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HomeMy WebLinkAboutSchlotsky's Deli CUP4C la 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. SHAWCROFr, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. KENNETH W. BOWERS, Fire Chief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDLA N 33 EAST' IDAHO MERIDIAN, IDAHO 83642 Phone (208) 8884433 a FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 3, 1995 TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95 REQUEST: Conditional Use Permit for a restaurant with a drive up window BY: Western Deli Shops, Inc. LOCATION OF PROPERTY OR PROJECT: lot 5 of Central Valley Corporate Park JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C _MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT —CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: R MAR 01 ' S5 16:15 FR CITY OF BIER 1 D I kA 208 887 4813 TO CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT L M ADDRESS: 7050 SOUTH UNION PARK, SUITE 420 MIDVALE, UT 84047 GENERAL LOCATION LOT 5, CENTRAL VALLEY CORPORATE PARK DESCRIPTION OF PROPOSED CONDITIONAL USE: RESTAURANT WITH DRIVE -UP WINDOW ZONING CLASSIFICATION: GENERAL COMMERCIAL PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parldng and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 35 copies). Signature i4Apph=t LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _.__._r._._ _. m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by TO for the property generally described as located at SUBDIVISION, BLOCK , LOT I J.W. Robinson Architects, A Professional Corporation September 7, 1995 Administrator City of Meridian 33 East Idaho Meridian, ID 83642 RE: APPLICATION FOR A CONDITIONAL USE PERMIT 1. Applicant: Western Deli Shops, Inc. 7050 South Union Park, Suite 420 Midvale, UT 84047 (801) 255-3400 Agent for Owner: J.W. Robinson Architects Attn: Jeff Nielsen 2186 Highland Drive Salt Lake City, UT 84106 (801)486-7777 2. Owner: Western Deli Shops, Inc. 7050 South Union Park, Suite 420 Midvale, UT 84047 (801) 255-3400 3. Legal Description: see attached - Encl. 1. 4. Title Commitment: see attached - Encl. 2. S. Existing Use: Property is a vacant lot. 6. Present Use: Property is vacant and not being used. 7. Proposed Use: Restaurant with a drive -up window. 8. Existing Zoning: General Commercial 9. Vicinity Map: see attached 30 copies 10. Site characteristics: The site lies within the Central Valley Corporate Park. The CVCP has been designed to be contemporary at its foundation, with a touch of elegance and an accent of the traditional. Aesthetically balanced in proportion, high quality and completely integrated into a cleanly landscaped background with varying heights and colors which enhance and frame the detail features of the architecture. 11. List of mailing addresses of all property owners: see attached - End. 3 12. Fee: see enclosed check for $287.78 (9 addresses @ $1.42 + $275.00) 13, 14, & 15. see attached - Encl. 4 2186 Highland Drive, Salt Lake City, Utah 84106 (801) 486-7777 Fax (801) 486-7007 J.W. Robinson Architects, A Professional Corporation RE: CONDITIONAL USE PERMIT FOR SCHLOTZSKY'S DELI, LOT 5, CVCR MERIDIAN, IDAHO Western Deli Shops, Inc. hereby affirms that the parcel submitted for Conditional Use Permit shall be posted one (1) week before the Public Hearing with a notice that we have applied for a Conditional Use Permit. Jay Hales, Ovelopment V.Pres. Western Deli Shops, Inc. Western Deli Shops, Inc. hereby verifies that the contents of the Conditional Use Application have been read by us and that the information in true and correct. Jay Hales„ evelopment V. Pres. West6m Deli Shops, Inc. Western Deli Shops, Inc. and its Meridian Franchisee hereby agrees to pay any additional sewer, water, or trash fees or charges, if any, associated with the use of the above said property. Jay Haled, Development V.Pres. Western Deli Shops, Inc. encl 4 2186 Highland Drive, Sale Lake City, Utah 84106 (801) 486-7777 Fax (801) 486-7007 J.W. Robinson Architects, A Professional Corporation September 7, 1995 The attached is an authorized copy of the original Title Commitment, and we hereby approve submittal in our behalf of a Conditional Use Application. Jay Hales,/Development V.Pres. WeWem Deli Shops, Inc. C 2 L- Pl Z2 S`A Z USA CUTHBERT Notary Dubuc STATE OF UTAH C� My Comm. Expires MAY 8,1989 ' • • • 7060 UNION PARK AVE 1140 MIDVALE UT 64W 2186 Highland Drive, Sale Lake City, Utah 84106 (801) 486-7777 Fax (801) 486-7007 1jt1:5- -1b; 135 . llc! Z3 COMMITMENT FOR TITLE INSURANCE PIONEER TITLE COMPANY OF ADA COUNTY (208)373.3700 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SCHEDULE