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Smith's Food and Drug Center RZ
WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~ COUNCIL MEMBERS HUB OF TREASURE VALLEY A Good Place to Live RONALD R. TOLSMA MAX YERRINGTON ERIDIAN CITY OF M WABT W. MORROW 33 EAST IDAHO P & Z COMMISSION MERIDIAN, IDAHO 83642 JIM JOHNSON, Chairman Phone (208) 888-4433 • FAX (208) 887-4813 MOE ALIDJANI Public WorksBuilding Department (208) 887-2211 JIM SHEARER Motor Vehicle/Drivers License (208) 888-4443 CHARLIE ROUNTREE TIM HEPPER GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8<Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: January 2,, 1996 TRANSMITTAL DATE: 12/18/95 HEARING DATE: 1/9/96 REQUEST: Rezone of 8.34 acres to C-N BY: Smith's Food and Drug Center, Inc LOCATION OF PROPERTY OR PROJECT: North of Cherry Lane and West of Linder JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C ^CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C -WATER DEPARTMENT -SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: APPLICATION FOR REZONE MERIDIAN PLANNING ~ ZONING COMMISSION Filing Information I. GENERAL INFORMATION SMITH'S FOOD AND DRUG CENTERS, INC. (Proposed Name) Northwest corner of Cherry Lane and Linder Road (General Location) Attached (Legal Description -Attach if lengthy) James Huarte 3940 Rock Hill Road. Shingle Springs. CA 95682 X916,)368-6910 (Owners of Record) Name, Address, Telephone Number Richard and Vicki Baer 1655 N. Linder Road. Meridian. Idaho 83642 (208)888-9176 (Owners of Record) Name, Address, Telephone Number Dorothy Manning 6308 Colonial Drive. Boise. Idaho 83709 (2081375-0207 (Owners of Record) Name, Address, Telephone Number SMITH'S FOOD AND DRUG CENTERS. INC. (801)974-1400 (Applicant) Name, Telephone Number 1550 S. Redwood Road. Salt Lake City. Utah 84104 (Address) Hubble Engineering. Inc. (2081322-8992 (Engineer, Surveyor, Planner) Name, Telephone Number 9550 Bethel Court. Boise. Idaho 83709 (Address) Meridian City (Jurisdictions Requiring Approval) Request Change of Zone from R--1 and L-0 to C-N Neighborhood Business District (Accepted By) (Fee) ~`'~v 9~ HUBBLE~IGINEERING, INC. ~ `9 y 9550 Bethel Court • Boise, Idaho 83709 208/322$992 ^ Fax 208/378.0329 Project No. 95187-01 December 14, 1995 SMITH'S #129 REZONE A parcel of land lying in a portion of the Southeast quarter of Section 2, T.3N., R.1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the section corner common to Sections 1, 12 and 11, and the said Section 2; thence North 89°33'46" West for a distance of 584.90 feet along the Southerly boundary of the said Southeast quarter of Section 2, which is also the centerline of West Cherry Lane, to a point; thence North 00°26'14" East for a distance of 622.29 feet to a point on the centerline of Kastle Falls Avenue; thence South 89°33'46" East for a distance of 583.08 feet along said centerline extended to the centerline of North Linder Road; thence South 00°16'08" West for a distance of 622.29 feet along the said centerline of North Linder Road to the Point of Beginning. Contains 8.34 acres, more or less. Prepared by: NUBBLE ENGINEERING, INC. ~4~~ ~~S ~@, O a 4997 7D 'rF aF `oP- \~ R. ~% Todd R. Waite, P.L.S. TRW/bh/1085.des DEC-14-1995 13 C~ AFFIDAVIT ~F LEGAL tI~ITEREST 1, ~ NHS Hua /17'f ~ cf o ~ c C k- yi c c. f2 y -- (N~) (Address) f'f1/ N6 c ~ SO~i k~ s 6~t•~ / •{ , bei11~ fl1'St duly sworn upon oath, (~jty) (State) ~.r'68t-- depose and say: l , That 1 am the record owner of property bated at the Northwest c+arrter of Linder Road and Chevy Lane 1n Meridian, Idaho, and 1 grant my penmisslon to: w~gt6_ /~/Y~/IyEf/..i,c~6 fem. 9S~° i3F rhr~G @-T ,~a/,fE , ~a ho (Name) (Address) ~3 ~ ~ ~ to submit the eccomparyying appticatlon pertaining to that property. 2, l agree to indemnify, defend and hold the Chy of Meridian and h's employees harmleu from any Jahn or liability resulting from any disiwte as ifl the statements contained herein or as oo the ovmeRhlp of the property whkh is the sutriect of the appikatrort. Dated this ~ day of ~ Gf f'J /j ~ 2 , l 9 ~. ~~ (S'~natwe) SUBSCRIBED AND SWQ1i1V to before me tfie da and year first above written. GABRIEI E. GENpRON -- coma. ~ ~oz6e» ~ otary Public ~v.~ ~~~ ~~ No~- Fubsc - coBtar~a Residing at x~is7c!a~'c --- SA,CRAMENI'A C()t1NiY My comm. Expiea MAY 8.1498 My Commission Expires: S- ~ 5' - TOTAL P.02 TOTAL P.02 • • "' ~`~ RUBBLE ENGINEERING, INC. < y 9550 Bethel Court ^ Boise, Idaho 83709 2081322-8992 ^ Fax 208/378-0329 9y0 SURVEy~P December 15, 1995 TO: MERIDIAN CITY PLANNING AND ZONING COMMISSION FROM: MICHAEL D. WARDLE RE: REZONE APPLICATION FOR SMITH'S FOODS On behalf of Smith's Food and Drug Centers, Inc., we are submitting an application for a change of zone to allow construction of a Smith's store to serve the western neighborhoods of Meridian. As a result of our research of the Meridian Zoning Ordinance, and verification that the Albertson's store was considered to be a "permitted use" in the C-N zone one mile to the west, no conditional use application is being submitted in conjunction with the rezone. LOCATION. Northwest corner of Cherry Lane and Linder Road intersection. PARCEL SIZE. 7.24 acres (8.34 ac. for rezone to street centerline/section lines.) CURRENT ZONES. R-4, Low Density Residential and L-O, Limited Office. PROPOSED ZONE. C-N, Neighborhood Business. PRESENT LAND USE. There are two dwelling at the corner--one owner-occupied, the other a rental. The balance of the property is vacant, formerly proposed to be an extension of Valeri Place Subdivision. SURROUNDING LAND USE. - North--Glennfield Manor Subdivision - West--Valeri Place No. 1 Subdivision - South--Neighborhood Business (C-N) zone with three developed parcels, including a Domino's Pizza, car wash and Maverik Convenience Store - East--Meridian Assembly of God Church, vacant land and three single family homes fronting Cherry Lane: - Southeast--C-N and R-8 zoning but undeveloped. • • PROPOSAL. Construction of a 60,000 sq. ft., front-loading food and drug store on a 7.24 acre parcel. Proposed Buffers • North--A row of single family lots on an extension of Kastle Falls Way to buffer the existing homes in Glennfield Manor Subdivision. The 25 foot setback at the rear of the store facing the new residences will be intensely landscaped with only wall mounted, down-cast security lighting. There is no service access at the rear of the store. West--Two options are possible. The first is to develop the culdesac proposed in the subdivision preliminary plat. The other is to provide the 2.69 acre parcel for a public city park. Smith's will discuss these options with the city to determine the feasibility of the park. Frontage of both Cherry Lane and Linder Road will be bermed and extensively landscaped. DESIRABILITY OF PROJECT. Meridian has been one of the area's fastest growing communities. Until recently, the bulk of that growth has been residential. Commercial development is fast developing to catch up with the existing and projected population. Most of that commercial growth, however, is on the easterly and southerly edges of town. The westerly portion of Meridian does not currently benefit from those services, necessitatating trips outside of the neighborhood into the more heavily trafficked areas of Meridian. A traffic study of the proposed project has been prepared by Bell-Walker Engineers and submitted with this application and to ACHD for review. The subject location is in transition with new commercial uses to the south. The other quadrants of the intersection remain undeveloped and almost certainly will be presented to the City in the future for non-residential development. COMPREHENSIVE PLAN. The proposed Smith's store site lies within the "existing urban" land use designation of the Meridian Comprehensive Plan. [As does the proposed Albertson 's Store one mile to the west at Ten Mile and Cherry Lane.] The proposal addresses Comprehensive Plan policies: Commercial Policies "Neighborhood shopping centers...for convenience shopping services." (4.1, P. 2~ Location near, or at intersection of collectors and/or arterials. (4.2. a, P. 2~ 2 • • Locate neighborhood centers on arterials or collectors near residential in such a way to complement but not conflict with adjoining residential areas. (4.4U, P. 2~ Park Acquisition Goal "Provide `change-of--pace' recreation...where open space is scarce and standard size parks are difficult to obtain." (2.2, P. 60) Note: This relates to the possible dedication by Smith's of the 2.69 acre site west of the store to the city as a small park and buffer to the residential area. Landscaped set backs (4.4U, P. 73) Visual quality enhancement (5.2U, P. 73) Entrance corridor goal • "...clustered, landscaped business or residential development on entrance corridors" (4.3 U, P. 73) PROCESS. Smith's representatives met in preapplication discussions with Meridian City Planning and Engineering staff on October 18, 1995. Concepts for the project were discussed along with site- specific and utility issues. A neighborhood meeting was held on November 9, 1995, at the Meridian Assembly of God Church. Some 80 area residents attended to express both opposition and support as well as to ask questions. CONCLUSION. Smith's application is directly comparable to Albertson's proposed store one mile west. Location issues, buffering, zoning--all the same. The question is whether the city will, under the same circumstances, allow the competitive opportunity to Smith's to serve Meridian residents. The proposal falls within Comprehensive Plan guidelines for "Neighborhood convenience shopping center" defined as having between 30 - 100,000 square feet and three to eight acres. And it can comply with the other noted policy issues for visual, location and buffering impacts. AGREEMENT TO POST. The applicant or representative will post the property at least one week prior to the scheduled hearing. /1~t~c Cam, ~ • ~2J~7~1'zb[,r= x ~ o ~ s r9 t ~ l~~e~ ~I;li~ ~~fi -- - -Q-----------------•------------- --4~ • . 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' 't _ iii?~ !'+' I ~~" i N 11 '~i~.. ,v arsv~• t r ' i Iy yII, i ~~`R .t - ti I 'I I IN jl~ I '!I jl ~ ........ . j I i~ ~- I~l~'j!!il ;j ~' ~i I iI ' a~-- II i !I ~ it I I , I L---~-- a ®'• jlj'~ ~~ ~ it I I Q I I ~ ~~ I I~~'~ '! ~ I I Is I I ~ ~ @i II 1;41 ~I, I \ ~ I I I '' I~Ij !~ ~ ~ I-~ j Q ° or- --- - i I I I I I Q I' j 'i I I I ~------ . iii: =M .... i~, 1+'+lii~\~., I ' I I I I I ------ ' C1 '; ~ ~ I I II N :: s ~ -_ -•, „.~-... v.~~". ~. .~:~. ~ . . .. ~ ,. I ' ... .. I• _- I JAI ~ ; r ~~;~ ~ ~~ ~~ ~' ~ ~ ~. i° ~ ~~ ~x~~~ 4 ~~ ~Qd ~ N 1~~~?~ ~ ~ ....o. ~.~~r~ -----------«-------------~- ------------- ----~•- -~~-~ ,,,.. - -------~----- ~ .~~, u,,., ------ ----- - - - --- -- - ~ y - -- - -- -- - ~ ---- - ~ ~ ~ ~~ ~ ~ p ;i • AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss. COUNTY OF ADA ) 1, ~6d'~N h. ~G~nNtH ~ t7~~~ ~-~+C.~'~1~/lGJ Name) (Address) -~`~`~E'~ ~ ~ ~-~~ ,being first duly sworn upon oath, (City) (State) depose and say: 1. That I am the record owner of property located at the Northwest corner of Linder Road and Cherry Lane in Meridian, Idaho, and I grant my permission to: S.r,;1~'s ~~a c~,a 0 ~~ 15so S . R~~) (~, S(.c, ca.T (Name) (Address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this ~ ~ day of +~.~C~c~~ J~~' , 19 ~. 0 (Signs re) SUBSCRIBED AND SWORN to before me the day and year first above written. Notary Public for Idaho " Residing at ~ T~ My Commission Expires: ~u c.~ Z~c~ • AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss. COUNTY OF ADA ) 1, (Name) R;G~~.a ~. ~.~~ 16ss L~~a~ (Address) i"~n~r~~~c-~ ~ c~~.~,c ,being first duly sworn upon oath, (City) (State) depose and say: 1. That 1 am the record owner of property located at the Northwest corner of Linder Road and Cherry Lane in Meridian, Idaho, and 1 grant my permission to: ~::C~s F~ ~-.~ tJ,ru~, ISSo 5. (~;~.,ao~ ~. ~5LG uT' (Name) (Address) to submit the accompanying application pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this ~y day of Q~c c~.~-.~~ , 19 ~ S _ G~ (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. Q Notary Public for daho Residing at ~j6ic~ ,.~... ~ My Commission Expires: !y ~e 2e~1 Q i_ J ~L Q Z P P ~ ~ ~ W ~~~ ~ ~_ C Z U _ -- J -~';~~ ~8 J D V I I ' Z p ~ ~_ .!~ 1 1 ~ 8 r s o H oC _- -- --~~!i~ DEC-15-1995 16 27 Post-its' Fax Note 7671 ,- PIONEER TITLE ~a pages 8 1~:~~VUU;vf; for value received, KJIBTLE pALLB SUBDIVISION LIMITED PAJtTNQRBNIP, also known as Kastle Palls Lisited Partnership, an Idaho limited partnership, the "Grantor," hereby grants and canvmys unto JANEB MUARTE, the MGrantee,w whore complete mailing address for purposes of this Deed is c/o .john F. Kurtz, Jr., Haw2~y Trox.ll Ennir i Hawley, p.o. Box 1617, Boise, Idaho 83701, the following described real property oP the Grantor located in 1-da County, Idaho, to wit: .. _ .. Described on EXHIBIT A attached hereto and ~ ,.• 1 made a part hereof. 9~a~1~ Together with all improvements and fixtures thereon and all easements, rights of ways, r rights and privileges belonging to, or with, r~~ leading to, connected with or usually had or ~~~ /~~~~~ enjoyed in connection with the said premised~??~_,. ~ or any part thereof, and all and singular th+~ ~~-• ~' ~ ~~ tenements, hpreditaments and appurtenances /,(~Oo ~~ thereunto belonging or in any wise '=• (~~ appertaining, and the rents, issues and ~'Et~'•°-- • ~ _~: t~r• profits thereof hereinafter referred to as the "Subject Property." TO HAVE AND To HOLD, unto the said Grantee, his heirs, devisees, personal representatives, successors and assigns, forever. This Deed is given pursuant to that certain stipulation and Cohs~:nt to the Entry of Judgment and Deed in Lieu cF Foreclosure By and Between Defendant/Counterclaimant/Cross- Claimant James Huarte and Defendant/Cross-Defendant Kastle Falls Subdivision Limited Partnership in lieu of completion of a DEED IN LIEU C)F FOe~"CLOSURE - 1 DEC 15 '95 16 26 .,.~~.r..wn.....o ~ w PAGE.01 DEC-15-1995 16 28 PIONEER TITLE i!~;i~000~~~y par~dinq toreoiosusr of oranlao'• tarot aostgage or dseo of trust iiena (poroinattor called •oortgago lleru•) ~ tarot security intereeb in aAd to the A~:bieat Property vhiab are rsterre0 to !n that certain Je~dq~snt and Dsaree of Foreclosure and O~cder at eale dated lfay 9, iP9s at14 rsoords0 on Nay 19, ls9s as Instrvssnt Mo. 9Soi~oi7 ie~ tba Ottiee of the Recorder of Jba County, idsho (bereinattar wiled orantee's •judgssnt ilen• or •judgsent*)j prayided, bovwer, that arantee~s ~udgssnt lien and said srortgage li~uss and security intorssta and the obligations secured thereby shall be dssssd not to wave rrgsd into this Deed, but shall survive the aYecution, delivery and recording of this peed, and Grantee e~cpressly reserves and retains his assigro~ent of rents, issues and profits of the subject Property and the priority vt his said liens snd security interests in snd to the Subject Propert;i for the purpose of protecti~q Grantee against any third- party liens, interests or ciails (including clams of prstsrsncs in banksuptcy), known or un~a~ovn, disclosed or undisclosed, liquidated os unliquidated, of rbataver kind or nature, in or to the subject Property or any part thereof. Grantor doss hereby waive, surrender, relinquish, transfer and convey unto Grantee, and his succe^.ors and assigns, Grantor's equity of redesption, statutosy right of redeaption or right to curs any default or dstaults existing with respect to said judc~snt lien or sortgage liens and security interosts or the obligations recured thereby in relation to tho Subject Property . nBE~ iN I.TEQ OF !'ORECLOSURE - a •.r..r..~r. w DEC 15 '95 16 26 PAGE.02 DEC-15-1995 16 28 PIONEER TITLE ~~JJ~QOS~~ Pooaesalon o! tlfe Subject Propsrty is beraby and dalivueod to OzantN coincident ~itD ttu delivrary of t'sts 1~sO. 'lAi~ Dosed oo~nstitul~a an ab~oluq and unconditional fs~tt aM oaiw~s~so~e of all o! Orantor~• right, title, clai~a and Lt,~sMet !~ aa+s w tRe tubjoot property, and not a security erar~ et eay R1uO or wtwn. it to ox~swelY covenanted and agreed by and between tAs pat't.lN fwMa t~Aat by •ooptinq delivrry o! this Dead, Osswsae •qee -wot relwre orant ~r tres liability for the ieF141rnaY ~vO~ent, eoain~t Grantor on account of the obligation ..ld.wvrd er ..oas~eO br eaid iudgaent lien, sortgage liens or sao~r~~T iptasrste pao~-ided for in the Stipulation, nacept as otaea~riee exps~aselY provided for in said stipulation. It is farces: and~eretavd :Rat arantoo does not assuae any liability a:isinv out o[ or in oannsotion with the ownership or use o! the tue~sct Property by the Grantor or it« predecessors in interest. IM MITMS'88 M~Ot the Grantor has duly executed this instruswnt effective as o! July, 1995. 1U18TLS PALL4 SiJBDIVISION LDlITBD P]-RTNERSI~P (also known as (Castle Falls Liaited Partnership), an Idaho liAited partnership Hy J. Gibson i Associates, In Gsner artner Hy: ~ Jack ilfson" Its esident DEED =N LIEU OF FORECIASURI: - 3 ~~~~~ ~~ DEC 15 '95 16 27 PAGE.03 DEC-15-1995 16 28 PIONEER TITLE 1y:~9000i59 sT~-re or tw-~w ) ~~. County of Ada ) pn tbi t day o! July, 1995, baton M. .. , a 1lotary Subl to L aaA tat salt 8tste, rsona ly ~appaared J11Cx OtSdON, !t=~~ Ot lbrtwtitlM !~ r to be the pr•sid•nt of J. Gibson i Jlssvcist•s, Ipo., sa tWe ` corporation, the General Partner of KSatii IhiL ~Ot~islOM `~ LIIQTBD PhRTNBASHIP, also lufowrl ~-s l4stle -alt• bialtM Partnership, an Idaho lisited partnarsAiP, awr tae oasss* y! subscribed said partnexship nsae to tM tospoiw4 !wore ~r ~ - ~ - Pr•aldant of said corporate gerNral pa~rtne:, and oahswl~~l fiat w • ~ se that ha thereby executed the saga !n tlfe twe st w l~- ~ ~~ r pastnessAip. 'r ., • ._ IN WITNESS UiHERbOI, Y haw Aerrwsto MR b •wt M•/ .' ; .,' attixed ny o!licisl real the day aid rear !w v[a eretttts~~ ~ +1 first above written. ~`' f ^; r..____ Q ~' ti ~~..- .. . R•w <li~sq •t ~~~ -- DEED IN ISEU OF FORECLOSURE - 4 DEC 15 '95 16 27 MM^a~r.~...~a PAGE.04 DEC-15-1995 15~~~~Q PEIA~E I LOT 1 tN L K 1 LOTS t, 2, 4, 5, 6, 8, 10, 1 t, 12, 15, 17, 18, 19, 20, 21, 24, AND 25 IN~LOCK 2, LOTS 1, 2 ANp 71N ~~, AND lOT i IN BLOCK 4 OF VAtERI PLACE SUBDIVISION NO. 1, ACCORDING TO TF1E OFFICIAL PLAT THEREOF, FLIED IN 800K 63 OF PL,gTS AT PAGE 630T AND 6308 AND AMENDED BY AFFIDAVIT RECORDED AUGUST @, 1994 UNDER INSTRLIMENT NO. 94073282 WHICH WAS A RE. RECORDING OF N0.94072517 RECORDS OF AOA COUNTY, IDAHO. _ EXHIBIT PAG~,_,_ OF~ DEC 15 '95 16 28 PAGE.05 DEC-15-1995 16 29 ib:i~.iUCU~f;i Q1 II PARCEL A A PARCEL OF LAND LYING IN A PORTION Of THE SOUTHEAST QUARTER OF SECTION ?. TOWlJSF1IP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN. ADA COUNTY, IDa1/0, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SECTION CORNER COMMON TO SECTION ~. 12 ANp t 1. AND TILE SAID SECTION 2; THENCE NORTH 89 DEGREES 33'4ti WEST FOR A pISTANCE OF 850 09 FEET ALONG TI IE SUUr1 IERLY BOUNDARY OF THE SAID SOUTHEAST QUARTER OF SECTION ?. WI~ICN IS ALSO t1tE CENTERLINE OF WEST CHERRY LANE, TO A POINT; THENCE NORTH o DEGREE 26' 14" EAST FOR A DISTANCE OF 25 00 f EE T TO A POINT OIL T-tE NORTHERLY RIGHT OF WAY LINE OF TIME S110 WEST Ch1ERRY LANE. ALSO SAID POINT BEING TI IE REAL POINT OF BEGINNING: THENCE CONTANNINQ NORTH 0 DEGREE 28'14" EAST F7R A dISTANCE OF 3ti. 29 FEET TO A POINT. THENCE NORTH 18 DEGREES 07'36' EAST FOR A DISTANCE OF 68 17 FEET TO A POINT, THENCE NCRTH 45 08'20' EAST FOR A OiSTANCt OF 23 01 FEET TO A POINT. THENCE SOUTH It9 DEGREES 33'46" EAST FOR A DISTANCE OF 87 92 FEET i0 A POINT, THENCE NORTH 0 DEGREE 26'14" EAST FOR A DISTANCE OF 49 On FEET TO A POINT. THENCE SOUTH 89 DEGREES 33'a6' EAST FOR A DISTANCE OF 175 00 FEE* TO A PUtNT, THENCE NORTH 0 DEGREE 28'14' EAST FOR A DISTANCE OF 129 00 FEET TO A POINT, THENCE NORTH 89 DEGREES 33'46" WEST FOR A DISTANCE OF J2 JS FEET TU A POINT, THENCE NORTH 0 bEGREE 26' 14' EAST FOR A DISTANCE OF 1 IU W FEET TO a POINT ON it tE SOUTHERLY 90UNDARY OF GLENNFtELD MANOR NU t;. A SUBDIVISION. AS FILED FOR RECORD IN THE OFFICE OF THE ADA COUNTY RECORDER. BOISE. IDAMIO, IN BOOK 58 OF PLATS ni PAGES tiG~7 AND 5628; THENCE 50UTH 88 DEGREES 33'46` EAST FOR A DISTANCE OF 557 68 FEET ALONG THE SAIp SOUTHERLY BOUNDARY OF GIENNFIELD MANOR NO G AND IttE SOU) I IERLY BOUNOANY OF GLENNFIELD MANOR NO. 7, A SUBDIVISION, AS FILED FOR RECORD IN T/IE UFFICE OF T-IE ApA COUNTY RECORDER, BOISE, IDAHO, IN BOOK 59 OF PLATS AT PAGES 5743 ANO 57se TO A P01Ni ON THE WESTERLY RIGHT OF WAY LINE OF NORTIi UNDER ROAD. THENCE SOUTH 0 DEGREE 16'08' WEST FOR A DISTANCE OF 446 20 FEET ALONG tHE SAID WESTERLY RIGHT OF WAY LINE OF NORTH CINDER ROAD TO A POINT; THENCE NORTH 89 DEGREES 33'48' WEST FOR A DISTANCE OF 223 69 FEET TO A P01Nf. THENCE SOUTH 0 DEGREE 26'14' WEST FOR A DISTANCE OF 281 09 FEET TO A POINT ON T/tE SAIU NORTHERLY RIGHT OF WAY LINE OF WEST CHERRY LANE: THENCE ALONG THE SAID NORTHERLY RIGHT OF WAY LINE OF WEST CHERRY LANE TIrE FOLLOWING COURSES AND DISTANCES: NORTH 89 DEGREES 33'4S" WEST FOR A DISTANCE OF Ia 30 FEET TO A POINT, THENCE SOUTH 89 DEGREES t 7'28' WEST FOR A OISTANGE OF 249 97 FEET TO A POINT, THENCE NORTH 89 DEGREES 33'48' WEST FOR A DISTANCE OF 336 45 FEET TO THE POINT OF BEGINNING. PA,~iCEL B A PARCEL OF LAND LYING IN TFIE SOUTHEAST QUARTER OF SECTION 2. TOWNSHIP 3 NORTH. RANGE 1 WEST, BOISE-MERIDIAN, AOA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS' COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS 1, ?. ~ ~ AND t2 OF TOwNSFtIP 3 NORTH, RANGE I WEST, BOISE•MERIDIIIN, MARKED 8Y A BRASS CAP MONUMENT: THENCE NORTH 0 DEGREE 16'08` EAST ALONG THE SECTION LINE COMMON TO SAID SECTIONS I AND 2. SAIp LINE ALSO BEING THE CENTERLINE OF NORTH CINDER ROAD. FOR A DISTANCE OF 91109 N FEET; THENCE NORTH 89 pEGREES 33'4G' WEST FOR A DISTANCE OF 150 00 FEET TO 7t•IE REAL PQ~NT OF ~ BEGINNING; ~ THENCE SOUTH v DEGREE 16'08' WEST ALONG THE WESTERLY PROPERTY LINE OF THAT PARCEL DESCRIBED IN 1vARAANTY DEED INSTRUMENT NO 7501301 OF ADA COUNTY RECORDED FORA DISTANCE OF 67,88 FEET; THENCE NORTH 89 DEGREES 33'eG" WEST FOR A DISTANCE OF g0 89 FEET; ~p THENCE NORTH 0 DEGREE 2G't4` EAST FOR A DISTANCE OF 67.88 FEET; ~ - THENCE SOUTH 09 DEGREES 33'46' EAST FOR A DISTANCE OF 98 69 FEET TO TFIE TEAL POINT OF ~ ~ BEGINNING. CONTAINING 6.706 SQUARE FEET, MORE OR lESS ~ d FN(J OF 1, E(3A1. T)FRCJTIPT-(~N DEC 15 '95 16 28 PAGE.06 16 30 PIONEER TITLE P. 07 t95/~o 8y~~o ~ ~~ l u it :~ ~ l; PIONEER TI'I'L~ :.. t. ... ,:'lC A Ptnwr tlrrr~a~r d G a S c ::1 PIONEER'~7Ti8 COMPANY 1 h IhUUUb ; U 8151 W. Riflet~as Avs / Baise- Idslw 83701 / (20g) ~ rEE_ y7D P~~O°Cj ~~ AECOn..:`... . ..:~5 ~F 11PJIQNOAPP~ ~ WARRANTY DEED N+~tvmtrw.l 1POR VAU1B RPfiE1Y® t`I.FdtN ItYBORG AND MIB,D1tF.D L. NYBORC, TRUSTEES OF THE CLENN AND lIILLIB 1{YBQRC PAKILY TRUST BS?ABLISHED liY AN AGREEJiENT DATED OCTOBER 25, 1990 Grantor o . do hereby Rant, h~argaiq scD sad ooevcy uolaDOROTHY LEE MANNING . A MARRIED PERSON AS HER SOLB AND SBPARATB PROPBRTY ~ ~'9°t0a . w6oee ravrsat +ddt+o., .c 6308 COIANIAL DR_ , 80ISB, ID the [olbwiag desrnbrd real property io ADilt County, Stazo ofldaho, morn fnooo.r, to-wil: Pa*t~farydesarbedas SBB LEGAL DBSCRTPTION Al?ACNBD HF.R.ETO AND MADE A PART HLatEOF AS lOOIIBIT •A TO FIAYEatrD TO HOLb the said prcmiscs, with their aPPurteaaoas unto the said Grat-tee .and Grantee heirs and aas~rta fiorever. Rod the said Oreator s do hereby ooveoant to and with the said Grantee the GraMOrs ere the owns s m fee atmple of aaid prcmEses; that said premises arc frcc from alI cnn~braaoes, EXCEPT those to which this ooartyyaooc 4 enepreasly made subject and those made. suffered or done by the Granter: ; and aubyeet ro resctvatiottt;, resbtietionr, dedieatioor, eaaemeata, rig~a of way sod agreemcna, (if any) of rewrd, and general tests and asscssmeas, (~ndes i and utiGly asseasmews, (T(ony) for the cnrrca{year, which ue not due and rn7f warraai and defend the same fiom aU lawful clams whatsoever. ~ paytdde, and there Gramors Date December 14, 1994 ~ ORO, USTE ~L. NYBOR STE~~~ STATE OF _ 7D t+o ,County of ADA ~ ~, On thin 15T1{ o f DECEMDER ,• , in the year of . 1994 , before me - -.-- , a notary public. Dereo ~OLB,ORG AND Mtt nRED L. NYBORC _ _ kn ~v~ ~.lo be the person whose Homo ie 6ubeteribevl ui the within instrument as and acknowledged to me that _21lEIL execute+I the Nemr. ;~s such _._ s., _~_e~~_ p~~s: AND MILLIE NYHORG FAMILY TRUST. ehm / .... ,? , r*ino~A~o,,~d NOtary WtlbliC: (l'il _' _l `.~' _ Residint: st: BOISF_,,.IDAHO _ _ ~_ _ _ COMMISS1oN F.:CPIR6S: 3/b/95 DEC 15 '95 16.29 PAGE.O? [xNI111T "A" 15.~buuu~;1 a puc•t o-tand tying h th. SE1/4 of Sactlon Z. T.9N., R1W., B.M., Ada Cp~nry, •"; ;• ~ j' Idsho, mor• psrtlcularly d.urlbad „follows: r . ,' Corrnn•ndnp at the Sadlon Comer common to 6ectbns 1.2,11, and 12 of T.3N., ~.. ' R.1W , B.M., marked by a brass e~p monument: ~' thence North 0° 16'08" Fast along the Section Lino common to saki Sections 1 , '~' "~ and 2, saki Ilse also being the centerline of North Under Road, for a distance of • • ' 311.09 feet; . thence North 89°33'48" West for a distance of 150.00 feet; I thence South 0°18'08" W ° I est along the Westerly property line of that parcel described in Warranty Deed Instrument No. 7501301 of Ada County Records, for •a ' distance of 67.86 fee( to the REAL. POINT OF BEGINNING; • • thence continuing along said Westerly properly line South 0°16'08' West fora •• distance of 93.65 feet,to the.Sou!hwest comer of said parcel; .~ . thence South 89°43'52" East along the Southerly property Gne of saki parcel tor. ~ a distance of 110.00 feet to a point on the Westerly right-of--way line of North Linder ' Road as described in Warranty Deed Instrument No. 7849290 of Ada County Records. said point being 40.00 feet Westerly of the centerline of said Linder Road; thence South 0° 16'08" West along said Westerly right-of--way line for a distance of 107.85 feet; thence South 45°21'11" West along said right-of--way line for a distance of 17.00 feet to a point on the Northerly right-of--way Ilne of West Cherry Lane. said point, ~ being 30.00 feet Northerly of the centerline of said West Cherry Lane which centerline is also the section line common to said Sections 2 and 11; . thence North 89°33'46"West along said Northerly right-of-way line for a distance of 197.48 feet to a point on the Easterly boundary line of Parcel B as shown on Record- of-Survey No. 2490 of Ada County Records; thence North 0°26'14" East for a. distance of 213.21 feet along said Easterly ' boundary Ilne; thence South 89°33 46"East for a distance of 98.89 feet to the REAL POINT OF BEGINNING, containing 0.79 acres, more or less. ~ ~ i DEC 15 '95 16 29 PAGE.08 DEC-15-1995 1631 PIONEER TITLE WARRANTY DEED RECO~~, ..~iti- ,' '~3 f7it't ~o Ff i `I `r0 P.09 ~,.;:; ` ' ,F' ~ .For Value Received T erry C. Vyborg and Linde J. Vyborg, Husband and Wife r 4 .~?+ ~ '~ i~~. m. t ~,~~ ~' ~ Tne granrore , do ~~ ~' hereby grant, bargain, sell and convey unto `'T ~.~~. p~` . a ~S'~ ~~r~,.. ` ~ ~ , ; '',` ` ' + ;k Richard w.' Baer and V1cki A. Caere Husband and 4tfe T .~ Yeti ~~'`isti• ~T •~thegraAlee .whoseturrenleddrossis . 1655 N. Leader Rd.. Iieridian. Idaho 87642 ~fw~`. ~ ~.. t ; : the following described premises, in Ada 4{ ~ p County Idaho tOatrrtt ~!'`~.' See Attached Exhibit "A" r' ~"" ,,,.,: • D'7 b ~ 3 ~~ . ,,x X3;1070 ,'~ '~~F ~~;: SECURITY TITLE ;`+`.- TO HAVE AND TO HOLD the said prsmrses, with their sppuflenances untothe saiddrante06 their heirs and assigns braver. And tAe said Grantors do Mrebr covenant to and wish the saiQ t3rsnt9e s ,that c he y a re the owner In lee sirnpte of said premises: that they are free from allintumbrantes OtCEi'T: current year tateear eonditionat covenants. rescrictlons reservations, csstetnonta, rights and rights of way, apparen[ or of record, Dated: `ray 27, 1993 Ter C. WyborF Linda J, a~borg / and thel r hs y wrll warrant and defend the same from a111awIW claims whatsoever. STAtE OF fOi-MO. COUNrr OF Pala STAtE OF iDA-t0, COuNTr OF On tA~s ~~%JC,~ , senor `tw , t9 y3 . T 1 Nersby c.nAy teat 1b• M•VuTenf .af at.o to+ ..core a tn. Dt/fO/e e.at101e(y puDll[~toeM lOr lee Silo Stal•. DeKOneUy fequsYi of rr y G. Va-trorgS eDOe~~~O Te ~ _ J ~' ~ ~ ~i'W,~ J. ~: \';`•,rL • ~ ei ^bnutBS Dasr 0 tbtr Y 2 ..... , i... I • ~ .as ]or or ~ . 14 9 ^'r OthCe. e~E OWY•Kmos~.n 804. O O ,~' L ~ 1 I tri+orn er tdeaar•alo Ts to ee tee o•rSOn ~ -nose name: SuOSf7rfMOtoOe.IdDatinitr ment.~na~cano~~etyOtOm• r , , teal tt-ey ~ r . , e.ecurea tee acme ~ ~ E^ ~Otbuo RecorOel MoUr- Pupal •Dutr QOS~d~~ t .. KClSe ~Oana t•tt7• S I DEC 15 '95 16 30 PAGE. 09 DEC-15-1995 (Contilzued• from previous page ) 1.~~3/.~~1~~'~1 A parcel of larW lying in the Southeast 1/4 of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Section Corner comcaon to Sections 1, 2, ll and 12 of Township 3 North, Range 1 West, Boise Meridian, marked by a brass Cap rsonument; thence North 0.16'08 Bast along the Section Line common to said Sections 1 and 2 said line also being the Centerline of North Linder Road, for a distance of 311.09 feet; thencs North 89'33'46" West for a distance of 25.00 feet to a point on the Westerly right-of-Wny line of North Linder Road, said point being the RBAL POINT OF BEGINNING; thence South 0.16'08" Weat along said Westerly right-vf-way line of North Linder Road for a distance of 161.16 feet, to a point on the Southerly property line of that parcel described in Warranty Deed Instrument No. 7501301 of Ada County Records; thence North 89.43'52" West along said Southerly proper :.y line for a distance of 125.00 feet; thence North 0'16'08" East along the Westerly property line of said parcel described in Instrument No. ?501301 for a distance of 161.53 feet; thence SOUth 89'33'd6' East i`or a distance Of 125.00 feet to the REAL POINT OF BEGINNING. AND EXCEPT ditch right-of-way. DEC 15 '95 16 30 PAGE.10 DEC-15-1995 16 32 PIONEER TITLE P. 11 c\~ 43161`''00 G R31fit210H. ew b •'~ ~ 612103 0 ~ ° ~oi A316t2 n .U 0 7D0>0 I p3f612703 0 ~ ~ / 437tst2103 0 ~~ :n ° ~ ~ ~L O ~^~ tp^ A' o T .u Lw m~ O o W W `4~7 ~O ~! O Li e N O O m A y •. ~ ~ ~ QA O fl! ~ 0°1 O a7 O sl O°• W_ Y J~ W0, N ~ O 6 ra ~~~"•+` 4~ j~ b N .N. ~ N ~ P N O o C a` ~i n .~. ~0 {O ~i N N G G ( ~ .~ ° ~ fC 4 n rl m o p p N 530 + `. __ r - -° ° o 0 O N ~ N o ~ O 'ie D +A ~ ~ ~ ~`.~v o N N ~ N N 17 7~ ~ R3l672t0 N N N _ +y 1~1 a at ~ ~ O ~ P 3167270G~ P37612f05 ~ o o s n m o~ ~~ o ~ • 1 I ~ ~ "~ R376tZ7022 I n ~ ' ~, ,,, E~N I~f D ~ ~ ¢ o ~316f2105 ~n ~ +~ o W3f6f2f0 90 , ~ ~ a a ¢ ~ « I o ~~ ~a ~ -.. _. .~ '~ 10 ~ ~E ~F~K$-c...._ o '~S(~ o R3t572702 q ti ~ a3767270n o - c c N I Qr ~ 2 ,~ 831612!0 ~ I n° ~°. ~. y I - ,e 1 I r N N iD '.°. ~ ;~ A3f612702 n a a I0A OFi: ro o M C° c au c c' 83767?]0 0 °f M° p >o ~ ~ = LB ,~ ~ _ 1 W W O C ~.r O ~: O.i O ~° O a o ~ Y U O o N N ~ ~ b >a o e o e o. s o n ~~ ~ I ~ M N N ~ I P3fG17701 G~E NF`;~E 0 a ~ 83767260 ~ ~ ~ R ' MOGCN~ICF7E1/o 5T c - per- o - o -_~ .'- _ ~'lj 43767?701 o ci c o e o ~ N I A 01~ Ow ~ ~ N N ~ N tOL ~ ~ N n 0O ~ O n m ~~ b y W 10 D ^ Rr o~ /f~~ b y ~ ' ? A Q C ~ a ~ 17 ~ iu ~ v st ¢ ri S~ ¢ ~ n R (C ~.° ¢ i x ¢ ,s w ¢ sy^o~ ~v1~' ry^Q,~°~ ~o ^oti^ LAo~ ^~ym o~oo , _ .~ a0 ~ m°yp P~~i ~~" Q0y Qq~ry ^ T ~~ vti 86954270 0 1 ~ ^ A Tq J I Rd9642709L',p ` r• V• +(J -i~ ?~ ~ Q0954770370 .. ~ ~.r ~ ^' ^ ,Q ~I .' u C, ,• ly ~ ~ ~ r PO PO ~ RB97o2703G .r , ~ ,' •'• ~`~.• '• U S pIV SIO ~ s5zaz4acat,z _ t -~ 3 ~= l p ~~ ~ 88954?7035 r ' r ~ ~ ' O~~ 0 p ,l' , l r . t995ez7 895427 _ a r i` r' ~ r 1 Re!f5n27034~r• r r ~~ 2p~ 1 V' ~ A r ~ 'r • ~ ' ~ 5~202ei(9 53 ~~ ^p~ RAa;,a2700 8895427033 r• r ~', r f I ° // 0,~ ~ 889542700 0 88954270] 0 ~ 'r r~ ~ •' rr' r/r ' • ~ • i '~•r' r- 51702449604 i /V1/,y- ~/1 r i ` ~~ V [~ l t}e --~ ~-.. A~ it J ~r. ,.~ .'/. .'!r / e ' ~ "1 • W'~" 1~ U DEC 15 '95 16 31 ~ ~ . 3N ~ ~. 1 W S. d2 TOTAL P. 11 PAGE. 11 c, oc~n~ SHERRY R. HUBER, President SUSAN S. EASTIAKE, Vice President JAMES E. BRUCE, Secretary ~~-~~v June 14, 1996 TO: Smith's Food and Drug Centers, Inc. 150 S Redwood Rd Salt Lake City, UT 84104 FROM: Karen Gallagher, Coordinator Development Services Divisio SUBJECT: MRZ-11-95 Cherry Ln and Linder Rd Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on June 12, 1996. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. KG cc: Development Services Chron Jor:.n Euney Chuck Rinaldi Hubble Engineering ~~ ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 ADA COUNTY HIGHWAY DISTRICT Development Services Division Development Application Report REVISED APPROVAL MRZ-11-95/MSPR-1-96 Rezone from R-4 to C-N & Revised site plan Cherry Lane & Linder Road, Meridian The applicant is requesting rezone approval from R-4 (low density residential) and L-O (limited office) to C- N (neighborhood business district) to construct a Smith's Food & Drug center. The 8.34-acre site is located on the northwest corner of Linder Road and Cherry Lane. The total site is estimated to generate 6,605 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. The Smith's store alone is estimated to generate 4,830 additional vehicle trips per day. Approximately 3,356 are new trips added to the roadway network. The Commission reviewed a detailed site plan for a supermarket at the northwest corner of Cherry Lane and Linder Road with a rezone request from R-4 to C-N on January 10, 1996. The Commission approved the application with Kastle Falls Drive linked with Emerald Falls Place to provide outlets to both Cherry Lane and Linder Road as proposed. Subsequent to that approval, the City of Meridian approved the application with Emerald Falls Place terminating in a cul-de-sac at the west side of the site with no vehicular connection to Kastle Falls Place. The applicant then submitted a revised site plan, as approved by the City of Meridian, to the District. On June 12, 1996, the Commission approved the revised site plan with a 24-foot wide public road connection (choker) between Emerald Falls Place and Kastle Falls Place, a traffic circle in the middle of the cul-de-sac, and a reverse curve on Emerald Falls Place at Linder Road. If cut-through traffic on Emerald Falls Place and Kastle Falls Place becomes an issue in the future, the neighborhood can request that the District close the road at the west end of the cul-de-sac. ACRD Commission Date -June 12, 1996 - 7:00 p.m ~ i i ~ --~ I _ ~ __J__._ Cherr a~ ~ l - ine E S ~ ~ Facts and Findings: A. General Information R-4/LO- Existing zoning C-N -Requested zoning 8.34 -Acres 60,000 -Proposed for the Smith's store 262 -Traffic Analysis Zone (TAZ) West Ada- Impact Fee Benefit Zone Western Cities- Impact Fee Assessment District Cher Lane Minor arterial with bike route designation Traffic count 7,906 on 9-11-95 (w/o Linder Road) 800-feet of frontage (approx) 90 to 65-feet existing right-of--way (25 to-40-feet from n/o section line) 90 to 10$-feet required right-of--way (45 to 54-feet n/o section line) Cherry Lane is improved with 5 traffic lanes with curb, gutter and sidewalk. Cherry Lane was rebuilt in 1995. Utility street cuts in roads paved within the last five years will not be allowed unless approved by the District Commission. Linder Road Minor arterial with bike route designation Traffic count of 7,248 on 9/11/95 720-feet of frontage (approx) 65 to 50-feet existing right-of-way (25 to 40-feet w/o section line) 90 to 108-feet required right-of--way (45 to 54-feet w/o section line) Linder Road is improved with 5 traffic lanes at the intersection tapering to 2 traffic lanes north of the intersection. A portion of Linder Road abutting this site is improved with curb, gutter and sidewalk. There is no curb, gutter or sidewalk across from the parcel on Linder Road. In accordance with District policy staff recommends that the applicant construct the missing portion of 5-foot wide concrete sidewalk abutting the site on Linder Road. A portion of Linder Road abutting this parcel was overlaid in 1993. Utility street cuts in roads paved within the last five years are not be allowed unless approved by the District Commission. Page 2 MRZ 1195. WPD ! ~ Emerald Falls Place (extension of Kastle Falls Ave) Local Street with no pathway designation No traffic count available 600-feet of frontage if extended (approx) 50-feet existing right-of--way (west of this site) Emerald Falls Place is improved with a 33 to 35-foot street section with rolled curb, gutter and sidewalk. B. There are two dwellings located at the corner of the site. The remainder of the site is undeveloped. C. The applicant originally proposed to extend Emerald Falls Place from this site's west boundary where it currently terminates, to Linder Road. The revised site plan terminated Emerald Falls Place in a cul-de-sac. The applicant is proposing to dedicate right-of--way between Kastle Falls Place and Emerald Falls Place to allow the construction of utilities and emergency vehicle access in the right-of--way between the two dead-end streets. There is n~ vehicular access proposed from the residential subdivision to the supermarket which would have occurred in the original site plan approved by the District. The revised site plan forces the residents on Kastle Falls Place, which provides access to 49 of the 57 residential lots in the subdivision, to make a left turn on to Cherry Lane, an arterial, and then turn left again to reach the commercial development, places of employment, or other destinations. The previously approved connection between Kastle Falls Place and Emerald Falls Place allowed residents the convenience and safety of the making right turns onto Linder Road or Cherry Lane to enter the arterial street network, instead of forced left turns to travel south or east from Kastle Falls Place. D. The original subdivision (Valeri Place) was also approved with a roadway connection between Linder Road and Cherry Lane (see attachment `D'). Residents of Valeri Place subdivision are apposed to the street connection provided by the previous plan and are concerned with cut-through traffic. Staff has reviewed the possibility of cut-through traffic and believe that very few vehicles will use the street connection because of the increased time it would take over the arterial system. It is unrealistic to believe that customers of the commercial development will use Emerald Falls Place/Kastle Falls Place to access Cherry Lane when the commercial development has two driveways to Cherry Lane. To preserve the option of closing the street connection between Emerald Falls Place and Kastle Falls Place if cut-through traffic becomes an issue in the future, Emerald Falls Place should be constructed with a circular turnaround, which will allow the closure of the street in the future with a turnaround. Staff recommends that Emerald Falls Place and Kastle Falls Place be connected with traffic calming devices installed to discourage cut-through traffic. Page 3 MRZ 1195. WPD H. The applicant is proposing to construct one driveway on Linder Road. The driveway is proposed as a right-in/right-out driveway located approximately 300-feet from Cherry Lane. District policy requires a minimum separation of 330-feet for aright-in/right-out driveway. (Staff is currently preparing a revision to the Policy Manual which, if approved by the Commission, will allow aright-in/right-out driveway at 220-feet in this location). This driveway does not meet current District policy. Staff recommends that the Commission grant a waiver of current policy to allow the applicant to construct one right-in/right-out driveway with a 30-foot wide throat on Linder Road a minimum of 300-feet from Cherry Lane and a minimum of 150-feet from the proposed extension of Emerald Falls Place. The right-in and right-out traffic lanes should be 20-feet wide, separated by an on-site channelizing island with a minimum area of 100-square feet within the driveway throat. Design should be reviewed by Development Services Staff. Because of the anticipated traffic volumes at the easterly driveway on Cherry Lane, staff recommends that the applicant widen Cherry Lane to provide a right turn deceleration lane for 150-feet east of the proposed driveway. Design should be reviewed by Development Services Staff. J. The proposed fast food site should take access through the food store parking lot. Staff recommends that no additional accesses be allowed to Cherry Lane or Linder Road other than those approved with this application. District policy states that direct access to arterials and collectors is normally restricted and that the developer shall try to use combined access points. In accordance with District policy staff recommends that the applicant provide a recorded cross access easement for the undeveloped parcel to the west to use this parcel for access to the public streets prior to issuance of building permit (or other required permits). The District intends to require a similar agreement of the owner of the parcel to the west if it is the subject of a future development application. K. There is are two existing curb cut driveways at the residence currently located on this site, one on Linder Road and one on Cherry Lane. Staff recommends that the applicant replace the existing curb cut driveways with standard vertical curb gutter and sidewalk to match the existing improvements. L. If the rezone is approved additional development review such as a conditional use will not be required by the City of Meridian. Staff recommends that the applicant submit any proposed development plans/building plans for this site to the District and the City of Meridian for their review and approval. M. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development. Page 5 MRZ 1195. WPD • Emerald Falls Place should be narrowed with conversation corners (choker) to a minimum width of 24-feet at the west side of the circular turnaround, a traffic circle should be constructed in the center of the turnaround, and two reverse curves should be placed in Emerald Falls Place near Linder Road (see attachment `C'). District policy requires a 50-foot tangent section between two curves. The proposed reverse curves do not have a tangent section due to the site plan. Staff recommends that the requirement fora 50-foot tangent between the two reverse curves be waived, because of the low speeds and low traffic volume that will be using the street. E. As proposed on the revised site plan, Emerald Falls Place should be constructed to a 37-foot street section with curb, gutter and 5-foot wide concrete sidewalks on both sides within 50-feet of right-of--way, widening to a 41-foot street section within 60-feet of right-of--way between Linder Road and the driveway to Smiths on the south (approximately 80-feet). F. The revised plan for the commercial site proposes one driveway to Emerald Falls Place approximately 80-feet east of Linder Road. District policy requires a minimum separation between a full access driveway and Linder Road (measured from near edge to near edge) to be 50-feet. This driveway meets District policy. The driveway should be constructed as a 30- foot curb return driveway with 15-foot radii located a minimum of 50-feet from Linder Road. G. The applicant is proposing to construct two driveways on Cherry Lane. The easterly driveway is proposed as a right-in\right-out driveway located approximately 300-feet from Linder Road, meeting District policy, which requires a minimum separation between aright-in/right-out driveway and Linder Road (measured from near edge to near edge) of 220-feet. Staff recommends that the applicant construct the easterly driveway in the location shown on the site plan as a right-in/right-out driveway with a 30-foot wide throat on Cherry Lane a minimum of 220-feet from Linder Road. The right-in and right-out traffic lanes should be 20-feet wide, separated by an on-site channelizing island with a minimum area of 100-square feet within the driveway throat. Design should be reviewed by Development Services Staff. The westerly driveway on Cherry Lane is proposed as a 36-foot wide full access driveway located approximately 530-feet from Linder Road, meeting District policy, which requires a minimum driveway separation of 150-feet from other driveways for this portion of Cherry Lane and 440-feet from the intersection. Staff recommends that the applicant construct the westerly driveway as a 36-foot wide full access driveway with 15-foot radii curb returns located a minimum of 150-feet from the right-in/right-out driveway on Cherry Lane and aligned with the driveway on the south side of Cherry Lane approximately 450 feet from Linder Road. The driveway should be striped for two outbound lanes and one inbound lane. The applicant stated that they may be able to work with the property owner of the parcel to the south to move that driveway to align with the proposed Smith's driveway. The possible relocation is acceptable as long as District policy is maintained. Page 4 MRZ 1195. WPD • N. This application was scheduled for a public hearing by the City of Meridian Planning and Zoning Commission on January 9, 1996. The following recommendations are based upon the development plan submitted to the District at the time of the requested rezone and the current District policy in effect at the time. If the rezone is approved and development proceeds the District will review any proposed development plan with regard to District policy at the time of that review. Site Specific Requirements: From the west right-of--way line of Linder Road to a point 350-feet west, dedicate 54-feet of right-of--way from the section line of Cherry Lane abutting the parcel (14-29 additional feet). On the remaining portion of the parcel dedicate 45-feet of right-of-way from the section line of Linder Road abutting the parcel (20 additional feet). Right-of--way shall be dedicated prior to issuance of building permit (or other required permits). The owner will be compensated for this additional right-of--way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of--way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 2. From the north right-of-way line of Cherry Lane to a point 350-feet north, dedicate 54-feet of right-of--way from the section line of Linder Road abutting the parcel (14-29 additional feet). On the remaining portion of the parcel dedicate 45-feet of right-of--way from the section line of Linder Road abutting the parcel (20 additional feet). Right-of--way shall be dedicated prior to issuance of building permit (or other required permits). The owner will be compensated for this additional right-of--way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of--way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #188. 3. Construct Emerald Falls Place to a 37-foot street section within 50-feet of right-of-way, widening to a 41-foot street section within 60-feet of right-of--way between Linder Road and the driveway to Smiths on the south (approximately 80-feet). The entire street abutting the site shall be constructed with curb, gutter and 5-foot wide concrete sidewalks on both sides. Emerald Falls Place shall be constructed with a circular turnaround as proposed with a 24-foot wide `choker' street connection between the cul-de-sac and existing Emerald Falls Place in Valeri Place Subdivision. A traffic circle shall be constructed in the center of the circular turnaround. The traffic circle shall be a separate lot on any future plat to be owned and maintained by Smiths or the home owners association. Emerald Falls Place shall have two reverse curves at Linder Road (see attachment `C') without the required 50-foot tangent. Coordinate the design of Emerald Falls Place with ACHD Development Services staff. Page 6 MRZ 1195. WPD 4. Construct one driveway on Emerald Falls Place as a 30-foot curb return driveway with 15-foot radii located a minimum of 50-feet from Linder Road. Construct the easterly driveway on Cherry Lane as a right-in/right-out driveway with a 30-foot wide throat a minimum of 220-feet from Linder Road. The right-in and right-out traffic lanes shall be 20-feet wide, separated by an on-site channelizing island with a minimum area of 100- square feet within the driveway throat. Design shall be reviewed by Development Services Staff. 6. Construct the westerly driveway on Cherry Lane as a 36-foot wide full access driveway with 15-foot radii curb returns located a minimum of 150-feet from the right-in/right-out driveway on Cherry Lane and aligned with the driveway on the south side of Cherry Lane (approximately 450 feet from Linder Road). The driveway shall be striped for two outbound lanes and one inbound lane. NOTE: The applicant stated that they may be able to work with the property owner of the parcel to the south to move that driveway to align with the proposed Smith's driveway. Relocation of the driveway shall be in compliance with District policy and is to be reviewed by the District. 7. Construct one right-in/right-out driveway with a 30-foot wide throat on Linder Road a minimum of 300-feet from Cherry Lane and a minimum of 150-feet from the proposed extension of Emerald Falls Place. The right-in and right-out traffic lanes shall be 20-feet wide, separated by an on-site channelizing island with a minimum area of 100-square feet within the driveway throat. Design shall be reviewed by Development Services Staff. 8. Widen Cherry Lane to provide a right turn deceleration lane for 150-feet east of the proposed easterly driveway. 9. The proposed fast food site shall only take access through the food store parking lot. 10. Provide a recorded cross access easement for the parcel to the west to use this parcel for access to the public streets prior to issuance of building permit (or other required permits). The District intends to require a similar agreement of the owner of the parcel to the west if it is the subject of a future development application. 11. Replace the existing curb cut driveways (one on Linder Road and one on Cherry Lane) with standard vertical curb gutter and sidewalk to match the existing improvements. 12. Utility street cuts in the pavement on Linder Road and Cherry Lane will not be allowed unless approved by the District Commission. 13. Submit any proposed development plans/building plans for this site to the District for review approval. Page 7 MRZ 1195. WPD • • 14. Restrictions on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. 15. Other than the driveways approved with this application, direct lot or parcel access to Cherry Lane and Linder Road is prohibited, in compliance with District policy. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the Development Services Supervisor. The request shall sp cifical ~identifv each requirement to be reconsidered and include a written exulanation of whX such a requirement would result in a substantial hardship or inequity. Requests received prior to the date scheduled for Commission action shall be rescheduled for discussion with the Commission on the next available meeting agenda. 2. A request for an appeal of the Commission's action shall be made in writing to the Development Services Supervisor within 15 calendar days of the action and shall include a minimum fee of $110.00. The appeal will be scheduled to be heard by the Commission within 20 calendar days after receipt. The request for anneal shall specifically identify each requirement to be reconsidered and include a written ex.~lanation of why such a requirement would result in a substantial hardship or inequ~y. 3. Aright-of-way permit must be obtained from ACHD for any street or utility construction within the public right-of--way. Utility cuts should be combined where practical to limit pavement damage. tilitkstreet cuts in roads~aved within the last five years will not be allowed unless approved bX the District Commission Contact Construction Services at 345- 7667 (with file number) for details. 4. Submit site drainage plans and calculations for review and appropriate action by ACHD prior to issuance of building permit (or other required permits). The proposed drainage system shall retain all storm water on-site and shall conform to the requirements of the city or county having jurisdiction. Public street drainage facilities shall be located in the public right-of--way or in a common lot owned by a homeowners association set aside specifically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage lots and their use restrictions shall be noted on the plat (when applicable). Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when driveways are not being shared with the adjacent property. Page 8 MRZ 1195. WPD • 6. Construct pedestrian ramps on the corner of all street intersection in compliance with Idaho Code, Section 40-1335. 7. Dedicate up to a 20-foot x 20-foot right-of--way triangle (or appropriate curve) to keep street improvements within the public right-of--way at all intersections abutting and/or within the development prior to issuance of building permit (or other required permits). 8. Continue existing irrigation and drainage systems across parcel. 9. Continue borrow ditch drainage abutting parcel (culvert may be required). 10. Provide written approval from the appropriate irrigation/drainage district authorizing storm runoff into their system. 11. If street improvements are required, locate obstructions (utility facilities, irrigation and drainage ditches and appurtenances, etc.) outside of the public right-of--way. Authorization for relocations shall be obtained from the appropriate entity. If determined by the District, existing irrigation facilities may remain in the right-of--way with District review and approval of easements recorded for future relocation at a later date. 12. Locate proposed sign(s) out of the public right-of--way and out of the clear-vision sight-triangle of all street and driveway intersections. 13. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross-street. The stop sign shall be installed when the project street is first accessible to the motoring public. 14. The developer is required to install street name signs at the locations approved by the Ada County Highway District. Purchase street name signs, sign poles, and mounting hardware from ACHD's Traffic Operations Department or an approved outside supplier. The District will not manufacture street signs until a copy of the recorded plat showing the recording data has been provided to Development Services staff. 15. Provide a clear vision sight triangle at all driveway and street intersections. Within this triangle no obstruction higher than 36-inches above the top of pavement will be allowed, including but not limited to landscaping, berms, fences, walls or shrubs. The triangle shall be defined with the long leg measured 200-feet to 540-feet (depending on speed limit) along the centerline of any road; and the short leg measured from the curb line of the road 20-feet along the centerline of the intersecting driveway or street (see District policy Figure F7). Provide notes of these restrictions on the plat/site plan and street construction plans. 16. Submit three sets of street construction plans to the District for review and appropriate action. Page 9 MRZ 1195. WPD • • 17. Provide design data for proposed access to public streets for review and appropriate action by ACRD. 18. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 19. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 20. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 21. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Should you have any questions or comments, please contact the Development Services Division at 345-7662. 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Apri122, 1996 A~'R 2 2 ~~~~ C~'TY 0~ Ml~l~l~l~~k TO: Will Berg , Meridian City Clerk FROM: Michael D. Wardle R~: Smith's Store Site Aerial Photo This is to acknowledge receipt cf the aerial photograph of the Srni*h's site at the northwest corner of the Cherry Lane and Linder Road intersection.. We will have a color copy reduction made and returned to you for placement in the project application file. The original photograph wiil be retained by the applicant. BY: Michael A. Wardle 50 Broadway Ave. Suite B, Boise, 1D 83702 Apri13, 1996 Wardle & Associates Telephone: 208-.344-3448 Fax: 208-344-3922 TO: Mayor Robert D. Cowie & Meridian City Council c% Will Berg, City Clerk via fax @ 887-4813 FROM: Michael D. Wardle RE: Smith's Rezone Photo Exhibit During the public hearing process, we presented and displayed an aerial photo of the Smith's site for accurate, visual reference. In fact, we have used similar aerial photos of all six sites in the Boise /Garden City /Meridian azea for the planning & zoning commission, city council and AChID hearings. In all cases--except Meridian--we were permitted to retain custody of those photo exhibits for further use. Meridian has held the photo and other exhibits. Inasmuch as a decision has been rendered in this matter, I respectfully request that the photo be returned for ow use in the detailed planning and design process. We would be pleased if you chose to release the other items as well but they have neither the value (approx. $750) nor the use of the photo. I will attend the next Council meeting on April 16th, in the expectation that you will discuss the policy on exhibits and release the photo. cc: David Nielson -Smiths JoAnn Butler -attorney APR 03 '96 11 32 208 344 3922 PAGE.01 • Meridian City Council April 16, 1996 Page 24 Rountree: And Wingate. Corrie: Hearing that are you ready to make a motion for tabling then? Morrow: Mr. Mayor I would move we table until our first meeting in May, which I believe is the 7th. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that the preliminary plat for Dove Meadows No. 2 is tabled until the May 7 meeting, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: ORDINANCE #729 -SMITH'S FOOD AND DRUG CENTER REZONE/C-N: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN A PORTION OF THE SE 1/4 OF SECTION 2, T.3N, R.1 W, B.M., ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #729 read in its entirety? Seeing none I will entertain a motion from the Council. Rountree: Mr. Mayor, I move that we approve Ordinance #729 with the suspension of rules. Morrow: Second Corrie: Motion made by Mr. Rountree, second by Mr. Morrow that Ordinance #729 be adopted with the suspension of rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Nay, Rountree Yea, Tolsma -Yea MOTION CARRIED: 3 Yea, 1 Nay ITEM #9: ORDINANCE #730 -WATER METER FEES: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTION 5-131 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN. RE- ENACTING SAID SECTION 5-131 OF THE REVISED AND COMPILED ORDINANCES OF • • ORDINANCE NO. 729 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN A PORTION OF TAE SOUTHEAST QUARTER OF SECTION 2, T. 3N., R. 1W., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to amend, change and rezone from Low Density Residential (R-4) and Limited Office, (L-O) to Neighborhood Business District, (C-N), the real property described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the property described as: A parcel of land lying in a portion of the Southeast quarter of Section 2, T. 3N., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the section corner common to Sections 1, 12 and 11, and the said Section 2; thence North 89°33'46" West for a distance of 584.90 feet along the Southerly boundary of the said Southeast quarter of Section 2, which is also the centerline of West Cherry Lane, to a point; thence North 00°26' 14" East for a distance of 622.29 feet to a point on the centerline of Kastle Falls Avenue; thence South 89°33'46" East for a distance of 583.08 feet along said centerline extended to the centerline of North Linder Road; thence South 00 ° 16' 08" West for a distance of 622.29 feet along the said centerline of North Linder Road to the Point of Beginning. t a~ QR 4~ anti id be, and the same is rezoned from Low en Density Res ~ ~L2 c c ~ ~~ ~c Limited Office, -~ ~ , c (L-O), to Neighborhood Business D~~rict 's '~ _~.