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HomeMy WebLinkAboutEcono Lube N' Tune PPWILLIAM 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 co iN I ti~Ft~~pCgc A GOO(I PIaCe t0 LIVe WALT W. MORROW, President CITY OF MERIDIA RONALD R. TOLSMA CHARLES M R N . OUNTREE GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z GOMA~14cinr~ Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 JIM JOHNSON, Chairman Motor Vehicle/Drivers License (208) 888-4443 MAKEOH BORUPOY ROBERT D. CORRIE RON MANNING 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. Seatember 2. 1997 TRANSMITTAL DATE: 8/20/97 HEARING DATE: 9/9/97 REQUEST: Preliminary Plat for Econo Lube Subdivision 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 FIltE 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. & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: AUG20i997 CITY OF ~~R,~N • 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 • 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 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 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: /r~ ~/ Patrick McKeegan Date 6 • ~i (~ ~i. ~ ~ d ~it~~ 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 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 Rea/ Point of Beginning. Comprising 2.364 acres, more or less. Prepared By.• Joseph D. Canning, LS 4 »6 Date: August 13, 1997 • 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 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 o> 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 e 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 >3, 1997 • 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 4116 Date.• August 13, 1997 • ~. c~ ~. ~i~r~c~%ne~tay ~iw • 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"1N, 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 41 >6 Date: August 13, 1997 • ~'. c~ ~. ~i~~r.~,sceP,sra, ~.~ i 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 aline 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 4116 REp Date.• August >3, 1997 J~ Y~ 4116 i r F o F ~° ~~' \H D. Ca~~ AUG S'~tATE OF IDAHO se COUNTY OF ADA ) ~ ' 1 © 200 322 3~ta7 f'. 02 • ~+ ~+ YD~VIT OF LEGAL IIIIT~R,C~i'~ 1, 1,.,-~.e ~ ,~ c ___ (rlartre) (address) ___.. r ~ 1 lei Di ~ ~~~- bang tlret duly sworn ui~ais oath, depose turd say; (city) (state) i, That I am ttte record owner of the property described or, tl,c attached, and 1 grant xny pcrmtsston to ~o~.IpLUP~~ (name) (address) to subrnlt ttte ttccornpAnylr-g arplicntion pcrtalrting to lhat prupcr'ty. r1/7Y d ~' ,/~~/r"//9'`~ 2. i agree to indemnify, defend And hold~~and it's crnployces harmless front any claim or llabtllty rcault[ng (corn nny dispute as to tlic Ftatcmcnts contA[ned herein nr as to the owncrshlp of the property WI1tCh Is the sub~CCt Of t11C application. Hated this L day of l ~J 1 ~~~+ ____ (Signature) 5U©SCRIE3CD AND SWORN to before rrie t(ie day and year first above wrllten. ~~ Notary Fubllc for Idaho , Residing at rn My Co~ttcriisston Expires: ~,~~ ~Q(~ a $ M cu s+oe ~~ ~`"n}r a':~'i'~~A~~':~~1~~+i-~F t~~.~rwe~RE~L;'.;~P~' ." ~,. ,.::.;~. y , ,~,~ ~ NO. ~ ~ro' NU. , ~_r r T , .~ .... .. . iii!it-RrARRAL~fTX_DEED __.r,......_ _ _ .. -. _...._-.._ ____ __-_...... r,u[u .a n...u n r..n~ -,N~rw.nu., ,+.,. ww....... t: t.:._.. ~ .. .. ~;~ _~ r I 'Tffis _IIVDENTURE, Made thf. 9th :day t . October :- _.. I: -r-. .~~'" ~' iri the year of our Lord one thousand nine hundred attd .. fifty-one ,between l } Z,,>:'pIS C. FR~R and F:UHY W. FR~R, husbena snd wire , ~;~ .• ~~~ of Mountain Homa ;Comity of Elmore _., _ ,. ,_3tateof Idaho„ - .. y I , _, ~"'^ i,' . the parties ~'"of the first part, and LAWRENCE R. TUCIINE33 and LOIS E3TZ:IER f: lii ~. '. •• ~~j TQCffiJE3S,•:..hueband and xife 1 ~i y y; _ ~ ;., of ;,, Meridian ,County of Ada ,State of ..Idaho ;~ > 'f the partie9 of the second park i ~; ~ ~ „~: ; WTPNE.SSETH, That the Bald part ie a of the first part, for and !n eonsidention of the suin of D ~ : ~ ~ , ~~.,°. ,; Ten and no/100 ($10.00) - - - - - - - - - - - - - - - - - - - DOLLARS, !J •-~- ~ ~ lawful money of the United Staten of America, and other good and valuable (.I ~~' _ , ; oonaideration to tY.em in hand paid by the said ! ~`' + part ie s, of the second part, the receipt whereof is hereby acknowledged, ha ve granted, bargained II~ e"°" ! ' end sold, and by these ptrscnts do grant, bargain, sell, convey and confirm unto the said part iea t ~ u I of the second part, and to their heirs and assigns Forever, ail of the following described real estate, i ! ~ situates( in .the ,County of Ada ,State of Idaho, to-wit: I ~. ~ i i; ~ The west 246.65 feet of Lot 7 of Plessara"Valley , ~,, 'Subaiviaion, in the SYest half of Section 8, Township •. 3 North, Range 1 East of the Boise Meridian, being `! ~ more particularly described ae follows: i~ ~, . : ' ~ 1 r.' ~~ Beginning at an iron pin.at`the Northwest corner ; ':: of said Lot 7, thence North SS°55t Eeat along the 27orth I:~ <;: '•~ side of said Lot 7 a distance of 246.65 feet to an iron Ii ''~ !, pin• thence South 0°41i Esat'.and µ,. parallel` to the Ni'eat i ; side of gsid Lot 7 a distance of 1556.90 feet to an ~ ,r';~' -iron pin on the northerly bank of a:drain ditch; thence j; North 66°28~ West along the Ndrtherly bank of.a drain I: dttch 270.45 feet to an .iron. pin, thence Nox•th 0°41i , West along the Weat side of 'said Lot 7 a distance of ~; ;, 14'44.07 feet to the point of beginning. ;~ ;: ~ ! ' /. .. i 1 ~. I ~~ ` A it e. ! ,` i jI ~; .. I ~ ;~= v; TOGETHER, With all and singWar the tenements, hereditamente and appurtenances thereunto , ~'~' belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, reab issues and profits thereof; and all estate, right, title and interest in sad to the said property, as wall ~~ ~ in !aw sa in equity. of the said part of the first part. i ~," Tp H~~YE A..:`D TO :TOLD, All and Singular the above mentioned ca3 dc•~cribed ?imiisen, tneetber . s ~' ' with the appurtenances, unto the part of the second part, and to hehs sad assigns forever "' and the said part of the first part, and ~ heirs, the said premises fn the quiet and pesceable ° •' posaessioa of the said part of the second part, heats and assigns, against the said part ' ~> _ ; . ` of the Pirat art, and heirs, and a atnst sal and ev p g ery person and portions whomsoever, lawfully ~' ~ ~ claiming or to claun the same ah;~ill and will WARRA.IVT and by these preeetibi forever DEF'ffiND. i i ;; , .,_ ; i i _ ~:WO_ ~i~ ..w ."!R't~ulL rNi ~ ..p,.ii.:.ytlu a~ •.LnM~ 1+..h •s~s..- ra rye.:i. ' YM .:, y ..ti . 1' . s . 7 '~i,i -f ~ ~" 7 TU Nu ~ ~ ~~, , ; ,. ,: N0. . .. . . ..., ,. , - ... , ..« _ FiCZn~ i ,. s. ~ ~ .~ n< fi ,:. , . ,.. ~ ~ . ~ yyARFLAN'TY DEAD . .. ~ ~ ,, i - _ , . '>~~w E.. ~ t 1 - . u~.~ ............. f ... ........:......... ..... ... . s .h.., k ~: ~ __ . , i .,--~ 7 'r~ .. .. ~1 % ~ ~ ~ .~., w ~' ~ .r~, l it ........ 1~ ~... i,',.. ~. , :l ~ i;, i 7 : Daied . 19.._..... ; ......... ..................... •~. Y. ~--._~- _ _. r __ STATE OF IDAHO. ) ,, 3~0. :,.: !( ~ ~ Y Iwretry aactlty that thfa tnstrumant waa ftled a .;.:. 1. ~! , ~ ; for. ai t of.» .............r ........_ :. ~ aL........~.._.'.~..t.._......... mtnutcs pant...... .___.._.... ' . :. ..; O•CIOC~C._... ~.......bf.. thiF............f'.1. ~.._.........._....dsy :7: . _ ._ • o f .»... _... _... ....... ..... ............... ....... ~':.., ~ ~ !n my of[lce. and duly rcorded In Book .................. .. ~ ~ oL_......._ ............._........................... at page.................. .. Sx-OfflClo Reeordar. -- . ~ f .... ..•..... I~eea. 5.. -- 1 , .................................... 1] t :. o ......................... Tfa . r J :w.eaa ~ ~e.»., ....,~.. ~.. .. eu . .. l ' ., .~ ril liy~ l ) ~, l tiy, ,.~.! ~ QF IpA~4 aF ans ~~~~2~ ~gfy~7.~t=1b P. 1•!1P, as AFF.~YT Q~' Cam, ~T~R~~,_,,. i ~' (name) , (address) C.,~(~ . ~lt,,all;a~, ~n~c.. ~ l I1G ~ ~~ , ~.~~1 ~ 2 ' l3 ~~ being tit duly #wl'rn upon • oath, dcpos9e and oay: icityj, ~ (state) ~, 1~~~~ J~~o e~. d~a br d n theca ta~ched I ~ gren~~ What i gun the of the pr p ty my peramfesion to . C•~. 2. I agree'tn indemnity, defend and hol and tt's emp)oyeas harmless from any claim or liability resulttng from o~ty dispute as to the statements contained herein pr as to the ownership oPthe propertywhich is the sub~eot of the application. Dated this ~~ day of ~6c.)5T~ ,19 l ~1• ~-, ~ 1.~rle-~c.~'-a~ . ~ /plc. ~sr-~'~ __~__ .