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Home My WebLink AboutValeri Subdivision No. 1 (Smiths Food & Drug Store)., °SOG7, 01 j - ~ .:-,..~ ....~ -~~~~~~'Cd~!~~uxc a r.. r ~:~~. n..:itJ SCiS~ .J FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS & ~~~~N~i~ ~~ 2 FOR VALERI PLACE SUBDIVISION NO. 1 F_t ~~- - _ THIS FIRST AMF~vDMENT TO DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS FOR V ALERI PLACE SUBDIVISION NO. 1 ("First Amendment") is made as of this ~~'day of October, 1995. RECITALS: A. Kastle Falls Subdivision Partnership, an Idaho limited partnership, as Declarant, created and established the Declaration of Covenants, Conditions & Restrictions for Valeri Place Subdivision No. 1 dated August 20, 1993, and recorded August 23, 1993, as Instrument No. 9368787, records of Ada County, Idaho (the "Declaration") covering the property described as: The Plat of Valeri Place No. 1, recorded as Instrument No. 9358712 in Book 63 of Plats at pages 6307 through 6308, records of Ada County, Idaho B. James Huarte has succeeded to all rights of the Declarant under the Declaration by virtue of that Deed in Lieu of Foreclosure dated July 24, 1995, and recorded July 31, 1995, as Instrument No. 95052336, records of Ada County, Idaho. C. The undersigned, being the owners of two-thirds (2/3) of the Lots covered by the Declaration, now desire to amend the Declaration as hereinafter set forth. D. All capitalized terms used in this First Amendment and not specifically defined herein shall have the meanings as defined in the Declaration. FIRST AMENDMENT TO DECL.~RATION OF COVENANTS, CONDITIONS & RESTRICTIOivS FOR VALERI PLACE SUBDIVISION NO. (- Page 1 IviMBcC 3997.02 10/ 16/95 A(1REE1yIENT NOW, THEREFORE, for valuable consideration, the undersigned hereby agree to amend the Declaration as follows: 1. Section 1.15 of the Declaration, is hereby amended by deleting the last sentence thereof and substituting the following sentence therefor: "For marketing purposes, the Property may be referred to as "Linder Falls"". 2. Section 2.2 (Improvements Location [Setback]) is hereby deleted in its entirety and the following is substituted therefor: 2.2 Improvements Location (Setbacksl. 2.2.1 Except as set fonh in Section 2.2.2 below, no building will be located on any I..ot nearer than 20 feet to the front Lot line or nearer than 15 feet to the rear Lot line. Single story homes shall be at least 5 feet from each side Lot line and two story homes shall be at least 10 feet from each side Lot line. 2.2.2 Notwithstanding anything to the contrary in paragraph 2.2.1 above, no building on the following designated Lots shall be nearer to the front, rear or side Lot lines than the distance for each such Lot set forth below: 2.2.2.1 Distance from the front Lot lines: Lot 8, Block 2 and Lot 11, Block 2 -- 39 feet; Lot 10, Block 2 and Lot 12, Block 2 -- 30 feet; and Lot 2, Block 3 -- 25 feet. 2.2.2.2 Distance to rear Lot line: Lot 6, Block 2 and Lot 25, Block 2 -- 25 feet. 2.2.2.3 Distance to left side Lot line for both single story and two story houses: Lot 2, Block 2 -- 15 feet; Lot 5, Block 2 and Lot 15, Block 2 -- 20 feet; and Lot 2, Block 3 and Lot 1, Block 4 -- 5 feet. FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS 8c RESTRICTIONS FOR VALERI PLACE SUBDIVISION NO. t - Page 2 MM&C 3997.02 10/ 16/95 ~~ 2.2.2.4 Distance to right side Lot line for both single story and two story houses: Lot 2, Block 2 and Lot 5, Block 2 -- 5 feet; Lot 4, Block 2 and Lot 1, Black 4 -- 20 feet; and Lot 2, Block 3 -- 5 feet. 2.2.3 ves, steps and gutters shall not be considered as part of t e building for the purpose of this section; provided, however, thi shall. not be construed to permit any eaves, steps or gutters or an portion of any building on any Lot to encroach upon any oth r Lot. Open patios shall not be considered as part of the building, but any open patio which would extend beyond the building line as herein established shall, prior to construction, require the approval of the Architectural Control Committee. All improvements constructed on any Lot shall conform with the foregoing setback restrictions unless specifically waived in writing by the Architectural Control Committee who shall, in all events, not grant a variance except as may be in conformance with the applicable ordinances of the City of Nleridian unless a variance is granted by the City of Nleridian through appropriate and approved procedures. 3. Section 2.7 (Size Limitations and Garages) is hereby amended by deleting the words and numbers "2,200 square feet for a two story or tri-level house" and substituting therefore "2,000 square feet for a two story or tri-level house". 4. Section 2.17 (Landscaping) is hereby deleted and the following is substituted therefore: 2.17 Landscaping. All owners shall prepare and submit a landscape plan to the Architectural Control Committee. Prior to occupancy of the dwelling constructed thereon, each Lot shall be improved in accordance with the landscape plan approved by the Architectural Control Committee; provided, however, such landscaping may be deferred for a reasonable period of time at the discretion of the Architectural Control Committee due to weather conditions during the months of November, December, January, February or March, but shall be completed no later than first April 30 following the date of occupancy. Landscaping in the front yard and the street side yards shall include no less than three ornamental FIRST AMENDMENT TO DECL.4R.4T[ON OF COVENANTS, CONDITIONS 3c RESTRICTIONS FOR VALERI PLACE SUBD[VISION NO. l - Page 3 MM~4cC 3997.02 !0/l6/95 trees of a size and type as may be approved by the Architectural Control Committee. All front yard areas, side yard areas facing streets and areas abutting common areas shall be landscaped, sodded and maintained in a professional manner. All landscaped and sodded areas shall be watered by a pressurized sprinkler system. 5. Section 2.30 (Antennae) is hereby deleted and the following is hereby substituted therefore: "2.30 ntennae. Radio and television antennas on the exterior of the building or roof are prohibited. However, satellite dishes for television will be considered and are subject to Architectural Control Committee written approval as to size and location. " 6. Section 6.5 (Special Initial Assessment) is hereby deleted in its entirety. 7. Section 6.8 (Effect of Nonpayment of Assessments; Remedies of the Association) is hereby amended by deleting the words and numbers "twelve percent (12 %)" and substituting "twenty-four percent (24 %)" therefor. 8. In all other respects, the Declaration shall remain unchanged and in full force and effect. 9. This First Amendment may be signed in counterpart and all counterparts together shall constitute a fully executed original. Signature pages from executed counterparts of this First Amendment may be removed and reattached to a single document to create a fully executed original of this First Amendment for all purposes including recording in the real estate records of Ada County, Idaho. 10. The initial members of the Architectural Control Committee, as set forth in Section 3.1 of the Declaration, -'are unable to act or desire not to act as members of the FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS 3c RESTRICTIONS FOR VALERI PLACE SUBDIVISION NO. l - Page ~ MM3cC 3997.02 l0/ l6/95 Committee and have pursuant to Section 3.1, appointed James Huarte, Georgia Maekley, and Mary Lou Bauer as the members of the Committee. Section 3.1 of the Declaration is hereby amended to designate James Huarte, Georgia Mackley and Mary Lou Bauer as the cnembers of the Committee to serve in the capacity of the initial architectural Control Committee. EYECUTED effective the day and year first above written. ~'~`~ Owner of Lot(s): 2, ~i, 5, 6, 8, 10, 11, t: James Huarte 12, 15, 17, 18, 19, 20, 24, and 25 in Block 2; Lot 2 in Block 3; and Lot 1 in Block ~ Print: Print: Print: Owner of Lot(s): Owner of Lot(s): Owner of Lot(s): Owner of Lot(s): a By: Its: a By: Its: (i:\rwm\3997.02\amenda\mnrndccr.~) Owner of Lot(s): FIRST AMENDN[ENT TO DECLARATION OF COVENANTS, CONDITIONS 3c RESTRICTIONS FOR VALER[ PLACE SUBDIVISION `'O. t - Page 5 MMBcC 3997.02 l0/l6/95 STATE OF IDAHO ) )ss. COUNTY OF ADA ) On this ~*~ day of 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared James Huarte, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. day an~'}in thigg comic O: ~O~AxY t ~ ~~ G * ~ ~ PuBtit .: o •. • ~ STATE OF COUNTY OF ~F, I have hereunto set my hand and affixed my official seal the first above written. NOTARY P C for Idah_ o Residing at 11~Iy commission expires: ~~ p )ss. On this day of 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared ,known or identified to me to be .the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC for Idaho Residing at My commission expires: FIRST AMENDMENT TO DECLARATION OF COVENA'VTS, CONDITIONS 3c RESTRICTIONS FOR VALERI PLACE SUBDIVISION NO, l - Page 6 MM3cC 3997.02 l0/ l6/95 ,` Committee and have pursuant to Section 3.1, appointed James Huarte, Georgia Nlackley, and Niary Lou Bauer as the members of the Committee. Section 3.1 of the Declaration is hereby amended to designate James Huarte, Georgia Mackley and lYiary Lou Bauer as the members of the Committee to serve in the capacity of the initial Architectural Control Committee. EXECUTED effective the day and year first above written. Owner of Lot(s): 2, d, 5, 6, 8, 10, 11, Print: James Huarte 12, 15, 17, 18, 19, 20, 21, 24, and 25 in Block 2; Lot 2 in Block 3; and Lot 1 in . ~~ CIrNS'l~tx.'rICN ~' Block 4 . C~L~ • Owner of Lot(s): » ~ ~ Pnnt: Lout FII~II,X Owner of Lot(s): Print: Owner of Lot(s): Print: Owner of Lot(s): a By: Its: Owner of Lot(s): a By: Its: (i: \rwm13997.02\mnendslmnendcc r.4) FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS 3e RESTRICTIO\S FOR VALERI PLACE SUBDIVISION NO. t - Page 5 MI\Q~4cC 3997.02 l0/ l6/95 STATE OF IDAHO) :ss. County of Ada ) On this ~~day of October, 1995, before ma, the undersigned, aNotary Public in and for said State, personally appeared LORI FEND, lmown or identified to me to be the Secretary/Treasurer ofFEIVIX CONSTRUCTION INC. who executed the inshtIInent on behalf of said corporation, and aclarowledged to me that such corporation executed the Game. IN WTIN'ESS N~~REOF, I have hereunto set my hand and seal the day and year in this certif;~~ above written. ~• ? ~~~° T AR Y °% 't . NOTARY P C FOR IDAHO o : ~'~ : ~ v S ~•~ Residing at Meridian, ID t G My Commission Expires: 6/22/2000 :* PpB~'~' :° ~ Committee and have pursuant to Section 3.1, appointed James Huarte, Georgia Mackley, and Mary Lou Bauer as the members of the Committee. Section 3.1 of the Declaration is hereby amended to designate James Huarte, Georgia IVlackley and 1Viary Lou Bauer as the members of the Committee to serve in the capacity of the initial Architectural Control Committee. EXECUTED effective the day and year first above written. Owner of Lot(s): 2, ~, 5, 6, 8, 10, 11, Print: James Huarte 12, 15, 17, 18, 19, 20, 21, 24, and 25 in Block 2; Lot 2 in Block 3; and Lot 1 in ILD /1 Block =1 B ~ Owner of Lot(s): Print: ~/~'f/,D A . ~-~ „n~P~ ES Owner of Lot(s): Print: Owner of Lot(s): Print: Owner of Lot(s): a By: Its: ' Owner of Lot(s): a By: Its: (i:lrwm13997.02\mnrndslamcnJccr.4) FIRST AMENDMENT TO DECLARATION OF COVENANTS. CONDITIONS 3c RESTR[CTIONS FOR VALERI PLACE SUBD[VIS[ON NO. I - Paga 5 MM3cC 3997.02 10/I6/95 C/~LIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. s9oT State of California County Of Orange On October 30, 1995 before me Ruth Cole, Notary Public DATE ~ NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' ~ personally appeared DAVID A. AUMPHRIES NAME(S) OF SIGNER(S) ~ ^ personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isle subscribed to the within instrument and ac- knowledged to me that hel~xeDexecuted the same in his~le~j~ authorized capacity(ies), and that by his~]i:Jnt~~cx ~ .•~; :: ~~. RUTH COLE signature(s) on the instrument the person(s), ~ ;~ ~: ,coMM.aloolass y or the entity upon behalf of which the ~ .. ~ ~ .. No ary Pu51ic California ~ <c ~ ~'} ~' ~~~ ORANGc" COUNTY N person(s) acted, executed t he Instrument. ~.,,,,..:~ My Commission Exp. 10/17/97 tt~• WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ^ INDIVIDUAL ^ CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE(S) ^ PARTNER(S) ^ LIMITED ^ GENERAL ^ ATTORNEY-IN-FACT ^ TRUSTEE(S) ^ GUARDIAN/CONSERVATOR ^ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ®1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-71(34 r { . Committee and have pursuant to Section 3.1, appointed James Huarte, Georgia Mackley, and Mary Lou Bauer as the members of the Committee. Section 3.1 of the Declaration is hereby amended to designate James Huarte, Georgia biackley and Ivtary Lois Bauer as the members of the Committee to serve in the capacity of the initial Architectural Control Committee. EXECUTED effective the day and year first above written. Print: James Huarte Print: Print: a By: Its: S,~e ue.~1 G ~. LAN a By: Its: (i: \nvm\3997.02\xmenJx\mnendcc r.4) Owner of Lot(s): 2, =1, 5, 6, 8, 10, 11, 12, 15, 17, 18, 19, 20, 21, 2a, and 25 in Block 2; Lot 2 in Block 3; and Lot 1 in Block 4 Owner of Lot(s): ~,, , 3 ai.t ~ Owner of Lot(s): Owner of Lot(s): Owner of Lot(s): Owner of Lot(s): FIRST AMENDNIENT TO DECLARATION OF COVENANTS, CONDITIONS 8c RESTRICTIONS FOR VALERI PLACE SUBDIVISION NO. ! - Pagr ~ MMBcC 3997.02 l0/l6/95 rt STATE OF IDAHO ) )ss. COUNTY OF ) On this day of 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared James Httarte, known or identified to me to be the person whose name is subscribed to the within instnuent, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC for Idaho Residing at IViy commission expires: STATE OF ~da~.o ) )ss. COUNTY OF (~ ~ ~ ) On this ~ day of Q~~a ~e.r 1995, befo a the undersigned, a Notary Public in and for said State, personally appeared, ~C~r s~; ~-A Cwt i` ~ , known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed Iny official seal the day and X~n!•t~i'~~+5•e~rtificate first above written. . ~ ~.f Np • ~9~'.~ f rq ~ ~ ' NOTARY P LIC for Idaho ~~,'•,~ ~L1~ ~•.• ~ Residing at ,~ A ]Viy commission expires: a 'n•~,fD,AH~l~~,~•' FIRST AMEND(v(ENT TO DECLARATION OF COVENANTS, CONDITIONS 3c RESTRICTIONS FOR VALERI PLACE SUBDIVISION NO. 1 - Page 6 IV1iV(3cC 3997.02 10/ 1 G/95 r~ , Committee and have pursuant to Section 3.1, appointed James Huarte, Georgia Mackley, and Mary Lou Barer as the members of the Committee. Section 3.1 of the Declaration is hereby amended to designate James Huarte, Georgia iVlackley and 1~Iary Lou Bauer as the members of the Committee to serve in the capacity of the initial Architectural Control Committee. EXECUTED effective the day and year first above written. Print: James Huarte Print: %ah ti a~~g Ic.e~~s~r~ By: Its: a By: Its: (i:lrwm13997.02\umenda4une~ulce r.3) Owner of Lot(s): 2, ~1, 5, 6, 8, 10, 11, 12. 15, 17, 18, 19, 20, 21, 2~t, and 25 in Block 2; Lot 2 in Block 3; and Lot 1 in Block 4 Owner of Lot(s): ~ 3 ~1'oc.~. Z Owner of Lot(s): .~~ ~~~.,G ,~i Owner of Lot(s): ;~'~ (~ ~ J~ ,~ Owner of Lot(s): ~--3 ~~ Z Owner of Lot(s): FIRST ANIENDb(ENT TO DECLARATION OF COVENANTS, CONDITIONS 3 RESTRICTIONS FOR VALERI PL.~1CE SUBDIVTSION NO. ! - i~1 MScC .1997.02 10/ I G/~)5 Pnga 5 ~' STATE OF ~~p ~ COUNTY OF ~~ jss. On this day of _, 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared .rA.h1 '$ ~Rn en s to lne to be the person whose name is subscribed to the witfiiknst ~mentkn~wn or identified to me that he/she executed the same. ~ d acknowledged day ar~T*ye~fir ~~~ cet{~~ 2 ~_ ~~ :•C t/~ ; Ail ~~ •9~,•. o• s` • • •i• ••••••••••O •~~ •'•~ GF ID A~•..•'• STATE OF ~p ) COUNTY OF _p~p jss. ~F, I have Hereunto set lay Band and affixed lay official seal the first above written. NOTARY P LIC for Idaho Residing at ~/~ ~, ~ ~Q My commission explres: _~~_~fZ.OV~ On this ~ day of c y- 1995, before me, the undersigned, a Notary Public in and for said State, personally appearedF'e~~~ ~ 1~ven~, known or identified to me to be the person whose name is subscribed to the within instalment, and acknowledged to me that he/she executed the same. . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the da and ear i "'""' Y Y ~$~~~il'i~e first above written. * ; •NOp ~~ . s -C `~ • .o ~ NOTARY PUB C for Idaho ,9 Z. BLtC .~ >- .~ ~. ~ ~. Residing at T~'~~~,~/~ -.- ~ •''•.~A ID AKC ••'•• MY commisslon expires: ~~~~ FIRST AINENDMENT TO DECLARATION OF COVENANTS. COND[TTONS .4c RESTR[CTTONS FOR VALERI PLACE SUBDIVISION NO. 1 - Page 7 MN(8cC 3997.02 l0/ l 6/95 , Committee and have pursuant to Section 3.1, appointed James Huarte, Georgia Markley, and Mary Lou Bauer as the members of the Committee. Section 3.1 of the Declaration is hereby amended to designate James Huarte, Georgia )Vlackley and Mary Lou Bauer as the members of the Committee to serve in the capacity of the initial Architectural Control Committee. EYECUTED effective the day and year first above written. Owner of Lot(s): 2, ~, S, 6, 8, 10, 11, Print: James Huarte 12, 15, 17, 18, 19, 20, 21, 24, and 25 in Block 2; Lot 2 in Block 3; and Lot 1 in • Block =~ r"y~~'~" ~ ~cr~L„~UL+~" Owner of Lot(s): L, Pnn W r LL ~ ~1,,w `' ~ /~ ~ ~ ~ ~.~~- s ~~~~ Owner of Lot(s): f " P 'nt: Owner of Lot(s): Print: Owner of Lot(s): a By: Its: Owner of Lot(s): a By: Its: (i:lnvm13997.021;unenJxl:unondec r.4) FIRST AlvIE1VDMENT TO DECLARATION OF COVENANTS, CONDITIONS 3c RESTRICTIONS FOR VALERI PLACE SUBDIVISION NO. I . pn~t j MM3cC 3997.02 l0/ 16/95 t •+ STATE OF I~ h~ ) COUNTY OF -~ jss. On this ~~ day of Oe,r~,o_ b ~~~ 1995, before me the un ersigned, a Nota Public in and For said State, personally appeared ~' ~j' a ~'' 2• ~e.nnc,~ rY to me to be the person whose name is subscribed to the within instnun t,~and aclcno vi~t~~ed to me that he/she executed the same. edged ~''ti'~;;:~Y~~~~,EREOF, I have hereunto set my hand and affixed my official seal the day a' o ~ A~i~'~~rtiFtcate first above writtela. W; O .* C~~ `• G "i * •i P V B~ti •~ '~' J •~••, s •••••••••'•~0~.•`•• NOTARY PUB C for Idaho E ~, ~. • Residing at My commission expires: G ~~? f ;~tlv STATE OF ) COLTNTy OF )ss. On this _ day of 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared to Ine to be the person whose name is subscribed to the within instniment~and acknowledged to Ine that he/she exec~lted the same. IN WITNESS WHEREOF, I have hereunto set Iny hand and affixed Iny official seal the day and year in this certificate first above written. NOTARY PUBLIC for Idaho Residing at IViy commission expires: F[RST AMENDMENT TO DECLARATION OF COVENANTS. CONDITTONS 3c RESTR[CTTONS FOR VALERI PLACE SUBDfVISION NO. 1 - Page 7 MNI&C 3997.02 10/ 16/95 ~: ~~~~~ ~- ~~U~L~E~ Attorneys and Counselors at Law Michael T. Spink 607 North 8th Street, Suite 310 38g-1092 P. O. Bos 639 Boise, Idaho 83701 JoAnn C. Butler (208)388-1000 3gg.1093 Facsimile (208) 388.1001 March 19, 1996 vla FACSIMILE Steven R. Weeks Givens Pursley & Huntley 277 N. 6th Street, Suite 200 Boise, Idaho 83702 Re: Smith's Food & Drug CenterNaleri Place Subdivision Dear Steve: Thank you for your letter of March 15, 1996 in connection with the application of Smith's Food & Drug Center (Smith's) to the City ofh Asociat on) h'ave~proposedtto s which the Valeri Place Homeowner s AssoclOSlolont to the Smith's development on Cherry alleviate the Association's concerns and opp Lane and Linder. Smith's can generally agree with the Association's proposal clarified as follows: First, in connection with the development of the aPppor e~mas~yt '6 wa~lCea soJoneast to, and east of the existing Valeri Place Subdivision (the p y I to Meridian practicable, and following Meridian approval of Smith's development, app y for permission to develop the Property. Smith's will w licat onthe Association to take every opportunity to review and reasonably approve that app If such permission is granted, Smith's will develop the Property to include, without limitation, the following design elements as outlined in your letter: I`~. Single-family residential lots of no less than approximately 80 feet by 100 ~ feet, all in compliance with the requirements of the Covenants, Conditions 1 5 fo, a~oo T,-(; and Restrictions for Valeri Place Subdivision No. 1 (CC&Rs). The ~ preliminary design depicted on sketches shown to the Association at the March 13, 1996 meeting include the contemplated cul-de-sac. v March 19, 1996 Page 2 Please note, however, that Smith's does not have the authority to annex the Property into the Association. Thus, if the Association desires the Property to be governed by the CC&Rs, it will be incumbent upon the Association to take such necessary actions to annex the Property. Expansion of the existing park presently located on Lot 7, Block 3, Valeri Place Subdivision, as depicted on sketches shown to the Association at the March 13, 1996 meeting. Of course, there would be review and final approval by the Association. Cul-de-sac along the eastern boundary of Emerald Falls Street, sometimes referred to as N. Kastle Falls Avenue, using a portion of Lot 1, Block 4 of Valeri Place Subdivision, which cul-de-sac is designed to prevent flow- through traffic (except emergency vehicles); provided, however, Smith's can obtain control of such Lot (Smith's will use all good faith efforts. in its endeavors to do so). The parties can work together to design this cul-de-sac. Break-away emergency access gates or bollards, as approved by Meridian City Fire Department would be installed. The existing wall adjacent to Cherry Lane would be extended to the contemplated eastern boundary of Valeri Place Subdivision (that is, where the Property adjoins the Smith's site). This extension shall be designed to be identical to the existing wall, using the same materials, color, texture, and contour of the existing wall. Another wall will be constructed along the east boundary between the Smith's site and the Property. These walls shall be constructed from the same materials and shall be the same color as the existing entrance wall referenced above, and shall not be less than 6 feet to 8 feet tall at finish grade. These walls need not match the contour (or weaves) of the existing wall running adjacent to Cherry Lane. Construction of these walls to begin prior to, or simultaneous with, construction of Smith's, and to proceed with the same diligence as the construction of Smith's. Further, at the option of the owner of Lot 29, Block 2 of Valeri Place Subdivision, this wall can be extended to include the east side of such Lot, provided construction occurs concurrently. Please note that Meridian will not allow a wall over 8 feet in this zone. Also, the existing wall along Cherry Lane is 6 feet at the front of the wall (6 Ys feet to the top of the pillars), and 7 feet at the back of the wall (7 Yz feet to the top of the pillars). Thus, 6 to 8 feet will maintain the compatibility of the wall. Smith's is hopeful the Association will work with Smith's and the w March 19, 1996 Page 3 landscape and architectural professionals to determine the final height of the wall. Yet another wall can be constructed along the north boundary of the Smith's site easterly to Linder Road, and the construction materials and design can be similar to the other walls. However, acceptance of such a wall and the details of construction will have be approved by the adjacent residents in Glennfield Manor No. 7. If permission is received from Meridian, construction of improvements shall begin as soon as practicable. Smith's shall use all good faith efforts to begin construction within six months of the receipt of such permission. Development of the Property is to be at no cost to the Association, provided the Association shall pay any professional or other costs and fees incurred directly by the Association. The Association shall use all good faith efforts to timely review and comment on the application, and shall do everything reasonably necessary to support the application before Meridian. Next, in connection with the construction on the Smith's site, Smith's agrees with the items you numbered 6 and 8 in your letter, which I have listed here for convenience. 6. Smith's to use only parabolic or "down cast" lighting in its parking lot. No lights to exceed thirty feet (30') in height. 8. Relocation of the well currently serving the Subdivision shall be paid for by Smith's and approved by the Association as to both the location and construction. Preferable location would be in the unused portion on Lot 1, Block 4 upon completion of the cul-de-sac. In connection with the items numbered 5 and 7 in your letter, Smith's can agree with some clarification. Our understanding is that it may not be possible to obtain 25-feet trees even at a fl- inch caliper. Further, placing trees of this caliper as close as 15 feet is probably unhealthy placement of the trees. Thus, Smith's can agree to landscape the property directly adjacent to, and east of the wall running along the contemplated eastern boundary of Valeri Place Subdivision from Cherry Lane to N. Kastle Falls Avenue with landscaping to include, without limitation, trees to be not less than 3-inch caliper. Of course, Smith's will welcome working with the Association and landscape experts to help ensure the landscaping continues over the years to be healthy and vigorous. i~ ~ ~'~ '" MAR-19-1996 16 56 FROM GIVENS PURSLEY ~':~ ~1,4R. -19' 96 (TUE ~ 14:54 SP I N1i & BUTLER March t 9, 19Jb Page 4 TO TEL: 12083881001 98841306 P.05'~~ i P~ 005 In connection with the unloading of perishables, we understand the canCem of the Association is the sound of generators on trucks carrying these perishables. Please note the majority of perishables will be unloaded on the east side of the Smith's building; there may be the occasional urtioading on the west side of the building. However, none of these trucks wilt run their generators, anti no deliveries will be made to Smith`s, nor will there be cleaning of Smith`s parking lot prior to 7:U0 a.m. or after t~:fl4 p.m. again, development of the Smith's Site is to be at no cost to the Assoeiation, prc;vided the Association shall pay any professional or other costs and fees directly incurred by the Association. The Association shall use ail good faith efforts to timely review and comrnent on the application, and shall do everything reasonably necessary to support the application before Meridian. Steve, once you have had the opportunity to review this letter, please give me a call to discuss. Singly, .~.~A~~tr ~~ JoAnn C. Butler )CBaaa cc: tvia facsimile) David Nielson Mike Wardle pick Mollerup Georgia Mackley MERIDIAN CITY COUNCIL MEETING: APRIL 2.7996 APPLICANT: SMITHS FOOR 8~ DRUG CENTER ITEM NUMBER; 9 REQUEST; REQUEST FOR A REZONE TO C-N ~. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~, ~x BEFORE THE MERIDIAN CITY COUNCIL SMITH'S FOOD & DRUG CENTER INC. REZONE APPLICATION SOUTHEAST DARTER OF SECTION 2, T 3N R 1W B.M MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing March 19 at the hour of 7:30 o'clock p.m., the Petitioner appearing through its representative, Mike Wardle, the City Council 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 Rezone Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 19, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 19, 1996 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property is located within the City of Meridian and the owners of record are James Huarte, of Shingle Springs, California, Dorothy L. Manning, Boise, Idaho, and Richard A. Baer, Meridian, Idaho, which property is described in the application which description is incorporated herein; that the owners have FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. page 1 t consented to this application; that the property is presently zoned R-4, Low Density Residential and L-O, Limited Office; that the Applicant requests a rezone of the 8.34 acres to C-N, Neighborhood Business, to allow construction of a Smith's Food and Drug Center. 3. The present land use is currently two dwellings at the corner, one owner occupied and the other a rental; that the balance of the property is vacant and formerly proposed to be an extension of Valeri Place Subdivision. 4. That the surrounding property consists of residential to the North; bare ground to the West and further west and abutting the bare ground is Valeri Place No. 1 Subdivision; to the South, across Cherry Lane, there are three developed parcels, including Domino's Pizza, a car wash and a Maverik Convenience Store; to the East, across Linder Road, is vacant land and three single family homes fronting Cherry Lane; and to the Southeast is undeveloped land with C-N and R-8 zoning. 5. That the Applicant proposes to construct a 60,000 square foot front-loading food and drug store on a 7.24 acre parcel. 6. That the Applicant stated in the application that it proposes to buffer the North; that a row of single family lots on an extension of Kastle Falls Way would buffer the existing homes in Glennfield Manor Subdivision; that a 25 foot setback at the rear of the store facing the new residences. will be intensely landscaped with only wall mounted, down-cast security lighting; that there will be no service access at the rear of the store; that to the FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 2 West, there are two (2) options possible; that a cul-de-sac be developed in the subdivision preliminary plat or provide the 2.69 acre parcel for a public city park; that the frontage of both Cherry Lane and Linder Road will ~be bermed and extensively landscaped; that on a plat drawing submitted with the rezone application the applicant showed the approximate 2.69 acres that Applicant's representative mentioned as being a park area and on the plat drawing it states "For Future Residential or Recreational Use". 7. That a traffic study has been conducted by Bell-Walker Engineers and submitted with this application, as well as to the Ada County Highway District for their review; that the traffic study is incorporated herein as if set forth in full. 8. That the C-N District is described in the Zoning Ordinance, 11-2-408 B. 2 as follows: (C-N) Community Business District• The purpose of the (C-N) District is to permit the establishment of small scale convenience business uses which are intended to meet the daily needs of the residents of an immediate neighborhood (as defined by the policies of the Meridian Comprehensive Plan); to encourage clustering and strategic siting of such businesses to provide service to the neighborhood and avoid intrusion of such uses into the adjoining residential districts. All such districts shall give direct access to transportation arterials or collectors, be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute all or any part of a strip development concept. 9. That in the Meridian Comprehensive Plan neighborhoods are defined in the Plan at Page 6 as follows: "Definition: The neighborhood is a residential area with uniform characteristics of a size comparable to that usually FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 3 served by an elementary school, or a small business convenience center or a local park. Although neighborhoods occur in various shapes and sizes, a section of the City measuring one- half to one and one-half miles across is usually used for planning purposes. It has facilities within easy walking distances and provides the basis for community identification." 10. That Ordinance 11-2-410 ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS, A, for the C-N District, requires that there be a ten (10) foot side yard setback. 11. Mike Wardle, the Applicant's representative, testified before the Meridian Planning and Zoning Commission that the parcel in question lies north of Cherry Lane, West of Linder Road, and is approximately 7.25 acres in size; that the proposed change is from the existing R-4, single family residential and L-O, limited office zones, to a C-N, Neighborhood Business District; that Smith's has met with the residents in an October 1995 meeting and a November 9, 1995 meeting, expressly to deal with the concerns of the residents affected by this rezone; that originally the store was to be built to the north with just a buffer between the store and the existing Glennfield Manor; that the Applicant has since changed its proposal and moved the store southerly and proposed an extension of the public street, to develop an additional six (6) lots that would provide the buffer between the store and the existing residents to the north; that the buffer at the back of the store then would be a 25 foot landscaped area, again with no service activity at the back; that the building height of 26 feet with a berm going up the back and landscaping both in sod, ground treatment, and a lot of FINDINGS OF FACT AND CONCLUSIONS OF LAW SMiTH'S FOOD & DRUG CENTER, INC. Page 4 4 vertical growing bushes would provide a buffer. That for the residents affected in the Linder Falls Subdivision area, two (2) options were proposed; one being a cul- de-sac, which is close to what was originally proposed in the preliminary plat, and the second being a 2.7 acre park; the first option being two (2) additional rows of houses, and the second option would be the possible dedication to Meridian of that space as a park; that Smith's will work with the residents to resolve concerns regarding screening, landscaping and control of lighting and signage. Mr. Wardle also submitted written comment pertaining to the Meridian Comprehensive Plan which is incorporated herein as if set forth in full. Additionally, a STATEMENT OF SUPPORT, signed by 16 people was submitted the night of the hearing is incorporated herein as if set forth in full. Mr. Wardle submitted additional comments after the public had given testimony; he stated that Smith's will work with Meridian and residents to resolve concerns, to mitigate problems, to provide appropriate screening, landscaping and to control lighting and signage; that the commission must deal with the factual issues and not the emotional issues; and that the Meridian Comprehensive plan is silent with respect to where these types of facilities should be located. That before the Meridian City Council he testified what the development would be, as he did before the Commission, but he also FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. page 5 stated that they had subsequent meetings with the neighbors, the proposal that I believe has been validated and will be presented to you in a few moments actually; his testimony before the City Council is incorporated herein as if set forth in full. 12. Gary Funkhouse, transportation engineer with Bell-Walker Engineers, testified before the Commission as follows regarding the traffic impact analysis prepared for this proposed development; that the estimated trip generation for this site will be 6600 trips per day; that three (3) types of trips make up this analysis: 1. Primary trip--a trip from a residence that is heading directly for this site. 2. Diverted link trip--a trip where by you are travelling down another roadway and you divert over to this site and then head back to your next destination you were headed. 3. Pass by trips--a trip where you are currently on the existing roadway and you turn into the site and turn out and continue on your trip you were already on. That new trips to the site are primary trips and diverted link trips, that being trips where the initial goal was not grocery shopping; that 'pass by' trips are estimated for this type of development, or that are already on the system on Linder and Cherry Lane; pass by trips are estimated for this type of development at approximately 50$ of the 6600, or approximately 3300; that less than 2.2$, or 120 trips, of the trips are generated during the time frame. of 7:00 to 8:00 a.m. when children are going to school and about 6.5$ of the trips are heading for this site when children are going to and from their dismissal time of 3:00 p.m.; that "diverted trips" were not calculated; that the roadways that are serving the site are both arterial roadways, minor arterials; that one is five FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 6 (5) lane and the other three (3) lane and that this intersection of Cherry Lane and Linder Road is a level of service "C" which is desirable by the Ada County Highway District and which will remain a level "C" when this project is completed; that the change in average delay by the addition of this site is one (1) extra second per vehicle, on an average; that the normal zone that you analyze is two to three miles from this site as the normal drawing area for this type of store. He also testified before the City Council and his testimony before the City Council is incorporated herein as if set forth in full. 13. Joann Butler, Boise attorney, representing Smith's, testified that the rezone will implement what the Comprehensive Plan desires and she presented a set of FINDINGS FOR APPROVAL for the Commission, which are incorporated as if set forth in herein she also testified before the City Council and her testimony is incorporated herein as if set forth in full. 14. There were several property owners in the immediate area who testified regarding the application; their testimony is summarized as follows a. Paula Devaney testified that she is in favor this proposal; that two (2) things this City needs are additional neighborhood services and additional parks and .recreation; the more residential, the more houses which equates to more burden on schools and well as increase the traffic; that here is an opportunity for the City to set a precedence to start doing some partnering with developers and getting wheat the City wants as well as what the City needs. FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. page ~ b. That Pam Bennett testified she and 160 signatures of people in the area opgose Smith's moving into this location; that they are opposed to the rezoning and there is no need for another grocery store within a three (3) mile radius; that the subdivision of Linder Falls, formerly known as Kastle Falls, has strict CC&R's which speak to nuisances and offensive activities and no commercial activity, in addition to no exterior or interior lighting being placed to cause glare, excessive light spillage onto neighboring lots; that she and the resident's concerned with this proposal are an organized and serious taxpaying group of homeowners prepared to fight Smith's rezoning proposal. c. Bonnie Bradshaw testified that being just new to the area and not familiar with the comprehensive plan, wishes a different location be found by Smith's but is not opposed to Smith's coming to the area. d. That Shelly Monks testified that she has collected within her block alone, 14 names of homeowners in support of Smith's; that this is a growing community and like it or not it is happening. e. Dee Ray Olsen testified that she is excited with the prospect of this application and the choice of location; that it will be convenient and Smith's in the past was a good neighbor. f. Kristen Miller testified. that considering what is good for the children and for their parents should be recognized; that the traffic now is hectic and to add a grocery store in the mix would created a congested traffic mess; that she and her neighbors should not be forced to have Smith's in their neighborhood. g. That Dan Barkini testified that he is not opposed to the food store chain and that he welcomes the competition; that he is opposed to the rezoning of the northwest corner of Linder and Cherry Lane to anything except single family residences; that with the market comes noise, smell, lights and raises the safety issue, making the area a less desirable area to live in. h. Lisa Johnson testified that she is also opposed to this application; that it is too close to the subdivision which has strict restrictive covenants and the risk it has of devaluing her property. i. That Sharon Litzbauer offered testimony stating that she FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. page $ sees by Smith's plans to bring in off of Linder two (2) streets creating a through street; that now safety become an issue as cars use the street as a short cut to the new store; that the deterrent of speed bumps won't hinder the traffic increase through the neighborhood. Commissioner Oslund pointed out that regardless of the corner development, whether residential or commercial, the potential for cut through exists either way. j . Brent Perkins testified that a store in that proximity to a subdivision of that nature is bound to affect the property values; that to put another grocery store in this tight of an area where already the available space for shopping is tripling, is definitely going to impact some of the residents of this community. k. Leslie Peters offered testimony stating her concerns of safety; whether sidewalks would be required on both sides of Linder Road and added that speed bumps is not going to slow traffic down and whether the speed limits would be more monitored. 1. Mary Ann Christman, of the Parkside Creek Subdivision, testified she is in favor of Smith's and the location chosen; that her lot backs up to the new Albertson's location and bought the lot knowing that the food chain was going to be building a new store; that she has shopped at Smith's in their other locations and found Smith's to be very competitive; that she understands the feelings of the neighbors to this proposed location, but that Smith's, in considering the people in the area, are proposing a park, planning berms, lots of landscaping, something she wishes she would have at her location; that being a realtor in the area she has heard a lot of comments about the fact there is not enough grocery stores or amenities in the area; that Smith's will bring convenience and competition to shoppers. m. Brendon Johnson, 1970 Emerald Falls Court, testified that he is opposed to this proposal of taking residential space to build a store on when there is commercial space out there that would serve Smith's just as well; that this is going to hurt the value of his home; that the concept of building one row of houses as a buffer in his opinion, will not solve the problem; that he is opposed in merging commercial that closely with residential and that he did not purchase his home knowing that commercial zoning was going to be his neighbor. FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. page 9 n. That Marvin Bodine testified that Meridian will never get a big park if it gets many more little parks, which ar.e a detriment and don't. do Meridian any good. o. Terri Maupin, 1672 North Kastle Falls Avenue, offered testimony opposing this application, stating that while unpacking moving boxes she received information regarding this application by Smith's; that the maps she viewed at the time she was interested in purchasing the home showed the area as residential, being the next phase of the subdivision; that her realtor got the information from the realtor representing the building stating the same; that she didn't think she paid a reduced price, but received what she thought was a good deal being in Meridian. p. Chris Jacks testified that he applauds Smith's coming to Meridian but does not approve of the location; that the increased traffic and safety of his children is of concern. q. That Randy Nash testified he purchased his home in good faith in an upscale neighborhood with further plans for residential development and not commercial; that this proposed development is going to devalue his home dramatically; that this will downscale the neighborhood and also increase traffic and he opposes this application. r. Wanda Lansbury, 1383 Storey Street, testified that she is in favor of this proposed development; that if it wasn't developed for a market, it could be something worse like a dog kennel, bar or drive-in. s. Georgia Mackly, 1287 North Santa Rosa, testified that she was hired by Mr. Jim Huarte, who inherited this property, to clean up phase 1 of Linder Falls; that the houses were not selling in Linder Falls and nothing affects homeowners value more than houses not selling; that since Smith's announcement, there has been one (1) spec house sold and two (2) options on two (2) more lots; that as a citizen of Meridian, she approves of the Smith's application and also knowing Mr. Heward's good faith effort is and trying to do the best thing with the property on the corner. t. Kelly Maupin, testified, commenting that he will be looking at the parking lot and the lights on the light towers and that there is nothing that can block that. FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 10 u. Elizabeth Goon, 1862 Emerald Falls Drive, testified that she lives right across from the proposed Smith's in lot 26; that she brought in 160 signatures from folks living on all sides of Linder and Cherry Lane; folks who do not want a grocery store that close or the traffic that comes with it. v. Mary Lou Bower testified that she lives in a house which would be three doors away from the proposed Smith's store; that this property should remain residential and that Smith's find some commercially zoned property; that she is not opposed to Smith's except that they want to come in at this location and that it will hurt her property value. That there were people testifying before the City Council and their testimony was as follows: a. Jack Muldoon testified that he was there to ask the Council to stop the onslaught on Cherry Lane; that he was testifying not against Smith's but because he would like to see Smith's some place in Meridian but not on Cherry Lane; that the comprehensive plan would not be worth much unless you can do that; it will protect the residents and the schools, but it is not protecting this neighborhood or the three schools there, which will soon be four schools; Cherry Lane will be a City of Meridian if it is not protect it; the are is residential now and he asked that it be kept residential. b. Larry Wolf testified that he has an interest in a lot that would be in the house; the block fence that was proposed to come up the back side would actually really put a shadow on the house; he stated that he was a partner with the builder; that if he has an opportunity to sell the house it is a deal maker if there is some additional space between the block wall and the house; it is a concern with us and I just wanted to go on record that we do have that concern. c. Sharon Litzbauer testified that desired to submit a document, which she did; it was the agreement that Joann Butler just spoke of between Smith's and the homeowners; that she just wanted to say that she was prepared to speak on behalf of the homeowners in Valeri Place Subdivision No. 1 and at this time they were not there tonight to oppose the Smith's development at the location of Linder and Cherry Lane, instead that they have entered into the agreement with Smith's provided that each party FINDINGS OF FACT AND CONCLUSIONS OF LAH SMITH'S FOOD & DRUG CENTER, INC. Page 11 fulfills it on their behalf; she to put that into the record and make it a part of the facts and findings for your conclusion on this development. d. Georgia Mackley testified that she just wanted to go on record that she is in favor of the Smith's Food Ring at the corner of Linder and Cherry Lane; she lives in the Vineyards Subdivision and drives through the intersection of Linder and Cherry Lane anywhere from 7:30 to 8:30 in the morning; she thinks that this corner and the traffic would accommodate Smith's Food King and she does not see any impact or very much of an impact that Smith's will have in that area. e. Puala Devaney testified that she was very much in favor of Smith's coming to this location; she lives in the Vineyards Subdivision; she thinks it is a good opportunity to bring additional services into -her neighborhood; that the City's comprehensive Plan states that the City will promote the development of high quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhood; that Smith's has presented a plan which fits this criteria; that she would, however, like to address the City's reluctance to accept the area on the west end of the project as a park; it has been noted that the City is not interested in parks which are less than 5 acres there was just recently an article in the Idaho Statesman regarding the Police Activities League and Capital Youth Soccer feuding over the few soccer fields available; this land could be developed into two or three additional soccer fields which we need much more than we need nine more houses; we need soccer and football fields or softball fields that residents can walk to; it would form an identifiable neighborhood that the Comprehensive Plan refers to; that the City has a long way to go in developing the 50 plus acres that it has for a park; that in the meantime these smaller areas can, and should be, developed, especially when the developer is willing and able to do more than simply set the land aside, but actually develop it; she hoped Smith's would be approved regardless of what it done with the park area, but stated that she would like to see the City reevaluate the idea of putting in a park that would contain soccer or some other playing field. f. Dan Bachini testified that he questioned whether Smith's was going to be here to stay?; he quoted a Dow Jones News Retrieval, which stated the company comparable store FINDINGS OF FACT AND CONCLUSIONS OF LA~i SMITH'S FOOD & DRUG CENTER, INC. page 12 sales for the full year fell 3.4$ of those last year; that the City has an Albertson's, Fred Meyer and possibly a Waremart going in; that he had not seen the pictures before and he had not seen the drawings and they had not talked to Mike Wardle recently; that he questioned if what had been shown was a concept or a plan of the landscaping in the back, what type of trees, the size, the quantity back here, are they going to make it beautiful or just put a few trees in and those would maybe mature in about 15 or 20 years; he also questioned if all deliveries were to the front; that he was worried about noise and wondered if the City has an ordinance for noise for when a certain decibel for the air conditioner, freezer compressors is at an acceptable level; he questioned what happens if the truck deliveries and street sweepers do not abide by a noise ordinance; he question if behind the store they are going to make it a dead end with the nice park back there; that he had brought this up before; that it was a perfect place to go and drink beer, have sandwiches or chips after work and how is that to be policed; he wanted to know about the trash from that; he wanted to know what type of houses are going to go in there and if they were going to be single family or are they going to be apartment houses or duplexes? g. Mary Ann Christman testified that she was there for a couple of purposes; number one, she does represent the two people who own the properties on the corner of Linder and Cherry Lane; however she had a greater interest in the fact that she was a resident of the Meridian area; she lives in Parkside Creek Subdivision; she is a real estate agent; her concern was that she was getting comments from people who were looking to move into the Meridian area and people who are currently living in the Meridian area, that there is no good support for shopping; people are glad to see that the Albertson's is coming into better location for them being out in the Cherry Lane and Ten Mile area, but that does not appeal to them as much as Smith's because it is not a competitive shopping situation; two Albertson's is not what they are happy about; there is a major concern about no competitive shopping and the location of Smith's is .something that they would very much like to see happen; I just wanted to convey that I hear what I have said almost on a daily basis. h. Charles Rline testified that his major concern was that the maintaining of the grounds there was always a lot of trash from people going into the store, buying a can of FINDINGS OF FACT AND CONCLUSIONS OF LAW SMiTH'S FOOD & DRUG CENTER, INC. Page 13 coke and throwing them on the ground as they walked home or whatever; Smith's is saying they are putting the trees up in the back of the store to help maintain and beautify the area but .who is going to be maintaining this area to make sure it stays clean and not become full of trash. i. Marceda Bachini testified that he would like to know about the truck traffic and when those trucks are going to be coming because if they are coming in the dark at 7:30 in the morning when bicycles are being ridden by dark clothed middle school kids I do not think it is very good for the City of Meridian. 15. That Mike Wardle, before-the Commission, submitted draft minutes of the Boise City Council hearing testimony by Bev Stoddard, representative of the Meridian School District, in which Ms . Stoddard made the following comment : "We are welcoming Smith's for their other location they have chosen at Cherry and Linder. It is half a mile away from any of our schools and we have absolutely no problem with that." 16. That written testimony was submitted, before the Commission, some of which was not timely submitted and some of which was; the following is a summary of each persons written testimony if it was timely submitted: 1. W. Roy Brown, 1701 W. Cherry Lane, stated that this store is badly needed to service the fast growing population in this area; that having shopped the Smith's in the Utah area, he found them to be clean, progressive, well- stocked operation and believes they provide good service to the community; that he recommends the C-N zoning. 2. Glenn R. Bentley, Meridian City Councilman, submitted written comment, which is incorporated herein as if set forth in full; he stated that the people who bought lots in Glennfield Manor with the knowledge that the remainder of the vacant land was in the plat for residential; he questioned how many people are willing to buy houses knowing their view out their picture window is the back of a grocery store; that with this store there would be FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 14 four stores in a three mile stretch; and that drivers would use the Castle Falls street as a by-pass of the traffic light at Linder Road and Cherry Lane. 17. That at the Commission hearing Doug Kowallis, of Crest and Company, a real estate representative from Boise, addressed the Commission and testified that three (3) other sites besides this one at Linder and Cherry Lane had analysis done as possible locations; that the hours of operation is 24 hours with parking stalls for approximately 363 cars; that deliveries will be confined to the hours between 7:00 a.m. and 10:00 p.m. as well as the sweeping of the parking lot. 18. That, also before the Commission, Terry Schofield, the architect for this project, testified that all of the equipment and compressors for the refrigeration is included inside a penthouse with a mechanical well for the air handler sitting next to it; that this well is pressed down into the store so it is actually sitting at the same height as the mezzanine of the compressor well but is open on all four sides to allow the sound to escape directly upward. 19. That the Assistant to the Meridian City Engineer, Bruce Freckleton, Planning and Zoning Administrator, Shari Stiles, Meridian Police and Fire Departments, Central District Health Department and the Nampa & Meridian Irrigation District, submitted comments . 20. That the comments submitted by Bruce Freckleton, Assistant to the City Engineer are as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 15 ,4 a. Any existing irrigation/drainage ditches crossing the property shall be tiled; b. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance, but wells may be used for non-domestic purposes such as landscape irrigation; c. That a drainage plan designed by an architect or an engineer shall be submitted for all off-street parking areas and that off-street parking shall. be provided in accordance with. Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements; d. That outside lighting shall be designed and placed so as to not direct illumination on any nearby residences;. e. That all signage shall be in accordance with Meridian City Ordinances; f. That the paving and striping shall be in accordance with the Americans with Disabilities Act. g. That the treatment capacity of Meridian's Waste Water Treatment Plant is currently being evaluated and that approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. 21. That Shari Stiles, Planning and Zoning Director, submitted comments regarding this request by Smith's Food & Drug Center, Inc.; that the majority of the property at the northwest corner of Linder Road and Cherry Lane is zoned R-4 and had been platted as Valeri Place .(aka Kastle/Emerald/Cinder Falls) Subdivision; that Valeri Place Subdivision No. 1 has been recorded; that the final plat of Valeri Place Subdivision Nol 2 was approved on 8/3/93 and a one-year extension granted on 7/5/94 and that this plat is now null and void; that a portion of the site was rezoned on 3/15/94 to L-O, Limited Office to allow a low impact buffer between the intersection and anticipated residential development and that the applicants for the rezone to L-O were Glenn and Millie Nyborg; that the Generalized Land Use Map from the Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 16 Plan shows this parcel as being Existing Urban and existing uses of a type similar to this are or will be located at Locust Grove Road, Meridian Road, and Ten Mile Road, all on Fairview Avenue/Cherry Lane. Ms. Stiles commented further that if this rezoning if approved, the Developer should. provide the following: 1. A minimum 35-foot landscape buffer on Cherry Lane as well as details for approval prior to obtaining building permit; 2. Minimum 20-foot landscaped buffers on Linder Road and adjacent to residential uses (including across the road), with details for approval; 3. Complete site plan for review and approval prior to submitting for building permits to assure compliance with City ordinances and staff and agency requirements; 4. One (1) three-inch (3") caliper tree for each 1,500 square feet of paving; 5. Construction in compliance with the Americans with Disabilities Act; 6. Extension and hookup of sewer and water lines to serve project; and 7. Application for conditional use permit for any further development (future pad site). 22. That comments submitted by the Nampa Meridian Irrigation District, Meridian Police Department, Meridian Fire Department and Central District Health Department are incorporated herein as if set forth in herein. 23. That all representations in the Application, all documents submitted as part of this Application, all representations made by the Applicant, and Applicant's agents, are incorporated herein as if set forth in full, whether stated herein or not. 24. The following statements are made in Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 17 Comprehensive Plan, to wit: "Economic Development Goal Statement Meridian seeks to stimulate, encourage and give preference to those types of economic activities and developments which provide for the employment of Meridian citizens and area residents, and reduce the need for people to commute to neighboring cities for work. 1. Policies 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. 1.4 Positive programs should be undertaken to support existing industrial and commercial areas to ensure their continued vitality, such as: c. Zoning changes to assure desired economic development. 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." 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 Applicants' property. 2. That the City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, and of actual conditions existing within the City and state. FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 18 .~ .~ 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 4. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 5. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area, the City Council specifically concludes as follows: (a ) The new zoning would be harmonious with and in accordance with the Comprehensive Plan and no Comprehensive Plan amendment is required. (b) The area is in the CINDER DISTRICT neighborhood and is along Cherry Lane, and which is designed for commercial and retail uses and a rezone of the subject property is in line with that designation. (c) The area around in the proposed zoning amendment is developed in a retail and commercial fashion that would be allowed under the new zoning and the new zoning would not be contrary to the allowed uses in the area and would be in line with existing developments in the area. (d) There has been some change in the area which may dictate that the property should be rezoned, the change from residential zoning to Limited Office zoning for the property and house which fronts on Cherry Lane and the property is to be developed in a fashion which comports with other FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 19 r development in the area and existing zoning is probably out of line with the existing uses, particularly on the south side of Cherry Lane. (e) That it is unknown, specifically, that the property is proposed to be designed and constructed to be harmonious with the surrounding area, but the Applicant specifically aware that he is proposing to place a grocery and drug store amongst residential neighbors. (f) The proposed uses should not be hazardous or disturbing to the existing or future uses of the neighborhood, and the Applicant will be instructed and required to have its store as unimposing as possible. (g) The property will be able to be adequately served with public facilities, and connection to municipal sewer and water is required. (h) The proposed use would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. (i) The proposed use should not involve any detrimental activity to any person's property or the general welfare. (j) Development will cause a significant increase in vehicular traffic but it should not interfere with surrounding traffic patterns. (k) That this rezone will not result in the destruction, loss or damage of any natural or scenic feature of major importance. (1) The proposed zoning amendment is in the best interest of City of Meridian. 6. That as a condition of granting this rezone, the Applicant shall meet, perform, and comply with all of the representations made in the Application, all documents submitted as part of this Application, all representations made by the Applicant, and Applicant's agents; that if the representations are not met, performed, and complied with; that as set forth in 11-2- FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 20 ~, .- 416 J., violations of the conditions of this rezone shall b, and are, violations of the Zoning Ordinance, and may be violations of other ordinances of the City of Meridian. 7• It is further concluded that the comments, recommendations and requirements of the other governmental agencies shall have to be met and complied with. 8. 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 Fire and Life Safety Code, Mechanical Code, and all parking, lighting and landscaping requirements, and the lighting shall be done so that the adjacent residential structures are not effected. 9. That all requirements of these Findings of Fact and Conclusions of Law shall be met, including entering into a development agreement, which shall address the comments and concerns of City Staff, the representations of the Applicant and its agents, and the Ordinances of the City of Meridian. 10. It is further concluded that the comments, recommendations and requirements of all the other governmental agencies shall have to be met and complied with. FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. page 21 c 4~ APPROVAL OF~FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian City Council hereby adopts and approves these Amended Findings of Fact and Conclusions of Law. ROLL CALL COUNCILMAN MORROW VOTED COUNCILMAN BENTLEY VOTED COUNCILMAN ROUNTREE VOTED COUNCILMAN TOLSMA VOTED MAYOR CORRIE (TIE BREAKER) VOTED DECISION The Meridian City Council decides that the requested rezone of the land to Neighborhood Business District (C-N), is hereby granted; that as a condition of the rezone that the Applicant meet the terms and conditions of these Findings of Fact and Conclusions of Law, the comments and requirements of the City Staff, the water and sewer ordinance requirements, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, the Fire and Life Safety Code, Mechanical Code, and all parking, lighting and landscaping requirements. If there are irrigation canals, drainages or other means of conveying water, located on the property, they shall be tiled. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. 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BRUCE, Secretary June 14, 1996 TO: Smith's Food and Drug Centers, Inc. 1»0 S kedwood Rd Salt Lake City, UT 84104 FROM: Karen Gallagher, Coordinator Development Services Divisio SUBJECT: MRZ-11-95 Cherry Ln and Linder Rd Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on June 12, 1996. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. KG cc: Development Services Chron Jorun Edney Chuck Rinaldi Hubble Engineering City of Meridian ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 ' ~ ADA COUNTY HIGHWAY DISTRICT Development Services Division Development Application Report REVISED APPROVAL MRZ-11-95/MSPR-1-96 Rezone from R-4 to C-N & Revised site plan Cherry Lane & Linder Road, Meridian The applicant is requesting rezone approval from R-4 (low density residential) and L-O (limited office) to C- N (neighborhood business district) to construct a Smith's Food & Drug center. The 8.34-acre site is located on the northwest corner of Linder Road and Cherry Lane. The total site is estimated to generate 6,605 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. The Smith's store alone is estimated to generate 4,830 additional vehicle trips per day. Approximately 3,356 are new trips added to the road-way network. The Commission reviewed a detailed site plan for a supermarket at the northwest corner of Cherry Lane and Linder Road with a rezone request from R-4 to C-N on January 10, 1996. The Commission approved the application with Kastle Falls Drive linked with Emerald Falls Place to provide outlets to both Cherry Lane and Linder Road as proposed. Subsequent to that approval, the City of Meridian approved the application with Emerald Falls Place terminating in a cul-de-sac at the west side of the site with no vehicular connection to Kastle Falls Place. The applicant then submitted a revised site plan, as approved by the City of Meridian, to the District. On June 12, 1996, the Commission approved the revised site plan with a 24-foot wide public road connection (choker) between Emerald Falls Place and Kastle Falls Place, a traffic circle in the middle of the cul-de-sac, and a reverse curve on Emerald Falls Place at Linder Road. If cut-through traffic on Emerald Falls Place and Kastle Falls Place becomes an issue in the future, the neighborhood can request that the District close the road at the west end of the cul-de-sac. ACHD Commission Date -June 12, 1996 - 7:00 p.m Facts and Findings: A. General Information R-4/LO- Existing zoning C-N -Requested zoning 8.34 -Acres 60,000 -Proposed for the Smith's store 262 -Traffic Analysis Zone (TAZ) West Ada- Impact Fee Benefit Zone Western Cities- Impact Fee Assessment District Cherrv Lane Minor arterial with bike route designation Traffic count 7,906 on 9-11-95 (w/o Linder Road) 800-feet of frontage (approx) 90 to 65-feet existing right-of--way (25 to-40-feet from n/o section line) 90 to 108-feet required right-of--way. (45 to 54-feet n/o section line) Cherry Lane is improved with 5 traffic lanes with curb, gutter and sidewalk. Cherry Lane was rebuilt in 1995. Utility street cuts in roads paved within the last five years will not be allowed unless approved by the District Commission. Linder Road Minor arterial with bike route designation Traffic count of 7,248 on 9/11/95 720-feet of frontage (approx) 65 to 50-feet existing right-of--way (25 to 40-feet w/o section line) 90 to 108-feet required right-of--way (45 to 54-feet w/o section line) Linder Road is improved with 5 traffic lanes at the intersection tapering to 2 traffic lanes north of the intersection. A portion of Linder Road abutting this site is improved with curb, gutter and sidewalk. There is no curb, gutter or sidewalk across from the parcel on Linder Road. In accordance with District policy staff recommends that the applicant construct the missing portion of 5-foot wide concrete sidewalk abutting the site on Linder Road. A portion of Linder Road abutting this parcel was overlaid in 1993. Utility street cuts in roads paved within the last five years are not be allowed unless approved by the District Commission. Page 2 MRZ 1195. WPD Emerald Falls Place (extension of Kastle Falls Ave) Local Street with no pathway designation No traffic count available 600-feet of frontage if extended (approx) 50-feet existing right-of--way (west of this site) Emerald Falls Place is improved with a 33 to 35-foot street section with rolled curb, gutter and sidewalk. B. There are two dwellings located at the corner of the site. The remainder of the site is undeveloped. C. The applicant originally proposed to extend Emerald Falls Place from this site's west boundary where it currently terminates, to Linder Road. The revised site plan terminated Emerald Falls Place in a cul-de-sac. The applicant is proposing to dedicate right-of--way between Kastle Falls Place and Emerald Falls Place to allow the construction of utilities and emergency vehicle access in the right-of--way between the two dead-end streets. There is ~ vehicular access proposed from the residential subdivision to the supermarket which would have occurred in the original site plan approved by the District. The revised site plan forces the residents on Kastle Falls Place, which provides access to 49 of the 57 residential lots in the subdivision, to make a left turn on to Cherry Lane, an arterial, and then turn left again to reach the commercial development, places of employment, or other destinations. The previously approved connection between Kastle Falls Place and Emerald Falls Place allowed residents the convenience and safety of the making right turns onto Linder Road or Cherry Lane to enter the arterial street network, instead of forced left turns to travel south or east from Kastle Falls Place. D. The original subdivision (Valeri Place) was also approved with a roadway connection between Linder Road and Cherry Lane (see attachment `D'). Residents of Valeri Place subdivision are opposed to the street connection provided by the previous plan and are concerned with cut-through traffic. Staff has reviewed the possibility of cut-through traffic and believe that very few vehicles will use the street connection because of the increased time it would take over the arterial system. It is unrealistic to believe that customers of the commercial development will use Emerald Falls Place/Kastle Falls Place to access Cherry Lane when the commercial development has two driveways to Cherry Lane. To preserve the option of closing the street connection between Emerald. Falls Place and Kastle Falls Place if cut-through traffic becomes an issue in the future, Emerald Falls Place should be constructed with a circular turnaround, which will allow the closure of the street in the future with a turnaround. Staff recommends that Emerald Falls Place and Kastle Falls Place be connected with traffic calming devices installed to discourage cut-through traff c. Page 3 MRZ 1195. WPD Emerald Falls Place should be narrowed with conversation corners (choker) to a minimum width of 24-feet at the west side of the circular turnaround, a traffic circle should be constructed in the center of the turnaround, and two reverse curves should be placed in Emerald Falls Place near Linder Road (see attachment `C'). District policy requires a 50-foot tangent section between two curves. The proposed reverse curves do not have a tangent section due to the site plan. Staff recommends that the requirement fora 50-foot tangent between the two reverse curves be waived, because of the low speeds and low traffic volume that will be using the street. E. As proposed on the revised site plan, Emerald Falls Place should be constructed to a 37-foot street section with curb, gutter and 5-foot wide concrete sidewalks on both sides within 50-feet of right-of--way, widening to a 41-foot street section within 60-feet of right-of--way between Linder Road and the driveway to Smiths on the south (approximately 80-feet). F. The revised plan for the commercial site proposes one driveway to Emerald Falls Place approximately 80-feet east of Linder Road. District policy requires a minimum separation between a full access driveway and Linder Road (measured from near edge to near edge) to be 50-feet. This driveway meets District policy. The driveway should be constructed as a 30- foot curb return driveway with 15-foot radii located a minimum of 50-feet from Linder Road. G. The applicant is proposing to construct two driveways on Cherry Lane. The easterly driveway is proposed as a right-in\right-out driveway located approximately 300-feet from Linder Road, meeting District policy, which requires a minimum separation between aright-in/right-out driveway and Linder Road (measured from near edge to near edge) of 220-feet. Staff recommends that the applicant construct the easterly driveway in the location shown on the site plan as a right-in/right-out driveway with a 30-foot wide throat on Cherry Lane a minimum of 220-feet from Linder Road. The right-in and right-out traffic lanes should be 20-feet wide, separated by an on-site channelizing island with a minimum area of 100-square feet within the driveway throat. Design should be reviewed by Development Services Staff. The westerly driveway on Cherry Lane is proposed as a 36-foot wide full access driveway located approximately 530-feet from Linder Road, meeting District policy, which requires a minimum driveway separation of 150-feet from other driveways for this portion of Cherry Lane and 440-feet from the intersection. Staff recommends that the applicant construct the westerly driveway as a 36-foot wide full access driveway with 15-foot radii curb returns located a minimum of 150-feet from the right-in/right-out driveway on Cherry Lane and aligned with the driveway on the south side of Cherry Lane approximately 450 feet from Linder Road. The driveway should be striped for two outbound lanes and one inbound lane. The applicant stated that they may be able to work with the property owner of the parcel to the south to move that driveway to align with the proposed Smith's driveway. The possible relocation is acceptable as long as District policy is maintained. Page 4 MRZ 1195. WPD H. The applicant is proposing to construct one driveway on Linder Road. The driveway is proposed as a right-in/right-out driveway located approximately 300-feet from Cherry Lane. District policy requires a minimum separation of 330-feet for aright-in/right-out driveway. (Staff is currently preparing a revision to the Policy Manual which, if approved by the Commission, will allow aright-in/right-out driveway at 220-feet in this location). This driveway does not meet current District policy. Staff recommends that the Commission grant a waiver of current policy to allow the applicant to construct one right-in/right-out driveway with a 30-foot wide throat on Linder Road a minimum of 300-feet from Cherry Lane and a minimum of 150-feet from the proposed extension of Emerald Falls Place. The right-in and. right-out traffic lanes should be 20-feet wide, separated by an on-site channelizing island with a minimum area of 100-square feet within the driveway throat. Design should be reviewed by Development Services Staff. I. Because of the anticipated traffic volumes at the easterly driveway on Cherry Lane, staff recommends that the applicant widen Cherry Lane to provide a right turn deceleration lane for 150-feet east of the proposed driveway. Design should be reviewed by Development Services Staff. The proposed fast food site should take access through the food store parking lot. Staff recommends that no additional accesses be allowed to Cherry Lane or Linder Road other than those approved with this application. District policy states that direct access to arterials and collectors is normally restricted and that the developer shall try to use combined access points. In accordance with District policy staff recommends that the applicant provide a recorded cross access easement for the undeveloped parcel to the west to use this parcel for access to the public streets prior to issuance of building permit (or other required permits). The District intends to require a similar agreement of the owner of the parcel to the west if it is the subject of a future development application. K. There is are two existing curb cut driveways at the residence currently located on this site, one on Linder Road and one on Cherry Lane. Staff recommends that the applicant replace the existing curb cut driveways with standard vertical curb gutter and sidewalk to match the existing improvements. L. If the rezone is approved additional development review such as a conditional use will not be required by the City of Meridian. Staff recommends that the applicant submit any proposed development plans/building plans for this site to the District and the City of Meridian for their review and approval. M. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development. Page 5 MRZ 1195. WPD N. This application was scheduled for a public hearing by the City of Meridian Planning and Zoning Commission on January 9, 1996. The following recommendations are based upon the development plan submitted to the District at the time of the requested rezone and the current District policy in effect at the time. If the rezone is approved and development proceeds the District will review any proposed development plan with regard to District policy at the time of that review. Site Specific Requirements: 1. From the west right-of-way line of Linder Road to a point 350-feet west, dedicate 54-feet of right-of--way from the section line of Cherry Lane abutting the parcel (14-29 additional feet). On the remaining portion of the parcel dedicate 45-feet of right-of--way from the section line of Linder Road abutting the parcel (20 additional feet). Right-of--way shall be dedicated prior to issuance of building permit (or other required permits). The owner will be compensated for this additional right-of--way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of--way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #188. 2. From the north right-of--way line of Cherry Lane to a point 350-feet north, dedicate 54-feet of right-of--way from the section line of Linder Road abutting the parcel (14-29 additional feet). On the remaining portion of the parcel dedicate 45-feet of right-of--way from the section line of Linder Road abutting the parcel (20 additional feet). Right-of--way shall be dedicated prior to issuance of building permit (or other required permits). The owner will be compensated for this additional right-of--way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of--way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 3. Construct Emerald Falls Place to a 37-foot street section within 50-feet of right-of--way, widening to a 41-foot street section within 60-feet of right-of--way between Linder Road and the driveway to Smiths on the south (approximately 80-feet). The entire street abutting the site shall be constructed with curb, gutter and 5-foot wide concrete sidewalks on both sides. Emerald Falls Place shall be constructed with a circular turnaround as proposed with a 24-foot wide `choker' street connection between the cul-de-sac and existing Emerald Falls Place in Valeri Place Subdivision. A traffic circle shall be constructed in the center of the circular turnaround. The traffic circle shall be a separate lot on any future plat to be owned and maintained by Smiths or the home owners association. Emerald Falls Place shall have two reverse curves at Linder Road (see attachment `C') without the required 50-foot tangent. Coordinate the design of Emerald Falls Place with ACHD Development Services staff. Page 6 MRZ1195.WPD 4. Construct one driveway on Emerald Falls Place as a 30-foot curb return driveway with 15-foot radii located a minimum of 50-feet from Linder Road. 5. Construct the easterly driveway on Cherry Lane as a right-in/right-out driveway with a 30-foot wide throat a minimum of 220-feet from Linder Road. The right-in and right-out traffic lanes shall be 20-feet wide, separated by an on-site channelizing island with a minimum area of 100- square feet within the driveway throat. Design shall be reviewed by Development Services Staff. 6. Construct the westerly driveway on Cherry Lane as a 36-foot wide full access driveway with 15-foot radii curb returns located a minimum of 150-feet from the right-in/right-out driveway on Cherry Lane and aligned with the driveway on the south side of Cherry Lane (approximately 450 feet from Linder Road). The driveway shall be striped for two outbound lanes and one inbound lane. NOTE: The applicant stated that they may be able to work with the property owner of the parcel to the south to move that driveway to align with the proposed Smith's driveway. Relocation of the driveway shall be in compliance with District policy and is to be reviewed by the District. 7. Construct one right-in/right-out driveway with a 30-foot wide throat on Linder Road a minimum of 300-feet from Cherry Lane and a minimum of 150-feet from the proposed extension of Emerald Falls Place. The right-in and right-out traffic lanes shall be 20-feet wide, separated by an on-site channelizing island with a minimum area of 100-square feet within the driveway throat. Design shall be reviewed by Development Services Staff. 8. Widen Cherry Lane to provide a right turn deceleration lane for 150-feet east of the proposed easterly driveway. 9. The proposed fast food site shall only take access through the food store parking lot. 10. Provide a recorded cross access easement for the parcel to the west to use this parcel for access to the public streets prior to issuance of building permit (or other required permits). The District intends to require a similar agreement of the owner of the parcel to the west if it is the subject of a future development application. 11. Replace the existing curb cut driveways (one on Linder Road and one on Cherry Lane) with standard vertical curb gutter and sidewalk to match the existing improvements. 12. Utility street cuts in the pavement on Linder Road and Cherry Lane will not be allowed unless approved by the District Commission. 13. Submit any proposed development plans/building plans for this site to the District for review approval. Page 7 MRZ 1195. WPD 14. Restrictions on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. 15. Other than the driveways approved with this application, direct lot or parcel access to Cherry Lane and Linder Road is prohibited, in compliance with District policy. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the Development Services Supervisor. The request shall specifically identi each requiremen to hP rE+rnnsid .rerl and inclndP a written Pxplanatlon Of why such a requiremen would re ult in a cuhcrantial hardchjp or ineq~. Requests received prior to the date scheduled for Commission action shall be rescheduled for discussion with the Commission on the next available meeting agenda. 2. A request for an appeal of the Commission's action shall be made in writing to the Development Services Supervisor within 15 calendar days of the action and shall include a minimum fee of $110.00. The appeal will be scheduled to be heard by the Commission within 20 calendar days after receipt. The request for anneal shall specifically identify each wouia result m a sunstanuai narasmp or m~~. 3. Aright-of--way permit must be obtained from ACHD for any street or utility construction within the public right-of--way. Utility cuts should be combined where practical to limit pavement damage. Utility street cuts in roacL.~ayed wi hin he la t five years will not he allowed unless approve by the District Commission Contact Construction Services at 345- 7667 (with file number) for details. 4. Submit site drainage plans and calculations for review and appropriate action by ACRD prior to issuance of building permit (or other required permits). The proposed drainage system shall retain all storm water on-site and shall conform to the requirements of the city or county having jurisdiction. Public street drainage facilities shall be located in the public right-of--way or in a common lot owned by a homeowners association set aside specifically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage lots and their use restrictions shall be noted on the plat (when applicable). 5. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when driveways are not being shared with the adjacent property. Page 8 MRZ 1195. WPD 6. Construct pedestrian ramps on the corner of all street intersection in compliance with Idaho Code, Section 40-1335. 7. Dedicate up to a 20-foot x 20-foot right-of--way triangle (or appropriate curve). to keep street improvements within the public right-of--way at all intersections abutting and/or within the development prior to issuance of building permit (or other required permits). 8. Continue existing irrigation and drainage systems across parcel. 9. Continue borrow ditch drainage abutting parcel (culvert may be required). 10. Provide written approval from the appropriate irrigation drainage district authorizing storm runoff into their system. 11. If street improvements are required, locate obstructions (utility facilities, irrigation and drainage ditches and appurtenances, etc.) outside of the public right-of--way. Authorization for relocations shall be obtained from the appropriate entity. If determined by the District, existing irrigation facilities may remain in the right-of--way with District review and approval of easements recorded for future relocation at a later date. 12. Locate proposed sign(s) out of the public right-of--way and out of the clear-vision sight-triangle of all street and driveway intersections. 13. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross-street. The stop sign shall be installed when the project street is first accessible to the motoring public. 14. The developer is required to install street name signs at the locations approved by the Ada County Highway District. Purchase street name signs, sign poles, and mounting hardware from ACHD's Traffic Operations Department or an approved outside supplier. The District will not manufacture street signs until a copy of the recorded plat showing the recording data has been provided to Development Services staff. 15. Provide a clear vision sight triangle at all driveway and street intersections. Within this triangle no obstruction higher than 36-inches above the top of pavement will be allowed,. including but not limited to landscaping, berms, .fences, walls or shrubs. The triangle shall be defined with the long leg measured 200-feet to 540-feet (depending on speed limit) along the centerline of any road; and the short leg measured from the curb line of the road 20-feet along the centerline of the intersecting driveway or street (see District policy Figure F7). Provide notes of these restrictions on the plat/site plan and street construction plans. 16. Submit three sets of street construction plans to the District for review and appropriate action. Page 9 MRZ 1195. WPD 17. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 18. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 19. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 20. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 21. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Submitted by: Development Services Staff Date of Commission A.p~roval: JUN 1 2 ?996 Page 10 MRZ 1195. 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S~t~Drvrscor~ , l ,~ZT'AC}~MEN7'~ DI COMMISSION MEETING, JUNE 12, 1996 ~,"~- INDEX TO MINUTES PAGE NO. S BJE T Consent Agenda: Development Applications; Final Plats for Signature: Golfview Estates Subdivision Nos. 4 and 5, Surprise Valley Nos. 2 and 3, Supply Way Park Subdivision, Brampton Square Subdivision, Brampton Square Condominiums, and Non- Development Agreements for Signature: Golfview Estates Subdivision Nos. 4 and 5, and Finch Creek Subdivision; Park and Ride Lot Agreement, Beacon Light Road/SH55; License Agreement, N. Five Mile Road; Voucher Register, May, 1996; Approval of Minutes and Minute Entries, May 22, 1996 Item C., Park and Ride Lot Agreement, Beacon Light Road/SH 55 2 Item C (Continued) Appeal of Impact Fee, Arrowrock Supply 3 Appeal of Impact Fee, Arrowrock Supply (Continued) MRZ-11-95/MSPR-1-96, Cherry Lane/Cinder, Smiths 4 MRZ-11-95/MSPR-1-96 (Continued) Public Meeting, Hill Road Corridor Study 5 - 10 Public Meeting, Hill Road Corridor Study (Continued) 10 Preliminary Plat, Falling Brook 11 Preliminary Plat, Falling Brook (Continued) Freliminary Plat, Winslow/96-21-BS Director's Report Quorum, July 3, 1996 Reminder of Meeting with Meridian City Council 12 Director's Report (Continued) Request for Work Session Prior to July 10 Hill Road Decision Discussion of Curtis/Ustick Involvement Signatures ~c~n~ SHERRY R. HUGER, President SUSAN S. EASTLAKE, Vice President JAMES E. BRUCE, Secretary Minutes of the regular Commission meeting held June 12, .1996, at 7:00 p.m., in the offices of the Ada County Highway District, 318 East 37th Street, Boise, Idaho: Commissioners Huber, Eastlake, and Bruce present. Approximately sixty citizens present. Ada County Highway District staff present: Jerry Nyman, Kent Brown; Terry Little, Mike Brokaw, Dave Wynkoop, Larry Sale, Kazen Gallagher, Dyan Mazquez, Dave Szplett, and Alice Sinsel. Commissioner Huber called the meeting to order at 7:00 p.m. and thanked the audience for their attendance. She explained the procedures used in the meeting and asked each speaker to keep their remazks to three minutes or less in order to allow everyone the same opportunities to present their views. CONSENT AGENDA• DEVELOPME NT APPLIC ATIONS• FINAL PLA TS FOR ~IGNATURE• GOLFVIEW ESTATES SU BDIVISION NOS 4 AND 5 SURPRI E VALLEY NOS 2 AND 3, SUPPLY WAY PARK SUBD IVISION, BRAMPTON SQ~TARE SUBDIVISION BRAMPTON SOUARE CONDOMINI UMS AND NON-DEVEL OPMENT AGREEMENTS FOR SIGNATLTRF.• GOL FVIEW ESTA TES SUBDIVISION NOS 4 AND 5 AND FINCH CREEK SUBDIVISION• P ARK AND R IDE LOT AGREEMENT BEACON I<IGfiT ROAD/SH55• LICENSE AGREE MENT NOR TH FIVE MILE RO ;V OUCHER REGISTER,_MAY. 1996: APPROVAL O F MINUTES AND MINi_TTE ENTRiRS_ MAY 22_ - Kazen Gallagher stated that there were no requested changes to the Development Applications portion of the Consent Agenda. Terry Little pointed out that there may be someone present to speak about the Park and Ride Lot, and suggested it be moved to the regular agenda for discussion. After discussion, Commissioner Bruce moved to approve the items listed under the Consent Agenda, as submitted, with the exception of item C, which is to be moved to the regulaz agenda for discussion. Commissioner Eastlake seconded. Motion carried unanimously. ITEM C. PARK AND RIDE LOT AGREEMENT. BEACON LIGHT ROAD/ H 55 -Dana Hofstetter; 1098 Los Luceros, Eagle, a member and representing the North Eagle Rural Preservation Association which is currently in negotiations with the Idaho Transportation Department concerning the intersection of the new Highway 55 and Beacon Light Road. They were under the impression that the matter of the pazk and ride lot was still under consideration and had not been finalized at this point. She stated that this intersection is a pazticulazly bad one for a pazk and ride lot and explained her opinions. She stated that the area is all zoned for ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 ADA COUNTY HIGHWAY DISTRICT Development Applications Commission Meeting. -June 12, 1996 Tech Review -May 31, 1996 Ada County: PRELIMINARY PLAT: Al. South Point/96-20-PDR/ 96-17-ZC A2. 96-7-TD Bosse City: PRELIMINARY PLAT: A3. Knudsen Square Five Mile Rd s/o Overland Rd TAZ: 83 Lots: 174 Executive Dr & Cloverdale Rd Warehouse/distribution building Fairview Ave & Hampton Rd TAZ:147 Lots:6 Page 1 of JUNE 1296. WPD ADA COUNTY HIGHWAY DISTRICT Ada County: 1. 96-21-PDC/96-19-ZC 2. 96-20-ZC Boise City: 3. Stout #3/96-23-BS 4. CU-143-92/MOD 5. CU-31-96 Development Applications Staff Level Items 1110 Five Mile Rd Rezone from R8 to L-O 1765 Maple Grove Rd Rezone from RSW to R-8 Airport Wy & Development Ave TAZ: 71 Lots: 3 6355 Lake Forest Dr Recreation center expansion (1100 Quamash Wy Child care facility Page ? of 2 JUNE 1296. WPD Commission Meeting -June 12, 1996 Page 2 Item C -Park and Ride Lot (Continued acreage development and is largely already developed, five acres and lazger. The density in Eagle is south of this azea so in order for the majority of the population in Eagle to use this pazk and ride, they would have to go out of their way to meet someone to get to Boise; she believes that is pretty unlikely. She further.stated that the project is not in accordance with the zoning for the azea; it's not going to relieve congestion; and she wondered if any transportation studies had been conducted to determine the suitability of this site. She said that perhaps people traveling in from Horseshoe Bend might use it, but she didn't know why they would do that. She stated that it will more likely become a used car lot rather than a park and ride lot. Ms. Hofstetter further stated that she understood there is another location under consideration at Eagle Bypass and SH55 and thought that site to be a more realistic one. It is not appropriate for ACRD to be spending its dollars on a site that is not likely to relieve congestion in Ada County and is not likely to be used by Ada County residents. She encouraged the Commissioners to delay a decision on this matter pending the discussions her association is having with the Transportation Department. Terry Little stated that staff had met with LeRoy Meyer and the State is not considering any other site in the general area at this time. Subject site has been identified for several years and explained the Federal funds that may be available for this park and ride. Staff believes the site would be used for carpooling. After discussion, Commissioner Bruce moved to defer this matter for two weeks. Commissioner Eastlake seconded. Motion carried unanimously. APPEAL OF IMPACT FEE. ARROWROCK SUPPLY -Dave Szplett explained the proposed project and the impact fees that were required. The applic:,xtt believes they will not be adding additional trips to their site; the larger building is just making them more efficient; and they have shifted their work shifts to off-peak hours to improve access for them and their employees. The applicant has requested that the entire impact fee for the addition be waived. Discussion followed concerning the requirements outlined in the Impact Fee Ordinance. Shawn .Davis, 8573 W. Donnybrook, pointed out that even though they are doubling the size of their building, they don't anticipate hiring more than one person in the next yeaz. What they want to do is become more efficient in their operations and he further explained the ways they plan to improve. He stated that they believe they aze way under the limit of trips for the first part of the building and have not changed their work schedule to get out of the impact fees; they start their work day at 4:00 a.m. and aze done by 1:30 n.m. most of the time. He further explained their activities and the lack of trips during the peax hours. Commission Meeting -June 12, 1996 Page 3 Appeal of Impact Fee. Arrowrock Sup~lv~Continuedl Much discussion followed concerning the application, the peak hour trips, how the impact fee might be adjusted and reviewed in the future; and the possibility of this building being sold to someone who might change the use and trips on the system. Shawn Davis explained the history of-the business and its three year history without coming up to the number of trips they have already paid for in impact fees. They have been in business in Boise for sixty yeazs and have no plans for selling the building. The additional building is being built as part of their twenty-yeaz forecast. Mr. Davis agreed that if no impact fee is paid at this time, he would be willing to have the District review the application in two years and pay any required fees if necessary at that time. Dave Wynkoop, ACHD Attorney, explained that if the applicant is willing to enter into a binding agreement with regazd to a two-year time frame, it could be done, if the Commissioners are willing to take the collectibility risks. He further indicated the risk that the applicant would be taking if the impact fees happen to be higher at the end of the two yeazs and the traffic counts are higher. Commissioner Eastlake also explained the possibility of the impact fees being higher in the next two years. The applicant agreed to enter into a binding agreement as outlined. Commissioner Bruce moved to grant the appeal and not change any impact fee at this time, subject to the applicant signing a binding agreement with the Highway District stating that a study will be performed at the end of two years to determine the amount of the impact fee at that time. Commissioner Eastlake seconded. Motion carried unanimously. MRZ-11-95/MSPR-1-96. CHER_T~Y LANE/L INDER. SMITHS - Kazen Gallagher explained the history of the subject development and noted that staff had been asked to contact the City of Meridian with regard to Castle Falls and Emerald Falls being terminated. She explained the reasons the City of Meridian made their decision and the concern of staff with that decision, basically that being a safety concern for the neighborhood having only one access. She further explained the traffic calming devices that could be used to deter any cut-through traffic in order to provide connectivity. Discussion followed concerning the newly proposed traffic circle which would help deter cut-through traffic and the possibility of closing the street in the future if it becomes necessary. Mike Wardle, 50 Broadway Avenue, representing Smiths, stated that he believes there is some merit in what the staff has suggested. He doubted the neighbors would be pazticulazly pleased with it. He further stated that Smiths came to the agreement with the neighbors because of their concerns and supported that with the City Council. Commission Meeting -June 12, 1996 Page 4 MR7-11-95/MSPR-1-96 Cherry Lane/i finder Smithy (Cnntim~erll Commissioner Huber explained the possibility of the neighborhood changing its mind when the rest of it is built; only 1/3 of the development is currently built. She .moved to support the staff's recommendation with the understanding that, if in the future, the neighborhood concerns for cut-through comes to fruition,, the District. will consider eliminating the connection. The motion includes the installation of the choker, the circle, and the curved alignment at the intersection with Linder Road. Kelly Maupin, a neighborhood representative, 1672 North Castle Falls, Meridian, arrived at this point and stated that the cut-through traffic is one of their concerns; another concern is the liability issues for the private pazk. If the street is not connected, a lot of those problems aze eliminated before they ever start. He further expressed concern about children of customers of Smiths using the private pazk while their parents shop. He also expressed the concern about the wall being eliminated if the roadway is connected. Commissioner Huber explained what discussions had taken place prior to Mr. Maupin arriving. When asked about the plan to open the street and still be able to consider closing it if the traffic does become a problem, Mr. Maupin said he understood. Karen Gallagher pointed out that the wall between the subdivision and the store could still be built. Commissioner Eastlake pointed out the advantages to the neighborhood for the lots to be built in the future on the cul-de-sac using the exit to Linder instead of through the existing neighborhood. Commissioner Bruce seconded the motion on the floor. Commissioner Huber asked about signing the pazk as private. Dave Szplett stated that he didn't believe it would be a real good idea to sign it, but it could be looked at in the future if it becomes a problem. Motion carried unanimously. PUBLIC MEETINC7_ HILL. R~?Ai~ CORRIDOR STUDY -Terry Little presented the need, the history, the findings of the study, and the recommendations of staff (copy of staff report attached) for subject study. He pointed out that the Capital Investment Citizens Advisory Committee supports the realignment of Hill Road from Highway 55 to Gary Lane. Mr. Little explained the traffic counts for different sections of Hill Road and the way traffic patterns aze expected to change in the future and how it all relates to the 2015 Plan. He also explained the different .opinions received during the public hearing process. Mr. Little pointed out that the alternative being presented as staff recommendation is a rural alternative that was not presented at the. Mazch meeting, based on public input received. He then stated that the. immediate recommendations aze to improve the signing and roadway surface east of Highway 55 to make that section of Hill Road a local road instead of an arterial (estimated cost $800 for signs and $50,000 for the scrub coat on existing roadway); the five year plan would have a little less Commission Meeting -June 12, 1996 Page 5 Public Meeting. Hill Road Corridor Study 'nuedl than $4 Million for improvements and would include the new alignment, which is supported by the Consultant, the staff, and the Capital Investments Citizens Advisory Committee. He further stated that for the Gary Lane/Hill Road intersection, Alternative 2 is being recommended and explained what world be done with regazd to avoiding a house located near that intersection. Mr. Little stated that staff is also recommending that alterations be made to the Hill/Bogus/Harrison intersection and explained what would be done during the next few years. He further explained the staff recommendations for the HilUCatalpa/36th intersection. He also explained the other improvements that aze going to be worked into future work programs and stated that each of the intersections will be reviewed on a case-by-case basis as projects go forward. Mr. Little then pointed out the signals that aze being synchronized on State Street to get the traffic moving better in order to encourage travel on that section. Commissioner Huber opened the meeting for public input. Joan Balzarini, 7978 Casa Real, read the statement she had prepazed (copy attached) and explained her opposition to the whole study and questioned the validity of the study and the whole process. She objected to a new alignment of Hill Road between Highway 55 and Gary Lane and said the route cuts in between established neighborhoods. It would encourage more travel on Hill Road to Harrison Boulevazd, regardless of what is done with the intersections; and it would permanently change the character and environment of Hill Road. She stated that the choice should be cleaz to the Commissioners and she recommended that the existing Hill Road be improved. Willis Pierce, 8750 N. Bogart Lane, stated that he owns property along existing Hill Road, and was in attendance to present a petition on behalf of a number of residents of the existing Hill Road between Highway 55 and Gary Lane (copy attached) supporting realignment of the roadway. Mr. Pierce then read the statement on the petition. Further, Mr. Pierce stated that many of the residents will be affected by either Hill Road improvement; given a free choice, they would rather not to give up any of their property, but prefer the new alignment. Veda Anderson, 8298 Casa Real Lane, submitted a page. from the Hill Road Corridor Study showing the typical sections for Hill Road west of Gary Lane (copy attached) and asked why we are going to the expense of a new road when the existing Hill Road could be widened and have the same affect. She further explained the property boundaries and stated that there is only 88-feet of property available and the plans show the need for 96-feet. The District won't have room to place the roadway unless they come into the mobile home park or move the house. She said nothing is being gained by doing this proposed realignment. The best thing is to widen Hill Road and keep it in the rural setting. There is not enough right-of--way there now Commission Meeting -June 12, 1996 Page 6 Public Meeting Hill Road Corridor Study_(Cnntinuedl and it just doesn't add up. Why spend all the taxpayers' money.. She also pointed out that the mobile home park had been promised a berm on the south and east sides of the roadway. She wanted to know why the berm on the south side had been deleted; they want it put back. She stated that she had a letter from Higgins Engineers stating that Hill Road should be left where it is and widened. Ms. Anderson asked the Commissioners to widen Hill Road and not go to all the expense of a new roadway. She then explained the expense that would be caused for her because of her presently getting fire protection for the mobile home park from the drain ditch; if the road is built and the ditch covered, she will have to install fire hydrants. Ms. Anderson then stated that the North Ada County Fire Department had not been presented plans for the proposed new alignment and was going to call for information. Commissioner Eastlake stated that she had spoken with a representative from the Fire Department and he will be providing input. Ms. Anderson wanted the Commissioners' assurance that the berm would be provided and that she would have the same fire protection she has now. She also pointed out a document that was in a Highway District file and stated that she didn't believe it was funny. Theresa Pazker, 8895 Hill Road, was present on behalf of her family and neighbors, and not her pocketbook. Her concern had to do with their way of life and agreed with what ACHD has decided on the realignment in the back fields. She commended ACHD and the staff on how they have stayed with something that has been real difficult. They have showed great integrity, hard work, sacrifice, a lot of public ridicule, from people that are opposed to things that require change. If there is not a realignment, they won't have a place to live. In a few yeazs, they and their neighbors will have to move; their homes will be a road. There will be some sacrifice from everyone on the realignment, but if everyone works together, they will have a better community and that's what ACRD is trying to do to help people live together. Neil Parker, 8895 Hill Road, agreed that Hill Road is due for some improvement. ACHD's proposal to bypass it with new construction to the south is by far the best way to accomplish this improvement. He stated that the new -road is not projected to be significantly more expensive than improving the present road. If you look closely at the objections to building the new road, they have a common thread; that thread is that the objectors don't want a new road built any closer to where they live, which is understandable. But if this sentiment alone were allowed to dictate public policy, no new roads would ever be built anywhere because there is always someone who feels they would be damaged. ACHD and at least two engineering firms have. proposed. a plan that accomplishes the most good while doing the least damage to residents, as well as the environment. He stated that his family, as well as their close neighbors on Hill Road, at least those that live on Hill Road, urge the Commissioners to vote for ACHD staff's proposal. Commission Meeting -June 12, 1996 Page 7 Carol Clemmens, 8205 Hill Road, said she agrees with ACHD staffls proposal to move the Hill Road south of the existing alignment. She explained the nature of the existing Hill Road and stated that it would be difficult to bring it up to code without affecting the homes that have been there many, many years. Even if the road is improved, the homes will be damaged; some would be lost. If it becomes necessary in the future to widen the roadway, almost all of the homes will disappear. Their neighborhood would no longer exist if the existing section is widened. The realignment leaves plenty. of room for future expansion if it becomes necessary; it leaves us with the most number of options and does the least amount of damage to the current residents. Gai W. Llewellyn, 9170 Hill Road, stated that she favors the ACRD staff's new alignment proposal. The records will show that Mr. Higgins' conclusion was for realignment of Hill Road in that section. She wants very much to retain the quality and atmosphere in that area. She further expressed a concern about the difference in costs and the difference between the measurements from the photographs and the real measurements. The improvements to the existing Hill Road would cost considerably more than the new alignment. When asked about the pictures of the redtail hawk submitted, Mrs. Llewellyn stated that they were a gift from her husband. William Sellers and Maureen A. Sellers submitted a letter supporting the new alignment (copy attached). They did not speak. Lynn Hawkins, 4400 Ginzel Street, stated that he will submit comments in written form. He then asked about the costs and whether they reflect the resurfacing of the existing Hill Road to bring it up to standards once the realignment is made. He is in favor of the new alignment and asked that plenty of room be allowed for pedestrians and bicycles. Mr. Hawkins' biggest concern is how Ginzel will be realigned to get access onto Hill Road. Craig Ramsay, 7468 W. Devonwood Drive, approximately five lots away from the new proposed alignment, stated that he received a phone call from one of the Board members which was the only notification he received that there was a public hearing. He is disappointed in the notification process. He stated that when he purchased his home in 1993, there was no mention that Hill Road might be changed in any way. He expressed his concern for the safety of his children. He didn't see any winning alternatives, but could not support the new alignment to the south. Mr. Ramsay said he did not get any notification and expressed his opinion with regard to the rural nature of the roadway and the lack of trees to muffle the sound of traffic. He found it very interesting that it appears to allow through traffic from Gary Lane to Seaman's Commission Meeting -June 12, 1996 Page 8 Public Meeting. Hill Road Corridor tudy (ContLnuedl Gulch. In conjunction with that, he is intrigued by the possibility that the road can be moved on one side to miss a house but not on the other. Commissioner Huber apologized that he didn't get notification, but 13,000 notices were sent and it was in the newspaper. Commissioner Eastlake explained why she called Mr. Ramsay. Further discussion followed concerning Mr. Ramsay's lack of notification. Stanley Matlock, 8633 Bogart Avenue, said he had been a resident of the area for 67 years. He stated that where the proposed realignment is located is the old river bed which is mud type clay. He said there will have to be so much fill, the cost will be astronomical. On the existing Hill Road, he doesn't believe as many houses would have to be purchased. He further explained his opinion with regazd to the .Patten Dairy property and that there was misrepresentation and that the District had their minds made up for the realignment before these meetings were ever held. George Beall, 7820 Gary Lane, stated that his house is the one they are not now going to take out. He then explained the history of the proposed project and his need to know what the District is finally going to do with regazd to his house. He said he has had it; that the District has been playing with him for five yeazs and he wants to know what is going to be done. He stated that he had not been notified either. Ron Carlson, 8035 Hill Road, stated that he supports the realignment of Hill Road to the south. He has lived on Hill Road for nineteen years and his bedroom is approximately 35-feet from the existing road and didn't know how the road could be widened without impacting their home. He supports the, realignment. Willis Pierce, 8750 N. Bogart Lane, stated that he did not receive a notice of this meeting either and explained that he had been told that no notices would be sent out; that the only notice was the one in the paper. Commissioner Eastlake pointed out the people she had contacted to .make sure they were awaze of the meeting and the reasons for the call. Don Gillis, 7825 Gary Lane, stated that he had lived there for forty years and they have come after him three different times. He stated that his biggest concern is that he is tired of the delays. "If you want the damn place, come and buy it and let me move. If not, get the hell off my back." He wanted the southerly route so it would finally be done. Commission Meeting -June 12, 1996 Page 9 Public Meeting. Hill Road Corridor Studyl 'Hued) Eugene Poen, 7897 Hill Road,. said he only heard comments against the project from two people who will be affected by the new realignment, but that neither one of them will lose their house. Several people will lose their homes if Hill Road is widened in the existing alignment. He is in favor of the realignment and in favor of going with the majority. Bill Heady, 8329 Hill Road, explained the distance from his home from the existing Hill Road and noted that it does affect a lot of people if the existing alignment is widened. He stated that he thought the cost to widen it would be more than outlined in the report because of the homes that would need to be purchased. Commissioner Eastlake explained her concern.about future redevelopment and whether or not the homes on the existing alignment might redevelop in the future. Mr. Heady didn't believe it would happen because most of the properties are not large enough to develop. Carol Clemmens, 8205 Hill Road, stated that her home had been in the family for over thirty years and a lot of the neighbors have been in their homes for over thirty years. Most of the properties range from one to five acres. Most of the residents have been there a long time and are not real likely to sell. Commissioner Huber thanked the audience for attending and for the courteous manner in which they provided input, even though it is a very emotional subject. Commissioner Huber stated that she wants to clarify some of the issues presented and is not willing to make a decision at this point. Commissioner Bruce agreed and explained his knowledge of the area in general and stated that he had not yet made up his mind. Commissioner Eastlake pointed out that the existing traffic on Hill Road is not excessive if the street were in adequate condition. Given the pressing needs in the County and the lack of funding available, it is unlikely the District will be able to find enough money in the current budget to build the new road in the next two or three or four years. She didn't want to give the impression that if the new alignment is approved, that a new road will be built in .the next couple of years, because it probably won't happen. No matter what the decision is, the District is committed to doing some improvements to make the cunent Hill Road a little better, but not to increase the speed. It is important to her that funding for the new traffic comes from new growth; that the District not take maintenance money to spend on capacity projects. She further explained that the impact fees collected will probably not be able to even purchase the right-of- way. She further explained that she had not yet had the opportunity to analyze the difference in costs. She agreed that if a five-lane alignment is required, the current location is probably Commission Meeting -June 12, 1996 Page 10 Public Meeting Hill Road Corridor tudy (Continued) impossible; she didn't know what the decision will be, but understood the concerns and noted that the Commission will do the best they can to come up with a solution. Discussion held concerning how to proceed. It was determined that written testimony would be received up to July 10, 1996, at_which time a decision will be made. On that basis, Commissioner Bruce moved to continue the Hill Road discussion to July 10, 1996; to receive written testimony up until that time. Commissioner Eastlake seconded. Motion carried unanimously. A short break was taken at this point in the meeting and was called back to order at 9:15 p.m. PRELIMINARY PLAT. FALLING BROOK -Larry Sale pointed out the reasons for the delay in the approval of subject preliminary plat and explained the traffic numbers that have been reserved for already approved development in the azea. He suggested that the staff report (copy attached) be amended on page 2 where it says "Wazm Springs Avenue is improved with 24-feet of pavement with no curb, gutter, or sidewalk." He requested that the following be added after sidewalk: "at the site. Warm Springs A~-enue is improved with wider pavement, curb, gutter and sidewalk from a point neaz the site westward to Broadway Avenue." At a meeting in 1995, the Commission did not approve the plat, but offered the developer the choice of developing the previously approved first phase of 56 apartments, or the 35 single family lots in this phase, and chose not to approve the preliminary plat of this single family subdivision on the basis that Warm Springs Avenue was approaching or had reached a level of service C and that further development should not be approved. He further explained the traffic numbers in the area, how the counts were taken, and the results of the traffic investigation. Mr. Sale further explained how traffic on Warri Springs Avenue will decrease when the new Highway 21 bridge connecting Warm Springs to Gowen Road is completed. With all the adjustments, the approval of the 32 additional lots for this subdivision will not exceed 14,000 trips per day on Warm Springs Avenue. He indicated that there aze other lots that may or may not develop in the future which have not been included in this report. Mr. Sale provided additional information regarding the approval of Surprise Valley plats and the difference between subject development and those approvals. He fizrther indicated the anticipated decrease in traffic once the West PazkCenter River Crossing is constructed. Much discussion followed concerning other development in the azea and how the trips are counted. Staff recommendation was to approve the preliminary plat for the Falling Brook Subdivision and that the developer be advised that he is not guaranteed the Commission will recommend approval of Phase III. Much discussion followed concerning the difference between this project and the Surprise Valley project and the current status of subject project. Steve Bradbury, 300 N. 6th Street, Attorney, representing the applicant, Vosti Properties, Inc., stated that he had a number of conversations with the Highway District Attorney over the last ,, Commission Meeting -June 12, 1996 Page 11 Preliminary Plat. Falling Brook ,Continued) couple of weeks and with Mr. Sale. He stated that if this phase of the project is going to be approved, he didn't believe there was a need to get into a long conversation with regazd to the issues involved. He understood that the District is not making any promises with regazd to future approvals if this phase of the development is approved. He said they probably •avill be back in the not too distant future for Phase III; when that day comes, the issues can be addressed. Commissioner Eastlake stated that her preference would be for Mr. Bradbury to provide a legal brief at no cost to the Highway District. Mr. Bradbury said he would be willing to provide written documentation with regard to the issues. He read the letter from Boise City that gives final approval for the development. Mr. Vosti believes he has an approved right to build up to a total of 200 units on the property, which was approved by Boise City in 1994. Much discussion followed concerning the approval by the City and the number of units included in that approval, demand management strategies, and the need for developers to be thinking about alternative ways to reduce trips from projects. Commissioner Eastlake moved to accept the preliminary plat for Falling BrookBCS 60-94, with amended page 2, description of Warm Springs Avenue, and with the additional information included in relation to existing traffic volume, proposed additional traffic from already approved developments, and proposed reduction in traffic based on projects that have already received approval by APA as part of the long range transportation plan and have been proposed to be funded in our current Five Year Work Plan. Commissioner Bruce seconded. Motion carried unanimously. PRELIMINARY PLAT.- WINSLOW/96-21-BS -Larry Sale stated that because the proposed utility cuts have been resolved, staff recommendation is for approval of subject plat, as submitted. Commissioner Bruce moved to approve the preliminary plat for Winslow Subdivision, 96/21BS, in accordance with the staff report. Commissioner Eastlake seconded. Motion carried unanimously. DIRECTOR' S REPORT Ouorum. July 3. 