvements of additional widening of Locust
Grove, bike lanes, a minimum 20 foot landscaped berming along
Locust Grove, sidewalk along Locust Grove, preferably in the
berming, and modern landscaping and buffering.
18. The annexation and zoning was conditioned upon meeting
the requirements of paragraph 19 of the Conclusions adopted on the
annexation, which included the 35 foot landscaped set back; that
under the Meridian Comprehensive Plan, Fairview Avenue is an
entryway corridor. See Meridian Comprehensive Plan, COMMUNITY
DESIGN, Entryway Corridors, Page 72.
19. That Section 9-605 G, PLANTING STRIPS AND RESERVE STRIPS
states as follows:
Planting strips and reserve strips shall conform to the
following:
1. Planting Strips - Planting strips shall be required to be
placed next to incompatible features such as highways,
railroads, commercial or industrial uses to screen the
AVEST DRIVE THROUGH BANK CONDITIONAL USE
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 6
view from residential properties. Such screening shall
be a minimum of twenty feet (20') wide and shall not be
a part of the normal street right-of-way or utility
easement;
20. That there was no testimony objecting to the application,
but there was written comment suggesting conditions.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property, now that the second notice was mailed and the additional
public hearing held.
2. That the City of Meridian has authority to grant
conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to
11-2-418 of the Revised and Compiled Ordinances of the City of
Meridian.
3. That the City of Meridian has authority to place
conditions on a conditional use permit and the use of the property
pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of the
Revised and Compiled Ordinances of the City of Meridian, Idaho.
4. That 11-2-418 C) of the Revised and Compiled Ordinances
of the City of Meridian sets forth the standards under which the
Planning and Zoning Commission and the City Council shall review
applications for Conditional Use Permits; that upon a review of
those requirements and a review of the facts presented and the
conditions of the area, the Planning and Zoning Commission
AVEST DRIVE THROUGH BANK CONDITIONAL USE
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 7
0
concludes as follows:
a. The use, would in fact, constitute a conditional use
and a conditional use permit is required by ordinance.
b. The use should be harmonious with and in accordance
with the Comprehensive Plan but the Zoning Ordinance
requires a conditional use permit to allow the use.
c. The use apparently would be designed and
constructed, to be harmonious in appearance with the
intended character of the general vicinity.
d. That the use would not be hazardous nor should it be
disturbing to existing or future neighboring uses.
e. The property has sewer and water service available.
f. The use would not create excessive additional
requirements at public cost for public facilities and
services and the use would not be detrimental to the
economic welfare of the community.
g. The use would not involve a use, activity, process,
material, equipment or conditions of operation that would
be detrimental to person, property or the general welfare
by reason of excessive production of traffic or noise.
h. That sufficient parking for the property and the
proposed use will be required.
i. The development and use will not result in the
destruction, loss or damage of a natural or scenic
feature of major importance.
5. That all ordinances of the City of Meridian must be met,
including but not limited to, the Uniform Building Code, Uniform
Fire Code, Uniform Plumbing Code, Uniform Electrical Code, the
Uniform Mechanical Code, the Fire and Life Safety Code, all parking
and landscaping requirements.
6. That the comments of the City Engineer, Planning and
Zoning Administrator, City Planning Director, City Police and Fire
Departments, Ada County Highway District (ACRD), Central District
AVEST DRIVE THROUGH BANK CONDITIONAL USE
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 8
Health Department, Idaho Power Company and Nampa -Meridian
Irrigation District submitted comments, must be complied with.
7. That, also as a condition of the conditional use permit,
a landscape plan must be submitted to the Planing and Zoning
Administrator; at a minimum it must provide for thirty-five feet
along Fairview Avenue and twenty feet along Locust Grove Road of
landscaping setback; also along Locust Grove Road the landscape
plan must provide at least a solid four foot high berm or masonry
fence along Locust Grove Road, measured from the highest point of
the parking lot of the entire development, except where roadway
entrances are planned for entrance into, and exit from, the parking
lot, and except that the berm or fence shall only be two (2) feet
high at the intersection of Fairview Avenue and Locust Grove Road
and shall remain two (2) feet high along Locust Grove Road from the
intersection to a point which is one hundred feet north of Fairview
Avenue and then it may gradually increase to four (4) feet in
height to the point which is directly east of the north end of the
commercial lot on the northwest corner of the intersection of
Fairview and Locust Grove Road; that except for entrances into the
parking, the berm or fence shall be four (4) feet high across from
Doris Subdivision; that the landscape plan must provide for
protection of Doris Subdivision from light, noise, vibration, odor,
and/or glare, for bike lanes, sidewalk along Locust Grove in the
berming, and modern landscaping and buffering, as represented by
Avest in the annexation and zoning process.
AVEST DRIVE THROUGH BANK CONDITIONAL USE
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 9
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER
HEPPER
COMMISSIONER
ROUNTREE
COMMISSIONER
SHEARER
,COMMISSIONER
ALIDJANI
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED
VOTED
VOTED 4
VOTED
VOTED
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends
to the City Council of the City of Meridian that they approve the
Conditional Use Permit requested by the Applicant for the property
described in the application with the conditions set forth in the
Findings of Fact and Conclusions of Law.
MOTION:
APPROVED
DISAPPROVED:
AVEST DRIVE THROUGH BANK CONDITIONAL USE
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 10
'
• HUB OF TREASURE VALLEY •
COUNCIL MEMBERS
OFFICIALS
A Good Place to Live
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT
WILLIAM G. BERG, JR., City Clerk
GASS, City Treasurer
CITY OF MERIDIAN
W MORROW
STILES
JANICE L.
GARY D. SMITH, P.E. City Engineer
Water Works Supt.
33 EAST IDAHO
SHARI
Planner & Zoning Administrator
BRUCE D. STUART,
JOHN T. SHAWCROFT, Waste Water Supt.
MERIDIAN, IDAHO 83642
JIM JOHNSON
- Planning & Zoning
KENNY W. BOWERS, Fire Chief
"BILL" GORDON, Police Chief
Phone (208) 888.4433 •FAX (208) 887-4813
Chairman
W.L.
WAYNE G. CROOKSTON, JR., Attorney
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DELOPMENT 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: anua 3 1 1916
TRANSMITTAL DATE: 12/19194
HEARING DATE: 1110195
REQUEST: onditional se Permit
BY: Avest Limit d Partnershi
LOCATION OF PROPERTY OR PROJECT: N
- astorn cr of Fairview Avenue
and � oc�t trove 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 D15TKIw 1
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(PREh1M & FINAL PLAT)
_ BUREAU OF RECLAMA PRE & FINAL PLAN
CITY FILES
YOUR CONCISE
oc[�FiV
DEC 2 1 19T'f
(ffY OF MERIDIAN
GRANT P. KINGSFORD
Mayor
TRANSMITTAL TO AGENCIES FOR COMMENTS ONDEVELOPMENT 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: anua 3 1995
TRANSMITTAL DATE: 12119/94
HEARING DATE: 1110195
REQUEST: Conditional se Permit
BY: Avest Limited Partnershi
LOCATION OF PROPERTY OR PROJECT: N rtheast corner of Fairview Avenue
and Locust rove 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 PLAN
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES
OTHER:
voUR CONCISE REMARKS:
• HUB OF TREASURE VALLEY
COUNCIL MEMBERS
OFFICIALS
A Good Place to Live
RONALD R. TOLSMA
MAX YERRINGTON
D. CORRIE
WILLIAM G. BERG, JR., City Clerk
GASS, City Treasurer
CITY OF MERIDIANROBERT
WALT W MORROW
STILES
JANICE L.
GARY 0, SMITH, P.E. City Engineer
D. STUART, Water Works SuPt.
33 EAST IDAHO
SHARI
Planner & Zoning Administrator
BRUCE
JOHN T. SHAWCROFT, Waste Water SuPt.
MERIDIAN, IDAHO 83642
JIM JOHNSON
Chairman - Planning & Zoning
KENNY W. BOWERS, Fire Chief
GORDON, Police Chief
Phone (208) 888-4433 • FAX (208) 887-4813
W.L.-BILL"
WAYNE G. CROOKSTON, JR., Attorney
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
TRANSMITTAL TO AGENCIES FOR COMMENTS ONDEVELOPMENT 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: anua 3 1995
TRANSMITTAL DATE: 12119/94
HEARING DATE: 1110195
REQUEST: Conditional se Permit
BY: Avest Limited Partnershi
LOCATION OF PROPERTY OR PROJECT: N rtheast corner of Fairview Avenue
and Locust rove 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 PLAN
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES
OTHER:
voUR CONCISE REMARKS:
W o s/95 1"7 -U208.345 7550 Ar,;IW
C�
GLENN J. RHODES, President
SHERRY R. HUBER, Vice President
JAMES E. BRUCE, Secretory
DATE: December 28, 1994
Post -k' Fax Note
7671 Daae 1 / 418810
f,
To )611 U.%
From
Lys
CoJDep , as
Co.
Phone Y
Phone k
Fax N
Fax 9
TO: Avest Limited Partnership
ATTN: ROGER H. ALLEN
600 N. Maple Grove Road
Boise ID 83703
FROM: ACRD Development Services Division
RE: AVEST PLAZA SUBDIVISION
RECEIVED
JAN - 6 1995
CITY OF MERIDIAN
This project is of sufficient size, and/or is expected to generate
traffic impacts such that the District requests deferral of the
public hearing for this application until the required Traffic
Study has been approved by the District's Traffic Services
Department.
The two key issues of concern are the estimated traffic volumes on
Applewood Avenue if a connection is made and the number of proposed
driveways on Fairview Avenue.
The District will notify you and the applicant, as soon as
Possible, after completion of the review and approval.
ACRD requests the lead agency to include the results and
recommendations of the approved Traffic Study in the public hearing
process.
This delay will allow the public and the lead agency to be better
informed about the traffic issues related to this project prior to
making any decisions.
CC: W & H Pacific, Stephen H. Sweet - (Fax #342-5353)
Dobie Engineering, Pat Dobie
ACHD Traffic Services - Dave Szplett
Ada Planning Association - Ery Olen (Fax #345-5279)
Project File
Chron
ada county highway district
318 East 37th - Boise, Idaho 83714 - Phone (208) 345-7680
JAN 06 '95 16:18 208 345 7650 PAGE.01
GLENN J. RHODES, President
SHERRY R. HUBER, Vice President
JAMES E. BRUCE, Secretary
TO: ACHD Commission
FROM: Development Services
•
INTER -DEPARTMENT
CORRESPONDENCE
AVEST/DSTECH
1-4-95
DATE: January 6, 1995
SUBJECT: PRELIMINARY PLAT - Avest Plaza Subdivision
CONDITIONAL USE - Fred Meyer Store
CONDITIONAL USE - Key Bank with drive-thru
Meridian - northeast corner of Fairview and Locust Grove
(Developer - Roger Allen, Avest Limited Partnership, 600 N
Maple Grove, Boise 83703)
(Engineer/Surveyor - Stephen Sweet, W&H Pacific, 960
Broadway Avenue, Boise ID 83706)
PRELIMINARY REPORT - NOT FINAL UNTIL APPROVED BY THE ACRD COMMISSION
This report addresses three related applications on the same 37 -
acre parcel.
FACTS & FINDINGS:
1. Avest Plaza is a 10 -lot commercial subdivision of the 37 -acre
parcel located at the northeast corner of Fairview Avenue and
Locust Grove Road. Commercial uses requested at this time
through conditional use permits are a Fred Meyer store on Lot
1, Key Bank on Lot 3, and self -storage on Lot 9. A private
"ring road" is proposed to connect Fairview Avenue and Locust
Grove Road by looping around the proposed Fred Meyer store.
This road provides access to two separated commercial pads and
the several acres of self -storage. See attached vicinity map
and site plan.
2. A traffic study has been submitted and reviewed for the pro-
posed commercial complex. The results of this study have been
integrated into this report, together with input from District
Traffic Services Department.
3. GENERAL INFORMATION:
LEAD AGENCY - Meridian
ZONING - C -G
ada county highway district
318 East 37th 9 Boise, Idaho 83714 • Phone (208) 345-7680
PRELIMINARY PLAT �Avest Plaza Subdivision
January 6, 1995 •
Page 2
LOTS - 10 ACRES - 36.91
ESTIMATED SQUARE FOOTAGE OF BUILDINGS - 190,000 retail
ESTIMATED VEHICLE TRIPS PER DAY - 11,657 290,000 self -storage
TRAFFIC ANALYSIS ZONE - 265
L.F. OF FRONTAGE ON Fairview Avenue- 1295
MOST RECENT TRAFFIC COUNTS - 17,000 east of Locust Grove
FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Principal Arterial
ADA COUNTY RIDGE -TO -RIVERS PATHWAY PLAN - Route
EXISTING RIGHT-OF-WAY - 85 to 100 -feet
60 to 70 -feet north of section line:
centerline and section line are
separated,4 approximately 20 -feet
REQUIRED RIGHT-OF-WAY - 108 -feet (5 feet from centerline)
Fairview Avenue is improved with 68 -feet of paving tapering to
80 -feet at Locust Grove Road.
L.F. OF FRONTAGE ON Locust Grove Road - 1240
MOST RECENT TRAFFIC COUNTS - 3,000 north of Fairview
FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial
ADA COUNTY RIDGE -TO -RIVERS PATHWAY PLAN - Lane
EXISTING RIGHT-OF-WAY - 50 to 81 -feet
25 to 41 east of section line:
centerline and section line are
separated by a maximum of 8 -feet
REQUIRED RIGHT-OF-WAY - 90 -feet (45 -feet from centerline)
Locust Grove Road is improved with 21 to 48 -feet of paving
IMPACT FEE BENEFIT ZONE - West Ada
IMPACT FEE ASSESSMENT DISTRICT - Western Cities
4. Section 7202.5 of the Development Policy Manual states the
following concerning arterial streets:
"Local traffic circulation systems in land developments should
not reduce the efficiency of nearby major streets. the Dis-
trict will consider full or partial control of driveways,
intersection placement and access to protect the efficiency of
the arterial street network."
5. Section 7207.8 of the Development Policy Manual states the
following:
"Direct access to arterials and collectors is normally re-
stricted. The developer shall try to use combined access
points. If the developer can show that the use of a combined
access point to a collector or arterial street is impractical,
the District may consider direct access points based on the
following guidelines:
PRELIMINARY PLAT •Avest Plaza Subdivision •
January 6, !995
Page 3
Less than 150' of continuous frontage ......1 access point
150-600' of continuous frontage ............2 access points
Greater than 600' of continuous frontage ... 3 access points
Access points for proposed developments at intersections
should be located as far from the intersection as practical,
and in no case closer than as illustrated on Figure 72-F4."
6. The site has greater than 600 -feet of frontage on Locust Grove
Road and Fairview Road; therefore the site will be limited to
three access points on each road. The site pla ' dicates
three access points to Locust Grove Road and five access
points to Fairview Avenue.