~~ (Slgnaturo) 5I,1HSC1~Jg1rD AND SWORN to befarc me the day and year prsk above wrltken. OFFICIAI. fl~'.I. BPYAN T. MARTIN. i~aar~-~unirr~n' ~~~ ii,isw Notary P itc for Ida#o A~ono~ Residing St `m°~OPa Ctw~-t~ My Commission Expires: d -' q -g 9 Pest-ItT"' brand fax transmittal memo 7671 ~ or papa - ~ ~ , v~cu w to submit the accompanying application pertaining to that property. • ~'F~D~'V~'~' Q~' ~~GAG ~VTL~~T ;, ~, 5'X'ATE 0~' lDANO ~OUN1Y pF ADA as ~~ ,. ~ ~~ ~~ • {namo) - - {addrese~ ~-+ r ~''b " / L! a~ ~O~ ~ (~S~ c~ c ~+ , ~,c~ __ ~;~ being first duly sworn upon ~---~-~~ --~.._-,~_. oath. depo9c and esy: (city) (state) ~~s,~ / ~~5 GJ. ~,~ vl~~'-~ ~'~~i .s9dU~.s+n~.,~o 8 ~ X4'2 1 ~ That I am the Hof the property described on the attached. and l grant to aubmtt the accompanying appltcatton pertaining to that property. crrY ~~ ,s~~~ Z. Y agree to indemnify, defend and hol and it's employees harmless from any claim ar liabitity reeulttng from any dispute as to the statements contained hQCein or a~n co the ownership of the rrorr~rty whlrh is LhP 9ut~ect Of Lhe apFllCatl~ri, Dated this ~ ~ ~ day of "7~ 18 1 ~,_.,.• SUBSCRia~U AND S`YQ12N to before me the day and year first above written. _I ~vn~N esa-cN Comrt-!q(on ~/1Q6$~~ -~i Notary FI~bBG .,. Cafl1~p aRAN6E CCUNiY =» MY Cvmm, Expires AUG D.19pp ~,, ~ Notary P lic forte CGt ft ~rrr~,~. Etesidtng eat /~ ~ ~ My Commission Expires: ~~/%: ~~ ~ ~~,~ 6 w.cu ewe ~~~r..~y/ (~QQTCi,8~ . • REGIUEST FvR SUBDIVISION APPROVAL PRELIMINARY PLAT AHD/OR FINAL PLAT PLANNI;~1G AND ZONING. COMMISSION TIME TABLE FOR SUBMISSIO~t: ~,t/;/~~~~~~iJ ~jr//G~ A -request for prelarnina-ry plat approval must a in the City Clerks possession no later tt,an three day= following the regular meeting of the Planning and Zoning Commission. The Planning ar,d Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received befar~e 5:00 P. M. , Thursday following tt,e Plar~r,ing ar,d Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision. ECONO I~IJBE SUBDIVISION 2. General Location, FAST QF CX'f7ST RO~]F, PTFT STnF F mnrr~rr~ra 3. Owners of record, ~~~~ R. AND LOIS E. TUCIQVESS Addrecs, 1915 E. FAIRVIEW AVE ~~D Z1pID 836~elephone 888-2077 ECONO LUBE N TUNE 4. Applicant, C/O PATRICK MCKEEGAN,`~~r~ss, 218 S. COLE ROAD BOISE, ID 8370 5. Engineer, JOE CANNING Firm B & A ENGINEERS Addrecs X505 tiV. FT2ANKTTrT rz BOISE, Zip 837pS Telephone 343-3381 6. Name and address to receive City billings: NameGARY HEPBURN ECONO LUBE N TUNE ~ ~ 4911 BIRCH STREET NEWPORT BEACH CA 92660 ~~ Addre.,~ TelEphone714-851-2259 PRELIMINARY-PLAT r'HECKLIST: 1. Acres 2.354 2. Number of lots 4 :~. Lots per acre .59 ~_ Density pe-r acre N/A Subdivision Features 5- mooning Clas~ificationts) C-G . ~ ~ • • f. Trees will be provided for YES Trees will be maintained YES . ON LOTS ~0 BE IMPROVE AT THIS TIME EXISTING TREES IN GOOD CONDITION WILL BE SAVED WI~2E POSSIBLE. g. Sprinkler systems are provided for YES ON IlKPROVF' ~~ AGRICULTURAL AREA IS IRRIGATED. h. Are there multiple units AT~A Type remarks i. Are there special set back requirements- YF~S _ Ex p l a i n F~~EW AVENUE j. Has off street parking been provided for YES ,.Explain CONIl'~RCL?~L BEING DEVELOPID AT THIS TIlKE EXCEEDS MINIMUM REQUIRII~N'I5 k. Value range of property UNKOWN 1. Type of financing for development PRIVATE m. Protective covenants were submitted YES . Date 8-14-97 16. Does the proposal land lock other property Np Does it create Enclaves NO _ STATEMENTS OF COMPLIANCE: 1. Streets. curbs, gutters sr,d sidewalks are to be canstructed to standa-r~ds as required by Ada County Highway District and Meridian Ordinance. Dirnensioris will be~ determined by the City Engineer. All sidewalks will be five t5) 7eet in width. ?. Proposed use is in confar~rnance with the City of Me-r~idian Comp-rei,ensive Plan. 3. Development will connect to City services. ~. Development will camply with City Ordinances. 5. Prelirnina-ry Plat will include all appropriate easements. 6. Street names must not car,flict with City grid system. i3) •\ CITY OF MERIDIAN PRELIlI~IINARY SUBDVISION PLAT CHECKLIST INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED APPLICATIONS MUST BE SUBMITTED THIRTY (30) DAYS PRIOR TO NEXT REGULARLY SCHEDULED P&Z MEETING. ITEM DESCRIPTION 1. Pre-application submittal meeting held 2. Thirty (30) copies of the completed and executed written application form Proof of current ownership of the real property included in the preliminary plat and consent of recorded owners 4. Name and address of party to receive billings/correspondence Legal description of subdivision prepared and stamped by Registered Land Surveyor 6. Thirty (30) copies of the preliminary plat with dimensions of not less than 24" x 36", drawn to a scale suitable to inswe clarity of all lines, dimensions and other data. Preliminary plats shall include: a. Proposed Subdivision Name b. Drafting date c. Sectional location of plat -County d. North arrow e. Scale of plat (not smaller than 1 "=100') f. Names, addresses and telephone numbers of owner, subdivider or subdividers and engineer, surveyor or planner who prepared the preliminary plat; g. Statement of intended use of the proposed subdivision (i.e., residential single-family, two-family and multiple housing, commercial, industrial, recreational or agricultural) h. Sites proposed for parks, playgrounds, schools, churches or other public uses i. Streets, street names, rights-of--way and roadway widths, including adjoining streets or roadways; COMMENTS/DATE y~ s S~ ~ 7z~~ /1~,~7~ • ,~ PRELIlVIlNARY PLAT CHECKLIST ITEM DESCRIPTION j. Lot lines and blocks showing scaled dimensions and numbers of each; k. Legend of symbols 1. Minimum residential house size m. Contour lines, shown at 5' intervals where land slope is greater than 10% and at 2' intervals where land slope is 10% or less, referenced to an established benchmark, including location and elevation; n. Any proposed or existing utilities, including, but not limited to, storm and sanitary sewers, irrigation laterals, ditches, drainage, bridges, culverts, water mains, fire hydrants, streetlights, pressurized irrigation and their respective profiles o. Any dedications to the public and/or easements together with a statement of location, dimensions and purposes of such p. Master street drainage plan including method of disposal and approval from the affected drainage district q. Floodplain boundary as determined by FEMA or measures to amend this boundary r. Stub streets to provide access to adjacent undeveloped land or existing roadways (block lengths do not exceed 1,000') s. Cul-de-sac lengths not in excess of 450' 7. A statement as to whether or not a variance will be requested with respect to any provision of the Ordinance describing the particular provision, the variance requested, and the reason therefor A statement of development features 9. A map of the entire area scheduled for development if the proposed subdivision is a portion of a lazger holding intended for subsequent development Page 2 of 3 CO)ViMENTS/DATE 5~=~?T,9c~fGo r~K ! ~~ PRELIlVIINARY PLAT CHECKLIST ITEM DESCRIPTION 10. Thirty (30) copies of a vicinity map showing a minimum 1/2-mile radius from exterior boundaries of plat, including land use and existing zoning of proposed subdivision and adjacent land (scale optional) 1 i . Thirty (30) copies of a 1 "=300' scale map on 8~/2" x 11" paper indicating all adjacent development and/or lots of record within 300' of any boundary of the proposed development, with the layout of the proposed development in bold outline. 12. A statement of traffic impact on existing adjacent roadways and intersections 13. Four (4) sets of conceptual engineering plans, including respective profiles 14. Fee Paid - $300.00 + Lots @ $10.00/Lot certified mailings ~a $1.42/mailing 15. Proposed restrictive covenants and/or deed restrictions 16. A site report for establishment of the highest seasonal groundwater elevation 17. Other Information as Requested by Administrator, City Engineer, Planning & Zoning Commission, or City Council REVIEW BY: Page 3 of 3 COMIViENTS/DATE Garv D. Smith P E City Engineer APPLICATION ACCEPTANCE DATE: • O _~~ P S ~~ (myq ~ _WV ON ~~~ mM~ 9 ~~~~A ~~`~ ~Z o~ m i N T8 y ~~Y~~ ~~~,.: ~~ ~~ ~~ ~~ ~~~ ~~~ Z ~~~ ~~ \ ~~ ~ ~~~ ~ ~~ A• P ~ V { ~w I (,, m • •\ a s N o a€~ > m Y ., _ .,,, ' - ------ ----- ---- ~ay~~~ __ _ _ ~~i~ig ~~3 $~ D DD i i / a I .n, 1r~ e pp \ ~,~ •x.~ ` ~._[ s -D. _ '° Y a , ~~~ ~^~"'3 ~~y D ~ ~~ I' .,,, 7 a i~\ '~ s s "s aY A\ ~4 c w ~~ C D j~ ~~ ~ ~~ ., - i~ s a.. I~. -'' \ ;t=-""rD~ ---- ate- ~~ O ~ D •~ /, I i ' rin, ~ I ea,, , ~ \ 'p r,: J I ~'' 'til _ Gy 9' m /~ I NATl(l~IMD1R s _ n.u ; _ ~[ ~.e I .til-w ' ~~ ~\\' {~ ^ y~ ^i_ I 1 / __- - i .', i i 1 ~ ya, w I ~ ~ "~.' V T I it i. a~,~ '4~: '. •• t _ [ ~~ _ ,.n.. ~ 15 ~ - _ _ _ _- _ _LOI,_____~_ ~ ~.__~. ' a b ~ __.__-_____ _ ~~__ r - F D ~~- - -k gy- i' •~g ~; i _ : H4 t ~ 3 = ~ i` w, y- -xu~-.w- D fr ~ ra8 .~. /• '! '9c`/wh~~- g it • ~~'W i ~ ~ ; ~ ~~I titi~.... ~ ~~ D"' -\I `~'*.u.. 1 I I ~ _/ ~ r -- II ' ^?xtii ,,•~r II / ^.~ IIIj •..iAi~ ''~ s ..,r''ti titi~. 'r .; ~~ ~ .~~ s `~ ~ '' ~ •"'a' III I ~ ^.,. ^hs i 5~ I ''`' • I I '' I I I ~ y A e..,,i \ I ~ M I. 