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Albertson's Inc CUP
,~ s_ ~ HUB OF TREASURE trALL~ WILLIAM G. BERG, JR., city Clerk ~` ^ A Good Place to Live GARY 0 SMITH, P Ei~City Eng Weer CITY OF MERIDIAN BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste Water Supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks supt. ' a MERIDIAN, IDAHO 83642 SHARI L. STILES, P & Z Administrator Phone (208) 888-4433 • FAX (208) 887-4813 KENNETH W. BOWERS, Fire Chief Public WorksBuilding Department (208) 887-2211 W.L. "BILL" GOADON, Police Chief -• Legal Depattment (208) 884-4252 WAYNE G. CROOKSTON, JR„ Attorney ROBERT D. CORRIE Mayor - COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP MARK NELSON BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments ~. and recommendations will be considered by the Meridian 3- Planning 8r, Zoning Commission, please submit'your comments and recommendations to Meridian City Hall, Attn:- Wi ll Berg,City Clerk, by: April 7. 1998 .TRANSMITTAL DATE: March 16, 1998 HEARING DATE: Aril 14 1998 REQUEST: Conditional Use Permit for second building ®n~a single lot -proposed fuel island kiosk BY: Albertson's" Inc, r LOCATION OF PROPERTY OR PROJECT:- southwest comer of W. Chem Lane ~ Ten Mile Road a .. JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P2 ADA COUNTY HIGHWAY DISTRICT BYRON SMITH, P/Z ADA PLANNING ASSOCIATION KEITH 80RUP, P/Z. CENTRAL DISTRICT HEALTH r ROBERT CORRIE, MAYOR .4 NAMPA MERIDIAN IRRIGATION DISTRICT _RON ANDERSON, C/C ` ' SETTLERS IRRIGATION Dl8TRICT `CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) -KEITH BIRD, CIC U.S. WEST(PRELIM 8r FINAL PLAT) GLENN BENTLEY, C/C: INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) -'WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) -SEWER DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT -BUILDING DEPARTMENT -FIRE DEPARTMENT YOUR CONCISE REMARKS: - POLICE DEPARTMENT CITY ATTORNEY -CITY ENGINEER ~ CITY PLANNER ~ ` , PARKS DEPARTMENT ~ClTY FILES a x~,m ~; ,. __ - ,r - NOTICE OF HEARING NOTICE tS HEREBY GIVEN pursuant ~to the Ordinances of the City of Meridian and the taws of the State of Idaho, that the Planning and Zoning: Commission-of the . City of Meridian will hold a public hearing at the Meridian. City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m., on April 14, 1998,' for the purpose of reviewing and considering the application of Albertson's Inc. for a. conditional use permit for a second building on a single lot for a proposed fuel- island located in the northeast '/ tlof the northeast % of Section 10, T.3N., R1 W., Boise Meridian, Ada County, Idaho, and which property is generally located at the southwest corner of W. Cherry Lane and°Ten Mile Road. { A more particular legal description of the above property is on frle in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. Ao, '~~ A copy of the Application is available upon request. Any and atl interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 16th of March, 1998. /i:Gfti~,.~ 3. WILLIAM G. BERG, J ~ ., ITY CLERK ~~~*,~tt`ilitiiittfftt~~Ijj PUBLISH -March 27 and April 10, 1998. ~- r~ ~ .. ,, ~i' ~~//itJf06i tltttt~~~ • . ~ ae r P K WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L, STILES, P & Z Administrator KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~ HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA REE C GLENN R. BENTLE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 MALCOLM MACCOY Legal DepaRment (208) 884-4252 KEITH BORUP MARK NELSON ROBERT D. CORRIE BYRON SMITH Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendationswill be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Wil( Berg, City Clerk by: April 7, 1998 .TRANSMITTAL DATE: March 16, 1998 HEARING DATE: April 14,1998 REQUEST: Conditional Use Permit for second building on a single lot - proposed fuel island kiosk BY: Alberfson's• Inc. LOCATION OF PROPERTY OR PROJECT:.. southwest. corner of W. Cherry Lane 8r. Ten Mile Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P2 KEITH BORUP, P/Z ROBERT CORRIE, MAYOR ~RON ANDERSON, C/C ~CHARLIE ROUNTREE, C/C ~KE(TH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT 'FIRE DEPARTMENT ~POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER PARKS DEPARTMENT CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: CITY OF MERIDIAN ~• APPLICATION FOR A CONDITIONAL USE PERMIT NAME: ~ ~-~~j4'~~o~.1 ~ 1,1.1. ~ . PHONE: 2a - r'D 20 (~ ADDRESS: 2S0 1z 't?A~Kc,~.rt'~. ,31~~/p ~ of Utz ! O f3 x'70(0 k GENERAL LOCATION: S ~C O~ ~.~/~~ ~}~.,r~( /,-„~,~ ~ A:~1~ -1-~,I WI~~ ~,At~ DESCRIPTION OF PROPOSED CONDITIONAL USE: '~'~Co ti1~D 15'U i t~,~rrl Std GL~ L~U~ - ~oF'o 5~~ ~~'L ts~~ Kt aSK ZONING CLASSIFICATION: ~ -- ~ N iz I (~i-~ ~ ~I~o D l7 B~- SAN t~55 ~ ~~ c'~ I certify that the information contained herein is true and correct. Signature of Applicant Daniel R. Tobin Social SecurityNumber'~Vice President; Construction LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on ~ ~r-- ~ /y. ~~~ g at ~ `~ ~.m The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by , L~.~~Sb~S .T~t j~l C for the.property generally descnbed as located at ~~C S~fHwPsf Cij~iie~ O~ (.berry l~n ~ ~, Ov ~ ~pn fir ~~ ~ ~-°~ SUBDIVISION, BLOCK ,LOT TO /~ ~t2Ac~(' ©F LA~,~ [_o C~'~~ J r! Tye.' J~o~-I^y ~~ T~ ~ Towi.1 sr+ap 3 1Jo~'f(1_, t2A~v~ 1 w~ST o~ 1~~1',~ ~3ots~ M ~~- ~ pJ ~~1 , ~N TJ3~ C rr-f o ~ )"1 ~- ~ ~~ ~---I, t ~A~ H~ IAA ~ c>zL ~ S t2 I u I ! OO 1'7 .-__. .~: 3 W PEOPLE WHO LISTEN ARCHITECTS/ENGINEERS/PLANNERS DESIGN THAI SPEAKS 1 March 11, 1998 Ms. Shari Stiles Department of Planning City of Meridian 200 East Carlton Meridian, Idaho 83642 Re: ~ A Express Meridian, Idaho Project No. 98058.300 Dear Ms. Stiles: As representatives. for Albertson's, Inc., CSHQA Architects/Engineers/Planners is pleased to submit this application requesting a conditional use permit for the addition of an "A Express" gasoline and limited product sales facility on the existing Albertson's store site located at 3301 West Cherry Lane. As required by the Contents of Conditional Use Application, we submit this letter stating characteristics of the subject properly which make a conditional use desirable and our reason for the conditional use permit. request. The Owner; Albertson's Inc., wishes to increase its service to customers by offering a convenient gasoline fueling option on their existing store site. The proposal includes a fuel island located` nn the northwest.. corner of the property near the West Cherry Lane entrance. The "A Express" will i~7clude three fuel dispensing islands,. a convenience kiosk, and a canopy. The fuel station nearest this'site is located one mile east at the intersection of West Cherry Lane and Linder Road. -The addition of the "A Express" will provide convenient fueling for customers in the area of this site; plus fueling for those destination grocery shoppers visiting the site. - The addition of the "A-Express" development occupies an area that is presently improved ground. Thee construction of this new facility will pose less impact to the roads and sites surrounding the property. when comparing this to the type of inconveniences (earth littered roads, dust control,? detours, etc.) associated with undeveloped ground. We also recognize this development as a mixed-use compliment to the Albertson's center offering a convenient location for fuel purchase without the need for. additional vehicle trips off-site to other fuel dispensing facilities and onto existing roadways. It is our belief that this proposal will lessen the impact on the county roadway infrastructure. The current property zoning designation is C-N, Neighborhood Business District.= A store offering goods;--- including gasoline, for sale at retail is a permitted use in this zone. Zoning and development ordinance 2- 405 requires not more than one principal detached building shall be located on a lot. The."A Express". kiosk will constitute a second building on this site. For this reason, this application~requesting conditional use permit approval is being submitted. Enclosed is a check in the amount of $348.48 for processing the conditional use permit application. The site presently meets city landscape requirements and the addition of the "A Express" will not alter this compliance. In addition, the off-street parking provided for the. Albertson's building, the! shops building and the "A Express" meets the city requirements. For off-street parking. requirement calculations see site data on Sheet No. SP-1, Site Plan and Exterior Elevations. included with this submittal. The "A Express" lighting design will take into consideration adjacent neighbors' expressed concerns about intrusive site lighting. '~.~ ty~ BLS"CAT(l~l}l~~',,~z~.6TH~•~BC}ISE,_IpAHO~$~702{~~(2U8)343-4635 •=:•FAX,~2~D8)43-404' Ms. Shari Stiles Page 2 March 11, 1998 We trust that this letter meets with your approval. Should you have any questions or need additional information, please call. Respectfully, Encl: Legal Description of Property Proof of Ownership and Consent of Property Owner 30 copies of the Vicinity Map 35 copies of the Detail Plan Adjacent property owner's mailing addresses list Check for Conditional Use Permit review Fees or Charges Statement Affidavit as to guarantee of posting for Conditional Use Permit Application for a Conditional Use Permit c: Gordon Bates, Albertson's, Inc. File 98058.3/Reg Agency J:~PROJECfSV8058LSTILESOI.DOC ~ ~ °t ~ "' 1 F i F d. t ~~~~ ~, l~i/Jl~-~~~2y/~'tiW ~. , ..,, ^ J .. ~ g~. ! ~~ .,,. r. h ;" i.vV A Pioneer Company B o i s ~. ~ i~p10 PIONEER TITLE COMPANY ~'Q ' OF ADA COUNTY ~ 9S 0.y ~ P~ ~ g 8151 W. Riflemarl Ave /Boise, Idaho 83704~~ ~~) 371-2'~l~~i*} Q(~ FEE ~P: ~ _.-- ~, _ ~ ~` -- FtECOtttlcU ~+i : ~ _ sii:~,~UES7 Of . WARRANTY DEED pNDIVIDUAL) FOR VALUE RECEIVED JAMES W. FULLER AND LOIS J . HILLER, HUSBAND ANll WIFE Grantors , do hereby grant, bargain, sell and convey unto ALBERTSON' S , INC . the Grantee ,whose current address is: 250 PARKCENTER BLVD. , BOISE, ID 83726 the following described real property in ADA County, State of Idaho, more particulary described as follows, to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF ,q ,, ~ - - - ~ ~.. . : . ^t ~t • pe ~ • c- r F r F 4 ~ ~ ~ d ' ,. ,~ 4'~ „~,. ,. ~ ~ •• ~ ~A~i '~ `x.~., ~ ,,..~ ~ x ~ ~1 ~ „' .. , + 7 ~ r , 4 ~. S ~ ~. ~ ,~ s ~~ ` 1° r...r a rv° i . ~~` ~ dg' ~ _.€; ; }~r:~ d ; ~R~ ~ I{r ~ µ ~ y '~'-~"^~ ~ i~ ~~ _ . [ '~c.~: l fl eft t Y ji 1 1T,~ P, P ~€, ~ _....- F F~k Y,a. , .. ~. ,~ a t i'M^!i ~ t k ~ ~~ 3 ~ 6 „ ~ ... 4 v, ~ .H ~; + +.~ tia Y : a v < rhw, , ww a 9" r f, i r .,~ ti,~ k 4. 6 - ~.E _. ~~•-.~-a . w to f i - ',. `, . EXHIBIT "A" TO WARRANTY DEED A TRACT OF LAND LOCATED IN THE NORTHEAST GIUARTER OF THE NORTHEAST C]UARTER OF SECTION 10 TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, IN THE CITY OF MERIDIAN, IDAHO, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP MONUMENT MARKING THE NORTHEAST CORNER OF SAID SECTION 10, THENCE; NORTH 89 DEGREES 41' 38" WEST A DISTANCE OF 530.00 FEET ALONG THE NORTH LINE OF SAID SECTION 10 TO A POINT, THENCE; SOUTH 00 DEGREE 18' 22" WEST A DISTANCE OF 49.34 FEET ALONG THE EAST LINE OF THAT TRACT OF LAND DESCRIBED IN INSTRUMENT NO. 8351286 TO WALIACE D. LOVAN AND VINITA LOVAN DATED SEPTEMBER 26, 1983, IN ADA COUNTY DEED RECORDS TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE SOUTH RIGHT OF WAY LINE OF CHERRY LANE AS DESCRIBED IN INSTRUMENT N0. 94060466 TO ADA COUNTY HIGHWAY DISTRICT, RECORDED,ON JUNE 24, 1994 IN ADA COUNTY DEED RECORDS, THENCE; SOUTH 88 DEGREES 33' 40" EAST A DISTANCE OF 227.29 FEET ALONG SAID RIGHT OF WAY LINE TO A POINT, THENCE; SOUTH 89 DEGREES 07' 29" EAST A DISTANCE OF 228.53 FEET ALONG SAID fiIGHT OF WAY LINE TO A POINT, THENCE; SOUTH 44 DEGREES 33 42 EAST A,DISTANCE OF 42.09 FEET TO A POINT BEING 45.00 FEET DISTANT FROM (WHEN MEASURED AT RIGHT ANGLES TO) THE EAST LINE OF SAID SECTION'10, THENCE; SOUTH 00 DEGREE 00' 05" WEST A DISTANCE OF 215.52 FEET AND PARALLEL WITH SAID EAST LINE TO A POINT, THENCE; SOUTH 05 DEGREES 10' 56'` EAST A DISTANCE 221.37 FEET TO A POINT $ElNG 25.00 FEET DISTANT FROM (WHEN MEASURED AT RIGHT ANGLES TO) SAID EAST LINE, THENCE SOUTH oO.DEGREES 00' 05" WEST A DISTANCE OF 419.74 FEET AND PARALLEL WITH„SAID EAST LINE TO A POINT ON THE CENTER LINE OF EIGHT MILE LATERAL AS DESCRIBED IN:INSTRUMENT Np. 768075 PAGES 3-6 IN ADA COUNTY DEED RECORDS, THENCE; ~ ~~ NORTH 42 DEGREES 00' 12" WEST, A DISTANCE OF 757.66 FEET ALONG SAID CENTER LINE TO A POINT ON THE EAST LINE OF SAID LOVAN TRACT, ~`THENCE?+ ~'~ ~ "t' ~ ! ' NORTH 00 DEGREE 18' 22" EAST A DISTANCE OF 331.89 FEET ALONG TH~ EAST LINE OF SAID LOVAN TRACT TO THE POINT OF BEGINNING. ~ ~~....; , ~,~,,,~ . ~ .. ~J ...,_ END OF LEGAL DESCRIPTION ~ '~ ~ - ~ : I ~: k '• g 4 [ March 9, 1998 .~s ~ , ,. .,~ ~. --. ~, -r-. rI~ hft t ,t.4 ~ .~ f I~ c Re: Albertson's Store #180 -Cherry & Ten Mile, located at SW Corner:Cherry &aTen Mile , , ,; , ~ ,, - , _ _ . •Y Meridian, ID ~ ~ _ ~ s~,, , Y ,. Y ~ ~4., TO WHOM IT MAY CONCERN: -~ °? ~' " °y~ ~ ~ y•n f^ This authorizes CSHQA Engineers, as the licensed architect (or their Agents or Subcontractors) to secure a conditional use permit and/or related variances for a Fuel Center at our property identified herein. ~ Y~ ~ , 4 x g Very truly yours, ..° _ , ALBERTSON'S, INC. Gordon Bates, Civil Engineer GB/cma STATE OF IDAHO } ss. County of Ada ) ~v 8 On this ~ day of ~~i~'~-~_, 199'x, before me, the undersigned, a Notary Public in and for said State, personally appeared Gordon Bates, to me known to be the Civil Engineer, of Albertson's, Inc., a Delaware corporation, the corporation that executed the foregoing instrument, and acknowledged to me that the said instrument is the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. WITl~~&.A~,~' HAND and official seal hereto affixed the day, month and year in this certificate first above written. `',~~~~~~ L. Cj,~~O•.,.••• ~ ~l ~ ~ ~ 1 ~,,, ~J '., y, U$ C ~~ * ~ Notary Public in and for the •••.~'9 ~~''•.....••'S,0 .•.•~ State of Id ~•..rL' n~ rc~ Q. _.••~ Residing a Idaho consent i t ~ u~ . B .. •' ~ • AFFIDAVIT OF OWNER AS TO GUARANTEE OF POSTING FOR CONDTTIONAL USE-PERMIT ' State of Idaho ) f k ss. County of Ada` ) ,~ ~. Personally appeazing before me, Daniel R. Tobin, Vice President, Construction, who-being duly sworn deposes and says that Albertson's, Inc., a Delaware corporation, the Owner of property at 3301 West Cherry Lane, Meridian, Idaho, 83642, will post the property one week before the hearing stating they have applied for a Conditional Use Permit. Daniel R. Tobin, Vice President, Construction SUBSCRIBED AND SWORN to'befor"e me this 12`t' day of March, 1998. M ~~..- ~ ~~ ,~~~ ~ H • Rd ®',, i /~ ®° ~o n® '® ~~,~'~' Nc~ary Public for Idah Z14TA~ Q ~ esiding at Boise, Idah d' .__--- ® My~commission expires a-3 ~~3 Y ~ D O ® m ° AUBLie W m s ~~ ® ®~ ®~ ®WO e.® ~®o . .~ ®.®e®o® ,. ®®6®60B7a®®05B®®® ~. r Y r r ~ ti k h E k k ~, r fi y t~l I y ~ ~ Albertsons I k t q f March 11, 1998 J t t Re: Albertson's Store No. 180 ~' 3301 West Cherry Lane Meridian, Idaho 83742 ,:, TO WHOM IT MAY CONCERN: This certifies that the Owner of the property, Albertson's, Inc., a Delaware corporation, agrees to pay any additional sewer, water, or trash fees or charges, if any, associated with the use, whether that use be residential or commercial in connection with this Conditional Use Application. Sincerely, ALBERTSON'S, INC. . ~ ~ I~ Daniel R. Tobin E Vice President, Construction I' u { ~ ALBERTSON'S, INC. /GENERAL OFFICES / 250 PARKCENTER BLVD. /BOX 20 /BOISE, IDAHO 83726 / 208-395-6200 s 11 F s r z r a r a ~ ~ ~ ~ ~ ~ ~ a ~ t~ .~c r~ ~ ~ o r~ a ~ ~ ~ ~ ,. ~ ¢~ ~ .,~Z n ~ td o to ~ tr~ r ~ r~ o ~ ~ ~ ~, ~ d d ~ ~ '~~ ~ , s~ '~ . ° ~ y _ ~ ~ Z ° a ~ d x ~ ~ '~ . ,k .',~ ~~ ' `` z e ~ o ~ ~ Z 0 ~ 4 ~ c i~ ~ y _ ' ~~ a ~~ a ~ H O ° S~ yy ~ ~~ .~ ~ ° ~ a~ ~ ~ Y° ~ ~x~ ~ ~ ~o ~ o d a~ a~ ~- r ~ ~ ~ ~ ~d Y d ~v r ~~ ,d ~ ~ ~ , ~ C1 ~ d a ~ ~ ~ ~ r °z ~ ~ ~~ r d ~° y'~ ~ y cz ~ ~ r o ~ a ~ E~ r ~ ~ ~ ~ ~ b a~ ~° R~° ~ tri ~n _ ~ r ~ ~, ~~ ~ n ~ ~-d b r~ ~ ~ ~ ~ ~ f~ ~ ~ ~ y z ~ ~ °~~ z ~ ~~ ~ ~ ~ ~ ~ ~ ~ a o ~ ~ ~ ~Z ~ ~ ~ ~~ ~ r ~ ~ '~° a ~ a r t.., ~ ~~ y ~ ~ ~ ~ ~ ~ ~ a ~ z a ~ r~ ~ , ~, w w O\ ~D w ~ W ~-' w N N O w O ~C N w N N ~--~ w ~. r-. . ~O. C ~-. G .A '~ O C O ~-. w W O w w N oo ~-• w O O w ~ O\ Oo o w t~ ...~ w N .p w vi ~ o ~ w -P ~P O w N 00 O w ~ ~l O~ ~.-~ w t~ N dw w /~ ~ ~O w .A c/i ~D G,~ G w a t~ A ... C W '~ ~C ~ ~-. C w '~ ~G ~O ~ ~ ~ ~ ~ ~ ~„ z z ~ z ~ z ~ r~ C ~ ~ z ~ ~ ~ z ~ z ~ z ~ ~ ~ ~ b ~a1 i ~ b ~ ~ o ~ r ~ b z r ~ ~ ~ b r`~ o r ~ ° ~ -~ ~ ~ ~ ~ ~~ ~ o ~ o ~ o ~ a d ` ' ~ ~ r ~ ~ ~ ~ ~ ~ ' try . ~ t ri ~ m ~ Cri ~j c ~ ~ ~ Cy H d ~ ~ d &~ ~d ,d ~ ~ y ro x ~ "' C7 ~Cd7 ~ ~ t=i ~ ~ d ~, d ~ d ~ d ~ z d ~ ~ ; d ~ ~ ..d ~ ~ d ~ ~ d z d ~ ~ ° d ~ ~ b ~ ~ d ~ ~ r-+ ~ d ~ ~ d ~ ~ d ~ ~ d ~ : ~ d ~ z C ~ ~ d ~ ~ d ~ ~ d ~ z y -C d d d d d ~ C7 ! d d d d ~ ~ d ~ d d ,,~~ d d d ' d d d d C7 , d 00 W O\ 00 W O~ 00 W. O~ 00 W O\ 00 W Q~ 00 W Q~ ~ 00 ~ _, W ! O~ ' 00 W O~ 00 W O~ 00 W C1 00 W O~ 00 W 01 00 W O~ 00 .~i ~-. 00 W O~ 00 W 01 00 ~ W O~ 00 W G~ 00 W O~ 00 W 01 00 W Ot 00 W Ot 00 W O~ ~ `Sy .P N ~. N ~. N A N J, N J~ N A f N .? N ~ N ~ N .A N .P N ~ N to O ~ N .A N A N ~ N ~ N .P N -P N A N ~ N ('~ ~ to ~ N w O N N to .-+ cn N N w w Oo w ~--~ N w .P O O N N w ~ ~ cn ~ ~ t,n N N w N d lTl c `~ ~. V ,~ r E r o b 0 ~~ c~ O ., w. o~ .-. °~ ~~F ~, ~~ ~~ r~~ (D ~ y~°--, ~ o'~; °~ ... cu ~ c~ o ~ o~ a W 0 ~"~ c~ ~~ C~' r ~~ ~~ a 0 wi o~ ~ N w I. ~', CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 8884433 i I I C~ 1 `7 I .All claims and returned goods'-.MUST be accompanied:. by this bill. '" TAX I I 0 0 0 8 9 3 9 Byceived TOTAL ~ g i. GS-202-2 PRINTE" WITN PRINTED IN U.S.A. SOYINK - [, ~~ ~.{ . t o- ... t __ n r ~~. ~~ ~; ~~~~ .. ..^1 i%~~i~i1 f iG~~/ol~ U .,. _ _ ~. .. ~~--c~ ~~ '`~I +UELIIVG-SIT'E: i -- ~ ~Y Store Ideated at Cherry,f.;ane and"° ;'find ~ am'"veiv tnucfi oritio~ td `,anon witl be disruptive,'"unbecoming ,glit ligfits; the°smetl and'the number of ~_itsons would bting'to odreomnunity ... withdraw its pleas"tQ add a fueling t, ~ F r ~. ~r ~~ ;~ ~~ _~ ~ ,Y, y } .~ ~ ,.gyp } . ~ DATE Gee.. d ~ ~ .r ~ ~ C? ~~ ~. ~~ ~- - -~ f ~: ~ ~~ qq( f~ t C.~~ r- 1 ,. 2i ~ . b F ....~ _ rl ~~--~ ' ~. Sri k m .. .. ~. Ef a~ r ~~ a ~~~'- _ _ __.._l _~ ~, ~ ~~~~~ ~~ a~ JUN 1 6 1998 J .. ~ .. , e. ~ # _ ~~ CITY OF MERIDIAN ~;~'?~ - ~ _~ ..~ ~~~ ,..~~ p. L Jo~yst?y ~/s~Q~ ' ~ f ~ _r -- 3, a - - ~ __T,. ~ - - - r I' ~ ~~_ i PETITION • OPP_OStNG ALBERTSONS PROPOSED FUELING SITE: ` ~ ~. n ~. ~ _~ ~, 1,-the below signed, am a home owner living close to the Atbertsons Grocery Store located 8t Cherry Lane and Ten Mile: I welcomed AtbeRsons locating in ouc neighborhood but now find I am very much onvo~ to Albertsons proposal to add a fueling station at this site. I feet a fueling station wilt be disruptive, unbecoming and present a 24 hour a day problem to our community.. The inherent bright lights, the smell and the number of people it would-bring to our area are alt contrary to what I believed. Atbertsons would bring to our community " ,_ when 1 supported Atbertsons original proposal, Therefore, in signsng this petition,.. I respectfully request that Atbertsons withdraw its plans to add, a fueling station at Phis srte. -NAME ~ ADDRESS SIGAlA'TURE DATE ~` / ;7~` r ~, _.T !~- .. ~__.~ ,: - ~ . ~~r~ ~. ~~~ ~ < < ~ '~ N. A ~ iyX r L ~ JoH~yst~r ,~ f _t .... _ ~.... '+ .~ .. # ..~.. ~ .~ { P~Tr~riON ~:~ OPPOSING ALBERTSONS PROPOSED FUELING SITE: 1, the below signed, am a home owner~tiving close to the Albertsons Grocery Store located at Cherry Lane. and Ten Mile: I welcomed Albertsons locating in our neighborhood bui now find I am vgry ~nuch~.gpo.~ed_ ~o Albertsons proposal to add a fueling station at this'site. `;X Feel a fueling station. wilt be disruptive, unbecoming and present a 24 hour a day problem to our community. The inherent bright tights, the smelt and the number of people it would bring to our azea are all contrary to what 1 believed Aibertsons would bring to our community ,~: ~: -~:e~; when 1 supported Albertsars original p~opiasal. ~ . z Therefore, in signing this petition, I respectfully request that Albertsans withdraw its plans to add a fueling station alibis site. R;~ ",. ,~` . ~' , ~- 4.r _. t qr ~.er. R.,, ., a ^. +~ ,p 7 NAM ~ r ~t °_~ ~ , ~ ADDRESS ~ . -` - ~ . =SIGNA - ti. ~ ~ ~ ~ ` DATE ~ '~a~ `~ ~ ~ , e• ..; ~> .r w .: ~ n ~ ,... 6. 1 a f t 1 s a . ~ 7`_`/~ u a e ~.~~.:___~_~~~ fir" ~~ ~, K ~~~ `r~ ~ r3' S .>-~~ - r ;, , _/_=~/ ., ... ~. _ - -..- , ~. ..'E .. ... .. ~~ ~~.~~~r ~ ~i~~ ~F ^~ : ~ _- c n . T.. M r ~4~ ~~~~~~~ F ~ ~ ~ ~ ~ ~~ ~ a~~~~~ `_ _ ~ _ ~ ~ ~~ v ~. ~~ ~~ ~~, _-~ ~-« c n_. u _ . 1. ° ._ ~~ ~~~ .413 - . r r,~: ~.,I V , ,~ .~ ~ ~ :~ ~@ ~.. .~. ~: ~.t ~. k ~!. ~, Eklf~ P .Fl ~ r .. - - -b-~ u ,*. ., . e • ~~ '~ ~ ~ ti PETITION .. APPOSING ALBERTSONS PROPOSED FUELING SITE:, • ~ a 1, the below signed, am a home owner living close to the Albertsosts Grocery Store located at Cherry Lane and Ten Mile: I welcomed Albertsons locating in our neighborhood but now find• i~am very mach ooyosed tU Albertsons proposal to add a fueling station'at this site. I feel a fueling station wsll be disruptive, unbecoming and present a 24 hour a day problem to our community. RThe inherent bright lights, the smell and the cumber of ; people it would bring'to our area are all conirary'to what'I believed Albertsans would bring to our community ' when l supported Atbertsons original proposal. Therefore, is sighing-this petition, I respectfully request that Alber#sons withdraw its plans to add a fueling station at this site. - `NgMg ~ ADDRESS SIGNAT ,_._. - DATE zz3~ .'v 4a~cl~%l~s .~/' .. _ ' ~ ~ ..~.1,~1~ ~ ~ _ _ _ . „ ..~~ ~ , --- =, , ~~- r ~ ~ - ¢_ _ E ~ ~, _ ~1~ ~ ~ _ ~ _. ~~ltl ~.S/~(1 ~. ~. ~.~Z-~~ ~3-~ a F =~-=s~ m~. h _, • r • _. r ,4 PETITIUN ~.. UPPOSING ALBERTSONS PROPOSED FUELING SITE: ~ I;-the"'below signed, am a home owner ,living close to the Albertsons !Grocery Stare located at Chery Lanek and, ` Ten Miie. I welcomed Albertsons locating in our neighborhood brit now find ~ am very mmuch oonoo ed w Aitertsons proposal "to'add a fueling station at this. site. I feet a fueling station. wall be disruptive, unbecoming aril present a 24 hour a day problem to our community. The inherent bright tights, the smell and th~numtieF of people it would bringto Our area are all contrarjr to what I,believed Albertsons would bring to ourrammuisity when 1 supported Aibertsons grigittal-proposal. .+ ?herefare, in signing this petition,. I respectfully request that Alberisons withdraw its plans io add a fueling ; station at this site: NAMEy ADDRESS ATURE DATE ~. -~_s: ._ - -- _ ~ _ _. _~~LG~~ ~-~ ~ - .~ C/~~ M 1 ._ C ~~i 1 k ,.~ ~. .. .. e ~ € ~ - f .a ~ , PET~'i'IOl1i r OPPOSING ALBERTSONS PROPOSED FUELING SITE: ~ 4 w7, the below signed, am a'home owner living close to the Aibertsons- Grocery Store located at Cherry Laneiand Ten Mile. I welcomed Aibertsons locating in our neighborhood but now find I am verv much opvo.~ed to Aibertsons proposal to add a fueling station at this site. I feel a fueling station will be disruptive, unbecoming and, present a 24 hour a day problem to our community: The inherent bright tights; the smell and the number of people it would~bringao our area are all contrary to what I believed Aibertsons would bring to our community when,l supported Aibertsons original proposal: . , 7here~te, in signing this petition, I respectfully request that Aibertsons witit~'aw its plans to add a fuCling station` at, this site. NAME R° , e. ADDRESS - SIGNATURE DAVE ' ` ; ~;~ -~~!~ '.a ~'' ,- ~: ,~ r ~. ~ S-- . - . ~ l L- ~ ~. ~~~~5~~ ,y ~. ___ -- . ~: - ~. ~ s e, c h a ... C j ,~-.~ .., _. a . _ ., For Accountable Mail - - ~ ~ - T ,r rn ~ 'Ui ~ 'WT N ~ ~p-....p ` ...-p..~ Va.....p ~ -,.~.i ~, W ' .N..,a _.._._ .~, o,y~m J d 4-. 1 1 ~ T ~` o a ' ~ r•~. ~~~JJJ ,,(~ ~ ~ 3 tom" --7 3 0 7 ~, ,+ ~ ~ ~ ~ ~ ~ \ D ~ ~ '~ J m m ~._ , ~:#~p ~o -_~, ..?.~ '-1,.17~,W. _-a. _ ,V1-E °W ~ ..(,J.' 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J N J X C m S ~ y m - ~. - _,_ _-_s-- _i ~I For Accountable Mail 0 W V V T Q z A t • f- ~ w 1 Ut ~ ~ W 1 N J 1 1 O CO 00 ~l - O CJl ~ W N -` C- m 0 Z Vl ~• 3 ^^`` a N ~ VV ~v W ~ W ~ v _ ~ N Q l r ~ "\ ` ~ ~ 6~j. ~ V \ 1 ~ ~!1 ~ ~ ~ ~ ~ ~ ~ ~ o ` m ~ W ~ ~ ~ o N ,~ ~ t.,~ ~ ~,,, W w ~) w , C~ ~ w s W w ~ ~^' '^' N ~ ~ w v ~ v~ . ~ ~~ ~ w w w w~ wC] ~ N w w w w w -~ ~ W d W W O N N W (D .P p7 ~P C O ~, N .A N .P .P W <Z NO Old 00;7 l0 -~ ': ~~ N 00 W Nn l0W N ~ O ON Q N c a3 v ~ l0 OD 00 U•1 -~ '~ ~ ~ O N .~ -' l0 O O W •~ ~ ~ ~ ~ UI (!~ U1 U] ~ ~ (D 2, n ~ N O bd ~ ~ ~^! ~ O ~ (!~ ~ Z w ,~ 00 G ~ "C fD Li ~ p G 3~ ~~ w w~ ~ ~ rt N a • . y ~ t~ n t~ • ~ ro ro ro o ~ D ~ y N v ~"'! ~"i I•-•~ ~' I--~ A~ A~ ~ F-~ ~ fL N• W f'i 0~ I-' (D a - l ~ f'~l W ) ~ ~"~ U1 n ~ ' 1 ~ n R~ UI n C n ~ ~"'S n h'Il fl N /V ~3 ~ mr ~ ;;; m n cam ~~ n mx H n n ~~ n ~ ~ ~ m •n w ~ =~C o n~ xm x mn ra mc~ a a m m~ m nw c~~ m c m n c~ m xm m m ~ n Oe~ . ~, m ro ~ x a x~ ~ ~ x m. ~r m m x m - r• ~ ~ mw ' oo d ~ ~r o rr w x c~ ~'m v m r- y ~ ~ n n v m o v~ m v a ~ m n ~ x m ~• N• nr .•c n n n v~ ~- v~ ~• w .< ro c c ~• ~ ~ a ~• ~ ~• n ~ n c ~ ro ~ r~ (D fD C O fD ~ C h v C G N• O N• fD W r o ~ (D ~ n (D G ~ ° N C h .3 C 3 • 3 3 I-'• ~ N• N (D N (D 3 N (D 3 N (D (D 3 SZ 3 a C 3 ~i fi N n n N Q 3 ~i ~t (D F•~• fD ~' (D (D 3 W F•~• 3 ~i N ` Imo- fi o- m w• ~• n a n a n m~ a m ~- sz ~- o ~i SZ R~ F•~• ~ F~• ~ (n'L~ F•~• ~i F•~• f'S ~1, fD F•~• C1+ ~ ^^^^Q jp N• N• F-'• Cl+ ~+ U1 _ H S3+ W (D iu W F-~• Sv N• m n N ~ ~ `D fl, w W N• r• (D t17 f•+- a ~•! ,~ tZ A~ p A~ ~ o ~ ~. ~ c i . ~~ «3 :J W ' ~ O :S ~ H ~ H o ~ H H ~ ~ ~ ~ S~+ ~ H (D ~+ F'- ^^ ^3 a H Al Q! ~ H ~ H ' ' ~ °_'. x + H H ~ H Ai ~ A7 v ~ ~ W ' O O m O O ~ ~ C ~ W A~ O G O w ai ~~ (D o. °--o - m ~ m S 7 'd ~ N~ N. 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O w ~ O 7 ~~.~cc~< ~D ~~ m ~ ~ N -O c W o.~ ~-~°.c ww~~nom NN ~ ~ ~ y m ~ O~ nom . c ~ Q - -, Noo m d m n ~ oE»w~n n ~ 3o=oc n Nyo3-7 (D ~ 431 m ~_ O n ~ p j y~ O m ~ mw~mvi_.c a ~ m m a vim cnww we 3O~_ ~ ~ w w om ~ ~~ x- m~w-'on ~°~~°o~ ~ p ~ amD .v 3v c ct 7Y ~ ~~ y a3X • oom~N ~ " ~ ~~ ~m ~ wm3 v x Ncn?$~ 1S 1 \ _ co o`~•Z~mm 3m ~ ~ m wm m . m Q m w mm o w ,< . x ~w o ~t~ . m .iv o. o- ~ ~ mmyw ~ map lU ~y fp ~~~ ~ m Ny3Nm w ~ -tl fn ~ ~ QOd v o 3w.vi 7 o ~N ~p mp _ ~ - m i, c 9 ~ oc o n o ~ . wo~~~~ 3 ~•~ o m - w o m a ~ o~ww3 ~~ wc ~ ~ N ,~ fA - . v w a~3 cmit°a~i ~oc m ~ N ~ . =oo3 ai o ~' mmNn N ~ . ~N»a$m m ? VJ ' ~ For Accountabie~Mail~ 0 • ~ W V V m Q C Af A 0 3 c 0 a :~ a A x O ' W O .art 3 C f/f .,~ . gg S. ~. '• N ~ Ul° A ' W N i O co OD v O'. Cn ~ W N ._. a .. CN =~ ~ 1 v ; - N ~' d a `~ ~6 ~ ~- ' t ~ W W Aga , v , m~ "~ o ~ f~~~ l,N ~ ~ ~ ~ ~, ' OC1 9 Z D _ r ~ ~ '~ ~ Y ~ ~ c N 1.. N ~ Gam. (~' ~~ . ~ ~~ _ ~o c.~ O ~~ fD wy~ ~G -~cn wpi w~ NO cnn o~' wd AQ~ wxi NO wCJ ~G" -~d wO w~ w~ wx AO ~.,~ wO ~°3 w • -~ w • •• ~ ~:°' ~ x rnR, cn~ qtr' G f faG ~t7 vn cn-G ~G f toy cn.a N ~n ~ W , "\ o. ~ fD .; ro r 1"i m° -' z~ W (D n CrJ 1"i ~ a y O W m O fD n 01 1-'• . ~, N tQ ~ . ~O S~f ..~, l0 fU , f1~ ¢i l0 ~' l0 m ~ ' . ~ w -~t r / ~ ~ ~ E, ~rt cn G+ ~~ cnrr ~ct ~w ~.-~ ~n~ 2y ~'fD Z ~ ° `~ ~ ~ ro `~ . ~ ~ . ~ • ; ~ v ~ ~ a~ r~ o ~ r ,. ~ o.. At o~ ;a b• rr, t~ a ~~ n~ ~~ w os~ o~ o ~ m N trJ ~ ~ 3 tv r ~i N• fD F-+ • G ~i W Ar • A~ ~ R~ r - ¢t n s2o C..1 ~ f2o fto n H I-'- H Ro 7`i" CZ 7C 7S' {71 Q ~- ~ ~ n X m n -- ~, s~ a w ~ w s~ s~ _ y a .~ ~ m ~ ~ b n ~r~ ~, n o n r an ~ ~ ,C 7- .. ~. .~ ro ~ ~• ° ~~ ~w . ~~ ~• x ~c• mo KO n~ n ~ ~' ,.2. • m x a n~ m m~ m~c cu ~m ~w cua m-~ m~• m~ , . , ~ - N n (D w fi .,;rt -'i yr sz ,,C. 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N 7 , ~ ~O C: j`> ~ p<D.~'N ~ ~ `' 7 d 3 x.30 n way 3 - T70 O. ~' m, m _o wmmw ~~ d`G X _. 07 d ~~ O = ~. . - N.' 037 _ D O 3 T N ^(Oy ~°'c3~w ~ ?_Oc ~ ~~ ~ N m ~ m N~; 3 ~ ~~.~ ~ -ncn 0 O N ~•QO.a J ~~X Nom' N - N ~ • 0 ~ ~ ~ N- j ~ N C fD - C1 a ° ° D ~ o3c ~o, ~ 3 c o 3 - -ntn • h ~~ _. _. dd X33 ?°o`$=w _ 0 _ ~ 3~,y•Z$m ' ' w~m-o~3 ,'O N N ~ :s - 9 (D \ _ _ N~ nw 2 x. ., m C ~w3?~3 ~i~m~oc - m 3 ~ 0 wo=;=3 ~ - • m~a ?~ m _ ~~ - N P m m9~xc~ ; m 0 do ~~~~ _ .~ ~~ 1_~ ~J f0 ~. J' N N `~ " .. .. ~. . r.;._...uati is °~ s .. ._ ~;- MERIDIAN CITY-~UNCIL ~_ JUNE 16, 1998 ;fi PAGE 6 ROLL.CALL VOTE: Councilman Anderson -yea, Councilman Bird -yea; Councilman Bentley -yea. MOTION CARRIED: All yea. Rountree: Is there a recommendation? Bentley: Mr. President, the Meridian City Council hereby approves the conditional use permit requested by the applicant for the property described in the application for the conditions set forth in these Findings of Fact and Conclusions of Law but the applicant shall not care for more than seventeen children and that the property shall be required to meet the water and sewer requirements, the fire and life safety codes, the uniform building code and other ordinances of the City of Meridian. The conditional use permit shall be subject to annual review upon notice to the applicant by the City. Bird: Second. Rountree: Moved by Councilman Bentley, seconded by Councilman Bird to approve the request for the conditional use permit for up to seventeen children. All those in favor? Opposed? MOTION CARRIED: All aye. ITEM #4: FINDINGS OF FACT AND CONLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A SECOND BUILDING FOR A FUEL ISLAND BY ALBERTSON'S, INC. -SOUTHWEST CORNER OF W. CHERRY LANE & TEN MILE ROAD: Rountree: Any questions of staff. or Council or of the applicant? Bentley: I have none. Bird: I have none. Anderson: I have none. Rountree: Motion on the Findings? Anderson: Mr. President, I make a motion that Council approve the Findings of Fact and Conclusions and the Meridian City Council hereby adopts and approves these Findings of Facts and Conclusions. Bentley: Second. MERIDIAN CITY (~,NCIL JUNE 16, 1998 ' PAGE 7 Rountree: Moved by~Councilman Anderson and seconded by Councilman Bentley to approve the Findings of Fact and Conclusion. ROLL CALL VOTE: Councilman Anderson -yea, Councilman Bentley -yea, Councilman Bird -yea. MOTION CARRIED: All yea. Rountree: Is there a recommendation? Anderson: Mr. President; I recommend the Meridian City Council hereby decides based on these Findings of Fact and Conclusions of Law~the conditional use ` permit requested by the applicant for the property described in the application. is denied. Bentley: Second. Rountree: Moved by Councilman Anderson, seconded by Councilman Bentley to deny the application for conditional use permit. All those in favor? Opposed? MOTION CARRIED: All aye. ITEM #5: REQUEST FOR PRELIMINARY AND FINAL PLAT FOR 2.67 ACRES (L-O} BY STEVEN K. RICKS FOR MIDTOWN- SQUARE NO. 2 FOR LAND LOCATED SOUTH OF CHERRY LANE AND WEST OF W. 4T" STREET: Rountree: Is the applicant here? Come forth, and it's not a public hearing so you don't have to be sworn, just explain what's going on and answer questions. ???: The project was actually built about four years ago and we platted the project as Midtown Square Park. In the process of obtaining long term financing this year -excuse me, it was platted as one lot, there are now four buildings on the lot and I've got long term financing in place for the first phase which consists of two buildings and as we're dealing with the lender, the lender wanted rather than a meets and bounds legal description on a portion of the one lot, the {ender: wanted us to subdivide it into a specific lot so it would have a lot and block number and it's the only thing that we're doing with this application because of the time frame as Shari said we could file for a preliminary plat and a final plat at the same time which she was kind enough to allow me to do and we had the P & Z hearing last week, there is no opposition all that we're doing is splitting what was once a one lot office park into a two lot office park so we can have a legal description for the lender. There were two;or three very minor adjustments that Bruce asked for on the plat and those have been taken care of and resubmitted to Gary's office today so basically l just need the Council's approval so we can gather some signatures and record it. ' , f • MERIDIAN CITY COUNCIL MEETING: JUNE 16, 1998 APPLICANT: ALBERTSON'S INC. ITEM NUMBER: 4 REQUEST: CONDITIONAL USE PERMR FOR A SECOND BUILDING FOR A FUEL ISLAND AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 6/2/98 CITY ENGINEER: CITY PLANNING'DIRECTOR: CITY ATTORNEY: SEE ATTACHED FINDINGS CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: 1UIERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. i~ Meridian City Council June 2, 1998 Page 23 Bentley: The City of Meridian hereby approves the Conditional Use Permit requested by the applicant for the property described in the above application. Rountree: Second. Corrie: Motion made by Mr. Bentley, second by Mr. Rountree to approve the recommendation. Further discussion? Hearing none, all those in favor say aye. MOTION CARRIED: All ayes. Corrie: I have a feeling that the next one is going to be a little bit longer. If I might entertain a motion that we take about a five minutes recess. Bentley: So moved. Bird: Second. (FIVE MINUTES RECESS) ITEM NO. 12: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A SECOND BUILDING FOR A FUEL ISLAND BY ALBERTSON'S, INC. - SOUTHWEST CORNER OF W. CHERRY LANE & TEN MILE ROAD: Corrie: At this time I'll open the public hearing and invite the Albertson's or their representative to speak first. KEN HOWELL WAS SWORN BY THE CITY ATTORNEY. Howell: Mayor Corrie, Council members, this is an application for a conditional use permit for a second building for a fuel island at the southwest corner of W. Cherry Lane and Ten Mile Road. I have here with me tonight some members from Albertson's, Inc. who has questions arised from the council and mayor may ask them to appear and address some questions that I myself wouldn't have the exact testimony to provide to. I'd like first though before~getting into the recommendations from the planning and zoning commission below to talk a little bit about how we got here. As the agenda notes tonight, this is not a conditional use permit for a fueling station at this site. This is a conditional use permit for a second building for a fuel island. The reason for that is that this site is zoned C-N, which expressly allows convenience businesses, which meet the daily needs of residents of immediate neighborhoods, including gas stations, and- those are permitted uses. We applied for a conditional use permit on this site because P & Z staff determined that this could be a second principal detached building and not an accessory building under Meridian City Code 2-405 subsection G. It's our position Meridian City Council June 2, 1998 Page 24 especially given the marketing of the fuel station on this site and in general for Albertson's fueling stations expressed that this is in fact an accessory building and that no CUP is needed. Obviously because of the staff decision that's why we're here and why we're here upon appeal.. The definition of an accessory building under 2-403 is a subordinate building detached from but located on the same lot as the principal building. The use of which is incidental and accessory to that of the main building or use, and as afacility for the sale of gasoline as incidental and occasional to other sales from the Albertson's store. This development thus should not need a separate conditional use permit as I've stated. Because of that decision of staff, that's why we're here now. I'm sure there's some other folks here signed up to testify tonight, so unfortunately I don't think we can have this, matter resolved on by that basis so I'll proceed, but I will try to be brief. The Planning and Zoning Commission below found in the Findings of Fact before you found that this development is not harmonious with the comprehensive plan and Meridian City ordinance. due to primarily three things. Those are first the color scheme for the proposed fueling station. Second, a concern of traffc flow on site, and third a concern about noise, fumes, odors and glare that they would be excessive on this site. Our contention is that the state of the record below does not support these conclusions, and that the testimony presented here today in fact indicates that will not be the case. Obviously Albertson's agrees as with any development, there is and should be a concern over the requirements of Meridian ordinances regarding noise, traffic, odors and glare. However, I'd tike to emphasize that a concern over those items does not equate to a denial of a request or that facts are established which mean that that concerns' met. We are also concerned here because the generation of excessive traffic,. noise, odors and smoke would materially effect our retail grocery operation on this site, and we have a vested interest in assuring that those things simply do not happen. While I'm talking about concerns, I must note for the record a concern over the procedural circumstances of the drafting of the Planning and Zoning Commission's Findings and Conclusions below and I certainly don't mean this pejorative, but I must note this for the record. There was only one witness who testified below as to a concern about any of the activities on this site. This is a neighbor, Bob Charters, across. the street, across Cherry Lane from this site. Mr. Charters testified that he was concerned about generation of gasoline fumes from this site. There was no other public testimony. However, Deputy City Attorney John Prior did note from the bench his concerns in that he lived near this area and that he was concerned about traffic, about noise, about odors and the like, and the Planning and Zoning Commission without specific testimony on the record directed that Findings of Fact and Conclusions of Law be drafted. Those were drafted, and they strongly reflect the concerns addressed by Mr. Prior. We have a concern as to this procedure in that 1 think it's suggests that the` state of the record below doesn't establish substantial and competent facts, which address the issues which are before you in P & Z's recommended FindingsFand Conclusions of Law. The primary issues though are those three identified and those are first concern over color. The Findings of Fact and Conclusions noted that the color • Meridian City Council June 2, 1998 Page 25 scheme and construction materials would not be harmonious with the appearance and character of the,general vicinity, this is found in paragraph 8C of those proposed Findings and Conclusions. The ordinance section 2-418 C3 .provides that a development must be harmonious and appropriate in appearance with existing or intended character of the general vicinity and that the development won't change the essential character of the area. It's our position that this proposed fueling station in particular, with regards to the color scheme is not inappropriate to the character of the general vicinity. The statute does not require that the appearance be identical to the surrounding vicinity, it only requires that it be compatible. We have over here a graphic and I'm going to step away from the microphone for a minute to set this up. Hopefully that will stay without falling off. Now I want the Council to know I liberated my cat's favorite toy to use tonight to kind of point some of these things out so -you'll note that the I'm pointing out the Albertson's Express logo and the color scheme is substantially identical to the normal Albertson's corporate sign and color scheme, that's certainly affixed to the sign exterior to the building and on the building face itself. The principle store of the building where the grocery operations are carried out is block construction below with some stucco above however the color scheme of the fueling station is compatible and does tie in with the signage, color scheme and corporate logo of the Albertson's grocery store and this would be our position that this is in fact harmonious and appropriate in appearance with the existing general vicinity, granted it's not identical, enter in reason that it is not a stucco frontage but the ordinance does not require that, it merely requires that it be harmonious and it's our position that it does. This is important to Albertson's for primarily the reason that these A Express stations are being rolled out across the county, Albertson's would for marketing purposes want to maintain a uniform appearance for branding purposes so that a customer will identify this look with° an Albertson's Express site, second that it's a metal construction rather than stucco, metal being a relatively clean appearance, it's certainly easy to appear easy for maintenance to hose it down or wash it off rather than a stucco appearance which P & Z seemed to have a preference for in that stucco is something which degrades more readily over time and is more difficult to maintain and keep a clean and fresh appearance as this would be beyond the fact that this is kind of the industry standard for the way fueling stations are constructed with this metal canopy. There was a recommendation by Planning & Zoning that the kiosk, just this portion right in here where the attendant will sit, be constructed out of something other than the metal siding, that's something Albertson's is certainly willing to consider and work with whether it be a brick or block masonry facing material which is similar to the main building on the site, that's something that we can certainly try to accommodate but as respects the canopy we do have some substantial concerns that requiring stucco on that as P & Z seemed to want, the" canopy being this portion just up the top, Planning and Zoning Commission you can read some of the public comments in there from the Commissioners that they wanted that canopy to be stucco as well, that doesn't fit and from our position wouldn't be harmonious with the balance of the signage on the site and moreover is more difficult Meridian City Council .tune 2, 1998 Page 2s to put up and degrades more over time. Thus it's our contention that this development as proposed is in fact harmonious with the general site. The second concern is that of traffic, ACHD determined that there would be approximately 350 new trips generated to the site with a total of 7100, meaning that as a result of the construction of this fueling there's going to be an increase in ;trip generation of approximately 5% -- 5 %s%, or slightly less than that, 5% on this site and that fits with the general marketing plans for Albertson's Inc. for these A Express fueling stations. The~primary purpose of these stations is to market to Albertson's existing grocery customers, approximately 85% of which I can't say are single women but they are unattended women, meaning they're there on their own and as they come into the site and use the grocery store they can also fuel up without having to drive down the street and make another stop further on. This particular location I think the nearest other gasoline station is one mile to the east which is a Maverick store, I think it's the corner of Linder and Cherry and the nearest to the west is the Cheese Factory which I think is more than a mile and maybe even a couple of miles out, so f think this meets very nicely the requirements and concept of the C-N zone to concentrate neighborhood uses in a particular area, reduce trip generation and basically result in kind of a one stop shopping. The concern about traffic though expressed by the Planning and Zoning Commission paragraph 8H says that it's not the total traffic in and out of this site which is the concern rather it is the flow on site and I'll have to be frank with the Council that that issue is not very well developed in the record, I was not present at that hearing but I have read all of the transcripts and the materials which were there, it's not very well defined what was being talked about, it's our belief that the concern was over cueing and if I can point this out a little bit, this fueling facility is located here at the northwest corner of the site, it's located at the entrance to Cherry Lane. Note that the fueling station is located in an east to west fashion with three fueling stations of two sides each so a total of six fueling locations there. The reason why it's sided east to west like this rather than north to south or in some other orientation is that as automobiles come in here they can cue immediately to the side on both sides rather than being stacked up horizontally out in this fashion and so it's our- belief that this orientation of the fueling station in fact improves traffic flow on the site. There was also some. questions as to why the site isn't located over herein the north east corner of the site, the reason for that is that in our view materially impacts traffic flow on this site and impacts pedestrian safety, the main entrance to the Albertson's store is right here and as everyone knows when you go to find a spot to park grocery shopping you park as close as you-can to the front door thus this area in here becomes the primary parking and `as parking fills up it fills out in this fashion, the north west corner is thus the least used site for parking and it Leaves open this area for parking in the store, reduces cars having to come in and travel in through here and thus possibly causing congestion with pedestrians moving back and forth from their cars and pushing grocery carts and the dike so it's our belief that this orientation and location on this site actually maximizes the traffic flow optimization and improves it to the best we can do on this site. Finally that traffic flow should be enhanced by the marketing Meridian City Council June 2, 1998 Page 27 concepts for these A Express fueling stations and that is it's part of the~marketing plan that customers can pay for their fuel inside the grocery store when they purchase the fuel and if they do that they get a discount on the gasoline purchase price therefore there is an incentive for people to come in and do their grocery shopping before they get their gasoline or at~least come into the store to pay for it to get a discount on the gasoline cost .and that's what we'd ought to see based on that marketing plan is more trips down into the store first with getting gasoline on the way out of the site rather than cars simply ducking in to get gas and leaving on the site, obviously that. will happen and we think ACHD's probably about right in it's estimation of 350 additional trips per day for that. Finally Pd note that as far as the record below is concerned there was no adverse testimony on traffic merely an expressed concern. Two other issues, one is glare, there was an expressed concern. in the recommendation from P & Z that this would generate excessive glare, I think the track record of Albertson's on this site and expending significant additional sums and lowering the overall light standards in adjusting the lighting in response of neighborhood concerns should speak strongly that Albertson's itself is concerned about the glare on the site and the impacts on the neighbors. A couple of important facts here to note and also here tonight is Kent Store from Leonard Corporation is the supplier for the materials on this site and also the supplier for the gasoline operation is that this western side of the fueling station contains no lighting, there is no lighting which is going off site from that side. The balance of the lighting on this particular kiosk is all downward focus, downward cast and downward adjusted and even as the alternate recommendations from the Planning & Zoning Commission below note that this is -we're required to meet the Meridian City lighting- requirements and certainly we are committed to do everything we can to reduce to a minimum the glare from this location so basically 1 don't think that's a concern at all and I'd also `note that there wasn't any testimony in the record at all regarding glare even though the Findings of Fact and Conclusions of Law indicated there would be excessive glare generated. One final point and it's that regarding the generation of fumes, odors and smoke, there is no testimony in the record below about the generation of fumes from the site and 1 would again refocus the Council on the point that the operation of a fueling center on this site is a permitted use, there is no need for a conditional use for that concern but that point aside it's certainly to Albertson's interest not to generate excessive or any fumes or odors from this location in that that materially impacts the ability and willingness of customers to come into the Albertson's store not to do their grocery shopping if the place always smells of fumes. There was some testimony as I indicates! earlier from a neighbor across Cherry Lane here who has a backyard who testified that he was concerned about the generation of gasoline fumes which would impact his ability to hold outdoor barbecues and I'd submit that if we've got fumes coming off of that site in that concentration across the street we've probably got an explosive situation at the station, something else is wrong and that's certainly not the way the site's going to be operated.• The general experience of Albertson's with other sites at this location I think the general experience of anyone around fueling stations k' •_ Meridian City Council June 2, 1998 Page 28 such as this is that there simply isn't any excessive generation of odors off the site from fueling operations that is customers fueling gasoline into their cars. Regarding any expressed concern about fueling from refueling of the station by both trucks causing a concern we have the representative again here tonight from Leonard Equipment that will talk about that. The fueling contractor on this site we'll use what's called a zero vapor or no vapor emission system where as the -and it's all gravity fed, there are no noisy pumps or anything running from the truck but as the truck couples up to the tanks and that's kind of in this pad location right here, as the truck couples up to the tanks as the.fuel evacuates from the truck another pipe evacuates the vapors back up into the truck so those are all removed from the site and there's as the name implies hopefully it's 100% zero'emission on the site so that shouldn't be a concern either. I.think that's it for the items which were addressed by Planning & Zoning Commission below and the recommendation to you obviously I stand ready for questions or to,the extent I can't answer them I'd certainly ask some of the Albertson's representatives here tonight to answer those questions, I would though just like to reiterate again the whole reason we got here is not because of the fueling operations on this site, that's a permitted use in this zone, the concern is really rather whether this small 70 square foot kiosk located on the Albertson's Express fueling location site is another principle building or whether it's merefy,an accessory building. If there are any questions at this-time I'd be happy to try and answer them. Bentley: Yes, I've got several questions for you. How come your kiosk isn't designed like the one in Eagle? . Howe1L Mr. Mayor, Councilman Bentley, the reason why the kiosk isn't designed like the one in Eagle is because there's a different store design. The store design in Eagle was done the way it was principally because of the requirements of the City of Eagle and the. kiosk was designed to match the store, that's not the concern at this site, the kiosk is designed with respect to the signage to match the store and the kiosk itself in the construction of metal materials is designed to mask that corporate image issue that I addressed earlier. Bentley: But my problem with your colors on that it looks like it's just an oversized sign rather than being just a kiosk. Next question I've got is how many parking spaces are you losing to your fueling island? Howell: There would be sixteen parking positions lost even with those parking positions lost this siting still meets the applicable parking codes, there was at least sixteen extra. Bentley: But your parking that you have north of that on Cherry Lane is going to be useless. • Meridian City Council June 2, 1998 Page 29 Howell: You're talking right in here? Bentley: Right, it's going to be unusable space when you have traffic coming in people will not use that because they won't be able to get out. Howell: Certainly the principle parking for the store facility here as t indicated .before over here in the north east region to the extent that there's all those .spaces are full I don't see any reason why parking couldn't be used there, obviously it's going to - I'd agree with you, that's going to be parking of last resort but it is available parking for the site. Bentley: Are ali your stores, your side stores to the west, are they all occupied at this time? Howell: Once again, I'm sorry. Bentley: Your additional stores that you have to the west of your Albertson's store, the pizza parlor and all those places, are all those buildings fully occupied now? Howell: I don't know that and perhaps one of the Albertson's folks could answer that, don't know. -- I'm being told no but I don't know that. Bentley: Okay. How are you going to remedy the -you say with your layout. of your pumps that you won't have a stacking problem but I see you're going to have a stacking problem because you're going to have people pulling in those pumps from both sides and your stacking problem is going to some out over your main exit, your only exit on Cherry Lane, how are you going to alleviate that or control that? Howell: There was some comment by ACRD that in addition to signage, a stop sign in this location that there also be some barring some paint stripes put in there. I think the natural flow of this site would be such that cueing is minimized by this orientation and that any`other orientation on that site would impact cueing. Bentley: Where is your building line in conjunction with the storm drain pond? Howell: Mayor, Councilman Bentley, that was a concern addressed below, there are some storage -drainage storage facilities located in this area, through conversations, which are reflected in'the record with the architects and DEQ, I think that was addressed that they're confident that they can meet any requirement for the relocation of those -storm drainage so that it won't impact the 'site. • Meridian City Council June 2, 1998 Page 30 Bentley: How about the sewer and water easements? There are not sewer easements a{ong that edge up there? Howell: I don't think this fueling location site impacts any of the sewer or water easements itself. E` + Bentley: Thank you. Corrie:~ Other questions? Anderson: Mr. Mayor, on this the kiosk is the small building? Howell:- The kiosk is this little attendant booth that is about 70 square feet underneath what we call the canopy at the top. Anderson: I don't know if I read it in the Findings of Fact and Conclusions or where I got it-but somewhere it was suggested that possibly making that a little bit larger to sell soda pop and chips, is that a possibility or it's not or - Howell: Even within that sma{I 70 square foot there is a plan for some very limited retail sales of items which would be attendant to a fueling operation such as oil, such as ice scrapers, things of that nature, within 70 square feet there simply isn't enough room to stock much material, there's no plan that I know of to expand that beyond that current size. Anderson: And the top view on the° right hand side there just shows two islands, there's actuallye three islands? Howell: ~ Mayor Corrie, Councilman Anderson, yes that's right, it actually does show three, there's one here where the little car is, there's another one there and ,then there's one there. On this -yeah, if you look at this layout there, here's the kiosk and then one in front of it and behind it, there are I think two in front of it, there's a fueling location as well so there are actually three, there's one here that you aren't seeing from this view because the kiosk blocks it but there are three. Anderson: And the overall height of this awning is somewhere fourteen, sixteen? Howell: I think it's seventeen feet. Anderson: So there'll be quite a bit of lighting in there directed downwards? Howell: All directed downward yes. • ! Meridian City Council June 2, 1998 Page 3~ Anderson: And if my memory serves me correctly this whole area of the parking lot's kind of low, I mean it's bermed around there and that whole area is kind of recessed three or four feet. Howell: Yeah, it's tough to see I'm sure from where you're sitting but if you could see the berm here and as you come in it down a little bit yes from the street. Anderson: And your current drainage for the parking lot now is the retention for that is that back behind the building? Howell: I'm not entirely sure, I believe it's actually located underneath, I'd have to defer to Paul Lawrence or to Graig Slocum for that Councilman Anderson, I don't know. Anderson: I guess in my other life I'm a firefighter and I know accidents happen and quite often there's fuel spills that accompany gas stations, I'm just concerned about where that's going to go, if it's a retention pond that's on site or if it's some underground storage in the form of drain rock or what that is. Howell: Yeah, Mayor Corrie, Councilman Anderson, that's certainly something that concerns Albertson's as well not only from the concern you expressed the fire hazard but also because of the environmental and DEQ concerns: Anderson: And there is a nearby canal just back behind this facility too so -and the primary reason for not going to the north east corner is traffic is that your concern? Howell: Mayor Corrie, Councilman Anderson, that's our concern is that actually on this side if we go up here to the north west corner it worsens traffic flow because you've got cars coming in here off Ten Mile right past the entrance which are going to be coming up this way which impedes the pedestrian flow, people going out with shopping carts, that's right. Anderson: Right now most of the Albertson's employees and the two of the retail shops that are occupied to the west, those folks park over on the far west side of the property and I don't know if you have tenants lined up for the other two retail spaces that are available there but (end of tape) - Howell: -- and with the parking spaces removed for the construction of this fueling center the parking does meet all applicable codes. Anderson: I have no other questions. Corrie: Any further questions at this time? { Meridian City Council June 2, 1998 Page 32 Bird: I have'none. Corrie: Anyone else who would like to issue testimony at this time? Yes sir? Crookston: Would you state your name and address please. Kelly: Stanton Kelly, 3492 W. Fir Creek. STANTON KELLY WAS SWORN BY-THE CITY ATTORNEY. .Kelly: Well I'm hearing all of this and I don't have a fancy pointer but I'd like to point where I live on this map. 1 about six, seven months ago bought a house that was in a cul-de-sac it's Fir Creek Court, I should have said Court, right there two story house and if I'd have known they were even considering putting a gas station practically in my backyard, I wouldn't have bought it, I don't think anybody would buy it with this view. We've all seen, I heard about the lighting but we've all seen these type of stations and the lights that are under here are -this will be eye level to my master bedroom and you know really, if Albertson's wanted to be honest about it they would have applied for this when they applied for this but I think they probably knew that you wouldn't get this if you put this'in there and the reason I don't know, the only reason I can see from moving it .from here to here is because it's probably a damn eyesore for Albertson's in front of their building also and (just -late night noise and everything - I bought it in a residential .neighborhood you know the house not thinking it was going to be noisy all the time .and Ijust - I know it makes a lot of money for.Albertson's but it certainly doesn't help my property value one bit. The same thing, (think the same thing we know the controversy probably some of the controversy that happened, Albertson's did the same thing in Eagle, first they put in the store and then they come back and want to put in a gas station-and you can calf it fancy terms or whatever but it's a gas station with doors slamming late of night, with cars coming and going, boom boxes, lighting, the whole thing and I just.feel like if it was a bank or a dentists office or a doctors office I wouldn't have any complaints but a .gas station, a bar or whatever that goes atf hours of the night t just don't - I really strongly protest, I don't have the money to get a lawyer yet but you know if this proceeds maybe the homeowners can come up with something but I'm real discouraged about buying a new house and then having a gas station put in my backyard practically that I don't think anybody would buy a house if they knew that was going to happen. Thank you. Corrie: Thank you Mr. Kelly, any questions Council? None? Okay, thank you Mr. Kelly. Anyone else? Yes Ma'am? Crookston: Would you state your name and address please. ~~ Meridian City Council June 2, 1998 Page 33 • Christman: My name is MaryAnn Christman, I live at 3440 Elm Creek and Parkside Creek directly behind the Albertson's. MARYANN CHRISTMAN WAS SWORN BY THE CITY ATTORNEY Christman: Can I use your fancy pointer? Howell: You bet, just leave it over there for everybody, it's the little button on the side, don't hit yourself in the eye you'll - Christman: As long as it doesn't blow up. Howell: It won't. Christman: I live directly back behind this canal here and I represent basically approximately 40 people who I have spoke to who also live along this street directly behind this canal here both on the homes that back up to it and across the street as well. I have spoke to all of them just about and got all of their feedback, I have to tell you that 1 was the one that was involved in Albertson's in getting the lighting reduced from the'situation that it was before when it first went up because I not only lived in the neighborhood at the time because at the time I was across the street renting while my 'house was being built and the lighting was hitting the master bedroom across the street approximately three streets away so I was very much involved with that process and getting that taken care of so I'm pretty much in tune to what's been going on here and I am very.. concerned about this gas station that I - I mean to me it's a full fledged gas station. 1 have to tell you that everybody thaf I've spoke to first of all there's been a real confusion as far as exactly where it was located and what the circumstances are, for example what-hours are they proposing? Nobody knows about the hours, is it going to be the same hours that the store is open now? So there's a concern there. Everybody that I have spoke to does not want it where it's located, they feel where iYs located is a real major concern. When The Statesman contacted me yesterday I indicated to them that I-and others did not feel it was going to be a real problem as long as it was located in the opposite corner which is the north east, it seemed to be a general consensus that that was okay as long as they understood exactly what was involved as far as hours and some other circumstances. As far as the lighting issue, we were real concerned about that because the gentleman that spoke earlier from Albertson's said that their lighting met all .the requirements, well he wasn't the one that was sleeping in the houses behind the store, I don't know what their requirements are but we felt like we were sleeping in a football field so if he's saying that this building is meeting the lighting , requirements I can tell you that it was a real serious problem before so I have to tell you that there are several people who don't want it, absolutely don't want it and are real upset about it and there are lots of people who are saying they will not accept where it is • Meridian City Council June 2, 1998 Page 3a CJ now absolutely but may not mind it being on the other corner. He talked about the traffic situation, well I can tell you that I shop there regularly and I can tell you that a whole lot of traffic comes in here and there is not everybody has occupied this building here as #ar as businesses, there's only a couple of them and 1 see a lot of parking going. on in this area, I've observed that a lot and I am also a real estate agent and have been for many years and I can tell you there's a tremendous amount of growth out in this area so my concern is there's going to be a lot of people coming down this way, going in here in this general area as far as traffic. What I'm also very concerned about and many of the neighbors that I have talked to are as well, I did at one time rent across the street in Cherry•Lane Subdivision, I have a thirteen year old daughter that I occasionally send across the street to pick up milk for me and bread, my concern is that if it's located here and this was express and I unfortunately haven't heard this from Albertson's or anybody so far tonight and I'm a little upset about that, I'm concerned about the safety of the children who with mom's like me will send our kids across the street to pick up milk and if this building was over here I'd feel a little bit better about it because as we know kids don't always go down, cross the crosswalk, go back over this way and down you know so with this building here I think with all the growth out in this direction, a tot of traffic coming from this direction going in here to maybe just fuel up that these kids coming from over here to get milk and bread for mom may not always cross the crosswalk and that's a real concern to me, if this building was over on this side we feel that the kids would most likely you know not have encounter as much traffic, that perhaps some of the traffic getting gas would come up this way or down this way but that is a real issue too. Another thing that we're concemed about is you know I'm not sure what this Eagle situation is like, I haven't been out there to look at it but 1 do know in remembering driving by there, the Eagle store does not have the residence around it that this particular store does from what I remember I mean we've got a lot more residence around this particular store and so I think that that is a bigger concern than what the Eagle store in encountering and as far as the noise 1 think there's going to be a lot of noise that's encountered in that situation, you've got a lot more homes that are a lot closer to this that are literally -this fellow that spoke that's on Fir Creek, I mean you can probably throw a rock and hit his home and maybe throw it a little bit harder I mean my home is like right here and t 'm concerned again about the lighting problem that we had before and I know a lot of these people are concemed about the lighting problem and l think he's correct, they say oh, the lighting's going to point downwards welt, I think there's just going to be a glow there and we have enough night lights in our bedrooms as it is with the existing lighting so - and I would like the -see if we can find the answer as far as what kind of hours that they're proposing but for the general consensus of all the people that I have spoke to on the street is either we definitely don't want it where it is now and we're real upset about that because the exposure things I spoke about and some people may not mind it if it was over on this corner because with the pizza place and all the traffic going on here as well as the entrance to Atbertson's-being on this side, the other businesses being on this side, now the gas station on this side, growth coming Meridian City Council June 2, 1998 Page 35 a lot from this side, to us it's just a potential major problem and hazard to our children and to the noise level and all the traffic and whatnot. Corrie: The gentleman in the back here I believe was~getting up. Yes? Crookston: Would you please state your name and address. Charters: My name is Bob Charters, address is 3280 Sugar Creek Drive which is located right there on that corner, the doctor's office behind me. BOB CHARTERS WAS SWORN BY THE CITY ATTORNEY. Charters: Number one, I got 32 signatures here if it means anything I'll turn them in to you. Those are from people around Sugar Creek Drive area. One of the people who -live on Woodmont, 3300, ! .understand that their child was hit crossing across the road there. I -have a question for Albertson's number one, I listen to the ads on the TV and they always say this=is your store, is this false advertisement because we're concerned about it and they still want to build it there, Idon't -you know if it's my store then listen to what the public says. In reference to fuel service stations there is a Maverick at Linder and on up the road another mile is a Circle K on Cherry Lane, over on Franklin there's an Amoco, there's a Texaco and a Farm Store on Meridian and Overland, there's another Phillips 66 being constructed on Fairview, a Texaco on Fairview and a Standard down at Fred Meyers. I don't see that we need a service station at this location°to improve Albertson's income which would devalue the property of our homes. There's a school crossing that should also be considered down about right here and with the increased amount of traffic and children crossing that crossing to go to and ;from school with the 350 extra cars I think would be very detrimental to our,children. I don't have any children, I've got mine all raised but I've got grandchildren. It is my understanding that this will be build and they've already brought it out that there is a drain field and it does drain right'there because I went over and checked it out, it is a runoff for rainwater but it goes into the sewer or where it goes I have no idea and the fact of fumes, if we smelled fumes you'd have an explosion, there's a lot of myth in that because you can smell gas fumes, you have to worry about your flash point and fumes aren't going to flash if they're not realty bad but you can still smell them. It's my understanding that Albertson's was given a permit with the understanding that there would be no gas station built and now they're trying to get the gas station. They tried to put a Circle K in right behind~my house and the people in that part of the subdivision got an attorney and went to court and got it disqualified. It's also my understanding that`the City of Meridian does not want service stations on either one of those four corners at the Ten Mile and Cherry Lane so I'd~appreciate it if you'd deny this. Thank you. Corrie: Is there anyone else? Yes? • Meridian City Council June 2, 1998 Page 3s Crookston: Would you state your name and address please. Shelton: Kenneth Shelton, 3225 W. Woodmont Drive in Meridian. KENNETH SHELTON WAS SWORN BY THE CITY ATTORNEY.. Shelton: Mr. Mayor, distinguished members of the Council, a little over three years ago I was standing before this council for the same reason I'm standing here now. Some faces of the council have changed, the players have changed but the people in the community and the location are virtually the same. The point of focus has changed but a little over 100 feet from where it was three years ago. I'm referring to the property just north of the property in question tonight. It was also requesting a variance to put a convenience and gas station on the old Fuller property. As I see it today the -very same reasons for refusing to grant that variance back then still hold true today. They include: depreciation of property values, depreciation of character of the neighborhood, health hazards including gas fumes from pumps and tank vents and from cars waiting to gas up or cars left running as drivers run into the convenience store just for a pack of cigarettes or a beer. This also increases the crime rate from those cars being stolen left running, loitering, increased glare from additional lighting which has been a problem in this parking lot from the start, until the doctor's office was built I could still read my paper in my living room at midnight without the use of artificial light. The problem in this parking lot due to overcrowding my wife informed me at 4:00 this evening the parking lot was virtually full. Loss of privacy from increased traffic and noise levels. I have several letters from neighbors in the area who were opposed to this kind of business back then and still are today. I would like to draw your attention to one letter previously submitted in particular from Miss Judith Lu11ey. Her letter is of a personal experience having lived next to a gas station convenience store for a number of years. Her experiences include excessive and unreasonable levels of noise, boom boxes blasting at all hours as people gas up, repeated vandalism to her property, people loitering, kids smoking and fighting. in the parking lot and excessive accumulations of trash and debris on the premises subsequently being blown by the winds on surrounding properties. Yes, the faces and the location have changed from three years ago but the problems we face are still the same. The 180 people who signed. the previous petition against that very same cause then are still valid and the same today. That is why I and those who have spoken in the past, respectfully request that you deny this request for a variance as you did in the past when the quality of our life in our community has been threatened. I thank you for your time and consideration in this matter. Corrie: Thank you Mr. Shelton. Any questions Council? Thank you very much. Crookston: Just state your name and address please. Meridian City Council June 2, 1998 Page 37 CJ Lovan: My name is Wally Lovan. I live at 3415 Cherry Lane. WALLY LOVAN WAS SWORN BY THE CITY ATTORNEY. Lovan: Mayor and Council, I stand here, I was misled in the first letter that I received, I thought the service station was going to be built in the north east corner of their so called lot no. 1 which was wrong, I should have read a little longer into it. Right now I do back the finding of our P & Z. 3415 is right here, my front room is right here, I'm forty- feetfrom this right here. I'm sure that I'm going to receive lots of noise, ACHD expressed. that there would be approximately 350 cars per day, 350 cars per day banging their car door right in my back yard, right in my living room is a little bit much, there's quite a few banging right now. There are other problems that is with my property, Albertson's and myself, my property has about an acre and a half, it is zoned commercial and I run along this ditch line and out in front here. According to ACRD, Albertson's and my property has to have a common crossing. I have a finding right here in my file where at one time Albertson's said the common crossing would be right here between my property and their property. There is also in the -ACHD also required Albertson's to place a cross road where the cross road would be because they are adamant that it will happen and it shows nothing here about a cross road. I can't make myself believe that this is a proper spot to do this, there is too much opposition from my neighbors, I worked in a service station when I was a kid and there are some things that they have fixed where fumes and stuff are not as high as they are today but I cannot make myself believe that they can take care of all the fumes and everything. My carport is right here and about three or four nights a week I go out there and barbecue so I highly recommend that the councilmen here that they do abide by the recommendation` from P & Z and what more can I say. I am also concerned with the hours that will be used with the car banging and the boom boxes and everything that I hear now is going to be much, much closer to me. If is starts at 6:00 in the morning when they open the doors, I don't know what time they open the doors, I'm sure it's going. to be almost unbearable to live there, it is zoned commercial and it will eventually be sold as commercial property, hopefully it can be of something that the neighborhood could use, right now I have a full size bank trying to buy me out, I have a hardware store that's trying to buy me out, I have a dentist that's trying to buy me out, eventually I will be selling and then I won't have no problem with Albertson's. Another thing that bothers me deeply with this.. plan here that they have, incidentally right in this point right here they have a large, large water collecting storage bin under the asphalt and that's where it's collected. Another thing that concerns me is also water and sewer. Albertson's and I have had discussions about this before and I am on their sewer line and my recollection of the sewer line that was put in smaller than was recommended by one of our staff members over here behind me, now is it going to handle the other four stores in here and this? f think that's something that needs to be checked into also. Outside of that, I don't have too many quarrels with it. It would be better if they are going to have it, Meridian City Council June 2, 1998 Page 38 it would be better here. I can visualize a cross over road between my property and here somewhere along in this area with~350 cars trying to get across it every day. I thank you. Corrie: Anyone else? Yes? Crookston: Would you state your name and address please. Erdman: My name is Leonard Erdman and (..live at 1212 North Cedar Creek Place in Meridian in Parkside Creek Subdivision. LEONARD ERDMAN WAS SWORN BY THE CITY ATTORNEY. Erdman: Well I would just like to say that I don't want the A Express there. I think it looks very - I really believe it's going to devalue my home and I have concerns about safety such as spills, fires, also we all know that gas stations are the object of burglars and I don't want -they're just easy to rob and I don't want a burglar running through Parkside Creek. Also, this is Cherry Lane right here and we do have a center turn lane right here and then coming from this way we have a median right here and the median dead ends about right here and of course there's a light right here so if you're going to be having.. traffic come from this way and they have to go past the median and pull in here-arid there's only a short distance right here in this turn lane right here and if you have people coming from this way and people coming from this way well I see it creating like maybe a possibility of having a car accident right in here from people coming~through the {fight and then having to stop to get in this center lane to turn right into here. Also you're going to have "people coming from Ten Mile this way and instead of going up here to the light and turning left and coming in they're going to come in here and they're going to jet right through here or here and I have noticed just within the last six months when I come to shop here this parking lot is getting fuller and busier all the time and so I would ask you to reject Albertson`s proposal for this gas station, thank you. Corrie: `'Yes sir, back in the back: Crookston: Would you state your name and address please. Shin: My name is Guy Shin, I live at 3539 W. Fir Creek Court. GUY SHIN WAS SWORN BY THE CITY ATTORNEY. f Shin: I guess myself and many of my neighbors are not in favor of this plan, I see several things wrong with it, I can understand and fully appreciate Albertson's wanting to i Meridian City.Council June 2, 1998 Page 3s • come into the community and do a service and of course make a profit but I think that this is perhaps not a good plan. The gasoline fumes although the tanker truck might have a sealed system where when they put the fuel in they take care of the effluent gases, all the vehicles that come in there during the day as we pump our tanks full the effluent gas comes out and of course gets into the air and if we think about an additional 350 automobiles plus maybe 150 already that's going to be at the store and fueling up so .maybe we have 500 more vehicles a day given a fourteen hour period, that's a vehicle every two minutes approximately filling up, that's a lot of effluent gas and that's not talking about the gas that it takes the exhaust thaYs emitted while that vehicles sitting there idling, waiting for another vehicle to move out of the way or a truck that comes in at 2:00 in the morning to fuel those tanks up, while that diesel's there for 40- minutes until he gets clearance or the key to unlock a cap to put some fuel in. I think another area of concern is there's a couple of vacant shops yet, businesses-will be moving in there, they're going to generate a healthy business I'm sure, they'll need parking spaces, they'll have quite a traffic flow in that area also. I think probably a better area would be the north east corner but really and truly I would like it if it were not there, I think,that maybe perhaps we're trying to squeeze too much business into that shopping center, there's only so many square feet there, keeping in mind that everything west and basically south of that shopping center is residential, it's right in the heart of a residential neighborhood, putting a little bit too much in there is going to put a little pressure on that area I think. I think one of the neat things about Meridian while we're experiencing some growth we still have room to walk around and not have to stand in line for everything, I like that and I'd like to keep that in the community and I would urge that perhaps this plan not be passed and I thank you for your time. Corrie: Anyone else? Yes sir? Lauber: My name is Lowell Lauber, I live at 3431 W. Elm Creek Drive. LOWELL LAUBER WAS SWORN BY THE CITY ATTORNEY. Lauber: t live across the street from Mary Ann, I face north and I get to Took at this wondertul Albertson's building all the time but I can still see around the corner of it right where that gas station's going to be. When I bought my home two years ago I knew Albertson's was coming that was fine, I agreed to that, I did not know a gas station was coming. E I don't think I want to sit in my living room and look out my window and look at a - it's a plain old cheap gas station any way you look at it. The last two letters of notices of meetings we got and the map that came with them showed that in the north east corner, I didn't know it was moved until tonight. If it's in the -north east corner out of sight, out of mind then I wouldn't care, right there no, it's a residential neighborhood and I don't think anybody can sit and look at it. Thank you. • Meridian City Council June 2, 1998 Page 40 Corrie: Anyone else that wishes to testify? Yes ma'am? Johnson: I'm Jean Johnson, 1955 N. Aronmink. JEAN JOHNSON WAS SWORN BY THE CITY ATTORNEY. Johnson: I'm not aspeaker so - I'm just appalled at Albetson's, I thought they were our friendly neighbors and I think this is terrible, I don't want the gas station anywhere on this corner. I live two blocks across that little open way so it's not like I have to look at it I just think it's awful for `the neighborhood and if I could get petitions to sign I'll be out walking with it. Corrie: Thank you. Anyone else? You get one crack at it, we don't want to be here all night, we have -; Albertson's can make a rebuttal if they wish and they're the last word here so pick whoever you want. Crookston: Just state your name again. Howell: Ken Howell and I recognize i believe I'm still under oath. Mayor Corrie, Council members, I'd like to address a few of the concerns that were raised by some of the neighbors tonight. I'd like to re-iterate at the outset. This site is zoned C-N, it is zoned for the use which includes fueling stations such as this and convenience stores including the sale of gasoline. It's zoned especially for this purpose to serve small neighborhoods to cluster neighborhood uses in this site thereby eliminating traffic flow elsewhere such as the concern that was expressed by a number of the witnesses testifying about traffic flow along Cherry Lane and concerns with children crossing there, not only the school crossing but also those who don't follow the traffic ordinances and cross the center of the road rather than following the crosswalks. So the overall concept and purpose behind this zone and this type of use in this zone is to cluster these sort of sites together and thereby minimize traffic and minimize traffic flow and I think that's exactly what this site will do and I think that's what ACHD's traffic study would indicate that itwould do. First regarding the underground drainage part, while people were talking I did flip back through. the materials and I believe the City Council's packet will reflect the correspondence from the City Engineer's office which indicates that they have worked and talked closely with the architects on this project and do not believe that there's going to be a concern with relocation of the drainage facilities, there is a necessity to relocate those drainage facilities if this fueling station is puf in that location, that's something that A{bertson's is committed to do and will do so in a fashion that does not raise a problem with drainage on the site. There was some concern expressed regarding that Albertson's should have applied for a gas station and a grocery store both at the same time. This site is zoned for both, being zoned C-N there was no need to apply at the site and actually it's our position that since this is an Meridian City Council June 2, 1998 Page 4~ ancillary building and not a primary building on the site there really isn't even any need to apply for a CUP permit to begin with. Regarding the lighting I think I was pretty plain up front that we know this is a concern on this site, we've worked cooperatively with the neighbors before with other lighting concerns on the site, we've made a commitment to °make sure that lights here are downcast and that they're minimized as much as possible, we will comply with the city ordinances on lighting and lighting requirements and I don't believe that's a concern on the site. There was a concern expressed about fumes generated from the site especially by neighbors across the street, I have observed that Cherry Lane is a relatively busy arterial, I suspect that there's probably as many fumes generated from traffic on that site as there would be from (inaudible) fueling operations for individual cars on this site. A Mr. Shelton I believe it was indicated that there was an application for a variance on a site to the north of this, that's not an issue here of course because this site is zoned and does not require a variance for this type of application. Mr. Lovan indicated that he's about 40 feet away from this site, I think the actual property dimensions he's at least 150 feet away from the location of this fueling station. There was concern about increased risk of crime or burglary on the site. and burglars running around through the neighborhood, one of the marketing concepts for this site as I indicated earlier is that there is a discount offered if gasoline is purchased inside the store, the way that works is that gasoline is purchased inside the store, the customer gets a script or token or card with a validation number goes out - enters that validation number on the fueling stations and there's little or less cash exchanged outside than there would. be in an ordinary convenience store facility. Also, I think the expressed concern regarding burglary was probably directed more to the Circle K type or other similar type convenience store where there are many other things such as beer and the like, in fact one of the witnesses expressly talked about concern of cars left running while people run inside to get beer at the convenience store, that's not being sold- at this location, there shouldn't be a concern with that. Regarding fueling trucks coming in, fueling operations, it's been Albertson's experience with these sites that they require about four fueling operations per week, during fueling operations the fueling truck in shut off, it is not idling, the truck requires no keys from the attendant their access ports are directly in the pad outside and it is a very definite policy that the trucks be shut down so they don't sit there and idle because that is a major source of noise and Albertson's is aware of that and is committed to assure that that does not occur. The final witness testified that there was a concern about the traffic flow overall increasing here and that this is perhaps an inappropriate use on this site given the fact that the surrounding area is primarily residential. t'd relay once again that as the site is zoned C-N, this is exactly the type of use that the zoning contemplates and encourages for this type of site and this type of neighborhood to concentrate those kind of activities to service the daily needs of residents in one location, minimize trip generation off site. So with that I stand available for any questions that the Council or the Mayor might have. ~~ Meridian City Council June 2, 1998 Page 42 Bentley: Yes, several people asked what the hours of operation are. Howell: I'm sorry Mr. Mayor, Councilman Bentley, {meant to mention that, it's. the hours s of operation of the store which are currently from 6 to 12. Bentley: So what happens if you decide the growth warrants going 24 hours in the store? Howell: The concept would be that the operation fueling station would follow the operation hours of the store. Bentley: Where are your vent stacks located for the tanks? Howell: I believe they're up the center of the canopy located at the top in that location, is that right? So on the far south east corner of the canopy. Bentley: What hours do your trucks come in and dump their fuel? Howell:. Generally trucks come in the evening hours or early morning hours because that's when traffic is minimized. Bentley: Okay, thank you. Corrie: &Mr. Bird? Bird: Mr. Howell, was the location ever at the north east comer? Howell: Mayor Corrie, Councilman Bird, to the best of my knowledge no it has never been, we tried to confirm that, even the letters that went out never as far as we know indicated that that was on the north east corner, I realize that some of this is probably kind of confusing because the site in general, the store site is described as the south west corner and then being on the north west corner of that site is kind of confusing. Corrie: Mr. Anderson? Anderson: Mr. Howell, several people testified that they would be in favor of this if it was moved to the north east corner, is Albertson's opposed to doing that and are they also opposed to changing the looks of the awning to dress it up a little bit more and address some of the neighborhood concerns? Howell: In general, as I've expressed before, yes that's not a preferred site to put it in the north east section, we believe it actually causes more traffic flow on that site or Meridian City Council June 2, 1998 Page 43 ~~ ~ ~ ., , causes more trafFc problems on that site if it is in the north east corner so on addressing that point I would have to say that. Albertson's very strong preference is that it not be moved;to.that corner. If the City Council would approve only this site if it were.. in the nortti~east location of this site obviously that's something that Albertson's I think } would seriously consider moving to but it's our strong preference that it riot be placed in that site at all for the reasons that I've mentioned before. Regarding the appearance of the kiosk, rio Albertson'scdoesn't have any problem working with the kiosk. With the appearance of the canopy yes that is a problem~for the reasons i've stated especially^ going to a stucco, if we're talking about something other than a stucco and staying with a metal approach I think we can work with -that but the comments below about going, to the stucco we have a real problem with, ou"r experience with the .Eagle site indicates. thaf~there's probably going to be some durability and maintenance problems with them and we don't simply want to go that way at all. a Rountree: Several people indicated and I've observed that the use at that site probably is at or exceeding'~Albertson's projection, I don't know'for sure but the parking lot is near capacity, I understand full well that you're within the prescribed number of parking spots, the bottom line is though it seems odd to me that Albertson's will preclude parking for their"customers and parking for additional customers at the two shops that are open and future customers on the two shops that will open hopefully in`ttie near future providing services to that neighborhood. I just don't think it's a good plan from that perspective, ~I think that it's'short sited, it's myopic in that regard, I agree again, I agree that you've. 'indicated thafit's consistent with the space requirements but people are not going toy rade at thaffacility'that's difficult to get into and if it's difficult to find a parking place. ~ '~ Albertson's found the same situation in their other location in Meridian, that parking lot was ~a nightmare~and at times still is, 1 haven't heard anybody address that in any 'scientifictform at all and to me that's my major concern-with the proposal.. ,,.. . 1 ' ~. Howell: Mayor Corrie, Councilman Rountree, I'll `try to address that as best I can. As ~ noted even with the removal of the 16 parking spaces for this fueling station we will bae '~ incompliance with the requirements for parking. Certainly, to the extent that`the parking lot fills up from time to time that's the good fortune ofAlbertson's for having the patronage that it does, it does not mearr.however that the: parking lot is always full no`r thaf parking; is always a problem, there are,going to be certain congested times of the day'when people travel to and from the 'store when there are going to be congestion problems and f think that's inherent~in the nature of any business that as a retail trade catering to people who as their time permits come either before work or at lunch,hou~r or immediately, after work to stop sand patronize a facility_such as this so we certainly" recognize that to the extent there are some time periods during the day when there are parking concerns that would not be the case 24 hours a day. I don't really know how`to address your state of concern other than observe that fact.that it is not a continual problem and no one described it as continual, it's isolated and on a periodic basis - ..;• Meridian City Council June 2, 1998 Page as Rountree: In my opinion, just the admission that at times it's aconcern - (end of tape) a concern period, whether it's two hours a day or 18 hours a day or 24 hours a day it's a concern, it's an issue, it's not been addressed and it won't be addressed by further reducing the size of the parking lot. Howell: Mayor Corrie, Councilman Rountree, I agree with you that at times during the day to the extent that the parking lot is full you're going to have a congestion problem, to the extent that's true, you have a congestion problem whether there's an extra 16 spaces or not, whether it's in the removal of 16 extra spaces beyond that required here is material in that analysis, I would tend to think not. Corrie: I have a question that bothers me a bit on your statement at the beginning. You said this was zoned C-N, is it Albertson's opinion that they don't have to go through this CUP? Howell: Mayor Corrie, yes that was my point at the very beginning is that the only reason we are here and the only reason we were before P & Z is because of a staff concern that this kiosk constitutes -let me get the language from the ordinance exactly - constitutes a principle building which is defined as the main or principle use of the lot on which the building is situated rather than an accessory building which is defined as a subordinate building detached from but located on the same lot as the principle building. The concern that this was an additional principle building on this lot, that's the way if you'll -the application which should be part of your packet -the application letter dated .March 11, 1998 indicates in the fourth paragraph that this kiosk will constitute a second building on this site, a termination at P & Z staff level was that because they had a concern it was a principle building that we should proceed with the CUP process. It's our belief really that we don't need to be here all we'd have to do is pull a building permit and commence construction because it's otherwise zoned for this site however we recognize that if we did that we'd probably face some additional opposition and so we might as well go through these processes and try to get that opposition- and concerns resolved and proceed with the construction facility rather than pull a building permit up front and face that opposition and a possible contention that we're trying to deal in a backhanded fashion with the community. Corrie: Maybe I'm hearing .you wrong but what you're saying is that regardless of what we do you think you should go ahead and be able to do that? ° Howell: It's our position that we have that right, yes. Corrie: Any further questions Council? Bentley: I have some for staff. i • Meridian City Council June 2, 1998 Page 45 Corrie: Alright thank you. Howell: Thank you. Corrie: Council, questions to staff? Bentley: Mr. Mayor, I would like to have Shari's input on this permit. Stiles: Mr. Mayor and Council, Councilman Bentley, I take exception to what the Albertson's representative has stated, an automobile service station and a service station both would require a conditional use permit in that zone. I don't believe it would be counted as a convenience store and if it were a convenience store it definitely would be a second principle building. As for the accessory use, if they want to contend that that is an accessory. use in section 11-2-410D item 1A, it says the accessory determination shall be based upon the relationship of the building, structure or use to the principle permitted use, specifically it must be habitually or commonly established as reasonably incidental to the principle permitted use and located and conducted on the same premises as the principle permitted use. I don't believe that is the case in this instance. Also, as a requirement for an' accessory use under accessory use standards, the same section, an accessory building if not in a rear yard shall be connected with the principle building to which it is accessory and shall be so placed as to meet all yard and court requirements for a principle building, including height and other dimensions, so in either case they were required to have a conditional use permit or meet the requirements for an accessory use which would mean it had to be connected to the existing building or detached in the rear yard. As for the number of parking spaces in an attempt to comply with direction from Council as far as trying to work with businesses in trying to get things permitted when 1 could and not run them through this process, the number of parking spaces, I suggested that when they came in for the conditional -use permit that instead of reducing a number of the parking spaces to the compact spaces which are virtually useless that they count the parking spaces based on the warehouse space where they have the storage and not in strict compliance with the ordinance which would require the one per 200 for the gross floor area so I guess as part of that they are counting it as warehouse space, the number of spaces that they had were the minimum for the gross floor area for the retail space and if I erred, I apologize. As far as the notification to the property owners within 300 feet I believe the misunderstanding came because it talked about the sectional location of the property which was in the north east quarter of the north east quarter of that section. So if you have any other questions - Anderson: I have one for Gary. Sewer capacity was mentioned by one of the people testifying tonight, is there a problem with the additional sewage with the ongoing buildings that are going to go in on there with this kiosk going up? • i Meridian City Council June 2, 1998 Page 46 Smith: I don't believe there is a problem, I think there was a - I was trying to pull the size of the lines from my memory but I think that afour-inch line was continued on to' Mr. Lovan's property and I believe that downstream from that to where Ten Mile Road is a six-inch line but I'm not,positive of that so if I'm right on those sizes of pipes there shouldn't be a problem on capacity, no sir. Anderson: Thank you. Corrie: Any further questions? Any discussion before I close the hearing? Lovan: Mr. Mayor I do have a question for Chief but you can close the public hearing and he can answer it. Corrie: Okay, at this point I will close the public hearing. Bentley: Chief, are you familiarwith the intersection in question? Gordon: Mr. Mayor, Councilman Bentley, yes sir, I am. Bentley: And one of the people testifying spoke of the traffic flow problem with the median that they have placed up there. Gordon: Yes sir, I am. Bentley: Do you foresee stacking problems back into the Ten Mile Road with left turners trying to come in off Cherry? Gordon: At certain times of the day the traffic is already extremely bad, I don't foresee anything other than it getting worse in that general area without the gas station. Bentley: Thank you. Corrie: Counselor, (inaudible) Crookston: There has been substantial new testimony that should be added to the Findings of Fact and Conclusions of Law, it's still up to the Council whatthey want to do with those Findings of Fact and Conclusions of Law, you can make a recommendation, I can put the new testimony in the findings, if you wish to change the decision you can do that, it's totally up to the council. Corrie: Okay, thank you. • Meridian City Council June 2, 1998 Page 4~ Bentley: I would agree there was some substantial testimony, we need some new findings but I'm also going to say that I'm in concurrence with Councilman Rountree, I'm really concerned about the parking, as I brought up the traffic stacking and the design itself, I'd have a real question on if Albertson's went to 24 hours this facility would run 24 hours, if I were to approve this thing I would definitely put an hour restriction on it. I also really wish that this would have been part of the preliminary plat when it came forth. I think we wouldn't be sitting here having to hammer over this now but that's all I have to say and I'm prepared to move for new findings. Rountree: I too would agree that we need preparation of new findings based on the testimony received tonight, substantially new testimony, though I don't disagree with the end results of the existing findings I at this point would be opposed to this application for reasons stated. Corrie: Anyone else have a comment? Rountree: Mr. Mayor, one .other .point, I know there was some testimony given that we did not get the hand ins, I believe one in particular Mr. Lovan sighted a cross connection easement or arrangement that was necessary and I would ask that the City Clerk get that information from Mr. Lovan. Corrie: Alright, hearing no further discussion I'll entertain a motion. Bentley: Mr. Mayor, I move we instruct the City Attorney to prepare new Findings of Fact and Conclusions of Law for the Albertson's conditional use permit for a fueling station. Rountree: Second. Corrie: Motion made by Mr. Bentley, second by Mr. Rountree to direct the Counselor to prepare new Findings of Fact and Conclusions of Law on the request for conditional use permit, second (inaudible) fuel island. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All aye. Corrie: Counselor, if you would do that. Crookston: Yes, I will. 3 9 .~ s BEFORE THE MERIDIAN CITY COUNCIL ALBERTSON'S, INC. CONDITIONAL USE PERMIT FOR A SECOND BUILDING ON A SINGLE LOT FOR A PROPOSED FUEL ISLAND KIOSK SOUTHWEST CORNER OF W. CHERRY LANE 8< TEN MILE ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for .public hearing before the Planning and Zoning Commission on May 12, 1998, and before the City Council on June 2, 1998, at the hour of 7:00 o'clock p.m., for the Commission and 7:30 o'clock p.m. for the City Council, the Applicant, appearing through~its representative, Ken Howell, the City Council of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. A notice of a public hearing on the application for the conditional use permit was published for two (2) consecutive weeks prior to said public hearing scheduled on May 12, 1998, for the Planning and Zoning Commission and June 2, 1998, for the City Council the first publication of-which was fifteen (15) days prior to said hearing; that the matter was duly considered at the May 12, 1998, and June 2, 1998, hearings; 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 ALBERTSON'S INC. -CONDITIONAL USE PERMIT (C-N) • 2. The property is located within the City of Meridian the address is~listedFin the application as the southwest corner of Cherry Lane and Ten Mile Road. The property is described in the application for a conditional use permit, which description is incorporated herein as.if set forth in full. The Applicant is the owner of record of the property. 3. Pursuant to the application, the property is presently zoned as C-N, Neighborhood. Business District. That the Neighborhood Business .District is defined in the Zoning Ordinance at 11-2-408 B. as follows: (C-N) NEIGHBORHOOD 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 arterial 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. 4. Conditional Use Permit~is defined in the Zoning Ordinance as follows: "Permit allowing an exception to the. uses authorized by this ordinance in a zoning district. 5. The proposed use of the property is to operate a fuel island kiosk. The Applicant presented a site plan depicting the location of the proposed use. Further; pursuant to the application, the Applicant agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential or commercial. A_ 6. Craig Slocum was sworn in by the Assistant City Attorney. Mr. Slocum testified that Albertson's would like to construct an express fuel facility at the northwest FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 ALBERTSON'S INC. -CONDITIONAL USE PERMIT (C-N) ,~ corner of the existing Albertson's center at Ten Mile and Cherry Lane Road. Mr. Slocum noted the closest existing gas facility is over a mile away. Mr. Slocum noted that the plan calls for constructing a 70 foot kiosk with limited product sales. There will be three (3) fuel dispensing locations and a covered canopy. The current location has paved aisles and parking spaces: Mr. Slocum noted that they are proposing moving 16 parking spaces, however the center would still meet the applicable landscaping and parking ordinances of the City of Meridian. Mr. Slocum noted that the applicant has read the comments from the:. City staff and from A.C.H.D. .~ . 7. Commissioner Johnson inquired if the proposed location is still over the subsurface drainage. Mr. Slocum noted that a portion of the construction would impede on the existing storm drainage system.,. He noted that Albertson's engineers have looked at the project and do not see a problem in meeting both the Meridian City Engineer's comments or any of the Commission. 8. Commissioner Smith inquired why the proposed building materials do not match the existing Albertson's store. Mr. Slocum noted that Albertson's is putting in a number of these facilities and it is a firm that is working on the project. Commissioner Smith noted that the proposed fuel island does not look like the one in Eagle. Mr. Slocum noted that the store in Meridian does not look like the store in Eagle. Commissioner Smith noted that,he is requiring that the kiosk match the store in appearance and materials and that the kiosk match the color scheme of the store and the materials of the store. Commissioner Smith inquired about the height of the canopy. Mr. Slocum noted that it is 17 feet, six inches. Commissioner Borup noted that he thinks there could be some movement in a FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 ALBERTSON'S INC. -CONDITIONAL USE PERMIT (C-N) f ro- stucco design `and that is one of his concerns if it becomes a stucco design. Commissioner` Smith stated that the building would cost more if constructed in stucco that is why Albertson's is not doing it that way: , 9. Gordon Bates was sworn in by the Assistant City Attorney. Mr. Bates noted that Albertson's concern is over the aesthetics of the project. He noted that their main thought was to design a fuel island that would be recognized as an Albertson's enterprise, much the same way people recognize Chevron. Mr. Bates noted that the stucco is possible but that it is not as clean of an image as what they proposed. Commissioner Borup inquired that they are trying to go with a light and blue color. Mr. Bates noted that it is an off white to gray color for the main body color and then a Albertson's standard blue and light blue striping. Mr. Bates noted that it is a flexible issue and they are open to what the City would like to do. He noted that they would prefer to go with the standard package because of the cost savings and°materials. 10. Bob Charters was sworn in by the Assistant City Attorney. Mr. Charters noted that he is concerned about the gas station affecting the value of his property. He did not understand why a gas station is needed in that location next to a grocery store. He was concerned about gas fumes and the ability to use his backyard in the summertime because of the people pumping gas across the street. 11. Bruce Freckleton, Assistant to the City Engineer; submitted comments, which respective comments are incorporated herein as if set forth in full. The proposed fuel station will occupy space that is currently occupied by a very significant sub surface drainage facility. This drainage facility is the point of disposal for the storm drainage water for the FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 ALBERTSON'S INC. -CONDITIONAL USE PERMIT (C-N) majority of the parking lot. The system consists of a series of collection catch basins '~ connected to a subsurface drain field. He has been in contacf with the State of Idaho: .Division of Environmental Quality, (DEQ) and Mr. Paul Lawrence with CSHQA Architects a regarding the proposed design of the fuel station site. CSHQA's proposal is to relocate ' whatever portion of the existing drainage facility is necessary to satisfy the requirements for the station. He asked DEQ for some design criteria for this type of installation. He anticipates that the requested information will be attained shortly. Outside lighting shall be designed, and placed so as not direct illumination on any "nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. All signs shall be in accordance with the standards-set forth in 2-415 of the City of Meridian Zoning and Development Ordinance. Water to this facility would. be via existing service lines. Assessments .for water service will be reviewed to see if additional load would justify an adjustment. Applicant is to provide any information they may have in regards to their anticipated water demand. Applicant will be required to enter into an Assessment Agreement with the City of Meridian. 12. The Meridian Fire Department, Meridian Police Department, Meridian Sewer Department, Meridian Water Department, Central District Health Department and Nampa & Meridian Irrigation District submitted comments, which respective comments are incorporated herein as if set forth in full. 13. At the City Council hearing on June 2, 1998, the Applicant had its representative testify, and there was also testimony from members of the public. In the paragraphs set forth hereafter the testimony of all the people testifying will be synopsized. 14. Ken Howell noted.. that this is a conditional use permit for a second FINDINGS OF FACT AND CONCLUSIONS OF .LAW -Page 5 ALBERTSON'S INC. -CONDITIONAL USE PERMIT (C-N) • building for a fuel island.: We applied for a conditional use permit on -this site because P & Z staff determined that this could be a second principal detached building and not . an accessory building under Meridian City Code 2-405 subsection G. It's our position thatpthis is in fact~an accessory building and that no CUP is needed. The definition of an accessory building under 2-403 is a subordinate, building detached, from but located on the same lot as the principal building. The use of which is incidental and accessory to that of the main building or use should not need a separate conditional use permit. We are concerned here because the generation of excessive traffic, noise, odors and smoke would materially effect our retail grocery operation, and we have a vested interest in assuring that those things simply do not happen. The Findings of Fact and Conclusions noted that the color scheme and construction materials would not be harmonious with the appearance and character of the general vicinity. It's our position that this proposed fueling station in particular, with regards to the color scheme, is not inappropriate to the character of the general vicinity. The statute does not require that the appearance be identical to the surrounding vicinity, it only requires that if be compatible. The principle store of the building where the grocery operations are carried out is block construction with some stucco above however the color scheme of the fueling station is compatible and does tie in with the signage, color scheme and corporate logo of the Albertson's grocery store, and this would be our position that this is in fact harmonious and appropriate in appearance with the existing general vicinity. It's our contention that this development as proposed is in fact harmonious with the general site. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 ALBERTSON'S INC. -CONDITIONAL USE PERMIT (C-N) z •~ ,. The second concern is that of traffic; ACHD determined that there would be approximately 350 new trips generated to-the site. I think this meets very nicely the requirements and concept of the C-N zone to concentrate neighborhood uses in a . particular area, reduce trip generation and basically result in kind of a one stop shopping. The .concern about traffic is that its not the total traffic in and out of this site, z rather it is the flow on site. The northwest corner is the least used site for parking and it leaves open. this area for parking in the store, reduces cars having to come in and travel in through here. We think ACHD's probably about right in it's estimation of 350 additional trips per day. Two other issues. One is glare. Albertson's itself is concerned about the glare on the-site and the impacts on the neighbors. The western side of the fueling station contains no lighting. There is no lighting which is going off site from that side. The "lighting on this particular kiosk is all downward focus, downward cast"and downward adjusted. One final point and it's regarding the generation of fumes, odors and smoke. The operation of'a.fueling center on this site is a permitted use. It's certainly to Albertson's interest not to generate excessive or any fumes or odors. The general experience of Albertson's is that there simply isn't any excessive generation of odors off the site from fueling operations. The concern is really whether this small 70 square foot kiosk is another principle c building or whether it's an accessory building. .. 15: Stanton Kelly noted he heard about the lighting. This will be eye. level to FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 ALBERTSON'S INC. -CONDITIONAL USE PERMIT (C-N) i ~I my master bedroom. The only reason I can see from moving it from here (in the northeast corner) to here (in .the northwest corner) is because it's probably a damn eyesore ;for Alb~rtson's in front of their building. It certainly doesn't help my property value one bit. It's a gas station with doors slamming late at night, with cars coming and going, boom boxes, lighting, the whole thing. I just feel like if it was a bank or a dentists office or a doctors office I wouldn't have any complaints but a gas station, a bar or whatever that goes all hours of the night, I really strongly protest. 16. Maryann Christman noted that she lives directly back behind this canal here and I represent approximately 40 people. I am very concerned about this gas station. I mean to me it's a full fledged gas station. Nobody knows about the hours. Everybody that I have spoken to does not want it where it's located. They feel where it's located is a real major concern. As far as the lighting issue, we were real concerned about that. We felt like we were sleeping in a football field so if he's saying that this building is meeting the lighting requirements, I can tell you that it was a real serious problem before so I have to tell you that there are several people who don't want it, absolutely don't want it, and are real upset about it and there are lots of people who are saying they will not accept where it is now absolutely but may not mind it being on the other corner. I'm concerned about the safety of the children. If this building was over on this side we feel that the kids would most likely not have to encounter as much traffic. I think there's going to be a lot of noise. I 'm concerned about the lighting problem. I know a lot of these people are concerned about the lighting problem FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 ALBERTSON'S INC. -CONDITIONAL USE PERMIT (C-N) i think there's just going to be a glow there. We have enough night lights in our ~ • ~ bedrooms with the existing lighting. To us it's just a potential major problem and hazard to our children and to the noise level and all the traffic. 17. Bob Charters testified as follows. 1 got 32 signatures here if it means anything I'll turn them in to you. I don't see that we need a service station at this location. There's a school crossing that should also be considered and with 350 extra cars, I think would be very detrimental to our children 18. Kenneth Shelton stated as follows: "Mr. Mayor, distinguished members of th'e~ Council, a little over three years ago t was standing before this council for the same reason I'm standing here now. I'm referring to the property just north of the property in question tonight. It was also requesting~a variance to put a convenience and gas station on the old Fuller property. As 1 see it today the very same reasons for refusing to grant that variance back then still holds true today. They include: depreciation of property values, depreciation of character of the neighborhood, health hazards, including gas fumes from pumps and tank vents and from cars waiting to gas up or cars left running." He also noted it increases the crime rate from those cars being stolen left running, loitering, increased glare from additional lighting which has been a problem in this parking lot from the start. Loss of privacy from increased traffic and noise levels. I have several letters from neighbors in the area who,were opposed to this kind of business back then and still are today. I would like to draw your attention to one letter previously submitted in particular from Miss Judith Lulley. Her experiences FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 ALBERTSON'S INC. -CONDITIONAL USE PERMIT (C-N) include excessive and unreasonable levels of noise, boom boxes blasting at all hours as people gas up, repeated vandalism to her property, people loitering, kids smoking, and fighting in the. parking lot and excessive accumulations of trash and debris on the premises. I respectfully request that you deny this. request. 19. Wally Lovan was sworn in by,the City Attorney and began his testimony by noting that right. now I do .back the finding of our P & Z. I'm sure that I'm going to receive lots of noise. ACHD expressed that there would be approximately 350 cars per day. 350 cars per day banging~their car door right in my back yard. ACHD also required Albertson's to place a cross road where the cross road would be because they are adamant that it will happen and it shows nothing here about a cross road. I can't make myself believe that this is a proper spot to do this. There is too much opposition from my neighbors. I am also concerned with the hours that will be used with the car banging and°the boom boxes. Right in this point right here they have a large, large water collecting storage bin under the asphalt. Another thing that concerns me is also water and sewer. 20. Leonard Erdman was sworn in by the City Attorney and testified as follows: "Well, I would just like to say that I don't want the A Express there. I really believe it's going to devalue my home and 1 have concerns about safety such,as spills and fires. Also, we all know that gas stations are the object of burglars and I don't want. I would ask you to reject Albertson's proposal for this gas station, thank you." 21. Guy Shin noted that his self and many of his neighbors are not in favor of this plan, I see several things wrong with it. The gasoline fumes as we pump our tanks FINDINGS~OF FACT AND CONCLUSIONS OF LAW =Page 10 ALBERTSON'S INC. -CONDITIONAL USE PERMIT (C-N) A ~- ! full the effluent gas comes out and of course gets into the air, that's a lot of effluent gas. Is I think a better area would be the north east corner. I would urge this-plan not be passed. 22. Lowell Lauber's testimony consisted of the following comments. I don't think I want to~sit in my living room and look out my window and look at a - it's a plain old cheap gas station any way you look at it. If it's in the north east corner out of sight, I wouldn't care. 23. Jean Johnson commented as follows. I don't want. the gas station anywhere on this corner. 24. Ken Howell had additional testimony as follows. This site is zoned C-N, it is zoned for the use which includes fueling stations. It's our position that since-this is an ancillary building and not a primary building on the site there really isn't any need to apply for a CUP permit. 25. The Mayor and the City Councilmen had some questions and the Planning and Zoning Administrator had some comments which are set forth below. Councilman Bentley asked the question, "So what happens if you decide the growth warrants going 24 hours in the store?" Mr. Howell commented that the concept would be that the operation fueling station would follow the operation hours of the store. Mayor Corrie addressed the question, "Is it Albertson's opinion that they don't have to go through this CUP?" Mr. Howell responded that yes that was his point at the very beginning. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11 ALBERTSON'S INC. -CONDITIONAL USE PERMIT (C-N) t a ~, Shari Stiles addressed the council with the following comments. I take exception to what the Albertson's representative has stated; an automobile service station and a service station both would require a conditional use permit in that zone. If it were a convenience store it definite{y would be a second .principle building. In section 11-2- 410D item 1A, it says: "The accessory determination shall be based upon the relationship of the building, structure or use to the principle permitted use. Specifically it must be habitually or commonly established as reasonably incidental to the principle permitted use and located and conducted on the same premises as the principle- ' permitted use." I don't believe that is the case in this instance. Also, as a requirement for an accessory use under accessory use standards, the same section, an accessory building if not in a rear yard shall be connected with the principle building to which it is accessory and shall. be so placed as to meet all yard and court requirements for a principle building, including height and other dimensions. So in either case they were required to have a conditional use permit or meet the requirements for an accessory use which would mean it had to be connected to the existing building or detached in the rear yard. 26. There was no further testimony given at the City Council hearing: CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning- ` anti:. ~ the Ordinances of the City of Meridian have been met, including the mailing of notice to owners FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12 ALBERTSON'S INC. -CONDITIONAL USE PERMIT (C-N) of grope"rtY within 300 feet of the. external boundaries of the property. 2. The City of Meridian has. authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2-418 of the Zoning and Development Ordinance of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 4. The property is currently zoned (CN) Neighborhood Business District. The (CN) Neighborhood Business District is described in the Zoning Ordinance, 11-2-408 B 11 as follows: (C-N) NEIGHBORHOOD 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 arterial 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. 5. Conditional Use Permit is defined in the Zoning And Development Ordinance, City of Meridian, Idaho as "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 5A. The Applicant has claimed that this fuel island kiosk is an accessory'use and not a principle use and because of that a conditional use is not required. The Zoning Ordinance defines Accessory Use of Structure in Section 11-2-403 as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13 ALBERTSON'S INC. -CONDITIONAL USE PERMIT (C-N) Accessory Use or Structure - A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. An accessory use or structure does not alter. the essential characteristics of the principal permitted use and does not include a building which is defined herein as a dwelling unit. 5B. The Zoning Ordinance also speaks directly to accessory use in Section 11-2- 410 and provides, in part with the most critical portions italicized, specifically as follows as follows: 2-410 D ACCESSORY USE PROVISIONS Accessory Use Review Process -The Zoning Administrator shall make the initial determination as to whether a building, structure or use is accessory to a principal permitted use, and may issue zoning certificates for those which are determined to be accessory and which otherwise comply with this Section. a. The accessory determination shall be based upon fhe relationship of. the building, structure or use to the principal permitted use. Spec~cally, it must be habitually or commonly established as reasonably incidental to the principal permitted use and located and conducted on the same premises as ..the principal permitted use. In determining whether it is necessary, the following factors shall be used: (5) The potential for adverse impact on adjacent property, and (6) The applicant must be the owner of the property under consideration and the user of the accessory use. 2. Accessory Use Standards - a. Accessory Building. Standards: (3) An accessory building may be erected detached from the principal building, or it may be connected thereto by a breezeway or similar structure. No accessory. building shall be erected in any required court, or in any required yard other than a rear yard, except that where the natural grade of a lot at the front line of the principal building. is such as to result in a FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14 ALBERTSON'S INC. -CONDITIONAL USE PERMIT (C-N) • driveway having a grade of ten percent (10%) or greater, a private garage may be erected within the front yard, but not within fifteen feet (15') of any street line. (5) If not in a rear yard, an accessory building shall be connected with the principal building to which it is accessory, and shall be so placed as to meet all yard and court requirements for a principal building including height and other dimensions. 5C. Due to the following: 1. The Zoning Administrator determined that the use was not an accessory use but was a principle use. ` 2. Section 11-2-410 D 2., Accessory Use Standards, a. (5), states that if the use is not in a rear yard, an accessory building shall be connected with the principal .building to which it is accessory. The fuel island kiosk was not shown to be connected to the principle building and is not detached in the rear yard of the Albertson's store. it is concluded that the proposed use, a fue( island kiosk to distribute. and sell gasoline and related products, is a not an accessory use but is a principle use and requires a conditional use .permit. 6. The City of Meridian has authority to place conditions on a conditional use permit-and the. use of the property pursuant to Idaho Code Section 67-6512, and pursuant to that section conditions minimizing the adverse impact on other development, controlling ., the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. Section 11-2-418 D. states as follows: In approving any Conditional Use, the. Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15 ALBERTSON'S INC. -CONDITIONAL USE PERMIT (C-N) made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be inexistence. 7. This Application for a conditional use has been judged upon the basis. of guidelines contained. in Section 11-2-418 of the Zoning And Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67, Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 8. Section 11-2-418 C of the Zoning and Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. Upon a review of those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or similar ones thereto would be attached to the conditional use, the City Council concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would not be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; see section (d) below. c. The use is not designed nor is it constructed to be harmonious in appearance with the character of the general vicinity; the proposed kiosk colors are a blue and white. The Albertson's store is of a stucco design. The proposed gas station will be part of the Albertson's complex. The height of the building along with the color scheme provided by the applicant leaves no doubt that the building would be seen, however the building does not appear harmonious and the building should be required to conform to the same standard and structure of,materials as the Albertson's grocery store. d. The use would be hazardous and disturbing to existing or future FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16 ALBERTSON'S INC. -CONDITIONAL USE PERMIT (C-N) i k.. • s~ ~~~ neighboring uses if the conditional permit is granted; The proposed site is just west of intersection of Ten Mile Road and Cherry Lane. The proposed site is the northwest corner of the Albertsor's parking lot. That entrance and exit is -only one of two ways to get in and out of that complex. The location of the -kiosk raises serious concerns about the ability to handle the increase in traffic going in and out of that complex. A.C.H. D. estimates that,the fuel island would generate an additional 350 vehicle trips per day. Chief of Police Gordon noted in his comments that traffic is a concern for the proposed use. The proposed location of the fuel island has the potential to create serious traffic concerns at the intersection of Cherry lane and Ten Mile Road. The proposed use would also be disturbing to the adjacent residential neighbors. The fue( island is directly adjacent to a residential neighborhood. It is an integral- concept of our Comprehensive Plan that we protect the integrity of residential neighborhoods. This proposed fuel island would cause an increase in noise, traffic, fumes, odors and glare. These nuisances would be imposed on the adjacent residential neighbors. e. Sewer and water. service is available, but the Applicant may have to pay additional fees for the use; 5 f. The use would not create excessive additional requirements at public cost for public facilities and;services and the use would not be detrimental to the economic welfare of the community; g. The use will involve activity, process, material, equipment or conditions of operation that would be detrimental- to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; see item (d) h. The use will have vehicular approaches to the property, which as designed will create an interference with traffic on surrounding public streets; the traffic is a concern. It is not the number. of vehicles entering and exiting the proposed site so much as it is the problems with the flow of that traffic. i. The development of the property will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 9. It is further concluded from the testimony from the home owners, both adjacent to the Albertson's store° and within a very short .distance to the store, that there would be a great potential for adverse impact on them and their adjacent property. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 17 ALBERTSON'S INC. -CONDITIONAL USE PERMIT (C-N) ~~ ~ 10. Conditions may be placed upon the granting of a conditional use permit if it is determined that the permit should be issued, to minimize adverse impact on other development. It is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use are required, if a permit is issued, to wit:. a. The conditional .use, pursuant to the Zoning Ordinance, shall not be. transferable to another owner or lessor of the subject property or to another property; , ~ £ b. The Applicant shall meet. the requirements of the City Engineer's office, the ~ Planning and Zoning Administrator, Meridian ..Fire Department, Meridian Police Department,. Meridian Sewer Department, Central District Health Department, vand Nampa & Meridian Irrigation District and other governmental agencies submitting comments, `c. The conditional use shall not be restricted to a period of authorization but may ~ be reviewed annually, upon notice to the Applicant„ for violation of any conditions imposed herein and other conditional use applications; d. All ordinances of the City of Meridian must be. met,.. including but` note- limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Fire and Life Safety Codes," all parking and landscaping requirements; e. Handicap parking,~associated~signage and buildingreconstructieon shall meet the requirements of the Americans with Disabilities Act. All signs must meet the requirements of the Uniform Sign Code and the Meridian City Ordinance. Flashing signs and temporary signs will not be permitted. All signs are subject to review and approval of the Planning and Zoning Department. Sign permits are to be obtained prior to construction. Upon three days notice to any tenant, the City of Meridian will remove any unauthorized signage. g. ~ Applicant will provide a screened trash enclosure per City Ordinance Section 11-2-414.A.3. The applicant shall coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc., locating dumpsters so as not to impede fire access. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 18 ALBERTSON'S INC. -CONDITIONAL USE PERMIT (C-N) a d ~~ ~; ~ • h. All driveway and parking areas shall be paved, with. all driveway accesses approved by the Ada County Highway District. Graveled driveways, parking and access are unacceptable. A drainage .plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord.557, 10-1-91) for all off street parking areas. Ail site drainage shall be contained and disposed of on-site. Ali driveway and parking stall dimensions shall comply with Meridian City Ordinance. i. Assessment fees for water and sewer service are determined during the- building plan review process. Applicant shall be required to comply with- pretreatment requirements as determined by the Meridian Wastewater Department, and enter into an Assessment Agreement with the City of Meridian. The Applicant shall. provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed to not cause glare or adversely impact neighboring residential properties or the traveling public, as determined by the City of Meridian. k. Significant changes from the site plan approved under this conditional use„permit, as determined by the Planning and Zoning Administrator, will require re-noticing and rehearing before the Planning and Zoning Commission and Council. 11. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions if a permit is issued. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 19 ALBERTSON'S INC. -CONDITIONAL USE PERMIT (C-N) s ~ APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and $.. Conclusions. ROLL CALL COUNClLMAN+BIRD VOTED _~,~~ COUNCILMAN BENTLEY VOTED COUNCILMAN ROUNTREE VOTED COUNCILMAN ANDERSON VOTED MAYOR CORRIE (TIE BREAKER) VOTED DECISION The Meridian City Council hereby decides, based on these Findings of Fact and Conclusions of Law, the Conditional Use Permit requested by the Applicant for the property described in the Application is denied. MOTION: APPROVED: Gum DISAPPROVED: 6-72-98 -Final ~-t~~g FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 20 ALBERTSON'S INC. -CONDITIONAL USE PERMIT (C-N) ` ~~1 C~ t MERIDIAN CITY'COUNCIL MEETING: JUNE 2 1998 __ APPLICANT: ALBER7SON'S. INC. ITEM NUMBER: 12 . REQUEST: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A SECOND BUILDING FOR A FUEL ~ - __ - -_ n ISLAND t ~~ ~ ~~~ i AGENCY -COMMEP C®~ ~ ~~ I _ ,- CITY CLERK: % r 'ED FIB{ C/ ~ .~ ~ `' =D FI~ ~ ~ f: CITY ENGINEER: ~ (~ ~, S~ CITY PLANNING DIRECTOR: ~~~ S ~~-~' CITY ATTORNEY: ~ P ~~ U ~~,,,' .CITY POLICE DEPT: ~ ~° CITY FIRE DEPT: CITY BUILDING DEPT: ` :~ MERIDIAN SCHOOL DISTRICT: n MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: . (~ ADA COUNTY STREET NAME COMMITTEE: G ~/~ CENTRAL DISTRICT HEALTH: _ ~X ~~~ NAMPA MERIDIAN IRRIGATION: ~/ SETTLERS IRRIGATION: IDAHO, POWER: ` US WEST:. INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ,, OTHER: All Materials presented at public meetings shall become property of the City of Meridian. X~ w T S j. Planning and Zoning Commission May 12, 1998 Page 10 Prior: You're welcome. Johnson: Any comments Mr. Nelson on those two issues? Nelson: I have none. Johnson: Well, with that and no further discussion. What would you like to do? Smith: Mr. Chairman, I would like to make a motion that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusion of Law. MacCoy: Second. Johnson: Motion and second to approve the Findings of Fact and Conclusions of Law. ROLL CALL VOTE: Borup, aye. Smith, aye. Nelson, aye. MacCoy, aye. , MOTION CARRIED: All ayes. Johnson: Recommendation to the City Council. Smith: Mr. Chairman, Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit requested by the applicant for the properly described in the application. Borup: Second. Johnson: We have a motion and a second to pass that recommendation on to the City Council. All in favor? MOTION CARRIED: All ayes. ITEM NO. 11: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A SECOND BUILDING FOR A FUEL ISLAND BY ALBERTSON'S INC. SOUTHWEST CORNER OF W. CHERRY LANE AND TEN MILE ROAD. Johnson: Any discussion regarding these Findings of Fact and Conclusions of Law. • • Planning and Zoning Commission May 12, 1998 Page 11 Smith: I have a question for Mr. Prior. If the Findings of Fact were turned thumbs down and we went with the latter part of the Findings, does that preclude the comments that were made earlier about the building materials and design to match the existing store, is that still incorporated with the recommendation to the City Council? Prior: I guess I'm not following you. What you're saying is if we send a recommendation of denial to the City Council, what would probably happen if the City Council adopts it, or it does not go with your findings, they don't necessarily have to follow your recommendation with the materials and everything else. Johnson: But they would have the availability of those comments. Prior: That is correct. Chairman Johnson for once is correct that they would have the availability of those comments. Smith: It's nice being in the middle. Prior: He's leaving folks. Today is his last day, and we are going to leave him with love. Johnson: And now you all know why. Smith: That answers my only question. Johnson: Anybody else? Nelson: I would just like to comment that maybe for the benefit of City Council that I opposed this as presented both based on Commissioner Smith's comments about the appearance and also it's location to the homes next door. And I guess that would be my reasons for denial. Johnson: -Okay, thank you. Anyone else? I'll entertain a motion. Nelson: I would like to make a motion that we approve these Findings of Fact and Conclusions of Law as written. MacCoy: Second. Johnson: Motion and second to approve the Findings of Fact and Conclusions of Law for the Albertson's application as prepared by our City Attorney. ROLL CALL VOTE: Borup, yea. MacCoy, yea. Smith, yea. Nelson, yea. i ~ Planning and Zoning Commission May 12, 1998 Page 12 MOTION CARRIED: All yea. Johnson: The recommendation that you would like to pass on to the City Council is? Nelson: The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it deny the conditional use permit requested by the applicant for the property described in the application. Smith: Second. Johnson: Motion and second to pass the recommendation on to the City Council to deny this application. All in favor? Opposed? MOTION CARRIED: All ayes. ITEM NO. 12: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT A CHURCH PARKING LOT FOR MERIDIAN GOSPEL TABERNACLE BY BURTON ROBERTS -MERIDIAN NIDAYS 2ND ADDITION. Johnson: I~will now open the public hearing and invite the applicant or the applicant's representative to address the commission at this time. BURTON ROBERTS 1523 N. MERIDIAN ROAD WAS SWORN BY THE CITY ATTORNEY. Roberts: As it's been stated, I'm Burton Roberts representing Meridian Gospel Tabernacle in our request for a conditional use permit to construct a new parking lot in the church area. We owns lots 3, 4 5, and 6 of block 4 of the Meridian Nidays 2"d Addition. Lot 4 is vacant currently. Lot 5 has a house on it that has been sold to be moved. It is our hope to do this project in phase one and phase two and that would allow us to cause lots 4 and 5 to be turned into parking lot as soon as possible with the other two lots, 3 and 6, somewhere in the next three to five year plan to be added to that. Of course the obvious reasons for this need of parking is that as Meridian continues to grow, the last thing we need is to be suddenly land locked and not have the room for the expansion that we believe we will need in the years to come. Johnson: Okay, thank you very much, Mr. Roberts. Questions of the applicant. MacCoy: Have you received the city staffs comments? Roberts: Yes, I have. ,. s. .. BEFORE THE MERIDIAN P~,ANNING AND ZONING COMMISSION ~ ALBERTSON'S, INC.. CONDITIONAL USE PERMIT FOR A SECOND BUILDING ON A SINGLE LOT FOR A PR©POSED FUEL ISLAND KIOSK SOUTHWEST CORNER OF W. CHERRY LANE & TEN MILE ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled .matter having come on for public hearing on April 14, 19.98, at the hour of 7:00 o'clock p.m., the Applicant, appearing through its representative, Craig Slocum, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law. FINDING$ OF FACT 1. A notice of a public hearing on the application for the conditional use permit was published for two (2) consecutive weeks prior to said public hearing scheduled on April 14, 1:998, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 14, 1998, 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. a 2. The property is located within the City of Meridian the address is; listed~in the application as the southwest corner of Cherry Lane and Ten Mile Road. The property is described in the ~. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 } ALBEFtTSON'S INC. - CONDITIONAL USE PERMIT (C-N} ~~ ~ ~ 3 application for a conditional use permit, which description is incorporated herein as if set forth in full. The Applicant is the owner of record of the property. 3. Pursuant to the application, the property is presently zoned as C-N, Neighborhood Business District. That the Neighborhood Business District is defined in the Zoning Ordinance at 11-2 -408 B. as follows: (C-N) NEIGHBORHOOD BUSINESS DISTRICT - The. purpose of the (C- N} District is to permit the establishment of small scale c"onvenience business uses whidh 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 arterial 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. , 4. Conditional Use Permit is< defined in the Zoning Ordinance as follows: "Permit allowing an exception to the uses authorized by this ordinance in a zoning district. 5. The proposed use of the property is to operate a fuel island kiosk. The Applicant presented a site plan depicting the location of the proposed use. Further, pursuant to the application, the Applicant agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential or commercial. 6. Craig Slocum was sworn in by the Assistant City Attorney. Mr. Slocum. testified that Albertson's would like to k FINDINGS OF FACT AND CONCLUSIONS OF'"LAW - Page 2 ~'AL$ERTSON'S INC: - CONDITIONAL USE PERMIT'(C-N) s ~ ., construct an express fuel facility at the northwest corner of the existing Albertson's center at Ten Mile and Cherry Lane Road. Mr. Slocum noted the closest existing gas facility is over a mile away. Mr. Slocum noted that the plan calls for constructing a 70 foot kiosk with limited product sales. There will be three (3} fuel dispensing locations and a covered canopy. The current location has paved aisles and parking spaces. Mr. Slocum noted that they are proposing moving 16 parking spaces, however the center would still meet the applicable landscaping and parking ordinances of the City of Meridian. Mr. Slocum noted that the applicant has read the comments from the City staff and from A.C.H.D. 7. Commissioner Johnson inquired if the proposed location is still over the subsurface drainage. Mr. Slocum noted that a portion of the construction would impede on the existing storm drainage system. He noted that Albertson's engineers have looked at the project and do not see a problem in meeting both the. Meridian City Engineer's comments or any of the Commission's. 8. Commissioner Smith inquired why the proposed building materials do not match the existing Albertson's store. Mr. Slocum noted that Albertson's is putting in a number of these facilities and it is a .firm that is working on the project. Commissioner Smith noted that the proposed fuel island does not look like the one in Eagle. Mr. Slocum noted that the store in Meridian does not look like the store in Eagle. Commissioner Smith noted that he is requiring that the kiosk match the store in appearance and materials and that the kiosk match the color scheme of the store FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 , ALBERTSON'S INC. - CONDITIONAL USE .PERMIT (C-N) . 1 ~. ~' r 4 1 and the materials of the store. Commissioner Smith inquired °about .. 4 the height of the canopy. Mr. Slocum noted that it is 17 feet,~six inches. Commissioner Borup noted that he thinks there could be some r r movement in a stucco design and that is one of his concerns ~f it ~ becomes a stucco design. Commissioner Smith stated that the ' building: would cost more i-f constructed in stucco, that is why k Albertson's is not doing it that way. 9. Gordon Bates was sworn in by the Assistant City f Attorney. Mr. Bates noted that Albertson's concern is over the aesthetics of the project. He noted that their main thought was to '~ design a fuel island that would be recognized as an Albertson's enterprise, much the same way people :recognize Chevron. Mr. Bates noted that the stucco is possible but that it is not as clean of an image as what they proposed. Commissioner Borup inquired ghat they ~ are trying to go with a light and blue color. Mr. Bates noted that it is an off white to gray color for .the main-body color and then, a_ ~ ~b ~~ Albertson's standard blue and light blue striping. Mr. Babes noted that it is a' flexible issue and they are open to what the City ~ a would like to do. He noted that they would prefer to go with,.the standard package because of the cost savings and materials. 10. Bob Charters was sworn in by the Assistant City Attarney. Mr. Charters noted that he is concerned about the gas station affecting the value of his property. He did-not understand why a gas `station is needed in that location next to a grocery ~ store. He was concerned about gas fumes-and the ability to use his backyard in the summertime because of the people pumping gas across FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 ~ ~ ALBERTSON'S INC. - CONDITIONAL USE PERMIT (C-N) x V _~ , ~_ the street. +~ ~ 4i b( 11. Bruce Freckleton, Assistant to the City Engineer, submitted comments, which respective comments are incorporated herein as° if set forth in full. The proposed fuel station will occupy space that surface drainage j disposal for the parking lot. The basins connected is currently occupied by a very significant sub 'acility. This drainage facility is the point of storm drainage water for the majority of the system consists of a series of collection catch to a subsurface drain field. He has been in contact with the State of Idaho Division of Environmental Quality, (DEQ) and Mr. Paul Lawrence with CSHQA Architects regardingttYie proposed design of the fuel station site. CSHQA's proposal is to relocate whatever portion of the existing drainage facility is necessary to satisfy the requirements for the station. He asked DEQ for some design criteria for this type of installation. ~ He . ~ ~. anticipates that the requested information will be attained shortly. Outside lighting shall be designed and placed so as not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. All signs shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development prdinance. Water to this facility would be via existing service lines. Assessments~fyor S i, F water service will be reviewed to see if additional load would justify an adjustment. Applicant is to provide any information they ;rnay. have in regards to their anticipated water demand. Applicants will be required to enter info an Assessment Agreement FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page `5 ALBERTSON'S INC. -.-CONDITIONAL USE-PERMIT (C-N) f t ~, ~~• 4~~ 4rr ~ FI 4 ~{ I ~~ FI o~ E ai r ~f • ~ 4, a ;js: with the City. ofj Meridian. e 12. The Meridian Fire Department, Meridian Police Department, Meridian Sewer Department, Meridian Water Department, ' Central District Health Department and Nampa & Meridian Irrigation District submitted comments, which respective comments' are incorporated herein as if set forth in full. 13.- There was no further testimony given at the hearing. t S: CONCLUSIONS OF LAW 1. 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 property. 2. The City`of Meridian has, authority to=grant conditional uses pursuant to Idaho Code Section 67-b512" and pursuant to `11-2- 418 of the. Zoning and Development Ordinance of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. - 9 4. The property is currently zoned (CN) Neighborhood Business District. The (CN), Neighborhood Business District is described in the Zoning Ordinance, 11-2-408 B 11 as follows: (C-N) NEIGHBORHOOD 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);.. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 ALBERTSON'S TNC. - CONDITIONAL USE PERMIT, (C-N) m t • ?' ~r ,d ~ 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 arterial 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. 5. Conditional Use Permit is defined in the Zoning And Development Ordinance of the City of Meridian as "Permits allowing an exception to the uses authorized by this Ordinance in a zoning ' district." 6. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho' Code, Section 67-6512, and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, .and on-site ar off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. s Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance P, and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 7. This Application for a conditional use has been judged upon the basis of guidelines contained in Section 11-2-418 of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 ALBERTSON'S INC. - CONDITIONAL USE PERMIT (C-N) ~~ f Zoning And Development Ordinance of the City of Meridian and upon the basis of .the Local Planning Act of 1975, Title 67, Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and~the record submitted to it and the things of which it may take judicial notice. 8. Section 11-2-418 C of the Zoning and Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits, Upon a review of those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would not be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; see section (d) below. c. The use is not designed nor would it be constructed to be harmonious in appearance with the character of the ,general vicinity; the proposed kiosk colors are a blue ' and white. The Albertson's store is of a stucco design. The proposed gas station will be part of the Albertson's complex. The height of the building along with the color n, scheme provided by the applicant leaves no doubt that the building would be seen, however the building would not appear to be harmonious with the existing buildings and the kiosk should be required to conform to the same standard and structure of materials as the Albertson's grocery store. d. The use would be hazardous and disturbing to existing or future neighboring uses if the conditional permit is granted; the proposed site is just west of the .~ intersection of Ten Mile Road and Cherry, Lane. iThe FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 ALBERTSON'S INC. - CONDITIONAL USE PERMIT (C-N) .~ , :~ proposed site is the northwest corner of the Albertson's parking lot. That entrance and exit is,only one of two ways to get izi and out of that complex. The location~of the kiosk raises serious concerns about the ,ability to handle the increase in traffic going in and out of that complex. A.C.H. D. estimates that the fuel island would generate an additional 350 vehicle trips per day. Chief of Police Gordon noted in his comments that traffic is a concern for the proposed use. The proposed location of the fuel island has the potential to create serious traffic concerns at the intersection of Cherry lane and Ten Mile Road. The proposed use would.. also be disturbing to the adjacent residential neighbors. The fuel island is directly adjacent to a residential neighborhood to the west. It is an integral cone"ept of our Comprehensive Plan that we `protect the integrity of residential neighborhoods. This proposed fuel island would cause an increase in noise, traffic, fumes, .odors and glare. These nuisances would be.' imposed on the ''adjacent residential neighbors. e. Sewer and water.. service is available, but the Applicant may have`to pay additional fees for the use; f. The use would not .create excessive additional requirements at public cost for; public facilities and services and the use would not. be detrimental to the economic welfare of the community; g. The use will involve activity, process, material, equipment or conditions of operation that would -be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; see item (d) h. The use will have vehicular approaches to the property, which as designed will create an interference with traffic on surrounding public streets; the traffic is a concern. It is not the bomber of vehicles entering and exiting the proposed site so much as it is the problems with the flow of that traffic. i. The development of the property will not result in the destruction, loss or damage of a natural 'or scenic feature of major importance. ~ ~n 9. It is recommended that the conditional use permit be denied in this case for the above reasons. 10. Conditions may be .placed upon the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 ALBERTSON'S INC. - CONDITIONAL USE PERMIT (C-N) granting of ~a ,~ s ~ ~ ~ w. r conditional use permit if it i5 determined that the permit- should be .issued, to minimize adverse impact on other development. It is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use would be ,.. required, if a permit is issued, to wit: a. The conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner or lessor of the subject property or to ` aziother property; b. .The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, Meridian Fire Department, Meridian Police Department;.. Meridian Sewer Department, Central District Health Department and Nampa & Meridian Irrigation District and other governmental agencies submitting comments; ` c. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, far violation of any conditions imposed herein and other conditional use applications; d. A11 ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code; Uniform Plumbing Code, the Fire and Life Safety Codes, all parking and landscaping requirements; e. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. f. All signs must meet the requirements of the Uniform Sign Code and the Meridian City Ordinance. Flashing signs and temporary signs will not be permitted, All signs are subject to review and approval of the Planning and Zoning Department. Sign permits are" to be obtained prior ~to construction. Upon three days notice to any tenant, the City of Meridian ' will remove any unauthorized signage. g. Applicant will provide a screened trash enclosure per City Ordinance, Section 11-2-414.A.3. The applicant shall coordinate dumpster site locations . FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 ALBERTSON'S INC. - CONDITIONAL USE PERMIT (C-N)~ 8 .. • with the City's solid waste contractor, Sanitary Services, Inc., locating dumpsters so as not to impede fire access. h. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Graveled driveways, parking and access are unacceptable. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord.557, 10-1-91} for all off street parking areas. AlI site drainage shall be contained and disposed of on~-site. All driveway and parking stall dimensions shall comply with Meridian City Ordinance. i.. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to comply with pretreatment requirements as determined by the Meridian Wastewater Department, and enter into an Assessment Agreement with the City of Meridian. j. The Applicant shall provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed to not cause glare ~ or adversely impact neighboring residential properties or the traveling public, as determined by the City of Meridian. 11. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions if a permit is issued. 12. Tt is recommended the conditional use permit be denied to the Applicant. APPROVAL OF FII+IDINGS OF FACT AND CONCZUSIONS FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 ALBERTSON'S INC°. -CONDITIONAL USE PERMIT (C-N) ~; ~~ The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP VOTED COMMISSIONER MACCOY ~ VOTED COMMISSIONER SMITH VOTED ~~(~=~~~ COMMISSIONER NELSON VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED a DECISION AND RECON~NDATION , The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it deny the Conditional Use Permit requested by the Applicant for the property r described in the Appli ation. MOTION: APPROVED: DISAPPROVED: 5-8-98 -. Final FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 ALBERTSON'S INC. - CONDITIONAL USE PERMIT (C-N) *. ~1C ~ C~r~~ ~ • ~~ D Jli N - 2 1998 ~, PETITION fit'` ~~ ~~~~ ~'~ We the undersigned are against Albertsons Building a gas station at their Ten Mile & Cherry Lane location: . ,... _.... Alamo ~ ~ , ~~ s 1 ~~U ~ ~~~~_ W / A'" tz~ ~ Address Signature ~? ~^ ~ a (~ 3 ~.O is S fi-C•-•o~~l~ ~i•~S( Cr s v _, .,.~ ,~ ,~ ~a~ ~~~~.ar~ ~ y ~:.. ~~ ~~~o ,~~~~~-~ ~ ~~ I ~.~,-~,~ '* r iribu C~ J'4 ~Y P .. PETITION We the undersigned are against Albertsons Building a r gas station at their Ten Mile & Cherry Lane location: ru .i.~~Fav~.~..~~~.:, . ,~.~,., .. (~U ~IJC~JC~ c~ ~• 1.~ e3/~ e --~~ - -Address Signature ;~ ~ _ ..__. A PETITION iii e. ~ ~~~~ ~2 ~ a 3.5~ LJ k/m ~f~ek 3~yo ~ ~% I ~ ~~ ~;s~1YL~~ ~`7~ ~• cs~fyl ~ l/ /// ,---- 3~~ti ~ ~~ ~ ~r. -. ~ ~ ~ - ~~~ .r ~. ,~ _ . ~, We the undersigned are against Albertsons Building a gas station at their Ten Mile & Cherry Lane location: a y .. • PETITION We the undersigned are against Albertsons Building a gas station at their Ten Mile & Cherry Lane location: ~. ~ ~. ~ ... ,, ~~ ~~ R,~cE~D JUN - 2 1998 JUNE ~, 1998 CITY OF MERIDIAN ~, ~ ~~ ~ MR ~~-~rYf~~d, ]7ISTINGUISHED MEMBERS OF TI-IE COUNCIL,. A LITTLE OVER THREE SEARS AGO I WAS STANDING BEFORE THIS COUNCIL FOR THE SAME REASON I AM STANDING HERE NOW. SOME FACES ON THE COUNCIL HAVE CHANGED. THE PLAYERS HAVE +CHANGEL?, BUT THE PEOPLE OF THE COMMUNITY AI~3D THE LOCATION ARE VIRTUALLY THE SAME. THE POINT OF FOCUS HAS CHANGED BUT A LITTLE LIVER I00 FEET FROM WHERE IT WAS THREE YEARS AGO. I AM REFER.IIvTG TO THE PROPERTY JUST NORTH OF THE PROPERTY IN QUESTIOi`,7 TONIGHT. IT WAS ALcG REQUESTING A VARIANCE TO PUT A CONVIENCE AND +(~AS STATION ON THE OLD FULLER PROPERTY. AS I SEE IT TODAY THE ~jERY REASONS FOR REFUSING TO GRANT THAT VARIANCE BACK THFN STILL HOLD TR1_JE TODAY. THEY INCLUDE: DEPRECIATION OF PROPERTY VALUES. DEPRECIATION OF CHARACTER OF THE NEIGHBORHOOD. HEAL'I'II HAZARDS (IE GAS FUMES FROM THE PLTI~ZPS AND `T'ANK VEI~TTS, AND FROM CARS WAITII~3G TO GAS UP OR CARS LEFT RUNNING SO THE DRI_ VER CAN RUNNING INTO THE COVIENCE STARE JUST FOR A MOMEN T TO PICK UP A PACK OF CIGGERI-RTES ~3R A BEER) THUS CAUSING AN INCREASED CRIME RATE FROM STOLEN CARS. LOITERIl~TG INCREASED GLARE FROM ADDITIONAL LIGHTING (WHICH HAS BEEN A PROBLEM IN THIS PARKING LOT FRC7IvI THE START.} LASS OF PRIVACY FROM Il`TCREASED TRAFFIC AND NOISE LEVELS. I HAVE SEVERAL LETTERS FROM NEIGHBORS IN THE AREA WHO WERE OPPOSED TO THIS KIND OF BUSINESS, AND STILL ARE TODAY. I WOULD LIFE TO DRAW YOUR ATTENTION TO ONE LETTER IN PARTICULAR FRAM A MS. JUDITH LOLLEY. HER LETTER IS OF x .3. __. a , -'1 al's C(~'V--CL ~ ~ ~ /; • • i a; January 5, 1995 Planning and Zoning Board City of Meridian .- RE: Proposed rezoning and construction of a Service Station and Convenience Store on Fuller residential property at the NW corner of N. Ten Mile Rd. and Cherry Lane Dear Members of Planning and Zoning Board, Our property is. located at 1750 N. Ten Mile road, approximately 110 feet from the property being considered a Service Station and Convenience Store. We are vehemently opposed to the building of a Service Station and Convenience Store on this property for the following reasons: 1. Noise - A service station and convenience store would substantially increase the noise from early morning to late at night completely destroying the reason we built our retirement home at this location in the first place-, the peace and quite of a rural residential setting. , 2. Traffic - Traffic would obviously increase a great deal and at the present time it is such that for approximately 20Q to 300 yards North of the intersection" to North Ten Mile Road and Cherry Lane it is very difficult to access Ten Mile Road and the increased traffic would cause this area to be a traffic hazard. 3. Pollution - The increased stop and go traffic at a facility such as a service station and store would increase air pollution and .contribute a great deal of litter in this residential area. 4. Crime - Having a service station and store in `this area would almost certainly increase vandalism and burglary,. Also if the store as most would sell alcohol •it would greatly increase the number of intoxicated drivers in a residential area. 5. Overall devaluation of home values - The aformentioned potential problems will detract from the general quality 'of life and overall aesthetics of the `neighborhood and would unquestionably devalue our property. Considering these five primary problems plus many others e,. ~ti ~.. ~ ~ ~ ~ _ ~ ~ j .. s .. .~• }.1 which would unquestionably arise if this facility were built " it is obvious that it is inappropriate for. the neighborhood. Also it must'be noted that a similar-facility ~ -is located within one mile making this one unneeded. t Sincerely, Ernest E. and Blanche Hepper 1750 N. Ten Mile Rd. Meridian, Idaho 83642 4 e «. 1 E T b' C • To whom it may concern: '" leE`IM' ~ 'o ~~ a" ~ ~. January 9, 1995 . ~. a ~ 4 We, Jerry D. and Connie J. F~ohan, homeowners residing at ti255 Woodmont, Meridian, ID very strongly oppose James W. and Lois J. Fuller's ~ Application for a Conditional Use Permit for the purpose of constructing a convenience store/gas station. We purchased our property here two years ago based an the following: 1: We sold our other home here in Meridian due to the same type of situation. A school, carwash and a medical clinic were put in our . neighborhood. Dur neighborhood very quickly became run down and trashy after these commercial type properties were put in. ;The traffic down our street after these businesses were put in was horrible. It was a constant steady flow of traffic and people drove like =they were on the freeway. The speed limit was 25 mph and people ripped down the street at anywhere ` from •35 to 5v3 mph. 2'. This property was in an all residential area..: ~ti. This neighborhood was very clean and very safe for our children. • 4. The property values here were appreciating rather than decreasing. ~ We strongly oppose the construction of this convenience storelgas station for the following: 1. Property value and resale of this property. ~. Total loss of our privacy both inside and outside our home. 3. The loitering of high 'school kids and potential gang type activities. 4. Vandalism to our property ti.e. back fence, house & cars). 5. Trash scattered all over our yard and neighborhood. b. Gas fumes from the station. as the gas pumps will be located directly over our back fence. 7. The lights from this convenience store/gas station will beam directly into our bedroom window as well as the rest of our house. 8. Noise 24 hours a day. ! ' i 1 yr , ~~.i A 1 a ' 9. Our backyard would be a potential escape route from armed robberies of the store. ~ r ~' 1~~. Our children would no longerzbe safe out playing in their own' back yard. 11. Our dogs would be constantly disrupting the neighborhood be barking and digging at the back fence. 12. Increase of traffic flow as our street will be potentially used as a thoroughfare. We ask: why should one person be allowed to profit off of such a business-and the whole neighborhood pay by losing quality of life and thousands. of dollars on their property^ JE Y D HAN CONNIE J. ROHAN a- SENT BY~BOISE, ID 1-10-95 10 01 ; HAWLEY TRO -~ Jesnuary 10, 1995 >!tridian Planning and Zoning Commmission Meridian City-Hall 33 bast Idaho Avenue meridian, ID 83642 >Ras lRullar Property Rszono sad 1Requaet for Coaditioaal Qso pax~tit ` Dear Comtaissioners: I am the president of the Chorry Lane Village Subdivision, xo~a. 3, a, and 5_ Aa president of the $ubdivision, I represent 87 homeowners, and the subdivision has .been approved far 1A5 homes, ar-d I writs on behalf of theme homeowners. We are very very concerned about the application for rezone and oonditional uae permit ~rhich the Fullers have subYaitted. We each bought our homes and invastea substantial sums of money in a planned subdivision !or the same reason--the planned subdivision provided absolute assurances that the integrity of the neighborhood would be maintained. At the time ve bought our lots, the site o! the requested rezone was also coned residential. 7co permit a rezone and to pertttit a `' convenience store to be constructed will unfairly prejudice us all because we retied upon the residential zoning and character ot~the area. The construction of a oonv®nience store will °seriously and irreparably damage the integrity oP the neighborhood. In addition, although the values of the adjoini»q landowners' homes will be alfnctQd the most, the resulting decrease in values to all of the homes within the subdivision is immense and undeniable. The experience of Judith Lolley is telling and cannnt be ignoxad. A decision by the Planning and Zoning Commission to permit a convenienco store ig, in fact, a decision to subject the surrounding homes to the nightmare to which b!<e. Lolloy was subjeatad. Moat importantly, because of the site oP tlia lot and tho proposed uae, there is absolutely no means of providing an adequate buffer to the n~aighborinq homes and the neighborhood. ~ ~ ° ~¢ 1 208 888 3961; 2/ 2 E °. 1 ,a ~.. ~! Meridian Planning and Zoning Commission January 9, 1995 Page 2 I have heard only negative comments about the proposed convenience store, and it would be entirely unfair for the Planning and Zoning Commission to allow the convenience store to be constructed over all of the objections of the surrounding landowners. The Fullers, as the owners of a property zoned residential, have some minimum duty to respect their neighbors, and the Planning and Zoning Commission should not allow the Fullers to•undermine the integrity of our neighborhood in this manner. Thank you for your attention to our concerns, and we hope that an acceptable result is reached on the Fullers' •application. Sincerely, >1 •~,ezt,t,'~ ernon Croft, esident .. . _ 1 e * ~ 1~, ~. 4 'gym. (t • ~ t ~~ i a ~ ~~ a Judith Lo11ey 1720 Crestmont Drive Meridian Idaho 83642 Planning and Zoning Comission Meridian Idaho 83642 The content of this letter is to inform the Commission of the issues that face dwellers who reside in homes next to convenience stores. I myself have lived next door to a convenience store since 1980 and have had considerable experience in dealing with convenience stores as neighbors. The first issue to deaf with is the noise issue. Convenience stores typically use a type of heating/cooling system that is extremely noisy. The particular store next to my home has a unit that is very noisy in the summer. It can make a pleasant afternoon on` the deck very annoying and I've spent many a night having difficulty sleeping from the noise. The other noise factor is the customer. Many customers do not have the courtesy to turn off their "boom boxes" as they purchase gasoline or whatever. Thus, you may be awakened at 3AM to the sound of base loud enough to rock your house. This, of course, is annoying as they travel through neighborhoods, but fortunately they usually don't stop in front of your house. I have called the store next door to me to ask them to tell the customer to turn off the radio, sometimes it works, sometimes it does not. The next issue is the damage to physical property. Many years ago I asked the store next to me if they wanted to share the cost of building a fence between my property and their and they did not, so my fence is on my property line. The store next door to me does not fence in their property on the other ends (east and west), and it is close to a mobile home park. The customers constantly climb over my fence to get to the store property. I even had to replace several boards in the fence where customers have kicked the boards in so they would-not have to go over them. I have an actual video of customers doing just that. Currently, my fence is barely standing and I will need to have it repaired, on that side from the weight of customers climing over-1 have put up "no Trespassing "signs on the fence, but it does not help. Safety is an issue ,because the back of the store is unprotected, people hang out behind the store an smoke, fight, and urinate. Several customers have urinated on my fence. I have written to the store and have had no response. Many year's ago, the person accused of murdering the lady at the Wishing Well on Fairview Ave, before the time of this arrest, spent lots of afternoons sitting up against the wall behind the store. This little unprotected area attracts a lot of people who are usually doing something they want to hide. Smoking around this area is particularly dangerous in that the weeds behind the store are dry and waist high. A few years ago, after a robbery at the store, police asked if they could search my yard and garage to look for asuspect--at 2AM this is a little unnerving. One would think a robber would flee miles away from the area, but evidently this was not the case that night. I assumed the police had good reason to inspect my garage and yard. The actual physical area usually accumulates a lot of trash--customers typically open their candy bars or whatever and drop the trash at the store, which blows over onto my front lawn. _ - , g ~ , '*I .~ • ~ .~p ,, s ; Just months prior before, the area where customers, filled their tires was not paved. and cars ~ h driving. on dirt and rocks would track the rocks onto the sidewalk area--it is a wonder to me ' a that°customers had not fallen or twisted their ankle on all the rocks on the sidewalk. The store has a lot of "gunk" sitting around behind--like some old blocks of broken concrete that have , ~ ` b been there for years. The only attempt I have seen to beautify was a quick weed cutting last year, and an improved black top by the air hose. Anywhere you have customers who don't care, you are going to have problems, but some f safeguards could have been implemented to protect the neighborhood from those problems. It would have been so nice had this store simply put up a very high cyclone-fence to protect their area and prevent customers access to the store from behind. It would have been a nice gesture , had they wanted to pay for part of my fence . It would have been nice had they asked their employees to periodically go out and pick up the trash in their lot and their neighbors and to actually put out trash cans. It would have been wonderful had they posted a sign (if legal) stating that if they want to buy gas they have to turn off their "boom box". If it were my store I would take a hundred dollars and plant some nice shrubs and "litter catcher" bushes along my property. As it is, 'I simply will not shop at the store next door to me and any other store with that logo, simply because they behave in a banner that indicates they do not care about their neighborhood. My house is not grand, but it is my home. {- Judith R. Lolley ' 1720 Crestmont Dr. Meridian, Idaho ,~, 5. ~ ~ ~. ~ ] ~ a ~ # Y .. e f~ !- • January 9, 1995 Re/Max of Boise 720.1 W. Franklin Rd. Boise, ID 83709 , Mr. Steven Spoor 1720 N. Aronmink Way Meridian, ID 83642 HAND. DELIVERED ,Re: James W. Fuller and Lois J. Fuller Re-zone application from R-4" to L-O (special use: Convenience Store) near the N.W. quadrant of Ten Mile Rd. and Cherry Lane, Meridian, Idaho Dear Mr. Spoor: This letter is offered to you in response:to your asking me if the approval and installation of a Convenience Store adjacent to your°residential dwelling at the above captioned address would impact the value of said residence. The answer to your question is clearly, yes, your value would be impacted in a negative way if a convenience-store is permitted to be built next to your home. As a full-time professional realtor now and for the past sixteen years in this county I, am constantly in the business of selling. real property. Unquestionably, in this age of consumer awareness, buyers are prone to avoid those properties with re- ~sale impediments such as proximity to dissimilar uses such as would occur if the above application were approved. Not only would you have to sell your residence"for less but it would take you much longer to find a buyer willing to put up with the°negative influence of an adjoining convenience store. ' ~ Sincerely,e John Blakeslee, G.R.I. Assoc. Broker _ ~E~ ; , s ~ ~ ~ ~e t ~ r~ Y ~ ~. PETITION FOR OPPOSITION. OF REZONING FROM R-4 TO L-O &• ~ ~~ CONDITIONAL IISE PERMIT TO CONSTRUCT A CONVENIENCE STORE GAS STATION ON NORTHWEST CORNER OF TEN MILE ROAD AND CHERRY LANE We. the undersigned homeowners and residents in the area of Ten °Mile and Cherry Lane, do STRONGLY oppose the Rezoning from R-4 to L-O and°Conditional Use Permit to construct a convenience store/gas station on said property of James W. and Lois Jean Fuller located at 1635 North Ten Mile Road, Meridian, ID 83642. Our reasons for opposition are as follows: Depreciation of surrounding property and residential values and resale values, depreciation of image into Cherry Lane Village Subdivision and Galf Course, increase in noise 24 hours a day, increase in traffic, health hazards such as gas ` fumes, car exhaust and potential underground gas, seepage, increase in crime rate and vandalism, loitering, lights shining into surrounding residential households (ie. bedrooms) during nighttime hours, loss of backyard privacy in surrounding residential households, properties were purchased knowing that this area was zoned Residential, environmental impact. with the loss of trees and wildlife. ` ~{ PRINT NAME SIGNATURE ADDR-ES~S 1.,/ 2.~ 3~ 4.~ 5. 6. ~~ 7 . ~, 8. 11. 12 . 14. 15 . ~T ~~ ~(~Q~ ~~ ~a r_hPK /~' 7d 1~CL~.r/~. ~ ~ ~ i ~ 3 i i i ~ ' PETITION FOR OPPOSITION OF REZONING FROM R-4 TO L-O ~ S CONDITIONAL IISE PERMIT TO CONSTRUCT A CONVENIENCE STORE/GAS STATION ON NORTHWEST CORNER OF TEN MILE ROAD AND CHERRY LANE ~ We. the undersigned homeowners and residents in the area of Ten Mile and Cherry Lane, do STRONGLY oppose the Rezoning from R-4 to L-0 and Conditional Use Permit to construct a convenience store/gas station on said property of James W. and Lois Jean Fuller located at 1635 North Ten Mile Road, Meridian, ID 83642. Our reasons for opposition are as follows: Depreciation of surrounding property and residential values and resale values, depreciation of image into Cherry Lane Village Subdivision and Golf Course, increase in noise. 24 hours a day, increase in traffic, health hazards such as gas fumes, car exhaust and potential underground gas seepage, increase in crime rate and vandalism, loitering, lights shining into surrounding residential households (ie. bedrooms) during nighttime hours, loss of backyard privacy in `surrounding residential households, properties were purchased knowing that this area was zoned Residential, environmental impact with the loss of trees and wildlife. PRINT NAME SIGNATURE ADDRESS 1. 2. 3.~ 4 .~ 5~ 6.~ ~~ a.~ 9., IO . 11 . 12 . 13. 14. 15 . ~1R. ~e~~ L ~ Ce~~ ~~~~ s ~~,t~, ~~ ~ ~ ~/q 3% ~.' e~ t ~- ,~~ ,. ~ ~` ~ ~ i We. the undersigned homeowners and residents in the area of Ten Mile and Cherry Lane, do STRONGLY oppose the Rezoning from R-4 to L-O and Conditional Use Permit to construct a convenience store/gas station on said property of James W. and Lois Jean Fuller located at 1635 North Ten Mile Road, Meridian, ID 8364.2. Our reasons f.or opposition are as follows: Depreciation of surrounding property and residential values and resale values, depreciation of image into Cherry Lane Village Subdivision and Golf Course, increase in noise y 24 hours a day, increase in traffic, health hazards such as gas fumes, car exhaust and potential underground gas seepage, increase. in crime rate and vandalism, loitering, lights shining into surrounding residential households (ie. bedrooms) during nighttime hours, loss of backyard privacy in surrounding residential households, properties were purchased knowing that this area was zoned Residential, environmental impact with the loss of trees and wildlife. PRINT NAME SIGNATURE ADDRESS // ~~ 1 / ~' 2.,~L~hG 3/ 4. I'QN6, ~- 6 . ~~ ~ %~,/% s. 9. ' 10 . /~~ ~/ 11. 12 ..-J1~. 13 .~~:n L 1 1: ~i , ~~ u .. ~ .39 ~. . ~a ~ ~ _ ,~, .~Yto ow 377 ___:?L~ z~ ~~~ s '~ s ~~ ~~ ~G~ ~'~ ~v' L /'. .~S ~- ~. '~R . ~~° r~ Fem. ~~ o • ~. t+ STATION ON NORTHWEST CORNER OF TEN MILE ROAD AND CHERRY LANE We. the undersigned homeowners and residents in the area of Ten Mile and Cherry Lane, do STRONGLY oppose the Rezoning from R-4 to L-0 and Conditional Use Permit to construct a convenience store/gas station on said property of 3ames W. and Lois Sean Fuller located at 1635 North Ten Mile Road, Meridian, ID 83642. Our reasons for opposition are as follows: Depreciation of surrounding property and residential values and resale values, depreciation of image into Cherry Lane Village•Subdivision and Golf Course, increase in noise 24 hours a day, increase in traffic, health hazards such as gas fumes, car :exhaust and potential underground gas seegage, increase in acrime rate and vandalism, loitering, lights shining into surrounding residential households (ie. bedrooms) during nighttime hours, loss of backyard •privacy in surrounding residential households, properties were purchased knowing that this area was `zoned Residential, environmental impact with the loss of trees and ~. wildlife. PRINT NAME SIGNATURE ADDRESS 2~6~tI ~~ ~~ e o ~~ ~~~~~~ 37~~ ~~'~~ 3. 4. 5. 6. 7. . 8. s. to 1: 1. 13. 14. 15! T ^~ o '; j. ~ r~~ 4 PETITION FOR OPPOSITION OF REZONING FROM R-4 TO L-O .& CONDITIONAL IISE PERMIT TO CONSTRIICT A CONVENIENCE STORE/GAS STATION ON NORTHWEST CORNER OF TEN MILE ROAD AND CHERRY LANE ' We. the undersigned homeowners and residents in the area of Ten Mile and Cherry Lane, do STRONGLY oppose the Rezoning from R-4 to L-O and Conditional Use Permit to construct a convenience store/gas station on said property of James W. and Lois Jean Fuller located at 1635 North Ten Mile Road, Meridian, ID 83642. Our reasons for ,.opposition are as follows: Depreciation of surrounding property and residential 'values and resale values, depreciation of image into Cherry Lane Village Subdivision and Golf Course, increase in noise 24 hours a day, increase in traffic, health hazards.. such as gas fumes, car exhaust and potential underground gas seepage, increase'- in crime rate and vandalism, loitering, lights shining into surrounding residential households (ie. bedrooms) during nighttime hours, loss of backyard privacy in surrounding residential households, properties were purchased knowing that this area was zoned Residential, environmental impact with the loss of trees and wildlife. f ~ . $•~ 9.~ l0y 11 .- 12 . 13. 14 . 1 ~ ~~ .~~, ~ ~~ , .~,.o._ ~--/- `~,.,.._ l lS~ I ~1 tC..x~,`y~._.~y.1/~ 15 . ~ ~ l ~ r'~~ ~ ~r~ ~ Q 0„g~_r 4! ~ ~ ~y,~ ~ ~, ~ ~ i V bl.z n.~„ n~ I~G ~L ;~` ~c ~~~L u/'~/ t, PRINT NAME SIGNATURE ADDRESS `i PETITION FOR OPPOSITION OF REZONING FROM R-4 TO L-O & CONDITIONAL USE PERMIT TO CONSTRIICT A CONVENIENCE STORE/GAS STATION ON NORTHWEST CORNER OF TEN MILE ROAD AND CHERRY LANE We. the undersigned homeowners and residents in the area of Ten Mile and Cherry Lane, do STRONGLY oppose the Rezoning from R-4 to L-O and Conditional Use Permit to construct a convenience store/gas station on said property of James W. and Lois Jean Fuller located at 1635 North Ten Mile Road, Meridian, ID 83642. Our reasons for opposition are as follows: Depreciation of surrounding property and residential values and resale values, depreciation of image into Cherry Lane Village Subdivision and Golf .Course, increase in noise 24 hours a day, increase in traffic, health,. hazards such as gas fumes, car exhaust and potential underground gas seepage, increase in crime rate and vandalism, loitering, lights shining into surrounding residential households (ie. bedrooms) during nighttime hours, lass of backyard privacy in surrounding residential households, properties were purchased knowing that this area was zoned Residential, environmental impact with the loss of trees and wildlife. ~f 9 s/ ~tc.~~u `C.L~~ ~ ~a~ l~'G ~ yr~Gli~ ~ ._ . y 6. 'ce ~ ~ wQ~ 9. rUl~u~e-l~ ~y6K.grcAlr~-r1 ~.(r-.~~~-~n~,~.- r8c~~ c~a~~-.r~.e.~~`~ to . I N R C ~J ~ ~~ L~ ~ '.~. ~ 9 3 ~ I ~.Y ~. ~ ~ ~l~Y 12 ~ 1`1 l\ -~ 5 ' f1 ~~~ _ ,. , 14. 13 . r G~. / . 1~~-.~N Tb~`~ S P~7~sa~ ~°' 15. GCh'l.+` C~ ~~` 170 ~~u~~ ~,~:~ PRINT NAME SIGNATURE ADDRESS • r t .„~ . ~ . ~ F i fr ~~, ~, e PETITION FOR OPPOSITION OF REZONING FROM R-4 TO L-O & ~ CONDITIONAL USE PERMIT TO CONSTRUCT A CONVENIENCE STORE/GASH STATION ON NORTHWEST CORNER OF TEN MILE ROAD AND CHERRY LANE, We. the undersigned homeowners and residents in the area of Ten Mile and Cherry Lane, do STRONGLY oppose the Rezoning from R-4 to L-0 and Conditional Use Permit to construct a convenience storeJgas station on said property of James W. and Lois Jean Fuller located at 1635 North Ten Mile Road, Meridian, ID ,83642. Our reasons for opposition are as follows: Depreciation of surrounding property and residential values and resale values, depreciation of image into Cherry Lane Village Subdivision and Golf Course, increase in noise.. 24 hours a day, increase in traffic, health hazards such as~ gas fumes, car exhaust and potential underground gas seepage, increase in crime rate and vandalism, loitering, lights shining into surrounding residential households (ie. bedrooms)~during nighttime hours, loss of backyard privacy in surrounding residential households, properties were purchased knowing that this area was zoned Residential, environmental impact with the loss of trees and wildlife. --~ PRINT NAME SIGNATURE ~~/ ADDRESS 1 . '-'T ~ 2 . ~ 4- ~ 3 .~,,: 4. 5.~ 6. 7. 8 . .; ~c 9. 11. 12 . 13. 14. 15 ' ~r~0y Z~~; (~~, ',dMO~I~ ~~' w~d~~~J7 D/= ~j ~ moo ~ ~/ L~oc~y>+o~a~ ;. • • . PETITION FOR OPPOSITION OF REZONING FROM R-4 TO L-0 7 CONDITIONAL USE PERMIT TO CONSTRUCT A CONVENIENCE STOREiGAS STATION ON NORTHWEST CORNER OF TEN MILE ROAD AND CHERRY LAND We, the undersigned homeowners and residents in the area of Ten Mile and Cherry Lane, do STRONGLY oppose the Rezoning from R-4 to L-0 and Conditional Use Pernut to construct a convenience store/gas station on said property of James W. and Lois Jean Fuller located at 1635 North Ten Mile Road, Meridian, ID 83642. Our reasons for opposition are as follows: Depreciation of surrounding property and residential values and resale values, deteriorating the image of surrounding residential homes, increase in noise 24 hours a day, increase in traffic, health hazards such as gas fumes, car exhaust and potential underground gas seepage, increase in crime rate and x vandalism,.. loitering, lights shining into surrounding residential households {i.e. bedrooms) .during nighttime hours, loss of backyard privacy in surrounding residential households, properties were purchased knowing that this area was zoned Residential, environmental impact with the lost of trees and wildlife. PRINT NAME SIGNATURE ADDRESS 1.~ 2.~ 3. ~[. 4.~ 5.~ 6. J 7:~ 3 8.~ 9.~ ., 10.~ . 1.1 12 13~ 14.1'-~~ s :`, .~~ fir, ,~ 7~~ N. v~cra2 ~vE_ ~~ ~«~ ~~ .. ST~A r.. e • • . PETITION FOR OPPOSITION OF REZONING FROM R-4 TO L-0 7 CONDITIONAL USE PERMIT TO CONSTRUCT A CONVENIENCE STORE/GAS STATION ON NORTHWEST CORNER OF TEN MILE ROAD AND CHERRY LANE We, the undersigned homeowners and residents in the area of Ten Mile and Cherry Lane, do STRONGLY oppose the Rezoning from R-4 to L-0 and Conditional Use Permit to construct a convenience store/gas station on said property of James W. and Lois Jean Fuller located at 163 North Ten Mile Road, Meridian, ID 83642. Our reasons for opposition are as follows: Depreciation of surrounding property and residential values and resale values, deteriorating the image of surrounding residential homes, increase in noise 24 hours a day, increase in traffic, health hazards such as gas fumes, car exhaust.and potential underground gas seepage, increase in crime rate and vandalism, loitering, lights shining into surrounding residential households (i.e. bedrooms} .during nighttune hours, loss of backyard privacy in surrounding residential households, properties were purchased knowing that this area was zoned Residential, environmental impact with the lost of trees and wildlife. PRINT NAME SIGNATURE ADDRESS 1. 2. 3. 4. 5. 6. 7. 8.~ 9. 10. 11. 12. --~ ~ c. ~c ~ pr 13. U ' G ~ ~~~ ~~~ 14.~;~k Ze(/e ~ i;. a -~r~.~c ~ ~3~y~ ~-. 30 ~/i~~c~,e._ ~ ? G c`f ic-fa ~- 3Gl e I Via= ~: ~, • • a .PETITION FOR OPPOSITION OF REZONING FROM R-4 TO L-0 7' CONDITIONAL USE PER~'~fIT TO CONSTRUCT A CONVENIENCE STORE/GAS. STATION ON NORTHWEST CORNER OF TEN MILE ROAD AND CHERRY LANE We, the undersigned homeowners and residents in the area of Ten Mile and Cherry Lane, do STRONGLY oppose the Rezoning from R-4 to L-0 and Conditional Use Permit to construct a convenience store/gas station on said property of James W. and Lois Jean Fuller located at 163 North Ten Mile Road, Meridian, ID 83642. Our reasons for opposition are as follows: Depreciation of surrounding property and residential values and resale values, deteriorating the image of surrounding residential homes, increase in noise 24 hours a day, increase in traffic, health hazards such as gas fumes, car exhaust and potential underground gas seepage, increase in crime rate and vandalism, loitering, lights shining into surrounding residential households. (i.e. bedrooms) during nighttime hours, loss of backyard privacy in surrounding residential households, properties were purchased knowing that this area was zoned Residential, environmental impact with the lost'of trees and wildlife: • a ,. ~f ;, ~~I,< ., ~+ Q PRINT NAME SIGNATURE ADDRESS 1. . G%~~itt-~- ~ o ~~i~ 4.~ ~ ~ ~s;i v~G~ .r .~iYi r~- ~f - YY'~S j~ 3. ~~ ~ N~~1 ~/i~~-. 3 o-rg w 6 ~ ~ 4. /I~f},eGff,~r c ~vr~,~~ ~ ~ 3io~o tv. ~anstotiJ~ s. ~ /~ .~. t~. 8 s. 9. 10. 11. 12. 13: 14. , • • • ~° ~.~ ,~ PETITION FOR OPPOSITION.. OF REZONING FROM R-4 TO L-O & ~ , _CONDITIONAL USE PERMIT TO CONSTRUCT A CONVENIENCE STORE/GAS STATION ON NORTHWEST CORNER OF TEN MILE ROAD AND CHERRY LANE We. the undersigned homeowners and residents in the area of Ten Mile and Cherry Lane, do STRONGLY oppose the Rezoning from R-4 to L-0 and Conditional Use Permit to construct a convenience store/gas station on said property of James W. and Lois Jean Fuller located at 1635 North Ten Mile Road, Meridian, ID 83642. Our reasons for opposition are as follows: Depreciation of surrounding property and residential values and resale values, depreciation of image into Cherry Lane Village Subdivision and Golf Course, increase in noise 24 hours a day, increase in traffic, health hazards such as gas fumes, car exhaust and potential underground gas seepage, increase in crime rate and vandalism, loitering, lights shining into surrounding residential households (ie. bedrooms) during nighttime hours, loss of backyard privacy in surrounding residential households, properties were purchased knowing that this area was zoned Residential, environmental impact with the loss of trees and wildlife. PRINT NAME 1. l'~! a; K -r~~ 2 . T~~;--~Y ~ 'F 4 5 6 7 $s1-(o7~- r g SIGNATURE "%iL ~~ '~ 6 t~' ADDRESS 3~~~ c~.C~~~~~~~~s2. . ~'Lt-c»~~ ~ ~~- ~ • `lrt.~ue.. ~~ ~O ~ 7` CJ c ~~ d ~r,~ amt f ~r'r /~.. 10 ~~it~ ~s--T 11 - 12 .• 13, 14. 15 . • } PETITION FOR OPPOSITION OF REZONING FROM R-4 TO L-O & CONDITIONAL IISE PERMIT TO CONSTRUCT A CONVENIENCE STORE/GAS x STATION ON NORTHWEST CORNER OF TEN MILE ROAD AND CHERRY LANE. We. the undersigned homeowners and residents in the area of Ten Mile~and Cherry Lane, do STRONGLY oppose the Rezoning from R-4 to L-0 'and Conditional Use Permit to construct a convenience store/gas station on said property of James W. and Lois Jean Fuller located at 1635. North Ten Mile Road, Meridian, ID 83642. Our reasons for opposition are as follows: Depreciation of surrounding property and residential values and resale values, depreciation of image into Cherry Lane Village Subdivision and Golf Course, increase in noise,, 24 hours a day, increase in traffic, health hazards such as gas fumes., car-..exhaust and potential underground gas seepage, increase in crime rate and vandalism, loitering, lights shining into surrounding residential households (ie. bedrooms) during nighttime hours, loss of backyard privacy in surrounding residential . households, properties were purchased knowing that this area was zoned Residential, environmental impact with the loss of trees and wildlife. 1. moo'-~'/ /~ 2 . I L~ 3 . ~° ~ V 4. e 5 , ~~C~o~ 6. 7. e- 8 . _1.LLL~a~ 9. 10 . 11 : ~ `~"` ~ 12 . o C~ ~ 13. 14. 15 . E ~ ~ , 9 ~ ~ 8 ,~'.~ y i } ~ . # ; h f ~, PRINT NAME SIGNATURE ADDRESS 3 ., ,~ '~ ~ f; .,x ~ ~ CONDITIONAL u5r: YL''KMl'1'"'1'V ~un5"rnu~:"r .ci I.VPIV~l.lr.i.~.c. ~ aiva~t./ vc~-+ 'STATION ON NORTHWEST CORNER OF TEN MILE ROAD AND CHERRY LANE We. the <undersignedu,,homeowners and` 'resi-dents" in thee. area Hof. Te Mile and Cherry Lane, do "STRONGLY ,ogpose the Rezo`riing from R ~4K-to L=0-and Contiit"ional Use Permit to const'ruc't a `convenience store/gas statjomxon„said,..property of James W, and Lois Jean Fuller located at°°1635A North Ten Mile Road, Meridian, ,ID " 83642. Ourreasons .for opposition are as follows: Depr~eciation'"of~surroundirig: property, and .residential values and -resale values,, ydepreciation4 of 'image- into Cherry Lane`Vil~lage~ Subdivision and Golf'TCourse, increase in noise '24 hours a day,. increase +ins--to-ra'ffic,; ~,hea1'th hazards :.such as_.gas fumes, car exhaust and poterit'a1 unde"rgryound gas"s`eepage,_~:ncrease .Min crime "a `rate and vandalism, Y rloi't'ering, ~ light's shining-:: pinto surrounding residential households (-ie. bedr'ooms} `during' nighttime hours, Ions of- backyard ~priuacy in surrounding residential households, properties were purchased knowing that this area was zoned Residential, environmental impact with the loss of trees and wildlife. ... - ~ t PRINT NAME E SIGNATURE ADDRESS r _. Y ~ ,~ ~' w s e ~ 1,-. .. a.. ~~~ .. ~.. ~. - .. "~ x ~ .~ - - . ~... R~ T 5 N .~ _ .... ,_ A.. .~ 6. 7. 9 : ~ ... 10 .11 w~ _~ 12` ~. ~ ~_ 1,3_~ ~ . 14' - - .. ~ 15 . - ; ~ ~,IG m ~ ~ M i. ~ L ,~~ PETITION FOR OPPOSITION OF REZONING FROM R-4 TO L-O ~ ~ F ~ ~~~ CONDITIONAL USE PERMIT TO CONSTRUCT A CONVENIENCE STORE/GAS ~ r n STATION ON NORTHWEST CORNER OF TEN MZLE ROAD AND. CHERRY LANE , ~ We. the undersigned homeowners and residents in the area of Ten Mile and Cherry Lane, do STRONGLY oppose the Rezoning from R-4 to L-0 and Conditional Use Permit to construct a convenience store/gas station on said property of James W. and Lois ,lean Fuller located at 1635 North Ten Mile Road, Meridian, ID 83642. Our reasons for opposition are as follows: Depreciation°of surrounding property and residential values and resale values, depreciation of image into Cherry Lane Village Subdivision and Golf Course, increase in noise 24 hours a day, increase in traffic, health hazards such as gas fumes, car exhaust and potential underground gas seepage, increase in crime rate. and vandalism, loitering, lights shining into surrounding residential households {ie. bedrooms) during nighttime' hours, loss of backyard privacy ~in surrounding residential households, properties were purchased knowing that this area was -zoned Residential, environmental impact with the less of trees and. wildlife. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 . 11 . 12 . 13. 14. 1S . c~ic~~ E t 0. B ,~ PRINT NAME SIGNATURE ADDRESS • 9 ~fi $~ ~~ PETITION FOR OPPOSITION OF REZONING FROM R-4 TO L-O & ~ •t' CONDITIONAL USE PERMIT TO CONSTRUCT A CONVENIENCE STORE/GAS a ~ STATION ON NORTHWEST CORNER OF TEN MILE ROAD AND CHERRY LANE We. the undersigned homeowners and residents in the area of Ten .Mile-and Cherry Lane, do STRONGLY oppose the Rezoning from R-4 to L-O and Conditional Use Permit to construct a convenience store/gas station on said property of James W. and Lois Jean Fuller located , . at 1635 North Ten Mile Road, Meridian, ID 83642•. Our reasons for opposition are as follows: Depreciation of surrounding property and residential values and resale values, depreciation of image into Cherry Lane Village Subdivision and Golf Course, increase in noise 24 hours a day, increase in traffic, health hazards such as gas fumes, car exhaust and potential underground gas seepage, increase in crime rate and vandalism, loitering, lights shining into surrounding residential households (ie. bedrooms) during nighttime hours, loss of backyard privacy in surrounding residential households, properties were purchased knowing that this area was zoned Residential, environmental- impact with the loss of trees and wildlife. 1. 2. 3. 4. 5. 6. 7. --- 8. - - -- 9. - - 10 . r 11. -- 1.2 . 13 -- 14. , 15 . i '~ ~ PRINT. NAME SIGNATURE ADDRESS .PETITION `FOR OPPOSITION OF REZONING FROM R-4 TO~L-O & CONDITIONAL USE PERMIT TO CONSTRUCT A CONVENIENCE STORE/GAS STATION ON NORTHWEST CORNER OFgTEN MILE ROAD AND CHERRY LANE We. the undersigned homeowners and residents in the area of Ten Mile and Cherry Lane, do STRONGLY oppose the Rezoning from R-4 to L-0 and Conditional Use Permit to construct a convenience store/gas station on said property of James W. and Lois Jean Fuller located at 1635,. North Ten Mile.Road, Meridian, ID 83642. Our rea-sons for opposition are as follows: Depreciation of surrounding property and residential values and resale values, depreciation of image into Cherry Lane Village Subdivision and Golf Course, increase in noise 24 hours a day, increase in traffic, health hazards such as gas fumes, car exhaust and potential underground gas seepage, increase in crime rate and vandalism, loitering, lights shining into surrounding residential households (ie. bedrooms) during nighttime hours, loss of backyard privacy in surrounding residential households, properties were purchased knowing that this area was zoned Residential, environmental impact with the loss of trees and wildlife. ~~ 9. 10 . 11 . 12 . 13. 14. 15 . :F Y ~' .. d • e • MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: MAY 12, 1998 APPLICANT: ALBERTSON'S INC. AGENDA ITEM NUMBER: 11 REQUEST: CONDITIONAL USE PERMIT FOR A FUEL ISLAND AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 4/14198 CITY ENGINEER: CfTY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: SEE ATTACHED F F 8~ C L MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA C©UNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: l~- ~~~ ~~c ~~~ ~ ~ ~~ ~I'~' r ~` ~~~ ~P BUREAU OF RECLAMATION: OTHER: All Materials presen#ed of public meetings shall become property of the City of Meridian. ,. i i i F MERIDIAN PLANNII~AND ZONING • APRIL 14, 1998 PAGE 84 Stiles: I was just going to ask if you -- I know that I said that it would be okay to close the public, but then you couldn't incorporate any of our comments on it. So I would like you to - Johnson: Okay, I'll re-open this public hearing at this time and entertain a motion for continuance, if that's what you want to do. Nelson: I am going to make a motion that we continue the public heazing to our next date May 12a'. Smith: Second.. Johnson: I have a motion and second to continue the public hearing on item no. 10 until May 12a', our next regulazly scheduled meeting. All in favor? MOTION CARRIED: All ayes. ITEM NO. 11: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR 20 TOWNHOUSES IN OLIASON PARK SUBDIVISION NO. 1 BY TONY HICKEY - EAST OF 603 E. PINE: Johnson: I will now open the public hearing. We will incorporate all prior testimony into item no. 11. Would the applicant like to add anything? Would anybody like to add anything? Seeing no one, hearing no one for discussion, I'll continue this public this public hearing. Smith: Mr. Chairman, I would like to make a motion that we continue this public heazing until our May 12~' planning and zoning meeting. MacCoy: Second'. Johnson: We have a motion and second to continue the public hearing on item no. 11 until May 12~', 1998. All in favor? MOTION CARRTED: All ayes. ITEM NO. 12: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A SECOND BUII,DING FOR A FUEL ISLAND BY ALBERTSON'S, INC. -SOUTHWEST CORNER OF W. CHERRY LANE & TEN MILE ROAD: Johnson: I will now open this public hearing and ask the applicant or it's representative to come forward and be sworn. CRAIG SLOCUM 200 N. 6~ WAS SWORN BY THE CITY ATTORNEY MERIDIAN PLA~NNI~ AND ZONING • APRIL 14, 1998 PAGE 85 Slocum: I am here this evening representing the applicant, Albertson's, Inc. I'm requesting a conditional use permit to allow a express fuel facility at the northwest corner of the existing Albertson's center at Ten Mile and Cherry Road. Albertson's is proposing to put this facility at this location to increase the services it provides to not only its existing customers but other residents live in western Meridian. The closest existing fuel facility is approximately a mile away at the intersection of Linder and Cherry and in the other direction at the Cheese Factory. What the facility consists of is a 70 square foot kiosk with very limited product sales. Three fuel dispensing locations and a covered canopy, and it would be located in what is now existing pazking and paved drive .aisles. In putting the new facility there, we've removed 16 parking spaces. But I will want to point out that the entire center still meets all applicable landscaping and parking ordinances. The applicant has read the comments from staff and from ACRD, and we do not have any problem with any of those comments, and try to keep this short and sweet. There are representatives from Albertson's this evening, and I am certainly available to answer any questions. Johnson: Okay, the only question I have is I'm assuming that's what we're looking there is up in the upper left hand corner. Slocum: That's correct. This is the fuel facility with three dispensing islands and the kiosk. Johnson: Is it still presently located over the subsurface drainage? Slocum: A portion of the construction would impede on the existing storm drainage structure that we built when the store was constructed. Our engineers have looked at what this construction would do to that and we don't- foresee a problem in meeting both the city engineer's comments as well as any of the need you may have. Johnson: Okay, I'm sure the commissioners have some questions. Borup: I think that probably answered my question. That was the main one I had, so it sounds like you would be coordinating with staff and city engineer on the relocation and whatever design criteria. Slocum: We met prior to submitting this application with the city engineer and discussed that and even prior to that had our own engineers look at what would be involved in it. We feel comfortable we can handle that. Borup: The only other question I have Mr. Chairman is make sure city engineer concurs with that. Johnson: Anyone else have any questions? MERIDIAN PLA1`~AND ZONING • APRIL 14, 1998 PAGE 86 MacCoy: That was mine also. Prior: I live just down the street from the Albertson's store. I'm kind of concerned about the traffic coming in and out of the only entrance and exit to that particulaz facility. You're talking about traffic coming in one way and traffic going out the other way. It's a dual exit entrance off of Cherry Lane. How do you anticipate handling all the extra traffic that's going to be going through there coming out of those pumps and crossing to get out? Do you have any way to anticipating those concerns? Or aze you anticipating any of that at all? Slocum: We have certainly a great portion of the traffic that's going to use this facility is already at this site. ACRD staffreport indicates the same. There certainly will be some additional trips generated, and in response to handling that additional traffic, we concur with ACHD's recommendations to add some stop bazs and stop signs which don't exist there now. Prior: You don't think people aze -and actually I disagree with ACHD. I don't think there's another gas station within half a mile in any direction over that way, and all that you aze surrounding by is all residential neighborhoods. I'm guessing that just about everybody who lives in all those residential neighborhoods are going to be stopping over there for gas. A lot of times, that's going to be all that they are stopping by and going in~ and out of that pazking lot frequently. I'm kind of concerned that you are going to see a lot of traffic going in and out of those pumps especially over there. My personal opinion if I can interject this, is I just think it's a real bad idea. Johnson: You already did interject your personal opinion when you told us all you lived down there. You could have just said from an attorney standpoint, what about traffic? Prior: Well, it wasn't that. It was just interjecting my own personal opinion having someone who has to live over there and I'm concerned about the traffic. That's too bad. Johnson: Any other questions? Prior: No, I think that's about it Borup: Can I go? I've got a question for the attorney, just same question I would have asked anybody else in the neighborhood. ACRD talks about 350 additional trips. Are you worried about - do you think it's going to generate more traffic passed your neighborhood. No, it's not passed my neighborhood that I'm worried about. What I'm worried about is that my wife goes down to Albertson's to go shopping in there and she pulls into the store, and next to Albertson's you have a pizza place and you have a hair salon place and the traffic going in offthe Cherry Lane, that's the only way in and out - in and out of that particulaz facility. That's wha~ I'm concerned about. I'm done. I probably shouldn't have said anything. MERIDIAN PLANNI~AND ZONING • APRIL 14, 1998 PAGE 87 Smith: I'm curious why the materials don't match the existing the store?. Slocum: That as you aze probably awaze as you read papers and articles, Albertson's is putting many of these facilities in. That is the design that our firm working with Albertson's has come up with. It deals with their corporate image as well as one issue. Smith: It doesn't look like the one in Eagle. Slocum: Nor does the store here look like the store in Eagle. Smith: Right,°and that's why I am going to ask you to match the materials on the pollards in the store with a minimum on the canopy. And .I'm probably going to ask that you match the color scheme on the little kiosk. Get the person that you pay is in too. It's on the same side. I think that things should tie together and I think it should be stucco and try to match the same color scheme. What is the height of the canopy? I didn't see that on there. Slocum: To the bottom of the_ canopy? Smith: Bottom or top because I know it's four feet tall. Slocum: It is 17 feet, six inches. Smith: To the bottom. Okay. That was really - I think all my other questions were answered, and I can see what you aze proposing there. Johnson: Anybody else? Borup: I do have a question for Mr. Smith on what he was saying on the.color map and he was saring match the color to the store; is that correct? Smith: Well, I think there's a number of colors on the existing store, and just the color scheme - Borup: The question I had is a practical from engineering and design aspect. I don't know the answer to this to have a stucco on a raised shelter like that. Smith: I'm sure it's going to cost more because other wise they would have been doing stucco. Borup: No, I'm not talking about the cost. I'm talking about the movement. Something up that high is it going to hold up? Smith: The one in Eagle is stucco. Yeah, it should. There shouldn't be any reason why it wouldn't. I'm not the architect on this. I don't see any reason why - MERIDIAN PLA-NNI~ AND ZONING • APRIL 14, 1998 PAGE 88 Borup: I just did some remodeling work on one of those a number of years ago, and there was a lot of movement in it. That's what I was wondering if that - I guess maybe you can answer that. Slocum: It would certainly change the design perimeters, footings would have to be beefed up, columns may need to be larger. Borup: Something to prevent some movement. Or this is I assume is all steel construction. Slocum: It is, yes. Johnson: Anyone else would like to come forward on this application? GORDON BATES 164676 USTICK ROAD CALDWELL WAS SWORN BY CITY ATTORNEY. Bates: A comment to the aesthetics at the site: Our main thought with this approach is to have a standard express image similar to what Chevron has for people going down the street once we have more of these in this azea and nationwide will recognize the express and associate that to Albertson's. We did do a lot of effort to match Eagle to the store. The stucco is possible. It's from a gas station-point of view, it's not quite as a clean image and that's one of the reasons why we went with this. Albertson's would entertain changes as dictated by the Ciry to address that. That's the comments I have right now. Any questions? Johnson: Thank you. Questions? Borup: The image that you are trying to maintain, I assume you aze saying it's an overall light and blue color. Other than just the logo and the wording. Bates: That's correct. It's off-white to gray the main body color and then the Albertson's standard blue and light blue striping. Again, it is a flexible issue if it needs to be - if that's what the city wants us to do, we would entertain that. We would prefer to go with the standazd package. From a cost savings obviously, also from the materials etc. as already been mentioned. Johnson: Is there anyone else that would like to talk to us on this application. BOB CHARTERS 3280 SUGAR CREEK DRIVE WAS SWORN BY THE CITY ATTORNEY. ~. ~.~. ~, MERIDIAN PLANN>-~; AND ZONING APRIL 14, 1998 PAGE 89 Charters: First of all I would like to clazify in this letter I got it says in the northeast corner, and that looks like. it's in the northwest corner. So do they really know where they aze going to build it at? Next of all, -- Johnson: It looks to me like it's in the northwest corner too. Charters: I would mind both of them. I live right straight across the street. If this goes in, I am going to have a hell of a time driving home. If I go shopping, I might have to trade to Fred Meters. I don't know. Anyway before I get started, I would like to comment Mr. Smith on his idea about the speaker of the bank. I asked OOTA representatives one day why they put -brad on a drive up window things. They had no answer. So you think like me. I'd like to emphasize - Johnson: The trail says push button is what it says. Charters: Who's driving the car is what I asked. I would like to emphasize an ad that Albertson's so proudly uses, and I quote "this is your store." If in deed this is my store, then why aren't my feelings about a gas station on the corner of Albertson's across the street from my house considered. All I can see is further devaluation of my property, which I purchased this property in January. I got on a good buy because of its location. Now this is going to devaluate it even more so I've lost money moving in. Albertson's making money, which Idon't - Johnson:' You can't prove that until you sell your house. Charters: I can still make the statement though. Johnson: You have to condition that if you want to get it by me that maybe you lost value.. Charters: It could happen, the possibilities. I really don't know why I'm here to protest a gas station being installed. Albertson's seems to always get what they want no matter what the public's opinion is. I was brought this to my attention when Smith's Food King tried to get a store in across from Centennial. Theirs was denied, but I see a big sign up across from Lowell Scott School that says future Albertson's store will be built there in the fixture and probably with no hassle from the Ada County Commissioners. They seem to pass everything. I would hope that the Meridian City Council can look at this in our favor that is Texaco going to be the next thing that wants to come in and buy all the grocery stores. Why do we need a gas station at a grocery store? Food chain is one thing, but having a gas station right across the street you, you got all the gas fumes. You can't sit out in your backyard and enjoy it in the summer time .and bazbecue because people over there pumping gas. And I just don't think this would be good for the citizens azound that location. Thank you. MERIDIAN PLAd AND ZONING APRIL 14, 1998 PAGE 90 Johnson: Thank you. Any, questions? Anyone else? Any comments, discussion? I'll close the public hearing. This is an application for a conditional use permit by Albertson's. Smith: Mr. Chairman, I'd like to make a` motion that we direct the city attorney to prepare Findings of Fact and Conclusions of Law on this application. MacCoy: Second it. Johnson: Motion and second to have the city attorney prepare Findings of Fact and Conclusions of Law at number 12. All in favor? MOTION CARRIED: All aye. ITEM NO. 13: PUBLIC HEARING: ANNEXATION AND ZONING OF 36. 71 ACRES FOR WILKINS RANCH AT THE LAKES SUBDIVISION BY STEINER DEVELOPMENT LLC -EAST OF BLACK CAT/USTICK INTERSECTION AND SOUTH OF USTICK ROAD: Johnson: I want to open the public hearing on item no. 13. I will now ask the applicant's representative to come forward and address the commission. STEVE BRADBURY 877 MAIN STREET, BOISE WAS SWORN BY THE CITY ATTORNEY. Bradbury: I'm representing Steiner Development here tonight and I guess there's three items on your agenda, I am maybe going to suggest that to make it go a little bit faster, perhaps we -could consolidate all the hearings and just do it all at one time, because. I can just talk about - Johnson: Well, it's a good suggestion, but I don't want to do it. Bradbury: All right. You're the boss. You all have I think one of these booklets in front of you. Okay. What I'd like to do is just start with page one and read the whole thing to you if you don't mind. Johnson: I've read it. Bradbury: I'm kidding. It's late and I'm just going to try and go through this thing as quickly as possible. I think just about all the information you need is somewhere in the booklet, and as we go through if you have any questions about -anything, please feel free to stop me. The project in its entirety encompasses just a little bit under 52 acres, and includes 760 building lots, 153 of those are single family detached building;, and then there would be 107 would be single family attached. Most of those would be two unit townhouses. A couple of three unit townhouses and. a couple of four unit townhouses in ~~ }. • Planning and Zoning Commission May 12, 1998 Page 10 Prior: You're welcome. Johnson: Any comments Mr. Nelson on those two issues? Nelson: I have none. Johnson: Well, with that and no further discussion. What would you like to do? Smith: Mr. Chairman, I would like to make a motion that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusion of Law. MacCoy: Second. Johnson: Motion and second to approve the Findings of Fact and Conclusions of Law. ROLL CALL VOTE: Borup, aye. Smith, aye. Nelson, aye. MacCoy, aye. MOTION CARRIED: All ayes. Johnson: Recommendation to the City Council. Smith: Mr. Chairman, Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit requested by the applicant for the property described in the application, Borup: Second. Johnson: We have a motion and a second to pass that recommendation on to the City Council. All in favor? MOTION CARRIED: All ayes. ITEM NO. 11: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A SECOND BUILDING FOR A FUEL ISLAND BY ALBERTSON'S INC. SOUTHWEST CORNER OF W. CHERRY LANE AND TEN MILE ROAD. Johnson: Any discussion regarding these Findings of Fact and Conclusions of Law. •- .. . ~ • Planning and Zoning Commission May 12, 1998 Page 11 Smith: I have a question for Mr. Prior.° If the Findings of Fact were turned thumbs down and we went with the latter part of the Findings, does that preclude the comments that were made earlier about the building materials and design to match the existing store, is that still incorporated with the recommendation to the City Council? Prior: I guess t'm not following you. What you're saying is if we send a recommendation of denial to the City Council, what would probably happen if the City Council adopts it, or it does not go with your findings, they don't necessarily have to follow your recommendation with the materials and everything else. Johnson: But they would have the availability of those comments. Prior: That is correct. Chairman Johnson for once is correct that they would have the availability of those comments. Smith: It's nice being in the middle. Prior: He's leaving folks. Today is his last day, and we are going to leave him with love. Johnson: And now you all know why. Smith: That answers my only question. Johnson: Anybody else? Nelson: I would just like to comment that maybe for the benefit of City Council that l opposed this as presented both based on Commissioner Smith's comments about the appearance and also it's location to the homes next door. And l guess that would be my reasons for denial. Johnson: Okay, thank you. Anyone else? I'll entertain a motion. Nelson: I would like to make a motion that we approve these Findings of Fact and Conclusions of Law as written. MacCoy: Second. Johnson: Motion and second to approve the Findings of Fact and Conclusions of Law for the Albertson's application as prepared by our City Attorney. ROLL CALL VOTE: Borup, yea. MacCoy, yea. Smith, yea. Nelson, yea. • Planning and Zoning Commission May 12, 1998 Page 12 MOTION CARRIED: All yea. Johnson: The recommendation that you would like to pass on to the City Council is? Nelson: The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it deny the conditional use permit requested by the applicant for the property described in the application. Smith: Second. Johnson: Motion and second to pass the recommendation on to the City Council to deny this application. All in favor? Opposed? MOTION CARRIED: All ayes. ITEM NO. 12: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT A CHURCH PARKING LOT FOR MERIDIAN GOSPEL TABERNACLE BY BURTON ROBERTS -MERIDIAN NIDAYS 2ND ADDITION. Johnson: I will now open the public hearing and invite the applicant or the applicant's representative to address the commission at this time. BURTON ROBERTS 1523 N. MERIDIAN ROAD WAS SWORN BY THE CITY ATTORNEY. Roberts: As it's been stated, I'm Burton Roberts representing Meridian Gospel Tabernacle in our request for a conditional use permit to construct a new parking lot in the church area. We owns lots 3, 4 5, and 6 of block 4 of the Meridian Nidays 2"d Addition. Lot 4 is vacant currently. Lot 5 has a house on it that has been sold to be moved. It is our hope to do this project in phase one and phase two and that would allow us to cause lots 4 and 5 to be turned into parking lot as soon as possible with the other two lots, 3 and 6, somewhere in the next three to five year plan to be added to that. Of course the obvious reasons for this need of parking is that as Meridian continues to grow, the last thing we need is to be suddenly land locked and not have the room for the expansion that we believe we will need in the years to come. Johnson: Okay, thank you very much, Mr. Roberts. Questions of the applicant. MacCoy: Have you received the city staff s comments? Roberts: Yes, I have. t ~~ . ~ • • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION ALBERTSON'S, INC. CONDITIONAL USE PERMIT FOR A SECOND BUILDING ON A SINGLE LOT FOR A PROPOSED FUEL ISLAND KIOSK SOUTHWEST CORNER OF W. CHERRY LANE & TEN MILE ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on April 14, 1998, at the hour of 7:00 o'clock p.m., the Applicant, appearing through its representative, Craig Slocum, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law, FINDINGS OF FACT 1. A notice of a public hearing on the application for the conditional use permit was published for two (2) consecutive weeks prior to said public hearing scheduled on April 14, 1998, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 14, 1998, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property is located within the City of Meridian the address is listed in the application as the southwest corner of Cherry Lane and Ten Mile Road. The property is described in the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 ALBERTSON'S INC. - CONDITIONAL USE PERMIT (C-N) ~j~ • • 7 application for a conditional use permit, which description is incorporated herein as if set forth in full. The Applicant is the owner of record of the property. 3. Pursuant to the application, the property is presently zoned as C-N, Neighborhood Business District. That the Neighborhood Business District is defined in the Zoning Ordinance at 11-2-408 B. as follows: (C-N) NEIGHBORHOOD 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 arterial 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. 4. Conditional Use Permit is defined in the Zoning Ordinance as follows: "Permit allowing an exception to the uses authorized by this ordinance in a zoning district. 5. The proposed use of the property is to operate a fuel island kiosk. The Applicant presented a site plan depicting the location of the proposed use. Further, pursuant to the application, the Applicant agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential or commercial. 6. Craig Slocum was sworn in by the Assistant City Attorney. Mr. Slocum testified that Albertson's would like to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 ALBERTSON'S INC. - CONDITIONAL USE PERMIT (C-N) • construct an express fuel facility at the northwest corner of the existing Albertson's center at Ten Mile and Cherry Lane Road. Mr. Slocum noted the closest existing gas facility is over a mile away. Mr. Slocum noted that the plan calls for constructing a 70 foot kiosk with limited product sales. There will be three (3) fuel dispensing locations and a covered canopy. The current location has paved aisles and parking spaces. Mr. Slocum noted that they are proposing. moving 16 parking spaces, however the center would still meet the applicable landscaping and parking ordinances of the City of Meridian. Mr. Slocum noted that the applicant has read the comments from-the City staff and from A.C.H.D. 7. Commissioner Johnson inquired if the proposed location is still over the subsurface drainage. Mr. Slocum noted that a portion of the construction would impede on the existing storm drainage system. He noted that Albertson's engineers have looked at the project and do not see a problem in meeting both the Meridian City Engineer's comments or any of the Commission's. 8. Commissioner Smith inquired why the proposed building materials do not match the existing Albertson's store. Mr. Slocum noted that Albertson's is putting in a number of these facilities and it is a firm that is working on the project. Commissioner Smith noted that the proposed fuel island does not look like the one in Eagle. Mr. Slocum noted that the store in Meridian does not look like the store in Eagle. Commissioner Smith noted that he is requiring that the kiosk match the store in appearance and materials and that the kiosk match the color scheme of the store FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 ALBERTSON'S INC. - CONDITIONAL USE PERMIT (C-N) • • and the materials of the store. Commissioner Smith inquired about the height of the canopy. Mr. Slocum noted that it is 17 feet, six inches. Commissioner Borup noted that he thinks there could be some movement in a stucco design and that is one of his concerns if it becomes a stucco design. Commissioner Smith stated that the building would cost more if constructed in stucco, that is why Albertson's is not doing it that way. 9. Gordon Bates was sworn in by the Assistant City Attorney. Mr. Bates noted that Albertson's concern is over the aesthetics of the project. He noted that their main thought was to design a fuel island that would be recognized as an Albertson's enterprise, much the same way people recognize Chevron. Mr. Bates noted that the stucco is possible but that it is not as clean of an image as what they proposed. Commissioner Borup inquired that they are trying to go with a light and blue color. Mr. Bates noted that it is an off white to gray color for the main body color and then a Albertson's standard blue and light blue striping. Mr. Bates noted that it is a flexible issue and they are open to what the City would like to do. He noted that they would prefer to go with .the standard package because of the cost savings and materials. 10. Bob Charters was sworn in by the Assistant City Attorney. Mr. Charters noted that he is concerned about the gas station affecting the value of his property. He did not understand why a gas station is needed in that location next to a grocery store. He was concerned about gas fumes and the ability to use his backyard in the summertime because of the people pumping gas across FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 ALBERTSON'S INC. - CONDITIONAL USE PERMIT (C-N) • • the street. 11. Bruce Freckleton, Assistant to the City Engineer, submitted comments, which respective comments are incorporated herein as if set forth in full. The proposed fuel station will occupy space that is currently occupied by a very significant sub surface drainage facility. This drainage facility is the point of disposal for the storm drainage water for the majority of the parking lot. The system consists of a series of collection catch basins connected to a subsurface drain field. He has been in contact with the State of Idaho Division of Environmental Quality, (DEQ) and Mr. Paul Lawrence with CSHQA Architects regarding the proposed design of the fuel station site. CSHQA's proposal is to relocate whatever portion of the existing drainage facility is necessary to satisfy the requirements for the station. He asked DEQ for some design criteria for this type of installation. He a anticipates that the requested information will be attained shortly. Outside lighting shall be designed and placed so as not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. All signs shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance. Water to this facility would be via existing service lines. Assessments for water service will be reviewed to see if additional load would justify an adjustment. Applicant is to provide any information they may have in regards to their anticipated water demand. Applicant will be required to enter into an Assessment Agreement FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 ALBERTSON'S INC. - CONDITIONAL USE PERMIT (C-N) f. #• ~~ with the City of Meridian. 12. The Meridian Fire Department, Meridian Police Department, Meridian Sewer Department, Meridian Water Department, Central District Health Department and Nampa & Meridian Irrigation District submitted comments, which respective comments are incorporated herein as if set forth in full. 13, There was no further testimony given at the hearing. CONCLUSIONS OF LAW 1. A11 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 property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the. Zoning and Development Ordinance of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 4. The property is currently zoned (CN) Neighborhood Business District. The (CN}, Neighborhood Business District is described in the. Zoning Ordinance, 11-2-408 B 11 as follows: (C-N) NEIGHBORHOOD 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); FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 ALBERTSON'S INC. - CONDITIONAL USE PERMIT (C-N) ~; ~ m'~. ~~ ~, I ~~ ' y. 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 -~ ~. ,a districts. All such districts shall give direct access to transportation~artexial or collectors; be connected to°the ~' Municipal Water and Sewer systems of the City of Meridian, and 6i ~~shall :not constitute all br~pany part of ~a strip,. development ~, concept. f 5. Conditional Use Permit is defined in the Zoning And l { Development Ordinance of the City of Meridian~.as "Permits,-allowing an ,exception ta'the uses .authorized by this Ordinance in=-~a zoning district.; "o- _ -:p- ~ . ,,, . ., ..° .~ f 6. T< The City of Meridian has authority to place conditions on ascon`ditiorial use permit and the=.use of the-property.pursuant~to Idaho Gode; . a Section- { 67-6512;- and ~pursizant to that . s sect ~on conditions~~miriimizing the adverse impact~;on ..other development, t controlling they duration.. of~.development, assuring~dthe development is maintained p"roperly, and on-site° or off-site`... facilities` may,~be attached to the. permit; that 11-2-418 (D} authorizes the City to prescribe a' set time period, for which: a conditional use, may. be ,in "._ r .~ '~, - . _ ~~. existence. _ °-~ Section 11=2-418" D. states~.as follows.: } } °" ~. • . J ~ k_ f In approving any; Conditional Use; the; Commission and Council may prescribe appropriate .conditions, bonds,~and .~. safeguards in conformity. 4R with '~ this• Ordinance.. Violations~'of such conditions, bonds. or safeguards, when ~3~ ~:: made apart of the ~ terms under° which,. the .Conditional =Use - -~r ; is granted; shall be' deemed a violation of 'the Ordinance .~# and grounds to revoke: the:, Conditional Uses ~The~ Commission and~:Council .may prescribe. a set time period ~ for which a Conditional•Use may be in. existence. '' kt e ~ { 7. This Application for a conditional use has been judged ='s, . ~ ~ t upon the basis of• guidelines contained in tSection l1-2=418~rof the FINDINGS OFt"FACT AND CONCLUSIONS OF~"LAW -Page 7 .. ALBERTSON'S INC. - CONDITIONAL USE PERMIT (C-N) ~. ~ ~, ' - ._ +,~ p F f ~ ~E.1. • • Zoning And Development Ordinance of the City of Meridian. and' upon the basis of the Local Planning Act of 1975, Title 67, Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 8. Section 11-2-418 C of the Zoning and Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. Upon a review of those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or similar ones thereto would be~ attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would not be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; see section (d) below. c. The use is not designed nor would it be constructed to be harmonious in appearance with the character of the general vicinity; the proposed kiosk colors are a blue and white. The Albertson's store is of a stucco design. The proposed gas station will be part of the Albertson's complex. The height of the building along with the color scheme provided by the applicant leaves no doubt that the building would be seen, however the building would not appear to be harmonious with the existing buildings and the kiosk should be required to conform to the same ~. standard and structure of materials as the Albertson's grocery store. d. The use would be hazardous and disturbing to existing or future neighboring uses if the conditional permit is granted; the proposed site is just west of the intersection of Ten Mile Road and Cherry Lane. The f FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 ALBERTSON'S INC. - CONDITIONAL USE PERMIT (C-N) • proposed site is the northwest corner of the Albertson's parking lot. That entrance and exit is only one of two ways to get in and out of that complex. The location of the kiosk raises serious concerns about the ability to handle the increase in traffic going in and out of that complex. A.C.H. D. estimates that the fuel island would generate an additional 350 vehicle trips per day. Chief of Police Gordon noted in his comments that traffic is a concern for the proposed use. The proposed location of the fuel island has the potential to create serious traffic concerns at the intersection of Cherry lane and Ten Mile Road. The proposed use would also be disturbing to the adjacent residential neighbors. The fuel island is directly adjacent to a residential neighborhood to the west. It is an integral concept of our Comprehensive Plan that we protect the integrity of residential neighborhoods. This proposed fuel island would cause an increase in noise, traffic, fumes, odors and glare. These nuisances would be imposed on the adjacent residential neighbors. e. Sewer and water service is available, but the Applicant may have to pay additional fees for the use; f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; g. The use will involve activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; see item (d) h. The use will have vehicular approaches to the property, which as designed will create an interference with traffic on surrounding public streets; the traffic is a concern. It is not the number of vehicles entering and exiting the proposed site so much as it is the problems with the flow of that traffic. i. The development of the property will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 9. It is recommended that .the conditional use permit be denied in this case for the above reasons. 10. Conditions may be placed upon the granting of a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 ALBERTSON'S INC. - CONDITIONAL USE PERMIT (C-N) • C~ 1 ~ , { i conditional use permit if it is determined that the permit should be issued, to minimize adverse impact on other development. It is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use would be required, if a permit is issued, to wit: a. The conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner or lessor of the subject property or to another" property; b. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, Meridian Fire Department, Meridian Police Department, Meridian Sewer Department, Central District Health Department and Nampa & Meridian Irrigation District and other governmental agencies submitting comments; c. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications; d. 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, the Fire and Life Safety Codes, all parking and landscaping requirements; e. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. f. All signs must meet the requirements of the Uniform Sign Code and the Meridian City Ordinance. Flashing signs and temporary signs will not be permitted, All signs are subject to review and approval of the Planning and Zoning Department. Sign permits are to be obtained prior •to construction. Upon three days notice to any tenant, the City of Meridian will remove any unauthorized signage. g. Applicant will provide a screened trash enclosure per City Ordinance, Section 11-2-414.A.3. The applicant shall coordinate dumpster site locations FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 ALBERTSON'S INC. - CONDITIONAL USE PERMIT (C-N) ~ ~ with the City's solid waste contractor, Sanitary Services, Inc., locating dumpsters so as not to impede fire access. h. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Graveled driveways, parking and access are unacceptable. A drainage plan designed by a State of Idaho licensed architect ar engineer is required and shall be submitted to the City Engineer (Ord.557, 10-1-91) for all off street parking areas. All site drainage shall be contained and disposed of on~-site. All driveway and parking stall dimensions shall comply with Meridian City Ordinance. i. Assessment fees for water and sewer service are' determined during the building plan review process. Applicant shall be required to comply with pretreatment requirements as determined by the Meridian Wastewater Department, and enter into an Assessment Agreement with the City of Meridian. j. The Applicant shall provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed to not cause glare or adversely impact neighboring residential properties or the traveling public, as determined by the City of Meridian. 11. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions if a permit is issued. 12. It is recommended the conditional use permit be denied to the Applicant. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS ~~: 1 1 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 ALBERTSON'S INC. - CONDITIONAL USE PERMIT (C-N) The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP COMMISSIONER MACCOY COMMISSIONER SMITH COMMISSIONER NELSON CHAIRMAN JOHNSON (TIE BREAKER) ~, ~ Z~ \ VOTED ~, ~ ~/~~~ VOTED ~~'' ~ C VOTED ~ ~ ~~~~ ~-~ VOTED \ i ~L f VOTED ~-~i~( v DECISION AND RECTDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it deny .the Conditional Use Permit requested by the Applicant for the property described in the Appli ation. MOTION: APPROVED: DISAPPROVED: 5-8-98 - Final r ,~ ~ ~ ~.l FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 ALBERTSON'S INC. - CONDITIONAL USE PERMIT (C-N) t ~ .t i • • . CITY OF MERIDIAN , APPLICATION FOR A CONDITIONAL USE PERMIT ' y . 1 Z'~~d1~ ~ , ` ~ ~ t' ~ PHONE: 20 S (D 200 ADDRESS: 2S0 ~. r~A~.KC,~,,r>'~ p~~.~/__D _~oi s~ ~ ~ t3 ~~ ~t F GENERAL LOCATION:_ 5 i~,~ C p~ ~~yr- ~,~~~ ~.~ ~ ~~~ ~~l ~~ ~ ~Ar ..g DESCRIPTION'OF PROPOSED CONDITIONAL USE: SI~!o t` d gU ~ ~i~[~ f A StiJ GL~ Lc~ -~ P~nPo 5 ,~ ~~~ ISI~rJ~ Ki o SK a ZONING CLASSIFICATION: C - T~ N _ i rya ~ , ~~o o ~ gu SAN less fit' ~~c'r 4 I certify that the information contained herein is true and correct. 3 r° Signature of Applicant Dan i e 1 R. Tobi n Social Security Number Vice President, Construction ~. LEGAL NOTICE OF PUBLIC HEARING ,, Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing iri the Meridian City Hall on ~ ~r~ ~ /~/, j~~ g at ~ `G~ p .re. 'fie p~~ of the Hearing . is to consider a CONDITIONAL USE PERMIT submitted by _~ ~j~3~~Sp_ ~,~, S T,~ t•J C for the properly generally descnbedas located at t~C Srn.-fhw~sf C~~,~e~ p~ ~~it~ry ~,~ ~ ~ ~ T ~ m~'~ ~ ~~ SUBDIVISION, BLOCK ,LOT _ TO ~ , f ~ 7TZA~~ o>r l~4~~ rr°c~~~ 1 N' THE rlo~'~N ~~ -'~~ , To wN srtlp .,~ ~o~z-r(-y ~ Rf}rly~ ~. w~5%>' o~ ~~ ~o Ism I~A~~1~L ~ 5121v - 100 ~'"J ~ , ~:, t~ • . F CSH ~~ ~ _. ~`J~ ARCHITECTS/EN GINEERS/PLANNERS March l 1, 1998 Ms. Shari Stiles Department of Planning City of Meridian 200 East Carlton Meridian, Idaho 83642 Re: A Express Meridian, Idaho Project No. 98058.300 Dear Ms. Stiles: As representatives for Albertson's, Inc., CSHQA Architects/Engineers/Planners is pleased to submit this application.requesting aconditional use permit for the _addition of an "A Express" gasoline and limited product sales .facility on the existing Albertson's store site located at 3301 West Cherry Lane. As required by the'Contents of Conditional Use Application, we submit this letter stating characteristics of the subject property which make a conditional use desirable and our reason for the conditional use permit request. ` t~ The Owner, Albertson's Inc., wishes to increase its service to customers by offering a convenient gasoline fueling option on'their existing store site. The proposal includes a fuel island located nn the northwest corner of the property near the West Cherry Lane entrance. The ."A ,Express" will include three fuel dispensing islands, .a convenience kiosk, and a canopy. The fuel station nearest .this site is located one mile. east at the intersection of West Cherry-Lane and Linder Road.. The. addition of the "A Express" will provide convenient fueling for customers in the area of this site, plus fueling for those destination grocery shoppers visiting the site. 'The addition of the "A-Express" development occupies an area that is presently improved ground. -The construction ofxthis new facility will pose less impact to the roads and sites surrounding the property when comparing "this to the type of inconveniences (earth littered roads, dust ~ control, ,:detours, etc.) associated with undeveloped ground.. We also recognize this development as a mixed=use compliment to the Albertson's center oi~ering a~convenient location for,. fuel purchase without-.the need for additional vehicle trips off-site to other fuel dispensing facilities and `onto existing roadways. It is our belief that this proposal will lessen the impact on the county.roadway infrastructure. The current property zoning designation is,C-N, Neighborhood Business District. A store offering goods, including gasoline, for sale at retail.. is a permitted use in this zone. Zoning and development ordinance 2- 405 requires notmore than one. principal detached building shall be located on a lot. The "A Express" kiosk will constitute'a second building on this site. For this reason,.this application requesting conditional use,permit approval is being submitted. Enclosed is a check in the amount of $348.48 for processing the , ~.conditiorial use permit application. k The site presently meets city landscape requirements and the addition of the "A Express" will not alter this compliance. In addition, the off-street' parking provided for the Albertson's building, the shops building and the`' "A Express" meets the city requirements. For 'off-street parking requirement calculations see site" data on Sheet '~To. SP-1, Site Plan and Exterior Elevations included with tail submittal. The "A Express" lighting design will take into consideration adjacent neighbors' zxpressed concerns about intru`s`ive site lighting. PEOPLE WHO LISTEN DESIGN THAT SPEAKS Ms. Shari Stiles + ~ ` Page 2 - March 11, 1998 ~ ~ ~° ~ ~ f~ t I We trust. that-this letter meets with your approval. Should you have any questions or need additional information, please call. r' ;Respectfully, .~ - , ~ -.-. _ ~` - INEERS/PLANNERS Encl: Legal Description of Property Froof of Ownership and Consent of Property Owner 30 copies of the Vicinity Map 35 copies of the Detail Plan Adjacent property owner's mailing addresses list Check for Conditional Use Permit review Fees or Charges Statement Affidavit as to guarantee of posting for Conditional Use Permit Application for a Conditional Use Permit c: ~ Gordon Bates, Albertson's, Inc. File 98058.3/Reg Agency ]:~PROJECLS~980581S71LESOI.DOC s k p~ ~ t A Pioneer Company 5 0 i S E l JPION~~~ PIONEER TITLE COMPANY Q OF ADA COUNTY ~ yS I~0.y ( PrJ ~~ ~ $ 8151 W. Ri[leman Ave /Boise, Idaho 83705 ~~),~~3nn'1f.1-2'i~Op~ii Q~ FEE ~L[Jt! --- •... ~ ~ _ '' RECUICUi:U Ai :~ . ticliUEST OF , WARRANTY DEED (INDIVIDUAL) FOR VALUE RECEIVED JAMES W. FULLER AND LOIS J. FALLER, HUSBAND ANU WIFE Grantors , do hereby grant, bargain, sell and convey unto ALBERTSON' S , INC . the Grantee ,whose current address is: 250 PARKCENTER BLVD. , BOISE, ID 83726 the following descr[bed feat property in ADA County, Stateof Idaho, morepazticulary described as 7oliows, to-wlr. SEE EXHIBIT "A" ATTACIfED HERETO AND BY REFERENCE MADE A PART HEREOF TO IIAV E AND TO HOLD the said premises, with their appurtenances unto the said Grurtee ,and Grantee heirs :utd assigns forever. And the said Grantor s:lo hereby covenant to and with the said Grantee , the Crmtlor s are the owner sin Fee simple of said premises; lira[ said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject vtd those made, suffered or done by the Grantee ;and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, (if any) for the current year, wlticit aze not yet due and payable, and that Grantor s will warrant and defend the same from all lawful claims whatsoever. ~ L~ Dated: April 2~. f 1995 W. ~.-c_:J LOIS J . Fes[ LER STATE OF _II)A ,County uf,_ADA , ss. On this ~9 ~ day of , in the year of L?9.r ,before me +. ~ U a I tary public, per- sonaliy app aced __,IAMES. W Ftti.LE>~BND~.AIS_* ~~t t co ~l;n tbpidentified to me to be the person SLwhose name ~ ygrP subscribed to the within instrument, and •9~t~il~iwled~edtlo me Utat rl~_executed the same. ~OTa '`'~ .~,: ! ~ Notary Public: b ~ ~ ~ e, + ,-' Residing at: ,~ ~~ ; ' My Commission Expires: ~ ~iP- ~~ - 4F ~~ ~ ,,_ ~~-_, _,. _ • ~ _ • ' EXHIBIT "A" TO WARRANTY DEED ~~ F' . z ~ 1 j ''~ ~~~ ~ '. I. ~ ~ s, ~~` ~' =i A TRACT OF LAND LOCATED IN THE NORTHEAST CaUARTER OF THE NORTHEAST QUARTER OF SECTION i 0 TOWNSHIP, 3 NORTH,,,RANGE 1 WEST, OF THE B01SE MERIDIAN, IN THE CITY OF MERIDIAN, IDAHO, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP.~MONUMENT.MARKING THE NORTHEAST CORNER OF SAID SECTION 10, THENCE; ~ . NORTH 89 DEGREES 41' 38" WEST A DISTANCE OF 530.00 FEET ALONG THE NORTH LINE OF SAID SECTION 10 TO A POINT, THENCE; SOUTH 00 DEGREE 18' 22" WEST A DISTANCE OF 49.34 FEET ALONG THE EAST LINE OF THAT TRACT ' OF LAND DESCRIBED {N INSTRUMENT N0. 8351286 TO WALLACE D. LOVAN AND VINITA LOVAN DATED SEPTEMBER 26, 1983, IN ADA COUNTY DEED RECORDS TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE SOUTH RIGHT OF WAY LINE O'F CHERRY LANE AS DESCRIBED~IN INSTRUMENT ;. N0.94060466 TO ADA COUNTY HIGHWAY DISTRICT, RECORDED ON JUNE 24, 1994 IN ADA COUNTY DEED RECORDS, THENCE; SOUTH 88 DEGREES 33' 40" EAST A DISTANCE OF 227.29 FEET ALONG SAID RIGHT OF WAY LINE TO A POINT, THENCE; SOUTH 89 DEGREES 07' 29" EAST A DISTANCE OF 228.53 FEET ALONG SAID flIGHT OF WAY LINE TO A POINT, THENCE; SOUTH 44 DEGREES 33' 42 EAST A DISTANCE OF 42.09 FEET TO A POINT BEING 45.00 FEET DISTANT FROM (WHEN MEASURED AT RIGHT ANGLES TO) THE EAST LINE OF SAID SECTION 10, THENCE; SOUTH 00 DEGREE 00' 05" WEST A DISTANCE OF 215.52 FEET AND PARALLEL WITH SAID EAST LINE TO A POINT, THENCE; SOUTH 05 DEGREES 10' S6" EASt A DISTANCE 221.37 FEET TO A POINT BEING 25.00 FEET DISTANT FROM (WHEN MEASURED AT RIGHT ANGLES TO) SAID EAST LINE, THENCE SOUTH 00 DEGREES 00' 05" '' ' .~ ) t: r ,~ ~~ ,,~ . ''~'. fl ~ ~ i ~, t '' ~: j~ ' ~{ ,, , II WEST A DISTANCE OF 419.74 FEET AND PARALLEL WITH SAID EAST LINE TO A POINT ON THE " ` w ~~ CENTER LINE OF EIGHT MILE LATERAL AS DESCRI6ED IN.INSTRUMENT Np. 768075 .PAGES 3-6 IN ADA COUNTY DEED RECORDS, THENCE; ~ ~ ~ i t~ NORTH 42 DEGREES 00' 12" WEST A DISTANCE OF 757.66 FEET ALONG SAID CENTER LINE TO A POINT { ON THE EAST LINE OF SAID LOVAN TRACT, THENCE.; ~~ ;'~ ~ '.1 NORTH 00 DEGREE 18' 22" EAST A DISTANCE OF 331.89 FEET ALONG TH ~ EAST LINE OF SAID LOVAN TRACT TO THE POINT OF BEGINNING. ' ~ ~ ' END OF LEGAL DESCRIPTION _. ,_ ~ "' consent ~ ~ ~ s' `' ' E, ~ ~ x ,f'~ ! `~ e -r ~ i A" ~~ ~' e 1 ' 1 ~ " ~ I' --- _ - i - - L= M r .~ r , ~- ~ , ~. t March 9, 1998 Re: Albertson's Store #180 -Cherry. & Ten'~Mile, located at SW Corner Cherry -& Ten Mile Meridian, ID ~ ~ ~ ~ ' TO WHOM IT MAY CONCERN::," This authorizes CSHQA Engineers, as the licensed architect (or their Agents or Subcontractors) to secure a conditional user permit and/or related variances for a Fuel Center -at our property identified herein:- ;. Very truly yours, " .. ALBERTSON'S, INC. ~ _ ~, y Gordon Bates, Civil-Engineer GB/cma STATE OF,IDAHO ) " ~. • ) ss. County of Ada - ) ~ w ~ .. On this ~ "day of y ~L. "~.~ , 199 before me, the undersi ned, a pNo g tary Public in and for said State, personally appeared Gordon Bates, to me known to be the Civil Engineer, of Albertson's, Inc., a Delaware corporation, the corporation that executed the foregoing instrument, and acknowledged to me that the said instrument is the free and voluntary act and deed' of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. WI ~T'.~Q,X~~HAND and official seal hereto affixed the day, month and year in this'certificate first above written.,'''~~~~A y. CL~~.,,.•~ Myco~~t{t~ on~~t es~. b~''t'~'~ e 22 ~ ~ :~ N Z Ug LAG ~r *.` Notary Public in and for the , ,•,~~~~~F p p ID Q-~O ~'~,,, ° Residing a~-L2L-Idaho ~~••...n.••~• .. Y~ consent '~ r t ,. • • ~ ~ :, ~ AFFIDAVIT OF OWNER AS TO GUARANTEE OF POSTINGfFOR CONDITIONAL USE PERMIT a State of Idaho ) ss. County of Ada ) Personally appearing before me, Daniel R.' Tobin, Vice President, Construction, who being duly sworn deposes and says that Albertson's, Inc.; a Delawaze corporation, the Owner of property at 3301 West Cherry Lane, Meridian;-Idaho, 83642, will post the property one week before the hearing stating they have applied for a Conditional Use Permit. Daniel R. Tobin, Vice President, Construction . r ' SUBSCRIBED AND SWORN. to before me this 12~' day of Mazch,,1998. _ ''*~ybflY®59CA~~~3 Wis./ . ~y, ~~~ . eve ~~;~®eooeBO~~ ~`'s ~. ®° `~~o~'e '' ~~~ A°i '' ~ Notary Public for Idah ~ < ~ , ti~ a a ~~OTA ~~ °a ~~ ` siding at Boise, Idaho.. ~ _ _..___..... `--~ a 3 -aeo3 m ~. ° ~®~ M~commission expires a _. A 1°U.ELLG .Q~ ~ Ito°eoesa°e `~' a° t 1'"~ ~' ~ a P3~3`Q~$~ msaes~izeW ~ t . a . s - ~ ,_ .- _ .i .. 1 ~A~bertsons® . 1 _ 4 March 11, 1998 J Re: Albertson's Store No. 180' 3301 West Cherry Lane - Meridian, Idaho 83742 TO WHOM TT MAY CONCERN: This certifies that the Owner of the property, Alberfson's, Inc., a Delawaze corporation, agrees to pay any additional sewer; water, or trash fees or charges, if any, associated-with the use, whether that use be residential or commercial in connection with this Conditional Use Application. Sincerely, • ~ , ALBERTSON'S, INC. • ~~~ ~` Daniel R. Tobin - Vice President, Construction - i. ALBERTSON'S, INC. J GENERAL OFFICES / 250 PARKCENTER BLVD../ BOX 20 /BOISE, IDAHO 83726 / 208-395-6200 ,, .- ~ _ ~ 9:' - ~~ . ~ ~ • ~:~ ~. ,-; . ~ ~ ? . b6pU 1 .-. ~ U~Ildclk ,•• w/, a.'K~ `t `- ia~a ~ fGrrrr ~ •'~ a S wwr+sa-~~ :r'M ` .rwdr.a f vwa » Ilr.rr i ~ ~ °~„p ~ • ~ ~r ' ar...rw .ar:r~., . p g J ~ S e . ~+ Sawa a a aura ~` a L.~e A M9nH1 rivna C°- S ~ ~w a a n ~r f ~ , '~v" ~~$t{{ . . v ~.r n a b Y f awa # 4 ~: _..~ v ~ ' FF SWf Iw.u . f ~ a~.qr g .Il.a.o ~ 1 _ a._ ~ iii .... ... Z'`..._ PNeAr'0 aa~ i 4 tl~l~\ •~tlll< 11~1/!~~ FMIdY111d !~1 i .~ t~J I~ ;~ :.:. ~~: -, ~. ~ ~ C~ ~ 2~' "~. ~ ~„a llms~ros~i i a..m« wr.na Ikave4 w \ +~ bw+Vg. Cala«ea. S'~H~\ ~ .. wbwa .... 30 55 4 la 4y OvalaW M t~ S ~~ `"6 ~ ~ x°96 c ¢° ,~ ;EL ~p~ 1f I.4w W A ~! ti E ¢° 0 0 6 ~~ ~ s e - G o.en.oe na c° Cr ~'.{ 0 LO I!1 milt Seale ' R~a6mrgh C~ VICENITY MAP I -,. ~ ~, b NOTICE OF HEARING a NOTICE IS HER1wBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on June 2, 1998, for the purpose of reviewing and considering~the 3' application of Albertson's Inc. for a conditional use permit for a second building on a single lot for a proposed fuel island located in the northeast '/4 of the northeast %4 of Section 10, T.3N., R1 W., Boise Meridian, Ada County, Idaho, and which property is generally located at the southwest corner.of W. Cherry Lane and Ten Mile Road. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular,business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. ' Dated this 13"' day of May, 1998. a ~ ~ _ J ` ILLIAM G. BERG, JR., LERK PUBLISH May 15 and May 29, 1998. `, ~ ~ S 4 _ ~.Y I ~ S !f ~ ,w•~f ~~ ~ ~~~lfryr,"f S7{N\i~~\ ,. _.' -~ ' .. i 1 G 1 L`:•J xr ti, • (', 7 -~ f = ~=; f t--~ ~....1 Ildltl(pd - West ~ T0~1 INtldfHA ,ti,_ 'd p a 1~ NK eg . • tr Q° 9/rnltr L / ~ /MrnIM rslM d M ~ p a t& WiYi 1 p d, ~,a. l~a ... p,~y~.p a(cm `r 5 p ~ 5 S~aw~ia 7rglMsd~oYilrea ~ e a anon ~ ~p % °' ~N a u~ng ~ ~ :4°an ¢ F~~~, ~` x ~ ). iFry N ?2. Tapp to ~ ~ ' ~' (sµq - ~~~ • ~'... y 8 - ~ 4wIG e e Blirwmin - r .. LN ~ ~ ~9~+M~lvO~. Q _ WYad• 4 ~Wnloca ... ~. ° 0. Qro • l&pnY i~ f ~ ~wG'... q - ~ ~ a F+`. ~F~ ,~ ~ ; ~ . ~~. UoloaYee~lie Pol reoA . z ,~ A ~ a~~ i O f h MQS CMfOjrI~J 2 Wnlp 1 IMitletp A MSS l 1~i 1 Dcovcr, CO ~ ; 5, i bMatpe.CMhe! 5 ~4~ '1tNevp a W 30 55 '_ Q '~. ' ~ ~^. RE ~ Overlord flE ' ~~ ~ ~idn6 o 4 r'9/ i~ °¢ L 4WVPo ., kvy~ ~~pwp 9 a < <Q4ol ~ ~ g~ d CPj°~ ~ 6 gPMds9 i YoJMh z F '¢p F 5 \o` °l 1 :* ~~ r e~~ G ~ Overland Rd ¢° ('ny~ ~ 0 -U4 1/I mlie Scale Tlt~tnbau3ti ~ana1 t' ' !: .~:_~ ~~ VICINITY MAP F :. ~.. 4, ~ k._ ~ 1 / ~ / / . -~9-.~~~ y ~ ~ ~~~a-~~i Yew ~~ ~ ~ ~~ 7~ ~ J ' _. ~; a ~~ -- .Dl~ dress } 4 ~, ri .s /~la~ r ~ /~I~o~N ~ ~ MaY - s ~ss~~ . ~ , ~ `~~~ ll~, ~r~ ~er~y l~ce~ O~ ~IDIAN ,~ j .. ~, Y. & x ~" ~, .y" .. ~- __ ~~ . ~ . - ~. .~ .~ ~ ~~. ~~~/~ vV, ~~de/ tad f j . ~ u. E ' ~. a,+~.a. a a~ Y?, .i-'' a .. a .. . x 4 - 'i" a +r J * s .. U } F. ,.. ~_. ., o ',-t :? _ .~ _ _. _., ** TX CON~ATION REPORT ** j , AS OF MA~ '98 10 27 PAGE.01 CITY OF MERIDIRN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 27 05/13 10 26 208 888 1097 EC--S 00'29" 001 236 OK -------------------------------------------------------------------------- NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on June 2, 1998, for the purpose of reviewing and considering the application of Albertson's Inc, for a conditional use permit for a second building on a single lat for a proposed fuel island located in the northeast'/o of the northeast'/a of Section 10, T.3N., R1 W., Boise Meridian, Ada County, Idaho, and which property is generally located at the southwest corner of W. Cherry Lane and Ten Mile Road. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and atl interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 13`" day of May, 1998. WILLIAM G. BERG, JR., CITY CLERK PUBLISH May 15 and May 29, 1998. ~. i z. • MERIDIAN PLANNING i~ ZONING COMMISSION MEETING: MARCH 10, T998 APPLICANT: ALBERTSON'S INC. AGENDA ITEM NUMBER: 12 REQUEST: CONDITIONAL USE PERMIT FOR A FUEL ISLAND AGENCY COMMENTS CITY CLERK: 3 CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: SEE ATTACHED COMMENT CITY FIRE DEPT: SEE ATTACHED COMMENTS ` CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: , CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: -~/(! `,~ IDAHO POWER: ~ 6 X US WEST: d ~ ` ~, INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ' ~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~`~11A F~! fii f ¢~ ~.~:A (4 /~ ~~ CITY OF MERIDIAN ROBERT D. CORRIE COUNCIL MEMBERS Mayor PUBLIC WORKS /BUILDING DEPARTMENT CHARLES M. RoUNTREE GLENN R. BENTLEY GARY D. SMITH, P.E. RON ANDERSON Public Works Director KEITH BIRD , a h MEMORANDUM: ~ April 10, 1998 To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engin Re; PROPOSED SECOND BUILDNG ON A SINGLE LOT - By Albertson's, Inc. Request for a Conditional Use Permit ~.. I have reviewed this submittal and offer the following comments as conditions of :the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian. City Council.: 1. The proposed fuel station will occupy space that is currently occupied by a very significant sub-surface drainage facility. This drainage facility is the point of disposal for the storm drainage water for the majority of the parking lot. The system consists of a series of collection catch basins connected to asub-surface drain field. I have been in contact with the State of Idaho Division of Environmental Quality, (DEQ) and Mr. Paul Lawrence with CSHQA Architects regarding the proposed design of the fuel station site. CSHQA's proposal is to relocate whatever portion of the existing drainage facility is necessary to satisfy the space requirements for the station. I have asked DEQ for some design criteria for this type of installation. We anticipate that the requested information will be attained shortly. 2. 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 I 1-2-414:D.3 3. All Signs shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance. 4. Water to this facility would be via. existing service lines. Assessments for water service ~ i will be reviewed to see if additional load would justify an adjustment. Please provide any ~ p~ information that you may have with regards to your anticipated water demand. Applicant will be required to enter into an Assessment Agreement with the City of Meridian. nine.cuP 200 East Carlton, Suite 100 Meridian, Idaho 83642 Phone (208) 887-2211 Fax (208} 887-1297 I t i ~ :~~~ ~~~ Z 7 1~~~ ~~ ~~~IA~ ,Q ORGANIZED 1904 f~i~ ~~ ~ ~ ~ ~ ~ . 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 2Q~~C~~XX 208-463-0183 Phones: Area Code 208 OFFICE: Nampa 466-7861 XXXX~X~~JtX Will Berg, Clty Clerk SHOP: Nampa 466-0663 Ci±y of Meridian Xxx~id~cx 33 East Idaho Meridian, ID 83642 RE: Conditional Use Permit for second building on a single lot -proposed fuel island kiosk - Albertson's Inc. Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above referenced application. I S/in~ce~r/ely, h A/7 iv/ Bi11 Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln ~ cc: File -Shop File -Office Water Superintendent r- -" " .,. t ~ ~r ~P~~1 l~w_~-s ... ~~ \ 4.. ~ . .._.~> ,,., ;.~~ .~ ~`~; , 'r ~a ;: ..~.- APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 r= ~~ ~. .~ Return to: ^ Boise ^ Eagle ^ Garden City ~ ~] Meridian ^ Kuna. ^' Acz ~ ~ CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• D~STR~CT Environmental Health Division . ~ H EA LT H f - ~~: DEPARTMENT ~~~ ~ ~ 1~Q~ Rezone # ~ A,-~,~~~ Conditional Use # ~ ~r~~-2'3~^~` Preliminary /Final. /Short Plat ~yc-,/ Est-~e~ ~!i ~s ,~ ' ^ 'l. We have No Objections to this Proposal. ^ 2. ~ We recommend Denial of this Proposal. ^ 3. Specific knowledge,as o the exact type of use must be provided before we can comment on this Proposal:' ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high. seasonal ground water ^ waste flow characteristics , ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ® 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ,~ central sewage ^ community sewage system ^ community water well ^ interim sewage ~ central water ^ individual sewage ^ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ~~ ~,~ >2 ~ S ~~, ~ 10. 4 Run-off is not to create a mosquito breeding problem. L ~ ^ I.I. This Department would recommend deferral until ,high seasonal ground water can be determined if other ~ ;l considerations indicate approval ~ a ~, ^ 12. t~! If re"stroom facilities are to be installed, then a sewage system~MUST be installed to meet Idaho State Sewage , Regulations. '~^ 13. We will require plans be submitted for a plan review for any:. ^ food establishment ^ swimming pools or spas ^ child care center ^.beverage establishment ^ grocery store 14. ~~- 1 T ~ ,S E S/T / V ~ ~5' ~ ~ Date: ~ /~/~ O)'F y ~, ~ ~~ t~r~ tt S' l o /L W A-'t2`-2 Urs ~ Reviewed 8 : / F1I'h a Review Sheet ~oHO ~0~9~ ~. «~.,ro~ ~ ~ `~ OFFICIALS ,r--.. WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator KENNETH W. BOWERS, Fire Chief W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney' • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Legal Department (208) 884-4252 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN fl. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP MARK NELSON BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that-your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 7, 1998. .TRANSMITTAL DATE:_Ma~ch 96, 1998 HEARING DATE: _ April 14, -1998 REQUEST: Conditional Use Permit for second building on a single lot - broposed fuel island kiosk ' BY: Albertson's. Inc. LOCATION OF PROPERTY OR PROJECT: southwest comer of W.'Cherry Lane ~ Ten Mile Road ~~ JIM`JOHNSON, P/Z _ MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN-POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P2 ADA COUNTY HIGHWAY DISTRICT BYRON SMITH, P2 ADA PLANNING ASSOCIATION KEITH BORUP, P2 CENTRAL DISTRICT HEALTH ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT ' _RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT -CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) _KEITH BIRD, C/C U.S. WEST(PRELIM 8 FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) -WATER DEPARTMENT BUREAU OF RECLAMAT101V(PRELIM & FINAL PLAT) -SEWER DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT YOUR CONCISE REMARKS: ~ ~D~~-+~,~~rrp - ~ ~ ~ P ~ -CITY ATTORNEY ~ -CITY ENGINEER , , -CITY PLANNER ~ PARKS DEPARTMENT _ „~- CITY FILES MAR 1 8 1998 CIS' ~~' MERIDIAN WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHAR1 L. STILES, P & Z Administrator KENNETH W. BOWERS, Fire Chief W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney i HUB bF TREASURE VALLEY ~ COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF 1~IERIDIAN RONALD R. TOLSMA EE G GLENN R. ENTLEY 33 EAST IDAHO MERIDIAN, IDAHQ $3(142 P & Z COMMISSION Phone (208) 888-4433 • FAX (208).887-4813 ~ JIM JOHNSON, Chairman Public WorksBuilding Department-(208) 887-2211 MALCOLM MACCOY • Legal Department (208) 884-4252 KEITH BORUP MARK NELSON ROBERT D. CORRIE BYRON sMITH MaYot ,: , TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJEC_ TS 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 recommendations to Meridian City Ha11, Attn: Will Berg,City Clerk, by: April 7, 1998 .:TRANSMITTAL DATE::. March 16. 1998 HEARING DATE: April 14, 1998 REQUEST: Conditional Use Permit for second tiuilding on a single -lot - aroaosed fuel island kiosk BY: _Altiertson's. Inc. LOCATION OF PROPERTY OR PROJECT:- southwest corner of W. Chei-rv Lane ~ Ten Mite Road ~ - JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM ~ FINAL PLAT) MARK NELSON, P/Z ADA COUNTY HIGHWAY-DISTRICT BYRON SMITH, P/Z ADA PLANNING ASSOCIATION KEITH BORUP, P2 ~ , CENTRAL DISTRICT HEALTH ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT !CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) _KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL.PLAT) -GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PIAT) -WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM &-FINAL PLAT) SEWER DEPARTMENT .IDAHO TRANSPORTATION DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT [~;~ ~ ~ ` ~ ~,~ YOUR CONCISE REMARKS: POLICE DEPARTMENT - lCITY ATTORNEY _Ll... ~n ~ ~' ~ Lf.- Af ~~ ° -~ ~~,,Q .~ CITY ENGINEER -CITY PLANNER • PARKS DEPARTMENT -CITY FILES ~~ ' ~ , a F. • REcE'R'ED MAR 2 7 1998 CITX OP MERIDIAN PLANNING & ZONING April 9, 1998 Albertson's Inc. Paul Lawrence 250 Parkcenter Boulevard 200 6th Street Boise, Idaho 83706 Boise, Idaho 83702 Re: Staff Level Approval MCU-10-98 SWC Cherry Ln & Ten Mile Rd Fuel island/kiosk Facts and Findings: ,~•`~~°~ :~ .., A. The Ada County Highway District (ACHD) staff has reviewed ahe above referenced application requesting conditional use approval'fo construct`a fuel :island and convenience kiosk located in the northwest corner of the Albertson's store°. The site is-located on the southwest corner of Cherry Lane and Ten Mile Road. This development is estimated to generate 350 additional (7,100 total) vehicle trips per day based on :the Institute of Transportation Engineers Trip Generation manual. x`~ -. ,, ,.~ ,- B. The application' and site plan stamped as~received4by Crty'of Meridian on March 16, 1998, and submitted to the District on March 18 1998;'have been"reviewed by the ACHD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to~the:plan,,described~in the requirements stated below. ~.f~ This is a staff level approval and will not be~heard by the ACHD Commission unless the site ~. plan is changed in~such a~manner as to not conform with District standards/policy or an appeal of the Development-Services staff"decision is submitted as described within the Standard Requirements outlmed•~below. :. _- ~. . ;:. :. ~., The following requirements are provided as conditions of approval to City of Meridian: ~- Site Speci~r Requirements: ~; 1. Provide;. stop signs and stop bars at the driveways intersecting Cherry Lane and the northern driveway on Ten Mile Road. Coordinate the signage plan with District staff for review and approval. ~ k h . r~ \~% ~ i ~~~ ~ s a ~ ,. ._ r ' a " ... ~ t 6: ~ .Construction, use and°property.development hall be in conformance~with all applicable ~ ~ ' - requirements of the Ada County Highway°District prior to District approval for occupancy. ' _ ~ r 7. Any change by*tle applicant in the,planned use of he property which is the subject of this ~, w. ,application, "shall require 'the <applicant to comply''with all rules, regulations, ordinances, plans, F ~--';+.P . ,~ or other regulatory and legal restr"fictions in force at the ime the applicant or its"successors in, ' ~ ~ ~ ~ interest advises the Highway District of its intent~to change the planned~use of the subject, T ; a ~~ ~ property unless awaiver/variance of said requirements or other,legal relief,is-granted pursuant ~' ~ to the law in effect at the..., time the change in use is sought. ,~ ~ ~ ` `~ `~ -'° ~ ~ ~` ,. n t ~ a. .uf °. ' F R 8'. ~ ~' No change in the terms and conditions of this approval shall be valid unless they are in wiiting P : ~ ~ 'and signed by the°applicant or~the applicant's authorized representative and. an authorized F - t representative of the Ada County Highway District: The burdeny~shall be, upon 'the applicant~to • -- ~ ,.~ 1 ~. ,. ` ~"~ ~p"" ~` obtain written confirmation of any change ~ from the Ada County Highway District. F v », ~ c. 3 ~ ~ s 3 ', i ...1 ~._ Conclusion of Law: ~. ~1,~ ACHD requirements are intended to;~assure that the.proposed~use/developmentwill notplace - ;., an undue burden on the existing vehicular and pedestrian transportation system within the ~` s' t vicinity impacted by the proposed development:.,-; -~' ~ y Should you have fany questions or comments, please contact the ACHD Planning and Development staff at 387-6170. v ~ ~ - S A ~ 5 1 a Sincerely, - ~~~'~ ~. Larry Sale ~ ~' °~ Planning and Development Supervisor ~'~ ~' cc: Project file ~~ - ~ ~.', ~• Lead agency w~., ,' i~ /Y k /.., j'. a' x~ ._. P,, r. i n` -' ': } . W „ ~ ~ f n ~ ' 'q.~ i . vICU 1098.SLA .. Page 3 .~x ~, ,~ ,.. .. t E~~, I d W ~ ~~€ a . r~ ~~ 1 > ~ r~~ ~~1 . i-, nom' ~-°~: I' I'~~ z ~ G o u- ~ ~~ ~8 -_ ~, ~,, r I ~; RECE~~ (( APR f .a~- 1 3 1998 ~ ``` CITY OF MERIDIAN ~ ~ ~~ II>I SUSAN S. EAS7LAKE, President ~ ' `~,~,~~ /~ GARY E. RICHARDSON, Vice President ~ , SHERRY R: HUBER, Secreta ~ ~' ~ ~ ~-~ ~ "~' ' ~~`" ~ y , rY' ~ ~ ~ q a :~;~'~ April 9, 1998 ,r ..,. ~ ~ ; ~ _' ,; ., r ,~ . ~ 6 ..,f Albertson's Inc: ' . ~ ,' - Paul~Lawrence '.. ~~ ,f ' °~" _ ~ '~ 250 Parkcenfer Boulevard" `- 200 6th Street r ~ ~~. ,~ Boise, Idaho 83706 Boise, Idaho 83702 .. n . A~ ~. Re: Staff Level Approval MC.U-10-98 , ~~ , , SWC Cherry: Ln & Ten Mile Rd ~ -Fuel island/kiosk - t Facts'and Findings:` ~;.' _ ~- _ .. ~ I ._ _ ~. a ~ . .. '~ `'~ 'A. ~~ The° Ada County Highway District (ACHD) staff has reviewed the above'referenced application requesting conditional use approval to construct a fuel° island and conveniences kiosk located in the-northwest' corner of the Albertson's store. The. site is located on the southwest _~ corner of Cherry Lane and Ten Mile Road. This development is estimated to generate 350 . additional`(7,100"total) `vehicle trips per day}based°on the Institute of Transportation Engineers =Trip Generation manual. ` ~ ° ° ;~ "- ~° B. _ The application and `site plan•starnped as received by.Cityof.Meridian on Nlarch 16, 1998, and submitted to the. District on, March 18, 1998,. have been reviewed~by"_ the'-ACHD Planning ands =Development staff and conforms to applicable°District standards/policy, or can be made to .~t. ~` conform with the change(s) to the plan `described in the requirements'stated below. 1 it r~ ~ 8lE ~, i ~' i~~ fn F ~;; ~~` ~x ~s This is`a staff level approval and will not be heard by the ACHD Commission unless the site ~ E plan is"changed in`such a manner as to-not conform'with District standards/policy or an appeal i r .: ~ of the Development Services staff decision is submitted as described within the Standard 1 ~ t!"~ - Requirements outlined below. ~~x The following requirements are :provided as conditions. of approval to City of Meridian: ~~ ~ ~~ w, Site Speci~ic"Requirements: ` ~ "'~ ' ~° i i d ~; o ~~' 1. ° Provide stop signs and sfop• ba'r's at the driveways intersecting Cherry Lane and' the rior'thern driveway"on Ten Mile•Road`. Coordinate~the signage plan with District stafffor review and a approval. ~ ~ ~' I'~~ ada county highway district , , , 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 387-h100 i • t `~ 2. ~ If not previously provided, provide a recorded cross access easement for the parcel to the west ;. :and between.the_lots in Ten Mile Square`Subdivision to use this parcel for access fo the public streets prior to issuance of a building permit (or other required permits). ,. . .,, ., - r n.;,. t, , .. ,- 3 ,_;; Utility street.cuts in~new pavement less than five, years ,old are not~allowed,unless approved in ~~ writing by the•District: Contact Construction Services at 387=6280 -(with file number) for details. ~ -t 4. No new access points to the site have been proposed and none are approved with this application. l- r Standard Requirements: , e~ ' ~iy 1,~! ,. _ . ~,. ~ 1. This decision of the'Planning and Development Supervisor may be appealed to the Ada County `' ;1`~ Highway District Commission by the applicant or by another party within 15 calendar days ' ~~ `~~ from the date of this report. The request shall specificall~identi , each requirement to bey , reconsidered and include a written explanation. of why such a reauirement would result in a substantial hardship or inequity. The request will be heard by the District Commission at an evening meeting within 20 calendar days of,the District's.receipt of the appeal letter.. The appellant will be notified of the date and-dime of the Commission meeting.. 2.:: _ ::.::.After ACHD Comrissionaction;..any. request for;reconsideratiori of the- Commission's action shall be made in writing to the Planning and Development Supervisor within two days of: the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of it's original decision: The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact - Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved- supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. MCU 1098.SLA Page 2 ~° . • 6: Construction, use and property development shall be in conformance with all applicable - `require'ments"of-the Ada County Highway District'prior to District'approval for occupancy. 7. ~ Any change by the applicant in the planned use of the property which is the subject of this ' '"~ application,~shall re°quire`the-applicant fo'comply with'all rules; regulations',"ordinances, plans, ` `or'other regulatory and legal restrictions'in`fo"r'ce at the time the applicant or its"successors in interest'advises the_Highway District of its intent to change the planned use of the. subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time`the change in use is sought.. ~ 8. No change in the. terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden, shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Conclusion of Law: ~ `~ 1. ACHD requirements are intended to°assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within- the vicinity impacted by the proposed development, .. "rShould you have' ariy`questions:~or comments, please contactahe ~ACHD.Planning and Development.. staff at "387-6170. ' .. ; .. .. _ ~ ,. ...Sincerely,- ~ - ., rry S e Planni and Development. Supervisor cc: Project file ~~ Lead agency- ~ --- MCU 1098.SLA Page 3 r / /• w 1 sa ~ sZ ,• .. ~ ~'', Su~+~ tIRS~ S $. Q. r+ ,~, ~j - 'L~~ ~ ~ _ '~ 'icJJ ti I a I K 1 ~ ^ _ aT3, ...3 ~~ O ~~~ ~ . 7 la .~~ ti ••. 4 • -.. • < -. , w '1S ` ,•..~ - , • 2. ~ iT_ li !S M `. ty 1! la 17• ( 1 . w r,,. i~l . / 1IM 4 t 2 ` ~ ~ t1 J Y ~L. 1 -' 3 •(~ Ohl •;-. ,....., ~... . S O~• 1 tL _ 3 ~~ 1 t 7 a 9 - . ~ ~ l Q ~ II / ,rE~. FUEL ~~ ~l ~ I, f I - i S~J~'~ ~ 1, f~ j - _ ~ _ • EX C5T'I N (r ~ _.- -. - - ~ kin ~`~r,tt~`?'~; j3t ^ ~.~~ ------.~,, ~ ~ 6 _ J 4 ~. --.- ~... I "~ - • .._ J r Y ..r .: Ycr - ~) . ~ I _.•.. ~n ._ if ._ ~ ~ . 4 Z~.: • ~ ' z~ t ', ~ Z ~ I. ~ `j ~~ a `~ 36 f _ y - 5 L" ~ • • ~ ~~ 1I r .,~ .. ~ .,.. L i, ~ 3 .. _ Z, ~ 2, I .., s-~ .. _ - yy > .. ~.. _•.. -a -~ _. ~ G .. -- -. _, :. __ ~. n ~ ,. ~ .,;-;.. • - APP~OXMAT:E SCALEl"-300' - c • •• -- ' 1 ~__ ~~~ ~ -. ,. "_ .:• ~` - - v 1 ~ t I ~~, _ ~. i P. f: _.. ~ _ ,V^°z -. d sY.ij'f ~1'm'i! >1~ ?'- ts•... 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W~ v3 i00f731 d!3/~ ~BHS~ ESST CfiE S0~ ~E3 Tf =60 S6r/Ot/f0 r-,~-1.-~~-~~------ Flpr 13 98 12:36p Linkletter Enterprises LINKLETTER I; NTERPRISES April 13, 1998 Planning and Zoning Commission City of Meridian 33 East Idaho Meridian, Idaho 83642 SENT VIA FACSIMILE Re: Notice of Hearing scheduled 4/14/98 [7141660-1196 p.l • ~~c'E~D APR 1 3 1998 CITY OF MERIDIAN ~p~ z As the owner of 3313-3329 Cherry Lace, Linkletter Development Group-Meridian LLC Si_TPPORTS the application of Albertson's Inc. for a conditional use permit for the installation of a proposed fuel island located at the southwest comer of W Cherry lane and Ten Mile Road. Sincerely, -~~ Michael Linkletter Linkletter Development Group 2Q81 HI;SIKI'SS Cl'.V'I'ER DRII'L•, SUCI1i 101 lLtV1NI;, CALIFORXIA 4?613 (7141 ti60-1190 FAX (714) 660-~ 19ti APR 13 '98 13 34 714 660 1196 PAGE.01 ' • ~~~ ., ~.~ Pace c 960 Broadway.-avenue Suite 312 ~~_ Boise. Idaho 83 ; 06 '' r~.~~.~ ; , 4 SCHEDUI~ 6~~~~ x FrojecC 06-1191-0601 t~.~ ' ',rj~,, Date: 09-03-96 . j'~ a~ ` '-``" ACCESS EASE:I~NT FOR LO VAN PROPERTY `~~ An ingress and egress easement being a strip of land of variable wi~~,~r a portion of the NE 1/4 of the NE 1/4 of Section 10; T. ~ N., R 1 W., Boise vfendian, Crty of Mendlan, Ada ` ~ County, Idaho,; the enter line of said st: ip more parriculariy desc:-ibed as follows: Commencing at a~found BrassYCap monument marking the Section Corner common to Sections 2, 3, 1 I and 10 of said T. ;.N., R 1 W,,, B.~f. from which the 1/4 comer common to said Sections 3 and 10 beat`s; North 89°41'38" West, 26.9.58 leer, thence along the Section line between said Sections 3 and 10, North 39°~I'38" West, 344.49 feet; .. - , 'thence leaving said Section line, South 00°18'?2" West, 53.01 feet to a point on the southerly right-of--way Iine of Cherry Lane and the- POINT OF BEGT1YiYING of a 40 foot ~Nide strip description Iying 20 feet on each side of the following course and distance; South 00°I3'22" West, 58.'0 feet~'to an angle point. and the beginning of a 25 foot wide strip lying IZ.~O fee`' on each side of the following course and distance; ' South 90°00'00" West, 185.51 feet to a point on the easterly boundary line of the Lovan property as shown on the Warranty Deed recorded as Instrument No. 8351286 dated September 26, I98; and the POP1'I' OF TER.tiLL~YiTS otz'said ,-tr-;p description. The sidelines ofsaid`strip desci=iption shall be lengthened or shortened to form a closed figure and to ternunate on said southerly right-of-way line of Cheery Lane and said easterly boundary line of said Warranty Deed. ~ . Said parcel contains 6,966 s.f more or less. ~ ~" - :, SUBJECT T0: ~ ~(-' All existing easements` or road; tights-of-way of record or appearing on the above- described parcel of land. k~{ ~~, I..gN~S' `` T ~ ~ . f 4 , ~ 7314 J, 3 .s~~r~~ .. L'lpcnjocts1119(06a11wp11ovan.doc ,~'., ~; ; - GEC >',9 ~,`~ S ~? ~ 4F ~ , 4 (208) 342-5100 Faz (?08) 3x2.5;53 Planning ~'EngineerinQ • Survevi ne • Landscape Architecture • Environmental Services .,_.. a A.. I :1 ~` ~. ,' r a ~c 0 n .~yy r. , i U ~ ~' o gtln ~w$ ~~~ ~, <~ I I ~~ W ~~~ ~ ..J ;l ~: ~ ~ _ u ~~ ~ g ~M ~~ ~ ~ n W g~ ~Yg~ W W jj¢oo ~ 7 = ,~~2,~ ~ W J ~ °N~~~~ SS~~ CCCC ~~ /~ V ~i~ ~ yY in m 1..4 Y~ Z i Lt m~ 4 W R x e O ~ • I, I ~ (i m~~/^Y1Nf1 I - o g-- ~~ -~--- h o -~- -~ - ~ Odob 3'lnr h3: -___~__ 1 -~- ,~ .o: Yu 2 t 37' ~ i I1 ~ 5001J0'OS'w 215.52' S05'10'S6'E 2 ~. I ~ ~j ¢ 2 b I 8 Oh ~ O O ~ `" '~ • I I ~ op N r N I N A ~ O Wu f n c.. W N > I ...r .'>ig « N C W w o. N ~ I ~ '~ ~y~ v~ 'Q W (,~ 3 P o0{~¢ Q a ~~ . ~ ~ 2 ~ ~ 19'D9 I ' ~ ~ ,~, W,p0.0pN xvb .Ot 3~NC •~OT S i Oi7i' ~ M.7}t0 M'.XIS D I c ~+ ~ N ~ '~ LL W ,Da005 n p N ~ w n g U ? 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' a ~ _ 2yV W O2 < z,® .. } o ~` Z y~ Q A ~r~ `" O;~W '~;~ ~`. a M ..~~, .p § "~," ;l~ ~,,,, Meridian Planning & Zoning Commission ;March 14, 1995 Page 27 ~`~Anderson: If I could comment, typically what will-end up in the 10 foot adjacent to the property line inside the property would be their risers or pedestals, transformer pads and we can accommodate that with an easement that just surrounds that utility. That is what we are after. Smith: I guess I would relent to the utilities, if that is, in a subdivision that not generally the case they are in that easement they are outside the public right of way and they are within that easement. Because we only have a limited distance between back of sidewalk and the edge of the right of way and so they do stray over into the private property or Into that utility easement. So that, like I said earlier that is standard statement, standard requirement that we use on subdivisions to allow the utility to locate. (Inaudible) on final plats we normally always get comments from the utilities whereby they state they~are requesting certain easements, certain width of easements. Johnson: I was under the impression they kind of dictated or at least requested where the easement would be, whatever fits their needs. ,a~. _. ~fSmith; Right .. :~ ~:=~ Johnson: 'It is really nothing that we decided for them was my impression. 5 ,~; _Smith: Correct, and typically our utilities, the sewer and the water part of this thing is located within a public right of way or right on the edge. So there isn't a problem from the City utility standpoint. One thing that, and 1 may have missed it in this review by my staff is one thing that we do need consideration from Albertson's for is an easement to extend sewer and water services to the property to the west which is owned by Wally Lovan. I visited with the architect for Albertson's concerning this issue and it may .not have gotten transmitted to my staff to include that as a review comment but I have talked to Mr. Craig Slocum from CHSQA concerning that issue. y Crookston: Mr. Chairman, there is a comment from Idaho Power that says we require a permanent 10 foot wide public utility easement along all lots adjacent to a road right of way dedicated to public or private use. Johnson: Which is also probably a standard comment. Anderson: If they are not going to need it we would like the right to not have that easement on the commercial subdivision. It may conflict with setbacks or other issues that .could come up. 'i Johnson: f don't think we are in a position to grant any exception to that is my own feeling y? ati , *~ ;xk ~w ~r ~ ~~ ~ . i f t,r~. k w ~~ r ad' ,ae :. ..t,,. i•,~.,. \ Meridian Planning & Zoning Commission .March 14, 1995 Page-28 .:r. , ,~. r .. :are we Wayne? Crookston: It really depends on what the utilities want because they have the ability to Condemn if they need to. ~~~~~~~ F °~~Johnson: Absolutely. '~, .,_ `5~ Smith: Mr. Chairman; I think this (inaudible) as the utility being out of -its designated corridor and if another utility wants to locate within their designated corridor then. they simply get permission from that utility. If we had permission from the utilities to not require these easements then I would think that would be appropriate. Shearer: Why are you concerned about this, isn't that supposed to be a landscaped area in the first 10 feet off -the (inaudible) paving clear out to the existing right of way? Something sounds fishy here to me. , Anderson: I am not real concerned with it personally but Albertson's does have concerns. with maintenance of the utilities in that easement, closing down driveways, not accommodating the owner of the property needs due to the utilities needs. The utility may need to,dig up, that line, may need to occupy part of the driveway, may need to close it , down or close III the driveways down. So as an owner needs to keep his doors open that is their concern and it has happened in the past. They have had better success with limiting the areas where those utilities are or maybe not limiting but specifying where the utilities need the easement, giving them the easement in that area only and not having a blanket easement that surrounds the property like that. So, if Idaho' Power doesn't need . that 10 foot or if they need it along a strip or portion of the property they would like to provide that for them and in just that area. _ Johnson: -Well, we appreciate your comments but I don't think this body can resolve that. I think that is between Albertson's and the utility really. Anything else you would like to comment on? Anderson: Another issue is that of ingress/egress which is on page 2, item 11. Both properties have the same zoning designation, the proposed plat and the property to the west. Albertson's doesn't know what the intended design is going to be for that, it is hard for them to provide a future access corridor or location without know what the intended use of that is. They don't want to incumber a large portion of their property, they are having a hard time figuring a way to provide access in the future without accommodating the existing conditions which would be maintenance over that access, right of the ingress/egress. How can they limit that access to a future use. ,; . `,, - :: . ~,~ Meridian Planning & Zoning Commission .:March 14, 1995 ~ tb -Page 29 ~~SK~~ j V.: •. .. ; .t~. "Johnson: Well, you can certainly understand the position of the property owner to the west can you not? Anderson: Does that mean that Johnson: That just means that I think that is a pretty standard request that we have access to adjacent properties and we take that into consideration when we look at a plat .and look at a presentation such as yours so we don't shut off adjoining parcels and we don't limit the use of the adjacent land. Anderson: By Ada County policy and standards, a piece of property with 150 to 600 foot of frontage is allowed 2 access. So is the circulation to better the property to the west or is the intent to limit them to less access points on the property. We are not really sure how we can encumber the property properly with an access easement not knowing what that use is and not knowing how they are going to access that property in the future. Johnson: ~Is this at all related to your comment Gary or is this strictly with respect to sewer? •> ~~' 'Smith; =Strictly to sewer. ~; Anderson: ACRD has a similar comment on there (End of Tape) on ACHD's facts and findings page 4 this is their report dated March 6th, item 9. In the tech review meeting they didn't have a real good explanation why they wanted that access without knowing what the intended use of that property is. Still by policy they are allowed 2 accesses with the frontage that they have. Hepper: I guess I don't understand, you guys are making the proposal for the lot but you are not going to allow them to have an access? That is what I am getting. Anderson: Let me clarify, • Johnson;. I think we are getting off track here, I don't like the tone of the way things are going, it seems io be dictating. Anderson: What we have here is the existing parcel, it is almost 7 acres, then we have proposed Lot 1 and proposed Lot 2. This is the westerly parcel that we are talking about. The subdivision will incorporate a cross access easement to be recorded simultaneously to the subdivision map itself. What it looks to me and what this comment 9 from ACRD they want some kind of an access to this parcel here. Is that how you read it? ;~ . ~,; ::; . ~ .:.z~~~:~:. K r,,, ., -~ : 'a: sY^ I_t~z. ,.~Mt~.tY}~.. yii':~.. ' ... P fi •eJ. a ~ ~= . ~.:l~2i S1. ~ ^4 4 Meridian Planning`&`Zoning Commission .:March 14, 1995: =;,, fr~ `Page 30 ~,,~, ~ f ~.. ~~ ~Hepper: I was under the impression we were referring to Lot 1 under the engineer's commenfs, item 1,1'~ I am confused, we are talking about something else. . °- ..t Anderson: They must be trying to incorporate 2 comments here, they want, the staff. maybe we can get some clarification. °They're asking for an access easement to the westerly parcel which is not a part ~af the subdivision then also in the statement they say they want a cross access easement to Lot 1. Which would be across Lot 2 to Lot 1 and we are going to accommodate that. What we are questioning is what is the need°for an access easement to this parcel here. Johnson: And ACHD apparently is only addressing the single issue p ~ r :''Anderson:. Comment 9 F r Johnson:. Which is to the west for access to Cherry`Lane r '~ Anderson: And by policy with a 150 foot to 600 foot frontage they are allowed 2 access points on that property. ' Johnson: ACRD is talking about a cross access; right? . a ,. , ~. ~~ '~ ~~ Anderson: Yes, they are talking about either an access corridor maybe they are talking about a cross access. Johnson: I think they used the term cross did they not? Anderson: ACHD in their March-6th preliminary facts and findings don't talk about a cross:~• oh,l guess they do I am sorry. Johnson: Number 9 says provide a cross access easement to the abutting parcel to the west for access to Cherry Lane. Anderson: What Iwas-thinking interpretation of a cross access is access that allows them to go in and out of every driveway anywhere across Lot 2 to Lot 1 They are stating they want a~ cross access easement could be a corridor easement to this parcel. Without knowing what the use is here it is kind of hard to describe where that would be and definitely don't want to allow this person now to go_across all of lot 2. .. Johnson: Well, that use is probably not known yet. Are there any other items? Any questions fior the applicant? Mr. Shearer? a • •s'~; .:r. r ,~ .~~, - ~ ... `pl ..:3'.' i1''. ~. .~ I f r ~,. }' i > • ' } ,- ,, . j 1 *, ~~ e~ ------ `~ ' °. 1 PAC1~ C ~ ~., 960 Broadway Avenue ; ~ y ~ Suite 312 Boise, ldaao 83 ; 06 ~ , .~ =:r-,... - SCNEDUI~_ ,. Prflja~r t76-1191-0601 Due: 09-03-36 ' ~, r i ACCESS F ` " A^ ;__ ~ , iie width over a portion of the ~ ~dian, City of ~fetidian, Ada ' County, ~J ~J ~jQ~ '" as follows: K" ~(~-(v ~ ~ oil c. ~~,,~~ r ~ 'on Corner common to Sections 2, ~ l" • '~/4 come: common,to said Secuor. thenc G~~ i~~ ~/r' `~" th 39°1'38" West, • 344.49' feet; J eat ~- thence. ~C~ ~~- -~ v ~~ ~ ~ a point on the southerly tight- G of a ~0 roor wide strip description :e; South 00' ~~r ~.~5 ~ • stn i 1_ _ ~~~.~ ~ ~f a _S foot wide P }+mg . ~ 0 f ~ 1 .. ~- ~" ~ I ` South 90°0 ie of the Lovan prgperry as shown ~ G~~ iced September 26, 1983 and the PC ~t ~~ The sidelines ~rrn a closed figure and to terminal, ~asteriy boundary line of said ` s Said parcel tom ' SUBJECT T0: _~ ~ ~~3 easerr, -.-•.. nghts-of-wav of record or appearing on the above- described parcel of Iand. ;,,~ - ~~ CDs s: ._ ~~ • ~ ~ t . - _ 7314gf L•lprojectsli 19 f 06011wp~Iavaa.doc ' t m Gs `J>-3 _S~l~~'Q ~'~ 0 7~OF~~ 4S - y a ~~~N 1V. A~9~ (2flg) 342-5400 Faz (308) 342-5;53 Planning ~ Engineerine • Survevi ne • Lsresc~ee Architecture • ~' _• Environmental Services - - -. - -. _. _ ,. ~ - - -- --- ~~a