7. The southern access point on Locust Grove Road is offset 40 -
feet (measured from centerline) south of Carol Street. This
offset will cause southbound traffic turning left to Fred
Meyer to conflict with northbound traffic turning left on to
Carol Street. Staff recommends that the Fred Meyer driveway
be relocated to the north, either to align with Carol Street
or to the south to maintain a minimum offset a of 125 -feet.
The remaining two access points on Locust Grove Road are sepa-
rated by a minimum of 200 -feet and have no offset conflicts.
B. The western access point on Fairview Avenue meets the Dis-
trict's minimum offset of 230 -feet from the intersection with
Locust Grove Road for a right-in/right-out only access. The
developer has agreed to the construction of a median in the
center of Fairview Avenue to enforce the right-in/right-out
only access.
9. The access points on Fairview Avenue will need accelera-
tion/deceleration lanes until the District widens Fairview
�. c�,5 Avenue beyond the existing five lanes. Staff recommends that
6 Fairview Avenue be widened one lane width for the entire front-
age as a project related improvement, instead of providing
!� widening for the individual accesses.
10. Driveway D (fourth access from the west) is shown on the site
plan as the traffic consultant's preferred location for a
traffic signal. Traffic Services believes that this location
is unacceptable for the following reasons:
A. This location serves the project site but does not
serve the general public.
B. The location at 1,097 -feet from Locust Grove Road is
conflicts with the Traffic Service's goal of one quar-
ter of mile intersection spacing.
PRELIMINARY PLAT vest Plaza Subdivision •
January 6, 1995
Page 4
C. The location at 1,097 -feet from Locust Grove Road pre-
cludes efficient traffic signal coordination on
Fairview Avenue.
D. The location creates an inefficient parcel size on the
south side of Fairview Avenue where the fourth leg of
the intersection will be developed.
11. Driveway E (fifth access from the west, "Dixie Lane") is pre-
ferred by Traffic Services staff for the signal location and
intersection of the ring road. This location is preferred for
the following reasons:
A. The location of 1,320 -feet from Locust Grove Road is
consistent with Traffic Service's goal of one quarter
of a mile intersection spacing on arterials.
B. The location of 1,320 -feet from Locust Grove Road pro-
vides spacing for efficient traffic signal coordination
on Fairview Avenue.
C. The location creates an efficient parcel size on the
south side of Fairview Avenue where the fourth leg of
the intersection will be developed.
12. Abutting the site's north boundary is Mirage Meadows Subdivi-
sion. Mirage Meadows has a street that stubs into this site,
Applewood Avenue.
Section 7203.5.2 of the Development Policy Manual, Continua-
tion of Streets, Existing Adjacent Development, states the
following:
"An existing street, or a street in an approved preliminary
plat, which ends at a boundary of a proposed development shall
be extended in that development. The extension shall include
provisions for continuation of storm drainage facilities."
The proposed site plan does not include an extension of
Applewood Avenue. The developer is opposed to the extension
of Applewood Avenue through proposed Lot 9 since it would
bisect the lot proposed for self -storage. Neighbors in the
adjoining subdivision have also expressed opposition to this
extension because of a belief that excessive through traffic
would be routed through their subdivision.
Staff recommends that Applewood Avenue be extended to provide
neighboring residential uses a street-, connection without ac-
cessing an arterial (Locust Grove Road) and making two left
turns across traffic. Contrary to the stated consensus of the
developer and some of the neighbors, staff believes this would
benefit the neighborhood rather than constituting a liabili-
ty. See memo regarding the Legends Subdivision on "Neighbor-
hood Interconnectivity."
PRELIMINARY PLAT e Avest Plaza Subdivision •
January 6, 1995
Page 5
13. The ACRD Capital Improvement Plan indicates that Locust Grove
Road is approved for use of Road Impact Fee funds to increase
its capacity; therefore, Road Impact Fee offsets may be given
for construction of the roadway improvements (excluding side-
walk) along Locust Grove Road and for right -o€ -way dedication
in addition to what exists now. If the developer wishes to be
paid for the additional right-of-way, he/she must submit an
application to the impact fee administrator prior to breaking
ground, in accordance with Section 15 of ACRD ordinance #188.
14. This application is scheduled for public hearing by the Meridi-
an Planning & Zoning Commission on January 10, 1995.
SITE SPECIFIC REQUIREMENTS:
A� 1. Dedicate5 feet of right-of-way from the centerline of
Fairview venue abutting parcel. The owner will be compensat-
ed for this additional right-of-way from available impact fee
revenues in this benefit zone.
2. Dedicate 45 -feet of right-of-way from the centerline of Locust
Grove Road abutting parcel. The owner will be compensated for
this additional right-of-way from available impact fee reve-
nues in this benefit zone.
3. Construct curb, gutter, 7 -foot sidewalk and match paving on
Locust Grove Road abutting parcel. Improvements shall be
constructed to a 62 -foot back-to-back street section. Coordi-
nate street section with Traffic Services. The developer will
be reimbursed for the costs of these improvements (except
sidewalk) from available impact fee revenue in this benefit
zone. A written request for reimbursement is required prior
to beginning the improvements. (2�
4. Construct a5 foot wide concrete sidewalk on Fairview Avenues
abutting par Coordinate location of sidewalk with Dis-
trict staff.
5. Pave an additional 12 -feet on Fairview Avenue abutting the
entire parcel for acceleration and deceleration lanes. This
is a project related requirement and the developer will not be
compensated for this cost.
6. Locate the signal at the site's eastern boundary. The develop-
er shall pay for the cost of the signal's design, materials,
and installation. The design of the signal shall be approved
by Traffic Services.
PRELIMINARY PLAT 4vest Plaza Subdivision •
January 6, 1995
Page 6
7. Eliminate two of the proposed access points on Fairview Ave-
nue. Access to Fairview Avenue is limited to a total of three
access points (two plus Avest Lane).
8. Align the southern access point on Locust Grove Road with
Carol Street.
9. Extend Applewood Avenue to the proposed ring road. g6
10. Construct all access points
proaches with 15 -foot radii.
Pk01Z1011oRM ;ggg0Z4: iuimZV
as 30 -foot wide curb -return ap-
1. Street and drainage improvements required in the public right-
of-way shall be designed and constructed in conformance with
District standards and policies.
2. Specifications, land surveys, reports, plats, drawings, plans,
design information and calculations presented to ACRID shall be
sealed, signed and dated by a Registered Professional Engineer
or Professional Land Surveyor, in compliance with Idaho Code,
Section 54-1215.
3. Provide written approval from the appropriate irriga-
tion/drainage district authorizing storm runoff into their
system.
h� 4. Locate obstructions (utility facilities, irrigation and drain-
age appurtenances, etc.) outside of the proposed street im-
provements. Authorization for relocations shall be obtained
from the appropriate entity.
Continue existing irrigation and drainage systems across par-
cel.
6. Submit three sets of street construction plans to the District
h for review and appropriate action.
7. Submit site drainage plans and calculations for review and
appropriate action by ACRD. The proposed drainage system
\ shall conform to the requirements of Meridian and shall retain
`gyp all storm water on-site.
\ 8. Provide design data for proposed access to public streets for
-p review and appropriate action by ACHD.
9. Locate driveway curb cuts a minimum of 5 -feet from the side
lot property lines when the driveways are not being shared
with the adjacent property.
PRELIMINARY PLAT - Avest Plaza Subdivision .
January 6, 1995 •
Page 7
10. A right-of-way permit must be obtained from ACRD for all
street and utility construction within the public right-of-
way. Contact Construction Services at 345-7667 (with zoning
file number) for details.
11. 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: DATE OF COMMISSION APPROVAL:
Karen Gallagher
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DISTRICT Environmental Health Division `~ Return to:
HEALTH:�_� E]Boise
DEPARTMENT Uri
� o-.� i p F-1Eagle
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Rezone # Meridian
Conditional Use # AAFS7- L71�. ❑ Kuna
Preliminary / Final / Short Plat ❑ ACZ
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❑ 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 Acentrall water
❑ individual sewage ❑ individual water
❑ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
❑ central sewage ❑ community sewage system ❑ community water
❑ sewage dry lines ❑ central water
9. Street Runoff is not to create a mosquito breeding problem.
❑ 10. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
❑ IL If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
❑ 12. We will require plans be submitted for a plan review for any:
❑ food establishment ❑ swimming pools or spas ❑ child care center
❑ beverage establishment ❑ grocery store
13. �Sc�
2f 7 -M6#= -P) %�.e GD/r9�l�=lr/1%1�77y/✓ 7 r Date:
570-C&q Ardfav:t�lii��r/ -.� = Reviewed By:
CDHD 10/91 rcb, rev. II/93 ill
CENTRAL •
4* DISTRICT
HEALTH
D E PA R T M E N T MAIN OFFICE • 707 N. ARMSIRCNG PL • BOLIE 10.83704 • (208) 375.5211 • AX: 32745M
To prm= and treat disease and disability: to promote healthy iifestytes: and to protect aced promote the health and quality of ow amirormeaet.
STORMWATER MANAGEMENT RECOMMENDATIONS
We recommend that the first one half inch of stormwater be
pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water
quality. The engineers and architects involved with the design of
this project should obtain current best management 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) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of
Washington Department of Ecology, February 1992
2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE
DRAINAGE MANAGEMENT
3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK '
Prepared by Camp Dresser and McKee, Larry Walker Assoc., Uribe
and Assoc., Resources Planning Assoc., for the Stormwater
Quality Task Force
4) URBAN STORM DRAINAGE CRITERIA MANUAL
Volume 3, Best Management Practices
Stormwater Quality
Urban Drainage and Flood Control District, Denver, Colorado
mug. Elmore. Boise. and Ada C ardes
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" t • HUB OF TREASURE VALLEY
COUNCIL MEMBERS
OFFICIALS A Good Place to Live RONALD R. TOLSMA
MAX YERRINGTON
ROBERT 0. CORRIE
WILLIAM G. BERG, City Clerk CITY OF MERIDIAN WA T W. MORROW
JAN ICE L. GASS, Cityity TTreasurer SHARI STILES
GARY D. SMITH, P.E. tEngineer
BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO Planner & Zoning Administrator
e
JOHN T. SHAWCROFT, Waste Water Supt. MERIDIAN, IDAHO 83642 �/+®�O �� JIM JOHNSON
KENNY W. BOWERS, Fire Chief 11%\1I✓✓= ® Chairman - Planning & Zoning
W.L. "BILL" GORDON, Police Chief Phone (208) 888-4433 • FAX (208) 887 813
WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-22112 2 D E r
GRANT P. KINGSFORD 1994
Mayor NAMPA & MERIDIAN
IRRIGATION DISTRICT
TRANSMITTAL TO AGENCIES FOR COMMENTS ON�DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDr
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: anua 3 1 95
TRANSMITTAL DATE: 12.19194
HEARING DATE: 1110195
REQUEST: nd'tiona se Pe it
BY: Avest L' i ed rt ershi
LOCATION OF PROPERTY OR PROJECT:_ heast comer of Fairview Avenue
and ocust rove Road
JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT
MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAN
JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT
_CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION
TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH
GRANT KINGSFORD, MAYOR _ _NAMPA MERIDIAN IRRIGATION DISTRICT
TOLSMA, C/O SETTLERS IRRIGATION DISTRICT
RONALD
BOB TO , MAC/C _IDAHO POWER CO.(PRELIM & FINAL PLAT)
_MORROWC/C U.S. WEST(PRELIM & FINAL PLAT)
WALT ,
MAX MORROW,
C C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
N
WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLA
_SEWER DEPARTMENT CITY FILES
BUILDING DEPARTMENT OTHER: a era s an waste ways
FIRE DEPARTMENT OUR CONCISE REMARK , .
_POLICE DEPARTMENT must e protected. Municipa surface draiIr nage must
CITY ATTORNEY be retainedon site. If any surface draina a leaves
the site, ampa & Meridian Irrigation District must
CITY ENGINEER review drainage plans. It is recommended that
CITY PLANNER
irrigation water be made availab e to all developments within this District.
Nampa eri ian r7gation Di11111,11 "'1'strict requires that a Land Use Chane Site
Deve opment app kation be filed for review rior to final lattin Cont c
Donna Moore at 343-1884 or 466-7861 for further information.
Bill Henson, Assistant Water Su erintendent
Nampa & Meridian Irrigation District
P-
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-888-6201
Phones: Area Code 208
5 January 1995
OFFICE: Nampa 466-7861
Billy Ray Strite Boise 343-1884
BRS Architects SHOP: Nampa 466-0663
Boise 345-2431
1087 West River Street, Suite 160
Boise, ID 83702
RE: Land Use Change Application for Drive-Thru Bank Facilit
Dear Mr. Strite:
Enclosed please find a Land Use Change Application for your use to
file with the Irrigation District for its review on the above -
referenced development.
You were previously sent a complete packet of information
concerning Land Use Change, urban irrigation, and exclusion.
If you have any questions concerning this matter please feel free
to call on Donna Moore at the District's office or John Anderson,
the District's Water Superintendent at the District's shop.
Sincerely,
DAREN R. COON, SECRETARY/TREASURER
NAMPA & MERIDIAN IRRIGATION DISTRICT
DRC/dnm
cc: File
Water Superintendent
Avest Limited Partnership
City of Meridian
enc.
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
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
• HUB OF TREASURE VALLEY •
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 88711813
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
SHARI STILES
Planner Q Zoning Administrator
JIM JOHNSON
Chairman • Planning 6 Zoning
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MEW
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:
TRANSMITTAL DATE: 12/19/94 HEARING DATE: JM
REQUEST: Co
BY:
LOCATION OF PROPERTY OR PROJECT:
_N
t Co r of Fairview Avenue
ad LoCILt ove o
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
OTHER:
YOUR CONCISE REMARKS:
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
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.
Tim Adams s
Idaho Power , ib t,°'"a4
322-2047 1Z"
0 0 RECEIVED
JAN - b 1995
CITY OF MERIDIAN
January 4, 1995
Mayor Kingford,
City Council Members,
Planning & Zoning Board
33 East Idaho
Meridian, Idaho 83642
Gentlemen,
I am writing you in regard to the Fred Meyer and the Key Bank
applications for conditional use permits to build on the property
at Fairview and North Locust Grove Roads. As you know I am very
much opposed to this large of a commercial development being built
so close to residential areas. Since it will most likely become an
unwanted reality, I ask you to have the decency to see to it that
the residential areas which border this development receive every
consideration possible as to buffering to protect the value and
enjoyment of these properties for their owners.
The following are things which I see as being important to keeping
this development as unintrusive as possible.
1). The 1998 widening of North Locust Grove should be taken into
account by the plan. With all of the footage coming from the east
side of the road since the homes on the west sit so close to the
road already the property owners would loose not only land but
mature landscaping, privacy, and some other essential improvements
which they would not be fully compensated for by ACHD.
2). The exit that is the first one to the north of Carol Street
should be eliminated as it will cause the homes opposite it to be
constantly in the glare of headlights at night from cars pulling
out on to Locust Grove Road.
3). The lighting on the buildings and in the parking areas should
be hooded and directed away from the residential areas. Mercury
vapor lights would be preferable as they are less glaring and
intrusive. Also areas lighted by it appear more attractive.
4). The berms should be at least 4 feet above the finished level
of the parking areas and sidewalks so that car lights will not
shine over them into the adjacent homes.
5). The landscaping should be substantial enough to screen car
lights, lights from any doors or windows within view of the
residential area, or any unattractive views such as the loading
dock area at the back of the store that is visible from the
residential areas.
6) . There should be no intrusion of noise from loudspeakers or from
the speaker at the bank drive by window into the residential area.
•
Page Two, Elizabeth A. Gwin
7). The business hours should be
with the opening and closing of th
It would be best if the businesses
Road opened no earlier than 8 am
were the type that weren't open on
U
set so as to coincide somewhat
e other businesses in the area.
closest to North Locust Grove
and closed by a least 6pm . and
weekends.
8). Another aspect of this project is the type of buildings to be
put in place. We will have to look at it for a long time and it is
also fronting along Fairview which is an entry way to Meridian so
the buildings should be of attractive and durable materials such as
stone or brick. The use of high maintaence materials such as stucco
or wooden finishes should not be allowed as they can look very ugly
If not constantly maintained.
I have tried to think of some of the things that should be
addressed in order that the neighbors of this development can feel
more comfortable with living next to it. I know that I have not
thought of all the things that could cause conflict.. I am asking
that the Mayor, City Council, Planning & Zoning Board, and City
Staff please think carefully about every aspect of this development
in order that it be of a quality that will be attractive for the
long term and will not unreasonalby affect nearby property owner's
quality of life.
Your kind attention to the matters set down in this letter is
appreciated.
Sincerely,
Eli abeth A. Gwin,
Homeowner and Taxpayer
January 10, 1995
City of Meridian
33 East Idaho Avenue
Meridian, ID 83642
To Whom It May Concern:
JAN 1 0 1995
C14A:ti i*►g.�y�sr�r��:
I reside at 1875 N. Locust Grove Road in Meridian. Several of my neighbors have received certified
letters informing them of the council meeting that will be held on January 10, 1994 regarding the
new development which will be located east of my home. For some unknown reason I did not
receive this letter. It is my understanding that I should be given proper notification since I am in
direct line of fire of this tragic development that will eventually eat up a portion of my front lawn
(not to mention the decreased value of our property, the increased noise volume and difficulty we
will experience in getting in and out of our driveway). I realize that growth cannot be stopped;
however, I would appreciate the courtesy of being properly notified by your office.
In the minutes for this evenings City Council meeting please make note that Charles H. and Mary
Z. Cahoon who reside at 1875 N. Locust Grove Road did not receive$ proper notification. Thank
you.
Sincerely,
Mary Z. Cahoon
Charles H. Cahoon
MZC
1]
9
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these Findings of
Fact and Conclusions this 714 day of 199,4S
COUNCILMAN MORROW
COUNCILMAN YERRINGTON
COUNCILMAN CORRIE
COUNCILMAN TOLSMA
MAYOR KINGSFORD (TIE BREAKER)
(INITIAL)
APPROVE
DISAPPROVED
VOTED
V
VOTED
VOTED �
VOTED
N
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
AVEST LIMITED PARTNERSHIP
CONDITIONAL USE PERMIT AT LOCUST GROVE ROAD AND FAIRVIEW AVENUE
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
January 10, 1995, at the hour of 7:30 o'clock p.m., the Petitioner
appearing through the Applicant's architect, Billy Ray Strite, the
Planning and Zoning Commission of the City of Meridian having duly
considered the evidence and the matter makes the following Findings
of Fact and Conclusions:
FINDINGS OF FACT
1. That a notice of a public hearing on the Conditional Use
Permit was published for two (2) consecutive weeks prior to the
said public hearing scheduled for January 10, 1995, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the January 10, 1995,
hearing; that the public was given full opportunity to express
comments and submit evidence; and that copies of all notices were
available to newspaper, radio and television stations.
2. That the property is located within the City of Meridian;
the property is described in the application which description is
incorporated herein.
3. That the property is zoned C -G, General Retail and
Service Commercial, which requires a conditional use permit for
AVEST DRIVE THROUGH BANK CONDITIONAL USE
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 1
drive through banking which the application requests and a
conditional use is required by the annexation and zoning Findings
of Fact and Conclusions of Law adopted by the City on this
property's annexation and zoning.
4. That the General Retail and Service Commercial District
is described in the Zoning Ordinance, 11-2-408 B. 11. as follows:
(C -G) General Retail and Service Commercial: The purpose
of the (C -G) District is to provide for commercial uses
which are customarily operated entirely or almost
entirely within a building; to provide for a review of
the impact of proposed commercial uses which are auto and
service oriented and are located in close proximity to
major highway or arterial streets; to fulfill the need of
travel -related services as well as retail sales for the
transient and permanent motoring public. All such
districts shall be connected to the Municipal Water and
Sewer systems of the City of Meridian, and shall not
constitute strip commercial development and encourage
clustering of commercial development.
5. That the use proposed by Applicant is a specifically
allowed conditional use in the Zoning Schedule of Use Control, 11-
2-409 B. and the property is being developed under a commercial
planned development process, as required by the annexation and
zoning Findings of Fact and Conclusions of Law.
6. That the property is at the corner of Locust Grove Road
and Fairview Avenue which is being developed as a commercial
planned development, in which there will be more business located;
that the parcel has street frontage on Fairview Avenue and Locust
Grove Road.
7. That Billy Ray Strite testified that all of the staff
comments were acceptable except the 55 decibel level suggested by
AVEST DRIVE THROUGH BANK CONDITIONAL USE
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 2
Shari Stiles; that the ambient road noise is greater than 55
decibels and the drive through would face Fairview Avenue.
8. That proper notice had not been given for the hearing
held on January 10, 1995, but subsequent notice was given, an
additional public hearing held on February 13, 1995, and additional
time for public testimony was afforded to those entitled to notice;
that proper notice has been given as required by law and all
procedures before the Planning and Zoning Commission have been
given and followed.
9. That sewer and water is available to the property, but
the property will have to comply with the commercial sewer and
water rates.
10. That the City Engineer, City Planning Director, City
Police and Fire Departments, Ada County Highway District (ACRD),
Central District Health Department, Idaho Power Company and Nampa -
Meridian Irrigation District submitted comments and they are
incorporated herein as if set forth in full.
11. That the City Engineer's comments were that all off-
street parking, landscaping, drainage, lighting, paving and
striping shall be in accordance with the standards set forth in 11-
2-414, all signage shall be in accordance with the standards set
forth in 11-2-415, that sewer and water would be by means of mains
that will be installed as part of the Avest Plaza Subdivision, that
assessments will be determined during building plan review, and a
late comers fee will also be charged.
AVEST DRIVE THROUGH BANK CONDITIONAL USE
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 3
12. That Planning and Zoning Administrator, Shari Stiles,
commented that the plan submitted appears to have adequate parking
spaces and stacking depth, that City ordinance requires a minimum
of one 3 inch caliper tree per 1,500 square feet of paved area,
that berming and landscape will be reviewed as part of the building
permit application, that design and placement of signs need to be
shown, that communications systems must not impact adjoining
properties, that telephones rather than loudspeakers are
encouraged, that it is recommended that 55 decibels not be
exceeded, and final ACHD and City requirements are to be addressed
during the building permit stage. She recommended that the
conditional use permit be approved subject to staff and agency
requirements.
13. That some of the site specific requirements of ACHD were
to dedicate 54 -feet of right-of-way from the centerline of Fairview
Avenue and 45 -feet of right-of-way from the centerline of Locust
Grove Road, construct curb, gutter and 7 -feet of sidewalk on Locust
Grove Road abutting the parcel, construct five -feet of sidewalk on
Fairview Avenue, pave an additional 12 feet on Fairview Avenue,
locate a signal at the site's eastern boundary, eliminate two of
the proposed access points on Fairview Avenue, align the souther
access point on Locust Grove Road with Carol Street, extend
Applewood Avenue to the proposed ring road, and construct all
access points as 30 -foot wide curb -return approaches with 15 -foot
radii.
AVEST DRIVE THROUGH BANK CONDITIONAL USE
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 4
14. That Elizabeth Gwin submitted written testimony; she
stated that the 1998 widening of North Locust Grove Road should be
taken into account by the plan, that the exit that is the first one
to the north of Carol Street should be eliminated, the lighting on
the buildings and in the parking area should be hooded and directed
away from the residential areas, the berms should be at least four
feet above the finished level of the parking areas and sidewalks,
the landscaping should be substantial enough to screen car lights,
lights from any doors or windows within view of the residential
area, there should be no intrusion of noise from loudspeakers of
from the bank drive by window, the business hours should be set so
as to coincide somewhat with the opening and closing of the other
businesses in the area, and that the buildings should be of
attractive and durable materials.
15. That, as a condition of annexation and the zoning of C-G
of the Applicant's property, Avest Limited Partnership was required
to enter into a development agreement as authorized by 11-2-416 L
and 11-2-417 D; that the development agreement included that Avest
establish a 35 foot landscaped setback required under the
Comprehensive Plan and landscaping the same; that the conditions
ran with the land and bound the applicant, Avest.
16. That in the annexation and zoning of Applicant's property
at Locust Grove Road and Fairview Avenue it was stated that the
berming and landscaping along Locust Grove Road would be two to
four feet high to retain automobile lights within the parking lots,
AVEST DRIVE THROUGH BANK CONDITIONAL USE
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 5
the berm/landscape area would be twenty feet wide the full length
of the shopping center, there would be extended and widened
landscaping at entrances on Fairview Avenue and Locust Grove Road,
and there would be landscape islands in parking sections per City
requirements; that the berming and landscaping at the possible
retirement center would be six to eight feet high and twenty feet
wide.
17. That in the information booklets submitted in the
annexation and zoning process of the parcel, the Applicant also put
forth a list of the benefits of a shopping center, including
providing physical improvements of additional widening of Locust
Grove, bike lanes, a minimum 20 foot landscaped berming along
Locust Grove, sidewalk along Locust Grove, preferably in the
berming, and modern landscaping and buffering.
18. The annexation and zoning was conditioned upon meeting
the requirements of paragraph 19 of the Conclusions adopted on the
annexation, which included the 35 foot landscaped set back; that
under the Meridian Comprehensive Plan, Fairview Avenue is an
entryway corridor. See Meridian Comprehensive Plan, COMMUNITY
DESIGN, Entryway Corridors, Page 72.
19. That Section 9-605 G, PLANTING STRIPS AND RESERVE STRIPS
states as follows:
Planting strips and reserve strips shall conform to the
following:
1. Planting Strips - Planting strips shall be required to be
placed next to incompatible features such as highways,
railroads, commercial or industrial uses to screen the
AVEST DRIVE THROUGH BANK CONDITIONAL USE
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 6
0 •
view from residential properties. Such screening shall
be a minimum of twenty feet (201) wide and shall not be
a part of the normal street right-of-way or utility
easement; .
20. That there was no testimony objecting to the application,
but there was written comment suggesting conditions.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property, now that the second notice was mailed and the additional
public hearing held.
2. That the City of Meridian has authority to grant
conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to
11-2-418 of the Revised and Compiled Ordinances of the City of
Meridian.
3. That the City of Meridian has authority to place
conditions on a conditional use permit and the use of the property
pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of the
Revised and Compiled Ordinances of the City of Meridian, Idaho.
4. That 11-2-418 C) of the Revised and Compiled Ordinances
of the City of Meridian sets forth the standards under which the
Planning and Zoning Commission and the City Council shall review
applications for Conditional Use Permits; that upon a review of
those requirements and a review of the facts presented and the
conditions of the area, the Planning and Zoning Commission
AVEST DRIVE THROUGH BANK CONDITIONAL USE
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 7
concludes as follows:
a. The use, would in fact, constitute a conditional use
and a conditional use permit is required by ordinance.
b. The use should be harmonious with and in accordance
with the Comprehensive Plan but the Zoning Ordinance
requires a conditional use permit to allow the use.
C. The use apparently would be designed and
constructed, to be harmonious in appearance with the
intended character of the general vicinity.
d. That the use would not be hazardous nor should it be
disturbing to existing or future neighboring uses.
e. The property has sewer and water service available.
f. The use would not create excessive additional
requirements at public cost for public facilities and
services and the use would not be detrimental to the
economic welfare of the community.
g. The use would not involve a use, activity, process,
material, equipment or conditions of operation that would
be detrimental to person, property or the general welfare
by reason of excessive production of traffic or noise.
h. That sufficient parking for the property and the
proposed use will be required.
i. The development and use will not result in the
destruction, loss or damage of a natural or scenic
feature of major importance.
5. That all ordinances of the City of Meridian must be met,
including but not limited to, the Uniform Building Code, Uniform
Fire Code, Uniform Plumbing Code, Uniform Electrical Code, the
Uniform Mechanical Code, the Fire and Life Safety Code, all parking
and landscaping requirements.
6. That the comments of the City Engineer, Planning and
Zoning Administrator, City Planning Director, City Police and Fire
Departments, Ada County Highway District (ACHD), Central District
AVEST DRIVE THROUGH BANK CONDITIONAL USE
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 8
Health Department, Idaho Power Company and Nampa -Meridian
Irrigation District submitted comments, must be complied with.
7. That, also as a condition of the conditional use permit,
a landscape plan must be submitted to the Planing and Zoning
Administrator; at a minimum it must provide for thirty-five feet
along Fairview Avenue and twenty feet along Locust Grove Road of
landscaping setback; also along Locust Grove Road the landscape
plan.must provide at least a solid four foot high berm or masonry
fence along Locust Grove Road, measured from the highest point of
the parking lot of the entire development, except where roadway
entrances are planned for entrance into, and exit from, the parking
lot, and except that the berm or fence shall only be two (2) feet
high at the intersection of Fairview Avenue and Locust Grove Road
and shall remain two (2) feet high along Locust Grove Road from the
intersection to a point which is one hundred feet north of Fairview
Avenue and then it may gradually increase to four (4) feet in
height to the point which is directly east of the north end of the
commercial lot on the northwest corner of the intersection of
Fairview and Locust Grove Road; that except for entrances into the
parking, the berm or fence shall be four (4) feet high across from
Doris Subdivision; that the landscape plan must provide for
protection of Doris Subdivision from light, noise, vibration, odor,
and/or glare, for bike lanes, sidewalk along Locust Grove in the
berming, and modern landscaping and buffering, as represented by
Avest in the annexation and zoning process.
AVEST DRIVE THROUGH BANK CONDITIONAL USE
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 9
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER HEPPER
COMMISSIONER ROUNTREE
COMMISSIONER SHEARER
_COMMISSIONER ALIDJANI
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED
VOTED
VOTED t
VOTED
VOTED
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends
to the City Council of the City of Meridian that they approve the
Conditional Use Permit requested by the Applicant for the property
described in the application with the conditions set forth in the
Findings of Fact and Conclusions of Law.
MOTION:
APPROVED
DISAPPROVED:
AVEST DRIVE THROUGH BANK CONDITIONAL USE
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 10
0
Meridian Planning & Zoning Commission
January 10, 1995
Page 23
(Inaudible)
Johnson: No, I think she just said that (inaudible) prior to the meeting 1 think is what she
said. Okay, at this point then I will close the public hearing. What is your pleasure, I
would like the Commission to consider the staffs comments particularly Shari Stiles with
respect to the last point in her letter.
(Inaudible)
Crookston: I think you should table it if for no other reason then to find out what is going
on with ACHD.
Rountree: I think that is probably the best way to handle that to find out what ACHD's
comments are going to be.
Johnson: I think they are extremely important to this development.
Rountree: If nobody else has any discussion on that Mr. Chairman I move that we table
this item until (inaudible) ACHD on access into the proposed subdivision.
Hepper: Second
Johnson: We have a motion and a second that this item be tabled until we can incorporate
written testimony from the upcoming, I think it is Thursday evening, is it Thursday evening?
Sale: (Inaudible)
Johnson: Well it is one of those 2 evenings thank you Larry, anyway we need a vote on
the motion, all those in favor of the motion? Opposed?
MOTION CARRIED: All Yea
ITEM #7: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW
A 3,000 SQUARE FOOT DRIVE-THRU BANKING FACILITY BY AVEST LIMITED
PARTNERSHIP:
Johnson: I will now open that public hearing. At this time I would invite the applicant to
come forward or a representative if they would like to address the Commission on the
application.
Billy Ray Strite, 1087 River Street, Boise, was sworn by the City Attorney.
•
Meridian Planning & Zoning Commission
January 10, 1995
Page 24
Strite: Mr. Chairman, members of the Commission, Billy Ray Strite here on behalf of
Dakota Development as well as Key Bank. I have before me the staff report dated January
8, 1995, 1 have reviewed the comments that Shari has made and have only one comment
to make relative to those comments. We find them all to be acceptable. I would like to
comment however on item #4 about the 55 decibels on the drive-thru. There has been
some comment made relative to noise to the adjacent neighborhood. I think I should make
note that the drive thru actually faces Fairview and that the ambient road noise is greater
than 55 decibels. I think that is the only comment that I would like to make. We actually
located that drive-thru such that it would be on the corner and away from the
neighborhood. 1 think with that until we get item #5 squared away I would ask that this be
approved condition on item #5 which would take place next Thursday. Any questions that
you may have?
Johnson: Any questions of Mr. Strite?
Crookston: I just have one, you are referring to the Avest Preliminary Plat you are not
referring to the Callison Partnership are you? Number 5 is the Callison Partnership.
Strite: I'm sorry sir I am referring to item #5 on Shari's letter relative to final ACHD
requirements.
Crookston: Thank you
Johnson: Thank you, this is a public hearing anyone else like to address the Commission
on the drive-thru bank? Seeing no one and hearing no one 1 will close the public hearing.
Rountree: I have a question for counsel can we take action on this until (inaudible)?
Crookston: You can because the prior matter, the resolution of that is information that you
need probably to make this decision.
Johnson: So the answer is no.
Crookston: The answer is you can table it for further information.
Rountree: We can't take action on this until we resolve item #6?
Crookston: You could but it would appear to me to be appropriate to know what is going
to happen with the preliminary plat.
Johnson: What is your pleasure?
Meridian Planning & Zoning Commission
January 10, 1995
Page 25
Rountree: Mr. Chairman I move we table this item until we resolve the subdivision plat for
Avest.
Shearer: Second
Johnson: We have a motion and a second to table this item until we resolve item #6 on
our agenda with the plat for Avest, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #8: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW
AN APPROXIMATELY 172,000 SQUARE FOOT RETAIL/GROCERY STORE BY FRED
MEYER, INC.:
Johnson: I will now open the public hearing. And I would invite the applicant or
representative to come forward and address the Commission if he wishes to do so.
Larry Durkin, 2936 Waterbury Place, Boise, was sworn by the City Attorney.
Durkin: We were prepared for a full blown presentation on this item as well. But if you are
going to table it for action at another time we would be willing to delay that presentation
until another time. I guess I am looking for guidance here.
Johnson: Well it might be prudent to do that.
Crookston: We need to accept testimony.
Johnson: We can't close it, anybody here that came to speak on this issue is certainly
welcome to do so.
Dave Husk, P.O.. Box 25606, Portland, Oregon, was sworn by the City Attorney.
Husk: I am here tonight to answer questions on this development. We have been working
with Avest and with the City for approximately the last 7 months in designing the site and
the plan and working with local engineer to develop the best product for this market. As
far as the questions that were brought up this evening, I do have a number of overhead
aerials that we can use to demonstrate and address some of the questions that have been
raised if that is appropriate. The lighting is one issue and the site plan and landscaping
that we have used earlier if that would be helpful.
Johnson: That would be fine as long as you realize that anything presented before the
SI�DIVISION EVALUATIOIWHEET
Proposed Development Name AVEST PLAZA City MERIDIAN
Date Reviewed 1/5/95 Preliminary Stage XXXXX Final
Engineer/Developer Pacific Land Surveyors / Avest Limited Partnership
The Street name comments listed below are made by the members of the ADA COUNTY
STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this
development in accordance with the Boise City Street Name Ordinance.
The following existing street names shall aaoear on the plat as:
"E. FAIRVIEW AVENUE"
"N LOCUST GROVE ROAD"
The following new street name is armroved and shall aoaear on the plat as:
"E. AVEST LANE"
The above street name comments have been read and approved by the following agency
representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures
must be secured by the representative or his designee in order for the street names to be
officially approved.
ADA COUNTY STREET NAME COMMITTE"GENCY REPR ENTATWES OR DESIGNEES
Ada County Engineer John Priester
Ada Planning Assoc. Terri Ray
Meridian Fire District Representative
Date S `�
Date
% ,
J.Date
NOTE: A copy of this evaluation sheet must be presented to the Aida County Engineer at the
time of signing the "final plat", otherwise the plat will not be signed !!!!
Sub Index Street Index
NUMBERING OF LOTS AND BLOCKS oK r 7S�
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APPROXIMATE SCALE: 1"=300'
March 1, 1994
Mayor Kingsford
Meridian City Council
Re: PROPOSED SHOPPING CENTER AT FAIRVIEW & NORTH LOCUST GROVE
My name is Robert Moore. I have a home at 1835 North Locust
Grove Road, directly across the street from the proposed center.
Our home sets on one-half acre. My wife and I have lived
there for 23 years raising a family of four children. We nave
spent the majority of our adult lives working to improve our
property and home.
This is not meant as an attack on the City Council or
Planning Commission, but rather a plea from ourselves and this
neighborhood to reject this application based on the following
facts:
Effects of existing growth and traffic have already
tremendously effected our lives, and if that isn't enough, we are
now being asked to make additional sacrifices to accommodate a
development that will further degrade our neighborhood, o:Tr
property values and our quality of life.
Our neighbors have lost the sale of their home just ::y word
of the development. In addition, their property value is now 6%
lower. I now see other homes in the area up for sale, ho:).es
whose families are leaving because of this proposed center. What
a sad day it is for this neighborhood and the city of Meridian.
Traffic in front of our home is already a major safety
problem. We have been strangled from access to our prope-,ty and
virtually forced out of our front yard by traffic speed and
noise.
A.C.H.D. is now proposing additional widening to our street
which will further encroach on our property. A large part of
traffic planning is based on myth and incorrect assumptions.
Example: Idaho Athletic Club on Fairview, the traffic generated
by that facility creates a tremendous parking and traffic safety
problem, even though Fairview has five lanes.
0
Page -2-
Traffic planners are not planners at all, they are traffic
facilitators or road builders. It is proven that bigger roads
simply fill within capacity within a year or two, which results
in the planners congratulating themselves. I challenge the
Commission to insist on traffic calming for this area. A.C.H.D.
is now doing traffic calming studies for many areas in Boise that
have felt the effects of their so-called traffic planning.
Widening roads on North Locust Grove is like loosening your
belt as you gain weight. A.C.H.D. and the city of Meridian is
not dealing with the real problem. We must have plans for
traffic calming in this area.
Shopping center is not compatible with this neighborhood
area for the following reasons:
The majority, if not all of existing home owners, are very
much opposed.
Increased noise from parking lot sweepers, snow removal
equipment, boom boxes, public address systems, garbage and
delivery trucks.
Crime. The city of Meridian Police Department, up until
January of this year, has kept a pin map showing various crime
and traffic accidents. The Cherry Plaza Shopping Center area was
completely full of pins for theft, assault, traffic accidents,
vagrants and various other crimes, including possible gang
activity. The proposed center is considerably larger and would
generate much more crime and traffic.
Glare of lighting from automobiles, signs and the parking
lot will be shining directly into our homes.
During Planning Commission's review of this applicat.'.on,
there was considerable opposition shown by the neighborho,:)d and
other citizens. We were absolutely appalled by the attitude of
the Commission and its chairman, Mr. Johnson. He boasts �)f not
being an elected official, answers seemingly to no one and takes
great pleasure in his arrogant, intimidating, abrasive attitude
towards anyone that comes before the Planning Commission. I also
would like to add that Mr. Johnson does not even live in the city
of Meridian.
The comprehensive plan states that any new development
cannot reduce the quality of life or devalue the property of any
residence. It also states that the public should be aware,
involved and supportive of the city's planning decisions.
We are aware, we are involved and we as a neighborhood are
opposed to this type of development.
Page -3-
There seems to be a mind set that this project is going
through regardless of the so-called findings of fact, and
regardless of neighborhood opposition and regardless of
alternatives.
Approval of this shopping center is an injustice, it is our
quality of life, our home, the value of our property and our
right to exist as a peaceful neighborhood that is at stake.
No person or group has the right to increase their worth and
well being at the expense of another person's property and
quality of life. This shopping center proposal will do both.
Alternatives: Meridian already has a lot of property set
aside for commercial development in areas that do not impact
established homes and neighborhoods. Those areas are shown on
your comprehensive plan and would be ideal for a shopping center.
Please do not force us out of our homes by approving this
application.
Ree full ,
Robert & Jean Moore
1835 North Locust Grove Rd.
Meridian, ID 83642
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ARCHITECTS El ::I-
James and Andrea Terry Theodore and Laurie Roy Harold and Margaret Butler
2080 N Sequoia Place 2043 N Whittier Place 2067 N Applewood Place
Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642
Robert and Rachel Montgomery
2062 N Whittier Place
Meridian, Idaho 83642
Robert and Maureen Wignot
2059 N Whittier Place
Meridian, Idaho 83642
Wade and Nancy Miller
2005 E Oakcrest Drive
Meridian, Idaho 83642
James and Norreen Stipp
2005 Applewood
Meridian, Idaho 83642
Douglas and Colleen Bowman
2056 N Whittier Place
Meridian, Idaho 83642
Mark and Nancy Campbell -Adams
2072 N Sequoia Place
Meridian, Idaho 83642
Daniel and Sharon Sears
1885 E Oakcrest Drive
Meridian, Idaho 83642
Charles Harvey and Karin Hagan
P.O. Box 541
Meridian, Idaho 83642
Barry and Elizabeth Gwin
1515 E Carol
Meridian, Idaho 83642
Craig and Marcy Dugger
2044 N Applewood Place
Meridian, Idaho 83642
Kenneth Alverson
1785 E Oakcrest Drive
Meridian, Idaho 83642
Beehives Homes, Inc.
1406 E 1st Street, #212A
Meridian, Idaho 83642-1746
James and Isabella Spagnoletti
2053 N Whittier Place
Meridian, Idaho 83642
John and Davalee Leavitt
1985 E Oakcrest Drive
Meridian, Idaho 83642
Steven and Susan Hook
1805 E Oakcrest Drive
Meridian, Idaho 83642
Robert Higgins
2064 N Applewood Place
Meridian, Idaho 83642
John and Sandra Louallo
1694 E Oakcrest Drive
Meridian, Idaho 83642
Ted and Tressie Snodgrass
2030 E Fairview
Meridian, Idaho 83642
! —f3 -R S
Charles and Barbara Wright
2046 N Whittier
Meridian, Idaho 83642
Terry McCarthy
2048 N Whittier Place
Meridian, Idaho 83642
Patrick and Candilee Gittings
2051 Applewood Court
Meridian, Idaho 83642
Shelby and Margaret Rama
1905 E Oakcrest Drive
Meridian, Idaho 83642
Michael and Ella Malone
1715 Oakcrest Drive
Meridian, Idaho 83642
Clark and Margarett Burkett
2041 N Applewood Place
Meridian, Idaho 83642
Robert Koga
1965 E Oakcrest Drive
Meridian, Idaho 83642
Robert Crandlemire
1400 Floating Feather Road
Eagle, Idaho 83616
Ralph Vanpaepegham
1490 E Carol
Meridian, Idaho 83642
40,u6 . U SF-
Pine Street Developments Eileen Allison Lawrence Tuckness
12002 Fiddler Drive 1935 E Carol 1915 E Fairview
Boise, Idaho 83704 Meridian, Idaho 83642 Meridian, Idaho 83642
Monty and Kimberlee Border Grant and Carol Richards Robert and Joyce Kay Davis
1915 N Locust Grove 2010 N Locust Grove 1805 N Locust Grove
Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642
Adrian Mansayon and Cheri Brent and Luana Barrus
Corder Cicil and Linda Powell 5720 W Overland
1555 E Carol 1710 Oakcrest Drive Meridian, Idaho 83642
Meridian, Idaho 83642 Meridian, Idaho 83642
John and Arlene Killilee William Wylie West Side Bible Chapel
2055 N Sequoia Place 1930 E Carol 2040 E Fairview
Meridian, Idaho 83642 Meridian, Idaho 83642 Boise, Idaho 83707-0000
Richard and Thelma Bross Eugene and Lynette Beck Chuck and Mary Cahoon
1975 N Locust Grove 1872 E Carol 1875 N Locust Grove
Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642
Lloyd and Margaret Murray Doyle and Rosalie Nally Phillip Ferguison
1970 Carol 1620 E Oakcrest Drive 1835 N Locust Grove
Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642
Carolyn Haynes John and Susan Janson Jerry Lee and Kathy Everhart
1560 E Carol 2100 N Amethyst 1668 E Oakcrest Drive
Meridian, Idaho 83642-0504 Meridain, Idaho 83642 Meridian, Idaho 83642
Bradley and Carol Foster Mark and Julie Osterhout Michael and Cheryl O'Hara
2120 N Amethyst 1740 E Oakcrest Drive 2140 N Amethyst
Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642
Val and Sheila Larsen David Leader Mark and Wendy Haustveit
2075 N Sequoia Place 110 Parkway Drive 2098 N Amethyst
Meridian, Idaho 83642 Boise, Idaho 83706 Meridian, Idaho 83642
Dennis and Donnarae Hicks James and Amiletta Boyd Karen Blayney
3018 S Whitepost 3018 S Whitepost 2000 N Applewood
Eagle, Idaho 83616 Eagle, Idaho 83616 Meridian, Idaho 83642
0
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and
the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of
Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, at the hour of 7:30 p.m., on February 14, 1995, for the purpose of
reviewing and considering the Application of Avest Limited Partnership, for a Conditional
Use permit for land located in the SW 1/4 of the SW 1/4 of Section 5, T. 3N, R.1 E, Boise,
Meridian, Ada County, Idaho, and which property is generally located on the Northwest
comer of Locust Grove and Fairview Avenue. The Application requests a Conditional Use
Permit to provide 3,000 square foot drive-thru banking facility.
A more particular legal description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during
regular business hours.
A copy of the Application is available upon request. Any and all interested persons
shall be heard at said public hearing and the public is welcome and invited to submit
testimony.
Dated this 23rd day of January, 1995.
WILLIAM G. BERG, JR., CITY CLERK
•
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and
the Laws of the State of Idaho, that the Planning and, Zoning Commission of the City of
Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, at the hour of 7:30 p.m., on January 10, 1995, for the purpose of
reviewing and considering the Application of Avest Limited Partnership, for a Conditional
Use permit for land located in the SW 1/4 of the SW 1/4 of Section 5, T. 3N, R.1 E, Boise,
Meridian, Ada County, Idaho, and which property is generally located on the Northwest
comer of Locust Grove and Fairview Avenue. The Application requests a Conditional Use
Permit to provide 3,000 square foot drive-thru banking facility.
A more particular legal description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during
regular business hours.
A copy of the Application is available upon request. Any and all interested persons
shall be heard at said public hearing and the public is welcome and invited to submit
testimony.
Dated this 19th day of December, 1994.
WILLIAM G. BERG, JR., CITY KERK
James and Andrea Terry
2080 N Sequoia Place
Meridian, Idaho 83642
Robert and Rachel Montgomery
2062 N Whittier Place
Meridian, Idaho 83642
Robert and Maureen Wignot
2059 N Whittier Place
Meridian, Idaho 83642
Wade and Nancy Miller
2005 E Oakcrest Drive
Meridian, Idaho 83642
James and Norreen Stipp
2005 Applewood
Meridian, Idaho 83642
Douglas and Colleen Bowman
2056 N Whittier Place
Meridian, Idaho 83642
Mark and Nancy Campbell -Adams
2072 N Sequoia Place
Meridian, Idaho 83642
Daniel and Sharon Sears
1885 E Oakcrest Drive
Meridian, Idaho 83642
Charles Harvey and Karin Hagan
P.O. Box 541
Meridian, Idaho 83642
Barry and Elizabeth Gwin
1515 E Carol
Meridian, Idaho 83642
10
Theodore and Laurie Roy
2043 N Whittier Place
Meridian, Idaho 83642
Craig and Marcy Dugger
2044 N Applewood Place
Meridian, Idaho 83642
Kenneth Alverson
1785 E Oakcrest Drive
Meridian, Idaho 83642
Beehives Homes, Inc.
1406 E 1st Street, #212A
Meridian, Idaho 83642-1746
James and Isabella Spagnoletti
2053 N Whittier Place
Meridian, Idaho 83642
John and Davalee Leavitt
1985 E Oakcrest Drive
Meridian, Idaho 83642
Steven and Susan Hook
1805 E Oakcrest Drive
Meridian, Idaho 83642
Robert Higgins
2064 N Applewood Place
Meridian, Idaho 83642
John and Sandra Louallo
1694 E Oakcrest Drive
Meridian, Idaho 83642
Ted and Tressie Snodgrass
2030 E Fairview
Meridian, Idaho 83642
•
1_E
Harold and Margaret Butler
2067 N Applewood Place
Meridian, Idaho 83642
Charles and Barbara Wright
2046 N Whittier
Meridian, Idaho 83642
Terry McCarthy
2048 N Whittier Place
Meridian, Idaho 83642
Patrick and Candilee Gittings
2051 Applewood Court
Meridian, Idaho 83642
Shelby and Margaret Rama
1905 E Oakcrest Drive
Meridian, Idaho 83642
Michael and Ella Malone
1715 Oakcrest Drive
Meridian, Idaho 83642
Clark and Margarett Burkett
2041 N Applewood Place
Meridian, Idaho 83642
Robert Koga
1965 E Oakcrest Drive
Meridian, Idaho 83642
Robert Crandlemire
1400 Floating Feather Road
Eagle, Idaho 83616
Ralph Vanpaepegham
1490 E Carol
Meridian, Idaho 83642
Pine Street Developments 0 Eileen Allison •
12002 Fiddler Drive 1935 E Carol
Boise, Idaho 83704 Meridian, Idaho 83642
Monty and Kimberlee Border Grant and Carol Richards
1915 N Locust Grove 2010 N Locust Grove
Meridian, Idaho 83642 Meridian, Idaho 83642
Adrian Mansayon and Cheri
Corder Cicil and Linda Powell
1555 E Carol 1710 Oakcrest Drive
Meridian, Idaho 83642 Meridian, Idaho 83642
John and Arlene Killilee William Wylie
2055 N Sequoia Place 1930 E Carol
Meridian, Idaho 83642 Meridian, Idaho 83642
Richard and Thelma Bross Eugene and Lynette Beck
1975 N Locust Grove 1872 E Carol
Meridian, Idaho 83642 Meridian, Idaho 83642
Lloyd and Margaret Murray
Doyle and Rosalie Nally
1970 Carol
1620 E Oakcrest Drive
Meridian, Idaho 83642
Meridian, Idaho 83642
Carolyn Haynes
John and Susan Janson
1560 E Carol
2100 N Amethyst
Meridian, Idaho 83642-0504
Meridain, Idaho 83642
Bradley and Carol Foster
2120 N Amethyst
Meridian, Idaho 83642
Val and Sheila Larsen
2075 N Sequoia Place
Meridian, Idaho 83642
Mark and Julie Osterhout
1740 E Oakcrest Drive
Meridian, Idaho 83642
David Leader
110 Parkway Drive
Boise, Idaho 83706
Lawrence Tuckness
1915 E Fairview
Meridian, Idaho 83642
Robert and Joyce Kay Davis
1805 N Locust Grove
Meridian, Idaho 83642
Brent and Luana Barrus
5720 W Overland
Meridian, Idaho 83642
West Side Bible Chapel
2040 E Fairview
Boise, Idaho 83707-0000
Chuck and Mary Cahoon
1875 N Locust Grove
Meridian, Idaho 83642
Phillip Ferguison
1835 N Locust Grove
Meridian, Idaho 83642
Jerry Lee and Kathy Everhart
1668 E Oakcrest Drive
Meridian, Idaho 83642
Michael and Cheryl O'Hara
2140 N Amethyst
Meridian, Idaho 83642
Mark and Wendy Haustveit
2098 N Amethyst
Meridian, Idaho 83642
Dennis and Donnarae Hicks James and Amiletta Boyd Karen Blayney
3018 S Whitepost 3018 S Whitepost 2000 N Applewood
Eagle, Idaho 83616 Eagle, Idaho 83616 Meridian, Idaho 83642
Gordon and Margaret Wood Allan and Joyce Chandler • K-2 Construction Inc.
P.O. Box 422 1945 E Oakcrest 600 N Curtis Road #145
Meridian, Idaho 83680 Meridian, Idaho 83642 Boise, Idaho 83706
D and B Supply
3303 E Linden
Caldwell, Idaho
Russell Barger
1372 W Kirma Street
83685 Meridian, Idaho 83642
Steve and Leann Stiles
2050 N Sequgia
Meridian, Idaho 83642
Daniel and Debbie Hardee
2054 N Applewood
Meridian, Idaho 83642
John or Blace Snow
1640 E Oakcrest Drive
Meridian, Idaho 83642
Rick and Brenda Lewis
1820 E Oakcrest Drive
Meridian, Idaho 83642
Ruth Johnson
1765 E Oakcrest Drive
Meridian, Idaho 83642
Wayne and Victoria Prescott
1770 E Oakcrest
Meridian, Idaho 83642
Daniel and Judy Hardee
2054 N Applewood
Meridian, Idaho 83642
Don Bryan
2070 N Locust Grove
Meridian, Idaho 83642-1826
CCENTRAL • •
DISTRICT
HEALTH
DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL • BOISE, ID. 83704-0825 • (208) 315.5211 a 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.
STORMWATER MANAGEMENT RECOMMENDATIONS
We recommend that the first one half inch of stormwater be pretreated through a grassy swale
prior to discharge to the subsurface to prevent impact to groundwater and surface water quality.
The engineers and architects involved with the design of this project should obtain current best
management 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) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of
Washington Department of Ecology, February 19892
2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND
SITE DRAINAGE MANAGEMENT
3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK
Prepared by Camp Dresser and McKee, Larry Walker Assoc., Uribe and Assoc.,
Resources Planning Assoc., for the Stormwater Quality Task Force
4) URBAN STORM DRAINAGE CRITERIA MANUAL
Volume 3, Best Management Practices
Stormwater Quality
Urban Drainage and Flood Control District, Denver, Colorado
Serving Valley, Elmore, Boise, and Ada Counties
Ada /lase Coady Office
WIC loin . Meddiaa
Elmore Coady Office
Elmore Coady OMCS
707 N. Amutrong PI.
1606 pow st.
520 E. 81h Street N.
d EmironmeMd Heath
Bose. 0. 83704-0/25
Bose. 0. 93705
Momtan Home. 0.
190 S. 41h Shvt E
Ernw. Healm 327.1499
Ph. 334-M
83641 Ph 587.4407
Mountan Home. 10.
Forr* PlornV 327.7400
324 Menow Rd.
83647 PK 581.9225
ms, malas 327.7450
Mendion. 0. 83642
Wh ton! 327.1460
Ph. 888-0525
WIC; 327-7488
Valley Coady office
P.O. Bos 1448
WCol.10. 83638
Ph. 6341194
0
•
V ki
JAMES E. BRUCE, President
SHERRY R. HUBER, Vice President
July 6, 1995
SUSAN S. EASTLAKE, Secretary
TO: Avest
9647 Pebblebrook Lane
Boise ID 83703
FROM: Karen Gallagher, Coordinato
Development Services Divisi
SUBJECT: MCU -10-95 Fairview e/o Locust Grove Commercial Pad/Avest Sub
Your application for the above referenced project was acted on by the Commissioners of the Ada
County Highway District on July 5, 1995. The attached staff report lists conditions of approval
and street improvements which are required.
If you have any questions, please feel free to call me at 345-7680.
KG
cc: Development Services
Chron
John Edney
Chuck Rinaldi
City of Meridian
ada county highway district
318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680
AD*-OUNTY HIGHWAY ATRICT
Development Services Division
Preliminary Report
MCU -10-95 - Commercial pad/Avest Subdivision
Fairview e/o Locust Grove, City of Meridian
The applicant is requesting conditional use approval to construct a 6,000 -square foot multi -
tenant commercial pad with two drive-thru windows. The 0.73 -acre site is located on
Fairview Avenue approximately 700 -feet east of Locust Grove Road in the Avest Plaza. This
development is estimated to generate 3,500 additional vehicle trips per day as a stand alone
project; as part of a shopping center, the net impact of the site is less.
Roads impacted by this development:
Fairview Avenue - Principal arterial with bike route designation
- Traffic count 18,561 (APA estimate 1993)
MCU 1095
- a
s
RS IMIRAO ME�D� fTL
I f(( jjll 1'II � Ilrr
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O
s PROPOSED W Rq
co
x ° SUBDIVISION
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FAINVIEW AVENUE '
L r� - -• � it �
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C-3. C -G f RTI
PLEASANT VALLEY SUBDIVISION Y
ACHD Commission Date- July 5, 1995 - 12:UU p.m.
0
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11
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•
this proposed development.
•
F. This application is scheduled for a public hearing by the Meridian Planning and Zoning
Commission on July 11, 1995.
The following requirements are provided to Meridian City as conditions for approval:
Site Specific Requirements:
Access to Fairview Avenue is prohibited except as approved in the preliminary plat approval
of Avest Subdivision.
2. Access to the pad from the internal driveways shall be located a minimum of 65 -feet north of
the back of curb on Fairview Avenue.
3. Restrict the parking stalls at the southwest corner of the pad to employees only.
If this site is developed prior to the final plat approval of Avest Subdivision, the following
applicable requirements of Avest Plaza will be required:
4. Construct a 5 -foot wide concrete sidewalk on Fairview Avenue abutting parcel. Coordinate
location of sidewalk with District staff.
5. Dedicate 54 -feet of right-of-way from the centerline of Fairview Avenue abutting parcel.
The owner will be compensated for this additional right-of-way from available impact fee
revenues in this benefit zone.
6. Provide pavement tapers for acceleration and deceleration at approved access points in
accordance with District standards. Coordinate with the District's Traffic Services
Department. This is a project related requirement and the developer will not be compensated
for this cost.
7. Provide a deposit to the Public Rights -Of -Way Trust Fund for the future construction of a
raised median to control the left turn movements of driveway "C" . The District will install
the median when warranted. Driveway "C" shall align with the approved driveways on the
south side of Fairview Avenue. Driveway "D" shall be located 190 -feet east of driveway
"C" as measured from near edge of pavement to near edge of pavement.
Standard Requirements:
1. A request for modification, variance or waiver of any requirement 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 and minimum fee of $110.00.
MCU -10-95
Page 3
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.
DENNIS J. SUMMERS, Parka Supt.
SHARI S. STILES, P S Z Adm.
KENNETH W. BOWERS, Fire Chief
W,L . "BILL" GORDON, Police 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 a FAX (208) 887-4813 � � � � p �Up � ®
Public Works/Building Department (708) 887-2211
GRANT P. KINGSFORD #I
Mayor J U N 1995
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P 6 Z COMMISSION
JIM JOHNSON, Chairman
MOE ALIDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
NAMPA & MERIDIAN
IRRIGATION DISTRICT
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: July 11 1995
TRANSMITTAL DATE: 6/20195 HEARING DATE: 7/11/95
REQUEST: Conditional Use Permit to construct 6,000 sq ft multi -tenant retail pad
BY: Avest Limited Partnership
LOCATION OF PROPERTY OR PROJECT: Lot 5 Block 1 of Avest Plaza
JIM JOHNSON, P/Z
MERIDIAN SCHOOL DISTRICT
MOE ALIDJANI, P/Z
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
JIM SHEARER, P/Z
ADA COUNTY HIGHWAY DISTRICT
CHARLES ROUNTREE, P/Z
ADA PLANNING ASSOCIATION
TIM HEPPER, P/Z
CENTRAL DISTRICT HEALTH
GRANT KINGSFORD, MAYOR
NAMPA MERIDIAN IRRIGATION DISTRICT
RONALD TOLSMA, C/C
SETTLERS IRRIGATION DISTRICT
BOB CORRIE, C/C
IDAHO POWER CO.(PRELIM & FINAL PLAT)
WALT MORROW, C/C
U.S. WEST(PRELIM & FINAL PLAT)
MAX YERRINGTON, C/C
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
WATER DEPARTMENT
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
SEWER DEPARTMENT
CITY FILES
BUILDING DEPARTMENT
OTHER:
FIRE DEPARTMENT
YOUR CONCISE REMARKS: All laterals and waste ways
DEPARTMENT
must be protected. Municipal surface drainage must
_POLICE
CITY ATTORNEY
be retained on site. If any surface drainage leaves
CITY ENGINEER
the site, Nampa & Meridian Irrigation District must
PLANNER
review drainage plans. It is recommended that
_CITY
irrigation water be made available
to all developments within this District.
Nampa & Meridian Irrigation
District requires that a Land Use Change Site
Development application be
filed for review prior to final platting. Contact
Donna Moore at 343-1884 or
466-7861 for further information.
Bill Henson Assistant Water Superintenden
Nampa & Meridian Irrigation District
JR 10 S`35
CITY 01= tAn""R A,
l
7 July 1995
0 •
Avest
9647 Pebblebrook Lane
Boise, ID 83703
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-888-6201
Phones: Area Code 208
OFFICE: Nampa
466-7861
Boise
343-1884
SHOP: Nampa
466-0663
Boise
345-2431
RE: Land Use Change Application for Lot 5 Block 1 Avest Plaza
Dear Avest:
Enclosed please find a Land Use Change Application for your use to
file with the Irrigation District for its review on the above -
referenced development.
If you have any questions concerning this matter please feel free
to call on Donna Moore at the District's office or John Anderson,
the District's Water Superintendent at the District's shop.
Sincerely,
DAREN R. COON, SECRETARY/TREASURER
NAMPA & MERIDIAN IRRIGATION DISTRICT
DRC/dnm
cc: File
ater Superintendent
.11"City of Meridian
enc.
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
U
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.
DENNIS J. SUMMERS, Parka Supt.
SHARI S. STILES, P & Z Adm.
KENNETH W. BOWERS, Fire Chief
W. L. "BILL" GORDON, Police 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 (708) 888-4433 0 FAX (208) 88713813
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P 6 Z COMMISSION
JIM JOHNSON, Chairman
MOE ALIDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
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: July 11, 1995
TRANSMITTAL DATE: 6/20/95 HEARING DATE: 7/11/95
REQUEST: Conditional Use Permit to construct 6,000 sq. ft. multi -tenant retail pad
BY: Avest Limited Partnership
LOCATION OF PROPERTY OR PROJECT: Lot 5. Block 1 of Avest Plaza
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
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
OTHER:
YOUR CONCISE REMARKS:
CITY ATTORNEY T/t w"lc. �✓� �r e W A- �' ¢'
_CITY ENGINEER
CITY PLANNER 11q .-,j v1S i2e g u r 2,En,-y
A !1J D 114 r� •✓ W i L L iy _,e. to 4.c.90 reN 5
Ui`'22 1
CCENTRAL CE
C,
DISTRICT piHEALTH
DEPARTMENT
L DISTRICT HEALTH DEPA
Environmental Health Division
ENT
y Return to:
Rezone # Qf4 OF
Conditional Use #
Preliminary / Final / Short Plat ltlo L7 T RE77yL f�H)
AAES-7- Z-119`11- FW Oil ' sti,p ,
/- 0-7-,S- Z3 / Ay'eL -: /2z"f- Z'+
❑ Eloise
❑ Eagle
❑ Garden city
.Meridian
❑ Kuna
❑ ACz
❑
I.
We have No Objections to this Proposal.
❑
2.
We recommend Denial of this Proposal.
❑
3.
Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
❑
4.
We will require more data concerning soil conditions on this Proposal before we can comment.
❑
5.
Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of-
❑ high seasonal ground water
❑ 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.
This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
8.
After written approval from appropriate entities are submitted, we can approve this proposal for:
Aff-central sewage ❑ community sewage system ❑ community water well
❑ interim sewage PF -central water
❑ individual sewage ❑ individual water
❑
9.
The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
❑ central sewage ❑ community sewage system ❑ community water
❑ sewage dry lines ❑ central water
10.
Street Runoff is not to create a mosquito breeding problem.
❑
1 I.
Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules.
❑ Groundwater Protection
❑
12.
This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
❑
13.
If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
❑
14.
We will require plans be submitted for a plan review for any:
❑ food establishment ❑ swimming pools or spas ❑ child care center
I5.
❑ beverage establishment ❑ grocery store
JZdPA044-14!1K /4??A-N.464rHe-T- (�W1i3-'W%+ jS 1*7727"t-I*Z). Date: /7'31�r—
Reviewed By:
CDHD 10/91 rcb, rev. 1/95
Revie Sheet
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.
DENNIS J. SUMMERS, Parka Supt.
SHARI S. STILES, P & Z Adm.
KENNETH W. BOWERS, Fire Chief
W. L "BILL" GORDON, Police 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 a FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P & Z COMMISSION
JIM JOHNSON, Chairman
MOE ALIDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
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: July/ 11, 1995
TRANSMITTAL DATE: 6/20/95 HEARING DATE: 7/11/95
REQUEST: Conditional Use Permit to construct 6,000 sq ft multi -tenant retail pad
BY: Avest Limited Partnership
LOCATION OF PROPERTY OR PROJECT: Lot 5, Block 1 of Avest Plaza
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(PRELIFINAL PLAT)
BUREAU OF RECL=*LIM
CITY FILES &FINAL PLAT)
OTHER:
YOUR CONCISE REMARKS:
RECEIVED
J U N 2 6 1995
CITU OF MERIDIAN
2. A right-of-way pernAmust be obtained from ACHD for an et 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.
Submit site drainage plans and calculations for review and appropriate action by ACHD prior
to issuance of building permit. The proposed drainage system shall conform to the
requirements of Meridian and shall retain all storm water on-site.
Public street drainage facilities shall be located in the public right-of-way or in a common lot
owned by a homeowners association set aside specifically for that use. There shall be no
trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage
lots and their use restrictions shall be noted on the plat (when applicable).
4. Locate driveway curb cuts a minimum of 5 -feet from the side lot property lines when
driveways are not being shared with the adjacent property.
5. Locate obstructions (utility facilities, irrigation and drainage appurtenances, etc.) outside of
the proposed street improvements. Authorization for relocations shall be obtained from the
appropriate entity.
6. 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.
7. 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.
8. Provide design data for proposed access to public streets for review and appropriate action by
ACHD prior to issuance of building permit.
9. Submit three sets of street construction plans to the District for review and appropriate action
prior to issuance of building permit.
10. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit, which incorporates any required design changes.
11. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
Should you have any questions or comments, please contact the Development Services
Division at 345-7662.
RMIMMIMo,
Development Services Staff
Date of Commission Approval:
JUL 0 5 1995
MCU -10-95
Page 4
Facts and Findings: • •
A. General Information
C -G - Zoning
0.73 - Acres
6,000 - Square feet of proposed building
265 - Traffic Analysis Zone (TAZ)
West Ada - Impact Fee Benefit Zone
Western Cities - Impact Fee Assessment District
Fairview Avenue
Principal Arterial with a bike route designation
154 -feet of frontage
100 -feet existing right-of-way
108 -feet required right-of-way (54 -feet from centerline)
Fairview Avenue is improved with 68 -feet of pavement tapering to 80 -feet at Locust Grove
Road with no curb, gutter or sidewalk.
B. Drive-thru windows for commercial developments are typically problem areas for air quality.
Auto emissions due to idling vehicles cause an important concern in larger cities. The
proliferation of drive-thru windows will create similar future concerns in Ada County. Staff
recommends that Meridian City review the current policy on drive-thru windows.
C. Access for this subdivision was previously reviewed and approved in Avest Plaza
Subdivision on January 25, 1995, by the Commission. The approval of the subdivision
addressed access to the site from Fairview Avenue and Locust Grove Road. There are two
approved driveways on either side of this pad. The western driveway will be restricted to
right-in/right-out turns. The eastern driveway will be aligned with the corresponding
approved access on the south side of Fairview Avenue and will be a full access driveway.
Internal access to the pads was not reviewed in the preliminary plat approval. The applicant
is proposing a driveway to the pad from a main driveway approximately 65 -feet north of
Fairview Avenue. Staff accepts the proposed driveway location; vehicles entering from
Fairview Avenue will be turning right into the site, instead of across the exit lane where
vehicles may be queuing.
The applicant has agreed to restrict the two parking stalls at the southwest corner of the pad
for employees only to reduce the amount of times a vehicle will be backing out of the
parking stall and possibly conflicting with vehicles entering the pad.
D. The street improvements for this pad were included in the preliminary plat approval of Avest
Plaza.
E. The transportation system will be adequate to accommodate additional traffic generated by
MCU -10-95
Page 2
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,= --- — — — — — — — — — FA&EW AVENUE — U.S. HWY.
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(UNDER CONS7RUCnON)
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MERIDIAN CITY COUNCIL MEETING: AUGUST 15, 1995
APPLICANT: AVEST LIMITED PARTNERSHIP ITEM NUMBER; 16
REQUEST; CONDITIONAL USE PERMIT REQUEST TO CONSTRUCT A 6,000 SQ FT MULTI -TENANT
RETAIL PAD, WITH DRIVE THRU FACILITIES FOR LOT I - BLOCK 1 OF AVEST PLAZA
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
COMMENTS
MINUTES FROM 7-11-95 P & Z
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
FINDNGS OF FACT AND CONCLUSIONS OF LAW
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION;
SETTLERS IRRIGATION:
IDAHO POWER:
"REVIEWED"
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION: a�
OTHER:
AD Materials presented at public meetings shall become property of the City of Meridian.
MEMORANDUM:
TO: PlanningZoning Commission, Mayor and Council
FROM: Shari L. Stiles, Planning and Zoning Administrator
DATE: July 11, 1995
SUBJECT: Conditional Use Permit for a 6,000 s.f. Drive-thru Retail Facility - Lot 5, Block
1, Avest Plaza, by Avest Partnership
1. Plan submitted appears to meet minimum requirements for parking spaces. Stacking
depth of westerly drive-thru facility does not appear adequate, and parking spaces will
conflict with drive-thru window. Drive-thru lane shown on northerly portion of project
will not allow adequate driveway width (25' minimum). Nothing is shown that would
prevent traffic going east from using this drive-thru lane (besides striping).
2. City Ordinance requires a minimum of one 3" caliper tree per 1,500 square feet of paved
area. Berming and landscape design will be reviewed as part of building permit
application.
3. Design and placement of all signs needs to be shown.
4. Communications system volume must not impact adjoining properties.
5. A minimum 35' landscape buffer is required beyond the required 54' right-of-way from
centerline of Fairview Avenue.
6. Two handicap accessible parking spaces are required per ADA.
7. Revised, accurate plans which meet all staff and agency requirements will be required at
time of building permit application submittal.
•
HUB OF TREASURE VALLEY
COUNCIL MEMBERS
OFFICIALS
RONALD R. TOLSMA
WILLIAM G. BERG, Jr., City Clerk
A Good Place to Live
MAX YERRINGTON
JANICE GASS, City
OOR IEW
D. MORROW
WALT W. MORROW
WALT
ROBERTCITY
ITH,P..CityEurer
GARY D. SMITH, P.E. City Engineer
RYD.
OF MERIDIAN
BRUCE D. STUART, Water Works Supt.
P 6 Z COMMISSION
JOHN T. SHAWCROFT, Waste Water Supt.
33 EAST IDAHO
JIM JOHNSON, Chairman
DENNIS J. SUMMERS, Parka Supt.
MOM NI
SHARI S. STILES, P & Z Adm.
MERIDIAN, IDAHO 83642
JIM SHEARER
KENNETH W. BOWERS, Fire Chief
W. L. "BILL" GORDON, Police Chief
Phone (708) 888-4433 a FAX (208) 8874813
CHATREE
IM HEPPER
WAYNE G. CROOKSTON, JR., Attorney
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
MEMORANDUM:
TO: PlanningZoning Commission, Mayor and Council
FROM: Shari L. Stiles, Planning and Zoning Administrator
DATE: July 11, 1995
SUBJECT: Conditional Use Permit for a 6,000 s.f. Drive-thru Retail Facility - Lot 5, Block
1, Avest Plaza, by Avest Partnership
1. Plan submitted appears to meet minimum requirements for parking spaces. Stacking
depth of westerly drive-thru facility does not appear adequate, and parking spaces will
conflict with drive-thru window. Drive-thru lane shown on northerly portion of project
will not allow adequate driveway width (25' minimum). Nothing is shown that would
prevent traffic going east from using this drive-thru lane (besides striping).
2. City Ordinance requires a minimum of one 3" caliper tree per 1,500 square feet of paved
area. Berming and landscape design will be reviewed as part of building permit
application.
3. Design and placement of all signs needs to be shown.
4. Communications system volume must not impact adjoining properties.
5. A minimum 35' landscape buffer is required beyond the required 54' right-of-way from
centerline of Fairview Avenue.
6. Two handicap accessible parking spaces are required per ADA.
7. Revised, accurate plans which meet all staff and agency requirements will be required at
time of building permit application submittal.
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.
DENNIS J. SUMMERS, Parks Supt.
SHARI S. STILES, P & Z Adm.
KENNETH W. BOWERS, Fire Chief
W. L "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
MEMORANDUM:
•
HUB OF TREASURE VALLEY
COUNCILMEMBERS
A Good Place t0 Live
RONALD R. TOL
MAX YERRINGTSONA
CITY OF MERIDIAN
ROBERT MOOR
WALT W. MORRIE ROWW
P & Z COMMISSION
33 EAST IDAHO
JIM JOHNSON, Chairman
MERIDIAN, IDAHO 83642
DJANI
MME HEARER
Phone (208) 888-0433 ' FAX (208) 8874813
CHARLIE R E
PER
TIM HEPPER
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
July 7, 1995
To; Mayor, City Council, Planning & Zoning
From; Bruce Freckleton, Assistant to City Engineer
Re; LOT 5, BLOCK 1 OF AVEST PLAZA SUBDIVISION
(Request for Conditional Use Permit)
I have reviewed this submittal and offer the following comments, for your information and
consideration as conditions of the Applicant during the hearing process:
1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of
Meridian Zoning and Development Ordinance.
2. 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).
3. 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
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.
5. All Signage shall be in accordance with the standards set forth in 2-415 of the City of
Meridian Zoning and Development Ordinance.
6. All construction shall conform to the requirements of the Americans with Disabilities Act.
7. Sanitary Sewer and Water to this facility would be via. mains that will be installed as part
of the AVEST Plaza Subdivision. Assessment fees for sewer and water service will be
determined during the building plan review process. In addition to these assessments, a
sewer "Late Comers" fee will also be charged to help reimburse the parties responsible for
installing the sewer mains which serve this development.
C:\WPWIN60\GENEP-AL\AVESTSI.CUP
•
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
AVEST PLAZA
CONDITIONAL USE PERMIT
LOT 5 - BLOCK 1
LOCUST GROVE/FAIRVIEW
MERIDIAN. IDAHO
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
July 11, 1995, at the hour of 7:30 o'clock p.m., the Petitioner
appearing through the project's representative from Dakota
Development, Tom Bauens, the Planning and Zoning Commission of the
City of Meridian having duly considered the evidence and the
matter makes the following Findings of Fact and Conclusions:
FINDINGS OF FACT
1. That a notice of a public hearing on the Conditional Use
Permit was published for two (2) consecutive weeks prior to the
said public hearing scheduled for July 11, 1995, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the July 11, 1995, hearing;
that the public was given full opportunity to express comments and
submit evidence; and that copies of all notices were available to
newspaper, radio and television stations.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AVEST PLAZA - LOT 5 BLOCK 1 Page 1
2. That the property is located within the City of
Meridian; the property is described in the application which
description is incorporated herein.
3. That the property is zoned C -G, General Retail & Service
Commercial, which requires a conditional use permit for two (2)
drive thrus.
4. Tom Bauens testified that the application is for a 6,000
square feet multi -tenant retail pad; that this will be located on
Fairview Avenue towards the east end of the AVest Plaza project;
that no leases have been signed but interest and letters of intent
are being worked on with potential tenants which are a sandwich
shop on the west end with a drive thru window, a shoe store taking
the middle portion of the building and a dry cleaning facility
store taking the east end of the building also with a drive thru.
5. That the property is currently zoned C -G, General Retail
and Service Commercial.
6. That the zoning of General Retail and Service
Commercial, (C -G) is defined in the Zoning Ordinance at 11-2-408
B. 11. as follows:
(C -G) General Retail and Service Commercial: The purpose of
the (C -G) District is to provide for commercial uses which
are customarily operated entirely or almost entirely within
a building; to provide for a review of the impact of proposed
commercial uses which are auto and service oriented and are
located in close proximity to major highway or arterial
streets; to fulfill the need of travel -related services as
well as retail sales for the transient and permanent motoring
public. All such districts shall be connected to the
Municipal Water and Sewer systems of the City of Meridian,
and shall not constitute strip commercial development and
encourage clustering of commercial development;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AVEST PLAZA - LOT 5 BLOCK 1 Page 2
0 •
7. That the Applicant is not the owner of record of the
property; that the owner of record is AVest Limited Partnership;
that the owner has submitted a consent to this application.
8. That the property has been annexed and currently being
developed as a multi tenant retail building in which the
individual tenants would be leased space; that this parcel's size
is 32,282 square feet with a building size of 6,000 square feet
with two drive through windows.
9. That the Assistant to the City Engineer, Bruce
Freckleton, submitted comments, stating that the off-street
parking requirements, drainage plan, outside lighting, paving and
striping, and signage shall meet all Meridian City Ordinances;
that sewer and water are available but the use may require
additional charges or fees; that all construction shall conform to
the requirements of the Americans with Disabilities Act.
10. That the Planning and Zoning Director, Shari Stiles,
submitted comments; that specifically the plan appears to meet
minimum requirements for parking spaces; that stacking depth of
westerly drive-thru facility does not appear adequate, and parking
spaces will conflict with drive-thru window; that the drive-thru
lane shown on the northerly portion of the project will not allow
adequate driveway width (25' minimum); that nothing is shown that
would prevent traffic going east from using this drive-thru lane
besides striping; that per City Ordinance, a required minimum of
one 3" caliper tree per 1,500 square feet of paved area is
required; that berming and detailed landscape design will be
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AVEST PLAZA - LOT 5 BLOCK 1 Page 3
reviewed as part of the building permit application; that design
and placement of all signs needs to be shown; that the
communications system volume must not impact adjoining properties;
that two (2)handicap accessible parking spaces are required per
the Americans Disability Act.
11. That the Ada County Highway District submitted comments
stating site specific requirements which are that access to
Fairview Avenue is prohibited except as approved in the
preliminary plat approval of AVest Subdivision; that access to the
pad from the internal driveways shall be located a minimum of 65 -
feet north of the back of curb on Fairview Avenue; that the
parking stall at the southwest corner of the pad be restricted to
employees only; that if this site is developed prior to the final
plat approval of AVest Subdivision, the following applicable
requirements of AVest Plaza will be required:
a. A five (5) foot wide concrete sidewalk on Fairview
Avenue abutting parcel be constructed;
b. That a 54 feet of right-of-way from centerline of
Fairview Avenue abutting parcel be dedicated;
C. Pavement tapers for acceleration and deceleration
at approved access points in accordance with
District standards;
d. A deposit to the Public Rights -Of -Way Trust Fund
for the future construction of a raised median to
control the left tern movements of driveway "C".
That driveway "D" shall be located 190 feet est of
driveway "C" as measured from near edge of
pavement to near edge of pavement.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AVEST PLAZA - LOT 5 BLOCK 1 Page 4
r%
12. The Meridian City Police Department, and Central
District Health Department, submitted comments which are
incorporated as if set forth in full.
13. That there was no public testimony given.
14. That proper notice has been given as required by law and
all procedures before the Planning and Zoning Commission have been
given and followed.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property;
2. That the City of Meridian has authority to grant
conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to
11-2-418 of the Revised and Compiled Ordinances of the City of
Meridian;
3. That the City of Meridian has authority to place
conditions on a conditional use permit and the use of the property
pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of
the Revised and Compiled Ordinances of the City of Meridian,
Idaho.
4. That 11-2-418 (C) of the Revised and Compiled Ordinances
of the City of Meridian sets forth the standards under which the
Planning and Zoning Commission and the City Council shall review
applications for Conditional Use Permits; that upon a review of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AVEST PLAZA - LOT 5 BLOCK 1 Page 5
•
0
those requirements and a review of the facts presented and the
conditions of the area, the Planning and Zoning Commission
concludes as follows:
a. The use, would in fact, constitute a
conditional use and a conditional use permit
is required by ordinance.
b. The use should be harmonious with and in
accordance with the Comprehensive Plan but
the Zoning Ordinance and the Annexation
Ordinance for the entire parcel require a
conditional use permit and that it go through
the design review process to allow the use.
c. The use apparently would be designed and
constructed to be harmonious in appearance
with the intended character of the general
vicinity.
d. That the use should not be hazardous nor
should it be disturbing to existing or future
neighboring uses.
e. The property has sewer and water service
available.
f. The use would not create excessive
additional requirements at public cost for
public facilities and services and the use
would not be detrimental to the economic
welfare of the community.
g. The use should not involve a use,
activity, process, material, equipment or
conditions of operation that would be
detrimental to person, property or the
general welfare by reason of excessive
production of traffic or noise.
h. That sufficient parking for the property
and the proposed use shall be required.
i. The development and uses would not
result in the destruction, loss or damage of
a natural or scenic feature of major
importance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AVEST PLAZA - LOT 5 BLOCK 1 Page 6
•
0
S. That all ordinances of the City of Meridian shall be met
if the permit is granted, including but not limited to, the
Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code,
the Fire and Life Safety Code, all parking and landscaping
requirements.
6. That the comments of Shari Stiles, Bruce Freckleton, and
ACHD shall be met as a condition of the conditional use permit if
granted.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER HEPPER
COMMISSIONER ROUNTREE
COMMISSIONER SHEARER
COMMISSIONER ALIDJANI
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED
VOTED
VOTED
VOTED
VOTED
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends
to the City Council of the City of Meridian that they approve the
Conditional Use Permit requested by the Applicant for the property
described in the application.
MOTION:
APPROVED: DISAPPROVED:
FINDINGS OF FACT AN CONCLUSIONS OF LAW
AVEST PLAZA - LOT 5 BLOCK 1 Page 7
Meridian City Council
July 5, 1995
Page 17
Crookston: (Inaudible) I would like to discuss with the Council and that is the CC&R's for
Avest development. I have reviewed those, I have had the comments, got those back to
Will. He sent them onto the developer, the developer has contacted both Will and myself.
I had a discussion with Larry Durkin, he told me that all those things that my comments
would be changed to meet my comments. I said, he said that he needed to have the plat
finalized and signed so that they could get moving along. He said that he would do those
things but he also said that it would take at least a month to get them done because
apparently, I shouldn't say apparently. Those CC&R's are different from a residential
subdivision's CC&R's. They are really an agreement between Avest and Fred Meyer. He
said that those comments have to be approved and basically changed by Fred Meyer and
it would take a month to get that done. I told him that if he would send me a letter stating
that he would change those CC&R's to meet my comments and get it over to me I would
recommend that the plat be signed. He did that, I submitted a copy of the letter to Will, that
is where we are on those. It would be my recommendation but it is totally the Council's
decision to approve those. He did not even call them CC&R's he called them some other
name that escapes me right now. If the Council could approve those on that basis I think
we still have a shot at finally approving them. I shouldn't say we have a shot at it we have
a right to.
Kingsford: Questions of the Council?
Morrow: I guess the one obvious question is what if Fred Meyer in a month then it goes
into negotiation?
Crookston: It would
Morrow: And that would involve us as well as Avest?
Crookston: Yes, because it is basically an agreement between Avest and Fred Meyer. Like
I said they are not what we usually receive as CC&R's.
Morrow: If we approve the final plat subject to resolution of the CC&R's in no way are we
contracting away our right to negotiating.
Crookston: As long as the motion is worded in that fashion you do not give anything away.
Kingsford: Any other questions of the Council? So you are suggesting Wayne that the
Council approve the CC&R's or whatever they choose to call them subject to them revising
them to your standards?
Crookston: Yes
Meridian City Council
July 5, 1995
Page 18
Morrow: Approve the CC&R's or the final plat?
Crookston: Right now you are just doing the CC&R's.
Kingsford: If we do the CC&R's isn't the final plat done subject to that. I've got to have my
memory jogged but I think the final plat is approved I think subject to CC&R's then they can
sign the plat.
Morrow: Mr. Mayor, I would move that we approve the CC&R's for Avest property subject
to final negotiations between the City, Avest and Fred Meyer.
Yerrington: Second
Kingsford: Moved by Walt, second by Max to approve of the CC&R's for Avest subject to
them being negotiated and approved by Avest, Fred Meyer and the City, all those in favor?
Opposed?
MOTION CARRIED: All Yea
Kingsford: That will then authorize Gary and Will to sign the plat is that correct now?
Anything else Counselor? You will be glad to know that I played golf with one of your old
Idaho Vandals that used to raise funds for the Vandals and had the good sense to go to
Marshall University so there is hope even for vandals.
Crookston: What was the name?
Kingsford: The guys name is Lance West and he is going east to Marshall University.
Crookston: He is also a very strong vandal.
Kingsford: He is not as strong as he used to be, he has given out (inaudible) he has made
the conversion. Walter?
Morrow: Two things, Gary, for ACHD a comment that Wayne raised that I think is
appropriate. The question begs to be asked of ACHD with respect to those drainage
retention deals, what if there is no homeowners association, who takes care of it. Maybe
that will help you move along. Second thing is the with respect to the old school we did
receive a not indicating a potential course of action. It seems to me that you didn't in terms
of the note you didn't set a date that they would secure so I guess I am throwing for
discussion here. My opinion is we need to tell the Alidjani's that we expected to be secured
and done posthaste. In terms of their personal issues if that requires permission of them
0
Meridian Planning & Zoning Commission
July 11, 1995
Page 28
ITEM #22: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT TO
CONSTRUCT A 6,000 SQ. FT. MULTI -TENANT RETAIL PAD WITH DRIVE THRU
FACILITIES FOR LOT 5 - BLOCK 1 OF AVEST PLAZA BY AVEST LIMITED
PARTNERSHIP:
Johnson: At this point I will open the public hearing and invite the representative from the
applicant to address the Commission.
Tom Bauens, 380 East Park Center Blvd., Boise, was sworn by the City Attorney.
Bauens: This application is for parcel 2 or excuse me parcel 5 located on Fairview Avenue
on the east end of the project. This parcel size is 32,282 square feet. Our application is
to again construct a 6,000 square foot multi tenant facility with 2 drive through windows
one on each end the east and west end of the buildings. We have no signed leases on
this building but interest and letters of intent are being worked on with a sandwich shop
on the west end with a drive thru window, a shoe store taking the middle portion of the
building and a dry cleaning facility store taking the east end of the building also with a
drive thru. We have reviewed the City staff requirements and met with ACHD and gained
the Ada County Highway District Commissioners approval last Wednesday on the
application. We ask for your approval this evening.
Johnson: Thank you, any questions of the Avest representative? This is a public hearing,
anyone from the public that would like to address the Commission on this application?
Seeing no one then I will close the public hearing. If there is no further discussion by the
Commission I will entertain a motion.
Rountree: Mr. Chairman, I move that we have the City Attorney prepare findings of fact
and conclusions of law on this item.
Shearer: Second
Johnson: It is moved and seconded to have the City Attorney prepare findings of fact and
conclusions of law for this conditional use permit request, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #23: PUBLIC HEARING: REQUEST FOR AN ACCESSORY USE PERMIT FOR AN
OFFICE FOR A SMALL PLUMBING COMPANY BY JAMES WALSH:
Johnson: I will now open the public hearing and invite the representative for Mr. Walsh
to come forward and address the Commission.
0 •
Meridian Planning & Zoning Commission
August 8, 1995
Page 9
Shearer: Second
Johnson: Moved and seconded we pass a favorable recommendation on for approval for
the City Council for the conditional use permit, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE
PERMIT REQUEST TO CONSTRUCT A 6,000 SQ. FT. MULTI -TENANT RETAIL PAD
WITH DRIVE THRU FACILITIES FOR LOT 2 - BLOCK 1 OF AVEST PLAZA BY AVEST
LIMITED PARTNERSHIP:
Johnson: Are there any comments, any changes you wish to present regarding the
findings of fact as prepared by the City Attorney?
Shearer: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby
adopts and approves these findings of fact and conclusions of law.
Alidjani: Second
Johnson: It is moved and seconded (inaudible) and conclusions as written, roll call vote.
ROLL CALL VOTE: Hepper - Yea, Rountree - Yea, Shearer - Yea, Alidjani - Yea
MOTION CARRIED: All Yea
Johnson: Recommendation to the City Council?
Shearer: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby
recommend to the City Council of the City of Meridian that they deny the conditional use
permit requested by the applicant for the property described in the application.
Rountree: Second
Johnson: It has been moved and seconded that we request of the City Council to deny the
application, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #9: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE
PERMIT REQUEST TO CONSTRUCT A 6,000 SQ. FT. MULTI -TENANT RETAIL PAD
Meridian Planning & Zoning Commission
August 8, 1995
Page 10
WITH DRIVE THRU FACILITIES FOR LOT 5 - BLOCK 1 OF AVEST PLAZA BY AVEST
LIMITED PARTNERSHIP:
Johnson: Any discussion regarding these findings of fact as prepared?
Shearer: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby
adopts and approves these findings of fact and conclusions,
Hepper: Second
Johnson: Moved and seconded that we adopt the findings of fact as prepared, roll call
vote.
ROLL CALL VOTE: Alidjani - Yea, Shearer - Yea, Rountree - Yea, Hepper - Yea
MOTION CARRIED: All Yea
Johnson: Any recommendation to the City Council?
Shearer: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby
recommend to the City Council of the City of Meridian that they approve the conditional
use permit requested by the applicant on the property described in the application.
Rountree: Second
Johnson: We have a motion and a second for approval, favorable approval to the City
Council, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #10: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR AN ACCESSORY
USE PERMIT FOR AN OFFICE FOR A SMALL PLUMBING COMPANY BY JAMES
WALSH:
Johnson: Is there any discussion regarding these findings of fact?
Rountree: Page 8, item 17, it appears as if there is something left off. I don't know what
that would be, it doesn't make any sense.
Crookston: May I make a suggestion, between the words "no" and "testimony" insert public.
• 0
Meridian Planning & Zoning Commission
July 11, 1995
Page 28
ITEM #22: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT TO
CONSTRUCT A 6,000 SQ. FT. MULTI -TENANT RETAIL PAD WITH DRIVE THRU
FACILITIES FOR LOT 5 - BLOCK 1 OF AVEST PLAZA BY AVEST LIMITED
PARTNERSHIP:
Johnson: At this point I will open the public hearing and invite the representative from the
applicant to address the Commission.
Tom Bauens, 380 East Park Center Blvd., Boise, was sworn by the City Attorney.
Bauens: This application is for parcel 2 or excuse me parcel 5 located on Fairview Avenue
on the east end of the project. This parcel size is 32,282 square feet. Our application is
to again construct a 6,000 square foot multi tenant facility with 2 drive through windows
one on each end the east and west end of the buildings. We have no signed leases on
this building but interest and letters of intent are being worked on with a sandwich shop
on the west end with a drive thru window, a shoe store taking the middle portion of the
building and a dry cleaning facility store taking the east end of the building also with a
drive thru. We have reviewed the City staff requirements and met with ACHD and gained
the Ada County Highway District Commissioners approval last Wednesday on the
application. We ask for your approval this evening.
Johnson: Thank you, any questions of the Avest representative? This is a public hearing,
anyone from the public that would like to address the Commission on this application?
Seeing no one then I will close the public hearing. If there is no further discussion by the
Commission I will entertain a motion.
Rountree: Mr. Chairman, I move that we have the City Attorney prepare findings of fact
and conclusions of law on this item.
Shearer: Second
Johnson: It is moved and seconded to have the City Attorney prepare findings of fact and
conclusions of law for this conditional use permit request, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #23: PUBLIC HEARING: REQUEST FOR AN ACCESSORY USE PERMIT FOR AN
OFFICE FOR A SMALL PLUMBING COMPANY BY JAMES WALSH:
Johnson: I will now open the public hearing and invite the representative for Mr. Walsh
to come forward and address the Commission.
Planning & Zoning Commission, Mayor and Council
August 15, 1995
Page 3
fence is falling down. Property buyers within the subdivision claim the
Developer has "sold" them the 11' ± to add to their lot.
Item 11 - Whitestone Estates Subdivision Annexation and Zoning - Comments have
not been addressed in any form, either verbally or in writing. Although
I did receive a telephone call from Mirazin Shakoori, the owner of 120
acres to the west, I have not received a signed waiver from him. A
development agreement is required as a condition of annexation.
Item 12 - Whitestone Estates Subdivision Preliminary Plat - Comments have not
been addressed in any form, either verbally or in writing. Details of
pathway along Ten Mile Creek have not been received. Variances would
be required to accept the preliminary plat in its present configuration.
Item 13 - Franklin Grove Commercial Center - Initial findings asked for a tabling
of the annexation request until further information was provided. This
information was provided to the Commissioners on an individual basis.
If approved, I would recommend that very specific requirements be
included in the annexation ordinance. A development agreement is
required as a condition of annexation.
Item 14 - Highlands Ranch Subdivision Annexation & Zoning - FF/CL prepared by
the P&Z Commission would require extensive changes in both the
"preliminary plat" and "conditional use permit" applications submitted.
P&Z is not prepared to act on the plat or CUP until Council has acted on
the annexation. Information submitted does not meet the requirements for
a preliminary plat or a conditional use permit, and is very conceptual in
nature. L -O request would require a change in the Comprehensive Plan.
Item 15 - Avest Plaza Conditional Use Permit - Lot 2, Block 1 - During the public
hearing process, Applicant's representative stated that uses along Locust
Grove Road would be "low impact"; two drive-thrus that will operate until
midnight every night are not at all low impact. Applicant should have
considered switching uses for Lots 2 and 5. I concur with P&Z's
recommendation that the conditional use permit be denied.
Item 16 - Avest Plaza Conditional Use Permit - Lot 5, Block 1 - Comments have
been addressed and a revised site plan has not been submitted.
Item 17 - Harry's Bar & Grill - YES!! I want to go to lunch there tomorrow and
sit outside. Council may want to consider limiting seating to daylight
hours only instead of a 10:00 a.m. to 10:00 p.m. limit.
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welfare by reason of excessive production of traffic and or noise. I guess that could apply
to the entire site. So, I have some real problems with the issues. Obviously part of in these
documents it indicated that there were two drive thrus that there (inaudible) were exiting
going west as opposed to going north. So, at that point in time the issue with respect to
lights and so on and so forth was a valid issue.
Crookston: There was some concern stated. to me by the Commission that they felt that
there was a traffic conflict between the drive thru going west as I remember and something
with the loop road and back where it is side by side. I can't recall specifically.
(Inaudible)
Crookston: Initially that is what they had
Tolsma: (Inaudible)
Durkin: (Inaudible)
Corrie: I would venture to say that is not going to be a problem with the Fred Meyer going
in there that is going to be more traffic than those. It is not even going to be an issue.
What I have seen in other subdivisions like that it is not even going to be an issue.
Kingsford: Any further discussion? You have heard the motion and second, all those in
favor? Opposed?
MOTION CARRIED: All Yea
Durkin: Can I ask a question just for clarification, what was the response whether there will
have to be another public hearing or not?
Kingsford: There is apparently not.
Crookston: We don't need that at this juncture. If they send it back to P & Z.
ITEM #16: CONDITIONAL USE PERMIT REQUEST TO CONSTRUCT A 6,000 SQ. FT.
MULTI -TENANT RETAIL PAD WITH DRIVE THRU FACILITIES FOR LOT 5 - BLOCK 1
OF AVEST PLAZA BY AVEST LIMITED PARTNERSHIP:
Kingsford: In that one I see that we have positive findings and conclusions from P & Z for
a 6,000 multi -tenant for Lot 5, Block 1 do you wish to hear any comments from Mr. Durkin
on that?
Meridian City Council
August 15, 1995
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Morrow: Do you have any comment with respect to those?
Durkin: To be frank with you I was looking at the recommendation first and the
recommendation was for approval. I would ask you to go along with that, I would be happy
to answer any questions on the building. Point out, (inaudible) Subway sandwiches going
on the west edge (inaudible) east edge. (Inaudible)
Morrow: You read the staff recommendations both from the City Engineer's office and the
P & Z?
Durkin: I have, I would not be able to pass a test on them but they are generally agreeable,
we are in agreement.
Kingsford: Is the Council prepared to take action on that issue?
Morrow: Mr. Mayor I would move that we adopt the findings of fact and conclusions of law
as prepared for us by the Planning and Zoning Commission.
Tolsma: Second
Kingsford: Moved by Walt, second by Ron to approve the findings of fact and conclusions
of law as prepared by P & Z, roll call vote.
ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea
MOTION CARRIED: All Yea
Kingsford: Is there a motion on the decision?
Morrow: Mr. Mayor I would move that the City Council of the City of Meridian approve the
conditional use permit requested by the applicant for the property described in the
application.
Yerrington: Second
Kingsford: Moved by Walt, second by Max to approve of the decision, all those in favor?
Opposed?
MOTION CARRIED: All Yea
ITEM #17: CONDITIONAL USE PERMIT REQUEST FOR A SIDEWALK CAFE BY
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HARRY'S BAR AND GRILL:
Kingsford: Would you state your name and address for the record please?
Youngerman: Steve Youngerman, 5451 South Caper Place, Boise. The Planning &
Zoning Commission I guess agreed with what I want to do and I would ask you to agree
with that.
Kingsford: Questions of the Council?
Morrow: My only concern is night time hours of operation, I am not sure that is an
appropriate location for that primarily because I think that we all understand that night time
hours the location it means that guys sit out there and drink cocktails.
Youngerman: My intent of this is really not to boost cocktail it is food sales. My grill is only
open until 9 and one of the facts there, one of the conditions they came back with is that
I would only be able to operate until 10 P.M. anyway. So if you look at the way my
business goes I do dinner business up until 7:30 to 8:00 and then I have about 2 hours of
pretty slow time before the night time crowd kind of gets up and gets moving. They do it
in every other city in the country just about. Another point that I would like to make is the
downtown area of Meridian is going away on us. I know this (inaudible) it is something
that makes the downtown area more friendly, more accessible. I know we are talking
about putting a park where the Ugly Duckling Car Rental place is. Essentially that is all I
am asking to do. If you look at it, I am talking about 5 tables and 10 chairs.
Kingsford: I guess we will have to increase your sewer and water hook up.
Youngerman: (Inaudible)
Kingsford: Any other questions of the Council? What is your pleasure?
Tolsma: Mr. Mayor, I would move we grant the conditional use permit for a sidewalk cafe
by Harry's Bar and Grill.
Kingsford: Approve the findings first.
Tolsma: I move that we approve the findings of fact and conclusions of law as prepared
by the P & Z.
Yerrington: Second
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Kingsford: Moved by Ron, second by Max to approve the findings of fact and conclusions
of law for the conditional use permit for Harry's Bar and Grill, roll call vote.
ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea
MOTION CARRIED: All Yea
Kingsford: Is there a motion on the decision?
Tolsma: Mr. Mayor, I move we approve the Planning & Zoning Commission's
recommendation to City Council that they grant the conditional use permit requested by
the applicant to extend the business to include an outside cafe described in the application
with the conditions set forth in the findings of fact and conclusions of law or similar
conditions as found justified and appropriate by the City Council. The conditional use
should be subject to review upon notice to the applicant by the City.
Yerrington: Second
Kingsford: Moved by Ron, second by Max to approve the decision, all those in favor?
Morrow: Discussion, did you wish to limit the hours?
Kingsford: That is in your findings as I recall, to 10:00, did you want to change that?
Morrow: That was my point of discussion. It is indicated that he doesn't do much there
past 9:00 and the bar crowd doesn't come until 10:00. If we are concerned as a City in
terms of bar crowd then maybe itwould be to our benefit to limit it to 9:00 instead of 10:00.
Tolsma: (Inaudible) and 2 a.m. on Friday and Saturday, that is on page 3, item 7.
Morrow: That is what the applicant wanted, the applicant stated that the business is
looking to increasing lunch during week or until 9 p.m. and serving food until 2 p.m. on
Friday and Saturday, I'm sorry 2 a.m.
Kingsford: You should look at page seven is the appropriate one. It is talking about 10 a.m.
to 10 p.m. It is talking about when the tables and chairs have to be stored inside in item
6, 11 p.m. to 9 a.m.
(Inaudible)
Kingsford: I guess the question that comes to my mind and I should have brought it up
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earlier than this, are we granting something that we have the authority to grant? I don't
know who owns that property, we are talking about Old Town. If we are talking about that
being right of way that the sidewalks are owned by the Highway District then we are out
of bounds. I know a lot of places in the downtown area that the property owns the
sidewalk, has that been researched Counselor?
Crookston: I had a discussion with Jim Shearer about it and he is quite familiar and of
course he is one the P & Z Commission. He is quite familiar with that area, he said that
the right of way goes out about 7 feet from the building, excuse me the ownership goes
seven feet from the building and the right of way starts seven feet beyond the building is
what he indicated to me. He has quite a bit of knowledge about that. Shari must have a
comment.
Stiles: Council, the Ada County Highway District their response indicated the applicant
shall obtain a license agreement from the district for use of the public right of way for
commercial activities prior to issuance of conditional use approval. So I think they have
pretty well covered what they consider to be the requirements for use of their right of way
there.
Crookston: But it is my understanding that tables and chairs would not be within the right
of way.
(Inaudible)
Kingsford: Well, certainly at issue then if he is using the Highway District stuff he has to
have a license agreement.
(Inaudible)
Kingsford: So that is okay. Any further discussion? Chief?
Gordon: (Inaudible) major problem in the downtown area with the 3 bars and the patrons
traveling to and from in the alleys and sidewalks and we enacted an open container
ordinance at that time to keep them within the buildings. I have a problem with serving
alcohol in the streets and sidewalks. I think we are going to be going backwards. I would
not be opposed to meals during meal hours but I think after 10:00 on any night of the week
we constitute nothing more than just a street fight.
Kingsford: And of course we are limiting it to that Chief (inaudible)
Gordon: I heard the 2:00 come in.
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Kingsford: That was requested and denied, we are talking 10:00 to 10:00.
Gordon: I would still be opposed to after dark (inaudible) The business people in the
downtown area are constantly calling me, the banks, broken windows. That alley down
there smells like an open latrine at the present time and has since I have been here. I
would just discourage (inaudible) Steve is probably running a tighter ship there than any
of the owners I have seen previous to him. But I also can tell you from experience when
you bring people out on the sidewalk you are just asking for trouble. I would be opposed
to (inaudible). I think what he is talking about is food sales, cafes and restaurants, not
bars.
Corrie: Mr. Mayor, if we see we are having troubles can we stop it?
Crookston: Only if you place it as a condition of granting the conditional use. You do have
the right to review it annually.
Kingsford: Well, if we have that right I think we are only talking about a logical use here
of 3 months.
Tolsma: Well, the conditional use shall be subject to review upon notice to the applicant
by the City.
Kingsford: Well, that covers it.
(Inaudible)
Youngerman: (Inaudible) I hate to have, I want to do this. I have to have a lot of rules
that my customers don't understand. As far as you can eat out here but you can't have a
beer you can have a Pepsi and a cup of coffee.
Kingsford: (Inaudible) Any further discussion? All those in favor? Opposed? Am I hearing
a unanimous vote for the 10:00 to 10:00 or for the findings of fact and conclusions of law
for, we already did that excuse me, about the decision?
MOTION CARRIED: All Yea
Kingsford: Recognize then that under the findings it will be reviewed pursuant to the
Council's interest.
ITEM #18: JACK MILLER: REQUEST FOR AN AMEND COMPREHENSIVE PLAN: