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Econo Lube N' Tune AZ
WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, 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" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CI7~~Y OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: _September 2, 1997 TRANSMITTAL DATE: 8/20/97 HEARING DATE: 9/9/97 REQUEST: Annexation and Zoning of 8.5 acres to C-G and R-2 BY: Econo Lube N' Tune Inc. LOCATION OF PROPERTY OR PROJECT: East of Locust Grove, South Side of E Fairview JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z KEITH BORUP, 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 BUII,DING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: AUG 2 0 1997 CnY 0f ~~~ CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 :Fax: (208) 887-4813 APPLICATION FOR AN .xa'rTnTV au ZONING OR REZONE PROPOSED NAME OF SUBDIVISION: ~~ CUBE SUBDIVISION GENERAL LOCATION: EAST OF LOC[JST GROVE, SOUTH SIDE E. FAIRVIEW LEGAL DESCRIPTION (ATTACH IF LEI`I;;THY): SEE ATTACH® OWNER(S) OF RECORD: LAWRENCE R. AND IRIS E. TUCKNESS PHONE: 888-2077 ADDRESS: 1915 E. FAIRVIEW AVENUE MERIDIAN, ID 83642 ECONO CUBE N' TUNE, INC. APPLICANT: C/O PATRICK MCF~.EX~AN, ARCHITECT PHONE: 322-3486 ADDRESS: _ 218 S. COLE ROAD. BOISE ID 33709 FAx• ~- g7 JOE CANNING ENGINEER, SURVEYOR, OR PLANNER: B & A ENGII~tS PHONE: 343-3381 ADDRESS: 5505 W. FRANKLIN ROAD, BOISE, ID 83705 FAX: 342-5792 TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): C~/~~~l~L ACRES OF LAND IN PROPOSED ANNEXATION: 8.528 PRESENT LAND USE: AC~RTC'fTT.'PfTT?AT.~ GThT(_T.T: 1r niuTTV ~TG'T.r.TTj(s PROPOSED LAND USE: ~~~ (~R'I'H 2.2 ACRES) AGRICULTURAL (SOUTH ACRES) PRESENT ZONING DISTRICT: ADA ~~ ~/T PROPOSED ZONING DISTRICT: - c-G / R2 / / ~ ~~~- 'Signature Applicant • • Annexation/Subdivision/Conditional Use Narrative Econo Lube N' Tune/Schucks 1915 E. Fairview Avenue, Meridian, Idaho This narrative is being provided as required for the annexation, subdivision and conditional use applications on the referenced property. All three applications are being submitted concurrently, and it is assumed they will be reviewed and publicly heard at the same time. The narrative is arranged in the anticipated chronological order of approval. A Annexation/Rezone Request Applicant: Patrick McKeegan Architects on behalf of Econo Lube N' Tune, Inc. 218 S. Cole Road Boise, ID 83709 208.322.3486 208.322.3487 fax 2 Property Owner: Lawrence R. And Lois E. Tuckness 1915 E. Fairview Avenue Meridian, ID 83642 Copy of the deed is attached. 3 Attached are notarized Affidavits giving the applicant permission to apply for the Annexation/Rezone, Subdivision and Conditional Use. 4 Attached are legal descriptions for the following: a Econo Lube Subdivision -Boundary Description b Econo Lube Subdivision -Annexation Description, Entire Property c Econo Lube Subdivision -Annexation Description, Commercial Zone d Econo Lube Subdivision -Annexation Description, Residential Zone e Econo Lube Subdivision -South One-half of Wilson Lane Also included is the legal survey indicating the requested ROW, easements, etc. 5 The land is currently used as a single family residence for the Owners with numerous out buildings and corrals. The south portion is used as active pasture. The land is zoned R/T in Ada County. 6 The proposed land use is in three categories. a The first is the north 2.576 acre portion which will be split off of the existing parcel and subdivided into four lots as the Econo Lube Subdivision. These lots will be zoned C-G to allow the proposed uses. Econo Lube N' tune will occupy the northeast lot with an automotive lubrication and tune-up facility of approximately 2,800 square feet. Schucks will occupy the north east lot with an automotive parts supply facility of approximately 8,000 square feet. The south two parcels will be sold for commercial use. b The second parcel will be the 5.951 south portion which will be zoned R2. It is the owners intentions to place the property for sale as one parcel with future development as a residential PUD or further subdivision the responsibility of the buyer. c The third portion is right of way that will be dedicated to the Ada County Highway District for extension of Wilson Lane. One-half of the 60 foot ROW will come from each of the parcels designated above.. The road will align and extend Wilson Lane from the west. Public utilities will also be extended in this ROW. 7 Present zoning is Ada County R/T (rural transition). 8 The proposed zoning districts are C-G for the northern portion and R2 for the south portion. The zoning would be divided at the center line of Wilson Lane. 9 The northern portion of the property is bordered on the west by D & B Supply and zoned C-G. Our project would be a logical extension of that zoning. Fairview Avenue has commercial development east.and west of the property on both sides of the street. The Meridian comprehensive plan identifies this property as future commercial development. The parcel's direct access to Fairview Avenue will minimize traffic on Wilson Lane. The southern portion is bordered by vacant land and residential uses. It is anticipated that this use will be continued on this parcel. -The property will be setback approximately 500 feet from Fairview Avenue and buffered by the commercial uses. Access to the parcel will be from Wilson Lane from Locust Grove. 2 B 10 See statement 9. 11 The proposed zoning and uses are in compliance with the Comprehensive Plan which has the area designated as mixed use development with office, light industrial, commercial and residential as a transitional use. 12 Attached is one map at 1:100 scale designating the descriptions contained in item 4. 13 Attached are thirty copies of the 1:300 vicinity map. 14 Attached is a list of the property owners within 300 feet of the property boundaries from the Ada County Assessors office. 15 Attached is a check in the amount of $559:14 for the following: Fee: 9acx$15 17 notices x 1.43 $400.00 plus 135.00 plus 24.14 16 Attached is an affidavit that I, Patrick McKeegan, Architect, will post the property 1 week before the public hearings the Official notices available at City Hall. 17 Attached is an affidavit stating that I have read the contents of the application and verify that the information contained therein is true and correct. Subdivision Application for Econo Lube Subdivision A pre-application meeting was held between Joe Canning, B & A Engineering and Shari Stites, Planning and Zoning Director. 2 Attached are 30 copies of the application form. 3 Attached are the property deeds and an affidavit from the property owners consenting to subdivision application. 4 ~. Correspondence concerning this application should be directed to: Applicant: Patrick McKeegan Architects on behalf of Econo Lube N' Tune, Inc. 3 218 S. Cole Road Boise, ID 83709 208.322.3486 208.322:3487 fax Correspondence concerning billings should be directed to: Gary Hepburn, Project Manager Econo Lube N' Tune 4911 Birch Street Newport Beach CA 92660 5 See A.4 above: 6 Attached are 30 copies of the preliminary plat. 7 A variance m~ be required to allow the extension of Wilson Lane as a stub street. This determination will be made by the Planning and Zoning staff during review. 8 See A.6, 9, 10 & 11 above. 9 Attached is a 1:100 plan indicating the parcel from which the Subdivision is being divided. 10 Attached are 30 copies of the Ada County Assessors maps showing zoning within'/z mile of the property. 11 Attached are 30 copies of the 1:300 vicinity map. 12 Traffic impacts on Fairview Avenue will be negligible. Econo Lube is open from 7:30 am to 6:00 pm and services approximately 40 automobiles per day. Schucks is open from 8:00 am to 9:00 pm and serves approximately customers per day. The two uses will share one access point from Fairview. Cross access will be provided to D & B supply and the two south lots. Wilson Lane should not be significantly impacted due to the small size of the lots. It is anticipated that the property will develop with less intensive uses that are destination orientated rather than high volume retail. Cross access will be provided with the north two lots. The planning department has indicated that Wilson Lane is scheduled to be extended further to the east to connect with Eagle Road. 4 • 13 Attached are 4 sets of conceptual engineering plans. 14 Attached is a check in the amount of $321.93 for the following: Fee 4 lots $300.00 plus Mailing fee 17 x $1.29 21.93 15 Attached is a copy of the proposed restrictive covenants. 16 Attached is applicable ground water information from the soils report. A full report will be provided when we receive it. Delivery has been delayed because of the UPS strike affecting over-night delivery services. 17 Other information will be furnished as requested. C Conditional Use Application 1 See Item A.1 above. 2 See Item A.2 above. 3 See Item A.4 above. 4 See Item A.2 above. 5 See Item A.5 above. 6 See Item A.5 above. 7 See Item A.6 above. 8 See Item A.7 above. 9 Thirty copies of the 1:300 vicinity map are attached. 10 See Item A.9, 10 & 11 above. 11 Attached is a listing of all property owners within 300 feet of the property boundary. 12 Attached is a check in the amount of $299.14 for the following: Fee $275.00 plus 5 • Mailing 17 x 1.42 24.14 1 ~ Attached is a statement that the applicant agrees to pay any additional sewer, water of trash fees of charge, is any, associated with the use. 14 See Item A.17 above. 15 See Item A.16 above. END Affidavit I, Patrick McKeegan, Architect representing Econo Lube N' Tune hereby state that I have read the contents of the Annexation, Subdivision and Conditional Use Applications and verify that the information contained therein is true and correct to the best of my knowledge. I further state that I will obtain and post Official notices of pubic hearings on the property no later than one week prior to those hearings. Signed: / ~~~~ ~ ~ ~ ~ Patrick McKeegan Date w 6 ~~I lid, l+l,,l'r+;., ~ .--; ~-+ ~'~'~ a ~~-'=~1 } .w ,.,,~ AFF~.~YT t~F ~.LG1~. ~T~R~ .~ ~'ATi~ QF IQ ~, :DUN1Y +l'3F ADA j P.1%~P. a2 ~ 1 { 5 ~~ ~ ~ ~ a-ddreaa) ,( (nazae) ~~ . ~~ c ~~'~ ~NL' r2 2 being firtat duly sworn upac- S ~ ~~ . ~ 4 . ~Sa 12 r 1 J ~J ~ Qa~~ depose and say. lofty) , (a3tstel 3 Z 1 ~ That i ~-m the of the property described on my perlmieston to . ~ - _^ ~~ . ,~• (address] •-- - - to eubmtt the accompanyir-g application pertaining to that property. 2. l agree'to indemnify. defend and hol and 1~o the 9ltatemottts contained any ci~,im ar liabtlsty resulttttg irons puny dispute as herein pr as to the ownership of the property which is the subject olthe appiicatton. ~`` 7~6v~T , i9 Dated txtis ~~ ,. ,_•day of ~. ~ ~- ~ ~NL ~ ~ ' (Signature) Sti1BSC1~l1~~D AND S1iVORN to befora me the day and year flrak above wrlkken. OFpIC1A1. GEr.~ w BP'Y~ 1. M~AR~TI"~~ aor~-covtrr~r ~ ~~, ~I.rrtr,t,n Notary P tic for I~er~ifl f~a~o~a- Residing at -M~p~ Cou~-~M . My Commi9sion Expires: a -' q -a ~ Post-ItTM brand fax transmittal memo 7671 llotpaq~a - ~ . ~+~ ~'~IDAV1T OF 4EQAL IIVTEItEST FATE OF IDAHO COUNTY OF ADA se I, L~-,nee ~.~c ~. 2 . ~f ti~u „~ ~ S S _ ~~1 ~ ~ ~ ~Z~i ~.~v . (namC) (address) --- being flr~et duly sworn upon r ~~ ~ n ~ A~ay `-~~~ oat1~. do asc and sa P Y (city) (state) ~`~~J ~. /~~ ~l/~wl~l~L~j /17,~1/~~-~-~ 8 3~~ 1, That I am the record owner of tl~e property described o[i llie attached, and 1 grant my permission to (name) (address) • to subz~~it tl~e accompanying application pertaining to lt~at property. e/7Y c1~ ,f9F~/~'~~"' . 2. i agree to indemnify. defend and holci~~and ft's c~nplayees Harmless from any claim or liability rc~ulting trorr- arty dispute as to tl~c stntemenis contained herein or as to tl~e ownership of tl~e property wlitch is ttie subject of the application. Hated this r day of _ f.~ , 19 9 ? _, ,i;{•r,~ ~'~ ¢'i ~•~ w~'.. ~i ^y ~,~ (Signature) r 4.i1• SUB,SCWE3ED AND SWOi2N to before me the day and year first above written. . .. ~.,.~`~o ` Q• . :.:: ~ ~'• = ~ ~ , *: G ° ~ Notary Public for Idaho . p . 1. .r A` '; .3 F3 ~ h . Residing at Me r ~o~-~.C~~.~r + y Jr .' ; ~rF•.~ F ~~ '~', ~ MyCominission Expires: _L:L~a ~~~ o~ ~ •''~~~N.u.oN~~"' :. x,:: ~` .,, ~ .l? ~V -r~5%fRrnt=Aia~':)~Iq" t r.~rt a~.-^r SL S :~ -. _ ":;. -. ~1 ~' DEED " ~~.~•~.~ ,u, l1J,...~,~,p.-rn. ~..,.. nws TFii3 IIvDEiVT[JRE,~3tade this 9th' d'sy t ~:Ootober I j .:~ .. ~ ~ { in ilia q~ryof our Lord-,one thouasnd nine hundred acd `-- Fifty-one ,between ~ t „ ~~ I,.u'P1I3aC. FRErR and RL*B° pl. F'??~R, husband and xife ~ ~:~ ~~r- ~~ - `' State of Idaho _ I ~„„~ s o! Mountain, Home Connty of _: Elmore .. ,. _ _. _ . ... _ _. f $ `~~~ the parties. "J o! the first part, and LAWRENCE R. TUCIINE33-sad LOIS ESTRER l.i + tr .. ~ ~ . .~ ~ •q+gC~t'ES3,:.husband and xife ~; ~" ` .µ 'State of Idaho t of Meridian ,County of Ada + ~ - ~ ~~ !, tho partie3 of the second part. l~. ' r u, , WpPNESSLrTH, That the said part lea of the first part, for and is consideration of the stun of Ten and no/100 (10.00) - - - - - - - - - - - - - - M'LLAR3, ~' !i I'~ ,i lawtul money of the United Staten of Amertca, and other good and valuable i ~ oonaideration to them ~ hand P~ b3'the said ' i i:, ;': j part.l8 e, oP the second p>:rt, the receipt whereof is hereby acknowledged, ha ve grouted, barSained I .' ~ - and sold, and by these presents do grant, bargain, sell, convey and confirm unto the said part ie s t ~ `~ of the seeiond part, and to their heirs sad assigns forever, all of the following described real estate, ; , ! ~ situated in the ,County of Ada ,State of Idaho, to-avit: I ;~i . - ,~. The west-246.65 feet of Lot 7 of Pleas ant 'Valley •• "Subaivision, in the West half of Section 8, Toenship ~ ` 3 North, Rang© 1 East of the Boise Meridian, being ~; more particularly described as folloxs: ~~ '•'~ in t i in at'•the Northwest corner ,, ft ;; ;: i ti i Beginn g a esl ron p of said Lot 7, thence North 88°55t.East along the North side of said Lot' 7 's distance of`.246.65~ feet to sn iron pin; thence South 0°41~ East":`and parallel` to the ~iKeet aide ~f said Lot 7 s distance of 1556.90 Seat to an iron. pin on the northerly bank oS s:drs3n ditch; thence North 66°28t West along the Ndrtherly bank of a drain ditch 270.45 Pest to an .iron pin,.thence North 0°41- West along the VlFest side of 'said; Lot 7 a distance of 1'4'44.07 feet to the point of beginning. '!'O('ETHER, With all and singular the tenements. hereditaments and appurteaaaces thereunto belonging or in aaywlse appettaiaing. the reversion and reversions, remainder and remainders, rests issues and profits thereof; and all estate, right, title and Interest in sad to the acid property, as well in law as in equity, of the said part of the first part. . TO I3~1t'E Ati`D TO HOLD, Ali and singular the above mentioned cad d~ibed pranise'. together with the appmrtenances, unto the part of the second part. and to heirs and assigns lorever and the said part of the first part, and... heirs, the said premises is the quiet sad peaceable poasessioa of the said part ~ of the second part, heirs sad asaigna, against the said part of the first pact. and heirs,-and against all sad every person sad poreona whomsoever, lawfully claiming or to claim the same sb~il and will WARRANT and by these presents forever DP~'i~TD. --- _ __ __ i.! >,. y. 4, _ . ski ; ..qq~~ y ~~'''' ,~,,,jj,,,, ,~ ..r i ~ ~` ' ~ ~ ~2 ~ '~ ~ r'« 7~ ~~ ~ q. .v • ,y YrSil' ~ ~ ~ 'y' .Zct~V71C~ .wr+/7.SIM. .arm .yw, ~.e+~e.-ta ~` : :..r ..-s- r"`~. ^-"i... Y ., < a/ &d .. . _ r .1, ~ ~ ) A ~ ~ M ~ •t 3. IA J 1 1 . ~ . •~•1• 'S' ~"C ~f ~l~QQ r T' ~' z~WARRANTY.DE~D~.. , ~ •. ~~ ,, t:~ -' .: 'r~r. ~ t r4 ~~' 'r N .. ......~ ~S1'~ •a.. ~ •.~..- M ~~' C r.. ,'. ~ { ~ ~~/ ''__J '1 ......... ...... .... ~ ' ' r ,.......... .., To- ', ~ .1 i i ~ i Dated....:..:... ............... ~~_•' 1 R '------ a r ~ ~'_ ) + ~ .STATE OF .IDAHO ~ ' ,... ~" ^ i. it .' .. !}fe. ~~M 1nst,~t ,.es nua } r ms ~ ! r nenbs ~~~"`t / at..._._.. t _.:...... } ... V ...w .....».... A. D. 19 ~~+- ' ...r. ~~ . ~ .... ~. ~_...r..w.uw...w.. y lII $001 .................. ~ ; !n mq office ~ aad dul recorded _ " , ` at page .................. . u4,.......~. ......._.........._ L : < ,/ t~ ` J d Jam- ........... o da ~ •Ft `~ ., r c ec ~yC~OHictc ,. '~' ; . i .... r ..... '. Y ..........». 4 $ I .._ ...............«.. r ............,L~.w.....' >xr~tr -~ ',. ~ ... .. ..........._. . . . Feea..E..~ f ~ 1 ,li i+r ...._.. ~ W~ w,tt , t • ~~t n •~ IOn•O ~!,!xltnnl. aytled6 ,1~ .~ .-. .. ............ . .. _.... \ ~~~ ~'FLa~'V'~T Qr' ~.~GAL Y,~riTi~~ST S'K'ATE OF' IDAHO ss BOUNTY OF ADA l 1 • (name) (address) `rG ~ ~~ ~ ~ of c ~,~__ ~~~ belt~d ~t scuand ~Y upon ..(city} istate) F , id 9 1~,~ec~s,~ /~'~5 W, ~i~ U~~~ ~Y~'~ ~9,6G/~istn~.~ 8 ~loq'~ 1 ~ That I am the ~,~'iof the property described an the attached, and 1 grant my permission to . (narnc} (~.ddreea) to submit the accampanyiag appltcatfoh perkaining to that property. ~y ~~ ,ham . 2. T agree to indemnify. defend and hold~~and it's employees harmless frrom any claim ar liabtiity resulting from any dispute as to the statements contained hQratn or zn to the ownership of the PrnrPrty which is the su~ect Of Lhe appllCatiOA~ Dated this , ,~ day of '~` , 18 ~7 ~ _,_,,. SU1dSCRia)~A AND S~YpI2N to bcfora me the day and year first about wrlttcn, ~vnr- aFacH Commlalon #1038296 Notary publb ,. CaRt~otNp ORIWG~ COUNiY MY Comm. Explros AUG 0.199p '~' '~ r' ;~.,~. Atotary P lit for LGi f t ''N tatr ~tesiding at MyCommtssion Expires: ~/~--' ~~ 8 acv v~ . CAS? ~. ~I ~ ~ d~ ~INi. 5505 W. Franklin Road•Boise, Idaho 83705-1055 t~~ ~ Econo Lube Subdivision Boundary Description A portion of the northwest quarter of the northwest quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest comer of said Section 8, which lies N89°59'16"W, 2,652.63 feet from the north quarter comer of said Section 8; thence S89°59'16"E, 1,037.55 feet along the northerly boundary of said Section 8 to the northerly extension of the westerly boundary of Lot 7 of Pleasant Valley Subdivision, as shown on the official plat thereof on file in the office of the Ada County Recorder; thence S00°19'14"W, 36.51 feet along the westerly boundary extended and the westerly boundary of said Lot 7 to the southerly right-of-way of Fairview Avenue, which is the Rea/ Point of Beginning.• Thence S89°32'56"E, 246.65 feet along the northerly right-of-way of Fairview Avenue; Thence S00°19'14"W, 416.60 feet along a line parallel to the westerly boundary of said Lot 7 to the centerline extended of Wilson Lane; Thence N89°59'16"W, 246.65 feet along the centerline extended of Wilson Lane along a line parallel to the northerly boundary of said Section 8 to the westerly boundary of said Lot 7; Thence N00°19' 14"E, 418.49 feet along the westerly boundary of said Lot 7 to the Real Point of Beginning. Comprising 2.364 acres, more or less. Prepared By.' Joseph D. Canning, LS 4116 Date.' August 13, -1997 .~ ~~ ~ ~i. ~I ~ ~luY. 5505 W. Franklin Road • Boise, Idaho 83705-1055 Econo Lube Subdivision Annexation Description Commercial Zone A portion of the northwest quarter of the northwest quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest comer of said Section 8, which lies N89°59'16"W, 2,652.63 feet ftom the north quarter corner of said Section 8; thence S89°59'16"E, 1,037.55 feet along the northerly boundary of said Section 8 to the northerly extension of the westerly boundary of Lot 7 of Pleasant Valley Subdivision, as shown on the official plat thereof on file in the office of the Ada County Recorder, which is the Rea/ Point o1 Beginning.• Thence continuing S89°59'16"E, 246.65 feet along the northerly boundary of said Section 8; Thence S00°19'14"W, 455.00 feet along aline parallel to the westerly boundary of said Lot 7 to the centerline extended of Wilson Lane; Thence N89°59'16"W, 246.65 feet along the centerline extended of ~Ison Lane along a line parallel to the northerly boundary of said Section 8 to the westerly boundary of said Lot 7; Thence N00°19'14"E, 455.00 feet along the westerly boundary of said Lot 7 to the Rea/ Point of Beginning. Comprising 2.576 acres, more or less. Prepared By.• Joseph D. Canning, LS 4116 Date: August 13, 1997 ~v ~f ~. C~ ~. (~ ~ ~ trlZfY. 5505 W. Franklin Road • Boise, Idaho 83705-1055 Econo Lube Subdivision Annexation Description Entire Property A portion of the west one-half of the northwest quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest comer of said Section 8, which lies N89°59'16"W, 2,652.63 feet from the north quarter comer of said Section 8; thence S89°59'16"E, 1,037.55 feet along the northerly boundary of said Section 8 to northerly extension of the westerly boundary of Lot 7 of Pleasant Valley Subdivision, as shown on the official plat thereof on file in the office of the Ada County Recorder, which is the Rea/ Point of Beginning.• Thence continuing S89°59'16"E, 246.65 feet along the northerly boundary of said Section 8; Thence S00°19'14"W, 1,562.09 feet along a line parallel to the westerly boundary of said Lot 7 to the southwesterly boundary of said Lot 7; Thence N65°28'38"W, 270.42 feet along the southwesterly boundary of said Lot 7 to the southwest comer of said Lot 7; Thence N00°19'14"E, 1,449.90 feet along the westerly boundary of said Lot 7 and the westerly boundary extended of said Lot 7 to the Rea/ Point of Beginning. Comprising 8.528 acres, more or less. Prepared By.• Joseph D. Canning, LS 4> >6 Date: August >3, 1997 ~ ~vI ~ ~ IuY. 5505 W. Franklin Road~Boise, Idaho 83705-1055 ~. G~? eJ4li. (~ ~ , c~ Econo Lube Subdivision Annexation Description Residential Zone A portion of the west one-half of the northwest quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest corner of said Section 8, which lies N89°59'16"W, 2,652.63 feet from the north quarter comer of said Section 8; thence S89°59'16"E, 1,037.55 feet along the northerly boundary of said Section 8 to northerly extension of the westerly boundary of Lot 7 of Pleasant Valley Subdivision, as shown on the official plat thereof on file in the office of the Ada County Recorder; thence S00°19'14"W, 455.00 feet along the westerly boundary extended and the westerly boundary of said Lot 7 to the centerline of Wilson Lane and to the Hea/ Point of Beginning.• Thence S89°59'16"E, 246.65 feet along the centerline extended of Wilson Lane and along a line parallel to the northerly boundary of said Section 8; Thence S00°19'14"W, 1,107.09 feet along a line parallel to the westerly boundary of said Lot 7 to the southwesterly boundary of said Lot 7; Thence N65°28'38"W, 270.42 feet along the southwesterly boundary of said Lot 7 to the southwest comer of said Lot 7; Thence N00°19' 14"E, 994.90 feet along the westerly boundary of said Lot 7 to the Hea/Point of Beginning. Comprising 5.951 acres, more or less. Piepa~ed By.• Joseph D. Canning, LS 4> >6 Date: August 13, 1997 ~v ~• • ~. G%~ ~. (~ ~ ~/>k/. 5505 W. Franklin Road • Boise, Idaho 83705-1055 Econo Lube Subdivision South One-half of Wilson Lane (South of Subdivision) A portion of the northwest quarter of the northwest quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest comer of said Section 8, which lies N89°59'16"W, 2,652.63 feet from the north quarter comer of said Section 8; thence S89°59'16"E, 1,037.55 feet along the northerly boundary of said Section 8 to the northerly extension of the westerly boundary of Lot 7 of Pleasant Valley Subdivision, as shown on the official plat thereof on file in the office of the Ada County Recorder; thence S00°19'14"W, 455.00 feet along the westerly boundary extended and the westerly boundary of said Lot 7 to the centerline of Wilson Lane and to the Rea/ Point of Beginning.- Thence S89°59'16"E, 246.65 feet along a line parallel to the northerly boundary of said Section 8; Thence S00°19'14"W, 30.00 feet along a line parallel to the westerly boundary of said Lot 7; Thence N89°59'16"W, 246.65 feet along a line parallel to the northerly boundary of said Section 8 to the westerly boundary of said Lot 7; Thence N00°19'14"E, 30.00 feet along the westerly boundary of said Lot 7 to the Real Point of Beginning. Comprising 7,399 square feet, more or less. Prepared By.• /oseph D. Canning, LS 4116 R E p Date: August >3, 1997 ` ~ Y~ v+ 4116 e J' fOF~~ ~,~` ~y D. CP~~ ~ I ~ -~ _ ~ I • ss I T ~ ~ c I O I I i ~ ~ : I I ~ i~ i ~ ~~ ~ ~; ;: : q ~ a I : ~ ~ ~~ a>e N > ; j M I g a~ I ' I ~ >~ I I ' m ~ i i ~ l ~ ~ S,. - i W r/ 00'l9'r$'E 5 N 00'l4'l.'E I a ' !i ~! Je. x ' .,e..9 0 ' ~ • o )t Q I, ~ I I .,~ ~I j '~ $ .70•r9':s•W :vll.u r I f 00'19.1.'M .;6.60' iJ i I ~• I_ ~ ~ ~ Iq 0 G ~ I" .7 G' 4 ~ ~m 3 W _ '> I~ m ~ ~ ~ . r ~a N I ~ I I °w.~ti,T ~ I zxM ~z ( 8$$§~~; I ~~ :I 0 ~ i i I ` °~.`'_ o ~'~+e °- -S8o`v:,~ : .I ~~ ~I ° m N m ° e N a. N a M: ==` i e~ ~ a, e ' a e T T• e~ Q Y \ y ° : • • ' i l1 ~ a .. ~ i a ° a ~ ~ ° a a~~ e a s ° ` °'_ y ~ V • s a o y e ~ ° ° a a ~ ^ e s a I ~ I ,, ~~ ~ ~ ~ L ._ L GUST -. G+ R Q V E ----_ - - ~, Ro - v 2 ~ ~ o ~ ~ ~-; ' ~ h ~ ~ ~ ~.. _ ~~ ~ ~ ~ ~ ~ N ~ p so ~ ~ ~ ~ ~ ~ T u ~ ~ ~ ' ' ~ 4 W ~ w ~ ~ _ ~ ~ 0 ~ ~ ~ ~~ w ~ ~ iA A ~ ~ ---~ ' I 98 ~ ~ , .~ s i s ~. 19j I W D ,~~ '~ C1) ~ ~~ w D ~- ~I z a7 ~ .. • •~• ~~i y I~ ~~. 0 OD C a ~° _ _ c ~ ~ ~ ~ ~_ . r N ~ rnrn- - ~~ ~ 1" W i Z ~ - --- - _ _ `- - - --~ ~- ~ -- ~ ~ w 0 ------- -------- _ - ----•----- ivo v . ~ . - -- -''-,.s .~~~~• v w ~ f ~ A .~ N r . ..~ J ~' O ~ ~. OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, 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 r'OUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN BENTLEREE C GLENN R . 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 MALCOLM MACCOY Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP RON MANNING ROBERT D. CORRIE BYRON SMITH Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: September 2, 1997 TRANSMITTAL DATE: 8/20/97 HEARING DATE: 9/9/97 REQUEST: Annexation and Zoning of 8 5 acres to C-G and R 2 BY: Econo Lube N' Tune Inc. LOCATION OF PROPERTY OR PROJECT: East of Locust Grove South Side of E. Fairview JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z KEITH BORUP, 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 FIIZE 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 IItRIGATION 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. 8c FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 PROPOSED NAME OF SUBDIVISION: ~~ LUBE .SUBDIVISION GENERAL LOCATION: EAST OF LOCUST GROVE, $OiJTH SIDE E. FAIRVIEW LEGAL DESCRIPTION (A?'T~.CH IF LENGTHY): SEE ATTACHED OWNER(S) OF RECORD: ~~ R. AND LOIS E. TUCKNESS PHONE: 888-2077 ADDRESS: 1915 E. FAIRVIEW AVENUE MERIDIAN, ID 83642 ECONO LUBE N' TUNES INC. APPLICANT: C/O PATRICK MC.KEEGAN, ARCHITECT PHONE: 322-3486 ADDRESS: 218 S COLE ROAD BOISE ID 33709 FAX: 322-3487 JOE CANNING ENGINEER, SURVEYOR, OR PLANNER: B & A ENGINEERS PHONE: 343-3381 ADDRESS: 5505 W. FRANKLIN ROAD, BOISE, ID 83705 FAX: 342-5792 TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): c~`~c~/AGRICULTURAL ACRES OF LAND IN PROPOSED ANNEXATION: 8.528 PRESENT LAND USE:. AC~R~j~,'j'~]g~j,, CT1~C'TF FAMTTV T1Tn1FT7.T~ PROPOSED LAND USE: C~IERCTAT, (NORTH 2.2 ACRES) AGRICULTURAL (SOUTH ACRES) PRESENT ZONING DISTRICT: ADA CoLnyTY RAT PROPOSED ZONING DISTRICT: c-G / R2 ~_ Signature Applicant Annexation/Subdivision/Conditional Use Narrative Econo Lube N' Tune/Schucks 1915 E. Fairview Avenue, Meridian, Idaho This narrative is being provided as required for the annexation, subdivision and conditional use applications on the referenced property. All three applications are being submitted concurrently, and it is assumed they will be reviewed and publicly heard at the same time. The narrative is arranged in the anticipated chronological order of approval. A Annexation/Rezone Request Applicant: Patrick McKeegan Architects on behalf of Econo Lube N' Tune, Inc. 218 S. Cole Road Boise, ID 83709 208.322.3486 208.322.3487 fax 2 Property Owner: Lawrence R. And Lois E. Tuckness 1915 E. Fairview Avenue Meridian, ID 83642 Copy of the deed is attached. 3 Attached are notarized Affidavits giving the applicant permission to apply for the AnnexationlRezone, Subdivision and Conditional Use. 4 Attached are legal descriptions for the following: a Econo Lube Subdivision -Boundary Description b Econo Lube Subdivision -Annexation Description, Entire Property c Econo Lube Subdivision -Annexation Description, Commercial Zone d Econo Lube Subdivision -Annexation Description, Residential Zone e Econo Lube Subdivision -South One-half of Wilson Lane Also included is the legal survey indicating the requested ROW, easements, etc. 5 The land is currently used as a single family residence for the Owners with numerous out buildings and corrals. The south portion is used as • • active pasture. The land is zoned R/T in Ada County. 6 The proposed land use is in three categories. a The first is the north 2.576 acre portion which will be split off of the existing parcel and subdivided into four lots as the Econo Lube Subdivision. These lots will be zoned C-G to allow the proposed uses. Econo Lube N' tune will occupy the northeast lot with an automotive lubrication and tune-up facility of approximately 2,800 square feet. Schucks will occupy the north east lot with an automotive parts supply facility of approximately 8,000 square feet. The south two parcels will be sold for commercial use. b The second parcel will be the 5.951 south portion which will be zoned R2. It is the owners intentions to place the property for sale as one parcel with future development as a residential PUD or further subdivision the responsibility of the buyer. c The third portion is right of way that will be dedicated to the Ada County Highway Districtme from each of thel parcels de gnat d of the 60 foot ROW will co . above. The road will align and extend Wilson Lane from the west. Public utilities will also be extended in this ROW. 7 Present zoning is Ada County R!T (rural transition). 8 The proposed zoning districts are C-G for the northern portion and R2 for the south portion. The zoning would be divided at the center line of Wilson Lane. 9 The northern portion of the property is bordered on the west by D & B Supply and zoned C-G. Our project would be a logical extension of that zoning. Fairview Avenue has commercial development east and west of the property on both sides of the street. The Meridian comprehensive plan identifies this property as future commercial development. The parcel's direct access to Fairview Avenue will minimize traffic on Wilson Lane. The southern portion is bordered by vacant land and residential uses. It is anticipated that this use wi11500 feet from Fairview Avenue and buffered will be setback approximately by the commercial uses. Access to the parcel will be from Wilson Lane from Locust Grove. 2 • • ;~ 10 See statement 9. 11 The proposed zoning and uses are in compliance with the Comprehensive Plan which has the area designated as mixed use development with office, light industrial, commercial and residential as a transitional use. 12 Attached is one map at 1:100 scale designating the descriptions contained in item 4. 13 Attached are thirty copies of the 1:300 vicinity map. 14 Attached is a list of the property owners within 300 feet of the property boundaries from the Ada County Assessors office. 15 Attached is a check in the amount of $559.14 for the following: Fee: 9acx$15 17 notices x 1.43 $400.00 plus 135.00 plus 24.14 :. 16 Attached is an affidavit that I, Patrick McKeegan, Architect, will post the property 1 week before the public hearings the Official notices available at City Hall. 17 Attached is an affidavit stating that I have read the contents of the application and verify that the information contained therein is true and correct. Subdivision Application for Econo Lube Subdivision 1 Apre-application meeting was held between Joe Canning, B & A Engineering and Shari Stiles, Planning and Zoning Director. 2 Attached are 30 copies of the application form. 3 Attached are the property deeds and an affidavit from the property owners consenting to subdivision application. 4 '. Correspondence concerning this application should be directed to: Applicant: Patrick McKeegan Architects on behalf of Econo Lube N' Tune, Inc. 3 • • 218 S. Cole Road Boise, ID 83709 208.322.3486 208.322.3487 fax Correspondence concerning billings should be directed to: Gary Hepburn, Project Manager Econo Lube N' Tune 4911 Birch Street Newport Beach CA 92660 5 See A.4 above. 6 Attached are 30 copies of the preliminary plat. 7 A variance may be required to allow the extension of Wilson Lane as a stub street. This determination will be made by the Plannjng and Zoning staff during review. 8 See A.6, 9, 10 & 11 above. 9 Attached is a 1:100 plan indicating the parcel from which the Subdivision is being divided. 10 Attached are 30 copies of the Ada County Assessors maps showing zoning within'/2 mile of the property. 11 Attached are 30 copies of the 1:300 vicinity map. 12 Traffic impacts on Fairview Avenue will be negligible. Econo Lube is open from 7:30 am to 6:00 pm and services approximately 40 automobiles per day. Schucks is open from 8:00 am to 9:00 pm and serves approximately customers per day. The two uses will share one access point from Fairview. Cross access will be provided to D & B supply and the two south lots. Wilson Lane should not be significantly impacted due to the small size of the lots. It is anticipated that the property will develop with less intensive uses that are destination orientated rather than high volume retail. Cross access will be provided with the north two lots. The planning department has indicated that Wilson Lane is scheduled to be extended further to the east to connect with Eagle Road. 4 ~~ • • 13 Attached are 4 sets of conceptual engineering plans. 14 ~ Attached is a check in the amount of $321.93 for the following: Fee 4 lots $300.00 plus Mailing fee 17 x $1.29 21.93 15 Attached is a copy of the proposed restrictive covenants. 16 Attached is applicable ground water information from the soils report. A full report will be provided when we receive it. Delivery has been delayed because of the UPS strike affecting over-night delivery services. 17 Other information will be furnished as requested. C Conditional Use Application 1 See Item A.1 above. 2 See Item A.2 above. 3 See Item A.4 above. 4 See Item A.2 above. 5 See Item A.5 above. 6 See Item A.5 above. , 7 See Item A.6 above. 8 See Item A.7 above. 9 Thirty copies of the 1:300 vicinity map are attached. 10 See Item A.9, 10 & 11 above. 11 Attached is a listing of all property owners within 300 feet of the property • boundary. 12 Attached is a check in the amount of $299.14 for the following: Fee $275.00 plus 5 • ~ • Mailing 17 x 1.42 24.14 13 ~ Attached is a statement that the applicant agrees to pay any additional sewer, water of trash fees of charge, is any, associated with the use. 14 See Item A.17 above. 15 See Item A.16 above. END Affidavit I, Patrick McKeegan, Architect representing Econo Lube N' Tune hereby state that I have read the contents of the Annexation, Subdivision and Conditional Use Applications and verify that the information contained therein is true and correct to the best of my knowledge. I further state that I will obtain and post Official notices of pubic hearings on the property no later than one week prior to those hearings. Signed: '/ f~~~/~~ ~ Patrick McKeegan Date 6 • ~~l 1~~,11,,'1'_-~~;~ ~ ,~+~~~ F'f`~ ~,~.~'~I"' 3~• ~~~ ~gN~~~t~~i ~"AT~ QF IQ ;av~rir of ~-~aA P. i:'11', a~ w I. ~ t~b•~}t S ~~ ca ~ ~ ~ ~ . ielddreas) e tn~ ~~ . ~~ ~ ~~' I N G, .~ ~ I/~ ( bci•~],~$ Elk pd~u~y sworn. u[~et f ~ !M • ~` • ~~~J~ `~ r 1 ~~~~ o~4f1 d~ip01V1r ~ ~,• {city) ~ (state) /~' of the property described on tt-e attached, and I grant ~, 'mat I am the ~,~1~ - ~y peramie8ton to . . (addree 1 ~~ to euhrnlt the accompanying appllcatian Pertaining to that property. cis ~Tf~`' and it's omp)pyeea harmless Pram ~~ 1 agree~tn Indemnify. defend and hol any clam or liabttity resulting t'rom ar~y diwhieh is the sub~oct althetapplication. herein pr as to the ownership of the propecZy ~''` ~6~s'1~ ,19 Dated this '~ day of r;-~ ~ ~,~ ~. G ~ tN~ (Signature) $I]HSCRJI~t~D AND SWORN to before mo the day and year first above wrlkken. OFFICI+~1. flEF.h 1V,- BPYAN T. MAf~TI~~ ~~~ Fi 1l~1Y1 Notary P lie for Ide~#o AS~ono~ Residing ac ~1~pa Cou~-~y My Commis5ton Expires: ~` -' °~ -a 9 post-Itt°' brand fax transmittal memo 7671 ~! of p•p•• - ~~ . ~~ 'AU(~-13-97 WED 09:10 208 322 3487 P. 02 • • ..___ AF~YDAyIT QF LEGAL II~iTERE~i'~ FATE OF IDAHO COUNTY OF ADA ae I ~,~,c ~. ~ . `T~nc,~c,~ ~ s IGl 1 `~ ~ 2vj ~uv (name) (address) r, -. .. ----- being first duly sworn upon ~ ~~:~ ~ i A~sy ~A°r~z.~ oath. depose and say: (city) (state) 1, 't'hat I am the record owner of tl~e property described on the attaelied. and 1 grant xny permission to ,~O~Ly ua ~,~ . (name) (address) to subxntt the acoun-panying appliC+~tion pertaining to that property. r~Y cY- ,~9,~i'~r9A-~ 2. I agree to indemniCy~ delend and hol and it's employees harmless front any claim or liability resulting from any dispute as to the statements contained herelrt or as to the ownership of the property which is the sub~eet of the appitcation. hated this ~i day of f.~ _ __ __ ,19 7 ~~.r/~~r ~t ~~~1~ ,, ,, (Signature) SCJBSCWBED AND SWORN to before me the day and year first above written. t S/~` R @~©~ may..; ~,(~ ~ ~ n ~ Y ,. ; Z ~~ A FZ y •,a,~ ,.. , " ~ '+ Notary Public for Idaho .• ;~ ~ ,~ ; p L`.G. ,, ~~~. Residing at f`ner ~C~-~.~,r ~K ~. ~ ~ n ; J' * ~ x ~, ~~ r4p~.""" ~~ r~ My Commission Expires: ~c~ ~~ o~ %, / F~ -'~ ~I - g v~cu we .. ~ • • ,. ,,, ti ~, , .,,`~.,~, ~~i S1 k~ ,-~ ~ . ,r`. ,. ` ; .. ~: ,~ '~u.;,,,:.~~~, PXP'+47CtP5N'"'xYi~': ~'~~^Ti~;~l~. 9}=~~r °.~cJ+- ~~~.. ~ ,. - t 5,~~,~~AM,_~ry,.~L~R.l.~M.R.INV~.MA-~/M,,./~.A•.M!.~ . .. ~, ~ ~" '' ; ~ is '-d r .. ,(,!~ _ QiDHdVTURF,"Made this 9th "` day~c " October= 1'.) s ;, _ •, in the year 8f "our Lord one •thousand nine hundred and ` riPty-one ,between • I~E ~;t~~ L*lns1c'FRErR ana Ptr~ ~. FR~~, husbana ana Kire ;i dpi of 'Mountaln~ Homa . Cvnnty of _ Elmore _ . ,State of. Idaho - ;,, ~;, }'-; the parties . of the first part, and" LAWi4TsNCE R~ TUCKNESS and IAIB'S3TFi>3R it ,,~ '~ ,.;. - ' i' TIIC$NESS,,.:husbemd and rviPe ~i { ;{ a;;" ;, ,' ~, of .Meridian' ~, ,County o! . Ada ,State of rldaho i, ~' ~ the pzrtle s of the second part. ,, ~,' ~ VVITIQES$L+'TFi, That the said part lea of the first part, for and in consideration of the rum of ~ :.1 ,?,~ Ten and no/100.($10.00) - - ~ - - - - - - - - - - - - - DOLLARS, ~,f Iawtul money of the United States of America, .and other, good and" ~ ~~1~ ~ ~8 said oonaideration to "' them ~. ~ part Yea; "of the second port, the receipt whereof. ie herebq acknowledged, ha ve •:.geaated, batgsbted ' ~ ' snd sold, and by these preseata do grant, bargain, sell, convey and confirm unto the said part ie a ~ ' of the second part, and to their heirs and assigns forever, ail of the, following described real. estate, f { situated in the ,County of Ada ' `, State of Idaho, to-wit: '~ The avast 246.65`feet or Lot 7'oP Pleasext?Yalley - {' 'subaiviaion, in the Neat half of gectiom S,-Township 3 North, Range l"East of the'Boiae Meridian; being more particularly described,as Polloea: i ~~. f , ~ sBeginningr`at an~°iron~~~pin fat, the ~Northweat~:-corner.. - _. '' i~' of said Lot 7, thence,;North t88°SSC ;East ;.along the ,North ~ ~;~side' of'~said Y,ot'~~7 sdiateace~,~oP' 246 65 'Peet ;to `an ,'iron f piny thence'` South: 0°41;v . Esati°~'and ~ Paz'a]•lel«tb~`,~the';iReat ?1 -aide oP said Lot'7 a distance oP,155690 Peetito:an •'iron: pin on the northerly°benk oP"-:a'Fdrain ditch; •thence .North 66°28v'West along'the?Ndrtherly.bank oP;s drain I ': ditch" 270,45' Pest: to 8n ;iron;:pin;,;thence Nor'th,, 0°41c " Weat along the Vltest side oP `'said, Lot 7 a distance of~ ~ ~ 14'44.07; Peet to the point of'beginriing. ~: i ~I the tenements, hereditanunts and appurteaanem thereunto { q`OCETHER, With all and singular and remainders, rests 1 belonging or in anywise appertaining. the reveraioa and reversions, remainder. ~ well i ; issues and profits thereof; and all estate, right. title and interest is sad to the said property, ~,~ in Iaw as in equity,;ot the said part of the first part. :.. s„ TO ~1ti'L ~w;D TO HOLD ~~.sad singular the above mentioned rad de.+errixd prsnix=, tOS~~• i bails sad `a'ssigns lorever , I ' with the a ces, unto the part of the second parE," and to and the esipd ~ is the and Petceibis of the lust part, sad'` ,. °heirs, the said P .. 4~~ ' ' possession of the Bald part of the second part, hens and signs, agaiaat the.saki 1~ I of the first,part, and _ . ,,.. , "heirs: and against all and even bper~s„on ,Perms io~°~r~ , lawfnllY . :I,~ .r. ~" ~ i ahiilll': and~`will WAlitR/INT.,. y P cisiraing or to claim the acme ~' , ~~ e ~+ - y.~q trr .§ .i ,fir T aA'.v_ / R [:Rrr it ~?-~ ~, _ : k.~r~~Ga~r ry y ~.. ~. ,~ht4fD'~~YA~~r ,e i'~i;. ' 1 M ~1~ i~r~[h { c~7 l t ' 'a~~'~' i ~i r2e. ., ^ry , J ~ ~ ~ ~^ct ~T ~ , ~.. ~ ... ' ... ' _ ~. k .~ 'f.'i _ ~ ~ ~~ _ • ~ '. ' t~, ~ iii WARRAN'tY:;DE~D-°v `' ~ "~ ' ~ ~ ~ Q ° ~. ~ 8 1 ~ ~~ _~_~ J i ~ ~ ".r' ~~ `r ~, ~ 5(,"~1....~ t' ~ ~i ~~, ~ ~Ar l ~ ~r t '^ , {~' 'S~t ti t tlf It t~Yh k}tN4 ~ ~ ~~. '"t~'dY " ~1ia ;~:3~ ,t~~,. ~ ~ , ~ ~t 4 of .Sr.... ... )i ~ n/~.. ~ ..... ~ six ; + • •i ..... ... ...... ~ ro ~<< s ~ i ~ , ~, ,` ~; ' { - t' r j Dated . ~ _ .. ........, 19.._.... i ? f STATE ..OF IDAH0. - fa. ~z ,.~. ~ rr;-: ;' ~' s «~ !lied >' f Y hereby deRltS' {flat ~hfe n9trwne>+ . t 4 " p S ~ ~ (or rt ~...~!:°9 ..... r ;; at _3 ~ ;. minutes poet. ~ ... ~, f • Y o clods _' ~'.~.. this .~. ~ ........_._~7 ~.~• ~~~'.'.. ..... ti D. 195. t ' i !n my ol~ce and duly recorded ht Book.. 4y,~ i;7 0 at page. .... Y ._. ~ ~~ .... mi o(rlMO Seconder. 7 ~"C' ,•~ 1 ;~ ; sy .. ~ _. Depatr. U ~ Fees,.5.~ t t .i o~+.. ......................... . 1!/I.ad~.~^t ~ ~A 1 pgeli to... 1 .i ~.,,} ~. :..:. ............+ ^F t 61J i ib•betl IOU1O ytM R~AM.INC t1O RR yi. yJ I ; ~__ f.\'. .. „r _.._ _.... _. ... . .. . . fYr ~~, ....... i . ,,. .. ... ,. o. ~. `\ - .. ~': .. %.}'ip ti. .. ~ . ~.r ,.. ~ ~ ~ ... -.,,_. x _ _ .. x -~ ~ .- _ *w.t, ~ _ _!. : ~ ,M1 f P'F .~° 4. y ~ • ~( 1 ~'~'ATE 4~' IDA,HQ ss 4UN'TY QF AL)A 2• :~?2 :~4NT a. na ~'F~~-~T Qr' X,r~C,~rAI. XtVT1~~51T (nama~ (address) 4rC_ (rt r~`: ~' ~ ~ C ~~c~-C:C~~/. ~i~ iltSt ~L1~y- BWOr11 !1(~Ol? oath, depose and say: icityl iatate) ~~~. r~~~ w, ,~,~vl~~~Y~',,~,~~.~+;.z~ 8 ~~'~ 1, That I am the of the property described on the attached, and 1 gra»t my~ /permission to /~~ /~'Z ~r~' r n^ ~ / ! L /~ I ~P.r~ r ..-._ .n ~ 1 Jf (.') ltd ~iY Ll f ~!~ ~ ~~ (e,ddresey (namc) to submit the accompanying appltcation pertaining to that property. ~. l agree to indemnify. defend and hol and it's employees harn~less from any claim ar liability resulttng from any dispute as to the statements contained herein cr an to the ownership of the Pmpr~riy which iR the 9ut~ect of the anplieatt+~n, Dated this , 1 _ ~ ~ day of '~` , 28 ~ SUI~SCRlS~1~ AND SW41~N to befot'e me the day and year first above written, -,_ co ~vnru BEACH . +~- Notary~pu1W~c/'-/~~Ca~AI~ombp QIVY\~~ ~..YMI.t T ~ ti+H Comm. Explros AUG 9.1994 dM-t~~ Notary P lic for f t ry tic.. l~eatding at My Commission Expires: / ,~ ,~~ 6 wcu von U ~, (~ ~i, (r~j~y~il~ eY'/>kY. 5505 W. Franklin Road • Boise, Idaho 83705-1055 Econo Lube Subdivision Boundary Description A portion of the northwest quarter of the northwest quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest corner of said Section 8, which lies N89°59'16"W, 2,652.63 feet from the north quarter comer of said Section 8; thence S89°59'16"E, 1,037.55 feet along the northerly boundary of said Section 8 to the northerly extension of the westerly boundary of Lot 7 of Pleasant Valley Subdivision, as shown on the official plat thereof on file in the office of the Ada County Recorder; thence S00°19'14"V1/, 36.51 feet along the westerly boundary extended and the westerly boundary of said Lot 7 to the southerly right-of-way of Fairview Avenue, which is the Rea/ Point of Beginning: Thence S89°32'S6"E, 246.65 feet along the northerly right-of--way of Fairview Avenue; Thence S00°19'14"W, 416.60 feet along a line parallel to the westerly boundary of said Lot 7 to the centerline extended of Wilson Lane; Thence N89°59'16"W, 246.65 feet along the centerline extended of ~Ison Lane along a line parallel to the northerly boundary of said Section 8 to the westerly boundary of said Lot 7; Thence N00°19' 14"E, 418.49 feet along the westerly boundary of said Lot 7 to the Rea/ Point of Beginning. Comprising 2.364 acres, more or less. Prepared By.- Joseph D. Canning, LS 4116 Date: August >3, 1997 CJ ~. (~ ~i. (~ ~ ~ ty'iNY. 5505 W. Franklin Road • Boise, Idaho 83705-1055 Econo Lube Subdivision Annexation Description Commercial Zone A portion of the northwest quarter of the northwest quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest corner of said Section 8, which lies N89°59'16"W, 2,652.63 feet from the north quarter corner of said Section 8; thence S89°59'16"E, 1,037.55 feet along the northerly boundary of said Section 8 to the northerly extension of the westerly boundary of Lot 7 of Pleasant Valley Subdivision, as shown on the official plat thereof on file in the office of the Ada County Recorder, which is the Rea/ Point of Beginning.• Thence continuing S89°59'16"E, 246.65 feet along the northerly boundary of said Section 8; Thence S00°19'14"W, 455.00 feet along a line parallel to the westerly boundary of said Lot 7 to the centerline extended of Wilson Lane; Thence N89°59'16"W, 246.65 feet along the centerline extended of Wilson Lane along a line parallel to the northerly boundary of said Section 8 to the westerly boundary of said Lot 7; Thence N00°19'14"E, 455.00 feet along the westerly boundary of said Lot 7 to the Rea/ Point of Beginning. Comprising 2.576 acres, more or less. Prepared By.' Joseph D. Canning, LS 4116 Date: August 13, 1997 • ~~ ~ ~i. ~ ~ ~ JIt~/. 5505 W. Franklin Road • Boise, Idaho 83705-1055 Econo Lube Subdivision Annexation Description Entire Properly A portion of the west one-half of the northwest quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest corner of said Section 8, which lies N89°59'16"W, 2,652.63 feet from the north quarter comer of said Section 8; thence S89°59'16"E, 1,037.55 feet along the northerly boundary of said Section 8 to northerly extension of the westerly boundary of Lot 7 of Pleasant Valley Subdivision, as shown on the ofFcial plat thereof on file in the office of the Ada County Recorder, which is the Rea/ Point of Beginning.• Thence continuing S89°59'16"E, 246.65 feet along the northerly boundary of said Section 8; Thence S00°19'14"W, 1,562.09 feet along a line parallel to the westerly boundary of said Lot 7 to the southwesterly boundary of said Lot 7; Thence N65°28'38"W, 270.42 feet along the southwesterly boundary of said Lot 7 to the southwest corner of said Lot 7; Thence N00°19'14"E, 1,449.90 feet along the westerly boundary of said Lot 7 and the westerly boundary extended of said Lot 7 to the Rea/ Point of Beginning. Comprising 8.528 acres, more or less. Prepared By.' Joseph D. Canning, LS 4116 Date: August >3, 1997 U • ~~ ~ ~, r~/~.i~1tP.~il~ e~~'/u/. 5505 W. Franklin Road • Boise, Idaho 83705-1055 Econo Lube Subdivision Annexation Description Residential Zone A portion of the west one-half of the northwest quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest comer of said Section 8, which lies N89°59'16"W, 2,652.63 feet from the north quarter comer of said Section 8; thence S89°59'16"E, 1,037.55 feet along the northerly boundary of said Section 8 to northerly extension of the westerly boundary of Lot 7 of Pleasant Valley Subdivision, as shown on the official plat thereof on file in the office of the Ada County Recorder; thence S00°19'14"W, 455.00 feet along the westerly boundary extended and the westerly boundary of said Lot 7 to the centerline of Wilson Lane and to the Rea/ Point of Beginning.' Thence S89°59'16"E, 246.65 feet along the centerline extended of Wilson Lane and along a line parallel to the northerly boundary of said Section 8; Thence S00°19' 14"W, 1,107.09 feet along a line parallel to the westerly boundary of said Lot 7 to the southwesterly boundary of said Lot 7; Thence N65°28'38"W, 270.42 feet along the southwesterly boundary of said Lot 7 to the southwest corner of said Lot 7; Thence N00°19' 14"E, 994.90 feet along the westerly boundary of said Lot 7 to the Rea/ Point of Beginning. Comprising 5.951 acres, more or less. Prepared By.• Joseph D. Canning, LS 4> 16 Date: August >3, 1997 • ~. C~ ~. ~i~r~:ne~itay ~iar~. • 5505 W. Franklin Road • Boise, Idaho 83705-1055 Econo Lube Subdivision South One-half of Wilson Lane (South of Subdivision) A portion of the northwest quarter of the northwest quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest corner of said Section 8, which lies N89°59'16"W, 2,652.63 feet from the north quarter comer of said Section 8; thence S89°59'16"E, 1,037.55 feet along the northerly boundary of said Section 8 to the northerly extension of the westerly boundary of Lot 7 of Pleasant Valley Subdivision, as shown on the official plat thereof on file in the office of the Ada County Recorder; thence S00°19'14"W, 455.00 feet along the westerly boundary extended and the westerly boundary of said Lot 7 to the centerline of Wilson Lane and to the Rea/ Point of Beginning.• Thence S89°59'16"E, 246.65 feet along a line parallel to the northerly boundary of said Section 8; Thence S00°19'14"W, 30.00 feet along a line parallel to the westerly boundary of said Lot 7; Thence N89°59'16"W, 246.65 feet along a line parallel to the northerly boundary of said Section 8 to the westerly boundary of said Lot 7; Thence N00°19'14"E, 30.00 feet along the westerly boundary of said Lot 7 to the Rea/ Point of Beginning. Comprising 7,399 square feet, more or less. Prepared By.• Joseph D. Canning, LS 41 >6 Date: August 13, 19.97 _. ~ s.. r.: r• roo• .~ ~ I ~:~ ~ I ~ T• I ~ I O ~1 I I ~ :~ :I i >= e a I i -e> i >~' , >, ^ 8 ~ uI N•> ~ >~: ~\ ~ ~ I \ m ~ ~ ~ I I (t 50 ~I ~ W j W ri 00'r9'i5'E 5 N o•I 'r,• E a 0 re .9 ii ~t ns. ~o' I o ~ Q = n N x _ , r A ',a, I .. 5 00'19';d'y o/ LI o •I O11'Y ~ ~ _. I .,6 a I y I r - 1011. U9' .~ i `V 0 C tie W ca , - i~ $ 4 W y ~a m ~ W 'p ~. ~ I~ y ~ P ~ i o I ~I G U ~ V N I pp qx gq NNq ppE • 9 R R 4 9 4~ I =nuuv4~ xI ' •i.• q, TT\\iT a sI I o ~I ao~>-~Y i T ~~ ,~a~ D,.`o.. •~~`+e ux N rn N ~ 2~~ A O ~ • N r N ~ A: ~ ~ ~ C e: • ~ ~ ~ ~ a _ m • T • e a n Y ~ . a .. d • x ~ Y E • O `~ ~ w ~. • • • L1 ~ • a .. N W • • • ' O x 4 a ; o e e r a s O. a ~: .. W a ~ e v ` C O ~ D a N • 9 O ~ a LJ PFMDOI 97 M A S T E R Parcel. 87104253293 Code Area 03 Name SCHRANDT FAMILY LTD PARTNERSHIP U P D A T E _ Type Qty 210 5.341 420 Buyer C/O Address 3303 E LINDEN ST CALDWELL ID 83605 - 6077 Last Change 95/04/17 By ASR_DIXIE Desc. LOTS 8-13 EXC 12.4' PLEASANT VALLEY SUB #3291-S n U 7/31/97 14:52:12 Value ACTIVE- 232654 2066700 Bank Code KCM Lien Code Prepaid L.I.D. _ Bankrupt _ Sub.Code J5 Annexation *NO Notes Total 2299354 Exemption #95000774 Grp 093 Typ 118 Ap 01520000008A 3N lE 08 Hardship 0 Property Zoning C-G Flag _ Address 01725 E_ FAIRVIEW AVE_ MERIDIAN ID 83642-0000 D.D. Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: _ F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax 01-10 SA MW KS IM II S1 AS400 KB • PFMDOl 97 M A S T E R U P D A T E Parcel 87104252500 Code Area 210_ Type Qty Name SNODGRASS TED & TRESSIE F 150 7.400 370 Buyer 990 C/O Address 2030 E FAIRVIEW AVE MERIDIAN ID 83642 - 5797 Last Change 94/10/06 By ASR_DIXIE Total Desc. E 206.55' OF W 453.20' OF LOT 7 PLEASANT VALLEY SUB 01520000007A 3N lE 08 7/31/97 14.:53:30 Value ACTIVE- 63000 80900 Bank Code 40450- Lien Code Prepaid L.I.D. _ Bankrupt _ Sub.Code Annexation *NO Notes 103450 Exemption Hardship 0 Property Zoning R8 Flag _ Address 02030 E_ FAIRVIEW AVE_ MERIDIAN ID 83642-0000 D.D. _ Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit FS=Corrected Notice F6=Letters F10=Tax O1-10 SA MW KS IM II Sl AS400 KB PFMD01 97 M A S T E R Parcel 87104251802 Code Area 03 Name ELLIOTT INDUSTRIAL CO INC U P D A T E _ Type Qty _ 210 1.020 420 Buyer C/O Address 424 PEBBLE BEACH WAY EAGLE ID 83616 - 5184 Last Change 97/03/21 By ASR_KINSH Desc. PAR #1802 OF LOT 6 PLEASANT VALLEY SUB Total 7/31/97 14:53:57 Value ACTIVE- 134600 14900 Bank Code Lien Code Prepaid L.I.D. _ Bankrupt Sub.Code _ Annexation *YES Notes 149500 Exemption #1800-B 015200000060 3N lE 08 Grp 145 Typ 146 Ap Hardship 0 Property Zoning C-G_ Flag _ Address 02065 E_ FAIRVIEW AVE_ MERIDIAN ID 83642-0000 D.D. _ Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax O1-10 SA MW KS IM II Sl AS400 KB ! ~ PFMDOI 97 M A S T E R U P D A T E Parcel 87104251625 Code Area 210_ Type Qty Name WASDEN JOHN R & DEBORAH 150 3.930 370 Buyer C/O Address 4844 CRESTHAVEN CIR BOISE ID 83704 - 3009 Last Change 95/07/07 By ASR2 ALLEN Total Desc. PAR #1625. OF LOT 6 PLEASANT VALLEY SUB #95040856 01520000006A 3N lE 08 7/31/97 14:54:13 Value ACTIVE_ 20000 140300 Bank Code PMI Lien Code Prepaid L.I.D. _ Bankrupt Sub.Code Annexation *NO Notes 160300 Exemption Hardship 0 Property Zoning R1 Flag _ Address 02075 E_ FAIRVIEW AVE_ MERIDIAN ID 83642-0000 D.D. _ Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax 01-10 SA MW KS IM II Sl AS400 KB • PFMDOl 97 M A S T E R U P D A T E Parcel 87104251530 Code Area 210_ Type Qty Name PINE STREET DEVELOPMENTS 010 15.000 Buyer C/O Address 11321 W HICKORY BARK DR BOISE ID 83713 - 1005 Last Change 96/06/11 By ASR_PARKER Total Desc. PAR #1530 OF LOT 7 PLEASANT VALLEY SUB #94043763 015200000070 3N lE 08 7/31/97 14:54:57 Value ACTIVE_ 16138 Bank Code Lien Code Prepaid _ L.I.D. _ Bankrupt Sub.Code Annexation *NO Notes 16138 Exemption Hardship 0 Property Zoning RT Flag _ Address 02075 E_ FAIRVIEW AVE_ MERIDIAN ID 83642-0000 D.D. _ Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: _ F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax O1-10 SA MW KS IM II S1 AS400 KB PFMDOl ~,C~~ 97 M A S T E R U P D A T E Parcel R061`~'750070 Code Area 03 Type Qty Name AV I L L C 210 1.116 420 Buyer C/O ROGER H ALLEN Address 9647 W PEBBLE BROOK LN BOISE ID 83703 - 1765 Last Change 96/10/18 By ASR2_ALLEN Total Desc. LOT 7 BLK 1 AVEST PLAZA SUB #96073904 5~ 7/31/97 14:56:17 Value ACTIVE_ 366000 573500 Bank Code Lien Code Prepaid L.I.D. _ Bankrupt _ Sub.Code J6 Annexation *NO Notes 939500 Exemption M32150010070 3N lE 05 Grp 093 Typ 994 Ap Hardship 0 Property Zoning C-G_ Flag _ Address 01658 N AVEST LANE MERIDIAN ID 83642-0000 D.D. _ Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax 01-10 SA MW KS IM II S1 AS400 KB ~~ LJ PFMDOl 97 M A S T E R Parcel 80619750050 Code Area 03 Name AV II L L C Buyer U P D A T E _ Type Qty _ 210 .738 420 C/O ROGER H ALLEN Address 9647 W PEBBLE BROOK LN BOISE ID 83703 - 1765 Last Change 96/10/18 By ASR2_ALLEN Desc. LOT 5 BLK 1 AVEST PLAZA SUB' #96073904 Total • 7/31/97 14:55:23 Value ACTIVE- 321500 343500 Bank Code Lien Code Prepaid _ L.I.D. _ Bankrupt _ Sub.Code J6 Annexation *NO Notes 665000 Exemption M32150010050 3N lE 05 Grp 095 Typ 098 Ap Hardship 0 Property Zoning C-G_ Flag _ Address 01890 E_ FAIRVIEW AVE_ MERIDIAN ID 83642-0000 D.D. _ Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: _ F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax 01-10 SA MW KS IM II Sl AS400 KB • PFMDOI 97 M A S T E R Parcel 80619750010 Code Area 03 Name FRED MEYER INC U P D A T E _ Type Qty _ 210 15.457 420 Buyer C/O ATTN: MOCON Address PO BOX 42121 PORTLAND OR 97242 - 0121 Last Change 97/05/13 By ASCALLLH Desc. LOT 1 BLK 1 AVEST PLAZA SUB • 7/31/97 14:55:54 Value ACTIVE_ 2356600 6685300 Bank Code Lien Code Prepaid _ L.I.D. _ Bankrupt Sub.Code J6 Annexation *NO Notes Total 9041900 Exemption #95070361 M32150010010 3N lE 05 Grp 095 Typ 098 Ap Hardship 0 Property Zoning C-G_ Flag _ Address 01740 N_ LOCUST GROVE RD_ MERIDIAN ID 83642-0000 D.D. _ Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax O1-10 SA MW KS IM II S1 AS400 KB PFMDOl 97 M A S T E R U P D A T E 7 /31/97 15:01:28 Parcel S1105346655 Code Area 03 Type Qty Value ACTIVE- Name KISSLER JAMES A 210 5.530 717500 Bank Code Buyer Lien Code C/O Prepaid Address 1591 SENDERO L.I.D. _ Bankrupt BOISE ID Sub.Code 83712 - 0000 Annexation *NO Last Change 97/07/07 By ASR KINSH Notes _ Total 717500 Desc. PAR #6655 OF SE4SW4 PAR #B R/S 2737 Exemption SEC 5 3N lE #346600-5 Grp 999 Typ 999 Ap #96102434 #96102435 #96102433_ O3NO1E056655 3N lE 05 Hardship 0 Property Zoning C-G Flag _ FAIRVIEW Address 00000 E MERIDIAN AVE ID D.D. _ _ Space # Type 1 REAL Roll 1 _ PRIMARY Occ. 0 Action: F2=Select F3=Exit F5=Corrected Notic e F6=Letters F10=Tax O1-10 SA MW KS IM II Sl AS400 KB PFMDOl 97 M A S T E R U P D A T E Parcel 80619750080 Code Area 03 Type Qty Name AVEST LIMITED PARTNERSHIP 210 1.252 Buyer C/O Address 600 N MAPLE GROVE BOISE ID 83704 - 0000 Last Change 97/06/19 By ASR_KINSH Total Desc. LOT 8 BLK 1 AVEST PLAZA SUB M32150010080 3N lE 05 7/31/97 14:56:38 Value ACTIVE- 105800 Bank Code Lien Code Prepaid _ L.I.D. _ Bankrupt _ Sub.Code Annexation *NO Notes 105800 Exemption Grp 999 Typ 999 Ap Hardship 0 Property Zoning C-G Flag _ Address 01722 N_ AVEST LANE MERIDIAN ID 83642-0000 D.D. _ Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax O1-10 SA MW KS IM II Sl AS400 KB PFMDOI 97 M A S T E R U P D A T E Parcel S11Q8244500 Code Area 03 Type Qty Name B W INC 220 26.000 Buyer C/O Address 250 BEECHWOOD DR BOISE ID 83709 - 0944 Last Change 97/04/11 By ASR_KINSH Total Desc. PAR #4500 OF S2NW4 SEC 8 3N lE #244400 & #244200-C • 7/31/97 14:59:04 Value ACTIVE_ 390000 Bank Code Lien Code Prepaid _ L.I.D. _ Bankrupt Sub.Code Annexation *NO Notes 390000 Exemption #95026500 #95041815 Grp 999 Typ 999 Ap M3N1E0084500 3N lE 08 Hardship 0 Property Zoning I-L_ Flag _ Address 01830 E_ PINE AVE_ MERIDIAN ID 83642-0000 D.D. _ Space # Type 1 REAL Roll~l PRIMARY Occ. 0 Action: _ F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax 01-10 SA MW KS IM II S1 AS400 KB • • PFMDOI 97 M A S T E R U P D A T E Parcel S1108234110 Code Area 210 Type Qty Name B W INC 120 11.000 Buyer C/O Address 250 BEECHWOOD DR STE 120 BOISE ID 83709 - 0944 Last Change 94/11/07 By ASR_ALLEN Total Desc. PAR #4110 OF S2NW4 SEC 8 3N lE #234100-244300-C #9155347-48 03NO1E084110 3N lE 08 7/31/97 14:58:36 Value ACTIVE- 80000 Bank Code Lien Code Prepaid L.I.D. Bankrupt _ Sub.Code Annexation *NO Notes 80000 Hardship 0 Property Zoning RT Address 00000 E_ PINE AVE_ MERIDIAN ID Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax Exemption Flag _ D.D. _ Action: 01-10 SA MW KS IM II Sl AS400 KB • • PFMDOl 97 M A S T E R U P D A T E Parcel 51108233640 ~ Code Area 210_ Type Qty Name B W INC 120 4.600 Buyer C/O Address 250 BEECHWOOD DR STE 120 BOISE ID 83709 - 0944 Last Change 94/11/07 By ASR ALLEN Total Desc. PAR #3640 OF S2NW4 SEC 8 3N 1E #9258975 03NO1E083640 3N lE 08 7/31/97 14:58:14 Value ACTIVE_ 48900 Bank Code Lien Code Prepaid L.I.D. _ Bankrupt Sub.Code Annexation *NO Notes 48900 Hardship 0 Property Zoning RT Address 00000 S_ LOCUST GROVE RD_ MERIDIAN ID Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit FS=Corrected Notice F6=Letters F10=Tax Exemption Flag _ D.D. _ Action: 01-10 SA MW KS IM II S1 AS400 KB • • PFMDOl 97 M A S T E R U P D A T E Parcel S1108233619 Code Area 210_ Type Qty Name B W INC 120 4.600 Buyer C/O Address 250 BEECHWOOD DR STE 120 BOISE ID 83709 - 0944 Last Change 94/11/07 By ASR ALLEN Total Desc. PAR #3619 OF S2NW4 SEC 8 3N lE #9258975 03NO1E083619 3N lE 08 7/31/97 14:57:46 Value ACTIVE_ 48900 Bank Code Lien Code Prepaid L.I.D. Bankrupt _ Sub.Code Annexation *NO Notes 48900 Exemption Hardship 0 Property Zoning RT Flag Address 00000 S_ LOCUST GROVE RD_ MERIDIAN ID D.D. _ Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax 01-10 SA MW KS IM II S1 AS400 KB • • PFMDOl 97 M A S T E R U P D A T E Parcel S1108223550 Code Area 210_ Type Qty Name CARR LINDEN L 120 6.340 340 Buyer 990 C/O Address 1190 N LOCUST GROVE RD MERIDIAN ID 83642 - 5926 Last Change 94/10/06 By ASR_DIXIE Total Desc. PAR #3550 OF W2NW4 SEC 8 3N lE ' #9162356 03NO1E083550 3N lE 08 7/31/97 14:57:19 Value ACTIVE_ 43400 82700 Bank Code MLP 41350- Lien Code Prepaid _ L.I.D. _ Bankrupt _ Sub.Code Annexation *NO Notes 84750 Exemption Hardship 0 Property Zoning RT Flag Address 01190 N_ LOCUST GROVE RD_ MERIDIAN ID 83643-0000 D.D. _ Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax O1-10 SA MW KS IM II S1 AS400 KB PFMDOl 97 M A S T E R Parcel 51105346615 Code Area 03 Name WESTSIDE BIBLE CHAPEL U P D A T E 7/31/97 15:01:02 _ Type Qty Value ACTIVE- - 210 3.620 236500 420 207400 Bank Code Buyer C/O Address PO BOX 903 Lien Code Prepaid _ L.I.D. _ Bankrupt MERIDIAN ID Sub.Code 83680 - 0903 Annexation *NO Last Change 96/06/17 By ASR KINSH Notes _ Total 443900 Desc. PAR #6615 OF SE4SW4 PAR # A R/S 2737 Exemption SEC 5 3N lE #346600-B Grp 145 Typ 164 Ap #94006343 44 45 94043161 - 64 03NO1E056615 3N lE 05 Hardship 0 Property _ Zoning C-G Flag Address 02040 E FAIRVIEW AVE MERIDIAN _ ID 83642-0000 D.D. _ Space # Type 1 REAL Roll 1 _ PRIMARY Occ. 0 _ Action: F2=Select F3=Exit F5=Corrected Notice F6=Letters F _ 10=Tax 01-10 SA MW KS IM II S1 AS400 KB • PFMDOI 97 M A S T E R U P D A T E Parcel R7104253'760 Code Area 210 Type Qty Name MYALL TRUST THE _ 150 13.390 MYALL T E & B C TRUSTEES 190 2.690 Buyer 370 C/O Address 6227 MARLBOROUGH DR GOLETA CA 93117 - 1637 Last Change 96/06/25 By ASR_CHADWL Total Desc. LOTS 18-20 INC PLEASANT VALLEY SUB #9383896 01520000018A 3N lE 08_ 7/31/97 14:52:50 Value ACTIVE- 267800 Bank Code 20700 Lien Code Prepaid _ L.I.D. _ Bankrupt _ Sub.Code Annexation *NO Notes 288500 Exemption Hardship 0 Property Zoning RT Flag _ Address 01470 N_ LOCUST GROVE RD_ MERIDIAN ID 83642-0000 D.D. _ Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax O1-10 SA MW KS IM II Sl AS400 KB • ~, ~ ~i, ~ ~ ~ t~/'It~Y. 5505 W. Franklin Road • Boise, Idaho 83705-1055 Econo Lube Subdivision Boundary Description A portion of the northwest quarter of the northwest quarter of Section e, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest corner of said Section 8, which lies N89°59'16"W, 2,652.63 feet from the north quarter comer of said Section 8; thence S89°59'16"E, 1,037.55 feet along the northerly boundary of said Section 8 to the northerly extension of the westerly boundary of Lot 7 of Pleasant Valley Subdivision, as shown on the official plat thereof on fife in the office of the Ada County Recorder; thence S00°19'14"W, 36.51 feet along the westerly boundary extended and the westerly boundary of said Lot 7 to the southerly right-of-way of Fairview Avenue, which is the Rea/ Point of Beginning.• Thence S89°32'56"E, 246.65 feet along the northerly right-of-way of Fairview Avenue; Thence S00°19'14"W, 416.60 feet along a line parallel to the westerly boundary of said Lot 7 to the centerline extended of Wilson Lane; Thence N89°59'16"W, 246.65 feet along the centerline extended of Wilson Lane along a line parallel to the northerly boundary of said Section 8 to the westerly boundary of said Lot 7; Thence N00°19'14"E, 418.49 feet along the westerly boundary of said Lot 7 to the Rea/ Point of Beginning. Comprising 2.364 acres, more or less. Prepared By.' Joseph D. Canning, LS 4> 16 Date: August 13, 1997 • • ~• ~ ~• ~ji ~,yZpph~ ~IUY. 5505 W. Franklin Road • Boise, Idaho 83705-1055 Econo Lube Subdivision Annexation Description Commercial Zone A portion of the northwest quarter of the northwest quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest comer of said Section 8, which lies N89°59'16"W, 2,652.63 feet from the north quarter comer of said Section 8; thence S89°59'16"E, 1,037.55 feet along the northerly boundary of said Section S to the northerly extension of the westerly boundary of Lot 7 of Pleasant Valley Subdivision, as shown on the official plat thereof on file in the office of the Ada County Recorder, which is the Rea/ Point of Beginning.• Thence continuing S89°59'16"E, 246.65 feet along the northerly boundary of said Section 8; ° ~~ Thence S00 1914 W, 455.00 feet along a line parallel to the westerly boundary of said Lot 7 to the centerline extended of Wilson Lane; Thence N89°59'16"W, 246.65 feet along the centerline extended of Wilson Lane along a line parallel to the northerly boundary of said Section 8 to the westerly boundary of said Lot 7; Thence N00°19' 14"E, 455.00 feet along the westerly boundary of said Lot 7 to the Real Point of Beginning. Comprising 2.576 acres, more or less. Prepared By.• Joseph D. Canning, LS 41 >6 EREp Date.• August 13, 1997 - 1 ~- 4116 Q ` ~~iS- 9 r!~ cs r F o F ~~ ~~ \H D. Ca~~ • • ~~ (~ ~i. ~IZ~~~ ~INY. 5505 W. Franklin Road • Boise, Idaho 83705-1055 Econo Lube Subdivision Annexation Description Entire Property A portion of the west one-half of the northwest quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest comer of said Section 8, which lies N89°59'16"W, 2,652.63 feet from the north quarter corner of said Section 8; thence S89°59'16"E, 1,037.55 feet along the northerly boundary of said Section 8 to northerly extension of the westerly boundary of Lot 7 of Pleasant Valley Subdivision, as shown on the official plat thereof on file in the office of the Ada County Recorder, which is the Rea/ Point of Beginning.• Thence continuing S89°59'16"E, 246.65 feet along the northerly boundary of said Section 8; Thence S00°19'14"W, 1,562.09 feet along a line parallel to the westerly boundary of said Lot 7 to the southwesterly boundary of said Lot 7; Thence N65°28'38"W, 270.42 feet along the southwesterly boundary of said Lot 7 to the southwest comer of said Lot 7; ° ~~ Thence N00 1914 E, 1,449.90 feet along the westerly boundary of said Lot 7 and the westerly boundary extended of said Lot 7 to the Rea/ Point of Beginning. Comprising 8.528 acres, more or less. Prepared By.• Joseph D. Canning, LS 41 >6 Date.' August >3, 1997 • • 5505 W. Franklin Road • Boise, Idaho 83705-1055 Econo Lube Subdivision Annexation Description Residential Zone A portion of the west one-half of the northwest quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest comer of said Section 8, which lies N89°59'16"W, 2,652.63 feet from the north quarter comer of said Section 8; thence S89°59'16"E, 1,037.55 feet along the northerly boundary of said Section 8 to northerly extension of the westerly boundary of Lot 7 of Pleasant Valley Subdivision, as shown on the official plat thereof on file in the office of the Ada Coand the wester) h boundary°1of' said Lot 70to t~e along the westerly boundary extended Y centerline of Wilson Lane and to the Rea/ Point of Beginning: Thence S89°59'16"E, 246.65 feet along the centerline extended of Wilson Lane and along a line parallel to the northerly boundary of said Section 8; Thence S00°19' 14"W, 1,107.09 feet along a line parallel to the westerly boundary of said Lot 7 to the southwesterly boundary of said Lot 7; ° ~~ Thence N65 28 38 W, 270.42 feet along the southwesterly boundary of said Lot 7 to the southwest comer of said Lot 7; Thence N00°19' 14"E, 994.90 feet along the westerly boundary of said Lot 7 to the Rea/ Point of Beginning. Comprising 5.951 acres, more or less. Prepared By.• Joseph D. Canning, LS 4116 Date: August 13, 1997 • • ~~ (~j ~i. ~/Z~tilat~iZ~ ~INY. 5505 W. Franklin Road • Boise, Idaho 83705-1055 Econo Lube Subdivision South One-half of Wilson Lane (South of Subdivision) A portion of the northwest quarter of the northwest quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest corner of said Section 8, which lies N89°59'16"W, 2,652.63 feet from the north quarter comer of said Section 8; thence S89°59'16"E, 1,037.55 feet along the northerly boundary of said Section 8 to the northerly extension of the westerly boundary of Lot 7 of Pleasant Valley Subdivision, as shown on the official plat thereof on file in the office of the Adde oand the westerly boundary of'sa'id Lot 70to feet along the westerly boundary eaten the centerline of Wilson Lane and to the Rea/ Point of Beginning.' Thence S89°59'16"E, 246.65 feet along a line parallel to the northerly boundary of said Section 8; Thence S00°19'14"W, 30.00 feet along a line parallel to the westerly boundary of said Lot 7; Thence N89°59'16"W, 246.65 feet along a line parallel to the northerly boundary of said Section 8 to the westerly boundary of said Lot 7; Thence N00°19'14"E, 30.00 feet along the westerly boundary of said Lot 7 to the Rea/ Point of Beginning. Comprising 7,399 square feet, more or less. Prepared By.• /oseph D. Canning, LS 41 >6 R E p ~ ~Y Date.• August 13, 1997 . N4116~ S !~ O F ~~ ~~ ~yD.Ca~~ •... N 1_I V .... 1.; ~ " P t 1.1 -1 ., ~ • August 14, 1997 Tv: Meridian Planning and ~pning Re' Econo l.ube N' Tune Fairview Avenue, Meridian Idaho 6., signature below 1 agree to pay any additional sewer, `^~ater °r trash fee or charges Y associated with our use of the subject property• !` ~r Signed: Date Gary t~epburn Econo l,ube N' Tune • r-a~ Ir,. 9 ~, '1'a~~;~ d f ~7Fht'M ClaK RUTO rrt~,. •IR-,~ F''P, 1 1 EXt3IB,IT 'rE•x" 1'O PtaRCI~ASE A4RET1ylF~iT RECIp'RQCAL FASEMEN'Y' A1~TD COVEIVAN'r AGAEI~MENT wH.Ely RT,~oRDLA, It~T[IR~1T TQ: CSK AUTCI, Ti~C. ~5' E. Missouri AY~e~, Suite 400 Pbocnix, A.Z 8SQ12 Attn: Lt~I Aopx, REOxPROCAL EAS~IM+~NT' ANi~ CQV~NANT AGItF,isM1JNT This RECIPROOAL EA$1?.M~N'I' AND CQV+TAN''r' AO1~FM'E1~1'Y' {this "~'~ is eatared into as of thss „„day of , 1997 by ECONt~ ~U~~ N' 1±, INC. {"~"). CSK AUTO, INC, ("~~.,,~, ~), attd SCKRANDT LtMT'T'!~D $ARTNERSHIP ("~S"~~ WTTNESS~~,TI~: 1~RTAS, TLNT ~ ar will ba the owner of catKaia roal prapartY (the 'rpm' ~,"y situated iu the City of , Coutaty of Ada, Stake of Ida1~a legally desa'ibed on Ex>u •t_nA"_ and idoz~fied as Exh,_, ' bi~, ~xhib_ a~ttd „ r~ ate attachod 1'~ereto au~d ino0rporattod h+seera by this reFecence~ W~1tlr'AS, CSI. is or will be rho gwtur o~ certals: teal propQr4y (tho "~.SY=") situstod iu the City of _~ Cotutty of Atla, Mate of Idmho, Zy described oa ~ b' rr n ~ hereto rand incorporated .herein by this reference, and identified ott .. " ,'. yVHER.EAS, Schraadt is or wiI! be the owns off' certain teal properly (the rrSclirandt Parcel") ~i~ated' iyn-_tha City of yN , Coun~tLy~ of Ada, Stet+o,,,~of~~I~d~a~x~wa. lcgallY described on 8xhibi "C„• ~` 11~~ ~ u~coiporated harem ~ 1iA5 1'Of'~~lC~) ~ ident~ed ~ 11 11~ VVH~AS, the EI.ATT Parcel, the CSK Parcel, aid Sahraadt Parcel are ar will be atijotiaimg parcels; ~~AAS, ELNT, CSI and Saluandt do~ire to grmat to one auotliar end ELi~1T, CSYC and Schrandt desire to accept fxotn onr another, oadenle~rits in partitaas 4f tl~a ELNT Parcel, CSK Parcel and Sebreyadt Parcel for acca9s, ingroas and ogress purposes to and from Fairview aAd Locust Grove as shown '1VOW, T~RTbrORP, in con$;deration ofthe mutual promisOm aad coveaauts coataiaQd heroin wAd otlics' good and valuable coIISideration, the reooipt Auld st~cienCY of whiC1~ ArrO herby aclwawledgcd, ELNT, C~I~ and Schraudt haraby a as follows: 19 ~ w~~ra in this a • cnt, tan ~allowiu wards r~ Ya add~ttan to tb~ wordy at~d 1arna~ de~iA~d al~g pr ~ tarmo ;shall, as uaod its this Agreoment, Dave tha follovrinit meanies: 1;-~'xNY~i~NS ~'I~ecupant" means TLNT, CgK, Schraridt ar suY other parson from time to tirttte entitled by lease. deed, ar +other iastrumeat or Eirrr~t$Cmtnt, to use and preppy tlss ELN'r Pared, CSK Parcel or Schraudt Parcel. Sraiion~.3 P.a~ 'Party'' uteans "E~Iw1T", „CSIC'' Off'+Scizrarnlt" and "Pardus'' means all of tlu foregoinS, or say suaeessar PMSou(s) acquiring any interest of a Party in ar is say portiea of su4h 1'arty'e Parcel. „Parson'' ar''Persans" means individgala, ptaslugs, fume. associatioasr corporatioAS ~danY atber form of businass ar gaver~ent organizadoa or entity, or ona ar more of than, as the conuxx maY ~1• Secfii- a~ t~'u~~-re~s. The '~Eagement Aress'~ shall mesa sad refer to such portions o~ ~ tutor's has defined below) Parcel as are stow or hereafter from Bute to time sot aside air intended tq be set aside, tttaiutaiiued and authQrf~ad for the pas~gs and parkft~ of vehicles and far Peden a incidental tltaxc~to, sad for parlang including, witbaut limitation, trafixc lanes, a~eles, roadways. vehielaperkiu8 fills, wallcr~vays, curbs, gutters and landscaping within or adjacent to any such areas, grads sa~aratioAs, including borxns and retainistg wtdls, witbiA or adjaCGat to said arG$a, lighting staadacrlis. traffic and dirocdoaal S~gAS. sad txafflc striputg and markings, arrd ell other improvemetrts which at any time am erectod oa such areas far ttte purpose of accotnuaodating the foregoing uses. ~D~ ~rstntar: Grantee (a) A Party granting as taserrtont is called the "Grantor", it being intended that the gra~at shat! theroby bind end include not only such Party but also its successors and ~sigas. ' (b) A Party to Whom tha eas~at is gtartted is caJlcd fihc "Greater'', it being ittt~'tdad that tha grant shall benefit sad ist+clude net only ~vch Pasty bKt its sucors sad asaign6; elthougls trot for thQ direct bextefit of occupants or pet~tsitteea, the (3rautee away permit frattt tine to titer its ocaupaata and piermi~a to use such easements, provided that ao such paaaission nor the division ofdie dominQut estata shall petntit au.ca~t.~wmvuRaFr~s~x~r~w,+ c~a i~~ i~ tgr' 20 e o eaaet in excess of the u~ cvutC lava 4aoa or tho cr~-tlon of s~wtz or result u- a us f the ~' e~ament. (c) T'he word "ia" with respect to au easetn~st $ratited "ia" a Particular Farcel mrans, as the context n• '~ "t0", "aa", '~OYCr", '~throu~", "1~p0A~~, '~BCriQSS" aAd "tu~des", 4t ~ one or mare of the may 10Quire, us , ~or0$OiA~. (d) Tho great of any casement by s Grantor shall bind and burden its Parcel Whzch- shall, for the purpose of this Ag~ememt, bo deemed to be the servient tm~tt; provided, however. that where only a pardon of the Parcel is bound and bu~rdenecl by the easesaet3t, aulY fleet pOrtiott ~Il~.be deed to be the setvieut tenetr-ent, ' (e~ 'rhe grant of an ~~ to a Ciraatee shall bGae~it and bind its Parcel which shalt. for flee purpose of this Agmcmcnt, be deCtned to be the dominant teneraeat; pro'~ded, hawtiwa, that wltcse only a portion of the parcel i& so benef teed, only that portion shall be deax~ed to bt tqe doptirsarit tettana~ (fy All caseaaeats ,gra~oted herein are nos-exclusive a:sd are irrevocable ~ paclaetual. (g) All easettsents horeits sltiell be eastatet-ts dppltrteaaat and not eas~aents iu gross. ARTICY~E 2 ~• Ue,~~ of ~~mo~t,~~. The pt~ of thus Agreemecu is to provide oolY for vellicgler and pedestrian aaress fl~r ingress and egress ~ and frcnn the FsI~NT P+sccGl, the CSK Parcel and the SG11tAndt Parcel iri the Ea9e~aent Areas, to and from and ~,• EL~1T, CSK aAd Sohrat~dt each agrees for itself and its agents, employees and cotbotp to use the Easement Areas in a man~nor fhUy coaaglyfng with all laws and other legal requirements. EL>\1'T, CSK sad DH each reseav~es the right to limit aa$ regulate ddving and walking is a wally reasauablo manner itt its xesp~ive Easement Aran; provided, hovrrovcr, thatncitlsar ~LN'!' nor CSKnarDa rn~y (i) unrca~nably intcxfarc with ar itnpatr the other party's Frights hereunder or (ii) erect or permit to be erected any sign, fauCe,.wall, Foie, pfpe, poet, structure or other facility so as to prevent the iYee flow of traffic aver ar-d across the Easement Areas. Nottvitlsstandutg anything in this ABxatmcnt to the eantrary, ~ Parties da not infant that this Agxteasent permit ar providC for reciprocal parking for Clio EI.NT Pat+aal, the CSK Parcel and the A$ Paresal, ar by ar 6dtvvaea any of said parcels. (a) ELNT hereb~r g:snta to CSK as casemteat app~utenatit to ~ CSK Parcel, tenet to Y]~, sa easamcat appurteaaat to tba 1~B Parcel, feu the pucpasos Mated is Baetan Z.1 of thin Agsrrmart, is iiu EY.1~T'I` Patccl. G,tt,EG~ulwr~uxc[t~M; ~r~1 dee t4 t+ar+ 21 (b) CBIG ha~eby a~s to ELNT an oaenmont appurtcnpnt ~e ELNT Po-roel, and to D8, an ~onsomont ~ppurtauwt to rho DH P~roa1, far the purpn~a~ tad in ~aation ~r 1 a#' ~;~ A~tORiGABr ~ t~ c~ic Perwi. (c:) DS hardy ~rctnts to TL~1'I' wa aa~ostasat ~pu>•toriant to the ~~.NT Peal, and rQ ~SYC, an easement appurtenant to the ~SYC Pascal, for the purpasas sot forth in Section Z, l of this Agrcwnettt, iu the ]a$ Pat~cl. ~~ . 'Y'his AQrecna~nt is intended for rho solo use of the present >tnd future ocaupan~ trat~nts, entplo, inVitcos, permiteos and ousetomeis of the re~poative beriefit~d parties and is trot istteuded, nor Ill it ba eoustnted, to crests say rights in or for rho bpucftt af.the general public, ,~x~e~ ~ GrN~AL PROV'XSIOIy'S .~~. ~:crc Excik~va Use c~nsr„c (a) ELNT, •uvith nrspcet to the EI.Nr Parcel, and Scbrandt, w~ttlt respect to the S~ratsdt Pad'eel, sash covenants and, agrtas that na portion of their resp~ve parcels shall be used for the rl rile of auto parts, aCCassorl4S or sorVi~s, eXCCpt ~ au tr~lmtal L19D ~de~od as dev~ix-g lass t~l ten (lOlo) per+c~xt of its floox space for tlu eels of such praducts)~ fox so laog as the Party or Occupant vlrtth respect to t8e CSK Par+:ol is ' or iuteads to use the CSI Parcel for such pu~~ (b) GSK, with respect t0 the CSK Pat~ael, and S~braadt, With lPSpoGt tst the SaluaAdt Parcel, each covatazits and agraas that no parties of t}xcax respaciivc pat>rels X11 be use for the stele of riutontotive s+rrvicGS or repairs except as an incidental use, for sa long a~ the PsrtY or Aacup>~ with respect tia the ELNT Patel is usinS ar itst to use rho P.t.N''f Parcel for such purpose. (c) CSK, with rGSpect to tltc CSI Parcel, and ELNT, with raSAort '~ ~ ELN3' Parcel, each covozta~ts a~ •agtoc$ fibat t-o portion, of #luir rtapc~vo Parcels shall l~ u~d £~' tlu Salo of bgildi~ supplies and materials for sa lang as the Pst~y or Ctic>~upant wilt respect tv tba Scluarid~ PatCCl is It9lttg or intend9 to ust the Schrandt Parcel for such purpose. G:11.EiGAL1WPWUACKA'~1MI:R1A1'11~1A 0141 t01h 16.199! (rir ~ ~xTZCZ~ a ~ ~~~ ~~ov~xarrs Txi~ Agr~tcnt run with rho lava as respect9 btudC~ created herein and shall be binding span all P+asoas having or acquiring aA interest itz the P.I,NT Parixl, CSK Parcxl, D8 Parcel, or arty port~4n9 of such Parcels. The betu~ts o#" this Agreexneat shall inu~d to the beAdfit of the reapccpve "Pardee" a~ad successor "Patties" as beroia dofuted. ,r ~ d ,C'OVe,~e, sta. Ron wit the Y--and Yt is imm~ded that rho cavettaisrs, eaaentents, agret~a pro~aises +mci duties of each Pally as set forth is ibis Agroettunt shad be cQastrucd as caveltauts and net as conditions, that, ~ the tallest extent legally passible, alI such coveaatns shall run wick the laud sad canst~tie equitable servitudes as bet-vepn the Pares+l of the respecetive covenantor, as the s~vieat seaesrtent, aqd the Parcel. of the receive covenasttee, as the daeniaaat tengeaent, binding ypott the seryieett ~aottseat and besu~tting the dominant gent; provided, l~pwevee', that snob bdnafila sltalE be enforceable aaly by the Patty sa to tlto dao[nieaant Parcol. Mian_ _4.3 ~!silurs 7'o perform, If aAY party hore~w !bile, rrrfitsos ar bcglacts to parPartrt adoquataly ire duties hereeueder ar m honor its obligations heretmda' tp one ar rgore parses heretic, the other party or parties rtta~-, is addition co wbattvet rights it or they may be eautlai td pursue at law or iu equity, give written tigtiGtr of sgcb failure slid if the pat'ly seceiviug such twtico fails to r~- Qr o~ each failure within a carnmercially reasonable time as may ba sot forth ist stitch notice, the other - or parties may roctify pr cure such ihilurc sad the naa+~oenplyfng parry fall prainptly, upon ptesentatian of as invoice titerefar, reimburse the perfvtmiag party or partioa for ilea costs ittclurod by it or thxm in Porlbt~si~ such work, pleas as additional ten percait (I0~6) of the total cast the~of for overhead and adatiriiatarative P~o~• ~,pciio~ Amen3enent. This Agredaeeat msy not be amended, madded, terrtainated or relaase~l r~rithoeti the written consent of all of the parties hereto, oar the st-coQSaors m iuterost. raspectivelq, to t~ FT.NT Parcel, the CSK Parcel and the DB Parcel, ~ ~,~, If eay form or provision of this Agreement is held to be invalid or ttneafarceabla by a cnuct of competent jurisdict.iote, tiYea such 1>nlding shall not affect any of the remaaiaittg terms and prnvisians of this Agreement, and the saw smell continue to be eive to the ~Uost extant pgcmitted by law. ~ectinu d 6 cgs. All notices and other communicatianns to be gluon bc~mde~r shall be in vvritittg sad shall be deepaed to have beds giviea either bar (a) personal delivery (bY Iocal cozu+iar), (b) raa»ipt tnt,~w~nruetctu~eoa-~.~ Ian) >~ ~& t~ 23 ec~ be ow i~ret ct~u+s tC st~rect or cetcd wait, return r~Ipt r~oque~tnd, at ttse applicable acldresa sp ~ I by 6i postage prepaid, or (c} overnight delivery service ~e.g. Airboraa ~apress), a~dressod as ~ollowa: ' ,' To CSY~: CSK Auto, Inc, 645 E. Missouri Avenue . ~ Suits 400 ,' ~ ~ Phoe4ix, Ari~na g5a12 Arnnt{ou: Lagal ~apartmgst To TLNT: ~coaa Lug N' Tune, )~ttc. P.O. fia~c 2470 Newport aeach, CA 92658 . A~ontions Deautis D. Thoa~ton To ~B: Behrendt Lirnited P~rmetslrip Atuntion: Ii~idturd Scluaadt or at any other ndriress desig~ted lay C~K, ELN~' or U8 in writing, in the r set forth in this Beefier!. Auy stYCkinatice~or camenunicatioa shall be deemed to have been given &s aftise date ofdelivery (vv~Cr or uat its~ivod by the pcrsoa to which attastioA notice is directed at such address) if band delivered, the date of receipt {whether or not received by t~tc pan to whose a~ntiop:iatiee is dir~ted at such acldroes) if scat fay overnight delivery service, nor es of fhreo {3) days der tbG of mailing if mailed first class registered ac certi5+~d. [S~NATYJI~S ON' NEXT PA~E~ ~ru~a-r.1wr-rux~rnssu+®nmr~W.~ (~ 1~ ~a, i~ ~4 S VV~1~F the ~OS t1~ve executed this A~4t~t as of tT,a 4~to rlrst writtou ITT WI'I'NNr~S above CSK AUTQ, INC., aA Acizaea carpgratiaa gay: Its: Vice Prmside~t By; Its: Assiatattt Secretary Dated: ~,CCNo LLT~B N' TUNE, INC. Ey; Itg: ay: . . Its: ~, - -- Did; __ SCIiTi.43~DT LIMITED PARTNirKR33HIP ~sy_ Its: ay. _ Its: Dated: "Q;1T '~I~1W1MflJACE1~-dII1A~RIDGkN~4~ ~ lane 16, a'3P! ~~ • • s~r~-~ o~ a~z~NA ) ~. County of 1Vlaticop~t ) On this day of ^_: 1997 bafare rno, a Nata~- Public of Atizoua, pa~anulIy aAP LQN 8. N4VATT anal IC&VIN ~. GRdMAN, persoAa]ly known to me ar proved to me on the basis of 9etisf$ctorY evidence to be the person(a) whose uarae(s} is/are subscribed to the witbia iustraaaeut and aclanovvledScd to uu that he/shehhey executed the sauce in his/ber/tl~ir authorized capacities, end tbet by lu~Jhar/their siguattue(s) on the ~t tIu parson(s) or the entity upon behAlf of w>sich tba parson(s) acted, executed fife i~truzaaYSt. 1~VYTNESS my band and afEaial sesl. Notary Public lViy Coauuissinn F~cpires; STATE flF ,~,~,,,,,,,,,,,_, ) as. Canary of ____,_ ) Qu this „_,,,,~ day of =, 1497 before me, a eatery public, paY appeared _~ ~..._.., and -- > riergonsliy' laiawn to me ar pmved #o me on flu bads of factory evidence to be the parsaAS wixose tu#uses lie subscribed to the within inSt~maAt euct acknowledged to uu that they executed the saaur is thou authorized c~city, aAd ibat by their sigaatwnes en tbe~ iastzvroaat tier ondty upon behalf of which the Berson acted, pcrcutcd tba init. wlT1vESS my baud and pi~icial seal, Notary Public My Commission ~acpixes; crv.~~u,~wa~rcrneHnsatrss~u-r~.~ (~) sane ib~ ~~r 26 ~iT~-T~ QF ) dB. Ct~unty ~f ) Ou this .~ day of .,~...,,; 1997 bctbra ~a, a notary public, ,periot~lY mplao~re~d ----- ~ _ -- . parsanally kaaowu to nae or proved to me om the basis of satisfaatrory evidence to be the person ~rl~osc name is subscribed to tlae within iru~t and acknawled,Qeed to me chat helshe executed the soma in hisl~iar auti~oriu~d capacity, and tbst by hfsllser signature on tha instxusaaezxt tJae pereon ar tlae entity upon bel~lf ~of which the person acted, execrYted.tlae ia~t, ~VPI"iVESS niy lased acrd a~'icial seal. ,~.. -- .. Notary pubilc Nfy Cnrumi.ssion Expit~s: ~r~ac~~ ~ Ill ~~ ta, ism x7 • ~Y'T ~~A" TO C~i'RQC11L ~A~~MFIYT AfIt~~T I.TGA~ I~ESCIi~I'TIaN OF ELT PARCEL 2~ ~~FHi~~ i ~11 A M •Mk~-A~ AwMMR'M~ W/~~~~ ~~~ i.,Ft~AL TIFn9CI~l''t'i4N AF qS~ pAii~~:Y• w~v~t~FW+cFl~9tlplAiJ,4 tYh) ~ar~l~. X497 29 FX.l~~3~T~" xp ~CIP~cQCAi. ~~ ~' 'J.' 1~[r.K.~'+ki117.L+'AI'1' ~,~frAL 3~~SCIi11'TIUN OF bC~.iZANDT PARC~I~ 4;1L~AL1W~1l1J~u0~tAs[i1b~L1 (~h) lwa 16, 7947 30 • T~XHIHIT ~'D"'1~A ~Cy'PROCAL F.A,STMT~NT AGMI~N'I' S1TI4 PUAN ~;u~-t.~wtwuw~+s~raa~M~x,~ 4~ ~ s~ ~~ 31 Meridian City Council November 18, 1997 Page 3 Corrie: Motion made and seconded on the decision as read, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW ON REQUEST FOR A VARIANCE TO SETBACK REQUIREMENTS TO ALLOW SECOND FLOOR TO EXTEND 3'/z FEET INTO SETBACK BY SCOTT REECE - 2311 N. HYDE AVENUE: Morrow. Mr. Mayor, I would move that we approve and adopt the findings of fact and conclusions of law for the variance to the setback requirement to extend the 3 '~ feet into the setback by Scott Reece. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the findings of fact and conclusions of law, any further discussion? Roll call vote ROLL CALL VOTE: Mon-ow Yea, Bentley -Yea, Rountree -Yea, Tolsma - Yea MOTION CARRIED: All Yea Corrie: Motion for the decision? Morrow. Mr. Mayor, it is hereby decided that the variance of the setback ordinance is hereby granted. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the decision as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: ORDINANCE #780 - ECONO LUBE N'TUNE ANNEXATION: Crookston: Mr. Mayor and Council that ordinance was prepared with the legal description that we had, Shari Stifes just informed me that w+e do not want to annex that portion that ~nrould be the residential portion. You can pass the ordinance with that change and then I can change the ordinance. Morrow: For discussion Mr. Mayor I have no problems with that at all. Meridian City Council '~ tVovember 18, 1997 Page 4 Come: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE W '/z OF THE NW '/4 OF SECTION 8, T.3N, R.1E, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #780. read in its entirety? Hearing none I will entertain a motion. Morrow. Mr. Mayor t would like to ask Ms. Stiles with your permission for comment please? Stiles: Mr. Mayor and Council in addition to striking the R 2 zone on page 3 item C that should be changed to a 25 foot setback for landscaping and it should read along Fairview Avenue. Morrow: Mr. Mayor, that being the case 1 am prepared to move that we adopt Ordinance #780 with the following changes deleting ail reference to the R-2 parcel in terms of the legal description and on page 3 amending item C to read that the development shall be aesthetically maintained within 25 foot setback for landscaping along Fairview Avenue. Rountree: Second Come: Motion made by Mr. Morrow, second by Mr. Rountree to approve the ordinance as amended, any fiurther discussion? Roll call vote ROLL CALL VOTE: Morrow - Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Morrow. Question for Counselor, I eliminated inadvertently the phrase with suspension of rules, would that be pertinent? Crookston: Yes it would. Morrow: If Mr. Roun#ree voluld withdraw his second I will restate the motion. Mr. Mayor I would move that we adopt Ordinance #780 with these exceptions removing all reference from the ordinance to the R 2 parcels, on page 3 that item C read as follows that the development shalt be aesthetically maintained with a 25 foot setback for landscaping along Fairview Road, with the suspension of rules. Rountree: Second Come: Motion made by Mr. Morrow, second by Mr. Rountree to approve Ordinance #780 as amended with the suspension of rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rounrtree -Yea, Tolsma -Yea Meridian City Council 'November 18, 1997 Page 5 MOTION CARRIED: All Yea ITEM #5: TABLED NOVEMBER 5, 1997: REQUEST FOR A PRELIMINARY PLAT FOR ECONO LUBE SUBDIVISION BY ECONO LURE N'TUNE INC. -EAST OF LOCUST GROVE, SOUTH SIDE OF E. FAIRVIEW: Corrie: Council do you wish to hear from anybody on this? Rountree: Mr. Mayor I believe we tabled this for action on the Ordinance for annexation. I don't believe there are any further questions from staff. Morrow. That being the case Mr. Mayor, I move we approve the preliminary plat for Econo Lube Subdivision by Econo Lube N'Tune Inc., east of Locust~Grove and South of E. Fairview. Rountree: Second Con'ie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the preliminary plat for Econo Lube Subdivision by Econo Lube N'Tune Inc., east of Locust Grove and south side of E. Fairview, any further discussion? Hearing none, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: TABLED NOVEMBER 5, 1997: REQUEST FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF ECONO LURE N'TUNE AUTOMOBILE MAINTENANCE AND LIGHT REPAIR FACILITY AND SCHUCK'S AUTOMOBILE PARTS STORE BY ECONO LOBE N'TUNE INC. -EAST OF LOCUST GROVE, SOUTH SIDE OF E. FAIRVIEW: Bentley: Mr. Mayor, one of the things we had discussions on this was the type of signs. In our packet we have pictures of mark ups of two signs, one for Econo Lube N'Tune it is 8 foot by 6. And the other one is for Schucks that is 16 feet, the drawing shows 16 feet by ten and that is not acceptable for a monument sign in my estimation. I would not be inclined on this update for 12 foot by 6 foot. Twelve foot wide is going to be pretty excessive. I would like to hear comments from staff if I could, Shari? Stiles: Mr. Mayor and Council the applicant has submitted in your packet monument signs throughout the City. It does show that at least the Schudcs in this case would far exceed anything that has been constructed in the past on the monument except for the Fred Meyer. I don't know if they could go lower and not have the larger expanse beneath the signs. Other than that Meridian Cit Council • Y November 5, 1997 Page 19 limited to five feet. If you had a 3 foot overhang on a 5 foot setback that means on your second story you have got 2 feet from the side of your projection to your property line or your fence. Even though it is a second story in this case and I guess it would be in any case you could sure cause concern or havoc with that side yard setback. Rountree: I believe our side yard setback says there is five feet for each story. Smith: Right, but even on a single story if you project it out and you cantilever out off your foundation three feet for some kind of a projection you can still wipe out your side yard setback. Corrie: If your neighbor did the same thing you could really have some trouble with the fire department. Smith: That would need to be taken into consideration and again I don't think it is a concern on the front and the rear yard particularly. Crookston: If I might suggest in any event we need to get in step with the valley we don't need to be pioneers and have an ordinance that clearly is not applicable anyplace else and to some extent we may be looking here at real unusual circumstances that Mr. Smith Brings up. My own personal experience is that it is not unusual at all to have window outcroppings of a foot or so go within that side yard setback. They are approved by various building departments that I have built in and. by the CC&R's of the local subdivisions. So we need to take a look at this and get in step with the rest of the valley. Bentley: Mr. Mayor, maybe we ought to pull that ordinance out and put it in the workshop and take a look at what we can craft around and clean it up. Morrow. Very good, I agree with that let's put it on the agenda for our planning session. ITEM #13: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 8.5 ACRES TO C-G AND R-2 BY ECONO LOBE N'TUNE INC. -EAST OF LOCUST GROVE, SOUTH SIDE OF E. FAIRVIEW: Corrie: At this time I will open the public hearing and invite the representative of Econo Lube N'Tune Inc. to step forward. Patrick McKeegan, 218 S. Cole Road, Boise, was sworn by the City Attorney. McKeegan: I would like to preface my remarks that if I grimace tonight it is not in response to you I have an injured back. Two items of clarification before I start. In the notification for the public hearing it says annexation and zoning of 8.5 acres it is my understanding that the rear 5.5 acres was withdrawn from the application, is that correct Shari? • • Meridian City Council November 5, 1997 Page 20 Stiles: Yes, but the application is going forward as originally requested. McKeegan: 1 have discussed the next item with Shari, on page 43 of the revised findings of fact and conclusions of law, item I on that page reads establishing the 35 foot landscape setback as suggested under the comprehensive plan and landscaping the same. All previous approvals of this at the Planning and Zoning Commission were for 25 feet and that was recommended originally by the Planning Director to be in conformance with the property to the west. So that you would have uniform landscape setbacks along Fairview Avenue on this side of the street. I wanted to clarify that and make sure that was entered into the record that the 25 foot was what was approved and what we have always been designing to. With those two specific requirements I just take your leave, there are three items here that we are going to be discussing tonight, I would be glad to give you as much information as you would like concerning the project. It was discussed at length at the Planning and Zoning Commission and approved in that venue. We have conformed to all of the requirements that have been requested by the various governmental agencies that have reviewed the project and unless you want me to elaborate in any more detail I would just be here to answer any questions you might have on our request. Corrie: Council any specific questions at this time? McKeegan: Representatives from Econo Lube and Schucks are here to answer any questions you may have and also Joe Canning the engineer that prepared the plat is also in attendance. Corrie: Is there anyone else from the public that would like to issue testimony at this time? Morrow. Mr. Mayor, can I ask a technical question here, is it possible to combine these testimony for these four fellows for all three items that they testify one time given the fact that there is nobody here from the public to offer any other testimony? Corrie: Council I don't see any problem with that do you? Crookston: With the consent of the applicant's that would be fine. McKeegan: I would not object to that. Morrow. That being the case then I would like to hear from each of the members of your team Mr. McKeegan and a short presentation by each. Dennis Thorton, 13571 Carol Way, Tuston, CA, was sworn by the City Attorney. • • Meridian City Council November 5, 1997 Page 21 Thorton: I guess as a way of a presentation Econo Lube N'Tune is the moving party here, we are under contract to acquire this parcel of land in a development agreement with Schucks to. divide the land as well as have it annexed. We are planning a 2800 square foot facility there oii little more than '/ acre. We will provide adequate parking. Our hours of operation would be typically about 7:00 7:30 in the morning to approximately 6:00. It would be very rare that I vuould find anybody there after 5:30 actually but just to be conservative I would tell you until about 6:00. On Saturday's it would be typically 6 to 5 Sundays as well. Sundays would be kind of a community situation, some communities we found it beneficial to close on Sundays because we don't have a sufficient. But the company vuo~ld attempt to operate on Sunday. We have put forth a design that we believe would be attractive for the community, an excellent presentation. We placed the building back as far as it is so that it was uniform with the adjacent development so that we could have cross access across the front. We have also done that, we stage our customers to the front for a couple of reasons, one is to provide that the customer can go in from the front and any handicapped can park there in the front and don't have to walk around the back of the facility. We also believe that it provides a little safer environment. For example this time of year when at 5:00 5:30 it is dark and we don't have people out in the back of the facility. So I don't know, we tried to conform with the landscaping once again it is consistent with what you have to the west of the property. Other questions? Corrie: Thank you Glen Buday, 645 E. Missouri Ave., Phoenix, AZ, was sworn by the City Attorney. Buday: We are planning to build as the plat shows or the site plan shows just east of Econo Lube our building is about a 7,000 square foot building. It is one of the newest style buildings that Schucks is putting up at present. We are trying to expand our services by about 100 stores a year and this will be one in the Boise and Meridian area. It has a front entrance to it, we like to keep ail of our parking up front where the main entrance is. We also like to have our front entrance face the main street which is Fairview. We try to have parking around the building but with the restraint of the size of the lot which is the only I think about 130 feet of frontage it is very difficult to do that. We would rather not have parking in the back because of the safety issues. Also people carrying their batteries or oil or merchandise to the back it creates a little bit of problem. Our hours of operation are from 8 to 9 in the evening, Mondays through Friday and also Saturday. Sunday it could be from 9 to 7, let me stand corrected the hours of operation depending on the manager it could be 8 to 7 on Monday through Friday and Saturday and, let me get this straight. The hours of operation would be from 7 to 9 Monday through Friday and also Saturday depending on the manager and 9 to 7 on Sunday. We also try to incorporate landscaping as was mentioned in the front as well as along the building. We tried to keep the drives wide enough so that we have correct circulation for the customers coming in. We have a trash pad in the back that is out of view of the front of the street. We also have a cross easement agreement with Econo Lube so that there • • Meridian City Council November 5, 1997 Page 22 is one main entrance to get into the facility and there is a cross access easement for parking as well as drive. I am open to any questions. Tolsma: Is this going to be a (inaudible). Buday: I don't think this one at this point is slated for commercial, I don't have that information in front of me but I would be happy to get it to you. It is up to the manager the size of the facility, the demographics as well. But the way the sales forecast were made for this project to allow it to be in this location I don't believe that commercial is part of it. That could change. Tolsma: I had a few people ask me. Bentley: 1 wanted to ask you about your signage, what are you planning to do? Buday: We are looking at putting our typical, do you have that package there with you I think it is in the package. Our plan would be a pole mounted sign that would be a 5 by 20. I think the package you have there shows a 6 by 24 we have reduced that to a 5 by 20. The front side would be about a 4 foot by 30 foot sign. The sign on the side of the building would be probably a 3 by 24. Tolsma: Those signs are the typical signs? Buday: Yes the typical signs, very similar to the one that is over on Overland in Boise. Bentley: Is there anyway we can get them combined? Buday: Well it is something that we can discuss, we both like to keep our independent signs for obvious reasons. I don't know how we would be able to combine them. Bentley: Have you given any thoughts to doing monument signs? Buday: Not at this point, we have discussed it but we both also discussed the fact that we need to have proper store identification which is typical for both Econo Lube as well as Schucks. But we haven't put together any designs or haven't gone any further than discussing it. It might be a possibility but we both would like to keep our independent signs. Bentley: What is your approach going to be when Boise goes to no pole signs? Buday: Well then we would have to go to monument signs. We try, we stay within all of the restraints and guidelines that the cities set forth. If that was a requirement that is what we would do. Bentley: I would sure like to see a little different signage on that. Meridian Cit Council Y November 5, 1997 Page 23 Corrie: Where do the signs go in the configuration, can you show me? Buday: Then we would have a front sign on the front of our building and then a sign off the east side. Corrie: Any further questions? Joe Canning, 5505 West Franklin, Boise, was sworn by the City Attorney. Canning: Mayor and members of the Council, I am the engineer Iguess -the last member of the team to speak tonight. I think I should start by saying I have specific knowledge of item #13 and 14 and of course some knowledge of item 15. I think I can give some direction as far as where to ask question perhaps more than anything else. If you have specific questions regarding the annexation and zoning or the preliminary plat 1 am probably the one to talk to. If you have specific questions regarding the conditional use application I know some but probably the other applicants are little more appropriate to ask questions to then myself. The preliminary plat is fairly straight forward, it is four lots. It is to accommodate of course the two commercial buildings in front. The two lots in the back are basically there because the distance from Wilson Lane up to Fairview is too much. The applicant's don't need atl that much ground. So it necessitates the addition of those two lots in the back. I really don't have too much else to add, I would be happy to answer any questions or 1 am sure any of the other team members would also be happy to answer any other questions you have. Morrow. Mr. Canning, what is the size in terms of acres of the entire plat now without the back property? Canning: The back property being the area south of ~Ison Lane. Morrow. That is correct the property that was at one time proposed to be R-2. Canning: I have that, I may have to dig for it, 2.36 acxes. Bentley: Do you have any plans on those back two lots? Canning: Not as far as the platting process goes, I may have to defer that question to some of the other team members. Thorton: At this point in time we are negotiating with the Schrandt family who owns the property to the west. They would like to utilize the back portion of that I think for some additional parking. Perhaps even to move some of bins that are so attractive up there on Fairview, backward. We are trying to work that out as well as, a± this time I am not going to represent we will have a cross access agreement, we are tying to work that out with the Schrandt's. Any other questions? • • Meridian City Council November 5, 1997 Page 24 Morrow. I have a question of staff, Shari, Mr. McKeegan asked about the condition I, on page 43, establishing 25 feet instead of 35 feet, your comments on that please? Stiles: Typically on the new annexations we have been requiring the 35 feet. In the case of D & B they negotiated so that it would be 25 feet and I just felt that for consistency there the 25 feet would be sufficient. Morrow. Thank you Bentley: Shari, your thoughts on the signage? Stiles: I would prefer to see monument signage, they did indicate in the public hearing at the Planning and Zoning Commission that if that was the desire of the City that is what they would do. Come: Any further discussion? At this point I will close the public hearing on the request for annexation and zoning. Morrow. Mr. Mayor I have no further discussion concerning this issue I am prepared to offer a motion with respect to the findings of fact and conclusions of law concerning the annexation and zoning. Bentley: I would like to have a discussion with the Council or at least get their opinions on the signage and possibly going with monument signs instead. Morrow. Mr. Mayor, in response to Mr. Bentley's question my motion was going to indicate that a condition of approval be monument signage and have the motion stand the test or not stand the test. Mr. Mayor, I would move that we adopt the findings of fact and conclusions Rountree: I just wanted to be clear is this motion for 13, 14 an 15 or 13 only? Morrow. For agenda item 13 only because we have to do, I think the proper procedure here is we adopt the findings of fact and conclusions of law and if that is acceptable then we adopt the decision. If that is acceptable then we instruct the City Attorney to prepare an annexation ordinance. And then based on the annexation ordinance we would defer the preliminary plat until our next meeting upon adoption of the annexation ordinance and then at that point in time we as a Council can approve the preliminary plat and approve the conditional use permit. Mr. Mayor, I would move that we adopt the findings of fact and conclusions of law as prepared for us by P & Z with these changes, item I on page 43 to read "establishing a 25 foot landscape suggest as suggested under the comprehensive plan and landscaping the same", the second item is a stipulation and we will label that item #33 that the signage for both businesses Econo Lube NTune i ~ Meridian City Council November 5, 1997 Page 25 and Schucks be monument signage and that all other conditions of the findings of fact and conclusions be left as written. Rountree: Second Cowie: Motion made and seconded, discussion? Bentley: Do we have to adjust the acreage? Morrow. Good point Mr. Bentley, question Shari? Stiles: Is it spelled out specifically in these findings, we do have two separate legal descriptions that delineate the C-G portion and the R-2 portion. Morrow. Well for purposes of clarity 1 wish if I may Mr. Mayor incorporate in the motion that the land area being annexed and zoned here is 2.36 acres. I do believe that it is somewhere within this document. Bentley: 2.36 is the back lots I believe. Morrow. That includes the preliminary plat according to Mr. Canning's testimony the preliminary plat would be lots 1 and 2 and 3 and 4. It is Cowie: Well the whole thing is 8.5 is that correct and the part that we are talking about as far as the request for annexation and zoning is 2.36 is that correct? (End of Tape) Stiles: (Inaudible) I guess would include the right of way. Morrow. So my point would be in terms of the motion would not need to add property size. Buday: Since you have closed the public hearing am I out of line to ask a question? Cowie: You may ask but vue may not be able to answer. Buday: I guess I don't have a problem with the monument sign issue as long as it is consistent with what is going on adjacent to us in future growth of the area like the Hollywood Video that is going in and the shopping center that is going to go in adjacent. Is it going to be consistent throughout the area? That would be my question, obviously as a businessman we obviously want to get as much visibility as we can. We want to make. this as nice an area for your City as possible. But if Hollywood Video and the shopping center get different treatment than we are I guess I would just ask that question. • Meridian City Council November 5, 1997 Page 26 • Morrow. Mr. Mayor, if I may take a shot at this, I think it is clear that further west on Fairview we have asked for monument signs in the recent past and that we are moving in that direction. Obviously within 60 days there will be a change in Council it is difficult to say and answer your question specifically that Council will see the same side of this that this Council sees. So at least with this Council our move is toward monument signage wherever possible. Rountree: Walt makes a good point in 60 days it may be the position of the Council not to allow street signage, no signage at all on the streets. Corrie: I think your point is well taken, we have, we are going to be looking at it very closely, we have other areas of concern of people next to I-84 has the same type of concern. Again Mr. Morrov~s point is the fact that we are two are going out in January and two are coming in and it could change. The matter that we are approaching (Inaudible) monument signs will pretty much be the general sign from now on. So your question is hard to answer. Stiles: Mr. Mayor and Council, 1 don't recall that Hollywood Video or the Wingers restaurant had any signage at all except what was on the building. Buday: I appreciate you answering my question thank you. Corrie: The motion has been made and seconded, is there any further discussion? Morrow. One further, the point is with respect to, and I want to offer this now although I believe it is an item that should be under the conditional use is that we should require an architect's concept of a monument sign with respect to height and so on and so forth. That is just an editorial? Corrie: Any further discussion? Hearing none roll call vote. ROLL CALL VOTE: Morrow Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie: Decision? Bentley: Mr. Mayor, the City of Meridian hereby decides that the property set forth in the application should be approved for annexation and zoning and issuance of a conditional use permit under conditions set forth in these amended findings of fact and conclusions. That if the applicant is not agreeable to these findings of fact and conclusions and is not agreeable with entering into a development the property should not be annexed. There shall be no development or use whatsoever of the property set forth in the application as being used for anything other than in the planned commercial development for retail. • Meridian City Council November 5, 1997 Page 27 Even if annexed and zoned general retail and service commercial C-G and such is approved by the City of Meridian prior to commencement of construction and is amended. Rountree: Second Corrie: Motion made and seconded on the decision as read and amended, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Morrow. Mr. Mayor, I would move we instruct the City Attorney to prepare an annexation ordinance. Tolsma: Second Corrie: Motion made and seconded to have the City Attomey prepare an annexation ordinance. All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR ECONO LURE SUBDIVISION BY ECONO LUBE N'TUNE INC. -EAST OF LOCUST GROVE, SOUTH SIDE OF E. FAIRVIEW: Corrie: At this time I will open the public hearing, you have already given your testimony but we need you to come up again. Patrick McKeegan: 218 S. Cole Road, Boise, was sworn by the City Attomey. McKeegan: Mr. Mayor and Council I would respectfully request that the testimony from item #13 be entered with this item also. Corrie: Anybody else from the public that wants to issue testimony on the preliminary plat? Council we will probably need a motion for table. Morrow. I think that is appropriate but we need to close the public hearing. Corrie: At this point I will close the public hearing on the preliminary plat. Morrow. Mr. Mayor, I would move that we table the preliminary plat to our meeting of November 18"' pending the passage of the annexation ordinance. Tolsma: Second MERIDIAN CITY COUNCIL MEETING: NOVEMBER 5 1997 APPLICANT: ECONO LOBE N'TUNE ITEM NUMBER: 13 REQUEST• PUBLIC HEARING• REQUEST FOR ANNEXATION/ZONING OF 8.5 ACRES TO C-G ~ R-2 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: COMMENTS 9-9-97 P 8< Z MINUTES SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW 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: "REVIEWED" SEE ATTACHED COMMENTS ' (/ C`. ~~ ~~ GR SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Z~ig Commission September 9, 1997 Page 20 MacCoy: Mr. Chairman, I request that the Planning and Zoning Commission of the City of Meridian hereby goes for facts of findings which we now have in our hands. Do you want a roll call vote? (Inaudible) So I will give the rest, hereby adopts and approves these findings of fact and conclusions of law. Smith: Second Johnson: Motion and a second to approve the preliminary findings of fact and conclusions of law as stated, roll call vote. ROLL CALL VOTE: Borup -Yea, MacCoy -Yea, Smith -Yea, Nelson -Yea MOTION CARRIED: All Yea Johnson: There is also a decision recommendation that has been prepared if you feel you would like to pass that on to the City Council. Borup: Mr. Chairman, I move the Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council. That the property be required to meet the water and sewer requirement, the fire and safety code, the uniform fire code, parking, paving and landscape requirements and all ordinances of the City of Meridian. The conditional use shall be subject to review upon notice to the applicant by the City unless the City Council states that a conditional use is not subject to review. Smith: Second Johnson: Motion and a second, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 8.5 ACRES TO C-G AND R-2 BY ECONO LUBE N'TUNE INC. -EAST OF LOCUST GROVE, SOUTH SIDE OF E. FAIRVIEW: Johnson: I will now open this public hearing and ask the applicant to come forward or his representative to come forward. Patrick McKeegan, 218 S. Cole Road, Boise, was sworn by the City Attorney. McKeegan: As I stated my name is Patrick McKeegan, I am the architect representing Econo Lube N'Tune. With me I have Mr. Dennis Thornton and Mr. Glenn Budue Meridian Planning & Z~g Commission September 9, 1997 Page 21 representing Schucks Automotive. I do not know if (inaudible) 1 see Cheryl Todd is here representing them. IN order to keep things short and sweet we have read the conditions of approval and 1 don't know what the protocol is if we are going to handle these one at a time or take all three of them. We have read the conditions and (inaudible) Johnson: I will make a comment on the protocol or kind of what is customary if that will help you. Normally what we do when we have grouped separate hearings in order to speed things up we solicit all of your comments now if we can get them and then we incorporate that testimony in those other public hearings so we don't have to repeat ourselves. That kind of speeds the process. Try to touch all bases as we go. McKeegan: That is what I was hoping, based on that it is my understanding that in regards to the annexation that the City has requested that the southern six acres be withdrawn from the annexation request which is the R-2 portion south of Wilson Lane and we do not have any disagreement with that. That will still leave a legal lot of record in Ada County and allow us to go forward with our subdivision process. The only other conditions that we would like to address is under site specific comments item #6 there was some discussion about the City not allowing a common storm drainage system. We would like to at least for the Econo Lube and the Schucks portion of the project request that dialog be left open so we can discuss that further. If the City absolutely does not want us to have a common system between those two parties then we are willing and able to put in individual system. Our intent was to hopefully save a little money and resources and have a common system and we would have the joint easement and agreements in place on that. For tonight's testimony I prepared a map or a site plan that indicates the relocation of the driveway as requested by the highway district which we are in agreement with Schucks and Econo Lube have come together and you have in place the proper access agreements that will allow Econo Lube to go through Schucks property and have access to their property. Johnson: Can we get that on an easel somewhere so the public can see that as well. McKeegan: The other item that was not addressed in the report specifically was that we had shown an access easement from the northern two lots on the bottom of the site plan going through the common lot line between lots 3 and 4 to Wilson Lane. The highway District in their staff meeting had requested that we remove that because they are concerned about long term cross through traffic through private property for people wanting to avoid the light at Locust Grove. In talking with potential purchasers of that property they have not indicated any reluctance to have us drop that. What we have done is we have taken that easement which also is a utility easement from Wilson Lane to lots to the north and we have moved that to the easterly property line. So our utilities will be extended Wilson Lane to the east property and then the utilities for Schucks and Econo Lube will come down that easterly access or :utility easement. At this time I would just like to reiterate that we have read the rest ofi the comments and we answered Meridian Planning & Z~g Commission • September 9, 1997 Page 22 those in writing to Shari and Bruce and would just answer any questions you might have concerning the project at this time. Johnson: Thank you very much for your presentation, any questions for Patrick from the Commissioners? Borup: At this point you say you do not have, are there any plans at all for the other tow remaining lots. What types of things are you anticipating? McKeegan: We are currently negotiating with a user in the area that would be using that for an outdoor storage of materials. But other than that we haven't actively put the property, since we don't own it and it is not subdivided. But it would be a use compatible with the C-G zone. Borup: Then, where did you anticipate access to those lots then? McKeegan: Off of Wilson Lane. Borup: From what you just mentioned about moving the easement so they are not anticipating any access through there at all. McKeegan: That is correct, they would have direct access off of Wilson Lane but they would not have, there would not be an easement to allow the northern two lots to cross through that property to Wilson Lane unless that would be negotiated sometime in the future. In discussions on the salability of that property we have been told that is actually a detriment because it restricts, once you have that easement through the center of the property if somebody was to buy both lots for instance then essentially you can't build across that line. Borup: That would make sense. McKeegan: But they will have direct access off of Wilson Lane and we are under the conditions of approval we have to improve put curb and gutter in on our side, improve the asphalt plus 12 feet of the southern half. Wilson Lane will be improved much like it is behind D & B supply to the east property line. Borup: I think ACRD (inaudible) cross access to parking lots and some of the areas in the building. I am assuming it is a compatible business that would be going in. McKeegan: I think if that were to happen then we would be agreeable to that. Their big concern was that people would start using this property during peak traffic times as a cross through. MacCoy: Are you dealing directly with D & B for that cross section (inaudible)> Meridian Planning & Z~g Commission September 9, 1997 Page 23 McKeegan: Yes, we are going to have a cross access agreement with D & B's parking lot to the west and then they have also expressed interest in that back piece but that hasn't been finalized at this time. MacCoy: Did you get a copy of this letter from Myall? McKeegan: Yes we did MacCoy: I realize it is kind of directed at both us and you. McKeegan: I can respond briefly to the letter. I can say addressing their concerns about the R-2 portion since that has been withdrawn then the point in my opinion is moot at this time. That was the zoning that was requested by the owners of the property that we applied for and the City feels it is inappropriate and doesn't want to consider it then that is fine. So all their discussion about that would be probably better held for another forum. Concerning the irrigation and the water flow, we will, there is a supply ditch that runs through our property that used to supply D & B along Fairview Avenue. It has been blocked at the north, the west corner. So it doesn't serve any downstream users that we are aware of. If there any downstream users then we will the that ditch and keep it active. But we have been told that there isn't anybody downstream from that and the maps seem to back that up. Where it comes onto our property we will maintain access to lots three and four as we are legally required to by State irrigation law until such time as those people decide that they do not want to use the water. If we can use the water for pressurized irrigation we are going to see if there is enough water volume (Inaudible) water to do that. Conceming the drainage ditch issues it is the same thing, we don't have any drainage ditches across the subdivision that we are dealing with. However there is one that comes across, it comes across Wilson Lane to the southeast comer of D & 6's property and we would put in whatever boxes and then the the ditch where it crosses under the street. Our intention is maintain the irrigation to people that getting irrigation to take the drainage from the property and allow that to flow. All of our, as a condition of the City all of the run off water on our property will be retained on our property. There was also some mention of concern about potential contamination. The we are required by law to maintain the water or by ordinance to maintain the water on our property by yourselves and the highway district. There will be two lots between Econo Lube and Schucks property and the street and (inaudible) which we assume that Wilson Lane will also be accommodated or designed so that it will not drain onto adjacent properties. Just the fact that Econo Lube is very sensitive about hazardous materials, their tube pit is constructed of 5 different levels and layers of protection. It does not contain a drain. It is designed to contain all of the total fluids that are on site in case there is some kind of a catastrophic event and then they would be removed. It is, they have never had, all the tanks are secured they are double walled tanks. They are much more concerned about contamination then probably the residents around there. They don't want to have any problems either. Schucks of course all of their stuff is (inaudible) in small containers and the stuff you would normally expect in an automotive type store. So as far as their personal concerns about their water and their property Meridian Planning & Z~g Commission September 9, 1997 Page 24 becoming contaminated it is a relatively low probability unless there is some type of catastrophic event in which there are probably a lot more uses around the area that are going to be causing problems also. MacCoy: I am just very interested and very concerned about the ground water and their drinking well and that is what you just answered. McKeegan: We are going to comply with all the health department all regulations. Econo Lube goes above and beyond that because there is some obvious liability issues for them if there is any. We have done level 2 tests on the site to make sure there is no contamination on the site at this point. So we know when we go in the site is clean. We want to make sure we will never have anything migrate off the site onto somebody else's property. MacCoy: Moving onto another subject on lighting, exterior lighting. What do you have planned? McKeegan: Econo Lube because their normal hours are normally during the daylight hours they are not a late business. They start generally about 7:30 in the morning and they go to maybe 6 or 6:30 at night. They don't run late at night. It doesn't not have a need for site lighting or security light and so it prefers not to put anything there other than the minimum the City requires. Even if they did have those lights they would probably have them on a timer to where they would go off at a reasonable hour. Schucks hours are a little bit longer, they can go to like (inaudible) 9:00 so they would have a higher level of light in their parking lot for protection and security. They use a wall pack type of light on the building to shine out. We recognize that needs to be shielded to keep from shining into the other properties and that would certainly be taken care of. Again their lights would be on a timer so that after hours at a reasonable hour they would shut down so you wouldn't have lights shining into what existing residences there are in the middle of the night. We want to be good neighbors. MacCoy: On your layout you said to us it may just be a symbol but it looked tike your signage was either the same or similar between the two businesses. McKeegan: It is just a symbolic sign, they will be applying for. Both Econo Lube and Schucks will be applying for separate design review and signage permits on the property. They each have their own corporate signage packages which they will be requesting. MacCoy: Are they going for a monument type sign do you have any idea? McKeegan: If that is what the City desires, the first choice would be a pole. If there is some resistance there then we will certainly be glad to put in a morn.;ment type sign. Meridian Planning & Z~g Commission September 9, 1997 Page 25 MacCoy: We don't want a pole with a blinking light system on it. Your ADA parking, you took care of that. Just one comment about that, you did show, everything was correct on the Econo Lube from the standpoint you had a slot as well as an area to unload a wheelchair and so on. That was good. On the Schucks side and this is what we are seeing happen every so often they are doing a sharing situation of that off loading section. 1 think what you ought to do since you are the architect is to take a look at the fact that vans are either loaded from the back or from the right side. So if you had two vans come in here that were wheel chair types you should have parking and then onto the right should have an area that they can unload a wheel chair on. That is just a suggestion to you. McKeegan: We will take that into consideration. Johnson: Commissioner Smith? Smith: Quick comment, that is how I would have done the handicapped parking as Patrick did it. Usually you are pretty squeezed on size. I don't know how you are on your parking. Was any consideration given to putting the buildings at the front of the property and the parking in the rear? McKeegan: The conceptual planning was done before I received I the project. So I will have to defer to Mr. Thornton. Do you want to finish with me and come back to him? Smith: I guess it seems like how every one of these retail developments get done is the parking gets right up front off the street. It is an eyesore. It looks like there is a lot of flexibility on the site to move things around and it just seemed like a viable alternative to the site planning here. McKeegan: I can speak to the Econo Lube site is that basically what is shown on the site plan on the north side of the building is the staging lanes for the lubrication. Econo Lube requires 50 feet from the building to any curbing or edge of parking. So even if we were to relocate the parking in front to the back the building would still be 50 feet away from, there would still be 50 feet of paving from just for stacking space for two cars to the front of the building. Smith: I just think there are some opportunities there for a little more attractive street side elevation which kind of leads me into my next pet peeve is there is no information as far as what the buildings look like. What the materials are, what the height of them are. I know Schucks goes for some pretty splashy graphics there are no color indications. I am going to ask that stuff be submitted for City Council review. McKeegan: Did 1 miss the boat somewhere, I thought there was a separate design review application in the City of Meridian to specifically address those. I can tell you that the Econo Lube building it is a split face olock in two tones of light brown with a red canopy and a red cap band. Then the signage on the building is red. Meridian Planning & Zo~j Commission September 9, 1997 Page 26 Borup: I think Commissioner Smith's comment is very appropriate because we do not have design review here. What little is done is here in the City Council. McKeegan: I would certainly be glad to submit that, the buildings are as you can see the Schucks building is in gray earthtones with stucco like material with again a red canopy and I believe red banding with blue accents. It is not quite a flamboyant as their earlier stores would be. An example of the store is they just recently constructed a store on Overland Road in Boise. Smith: That is a tilt up pre-cast? McKeegan: No it is a wood frame with synthetic stucco material. Smith: What is the height of the parapet? McKeegan: Econo Lube is 18'8 at the high part of the building and 16'8 at the rest. Smith: Can you repeat what he just stated? McKeegan: Schucks is 19 feet at the parapet. Smith: Irregardless, we are in here evaluating design issues so that information I don't think is inappropriate to ask for. 1 am assuming that you can make your parking work with these 16 foot 6 (inaudible) McKeegan: We are going to slip it back to 19 feet. Smith: Is this a zero set back zone here? McKeegan: Yes, it will be on the west side because that is an existing commercial zone, on the east side will be abutting existing residential zone so therefore we have to have the landscape buffer that is shown. As you can see on the plans we have actually provided a 3'/z foot landscape zone on the west side of the Schucks building also. Smith: (inaudible) may as well run it over the property line and stuck it on the other side for what it gets us. Then, one of the comments that was made was about the berm that was required to be put in front of D & B and that is in this 25 foot setback are. McKeegan: That is right and in our response we indicated we would comply with that. With the landscaping requirements I believe it is one tree per 1500 square feet of asphalt. Smith: What is the construction of ttie periphery fence? Meridian Planning & Zr~g Commission September 9, 1997 Page 27 McKeegan: We are required to have one on the residential side. Because it is an existing residence I would think a wood fence would be appropriate, a 6 foot wood cedar. If there are other considerations then masonry to match the building. Smith: I think just from the longevity and durability masonry is probably a better solution but of course there are cost ramifications that go along with that and maybe the City Council will have some thoughts on that. I guess, I would just like to see some consideration made to if it is feasible to put the buildings at the front of the site and the parking at the back. I think it is a better design and kind of starts to set the tone to where we get away from this strip development that is prevalent along Fairview and Boise and that kind of leads me to my next comment. It seems like Schucks and Econo Lube have a working relationship together and it would be nice to omit one of these signs here and see if you guys can work together and developing a nice monumental type of sign that both of your businesses can share if you feel that is necessary to have besides the signage that is pretty predominant on the buildings. Again there is nothing that is written that says you have to but it vuould be nice to start setting a tone for some of this development along Fairview so it doesn't end up looking like Boise on Fairview. McKeegan: I would assume that the signage allowance for each individual property would then be combined also. Smith: Which signage allowance are you talking about? McKeegan: Well normally there is so many square feet. That is we were allow 100 square feet per project that we be able to put a total sign of 200 square feet. Smith: I would think so but that is not for me to say. I guess that is something you would want to review with staff. That is the extent of my comments. Johnson: Anyone else from the Commission? Is there anyone else representing the applicant that v~rould like to be sworn at this time? Dennis Thornton, 13571 Carol Way, Tuston, California, was sworn by the City Attorney. Thornton: Mr. Smith raised the issue as to would we be willing to consider moving our buildings forward. In fact we prefer to have our buildings forvvard Mr. Smith, however when you look at the configuration of these particular buildings in line with what is to this direction I think that is east or west. To the right, there is contemplated a cross access agreement with D & B which would allow parking and I think from a safety standpoint if somebody overshoots D & B they can pull into one of our parking lots, drive through without having to get back out onto Fairview. Which mitigates your traffic issues. I can't speak for Schucks but I think we both feel that this is probably the most conducive for the area. We are happy to mo•ie closer because we don't know at this point what is going to happen on the left side of the site. Somebody may come up and put one 25 feet off the Fairview Road which would then block our view from one Meridian Planning & Zd~g Commission September 9, 1997 Page 28 direction. But in the spirit of trying to make it safe and compatible with the other use there we wanted to work with what we had. That is the reason. Smith: I think that is one of the real short comings on probably all of the strip developments you see is there is no connection to leave one property to go to another you have to get out on the street. I did think about that but I guess I just felt in weighing the two issues that moving the buildings up held more weight to it than the connection to D&B. Thornton: Are there other questions? I would emphasize that Econo Lube N'Tune is very cognizant of environmental issues. In fact we recycle everything but spark plugs and air filters. We over engineer the pit, the construction cost in the pit alone are $22,000 and only we inspect those because we want no chance of leakage. The three individual owners of the company like to sleep at night. Smith: Just coming back to the site plan a minute. I don't mean to say that weighing one against the other doesn't mean you can't do both. I don't know, I haven't sat down and played around with rearranging things on here. So I don't know that it can't be done. If you could achieve both obviously that would be the optimum, if you can't personally my feeling would be to minimize the impact of the visual of the parking along Fairview and to move it to the back. Thornton: 1 think you achieve some of that with your berm don't you out front Mr. Smith? I apologize I am not trying to be argumentative. Smith: I don't, not really. You block the first row to some degree until you get a car parked there. I am assuming your access to (inaudible) Johnson: Any further comments? MacCoy: I would like to put something in for the record. Right along Commissioner Smith's direction, he is thinking correctly, I did take the time to go meet with the leadership with D & B. They have been very plus in their viewpoint in working with you people. They said they tried to make that tie across to yours so it matched up and vice versa. I like the idea that you can run from one to the other (End of Tape) Glenn Buday, 529 N. Oxford Lane, Chandler, AZ, was swum by the City Attorney. Buday: I just wanted to address a couple of the comments that Commissioner Smith had regarding the site plan and the building orientation. We v~rould like to move a little closer too, but in lieu of the way our typical buildings are laid out we have a front entrance right in the center of the building as you are facing the site plan looking directly at the building. We want to make sure our customers that coming out with oil and batteries and that kind of equipment can get to their vehicles right away. That is why we have parking right in front of the building. In order to do that we would have to put the Meridian Planning & Zo~g Commission September 9, 1997 Page 29 building up and get parking around the rear. That becomes kind of a dead end parking area where you just have one aisle of parking. We typically like to have parking along the side, I call it on the left side of the building. But because of the restraints of the sizes of property we can't do that. What we would like to do is make sure we provide a very safe ingress and egress out of our site. As you go into the site incidentally I think that driveway entrance driveway will probably be moved over another maybe 10 or 15 feet to the right because I don't think that alignment is right. We got some information from the highway department but I think it was incorrect in looking at that today. So that even gets the driveway more centered on our building. What we would like to do is provide a 30 foot driveway rather than a 25 foot driveway so that customers coming into the site will have safer ingress and egress. Then as mentioned have our crossway easement over to D & B Supply which is in direct alignment with what they have right now because they all have the 25 foot buffer. I think either 25 or 35 foot drive and then the parking. And I am here to answer any questions you might have. Johnson: Thank you, any questions? Mr. Borup? Borup: 1 feel like we are beating this site thing to death. Have there been any thoughts on turning the building the other direction? It would accomplish two things, turn it the other direction is would move 70 feet closer to the road, still leave the egress to D & B, get you your parking on the side and still leave the area in the back maybe for the overflow parking. Buday: Where would the customer entrance be? Borup: 1 guess that would depend somewhat on the design of the building. You could leave the same design you have now and have the entrance here on the left side or the other choice would be redoing the entrance there. I would assume (inaudible) But then again I realize you have an adjoining building there to be compatible with too. There are some alternatives along the line that Commissioner Smith was talking about to get it a littler closer to the road and maybe still (inaudible). Buday: We will look into that, I don't have a problem with that at all. I v+rould be happy to go back to the corporate architect to explain what the issues are. Smith: Is this a standard building foot print? Buday: Yes it is. Smith: Is this the only one that Schucks has right now and I hate to make you get up again, I have the same question for Econo Lube. Thornton: This is a standard, we have three or four configurations we can use. This seemed to be the most appropriate. Meridian Planning & Zo~j Commission September 9, 1997 Page 30 Johnson: Thank you, this is a public hearing, is there anyone from the public that would like to address the Commission on this application? Any comments from staff? Any more discussion before I close the public hearing from the commission? At this time I will close the public hearing on item 12, this is the annexation and zoning request. This would require findings of fact and conclusions of law. Smith: Mr. Chairman, I v~ould like to make a motion that we direct the City Attorney to draw up findings of fact and conclusions of law for the annexation and zoning of this agenda item. MacCoy: Second Johnson: We have a motion and a second to have the City Attomey prepare findings of fact and conclusions of law on item #12, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR ECONO LUBE SUBDIVISION BY ECONO LUBE N'TUNE INC. -EAST OF LOCUST GROVE, SOUTH SIDE OF E. FAIRVIEW: Johnson: I will now open this public hearing and invite the applicant to come forward and be sworn again and request incorporation of prior testimony and any additional comments he might have. Patrick McKeegan, 218 S. Cole, Boise, was sworn by the City Attorney. McKeegan: 1 would request that the previous testimony be placed into the public record on this item. Johnson: Any comments or questions from the Commission? Smith: I have a question for you Mr. Chairman, since this is an application for a preliminary plat, a lot of our comments were addressing the site plan as it was laid out. How can we, what is the most expeditious way to keep from holding these people up and still have them re-look at the site planning as they had stated that they were willing to do? Johnson: I am not really sure about that, I can tell you traditionally what we do. Traditionally on a preliminary plat when it follows an annexation and zoning request we table that item as we can't act on it because we haven't annexed or zoned it. If there is anything you can add to that Counsel? OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, 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 Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor MEMORANDUM: To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, Planning & Zoning Administrator Re: Application for Annexation and Zoning to C-G and R-2 COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH September 4, 1997 Application for Preliminary Plat of Econo Lube Subdivision Application for Conditional Use Permit for Econo Lube N' Tune and Schuck's (Econo Lube N' Tune Inc. -Applicant) We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: ANNEXATION & ZONING: 1. The two legal descriptions submitted with the application for annexation & zoning appear to meet the criteria of the City of Meridian and the Idaho State Tax Commission. Copies of the legals that apply to the annexation, stamped "Review Approval", will be forwarded to the City Attorney for his use in preparation of the applicable Ordinance. 2. The request for C-G along the frontage of Fairview Avenue is consistent with the Meridian Comprehensive Plan. The City Council has indicated in past proposals that residential development within this section is not desirable. It would not appear that a zoning of R-2, with minimum lot sizes of 18,000 square feet, is appropriate for this area. As the owner/applicant has no known plans for the property, the portion of land south of Wilson Lane should not be annexed until a development proposal is presented and the City may determine whether annexation into the City is desired. 3. A development agreement incorporating detailed conditions of approval is required as a condition of annexation. Econo Lube Sub.pp • Planning & Zoning Commission/Mayor & Council September 4, 1997 Page 2 PRELIMINARY PLAT AND CONDITIONAL USE: (GENERAL COMMENTS) • 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with street development plans. 4. Provide five-foot- wide sidewalks in accordance with City Ordinance Section 11-9-606.B. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 5. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 6. Submit a letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 7. Coordinate fire hydrant placement with the Meridian Public Works Department. 8. Respond, in writing, to each of the comments contained in this memorandum by 5:00 p.m., September 5, 1997. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. (SITE SPECIFIC COMMENTS) 1. The overall boundary of the Annexation and Zoning request is approximately 8.5 acres, of which Econo Lube Subdivision occupies the northerly 2.5 acres. The remaining 6 acres, lying south of Wilson Lane, is to remain as is under this proposal. Econo Lute Sub.pp Planning & Zoning Commission/Mayor & Council September 4, 1997 Page 3 2. Sanitary sewer service to this site will be via an extension of an existing mainline located in Wilson Lane. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. 3. Water service to this site will be via extensions of an existing ten-inch diameter main located in Wilson Lane. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 4. Applicant has indicated on the Preliminary Plat map that the source of the landscape irrigation system will be from an existing well. Will the well be able to provide enough water for the irrigation of each lot's imgation system? 5. High-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 6. Storm drainage must be retained within the boundaries of each lot. No combined storm drainage systems will be allowed. 7. Flease indicate the centerline of East Fairview Avenue and dedication of additional needed right-of--way (54' from centerline) on the Preliminary Plat map. 8. D&B Supply's requirements called for a minimum 25-foot-wide berm beyond required right-of--way along Fairview Avenue. The Owner/Applicant shall construct a berm adjacent to the south right of-way line of Fairview Avenue a minimum of 25 feet in width ranging in height above the grade of the adjacent parking area from two feet to four feet. Indicate landscape setback requirement on the plat. The Fairview Avenue berm will be landscaped and sprinkler irrigated in accordance with a detailed landscape plan to be submitted by developer and approved by the City. Said plan shall be submitted for review and approval prior to the submittal of the final plat map. Each individual lot shall provide a minimum of one three-inch caliper tree per 1,500 square feet of asphalt. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. Econo Lube Sub.pp ~ ~ Planning & Zoning Commission/Mayor & Council September 4, 1997 Page 4 9. ACRD policy requires that access from Fairview to this development be located to align with Avest Lane. Although their report indicates the alignment is to be with Dixie Lane, staff believes this is an error and should indicate Avest Lane. 10. The preliminary plat map is required to carry the stamp, signature and date of the Professional Land Surveyor that has done the preliminary design. 11. Please revise the Preliminary Plat map to show that the new 30-foot portion of Wilson Lane is to be "dedicated" to ACHD, not "Vacated": 12. Permanent easements will need to be dedicated across the subdivision for extension of public utilities. 13. Applicant will be required to construct curb, gutter and five-foot-wide sidewalk along the frontage of Wilson Lane, and five-foot-wide separated sidewalk along the frontage of Fairview Avenue. 14. During the design phase of D&B Supply, it was discovered that there is an existing underground irrigation pipe that runs parallel with Fairview Avenue, that is independent of the ditch and pipe that is visible from the surface. The subdivision design engineer should contact the Public Works Department for further information. 15. All parking stalls are to be a minimum of 9'x19' with 25' driveways. The 16'-6" stalls adjacent to the proposed Schuck's store are not in compliance and need to be revised. Compact stalls may only be approved with the approval of the Planning & Zoning Commission. Based on a square footage of 10,800, 54 parking spaces are required. 16. Provide signage for handicapped accessible stalls in accordance with ADA. 17. 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, the Uniform Sign Code, and shall receive design approval of the Planning & Zoning Department. A-frame and other temporary signs will not be permitted and will be removed upon 3 days notice to the Applicant. Sign permits are needed for all signage. Council may want to specifically review individual signage. 18. Screened trash enclosures are to be provided per City Ordinance. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. Econo Lube Sub.pp • • Planning & Zoning Comrnission/Mayor & Council September 4, 1997 Page 5 19. All uses shall be developed under the conditional use permit process, with detailed site plans to be approved for each individual lot. F.oo~o Tube Sub.pp • • ~ ON BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSI ~ M ECONO LUBE N'TUNE INC. ~ N r - O ANNEXATION AND ZONING OF 8.5 ACRES TO C-G AND W p R-2 BY ECONO LURE N'TUNE INC. ~ AND CONDITIONAL USE PERMIT FOR A CONSTRUCTION OF ECONO LUBE N'TUNE AUTOMOBILE MAINTENANCE AND LIGHT REPAIR FACILITY AND SCHUCK'S AUTOMOBILE PARTS STORE 1915 E. FAIRVIEW AVE., EAST OF LOCUST GROVE, SOUTH SIDE OF E. FAIRVIEW MERIDIAN, IDAHO REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matters having come on for public hearing on September 9, 1997, at the hour of 7:00 o'clock p.m., the Applicant, appearing through its representative, Patrick McKeegan, and again at the October 14, 1997, public hearing at the hour of 7:00 o'clock p.m., the Applicant, appearing through its representative, Dennis Thornton, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. A notice of a public hearing on the application for the conditional use permit and application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled on September 9, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 ECONO LUBE N'TUNF, INC. - ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 • • was duly considered at the September 9, 1997 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. The property is located within the City of Meridian at 1915 E. Fairview Avenue, East of Locust Grove on the south side of E. Fairview. The property is described in the application for annexation, zoning, and the conditional use permit, which description is incorporated herein as if set forth in full. The Applicant is not the owner of record of the property. The record owner of the property is Lawrence Tuckness, and he has consented to the application for annexation, zoning, and the conditional use permit. 3. Pursuant to the application, the property is located within the City of Meridian at 1915 E. Fairview Avenue, east of Locust Grove on the south side of E. Fairview. The property is presently zoned by Ada County as RT, Rural Transitional, and is currently used as a single family residence with numerous outbuildings and corrals. The Applicant requests annexation of the property and that the property be rezoned as detailed below. The application for annexation and zoning is not at the request of the City of Meridian. There are three proposed uses for the property as follows: a. The first proposed use of the property is to subdivide the north 2.576 acre portion into four lots, and the Applicant requests the property be rezoned to C-G. The REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 • • northeast lot is to be used to operate an Econo Lube N'Tune with. an automotive lubrication and tune-up facility of approximately 2,800 square feet. The north east lot is to be occupied by a Schuck's automotive supply store of approximately 8,000 square feet. The south two parcels are to be sold for commercial use. b. The second proposed use is to sell the 5.951 acre southern parcel, and the Applicant requests the property be rezoned to R2, as either one parcel with future development as a residential PUD or further subdivision the responsibility of the buyer. c. The third proposed use is as a right-of-way to be dedicated to the Ada County Highway District for the extension of Wilson Lane. The right-of-way is to be divided between the main northern and southern parcels described above, taking one-half the 60 foot right-of-way from each of the two parcels. Public utilities are to extend in the right-of-way. The Applicant presented a site plan depicting the location of the Econo Lube N'Tune, the Schuck's automotive supply store, and the remaining subdivided parcels. Further, pursuant to the application for a conditional use permit, the Applicant agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential, commercial or industrial. 4. Patrick McReegan, .representative for the Applicant, testified substantially as follows at the September 9, 1997 public hearing. It was his understanding that the City had requested that the southern six acres be withdrawn from the annexation request and the R-2 zoning request south of Wilson Lane. He agreed with the City's request because it would still leave a legal lot of record in Ada County and allow Applicant to go forward with the REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 • • subdivision process. Based on his understanding of site specific comment number 6, the City would not be allowing a common storm drainage system. Because Econo Lube N'Tune and Schuck's would like to be allowed a common storm drainage system, he requested that dialog be left open so it could be discussed further. The intent behind one shared system was to save money and resources and to have a common system that would have the joint easement and agreements in place. He indicated, however, that if the City absolutely will not allow a common system, Econo Lube N'Tune and Schuck's would be willing to put in separate systems. Access agreements between Econo Lube N'Tune and Schuck's had been reached allowing Econo Lube to have access through Schucks' property. Mr. McKeegan had with him a map or site plan for indicating the relocation of the driveway as requested by the highway district, connecting Econo Lube and Schuck's, giving each access to the other's property. 5. Patrick McKeegan, representative for the Applicant, further testified as follows at the public hearing. The highway District requested that Applicant remove the access easement from the northern two lots on the bottom of the site plan going through the common lot line between lots 3 and 4 to Wilson Lane, due to concern about long term cross through traffic through private property for people wanting to avoid the light at Locust Grove. In response, Applicant took the utility easement from Wilson Lane to the northerly lots, and moved it to the easterly property line. REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 ECONO LUBE N'TUNE, INC., - ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 • This will extend Applicant's utilities from Wilson Lane to the east property, the utilities for Schuck's and Econo Lube coming down that easterly access or utility easement. Additionally, Mr. McKeegan indicated Applicant answered the remaining comments in writing to Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, the Planning and Zoning Administrator. That correspondence, dated September 5, 1997, is incorporated herein as if raet forth in full. 6. In response to questions by Commissioner Borup, Mr. McKeegan, representative of the Applicant, testified substantially as follows . The Applicant has not yet determined its plans for the two remaining lots on the property since it is not the owner of the property and it is not subdivided. The Applicant is currently negotiating with a user in the area that would be using the property for outdoor storage of materials. Mr. McKeegan assured Commissioner Borup that the use would be compatible with a C-G zone. Access for the two lots will be off Wilson Lane, but there will be no access via Wilson Lane across the remaining two lots for the two northern lots. Also, an easement through the center of the property is undesirable in case a future purchaser wants to build through the center of the two lots where the easement would be . Under the conditions of approval, the Applicant will improve the curb and put in a gutter on its side, improve the asphalt plus 12 feet of the southern half. Additionally, the Applicant will improve Wilson Lane similar to that behind D & B supply to the east REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 C~ • property line. The Applicant will also have a cross access agreement with D & H's parking lot to the west, and D & B has also expressed interest in the back piece of the property, but nothing has been finalized. 7. In response to comments by Mr. Thom Myall posed in his September 4, 1997 correspondence, incorporated herein as if set forth in full, Mr. McReegan testified substantially as follows. The blocked ditch that runs through the Applicant's property will be tiled and kept active if it serves any downstream users. The Applicant will also maintain access to lots three and four as required by State irrigation law until such time as those people decide they do not want to use the water. The Applicant also intends to use the water in the. ditch for pressurized irrigation if there is enough water volume to do so. The drainage ditch that comes across Wilson Lane to the southeast corner of D & B's property will be tiled where it crosses under the street. Boxes will also be installed. All the run off water on the Applicant's property will be retained on that property. Applicant Econ Lube N'Tune is extremely sensitive about hazardous materials, and so always constructs its Lube pits with five different levels and layers of protection, with no drain. The pit is designed to contain all of the total fluids that are on site in case there is some kind of a catastrophic event and then they would be removed. All tanks are secured and are double sealed. Schuck's only has small containers of hazardous materials on the premises, and so REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 ECONO LUPE N'TUNE, INC. - ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 • • there is a very low probability that any sort of contamination would result therefrom. The Applicant will comply with all the health department regulations and has already done level 2 tests on the site to make sure there is no contamination prior to moving onto the property. 8. In response to questioning by Commissioner MacCoy, Mr. McKeegan responded substantially as follows. Exterior lighting for Econo Lube will consist of the minimum the City requires since its hours are from approximately 7:30 a.m. to 6:30 p.m., and it therefore has no need for site lighting or security light. Schuck's is open from approximately 8:00 a.m. until 9:00 p.m. and so they will have a wall pack type of light on timers with some sort of shielding to prevent the lights from shining into other properties until they shut off automatically at a reasonable hour. Econo Lube's signage will be different from that of Schucks', and they will apply for separate design review and signage permits on the property. If the City desires a monument sign, that will be requested, but the Applicant's first choice is a pole sign. In response, Commissioner MacCoy stated that the City does not want a pole with a blinking light system on it. Additionally, Commissioner MacCoy stated that the Applicant's ADA parking was taken care of, but he made the suggestion that since vans are loaded from the back or from the right side, there should be an area on the right side for unloading wheelchairs. 9. In response to questions from Commissioner Smith, Mr. REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 • McKeegan testified substantially as follows. Because Econo Lube requires 50 feet from the building to any curbing or edge of parking, if the Applicant were to move the parking area in the front to the rear, the building would still be 50 feet away from the parking area, which would just be for stacking space for two cars to the front of the building. Commissioner Smith replied that he believes there are opportunities for a more attractive street side elevation and that it seemed that moving the parking would be a viable alternative to the site planning. In response to further questioning by Commissioner Smith, Mr. McKeegan responded that he was unaware Applicant was supposed to submit information on what the buildings will look like, but thought there is a separate design review application to address that information. Econo Lube's building will be a split face block in two tones of light brown with a red canopy and a red cap band. The signage on the building will be red. Commissioner Borup then commented that there is no design review, but the City Council decides these issues so this must be submitted to City Council. Mr. McReegan then indicated he would submit the 9..nformation on the materials. The Schuck's building will be in gray earthtones with stucco-like material, a red canopy and red banding with blue accents. 10. To further questioning by Commissioner Smith, Mr. McKeegan responded that the building would not be a tilt up pre- cast, but a wood frame with synthetic stucco material. The height of the Econo Lube is 18'8" at the highest part, and 16'8" at the REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 ECONO LUBE N'TUNE, INC. - ANINEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 • rest. Schuck's is 19 feet at the parapet. The Applicant will move the building back to accommodate the 19' requirement for parking space length. The Applicant will be installing a 3 1/2 foot landscape zone on the west side of the Schuck's building and a landscape buffer on the east side abutting an existing residential zone. There is a zero set back on the west side because it is an existing commercial zone. The Applicant will be placing a berm in 'front of D & B in a 25 foot setback including a tree per 1500 square feet of asphalt as required by the City. The construction of the periphery fence on the residential side will be constructed of either 6 foot wood cedar or masonry to match the building. Commissioner Smith replied that masonry would be better because of its longevity and durability. He would like to see some effort made to put the buildings at the front of the property to avoid the look of strip development. Commissioner Smith also suggested that Econo Lube and Schuck's work together to develop a monumental type sign to be shared by both businesses instead of putting up two. To this suggestion, Mr. McReegan asked whether the signage allowance for each business would then be combined so that if 100 square feet cif signage were allowed for each, then a sign done in combination would be 200 square feet. To this, Commissioner Smith indicated he did not know, and this should be reviewed with staff. 11. Dennis Thornton, also a representative of Econo Lube testified substantially as follows . Econo Lube prefers to have its buildings moved forward, however, the choice was made to instead REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 • • enter into a cross cut agreement which allows patrons of D & B to drive through Schucks' lot. In response, Commissioner Smith commented that he believes moving the buildings up holds more weight than the connection to D & B. Mr. Thornton continued his testimony substantially as follows. The Applicant is very cognizant of environmental issues, recycles, and carefully and expensively constructs its pits, at a cost of $22,000 per pit to prevent leakage. In response to further questioning from Commissioner Smith, Mr. Thornton replied that the parking does not need to be moved to the back because the berm will minimize the impact of the sight of the parking up front. Commissioner Smith responded that only the first row of parking will be blocked until a car is parked there. 12. Commissioner MacCoy then commented that he likes Commissioner Smith's suggestion for the access to D & B's property and that D & B has been very cooperative in helping achieve the access. 13. Glenn Buday, a representative of Schuck's Automotive, testified substantially as follows. Schuck's would like to move closer forward, too, but with their entrance on the front in the center of the building, they want to assure that their customers coming out of the store with batteries and other heavy items can reach their cars quickly. Schuck's would like to put in a 30 foot driveway instead of a 25 foot driveway to provide safer ingress and egress for customers. In response, Commissioner Borup suggested REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING AND COL~DITIONAL USE PERMIT Revised 10/23/97 • the building be turned the other direction, making it 70 feet closer to the road, leave the egress to D & B, and get the parking on the side, leaving the rear for overflow parking. The entrance i:ould be left where it is or moved elsewhere. Mr. Buday testified that he would look into that suggestion and discuss it with the corporate architect. 14. In response to a question by Commissioner Smith, Mr. Buday testified substantially as follows. The plan proposed is a standard building foot print. 15. In response to a question by Commissioner Smith, Mr. Thornton testified substantially as follows. The plan proposed is a standard building foot print, but there are three or four configurations which can be used. 16. In response to questioning and comments by Commissioners Borup and Smith, the Applicant's representative, Mr. Patrick McReegan testified substantially as follows. Applicant has the exterior elevations on the Econo Lube project and they will be delivered to the Commission. The site issues will be worked on with the Planning and Zoning Administrator before the next meeting and be submitted as part of the next packet for review by the Committee. Applicant's main concern is having enough parking on site to meet the requirements. There is a requirement for 54 parking spaces, but that is based on the whole building being occupied by retail space. In actuality, half the building is storage space, which is one space per 1000, so using that figure, REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 s • Applicant is overparked. Schucks' goal is to provide 40 spaces for overflow. 17. Commissioner Borup commented that he believes tying into D & B is worthwhile, but the main problem is that Econo Lube needs 50 feet of stacking which needs to be worked out. To this, Mr. McKeegan testified substantially as follows. The parking lot just has to be shuffled, and Applicant would also like to maintain cross access to the property to the east when it develops. There remains a question as to whether a row of parking will exist along Fairview so the driveways align or if the parking is eliminated in front of Schuck's and the driveway pulled down farther, affecting parking on the person to the east. 18. To a question by Commissioner Smith, Mr. McKeegan testified substantially as follows. If across access agreement is required farther back than the front row of parking, then it may be in the middle of the property, which will adversely affect a future builder if that becomes commercial property because it would run khrough the center of their building. 19. Glenn Buday, a representative of Schuck's Automotive, further testified substantially as follows. Building elevations for Schuck's were submitted with the application packet. Commissioner Smith responded by making a motion to continue the public hearing to October 14, 1997, asking that the Applicant look at and work with staff on redesigning the site plan addressing the comments and concerns that were addressed at the hearing and to REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 ECONO LUBE N'TUNE, INC. - A'~iNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 • • present building elevations to the Commission. 20. Any additional site plans and information on building heights presented at the continuation of the hearing on October 14, 1997 are incorporated herein as if set forth in full. If additional public comment and/or testimony is given regarding the additional site plans and information on building heights at the October 14, 1997 hearing, these preliminary findings of fact will be amended accordingly. 21. There was no further testimony given at the hearing, and it was continued, as to the Conditional Use Permit, until October 14, 1997. 22. The Assistant to the City Engineer, Bruce Freckleton, and the Planning and Zoning Administrator, Shari Stiles, submitted comments on the annexation and zoning request, general comments and site specific comments. Their annexation and zoning comments, general comments and site specific comments are incorporated herein as if set forth in full. Their comments on the annexation and zoning request included the following: a. The request for C-G along the frontage of Fairview Avenue is consistent with the Meridian Comprehensive Plan. The City Council has indicated in past proposals that residential development within this section is not desirable. It would not appear that a zoning of R-2, with minimum lot sizes of 18,000 square feet, is appropriate for this area. As the owner/applicant has no known plans for the property, the portion of land south of Wilson Lane should not be annexed until a development .proposal is presented and the City may determine whether annexation into the City is desired. b. A development agreement incorporating detailed conditions REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 • • of approval is required as a condition of annexation. Their general comments included the following: a. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. b. 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. c. The Applicant is to determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with street development plans. d. The Applicant is to provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. e. The Applicant is to submit a letter from the Ada County Street Name Committee, approving the subdivision and street names. The Applicant must make any corrections necessary to conform. f. The Applicant is to coordinate fire hydrant placement with the Meridian Public Works Department. h. The Applicant is to respond, in writing, to each of the comments contained in this memorandum and submit to the City. Clerk's office prior to the hearing date. Their site specific comments included the following: a. The overall boundary of the Annexation and Zoning request is approximately 8.5 acres, of which Econo Lube Subdivision occupies the northerly 2.5 acres. The remaining 6 acres, lying south of Wilson Lane, is to remain as is under this proposal. b. Sanitary sewer service, to this site will be via an REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 • extension of an existing mainline located in Wilson Lane. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. The Applicant will be responsible to construct the sewer mains to and through this proposed development. The subdivision designer is to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. c. Water service to this site will be via extensions of an existing ten-inch diameter main located in Wilson Lane. The Applicant will be responsible for constructing the water mains to and through this proposed development. The subdivision designer is to coordinate main sizing and routing with the Public Works Department. d. The Applicant has indicated on the Preliminary Plat map that the source of the landscape irrigation system will be from an existing well. Will the well be able to provide enough water for the irrigation of each lot's irrigation system? e. High-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at the subdivider's expense. Typical locations are at street intersections and/or fire hydrants. f. Storm drainage must be retained within the boundaries of each lot. No combined storm drainage systems will be allowed. g. Please indicate the, centerline of East Fairview Avenue and dedication of additional needed right-of-way (54' from centerline) on the Preliminary Plat map. h. D & B Supply's requirements called for a minimwn 25-foot- wide berm beyond required right-of-way along Fairview Avenue. The Owner/Applicant shall construct a berm adjacent to the south right-of-way line of Fairview Avenue a minimum of 25 feet in width ranging in height above the grade of the adjacent parking area from two feet to four feet. The Applicant shall indicate landscape setback requirement on the plat. The Fairview Avenue berm will be landscaped and sprinkler irrigated in accordance with the detailed landscape plan to be submitted by developer and approved by the City. Said REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 • plan shall be submitted for review and approval prior to the submittal of the final plat map. Each individual lot shall provide a minimum of one three-inch caliper tree per 1,500 square feet of asphalt. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. i. ACHD policy requires that access from Fairview to this development be located to align with Avest Lane. Although their report indicates the alignment is to be with Dixie Lane, staff believes this is an error and should indicate Avest Lane. j. The preliminary plat map is required to carry the stamp, signature and date of the Professional Land Surveyor that has done the preliminary design. k. Please revise the Preliminary Plat map to show that the new 30-foot portion of Wilson Lane is to be "dedicated" to ACHD, not "Vacated." 1. Permanent easements will need to be dedicated across the subdivision for extension of public utilities. m. The Applicant will be required to construct curb, gutter and five-foot-wide sidewalk along the frontage of Wilson Lane, and five-foot-wide separated sidewalk along the frontage of Fairview Avenue. n. During the design phase of D & B supply, it was discovered that there is an existing underground irrigation pipe that runs parallel with Fairview Avenue, that is independent of the ditch and pipe that is visible from the surface. The subdivision design engineer should contact the Public Works Department for further information. o. All parking stalls are to be a minimum of 9'x19' with 25' driveways. The 16'-6" stalls adjacent to the proposed Schuck's store are not in compliance and need to be revised. Compact stalls may only ~be approved with the approval of the Planning and Zoning Commission. Based on a square footage of 10,800, 54 parking spaces are required. p. The Applicant will provide signage for handicapped accessible stalls in accordance with ADA. q. All signage shall be in accordance with the standards set REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 ECONO LUBE N'TUNE, INC. - ANNEXATION A".dD ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 • • forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance, the Uniform Sign Code, and shall receive design approval of the Planning and Zoning Department. A-frame and other temporary signs will not be permitted and will be removed upon 3 days notice to the Applicant. Sign permits are needed for all signage. Council may want to specifically review individual signage. r. Screened trash enclosures are to be provided per City Ordinance. The Applicant shall coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Applicant shall locate dumpsters so as not to impede fire access. s. All uses shall be developed under the conditional use permit process, with detailed site plans to be approved for each individual lot. 23. The Applicant's representative, Patrick McKeegan, responded in writing to the annexation, zoning, general and site specific comments of the Assistant to the City Engineer and the Planning and Zoning Administrator through a letter dated September 5, 1997. This responsive letter is incorporated herein as if set forth in full. Mr. McKeegan's responses to the annexation and zoning comments included the following: a. It is Applicant's understanding that the City will annex the portion of the property being subdivided without the portion south of Wilson Lane being annexed. The owner has agreed to the dedication of the portion of the property for Wilson Lane. The portion south of Wilson Lane will be greater than five acres so it will still be large enough to qualify as a lot in the County R/T zone. I do not know of the owners plans for that property except that it is expected to be a residential use. The --.___ . __R-2_..zone --request -.was---at the direction of the - e owner. -prop rty--,~. _._.M-- Mr. McKeegan's responses to the general comments included the following: REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING AND CONDITIONAL USE PERr~IT Revised 10/23/97 • • a. It is Applicant's understanding that the open ditches on this property serve only this property. Applicant may use some of the irrigation for a pressurized irrigation system. Ditches that will not be used will be covered. Any ditches that remain active will be tiled per the referenced ordinance and the irrigation district's requirements. b. It is Applicant's intention to use the existing well for landscape irrigation if it has enough capacity. c. Information on the seasonal high groundwater elevation was included in the soils report submitted with the application. The high ground water, as tested on August 13th, was encountered at 8-8.5 feet below existing grade. This should be close to the seasonal high. This will be below the anticipated building footings and lube pit floor structure. The lube pit uses a five layer waterproofing system that prevents migration of liquids in from both sides of the pit walls and floor. d. Sidewalks will be installed on Fairview Avenue and Wilson Lane as requested. e. There will be no streets within the subdivision. The subdivision name has been submitted to the Committee for approval. Mr. McKeegan's responses to the site specific comments included the following: a. The Applicant has not tested the current well system yet because the home on the property is occupied. If the capacity is adequate we intend to use the well for irrigation. b. It is Applicant's intention to have a common storm drainage system for the north two lots (Econo Lube and Schuck's) to minimize the cost and gain economy of scale. They would be installed and maintained through a joint easement between the parties that would run with the -- - --- land. If this is- not desirable, -Applica~~-will instaii separate systems. The detailed drainage systems for the south two lots will be determined when the lots are sold. At this time it appears that the lots may be sold to one owner. c. The centerline of East Fairview Avenue and dedication of REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 ECONO LUBE N'TUNE~ INC. - ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 • • additional needed right-of-way will be added to the Preliminary and Final Plat maps. d. Landscape setbacks will be shown on the Plat. The interior landscaping will be installed as requested. The requirement for surety is acknowledged. e. Applicant acknowledges ACRD requirements that access from Fairview to this development be located to align with Avest Lane, and will install its egress point in conformance with the ACRD requirements. f. Applicant will revise the Preliminary Plat map to show that the new 30-foot portion of Wilson Lane is to be "dedicated" to ACHD, not "Vacated". g. Applicant will construct the curb, gutter and sidewalk as requested. h. The building will be moved 2.5 feet north to allow for the 19 foot parking stall length. 24. ,Toe Canning also responded in writing to the annexation, zoning, and site specific comments of the Assistant to the City Engineer and the Planning and Zoning Administrator through a letter dated September 5, 1997. This responsive letter is incorporated herein as if set forth in full. Mr. Canning's responses to the annexation and zoning comments included the following: a. After reviewing the Meridian Subdivision Ordinance, I would have no objection to deleting the land south of Wilson Lane from the annexation request. Mr. Canning's responses to the site specific comments included the following: a..- The--well's capacity is unknown at served as the drinking water source present on the project site. Furthe well capacity is planned during landscaping during the project development phase of the project. this time. It has for the home that is r study regarding the the design of the construction plan REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 ECCNO LUBE N'TUNE, INC. - ANNEXATION AND ZO'~1ING ANO CONDITIONAL USE PERMIT Revised 10/23/97 b. The centerline and right-of-way may be added to the preliminary plat. c. The revision of access location to Fairview would also be planned to be added to the preliminary plat. d. I had not noticed in the submittal data provided by the city the requirement that the preliminary plat carry a land surveyor's seal. I understood the boundary description was required to be sealed. e. The preliminary plat will be revised to show that the new 30-foot portion of Wilson Lane is to be "dedicated" to ACHD, not "Vacated". 25. The Meridian Police Department, the Meridian Fire Department, the Meridian Sewer Department, the Nampa & Meridian Irrigation District, and Central District Health submitted comments, which respective comments are incorporated herein as if set forth in full. 26. The Ada County Highway District has or may hereafter submit comments. Its submitted comments, if any, are incorporated herein as if set forth in full, and its comments hereafter submitted shall be incorporated herein as if set forth in full when submitted. 27. There were also comments by Thom and Barbara Myall by way of correspondence directed to the City of Meridian Planning and Zoning Commission, dated September 4, 1997. Their letter is incorporated herein as if set forth in full. Mr. and Mrs. Myall's __ _~__ _ ., ~ _,. . _ - - -,_ _..__a ___Y ~ __ comments included the following: a. The Myalls are landowners of approximately 18 acres immediately adjacent to the subject land on the west side, 1470 Locust Grove Road, consisting of a private residence and agricultural land. REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 ECONO LUBE N'TUNE, INC. - ANNEXATION .~i1~TD ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 • • b. The Applicant's proposal does not appear to be in compliance with 1.5, 4.5U and 5.16U of the Meridian Comprehensive Plan. A plan for complete development of all lands shown on the Generalized Land Use Map for all developers would be most helpful. The subject land also appears to be the land commonly referred to as Idaho Foreign Trade Zone (FTZ) and therefore we question whether R-2 zoning is compatible for the south 6 acres. There is no development plan shown for those six acres. We have been told in the past by the City of Meridian that you will not annex open land without a concrete development plan. c. zt appears that Meridian has or may soon have competing and conflicting uses in this area without thoughtful and careful planning. Furthermore, it is unclear what the City's plan is for Wilson Lane. Whether that street will continue east to lot 1 of Pleasant Valley Subdivision to the Treasure Valley Business Park, whether every eastern property owner will request Fairview access as they have now, and whether ACRD will approve is unclear. It appears that the City is approving classic strip development with all of its associated problems. The City of Meridian has or will have piecemeal development all along the south side of Fairview, which is identified as an eastern entryway to the City. d. The irrigation water delivery system crosses the southern 6 acres of subject land requested to be zoned R-2. This irrigation water delivery system must be protected for users of the water. There appears to be no plan for piping this water in the Econo Lube subdivision. e. The irrigation waste water system crosses 8.5 acres in numerous places, carrying wasted irrigation water from 52 acres east of this land. This amount of waste irrigation water needs to be taken into account in the plans and drawings. This is a concern of ours due to the previous construction of D & B Supply where this was not taken into account until the construction of Wilson Lane was almost completed. f. Currently all road runoff-from Wilson Lane runs above ground and within 25 feet of our domestic well. The additional road water runoff, which, in the future, could be carrying additional hazardous waste from the proposed auto repair shop will compound our concerns for safe drinking water from our well. REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 • • 28. There were no other comments by the public at the September 9, 1997 hearing regarding this application, and the hearing was continued until October 14, 1997. 29. A resubmittal of the Application for annexation, zoning, and a conditional use permit containing additional information requested at the September 9, 1997 public hearing, via letter from Patrick McKeegan dated October 7, 1997, was received by Shari Stiles, Planning and Zoning Director on or about October 8, 1997. The additional information is incorporated herein as if set forth in full. Specifically, the resubmitted Application includes the following information as revisions to the preliminary plat: a. Delineation of modifications to the irrigation/drainage ditches. The .plan maintains irrigation to drainage from existing undeveloped lots effected by this project. Approval from the Irrigation District is in progress. b. Water and sewer service have been extended along Wilson Lane. The utility easement within the subdivision has been relocated to the east property line. c. The street name (Wilson Lane) has been approved. The subdivision approval is still in process. d. The additional 4 feet of right of way on Fairview Avenue has been shown on the plat and C.U. site plan. e. The 25' landscape setback and berm on Fairview Avenue has been shown on the plat and C.U. site plan. f. Alignment of the Fairview access drive with Avest Lane in compliance with ACHD standards. is shown on the plat and C.U. site plan. g. The preliminary plat map has been stamped and sealed. h. A 5 foot wide sidewalk has been added at Fairview Avenue. i. Investigation of the "discovered" irrigation pipe REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22 ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING AND CONDITIONAL 'JSE PERMIT Revised 10/23/97 • continues. Appropriate information will be added to the plat map. 30. The resubmitted Application also included Econo Lube N'Tune and Schuck's color, exterior elevations, floor plans and site signs. In addition, the following information was in the rer~ubmitted Application as relates specifically to the conditional use permit: a. Fire hydrants will be placed as requested by the Meridian Public Works Department. b. Street lights will be located at the Fairview egress point and eastern fire hydrant on Wilson Lane. c. Landscaping has been modified to add the berm at Fairview Avenue and one tree per 1,500 s.f. of asphalt. d. The parking has been modified to provide 19' deep stalls. At Schuck's north side the asphalt depth is 17 feet with 2 feet added to the sidewalk. This allows the curb to act as a wheel restraint. The required number of parking spaces (54) have been provided. e. Accessible parking places will be constructed, marked and signed in accordance with ADA guidelines. f. Proposed pole mounted signage information is included for pour information. It is our understanding that the signage will require a separate approval. g. Trash enclosures will match the building construction. Dumpster sizing and location will be in conformance with Sanitary Services, Inc. requirements. h. Individual site drainage has been shown for each lot. i. At the Public Hearing Schuck's was requested to review their building placement. Schuck's reviewed relocation of the building. Attached is a narrative addressing the reasons for the location shown on the revised site plan. 31. Additionally, Schuck's submitted a narrative summarizing their evaluation of reorienting their building on the site as REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23 FCONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 • s requested by Commissioner Smith at the September 9, 1997 meeting. The narrative is incorporated herein as if set forth in full. The narrative specifically set forth the following information: As requested at the September 9, 1997 Planning and Zoning meeting, we have evaluated the idea of reorienting our standard 7,000 square foot building to face east and move the building closer to Fairview Avenue. After numerous discussions and review of the plans we have determined that the reorientation of the building would be inferior to the site plan that was presented at the meeting. It would be inferior for the following reasons: a. The front of the building including entrance, exit, canopy sign, windows, entrance parking and main lighting would face the rear of the proposed Econo Lube store, in lieu of facing Fairview Avenue. This would be undesirable. b. The majority of the customers would have to drive to the rear of the property to park, in lieu of all parking in front of the store. This would create a non-friendly parking lot layout for our customers. c. We would loose (sic) one parking space. d. The rear of the building (100) feet would face west bound traffic on Fairview Avenue. e. The side of our building (70) feet which has drain gutters, no windows or special treatments would face Fairview Avenue. This is not an attractive look for the surrounding community. f. Customers would tend to park along the side of the building instead of the front because it would be the first accessible parking space when entering the parking lot. g. The building would set approximately 64 feet closer to Fairview, which would create a crowded appearance to the development. This would block the visibility to both; the proposed Econo Lube to the east and the existing D & B Lumber store to the west. We have a reciprocal access agreement and a approval of the site REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24 ECONO LUBE N'TUNE, INC. - ANNEXATIO'.~i AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 i plan and proposed building location from D & B lumber, any deviation from this would not be acceptable. We would like to keep the building orientation so that the front of the building faces Fairview Avenue and that all parking would be accessible from the front of the store. 32. At the October 14, 1997 public hearing, Econo Lube N'Tune's representative, Dennis Thornton, testified substantially as follows. The Applicant took the Planning Commission's recommendations, considerations, and tried to address each of those issues. The Applicant re-submitted the site plan with color elevations, floor plans and site signs which was requested at the last planning meeting. The Applicant made the revisions to the plat as were requested, adding fire hydrants, street lighting, modifying the landscaping and the berm on Fairview including one tree per 1500 square feet. The parking has been modified to 19 feet deep stalls, on the Schuck's north side, asphalt depth is 17 feet but 2 feet was added to the sidewalk as recommended. There are 54 parking spaces as required, accessible parking spaces will be constructed marked and signed in accordance with the ADA guidelines. The proposed pole mounted sign information has been submitted. Trash enclosures will match all building construction. Individual site drainage has been shown for each lot. Schuck's looked very hard at reconfiguring the building on the site and because of constraints that they felt were unacceptable, determined it would not be advantageous to the entire development. The Applicant tried to address the concerns of Commissioner Smith, and REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25 ECONf,1 LUBE N'TUNE, INC. - ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 • • looked very hard at making some changes in accordance with his suggestions. The Applicant believes the site plan as re-submitted is the highest and best use. Changes to the plat include modification of irrigation and drainage ditches, water and sewer service has been extended along Wilson Lane. The utility easement within the subdivision has been relocated to the eastern property line that being one utility easement. The street name Wilson has been approved and the subdivision approval is still in process. The additional four feet of right of way on Fairview has been shown on the plat and the conditional use site plan. The 25 feet landscape setback and berm on Fairview have been shown on the plat and the Conditional use site plan. The Applicant has aligned the Fairview access drive with Avest lane in compliance with ACRD standards as shown on the plat and the CU site plan. The preliminary plat map has been stamped and sealed. A five foot wide sidewalk has been added at Fairview Avenue and the investigation of the discovered irrigation pipe continues and appropriate information will be added to the final plat. 33. In response to questioning by Commissioner Smith, Mr. Thornton testified substantially as follows. He does not recall the request for moving the building closer to the road being directed at Econo Lube at all, but only to Shucks, and Commissioner Smith must be mistaken. Therefore, Econo Lube did not look at reorienting the building. The Applicant prefers to have the stacking out front so that the handicapped parking is out front REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 26 ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 • s and they can be taken into the facility without much difficulty. The Applicant also likes it to look to the public as if it is very busy. 34. Bill Geyer testified substantially as follows. He represents the Schrandt family limited partnership which owns the D & B facility to the west of the proposed application. He would like clarification on the ingress easement his partnership has been truing to negotiate with the Applicant for several months. Mr. Geyer asked if the ingress/egress point is something that is a condition of their approval for the development. Commissioner Borup replied that most of the requirement for the cross access has come from ACRD, but it makes sense. ee feels that the cross access needs to be out front, not out back of the property. 35. Glen Buday, representative for Schuck's, testified substantially as follows. Schuck's does not want their parking to the rear of their building so that customers buying batteries and other heavy items can reach their cars quickly. Mr. Buday read the Schuck's narrative for building orientation submitted by Schuck's, and elaborated some on parking and building orientation. (See paragraph 31 above for the complete text). 36. Commissioner Smith responded by asking what originally dictated how the buildings would be situated on the property. Mr. Thornton again testified substantially as follows. Schuck's found the site first, and then an agreement was arranged so that Econo Lube N'Tune would maintain Schuck's position next to D & B Supply. REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 27 ECONO LUBE N'TUNE, INC..- ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 • He also added that there are security issues involved with moving the parking to the rear because the businesses are closed at night. But because Schuck's is open a little later in the evening, people would be walking behind the building in the dark, causing safety concerns. 37. Commissioner Borup then commented that he believes Schuck's narrative shows they just decided on a building they want and determined that it is best for them and easiest, not best for anyone else. He likes the building at Ustick and Five Mile in Boise with a corner entrance and windows on both sides, and parking on the sides. 38. Commissioner MacCoy commented that he shares Commissioner Borup's and Commissioner Smith's concerns with the building orientation. 39. Commissioner Smith then commented further as follows. He does not appreciate Mr. Buday's comment that the floor plan is designed how it is and that is just the way it works. He does not believe that the plan shows good design work and the whole site is bad design. Since this is a case where there is an empty piece of ground with building owners who are very cooperative, very able, and very capable to work together, to end up with the plan as submitted is a substandard approach. He believes this just amplifies the problems with cookie cutter design, cookie cutter architecture that anyone can take a business and plop it on any site anywhere in Boise or anywhere in the United States and expect REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 28 ECONO LUBF N'TUNE, INC. - ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 • it to work. That approach does not address the concerns that he ar the other commissioners have about the site, and avoiding strip development. He is very disappointed and strongly disagrees with the statement that reorientation would be inferior to the site plan that was presented at the meeting.. He thinks that with some creativity there could have been a solution that worked the Applicant and the Commission. However, he will not support the site plan the way it is presented. In addition, he believes a monument sign is sufficient and the pole sign designs submitted are not needed. There is more signage on the building than is needed, and he will not support the signage package as presented either. 40. In response to Commissioner Smith's concerns, Mr. Thornton testified substantially as follows. The Applicant wants to build in Meridian, and will do all it can to comply with the wishes of the Commission, and he agrees it isn't the best way to do it, but the Applicant does not have enough property to make it work out better. The Applicant is trying to get everything approved by December so that building can begin and everything will be built within two months. The Applicant would be happy to look at any other suggestions, but has budget restraints that prevent the building from being the way the Commission wants it. If signage is a problem, the Applicant will look at a monument sign. 41. There was no further testimony at the October 14, 1997 public hearing. 42. The property included in the annexation and zoning REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 29 ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING AN CONDITIONAL USE PERMIT Revised 10/23/97 application is within the Area of Impact of the City of Meridian. 43. The parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (ZJ.f3.P.A. ) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 44. The property can be physically serviced with City water and sewer, if applicant extends the lines. 45. Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots and other uses. 46. The following pertinent statements are made in the Meridian Comprehensive Plan and are specifically applicable to this Application: 1. Under ECONOMIC DEVELOPMENT COMMERCIAL ACTIVITY CENTERS at page 17 Retail, commercial and office development are frequent partners within Commercial Activity Centers. In order to support residential and industrial developments, areas should be set aside as Commercial Activity Centers and their development carefully guided. Various commercial activity centers are designated on the generalized land use map. Planning policies pertaining to commercial activity centers are presented in the land use chapter of the plan. MIXED-PLANNED USE DEVELOPMENT AREAS at page 17 Mixed use is a planning category which refers to the coordinated development of several major uses as part of a single project, such as specialty REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 30 ECONO LUBE N'TUNE, INC. - ANT'EXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 • retail/commercial, variable density residential, offices, motels, industrial, service, commercial, and public and semi-public uses. Certain areas have been designated for mixed-planned uses. The development of mixed and planned compatible land uses .should be carefully guided through specific project plans, in accordance with the mixed-use policies contained in the Land Use chapter of the Plan. Economic Development Goal Statement Policies, Page 18 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 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. (Emphasis added.) 2. Under LAND USE EXISTING CONDITIONS, Page 21 Commercial and retail areas are established along major arterials, and include small commercial center and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. Area of Impact, Page 22 REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 31 ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 • • Comprehensive Plan Map The proposed future land use delineations for the impact area are shown on the Comprehensive Plan Map - Generalized Land Uses, The land use element is based upon these objectives: 4. Planned mixed uses along I-84, Franklin Road, U.P. Railroad, and Fairview Avenue corridors. (Emphasis added.) COMMERCIAL ACTIVITY CENTERS, Page 25 In all cases, the locations of Commercial Activity Centers should be guided by performance and developments standards. These standards consider, among other aspects: 1. Traffic Volume and Type 2. Trip Generation 3. Impacts on Arterial Street System 4. Proximity to Other Commercial Development 5. Impacts on Neighborhood Residential Areas 6. Accessibility of Site 7. Parking Demands 8. Pedestrian Circulation 9. Available Utility Systems 10. Aesthetics (Design Considerations) 11. Use Impacts Upon Other Adjacent Uses 12. Internal Circulation Design 13. Drainage COMMERCIAL POLICIES, Page 26 4.6U Community shopping centers will be encouraged to locate at arterial intersections and near high-traffic intensity areas. (Emphasis added.) MIXED-PLANNED USE DEVELOPMENT, Page 28 Mixed-Use Area at~Locust Grove Road and Fairview Avenue plus areas North of Fairview Avenue 5.16U A variety of coordinated, planned and compatible land uses are desirable for this area, including low-to-high density residential, office, light industrial and commercial land uses. REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 32 ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING AND CONITIONAL USE PERMIT Revised 10/23/97 • 5.18U Existing residential properties will be protected from incompatible land-use development in this area. Screening and buffers will be incorporated into all development requests in this area. Rural Areas, page 29 Land covered by this policy section has characteristics which generally allow for agricultural and rural residential activity due to the existence of irrigation systems, soil characteristics and relative freedom from conflicting urban land uses. Where community growth creates pressure for new development, it must be recognized that agricultural land can no longer economically continue to be identified or used as agricultural land to the exclusion of orderly city growth and development." 3. Under TRANSPORTATION, Page 43 Existing Conditions a. Cherry Lane/Fairview, East of Meridian Road, is listed as a principal arterial b. Locust Grove, Franklin to Ustick is listed as a Minor arterial. 4. Under COMMUNITY DESIGN, at Page 71 Community Identification Goal Statement Create visual quality and functional identity for the City of Meridian and its surrounding environment. Policies 1.1 All commercial and industrial developments should be reviewed by the City for adequate site planning. 1.3 Open space areas within all development should be encouraged. REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 33 FCONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 • 1.4 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. Special Community Desian Areas Goal Statement 2.1U Require businesses and government to install and maintain landscaping. 2.2U Encourage area beautification through uniform sign design that enhances the community. 2.3U Encourage the beautification of streets, parking lots, public lands, and state highways. 2.5U Encourage the use of attractive open space, landscaping, lighting, and street furniture for the benefit of the public. Entrvwav Corridors Entryway corridors are arterial roadways entering the community that introduce both visitors and residents to Meridian. City-designated gateway arterials include the following streets: c. Fairview Avenue (East entrance) Entryway corridors are a community's front door. It is acknowledged that the corridor's trees (or lack thereof), commercial signage, and site character provide the first, and often times the most lasting, impression of the entire community. Therefore, the entire community and, most specifically its governing bodies, have the right and the responsibility to guide the development and redevelopment that occurs along entryway corridors. REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 34 ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING AND CONDITIONAL USE PERMI`r Revised 10/23/97 Entrance Corridors Goal Statement Promote, encourage, develop and maintain aesthetically-pleasing entrances to the City of Meridian. Policies 4.2U Support ACRD corridor development standards for the entryways to the City. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development 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. Quality of Environment Goal Statement Policies 5.2U Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. Neicrhborhood Identify Goal Policies, 6.1U All Meridian neighborhoods will be served with sidewalks, curb and gutters, and functional streets. 6.4U Lim~.t the conversion of predominantly residential neighborhoods to nonresidential uses, and require effective buffers and mitigation measures through conditional use permits when appropriate nonresidential uses are proposed. 47. The property is included within an area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan as a Mixed/Planned Use Development area and a commercial designation is just to the west of the parcel. REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 35 ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 • . 48. The requested zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: "(C-G) General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development."; 49. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, Commercial, lists commercial uses allowed in the various zoning districts of the City; that Automobile Repair Shops and Retail Stores are both listed as conditional uses in the General Retail and Service Commercial (C-G) district. 50. That Planned Development is defined in 11-2-403 B, at page 20 of the Zoning Ordinance booklet, as follows: "An area of land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, or commercial or a mixture of compatible uses. A PD does not necessarily correspond to lot size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in any one or more created districts or this Ordinance." and a Planned General Development is defined as follows: "A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complimentary conjunction of uses and functions. This PD REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 36 ECONO LOBE N'TUNE, INC. - ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 • . classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses." and a Planned Commercial Development is defined as follows: "Any development in which the principal use of land is for commercial purposes." 51. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, park's and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service tc+ current and future residents of the City; that the City knows that the increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 37 ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 • • school services to current and future students; that the industrial and commercial developments do provide taxes for providing fire, police, emergency health care, water, sewer, parks and recreational services for people that are here, and which will come here. 52. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 53. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 54. That Section 11-9-605 L states, in part, as follows: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing, or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 55. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: "The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 38 ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 • 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses." 56. That 11-9-607 E, of the Subdivision Ordinance, states in part as follows: "A PD shall be allowed only as a Conditional Use in each district subject to the standards and procedures set forth in the Section. A PD shall be governed by the regulations of the district or districts in which said PD is located. The approval of the Final Development Plan for a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, signs, and other regulations as may be desirable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this Section." 57. That 11-9-607 F, of the Subdivision Ordinance, states in part as follows: 1. Planned Developments - Planned developments shall be subject to requirements set forth in the Zoning Ordinance and also subject to all provisions within this Ordinance. 8. Financial Guarantees - The developer shall post financial guarantees for all approved on-site improvements if required pursuant to 9-606 C." 58. The Applicant submitted an Application and materials and documentation for a conditional use permit to construct and operate an Econo Lube N'Tune facility on the property; that such Application, materials and documentation on the conditional use are incorporated herein by this reference as if set forth in full; that the Applicant submitted materials on the conditional use request and did reference how the Econo Lube N'Tune facility would be operated; there were comments from the public which pertained to the annexation and zoning and to the conditional use permit, and REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 39 ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 • • such are incorporated herein as if set forth in full for purposes of the application for the conditional use permit. 59. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS OF LAW 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the City Council has judged these annexation, zoning and conditional use applications under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 40 ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 • • 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the property owners, and is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The Citv of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways. 10. That the Applicant's proposed use of the property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. The Applicant has stated and represented that its intention is to construct and operate an Econo Lube N'Tune auto service facility; that there will also be a Schuck's automotive parts retail store on the adjacent lot; that the area is designated in the Comprehensive Plan as a Mixed/Planned Use Development area which requires planned use development; the Applicant has requested REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 41 ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 • zoning of General Retail and Service Commercial (C-G), which does allow for a commercial planned development.. 12. That it is concluded that since the Applicant has suggested that it would develop the property as a -planned commercial development and since the Comprehensive Plan, under LAND USE, Mixed-Use Area at Locust Grove Road and Fairview Avenue, in 5.16U, states that all development requests will be subject to development review and conditional use permit processing, and the City should have control over any uses that are to be placed on the land, it is therefore concluded that the development should be conditioned on being developed as a Commercial Planned Development, which is allowed in the General Retail and Service Commercial ( C-G ) district. 13. That, as a condition of .annexation and the zoning of C-G, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address, among other things, the following: a. Inclusion into the development, including but not limited to, the requirements of 11-9-605 1. C, Pedestrian Walkways. 2. G 1, Planting Strips. 3. H, Public Sites and Open Spaces. 4. K, Lineal Open Space Corridors. 5. L, Pedestrian and Bike Path Ways. 6. M, Piping of Ditches and 11-9-606 7. Bicycle Pathways. 8. Storm drainage. REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 42 ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 • • 9. Sidewalks and Pedestrian Walkways. 10. Greenbelt. 11. Pressurized Irrigation. b. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fees, adopted by the City, as agreed to by the Applicant in statements by its representative during the public hearing. c. Addressing access linkage, screening, and buffering. d. An impact fee, or fees, for park, police, and fire services as determined by the city. e. Appropriate berming and landscaping. f. Submission and approval of any required plats. g. Submission and approval of individual buildings, drainage, lighting, parking, and other development plans under the Planned Development guidelines. h. Harmonizing and integrating the site improvements with the existing residential development. i. Establishing a 35 foot landscaped setback as suggested under the Comprehensive Plan and landscaping the same. j. Addressing the comments of the Planning Director. k. The sewer and water requirements. 1. Agreeing that the Meridian Comprehensive Plan is applicable to the land and any development. m. Traffic plans and access into and out of the development. n. Meeting the representations made as part of the application and hearing process. o. And any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing as required under the Meridian Comprehensive Plan. 14. That Section 11-2-417 D of the Meridian Zoning Ordinance states that a development agreement should be recorded in the REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 43 ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 ~ ~ office of the Ada County Recorder and take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. That it has been the experience of the City that development agreements are difficult to enter into prior to the annexation ordinance being passed; that it is concluded that the development agreement shall be entered into prior to the final plat being approved and prior to issuance of any building permits. 15. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian and should be enacted. 16. That regarding the conditional use permit request for the Applicant, Econo Lube N'Tune, it is concluded as follows in paragraphs 17 through 31. 17. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning And Development Ordinance of the City of Meridian. 18. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code Section 67-6512 and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 44 EC7N0 LUBE N'TUNE, INC. - ANNEXATION AND ZnNING AT~D CONDITIONAL USE PERMIT Revised 10/23/97 ~ ~ time period for which a conditional use may be in existence. 19. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 20. This Application for a conditional use has been judged upon the basis of guidelines contained in Section 11-2-418 of the Zoning And Development Ordinance 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 may take judicial notice. 21. Section 11-2-418 C of the Zoning And Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the. City Council shall review applications for Conditional Use Permits. Upon a review of those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would be harmonious with and in accordance REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 45 ECONO LOBE N'TUNE, INC. - ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 ~ ~ with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use; c. The use is designed and is to be constructed to be harmonious in appearance with the character of the general vicinity; that if the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; e. The property has sewer and water service already connected, but Applicant may have to pay additional fees for the use; f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; g. If the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. The use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and i. The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 22. As conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the conditions (listed in paragraph 22 of the Facts section above) of granting the conditional use be required, which REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 46 ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 conditions are incorporated herein by reference. 23. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 24. As a further condition of the conditional use permit, a development agreement should be entered into regarding the development of the retail uses and such is hereby made a condition of the granting of the conditional use permit. It is recommended that if the Applicant meets the conditions stated above that the conditional use permit be granted to the Applicant. 25. That the requirements of the Meridian City Engineer's office, Meridian Fire Department, Central District Health Department, and the Nampa & Meridian Irrigation District, shall be met and addressed in a development agreement. 26. That Applicant and the City should address the requirements and policies listed on Page 28 of the Meridian Comprehensive Plan for the mixed-planned use development and all proposed uses shall obtain conditional use permits. 27. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. 28. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the development agreement. REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 47 ECONO LUBE N'TUNE, INC. - ANNEXATION AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 ~ ~ 29. That these conditions shall run with the land and bind the applicant, owner, and their assigns. 30. With compliance of the conditions contained herein, the annexation and zoning of General Retail and Service Commercial (C- G), and the issuance of a conditional use permit would be in the best interest of the City of Meridian. 31. That if these conditions of approval are not met, the property shall either not be annexed and the conditional use permit shall not be granted or the property shall be de-annexed and the conditional use permit revoked. 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 BORUP COMMISSIONER MACCOY COMMISSIONER SMITH COMMISSIONER NELSON CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED VOTED VOTED l ~ ~ 7 VOTED / ,` REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 48 ECONO LUBE N'TUNE, INC. - ANNEXATION AND BONING ~31~TD CONDITIONAL USE PERMIT Revised 10/23/97 c~ ~ D 1 • • DECISION AND RECOMMENDATION The Planning and Zoning Commission of the City of Meridian hereby decides that the property set forth in the .application should be approved for annexation, zoning and issuance of a conditional use permit under the conditions set forth in these Findings of Fact and Conclusions of Law; that if the Applicant is not agreeable with these Findings of Fact and Conclusions and is not agreeable with entering into a development agreement, the property should not be annexed. There shall be no development or use, whatsoever, of the property set forth in the Application as being used for anything other than a Planned Commercial Development for retail, even if annexed and zoned General Retail and Service Commercial (C-G), and such is approved by the City of Meridian prior to commencement of construction. MOTION: APPROVED: DISAPPROVED: Y~l~i~~ J~ REVISED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 49 ECONO LUBE N'TUNE, INC. - ANNEXATIO?J AND ZONING AND CONDITIONAL USE PERMIT Revised 10/23/97 WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City 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" CORDON, 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 Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: September 2. 1997 TRANSMITTAL DATE: 8/20/97 HEARING DATE: 9/9/97 REQUEST: Annexation and Zonin of 8.5 acres to C-G and R-2 BY: Econo Lube N' Tune Inc. LOCATION OF PROPERTY OR PROJECT: East of Locust Grove South Side of E. Fairview JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING. P/Z BYRON SMITH, P/Z KEITH BORUP, 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 BUII,DING DEPARTMENT FIItE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (P . & FINAL PLAT) BUREAU OF RECLAMAT RE . & FINAL P T} CITY FILES OTHER: YOUR CONCISE RE 1Cfi~Ct~~~i CIS CAF ~ ~'~ CI ~ ~ : . _ ~:~~s OFFICIALS WILLIAM G. BERG, JR., Clty Clerk JANICE L. SMITH, 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 Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor GOUNGIL MEMB pS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P_ & Z COMMI 410N JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: September 2, 1997 TRANSMITTAL DATE: 8/20/97 HEARING DATE: 9/9/97 REQUEST: Annexation and Zonin of 8.5 acres to C-G and R-2 BY: Econo Lube N' Tune Inc. LOCATION OF PROPERTY OR PROJECT: East of Locust Grove South Side of E. Fairview JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z KEITH BORUP, 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 MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION ~~~~~ V~~y CENTRAL DISTRICT HEALTH LJ NAMPA MERIDIAN IRRIGATION DISTRICT AUG 2 2 1997 SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT~~ Q f MERIDIA N U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES Q~ ~ f _ OTHER: © / YOUR CONCISE REMARKS: CITY PLANNER /V CJ p V ~ ~ 1 r~ (~>~ ~ ~ S Any ~,~ X /~ i a ~v mw-z CENTRAL CEN~AL DISTRICT HEALTH DEPAR~NT ~R'~CE~VELI •• DISTRICT Environmental Health Division ~'If HEALTH ~ ~~~7e DEPARTMENT X1711 ~F ;N~t-N Rezone # ~ ~ ~ ~~ ~. S ~ZriL~p , ^ Garden City Conditional Use # Meridian ^ Kuna Preliminary /Final /Short Plat ^ ACZ N~•~'f7~~rl ~ C~~/o ^ 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 ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ~ central sewage ^ community sewage system ^ community water well ^ interim sewage .central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Run-off is not to create a mosquito breeding problem. ^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ^ 14. Date: ~/ /~ Reviewed By: (DND 10/91 rc6, rev. 7/91 Review Sheet r. ADA~OUNTY HIGHWAY D Planning and Development.Divi~ Development Applicationteport MCU-35-97/MA 2030 Fairview Avenue The applicant is requesting conditional use approval shopping center. The applicant is also requesting ai rezone from R-8 to C-G. The 2.15-acre site is 1 approximately 1/4 mile east of Locust Grove= a . 560 additional (570 total) vehicle trips per day base Engineers Trip Generation manual. .,,~£, center is an 8,000-square foot retail '.o a City of Meridian and a the ide of Fairview Avenue, 3evelo meat is estimated to generate ems; itute of Transportation Roads impacted by this development y~ Fa~iew venue y~;~. Wil~on~ e .~,.. °~'~ '~_~ ~~ ~, ~µ 't'om ,t' i. ACHD Commission Date -October 15, .1997 - 7:00 p.m. ~~ i ~ ' ~ -AH. M~ K ).. ]~. Y Q h .. ^ r~ ~- .. _fA i` ~ _..~ OL. ^ __ ......_ .... .~.... .o ,r h --..._ p, -- ~~ ~~ _. _.-._. _ ~---J o~, -., w ~~ i .~ ,:e w- r 1~'~t 1~'M.' z cs ~~ ~ d rn t7 rn Z N L Z '- ~ ~ Q E v gar _~~T_. ._r•8~B I v ~ /~ i ~~ l 1 1 I .... _ ~ _ .. ~~~•~~~ ~ .. ~ 86 I ~. z I ~ ~- ~ . • A ~ - _ 7 ~ ~ ~ ~ ~ . T . .. ~ //''~~ ~ / , O b ~ ~ J ~ 0 ~ ~ ' 1 ~ ~ "' h I 0 '~ ~ • ~ ~ ~ . ~ ^ . ~. o ~ I , , ~r,~,,,.. ' ~ ~ . .~.., _ . ~ I ~ ~~~ 3~Q~g sn~o~ • • MCU-35-97 F,~Eo ~ w -~~ 200 0 200 400 600 800 1000 Feet N W E S • Facts and Findings: A. General Information Owner -Tom Bevan Applicant -Same R-8 -Existing zoning C-G -Requested zonin; 2.15 -Acres 8,000 -Square feet, of pt 1 -Existing single f 200 -Total lineal feet 270 -Traffic Analysis West Ada - Impact Fee B ~,,,F :. Western Cities - Impacf>F Fairv•ew v ~ e ` -` ~'' Principal arterial with bike -route designation Traffic count 26,008 on 8/13/96 (west of Locust Grove Road) 200-feet of frontage -~~ Y',- 90-feet existmg~'right~f way (30-feet south of the section line) 108-feet required right-of--way (54-feet from centerline) Fairview Avenue is improved with 80-feet of pavement with no curb, gutter or sidewalk on the south side. Wilson Lane Local commercial street with no pathway designation No traffic count available 250-feet of frontage 60-feet existing right-of--way (from Locust Grove Road to a point 250-feet west of the site) 0-feet of right-of--way abutting the site 58-feet of right-of--way required for the extension (40-feet required from this site) Wilson Lane has. been constructed from Locust Grove Road to a point 250-feet west of the applicant's west property line as one half of a 41-foot street section with curb, gutter and sidewalk on the north side. The roadway has not been extended to this site. B. Wilson Lane is an east/west road located approximately 450-feet south of Fairview Avenue and currently terminates approximately 250-feet west of the applicant's west property line. On September 10, 1997, the Commission approved Econo Lube Subdivision, a 5-lot commercial/residential subdivision on 8.527-acres abutting the subject site's west property line. That applicant also requested conditional approval to construct an Econo Lube N' Tune MCU3597.COM Page 2 .~. ! • ~~~ ::~ .~: facility and a Schucks Auto Store, and to rezone from RT to'C=G'and R-2. Asia condition of approval, Econo Lube Subdivision was required to extend W..lson Lane,to then east ~~; boundary (the subject western boundary) as one half. of a~;~}1-foot sheet sec~io plus 12- additional feet of paving with curb, gutter, and 5-foot~wzde concrete sidewalk (on the north side only) within 58-feet of right-of-way. r~.~ t,~'~'. V„~ . _.__ G Staff recommends that the subject applicant be~requued to=ex ilson Lane to their east boundary as one half of a 41-foot street section lus~l2,addi oral feet of paving with curb, gutter, and 5-foot wide concrete sidewalk (on e''nortti srde'~only) and dedicate 40-feet of .t. -~ right-of--way. When the parcel to the~s''uth this s te=redevelops, the owner of that parcel will be required to complete the streeL~impro emeto Wilson Lane. Coordinate the ~: ,.• improvements for Wilson Lane with District staff:Y .; = , . ~ District policy -requires the applicant to piovide a paved temporary turnaround with an easement provided to the District at'the terminus of Wilson Lane abutting the east property line. The District will .consider alternatives to the standard turnaround on a case-by-case basis. This will:be based on_turrung"area, drainage, maintenance considerations and the written approval of the emergency fire service for the area where the development is located. Submit a design of the turnaround for review and approval by District staff. r' ri: D. The site has 200-feet offrontage on Fairview Avenue. This is insufficient frontage for two driveways on Fairview' Avenue, therefore, only one driveway on Fairview Avenue should be approved with_this' application. The applicant is proposing to construct a driveway on Fairview Avenue, located approximately 45-feet east of the west property line, in alignment with an existing driveway/private road (Dixie Lane) on the north side of Fairview Avenue. The applicant's proposed driveway will meet the District's required 150-foot offset/alignment from the driveways on both the north and south side of Fairview Avenue. E. The applicant is proposing to construct a 30-foot wide curb cut driveway on Wilson Lane extended, located approximately 45-feet east of-the west property line. The location and design of the driveway meets District policy. F. Staff is concerned that the site's layout will result in a cut-thru problem as the.public shortcuts between Wilson Lane and Fairview Avenue. This potential problem will become more acute as the residential area to the south is developed. The applicant may want to redesign the site to minimize the potential for cut-thru traffic, revising the driveway orientation, adding speed bumps or traffic chokers. G. District policy requires the applicant to construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting the parcel (approximately 200-feet) prior to issuance of any required permits or District approval of a final-plat, whichever occurs first. H. Gravel driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District the applicant should be required to pave the driveway its full required width of 24 to 30-feet to at least 30-feet MCU3597.COM Page 3 • beyond the edge of pavement of Fairview Avenue ands-Wilson Ian~and install ;pavement tapers with 15-foot radii abutting the existing road~ray edge. -`~ ,~: 3~~ I. Utility street cuts in new pavement less than five years old are not allowed unless approved ...~, in writing by the District. Contact Construction Sezvices~a 345-7667 (with file numbers) for details. ~' District policy states that direct access to real and.collec, ors is normally restricted and that the develo er shall '~~~ p try to use combined access°pointsIn accordance with District policy the applicant should be required to provide a~recorded cross access easement for the parcels to the east and west to use this parcel .for access to the public streets prior to issuance of a building permit (or other required`'permits) ~ TherDistrict has required similar agreements from the owners af.the parcels to :'the east'and~w st when their development applications were reviewed by the_District. `~- ~~ ~~~r~~ ~,, K. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development' of this parcel. L. The existing transportation system will be adequate to accommodate the additional traffic generated :by, this proposed; development with the requirements outlined within this report. The following requirements are provided as conditions for approval: Site Specific Requirements: 1. Dedicate 54-feet of right-of--way from the section line of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 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. Dedicate 40-feet of right-of--way for Wilson Lane abutting the site's south boundary by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will rat be compensated for this additional right-of--way. Coordinate with District staff the location of the right-of--way with that being dedicated from the parcel to the west. 3. Extend Wilson Lane from the west boundary of the site to the east boundary of the site as one half of a 41-foot street section plus 12-additional feet of paving with curb, gutter, and 5- foot wide concrete sidewalk (on the north side only) within 40-feet of right-of--way. Coordinate the improvements to align the centerline of Wilson Lane with District staff. MCU3597.COM Page 4 ~~-, 4. Provide a paved temporary turnaround with an easement pro~red.to the Distri turnaround D 5. Construct a 30-foot wide driveway with 1 too avem t tapers on Fairview Avenue in alignment with Dixie .Lane (private), to = a r ~ " L 45-feet east of the west property line. 6. Construct a 30-foot wide curb c u 've on 'son Lane extended, located approximately 45-feet east of the.-Aa!est proper~'y~l ne. ;.~.. ,4:,r~ k 7. Provide a recorded cross,access ease ent for the pazcels to the east and west to use this pazcel for access to the public streets~rior to issuance of a building permit (or other required permits). f` ~~~`~ ~}~ <~,= ~`y~n 8. Construct a .5=foot wide coiicrere sidewalk on Fairview Avenue abutting the pazcel (approximately 200-feet)nor to issuance of any required permits or District approval of a final plat, whichever occurs first. Locate the sidewalk two feet within the new right-of--way of Fairview Avenue ~~ ' :3r-- 9. Pave all driveways at least 30-feet beyond the edge of pavement of Fairview Avenue and Wilson Lane and install pavement tapers with 15-foot radii abutting the existing roadway edge. 10. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 11. Other than the access point specifically approved with this application, direct lot or pazcel access to Fairview Avenue is prohibited. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACRD Development Services Supervisor. the request shall ~ecifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACRD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. at the terminus of Wilson Lane abutting the east graperty line. The .istrict ill consider alternatives to the standazd turnaround on a case-by-.case b~ s. Tlusq iII°' ~ ased on turning r~._._ ~ ~~.~ azea, drainage, maintenance considerations and the~wiiften approval of~the emergency fire ~~ .:~.~ service for the azea where the development is loca ^=Submit a design of the turnaround for review and approval by District staff. { MCU3597.COM Page 5 • Requests submitted to the District afrer 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item fronthe consent agenda and report to the Commission regarding the. requested modification,~variance or waiver. Those items will be acted on by the Commission unless removed`from the agenda by the Commission. ~ „ ..'~ ~' . .. '~C+'/ Ft 2. After ACHD Commission action, any request foi; reconsiderati n of the Commission's action shall be made in writing to the Development Se ~ ces*Superyisor within two weeks of the action and shall include a minimum fee of $110 ~~~e-reauest for reconsideration shall or aata inat was not avauaoie to the-co m~ssi~n at~the rime of it original decicion The request for reconsideration will be, heard by. the D~tstrict Commission at the next regular meeting of the Commission. If~.the Commission agrees to reconsider the action, the applicant will be notified of the date and°time of the Commission meeting at which-the reconsideration will be heard. --~`%~~ °~T. 3. Payment of applicable road.impact fees are required prior to building construction in accordance with" Ordinance #188, 'also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design .and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 5. 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. 6. 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. 7. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be.upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. MCU3597.COM Page 6 • Conclusion of Law: 1. ACHD requirements are intended to assure that the an undue burden on the existing vehicular and pede vicinity impacted by the proposed development. b Should you have any questions or comments,,.: lease ,_ y-:Ai Division at 345-7662. Submitted bv: date of ~' ` Y T ? - .~ ~1 .rr ~ .A ~;t.-.~ ~y,~' ~r~ ti;" '~~. ~' r~ `. 5 f -2.~ ~Lyrr ,. ,, ~ •__ ~ ~'^ pro os` ed use/develo''r~ient will not lace ~~; P-~ p nan~transportation'system within the Services MCU3597.COM Page 7 S EP 0 2 1997 CITY OF MERIDIAN 'yla"c~uc & ~~i~cidCa~ ~Innigatiocz Dia~ztct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 ill Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 RE: Annexation and Zoning of 8.S acres to C-G and R-2 Dear Commissioners: OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 Econo Lube N' Tune Inc. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. All laterals and wasteways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, ~~ Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File -Shop File - O,~`ice Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 27 August 1997 • r~ia & ~~eiud~a~s ~Ivr~yatta~ ?~ca~uct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 2 9 August 19 9 7 Phones: Area Code 208 OFFICE: Nampa 466-7861 B & A Engineers, IriC. Boise 343-1884 5505 W. Franklin Road SHOP: Nampa 466-0663 Boise, ID 83705-1055 Boise 345-2431 RE: Land Use Change Application for Econo Lube N'Tune. Inc. Dear B & A Engineers: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. If you have any questions concerning this matter please feel free to call on me at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, ~~ ~~'~~- Donna N. Moore, Assistant Secretary/Treasurer dnm cc: File Water Superintendent Lawrence R. & Lois E. Tuckness Patrick McKeegan, Architect City of Meridian enc. C~Op}~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 • • ~• C~ eJ4li ~i~t~it~c-y e~-•!Zli. 5505 W. Franklin Road • Boise, Idaho 83705-1055 To: William G. Berg, Jr. City Clerk REGEIV~D City of Meridian Facsimile: 887-4813 SEP 0 5 1997 Bruce Freckleton C~ ~F ~~~AN Assistant to the City Engineer City of Meridian Voice: 887-2211 Facsimile: 887-1297 From: Joe Canning, PE/LS ~f~ d Voice: 343-3381 Facsimile: 342-5792 Date: September 5, 1997 Total Number of Pages: 2 Subject: Econo Lube / Schuck's Development Application As requested in the memorandum dated 4 September 1997, authored by Bruce Freckleton, I am providing the following written comments to the items within the memorandum: Annexation & Zoning.• 1. No Comment 2. After reviewing the Meridian Subdivision Ordinance, I would have no objection to deleting the land south of Wilson Lane from the annexation request. 3. No Objection P~/lminary Plat & Condhtiona/ Use: 1. No Objection 2. No Objection 3. No Objection 4. No Objection, however the second sentence is repeated in item 5. 5. No Objection 6. No Objection 7. No Objection 8. Response is hereby provided. Site Specfi9c Comments.- 1. No Comment ., • • 2. No Objection 3. No Objection 4. The well's capacity is unknown at this time. It has served as the drinking water source for the home that is present on the project site. Further study regarding the well capacity is planned during the design of the landscaping during the project construction plan development phase of the project. 5. No Objection 6. No Objection 7. The centerline and right-of-way may be added to the preliminary plat. When does this need to be provided to the city? 8. This comment applies to the site plan prepared by Pat McKeegan. I will not comment for Mr. McKeegan. 9. This revision of access location to Fairview would also be planned to be added to the preliminary plat. 10. I had not noticed in the submittal data provided by the city the requirement that the preliminary plat carry a land surveyor's seal. I understood the boundary description was required to be sealed. 11. The preliminary plat will be revised. 12. No Objection 13. No Objection 14. No Objection 15. This comment applies to the site plan prepared by Pat McKeegan. I will not comment for Mr. McKeegan. 16. No Objection 17. No Objection 18. This comment applies to site characteristics to be planned by Pat McKeegan. I will not comment for Mr. McKeegan. 19. No Objection -05-97 O7:O9A LPF DISPATCH 8056812797 • • Thom and Barbara Myall 6227 Marlborough Dr. ~?EcIE~vED Goleta, CA 93117-1637 S EP 0 5 1997 TBMyall @ aol. com 805-683-1771 CI't'YOF MERIDIAN September 4, 1997 Ciry of Meridian FAx TRANSMITTAL potpAgns- 3 Planning and Zoning Commission T° 5' HAEZI S ; rc..`s From r ~YtlLL 33 East Idaho St. °°"a`~;y ~~N '~°~~ "bus ~.`•'I Z7~/ Meridian, ID 83462 Fax a`C ~.•, ~~..? ~/ ~ F~ pGO S- ~ l.r L 7~7_ Dear Commissioners: J(~ (J G We request the following be read and added to the record of this public hearing. Reference your notice of hearing for the Application of Patrick McKeegan Architects in behaff of Econo Lube N'Tune Inc, for annexation and zoning of approximately 8.5 acres of land located in the W 1 /2 of the NW 1 /4 of Section 8, T.3N., R.1 E., B.M. ,Ada County, Idaho, referred to as Econo Lube Subdivision. We are landowners of approximately 18 acres immediately adjacent to subject land on the west side, known as 1470 N. Locust Grove Road, consisting of a private residence and agricultural land. Item 1 -Comprehensive Plan -City of Meridian - 1993 This proposal does not appear to in compliance with 1.5, 4.5U and 5.16U of the Meridian Comprehensive Plan. A plan for the complete development of all lands shown on the Generalized Land Use Map for all developers, including us, would be most helpful. This appears to also be the land commonly referred to as Idaho Foreign Trade Zone (FTZ) and therefore we question whether R-2 zoning is compatible for the south 6 acres. There is no development plan shown for those six acres. We have been told in the past by the city of Meridian that you will not annex open land without a concrete development plan. It appears that Meridian has or may soon have competing and conflicting uses in this area without thoughtful and careful planning. Furthermore, what is your plan for Wilson Lane? Do you plan for that street to continue east to lot 1 of Pleasant Valley Subdivision to the Treasure Valley Business Park? Is every eastern property owner going to request Fairview access as they now have? Is ACRD going to approve? It appears that you have and are approving classic strip development with all of its associated problems. We have maintained in previous testimony that you have or will have piecemeal development all along the south side of Fairview, which is identified as an eastern entryway to the city. Item 2 -Irrigation Delivery System -Settlers Irrigation District. The irrigation water delivery system crosses the southern 6 acres of subject land requested to be Zoned R-2. This irrigation water delivery system must be protected for those of us that still need and use the water. We see no plan for piping of this water in the EconoLube subdivision. SEP 05 '97 08 21 8056812?97 PAGE.01 Sep-05-97 O7:O9A LPF DISPATCFI SO56S1Z797 P_OZ ` ~ • Item 3 -Irrigation Waste Water System The irrigation waste water system crosses 8.5 acres in numerous places, carrying waste irrigation water from 52 acres east of this land. This amount of waste irrigation water needs to be taken in account in the plans and drawings. Please refer to the attached drawing of the historic waste water system. This was and still is, a concern of ours due to the previous construction of D8B Supply where this was not taken into account until the construction of Wilson Lane was almost completed. Item 4 -Wilson Lane road runoff water Currently all road runoff from Wilson Lane runs above ground and within 25 feet of our domestic well. The additional road water runoff, which, in the furure, could be carrying additional hazardous waste from the proposed auto repair shop will compound our concerns for safe drinking water from our well. We request a written reply to this testimony. Sincerely, ~~ Barbara C. Myall Thom Mya cc: Dan Steenson, Ringert & Clark, Chartered Lawyers ACRD, Larry Sale Patrick McKeegan Architects SEP 05 '97 08 21 8056812?9? PAGE.02 Sep-05-97 O7:O9A LPF DISPATGFi 8056812797 ~tion System -Pleasant Valley 5ubdivi~ Lots 1 - 20 As of 1959 Fairview (Old Highway 30 ) K ~ ~ + o ~ s t Wilsun Lane G 0 V e ~ Irrigation delivery ~s Settlers Ditch Jackson Drain ~,~~ Irrigation WasTe Water Pickup O Irrigation Delivery Valve r i P.O3 Valve to NorTh side of Fairview err 11 SEP 05 '9? 08 22 8056812?97 PAGE.03 SEP-05-97 FRI 16:45 208 322 3487 • __ -~-- ~c-----~ ~- 218 S. Cole Road Boise, Idaho 83709 208.322.3486 208.322.3487 fax Patrick M~ Keegau Architects September 5, 1997 Rost-It° FaX Nate 7671 Oate e~, ~ , Ql papas' Yo 5~ From CoJOept. ~• Phone +~ Phone M Fax N a~ r ~,A ~ F8X g Bruce 1=reckleton, Assistant to City Engineer Shari Stiles, Planning and Zoning Administrator City of Meridian 33 East Idaho Street Meridian, Idaho 83642 Re: Econo Lube N' Tune Annexation, Zoning, Preliminary Plat and Conditional Use Permit Project No. 97020 Dear Bruce and Shari, I have received you comments dated September 4, 1997 and offer the following comments. Annexation and Zoning No comment. 2. Based on our discussion yesterday it is my understanding that the City will annex the portion of the property being subdivided without the portion south of Wilson Lane being annexed. The owner has geed to the dedication of the portion of the property for Wilson Lane. The portion south of Wilson Lane wiH be greater than five acres so it will still be large enough to qualify as a lot in the County R/r zone. I do not know of the owners plans for that property except that it is expected to be a residential use. The R 2 zone request was at the direction of the property owner. Acknowledged. Preliminary Plat and Conditional Use It is my understanding that the open ditches on this property serve only this property. We may use some of the irrigation for a pressurized irrigation system. Ditches that will not be EXTRA PAGE. 001 i • September S, 1997 Bruce Freckleton, Shari Stiles Page 2 used will be covered. Any ditches that remain active will be tiled per the referenced ordinance and the irrigation districts requirements. 2. It is our intention to use the exsting well for landscape irrigation if it has enough capacity. 3. This information was included in the soils report submitted with the application. The high ground water, as tested on August 13th, was encountered at 8-8.5 feet below existing grade. This should be close to the seasonal high. This will be below the anticipated building footings and tube pit floor structure. The tube pit uses a five layer waterproofing system that prevents migration of liquids in from both sides of the pit walls and floor. Let us know if additional information ~s required. 4. Sidewalks will be installed on Fairview Avenue and Wilson Lane as requested. 5 & 7. Acknowledged. 6. There will be no streets within the subdivision. The subdivision name has been submitted to the Committee for approval. 8. This letter is the requested response. Site Speofic Comments Correct. 2, 3. 5, 10, 12, 14, 16, 17, 18 & 19. Acknowledged. 4. We have not tested the system yet because the home is occupied. If the capacity is adequate we intend to use the well for irrigation. 6. It is our intention to have a common storm drainage system for the north two lots (Econo Lube and Schucks) to minimize the Cost and gain economy of scale. They would be installed and maintained through a joint easement between +he parties that would run with the land. If this is not desirable, we will install separate systems. The detailed drainage systems for the south two lots will be determined when the lots are sold. At this time it appears that the lots may be sold to one owner. 7. This information will be added to the Preliminary and Final Plat maps. EXTRA PAGE. 002 7, This information. be added to the Preliminary and Finalmaps. 8. The landscaping along Fairview Avenue will be bermed and installed as requested. The SEP 05 '97 16 48 208 322 3487 PAGE.01 SEP-05-97 FRI 16_46 208 322 3487 P. 02 • • September 5, 1997 Bruce `reckleton, Shari Stiles Page 2 landscape setbacks will be shown on the Plat. The 'nterior landscaping will be installed as requested. The requirement for surety is acknowledged. 9. This is acknowledged. We will install our egress point in conformance with the ACRD requirements. I I . The plat will be changed as requested. 13. We will construct the curb, gutter and sidewalk as requested. 15. The building will be moved 2.5 feet north to allow for the 19 foot stall length. Thank you for your review. If you need any additional information, please call. Sincerely, Patrick McKeegan Architects ~~G f ~~~ Patrick McKeega Principal Architect SEP 05 '97 16 48 208 322 3487 PAGE.02 September 4, 1997 City of Meridian Planning and Zoning 33 East Idaho St. Meridian, ID 83462 Dear Commissioners: Commission Thom and Barbara Myall 6227 Marlborough Dr. Goleta, CA 93117-1637 TBMyaIIC aol.com 805-683-1771 We request the following be read and added to the record of this public hearing. ~~~~ S E~ - g 1597 t~TY OF ~~tli?IAH Reference your notice of hearing for the Application of Patrick McKeegan Architects in behalf of Econo Lube N'Tune Inc, for annexation and zoning of approximately 8.5 acres of land located in the W 1/2 of the NW 1/4 of Section 8, T.3N., R.1 E., B.M. ,Ada County, Idaho, referred to as Econo Lube Subdivision. We are landowners of approximately 18 acres immediately adjacent to subject land on the west side, known as 1470 N. Locust Grove Road, consisting of a private residence and agricultural land. Item 1 -Comprehensive Plan -City of Meridian - 1993 This proposal does not appear to in compliance with 1.5, 4.5U and 5.16U of the Meridian Comprehensive Plan. A plan for the complete development of all lands shown on the Generalized Land Use Map for all developers, including us, would be most helpful. This appears to also be the land commonly referred to as Idaho Foreign Trade Zone (FTZ) and therefore we question whether R-2 zoning is compatible for the south 6 acres. There is no development plan shown for those six acres. We have been told in the past by the city of Meridian that you will not annex open land without a concrete development plan. It appears that Meridian has or may soon have competing and conflicting uses in this area without thoughtful and careful planning. Furthermore, what is your plan for Wilson Lane? Do you plan for that street to continue east to lot 1 of Pleasant Valley Subdivision to the Treasure Valley Business Park? Is every eastern property owner going to request Fairview access as they now have? fs ACHD going to approve? It appears that you have and are approving classic strip development with all of its associated problems. We have maintained in previous testimony that you have or will have piecemeal development all along the south side of Fairview, which is identified as an eastern entryway to the city. Item 2 -Irrigation Delivery System -Settlers Irrigation District. The irrigation water delivery system crosses the southern 6 acres of subject land requested to be Zoned R-2. This irrigation water delivery system must be protected for those of us that still need and use the water. We see no plan for piping of this water in the EconoLube subdivision. Item 3 -Irrigation Waste Wa~System • The irrigation waste water system crosses 8.5 acres in numerous places, carrying waste irrigation water from 52 acres east of this land. This amount of waste irrigation water needs to be taken in account in the plans and drawings. Please refer to the attached drawing of the historic waste water system. This was and still is, a concern of ours due to the previous construction of D&B Supply where this was not taken into account until the construction of Wilson Lane was almost completed. Item 4 -Wilson Lane road runoff water Currently all road runoff from Wilson Lane runs above ground and within 25 feet of our domestic well. The additional road water runoff, which, in the furure, could be carrying additional hazardous waste from the proposed auto repair shop will compound our concerns for safe drinking water from our well. We request a written reply to this testimony. Sincerely, }`uCC Barbara C. Myall r/ Thom Myall cc: Dan Steenson, Ringert & Clark, Chartered Lawyers ACHD, Larry Sale Patrick McKeegan Architects I~tion System -Pleasant Valley Subdivi~ is 1 - 20 As of 1959 Valve to North side of Fairview Fairview (Old Highway 30 L Wilson Lane ~~ r - Irrigation delivery .- '~ Settlers Dttch Jackson Drain ~ Irrigation Waste WaterPickup Q Irrigation Delivery Valve i 1 APPROVAL O~ FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact. and Conclusions of Law on this ~~ day of ~`~ ~~~"~~ 199. ROLL CALL COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROVE VOTED VOTED VOTED VOTED VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF Ll~W - <~ f Z Cc9Yz ~ ~u ~ ~ /~~ ~Gvy~„ • ~ MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING:, October 14.1997 APPLICANT: ECONO LOBE N'TUNE INC AGENDA ITEM NUMBER: 3.4 ~ 5 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ECONO LURE NTUNE (ANNEXATION ZONING PRELIMINARY PLAT CUP) AGENCY GTY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS Jv 6a~PPl~ ny-J~ ~~,~ aa~' f~{ ,~ a~r~'`"`' e ~ r J ~' rB ~, pP J~' ~~Q~ ~~ ~~ OTHER: All Materials presented at public meetings shall become property of ~e City of Meridian. Meridian Planning & ~ng Commission September 9, 1997 Page 20 MacCoy: Mr. Chairman, I request that the Planning and Zoning Commission of the City of Meridian hereby goes for facts of findings which we now have in our hands. Do you want a roll call vote? (Inaudible) So I will give the rest, hereby adopts and approves these findings of fact and conclusions of law. Smith: Second Johnson: Motion and a second to approve the preliminary findings of fact and conclusions of law as stated, roll call vote. ROLL CALL VOTE: Borup -Yea, MacCoy -Yea, Smith -Yea, Nelson -Yea MOTION CARRIED: All Yea Johnson: There is also a decision recommendation that has been prepared if you feel you would like to pass that on to the City Council. Borup: Mr. Chairman, I move the Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law or similar conditions as found just~ed and appropriate by the City Council. That the property be required to meet the water and sewer requirement, the fire and safety code, the uniform fire code, parking, paving and landscape requirements and all ordinances of the City of Meridian. The conditional use shall be subject to review upon notice to the applicant by the City unless the City Council states that a conditional use is not subject to review. Smith: Second Johnson: Motion and a second, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 8.5 ACRES TO C-G AND R-2 BY ECONO LUBE N'TUNE 1NC. -EAST OF LOCUST GROVE, SOUTH SIDE OF E. FAIRVIEW: Johnson: I will now open this public hearing and ask the applicant to come forward or his representative to come forward. Patrick McKeegan, 218 S. Cole Road, Boise, was sworn by the City Attorney. McKeegan: As I stated my name is Patrick McKeegan, I am the architect representing Econo Lube N'Tune. With me I have Mr. Dennis Thornton and Mr. Glenn Budue Meridian Planning & Z~g Commission '• September 9, 1997 Page 21 representing Schucks Automotive. I do not know if (inaudible) I see Cheryl Todd is here representing them. IN order to keep things short and sweet we have read the conditions of approval and I don't know what the protocol is if we are going to handle these one at a time or take all three of them. We have read the conditions and (inaudible) Johnson: I will make a comment on the protocol or kind of what is customary if that will help you. Normally what we do when we have grouped separate hearings in order to speed things up we solicit all of your comments now if we can get them and then we incorporate that testimony in those other public hearings so we don't have to repeat ourselves. That kind of speeds the process. Try to touch all bases as we go. McKeegan: That is what I was hoping, based on that it is my understanding that in regards to the annexation that the City has requested that the southern six acres be withdrawn from the annexation request which is the R-2 portion south of Wilson Lane and we do not have any disagreement with that. That will still leave a legal lot of record in Ada County and allow us to go forward with our subdivision process. The only other conditions that we would like to address is under site specific comments item #6 there was some discussion about the City not allowing a common storm drainage system. We would like to at least for the Econo Lube and the Schucks portion of the project request that dialog be left open so we can discuss that further. If the City absolutely does not want us to have a common system between those two parties then we are willing and able to put in individual system. Our intent was to hopefully save a little money and resources and have a common system and we v~rould have the joint easement and agreements in place on that. For tonight's testimony I prepared a map or a site plan that indicates the relocation of the driveway as requested by the highway district which we are in agreement with Schucks and Econo Lube have come together and you have in place the proper access agreements that will allow Econo Lube to go through Schucks property and have access to their property. Johnson: Can we get that on an easel somewhere so the public can see that as well. McKeegan: The other item that was not addressed in the report specifically was that we had shown an access easement from the northern two lots on the bottom of the site plan going through the common lot line between lots 3 and 4 to Wilson Lane. The highway District in their staff meeting had requested that we remove that because they are concerned about long term cross through traffic through private property for people wanting to avoid the light at Locust Grove. In talking with potential purchasers of that property they have not indicated any reluctance to have us drop that. What we have done is we have taken that easement which also is a utility easement from Wilson Lane to lots to the north and we have moved that to the easterly property line. So our utilities will be extended Wilson Lane to the east property and then the utilities for Schucks and Econo Lube will come down that easterly access or utility easement. At this time I would just like to reiterate that we have read the rest of the comments and we answered Meridian Planning & Zo`g Commission September 9, 1997 Page 22 those in writing to Shari and Bruce and would just answer any questions you might have concerning the project at this time. Johnson: Thank you very much for your presentation, any questions for Patrick from the Commissioners? Borup: At this point you say you do not have, are there any plans at all for the other tow remaining lots. What types of things are you anticipating? McKeegan: We are currently negotiating with a user in the area that would be using that for an outdoor storage of materials. But other than that we haven't actively put the property, since we don't own it and it is not subdivided. But it would be a use compatible with the C-G zone. Borup: Then, where did you anticipate access to those lots then? McKeegan: Off of Wilson Lane. Borup: From what you just mentioned about moving the easement so they are not anticipating any access through there at all. McKeegan: That is correct, they would have direct access off of Wilson Lane but they would not have, there would not be an easement to allow the northern two lots to cross through that property to Wilson Lane unless that vuould be negotiated sometime in the future. In discussions on the salability of that property we have been told that is actually a detriment because it restricts, once you have that easement through the center of the property if somebody was to buy both lots for instance then essentially you can't build across that line. Borup: That would make sense. McKeegan: But they will have direct access off of Wilson Lane and we are under the conditions of approval we have to improve put curb and gutter in on our side, improve the asphalt plus 12 feet of the southern half. Wilson Lane will be improved much like it is behind D & B supply to the east property line. Borup: I think ACRD (inaudible) cross access to parking lots and some of the areas in the building. I am assuming it is a compatible business that would be going in. McKeegan: I think if that were to happen then we would be agreeable to that. Their big concern was that people would start using this property during peak traffic times as a cross through. MacCoy: Are you dealing directly with D & B for that cross section (inaudible)> Meridian Planning & Zo~j Commission September 9, 1997 Page 23 McKeegan: Yes, we are going to have a cross access agreement with D & B's parking lot to the west and then they have also expressed interest in that back piece but that hasn't been finalized at this time. MacCoy: Did you get a copy of this letter from Myall? McKeegan: Yes we did MacCoy: I realize it is kind of directed at both us and you. McKeegan: I can respond briefly to the letter. I can say addressing their concerns about the R-2 portion since that has been withdrawn then the point in my opinion is moot at this time. That was the zoning that was requested by the owners of the property that we applied for and the City feels it is inappropriate and doesn't want to consider it then that is fine. So all their discussion about that would be probably better held for another forum. Concerning the irrigation and the water flow, we will, there is a supply ditch that runs through our property that used to supply D & B along Fairview Avenue. It has been blocked at the north, the west comer. So it doesn't serve any downstream users that we are aware of. If there any downstream users then we will the that ditch and keep it active. But we have been told that there isn't anybody downstream from that and the maps seem to back that up. Where it comes onto our property we will maintain access to lots three and four as we are legally required to by State irrigation taw until such time as those people decide that they do not want to use the water. If we can use the water for pressurized irrigation we are going to see if there is enough water volume (Inaudible) water to do that. Conceming the drainage ditch issues it is the same thing, we don't have any drainage ditches across the subdivision that we are dealing with. However there is one that comes across, it comes across Wilson Lane to the southeast corner of D & B's property and we would put in whatever boxes and then the the ditch where it crosses under the street. Our intention is maintain the irrigation to people that getting irrigation to take the drainage from the property and allow that to flow. All of our, as a condition of the City all of the run off water on our property will be retained on our property. There was also some mention of concern about potential contamination. The we are required by law to maintain the water or by ordinance to maintain the water on our property by yourselves and the highway district. There will be two lots between Econo Lube and Schucks property and the street and (inaudible) which we assume that Wilson Lane will also be accommodated or designed so that it will not drain onto adjacent properties. Just the fact that Econo Lube is very sensitive about hazardous materials, their tube pit is constructed of 5 different levels and layers of protection. It does not contain a drain. It is designed to contain all of the total fluids that are on site in case there is some kind of a catastrophic event and then they would be removed. It is, they have never had, all the tanks are secured they are double walled tanks. They are much more concerned about contamination then probably the residents around there. They don't want to have any problems either. Schucks of course all cf their stuff is (inaudible) in small containers and the stuff you would normally expect in an automotive type store. So as far as their personal concerns about their water and their property Meridian Planning & Zo~g Commission September 9, 1997 Page 24 becoming contaminated it is a relatively low probability unless there is some type of catastrophic event in which there are probably a lot more uses around the area that are going to be causing problems also. MacCoy: I am just very interested and very concerned about the ground water and their drinking well and that is what you just answered. McKeegan: We are going to comply with all the health department all regulations. Econo Lube goes above and beyond that because there is some obvious liability issues for them if there is any. We have done level 2 tests on the site to make sure there is no contamination on the site at this point. So we know when we go in the site is clean. We want to make sure we will never have anything migrate off the site onto somebody else's property. MacCoy: Moving onto another subject on lighting, exterior lighting. What do you have planned? McKeegan: Econo Lube because their normal hours are normally during the daylight hours they are not a late business. They start generally about 7:30 in the morning and they go to maybe 6 or 6:30 at night. They don't run late at night. It doesn't not have a need for site lighting or security light and so it prefers not to put anything there other than the minimum the City requires. Even if they did have those lights they would probably have them on a timer to where they would go off at a reasonable hour. Schucks hours are a little bit longer, they can go to like (inaudible) 9:00 so they would have a higher level of light in their parking lot for protection and security. They use a wall pack type of light on the building to shine out. We recognize that needs to be shielded to keep from shining into the other properties and that would certainly be taken care of. Again their lights would be on a timer so that after hours at a reasonable hour they would shut down so you wouldn't have lights shining into what existing residences there are in the middle of the night. We want to be good neighbors. MacCoy: On your layout you said to us it may just be a symbol but it looked like your signage was either the same or similar between the two businesses. McKeegan: It is just a symbolic sign, they will be applying for. Both Econo Lube and Schucks will be applying for separate design review and signage permits on the property. They each have their own corporate signage packages which they will be requesting. MacCoy: Are they going for a monument type sign do you have any idea? McKeegan: If that is what the City desires, the first choice would be a pole. If there is some resistance there then we will certainly be glad to put in a monument type sign. Meridian Planning & Z~g Commission September 9, 1997 Page 25 MacCoy: We don't want a pole with a blinking light system on it. Your ADA parking, you took care of that. Just one comment about that, you did show, everything was correct on the Econo Lube from the standpoint you had a slot as well as an area to unload a wheelchair and so on. That was good. On the Schucks side and this is what we are seeing happen every so often they are doing a sharing situation of that off loading section. I think what you ought to do since you are the architect is to take a look at the fact that vans are either loaded from the back or from the right side. So if you had two vans come in here that were wheel chair types you should have parking and then onto the right should have an area that they can unload a wheel chair on. That is just a suggestion to you. McKeegan: We will take that into consideration. Johnson: Commissioner Smith? Smith: Quick comment, that is how I would have done the handicapped parking as Patrick did it. Usually you are pretty squeezed on size. I don't know how you are on your parking. Was any consideration given to putting the buildings at the front of the property and the parking in the rear? McKeegan: The conceptual planning was done before I received I the project. So I will have to defer to Mr. Thornton. Do you want to finish with me and come back to him? Smith: I guess it seems like how every one of these retail developments get done is the parking gets right up front off the street. It is an eyesore. It looks like there is a lot of flexibility on the site to move things around and it just seemed like a viable alternative to the site planning here. McKeegan: I can speak to the Econo Lube site is that basically what is shown on the site plan on the north side of the building is the staging lanes for the lubrication. Econo Lube requires 50 feet from the building to any curbing or edge of parking. So even if we were to relocate the parking in front to the back the building would still be 50 feet away from, there v~rould still be 50 feet of paving from just for stacking space for two cars to the front of the building. Smith: I just think there are some opportunities there for a little more attractive street side elevation which kind of leads me into my next pet peeve is there is no information as far as what the buildings look like. What the materials are, what the height of them are. I know Schucks goes for some pretty splashy graphics there are no color indications. I am going to ask that stuff be submitted for City Council review. McKeegan: Did t miss the boat somewhere, I thought there was a separate design review application in the City of Meridian to specifically add'ess those. I can tell you that the Econo Lube building it is a split face block in two tones of light brown with a red canopy and a red cap band. Then the signage on the building is red. Meridian Planning & Zc~g Commission September 9, 1997 Page 26 Borup: I think Commissioner Smith's comment is very appropriate because we do not have design review here. What little is done is here in the City Council. McKeegan: I would certainly be glad to submit that, the buildings are as you can see the Schucks building is in gray earthtones with stucco like material with again a red canopy and I believe red banding with blue accents. It is not quite a flamboyant as their earlier stores would be. An example of the store is they just recently constructed a store on Overland Road in Boise. Smith: That is a tilt up pre-cast? McKeegan: No it is a wood frame with synthetic stucco material. Smith: What is the height of the parapet? McKeegan: Econo Lube is 18'8 at the high part of the building and 16'8 at the rest. Smith: Can you repeat what he just stated? McKeegan: Schucks is 19 feet at the parapet. Smith: Irregardless, we are in here evaluating design issues so that information I don't think is inappropriate to ask for. I am assuming that you can make your parking work with these 16 foot 6 (inaudible) McKeegan: We are going to slip it back to 19 feet. Smith: Is this a zero set back zone here? McKeegan: Yes, it will be on the west side because that is an existing commercial zone, on the east side will be abutting existing residential zone so therefore we have to have the landscape buffer that is shown. As you can see on the plans we have actually provided a 3'/ foot landscape zone on the west side of the Schucks building also. Smith: (inaudible) may as well run it over the property line and stuck it on the other side for what it gets us. Then, one of the comments that was made was about the berm that was required to be put in front of D & B and that is in this 25 foot setback are. McKeegan: That is right and in our response we indicated we would comply with that. With the landscaping requirements I believe it is one tree per 1500 square feet of asphalt. Smith: What is the construction of the periphery fence? Meridian Planning & Zo~g Commission September 9, 1997 Page 27 McKeegan: We are required to have one on the residential side. Because it is an existing residence I would think a wood fence would be appropriate, a 6 foot wood cedar. If there are other considerations then masonry to match the building. Smith: I think just from the longevity and durability masonry is probably a better solution but of course there are cost ramifications that go along with that and maybe the City Council will have some thoughts on that. I guess, I would just like to see some consideration made to if it is feasible to put the buildings at the front of the site and the parking at the back. I think it is a better design and kind of starts to set the tone to where we get away from this strip development that is prevalent along Fairview and Boise and that kind of leads me to my next comment. It seems like Schucks and Econo Lube have a working relationship together and it would be nice to omit one of these signs here and see if you guys can work together and developing a nice monumental type of sign that both of your businesses can share if you feel that is necessary to have besides the signage that is pretty predominant on the buildings. Again there is nothing that is written that says you have to but it would be nice to start setting a tone for some of this development along Fairview so it doesn't end up looking like Boise on Fairview. McKeegan: I would assume that the signage allowance for each individual property would then be combined also. Smith: Which signage allowance are you talking about? McKeegan: Well normally there is so many square feet. That is we were allow 100 square feet per project that we be able to put a total sign of 200 square feet. Smith: I would think so but that is not for me to say. I guess that is something you would want to review with staff. That is the extent of my comments. Johnson: Anyone else from the Commission? Is there anyone else representing the applicant that would like to be sworn at this time? Dennis Thornton, 13571 Carol Way, Tuston, California, was swum by the City Attorney. Thornton: Mr. Smith raised the issue as to would we be willing to consider moving our buildings forward. In fact we prefer to have our buildings forward Mr. Smith, however when you look at the configuration of these particular buildings in line with what is to this direction I think that is east or west. To the right, there is contemplated a cross access agreement with D & B which would allow parking and I think from a safety standpoint if somebody overshoots D & B they can pull into one of our parking lots, drive through without having to get back out onto Fairview. Which mitigates your traffic issues. I can't speak for Schucks but I think we both feel that this is probably the most conducive for the area. We are happy to move closer because we don't know at this point what is going to happen on the left side of the site. Somebody may come up and put one 25 feet off the Fairview Road which would then block our view from one ' Meridian Planning & Z~g Commission September 9, 1997 Page 28 direction. But in the spirit of trying to make it safe and compatible with the other use there we wanted to work with what we had. That is the reason. Smith: I think that is one of the real short comings on probably all of the strip developments you see is there is no connection to leave one property to go to another you have to get out on the street. I did think about that but I guess I just felt in weighing the two issues that moving the buildings up held more weight to it than the connection to D&B. Thornton: Are there other questions? I would emphasize that Econo Lube N'Tune is very cognizant of environmental issues. In fact we recycle everything but spark plugs and air filters. We over engineer the pit, the construction cost in the pit alone are $22,000 and only we inspect those because we want no chance of leakage. The three individual owners of the company like to sleep at night. Smith: Just coming back to the site plan a minute. I don't mean to say that weighing one against the other doesn't mean you can't do both. I don't know, I haven't sat down and played around with rearranging things on here. So I don't know that it can't be done. If you could achieve both obviously that would be the optimum, if you can't personalty my feeling would be to minimize the impact of the visual of the parking along Fairview and to move it to the back. Thornton: I think you achieve some of that with your berm don't you out front Mr. Smith? I apologize I am not trying to be argumentative. Smith: I don't, not really. You block the first row to some degree until you get a car parked there. I am assuming your access to (inaudible) Johnson: Any further comments? MacCoy: I would like to put something in for the record. Right along Commissioner Smith's direction, he is thinking correctly, I did take the time to go meet with the leadership with D & B. They have been very plus in their viewpoint in working with you people. They said they tried to make that tie across to yours so it matched up and vice versa. I like the idea that you can run from one to the other (End of Tape) Glenn Buday, 529 N. Oxford Lane, Chandler, AZ, was sworn by the City Attorney. Buday: I just wanted to address a couple of the comments that Commissioner Smith had regarding the site plan and the building orientation. We would like to move a little closer too, but in lieu of the way our typical buildings are laid out we have a front entrance right in the center of the building as you are facing the site plan looking directly at the building. We want to make sure our customers that coming out with oil and batteries and that kind of equipment can get to their vehicles right away. That is why we have parking right in front of the building. In order to do that we would have to put the Meridian Planning & Zc~g Commission September 9, 1997 Page 29 building. up and get parking around the rear. That becomes kind of a dead end parking area where you just have one aisle of parking. We typically like to have parking along the side, I call it on the left side of the building. But because of the restraints of the sizes of property we can't do that. What we would like to do is make sure we provide a very safe ingress and egress out of our site. As you go into the site incidentally I think that driveway entrance driveway will probably be moved over another maybe 10 or 15 feet to the right because I don't think that alignment is right. We got some information from the highway department but I think it was incorrect in looking at that today. So that even gets the driveway more centered on our building. What we would like to do is provide a 30 foot driveway rather than a 25 foot driveway so that customers coming into the site will have safer ingress and egress. Then as mentioned have our crossway easement over to D & B Supply which is in direct alignment with what they have right now because they all have the 25 foot buffer. I think either 25 or 35 foot drive and then the parking. And I am here to answer any questions you might have. Johnson: Thank you, any questions? Mr. Borup? Borup: I feel like we are beating this site thing to death. Have there been any thoughts on turning the building the other direction? It would accomplish two things, tum it the other direction is would move 70 feet closer to the road, still leave the egress to D & B, get you your parking on the side and still leave the area in the back maybe for the overFlow parking. Buday: Where would the customer entrance be? Borup: I guess that would depend somewhat on the design of the building. You could leave the same design you have now and have the entrance here on the left side or the other choice would be redoing the entrance there. I would assume (inaudible) But then again 1 realize you have an adjoining building there to be compatible with too. There are some alternatives along the line that Commissioner Smith was talking about to get it a littler closer to the road and maybe still (inaudible). Buday: We will look into that, I don't have a problem with that at all. I would be happy to go back to the corporate architect to explain what the issues are. Smith: Is this a standard building foot print? Buday: Yes it is. Smith: Is this the only one that Schucks has right now and I hate to make you get up again, I have the same question for Econo Lube. Thornton: This is a standard, we have three or four configurations we can use. This seemed to be the most appropriate. '. Meridian Planning & Zc~g Commission September 9, 1997 Page 30 Johnson: Thank you, this is a public hearing, is there anyone from the public that would like to address the Commission on this application? Any comments from staff? Any more discussion before I close the public hearing from the commission? At this time I wilt close the public hearing on item 12, this is the annexation and zoning request. This would require findings of fact and conclusions of law. Smith: Mr. Chairman, I would like to make a motion that we direct the City Attomey to draw up findings of fact and conclusions of law for the annexation and zoning of this agenda item. MacCoy: Second Johnson: We have a motion and a second to have the City Attomey prepare findings of fact and conclusions of law on item #12, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR ECONO LUBE SUBDIVISION BY ECONO LURE N'TUNE INC. -EAST OF LOCUST GROVE, SOUTH SIDE OF E. FAIRVIEW: Johnson: I will now open this public hearing and invite the applicant to come forward and be sworn again and request incorporation of prior testimony and any additional comments he might have. Patrick McKeegan, 218 S. Cole, Boise, was swum by the City Attorney. McKeegan: !would request that the previous testimony be placed into the public record on this item. Johnson: Any comments or questions from the Commission? Smith: I have a question for you Mr. Chairman, since this is an application for a preliminary plat, a lot of our comments were addressing the site plan as it was laid out. How can we, what is the most expeditious way to keep from holding these people up and still have them re-look at the site planning as they had stated that they were willing to do? Johnson: I am not really sure about that, I can tell you traditionally what we do. Traditionally on a preliminary plat when it follows an annexation and zoning request we table that item as we can't act on it because we haven't annexed or zoned it. If there is anything you can add to that Counsel? • MERIDIAN PLANNING & ZONING COMMISSION MEETING: September 9.1987 APPLICANT: ECONO LUBE N'TUNE INC. AGENDA ITEM NUMBER: 12 REQUEST: PUBLIC HEARING: REQUEST FOR ANNEXATION/ZONINGOF 8.5 ACRES TO C-G AND R-2 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m., on September 9, 1997, for the purpose of reviewing and considering the Application of Patrick McKeegan Architects in behalf of Econo Lube N' Tune, Inc., for annexation and zoning of approximately 8.5 acres of land located in the W '~ of the NW %4 of Section 8, T.3N., R.1 E., B.M., Ada County, Idaho, and which property is generally located on the south side of Fairview Avenue approximately 1,100 feet east of Locust Grove Road. The Application requests zoning of C-G for the northern portion (approx. 2.5 acres) and R-2 for the southern portion (approx. 6 acres). Further, applicant requests Preliminary Plat approval of the proposed C-G parcel of land for 4 commercial lots for Econo Lube Subdivision. Applicant is also requesting conditional use approval for an Econo Lube N' Tune Automobile Maintenance & Light Repair Facility and a Schuck's Automobile Parts Store. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 20t'' day of August, 1997. WILLIAM G. BERG, JR., TY LERK PUBLISH August 22 and September 5, 1997. NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on November 5, 1997, for the purpose of reviewing and considering the Application of Patrick McKeegan Architects in behalf of Econo Lube N' Tune, Inc., for annexation and zoning of approximately 8.5 acres of land located in the W'/Z of the NW %4 of Section 8, T.3N., R.1 E., B.M., Ada County, Idaho, and which property is generally located on the south side of Fairview Avenue approximately 1,100 feet east of Locust Grove Road. The Application requests zoning of C-G for the northern portion (approx. 2.5 acres) and R-2 for the southern portion (approx. 6 acres). Further, applicant requests Preliminary Plat approval of the proposed C-G parcel of land for 4 commercial lots for Econo Lube Subdivision. Applicant is also requesting conditional use approval for an Econo Lube N' Tune Automobile Maintenance & Light Repair Facility and a Schuck's Automobile Parts Store. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 17th day of October, 1997. ``~,``,~/1/11111ry~~~~j, WILLIAM G. BERG, JR., I CLERK? z SEAL PUBLISH October 17 and 31~t 1997. ~' '- d '/ ~' I, '~ I O li °II ~, ; e II ~II II II ^ II ~ ~ ii I~ ~ y I'i ~~';~o P O ~~ ~ II ~~~~ ~ 0 `~ t II ~, I ~ i i. ~ -' y C. i ~~ a o, O '' I ~ ~ Nii ~ Ali ~~', I~~ II !~ ~ I~ ~i w ~ ' I ICI p II ~ ~' Z ~; ~~ 'I V Iii - -==~s-aes=>aR>=~~~~ses~~_~~~ ._..~ -_- LOi 7 BLOCK ! PLEASANT VALLEY SUBDIVISION j ~ _ ; r Y i t IROrO![D-EOGF-Of-In YFrIExI ~x~~ ~_ _ _ .g 65' ~ o~E;'b.~sF '16'W~ 246 ° ~ 4 $ R Y i rT; ; S ` = a 59 N 89 ~ . ~ o..~R °6' g g 4 ^ Y . ~t=~ r e r t C iso. oo t~ JO-FOOT R_I GHT-OF-WAY~VACAT $N _ --. ' TO A. C. N. D.~.~~,~~„~,,,,_.y.,_.g _ _ - .~ ~~ g .. . >~ t , : v Y m ~.T-3... o.:?r E. W~CSON CANE P ' j ...s'..... .._..-.._.. .._.. I8 ~ ~. _- ~ x : s II ~~~$o I ~ ~ - ~ .~ ;d , r III ~~;=~~ ' ~~' ~° R~' ~ I ~ II I mom ~. . -~ ~ ^>~ i ~ III - I ~~ ~ ~ II s I I j I~ I III I III I I I i~ I ~~ I-j~ ~l O I ~,. '~ I so 0o L II ~ I I I I II I - a ~~ I I I I r i I I I I ` I I I I I I I 1 I ~ I I I I I I :I I I I o - I -~~s.oo. I I I I is oo' I I I GU #~ 4pGpeeM~i~ ~~ ~ .~ • ii t ~~C&R~Mu ~d'3~+;M~ £ Y r` ~ x g^ o o ~$ 3 - ~ 0 X o n ~ ° ^~ ~ . 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ECON4 LURE N' TUNE, IIVC., a California corporation, hereinafter Purchaser, will within ,,,,: .~; ten days of,Sellcr's acceptance of.tlus agreement make an)earnest Money Deposit in the amount ofd as follows: in favor of Seller to be held . ~ :... ~. ~ ' : ~ : ..: ~ ;a,... `':::'." :'.~. ~ x. ~ ~;: ~+ ~ to be aid as the Survey for the parcel is complete and by Stewart Tiile Cc~,~pan~, , , ,,, ,. ., .. ~ .. P Purchaser to pay directly for same and to be credited to the deposit; and Purchaser will make an assignment agreement of il~e deposit as paid to Purchaser by of the as a partial payment for the following described real estate tut the County of Ada, State of Idaho to wit: _ _ _ _ , _ , _ _ feet x ~~~~~ feet), Together with all easements and- rights of way appurtenant ilaereta, and all improvements thereon and all fixtures of a permanent nature currenily ozr the prenrises except as hereinafter provided, tat their present condition, ordinary wear and tear excepted, hereinafter known as the Property. , T'urthermore, one half of the Earnest Money Deposit will become non-refundable ~0 days prior to closing and released to the Sellers at said date. nne half of the Earnest Money Deposit will become non.-refundable upon the city of Meridians issuance of a recorded Platt nrrap for the subject property on or about October 15, 1997, this elate is an approximation and may be adjusted per the City of Meridians tirrre constraints ,for re-platting this property but not later than Qctobtr 3l, 1997. 2. Partlca The undersigned representative for Econo l,ube N' Tune, Inc., a California corporation, hereinafter called Purchaser, hereby agrees to buy the Property, and the undersigned owner(s), ~Il~Ill~~~herexztafler called Seller, hereby agrees to sell the Property upon the terms artd condiCions stated herein. 3, Purchase iPryce. Inclusive of the above Deposit (Ehe Deposit being applicable to,the purcliase.pr~ee),F l'urchnser shall deposit the total of the purchase price in escrow as follaws:~„,t tat of ~: ~, to be placed in escrow prior to dosing anal transfer of title. 4. ~scraw. An escrow shall be opened at Stewart Title Compamy and will be designated as rho escrow holder ("Escrow") for the purpose of carrying out the terms of this Agreement. Purchaser and Seiler shall deliver signed instructions to Escrow wiiltia fifteen (15) days of Seller's acceptance, and the date Escrow shall receive such signed instructions signed by bath Purchaser and Seller, shall be the date of "opening'` of escrow. Under nu uircmustaw~v~s sltiall tlio date b£ "opcting" of 4gcrow be more than fourteen (14) days after the riarn this Agreement is fully executed. The instructions shall not modify or amend the provisions of this agreement; provided, however, tlxat the parties shall execute such additional instructions as requested by Escrow not inconsistent with the provision hereof. If Purchaser is unable to complete the rinrchase, hotll parties hereby instruct ~r4ker or Escrow holding depQSited funds to pay from such funds and escrow funds any escrow costs. 3. Evidence r,f Tula Sclkr shall furtush to Purchaser, at Seller's expense, s current cxtimmitment fnr Seller's title insurance policy in an amount equal to the purchase price on or before ten (10) calendar days from full execution of Agreement (Title Deadline). Purchaser may require of Seller that copies of instruments listed in the schedule of exceptions (Excepti.ons) in the title insurance commitment also be furnished to Purchaser at Seller's expense. This requirement shall pertain only to instruments shown of record in the office of the clerk and recorder of the designated county ar counties. The title insurance commitment, together with any copies of irtsttuments fiu~nished (pursuant to this section), constitute the title documents (Title Documents). Purchaser, or Purchaser's designee, must rcxluest Seller, in writing, to furnish copies of instruments Ilsted in the schedule of exceptions no later than fifteen (15) calendar days after receipt of same, Seller will pay the premiums at closing and have u-e title insuranco'pplicy delivered to Purchaser as soon as pracEieable after Closing. A~, 6, Title I'`'- - ~ ~ --- reasonabh;, hul uut to tncaG~ thlt~ul tk~Ya, lu c~c„raut aahl ilwlhr~t(v), if tUte ~f rentlrtrct mt~rchpntabh~ Ax provldul, iltett Ill l~utt;lt~tt~r'ti ul-tlou, Wis Aglnamcnt ~hAll r@ void and of na e~eGt ld exalt pally itGCGtO u>ati ba talaubwl J.1v,u all ohllgntlana haround~n•. In such rvr~t all prtynlent8 and things of value receivtrd hereunder tihall t>tl rcturuntl to I'urchn~er, 11. Title Review. Purchaser sl4tlf have rite right to inspect the Tidn 17cx;utnautb. Wriuan notlco by Purchaser of utttr,erchantability of title or of any other unsadsfaCtory title condition shown by d)c title Documents sliall be signed by or on belratf of Purchaser and given to Seller on or before fifteen (1S) calendar days after receipt of same, or within ten (lA) calendar days after receipt by Purchaser of any Title Document(s) or endorsement(s) adding new Exccptiut-(s} to Uxe title eom>ztitmant together with a rnpy of the TitXt: DoGUmept adding new Exception(s) to title. If Seller does not receive Purchaser's notice by the date(s) specified shave, ;Purchaser accepts the condition of title as disclosed by the Title Documents as satisfactory. c. Matters Not Shown by the Public Records. Seller shall deliver to Purchaser, on or before the Title Deadline set forth in Section S, true copies of all lease(s) aztd survey(s) in Seller's possession pertaining to the Property and shall disclose to Purchaser all easements, liens or other title matters not shown by the public records of which Seller has actual knowledge. Ptrchaser shall have the right to inspect the Property to detertttine if any third party(s) has any right in the Property not shown by public records, (such as an usu'ecorded easement, lease. or boundary line discrepancy). Written notice of any unsatisfactory condition(s) disclosed by Seller or revealed by such inspection shall be signed by nr nn behalf of Pttrchasor and g~cn to Seller on or before ten !10) calendar datts_ sitar cliverX t)f tloetunants. if 8aller does not receive P,rchaser's notice by said datC, Purchaser accepts title subJeck to such rights, if any, of third parties of which Purchaser has actual knowledge. d. Transfer a[' Title. Subject to tender or payment at closing as required herein and compliance by Pureltaser with the alter terms and provisions hereof, Seller shall execute and deliver a good and sufficient General Warranty Deed to Purchaser, on closing, Conveying the Property free and Clear of all taxes except the general taxes far the year of closing. Tide shall be Conveyed free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon, whether assessed or not; except (i) distribution utility easements (including cable Tom, (ii) those [hatters reflected by the Title Documents accepted by Purchaser in accordance with Section S, (iii) those rights. if any, of third parties in the Property not spawn by the public records, (iv) inclusion of khe Property within any special taxing district, and {v) subject to building and zoning regulations. 7. Caaveyance. Seller shall execute and deliver a good and sufficient Warranty Deed to Purchaser conveying the Property free and clear of all taxes, except the general takes (which will be apportioned between the parties) and free and clear of all liens. The Property shall be delivered free and clear of all encumbrances or restrictive coveztants, except those of public record. 8. Tncumbranees. A,ny encumbrance required to be paid may be paid at the time of settlement from the pt'4cECds of this transaction or frann any other source. Provided, however, At the option of PurCltascr, if lire total indebtedness secured by liens on the Properry exceeds rite purchase price, this Agreement shall be void and of no effect and each party hereto shall be released from all obligakions hereunder and all payments and things of value t~eceived hereunder shall be returned to Purchaser, 9. Appartiunment of Taxes. General Taxes for the year of closing, based ore khe most recent levy and the nnost recent assessment, prepaid rents, water rents, sewer rents, mortgage insurance premiums and interest on encumbrances, if any, shall be apportioned to date of delivery of deed. Seller shall be responsible fox any sales and use tax that may accrue because of this transaction. Upon the purchase of this property Purchaser shall be responsible for any increase ixt property taxes due to annexation and re-zozting. 1Q. possession. Sltvuld Seller fail to deliver possession on the date her_cin specified, S_aI_ler shall be subject to evictiatt and shall be liable for a daily rental o wail possession is tendered. '~. ~a+aaege,--lam-the-evert a~+irtt-~-rt ° S&i~-Ei eaflier;-~rert-fieileF-ski e' Ti~ SFI~I,FR IS 1N•,>,'AUl~1, (~~ NtttGaltt~l Ilwy GltVl lu Uuul 11-71~hgla~n,a~,1 a+~ 1~1-~~-Unl~~t, i~, ~~l) wt-ioh than all haymrnts and thinRS of value recelvec~ IteceWltlek t+11alI ~a: It;llllllU~ IU 1tUl'I;1li1~Er (il-C~lulling ull Af P11I'c-ti1SCC'& deposits whether Or nut Qreutcd uuu--cDwtQublu) anti bvllat plu~ll l».y 104+. of tlu* wd~p tuia~ to ga~l,• ~ttc•.uul-prujuut-drtiwiupuwnt ~otitt--or (?) ptuch~jser may elcc:t to that this Agreement as being in full Forces and otfect and Puxol-asnr tsl-all havo the right to an action for 6peciftC performance and or damages as may be awarded, or both. (b) IF PURCHASER XS 1N DEFAULT, Seller may elect to treat this Agreement as tenniccated, in which ct-.^~a all payments acid things of value received hereunder shall be forfeited a><*d retained on behalf of Seller. Furthermore, in the event that Purchaser shall terminate this contract, Purchaser shad provide to seller any completed Geotechctical soils reports, ALTA surveys, and parcel rt-aps. (c) Anything to the contrary herein notwithstanding, in the even of any litigation arising out of this ~gr~elitent, }tie court may award to the prevailing party all reasonable costs and expense, including attorneys' fees. 13. Conditions Precedent. The following are conditions precedent to tiie consummation of this Transaction. a. The satisfaction or waiver of any contingencies that may be set 'forth within the time limits specified. b. .Purchaser's written trppcuval of the Camcrtignent of Title Report. in the event tht; Tide Ins~'ance Report, or binder, shall reflect title defects, leases, deed restrictions. eneumbratices, or other conditions not acceptable to purchaser, then upon notii"ication by Purchaser to Seller of such defects or conditions, Ute Seller shall ttrxneuiacely itud illlig~~~dy ~AwGCd !o cui'o acme turd sl-ail have a rrsccnnahlr time Wlthlit WIt1G11 SU to do. Any tithe used lax such pursuit shall be added to the escrow period, which shall be evidenced by an amendment to escrow by Purchaser and Seller. If, otter the exercise of all reasonable diligence, Seller is unable to clear the title anti defects in its then condition or Purchaser may terminate Ibis Agreement, whereuponi both parties shall be released froth further performance hereunder and the Deposit shall be returned to Purchaser. c. Seller shall permit Purchaser to enter upon the subject Property to make a topographic and boundary survey on the Property, and conduct such other research to determine the Property's suitability for Purchaser's proposed improvements. This shall be done at the Purchaser's sole cost and expense, and the Purchaser shall in no way damage, destroy or harm the Property being conveyed, or aay improvements thereon. Purchaser shall not permit any mechanic's or materialcnen's liens to be filed against the Property and agrees to indetnni.fy Seller with respect thereto. Tn the event that Purchaser is not satisfied with the results of the tests, Purchaser may, by notifying tlae Seller or its ugC,~l in writing, declare thie Agreement null and void, and all parties shaft be released $om ;CtutliCC uLligation l~trrcunder. Tn the event that such noffi~tfinn is not reCCivcd by feller willain Two hutadred ibrty-true (14~) pays Trom rt~c u~~tiug Jnto of Tracmw, thoe ttuio Agreement chxl.l rnntinnP in full force and elI'ect and the contingency as contained in~tlxis paragraph shall be deemed to be waived. d. Purchaser, at i.ts sole wst anti expense, shall provide ~~~ a Preliminary t:,eotechtucal Investigation within thinly (3U) days after the opening date of Escrow.. Within 45 days from the opening of escrow Purchaser shall perform, at Purchaser's expense, a Limited Phase Il Environmental Assessment. If such survey, studies, soil borings or tests indicate conditions not sa6stactory to Purchaser then Purchaser shall be released from further performance hereunder and any deposit (including any non-refundable deposits) shall be returned to Purchaser. The Seiler warrants to Purchaser tl-at to its knowledge there does not exist or never Ilia existed any soils contautiination and that the Property is Clear of any underground storage tanks o;rany type whatsoever, Ta the event underground storage tanks have been removed frarn the Property then Seller shall present a I-etter of Closut~e froth. the appropriate govertunental aril regulatory agencies representing that the Property is clean and free of all toxic Substances. e. Purchaser proposes to use the Property for the construction acid operation of an automotive al}er market serviez facility consisting of approximately 2,800 square feet, including on and off street parking incident tlureto, together with signage acceptable to Purchaser, ioeluding Purchaser's identification pole sign. Furtliercnore ~ will utilize the 130 feet west on the propexty for an automotive parts retail establishment. In the event that tiu t'roperty !s restricted Uy auy stag, co~iHty, munioipal or other governmental ordinance, ruse or reRUl¢dans, including limited access or use rules, l~crclcaser may tutderta~,e any and all reasonable means at Pureltaser's disposal to secure rezoning, special use permits or variances (hereinafter "Authorizations"), so that the Property tnay be used for Qxe purposes hereinabove set forth. Seller hereby agrees to t:ooperate fully wish Purchaser in securing such Authorizations in the name of Ute Seller as necessary. Provided Purchaser has diligently endeavored but is unatiie to secure llie Aulhorizatiotts ncccssnry far utilizing the Property for the 1ltcrpose5 hOCeinabovt' set forklt witlriu tlcc prescribed time ns set forth below, Purchaser may notify Seller let writing of such fact, whereupon this Agceentent shall be null amd void. In such event, Purchaser shall not be obligated io complete the purclcase of the Troperty and escrow :-&ent shall promptly return to Purchaser the Deposit. The detertninas;on of necessity for • . i t-alHdi r-pF-Rtt-Ktitity--t~fla-emi-~-s -gu4lat -lA~k~ 6~1tt~~~~ R~~~-~~~~~a'~~t tlte-~el#er~~l~e--s. _ puWiu ~.xKt dadiaaurraa. - •-+4ai~-~e~~-eF^~t~ t!-t0-itt{illf@•' r~llifHtllB _ .. ~ g, Purchaser's purchase is Contingent on Ptuebaser being able to obtain all the necessary licenses, ~er!nits permits and all auQtQrizaUOns for Purchaser's proposed,use,.,including: a; buildiggf, perrtut~ ~achce~table., sign ~.r . 111t and curb-cuts for treasonable us1l"ic access wititi ,. ;, ,~ ~ ri. ~.,~ ~~ w :_.~ 4 time be needed in obtaining said governmental cer for the purpose of .I ~ ~ o . •rR..•u.: ~.L,,,o r• ~'~~''a~f'k • ~llllltl() tnnre~ %. "' ~;t, .. . ~ .~.,' ~. ~ .e~~ baser permits and authorizations, Seller shall grant Pure ...__ _ .,... _..,..........,. ~.,.,T,,.,at~ 't'hese extensions steal! be ~` In the event Purchaser is unable to obtain all We tecessary permits, Curb'cuts or authorizations witititt We tithe referenced above, Purchaser may terminate the Agreement and Purchaser shall be entitled to We reWrn of all origittal Deposits. At this lithe, any non-refundable deposits shall be immediately released to Seller. Seller stroll also be entitled to the return of the Deed or other instruments placed in escrow and We parties shall be released froth all further liability. It, Approval of the Property .purchase by We Econo Lube N Tune, Inc. heal Estate Approval Committee within ten (lt)) days from the final. execution date of this Agreement. 14. Closing. a. Closing stroll occur wiUtin ten (10} days after all contingencies of this Agreerttent are met, but the parties tray, b~,4mutual inswction si ned b~ both partiesr• extend the date of Glosin~•.in .accordance wiW Section b. Real property taxes, premiums on fare and extended coverage insurance acceptable to Purchaser, gents, interest, utilities and Operating expenses steal! be prorated as of We dale of closing. Any outstanding band or ®ssacomont vnl-ich is a lien shall he paid by Seller, c. In addition to executing anal delivering any other documents or instruments which are reasonably necessary for closing, Seller shall deliver to Purchaser at closing: (l) A Warranty deed in recordable form conveying fee title to Purdtaser subject to a lien to secure payment of real estate taxes not delinquent., and to those exceptions, if any, approved by Purchaser. (2) An. American Land Title Association (A.L.T.A.) Standard Coverage Policy of Title Insurance in the amount of the full purchase price, to be paid for by Seller, insuring title vested in Purchaser subjaat only to the exceptions appmvrd by Purchaser. d. Setter and Purchaser shall each pay one-half of escrow holder's fee. Seller shall pay the usual recordin6 fees and any required documentary transfer tax. e. Prior to the close of escrow, Seller will terminate any recorded or unrecorded leases including outdoor sign leases, and have said structures removed froth the premises at no additional oast to Purchaser. Purchaser will assume no liability for any unamoriized cost of any &igns on the Property. 13. R4prc~e~-talioua artd DisclsintCr. Seller represents the folinwing: (1) Seller has not received nor is aware of any notification f'xom the pepartrnent of Building and Safety, Health Department, or any such other City, County or State authority barring jurisdiction, requiring any work to tie done on the Property. Seller further represents that in the event any such notice or notices are received try Seller prior to closing and Seller is unable to or does not elect to perform the work. required is said notice at Scllcr's sole cost sad cxpenee on or before closing, said notice shall be sUbutltted to Purchaser for examination and written approval. Should Purchaser tall to approve said notl~ and Utereby elect not to acquire We Froperiy subjet;t is the effect ol'same, within five (5) days from the date Seller submits said notice to Purchaser, then tl»s agreement shall be deemed null and void, We escrow shall be canceled and any deposit paid by Purchaser shall be Returned to Purchaser. (2) To Seller's present knowledge the Property and improvements thereon, Conform to all applicable • i hGre aut2lQriz~4 to ruakn s~L'fr eur u-Ywa ru uw pr~~n-u~~ll cxpenxe~- old appaul, Il' uuy, una tltn A,rbittptar, If ~ny- ~ hY early 1n arbitr~tlon. l7. Norrrinec. Without being relieved of any liability to class Qto put'Ctles~ under this Agrecetrlent, Ptu'citaser reserves the right to take title to the Property, and to execute ~y and ~ nous, deed of trust and/or other documents called for herein., in a name pr IrVA~unee ot11Ci' tlsue Stated above. 1;8. Brokerage Iliscloeures. Seller agrees to pay arty and ~ brokerage cor~tnussians due as a result of the sale of this Property to Purchaser. 'I.'HIS SPACE LEF'~ INTI•±NN'~'IONALL'Y BLANK 20. B~cpiration of Acceptance. ,~,.n . ,~,~,::~;;.~..~ a, Unless SelleK accepts this Offer, in writing, on or before ~i~.`~, ~~d~~ at S:aQ P•M., the Offer shall be deemed revoked. b. If Sc1t4~ azcepis this Offar within the time limit cpecifted, acGeptanGe shah be deemed communicated to Purchaser if broker oratty nolities Purchaser -vitliin the time limit specified and then delivers to Purchaser within forty-eight (4$) hours thereafter, in person or by United Slates mail, one copy of this Agreement executed by seller. la CI~IA R; ECU~O B N' Lil F, ~~~ ~L .n'. ACCEP'1'AN,,,,_Cl: 9ellear agrees to sell the Property on tlu above tams and conditions. Receipt of a copy of this Agreement to Huy and Sell Real Estate is acknowledged. Hy w- Date f ,/ By. ~~ l~ ~ Date Seller's Address: Tltis Agreement and any attached addendutn, rider or exhibit have been prepared fug bubn~ission to your attorney for approvat. No representation or recommendation is made by Econo Labe N' Tune, Inc., or its agents or e~rployees as to the legs! sufficiency, legal effect or tax consequences o~ tltis Agreement or the transaction relatieg thereto. .. DI TRI~cT CENTRAL DISTRICT HEALTH DEPARTMENT ~HEA~TH Environmental Health Division DEPARTMENT Rezone # Return to: O Boise ^ Eagle ^ Garden City Conditional Use # /~'/2 ~ / -~© Preliminary /Final /Short Plat 7'-..T-B r ~~ ,~lleridian ^ Kuna ^ ACZ ^ Star 1Cl+~t~.1;1 VED 1. We have No Objections to this Proposal. JllN -1 2001 ^ 2. We recommend Denial of this Proposal. CITY OF MERIDIAN ^ 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 conceming soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data conceming the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources conceming well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfan;, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Run-off is not to create a mosquito breeding problem. ^ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ^ 14. Date: ~~/~ Reviewed By: _ Review Sheet CDHD &00 kc