~Cn~~~ g ~ ~ ~ ~ ,~l ORDINANCE Page 1 '95 AE's 25 ~=~ 12 38 • and Section 11-2-425, Official Zoning Maps are hereby amended to reflect the same. Section 2. That the property shall be subject to re-zone back to R-4 and L-0 if the owner, Applicant or its assigns, heirs, or successors, shall not meet the requirements contained in the Findings of Fact and Conclusions of Law, the Ordinances of the City of Meridian, all representations made by Applicant or its agents, and of this Ordinance. This Ordinance is, in fact, conditioned on the Applicant meeting, performing and complying with all of the representations made in the Application, all documents submitted by Applicant as part of its Application, and all representations made by the Applicant or Applicant's agents. That all recommendations and requirements of the City must be met, including, but not limited to, entering into a development agreement. Section 3 . That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED. by the City Council and approved by the Mayor of the ORDINANCE Page 2 • City of Meridian, Ada County, Idaho, this l~~ day of ~,D`/~~ 1996. APPROVED: OR -- ROBERT D. CORRIE ``~~~~ir~=rrrrrr:~r~ ATTEST: \~~~ _~ ~.~ r'., .: `'~';~ ~~i,•~ ~ 01 ~~ TY CLERK -- WIL G. BERG, JR. ~ ,~ ~,., . :"~ STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF TAE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 2, T. 3N., R. 1W., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. 729, by the City Council and Mayor of the City of Meridian, on the ~ day of April, 1996, as the same appears in my office. DATED this ~~ day ORDINANCE Page 3 of April, 1996. City Clerk, City o M radian Ada County, Idaho ~~ / ` ~ ~ ~. s 7G ~°,o~ ~ '9d BUST 1S'~ Z~ `•`` fie{. ``~ ,~ ,q '''''''''C r rr i~ r~ ~~~'`~```~ • STATE OF IDAHO,) • ss. County of Ada, ) On this day of April, 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR., known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~,~GE ~: G. Q` ~ ~ ci'' ~ Q'~ /3 t~ asp ~~ SEAL ~ `~ !" A ©r 1 A ~° -' b.~ ~~ o ~~~/I1111111j1- at Meridian, ssion expires: ORDINANCE Page 4 O z m `~ o z a ~' :Af eo % .Gb ' ~ ~' ~ i cN- ~ i W z$ ~ ~ ~. Q J ~ ~~ ~ ~. m \~ w ~~~ ~~ t~ s A 11l~! • - 11! • A ~ ~ _ ~ . :~ --m~--- :~ ~. %' / . ,. •. Meridian City Council April 2, 1996 Page 19 CORPORATION: Corrie: I think we would probably need to table that one to a date. Bentley: So moved Tolsma: Second Corrie: Motion made by Mr. Bentley, second by Mr. Tolsma that the preliminary plat for Ashford Greens No. 2 by tabled to the next meeting April 16, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE TO C-N BY SMITH'S FOOD AND DRUG CENTER, INC.: Corrie: Council you have the findings of fact in front of you. Morrow: Mr. Mayor, I am prepared to deal with the findings of fact and conclusions but I would like for the record prior to doing that to reflect that we as a Council have taken some criticism in the press which is incorrect in terms that we refuse the acceptance of a City park or a contribution to the park of approximately 2 1/2 acres thereabouts. The presentation to us at the last meeting was as a way of history there was some conversation at the P & Z level that there could be something done with some ground creating a park of a tittle over 2 acres, 2 1/2 acres. Someone within the staff according to the testimony that was given to us last week by Mr. Wardle indicated that probably wasn't a good deal for the City because of the cost, the neighbors themselves in the neighborhood had determined that they didn't want the park because of the cost of maintaining it. I don't know who within our staff made the decision not to accept that as a parcel or a park but their analysis was absolutely correct. The issue very candidly is with a piece of property that small there was testimony offered from the public that we could put a couple of soccer fields there. The reality is that on a piece of ground that size two soccer fields would generate 50 to 75 cars within a subdivision as small as Valeri Place, the neighbors wouldn't acxept that, Smith's Food King certainly wouldn't accept 50 to 75 cars parking within their space for all of you here that is a walled subdivision. If there was going to be direct public access not affecting the subdivision there would have to be ingress, egress point on Cheny Lane by the time you put in the necessary entrance and parking the amount of green space that would be left wouldn't support one soccer field. So the issue here clearly is that our staff made the right decision in terms of that park ground, the point is it originally was proposed to us in terms of a two phase residential subdivision with some common area and a gazebo. Smith's to their credit has increased the size of what • • Meridian City Council April 2, 1996 Page 20 was originally going to be there. There are less residences in the area, so it is a good deal . for the residents of Valeri Place and it is a good deal for the City of Meridian. That type of open green space belongs within the subdivision, should be utilitized by those folk within the subdivision and will not because of the small size of the subdivision support general public use. So I don't know who on our staff or who at P & Z made the suggestion that this wasn't a really good deal for the City of Meridian but they were right on contrary to what the press will have you believe. Having stated that, that is my position. Rountree: I would like to make a comment with respect to the findings on your comment Mr. Morrow that on page 5, paragraph 1 on that page that be (inaudible) to indicate what was said that there was a (inaudible) of two options, one cul-de-sac subdivision, one park that Smith's actually worked with the residents of that specific subdivision and the conclusion of that meeting with those residents was that they preferred that the neighborhood park be increased in size minimally and that the additional houses be a cul- de-sac (inaudible) as their preference. Cowie: Having said and heard that are you ready to make a motion on the findings of fact and conclusions of law? Morrow: Mr. Mayor 1 would move that we adopt and approve the findings of fact and conclusions of law, 1 am sorry let me re-state that. I would move that we adopt and approve these amended findings of fact and conclusions of law. Also to and including the amendment of Councilman Rountree. Rountree: Second Cowie: Motion made by Mr. Morrow, second by Mr. Rountree that we approve the findings of fact and conclusions of law with the addition of Mr. Rountree's comment and as amended, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Nay, Rountree -Yea, Tolsma -Yea MOTION CARRIED: 3 Yea, 1 Nay Cowie: Before we do the decision on this Mr. Crookston, would this not be a time that we need to add that the plat will be required if any of the use in the store is placed on rezoned land. That land .that we were talking about as being put into plats and I think we need to add that to the decision, I personally asked the counselor if that should be done that way. Crookston: If it is desired by the Council and that is (inaudible) this is the place • Meridian City Council April 2, 1996 Page 21 Corrie: And that would be the Council's decision. I will entertain a motion for any decision you wish to make. Morrow: Mr. Corrie, would you enlighten me a little bit in terms of that procedure please? Corrie: On the CN zoning you can't have homes, part of that is their property and if they want to sell that to another property it ought to have a plat to come with that so if they were to build homes they would be required at that time from the decision. It cleans it up a little bit 1 think. Morrow: Mr. Mayor, the Meridian City Council decides that the requested rezone of the land to a neighborhood business district CN is hereby granted that as a condition of the rezone that the applicant meet the terms and conditions of these findings of fact and conclusions of law, comments and requirements of the City staff, water and sewer ordinance requirements, Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical code, Fire and Life Safety code, Mechanical Code and all parking lighting, landscaping requirements. That they file a plat to designate the residential areas. If there are any irrigation canals, drainage or other means of conveying water located on the property they shall be tiled. Rountree: Second Crookston: Excuse me I think that the idea that Mayor Corrie had was that not necessarily for the residential because the land that had the request for rezone is only the land upon which the shopping center or store would be located. It does not include the residential property to the north. The idea is that (inaudible) on part of it, it would have to be platted. Morrow: Let me as you this Counselor, doesn't, wouldn't you have to file a new plat because the lot configuration is changed for the residential stuff. Crookston: It has not been, that residential land has not been finally platted to my knowledge. Morrow: Well and also Smith's is going to sell that, they are buying that ground in its entirety and I think that the testimony from Mr. Wardle, one of the Smith's folks was that it would be re-sold to a developer or some folk that would sell the residential stuff. I believe if memory serves me he indicated that they didn't want to be involved in the sale of residential properties. Crookston: But the statement as I recall was that land would be used residentially. Since the land north,. as described in the application, the land north of what is described really • • Meridian City Council April 2, 1996 Page 22 has not been dealt with. They did state at the hearings it was going to be residential however. Morrow: Are you talking about the land between the back of the store in Glennfield Manor or the land on the adjacent west side. Crookston: I am talking about the land on the north. Morrow: So what is your point in terms of what we are talking about with the decision you want to strike the phase in terms of the plat requirement? Crookston: No, I think the plat requirements needs to be there if another business is added to the land that is being rezoned, Morrow: Such as a corner pad? Crookston: That is correct. Cowie: I think you could say Mr. Morrow that a plat would be required if any other than the store is placed in the to be zoned property, that would cover that north side as well, is that correct Counselor? You are using the same decision you are just adding a phase in there. Morrow: Mr. Mayor could I ask the staff Gary Smith Engineer, your thoughts about this or Shari? From a technical stand point how do we solve Gary the problems that you may have? Smith: Councilman Morrow, as I understand it, the legal description that was provided for the rezone is for the proposed Smith's food store site. One of their plans they submitted did show a pad at the southeast corner of that piece of property. The remainder of the property would remain R-4 zone I believe at such time that they did something with the strip of land between the back of the store and Glennfield Manor Subdivision, a plat would need to be filed for that. If they are going to sell the pad the proposed pad site then a plat would be required. If they maintained ownership of the pad site and leased it to a user then it would just remain in their ownership, it would remain as it is. But any time you split off a parcel it requires a subdivision plat to be filed. Crookston: Maybe we could get some information from the applicant or Mr. Wardle regarding this. Wardle: Mr. Mayor 1 think that you had it handled in the motion because the land is not being rezoned that would be subject to a residential subdivision has to be platted. And in ~~ Meridian City Council April 2, 1996 Page 23 • fact if there is ever a sate for a pad site the comments by Shari Stiles indicated there would probably need to be a conditional use permit for any other use on that site and if it was sold off it would have to be platted. I don't see that it makes, that we have to jump the hoops every way that we go. I think the motion that was on the table actually covers it. Crookston: Thank you Morrow: I will leave the motion standing. Corrie: Is there a second? Rountree: Second Corrie: You have heard the motion made by Mr. Morrow, second by Mr. Rountree on the decision, any further comment or discussion? Hearing none, all those in favor of this decision motion say aye? Opposed? MOTION CARRIED: 3 Yea, 1 Nay Corrie: Entertain a motion for an ordinance to be drawn up by the City Attorney. Morrow: So moved Rountree: Second Corrie: Motion has been made by Mr. Morrow, second by Mr. Rountree to have the Attorney draft up an ordinance from findings of facts, all those in favor say aye? Opposed? MOTION CARRIED: All Yea ITEM #10: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A GROUP DAY CARE BY KATHLEEN LAWRENCE: Corrie: Council you have that conditional use before you now. Rountree: I have a typo on page 10, item C, fifth fine down, should read other similar hours that the department (inaudible) Corrie: Okay, any further corrections? Hearing none. I will entertain a motion for the fnndings of fact and conclusions of law. MERIDIAN CITY COUNCIL MEETING: APRIL 2 1996 APPLICANT: SMITHS FOOR 8~ DRUG CENTER ITEM NUMBER; 9 REQUEST; REQUEST FOR A R BONE TO C-N 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: COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW 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: ~~~ d1 ~I F~ (d ~ ~~G ~,~° ~gd' e^1' ~x ,,.,¢ aNP~s 1~°I WY p al ~ ~ ~ OTHER: II Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council March 19, 1996 Page 47 motion. r~ u Tolsma: Withdraw the second Rountree: Mr. Mayor I move that we continue the hearing on this item until our regularly scheduled meeting. Tolsma: Second Corrie: Motion made by Mr. Rountree, second by Mr. Tolsma that we continue the public hearing until April 2, on the Ashford Greens No. 2 preliminary plat, all those in favor say aye? Opposed? MOTION CARRIED: All Yea ITEM #16: PUBLIC HEARING: REQUEST FOR A REZONE OF 8.34 ACRES TO C-N BY SMITHS FOOD AND DRUG CENTER INC.: Corrie: At this time I will open the public hearing. Mike Wardle, 50 Broadway Avenue, Suite D, Boise, was sworn by the City Attorney. Wardle: I first want to chastise Will for not giving d v duals hehe th s teve gng not all wi I the set up of the agenda. t would like to introduce speak by any means but they would be available to answers of our teamaare Nocal~ Doug Smith's out of Salt Lake City, all of the other memb Kowallis, of Questin Company handling real estate issues. Terry Scoffield our architect, Joann Butler, legal counsel, Gary Funkhouser of Bell Walker handling traffic issues, and I don't see Gene Smith of Hubble Engineering here: blelto answer specf c quest o sf testimony after I conclude my comments but all are avails The process we have gone through to get to this poie~st~e had a mceetng in November with City staff to talk about issues related to the prod with ,area residents, we sent out notices or delivered chton L nderf road fords very lively approximately 80 people at the Assembly of God chur discussion. They thanked us for the opportunity to b a{ `^~oint ~Manyf ssues dascussedthen was forthcoming, it had not yet been submitted at th p and they were also discussed at the previous hed hea inTh t offered anlopportunity for' algl that was held in January was really a very 900 osed to express valid concerns and of the area residents that were in favor as well as opp seek ways to mitigate those concerns. Two primsa ess ssueserThe'second re ated to discussions one was concern for traffic and related tY i ~ Meridian City Council March 19, 1996 Page 48 property values and especially the impacts that might be felt by those that lived in the Linder Falls I believe the technical name of the recorded plat is Valeri Place subdivision but nevertheless one identified as Linder Falls as well as those that live to the north in Glennfield. Just for reference this is an aerial photo taken just a few months ago of the site. What we are talking about is the parcel that the rezone actually would be in extension of the center line of Emerald Falls Drive out to Linder Road southerly to Cherry lane and back and would include parcels that has previously been rezoned to L0. One interestin thing that comes from the minutes that you read of that Planning Commission hearin is that even though there was a lot of opposition there as actually a fair amount of sup ort but certainly a great deal of opposition. Nobody was opposed to Smith's coming well maybe there was one, I did read one letter that was submitted it wasn't in public testimon but there was one letter in the packet that basically said we don't need anymore. But generally the support for Smith's entry into the market was apparent if concerns could be addressed satisfactorily. Several suggested that we find another commercially zoned piece of ground. In fact that search for a commercially zoned piece of ground is what lead to this proposal. This zoning map shows all, well it doesn show some of the commercial much rather to the south but this shows essentially all of the commercial north of the interstate and in and around the City. It shows limited office, professional land uses as well. It shows church locations and it shows the schools out on the vicinity. The parcel that we are talkin about this evening is shown in pink. Something that hopes to become a blushing red as a result of your actions. Anyway it is that parcel at the northwest comer. Across the street from existing CN zoning where there is the beginning of a small strip center detached stri center but there is a Maverik, pizza and a car wash currently to the south of the parcelp. There is some other CN zoned land that is not large enough to accommodate a store on the opposite corner. The only parcel that is zoned commercial in the wester) neighborhood of Meridian is that that has the big, blue A already on it out at Ten Mile and Cherry Lane. Everything else is either zoned or residential or has not yet been presented. Very interesting thing occurs when you read the comprehensive plan, now if we had the comp plan map in front of us, it is on the wall and I think you can refer to that but there is a mass of land that kind of shows up as a brown through the heart of that comprehensive plan map. That is identified as the urbanized area of Meridian. It is silent with respect to where within that urbanized area certain things must occur or should occur. But it is not silent to the effect that certain things will occur or need to occur. I would like to read one statement from the Comprehensive Plan. This comes on page six and in fact let me pass out the item that I gave to the Commission, I believe it is also in the packet but this is the reference that I am referring to. I did an extensive analysis of the comprehensive Ian policies and goals for the Planning Commission and was part of that hearing record But I simply want to read the statement that I highlighted from page six, "within the communit there are unique neighborhoods which comprise the Meridian urbanized area.' A ain referring to that brownish mass in the community. "Only a few of those areas have traditional neighborhood characteristics, others are essentially developing districts and Meridian City Council March 19, 1996 Page 49 • contain some elements of traditional neighborhoods but at present they lack nearby parks, schools, churches and commercial support services. In time the developing districts will become neighborhoods as the community continues to expand and develop neighborhood facilities and services." The comprehensive plan identifies the expectation of these it simply does not put a dot on the map to state where. We believe that when you look at the map of Meridian on the west side that you will see actually the beginnings of a neighborhood complex more here than would be achieved or his proposed currently a mile to the west where the Albertsons is supposed to be constructed. You already have some established commercial areas but they are more convenience sized than neighborhood sized. You have some limited office uses within the vicinity. You have the Linder elementary school, the Meridian Middle school and the Meridian High School. You have all of the facilities but you don't have the services yet to service that bedroom community of Meridian. It needs to happen and it is appropriate that the Planning Commission recognize that after listening to all of the testimony that they concluded that it should happen. The question of how to place that facility there so that it works for the benefit of everybody has been the discussion of extensive meetings with the neighbors. This was the exhibit that was provided at the Planning Commission hearing. We showed a concept of either an additional culdesac which was (inaudible) slightly different alignment but still a part of the original Valeri Place subdivision that there would be a culdesac extension behind the existing homes. We showed that as an option, we also showed an option that could be a park but it was concluded in discussions with City staff that a park of that size was not conceived to be in the interest of the community. It would be hard to maintain in terms of having to take equipment around could not, it would not justify keeping equipment on site. That being the case the Planning Commission actually recommended in their findings and conclusions that the Smith's develop it and the homeowners maintain it. But the homeowners have looked at that and we provided some information to them to talk about cost of maintenance and for the 34 homes that would be in the subdivision to maintain a park of that size would be fairly substantial expense it would be a range of $11,000 to $12,000 a year just to maintain something that would probably have appeal for a much larger area than just the subdivision. It would be hard to keep kids from coming and using something of that size of a facility. So as a result we have had subsequent meetings with the neighbors, the proposal that I believe has been validated and will be presented to you in a few moments actually I have lost one set of drawings, (inaudible) I think I can just tissue on. This is a record of the tissue that I have taped up and I will present it to the Clerk for (inaudible). Smith's and the homeowners in the Valeri Place Subdivision have agreed that there will be a culdesac developed between the existing homes and the Smith's site. The park will be expanded a bit so that what was shown on that drawing as a new lot would actually not become a lot, this lot here would be expanded a little bit to include that. But the park would be expanded there would be a turn around, either a culdesac form or a stub form. The street that had been proposed originally to go through would be culdesaced on the other end so there would not be thru traffic. There • • Meridian City Council March 19, 1996 Page 50 would be a continuation of the meandering wall along Cherry lane and then a new wall constructed to the north and then the question of this hdwellown to be constructed at the would want that wall between them and potentially new ~'~9 back of the Smith's store. Then there would be a w ~ and stortential new residen es boundary between Glenncheed the morning alfter wenhad~he meetng with the Valeri Place here. I met with the fire homeowners and the concem that he had was that there be a p hvsi'coal connection for (inaudible) or a paved with (inaudible) some means of making de ' n We will continue emergency vehicle access and that can be worked out through 9 the process as we develop the plans for architectural all bust the1Oandscaping and the with the homeowners to make certain that not only the t of havin these some access issues be addressed. There ~ anor that wouldtfacethb ck of the store. I have additional lots behind the Glennfield M of these are site photos taken a month or two ago but the~reh e{ s Wa maw Bo se 9 wall, excuse me the Ware`~m~ their store and I was/not~here at the time they constructed constructed there at the ba but apparently acquired some residential units, removed){hoseoaa ~ 9ht neighbofiood, and a wall between them and the adjacent dwellings probably is a very peaceful place in a sense that there is no commotioB 9oi{ is°an o der the street from them. I can't speak to the a cage' ~e el that su prised me frankly for neighborhood but it is well kept and show something that was right behind a store. The Planning at ~e rezone comp) es wethtthe of all of the testimony and of the concerns concluded th coin rehensive plan that the design could be harmonious have GaneFunkhouser to k p values. I would like to ry would not be detrimental to the property for just a brief moment about traffic issues and then Joan s Butldeto any questio~nseln fact negotiation aspects with the neighbors and then we can re po we do have architectural plans that Mr. Scoffield canonddCrhees rf Lane the other drawl g This is the concept of the bace' at the back d the store. (End of Tape) is what would be taking p Gary Funkhouser, 827 LaCassia, Boise, was sworn by the City Attorney. name is Gary Funkhouser I am a Funkhouser: Mayor and Council as I stated by transportation engineer with Bell Walker engineers. I jusewdadntee tarerthe traffic mpact facts that were contained in oot Smith's Food K ng store with one out parcel at this site. analysis fora 60,000 square f The trip generation for an operation such as this wills e a ~ fee~gbastc on s~pr~mary tpp per day and the trip making for this type of site ~s, th of shopping or going to the is a trip from the home going direct to the site for the purpose hat is travelling to another out parcel. Then there is a diverted link trip that is a trip • Meridian City Council March 19, 1996 Page 51 location down such a street as Pine Street and would turn down Linder and come into the site and return back to Pine to continue on to whatever trip was intended for the final location. Then there is the pass by trip and that is the trip that is on Cherry Lane or on Linder headed for a final destination and will pull into the site, do the shopping and continue on. So it is not a new trip to that roadway. Pass by trip for an operation such as this is in the neighborhood of 50% of the total trips so approximately 3300 of the trips going to this will already be on Linder or on Cherry Lane in other words they are not new trips they are added to any congestion that may be in the area. When I am talking trips this is not cars, a trip has a beginning point and ending point in other words a beginning point at Smith's going back to the home or starting at another place and ending there so we are talking about 1650 new cars to this area. As far as the distribution where they are going to be heading and entering and exiting to the site approximately 11 % will be going to the west on Cherry Lane, 58% will be either coming or gang back to the east on Cherry, 16.5% on Linder to the north, 14.5% on Linder to the south. This doesn't totally give a true picture of the traffic in this area because trips are already being made on this street to do the same type of purposes. In other words you have a Albertson's store here now and its location down at Meridian requires the people in this area to be travelling on Linder and Cherry to get to that site to do their shopping. So the total 3300 new trips or even the 3300 pass bys are already making some of that trip making going down to the Meridian street site. We cannot estimate those at this time so some of the numbers we are presenting here will actually be less impact to the roadway than stated. Even with if we take it all into account the intersection where your primary problem areas occur in congestion at signalized intersections it is can-ently operating at service level C and will continue to operate at service level C once the site is in full operation. The level service C is the planning capacity that has been adopted by the Ada Planning Association for the County. It is a goal they are trying to achieve. With that (inaudible) I would be willing to answer any questions at this time. Joann Butler, 607 N. 8th Street, Boise, was sworn by the City Attorney. Butler: Just briefly, as Mike has mentioned, the Planning and honing Commission did find that each of the comprehensive plan goals and objectives did support this rezoning. The passage that Mike provided the Council underscore the comprehensive plan's concept that developing neighborhood areas can only become identifiable neighborhoods when the City neighborhood oriented facilities such as Smiths. Each of the findings that the Commission and that the Council must make in order to make this rezone the Commission clearly did make in its findings in connection with this rezoning application the findings and conclusions that the Commission provided the Council actually beginning on page 16 of those findings allow the City Council to rezone this site to neighborhood business or CN. However the last recommendation that the Commission provided Mike alluded to and that was a recommendation that a park be provided just west of the Smith's site and maintained • • Meridian City Council March 19, 1996 Page 52 b the Valeri Place Homeowners Association. The Comn ishbors o Valeri Place trying Y and as Mike mentioned we had ongoing meetings ~nnth e 9 to identify various options that would work for them and ents b stlafF in which they found least for the Commission did not work and given the Comm the Cit which is why it was the park would be too small tmaintain that Ipark.aThat in our meetings with the neighbors recommended the Valeri Pla was found to be not acceptable and found those costs too hrghat the'neaghborstcould not would wind up to be a public park: Once it became clea acce t that particular option we worked again on the other ~ of thetsite MWe met with the P providing homes both at the north and over to the west e neighbors again last week at the Cheny Lane church a have a Vr vate agreement between to the final agreement with the neighbors today. We do P the Valeri Place Subdivision homeowners association ando emit°U'sn ahmomen't to provide representative of the neighb arha o e ment that we havebeached. -Mike has already talked the Council with a copy of th g about some of the details so I won't go into more dC ~ that the s to be z'on d CN oe Commission has unequivocally recommended to the Coun and staff and Commission neighborhood business. We have worked diligently with the City and our neighbors to mitigate the concerns that weesree~ued a k ng the Council Son ght private meetings and in public testimony. So we are r PI at its next available hearing and to adopt the recommendation of the Commission hopes y If there are no questions of the approve this site for CN or neighborhood business zoning. Council uestions for the attorney? This is a public hearing is there anybody Corrie: Council, any q from the public that would like to testify? Jack Muldoon, 2080 N. Nyborg, was sworn by the City Attorney. Muldoon: Mr. Mayor and Council, members, I am just herein here~l am one of those s lent on Cherry. Lane. We have lived here now five years we ~ people and their plan is very well done and we are not here against Smith's eoiuhcearrbewhat s we would like to see Smith's some place in MeridianonuCh9ary Lane there is so much happening right here tonight. Everything is going tanning out here. If we could have had a green line fro oM t ~ P~ann ng and Zoni Bg for P Cat saying that is residential, I worked in the Twin Falls Y seven years and lived in Twin Falls County for three res dent al hey could depend on section of that town that all people moving in that was it. Your comprehensive plan won't be worth much unlesndYerfula roposaltbutNthis istn t the residents, it will protect thhose threle s (Ic~oots thhere will be four schools soon. Pull on protecting that neighborhood, • Meridian City Council March 19, 1996 Page 53 • Linder about 7:30 in the morning at that intersection. We didn't cover the delivery trucks and many other things that will be there. I just ask you tonight really consider this, Cherry Lane will be a City of Meridian if we don't. It is residential now and I ask that you keep it residential. Thank you very much. Corrie: Any questions from Council? Thank you, anyone else from the public? Larry Wolf, 960 Broadway, Boise, was sworn by the City Attorney. Wolf: We have an interest in a lot that would be in the house, I have a builder that I talked into building this. On the proposal I would just like to address that it is of a concern to us. The block fence that was proposed to come up the back side here would actually really put a shadow on this particular house right at this point. I sell real estate and I am a partner with the builder on this particular house. We have an opportunity to sell the house and it is a deal maker if there is some additional space between the block wall and the house. So it is something that we would like, this hadn't come to light, the builder, to tell you a little bit on that. We are not opposed to Smith's, the builder has had a real nightmare on the house, it is an extremely nice 2200 square foot house. It has an appraisal value of $188,000 on it and he is at $161,000 to get this offer and that would with working out with whatever with Smith's if there was some additional space. So it is a concem with us and I just wanted to go on record that we do have that concern. Sharon Litzbauer, 1922 W. Kastle Falls Way, was sworn by the City Attorney. Litzbauer: First I would like to hand these out. That is the agreement that Joann Butler just spoke of between Smith's and the homeowners. I would just like to say briefly that I am prepared to speak on behalf of the homeowners in Valeri Place Subdivision No. 1 and at this time we are not here tonight to oppose the Smith's development at the location of Linder and Cherry Lane instead so far we have entered into the agreement with Smith's provided that each parry fulfills (inaudible) on their behalf. So we would just like you to put that into the record make it a part of your facts and findings for your conclusion on this development. I would be happy to answer any questions. Corrie: Any questions? Any further public testimony from this side of the room? Georgia Mackley, 1287 Santa Rosa, was sworn by the City Attorney. Mackley: I just want to go on record that I am in favor of the Smith's Food King at the corner of Linder and Cherry Lane. I do live in the Vineyards Subdivision and I drive the intersection of Linder and Cheny Lane anywhere from 7:30 to 8:30 in the morning. 1 think that this corner and the traffic would accommodate a Smith's Food King and I don't see • Meridian City Council March 19, 1996 Page 54 any impact or very much of an impact that Smith's will have in that area. Thank you. Paula Devaney, 1703 W. Sunny Slope Drive, was sworn by the City Attomey. Devaney: Mr. Mayor and City Council I am very much in favor of Smith's coming to this location also. I live in the Vineyards Subdivision which is just a short distance from the proposed site. It think this is a good opportunity to bring additional services into my neighborhood. The City's comprehensive Plan states that the City will promote the development of high quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods. Smith's has presented a plan which fits this criteria. I would however like to address the City's reluctance to accept the area on the west end of the project as a park. While it has been noted that the City is not interested in parks which are less than 5 acres there was just recently an article in the Idaho Statesman regarding the Police Activities League and Capital Youth Soccer feuding over the few soccer fields available. This land could be developed into two or three additional soccer fields which we need much more than we need nine more houses. Having one large park facility at the end of town does not meet the needs of neighborhood parks. We need soccer and football fields or softball fields that residents can walk to. This will form identifiable neighborhoods that the Comprehensive Plan refers to. As more commercial development comes into neighborhoods we should not be passing up a golden opportunity to partner with the developers and building park facilities such as these playing fields. The City could most likely get help in maintaining them from the soccer leagues or softball leagues or other leagues who would be using them. The City has a long way to go in developing the 50 plus acres that we are currently looking at for a park. In the meantime these smaller areas can and should be developed especially when the developer is willing and able to do more than simply set the land aside and actually develop it. I hope you will approve Smith's Plan regardless of what you do with the park area. But I would like to see you reevaluate the idea of putting in a park that would contain soccer or some other playing field. Corrie: Any questions of Paula? Any further testimony from this side? Over here now. Dan Bachini, 1745 W. McGlinchey, was sworn by the City Attorney. Bachini: First is Smith's going to be here to stay? I will quote Dow Jones news retrieval, it says, "the company comparable store sales for the full year fell 3.4°~ of those last year. In a press release the company contributed the weakness in fourth quarter sales to a significant number of competitive store openings in most marketing areas." So we have an Albertsons, Fred Meyer and possibly a Waremart going in here. In addition to aggressive price competition in the company's southern California region where they are closing I believe 33 or 34 stores. And I think it was the Idaho Statesman that said that only • • Meridian City Council March 19, 1996 Page 55 one was sold the rest were going to be closed. Then I haven't seen these before these pictures and we live just north, there is the vacant lot now and we live right there, our fence is right on that lot. So we haven't seen these drawings at all, we haven't talked to Mike recently at all in these newest negotiations. I have a few questions for you and some of these pictures that I saw earlier. (Inaudible) is that, I think what Shari Stiles said, is that a concept or a plan of the landscaping in. the back? What type of trees, the size, the quantity of the (inaudible) back here. Are they going to make it beautiful or just put a few trees and they will maybe mature in about 15 or 20 years. There was another one there when they had a drawing of the building when they first brought it up they said there was no, all the deliveries were to the front. One of the pictures they had side deliveries and there is a big difference between the side and the front because of the noise. There the wind blows east to west or west to east. So I am worried about noise. Does the City have an ordinance for noise, like if it is above a certain decibel for the air conditioner, freezer compressors, what is an acceptable level? Corrie: We don't don't have one of those. Bachini: You don't have one of those so they could say it is not too noisy. And who is to say? And then what happens if the truck deliveries and street sweepers 1 think they said at 7 a.m. to 10 p.m., if they don't abide by that, is there anything that can be done about that? How can it be enforced. Behind the store are they going to make it a dead end with this nice park back here. I brought this up before, it is a perfect place to go and drink beer, have sandwiches or chips after work and how is that to be policed. What about the trash from that. Then the lots that they are talking about there six or seven lots what type of houses are going to go there. Are they going to be single family or are they going to be apartment houses or duplexes? That is all i have to say. Corrie: Any questions from Council? Mary Ann Christman, 3416 Emerald Creek, was sworn by the City Attorney. Christman: I am here for a couple of purposes,. number one I do represent the two people that own the properties on the corner of Linder and Cherry Lane so there is an interest in that respect that the deal goes through. However I have a greater interest and that is the fact that I am a resident of the Meridian area. I live right now in Parkside Creek Subdivision. I am a real estate agent and have been here for a couple of years also licensed in Arizona. So I have been selling real estate for quite some time. My concern is I do a considerable amount of business in the Meridian area and I am getting consistently comments over and over again from people who are looking to move into the Meridian area and people who are currently living in the Meridian area that there is no good support in the way of shopping. I here this almost on daily basis. I have currently ten • • Meridian City Council March 19, 1996 Page 56 lots in Parkside Creek that I have optioned. So I do quitento better lo'cation'for themebeing area. They are glad to see that the Albertson s is coming eal to them as much out in the Chevy Lane and Ten Mile area. However that do nsn's'tuation. Two Albertson's as the Smith's simply because it iaboutathey weould much prefer to see the Smith's in the is not really what they are happy area because that offers the competitive situation. he reLane~s~ aestreet thalt they trave the Smith's is going because they do feel that C ry in oint for them. Right now frequently as it is and that is going to be more or less a stopp g p they are travelling Cherry Lane to go to the Albertik ns about quite a fe'w peopleah t traveling that distance. When I am saying them I am to g I talk to on a daily basis. There is really. a major co I~ Ve a much~ke to see' happen a'nd and the location of Smith's is something that they wou ry myself as living in that area and having to travel to of nt That is atlell have tousay. anted to convey that I hear almost on a daily basis at this p Corrie: Thank you very much, any further testimony? Charles Kline, 1722 W. McGlinchey Street, was sworn by the City Attorney. Kline: I just moved recently into the area and I have only lived in the area about a month. I grew up in Michigan and recently where I grew up we had a grocery store area on the corner of our, basically in the same situation that woeu ds there washalways a lot of trash concern that we had was the maintaining of the gr and from people going into the store, buying can of cokte ae da ero utting the trees up in the as they walked home or whatever. Smith s is saying y P back of the store to help maintain to beaut make surebt stays clean and not become full who is going to be maintaining this area to of trash. Right now that is my major concem. That is all I have, thank you. Corrie: Anybody else on this side of the room? Marceda Bachini, 1745 W. McGlinchey, was sworn by the City Attorney. Bachini: I would like to know about the truck traffic at d 30en the morning when thetdark coming because if they are coming in the dark bicycles are being ridden by dark clothed middle school kids I don't think it is very good for the City of Meridian. We have had a traffic count as far as trucks coming but nothing on trucks. Corrie: Thank you, any further testimony over here? Who would like to answer that? • Meridian City Council March 19, 1996 Page 57 Wardle: Mr. Mayor and Council members I will probabl few thatr• have beenf ra sled thatgdo up and address one or two of the issues but there are a merit response. The delivery schedule and I do need to schedule as been committed to you bring that one back up to me please. The delivery being not earlier than 7 a.m. and not later than 10 p• d'storentheae is norservice oof any sort Mr. Bachini did talk about the fact tersolnnel a ~ess n the case of some kind of emergency at the back. There is emergency p 9 or fire that would allow people to escape. There no Smiths peoplethat would go out routinely used and to my knowledge there would be those doors to take their coffee breaks or sandwich bses done wt hin wells9hatthavea14 of the store. The access that is provided for the vendor foot tall screening walls and the truck traffic does a~rutauall of all of theibstorest Th sSs ramps. This is consistent with what Smith s does in Y a concept that I have even seen Albertsons in Boise h ~ ften those) trucks come shthe with respect to delivery and Mr. Nielson can talk about same with regard to any sweeping, 7 a.m. at the earls time0 The only th ng that they can't are they will control that to even a more moderat control is snow removal under conditions that would requi~rlervg c en made conce Wing the night to do that. There were a couple of comments that drawings that he had not seen before. I called and d to his homera ong with all of the Planning Commission meeting in fact I hand delivers others on McGlinchey information with an invitatad no rest' nse fromtthemvwe did hear neighborhood to get together and talk with us. We h Po from the Valeri Place neighbors. The question about ~ was resented to the C mmission landscaping plan and this was part of the exhibit tha p This is a plan that shows at the earlier hearing and has been in you files for safe keeping. what was being approved at the back of the store at 36th and Good Street in Boise which is an older neighborhood but there are existing resideW hsththalands ~tping at the back s wanted to protect. So the concept that is shown here Ian that has all the plant materials not just a loose scheme this is the actual landscape p and shows exactly what was done. This is part ofehn s eaThe n~oiseacompressors all of possession for the last month or so and it will rem the mechanical equipment is internal to the buildi agtu ~ sitesftotally on the t p'that compressor or fan wells. So that there is nothing that Y would be exposed. The noise and essentially all oVehe drac~9questiont The question Scofield the architect could address that if you have a ry spe then was what type of homes would be proposed fore value of the homes of the Valeri you will find that there is a difference m probably thto this there is a difference in size. Place versus the Glenfield Manor that backs right up Several of these homes are single level, well single store b~bdiv sion fet that needed to'be with the homeowners in both areas if the Valeri Place S • • Meridian City Council March 19, 1996 Page 58 annexed into their area which they are not indicating at this point they it would have to conform with the standards and conditions that would be applicable to them. It would certainly be compatible to what the Glennfield Manor homes are. These lots in fact are larger than the Glenfield Manor lots that back up to it. We will work with those folks to assure that some of the same concerns of the Vaferi Place Subdivision people have addressed or taken care of. As far as the maintenance and trash that is a problem with any commercial area. In fact if you go up and down the vicinity now you would find that there is a certain amount of that that occurs from the students that are going past the Maverik and picking things up and dropping them. That is something that has to be policed and Smith's does, in fact I lived for nine years in very close proximity to a Smith's store before I returned to Boise three years ago and they did a good job. They controlled all of their trash is actually internal to the building so the compactors are all inside and when a truck comes to take the trash away they are not out at the back of the building and nothing is loose, they pull those out of the building and take them away and return and place another unit into the building. So I will stop there, David, if you have anything that you feel you need to address on the way the stores operate or Terry on the architectural and if the Council has any questions you would respond I trust. Corrie: Does the Council have any questions? Crookston: I just have one, Mike, there already is for lack of a better name there is a park like setting that has a structure in it like a gazebo. Is that still going to be there, what is going to happen with that lot? Wardle: Yes in fact that is the homeowners have requested that it be expanded slightly. Right now it is in kind of a half crescent shape. There is a volleyball field, a gazebo and a playground unit. They would like that to be expanded so that remains, that is Homeowners Association owned and operated. Bentley: On Lot 29, the gentleman addressed the issue of moving the wall. Wardle: We actually had not proposed a wail in that location. The homeowners raised the question and then left it, in the agreement I believe it leaves it up to that homeowner as to whether or not there would be a wall and what. size it should be. Our original discussion with the homeowners suggested that the wall come up to this location and then tie back to the building so that you have not a street connection but a visual connection of residential to residential. And certainly if that homeowner I think Smith's would be willing I think the gentleman is suggesting they would like to move that property line a little bit more they don't want a ten foot wall but something, if there was a wall with a little more space on that side we are willing to work with them on that. Meridian City Council March 19, 1996 Page 59 • Bentely: Also, along the top between Glenfield and there is that a wall in there too? Wardle: It is shown as a masonry wall. What was again, the homeowners in Valeri Place even though that is not their property line did request that the materials be the same all the way through and including down that line. We would like to work with the Glennfield Manor people to make certain that their interests and what character that wall would have would be met. We offer that opportunity. Bentley: You haven't had any negotiations or agreements made with Glennfield have you? Crookston: Mike, I certainly may be wrong but I am recalling that it was indicated that the store would be a front loading store and now it is a side loading is that what you are, it appears to me that could be called front but it is from the side. Wardle: This is the same site plan that is folded up in the file and also presented earlier. Front loading in the context that there is no service access at the back, yes you are correct it is side but it is all within walls that project down the side of that building so that from the side it would not looking like, you would not see the trucks they would all be behind that wall. So front loading but on the ends. Rountree: Just for the record, the lots that you would be proposing in the culdesac behind the store would meet the minimums for R-4 correct? Wardle: Correct which is a minimum of 80 foot of width and 8000 square feet. Rountree: It was mentioned that the trips to the site and out parcel and I think my question is answered when you flipped up the tissue paper, I see a future pad there on the comer. The question came up about truck traffic can you address that? Wardle: I am going to have Mr. Nielsen address that, I don't know. Rountree: I have one other one for you. Sequence of construction, if this were approved specifically the residential? Wardle: I didn't work on the details of the agreement but my understanding is that we would proceed with applications whoever, it could be the existing land owner or Smith's would proceed with residential applications so that there would be activity taking place on the residential development and. that the wall would be constructed either before or concurrently with the store so that would take place at the beginning of the cycle and not the last thing that is done. • Meridian City Council March 19, 1996 Page 60 • David Nielsen, 1550 South Redwood Road, Salt Lake City, Utah, was sworn by the -City Attorney. Nielsen: Smith's will typically have around 12 to 15 semis per week that will come in and service the store which averages out to about 2 a day. Which again would be limited from- ? a.m. to 10 p.m. for the unloading. Corrie: I have a question on the residential, you have six lots, will Smith's be the developer of those lots then with a homeowners association and the whole program? Nielsen: I think Smith's would try to sell those to a developer. Corrie: Any further questions? Thank you, Council any further questions of the Council to anyone? Bachini: Okay, the question of the compressors even though they are recessed how much noise do they emit anyway when they all kick on because you are talking about major sized compressors for the freezers, refrigerators and air conditioning. And the trucks you said, if there are 12 to 15 semis a week, we had a business by a grocery store and they also have size of semis that are beer trucks, coke, Pepsi, chips, milk, bread, that type of truck, how many of those a day. Bread trucks come daily, coke comes daily I believe, Pepsi, in the summer they really come often. How many of those a day are there going to be. The other thing is how can they prove to us that there is not going to be a decrease in property value, they won't decrease that is what everybody is saying but how do we really know that. Nobody has checked with appraisers, other places where they comparable studies. You can't compare Fred Meyer because those houses are 200 to 300 feet behind the store. So that is just a concern, we have owned a lot of property and I definitely would never get anywhere near a grocery store after being near one and to see what happens. Oh, another thing about the trucks I forgot, when they go down are they completely (inaudible) 13, 14 foot high but when they release their brakes or drop in trailers transferring trailers they come in with a set of doubles they drop trailers and pick them up again.. So there is noise pollution there too. (Inaudible) backwards and forwards and I am just (inaudible) the noise is really major along with the lights because now we can see the stars but once they tum those lights on I doubt it. It is going to be pretty bad. Corrie: Does Council have any further questions of anybody at this point? Crookston: 1 have one, of Joann Butler. This is totally just a question, I thought there was more than 2.698 acres that is going to be developed as the Smith's shopping store. Butler: I am going to have to have Mike tell you exactly the size of the site. • Meridian City Council March 19, 1996 Page 61 Crookston: The reason I ask about the 2.69 that is in you{eett2 fig acees adjacent to'and person in connection with this development of approxima y east of the Valeri Place Subdivision. ler: That would be this area right here in the area directly east of Valeri Place and west But of Smiths. Corrie: Alright, any further discussion Council? Did you get your answer to your question? Wolf: My predicament is I have to have some kind of answer for thi{ eers°o arty We have make an offer on the propert ere terra oranly to kand tof ssoft t! We gota builder that is a rented it and put a renter in th p small time builder that has a $1200 month constructi hino Was the~e I th n'k would have1no is what is killing it. tf the store existed and everyt g impact. I think it would be minimal as far as the impact that r dicament that the person~l somebody not knowing what is going to go on you have a p just want to know that we have an open door on figuring customaerN oes awoaygtthasobeen that wall along side. If she buys another house and that 9 (End of Tape) Butler: Just to clarify and contained in the lettee talked abo t was the owner of Lot 28, representing the homeowners association what w Block 2 would have the option to decide whether or not the he was of the opinbon that this home. In talking to Sharon Litzbauer earlier this evening should be a decision made of the Homeowners Associatd~iual lotoownersn As faetastwe aae is up between the homeowners association and the indrv concerned if that particular lot owner wants the opti that the association) and'thetparticular or not it would be up to them. It may be something owner want to work out themselves too. As far as Smith's is concerned that option is there for that particular owner. Crookston: The City does have a restriction. on the height of fence. Butler: Correct, originally when we talked to the owners ~ he het aestrict on on 8 foo9 n about putting a ten foot wall and we did remind them of 9 the zone and also wanting to try and make that walllcoX feett alt gradeat goes'up to 61/2 along Cherry Lane which is from the front of the wal feet to the pillars and then behind the wall would that an7e. /2 feet. So what we are going to attempt to do is make that compatible within 9 Crookston: Is that where the wall would be constructed, is that part of the CN zone? . .. ~ ~ Meridian City Council March 19, 1996 Page 62 Because the height in residential is 6 feet. Butler: It would be in the CN zone on the Smith's site itself. Corrie: Any further comments from the Council? I will close the public hearing at this point. Counselor, comments as far as new material? Crookston: I think we had some new material plus we have some new evidence. We need to have new findings of fact and conclusions of law. Morrow: So moved Rountree: Second Corrie: Motion made and seconded by Mr. Morrow and Mr. Rountree that we prepare new findings of fact and conclusions of law, any further discussion? All those in favor say aye? Opposed? MOTION CARRIED: All Yea Corrie: I want to thank everybody that did testify tonight. Crookston: I think that, I would just make a statement, at this juncture Smith's should be congratulated on working with the neighbors. ITEM #17: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GROUP DAY CARE BY KATHLEEN LAWRENCE: Lawrence: I have read the facts and findings that I received yesterday and I just wanted to request an exception to the restriction of the hours that were placed in the facts and findings. I have a letter here from one of my mothers. I am working full time presently and I have a very probability of three children to start my child care out with. Unfortunately those three parents work swing shifts and with the restrictions of hours that were in the facts and findings 1 would have to start the child care facility out with zero children. May families today are looking for after hours care, it is very hard to find it in a child care center or a home care center. I preferably like to work 9 to 5. In enclosed a daily schedule to show that I do plan to be very considerate of my neighbors as far as after they come home from work t don't want the child care center to be obnoxious or not to be harmonious with the neighborhood. Corrie: Anything further? ~ ~ MERIDIAN CITY COUNCIL MEETING: MARCH 19.1996 APPLICANT: SMITHS FOOD 8~ DRUG CENTER ITEM NUMBER; 16 REQUEST; PUBLIC HEARING: REZONE REQUEST FOR 8.34 ACRES TO C-N 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: COMMENTS P ~ Z MINUTES FROM 1-9-96 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: "REVIEWED" lV SEE ATTACHED COMMENTS ~ V ^^ ~~'' 'U" c~' ~~ ~c ~ /~~~ V SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: AI! Materials presented at public meetings shall become property of the City of Meridian. ., ti ~ Meridian Planning & Zoning Commission January 9, 1996 Page 36 Johnson: Are there any questions of Don? Thank you, anyone else? Seeing no one then I will close the public hearing at this time. Hepper: Mr. Chairman, I move we have the City Attorney prepare findings of fact for this development. Crookston: We don't have findings on preliminary plats. Hepper: I move we approve the preliminary plat on this with the stipulation that the landscaping on Dove Meadows No. 1 be tied in with the landscaping of Dove Meadows No. 2 that No. 2 be completed before the final plat on No. 1 is signed off or that No. 1 is completed before the final plat on No. 2 is signed off. Shearer: Second Johnson: A motion on the floor has been made and seconded with stipulations to recommend approval of the preliminary plat, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR REZONE OF 8.34 ACRES TO C-N BY SMITH'S FOOD AND DRUG CENTER, INC.: Johnson: I will now open the public hearing and invite the applicant or his representative to address the Commission. Mike Wardle: Mr. Chairman, I am going to propose to make the presentation from the side because of the exhibits that most of crowd apparently would like to see. So if you will (inaudible) Mike Wardle, 50 Broadway Avenue, Suite B, Boise, was sworn by the City Attorney. Wardle: Mr. Chairman, members of the Commission I would like to introduce some individuals that are here representing Smith's application this evening. Again I am Mike Wardle dealing with planning issues. David Neilson, from Smith's out of Salt Lake City, Doug Kowallis of Crest and Company, who is a real estate representative from Boise, Teri Scofield and architect from Boise that does all of their site architectural work, Joann Butler of Spink and Butler and attorney from Boise and Gary Funkhouser of Bell Walker and Associates also of Boise to deal with traffic issues. Several will speak, all are available to answer questions. We do our take our responsibilities seriously of providing information to the Commission and to the community in temps of dealing with the request for a change Meridian Planning & Zoning Commission January 9, 1996 Page 37 of zone. The parcel in question lies north of Cherry Lane, West of Linder Road, approximately 7.25 acres in size. Thee change proposed is to go from an existing R-4 single family residential zone to a C-N neighbofiood business. The area in question lies in what might be described as the bedroom community of Meridian that being generally the western side of the City. The proposal by Smith's is fora 60,000 square foot front load store. I want to stress in terms of the-front loading aspect, it means tha~E there is no service to the store in terms of truck activity at the rear. All of that service occurs on ramps either in the front of the store with screening walls on both sides of those so that there is other than for purely emergency vehicle purposes there would be no service activity to the store at the rear. The area in question is somewhat interesting and unique in that there is already existing C-N zoning to the south with a Maverik station directly across the street on the corner, next to that are two other small C-N businesses, a Dominoes pizza and a car wash. There is also undeveloped C-N zoning southeasterly on the opposite comer of the southwest corner of that intersection. The process that we have undertaken began in October when we met with staff representatives of the City to discuss issues of concern with that would need to be addressed by an application. We followed up that meeting in October with a meeting at the Meridian Assembly of God Church on the 9th of November in which some 80 area residents came and expressed their opinions and concerns. Among the concems expressed deaft largely with traffic, concem for crime, proximity to the schools and property values. There was also some quiet support expressed that evening in written form particularly by senior citizens who live in the area that desire to have services closer to them. In response to some of the impacts there have been some changes in the proposed site plan. Originally at that hearing the building was substantially to the north with just a buffer between the store and existing Glenfield Manor residents. We have moved the store southerly and proposed an extension of the public street somewhat close to the original alignment. Originally the preliminary plat for the subdivision brought it in about this point where it would connect back as it was platted in the first phase. By moving the store south and adding that street Smith's is proposing then to develop and addition 6 lots that would provide the buffer between the store and the existing residents to the north. That buffer at the back of the store then would be a 25 foot landscaped area again with no service activity at the back and so the building height of 26 feet with a berm going up the back and then the landscaping both in terms of sod, ground treatment and a lot of vertical activity would provide a buffer between the proposed new residences in the back of that store 'rn this area. This illustrates that 25 foot buffer. That is the same buffer, in fact this rendering is from a store that was approved in Boise across the street from. an existing single family neighborhood. That was the solution that was worked out with those neighbors and the City staff to assure that there was buffering against those residences. In addition, the other side of the concern that the residents had expressed particularly those that were in the Linder Falls Subdivision area was what would occur between them and the proposed building. There are 2 options, the first is illustrated by a culdesac which is close to what was originally proposed in the preliminary plat ~ M Meridian Planning & Zoning Commission January 9, 1996 Page 38 application. The second option would be the discussion with and possible dedication to Meridian of a 2.7 acre park. So those are the two options for the way to buffer existing residents in that subdivision, that is two additional rows of houses or the possibility of a neighborhood park that can serve for other purposes in that quadrant of the comrtiwnity. Question concerning the schools related also to the issue of crime as expressed by some residents in the area at that point. One of the things that we assume is that there is nothing that currently precludes students from those schools to go to the Maverik store across the street or to get into their vehicles and to drive a mile to the east to the Albertsons and other commercial complexes in the area. While there is certainly a concern this is not something that is unique or would be a problem because of a Smith's store at that location. Traffic issues will be addressed momentarily by Mr. Funkhouser of Bell Walker. Question of why there was on the minds of many of the people that we met with. Commercial services are predominantly located on the easterly side of town either in the Old Town area ar to the southeast or further to the east. This is a map that shows existing commercial zoning and some L-O parcels and of course the schools that are in the area. The only proposed commercial activity that has been discussed out here is the Albertson's proposal for a store at the corner of Ten Mile and Cherry Lane. That is just exactly a Mile to the east of this application shown in the pink. There are no neighborhood services of the type discussed in the Comprehensive Plan to serve this large bedroom community of Nl~ridian Currently. The only thing that is available is the Maverik Station, the Dominoes Pizza and the car wash. There are some scattered items, there is a day care center here, there are a number of churches in the area. So there are services that are coming to the floor but nothing of a commercial nature that deals with the neighborhood needs. Albertsons obviously recognized that problem and need when they proposed their store a mile to the west. Now in comparing and contrasting the iwo applications both Smiths and Albertsons abut residential. Albertsons is contiguous to Parkside Creek and to the north of course the long established Cherry Lane Village project. The proposed Smiths project is contiguous to (End of Tape) only Smith's of those two applications is contiguous to other existing C-N zoning. Two of the other three quadrants of that intersection are already established C-N zones. Only Smith's proposes to buffer the existing residences with additional residences or a park and take the risk that those units with the knowledge of the stores coming would be marketable. Only Smith's compliments the characteristic of a neighborhood where services are congregated at a transportation (inaudible) surrounding residences, schools and churches. Only Smith's proposes the potential of a neighborhood park to buffer that area if in fact the City is interested. I am going to just hand out an item for the record so that each of you can read. These are citations from the Meridian City Comprehensive Plan that address. I am only going to read one item from these two pages. The Meridian City Comprehensive Plan is generally silent with respect to changes or improvements within what t hey term as the existing urban area. It is a large area on your comprehensive plan map (inaudible) it does not show future facilities even though some of those facilities will be required. I would like to read just one paragraph that. is sited here it is from the ~ N Meridian Planning & Zoning Commission January 9, 1996 Page 39 comprehensive plan document of December 1993. It says and it is referring obviously to these areas that don't have the benefit of a proposed comprehensive plan some kind of a bubble in another location. And I quote "Within the community there are unique neighborhoods which comprise the Meridian urbanized area. Only a few of these have traditional neighborhood characteristics. Others are essenfially developing districts and contain some elements of traditional neighborhoods. But at present they lack nearby schools, churches and commercial support .services. In time the developing districts will become neighborhoods as the community continues to expand and develop neighborhood facilities and services." I would like to conclude my comments by just taking one last look a this zoning map that demonstrates how this proposed application and actually works to complete elements that are considered in the Comprehensive Plan and articulated in those two pages to provide neighborhood services on sites ranging from three to 8 acres as a neighborhood shopping center is defined. Where the concentration actually is already begun with C-N zoning on two of the four quadrants of that neighborhood with other vacant land around it that could well in the future be coming to the City for changes of zone. It is also a location of where buffers can be provided. A neighborhood center is already established. I would like to have Mr. Funkhouser of Bell Walker Engineers talk to traffic issues briefly then I believe that Joann Butler has a few comments and at the conclusion of the public testimony we request the opportunity to respond. Thank you. Gary Funkhouser, 827 La Cassia, Boise, was sworn by the City Attorney. Funkhouser: Again, I am a transportation engineer with Bell Walker Engineers and we prepared the traffic impact analysis for the proposed development. The analysis was based on the 60,000 square foot shopping, or the store with one out parcel. The estimated trip generation for this site will 6600 trips per day. Now, the trips are, there are three types of trip making when you do an analysis like this. One of them is primary trips, that is a trip from a residence that is heading directly for this site. Then there is a diverted link trip where by you are travelling down another roadway and you divert over to this site and then head back to your next destination you were headed. Then there are pass by trips where you were currently on the existing roadway and you tum into the site and turn out and continue on your trip you are already on that roadway. Now, the new trips to the site are primary trips and diverted link, in other words those are other trips that will be coming to this site aren't currently headed in that direction. Pass by trips are estimated for this type of development at approximately 50% of the 6600, in other words approximately 3300 of those trips are already on the systems that are already going by this site. This also doesn't give you a true picture even though those other trips are going to be destined the primary trip and diverted link are going to be destined for this site some of those are already currently on this roadway headed for the existing shopping that is available for them. In other words the only store of this nature the center of this nature is down at the Albertson's site therefore the people in these areas and some of these are already on that 4 N Meridian Planning & Zoning Commission January 9, 1996 Page 40 system. So, it really doesn't give a true picture but there is noway of estimating how many of those are going by this site already that will get to the Albertsons that will actually be stopping short of that and changing trip patterns on certain sections of the roadway. There was some concern about the schools, in other words what the trip making characteristic of this will have on children going both to the high school and the junior high. During the a.m. portion in other words around the 8:00 o'clock time less than 2.2% of the trips are generated totally during this site will be coming there during that time frame or less than 120 trips at the 7 to 8 time frame when children are going to school. In the afternoon that is about 6.5% of the trips are heading for this site when children are going to and from their 3:00 o'clock dismissal. time. And again those same trips, some of the same trips are already currently going to the shopping that is already available on Cherry and Fairview Avenue. The roadways that are serving the site are both arterial roadways, they are both minor arterials, one is a five lane and one is a three lane. The existing capacity or the existing level of service at this intersection is a level of service C which is desirable both by Ada County Highway District that is their level of service at this intersection. It will remain a level of service C when this thing is completed. The change in average delay by addition of this is average delay of one extra second per vehicle on an average because of the addition of this site. Unless you have any questions that is what I have to report at this time. Johnson: We may have some questions but we will listen to the entire presentation and see what we have. Joann Butler, 607 N. 8th Street, Boise, was sworn by the City attorney. Butler: What I have just handed out to the Commission was a set of findings for approval for the Commission to peruse at tonight's hearing as they make their deliberation and vote tonight whether to not to approve or not the rezone. And also for use by the City Attorney as I know the Commission will direct the City Attorney after they take their vote tonight to prepare findings of fact and conclusions of law. What we have done with those findings for approval is taken the criteria this commission has to assess in connection with any rezone whether it be this Smith's site or any other site within in Meridian. Those are found in 416K of the zoning ordinance, listed them out and provided you the information t hat you need to make those particular findings. That along with the other verbal and written and verbal testimony that is presented to you will enable you to make the findings that you can rezone this site to C-N neighborhood business in compliance with the comprehensive plan. I am very pleased to be here tonight on behalf of Smith's representing them in Meridian. I worked a little bit on the comprehensive plan on behalf of some other clients back in 1993 and was able to see Meridian in its process when it went through and tried to define what it meant by its various goals and what it was trying to accomplish. And back in 1993 Meridian clearly was trying to identify maybe stemming from its last comprehensive plan ~ M Meridian Planning & Zoning Commission January 9, 1996 Page 41 when you tried to identify neighborhoods. Meridian in 1993 really made a concerted effort to try and define what it meant to be a neighborhood not just a residential area here, not just a commercial area over there but what it meant to integrate and what it would take to make that integration possible. One of the things you did and the particular passage that Mr. Wardle read out of the comprehensive plan that some neighborhoods throughout, some residential areas throughout Meridian presently lack facilities, presently lack commercial facilities but the City would do what it could to encourage and promote commercial facilities and other facilities in and next to neighborhoods so as to promote identifiable neighborhoods. Places where people could walk, more readily, didn't necessarily have to travel so far in their car to create that sense of neighborhood. Just a little anecdote I happen to live in an area that was once might have been perceived as a sea of residential. A large supermarket, not Smith's moved in just down the way. There was a lot of consternation, neighbors were concerned, they brought up a lot of good questions and a lot of good concerns. They met with the developer, site plans were changed a bit, it didn't alleviate everybody's fears always, but now it is several years later. My neighborhood what has happened is it has turned out to be in someways a public place. A place where neighbors didn't see each other because they were in their cars now have a place where they can recognize, sometimes talk to each other, it is an identifiable place and it helps that neighborhood become a neighborhood. The site is intended to be developed under all the existing regulations found in your zoning ordinance and you subdivision ordinance. We have pointed that out in those findings of fact beginning on page four of those findings for approval we list out all of the goals of the comprehensive plan. Each of which encourage and support this rezoning. This rezoning next to a residential area at a transportation Hale that will help provide the community services that a neighborhood needs. Again that continuing theme happens throughout the comprehensive plan. It is summarized on page 6 of the comprehensive plan that again residential areas only become identifiable as neighborhoods as they have the other facilities that they need. In keeping with State law and Meridian's ordinance the rezoning of this site will implement the goals of the comprehensive plan. So we do believe that these findings, the written and verbal testimony that you have before you can lead you to direct the City Attomey to prepare the findings to approve the rezone of this site. Of course State law does require that the deliberation of this Commission and the decision whether to approve or not a rezone has to be made here tonight in a public hearing. With that re respectfully ask the Commission and vote tonight to recommend to City Council that this site be rezoned to neighborhood business and then to direct the City Attorney to prepare findings of fact. If there are not any questions I will leave it I guess open for public testimony. Johnson: Mr. Wardle, did you have anyone else that you wanted to testify? Wardle: No Meridian Planning & Zoning Commission January 9, 1996 Page 42 Johnson: Does the Commission have any questions they would like to direct to any of the people who spoke on behalf of Smith's at this time? Oslund: I have a question regarding the traffic study. You talked about the different kinds of trips that are generated, in aggregate of all the trips that visit that site how many are new trips and how many are trips that are simply diverted trips? Funkhouser: We didn't calculate the diverted, all we calculated was the pass by which are (inaudible) trips existing in the area and that is that 50% of them are pass by trips already on the system on Linder and Cherry Lane. We didn't calculate diverted link. Oslund: Would it be fair to characterize that because this is a smaller grocery not a regional facility like a home base or a home depot that draws traffic from other traffic zones that for the most part you are diverting trips rather than creating new trips? Funkhouser: Well for one thing you are going to be diverting -trips from an existing Albertsons store. In other words people in this area have very limited shopping for of this type in this area. Unless they are stopping by Fred Meyer or another Albertsons on their way home if they work in the Boise area they are shopping at an Albertson's out here. So, in essence at this point they are going to be sharing trips with Albertsons. So they are not all new trips for shopping they are just new trips coming right to this area right here. It is hard to calculate how many would have been going here and now we are going to this area. So we have to when we analyze it using ACHD standards we have to calculate them as new trips to the area. They are diverted from another store and from different roadways. Oslund: That is what I was getting at, this is a neighborhood store, it is not in my mind anyway, it doesn't appear that it is going to pull trips from outside Meridian that already are coming here to go shopping. Funkhouser: No, the normal zone that you analyze this is two to three miles from this site is the normal drawing area for this type of a store. Johnson: Any other questions of Mr. Funkhouser? Any other questions from the Commissioners to any of the people representing Smith's? At this time then I will open the public hearing or continue the public hearing which is already open and ask that anyone form the public would come forward and address the Commission if they have a concern. Paula Devaney, 1703 W. Sunnyslope Drive, was sworn by the City Attorney. Devaney: Mr. Chairman and Commissioners, having reviewed the City's comprehensive plan extensively myself and back in September and October having the occasion to speak N Meridian Planning & Zoning Commission January 9, 1996 Page 43 to a lot of Meridian residents two things I know are clear one is that the City needs additional neighborhood services and we need additional parks and recreation. In the campaign for our new Mayor and City Council that was prominent in their promises that we would get additional community commercial development and they would try and work on parks and recreation. Smith's I think has an exceptional plan here, they have a good commercial neighborhood development. Since the original meeting with the neighbors they have come back with what I feel are very generous concessions. Every item that we heard tonight on your agenda with the exception of the library was houses, houses and more houses. This plan gives this Commission and the City Council a chance to maybe set some precedence here and develop a partnering with Smith's. At the neighborhood meeting for instance we asked representatives from Smith's about that park site. Rather than just set land aside for the City because the City has land set aside everywhere we don't have money to develop it. Would they take it one step further and develop that into a park, the Police Athletic League said they would like to get more youth involved in reducing crime but they don't have enough soccer fields. Why not partner with Smith's and build that into soccer fields. The representative from Smith's said they would be willing to look at that option. As it stands now if you develop that in residential you are going to have 36 more houses, I think is what it was originally platted for. That is going to increase the traffic, that is going to increase the burden on schools. A personal note on the traffic, 1 live south of Cheny Lane on Linder, whenever I have to buy groceries I have to drive through the middle school traffic zone and then back home. Usually since I forget everything (inaudible) my husband has to go back through the school zone and back for something that we have forgotten. Just as a personal thing I know for our subdivision the Vineyards that a lot of that would come down in fact most of the time we could walk to the store. Also additionally we are looking for more park space and we do need park and recreational space very badly in this City if you develop the lot into homes and if you want to address well we will put impact fees on it. Thirty six homes would just generate just over $14,000 in impact fees, that is not even enough by the City's calculations to develop one acre of park. Here we have Smith's willing to and whether we make it contingent or get a further commitment from him to get 2.7 acres in park land. I just think this is a really great opportunity for us to set a precedence to start doing some partnering with our developers and getting what the City wants as well as what the City needs. Johnson: Any questions of Paula? Anyone else from the public that would like to address the Commission? Pam Bennett, 1963 S. Silver Falls Court, was sworn by the City Attorney. Bennett: I am nervous so this might be rough. We are opposed, I have 160 signatures from people in the area, homeowners in the area that are opposed to Smith's moving into our area. These are just homeowners surrounding Linder Falls and Cherry Lane. First I Meridian Planning & Zoning Commission January 9, 1996 Page 44 would like to say we don't need another grocery store in the area within a 3 mile radius there is already going to be 3 supermarkets two of which are being under construction or in the process of being under construction. They are all in already zoned commercial areas. We are not opposed to Smith's we are opposed to the rezoning and the location that Smith's has chosen. When the people purchased their homes they knew where the commercial properties were. The rezoning of the second phase of our subdivision from commercial, residential to commercial would be devastating to our property values. No one wants a large supermarket in their back yard especially one open 24 hours a day with noise, the traffic, the crime and the large lights that will be on most all oaf the time. Linder Falls formerly known as Kastle Falls has already has it problems attracting people to purchase homes because of litigation and foreclosure between former and present owners. We finally get that resolved, a few homes have been built and some sales of existing homes have been closed and now comes in Smith's proposal. Again construction and sales of lots have come to a standstill. We need homes to be built and sold for any of the property owners in our subdivision to try and get any equity at all let alone lose money. I personally have been in this type of situation before and it took over 2 years to sell my home and we took a $30,000 loss on a $100,000 home. The location wasn't desirable anymore and because of the traffic, noise and pollution. We purchased our lot and built our home in Linder Falls in Meridian because we like the livability aspect of the area. It is close to all the schools so that when my daughter becomes of age she will be able to walk to school and participate in school activities. Our subdivision also has strict CC&R's which were very attractive to us and our lifestyle. Just a couple of examples, Article II, Section 2.3, nuisances and offensive activities and no commercial activity. Section 2.19 on exterior lighting, no exterior or interior lighting shall be placed to cause glare, excessive light spillage onto neighboring lots. Remember Smith's is proposing this site of phase 2 of our subdivision. It would be violating all the CC&R's that we believed in and complied with when we built our home. Virtually making all of our CC&R's worthless. Linder Falls wasn't the only one to suffer, there are many subdivisions around the area that will suffer as well. Our home is approximately 314 feet from the proposed site and we are one of the farthest away. Many of our neighbors are much closer. Should we compromise our beliefs and values in raising our families for a business to come into our subdivision to make a profit at the homeowners expense. I think if Smith's wants to get into the residential property business a solution might be to buy the homes of the people who this proposal would directly affect negatively and we know that is not going to happen. Please in making your decision consider what is more important quality of life for residents of Meridian or big business making a profit. We are an organized, concerned and serious taxpaying group of homeowners prepared to fight Smith's rezoning proposal. And we will do whatever it takes for our subdivision to be kept as it was designed and proposed to use when we purchased our homes. If Smith's is having trouble finding suitable commercial we as Linder Falls residents will be happy to find a good commercial realtor which can put them in contact with commercial zoned locations. Thank you. •~ •~ Meridian Planning & Zoning Commission January 9, 1996 Page 45 Johnson: We can't have that, that just delays us and it upsets us. No more clapping okay. Shearer: Can we ask her some questions please? Johnson: Yes, return to the podium please. Shearer: Whereabouts is your lot that you lire at. Bennett: 314 feet directly Shearer: Which street is it on? Bennett: West Silver Falls Court. our backyard faces Cherry Lane. Shearer: So you are down on the culdesac? Bennett: Right Shearer: I find it hard to believe that commercial property that far away from you will affect yours. I can see where it would affect some of the others but I don't see where it could affect yours. Bennett: We have a group of three speakers and I am one that was chosen. Shearer: Thank you Hepper: Do you have a copy of the petition or signatures? Bennett: Yes I do Johnson: We need that for the record please. Crookston: Do you have a copy of your covenants? Bennett: I didn't bring one tonight but I would be happy to bring one for you. Crookston: Can you bring it down to the City Clerk? Bonnie Bradshaw, 1909 North Cool Creek Avenue, was sworn by the City Attorney. Bradshaw: I am new to the area and I haven't studied the comprehensive plan of Meridian Meridian Planning & Zoning Commission January 9, 1996 Page 46 but I picked Meridian because it is a bedroom community to Boise. From what I can tell I have lived in bigger cities and have seen things go on, I think it is really good that Smith's wants to come to Meridian and enter into it because it will make our food prices better, but why do we have to have it on Cherry Lane. It seems Meridian is, downtown Meridian and Cherry Lane and everything is there. Why can't Smith's go up to some place in Ustick area where homes are (inaudible) commercially zoned. Like I said I don't know what your comprehensive plan is but it would seem that would be a little more viable to me to the neighborhoods needs instead of just making two big thoroughfares with stores why not spread it out. If Meridian is growing like it is there is going to be the need for that those other stores. I have a question, when is this other Albertson on Ten Mile due to open is that very soon. Johnson: We don't know their plans for opening. They have been approved for about a year. Bradshaw: The thing is people pick the communities they are in because they don't mind driving, I mean to drive a mile to the store is not a big deal. If we are going to have one Albertson's is going to be a mile away if you live at Cherry and Linder and another one in the other direction it seems like. We have Fred Meyers going in and eventually a Waremart in the other area. Why can't we move, have Smith's go somewhere other than Cherry Lane and that is just basically my thoughts. Johnson: Thank you Bonnie, any questions of Ms. Bradshaw? Anyone else? Shelly Monks, 1679 West Sunnyslope Drive, was sworn by the City Attorney. Monks: I don't have a huge speech prepared and I don't have a list of 160 names. What I do have is a list of 14 names that I collected in support of Smith's on my block alone. Do you want that now. Johnson: Please, if you want a copy we can give you a copy. Monks: I grew up with Smith's I think Smith's is a great store. I would like to see one on the corner it would make my shopping easier. I have three small children and to walk to the store with them would be much easier than climbing them all into a car and driving a mile down to Albertson's. Albertson's is extremely crowded and I would like to see more opportunity for us to do our shopping than just one place. I can't foresee with my children going into school that it would create a problem for them to get to school or from sc"~r:. Our community is growing, we are getting more homes and more homes and more homes and no place for us to go to do our shopping. What people have to underr--= =-- ~ = =' ° = =- growing community and whether people like it or not it is going to happen. I would like to N M Meridian Planning & Zoning Commission January 9, 1996 Page 50 compactors have hydraulic pumps and motors which are noisy. Late afternoons and weekends will no longer be quiet in our neighborhood. This would also apply to a soccer field with the increased traffic and parking at the soccer field. There will be an increase in trash all around the area. Parking lot lights and rear security lights because we are right behind the building will be on all night shining. into our bedroom windows. Would the back of the store be nicely landscaped and into the shade for most of the afternoons and evenings what better place for people young and old to sit and smoke drink beer and throw their trash out and drive home while the area children walk home from school or play in their yards. Again making the area a less desirable area to live in. That is it. Johnson: Thank you Lisa Johnson, 1970 Emerald Falls Court, was sworn by the City Attorney. Johnson: In Mr. Wardle's presentation, he stated that Smith's was willing to take the risk of developing some residential lots there, therefore stating that there is a risk to our property values. What kind of risk I would like to know is it for a gigantic supermarket chain to take versus the risk it is to me and my family when we just recently purchased a home in a subdivision with strict CC&R's, a subdivision that was definitely planned on being a very close subdivision so it would be very little traffic, very little noise, very little of anything with a small subdivision private little park thing. This was the plan when we purchased our home and it needs to still be the plan. I thought that is what Planning and Zoning was for to protect the homeowner. That is all I have to say. Shearer: Which lots is yours? Johnson: Down Emerald Falls, the opening to Linder is Emerald Falls and we are down at the end of the culdesac there, Lot 21 I can't remember the block. Sharon Litzbauer, 1922 W. Emerald Falls Court, was sworn by the City Attorney. Litzbauer: I am going to be really brief because everything I was going to talk on has pretty much been touched on. I have little graphics, this is just to indicate, this is what our subdivision basically is, it is the yellow are homes. This is the whole plat map of what is really existing from what you see there on over. I took this from the notice I got in the mail and blew it up showing the two streets that Smith's plans to bring in off of Linder into the back of this. (End of Tape) What I feel is going to happen to this subdivision as you can see this is going to create this to be a thru street. Drivers are notorious for going around traffic signals whenever they can. Where this is going to come from Linder to Cherry Lane this is going to open this up, this is the park they are indicating. There actually is playground equipment and volleyball there and it is used by the subdivision kids. That is Meridian Planning & Zoning Commission January 9, 1996 Page 51 going to become virtually useless. That lot, we would not feel safe to have our pets or our kids over here while traffic is coming in and out to a grocery store. The other thing on this park is this is dedicated to the homeowners association which means that is liable for anybody who comes into that park to use it whose shopping at Smith's decide to eat their fast food there or their lunch there after shopping for whatever reason. The other things I wanted to touch on which they did touch on was the walking of the schools. There are a lot of parents in the morning that you see out at these streets. Unfortunately these kids are bussed to other schools, they do not get to go to the Linder elementary because of the school division. They go to Lake Hazel and fun places like that, they are bussed but they are standing out here and any morning if you come by there you will see mothers in their cars who come out and stand with their kids. Once Smith's comes in I wonder what is going to happen, those parents are definitely, the ones that are out there now aren't going to be safe out there by themselves. They are going to have to have supervision, I certainly wouldn't want my elementary child standing there for the bus. So that is going to create that traffic, the library which they did touch on, parents do work in the summer, some of the older kids will be allowed to walk or middle aged kids will be allowed to walk to the library. Some of them probably won't be able to benefit for it at all without adult supervision due to the traffic. That is basically most of the points have been on, I just want you to see this. Shearer: Which lots is yours? Litzbauer: I am 23, I am right at the edge of the culdesac. Hepper: How many homes are built in Linder Falls? Litzbauer: All of the yellow, the filled in yellow are existing homes. Hepper: Are those all sold? I realize the lots are sold, the builders have the builders sold all those homes. Litzbauer: People live in every one of these homes, this home, this home, all of these are lived in. Every one but this one are lived in, in the entire thing. So this is the only one that is not lived in at this point, it is built, it is existing and it was for sale. Unfortunately the sign has been taken down and I think what the real estate company is facing is the disclosure of this to anybody that is interested and it is my understanding there are some lots options but they are having to disclose that this is a proposal of Smith's because it is public knowledge and these people are deciding to build their homes elsewhere. Which is the point that some of these other people are bringing that they have the choice prior to building your home that might not. have been a decision we would have made and others might not make it. The highlighted ones in the first phase-for sale and there are no homes N M Meridian Planning & Zoning Commission January 9, 1996 Page 53 point out to me the east boundary of that subdivision on that map? Litzbauer: I can't on this map, I can show you underneath where Smith's is. This is the east boundary of phase 1. We are phase 2, this is Linder and Linder is to the east. Crookston: Is that whole 1/4 section platted? Litzbauer: Yes, phase 2 is platted Shearer: It has been drawn up but I don't think the plat has ever been approved. Litzbauer: Well, that is what I am being told it has been platted, however there are no improvements just as Smith's shows. The road ends as far as improvements go, the road ends-right there and right there today. And then it is dirt and there are two existing homes up here. Shearer: I don't think there was a plat registered for the rest of it. tf there is it has been over a year. Litzbauer: If it was than it has expired at this time if it was because it has been a while since they started it. Shearer: It was originally laid out but the plat was not approved I don't think for that phase. Stiles: Mr. Chairman and Commissioners the plat, the final plat for No. 2 was approved August 3, 1993, a one year extension granted July 5, 1994, but the plat is now null and void. Johnson: I think that is in the letter that you wrote as I recall, that was some time ago that I read that though. Thank you. Brent Perkins, 1854 West McGlinchy, was sworn by the City Attorney. Perkins: A couple of points, the people in the Linder Falls, I feel sorry for. They have gone through a horrible situation here. This has nothing to do with Smith's coming in but they have kind of gotten the shaft. I kind of feel like it adds insult to injury to continue to cause them problems which nobody can tell me different, this will affect their property values. That store being in that proximity to a subdivision of that nature is bound to affect the property values. When they went into that subdivision it was supposed to have this nice fancy brick fence it was supposed to be more of an upscale neighborhood, I know those lots ran probably ten grand more than my tot did right on McGlinchy which is you can N N Meridian Planning & Zoning Commission January 9, 1996 Page 54 almost see it on that map. They paid that for a reason, they were wanting an upscale neighborhood. It doesn't affect me nearly as much as those people but I really feel like allowing this to go through is going to dramatically affect their property values. Whether they are over on this subdivision or not you can't tell me it is not going to bleed into that because that whole neighborhood was designed as more or less a closed neighborhood because of this. A heavy fence was supposed to be around the subdivision it was supposed to have the private park etc. Another thing I have been around Meridian for a lot of years. I remember when Smith's was here before, although f am impressed with a lot of things they are showing us here and it looks very nice and very fancy (know that there was a definite trash problem around the old Smith's store, I remember driving around the end of that store which I did hundreds of times and there was always a huge trash problem and it looked like heck. I think if they are allowed to go into this spot that there should be some kind of control of that. Because if that is the way it is going to be again I don't think that is fair to the neighborhood either. I think it is in my opinion a little absurd to put another grocery store in this tight an area we are already going to see a tripling of our available space. for shopping why this has to go in this spot when it is definitely going to impact some of the residents of this community. I can see it easily dropping the house prices $10,000, $15,000 to $20,000 a piece. Johnson: Thank you Leslie Peters, 1661 W. Sandalwood Drive, was sworn by the City Attorney. Peters: I have a question for the gentleman that talked about the highway and he said we have a five lane and a three lane, where is the three lane? 1 don't know what a three lane is? Shearer: There is a turning lane on Linder. Johnson: That is called a three lane highway when you have a turning lane or a merging lane that is ACHD's terminology, that is what they call a three lane highway. Peters: The other concern I have is for the City Commissioners is that Linder Road, I have two daughters that go one to the middle school and one to the high school and there is only one side of Linder Road that is partially paved or sidewalked and they put that subdivision in and I have seen in the last year and a half two children hurt, one of them which was my daughter because she walks home on the east side of Linder, she is going north and the kids and adults drive up on that and they try to miss something or whatever. Are you guys going to plan on maybe possibly paving that road so the children would have a safer walkway if they are going.to put that road off onto Linder Road. N N Meridian Planning & Zoning Commission January 9, 1996 Page 55 Johnson: That is easy to answer because the City of Meridian has nothing to do with the streets. They are all maintained by contract with ACHD and they do all of the development. That is where you need to go if you want Shearer: Are you talking about north of Cheny Lane? Peters: Yes sir, Shearer: If this project goes in then there will be a sidewalk along Linder Road all the way past this entire (inaudible). Johnson: That will be a requirement from ACRD Peters: You are talking about on the west side of Linder. Shearer: Yes Peters: Not on the east side at all. They mentioned about putting speed bumps in, well I live right on Sandalwood Road and I live in the second house on the left side if you are going west, I have got two broken sprinkler heads because what they do is they drive around those speed bumps into my yard or they speed and one day I counted 30 people speeding over those like it was fun and most of them were adults. So my concern is you were talking about speed bumps and it is not going to slow them down. Shearer: Unfortunately Sandalwood was done years ago when connector streets still had houses facing them, today we don't do that anymore. If we had a street like sandalwood, al the houses would face away from it onto side street and stuff and that would be a connector through. Peters: They put those speed bumps in because the traffic increased so much when they put an outlet for this phase 3 for Glennfield Manor subdivision and I have ten times the traffic and the teenagers and their boom noises and t don't live that far away and my house just rattles as it is. They put in another commercial place in there it is going to get worse. Shearer: I can't see that this will affect your traffic very much up there. All those subdivisions to the north are still going to go by there, all the subdivisions out on Cherry Lane t hey are still going to go by this comer and most of the shopping will come from those people. Johnson: We certainly don't mean to be argumentative. ~ ~ Meridian Planning & Zoning Commission January 9, 1996 Page 56 Peters: That is okay, the other question I had about enforcing the traffic flow because of the trucks and stuff. Now I take my daughters to school when the weather is bad and they put those nice little lights in for people to slow down to 20 miles per hour, do you know how many people I pass in the morning that are passing me by continuously. All these truck drivers, I know truck drivers, my ex is a truck driver they don't follow the speed limits. So are we going to have law enforcement to monitor this a little bit more? I know it is going to happen. Shearer: That I can't tell you, you have to talk to the chief of police about that. Johnson: Anyone else? Mary Ann Christman, 416 Elm Creek, was sworn by the City Attorney. Christman: I want to say that first of all I am a resident of Meridian, I live at the Parkside Creek subdivision. I am wondering if there was a map that showed the two Albertsons? First of all I want to say I am very much for Smith's going into the area exactly where it is located. There are several reasons for that. Number one I happen to live in Parkside Creek Subdivision and I do travel Cherry Lane to get to the only and only shopping store which is all we know is Albertsons. I would very much like to see some competition. I travel Cherry Lane frequently and regularly and 1 would be one of those that would just happen to stop in and use the grocery store which would be very convenient for me. As a matter of fact if Smith's was located there it would cut my traffic considerably down. So, now, if the Albertsons does go in where the second Albertsons where it is proposed 1 would still like to use Smith's simply because I like Smith's. I have used them in other states where I have been located before. 1 like the idea of competition. I am also a real estate agent and there are a couple of them in this room and a couple of them have spoke. I can tell you for a fact in all of my communications especially when I attended the first meeting on this that there is a substantial amount that I have communicated with. I live in Meridian and I sell a lot in Meridian who want Smith's exactly where it is located because they do travel. They do travel the Chery Lane frequently and it would be very convenient. They want the competition, they are tired of the same old store and the same old place. They feel it is a very convenient location for them. I feel for the people in Linder Falls but I can tell you from personal experience I happen to have a lot right here. My lot backs up to where Albertsons' is going to be. I bought that lot knowing that, but I would give anything to those this proposed park between me and where Albertsons is going to be 1 don't have even that. So I think they have done a beautiful job in considering the people around the area with the proposed parks, the berms the landscaping. I am not going to have any of that. So 1 understand how they feel because I back up to that area but I plan on planting a bunch of trees myself. Also, I do want to point out that this Linder Falls Subdivision a lot of people that have spoken here are basically living in that area and ~• Meridian Planning & Zoning Commission January 9, 1996 Page 57 again I said I feel for them, but I have personally shown property in the Linder Falls which was Kastle Falls at one time way back when they opened those homes and they have had trouble selling those homes from day one. I know this from personal experience I have shown homes in there, seven, eight and ten times, I was not aware of the controversy between the owners neither were the people that I showed the homes to. That subdivision has never really done well. There are a whole lot of agents that know that for fact, I am not so sure if Smith's doesn't go in there with the residents if it is going to make it. Now there will be some people here that will argue-that point and I can tell you for a fact there has been a point that was brought up here that with the drive thru traffic one time I showed a house and that was brought to my attention. Because they showed the whole planned area and the street that came off of Linder and wrapped around and went right down thru and they said I don't' want to by this house because there is just going to be, people are going to cut right through there and go out on Cherry Lane. So that point was brought up but it was brought up by someone I was showing property to said that was there anyway. So, those are points that I think are important to bring out that subdivision has always suffered. I don't think the Smith's is really going to impact it that much more than what they are already experiencing for sales. I want to look at my notes because a couple of points were brought up. Another point is like 1 said 1 market a lot in the Meridian area because I think it is real important to point. out that being that I have been in real estate many years I am getting a lot of comments about the fact that there is not enough grocery stores or amenities in the area. I think it is really going to hurt the community, I think Smith's in general is going to help a tot, because it is going to offer competition, it is in a convenient location for drive by drive on the way home and I am getting a lot of comments from people who don't like the, idea that there isn't enough shopping nearby especially when you go out to Golf View or Parkside subdivision further out there, there is just nothing there. It is areal pain to have to drive all the way down to the Albertsons. So that has been brought up many times. That is it. Johnson: Thank you Mary, any questions? Bredon .Johnson, 1970 Emerald Falls Court, was sworn by the City Attorney. B. Johnson: I agree with a lot of what has been said in support of Smith's. We need additional shopping in Meridian, I don't disagree with that at all. I agree that we need some competition for Albertsons. I think that is all well and good. I think that the problem really though is why take residential space to build a store on, there is commercial space out there. Albertsons found some. I thought it was good, this lady bought a lot right behind the proposed Albertsons spot but she bought that knowing that was commercial that is a little bit different from those of us in Linder Falls who bought because it was residential because it was a small section of residential. We new that there were some risks we new that the subdivision had going through some problems and we knew that there were a lot •~ •~ Meridian Planning & Zoning Commission January 9, 1996 Page 58 of legal issues related to that. The lots were over priced, there were issues and those are still as I understand it in the courts. We bought in there, my wife and our four children and I we bought in there in September. At that point the subdivision had been turned over to the lender who was then completing the development of the subdivision. He met with us and told us he was committed to completing the subdivision, phase 1 and phase 2. We were under the understanding that he was going to complete the subdivision. That this part that exists there that was so important to us was going to be central to this subdivision. Now, we have Smith's coming and saying hey we don't' care that there is commercial property around, we want this piece of residential. It doesn't make sense to me, it doesn't make sense to me. Johnson: I all fairness I don't think I heard Smith's say that, did you hear them say that that they don't care that there is commercial property, did you hear that tonight? B. Johnson: Did they go out and Johnson: No, you said they said that and that bothers me because we are taking public testimony here and it is on record and it will be typed up and I don't think that will appear on those minutes. B. Johnson: I agree with that Johnson: And you are under oath. B. Johnson: I agree with that, I guess what I am saying is that by putting this proposal to us that is what it appears to me to be. Does that make sense? Johnson: Yes B. Johnson: I think there are other places they can build, I think there are other places that can serve them just as well through the next several years as the location that they have chosen. I think it is unfair to the homeowners in the Linder Falls Subdivision to rezone that residential property for their purposes when it is going to so drastically affect our purposes and our families purposes. That is all I have to say thank you. Shearer: You don't believe that if you have a two acre park on the other side of your small subdivision and it stays a small subdivision that you think this is going to hurt your property values and stuff in a major way? B. Johnson: If I believed that wasn't going to hurt my property values I wouldn't be here talking to you. If I believed that wasn't going to hurt my families chosen location I wouldn't Meridian Planning & Zoning Commission January 9, 1996 Page 59 be here talking to you. Oslund: I have a question for you, are categorically opposed to the project or are there things that the project could do to mitigate their impacts. Are there things they can do or is that just a waste of time? B. Johnson: I don't know, at this point I disagree with the concept by building one row of houses that they are going to solve the problem. Shearer: They are putting a buffer between the building and the road besides the houses. B. Johnson: What kind of houses are going to be built in that row of houses they are putting in there. Are they going to be the same value, the same quality as the houses that we have been building in Linder Falls. I kind of doubt it. Is that going to then cause some domino effect that starts decreasing the values of homes all the way through, I think it will. Shearer: That could possibly be a condition of zoning too as to what kind of houses that will go in there. B. Johnson: Can you say they have to be $150,000 houses or better? Shearer: (Inaudible) at least the square footage and so on. B. Johnson: That they have 30 year roofs that they have, the roof design etc. to match Linder Falls requirements. I think if you could do that I think if you (Discussion Inaudible) B. Johnson: It is just the concept that it is taking away from what we were expecting what we wanted, what we needed, what we bought that place for. I am sure there is nobody that would disagree that there isn't other commercial property around that they could have gone to. I mean Albertsons picked a spot down here, that was specifically commercial property. The way I understood as they built that subdivision behind it that they set aside planning and zoning set aside that piece for commercial because of the neighborhood built. B. Johnson: Did they do that on Linder and Cherry lane? No we are here and they are doing that later on. There is commercial property just exactly kitty corner from the corner that they want to build this on. What is wrong with that property. Shearer: We hear the same story, we heard the same story when Fred Meyers came in, ~~ •~ Meridian Planning & Zoning Commission January 9, 1996 Page 61 have bought a home knowing a grocery store would be in their back yard: That is all have to say, those are my concerns, as well as lights shining in my bedroom window. Johnson: I have a question, when you asked your realtor about that corner when you bought that house what were you told? Maupin: When I looked at, they were maps when I looked at the home. All the time I looked at the home, it showed that was going to be a residential area behind me that it was going to be the next phase of the subdivision. Johnson: Did you have a discussion with your realtor? Maupin: Yes, my realtor got her information from the realtor that was representing the building that said that was the next phase of the subdivision. Hepper: Did you buy your home at a discounted price, I am not asking what you paid for your home but I have heard some of those sale prices has been reduced knowing that maybe that was going to a commercial so the price of those homes was reduced. Maupin: I had no idea it was going commercial, I thought I got a good deal on my home, I didn't think it was a reduced price no. I thought it was a good deal because it was in Meridian not in Boise. I am new to the area. Hepper: Because the subdivision itself, it is a nice subdivision. Maupin: I had no idea it would be commercial, I wouldn't have bought it. Thank you. Chris Jacks, 1778 W. Hendricks Street, was sworn by the City Attorney. Jacks: First of atl, welcome Smith's. I do not have any objection to Smith's coming to Meridian or Boise for that matter. I just don't agree with the location they have chosen. I live in Glenfield Manor. I don't know, it has been brought to my attention what are the plans for Linder Road, it is going to stay two lanes? Oslund: Ultimately, it is a section line road, ultimately it will probably be five lanes. Well I can't say that for sure, I can't say that for north of Cherry Lane, you need to ask ACHD, they should be able to tell you. Jacks: I know Smith's proposal with the street that would be north of their store. Between the Smith's food king and Glenfield Manor they are putting a street which will then out onto Linder Road. I live off of Sandalwood and Linder Road, it has been my experience in the ~• •• Meridian Planning & Zoning Commission January 9, 1996 Page 62 past I have lived in a subdivision where they had taken a two lane road and turned it into a four lane road. It was then impossible to make a left hand turn out of my subdivision. The traffic increased, my children then and now walked on that four lane road to go to school with the increased traffic and I welcome the sidewalks. I always thought that Linder Falls would be in phase 2 and 3 completed and there would eventually be sidewalks there for the children to walk on. Now with the grocery store and the increased traffic whether or not there are sidewalks there it is still dangerous for the kids. My experience and my children were walking to school in the winter on the sidewalk on this four lane road and cars skidded, a car came up and onto the sidewalk and almost hit them. You can't control that and with the increased traffic and everything.' Everyone here they love Smith's food king at this location live in other subdivisions not directly abutting that. Everyone of them has said I feel for those people in Kastle Falls, why. Because they have to know what it is going to do to those homes and the traffic and the property values and everything. I guess that is it. Randy Nash, 1727 North Kastle Falls, was sworn by the City Attorney. Nash: I live directly across the street from the Smith's store or where they are proposing putting it right next to the park. I bought the home in good faith with it planned as a residential area and no commercial. It is our final home hopefully bought it in an upscale neighborhood so we wouldn't have to live around low income people and things like that which we have all of our lives. This Smith's store is basically going to devalue the home quite dramatically. The rest of the homes that go in the area are going to be devalued quite radically. There is no disputing that, I would be willing to bet somebody that it wouldn't, I think you are looking at a 20% devaluation especially on my home where it is one of the more expensive homes in the subdivision. Shearer: Which lot is yours? Nash: I don't know which tot it is. Shearer: Which street are you on? Nash: Kastle Falls, we are the only home on the left side of Kastle Falls going north. Shearer: You have lots plus a road between you. Nash: However, our lot sits fairly high so we do see pretty much right on top of the roof right above of, we are a couple about 3 feet higher. With Smith's going in there this is not going to be an upscale neighborhood, it is going to be a down scale. The homes on the back you can (inaudible) for square footage and types of products, they are gong to be ~• •~ N N Meridian Planning & Zoning Commission January 9, 1996 Page 63 cheap cracker box homes that is the only thing they are going to be able to sell there or they are going to be vacant lots or commercial. Same with the park area. Shearer: I am not an appraiser so I couldn't argue you with you. I know that on the north side of Waremart in Boise, they put a block wall in there, they didn't use a front entrance like this one does, they put a block wall in there and they put a landscaping strip and stuff between their store and the subdivision and between you and me the people that are on that street are better off now than when they had houses across the street. It is nicer and everything. Nash: I don't know if that is going to be the same for this (inaudible) we are going to have increased traffic, granted you would have traffic come across that loop I am not going to deny that, with a Smith's store you are going to have increased traffic. You are going to have noise, lighting, I am probably about 200 to 250 feet from it, 1 didn't buy the home that way. If this is okay to put a Smith's there I am going to feel like you reached in my wallet and took a bunch of money. Shearer: Would you feel more comfortable if Nash: (Inaudible) that is the way I feel about it. It is a nice home and my wife likes it and that but I would be willing to pack and run for the hills at this point. Shearer: If Emerald Falls came on out where it does now and a culdesac was put in there and stopped at the point of this project and proper landscape buffering heavily between your subdivision and this property which would mean you would have one entrance into your subdivision and out. Nash: That is probably the best way to go but I still feel like it is going to devalue it. Mainly because of the noise and the lights. My homes faces directly at the parking lot and I don't really want to look at there and see building or light or anything. I want to look out there and see low lighted roofs of houses. Shearer: We would all like to have a mountain view and no neighbors. Nash: I will be more than glad to be quiet if Smith's would buy from me what I got into it. Johnson: Anything else? Does anybody have anything new to add? Wanda Lansbury, 1383 Storey Street, was sworn by the City Attorney. Lansbury: In the first place I don't think anybody has ever stopped to think that if they don't Meridian Planning & Zoning Commission January 9, 1996 Page 64 build that in with more houses there is likely something else to come along less desirable than a market. There could be a dog kennel, there could be a bar, there could be a drive in, be a lot worse than a market. We know what a market is like, I have lived in Meridian for 52 years and I have watched progress and there have been a lot of things go up that I can't I couldn't stop and I have survived it, it hasn't hurt me I am fine. It has helped Meridian. There come a time in everybody's life and everybody gets older you can't get away from, there will come a time when I won't be able to drive a lot of my neighbors that live around there won't be able to drive and we have a market close by where we can walk to it. We can still keep our independence. I for one I live across the street and down the road just a little bit and t would appreciate it being there. Thank you. Georgia Mackly, 1287 North Santa Rosa, was sworn by the City Attorney. Mackly: I am testifying as a citizen of Meridian on one hand, on the other hand 1 want to disclose that when Mr. Heward inherited this property through a deed of lein foreclosure, a deed of foreclosure, a deed in lieu of foreclosure that he did hire me to make arrangement to clean up phase 1 of Linder Falls as we market it now. I just want to make clear that there are no more issues before the court as far as this project is concerned. And that he has done everything that he told the homeowners he would do as far as cleaning up phase 1. He also spent substantial amount of money to clean up the empty field that is there and the lot prices have been reduced almost a 1 /3 in phase 1. I will tell you I am in development nothing is going to affect the homeowners value more than houses not selling and the houses were not selling in Linder Falls. Since Smith's has made the announcement that they want to build there, there has been one spec house sold and we have 2 options on 2 more lots. That is the new lots that we have sold since Jim has inherited this property. So, I don't think that it is going to slow the construction in Linder Falls I don't think it is going to affect the property value at all, in fact I know for a fact that before Smith's made the announcement some of the homeowners did get good buys on their homes. So, I would also like to encourage the speed bumps, I know where I work in Eagle there are speed bumps on Edgewood and believe me you go over those once the way they put them in now you don't speed over them again. (End of Tape) The school children on Linder Road, I go to work between 7:30 and 8:30 straight north on Linder Road from the Vineyards. The sign there says 25 miles an hour when children are present. I am always looking for children so I don't speed because I did get a ticket in front of the junior high once and I don't see the children on Linder Road, I don't know if the parents drive them or what, but I just don't see the children on Linder Road. I think that the fact that this commercial property that Smith's wants to rezone this commercial at the corner of two major roads, Linder Road and Cheny Lane is a wonderful idea. I think it is a lot better than doing it on residential type size roads. Last but not least, one of those people who shopped at Albertsons in December, I went to the store for seven items and I spent an hour and fifteen minutes there I timed it. I would love to have Smith's there and like I said •• ~! Meridian Planning & Zoning Commission January 9, 1996 Page 65 this testimony is partly as a citizen of Meridian but also knowing what Jim's good faith effort is and trying to do the best thing with the property that is at that corner. I strongly encourage that you approve the rezone application. Thank you Kelly Maupin, 1672 North Kastle Falls, was sworn by the City Attorney. Maupin: Just a couple of quick comments. First c1f all Mr. Shearer keeps talking about the landscaping and stuff to block the store. I am going to be looking at the parking lot and the lights on the light towers. There isn't anything you can do to block that. When I purchased my home like my stated earlier we had no idea. And to address the people who keep saying we got a good buy on the home, 1 paid appraised value on the home. So I don't really consider that an exceptional buy I paid what they appraised it at. That is all I have to say. Elizabeth Goon, 1862 Emerald Falls Drive, was sworn by the City Attorney. Goon: I happen to live right across from the proposed Smith's in Lot 26 and I kind of had the feeling that you would like to hear from somebody that does live right across from it. t have listened to a lot of what was said tonight and we brought here 160 signatures they were not all from Linder Falls Subdivision. If you look at the names on the list they are from subdivisions on all sides of Linder and Cherry Lane. There are a lot of people who do not want a grocery store that close. If I understand this traffic study there will be 6600 trips a day past that comer. There are currently 3300, that is 100% increase in traffic. That is all I have to say. Shearer: Whereabouts do you live now? Goon: Lot 26, right across from the park. Shearer: Okay, you are on Emerald Falls. Mary Lou Bower, 1838 East Emerald Falls, was sworn by the City Attorney. Bower: We live in Lot (inaudible) that would be three doors away from Smith's. I have mixed emotions tonight. I am definitely against Smith's coming in. I sell real estate, I don't think anybody in here can sit and say that isn't going to hurt my property value when I sell that property,. it is. I too am not opposed to Smith's but I don't think that it should be residential. I think they should find commercial property. The subdivision has been in litigation for a long time. We have heard some misconceptions about the subdivision. It was in litigation that is not, that is why the subdivision didn't move, it wasn't because people didn't to buy in there. It just simply they couldn't buy a lot and it was brought up ~~ ~• Meridian Planning & Zoning Commission January 9, 1996 Page 66 that it is out of litigation, it is being marketed and it was on a fast track I felt like until we heard about Smith's. Now we have brought you 160 signatures of people in about three weeks time to put this together the opposition that we feel. That isn't just Linder Falls that is everybody. I feel like if we had more time we could have brought triple that many, maybe quadruple that many. There were people that called us, the last few days that wanted to sign these petitions. I think that I hope you will listen to the people because they definitely have views on this. We have tried to express them tonight and I am not going to stand up here and say that Linder Falls isn't going to move I do think it will. But it is definitely going to hurt it and it is going to hurt those that are closest to us and that is McGlinchy and those of us in Linder Falls. I would just like to ask you to please give us a chance to show you the opposition to this Smith's food king in this area because it is there and it is the people that want to voice this opinion about it. Johnson: Is there anyone else from the public that would like to address the commission as this time? Crookston: I would tike to ask Mr. Wardle Johnson: I was going to ask those people if they have a rebuttle first if that is okay. Mr. Wardle you and your representative do you have anything you want to comment at this time or would you rather not, it is up to you. Wardle: Mr. Chairman, there are a couple of items that I would like to address. First I would like to present to you an exhibit that shows the original preliminary plated area of the several subdivisions around as well. It will show you where the proposed roadway lies in relation to what was originally conceived is very close. So there would have been even in the future if residential was approved there a bypass if people chose to do that. There are solutions to that that we can talk about. One of the citations that t included in my handout to you earlier on page 71 of the comprehensive plan policy 1.1 on that page states, "all commercial and industrial", this in this case we are talking about only commercial, "all commercial developments should be reviewed by the City for adequate site planning". Now our comments and our commitment is that Smith's will work with Meridian City and area residents to resolve concerns to mitigate problems to provide appropriate screening, landscaping and control of lighting and signage. We have made numerous attempts at dialogue, we held a meeting with these residents because we knew that there would be concerns. In recent weeks I have made telephone calls and provided information to those that are most directly affected asking for the opportunity to present. the new site plan, the changes, to discuss it with them to see if there are issues that could be resolved. Now the comprehensive plan is silent on where neighborhood facilities can and should be placed within the existing urbanized area. But it is not silent to the effect that there will in fact be services within those areas. One statement over and over that has ~~ •~ Meridian Planning & Zoning Commission January 9, 1996 Page 67 been made this evening is concern for the children relative to traffic. What I find hard to understand and I find very illogical is that fact that there is going to be any improvement to the safety of the children in this area if everybody in that neighborhood has to get in their car and travel through or outside of that neighborhood to get services. It is an absolute illogical conclusion drawn that by having these services here that in fact there will be a greater threat to the safety of anybody that walks on those streets. The west side of Meridian does not have any uncommitted commercial area. It has been stated why doesn't Smith's go find another commercial site on the west side. There was a statement made about the one undeveloped parcel, it is much too small for any kind of a facility other thana convenience store. I will restate there is no zoned commercial property on the west side of Meridian that is not currently committed and that commitment is to Albertson's. So if in fact there are to be services there would have to be a rezone of any piece of ground that would accommodate any such facility whether it is Smith's or any other potential user. I would simply conclude Mr. Chairman and members of the Commission by stating that based on comprehensive plan issues and the zoning process that the Commission while you have heard a lot of comments you cannot deal with the emotional issues you must deal with the factual issues that are quantifable, that fit the context of the comprehensive plan and I will restate that the Comprehensive plan is silent with respect to where these facilities, but not silent in the fact that they will be coming. That is the challenge this Commission has and I certainly respect that responsibility. I would respond to any questions Mr. Crookston might have. Crookston: Thank you, Mike on the map that you had up there, maybe it was because was so far away, but, is the this is the Naler property they had a house on there on the southeast corner, there is house there, or there are two houses there, 1 assume that those are going to be removed? Wardle: Mr. Chairman and Mr. Crookston, those homes would be removed whether immediately or somewhere down the line. They are under option as part of this proposal. Crookston: Then on the southeast quadrant of Cherry Lane and Linder you say that is committed for something? Wardle: No that is zoned, I don't know (inaudible) Crookston: I thought you were saying that was committed. Wardle: The term commitment is the fact that it has been committed to a commercial enterprise by the designation of a C-N currently. Crookston: Thank you that is all. •~ •• Meridian Planning & Zoning Commission January 9, 1996 Page 68 Oslund: Question, the proposed foot print, the square footage is 600,000 square feet, I am sorry 60,000 square feet, how does that compare to the Albertson's down the road here in Meridian? Wardle: Okay, 45,000 to 50,000 but let me ask the question, what is Albertsons current store that would go a mile to the west what are they currently building? Their later stores have been in the upper 50,000 range but Albertson's would have to speak to that. The existing store which is an older store is some 45,000 to 50,000 square feet. Oslund: So it is comparable, I am just trying to get an idea of how big a store this is. The second question, how many alternative sites were looked at, at any level in Meridian? Doug Kowallis, 6003 Overland, Suite 204, Boise, was sworn by the City Attorney. Kowallis: We have looked at several as we (inaudible), when we initiated the search for 6 sites for Smith's in Boise and Meridian there probably isn't a corner in all this area that we haven't looked at. As in Meridian the same in Boise there is a lack of zoned designated sites that need to be 6 acres or better. In Meridian specifically we have looked at the property right adjacent to the Albertsons site at Meridian and Cherry which is not available. We made several attempts. The rest becomes somewhat academic in looking at major comers and aterials and traffic and being able to find where the roof tops are and where the needs can be served. t gather information on the Nahas site, we looked at that. So I guess in all there has been an analysis done on 3 other sites besides this one. (Inaudible) MacCoy: Question, what are the hours for this store, 24 hours? Kowallis: 24 hours MacCoy: Your parking lot accommodates how many cars approximately? Kowallis: 363 parking stalls MacCoy: And your deliveries to the store occur in the middle of the night? Kowallis: Those have been confined to the hours between 7:00 a.m. I believe it is and 10 p.m. The same if for sweeping, the only thing that is difficult to judge is snow removal which. MacCoy: On the question of lighting of that parking lot, how tall are your light poles? •• N Meridian Planning & Zoning Commission January 9, 1996 Page 69 Kowallis: You are asking questions that are out of my area. Twenty five to a 30 foot max, we figured that those things would be specifically through design review, certain requirements imposed on how tall they could be and what sort of light. Smith's will meet those requirements. MacCoy: Put in a light that is directional (inaudible). Johnson: Anyone else? Hepper: There was some comments made that perhaps Smith's might be willing to develop the park rather than just donate the land, would you have any comment on that? Kowallis: That is my understanding that they will take a look at what the City will require and that is definitely a consideration. I can address one other issue that cam up if that is okay. One of the residents mentioned the problem with trash, I am aware of that too not only with the certain stores around town but in the past with Smith's. Smith's is a new store today than it was when they were here in town before. The format that you see in front of you is a state of the art store. One of the things that is significant I believe in what they are trying to do to be better neighbors is this front loading aspect to keeps the trucks from behind the store where they create more of an impact in the screen. One of the things that I don't think that has been brought out is there are no external dumpsters on this store. These are trash compactors that are internal. Trash that is generated is fed into that dumpster inside the store. The truck pulls in and pulls out the entire dumpster or trash compactor so trash would be eliminated. Hepper: What about compressors and generators by the back of the store? Kowallis: My understanding is those are in wells, I think these are some questions that Terry can answer, he is the architect and be able to give you a better understanding of those. Terry Scofield, 615 8th Street, Boise, was sworn by the City Attorney. Scofield: Question about compressors and other types of equipment. All of the equipment and compressors for the refrigeration is included inside a penthouse with a mechanical well for the air handler sitting next to it. The only pieces of equipment that are on the roof are venting and a one varicula system which we will screen on all four sides. Hepper: When you say in a well would you describe what that is. Scofield: It is pressed down into the store so it is actually sitting at the same height as the ~~ •• Meridian Planning & Zoning Commission January 9, 1996 Page 70 mezzanine of the compressor well but it is open on all four sides as well as to the roof so that it escapes directly straight up as the sound does also. Any other questions I ~n help you with? Johnson: Any other questions? Apparently not, well Michael are you finished? Wardle: Only to restate Mr. Chairman that we are willing to work with the City and with the residents of the area to mitigate the concerns. We want to restate the fact that if this request meets the objectives and policies of the comprehensive plan and clearly it does than the Commission can recommend to the City Council approval of the requested rezone and we would make that request to you. Thank you very much. Johnson: One last shot, does anybody want one last shot? Funkhouser: The only thing I want to da is make a couple of comments on some of the statement that were made with some of the previous testimony. One of the statements was that there are an existing 3300 cars at this intersection. Currently there are over 11,000 cars on Cherry lane and 7900 cars on Linder. So there are more than 3300 cars. Then there was another statement about 3300 new cars coming just to this site. My statement is that 3300 trips, a trip is either beginning or ending at this site, so in essence there are half as many cars as the 3300 it is just that one trip end is coming and starts there and it is either to home or to another site. So I just wanted to clarify those 2 issues. Johnson: I say another hand behind you there. Barkini: Waremart, you mentioned the nice zoning behind it, the wall and all. Waremart did buy houses behind them to do that. What size landscaping are they talking about, do you have somebody else on that for that other project, the eight foot entrance the four foot trees or forty foot trees. Right now, what is the difference on the traffic with the children and all, if they drive to Albertsons or to Smith's. And what is the definition of a neighborhood store. This is an acre and a half under roof approximately, is that a neighborhood store or is the Maverik or Circle K a neighborhood store. Right now they are putting in a new Fred Meyer which people are coming from Boise that get off at Eagle and go right too Fred Meyer and go right home, there is a new Waremart, I don't know where they are on that one, right behind Chevron right by I-84. What guarantee or what limits are there on the noise, the decibel rating the lights and even though they do have this inside trash. Being around a supermarket before there are carts all over the place. There is trash, there are people, they wont' have the dumpsters outside but people go through dumpsters even the compactor ones. One other thing is our family purchased this house, my wife and I have had I don't know how many houses that we have remodeled, and the location is one of the main ones in real estate. But another one that I preach to people I know is that ~~ ~~ Meridian Planning & Zoning Commission January 9, 1996 Page 71 (inaudible) go for, where we live on McGlinchy which is right behind it, we are not in the same category as Linder Falls, but there we purchased that one because of price because they were going to put an upscale behind us and that brings you up with that. So you are creating possible equity in your house by having this house next good stuff. You never want to have the most expensive house in the neighborhood. That is all. Johnson: Thank you. Well I would like to close the public hearing at this time. Wayne if you feel comfortable with the way we have been doing business the last 15 years here we will continue to do that. There was a comment made by an attorney tonight representing Smith's that perhaps we were doing things out of sequence as the way I understood that and that we should come up with a recommendation before we do findings of fact and I don't believe we have done that in the past. Do you have a comment on that, do you feel comfortable with what we have been doing. Crookston: I feel comfortable on it tonight particularly because I think there are some things that need to still be presented. Such as the covenants, there was one other thing I can't remember, one of the persons testifying said they would bring, so I don't feel uncomfortable with our system that we have been doing for a long time. Johnson: I will entertain a motion then to have findings of fact repaired. Shearer: I move we have findings of fact and conclusions of law prepared on this project. Oslund: Second Johnson: Moved and seconded we hav~,the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: This will be on our next, assuming the findings of fact are completed in time this will be on our next agenda the findings of fact will be for February 13. There will be no more testimony taken at that time but you will get an opportunity when it goes to the City probably the following week to testify again at another public hearing. It requires a notice again so you will get noticed. I have one more motion that I am waiting for here. Shearer: I move we adjourn. Hepper: Second Johnson: We have a motion to adjourn, all those in favor? Opposed? Meridian Planning & Zoning Commission January 9, 1996 Page 72 MOTION CARRIED: All Yea MEETING ADJOURNED AT 12:07 A.M. (TAPE ON FILE OF THESE PROCEEDINGS) •~ APPROVED: ~3 JIM JO~iNSC~N, CHAT ATTEST: ~~ _~, ._ ~~ WILLIAM G. BERG, JR:, I CLERK BEFORE THE MERIDIAN CITY COUNCIL SMITH'S FOOD & DRUG CENTER INC. REZONE APPLICATION SOUTHEAST QUARTER OF SECTION 2 T 3N R 1W B M MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing March 19 at the hour of 7:30 o'clock p.m., the Petitioner appearing through its representative, Mike Wardle, the City Council of the City of Meridian having duly considered the evidence and the matter, makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Rezone Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 19, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 19, 1996 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property is located within the City of Meridian and the owners of record are James Huarte, of Shingle Springs, California, Dorothy L. Manning, Boise, Idaho, and Richard A. Baer, Meridian, Idaho, which property is described in the application which description is incorporated herein; that the owners have FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 1 i • consented to this application; that the property is presently zoned R-4, Low Density Residential and L-O, Limited Office; that the Applicant requests a rezone of the 8.34 acres to C-N, Neighborhood Business, to allow construction of a Smith's Food and Drug Center. 3. The present land use is currently two dwellings at the corner, one owner occupied and the other a rental; that the balance of the property is vacant and formerly proposed to be an extension of Valeri Place Subdivision. 4. That the surrounding property consists of residential to the North; bare ground to the West and further west and abutting the bare ground is Valeri Place No. 1 Subdivision; to the South, across Cherry Lane, there are three developed parcels, including Domino's Pizza, a car wash and a Maverik Convenience Store; to the East, across Linder Road, is vacant land and three single family homes fronting Cherry Lane; and to the Southeast is undeveloped land with C-N and R-8 zoning. 5. That the Applicant proposes to construct a 60,000 square foot front-loading food and drug store on a 7.24 acre parcel. 6. That the Applicant stated in the application that it proposes to buffer the North; that a row of single family lots on an extension of Kastle Falls Way would buffer the existing homes in Glennfield Manor Subdivision; that a 25 foot setback at the rear of the store facing the new residences will be intensely landscaped with only wall mounted, down-cast security lighting; that there will be no service access at the rear of the store; that to the FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. page 2 • • West, there are two (2) options possible; that a cul-de-sac be developed in the subdivision preliminary plat or provide the 2.69 acre parcel for a public city park; that the frontage of both Cherry Lane and Linder Road will be bermed and extensively landscaped; that on a plat drawing submitted with the rezone application the applicant showed the approximate 2.69 acres that Applicant's representative mentioned as being a park area and on the plat drawing it states "For Future Residential or Recreational Use". 7. That a traffic study has been conducted by Bell-Walker Engineers and submitted with this application, as well as to the Ada County Highway District for their review; that the traffic study is incorporated herein as if set forth in full. 8. That the C-N District is described in the Zoning Ordinance, 11-2-408 B. 2 as follows: C-N Communit Business District: The purpose of the (C-N) District is to permit the establishment of small scale convenience business uses which are intended to meet the daily needs of the residents of an immediate neighborhood (as defined by the policies of the Meridian Comprehensive Plan); to encourage clustering and strategic siting of such businesses to provide service to the neighborhood and avoid intrusion of such uses into the adjoining residential districts. All such districts shall give direct access to transportation arterials or collectors, be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute all or any part of a strip development concept. 9. That in the Meridian Comprehensive Plan neighborhoods are defined in the Plan at Page 6 as follows: "Definition: The neighborhood is a residential area with uniform characteristics of a size comparable to that usually FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 3 served by an elementary school or a small business convenience center or a local park. Although neighborhoods occur in various shapes and sizes, a section of the City measuring one- half to one and one-half miles across is usually used for planning purposes. It has facilities within easy walking distances and provides the basis for community identification." 10. That Ordinance 11-2-410 ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS, A, for the C-N District, requires that there be a ten (10) foot side yard setback. 11. Mike Wardle, the Applicant's representative, testified before the Meridian Planning and Zoning Commission that the parcel in question lies north of Cherry Lane,. West of Linder Road, and is approximately 7.25 acres in size; that the proposed change is from the existing R-4, single family residential and L-O, limited office zones, to a C-N, Neighborhood Business District; that Smith's has met with the residents in an October 1995 meeting and a November 9, 1995 meeting, expressly to deal with the concerns of the residents affected by this rezone; that originally the store was to be built to the north with just a buffer between the. store and the existing Glennfield Manor; that the Applicant has since changed its proposal and moved the store southerly and proposed an extension of the public street, to develop an additional six (6) lots that would provide the buffer between the store and the existing residents to the north; that the buffer at the back of the store then would be a 25 foot landscaped area, again with no service activity at the back; that the building height of 26 feet with a berm going up the back and landscaping both in sod, ground treatment, and a lot of FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 4 in elementary school or a small business convenience a local park. Although neighborhoods occur in apes and sizes, a section of the City measuring one- 311s ze and one-half miles across is usually used for purposes. It has facilities within easy walking :ul- and provides the basis for community tion." the Ordinance 11-2-410 ZONING SCHEDULE OF BULR AND rst LS, A, for the C-N District, requires that there be and side yard setback. ace lve ing she yet 16 =ed ad ncl de zd id in ~e e 0 5 Wardle, the Applicant's representative, testified 3ian.Planning and Zoning Commission that the parcel s north of Cherry Lane, West of Linder Road, and is .25 acres in size; that the. proposed change is from ~, single family residential and L-O, limited office ~, Neighborhood Business District; that Smith's has aidents in an October 1995 meeting and a November 9, xpressly to deal with the concerns of the residents s rezone; that originally the store was to be built th just a buffer between the store and the existing r; that the Applicant. has since changed its proposal store southerly and proposed an extension of the to develop an additional six (6) lots that would fer between the store and the existing residents to the buffer at the back of the store then would be scaped area, again with no service activity at the building height of 26 .feet with a berm going up the gaping both in sod, ground treatment, and a lot of :T AND CONCLUSIONS OF LAW DRUG CENTER, INC. Page 4 • vertical growing bushes would provide a buffer. That for the residents affected in the Linder Falls Subdivision area, two (2) options were proposed; one being a cul- de-.sac, which is close to what was originally proposed in the preliminary plat, and the second being a 2.7 acre park; the first option being two (2) additional rows of houses, and the second option would be the possible dedication to Meridian of that space as a park; that Smith's will work with the residents to resolve concerns regarding screening, landscaping and control of lighting and signage. Mr. Wardle also submitted written comment pertaining to the Meridian Comprehensive Plan which is incorporated herein as if set forth in full. Additionally, a STATEMENT OF SUPPORT, signed by 16 people was submitted the night of the hearing is incorporated herein as if set forth in full. Mr. Wardle submitted additional comments after the public had given testimony; he stated that Smith's will work with Meridian and residents to resolve concerns, to mitigate problems, to provide appropriate screening, landscaping and to control lighting and signage; that the commission must deal with the factual issues and not the emotional issues; and that the Meridian Comprehensive plan. is silent with respect to where these types of facilities should be located. That before the Meridian City Council he testified what the development would be, as he did before the Commission, but he also FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 5 ! ~ stated that they had subsequent meetings with the neighbors, the proposal that I believe has been validated and will be presented to you in a few moments actually; his testimony before the City Council is incorporated herein as if set forth in full. 12. Gary Funkhouse, transportation engineer with Bell-Walker Engineers, testified before the Commission as follows regarding the traffic impact analysis prepared for this proposed development; that the estimated trip generation for this site will be 6600 trips per day; that three (3) types of trips make up this analysis: 1. Primary trip--a trip from a residence that is heading directly for this site. 2. Diverted link trip--a trip where by you are travelling down another roadway and you divert over to this site and then head back to your next destination you were headed. 3. Pass by trips--a trip where you are currently on the existing roadway and you turn into the site and turn out and continue on your trip you were already on. That new trips to the site are primary trips and diverted link trips, that being trips where the initial goal was not grocery shopping; that 'pass by' trips are estimated for this type of development, or that are already on the system on Linder and Cherry Lane; pass by trips are estimated for this type of development at approximately 50~ of the 6600, or approximately 3300; that less than 2.2~, or 120 trips, of the trips are generated during the time frame of 7:00 to 8:00 a.m. when children are going to school and about 6.5~ of the trips are heading for this site when children are going to and from their dismissal time of 3 : 00 p.m. ; that "diverted trips" were not calculated; that the roadways that are serving the site are both arterial roadways, minor arterials; that one is five FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 6 (5) lane and the other three (3) lane and that this intersection of Cherry Lane and Linder Road is a level of service "C" which is desirable by the Ada County Highway District and which will remain a level "C" when this project is completed; that the change in average delay by the addition of this-site is one (1) extra second per vehicle, on an average; that the normal zone that you analyze is two to three miles from this site as the normal drawing area for this type of store. He also testified before the City Council and his testimony before the City Council is incorporated herein as if set forth in full. 13. Joann Butler, Boise attorney, representing Smith's, testified that the rezone will implement what the Comprehensive Plan desires and she presented a set of FINDINGS FOR APPROVAL for the Commission, which are incorporated as if set forth in herein she also testified before the City Council and her testimony is incorporated herein as if set forth in full. 14. There were several property owners in the immediate area who testified regarding the application; their testimony is summarized as follows: a. Paula Devaney testified that she is in favor this proposal; that two (2) things this City needs are additional neighborhood services and additional parks and recreation; the more residential, the more houses which equates to more burden on schools and well as increase the traffic; that here is an opportunity for the City to set a precedence to start doing some partnering with developers and getting wheat the City wants as well as what the City needs. FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 7 r b. That Pam Bennett testified she and 160 signatures of people in the area oppose Smith's moving into this location; that they are opposed to the rezoning and there is no need for another grocery store within a three (3) mile radius; that the subdivision of Linder Falls, formerly known as Kastle Falls, has strict CC&R's which speak to nuisances and offensive activities and no commercial activity, in addition to no exterior or interior lighting being placed to cause glare, excessive light spillage onto neighboring lots; that she and the resident's concerned with this proposal are an organized and serious taxpaying group of homeowners prepared to fight Smith's rezoning proposal. c . Bonnie Bradshaw testified that being just new to the area and not familiar with the comprehensive plan, wishes a different location be found by Smith's but is not opposed to Smith's coming to the area. d. That Shelly Monks testified that she has collected within her block alone, 14 names of homeowners in support of Smith's; that this is a growing community and like it or not it is happening. e. Dee Ray Olsen testified that she is excited with the prospect of this application and the choice of location; that it will be convenient and Smith's in the past was a good neighbor. f. Kristen Miller testified that considering what is good for the children and for their parents should be recognized; that the traffic now is hectic and to add a grocery store in the mix would created a congested traffic mess; that she and her neighbors should not be forced to have Smith's in their neighborhood. g. That Dan Barkini testified that he is not opposed to the food store chain and that he welcomes the competition; that he is opposed to the rezoning of the northwest corner of Linder and Cherry Lane to anything except single family residences; that with the market comes noise, smell, lights and raises the safety issue, making the area a less desirable area to live in. h. Lisa Johnson testified that she is also opposed to this application; that it is too close to the subdivision which has strict restrictive covenants and the risk it has of devaluing her property. i. That Sharon Litzbauer offered testimony stating that she FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. pgge g sees by Smith's plans to bring in off of Linder two (2) streets creating a through street; that now safety become an issue as cars use the street as a short cut to the new store; that the deterrent of speed bumps won't hinder. the traffic increase through the neighborhood. Commissioner Oslund pointed out that regardless of the corner development, whether residential or commercial, the potential for cut through exists either way. j . Brent Perkins testified that a store in that proximity to a subdivision of that nature is bound to affect the property values; that to put another grocery store in this tight of an area where already the available space for shopping is tripling, is definitely going to ~.mpact some of the residents of this community. k. Leslie Peters offered testimony stating her concerns of safety; whether sidewalks would be required on both sides of Linder Road and added that speed bumps is not going to slow traffic down and whether the speed limits would be more monitored. 1. Mary-Ann Christman, of the Parkside Creek Subdivision, testified she is in favor of Smith's and the location chosen; that her lot backs up to the new Albertson's location and bought the lot knowing that the food chain was going to be building a new store; that she has shopped at Smith's in their other locations and found Smith's to be very competitive; that she understands the feelings of the neighbors to this proposed location, but that Smith's, in considering the people in the area, are proposing a park, planning berms, lots of landscaping, something she wishes she would have at her location; that being a realtor in the area she has heard a lot of comments about the fact there is not enough grocery stores or amenities in the area; that Smith's will bring convenience and competition to shoppers. m. Brendon Johnson, 1970 Emerald Falls Court, testified that he is opposed to this proposal of taking residential space to build a store on when there is commercial space out there that would serve Smith's just as well; that this is going to hurt the value of his home; that the concept of building one row of houses as a buffer in his opinion, will not solve the problem; that he is opposed in merging commercial that closely with residential and that he did not purchase his home knowing that commercial zoning was going to be his neighbor. FINDINGS OF FACT AND CONCLUSIONS OF LAW 3MiTH'S FOOD & DRUG CENTER, INC. Page 9 n. That Marvin Bodine testified that Meridian will never get a big park if it gets many more little parks, which are a detriment and don't do Meridian any good. o. Terri Maupin, 1672 North Kastle Falls Avenue, offered testimony opposing this application, stating that while unpacking moving boxes she received information regarding this application by Smith's; that the maps she viewed at the time she was interested in purchasing the home showed the area as residential, being the next phase of the subdivision; that her realtor got the information from the realtor representing the building stating the same; that she didn't think she paid a reduced price, but received what she thought was a good deal being in Meridian. p. Chris Jacks testified that he applauds Smith's coming to Meridian but does not approve of the location; that the increased traffic and safety of his children is of concern. q. That Randy Nash testified he purchased his home in good faith in an upscale neighborhood with further plans for residential development and not commercial; that this proposed development is going to devalue his home dramatically; that this will downscale the neighborhood and also increase traffic and he opposes this application. r. Wanda Lansbury, 1383 Storey Street, testified that she is in favor of this proposed development; that if it wasn't developed for a market, it could be something worse like a dog kennel, bar or drive-in. s. Georgia Mackly, 1287 North Santa Rosa, testified that she was hired by Mr. Jim Huarte, who inherited this property, to clean up phase 1 of Linder Falls; that the houses were not selling in Linder Falls and nothing affects homeowners value more than houses not selling; that since Smith's announcement, there has been one (1) spec house sold and two (2) options on two (2) more lots; that as a citizen of Meridian, she approves of the Smith's application and also knowing Mr. Reward's good faith effort is and trying to do the best thing with the property on the corner. t. Kelly Maupin, testified, commenting that he will be looking at the parking lot and the lights on the light towers and that there is nothing that can block that. FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 10 • u. Elizabeth Goon, 1862 Emerald Falls Drive, testified that she lives right across from the proposed Smith's in lot 26; that she brought in 160 signatures from folks living on all sides of Linder and Cherry Lane; folks who do not want a grocery store that close or the traffic that comes with it. v. Mary Lou Bower testified that she lives in a house which would be three doors away from the proposed Smith's store; that this property should remain residential and that Smith's find some commercially zoned property; that she is not opposed to Smith's except that they want to come in at this location and that it will hurt her property value. That there were people testifying before the City Council and their testimony was as follows: a. Jack Muldoon testified that he was there to ask the Council to stop the onslaught on Cherry Lane; that he was testifying not against Smith's but because he would like to see Smith's some place in Meridian but not on Cherry Lane; that the comprehensive plan would not be worth much unless you can do that; it will protect the residents and the schools, but it is not protecting this neighborhood or the three schools there, which will soon be four schools; Cherry Lane will be a City of Meridian if it is not protect it; the are is residential now and he asked that it be kept residential. b. Larry Wolf testified that he has an interest in a lot that would be in the house; the block fence that was proposed to come up the back side would actually really put a shadow on the house; he stated that he was a partner with the builder; that if he has an opportunity to sell the house it is a deal maker if there is some additional space between the block wall and the house; it is a concern with us and I just wanted to go on record that we do have that concern. c. Sharon Litzbauer testified that desired to submit a document, which she did; it was the agreement that Joann .Butler just spoke of between Smith's and the homeowners; that she just wanted to say that she was prepared to speak on behalf of the homeowners in Valeri Place Subdivision No. 1 and at this time they were not there tonight to oppose the Smith's development at the location of Linder and Cherry Lane, instead that they have entered into the agreement with Smith's provided that each party FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 11 i • fulfills it on their behalf; she to put that into the record and make it a part of the facts and findings for your conclusion on this development. d. Georgia Mackley testified that she just wanted to go on record that she is in favor of the Smith's Food King at the corner of Linder and Cherry Lane; she lives in the Vineyards Subdivision and drives through the intersection of Linder and Cherry Lane anywhere from 7:30 to 8:30 in the morning; she thinks that this corner and the traffic would accommodate Smith's Food King and she does not see any impact or very much of an impact that Smith's will have in that area. e. Puala Devaney testified that she was very much in favor of Smith's coming to this location; she lives in the Vineyards Subdivision; she thinks it is a good opportunity to bring additional services into her neighborhood; that the City's comprehensive Plan states that the City will promote the development of high quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhood; that Smith's has presented a plan which fits this criteria; that she would, however, like to address the City's reluctance to accept the area on the west end of the project as a park; it has been noted that the City is not interested in parks which are less than 5 acres there was just recently an article in the Idaho Statesman regarding the Police Activities League and Capital Youth Soccer feuding over the few soccer fields available; this land could be developed into two or three additional soccer fields which we need much more than we need nine more houses; we need soccer and football fields or softball fields that residents can walk to; it would form an identifiable neighborhood that the Co~aprehensive Plan refers to; that the City has a long way to go in developing the 50 plus acres that it has for a park; that in the meantime these smaller areas can, and should be, developed, especially when the developer is willing and able to do more than simply set the land aside, but actually develop it; she hoped Smith's would be approved regardless of what it done with the park area, but stated .that she would like to see the City reevaluate the idea of putting in a park that would contain soccer or some other playing field. f. Dan Bachini testified that he questioned whether Smith's was going to be here to stay? ; he quoted a Dow Jones News Retrieval, which stated the company comparable store FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 12 • • sales for the full year fell 3.4~ of those last year; that the City has an Albertson's, Fred Meyer and possibly a Waremart going in; that he had not seen the pictures before and he had not seen the drawings and they had not talked to Mike Wardle recently; that he questioned if what had been shown was a concept or a plan of the landscaping in the back, what type of trees, the size, the quantity back here, are they going to make it beautiful or just put a few trees in and those would maybe mature in about 15 or 20 years; he .also questioned if all deliveries were to the front; that he was worried about noise and wondered if the City has an ordinance for noise for when a certain decibel for the air conditioner, freezer compressors is at an acceptable level; he questioned what happens if the truck deliveries and street sweepers do not abide by a noise ordinance; he question if behind the store they are going to make it a dead 'end with the nice park back there; that he had brought this up before; that it was a perfect place to go and drink beer, have sandwiches or chips after work and how is that to be policed; he wanted to know about the trash from that; he wanted to know what type of houses are going to go in there and if they were going to be single family or are they ,going to be apartment houses or duplexes? g. Mary Ann Christman testified that she was there for a couple of purposes; number one, she does represent the two people who own the properties on the corner of Linder and Cherry Lane; however she had a greater interest in the fact that she was a resident of the Meridian area; she lives in Parkside Creek Subdivision; she is a real estate agent; her concern was that she was getting comments from people who were looking to move into the Meridian area and people who are currently living in the Meridian area, that there is no good support for shopping; people are glad to see that the Albertson's is coming into better location for them being out in the Cherry Lane and Ten Mile area, but that does not appeal to them as much as Smith's because it is not a competitive shopping situation; two Albertson' s is not what they are happy about; there is a major concern about no competitive shopping and the location of Smith's is something that they would very much like to see happen; I just wanted to convey that I hear what I have said almost on a daily basis. h. Charles Kline testified that his major concern was that the maintaining of the grounds there was always a lot of trash from people going into the store, buying a can of FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 13 • • coke and throwing them on the ground as they walked home or whatever; Smith's is saying they are putting the trees up in the back of the store to help maintain and beautify the area but who is going to be maintaining this area to make sure it stays clean and not become full of trash. i. Marceda Bachini testified that he would like to know about the truck traffic and when those trucks are going to be coming because if they are coming in the dark at 7:30 in the morning when bicycles are being ridden by dark clothed middle school kids I do not think it is very good for the City of Meridian. 15. That Mike Wardle, before the Commission, submitted draft minutes of the Boise City Council hearing testimony by Bev Stoddard, representative of the Meridian School District, in which Ms. Stoddard made the following comment: "We are welcoming Smith's for their other location they have chosen at Cherry and Linder. It is half a mile away from any of our schools and we have absolutely no problem with that." 16. That written testimony was submitted, before the Commission, some of which was not timely submitted and some of which was; the following is a summary of each persons written testimony if it was timely submitted: 1. W. Roy Hrown, 1701 W. Cherry Lane, stated that this store is badly needed to service the fast growing population in this area; that having shopped the Smith's in the Utah area, he found them to be clean, progressive, well- stocked operation and believes they provide good service to the community; that he recommends the C-N zoning. 2. Glenn R. Bentley, Meridian City Councilman, submitted written comment, which is incorporated herein as if set forth in full; he stated that the people who bought lots in Glennfield Manor with the knowledge that the remainder of the vacant land was in the plat for residential; he questioned how many people are willing to buy houses knowing their view out their picture window is the back of a grocery store; that with this store there would be FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 14 • four stores in a three mile stretch; and that drivers would use the Castle Falls street as a by-pass of the traffic light at Linder Road and Cherry Lane. 17. That at the Commission hearing Doug Rowallis, of Crest and Company, a real estate representative from Boise, addressed the Commission and testified that three (3) other sites besides this one at Linder and Cherry Lane had analysis done as possible locations; that the hours of operation is 24 hours with parking stalls for approximately 363 cars; that deliveries will be confined to the hours between 7:00 a.m. and 10:00 p.m. as well as the sweeping of the parking lot. 18. That, also before the Commission, Terry Schofield, the architect for this project, testified that all of the equipment and compressors for the refrigeration is included inside a penthouse with a mechanical well for the air handler sitting next to it; that this well is pressed down into the store so it is actually sitting at the same height as the mezzanine of the compressor well but is open on all four sides to allow the sound to escape directly upward. 19. That the Assistant to the Meridian City Engineer, Bruce Freckleton, Planning and Zoning Administrator, Shari Stiles, Meridian Police and Fire Departments, Central District Health Department and the Nampa & Meridian Irrigation District, submitted comments . 20. That the comments submitted by Bruce Freckleton, Assistant to the City Engineer are as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW SMiTH~S FOOD & DRUG CENTER, INC. Page 15 • • a. Any existing irrigation/drainage ditches crossing the property shall be tiled; b. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance, but wells may be used for non-domestic purposes such as landscape irrigation; c. That a drainage plan designed by an architect or an engineer shall be submitted for all off-street parking areas and that off-street parking shall be provided in accordance with. Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements; d. That outside lighting shall be designed and placed so as to not direct illumination on any nearby residences; e. That all signage shall be in accordance with Meridian City Ordinances; f. That the paving and striping shall be in accordance with the Americans with Disabilities Act. g. That the treatment capacity of Meridian's Waste Water Treatment Plant is currently being evaluated and that approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. 21. That Shari Stiles, Planning and Zoning Director, submitted comments regarding this request by Smith's Food & Drug Center, Inc.; that the majority of the property at the northwest corner of Linder Road and Cherry Lane is zoned R-4 and had been platted as Valeri Place (aka Kastle/Emerald/Cinder Falls) .. Subdivision; that Valeri Place Subdivision No. 1 has been recorded; that the final plat of Valeri Place Subdivision Nol 2 was approved on 8/3/93 and a one-year extension granted on 7/5/94 and that this plat is now null and void; that a portion of the site was rezoned on 3/15/94 to L-O, Limited Office to allow a low impact buffer between the intersection and anticipated residential development and that the applicants for the rezone to L-O were Glenn and Millie Nyborg; that the Generalized Land Use Map from the Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 16 • Plan shows this parcel as being Existing Urban and existing uses of a type similar to this are or will be located at Locust Grove Road, Meridian Road, and Ten Mile Road, all on Fairview Avenue/Cherry Lane. Ms. Stiles commented further that if this rezoning if approved, the Developer should provide the following: 1. A minimum 35-foot landscape buffer on Cherry Lane as well as details for approval prior to obtaining building permit; 2. Minimum 20-foot landscaped buffers on Linder Road and adjacent to residential uses (including across the road), with details for approval; 3. Complete site plan for review and approval prior to submitting for building permits to assure compliance with City ordinances and staff and agency requirements; 4. One (1) three-inch (3"j caliper tree for each 1,500 square feet of paving; 5. Construction in compliance with the Americans with Disabilities Act; 6. Extension and hookup of sewer and water lines to serve project; and 7. Application for conditional use permit for any further development (future pad site). 22. That comments submitted by the Nampa Meridian Irrigation District, Meridian Police Department, Meridian Fire Department and Central District Health Department are incorporated herein as if set forth in herein. 23. That all representations in the Application, all documents submitted as part of this Application, all representations made by the Applicant, and Applicant's agents, are incorporated herein as if set forth in full, whether stated herein or not. 24. The following statements are made in Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 17 • • Comprehensive Plan, to wit: "Economic Development Goal Statement Meridian seeks to stimulate, encourage and give preference to those types of economic activities and developments which provide for the employment of Meridian citizens and area residents, and reduce the need for people to commute to neighboring cities for work. 1. Policies 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.4 Positive programs should be undertaken to support existing industrial and commercial areas to ensure their continued vitality, such as: c.• .Zoning changes to assure desired economic development. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant." CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicants' property. 2. That the City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, and of actual conditions existing within the City and state. FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 18 • • 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 4. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 5. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area, the City Council specifically concludes as follows: (a ) The new zoning would be harmonious with and in accordance with the Comprehensive Plan and no Comprehensive Plan amendment is required. (b) The area is in the CINDER DISTRICT neighborhood and is along Cherry Lane, and which is designed for commercial and retail uses and a rezone of the subject property is in line with that designation. (c) The area around in the proposed zoning amendment is developed in a retail and commercial fashion that would be allowed under the new zoning and the new zoning would not be contrary to the allowed uses in the area and would be in line with existing developments in the area. (d) There has been some change in the area which may dictate that the property should be rezoned, the change from residential zoning to Limited Office zoning for the property and house which fronts on Cherry Lane and the property is to be developed in a fashion which comports with other FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 19 • • development in the area and existing zoning is probably out of line with the existing uses, particularly on the south side of Cherry Lane. (e) That it is unknown, specifically, that the property is proposed to be designed and constructed to be harmonious with the surrounding area, but the Applicant specifically aware that he is proposing to place a grocery and drug store amongst residential neighbors. (f) The proposed uses should not be hazardous or disturbing to the existing or future uses of the neighborhood, and the Applicant will be instructed and required to have its store as unimposing as possible. (g) The property will be able to be adequately served with public facilities, and connection to municipal sewer and water is required. (h) The proposed use would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. (i) The proposed use should not involve any detrimental activity to any person's property or the general welfare. (j) Development will cause a significant increase in vehicular traffic but it should not interfere with surrounding traffic patterns. (k) That this rezone will not result in the destruction, loss or damage of any natural or scenic feature of major importance. (1) The proposed zoning amendment is in the best interest of City of Meridian. 