A Fife Number: P140634 PIONEER TITLE COMPANY 821 W. STATE STREET ATTN: JANET BLOSCH (PH. 373-3750) RAFANALLI & NAHAS ORINDA, CA 94563 ATTN: RON C. NAHAS TITLE INQUIRIES SHOULD BE DIRECTED TO:, HAROLD E. HUSTON VICE PRESIDENT (PHONE 373-3679) 8151 W. RIFLEMAN BOISE, ID 83704 2. Policy or Policies to be issued: 1. Effective Date: JULY 24, 1995 as of 7:30 A.M. R.T. NAHAS COMPANY 102 8.17171-1 ST., STE #300 ATTN: BOB NAHA' A. [X ] ALTA Owner's Policy, (4-6-90) [X] Standard Coverage [] Extended coverage Amount$230,000.00 Premium $945.00 REISSUE CREDIT $236.25 Proposed Insured: R.T. NAHAS COMPANY OF IDAHO, AN IDAHO CORPORATION B. [] ALTA Loan Policy, (4-r),-90) [] Standard Coverage [] Extended coverage Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is- FEESIMPLE s: FEESIMPLE 4. Title to the fee simple estate or interest in said land Is at the effective date hereof vested in: R.T. NAHAS COMPANY OF IDAHO, AN IDAHO CORPORATION AS TO AN UNDIVIDED ONE HALF INTEREST: AND IN RAFANELLI AND NAHAS, A CALIFORNIA GENERAL PARTNERSHIP, AS TO AN UNDIVIDED ONE HALF INTEREST S. The land referred to in this Commitment Is described as follows: SEE SCHEDULE C i;hLl. 1 jr2 Amount $ Premium $ ------------------------------------------------------------------------------------------------ - - - - -- TITLE INSURANCE SCHEDULE B - SECTION 2 File Number: P140634 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Defects, liens, encumbrances, adverse claims or other matters, If any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or Interest or mortgage thereon covered by this Commitment. B. General Exoepdons: (1) Rights or claims of parties in possession not shown by the public records. (2) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey or Inspection of the premises including, but not limited to, insufficient or impaired access or matters contradictory to any survey plat shown by the public records. (3) Easements, or claims of easements, not shown by the public records. (4) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. (5) (a) Unpatented mining claims; (b) reservations or exceptions In patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. (6) Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result In taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. *PARAGRAPHS 1,2,3,4,6 AND 6 WILL NOT APPEAR AS PRINTED EXCEPTIONS ON EXTENDED COVERAGE POLICIES, EXCEPT AS TO SUCH PARTS THEREOF, WHICH MAY BE TYPED AS A SPECIAL EXCEPTION IN SCHEDULE B -SECTION 2. C. Special Exceptions: 1. GENERAL TAXES FOR THE YEAR 1995, WHICH ARE DENS, ARE NOT YET DUE AND PAYABLE. 2. SEWERAGE CHARGES AND SPECIAL ASSESSMENT POWERS OF THE CITY OF MERIDIAN. NO SPECIAL ASSESSMENTS NOW SHOW OF RECORD. 3. UENS AND ASSESSMENTS OF THE FOLLOWING DISTRICT AND THE RIGHTS AND POWERS THEREOF AS PROVIDED BY LAW. NO DELINQUENCIES APPEAR IN THE COUNTY RECORDER'S OFFICE. DISTRICT: NAMPA MERIDIAN IRRIGATION DISTRICT (343-1884) CONTINUED SEP -06-1995 16:41 PIONEEP TITLE P.05 -- COMMITMENT FOR TITLE INSURANCE SCHEDULES -SECTION I File Number: P1406.34 REQUIREMENTS The following are the requirements to be compiled with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured, Item (b) Proper Instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: P140634 , 9 4. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN DEED TO THE STATE OF IDAHO, CONVEYING A PORTION OF THE PROPERTY ADJOINING: RECORDED: JUNE 12, 19633 INSTRUMENT NO.: 558158 AS FOLLOWS: GRANTORS AGREE THAT NO BUILDINGS OR STRUCTURES, EXCEPT IRRIGATION OR DRAINAGE STRUCTURES, WILL BE PERMITTED TO BE CONSTRUCTED WITHIN 20 FEET OF THE REAL PROPERTY ABOVE DESCRIBED. GRANTORS FURTHER AGREE THAT NO BILL BOARDS OR OTHER ADVERTISING SIGNS WILL BE PERMITTED CLOSER THAN 100 FEET FORM THE REAL PROPERTY ABOVE DESCRIBED, EXCEPTING SIGNS PERTAINING TO BUSINESS ESTABLISHED ON LAND ADJACENT TO THE DESCRIBED REAL PROPERTY. AS A PART OF THE CONSIDERATION HEREINABOVE STATED, THE GRANTOR BARGAIN, SELL, CONVEY AND RELINQUISH TO THE GRANTEE ALL EXISTING, FUTURE OR POTENTIAL COMMON LAW OR STATUTORY EASEMENTS OF ACCESS BETWEEN THE RIGHT OF WAY OF THE PUBLIC RIGHT OF WAY IDENTIFIED AS I -80N-1-(12)37, AND ALL OF THE CONTIGUOUS REMAINING REAL PROPERTY OF THE GRANTOR WHETHER ACQUIRED BY SEPARATE CONVEYANCES OR OTHER WISE OF WHICH THE REAL PROPERTY COVERED BY THIS INSTRUMENT IS A PART, WHERE SAID REMAINING REAL PROPERTY ABUTS ON THE NORTH SIDE OF THE SAID PUBLIC WAY, EXCEPT FOR: ACCESS TO FRONTAGE ROAD PARALLEL AND CONTIGUOUS TO STATE HIGHWAY NO. 69, FRONTAGE ROAD COMMENCES AT STATION 435+92+ AND CONNECTS WITH STATE HIGHWAY NO. 69 RIGHT OF STATION 445+28.29. AFFECTS: LOTS 3-8, BLOCK 4 5. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN DEED TO THE 'STATE OF IDAHO, CONVEYING A PORTION OF THE PROPERTY ADJOINING RECORDED: JUNE 12, 1963 INSTRUMENT NO.: 558159 AS FOLLOWS: AS A PART OF THE CONSIDERATION HEREINABOVE STATE, THE GRANTOR, BARGAIN, SELL, CONVEY AND RELINQUISH TO THE GRANTEE ALL EXISTING, FUTURE OR POTENTIAL COMMON LAW OR STATUTORY EASEMENTS OF ACCESS BETWEEN THE RIGHT OF WAY OF THE PUBLIC WAY IDENTIFIED AS I -80N-1(12)37, AND ALL OF THE CONTIGUOUS REMAINING REAL PROPERTY OF THE GRANTOR WHETHER ACQUIRED BY SEPARATE CONVEYANCES OR OTHERWISE, OF WHICH THE REAL PROPERTY COVERED BY THIS INSTRUMENT IS A PART, WHERE SAID REMAINING REAL PROPERTY ABUTS ON THE NORTH SIDE OF THE SAID PUBLIC WAY. AFFECTS: LOTS 3-8, BLOCK 4 6. AN EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN. FOR: A RIGHT OF WAY AND EASEMENT TO LAY AND CONSTRUCT A GAS DISTRIBUTION LINE IN FAVOR OF: INTERMOUNTAIN GAS COMPANY, A CORPORATION RECORDED: JANUARY 7, 1964 INSTRUMENT NO.: 573621 AFFECTS: LOTS 3-6, BLOCK 4 7. AN EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN. FOR: A RIGHT OF WAY AND EASEMENT FOR THE ERECTION AND CONTINUED OPERATION, MAINTENANCE, REPAIR, ALTERATION, INSPECTION AND REPLACEMENT OF THE ELECTRICAL TRANSMISSION, DISTRIBUTION AND TELEPHONE LINES AND CIRCUITS OF THE GRANTEE, ATTACHED TO POLES OR OTHER SUPPORTS, TOGETHER WITH GUYS, CROSSARMS AND OTHER ATTACHMENTS AND INCIDENTAL EQUIPMENT THEREON AND APPURTENANCES, WITH THE RIGHT TO PERMIT THE ATTACHMENT OF THE WIRES AND FIXTURES OF OTHER COMPANIES OR PARTIES IN FAVOR OF: IDAHO POWER COMPANY, A CORPORATION RECORDED: DECEMBER 30, 1964 INSTRUMENT NO.: 601471 AFFECTS: LOTS 3-7, BLOCK 4 CONTINUED ------------------------------------------------------------------------------------------------------- FF_P-D6-'1P I_nNFFR T I TLE G . 0E1 P140534 8. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS AS SET FORTH ON SAID PLAT. NOTE: RELINQUISHMENT OF EASEMENT RIGHTS BETWEEN LOTS 3 AND 4 AND 4 AND 5 AS FOLLOWS: PARTY: INSTRUMENT NO.: INTERMOUNTAIN GAS CO. 9396766 UNITED CABLE TELEVISION CORP. 9396767 U.S. WEST COMMUNICATIONS 9396768 IDAHO POWER COMPANY 9396769 CITY OF MERIDIAN 9396770 9. AN EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN. FOR: RIGHT OF INGRESS AND EGRESS TO REPAIR, MAINTAIN. REPLACE OR REMOVE SUCH PIPELINE IN FAVOR OF: INTERMOUNTAIN GAS COMPANY, A CORPORATION RECORDED: MAY 15, 1989 INSTRUMENT NO.: 8921828 AFFECTS: LOT 4, BLOCK 4 10. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS BY: R.T. NAHAS COMPANY OF IDAHO AND SIMIDA CORPORATION DATED: JULY 18, 1989 RECORDED: MAY 15, 1989 INSTRUMENT NO.: 8934034 AMENDMENT TO SAID COVENANTS RECORDED: NOVEMBER 19, 1990 INSTRUMENT NO.: 9062973 AMENDMENT TO SAID COVENANTS RECORDED: OCTOBER 13, 1993 INSTRUMENT NO.: 9384829 AMENDMENT TO SAID COVENANTS RECORDED: DECEMBER 2, 1994 INSTRUMENT NO.. 94105663 11. DECLARATION OF RESTRICTIVE COVENANT DATED: NOVEMBER 15, 1990 'EXECUTED BY: R.T. NAHAS COMPANY OF IDAHO RECORDED: NOVEMBER 19, 1990 INSTRUMENT NO.: 9062974 AS FOLLOWS: OWNERS COVENANT AND AGREE THAT OWNERS' PROPERTY DESCRIBED ON EXHIBIT A (EXCEPTING THE COMPUTROL-ARMSTRONG TEN ACRES) SHALL NOT BE LEASED, PURCHASED OR OPERATED BY ANY OF THE FOLLOWING PIZZA BUSINESS: BRASS LAMP PIZZA, BRICKHOUSE PIZZA, CHICAGO CONNECTION PIZZA, DOMINO'S PIZZA, FLYING PIE PIZZA, GARBANZO'S PIZZA, GODFATHER'S PIZZA, GREAT WESTERN PIZZA, KEYSTONE PIZZA, LITTLE CAESER'S PIZZA, MANCINO'S PIZZA, MARIO'S PIZZA, MONTE'S PIZZA, NOODLE'S PIZZA, PASTA PIZZAZZ, PAPA JOE'S PIZZA, LOUIE'S PIZZA OR ANY SIMILAR TYPE PIZZA BUSINESS WHOSE PRIMARY BUSINESS IS THE RETAIL SELLING OF COOKED AND READY TO EAT PIZZA FOOD PRODUCTS WHETHER EATEN IN, TAKEN OUT OR DELIVERED. CONTINUED P140634 THIS COVENANT SHALL RUN WITH THE OWNERS' PROPERTY AND SHALL REMAIN IN EFFECT UNTIL THE 15TH DAY OF NOVEMBER 2025, AT WHICH TIME THEY SHALL AUTOMATICALLY RENEW FOR A PERIOD OF TWENTY (20) YEARS UNLESS TERMINATED BY THE OWNER OF THAT PROPERTY DESCRIBED ON EXHIBIT B BY A STATEMENT PROPERLY EXECUTED AND RECORDED IN THE OFFICE OF THE COUNTY RECORDER FOR ADA COUNTY, IDAHO. PROVIDED, HOWEVER, THAT IF THE PROPERTY DESCRIBED ON EXHIBIT B SHALL CEASE BEING USED AS A BUSINESS SELLING ANY PIZZA PRODUCTS FOR TWO (2) CONTINUOUS YEARS; OR IF NO BUSINESS SELLING PIZZA IS CONSTRUCTED ON THE PROPERTY DESCRIBED IN EXHIBIT B WITHIN TWO (2) YEARS OF THE TIME THE PROPERTY DESCRIBED ON EXHIBIT B IS DEEDED TO ROCKY MOUNTAIN PIZZA HUTS, INC., THEN THIS RESTRICTIVE COVENANT SHALL TERMINATE AT THE END OF THAT TWO (2) YEAR PERIOD AND SHALL BE OF NO