1996 -Jerry Nyman asked the Commissioners if there will be a quorum for subject meeting. After discussion, Commissioner Bruce moved to cancel the July 3, 1996, Commission meeting because of the lack of a quorum. Commissioner Eastlake seconded. Motion carried unanimously. Reminder of Meeting with Meridian Citv Council -Jerry Nyman reminded the Commissioners of the meeting with Meridian City. Council scheduled for June 13, 1996, at 12:00 noon, at the . Highway District offices. ,. a Commission Meeting -June 12, 1996 Page 12 Director's Report Continued) Request for Work Session Prior to July 10 Hill Road Decision -Discussion held concerning. the need to have a work session to provide information with regazd to questions raised at tonight's meeting. It was determined that the work session will be held on June 20, 1996, at 11:30 a.m. Discussion of Curtis/LTstick Involvement -Susan Eastlake presented the memorandum from Steve Spickelmier relating to the scope of work for the Curtis/Ustick project and expressed her opinion that it is critical that anyone who wants to participate in looking at the scope of work should be able to do that. She wants to make the document available for public inspection. Much discussion followed with the staff explaining the reasons they believe the public should be involved in a later phase, in order to keep the project on schedule. It was determined that Commissioner Eastlake will meet with those she believes aze interested in the project to see if they have any suggestions and will allow a two week comment period. Kent Brown explained that with the two week delay, the schedule will be adjusted. When asked for Commission direction with regard to scope of work on future projects, Commissioner Eastlake stated that she wants to see a scope of work on any Bench Valley project, West PazkCenter Bridge, and on Hill Road. Commissioner Bruce moved to .adjourn the meeting at 10:20 p.m. Commissioner Eastlake seconded. Motion carried unanimously. u usan S. Eas lake, Vice-President G Sherry R. H er, President as CENTRAL •• DISTRICT ~'If HEAL DEPARTM To prevent and treat diseas 96-354 TH ENT MAIN OFFICE • 707 N, ARMSTRONG PL. • BOISE, ID 83704-0825 • (208) 375-5211 • FAX 327-8500 e and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. June 4 1996 Meridian City Hall 33 E. Idaho Avenue Meridian, ID 83642 On June 3, 1996, our office reviewed and approved plans for the following new establishment. ESTABLISHMENT NAME: smith's Grocery ESTABLISHMENT ADDRESS: Cherrv Lane & Linder Road Meridian. ID 83642 CONTACT PERSON: Terrv Scofield PHONE: 342-9630 Their tentative opening date is unknown. Please contact us if you have any questions. .Sincerely, C~`~~~ ~;~~ ~: ~ Christen Klaus, EHS Environmental Health Specialist cc Tom Turco, Director of Environmental Health Marty Jones, Supervisor of Environmental Health Serving Valley, Elmore, Boise, and Ada Counties ADA / BOISE COUNTY OFFICE 107 N. Armstrong Place Boise, ID 83704-0825 Ph. 375-5211 VALLEY COUNiY OFH(:E P.0, Box 1448 McCall, ID 83638 Ph, 634-7194 E11ulORE COUMY OFFCE 520 E. 8th Street North Mountain Home, ID 83647 Ph.581-9225 ~,' w b Commission Meeting -May 22, 1996 Page 4 RZ-6-96.3805 Cole Road (continued) Commissioner Bruce moved to approve RZ-6-96, 3805 Cole Road, as amended above. Commissioner Eastlake seconded. Motion carried unanimously. CONSIDERATION OF MSPR-1-96(,MRZ-11-95~. CHERRY LANE/LINDER. SMITHS - Kazen Gallagher pointed out that the Commission previously acted on a rezone for this parcel and the staff report was in the packet. She stated that the City of Meridian approved the rezone request for this site with major changes from what the Highway District approved. Kazen explained the cul-de-sac that the City of Meridian has approved as part of their rezone. Staff is opposed to the cul-de-sac and believes West Emerald Falls Place should be extended to North Castle Falls Avenue (copy of staff report attached). She explained the need for the extension and the methods by which the traffic could be calmed if the roadway is extended. Area residents aze concerned about cut-through traffic if the roadway is extended. Much discussion held concerning the azea, the possible cut-through traffic because of the signal, and the neighborhood adjacent to the development. Mike Wazdle presented the new site plans for the Smiths development and explained the actions taken by the City of Meridian. He explained that, although there may not be a significant amount of cut-through traffic, there will be some. They have worked with the City of Meridian, their utilities people, and the fire department. An arrangement has been worked out to provide an emergency vehicle access with removable bollazds. Mr. Wazdle pointed out that the residents' existing access requires the same type of movements that would be required with the cul-de-sac configuration. The property owners aze requesting the installation of the cul-de-sac and that no connection be made. There is an agreement between Smiths and the residents to implement the disconnected roadway system and they encourage the Commission to allow that to occur. It is not a significant system component and discouraging the cut- through traffic is probably the thing to do. Mr. Wazdle further explained the plans for the future of the undeveloped portion of the site. He stated that the proposed cul-de-sac is a reasonable accommodation of the concerns of the residents. They would like to stand with the commitment to the neighborhood to provide the cul-de-sac, which could provide a pedestrian connection. Much discussion followed concerning the number of homes in the subdivision and the need, or lack thereof, to be able to access the new Smiths. Shazon Litzebauer, 1922 West Emerald Falls Court, newly elected President of the Homeowners Association, presented a letter from the neighborhood and asked the Commissioners to take the time to read it (copy attached). It is their heartfelt comments to the District's findings. She pointed out the planned development in the area and the options they Commission Meeting -May 22, 1996 Page 5 MSPR-1-96(MRZ-11-951 Chem Lane/Linder Sm:ithc (('nntim~eril will have in the future for getting to grocery stores. They, as homeowners, have opted to turn left out of that subdivision instead of having the street extended. She explained the location of the park and the need to protect their children from any additional tt Their concern is the traffic that will use the street to avoid ,the traffic signal at the intersection. Ms. Litzebauer stated that if all the homeowners are willing to wait the necessary time to turn left out of that subdivision, they should have that option. She stated that they believe that if the street is connected, it will increase the flow of traffic through their subdivision tremendously. What was originally intended to be all residential has now become commercial and the roadwav should not be connected. She pointed out that they are not opposed to Smiths locating there and have worked with the developer to work out a solution to their concerns. She asked the Commissioners to take into consideration the change to the area and eliminate the connection. Much discussion held concerning the presence; or lack thereof, of future cut-through traffic, the location of driveways for the development, and the use of subdivision streets for avoiding traffic signals. Ms. Litzebauer stated they are concerned for the safety of the children and the future of the subdivision and pointed out the location of the schools in the area, noting that the intersection is very busy. She stated that there are currently eleven residents and a maximum of forty homes will be built in the subdivision; they are willing to make that left turn into the third lane in order to protect their neighborhood. She stated that this is a very unique situation and the District should be able to grant their request. Her personal opinion is that the proposed chokers and speed humps won't work. Commissioner Huber stated that the Commission understands the issues and noted that solutions need to be reached to best serve the community as a whole. She pointed out that staff has recommended the extension and are following good traffic practices; now, the Commissioners will have to balance the request for not extending the roadway. Further discussion followed concerning the entrances into the grocery store, possible cut-through traffic and allowable numbers of vehicles for local streets, and other locations where grocery stores have been located adjacent to neighborhoods, with Karen Gallagher explaining the reasons staff is requesting the street extension. Lisa Johnson, 1970 Emerald Falls Court, stated that we need to think about the people who will be avoiding the intersection because of Smiths; that is the concern of the property owners. She pointed out the difference from the existing traffic at the intersection to what will be there after Smiths is built. She stated that there will be many more accidents after the development is in place because of the speed of the vehicles after they get: through the signal proceeding west. Whatever can be done to keep the traffic out of the neighborhood. should be done. It is a scary proposition for her with the Smiths store in place. r ~~ V~ Commission Meeting -May 22, 1996 Page 6 MSPR-1-96(MRZ-11-951 Cherry La_ne/Linder Smiths (Continued) Dave Szplett explained the information included in the traffic study done for the Smiths development. Much discussion followed concerning the study. Kazen Gallagher stated that staff strongly recommends that the street be connected and that the traffic calming measures be implemented. There could be a choker to 24feet and the reverse curve at the corner of Linder and W. Emerald Falls Place. This is a balance action that could resolve the concerns of the neighborhood and still provide the interconnectivity the District is attempting to achieve. Ms. Gallagher pointed out that the City of Meridian has approved the rezone and the site plan with the cul-de-sac. However, the site will go through a subdivision process, so the District will see it again. Much more discussion followed concerning other alternatives that might be available and the issues involved with regard to the difference of opinion between staff and the City of Meridian. Elizabeth Boone, 1862 Emerald Falls, stated that Cherry Lane is continuing to develop and what we are looking at now is not what will be present in five yeazs as far as traffic. What they are talking about may not exist now, but will in five years. She would avoid that corner if she could if there was a lot of traffic at the intersection. Ms. Boone further explained future development that will be occurring in the area and stated that it will be a busy corner. She also explained the vehicles that are using the sidewalks to turn around on. Discussion followed with Commissioner Bruce expressing his concern for working with the City of Meridian and his desire to go look at the azea. Much more discussion followed concerning alternatives to the cul-de-sac arrangement, how speed humps work, and future traffic for the Smiths development. Michael Boone, 1862 Emerald Falls, wanted to make the Commissioners aware of the fact that the residents have no desire to have the subdivision connected directly to the pazking lot of the supermarket. The plan before the Commission represents the best efforts of both the residents of .the subdivision, Smiths, and the City of Meridian to arrive at a compromise situation that accommodates the needs and desires of both the residential and commercial aspects. Commissioner Bruce moved to defer this matter to June 12, 1996, and to direct staff to work with the City of Meridian to determine if a solution can be found. Commissioner Eastlake seconded. Motion carried unanimously. Ms. Litzebauer pointed out the situation that occurred with regard to the subdivision adjacent to Waremart in Boise. She asked that the Commission take that into account. i ADA COUNTY HIGHWAY DISTRICT Development Services Division Preliminary Report DATE: May 9, 1996 TO: ACRD Commission FROM: Karen Gallagher Development Services Coordinator RE: MRZ-11-95/MSPR-1-96 (revised site plan) A.lUertse~s at Cherry Lane and Linder Road The Commission reviewed a detailed site plan for a supermarket at the northwest corner of Cherry Lane and Linder Road with a rezone request from R-4 to C-N. The site specific requirements included in the District's report included review of the site plan. The approved staff report is attached. The City of Meridian approved the rezone request and site plan for the supermarket with the following significant change, the public road (Emerald Falls Place) extending into the site from Linder Road, abutting the north boundary of the supermarket, is terminated in a cul-de- sac and ti extended to connect with Castle Falls Avenue in the subdivision on the west side of the site (see revised site plan). The applicant is proposing to dedicate right-of--way between Castle Falls Avenue and Emerald Falls Place to allow the construction of utilities in the right- of-way between the two dead-end streets. There is ~ vehicular access proposed to the supermarket from the residential subdivision, instead of connecting the neighborhood with the supermarket. Staff is opposed to the revised site plan that terminates Emerald Falls Place. This forces the residents on Castle Falls Avenue to make a left turn on to Cherry Lane, an arterial, and then turn left again to access the commercial development. The cul-de-sac creates an isolated area in place of a functional neighborhood. The site plan approved by the District, allowed vehicular access from the subdivision to the supermarket from a local street. Additionally, the connection between Castle Falls Avenue and Emerald Falls Place allowed residents the option of the making right turns onto Linder Road or Cherry Lane to enter the arterial street network, instead of forced left turns to travel south or east from Castle Falls Avenue. Staff has been told that the residents of Castle Falls Place are opposed to the extension/connection to Emerald Falls Place, because the quality of housing behind the supermarket will be lower and they are concerned with cut-through traffic. Staff has reviewed the possibility of cut-through traffic and have very low concerns. The amount of vehicles traveling southbound on Linder Road to westbound on Cherry Lane are low and would not result in long stacking lines; therefore, the amount of drivers encouraged to use Emerald Falls Place/Castle Falls Avenue is very small. Additionally, it is unrealistic to believe that customers of the commercial development will use Emerald Falls Place/Castle Falls Avenue to access Cherry Lane when the commercial development has two driveways to Cherry Lane. Finally, the original subdivision plat included the Emerald Falls/Castle Falls connection. Staff can find no benefit to the public to terminate the two streets in cul-de-sacs. Staff can find no benefit to having the two unconnected streets connected by right-of--way solely for utilities and emergency services access. Staff strongly recommends that the Commission deny the revised site plan. 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I I 1 ' 11 l lv Il.a '~ yj ~ AL •O'p .f•LL! 4Tr~~- .rsssr-----------1-------~- a/r.as~w- II A r-a 3r1p2 - r n u 1 ~7 ° I` _ ~~ • n ~- -- j l ~--__--__--~I i-~---_--- i t r d i e ° I I II II 1 ' I l I I I (~ II ~ ~ ~ ~ '~ h:+~ 5 ~ ' u ~ ~ ~ ~'~ I --L---~--- ~ ----_'_`~ I~ t./' I _ ~mmm.o d o90~0 a9Da~.9 Qloom~y ~~ IN lu ,n lu ~i ~~ ~~ u. 11 l li 1 II 1 11 N'i I'~ ~~ SI I. ~c~n~ JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary January 11, 1996 TO: Smith's Food and Drug Centers, Inc. 1550 S. Redwood Road Salt Lake City, UT 84104 FROM: Karen Gallagher, Coordinator Development Services Divisio SUBJECT: MRZ-11-95 Northwest corner of Cherry Lane and Linder Road Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway J~istrict on January 10, 1996. The attached staff report lists conditions of approval and street improvements which are required. If you have any, questions, please feel free to call me at 345-7680. KG cc: Development Services Chron John Edney Chuck Rinaldi City of Meridian Hubble Engineering-9550 Bethel Ct. 83709 ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 ,~ ADA COUNTY HIGHWAY DISTRICT Development Services Division Development Application Report MRZ-11-95 Cherry Lane, w/o Linder Road Rezone from R-4 to C-N City of Meridian The applicant is requesting rezone approval from R-4 (low density residential) and L-O (limited office) to C-N (neighborhood business district) to construct a Smith's Food & Drug center. The 8.34-acre site is located on the northwest corner of Linder Road and Cherry Lane. The total site is estimated to generate 6,605 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. The Smith's store alone is estimated to generate 4,830 additional vehicle trips per day. Approximately 3,356 are new trips added to the roadway network. Roads impacted by this development: -Cherry Lane -Linder Road -Gold Falls Place ACHD Commission Date -January 10, 1996 - 7:00 p.m. '. r .~ _ _ __ .i ldy uN/0 ' ~' LL Q J d P_ ~ ~ ~ W .- ~~ ~ 1 ~s_ 'T~ V, , - ~ I ~ ~ ~ Q '~ ~ ~ ~- 0 .~ o~ ._ i ~ _______...~ __y • ~~~. Y !` ~~'` :L%`, /mar ~`~ ~~~ \ JI f. ~~ ~^ ~~(.~:. i, `i~ 3 ~~~ s ~ .............~ ......I.~,...p.---.-~~. 1.-----_--,-L-~,~_-~--------- / I I bl I~ J 1 I I 1 i I z a . ' II I I . ~I I ------11 I II ~ II II ' II II ~ I I I I I I I A1R - ~- I I I jl ~ II j ...; m o b I I ..I I I ` II~ II .....~, ql• ~ ® I I • I 1 III II ~, --~---71 ~ II I I ' ... . -- I I ,I,I II ~ ~ ~ : A~ ; 1 ;I I 1 . a '~`~~~ •-~ a _ -~ -- , 1 I I I b ....9 , II , II >. 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I _ - - ~'rii - ::: ~::::::::z ........... .r... ~::::...::. •:..:: .--.-,.-..., : is I _-._ ..............-.~.. _....~;;. c ...... ' _. .:: i : .............. . I, • . I, .................. .. ~~......... ..~`......... ~. ::i::::::::t~:iiiii::: _•: _•: :::::::. 9 ............... .. ............. i - _ ......... . ;,. ~Q .... , ~ _ i ~ ., \ P.j t •4 ::I~ Ali pi's:. _ _ _" ~ !-gn~-+r ~: ~ ' ~ __a•-,.~• m a Im m o a o-y~&m m@ ...~-Q:~nl~ A d ~,~~ ~~, i _ ;` .. ., ...... ' /,% / '~_ ~-- o o~ e a d o// o p o i e b 3'3-"' ~"A"/'ai'tt1'- Facts and Findings: A. General Information R-4/LO- Existing zoning C-N -Requested zoning 8.34 -Acres 60,000 -Proposed for the Smith's store 262 -Traffic Analysis Zone (TAZ) West Ada- Impact Fee Benefit Zone Western Cities- Impact Fee Assessment District Choy Lane Minor arterial with bike route designation Traffic count 7,906 on 9-11-95 (w/o Linder Road) 800-feet of frontage (approx) 90 to 65-feet existing right-of--way (25 to-40-feet from n/o section line) 90 to 108-feet required right-of--way (45 to 54-feet n/o section line) Cherry Lane is improved with 5 traffic lanes with curb, gutter and sidewalk. Cherry Lane was rebuilt in 1995. Utility street cuts in roads paved within the last five years will not be allowed unless approved by the District Commission. Linder Road Minor arterial with bike route designation Traffic count of 7,248 on 9/11/95 720-feet of frontage (approx) 65 to 50-feet existing right-of--way (25 to 40-feet w/o section line) 90 to 108-feet required right-of--way (45 to 54-feet w/o section line) Linder Road is improved with 5 traffic lanes at the intersection tapering to 2 traffic lanes north of the intersection. A portion of Linder Road abutting this site is improved with curb, gutter and sidewalk. There is no curb, gutter or sidewalk across from the parcel on Linder Road. In accordance with District policy staff recommends that the applicant construct the missing portion of 5-foot wide concrete sidewalk abutting the site on Linder Road. A portion of Linder Road abutting this parcel was overlaid in 1993. Utility street cuts in roads paved within the last five years are not be allowed unless approved by the District Commission. Gold Falls Place (extension of Kastle Falls Ave) Local Street with no pathway designation No traffic count available 600-feet of frontage if extended (approx) 50-feet existing right-of-way (west of this site) Page 2 MRZ 1195. WPD Gold Falls Place is improved with a 33 to 35-foot street section with rolled curb, gutter and sidewalk. B. There are two dwellings located at the corner of the site. The remainder of the site is undeveloped. C. The applicant is proposing to extend Gold Falls Place from this site's west boundary where it currently terminates, to Linder Road. Staff recommends that the applicant construct Gold Falls Place to a 41-foot street section with curb, gutter and 5-foot wide concrete sidewalks on both sides within 60-feet of right-of--way. The roadway should transition into the existing street section of Gold Falls Place as close to the west property line of this site as possible. Coordinate design with ACHD Development Services staff. OR Remove the westerly site driveway proposed on the extension of Gold Falls Place and construct Gold Falls Place to a 37-foot street section with curb, gutter and 5-foot wide concrete sidewalks on both sides within 50-feet of right-of--way. The roadway should transition into the existing street section of Gold Falls Place as close to the west property line of this site as possible. Coordinate design with ACHD Development Services staff. D. The applicant is proposing to construct two driveways on Cherry Lane. The easterly driveway is proposed as a right-in\right-out driveway located approximately 300-feet from Linder Road, meeting District policy, which requires a minimum separation between aright-in/right-out driveway and Linder Road (measured from near edge to near edge) of 220-feet. Staff recommends that the applicant construct the easterly driveway in the location shown on the site plan as a right-in/right-out driveway with a 30-foot wide throat on Cherry Lane a minimum of 220-feet from Linder Road. The right-in and right-out traffic lanes should be 20-feet wide, separated by an on-site channelizing island with a minimum area of 100-square feet within the driveway throat. Design should be reviewed by Development Services Staff. The westerly driveway on Cherry Lane is proposed as a 36-foot wide full access driveway located approximately 530-feet from Linder Road, meeting District policy, which requires a minimum driveway separation of 150-feet for this portion of Cherry Lane. Staff recommends that the applicant construct the westerly driveway as a 36-foot wide full access driveway with 15-foot radii curb returns located a minimum of 150- feet from the right-in/right-out driveway on Cherry Lane and aligned with the driveway on the south side of Cherry Lane approximately 450 feet from Linder Road. The driveway should be striped for two outbound lanes and one inbound lane. The applicant stated that they may be able to work with the property owner of the parcel to the south to move that driveway to align with the proposed Smith's driveway. Staff would accept the possible relocation as long as District policy can be maintained. Page 3 MRZ 1195. WPD E. The applicant is proposing to construct one driveway on Linder Road. The driveway is proposed as a right-in/right-out driveway located approximately 300-feet from Cherry Lane. District policy requires a minimum separation of 330-feet for aright-in/right-out driveway. (Staff is currently preparing a revision to the Policy Manual which, if approved by the Commission, will allow aright-in/right-out driveway at 220-feet in this location). This driveway does not meet current District policy. If District policy is not changed, staff recommends that the applicant construct one right-in/right-out driveway with a 30-foot wide throat on Linder Road a minimum of 330-feet from Cherry Lane and a minimum of 150-feet from the proposed extension of Gold Falls Place. The right-in and right-out traffic lanes should be 20-feet wide, separated by an on-site channelizing island with a minimum area of 100-square feet within the driveway throat. Design should be reviewed by Development Services Staff. F. The applicant is proposing to construct two driveways on the proposed extension of Gold Falls Place. The easterly driveway is proposed as a 30-foot wide driveway located approximately 40-feet from Linder Road. District policy requires a minimum separation between a full access driveway and Linder Road (measured from near edge to near edge) to be 50-feet. This driveway does not meet District policy. Staff recommends that the applicant construct the easterly driveway as a 30-foot curb return driveway with 15-foot radii located a minimum of 50-feet from Linder Road. The westerly driveway is proposed as a 20-foot wide driveway located approximately 30-feet from the west property line. Staff recommends that the applicant construct the westerly driveway as a 24-foot wide nunimum, 30-foot wide maximum curb return driveway with 15-foot radii located as shown on the site plan. The applicant has stated that this driveway may be eliminated or may be used as an emergency access only. G. Because of the anticipated traffic volumes at the easterly driveway on Cherry Lane, staff recommends that the applicant widen Cherry Lane to provide a right turn deceleration lane for 150-feet east of the proposed driveway. Design should be reviewed by Development Services Staff. H. The proposed fast food site should take access through the food store parking lot. Staff recommends that no additional accesses be allowed to Cherry Lane or Linder Road other than those approved with this application. District policy states that direct access to arterials and collectors is normally restricted and that the developer shall try to use combined access points. In accordance with District policy staff recommends that the applicant provide a recorded cross access easement for the undeveloped parcel to the west to use this parcel for access to the public streets prior to issuance of building permit (or other required permits). The District intends to require a similar agreement of the owner of the parcel to the west if it is the subject of a future development application. There is are two existing curb cut driveways at the residence currently located on this site, one on Linder Road and one on Cherry Lane. Staff recommends that the applicant Page 4 MRZ 1195. WPD . replace the existing curb cut driveways with standard vertical curb gutter and sidewalk to match the existing improvements. J. If the rezone is approved additional development review such as a conditional use will not be required by the City of Meridian. Staff recommends that the applicant submit any proposed development plans/building plans for this site to the District for their review and approval. K. Based on development patterns in this area and the resulting traff c generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development. L. This application was scheduled for a public hearing by the City of Meridian Planning and Zoning Commission on January 9, 1996. The following recommendations are based upon the development plan submitted to the District at the time of the requested rezone and the current District policy in effect at the time. If the rezone is approved and development proceeds the District will review any proposed development plan with regard to District policy at the time of that review. Site Specific Requirements: From the west right-of--way line of Linder Road to a point 350-feet west, dedicate 54 feet of right-of--way from the section line of Cherry Lane abutting the parcel (14-29 additional feet). On the remaining portion of the parcel dedicate 45-feet of right-of- way from the section line of Linder Road abutting the parcel (20 additional feet). Right-of--way shall be dedicated prior to issuance of building permit (or other required permits). The owner will be compensated for this additional right-of--way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of--way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 2. From the north right-of--way line of Cherry Lane to a point 350-feet north, dedicate 54- feet of right-of--way from the section line of Linder Road abutting the parcel (14-29 additional feet). On the remaining portion of the parcel dedicate 45-feet of right-of- way from the section line of Linder Road abutting the parcel (20 additional feet). Right-of--way shall be dedicated prior to issuance of building permit (or other required permits). The owner will be compensated for this additional right-of--way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of--way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 3. Construct Gold Falls Place to a 41-foot street section with curb, gutter and 5-foot wide concrete sidewalks on both sides within 60-feet of right-of--way. The roadway shall Page ~ MRZ 1195. WPD transition into the existing street section of Gold Falls Place as close to the west property line of this site as possible. Coordinate design with ACHD Development Services staff. OR Remove the westerly driveway on the proposed extension of Gold Falls Place and construct Gold Falls Place to a 37-foot street section with curb, gutter and 5-foot wide concrete sidewalks on both sides within 50-feet of right-of--way. The roadway shall transition into the existing street section of Gold Falls Place as close to the west property line of this site as possible. Coordinate design with ACHD Development Services staff. 4. Construct the easterly driveway on Cherry Lane as a right-in/right-out driveway with a 30-foot wide throat a minimum of 220-feet from Linder Road. The right-in and right- out traffic lanes shall be 20-feet wide, sepazated by an on-site channelizing island with a minimum area of 100-square feet within the driveway throat. Design shall be reviewed by Development Services Staff. 5. Construct the westerly driveway on Cherry Lane as a 36-foot wide full access driveway with 15-foot radii curb returns located a minimum of 150-feet from the right-in/right- out driveway on Cherry Lane and aligned with the driveway on the south side of Cherry Lane (approximately 450 feet from Linder Road). The driveway shall be striped for two outbound lanes and one inbound lane. NOTE: The applicant stated that they may be able to work with the property owner of the parcel to the south to move that driveway to align with the proposed Smith's driveway. Relocation of the driveway shall be in compliance with District policy and is to be reviewed by the District. 6. Construct one right-in/right-out driveway with a 30-foot wide throat on Linder Road a minimum of 330-feet from Cherry Lane and a minimum of 150-feet from the proposed extension of Gold Falls Place. The right-in and right-out traffic lanes shall be 20-feet wide, separated by an on-site channelizing island with a minimum azea of 100-square feet within the driveway throat. Design shall be reviewed by Development Services Staff. 7. Construct the easterly driveway on Gold Falls Place as a 30-foot curb return driveway with 15-foot radii located a minimum of 50-feet from Linder Road. 8. Construct the westerly driveway as a 24-foot wide minimum, 30-foot wide maximum curb return driveway with 15-foot radii located a minimum of 5-feet from the west property line. 9. Widen Cherry Lane to provide a right turn deceleration lane for 150-feet east of the proposed easterly driveway. Page 6 MRZ 1195. WPD 10. The proposed fast food site shall take access through the food store parking lot. 11. Provide a recorded cross access easement for the parcel to the west to use this parcel for access to the public streets prior to issuance of building permit (or other required permits). The District intends to require a similar agreement of the owner of the parcel to the west if it is the subject of a future development application. 12. Replace the existing curb cut driveways (one on Linder Road and one on Cherry Lane) with standard vertical curb gutter and sidewalk to match the existing improvements. 13. Utility street cuts in the pavement on Linder Road and Cherry Lane will not be allowed unless approved by the District Commission. 14. Submit any proposed development plans/building plans for this site to the District for review approval. 15. Restrictions on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. 16. Other than the driveways approved with this application, direct lot or parcel access to Cherry Lane and Linder Road is prohibited, in compliance with District policy. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the Development Services Supervisor. The request sh_a_ll specifical id n i each re~nir .ment to hP recnnsid reri anri inrl»~p a wr;trpn ~gplanation of why such a requirement would result in a substantial hard hip or i1X. Requests received prior to the date scheduled for Commission action shall be rescheduled for discussion with the Commission on the next available meeting agenda. 2. A request for an appeal of the Commission's action shall be made in writing to the Development Services Supervisor within 15 calendar days of the action and shall include a minimum fee of $110.00. The appeal will be scheduled to be heard by the Commission within 20 calendar days after receipt. The request for appeal shall specifically id n i each reauiremenr to hP recnncirlereri anr~ incl»~jP a writtan - - - ~planation of whysuch a requirement would result in a ubs aerial hard hips 111~4>dl)iX• 3. Aright-of--way permit must be obtained from ACHD for any street or utility construction within the public right-of--way. Utility cuts should be combined where practical to limit pavement damage. Utility street cuts in roads paved within the last five years will not be allowed u le approved by the District CorrLmission Contact Construction Services at 345-7667 (with file number) for details. Page 7 MRZ 1195. WPD ~~ 4. Submit site drainage plans and calculations for review and appropriate action by ACHD prior to issuance of building permit (or other required permits). The proposed drainage system shall retain all storm water on-site and shall conform to the requirements of the city or county having jurisdiction. Public street drainage facilities shall be located in the public right-of--way or in a common lot owned by a homeowners association set aside specifically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage lots and their use restrictions shall be noted on the plat (when applicable). 5. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when driveways are not being shared with the adjacent property. 6. Construct pedestrian ramps on the corner of all street intersection in compliance with Idaho Code, Section 40-1335. 7. Dedicate up to a 20-foot x 20-foot right-of--way triangle (or appropriate curve) to keep street improvements within the public right-of--way at all intersections abutting and/or within the development prior to issuance of building permit (or other required permits). 8. Continue existing irrigation and drainage systems across parcel. 9. Continue borrow ditch drainage abutting parcel (culvert may be required). 10. Provide written approval from the appropriate irrigation/drainage district authorizing storm runoff into their system. 11. If street improvements are required, locate obstructions (utility facilities, irrigation and drainage ditches and appurtenances, etc.) outside of the public right-of--way. Authorization for relocations shall be obtained from the appropriate entity. If determined by the District, existing irrigation facilities may remain in the right-of--way with District review and approval of easements recorded for future relocation at a later date. 12. Locate proposed sign(s) out of the public right-of--way and out of the clear-vision sight- triangle of all street and driveway intersections. 13. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross-street. The stop sign shall be installed when the project street is first accessible to the motoring public. 14. The developer is required to install street name signs at the locations approved by the Ada County Highway District. Purchase street name signs, sign poles, and mounting hardware from ACHD's Traffic Operations Department or an approved outside Page 8 ~iRZ 1195. WPD ~,i e supplier. The District will not manufacture street signs until a copy of the recorded plat showing the recording data has been provided to Development Services staff. 15. Provide a clear vision sight triangle at all driveway and street intersections. Within this triangle no obstruction higher than 36-inches above the top of pavement will be al- lowed, including but not limited to landscaping, berms, fences, walls or shrubs. The triangle shall be defined with the long leg measured 200-feet to 540-feet (depending on speed limit) along the centerline of any road; and the short leg measured from the curb line of the road 20-feet along the centerline of the intersecting driveway or street (see District policy Figure F7). Provide notes of these restrictions on the plat/site plan and street construction plans. 16. Submit three sets of street construction plans to the District for review and appropriate action. 17. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 18. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 19. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 20. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 21. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Page 9 vIRZ 1195. WPD APA ~ TO: FROM: DATE: SUBJECT Ada Planning Association 413 W. Idaho, Suite 100 Boise, ID 83702 (208) 345-5274 Fax (208) 345-5279 Serving Governments in Ada County Since 1977 Shari Stiles, Planning & Zoning Administrator City of Meridian ~ _ ~ 2~ ,.,_ Mary E ardison, Technical Analyst May , 1996 M-1-96 (MRZ-11-95) Cherry Lane ~ Linder Road ""',~~~-- APA has reviewed the proposed rezone at northeast corner of Cherry Lane and Linder Road. We have the following recommendations. Destination 2015, the Regional Transportation Plan for Ada County designates Cherry Lane and Linder Road as minor arterials. Cherry Lane has five- travel lanes, bike lanes, and sidewalks adjacent to the subject property. Currently, Linder Road is not improved. It does not have curbs, sidewalks, or bike lanes. The adopted transportation plans states that arterials will be designed for the needs of the vehicle, bicycle, and pedestrian. APA recommends that Linder Road be improved to include both sidewalks and bike lanes to provide safe and convenient facilities for pedestrians and bicyclists. This shopping center will generate both pedestrians and bicyclists traveling to this site from the residential area surrounding it. The bike lanes should be constructed to Ada County Highway District's street design standards. In addition, other design plans for Smith's as seen by APA staff had a walkway from the shopping center through the parking lot to the sidewalk along the roadways. APA would like to commend Smith's for incorporating this design feature into their site design. It provides safe access for both bicyclists and pedestrians from bikeways and sidewalks in the street right-of-way to the shopping center. This eliminates hazardous conflicts between vehicles and pedestrians/bicyclists. Not many retail shopping centers provide this safe haven for pedestrians and bicyclists through large parking lots. The proposed site development plan received by APA does show a walkway linking the sidewalk on Linder Avenue to the shopping center. However, this walkway feature is not shown linking the building with Cherry Lane. We recommend that a walkway be constructed between Cherry Lane and Smith's shopping center. The proposed site development plan also shows a future building at the southeast corner of the property. To provide a more pedestrian-friendly access to this future building (e.g., by minimizing the mix of vehicle and pedestrian traffic), we recommend that a sidewalk be constructed from Cherry Lane and Linder Road through the landscaped area to the future building. Should you have any questions regarding APA's recommendations, please contact me. MH:JL\m h\devrev\meridian\m 1-96 pc: Karen Gallagher, ACRD Mike Wardle, Smith's (Boise) Ada County Highway District, Ada County, Cities of Boise, Eagle, Garden City, Kuna, and Meridian Boise Auditorium District, Boise Independent School District, Meridian Joint School District, and Boise State University Equal Opportunity/Affirmative Action Employer Printed on Recycled Paper May 1, 1996 Meridian City-Rural :~~° _~ Volunteer Fire Department 716 Meridian St. - Merldian~ Idaho 83642 Phone (208) 88&1234 Mike Wardle 50 Broadway Ave. Suite B Boise, Idaho 83702 RE: Linder Falls / Valeri Place /Smith's Food Store Dear Mr. Wardle: This letter is in response to your letter dated April 30, 1996, requesting that a gate be installed on W. Emerald Falls behind Smith's Food Store. As the Fire Department has stated in the past, we would prefer that this street be left open for access and use. If this is to be closed then we will require that grass blocks with breakaway posts be used. The Fire Department will NOT allow a gate to be installed as it causes a problem of access and use by the Fire Department. I hope this will answer your question at this time. If we can be of any further help, please call. Sincerely, ~~/t~~ Raymond L. Voss Fire Marshall Meridian Fire Department .~. t 50 Broadway Ave. Suite B, Boise, ID 83702 Jurie-13, 1996 Wardle & Associates TO: Carl Sudbury -Smith's Sharon Litzebauer -Homeowners Kirk Randall -Great Basin Doug Kowallis -Quest Terry Scofield - TJ Scofield Gene Smith -Hubble JoAnn Butler - Spink•Butler Telephone: 208-344-3448 Fax:- 208-344-3922 3 pages faxed fax 801-974-1628 338-1026 801-521-9551 322-5910 343-9630 378-0329 388-1001 FROM: Mike War RE: Smith's Meridian Store #129 / Ada-County Highway District Action bast night the ACRD Commission approved the most creative solution to the Emerald Falls Drive issue that I have seen in a long time. The attached sketches illustrate their decision:' • Construction of a culdesac with a landscaped island as a visual "barrier"; • a "traffic calming" S-curve at Linder Road, also: a visual barrier with a waiver of their curve/tangent standard; • a "choker" connection from the eid of the existing street to the culdesac iri lieu of the emergency connection approved by Meridian; and, finally, • a commitment to consider deletion of the "choker" if cut-through traffic becomes - aproblem for the residents. If that should happen, the street would be replaced with the original emergency access connection. In my opinion, this solution and commitment provides-the residents with assurance that their concerns v~ill be addressed if the situation proves to be detrimental. At the same time, it provides a much safer access to Linder Road and the store. With this action, development of the store site aild the residential area should be able to move forward. I'll be happy to respond to questions. d ~ - .~ ~, 1 s 1 I ~ ~ ~ ~ ~ ~ ~ ~ ____ -e-- -____ ~ _,_..,. I ~---~ ~ I ~ °~ 3 B ~~ `~ ~ ~ ~ I------~ ~ t (-- ---- -Nt- I 1 ~ ~ ~ ~ V ~~ ~$ Dais ~,~ ,off ~~ -T~ ~~ ~ N --__ -_ s/g, :~~ ~ ~~ N ~ ~ v~ 3 i m _L.._..~._..~ ~ i y- N I ~ I I ~~ `_--~ - i A MICHAEL D. WARDLE Wardle 8 Associates 50 Broadway Avenue, Suite B Boise, ID 83702 Phone: (208) 344-3448 Fax: (208) 344-3922 FAX COVER SHEET DATE: ~~ ~ ' ~~ TO: ~ ~~~ FAX: O~ ~ ~T " ~~g l,~ FROM: ~'~VI~TI.~~ ~1-J~i2 i~C.~ RE: ~alitti Z T t~' S ~~~~i?-L`= Number of pages including cover sheet: Message The information contained in this transmission is privileged acid confidential and is intended only for the use of the individual or entity named above. If you have received this communication in error, please call the sender. APR 30 '96 13 21 208 344 3922 PAGE.01 50 Bruadway Ave. Suite B, Boise, ID 83702 Apri130, 1996 Wardle ~ Associates Raymond L. Voss, Fire Marshall Meridian City/Rural Fire Department 716 N. Meridian Street Meridian, Idaho 83642 RE: Linder Falls ~Valeri Place) /Smith's Foods Store Dear Mr. Voss: Telephone: 208-344-.3448 Fax: 208-344-.3922 via fax 887-4813 [hard copy will n~,t follow) Following the 4125/96 Smith's team meeting with you and the Meridian City staff concerning site design and construction issues for the proposed store, we received a written summary from the Linder Falls [valeri Place) homeowners of the meeting we held with them the preceding evening. Item #2 of the attached states their request for gating the emergency access which will be constructed of grass blocks for supporting the vehicles that may require access in the event of an emergency. The gate would connect to a stepped-down wall on each side [see item # 1 J. We request the City's written approval of, and direction for an acceptable style of gate and locking mechanism in order to proceed with the construction design of the walls and gate. If you have any questions, please call. Michael D. Wardle Attachments: Meeting Notes, Site Plan CC: Smith's Team Homeowners c/o Sharon Litaebauer APR 30 '96 13 21 208 344 3922 PAGE.02 aA Linder Falls Homeowners Meeting 4/24/96 The homeowners have discussed the site plan for the Smiths food store. We are submitting the following agreements or revisions as agreed upon: 1) 8' wa8 along the west side of the subdivision, continuing .along lot 29. this wall should stalrstep at the emergency vehicle access to match the front entrance to the subdivision. The wall should . continue east along Gfenfiefd Manor to Linder Rd. 2) Emergency access should have a gate (preferably wrought iron) with a padtodc, eliminating the pedestrian acxess through the vehicle access. The sidewalk from the subdivision to the west side of the store should become lanscaping,thus eliminating this walkway. 3)The well should remain and an easment be provided for subdivision maintenance. However, the pipe. must be moved east to Linder Rd. and turn north on Linder Rd. Approval of plans and construction by the subdivision -contact Bill Bennett 888-1659 4)A recorded agreement for the irrigation assessment of the parcel south of Gienfield Manor. This should include a ($100} latecomer fe9. 5)Lanscaping on the the west side to be 3" caliper trees. 6)Approval of a submitted plan for the park addition, including adding the childrens play equipment currently owned by the subdivision. 7)Drawing submitted -a bullnose turn around at the end of Emerald Falls Drive. The remainder to be grass and a 1/2 court basketball. Lot 10 may also need adjusting under this plan. APR 30 '96 13 22 20@ 344 3922 PAGE.03 I r ~,, ~ `" ~ ~f I ~~---~ ~ I' 1 I II r-~ { ~ ~ L-_-~ --7- - - -~- - - -~- - - --~- ---~. 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Ear•.•~ar SMITH'S PRELIM 1. Need square footage of asph t. 2. 1 tree for every 1500 S.F. 3. All required trees must be 3" caliper. 4. Berm sodded area. - Pr~r~, clt de~+ ( ~ ~ ~r"'`'y`5 5. Screened trash receptacle/area (screened wall?) ~a ~ N~ ~ ~',r ~i~/ ~ 6. H.C striping and signage. - /~~~ 7. Future retail pad will need to provide its own parking. 8. Lighting cannot cause glare on residential areas..-3~~ ~~ M mac. ~E.cE~vED ~/~'r~s BAR Z 5 199 ~ a~ CITY o~ ~~ERit~~~ d` ^d"z °~ , e -n-e- (~v'd~v~ C~ ~~~~ ~ ~o ~~ /V~-f~ u ; ~- Pry-~-~. C -~ 1 ~c~- ~-2_ a~y~v Cw~ `'67't . ~'/Vt VVVVV ~ ~~ ~-~ hey- u~ ~-t~,~ ~~e.~ ~~~ ~ c~. cc~~. cam- /V ~ ~a~-~s haU-~c- h~~--~- ~-t ~.e~-~ ~` LL~c2t'~ ~i~~-,~r~ar~i - ~$ y-S~z~ ~a7~ Gv~ ~hK 5~ MERIDIAN CITY COUNCIL MEETING: MARCH 19.1996 APPLICANT: SMITHS FOOD A DRUG CENTER ITEM NUMBER; 16 REQUEST; PUBLIC HEARING: REZONE REQUEST FOR 8.34 ACRES TO C-N AGENCY CITY CLERK: COMMENTS P 8~ Z MINUTES FROM 1-9-96 CITY ENGINEER: SEE ATTACHED COMMENTS !~ 5/`~~ CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS ~~ y/5 ~ CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW ~~~ 3/~~ CITY POLICE DEPT: ~ "REVIEWED" d~/j ti/~ 5 CITY FIRE DEPT: SEE ATTACHED COMMENTS 1~2/ f 1 I ~~ CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEE ATTACHED COMMENTS ~/~~- `~ SEE ATTACHED COMMENTS - a J ~~ I ti s Ail Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoning Commission January 9, 1996 Page 36 Johnson: Are there any questions of Don? Thank you, anyone else? Seeing no one then I will close the public hearing at this time. Hepper: Mr. Chairman, I move we have the City Attorney prepare findings of fact for this development. Crookston: We don't have findings on preliminary plats. Hepper: I move we approve the preliminary plat on this with the stipulation that the landscaping on Dove Meadows No:1 be tied in with the landscaping of Dove.Meadows_ _ _ No. 2 that No. 2 be completed before the final plat on No. 1 is signed off or that No. 1 is completed before the final plat on No. 2 is signed off. Shearer: Second ~_~. __ _ __ Johnson:. _ A motion on the floor has been made and seconded with stipulations to _ recommend approval of the preliminary -plat, all. those in favor? Opposed? _ MOTION CARRIED All Yea _a_ _.= - _ __ _ .-- ITEM #13: PUBLIC HEARING: REQUEST FOR REZONE OF 8.34 ACRES TO C-N BY SMITH'S FOOD AND DRUG CENTER, 1NC;: -- _ Johnson: I will now open the public. hearing and incite the applicant- or Mis representative- to address the Commission. ,:~ _ .- Mike Wardle: Mr. Chairman, I am going to propose to make the presentation from the side because of the exhibits that most of crowd apparently would like to see. So if you will (inaudible) ~~ Mike Wardle, 50 Broadway Avenue, Suite B, Boise, was sworn by the City Attorney. Wardle: Mr. Chairman, members of the Commission I would like to introduce some individuals that are here representing Smith's application this evening. Again I am Mike Wardle dealing with planning issues. David Neilson, from Smith's out of Salt Lake City, Doug Kowallis of Crest and Company, who is a real estate representative from Boise, Teri Scofield and architect from Boise that does all of their site architectural work, Joann Butler of Spink and Butler and attorney from Boise and Gary Funkhouser of Bell Walker and Associates also of Boise to deal with traffic issues. Several will speak, all are available to answer questions. We do our take our responsibilities seriously of providing information to the Commission and to the community in terms of dealing with the request for a change Meridian Planning & Zoning Commission January 9, 1996 Page 37 of zone. The parcel in question lies north of Cherry Lane, West of Linder Road, approximately 7.25 acres in size. The change proposed is to go from an existing R-4 single ..family residential zone to a C-N neighborhood business. The area in question lies in what might be described as the bedroom community of Meridian that being generally the western side of the City. The proposal by Smith's is fora 60,000 square foot front load store. I want to stress in terms of the front loading aspect, it means that there is no service to the store in terms of truck activity at the rear. All of that service occurs on ramps either in the front of the store with screening walls on both sides of those so that there is other than for purely emergency vehicle purposes there would be no service activity_ to the store at the rear. -The area in question -is somevvb-at interesting and unique in that there is already existing C-N zoning to the south with a Maverik station directly across the street on the corner, next to that are two other small C-N businesses, a Dominoes pizza and a car wash. There is also undeveloped C-N zoning southeasterly on the opposite corner of ___.. the southwest corner of that intersection.. The process that we have ~anslertaken _ _ _ _ Uetob~r~ wren we :met r~r-i~~s~,ffrsprese.atives of the City to discuss iesues of concern with that would need to be addressed by an application. We followed up that meeting in __ October with a meeting. at the Meridian Assembly of God Church on the 9th of November in which some 80 area residents came and expressed their opinions and concerns. ^w erncn~.th~soncerns.aacpresseddealt tar gely with- traffic, concern for crime, proximify~o the 5choo~s~and ro e --- _-- - _. p p riy_Yatues. , 77~ere wras.also some quiet support expressed that evenin 9 in written form particularly by senior citizens who live in the area that desire to have --- - services ctosar to -them. In response to some of the impacts there have- been some changes in the proposed site plan. Originally at that hearing the building was substantially to the _north with_,just a_buffer betw+een_the store. and existing Glenfield Manor residents. - We have moved the store southerly and proposed an extension of the public. street somewhat -.close- to the original alignment. Originally the preliminary plat for the subdivision brought it in about this point where it would connect back as it was platted in the first phase. By moving the store south and adding that street Smith's is proposing then to develop and addition 6 lots that would provide the buffer between the store and the _._ existing residents #o the north. :?hat buffer at the back ofthe store then would be a 25 foot ---tandscaped~rea-~again with note activity at the back and so the building height of 26 feet with a berm going up the back and then the landscaping both in terms of sod, ground treatment and a lot of vertical activity would provide a buffer betv+~en the proposed new residences in the back of that store in this area. This illustrates that 25 foot buffer. That is the same buffer, in fact this rendering is from a store that was approved in Boise across the street from an existing single family neighborhood. That was the solution that was worked out with those neighbors and the City staff to assure that there was buffering against those residences. In addition, the other side of the concern fhat the residents had expressed particularly those that were in the Linder Falls Subdivision area was what would occur between them and the proposed building. There are 2 options, the first is illustrated by a culdesac which is close to what was originally proposed in the preliminary plat Meridian Planning & Zoning Commission January 9, 1996 Page 38 . application. The second option would be the discussion with and possible dedigtion to Meridian of a 2.7 acre park. So those are the two options for the way to buffer existing residents in that subdivision, that is-two additional rows of houses or the possibility of a neighborhood park that can serve for other purposes in that quadrant of the community. Question concerning the schools related also to the issue of crime as expressed by some residents in the area at that point. One of the things that we assume is that there is nothing that currently precludes students from those schools to go to the Maverik store across the street or to get into their vehicles and to drive a mile to the. east to the Albertsons and other .commercial complexes in the area. While there is certainly a concern this is not something that is unique or would be aproblem because of a Smith's store at that location. Traffic issues will be addressed momentarily by Mr. Funkhouser of Bell Walker. Question of why there was on the minds of many of the people that we met with. Commercial services are predominantly located on the easterly side of town either in the Old Town area or to the southeast or further to the east. This is a ma-p that_shows.existing_c~mtnerr~lzor _~,__- _ some Z-0 parcels. end -af .course the schools -that -are in thearea. The only proposed commercial activity that. has. been.. discussed out here is the Albertson's proposal for a store at he corner of Ten Mile and Cherry Lane. That_is just exactly a Mile to the east of -, - -this:. application shown in the pink.- There are no neighborhood services of the type discussed nthe-Comprehensives-P-aa+~-ter-serge#his--Iart~e-bedroorrr~ammunity of Meridian Currently. The only thing that_is-available is the Maverik Station, the Dominoes flizza-and - - the car wash. There are some scattered items, there is a day care center here, there are a number of churches in the area. So there are services that are coming to the floor but - nothing of a commercial nature that deals with the neighborhood needs. Albertsons obviously,recognized-chat problem and need when they proposed their store a mile to the --- west. Now in comparing and contrasting the two applications -both smiths and Albertsons - _ abut residentiaL.Albertsons is contiguous #oParkside Creek and to the north of copse-the - - - long established Cherry Lane Village project. The proposed Smiths project is contiguous to_ (End of Tape) only Smith's of those two applications. is contiguous.to. other existthg_ C-AI~ zoning. Two of the other three quadrants of that `intersection are already established C-N - - zones. Only Smith's proposes to bufferthe existing residences with additional residences - - - or-a park-and take the risk that those units with the knowledge of the stores coming would be marketable. Only Smith's compliments the characteristic of a neighborhood where services are congregated at a transportation (inaudible) surrounding residences, schools and churches. Only Smith's proposes the potential of a neighborhood park to buffer that area if in fact the City is interested. I am going to just hand out an item for the record so that each of you can read. These are citations from the Meridian City Comprehensive Plan that address. I am only going to read one item from these two pages. The Meridian City Comprehensive Plan is generally silent with respect to changes or improvements within what t hey term as the existing urban area. It is a large area on your comprehensive plan map (inaudible) it does ^ct .show future facilities even though some of those facilities will be required. I would like to read just one paragraph that is sited here it is fran the Meridian Planning & Zoning Commission January 9, 1996 Page 39 comprehensive plan document of December 1993. It says and it is referring obviously to these areas that don't have the benefit of a proposed comprehensive plan some kind of - a bubble in-another location: And I quote "Within-the-community there are unique neighborhoods which comprise the Meridian urbanized area. Only a few of these have traditional neighborhood characteristics. Others are essentially developing districts and contain some elements of traditional neighborhoods. But at present they lack nearby schools, churches and commercial support .services. In time the developing districts will become neighborhoods as the community continues to expand and develop neighborhood facilities and services." I would like to conclude my comments by just taking one last look a this zoning map that demonstrates how this proposed application and actually works to complete elements that are considered in the Comprehensive Plan and articulated in those two pages to provide neighborhood services on sites ranging from three to 8 acres as a neighborhood shopping center is defined. Where the concentration actually is already begun with C-N zoning on two of the four quadrants of that neighborhood with other vacant _ ,_ land around it that could well in the future-tie coming to the City for changes of zone. It is also a location of where buffers -can be provided. A neighborhood center is already established. I would-like to have Mr. Funkhouser of Bell Walker Engineers talk to traffic issues briefly then I believe that Joann Butler has a few comments and at the conclusion of the public testimony we request the opportunity to respond. Thank you. _ __ Gary Funkhouser, 827 La Cassia, Boise, was sworn by the City Attorney. Funkhouser: Again, I am a transportation engineer with Bell Walker Engineers and we prepared the -traffic impact analysis for the proposed development. The analysis was based on the 60,000 square foot shopping, or the store with one out parcel. The estimated :trip -generation for. this site will 6600 trips per day.- Now, the trips are;- there are #hree types of trip making when you do an analysis like this. One of them is primary trips, that is a trip from a residence that is heading directly for this site. Then there is a diverted link trip where by you are travelling down another roadway and you divert over to this site and then head back to your next destination you were headed. Then there are pass. by trips where you were current}y on the existing roadway and-you tum into-the site and tum our-and continue on your trip you are already on that roadway. Naw, the new trips to the site are primary trips and diverted link, in other words those are other trips that will be coming to this site aren't currently headed in that direction. Pass by trips are estimated for this type of development at approximately 50% of the 6600, in other words approximately 3300 of those trips are already on the systems that are already going by this site. This also doesn't give you a true picture even though those other trips are going to be destined the primary trip and diverted link are going to be destined for this site some of those are already currently on this roadway headed for the existing shopping that is available for them. In other words the only store of this nature the center of this nature is down at the Albertson's site therefore the people in these areas and some of these are already on that Meridian Planning & Zoning Commission January 9, 1996 Page 40 system. So, it really doesn't give a true picture but there is noway of estimating how many of those are going by this site already that will get to the Albertsons that will actually be stopping short of that and changing trip patterns on certain sections of the roadway. There was some concern about the schools, in other words what the trip making characteristic of this will have on children. going both to the high school and the junior high. During the a.m. portion in other words around the 8:00 o'clock time less than 2.2% of the trips are ___ . generated totally during Phis site will be coming there during that time frame or less than 120 trips at the 7 to 8 time frame when children are going to school. In the afternoon that is about 6.5% of the trips are heading for this site when children are going to and from -their-3:00 o'clock dismissaTtime.. Ana~again tTiose same trips! some of~ie-same~trip~~are already currently going to the shopping that is already available on Cherry and Fairview Avenue. The roadways: tJaat-are. serving the site are both arterial ~~oadwa~rs-, -they-arQ-both. - minor arterials, one is a five lane and one is a three lane. The existing capacity or the ~~..~.~:~~~existing..leve!_of .sen~ice.,~attt~this.~ate~ec~ton~s.a.leac~l of.senuce..C.~hich.~s_.___ _~r~ ~,b~th .-- - -_- __ _ --- .__._ a.~ -..~_..__b~i .A~ Count Hi - y _ ghmcay.~i•str~ct_~hat is-#Iaeif level-o# service at this..intersectioa It .will remain- a level of service C when this thing is completed. The change in average delay by - addition of this is average delay of one extra second per vehicle on an averag_ a because - of the addition of this site. Unless you have any questions that is what I have to report at -~hlstime. _ --- - --- - ___ .- _ - _ _ _ Johnson: We may have some questions but we will listen to the entire presentation and _. __ _ gee v~hat we have. - =- ~. - --- __ _ _ _ _ - - -----Joann Butler, 607 N. 8th Street, Boise, was sworn by the City attorney. Butler: What I have just handed out to the Commission was a set of findings for approval for the Commission to peruse at tonight's hearing as they make their deliberation and vote tonight whether to not to approve or not the rezone. And also for use by the City Attorney as I know the Commission will direct the City Attorney after they take their vote tonight to prepare findings of fact and conclusions of law. What we have done with those findings for approval is taken the criteria this. commission has to assess in connection with. any rezone whether it be this Smith's site or any other site within in Meridian. Those are found in 416K of the zoning ordinance, listed them out and provided you the information t hat you need to make those particular findings. That along with the other verbal and written and verbal testimony that is presented to you will enable you to make the findings that you can rezone this site to C-N neighborhood business in compliance with the comprehensive plan. I am very pleased to be here tonight on behalf of Smith's representing them in Meridian. I worked a little bit on the comprehensive plan on behalf of some other clients back in 1993 and was able to see Meridian in its process when it went through and tried to define what it meant by its various goals and what it was trying to accomplish. And back in 1993 Meridian clearly was trying to identify maybe stemming from its last comprehensive plan Meridian Planning & Zoning Commission January 9, 1996 Page 41 when you tried to identify neighborhoods. Meridian in 1993 really made a concerted effort to try and define what it meant to be a neighborhood not just a residential area here, not just a commercial area overthere buf what it meant to integrate and what it would take to make that integration possible. One of the things you did and the particular passage that Mr. Wardle read out of the comprehensive plan that some neighborhoods throughout, some residential areas throughout Meridian presently lack facilities, presently lack commercial facilities but the City would .do .what it could to encourage and promote commercial facilities and other facilities in and next to neighborhoods so as to promote identifiable neighborhoods. ..Places .where people could walk, more readily, didn't necessarily have to"travel so far in their car to create that sense of neighborhood. Just a little anecdote I happen to live in an area that was once might have been perceived as a sea of-residential. A large supermarket, not Smith's moved in just down the way. There was a lot of consternation, neighbors were concerned, they brought up a lot of good __..v. ,.~.a~~.,stiffs.:~i..:.a-1~t,-L~..gc~,s~.~rrr~S..;:~hey.:met... with__tt]e_~~,Y~I~Q~t,....S~tP~ p1~f1~S_wer~_u._. _. __._ _ changed a bit, it didn't alleviate everybod~'afears always, but now it is several years later. My neighborhood what has happened is it has turned out to be in someways a public - - place. -A-place where neighbors didn't see each other because they were in their cars now have a place where they -can recognize, sometimes talk to each other, it "is an ifien~ifiiable -- - _ _ _.. __ :place and it he#ps-that-neighborhood-become a neighborhood.-The site ie intended tt~ tie _ _ __ _- __.___ developed~unde~ alt -the -ex4stin~ regulations found in your zoning ordinanee=~-- ---"- --- subdivision ordinance. We have pointed that out in those findings of fact beginning on ="~~--- -~-page#ouf of those findings #or-approvakwe list flat ail of the goals of tt~e=-eherrsive--_______._. plan. Each of which-encourage, and support this rezoning. This rezoning next to a --- residential=area at atransportation.raode~thatwill help provide the community services that a neighborhood needs. Again. that continuing theme happens throughout the comprehensive plan: It is summarized on page 6 of the comprehensive plan that again residential areas only become identifiable as neighborhoods as they have the other facilities that they need. In keeping with State law and Meridian's ordinance the rezoning of this site will implement the goals of the comprehensive plan. So we do believe that - --- these findings, the written and verbal testimony that you have before you can lead you to direct the City Attorney to-prepare the findings to approve the rezone of this site. Of course State law does require that the deliberation of this Commission and the decision whether to approve or not a rezone has to be made here tonight in a public hearing. With that re respectfully ask the Commission and vote tonight to recommend to City Council that this site be rezoned to neighborhood business and then to direct the City Attorney to prepare findings of fact. If there are not any questions I will leave it I guess open for public testimony. Johnson: Mr. Wardle, did you have anyone else that you wanted to testify? Wardle: No Meridian Planning & Zoning Commission January 9, 1996 Page 42 Johnson: Does the Commission have any questions they would like to direct to any of the people who spoke on behalf of Smith's at this time? Oslund: I have a question regarding the traffic study. You talked about the different kinds of trips that are generated, in aggregate of all the trips that visit that site how many are new trips and how many are trips that are simply diverted trips? Funkhouser: We didn't calculate the diverted, all we calculated was the pass by which are .(inaudible) trips existing_in the areaand that is that 50% of them are pass by trips already on the system on Linder and Cherry Lane. We didn't calculate diverted link. Oslund: Would it be fair to characterize that because this is a smaller grocery not a regional facility like a home base or a home depot that draws traffic from other traffic zones _~.~ __ a....~_,~_:~.that for.the most part yrou are ~,~irips.rather-~han_creatin~ne~ #r~ps2~.~- -~ .~;.~. ,,,1_ Funkhouser: Well for one thing you are going to be diverting trips from an existing __ Albertsons stove. In other -words. people in this area-have very limited shopping-for of #his - -- -- - type in this area. Unless they are stopping by Fred Meyer or another Albertsons on their .,.way home if they work in the Boise-area they are shopping at an Alts~'s`~er~ ~, - -=- ---___ _-__ -. _ --.__ _r- essence at this point they-~fe gatng to be sharingtrips inrith°Atbertsons S~thB~a~ not all new trips for shopping they are just new trips coming right to this area right here. It is hard to calculate how manywoUld t~ave-t~~rti-going fiere-~nzt row w~ ale going o fhis area So we have to when we analyze it using ACt~D standards we have to-calculate them - - _ - as riew #rips to the area: They are diverted from another store and from. different_roadways. 1 ---- - _ ~slund: That is what l was getting at, this is a neighborhood store, it is not in my mind anyway, it doesn't appear that it is going to pull trips from outside Meridian that already are coming .here to go shopping. Funkhouser: No, the normatzone-.that. you analyze this is two to three miles from this site .-___. __ is the normal .drawing area for this type of a store, : _ . Johnson: Any other questions of Mr. Funkhouser? Any other questions from the Commissioners to any of the people representing Smith's? At this time then I will open the public hearing or continue the public hearing which is already open and ask that anyone form the public would come forward and address the Commission if they have a concern. Paula Devaney, 1703 W. Sunnyslope Drive, was sworn by the City Attorney. Devaney: Mr. Chairman and Commissioners, having reviewed the City's comprehensive plan extensively myself and back in September and October having the occasion to speak Meridian Planning & Zoning Commission January 9, 1996 Page 43 to a lot of Meridian residents two things I know are clear one is that the City needs additional neighborhood services and we need additional parks and recreation. In the - --campaign for our new Mayor and City Council that was prominent in their promises that we would get additional community commercial development and they would try and work on parks and recreation. Smith's I think has an exceptional plan here, they have a good commercial neighborhood development. Since the original meeting with the neighbors they have come back with what I feel are very generous concessions. Every item that we heard tonight on your agenda with the exception of the library was houses, houses and more houses. This plan gives this Commission and the City Council a chance to maybe set some precedence here and develop a partnering with Smith's. At the neighborhood meeting for instance we asked representatives from Smith's about that park site. Rather than just set land aside .for the City because. the City has land set aside everywhere we don't have money to develop it. Would they take it one step further and develop that into ._,...:-. .. ~~ .park, ih~ P.ol:ice Athletic League said #ttey would like to get more.yo~tk~~inaolved_~_ _ ~..~ --_ -reducing crime but-they-dor}'t -have en©ugh soccer fields. Why not partner with Smith's and build that into soccer fields. The representative from Smith's said they would be willing to - -Kook at that option. As it stands now if you develop that in residential you are going to have 36 more houses, I think is what it was originally platted for. That is going to increase the --_ -------#raffix;~-thatrts-going to increase the burden cut schools: A personal note on the traffic, I-tye - __ - _ ~....~ ::_ _...A _;_ -south of-C~herry~Lane ors LiFlder, whenever f-have to buy groceries I have to drive through -- _ the middle school traffic zone and then back. home. Usually .since I forget everything (inaudible) my husband has to go back through the school zone and-back for_somethin~_. __ that we have forgotten. Just as a personal thing I know for our subdivision the Vineyards =_ that a lot of that would come. down-irt #act nmst-©f-~ae time we could walk to the store. Also additionally we are looking for more park space and we do need park and recreational space very badly in this City if you develop the lot into homes and if you want to address well we will put impact fees on it. Thirty six homes would just generate just over $14,000 in impact fees, that is not even enough by the City's calculations to develop one acre of park. Here we have Smith's willing to and whether we make it contingent or get a further 'commitment-from him to get 2:7 acres in park (and. I just think` this is a really great opportunity for us to set a precedence to start doing some partnering with our developers and getting what the City wants as well as what the City needs. Johnson: Any questions of Paula? Anyone else from the public that would like to address the Commission? Pam Bennett, 1963 S. Silver Falls Court, was sworn by the City Attorney. Bennett: 1 am nervous so this might be rough. We are opposed, I have 160 signatures from people in the area, homeowners in the area that are opposed to Smith's moving into our area. These are just homeowners surrounding Linder Falls and Cherry Lane. First I Meridian Planning & Zoning Commission January 9, 1996 Page 44 would like to say we don't need another grocery store in the area within a 3 mile radius there is already going to be 3 supermarkets two of which are being under construction or - - in the process of being under construction. They are all in already zoned commercial areas. We are not opposed to Smith's we are opposed to the rezonirg and the location that Smith's has chosen. When the people purchased their homes they knew where the commercial properties were. The rezoning of the second phase of our subdivision from commercial, residential to commercial would be devastating to our property values. No one wants a large supermarket in their back yard especially one open 24 hours a day with noise, the traffic, the crime and the large lights that will be on most all of the time. Linder Falls formerly known as Kastle Falls has already has it problems attracting people to purchase homes because of litigation and foreclosure between former and present .owners. We finally get that resolved, a few homes have been built and some sates of existing homes have been closed and now comes in Smith's proposal. Again construction and sales of lots have_come to a standstill We_~vhQmQS tome b~LteC~d sold for and. _ -.___.-_. __ _ of the property owners in -our subdivision to try and get any equity at all let alone lose money. I personally have been in this type of situation before and it took over 2 years to sell my home and we took a $30,000 loss on a $100,000 home. The location wasn't desirable anymore and because of the traffic, noise and pollution. We purchased our lot _- _ _-- __~d-built-our homein tinder-Fatis-ir~f4tteridian-because-welike thE::iivahility aspectof-tt~ - -- - area.- It is close to all the schools-so-that when my daughter becomes of age she wifif be able to walk to school and participate in school activities. Our subdivision also has strict CC&R's which were very attractive to us and our lifestyle. Just a couple of examples, - Article 11, Section - 2.3, nuisances ,and offensive activities end -no commercial - activity. - - - - _ Section 2.19 on exterior lighting, no exterior or interior lighting shall be placed to cause glare, excessive light spillage onto neighboring lots. Remember Smith's is proposing this site of phase 2 of our subdivision. It would be violating all the CC&R's that we believed in and complied with when we built our home. Virtually making all of our CC&R's worthless. Linder Falls wasn't the only one to suffer, there are many subdivisions around the area that will suffer as well. Our home is approximately 314 feet from the proposed site and we are one of the farthest away. Many of our neighbors are much closer. Should we compromise our beliefs and values in raising our families for a business to come into our subdivision to make a profit at the homeowners expense. I think if Smith's wants to get into the residential property business a solution might be to buy the homes of the people who this proposal would directly affect negatively and we know that is not going to happen. Please in making your decision consider what is more important quality of life for residents of Meridian or big business making a profit. We are an organized, concerned and serious taxpaying group of homeowners prepared to fight Smith's rezoning proposal. And we will do whatever it takes for our subdivision to be kept as it was designed and. proposed to use when we purchased our homes. If Smith's is having trouble finding suitable commercial we ~s i_inder Fails residents will be happy to find a good commercial realtor which can put them in contact with commercial zoned locations. Thank you. Meridian Planning & Zoning Commission January 9, 1996 Page 45 Johnson: We can't have that, that just delays us and it upsets us. No more clapping okay. Shearer: Can we ask her some questions please? Johnson: Yes, return to the podium please. Shearer: Whereabouts is your lot that you live at. Bennett: 314 feet directly Shearer: Which street is it on? Bennett: West Silver Falls Court. our backyard faces Cherry Lane. Shearer: So you are down on the culdesac? Bennett: Right _ _ ___- _ _ _ _ __ _ _ .__~ _ _. Shearer: I find it hard to believe #hat_commercial property that far away from you vvill affect _..~_ __ ____your-s~-l-can-see~vl~ere,+t-weutd--a##eet-some of the others-but I don'f see where it could- -___ affect yours. Bennett: We have a group of three speakers and I am one that was chosen. Shearer: Thank you Hepper: Do you have a copy of the petition or signatures? Bennett: Yes I do Johnson: We need that for the record please. Crookston: Do you have a copy of your covenants? Bennett: I didn't bring one tonight but I would be happy to bring one for you. Crookston: Can you bring it down to the City Clerk? Bonnie Bradshaw, 1909 North Cool Creek Avenue, was sworn by the City Attorney. Bradshaw: I am new to the area and I haven't studied the comprehensive plan of Meridian Meridian Planning & Zoning Commission January 9, 1996 Page 46 but I picked Meridian because it is a bedroom community to Boise. From what I can tell I have lived in bigger cities and have seen things go on, I think it is really good that Smith's wants to come to Meridian and enter into it because it will make our food prices better, but why do we have to have it on Cherry Lane. It seems Meridian is, downtown Meridian and Cherry Lane and everything is there. Why can't Smith's go up to some place in Ustick area where homes are (inaudible) commercially zoned. Like I said I don't know what your comprehensive plan is but it would seem that would be a little more viable to me to the neighborhoods needs instead of just making two big thoroughfares with stores why not spread it out. If Meridian is growing like it is there is going to be the need for that those other stores. I have a question, when is this other Albertson on Ten Mile due to open is that very soon. ^- ... ___ Johnson: We don't know their plans for opening. They have been approved for about a _._ --- _ _ __-__~_ _._..a.-----Y,---~- Bradshaw: The thing is people-pick the communities they are in because they don't mind driving, l-mean to-drive-a-mile#o the store is not-a big-deal. If we are going to have one Albertson's is going to be a mile away if you live at Cherry and Linder and another one __i~~e---other direction at seems 1~Ice;--We firave-Ffed ~Aeyers doing-its end-~a#ly-~----- Waremart in the other area. Why can't we move, have Smith's go somewhere offer Sian- - Cherry Lane and that is just basically my thoughts. _:;_ _ _ ~..____-Johnson: Thank ou Bonnie an -~ ~ ~~ y y questions of Ms. Bradshaw? Anyone else? Shelly Monks, 1679 West Sunnyslope Qrive, was sworn. by,the City Attorney__ _._____ __ _ __ _ Monks: I don't have a huge speech prepared and I don't have a list of 160 names. What I do have is a list of 14 names that I collected in support of Smith's on my block alone. Do you want that now. I Johnson: Please, if you want a copy we can give you a copy. Monks: I grew up with Smith's I think Smith's is a great store. I would like to see one on the corner it would make my shopping easier. I have three small children and to walk to the store with them would l;e much easier than climbing them all into a car and driving a mile down to Albertson's. Albertson's is extremely crowded and I would like to see more opportunity for us to do our shopping than just one place. I can't foresee with my children going into school that it would create a problem for them to get to school or from sc'-~;~:. Our community is growing, we are getting more homes and more homes and more homes and no place for us to go to do our shopping. What people have to unders`= - ~== ° = == ° =: =: growing community and whether people like it or not it is going to happen. I would like to Meridian Planning & Zoning Commission January 9, 1996 Page 47 see it convenient for me and on my corner rather than two miles away where I still have to travel. Johnson: Any questions? Thank you, anyone else? Dee Ray Olsen, 2186 W. Santa Clara, was sworn by the City Attorney. Olsen: I don't have a tong speech prepared or anything. gentlemen, I don't want to take too much of your time. I am excited with the prospect of Smith's moving into that location. I can walk to them to the store and meet my neighbors as I go to there. For about seven or eight years I lived close to the north end of Cole Road in Boise while Smith's located at Cole and Ustick. I used to walk to their store many times and found them to be good neighbors with their stores well maintained and lighting and that sufficient so that there were not problems m the parking lots and- that. because people- came and _lef#. They are __ z-- - a-~oodneighbo~ and I think we would enjoy having them in the neighborhood. Thank you. Johnson: Thank you, any questions? ' Kristen_,Miller~_ 1749 W. 10th-i_was sworn byae City Attorney. .. ,M Miller: I was one of the volunteers that went around to get the petition sign_ ed and most of the-people-i-talked to are in favor or Smith's but just not at tFtatloca~ion: ~7e chose that~~mT _ ,F.^~. ~_____--, ___~_.~..area ~ GleRfield~Manor have-~ati +e #here. There are a -lot of things l -donTwant-_ _. __ -~ to repeat but :as far as Smith's being so concern_ed_for us shopping how far we have to -. drive and things obviously we knew where we were buying, we didn't know that another Albertsons would come there or a Fred Meyer and we chose to live there. Some other things, I have two little boys and some things that need to be considered in the summer the Meridian High School puts on all types of summer events. Children are riding their bikes and walking to and from all coming from Glenfield Manor that way. Now I drove my _ boys because whey were. small but I promised them that this year they are a little older they - -will be. able to-walk and they will have to go right by Smith's. So-now they are not going to be able to. The High School puts on those events. Now think of all the children that are going to be walking and riding their bikes to and from there so that is going to (inaudible). A library is going in and I am assuming the library is for all the public and children. The children are going to be walking that way from Glennfield Manor, that is going to be endangering our children. Our children are not going to be able to walk to the library that we all just voted to pass a bond on. Some other thing that I am very concerned about, as far as Smith's coming into the area would be wonderful but I don't understand why they just can't go to another area as far as dawn to Ustick, where there are no homes developed. Let those people choose to live by a grocery store. We did not choose to live by a grocery store. Also I live in Glenfield Manor off of Linder and Sandalwood. I want to Meridian Planning & Zoning Commission January 9, 1996 Page 48 be able to get out and go to work in the morning. I want to be able to get out onto Linder at different times of the day. Right now it is even hectic so I can imagine when that store is put in there what the traffic is going to be like. Now when my boys get older I would like them to walk to the middle school. In the moming it is dark and with the traffic and trucks coming at all different, I know they said about 8:00 o'clock in the moming and things like that there are early release days there are all different kinds of days where kids are going to be coming. I drive by that way in the moming .going to work and ! go down Cherry Lane and they have it 20 miles an hour for cars coming and going. There are kids that just dash across that street all the time. So I think if we are considering what is good for Meridian I think we need to consider what is good for the children as well and their parents and we will all go shop at Smith's if they go and let us come to them. I don't think we should be forced to have them in our neighborhood. ..Shearer; Is there a sidewalk. along_this property on Linder at this-time? Miller: I don't think there is right now; no there is not. -_ _ _ __ Shearer: If appears to me that-when there is a sidewalk there they will be safer than they --- - :are .right =now. - Miller: No they won't, I don't think, I understand that the people in the Vineyards are very much for this, Ican-understand that. Buf it is not on their side and that is why there arr?=sn - _ _ many people-in Glennfield and tinderFaltsthat-are opposing-it. I thank I would--wantit-if _it were_on the Vineyards side too maybe:-That is just my opinion: ff my kids are walking to school there is going to be drive ways going.. ni9_Smith's to cross_and there are going to be trucks and traffic going in there and with the growth of Meridian I think we as homeowners and taxpayers can make the decision to drive. I go to Costco so that really probably blows their mind I guess because it doesn't really matter to me. .,... Shearer: When they walk today where do they walk? _. _. . Miller: Linder elementary. Shearer: Do they walk in the street? Miller: There are no lights, no stores no commercial area in that way. Shearer: No, but they have to walk down that street and you say there is no sidewalk. Miller: They don't go to ~ha middle school yet, they only go to elementary school. I am talking about the future. But I am talking for this summer the high school does offer all types of events for fifth grade and under. I don't know if any of you have driven around in Meridian Planning & Zoning Commission January 9, 1996 Page 49 the summer and just seen bikes and kids and it starts at 8 in the morning and goes until noon. They are just back and forth and back and forth because there are all different times that classes start. Now that you have the library going in here I think you need to consider the extra added traffic that is going to put on its street which I think the library is great but there are going to be kids walking, adults walking and it is just going to be too congested. That is all. Johnson: Thank you. Dan Barkini, 1745 West McGlinchy, was sworn by the City Attorney. Barkini: First I am not against the Smith's food store chain itself, I would welcome the competition between supermarkets. I am against the rezoning of the northwest corner of Linder and Cherry to anything except single family residences. Those of us wha purchased homes here and knowing that the property around was also zoned for homes. I am very _ concerned about increased traffic, wehave three schools in the area. Linder elementary, _ Meridian Middle and Meridian High School involving thousands of students. This area has . _ no bus service. In the morning there are students walking, riding bikes and driving cars. __ _ . The students who_watk or ride bkes,_across Linder and Cherry-streets not-only at-~h$ - - -- __ ._ _....__ ___ cornErs-but~he~iddle of the street. As you mow they where a lot of dark clothing ~an7c are ~ T"'~~ very hard to see in the morning. They do not have lights on their bikes and ride fast darting - in and out of traffic causing dangerous situations even now without the increased traffic. _ Qne morning 1was-taking my-son to school when it was still dark and there was snow on the ground. A student was riding his bike in the snow covered bike lane with no lights on the bike wearing dark clothes trying to maneuver his bike through the snow. With increased car and truck traffic what could happen. The proposed street that would be in the rear of Smith's would increase traffic on Kastle Falls Avenue. Drivers will use it to avoid the lights at Linder and Cherry. The street will also be used as entry and exit from the parking lot. The street will change from a residential street to a highly travelled side ___ .,street,,... This in__turn will make ,the :proposed-six.new residential-lots less desirable and make the existing homes very undesirable as residences. What type of single family residences are they proposing, and if they don't want to build they can buy our house which is right behind the proposed new buildings, new houses. Will we be able to get out of Sandalwood and other streets onto Linder safely and easily. Noise, we had a business by a supermarket, supermarkets have lots of their deliveries before 8 a.m., bread, potato chips, beer, soft drinks just to name a few. They also have their own 40 foot plus diesel tractor trailers making deliveries. They are r~isy and their emissions are smelly and dirty. Supermarket parking lots are also power vaaaxned, this is also done in the very early a.m. We now have a quiet neighborhood, if this change is approved we will have noise 24 hours a day caused by the increased traffic 24 hours per day. Truck traffic, street sweepers, air conditioning, refrigeration and freezer compressors. The garbage Meridian Planning & Zoning Commission January 9, 1996 Page 50 compactors have hydraulic pumps and motors which are noisy. Late afternoons and weekends will no longer be quiet in our neighborhood. This would also apply to a soccer -field with the increased traffic and parking at the soccer field. There will be an increase in trash all around the area. Parking lot lights and rear security lights because we are right behind the building will be on all night shining into our bedroom windows. Would the back of the store be nicely landscaped and into the shade for most of the afternoons and - evenings what better place #or people young. and old to sit and smoke drink beer and throw their trash out and drive home while the area children walk home from school or play in their yards. Again making the area a less desirable area to live in. That is it. Johnson: Thank you Lisa Johnson, 1970 Emerald Falls Court, was sworn by the City Attorney. Johnson: In Mr. Wardle's presentation, he stated that Smith's was willing to take the risk of developing some residential lots there, therefore stating that there is a risk to our property values. What kind of risk I would like to know is it fora gigantic supermarket -chain - to take versus the risk it is to me and my family when we just recently purchased a home _ _ _ ___ _ in a subdivision with strict CC&t3's, a_subdivision.that.~nras_tiefirutely-plapned-on berg--a-------- very close subdivision so it would be very little traffic, very little noise, very little of anything with a small subdivision private little park thing. This was the plan when we purchased our home and it needs to still be the plan. I thought that is what Planning and Zoning. was for to protect the homeowner. That is- all I have to say - ~ --- Shearer: Which lots is yours? Johnson: Down Emerald Falls, the opening to Linder is Emerald Falls and we are down at the end of the culdesac there, Lot 21 I can't remember the block. .....Sharon Litzbauer, 1922 W._Emeratd Falas Court, was sworn by the City Attorney. Litzbauer: I am going to be really brief because everything I was going to talk on has pretty much been touched on. I have little graphics, this is just to indicate, this is what our subdivision basically is, it is the yellow are homes. This is the whole plat map of what is really existing from what you see there on over. I took this from the notice I got in the mail and blew it up showing the two streets that Smith's plans to bring in off of Linder into the back of this. (End of Tape) What I feel is going to happen to this subdivision as you can see this is going to create this to be a thru street. Drivers are notorious for going around traffic signals whenever they can. Where this is going to come from Linder to Cherry Lane this is going to open this up, this is the park they are indicating. There actually is playground equipment and volleyball there and it is used by the subdivision kids. That is Meridian Planning & Zoning Commission January 9, 1996 Page 51 going to become virtually useless. That lot, we would not feel safe to have our pets or our kids over here while traffic is coming in and out to a grocery store. The other thing on this park is this is dedicated to the homeowners association which means that is liable for anybody who comes into that park to use it whose shopping at Smith's decide to eat their fast food there or their lunch there after shopping for whatever reason. The other things I wanted to touch on which they did touch on was the walking of the schools. There are a lot of parents in the morning that you see .out at these streets. Unfortunately these kids are bussed to other schools, they do not get to go to the Linder elementary because of the school division. They go to Lake Hazel and fun places like that, they are bussed but they are standing out here and any morning if you come by there you will see mothers in their cars who come out and stand with their kids. Once Smith's comes in I wonder what is going to happen, those parents are definitely, the ones that are out there now aren't going to be safe out there by themselves. They are going to have to have supervision, I certainly wouldn't want my elementary child standing there for the bus.. So that is going to create that traffic, the library which they did touch on, parents do work in the summer, some of the older kids will be allowed to walk or middle aged kids will be allowed to walk to the - . - -- ibrary: Some of-them probably won't be able to benefit for it at all without adult supervision due to the traffic. That is basically most of the points have been on, I just want you to see _- _-_._-_ __-this. _. _ __.-__ ___- --- __._______. ____ ...__. _. _ _ _ _.___._ __.____ _____.__.~__________ Shearer: Which lots is yours? - Litzbauer: I am 23, I am right at the edge of the culdesac. Hepper: How many homes are built in Linder Falls? Litzbauer: All of the yellow, the filled in yellow are existing homes. Hepper: Are those all sold? I realize the lots are sold, the builders have the builders sold all those homes. _ _ _ _ .:_ _ _ _ __ _ ..___-._ __ _ Litzbauer: People live in every one of these homes, this home, this home, all of these are lived in. Every one but this one are lived in, in the entire thing. So this is the only one that is not lived in at this point, it is built, it is existing and it was for sale. Unfortunately the sign has been taken down and I think what the real estate company is facing is the disclosure of this to anybody that is interested and it is my understanding there are some lots options but they are having to disclose that this is a proposal of Smith's because it is public knowledge and these people are deciding to build their homes elsewhere. Which is the point that some of these other people are bringing that they have the choice prior to building your home that might not have been a decision we would have made and others might not make it. The highlighted ones in the first phase for sale and there are no homes Meridian Planning & Zoning Commission January 9, 1996 Page 52 on those as of today. Oslund: I think you bring up an excellent point about the cut through traffic. Litzbauer: It will, drivers cut through. Oslund: The only thing I will point out is there are I believe there is a technical solution to that. Litzbauer: Not speed bumps. Shearer: Does it really make a difference if that is a Smith's store there with a road coming in and out or if that is all residential and the road goes through. _ _ _ Litzbauer: Yes it will because the difference is one thing that I did ask before I bought here and they said call the City and what I was told is that this is residential and you have a problem withtraffic comingthroughthey would come-out-and look at putting,-speed-burs _ _. _ _ in and check the traffic. Shearer: Well, that still goes. _ _ - _ Litzbauer: The thing of it is, if it is residential and speed bumps it is not such a good cut through if it is residential. If l am living over here in the Vineyards and 1-don't want to wait for this long line of cars and this light boy it would behoove me to just hop over and go right through here and get in the grocery stare and park get back out and get back to my subdivision. Oslund: I don't know if you have convinced me of what your question was. If the road cuts go all the way through I don't see the difference between whether there Litzbauer: Excuse me what is the difference? Oslund: Well he just pointed out that road is platted to go through regardless of that corner development. If the road goes through whether it is residential or commercial the potential for cut through exists either way. Litzbauer: I guess I could add to that with Smith's has just told us that it is going to add an additional 3300 cars a day to that corner, those 3300 cars would not be at that comer if Smith's was not there with the opportunity to cut through my subdivision. Crookston: Excuse me, does the Kastle Falls excuse me, Linder Falls Subdivision can you Meridian Planning & Zoning Commission January 9, 1996 Page 53 point out to me the east boundary of that subdivision on that map? Litzbauer: I can't on this map, I can show you underneath where Smith's is. This is the east boundary of phase 1. We are phase 2, this is Linder and Linder is to the east. Crookston: Is that whole 1/4 section platted? Litzbauer: Yes, phase 2 is platted Shearer: It has been drawn up but I don't think the plat has ever been approved. Litzbauer: Well, that is what I am being told it has been platted, however there are no improvements just as Smith's shows. The road ends as far as improvements go, the road __ _ -ends right there and right there toda~r... And then it is-dirt and there are .two-existing homes - up here. _, ~~. _. _._ _. _ . _Shearer: i don't think there was .a plat registered for the rest of it. If there is it has been------ over a year. Litzbauer: Ifiit`wasthan it has expired at this- time= if-it was because it-has been a-while since they started it. - Shearer: It was originally laid out but the platwas not approved I don't think for that phase. Stiles: Mr. Chairman and Commissioners the plat, the final plat for No. 2 was approved August 3, 1993, a one year extension granted July 5, 1994, but the plat is now null and void. Johnson: I think that is in the letter that you wrote as I recall, that was some time ago that 1 read that though. Thank you. `_ Brent Perkins, 1854 West McGlinchy, was sworn by the City Attorney. Perkins: A couple of points, the people in the Linder Falls, I feel sorry for. They have gone through a horrible situation here. This has nothing to do with Smith's coming in but they have kind of gotten the shaft. I kind of feel like it adds insult to injury to continue to cause them problems which nobody can tell me different, this will affect their property values. That store being in that proximity to a subdivision of that nature is bound to affect the property values. When they went into that subdivision it was supposed to have this nice fancy brick fence it was supposed to be more of an upscale neighborhood, I know those lots ran probably ten grand more than my lot did right on McGlinchy which is you can Meridian Planning & Zoning Commission January 9, 1996 Page 54 almost see it on that map. They paid that for a reason, they were wanting an upscale neighborhood. It doesn't affect me nearly as much as those people but I really feel like - -- - allowing this to go through is going to dramatically affect their property values. Whether they are over on this subdivision or not you. can't tell me it is not going to bleed into that because that whole neighborhood .was designed as more or less a closed neighborhood because of this. A heavy fence was supposed to be around the subdivision it was supposed to have the private park etc. Another thing I have been around Meridian for a lot of years. I remember when Smith's was here before, although I am impressed with a lot of things they are showing us here and it looks very nice and very fancy I know that there was a definite trash problem around the old Smith's store, I remember driving around the end of that store which I did hundreds of times and there was always a huge trash problem and it looked like heck. I think if they are allowed to go into this spot that there should be some kind of control of that. Because if that is the way it is going to be again don't think that is fair to the neighborhood either.. I think it is in my opinion a little,ahsurd. _,_ - _, __ . ~_ _ to put. another grocery store in this tight an area we are already_going to-see a #ripling-of our available space for shopping why this has to go in this spot when it is definitely going to impact some of the residents of this community. I can see it easily dropping the house ..prices $10,000, $15,000 to $20,000 a piece..... -_ _ _ ____ _ : __ _ y~ Leslie Peters, 1661 W. Sandalwood Drive, was sworn by the City Attorney. Peters: I have a question for the gentleman that talked about the highway. and he said we have a five lane and a three lane, where is the three lane? I don't know what a three lane . is? Shearer: There is a turning lane on Linder. - -Johnson: That is ~Iled a three -lane highway when you have a turning lane or a merging. lane that is ACHD's terminology, that is what they call a three lane highway. Peters: The other concern I have is for the City Commissioners is that Linder Road, I have two daughters that go one to the middle school and one to the high school and there is only one side of Linder Road that is partially paved or sidewalked and they put that subdivision in and I have seen in the last year and a half two children hurt, one of them which was my daughter because she walks home on the east side of Linder, she is going north and the kids and adults drive up on that and they try to miss something or whatever. Are you guys going to plan on maybe possibly paving that road so the children would have a safer walkway if they are going to put that road off onto Linder Road. Meridian Planning & Zoning Commission January 9, 1996 Page 55 Johnson: That is easy to answer because the City of Meridian has nothing to do with the streets. They are all maintained by.contract with ACRD and they do all of the development. That is where you need to go if you want Shearer: Are you talking about north of Cherry Lane? Peters: Yes sir, Shearer: If this project goes in then there will be a sidewalk along Linder Road all the way past this entire (inaudible). Johnson: That will be a requirement from ACHD ' Peters: You are talking. about on the west side of Linder...... _ __ _ _ _ Shearer: Yes Peters: Not on the east side at all. They mentioned about putting speed bumps in, well I ~_.~ .. _ live right_on Sandalwood Road and I live in the. second house on the felt side ifyouu.are- _ _ ___ going west,_I have;.got_~nco_broken_sprinkler_headsbecause what_th do-is= ~ ~~ - - -- _ eY -t-hrE~e ------- -- around those speed bumps into my yard or they speed and one day I counted 30 people speeding over those like it was fun and most of them were adults. So my concern is you - -were talking_about speed bumps and it is not going to slow them down. Shearer: Unfortunately Sandalwood was done years ago when connector streets still had houses facing them, today we don't do that anymore. !f we had a street like sandalwood, al the houses would face away from it onto side street and stuff and that would be a connector through. ...._.._ Peters:- They but those speed bumps tn-because the fraffrc increased so much when they- -put-an outlet for this phase 3 for Glennfield Manorsubdivision and I have ten times the traffic and the teenagers and their boom noises and I don't live that far away and my house just rattles as it is. They put in another commercial place in there it is going to get worse. Shearer: I can't see that this will affect your traffic very much up there. All those subdivisions to the north are still going to go by there, all the subdivisions out on Cherry Lane t hey are still going to go by this corner and most of the shopping will come from those people. Johnson: We certainly don't mean to be argumentative. Meridian Planning & Zoning Commission January 9, 1996 Page 56 ..Peters: That is okay, the other question. I _had about enforcing the traffic flow because of the trucks and stuff. Now I take my daughters to school when the weather is bad and they put those nice little -lights in for people to stow down to 20 miles per hour, do you know how many people I pass in the morning that are passing me by continuously. All these truck drivers, I know truck drivers, my ex is a truck driver they don't follow the speed limits. So are we going to have law enforcement to monitor this a little bit more? I know it is going to happen. Shearer: That I can't tell you, you have to talk to the chief of police about that. Johnson: Anyone else? Mary Ann Christman, 416 Elm Creek, was sworn by the City Attorney. __ Christman: I want to -say that first of aITT am a resident of Meridian,l live at the Parkside - Creek subdivision. I am wondering if there was a map that showed the two Albertsons? _1= first of all L want to say I am very. much for _Smith's going-into the _area exactly-where it as - - - located. There ai-e several-i=easons for that: Number one I happen to live in Parkside - ; Creek Subdivision andl__do ~cauelSherry-Lade to get to the only-and_only shopping -store -- - - -- - which is all we know is Albertsons. 1 would very much-dike to see-some compe#ition.:1 travel Cherry Lane frequently and regularly and I would be one of those that would just happen to stop in and use the grocery store which would be very convenient for me. As - - --a-fnatte~--af fact if-Sm+th'svas-located #here it would cut my traffic considerably down. So, -now, if the Albertsons does- go-in where the second Albertsons where it is proposed I would still like to use Smith's simply because I like Smith's. I have used them in other states where I have been located before. t-like the idea of competition. I am also a real estate agent and there are a couple of them in this room and a couple of them have spoke. I can tell you for a fact in all of my communications especially when I attended the first meeting on this that there is a substantial amount that I have communicated with. I live in Meridian and I sell a lot in Meridian who want Smith's exactly where it is located because they do travel.- They do travel the Cheny Lane frequently and it would be very convenient. They want the competition, they are tired of the same old store and the same old place. They feel it is a very convenient location for them. I feel for the people in Linder Falls but I can tell you from personal experience I happen to have a lot right here. My lot backs up to where Albertsons' is going to be. I bought that lot knowing that, but I would give anything to those this proposed park between me and where Albertsons is going to be I don't have even that. So I think they have done a beautiful job in considering the people around the area with the proposed parks, the berms the landscaping. I am not going to have any of that. So I understand how they feel because I back up to that area but I plan on planting a bunch of trees myself. Also, I do want to point out that this Linder Falls Subdivision a lot of people that have spoken here are basically living in that area and Meridian Planning & Zoning Commission January 9, 1996 Page 57 again I said I feel for them, but I have personally shown property in the Linder Falls which was Kastle Falls at one time way back when they opened those homes and they have had trouble_selling.those homes from day one. I know this from personal experience I have shown homes in there, seven, eight and ten times, I was not aware of the controversy between the owners neither were the people that I showed the homes to. That subdivision has never realty done well. There are a whole lot of agents that know that for fact, I am not so sure if Smith's doesn't go in there with the residents if it is going to make it. Now there will be some people here that will argue that point and I can tell you for a fact there .has been a point that was brought up here that with the drive. thru traffic one time I showed a house and that was brought to my attention. =Because-they showed the whole planned area and the street that came off of Linder and wrapped around and went right down thru and they said I don't' want to by this house because there is just going to be, people are going to cut right through there and go out on Cherry Lane. So that point was brought up but it was brought up by someone I was showing. property_to_said that was there anyway. So, those are points that I think are important. to-bring -out that- subdivision has always suffered. I don't think the Smith's is really going to impact it that much more than what they _ are already experiencing for sales. I want to look at my notes because a couple of points were brought up. Another point is like I said I market a lot in the Meridian area because t think it_is real important_to~oir~i~~t_that_being hat -have been _in real estate ~an~yeaFS ~_ _ - - I_am getting a lot of comments about the fact that there is not enough grocery stores or - amenities in the area. I think it is really going to hurt the community, I think Smith's in - general is going to help a lot, because it is going to-offer-competition, it is in a convenient location for drive by drive on the way.home and 1 am getting a-lot of comments from people who don't like the, idea that there isn't enough shopping nearby especially when you go out to Golf View or Parkside subdivision further out there, there is just nothing there. It is - a real pain to have to drive all the way-down to the Albertsons. So that has been brought up many times. That is it. Johnson: Thank you Mary, any questions? Bredon .Johnson, 1970 Emerald Falls -Court, was sworn by the City Attorney. B. Johnson: I agree with a lot of what has been said in support of Smith's. We need additional shopping in Meridian, I don't disagree with that at afl. I agree that we need some competition for Albertsons. I think that is all well and good. I think that the problem really though is why take residential space to build a store on, there is commercial space out there. Albertsons found some. I thought it was good, this lady bought a lot right behind the proposed Albertsons spot but she bought that knowing that was commercial that is a little bit different from those of us in Linder Falls who bought because it was residential because it was a small section of residential. We new that there were some risks we new that the subdivision had going through some problems and we knew that there were a lot Meridian Planning & Zoning Commission January 9, 1996 Page 58 of legal issues related to that. The lots were over priced, there were issues and those are still as I understand it in the courts. We bought in there, my wife and our four children and _ __ L we bought in there in September. At that point the subdivision had been turned over to the lender who was then completing the development of the subdivision. He met with us and told us he was committed to completing the subdivision, phase 1 and phase 2. We were under the understanding that he was going to complete the subdivision. That this part that exists there that was so important to us was going to be central to this subdivision. Now, we have Smith's coming and saying hey we don't' care that there is commercial property around, we want this piece of residential.. It doesn't make sense to me, it_ doesn't make. sense. t© me_ --- Johnson: I all fairness I don't think I heard Smith's say that, did you hear them say that that they don't care that there is commercial property, did you hear that tonight? _ _ .:- _ .._ . - ---~--8.--.lo~kuas~ar~ =did they ga-a~ .~__ r~_~ .._. _ :~.. _ ~ ._ ~ ~ _ ~ _ Johnson: No, you_said_they_said_that_.and fhat_bothQrs me because.w~:are ' __ - __ ------- testimony here and it is on record and it will be typed up and I don't think that will appear on those minutes. B. Johnson: I agree with that __ _ _ _ _ Johnson: And you are under oath.--- ______ __ _ __ _ _ _ ___ _ __ _ _ _ _ _ ~ _ B. Johnson: I agree with that, I guess what I am saying is that by putting this proposal to us that is what it appears to me to be. Does that make sense? Johnson: Yes B. Johnson: I think there are other places they can build, I think there are other places that --- can serve them just as well through the next several years as the location that they have chosen. I think it is unfair to the homeowners in the Linder Falls Subdivision to rezone that residential property for their purposes when it is going to so drastically affect our purposes and our families purposes. That is all I have to say thank you. Shearer: You don't believe that if you have a two acre park on the other side of your small subdivision and it stays a small subdivision that you think this is going to hurt your property values and stuff in a major way? B. Johnson: If I believed that wasn't going to hurt my property values I wouldn't be here talking to you. If I believed that wasn't going to hurt my families chosen location I wouldn't Meridian Planning & Zoning Commission January 9, 1996 Page 59 be here talking to you. Oslund: I have a question for you, are categorically opposed to the project or are there things that the project could do to mitigate their impacts. Are there things they can do or is that just a waste of time? B. Johnson: I don't know, at this point I disagree with the concept by building one row of houses that they are going to solve the problem. _-- ,-- _--~hearer~_Tt~eyare putting a buffer between the building and the road besides the houses. B. Johnson: What kind of houses are going to be built in that row of houses they are putting in there. Are they going to be the same value, the same quality as the houses that we have beery building in Linder Falls. t kind of doubt it. Is that going to then cause some___ __ _____ domino effect that starts decreasing the values of homes all the way through, I think it will. __.._ .__~_..»«____-Shearer: That could possibly b®a condition of zoning too as to what kind o#-houses-that ---- -- - will go in there. ~_~^B.-J~hnson::~f;an~you -ssayy they-have~ to -b~e~$150;OOa houses or better? .._ _ Shearer:.(lnaudible) at least the square footage and so on. __ _ _ _ ~~~` ~ B. ,Johnson: That -they have- 30 year=roofs hat they have, the roof design etc. to match Linder Falls requirements. I think if you could do that I think if you (Discussion Inaudible) B. Johnson: It is just the concept that it is taking away from what we were expecting what we wanted, what we needed, what we bought that place for. I am sure there is nobody that would disagree that there isn't other commercial property around that they could have gone to. I mean Albertsons picked a spot down here, that was specifically commercial property. The way I understood as they built that subdivision behind it that they set aside planning and zoning set aside that piece for commercial because of the neighborhood built. B. Johnson: Did they do that on Linder and Cherry lane? No we are here and they are doing that later on. There is commercial property just exactly kitty corner from the comer that they want to build this on. What is wrong with that property. Shearer: We hear the same story, we heard the same story when Fred Meyers came in, Meridian Planning & Zoning Commission January 9, 1996 Page 60 there are logical places for commercial building and that is dictated by the subdivisions. Somewhere out in that district there is going to be commercial, there is a mile and a half square there of nothing but subdivisions and that Albertsons site is the only thing there. Oslund: The point I was trying to .make is that with every issue there is going to have to be some compromise. I don't expect that this Commission is just going to leave this room tonight or any time and say well sorry Smith's no deal, we have to come to a compromise so that means knowing. what are the things that can make a difference. Is it possibly its that road that goes all the way through instead of putting speed bumps maybe we can make it two roads that won't go through. Okay, so that takes care of cut through, maybe you have some problems with lights, well there are things we can do to take care of fight. Or maybe there isn't in your opinion. It .seems to me it is going to be hard to make a decision unless we know what are the things that are going to be acceptable mitigation measures or if there are none #hen you need to, we need to know that:-you are opposed _ ___- ..~.- - rind. ,._~ _~_ --- _ - - --#o #t~e ~uoject pe - - B. Johnson: I am not opposed to Smith s being. somewhereT I am opposed: to=them t ~n _ ___ rye .g to merge commercial that closely with residential I think if it is pre-planned as that and- --- __ ._ _ __ __ _.--the_resJdentla~ D20DIE ~tr101A1~k~~ i~1,A[X-mptcial h~t..icnrcat---if #hc.roeir~cnti~! ,~,o.,,'.!~_.,,,.~.~, ____ __.__ ^ buying propertyknowing_that-this_+~xf door neigMbc~i~r'operty-is~mmmerciat-thatasgrea~. ---_-- _ But the other way around is completely wrong. That is my opinion thank you. _ _ _ Marvin-Bodine, was sworn bythe City~4ttorney. _ _ ____ ________ _ __ _ -_--~._.._.~_~~._....._~~___ _.__. Bodine: I feel sony for you guys sitting back there. How many people in here would buy a place and then feel good about when the stores-are coming in right next to them. I don't care what the store, I don't want to say Smith's, Albertsons or any store. If they know it is commercial than it is their fault. But if it is not zoned Commercial than I think it is a disaster for them. I think those people and I think anybody here would feel that way. It __ _ _does_cost money. Where is the park, if the parks comes back to Meridian we wiU- ewer get a big park if we have very many small ones, I think all you know what it costs to take care of the little parks, they are a detriment. They don't do us any good. That is all I•have. Terri Maupin, 1672 North Kastle Falls Avenue, was sworn by the City Attorney. Maupin: I live on North Kastle Falls directly behind, my backyard will be looking at the parking lot of Smith's. My husband and I just bought that home as a matter of fact we were unpacking our boxes when I got the flyer on my door about Smith's. I can tell you without reservation I would not havu aou~i~t'hat home had I known what 1 know now. There are two empty houses next to me those houses I am sure will remain empty because most people will feel the same way I do and the same way my neighbors feel, they would not Meridian Planning & Zoning Commission January 9, 1996 Page 61 have bought a home knowing a grocery store would be in their back yard. That is ail I have to say, those are my concerns, as well as lights shining in my bedroom window. Johnson: I have a question, when you asked your realtor about that corner when you bought that house what were you told? Maupin:.. When I looked at, they were maps .when I looked at the home. All the time I looked at the home, it showed that was going to be a residential area behind me that it was going to be the next phase of the subdivision. Johnson: Did you have a discussion with your realtor? Maupin: Yes, my realtor got her information from the realtor that was representing the building that said that was the next phase ort the subdivision. ___ __ . __.__~_._.__ Hepper: Did you buy your home at a discounted price, I am not asking what you paid for your home but I have heard somE_of those sale{~rices has been reduced knowing that - - - maybe that was going to a commercial so the price of those homes was reduced. __ _ ._~Y ~.~ -_ __- - _ _ __ Maupin l -~- +#~as-~~g-ral;- i thoughts got a-good deal on mye, -^- 1 didn't think it was a reduced price no. I thought it was a good deal because it was in Meridian not in Boise. I am new to the area. __ - Hepper: -Because the subdivision itself, it is a nice subdivision. Maupin: I had no idea it would be commercal, I wouldn't have bought it. Thank you. Chris Jacks, 1778 W. Hendricks Street, was sworn by the City Attorney. ,lacks: -First of all, welcome Smith's. I do not have any- objection to Smith's coming-to Meridian or Boise for that matter. I just dorm agree with the location they have chosen. I live in Glenfield Manor. I don't know, it has been brought to my attention what are the plans for Linder Road, it is going to stay two lanes? Oslund: Ultimately, it is a section line road, ultimately it will probably be five lanes. Weil I can't say that for sure, I can't say that for north of Cherry Lane, you need to ask ACHD, they should be able to tell you. Jacks: I know Smith's proposal with the street that would be north of their store. Between the Smith's food king and Glenfield Manor they are putting a street which will then out onto Linder Road. I live off of Sandalwood and Linder Road, it has been my experience in the Meridian Planning & Zoning Commission January 9, 1996 Page 62 past I have lived in a subdivision where they had taken a two lane road and turned it into a four lane road. It was then impossible to make a left hand turn out of my subdivision. The traffic increased, my children then and now walked on that four lane road to go to school with the increased traffic and I welcome the sidewalks. I always thought that Linder Falls would be in phase 2 and 3 completed and there would eventually be sidewalks there for the children to walk on. Now with the grocery store and the increased traffic whether " or not'there are sidewatks there it is still dangerous for the kids. My experience and my children were walking to school in the winter on the sidewalk on this four lane road and cars skidded, a car came up and onto the sidewalk and almost hit them. You can't control that and with the increased traffic and everything. Everyone here they love Smith's food king at this location live in other subdivisions not directly abutting that. Everyone of them has said I feel for those people in Kastle Falls, why. Because they have to know what it is going to do to those homes and the traffic and the property values and everything. I guess that is it. ,.:.. _ = _. _ _. _ _ . Randy Nash, 1727 North Kastle Falls, was sworn by the City Attorney. Nash: I live directly across the street from the Smith's store or where they are proposing ---------{Ott+ng-~t-right~ext:~o:~he-parts:-Bought-#he-e-+n-gflod--faith vr~~h-it-~la ---'°-~ - -= -------~residerrtiat ~reararnt~na-comm~erci~al-tt~i~-~oorfirrathcrrre~ efa - tloa -it-irran -- - - - ~F ttY 9~ ~opscaie- neighborhood so we wouldn't have to live around low income people and things like that which we have all of our lives. This Smith's store is basically going to devalue the home quite dramaticatiy. Therest of the-homes that go in the area are going to be~ devalued~tluite radically. There is no_disputingthat, l: wcwld be willing to be# somebody that it wouldn't, I think you are looking at a 20% devaluation especially on my home where it is one of the more expensive homes in the subdivision. Shearer: Which lot is yours? _-. Nash: "1 don't know which tot it is. Shearer: Which street are you on? Nash: Kastle Falls, we are the only home on the left side of Kastle Falls going north. Shearer: You have lots plus a road between you. Nash: However, our lot sits fairly high so we do see pretty much right on top of the roof right above of, we are a ccupie about 3 feet higher. With Smith's going in there this is not going to be an upscale ;ieighborhood, it is going to be a down scale. The homes on the back you can (inaudible) for square footage and types of products, they are gong to be Meridian Planning & Zoning Commission January 9, 1996 Page 63 cheap cracker box homes that is the only thing they are going to be able to sell there or they are going to be vacant lots or commercial. Same with the park area. Shearer: I am not an appraiser so I couldn't argue you with you. I know that on the north side of Waremart in Boise, they put a block wall in there, they didn't use a front entrance like this one does, they put a block wall in there and they put a landscaping strip and stuff between their store and the subdivision and between you and me the people that are on that street are better off now than when they had houses .across the street. It is nicer and everything. Nash: I don't know if that is going to be the same for this (inaudible) we are going to have increased traffic, granted you would have traffic come across that loop I am not going to deny that, with a Smith's store you are going to have increased traffic. You are going to have noise, lighting, I am probablyabout200.#a250-feet#rom it _I didn't buy the home that way. If this is okay to put a Smith's there t amgoing to feel like you reached in my-wallet and took a bunch of money. Shearer: Would you feel more comfortable if ___ .Nash: (Inaudible) that is the way I feel about it. It is a nice home and my wife likes it and -- that but t would be willing to pack and run for the hills at this point. Shearer: if Emerald Falls came on oyt where it does now and a culdesac was put in there and stopped at the point of this project and proper landscape buffering heavily between your subdivision and this property which would mean you would have one entrance into your subdivision and out. Nash: That is probably the best way to go but 1 still feel like it is going to devalue it. Mainly because of the noise and the lights. My homes faces directly at the parking lot and I don't really want to look at there and see building or light or anything. I want to look out there and see low lighted roofs of houses. Shearer: We would all like to have a mountain view and no neighbors. Nash: I will be more than glad to be quiet if Smith's would buy from me what I got into it. Johnson: Anything else? Does anybody have anything new to add? Wanda Lansbury, 1383 Storey Street, was sworn by the City Attorney. Lansbury: In the first place I don't think anybody has ever stopped to think that if they don't Meridian Planning & Zoning Commission January 9, 1996 Page 64 build that in with more houses there is likely something else to come along less desirable than a market. There could be a dog kennel, there could be a bar, there could be a drive in, be a lot worse than a market. We know what a market is like, I have lived in Meridian for 52 years and I have watched progress and there have been a lot of things go up that I can't I couldn't stop and I have survived it, it hasn't hurt me I am fine. It has helped Meridian. There come a time in everybody's life and everybody gets older you can't get __ away from, there will come a time when I won't be able to drive a lot of my neighbors that live around there won't be able to drive and we have a market close by where we can walk to it. We can still keep our independence. l for one I live across the street and down the road just a Little bit and.. I would appreciate it being. there. Thank you. Georgia Mackly, 1287 North Santa Rosa, was sworn by the City Attorney. -- ---_---~--#1AarJEI ; -L am testi -as~-~a~i#~z y ~ ,hand;-on-th~a~~=~ t t~a~'~-~--._--~..~ _ ~ - -~- disclose-that when"-~ =l~ewa~+Rkaer~te€~ this ixope~#y-tom ~-deed=a€ Lein-fof~ecla~are;-__~- :- ___ _ a deed of foreclosure, a deed in lieu of foreclosure that he did hire me to make _.__. .. _ ._ arrangement to clean up-phase-'l-cif-Linder Falls as we market it now. I-just want to make - clearthat there are no more issues before the court as far as this project is concerned. And _ ~ -~-~=#t~at:-has~dame ~ _ _ tae-aeoe~r~-hem - _ _ _- -:. _ _.-___ _ - -u base 1-. He-also s y -up ~xapty_#xetc#::t#~t- ~ _-____ _- p-p pent -substaratiat-amount of =mane - to'ctean #kae. . is there and the lot prices have been reduced almost a 1 /3 in phase 1. I will tell you t am in .development nothing is going to affect the homeowners value more-than houses not ___. _-_--=-- seii~m and the _hous~s-were note ~ ~`-- -- - - _ _ ---- - ,--- -- - _.__-_ - _ -- _ ___ g --~~~=rnr~rnddr fatfs:-~ince~mitTi s-ftas ritacte the _ - - ---------~-~-----announcement that they want to-build there, there has- been one spec-house sold and we - - - have 2 options on 2 more lots. That is the new lots that we have sold since Jim has inherited this property. So, I don't think that it is going to slow the construction in Linder Falls I don't think it is going to affect the property value at all, in fact I know for a fact that before Smith's made the announcement some of the homeowners did get good buys on their homes. So, I would also like to encourage the speed bumps, I know where I work in Eagle there are. speed bumps on Edgewood .and believe me you go over those once the way they put them in now you .don't speed over them again. (End of Tape) The school children on Linder Road, I go to work between 7:30 and 8:30 straight north on Linder Road from the Vineyards. The sign there says 25 miles an hour when children are present. tam always looking for children so I don't speed because I did get a ticket in front of the junior high once and I don't see the children on Linder Road, I don't know if the parents drive them or what, but I just don't see the children on Linder Road. I think that the fact that this commercial property that Smith's wants to rezone this commercial at the corner of two major roads, Linder Road and Cheny Lane is a wonderful idea. I think it is a lot better than doing it on residential type size roads. Last but not least, one of those people who shopped at Albertsons in December, I went to the store for seven items and I spent an hour and fifteen minutes there I timed it. I would love to have Smith's there and like I said Meridian Planning & Zoning Commission January 9, 1996 Page 65 this testimony is partly as a citizen of Meridian but also knowing what Jim's good faith effort is and trying to do the best thing with the property that is at that corner. I strongly encourage that you approve the rezone application. Thank you Kelly Maupin, 1672 North Kastle Falls, was sworn by the City Attorney. Maupin: Just a couple of quick comments. First of all Mr. Shearer keeps talking about the landscaping and stuff to block the store. I am going to be looking at the parking lot and the lights on the light towers. There isn't anything you can do to block that. When I purchased my home .like my_stated earlier we had no idea: And to address the people who -keep saying we got a good buy on the home, I paid appraised value on the home. So I don't really consider that an exceptional buy I paid what they appraised it at. That is all I have to say. __ -Elizabeth Goon, .1862 Emerald Falls i3rive,~rvas sworn by the-City Attorney. Goon: Ihappen-to-live fight across from the proposed Smith's in Lot 26 and I kind of had the feeling that you would like to hear from somebody that does live right across from it. =ti -~.a~~: ~ +~ demand we-hghf='f=s+~at~r~.-~,~ __ - --- were-not =alTrom=_Lirr-hafts Sui~division. !f you look at the names on the fist they are from subdivisions on ail sides of Linder and Cherry Lane. There are a lot of people who do not want a grocery_store that_cld~e~_If_1_understand this traffic study there will be 6600 __ -- --trips ~r+}~~y-past-that°corFler'. -There are~currently 3300; that is 100% increase in traffic. That is all I have to say. _ ___ _--- _ Shearer: Whereabouts do you live now? Goon: Lot 26, right across from the park. °~ Shearer: Okay, you are on Emerald Falls. - Mary Lou Bower, 1838 East Emerald Falls, was sworn by the City Attorney. Bower: We live in Lot (inaudible) that would be three doors away from Smith's. I have mixed emotions tonight. I am definitely against Smith's coming in. I sell real estate, I don't think anybody in here can sit and say that isn't going to hurt my property value when I sell that property, it is. I too am not opposed to Smith's but I don't think that it should be residential. I think they should find commercial property. The subdivision has been in litigation for a long time. We have heard some misconceptions about the subdivision. It was in litigation that is not, that is why the subdivision didn't move, it wasn't because people didn't to buy in there. It just simply they couldn't buy a lot and it was brought up Meridian Planning & Zoning Commission January 9, 1996 Page 66 that it is out of litigation, it is being marketed and it was on a fast track I felt like until we heard about Smith's. Now we have brought you 160 signatures of people in about three weeks time to put this together the opposition that we feel. That isn't just Linder Falls that is everybody. I feel like if we had more time we could have brought triple that many, maybe quadruple that many. There were people that called us, the last few days that wanted to sign these petitions. I think that I hope you will listen to the people because they definitely have views on this. We have-tried to express them tonight and I am not going to stand up here and say that Linder Falls isn't going to move 1 do think it will. But it is definitely going to hurt it and it is going to hurt those-that are dosest to us and that is McGlinchy and those of us in Linder Falls. I would just like to ask you to please give us_a .chance to showyouu _ - the opposition to this Smith's food king in this area because it is there and it is the people that want to voice this opinion about it. ~._~ _ ~_ ___ Johnson; Is there anyan.e.el~e from_.p~i~ot~ouid.tike to-address.~#he.~c~ior~_~_-~-_._e~: as -thin-time? _ __ _ _ I _ Crookston: I would like to ask Mr. Wardle _ er a you and your represen rn - _ ytl,~ g yotrvvant-to-~ommEnt-at-mis-______.__-.-- time or would you rather not, it is up to you. .. -. -.~...~~ . ~"~~~~~ , trtarrwotrrcrttfce-to-at~dress~F~rstt.~_._. __ _ .. ~___ . _._-- =-weld=ice to present to you an_exhibit-that--shows-the original-preliminary plated area of _° the several subdivisions around as well. It witl show you where the proposed roadway lies in relation to what was originally conceived is very close. So there would have been even in the future if residential was approved there a bypass if people chose to do that. There are solutions to that that we can talk about. One of the citations that I included in my handout to you earlier on page 71 of the comprehensive plan policy 1.1 on that page states, "all commerciaF and industrial", this in-this -case we are talking about only commercial, "all commercial developments should be reviewed by the City for adequate site planning". Now our comments and our commitment is that Smith's will work with Meridian City and area residents to resolve concerns to mitigate problems to provide appropriate screening, landscaping and control of lighting and signage. We have made numerous attempts at dialcgue, we held a meeting with these residents because we knew that there would be concems. In recent weeks I have made telephone calls and provided information to those that are most directly affected asking for the opportunity to present the new site plan, the changes. to discuss it with them to see if there are issues that could be resolved. Now the comprehensive Man is silent on where neighborhood facilities can and should be placed within the existing urbanized area. But it is not silent to the effect that there will in fact be services within those areas. One statement over and over that has ~ Meridian Planning & Zoning Commission January 9, 1996 Page 67 been made this evening is concern for the children relative to traffic. What I find hard to understand and I find very illogical is that fact that there is going to be any improvement to the safety of the children in this area if everybody in that neighborhood has to get in their car and travel through or outside of that neighborhood to get services. It is an absolute illogical conclusion drawn that by having these services here that in fact there will be a greater threat to the safety of anybody that walks on those streets. The west side of Meridian does not have any uncommitted commercial area. It has been stated why doesn't Smith's go find another commercial site on the west side. There was a statement made about the one undeveloped parcel, it is much too small for any kind of a facility other thana __: ____ _ convenience store.- l _v~tilltastate~.there ls_ no zoned commercial property on the west side _ ___._ of Meridian that is not currently committed and-that commitment is to Albertson's. So if in fact there are to be services there would have to be a rezone of any piece of ground that would accommodate any such facility whether it is Smith's or any other potential user. I --~-:. _ -~anrcul.~ .s~i~ply_,:~~n~l.~ir ,..~t~airmarl-grid members of the Commission, by_statirtg ,that_:__ _ __ - based ~n compref~er:-s~ve flan issues-and the zoning process that the Commission while you have heard a lot of comments you cannot deal with the emotional issues you must -deal .with the factual issues that are quantifable, that fit the context of the comprehensive. -plan and I wiN -restate that the Comprehensive plan is silent with respect to where these ~_~ ____. =__. _ :.- _.::~-orrrrrrissrcrrf-tYas-anct=l---c~erta~ aspect that•responsibiiity. t would respond to any - - - questions Mr. Crookston might have. - f: • -you-, iffe-~rrthr~-map that you fiad up there;-maybe it was because -was so-far away, but, is the this is the Naler property they had a house on there on the southeast comer, there is house there, or there are two houses there, I assume that those are going to be removed? Wardle: Mr. Chairman and Mr. Crookston, those homes would be removed whether immediately or somewhere down the line. They are under option as part of this proposal. Crookston: Then on the southeast quadrant of Cherry Lane and Linder you say that is committed for something? Wardle: No that is zoned, I don't know (inaudible) Crookston: I thought you were saying that was committed. Wardle: The term commitment is the fact that it has been committed to a commercial enterprise by the designation of a C-N currently. Crookston: Thank you that is all. Meridian Planning & Zoning Commission January 9, 1996 Page 68 Oslund: Question, the proposed foot print, the square footage is 600,000 square feet, I am sorry 60,000 square feet, how does that compare to the Albertson's down the road here in Meridian? Wardle: Okay, 45,000 to 50,000 but let me ask the question, what is Albertsons current store that would go a mile to the west what are they currently building? Their later stores have been in the upper 50,000 range but Albertson's would have to speak to that. The existing store which is an older store is some 45,000 to 50,000 square feet. -~ - -- Oslund:- So it is comparable, l am just-trying to get an idea of how--.big a store this is. The secorfd'question, how many alternative sites were looked at, at any level in Meridian? Doug Kowallis, 6003 Overland, Suite 204, Boise, was sworn by the City Attorney. ~-r, -- _- _ - ..~::.__.~ _ ._ ~_ - --_ ~ n.. ~ __ . lEowaltis; We have looked at several as we (inaudible),~when.we initiated. the search for - -- 6 sites-for Smith's in Boise and Meridtarrthere probably isn't a corner in all this area that we haven't .looked at. As in _Meridian the .same in .Boise there is a lack_ of zoned designated sites that need to be 6 acres or better. In Meridian specifically we have looked --- .__A - - -a~-.the+.epert3H'tght-~~€tfa ~Mer' - -_ kw#ioh-is-gut--= :- --wai#able. We made-several attempts. The. rest becomes somewhat academic. ire-looking at major comers and ateriafs and traffic and being able to find where the roof tops are and where the needs can be served::` 1 gather information on the Nahas site, we looked at that. -~ - - ~-~ ~--So-h-guess in all there has been .an analysis done on 3 other sites besides this one. (Inaadibie) ' -- -MacCoy: Question, what are the hours for#his store, 24 hours? Kowallis: 24 hours ---- -- -MacCoy: Your parking lot accommodates how many cars approximately? Kowallis: 363 parking stalls MacCoy: And your deliveries to the store occur in the middle of the night? Kowallis: Those have been confined to the hours between 7:00 a.m. I believe it is and 10 p. m. The same if for sweeping, the only thing that is difficult to judge is snow removal which. MacCoy: On the question of lighting of that parking lot, how tall are your light poles? Meridian Planning & Zoning Commission January 9, 1996 Page 69 Kowallis: You are asking questions that are out of my area. Twenty five to a 30 foot max, we figured that those things would be specifically through design review, certain requirements imposed on how tall they could be and what sort of light. Smith's will meet those requirements. MacCoy: Put in a light that is directional (inaudible). Johnson: Anyone else? Hepper: There .was some comments made. that .perhaps. Smith's might be willing. to develop - the park rather than just donate the land, would you have any comment on that? Kowallis: That is my understanding that they will take a look at what the City will require and-that i .definitely aconsideration.- I can address one other issue that cam up if that is - -- okay. One-of the residents mentioned the problem with trash, J am aware of #hat-too not only with the- certain stores around town but in the past with Smith's. Smith's is a new store today than it was when they were here in town before. -The format that you see in front of you is a state of the art store. One of the things- that is significant I believe in what they . _. _ _ ...are try±ng t4ttet~-nefghbor-s-isis~ront koading aspect to keeps-#hE*tn~c~s-from ----- -- --------behind the store where they create-more-t~f-arrimpact in the screen.` One of the things that I don't think that has been brought out is there are no external dumpsters on this store. -These are trash compactors that are internal: Trash that is generated is fed into that dumpster inside the store. The truck pulls in and pulls out the entire dumpster or trash compactor-so trash would be eliminated. - -- - - -- - Hepper: What about compressors and generators by the back of the store? Kowallis: My understanding is those are in wells, I think these are some questions that Terry can answer, he is the architect and be able to give you a better understanding of those. Terry Scofield, 615 8th Street, Boise, was sworn by the City Attorney. Scofield: Question about compressors and other types of equipment. All of the equipment and compressors for the refrigeration is included inside a penthouse with a mechanical well for the air handler sitting next to it. The only pieces of equipment that are on the roof are venting and a one varicula system which we will screen on all four sides. Hepper: When you say in a well would you describe what that is. Scofield: It is pressed down into the store so it is actually sitting at the same height as the Meridian Planning & Zoning Commission January 9, 1996 Page 70 mezzanine of the compressor well but it is open on all four sides as well as to the roof so that it escapes directly straight up as the sound does also. Any other questions I can help you with? Johnson: Any other questions? Apparently not, well Michael are you finished? Wardle: Only to restate Mr. Chairman that we are willing to work with the City and with the residents of the area to mitigate the concerns. We want to restate the fact that if this request meets the objectives,.and_policies of the comprehensive=plan-and clearly it does than the Commission -can recommend to the City Council approval of the-requested rezone and we would make that request to you. Th~k you very much. Johnson: One last shot, does anybody want one last shot? :.. _ F~nkh~user: The only. thrng I want. to da is-make a couple of cornments on some of the __ statement that were made with some of the pre~rious testimony. One of the statements was that there are an existing 3300 cars at this intersection. Currently there are over 11,000 cars on Cherry lane and 7900 cars on Linder. So there are more than 3300 cars. Then ___ _. __. --- - t e __was~nother~tatemeat_~b~ut 33nn ~QU. ~~~~ nnminn ~~ .~+ +.. a4.:....:a.. •~.. -.-._-- _ . _ - ~_~w~__~.=is~Zat=3300_tr~ps a=#np-as eithe r~+n ~er- . r-beg+r~ ' ff sr~dtng -a#-#his-site; se-tr~ esseflee-there are - ---- ---__.. half as many cars as the 3300 it is just that one trip end is coming and starts there and it is either to home or to another site. So I just wanted to clarify those 2 issues. Johnson: I say another hand behind you there. Barkini: Waremart, .you mentioned the nice zoning behind it, the wall and all. Waremart did buy houses behind them to do -that. What size landscaping are they talking about, do you have somebody else on that for that other project, the eight foot entrance the four foot trees or forty foot trees. Right now, what is the difference on the traffic with the children and .all, if they drive to Albertsons or to Smith's. And what is the definition of a neighborhood .store. This is an acre and a half under roof approximately, is that a neighborhood store or is the Maverik or Cirde K a neighborhood store. Right now they are putting in a new Fred Meyer which people are coming from Boise that get off at Eagle and go right too Fred Meyer and go right home, there is a new Waremart, I don't know where they are on that one, right behind Chevron right by I-84. What guarantee or what limits are there on the noise, the decibel rating the ligh#s and even though they do have this inside trash. Being around a supermarket before there are carts all over the place. There is trash, there are people, they wont' have the dumpsters outside but people go through dumpsters even the compactor ones. One other thing is our family purchased this house, my wife and I have had t don't know ho~N .many houses thatwe have remodeled, and the location is one of the main ones in real estate. But another one that I preach to people I know is that Meridian Planning & Zoning Commission January 9, 1996 Page 71 (inaudible) go for, where we live on McGlinchy which is right behind it, we are not in the same category as Linder Falls, but there we purchased that one because of price because they were going to put an upscale behind us and that brings you up with that. So you are creating possible equity in your house by having this house next good stuff. You never want to have the most expensive house in the neighborhood. That is all. Johnson: Thank you. Well I would like to close the public hearing at this time. Wayne if you feel comfortable with the way we have been doing business the last 15 years here we will continue to do that. There was a comment made by an attorney tonight representing Smith's that perhaps we were doing things out of sequence as the way I understood that and that we should come up with a recommendation before we do findings of fact and I don't believe we have done that in the past. Do you have a comment on that, do you feel comfortable with what we have been doing. Crookston: I feel comfortable on it #onight particularly because !think there are some things that need to still be presented. Such as the covenants, there was one other thing I can't remember, one of the persons testifying .said they would bring, so I .don't feel uncomfortable with our system that we have been doing for a long time. - -- Johnson: l-will entertain a motion then to have findings of fact repaired. - -- - Shearer: I move we have findings of fact and conclusions of law prepared on this project. Oslund: Second Johnson: Moved and seconded we have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: This will be on our next, assuming the findings of fact are completed in time this will be on our next agenda the findings of fact will be for February 13. There will be no more testimony taken at that time but you will get an opportunity when it goes to the City probably the following week to testify again at another public hearing. It requires a notice again so you will get noticed. I have one more motion that I am waiting for here. Shearer: I move we adjourn. Hepper: Second Johnson: We have a motion to adjourn, all those in favor? Opposed? Meridian Planning & Zoning Commission January 9, 1996 Page 72 MOTION CARRIED: All Yea MEETING ADJOURNED AT 12:07 A. M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ATTEST: ,~ ^ JIM JO~INS~I, CHAT 13 RANDALL M. AND 1ULIE A. PIPAL 2350 E. Apricot Dr. Meridian, Idaho 83642 208/887-1764 January 9, 1996 Dear Commissioners, ~v ~' N~ ~ ~. ~;uS /" ~¢~ ~~ ,q ~ 1 ~' v / ~' We respectfully submit this written testimony with regard to the application of Dave Leader for a preliminary plat for land located in the. S 1/2 of Section 5, T.3N, R. lE, Boise, Meridian, Ada County, Idaho. The developer, Dave Leader, is responsible for the landscaping of Dove Meadows Subdivision No. 1, pursuant to the Declaration of Covenants, Article V, Section 5.4. We have occupied the home at 2350 E. Apricot Drive since the end of February 1995. During that time we have received nothing but excuses from the developer as to why the landscaping could not be completed. We feel that Mr. Leader has not maintained a good faith relationship with us, and we request that he be required to fulfill his obligations to Dove Meadows Subdivision No. 1 prior to beginning any work on Dove Meadows ___-- - _ _-_----- --~bdivision No: 2. Thank you for your consideration. Sincerely, ~~. ~ ~ ~~ Randall M. Pip ~ lie A. Pi / u~ P~ l"rL~ % L~.~; X7.1-~~~. 7, / 95'~ 1t~tL~:..~;.:~. ~f ~:. ~F~ - ~ ~r~ ~~~~. f_J ~rw ,u;'S-`' r~ /..: ti's-~-'~' ~ ``*~ . ~~'i'7y ~~L.G ~:Z`fE- y~7~"~~~_I~ ~~~~%'~ `~~~ ~ C.c~~r/7~fJ~E~ ~`,~: ,Lim" 'L~- -'~`~ ,~ ,~!"yL.~, Ld.^7Zf-[/14~~ ~ "" ~.cJ _1Zc=c:c'4 ~ ' (J~-~ .~.~r~~~=- ~ ~ ~ ~J J`t r,~,r,~, ~<<..:. f, ~~~u~~-per ~ ._ .~j '~ . r~t.4 ,[.~-~ Li L.~E.c-~u-~G"~- '.L 'su .L1 ,psi,/1~1 J.~c.~ - __ __ ~,~~ ~,""~~""~- _. _ ,~? ~~ 2,,~`'_ ice- Lc~ ~_~~~~ ~vL ~~ / ~r~~-lii ~ L ~~c.L 4.~.~ .ire-' ` ~~. ~~CG' <.t~i-tu/ .i a ~. ~f,,,_ , L G~-nc~.t-cam ~`L,t-,1~~: ..u~?1-;.~~(c.~. _ ~_~ ~ ~ ~ ~,~.~...~- ~ ~~ -GC. v :~~-~~J- -~- ~( /~f~~~~ _ ~ rr , sir, Ci ,C.~ ~N trwv ~ ~ ~,:L41'~- ~ /r~ .<~C3-- .~•'~J~ ~ ~.~~ Ji.//LG~uI~C~i /~ -._~ ~zc~.~~ z _ /,~ '~ i ,~i: ,~~ z.<..~ c-~'~ i ~ ~j--- <<<-.---=~L ..cam.-~''-~--~-"_ ;:~ ~ ,ti ~ U• ~.~ v L' ",~ r G-{- ~ ~ L ~- _ %;:.c.~. ~C..~' LS i~. / ~ .`~ ~ J ~ ~~_~.~- ~/ .3l ~' _`~ C-iii/~ -f `_ /~-' = L ~~,_ Gt.L '.~_ U-4-~-- ' r .: ~-~ ~ ~ may. C~J'~~~'" _ . ~i.-LLU ~ ~-%~C"2ci7'4t .~~~-.~ ~ ~-='-~.~ i ,/ 1 ` -71' '. i t-t~ ~ / ,~.j ~ ..1.., .. :. - ,~ ~. - _ .- r' _ .'~ ;~ r~ _ . , ,~l i J ,~ G. ` ~, ~ _ G~ _ _ ~~ C ~l . ~ .,,,~., ~. _ _ .r - _~ `- ~, ~ c~ ~ ~ ~ :, ~ J" J G °Z _; ~c . _,~ Y' [~ ~Ir~.irl"rJi~ MAR - ~ 15°6 CITY OE MERIDIAN March 2, 1996 Meridian City Council Members Meridian City Hall 33 E. Idaho St.. Meridian, ldaho 83642 Dear Council Members, Please accept this letter with regard to the hearing to be held on March 19th. My husband and I will be unable to attend the hearing, however, we do wish to give some input. I have lived in Meridian for over 35 years. I attended schools here, brought my husband back here to live, and my children have never Lived anywhere else. I even work in Meridian. Meridian is our home. Smith's Food King has proposed to build a grocery store on the corner of Cherry Lane and Linder, with no regazd to-the-wishes ofthe surrounding residents, or our school children who must cross those busy streets every day: That store, if built, will make FOUR GROCERY STORES IN A THREE MILE STRETCH OF CHERRY LANE! Fred Meyer is under construction, Albertson's has been here for years, and you have appazently already given approval for their new store on Ten Mile and Cherry Lane. No "neighborhood° needs that many . Boise to prove it. Even Fairview A~enue does not s ort fourand you can simply look at mile stretch! in a nut shell, Smith's did not p grocery stores in a three or work here. The residents ofMeridian az~he people~you arane supposed to re resent hve and it should be very clear that we do not want this store at this location. The r o e zoned for residential, and .just because the lots have not been sold, it is not you rduty o is rezone them in order to make something appear in that vacant Lot faster! Gentlemen, please be very careful to consider the wishes of the people who live here. Nothing Smith's can oiler in that location is essential to this city or the people who live here. Just ask us! Sincerely, Rhond oble 1650 N. Santa Rosa 11 ~l V ~ ~ ~ ~J Jl ~~~ Attorneys and Counselors at Law Mayor and City Council Members City of Meridian 33 East Idaho Meridian, Idaho 83642 607 North 8th Street, Suite 310 Michael T. Spink P. O. Box 639 388-1091 Boise, Idaho 83701 (208) 388-1000 JoAnn C. Butler Facsimile (208) 388.1001 388-1093 February 16, 1996 FEQ 2 0 ~99s CITY OF I~ERII3Ixr~ Re: Smith's Food & Drug Center, Inc./Findings of Fact and Conclusions Dear Mayor and Council Members: We have reviewed the Planning & Zoning Commission's Findings of Fact and Conclusions in connection with the above-referenced rezone application. Paragraph 16 on page 11 summarizes written testimony submitted following the public hearing. We are aware of at least one letter that was sent to the Commission post-public hearing which was not summarized in this paragraph 16. We include this letter for your information to help ensure that you have all the post-hearing letters before you. As you will read, Ms. Georgia Mackley delivered to the City, as requested by the Commission, copies of the Valeri Place Subdivision Covenants, Conditions and Restrictions and clearly stated that the property addressed in the Smith's application never has been governed by these Restrictive Covenants. Sincerely, J~~~~ ~.~ JCB aaa Enclosure cc: (w/ends.) David Nielson Mike Wardle Wayne Crookston JoAnn C. Butler .y _ ~ _ - J V V I JAN 1 y `+~~~ ~...~:. ' ~ - ~ -- .~~nJ C~ Ct ti3~Rtt3),x~t'~ DECLARATION OF COVENANTS, Q/ Ao , •,. n•.n ~,n G n 2: CONDITIONS AND RESTRICTION3~ t'~'= =~ ~ •• ~ ~3 FOR VALERI PLACE SUBDIVISION NO.1 11J;:0003U5 THIS DECLARATION is made ettoctive on the 20th day of August. 1993, by KASTLE FALLS SUBDIVISION PARTNERSHIP, an Idaho limited partners~-ip, hereinafter referred to as'Declarant'. WHEREAS, Declarant Is the owner of certain real property in the County of Ada, State of Idaho, hereinafter referred to as the 'Property', more particularly described as follows: The Plat of Valeri Place No. 1. recorded as Instrument No. 9358712 in Book 63 of Plats, at pages 6307 through 6308, records of Ada County, Idaho. NOW, THEREFORE, 3ran!or hereby declares that the Property and each Lot, parcel or portion thereof is and shall be held, sold, conveyed, encumbered, hypothecated, leased, used, c^cupied and im,,roved subject to the following terms, covenants, conditions, reservations, easbments and restrictions, all of which are declared and agreed to be in lurtheranco of a general plan for the protection, maintenance, subdivision, improvement and sale of the Property, and to enhance ttte value, desirability and attractiveness of the Property. The terms, covenants, conditions, reservations, easements and restrictions set forth herein shall run with tho land constituting the Property and with each estate Therein and shall be binding upon all persons having or acquiring any tight, title or interest in the Property or any Lot, parcel or portion thereof; shall inurd to the benefit o(every Lot, parcel or portion of the Property and interest therein, and shall inure to the benelil of and be binding upon Grantor, its successors in interest and each Grantee or Owner and his respective successors in interest, and may be enlorced by Grantor, by an Owner or his successors in interest. Notwithstanding the foregoing, no provision of this Declaration shall be construed as to prevent or limit Grantor's rigt~l to complete dbvetopment of the Property and to construct improvements thereon, rrantor's right to maintain model homes, construction, sales or leasing ollices or similar lacililies on any portion of the Property, nor Grantor's right to post signs incidental to construction, sales or leasing. L~l~!-F1 DEF1NI110NS 1.1 'Architec!2::a1 Control Committee' or 'Cornmitleo' means the Architectural Control Committee created by this Declaration as described in Article III. 1.2 'Articlos' shall mean tho Articles of this Declaration. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI PLACE SUBDIVISION, Page 1. F2~ysldoG~t•t/93(ValeriDeclar;2lion)7501-01 \. approved by the Architectural Control Committee. No fences of basket-weave design shall be allowed. No fence sh;211 be constructed psst i#ze front tut plena of thu dwell~nc~. On r.~rner Lols, no lence shall c>;.~nd past the Iront of thu dwclting, nnr stop at Ihn roar ~. ..~.-: ... U,.... ~-... /tn\ Innl to 11~~~ .-:.1:. 15920JU30U 1.3 'Association' shall mean the Valeri Place Homeowner's Association, a non-profit corporation organized under the laws of the State of Idaho. its successors and assigns. 1.4 'Board' shall mean the Board of Directors of the Association. 1.5 'Building Lot' or 'lot' shall mean arxi refer to any plot of land showing upon any recorded plat of the Property. 1.6 'Bylaws shall mean tho Bylaws of the Association which are or shall be adoptr7d by the Board. 1.7 'Committee' shall mean the A~chiteMural Control Committee. • • •~ 1.8 • 'Common Area' shall mean all real property, Including the improvements located thereon, owned t.~y the Association for the common use and enjoyment of the owners and shat! include the initial Common Area described below, together with such other properties as may be annexed thereto and designated as Common Area by Declarant in accordance with this Declaration. The initial Common Area to be owned by the Association is described as follows: Lot 1, Block 1, Lol 1, Block 2 and Lot 1, Btock 3 which are landscaped common area lots, and Lot 7, Blc.ck 3, whirti is a park and recreation lot. 1.9 'Declaration' or'Supplemenlal Declaration' shall refer to this Declaration as hereafter amended and supplemented from time to lime. 1.10 'Declarant', 'Developer' or'Gtantor' shall mean and refer to Kastle Falls Subdivision Partnership, an Idaho limited partnership, and his successors and assigns ii such successors and assigns should acquire more than one (1) undeveloped. Lol from the Declarant for the purpose of development and as part of such conveyance. the Declarant assigns and translers to such translereA the Declarant's rights with respect to such Lots. ~~ 1.1 ~ 'Improvement' shall mean any structure, facility. system, or other improvement or object, whether ponnanent or temporary, which is erected, constructed or Placed upon, under or In any portion of tho Property; including, but not limited to, buildings, fences, stroels, drives, driveways, sidewalKS, curbs, landscaping, signs, lights, mailboxes, electrical lines, pipes, pumps, ditches, waterways, swimming pools and other recreational facilities and fixtures of any kind whatsoever. 1.12 'Mortgage' shall mean and refer to any mortgage or deed of trust. and 'Mortgagee' shall refer to tl~o mortgagee or beneliciary under a deed of trust and 'Pvlortgagor' shall refer to the mortgagor or grantor of a deed of trust. 1.13 'Owner' shall mean and refer to the record Owner, whether one or more persons or entities, of a lee simple title to any Lot ~vl~ich is a part of the properties, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI ~ PLACE SUBDIVISION, Page 2. 'ells/aIr/OCJ1A/93(V:-!ariDcclanr~.n)~so~-ot 1;;JtiUGU`.lll maintained within the interior of a Unit in sanitary containers. All such material spilt only be kept in sanitary containers. Atl equipment for tl~e storage or disposal of s~rcli material shall be kept in a clean, neat and sanitary condition. 13 1:~ 92000907 including contract sellers, but excluding those having such interest merely as security ~:,~;, for the performance of an obligation. 1.14 'Plat' shall mean the recorded Ptat of Valert Flace Subdivision and the recorded Plat of any other Properties annAxod hereto. 1.15 'Property', 'Prcperiies' or 'Project' shall mean and refer to the real property heroinbefore described, and such .additions thereto as may hereafter be annexed and brought within the coverage of this Declaration as more particularly provided `.or herein. For ntarkeling purposes, the Property may bE, referred to as'Kastle Falls'. 1.16 'Setback' means the minimum distance established by law between the dwelling unit or other structure referred to and a given street, road or Lot line. 1.17 'Unit' shall mean one residence or dwelling which shall be situated upon a Lot. ARTICLE II GENERAL COVENANTS, CONDITIONS AND RESTRICTIONS 2.1 Exterior htaintenance• Owner's Obliga o s;. No improvements, including mail boxes and landscaping, shall be permitted to tall into disrepair and ea~•h improvement shall at all times be k~3pt in good condition and repair. 2.2 imnrovemen~~4catton (Setbacksl. No Building will be locat9d on any Lot near than twenty-five (25) feet to the front Lot line or nearer than twenty (20 feet to the rear Lot line. On corner Lots the street side Lot line shall be at least twenty-five (25) feet, except as otherwise approved by the Architectural Control Committee. Single story homes will be at least five (5) feet from one side Lot line and at least ten f10) leet from the other; PROVIDED, HOWEVER, no home shall be built nearer than fifteen (15) feet to any existing home. Two-story homes shall have at least ten (10) feet on each side Lot line. Eaves, steps and gutters shell not be considered as part of the building for the purpose of this section; PROVIDED, HOWEVER, that this shall not be construed to permit any eaves, steps or gutters or any portion of the building on any Lot to e~-tcroach Upon airy Other Lot. Open Patios shall not be considered as a part of the build~n~, but any open patio which would extend beyond the building lines as herein established shall, prior to construction, require the approval cif fhe Architectural Control Committee. All improvements constructed .on any Lot shall conform to the foregoing setback restrictions unless specifically waived in writing by the Architectural Control Committee who shall in all events not grant a variance except as may be In conformance with applicable Meridian Ciry ordinances unless a variance is granted by the City through its approved procedures. 2.3 lVulsances: Offensive Actlvltl s. No noxious or offensive activity. including without limitation, those creating an offensive odor, shall be carried on upon any Lot, nor shall anything be Gone thereon which may be or may become an annoyance or nuisance to the neighborhood. No trade, craft, business, profession, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI PLACL' SUBDIVISION, Page 3. F~IS/sldoGJt4/s~(ValeriDecl.~ration)75ot-Ot 1~:3200091ti tl~e Premises hereby conveyed or any party thereof for the collection of any charges herein required and to enforce the renditions herein stated. i5s2ooosos ccmmercial or other similar activity of any kind shall be coriducted on any Lot, nor shall seryvice orsbusginess betkept or stored on any t of xclepttng the righof anty ho ebutld e and the Declarant to constn:ct residences on any Lot and to store construction materials and equipment on said Lots in the normal course of construction. 2.4 o inilance wirt, Zo~tng prdinances. ordinances and regulations of all govemm3ntal bodies hav nll local laws' zoning Property shall be observed. 9 jur'sdl.'tion over the 2.5 Use of Common Are Thy ommon Area shall be used oniy for the purposes for which they aro tnlended in th., furnishing of services and facilities for the enjoyment of the Lots. There shad be no use of the Common Area except by the Owners thereof, their invitees, guests o- te;tants. Thera shall be no obstruction of any of file Common Area. Nothing shall be stored, kart, parked, built, erected, installed or altered in the Common Area without the prior consent of tha Association. Na waste shall be committed in the Common Area. 2.6 Land Us Buifdfna Tvo© and Exceptjn~, No Lot shall be used except for residential purposba, and no Lot shall be used for the conduct of any trade ar business ur pr~fes;'onal activity, Notwithstanding the foregoing, an Owner will tie allowed to conduct a 'garage safe' upon such Owner's Lot, but no more often than one weekend per month. An Owner may on an occasional basis sell the young of any domestic pets which are otherwise authorized under this Declaration, provided, however, that nothing herein shall be deemed to authorize the approval of the operation of a commercial kennel or the breeding of any domestic animal for commercial purposes on any Lot. No improvements shall be erected, altered, placed or permitted to remain on any Lot other than one designed to accommodate no more than one (1) single family residential dwelling. 2.7 31ze~~atlons a d Gara es. The minimum floor area of each single family dwelling erected upon a I ot, exclus ve of gat'ages, patios, breezeways, storage buildings, porches and similar structures shall b~1.,790'_square feet for a one story house and 2,260 square feet for a two-story or tri-level house. No split level homes or asement homes' shalt be allowed. No garage for less than two nor greater than four automobiles shall be permitted on any Lot and garage doors shall, in the aggregate, be limited to three automobile widths, except that one garage door may be oversized fora recreational vehicle. No portion of any dwelling originally constructed for use as a garage may be converted to any other use. Driveways are to be of concrete construction. Garage doors are to remain closed at all times except when being operated. 2.8 oofi Only shake, file or 30 or 40 year laminated architectural composition shin~g,e roofing (but no 'three tab composition roofs') shall be used on any structure constructed on a Lot unless approved othewise in writing by the Architectur Control Committee. al 2.9 Buitdlnq aei_gh~, Houses shall not have a building height greater than two stories above ground level unless otherwise approved by the Archtectural Control DECLARATION OF COVEN,IM'S, CONDITIONS AND RESTRICTI DNS FOR VALE PLACE SUDDIVISIO! i, Page ~1, RI FVSJsIr/otS/14/93(ValeriC :Iarallonj7501-Ot 1x92000013 Control Committee. The Owner of any Lot vrho dumps such material shall be liable for the cleanup and/or removal casts. 2.37 Excavation. No excavation for stone, sand, gravel, earth or minerals shall ba made upon a Lot unless such excavaCron is necessary for the construction of 1'=92000909 Committee. No basements without special approval. Corner lots and direct subdivision entry lots shall be limited to houses of one story above ground level ..iless otherwise approved by the Architectural Control Committee. stone or b~ck. Cli mney chase enhancers aes ~equlr.d, except in masonrytchimrieysod, miscollaneous oof metalslShallbe pafiltrla!oiblerid wi h aged wood shingles or exterior house colors. 2.12 Exterior Walls and T lm~. Material for exterior walls shall be as specified in the Architectural Control Building Guidelines. Colors and material treatment shall be continuous and consistent on all elevations to achieve a uniform design. Colors shall be compatible with surrounding homes. Prior. approval of exterior colors is required. 2.13 lNindovrs and Doors. Wood, vinyl, white clad end bronze anodized metal are approved for windows, door rrames, skylights and garden windows. Miil finished aluminum windev:s are not acceptable. 2.14 Utility ~~;eters. Utility meters are to be placed in an unobtrusive location and concealed behind fences where possible. 2.15 Gutters and Downspouts. All gutters and downspouts are to be continuous and shall be colored to blend with the surface to which they are attached. 2.16 Service Yards. Garbage cans, trash containers, lirewood, bicycles, etc. are to be screened so they cannot be seen from the street or surrounding houses. Consideration shall be given to the Placement of all heat pumps, compressors or like equipment so that they are not a nuisance to the surrounding houses and screened where possible. 2.17 l.andscaoind. All Lot owners shall prepare and submit a landscape plan to the Architectural Control Committee. Unless otherwise required by said Committee. all portions of a Lot which are unimproved with a dwellingg, garage, patio or other structure shall be landscaped and completely sodded. Landsca in yy and street side yards on corner Lots shalt include the planting of not lossethantthaee ornamental trees of a size and type as may be approved by the Architectural Control Committee's rules. All landscaped and sodded areas shall be watered t;tr pressurized sprinkler system. 2.18 ences. No fence, hedge or boundary wall situated anywhere upon any Lot shall have a height greater than six (G) feet, or such oiler lesser heights as the Architectural Control Committee may specify, above the finished graded surface of the ground upon which such fence, hedge or wall is situated. Chain-link lences are hereby prohibited, EXCEPT where required by Declarant or any public agency in order to secure utility sites, irrigation or drainage facilities, or other public use as deemed necessary. All fences shall be of venical cedar c'esign and construction or as otherwise DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALEFlI PLACE SUBDIVISION, Page 5. FVS/sldoC/1q/g3(ValeriDeclaralion)7501-01 15J2000~1~ architectural control requirements applicable to life Project and improvements to be constructed thereon and may also promulgate procedural rules and regulations concerning submission of plans to the Committee. Such rules and regulations shall have the sarne force and effect as this Declaration and may be enforced by the Declarant or the Association in the same manner as this Declaration may be enforced, vrhether or not such rules and regulations are recorded. 1'''1~,UUU31p approved by the Architectural Control Committee. No fences of basket-weave design shall be allowed. No fence shall be constructed past tho front lot plane of the dwelling. On corner Lots, no tence shall oxtond past the lront of the dwelling, nor stop at the tear ptaro of tho c'•nrelling on the street slde yard, nor be closer than ten (10) leet to the side Lot line. No fence, wall, hedge or shrub planting shall be placed or permitted to remain on any corner lot or ir. (rant of any structure facing any public right-of-way other than. within the applicable setback for structures except that same may be permitted it it is no more than three (3) feet in heigt!t or in the case o(a chain link fence. no more than lour (4) feet in height. 2.19 Exterior Ltglittn._.lc , Exterior lighting and interior lights reflecting outside shall not be placed to cause ylaro or excessive light spillage onto neighboring Lots. 2.20 Temp r_o ar~Sttttc Tres. No Improvements of temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be placed or used on any Lot al any time as a residence either temporarily or permanently. 2.21 Signs. No sign of any kind shall be displayed to tho public view from the Property without the written approval of the Architectural Control Committee, except one sign of not more than three (3) feet by two (2) feet. advertising a Lot for sale or lease and • except such signs as may bo used by Declarant in connection with the development of the Property and sale of Lots. This restriction shall not prohibit the temporary placement f of political signs on any Lot by the Owner. 2.22 Qil and Minlttg ORgrations: No oil drilling, oil development operations. s oil refining, quarrying or mining operation of any kind shall be permitted upon the ~r Property, nor shall oil welts, tanks, tunnels; mineral excavations or shafts b© permitted upon the Property. No derrick or other structure riesigned for use in boring for oil or '~ natural gas shall be erected, maintained or permitted upcn the Property. 'n 'y 2.23 nimals. No animals, livestock, snakes or poultry of any kind shall be ets ma be ther household t r k t' d d b l th i d p y ogs, ca s o o ept on any se , re or ot. except a ra a kept provided that they are not kept. bred~or maintained for any commercial purpose '• and provided that the keeper of such pets complies with all city and county laws. rules and regulations. Owners are encouraged to place dog runs and kennels in rear yards. They shalt only be permitted to be placed and maintained in rear ur side yards anc. in no ~e id event shall such structure be visible from a street. All such kennels or facilities shall comp)y with all applicable laws and rules except that dog runs and kennels may be id d i hi d d k li e an nes. place w t n s rear yar setbac ie of All dogs and cats or household pets kept on these premises shall be properly fed and cared for and shalt be adequately fenced so as not to annoy or trespass upon the use of property of others. Dogs shall not be allowed to run at large, shall not be tied in of or kept in the front yards, and must be leashed when outside any dwelling or fenced yard. No more than tour (4) animals and no more than two (2) dogs and two (2) cats is may be kept at one time, except that a tiller of young may be kept until eight (8) wr3eks old. eS °f 2.24 Garbage and Refuse Disposal. No rubbish, trash, garbage, refuse or debris shall be placed or allowed to remain on the Property except trash kept and DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI .RI PLACE SUBDIVISION, Page G. FVS/slr/OG/14/93(Vatcri0cclarnl'ton)75ot-Ot J31(i _~ i~`)2000:i1~ its review as it deems propper, including without limitation, landscape plans, drainago plans, elevation dra•nrinr~s and doscriptions or samples of exterior m:+lnri~! r•nln~e tlnlil rnrninf by 1hn (`nmmiltArs nl rlnV fArltllrr~fl f~1:1nS. 1:: J~:UGU`.311 maintained within the interior of a Unit in sanitary containers. All such material shall only be kept in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean, neat and sanitary condition. 2.25 Stght Distance at Intersections. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between three (3) and eight (8) tact above the roadway shall be placed or permitted to remain ~n any corner Lot within ttre triangular area formed by the street Property lines and a line connecting them at points thirty (30) feet from the intersection of the street lines. or in the case of a rounded Property comer from the intersection el the street Property lines extended. ;he same sight line limitation shall apply on any Lot within ten (10) leet from the intersection of a street Property line with the edge of the rriveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at suilicienl I~eiglri to prevent obstruction of such sigl-t lines. 2.26 Declarant's Ri4ht. Declarant reserves the right to construct residences and other improvements upon said Lols and to ottsr the same wily completed structures thereon for sale to individual Owners. 2.27 Boats. Campers and Ot~sr Vehicles. No campers, recreation vehicle, trailers, boats, motcrcycles, snowmobiles, snow removal equipment, golf c2rts, maintenance equipment, or similar Equipment shall be parked on any Lot unless fully enclosed .n a garage or on a create pad, screened from view in the rear or side yard of said Lot by fencing approved by the Architectural Control Committee, and the same shall not be parked on any street adjacent thereto. All other parking of the aforesaid equipment and vehicles shall be prohibited, except as approved in writing by the Architectural Control Committeo. No parking areas or driveways shall he constructed or maintained except as approved by the Architectural Control Committee. Junk cars, inoperable cars or vehicles, or unsightly vehicles, shall not be allowed on any part of the Property, nor on streets adjacent thereto or within the Property, excepting only within the confines of an enclosed attached yarage. Notwithstanding the foregoing; .any Owner or gr!est of any Owner may ;:ark a trailer, boat, motorhome or camper. on a driveway or a public street in the Property for a maximum of three (3) consecutive days, provided such is not in violation of the ordinances of the Cily cf Meridian. 2.28 Sewaqe Disposal, No individual se~va~e disposal system shall be permitted on any Lot. All recorded Lots within this Subdivision shall be subject to and restricted by the following recorded Subdivision Covenants: ~' 2.28.1 A monthly sewer charge must be paid after connecting to the Meridian City public sewer system, according to tiie ordinances and laws of Meridian City. 2.28.2 Owner shall submit to inspection by either the Department of Public Works or the Department of Building Safety ~vl~enever a subdivided Lot is to be connected to the sewage system. , 2.28.3 The ApplicanUOwner ~f the Subdivision shalt and hereby does vest in Meridian City the right and power to bring all actions against the Ormer of DECLARATION OF COVENANTS, COND1T1ONS AND RCSTfiICT1ONS FOR VALERI ('LACE SUE3DIVISION, ('age 7. F\~S/;,!s.'Lti~1•U93(V.dcriUcrlnr:~ri~~~)7501-ot 3.8 Variances. The Conimittec~ may authorize variances from compliance 1502000012 tt-e Premises hereby convrsyed or any party thereof for the collection of any charges herein required and to enforce the condi!ions herein stated. 229 Bat ems. All bathrooms. sink and toilet facilities shall be inside residence buildings and shall be connected by underground pipes directly with the sewer system. 2.30 t nna No television or radio an!ennae, satellite receivers or radio aerials shall be installed on the Property, other than within the interior of a Unit. 2.31 Unsightly Articles. No unsightly articles shale be permitted to remain on any Lot as to be visible from any other portion of the Properly. Without limiting the foregoing, no clothing or household fabrics shall be hung, dried or aired in such a way as to be visible from any other portion of tt~e Properly. No lumber, grass, shrub or tree clippings or plant waste, compost piles, metals, building or other materiels or scrag or other similar material or articles shall be kept, stored or allowed to ac~cumulat3 on any portion of the Property except within an enclosed struct~rre or appropriately screened from view as approved, in writing, by the Architectural Control Commitlte. 'Screened' is defined as being concealed or made non-visible from eye level, at grade, at all pints within the Property. Perrtanent, in-ground clothes lines are prohibited. 2.32 Constrtrctlon. touring the course of actual construction of any permanent improvements, pursued i:t accordance with Section 2.25 hereof. the restrictions contained in this Declaration and any supplemental declarations shall be deemed waived to the extent necessary to permit such construction, provided that during the course of such construction nothing shall bo done which will result fn a violation of these restrictions upon completion of construction and all construction shall be diligently prosecuted to completion, continuously and without delays. 2.33 Reconstruction. In any case where it is necessary to reconstruct a Unit. said reconstruction shall be prosecuted diligently, continuously. and without delays from time of commencing thereof until such stricture is fully completed and painted, unless prevented by causes beyond control and only for such time that such causes continue. 2.34 Prosecution of Construction Worl4. The construction of all dwelling houses and structures shall be prosecuted diligently, continuously and without delays from the time of commencement thereof until completion and panting. All structures shall be completed ~s to external appearance, including finish painting, within one (1) year from the date of commencement of construction, except as may be expressly __ extended by the Architectural Control Committee. 2.35 N~alntenance gnat Rg~. In the event the Improvements on any Lot shall suffer damage or de~truclion from any cause, the Owner thereof shall undertake the repair, restoration and reconstruction thereof within nLtety (9C~ days of such damage or destruction. 2.36 NoNo._ Dumoing. No excavation material, grass or yard clippings, rubbish, trash, garbage, refuse or debris shall be placed ur allowed to remain on any vacant or unimproved Lot, without the prior written r;rproval of Declarant or the Architectural DECLARATION OF COVENANTS, CONDITIONS /1ND RESTRICTIONS FOR VALERI PLACC SUBDIVISION, Page f3. FvSrslr/~~-.rt43(fir:tlcriD~~:lanl'Mn)7S01-Ot 1:.-0200001^ n.RTIrLE v /-. ~' rv~/surwrtwti:!(Vale aaratlon)7501-01 192000913 Control Committee. The Owner of any Lot who dumps such material shill be liable for the cleanup and/or removal costs. 2.37 Excavation. No excavation for stone, sand, gravel, earth or minerals shall be made upon a Lot unless such excavation is necessary for the construction of improved structure thereon. ARTICLE 441 ARCHITECTURAL CONTFIOL COMMITTEE 3.1 Architectural Contro Cummltt„gA. The architectural control of the Lots and Common Area within the Properly shall be mane ed by the Architectural Control Committee, which shall consist of no less than three (3}g persons and no more than five 5) persons as the Board of Directors of the Association may determine. The ommittee decisions may be made by a majority of its memtars. The initial Architectural Control Committee shall be comprised of Vicki Welker, Jack Gibson and James Igel, w'no shatl serve until the last Lot in the Project or in any annexed Property, is sold ar~d the plans for such improvements thereon havo been approved by the Committee. Thereafter, the Architectural Control Committee shall tie appointed by the Board of Directors of the Association who may appoint one or more of its members to serve on the Architectural Control Committee and whose members shall in all events be owners of the Lots in the Project. The committee shall act as an Architectural Control Committee and shall, prior to any new construction in said subdivision, be furnished with one set of detailed plans and specifications of any proposed building to be located on said Property and shall tie allowed fifteen (15) days to review said plans, drawings and specifications. If said Committee shalll approve the proposed building, or any modification or alteration thereof, they shall so indicate by the dating and signing of the set of plans by two members of the Committee. and their approval shall be construed as full compliance with these Covenants and arty supplemental architectural guidelines of the original Covenants. Said Committee shall have the sole discretion to determine what shall be substantial compliance with said Covenants. No building shall occupy any portion of said Property without prior consont of said Committee. A Committee member r~tay participate to the Committee's decision regarding his own improvements on his own plans and specifications. Notwithstanding any other provision to the contrary in this Declaration, a majority of said Committee is empowered to act for the Committee. In the event anyy member o! the t'•ommittee is unable to act or fails or~desires not to act, the remaining Commrtles members shall appoint an Owner of a Lot in said Subdivision to serve on said Committee, all of whom serve without compensation. Neither the Committee, its members nor Grantor shall incur any liability for any omission or act by any of tht~ above-named parties under this Article 3 or in the enforcement of this Declaration. 3.2 Architectural Control Buildtna a Ines. The Architectural Control Ccmmittee may, and is hereby empowered, to promulgate rules and regulations in conformance with This Declaration, which shall further detail the substance of all DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI PLACE SUBDIVISION, Page 9. '-VS/sldor~lt4is3(ValeriDec:laratwn)75ot-ot 1a3200031s secure utiuty sites. ~mgatron or drainage facilities, or other G ,a use as deemed necessary. All fen shall be of vertical cedar design and construction or as otherwise DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI PLACE SUBDIVISION, Page 5. F1/S/sir/06J14/93(ValeriDeclaration)7501-01 159200091 ~~;Y; arc itectural control requirementst.applicableto.ahe~ Project and improvements to be ~.-~ -~ :-. ~.:; constructed thereon and may also promulgate procedural rules and regulations concerning submission of plans to tl~e Committee. Such rules and regulations shall have the same force and effect as this Declaration and may be enforced by the Declarant or the Association in the same manner as this Declaration may be enforced. whether or not such rules and regulations are recorded. 3.3 Architectural Control. No improvements which will be visible above the ground or which will ultimately affect the visibility of any above ground improvement shall be built, erected, placed or materially altered, including without limitation. change of exterior colors or materials, on the Property unless and until the building plans, specifications and plat plan have been reviewed in advance by the Arcl~iteclural Control Committee and the same have been approved by the Committee. The review and approval or disapproval may be based upon the following (actors: design and style elements, mass and form, topography, setbacks, exterior color and materials, physical or artistic conformity to the terrain and the other improvements on the Properly which the Committee, in their reasonable discretion, deems relevant. Said requirements as to the approval o.' the architectural design shall apply only to the exterior appearance of the improvements. The Committee may also consider whether the proposed structure and design shall, be in harmony with the surroundings, the effect of the building or other structure or alterations therein as planned when viewed from the adjacent or neighboring property effect or impairment than said structure will have on the view of surrounding building sites, and any and all other factors which, in the Committee's opinion, shall affect the desirability of such proposed structuro, improvements or alterations. Actual construction shall comply substantially with the plans and specifications as approved. This Declaration is not intended to serve as authority for the Committee to control the interior layout of design of buildings except to the extent incidentally necessitated by use and size requirements. 3.4 Review of Proposed Constructlort. The Committee shall consider and act upon any and all proposals which shall be submitted in writing and contain plans and specifications submitted to it for its approval pursuant to this Declaration and in addition, shall have the right to inspect the construction of the improvements in progress to "' ensure their conformance with the plans approved by the Committee. The Committee shall have the power to determ'.-te and make, provide for and adopt rules to determine which types of improvements and whether such improvements satisfy the requirements imposed by this Declaration and are (n harmony with the purpose of this Declaration. The Committee shall approve proposals submitted for its approval only if it determines that the construction, alterations or additions contemplated thereby and the locations indicated will not be detrimental to the appearance of any structure and the Property in general, and will be in harmony with the Property and surrounding structures. 3.4.1 Conditions on Ap oval. The Committee may condition its appproval upon such changes therein as it deems appropriate and may require submission"of additional plans and specifications or other information before ' approving or disapproving any proposal submitted. 3.4.2 Detail of Plans. The Committee may in its sole discretion determine the level and nature of detail of plans and specifications submitted for DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI FLACE SUBDIVISION, Page 10. FVS/sir/off.X14/93(ValeriDeclaration)7501-01 debris ~ all be placed or allowed to remain on t. 'roperty except trash kept and DECLARn"PION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI lALERI PLACE SUBDIVISION, P;tge6. FlrS/sir/OGIt4/93(ValcriDeclaration)7501-01 '.Ot-ot 1r1j4:000:~1J 'UUU`31E~ its review as it deems proper, including without limitation, landscape plans, drainage plans, elevation drawings and descriptions or samples of exterior 'oliance material colors. Until receipt by the Committee of any required Plans, ~rr~ental specifications and additional information, the Comntiltee may postpone review of --ent of any plans submitted for approval. natural except 3.4.3 ~mtttee Dec(~p~. Decisions of the Committee and the Section reasons therefor shall ba transmitted by the Committee to the applicant at the at least address set forth in the application for approval within tilteen (15) days after the ~n in the tiling of all materials required by the Committee. The complete application, .tad, no including any additional materials and detailad plans requested by the ~laration Committee, shall be deemed approved unless written disapproval or requests for .rice was additional information shall have been mailed by the Commiriee or any member ie terms thereof to the Applicant within (itteen (15) da s alter the date ol~ tiling of said purpose materials with the Committee. Such fifteen (15~ day period shall only commence ~ by the to run when the Committee has : cknowledged in writing the acceptance of such with all application as complete. ~ but not • the City 3.4.4 Commit eo O fice and Addresg. The Committee's agent !or purposes of submission of plans and additional material shall be Vicki Welker. All plans and material shall be submitted to her at the following address: P.O. Box 888, 2057 West Monaco, Meridian, Idaho 83680 or through Valeri Place Project Sales Managers. 3.5 Meetings of the Committee. The Committee shall meet tro~n time to .IY~.n_gs_• time as is necessary to perform its duties hereunder. The vote of any two members of :laps and the Committee, or the written consent of any two members of the Committee taken property without a meeting, shall constitute an cct of the Committee. . rid on the 'poses of 3.6 Lo Waiver of Future A~rovals. The approval of the Committee of any . and the proposals (or any work done cr proposed, or in connection witrt anyy olhar matter purposes required in the approval and consent of ~ the Committee, shall not . be deemed to ween the constitute a waiver of any right to withhold approval or consent as to any similar damage proposal subsequently or additionally submitt~.l for aF; royal or consent by that or any other app!'~ant. right-of•- 3.7 nspeciion of Work. At any time dui.. 7 construction or after completion i irrigatiun of construction. the Committee or any mF~nber thereol may inspect the work and should the Committee determine that the work ~r improvements are not being made in r•^-tformance with the plans and sFecifications sutxr.:tted to and approved t,y the ~tion and t..ummittee, may notify the applicant and demanu that such Improvements bo • recorded constructed or reconstructed In accordance with the sul,rnitted plans and ~pecificatlons. placed or Should the applicant, the Owr•.er or the applicant's or Owner's con;factor tail to construct ~3tion and or reconstruct the improvements in accordance wfth the plays and sper:lficati~ns channels submitted within five (5) days alter written notice of noncompliance by the ColmmitteR, drainage the Committee may seek any judicial remedy at law or in equity, including a nandatr TP11rC in it ~ or a(tirmative injunction to require compliance with such plans and speciticatlons, or this for those Declaration, and shall additionally tx~ antitled to recover its reasonable attorneys tees and costs. DECLARATION OF COVENAP ITS, CONDITIONS AND RESTRICTIONS t=OR `IALERI R VALERI PLACE SUBDIVISION, Page 11. FVS/str/os/ta/a3(Vateri0ectarati~n)~ 5ot-ot ~n)7sot-ot 2.28.3 ~ The ApplicanVOwner of the Subdivisions and hereby does vest in Meridi~. .ity the right and power to bring all actions ayainst the Owner of DECLARATION OF COVENANTS, CONDITIONS AND RESTf~ICTIONS FOR VALERI PLACE SUBDIVISION, Page 7. FVS/slr/oG114/~J3(ValcriDeclr-ral'wn)7501-01 1~J:'00031f~ 3.8 Variances. The Committee may authorize variances from compliance with any of the architectural provisions of this Declaration or any supplemental declaration, including restrictions upon height, size, floor area or placement of structures, or similar restrictions, when circumstances such as topography, natural obstructions, hardsi~ip, aesthetic cr environmental considerations may require, except that no variance shall be allowed for the minimum square tootages set torth in Section 2.6 hereof. Such variances must be evidenced in writing, must be signed bar at least two (2) members of the Committee, and shall become eflectlve upon recordation in the Office of tl~e County Recorder of Ada County. It such variances are granted, no violation of the restrictions contained in this Declaration or any supplemental declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration or of any supplemental declaration for any purpose except as to the particular Property and particular provision hereof covered by the variance, nor shall ft affect in any way the Owners obligation to comply with all governmental laws and regulations affecting his use of the premises, including but not limited to zoning ordinances and Lot setback lines or requirements imposed by the City of Meridian or any governmental authority. ARTICLE IV EASEMENTS 4.1 alntertance and Use Easement Between Walls and Property t_Ir~. Whenever the wall of a structure or a Ience constructed on a Lot under plans and specifications approved by the Committee is located within three (3) feet of the property line of such Lot, th ~ Owner of such Lot is hereby granted an easement over and on the adjoining Lot (not to exceed three (3) feet from the property line) for purposes of maintaining and repairing such wall or fences and eaves or other overhangs, and the Owner of such adjoining Lot is hereby granted an easement for landsc~~'.ng purposes (not including permanent structures) over and on the area, if any, I~~ing between the Property line and such structure or fence so long as such use does not cause damage to structure or fence. 4.2 ~iigl~t-of-Way Easements. All Lot lines common to a public right-of-- way line shall have a ten (1G) toot wide permanent public utilities, drainage and irrigation easement. 4.3 Other Maintenance Easements. Easements for Installatio:i and maintenance of utilities and drainage facilities are reserved as shown on the recorded pint. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or Interfere with the installation and maintenance of utilites, o~ which may change the direction of (low of drainage channels in ti-~e easements, or which may obstruct or retard the flow of water through drainage charr:els in the easements. The easement area of each Lot and all improvPmpnrQ ~^ it shall be maintained continuously by the Owner of the Lot, except tar those improvements for ~a~hich a public authority or utility company is responsrbie. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI PLACE SUBDIVISIOP~, Paga 12. FvS'slrM"1~'J93(ValeriDeclaralion)7501-0t -_.,,, .. ~-:_..'..e,,.:..:..:.,,:-,...,..~w....n.r~q+kcd+.~icTr,.o~.snnM.sl~o ,. ununpiwcu car, wnnuut urH_unur carmen Gpprovar of ueclarant,or to rcnrtecturat DECLARATION OF COVENANTS. CONDITIONS AND 9ESTRICTIONS FOR VALERI PLACE SUBDIVISION, Page E3. t-lIS/sit/oG/14/g3(ValeriDeclaration))501-Ot Zr92000U17 9RTICLE V HOMEOWNERS ASSOCIATION 5.1 TAI a Oroanizatton. The Association is a non-profit memborship corporation organized under the laws of the state of Idaho and formed for the specific purposes of maintaining, managing and preserving the Common Area, providing for the architectural control of the Lots and Common Aroa, and promoting the heallii, safely and welfare of the residents of the Property. The Association shall have all the powers and duties granted to or imposed upon it by this Declaration, the Articles of Incorporation and the Bylaws. 5.2 Membership. Every person or entity who is a record Owner (including contract sellers) of a fee or undivided fee interest in any such Lot shall, by virtue of such ownership, be a Member of the Association. When more than one person holds such interest in any such Lot, all such persons sh411 be Members. The foregoing is not intended to include. persons or entities who hold an interest rrrerely as security for the performance of an obligation. Membership shall be appurtenant to and may net be separated from ownership of any such Lot subject to assessment by the Association. Such ownership shall be the sole qualification for membership, and shall automatically commence upon a person becoming such owner, and shall automatically terminate and lapse when such ownership in said Property shall terminate or be transferred. The Association shall maintain a membership list and may req~:tre wr:tien proof ~of any Member's Lot ownership interest. . 5.3 Votinq~ig ts. The Association shall have two classes of voting membership: 5.3.1 Class A. Class A Members shall be all Owners. with the exception of the Declarant, and shall be entitled to cne vota for each Lot owned. When more than one person holds an interest In any Lot, all scch persons shall. be Members. The vote for such Lot shall be exorcised as they determine, but in no event shall rnGr•e than one vote Ce cast with respect to any Lot. 5.3.2 Class B. Tha Class C Member(s) shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. Tt:3 Class B membership shall cease and be converted to Cla ~s A membership on tho happening o[ ~.~ther of the following events, whichever occurs first: (i) When the total votes outstanding In the Class A membership equals the total votes outstanding in the Class B membership; or (ii) At such :ime as the last Lot in the Protect or if any Property is annexed pursuant to Article VIII, the last Lo! in an~• annexed lands, are sold by OeciPrant. 5.4 Board of Directors. 5.4.1 Number of DiC c o s. The affairs of the Association will be managed by a Board consisting of the number of directors determined by the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI PLACE SUBDIVISION. Page 13. rt'S/sId06/14/93(VrleriDeciaratwn)7501-01 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI PLACE SUBDIVISION, Page 9. ~11S/s1d06114/~33(ValeriDeciaration)7501-Ot 132000318 Bylaws, but not less than three (3) directors. D~ectors of the Association shall be nominated, elected and removed and vacancies on the Board of Directors shall be filled in the manner provided by this Declaration and the Bylaws. 5.4.2. initial Board. The names and ar~resses of the members of the initial Board of Direclo~s who shall hold office until their successors are elected and have qualified, or until removed, are as follows: Vicki Welker P.O. Box 888 fvleridisn, Idaho 83680 .~,•~ Jack Gibson ~ 1602 West Hays Boiso, Idaf~ 83702 James Igel 1602 West Hays Bolso, Idaho 83702 5.6 General Poyvers Duties and Authorities of the Assoctation. The Association shall have all of the powers set forth irc ~ Articles, •iogather with the general power to do any and all things that a corporation organ(zed under the laws of the state of Idaho may lawfully do in operating for the benefits of its members, subject onl)r to the limitat?ons upon the exercise of such povaers as are expressly set forth in the Articles, the Bylaws and this Declaration. The Assoctation shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the Association under and by virtue of this Oeclaratbn and to do and perform any and alt acts which may be necessary or proper for or incidental to the exercise of any of the express powers of the Association or for the pee, health, comfort, satet~ and/or general welfare of the Ovmers and guests of the Owners. The Associat on may delegate any ;~f its power to such committees, ofitccers or employees thereof as a majority of the Board may deem appropriate. Witlwut I~miting the generality of tho foregoing paragraph, the Association, for the beneffi of the Property and all Lot Owners, shall have the power, obligation and duty to enforce the provisions of this Declaration and shall obtain and pay for out of the maintermnce fund all Assessments of the Property, us that term is defined and used in Article Vl of this Declaration. 5.7 Ca itap I Improvements. The Association may purchase or construct capital improvements in the Common Area and assess the Owners for the costs thereof, provided that if the cost of any such capital Improvement shall be in excess of live percent (5%) of the budgeted gross expenses for the current fiscal yE•ar, the authorization for such purchase must be by the affirmative vote of at least two-thirds (2l3) of the Voting Owners, including Declarant, vot(ng in person or by proxy at a meeting dul;~ called for said purpose. 5.8 Protect Rules. 5.8.1 The Board may, from time to time, and subject to the provisions of this Declaration, make and amend reasonable Rules concerning the Property. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI PLACE SUBDIVISION, Page 14. tats/sir/OG/14/93(ValetiDeclan~tir~n)7501-01 :i:zUUU3ti0 li3~UUUU1~) +wner or may be :ociation, be liable d repair. d by the i occurs ~th (1/34) Member common to every ,n~ rights Batton, for remains ;ion of its ~~y part of purposes No such Members rship has io such e sent to lays prior •omul~ate a to time, ~s by the rivacy or ~asonable ~ with the is right or s tenants, t VALEP,I ~,l~r•C1-U1 5.8.2 Wilh respect to Section 5.8.1 above, the Rules may, without limitation and to the extent deemed necessary by the Board to preserve the benefits of the Property for all Lot Owners, and their lamilies, invitees, licensees, tenants and guests. restrict and/or govam the use of the Common Area by any guest, by any Owner, or by the family of such Owner, provided. however, that with respect to use of the Common Area, the Rules may not discriminate behveen Owners and the families and lessees of Owners. 5.8.3 A copy of the Rules shall be furnished to each Lot Owner and each Lot Owner, his family, guests, employees, invitees, licensees or tenants shall comply with such Rules. 5.9 gnfor~ cement, The Board shall have the power, c5ligation and duly to enforce the provisions of this Declaration, the Bylaws and the Rules. .n the event of a breach of any of the restrictions contained in this ~~eclaration or of any Rule: by a Lot Owner, his family, guests, employees, invitees, licensees or tenants, the Board, for and on behalf of all other Lot Owners, may enforce the obligations of each Owner to obey such Rules or restrictions in any manner provided by law or in equity including, but rot limited to, commencing appropriate legal action, suspending the Owner's right to use the Common Area and facilities of the Property or suspending the Owners voting rights, provided however, such suspension may not be for a pperiod in excess of thirty (30) days after notice and hearing as herein provided, for an infraction of such Rules. In addition to the other remedies herein set forth, the Board, by majority vote, may levy a fine against such Owner, after appropriate notice and hearing as herein provided, in an amount not to exceed One Hundred Dollars ($100.00) for each such violation and the pay~rent of such fine may be enforced in the same manner as set forth in Article VI hereof. Prior to imposing any penalty provided herein for breach of any Rules enacted hereunder or restrictions contained in this Declaration, ttie Board shall send written notice to the Lot Owner specifying the nature of 'he infraction and provide an opportunity to the Lot Owner to a hearing before the Board regarding such infraction and ttie penahy to be imposed. In the event that lt~e Board determines that said infraction has occurred and (fiat a penalty shall be imposed, after a reasonable opportunity for a hearing has been provided, the determination of tfie Board shall be final. Notwithstanding anything to the contrary herein contained, neither the Board nor the Asso~Iation of members shall have the power to cause a forfeiture or abridgerner+t of an Owner's right to tho full use and enjoyment of his Lot, including his right of ingress and egress to his Lot on account of such Owner's lar'iure to comp)y with the provisions of this Declaration or of the Bylaws or any rules adopted by the Board relating to the operation of the Property, except as the result of a judgment o(• a court or a decision arising ou! of arbitration or on account of n foreclosure or under the power of sale herein granted for failure of tl~e Owner to pay (tie assessments levied pursuant to the provisions hereof. In ttte event legal action is instituted by the Board pursuant to this paragraph, any judgment rendered in any such action shall include costs of collection, court costs, and reasonable attorneys fees. 5.10 Books nnd~~ order. The books. records, papers and current linancial statement of the Association shall bo at al tunes. during reasonable business Fours, bo subject to inspection by any Lot Owner, his duly apl~oinled representative, and any prospective p~~rchaser of a Lol. Tho Declaration, Articles of Incorporation, ©ylaws and DECLARATION OF COVENANTS, CONDITIONS AND Rf'Sl'RICTIONS FOR ~VAlCfil PLACE SUDDIVISION, Page 15. ~rsi;;aloe.~t.usaw:~I~riDrclrr.Uia,),sot_ot 1:::)ti000~):: .:~n, the G.10.1 All properties expressly dccficatc•d to taut accepter( by a local of any public aulhorily; sts ~ rid G.10.2 Any Common Areas; and'ci i~,..r. . G.10.3 Propc,~ity owned by the Declarant prior .~. 1532000320 Rules for the Protect shall also be available for inspection by any Lot Owner or prospective purchaser at the Association's principal oliice ~::ne:e copies may be purchased at a reasonable cost. 5.11 Llmltation Upon Llabllitx. of Assoclatton. The Association, . notwithstanding its duty to maintain and repair parts of the Property. shall not be liable to Lot Owners for injury or damage, other than the cost of maintenance and repair, caused by any latent condition of the Property to be repaired and maintained by the Association or caused by the elements or other Owners or persons. 5.12 Common Prosy Owners,(_iip. Untr~ and it any annexation occurs Pursuant to Article VIII, each Member shall own an undivided one-thirty-fourth (1/34) interest in the Common Area. ; 5.13 Members' Easements of Enloyment to Common Area. Every Member of the Association shall havo a right and easement of enjoyment in and to lt5e Common Area and such easement sitali be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: 5.13.1 The right of the Association to suspend any Member's voting rights and/or right to use any of the recreational facilities owned by the Association, for any period during which any assassment against said Member's Lot remains unpaid, and for a period not to exceed sixty (GO) days for each infraction of its published rules and regulations; 5.13.2 The right of the Association to dedicate or transfer all or any part of the Common Areas to any public agency. authority or utility for such purposes and subject to such conditions as may be agreed to by the Membars. No such condition or tran3far shall be effective unless an instrument signed by Members entitled to cast two-thirds of the matority of the votes of the membership has been recorded in the appropriate county dead records, agreaing to such dedication or transfer, and unless written notice of proposed actions are sent to every Member not less than ti~irty (30) days nor mora than ninety (90) days prior to such dedication or transfer; and 5.13.3 The right of the Directors of the Association to promulgate reasonable rules and regulations governing such rights of use, from time to time, in the interest of securing maximum safe usage of such Common Areas by ttie Members of the Association will~out unduly inlringing upon tha privacy or enjoyment of the Owner or occupant of any part of said Property. and raasonable regulations and restrictions regarding parking. 5.14 Deleaatlon of Uso. Any Member may delegate, in accordanca with tl~e Rules and Regulations or Bylaws adopted from time to lima by the Directors. his right or enjoyment to the Common Areas and facilities to tho Members of his family, his tenants, or contract purchasers, provi: ing they reside on Ilia Property. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOFt VALERI PLACE SUBDIVISION, Page 1G. F1rS/slr:Gu/1.1.'t~:=~\'alrnD~~:-.v:da•n17~'~; 1-Ot 1i7: UUU`.) liabilities incurred by the Association under or by reason of this D~~:!~::i:~, tlr.r payment of any deficit remaining from a previous period, and the crr:~ti; ri of any reasonable contingency or other reserve or surplus fund, as ~vcll as alt co::s.ar:i1 expenses relating to tl~e Common Area and improvements. 0022 ~. 1592000921 3 the ARTICLE VI may fibers MAINTENANCE ASSESSMENT AND MORTGAGEE RIGHTS 3• .count 6.1 Creation of the Lten and Personal Ob gatlon of Assessments. The Declarant hereby covenants or aU of said Property; and each Owner of any Lot by ratification of these Covenants b or y acceptance of a deed or contract of purchase therefor, whether or not it shaft. be se expressed in any such deed or other co v f, the n eyance or agreement for conveyance, is deemed to covenant and agree to pay to the Association: ble 10 :ribed 6.1.1 Regular monthly or other regular periodic assessments or charges lures , and ~ (~3) ing in 6.1.2 Special assessments for capital improvements, such assessments to be fixed, established and collected from time to time a h i f , s ere na ter provided. i any The regular and special assessments, together with such interest thereon and cost of collection thereof, as hereafter provided, shall be a charge on the land d .ed ~ ,t that an shall he a continuing lien upon the Property against which such assessment is made. Each such assess t t ~y the men , ogether with such interest, costs and reasonable attorneys' tees, shall also be the personal obligation of the person who was the Owner of h of the ay for suc Property at the time such assessment was !evied. The obligation shall remain a lien on the Property until paid or foreclosed but shall not be a personal obli ation of , g successors in title unless expressly assumed by them. initial 6.2 Purpose of Assessments, The assessments levied by the Association :o the shall not be used for any purpose other than promoting the recreation, health, safety boxes and welfare of the residents in said Property and in particular for the improvement and initial maintenance of said Property, any Common Area, the ma(ntenance and operation of house welts, pipes and pum s to irrigate the Common Area and Lots, all improvements constructed thereon, (pfencing along the exterior of the Pro~ect), the services and facilities devoted to this purpose and related to the use and enjoyment of the Common 2.~ 3• Area, and including without being Qmited thereto. the payment of taxes and insurance orized on all or any part of said Properly. including insurance on the Common Area. Subject to can fi0 the above provision, the Association shalt determine the use of assessment proceeds. eeting ) of all 6.3 Basis and Maximum enrii~Ai n~~a~~~„e.,~s: Until January 1 of the year quired immediately followin ,lice conveyance of the first dwelling unit or Lot to Any Owner, the notice maximum regular assessment shat( be Thi -Flue Dollars $35.1)0 rtY ( )per month lawful .e-half money of the clod States-of-America,_So~=.each-Lotasub(ect thereto, or such lesser eeting summa -ma~provided in the Bylaws: ---------- 6.3.1 From and alter January 1 of the year immediately following the 3 been ~ conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not more than 10% above the maximum assessment for herein the previous year without a vote of the membership. t. The :y (30) dates and at ~ DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FORS VALERI ALERT ?LACE SUBDIVISION, Page 17. FVS/sir/o6/14/93(ValeriDeclaratwn)7501-0t i01-01 2000027 113201)032E: attributable to such pofi:y for any reason and the existence of such a blanket acting by policy is declared to be in the mutual interests of all owners and the Declarant, against except upon the approval of two-thirds (?J3) of the votes of each class of items of ~ ~Aembers who are voting in person or by proxy at a meeting duly calved for this h/ of the ~ purpose. 1592000322 23 ' 6.3.2 From and after January 1 of the year immediately following the convey2nce of the first lot to an Owner, tha maximum annual assessment may be Increased abova 10% by a vote of two -thirds (Z3) of each class of Members who are voting in person or by proxy, at a meeting duly called for this purpose.. 6.3.3 The Board of Directors ~sy fix the annual assessment at an amount not in excess of the maximum. 6.3.4 in addition to the regular assessments authorized above, the Association may levy in any assessment Year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Comrnon Areas, including the necessary fixtures and perscnal property related thereto, provided the assent of atwo-thirds (213) majority of the complete votes represented by those Members who are voting in person or by proxy at the meeting duly ~~iiod for this purpose is obtained. 6.4 Uniform Rate of Assessmen,. Both regular assessments and any special assessment must be fixed at a uniform rate for all Lots, and may be collected on an annual, quarterlyy, or monthly basis in the discretion of the Directors; 3xcept that assessments may be levied applicable to some Lots only, with prior consent by the Owners of such Lots, it such procedure is considered equ,table in the discretion of the Board in order to construct facilities to be available to the Members desiring to pay for the cost thereof. 6.5 Special Initial Assessment. Each Lot Owner shat! pay a one time initial assessment fee of $500.00 which shall be paid to the Developer and not to the Association, for reimbursement to the Developer for installation of uniform mailboxes and decorative lights within the project and Common Area improvements. This inftial assessment shall be paid to the Developer upon the closing of the sale of each house by the developer. 6.6 of ce and Gluorum for any Action Authorized Under Section 6.3. Written notice of any meeting called for the purpose of taking any action authorized under Section 6.3 shall be sent to all Members not less than 30 days nor more than 60 days in advance of the meeting unless waived in writing. At the iirn such meeting called, the presence of Members or of proxies entitled to cast sixty percent (60°~6) of all the votes of each class of membership shall constitute a quorum. Ii the required quorum is not present, another meeting may be called sub)ect to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/21 of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. 6.? Date of Commencement of Annual Assessments: Due Dates. Except as provided in paragraph 6.9 of this Article Vi, all Lots upon which buildings leave been constructed shall be subject to the annual or monthly assessments provided for herein on the first day of the month following issuance of an occupancy permd for that Lot. The .Board of Directors shall fix the amount of the regular assessment at least thirty (30) days in advance of each assessment.period. Wrrtten notice of the assessment dales shall be established by the Board of Directors. The Association shall, upon demand at DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI ` PLACE SUBDIVISION, Page 18. FVS/sId06/14f93(ValeriDeclaralton)75o1-0t ,9 119200002'7 coverage within each individual Unit and for activities of the Owner, not acting by the Association, with respect to the Common Area, insurance coverage against loss from theft on all personas property and insurance coverage on items of personal property placed in the Unit by Owner, shall be the responsibility of the respective Ovrners. 1J32000323 any reasonable time, furnish a certificate t^ writing signed by an officer of the Association setting forth whether the assessments on a particular Lot have been paid. A reasonabla charge may be made by the Board for the Issuance of these certificates. A properly ex~acuted certificate of the Assoclation as to the status of assessments is binding upon the Association as of the date of its issuance. 6.8 ENect of Nongayment of Assessments: Remedies of the Assoclation. Any assessments which are not paid when due shall be delinquent. If -he assessments are not paid within thirty (30) days after the due date. the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) ~er annum. The Association may bring an action at law against the Owner personal y obligated to pay the same or foreclose the lien against +he Property. The Secretary of t:te said Association shall file in the office of the G~unty Recorder, Ada County, Idaho, a lien reflecting the amount of any such charges or assessments, together with interest, as aforesaid, which have become delinquent with respect to any Lot on said Property, and upon payment in Lull thereof, shall execute and fqe a proper release of the Ilea releasing tl~e same. The a gregale amount of such assessrne+tts, together with intarest, costs and expenses and a reasonable attomeys' fee tar the tiling and enforcement thereof, shall constitute a lien on the whole, Lot (including any improvement located thereon). with respsct to which it is fixed from tlie'date the lien is filed in the office of said County Recorder for Ada County, Idaho, until the same has been paid or released as herein provided. Such lien may be enforced by said Association in the manner provided by law with respect io liens upon real property. The Owner of said Property at the time said assessment is levied shall be personally liable for the expenses: costs and disbursements, including attomeys' tees of the Declarant or of the Association, as tha case may be, of processing and if necessary, enforcing such liens, all of which expenses, costs and disbursements and attorneys' fees shall be secured by said lien. including ail aforementioned expenses, costs, disbursements and tees on appeal, and such Owner at the time such assessment is levied, shall also be liable for any deficiency remaining unpaid after any foreclosure sale. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Areas or abandonment of his dwelling Unil, Lot or budding site. 6.9 ~i ordination of the Lien and Mort ages. The Ilen of the assessments provided for herein shall be interior, junior acct subordinate to the lien of all first mortgages and trust deeds now or hereafter placed upon said Property or any part thereof. The sale or transfer of any Lol or anyotherpart of said PropeAy shall not affect the assessment lien. However, the sale or transfer of any Lot which is subject to any mortgage, pursuant to a judgmei:t or decree of foreclosure thereof. shall extingguish the lien of such assessments as io amounts thereof which became due prior to su.h sale or transfer, and such lien shall attach to the net proceeds of sale, if any, remaining after such mortgages and other prior liens and charges have been satisfied. No :ale or transfer shall relieve such Lot teem liability for any assessments thereafter becoming due or from the lien thereof. 6.10 Exempt Property. The following Property subject to this Declaration shall be exempt from the assessments created hereof: DECLARATIGN OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI PLACE SU(301VISION, Page 19. FVSIsir/oc/;4/~3(ValeriDeclaration)7501-01 1592000328 8.2 Procedure for Annexation. a,y contiguous real property may be annexed into the project by the recordation of a notice of annexation executed by Declarant and containing the following information: .....~.................elullr / a1J 1 •- U l - ~UUU:3~,S liJ~.000J~,•~ ~n, ttre 6.10.1 All properties expressly dedicated to and accepted by .a local of any public authority; :ts and 6.10.2 Any Common Areas; and./or 6.10.3 Property owned by the Declarant prior to the time a dwelling unit is by the constructed thereon and occupied by a person other than Declarant, but in all tiled for events such. exemption shall expire on January 1, 1996. However, no land or .on with irlrprovernents occupied for dwelling use shall be exempt from said assessments. r such further, G.11 NcLtice to rlgagee~. The Association shall give to the mortgagee of --thirds any recorded mortgage, which has furnished to the Association its name and current n dui address, written notriication o1 any default by the mortgagor of performance with respect ass than to such mortgacJor's oblicJntions under this Doelaration, f3ylaws of ttro Association or any rived in duly adopted rules or regulations of the Association at least ten (10) days prior to the tiling of sud by the Assocration to enforce those remedies with respect to such default. 6.12 Mgrtg{Igge's ARpLo~~j. The Association shall not undertake or cause to be undertaken the following acts :vithout the prior written consent of seventy-tivo percent (75%) of the lirsl mortgaggees (based upon one vote for each mortgagoe), ?! such acts would materially lessen ltie security of such mortgagees: naintain 6.12.1 Abandon, Partition, subdivido, encumber sell or transfer real riled lo estate or improvements thereon which are owned, directiy or indirectly by tiro , i i Association, except Ihat tho granting of easements for public utilities or for other ant n nin the public purposes consistent with tl~e intendeJ use of such Property by the Association shall be permitted; . staining 6.12.2 Change the method of •determining tho obligations, assessments. Lel and dues or other charges which may be levied against an Owner; G.1?_.3 Change, waive ~ or abandon any scheme or regulations or ull force enlcrcernent thereof, pertainirirj to architectural design. appearance or •~a only, maintenance of structures or improvements located on the Properties; and s of this ~ obtain G.12.~t Uso hazard insurance proceeds for losses to any Common Area required improvements for other than tho repair, replacement or reconstruction of such deem improvements. •; . G.13 .Also atiQn Budget. Tl~e Association shall prepare an annual budget on the which shall indicato anticipated management, operating, maintenance, repair and other insured common expenses for the Association's next (rscal year and wtuch shall be sufficient to ~cluding pay all estimated expenses and outlays of the Association for the next calendar year ~ by the growing out of ur in connection with the maintenance and operation of the Common named Area and improvements and may include, among other things, the cost of maintenance, with the management, taxes, assessments, irrigation assessments, spacial assessments, tire, ~ct such casualty and public liability insurance, common lighting, irrigation, landscaping and carp th good of grounds, repairs, renovations and., paintings to Common Areas, snow removal, ssments wages, water charges, legal and accounting lees, management tees, expenses and JALCRI DECLlIRATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI 'SOt-ot PIJ~CC SU[tDIVISfON, Page 20. FVSIsIrroGI14N.A(vnlcriDecl:uidK,rl)7~.ot-•~t ~UUU33U .on and 1:; J..:(~(: (~~~~t::~ two-thirds of the Lots excluding the Common Area, by an instrument or instruments in writing, duty signed and acknov~leaged by them, shall then tcnninate cr arncnrl said fnrlr:r•lin.~r ~..r•1. Inrm:n~.inn nr ., /n f:nr~n~nn1 c{. ~. 11 M. nr..nn n~/nn/:. ... ..... .1.- 1 ,. . nl anlcet liabilities incurred the Association under or by reason of this Declaration, the grant ( paymerl of any deficit remaining from a previous period, and the. creation of any , ss of reasonable contingency or other reserve or surplus lund, as well as all casts and ~r this expenses relating to the Common Area and lrnprovemenls. 6.14 Repair. Etc. If any of the Property located in the Common Area andror 'fhe improvements located upon other Property located within the subdivision owned by the A i i such :~ction ssoc at on is damaged or destroyed, the Members shall, at a.special meeting called tar that purpose, determine whether to rebuild, repair, restore or otherwise take action ~vitlt . uries, regard to such damage or destruction. A quorum shall be necessary for any such decision, in accordance with the provisions of paragraphs 3 and 5 hereof and further action , any such action shall be approved. by the atfirmZtive vote of not less than two-thirds (2/3) of the votes of Members who are vo~ing in person or by proxy at such me~trng duly called for this purpose, written notice of which shall be sent to all Members rot less than -~~• .ability ten (10) nor more than fifty (50) days in advance of the mr;eting, un!zss waivad in ~f the writing. aw for ARTICLE VII such MAINTENANCE AND INSURANCE against :unties 7.1 Maintenance of Common Areas. Etc. The Association shall maintain or provide for the maintenance of the Common Areas, including but not limited to, other sanitary sewer, water lines and drainage facilities within the Common Areas, and in sect to addition, the drainage facilities and lines upon Lots privately owned within the subdivision. ion. corms 7.2 Lit Maintenance. Each Owner shat! be fully responsible for maintaining Owner and keeping in good order and repair the ealerior and intarior of his own enlirE Lot and provide improvements. . . oect to Fission 7.3 es o nsurance. The Association shalt obtain and keep in Lull force , 3 m t and effect at all times. -he following insurance coverage on the Common Area onl y en mtts or , provided by companies duly authorized to do business in Idaho. The provisions of this Article shall n t b d w after a late or o e construe to limit the po er or authority of the Association to obtain and maintain insurance coverage, in addition to any insurance coverage required hereunc+er in such t d i nat the , amoun s an n such forms as the Association may deem appropriate from time to time. ars not .d shall 7.3.1 ~a~ualty Insu ance. Any improvement constructed on the Common Area may, at the discretion of Directors of the Association, be insured .on the for the full replacement thereof in the event of damage or destruction, including -or acts Lire and extended coverage, which poll^.y or policies shall be purchased by the :ership Association and show the Association, the Owners and mortgagees as named , insureds as their interest may appear. The Association may comply with the above requirements by. the purchase of blanket coveraga and may elect such 'deductible' provisions as in the Association's opinion are consistent with good 7verage business practice. No individual Owner shall be excused from assessments .urance !ALERT ~ DECLARATION OF COVENANTS, CONDITIONS AND f;ESTRICTIONS FOR VALERI PLACE SUBDIVISION, Page 21. FVS/sldoG/t4!93(~'olcriDecl-rrati~n)75ot-ot 'Sot-01 :000331 ' . _ 1~J~000J:3O Association and assessments charged by the District wilt be paid by the Association and added to the expenses assessed to lots. . . ' 139200032E; 0092'7 '. , attributable to such policy for any reason and the existence of such a blanket policy is declared to be in the mutual interests of all owners and the Declarant, g by ainst except upon the approval of two-thirds (?J3) of the votes .of each class of f•Aerlbers who are voting in person or by proxy at a meeting duly calved for this s of the purpose. 7.3.2 Public Uablllty and Proaerty Damage Insurance. "rhe Association shall Purchase broad form comprehensive liability coverage in such Beds amounts and in such forms as it deems advisable to provide adequate protedfon. and weds Coverage Khali include, without limitatlor., liability for the Personal injuries, operation of automobiles on behalf of the Association. and actNiities in connection To mainte~iance and other use of the Project. operation with the ownership d for . , :Here ;t ~ •ount ' 7.3.3 Workmen's Comaensation grid EmDloyer's Liability insurance. The Association shall purchas3 workmen's compensation and employer's liab~ltty f the l . each ~ oyees o insurance and all other similar insurance in respect to emp Association in the amounts and to the torms now or hereafter required by law for ~nce any employees of the Association: f 7.3.4 ~,celity Insurance. The Association shall purchase in such ~s o amounts and in such forms as it shall deem appropriate, coverage against :arise dishonesty of employees, destruction or disappearance of money or securities .bility, policy and forgery. ability 5 Ot er. life Association may obtain insurance against such other 7 3 ~ this . . of a similar or dissimilar nature as it shall deem appropriate with respect to risks •nt to , including any personal property of the Association located thereon.. the Project gents , ormal 6 arm. Casualty insurance shall be carried in a torm or forms 7 3 ation. . . naming the Association the insured. The Association shall furnish to each Owner and to Declarant a true copy of such policy. All policies of insurance shall provide chat the insurance thereunder shall be invalidated or suspended only in respect to the interest of any paAicular Owner guilty of breach of warranty, act, amission, negligence or noncompliance with any provision of such policy, including payment :ereb of the insurance premium applicable to that Owner's interest, or who permits or f f y Sing a ter a ore or a tails to prevent the happening of any event, whether occurring be rovisions of such policy would otherwise invalidate or which under the l real Sant to p oss, s~~spend the entire pot"~cy All policies of insurance shall provide further that the insurance under any such policy as to tha interest of alt other insured Owners not guilty of any such act or omission, shall nct be invalidated or suspended and shall forth remain In full force and effect. :ration 'n this Public liability and property damage insurance shall name the Association the rotect each Owner against liability for acts hall d ginally and : p s insured, as trustee for the Owners, an of the Association, its agents and employes, in connection with the ownership, ; s and operation, maintenance or other use of the Project. original ~ dment 7.3.7 Owner's Res o bilit .Ali fire and casualt insurance coverage . in this for full replacement of the Unit, and casualty and pubic liability insurance DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI ALERT PUKE SUBDIVISION, Page 22. F~'S/sir/06114/93(VnloiiDectarafion)T501-01 i01-01 1332000331 STATE OF IDAHO ) ss. County of Ada ) 1592000927 coverage within each individual Unit and for activities of the Owner, not acting by the Association, with respect to the Common Area, insurance coverage against loss from theft on all personal property and insurance coverage on dams of personal property placed in the Unit by Owner, shall be the responsibility of the respective Owners. 7.3.fi j~sgrarlce Proceeds. The Association shall receive the proceeds of any casually insurance pa merits received under policies obtained and maintained pursuant to This Article. The Association shall apportion the proceeds to the portions of the proceeds attributable to damage to the Common Area. To the extent that reconstruction is required herein, the proceeds shall be used for such purposes. To the extent that reconstruction is not required herein and there is a determination that any damaged or destroyed Common Area shall not be rebuilt, the proceeds shall be distributed to the Owners in an amount proportionate io their interest in the Common Area. Each Owner and each mortgagee shall be bound by ilia apportionments cf den~age and ;.f !ho ir:s~~rar•.ca proceeds made by the Association pursuanr her6io. 7.3.9 Owner's Own Insurance. Notwithstanding the provisions of Section 7.3 hereof, each Owner may obtain insurance at his own expense providing covesge upon his Lot, his personal property, for his personal liabdily. and covering such other risks as he may deem appropriate, but each such policy shall provide that it does not diminish the insurance carrier's coverage for liability arising under insurance policies which the Association obtains pursuant to this Article. All such insurance shall waive the' insurance' compan~ls right to subrogation against the Association, tho ocher Owners. and the servants. agents and guests of any of them, if such insurance can be obtained in the normal practice without additional premium charge for the waiver of rights of subrogation. AR7tCLE VIII ANNEXATION 8.1 Ijme for Annexatlor~•. Land Subject to An exat on. Declarant hereby reserves the right to annex any contiguous real property into the project by recording a Notice of Annexation or Supplemental Declaration particularly describing the real property to be annexed and added to the project created by this Declaration, pursuant to the provisions of this Article Vill. Upon the recording of a Notice of P.nnexation containing the provisions set forth in this Section (which Notice may be contained within a supplemental declaration affecting such property), the covenants, conditions and restrictions contained in this Declaration shall apply to the added land in the same manner if it were originally covered by this Declaration and originally constituted a portion of the Project; and thereafter the rights, privileges, duties -and liabilities of the Owners, lessees and occupants of Lots within the added land shall be the same as in the case of the original land. Any provision of a Supplemental Declaration for which no special amendment procedure is provided shall be subject to amendment in the manner provided in this Declaration. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI PLACE SUBDIVISION, Page 23. FVS/sir/06/1N93(VaieriDeclaralion)7501-0i DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI PLACE SUC3DIVISION, Page 19. FVS/s1d06/iA/93(ValeriDeclaraCan)7501-01 1592000928 t3.2 plocedure for Annexation. Any contiguous real property may be annexed into the project by the recordation of a notice of annexation executed by Declarant and containing the totlowing information: 8.2.1 A reference to this Declaration,. which reference shall state the dais of recordation hereof and recorder's instrument number or the book and page of the official records of Ada County where this declaration is recorded; 13.2.2 M exar,; legal description of the added land; 8.2.3 A statement that the provisions of this Declaration shall apply to the added land, as set forth herein; and 8.2.4 A statement of the use restrictions applicable to the annexed property, which restrictions may be the same or different from those set forth in this Declaration, provided that no Lot in any annexed lands shall contain smaller dwelling units or lesser quality construction or building materials than in the Project. 8.3 membershI~ (n Assoclatton. The Owner of each Lot in any annexed lands shall automatically become a member of the Assoclatton and shall automatically own an undivided interest in the Common Area of the Project and shall in turn be responsible for assessments in the same amounts and subject to the same regulations as the Owners of Lots in the Project. AFlTICLE IX GENERAL PROVISIONS 9.1 Ear io_rcement. The Board, the Declarant or any Owner, or the Owner of any recorded mortgage upon any pars of said Property, shall have the right to enforce by any proceeding at law or in egwty, all restrrctions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association, or by any Owner to enforce any covenant or restriction hereby contained shall in no event be deemed a waiver of the right to do so thereafter. In the event suit Is brought to enforce the covenants contained herein the prevailing party shall be entitled to recover a reasonable attorney tee in addition to allowable costs. 9.2 Severabiltty. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provision which shall remain to toll force and effect. • • 9.3 j~rm of Restrictions and Amendment. These restrictions shall run with the land described herein, and shalt be binding upon the parties hereto and all successors in title or interest to said real Property or any part thereof, until January 1, 2013, at which time said restrictions shag be automatically extended for successive periods of ten (10) years unless the Owner or Owners of the legal title to no less than DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI PLACE SUDDIVISION, Page 24. FVS/sIdOG/1A/93(ValRriDeclaralion)7501-01 •.LERi DECLARATION OF COVENANTS, CONDITIONS AND RCSTRICTIONS FO!~ VALERI tt-Ot PLACC SU[3DIVISION, Page 20 FVSlslr/oGlt•t/a3(V:dariDccl:~rition)75ot-fit UUU33U ~ ~ 1:;U~:O(;U~)~:;;t n and two-thirds of the lots excluding the Common Area. by an instrument or instruments in writing, duly signed and acluwwleJged by them, shall then terminate cr amend said restrictions. Suc't termination or amendment shall become ellective upon the f:~rng of :going such instrument or instrumer~ for records in the otlice of ilia Recorder of Ada County, •.rticles Idaho. Such instrument or instruments shall contain proper roterences by volume and ire the page numbers to the records of tho plats and record of this deed in which these Restrictive Covenants are set forth, and all amendments thereof. 9.4 No Rjght of Revers o Nothing herein contained in this Declaration, or ,bers.e in any form of deed which may be used by Declarant, or its successors and assigns. in selling said Property, or any part thereof, shall be deemed to vest or reserve in n, has Dec:aranl or the Association arrv right of reversion or re-entry for breach or violation of any one or more of the provisions hereol. 9.5 Benefit of Provisions -Waiver. The provisions contained in this Declaration shall bind and inure to the benefit of and be enforceable by Declarant, the Association and the Owner or Owners of any portion of said Property, and their heirs and assigns, and each of their legal representatives, and failure by Declaration or by the Association or by, any of fife Properly Owners or their legal representatives, heirs, successors or assigns, to enforce nny of such conditions, restrictions or charges herein contained shall in no event be deemed a waiver of the right to do so. 9.6 ss~nment~(Qeclar~n . Any or all rights, powers and rr:srrrvations of ~ Declaration herein conla'uted may be assigned to the Association or to any other corporation or association wluctt is now organized or which may hereafter be organized and which will assume the duties of the Declarant hereunder pertaining to the particular rights, powers and reservations assigned; and uNon any such corporation or association evidencing its intent in wrairtg to accept such assignment. and assume such duties it shall, to the extent of such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein. All rights of Dedarant t :reunder reserved or rreated shall be held and exercised by the Declarant atone, so long as it owns any interest in any portion of said Property. 9.7 Clore-Pot~i~~ Pressuro Irrl4atlon System. This subdivision has anon- potable pressurized underground Irrigation system which is separate Iron the domestic water system. Tha irrigation rise: s to each tot are clearhi marked indic:.ting non-potable water. 1 hese markers are to be maintained in a clearly visible manner for the health and safely of the homeowners. Also pro:~ded is an underground marking rape in t:.a vicinity of the irrigation line. This tape is to inform the homeowner that the irrigc~ation line Is a non-pota~le system. Homeowners are prohibited from connecting their domAStlc system into the non-potable pressure irrigation system. 9.6 special Notke RegaLdin4 Irrjgption Assessments. The Property is loc ''d in the Nampa-Meridian Irrigation District and as such, is subject to its assessments. The Declarant has made provisions for de" •ery and use of district water on the Property for irrigation purposes. The water rights have been transferred to the VALERI DECI.ARATlO~I OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI -~)750t-ot PLACE SUCiDIVISION, Page 25. FVS/sir/o6/14/93(ValeriDectaration)75ot-0t DECLARATION OF COVENANTS, CONDITIONS ANn RESTRICTIONS FOR VALERI PLACE SUBDIVISION, Page 21. tVS/sldOfi/14/99(VolcriDecl~rnt'wn)7501-O1 • ~ 1~3200033U ® . Association and assessments charged by the District will be paid by the Association and added to the expenses assessed to Lots. 9.9 Amendment. Notwithstanding an king captained in the foregoing. Declaration, fife Articles of Incorporation or the Bylaws, any amendment of the Articles of Incorporation, or any mortgage or conveyance of~ the Common Area shall require the approval of at least two-thirds (2/3) of the Lot Owners. 9.10 Annexation. Additional residential Property and Common Area may be annexed to the Property with the consent of two-thirds (2/3) of each class of Members. IN WITNESS WHEREOF, the u dersigned, ein~g the Declarant herein. has hereunto set its hand and seal this ~O~ay of ~ e"~_~-1'_, 1993. KASTL.E FALLS SUBDIVISION PARTNERSIiIP, an Idaho limited partnership By ~ /I-~c~ ~~~~Q~c~ Vicki Welker General Partner B Jack Gibsory ~ General P per DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI PLACE SUBDIVISION, Page 26. FVS/sId06/14/93(VateriDeclaretion)7501-01 ~ ~ - , Y . ti. • DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI PLACE SUBDIVISION, Page 22. FVS/sldoll/14/93(Valo~iDeclaral'an)7501-01 DECL PLAC 1u3ti000931 STATE OF IDAHO ss. County of Ada ) On this ~D~'~day of a . ,~ ~~ 1993, before me, the undersigned, a notary public in and for said state, ersonally appeared VICKI WELKER, known or identified to me to be one of the General Partners of said KASTLE FALLS SUBDIVISION PARTNERSHIP, an Idaho limited partnership, whose name is subscribed to the above and foregoing instrument and ackno~~ledged to me That she executed the same on behalf of said partnership and acknowledged that said partnership executed the same. • • IN WITNESS WHEREOF ~ ve hereunto set my hand and affixed my official seal the day and year first ab{ivl~t~+i : ti H y-~~„e O o rX Public or daho ti` drug at Boise, Idaho * Ptl$ ,~t Commission Expires: ~' 2 ' ~~ ,~~~'•srtTE 04,~~~~ '•n.ou~~••• =H ~ G .... .. %~ ~, Pudti` ~ STATE OF IDAHO ss. County of Ada ) On this 3?~~'day of ~ 1993. before me, tho undersigned, a notary public in and for said slat personally appeared JACK GIBBON, known or identified to me to be one of the General Partners of satd KASTLE FALLS SUBDIVISION PARTNERSHIP, an (daho limited partnership, whose name is subscribed to the above and foregoing instrument and acknowledged to me that he executed the same on behalf of said partnership and acknowledged that said partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first aboyg,~y~jjjPn. riding at Boise, Idaho Commission Expires: ~. Z -~J DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI PLACE SUBDIVISION, Page 27. FVS/sldoG/14/93(ValeriDeclaralion)75o1-01 Assc addE Dec of Ir app ann her. MERIDIAN PLANNING & ZONING COMMISSION MEETING: FEBRUARY 13.1996 APPLICANT: SMITH'S FOOD & DRUG CENTER AGENDA ITEM NUMBER: 10 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A REZONE OF 8 34 ACRES TO C-N AGENCY COMMENTS /~.C/~ ~/~`// CITY CLERK: "" CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OFLAW CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Alt Materials presented at public meetings shall become property of the City of Meridian BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION SMITH'S FOOD & DRUG CENTER INC. REZONE APPLICATION SOUTHEAST DARTER OF SECTION 2 T.3N. R. 1W. B.M. MERIDIAN. IDAHO. - FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing January 9, 199fi at.. the_ hour of 7:30 o'clock p.m. , the Petitioner :----- - appearing through its representative, Mike Wardle, the Planning and Zoning Commission of the City of Meridian having duly considered ~_, the evidence and-t~ie-~at~es~ u-a~~s t~e- _ -_ _ _ _ and. Goncluaions : _ _ _ ._ _ _..___.._, _- . _ ____ - -_ __ FINDINGS OF FAC _.__ _ ~-- -- _ _ _ - g _.._ -- _ -- 1. That a notice o~ a public hearn ~ on Application was published for two (2) consecutive weeks prior to __ __.___ ______ _.__ ___ 1996, the first- - __.___ .~. - _ _ _ -- - - the said public_hearing.scheduled for January , publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered- at the January 9, 1996, hearing; that the public was given full opportunity to express ------ -- --- - •.--and _that__copies of all notices were comments and submit---~ide~r - - ----- --------- available to newspaper, radio and television stations; 2. That this property is located within the City of Meridian and the owners of record are James guarte, of Shingle Springs, California, Dorothy L. Manning, Boise, Idaho, and Richard A. Baer, Meridian, Idaho, which property is described in the application FINDINGS OF FACT AND CONCLUSIONS OF LAW page 1 SMITH'S FOOD & DRUG CENTER, INC. ri tion is incorporated herein; that the owners have which desc p resently zoned consented to this application; that the property is p Luni.ted Office ; that the R-4, Low Density Residential and L-O- Neighborhood p, licant requests a rezone of the 8.34 acres to C-N- Center. PP Business, to allow construction of a Smith's Food and Drug at the 3. The present land use is currently two dwellings one owner occupied and the-other a rental; that the balance corner, e ro erty is vacant and formerly proposed to be an extension of th p P - - of Valeri Place Subdivision. consists of residential to 4. That the surrounding property _~.___. - orth • bare ground to- -the--Test .and further west and abut ing the N - ~ to the South, _ ,___._...... _,:- the._bare ground is Valeri Place No. 1 Subdivision; including __ _ _ - __._... arcels- there are three developed~p across Cherry Lane, tcre• to the _ - _ y-. ._ ------------ ~ ._v. ..~ .~~ -_ av-~a==tiwash=and $- ave~~ -- - _ - Domino's Fizza, _ _. _ le family is vacant land and three sing East, across Linder Road, .Lane; and to the Southeast is undeveloped - homes .fronting Cherry land with C-N and R-8 zoning. ro oses to construct a 60,000 square 5. That the Applicant p P arcel. store on a 7.24 acre p foot front-loading food and drug scant stated in the application that it --~ ~--- _ --That- _ the--- APpl le family lots on proposes to buffer the North; that a row of sing of Kastle Falls Way would buffer the existing homes in an extension eld Manor Subdivision; that a 25 foot setback at the rear o Glennfi re facing the new residences will be intensely landscape the sto hung; that there with only wall mounted, downcast security lig service access at the rear of the store; that to the will be no Page 2 FINDINGS OF F&C DRUGDCENTER~,SINCS OF LA SMITH S FOOD West, there are two (2) options possible; that a cul-de-sac be developed in the subdivision preliminary Plat or provide the 2.69 acre parcel for a public city park; that the frontage of both Cherry Lane and Linder Road will be bermed and extensively landscaped; that on a plat drawing submitted with the rezone roxi.mate 2.69 acres that .application. the applicant showed the app Applicant's representative mentioned as being a park area and on the plat drawing it states "For Future Residential or Recreational Use . That a traffic study has been conducted by Bell-Walker 7. ___ `~ -- - -~ T' ~~e€i -.w...tfi~ _aPpl~cation, _ as well as to~._t ,e _..~.~..,... -- - - ---. _--- -- -_...__.~, . y_-_ -- _.._~ ._ _ - - ~g-~rteers and ~ ~~x ---..~ __ Count Highway District for their review; that the traffic Ada _ Y __ _..~.~..~~. _.__ _._ .w _. _ ___ _ study is incorporated herein as if set for~iin -- - ---- ' hed in the Zoning_ __ r~ :.mss` ----- - _ S . _ That ~ the--CC-N~ ~s ~.` - ___._ ~ ~ Ordinance, 11-2-4Q8 B. 2 as follows: ---- __ _ _~ ___ ____ ur ose of the _ _ _C-N Communi -~usi~teses~t thec establishment of small- ~C-N) District is to p scale convenience bus of sthe res d nt ofe an timmediate meet the daily needs olicies of the Meridian neighborhood (.as defined by the p Comprehensive Plan); to encourage clustering -and strategic siting of such d lintrusion of such uses cinto the neighborhood and a All such districts the adjoining residential districts. shall give direct ac ted t °the Munic pal Water and Sewer collectors; be connec and shall not constitute -• systems of the City of Meridaevelopment concept. all or any part of a strip 9. That in the Meridian Comprehensive Plan neighborhoods are defined in the Plan at Page 6 as follows: "Definition: The neighborhood is a residential area with uniform characteristics of a so= a small business convenience served by an elementary school FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 SMITIi' S FOOD & DRUG CENTER, INC . center or a local park. Sect on of the Ci ty measur ng onen various shapes and sizes, a half to one and 'one-half miles across is usually used for planning purposes. It has facilities within easy walking distances and provides the basis for community identification." 10. That Ordinance 11-2-410, ZONING SCHEDULE OF BULR AND COVERAGE CONTROLS, A, for the C-N District, requires that there be a ten (10) foot side yard setback. 11. Mike Wardle, the Applicant's representative, testified that the parcel in question lies north of Cherry Lane, West_ of Linder Road, and is approximately 7.25 acres in size; that the •~- -r osed_chan a is .from the existin R-4, sin le famil residential g g g y _... P_ ~P _ _ _ ._ - - _ _ __ and L-O, limited office zones, to a C-N, Neighborhood Business ___ . _ District; that__Smith's has met with the residents in an Octo er ______ .,.__._._.__ and a November 9, 1995 meeting, expressly to deal with __ ___ __- _ _ __ _._.._ 'this=-~e;-- the concerns of the residents affects - y ~- -- --- originally, the store was to be built to the north with just a _. ----- buffer between. the sto=e and the existing Glennfield- Manor; a the Applicant has since changed its proposal and moved the store ublic street, to southerly and proposed an extension of the p develop an additional six (6) lots that would provide the buffer between the store and the existing residents to the north; that the buffer at the back of the store then would be a 25 foot landscaped area, again with no service activity at the back; that the building height would be 26 feet with a berm going up the back and landscaping, both in sod, ground treatment, and a lot of vertical growing bushes to provide a buffer. FINDINGS OF FACT AND CONCLIISIONS OF LAW page 4 SMITH'S FOOD & DRUG CENTER, INC• That for the residents affected in the Linder Falls Subdivision area, two (.2) options were proposed; one being a cul- de-sac, which is close to what was originally proposed in the preliminary plat., and the second being a 2.7 acre park; the first and the second option being two (2) additional rows of houses, option would be the possible dedication to Meridian of that space as a park; that Smith's will work with the residents to resolve concerns regarding screening, landscaping and control of lighting and signage. Mr. Wardle also submitted written couanent pertaining to the Meridian Comprehensive Plan which is incorporated herein as if set Y a STATEMENT OF SUPPORT, signed b 16 "" " - forth in full. - -Additionally, o le was submitted the night of-_the hearing is incorporated Pe P __ _ _ -- __ __ t~ in fui herein as if set foa~_ _ .~_~:._v_ =.-...._ Mr. Wardle submitted additional comments after the public had given testimony;-he stated-that Smith's,will_work with Meridian and residents to resolve concerns, to mitigate problems, to provide appropriate screening, landscaping and to control lighting and signage; that the commission must deal with the factual issues and not the emotional issues; and that the Meridian Comprehensive plan is silent with respect to where these types of facilities should be located. 12. Gary Funkhouse, transportation engineer with Bell-Walker Engineers, testified regarding the traffic impact analysis prepared for this proposed development; that the estimated trip generation for this site will be 6600 trips per day; that three (3) types of FINDINGS OF FACT AND CONCLUSIONS OF LAW page 5 SMITH'S FOOD & DRUG CENTER, INC. trips make up this analysis: 1. Primary trip--a trip from a residence that is heading 2. directly for this site. y ou are travelling Diverted link trip--a trip where b y this site and down another roadway and you divert over to na n ext dest d 3. a=e ou then head back to your n the C rrently on Pass by trips--a trip where y ite and turn out existing roadway and you turn into the s re already on. and continue on your trip you we That new trips to the site are primary trips and diverted link trips, th at being trips where the initial goal was not grocery shopping; that 'pass by' trips .are. estimated. for this type of development, or that are already on the system on Linder and Cherry Lane; pass by trips are estimated for this type of development at approximately 50$ of the 56'00, or approximately 3300; that less than 2.2$, or 120 trips, of the trips are generated daring the time frame of 7:00 to 8:00 a.m. when children are going to school and_ about 6.5 ~ of the trips are rteadin for -this site when ~~h re~r'~re- going to and from their dismissal time of 3:00 p.m.; that "diverted trips" were not calculated;--that the roadways-that are serving the site are both arterial roadways, minor arterials; that one is-five (5) lane and the other three (3) lane and that this intersection of Cherry Lane and Linder Road is a level of service "C" which is desirable by the Ada County Highway District and which will remain a level "C" when this project is completed; that the change in average delay by the addition of this site is one (1) extra second per vehicle, on an average; that the normal zone that you analyze is two to three miles from this site as the normal drawing area for this type of store. FINDINGS OF FACT AND CONCLUSIONS OF LAW page 6 SMITH'S FOOD & DRUG CENTER, INC. 13. Joann Butler, Boise attorney, representing Smith's, testified that the rezone will implement what the Comprehensive Plan desires and she presented a set of FINDINGS FOR APPROVAL for the Commission, which are incorporated as if set forth in herein. 14. There were several property owners in the immediate area who testified regarding the application; the testimony can be summarized as follows: - a. Paula Devaney testified that she is in favor this proposal; that two (2) things this City needs are - additional neighborhood services and additional- -- parks and recreation; the more residential, the more houses which equates to more burden on schools and well as increase the traffic; that here is an ,~,pnnnrt~l3ni v for the City ~ to set a precedence to _ ____ -d_on some~par~~iii~~~ _ --____ _ _ g ~_. getting wheat the City wants as well -as what the City needs. _ _ --_ __ _ . _ __ _. _ -_ -,--g...- - b. That Pam Bennett testified she and 160 si na~tu=es"-- ~, _ ~_ ~ _ _ . __~.__ _=- .~.~~-~~,-1:a~i-~=_ the-=area=,-szppose_ Smith's moving into _~ _ _ - ~.~~ _ ~,;~_a~cat~on -tit: eY _ ____ ---- ---------- - rezoning and there is no n~~tf~°farxaTie~~r-`eery-- --store within a three (3) mile radius; that the subdivision of Linder Falls, formerly known as Kastle Ealls, has strict CC&R's which -speak. to nuisances.-- and. offensive activities and no commercial activity, in addition to no`exterior"or- interior lighting being placed to cause glare, excessive light spillage onto neighboring lots; that she and the resident's concerned with this proposal are an organized and serious taxpaying __~~P: of..,_homeowners prepared to fight Smith's __ ._ .,__ rezoning proposal. c. Bonnie Bradshaw testified that being just new to the area and not familiar with the comprehensive plan, wishes a different location be found by Smith's but is not opposed to Smith's coming to the area. d. That Shelly Monks testified that she has collected within her block alone, 14 names of homeowners in suoport of Smith's; that this is a growing community and like it or not it is happening. FINDINGS OF FACT AND CONCLUSIONS OF LAW page 7 SMITH'S FOOD & DRUG CENTER, INC. e. Dee Ray Olsen testified that she is excited with the prospect of this application and the choice of location.; that it will be convenient and Smith's in the past was a good neighbor. f. Kristen Miller testified that considering what is good for the children and for their parents should be recognized; that the traffic now is hectic and to add a grocery store in the mix would created a congested .traffic mess; that she and her neighbors should not be forced to have Smith's in their neighborhood. g. That Dan Barkini testified that he is not opposed to the food store chain and that he welcomes the competition, that he is opposed to the rezoning of the-northwest corner of Linder and Cherry Lane to anything except single family residences; that with the market comes noise, smell, lights and raises the safety issue, making the area a less desirable - -~r.ea_1_iv_e in. h. Lisa Johnson testified that she is also opposed to this application; that it is too close to the -=subdivision-which has Strict-restrictive covenan s and the risk it has of devaluing her property. n-__ - .- -- .~._ ~. ,r.~ -----'- i. That Sharon Litzbauer offered~~sti.mony- stating - -- that she sees by Smith's plans to bring in off of Linder two (2) streets creating a through street; that now .safety become an issue as cars use the street as a short cut to the new store; that the deterrent of speed bumps won't hinder the traffic increase through the neighborhood. Commissioner Oslund pointed out that regardless of the corner development, whether residential or commercial, the potential for cut through exists _ _ either way. j. Brent Perkins testified that a store in that proximity to a subdivision of that nature is bound to affect the property values; that to put another grocery store in this tight of an area where already the available space for shopping is tripling, is definitely going to impact some of the residents of this community. k. Leslie Peters offerwhethert,sidewalksa would hbe concerns of safety; FINDINGS OF FACT AND CONCLUSIONS OF LAW page 8 SMITH'S FOOD & DRUG CENTER, INC. required on both sides of Linder Road and added that speed bumps is not going to slow traffic down and whether the speed limits would be more monitored. 1. Mary Ann Christman, of the Parkside Creek Subdivision, testified she is in favor of Smith's and the location chosen; that her lot backs up to the new Albertson's location and bought the lot knowing .that the food chain was going to be building a new store; that she has shopped at Smith's in their other locations and found Smith's to be very competitive; that she understands the feelings of the neighbors to this proposed location, but that Smith's, in considering the people in the area, are proposing a park, planning berms, lots of landscaping, something she wishes she would have at her location; that being a realtor in the area she has heard a lot of comments about the fact there is not enough grocery stores ,. , _-ox ~ment~},~s ~,in the area; that Smith' s will bring ..convenience and ~ competition _to shappers. ~- - ~ p~-~-.•,.a~.. _ m. Bredon Johnson, 1970 Emerald Falls Court, testified ---- - - ro osal of taking __ _ ._. _ _ _ ~~iat- _he ..is_ .-~pPosed --to _.this _ _p P residential space to build a store on when there is- ___ _ _- _~~~a~e_-out~:here that would serve Smith's -_ - - -- __ . ._. __ ~~:-- ~.~____ - __ _ _..__.._3~st-~s wet-1;_-that_ ~I~is Wis. sj~ig~~~r~~ - ~= =j= _ _ --_-- -. of his home; that t-he concept of builciiag - one- row - --- of houses. as a buffer in his opinion, will not solve the problem; that he is opposed in merging _ _ _ _ commercial that closely with residential and--t a __ ____ ,_ _,.... ~ _ . he -:.did:-- - not_ purchase his home.. knowing __ that commercial zoning was going to be his neighbor. n. That Marvin Bodine testified that Meridian will never get a big park if it gets many more little parks, which are a detriment and don't do Meridian _ any .good.. _ __ __ ------- o. Terri Maupin, T1b72 North Rastle Falls Avenue, offered testimony opposing this application, stating that while unpacking moving boxes she received information regarding this application by Smith's; that the maps she viewed at the time she was interested in purchasing the home showed the area as residential, being the next phase of the subdivision; that her realtor got the information from the realtor representing the building stating the same; that she didn't think she paid a reduced price, but received what she thought was a good FINDINGS OF FACT AND CONCLUSIONS OF LAW page 9 SMITH'S FOOD & DRUG CENTER, INC. deal being in Meridian. p. Chris Jacks testified that he applauds Smith's coming to Meridian but does not approve of the location; that the increased traffic and safety of his children is of concern. q. That Randy Nash testified he purchased his home in good faith in an upscale neighborhood with further plans for residential development and not commercial; that this proposed development is going to devalue his home dramatically; that this will downscale the neighborhood and also increase traffic and he opposes this application. r. Wanda Lansbury, 1383 Storey Street, testified that she is in favor of this proposed development; that if it wasn't developed for a market, it could be something worse like a dog kennel, bar or drive-in. s. Georgia Mackly, 1287 North Santa Rosa, testified _ ~~ ._. _. ~ _.:. _.W_ _-_th~e~~--ske was .hired by Mr. Jim Huarte, who inherited .. _ this property, to clean up phase 1 of Linder Falls; . that the houses were not selling in Linder Falls __ and nothing affects homeowners value more than --- ----._.~__-_~ouses _ not se3~ing ~ - - --that... _. _ snc~`~1tt#th-'-s -- --- - _ --- announcement, there has been one (1) spec house -~.ani-moo` - -- ____ - _.._ - : _ _, - -. . _ ..: _._ -. --~_-o~-t~~s~-t3u--two= #~2 ~m~.~~~ra~- _ __ T__,_._.._~.,~ __. -_-- ,_-:_ --as- -a =bi~izen -- of _ Meridian, she _ aPProves of ...the _ Smith's application. and also knowing Mr. Huarte's _ _ .. _ __- - - good- faith effort is and trying to do the best thing with_the_property on the corner. t. Re11y Maupin, testified, commenting that he will be looking at the parking lot and the lights on the light towers and that there is nothing that can block that. u. Elizabeth Goon, 1862 Emerald Falls Drive, testified that she lives right across from the proposed Smith's in lot 26, that she brought in 160 signatures from folks living on all sides of Linder and Cherry Lane; folks who do not want a grocery store that close or the traffic that comes with it. v. Mary Lou Bower testified that she lives in a house which would be three doors away from the proposed Smith's store; that this property should remain residential and that Smith's find some commercially zoned property; that she is not opposed to Smith's except that they want to come in at this location FINDINGS OF FACT AND CONCLUSIONS 4F LAW SMITH'S FOOD & DRUG CENTER, INC. Page 10 and that it will hurt her property value. 15. That Mike Wardle submitted draft minutes of the Boise City Planning and Zoning Commission hearing testimony by Bev Stoddard, representative of the Meridian School District, in which Ms. Stoddard made the following comment: "We are welcoming Smith's for their other location they have chosen at Cherry and Linder. It is half a mile away from any of our schools and we have absolutely _ no problem with that."_ _ _ 16. That written testimony was submitted, some of which was not timely submitted and some of which was; the following is a . _ _ _ summary of submitted: each - persons written testimony. if it "was timely 1. W. Roy Brown, 1701 W. Cherry Lane, stated that this store is badly needed to service the fast growing population in _.__._ _ _.---__~-.- = this- area;- ~.nq.--sh~.P.Ped the Smith's--ice the_ Utah _ --- - _:~.~ _.~_.~:.__~_.~ _._ area, he -found--them- o be clean, progressi , _ stocked operation and believes they provide good service to the community; that he recommends the C-N zoning. .. _~ . 2. Glenn R. Beni-l.ey, Meridian City Councilman, submitte written comment; which is incorporated herein as if set forth in full; he stated that-the people who bought lots in Glennfield Manor with the knowledge that the remainder of the vacant land was in the plat for residential; he questioned how many people are willing to buy houses knowing their view out their picture window is the back of a grocery store; that with this store there would be four stores. in a three mile stretch; and that drivers would use the Castle Falls street as a by-pass of-the traffic light at Linder Road and Cherry Lane. That petitions were submitted the night of the public hearing, signed by approximately 150 people, stating they were not in favor and do not support the rezone application. 17. That Doug Kowallis of Crest and Company, a real estate FINDINGS OF FACT AND CONCLUSIONS OF LAW page 11 SMITH'S FOOD & DRUG CENTER, I1QC. ~ ___ ___ 1 - __ representative from Boise, addressed the Commission and testified that three (3) other sites besides this one at Linder and Cherry Lane had analysis done as possible locations; that the hours of operation is 24 hours with parking stalls for approximately 363 cars; that deliveries will be confined to the hours between 7:00 a.m. and 10:00 p.m. as well as the sweeping of the parking lot. 18. That Terry Schofield, the architect for this project, testified that all of the equipment and compressors for the refrigeration is included inside a penthouse with a mechanical well for the air handler sitting next to it; that this well is pressed down into .the store so it is actually sitting at the same height as the mezzanine of-the compressor well but is open on all four sides to allow the sound to escape directly upward. _. _. i9. fihat the Assistant to the Meridian City Engineer, Bruce rec legion, .Planning and..-Zoning -Administrator, Shari Stiles, Merdian_ Police and .Fire--Departments, Central District Health -Department--and the Nampa &:.Meridian Irrigation District, submitted comments; that there were no comments submitted by the Ada County Highway Commission, but when they are, they shall be incorporated herein as if set forth in full. 20. That the _comments submitted by Bruce Freckleton, Assistant to the City Engineer are as follows: a. Any existing irrigation/drainage ditches crossing the property shall be tiled; b. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance, but wells may be used for non-domestic purposes such as landscape irrigation; FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 12 c• That a drainage plan designed by an architect or an engineer shall be submitted for all off-street parking. areas and that off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements; d. That outside lighting shall be designed and placed so as to not direct illumination on any nearby residences; e. That all signage shall be in accordance with Meridian City Ordinances; f. That the paving and striping shall be in accordance with the Americans with Disabilities Act. g• That the treatment capacity of Meridian's Waste Water Treatment Plant is currently being evaluated and that approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. __ - ,,_ . 21. That Shari Stiles, Planning and Zoning Director, submitted comments regarding this request by Smith's Food & Drug ~~ ~ ~ - ~ :C~nter Inc..;:. ghat the majority of the property at the northwest corner of Linder Road and Cherry Lane is zoned R-4 and had been platted as Valera Place -(aka Rastle/Emerald/Cinder Falls) M..na.~..,...~.~..., . -- ~ ~_= a a~ ~ri..P ace Subdivision No. 1 has been recorded; that the final plat of._Valeri.P ace Subdivision Nol 2 was approved --- an 8/3/93 and a one-year extension granted on 7/5/94 and that this _ . _. _ -_ __ plat"is now null and void; that a portion of the site was rezoned on 3/15/94 to L-O, Limited Office to allow a low impact buffer between the intersection and anticipated residential development and that the applicants for the rezone to L-O were Glenn and Millie. Nyborg; that the Generalized Land Use Map from the Comprehensive Plan shows this parcel as being Existing Urban and existing uses of a type similar to this are, or will be, located at Locust Grove Road, Meridian Road, and Ten Mile Road, all on Fairview Avenue/Cherry Lane. FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 13 effectively integrated into new or existing residential areas, and plan for new shopping. centers as growth and development warrant." 23. That property notice has been given as required by law and all procedures before the Comlttission have been followed. CONCLDrSZONS 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 Applicants' property. 2 That.the City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, -and-of actual-.conditions existing within the City and state. _ _. ---_ _ _ _____ -----__ . _ a --the.----City of McFd-inn-- -has---aut __ _ _ ~o --- harstY - _._pI-ace _ - conditions upon granting a zoning amendment. 4. That the Cit his y judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho_Code,-the Comprehensive Plan of the-City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 5. That 11-2-416 (R) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoniag amendments; that upon a review FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 15 of those requirements and a review of the facts presented and conditions of the area, the Planning and Zoning Commission specifically concludes as follows: (a ) The new zoning would be harmonious with and in accordance with the Comprehensive Plan and no Comprehensive ply amendment is required. (b) The area is in .the CINDER DISTRICT neighborhood, as set forth in the Meridian Comprehensive Plan, is along Cherry Lane, which is designed for commercial and retail uses, and a rezone of the subject property is in line with that designation. (c) The area around-- the proposed zoning amendment is developed in a retail and commercial fashion that would be allowed under the new zoning and the new zoning would not be contrary to the allowed uses in the area and would be in line with existing developments in the area. -- _ __ ._-__ __(d) -- There =has- been some change in the area which may dictate that the property should be rezoned, the change from residential zoning to Limited Office zoning for the property ---- -- - and house which front on Che=ry Lane and the property is to be developed in a fashion which comports with other development --- in_ the ar a era the o with the many existin ~ us~- -a€~n-~ng~-s~-pr~a~ly~- _ _. Cherry Lane. g ~ Particularly on the south side of (e) That it is unknown, specifically,. that the property is proposed to be designed and constructed to be harmonious with the surrounding area, but the Applicant is specifically aware that it is proposing to place a grocery and drug store among - ----- residential neighbors. (f) The proposed use should not be hazardous or severely disturbing to the existing or future uses of the neighborhood, and. the Applicant will be instructed, and required, to have its store as una:mposng as possible. (g) The property will be able to be adequately served with public facilities, and connection to municipal sewer and water is required. (h) The proposed use would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 16 (i) The proposed use should not involve any detrimental activity to any person's property or the general welfare. (j) Development will cause a significant increase in vehicular traffic but it should not interfere with surrounding traffic patterns. (k) That this rezone will not result in the destruction, loss or damage of any natural or scenic feature of major importance. (1j The proposed zoning amendment is in the best interest of City of Meridian. 6. That the Applicant shall be required to meet and comply with all of the comments and requirements of Bruce Freckleton, Shari Stiles, Central District Health, Meridian Police and Fire Departments. Z~ 7. That it is recommended that the approximate .69 ac es to the west of where the store is to be located be develop as a park with maintenance provided by the homeowners association of Valeri ....y....W.._. _. _._.. ~, _ ~. P ace Subdivision. _ __ . _ _ APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER OSLUND COMMISSIONER SHEARER COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. VOTED ~- VOTED VOTED ~ VOTED VOTED 3-/ ~a"_ Page 1? RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the _, Rezone 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 and that the property be required to meet the water and sewer requirements, Fire Department requirements, Sewer and Water Department requirements _ tha Na,,,.,~ ~ue,,.:.ae __ Irrigation District requirements, the fire and life safety codes, and the Uniform Building Code, and other all Ordinances of the City of Meridian . MOTION: APPROVED 3 ~- FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. DISAPPROVED: Page 18 MICHAEL D. WARDLE Wardle 8< Associates 50 Broadway Avenue, Suite B Boise, ID 83702 Phone: (208) 344-3448 Fax: (208) 344-3922 FAX COVER SHEET DATE: FEBRUARY 22, 1996 TO: Will Berg Meridian City Clerk FROM: MIKE WARDLE RE: Smith's Rezone Exhibits Number of pages including cover sheet: 1 FAX: 887-4813 FE E~ 2 2 i99S Cd'TY ~F ~fiERIDIAI~ MESSAGE: An attorney representing the Valeri Place Subdivision has contacted Smith's representatives looking for meetings to discuss mitigation of impacts through buffering, a park, more homes, or .... Therefore, we will need the exhibits for use in those discussions when they occur very shortly; the site plan and aerial photograph, specifically, since they clearly illustrate the issues. Please obtain the necessary clearances for release of those items for this purpose. The information contained in this transmission is /xivileged and confidential and is intended only for the use of the individual or entity named above. If you have received this communication in error, please call the sender. FEB 22 '96 09 20 208 344 3922 PAGE.01 50 Broadway Ave. Suite B, Boise, ID 83702 Wardle & Associates February 5, 1996 TO: MERIDIAN CITY PLANNING & ZONING COMMISSION FROM: Michael D. Wardle _- :~~ ~y 6 S. .: ;,....m s ,.~ ~; ~, RE: Meridian School District Position on Smith's Store at Cherry and Linder Attached are draft minutes of the Boise City Planning and Zoning Commission hearing testimony by Bev Stoddard, representative of the Meridian School District, regarding the location of a Smith's store in Boise. The item of importance to the City of Meridian is the encircled statement from Ms. Stoddard, which is also excerpted below, for Planning and Zoning Commission consideration in formulating its rezone recommendation to the Meridian City Council for the proposed store at Cherry Lane and Linder Road: "... We are welcoming Smith's for their other location they have chosen at Cherry and Linder. It is half a mile away from any of our schools and we have absolutely no problem with that. ... " Telephone: 208-344-3448 Fax: 208-344-3922 copy: David Neilson, Smiths Doug Kowallis, Quest UL!OY./ ~ } B OISE CITX OF TREES 150 N. CAPISOL BLVD. P,p, BOX 500 HOISE, xDAFIO 83701-0500 FAX 208/381-3?53 FACSIMILE TRANSMITTAL To: MIKE WARDLE At FAX #: 344-3922 organization: Date: 2/2/96 From: VICKZ VAN VLIET BOISE CITY PLANNING DEPARTMENT Z08-384-3830 Total Pages Transmitted (Including this aheetf: 3 Additional Message: DRAFT COPY/PLANNING & ZONING COMMISSION MINUTES OF ~ JANUARY 22, 1996/RZ-23-95-DA/SMITH'S FOOD KING _~ % 0' ' 9 6 P that had been approved here, that retail uses had been specifically excluded from the corner? Mr. Korte - If you review that original conditional use permit, it was for a 20~ exception. This Commission ruled that the proposal that was being put before them was not a 20~ exception. It involved a convenient store. Times change and land uses change. That is the case here. This corner will never be single family residential. zt will never be an 8-acre office park because these type of users are going to go into the Boise Research Center. This facility will be very valuable tv the Research Center as there will sow be a shopping facility less than one mile away from an employee base of 7 to 8 thousand people. They won't have to drive 4 miles now. Randy Braden (5340 Black Spruce) - i am concerned over the safety of the students at Centenni High School. In the mornings there have been several accident ;~ y..•'~ars hitting kids crossing the street . It is very hard ge 'tii3g ~~ir pf the Spruce Meadows Subdivision and this is just g~ia~'tmjcr-sate a bigger problem for us . The homeownezs moved there kno~ing;~iis area was zosned residential and it was hopefully going ~o stay that way. Currently my wife and I go about 5 miles to shop and we don't think this store is needed in the area. Bev Stoddard (Represending Meridian School District) - The Meridian School Board in is opposition to the constructnon of a grocery store at the corner of Cloverdale and McMillan. That corner is directly across the street from Centennial High School. That school is one of the largest high schools in the State of Idaho with an enrollment of 1,700 students. High school students drive to school, not ride the bus. This is the group of students that leaves school at noon to go to lunch. Even if Smith's is across the street, they will probably drive there because it is not cool to walk there. This is the group that comes back to school in their cars at night for numerous school activities. Centennial School is utilized 22 months a year. Our main opposition is not directed against Smith's. In fact, we have nothing against Smith's what-so-ever. We have been opposed to anything of this nature going on that corner and we were opposed to the convenience proposed several years c' t n the position that not ng 1 e this should o rect ac ss s We are welcoming Smith's for their other location they have chosen at Cherry and Linder. It is half a mile away from any of our schoolsSeaad we .have absolutely no problem with that` ~__..,_o w~Q street rom owel -Scott. ur concerns are about traffic pedestrian safety. This intersection is extremely busy. This is the main artery for HP and the West Boise commuters. As our school gets bigger,. we've had to expand our parking lot. I invite you to stand on that corner at 7:30 a.m. and 3:00 p.m. It is downright scary. Pioneer Elementary is just down the road and Lowell Scott is just a bit further down. Kids are crossing that r.~ r-~ ;:- R 2229 N. Astaire Way Meridian, ID 83642 17 January, 1996 Robert Corrie, Mayor Meridian, ID 83642 Dear Mr. Corrie: RE,c~~v~0 JAN 1 91996 CITY Of ti1~RiDlAN My wife and I are writing you regarding the proposed Smith's grocery at the intersection of Cherry and Linder roads. We oppose the change in zoning which would permit this store for a number of reasons. First, construction of a store at this location would be unfair to the people who have already purchased houses in the immediate area. They have made significant investment in this town and that location, with the understanding that homes were to be built there. I, for one, would not care to buy a house across the street from the noise and bustle of a grocery store; I doubt you would, either. What will this do to their property values? The increased traffic associated with a grocery store does not mix well with the foot traffic of students walking to and from school every day. There are three schools within a very short distance of this proposed store, and we are very concerned about the safety of our children. High school students would have a tendency to `hang out' near the store, both at lunch times and after school, as well as on the weekends--we already see this at the Albertson's at Cherry and Meridian, and to a smaller extent at the Maverik Market near this proposed location. My wife and I have witnessed high school students stealing alcohol and cigarettes from the Maverik. Why give them a better source? Worse, our son has already had trouble with older students as he walks home from Meridian Middle School; why give the students another close, attractive place to loiter? There is another Albertson's already under construction at the intersection of Cherry and Ten Mile roads. While my wife and I aren't exactly thrilled to see another high- priced grocery store going in, it begs the question whether this Smith's would be commercially successful anyway. The _ ~ ~• company does not exactly have a stellar track record in the Valley. Do we really need five major grocery stores (counting the Fred Meyer's going up at Locust Grove and the WareMart off East First near the freeway) in this town? About the only thing worse than a new grocery at the proposed location would be a store that goes belly-up. My wife and I both strongly support commercial growth in Meridian. Among other things, such growth will ensure that Meridian's money stays and works in our town. Our complaint is against the choice of location. We applaud the construction going on near the intersection of Fairview and Locust Grove, across from the D&B Supply, and at other commercially-zoned locations (especially on East First near the freeway), and not just because these locations are further from our home. These areas have been laid out and zoned for commercial growth, and people have made their recent home-purchase choices with that in mind. We voted for pro-growth representatives in Meridian because we think that is right for the city, but we also feel the need for good sense in selecting locations. Lastly, we both are frustrated at the lack of publicity given to this decision-making process. Many more people would have voiced their objections sooner (ourselves included) had we but known about it. Sincerely, ~ ~~.~.~ Cam,, f and Debbie Crowell ~5n, ~h J ~~~~- January 16, 1996 REc~~v,~O .~ A, ~! 1 9 X996 City of Meridian Planning & Zoning Commission 33 E. Idaho Avenue Meridian, ID CITY OF MERiOfAN RE: Smith's Food King Application Dear Commissioners: Dosing your public hearing for the above referenced application a request was made for the Covenants, Conditions & restrictions for Valeri Place Subdivision No. 1. Enclosed please find 8 copies of the CC&R's with reference to Valeri Place Subdivision which, contrary to Mrs. Bennett"s testimony, does not include the property addressed in this application. Sincerely, ~~~ Georgia Mackley 1287 N. Santa Rosa Meridian, ID 83642 Home: (208)884-1145 Work: (208)939-6000 January 13, 1996 Mayor Bob Corrie City Hall 33 E. Idaho. ~~C~s~,rt~ Meridian, ID 83642 ~aN t 7 ~s9s RE Smith`s Proposed Store -- Cherry Lane & Linder Cn'y p~E MERIDIAN Dear Sir: I am writing to voice my concerns about and objections to the proposed Smith's store planned for the corner of Cherry Lane and Linder Road. I am taking this opportunity to write you in hopes my concerns will be considered. I attended the January 9 hearing of the Planning and Zoning Commission, but was unable to stay or testify because it ran so late, this item being deliberately placed last on the agenda. (My husband has Alzheimer's and I cannot leave him unattended for extended periods.) Our entire neighborhood would be adversely affected if the store is allowed into the area. I am very concerned about the store building on the corner for the following reasons: 1. I can hardly believe that Meridian needs 5 supermarkets -- the ones we have now are in close proximity and readily accessible to the entire community for shopping. 2. Why put a supermarket right in the middle of our residential area? I thought that's what commercially zoned areas were for! 3. Property values adjacent to the store would decrease dramatically. We cannot afford this type of economic loss For all these households! 4. The added traffic would be very dangerous for the many school children who walk past our house each day. 5. The store's hours would greatly affect our neighborhood: bright lights all night long; the noise of supply trucks coming and going at all hours; and, most importantly, the increased adivrty around the store only encourages chances for crime. We are not new residents to the area. We bought our property in 1976. We love our home and would not want to move because we have a Super Market out our front door. My husband is familiar with our neighborhood and feels safe here. A supermarket would not only cause him great confusion, but would also totally change the character of our community., which has always been built around aclose-knit, family-oriented neighborhood. Please hear the voice of this community,. and oppose this store being built here as planned. Thank you very much. ~ Sincerely, 1'~" ~/ A. Gordon and Ardis J. Schlafke 1900 N. Linder Rd. Meridian, ID 83642 (888-2837) DATE: January 9, 1996 TO: MERIDIAN CITY PLANNING COMMISSION FROM: Michael D. War RE: SMITH'S REZONE The following Ciry of Meridian Comprehensive Plan citations (in bold) are offered in support of Smith's request for a change of zone from R-4 to C-N at the northwest corner of Cherry Lane and Linder Road. _:, .. .._page6 .. _ _ Wit7un-the cammunify`there are unique neighborhoods which car~prise the Meridian urbanized area. Only a few of these areas have traditional neighborhood characteristics. Others are essentially developing districts and contain some elements of traditional neighborhoods, but at presets they lack nearby parks, schools, churches, and commerical support services. In time, the developing districts w~71 become neighborhoods as the community continues to expand and develop neighborhood facilities and services. Comment -The Cherry /Cinder neighborhood has schools, churches and park space related. to-the __ _ - . _ _. _. - - schools, but is clearly deficient in neighborhood commercial support services. Smith's will belp.ta,.remedy_that-problem-for existingresidents.._ _.__ -..__ __.~_ _,_,.~.._. -- -~ -••~ r~••~. ~^ ^^^< <-•~y ~. iviena~an zo support saoppmg iacitities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. page 23 j:$U Promote the development of high-quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods. Comment - As noted above, this neighborhood tacks the commercial facilities necessary to form and sustain an identifiable neighborhood. page 25 Neighborhood Shopping Center. As the smallest of the three shopping areas, its main -purpose is to provide convenience shopping to the neighborhood residents. The Comprehensive Plan encourages the development and location of neighborhood shopping centers instead of strip commercial areas. Comment -Location of Smith's at this intersection will focus commercial activity at a transporta- tion node where there is already a developing commercial center with C-N zoning on two of the other three corners. Clearly this is "nodal°, not strip development. page 26 4_1 Neighborhood Shopping Centers, rather than strip commercial development, shall be provided for convenience shopping services. Comment -Same as above. 4~ Locate new planned Neighborhood Commercial Centers (3-8 acres) on arterials or collectors. near residential areas in such a way as to complement but not conflict with adjoining residential areas. Comment - While Smith's proposal does not constitute a "planned" center, with their typical multiple uses, it does meet locational criteria (on arterials) and the site plan does _ _. respond io existing resident's concerns for buffering by the addition of new lots or park land between them and the store. page 60 Park Acquisition Goals ____ _. _ -_ _ ' -- - Create new public reerea€ion opportunities by acquiring new parkland and expa ittg - existing facilities that respond to the needs. of the community. 2_1 Provide places_for neighborhood outdoor recreation within walking distances. _ __ _ 2_2 Provide "change-of-pace" recreation in intensively used areas where open space is scarce and standard-size parks are difficult to obtain. I 2.SU .. all changes of land use will be considered as opportunities to: b negotiate for - the aet~b~s"~ten-#~Z"vst€i~=- ~:..~ ~- .~ ~..~..,~ . _ _; ~ ~ _ . _ :- ..~ _ , .. _ z~,,.~_ ~ - Comment - Smiths has two options on the table for the proposed buffering of "Linder Falls" • _ restdertt~--attother su~desac lvitk- dwellings,-0ra 27 acre. park~vhich.provides the- .._ . - _ - --- --=-- ----- opportunity to meet the above-stated objectives ..-u_ ._ __ _ _- T~ug~ f 7 j~, The dev€~Qpment-of houstng:TbT atttaromegro_ups ctose to em_ ployment and shopping centers shall be encouraged. --~--- ~-_---~----•--~•~-•-~---~--- comment - Conversely, shopping centers should be close to housing when such can be provided and meet the objectives of the Plan. Clearly, this {ovation achieves that objective. . pale 71 1_1 All commercial and industrial developments should be reviewed by the City for adequate site planning. - _ _ _ _ ,. Comment - Smith's will work with Meridian City staff and area residents to resolve site concerns and to provide appropriate screening, landscaping and lighting/signage control. page 73 4.3U Use the Comp Plan, subdivision regulations, and zoning to discourage strip devel- opment and encourage clustered, landscaped business or residential development on entrance corridors. 4.4U Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 5 2 J Ensure that all new development enhances rather than detracts from the visual quality of is surroundings, especially in areas of prominent visibility. Comment - the Smith's site plan proposes extensive landscape buffers not only along entrance corridors but also for residential buffers. / ~ ~ ~ - ~ ~ ~ y5 ; ~ ~ ~-t~5 z y ~~I D ': ~C ~ X07 ~ ana I~1c~3 uU D-2 ~~ -~ -~`~ ZS~~ ~~, Q ~~ y-~~ ~~ R~c~~vEL~ Terry R. & Lori Peel JAH 2 3 1996 1969 W. McGlinchey CITY fir. ~~;~:-~E: N Meridian, ID 83642 January 22, 1996 Meridian Planning & Zoning Commission City of Meridian 33 E. Idaho Meridian, ID 83642 Re: Proposed Smith's ai Linder and Cherry Lane Deaz Commission Members: This is to record our opposition to the proposed Smith's grocery store at the corner of Linder and Cherry Lane. We live in Glennfield Manor, off Sandalwood, behind Linder Falls subdivision. One of the primary reasons we chose to build in that subdivision is because we are within walking distance of all three schools-Linder Elementary, Meridian Middle School, and Meridian High School. Our son is a third-grader at Linder and our daughter is a freshman at the high school. When we built our house, we were awaze that the Linder/Cherry Lane intersection is very busy, but we were also told that the proposed Smith's site would be developed into a residential subdivision. Many children have to walk through the Linder/Cherry Lane intersection twice a day. Indeed, in the mornings, kids walk through that azea in the dazk. Those numbers will likely increase when the new library is built. A grocery store at that intersection will create a dangerous situation for the kids, no matter how much the store tries to blend in with the neighborhood. We understand and agree that Meridian needs more grocery stores. However, the "neighborhood plan" simply does not require a grocery store at this site. There will be a new Albertson's at Ten Mile in the neaz future and, with the current Albertson's and new Fred Meyer on Fairview, I am sure all the residents of this neighborhood will agree we aze close enough to a grocery store. We aze cer;.ainly not against Smith's moving into Meridian; however, Smith's should choose an appropriate site and not an area that children walk through every day in the dazk. At the very least, Smith's should choose a site where the children are bussed to school and aze not forced to hurdle a dangerous intersection. Thank you for your consideration. Sincerely on Peel .f WILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, 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 WorksBuilding Depardnent (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor MEMORANDUM: TO: Planning & Zoni>~g Commission/Mayor and City Council ~~~ FROM: Sh n Stiles, P&Z Administrator COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY January 9, 1996 SUBJECT: Request for Rezone of 8.34 Acres from R-4 and L-O to C-N by Smith's Food & Drug Center, Inc. Smiths Food & Drug Center, Inc., is requesting that property at the northwest corner of Linder Road and Cherry Lane be rezoned to C-N to permit construction of a60,000-square-foot neighborhood shopping center at the northwest corner of Linder Road and Cherry Lane. The majority of the property is zoned R-4 and had been platted as Valeri Place (aka Kastle/Emerald/Cinder Falls) Subdivision. Valeri Place Subdivision No. 1 has been recorded. The final plat of Valeri Place Subdivision No. 2 was approved on 8/3/93 and cone-year extension granted on 7/5/94; this plat is now null and void. A portion of the site was rezoned on March 15, 1994, to L-O to allow a low impact buffer between the intersection and anticipated residential development. The Applicants were Glenn and Millie Nyborg. FF/CL for that rezone will be provided upon request should you require a copy. The Generalized Land Use Map from the Comprehensive Plan shows this parcel as being Existing Urban. Existing uses of a type similar to this are or will be located at Locust Grove Road, Meridian Road, and Ten Mile Road, all on Fairview Avenue/Cherry Lane. If approved for rezoning, the Developer should provide: 1. A minimum 35-foot landscape buffer on Cherry Lane as well as details for approval prior to obtaining building permit; 2. Minimum 20-foot landscaped buffers on Linder Road and adjacent to residential uses (including across the road), with details for approval; ti P&Z Commission/Mayor and Council January 9, 1996 Page Two 3. o lete site plan for review and approval prior to submitting for building permits to assure compliance with City ordinances and staff and agency requirements. 4. One (1) three-inch (3") caliper tree for each 1,500 square feet of paving. 5. Construction in compliance with the Americans with Disabilities Act. 6. Extension and hookup of sewer and water lines to serve project. 7. Application for conditional use permit for any further development (future pad site). ~~ ~~ ~ ~Q~e~ ~ ~ R~ ~~ FINDINGS FOR APPROVAL Smith's Food and Drug Centers, Inc. Linder Road & Cherry lane The request by Smith's Food and Drug Centers, Inc. (Smith's) to rezone the northwest corner of Linder Road and Cherry Lane from R-4 and L-O to C-N (Neighborhood Business District) promotes and supports the public necessity, convenience and general welfare by complying with the provisions of Meridian's Zoning Ordinance and Comprehensive Plan, as provided below. Both the Comprehensive Plan and Zoning Ordinance state it is the intent and purpose of Meridian to advance the City of Meridian as aself-sufficient employment and economic center. Toward this end, the rezoning of this parcel and the development of Smith's will assist the City in meeting its goals. Zoning and Development Ordinance' 1. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a comprehensive plan amendment. The new zoning will be harmonious with and in accordance with the provisions of the Comprehensive Plan as more thoroughly provided beginning on page 4 below. 2. Is the area included in the zoning amendment intended to be rezoned in the future. This rezone request will allow Meridian to implement its Comprehensive Plan goals, and provide convenient neighborhood commercial services to the nearby residential areas and support the development of these areas into more complete neighborhoods. 3. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning [ordinance]. The Smith's site is intended to be developed in exactly the fashion allowed under the Zoning Ordinance. The purpose of the C-N zone is to establish business uses that are intended to meet the daily need of the residents of neighborhoods. Smith's at this location will help the City of Meridian to provide for the daily shopping needs of a number of its residents. Meridian encourages the siting of C-N businesses so such businesses avoid intrusion into adjoining residential districts. General Standards Applicable to Zoning Amendments, Section 11-2-416K. FINDINGS - 1 wpdocs\t-z\smiths\meridian\findings Accordingly, the Zoning Ordinance requires that this C-N district have direct access to transportation arterials or collectors (both Linder Road and Cherry Lane are arterials), be connected to municipal water and sewer (which the site will be), and not constitute strip development concept (which Smith's will not). 4. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. New residential areas in the vicinity of this site have developed rapidly over the last several years, and are continuing to develop. This ongoing change was recognized by Meridian when the City adopted its Comprehensive Plan in late 1993, which Plan provides that commercial sites should be encouraged in order to serve the needs of the Meridian public. As Meridian has approved new residential development those approvals have been made with the understanding that the Comprehensive Plan requires commercial sites to tanned for -and rezoned if necessary - to serve those residential developme s. 5. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area. As has been demonstrated to staff and the neighboring residents, and as provided in written and public testimony, Smith's is committed to designing, constructing, operating and maintaining its site so that it is harmonious and appropriate in appearance with the general vicinity. Smith's will not change the essential residential character of the area, and will promote the concept of residential neighborhood by providing for the daily needs of neighborhood residents. In keeping the Comprehensive Plan goals for community design (see page 73 of the Comprehensive Plan), Smith's is designed to ensure that the new development enhances rather than detracts from the visual quality of its surroundings. 6. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses. The existing use in the general vicinity is residential within the existing urban area of Meridian. The commercial use proposed is exactly the use planned for by the Comprehensive Plan and promoted in the Zoning Ordinance as required to meet the daily need of the residents of these residential areas. This use provides for the public necessity, convenience and general welfare, and is neither hazardous or disturbing. Further, the site plan, developed with input from existing residents, and FINDINGS - 2 wpdocs\t-zlsmithslmeridianlfindings in accordance with the Zoning Ordinance, is designed to mitigate any perceived, potential disturbances. 7. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such service. All essential public facilities are found in, and adequately serve, the area. Any public facilities necessary in connection with the development of this site (for example, drainage) will be provided by the applicant. For further information on services provided by highways and streets, please refer to number 10 below. 8. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. The rezone to C-N, and the location of Smith's on this site, will not require additional public cost for facilities and services which exist at this site. Smith's will not be detrimental to the economic welfare of the community as it will increase the tax dollars in the community. Further, Smith's will create a convenient shopping location thereby decreasing the time and money spent by individual residents of Meridian in traveling to and from convenience centers (perhaps outside of Meridian) for their daily needs. 9. Will the proposed uses 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, noise, smoke, fumes, glare or odors. The proposed uses do not produce excessive traffic (see further information immediately below), noise, and no smoke, fumes, glare or odors. As shown on the site plan for Smith's, the orientation of the use is away from the nearby residential areas and toward the intersection of Linder Road and Cherry Lane. 10. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets. The Traffic Impact Study by Bell-Walker Engineers, Inc. completed for this site analyzed Linder Road, Cherry Lane and Kastle Falls Avenue for traffic impacts on FINDINGS - 3 wpdocs\t-zlsmithslmeridian\findings surrounding public streets. Linder Road and Cherry Lane are minor arterials; Kastle Falls Avenue is a residential street, which intersects with both Linder Road and Cherry Lane. The intersection of Linder Road and Cherry Lane is widened to include turning lanes, and includes a traffic signal. The accepted traffic study shows the roadways will have adequate capacity to accommodate both the base traffic and the site traffic in the year 2015. The intersection of Linder Road and Cherry Lane will continue to operate at a Level of Service "C", and the intersections of Kastle Falls and Linder Road and Cherry Lane will operate at Level of Service "A." Access driveways on site will be located so as not to create interference with traffic on the surrounding public streets. 11. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. Smith's will not result in the destruction, loss or damage of any natural or scenic feature of major importance. The Smith's development will assist Meridian in the provision of important commercial services to its residents. 12. Is the proposed zoning amendment in the best interest of the City of Meridian. Meridian has already made the determination, by its adoption of its Comprehensive Plan in 1993, that the provision of commercial services, especially in the form of convenience shopping center, is in the best interest of the City of Meridian, and provides for the public necessity, convenience and general welfare. Smith's application for this rezoning assists Meridian in implementing the provisions of its Comprehensive Plan and carrying out its goals for its citizens. Comprehensive Plan The Meridian Comprehensive Plan clearly states that a major goal is to assist and encourage residential areas in becoming neighborhoods: Within the community there are unique neighborhoods which comprise the Meridian urbanized area. Only a few of these have traditional neighborhood characteristics. Others ... lack nearby parks, schools, churches, and commercial support services. In time, the developing districts will become neighborhoods as the community continues to expand and develop neighborhood facilities and services. (Page 6). The location of Smith's at the corner of Linder Road and Cherry Lane deftly assists Meridian in accomplishing its goal. As pointed out below, the rezoning of this parcel and FINDINGS - 4 wpdocslt-z~.smithslrneridianlfindings the development of Smith's at this corner is also in accordance with the remaining goals of the Meridian Comprehensive Plan. Economic Development Goal 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. (Page 18) In keeping with Meridian's policy to plan for new shopping centers as development warrants, rezoning the corner of Linder Road and Cherry Lane as C-N will implement the policy and Plan. Land Use Goal -General Policies Encourage a balance of land uses to ensure that Meridian remains a desirable, stable and self-sufficient community. Promote the development of high-quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods. (Page 23) Land Use Goal -Commercial Policies As the City of Meridian continues to develop, small Neighborhood Convenience Shopping Centers will be required to serve the day-today living needs of area residents.... Locate new planned Neighborhood Commercial Centers (3-8 acres) on arterials or collectors near residential areas in such a way as to complement but not conflict with adjoining residential uses. (Page 26) In rezoning this site to implement this and other goals of the Comprehensive Plan, Meridian will promote the development of residential areas into identifiable neighborhoods that contain the necessary commercial facilities to serve daily needs. The Smith's development is encouraged by the Comprehensive Plan (see page 25), which promotes the development of a neighborhood shopping center instead of a strip commercial area. This parcel is 7.24 acres in size, bordered by two minor arterials, and adjacent and near residential areas. Smith's will compliment the existing and planned residential areas, and Smith's has been designed not to conflict with adjoining residential uses. As further provided in the Zoning Ordinance, it is Meridian's intent and purpose to "encourage the proper distribution and compatible FINDINGS - 5 wpdocs\t-z\smithslmeridian\findings integration of neighborhood commercial into residential areas of the City" (see section 11-2-A-11). Transportation Encourage clustering of uses and controlled access points along arterial, collector and section line roads. Require Traffic Studies evaluating the impact of generated traffic volumes (internal and external circulation) on adjacent streets and to preserve the integrity of residential neighborhoods, as requested by the city. (Page 54) The Traffic Impact Study by Bell-Walker Engineers, Inc., completed for this site analyzed Linder Road, Cherry Lane and Kastle Falls Avenue for traffic impacts. Smith's will contain controlled access points, and is located along the minor arterials of Linder Road and Cherry Lane. The nearby Kastle Falls Avenue is a residential street, which intersects with both Linder Road and Cherry Lane. The intersection of Linder Road and Cherry Lane is widened to include turning lanes, and includes a traffic signal. The accepted traffic study shows the roadways will have adequate capacity to accommodate both the base traffic and the site traffic in the year 2015. The intersections of Linder Road and Cherry Lane will continue to operate at a Level of Service "C", and the intersection of Kastle Falls and Linder Road and Cherry Lane will operate at Level of Service "A." Access driveways on site will be located so as not to create interference with traffic on the surrounding public streets, and to preserve the integrity of the nearby neighborhoods. Implementation Update the zoning and development ordinance to be in conformance with the adopted Comprehensive Plan as required by state law. (Page 80) Clearly, the Smith's application for rezoning provides the City with the opportunity to do what is required by state law - to amend its Zoning Ordinance to implement the Goals of the Comprehensive Plan. FINDINGS - 6 wpdocs\t-z\smiths\meridian\findings A ` MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: JANUARY 9.1996 APPLICANT: SMITH' FOOD St DRUG CENTER INC. AGENDA ITEM NUMBER: 13 REQUEST: PUBLIC HEARING: REQUEST FOR A REZONE OF 8.34 ACRES FROM R-4 AND L-0 TO C-N AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATT CHED COMMENTS CITY PLANNING DIRECTOR: 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: 111 Materials presented at public meetings shall become property of 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 SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator 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 Mayor MEMORANDUM: To: Mayor, City Council, Planning & Zoning From: Brtlce 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 ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER January 5, 1996 Re: SMITH'S FOOD AND DRUG CENTER #129 -Request to Rezone 8.34 Acres to C-N {by Smith's Food and Drug Centers, 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: • GENERAL 1. Any existing imgation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605. M. Plans will need to be approved by the appropriate irrigation/drainage district, lateral users association or down stream users, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 4. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414. D.4 and I 1-2-414. D. S of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted for all off-street parking areas and shall be approved by the City Engineer (Ord. 557, 10-1-91). 6. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414. D.3. SMITH'S.P&2 ,` Mayor, Council and P&Z January 5, 199b Page 2 7. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. • SITE SPECIFIC COMMENTS: 1. The legal description submitted with this application for rezone, appears to meet all the requirements of the City of Meridian and State Tax Commission. 2. Sanitary Sewer and Water services are existing at the end of the stub street extending towards the proposed sit from Valeri Place Subdivision dba "Linder Falls". 3. The treatment capacity of the City of Meridian's Wastwater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. SMI1H'S.P&T_ HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., Clty Cleric JANICE L. LASS, Clty Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT. Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL. DMV Supervisor KENNETH W. BOWERS, 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) 887-4813 Public Worts/BuildinE Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANTP. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 8 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 Cleric by:~anuarv 2. 1996 TRANSMITTAL DATE: 12/18/95 HEARING DATE: 1/9/96 REQUEST: Rezone of 8.34 acres to C•N BY: Smith's Food and Drua Center, Inc LOCATION OF PROPERTY OR PROJECT: North of Cheny Lane and West of Linder Road JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C!C WALT MORROW, C/C GLENN BENTLEY, 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.INEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATI N ELIM & FINAL PLAT) CITY FlLES ~~ ~ OTHER: YOUR CONCISE REMARKS: ~+ s CITY (3F MEKID~AI'~ WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chlef 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 WorksBuildiag Department (208) 887-221 I Motor Vehicle/Drivas License (208) 888-4443 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT 0. 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 Sz Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: January 2. 1996 TRANSMITTAL DATE: 12/18/95 HEARING DATE: 1/9/96 REQUEST:. Rezone of 8.34 acres to C-N BY:Smith's Food and Drua Center Inc LOCATION OF PROPERTY OR PROJECT: North aF Cheny Lane and West of Linder Road JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION ~~~~~~~~ TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT DEC1 0 9995 RONALD TOLSMA C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C fAHO POWER CO.(PREUM & FINAL PLA~~Y OF i~£t~1lliA WALT MORROW, CIC U.S. WEST(PRELWI 8~ FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) SEWER DEPARTMENT CITY FlLES /C BUILDING DEPARTMENT OTHER: _ ~~ - / / ~ 9 FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY sir ' i ,.,,/ Filzf= ~DueOf W i LL d {- CITY ENGINEER CITY PLANNER _ a U ,+2 ~ 'Are f.,c.~-- ~• .` t t- ~ O -F f~ a ~. ~ 4-~,,,c r~ ~ >~= ~ o ~,~ QM ~A o ~ z e. ag z ,g. 8. z c a a e z ~,o n• I o a: ( n a y ~ ~ a a o y a 3 'rl o ,~ ^ o .o ~ D n c E -- E~ R1°. E g ~. 3 ~~ ac ~ G Ifl ern. ~ p '."' w ~ c n 3 Z2 ~ fA E ~ E~ p E '" ~~E y~ c kG n G W"~' W ~. '~ "'i ~~S m L". ? ~3 ~ G. ~ O ~c ~~$ rg ~E ~ ~ °~ .m $ ~oo,o N nn ~$~. 3E ~g e3.~ ~o~ e~ < S ~ ~-• ~~w~ R ~g gE ~~ ~~ ~ ~a ~•~ ~ ~ to rt rr £ n ~C O~~su cn m rr ~ rt w ~C m ~ ~' ~ UI c O h'h ~ rr w rn .rt ~ • ~ ~ ~ ~ G ~ ~ F~ E ~ (D C N b ~ ~ n ~ ~ l l~~ L w . _ ~ t 1 ' 1 ~ ~ ~ " W g J C '~ p B ~ ~ ~ ~ Q s ~ ~~ p ~ R p p , r F.J ~ A+ ~1. ~', m a ~• a ~~ rS ~ ri N• a a ~ ~. wa.i~ wN~ N ~OJA~J OOO OVA M~~iJy~ WWy~ My~ a a s a s a a a ~f3825~~2525 pp N._••~OW 00li J• 8888 y W ~ O~~'~Os Q ry~ ~25~825j ~1- ~ r{AWN O~~pp00 NCO OVA WNJJ a• a a a a~ a s ~~~~ ~ JOp~~{{~~A lggi fYAJ ~~8 WWNN 8 •O~W+QA~g~q JQ 8 8 68 8 6 b25a25~ z .p pp ~JO~YIA W~J `I,O OOJO~tA IA ypa ~pppO ~pJ~ppp TTp tppppApp t{/po~ jL~~~jj pMppppp ~1j~OO~ pp yW~ 0088~~ •O jjON~~ OOOH O~OO~H~Op O~O ayy. O~OW,O apap pppp~~jjt~~,jo~~ OOOS ~ N~...~~ Lua jam pJp~~pp7 Opp B 00000 •/'~ ~ N p~p~pp~J~Jp~ jjpw~p ~ppppp.. {•Np~. j,~WT~ pppp~ ~JQp ppO~Wga 8V'pOO~ {ApA OpUQO~ W8 JqJ rJQi Jpp 0 0 0 G G O O G O O G G C G C O NN jWO~ j~.QO~MQp ~ G C G~ ~ a OJQO~ Mpp pNp~,`QpOq ~QJp ~~Spp v O O C G p .1 p~ p~ p. {y t~ N tp~/1 ~pppp0pp pAppp~~ ~pppD~~ i®®pp~ jjO~a ypM .u~. pJa WAp ppb~ O8~ pNp~j~s~O jas~ jWO~ H 0 0 0 0 G O~ OO 0 0 0 0 0 0 p~p~ O8O U Wyp 0 0~ 0 v js~ ~ypO Jp PNp ppAp (~' 0 0 0 0 0 A W N ~~~ m O C 7D m ~ Z m °- O C v_ Z~\ YI N `~`~ c~ ~~ ~~~ss O ~~ a rs 5' 5 .~ u v~ u a ~~~~~~~SSYSSY ~g w ~• G• O m o O ~ f1 O Z y a ua a ~' •.~i 9~s ~~ ~~ ~~ e d ~~ 4~ a~ ~,~ ~_ -. ~3 3 3 ~~ $o E O n £ s 4 D z s m F CENTRAL •• DISTRICT i 'HEALTH DEPARTMENT Rezone # ~ _ Conditional Use # Preliminary /Final /Short Plat 4 ~ffse„ ^ Boise I J,i r~ ^ Eagle ~~il~ ~" Garden city Meridian ^ Kuna ~i~t i ~ S moo ~-~~ ~/~~ Cr - ^ 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 6e submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ~-central sewage ^ community sewage system ^ community water ^ sewage dry lines central water ' 10. Street Runoff is not to create a mosquito breeding problem. ^ I I. ^ 12. ^ 13. ,~] 14. 15. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. We will require plans be submitted for a plan review for any: food establishment ^ swimming pools or spas ^ beverage establishment ^ grocery score CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division ~'°~"ro ~- ~ ~} ~~..~~~ ae~,ro• ^ child care center Date: ~/ Z ~/cl.S Reviewed By: ~. ~~i~t,~Z CDND 10191 rcb, rev. Ir9S Review Sheet TH ENT MAIN OFFICE • 101 N. ARMSTRONG PL. • BOISE, ID. 83104 • (208) 375-5211 • FAX; 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of ow environment. CENTRAL •• DISTRICT ~THEAL DEPARTM STORMWATER MANAGEMENT RECONIlVIENDATIONS 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) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho Regional Office, September 1995. 2) 3) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992. ADA COUNTY HIGHWAY DISTRICT GUIDELINES STORMWATER AND SITE DRAINAGE MANAGEMENT. Serving Valley, Elmore, Boise, and Ada Counties WIC Bose • MeritSan Elmore Candy Office Elmore County OOfce 1606 Roberts 520 E. 8th Street N. a Environmental Health Boise, ID. Mountain dome, ID. 190 S.1m Street E. 83705 Ph.334-335,5 83647 Ph.587-4401 MCLnialn Home. ID. 324 Meridian, ID. 8„'+~:' rh. 581-9225 83642 Ph. 888525 Ada / Base County Office 101 N. Armshong PI. Bogie, ID. 83104 Enviro. Health: 321-1499 Family Planning: 321.1400 Immun¢ations: 321-7450 Nutrition: 327-7460 WIC: 321.7488 FOR. Valey county Olllce P.O. Box 1448 McCaB, ID. 83638 Ph. 634-7194 . ' ~ OFFICIALS HUB OF TREASURE VALLEY COUNCIL MEMBER WILLIAM G. BERG, JR., City Clerk A Good Place to Live RDNALD R. TOLSMA JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D S NAX YERRINGTON CITY OF MERIDIAN . TUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. 33 EAST IDAHO P ~ 2 COMMISSION SHARI L. STILES, P & Z Admin?strator MERIDIAN, IDAHU 83642 PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS Flre Chle} JIM JOHNSON, Chairman Phone (208) 888-4433 • FAX (208) 887-4813 MOEALIDJANf , W.L. "BILL" GORDON, Police Chle} Public WorksBuilding DeQartrneot (208) 887-2v"~~L~ O V J1sM SHEARER ° V (~ WAYNE G. CROOKSTON, JR., Attorney L 3 IE ROUNTREE Motor Vehicle/Driveis Licence (208) 888443 TIM HEPPER DEC GRANTP. KINGSFORD 2 z f995 . Mayor NAMPA & MERIDIAN IRRIGATION DISTRICT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Cleric by: January Z. 1996 TRANSMITTAL DATE: 12/18/95 HEARING DATE: 1/9/96 REQUEST: Rezone of 8.34 acres to C-N BY: Smith's Food and Drug Center Inc LOCATION OF PROPERTY OR PROJECT: North of Chenv Lane and West of Linder Road JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFFlCE(PREUM 8~ FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIP-TION TIM HEPPER, P/Z CENTRArL DISTRICT HEALTH BOB CORRIE, MAYOR Npl~ill. MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PREUM & FINAL PLAT) WALT MORROW, CIC U.S. WEST(PREUM & FlNAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PREUM 8~ FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PREUM >3< FINAL PLAT) SEWER DEPARTMENT CITY FlLES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Meridian Irrigation POLICE DEPARTMENT District has no obiection to the rezone of this parcel CITY ATTORNEY of land for Stnith's Food and Drug enter In however CITY ENGINEER , if this r t to t ~'.' J;-;'3 t~a3 .. ~ .. January 4, 1996 Meridian City Planning & Zoning 33 East Idaho Street Meridian, Idaho 83642 Gentlemen: ~~~~~ V ~~ J"~~ 0 5 1996 ~;IT~ Ulf t~~~KlUff~ Please consider this letter as our input to the Public Hearing dated January 9, 1996, regarding application of Smith's Food and Drug Centers to re-zone the North West corner of Cherry Lane and Linder Road. We can not be present to testify personally, however, we do want our concerns to be part of the public record. We feel this store is badly needed to service the fast growing population in this area. The nearest comparable store is over one mile away. We have shopped at Smith's in Utah, and find them to be clean, progressive, well stocked operation and believe they provide good service to the community. We recommend the requested C-N zoning be granted. Sincerely, L1/ W. Roy Brown 1701 West Cherry Lane Meridian, ID 83642 TO: Meridian Planning ~ Zoning RE: Rezone for Smith's Food & Drug Jan 8, 1996 Commissioners; I have some questions and concerns with the request for rezone for Smith's Food & Drug. 1. The residents of Glenfield Manor, immediately North of this project, purchased their houses with the knowledge that the remainder of vacant land was in the plat for residential, i.e., Castle Falls. 2. The proposal for one row of houses to "Buffer" the residents of Glenfield Manor raises a question of how many people are willing to buy houses knowing their view out of their picture window is the back of a grocery store? 3. With this store we will have four grocery stores within a three mile stretch of Fairview/Cherry Lane, (Fred Myer's at Locust Gr., Albertson's at Meridian Rd., Smith's at Linder, and Albertson's at Ten Mile) this could be over saturation. Can this area support four stores? What happens if it cannot and Smith pulls out again? 4. When morning traffic backs up like it does now, drivers will use the extension of Castle Falls St. as a by-pass to the light at Linder & Cherry Ln. Thank you, 7 ~~,~ , GLENN R. BENTLEY ;~ City Council ~C~~~ JAN - ~ 1996 CITY OF MERID1AAl ,'~~ - ,~ Pet~t~on ~~t ~ j, ~ ~' ~~ .ti. Regarding ~ ~` ~,~ ~ J 1~ Proposed Cherry Lane/Linder Road Commercial Rezone for Smith's Food Store We, the undersigned, are not in favor of and do not suRport Smith's proposal to rezone property located at the northwest corner of the intersection of Under Road and Cherry Lane from residential to commercial for the purpose of constructing a 60,000 ._ _. square foot food store with optional pad space for additional commercial businesses."~ ' /?j clf .. ----- - LI- - -_ -~" ~ -- - -- - -- __ _ ~ -~ __ ~ .. _ -T_Nam ~1 . -~--- ~, - ` - :~ address.. ---- ---- -------.o-~- _.1~? 1st ~Q~1~._w_~Q!J _ r 9<s u~ ~~~! ___----- 8 ~~ - ~aa ~ ~~ sue- 9 ~7~ '~ ~~ ~~~~~v ~~7- 5~~ i~' l~~~L_.~- __ X87-9~`f2- ~ - -- L Petition Regarding Proposed Cherry Lane/Cinder Road Commercial Rezone for Smith's Food Store We, the undersigned, are not in favor of and do not suggQrt Smith's proposal to rezone property located at the northwest corner of the intersection of Linder Road and Cherry Lane from residential to commercial for the purpose of constructing a 60,000 square foot food store with optional pad space for additional commercial businesses. Name 170, N .___ ~ S''b_ __:. _ 13o_t a~---=------_ ,_,. „ ------ _1_~a:.~ ~._~ t~lll~i~------11~~;CI~.i~~~-------- - __~Address Petition . ~ :. -~ Regarding ~ ~ ~ ~ ~ - ~ .. Proposed Cherry Lans/Linder Road•Commercial Rezone for Smith's Food. Store We, the undersigned, are not in favor•of and do not sua~ort S.mith's proposal to rezone property located at the northwest corner of the intersection of •Linder. Road and Cherry Lane from residential to commercial for the purpose of constructing a 60,000 square foot food store with optional .pad space for additional commercial businesses. ___._Address ___ X75! ~1' i. ~ wi/~~1~ 11.E ~___ ~~r! ~ -- -=-- i _ 1,__~-1 I I~,~ _.~.~ ~ rr ~____________ ~ ~cQ_~~1~ -- w~~ L ~ i ICI:~ : i 1~~~C; ~' ~~, • __________ I~15 /~~ ~~~a t G I ,.-. Ci ~ ~f ~~ ~~ • ~~ _~~ ..~, ; _ -~. _. ~ Petition Regarding Proposed Cherry Lane/Cinder Road Commercial Rezone for Smith's Food Store We, the undersigned, are not in favor of and do not su~{~ort Smith's proposal to rezone property located at the northwest corner of the intersection of Linder Road and Cherry Lane from residential to commercial for the purpose of constructing a 60,000 square foot food store with optional pad sp~e for additional commercial businesses. Name ._ ~ - ----------------- ------------------- - • ... .1 ~ - -----~--------- ------------------------------ .~? ~~ _---__ !mac G~1~- --- ~~~~ ~ 1 L ----- --- -~ ------ ~_7 -~ ~ ~ ~ ~- ___ _ ____________ M _--~~--«__ w ... - - Wc- , YeiY _'1 -----------~- ~- , ~---_---____~~~ y -1~~1 _~ __~1~i12 ___8g7= 78d'j ~~_~, : ~,~~~'_ ~ s~~~ :?mil - -- - Petition ' - - ~ ~ ~ ~ .. . Regarding ~ ~ • ~ ~ . ~ . Proposed Cherry Lane/Cinder Road Commercial Rezone for Smith's Food Store We, the undersigned, are riot in favor of and ~o hot suonort Smith's proposal to rezone property located at the northwest comer of the intersection of Linder Road and Cherry Lane from residential to commercial for the purpose of constructing a 60,000 square foot food store with optional pad space for additional commercial businesses. ___ Address_ ___ ' _.l_'~1~~ i,~. ~~~~c~~.~cQc ~ _______~ ~:3~!_ ~?iCl1~ Petition Regarding Proposed Cherry Lane/Cinder Road Commercial Rezone for Smith's Food Store We, the undersigned, are not in favor of and do not suaport Smith's proposal to rezone property located at the northwest corner of the intersection of Linder Road and Cherry Lane from residential to commercial for the purpose of constructing a 60,000 square foot food store with optional pad space.for additional commercial businesses. _ N a m e___________ ----Addrey-ss---------------~------- -~1~~~--k'~11,.__ -`_~_fi.YL:~.:~1~s-_ctlr~-- -~.~1~t_~Lt_~.n---- ~, ,; ,~ _ ~_ --------------------------------------------------------------- -- Tcrn.rn~:~.---~-~~n---- ~ -------------- Petition Regarding Proposed Cherry Lane/Cinder Road Commercial Rezone for Smith's Food Store We, the undersigned, are not in favor of and do not suRport Smith's proposal to rezone property located at the northwest corner of the intersection of Linder Road and Cherry Lane from residential to commercial fa the purpose of constructing a 60,000 square foot food store with optional pad space for additional commercial businesses. ....,~ ... .__. ~~.~.~-Name _. ------- 7 -~,,,,, -------- _. ---Address-------- -------------~/~~~'=~. tit ,~ ~, ,, - --7--------- ------'-----------------------° °----------°°°°------ ------------ -- ----- h- J -- - ~~ U~-~_r --- - --- -- ,I_ _-- - - .- - - _~ - _.~. _ - ~~- j--- - -i --- ---- ---- ---- - ------ !~ -~- --•-------------- - - --~- - ~~~-~~~ L~1 - ,. Peti#ion Regarding Proposed Cherry Lane/Linder Road Commercial Rezone for Smith's Food Store We, the undersigned, are not in favor of and do not sugport Smith's proposal to rezone property located at the northwest corner of the intersection of Linder Road and Cherry Lane from residential to commercial for the purpose of constructing a 60,000 guars foot food store-with optional pad space for additional commercial businesses.- _ __Name ~~_n-~-_ ~_ --_~ _ -___ ,dr`Il ----Address-------------- -"~.0~~ o N: J~~c s g'~?-78`77 -~--- (~Q ~~~ '~~:a~'~t~ $ 7 -to 3 o co -~~ Petition Regarding Proposed Cherry Lane/Cinder Road Commercial Rezone for Smith's Food Store We, the undersigned, are not in favor of and do not suRport Smith's, proposal to rezone property located at the northwest corner of the intersection of Linder Road and Cherry Lane from residential to commercial for the purpose of constructing a 60,000 square foot food store with optional pad space for additional commercial businesses. -----Name------------ _~_Address______________~_ _ ~ ~'~..~ ~_ --~I~s-----~I~ricli~ . 31~s ~~er ____ L ------------- -- =X----`~ =----------- - ----------- petition .. ad Store _ Ftega~din9_ mith's F° ... • ~ ReZOne fior S d C°m'merc` rezone ~ Smith's Pr oad 9nd CherN erN LanelL~nder Roa proposed ~h and d •no ion of Linder ~in9 a60,~~~ . re not in ~ ~0r er °~ the -nterse~ of co ~ rciai businesses• a ~ for urP~ ers+gned' hWe~ com ,.. _ . ~ e ,the and t the nod msrcia th for add-t~ona~ c0 _ '_ i`____F~~' wrOperty ,ocar® aAntta~ t Po°r'al Pad she __ P ne from d store w~ ____ _ 7t i~ 7.3 La a foot foo ddrsss--- ~ ~ ._~~~ :<_~ ; „. _ _ . _ _._ ~. ~. ~ r-~~~ J- C _ __ ;~ , 1 ~, ~.yr-~"•--~1L- ''r Div .L-""- - ,, ~.~- . ~~ .7- ~~~_ J ~-_~ I.~ petition Regarding Proposed Cherry Lane/Cinder Road Commercial Rezone for Smith's Food Store We, the undersigned, are not in favor of and do no port Smith's proposal to rezone property located at the northwest corner of the intersection of Linder Road and Ch9ny Lane from rasidentlal t~ oortnrner~lsl for the purpose of constructing a ~Q,000 crti ~nrc fnnt fnnri c`ytnrc vvifh nnlinn~l n~ri ~n e~ fnr qr~lrii~in.,n) ..n..~....~.,,,,;,.1 1~.,,,,;,,~ __ vyuu~v vv• vvM •v~v •~~~„ y~/~w~~Y~'/4Y V~~jV' ~VI GiVVIltVI1G{t MV1171IIQ1~rIQ1 Y~1111~J,Q,. _____Name ~. ~, __.~Address -----~' _ ya.~__~'~_L--yam ---~~ _j ~ Petition Regarding Proposed Cherry Lane/Cinder Road Commercial Rezone for Smith's Food Store We, the undersigned, are not in favor of and do not sup~t Smith's proposal to rezone property located at the northwest corner of the intersection of Linder Road and Cherry. Lane from residential to commercial for the purpose of constructing a 60,000 square foot food store with optional pad space for additional commercial businesses. ____ ame ____Address -- -- - - /- G.~~ __ --- __M_ --------- --- ---------- ` f 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 L. STILES, P & Z Administrator 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 WorksBuilding Departrnent (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor MEMORANDUM: TO: Planning &~Zonil}g Commission/Mayor and City Council '~ FROM: S~ Stiles, P&Z Administrator COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P A Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY January 9, 1996 SUBJECT: Request for Rezone of 8.34 Acres from R-4 and L-O to C-N by Smith's Food & Drug Center, Inc. Smiths Food & Drug Center, Inc., is requesting that property at the northwest corner of Linder Road and Cherry Lane be rezoned to C-N to permit construction of a 60,000-square-foot neighborhood shopping center at the northwest corner of Linder Road and Cherry Lane. The majority of the property is zoned R-4 and had been platted as Valeri Place (aka Kastle/Emerald/Cinder Falls) Subdivision. Valeri Place Subdivision No. 1 has been recorded. The final plat of Valeri Place Subdivision No. 2 was approved on 8/3/93 and cone-year extension granted on 7/5/94; this plat is now null and void. A portion of the site was rezoned on March 15, 1994, to L-O to allow a low impact buffer between the intersection and anticipated residential development. The Applicants were Glenn and Millie Nyborg. FF/CL for that rezone will be provided upon request should you require a copy. The Generalized Land Use Map from the Comprehensive Plan shows this parcel as being Existing Urban. Existing uses of a type similar to this are or will be located at Locust Grove Road, Meridian Road, and Ten Mile Road, all on Fairview Avenue/Cherry Lane. If approved for rezoning, the Developer should provide: 1. A minimum 35-foot landscape buffer on Cherry Lane as well as details for approval prior to obtaining building permit; 2. Minimum 20-foot landscaped buffers on Linder Road and adjacent to residential uses (including across the road), with details for approval; .~ st PBtZ Commission/Mayor and Council January 9, 1996 Page Two 3. ~~mglel~ site plan for review and approval prior to submitting for building permits to assure compliance with City ordinances and staff and agency requirements. 4. One (1) three-inch (3") caliper tree for each 1,500 square feet of paving. 5. Construction in compliance with the Americans with Disabilities Act. 6. Extension and hookup of sewer and water lines to serve project. 7. Application for conditional use permit for any further development (future pad site). MERIDIAN CITY COUNCIL MEETING: APRIL 16.1996 APPLICANT: ITEM NUMBER; 8 REQUEST; ORDINANCE #729 -SMITH'S FOOD AND DRUG CENTER REZONE/C-N AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ORDINANCE NO. 729 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTA~ REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PEEL OF LAND LYING IN A PORTION OF THE SOUTHEAST QUARTER OF SECT30~'2, T. 3N., R. 1W., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EP'E~R:®C.'FIVE DATE. WHEREAS, tLe City Council and the Mayor of the City of Meridian, Idaho, Lave concluded that it is in the best interest of said City to aneed., change and rezone from Low Density Residential (R-4) and Limited. Office, (L-O) to Neighborhood Business District, (C-N), the real ~.operty described in Section 1 below: NOW, THERE!E+O~,~BE IT ORDAINED by the Mayor and City Council of the City of viridian, Ada County, Idaho: Section 1. That the property described as: A parcel of land lying in a portion of the Southeast quarter of Section 2, T. 3N., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the section corner common to Sections 1, 12 and 11, and the said Section 2; thence North 89°.33'46" West for a distance of 584.90 feet along the Southerly boundary of the said Southeast quartet of Section 2, which is also the centerline of West Cherry Lane, to a point; thence North 00°26' 14" East for a distance of 622.29 feet to a point on the centerline of Kastle Falls Avenue; thence South 89°33'46" East for a distance of 583.08 feet along said centerline extended to the centerline of North Linder Road; thence South 00°16'08" West for a distance of 622.29 feet along the said centerline of North Linder Road to the Point a~f Beginning . be, and the same is rezoned from Low Density Residential (R-4) and Limited Office, (L-O), to Neighborhood Business District, (C-N), ORDINANCE Page 1 and Section 11-2-425, Official Zoning Maps are hereby amended to reflect the same. Section 2. That the property shall be subject to re-zone back to R-4 and L-O if the owner, Applicant or its assigns, heirs, or successors, shall not meet the requirements contained in the Findings of Fact and Conclusions of Law, the Ordinances of the City of Meridian, all representations made by Applicant or its agents, and of this Ordinance. This Ordinance is, in fact, conditioned on the Applicant meeting, performing and complying with all of the representations made in the Application, all documents submitted by Applicant as part of its Application, and all representations made by the Applicant or Applicant's agents. That all recommendations and requirements of the City must be met, including, but not limited to, entering into a development agreement. Section 3 . That the City Clerk shall cause one (1) copy of the legal description, and map, which shall. plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the ORDINANCE Page 2 City of Meridian, Ada County, Idaho, this day of 1996. APPROVED: MAYOR -- ROBERT D. CORRIE ATTEST: CITY CLERK,-- WILLIAM G. BERG, JR. STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 2, T. 3N., R. 1W., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. 729, by the City Council and Mayor of the City of Meridian, on the day of April, 1996, as the same appears in my office. DATED this day of April, 1996. City Clerk, City of Meridian Ada County, Idaho ORDINANCE Page 3 STATE OF IDAHO,) • ss. County of Ada, ) On this day of April, 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR., known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL Notary Public for Idaho Residing at Meridian, Idaho My commission expires: ORDINANCE Page 4 50 Broadway Ave. Suite B, Boise, 1D 83702 Apri13, 1996 Wardle & Associates Telephone: 208-344-3448 Fax: 208-344-3922 TO: Mayor Robert D. Come & Meridian City Council c% Will Berg, City Clerk via fax @ 887-4813 FROM: Michael D. Wardle RE: Smith's Rezone Photo Exhibit During the public hearing process, we presented and displayed an aerial photo of the Smith's site for accurate, visual reference. In fact, we have used similar aerial photos of all six sites in the Boise /Garden City /Meridian area for the planning & zoning commission, city council and ACRD hearings. In all cases--except Meridian--we were permitted to retain custody of those photo exhibits for further use. Meridian has held the photo and other exhibits. Inasmuch as a decision has been rendered in this matter, I respectfully request that the photo be returned for our use in the detailed planning and design process. We would be pleased if you chose to release the other items as well but they have neither the value (approx. $750) nor the use of the photo. I will attend the next Council meeting on April 16th, in the expectation that you will discuss the policy on exhibits and release the photo. cc: David Nielson -Smiths JoAnn Butter -attorney APR 03 '96 11 32 208 344 3922 PAGE.01 WILLIAM G. BERG, JR., City Clerk JANICE L. LASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, 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) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P R Z COMMISSION JIM JOHNSON, Chalnnan 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 8~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: January 2, 1996 TRANSMITTAL DATE: 12/18/95 HEARING DATE: 1/9/96 REQUEST: Rezone of 8.34 acres to C-N BY: Smith's Food and Drug Center. Inc LOCATION OF PROPERTY OR PROJECT: North of Chenv Lane and West of Linder Road JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, 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 8r FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: APPLICATION FOR REZONE MERIDIAN PLANNING Sz ZONING COMMISSION Filing Information GENERAL INFORMATION SMITH'S FOOD AND DRUG CENTERS INC (Proposed Name) Northwest corner of Cherry Lane and Linder Road (General Location) Attached (Legal Description -Attach if lengthy) James Huarte 3940 Roclc Hill Road. Shingle Springs CA 95682 (916)368-6910 (Owners of Record) Name, Address, Telephone Number Richard and Vicki Baer 1655 N. Linder Road. Meridian Idaho 83642 (208)888-9176 (Owners of Record) Name, Address, Telephone Number Dorothy Manning 6308 Colonial Drive. Boise. Idaho 83709 (208)375-0207 (Owners of Record) Name, Address, Telephone Number SMITH'S FOOD AND DRUG CENTER INC (801)974-1400 (Applicant) Name, Telephone Number 1550 S. Redwood Road. Salt Lake City Utah 84104 (Address) Hltbble Engineering. Inc. (208)322-8992 (Engineer, Surveyor, Planner) Name, Telephone Number 9550 Bethel Court. Boise. Idaho 83709 (Address) Meridian City (Jurisdictions Requiring Approval) Request Change of Zone from R--k and L-0 to C-N. Neighborhood Business Dititrict (Accepted By) (Fee) `\,\~ ~NG~NF~9~ RUBBLE ENGINEERING, INC. 9 y 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 Project No. 95187-01 December 14, 1995 SMITH'S #129 REZONE A parcel of land lying in a portion of the Southeast quarter of Section 2, T.3N., R.1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the section corner common to Sections 1, .12 and 11, and the said Section 2; thence North 89°33'46" West for a distance of 584.90 feet along the Southerly boundary of the said Southeast quarter of Section 2, which is also the centerline of West Cherry Lane, to a point; thence North 00°26'14" East for a distance of 622.29 feet to a point on the centerline of Kastle Falls Avenue; thence South 89°33'46" East for a distance of 583.08 feet along said centerline extended to the centerline of North Linder Road; thence South 00°16'08" West for a distance of 622.29 feet along the said centerline of North Linder Road to the Point of Beginning. Contains 8.34 acres, more or less. Prepared by: RUBBLE ENGINEERING, INC. `D~p1. LAIklps _ ~~ o a 4~~9 7D ~~z-iS.O~' ~Op0 RFwp~ Todd R. Waite, P.L.S. TRW/bh/1085.des AFFIDAVIT ~F LEGAL INTEREST 1, ~i~/~S I-I.4 ~ T ~ ~ ~ of o ~ ~ < Ire.- yi c L fZ d - (I~iame) (Address) ff1/ N6 ~ F rG~i ivy s , ~~F ~ -{ , beit~~ first duly swam upon oath, (City) (State) ~'.r68~ depose and say: 1. That 1 am the record owner of properly tocatrd at the Northwest corner of Linder Road and Cheny Lane In Meridian, Idaho, and 1 grant my permission to: Gid'~tr /~/y~rly~`f/ti,c~6 t~ `lrr~n /~F rH~G @-T ~~/JE , ~a ho (Name) (Address) ~3 ~ o y to submit the accomparrying application pertaining to that properly_ 2. l agree to indemnify, defend and hoid the City of Meridian and h's employees harmless from any dahn yr liability resulting from arty dispute as to the statements contained herein or as m the ovmershlp of the pnaperty which is the subiect of the application. Dau~ci this ~ day of ~ ~ G ~ ~ ~ ~ 2 _ , 1 g ~- sK~i SUBSCRJBED AND SWORN as before me the da and year first above written. GABRIEI E. GENORON ~~~~ ~ ~ -- conaa.e iozsei~ ~ otary Pubnc fo ~ ~~~ • rlosary Pu~c - cantaMa ResidD~ at ~~ ~ `~.~ nnv C~wn~F~a ~wY a i~ My Cvmrrfission Expires:..S- S- 9 TOTAL P . f72 TOTAL P.02 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss. COUNTY OF ADA ) I, ~6sd~ ~. ~G~n~1r1 ~ b36~ ~^C~fGH'tG~ Name) (Address) "`-~'```P~ =' - ~ ~~~ ,being first duly sworn upon oath, (City) (State) depose and say: 1. That 1 am the record owner of property located at the Northwest corner of Linder Road and Cherry Lane in Meridian, Idaho, and I grant my permission to: 5..,;1t,'s ~~a c..a 0 ~~ 15so S . R~~ ~. S(L, u.T (Name) (Address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this ~ ~ day of O~c~---~~Q+~ , 19 ~. SUBSCRIBED AND SWORN to before me the day and year first above written. ~.~- ~ ~~ Notary Public for Idaho Residing at l~o~~ , S~ My Commission Expires: ~u ~lc~e. Zeal AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss. COUNTY OF ADA ) (Name) (City) depose and say: ~~ss ~~~a~ (Address) 'T ~~~o (State) being first duly sworn upon oath, 1. That 1 am the record owner of property located at the Northwest corner of Linder Road and Cherry Lane in Meridian, Idaho, and 1 grant my permission to: Sw;;t~s F~ ~ p,r~ IsSo S. Re 1~~0~ {Zcj SLL uT' (Name) (Address) to submit the accompanying application pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statemenu contained herein or as to the ownership of the property which is the subject of the application. Dated this ~y day of ~ ,--.~~.~r , 19 ~ S ~c~~,~~- lam. %~-~~'~ (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. Q Notary Public!f~or daho Residing at k~6<<~ ~ ~ My Commission Expires: ~f y '~~e 2c~ l ,v- N~ _~i i URV' RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 December 15, 1995 208/322-8992 ^ Fax 208/378-0329 TO: MERIDIAN CITY PLANNING AND ZONING COMMISSION FROM: MICHAEL D. WARDLE RE: REZONE APPLICATION FOR SMITH'S FOODS On behalf of Smith's Food and Drug Centers, Inc., we are submitting an application for a change of zone to allow construction of a Smith's store to serve the western neighborhoods of Meridian. As a result of our research of the Meridian Zoning Ordinance, and verification that the Albertson's store was considered to be a "permitted use" in the C-N zone one mile to the west, no conditional use application is being submitted in conjunction with the rezone. LOCATION. Northwest corner of Cherry Lane and Linder Road intersection. PARCEL SIZE. 7.24 acres (8.34 ac. for rezone to street centerline/section lines.) CURRENT ZONES. R-4, Low Density Residential and L-O, Limited Office. PROPOSED ZONE. C-N, Neighborhood Business. PRESENT LAND USE. There are two dwelling at the corner--one owner-occupied, the other a rental. The balance of the property is vacant, formerly proposed to be an extension of Valeri Place Subdivision. SURROUNDING LAND USE. - North--Glennfield Manor Subdivision - West--Valeri Place No. 1 Subdivision - South--Neighborhood Business (C-N) zone with three developed parcels, including a Domino's Pizza, car wash and Maverik Convenience Store - East--Meridian Assembly of God Church, vacant land and three single family homes fronting Cherry Lane. - Southeast--C-N and R-8 zoning but undeveloped. 1 PROPOSAL. Construction of a 60,000 sq. ft., front-loading food and drug store on a 7.24 acre parcel. Proposed Buffers • North--A row of single family lots on an extension of Kastle Falls Way to buffer the existing homes in Glennfield Manor Subdivision. The 25 foot setback at the rear of the store facing the new residences will be intensely landscaped with only wall mounted, down-cast security lighting. There is no service access at the rear of the store. West--Two options are possible. The first is to develop the culdesac proposed in the subdivision preliminary plat. The other is to provide the 2.69 acre parcel for a public city park. Smith's will discuss these options with the city to determine the feasibility of the park. Frontage of both Cherry Lane and Linder Road will be bermed and extensively landscaped. DESIRABILITY OF PROJECT. Meridian has been one of the area's fastest growing communities. Until recently, the bulk of that growth has been residential. Commercial development is fast developing to catch up with the existing and projected population. Most of that commercial growth, however, is on the easterly and southerly edges of town. The westerly portion of Meridian does not currently benefit from those services, necessitatating trips outside of the neighborhood into the more heavily trafficked areas of Meridian. A traffic study of the proposed project has been prepared by Bell-Walker Engineers and submitted with this application and to ACHD for review. The subject location is in transition with new commercial uses to the south. The other quadrants of the intersection remain undeveloped and almost certainly will be presented to the City in the future for non-residential development. COMPREHENSIVE PLAN. The proposed Smith's store site lies within the "existing urban" land use designation of the Meridian Comprehensive Plan. [As does the proposed Albertson 's Store one mile to the west at Ten Mile and Cherry Lane.] The proposal addresses Comprehensive Plan policies: Commercial Policies "Neighborhood shopping centers...for convenience shopping services." (4.1, P. 2~ Location near, or at intersection of collectors and/or arterials. (4.2. a, P.2~ 2 Locate neighborhood centers on arterials or collectors near residential in such a way to complement but not conflict with adjoining residential areas. (4.4U, P. 2~ Park Acquisition Goal "Provide `change-of--pace' recreation...where open space is scarce and standard size parks are difficult to obtain." (2.2, P. 60) Note: This relates to the possible dedication by Smith's of the 2.69 acre site west of the store to the city as a small park and buffer to the residential area. Landscaped set backs (4.4U, P. 73) Visual quality enhancement (5.2U, P. 73) Entrance corridor goal • "...clustered, landscaped business or residential development on entrance corridors" (4.3 U, P. 73) PROCESS. Smith's representatives met in preapplication discussions with Meridian City Planning and Engineering staff on October 18, 1995. Concepts for the project were discussed along with site- specific and utility issues. A neighborhood meeting was held on November 9, 1995, at the Meridian Assembly of God Church. Some 80 area residents attended to express both opposition and support as well as to ask questions. CONCLUSION. Smith's application is directly comparable to Albertson's proposed store one mile west. Location issues, buffering, zoning--all the same. The question is whether the city will, under the same circumstances, allow the competitive opportunity to Smith's to serve Meridian residents. The proposal falls within Comprehensive Plan guidelines for "Neighborhood convenience shopping center" defined as having between 30 - 100,000 square feet and three to eight acres. And it can comply with the other noted policy issues for visual, location and buffering impacts. AGREEMENT TO POST. The applicant or representative will post the property at least one week prior to the scheduled hearing. FOR SM~i',~r~,~Cp1D~RUG CENTERS. 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M~:::::.....ii =~ _.. t ~ ~ h :-~:: .. r.::::H;ai:.... .i~ '` iii: - '' ^ Traffic Irn act Stud p Y Prepared .for. Smith's Food and Drug Cherry Lane_and Linder Road December 13, 1995 Issued by - Befl•Walker Engineers, Inc. -827 La Cassia Drive Boise, ID 83705 208-343-3609 TABLE OF CONTENTS ' 1 EXECUTIVE SUMMARY ...................................................... 1 ' INTRODUCTION .............................................................2 ' PROPOSED DEVELOPMENT ................................................... 2 AREA CONDITIONS ..........................................................2 ' Study Area .............................................................2 Site Accessibility ........................................................ 5 ' PROJECTED TRAFFIC ........................................................5 Site Traffic .............................................................5 ' Through Traffic .........................................................9 TRAFFIC ANALYSIS .........................................................9 ' Capacity and Level-of:Service ... • ... • .. • • • • • ............................... 9 Site Access . 1 g ' IMPROVEMENT ANALYSIS ................. • • ............................... 20 Improvements to Accommodate Base Traffic ..... 20 Improvements to Accommodate Site Traffic .................................. 20 ' CONCLUSIONS AND RECOMMENDATIONS ................................... 21 0 1 REFERENCES ..............................................................22 FIGURES Figure 1: Vicinity Map .......................................................... 3 Figure 2 : .................................................................... 4 Figure 3: PM Peak Hour Site-Only Traffic .......................................... 7 Figure 4: Percent Distribution of Site Traffic ........................................ 8 Figure 5: PM Peak Hour Build-Out Traffic W/Site ................................... 10 Figure 6: 2015 Average Daily Traffic W/Site ....................................... 11 TABLES Table 1: Smith's Food and Drug Store Trip Generation Summary ........................ 6 Table 2: Capacity Analysis Summary ............................................. 19 ' EXECUTIVE SUMMARY The proposed Smith's Food and Drug Store described in this report is located on a 7-acre parcel at the intersection of Cherry Lane and Linder Road in Meridian. The project will be constructed in one ' phase and will be completed by the end of 1996. The following aze the principal findings and recommendations for this project: • The site will serve as a supermarket and will generate a total of 4,830 daily trips, 120 a.m. peak hour trips, and 389 p.m. peak hour trips. Fifty percent of this traffic is pass-by traffic ' which already exist and is not newly added to the adjacent roads. • About 16 % of the site traffic is directed north on Linder Road, 15% is directed south on ' Linder Road, 58% directed east on Cherry Lane, and 11 % directed west on Cherry Lane. • Capacity analysis at build out show that with the intersection of Linder Road and Cherry ' Lane will continue to operate at a existing level-of-service of "C" with intersection delay of ' 19 seconds. • Two driveways on Cherry Lane are proposed asfull-access and right-in right-out access ' driveways. Driveways on Cherry Lane are located at distances of 340 ft and 530 ft respectively from the intersection of Linder/Cherry Lane. This access point meets the ' minimum requirements of ACHD Development Policy Manual. • Right-in, Right-out driveway on Linder Road located at distances of 350 ft from the t intersection of Linder Road/Cherry Lane. These access points meet the minimum requirements of ACHD Development Policy Manual. ' The roadways will have adequate capacity to accommodate both the base traffic and the site traffic at the year 2015. BWE#:5SF6.511 D:\TRAFSTDY\SMITH 129. WPD 1 1 1 ' INTRODUCTION ' Bell•Walker Engineers, Inc, (BWE) was retained to prepare a traffic impact evaluation for the proposed 60,000 square foot grocery store at the northwest corner of Linder Road and Cherry Lane ' in Meridian (Figure 1). This study was prepared per the requirements for impact studies for new developments as outlined in the Ada County Highway District (ACRD) Policy Manual. The purpose of this study is to evaluate the traffic impacts resulting from the supermarket in the vicinity of the site and make recommendations on the transportation system to accommodate the anticipated site ' generated traffic volumes in excess of those which currently exist. PROPOSED DEVELOPMENT The project site is located on a 7-acre parcel at the northwest corner of the intersection of Linder ' Road and Cherry Lane in Meridian. The preliminary site plan is illustrated in Figure 2. The project ' site is currently zoned as R4 and LO and the proposed zoning will be C-N. Surrounding land uses include Residential on north and west, Commercial on south, and Residential and Church to the east. ' The proposed project will be constructed in one phase and anticipated to be build-out by 1996. As shown in the Figure 2 the full project will be served by; a full access driveway and right-in right-out ' driveways on Cherry Lane; right-in right-out access on Linder Road; and a full access driveway on North Castle Falls Avenue. AREA CONDITIONS ' Study Area For the purpose of study the area within 2-3 miles from the site is considered as the draw area, i.e., ' the area of influence for the study. For the purpose of traffic analysis the entire frontage of the property along Linder Road and Cherry Lane is analyzed for traffic impacts. ' BWE#:5SF6.511 D:\TRAFSTDY\SMITH129.WPD 2 1 i a ~ W ~~ .__ __« H 1 ~~~,,L~~~~ ~ ~ ~-l~ J Q W W ,, F ~ __ CHINDEPI BLVD ~ - c~ ~~ i ~ [~ _ W ~ o 0 3 W z _McMILLAN RD ` ~I ~ z ~\ ~ ~, ~ J ~~ ~ ~ SIT _ ___ ~ ..i ~ ~ __ i TICK R ~- .J NOR HVIEW ~ _ CH R Y ~N FAIRVIEW VENUE PINE ~ T ~ EMERG ~~ ~ ~ - I ~ l ~ ~ ~ ~ M E F' D I R E ~~- ~ ~- ~. - ~ FRANKLIN D ` ~ ~_ ~' ~~ ' I ~ '_~ ~ _ ---- -- - - uvERLAND T ----- RD --- . ~< i . °~ . ' ~ _~ I I I T ~~r I U f` 1 I ~ i~ _ ----- ' ,T R'i ------- VI ~ D I I , ! ' n q r r ---- - _ ~ -- -'~ ~~ ~ -~~~~.~ _~ ~ _ ~1L-~ ~ ~ ' '~ ~ -=r~-- I i - L ~ ' - -- --- - -- ~- -- ~ ~ ' i ~ ~ --- ~ ~ ~ ----- ~ i~ I I I J - -- -- ~ ----- -- _ _____ __ _ _ _ _ __ - _ --- - ~ ~ Q. J II Y I j _ ''_{ ' ` E~I~ L L] ~_.I ~ w 1 I '~.~. J L I C~-L_ ~~_ ~ ) UM~ ~ `B - F - PD ~ ( ~ _ - ~ ~~ ~~. _'.vULUMBIA~ ~ ~ ~~ . ~ _ i--~ ' `-- , \\ ~ ~c~ i ~ Q L 1, _ I -_ l [-~ j ' r- I V' ~~ z ~ 3 ~ -_ ~ ;, -- _ - ---- _, - { --__ _ _ _ _ _ --- ~ c~ r i ~ , ~>.~. ~ '~ W > ~ ; ~:~~~~ VICINITY MAP - --- ~_; ~~ ----- ~ A ~: L~-~ F _ ~ ~- ~ _ - ---- r - -- I - _--- 1 _ _ __ L~ i ~ ~ - FIGURE 1 ~=>- - - - - ~~~ -~- -- _. _ 1 .,.. - --- - ~ -~-- - _ _ i ". j ~ 1 ' . I; I ~ I ! i ~ .~ . 1 ! 4`~~~~~ I-'~I•' = l1 ~!lt®-~.~ ISS m ,'~ c4Ii.9"`~'~+ s1 .4 u ;ar~' ;`7 i~,'el'-L, '~ ;. .~ . 17,7: j C ? H bi6`i! [ - ~ -~_ ~~JT1D i -~~ ' Q~G~. ! ' e. ~ • t~ ~ R - `\~ _ • I ~ .. R 43 ~ ~ I. I ~1 ... I , 4 ~3 _... I _ I I I b t -^ -- •~• It • I c - d< - ~ ~ - .I v .....__ . - _~ ..... i .. -....~._.._ .. -: - :..._..._.-...r. .. .rte .. ....... I • n - ........... _- . I ..__..... _ :.e ... s ... . I f ~ .. .: -' - - _ ~ ........-..._ c„7 _ .- ... .. _.... - ' v ... I ~ ~ f _-- .................: -. .... _......_aFiS _.. r. t I ................ yn N ~. _t•. I. , . ......_.._.-.... - :.. y •( . _. . I .-.._ ._......... __.-. ... f .i i :~. ~ _`~_ , I I' Imo. o .R ., I ` -- - v I e~ ~ y I. ,. I ~: _. ... ~ ._..__. .. ~• III II .f :: t :': ~ ~ I rl ~ ~) :. ,. - f " I I . I I:N. _:: I~I~ .r r J~1 - ..- .............. ' ~ ::~ ~ 1~ .I ~I ~ I N 016',x' C I ! oq' .ss'"' tM.yN,. 1 I •,' ~ !r Iii ~ ~\ \ \\\~~~ °• ~~ \ ~ I I I I I~ a~ K~ Q \ i t I I I ,ao ~ ~ ~ I ~ ;:~'~ I ~ I I ~ ~ ~ii .hr ~~ \\ ~ \ I I I `15 I x ~~ ~ ~~ >; I I I ~y ~ ' as \\ I I 1 I ~---~ ~ I II \ II I II .,. .. _ ... ' u _ 1 C..J i •Ijr . r• :iki I 1 I I o : I I I ... I I I 1 r _ . --•- 9. L: _ _ __.~ .. ___-_ -_. _- v • r~u.fnoc ,w.aa BIG ~hr~ri~17 ~t~..-_.-°-~•--. ~~'- _ ` ^' ~ f rvn~ _/J - w' il:: ~ :: .Itr. ' U-'- ' .. - - /~. - r -'__ .-=-=;mot ~'---`_-'_.'=._rt?i ___:_ .tl_:::a:~::_:~-~Q:c~= -.++.o~~c~rTl=~-=>zi__c_:::~:. ~: .. -_•:_ _.:::. _. ___ ~1..: .:::-r:-: • -. -- _-.-__._ _ ti-- .., _. .. ----. .... -: a:. - 1 :'i ~ ° ~ ~~ ~ ~ FIGURE 2 Site Accessibility The site is bounded by Linder Road on the east and Cherry Lane on the south. Linder Road is a 2- laneminor arterial developed with sidewalks. At the intersection Linder Road is widened to include left turn and right turn lanes. The posted speed limit on Linder Road is 35 m.p.h. adjacent to the site. The 1995 traffic volumes indicate a volume of 7,250 vehicles per day (vpd) on Linder Road north of Cherry Lane and 8,600 vpd south of Cherry Lane. Cherry Lane is a 5-lane minor arterial developed with sidewalks on the east side of the roadway. Posted Speed limits on Cherry Lane Road are 35 m.p.h. The 1995 traffic volumes indicate a volume of 11,580 vpd on Cherry Lane east of Linder Road and 7,910 vpd west of Linder Road. The intersection has left turn lanes and is controlled by an 8-phase traffic signal. Daily counts at the Linder Road/Cherry Lane intersection were supplemented by the consultant for the p.m. peak hour taken at 15-min intervals between 4:00-6:00 p.m. on a typical weekday ' (Appendix A). PROJECTED TRAFFIC Site Traffic Trip generation rates for the Smiths Supermarket of the project size is taken from a report' published by the Justin Farmer Transportation Engineers. Trip generation rates and the traffic generated by the project site is presented in Table 1. The table contains pass-by and primary trips. Primary Trips are those that are destined to the store. Pass-by trips are those that come directly from the traffic stream passing the facility on the adjacent Road system. Pass-by for a supermarket is estimated to be 50% based on the results published in ITE Journal and ITE Trip Generation Manual. Pass-by trips do not change the driveway traffic volumes but affects the amount of traffic that is added to the adjacent roadway system by the site. BWE~l:5SF6.511 D:\TRAFSTDYISMITH 129. WPD 5 Table 1: Smith's Food and Drug Store Trip Generation Summary Trip Generation Period Floor Area Trip Rate Total Pass-by Primary (th.sq.ft.) (per GFA) Trips Trips Trips 24 hr Traffic 60.00 80.50 4, 830 2, 415 2, 415 7-9 a.m. peak hour enter 60.00 1.10 66 33 33 7-9 a.m. peak hour exit 60.00 0.90 54 27 27 7-9 a.m. peak hour total 60.00 2.00 120 60 60 4-6 p.m. peak hour enter 60.00 3.25 195 98 98 4-6 p.m. peak hour exit 60.00 3.24 194 97 97 4-6 p.m. peak hour total 60.00 6.49 389 195 195 i SMITH'S SITE DRIVEWAYS ~ N L ~ N L 90 ~ ~- ~ -9 ~ •' -29 40 1 -$ ~ -29 "'- CHERRY LN o -. ~l 36 : h 1 ~ i N N 0 N 1__L LL 0 ,~ o roa z ~ ~l 79 ~ 0 L ,~ cU 0 o ... .n ~-- 57 ~ j b r o 0 -t ~'1 t f'~ -6 -• -2 ~ 0 0 FIGURE 3~ PM PK HR SITE-ONLY TRAFFIC i 11~ ~-~^- SMITH'S SITE DRIVEWAYS CHERRY LN In FIGURE 4~ PERCENT DISTRIBUTION OF SITE TRAFFIC (z (~ 0 z_ J 58~ ~- ii Traffic modeling (trip distribution, mode split, trip assignment) of the project trip generation was performed using the Tranplan Software with the network and demographic data2 for Ada County provided by the Ada Planning Association (APA) for build-out year 1996 and future year 2015. This impact analysis consider only auto mode for traffic assignment. Assignments of the p.m. peak hour traffic (site only) on the transportation network is shown in Figure 3. Figure 4 shows the percent distribution of the traffic from the Smith's store. Through Traffic Traffic modeling (trip distribution, mode split, trip assignment) of the background through traffic (non-site) was also performed using the Tranplan Software with the network and demographic data2 for Boise Metropolitan area provided by the Ada Planning Association (APA) for build-out year 1996 and future year 2015. Conversation with Planning and Zoning officials in City of Meridian revealed that there are no development projects near the site that were currently in the permitting process or under construction. Figure S shows the distribution of peak hour traffic at build-out and Figure 6 shows ADTs for the year 2015 in the vicinity of the site. TRAFFIC ANALYSIS Capacity and Level-of-Service Capacity at intersections is defined for each approach. Intersection approach capacity is the maximum rate of flow (for the subject approach) which may pass through the intersection under prevailing traffic, roadway, and signalization conditions. Capacity analysis for signalized intersections results in the computation of v/c ratios for individual movements within the intersection. Level of Service (LOS) describes the efficiency of traffic flow on a roadway system in terms of delay. Six levels of service are described as follows. ' BWE#:5SF6.511 D:\TRAFSTDY\SMITH129.WPD 9 i SMITH'S SITE DRIVEWAYS ~' N t. 0 N L 90 ~ ~- ~" 540 ~ F 520 40 J 319 ~ 298 "- CHERRY LN v o N ~l 36 1 h 1 0 i `° N t'~ 0 / I__L 0 ~ z ,~ , M N .~ j 79 Z t M ~ ~ ~° L 169 1- 482 ~ j 4 r 126 26 1 h * 1 ~ 248 "'~ o ,~ ~ 45 '3 o ~ If1 0 ~~ FIGURE 5= PM PK HR BUILD-OUT TRAFFIC W/ SITE i SMITH'S SITE DRIVEWAYS 10,180 12,150 CHERRY LN O O r- cp ~ ~ ~ ~ 0 0 ~ ~i FIGURE 6~ 2015 AVERAGE DAILY TRAFFIC W/ SITE 0 0 z_ ___I 14,550 16,910 J ~I J Level of Service A Light traffic on approach. Short stable queues existing during a red signal phase. Delay is less than 5.0 sec per vehicle at signalized intersections. Little or no delay minor Roads at unsignalized intersections. Level of Service B Moderate traffic on approach. Stable queues, little additional delay (5-15 sec) for signalized intersections. Short delay at unsignalized intersections. Level of Service C Moderately heavy traffic on approach, moderately long but stable queues, moderate but acceptable delay (15-25 sec) at signalized intersections. Average delays for unsignalized intersections. Level of Service D Heavy traffic on approaches, long unstable queues, and delays sometimes become excessive (25-40 sec) at signalized intersections. Long delay to minor Road traffic at unsignalized intersections. Level of Service E Heavy flow (capacity) on approach, long queues at signal suffering excessive delays (40-60 sec). Very long traffic delays at unsignalized intersections. Level of Service F Heavy congested traffic conditions results in delay exceeding 60 sec. More traffic demand than capacity. At unsignalized intersections, extreme delays and queues may cause congestion that affects both traffic movements in the intersection. In urbanized areas, the common minimum acceptable LOS at signalized intersections is "D." In Ada County design LOS is "C" though LOS "D" is accepted for certain intersections. Capacity analysis, as described in the Highway Capacity Manual3 was performed at the intersections of Linder Road/Cherry Lane for the existing (1995) and build-out (1996). ' BWE#:5SF6.511 D:\TRAFSTDY\SMITH 129. WPD 17 i 0 Background turning movements at the intersection was estimated by projecting the 1995 p.m. peak hour turning movements at an estimated growth rate of 3.0%. This growth rate is obtained from 1994 existing traffic counts and 2015 projected counts from the APA model. Site generated primary traffic is added to the background traffic to determine the projected traffic at build-out. Projected evening peak hour turning movement volumes at the intersection are enclosed in the Appendix A. Linder Road and Cherry Lane Intersection The existing year (1995) analysis show that the intersection is currently operating at a LOS "C" with an average intersection stopped delay of 19 seconds. The build-out (1996) analysis with the completed project show that the intersection with existing geometry will continue to operate at a LOS of "C" with an average intersection stopped delay of 20 seconds. The analysis assumes that the intersection geometry will remain the same. Detailed results of the capacity analysis are enclosed in the Appendix A. Capacity analysis is also performed at the site access locations. These intersections are treated as unsignalized intersections. The results of Capacity analysis are presented in Table 2. Site Access The preliminary site plan shows that the right-in right-out driveway on Linder Road is located at a distance of 350 ft from the nearest edge of Cherry Lane. This distance will meet the access location requirements stipulated by ACRD as described in the policy manual. ' BWE#:5SF6.511 D:\TRAFSTDY\SMITH 129.WPD 18 Table 2: Capacity Analysis Summary Intersection Existin Build-out LOS Delay LOS Delay Cherry Lane/Cinder Road C 19 C 20 .Cherry Lane/Driveway NA NA A <1 Linder Road/Driveway NA NA A <1 0 ii ii i ii The preliminary site plan shows that the right-in right-out and full access driveways on Cherry Lane are located at a distance of 340 ft and 530 ft respectively from the nearest edge of Linder Road. These distances will meet the access location requirements stipulated by ACHD as described in the policy manual. The site plan also show a full access driveway on North Castle Falls Avenue West of Linder Road. This driveway should be at least 50' away from the nearest edge of Linder Road to meet ACHD's requirement. IMPROVEMENT ANALYSIS Improvements to Accommodate Base Traffic Linder Road and Cherry Lane are completely built and developed adjacent to the site. No additional improvements other than those already planned are necessary to accommodate the base traffic. Improvements to Accommodate Site Traffic The site adds about 142 new peak hour trips to the intersection of Linder Road and Cherry Lane. This intersection is completely built and no additional improvements to the existing geometry are required to accommodate the site traffic. Changes however, should be made to the signal timing to accommodate the increase in traffic. At the right-in right-out site access on Cherry Lane a right turn lane of 100 ft length is warranted based on the turning traffic into the site. ' BWE#:5SF6.511 D:\TRAFSTDY\SM ITH 129. W PD 20 7 ' CONCLUSIONS AND RECOMMENDATIONS The following have been concluded from the Smith's Food and Drug Store #129 traffic impact ' analysis: ' The site will serve as a supermarket and will generate a total of 4,830 daily trips, 120 a.m. peak hour trips, and 389 p.m. peak hour trips. Fifty percent of this traffic is pass-by traffic ' which already exist and is not newly added to the adjacent roads. • About 16 % of the site traffic is directed north on Linder Road, 15% is directed south on ' Linder Road, 58% directed east on Cherry Lane, and 11% directed west on Cherry Lane. • Capacity analysis at build out show that with the intersection of Linder Road and Cherry ' Lane will continue to operate at a existing level-of--service of "C" with intersection delay of ~~ econds. ' Two driveways on Linder and Cherry Lane are proposed asfull-access and right-in right-out access driveways. Driveways on Cherry Lane are located at distances of 252 ft and 507 ft respectively from the intersection of Linder/Cherry Lane. Driveways on Linder Road are ' located at distances of 220 ft and 440 ft respectively from the intersection of Linder/Cherry Lane. These driveways should be stnped accordingly. ' The roadways will have adequate capacity to accommodate both the base traffic and the site traffic at the year 2015. • The intersection of Cherry Lane and Linder Road should continue to have same lane geometry but the signal timings should be changed to accommodate the additional site ' traffic. • At the right-in right-out access on Cherry Lane have a right turn lane of 100 foot length is warranted. • Full access driveway on North Castle Falls Avenue should be at least 50 feet away from near ' edge of Linder Road. ' With the above recommendation in place, the transportation system in the vicinity of the project will ' operate at prevailing conditions or better. BWE#:5SF6.511 D:\TRAFSTDY\SMITH 129.WPD 21 REFERENCES • "Trip Generation 5~' Edition," by Institute of Transportation Engineers, Washington D.C., 1985. • " 1993 Provisional Demographic Report for Northern Ada County, Idaho," by Ada Planning Association, Boise, Idaho, August 1993. • "Highway Capacity Manual, SR 209, "Transportation Research Board, Washington D.C., 1994 update. • "Intersection Channelization Design Guide, NCHRP Report 279," Transportation Research Board, National Research Council, Washington D.C., November 1985. BWE#:5SF6.511 D:\TRAFSTDY\SMITH 129.WPD 22 u ~~' APPENDIX A (Turning Movement and Capacity Analysis) w k,~.... 4 L~ ' TURNING MOV E M~'VT ;~ r a, ,- - I~ ~~ Pio~ecf Ma - ~~~ .~~ ~. Slafiu~ No. Dafe ~!' - - Mi/e Posf Hours ~' ~ ~' W6other` ~ . _.._- ~_ D. N.V. ^ A. D.T. ^ Ye~cr i_;~ ;~.~ Comfy i ~ ~: 1 ~~ North Point ~r ~;., Road , ,,~~~, ,L~ : . -.-Tn ,; ~~ . .~~1~ '~' J ~'-.> ,I I~j~ :- L/ \~ V C . ` ~ ~O .,\`~1 \~. Z~ ~~ `~ F ~~, <: ~.: ~ ^~ C Q ~ c\~- c\ ~~., \ '` ~Y ~ _ 4Y- . ~ y y v ~~ 'c c~ I ~ - J ~9 ~`~ ~ O ;h ~__ !i. 7 ~1~ ~,~,~ _~ ~~/ /` Rood l/~'~~y ,LN To /~/ ~ yf -~~ • -~- ~~ ~ -------------------------)-------------------------- ------------------------ INPUT WORKSHEET ntersection:LINDER & CHERRY LN Date:12/7/95 nalyst:PV TimePeriod Anlyzd:4:30-5:30 PMArea Type: CBD XOther Project No.LINCHR95.NCP City/State:1995 EXISTING COUNTS AND GEOMETRICS I (N) ~~~ NORTH CINDER N/S ST. [ 268] SB TOTAL < v > 38 142 88 1 1 1 12.0 12.0 ~ 12.0 RT TH LT < I > v 1-12.0'-LT---" 1-12.0'--TH---> DENTIFY IN DIAGRAM 1-12.0'-RTH--v> .Volumes ----------------- ~.Lanes,lane widths ~ ~3.Movements by lane "' 26 4.Parking locations - Bay storge ingths [ 327] -> 254 .Islands E/B TOTAL - 7.Bus stops v 47 ~'RAFFIC AND ROADWAY CONDITIONS 169 " 425 <- [ 720] -WB TOTAL 126 v <"--RTH-12.0'-1 <---TH--12.0'-1 v---LT-12.0'-1 < I > ----------------- LT TH RT CHERRY LN 12.0 ~ 12.0 E/W STREET 12.0 ~ 151 1 1 1 86 <"> 109 [ 346] N/B TOTAL Ap Grd. $ HV Adj.Pkg.Lane Buses PHF Cnf.Ped Pedstrn Button Arr.l r (~) Y/N Nm (Nb) (pd/hr) Y/N Mn.Time Typel B +0.0 2 0 N 0 0 0.90 200 Y 11 3 WB +0.0 2.0 N 0 0 0.90 200 Y 11 3 ~B +0.0 2.0 N 0 0 0.90 200 Y 17 3 ----------------------------------------------------------------------------- rade:+up,-down Nb:buses stopping/hr Min.Timing: min.green for :veh. > 4 whls PHF:peak-hour factor pedestrian crossing m:pkg.maneuvers/hr Cnf.Peds:Cnflctng peds/hr Arr.Type: Type 1-5 D I A ***** * oooo> <***** * oooo> <***** * * **> * * <+* v G voo VO o I R <oooo * <oooo * " A ***** *****> *****> <** *+> M + + v v Tim- G= 9.0 G= 8.0 G= 0.0 G= 26.0 G= 16.0 G= 21.0 G= 0.0 G= 0.0 ing Y+R= 4 Y+R= 4 Y+R= 4 Y+R= 4 Y+R= 4 Y+R= 4 Y+R= O Y+R= 0 -------- -------- -------- -------- -------- -------- -------- tmd/Act A A A A A A ----------------------------------------------------------------------------- Protected turns: ****" oooo ~ Permitted turns: ++++" ~ Cycle Length 100 Sec ---------------------------------------------------------------------------- BELL-WALKER ENGINEERS, INC., BOISE, ID, using NCAP -------------------------------------------------------- ntersection:LINDER & CHERRY LN Date:12/7/95 nalyst:PV TimePeriod Anlyzd:4:30-5:30 PMArea Type: CBD XOther Project No.LINCHR95.NCP City/State:1995 EXISTING COUNTS ___-------- LEVEL-OF-SERVICE WORKSHEET First Term Delay Second Term Delay Tot.Delay_& LOS E 3 4 5 6 7 8 9 10 11 12 13 UP v/c Green Cycle Delay Lane Delay Prgrsn Lane Gp Ln Apprch Apr Ratio Ratio Length di Group d2 Factor Delay Gp Delay LOS 1 2 X g/C C sec/veh Cap,c sec/veh PF sec/veh LOS sec/veh Tbl My ______ ______ _(sec) _______ ~vPh) ______= T=9=13 (6+8)*9 9=1 =_____= 9=1 A 0.180 0.090 100.0 31.99 161 0.06 1.00 32.05 D N 0.373 0.260 100.0 23.04 941 0.12 0.85 19.69 C 20.63 C A 0.373 0.210 100.0 25.73 375 0.30 1.00 26.03 D N 0.521 0.380 100.0 18.21 1330 0.31 0.85 15.74 C 17.471 C -- -- A ------ 0.336 - ----- 0.160 ------ 100.0 - ------ 28.34 - ---- 286 ------- 0.27 - ----- 1.00 - ------ 28.61 --- D ------- --- E 0.425 0.210 100.0 26.04 395 0.46 0.85 22.53 C 20.20 C P 0.185 0.460 100.0 12.11 653 0.02 0.85 10.31 B - -- A ------ 0.343 - ----- 0.160 ------ 100.0 - ------ 28.37 - ---- 286 ------- 0.29 - ----- 1.00 - ------ 28.66 --- D ------- -- E 0.400 0.210 100.0 25.89 395 0.37 0.85 22.32 C 23.30 C P 0.087 0.340 100.0 17.06 483 0.00 ------ -- 0.85 ----- -- 14.50 ------- B --- -------- ---- ---- nter ------- section ------- Delay -------- 19.58 ------ ------------ sec/veh, ------------- -- Intersect ---------- ion LOS ------- C ------- Table 9.1 -------------- ----- E --------------- GROUP DIAGRAMS-[*** = ------------- PROTCTD, --------- ++ ---- + = PERMTTD, ### ----------------- = PROTCTD & PERMTTD] --------------------- ---- A --- ---- E - N P * + + v v ------ BELL-WALKER ENGINEERS, INC., ---------------------------------- BOISE, ID, ---------- using ------- NCAP ------- --------------- ~I ------------------------------------------------------------------------------- INPUT WORKSHEET ntersection:LINDER & CHERRY LN Date:12/7/95 Analyst:PV TimePeriod Anlyzd:4:30-5:30 PMArea Type: CBD XOther roject No.LINCHR97.NCP City/State:BUILD-OUT VOLUMES W/ SITE AND GEOMETRICS (N) ~~~ NORTH [ 347] SB TOTAL < v > 38 159 150 CINDER 1 1 1 12.0 12.0 ~ 12.0 RT TH LT < I > v 1-12.0'-LT---" 1-12.0'--TH---> DENTIFY IN DIAGRAM 1-12.0'-RTH--v> .Volumes ----------------- .Lanes,lane widths 3.Movements by lane 26 Parking locations - ~5.Bay storge ingths [ 319] -> 248 6.Islands E/B TOTAL - LL7~.Bus stops v 45 IPRAFFIC AND ROADWAY CONDITIONS N/S ST. 169 " 482 <- [ 777] -WB TOTAL ~ 126 v <"--RTH-12.0'-1 <---TH--12.0'-1 v---LT-12.0'-1 LT TH RT CHERRY LN 12.0 ~ 12.0 E/W STREET 12.0 ~ 151 1 1 1 100 <"> 109 [ 360] N/B TOTAL Ap Grd. $ HV Adj.Pkg.Lane Buses PHF Cnf.Ped Pedstrn Button Arr. r (~) Y/N Nm (Nb) (pd/hr) Y/N Mn.Time Type EB +0.0 2.0 N 0 0 0.90 200 Y 11 3 B +0.0 2.0 N 0 0 0.90 200 Y 11 3 B +0.0 2.0 N 0 0 0.90 200 Y 17 3 SB +0.0 2.0 N 0 0 0.90 200 Y 17 3 ----------------- rade:+up,-down ----- --------- Nb:buses ----------------- stopping/hr -------- Min.Ti --------------- ming: min.green ------ for :veh. > 4 whls PHF:peak-hour factor pedestrian crossing Nm:pkg.maneuvers/ hr Cnf.Peds:Cnflctng peds/hr Arr.Type: Type 1-5 ING D I A ***** * oooo> + <***** * oooo> <***** * * **> * * <+* v G v oo v o o " R <oooo * <oooo A ***** *****> *****> <** *+> M + + V V ----- -------- -------- -------- -------- -------- -------- -------- -------- Tim- G= 9.0 G= 8.0 G= 0.0 G= 26.0 G= 16.0 G= 21.0 G= 0.0 G= 0.0 ing Y+R=---4 Y+R=---4 Y+R=---4 Y+R=---4 Y+R=---4 Y+R=---4 Y+R=---O Y+R= 0 -------- Ptmd/Act A A A A A A Protected turns: ****" oooo" ~ Permitted turns ++++" ~ Cycle Length 100 Sec ~ BELL-WALKER ENGINEERS, INC., BOISE, ID, using NCAP ntersection:LINDER & CHERRY LN Date:12/7/95 nalyst:PV TimePeriod Anlyzd:4:30-5:30 PMArea Type: CBD XOther Project No.LINCHR97.NCP City/State:BUILD-OUT VOLUMES W/ SITE LEVEL-OF-SERVICE_WORKSHEET First Term Delay Second Term Delay Tot.Delay_& LOS E 3 4 5 6 7 8 9 10 11 12 13 UP v/c Green Cycle Delay Lane Delay Prgrsn Lane Gp Ln Apprch Apr Ratio Ratio Length di Group d2 Factor Delay Gp Delay LOS 1 2 X g/C C sec/veh Cap,c sec/veh PF sec/veh LOS sec/veh Tbl My ______ ______ _(sec) ______= C~h, ______= T=9_13 (6+8)*9 9=1 =_____= 9=1 A 0.180 0.090 100.0 31.99 161 0.06 1.00 32.05 D N 0.363 0.260 100.0 22.98 941 0.11 0.85 -1963 C 20.60 C A 0.373 0.210 100.0 25.73 375 0.30 1.00 26.03 D N 0.568 0.380 100.0 18.63 1339 0.43 0.85 16.20 C 17.731 C -- - - A ------ 0.388 - ----- 0.160 ------ 100.0 - ------ 28.59 -- --- 286 ------- 0.46 - ----- 1.00 - ------ 29.05 --- D ------- --- E 0.425 0.210 100.0 26.04 395 0.46 0.85 22.53 C 20.64 C P 0.185 0.460 100.0 12.11 653 0.02 0.85 10.31 B -- A ------ 0.584 - ----- 0.160 ------ 100.0 - ------ 29.58 -- --- 286 ------- 2.22 - ----- 1.00 - ------ 31.80 --- D ------- --- E 0.448 0.210 100.0 26.18 395 0.56 0.85 22.73 C 25.76 D P 0.087 0.340 100.0 17.06 483 0.00 - -- 0.85 ----- -- 14.50 ------- B --- -------- ---- ---- nter -------- section ----- Delay --------- 20.32 ------------- sec/veh, ------ Intersection LOS -------- C ------- Table 9.1 -------------- -- --- E ---------------------- GROUP DIAGRAMS-[*** = ----------------- -------- PROTCTD, --------- ----- +++ ----- -------- = PERMTTD, ### ---------------- = PROTCTD & PERMTTD] --------------------- - A --- --- - E N P * + + v v --- --- BELL-WALKER ENGINEERS, INC., BOISE, ID, -------------------------------------------- using ------- NCAP ------- --------------- ~~ ' Center For Microcomputers In Transportation HCS: Unsignalized Intersection Release 2.1 Page 1 File Name ................ LINDRWI5.HC0 Streets: (N-S) CINDER ROAD (E-W) DRIVEWAY Major Street Direction.... NS Length of Time Analyzed... 60 (min) Analyst....... .......... PV ' Date of Analysis.......... 12/12/95 Other Information......... 2015 VOLUMES WITH SMITHS STORE Two_way_Sto~ No. Lanes Stop/Yield Volumes PHF Grade MC's (~) ' SU/RV's (~) CV's (~) PCE's ~-controlled Int Northbound L T R 1 1 0 N 38 605 .95 .95 0 0 0 0 0 0 0 1.1 1.1 :errection Southbound L T R 0 1< 0 N 464 36 .95 .95 0 0 0 0 0 0 0 1.1 1.1 Eastbound L T R 1 0 1 36 26 .95 .95 0 0 0 0 0 0 0 1.1 1.1 Westbound L T R 0 0 0 0 !~:J Adjustment Factors Vehicle Maneuver Critical Ga t --P-( g)------ Follow-up Time (tf) -------------- -------------------------------- Left Turn Major Road ------ 5.00 2.10 Right Turn Minor Road 5.50 2.60 Through Traffic Minor Road 6.00 3.30 Left Turn Minor Road 6.50 3.40 u Center For Microcomputers In Transportation HCS: Unsignalized Intersection Release 2.1 Page 2 **************************************************************** ---------- Worksheet-for TWSC-Intersection-------------- Step 1: RT from Minor Street Conflicting Flows: (vph) Potential Capacity: (pcph) Movement Capacity: (pcph) Prob. of Queue-free State: WB 482 789 789 0.96 EB -------------------------------------------------------- Step 2: LT from Major Street SB NB -------------------------------------------------------- Conflicting Flows: (vph) 500 Potential Capacity: (pcph) 990 Movement Capacity: (pcph) 990 ' Prob. of Queue-free State: 0.96 ' Step 4: LT from Minor Street WB EB Conflicting Flows: (vph) 1125 Potential Capacity: (pcph) 236 ' Major LT, Minor TH Impedance Factor: 0.96 Adjusted Impedance Factor: 0.96 ' Capacity Adjustment Factor due to Impeding Movements 0.96 Movement Capacity: (pcph) 226 C Center For Microcomputers In Transportation HCS: Unsignalized Intersection Release 2.1 Page 3 ' Intersection Performance Summary F1owRate MoveCap SharedCap Avg.Total Delay ' Movement v(pcph) Cm(pcph) Csh(pcph) ----- ------ ____________ LOS Delay ------ B Y PP --------- -------- EB L ------ - 42 226 19.6 C 30 789 7 A 4 13.3 EB R . NB L 44 990 3.8 A 0.2 ' Intersection Delay = 0.8 Center For Microcomputers In Transportation HCS: Unsignalized Intersection Release 2.1 Page 1 **************************************************************** f File Name ................ Streets: (N-S) DRIVEWAY CHRDRWI5.HC0 (E-W) CHERRY LANE Major Street Direction.... EW ' Length of Time Analyzed... 60 (min) Analyst....... .......... PV Date of Analysis.......... 12/12/95 ' Other Information......... 2015 VOLUMES WITH SMITHS STORE Two-way Stop-controlled Intersection ' Eastbound Westbound Northbound Southbound L T R L T R L T R L T R ' No. Lanes Stop/Yield Volumes PHF Grade MC's (~) SU/RV's ($) ' CV's (~) PCE's 1 1 0~' N 40 561 .95 .95 0 0 0 0 0 0 1.1 1.1 0 1< 0 N 983 0 .95 .95 0 0 0 0 0 0 1.1 1.1 0 0 0 0 1 0 1 21 19 .95 .95 0 0 0 0 0 0 0 1.1 ------- 1.1 --------- ' Adjustment Factors Vehicle Critical Follow-up ' Maneuver ---------------- Gap (tg) ---- -------- Time (tf) --- ------- Left Turn Major Road 5.00 2.10 Right Turn Minor Road 5.50 2.60 ' Through Traffic Minor Road 6.00 3.30 Left Turn Minor Road 6.50 3.40 C' L ' Center For Microcomputers In Transportation HCS: Unsignalized Intersection Release 2.1 Page 2 ' for TWSC- Worksheet Intersection------ -------- - ---------- Step 1: RT from Minor Street NB SB ' ----- ------------------- ----- Conflicting Flows: (vph) 983 Potential Capacity: (pcph) 440 Movement Capacity: (pcph) 440 Prob. of Queue-free State: ----------- ------------------- 0.95 -------- ------------------ Step-2t-LT-from Major-Street- ----------- WB----- ------EB Conflicting Flows: (vph) 983 Potential Capacity: (pcph) 583 ' Movement Capacity: (pcph) 583 Prob. of Queue-free State: -------------- ------------------- 0.92 -------- ' --------------- Step 4: LT-from Minor-Street- ------------NB--- SB Conflicting Flows: (vph) 1584 Potential Capacity: (pcph) 128 ' Major LT, Minor TH Impedance Factor: 0.92 Adjusted Impedance Factor: 0.92 Capacity Adjustment Factor ' due to Impeding Movements 0.92 Movement Capacity: (pcph) 118 ' Center For Microcomputers In Transportation HCS: Unsignalized Intersection Release 2.1 Page 3 ' Intersection Performance Summary _ F1owRate MoveCap SharedCap Avg.Total Delay 'Movement v(pcph) Cm(pcph) Csh(pcph) ---- --- ------ Delay ------------ LOS ------ B A __Y PP ------ -------- SB L -- --- 24 118 38.3 E 24.2 SB R 22 440 8.6 B ' EB L 46 583 6.7 B 0.4 Intersection Delay = 0.8 UNCONTROLLED INTERSECTIONS 1 D I 1 1 I I 1 MAJl1R STREET Dods of Curb Eltlpt oP Psvow•tlt I ~° 1 I 1 I I 1 1 n U Ci %'ll rc~ %~ C 1 F --~ I 1 1 1 1 I 1 E ~ ~ AISED MEDIAN G A I~t 1 1 1 '~ 1~1 t I ~ ~ 1 1 1 ~ 1 1 1 to 1 Li.l 1 t7 I ~ 1 ~ I t~ 1 U 1 N 1 1 1 H - - ' - B ~i Street Type Driveway Spacing on Driveway Spacing on Driveway Spacing on ' Arterial Streets (Feet) Collectors Streets (Feet) Local Streets (Feet) Design Type Downstream Driveway Locauon With Raised Median • right-in/right-out (A) 150 110 Not Applicable • full access (B) 220 150 Downsveam Driveway Location Without Raised Median • right-wri¢ht-out (C) 150 110 Not Applicable • full access (D) 220 150 Upstream Driveway Locaton With Raised Median • right-Wright-0ut (E) 150 110 50 • full access (~ 220 150 50 Upstream Driveway Locanon Without Raised Median • right-iNriaht-0ut (G) 150 110 50 • full access (H) 220 150 50 Notes: All distances are measured from near edge of roadway to near edge of driveway. Arterial roadway driveway spacing assumes three traffic signals per mile, two full access driveways between successive signals, and one restricted driveway between successive full access driveways. Collector roadway driveway spacing assumes traffic signals only with arterial roadways. Local roadway driveway spacing assumes no traffic signals. All spacing requirements subject to Section 7207.8 of the Development Policy Manual. 72-F4 (2 ) 1 1 1 1 I I 1 I 1 J I 1 I 1 1 1 ~! 1 1 F D 1 1 I 1 I 1 I 1 t 1 I I I I _ 1 ' C - E ' 1 I I I ~~q~yoy~•+'-~T~n = _ = s s s ~ AISED MAJOR STREET MEDIAN I~ ~~ I 1 I I I t -~i Street Type Driveway Spacing on Driveway Spacing on Driveway Spacing oa Arterial Streets (Feet) Collectors Streets (Feet' Local Strnts (Feet) Design Type Downsveam Drivewav Location With Raised Median • righ[-in/right-out (A) 220 175 Not Applicable • full access (B) 440 17S Downsveam Driveway Location Without Raised Median • ri¢ht-in/right-0ut (C) 220 175 Not Applicable • full access (D) 440 175 Upsveam Driveway Location With Raised Median • right-in/right-out (E) 330 SS 50 • full access (17 440 175 SO Upsveam Driveway Location Without Raised Median • right-in/right-0ut (G) 330 17S SO • full access (H) 440 175 SO Notes: All distances are measured from near edge of roadway to near edge of driveway.. Arterial roadway driveway spacing assumes three traffic signals per mile, two full access driveways between successive signals, and one restricted driveway between successive full access driveways. Collector roadway driveway spacing assumes ' traffic signals only with arterial roadways. Local roadway driveway spacing assumes no traffic signals. ' All spacing requirements subiect to Section 7207.8 of the Development Policy Manual. ltodc of CWo ~ ~ A Edp• of Povnent ' 1 1 I I I ~ N ~ W I I to ~ W 1 t7 I ~ I ~ t F- ~ U ~ N 1 H ,_ g ,- CONTROLLED INTERSECTIONS ~iqure 4 72-F4 (1)