6. That as a condition of granting this rezone, the Applicant shall meet, perform, and comply with all of the representations made in the Application, all documents submitted as part of this Application, all representations made by the Applicant, and Applicant's agents; that if the representations are not met, performed, and complied with; that as set forth in 11-2- FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 20 • • 416 J., violations of the conditions of this rezone shall b, and are, violations of the Zoning Ordinance, and may be violations of other ordinances of the City of Meridian. 7. It is further concluded that the comments, recommendations and requirements of the other governmental agencies shall have to be met and complied with. 8. That all ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, the Fire and Life Safety Code, Mechanical Code, and all parking, lighting and landscaping requirements, and the lighting shall be done so that the adjacent residential structures are not effected. 9. That all requirements of these Findings of Fact and Conclusions of Law shall be met, including entering into a development agreement, which shall address the comments and concerns of City Staff, the representations of the Applicant and its agents, and the Ordinances of the City of Meridian. 10. It is further concluded that the comments, recommendations and requirements of all the other governmental agencies shall have to be met and complied with. FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITB'S FOOD & DRUG CENTER, INC. Page 21 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian City Council hereby adopts and approves these Amended Findings of Fact and Conclusions of Law. ROLL CALL COUNCILMAN MORROW VOTED COUNCILMAN BENTLEY VOTED 0 COUNCILMAN ROUNTREE VOTED COUNCILMAN TOLSMA VOTED MAYOR CORRIE (TIE BREAKER) VOTED ~ ~jf'~~~Z~j~tP~t'f' ,fU G~PC/rion~ DECISION ~t~l~[CE'/-vl ~ j'Lcj /)~i~~i /Z~ The Meridian City Council decides that the requestedJrezone of the land to Neighborhood Business District (C-N), is hereby granted; that as a condition of the rezone that the Applicant meet the terms and conditions of these Findings of Fact and Conclusions of Law, the comments and requirements of the City Staff, the water and sewer ordinance requirements, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, the Fire and Life Safety Code, Mechanical Code, and all parking, lighting and landscaping requirements. If there are irrigation canals, drainages or other means of conveying water, located on the property, they shall be tiled. MOTION: APPROVED: ` FINDINGS OF FACT AND CONCLUSIONS OF LAW SMTTH'S FOOD & DRUG CENTER, INC. DISAPPROVED: Page 22 t i SMITH'S FOOD & DRUG CENTER INC. REZONE APPLICATION MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing January 9, 1996 at the. hour of 7:30 o'clock p.m•, the Petitioner appearing through its representative, Mike Wardle, the Planning and Zoning Commission of the City of Meridian having duly considered ._.. _ r _ the evidence and the matter, makes the following Findings of Fac and Conclusions: ~___ - _ ___ FINDINGS OF FACT __ . --- -- - _ -- - _ _ ubiic 'Ftear~.ng _ 1. That a notice_ o a P Application was published for two (2) consecutive weeks prior to ___~__,_._...~.__._... ~ . 1996, the first the.-said public hearing scheduled-for January 9, publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 9, 1996, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property is located within the City of Meridian and the owners of record are James Huarte, of Shingle Springs, California, Dorothy L. Manning, Boise, Idaho, and Richard A. Baer, Meridian, Idaho, which property is described in the application FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 SMITH'S FOOD & DRUG CENTER, INC. which description is incorporated herein; that the owners have that the property is presently zoned consented to this application; Limited Office; that the R-4, Low Density Residential and L-O, Neighborhood Applicant requests a rezone of the 8.34 acres to C-N, ' ess to allow construction of a Smith's Food and Drug Center. Busin , 3. The present land use is currently two dwellings at the corner, one owner occupied and the other a rental; that the balance of the property is vacant and formerly proposed to be an extension of Valeri Place Subdivision. 4. That the surrounding property consists of residential to '" °the-North; bare ground to the West and further west and abutting the bare ground is Valeri Place No. 1 Subdivision; to the South, arcels, including across Cherry Lane, .there are three developed p _._.__-__ :~_-- ~_-a._Maverik _Conv_enience Store; to the _~ ~- - __- __ amino' s Pi z a a,_- _ - - --__ _ _ _ __- _ _ ___-- __ _ across Linder Road, is vacant land and three single family East, homes fronting Cherry Lane; and. to the Southeast is undeveloped land with C-N and R-8 zoning. 5. That the Applicant proposes to construct a 60,000 square foot front-loading food and drug store on a 7.24 acre parcel. 6. That the Applicant stated in the application that it roposes to buffer the North; that a row of single family lots on P an extension of Kastle Falls Way would buffer the existing homes in Glennfield Manor Subdivision; that a 25 foot setback at the rear of landsca ed the store facing the new residences will be intensely P with only wall mounted, down-cast security lighting; that there will be no service access at the rear of the store; that to the FINDINGS OF FACT AND CONCLUSIONS OF LAW page 2 SMITfl'S FOOD & DRUG CENTER, INC. • est there are two (2) options possible; that a cul-de-sac be W r `, reliminary Plat or provide the 2.69 developed in the subdivision p e of both acre parcel for a public city park; that the frontag Cherr Lane and Linder Road will be bermed and extensively Y landscaped; that on a plat drawing submitted with the rezone roximate 2.69 acres that application the applicant showed the app p, licant's representative mentioned as being a park area and on PP the lat drawing it states "For Future Residential or Recreational P _. Use". ~. That a traffic study has been conducted by Bell-Walker lication, as well as to the _- _a ~ __ _.._ ___ ~ngneezS and ubmitteel=~-with- _thi app. that the traffic Ada County Highway District for their review; -study is incorporated herein as-if set-forth in ful . _s~_,,,y .. ~ • ~t is described in the Zoning ~- N°~~stri - _ _ ~.~__._-"That Ordinance, 11-2-408 B. 2 as follows: - C-N -Communit ..Business District: The purpose of the _ __ __ {C-N}-District is to permit the establishment of smal ,scale convenience busine the res dent of an immediate meet the daily needs of olicies of the Meridian neighborhood (as defined by the p and Comprehensive Plan); to encourage rovideeservice to strategic siting of such businesses to p the neighborhood and avoi distrri.cts~n All such d~.stricts the adjoining residential shall give direct access to transportaai Water and Sewer collectors, be connected to the Municip _... systems of the City of Meridian, and shall not constitute "~ art of a strip development concept. all or any p That in the Meridian Comprehensive Plan neighborhoods are 9. defined in the Plan at Page 6 as follows: "Definition: The neighborhood is a residential area with uniform characteristics of a so= a small business convenience served by an elementary school FINDINGS OF FACT AND CONCLUSIONS OF LAW page 3 SMITH'S FOOD & DRUG CENTER, INC. • center or a local park. Although neighborhoods occur in various shapes and sizes, a section of the City measuring one- half to one and one-half mil acilities withina easyu walking planning purposes. It has f distances and provides the basis for community identification." 10. That Ordinance 11-2-410, ZONING SCHEDULE OF BULB AND COVERAGE CONTROLS, A, for the C-H District, requires that there be a ten (10) foot side yard setback. 11. Mike Wardle, the Applicant's representative, testified that the parcel in question lies north of Cherry Lane, West of Linder Road, and is approximately 7.25 acres in size; that the proposed change is from the existing R-4, single family residential and L-O, limited office zon8s, to a C-N, Neighborhood Business Ds-trict; .that Smith's has met with the residents in an October 1995 meeting and a November 9, 1995 meeting, expressly to deal with _ _ __ __ __ the _ concerns of the resdentu affected~~by~ on finally the store was to be built to the north with just a 9 __ _..._. _ _ __ _ that buffer between the store and the existing Glennfield Manor; licant has since chap ed its roposal and moved the store the App g p ublic street, to southerly and proposed an extension of the p develop an additional six (6) lots that would provide the buffer between the store and the existing residents to the north; that the buffer at the back of the store then would be a 25 foot landscaped area, again with no service activity at the back; that the building height would be 26 feet with a berm going up the back and landscaping, both in sod, ground treatment, and a lot of vertical growing bushes to provide a buffer. FINDINGS OF FACT AND CONCLUSIONS OF LAW page 4 SMITH'S FOOD & DRUG CENTER, Imo. That for the residents affected in the Linder Falls Subdivision area, two (.2) options were proposed; one being a cut- de-sac, which is close to what was originally proposed in the the first preliminary ,plat, and the second being a 2.7 acre park; option being two (2) additional rows of houses, and the second option would be the possible dedication to Meridian of that space as a park; that Smith's will work with the residents to resolve concerns regarding screening, landscaping and control of lighting and signage. Mr. Wardle also submitted written comment pertaining to the Meridian Comprehens_ve__Plan which is incorporated herein as if set forth in full. Additionally, a STATEMENT OF SUPPORT, signed by 16 people was submitted the night of the hearing is incorporated L _ min wa,s- if set_f.Qrth -in full . _ .,. e. _~ _ --- - _ _ _ Mr. Wardle submitted additional comments after the public had _ given testimony; he stated that Smith's will work with Meridian and residents to resolve concerns, to mitigate problems, to provide appropriate screening, landscaping and to control lighting and signage; that the commission must deal with the factual issues and not the emotional issues; and that the Meridian Comprehensive"p an is silent with respect to where these types of facilities should be located. 12. Gary Funkhouse, transportation engineer with Bell-Walker Engineers, testified regarding the traffic impact analysis prepared for this proposed development; that the estimated trip generation for this site will be 6600 trips per day; that three (3) types of FINDINGS OF FACT AND CONCLUSIONS OF LAW page 5 SMITH'S FOOD & DRUG CENTER, INC. trips make up this analysis: 1. Primary trip-~-a trip from a residence that is heading directly for this site. y ou are travelling 2. Diverted link trip--a trip where b y down another roadway and you divert over outweresheadeda then head back to your next des ou as=e ncurrently on the 3. Pass by trips--a trip where y existing roadway and you turn into the site and turn out and continue on your trip you were already on. That new trips to the site are primary trips and diverted link trips, that being trips where the initial goal was not grocery shopping; that 'pass by' trips are estimated for this type of development, or that are already on the system on Linder and Cherry Lane; pass by trips are estimated for this type of development at approximately 50$ of the 6600, or approximately 3300; that less than 2.2$, or 120 trips, of the trips are generated during the time ._ frame of 7:00 to 8:00 a.m. when children are going to school and -- -__. _ _ about 6._5$ of .the trips are Beading for this site when oing to and from their dismissal time of 3:00 p.m. ; that "diverted g trips" were not calculated; that the roadways that are serving t e site are both arterial roadways, minor arterials; that one is five 5 lane and the other three (3) lane and that this intersection of (1 Cherry Lane and Linder Road is a level of service "C" which is desirable by the Ada County Highway District and which will remain a level "C" when this project is completed; that the change in average delay by the addition of this site is one (1) extra second per vehicle, on an average; that the normal zone that you analyze is two to three miles from this site as the normal drawing area for this type of store. FINDINGS OF FACT AND CONCLUSIONS OF LAW page 6 SMITH'S FOOD & DRUG CENTER, INC. • • 13. Joann Butler, Boise attorney, representing Smith's, testified that the rezone will implement what the Comprehensive Plan desires and she presented a set of FINDINGS FOR APPROVAL for the Commission, which are incorporated as if set forth in herein. 14. There were several property owners in the immediate area who testified regarding the application; the testimony can be summarized as follows: a Paula Devaney testified that she is in favor this proposal; that two (2) things this City needs are additional neighborhood services and additional parks and recreation; the more residential, the more houses which equates to more burden on schools and well as increase the traffic; tharecedence to opportunity for the City to set a p start doing some partnering with developers.. and.,. getting wheat the City wants as well as what the City needs. b. That Pam Bennett testified she and 160 signatures cple- in the area oppose Smith's moving into _. _ ,,~._.._ ~,h a,. _..~_ _ -- this location; tha~~~eY a~ rezoning and there is no need for anothe tha octh store within a three (3) mile radius; subdivision of Linder Falls, formerly known as Kastle Falls, has strict CC&R's which speak to nuisances and offensive activities and no commercial activity, in addition to no exterior or interior lighting being placed to cause glare, excessive light spillage onto neighboring lots; that she and the resident's concerned with this proposal__are_ an organized_ and serious taxpaying group of homeowners prepared.' to fight"Smith's -" rezoning proposal. c. Bonnie Bradshaw testified that being just new to the area and not familiar with the comprehensive plan, wishes a different location be fo to the Smith's but is not opposed to Smith's coming area. d. That Shelly Monks testified that she has collected within her block alone, 14 names of homeowners in support of Smith's; that this is a growing community and like it or not it is happening. FINDINGS OF FACT AND CONCLUSIONS OF LAW page 7 SMITfl'S FOOD & DRUG CENTER, INC. • • e. Dee Ray Olsen testified that she is excited with d the choice of the prospect of this application an it will be convenient and Smith's in location.; that the past was a good neighbor- f. Kristen Miller testified that considering what is their parents should good for the children and for nized; that the traffic now is hectic and reco b d g e a to add a grocery store in the mix would create g congested traffic their rced~ t ~havee Sm thes in f o should not be neighborhood. g. That Dan Barkini testified that he is not opposed in and that he welcomes the h a to the food store c competition; that he is opposed to the rezoning of to the northwest corner of Linder and Cherry Lane le family residences; that with t sin g anything excep the market comes noise, smell, lights and raises less desirable the safety issue, making the area a area to live in. h. Lisa Johnson testified that she is also opposed to lose to the this application; that $t is too c hich has strict restrictive covenants subdivision w and the risk it has of devaluing her property. i. That Sharon Litzbauer offered testimony stating.-. bring in off of t o that she sees by Smith's plans (2) streets creating a through street; two d i . er . n L that now ,safety become an issue as cars use the that the street as a short cut to the new store; 't hinder the traffic deterrent of speed bumps won h the neighborhood. ou th g r increase Commissioner Oslund pointed out that regardless of sidential or the corner development, whether re tential for cut through exists h e po commercial, t either way. j. Brent Perkins testified that a store in that ubdivision of that nature is bound proximity to a s to affect the property values; that to put another whe is grocery store in this tight of an area for shopping already the available space tripling, is definitely going to innpact some of the residents of this community. k. Leslie Peters offered testimony stating her idewalks would be concerns of safety; whether s FINDINGS OF FACT AND CONCLUSIONS OF LAii page 8 SMITH'S FOOD & DRUG CENTER, INC. • • required on both sides of Linder Road and added that speed bumps is not going to slow traffic down and whether the speed limits would be more monitored. 1. Mary Ann Christman, of the Parkside Creek Subdivision, testified she is in favor of Smith's and the location chosen; that her lot backs up to the new Albertson's location and bought the lot knowing that the food chain was going to be building a new store; that she has shopped at Smith's in their other locations and found Smith's to be very competitive; that she understands the feelings of the neighbors to this proposed location, but that Smith's, in considering the people in the area, are proposing a park, planning berms, lots of landscaping, something she wishes she would have at her location; that being a realtor in the area she has heard a lot of commores about the fact there is not enough grocery or amenities_ in the area; that Smith's will bring ~_ . convenience"and competition to s opper -- m. Bredon Johnson, 1970 Emerald Falls Court, testified that he is opposed to this proposal of taking residential space to build a store on when there is _~ommercial space out there that wou~ld~s~~ 1~ __-just as_ well; -£~~`~Tiis ~~ ~.~9~ of his home; that the concept of building one row of houses as a buffer in his opinion, will not solve the problem; that he is opposed in merging commercial that closely with residential and that he did not purchase his home knowing that commercial zoning was going to be his neighbor. n. That Marvin Bodine testifiedets man a morea li tle never get a big park if it g Y parks, which are a detriment and don't do Meridian any good. o. Terri Maupin, 1672 North Kastle Fallsll ation, offered testimony opposing this app stating that while unpacking moving boxes she received information regarding this application by Smith's; that the maps she viewed at the time she was interested in purchasing the home showed the area as residential, being the next phase of the subdivision; that her realtor got the information from the realtor representing the building stating the same ut hreceived swhat she thoughts was ra dgood prsce, b FINDINGS OF FACT AND CONCLUSIONS OF LAW page 9 SMITH'S FOOD & DRUG CENTER, INC. • deal being in Meridian. p. Chris Jacks testified. that he applauds Smith's coming to Meridian but does not approve of the location; that the increased traffic and safety of his children is of concern. q. That Randy Nash testified he purchased his home in good faith in an upscale neighborhood with further plans for residential development and not commercial; that this proposed development is going to devalue his home dramatically; that this will downscale the neighborhood and also increase traffic and he opposes this application. r. Wanda Lansbury, 1383 Storey Street, testified that she is in favor of this proposed development; that if it wasn't developed for a market, it could be something worse like a dog kennel, bar or drive-in. s. Georgia Mackly, 1287 North Santa Rosa, testified that she was hired by Mr. Jim Huarte, who inherited this property, to clean up phase 1 of Linder Falls; that the houses were not selling in Linder Falls and nothing affects homeowners value more than houses -not .selling; that since _Smith's announcement, there has been one (1) spec house a n 1 r] a n r3 t wn / 2 }~options_._DIl.-- tW!O_ .- (--2 ) _. mOLe.. 1, ot.$ ~ ~rhr'~ ~' as a citizen of Meridian, she approves of the Smith's application and also knowing Mr. Huarte's good faith effort is and trying to do the best -thing with the property on the corner. t. Belly Maupin, testified, commenting that he will be looking at the parking lot and the lights on the light towers and that there is nothing that can block that. u. Elizabeth Goon, 1862 Emerald Falls Drive, testified that she lives right across from the proposed Smith's in lot 26, that she brought in 160 signatures from folks living on all sides of Linder and Cherry Lane; folks who do not want a grocery store that close or the traffic that comes with it. v. Mary Lou Bower testified that she lives in a house which would be three doors away from the proposed Smith's store; that this property should remain residential and that Smith's find some commercially zoned property; that she is not opposed to Smith's except that they want to come in at this location FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 10 • and that it will hurt her property value. 15. That Mike Wardle submitted draft minutes of the Boise City Planning and Zoning Commission hearing testimony by Bev Stoddard, representative of the Meridian School District, in which Ms. Stoddard made the following comment: "We are welcoming Smith's for their other location they have chosen at Cherry and Linder. It is half a mile away from any of our schools and we have absolutely no problem with that." 16. That written testimony was submitted, some of which was not timely submitted and some of which was; the following is a summary of each persons written testimony if it was timely submitted: 1. W. Roy Brown, 1701 W. Cherry Lane, stated that this store is badly needed to service the fast growing population in this area; that having shopped the Smith's in the Utah area.,-,_~ _y~.~.-clean-,-.~rc~gre ~ - stocked operation and believes they provide good service to the community; that he recommends the C-N zoning. -::2. Glenn R._.Bentley_, Meridian City Councilman, submitted written comment; which is incorporated herein as if set forth in full; he stated that the people who bought lots in Glennfield Manor with the knowledge that the remainder of the vacant land was in the plat for residential; he questioned how many people are willing to buy houses knowing their view out their picture window is the back of a grocery store; that with this store there would be four stores in a three mile stretch; and that drivers would use the Castle Falls street as a by-pass of the traffic light at Linder Road and Cherry Lane. That petitions were submitted the night of the public hearing, signed by approximately 150 people, stating they were not in favor and do not support the rezone application. 17. That Doug Kowallis of Crest and Company, a real estate FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 11 • representative from Boise, addressed the Commission and testified that three (3) other sites besides this one at Linder and Cherry Lane had analysis done as possible locations; that the hours of operation is 24 hours with parking stalls for approximately 363 cars; that deliveries will be confined to the hours between 7:00 a.m. and 10:00 p.m. as well as the sweeping of the parking lot. 18. That Terry Schofield, the architect for this project, testified that all of the equipment and compressors for the refrigeration is included inside a penthouse with a mechanical well for the air handler sitting next to it; that this well is pressed down into the store so it is actually sitting at the same height as the mezzanine of the compressor well but is open on all four sides to allow the sound to escape directly upward. 19. -That the Assistant to the Meridian City Engineer, Bruce Freckleton, Planning and Zoning Administrator, Shari Stiles, Meridian Police and Fire Departments, Central District Health Department and the Nampa &,Meridian Irrigation District, submitted comments; that there were no comments submitted by the Ada County Highway Commission, but when they are, they shall be incorporated herein as if set forth in full. 20. That the comments submitted by Bruce Freckleton, Assistant to the City Engineer are as follows: a. Any existing irrigation/drainage ditches crossing the property shall be tiled; b. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance, but wells may be used for non-domestic purposes such as landscape irrigation; FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 12 ~ ~ c. That a drainage plan designed by an architect or an engineer shall be submitted for all off-street parking areas and that off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements; d. That outside lighting shall be designed and placed so as to not direct illumination on any nearby residences; e. That all signage shall be in accordance with Meridian City Ordinances; f. That the paving and striping shall be in accordance with the Americans with Disabilities Act. g. That the treatment capacity of Meridian's Waste. Water Treatment Plant is currently being evaluated and that approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. 21. That Shari Stiles, Planning and Zoning Director, submitted comments regarding this request by Smith's Food & Drug ___ - _. enter, Inc.; that the majority of the property at the northwest corner of Linder Road and Cherry Lane is zoned R-4 and had been -platted as Valeri Place (aka Rastle/Emerald/Cinder Falls) T~`~h~bdirison; that Valeri -Place Subdivision No. 1 has been recorded; that the final plat of Valeri Place Subdivision Nol 2 was approved on 8/3/93 and a one-year extension granted on 7/5/94 and that this plat is now null and void; that a portion of the site was rezoned on 3/15/94 to L-O, Limited Office to allow a low impact buffer between the intersection and anticipated residential development and that the applicants for the rezone to L-O were Glenn and Millie Nyborg; that the Generalized Land Use Map from the Comprehensive Plan shows this parcel as being Existing Urban and existing uses of a type similar to this are, or will be, located at Locust Grove Road, Meridian Road, and Ten Mile Road, all on Fairview Avenue/Cherry Lane. FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 13 • Ms. Stiles commented further that if this rezoning if approved, the Developer should provide the following: 1. A minimum 35-foot landscape buffer on Cherry Lane as well as details for approval prior to obtaining building permit; 2. Minimum 20-foot landscaped buffers on Linder Road and adjacent to residential yes (including across the road), with details for approval; 3. Complete site plan .for review and approval prior to submitting for building permits to assure compliance with City ordinances and staff and agency requirements; 4. One (1) three-inch (3') caliper tree for each 1,500 square feet of paving; 5. Construction in compliance with the Americans with Disabilities. Act; -- 6. Extension and hookup of sewer and water lines to serve project; and 7. Application for conditional use permit for any further development (future pad site). 22. The following stateatents are made in Meridian Comprehensive Plan, to wit: "Economic Development Goal Statement ____ _ _- _._..~_.._w__..~._.w.,.~~~w-__ _ ~-- -~-.._.~_, _..._ - ------- ---- ..... ___._._ ----- - - ---------- ,_ .~_, - Meridian seeks to stimulate., encourage and give __ preference to those types of economic activities and developments which provide for the employment of Meridian citizens and area residents, and reduce the need for people to commute to neighboring cities for-work. 1. Policies 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.4 Positive programs should be undertaken to support existing industrial and commercial areas to ensure their continued vitality, such as: . . c. Zoning changes to assure desired economic development. 1.6 It is the policy of the City of Meridian to support shopping facilities which are FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 14 i effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant." 23. That property notice has been given as required by law and all procedures before the Commission have been followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicants' property. 2. That the City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, and of actual conditions existing within the City and state. T~~~V~'~~---~3: - That the City- of Meridian has authority to place conditions upon granting a zoning amendment. 4. -That-the City-has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 5. That 11-2-416 (R) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 15 of those requirements and a review of the facts presented and conditions of the area, the Planning and Zoning Commission specifically concludes as follows: (a ) The new zoning would be harmonious with and in accordance with the Comprehensive Plan and no Comprehensive Plan amendment is required. (b) The area is in the CINDER DISTRICT neighborhood, as set forth in the Meridian Comprehensive Plan, is along Cherry Lane, which is designed for commercial and retail uses, and a rezone of the subject property is in line with that designation. (c) The area- around the proposed zoning amendment is developed in a retail and commercial fashion that would be allowed under the new zoning and. the new zoning would not be contrary to the allowed uses in the area and would be in line with existing developments in the area. (d) There has been some change in the area which may dictate that the property .should be rezoned, the change from residential zoning to Limited Office zoning for the property and house which front on Cherry Lane and the property is to be developed in a fashion which comports with other development _,w..~ ._,_~ _,,.. _.... _ _ _ .in .~lae _ area ---and _~:he existing zoning --is- -probably---eut- af- _}~ne----- ------ with the man existin uses Y g particularly on the south side of Cherry Lane. (e) That it is unknown, specifically, that the property is proposed to be designed and constructed to be harmonious with the surrounding area, but the Applicant is specifically aware that it is proposing to place a grocery and drug store among residential neighbors. (f) The proposed use should not be hazardous or severely disturbing to the existing or future uses of the neighborhood, and the Applicant will be instructed, and required, to have its store as unimposing as possible. (g) The property will be able to be adequately served with public facilities, and connection to municipal sewer and water is required. (h) The proposed use would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 16 • i (i) The proposed use should not involve any detrimental activity to any person's property or the general welfare. (j) Development will cause a significant increase in vehicular traffic but it should not interfere with surrounding traffic patterns. (k) That this rezone will not result in the destruction, loss or damage of any natural or scenic feature of major importance. (1) The proposed zoning amendment is in the best interest of City of Meridian. 6. That the Applicant shall be required to meet and comply with all of the comments and requirements of Bruce Freckleton, Shari Stiles, Central District Health, Meridian Police and Fire Departments. 2 7. That it is recommended that the approximate .69 ac es to the west of where the store is to be located be develop as a park with maintenance provided by the homeowners association of Valeri -Place Subdivision. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings. of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER OSLUND COMMISSIONER SHEARER COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. VOTED ~- VOTED VOTED ~ VOTE /v VOTED 3i '~- Page 17 RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Rezone requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, Fire Department requirements, Sewer and Water Department requirements, the Nampa Meridian Irrigation District requirements, the fire and life safety codes, and the Uniform Building Code, and other all Ordinances of the City of Meridian. MOTION: APPROVED ~"~!~ DISAPPROVED J FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 18 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: ~ • COUNCIL MEMBERS HUB OF TREASURE VALLEY A Good Place to Live RONALD R. TOLSMA MAX YERRINGTON IDIAN CITY OF MER WA T W. MORROW 33 EAST IDAHO P & Z COMMISSION MERIDIAN, IDAHO 83642 JIM JOHNSON, Chairman Phone (208) 888-4433 • FAX (208) 887-4813 MOE ALIDJANI Public WorksBuilding Departrnent (208) 887-2211 JIM SHEARER Motor Vehicle/Drivets License (208) 888-4443 CHARLIE ROUNTREE TIM HEPPER GRANT P. KINGSFORD Mayor January 5, 199b To: Mayor, City Council, Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer ~~~~ Re: SMITH'S FOOD AND DRUG CENTER #129 -Request to Rezone 8.34 Acres to C-N {by Smith's Food and Drug Centers, Inc. I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: ~ GENERAL 1. Any existing irrigatit3n/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-6Q5. M. Plans Will need to be approved by the appropriate irrigarionldrainage district, lateral users association or down stream users, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project Will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 4. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act {ADA) requirements. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted for all off-street parking areas and shall be approved by the City Engineer {Ord. 557, 10-1-91). b. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. SMITH'S.P&Z • • Mayor, Council and P&Z January 5, 199b Page 2 7. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. • SITE SPECIFIC COMMENTS: 1. The legal description submitted with this application for rezone, appears to meet all the requirements of the City of Meridian and State Tax Commission. 2. Sanitary Sewer and Water services are existing at the end of the stub street extending towards the proposed sit from Valeri Place Subdivision dba "Linder Falls". 3. The treatment capacity of the City of Meridian's Wastwater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. SMITH'S.P&Z WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI 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, Il?AHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers license (208) 888-4443 ROBERT D. CORRIE Mayor MEMORANDUM: TO: Planning & Zoni g Commission/Mayor and City Council ~~~~~ FROM: Shari Stiles, P&Z Administrator COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY January 9, 1996 SUBJECT: Request for Rezone of 8.34 Acres from R-4 and L-O to C-N by Smith's Food & Drug Center, Inc. Smiths Food & Drug Center, Inc., is requesting that property at the northwest corner of Linder Road and Cherry Lane be rezoned to C-N to permit construction of a 60,000-square-foot neighborhood shopping center at the northwest corner of Linder Road and Cherry Lane. The majority of the property is zoned R-4 and had been platted as Valeri Place (aka Kastle/Emerald/Cinder Falls) Subdivision. Valeri Place Subdivision No. 1 has been recorded. The final plat of Valeri Place Subdivision No. 2 was approved on 8/3/93 and aone-year extension granted on 7/5/94; this plat is now null and void. A portion of the site was rezoned on March 15, 1994, to L-O to allow a low impact buffer between the intersection and anticipated residential development. The Applicants were Glenn and Millie Nyborg. FF/CL for that rezone will be provided upon request should you require a copy. The Generalized Land Use Map from the Comprehensive Plan shows this parcel as being Existing Urban. Existing uses of a type similar to this are or will be located at Locust Grove Road, Meridian Road, and Ten Mile Road, all on Fairview Avenue/Cherry Lane. If approved for rezoning, the Developer should provide: 1. A minimum 35-foot landscape buffer on Cherry Lane as well as details for approval prior to obtaining building permit; 2. Minimum 20-foot landscaped buffers on Linder Road and adjacent to residential uses (including across the road), with details for approval; • • P&Z Commission/Mayor and Council January 9, 1996 Page Two 3.~l~let~ site plan for review and approval prior to submitting for building permits to assure compliance with City ordinances and staff and agency requirements. 4. One (1) three-inch (3") caliper tree for each 1,500 square feet of paving. 5. Construction in compliance with the Americans with Disabilities Act. 6. Extension and hookup of sewer and water lines to serve project. 7. Application for conditional use permit for any further development (future pad site). WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flra Chfef 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 WorlrslBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: January 2. 1996 TRANSMITTAL DATE: 12/18/95 HEARING DATE: 1/9/96 REQUEST: Rezone of 8.34 acres to C-N BY: Smith's Food and Drug Center, Inc LOCATION OF PROPERTY OR PROJECT: North of Cherry Lane and West of Linder Road JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z _GREG OSLUND, P/Z _TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATI ELIM & FINAL PLAT) CITY FILES ~ ~ ~ /~ L J~ `L YOUR CONCISE REMARKS: CITY ®F MERIDIAN .. ~ ` WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chfef 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 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE AUDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: January 2, 1996 TRANSMITTAL DATE: 12/18/95 HEARING DATE: 1/9/96 REQUEST: Rezone of 8.34 acres to C-N BY: mith's Food and Drug Center, Inc LOCATION OF PROPERTY OR PROJECT:- North of Cheny Lane and West of Linder Road JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT -.SEWER DEPARTMENT BUILDING DEPARTMENT AFIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA PLANN NG A SOC ATION ICT ~~~~i~ r~~ CENTRAL DISTRICT HEALTH V NAMPA MERIDIAN IRRIGATION DISTRICT DEC "1 0 1995 DAHOO POWERI CO.(PRELIM & FINAL PLA~T~ ~F I~~K1UlA U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELCIM 8/~FINAL PLAT) OTHER:ES ~~ ` ~ 7 ' `7.~ YOUR CONCISE REMARKS: ter' : ,~./ Ftlzr ?~~eo~{ i~%LL ~Uo f 6 /~- a ,~- a~r~ ~,~au~"~ ~S • = j - .. a N a w rf w N ~r o ~~ ~~ m mw3o~ m ~O~L+ EY°i~ p,-+ m ~.Gto ,~a-.' ,m, ^"~`' ~rJ' ~ yg~ <.i0 N C n 'y ... ~7 ~ in'~ A O °tA ~~ C 7 ~~ °'~''i o,e~ ~ rs'c ~ °w i5 ~ ls7 Cif O ~,°.~ O ~' Yw~' A O "i7e9o co~ ~A O °:n~ Ey O ~. >~ Z ^$a Z ~'~e =~g.p.m Z %~`" a E ~ S'~ a .fib c.~ '~ m w c0 ~ ~ a ~s~ ~p 3? no.em m 'o'ff 3~ `'.~ a ~~E m5° ~ ~o ~R Z ~~5• m N N °' 3• m y ;rl .o ~ o '° ~ N v a E n ? 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N O m O m a a en ~~ ~ F ~m ~., C :--.~a ~ ~ A _ ~ ~ ~ q~r y ~ ~ ~. c o •~ C a~ 3 ~~'~ ~ Z 5•~i ~ m a a w ~n O ~ m . ~~ ~p '~ ~=• 3 F ~ ~° ~ ro , . 5'85 0 0 ~ 5 ~ ' °' a N~ ~m ~ ~ ~ ~~.y j"O at " g a ~ "--.~ ~ N y r y ~ y ~ 3 w ~ 4 s a^ X ~o o~ E a aE ~ ~ O t ,,,,~ x $ ~ n E y CENTRAL CE •• DISTRICT ~RHEALTH DEPARTMENT Rezone # Conditional Use # 1 ENT n to: .' .I ~,. ,5s ~ ~ E~` ~ ^ Boise ^ Eagle .,q~~~ +~~ ~~~I'r~>t~~ Garden city Meridian ^ Kuna Preliminary /Final /Short Plat ^ ACZ ~iLr % ~ S ~Ooa~ ~~~ ~ry~r CG~~~~ ~.~c . ^ I . We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. v , ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ,~. central sewage ^ community sewage system ^ community water well ^ interim sewage „~. central water ^ individual sewage ^ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ~-central sewage ^ community sewage system ^ community water ^ sewage dry lines -central water 10. Street Runoff is not to create a mosquito breeding problem. ^ I I. ^ 12. ^ 13. ,~ 14. 15. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. We will require plans be submitted for a plan review for any: Qrfood establishment ^ swimming pools or spas ^ beverage establishment ^ grocery store L DISTRICT HEALTH DEPA Environmental Health Division ^ child care center Date: ~2 / 2 ~/~.S Reviewed By: ~:. ~c^ ytt~t-/Z Review Sheet CDND 10/91 rcb, rev. I/9S CENTRAL • • DISTRICT ~R'HEALTH DEPARTMENT MAIN OFFICE • 707 N, ARMSTRONG PL. • BOISE, ID. 83104 • (208) 375.5211 • FAX; 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORMWATER MANAGEMENT RECONIlVIENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho Regional Office, September 1995. 2) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992. 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR. STORMWATER AND SITE DRAINAGE MANAGEMENT. Serving Valley, Elmore, Boise, and Ada Counties Ada /Boise County Office WIC Boise • Meridian 107 N. Amutrong PI. 1606 Roberts Boise, ID. 83104 Boise, ID. Enviro. Heafih: 321.1499 83705 Ph.334-3355 Family Planning: 327.7400 324 Meridian, ID. Immun¢ations: 327-7450 83642 Ph. 888-6525 Nut~ion: 327.7460 WIC: 321-1488 Elmae Count' Office of Environmental Heafih 190 S. 4th Street E. Mountain Home, ID. 83641 Ph. 581-9225 Valley County Of<ce P.O. Box 1448 McCall, ID. 83638 Ph. 634.1194 Elmae County Office 520 E. 8th Street N. Mountain Home, ID. 83647 Ph. 587-4407 • COl1NCIL MEMBERS , OFFICIALS HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk A Good Place to Live RONALD R. TOLSMA MAX YERRINGTON JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., Clty Engineer CITY OF MERIDIAN BRUCE D. STUART, Water Works Supt. 4YALT W. MORROW JOHN T SHAWCROFr, waste water supt. 33 EAST IDAHO PAZ COMMISSION DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 JIM JOHNSON, Chairman PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX f~) 887-4813 (~ MOfc ALIDJANI KENNETH W. BOWERS, Fire Chief ~ JlM SHEARER Public Works/Building Departroeot (208) 887-2~IS ~ L~ ~ W.L. "BILL" GORDON, Police Chief U v IE ROUNTREE Motor Vehicle/Drivers License (208) 888-4443 WAYNE G. CROOKSTON, JR., Attorney TIM HEPPER DEC GRANT P. KINGSFORD 2 2 1995 Mayor NAMPA & MEp~UL4N IRRIGATION DISTRICT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: January Z. 1996 TRANSMITTAL DATE: 12/18/95 HEARING DATE: 1/9/96 REQUEST: Rezone of 8.34 acres to C-N BY: Smith's Food and Drug Center, Inc LOCATION OF PROPERTY OR PROJECT: North of Cheny Lane and West of Linder Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z _TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH ~ NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: Nampa & Meridian Irrigation District has no objection to the rezone of this parcel of land for Smith's Food and Drug Center. Inc.: however, if this project is approved, the District will need to ,"~ ~ i~. ~.si ,~ ~~ ~.s p ~r 1~~ v~~~ O~ ~°%9>~Iity~l~~da • • January 4; 1996 Meridian City Planning & Zoning 33 East Idaho Street Meridian, Idaho 83642 Gentlemen: ~tECEI'IVE~ J"~~ 0 5 1996 CITY t~F 1WEK~UyA Please consider this letter as our input to the Public Hearing dated January 9, 1996, regarding application of Smith's Food and Drug Centers to re-zone the North West corner of Cherry Lane and Linder Road. We can not be present to testify personally, however, we do want our concerns to be part of the public record. We feel this store is badly needed to service the fast growing population in this area. The nearest comparable store is over one mile away. We have shopped at Smith's in Utah, and find them to be clean, progressive, well stocked operation and believe they provide good service to the community. We recommend the requested C-N zoning be granted. Sincerely, ~~ W. Roy Brown 1701 West Cherry Lane Meridian, ID 83642 • • TO: Meridian Planning 6 Zoning RE: Rezone for Smith's Food & Drug Jan S, 1996 Commissioners; I have some questions and concerns with the request for rezone for Smith's Food & Drug. 1. The residents of Glenfield Manor, immediately North of this project, purchased their houses with the knowledge that the remainder of vacant land was in the plat for residential, i.e., Castle Falls. 2. The proposal for one row of houses to "Buffer" the residents of Glenfield Manor raises a question of haw many people are willing to buy houses knowing their view out of their picture window is the back of a grocery store? 3. With this store we will have four grocery stores within a three mile stretch of Fairview/Cherry Lane, (Fred Myer's at Locust Gr., Albertson's at Meridian Rd., Smith's at Linder, and Albertson's at Ten Mile) this could be over saturation. Can this area support four stores? What happens if it cannot and Smith pulls out again? 4. When morning traffic backs up like it does now, drivers will use the extension of Castle Falls St. as a by-pass to the light at Linder & Cherry Ln. Thank you, GLENN R. BENTLEY City Council RECEIVED JAH - 8 1996 C11'Y OF MERIDUN • Terry R. & Lori Peel JAN 2 3 1996 1969 W. McGlinchey CITY 4x~ ,~:.z:~.~:~ N Meridian, ID 83642 January 22, 1996 Meridian Planning & Zoning Commission City of Meridian 33 E. Idaho Meridian, ID 83642 Re: Proposed Smith's at Linder and Cherry Lane Dear Commission Members: This is to record our opposition to the proposed Smith's grocery store at the corner of Linder and Cherry Lane. We live in Glennfield Manor, off Sandalwood, behind Linder Falls subdivision. One of the primary reasons we chose to build in that subdivision is because we are within walking distance of all three schools-Linder Elementary, Meridian Middle School, and Meridian High School. Our son is athird-grader at Linder and our daughter is a freshman at the high school. When we built our house, we were aware that the Linder/Cherry Lane intersection is very busy, but we were also told that the proposed Smith's site would be developed into a residential subdivision. Many children have to walk through the Linder/Cherry Lane intersection twice a day. Indeed, in the mornings, kids walk through that area in the dark. Those numbers will likely increase when the new library is built. A grocery store at that intersection will create a dangerous situation for the kids, no matter how much the store tries to blend in with the neighborhood. We understand and agree that Meridian needs more grocery stores. However, the "neighborhood plan" simply does not require a grocery store at this site. There will be a new Albertson's at Ten Mile in the near future and, with the current Albertson's and new Fred Meyer on Fairview, I am sure all the residents of this neighborhood will agree we are close enough to a grocery store. We are cer~ainly not against Smith's moving into Meridian; however, Smith's should choose an appropriate site and not an area that children walk through every day in the dark. At the very least, Smith's should choose a site where the children are bussed to school and are not forced to hurdle a dangerous intersection. Thank you for your consideration. Sincerely on Peel • • 50 Broadway Ave. Suite B, Boise, ID 83702 Telephone: 208-344-3448 Fax: 208-344-3922 ~~C ~~ Wardle & Associates Cl~~' ~F A+IERi~`~'~~. February 5, 1996 TO: `MERIDIAN CITY PLANNING & ZONING COMMISSION FROM: Michael D. Wardle RE: Meridian School District Position on Smith's Store at Cherry and Linder Attached are draft minutes of the Boise City Planning and Zoning Commission hearing testimony by Bev Stoddard, representative of the Meridian School District, regarding the location, of a Smith's store in Boise. The item of importance to the City of Meridian is the encircled statement from Ms. Stoddard, which is also excerpted below, for Planning. and Zoning Commission consideration in formulating its rezone recommendation to the Meridian City Council for the proposed store at Cherry Lane and Linder Road: " .. We are welcoming Smith 's for their other location they have chosen at Cherry and Linder. It is half a mile away from any of our schools and we have absolutely no problem with that. ... " copy: David Neilson, Smiths Doug Kowallis, Quest 02!02/96 FRI 15:46 FAT 208 384 3755 .- • CITY pI,ANNING BOISE CITY OF TREES 150 N. CAPSTOL BLVD. P.O. BOX 500 BOISE, IDAHO 83701-0500 FAY 208/381-3753 FACSIMILE TRANSMITTAL To: MIKE wARDLE At FAX #: 344-3922 __,_ organization: Date: ~!~196 From: VICKI VAN VLIET BOISE CITY PLANNING DEPARTMENT 208-384-3830 Total Pages Transmitted (Including this sheet): 3 Additional Message: DRAFT COPY/PLANNING & ZONING CQMMISSION MINUTES OF JANUARY 22 1996 RZ-23-95-DA SM2TH'3 FOOD KING T 02%0'.196 FRI 15:46 FeLI 208 384 3 i 53 CITY PLANNIIv ' , • that had been approved here, that retail uses had been specifically excluded from the corner? Mr. Korte - If you review thaThis~Commiss~onlruledlthat the it, it was for a 20~ exception tion. proposal that was being put before them was not a 20~ excep It involved a isnthelcaseshere. Thisscornerewill never bessingle change. That family residential. zt will never be to goainto thecBoise because those type of users are going valuable to the Research Center. This facility will be veryin facility less Research Center as there will n.oweeeba$ehofp7 to 8 thousand than one mile away from an employ people. They won't have to drive 4 miles now. Randy Braden {5340 Black Spruce) - I am concerned over the safety of the students at Centenni .;~arsshitting kidshcrossing thehere have been several accident ;- y. ,,; hard ge ~t~i~g ~r pf the Spruce Meadows street. It is very of ~'tmjcreate a bigger problem for Subdivision and this is just g n~ leis area was zoned us. The homeowners moved there knoo~~ o stay that way. residential and it was hopefully g Currently my wife and I go about 5 miles to shop and we don't think this store is needed in the area. Bev Stoddard {Represending Meridosi~io~htolthesconstruction of a Meridian School Board in is opp grocery store at the co$Se~hefstreetrfrom CentennialaHigh School. corner is directly acro schools in the State of That school is one of the largest high h school students Idaho with an enrollment of 1,700 students. Hig rou of students drive to school, not ride the buos~o lunch19 Evengif smith's is that leaves school at noon to g aCrOSS the street, they will probably drive there because it is not cool to walk there. This is the group that comes back to school in their cars atilized 12rmontheoasyearoolOu~tmainies. we have Centennial School ~s ut opposition is not directed against Smith's. In fact, osed to nothing against Smith's what-so-ever. We have been oPP osed anything of this nature going on that corner and we were oPP to the convenience proposed several years en the position that not ng 1 e this should o c We are welcoming rect ac ss s Smith's for their ftaemilecaway from any ofco~'e$choolseand we Linder. It is hal o sed have absolutely no problem with that. e • t re ~rectl cros street rom owe -Scott. ur concerns are about traffic This is pedestrian safety. This intersection is extremely busy. the main artery for HP~and the West andgouroParking•lots o?r school gets bigger. we ve had to exp invite you to stand on that corner at 7:is 7u t aoMdin3the road and is downright scary. Pioneez Elementary Lowell Scott is just a bit further down. Kids are Crossing that r: ~ (~' 1 ~~ ~ ~G ~- ~a o~`t`~" 0 ~~ 1~~,~tl~ FINDINGS FOR APPROVAL ~~ ~~~ ~ Smith's Food and Drug Centers, Inc. ~~~- P~ Linder Road & Cherr Lane r~ p~•~S ~' Y 1 The request by Smith's Food and Drug Centers, Inc. (Smith's) to rezone the northwest corner of Linder Road and Cherry Lane from R-4 and L-O to C-N (Neighborhood Business District) promotes and supports the public necessity, convenience and general welfare by complying with the provisions of Meridian's Zoning Ordinance and Comprehensive Plan, as provided below. Both the Comprehensive Plan and Zoning Ordinance state it is the intent and purpose of Meridian to advance the City of Meridian as aself-sufficient employment and economic center. Toward this end, the rezoning of this parcel and the development of Smith's will assist the City in meeting its goals. Zoning and Development Ordinance' 1. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a comprehensive plan amendment. The new zoning will be harmonious with and in accordance with the provisions of the Comprehensive Plan as more thoroughly provided beginning on page 4 below. 2. Is the area included in the zoning amendment intended to be rezoned in the future. This rezone request will allow Meridian to implement its Comprehensive Plan goals, and provide convenient neighborhood commercial services to the nearby residential areas and support the development of these areas into more complete neighborhoods. 3. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning [ordinance]. The Smith's site is intended to be developed in exactly the fashion allowed under the Zoning Ordinance. The purpose of the C-N zone is to establish business uses that are intended to meet the daily need of the residents of neighborhoods. Smith's at this location will help the City of Meridian to provide for the daily shopping needs of a number of its residents. Meridian encourages the siting of C-N businesses so such businesses avoid intrusion into adjoining residential districts. General Standards Applicable to Zoning Amendments, Section 11-2-416K. FINDINGS -1 wpdocs\t-z\smiths\meridian\findings • Accordingly, the Zoning Ordinance requires that this C-N district have direct access to transportation arterials or collectors (both Linder Road and Cherry Lane are arterials), be connected to municipal water and sewer (which the site will be), and not constitute strip development concept (which Smith's will not). 4. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. New residential areas in the vicinity of this site have developed rapidly over the last several years, and are continuing to develop. This ongoing change was recognized by Meridian when the City adopted its Comprehensive Plan in late 1993, which Plan provides that commercial sites should be encouraged in order to serve the needs of the Meridian public. As Meridian has approved new residential development those approvals have been made with the understanding that the Comprehensive Plan requires commercial sites to planned for -and rezoned if necessary - to serve those residential developments. 5. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area. As has been demonstrated to staff and the neighboring residents, and as provided in written and public testimony, Smith's is committed to designing, constructing, operating and maintaining its site so that it is harmonious and appropriate in appearance with the general vicinity. Smith's will not change the essential residential character of the area, and will promote the concept of residential neighborhood by providing for the daily needs of neighborhood residents. In keeping the Comprehensive Plan goals for community design (see page 73 of the Comprehensive Plan), Smith's is designed to ensure that the new development enhances rather than detracts from the visual quality of its surroundings. 6. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses. The existing use in the general vicinity is residential within the existing urban area of Meridian. The commercial use proposed is exactly the use planned for by the Comprehensive Plan and promoted in the Zoning Ordinance as required to meet the daily need of the residents of these residential areas. This use provides for the public necessity, convenience and general welfare, and is neither hazardous or disturbing. Further, the site plan, developed with input from existing residents, and FINDINGS - 2 wpdocs\t-z\smiths\meridian\findings in accordance with the Zoning Ordinance, is designed to mitigate any perceived, potential disturbances. 7. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such service. All essential public facilities are found in, and adequately serve, the area. Any public facilities necessary in connection with the development of this site (for example, drainage) will be provided by the applicant. For further information on services provided by highways and streets, please refer to number 10 below. 8. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. The rezone to C-N, and the location of Smith's on this site, will not require additional public cost for facilities and services which exist at this site. Smith's will not be detrimental to the economic welfare of the community as it will increase the tax dollars in the community. Further, Smith's will create a convenient shopping location thereby decreasing the time and money spent by individual residents of Meridian in traveling to and from convenience centers (perhaps outside of Meridian) for their daily needs. 9. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of. operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The proposed uses do not produce excessive traffic (see further information immediately below), noise, and no smoke, fumes, glare or odors. As shown on the site plan for Smith's, the orientation of the use is away from the nearby residential areas and toward the intersection of Linder Road and Cherry Lane. 10. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets. The Traffic Impact Study by Bell-Walker Engineers, Inc. completed for this site analyzed Linder Road, Cherry Lane and Kastle Falls Avenue for traffic impacts on FINDINGS - 3 wpdocs\t-zlsmiths\meridianlfindings • surrounding public streets. Linder Road and Cherry Lane are minor arterials; Kastle Falls Avenue is a residential street, which intersects with both Linder Road and Cherry Lane. The intersection of Linder Road and Cherry Lane is widened to include turning lanes, and includes a traffic signal. The accepted traffic study shows the roadways will have adequate capacity to accommodate both the base traffic and the site traffic in the year 2015. The intersection of Linder Road and Cherry Lane will continue to operate at a Level of Service "C", and the intersections of Kastle Falls and Linder Road and Cherry Lane will operate at Level of Service "A." Access driveways on site will be located so as not to create interference with traffic on the surrounding public streets. 11. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. Smith's will not result in the destruction, loss or damage of any natural or scenic feature of major importance. The Smith's development will assist Meridian in the provision of important commercial services to its residents. 12. Is the proposed zoning amendment in the best interest of the City of Meridian. Meridian has already made the determination, by its adoption of its Comprehensive Plan in 1993, that the provision of commercial services, especially in the form of convenience shopping center, is in the best interest of the City of Meridian, and provides for the public necessity, convenience and general welfare. Smith's application for this rezoning assists Meridian in implementing the provisions of its Comprehensive Plan and carrying out its goals for its citizens. Comprehensive Plan The Meridian Comprehensive Plan clearly states that a major goal is to assist and encourage residential areas in becoming neighborhoods: Within the community there are unique neighborhoods which comprise the Meridian urbanized area. Only a few of these have traditional neighborhood characteristics. Others ... lack nearby parks, schools, churches, and commercial support services. In time, the developing districts will become neighborhoods as the community continues to expand and develop neighborhood facilities and services. (Page 6). The location of Smith's at the corner of Linder Road and Cherry Lane deftly assists Meridian in accomplishing its goal. As pointed out below, the rezoning of this parcel and FINDINGS - 4 wpdocslt-z\smiths\meridian\findings • • the development of Smith's at this corner is also in accordance with the remaining goals of the Meridian Comprehensive Plan. Economic Development Goal It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. (Page 18) In keeping with Meridian's policy to plan for new shopping centers as development warrants, rezoning the corner of Linder Road and Cherry Lane as C-N will implement the policy and Plan. Land Use Goal -General Policies Encourage a balance of land uses to ensure that Meridian remains a desirable, stable and self-sufficient community. Promote the development of high-quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods. (Page 23) Land Use Goal -Commercial Policies As the City of Meridian continues to develop, small Neighborhood Convenience Shopping Centers will be required to serve the day-today living needs of area residents.... Locate new planned Neighborhood Commercial Centers (3-8 acres) on arterials or collectors near residential areas in such a way as to complement but not conflict with adjoining residential uses. (Page 26) In rezoning this site to implement this and other goals of the Comprehensive Plan, Meridian will promote the development of residential areas into identifiable neighborhoods that contain the necessary commercial facilities to serve daily needs. The Smith's development is encouraged by the Comprehensive Plan (see page 25), which promotes the development of a neighborhood shopping center instead of a strip commercial area. This parcel is 7.24 acres in size, bordered by two minor arterials, and adjacent and near residential areas. Smith's will compliment the existing and planned residential areas, and Smith's has been designed not to conflict with adjoining residential uses. As further provided in the Zoning Ordinance, it is Meridian's intent and purpose to "encourage the proper distribution and compatible FINDINGS - 5 wpdocslt-zlsmithslmeridian\findings • • integration of neighborhood commercial into residential areas of the City" (see section 11-2-A-11). Transportation Encourage clustering of uses and controlled access points along arterial, collector and section line roads. Require Traffic Studies evaluating the impact of generated traffic volumes (internal and external circulation) on adjacent streets and to preserve the integrity of residential neighborhoods, as requested by the city. (Page 54) The Traffic Impact Study by Bell-Walker Engineers, Inc., completed for this site analyzed Linder Road, Cherry Lane and Kastle Falls Avenue for traffic impacts. Smith's will contain controlled access points, and is located along the minor arterials of Linder Road and Cherry Lane. The nearby Kastle Falls Avenue is a residential street, which intersects with both Linder Road and Cherry Lane. The intersection of Linder Road and Cherry Lane is widened to include turning lanes, and includes a traffic signal. The accepted traffic study shows the roadways will have adequate capacity to accommodate both the base traffic and the site traffic in the year 2015. The intersections of Linder Road and Cherry Lane will continue to operate at a Level of Service "C", and the intersection of Kastle Falls and Linder Road and Cherry Lane will operate at Level of Service "A." Access driveways on site will be located so as not to create interference with traffic on the surrounding public streets, and to preserve the integrity of the nearby neighborhoods. Implementation Update the zoning and development ordinance to be in conformance with the adopted Comprehensive Plan as required by state law. (Page 80) Clearly, the Smith's application for rezoning provides the City with the opportunity to do what is required by state law - to amend its Zoning Ordinance to implement the Goals of the Comprehensive Plan. FINDINGS - 6 wpdocslt-zlsmithslmeridianlfindings • ~ 3 Q~ ~ ..r ~ `~ 0 G s ~ O U a ~~ a Ir Ld O ~Q W ° M o y O pp M M ~ ~O ~ ~ ~: OO M C/] .r ~ x ~ ~ ...~ O ~ R~ -~ M O ~ .... pp C O z ~ ti°~~~ v ~~ ~ ~; ~ ~ ~ ~.L. ~• I i ~~ ~- 4= t t ~. r \'• ~.. ~~. ~' ~, ~: ~- w~ A~~ .4• • RANDALL M. AND JULIE A. PIPAL 2350 E. Apricot Dr. Meridian, Idaho 83642 208/887-1764 January 9, 1996 Dear Commissioners, 1~~ ~•~ ~. ~;uS A~L¢~ /v ~~ ~- ~ .v~ ~~~q We respectfully submit this written testimony with regard to the application of Dave Leader for a preliminary plat for land located in the. S 1/2 of Section 5, T.3N, R. lE, Boise, Meridian, Ada County, Idaho. The developer, Dave Leader, is responsible for the landscaping of Dove Meadows Subdivision No. 1, pursuant to the Declaration of Covenants, Article V, Section 5.4. We have occupied the home at 2350 E. Apricot Drive since the end of February 1995. During that time we have received nothing but excuses from the developer as to why the landscaping could not be completed. We feel that Mr. Leader has not maintained a good faith relationship with us, and we request that he be required to fulfill his obligations to Dove Meadows Subdivision No. 1 prior to beginning any work on Dove Meadows Subdivision No. 2. Thank you for your consideration. Sincerely, ,-~,= ~ --~ u Randall M. Pip ~ ulie A. Pipal .., C.~~~i ye;;~ /- 9-~6 ~~~ ~ ~' DATE: January 9, 1996 TO: MERIDIAN CITY PLANNING COMMISSION FROM: Michael D. War RE: SMITH'S REZONE The following Ciry of Meridian Comprehensive Plan citations (in bold) are offered in support of Smith's request for a change of zone from R-4 to C-N at the northwest corner of Cherry Lane and Linder Road. page 6 Within the community there are unique neighborhoods which comprise the Meridian urbanized area. Only a few of these areas have traditional neighborhood characteristics. Others are essentially developing districts and contain some elements of traditional neighborhoods, but at present they lack nearby parks, schools, churches, and commerical support services. In time, the developing districts will become neighborhoods as the community continues to expand and develop neighborhood facilities and services. Comment -The Cherry /Cinder neighborhood has schools, churches and park space related to the schools, but is clearly deficient in neighborhood commercial support services. Smith's will help to remedy that problem for existing residents. page 18 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. page 23 1.8U Promote the development of high-quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods. Comment - As noted above, this neighborhood lacks the commercial facilities necessary to form and sustain an identifiable neighborhood. page 25 Neighborhood Shopping Center. As the smallest of the three shopping areas, its main purpose is to provide convenience shopping to the neighborhood residents. The Comprehensive Plan encourages the development and location of neighborhood shopping centers instead of strip commercial areas. Comment -Location of Smith's at this intersection will focus commercial activity at a transporta- tion node where there is already a developing commercial center with C-N zoning on two of the other three corners. Clearly this is "nodal", not strip development. page 26 ~ Neighborhood Shopping Centers, rather than strip commercial development, shall be provided for convenience shopping services. Comment -Same as above. • 4~1 Locate new planned Neighborhood Commercial Centers (3-8 acres) on arterials or collectors near residential areas in such a way as to complement but not conflict with adjoining residential areas. Comment - While Smith's proposal does not constitute a "planned" center, with their typical multiple uses, it does meet locational criteria (on arterials) and the site plan does respond to existing resident's concerns for buffering by the addition of new lots or park land between them and the store. page 60 Park Acquisition Goals Create new public recreation opportunities by acquiring new parkland and expanding existing facilities that respond to the needs of the community. 2_1 Provide places for neighborhood outdoor recreation within walking distances. 2_2 Provide "change-of-pace" recreation in intensively used areas where open space is scarce and standard-size parks are difficult to obtain. 2.SU ...all changes of land use will be considered as opportunities to: b. negotiate for the acquisition of park sites. Comment - Smiths has two options on the table for the proposed buffering of "Linder Falls" residents--another culdesac with dwellings, or a 2.7 acre park which provides the opportunity to meet the above-stated objectives page 67 1_4 The development of housing for all income groups close to employment and shopping centers shall be encouraged. Comment - Conversely, shopping centers should be close to housing when such can be provided and meet the objectives of the Plan. Clearly, this location achieves that objective. page 71 1_1 All commercial and industrial developments should be reviewed by the City for adequate site planning. Comment - Smith's will work with Meridian City staff and area residents to resolve site concerns and to provide appropriate screening, landscaping and lighting/signage control. page 73 4.3U Use the Comp Plan, subdivision regulations, and zoning to discourage strip devel- opmentand encourage clustered, landscaped business or residential development on entrance corridors. 4.4U Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. .2U Ensure that all new development enhances rather than detracts from the visual quality of is surroundings, especially in areas of prominent visibility. Comment - the Smith's site plan proposes extensive landscape buffers not only along entrance corridors but also for residential buffers. u STATEMENT OF SUPPORT for SMITH'S FOOD AND DRUG CENTER STORE at CHERRY LANE AND CINDER ROAD, MERIDIAN ,9'96 I~ `~~~ ~~3s~ ~ ~ 1 ~,''~~ M} As residents of the neighborhood surrounding the proposed Smith's store site, we express our support for the project. !~ • • ~~ .. ~~~ ~ Pet~t~on ~~ c~ ~~ ~ . °~ 5~ '~ Regarding ~ ~'` ~~~~ Proposed Cherry Lane/Linder Road Commercial Rezone for Smith's Food Store We, the undersigned, are not in favor of and do not suo~ort Smith's proposal to rezone property located at the northwest corner of the intersection of Linder Road and Cherry Lane from residential to commercial for the purpose of constructing a 60,000 square foot food store with optional pad space for additional commercial businesses. -- r-Name ---------------- ~- - C --------- ~°-__-~___----------- ----Address--------------- ~01~-~ --.~~ 1s~__~s.~1~.k1_ C~-------~2~Q~ a So =7~ y ~~ ~~ ~.1 ~CLc2c~c/O ~~~' ~~ 7~ ~~'~M~~ • • Petition Regarding Proposed Cherry Lane/Cinder Road Commercial Rezone for Smith's Food Store We, the undersigned, are not in favor of and do not suP2ort Smith's. proposal to rezone property located at the northwest corner of the intersection of Linder Road and Cherry Lane from residential to commercial for the purpose of constructing a 60,000 square foot food store with optional pad space for additional commercial businesses. Name -- -Address------------------------ ---p~~Zo~- !v=--- ~ 3-n~ ---------~©i s~----------- ,~~.,~.z~ ~r~,~------------------ ; , , i r i • • Petition ~ . . ~•~ Regarding Proposed Cherry Lan~/Linder Road• Commercial Rezone #or Smith's Food. Store - We, the undersigned, are not in favor•of and do not suR~ort S.mith's proposal to rezone ~ • property located at the northwest comer of the intersection of'Linder. Road and Cherry Lane from residentiai to commercial for the purpose of constructing a 60,000 square foot food store with optional pad space for additional commercial businesses. ___ Address_M_~_____ ______~M 1~~---~=--- Q~r~~__--------~.____--- ~, ~~~, -- L ~ ~-L--~--' ~_~ '~ ---________ ---_ _~' ~ ~~ - - r - ----- ~~I:~'~~ i1 n1C~11Ct C'C~ l .vCu ~. I `J Z S n 1 vYl ~ r, ~~ ~ A ~~ c~~.~. _-~ .,S ~_, fl~c~l~.t~ ~ r _____~_____ _~ ----s- - - -~ ---- Petition Regarding Proposed Cherry Lane/Cinder Road Commercial Rezone for Smith's Food Store We, the undersigned, are not in favor of and do not sua~ort Smith's proposal to rezone property located at the northwest corner of the intersection of Linder Road and Cherry Lane from residentiai to commercial for the purpose of cons#ructing a 60,000 square foot food store with optional pad space for additional commercial businesses. --- A'ddress--------------------~~ ,.. -L r-~~. ~ --! ~ ~ ~ ~----fin ----~.~~~--~----= I y ~ ~ ~lv x'02 Mc C /i'nc~~,i c~81~ - I3 ~~ !( ~$~k,1bz~~c~i1~ - -- ~ ------~~$ :~lo --- ------------------L-------- ~ ----------~ ~---------- -1 ~~ --G.~ :_~121~2~ ------------8g7.78~j ~ ,~ ~ -----Name----------------- -~J Petition • . Regarding ~ ~ ~ . Proposed Cherry Lane/Cinder Road Commercial Rezone for Smith's Food .Store We, the undersigned, are not in favor of and o not suR~ort Smith's proposal to rezone . property located at the northwest corner of the intersection of Linder Road and Cherry Lane from residential to commercial for the purpose of constructing a 60,000 square foot food store with optional pad space for additional commercial businesses. ___ Address_~_______________~ • Petition Regarding Proposed Cherry Lane/Cinder Road Commercial Rezone for Smith's Food Store We, the undersigned, are not in favor of and do not support Smith's proposal to rezone property located at the northwest corner of the intersection of Linder Road and Cherry Lane from residential to commercial for the purpose of constructing a 60,000 square foot food store with optional pad space for additional commercial businesses. _N a m e----------------- ----Address------------------------ J_u_~~__t~~r ~-. -~firic7t:_~~ G~ril.---./ ~lxtlti.:e~n---- ~ r i~ ~ / --------------------------------------------------------------- -- -~G~t'-'--- ~ ~L!'11-------------------- U U Petition Regarding Proposed Cherry Lane/Cinder Road Commercial Rezone for Smith's Food Store We, the undersigned, are not in favor of and do not suo.~ort Smith's proposal to rezone property located at the northwest corner of the intersection of Linder Road and Cherry Lane from residential to commercial for the purpose of constructing a 60,000 square foot food store with optional pad space for additional commercial businesses. _ Name ----Address------------------------~/e ~v~'~ ------------------ ti~ ~~ ,, --------------------------------------------------------------- _.C_~~:v1_'___..~ ~s~~r.tee--------------------~~j//~0' ~ ~~ ~ g 1,~ . EMa~~~ F~-~.l.S X64 _SL'~v _ _ 1 ~-~---------- ~- ~---------- ------------------- Petition Regarding Proposed Cherry Lane/Linder Road Commercial Rezone for Smith's Food Store We, the undersigned, are not in favor of and do not sport Smith's proposal to rezone property located at the northwest corner of the intersection of Linder Road and Cherry Lane from residential to commercial for the purpose of constructing a 60,000 square foot food store with optional pad space for additional commercial businesses. ----Address--------------- "~A.01~.-~ -,~i7i/J s 1 . Ain.,.. / n ~f(.1/ ~i~~ --, ... ,L_~D _~~~~:~-~l_'~~~~~~~.~_~~ ~ 6.06 - --Name----------------- ~~' ~l -------h=~=~_------------------------ J LJ Petition Regarding Proposed Cherry LanelLinder Road Commercial Rezone for Smith's Food Store We, the undersigned, are not in favor of and ~o not support Smith's, proposal to rezone property located at the northwest corner of the intersection of Linder Road and Cherry Lane from residential to commercial for the purpose of constructing a 60,000 square foot food store with optional pad space for additional commercial businesses. --Name----------------- ----Address------------------------ -- - P etiti°n ~n9 grn;th, s F°od Store Fte9ard ReZO~e for e R°ad c°rnmerc;ad ,s roP°sa~toC~?on Sm~h d ®rN erN ~a~e~`+~der a°ad ~~ osed Ch d , ° -or- of finder ~;~g a 60,4~g es Prop ;n f v0r o the -rterse ~ °f c°n mercla~ buSi~eSs ~ders-9ned' e n rnthWest me c1a~ for th{o as ;t;ona~ c°'m W e the ~ red at th tc corn a; pad sp~e ,_ ___~ proper{ om rg$idAo~eaw;th °pt+on _-,______~ ~` _ ane ood s regg-' ~~ ~ ~~ ~ are toot { Add ~~ ~~~ -'~~~'"- _~ • • Peti#ioin Regarding Proposed Cherry lane/Cinder Road Commercial Rezone for Smith's Food Store We, the undersigned, are not in favor of and do not support Smith's proposal to rezone property located at the northwest corner of the intersection of Linder Road and Cherrv Lane from residential to c®mmercial for the purpose of constructing a 60,000 ~^~u~rc font ft~nr~ .~tQre :"lltl? vp-ionul ~.ad vp3c°v fvr addiviiQi c~riiii ivrt'.icaf uusir'tes8es. ----Address-`-i---------------------- T` ld^"7 Q W. ]OC«ad'~ttt~ih~c1 _ ~HJt~i~illt.C. :~Ss'~ r ~ -----M a m e----------------- --v~ -- ---!~ y- -1~~ - ------- • • Petition Regarding Proposed Cherry Lane/Cinder Road Commercial Rezone for Smith's Food Store We, the undersigned, are not in favor of and do not sut?DOrt Smith's proposal to rezone property located at the northwest corner of the intersection of Linder Road and Cherry Lane from residential to commercial for the purpose of constructing a 60,000 square foot food store with optional pad space for additional commercial businesses. ---- a m e ---- --- ----- ----------------------------------------------- ----Address--y-J----- --- ---------- • 2229 N. Astaire Way Meridian, ID 83642 17 January, 1996 Shari Stiles, Chairman Planning and Zoning p~,C~~vED Meridian, ID 83642 I~ JAN 1 91996 ClT1f OF MERia1QN Dear Mrs. Stiles: My wife and I are writing you regarding the proposed Smith's grocery at the intersection of Cherry and Linder roads. We oppose the change in zoning which would permit this store for a number of reasons. First, construction of a store at this location would be unfair to the people who have already purchased houses in the immediate area. They have made significant investment in this town and that location, with the understanding that homes were to be built there. I, for one, would not care to buy a house across the street from the noise and bustle of a grocery store; I doubt you would, either. What will this do to their property values? The increased traffic associated with a grocery store does not mix well with the foot traffic of students walking to and from school every day. There are three schools within a very short distance of this proposed store, and we are very concerned about the safety of our children. High school students would have a tendency to `hang out' near the store, both at lunch times and after school, as well as on the weekends--we already see this at the Albertson's at Cherry and Meridian, and to a smaller extent at the Maverik Market near this proposed location. My wife and I have witnessed high school students stealing alcohol and cigarettes from the Maverik. Why give them a better source? Worse, our son has already had trouble with older students as he walks home from Meridian Middle School; why give the students another close, attractive place to loiter? There is another Albertson's already under construction at the intersection of Cherry and Ten Mile roads. While my wife and I aren't exactly thrilled to see another high- priced grocery store going in, it begs the question whether this Smith's would be commercially successful anyway. The • • • company does not exactly have a stellar track record in the Valley. Do we really need five major grocery stores (counting the Fred Meyer's going up at Locust Grove and the WareMart off East First near the freeway) in this town? About the only thing worse than a new grocery at the proposed location would be a store that goes belly-up. My wife and I both strongly support commercial growth in Meridian. Among other things, such growth will ensure that Meridian's money stays and works in our town. Our complaint is against the choice of location. We applaud the construction going on near the intersection of Fairview and Locust Grove, across from the D&B Supply, and at other commercially-zoned locations (especially on East First near the freeway), and not just because these locations are further from our home. These areas have been laid out and zoned for commercial growth, and people have made their recent home-purchase choices with that in mind. We voted for pro-growth representatives in Meridian because we think that is right for the city, but we also feel the need for good sense in selecting locations. Lastly, we both are frustrated at the lack of publicity given to this decision-making process. Many more people would have voiced their objections sooner (ourselves included) had we but known about it. Sincerely, f and Debbie Crowell • • January 13, 1996 Mr. Will Berg Member, Planning 8~ Zoning Commission ~~~~ ~; City Hall 33 E. Idaho. I ~ ~9 ~ 3~~~~ Meridian, ID 83642 CITY ~~ ~ERii3lAl~ RE Smith's Proposed Store -- Cherry Lane & Linder Dear Sir: I am writing to voice my concerns about and objections to the proposed Smith's store planned far the corner of Cherry Lane and Linder Road. I am taking this opportunity to write you in hopes my concer ns will be considered. I attended the January 9 hearing of the Planning and Zoning Commission, but was unable to stay or testify because it ran so late, this item being deliberately placed last on the agenda. (My husband has Alzheimer's and I cannot leave him unattended for extended periods.) Our entire neighborhood would be adversely affected if the store is allowed into the area. I am very concerned about the store building on the corner for the following reasons: 1. I can hardly believe that Meridian needs 5 supermarkets -- the ones we have now are in close proximity and readily accessible to the entire community for shopping. 2. Why put a supermarket right in the middle of our residential area? I thought that's what commercially zoned areas were for! 3. Property values adjacent to the store would decrease dramatically. We cannot afford this type of economic loss for all these households! 4. The added traffic would be very dangerous for the many school children who walk past our house each day. 5. The store's hours would greatly affect our neighborhood: bright lights al! night long; the noise of supply trucks coming and going at all hours; and, most importantly, the increased activity around the store only encourages chances for crime. We are not new residents to the area. We bought our property in 1976. We love our home and would not want to move because we have a Super Market out our front door. My husband is familiar with our neighborhood and feels safe here. A supermarket would not only cause him great confusion, but would also totally change the character of our community., which has always been built around aclose-knit, family-oriented neighborhood. Please hear the voice of this community, and oppose this sbre being built here as planned. Thank you very much. ~%~~' iG%~ Sincerely, ~~ . A. Gordon an Ardis J. Schlafke 1900 N. Linder Rd. Meridian, ID 83642 (888-2837) ~ ~~ ~. ~~ ._... ~~ P2LS~.2 • J.~.e.~~. 7, /99G ~~~D MAR - 8 (~'1'Y OF MERiDIAi~ ~~~ .,~ ~ ~ ~` ~-~- - ~ . ~~,~,,, ~~., s~~~- - a 3, ~. ~~ ~. ~~ ~ ~ ~ ~ ~°-~m~ -~- ~ w ~- ~~ ~~ ~ ~~~ ~ ~ ~~~~ ~ ~ ~~~~ ~~ ~ ~~~ , ~~ ~ ~" ~,i • • ~ ,~rl c~" G'~ ~ ~ ~ Q ~~~ ~~~ ~ ~~ ~~ ~~ ~ .~ ~~ ~~ ~~ ~~~ ~~ ~ ~~ ~~ ~~- ~-~ • • • • DECEIVED MAR - 5 1996 (;QTY 0~ MERIDIAN March 2, 1996 Meridian City Council Members Meridian City Hall 33 E. Idaho St.. Meridian, Idaho 83642 Dear Council Members, Please accept this Letter with regard to the hearing to be held on March 19th. My husband and I will be unable to attend the hearing, however, we do wish to give some input. I have Lived in Meridian for over 35 years. I attended schools here, brought my husband back here to live, and my children have never Lived anywhere else. 1 even work in Meridian. Meridian is our home. Smith's Food King has proposed to build a grocery. store on the corner of Cherry Lane and Linder, with no regard to the wishes of the surrounding residents, or our school children who must cross those busy streets every day. That store, if built,. will make FOUR GROCERY STORES IN A THREE MILE STRETCH OF CHERRY LANE! Fred Meyer is under construction, Albertson's has been here for years, and you have apparently already given approval for their new store on Ten Mile and Cherry Lane. No "neighborhood" needs that many grocery stores in one area, and you can simply look at Boise to prove it. Even Fairview Avenue does not sport four grocery stores in a three mile stretch! In a nut shell, Smith's did not grow up in Meridian, nor do they currently live or work here. The residents ofMeridian are the people you are supposed to represent, and it should be very clear that we do not want this store at this location. The property is zoned for residential, and just because the lots have not been sold, it is not your duty to rezone them in order to make something appear in that vacant Lot faster! Gentlemen, please be very careful to consider the wishes of the people who live here. Nothing Smith's can offer in that location is essential to this city or the people who live here. Just ask usi Sincerely, G,~ ~~t:c~-ems Rhond oble 1650 N. Santa Rosa • • ~~~~~ ~ ~ ~.J ~~~~ Attorneys and Counselors at Law 607 North 8th Street, Suite 310 P. O. Box 639 Boise, Idaho 83701 (208) 388-1000 Facsimile (208) 388-1001 Mayor and City Council Members City of Meridian 33 East Idaho Meridian, Idaho 83642 February 16, 1996 Michael T. Spink 388-1092 JoAnn C. Butler 388.1093 KECEIZIEI~ FEB 2 p 1996 CITY OF 1~ERIDIa1~ Re: Smith's Food & Drug Center, .Inc./Findings of Fact and Conclusions Dear Mayor and Council Members: We have reviewed the Planning & Zoning Commission's Findings of Fact and Conclusions in connection with the above-referenced rezone application. Paragraph 16 on page 11 summarizes written testimony submitted following the public hearing. We are aware of at least one letter that was sent to the Commission post-public hearing which was not summarized in this paragraph 16. We include this letter for your information to help ensure that you have all the post-hearing letters before you. As you will read, Ms. Georgia Mackley delivered to the City, as requested by the Commission, copies of the Valeri Place Subdivision Covenants, Conditions and Restrictions and clearly stated that the property addressed in the Smith's application never has been governed by these Restrictive Covenants. Sincerely, J.~~~ ~~ JCB aaa Enclosure David Nielson Mike Wardle Wayne Crookston JoAnn C. Butler DATE: January 9, 1996 TO: MERIDIAN CITY PLANNING COMMISSION FROM: Michael D. Wardle RE: SMITH' S REZONE The following City of Meridian Comprehensive Plan citations (in bold) aze offered in support of Smith's request for a change of zone from R-4 to C-N at the northwest comer of Cherry Lane and Linder Road. page 6 Within the community there are unique neighborhoods which comprise the Meridian urbanized area. Only a few of these areas have traditional neighborhood characteristics. Others are essentially developing districts and contain some elements of traditional neighborhoods, but at present they lack nearby parks, schools, churches, and commerical support services. In time, the developing districts will become neighborhoods as the community continues to expand and develop neighborhood facilities and services. Comment -The Cherry /Cinder neighborhood has schools, churches and pazk space related to the schools, but is clearly deficient in neighborhood commercial support services. Smith's will help to remedy that problem for existing residents. page 18 1_6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth 'and development warrant. page 23 1.8U Promote the development of high-quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods. Comment - As noted above, this neighborhood lacks the commercial facilities necessary to form and sustain an identifiable neighborhood. • • page 25 Neighborhood Shopping Center. As the smallest of the three shopping areas, its main purpose is to provide convenience shopping to the neighborhood residents. The Comprehensive Plan encourages the development and location of neighborhood shopping centers instead of strip commercial areas. Comment -Location of Smith's at this urtersection will focus commercial activity at a transportation node where there is already a developing commercial center with C N zoning on two of the other three corners. Clearly this is "nodal", not strip development. page 26 4_1 Neighborhood Shopping Centers, rather than strip commercial development, shall be provided for convenience shopping services. Comment -Same as above. 4.4U Locate new planned Neighborhood Commercial Centers (3-8 acres) on arterials or collectors near residential areas in such a way as to complement but not conflict with adjoining residential areas. Comment -While Smith's proposal does not constitute a "planned" center, with their typical multiple uses, it does meet locational criteria (on arterials) and the site plan does respond to existing resident's concerns for buffering by the addition of new lots or park land between them and the store. page 60 Park Acquisition Goals Create new public recreation opportunities by acquiring new parkland and expanding existing facilities that respond to the needs of the community. 2_1 Provide places for neighborhood outdoor recreation within walking distances. 2_2 Provide "change-of-pace" recreation in intensively used areas where open space is scarce and standard-size parks are difficult to obtain. 2.5U ...all changes of land use wiU be considered as opportunities to: b. negotiate for the acquisition of park sites. Comment -Smiths has two options on the table for the proposed buffering of "Linder Falls" residents--another culdesac with dwellings, or a 2.7 acre park which provides the opportunity to meet the above-stated objectives .. • • page 67 1_4 The development of housing for all income groups close to employment and shopping centers shall be encouraged. Comment -Conversely, shopping centers should be close to housing when such can be provided and meet the objectives of the Plan. Clearly, this location achieves that objective. page 71 1_1 All commercial and industrial developments should be reviewed by the City for adequate site planning. Comment -Smith's will work with Meridian City staff and area residents to resolve site concerns and to provide appropriate screening, landscaping and lighting/signage control. page 73 4.3U Use the Comp Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscaped business or residential development on entrance corridors. 4.4U Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 5.2U Ensure that all new development enhances rather than detracts from the visual quality of is surroundings, especially in areas of prominent visibility. Comment -The Smith's site plan proposes extensive landscape buffers not only along entrance corridors but also for residential buffers. ~ D received 3 (9-9G ~~~~ s~ ~u~~~ Attorneys and Counselors at Law 607 :North 8th Street, Suite 310 R O. Box 639 Boise, Idaho 83701 (Z08) 388-1000 Facsimile (208) 388-1001 March 19, 1996 VIA FACSIMILE Steven R. Weeks Givens Pursley & Huntley 277 N. 6th Street, Suite 200 Boise, Idaho 83702 Re: Smith's Food & Drug CenterNaleri Place Subdivision Dear Steve: Michael T. Spink 388-1092 JoAnn C. Butler 388-1093 Thank you for your letter of March 15, 1996 in connection with the application of Smith's Food & Drug Center (Smith's) to the City of Meridian (Meridian), and the items which the Valeri Place Homeowner's Association (the Association) have proposed to alleviate the Association's concerns and opposition to the Smith's development on Cherry Lane and Linder. Smith's can generally agree with the Association's proposal clarified as follows: First, in connection with the development of the approximately 2.69 acres adjacent to, and east of the existing Valeri Place Subdivision (the Property), Smith's will, as soon as practicable, and following Meridian approval of Smith's development, apply to Meridian for permission to develop the Property. Smith's will welcome the Association to take every opportunity to review and reasonably approve that application. If such permission is granted, Smith's will develop the Property to include, without limitation, the following design elements as outlined in your letter: Single-family residential lots of no less than approximately 80 feet by 100 feet, all in compliance with the requirements of the Covenants, Conditions and Restrictions for Valeri Place Subdivision No. 1 (CC&Rs). The preliminary design depicted on sketches shown to the Association at the March 13, i 996 meeting include the contemplated cul-de-sac. • March 19, 1996 Page 3 landscape and architectural professionals to determine the final height of the wall. Yet another wall can be constructed along the north boundary of the Smith's site easterly to Linder Road, and the construction materials and design can be similar to the other walls. However, acceptance of such a wall and the details of construction will have be approved by the adjacent residents in Glennfield Manor No. 7. If permission is received from Meridian, construction of improvements shall begin as soon as practicable. Smith's shall use all good faith efforts to begin construction within six months of the receipt of such permission. Development of the Property is to be at no cost to the Association, provided the Association shall pay any professional or other costs and fees incurred directly by the Association. The Association shall use all good faith efforts to timely review and comment on the application, and shall do everything reasonably necessary to support the application before Meridian. Next, in connection with the construction on the Smith's site, Smith's agrees with the items you numbered 6 and 8 in your letter, which I have listed here for convenience. 6. Smith's to use only parabolic or "down cast" lighting in its parking lot. No lights to exceed thirty feet (30') in height. 8. Relocation of the well currently serving the Subdivision shall be paid for by Smith's and approved by the Association as to both the location and construction. Preferable location would be in the unused portion on Lot 1, Block 4 upon completion of the cul-de-sac. In connection with the items numbered 5 and 7 in your letter, Smith's can agree with some clarification. Our understanding is that it may not be possible to obtain 25-feet trees even at a 4 inch caliper. Further, placing trees of this caliper as close as 15 feet is probably unhealthy placement of the trees. Thus, Smith's can agree to landscape the property directly adjacent to, and east of the wall running along the contemplated eastern boundary of Valeri Place Subdivision from Cherry Lane to N. Kastle Falls Avenue with landscaping to include, without limitation, trees to be not less than 3-inch caliper. Of course, Smith's will welcome working with the Association and landscape experts to help ensure the landscaping continues over the years to be healthy and vigorous. ~: MAR-19-1996 16 56 FROM GIVENS PURSLEY TO 98841306 P.05~~~ ~'. ~14R. -19' 96 ('tUE~ 14:54 SP INK ~OTLER TEL: 120 ~88I001 P 005 March 19, 1996 Page 4 In connection with the unloading of perishables, we understand the canc~m of the Association is the sound of generators an trucks carrying these perishables. Please note the majority of perishables will be unloaded on the east s+de of the Smith's building; there may be the occasional unloading on the west side of the building. However, none of these trucks will run their generators, and no deliveries will be made to Smith's, nor will there be cleaning of Smith`s parking lot prior to 7:00 a.m. or after X0:00 p.m. Again, development of the Smith's site is to be at no cost to the Association, prpvided the Association shall pay any professional or other costs and fees directly incurred by the Association. The Association shall use all good faith efforts to timely review and comment on the application, and shall do everything reasonably necessary to support the application before Meridian. Steve, once you have had the opportunity to review this letter, please give me a call to discuss. Sincerely, JoAnn C. Butler JCB:Iaa cc: (via facsimile) David Nielson Mike Wardle pick Mallerup Georgia Mackley Qoug Kowalis i~~ ~ ~``~' ~ 'lily '1 7 .,~/ 7 ,~ ~~ ~~%~ L ~~ :~~ ~~~~ ~~ o-~~ '~ ~~ C ~iv~~ ~19'-~6 ~~~~~ ~- ~~J~°~~~ Attorneys and Counselors at Law 607 North 8th Street, Suite 310 P. O. Box 639 Boise, Idaho 83701 (208) 388-1000 Facsimile (208) 388-1001 March 19, 1996 via Hand Delivery Steven R. Weeks Givens Pursley & Huntley 277 N. 6th Street, Suite 200 Boise, Idaho 83702 Re: Smith's Food & Drug CenterNaleri Place Subdivision Dear Steve: Michael T. Spink 388-1092 JoAnn C. Butler 388-1093 As a follow-up to our phone conversation earlier today, let me clarify two points you raised on behalf of your client, Valeri Place Homeowner's Association, Inc. (the Association) in connection with the pending rezone application by Smith's Food & Drug Centers, Inc. (Smith's) for the corner of Cherry Lane and Linder Road. First, it is Smith's intent to maintain the landscaping on its' site; and second, so long as the Association and Smith's are working in good faith together, in the event it becomes reasonably necessary for either party to seek enforce of the private agreement it has reached, the prevailing party will be entitled to request the recovery of reasonable attorney's fees. Sincerely, ~~Ar~ b~ JoAnn C. Butler JCB:Iaa cc: David Nielson Mike Wardle Doug Kowalis ~ ~ Meridian Planning & Zoning Commission February 13, 1996 Page 10 conditional use. Shearer: Second Johnson: It is moved and seconded we pass a recommendation to the City Council of the City of Meridian as stated by Commissioner Oslund, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE OF 8.34 ACRES TO C-N BY SMITH'S FOOD AND DRUG CENTER, INC.: Johnson: Any comments regarding the findings of fact for Smith's Food and Drug Center, Inc? Oslund: Point of interest, page 17, item 7, recommended that the vacant parcel to the west be developed as a park with maintenance provided by homeowners association of Valerie Place Subdivision. I guess I wonder do we have the authority to place it in their, within their responsibility to maintain? Do they have anything to say about this? Johnson: Does anyone have a valid recommendation here? Mr. Crookston, are we making a valid recommendation here? Crookston: It is something that would have to be worked out between Smith's and the homeowners association of Valerie Place. It is a recommendation to the Council hopefully they would come to the City and talk about it. We cannot require that. Oslund: If we can't come to an agreement and that deal falls through what happens with our, it just evaporates altogether or what? Crookston: Well it would. It is my understanding that the City does not want to have an approximately 2 acre park to maintain and care for. That is why that is in there the way it is. Their proposal was to either have it as a park or to make it part of a residential subdivision is what they said at the hearing. Johnson: Understand? Oslund: It is clear as mud I guess. Johnson: Well the park was one. of two alternatives proposed as I recall. Any other comments regarding these findings of fact that have been prepared for Smith's Food and ~ ~ Meridian Planning & Zoning Commission February 13, 1996 Page 11 . Drug Center tnc. If there are none then I will entertain a motion. Shearer: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby approves and adopts these findings of fact and conclusions of law. Oslund: Would it be appropriate to ask for discussion. Johnson: No, it wouldn't be. You have to get a second first. Oslund: Second, discussion. Johnson: Go ahead. Oslund: I am still not happy with that. Johnson: That is why we vote. Oslund: Well I haven't heard anybody vote no yet. Back to item 7, is there a way we can modify the language possibly that in the even that the deal falls through Valerie Place is not willing to maintain it that somehow the park doesn't evaporate that the City has an opportunity to entertain the idea of maintaining it. Can't do that, why is that? Smith: Mr. Chairman, Commissioner Oslund, a park that size, we have to transport all of our equipment for maintenance and we are not equipped to do that. We have had to do a separate maintenance facility at the 8th Street park because we can't transport equipment back and forth across town. Historically nay park that is less than 5 acres is a maintenance nightmare for a City. It takes a lot of time it takes a lot of other equipment to take care of because you can't house anything on site. Everything you do is transported in whether it is fertilizing, mowing, whatever the operation is. I personally would be opposed to the City getting involved in maintaining a park that size. Thank you. Johnson: Any further discussion? We have a motion and a second to approve the findings of fact and conclusions of law as prepared, roll call vote. ROLL CALL VOTE: Hepper -Yea, Oslund -Yea, Shearer -Yea, MacCoy -Nea. MOTION CARRIED: 3 Yea, 1 Nea Johnson: Is there a recommendation you wish to pass onto the City Council at this time. Shearer: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby Meridian Planning & Zoning Commission February 13, 1996 Page 12 recommends to-the City Council of the City of Meridian that they approve the rezone request by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law that the property be required to meet water and sewer requirements, fire department requirements, Nampa Meridian Irrigation requirements, fire and life safety, uniform building code and other ordinances of the City of Meridian. Oslund: Second Johnson: We have a recommendation for the City Council with a second, all those in favor? Opposed? MOTION CARRIED: 3 Yea, 1 No ITEM #11: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR THE RANCH BY WESTPARK COMPANY: Johnson: I will open the public hearing and invite the applicant to address the Commission at this time. Wayne Forrey, 3045 Thayen Place, Boise, was sworn by the City Attorney. Forrey: Mr. Chairman, members of the Commission, my name is Wayne Forrey, I work with Westpark Company the developer of the Ranch Subdivision formerly known as the Highlands Ranch, the Commission may recall that name. With me tonight is Greg Johnson, the owner of Westpark Company and the companies legal counsel JoAnn Butler. I have a revised layout plat that is colored that I would like to give to the Commission. Then I would like to go through a short slide presentation. We will probably referred to the colored map after the slides so let me turn that on right now. (SLIDE PRESENTATION) We have had several applications on the Highlands Ranch project, annexation, preliminary plat, conditional use planned development, several annexation applications. I feel it is a culmination of a good process. It has been getting better all of the time. Here is a vicinity map for everyone to look at. This is a project that is between Locust Grove Road and then on the south is Victory Road and on the East is Eagle Road, you can see the Eagle I-84 Interchange up there in the top right hand comer of that site map. The project is essentially one mile wide the stretch between Locust Grove Road and Eagle Road. Now I am at the comer, this would be the NW corner of the project, this is on Locust Grove Road looking directly east and this is the John Shipley property and this is where Highlands Ranch starts on Locust Grove Road. All of that field that you see there in the background would be the Ranch subdivision. This is right where the canal crosses Locust Grove Road, the canal of course is high ground and so the road drops on either side of the canal. There have • GRRi~ARY 131996 MERIDIAN PLANNING & ZONING COMMISSION MEETING: F APPLICANT: Sn9TH'S FOOD 8~ DRUG CENTER _ AGENDA ITEM NUMBER: 10 REQUEST: FIN INGS OF FACT AND CONCLUSIONS OF LAW FOR A REZONE OF 8 34 ACRES TO A. GENCY 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: COMMENTS FINDINGS OF FACT AND CONCLUSIONS OFLAW ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~i~`L ~rP' 7r ~~ ~~~ `NFP `~ ~°,f ~~ OTHER: A~,I. Materials presented at public meetings shall become property of the City of Meridian. • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION SMITH'S FOOD & DRUG CENTER, INC. REZONE APPLICATION SOUTHEAST QUARTER OF SECTION 2, T 3N., R.1W.,_B.M. MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing January 9, 1996 at the hour of 7:30 o'clock p.m., the Petitioner appearing through its representative, Mike Wardle, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter, makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Rezone Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 9, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 9, 1996, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property is located within the City of Meridian and the owners of record are James Huarte, of Shingle Springs, California, Dorothy L. Manning, Boise, Idaho, and Richard A. Baer, Meridian, Idaho, which property is described in the application FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 1 • which description is incorporated herein; that the owners have consented to this application; that the property is presently zoned R-4, Low Density Residential and L-0, Limited Office; that the Applicant requests a rezone of the 8.34 acres to C-N, Neighborhood Business, to allow construction of a Smith's Food and Drug Center. 3. The present land nse is currently two dwellings at the corner, one owner occupied and the other a rental; that the balance of the property is vacant and formerly proposed to be an extension of Valeri Place Subdivision. 4. That the surrounding property consists of residential to the North; bare ground to the West and further west and abutting the bare ground is Valeri Place No. 1 Subdivision; to the South, across Cherry Lane, there are three developed parcels, including Domino's Pizza, a car wash and a Maverik Convenience Store; to the East, across Linder Road, is vacant land and three single family homes fronting Cherry Lane; and to the Southeast is undeveloped land with C-N and R-8 zoning. 5. That the Applicant proposes to construct a 60,000 square foot front-loading food and drug store on a 7.24 acre parcel. 6. That the Applicant stated in the application that it proposes to buffer the North; that a row of single family lots on an extension of Kastle Falls Way would buffer the existing homes in Glennfield Manor Subdivision; that a 25 foot setback at the rear of the store facing the new residences will be intensely landscaped with only wall mounted, down-cast security lighting; that there will be no service access at the rear of the store; that to the FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 2 • • West, there are two (2) options possible; that a cul-de-sac be developed in the subdivision preliminary plat or provide the 2.69 acre parcel for a public city park; that the frontage of both Cherry Lane and Linder Road will be bermed and extensively landscaped; that on a plat drawing submitted with the rezone application the applicant showed the approximate 2.69 acres that Applicant's representative mentioned as being a park area and on the plat drawing it states "For Future Residential or Recreational Use". 7. That a traffic study has been conducted by Bell-Walker Engineers and submitted with this application, as well as to the Ada County Highway District for their review; that the traffic study is incorporated herein as if set forth in full. 8. That the C-N District is described in the Zoning Ordinance, 11-2-408 B. 2 as follows: (C-N) Community Business District: The purpose of the (C-Ni District is to permit the establishment of small scale convenience business uses which are intended to meet the daily needs of the residents of an immediate neighborhood (as defined by the policies of the Meridian Comprehensive Plan); to encourage clustering and strategic siting of such businesses to provide service to the neighborhood and avoid intrusion of such uses into the adjoining residential districts. All such districts shall give direct access to transportation arterials or collectors, be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute all or any part of a strip development concept. 9. That in the Meridian Comprehensive Plan neighborhoods-are defined in the Plan at Page 6 as follows: "Definition: The neighborhood is a residential area with uniform characteristics of a size comparable to that usually served by an elementary school or a small business convenience FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 3 center or a local park. Although neighborhoods occur in various shapes and sizes, a section of the City measuring one- half to one and one-half miles across is usually used for planning purposes. It has facilities within easy walking distances and provides the basis for community identification." 10. That Ordinance 11-2-410, ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS, A, for the C-N District, requires that there be a ten (10) foot side yard setback. 11. Mike Wardle, the Applicant's representative, testified that the parcel in question lies north of Cherry Lane, West of Linder Road, and is approximately 7.25 acres in size; that the proposed change is from the existing R-4, single family residential and L-O, limited office zones, to a C-N, Neighborhood Business District; that Smith's has met with the residents in an October 1995 meeting and a November 9, 1995 meeting, expressly to deal with the concerns of the residents affected by this rezone; that originally the store was to be built to the north with just a buffer between the store and the existing Glennfield Manor; that the Applicant has since changed its proposal and moved the store southerly and proposed an extension of the public street, to develop an additional six (6) lots that would provide the buffer between the store and the existing residents to the north; that the buffer at the back of the store then would be a 25 foot landscaped area, again with no service activity at the back; that the building height would be 26 feet with a berm going up the back and landscaping, both in sod, ground treatment, and a lot of vertical growing bushes to provide a buffer. FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 4 That for the residents affected in the Linder Falls Subdivision area, two (2) options were proposed; one being a cul- de-sac, which is close to what was originally proposed in the preliminary plat, and the second being a 2.7 acre park; the first option being two (2) additional rows of houses, and the second option would be the possible dedication to Meridian of that space as a park; that Smith's will work with the residents to resolve concerns regarding screening, landscaping and control of lighting and signage. Mr. Wardle also submitted written comment pertaining to the Meridian Comprehensive Plan which is incorporated herein as if set forth in full. Additionally, a STATEMENT OF SUPPORT, signed by 16 people was submitted the night of the hearing is incorporated herein as if set forth in full. Mr. Wardle submitted additional comments after the public had given testimony; he stated that Smith's will work with Meridian and residents to resolve concerns, to mitigate problems, to provide appropriate screening, landscaping and to control lighting and signage; that the commission must deal with the factual issues and not the emotional issues; and that the Meridian Comprehensive plan is silent with respect to where these types of facilities should be located. 12. -Gary Funkhouse, transportation engineer with Bell-Walker Engineers, testified regarding the traffic impact analysis prepared for this proposed development; that the estimated trip generation for this site will be 6600 trips per day; that three (3j types of FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 5 i ~' trips make up this analysis: 1. Primary trip--a trip from a residence that is heading directly for this site. 2. Diverted link trip--a trip where by you are travelling down another roadway and you divert over to this site and then head back to your next destination you were headed. 3. Pass by trips--a trip where you are currently on the existing roadway and you turn into the site and turn out and continue on your trip you were already on. That new trips to the site are primary trips and diverted link trips, that being trips where the initial goal was not grocery shopping; that 'pass by' trips are estimated for this type of development, or that are already on the system on Linder and Cherry Lane; pass by trips are estimated for this type of development at approximately 50$ of the 6600, or approximately 3300; that less than 2.2$, or 120 trips, of the trips are generated during the time frame of 7:00 to 8:00 a.m. when children are going to school and about 6.5~ of the trips are heading for this site when children are going to and from their dismissal time of 3 : 00 p.m. ; that "diverted trips" were not calculated; that the roadways that are serving the site are both arterial roadways, minor arterials; that one is five (5) lane and the other three (3) lane and that this intersection of Cherry Lane and Linder Road is a level of service "C" which is desirable by the Ada County Highway District and which will remain a level "C" when this project is completed; that the change in average delay by the addition of this site is one (1) extra second per vehicle, on an average; that the normal zone that you analyze is two to three miles from this site as the normal drawing area for this type of store. FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 6 • 13. Joann Butler, Boise attorney, representing Smith's, testified that the rezone will implement what the Comprehensive Plan desires and she presented a set of FINDINGS FOR APPROVAL for the Commission, which are incorporated as if set forth in herein. 14. There were several property owners in the immediate area who testified regarding the application; the testimony can be summarized as follows: a. Paula Devaney testified that she is in favor this proposal; that two (2) things this City needs are additional neighborhood services and additional parks and recreation; the more residential, the more houses which equates to more burden on schools and well as increase the traffic; that here is an opportunity for the City to set a precedence to start doing some partnering with developers and getting wheat the City wants as well as what the City needs. b. That Pam Bennett testified she and 160 signatures of people in the area oppose Smith's moving into this location; that they are opposed to the rezoning and there is no need for another grocery store within a three (3) mile radius; that the subdivision of Linder Falls, formerly known as Kastle Falls, has strict CC&R's which speak to nuisances and offensive activities and no commercial activity, in addition to no exterior or interior lighting being placed to cause glare, excessive light spillage onto neighboring lots; that she and the resident's concerned with this proposal are an organized and serious taxpaying group of homeowners prepared to fight Smith's rezoning proposal. c. Bonnie Bradshaw testified that being just new to the area and not familiar with the comprehensive plan, wishes a different location be found by Smith's but is not opposed to Smith's coming to the area. d. That Shelly Monks testified that she has collected within her block alone, 14 names of homeowners in support of Smith's; that this is a growing community and like it or not it is happening. FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 7 • e. Dee Ray Olsen testified that she is excited with the prospect of this application and the choice of location; that it will be convenient and Smith's in the past. was a good neighbor. f. Kristen Miller testified that considering what is good for the children and for their parents should be recognized; that the traffic now is hectic and to add a grocery store in the mix would created.a congested traffic mess; that she and her neighbors should not be forced to have Smith's in their neighborhood. g. That Dan Barkini testified that he is not opposed to the food store chain and that he welcomes the competition; that he is opposed to the rezoning of the northwest corner of Linder and Cherry Lane to anything except single family residences; that with the market comes noise, smell, lights and raises the safety issue, making the area a less desirable area to live in. h. Lisa Johnson testified that she is also opposed to this application; that it is too close to the subdivision which has strict restrictive covenants and the risk it has of devaluing her property. i. That Sharon Litzhauer offered testimony stating that she sees by Smith's plans to bring in off of Linder two (2) streets creating a through street; that now safety become an issue as cars use the street as a short cut to the new store; that the deterrent of speed bumps won't hinder the traffic increase through the neighborhood. Commissioner Oslund pointed out that regardless of the corner development, whether residential or commercial, the potential for cut through exists either way. j. Brent Perkins testified that a store in that proximity to a subdivision of that nature is bound to affect the property values; that to put another grocery store in this tight of an area where already the available space for shopping is tripling, is definitely going to impact some of the residents of this community. k. Leslie Peters offered testimony stating her concerns of safety; whether sidewalks would be FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 8 • • required on both sides of Linder Road and added that speed bumps is not going to slow traffic down and whether the speed limits would be more monitored. 1. Mary Ann Christman, of the Parkside Creek Subdivision, testified she is in favor of Smith's and the location chosen; that her lot backs up to the new Albertson's location and bought the lot knowing that the food chain was going to be building a new store; that she has shopped at Smith's in their other locations and found Smith's to be very competitive; that she understands the feelings of the neighbors to this proposed location, but that Smith's, in considering the people in the area, are proposing a park, planning berms, lots of landscaping, something she wishes she would have at her location; that being a realtor in the area she has heard a lot of comments about the fact there is not enough grocery stores or amenities in the area; that Smith's will bring convenience and competition to shoppers. m. Bredon Johnson, 1970 Emerald Falls Court, testified that he is opposed to this proposal of taking residential space to build a store on when there is commercial space out there that would serve Smith's just as well; that this is going to hurt the value of his home; that the concept of building one row of houses as a buffer in his opinion, will not solve the problem; that he is opposed in merging commercial that closely with residential and that he did not purchase his home knowing that commercial. zoning was going to be his neighbor. n. That Marvin Bodine testified that Meridian will never get a big park if it gets many more little parks, which are a detriment and don't do Meridian any good. o. Terri Maupin, 1672 North Rastle Falls ,Avenue, offered testimony opposing this application, stating that while unpacking moving boxes she received information regarding this application by Smith's; that the maps she viewed at the time she was interested in purchasing the home showed the area as residential, being the next phase of the subdivision; that her realtor got the information from the realtor representing the building stating the same; that she didn't think she paid a reduced price, but received what she thought was a good FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 9 • deal being in Meridian. p. Chris Jacks testified that he applauds Smith's coming to Meridian but does not approve of the location; that the. increased traffic and safety of his children is of concern. q. That Randy Nash testified he purchased his home in good faith in an upscale neighborhood with further plans for residential development and not commercial; that this proposed development is going to devalue his home dramatically; that this will downscale the neighborhood and also increase traffic and he opposes this application. r. Wanda Lansbury, 1383 Storey Street, testified that she is in favor of this proposed development; that if it wasn't developed for a market, it could. be something worse like a dog kennel, bar or drive-in. s. Georgia Mackly, 1287 North Santa Rosa, testified that she was hired by Mr. Jim Huarte, who inherited this property, to clean up phase 1 of Linder Falls; that the houses were not selling in Linder Falls and nothing affects homeowners value more than houses not selling; that since Smith's announcement, there has been one (1) spec house sold and two (2) options on two (2) more lots; that as a citizen of Meridian, she approves of the Smith's application and also knowing Mr. Huarte's good faith effort is and trying to do the best thing with the property on the corner. t. Kelly Maupin, testified, commenting that he will be looking at the parking lot and the lights on the light towers and that there is nothing that can block that. u. Elizabeth Goon, 1862 Emerald Falls Drive, testified that she lives right across from the proposed Smith's in lot 26; that she brought in 160 signatures from folks living on all sides of Linder and Cherry Lane; folks who do not want a grocery store that close or the traffic that comes with it. v. Mary Lou Bower testified that she lives in a house which would be three doors away from the proposed Smith's store; that this property should remain residential and that Smith's find some commercially zoned property; that she is not opposed to Smith's except that they want to come in at this location FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 10 ~J and that it will hurt her property value. 15. That Mike Wardle submitted draft minutes of the Boise City Planning and Zoning Commission hearing testimony by Bev Stoddard, representative of the Meridian School District, in which Ms. Stoddard made the following comment: "We are welcoming Smith's for their other location they have chosen at Cherry-and Linder. It is half a mile away from any of our schools and we have absolutely no problem with that." 16. That written testimony was submitted, some of which was not timely submitted and some of which was; the following is a summary of each persons written testimony if it was timely submitted: 1. W. Roy Brown, 1701 W. Cherry Lane, stated that this store is badly needed to service the fast growing population in this area; that having shopped the Smith's in the Utah area, he found them to be clean, progressive, well- stocked operation and believes they provide good service to the community; that he recommends the C-N zoning. 2. Glenn R. Bentley, Meridian City Councilman, submitted written comment, which is incorporated herein as if set forth in full; he stated that the people who bought lots in Glennfield Manor with the knowledge that the remainder of the vacant land was in the plat for residential; he questioned how many people are willing to buy houses knowing their view out their picture window is the back of a grocery store; that with this store there would be four stores in a three mile stretch; and that drivers would use the Castle Falls street as a by-pass of the traffic light at Linder Road and Cherry Lane. That petitions were submitted the night of the public hearing, signed by approximately 150 people, stating they were not in favor and do not support the rezone application. 17. That Doug Rowallis of Crest and Company, a real estate FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 11 • • representative from Boise, addressed the Commission and testified that three (3) other sites besides this one at Linder and Cherry Lane had analysis done~as possible locations; that the hours of operation is 24 hours with parking stalls for approximately 363 cars; that deliveries will be confined to the hours between 7:00 a.m. and 10:00 p.m. as well as the sweeping of the parking lot. 18. That Terry Schofield, the architect for this project, testified that all of the- equipment and compressors for the refrigeration is included inside a penthouse with a mechanical well for the air handler sitting next to it; that this well is pressed down into the store so it is actually sitting at the same height as the mezzanine of the compressor well but is open on all four sides to allow the sound to escape directly upward. 19. That the Assistant to the Meridian City Engineer, Bruce Freckleton, Planning and Zoning Administrator, Shari Stiles, Meridian Police and Fire Departments, Central District Health Department and the Nampa & Meridian Irrigation District, submitted comments; that there were no comments submitted by the Ada County Highway Commission, but when they are, they shall be incorporated herein as if set forth in full. 20. That the comments submitted by Bruce Freckleton, Assistant to the City Engineer are as follows: a. Any existing irrigation/drainage ditches crossing the property shall be tiled; b. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance, but wells may be used for non-domestic purposes such as landscape irrigation; FINDINGS OF FACT AND CONCLUSIONS OF LAW page 12 SMITH'S FOOD & DRUG CENTER, INC. • c. That a drainage plan designed by an architect or an engineer shall be submitted for all off-street parking areas and that off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements; d. That outside lighting shall be designed and placed so as to not direct illumination on any nearby residences; e. That all signage shall be in accordance with Meridian City Ordinances; f. That the paving and striping shall be in accordance with the Americans with Disabilities Act. g. That the treatment capacity of Meridian's Waste Water Treatment Plant is currently being evaluated and that approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. 21. That Shari Stiles, Planning and Zoning Director, submitted comments regarding this request by Smith's Food & Drug Center, Inc.; that the majority of the property at the northwest corner of Linder Road and Cherry Lane is zoned R-4 and had been platted as Valeri Place (aka Kastle/Emerald/Cinder Falls) Subdivision; that Valeri Place Subdivision No. 1 has been recorded; that the final plat of Valeri Place Subdivision Nol 2 was approved on 8/3/93 and a one-year extension granted on 7/5/94 and that this plat is now null and void; that a portion of the site was rezoned on 3/15/94 to L-O, Limited Office to allow a low impact buffer between the intersection and anticipated residential development and that the applicants for the rezone to L-O were Glenn and Millie Nyborg; that the Generalized Land Use Map from the Comprehensive Plan shows this parcel as being Existing Urban and existing uses of a type similar to this are, or will be, located at Locust Grove Road, Meridian Road, and Ten Mile .Road, all on Fairview Avenue/Cherry Lane. FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 13 • Ms. Stiles commented further that if this rezoning if approved, the Developer should provide the following: 1. A minimum 35-foot landscape buffer on Cherry Lane as well as details for approval prior to obtaining building permit; 2. Minimum 20-foot landscaped buffers on Linder Road and adjacent to residential uses (including across the road), with details for approval; 3. Complete site plan for review and approval prior to submitting for building permits to assure compliance with City ordinances and staff and agency requirements; 4. One (1) three-inch (3") caliper tree for each 1,500 square feet of paving; 5. Construction in compliance with the Americans with Disabilities Act; 6. Extension and hookup of sewer and water lines to serve project; and 7. Application for conditional use permit for any further development (future pad site). 22. The following statements are made in Meridian Comprehensive Plan, to wit: "Economic Development Goal Statement Meridian seeks to stimulate, encourage and give preference to those types of economic activities and developments which provide for the employment of Meridian citizens and area residents, and reduce the need for people to commute to neighboring cities for work. 1. Policies 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.4 Positive programs should be undertaken to support existing industrial and commercial areas to ensure their continued vitality, such as: . . c. Zoning changes to assure desired economic development. 1.6 It is the policy of the City of Meridian to support shopping facilities which are FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 14 • • effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant." 23. That property notice has been given as required by law and all procedures before the Commission have been followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicants' property. 2. That the City has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, and of actual conditions existing within the City and state. 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 4. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 5. That 11-2-416 (R) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 15 U of those requirements and a review of the facts presented and conditions of the area, the .Planning and Zoning Commission specifically concludes as follows: (a ) The new zoning would be harmonious with and in accordance with the Comprehensive Plan and no Comprehensive Plan amendment is required. (b) The area is in the CINDER DISTRICT neighborhood, as set forth in the Meridian Comprehensive Plan, is along Cherry Lane, which is designed for commercial and retail uses, and a rezone of the subject property is in line with that designation. (cj The area around the proposed zoning amendment is developed in a retail and commercial fashion that would be allowed under the new zoning and the new zoning would not be contrary to the allowed uses in the area and would be in line with existing developments in the area. (d) There has been some change in the area which may dictate that the property should be rezoned, the change from residential zoning to Limited Office zoning for the property and house which front on Cherry Lane and the property is to be developed in a fashion which comports with other development in the area and the existing zoning is probably out of line with the many existing uses, particularly on the south side of Cherry Lane. (e) That it is unknown, specifically, that the property is proposed to be designed and constructed to be harmonious with the surrounding area, but the Applicant is specifically aware that it is proposing to place a grocery and drug store among residential neighbors. (f) The proposed use should not be hazardous or severely disturbing to the existing or future uses of the neighborhood, and the Applicant will be instructed, and required, to have its store as unimposing as possible. (g) The property will be able to be adequately served with public facilities, and connection to municipal sewer and water is required. (h) The proposed use would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 16 • • (i) The proposed use should not involve any detrimental activity to any person's property or the general welfare. (j) Development will cause a significant increase in vehicular traffic but it should not interfere with surrounding traffic patterns. (k) That this rezone will not result in the destruction, loss or damage of any natural or scenic feature of major importance. (1) The proposed zoning amendment is in the best interest of City of Meridian. 6. That the Applicant shall be required to meet and comply with all of the comments and requirements of Bruce Freckleton, Shari Stiles, Central District Health, Meridian Police and Fire Departments. 2~ 7. That it is recommended that the approximate .69 ac es to the west of where the store is to be located be develop as a park with maintenance provided by the homeowners association of Valeri Place Subdivision. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER OSLUND COMMISSIONER SHEARER COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) VOTED ~l- VOTED VOTED ~ VOTE VOTED 3-/ Yom` FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 17 `' ~ • RECOI~IIKENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Rezone requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, Fire Department requirements, Sewer and Water Department requirements, the Nampa Meridian Irrigation District requirements, the fire and life safety codes, and the Uniform Building Code, and other all Ordinances of the City of Meridian . MOTION: APPROVED: DISAPPROVED: 3 / ~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW SMITH'S FOOD & DRUG CENTER, INC. Page 18 r MERIDIAN PLANNING & ZONING COMMISSION MEETING: JANUARY 9 1996 APPLICANT: SMITH' FOOD 8: DRUG CENTER INC. AGENDA ITEM NUMBER: 13 REQUEST: PUBLIC HEARING REQUEST FOR A REZONE OF 8 34 ACRES FROM R-4 AND L-0 TO C-N AGENCY 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 SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS QI~ SEE ATTACHED COMMENTS , „ ~j SEE ATTACHED COMMENTS P ~~ el ~~ ~ ~ C ~-~ ~~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. January 16, 1996 REc~~vr~C3 ,IAA! 1 9 1996 City of Meridian Plarnning & Zoning Commission 33 E. Idaho Avenue Meridian, ID CR1( 4F MERiDtAN RE: Smith's Food King Application Dear Commissioners: During your public hearing for the above referenced application a request was made for the Covenants, Conditions & restrictions for Valeri Place Subdivision No. 1. Enclosed please .find 8 copies of the CC&R's with reference to Valeri Place Subdivision which, contrary to Mrs. Bennett's testimony, does not include the property addressed in this application. Sincerely, . /~ Georgia Mickley 1287 N. Santa Rosa Meridian, ID 83642 Home: (208)884-1145 Work: (208)939-6000 1 . r J V V I - 1 ;... ... .tAN 1 91996 r. :. ~ : -- CI'4'Y QF MERtG{AN DECLARATION OF COVENANTS, 0~~~ .,. ,...,, ,,,, ~ . ~ ::3 CONDITIONS AND RESTRICTIONS ~ t'~'~ =~ ' • • FOR VALERI PLACE SUBDIVISION N0.1 1J~000UUS THIS DECLARATION is made effective on the 20th day of August, 1993, by KASTLE FALLS SUBDIVISION PARTNERSHIP, an Idaho limited partnership, hereinafter referred to as'Declarant'. WHEREAS, Declarant is the owner of certain real property in the County of Ada, State of Idaho, hereinafter referred to as the 'Property', more particularly described as follows: The Plat of Valeri Place No. 1, recorded as Instrument No. 9358712 in book 63 of Plats, at pages 6307 through 6308, records of Ada County, Idaho. NOW, THEREFORE, aran!or hereby declares that the Property and each Lot, parcel or portion tl~ereot is and shall be held, sold, conveyed, encumbered, hypothecated, leased, used, c;cupied and irn,,roved subject to the following terms, covenants, conditions, reservations, easements and restrictions, all of which are declared and agreed to be in furtherance of a ggeneral plan for the protection, maintenance, subdivision, improvement and sale of the Property, and to enhance ttie value, desirability and attractiveness of the Property. The terms, covenants, conditions, reservations, easements and restrictions set north herein shall run with the land constituting the Property and with each estate therein and shall be binding upon all persons having or acqulnng any right, title or interest in the Property or any Lot, parcel or portion thereof; shall inurri to the benefit of every Lot, parcel or portion of the Property and interest therein, and shall inure to the benefit of and be binding upon Grantor, its successors in interest and each Grantee or Owner and his respective successors in interest, and may be enlorced by Grantor, by an Owner or his successors in interest. Notwithstanding the foregoing, no provision of this Declaration shall be construed as to prevent or limit Grantor's right to complete development of the Property and to construct improvements thereon, grantor's right to maintain model homes, construction, sales or leasing otlices or similar lacilitios on any portion of the Property, nor Grantor's right to post signs incidental to construction, sales or leasing. LH?L.t-E ! DEFINITIONS 1.1 'Architec!~tal Control Committee' or 'Committee' means the Architectural Control Committee created by this Declaration as described in Article III. 1.2 'Articles' shall mean the Articles of this Declaration. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI PLACE SUBDIVISION, Page 1. FVS/sir/OGII•r/~J3(ValeriDeclarlllion)7501-111 approved by the Architectural Control Committee. No fences of basket-weave design shall be allowed. No fence shat be constructed p~.sl the Ironl lul plane of Ilse cJwelfncd. / On corner tots, no Ience shall e>t.~nd past the Iront of the dwelling, nor stop at ihn roar ; ,. .. ,.~,.~... U.•... ~.... /tM Innl to Ih,~ irl;. T --- 15920JU30U 1.3 'Association' shall mean the Valeri Place Homeowner's Association, a non-profit corporation organized under th9 laws of the State of Idaho, its successors and assigns. i.4 'Board' shall mean the Board of Directors of the Association. 1.5 'Building Lot' or 'Lot' shall mean and refer to any plot of land showing upon any recorded plat of the Property. ~ 1.6 'Bylaws shall mean tho Bylaws of thA Association which are or shall be adopt6d by the Board. 1.7 'Committee' shall mean the Architectural Control Committee. ••• •~ ~ 1.8 ~ • 'Common Area' shall mean all real property, Including the Improvements I~cated thereon, owned by ttte Association for the common use and enjoyment of the owners and shall include the initial Common Area described below, together with such other properties as nay be annexed thereto and desig~aled as Comn~~on Area by Declarant in accordance with this Declaration. The initial Common Area to ue owned by the Association is described as lollows: Lot 1, Block 1, Lot 1, Block 2 and Lol 1, Block 3 which are landscaped common area lots, and Lot 7, Black 3, wftir•I~ is a park and recreation lot. 1.9 'Declaration' or 'Supplemental Declaration' shall refer to this Declaration as hereafter amended and supplemented from time to time. 1.10 'Declarant', 'Developer' or'Grantor' shall mean and refer to Kastte Falls Subdivision Partnership, an Idaho limited partnership, and his successors and assigns it such successors and assigns should acquire more than one (1) undeveloped. Lot from the Declarant for the purpose of development and as part of such conveyance, the Declarant assigns and transfers to such translereA the Declarant's rights with respect to such Lots. 1.1 ~ 'Improvement' shall mean any structure, facility, system, or other improvement or object, whether pomtanent or lamporary, which is erected, constructed or placed upon, under or In any portion of ttto Properly; including, but not limited to, buildings, fences, stroels, drives, driveways, sidewalKs, curbs, landscaping, signs, lights, mailboxes, electrical lines, pipes, pumps, ditches, waterways, swimming pools and other recreational facilities and lixtures of any kind whatsoever. • 1.12 'Mortgage' shall mean and refer to any mortgage or deed of trust, and 'Mortgagee' shall refer to tt~o mortgagee or beneficiary under a deed of trust and 'ivlortgagor' shall reler to the mortgagor or grantor of a deed of trust. 1.13 'Owner' shall mean and refer to the record Owner, ~vitether one or more persons or entities, of a lee simple title to any Lot wltict~ is a part of the properties, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI PLACE SUBDIVISION, Page 2, i-VS/slrlo~~t~/93(Vr!criDcclar,~liort)7501-Ot 1rJtiUC;U`.)11 maintained within the interior of a Unit in sanitary containers. All such matetial shall only be kept in sanitary containers. All equipment for the storage or disposal of such material shalt be kept in a clean, neat ano sanitary condition. ~ n~ et.,t.r nt~l~nrn nt Intnrcn~1lnnC r~rn rnnr•..~ ~v~ll. hCdaF ~r clittil~ 1:92000907 including contract sellers, but excluding those having such interest merely as security ' ~~ for the performance of an obligation. :.;;. 1.14 'Plat' shall mean the recorded Plat of Valerl Flace Subdivision and the recorded Plat of any other Properties annaxod hereto. 1.15 'Property", 'Prcperties' or 'Project' shall mean and refer to the real properly heroinbetore descrbed, and such additions thereto as may hereafter be annexed and brought within the coverage of this Declaration as more particularly provided `.or herein. For ntarketing purposes, the Property may b6 referred to as'Kastle Falls'. 1.16 'Setback' means the minimum distance established by law between the dwelling unit or other structure referred to and a given street, road or Lot line. 1.17 'Unit' shall mean one residence or dwelling which shall be situated upon a Lot. pRTLCLE I! GENERAL COVENANTS, CONDITIONS AND RESTRICTIONS 2.1 Exterior 1Vlaifttenance• Owner's Obliqat on:;. No improvements, including mail boxes and landscaping, shall be permitted to fall into disrepair and each improvement shall at all times be ic~~pt In good condition and repair. 2.2 )mnrovements Location (SAtbacksl. No Building will be locat9d on any Lot near than twenty-five (25) test to the front Lot line or nearer than twenty (20 feet to the rear Lot line. On corner Lots the street side Lot Ilne shall be at least twenty-five (25) feet, except as otherwise approved by the Architectural Control Committee. Single story homes will be at least five (5) feet from one side Lot line and at least ten f10) leet from the other; PROVIDED, HOWEVER, no home shall be built nearer than fifteen (15) feet to any existing home. Two-story homes shall have at least ten (10) feet on each side Lot Ilne. Eaves, steps and gutters shall not be considered as part of the building for the purpose of this section; PROVIDED, HOWEVER, that this shall not be construed to permit any eaves, steps or gutters or any portion of the building on any Lot to encroach upon a~;y other Lot. Open patios shall not be considered as a part of the build~n~, but any open patio which would extend bayond the building lines as herein established shall, prior to construction, require the approval of the Architectural Control Committee. Alt improvements constructed on any Lot shall conform io the foregoing setback restrictions unless specifically waived in writing by the Architectural Control Committee who shall to all events not grant a variance except as may be In conformance with applicable Meridian Ciry ordinances unless a variance is granted by the City through its approved procedures. 2.3 Nuisances: Offensive Activities. No noxious or offensive activity, including without limitation, those craating an offensive odor, shall be carried on upon any Lot, nor shall anything be Gone thereon which may be or may become an annoyance or nuisance to the neighborhood. No trade, craft, business, profession, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI PLACL' SUBDIVISION, Page 3. FVS/sir/0G/14/93(ValeriDeclamlion)7501-01 1~J200091ti tote Premises hereby convEyed or any party thereof for the collection of any charges herein required and to enforce the r:ondilions herein stated. C7 1592000909 ccmmercial or other similar activity of any kind shall be coriducted on any Lot, nor shall service odrsbus4ness betkept or stored ton~any t of exclepting the irlgho( anty homebulldee and the Declarant to constnsct residences on any Lot and to store construction materials and equipment on said Lots in the normal course of construction. 2.4 Co._r ptlance wF_t~9 p~dlnances. All local laws, zoning ordinances and regulations o1 all govemmantal bodies having jur'sdi~`tlon over the Property shall be observed. 2.b Use ot- Common nrpa Thy. %ommon Area shall be used only for the purposes for which they aro intended In th., fumishing of services and facilities for the enjoyment of the Lots. There shad be no use of the Common Area except by the Owners thereof, their invitees, guests o- tenants. Thera shall be no obstruction of any of the Common Area. Nothing shall be stored, kept, parked, built, erected, Installed or altered in the Common Area without the prior consent of iha Association. No waste shall be committed in the Common Area. 2.6 Land Usk gulfdfng Tvpe and Y~o~~~nn. No Lot shall be used except for residential purposb~, and no Lot shall be used for the conduct of any trads or business ur prafes;'onal activity. Notwithstanding the foregoing, an Owner ~;~ill be allowed to conduct a 'garage safe' upon such Owner's Lot, but no more often than one weekend per month. An Owner may on an occasional basis sell the young of an domestic pets which are otherwise authorized under this Declaration, dy, however, that nothing herein shall be deemed to authorize the approval of the operation of a ccmmercial kennel or the breeding of any domestic animal for commercial purposes on any Lot. No improvements shall be erected, altered, placed or permitted to remain on any lot other than one designed to accommodate no more than one (1) single family residential dwelling. 2.7 Size Lim tatlons and Garanae family dwelling erected upon a I ot, exclusive of gharagens'npatios,ob eezewaysCStoragle buildings, porches and similar structures shall b~1.,79.0'_square feet for aone-story house and 2,2G0 square feet for atwo-story or tri-level house. No split level homes or `~~sement homes' shali be allowed. No garage for less than two nor greater than four automobiles shall be permitted on any Lol and garage doors sh&II, in the aggregate, be limited to three automobile widths, except that one garage door may be oversized fora recreational vehicle. No portion of any dwelling originally constructed for use as a garage may b9 converted to any other use. Driveways are to be of concrete :.onstruction. Garage doors are to remain closed at all times except when-being operated. 2.8 ooiin Only shake, file or 30 or 40 year laminated architectural composition shi~g,e roofing (but no 'three tab composition roofs') shall be used on any structure consti acted on a Lot unless approved otherv~ise in writing by the Architectural Control Committee. 2.9 Buildlng Hetgh~. Houses shall not have a building height greater than two stories above ground level unless otherwise approved by the Architectural Control DECLARATION OF COVEN,WTS, CONDITIONS AND RESTRICTI DNS FOR VALERI ?LACE SUBDIVISIOl;, Pagr; ~l. F1/S/slr/oCVlq/93(ValeriC ;laratlon)7501-ot tr`32000913 Control Committee. The Owner of any Lot who dumps such material sh211 be liable for the cleanup and/or removal casts. 2.37 Excavation. No excavation for stone, sand, gravel, earth or minerals shall ba made upon a Lot unless such excavation is necessary for tt~e construction of • ®92000309 ' Committee. No basements without special approval. Corner lots and direct subdivision entry lots shall be limited to houses of one story above ground level ..Uess otherwise approved by the Architectural Control Committee. 2.10 Chimneys. Exterior surfaces of chimneys are to be of stucco, wood, stone or brick. Chimney chase enhancers are required, except in masonry chimneys. ?.11 Roof Metals. All metal llashtngs, chimney caps, roof jacks and other miscellaneous roof metals shall be parnte ~' !o blend with aged wood shingles or exterior house colors. 2.12 Exterior ~Yalls and Tr(ms. Aaterial for exterior walls shall be as specified in the Arc;~itectural Control Building Guidelines. Colors and material treatment shall be continuous and consistent on all elevations to achieve a uniform design. Colors shall oe compatible with surrounding homes. Prior approval of exterior colors is required. 2.13 !Nindovrs and Doors. Wood, vinyl, white clad and bronze anodized metal are approved for windows, door frames, skylights and garden windows. Miil finished aluminum windcv:s are not acceptable. 2.14 Utility f~~eters. Utility meters are to be placed in an unobtrusive location and concealed behind fences where possible. 2.15 Gutters and Dovrnspouts. All gutters and downspouts are to be continuous and shall be colored to blend with the surface to which they are attached. 2.16 Service Yards. Garbage cans, trash containers, firewood, bicycles, etc. are to be screened so they cannot be seen from the street or surrounding houses.. Consideration shall be given to the placement of all heat pumps, compressors or like equipment so that they are not a nuisance to the surrounding houses and screened where possible. 2.17 Landscaping. All Lot owners shall prepays and submit a landscape plan to the Architectural Control Committee. Unless otherwise required by said Committee, . all portions of a Lot which are unimproved with a dwelling, garag©, patio or other structure shall be landscaped and completely sodded. Landscaping in the front yard and street side yards on corner Lots shall include the planting of no loss than three ornamental trees of a size and type as may be approved by the Architectural Control Committee's rules. All landscaped and sodded areas shall be watered t:y pressurized sprinkler system. 2.18 Fences. No fence, hedge or boundary wall situated anywhere upon any Lot shall have a heigf~t greater than six (G) lest, or such other lesser heights as the Architectural Control Committee may specify, above the finished graded surface of the ground upon which such ience, hedge or wall is situated. Chain-Imk fences are hereby prohibited, EXCEPT where required by Declarant or any public agency in order to secure utility sites, irrigation or drainage facilities, or other public use as deemed necessary. All fences shall be of venical cedar c'esign and construction or as otherwise DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI C PLACE SUBDIVISION, Page 5. FVS/sir/oG/t4/93(ValeriDeclaralion)7501-01 ~ is:~zooo:~i~ architectural control requirements applicable to tl~e Project and improvements to be constructed thereon and may also promulgate procedural rules and regulations concerning submission of plans to the Committee. Such rules and regulations small have the same force and effect as this Declaration and may be enforced by the Declarant or the Association in the same manner as this Declaration may be enforced, whether or not such rules and regulations are recorded. 1'':)~:UUUJ10 approved by the Architectural Control Committee. No fences of basket-weave design No fence shall be constructed past tho Iront lot plane of the dwelling. ll be allowed h h . a s e tear On corner Lots, no fence shall extond past the (rout of the dwelling. nor slop at t f tho C•Nelling on the street side yard, nor be closer than ten (10) feet to the side l ane o p Lot sine. No fence, wall, hedge or shrub planting shall be placed or permitted to remain corner lot or ir. front of any structure facing any public right-of-vray other than. on any ht or n the case of a pain I nk fence, no more than) lour hei f b' he g In eet ee (3) more than t (4) feet in height. 2.19 exterior Llgl~tln is = Exterior lighting and interior lights reflecting outside shall not be placed to cause ylare or excossive light spillage onto neighboring Lols. 1 2.20 Temporar St~cture No improvements of temporary character, barn or other outbuilding shall be placed or used garage shack tent ment b il , , , , ase er, tra on any Lot at any time as a residence either temporarily or permanently. 2,21 Signs. No sign of any kind shall be displayed to tho public view from the f the Architectural Control Committee, except one l o Property witi~out the written approva sign of not more than threo (3) feet by two (2) teal. advertising a Lot for sale or lease and nl in connection with the development of l O b ara ec y except such signs as may bo used the Property and sale of Lots. This restriction shall not prohibit the temporary placement •' of political signs on any Lot by the Owner. .f s d 2.22 Qjl and M1nli~c~Op r t ons: No oil drilling, oil development operations, oil refining, quarrying or mining operation of any kind shall be permitted upon the r shafts bo permitted i ons o Property, nor shall oil wells, tanks, tunnols; m(neral excavat derrick or other structure designed (or use in boring for oil or N ~r ~. o upon the Property. natural gas shall be erected, maintained or permitted upcn the Property. le .n 2.23 nimals. No animals, livestock, snakes or poultry of any kind shat) be or other household pets may be t ' ~Y a s dogs, ca raised, bred or kept on any Lot, except that kept provided chat they are not kept, bred~or maintained for any commercial purpose lies with all city and county laws, rules t ~. s. comp and provided that the keeper of such pe and regulations. Owners are encouraged to place dog runs and kennels in rear yards. o oe They shall only be permitted to be placed and maintained in rear or side yards anc. in n t shall such structure be visible lrom a street. All such kennels or facilities shall nd even comply with alt applicable laws and rules; except that dog runs and kennels may be , . laced within side and rear yard setback lines. p ~e All dogs and cats or household pets kept on these premises shall be properly fed ed so as not to annoy or trespass upon the f l of enc y and cared for and shall be adequate use of property of others. Dogs shall not be allowed to run at large, shall not be tied In leashed when outside any dwelling or fenced t b of e or kept in the front yards, and mus yard. No more than tour (4) animals and no more than two (2) dogs and two (2) cats t that a litter of young may be kept until eight (t3) weeks i is me, excep may be kept at one t ofd. 'es " 2.24 garbage and Refuse Dlsaosal. No rubbish, trash, garbage, refuse or emain on the Property except trash kept and d t of o r debris small be placed or allowe DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI RI PLACF_ SUBDIVISION, Page G. NSlsir/oGJt4/93(VnlcriOcclamtion)75ot-ol 1:~ :)2000315 I 'J31E~ ~a its review as it deems proper, including without limitation, landscape plans, drainago plans, elevation drawings and doscriptions or samples of exterior m:+lnri~! r•nlnrc I Inlil rnr•nint hu 1hn f nmmitlnn nl rinV fP.ftlllrf!ft fr1:1nS. 1::J~;UGUJ11 maintained within the Interior of a Unit In sanitary containers. All such material shall only be kept in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean, neat and sanitary condition. 2.25 ~lgtzt Distance at Intersections. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between three (3) and eigtri (8) fast above the roadway shall be placed or permitted to remain can any corner Lot within fire triangular area formed by the street Property lines and a line connecting them at points thirty (30) feet from the intersection of the street lines, or in the case of a rounded Property comer Irom the intersection of the street Property lines extended. The same sight line limitation shall apply on any Lot Hithin ten (10) feet Irom the intersection of a stree- Property line with the edge of the driveway or alley pavement. No tree shall be permitted to remain within such distances of such Intersections unless t;~e foliage line is maintained at sufficient height to prevent obstruction of such sight lines. 2.26 Declarant's Right. Declarant reserves the right to construct residences and other improvements upon said Lots and to otter the same with completed structures thereon for sale to individual Owners. 2.27 Boats Campers and Othsr Vettlcles. No campers, recreation vehicle, trailers, boats, motcrcycles, snowmobiles, snow removal equipment, golf c2rts, maintenance equipment, or similar equipment shall be parked on any Lot unless Cully enclosed in a garage or on a create pad, screened Irom view in the rear or side yard of said Lot by fencing approved by the Architectural Control Committee, and the same shall not be parked on any street adjacent thereto. All other parking of the aforesaid equipment and vehicles shall be prohibited, except as approved in writing by the Architectural Control Committeo. No parking areas or driveways shall he constructed or maintained except as approved by the Architectural Control Committee. Junk cars, inoperable cars or vehicles, or unsightly vehicles, shall not be allowed on any part of the' Property, nor on streets adjacent ll~erelo or within the Properly, excepting only within the confines of an enclosed attached garage: Notwithstanding the foregoing; .any Owner or gt!est of any Owner may ;:ark a frailer, boat, motorhome or camper. on a driveway or a public street in the Property lot' a maximum of three (3) consecutive days, provided such is not in violation of the ordinances of the City cf Meridian. 2.28 Sewage DlsPosal. No individual sewage disposal system shall be permitted on any Lot. All recorded Lots within this Subdivision shall be subject to and restricted by the following recorded Subdivision Covenants: 2.28.1 A monthly sewer charge mus- be paid after connecting to the Meridian Cily public sewer system, according to the ordinances and laws o{ Meridian City. 2.28.2 Owner shall submit to inspection by either the Department of Public Works or the Department of t3uilding Safety whenever a subdivided Lot is to be connected to the sewage system. , 2.28.3 The ApplicanUOwner of the Subdivision shall and hereby does vest in Meridian City the right and p~~wer to bring all actions against the Owner of DECLARATION OF COVENANTS, CONDITIONS AND RCSTfiICTIONS FOR VALERI PLACE SUE3DIVISION, PagC 7. FVSIs!s!QG/14/~3{V.JciiDcri:uation)7501-01 1~~~~: (r~~1U~;11E) 3.8 Vnrinnces. The Contmiltee may authorize variances front compliance 1592000312 ti'~e Premises hereby ~onvbyed or any party thereof for the collection of any charges herein required and to enforce the r:ondi!ions herein stated. 2.29 Bat oms. All bathrooms, sink and toilet facilities shall be inside residence buildings and shall be connected by underground pipes directly with the sewer system. 2.30 Antennae. No tetevlsion or radio antennae, satellite receivers or radio aerials sha!I be installed on the Property, other than within the interior of a Unit. 2.31 Unsightly Articles. No unsightly articlas shah be permitted to remain on any Lot as to be visible from any other portion of the Property. Without limiting the foregoing, no clothing or household fabrics shall be hung, dried or aired In such a way as to be visible from any other portion of It~e Properly. No lumber, grass, shrub or tree clippings or plant waste, compost piles, metals, building or other materiels or scrag or other similar material or articles shall be kept, stored or allowed to ac~cumulatr: on any portion of the Property except within an enclosed struct~rre or appropriately scredned from view as approved, in writing, by the Architectural Control Committee. Screened' is defined as being concealed or made non-visible from eye level, at grade, at all pints within the Property. Perr:ianent, in-ground clothes lines are prohibited. 2.32 Construction. touring the course of actual construction of any permanent improvements, pursued i:t accordance with Section 2.25 hereof. the restrictions contained in this Declaration and any supplemental declarations shall be deemed waived to the extent necessary to permit such construction, provided that during the cours6 of such construction nothing shall bo done which will result in a violation of these restrictions upon completion of construction and all construction shall be diligently prosecuted to completion, continuously and without delays. 2.33 deconstruction. In any case where it is necessary to reconstruct a Unit, said reconstruction shall be prosecuted diligently, continuously, and without delays from time of commencing thereof until such stricture is fully completed and painted, unless prevented by causes beyond control and only (or such time that such causes continue. 2.34 Prosecution of Construction Work. The construction 'of all dwelling houses and structures shall tie prosecuted diligently, continuously and without delays from the time of commencement thereof until completion and painting. All structures shall be completed as to oxternal appearance, including finish painting, within one (1) year from the date of commencement of construction, except as may be expressly extended by the Architectural Control CommY,tee. 2.35 ~ilalntenance an~t~~. In the event the improvements on any Lot shall suffer damage or destruction from any cause, the Owner thereof shall undertake the repair, restoration and reconstruction thereof within ninety (90) days of such damage or destruction. 2.36 No Dumping. No excavation material, grass or yard clippings, rubbish, trash, garbage, refuse or debris shall be placed or allowed to remain on any vacant or unimproved Lot, without ttte prior written r:.rproval of Declarant or the Architectural DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI PLACE SUBDIVISION, Pag@ t3. >:VS~slr/C4Jt4193(~hileri~~r:l~nl'rn)7501-01 ir9ti000917 ~.. ARTICLE V ~ ~.. .. rva~slntxallMy:!(Vale ~lion)7501-Ot 192000913 Control Committee. The Owner of any Lot who dumps such material sh211 be liable for the cleanup and/or removal costs. 2.37 Excavation. No excavation for stone, sand, gravel, aarih or minerals shall be made upon a Lot unless such excavation is necessary for the construction of improved structure thereon. ARTICLE Ili ARCHITECTURAL CONTROL COMMITTEE 3.1 Architectural Control Commttige..The architectural control of tl~e Lots and Common Area within the Properly shall be mane ed by the Architectural Control Committee, which shall consist of no less than three (3} persons and no more than five (5) persons as the Board of Directors of the Association may determine. The Committee decisions may be made by a majority of its memtars. The initial Architectural Control Committee shall be comprised of Vicki Welker, Jack Gibson and James Igel, w'no shall serve until the last Lot in the Protect or in any annexed Property, is sold ar~d the plans for such improvements thereon havo been approved by the Committee. Thereafter, the Architectural Control Committee shall be appointed by the Board of Directors of the Association who may appoint one or more of its members to serve on the Architectural Control Committee and whose members shall in all events be owners of the Lots in the Project. The committee shall act as an Architectural Control Committee and shall, prior to any new construction in said subdivision, be tumished with one 'set of detailed plans and specifications of any proposed building to be located on said Property and ahall tie allowed fifteen (15) days to review said plans, drawings and specifications. If said Committee shall approve the proposed building, or any modification or alteration thereof, they shall so indicate by the dating and signing of the set of plans by two members of the Committee, and their approval shall be construed as full compliance with these Covenants and any supplemental architectural guidelines of the original Covenants. Said Committee shall have the sole discretion to determine ' what shall be substantial compliance with said Covenants. No building shall occupy any . portion of said Property without prior consent of said Committee. A Committee member r~~ay participate in the Committee's decision regarding hts own improvements on his own plans and specifications. Notwithstanding any other provision to the contrary in this Declaration, a majority of said Committee is empowered to act for the Committee. In the event any member of the Committee is unable to act or fails or~desires not to act, the remaining Committee members shall appoint an Owner of a Lot in said Subdivision to serve on said Committee, all of whom serve without compensation. Neither the Committee, its members nor Grantor shall incur any liability for any omission or act by any of the above-named parties under this Article 3 or in the enforcement of this Declaration. 3.2 Architectural Control Buildina Guidelines. The Architectural Control Ccmmittee may, and is hereby empowered, to promulgate rules and regulations in conformance with this Declaration, which shall further detail the substance of all DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI PLACE SUBDIVISION, Page 9. 'vs/sldo~tnisS(ValeriDeclaralion)75o1-ot 132000318 Rvlaws hilt nnr toes than thr~~ fAl rlir~rtlnrC rlirPClnrs of IhP Assoc:iatinn shill h~ secure utruty sites, ~r atron or drainage facilities, or other G mouse as deemed necessary. All (en ball be of vertical cedar design and constr or as otherwise DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI PLACE SUBDIVISION, Page 5. FVS/sir/O6/14/93(ValeriDeclaral'ion)7501-01 1~=~200091~ ,.~~~K,A; architectural control requicetnentsrappllcable~to.the Protect and improvements to be --~~• ~, ~-~ ~..: ~- constructed thereon and may also promulgate procedural rules and regulations concerning submission of plans to tl~e Committee. Such rules and regulations shall have the same force and effect as this Declaration and may be enforced by the Declarant or the Association in the same manner as this Declaration may be enforced, L~y~ whether or not such rules and regulations are recorded. 3.3 Architectural Control. No improvements which will be visible above the ground or which will ultimately affect the visibility of any above ground improvement shall be built, erected, placed or materially altered, including without limitation, change of exterior colors or materials, on the Propert~• unless and until the building plans, specifications and plat plan have been reviewed in advance by the Architectural Control Committee and the same have been approved by the Committee. The review and approval or disapproval may be based upon the following factors: design and style elements, mass and form, topography, setbacks, exterior color and materials, physical or artistic conformity to the terrain and the other improvements on the Property which the Committee, in their reasonable discretion, deems relevant. Said requirements as to the approval o.' the architectural design shall apply only io the exterior appearance of the improvements. The Committee may also consider whether the proposed structure and design shall be in harmony with the surroundings, the effect of the building or other structure or alterations therein as planned when viewed from the adjacent or neighboring property effect or impairment than said structure will have on the view of surrounding building sites, and any and all other factors which, In the Committee's opinion, shall affect the desirability of such proposed structure, Improvements or alterations. Actual construction shall comply substantially with the plans and specifications as approved. This Declaration is not intended to serve as authority for the Committee to control the interior layout of design of buildings except to the extent incidentally necessitated by use and size requirements. 3.4 Review of Proposed Construction. The Committee shall consider and act upon any and all proposals which shall be submitted In writing and contain plans and specifications submitted to it for its approval pursuant to this Declaration and in addition. shall have the right to inspect the construction of the improvements in progress' to ensure their conformance with the plans approved by the Committee. The Committee shall have the power to determ'~e and make, provide for and adopt rules to determine which types of improvements and whether such improvements satisfy the requirements imposed by this Declaration and are in harmony with the purpose of this Declaration. The Committee shall approve proposals submitted for its approval only if it determines that the constriction, alterations or additions contemplated thereby and the locations indicated will not be detrimental to the appearance of any structure and the Property in general, and will be In harmony with the Property and surrounding structures. 3.4.1 Conditions on,~ rova . The Committee may condition its appproval upon such changes therein as rt deems appropriate and may require submtssion"of additional plans and specifications or other information before approving or disapproving any proposal submitted. 3.4.2 Detail of Plans. The CommiCee may in its sole discretion determine the level and nature of detail of plans and specifications submitted for DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI FLACE SUBDIVISION, Page 10. FVS/sid~(i.X14/93(ValeriDeclaration)7501-Ot ~ner of debris ~~ be placed or allowed to remain on t. ~opeily except Irasti kept and DECLARATION OF COVENANTS, CONDITIONS ANO RESTRICTIONS FOR VALERI ALERT PLACE SUBDIVISION, Page G. FVSlslr/OG/t4/93(Valcri0cclaralion)7501-01 )1-01 . 1:~ X32000315 UGUJlE~ . its review as it deems proper, including without limitation, landscape plans, drainage plans, elevation d rawings and descriptions or samples of exterior alian~e ;mental ~ matorial colors. Until receippt by the Committee of any required Qlans, specifications and additional information, the Committee may postpone revrew of lent of any plans submitted for approval. natural except 3.4.3 ~ommlttee De~j-~,~. Decisions of the Committee and the Secllon reasons therefor shall ba transmitted by rho Committee to the applicant al the at least address set forth in the application for approval within iilteen (15) days after the ~n in the filing of all materials required by the Committee. The complete application, tad, no including any additional malenals and detailad plans requested by the ll be deemed approved unless written disapproval or requests (or itt h C ~laration ee, s a omm additional information shall have been mailed by the Commrriee or any member nce was 1e terms thereol to the Applicant within iilteen (15) d3 s after the date ot~ filing of said purpose materials with the Committee. Such fifteen (15~ day period shall only commence when the Committee has : cknowledged in wrrtrng rho acceptance of such t ~ by the with all o run application as complete. ~ but not • the City 3.4.4 Commit eo O Tice and A~dres5. The Committee's agent for and additional material shall be Vicki Welker. l f i i ans p on o ss purposes of subm All plans and material shall be submitted to her at the following address: P.O. Box 888, 2057 West Monaco, Meridian, Idaho 83680 or through Valeri Place Project Sales Managers. getjnas of the Committee. The Committee shall meet Iron time to 5 M 3 . ~ L ggs . . time as is necessary to perform its duties hereunder. The vote of any two members of _ :laps and the Committee, or the wrrlten consent of any two members of the Committee taken property without a meeting, shall constitute an cct of the Committee. :ld on the -poses of 3.6 ~o Waiver of Frrtur pproval .The approval of th9 Committee of any and the proposals for any work done cr proposed, or in connection wild anyy other matter be deemed to ll t h i purposes a no . ttee, s requrred in the approval and consent of the Comm te a waiver of any right to withhold approval or consent as to any similar tit ween the damage u cons proposal subsequently or additionally submitteJ for ap; royal or consent by that or any other appl'~ant. right-of-- 3.7 ns~ction of Work. At any time dur.. q construction or after completion i irrigatiun of construction, the Committee or any member thereol may inspect the work and should. the Committee determine that the work c,r improvements are not being made in ~^nformance with the plans and sfecifications subn::lted to and approved t,y the 3tion and • recorded Committee, may notify the applicant and demanu that such Improvements bo constructed or reconstructed In accordance with the sul,rnitted plans and ~pecilications. placed or Should the applicant, the Owrer or the applicant's or Owner's contractor fail to construct .3tion and or reconstruct the improvements in accordance with the plays and specifications ritten notice of noncompliance by the Colmmittera, ft d channels drainage er w ays a submitted within five (5) the Committee may seek any judicial comedy at law or In equity. including a :landatc TPl1rC in rt ~ or affirmative injunction to requue compliance with such plans and specifications, or this for those Declaration, and shall additionally bo entitled to recover Us rea:;onable al~orneys tees and costs. DECLARATION OF COVENAt ITS, CONDITIONS AND RESTRICTIONS t=OR `lALERI R VALERI PLACE SUBDIVISION, Page 11. Fvs/str/os/to/93(Vnlerit)ectararion)';sot-ot ~n)7501-01 r - ........~ie~ss•'~? 2.2f3.3 ~ ~e ApplicanVOwner of the Subdivisions ind hereby does vest in Meridie. , y the right and pawe~ to bring all actions a st the Owner of DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI PLACE SUBDIVISION, Page 7. FVSlslr/oc~tA/93(Vc+leriDcclnralion)7501-01 1~J:~ UGU31fi 3.8 Variances. The Committee may authorize variances from compliance with any of the architectural provisions of this Declaration or any supplerrrental declaration, including restrictions upon height, size, floor area or placement of structures, or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic cr environmental considerations may require, except that no variance shall be allcwed for the n-~inlmum square tootages set forth in Section 2.6 hereof. Such variances must be evidenced in carding, must be signed b~/ at least two (2) members of the Committee, and shall become ettectlve upon recordation in the Office of tl~e County Recorder of Ada County. If such variances are granted, no violation of the restrictions contained in this Declaration or an supplemental declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration or of any supplemental declaration for any purpose except as to the particular Property and particular provision hereol covered by the variance, nor shall d affect In any way the Owners obligation to comply with all governmental laws and regulations affecting his use of the premises, including but not limited to zoning ordinances and Lot setback lines or requirements imposed by the City of Meridian or any governmental authority. ARTICLE IV EASEMENTS 4.1 i"aintenance and Use Easement Between Walls and Prooerty Llrlgs. Whenever the wall of a structure or a fence constructed on a Lot under plans and specifications approved by the Committee is located within three (3) feet of the property line ofi such Lot, th ~ Owner of such Lot is hereby granted an easement over and on the adjoining Lot (not to exceed three (3) feet from the property line) for purposes of maintairnr+g and repairing such wall or fences and eaves or other overhangs, and the Owner of such adjoining Lot is hereby granted an easement for landsc~,.°ng purposes (not including permanent structures) over and on the area, if any, I~~ing between the Property line and such structure or fence so long as such use does not cause damage to structure or fence. 4.2 Fiigl~t-of-Way Easements. All Lot lines common to a public right-of-- way line shall have a ten (iG) toot wide permanent public utilities, drainage and irrigation easement. 4.3 tether Maintenance Easements. Easements for lnstallatio:i and maintenance of utilities and drainage facilities are reserved as shown on the,.recorded pint. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or Interfere. with the installation and maintenance of utilities, o~ which may change the direction of Ilow of drainage channels in tine easements, or which may obstruct or retard the flow of water through drainage charnels in the easements. The easement area of each Lot and all improveme~r~ in rt shat) be maintained continuously by the Owner of the Lot, except for tt~oso improvements for '~ihich a public authority or utility company is responsible. DECLARATION OF COVEIvAN'fS, CONDITIONS AND RESTRICTIONS FOR VALERI PLACE SUBDIVISIONJ, Page 12. FVS'sir/e"t~J93(ValeriDecl.:ration)75ot-01 •wninNiuvcu wc, wunuut uiN.~c wfl[ten b.ppfoVai Or UeClarant,of lh ~itectufal DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI PLACE SUBDIVISION, Page 8. FVS/sldoG/14/93(VaieriOeclaration))501-Ot 1.x92000317 Q,RTICLE V HOMEOWNERS ASSOCIATION 5.1 The Organization. The Association is a non-profit membership corporation organized under the laws of the state of Idaho and formed for the sppecific purposes of maintaining, managing and prEServing the Common Area, providing for the architectural control of the Lots and Common Aroa, and promoting the healli~, safety and welfare of the residents of the Property. The Association shall have ail the powers and duties granted to or imposed upon it by this Declaration, the Articles of Incorporation and the Bylaws. 5.2 Membership. Every person or entity who is a record Owner (including contract sellers) o(a fee or undivided tee Interest in any such Lot shall, by virtue of such ownership, be a Member of the Association. When more than one person holds such interest in any such Lot, all such persons sh~.li be Members. The foregoing is not intended to include. persons or entities who hold an interest rrrerely as security for the performance of an obligation. Membership shall be appurtenant to and may net be separated from ownership of any such Lot subject to assessment by the Association. Such ownership shall be the sole qualification for membership, and shall automatically commence upon a person becoming such owner, and shall autom~ ticaily terminals and lapse when such ownership in said Property shall terminate or be transferred. The Association shall maintain a membe~rsh(p list and may regt:irs wr:!ten proof 'of any Member's Lot ownership interest. 5.3 Votinq_Riq ts. The Association shall have .two classes of voting membership: 5.3.1 Class A. Class A Members shall be ail Owners, with the exception of the Declarant, and shall be entitled to cne vota for each Lot owned. When more than one person holds an interest in any Lot. all st:ch persons shall. be Members. The vote for such Lot shall be exercised as they determine, but in no event shall snore than one vote be cast with respect to any Lot. 5.3.2 Class B. Tha Class D Member(s) shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. Tt:~3 Cisss B membership shall cease and be converted to Class A membership on the happening of ~.~ther of the following events, whichever occurs first: (i) When the total votes outstanding in the Class A membership equals the total votes outstanding (n the Class B memhership; or (ii) At such time as the last Lot in the Project or if any Property is annexed pursuant to Article VIII, the last Lo! in any annexed lands, are sold by Oecl~rant. 5.4 Board of Directors. 5.4.1 dumber of 0lrectors. The affairs of the Association will be managed by a Board consisting of the number of directors determined by the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI PLACE SUBDIVISION. Page 13. F~~S/sId06/14/93(V~ileriDeclarati~n)7501-01 • • DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI PLACE SUBDIVISION, Page 9. rVS/slr/06114/33(ValeriDeclaraCbn)7501-Ot 132000318 Bylaws, but not less than three (3) directors. Directors of the Association shall be nominated, elected and removed and vacancies on the Board of Directors shall be filled in the manner provided by this Declaration and the Bylaws. 5.4.2. Initial Board. The names and addresses of the members of the initial Board of Directors who shall hold office until their successors are elected and have qualified, or until removed, are as follows: Vicki Welker P.O. Box 888 Ivteridian, Idaho 83680 ..~•~ Jack Gibson ~ 1602 West Hays Boiso, Idaho 83702 James Igel 1602 West Hays Boiso, Idaho 83702 5.6 General Powers, Duties apd Authorities of the Ass c ti The Association shall gave all of the powers set forth in the Articles, •togather with the general power to do any and all things that a corporation organized under the laws of the state of Idaho may lawfully do in operating for the benefits of its members, subject only to the limitat!ons upon the exercise of such powers as are expressly set forth in the Articles, the Bylaws and this Declaration. The Association shall have the power to do any and all lawful thjngs which may be authorized, required or permitted to be done by the Association under and by virtue of this Oeclaration and to do and perform any and all acts which may be necessary or proper for or incidental to the bxercise of any of the express powers of the Association or for the peace, health, comfort, safet~ :and/or general welfare of the Ovmers and guests of the Owners. The Associat on may delegate an ;,f its power to such commi:iees, officers or employees thereof as a majority of the Board may deem appropriate. Without I~miting the generality of the foregoing paragraph, the Association, for the benefit of the Property and all Lot Owners, shall have the power, obligation and duty to enforce the provisions of this Declaration and shall obtain and pay for out of the maintenance fund all Assessments of the Property, as that torm is defined and used In Article VI of this Declaration. 5.7 Ca tat rovements. The Association may purchase or construct capital improvements in t e Common Area and assess the Owners for the costs thereof, provided that if the cost of any such capital improvement shall be in excess of live percent (5%) of the budgeted gross expenses for the current fiscal yE•ar, the authorization for such purchase must be by the affirmative vote of at least two-thirds (2/3) of the Voting Owners. including Declarant, voting (n person or by proxy at a meeting dul;~ called for said purpose. 5.8 Project Rules. 5.8.1 The Board may, from time to time, and subject to the provisions of this Declaration, make and amend reasonable Rules concerning the Property. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI PLACE SUBDIVISION, Page 14: FVS/sir/OG/14/93(ValeriDeclar:~Can)7501-01 y~LUUU320 ~ ' ~ ~ . 1i3ti00031J caner or 5.8.2 With respect to Section 5.8.1 above, the Rules may, without limitation and to the extent deemed necessary by the Board to preserve the may be benetits of the Property for all Lot Owners, and their families, invitees, licensees. tenants and guests, restrict and/or govam the use of the Common Aria by any ociation, guest, by any Owner, or by the family of such Owner, provided, however, that with respect to use of the Common Area, the Rules may not discriminate betwe be liable d repair, en Owners and the families and lessees of Owners. d by the 5.8.3 A copy of the Rules shall be furnished to each Lot Owner and each Lot Owner, his (amity, guests, employees, invitees, licensees or tenants shall comply with such Rules. i occurs 1h (1/34) 5.9 Enforcement. The Board shall have the power, obligation and duly to enforce the provisions of this Declaration, the Bylaws and the Rules. .n the event of a Member breach of any of the restrictions contained in th-s Declaration or of any Rule: byy a Lot common Owner, his family, guests, employees, invitees, licensees or tenants, the Board, for and on behalf of all other Lot Owners, may enforce the obligations of each Owner to obey to every such Rules or restrictions in any manner provided by law or in equity including, b::t rot limited to, commencing appropriate le al action s di h O ' g , uspen ng t e wner s right to use the Common Area and facilities of the Property or suspending ilia Owners voting rights ;n~ rights ~at-on, for , provided however, such suspension may not be for a period in excess of thirty (30) days after notice and hearing as herein provided, (or an infraction of such Rules. In addition remains :ion of its to the other remedies herein set forth, the Board, by majority vole, may levy a tine against such Owner, after appropriate notice and hearing as herein provided, in an amount not to exceed One Nundred Dollars ($100.00) for each such violation and the •,y part of payment of such fine may be enlorced in the seine manner as set forth in Article VI h ereof. Prior to imposing any penalty provided herein (or breach of any Rules enacted purposes No such hereunder or restrictions contained in this Declaration, the Board shall send written Members notice to the Lot Owner specifying the nature of 'he infraction and provide an opportunity to the Lot Owner to a hearing before the Board regarding such infraction rship has to such and tt~e penalty to be imposed. In the event that the Board determines that said infraction h e sent io as occurred and that a penalty shall be imposed, after a reasonable opportunity for a hearing has been provided the determination of the Board shall be lays prior , final. Notwithstanding anything to the contrary herein contained neither the Board nor , the Association of members shall have the power to cause a forfeiture or abridgement of -omul~ate an Owners right to the full use and enjoyment of his Lot, including his right of ingress and egress to his Lot on account of such Owner's failure to comply with tl~e provisions a to time, as b the of this Declaration or of the Bylaws or any rules adopted by the Board relating to the o e ti f y p ra on o the Property, except as the result o(a judgment o(a court or a decision rivacy or ~asonable arising out of arbitration or on account of a foreclosure or under the power of sale herein granted for failure of tf~e O t wner o pay the assessments levied pursuant to the provisions hereof. In tl~e event legal action is instituted by the Board pursuant to this with tl~e paragraph, any judgment rendered in any such action shall include costs of collection, is right or court costs, and reasonable attorneys tees. s tenants, 5.10 Books and Records. The books, records, papers and current financial statement of the Association shall be at al times, during reasonable business hours, be subject to inspection by any Lot Owner, his duly appointed representative, and any prospective purchaser of a Lot. The Declaration, Articles of Incorporation, Bylaws and DECLARATION OF COVENANTS, CONDITIONS AND Rf_S1~RICTIONS FOR VALERI i VALERI PLACE SUBDIVISION, P~~ge 15. FVS/slr/OCYi•U93~V:drriDrcLu,~~ion};sut•~ot ~,1~e~ct-ot .;n, the G.10.1 All properties expressly dedicatcnl to aril accepted by a local of any public autliorily; Sts . nd G.10.2 Any Commor~ Areas; . and/or G.10.3 Property owned by the Declarant prior to the lime a ciw~rlling unit is i,,. ,i. , .-,.,,.~~...,.,,.,~ .~ ... ...... ....~ ,... ,..., , ~ ~ .. .. ., .. ~ i~ Zooo3zo Rules for the Project shall also be available for inspection by any Lot Owner or prospective purchaser at the Association's principal ollice :ch~;e copies may be purchased at a reasonable cost. 5.11 Limitation Uaon Llabtl[ty of Association. The Association, notwithstanding its duty to maintain and repair parts of the Property, shall not be liable to Lot Owners for injury or damage, other than the cost of maintenance and repair, caused by any latent condition of the Property to be repaired and maintained by the Association or caused by the elements or other Owners or persons. 5.12 Common Pror~erty Ow e . Iii. Until and it any annexation occurs Pursuant to Article VIII, each Member shall own an undivided one-thirty-fourth (1/34) interest in the Common Area. 5.13 Members' Easements of Enloymer~t to Common Area. Every Member of the Association shall havo a right and easement of enjoyment in and to itre Common Area and such easement si~ali be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: 5.13.1 The right of the Association to suspend any Member's voting rights and/or right to use any of the recreational iacililies owned by the Association, for any period during which any assassment against said Member's Lot remains unpaid, and for a period not to exceed sixty (60) days for each infraction of its published rules and regulations; 5.13.2 The right of the Association to dedicate or transfer all or any part of the Common Areas to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Membars. No such condition or transfer shall be effective unless an instrument signed by t`4embers entitled io cast two-thirds of the majority of the votes of the rnembership has been recorded in the appropriate county dead records, agreeing to such dedication or transfer, and unless written notica of proposed actions are sent to every Member not less than ti~irty (30) days nor mora than ninety (90) days prior to such dedication or transfer; and 5.13.3 The right of the Directors of the Association to promulgate reasonable rules and regulations governing such rights of use, Irom time to t-me, in the interest of securing maximum safe usage of such Common Areas by the Members of the Association without unduly infringing upon tine privacy or enjoyment of the Owner or occupant of any part of said Property, and reasonable regulations and restrictions regarding parking. 5.14 Delegation of Use. Any Member may delegate, in accordance with tl~e Rules and Regulations or Bylaws adopted from time to time by the Directors, his right or enjoyment to the Common Areas and facilities to tho Mo~mbers of his lainily, his tenants, or contract purchasers, provi: ing they reside on the Property. DECLARATION OF COVENANTS, CONDITIONS AND RESTRrCTIONS FOfZ VALERI PLACE SUBDIVISION, Page 1G. HIS/str;~;Itaa:t\':~lonD«-.rrat~,•nlf:~•: t-or liU: UUUJti i liabilities incurred by the Association under or by mason of this D~~:!::t.~n. tlt.~ payment of any deficit remaining Irom a previous period, and tl~e crr:tti~tl of any reasonable contingency or oilier reserve or surplus fund, as wall as all cogs . r:d expenses relating to the Common Area and improvements. ooszz ~ ` isszoooszi 3 the ARTICLE VI may MAINTENANCE ASSESSMENT AND MORTGAGEE RIGHTS ~bers 3• 6.1 Creation of the Llon and Personal Obligation of Assessments. The Declarant hereby covenants or all of said Property; and each Owner of any Lot by ,count ratification of these Covenants or by acceptance of a deed or contract of purchase . therefor, whether or not it shall be so expressed in any such deed or other conveyance . or agreement for conveyance, is deemed to covenant and agree to pay to the ~, the Association: ble to •f any 6.1.1 Regular monlhiy or other regular periodic assessments or charges, :ribed and lures (~3) 6.1.2 Special assessments for caaftal Improvements, such assessments ing in to tie fixed, established, and collected from time to time as hereinafter provided. i The regular and special assessments, together with such interest thereon and any ed on cost of collection thereof, as hereinafter provided, shall be a charge on the land and shall he a continuing lien upon the Property against which such assessment is made ,t that . Each such assessment, together with such interest, costs and reasonable attorneys' ~y the tees, shall also be the personal obligation of the person who was the Owner of such of the ay for Property at the time such assessment was levied. The obligation shall remain a lien on the Property until paid or foreclosed, but shall not be a personal obligation of successors in title unless expressly assumed by them. initial 6.2 Purpose of Assessments. The assessments levied by the Association `o the shall not be used for any purpose other than promoting the recreation, health, safety boxes and welfare of the residents in said Property and (n particular for the improvement and initial maintenance of said Property, any Common Area, the maintenance and operation of house wells, pipes and pum s to irrigate the Common Area and Lots, all improvements constructed thereon, fencing along the exterior of the Project), the services and facilities devoted to this purpose and related to the use and enioyment of the Common n 6.3. Area, and including without being limited thereto, the payment of taxes and insurance orized on all or any part of said Property. including insurance on the Common Area. Subject to fan 60 the above provision, the Association shall determine the use of assessment proceeds. eeting of all 6.3 Basis and Maximum-Annual-Assessments: Until January 1 of the year quired immediately followin ,the conveyance of the first dwelling unit or Lot to any Owner. the notice maximum regular assessment shall be Thirty-Five Dollars ($35.00) per month lawful e-half money of the itod States-of-America,_iot~':each--Lotas~biect thereto, or such lesser eating sum~ma~i ~ie provided in the Bylaws: ~--------- _ ~/' 6.3.1 From and after January 1 of the year immediately following the =xcept conveyance of the tirst Lot to an Owner, the maximum annual assessment may j been be increased eactr year not more than 10% above the maximum assessment for herein the previous year without a vote of the membership. t. The :y (30) dates • and at ~ DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FORS VALERI ALERT ?LACE SUBDIVISION, Page 17. Fvs/sIr/OB/to/93(VateriDeclaration)7.5ot-ot i01-01 2000J27 acting by against items of t~ of the 1~U2Qt)032G attributable to such polity for any reason and the existence of such a blanket policy is declared to be in the .mutual interests of all owners and the Declarant, except upon the approval of two-thirds (?J3) of the votes of each class of (:Aembers who are voting in person or by proxy at a meeting duly called for this purpose. hitif• 23 1532000322 6.3.2 From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, th9 maximum annual assessment may be Increased abova 10% by a vote of two -thirds (2/3) of each class of Members who are voting in person or by proxy, at a meeting duly called for this purpose. 6.3.3 The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. ' 6.3.4 in addition to the regular assessments authorized above, the Association may levy in any assessment Year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Comrron Areas, including the necessary fixtures and perscnal property related thereto, provided the assent of atwo-thirds (2J3) majority of the complete votes represented byy those Members who are voting in person or by proxy at the meeting duly c~iiod for this purpose is obtained. 6.4 Uniform Rate of Assessmen~. Both regular assessments and any special assessment must be fixed at a uniform rate for all Lots, and may be collected on an annual, quarterlyy, or monthly basis in the discretion of the Directors; 3xcept that assessments may be levied applicable to some Lots only, with prior consent by the Owners of such Lots, if such procedure is considered equitable in the discretion of the Board in order to construct facilities to be available to the Members desiring to pay for the cost thereof. 6.5 Speclai Initial Assessment. Each Lot Owner shat! pay a one time initial assessment fee of $500.00 which shall be paid to the Developer and not to the Association, for reimbursement to the Developer for installation of uniform mailboxes and decorative lights within the project and Common Area improvements. This initial assessment shall be pa(d to the Developer upon the closing of the sale of each house by the Developer. 6.6 t ce end Quorum for any Action Authorized Under Sectlo~ 6.3. Written notice of any meeting called for the purpose of iak(ng any action authorized under Section 6.3 shall be sent to all Members not less than 30 days nor more than 60 days in advance of the meeting unless waived in writing. At the fir.M such meeting called, the presence of Members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to tho same notice requirement, and the required quorum at the subsequent meeting shell be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. 6.7 Date of Commencement of Annual Assessments: Due [tales. Except as provided in paragraph 6.9 of this Article VI, all Lots upon which buildings have been constructed shall be subject to the annual or monthly assessments provided for herein on the first day of the month following issuance of an occupancy permit for that Lot. The ,Board of Directors shall fix the amount of the regular assessment at least thirty (30) days in advance of each assessment.period. Wrdten notice of the assessment dates shall be established by the Board of Directors. The Association shall, upon demand at DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI ' PLACE SUBDIVISION, Page 18. FVS/sir/os/t~.~ss(ValeriDeclaration)75ot-o1 ' ~~~ _ ,9 1, ozooo3z~ coverage within each individual Unit and for activities of the Owner, not acting by the Association, with respect to the Common Area, insurance coverage against loss from theft on all personal property and insurance coverage on items of personal property placed in the Unrt by Owner, shall be the .responsibility of the respective Owners. , C' J 1 X92000323 any reasonable time, furnish a certificate to writing signed by an officer of the Association setting forth vrhether the assessments on a particular Lot have boon paid. A reasonable charge may be made by the Board for the issuance of these certificates. A properly ex~acuted certificate of the Association as to the status of assessments is binding upon the Association as of the date of its issuance. 6.8 Effect of Non~Yment or Hss~S~~~~~~~~~. ~+'1- ••• Any assessments which are not paid when due shall be delinquent. If the assessments are not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) er annum. The Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the Property. The Secretary of ttie said Association shall file in the office of the G~unty Recorder, Ada County, Idaho, a lien reflecting the amount of any such charges or assessments, together with interest, as aforesaid, which have become delinquent with respect io any Lot on said Properly, and upon payment in full thereof, shall execute and file a proper release of the lien releasing tl~e same. The aggregate amount of such assessrnenls, together with interest, costs and expenses and a reasonable attomeys' tee for the tiling and enforcement thereof, shall constitute a lien on the whole Lot (including any improvement located thereon), with respsct to which it is fixed from the date tho lien is filed in the office of said County Recorder for Ada County, Idaho, until the same has been paid or released as herein provided. Such lien may be enforced by said Association in the manner provided bylaw with respect to liens upon real property. The Owner of said Property at the time said assessment is levied shall be personally liable for the expenses, costs and disbursements, including attomeys' tees of the Declarant or of the Association, as the case may be, of processing and it necessary, enforcing such liens, all of which expenses, costs and disbursements and attorneys' fees shall be secured by said lien, including all aforementioned expenses, costs, disbursements and fees on appeal, and such Owner at the time such assessment is levied, shall also be liable for any deficiency remaining unpaid after any foreclosure sale. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Areas or abandonment of his dwelling Unit, Lot or building site. 6.9 ~Qidinatlon of the Lien and Mortaaggs. The lien of the assessments provided for herein shall be interior, junior and subordinate to the lien of all first mortgages and trust deeds now or hereafter placod upon said Property or any part thereof. The sale or transfer of any Lot or any other part of said Property shall not affect the assessment lien. However, the sale or Transfer of any Lot which is subject to any mortgage, pursuant to a judgmei:t or decree of foreclosure thereof. shall extingguish the lien of such assessments as to amounts thereof which became due prior to su.h sale or transfer, and such lien shall attach to the net proceeds of sale, if any, remaining after such mortgages and other prior liens and charges have been satisfied. No gate or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. 6.10 Exempt Property. The following Property subject to this Declaration shall be exempt from the assessments created herein: DECLARATIGN OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI PLACE SU[301VISION, Page 19. FvS/sir/o~/t4/a3(Valeri~eclaration)7501-01 1592000328 8.2 Qrocedure for Annexatlo~,,. Any contiguous real property may be annexed into the project by the recordation of a notice of annexation executed by Declarant and containing the following information: ~~~1n Ihn ~'+~^ • .....~...,....,......../llwl~i~ur•ur ._. _. ~UUU~3~,5 li3^.000J~•~ 6.10.1 All properties expressly dedicated to and accepted by .a local ;n, ilia of any public authority; :ts and 6.10.2 Any Common Areas; andror 6.10.3 Properly owned by the Declarant prior to the time a dwelling unit is - constructed thereon and occupied by a person other than Declarant, but in all : by the pled for events such exemption shall expire on January 1. 1996. However, no land or . :on wish irltprovements occupied for dwelling use shall be exempt from said assessments. r such further G.11 Notice to Mortgagee The Association shall give to the mortgagee of , 1-thirds any recorded mortgage, which teas furnished to the Association its name and current written notrtication of any default by the mortgagor of performance with respect address :ng duly ass than , to such mortgagor's obiigatinns under this Declaration, E3ylaws of ltio Association or any Lived in duly adopted rules or rec~ulalions of the Association al least ten (10) days prior to the tiling of suit by the Association to enforce those remedies with respect to such default. 6.12 Morlg~g~g's Anprov,~(. The Association shall not undertake or cause to be undertaken tt~e following acts •.vilhout the prior written consent of seventy-five percent (75%) of the first mortgaggees (based upon one veto for each mortgagee), ~! ees: a t h i f mor g g suc ty o such acts would materially lessen t{ie secur nainlain 6.12.1 Abandon, Partition, subdivide, encumber, sell or Iranster real estate or improvements thereon which are owned, directly or indirectly by tlia iiled to, Association, except Il~at the granting of easements for public utilities or for other anri in nin the public purposes consistent with tl~e intendeJ use of such Property by the Association shall be permitted; ntaining 6.12.2 Change the method of •determining tl~e obligations, assessments, dues or other charges which maybe levied against an Owner; Let and 6.1?_.3 Change, waive or abandon any scheme or regulations or ull force enlcrcernent thereof, pertainirirj to arct;ilectural design, appearance or -~a onl maintenance of structures or improvements located on the Properties; and X, s of this G.12.•1 Use hazard insurance proceeds for losses to any Common Area i improvements for other. than the repair, replacement or reconstruction of such equire d • deem improvements. G.13 Asso cation Budaet. Tl~e Association shall prepare an annual budget which shall indicate anticipated rnanagetnent, operating, maintenance, repair and other common expenses for the Association's next irscal year and which shall be sutticient to insured pay all estimated expenses and outlays of the Association for the next calendar year ~cluding growing out of ur in connection with the maintenance and operation of the Common ~ by the Area and improvements and may include, among other things, the cost of maintenance. named with the management, taxes, assessments, irrigation assessments, special assessmer Its, tiro, casualty and public liability insurance, common lighting, irrigation, landscaping and carQ •ct such th good of grounds, repairs, renovations and., paintings to Common Areas, snow removal, d water charges, legal and accounting tees, management tees, expenses an wages ssments , JALERI DECLARATION OF COVENANT'S, CONDITIONS ANO RESTRICTIONS FOR VALERI ~sor-ot PLACE SUCIDIVISION, Page 20. Fvsrztdocrini~:atvrltc:~o~r;Irlri~,ntz~lor•-~~t ~UUU330 :;,n and two-thirds of the Lots excluding the Common Area, by an instrument or instruments in writing. duly signed and acknowledfled by them, shall then terminate cr amend said nrln../:..., .. , ...1. / .n . nr In~l,irlin•~.- ~'. .. rl. Inrmin-Minn nr nnnnnilm nn/ ~1... 11 1-..n..•nn • -- -~/ • • ~ 1i3^UUU3~,5 ~OUO3~.O '. anket liabilities incurred by the Association under or by reason of this Declaration, 111e grant, payment of any deficit remaining from a previous period. and the creation of any ss of reasonable contingency or other reserve or surplus lund, as well as all costs and ~r this expenses relating to the Common Area and irnprovemenls. 6.14 Repatr. Etci It any of the Property located in the Common Area andror 'fhe improvements located upon other Property located within the subdivision owned by the such Association is damaged or destroyed, the Members shall, at a special meeting called for :ciion. chat purpose, determine whether to rebuild, repair, restore or otherwise take action ~viili uries, regard to such damage or destruction. A quorum shall be necessary for any such action decision, in accordance with the provisions of paragraphs 3 and 5 hereof and further, anyy such action shall be approved by the atlirmztive vote of not less than two-thirds (2/3) of the votes of Members who are vo~ing in person or by proxy at such meeting duly i called for this purpose, written notice of which shall be sent to all Members rot Tess than '~Ce• - ten (10) nor more than fifty (50) days in advance of the mreting, unless waivad in .ability writing. ~f the aw for ARTICLE VII such MAINTENANCE AND INSURANCE :gairst :unties 7.1 Maintenance of Common Areas. Etc. The Association shall maintain or provide for the maintenance of the Common Areas, including but not limited to, other sanitary sewer, water lines and drainage facilities within the Common Areas, and in addition, the drainage facilities and lines upon Lots privately owned within the sect to subdivision. -on. 7.2 Lot Maintenance. Each Owner shat! be fully responsible for maintaining forms and keeping in good order and repair the ealerior and intarror of his own entire lot and Owner improvements. xovide oect to 7.3 Wipes of Insurance. The Associaticn shad obtain and keep in lull force Fission, and effect at all times, the following insurance coverage on the Common Area only, 3yment mils or provided by companies duly authorized to do business in Idaho. The provisions of this Article shall not be construed to limit the power or authority of the Association t~ obtain after a and maintain insurance coverage, in addition to any insurance coverage required gate or hereuncrer, in such amounts and in such terms as the Association may deem nat the appropriate from time to time. .' ars not :d shall 7.3.1 Casualtk Insurance. Any improvement constructed on the Common Area may, at the discretion of Directors of the Association, be insured for the full replacement thereof in the event of damage or destruction, including con the fire and extended coverage, which policy or policies shall be purchased by the -or acts Association and show the Association, the Owners and mortgagees as named :ership, insureds as their interest may appear. The Association may comply with the above requirements by. the purchase of blanket coveraga and may elect such 'deductible' provisions as in the Association's opinion are consistent with good average business practice. No individual Owner shall be excused from assessments .urance _ DECLARATION OF COVENANTS, CONDITIONS AN() RESTRICTIONS FOR VALERI •ALERI PLACE SUBDIVISION, Page 21. Fvs/sir/oa/tit/s3(\'alcriDeclararion)75ot-O1 '501-01 1~J2000J.3O :000331 - • . Association and assessments charged by the District will be paid by the Association and added to the expenses assessed to Lols. .-._ ._ • l~szouo3zc~ attributable to such policy for any reason and the existence of such a blanket policy is declared to be In the mutual interests of all owners and the Declarant. except upon the approval of two-thirds (2l3) of the votes of each class of PAembers who are voting in person. or by proxy at a meeting duly calved for this purpose. 7.3.2 public Liability and Property Damage Insurance. 'fhe Association shall Purchase broad form comprehensive (lability coverage in such amounts and in such forms as it deems adv(sable to provido adequate protection. Coverage shall include, without limitation, (lability for the Personal injuries, operation of automobiles on behalf of the Association, and activities in connection with the ownership, operation, maintenance and other use of tt~e Project. 7.3.3 Workmen's ComAensation acid Emr~lover's LiabllNy Insurance. The Association shall purchase workmen's r..ompsnsation and employer's liability insurance and all other similar insurance in respect to employees of the Association in the amounts and In the forms now or hereaher required by law for any employees of the Association.' 7.3.4 Fldeitty Insurance. The Association shall purchase in such amounts and in such Corms as it shall deem appropriate, coverage against dishonesty of employees, destruction or disappearance of money or securities and forgery. 7.3.5 Other, life Association may obtain insurance against such other risks, of a similar or dissimilar nature as it shall deem appropriate with respect to the Project, including any personal property of the Association located thereon.. 7.3.6 ~prm. Casualty insurance shall be carried in a form or forms naming the Association the insured. The Association shall furnish to each Owner and to Declarant a true copy of such policy. All policies of insurance shall provide that the insurance thereunder shall be invalidated or suspended only in respect to the interest of any particular Owner guilty of breach of warranty, act, omission, negligence or noncompliance with any provision of such policy, including payment of the insurance premium applicable to that Owner's interest, or who permits or tails to prevent the happening of any event, whether occurring before or after a loss, which under the provisions of such policy would otherwise invalidate or s~ispend the entire policy. All policies of insurance shall provide further that the insurance under any such policy as to tha interest of all other insured Owners not guilty of any such act or omission, shall nct be invalidated or suspended and shall remain In full force and effect. Public liabilityy and property damage insurance shall name the Association the insured, as trustee for the Owners, and shall proter•.t each Owner against liability for acts of the Association, its agents and employes, in connection with the ownership, opera~ion, maintenance or other use of the Project. 7.3.7 Owner's Responsibility. Ail fire and casualty insurance coverage for full replacement of the Unit, and casualty and public liability insurance DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI PLACE SUBDIVISION, Pago 22. FE'S/sir/os114/~J3tVoloiiDeclaral'wn)7501-Ot 10^000331 STATE OF IDAHO ) ss. County of Ada ) 159200002'7 coverage within each individual Unit and for activities of the Owner, not acting by the Association, with respect to the Common Area, Insurance coverage against loss from Ihett on all personal property and insurance coverage on -tems of personal property placed in the Unit by Owner, shall be the responsibility of the respective Owners. 7.3.8 r)~irance Proceeds. The Association shall receive the proceeds of any casualty insurance paymerits received under policies obtained and maintained pursuant to this Article. The Association shall apportion the proceeds to the portions of the proceeds attributable to damage to the Common Area. To the extent that reconstruction is required herein, the proceeds shall be used for such purposes. To the extent that reconstruction is not required herein and there is a determination that any damaged or destroyed Common Area shall not tie rebuilt, the proceeds sham be distributed to the Owners in an amount proportionate to their interest in the Common Area. Each Owner and each mortgagee shall be bound by,the apportionments cf doniage and ~i !ho ins~~ru„c3 proceeds made by the Association pursuar-r hereto. 7.3.9 Owner's Own Insurance. Notwithstanding the provisions of Section 7.3 hereof, each Owner may obtain insurance at his own expense providing coverage upon his Lot, his personal property, for his personal liability, and covering such other risks as he may deem appropriate, but each such policy shall provide that it does not diminish the insurance carrier's coverage for liability arising under insurance policies which the Association obtains pursuant to this Article. All such insurance shall waive` the' insurance' company's right to subrogalior. against the Association, lho other Owners, and the servants, agents and guests of any of them, if such insurance can be obtained in the normal practice without additional premium charge for the waiver of rights of subrogation. ARTICLE VIII ANNEXATION 8.1 Time for Annexation: Land Subject to Annexation. Declarant hereby reserves the right to annex any contiguous real property into the project by recording a Notice of Annexation or Supplemental Declaration particularly describing the real property to be annexed and added to the project created by this Declaration, pursuant to the provisions of this Article Vili. Upon the recording of a Notice of P,nnexation containing the provisions set forth in this Section (which Notice may be contained within a supplemental declaration affecting such property), the covenants, conditions and restrictions contained in this Declaration shall apply to the added land in the same .manner if it were originally covered by this Declaration and ongfinally constituted a portion of the Project; and thereafter the rights, privileges, duties and liabilities of the Owners, lessees and occupants of Lots within the added land shall be the same as in the case of the original land. Any provision of a Supplemental Declaration for which no special amendment procedure is provided shall be subject to amendment in the manner provided in this Declaration. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI PLACE SUBDIVISION, Page 23. FVS/slr/06/1 M93(ValeriDeclaration)7501-0t • DECLARATION OF COVENANTS, CONDITIONSFANSDrI~ 4T9 NaeOlNeclarOwn)75ot-OR11 PLACE SUCiDIVISION, Page 19. 1592000928 8.2 Proce- r Annexation. Any contiguous real property may be annexed into the protect by the recordation ot, a notice of annexation executed by Declarant and containing the ioilowing information: 8.2.1 A reference to this Declaration, which reference shall state the date of recoriai records of Ada County wheretthis declaration is recordedk and page of the ofiic E3.2.2 M exar,; legal description of the added land; 8.2.3 A statement that the provisions of this Declaration shall apply to the added land, as set forth herein; and 8.2.4 A statement of the use restrictions applicable to the annexed property, which rerovided that no Lot in any annexietdrlands shall contain smaller this Declaration, p dwelling units or lesser quality construction or building materials than in t e Project. g 3 M~IDb-~Illt~ in Association. The Owner of each Lot in any annexed lands shall dlv demd tinterestein the Common Areaeof the iProje tnand shall inmurinabe own an un responsible for assessments in the same amounts and subject to the same regulat ons as the Owners of Lots in the Project. RI LEX GENERAL PROVISIONS 9.1 Er arcement. The B~ ordsaideP ope~tynshall have the right to enOtorce by any recorded mortgage upon any p any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imp~ef •oyenforce any covenanit orrestriction Failure by the Assoclation, or by any O T here eyevent isut is brought to enforce the covenantsrcofntainedhherean thetpeevailing In th party shall be entitled to recover a reasonable attorney tee in addition to allowa e costs. 9.2 SeverabilitY. invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provision which shall remain in full force and effect. • • 9.3 Term o_ r~cttons and Amendment. o e'herepsar~~eisnhe etol and a I the land described herein, and shall be binding up successo~~icnttime saiderest~ictio~ns shaPllrbe automatically extendedufor successive 2013, at r ears unless the Owner or Owners of the legal title to no less than periods o. ten (10) y DECLARATION OF COVENANTS, CONDITIONSFA~Dr ~SaiR N ~eODesaraOllon)75ot-oRtl PLACE SUpDIVISiON, Page 24. DECLARATION OF COVENANTS, CONDITIONS~~Df ~S„R~~TIOnNrS`FO!~1~; j;ERt ~.LERI PLACE SU(3DIVISION, Page 20. )1-at 1..' ~~i~.O~iU~ji.~, UUU33U an instrument or instruments In two-thirds of the lots excluding the Common Area, by nand wrilin del si Wad and acknowledged by them, shall then terminate e ~ the ti~nsaot resthgnslrumentcor instr meets toarecordsintlheaolfc a o11he IRecorde Pot Ada Co u ly, going daho. Subers to thenrecordst of tho platsiland traecofd olrthisedeed in wh cihmehese •.rticles page num ire the Restrictive Covenants are set lorth, and all amendments lhereo . 9.4 No Right of Revess~l• Nothing herein contained in This Declaration, or gay be in any loan of deed wl~ici~ may Bart th~~reolD shall beodeemedctosvestaord aeserve~ in hers. selling said Property, or any p Declarant or the Association any right of reversion or re-entry for breach or violation o ~, has any one or more of the provisions hereof. 9.5 Bel bind and pure to the be-i~ of and be enforceable by Declarant, the Declaration sha onion of said Property. and their heirs Association and the Owner or Owners of any p • and assigns, and a an o(o~h`riel P operpty Ownerseorahe ~alegalbrepresenlaitivesr bheirs, Association or by y successors ha~a n r onevent be deemed of waiver of tdhte~ ighi to dots ns or charges herein contained s - g.g Assignment bd Dray be ass g ed tlo rlhet Assoc anon oralo any other Declaration herein co articular ~ corporation or association which is now organized or which may hareatter be organize and which will assume the duties of the Declarant n anu such corporatianoor association rights, powers and reservations assigned; and uNo . Y evidencing its intent of such assignment) Shave the same ra'lghts and powe s and be shall, to the extent subject to the ~ tseofblDeclaranl rY :reundeasreserved oror eatedsshalld be Dheldaand herein. All r1~ onion of said exercised by the Declarant alone, so long as it owns any interest in any p Property. t This subdivision has anon- 9.7 o Pot~t~le a ~u.f_cs~9~t4-~y~~' potable pressuriRzle~ if ~ ae orgrfousadsr`o each lot aee clearl•~ markepd indicr.t ngtnon-potable water system. 9 water. these markers are to be maintained in a clearly visible manner for the hea and safely of the homeowners. g Also protihded is he homeeorwrealhatrthe Irrpation~l'nellsna Wont-pota~letsystem. This cape is to rnlorm t Homeowners are prohibited from connecting their omPStic system into the non-potable pressure lrrigaC~on system. 9.8 S~eciaf Notice ega dL ~.t19 I!7!g do Sessments. iThe Property is loc •'d in the Nampa-Meridian Irrigation District and as and use of dlslrict water assessments. The Declarant has made provisions for de'' •ery on the Property (or irrigation purposes. The water rights have been transferred to the DECl~1RAT10~1 OF COVENANTS, CONDI'TIONS~q~DrR~ESn,TR~iQOp~ a ~w ~~ o~-0R1 VALERI PLACE SUCiDIVISION, Page 25. -07501-01 _.~_~ • • DES DECLARATION OF COVENANTS, CONDITIONS ANn RESTRICTIONS FOR VALERI PU PLACE SUBDIVISION, Page 21. FVS/slr/Of~/IA/93(Vnlcrit)eclaration)7501-Ot 132000330 w~ Association and assessments charged by the Dis!rict will be paid by the Association and re added to the expenses assessed to Lots. su 9.9 Amen____dment• Notwithstanding anything captained in the foregoing id Declaration, ti.e Articles of Incorporation or the Bylaws, any amendment of the Articles R of incorpo t ail least twa-thirds (?J3) of helot Ownershe Common Area shall require the approval o in 9.10 Ann_ exationV~hAthe~consent ottwto-thirds (2/3) of each c ass otrMembers.e S annexed to the Property D a 1N WITNESS WHEREOF, the u--rr~~dersigned, ~ein~g t~~~ X993 nt herein, as hereunto set its hand and seal this ~O~fay of J`-'"--- KASTLE FALLS SUBDIVISION PARTNERSHIP. an Idaho limited partnership a 13 r 1,:~~ (A~~2QZc..~ y Vicki Welker General Partner B Jack Gibsor)/ ~ General P per DECIJ~RATION OF COVENANTS, CONDITIONSFA~DrR~E, aTe3(va erOioeclaraOl~io)7501-OR11 PLACE SUBDIVISION, Page 26. • DECL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI PLACE PLACE SUBDIVISION, Page 22. FVS/sir/O(3/14/93(ValoriDeclarat'wn)7501-01 1uJtiDUU931' STATE OF IDAHO ss. County of Ada ) On this ~D~~day of !~. c2~ , 1993, betore me, the undersigned, a notary public in and for said slate, ersonally appeared VICKI WELKER, known or identified to me to be one of the General Partners of said KASTLE FALLS SUBDIVISION PARTNERSHIP, an Idaho limited partnership. whose name is subscribed to the above and foregoing instrument and acknowledged io me that she executed the same on behalf of said partnership and acknowledged that said partnership executed the same. . ' . IN WITNESS WHEREOF seal the day and year first at~v~lt r~r ~µY~ H ~°~,,,'° `o :~x pv$ti, hereunto set my hand and affixed my official STATB 04 at Boise, Idaho nission Expires: ~' 2 ' ~~ STATE OF IDAHO ) ss. County of Ada ) On this ~?Dy~'day of / ~ 1993, betore me, tho undersigned, a notary public in and for said slat personally appeared JACK GIBBON, known or identified to me to be one of the General Partners of said KASTLE FALLS SUBDIVISION PARTNERSHIP, an Idaho limited partnership, whose name is subscribed to the above and foregoing instrument and acknowledged to me that he executed the same on behalf of said partnership and acknowledged that said partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first aboygltNflnPn• • ~• =~ ~ ~~~ c '• `sTATS O o,' •,,~/ff lff111111~1, siding at Boise, Idaho Commission Expires: 8~• Z -g9 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALERI PLACE SUBDIVISION, Page 27. FVS/sldoG/14/93(ValeriDectaralion)7501-01 Assoc addec Decla of Inc apprc annex here D °SO~Z 91 _ ~ ,. v. V:1 . 1 J .I M..I l1J ~O!$~ iJ FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS & 12~~'>'~N~jl ~~ Z FOR VALERI PLACE SUBDIVISION NO. 1 THIS FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS FOR V aLERI PLACE SUBDIVISION NO. 1 ("First Amendment") is made as of this ~~day of October, 1995. RECITALS: A. Kastle Falls Subdivision Partnership, an Idaho limited partnership, as Declarant, created and established the Declaration of Covenants, Conditions & Restrictions for Valeri Place Subdivision No. 1 dated August 20, 1993, and recorded August 23, 1993, as Instrument No. 9368787, records of Ada County, Idaho (the "Declaration") covering the property described as: The Plat of Valeri Place No. 1, recorded as Instrument No. 9358712 in Book 63 of Plats at pages 6307 through 6308, records of Ada County, Idaho T B. James Huarte has succeeded to all rights of the Declarant under the Declaration by virtue of that Deed in Lieu of Foreclosure dated July 24, 1995, and recorded July 31, 1995, as Instrument No. 95052336, records of Ada County, Idaho. C. The undersigned, being the owners of two-thirds (2/3) of the Lots covered by the Declaration, now desire to amend the Declaration as hereinafter set forth. D. All capitalized terries used in this First Amendment and not specifically defined herein shall have the meanings as defined in the Declaration. FIRST AMENDMENT TO DECL.aRATION OF COVENANTS, CONDITIONS 3c RESTRICTIONS FOR VALERI PLACE SUBDIVISION NO. 1 - Page 1 iv[M8cC 3997.02 10/ 16/95 • A(TREE1yiENT NOW, THEREFORE, for valuable consideration, the undersigned hereby agree to amend the Declaration as follows: 1. Section 1. l~ of the Declaration is hereby amended by deleting the last sentence thereof and substituting the following sentence therefor: "For marketing purposes, the Property may be referred to as "Linder Falls"". 2. Section 2.2 (Improvements Location [Setback]) is hereby deleted in its entirety and the following is substituted therefor: 2.2 Improvements Location (Setbacksl. 2.2.1 Except as set forth in Section 2.2.2 below, no building will be located on any Lot nearer than 20 feet to the front Lot line or nearer than 15 feet to the rear Lot line. Single story homes shall be at least 5 feet from each side Lot line and two story homes shall be at least 10 feet from each side Lot line. 2.2.2 Notwithstanding anything to the contrary in paragraph 2.2.1 above, no building on the following designated Lots shall be nearer to the front, rear or side Lot lines than the distance for each such Lot set forth below: 2.2.2.1 Distance from the front Lot lines: Lot 8, Block 2 and Lot 11, Block 2 -- 39 feet; Lot 10, Block 2 and Lot 12, Block 2 -- 30 feet; and Lot 2, Btock 3 -- 25 feet. 2.2.2.2 Distance to rear Lot line: Lot 6, Block 2 and Lot 25, Block 2 -- 25 feet. 2.2.2.3 Distance to left side Lot line for both single story and two story houses: Lot 2, Block 2 -- 1~ feet; Lot 5, Block 2 and Lot 15, Block 2 -- 20 feet; and Lot 2, Block 3 and Lot 1, Block 4 -- 5 feet. FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS 3c RESTRICTIONS FOR VALERI PLACE SUBDIVISION NO. (- Page 2 MM&C 3997.02 ! 0/ 16/95 • • 2.2.2.4 Distance to right side Lot line for both single story and two story houses: Lot 2, Block 2 and Lot 5, Block 2 -- S feet; Lot 4, Block 2 and Lot 1, Block 4 -- 20 feet; and Lot 2, Block 3 -- 15 feet. 2.2.3 Eaves, steps and gutters shall not be considered as part of the building for the purpose of this section; provided, however, this shall not be construed to pennit any eaves, steps or gutters or any portion of any building on any Lot to encroach upon any other Lot. Open patios shall not be considered as part of the building, but any open patio which would extend beyond the building line as herein established shall, prior to construction, require the approval of the Architectural Control Committee. All improvements constructed on any Lot shall confonn with. the foregoing setback restrictions unless specifically waived in writing by the Architectural Control Committee who shall, in all events, not grant a variance except as may be in conformance with the applicable ordinances of the City of Meridian unless a variance is granted by the City of Meridian through appropriate and approved procedures. 3. Section 2.7 (Size Limitations and Garages) is hereby amended by deleting the words and numbers "2,200 square feet for a two story or tri-level house" and substituting therefore "2,000 square feet for a two story or tri-level house". 4. Section 2.17 (Landscaping) is hereby deleted and the following is substituted therefore: 2.17 Landscaping. All owners shall prepare and submit a landscape plan to the Architectural Control Committee. Prior to occupancy of the dwelling constructed thereon, each Lot shall be improved in accordance with the landscape plan approved by the Architectural Control Committee; provided, however, such landscaping may be deferred for a reasonable period of time at the discretion of the Architectural Control Committee due to weather conditions during the months of November, December, January, February or March, but shall be completed no later than first April 30 following the date of occupancy. Landscaping in the front yard and the street side yards shall include no less than three ornamental FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS ~4r. RESTRICTIONS FOR VALERI PLACE SUBD[VISION NO. 1 - Page 3 MM3cC 3997.02 t0/l6/95 trees of a size and type as may be approved by the Architectural Control Committee. All front yard areas, side yard areas facing streets and areas abutting common areas shall be landscaped, sodded and maintained in a professional manner. All landscaped and sodded areas shall be watered by a pressurized sprinkler system. 5. Section 2.30 (Antennae) is hereby deleted and the following is hereby substituted therefore: "2.30 Antennae. Radio and television antennas on the exterior of the building or roof are prohibited. However, satellite dishes for television will be considered and are subject to Architectural Control Committee written approval as to size and location. " 6. Section 6.5 (Special Initial Assessment) is hereby deleted in its entirety. 7. Section 6.8 (Effect of Nonpayment of Assessments; Remedies of the Association) is hereby amended by deleting the words and numbers "twelve percent (12 %)" and substituting "twenty-four percent (24%)" therefor. 8. In all other respects, the Declaration shall remain unchanged and in full force and effect. 9. This First Amendment may be signed in counterpart and all counterparts together shall constitute a fully executed original. Signature pages from executed counterparts of this First Amendment may be removed and reattached to a single document to create a fully executed original of this First Amendment for all purposes including recording in the real estate records of Ada County, Idaho. 10. The initial members of the Architectural Control Committee, as set forth in Section 3.1 of the Declaration, are unable to act or desire not to act as members of the FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS Sc RESTRICTIONS FOR VALERI PLACE SUBDIVISION NO. I - Page =i MM3r.C 3997.02 l0/ l6/95 • Committee and have pursuant to Section 3.1, appointed James Huarte, Georgia Mackley, and Mary Lou Bauer as the members of the Committee. Section 3.1 of the Declaration is hereby amended to designate James Huarte, Georgia Mackley and Mary Lou Bauer as the members of the Committee to serve in the capacity of the initial Architectural Control Committee. EXECUTED effective the day and year first above written. ,~ - Owner of Lot(s): ' t: James Huarte Print: Print: Print: a By: -- Its: Owner of Lot(s): Owner of Lot(s): Owner of Lot(s): Owner of Lot(s): Owner of Lot(s): a By: Its: (i: \nvm\3997.02\a~ncnds\amandccr.4) 2, ~., 5, 6, 8, 10, 11, 12, 15, 17, 18, 19, 20, 24, and 25 in Block 2; Lot 2 in Block 3; and Lot 1 in Block 4 FIRST AMENDMENT TO DECLARATION OF COVENANTS. CONDITIONS 3c RESTRICTIONS FOR VALERI PLACE SUBDIVISION N0. I - Page 5 MiVI3cC 3997.02 LO/16/95 STATE OF IDAHO ) )ss. COUNTY OF AAA ) On this ~~ day of _i1LTV er 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared James Huarte, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. day an~'}in the c~fic ~• 1G * s puBti : o ''•.. `~ rE 041..•• STATE OF COUNTY OF )F, I have hereunto set my hand and affixed !ny official seal the first above written. NOTARY P C for Idaho Residing at Iv1y commission expires: ~~ 0 0 )ss. On this day of 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared ,known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I leave hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC for Idaho Residing at My commission expires: FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS 3c RESTRICTIONS FOR VALERI PLACE SUBDIVISION NO. L - Page 6 MI~I.4~C 3997.02 10/16/95 i • Committee and have pursuant to Section 3.1, appointed James Huarte, Georgia btackley, and Ivtary Lou Bauer as the members of the Committee. Section 3.1 of the Declaration is hereby amended to designate- James Huarte, Georgia Mackley and Mary Lou Bauer as the members of the Committee to serve in the capacity of the initial Architectural Control Committee. EXECUTED effective the day and year first above written. Owner of Lot(s): 2, 4, 5, 6, 8, 10, 11, 12, 15, 17, 18, 19, 20, 21, 24, and 25 in Block 2; Lot 2 in Block 3; and Lot 1 in Block 4 Print: James Huarte FENIX CIDNSi'R[7C1'ION INC. ~~L~~ ` Owner of Lot(s): Print: LORI FF10IX Owner of Lot(s): Print: Owner of Lot(s): Print: Owner of Lot(s): a By: Its: ' Owner of Lot(s): a By: Its: (i:1 rwm\3997.02\amends\amondcc r.4) FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS &. RESTRICTIO\S FOR VALERI PLACE SUBD[VIS[ON NO. l - PA~e 5 MM&C 3997.02 10/(6/95 STATE OF IDAHO) County of Ada ss. On this ~~day of October, 1995, before ma, the undersigned, aNotary Public in and for said State, personally appeared LORI FENIX, lmown or identified to me to be the Secretary/Treasurer of FENIX CONSTRUCTION 1NC. who executed the instrument on behalf of said corporation, and aclmowledged to me that such corporation executed the Game. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year in this certifiq~ above written. ~~! ~Q'f AR Y ~~ ~ = NOTARY P C FOR IDAHO ~.~ Residing at Meridian, ID ~,~ ~ pUB,,1G•~ o + My Commission Expires: 6/22/2000 .,~~~.g TE, Og ; ~•.. • Committee and have pursuant to Section 3.1, appointed James Huarte, Georgia Mackley, and Mary Lou Bauer as the members of the Committee. Section 3.1 of the Declaration is hereby amended to designate James Huarte, Georgia Nlackley and Niary Lou Bauer as the members of the Committee to serve in the capacity of the initial Architectural Control Committee. EXECUTED effective the day and year first above written. Owner of Lot(s): 2, 4, 5, 6, 8, 10, 11, Print: James Huarte 12, 15, 17, 18, 19, 20, 21, 24, and 25 in Block 2; Lot 2 in Block 3; and Lot 1 in Block =1 B B ILD B Owner of Lot(s): /$r Print: ~17~y,~ A . ~-~,~,~,~P~e.~ ES Owner of Lot(s): Print: Owner of Lot(s): Print: Owner of Lot(s): a By: Its: a ' Owner of Lot(s): By: Its: (i:\ rwm13997.02\mnands\amondcc r.4) FIRST AMENDMENT TO DECLARATION OF COVENANTS, COND[TiONS 8r. RESTRICTIONS FOR VALERI PLACE SUBDIVISION NO. t - Pine ~ MM3cC 3997.02 l0/ l6/95 • C~ILIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State Of California COUnty Of Orange On October 30, 1995 GATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBUC' personally appeared DAVID A. HUMPHRIES NAME(S) OF SIGNER(S) ^ personally known to me - OR - ~ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isle subscribed to the within instrument and ac- knowledged to me that hel~c~cexecuted the same in his$1>~~xX~[~~ta authorized capacity(ies), and that by his~[~e7oti~i~c RUTH COLE signature(s) on the instrument the person(s), 4~"~. - ~ coMr~f.~loo7o5s D or the entity upon behalf of which the ~ ~ Notary Public California ~p d -"~~-~ ~~~ ORANGr COUNTY ~ person(s) acted, executed the instrument. My Commission Exp.10h7/97 ~- •~. ~ WITNESS my hand and official seal. l,C.~k., l~~a--C.~-- SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ^ INDIVIDUAL ^ CORPORATE OFFICER TITLE(S) ^ PARTNER(S) ^ LIMITED ^ GENERAL ^ ATTORNEY-IN-FACT ^ TRUSTEE(S) ^ GUARDIAN/CONSERVATOR ^ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) • TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE before me, Ruth Cole, Notary Public DESCRIPTION OF ATTACHED DOCUMENT NUMBER OF PAGES ®1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Par1t, CA 91309-7184 • Print: James Huarte Committee and have pursuant to Section 3.1, appointed James Huarte, Georgia Mackley, and Mary Lou Bailer as the members of the Committee. Section 3.1 of the Declaration is hereby amended to designate James Huarte, Georgia iVlackley and Ivtary Lou Bauer as the members of the Committee to serve in the capacity of the initial Architectural Control Committee. EXECUTED effective the day and year first above written. Owner of Lot(s): 2, =l, 5, 6, 8, 10, 11, She u~~1 G ~~ /~.N Print: Print: Owner of Lot(s): Owner of Lot(s): Owner of Lot(s): 12, 15, 17, 18, 19, 20, 21, 24, and 25 in Block 2; Lot 2 in Block 3; and Lot 1 in Block ~ L ~ T 3 ,ai.t.j Owner of Lot(s): a By: Its: a Owner of Lot(s): By: Its: (i: \rwm\1997.0?lamenJs\rmon~ccr.4) FIRST AbIENDMENT TO DECLARATION OF COVENANTS, CONDITIONS 3e RESTRICTIONS FOR VALERI PLACE SUBDIVISION NO. I - Page ~ MM~4cC 3997.02 (0/16/95 i • STATE OF IDAHO ) )ss. COUNTY OF ) On this day of 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared James Huarte, known or identified to me to be the person whose name is subscribed to the within instnuent, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in ttlis certificate first above written. NOTARY PUBLIC for Idaho Residing at 1Viy commission expires: STATE OF ~da~.o ) )ss. COUNTY OF I~ ~ ) On this ~ day of ~G'~D ~~2.r 1995, befo a the undersigned, a Notary Public in and for said State, personally appeared ~ Cl~r s ~ i ~ A Cott t~ n , known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I leave hereunto set my hand and affixed my official seal the day and ~~•?~i''•~~tificate first above written. ~.•' Gti I,g '•. '~~ f••.....w~ ,~ •,•~ ~T9 ' ~ ~ Z '0G ~'~ ~~ ~ ~ c NOTARY P LIC for Idaho %9~,s• ~L jC •~ ~ Residing at D~ ~~••, p•'••.•~••,..•'•-~ .•'~ Nfy commission expires: a.0 (~ ~'•~IDAHD ~~.-. .e° ., z F[RST AMENDIvIENT TO DECLARATION OF COVENANTS, COND[TIONS 3c RESTR[CT[ONS FOR VALER[ PLACE SUBD[VIS[ON NO. 1 - Page 6 b1M8cC 3997.02 10/16/95 • Committee and have pursuant to Section 3.1, appointed James Huarte, Georgia Mackley, and Nlary Lou Baer as the members of the Committee. Section 3.1 of the Declaration is hereby amended to designate James Huarte, Georgia Nlackley and Mary Lou Bauer as the members of the Committee to serve in the capacity of the initial Architecnlral Control Committee. EXECUTED effective the day and year first above written. Print: James Huarte ~ti~~~~ Print: jli~ ti a~..g ~.~5~-~,~ By: Its: a Owner of Lot(s): Owner of Lot(s): Owner of Lot(s): Owner of Lot(s): Owner of Lot(s): Owner of Lot(s): 2, ~, 5, 6, 8, 10, 11, 12, 15, 17, 18, 19, 20, 21, 24, and 25 in Block 2; Lot 2 in Block 3; and Lot 1 in Block 4 ~ 3 3~0~~ z .~~ ~/~~ ~ :~'~ ~ ~ k ~ z3 ,~'~ Z By: Its: (i:lnvm13997.0?lamendslmnanJcc a4) FIRST AIv1END1VIENT TO DECLARATION OF COVENANTS, CONDITIONS ~. RESTRICTIONS FOR VALERI PLACE SUBDIVISION NO. I Page 5 MM3cC ]997.0? 10/IG/S)S i `' ~ , a /, .T ~ ~ ,.-- STATE OF ~}~p ) )ss. COUNTY OF A D ~1 ) On this day of be 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared rq,n B ~Rn ken ~ >Lcih, known or identified to me to be the .person whose name is subscribed to the within instnnnent, and acknowledged to me that he/she executed the same. day ar~I*ye~ itl~l~~~et • . ~ • +N: A ~ : UBLIC ~''•.,~A ID A~O STATE OF p COUNTY OF _A D p ~REOF, I have Hereunto set my Land and affixed Iny official seal the 8~~e first above written. .c * . .•`~~w NOTARY P LIC for Idaho Residing at ~iA~~/i~,., ~ My commission expires: ~ ~~/~.oov )ss. On this ~ day of (k,~'a be. r 1995, before me, the undersigned, a Notary Public in and for said State, personally appearedFl~f~J, ~ l~dnna, known or identified to me to be the person whose name is subscribed to the within instniment, and acknowledged to m~ that he/she executed the same. IN WITNESS WHEREOF, I have here~lnto set my hand and affixed Iny official seal the day and year i '•~~~~~~i a first above written. '~;•' NoT '~~°~ . ,9 ~ .p ~ to „ `n ~ 'O ~~ ~ ' ~ ~ NOTARY PUB C for Idaho G8 .' y 1.~ L I C Residing at ~'~1~ d~ ••,~~~ AIDAI~p o~~.~' My commission expires: ~/~~ f~o„~ ~'~~•.r--~e---''--~ ' FIRST AINENDMENT TO DECLARATION OF COVENANTS, COND[TTONS .4c RESTRICTIONS FOR VALERI PLACE SUBDIVISION NO. 1 - Page 7 MbIBcC 3997.02 10/ 16/95 • ~ STATE OF ~a }~ ) )ss. COUNTY OF ~_ ) On thisa~ day of ~G7~~ ,,~ 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared to me to be the person whose name is subscribed to the ithin instnunent~and aclcno vledged to me that he/she executed the same. day anc~y~a~i~~~i§.q e~•~ • y ~• GBLIC •~,~ •` ~~ ••'•. 0••'...•••~ ~~.. ••.•, F I D A~~,,.~' ~F, I have hereunto set my hand and affixed my official seal the first above written. NOTARY P IC for Idaho Residing at ,~ ~~/;~_ _ My commission expires: e R~j~v~ STATE OF .Z_ ~~ ) COUNTY OF )ss. Ad Q ) On this o~'?k~ day of _~C~O~~ Y` 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared (,U;)j,'ay,,, ~; L,~ ,~„ ,~Cnown or identified to me to be the person whose name is subscribed to tl~e within instn~ment, and acknowledged to me that he/she executed the same. IN WIT''NF~„~HEREOF, I have hereunto set Iny hand and affixed my official seal the day and yea~~~i~t~@~,tltl~i~te first above written. '~~.• G ••.•....•• • •.,•• .9 • ~, 'F ~• NOT ;C',f, • t t• '~ :~:'0G ~ ~ ~'•. y~s• 8L I C •~ NOTAR P C for Idaho • ,. '•, ~ •.• • • ~ Residing at •••.,AIDAI~C ~~°' IVIy commission expires: a F[RST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS 3c RESTRICTTONS FOR VALERI PLACE SUBDIVISION NO. I - Page 7 MM~4cC 3997.02 10/16/95 r~ u n 1..I Committee and have pursuant to Section 3.1, appointed James Huarte, Georgia Maekley, and Mary Lou Bailer as the members of tl~e Committee. Sectio(i 3.1 of the Declaration is hereby amended to designate James Huarte, Georgia )Vlackley and 1~Iary Lou Bauer as the members of the Committee to serve in the capacity of the initial Architectural Control Committee. EXECUTED effective the day and year first above written. Print: James Huarte '~1`U"L~ P 'nt: Print: a ' By: Its: a Owner of Lot(s): 2, =1, 5, 6, 8, 10, 11, 12, 15, 17, 18, 19, 20, 21, 24, and 25 in Block 2; Lot 2 in Block 3; and Lot 1 in Block =1 Owner of Lot(s): ,(v ~ ~ ~~ j~ Owner of Lot(s): f Owner of Lot(s): Owner of Lot(s): Owner ~f Lot(s): By: Its: (i: \rwm\3997.0?lmnanJs\mnnnJcc r.4) FIRST AIvIENDMENT TO DECLARATION OF COVENANTS, CONDITIONS ,Sr RESTRICTIONS FOR VALERI PLACE SUBDIVISION NO. l - MM~.C 3997.02 l0/l6/95 Page ~ • • STATE OF ~~ ) )ss. COUNTY OF Q~ 0. ) On this ~h day of Derdo Lr 1995, before Ine the un ersi ned a Nota Public in and For said State, personally appeared ~' ~j' a "'' 2 • ~f3annc,~ ~ rY to me to be the person whose name is subscribed to the withi~i instnun~ t,f and ackno vied ed to me that he/she executed the same. S ~" ti'4'~;;:t~~~.~a~~,EREOF, I have hereunto set my hand and affixed my official seal the day a~ m tlii • •C~rtiflzate first above written. w0 ~ p'~ p`R'~' •~ # :~• ~,r•~ (~ e ~'•. ••'••....••'~.0~,••~~ NOTARY PUBL C for Idaho '• sT 1 ~. ~•.i~~ArE~O~•••• ~ Residing at ~ ~; ~/ My commission expires: _ G l h,~d~ STATE OF ) )ss. COUNTY OF ) On this day of 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared to me to be the person whose name is subscribed to the within instnnnent~and acknowledged to Ine that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my Land and affixed Iny official seal the day and year in this certificate first above writteli. NOTARY PUBLIC for Idaho Residing at )VIy commission expires: F[RST AMENDMENT TO DECLARATION OF COVENANTS, COND(TiONS 3c RESTRICTIONS FOR VALERI PLACE SUBDIVISION NO. I - page 7 MM&C 3997.02 10/ 16/95