FURTHER FORCE OR EFFECT. NOTE: EXHIBIT "A" COVERS SAID PREMISES AND OTHER LANDS AND EXHIBIT "B" DESCRIBES PROPERTY OWNED BY ROCKY MOUNTAIN PIZZA HUTS, INC. 12. DECLARATION OF RESTRICTIVE COVENANT DATED: JANUARY 22, 1991 EXECUTED BY: R.T. NAHAS COMPANY OF IDAHO AND SIMIDA CORPORATION RECORDED: JANUARY 25, 1991 INSTRUMENT NO.: 9104419 AS FOLLOWS: NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED OWNERS COVENANT AND AGREE THAT OWNERS' PROPERTY DESCRIBED ON EXHIBIT A (EXCEPTING THE PROPERTY PREVIOUSLY SOLD TO COMPUTROL/ARMSTRONG AND ROCKY MOUNTAIN PIZZA HUTS, INC.) SHALL NOT BE LEASED, PURCHASED, OR OPERATED PRIMARILY AS A CAR WASH, RETAIL GASOLINE STATION, CONVENIENCE STORE -CAR WASH. THIS COVENANT SHALL RUN WITH OWNERS' PROPERTY AND SHALL REMAIN IN EFFECT UNTIL THE 1 ST DAY OF JANUARY 2025 AT WHICH TIME IT WILL AUTOMATICALLY RENEW FOR ANOTHER TWENTY (20) YEARS UNLESS TERMINATED BY THE OWNER OF THAT PROPERTY DESCRIBED ON EXHIBIT B BY A STATEMENT PROPERLY EXECUTED AND RECORDED IN THE OFFICE OF THE COUNTY RECORDER FOR ADA COUNTY, IDAHO. PROVIDED. HOWEVER, THAT IF THE PROPERTY DESCRIBED ON EXHIBIT B SHALL CEASE BEING USED AS A CAR WASH, RETAIL GASOLINE STATION, CONVENIENCE STORE OR COMBINATION RETAIL GASOLINE STATION -CONVENIENCE STORE -CAR WASH FOR TWO (2) CONTINUOUS YEARS; OF IF NO SUCH BUSINESS IS CONSTRUCTED ON THE PROPERTY DESCRIBED IN EXHIBIT B WITHIN TWO (2) YEARS OF THE TIME THE PROPERTY DESCRIBED ON EXHIBIT B IS DEEDED TO EDDY-WARILA, INC., THEN THIS RESTRICTIVE COVENANT SMALL TERMINATE AT THE END OF THAT TWO (2) YEAR PERIOD AND SHALL BE OF NO FURTHER FORCE OF EFFECT. THIS COVENANT SHALL BIND AND INURE TO THE BENEFIT OF ALL SUCCESSORS, ASSIGNS, HEIRS, PERSONAL REPRESENTATIVES AND GRANTEES OF OWNERS' PROPERTY AND EDDY- WARILA, INC., AS TO THAT PROPERTY DESCRIBED ON EXHIBIT B ATTACHED HERETO. NOTE: EXHIBIT "B" IS THE PROPERTY OWNED BY EDDY-WARILA, INC., EXHIBIT "A" COVERS SAID PREMISES AND OTHER LANDS. 13. RESTRICTIVE COVENANT DATED: SEPTEMBER 25, 1990 EXECUTED BY: R.T. NAHAS COMPANY OF IDAHO AND SIMIDA CORPORATION RECORDED: MAY 1, 1991 UNDER INSTRUMENT NO. 9122SO4 AS FOLLOWS: GRANTOR PROMISES AND DECLARES THAT THE PROPERTY DESCRIBED ON EXHIBIT C, ATTACHED, WILL NOT BE USED FOR RESTAURANT PURPOSES FOR A PERIOD OF 20 'YEARS FROM THE DATE OF THE RECORDING OF THIS DOCUMENT. THE TERM "RESTAURANT' AS USED IN THE CONTRACT SHALL MEAN A FAST SERVICE FOOD ESTABLISHMENT WITH ITS PRIMARY BUSINESS BEING THE SALE OF ANY COMBINATION OF HAMBURGERS AND FRENCH FRIES, INCLUDING BUT NOT LIMITED TO BURGER KING, WENDY'S, JACK-IN-THE-BOX BURGER CHEF, HARDEE'S, DAIRY QUEEN. BURGERVILLE USA, ARCTIC CIRCLE, CARL'S JR., RAX AND ARBY'S ROAST BEEF. CONTINUED 1995 16:43 PIONEER TITLE P. 08. 271 1 P140`34 14. RESTRICTIVE COVENANTS DATED: SEPTEMBER 30, 1993 EXECUTED BY: R.T. NAHAS COMPANY OF IDAHO, AN IDAHO CORPORATION AND SIMIDA CORPORATION, AN INDIANA CORPORATION RECORDED: OCTOBER 13, 1993 INSTRUMENT NO.: 9384829 AS FOLLOWS: NO PROPERTY SUBJECT TO THIS RESTRICTIVE COVENANT (EXCEPT ANY PROPERTY USED BY SHARI'$ RESTAURANT) SHALL BE USED FOR A FULL SERVICE FAMILY RESTAURANT, SERVING BREAKFAST, LUNCH AND DINNER OF A TYPE SIMILAR TO DENNYS , PERKINS, INTERNATIONAL HOUSE OF PANCAKES, JB'S, MARIE CALLENDARS OR VILLAGE INN, PROVIDED, HOWEVER THAT THIS RESTRICTION SHALL NOT PROHIBIT A SPECIALTY OR ETHNIC TYPE RESTAURANT CONTAINING LESS THAN 2,500 SQUARE FEET. AFFECTS: ENTIRE PLAT EXCEPT LOT 6, BLOCK 4 is. LETTER EXECUTED BY CENTRAL DISTRICT HEALTH DEPARTMENT DATED: JANUARY 16, 1992 RECORDED: FEBRUARY 14, 1992 INSTRUMENT NO.: 9208529 PROVIDING: NO LOT SIZE MAY BE REDUCED WITHOUT PRIOR APPROVAL OF THE HEALTH AUTHORITY 16. LIENS, DUES AND OR ASSESSMENTS OWING THE ASSOCIATION HEREIN NAMED WHICH MAY HAVE HERETOFORE ATTACHED PURSUANT TO THE PROVISIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS MENTIONED IN THE ABOVE PARAGRAPH. ASSOCIATION: CENTRAL VALLEY CORPORATE PARK ASSOCIATION 17. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS DATED: JANUARY 27, 1993 EXECUTED BY: R.T. NAHAS COMPANY OF IDAHO AND SINIDA CORPORATION RECORDED: FEBRUARY S, 1993 INSTRUMENT NO.: 9309196 AS FOLLOWS., TERM: THIS RESTRICTIVE COVENANT SHALL REMAIN EFFECTIVE UNTIL THE 10TH DAY OF DECEMBER, 2017 AT WHICH TIME 1T SHALL AUTOMATICALLY TERMINATE AND BE OF NO FURTHER FORCE OR EFFECT. RESTRICTIVE COVENANT: NO PROPERTY SUBJECT TO THIS RESTRICTIVE COVENANT SHALL BE USED FOR HOTEL OR MOTEL PURPOSES DURING THE TERM OF THIS RESTRICTIVE COVENANT. RUNS WITH THE LAND: THIS COVENANT SHALL RUN WITH THE LAND DESCRIBED HEREIN WHICH IS SUBJECT TO THIS RESTRICTIVE COVENANT. AFFECTS ENTIRE PLAT EXCEPT LOT 6, BLOCK 4 18. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS DATED: DECEMBER 6, 1994 EXECUTED BY: R.T. NAHAS COMPANY OF IDAHO, A IDAHO CORPORATION AND RAFANELU AND NAHAS, A CALIFORNIA GENERAL PARTNERSHIP RECORDED. DECEMBER 6, 1994 INSTRUMENT NO.: 94106269 19. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS DATED: MAY 12, 1994 EXECUTED BY: R.T. NAHAS COMPANY OF IDAHO, AN IDAHO CORPORATION AND RAFANELLI AND NAHAS, A CALIFORNIA GENERAL PARTNERSHIP RECORDED: DECEMBER 6, 1994 INSTRUMENT NO.: 94106270 END OF EXCEPTIONS CONTINUED ---------------------------------------------------------------------------------------------------- SEP-06-1995 16:44 PIONEER TITLE p.09-12-3 P140634 NOTE: GENERAL TAXES FOR THE YEAR 1994, WHICH WERE LIENS, IN THE ORIGINAL SUM OF $1,400.62, ARE PAID. PARCEL NO. 03-R 1343520365 SAID TAXES AFFECT PARCEL #0355 OF LOT 4 NOTE: THERE IS NO NOTICE OF RECORD AND THEREFORE NO SEARCH HAS BEEN MADE FOR ANY UNPAID ASSESSMENTS, CHARGES OR FEES FOR SEWER, WATER, GARBAGE, IRRIGATION AND OTHER POSSIBLE UTILITY SERVICES. NOTE: IF THE PROPOSED INSURED UNDER THE POLICY TO ISSUE HAS ANY QUESTIONS CONCERNING THE COVERAGE OR EXCLUSIONS FROM COVERAGE, THE COMPANY WILL BE PLEASED TO PROVIDE AN EXPLANATION. NOTE: PURSUANT TO THE STATE OF IDAHO INSURANCE REGULATIONS, A CANCELLATION FEE IS TO BE CHARGED ON ALL CANCELLED ORDERS. UNLESS OTHERWISE ADVISED, ORDERS WILL BE CONSIDERED CANCELLED SIX MONTHS AFTER THE EFFECTIVE DATE ON THE COMMITMENT. THE AMOUNT OF THE FEE ASSESSED SHALL BE IN ACCORDANCE WITH OUR RATE FILING WITH THE IDAHO DEPARTMENT OF INSURANCE. I------------------------------------------------------------------------------------------------------ SEP-06-1995 16:44 PIONEER TITLE F. 10; -, SCHEDULE C File Number_ P140634 The land referred to in this Commitment is described as follows: A TRACT OF LAND BEING LOT 5 AND A PORTION OF LOT 4, BLOCK 4. CENTRAL VALLEY CORPORATE PARK NO.3 (A RECORDED SUBDIVISION ON FILE IN BOOK 61 OF PLATS AT PAGE 6050 AND 6051, RECORDS OF ADA COUNTY, IDAHO), SITUATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE -MERIDIAN, ADA COUNTY. IDAHO, LYING SOUTHERLY OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND BRASS CAP MONUMENTING THE SOUTHWEST CORNER OF SAID SECTION 18, THENCE ALONG THE WESTERLY LINE OF SAID SOUTHWEST QUARTER, NORTH 01 DEGREE 02'04" EAST A DISTANCE OF 2650.29 FEET TO A FOUND BRASS CAP MONUMENTING THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER, THENCE LEAVING SAID WESTERLY UNE AND ALONG THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER, NORTH 89 DEGREES 42'17" EAST A DISTANCE OF 148.54 FEET TO A FOUND IRON PIPE ON THE EASTERLY RIGHT OF WAY OF EAST FIRST STREET SOUTH MONUMENTING THE POINT OF BEGINNING OF CENTRAL VALLEY CORPORATE PARK NO.2 (A RECORDED SUBDIVISION ON FILE IN BOOK 58 OF PLATS AT PAGE 5572, 5573 AND 5574, RECORDS OF ADA COUNTY, IDAHO; THENCE LEAVING SAID NORTHERLY UNE AND ALONG SAID EASTERLY RIGHT OF WAY SOUTHWESTERLY ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHEASTERLY A DISTANCE OF 232.98 FEET, SAID CURVE HAVING A RADIUS OF 1085.92 FEET, A CENTRAL ANGLE OF 12 DEGREES 17'33", A CHORD BEARING SOUTH 17 DEGREES 52'38" WEST, A CHORD DISTANCE OF 232.53 FEET TO A FOUND IRON PIPE MONUMENTING THE POINT OF BEGINNING OF SAID CENTRAL VALLEY CORPORATE PARK NO. 3, SAID IRON PIPE ALSO BEING THE NORTHWESTERLY CORNER OF SAID LOT 3; THENCE LEAVING SAID EASTERLY RIGHT OF WAY AND ALONG THE NORTHERLY UNE OF SAID LOT 3 SOUTH 69 DEGREES 56'00" EAST A DISTANCE OF 296.14 FEET TO A FOUND STEEL PIN ON THE WESTERLY RIGHT OF WAY OF SOUTH PROGRESS AVENUE, MONUMENTING THE NORTHEASTERLY CORNER OF SAID LOT 3; THENCE LEAVING SAID NORTHERLY LINE AND ALONG THE SAID WESTERLY RIGHT OF WAY SOUTH 02 DEGREES 00'00" WEST A DISTANCE OF 143.65 FEET TO A SET STEEL PIN AND THE TRUE POINT OF BEGINNING OF SAID DESCRIBED UNE; THENCE LEAVING SAID WESTERLY RIGHT OF WAY NORTH 83 DEGREES 24'16" WEST A DISTANCE OF 295.94 FEET TO A SET STEEL PIN ON SAID EASTERLY RIGHT OF WAY OF EAST FIRST STREET SOUTH, AND THE TERMINUS OF SAID DESCRIBED LINE. END OF LEGAL DESCRIPTION -------------------------------------------------------------------------------------------------------- SEP-©6-1995 16:45 PIONEER TITLE P.11.23 EXHIBIT W File Number-, P140634 A TRACT OF LAND BEING LOT 5 AND A PORTION OF LOT 4, BLOCK 4, CENTRAL VALLEY CORPORATE PARK NO.3 (A RECORDED SUBDIVISION ON FILE IN BOOK 61 OF PLATS AT PAGE 6050 AND 6051, RECORDS OF ADA COUNTY, IDAHO), SITUATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE -MERIDIAN, ADA COUNTY, IDAHO, LYING SOUTHERLY OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND BRASS CAP MONUMENTING THE SOUTHWEST CORNER OF SAID SECTION 18, THENCE ALONG THE WESTERLY LINE OF SAID SOUTHWEST QUARTER, NORTH 01 DEGREE 02'04" EAST A DISTANCE OF 2650.29 FEET TO A FOUND BRASS CAP MONUMENTING THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER, THENCE LEAVING SAID WESTERLY LINE AND ALONG THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER, NORTH 89 DEGREES 42'17" EAST A DISTANCE OF 148.54 FEET TO A FOUND IRON PIPE ON THE EASTERLY RIGHT OF WAY OF EAST FIRST STREET SOUTH MONUMENTING THE POINT OF BEGINNING OF CENTRAL VALLEY CORPORATE PARK NO.2 (A RECORDED SUBDIVISION ON FILE IN BOOK 58 OF PLATS AT PAGE 5572, 5573 AND 5574, RECORDS OF ADA COUNTY, IDAHO: THENCE LEAVING SAID NORTHERLY LINE AND ALONG SAID EASTERLY RIGHT OF WAY SOUTHWESTERLY ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHEASTERLY A DISTANCE OF 232.98 FEET, SAID CURVE HAVING A RADIUS OF 1085.92 FEET, A CENTRAL ANGLE OF 12 DEGREES 17'33", A CHORD BEARING SOUTH 17 DEGREES 52'38" WEST, A CHORD DISTANCE OF 232.53 FEET TO A FOUND IRON PIPE MONUMENTING THE POINT OF BEGINNING OF SAID CENTRAL VALLEY CORPORATE PARK NO. 3. SAID IRON PIPE ALSO BEING THE NORTHWESTERLY CORNER OF SAID LOT 3: THENCE LEAVING SAID EASTERLY RIGHT OF WAY AND ALONG THE NORTHERLY LINE OF SAID LOT 3 SOUTH 69 DEGREES 56'00" EAST A DISTANCE OF 296.14 FEET TO A FOUND STEEL PIN ON THE WESTERLY RIGHT OF WAY OF SOUTH PROGRESS AVENUE, MONUMENTING THE NORTHEASTERLY CORNER OF SAID LOT 3; THENCE LEAVING SAID NORTHERLY LINE AND ALONG THE SAID WESTERLY RIGHT OF WAY SOUTH 02 DEGREES 00'00" WEST A DISTANCE OF 143.65 FEET TO A SET STEEL PIN AND THE TRUE POINT OF BEGINNING OF SAID DESCRIBED UNE; THENCE LEAVING SAID WESTERLY RIGHT OF WAY NORTH 83 DEGREES 24'16" WEST A DISTANCE OF 295.94 FEET TO A SET STEEL PIN ON SAID EASTERLY RIGHT OF WAY OF EAST FIRST STREET SOUTH, AND THE TERMINUS OF SAID DESCRIBED UNE. END OF LEGAL DESCRIPTION -------- --------- ---------------------------- �co_nc_�oo� ��.d�PIOhIEER TITLEP. �_ CENTRAL VALLEY CORPORATE PARK VICINITY MAP W4 1-4 40 TRANSMITTAL Ni V-1 J.W. Robinson Architects VRAN 2186 Highland Dr. S.L.C., Utah 84106 _ phone (801) 486-7777 FAX (801) 486-7007 TO: DATE: oIh b5 From: c)eT COMPANY: of We transmit: herewith ✓ Messenger For your: approval review and comment distribution to party sign & return # of Copies DATE DESCRIPTION Remarks: PROJECT #: °I 5 - SSS NAM E Q---,cA LoTz st q 's Z.LV (Yle r I'd io.� / S • ProoJce.ss IM FAX Number ( -j Phone # (_) 1 AC VA � hoc Q C)V--)6 0 z- C n -a Transmitted by:_ c Total # of pages (Including this sheet) i MERIDIAN PLANNING & ZONING COMMISSION MEETING: OCTOBER 10, 1995 APPLICANT: WESTERN DELI SHOPS, INC. AGENDA I TEM NUMBER: 11 REQUEST: REQUEST FOR A CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT WITH WITH A DRIVE UP WINDOW AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: ` INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEWER DEPARTMENT SEE ATTACHED COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. ' WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 - FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD MEMORANDUM: Mayor To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE AUDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER October 6, 1995 Re; RESTAURANT, WITH DRIVE UP WINDOW - "SCHLOTZSKY' S DELI" (Request for Conditional Use Permit - by Western Deli Shops, Inc.) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 1. The proposed Schlotzsky's Deli would occupy Lot 5, and the southerly portion of Lot 4, Block 4 of Central Valley Corporate Park No. 3. At the time Shari's Restaurant went in, a Record of Survey was prepared to adjust the Lot line between Lots 3 and 4, Block 4. Shari's occupies Lot 3 and the northerly portion of Lot 4. It appears that the intent of the applicant is to only occupy the easterly portion of their parcel. If there is going to be separate ownership of the balance of the parcel, a Record of Survey will need to be prepared showing the lines of ownership, cross access easements, utility easements, etc. 2. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. 3. A drainage plan designed by an architect or engineer, licensed by the State of Idaho, shall be required for all off-street parking areas. The drainage plan shall be submitted for review and approval by the City Engineer. (Ord. 557, 10-1-91). 4. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3 5. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 ana' 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance. 6. All Signage shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance. C:\WPWIN60\GENERAL%CF L0M.P&Z 7. All construction shall conform to the requirements of the Americans with Disabilities Act. 8. Sanitary Sewer and Water to this facility would be via. mains that were installed as part of the Central Valley Corporate Park Subdivision No. 3. Assessment fees for sewer and water service will be determined during the building plan review process. Please provide any information that you may have with regards to your anticipated water demand. Separate sewer and water service lines will need to be installed for the area designated as "Future Development". If the future development area is to be under separate ownership, sewer and water easements must be provided across the Schlotzsky' s parcel. c:\WPWINMGENFRALVSCHLO ZS.P&Z WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 8884433 " FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT R KINGSFORD Mayor TO: Plann' & Zoning Commission, Mayor and Council FROM: Shari L. tiles, Planning & Zoning Administrator DATE: October 6, 1995 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P A Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER SUBJECT: Request for Conditional Use for a Drive-thru Facility in Central Valley Corporate Park by Western Deli, Inc. (Schlotzsky's Deli) City Ordinance requires a minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of pavement. The additional landscape treatment shown may warrant a slight relaxation of this requirement. 2. Any existing irrigation or drainage ditches crossing the property shall be tiled per City Ordinance. 3. A Certificate of Occupancy is required prior to opening. Occupancy will be contingent upon meeting all zoning, building code, public works, Fire Department and agency regulations. 4. Illumination shall be designed to not cause glare. 5. Speakers in this commercial area will not affect residential areas. 6. A lot line adjustment is needed to split. this property in the manner shown, with cross access delineated on the Record of Survey for the interior parcel, unless Western Deli is purchasing the entire site for later expansion. 7. Signs shall meet the Uniform Sign Code and City Ordinance (no flashing lights). 8. Site/architectural plan is very attractive, and the project will be a welcome addition to the City of Meridian. 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. SHAWCROtT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 3 Z Adm. KENNETH W. BOWERS, Fire Chief W. L "SILL' GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-44433 a FAX (208) 887-4813 Public Works/Btuldins Department (208) 887-2211 GRANT P. KINGSFORD M"or COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 3, 1995 TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95 REQUEST: Conditional Use Permit for a restaurant with a drive up window BY: Western Dell Shops, Inc. LOCATION OF PROPERTY OR PROJECT Lot 5 of Central Valley Corporate Park JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PREWM & FINAL PLAT) BUREAU OF RECLAMA (PR,ELIM & FINAL PLAT) CITY FILES / //. I / YOUR CONCISE RECEIVED SEP 2 2 1995 CITY OF MERIDIAN OFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Perks Supt. SHARI S. STILES, P & Z Adm. KENNETH W. BOWERS, Fire Chief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good i= to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 a FAX (208) 8874813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT O. CORRIE WALT W. MORROW P d Z COMMISSION JIM JOHNSON, Chairman MOE ALIOJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 3, 1995 TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95 REQUEST: Conditional Use Permit for a restaurant with a drive up window BY: Western Deli Shops. Inc. LOCATION OF PROPERTY OR PROJECT. Lot 5 of Central Valley Corporate Park JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C —BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PREUM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FLES 9_ � O _ qr OTHER: YOUR CONCISE REMARKS: CITY ATTORNEY X5/L o 4 S L L C O b E S Lvn -e^ CITY ENGINEER CITY PLANNER 4Ad1A 2F M JE'r" -fk;S WILL 8at /�✓JArevr �yr 5 E P 2 0 1995 * Tl V Ok i tl;ii.iifiz W) CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Environmental Health Division . Return to: Bo iseOW DEPARTMENT �'• ❑ Eagle Rezone # _ ... ❑ Garden city Conditional Use Meridian ❑ Kuna Preliminary / Final / Short Plat F 1 ACZ ❑ I. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: central sewage ❑ community sewage system ❑ community water well ❑ interim sewage central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 12. Street Runoff is not to create a mosquito breeding problem. Stormwater disposal systems shall be reviewed by relative to: El Waste Disposal 11 Injection Well rules. ❑ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 14. We will require plans be submitted for a plan review for any: .F food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store Date: S Reviewed By: Review Sheet WHO I0/91 rch, rev. 1/9S CENTRAL LCiffDISTRICT 'HEAi.TH DEPARTMENT MAIN OFFICE• 101 N. ARMSTRONG F" • 8010E, ID. 83104-0825 • (Vd) 3755211 • FAX-- 327-W To prevent and treat disease and disability; to promote healthy l(estyles; and to protect and promote the health and quality of our environmen. STORMWATER MANAGEMENT RECOMMENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with "the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 19892 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT 3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared by Camp Dresser and McKee, Larry Walker Assoc., Uribe and Assoc. Resources Planning Assoc., for the Stormwater Quality Task Force 4) URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management Practices Stormwater Quality Urban Drainage and Flood Control District, Denver, Colorado Serving Valley, Elmore. Boise, and Ada Counties Ado / bogie Cm* Oeste.. NAC soae . Mondor Bean Cft* oeN emote C&A* 018-0 Voter C&A* Ola 701 R Mrraw q P< 1006 ROW 51. 520 E 8111SkW K d EnrO&TO" Room P.O. eat 144 9oee. 0.87701-0825 Boas. 0. 81705 Wr m Home. 0. 100 S 4M street E *M Q 87636 Ewa HWft 321.7409 Pre, 734 J3S5 8J611 R► 5874 07 Marfan Harne. 0. Rt 634-7194 Em* PIMM9 327.74M 324 Mention RQ 83611 Pt► 5874M Mnnrao1= 321.7450 Marden. 0. 83012 N AWWr 327.7400 PR U865B 'MC. 227.7488 OFFICIALS HUB OF TREASURE VALLEY COUNCIL MEMBERS WILLIAM G. BERG, Jr., City Clerk A Good Placa to Live RONALD R. TOLSMA MAX YERRINGTON JANICE L BASS, City Treasurer GARY 0. Engineer CITY OF MERIDIAN ROBERT D. CORRIE WALT W.MORROW STUAI Wale pt. JOHN T. SHAWCROFT, Waste Water Supt. P 32 COMMISSION DENNIS J. SUMMERS, Parks Supt. 33 EAST IDAHO JIM JOHNSON. Chairman SHARI S. STILES, P a z Adm. KENNETH W. BOWERS, Fire Chief MERID IAN, IDAHO 83642 �" it e �,:, t r MOE AUDJANI JIM SHEARER W. L "BILL" GORDON, Police Chief Phone (208) 889-4433 a FAX (208) 8874813 LLE , �J A�` CHARLIE ROUNTREE WAYNE G. CROOKSTON, JR., Attorney Public Works/BuildinsDepartment (208) 887-2211 TIM HEPPER /. 0 C T — 4 1993 GRANT P. KINGSFORD Mayor CITY OF MERIDW11 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: October 3, 1995 TRANSMITTAL DATE: 9/18/95 HEARING DATE: 10/10/95 REQUEST`. Conditional Use Permit for a restaurant with a drive up window BY: Western Deli Shoos. Inc. LOCATION OF PROPERTY OR PROJECT: Lot 5 of Central Valley Corporate Park JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PREL IM & 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(PREUM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: OFFICIALS NILLIAIAG, BERG, Jr., City Clerk IANICE L. GASS, City Treasurer ;ARY O. SMITH, P.E. City Engineer TRUCE O. STUART, Water WM Supt. OHN T. SHAWCROFT, Waste Water Supt. ENNIS J. SUMMERS, Parke Supt, HARI S. STILES, P 32 Adm. ENNETH W. BOWERS, Fire Chief I. L. "BILL^ GORDON. PoUae Chief 1AYNE a. CROOKSTON, JR., Attorney HUB OFTRI4SURE VALLEY A Good Ph= t0 Live SWUNCIL MEMBVN RONAW R. TOLSMA I�1�r �RIDL� I 1 Y OF 1 MAX YERRINGTON ROBERT Q CORRIE WAIT W. MORgpyy TW.MORROW 33 EAST IDAHO P 8 2 COMMrrternu MERIDIAN, IDAHO 83642 J aw JOHNSON. tOtalnnen MOEAUOJANI Phone (2M 888'4433 a FAX M 8874813 Public W orks/Bu�� (JW 887-2211 EARER CHARLIE ROUNTTREE TIM HEPPEp GRAM P. JM NGSPORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WrM THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered b the Planning & Zoning Commission, please submit your comments an y Meridian d recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: 95 TRANSMITTAL DATE: 9/18/95 REQUEST: Conditional Itco BY HEARING DATE: 111111,111110/95_ LOCATION OF PROPERTY OR PROJECT:_Lot hof Centralya Iley Corporate Park JIM JOHNSON, P/Z MOE ALIDJANI, P/Z —JIM SHEARER, P2 —CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C _-BOB CORRIE, C/C WALT MORROW, C/C _MAX YERRINGTON, C/C. _WATER DEPARTMENT SEWER DEPARTMENT _.BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER —MERIDIAN SCHOOL DISTRICT _MERIDIAN POST OFFICE(PREUM & FINAL PLAT) —___ADA COUNTY HIGHWAY DISTRICT DA PLANNING ASSOCIATION ---__CENTRAL DISTRICT HEALTH _NANDA MERIDIAN IRRIGATION DISTRICT _SETTLERS IRRIGATION DISTRICT DAHO POWER CO.(PREUM & FINAL PLAT) _U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) ITY FILES YOUR CONCISE �Ue_Z_2 1995 �'1 14 Of MtMII IA1