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ECON4 Y,UBE iv' TUNE, INC., a California corporation, hereinafter Purchaser, will within ten days.,of+Seller's acceptance of.tlus,,.agzeement make an Earnest Ivloaey Deposit in the amount oft as follows: in favor of Seller to be held by Stewart Title C4~ ) , .a::', , .,::.; ;:.-: , .,. -,.. ,~:;:.<> ,,:,, ~ ~ -,y,. Yr..'. ~~~~ to be paid as the Survey for the parcel its complete and Purchaser to pay directly for same and to be credited to the deposit; and Purchaser will make an assigturte~nt agreement of rite deposit as paid to Purchaser by of the as a partial payment for the following described real estate is the County of Ada, State of Idaho to wit: The west z4G feet of the pro~eriv lar~attd at I IS !~airview Meridian, Idaho Cs~p istina ~~'~ ~ sa feet (246 feet x, ~6 fee(), Together with all easements aad rights of way appurtenant tltezetn, and ail tmprovements tltereott and all fixtures of a permanent nature currently oan the premises except as hereinafter provided, iut thee' present condition, ordinary wear and tear excepted, hereinafter known as the property. . furthermore, one half of the Earnest Money Deposit will become non-refundable 3Q days prior to closing and released to the Sellers at said date. C7ne half of the ];arnest Money Deposit wilt become nom-refundable upon the city of Meridians issuance of a recorded Platt map for the subject property on or about October 15, 1997, this date is art approximation and may be adjusted per the City of Meridians tunic constraints £nr re-platkin.g this property bat -aot later than (7tober 31, 1997. 2, Pgrtiea The undersigned representative for Econo Lute AT' Tune, Ino., a California corporation, hereinafter coiled Purchaser, hereby agrees to buy the Property, and the undersigned owxaer(s), hereina.£ter called Seller, hereby agrees to sell the Property upon the terttts and conditions stated iterein. 3, Purcktase !Price. Inclusive of the above Deposit (rite Deposit being appticable to,the purchase price~,~ Purchaser shall deposit the rota! of rho purchase price in escrow as follows: ' cal of `, "" ~ ' .. , : ~ to be placed is escrow prior to closing aztd transfer of title, 4. escrow. An escrow shalt be opened at Stewart Title C-ompaz~y and will be designated as the escrow holder ("Escrow") for the purpose of carrying out the tertrts of this Agreement. Purchaser and Seller shall deliver signed instructions to Escrow within fifteen (1S) days of Seller's acceptance, and the date Escrow shall receive such signed instructions signed by both Purchaser and Seller, shall be the date of "opening`' of escrow. Under nu uircuiuslal~~s shall the date bF "opening" of cscrawr be more than fourteen (14) days after the rlatr. this agreement is fully executed. The instructions shall not modify or amend the provisions of this agreement; provided, however, that the parties sitalL execute such additional instructions as requested by Escrow not inconsistent whit the provision hereof. If Purchaser is unable to complete the pnrcltase, hot}! parties 1lcreby instruct EKpker or Escrow holding deposited funds to pay from such funds and escrow fiords any escrow costs. 3. Evidea~cC t~P Titre. Sellar t;i,all furnish to Purchaser, at Seller's expense, a current Commitment far Seller's title insurance policy in an amount equal to tl~e purchase price on or before ten (It)) calendar days franc full execution of Agreement (Tide Deadline). Pt,txehaser may require of Seller that copies aiF lnstrttments listed in rite seitedule of exceptions (Exceptions) in the tale insurance Commitment also be fitrnished to Purchaser at Seller's expense. Tltis requirement shall pertain only to instruments shown of retard in the oft'ice of the clerk sad recorder of rho designated cauttty or counties. The title insurance committttent, together with any copies of insttttrttents fiuYtished (pursuant to this section), constitute the title documents (Title Documents). Purchaser, or Purchaser's designee, must request Seller, in writing, to furnish copies of instruments listed 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 the title insurance"policy delivered to Purchaser as soon as practicable after Closing. ^k ', ; ti, Title r1~^- ~,~~~ ~'r.,. - - - - - - - - reasonAbtr., but not tU cxccr.~l t.ltt~lU) ~tys, lu curract tutl-f tlulb~a(u), it titlo~tr ranth•rt+d mcrchentAblo as providul, lltetr ut lrutcltntier'u uptlott, llti~ Agl~taamCtlt shall hrr vtri(1 and at tta o~~t and each platy hereto shall be rclrasul 11vRU all ohligatlanm huruu+tdur. in each went alt ilAytttentli and things Of Value received he[eunde! shall be rt;lll[IICt~ lQ IJW ChASer, b, Title Review. Purchaser shall have t11e rigtzt to inspect the 't'itle Documents. Written notlcn by Purchaser of ururterchantability of title or of any odrer unsatisfactory tide condition shown by tale title Dtxwllenl8 shall. be sigtled by or on behalf of .Purchaser and given to Seller on or before fifteen (15) calendar days after receipt of same, or watltin ten (lt]) calendar days after receipt by Purchaser of any Title Document(s) or endorsement(s) adding new Exccptiuzr(s) to ttae title eonunitment together with a ropy of the Title Docu~Cnt adding new ~xcept.i4n(s) to title. if Seller does not receive P'urchaser's notice by the date(s) specified above, ;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 5, true copies of all lease(s) and survey(s) in Seller's possession pertaining to the Property and strait disclose to Purchaser all easements, liens or other title matters not shown by the public records of which Setter has actual knowledge. Purchaser shall have the right to inspect the Property to determine if any third party(s) has any right in the Property trot shown by public records, (such as an unrecorded easement, lease, or boundary line discrepancy). Written notice of any unsatisfactory condition(s) disclosed by Seller or revealed by such inspection shalt be signed by nr nn behalf of Purchaser afad >,ivon to Seller on or before ten (10) calendar da s after ~clivcrY of {~p~unants. Tf Seller does not reccei.ve Pitrclta.ser's notice by said dale, ~rohaser accepts title subject to such nights, if any, of third parties of which Purchaser has actual knowledge. d. Transfer al' Title. Subject to tender or payment at closing as required herein and colrrpliance by Purchaser with the other 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 for the year of closing. Title shall be conveyed free and clear of $11 liens for special improvemetats installed as of the date of Purchaser's signature hereon, whether assessed or not; except (i) distribution utility easements (including cable Tom, (ii) those zxratters reflected by the Title Documents accepted by Purchaser in accordance with Section 5, (iii) those rights, if any, of third parties in the Property not shown by the public records, (iv) inclusion of khe Property within any special taxing district, and (v) subject to building azrd zoning regulations. 7. Ganveyance. Seller shall execute and deliver a good and sufficient Warranty Deed to Purchaser conveying the Property free anal clear of all taxes, except rho general taxes (which will bo apportioned between file parties) and free and clear of all liens. The Property shall be delivered free amd clear of all encumbrances or restrictive covenazlts, except those of public record. 8. Tncumbrances. Any encumbrance required to be paid may be paid at the time of settlement from the pracccds of this transaction or froze arty other source. Provided, itowcvar, at the option of PurGhttser, if Ule tok'd indebtedness secured by liens on the Property exceeds Qle puuchase price, t)uis Agreement shall be void and of no efi'ect and each party hereto shalt be released from all obligations hereunder and all payments and things of value t~eceived hereunder shall be returned to Purchaser, 9. Apportionment of Taxes. General Taxes ;for the year of closing, based on khe most recent levy and the most recent assessment, prepaid rents, water rents, sewer rents, mortgage insurance premiums and interest ozz encumbrances, if' any, shall be apportioned to date of delivery of dead. Stiller shall be responsible for any sales and use tax tltak may accrue because of this transaction. Upon the purchase of this property Purchaser shall be responsible for any increase in property taxes due to anzzexation and re-totting. 10. )Possession. Should Seller fail to deliver possession on the date herein spec#"red, Seller shall be subject to eviction and shall be liable for a daily rental o wtdl possession is tendered. eafliert:; Ebert-Selle~i s~ , , (il) Iir SFl.1.~FR IS l~1~.l''AUI:I', (1) Ywct~asoi n~ny clan to unul t~Ag~uc.mrnt a~ I~u~~inidc~,l, h, which caso all payments and things of value received Itetetttltlel` sllall 11C lellll7ll'A~ l0 PIICCIIiI~f (1116111f11F1~ alll t)f Purchaser's deposits whether or not deemed nun-iCfw~dablo) une! bpllur ~tu-ll luy 1A9~. of au+ enlc+a-~e-ie 1?a~al~ase~,~s-.