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Home My WebLink AboutFred Meyer CUP~. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION FRED MEYER. INC. CONDITIONAL USE PERMIT AT LOCUST GROVE ROAD AND FAIRVIEW AVENUE FOR A GROCERY AND RETAIL STORE MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing on January 10, 1995, due to notice difficulties the matter was scheduled again for Hearing on February 14, 1995, at the hour of 7:30 o'clock p.m., the Petitioner appearing on January 10, 1995, through David Husk and through Larry Durkin on February 14, 1995, 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 public hearing scheduled for January 10, 1995, and for February 14, 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, and February 14, 1995 hearings; 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; AVEST - FRED MEYER GROCERY AND RETAIL FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 1 n 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 allows a grocery and retail store as a permitted use, but the annexation and zoning Findings of Fact and Conclusions of Law adopted by the City on this property's annexation and zoning require development under the conditional use permit procedures, and the property is shown as a mixed planned use area in the Meridian Comprehensive which must be developed under a conditional use permit. _4. That the General Retail and Service Commercial District is described in the Zoning Ordinance, 11-2-408 B. 11. as follows: (C-G1 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 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 will be developed with more business later. AVEST - FRED MEYER GROCERY AND RETAIL FINDINGS OF FACT AND CONCLUSIONS OF LAW Paqe - 2 n 7. That at the January 10, 1995, Hearing, Mr. Husk testified that the parking lot lighting facilities are designed to keep the light within the site and have no spread or migration off site; that they use a very specialized fixture that has shields in certain sides to prevent migration off site; that the store hours of operation typically will be from 9:00 a. m. to 10:00 p. m.; that some of the lights will be left on during the evening hours, but very minimally. That on the February 14, 1995 Hearing, Larry Durkin testified that the property is zoned for the uses proposed in the application; that the Ada County Highway District has approved; that the adjacent property buffering will be by berm measuring two (2) to six (6) feet in height from the parking lot not the street and storage; that McDonalds is a tenant; that the store will be of masonry construction, 171,200 square feet, and 28 feet high; that the landscaping exceeds the City standard as does the parking and lighting; that the buffering along Locust Grove Road will be the same as along Fairview Avenue. That the Ada County Highway District controls the roads; that on Locust Grove Road there will be two (2) lanes on the east, a center lane and one (1) lane on the west when the store opens; that the height on the berm can be handled; regarding the loading dock, Fred Meyer self- distributes; there will be nineteen (19) semi loads per week and vendor trucks - beer, etc., but it is rare to have a delivery after 10:00 p.m.. That at the January 10, 1995 Hearing, Mr. Durkin responded to Karen Blayney's testimony regarding the loading dock, AVEST - FRED MEYER GROCERY AND RETAIL FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 3 ~ ~ that there is a 300 foot land area between the loop road and the subdivision to the north; that the loading dock is over a City block away from the residences and there will be a storage facility which provides great screening from view and from noise. 8. Don Brian testified on January 10, 1995, about Dixie Lane being used for additional access to Fairview Avenue. That on February 14, 1995, Mr. Brian adopted his earlier testimony from the plat hearing, which was that the lot 9 parcel was his biggest concern; that he wants the storage facility rather than a retirement center to be adjacent to him; that he questions how long before development would begin and if lot 9 would probably be in the final phase; that his ditch problem is not being dealt with; that he would take a 40 foot berm next to him for separation but questions whether any fencing will be done to separate his livestock; that he feels the developer will do right by him but that he wants it of public record. 9. Beverly Donahue testified with regards to the traffic on Locust Grove Road, and how many lanes will be necessary and whether there will be a sidewalk along the west side, cross-walks and how long Locust Grove Road will be closed. 10. That Mary Cahoon testified regarding the lights; that she had been told by friends that the managers at the Overland and Five Mile Road were good to work with; that because of the bright lights at the Five Mile store, lawn mowing could be conducted late in the evening; that the street sweeper and snow removal were quite noisy AVEST - FRED MEYER GROCERY AND RETAIL FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 4 ~ /'1 and that the air pollution, exhaust, and dust levels were a problem; that privacy would be gone; that Mary Cahoon submitted a letter also. 11. Karen Blayney testified on January 10, 1995, that she would like to know more about what is planned for the site before a conditional use permit is given. That she testified at the February 14, 1995 Hearing, adopting her earlier testimony on the plat, regarding her concern over the lighting of the site; that she would like to see mercury vapor lights used; that she does not want mud on the roads and that it be kept on the site; that she lives behind the proposed site and wants a four (4) foot berm separating the site from her property and that temporary screening is desired; that the loading dock is of concern as well; that two years for the storage unit phase is too long and that a containment pond should not be a problem. 12. Larry Sale, of the Ada County Highway District testified at the January 10, 1995 Hearing that it was the District's initial intention to have Dixie Lane as a full public street access but a developer had a traffic engineer study the matter and the Commissioners decided not to make that a requirement. 13. 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 14, 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 AVEST - FRED MEYER GROCERY AND RETAIL FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 5 i procedures before the Planning and Zoning Commission have been given and followed. 14. 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. 15. 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. 16. That the Planning and Zoning Administrator, Shari Stiles, commented that a detailed landscape plan showing species, caliper of trees, and amount of paved area must be submitted, that one three inch tree is required for each 1,,500 square feet of paved area, that a total of 36 handicapped accessible stalls are required of which five spaces should have an eight-foot access aisle to provide van accessibility, all trash receptacles must be screened, all landscape setback areas are to be beyond ACRD right-of-way, minimum five-foot-wide sidewalks with curb and gutter need to be constructed throughout this development but ACRD requires seven AVEST - FRED MEYER GROCERY AND RETAIL FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 6 ,i-~ /"'~ feet, a variance will be necessary for a twelve foot high fence, illumination must be designed to minimize impact on adjacent residential properties, and that the more restrictive of ACHD's and the development agreement shall take precedence. 17. That 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. 18. That, as a condition of annexation and the zoning of C-G, 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 landscape the same; that the conditions ran with the land and bound the applicant, Avest, and its assign, Fred Meyer. 19. That in the annexation and zoning of Applicant's property at Locust Grove Road and Fairview Avenue it was stated that the AVEST - FRED MEYER GROCERY AND RETAIL FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 7 ~ ~ berming and landscaping along Locust Grove Road would be two to four feet high to retain automobile lights within the parking lots, 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. 20. That in the information booklets submitted in the annexation and zoning process, 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. 21. The annexation and zoning was conditioned upon meeting the requirements of paragraph 19 of the Conclusions, 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. 22. That Section 11-9-605 G, PLANTING STRIPS AND RESERVE STRIPS states as follows: Planting strips and reserve strips shall conform to the following: AVEST - FRED MEYER GROCERY AND RETAIL FINDINGS OF FACT AND CONCLUSIONS OF LAW Paqe - 8 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 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; . 23. That at the Public Hearing, January 10, 1995, 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 AVEST - FRED MEYER GROCERY AND RETAIL FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 9 /'~ 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 concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required. b. The use should be harmonious with and in accordance with the Comprehensive Plan; the Zoning Ordinance allows the use as a permitted use, but the annexation and zoning of the land required the land to be developed as a planned development which requires a conditional use for development. 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 AVEST - FRED MEYER GROCERY AND RETAIL FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 10 ~ ^ 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 Health Department, Idaho Power Company and Nampa-Meridian Irrigation District, 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 twenty feet of landscaping along Locust Grove Road and thirty-five feet along Fairview Avenue and 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 the parking lot; 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 - FRED MEYER GROCERY AND RETAIL FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 11 n 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 rI/~ COMMISSIONER HEPPER VOTED-~~ COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAICER) VOTEDZ~~'" 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 with the conditions set forth in the Findings of Fact and Conclusions of Law. MOTION: APPROVED: DISAPPROVED: AVEST - FRED MEYER GROCERY AND RETAIL FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 12 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this ~ day of ~~~~(Gr~.r,~. , 1995. COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) (INITIAL) APPROVE~I~~~,~ VOTED VOTEq' VOTED VOTED_~~ VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - .~~c~d~ ~' ~- ~~ ~ ~ ~ ~ ; ,, ~ f ~ 9 ~V ~ trpn5fer 1~2 tx-5 ~ 1 i I m~ n from. #9 to #6 underground secondary ; , from AS- t feeds overhecd " i ,~ ~~ ~~ ;~ ~ . U C7 ~~ ~~~ ~ ~ cl ~~ RN- _ ; _ ,. ,_._ ~ - Customer. 0 T Pote/ Wire Feeder !~ J4B INFaRMA e I ~V. R~ /~ ~ ypt Trench Ft.~ Ft. Ft. ~ Au;oC.4D .lob Title mows' addition ~3 'Passport Description maws vddition #3 ~ ~ AGd~t~onai Description u.g. to 7 lots Quodrant Townshi Ran a ~- P 9 Section Meridian 1 3 n 1 e 7 B. M. ~~a^^z' ~ Mate County Regicn: I~ ada ~ocotio t ~ .. ~ ._ ____ ,~ MAPPING Design __` 23 ,0P `.~? TOTAL P.02 PAGE. 02 P . 02 .+-~ E/'~d N/~yE/, Inc. March 15, 1995 P.O. Box 421213800 S.E. 22nd Avenue Portland, OR 97242 (503) 232-8844 TLX 360415 RECEIVED Mr. Will Berg, City Clerk City of Meridian 33 E. Idaho Meridian, ID 83642 MAR 2 0 f99~ (:QTY OF MERIDIAN Dear Mr. Berg: I wanted to extend Fred Meyer's appreciation for the professional and objective handling of our application that was submitted to your staff some months ago. In working with Fred Meyer over the last five years I have had the pleasure of working in City's throughout the western United States. It is fair to state that the professional handling and timeliness of our application in Meridian is greatly appreciated. We are anxious to proceed with this project in light of the support we have received from your staff, councilmembers, and the general public. It is also fair to say that in other City's, Fred Meyer, is not always greeted with .open arms and our efforts are not viewed or taken seriously. Consequently our applications do not receive the scrutiny and credit they deserve. This is not the case with the City of Meridian as I have followed this application very carefully and felt that the consideration has been objective and balanced. The residents of Meridian, the development as well as the City will bene$t from the efforts and consideration of all parties involved. I have been present at a number of the hearings with the Meridian Planning Commission, Meridian City Council and ACHD regarding this project and I can say unequivocally that the professional handling of this project has been noted by Fred Meyer and our senior management. Thank you again for your continued support and I look forward to seeing you on my next trip to the Treasury Valley. Very truly yours, Fred Meyer, Inc. Dave S. Husk Site Acquisition Manager (503) 797-3119 DSH/384/egs cc: Bob Currey-Wilson Scott Wippel Larry Durkin 'i4lways strive to offer Customers the service, selection, quality and price that satisfies them best."-Fred G. Meyer, Founder 1886-1978 FredMeyer, ~- _ _ March 15, 1995 Mayor Grant Kingsford City of Meridian 33 E. Idaho Meridian, ID 83642 Honorable Mayor Kingsford: P.O. Box 42121 3800 S. E. 22nd Avenue Portland, OR 97242 (503) 232-8844 TLX 360415 RECEIVED MAR 2 0 1995 CITY OF MERIDIAN I wanted to extend Fred Meyer's appreciation for the professional and objective handling of our application that was submitted to your staff some months ago. In working with Fred Meyer over the last five years I have had the pleasure of working in City's throughout the western United States. It is fair to state that the professional handling and timeliness of our application in Meridian is greatly appreciated. We are anxious to proceed with this project in light of the support we have received from your staff, councilmembers, and the general public. It is also fair to say that in other City's, Fred Meyer, is not always greeted with open arms and our efforts are. not viewed or taken seriously. Consequently our applications do not receive the scrutiny and credit they deserve. This is not the case with the City of Meridian as I have followed this application very carefully and felt that the consideration has been objective and balanced. The residents of Meridian, the development as well as the City will benefit from the efforts and consideration of all parties involved. I have been present at a number of the hearings with the Meridian Planning Commission, Meridian City Council and ACRD regarding this project and I can say unequivocally that the professional handling of this project has been noted by Fred Meyer and our senior management. Thank you again for your continued support and I look forward to seeing you on my next trip to the Treasury Valley. Very truly yours, Fred Meyer, Inc. \, ~=S Dave S. Husk Site Acquisition Manager (503) 797-3119 DSH/384/egs cc: Bob Currey-Wilson Scott Wippel Larry Durkin 'S4/ways strive to offer Customers the service, selection, quality and price that satisfies them best."-Fred G. Meyer, Founder 1886-1978 OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, CityTreasurer 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) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM: To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer Re; FRED MEYER - (FRED MEYER, INC.) (Request for Conditional Use Permit) 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 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. HUB OF TREASURE VALLEY 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 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning GRANT P. KINGSFORD Mayor MEMORANDUM: TO: Plannin and Zon' Co mission, Mayor and Council FROM: Shari L. Stiles, Planning and Zoning Administrator DATE: January 8, 1995 SUBJECT; Request for Conditional Use Permit for Fred Meyer - Avest Limited Partnership/Fred Meyer 1. Detailed landscape plan showing species, caliper of trams, and amount of paved area must be submitted and approved as part of building permit process. Per City Ordinance, one (1) three-inch (3") caliper tree for each 1,500 square feet of paved area is required. 2. A total of 36 handicapped accessible stalls are required per Americans with Disabilities Act requirements (20 are shown). Of these, five spaces should have aneight-foot access aisle to provide for van accessibility. All parking spaces are to be striped and signed appropriately. 3. All trash receptacle areas must be screened per City Ordinance. 4. All landscape setback areas are to be beyond required ACHD right-of--way in accordance with development agreement. 5. Minimum five-foot-wide sidewalks with curb and gutter need to be constructed throughout this development. ACHD has requested seven-foot-wide sidewalks along Locust Grove only. ACHD development policy requires seven-foot-wide sidewalks along arterials. 6. Variance would be necessary for 12' high fence at northeast corner of property; Ordinance allows maximum of 8.0 feet in C-G area. 7. Illumination must be designed to minimize impact on adjacent residential properties. 8. The more restrictive of ACHD's and development agreement's requirements shall take precedence. • ~~~~ .JV l.l~..7 1..~• ac ldUFiLKH1Y I I.UIVJUL 1 11VU~ llvt,. GCJO ~.~"~G~ urJ7c r . Vim v..~ r\ ~~ MEETING I~VZINUTES RECEIVED ~ ; ~~ adrant Date: 3:00 PM, Monday,.March 27,1995 .MAR 3 U 1995 Consulting. - n c. Location: Meridian City Hall ~yMER~IAN Re: Drainage -South Haif, Section ~, T3N, RIE, B1V~1(;lty~odian, Idaho Attendees: John Anderson (NMTD), )im Aschenbrenner Farmer Board), Tom Bauwens (Dakota DevelopmendAVESTPnrcel), Don Bryan (Land OwtterD Craig Callaham (Quadrant Consulting/AVEST parcel), Dorrell Hansen (ACHD), Dave Marks {Tealey's's Land Surveying/Dove Meadows), Frank McCSrady (Capital Christian Center), Jim Merkle (Hubble Engineering/Lotridge Parcel), Walt Morrow (City of Meridian), Gary Smith (City of Meridian),Steve Sweet (Quadrant Consulting/RVESTPnrcel). 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 lrrigineer, then led the discussion with a general description of the imgation 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 Rows transition from piped to ditched conveyances. (The example discussed was the current deposition of silt on Ewing's ProP~y•) 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 notica 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'/. of Section 5 (the 80 acre parcel at the NW comer 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 (ldaho units) equals 2,716 gaUmin = 6.05 ft lsec.] 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 thcright-of--way for Locust Grove Road. The ?AMID 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 azea, including the Jackson Stub and areas which drain into the Stub. A brief discussion ensued concerning the ~ acre parcel immediately west of Locust Crrove and immediately south of the Stub. By the account of Bryan, the owner 4('j$ 5. 8th Streei, Ste. 295 • Boise, l7 83702 Phone (208) 342-0091 .Fax (208) 342-0092 Internet: quedront~mlcrcn.net Civil Enalneering .Surveying Construction Monoaement MPR ~ '~5 1?~'~c 228 roc u~q~ PAG=.D1 I IFilC .`,(~-t7T 1.3 ~ .SS hIUHllKHIV I l.U1VbUL 1 l IYU r 1IV~,, cuv .,~~ c,v~... . ,,-, ,,.,,,. MEETING MINUTES March 27, I99~ Drainage ~\ r\ iiQC of the property moved out in 1992 and the property has not been irrigated since. Mr. Asehenbrenner, Sr. also mentioned that it was his impression that under a previous arrangement dtvri ~ develo Meadows (Blaser), this landowner had his delivery re-routed from the. north through Chat au Meadows u 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 io 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 f]ooding Bryan's property. 3. In light of Items 1 aad 2 above, the short-tcsm problem is solved. 4. In the tong-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 AV1rST in the routing and suing of waste flow Lincs. 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. l/~ 3 ~ 3 ~~~JS' Fitcn~nc: shs:c:11 tarp\IOIdc6 til~wasr. wLmm ,~~ -•~- X28 ^42 a©a~ oQr= -~~ ~ inr~-.per t 77J 1 J ~ JJ lolUHLKHIY t I,UlYSUL 111Y1a ~ ! IVI.. ~~ J4d 1~7G F' . L'IJ/ 17J - - ~^ /'1 MEET'YNG MINUTES ~~ March 27, 1995 ~~ ~C Drainage DYSTRIB ITION Fax: John Anderson (NMID) - 888-9859 Mr. Aschenbrenner, Sr. (NMID Board) - 888-9859 Roger Allen (AVEST) - 353-3633 Tom Bauwens (Dakota Development) - 343-4954 Dorrell Hansen (ACRD) - 345-7650 Dave Husk (Fred Meyer) - 1-503-797-3539 Bii1 GuevremonL (Sodentrom Architects) - i-503-273-8584 Mayor Kingsford (City of Meridian) - 887-4813 Dave Marks (Tealey's Land Surveyin~Dove Meadows) - 385-0696 Jim Merkle (Hubble engineering/Lotridge Parcel) - 375-0329 Walt Morrow (City of Meridian) - 888-9936 Gary Snuth (City of Meridian) - 887-4813 Mail: Jim Aschenbrenner Don I3ryaa Frank :McCrady (Capital Christian Center) Filename: stu:c:11 tempt1016,6 (ntwas~ wl,min __ MAR 38 'g5 1?~?3 TOTAL P.03 - - 208 ~4z 00°~ PAG° '~~ r eview~~ eekly • $I.SO on newsstands February Z0, 1995 ap `plans ;pans~on cal brewers are g challenged by Public's thirst for ` products .. . production to 1,500 d Craig Simon is working complete work at his new rewery, Star Garnet Brew- ~ated in a former service The Inside Report Clegg re-taurrches pro'ect: Overland and Maple Grove complex ~ue this year. Page 3A. Truckin' into'Boise Con-Way'Western .Express 'aims to fill shipping niche. Page' 6A. Northgate's last three: Golf, liquor and B,BQ outlets to finish shopping center: Page 10A._' Port of Hope: Alcohol/drug treatment center plans seven Boise-area locations. Page 20A. Fred Meyer unveils plans for Locust Grove center By Steven Anderson The Idaho Business Review A 190,000-squaze-foot neigh- borhood shopping center, domi- nated by a Fred Meyer store of 171,000 square feet, is expected to be built at Fairview Avenue and Locust Grove Road over the next 18 months. The Fred Meyer outlet will be the company's third and largest "one-stop" grocery and depazt- ment/vaziety store in the Boise area. A 167,000-square-foot store was opened at Overland and Five Mile roads last August, and Fred- die's has had a 146,000-squaze- foot store on Chinden Boulevard since 1985. A typical Albertson's super- mazket, for comparison, is 55,000 square feet. The shopping center, plus a mini-storage complex, is to be built on a 40-acre tract at the northeast quadrant of Fairview and Locust Grove that was annexed by the City of Meridian in Novem- ber. The 20-acre center will include a Key Bank, neaz the corner of the intersection; a McDonald's restau- rant; several other retail outlets; spo sperson for Fred and a 6,000-square-foot "multi- See FRED MEYER, Page 19B It's cheaper doing business in Idaho By Steven Anderson COSfS Of "dOlllg BlIS111eSS" The Idaho Business Review 111 Ke COrp $tateS Idaho ranks 47th in overall Compared to U.S. National Averages (U.S. = 100.0) ___ _ _~,_.__ ~ _,____ __, ~„_,_ -~ Parcel2 ~ Parcet 1- ° FRED'. MEYER • C~ .... U O J Z Parcel3 Parcel4 Parcels Key Bank McDonald's Fairview Ave. • US Hwy. 30 Meridian Idaho tenant building." Larry Durkin, of Dakota De- velopment Co., a partner in the project, said construction was ex- pected to begin sometime between June and August, with completion of the bank and McDonald's as early as fall 1995. The Fred Meyer store likely will be finished by late spring or eazly summer 1996, he said. The Meridian Planning and Zoning Commission recom- mended acceptance of the prelimi- nary plat and approval of condi- tional-use permits for the complex Feb. 14. Formal action by the Meridian City Council is scheduled March 7. The owner of the property, Roger Allen, is general partner in Avest Limited Partnership, which is developing it in conjunction with Dakota Development, Durkin said. He declined to release cost estimates, but said about $400,000 would be paid in impact .fees to the Ada County Highway District. The Five MileJOverland Fred Meyer, built by Bateman-Hall Construction Co., Idaho Falls, was described as a $12 million project. A ke in Garden City. Business Di~~ectory ~ ~ Page ]9B The Idaho Business Review _ Page 17A Plus Inc ................ 2805 E. Columbia Rd......:...........50,000 Plus Inc ................2805 E. Columbia Rd.................. 59,350 1n Inc .................. 6087 Clinton St...........................2,760 domes Electric ...... 7311 W. Limelight St ....................2,500 .......................... 7906 W. Limelight St....................3,500 Electric ................ 5118 S. Deselm Way....................3,000 Electric ............... 1433 Warm Springs Ave................3,500 ~mtan Electrical...... 409 S. 8th St ..............................2,100 Electric ................ 13263 W. Hobble Creek Ct.............2,400 lectric ................. 13243 W. Woodspring Ct...............2,500 own Electric........... 201 W. Boise Ave ........................2,500 ........................... 2805 E. Columbia Rd.................395,515 RING PERMITS E CITY Plumbing ................ 2012 S. Vista Ave...................... 12,000 - Plumbing ............. 4677 N. Buncelles Ave........:....... ..3,000 n Plumbing ............ 2831 E. Parkriver Dr ................... ..5,400 ~chanical ............... 9999 W. Emerald St................... ..6,428 ~dy Plmb. Service ... 12712 W. Audi Ct ......................: ..3,200 'lumbing Inc.......... 7396 W. Limelight Ct .................. ..3,000 Perfect Plumbing.... 7894 W. Pocono St .................... ..3,000 Plumbing 8< Htg...... 2375 E. Red Cedar Ln ................. 20,357 Plumbing & Htg...... 2375 E. Red Cedar Ln ................. 20,357 Plumbing & Htg...... 2760 E. Red Cedar Ln ................. 20,357 Plumbing & Htg...... 2736 E. Red Cedar Ln ................. 20,S57 Plumbing & Htg...... 2712 E. Red Cedar Ln ................. 20,357 Plumbing & Htg...... 2688 E. Red Cedar Ln ................. 20,357 Plumbing & Htg...... 2515 E. Red Cedar Ln ................. 20,357 Plumbing & Htg...... 2495 E. Red Cedar Ln ................. 20,S57 Plumbing & Htg...... 2701 E. Red Cedar Ln ................. 20,357 Plumbing & Htg...... 2655 E. Red Cedar Ln ................. 20,357 Plumbing & Htg...... 2627 E. Red Cedar Ln ................. 20,357 Plumbing & Htg....,. 2563 E. Red Cedar Ln ................. 20,S57 Plumbing & Htg...... 2601 E. Red Cedar Ln ................. 20,357 Plumbing & Htg...... 2335 E. Red Cedar Ln ................. 20,357 TING PERMITS POISE CITY 'RACTOR LOCATION VALUE sating & A/C............5118 S. Deselm Way ....................3,600 n Fabricating Corp...2805 E. Columbia Rd ....................4,438 n Fabricating Corp...2805 E. Columbia Rd .................. 20,588 n Fabricating Corp...2805 E. Columbia Rd .......:............1,000 n Fabricating Corp...2805 E. Columbia Rd ....................1,099 n Fabricating Corp...2805 E. Columbia Rd ..............1,505,434 n Fabricating Corp...2805 E. Columbia Rd ....................2,679 n Fabricating Corp...2805 E. Columbia Rd .................137,264 Heating & A/C.........4404 Pawnee PI.... t _. ..................2,310 Heating & A/C.........1410 N. Hilton St.: .......................7,987 Heating & A/C........6248 N. Prescott Ave ...................3,100 leating & Cooling.....136 Dover Ln ..............................4,500 efrigeration............205 Parkway Dr ...........................4,400 Heating & A/C........13243 W. Woodspring Ct ...............5,500 ion Air System Inc...7906 W. Limelight St ....................3,200 gating & A/C............2646 McKinney St .......................2,354 Sating & A/C............3158 Waterbury Ln ......................2,867 n's Heating & A/C....7387 W. Tobi St ............................3,100 gating & A/C............285 W. Carter St ..........................4,698 nc ........................4201 E. Carnation Ct....................3,000 nc ........................2199 E. Oakridge St.....................3,000 per Heating & A/C.....6980 Overland Rd ........................5,818 Fred Meyer Continued from Page lA Meyer, Inc., Portland, said the company was "moving ahead with due diligence" on the project. Fred Meyer plans to buy its 15.5-acre .site from Avest; the balance of the complex will be developed and leased out by Avest and Dakota. Soderstrom Architects, Port- land, is listed as architect on the FM store, while BRS Architects, Boise, is designing the Key Bank and is doing site planning for the 190,000 square feet of mini-stor- age units-planned to be con- structed in phases for Stor-It Mini-Storage, which operates sev- eral such complexes in Boise. Kathleen Weber, a partner in Avest, said the first phase of the mini-storage complex-covering about 80,000 squaze feet and in- cluding a resident-manager dwelling-is slated for completion by August. Durkin said he expected bids to be sought on components of the project as soon as June. Financing is "in place," he said, declining to elaborate. According to Durkin and Meridian City Clerk William Berg, some residents of neazby Dove Meadows, Mirage Meadows and Doris subdivisions have voiced concerns about traffic in the area. According to the ACHD, the center is projected to generate an average of 11,657 vehicle trips per day. Traffic counts on Fairview are put at 17,000 vehicles per day east of Locust Grove and 18,000 west of Locust Grove, which is to be widened by the end of the `90s. The complex is to be sur- e-- rounded by landscaped berms rang- ing from 2 feet high near the in- tersection to 6 feet high, according to documents filed with applications. Conditions of approval include the donation of $11,000 for landscaping along the west side of Locust Grove Road. Fred Meyer also operates a smaller, non-food store in Hill- crest Shopping Center at Orchazd Street and Overland Road, and plans new, large stores in Pocatello and Twin Falls. It's store roster totals about 130, mainly in the Pacific Northwest and California. Other grocery stores planned for Meridian include an 84,000- square-foot Waremart on an 8-acre site in Central Valley Corporate Park, near the Meridian Speedway, tentatively scheduled for sometime in 1996. Albertson's, Inc., has .an- nounced plans to build at the southwest corner of Ten Mile Road and Cherry Lane, northwest of Meridian's. center. Albertson's already has a store in Cherry Lane Plaza, -near Fairview (Cherry Lane) and Meridian Road (formerly a Paul's store). :~ ~~ Does -.= =packing & -- ,v~;~ shipping r; ;,'~ have you .: _ ..-- -~~ stumped? WE CAN HELP! Mom,„ 2158 Broadway Ave. • 208-343-1221 M-F 9:00-5:30 Sat. 10:00-2:00 vista typewriter IBM • Xerox • Mangy Others ~toAdldo~d /sM SektMts • SUPPLIES • ~. 1-800-886-4L 1814 Vista Ave.• 8:30 to The Commuter Puzzle 3N PERMITS , P tectlvednch 2 s a ,o ~ ,z ,a 5 Tooth s s ,s ~. to F d ire - 14 Part of a foot 3O1SE CITY ~~ ,s ,9 r 15 Smell 2, 22 23 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 RETAIUGROCERY 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. Con'ie: Mr. Mayor, I move that we approve the conditional use permit to allow the 172,000 square foot retail grocery store as recommended. Meridian City Council March 7, 1995 Page 29 Yerrington: Second Kingsford: Moved by Bob, second by Max to approve of the Conditional Use Permit allowing 172,000 square foot retail and grocery store for Fred Meyer Inc., all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR A ZERO FOOT SIDE YARD VARIANCE BY ALBERTSON'S, INC.: Kingsford: At this time I will open the public hearing and invite the owner or his designee to speak first. Gordon Anderson, 1718 N. 15th Street, Boise, was sworn by the City Attorney. Anderson: I am here to represent Albertson's Inc., what we are here to request is a zero foot off set on a line that will be created common to lots 1 and 2. Lots 1 and 2 are proposed lots of a 2 lot subdivision. I would like to point out on the map that first of all Lot 2 would be outlined by this configuration here. Lot 1 would be outlined by this configuration here. The area we are requesting a zero lot line off set would be just the line that is highlighted here. The purpose we want to do that is so with Albertson's development plan for this site and the site has some constraints which is a configuration of the lot itself. They feel that the best configuration for another development or developed building would be adjacent to and along a common property line as shown on this map. If they are developed as shown here that the purpose they wanted to develop this other lot is to sell that to somebody else (inaudible) that they will just own and maintain the remainder. Kingsford: So you are talking about using a common wall basically between those buildings. Anderson: Right it would be a common wall. I think just to highlight again, the irregular shape of the lot does create some constraints on what the development could be. The current zoning ordinance allows fora 10 foot sideyard setback only, it doesn't allow for a zero configuration. Do you have any questions? Corrie: The big plat we had sent to us earlier doesn't have that same configuration. There is shop A but that didn't come around here. Where you have it straight across, let me show you here (inaudible) you have it showing coming up here. ,,+. n MERIDIAN CITY COUNCIL MEETING: March 7.1995 APPLICANT: FRED MEYER. INC. ITEM NUMBER; 12 REQUEST; CONDITIONAL USE PERMIT TO ALLOW A 172 000 SQUARE FOOT RETAIU GROCERY STORE AGENCY COMMENTS CITY CLERK: MINUTES FROM 2-14-95 P A Z CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: FINDINGS OF F ACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: "REVIEWED" it ' ~y .~~ CITY FIRE DEPT: SEE ATTACHED COMMENTS ~ ~~ CITY BUILDING DEPT: ~~~~ s~-- MERIDIAN SCHOOL DISTRICT: ~,, ~ ~~ MERIDIAN POST OFFICE: ~~~~ ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ~, ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: ~I Materials presented at public meetings shall become property of the City of Meridian. /'~ /~ Meridian Planning & Zoning Commission February 14, 1995 Page 19 Johnson: Yes, that is your site plan, your fencing ordinance. Hepper: So at this point 1 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 AN APPROXIMATELY 172,000 SQUARE FOOT RETAIUGROCERY STORE BY AVEST LIMITED PARTNERSHIP: 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. /'~ ~ Meridian Planning & Zoning Commission February 14, 1995 Page 20 Durkin: Mr. Chairman, I would like to make arrangements for an overhead projector. While they are setting that up, I just want to say I am here tonight on behalf of the Avest Limited Partnership, I am here tonight on behalf of Fred Meyer Stores, Inc. and Dakota Development requesting your approval of our application. We are in full agreement with the staff recommendations dated January 8, 1995. A few of the points I will mention here reiterated something I said earlier. The building is 171,126 square feet. Johnson: Excuse, I will have to ask that you do hold down the conversation because it does feed back and we have trouble transcribing the testimony, thank you. Durkin: The building is 171,126 square feet masonry block and split base block construction. It is a standard Fred Meyer construction very similar to the one that you are familiar with at Overland and Five Mile. The building is 28 feet high at its highest point and the colors and what have you will be very similar to the other building. Our parking meets or exceeds the city standards including all of our handicapped parking. The landscaping as I mentioned will meet or exceed all of the city's standards and codes. The lighting will be designed and installed to reduce or eliminate any glare off of the shopping center property. And as I mentioned earlier the back of the Fred Meyer store is over 400 feet from the adjoining residential. This overhead that I have it is a preliminary lighting plan ovefiead but it is just to give you an idea of how the parking lot lights work. I would like to say that there are a number of inconsistencies in this site plan in this overhead compared with the one that we are asking approval for tonight. This overhead was prepared for an earlier public hearing that we had in this room and we also used this at our ACRD meeting. But you can see that the Carol Street is not lined up, and some of the access points on Fairview. So I am showing you this tonight primarily for the lighting but I would like you to disregard the access because of what we submitted and what we looked at earlier is what we are actually requesting your approval on. Parking lot lighting is, it is tricky, we have a large group of engineers that tried to come up with a design that is safe and sane for the public the people that are using it both during open hours when the business is open and also when the business is closed and the parking lot you want it to be lighted in some way so that it is safe. There is no reason for the glare from the lights to spill over onto adjacent properties. The light fixtures are designed with a shield in the lens and the lights that are along, the fixtures or posts that are along the streets they move the shield over to eliminate the glare from going out on over to any of the other properties. This is a photometric plan that is preliminary, it will be fine tuned but I was hoping I could show you this tonight so that you can see really where the lighting will be going out from the Fred Meyer project. In addition there is other lighting along some of the other pad buildings they will additional light poles that aren't shown on there but this really covers the Fred Meyer parcel. I would be happy to answer any questions, again I want to remind you 1 have a gentleman from Fred Meyer if anyone had any questions regarding the store construction or operation, he would be more than happy to answer questions. ~ ~ Meridian Planning & Zoning Commission February 14, 1995 Page 21 Hepper: I have quick question, it appears that the trucks on the loading dock wouldn't be able to back up in that configuration if they entered the property from Locust Grove. It appears that they would have to probably come down the loop road to be able to back up to those loading bays is that correct? Durkin: That is correct. Hepper: Okay, but in return they would probably have to exit onto Locust Grove because they couldn't make the turn to get back onto the loop road. Durkin: The semi would probably have to exit from the loop road onto Locust Grove. Vendor trucks wouldn't necessarily have to do that they are quite a bit smaller, but the semi will be in all likelihood they will come in on that loop road, pull into the project, back into the bays and then pull out. They will be going through an all movement 5 lane street up on Locust Grove and coming off of the loop road. Johnson: Referring back to your earlier testimony then you gave us an average 19 such deliveries a week, and that is what we are talking with respect to those that have to exit onto Locust? Durkin: I would say that they would have to exit onto Locust, the semi. The other deliveries are the smaller deliveries, but the average 19 loads a week are going to be coming out the loop road and going down to that intersection and likely taking a left onto Locust Grove. Johnson: Any other questions of Mr. Durkin? Okay thanks, you will have an opportunity if you wish at the end of the public testimony. Don Brian, 2070 North Locust Grove, was sworn by the City Attorney. Brian: I would like my testimony from the previous preliminary plat be reflected in this public hearing. And I would also like to reiterate the problem I have with some sort of temporary berming or fencing or screening of some type that separates this commercial development with the livestock and my property line. I have a real concern about safety of that area where the kids are going to be cutting back through going to the store and to the McDonalds and whatever is going to be over there and hitting Don's petting zoo on the way and losing a finger. I don't want some irate parent knocking on my door and asking where the kid's finger is. I think it is a legitimate concern. So something there needs to be addressed. Thanks. Johnson: Thanks Don, anyone else? /~ ^ Meridian Planning & Zoning Commission February 14, 1995 Page 22 Beverly Donahue, 3775 North Locust Grove, was sworn by the City Attorney Donahue: Also, I had a concern with all of this lighting and the security matter with all of this new growth going in is our police department going to be able to handle this or are impact fees going to be related to Avest and all these other developers that are coming in now like the fire department, police department because the Meridian Albertson's already has enough incidences down there with police calls already. Plus, I don't know do we have an ordinance about kids staying up late when summer comes 10, 11, 12:00 o'clock you are going to have a McDonald's over there, is it going to end up a hang out, you know gangs or whatever. Are we going to have some kind of thing to kind of detour that. tike Don said they are going to be cutting through his place at night or day time, we in the area would like to keep some stuff in our houses. Thank you. Johnson: Anyone else? Mary Cahoon, 1875 North Locust Grove, was sworn by the City Attorney. Cahoon: On the issue of the lights, since this is directly impacting me I took the liberty of talking to some of the people who reside behind Fred Meyers off of Five Mile and Overland. They did say that Fred Meyers was really good to work with as far as dealing with their managers and stuff but they had several problems with the lighting. They said that they could actually mow their lawns at midnight. I don't know if that type of lighting is the same time of lighting fixtures they are going to be using where I am at right now but that concerns me. Although they said that it ended up alternating turning the lights off every other one. So if we could work both things out that is pretty good but still you know they say it is stilt very very bright in their back yards. They don't front it, it is the back of their homes their. The other things that they told me is that they have a street sweeper that comes each evening and at 2:30 in the morning they are out there sweeping the street, I am going to have to listen to this. It doesn't make me very happy. The other thing is snow removal, a blade across the pavement in the middle night, they have to do it in the middle of the night and I know that but I am going to be having to listen to this as well that really concerns me. I am a working mother and my sleeps is really important. They also said as far as those trucks coming in and out they have been pretty much 24 hours a day. I talked to probably 5 of the neighbors back there and they said that it wasn't just until 11:00 at night. The red trucks they say they will come there at 4:00 in the morning, they unload the dumpsters like at 5 in the morning, they say there are some trucks at 2:00 in the morning. During the holiday season when they have to keep their stores stocked those trucks are coming in and out all of the time. From what Mr. Durkin just said as far as how the semi trucks are going to be coming obviously that is going to be me hearing the roars of these trucks. Another thing is the privacy issue, they say that their privacy is pretty much is gone although they are going to be building a wall there for them later on. And ~` ~ Meridian Planning & Zoning Commission February 14, 1995 Page 23 one of the ladies have actually lost one hour of sun in her backyard, she has a swimming pool. Other things that I am concerned with ,obviously the noise, the air pollution. You know these vehicles sitting there the exhaust fumes from the cars and stuff waiting to get in and out. The dust level and that type of thing. Alidjani: A couple of questions, the people you talked to were they on Overland and Fred Meyers area we are talking about? Cahoon: They live on Southerland and they would be willing to furnish me with names. Alidjani: What is the distance between their homes and let's say the Fred Meyers docking area on that side versus this one that they are claiming that is 410 feet or 400 feet between the dock at the Fred Meyer and the residence on the north side of that lot. Is it closer? Cahoon: Well, their situation is a little bit different because obviously, I have the road right there on, the loop road (inaudible) is in alignment with the north side of my property. Alidjani: I understand your side where you are at. When you talked to the people in the Five Mile area, how close are their houses to the Fred Meyer? Cahoon: I don't know the footage, the back side of the building is right behind them, their little delivery road or whatever is right behind and then there is a like a little swampy area. So it is about the same, but see I don't know exactly where Fred Meyers is going to be as far as like the parking lot and everything. Alidjani: Thank you Cahoon: I want somebody if they would pretty please to come out and mark on my property line how much of my front lawn you are going to take and also could you mark on Fred Meyers side where that loop road is going to be so I can kind of see where that road is in accordance with the location of my property? That is it, oh, I also have my little letter that I wrote with my points. Johnson: Has this been submitted before? Cahoon: No Johnson: Thank you Karen Blayney, 2000 North Applewood Avenue, was sworn by the City Attorney. ~`` /"~ Meridian Planning & Zoning Commission February 14, 1995 Page 24 Blayney: I just wanted to move my comments from the preliminary plat and go on record for the Fred Meyer the things that I was talking about as far as the berming between me and Fred Meyers until they put up the storage buildings and I am still concerned about the noise and the lights. Thanks. Johnson: Thank you, is there anyone else that would like to address the Commission on this application? Is there anything you would like to say Mr. Durkin? Durkin: I have just an answer to a question you are asking. The Overland and Five Mile Store is, it is quite a bit of a different layout. The property at Overland and Five Mile was purchased by Fred Meyer about 15 years ago. It is a very long, shallow piece of property. They have a specially designed store to squeeze in there if you will and it is less than ideal layout for them. As far as I am understanding they have not, they have some work to do in the back of their store that is not yet completed. I believe there is going to be a wall back there and some work there to a drainage pond, I am not certain of that. It is not the same type of a back of the store that we are going to have here, this is going to be nicer. The other point is the distance between the back of their store and the closest residence is about 60 feet at Overland and Five Mile, the closest residence that I can get to here is about 350 feet, I would just like to walk over to the overhead for a moment. I always lose my bearings on these things. My understanding is the woman that just testified lives right here, the woman with the concern, is this about correct. From our scaling that is about 350 feet (inaudible) which is over a city block from the loading dock here to her property line. 1 am not positive as to how far her house is from the property line. But it is a great difference compared to the Overland and Five Mile store. We certainly have a conflict in opinions on when the trucks are coming and going. The only thing I can suggest on that is there is at that development across Five Mile there are additional retail developments and I don't know if the delivery vehicles are cutting through Fred Meyer and going over there, that is the only explanation 1 can give you. But, I am again happy to go on record tonight in testimony that on behalf of Fred Meyer that they average 19 trucks a week. That the bulk of their deliveries are during the day, it is extremely rare that they have a delivery after 10:00 o'clock at night, they don't have the staff to handle it unless it is an emergency where they are running out of something. So the only other suggestion I can give is that it is a new store and maybe they were talking about the deliveries during the original stock of the store or something like that. The lighting here, this is the last comment I will make, the lighting in the parking lot, there is an energy management system and the bulk of the lighting is shut off at 11:00 at night, it just clicks on at each pole there is a security light which is a small light but the rest of the lights go off. The lighting on the Overland and Five Mile store I am not familiar with exactly what it is, 1 can tell you that the property that is developed is in the county, it isn't governed by any City codes. Meridian has strict codes on what lighting can go over and if the adjacent property owner can mow their lawn off our lighting in the middle of the night the City has a code that they will enforce to make Meridian Planning & Zoning Commission February 14, 1995 Page 25 that not happen and we are in agreement to abide by that code. That is it. Hepper: I have a question, you said you have a lot of excess dirt, 65,000 or something like that. Are you going to haul that dirt off site or are you going to store it on perhaps lot 9 to the north. Durkin: That was our plan, that is what we did at our South Shore development in southeast Boise where we stored our extra material between our project and the adjacent residential areas. Hepper: With a pile of dirt like that would it be prohibitive to string it out into a long berm configuration for later removal. Durkin: That is quite a bit more than, I certainly wouldn't want to be in a position to commit to build a berm out of that much material, that is far more material than you need for a berm along that north (inaudible). Hepper: I am just talking a temporary berm until a later date when the dirt is removed and the storage facilities are built. Rather than one big pile out in the middle of that lot, if you could string it out. Durkin: We normally would stock pile with a scraper and they do it in long rows. Hepper: That is the way I have normally seen it done. Durkin: That is how we would do it. Hepper: Twenty feet wide on top and 30 foot wide on the bottom and 12 or 14 feet high or something like that. That would seem like the normal way it is done and 1 think that vwuld alleviate some of the concerns about trying to block some of the noise and glare and (End of Tape) Durkin: We would certainly be in a position to if we can call it a temporary berm, we are not going to have irrigation facilities as far as watering on that side, but we would certainly be in a position to commit, we would prefer to call it a stock pile of some excess material along there. There are a lot of field decisions and I wouldn't want that to hold up any kind of, as far as people out there measuring that, it is hard to be accurate with scrapers. We would certainly be willing to commit to stock pile some of our excess top soil along there. Hepper: I think that was the general idea those of those people. /"~ ~ Meridian Planning 8~ Zoning Commission February 14, 1995 Page 26 Durkin: That was actually our intention, I was trying to get the quantities and the miles and miles long if we used of the material. Johnson: If you have any excess topsoil the City of Meridian could use it for their new park, Tully park. Are you finished Larry, is that it? Any other questions? Is there any one else from the public before I close the public hearing? 1 will close the public hearing at this time then. We have preliminary findings of fact. Alidjani: Wayne, do we need any additions or deletions on these findings with respect to the questions and answers. The stockpile on the north on Lot 9. Crookston: Certainly the testimony is not reflected in those findings. You could approve the findings with the addition of a synopsis of what the people testified to which could be added after tonights meeting. You could approve them if the findings meet your approval and you could do anything you want with the decision. Johnson: So, what would you like to do? The same comment you made regarding the berm is it in these findings of fact too? Hepper: I think the findings of fact are sufficient and we have a verbal commitment from the developer on stock piling the dirt. I am certainly not going to, I don't think place any restrictions on the size of the temporary dirt pile, it is just an attempt to try to minimize the noise and glare. And the developer has verbally committed to that as part of the testimony. So I think the findings are adequate. Johnson: Do you want to make that in the form of a motion? Hepper: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions with a synopsis of the testimony. Rountree: Second Johnson: It is moved and seconded to approve of the preliminary findings of fact and conclusions of law as prepared with a synopsis of the testimony presented this evening, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: Is there a decision or recommendation you wish to pass onto the City? i-. /"~ Meridian Planning & Zoning Commission February 14, 1995 Page 27 Hepper: Mr. Chairman, I move the Meridian City 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. Johnson: We need a roll call vote first. ROLL CALL VOTE: Hepper -Yea, Alidjani -Yea, Rountree -Yea, Shearer (Absent) Yea MOTION CARRIED: All Yea Johnson: Now the decision please. Hepper: Mr. Chairman, I move the Meridian City 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. Rountree: Second Johnson: It is moved and seconded to pass a recommendation as stated onto the City Council, all those in favor? Opposed? MOTION CARRIED: All Yea Crookston: I just advise the people in attendance that the reason for amending the findings to reflect the testimony is that will be forwarded onto the City Council. Hepper: Mr. Chairman, I have a question is if it wouldn't be appropriate to read item #7 on page 9 just so the public would be aware of what it was that we just passed. I think they have some questions. Johnson: You can do that but these are public now that we have passed them on and they could get a copy if they want from the City Clerk tomorrow. Go ahead if you want to read it. Hepper: It will just take a second, I think it is pretty conclusive of all the testimony we have. As a condition of the conditional use permit a landscape plan must be submitted to the Planning and Zoning Administrator. At a minimum it must provide for 35 feet of landscaping along Locust Grove Road and Fairview Avenue and at least a solid 4 foot high berm or masonry fence along Locust Grove Road measured from the highest point i''~ t. HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk MAX YERRINGTON W S y CITY 4F MERIDIAN ROBERT D. COPR~E eer GARY D. SM TH P.E C ty Eng WALT W. MORRO\S BRUCE D. STUART, Water Works Supt. s 33 EAST IDAHO SHARI STILES upt. JOHN T. SHAWCROFT, Waste Water KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner & Zoning AOm~nistra:r W.L. "BILL" GORDON, Police Chiel JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 Chairman -Planning 3 Zc^ -~ Public Works/Building Department (208) 887-221 I GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian 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: Fred Meyer, Inc. LOCATION OF PROPERTY OR PROJECT: Northeast comer of Fairview Avenue and Locust Grove Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P/2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C _MAX YERRINGTON, C/C -WATER DEPARTMENT -SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT CITY ATTORNEY -CITY ENGINEER -CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES ~~ r ~ ~ OTHER: / YOUR CONCISE REMARKS: ., v ~ ,~.. 01/06/95 17:27 $208 $45 7650 ACHD tg~VUl/UV1 ~~ ~ \ i, ~ ., _ GLENN J. RHODES, President SHERRY R. HUGER, vice President JAMES E. BRUCE, Secretary JA ~ ~ U 1~~~ DATE: December 28, 1994 ~~ ~~ ~~~~~~A~ T0: Avest Limited Partnership ATTN; ROGER H. ALLEN 600 N. Maple Grove Road Boise ID 83703 FROM: ACRD Development Services Division RE: AVEST PLAZA SUBDIVISION 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 iasues related to this project prior to making any decisions. cc: W & H Pacific, Stephen H. Sweet - (Fax #342-5353) Dobie Engineering, Pat Dobie ACRD Traffic Services - Dave Szplett Ada Planning Association - Erv Olen (Fax #345-5279) Project File Chron ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 Post-Itm Fax Note 7671 oa~e ~ G a~o~- To k. From L4~1(' Co./Dep , O~i Co. Phone i Phone a Fax ~ Fax fl JAN 06 '95 16 18 208 345 7650 PAGE.01 ~ ~f c~ ~.~LENN J. RHODES. President SHERRY R. HUBER. Vice President JAMES E. BRUCE. Secretary TO: ACHD Commission /'~ INTER-DEPARTMENT CORRESPONDENCE AVEST/DSTECH 1-4-95 DATE: January 6, 1995 FROM: Development Services 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 • Boise, Idaho 83714 • Phone (208) 345-7680 PRELIMINARY PLAT ^ Avest Plaza Subdivision January 6, 1995 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. 8. 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 ~~,5 Avenue beyond the existing five lanes. Staff recommends that y \.~ 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 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-of-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 ACID Ordinance #188. 14. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on January 10, 1995. SITE SPECIFIC REQUIREMENTS: Jf~ 1. Dedicate 5 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. , 4. Construct a 5 foot wide concrete sidewalk on Fairview Avenue 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 ^ Avest Plaza Subdivision ~ January 6, 1995 Page 7 10. A right-of-way permit must be obtained from ACID 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 CENTRAL ~• DISTRICT 'HEALTH DEPARTMENT Rezone # ,~ e8 :. . i t: c.} ~.~ ii 1`~` s" ~•6 Conditional Use # ~~ ~~~~-- Preliminary /Final /Short Plat ^ I. We have Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type-of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ~7. After written approval from appropriate entities are submitted, we can approve this proposal for: ,central sewage ^ community sewage system ^ community water well ^ interim sewage "central water ^ individual sewage ^ individual water ^ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water 9. Street Runoff is not to create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 12. We will require plans be submitted for a plan review for any: ~$~ood establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ~~13. ~~s REVIEW SHEET Environmental Health Division Date: / / / Reviewed By: ~T Return to: ^ Boise ^ Eagle ^ Garden city Meridian ^ Kuna ^ Acz CDHD 10/91 rcb, rev. I I/93 jll R 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 COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA CITY OF MERIDIAN MAX YERRINGTON WALT W MORROW 33 EAST IDAHO SHARI STILES Planner & Zoning Atlminrstrator MERIDIAN, IDAHO 83642 (~'n~ n JIM JOHNSON ~~ L~ U V ~© Phone (208) 888433 ~ FAX (208) 887-4813 Chairrnan ~ Planning 8 Zoning Public Works/Building Department (208) 887-2211 ~ ~ ®~~ tt GRANT P. KINGSFORD f~,`34 Mayor NAMpq $ M~RIP{~~l+J IRF1tGA71®f11 D1S' " l iir TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Wiil Berg, City Clerk by: anua~y 3 1995 TRANSMITTAL DATE: 12/19/94 HEARING DATE: 1/10/95 REQUEST: Conditional lase Permit - BY: Fred Me er Inc. LOCATION OF PROPERTY OR PROJECT: Northeast corner of Fairview Avenue and Locust Grove Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P2 ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYO R ~_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 FIRE DEPARTMENT OTHER: atera s and waste ways YOUR CONCISE REMARKS. POLICE DEPARTMENT must be protected. Municipal surface drainage must - CITY ATTORNEY be retained on site. If any surface drainage leaves CITY ENGINEER the site, Nampa & Meridian Irrigation District must __ - CITY PLANNER .review drainage plans. It is recommended that 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 ~lattinQ. Contact Donna Moore at 343 1884 or 466-7861 for further information. _ ,,-AN ~ w`' ~~9 t ~rx . ~., ,s...s. ~., ei Nampa & Meridian trriga>=ion llisLricL ~-, n '~a~~ia. & ~l~~idia~s ~vrigat~o~ Dca~ztct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 5 January 1995 OFFICE: Nampa 466-7861 Bill Guevremont Boise 343-1884 Soderstrom Architects, P.C. SHOP: Nampa 466-0663 Boise 345-2431 1200 N. W. Front, Suite 410 Portland, OR 97209 RE: Land Use Change Application for Fred Meyer, Inc. Fairview~Locust Grove Dear Mr. Guevremont: 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 Water Superintendent fired Meyer, Inc. - Dave Husk /City of Meridian enc. ~~ ,r 1 ~F;"a:~,~~ ~~~~ ~~ 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 0. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chiel W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAk YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Admm~sfrator JIM JOHNSON Chairman ~ Planning & Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ 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: ed e 1 c. LOCATION OF PROPERTY OR PROJECT: Northeast corner of Fairview Avenue and Locust Grove Road JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P2 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 MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM 8f FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: j.. ,y .., x ~ ~. , .. , . .. . 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 ~ 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~i813 Public Works/Building Department (208) 887-221 I Idaho Power TW ~cM++s 322-2047 ~ Z.L9-9~ JAe~ 1 D ~~v City of Meridian 33 East Idaho Avenue Meridian, ID 83642 To Whom It May Concern: January 10, 1995 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 receivedl proper notification. Thank you. Sincerely, Mary Z. Cahoon c~..~ . C Charles H. Cahoon MZC 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. i). 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. Gwfn 7). The business hours should be with the opening and closing of th It would be best if the businesse Road opened no earlier than 8 am were the type that weren't open on /`~ set so as to coincide somewhat e other businesses in the area. s 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 th A. Homeowner any Gavin, Taxpayer n~ ~ ~ECI~Y~I~T~ .tAN 0 9 1995 ,. ,, CITY ~~' fil.i~f~i~f ~ 1 /~ ~ e. :; r „,_ !~ 9 f ~ !` ~ l a r _ • f ~ / ~ / ,~ ~>J;gam ~ ~fj ~3 jJJ ~y ~/(~ f ~ ry` fi f i ~` %4/d/G..~ :~~~•e~i~- ~.! 'f ~ '~f~"~".~.~~y~,.. -..,~ ~ ~.~r $.~. _: 6ee'.~f .>-+4r° .3 ~.,J[,.d` / .,al~ ~f~*t ~~'"~~~'.. ~/ `ice ..Ad' '~' - iT b ~i// __ ~~" / q ,~ t ~ "~ h ~ ~ f 2 ~" ~~~ ~-~ ~~ ;1 ~ L' l ~;'' (~ s~ ~ ,' I v ,. ~` ,, ~, .~ /Yl^r~..~ Vii., ~, ~' .,,~/~ ~ ~-~~I, ~ ~v> ~ ~ ~:~ ~' % .~..~ .._~.,-j---a, ~ . ~ ~' ~` ~_~`;zy~_sZ.~ ~R r a....~.~ A . ,...>... .,...~:: --r-~-°' _ . ,C. ' <'. ~ .. ~ ' ~~ ° } ~, ~ ~.- ~ , .rr P 4 .~. Fes-; s .,~ -~ d, -~~, ,..,~ ;: ,, ~ - 1 1 ' j'~ ''`~-°' .~=-~~ r~_ ,°~, t~.~t~---~-r~ .~.'' ,cir,~--.---~-~--ate ~~- :t_ r 3 1 ~..,.: ~"b'-....- ~f' -gig .F, ..~ . -'~./..~; 3~'F..-~ ~ m -°:.~ f '.~~'f.. t"_.' „'°s .hf`.-.f/t~.~ ~ _..~.y~t ,~ •: ` ~ 5« ~ ~ ~1 j p / r .:. ~ - r ~` ., ~ ~ ,a .. ~: ~ .~ t~ <' ..,d_ ~ f Y 4 ,.~~ ,~ ~~ Carolyn Haynes 1550 S. Carol St. Meridian, Idaho 83642 CcNTRAL ~~ ~ DISTRICT ~~_ DEPARTMENT MAIN oFACE •707 N. ARMSiRCNG ?!. • BOISc.10.831C4 • (Z08) 375-211 • FAX: 327a.~A ?o prerent and treat disease and disabilify; to promote healthy lifestyles: and to protect and promote the health and qualify of oar acvirortment STORMWATER MANAGEMENT RECOMMENDATIONS We recommend that the first one half inch of storawater 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 cauld be used for guidance are: 1) STORMWATER MANAGEMENT MANIIAL FOR THE PtTGET SOUND, State of Washington Department of Ecology, February 1992 Z) ADA COUNTY HIGHWAY DISTRICT GZTIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGr'~NT 3) CALIFORNIA BEST MANAGr'~1T PRACTI~ HANDBOOK ' Prepared by Camp Dresser and McBee, Larry Walker Assoc., IIribe and Assoc., Resources. Planning Assoc., for the Stormwater . Quality Task Force . 4) URBAN STORM DRAINAGE CRITERIA MANIIAL Volume 3, Best Management Practices Stormwater Quality IIrban Drainage and Flood Control District, Denver, Colorado Sercirtg oalIet~ Eiatore. Boise. and Adn Coarttlrs ~aareom.co~.rl,om~. wlca~.-+ >Qr ~. anm~o~ a IdOS &mens 9ca~.ID..b370/ 8aet.~D. Erneo.Heomtmaeo9 9J705Ri.3'leas~ ~, P~+g:a Imo Sze aleiidcLD. ~+u~mrlaa~ r>~>~~ Nmdiac~~TdC0 WIC:'?]-;•tA9 en+a.ca.+ncsu SZO E i>R~55exK Ma~n~St Hamt.lQ. d76e7 Rt 591-~07 an+or.cowryax. d E~xiarnaud NeCtll1 190Se~5heerE MottncztFlpfne.iD. ~auatist-~ v~arcowromo. Pae~ lei Fh6k~71Se n L ~~ 0 i .1 V! I 1 ~ 1 y 1 I 1 ~ 1 1~ l~i~~~ti' I u Illy l 1 II I I I 11 II 1 I i! ,I I I li 1 I I N II I I 11 ~I I I 11 ~( I I 11 I I N I 1 1 N ~ I I 11 i I I /! i 1 I µ ~t t I M I I I f! I I 1 fl ~1 1 N t I fl '1 I 1 11 ,1 I ~ II I I p ~t I I N ~I 1 11 ~1 I 1 II t I fl I I I 11 'I I I 11 , I I I II I I I 11 I 1 I I li ~I 1 I p IJ I 11 I I 1• I 1 N I I I I 11 ,1 II I I I II I I I I 11 ~ I 1 11 I t i 1 11 I I I I II I I 1 11'I I .~)1 I I ~ 1 ~ (fl 1 I I TAl l I 1 1 / J'-J'I ' VI ~yI I ! ! I~+11 I I /I j ~I 1 !la I'I / i I 1111 I I I I I I III I I 11 L i j"I I ~~ 1 ~Ij ~I I I ~: I"flI . I a I I 11~ I I i I I I ~I ~ 1 ~ i n/ 1 11 1 ! I 11 I I ~i If 11 I III I n t,r I 11' i 1 Ij ~i ~ it ~~ ~I i~ li tI' 11 II i 11 , I t 1 ^~~11I' 1 ~ Iii +ill I \!: I ~. 1 f I ,\ it I l 11 1 I I 11 ~ I I (_~1 I II ~~-y11 I 1 II yi I I 1 II I I. I 11 j- I I1 I it 1 II 1 11 I II 1 If' 1 I. 1 11 I I 11 I I, 1 11 I I II I 11 I II 1 it ' I l i it I Ij I 11 I I I 11' I II I 11 1 I' I 11 ~ I II I 11 I 1 I 11 ~ 1 it I I 1! I 1 11 1 I 1 11 ~ I 1 11 ~ I I 1. II k'i I k I - I 1 ~' I t 1~I I y 1 - I '1 1 , ' 1 1 f I II ' 1 I I~ ~ 1 ~~ I~ ~~ CAROL STREET I ~~ ~ -~ ------------r------------------ ~---------------------------_-_--__--_-_-_--__-_-_--_-_-----_-- ------- ~r---------a----------a - ~4 ~~+~ -------i-ia~~~-=--- ----- ~i ~,- a' 't7 0, , .~ ~~ D i r' r Vl D Z D --_ p D ~o z ~. r, -?-+(pr ~~m3 C(! ~ ~ -U mNp~' 3~C7Z ~,~-~p -{ -0 = -n m~'mX D~pc m D~~?'~ ~mZD r rn ~l m p rrt 0~ -~ -~ m D w w N ~~ m~ ao m z r O n c ~I 3 O m m_ O m D i ,~ ~ , ,- ®X -a _ nN ~~ ~ ~~ 0 ~ ~ D ~~ r n D ~ ~D z~ ~m -~ O z m b C3 .~ ~~ m0 Qc 3 ~' rnT -{ r m~ ~~ ~o m3 ~ ~ ~ ~ ~3 ~3 N O= _ D ~ A ~ ~_ 61r U, l,r ~ 0 zz 4~ rn rn m~ ~n ~ m ~~' Zz 3 ~rn r~ . °o ~. ~ N ~~ ~ ~rn ~m rn O ~ Z ~~~~~~~ AVERAGE DAILY TRAFFIC -~ looo- 500 ~ r-----~ L----J W W IY Vf O W~ J a C 1 0 0 QED MEYER TRAFFIC STUDY OAKCREST DRIVE u if ifp'77771d / ~ ~ .. ~~~~ ~~~;~ 2 ~J a ~ ~ ~~ ~ ~~~~ .~ 8 6~~~~ 9 t~~ a f if C~\~~~~\~~~~ ~O ~ 2500 v I if if if ' I • f i • f i f i f i f i f i f if ~~ m ~ ~ -~~ ' ~ r-~ ~ PAD , ~ ' i i °o O ~ o° -.+~--~ °o °o I i N °o ® C ~ tV ' L J ' ~ 1 ~E -- IGNAL ---0 --_ 9 O -----D PROP D SIGNAL- -- -- ------ ____ FAIRVIEW AVENUE - U.S. HWY. 30 ' ' o g .- ' ' TroHie Study P-.ae.d 9~ Ddr~ SUPPLY _ ~p• ~ N~TM (UNDER CONSTRUCTION) a® ~ ADT ~ AVERAGE DAILY TRAFFIC PAD ~~ oaeE oaar~~Q ac rw~rw~a sew pegfr.o~ ~, /'~ APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions this ~~ day of ROLL CALL COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) (INITIAL) APPROVED 199~`~ VOTED VOTED VOTED VOTED c~C VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ~~~sT ~~~~ ~~~~h ~~-v~.evy ~.~f~ C'andi~s~c~ G~.t~~ ~ ~ . HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEM6ERS WILLIAM G. BERG, JR., City Clerk CITY OF MERIDIAN RONALD R. TOLSMA I GARY D. SM THS P.E. City Eng Weer OBERT D. CCPR E BRUCE D. STUART, Water Works Supt. WALT W. MORR01"d JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief " " MERIDIAN, IDAHO 83642 Planner & Zoning Atlmin~strato~ BILL GORDON, Police Chief W.L. JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 Chairman - Planning S Zcn~-- 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: Fred Meyer, Inc. LOCATION OF PROPERTY OR PROJECT: Northeast corner of Fairview Avenue and Locust Grove Road JIM JOHNSON, P/Z MOE ALIDJANI, P2 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 8~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RE~.AMATION(Pl~IM & FIN%~~i~,AT) CITY FILES (( )) ~ /'~ YOUR CONCISE ~i a ~ W ," _ w . .t. 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 RETAIUGROCERY STORE BY FRED MEYER, INC.: Johnson: I will now open the public hearing. And I vrrould 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, 1 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 /'~ Meridian Planning & Zoning Commission January 10, 1995 Page 26 /'~ Commission becomes our property. (End of Tape) the site plan, the yellow circles identified are parking lot lighting facilities again this design is aimed at keeping the light within the site and have no spread or migration off site. Again we use a very specialized fixture that has shields in certain sides to prevent migration off site. This is a typical fight standard 35 feet high, you can see the cut offs blocking from a standpoint of the light filtration off site. The stores hours of operation typically will be from 9 a.m. to 10 p.m. some of the lot lights will be left on during the evening hours but very minimally just from the standpoint of security. If there is any other questions that I can answer I would be more than willing to as far as our commitment to this project and the City and the State. Johnson: Are there lights of this identical type being used now in any area that you are familiar with in Boise? Husk: ~VVe just completed the development of a store at Five Mile and Overland in Boise and that store has a very similar type fixture that would be used in this development. It wouldn't be identical necessarily because we bid this type of product and as the market changes our selection changes. Husk: Who do I leave the overheads with? Johnson: Will Berg our City Clerk, he is the keeper of the goodies. Is that all you had were 2, or do you have more? Husk: I have others that I can share that relate to basically landscaping, berming, buffering and just the general site plan as well as the plat. Johnson: You might want to wait for those. Thank you very much, any questions of the applicant? Shearer: How does this store compare with the one on Five Mile and Overland, are they approximately the same size? Husk: Actually not, this store, size wise is approximately 5,000 to 7,000 feet larger, but if you look at the development site, you can compare the size of this facility from a standpoint of the land area. This is a perfect site for us because the site size provided us an adequate size to where we could park, what we need where we can access, what we need. We can provide adequate facilities to service the public whereas at the Five Mile site it was very narrow and very long. This is a different type of building but it would have the basic same type of merchandise in the store. Johnson: Thank you, anyone from the public like to address the Commission? /'~ Meridian Planning & Zoning Commission January 10, 1995 Page 27 Don Brian, 2070 North Locust Grove, was sworn by the City Attorney. Brian: I just wanted to take a brief moment to use this forum to campaign a thought to Mr. Sale on what he had to say about Dixie Lane about making it into a bike path or whatever. It seems to me with all the traffic it would make good traffic sense to get the flow around this project. If there is somehow you can tie at least the north section of Dixie Lane where the residences are now to some development, either Dove Meadows or Mirage Meadows or Dixie Lane to take the 5 or 800 houses in that development in that section of land and give them an additional access to Fairview or Eagle Road. I wonder if that has ever been addressed in any of their trafFc studies and what they are going to do with the residences that are back there right now and they are going to be landlocked. And where are the exits going to be. I thought that might be an avenue to look at maybe. Thank you very much. Johnson: Thanks Don, anyone else? Karen Blayney, 2000 North Applewood Avenue, was sworn by the City Attorney. Blayney: I just had some concerns abut where the loading dock and stuff was going to be on the Fred Meyer plan. I would like to have a little further information, see kind of how it fits in the plat before a conditional use permit is given. I don't know about anybody else but 1 really other than kind of seeing what they were going to do with the plat there are just some little lots carved out and stuff. They really don't have a lot of information about what is going to happen and where things are going to be located on the store etc. That is it. Johnson: Thank you, anyone else? Mr. Sale, would you like to address the one comment please on Dixie Lane if you can at this time? Larry Sale, 318 East 37th, Boise, was sworn by the City Attorney. Sale: Mr. Chairman, members of the Commission with regard to the extension of Dixie Lane to Fairview Avenue that was a battle we fought and lost. The Highway District staff recommended that Dixie Lane be made as a full public street access to these subdivisions. The developer objected to that and hired a traffic engineer and the traffic study indicated that the improvement was not necessary and the Highway District Commissioners and the City elected not to make that requirement. At the time we thought it was a good idea and 1 think looking back on it, it is still a good idea. The door is shut now. Johnson: Thank you for your comments, I appreciate it. Would the developer or his representative share with us if you would please more specific information on the loading dock or docks. /'~ Meridian Planning & Zoning Commission January 10, 1995 Page 28 Durkin: From what I, I am not quite sure where exactly her home is, but there is a 300 foot land area between the loop road and the subdivision to the north. The loop road is 50 or 60 feet and the loading dock is set back from there. (Inaudible) Durkin: It is over a city block away from the residences, the loading dock is. Between the loading dock and any of the residences there will be a storage, mini storage facility which provides great screening from view and also from noise. Johnson: I must have. missed something, was he pointing at the location of the loading dock area just then? (Inaudible) Johnson: I understand the distance, where is the loading dock? Durkin: This site plan, it shows the entire shopping center but the land to the north it just goes to the loop road so there is a great distance. (Inaudible) Durkin: The loading dock is to the back of the building, you can see the trucks back up to it. Johnson: Thank you, I just wanted to make that clear for the lady that had the question. Is there anyone else from the public or anyone else that would tike to testify at this time before the Commission? Seeing no one then I will close the public hearing. What would you like to do? Rountree: Mr. Chairman, I move that we table this item until (inaudible) item #6. Shearer: Second Johnson: We have a motion to table this item also until item #6 is resolved, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: Does this have to be table to a date certain or just tabled? /"~ }rte v • ~ , ` Meridian Planning & Zoning Commission January 10, 1995 Page 29 Crookston: It should be table to a date certain. Johnson: So we should (inaudible) on 6, 7 and 8 and change the date is that right? Crookston: Correct. Rountree: To our next regularly scheduled meeting February 14, 1995. Do we need a motion to that effect? Johnson: Yes Rountree: I so move. Heppe: Second Johnson: We are incorporating 6, 7 and 8 on our agenda in the motion or just 8? Rountree: All three. Johnson: We have a motion to table 6, 7 and 8 date certain February 14th our next regularly scheduled meeting of Planning and Zoning, all those in favor? Opposed? MOTION CARRIED: All Yea FIVE MINUTE BREAK ITEM #9: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING FOR THE LAKE AT CHERRY LANE SUBDIVISION. NO. 5 AND 6 BY STEINER DEVELOPMENT: Johnson: I will now open the public hearing and invite the representative for the developer to address the Commission at this time. Steve Bradbury, 300 North 6th Street, Boise, was sworn by the City Attorney. Bradbury: Mr. Chairman, members of the Commission, as I said my name is Steve Bradbury I am an attorney with offices at 300 North 6th Street, primarily practicing in land use planning law. I have been asked to act as the spokesman for the applicant Steiner Development tonight. I am going to try to keep my comments brief since it has already been a late night. I do have a couple of things I do want to point out to you. To my left is a drawing of the plat, as you can see it is colored and I am going to try to explain a little hit about what we are doing. The location of the project is on the west side of Ten Mile MERIDIAN PLANNING 8 ZONING COMMISSION MEETING: JANUARY 10,1995 APPLICANT: BRED MEYER INC AGENDA ITEM NUMBER: 8 REQUEST: REQUEST FOR A CONDITIONAL USE PERMIT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: COMMENTS SEE ATTACHED COMMENTS COMMENTS FORTHCOMING "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS IDAHO POWER: SEE ATTACHED CO MENTS )` 1 US WEST: INTERMOUNTAIN GAS: ~~/~ Q , ,. ` BUREAU OF RECLAMATION: ,~ C1~' ~ 'Ijili' (~ OTHER: 4 1 r~ /"i ~~ r-~ ~ ~ ~_ -f m Z ___ -- _LOCl1ST G-ROVE RO.^-,D ------------------------------------------ ~- NEW A.C.HD. RO.W. 1 - -O 1 '~' ~> I rte---- i i , , ~ ~ , , , S ~ , ' ~ ; ' m ~. ~ ~ ~ ~ ~~ ~ ~; ~) O-~- D rn --CJ , , ~ ,~a. ~ b ' '?~~c 1 ' P ~ •, , p ~ , , , , // , ~ //~ ~' ' - ,L ' ;A v 5G QlDILD ' zoNE c ` r--O 'm .E ' D ~ ~ , , ~~ ~ ~ ~~ ,m ~ z •- , , c ,.,,~ m ~ .,, , ' ~~ 50' NO-BUILD ' ZONE -- .:.~...»....» ...............: I :.~ ym_ , , ~~ ~ ' ' ' ' r O IWJ. ~ z , ~ ~ ~cn ~ I .... ................. I ..~::» ~ , ~ ~ , , ~ i~\~ , , Z ~ , m E ~ , ~ , ~ ~ ~ D , , i i i , _ / \ I i , ~ i i ~ , Q / \ , A ~ , ' ~ O E ~~ -< A n _ m _ e ( b v ~ €~ ~ I 1. b ~ ~ 3 of ~ :~ ~. ' yam. ..f ~ o. t a I m ~' ~ o. s..,...,...~ ~1~7) EE a ~~~~~~01>t~~ g~,byp~e ~~ao ~ •fM1A' ;.r•6~ A~~~"rA ~"~a m n A ~ ~~~R~~S~ ~R°~ ~ n ~; ~ g;~~ m ao~ ,: z»~n N X00 ~~ ~ Ra o Q~S px ~~ s a ~ ' V ~ n t n K~ S of @ i I ~ i i '~ ~ -'c ~~.~~_.- h=W'r-.r.~. ._~ -.~:~. J• ~ IOfi NFSf RIVER n. w Enos ae U' `~ ~ `~ K=1' ~ ANK ~ ~~_ Jam! ~ >~~'~° ~ 1i I ~P (P ss itE~~GL3' GC/_ A~~ ECM/ FAX (1311 ~bl1iD -------------------------------------- --------------------=----- ----------------------------------------------------------------- •- r N O z r n z m ~ r-` HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk CITY OF MERIDIAN MAX YERRINGTON ROBERT D. CORRIE GARY D. SM THS P.EyCity Eng Weer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste Water Supt. Planner & Zoning Administrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 "BILL" GORDON, Police Chief W L JIM JOHNSON . . WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 Chairman -Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: January 3~ 1995 TRANSMITTAL DATE: 12119/94 HEARING DATE: 1/10/95 REQUEST: Conditional Use Permit BY: Fred Myer, Inc LOCATION OF PROPERTY OR PROJECT: Northeast comer of Fairview Avenue and Locust Grove Road -- JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C _MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM ~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: "~ CITY OF MERIDYAN APPLICATION FOR A CONllI'1'IONAL USE PERMIT NAME; AtxvliCarll: Prod Mover In c (Dave Husk) Phone So3/23Z 8844 AEe~it for Anolicani• Soclemtrum Architects P BiII Guevremont) Phone. 503228-x617 A¢cnt fvr Owner: bakota DevelOp mcnl (Tom Bauweosl one' 208/343 5223 ADbRE55: Arn~lieant: 3800 S E 22nd Ave Penland OR 97242 Agent for Atrolicant: 1200 N. W. Fro nt_ S,;tp d10 Portland OR 97209 Atrent for (7wner: 3ttt) E parkcenter Blvd Suite 105 Boise ID 83706 GENERAL. LOCATION: Northeast Corner of Fairview Avenue nd N i ncua rr~ v '1?AA[~ DESCRIPTION OF PROPOSED CONDITIONAL USE: An aPpmzimately 172.OOt) SF retaill erocery store ZONING CLASSIFICATION: Current C-G Zone PLAN: A plan of the prapdsed site for the conditional use showing the location of a116uildirags, parking and loading azeas, traffic access and traffic circulation, open spaces, landscaping, refuse and service azeas, utilities, signs and yards (submit 35 eopits). (Sec attachments.) S of pllcant LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zonitlg Com~issiou will hold a Public Hei,ti,7g i,Y <2iC Meritliau Cily Htt11 un January 10. 1994 at 7:00 v-,Yx. 'I'lte purpose of the Hearing is to consider a CONDITIONAL U5E PERMIT submitted by Soderstrom Architects, P.C. and W & ~Y Pacific fur the pruyerty generally described as located at Nart eaRt ctsrner of F 'rview Avenu N ,st ('stave Road Avest Plaza el' Plat . SUBDIVISION, BLOCK i ,LOT 5 TO Atrorave the conditional use allowance for the development of a Fred Mover rctaiIlQroc;erv store Page 1 of 3 CONTENTS OF CONDITIONAL USE APPLICATION An application for a conditional use permit shall be filed with the Administrator by the owner of the properrty for which such conditional use is proposed. At a minimum, the application shall contain the fallowing information: 1. Name, address turd yhoi~e nunber of applicant. (See Page 1) 2. Name, address and phone ntuuber of owner of subject property. (Sec page 1) 3. Legal description of property, (See lrFts~~, attached) 4. Proof of awaership of subject property {warranty deed). {See attac}~ed) 5. Description of existing use: Agricultural. 6. Present use of subject property: Agricultural !,alfalfa field). 7. Proposed use of the subject property: Retail/Grcu:ery. 8. The blstrict (present zoning) that pertains to the subject property. C-G, General Retail aad Service Commercial. 9. Thirty (30) copies of a vicinity map of a scale of one inch equals three hundred feet (1" = 300'). (See attached) 10. Characteristics of subject properly which make a cmldilional use desirable: On major intersection and meets operatiotlal criteria of client. A. 'The proposed development will conform to all of the zecluirements of the conditional use as determined by the city policy. B. The l~rolw~ clevrlupment will be harmonious with aad in accat~laace with the city of Meridian Comprehensive Plan and the ordinances. C. The design, construction, and operation and maintenance wall be harmonious and appropriate in appearance with the existing or intended character of the ger~.eral vicinity, l?. The proposed develogtnemt will oat be hazardous or disturbing to the existing or future neighboring uses. E. The design will be adequately served by essential public facilities and services such ss highways, streets, police and fire protection, drainage sttutturo6, refuse disposal, water, and sewer. F. The proposed development will oat create excessive additional requirements at public cast for public facilities and services and will not be detrimental to the economic welfare of the comtmtnity. G. The proposed development wi[l not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, naive, smoke, fumes, glare ar cxlors. H. The vehicular approaches to the property will be sa designed as not to create an interference with trnffic on surrai-nding public streets. I. The development will not resort in the destruction, loss or damage of a natural or scenic feature of major importance. Page 2 of 3 11. A Iisting of the mailing addresses of all property owners {fr+oln authentic tax recarde of •°-DA County) who are within three hutMrcd feet (300') of the external boundaries of the land being considered, and a list of aIl owners within the area being considered for a conditional use. (Sec attached.) 12. A fee established by the Council: $275.00 + 51.29 tech for certified mailings for each property owner lister within the 300 feet =Total Fee. (See attached checks.) 1;. A statement that the applicant of user of the property agrees W pay, aay additional sewer, water or trash fees or eharg~, if any, associated with the use, whether that use be t~esidential, comnlen7al or indactrial. The applicant (Fred Meyer, 1nc.) agrees tv pay the above mentioned fees or charges associated with the proposed use, ~~ Fred Mey , hoc, ( ) 14. The application shall be verified by the applicant which shall state that he has read the contents themof and verifies that the information contained therein is true and correct. This document has beon reviewed and verified. 15. The property will be posted 1 week before the hearing stating they have applied for a Conditional Use Permit or Zoning. Thcic must be a signed affidavit that this will be done as part of the application. (See attached.) 16. Traffic Study. (Sec attached.) "As indicated in Figure 8 of the Traffic Study, the Fairview driveways were aligned with the access points at the D&$ Supply Starr. On Locust Gmve Road, however, access point number 1 is offset approximately S'$ fcet from the opposing centerline of Carol Street. Realigning the internal circulation with Cazol Street would adversely affect the circulation within the chopping canter and does cwt appear ro be warranted for the following reasons; A. Carol Street scrvicea approximately 32 residences aad traffic volumes are low. The PM Peak Hour Left-turning voltuue was estimated at only 6 vph. B. The !eft-tarn vvlt~ enterit>g Fled Meyer is 40 vph, which should only require 50 feet of stacking xlsace. C. The I.octtst Grove Road will be conatrur:tcd as a five lane section with relatively low traffrc volumies. " Frcp~rd by Uobie EeSJneottng, inc. 17. Annexation. Zoning, and Conditional Use: Findings of fact. (See attached.) FAC o:lwplfredtrxye1941241merldian.cup Page 3 of 3 ~ ~-. : I PACIFIC 960 Broadway Avenue Suite 312 Boise, Idaho 83706 DECEMBER 15, 1994 LEGAL DESCRIPTION FOR THE PROPOSED FRED MEYER TRACT A tract of land located in a portion of the Southwest 1/4 of the Southwest 1/4 of Section 5, Township 3 North, Range 1 East, of the Boise Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the Southwest corner of said Section 5 mazked by a brass cap, thence North 00°26'34" East 914.58 feet along the west section line of said Section 5; thence South 89°33'26" East 45.00 feet to a point, said point being the POINT OF BEGINNING; thence 31.42 feet along the azc of a 20.00 foot radius non-tangent curve to the left (the chord of which beazs South 44°33'26" East 28.28 feet, through a central angle of 90°00'00") to a point; thence South 89°33'26" East 1054.09 feet to a point; thence South 0°27'04" West 796.31 feet to the beginning of a curve; thence 31.42 feet along the azc of a 20.00 foot radius curve to the left (the chord of which beazs South 44°32'56" East 28.28 feet, through a central angle of 90°00'00") to a point; thence North 89°32'56" West 80.00 feet along a line pazallel with and 57.00 feet distant from (when measured at right angles to) the centerline of Fairview Avenue shown on the official plat of U.S. 30 Project No. F-3281 (5) Highway Survey on file in the office of the Depaztment of Highways of the State of Idaho to the beginning of a curve; thence 31.42 feet along the azc of a 20.00 foot radius non-tangent curve to the left (the chord of which beazs North 45°27'04" East 28.28 feet, through a central angle of 90°00'00") to a point; thence North 0°27'04" East 154.00 feet to a point; thence North 89°32'56" West 185.35 feet to a point; thence South 0°27'04" West 174.00 feet to a point; thence North 89°32'56" West 406.00 feet along a line pazallel with and 57.00 feet distant from (when measured at right angles to) said Fairview. Avenue centerline; thence North 0°27'04" East 165.00 feet to a point; thence North 89°32'56" West 153.55 feet to a point; thence South 0°27'04" West 165.00 feet to a point; thence North 89°32'56" West 70.07 feet along a line pazallel with and 57.00 feet distant from (when measured at right angles to) said Fairview Avenue centerline; thence North 0°26'34" East 165.00 feet along a line parallel with said west section line to a point; thence North 89°32'56" West 219.00 feet to a point; thence North 0°26'34" East 458.60 feet along a line pazallel with and 45.00 feet distant from (when measured at right angles to) said west section line to a point; thence South 89°33'26" East 183.00 feet to a point; thence North 0°26'34" East 152.55 feet to a point; thence North 89°33'26" West 163.00 feet to the beginning of a curve; thence 31.42 feet along the azc of a 20.00 foot radius curve to the left (the chord of which beazs South 45°26'34" West 28.28 feet, through a central angle of 90°00'00") to a point; thence North 0°26'34" East 80.00 feet along a line pazallel with and 45.00 feet distant from (when measured at right angles to) said west section line to the POINT OF BEGINNING. Said parcel contains 17.34 acres more or less. ~~~~L LAIy~ J,~ ~~, i -va ;3~ ~... 7314 :.~., l~ DES CULEG/u.DOC ~~~~~ ~-~ ~F 1~A~ ~o~ (208) 342-5400 Fax (208) 342-5353 Planning • Engineering • Surveying • Landscape Architecture • Environmental Services ®O 3 . .1.;:i, n. rT. ~: . ."' ~rl'_ .~u F'' .: -~ J. ~::VIA '~'.:`,'.;. ', GRANT DEED P,ECCfi~~~:.~. i; THIS INDENTURE made the 31st day of December, 19~~~b~~iae~r~ R~~E~E~. 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 ('Grantee'); L~~~3~~+1:5~ 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 'EXIiIBIT 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 +enants 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 D ... 4~ R}!!~i..)~51. A ! i'a ice. l ~« ~~ L'•! ~f ~`: i' i t ..4s~~y~-~~~~IG[!hQ.LYL..(l.n~..(~ '. )JxJJI~.~~~.~j•~~'YI ~4R _ _'.~l MI'. .. ...t i'~~a' x .^r?S • .>_.;. •~'}~ ' Y ~ u t• S _ .. 1589903.:51 STATE OF IDAHO ) ss: County of-Ada ) . On this ~G day of February, 1993, before me, the undersigned, a Notary Public in and for said State, personally appeared ROGER H. ALLEN and VIRGINIA 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 me that they executed the same. fN 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 'i~-s~t n ~' ~ 11Av !`nmmiccinn FYnifP_S_ "'tr x"13 _.. .. • ~_ - / 1.J890Q'1..52 EXHIBIT A (Legal Description of Real Property) SOUTHWEST QUARTER OF THE SOUTI•iWEST QUARTER OF SECTION 5, TOwNSI•IIP a NORTt•t, RnNGE 1 EAST OF THE 801SE MERIDIAN, ADA COUNTY, IDAHO; DCCFPTTHAT PORTION DEEDED TO THE STATE OF IDAIiO IN wnRRANTY DCED DATED JULY t5, 1955 EXECUTED BY FLORA E. DOAN ANO GLEN G. OOAN, HEFt HUSOnNO, RECOnt~t;p nUGUST ~, ig,,y UNDER RECORDER'S FEE N0.300794, AS FOLLOWS:. , A STRIP OF LAND LYING SITUATE BETWEEN TF-IE SOUTFI LINE OF THE SOUTI•iWEST UtJnftTER OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 3 NORTH, MANGE t EnST, BOISE MERtDInN, ANO A LINE PARALLEL TO AND 50.0 FEET DISTANT NORTHERLY FROM T!-IE FOLLOWING DESCRIBED CENTER LINE OF HIGHWAY AS SURVEYED ANO SHOWN ON T!•IE OFFICIAL PLAT OF U.S. 30 • PROJECT N0. F- 3281 (5) HIGHWAY SURVEY ON FILE IN 7FIE OFFICE OF TIDE OEPARTMF_NT OI- tiIGIiWAYS OF THE STATE OF IDAHO AND LYING OVER ANO nCROSS THE SOUTHWEST QUARTER Or- THE SOUTHWEST QUARTER, EXCEPT THE EAST t0 FEET THEREOF, OF SECTION 5. TOWN ;HIF' 3 N(?RTI-I, RANGE I EAST, 801SE MERIDIAN. . BEGINNING AT STA?ION 7 t PLUS 69.8 OF THE SAID HIGHWAY SURVEY, 4VIiICI•I STATION IS A POIhJT QN TANGENT APPROXIMATELY 21.2 FEET NORTH FROM THE SOUTHWEST CORNEn OF SF_CTION S, TOWNSHIP 3 NORTH, RANGE t EAST, BOISE MERIDIAN, THENCE RUNNING SOUTH 89 58' EAST, 1327.2 FEET TO STATION pa PLUS 97.0 OF SAID SURVEY, WHICH STATION IS A POINT ON TANGENT~APPROXIMATELY 13.0 FEET NORTH ANU 1;127.2 FEET EAST FROM THE SOUTHWEST CORNER OF SECTION 5, TOWNSHIP 3 NORTH, RnNGE 1 EnST, BOISE MERIDIAN. TOGETHER with a strip of land 10 feet wide along tl~e West side of tlic Southeast Quarter of the Southwest Quarter, Section 5, 1'ownsi~ip 3 Nureh, Range 1 East of the Boise Meridian, for the purpose of building a county road. END OF LECAL DESCRIPTION. EXHIBIT A -Page 1 of 1 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) )ss COUNTY OF ADA ) I,_ Roaer H. Allen 6904 Randolph Dr (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 grant my permission to Fred Mever Inc 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 a~nli~~+;~„ Dated this ~3 day of SUBSCRIBED AND SWORN to before me the day and year first above written. Notary Public for Idaho Residing at_ ~ c_-~P My commission expires:_ ~/-moo-g y' AFFIDAVIT OF LEGAL INTEREST - 1 h-mljcbformsllanduse.docVeginter.aff PACIFIC 960 Broadway Avenue Suite 312 Boise, Idaho 83706 City of Meridian Planning & Zoning To whom it may concern: As an agent of Fred Meyer, W & H Pacific has agreed to be responsible for compliance with item #15 of the Application for Conditional Use Permit, to post the subject property one week prior to the hearing. ~1 ~.,. R. Craig-~ am Project Manager I~ (208) 342-5400 Fax (208) 342-5353 Planning • Engineering • Surveying • Landscape Architecture • Environmental Services ~~ _~ _~ - ~ ~ / J .\I \r\~\~1 W~ t ~ t 1 t It Lt ~i\\~~\\\\`~ ~ N ~+ ~ M rf _j____~_____ .; j, ` i ~ ~E Iih G W Q ~~ ~ J = ~ W Ul N N U Q~~~ li a ~~ ~ O~ C~~~~ -~ \~ (n iTl~ +t Q °'- ~~ ~- ..~ ~ ~fl 2l --~r~ccc.~ 15~' N -T ~3tus ioav~ 0 ~. m U O V 2 e j W e s w a ~I, ~m W W o h b 0 b N 0 b b 0 Q 3 m a S J V Ip~ - m I --------- ~---------------------- '-- - -~_~'l7VClJY-"b7Ftfi~t _~fF~F~kY -------------- - -_----_ I - ----------------------- ------- 1 I g --------------------------------------------------------- ---------_- __ 1 °~ ------------- j 111•~• {~ {• I ii i v,~ - N C1 ~ i I 11 1 1 N~o ~I 1 I II it 1 y ~``, ~ C 1 ~h I n t l I i I n jl 1 I I n t l q ~ 1 { t N ~ ii ~i i ~~ I I ii ji i - i - \ I i _ 4m~~~;~~ a~~~~~~~~~~ 1 t i ii ~i ~ • i - '~ i „.. ~ De i •~ It a i~ i i ii ii i cu 4, ~ i i i ii li i ~~ j~F~ /~~y}~~/~~ I ~ j i ii i i i It - 3 ~~ ZI ii j i i ~~\~~~~ I 1 11 I I , ~ .~ I '~',li Ii i ~---- ~/ JO 1 ~ ~A~~ I j Si li i ~ ''O w D i ~ N A I N U1 n ~,'i ii i ~ ~ ~I r ! ~ ~i j i i ' ~ ~ i to I' 1 1 ~ 1 ,T.li ~ i i I ~ D ~t I ~~ I ~ ~ m j ~~j{ N ~~ I Ian 1 I ~: ii i i i I Ijl I ~ ~1 1 1 . ' I I I I i 1 1 I I +~'ii ~ ~ i {t 11 II . 1 1 : ~ , i ' 'i ! i i ---- ''~~ j I1 I I ,'~ W~. _ ~' (' ' - i h j i i \ .N %U 1~~~~~~.~\\\V t {t 1 t y y { t 11 i ~ 1 ~ li j i i x N R1 .\~.\1~\1Rn~ ~ j i h j i i ~ v ~• (Jl l~\~~~~~\\\VI~ ` 1 11 I 1 1 .. I IIII 1 ~ _ ~1 1 1 ~ i li~i i ~ y~ i M ~ i i I ~ ........ ~ .. ,,, //// I I 1 L_____________L_-_______-_-_____- ________ __ 4- i M' 1 1 1 _____________ -___-~~- C '; ! ; !'r' ~ !i ~!' ~ ii ~j~ !i ; !i !;;!i ~;;j' I ~ I ' li 1 1 I 1 1 ~~ ~~ ~~ ~~ .._ ~.~. h c~ja~sm~ -~ ------------ ------------------i---i------------------ ~~~ Q ~ ~;_~ ~~ ~R •. r ,~ _~ ,.• ~ Q BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN ;~/ & y PACIFIC • AVEST LIMITED PARTNERSHIP• _ ~~~ ,~ ~ 1~~~t ANNE%ATION AND ZONING AND CONDITIONAL USE P~CEIVED A PORTION OF THE S.W. 1/4 OF THE S.W. 1/4 • SECTION 5, T.3 N., R.1 E., B.M. MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on March 1, 1994, at the hour of 7:30. o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony and the Applicants appearing through Kathleen .Weber and Roger Allen, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 1, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 1, 1994, 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. Z. That the property included in the application for annexation and zoning is described in the application, and by this FINDINGS OF FACT AND CONCLUSIONS OF LAW - AVEST PAGE - 1 i~ .. rte. .-. reference is incorporated herein; that the property is approximately 40.45 acres in size. 3. That the property is presently zoned by the county as R-T (Rural Transition); that the Applicant requests that the property be zoned General Retail and Service Commercial (C-G) and has requested a conditional use permit to allow storage units. 4. The general area surrounding the property is used mostly as residential property with some being used agriculturally; that the property to the north is used residentially as R-8 zoned property; that the land to the west across Locust Grove Road is not in the City of Meridian and is used as residential property similar to what the City zones as R-4; the property to the south across Fairview Avenue is agricultural or vacant land; the property to the east is a commercial building with several different types of uses. 5. That the property is adjacent and abutting to the present City limits. 6. That Roger Allen, who is the general partner of the limited partnership that owns the property, is the Applicant; that the owner has consented to the application and has requested this annexation, zoning and conditional use and the application is not at the request of the City of Meridian. 7. That the Applicant's annexation and zoning application stated that the present use of the land is agricultural with the original house and out-buildings intact; that the proposed use is for a commercial shopping center, rental storage facility and transitional uses; that a possible transitional use was stated to FINDINGS OF FACT AND CONCLUSIONS OF LAW - AVEST PAGE - 2 ~ ~ be a retirement center; that the land is presently zoned by Ada County as Rural Transitional (RT); that the Applicant lists the following as characteristics that make it desirable to be zoned C- G: "a. From a traffic planning standpoint, the location of this site makes it highly functional to receive commercial uses. The site is located at the intersection of a principal arterial and a major collector that is signaled. b. The continued growth of residential developments around this site is increasing the demand for a commercial site to keep place with neighborhood need. c. It is the intent of the planning effort in this area to cluster commercial development thus avoiding strip development. This site is of adequate size to accommodate Commercial and Multiple Use(s)." 8. That one of the Applicant's representatives, Kathleen Weber, stated at the Planning and Zoning hearing that the development would compare with the South Shore project in Boise; that berming at the back of the building goes up six feet on the building; that they would screen out the noise from the traffic; that there would be a retirement center next to Mirage Meadows; that their storage buildings provide a single sided, one story landscaped buffer for maximum backyard peace and quiet; that they intend to close Apple Street; that they would meet the Ada County Highway District site specific requirements; that bike lanes and walking paths would be incorporated into' the development. with sidewalks possibly within the berming along Locust Grove; that ACHD will decide the alignment of Carol street but AVest would work with both ACHD and the neighbors regarding this concern; that each and every part of the project will have to go through conditional use FINDINGS OF FACT AND CONCLUSIONS OF LAW - AVEST PAGE - 3 n ~ hearings and design review and such will be required; that there would be a 400 foot buffer for Mirage Meadows from the rear of the proposed shopping center; that the requirements for approval regarding irrigation and the comments of Gary Smith would be met; that regarding the widening of Locust Grove Road such would be in the hands of ACRD but they would participate with berming sidewalks and landscaping; that they agree to pay impact fees and/or make a monetary donation to the City for purchase of property that is more suitable for parks; that Rathleen Weber's testimony before the City Council was basically the same. 9. That one of the Applicant's representatives, Roger Allen, stated at the Planning and Zoning hearing that the City would maintain control over development of the property through required design review and conditional use permit approval; that the project would have a 12 to 16 million dollar value; that they would pay impact fees, whatever those might be; that there would be a minimum of twenty feet of berming all the way around the shopping center and it would be nicely landscaped, sprinkled and sodded; that there would be sidewalks along Fairview Avenue; that they would like to pursue a retirement center in the northwest portion of the property; that for the neighbors across Locust Grove, there would be landscaped berming six to eight feet high; that in the back there would be clusters of at least three trees every 40 feet; that in the area next to Mirage Meadows they were proposing to have the neighbors backyards extended to the back of the storage buildings and it could be for the use of the neighbors if the neighbors would FINDINGS OF FACT AND CONCLUSIONS OF LAW - AVEST PAGE - 4 maintain the property; that pedestrian walkways would be provided; that they would provide a pedestrian walkway along what is now Dixie Lane; that they would provide detailed plans for landscaping, drainage, building and other needed information for each conditional use application; that they would help the City identify some alternative neighborhood parks and agree to pay all City imposed impact fees for the purpose of adding to and maintaining its parks, bike .paths, libraries, etc. That Mr. Allen testified further at the City Council hearing that the exits from the property would not align with the homes on Locust Grove Road; that they would do some berming along Locust Grove Road on the west side of the road; that they would enter into a development agreement; that they desired a General Retail and Service Commercial (C-G) zoning and the shopping center would be developed as a commercial planned development. That regarding the proposed conditional use for a storage facility, the Applicant presented, as part of the information packet presented at the Planning and Zoning level, a section dealing with the conditional use; that section provides a list of benefits of rental storage, some layout drawings of how the storage portion would fit into the entire development, a layout drawing for the storage area which included a loop road, a layout drawing showing the entrance into the storage area, a site study showing how the line of vision from a two story house would interfere with privacy into existing adjacent homes, a biographic sketch of Stor- It Rental Storages, a statement of Elements Important to Meridian, FINDINGS OF FACT AND CONCLUSIONS OF LAW - AVEST PAGE - 5 ~ .-. a statement of Elements Important to Stor-It Rental Storage and Customers, and a statement as to Landscape Design; all such statements and representation are incorporated herein as if set forth in full. 10. The Applicant's representative, Larry Durkin, testified that previous developments they had done, such as Southshore in Boise, had been very successful; that property values had not declined around Southshore; that residential rental vacancies had not increased; that the development in Meridian would increase the ability of Meridian residents to shop in Meridian. 11. As stated above, the Applicant submitted two bound packets of information for support and clarification of the applications, one to assist the Planning and Zoning Commission and one which updated the first, for the City Council; that in the first packet of information, the Applicant states that the Comprehensive Plan identifies this area for multiple use including a community shopping center; that infrastructure is in place for a shopping center; that the City will maintain control over development of the property through required design review and conditional use permit approvals; that the Comprehensive Plan anticipates a community sized shopping center at this location; that all physical ingredients for a major shopping center are present at this site; and that the information lists 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW - AVEST PAGE - 6 ~ ~ preferably in the berming, and modern landscaping and buffering. 12. That the updated packet of material that was submitted to the Council, sets forth matters relating to neighborhood meetings and negotiations between the Applicant and -the surrounding neighbors; with regard to the Locust Grove Road neighbors the Applicant states several solutions to their concerns that could be done on their side of the road and on the shopping center side of the road which included the Ada County Highway District plans to widen Locust Grove Road to five lanes; that this would be necessary before the shopping center would open; that shopping center entrances on Locust Grove Road would be located between lot lines in Doris Subdivision; that for the berming.and landscaping along Locust Grove Road there would be landscaping along the shopping center portion, the berming would be two to four feet high to retain automobile lights within the parking lots, 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. ' 13. That with regard to the neighbors in Mirage Meadows the Applicant stated that there would be minimum impact and the neighbors would be at least 400 feet from the rear of the shopping center; that with regard to the neighbors east of Applewood street FINDINGS OF FACT AND CONCLUSIONS OF LAW - AVEST PAGE - 7 the storage would be a transitional use; that with regard to the neighbors west of Applewood street, the Applicant stated that they expressed a desire to storage as a transitional use also and Applicant would provided adequate buffering and transitional use in this area; that Applewood would become a twenty foot wide walking and bike path and that traffic would be limited to emergency vehicles. 14. That with regard to the other neighbors, the Applicant stated their concerns and stated how they felt its development would assist the community at large. 15. The Applicant also included in the packet a summary of what the comments of the neighbors were, copies of the minutes of the meetings between the Applicant and the neighbors, and copies of the letters that the Applicant had sent to some specific neighbors . The Applicant states. with regard to Locust Grove Road residents' meeting, that it would contribute $11,000.00 dollars for landscaping on the west side of Locust Grove Road. 16. The Applicant also submitted copies of letters that it had sent to abutting land owners which explained things that the Applicant was willing to do to the soften the impact of the development on the adjacent property owners and their homes. The Applicant also submitted letters of support for the development. 17. That in the packet the Applicant sets forth the Ada County Highway District {ACRD) requirements and what it was willing to do with regard to ACRD requirements; that such are incorporated herein as if set forth in full. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AVEST PAGE - 8 18. Applicant also set forth in the packet submitted to the Council a response to the City of Meridian Staff comments; that such are incorporated herein as if set .forth in full; that the Applicant stated that it would enter into a development agreement with the City. The Applicant set forth its position with regard to a neighborhood park which was that it did not feel that such was appropriate. 19 Applicant further set forth in the packet of materials submitted to the City Council its desires for the northwest corner of the property and that was for a retirement housing center. 20. The Applicant set forth in the packet of information a summary of what it was requesting and what it was agreeing to; that such are incorporated herein as if set forth in full. 21. There were property owners appearing at the Planning and Zoning hearing to make comments on and object to the application; that such are incorporated herein as if set forth in full; there were property owners at the hearing before the City Council and they stated in substance as follows: a. J. Clous stated that the development would cause more traffic; that Mayor Brent Coles had been an employee of Dakota Development and therefore he questioned the import of Coles' letter in support of the application; that the berming of Locust Grove Road on his side of the road would cause him to lose land; that he wants more that 2-4 feet of berming; that he wants contingency zoning so that if this development does not come to fruition the zoning would revert back to agricultural. b. Terri McCarthy stated that she assumed that the north 1/2 of the property would. be .residential; that the City should consider market saturation of storage places. c. Matt Hibbs stated that he wondered about the park FINDINGS OF FACT AND CONCLUSIONS OF LAW - AVEST PAGE - 9 situation and that he had not been -notified as the Applicant had stated he would be. d. Raren Blayney stated that she was still apposed to the commercial zoning; that she had lived next to a shopping center before and it was not satisfactory; that she was told before she moved to her new house that the north 1/2 of the property would be residential. e. Elizabeth Gwin stated that the Comprehensive Plan, under Land Use, states that residential land should be protected; she does not feel that her residential land is being protected; that there was no control over what would be stored in the storage units; that she was apposed to the development in the fashion proposed. f. Bob Moore submitted a letter voicing his objection; that he testified that he was apposed for the reasons stated in the letter including traffic, lowering of property values, noise, and that he desires traffic calming. The letter specifically includes objections relating to growth and traffic, lowering of property values, traffic in front of his home, loss of land for the widening of Locust Grove Road, a desire for traffic calming for the area, the shopping center would not be compatible with the neighborhood, increased noise, increase in crime, glare from headlights, that approval of the project would be an injustice to the people in the neighborhood, and that there were other areas where the shopping center could be located. g. Don Bryan testified that the traffic and light glare would be bad; that he had concerns over irrigation delivery to his property and concerns over drainage; he wanted the ditch that delivered irrigation to him to be tiled before construction started and was concerned over what happened to the ditch even after it was tiled. 22. That the Meridian Police Department, Meridian City Engineer, Ada County Highway District, Meridian Planning Director, Central District Health Department, and 'the Nampa & Meridian Irrigation District submitted comments; that those comments are incorporated herein by this reference as if set forth in full. 23. The City Planner, Wayne Forrey, commented that the annexation and land use request of C-G complies with the current FINDINGS OF FACT AND CONCLUSIONS OF LAW - AVEST PAGE - 10 ~ ~ Comprehensive Plan with the exception of a neighborhood park and the updated landscape/screening and development review standards which apply to fi~his area of the City; that this site is adjacent to residential subdivisions and pedestrian access must be provided for interconnection; that an acceptable pathway/pedestrian access concept design plan must be submitted to the City and to ACED prior to final annexation approval; the Comprehensive Plan indicates a need for a neighborhood park site in this area; that the Applicant must specify types of anticipated transitional uses for City analysis; that ACRD has requested a traffic study to be included in the development agreement or conditional use permit conditions pertaining.to the shopping center component of the project; that the Applicant needs to submit detailed rental -storage site development plans; that a variance would be required for a security guard's dwelling; that as a condition of annexation approval, a development agreement addressing subdivision access, linkage, screening, buffering, transitional land uses, traffic study and recreation services, must be entered into. prior to annexation approval; that the project will be subject to a development review and Zoning Administrator and Buildings inspector checklists. 24. That in prior requests for annexation and zoning the Planning Director has commented that ~ annexation could be conditioned on a development agreement including an impact fee to help acquire a future school or park sites to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the City and designated in an FINDINGS OF FACT AND CONCLUSIONS OF LAW - AVEST PAGE - 11 ~. approved development agreement. 25. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 26. That the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (U . S . P .A. ) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 27. That the property can be physically serviced with City water and sewer. 28. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots and other uses. 29. That the following pertinent statements are made in the Meridian Comprehensive Plan: A. Under ECONOMIC DEVELOPMENT, Economic Development Goal Statement Policies, Page 19 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AVEST PAGE - 12 /'~ ~ B. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as-growth and development warrant. 1.8 The City of Meridian intends to establish a Design Review Ordinance which. will foster compatible land use and design within the development, and with contiguous developments; and encourage innovations in building techniques, so that the growing demands of the community are met, while at the same time providing for the efficient use of such lands. Under LAND USE 1. EXISTING CONDITIONS, Page 21 Commercial and retail areas are established along major arterials, (East First Street, Cherry Lane, Fairview Avenue, Franklin and Meridian Roads) and include small commercial center and individual businesses. Uses include retail, wholesale, service, office, and limited, manufacturing. 2. GENERAL POLICIES, Page 22 The following land use activities are not in compliance with the basic goals and policies of the Comprehensive Plan: a. Strip commercial and strip industrial. b. Scattered residential (sprawl or spread). 3. COMMERCIAL ACTIVITY CENTERS, Page 25 a. Community Shopping Center - As a retail commercial enterprise, it is designed to serve a multi-neighborhood area and can be both complimentary to and competitive with a Regional Shopping Center. b. In all cases, the locations of Commercial Activity Centers should be guided by performance and developments standards. These standards consider, among other aspects: 1. Traffic Volume and Type 2. Trip Generation 3. Impacts on Arterial Street System 4. Proximity to Other Commercial Development 5. Impacts on .Neighborhood Residential Areas 6. Accessibility of Site 7. Parking Demands FINDINGS OF FACT AND CONCLUSIONS OF LAW - AVEST PAGE - 13 4 8. Pedestrian Circulation 9. Available Utility Systems 10. Aesthetics (Design Considerations) 11. Use Impacts Upon Other Adjacent Uses 12. Internal Circulation Design 13. Drainage 4. 5. c. A Community Shopping Center is defined as having between 100,000 and 200,000 square feet of gross floor area, and between eight to 30 acres of site area. COMMERCIAL POLICIES, Page 26 a. 4.6U Community shopping centers will be encouraged to locate at arterial intersections and near high-traffic intensity areas. b. 4.7U Community shopping centers must be planned for future integration of adjoining residential uses. MIXED-PLANNED USE DEVELOPMENT, Page 28 Mixed-use Area at Locust Grove Road and Fairview Avenue Plus Area North of Fairview Avenue. These areas are within Ada County, but nearly surrounded by the City of Meridian. The area is characterized by large rural lots, and a sparse development pattern. In order to stimulate planned development in these areas, the following policies apply: a. 5.16U All development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. b. 5.17U A variety of coordinated, planned and compatible land uses are desireable for this area, including low-to-high density residential, office, light industrial and commercial land uses. c. 5.18U Existing residential properties will be protected from incompatible land use development in this area. Screening and buffers will be incorporated into all development requests in this area. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AVEST PAGE - 14 n r d. 5.19U A planned community shopping center is anticipated near the Locust. Grove Road/Fairview Avenue intersection. C. Under TRANSPORTATION, Page 42 1. Existing Conditions a. Cherry Lane/Fairview, East of Meridian Road, is listed as a principal arterial b. Locust Grove Road is listed as a Minor arterial. D. Under COMMUNITY DESIGN, at Page •71 1. Entryway Corridors c. Fairview Avenue (East entrance). 2. Entrance Corridors Goal Statement - Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian. 3. Policies, Page 71 a. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscaped business development on entrance corridors. b. 4.4U Encourage 35-foot landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 4. Neighborhood Identify Goal Policies, Page 72 a. 6.4U Limit the conversion of predominantly residential neighborhoods to nonresidential uses, and require effective buffers and mitigation measures through conditional use permits when appropriate nonresidential uses are proposed. 30. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, page 28, it states as follows: "Land covered by this policy section has characteristics which generally allow for agricultural and rural residential FINDINGS OF FACT AND CONCLUSIONS OF LAW - AVEST PAGE - 15 /'~ activity due to the existence of irrigation systems, soil characteristics and relative freedom from conflicting urban land uses. Where community growth creates pressure for new development, it must be recognized that agricultural land can no longer economically continue to be identified or used as agricultural land to the exclusion of orderly city growth and development." 31. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states that land in agricultural activity should so remain in agricultural activity until urban services (municipal sewer and water facilities) can be provided. 32. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states as follows: "Existing rural residential land uses and farms/ranches shall be buffered from urban development expanding into rural areas by innovative land use planning techniques." 33. That the property is included within an area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan as a commercial area; that the commercial area is in an area that is listed as Mixed/Planed Use Development area. 34. That the requested zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: ,LC-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 PAGE - 16 . ~ ~ 35. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, Commercial, lists commercial uses allowed in the various zoning districts of the City; that Shopping Centers, Community, are not listed as allowed uses in the General Retail and Service Commercial (C-G) district; that Shopping Centers, Neighborhood, are not listed as allowed uses in the General Retail and Service Commercial (C-G) district; that individual department stores, retail stores, restaurants, and storage facilities, indoors or outdoors, are allowed uses in the C-G district; that planned commercial developments, are an allowed use in the C-G district. 36. That Planned Development is defined in 11-2-403 B, at page 20 of the Zoning Ordinance booklet, as. follows: "An area of land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, or commercial or a mixture of compatible uses. A PD does not necessarily correspond to lot size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in any one or more created districts or this Ordinance." and a Planned General Development is defined as follows: "A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complimentary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses." 37. That under 11-2-409, ZONING SCHEDULE OF USE CONTROL, A Residential, a Planned Unit Development - General Planned Residential, is an allowed conditional use in the C-G district; FINDINGS OF FACT AND CONCLUSIONS OF LAW - AVEST PAGE - 17 ~ '~ • under B Commercial, Planned Commercial Development, is a permitted use in the C-G district and Planned Unit Development - General, is an allowed conditional use in the C-G district. 38. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate .the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 39. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a FINDINGS OF FACT AND CONCI,USZONS OF LAW - AVEST PAGE - 18 ` development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 40. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 41. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the 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." 42. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 43. That Section 11-9-605 R states as follows:. "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improvedeft in a(nat ral st t )pa linearoopen~spaceucorridors areas (1 serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; FINDINGS OF FACT AND CONCLUSIONS OF LAW - AVEST PAGE - 19 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 44. That Section 11-9-605 L states as follows: "Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicvcle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." 45. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: "The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses." 46. That 11-9-607 E, of the Subdivision Ordinance, states in part as follows: '•A PD shall be allowed only as a Conditional Use in each district subject to the standards and procedures set forth in the Section. A PD shall be governed by the regulations of the district or districts in which said PD is located. The approval of the Final Development Plan for a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, signs, and other FINDINGS OF FACT AND CONCLUSIONS OF LAW - AVEST PAGE - 20 1'~ regulations as may be desirable to achieve the .objectives of the proposed PD, prov___ ided such exceptions are consistent with the standards and criteria contained in this Section. 47. That 11-9-607 F, of the Subdivision Ordinance, states in part as follows: 1. Planned Developments - Planned developments shall be subject to requirements set forth in the Zoning Ordinance and also subject to all provisions within this Ordinance. 8. Financial Guarantees -The developer shall post financial guarantees for all approved on-site improvements if required pursuant to 9-606 C." 48. As stated above in Paragraph 9, the Applicant submitted material on the conditional use application for storage units in the bound material on the annexation and zoning; that such material on the conditional use is incorporated herein by this reference as if set forth in full; that the Applicant submitted no other materials on the conditional use request and did not specifically address the conditional use for the storage at the public hearing; that as found above, the Planning Director stated that the Applicant needs to submit detailed rental storage site development plans and that a variance would be required for a security guard dwelling residence. 49. That under the Meridian Zoning Ordinance storage facilities, whether indoors or outdoors, are a permitted use in the C-G zone; that outdoor storage is a conditional use in the C-N and C-C zones; that indoor storage is a permitted use in the C-G zone, but is not stated to be a permitted or conditional use in the C-N and C-C zones; that such may be permitted in those zones under a conditional use under the provisions of 11-2-407 D, USES NOT FINDINGS OF FACT AND CONCLUSIONS OF LAW - AVEST PAGE - 21 ,.~ r -~ SPECIFICALLY PERMITTED OR LISTED IN DISTRICTS. The current Comprehensive Plan, recently adopted, does state that in the Mixed- Use Area at Locust Grove Road and Fairview Avenue development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility; that Applicant states, in the packets of information submitted, that the required storage use is an allowed use in the C-G zone, which they have applied to have the property zoned, •but they applied for a conditional use permit, apparently in accordance with the new Meridian Comprehensive Plan. 50. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. coxcLUSIONS 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 annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the City Council has judged these annexation, zoning and conditional use applications under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, FINDINGS OF FACT AND CONCLUSIONS OF LAW - AVEST PAGE - 22 ~ n Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Fa11s~ 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways. 10. That this Application has been submitted prior to the adoption of the proposed amendment to the Meridian Comprehensive Plan;- that as a condition of annexation the Applicant must agree FINDINGS OF FACT AND CONCLUSIONS OF LAW - AVEST PAGE - 23 w i-. ~ that the Meridian Comprehensive Plan shall apply to the land and any development and this must be agreed upon in a development agreement that must be entered into prior to passage of. an annexation ordinance. 11. As stated by the Planning and Zoning Commission, this Application has been difficult for the Council to decide because of the opposition to the Applications; that the Council understands the objections and sympathizes with them on an individual basis; that the duty of the Council, however, is not to be controlled by the interests of individual property owners and their concerns; that the duty of the Council is to assess the applications on the basis of the overall good of the City and its citizens; that the Comprehensive Plan and the Ordinances of the City have measures to try and insure that adjacent property owners are impacted by development as little as possible; that it is with this duty and background that the Council has undertaken to make these Findings and Conclusions. 12. That the Applicant's proposed use of the property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. Additionally, the current Comprehensive Plan which controls this application, states, in the LAND USE section, under 5.19U, that a community shopping center is anticipated near the Locust Grove Road/Fairview Avenue intersection. 13. The Applicant has stated and represented that its intention is to construct and operate a community shopping center, FINDINGS OF FACT AND CONCLUSIONS OF LAW - AVEST PAGE - 24 ~ ~ but the Applicant has requested zoning of General Retail and Service Commercial (C-G), which does not allow for a community shopping center. 14. That the City adopted the Comprehensive Plan at its meeting on January 4, 1994, and has not amended the Zoning Ordinance to reflect the changes made in the Comprehensive Plan; thus, uses may be called for or allowed in the Comprehensive Plan but the Zoning Ordinance may not address provisions for the use. 15. That the Applicant and the City are therefore caught in a no-man's-land situation, i.e., the Comprehensive Plan calls for a community shopping center at Locust Grove Road and Fairview Avenue but the Zoning Ordinance only allows for a community shopping center in the Community Business District and not in the General Retail and Service Commercial (C-G) district; the Applicant has not requested the land to be zoned, Community Business District; that a shopping center could be allowed in the C-G district under a Planned Development; that the Applicant has stated that he would develop the area of the property planned for a shopping center under a planned development procedure. 16. That it is concluded that the City could annex the property and zone it C-G but the Applicant could still not construct a community shopping center; however, once the property was zoned C-G, the Applicant could place many different uses on the property without additional approval from the City other than building permits,. which limits the control that the City should have over the development and the uses of the property due to the FINDINGS OF FACT AND CONCLUSIONS OF LAW - AVEST PAGE - 25 l1 /'~ mandates of the Comprehensive Plan and the testimony of those objecting to the development of the property in a commercial manner. 17. That it is concluded that since the Applicant has represented in the packet of information submitted to the City that, "The City will always control the development through the Conditional Use Permit and Design Review approval process.", and since Kathleen Weber indicated that each•and every part of the project will have to go through conditional use hearings and design review and such will be required, and since the Comprehensive Plan, under LAND USE, Mixed-Use Area at Locust Grove Road and Fairview Avenue, in 5.16U, states that all development requests will be subject to development review and conditional use permit processing to insure neighborhood compatibility, and since Roger Allen stated that ". the shopping center portion will be developed as a commercial planned development .", and the City should have control over any uses that are to be placed on the land, it is therefore concluded that the development of that portion of the land not to be used for storage is conditioned on being developed as a Commercial Planned Development, which is allowed in the General Retail and Service Commercial (C-G) district. 18. Therefore, it is concluded that since the Applicant has stated that he is agreeable to developing the property as a community shopping center under a commercial planned development process, the property should be annexed and zoned General Retail and Service Commercial (C-G), but only capable of being developed FINDINGS OF FACT AND CONCLUSIONS OF LAW - AVEST PAGE - Z6 as a planned commercial development. The development of the storage shall be addressed below. 19. That, as a condition of annexation and the .zoning of C-G, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address, among other things, the following: 1. Inclusion into the development of•the requirements of 11- 9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. c. H, Public Sites and Open Spaces. d. K, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. 2. The concerns of the owners of property along Locust Grove of having lights, particularly automobile headlights, shine into their yards and homes. 3. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City, as agreed to by the Applicant in statements by its representative during the public hearing. 4. Addressing the subdivision access linkage, screening, buffering, transitional land uses, traffic study and recreation services. 5. An impact fee to help acquire a future school or park sites to serve the area. 6. An impact fee, or fees, for park, police, and fire services as determined by the city. 7. Appropriate berming and landscaping. 8. Submission and approval of any required plats. 9. Submission and approval of individual building, drainage, lighting, parking, and other development plans under the Planned Development guidelines, including plans for the storage units. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AVEST PAGE - 27 /'\ ~ 7 10. Harmonizing and integrating the site improvements with the existing residential development. 11. Establishing the 35 foot landscaped setback required under the Comprehensive Plan and landscaping the same. 12. Addressing the comments of the Planning Director, Wayne Forrey. 13. The sewer and water requirements. 14. Agreeing that the Meridian Comprehensive Plan is applicable to the land and any development. 15. The annexation and zoning of the land. 16. Traffic plans and access into and out of the development. 17. Meeting the representations made as part of the application and hearing process. 18. And any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing as required under the Meridian Comprehensive Plan. 20. That Section 11-2-417 D of the Meridian Zoning Ordinance states in part as follows: "If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. ."; that since the above section states that the development agreement shall take effect upon the adoption of the ordinance annexing and zoning the parcel and since no development agreement has been agreed on, or even discussed, it is concluded that the development agreement is information that the City Council needs prior to the FINDINGS OF FACT AND CONCLUSIONS OF LAW - AVEST PAGE - 28 r r~ /~ final action on the annexing, zoning and conditional use applications, which is the annexation ordinance, and therefore pursuant to 11-2-416 F 2. the City Council may continue the matter from meeting to meeting until the development agreement is executed by all necessary parties. 21. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian, but it is concluded that there shall be no annexation until the requirements of paragraph 19 are met and the annexation and zoning is conditioned upon meeting the requirements of paragraph 19 of these Conclusions. 22. That regarding the conditional use permit request for storage units, it is concluded that Roger Allen, a representative of the Applicant, stated that Applicant desired to develop the shopping center under a commercial planned development, but he did not state .that Applicant also desired to develop the storage under a commercial planned development; that the Planning and Zoning Commission concluded that if the Applicant agreed to develop the all of the property as a commercial planned development and enter into a development agreement, the property would then be annexed and the Applicant could pursue the development of the storage units as part of the commercial planned development; that it is concluded that under a conditional use and a development agreement, the same controls on the storage units could be had by the City as under a planned unit development for the storage. 23. That it is concluded that 11-2-418(C} of the Revised and FINDINGS OF FACT AND CONCLUSIONS OF LAW - AVEST PAGE - 29 /'~ .~ Compiled Ordinances of the City of Meridian sets forth the standards under which 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 City Council concludes as follows: a. The use, would not in fact, constitute a conditional use under the Meridian Zoning Ordinance since storage is stated to be a permitted use in the C-G district, but the new Comprehensive Plan states that all development requests in the Mixed-use Area at Locust Grove Road and Fairview Avenue will be subject to development review and conditional use permit processing to ensure neighborhood compatibility, and therefore the conditional use application is deemed to be appropriate, as is the granting of such conditional use. b. The use should be harmonious with and in accordance with the Comprehensive Plan, if the .requirements in these Findings of Fact and Conclusions of Law are met, but the Comprehensive Plan 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 as long as development is undertaken to meet the representations of the Applicant and those that may be required by the City under design review. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses as long as development is undertaken to meet the representations of the Applicant and those that may be required by the City under design review. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AVEST PAGE - 30 /'t /'~ e h. That sufficient parking for the property and the proposed use will be required and the parking ordinance shall be met including the preparation of a parking plan and landscaping. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance.. 24. It is concluded that the conditional use should be granted if a development agreement is entered into regarding the development of the storage units and such is hereby made a condition of the granting of the conditional use permit for the storage units; that such a development agreement could be made a part of the development agreement required as a condition of approval for the annexation and zoning of the property, and such makes logical sense since there will be no annexing and zoning until the development agreement is entered into for the annexing and zoning. 25. That the requirements of the Meridian Police Department Meridian City Engineer, Ada County Highway District, Meridian Planning Director, Central District Health Department, and the Nampa & Meridian Irrigation District, shall be met and addressed in a development agreement. 26. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so~tiled, the property shall be subject to de-annexation. 27. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW - AVEST PAGE - 31 subject to and controlled by the Subdivision and Development Ordinance and the development agreement. 28. That proper and adequate access to the property is available and will have to be maintained, -with appropriate. buffering and head light glare reduction for the property to the, west of Locust Grove Road. 29. That these conditions shall run with the land and bind the applicant and its assigns. 30. With compliance of the conditions contained herein, the annexation and zoning of General Retail and Service Commercial (C- G), and the issuance of .a conditional use permit would be in the best interest of the City of Meridian. 31. That if these conditions of approval are not met, the property shall not be annexed and the conditional use permit shall not be granted. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) VOTED VOTED__ FINDINGS OF FACT AND CONCLUSIONS OF LAW - AVEST PAGE - 32 f ~~ ' r DECISION The City Council of the City of Meridian hereby decides that the property set forth in the application is approved for annexation, zoning and issuance of a conditional use permit under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicant develop the land which was represented not to be land for storage as a commercial planned unit development and that the Applicant enters into a development agreement, for both the land that was represented not to be used for storage and for land to be used for the storage facility, as outlined in the Conclusions of Law, prior to an annexation and zoning ordinance being passed; that an' annexation and zoning ordinance, and the issuance of a conditional use permit, shall not occur until a development agreement is entered into as that agreement is information that the Council needs to decide whether to pass an annexation and zoning ordinance and issue a conditional use permit or deny the applications; that if the Applicant is not agreeable with these Findings of Fact and Conclusions and is not agreeable with entering into a development agreement, the property will not be annexed. There shall be no development or use, whatsoever, of the property set forth in the Application as being used for other than storage, even if annexed and zoned General Retail and Service Commercial (C-G), unless done as a planned commercial development and such is approved by the City of Meridian prior to commencement of construction. MOTION: APPROVED:- DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - AVEST PAGE - 33