~..~~ ~-,` ,,..-,,,. e~,~~.. ,~.,,.~_~-~.~ d~y~,~ut~nt ~t-W~t or (~) Purchtt~cr may elect to tnat this Agreement as being in full force and effect artd Purchaser shall have the right to an action for speciflC perfarmanco and or damages as may be awarded, or bolt. (b) IF PCJRCHASER 1S IN DEFAI7LT, Seller may elect to treat this Agreement as terminated, is wltialt er~so all paymeatQ and things of value received hereunder shall be forfeited amd retained on behalf of Seller. Furthermore, in the event that Purchaser shall terminate this contract, Purchaser sllall provide to seller any completed GeotechmiCal soils reports, ALTA surveys, and parcel snaps. (e) Anything to the contrary herein notwithstanding, in the even of any litigation arising out of this Qg~~elnent, the court may award to the prevailing party all reasonable Costs and expense, including attorneys' fees. l3. Conditions Precedent. The following are conditions precedent to Ute consummation of this Trartsactiorl. a. The satisfaction or waiver of any contingencies that may be set fartlt within Uxe time limits specified. b. k'urchasex's written app~uvaI of the Cattunitanent of Title Report. Trt the event the Title InStumlce Report, or binder, shall reflect title defects, leases, deed restrictions, eneumbrat-ees, or other conditions not acceptable to purchaser, then upon not~f"ication by Purchaser to Seller of such defects or conditions, the Seller shall rrntne[tietety and illllg~u~ly P,w~od to ours ~asna and shall have a rracnnahlr time within W11iG11 SO to do. Any time used ita such pursuit sllall be added to the escrow period, which shall be evidenced by an amendment to escrow by Purchaser and Seller. I.f, after the exercise of all reasonable diligence, Seller is unable to clear the title and defects in its then condition or Purchaser may terminate this Agreement, whereupon both parties shall be released from furtl-er performance 1-ereuader and the Deposit shall be returned to Purchaser. a 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 detenrr-ine the Property's suitability for Purchaser's proposed irnprovetnents. This shall be done at the Purchaser's sole cost and expense, and the Purchaser shall i,t no way damage, destroy or harm the Property being conveyed, or axty unprovements thereon. Purchaser sllall not permit any mechaztic's or materialrrten's liens to be filed against the Property a,ad agrees to ittdetnnit'y Seller with respect thereto. In the event that Purchaser is not satisfied with the results of the tests, Purchaser may, by notifying tlxo Seiler or its agCa,t in wxitittg, dcclara thie Agreement null and void, and all parties shall be released from ;fiu-thci ut~ligation ltercundcr. In the event that such nocifr,Alinn is not received by feller willxin Two huatdred tbrty-ttve (147) pays irons tt-e u~,uu~ ,lute of )racrow, shoo thin Agrooinant chap rnntimie: in full force and eU'ect and the contingency as contained in~this paragraph shall be deemed to be waived. d, Purchaser, at its sole cost and expense, shall prvvitlc ~iEt~ a Preliminary t;eoteCluueal investigation within thinly {30) days after the opening date of ):serow.. Within 45 days from the opertirtg of escrow Purchaser shall perform, at Purchaser's expense, a Lirniced Phase I1 Environmental Assesstnent. If such survey, studies, soil borimgs or tests indicate Conditions not satis£aetory to Purchaser then Purchaser shall be released front further performance hereunder and any deposit (including any non-refundable deposits) shall be returned to Purchaser. The Seller warramts to Purchaser flair to its knowledge there does not exist or never suss existed any soils coatantination and that the Property is clear of any underground storage tanks of any type whatsoever. Ta the went underground storage tanks have been removed from the Property then Seller shall present a I+etter of Closure frotra the appropriate governmental and regulatory agencies representing that the Property is clean aztd free of all l~xic SubStanCes. e. Purchaser proposes to use the Property for the construction and operation of an autotnolive after ,uarket service facility eansisting of approximately 2,800 square feet, including on and ofr' street parking ineidemt tltercto, together with slgnage acceptable to Purchaser, including Purchaser's identification pole sign. FurUaermore ~l~will utilize the 130 feet west on Use property for an automotive parts retail establishment. In the event that the Property- is restricted Ly auy stoic, co~Ytlty, municipal or other governmental nrdinanct:, rule or reltuiations, including limited access or use rules, 1'nrcltasei may undertakC any and all reasonable means at Purchaser's disposal to secure rezoning, special use penxtits or variances (hereinafter "Authorizations"), so that the Property tray be used for Use purposes hereinabove set forth. Seller hereby agrees to cooperate fully with Purchaser in scouring such Authorizations in the name of the Seller as necessary. Provided Purchaser has diligently endeavored but is unable io secure tltc Authurizatiott8 necessary for utilizing the Property far the pul'pOSeS hereinabOVe set forth watliin the prescribed time as eel forth below, Purchaser may notify Seller in writing of such fact, whereupon this Agrecntent shall be null and void. In. such event, Purchaser sllall .not be obligated to complete fire purchase of the Property and escrow agent sllall promptly return to Purchaser the Deposit. Tate deterlniz~tian of necessity fCr . .. .. .. . ~.. ... .. _.___._~ _~__~r i_ _. •L_ __i.. .!L____a7.... ..C .6.. • • irwludiwp~-wll-motility-t~-AS-a~-e~-stt~-~H+~ttt1-tNt~-ut#tb wt{~ ~tiiildr iM9l~ fi~itl{F-~-M 111e-gel#er=l°l-t~-slty-sl~l-ba-~+tst-wt'-w,y w-d ult put,tiu i~Nw,t ~lodinntittaa~ ---gotwr~itttieatttl-eF"#~egulHlot~` r~u+~tr;e,~~-~-~.~.-~: ~'i:_~i~~-1>tuvuttw-~r Ea-tr~lt~-~t~•~ ' y ~ sigr,els; ~pa 1;, Purchaser's purchase is Contingent on Ptuchaser being able to obtain all the necessary licenses, permits and all auQ,orizaUOns for Ptuchaser's propased`_use,,.inc>udin a building{~errtutz~acCe~table si~t.pennitst and curb-cuts far reasonable trafl"ic access wttlti ~ ~ ~xm~~: x ~ < ~,.~~ ~. Mx.°;>:~;,•, v•;,~n~g+~;^ ~}aT 7'", tt~.,Lb y, 0. p: ~ Q• b V FR ~ ~~! '3 ru.: ~~.'F :v •YAti. .w yr yob K{N,k ,off ~At.r ~~~7. ~~A s k ~ ~,7. ~1~•i7 'R ii' .. ,'AEI iJ ,~i i i l 1 Sbotll~i more time be needed in obtaining said governmental licenses, permits and audtotyzatlons, Seller shall grant Purchaser for the purpose of acqutrtn~ the accessary ap~rovals+ 4Titese extensions shy a~ l~~ ....v .~!>!S~`lJww~rR•o'.:~'7f.'/.•}n`MU7C.6:SSTl~^...~1:^: SR~a~:~:~rrr.,-.w. ~mc...w,.,v,n~;,,,.....,..,.,...:.._........--~--._..... -- t'~±Gq~ In the event Purchaser is unablo to obtain all the necessary permits, curb-cuts or autltorixations within dte bate referenced above, Purchaser may termuinate the Agreement and Purchaser shall be entitled to the return of all original Deposits. ,A.t this lime, any non-refundable deposits snail be immediately released to Seller. Seller shall also be entitled to the return of the Deed or other instruments placed in escrow and the parties shall be released from all further liability, h. Approval of U,e Property .purchase by the Econo Lube N Tune, Inc. Real Estate ,Approval Com,nittee within ten (lo) days from the fatal execution data of this Agreement. l4. Closing. a. Closing shall occur within ten (10) dayg after all contingencies of this Agreement are met, but the parties tnay, by,mutual instruction si ned b~ both porkies: extend the date of Ciosin~ in accordance with Section yr>:pA rt:R' ' ~k ~. $.~.r ~ty.f#g. ~ k ~x:u:2., p ;~ k ~i "t.. '+'t b. Real property taxes, prerttiums on fire and extended coverage insurance acceptable to Purchaser, retris, interest, utilities and operating expenses shall be prorated as oi'tlte dale of closing. Any outstanding bond or assesct,tio„t which is a liP.o shall he paid by Seller. c. In addition to executing anal delivering any oltter documents or instruments which are reasonably necessary for closing, Seller shall deliver to Purchaser at closing: (1) A Warranty deed in recordable foam conveying fee title to Purchaser subject to a lien to secure payrneztt of real estate taxes not delinquent, and to those exceptiors, if any, approved by Purchaser. (2) A.n American Land Title Associatign (A,Ir.T.A.) Standard Coverage Policy of Title Insurance in the amount of the full purchase price, to bo paid for by Seller, insuring title vested in Purchaser subject only to the exceptions apprnvrd by Purchaser, d. Seller artd Purchaser shall each pay one-half of escrow lxolder's fee. Seller shall pay the usual recording 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 frottx the premises at no additional asst to Purchaser. Purchaser will assu,ne no liability for any unamortized cost of any signs on the Property. lS. ~teprcre,Mlatlous nrtd Diselairner. Seller represents the following: (1) Seller has not received nor is aware of any notil~iCation from the Depar[rttent of Building artd Safely, Health Departax,ent, or any such outer City, County or State authority having jurisdiction, requiring any work to be done on the Property. Seller fitrtlxer represents that in the event any such notice or notices are received by Selicr prior to closing and Seller is unable to or does not elect to perform the work required in said notice at Scll~r's sots cost s~,d axpense on or before closing, sAid notice shall be submitted to Purchaser for examination and written approval. Should Purchaser tail to approve sold notice aucl ll,crcby elect not to nequire the Froperiy subjer;t to the effect of's<3rne, within five {5) days fromtlte date Seller submits said .notice to Purchaser, then this agreement shall be deemed null and void, the escrow stroll be canceled and any deposit paid by Purchaser shall be returned to Purchaser. (2) To Seller's present knowledge the Property and improvements tltexeon, conl`orm to all applicable ordinances- laws_ zonine ree„lations and d~Ed recu-ictions. • 7G1t to i1111kC b• qtl tt~Y0.1d lu llw lnwvwtlN~~{ uxpcnse5 all tlltpaitl, Il' airy, ul-a llln AlblllillOf,1~ ~Ily, ~~ ll~llit>~ iil)ttipll party In ttilNU•utlun, i7. rIotninec. Without being relieved of any llabllity to ci0btl Qt0 purClWtW tuldnC (ltl~ A~iCClllt~flt, l'luGll~aer r4scrves the right to take title to the Property, aitd to execute t-ny and ail note», de~od of truBt and/or other deounnants called far herein, in a name or rw~~uuee other that) etnted above. 18. IIrolcerage Disclosures. Seller agrees to pay any and ail brokerage commissions due as a result of rile sale of this Property to Purchaser. 'F~I5 SPACY'; LEFT IN'TENT101VALL`Y BI.ANTC 2U. Expiration of Acceptance. .~,.n : ,,,~,..,~;. ,~„~ a. Unless Seller accepts this Offer, in writing, an ar before ~'~~~°~~'~ at 5:00 P.M., the Offer shall be deemed revoked. b, if Snll4{ aeeept~ this O.Qer witliln the time limit specified, acteplataGe shall be deemed commtulicateti to Purchaser if broker orally notifies Purchaser within the time limit specified and then delivers to Ptu'ehaser wiiltin forty-eight (48) hours thereafter, in person or by United States mail, ona copy of this Agreement executed by Seller. 1? CI~iA R: ECONU B~ N' it. F,, /~ f mar/ ,--I~.i '`7 • • S. E~.LER,S_"ACC1~P1'A,NC)~: Seller agrees to sell the Property on the above terms and conditions. 12eceipt of a copy of tlus Agrcement to l3uy and Sell Meal Estate is acknowledged.. "'" ~'" aY~~~•rdr[I~cztt~ Date ~ ~ . ~""` Date teller's Address: T11is Agreement and any attached addendum, rider or exhibit Dave been prepared tui subnulasion to your attorney for approval. No representation or .recommendation is made by Eeono 'Cube N' Tune, Inc., Or its agents or employees as to the legal su~ciency, legal effect or tax coxtSequences o~ this Agreement or the transaction t~elating thereto, Meridian City Councit November 18, 1997 Page 5 MOTION CARRIED: All Yea ITEM #5: TABLED NOVBDM~ ON BY7ECONOULUBE N TUNER NC. I~EAST OF FOR ECONO LOBE SU 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, 1 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 Corrie: 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 LUBE N'TUNE AUTOMOBILE MAINTENANCE AND LIGHT REPAIR FACILITY AND SCHUCK'S AUTOMOBILE PARTS STORE BY ECONO LUBE 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. 1 would not be inclined on this update for 12 foot by 6 foot. Twelve foot wide is going to be pretty excessive. 1 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 C MERIDIAN CITY COUNCIL MEETING: NOVEMBER 18 1897 APPLICANT: ECONO LOBE N'TUNE ITEM NUMBER: 5 REQUEST: PRE IMINARY PLAT FOR ECONO LURE N'TUNE SUBDNISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: Y~~~, CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: ~'~ MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~ ~ ~ • 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. Totsma: 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 LUBE SUBDIVISION BY ECONO LURE 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 Attorney. 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 November 5, 1997 Page 28 Corrie: Motion made and seconded to table the preliminary plat until November 18~', any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF ECONO LUBE N'TUNE AUTOMOBILE MAINTENANCE AND LIGHT REPAIR FACILITY .AND SCHUCK'S AUTOMOBILE PARTS STORE BY ECONO LUBE N'TUNE INC. -EAST OF LOCUST GROVE, SOUTH SIDE OF E. FAI RVI EW: Corrie: At this time I will open the public hearing. Patrick McKeegan, 218 S. Cole Road, Boise, was sworn by the City Attorney. McKeegan: Mr. Mayor and Council I would respectfully request that the testimony presented in item #13 be entered with this item also. Come: Is there anyone else from the public that would like to issue testimony at this time? Hearing none I will close the public hearing for the request for the CUP and we need to also table this Council. Morrow. Mr. Mayor, I would move that we table the conditional use permit for the construction of the Econo Lube N'Tune and also the Schuck's Automobile parts store until our meeting on the November 18th Rountree: Second Come Motion made and seconded to table this until our meeting on November 18th, all those in favor? Opposed? MOTION CARRIED: All Yea FIVE MINUTE RECESS ITEM #16: RON VAN AUKER: DISCUSSION OF LAND TO EAST OF FUTURE MIDDLE SCHOOL SITE: Corrie: I would entertain a motion that we table that to November 18"' since we need some people here. Morrow. Mr. Mayor I don't necessarily disagree with that, from my perspective this is an issue essentially requesting ground be added to Boise'/. mile west of Cloverdale Road, I am certainly agreeable to listening to a discussion by the Van Auker people but for the record (inaudible) any ground west of Cloverdale Road being incorporated into the • r MERIDIAN CITY COUNCIL MEETING: NOVEMBER 5 1997 APPLICANT: ECONO LOBE N'TUNE ITEM NUMBER: 14 REQUEST: PUBLIC HEARING: RE VEST FOR PRELIMINARY PLAT FO ECONO LOBE SUBD. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS 9-9-97 P 8~ Z MINUTES SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS ~'~ ~° ~` ~~/ ~~, l SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 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 applicatiofrom the Comm sts on? At thffs time I more discussion before I close the public hea g will close the public hearing on item 12, this is the`annexation and zoning request. This would require findings of fact and conclusions of la Smith: Mr. Chairman, I would 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 Attorney prepare findings of fact and conclusions of law on item #12, all those in favor? Opposed? MOTION CARRIED: Alt Yea ITEM #13: PUBLIC HEARING: REQUEST FOR A PCELIEAST OF OCUS TGROVE, LUBE SUBDIVISION BY ECONO LUBE N TUNE IN 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: I 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? I can tell you traditionally what we do. Johnson: I am not really sure about that, Traditionally on a preliminary plat when it follows an annexation and zoning request we table that item as we can't act on it b'cause we haven't annexed or zoned it. If there is anything you can add to that Counsel . Meridian Planning & Zc~g Commission September 9, 1997 Page 31 Fitzgerald: Not really, that is what in terms of the public hearing on the preliminary plat you can bring that up and discuss that and when you move it on when you do finally act you can add that to your motion to the city Council as part of your recommendation. Smith: From the standpoint of the property subdivision the items that you have asked us to take a look at will not be affected by that, will not affect the property subdivision as we have it shown. Schucks and Econo Lube are going to be essentially splitting that lots 1 and 2 into equal portions. Econo Lube will have the easterly half to work with and Schucks will have the westerly half to work with and the common access drive is going to be on that line. So that will be vuorking with those pieces on their individual lots. Johnson: In the absence of any additional public testimony at this point I don't see where that is a big issue. If that were to be changed if they did a redesign we could incorporate that into the comments and move it onto City Council level. Borup: Excuse me Mr. Chairman, I think probably Commissioner Smith's comments apply to item 14. Johnson: Which is the conditional use permit itself which we will take up next. Smith: I guess we are just approving the property (inaudible) Johnson: Is there anyone else representing the applicant that would like to also have their testimony incorporated? This is a public hearing also, anyone else that would like to comment on the preliminary plat? Any other questions or discussion? Seeing no one then I will close this public hearing. Smith: Mr. Chairman I would like to make a motion that we table this item pending approval of annexation and zoning to October 14, next Planning and Zoning Commission meeting. MacCoy: Second Johnson: A motion and a second to table item #13 until October 14~', our next regularly scheduled meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF ECONO LUBE N'TUNE AUTOMOBILE MAINTENANCE AND LIGHT REPAIR FACILITY AND SCHUCK'S AUTOMOBILE PARTS STORE BY ECONO LUBE N'TUNE INC. -EAST OF LOCUST GROVE, SOUTH SIDE OF E. FAIRVIEW: OFFICIALS WILLIAM G. BERG, JR., Ciiy 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 MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAl~ 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 To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, Planning & Zoning Administrator rntir~r`u nnPMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY a R 7 (`nMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH September 4, 1997 Re: Application for Annexation and Zoning to C-G and R-2 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) as conditions of the We have reviewed this submittal and offer the following comments, 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) o to be included in this project, 1 _ Any existing irrigation/drainage ditches crossing the pr p~5' shall be died per City Ordinance 11-9-605.M. Plans will n ~ o °a~ n~withd written appropriate irrigadon/drauiage district,. or lateral users confirmation of said approval submitted to the Public Works Department stems within this project will have to be 2, Any existing domestic wells andlor septic sy removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface 3' a soil scientist with street development plans. soil conditions as prepared by Ordinance Section 11-9-GOb.B• 4, Provide five-foot- wide sidewalks mis contin ent uponlposidve results from a hydraulic Water service to this development g analysis by our computer model. Water service to this development is contingent upon positive results from a hydraulic 5. analysis by our computer model. Street Name Committee, appro~g the subdivision (. Submit a letter from the Ada or~dons necessary to conform. and street names. Make any 7, Coordinate fire hydrant Placement with the Meridian Public Works Department. nd in writing, to each of the comments contained in this memo Pat Ma yto the g, Respo , p.m., September 5, 1997. Submit ten copses of the revised prehmm ~e Meridian City City Clerk's Office a minimum of one week prior to the hearing y Council. (SITE SPECIFIC COMMENTS) 1. roximatel 8.5 acres, The overall boundary of the Annexation and Zoning request is app Y 'ch Econo Lube Subdivision occupies the northerly 2.5 acreso~ a remaining 6 of whi acres, lying south of Wilson Lane, is to remain as is under this prop Econo Lube 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 o 1 ~ construct th ewater amains t and located in Wilson Lane. Applicant will be responsib through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. licant has indicated on the Preliminary Plat map that the source of the landscape 4. APP 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? 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 please indicate the centerline of East Fairview Avenue and dedication of additional needed right-of-way (54' from centerline) on the Preliminary Plat map. . g. 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 Each individual lot shall provide and approval prior to the submittal of the final plat map. 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 Lobe 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 reliminary plat map is required to carry the stamp, signature and date of the p desr Professional Land Surveyor that has done the preliminary gn• Plat map to show that the new 30-foot portion of Wilson 11. Please revise the Preliminary Lane is to be "dedicated" to ACRD, not "Vacated". 12. Permanent easements will need to be dedicated across the subdivision for extension of public utilities. tier and five-foot-wide sidewalk along the 13. Applicant will be required to construct curb, gu 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' dneewanad new ~ be revised.s adjacent to the proposed Schuck s store are not m comp ~ of the Planning ~ Zoning Compact stalls may only be approved with the app aces are required. Commission. Based on a square footage of 10,800, 54 parking sp 16. Provide signage for handicapped accessible stalls in accordance with ADA. 17. All signage shall be in accordance with the standards set forth ur Secs on Code and shall City of Meridian Zoning and Development Ordinance, the Uniform gn royal of the Planning & Zoning Department. A-frame and other receive design app n 3 days notice to the temporary signs will not be permitted and will be removed upo want ~ specrfif tally Applicant. Sign permits are needed for all signage. Council may review individual signage. ovided per City Ordinance. Coordinate dumpster 18. Screened trash enclosures are to be pr Services, Inc. Locate site locations with the City's solid waste contractor, Sanitary dumpsters so as not to impede fire access. Econo Lube Sub.pp • • Planning & Zoning Commission/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. Econo I.ube Sub.pp WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, Ciry 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 rni Ifh(:II MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z OMMISSION 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: Prelimina Plat for Econo Lube Subdivision 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 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 LIM. & FINAL PLAT) BUREAU OF RECLAMA • ~ FINAL CITY FILES OTHER: YOUR CONCISE RE AUG 2 6 197 (~'T~ OF I~IA~~ OFF IALS 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 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & 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: Seatember 2, 1997 TRANSMITTAL DATE: 8/20/97 HEARING DATE: 9/9!97 REQUEST: Prelimina Plat for Econo Lube Subdivision BY: Econo Lube N' Tune Inc. LOCATION OF PROPERTY OR PR03ECT: 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 CITY PLANNER MERIDIAN SCHOOL DISTRICT r MERIDIAN POST OFFICE (PRELIM. 8c FINAL YEIvED ADA COUNTY HIGHWAY DISTRICT AU G 2 2 1997 ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRIC'It+~N ®F MERIDIAN 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 FII..ES ~ 2 ~ `~ OTHER: a . YOUR CONCISE REMARKS: FS w i GL cll ~ a ~ i /2F /'~T•/ S r ~~`~ 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 ADA OUNTY HIGHWAY DI RIOT Planning and Development Division Development Application Report Preliminary Plat -Econo Lube Fairview Avenue e/o Locust' Grove Road Econo Lube is a 5-lot commercial/residential subdivision on 8.527-acres ~ he a ulc ant is also proposed to be for residential uses that will be subdivided in the future). T pp requesting, conditional approval use to construct. an Econo Lube N',; Tune facility and a Schucks Auto Store, and rezone from RT to C-G and-R-2 for the southern lot. The site is located on the south side of Fairview Avenue approximately 1,000-feet east of Locust Grove Road. This development is estimated to,~enerate 350 (north' portion only) additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Fairview Avenue Wilson Lane AGHD Commission Date -September 10, 1997 - 12:00 p.m. -mss ~ ---•t •. . •.~ • Q w e ~ e • ~ = ~ ~ e O e s e ~ ~ ~ • e • e i „ s • • • • n e ~ . • , r w • • ~ e ~ .n ~ ~ 3 , a • e e M 3 w o y ,y ~ ~ ~ ~~d .r, ~ ~ /, o ~ v .~ c C ~` O Q O V u W e ~~. v, V b I I ~! ^~ `I ^ ~ I l1 ~ ;~ r~ jj ~I~ ~f .~ F l7 L7 l7 bl .. ~ O h , - -- '-~` ~1~ - n n w ~ " ~ ~ ^y ~fll ~" 3 : ~ ~ ~~ ' ~ ~ a ~ ~ l Qh ~ ~ 3~ ~' 3 i ~ o ; ~ ~ g ~ ~ ~ ~ ~ ! ro ~~ ~ ~ ~ 8 ~ d Y" ~ ~ ~; ~ g ~ ~ ~ ~ ~ C ~ ~ ~ O • O I s-e ~ $, ~-' o ~-e n~~ ~ ~ ~s -~-~-- ~ N ~ a S s ~F~ yyi: C~e3 8~: h m ~ ~ P ~• - 8 ~,b W E ~ ~~~. W ~ ~ 8 ~ 3 ~ ~ 7 ~ av ~ L S ~ q 2 ¢ o ~ o ~~y p R W 2 ~«~ a ~ x r~` - } c ~ w ~Y+ yy V t ~ ~ " ~ 0 iW~~ "y ' ~ y J y, ~C ~ z ~ ~~ ~ ~~`,:. a ~ y o SY __aag O T ~ 3~~°~ & ~. oe 88 ~~ i J s _ y ~ " d~Y~g~E~ ~ 1 :.` DIY k~S3 ~e59 ~~ W ~~~~~~~ ~ ~ ~ ~ v ~ ~ ~O O ; n O-t: ~, +~e° -r Oy ~~ ~ ~ $ e O • O m~~~ ~QOCa 41 e'N o.F 1 e~ ~ o,~~. ~e~ c?Oaj b~', ~ ~ oy.o ~ O~ ~~ y d i ~i..T ~~ 1 y 4 O a°~oy,°.o OOsn a..2~m 0 ~ e n °K ~". ~0~.°. lp e e ~ C0.•-O~. O N 0 ^^ PN V 2 3 Q .£9'ZS9'Z 3 .9/.65.68 S - anuany as/nr/n,,~ /sn3 ~s iavseri so Sam switsix~ ~- _ ~~ .S9'96Z 3.95.t£.68 S a - ~,. pv xa~ ae•si~ oe si I I I I I II ~ I srn~ .. ~ .~fllr« ~'^.a I ~ 1 I I ~/ ~ e R ~ I~ I g ESQ ~ ~~ ~o~ .$y Ile J ,~, jG~ ~ g= o s~ --"< 8 `_ ~ e; ~ ~. '~~+~oi-~ _ _ 3NY7 NOS7/M '3 , ~ +o.~0 1VJVA~AVM-jO-lF/0/b 100j-Of ~~ ,~ $~ ~ 8 _~~'d "'_.59'96Z M. 91.65 68 N ~~ -. ` ~ _ .e3enr.-e.-noe-ass- NOISI~I /08nS .(377V~1 1Nf/Sb'37d_l X0078 L 107 _~. - - - Z O ~ ~ ~ O ~ J ~ h ~ a ~ J ~, J y b ~ O ~ h aeq~ 3 ~+ Y o O -d' O J d4 ~ ~ O IIuII J tl ~Ingtlll X$ _ s ~ IIuI~I~ 14^ vJ M 1v^, RECE ~yED AUG 2 6 1987 ACHD PLAN/DEV SVCS ~ ~~ ~~ ~ ~~ _ _____ ~~ ~~ . ~~ ~~~• __' D~1OiNQ1 Q !GRIM 11 Q Y1L10N Llri ~- _ ___~~.wr I I I LOT ~~ccLte c,-eLro+r I ~eRn Lr e~ 4' LMIp6GAI'L OLTDIGK ~^„a ~=RnrLNetn ,IGM I ~ ~ U~ ~ ~ ~ m i+ m 9~ ~ o ~ [-~i ~ iI m u z~ ;~ meMi ~~~' a ~M w a~a ~~ w~ a~ .............I, FAFiVIEW AVEMJE e ~~ (~ SITE PLAN SCALE. ~••~m~-~• Facts and Findings: A General Information Owner -Lawrence and Lois Tuckness Applicant - Econo Lube N' Tune Inc. RT -Existing zoning C-G -Requested zoning for the commercial lots R_2 -Requested for the residential lot 8.527 -Acres p 5 -Proposed building lots 4-commercial lots 1-residential lot 9,750 -Total square feet ©f proposed building 250 -Total lineal feet of proposed public streets 270 -Traffic AnalysisZone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Fairview Avenue Principal arterial with bike route designation Traffic count ?6,008 on 8/13/96 (west of Locust Grove Road) 250-feet of frontage 90-feet existing right-of- f a`vy (30 4-feet from centerl ne) n line) 108-feet required right o y ( Fairview Avenue is improved with 80-feet of pavement with no curb, gutter or sidewalk on the south side. Wilson Lane Commercial street with no pathway designation No traffic count available 250-feet of frontage No existing right-of-way 58-feet required right-of--way Wilson Lane has been constructed to 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 constructed through this site. B, Utility street cuts in new pavement less than five year ces at 345 7667 (with file numbers) for in writing by the District. Contact Construction Serve details. ECONO.COM Page 2 C. Wilson Lane is an east west road located approximately° 450-feet south of Fairview Avenue and currently terminates at the applicant's west property line. Staff recommends that the applicant be required to extend Wilson Lane to their east boundary as on 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 58-feet of right-of-~vay. When the residential lot, which is apart of this application, redevelops the o~~~ner of that parcel will be required to complete the improvements to Wilson Lane. Coordinate the improvements to Wilson Lane with District staff. D. Staff recommends that the applicant be required to provide a turnaround at the to Wilson Lane abutting the east property line. The District will consider alternatives outhef standard turnaround on a case-by-case basis. This will be based on turning 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. E. The applicant is proposing to construct a shared driveway on Fairview Avenue, located approximately 110-feet east of the west property line. There is an existing driveway/private road (Dixie. Lane) on the north side of Fairview Avenue located approximately 50-feet east of the applicant's west property line. This driveway serves the commercial subdivision (Avest Subdivision) to the north. The applicant's proposed driveway will not meet the District required 150-foot offset from the driveway on the north side of Fairview Avenue. Staff recommends that the applicant ve required to construct a driveway on Fairview Avenue in alignment with Dixie Lane (Pvt.), located approximately 50-feet east of the west property line. F• The side has 250-feet of frontage 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 northern lots should utilize the one driveway on Fairview Avenue and access to Wilson Lane. The southern residential lot will have access to Wilson Lane when if redevelops. G. District policy requires that applicant to construct a 5-foot wide detached concrete sidewalk on Fairview Avenue abutting the parcel (approximately 250-feet) prior to issuance of any required permits or District approval of a final plat, whichever occurs first. II. District policy states that direct access to arterials and collectors is normally restricted and that the developer shall try to use combined access points. In accordance with District policy the applicant should be required to provide a recorded cross access easement among all internal lots to use the proposed driveway for access to the public streets prior to issuance of a building permit (or other required permits). I. 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 ECONO.COM Page 3 • beyond the edge of pavement of Fairview Avenue and. Wilson Lane. and install avement tapers with 15-foot radii abutting the existing roadway edge.. 1. In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. g. As required by District policy, restrictions on the± width, number'and locations of driveways, may be placed on future development of this parcel The existing transportation system will be adequate to accommodate the ad~n ~S re olrt. L. generated by this proposed development with the requirements outlined wi The following requireme~its are provided. as conditions for approval: Site Specific Requirements:. , 1. Dedicate 54-feet of right-of-way from the centerline of Fairview Avevn man u deed prior to 1 by means of recordation of a final subdivision plat or exe wh~ Never occurs f st. The owner issuance of a building perniit (or other required permits), will be compensated for this additional right-of--way from ddrtional right of-way,vthe owner this benefit zone. If the owner wishes to bep aid for the p round, must submit a letter of application to the im act fee administrator rior to breaking g in accordance with Section 15 of ACRD Ordinance #188. 2. Dedicate 58-feet of right-of--way from the centerlinexecution of a warranty deedeprior t by means of recordation of a final subdivision plat or issuance of a building permit (or other required permits), whichever occurs first. The owner will nit be compensated for this additional right-of-way. 3. Extend Wilson Lane to the east boundary of the site ad 5-footles de concrete sidewalk (on the plus 12-additional feet of paving with curb, gutter, an north side only) within 58-feet of right-of--way. When Abe re Hired t ocompl elthe art of this application, redevelops the owner of that parcel wi q improvements to Wilson Lane. Coordinate the improvements to Wilson Lane with District staff. 4. Provide a turnaround at the terminus of Wilson Lanrnabound on a case by case basis. This District will consider alternatives to the standard to will be based on turning area, drainage, maintenance co elo ment is locateld. Submit a des gn of the emergency fire service for the area where the de p of the turnaround for review and approval by District staff. ECONO.COM Page 4 5• Construct a 30-to 36-foot wide driveway with 15-foot radii pavement tapers on Fairview Avenue in alignment with Dixie Lane (Pvt.), located approximately.50-feet east of the west property line. 6. Construct a 5-foot wide detached concrete sidewalk on Fairview Avenue abuttin (approximatel 250-feet g the parcel Y prior to issuance of any required permits or District approval of a final plat, whichever occurs first. 7. Provide a recorded cross access easement among Lots 1-4, Block 1 to use the ro osed driveway for access to Fairview Avenue prior to issuance of a building permit (o other required permits). $. Pave all driveways at least 30-feet beyond the edge of pavement of Fairview Avenue an Wilson Lane and install pavement tapers with 15-foot radii abutting the existing roadway edge. 9• As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 10. Other than the access point(s) specifically approved with this application, direct lot or arcel access to Fairview Avenue is prohibited. Lot access restrictions, as required with thisp application, shall<be'stated on the final plat. Standard Requirements: 1 • A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Development Services Supervisor. The reauest shall specifically identi , each requirement to be reconsidered any ;,,..~„,~o ....._.~__ ACHD Commis ion action Those items shall be rescheduled lfor discu s ion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the 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. 2 • After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two weeks of the action and shall include a minimum fee of $110.00. The reauect for recomiderar;~„ ~~„~, specifically identify each reauirement to be r con id rP """ d and include written c i ~*a*:^r Qf data that was not available to the m_ i c~nn at he time fit original de_ c_~n The ECONO.COM Page 5 ~ ~ a request for reconsideration will be heard by the District Commission ahtha tiQn, theuapplicant meeting of the Commission. If the Commission agrees to reconsider.. t will be notified of the date and time of the Commission meeting at which he reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to Hl hw c District1Road Impact accordance with Ordinance #188, also known as Ada County g Y Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County ion Serviceistrict Policy Manual, ISPWC Standards and approved supplements, Constru procedures and all applicable ACHD Ordinances unless specifically waived herein. 5, The applicant shall submit revised' plans for staff rapes an ~ retuuedtdes'gn cha gesding permit (or other required permits), wluch mcorpo Y q Construction, use and property development shall be in conformance withal forolccu ancy. 6. requirements of the Ada County. Highway District prior to District approv ~ . No change in the terms and conditions of this approval sh orized relr esentativle and an writing and signed by the applicant or the applicant s auth P authorized, representative of the Ada County Highway D om the Ada County Highwaypon the applicant to obtain written confirmation of any change f District. which is the subject of this g. Any change by the applicant in the planned use of the property 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 o res uemen~s or otherhlegal relief s of the subject property unless awaiver/variance of said q granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: 1. ACHD requirements are intended to assure that the pTOa otTans sortation system within tpeace an undue burden on the existing vehicular and pede P vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Date of Cor^m~~~'"n °ction• SubSubbmitted by: r1PVa1"nment Services Staff ECONO.COM Page 6 CENTRAL CEN ~~ DISTRICT~H WHEAL NT DEPARTME Rezone # DISTRICT HEALTH DI Environmental Health Division ENT ?~C~F_~~~~t turn to: Boise O C T 1 5 1997 ~ Eagle ~,~~.~,, ~, +:kRI01~r ~] Garden City Meridian Kuna C itional Use # ~j~o ~~~ ~- Sv~~/c//S/J~1 ~ ACZ Preliminary / final /Short Plat 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. S. Before we can comment concerning individual sewage fire flow characteristcsire more data concerning the depth of: ^ high seasonal ground water ^ other ^ or bedrock from original grade ^ (,, 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. g, After written approval from appropriate entities are submitted, we cancapmmune twlater well al for: communi sewage system ^ ~' ~ central sewage ^ tY ^ 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: communi water ,¢~central sewage ^ community sewage system ^ ~ ^ 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: child care center ^ food establishment ^ swimming pools or spas ^ ^ beverage establishment ^ grocery store / od 77iYy / raI's /,.iG~S Date: ~l ~fO I ~~-~=°rzE ,(~ /sc~ ~ 1 N 7a ~ c Sv ~'v rt~iKE _ Reviewed By: Review Sheet fDHD 10/91 r~, rev.1/97 • Thom and Barbara Myall 6227 Marlborough Dr. Goleta, CA 93117-1637 TBMyall @ aol. com 805-683-1771 September 4, 1997 City of Meridian Planning and Zoning Commission 33 East Idaho St. Meridian, ID 83462 • ~REcE1~EC~ SEP 0 5 1997 CITYOF +YIERIDIAN FAX TRANSMITTAL Ro~Pp~- ,3 5 fiom .r ~Jyi~LL_ DaptlAyency Phens B "US GC.• ~ Z 7 TI p~u ~'ZuN ~J Fex o .~C1~3, ~Fj? ~~ ~ Fax n80 S ~~'~ Z 7~7_ Dear Commissioners: 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 behalf of Econo Lube N'Tune Inc, for annexati S T. N? R!1 E.~B M r Ada County, Idaho, ~sfer ed~o asd in the W 1/2 of the NW 1/4 of Section , 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 hand requested to be Zoned R-2. T se the waterW We see no plan forp p ng of th~s water in the those of us that still need and u EconoLube subdivision. 8056812?9? PAGE.01 SEP 05 '9? 08=21 tion Waste Wager System car in waste Item 3 - I raga The irrigation waste water system ~ the land. aThis amountof was e~r gation water needs irrigation water from 52 acres east 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 of Wilson Lane was a moist where this was not taken into account until the construction completed. Item 4 -Wilson Lane road runoff water Currently all road runoff from Wilson Lane run ffawhve 9ro the fu ure~ cou d5beecarrying domestic well. The additional road water runo , 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, ~ ~ ~a~~ ~ ~~~~ ~-~ ~. Barbara C. Myall Thom Mya cc: Dan Steenson, Ringert & Clark, Chartered Lawyers ACHD, Larry Sale Patrick McKeegan Architects 8056812?97 PAGE.02 SEP 05 '9? 08 21 eP_ - - tion System -Pleasant Va11ey Subdivi• ~ots 1 _ 20 As of 1959 Fairview (Old Highway 30 1 K L • 1 0 t u S t W rlsun L~~e G ~~ r 0 u i ~n t ~ Irrlgatlon dellver~Y Settles Ditch ~~~.nnn Jackson Draln ~~,~ Irrigation Waste WaterPickup O Irrigotlon Delivery Valve Valve to North side ofFalrview t 1 1 ~ * 11 1 ll 8056812797 PAGE.03 SEP 05 '97 08 22 • ~ * ~ ~~ ~ ~~ ~ji y~,,~~ ~jN/. 5505 W. Franklin Road • Boise, Idaho 83705-1055 To: William G. Berg, Jr. City Clerk REGE~vE~ City of Meridian SEP Q 5 1997 Facsimile: 887-4813 Bruce Freckleton C~ QF ~~~~~AN Assistant to the City Engineer City of Meridian Voice: 887-2211 Facsimile: 887-1297 From: Joe Canning, PE/LS ~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: Annexat/on & 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 Pne/imtnary P/at & Conditions/ 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 Specific Comments: 1. No Comment r • 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 e. 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 ~~. ~ • Meridian Planning & Z~g Commission September 9, 1997 Page 30 Johnson: Thank you, this is a public hearing, is there anyone from the puo~ti staff? Any like to address the Commission on this application? Any comments f 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 lawtfor thetannexat on hand'zoningrof th s draw up findings of fact and conclusions of agenda item. MacCoy: Second Johnson: We have a motion and a second to have the City Attorney 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 ANCELIM~I S OF OCUS TGROVE, LUBE SUBDIVISION BY ECONO LUBE N TUNE SOUTH SIDE OF E. FAIRVIEW: Johnson: 1 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: I 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 ~nrere 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 & Zd~g Commission • September 9, 1997 Page 31 Fitzgerald: Not really, that is what in terms of the public hearing on the preliminary plat you can bring that up and discuss that and when you move it on when you do finally act you can add that to your motion to the city Council as part of your recommendation. Smith: From the standpoint of the property subdivision the items that you have asked us to take a look at will not be affected by that, will not affect the property subdivision as we have it shown. Schucks and Econo Lube are going to be essentially splitting that lots 1 and 2 into equal portions. Econo Lube will have the easterly half to work with and Schucks will have the westerly half to work with and the common access drive is going to be on that line. So that will be working with those pieces on their individual lots. Johnson: In the absence of any additional public testimony at this point I don't see where that is a big issue. If that were to be changed if they did a redesign we could incorporate that into the comments and move it onto City Council level. Borup: Excuse me Mr. Chairman, I think probably Commissioner Smith's comments apply to item 14. Johnson: Which is the conditional use permit itself which we will take up next. Smith: I guess we are just approving the property (inaudible) ficant that would like to also have Johnson: Is there anyone else representing the app anyone else that would like their testimony incorporated? This is a public hearing also, to comment on the preliminary plat? Any other questions or discussion? Seeing no one then I will close this public hearing. Smith: Mr. Chairman I would like to make a motion that we table this item pending approval of annexation and zoning to October 14, next Planning and Zoning Commission meeting. MacCoy: Second Johnson: A motion and a second to table itemd#13 until October 14~', our next regularly scheduled meeting, all those in favor . Oppose MOTION CARRIED: All Yea ITEM #14: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF ECONO LUBE N TUNE AUTOMOBILE MPARTSNSTORE BDY LIGHT REPAIR FACILITY AND SCHUCK'S ECONO LURE N'TUNE INC. -EAST OF LOCUST GROVE, SOUTH SIDE OF E. FAIRVIEW: • MERIDIAN PLANNING & ZONING COMMISSION MEETING: Se tember 9 1997 AGENDA ITEM NUMBER: 13 APPLICANT: ECONO LOBE NTUNE~C REQUEST: PUBLIC HEARING REQUEST FOR A PRELIMINARY PLAT FOR ECONO LURE SUBpIVIS10N COMMENTS AGENCY P CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian.