Loading...
HomeMy WebLinkAboutEagle Partners LLC AZOFFICIALS- WILLIAM FFICIALS 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 A Good Place to Live CITY OF MERIDIAN"', 33 EAST'IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Legal Department (208) 884-4252 ROBERT D. CORRIE Mayor rl COUNCIL MEMBERS WALT W. MORROW, Presiden RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION t 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: January 6, 1998 TRANSMITTAL DATE: 12/17 /97 HEARING DATE: 1/13 /98 REQUEST: Annexation/Zoning of 4.13 acres to C -G BY: Eagle Partners LLC LOCATION OF PROPERTY OR PROJECT: NW comer of Eagle Road and Magic View Drive — 603 S. Eagle Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, PfZ BYRON SMITH, P/Z +_KEITH BORUP, P/Z ROBERT CORRIE, MAYOR —ROBERT TOLSMA, C/C .CHARLIE ROUNTREE, C/C _WALT MORROW, C/C GLENN BENTLEY, C/C ^WATER DEPARTMENT _^SEWER DEPARTMENT BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: -HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN"', 33 EAST'IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Legal Department (208) 884-4252 ROBERT D. CORRIE Mayor rl COUNCIL MEMBERS WALT W. MORROW, Presiden RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION t 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: January 6, 1998 TRANSMITTAL DATE: 12/17 /97 HEARING DATE: 1/13 /98 REQUEST: Annexation/Zoning of 4.13 acres to C -G BY: Eagle Partners LLC LOCATION OF PROPERTY OR PROJECT: NW comer of Eagle Road and Magic View Drive — 603 S. Eagle Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, PfZ BYRON SMITH, P/Z +_KEITH BORUP, P/Z ROBERT CORRIE, MAYOR —ROBERT TOLSMA, C/C .CHARLIE ROUNTREE, C/C _WALT MORROW, C/C GLENN BENTLEY, C/C ^WATER DEPARTMENT _^SEWER DEPARTMENT BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: OFFICIALS HUB OF TREASURE VALLEY 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 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Legal Department (208) 884-4252 ROBERT D. CORRIE Mayor i COUNCIL MEMBERS, WALT W. MORROW, Presid, 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 Planning & Zoning Commission, please submit your comments and recommendations to Meridian `City Hall, Attn: Will Berg, City Clerk by: April 7, 1998 TRANSMITTAL DATE: March 18. 1998 HEARING DATE: April 14, 1998 REQUEST: Annexation, rezone & conditional use — SUPPLEMENTAL INFORMATION BY: EAGLE PARTNERS LLC LOCATION OF PROPERTY OR PROJECT:_ NW comer of Eagle Road and Magic View Drive — 603 S. Eagle Road JIM JOHNSON, P2 MALCOLM MACCOY, P/Z MARK NELSON, P2 _BYRON SMITH, P/Z _KEITH BORUP, P2 _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH 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: I .� 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 July 21, 1998, for the purpose of reviewing and considering the Application of Eagle Partners LLC, for annexation and zoning of approximately 4.13 acres of land located in the NE '/ of Section 17, T.3N. R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located at the NW corner of Eagle Road and Magic View Drive. The Application requests a zone of C -G. Further, applicant requests a Conditional Use Permit for the parcel of land above ' described for a Chevron C -store, McDonald's with a drive up window and an Idaho Power Company Credit Union with drive up banking. 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 'It day of July, 1998. WILLIAM G. BERG, JR.eC(TXCLERK PUBLISH July 3 and July 17, 1998. r NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian. and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, #Meridian, Idaho, at the hour of 7:00 p.m., on April '14, 1998, for the purpose of reviewing and considering the Application of Eagle Partners LLC; for annexation and zoning of approximately 4.13 acres of land located in the NE '/4 of Section 17, T.3N. R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located at the NW corner of Eagle Road and Magic View Drive. The Application requests a zone of C -G'. Further, applicant requests a Conditional Use Permit for the parcel of land above described for a Chevron C -store, McDonald's with a drive up window and an Idaho Power Company Credit. Union with drive up banking. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 17th day of March, 1998. LLIAM G. BERG, JR., PUBLISH March 27 and April 10, 1998 0 A NOTICE O,F HEARING tl s. NOTICE.IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian', and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing ,at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m., on February 10, 1998, for the purpose r :.l t, of reviewing and considering the Application of Eagle Partners LLC, for annexation and zoning of approximately 4.13 acres of land located, in the NE '/4 of Section 17, T.3N RAE, Boise Meridian, Ada County, Idaho, and which property is generally located at` the NW corner of Eagle Road and Magic View Drive. The Application requests a zone ofo. I ,.> Further, applicant requests a Conditional Use Permit for the parcel of land above f described for a Chevron C -store, McDonald's with a drive up window and an Idaho Power Company Credit Union with drive up banking. d A more particular legal description of the above property is on file in the City Clerk's office of Meridian City Hall, 33 East Idaho Street, and is available for inspections during regular business hours. j 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. E, - I it Dated this 21'd day of January, 1998. WILLIAM G. BERG, JR., CFY dLERK PUBLISH January 23 and January 30, 1998 11 F f 11 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances oftheCity of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian willhold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho,'at the hour of 7:00 p.m., on January 13, 1998, for the purpose of reviewing and considering the Application of Eagle Partners LLC, for annexation and zoning of approximately 4.13 acres of land Located in the NE % of Section 17, T.3N. R.1 E, Boise Meridian;: Ada County, Idaho, and which property is generally located at the NW corner of Eagle Road and Magic View Drive. The Application requests a zone of C-G. Further, applicant requests a Conditional Use Permit for the parcel ofland above described for a Chevron C -store, McDonald's with a drive up window and an Idaho Power Company Credit Union with drive up banking. , A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33East 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 23`d day of December, 1997. . rWILLIAM G. BERG, JR., GftZLERK PUBLISH December 26 and January 9, 1998 I j The Valley News, P.O. Box 299, Meridian, Idaho 83680 Affidavit of PubliNtion STATE OF IDAHO SS. COUNTY OF ADA NOTICE OF PUBLIC HEARING TITLE OF PUBLICATION CITY OF MERIDIAN, IDAHO PLAINTIFF OR LEGAL AGENT Scott Crosby deposes and says: That I am the Managing Editor of VAL] weekly newspaper published at Meridian, in the County of Idaho; that said newspaper has been and is in general circu aforesaid, and in the vicinity of Meridian; that the advertise is attached hereto, was published in said newspaper once a consecutive weeks in the regular and entire issue of s period and time of publication, and was published in the ne not a supplement; that said paper has been established and more than seventy-eight consecutive weeks prior to the dat, said advertisement. Such notice was published in the issue beginning with_ 1998 and ending with the issue of April 1 1998 X Copy of Notice (First Copy) NOTICE OF PUBLIC HEARING CITY OFi14ERIDIAN, IDAHO NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridi- an and the Laws of the State of Idaho; that the Planning and-Zo!i4 Comnussiorr of j the City of Meridian will hold a public hearing at the iVlendian•City Hall, 33 East Idaho Street, Meridian, Idaho,"' at the hour of 7:0d p m on April' 14,1998, forthe pur= �fpose of reviewing and considering Pa g the Application of for Ea le rtners LLC, annex-. anon and zoning of approximately 4.13 acres of land located Mahe NE 1/4 of Sec rtion 17, 13N„ RAE., Boise Meridian, Ada CountyIdaho`and which property is gen- A rally located at the NW comer of Eagle Road and Magic View Drive: The Appli= ation requests a zone of C G. Further, applicant requests a Conditional Use Penmt for the parcel ofland above` Jescribed for' a Chevron C -store, McDonald's with a drive up window and an Idaho . ower Company Credit Union" with drive up bankuig Amore Particular legal descnphonof.the above property is on file ui ythe City` Clerk's office at Meridian City Hall, 33 East Idaho Street, and is availabiefor in spec- tion during regular business hours A copy of the Applicationis available r on?equest atI interested per- sons shall be heard of said public hearing and the public`is welcoand,'me and invited.to: submit testimony DATED this 17th day of March 1998: 7 /s/William G. Berg, Jr. r WILLIAM G. BERG, JR.; CTTY CI:ERK `f L-43 3M March 20 and April 3 1998 STATE OF IDAHO ) COUNTY OF ADA ) On this 1st day of MAY in the year of 1998 before me, a Notary Public, personally appeared Scot Crosby known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that he/sh cZecuted the same. �1 Public for Idaho �oTnRy s � _�.. 41*= Residing expires STATEMENT Valley News Meridian, Idaho Number of Lines ................ 19 LINES Number of Insertions ............. 2 19 Lines @ $ 1.50 ......$ 28.50 19 Lines @_ $1.25 .....$ 23.75 TOTAL COST WILL BE .....................$ 52.25 NO. L-433 M The Valley News, P.O. Box IV, Meridian, Idaho 83680 Affidavit of PubliWon Copy of Notice STATE OF IDAHO (First Copy) } ss. COUNTY OF ADA NOTICE OF.PUBLIC HEARING i CITY. OF,MERIDIAN,:IDAHO �! Notice of Public Hearing NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the City of Mewid, an and the Laws of the State of Idaho, that the Planning and Zoning Commission of! TITLE OF PUBLICATION --: r -I the City of Meridian will hold a public hearing at the Meridian City Hall, 33 ,Eilst CITY OF MERIDIAN, IDAHO Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on FebrugTIO, 1998; for the PLAINTIFF OR LEGAL AGENT purpose of reviewing and considering the Application of Eagle'Partners-LLC; Ibr d;annexatiomand,zoning of approximately,;4.13 acres of land located in the NE I?44Pf Scott Crosby b, Section 17, 13N., RIE; Boise Meridian, Ada County, Idaho, and which propeit -lis deposes and says: generally located at the NW corner of Eagle Road and Magic View Drive. •; the That I am the Managing Editor of VALL,. Application requests a zone of C -G. weekly newspaper published at Meridian, in the County of P Further, applicant requests a 6 onn( ti�onal Use.Perrm—i_0for the parcel of land above described for a Chev`"ion:C'sto_rg, McDoeald�s with a drive up window and anlida�o Idaho; that said newspaper has been and is in general circula .— - Power Compan(-CtrF"d1f umoq with drive up banking. aforesaid, and in the vicinity of Meridian; that the advertisen.' A more particular legal description of the above property is on file in'the=t;1ty j is attached hereto, was published in said newspaper once a 1AClerk's office at'Meridian City Hall, 33 East Idaho Street, and is available for inspsc- consecutive weeks in the regular and entire issue of saition during regular business hours. period and time of publication, and was published in the new A copy, of the Application is available upon request. Any and all interested.pPrr- not a supplement; that said paper has been established and recons shall be heard at said public hearing and the public is welcome and invitecj,'•to more than seventy-eight consecutive weeks prior to the date submit testimony. said advertisement. DATED this 21st day of January, 1998. /s/William G. Berg, Jr. i WILLIAM G. BERG, JR., Such notice was published in the issue beginning with s 98 JANUARY 30 City Clerk 19 and ending with the issue of L --400M 7anuary 23 and January 30, 1998 1998 ------- X STATE OF IDAHO COUNTY OF ADA On this 24 th day of February in the year of 1998 before me, a Notary Public, personally appeared Scot Crosby known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknoyrjpdgaAAg_me that he/she executed the same. Oom- J • �pTAR), ;otar ublic for Idaho • *• •fir' n Residing at PUBI.�G —� j*!` ��\Xmission expires _SiE OF T"j STATEMENT Valley News Meridian, Idaho Number of Lines ................ 25 Lines Number of Insertions ............. 2 25 Lines @ $ 1.50 .....$ 37.50 25 Lines @ $1.25 .....$ 31.25 TOTAL COST L-400 M. WILL BE .....................$ 68.75 NO. The vaiiey News, P.O. Box * Meridian, Idaho 83680 Affidavit of Publi0tion STATE OF IDAHO l } ss. COUNTY OF ADA NOTICE OF HEARING TITLE OF PUBLICATION CITY OF MERIDIAN, IDAHO PLAINTIFF OR LEGAL AGENT Scott Crosby be deposes and says: That I am the Managing Editor of VALLI weekly newspaper published at Meridian, in the County of A Idaho; that said newspaper has been and is in general circula aforesaid, and in the vicinity of Meridian; that the advertiserr is attached hereto, was published in said newspaper once a w consecutive weeks in the regular and entire issue of sai period and time of publication, and was published in the new, not a supplement; that said paper has been established and re more than seventy-eight consecutive weeks prior to the date, said advertisement. Such notice was published in the issue beginning with 1997 and ending with the issue of January 9 1998 X Copy of Notice (First Copy) NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridi- an and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 pm, on January 13, 1998, for the purpose of reviewing and considering the Application of Eagle Partners LLC, for .� annexatid and zoning of approximately 4.13 acres of land located in the NE 1/4 of Section 17, T.3N, R.lE, Boise Meridian, Ada County, Idaho,'and which property is generally located at the NW comer of Eagle Road and Magic View Drive. The Appli- cation requests a zone of C -G. Further, applicant requests a Conditi5hal•Use,Permit,for the parcel of land above described for a Chevy WCstore, McDonald_s with a do a up window and anrlda_t%pj P_ower.Company Credit'Union•with•dsive up banking. 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 inspec- tion 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 23rd day of December, 1997. /s/William G, Berg, Jr. WILLIAM G. BERG, JR. CITY CLERK L -385M December 26, 1997 and January 9, 1998 STATE OF IDAHO ) COUNTY OF ADA ) On this 23 th day of January in the year of 1998 before me, a Notary Public, personally appeared Scot Crosby known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that he/she executed the same. r ; •• ''�.,� Notaryublic for Idaho �0 moi' Residing at j `�(JK1CYGVCommission expires _'R '1111811111111 ,"" STATEMENT i Valley News Meridian, Idaho Number of Lines ................ 24 Lines Number of Insertions ............. _ 2 24 —Lines @_ 1.50 ... , .$ 36.00 24 Lines @ 1.25 . , , , .$ 30.00 TOTAL COST WILL BE .....................$ 66.00 NO. L-385 M lloW alqeluno33V jo=l N NL gym 10, 5 a) LL0 E W W—., U- r 0 r- 0— 0 E E;c 'Eo E -9. 25 (o CC X :3 co Co E 2 R 8 0 -,:N E Elro ro 10 m- t:9 M a) a) (ji LL E E S E 'oo E �E CIJ 6 LT x PK 5)CX5 69 o d�ENrnm 02 C :15D 10 0 St ry C, a) �O, cc I 2?,�a 0) LL CCm Co w 0) Co . 00 E cc am E'5. Ct$ -ONN- -Z ZG Z �'E to . E 0 -ja -a' uEdoc C076 C - 0 E wo U) L) 4 , "-woo E. -E X..E= 2 -coo OL 0 6 E og, W 0 a q E -j 2 a _u m::� Co 0 o Ooz -Z z 00 > -C 8 om �00.0 oa c .0 ZVI) o -.0) m U-'.1 1� 'Z>6 CO CM 2a. 00 al Co 0 c C, o.ts a- < - 0 (UD,- .2 2 -a .0 -E 0 a) • CL '2 'o 's Cu a) 0 —,= z Co . En E a a 2 0 a: 1:10 S? q IV �60 w z.So E cc) 0 com 2' Co 7a CLV 2 0 Ca Q 75 -0 LL i I Cl) o Co M cc 2 U) 0) cc Q a 0 Cl) Z5 rw x I a. CL P. M 10 LEU 0C'4 PO zi CZ CIq CY) 00 C14 � 4� •H N -ZT C14 -It C11 <T CNI -.I- CV -T CA -11 Cq -T N --ZT is a) CO) 0 CDr-q Er S O0 r- , . \.O u \.O \�D \.O \.D \-C \.o , \10 \10 Cy') 00 CY) 00 a Cy') 00 M 00 M 00 CY) 00 CY) 00 Cy') 00 M' Co CY) 00 -4 � f I \.O 4-j F-i M b r; o -- 0 CO z u C C.) pqHH� lo� 4 H �-A - H h-1Hf--� 0IL > C 0 C 'C Q) Q H 03 Q) C.) U) r Hcd cvcc Ca Cz Cl Ca M -01 -d "d ca 4-J o 4 J -H u Ca -H r--1 �4 -H �4 -r-I o U) -H E 11 Q)- r4 ''Ea -r-4 9- -H, �2w -4 0 10 (1) 1q. C) 'P 4-) - VAC q 4-) - Cri �4 u CU E ul C15 CY) (Ul) 24 9� o �4. r � r-i 4-) 4-) M (DN rn--j Ca 4J dC, 4 C 0 u r-4 Q) CLO r� 'M •4-) �3: U) �4 ) C C U) r--q (1) (2) U 0 1= 'C u �-) -H w pq C) 0), Cz 1:: -H N A rl o F-: r- C,) § 9 .0 3 Q) P� 4j PCI -H 4 4-� SPS 4j 4-) 2 .. ) 00 4-4 -tZU) u 1�1:4 -;:e, 104 A&) • 0 (1) Q) H W, M r. r--1 -4. Lr) W 4-) M -H Ln P \,C 00 r. �4 00 �-, (TJ 0 C) :3 z " �4 4-J M \.D 4- C-� -t u -T P,-T M (,j U) C'Q 000 r-- �g Ln . • 10 0 ri \.O (0,C:) 00 00 C) C) -H CD r-q —4, r--1 r--+ (31� C. 0HIS CY) U) r--4 gE -q r� CY) M Cy') CY) C) 0 0 C) a) C C) E �<Z 49 -9 IL OR 0 — c =- E W., r b- Z, ID S I I Lo r- IM 0 CM LO Cod-I Cc< -8 �w — - lloW alqeluno33V jo=l 11BW aigeluno*ad jo.] f. NNLD OC)' EEn37m� o N W ._ .. LL N 0 E :.: G C N C L c °' N¢ E`50Em x a m M-(D E m O ¢ Eonmom 42 E s ~ EoOc 0 EES :9m a C* 7 o'- E d U N 7 a c_ BE Ld .�XNQC l� ^ -o`o� o ON cnLL .. I .. )/lam !J ,y � E�rnm N yo� o c.EL��� -- - O O x. j 5. W �C •N C N ¢ LL W 0 'o _U a�Eono «ar�rno � C 0 p•o vy c» C U E g 0 E d Rf CnU - - "y. 11Z - �o E j= i _ �Ey�Q E_ 0. nE j` Qc0�N'� � V oa$EWQm to s .� a mmuoiEmcn �_.co N 7 O Om N o a Z NN c> = NC L m�Z Y U U c � 7°'E8Ef O 9' OONd�C C C m U C Ea C t{f > N > N 7 ON¢ CL N r- N CD'rn3 3 �m U NEn ��Cc, 0.pm U¢❑❑ L MO_ " "< w'�oE.0rn - COLO _ o .d T63 ca;a a ca Fam.M Cc 10 y -0 L -Do F, Q i U N cm ` 0 Y. c o cwj a •. Y - .. O� N N N �4 •. E❑ ❑❑ln� `o Lu y? a y N_ N 00 CV N N N N N M �4 d d -7 ' co - CO 00 m ami w7 O c ¢ U U a❑❑ N 041 0 009 Q 00 000 co 00 co co co co cn � 00 c�V 0 `' L ` V 3 H 3- Q) 1 E a ' H H M cH F i� H H H H 11 c� c � � H H M m (+CEf a \\vJ O H r g 'd 'r-1d 'd O cc cc p ca •cd (" cz cc cd cd cd Q r-I H •ri ca a r-I r l Q) H Q) •H •r-1 -H H ri �4 S4 �4 ri rl -I 'L7 •r•I b •r-I � b '� •r-I 4-J 'd U2 •rl •r1 ij 'tj 'U � �4 'd CO U U Q) b rd = • b CU CU � ."1.- r-I •rl � •rl •r-I Q) •r)�..' �'-, �+" �' �i •rt•1, •rl ,.� •ri } .c4 Q) S l •r I S ri S I Ul �d 'U O b0 S 1 t� O r-i : ry I m Q) •ri Q) cf1 r- I U I U ri > U r I 3! N N- U h U) U N �S F N Co N a W La N Pa' U) r-I � m W H Z U] cb • X25 cd S (3) CU r i 3 O co x 3 A I m Q) ca 3 �4 cv34J co 0 o U) W3-i3 (2) ca p (1) 4-J $a3 ro o +' 3 cd 03 cd u) o 40 O D b O Ui 14 r-I _ 4-1 cd W r I Ui w d Q o Q) R•'+ cti W W i—I •r-I H ` U0.� W T2s r-I a..J Q' O 1-1 Q' KS Q' r-1 •r-I d m E ca ; .N 4-.i � r--I �4 ri_ 4Z +-) L-6 , a•-) ,C. U) J, cZj a-) .5�. U Ki U) a•-) Ld N �4 'H IMLcna .- 0 0 O 'i4 61 �4 < Q) 7 4 c� ul }4r-_"C'iNi_qQ) I� „cCr-1 CUI QT �4 M� -r—I I� E Z ay00 \-O �4N Q) Un U M ro Co �Nv� r \'O ) M ('U a) ON E--HN x 00 r-4 cMP'cM9NP •rq ,-a co O rn NR'Ni�N -H C31\ Orn o o O o M cMMa O O O O O_ O O_ C) �, aZ 9 9 9 "� °r 9 g `r 4 9 d9 a o O p ko p p"-P O o p o o p o uyi �- T w T . S 7- 7" T T - �' T E Cl LL U. Q` 9. LN (� a c~ .->' •' N M � Lo ` a(fl f� co p < ,- » x � EmN a o N ' Z 0 J T T H J 11BW aigeluno*ad jo.] f. lieW olqujuno3oV jo.1 E 'e C w I 0 � -Lt - 'a Oa) LL (D c C- 0 cc E c 0 0 0E OUD E cl't E . WC_ cr E a) E P, F E C -c, 3f'Eo j64 0 OE) E E a, OC E= 0621 r Io 2 E T c,',j Z5 a) CO 'OC a: LL �S, x cc 0 Ea r ��&z F co -. CL -�c Esc co .OQZ6 r,-, 0 1 E cj c03 'Do.= 2 x -i= or E GA E 0 -Oo -jj Ez coL f k o co"z -,Q 1,00 c 0- 0, C > - g co s— v 2 10 - C- fC 8 L cr 'U= (D O. d 0 (D 0 N In 0 CL :E- (D Of 3:':: O cc$ E cL O'm CL 'a .r- (D 0 cr DO co 0 ago C�W-@c co �.E c u � _ 2 z 0 !a c 2 a 1 0 ca m 0 00 LL -u im cq clq C11 (o I I I I t -Z5 wx fL --T i -T , -It I I -,T, i t EEI Fjj --T ;o CA CY) M (II) + CY) LU > off. 4 CY) cpm t \.O cn �4 N 00 H (1) U) cq a� F--1 C') 1 110 cn co NIF�3i I '-q 00 00 r-- :T 5D M 00 MU 00 \D -1- Lam 00 Q) cc P rlo -0 A r:� -I a, U) 40 ca >~ rd b r -q r-1 clq 0 d H Cli � N p --q 0 (3 j J, Q) cr-a• a)40 • U- 34 t J) F--1 0 -H C" E r �4 C=� �4 f2) 0 f:� �24 U) Q) ��4 9 '::' �4 '47; 0 $-4 - $-4 3,L. -H Q) �: 1�: cr a M' �: , u '�4 �4 P� �4 I (1) r� Q7 CCCD) S4 0 r --q r -i �4 D u 4J , o a� Q) Q) 03 a) Q) , r 0 in (z (D Q) , Ir. - rTj o v)f �4 k - 9- > () -r-q r. ci 8,--4 'a -H (1) • 1-1 -H 0 0 0, 'C'. U 4J -r-1 (Z (1) 00 0 00 a) r- 0-) Cq r. H U) 4-) < ) N W W r_.r-� 4-) W r� 0 --T -H r -H --q Q�): H U) , �4 - 4 () t 24 -01. ?E. L6: -,q CL4 ' �- 9,0 P$ in r --q C�O, x �11 `;6 1 IM, 00. 1�1 00 co z �6� W .45 '0 -':� Cr L,6 r 20 P9 I a04 P� le; Z5 AE Z 14 r�4 4 �4 sew L - L,6 s4 0 (D ;s 0 0 r--1 r --q -r-q r-� 0 Q) Ln "4 U-� > TO 4 2 u . > u v Z Ln r- C-4 Q), \,C PCI C-4 CY� C',] -r� C) lmm CO P:4 CO r- 1::� \-O CO - a, W 0 00 P� (Ij Cq 'D CO P., 0-4 pq r- r� ON C7 CO -4 cr L C4 7 rAA 0 c) o 0 c) 'E a A? LL 0 CC) U) 0 U) V mu I E CO) Z- ri- c—, CL- JD6- fl- z Each LL co cm, m- Nt. C%-: r- co CD - _0 C,2 lieW olqujuno3oV jo.1 11eW elgelun000d io 1, t ' J X C C c LL a) _ � c c Ncm m N aa) ¢ fn m -w cum > - E C nd U'N 0 L.oNpE � =Nc E c m b -�..o mo EEc��E pjll m�Eg£m c D d !ri N CA. co __'. E N o �'� x� c d�� O A LL No'o- coN eQ N O �� �f. v�y ° p-`O.F-NC j BCW NN�U cts W .'O 'L r J E m�'a m ccs Qoc°, Y •mop 'O J Ep o.. m . o m Ecam- c c mccv �."0 yU0 X-= h fnO or_ m V 8.9 NSaEmE ¢eco oD0-m°m amo10_ �`0- m m m c c. y N a (a a, cc w o OziL..Z N OI O ,U r0 O >.- c y 5c_n, Y o U O _ m- 06920 :5- �,W•,. r a� m � �y - c a�mmm ID CnEM .0'� C t0 > N � yU� f0 O OcyCl`mO C O�' JN J 0 a..o l0 'SN - - '� O m -_ N F • ..- - R�ntcO N E d Cr0 a �S U C.QN UCc 1: aoEc0 ( Ma c �nt _a n N i o rtl U C'2 m i U to -0)Ems¢ T T A No N j O 15 6 x CL - CO E❑ ❑❑ W °o'°a'Aa UO � v of (v aa?a" N a� y rn i `oO H M M -It a- a� o c V U CD a0 * I'D M .j c❑�❑ cn 00 00 p .�4 C Q d a. o cd b H N. d IL rO m a c � � E cts p _' ` Q W .0 rQ) 1,3:* co Z L) cn U) N p H .s o O ca p U) $:: U) U) r. RL U) Q O a) r-IO r-• 'J C r-I r-- co 1 S-I d y � o .V d r 4 r-i W r -I •H a) d O cnM �33w3c�cnaa N 0 0 ZW� i d L � _W Q) —A a) r— U-N U) NON gON m 0 U-EQ r �, — N ¢z O S 9 9 ad �CD U) a, �`� Zv r N co � Li7 co NCO M. O ? Z Q C JE'a T r' r r r - loJ 11eW elgelun000d io 1, For Accountable Mail Z - a (n. I 00 -4 I I � Ln - M -W Q.(D- CL CZ 0 •3. y 3 0 0) Cr ID !R . �,N f. -CL CD 0 (D r Cr ID CD C).0 W D C) 0- `� C) 'I �{ w g m e w (D o 11 2) N) �7,1 00 kv LO 1:-3! 0 W Ow t,) Q0 WLR FMj F -j W WW �-4 W 'd 0 �J- LQ �d 0 H. �� ,'t C:>!D) t -j 'd CO - t-4.) tdHCA 00 C:' \,O rt WG' C)'*, 0 9- Z Cs ,-n C) ",I C), -,] �j ON w 000 t vi D) t-1 w Q 4-- D) 4-9, 4,- L,) 0, CO -S, Fj: C -t 011,J1 Cr\ n �-A t::� w ct W rt (Z) .; w �.n h1 A,- CrQ Q; c00 3 (D, (D �If 18: N. 0 ZMM rt Cn �r> (D �> i.� � > 0 tt �el z C_4 :. a; A (V" 00 r1t Ct rt i':7 rT �O CT rt C7�1 C -t rt Ct 0 rt M H. td rt n -DL. �j 3 > :-r, Q, Q' 17' P -"td �-A (D CQ -1 CD w 0, �-4• g �� a C �;d D) v R� L- F, .0 Q-1 P. V, 0 ;,217 t,-. 0 (D .- En > (D : zii N ,� �::E� E ::i� - E� :4 z� -,;5 �z; w 0 1 --0 M N I -i w -c! w D) C, (D H. td (D C) �1 O -Q k.0 H9, 0 �3, (D� I -t rt' 2 CD 0 (D I Cn rt (D LO Cn III W ID 0 (�D4 (D -3 'C,:4 ("I rt- (4D I '(2), (D �O �' -) P- 1�4; Fl- F-3 rt 0 t1 f-1 �-i P, i4 1 �-1 1�1,j 1 ;2, M _ "I - CR, to' H. Fl. 't F" 16: H. H. F� F.. C , �) H.' H. 0 H. H. -3 jr 3 H. H. ,0 1), 0, - 0 'I (D ' �J Z �J, 23j 2�) OE$' 21) 1<1 J 1-,� � ti ' r (D CO 0 0) �-Ll -4 t:1 g J) W. ns✓ t�• rM - )�:; T overta 7:7, F -q HF -q H0 HW 0' 0 Q)Q �J, 0 HC) 0 W -)J I 0 CD t:7 t::j t) dZ t:j F-3 d � tZ) rl, tl (D 00 D n 0 EE=s oo M foo M tj 00 00 rt CO D) 00 00 CO -0 1� OD 1-1 1-J (,) -M (D U) Zn w 1-1 LO LO LJ w w �3 LO w _0 w - t -i :-00-33 2! m 8 2, 0 (a 1) (311,-, ON ON a\ 0,\ 1 ON �; CN ON r-). a\ -zI --q 4 a S; R. E6 WC =D - CD az N N lt)r F.) N) N) t-4) tQC7�a C7 0 CL (D ON .4 1 �,3 C� > N* tui IQ p -i It".) LJ N) w N• w t-4) w 't.1 LJ 0) ra " X-- r ti )0 r -P H. EE D3' rri �3 . ,C3 3- -�L mom- X 4-- �.0 — � - '-4-- \,L) - - NJ \,� k�) I�L)-- --V-- ZTTY-- I � � -0 CO (D �7- .31 0 a ja 33 ci f4 m D '0 w CD 0=, Ct 'D CD aL g) , - _&o-' (4) (D 50 -.0, K M -a = Lb. -q),< (D CD 0 - L" go 1�0=1,3 (U 07 0 ppm 0 ,PEC 0 0 CD6 m a CS 0 =- 11.) r CD =7 -0 CCD1 CD 0 C 0 M .r(b 5 -CD 5' CD cc) 5, 00 W > CL 0 m: S;'W 5��OPD (D 11 CD < (Dcr CC'��< (b.'0) (1) (D (D Rt' CD, 0CD m CD OVI 0 0 0 mi CD 0 Cn jQCD, Q. m` -O 0 E, C ID @ t(D &,�= CL vim www >: 1; ID e ) CpOCD ==X Hwy 5; 0 o Ham CV a 2163 3; Wr6m g_ M 00,0 0 3 (D -n M 0 0) CD! M 0 M 0 :3 < -0 CL 47-� m CD =(a ZR U) CD CD;(DCD fD 0 ID UF CD VD .0 CL C, WDa- 30, 81 2 ID' gff6�-3 3 g CD ;r r 0 5*- CD :01 Oiq 3 (D 0m M< ID CD 1-d a 3 CD a- r-3 CD ti ti =0=3 x. C -t -0, :3 CD -n CD �j (D ' CL m M - X r D C CD 1 L a m 53' 3 =@:E & La I z =Mo n t0a, CD, 0 3 w Cr a n O '3 v CL Cr N i c� x O m 0 7 CCD 2 For Accountable Mail m 50 (Ji W j O c0 W v O U I A W N 1 m O>Z to a 3 Q c c g m 1 I.1 [� rtJ j til h j Ti`s �}y i� ► f},S �f f l� I ZJ �y 1 �v1 CO m sJJ W vJ W vJ `"'' vJ v� VN �. vI : G L o "0 oQ o l Co 'FD.137 6` S 6 -9 S p Y ti Q O -� �, d o o s S ww000\Ot7 "dC-4Vt�d'-dL4O'%;dNrbbh7d\dNt17w:dNxNtdLllid olF- vI-'00� HOW NW 1 0oO W BIW NW OH•�OW ri ON (D --j P- n W ion vi (D vi C H. O (D �n O n x r a",.(D w t3 O C P. "Up F--OP'OC �n n W ON >✓ vi •�° alp (D (z m to H. CO Cn rD ° til • (D td O • r cr (D Cn - t=J'ri til m n z S7+ CD W '".j'dei 'X O0 o N . 4 ri con PI to i P t� � t7 � � N• t7 01 ((D Qo r , d V-A T--hJ N (D F - I N (t n O W is (D N O N �d 00 O (D 'd Q, k.0Cn d D m t -r O ri W pt 1,0 O C -t Cn O C7 070 CL � -j- H- n OW v`C (t H•(D n H•�IH•Q,H•O 0 n 010 C,Q, H• a � Z �C Cn H• Cn Q }+ .- rt (D Cn b (D C w ti rt p w Ui c r q c r �O n E ' OPV i O m v,rr r+H• (DH., C H• H ,p y(n ID, sr n- �S H.aL ti- o 0 o on N fD CD �n (CD4 fD x `J r nE (D (D p' a� (D (D � c CD � CJ (D n t� m F (D H•,� H- t (a o (D Cn lD sr (D n in N (D (D Go.I�• O ri F�. Q. CD H H• ti n o n= W H• P. H•` �d Cn n- E 3 ,, C � y U) Q �7 Win. CD S 11 (D � i a 1 0,5 H. 5L ;d til (n (D '(D (D W � �• tiRD'(p F- a W� N H H• a n n H• 0- n n rt W H v N I-� Cn H a F--' H• m r tj • n W Cn Z(D Crd (D W H n H (D (D (D o (D m a o m U1 in t7 W H• ri ri t) t7 `C rl O r•i ri H m W W H• H• �"'i H• W H•- CD Z ri r i H F- 0 H O P- (D O P� (D PL A, y' c, H Cn Wt I tl K H. (A 07 N - H• H• H• a d Oo .. t7 r, •. a W Oo w % : ®a (D o H• rr W a, H ON V - CY ct • (D- w �I ` C;I\`ry _r_ td H t7 N y '' .3` 4 V 00 F•, - 00 F' N O 1 005 70 M (CO) CO w H N 1- 00 I O W (D O'\ �C W rn H d I'O I 1 rn H• C H C1 H t7 I -i C) m O y O m p ILI E6 m W p - W O O N"' (D bo a O n N O\ N N 1-1N _I -r--w ami .I- W I H• 1 00 4- \.O ON a o I_ O vi N I Oti N P H• O'\ N W O1 \_0 H00 W 00 w 00 WLAJ f__3' m » o CD x_ m UN 4:1 VI o' W lJl 00 - y I d, 00 N I N I N I N A 0 rn m - g 3 N Ib H �N. WW1 N N• -: N` (D 3(D 0 m 0 W N r1 C W r:- (D fD R). (D m aya p(D m e. w'� waow'v-dfD31 O!Z -� (D S awn (D =rvpp.$oa N Q CD a C OUim �'N0 - y a� '«cN_�o� .. C7 ..,. -- ,. _D T O jjC Ny0 D y °'. 0. mm:3 i -N O,y(nA N "ff'C j' W N N y(D -fD C O b N C 61 O N 'rjo 0 W .. Sd 0 -4 OCD CL (4 I -Zv3NQv � mom _ o No�3a�N ��n 0/ �� - y ==X v8FD07y 000DONS n Y .. s. 0(p_ an �mm " Dlm3 o. NCom �77 C N d 0OJ o�7mW� wv 3Q 'o.3m ID <d�fDX°�, m� O O: •gyp 7 W O a Cr fD�D QU =•Oy CD gIOD 0 > QO O. .. -n 0 Oin 3 a� .00 CD A 3 CI di 333 ? 0 0 ID 7 N 3 NOCD :3 3 -, v; •2 m o - m � R.0ma�3 w v CO CD CL, 2X. 3 moWCD cD=o3 p m m moo- m N n - N . T m m CL. a to 0. s k' m For Accountable Mail;. m 01 A W -+, O CO OD �I U1^ A W N cD M n �1Zj a Q .. d Z03 _ \ (D m - W4 w �{> v CL v<)vo °° Z 9 3� m m CD Y O D N N p I-- M vi -j Kc W cn 13� CO M (D (n "' un W �Q, � �LT1�• `v rt' � z N o _ N C ro n m b _ by 11-* (D CJ) sr (�D F -j, N t -j x o W b n C.) CD cL co U) cn Q' <D W _. rr f"1 H_ LTJ C c'r a F_ W U] CJS O ED H- (D Iv (D W Sv ri `D _ r F-, �n cn x � m � �w 11--��II A H_.S aR•F�,. (D �, W (D Q � y.� � ~_ (D H. H C3L CO O W 03 N n .. _ � m LO L � �n 01\ O t� N m N' a aCD� N iom c4 m V 1 rn 0 m 03� W X � , CD -ME LQ v y N . (D m (o ID a m Kam a p � D m A', a a?. Hi`G _. (D co O - (no) -,,, ,. T 7J C7 vD0m3omc wvv�ooa w v_3 Iwo mto m Kw.wammm O= _. _. w c Na - �.0w N N n o _ .D oma T N Q. 0. a3 CD <w inc � w � CDo5 m%23m (rV Cr- V) w <p c 6_ O'j NN 7 OSa O .. - ICDA °' dc�3�o�D�' . 3d���ma co w a o y�cc��i3 +� 3v c y �DICD �.m to n3..x -(D o30Na . a 0, � ons c OOCD a �moa w�DF ' p tD.�' (D � W p ? N (D ow wmmw m `` 7 w N -- °'(0 qi a0 -SN 7 w (p 70 N' DNw N m � (D Ci3 C N Q O a ` O w 0 , CD (1) fp N CO� CD - a -n 930030.6, 3 _.o .c ww 333 CDL 'cDw m2 doIQ _ e d.o3 ma� w� ` 33 m ��a�cx a m 3 Q g 3 3 C v Z 3 w=o .n . 3 =X C N N •D " (D :. Cl. c [D 7.j _ f N 0 3 CD a Cr K l�D N 7 O W d O r3•F A 3 For Accountable Mail ., Ah r =q 1 1 _. l r O Z Doi N ° m � W -+ O cO CO -I (X Ln A W N ev v N k N. N N �� =�3 CDzt z (�CL D r / 6 � 1.k U t7 �• v O 4. lam' - m o N W W N W WnWtb W:C1 Wib�rdN'idNt�-'(/� WC�1H ,Z m m 00 O Ow �O -' SIS OH•OH-Ow 00• Ooh fort dlH O Pi 11 <z '01 Ul Q NIi X1;7 OOO (7w W1< -4--n ',7 W 0 `►Y Nrta) Wrt0• u, 1 Q CDC lO O O Ol w N kC OD f -I ,P w ,A w OD w m r t H• Lr' d sv W rt m tai r LQ H U o N 3 / -: (D > > >m > >n >K ro0 >� tzjn I= o M Cm ° r. 0 I; m I= 0 0 rz w x C: H � 59 y W C/-;Ya, I✓ rt I✓ rt rtwrt sr rt rt rtHrt, rt n rtm H'Wmrt (Dh o m s✓ t✓ w C s✓ >~ G G w >✓ (') !✓ d H tr s✓ � (D w U) C n w C CD N w I -n • 0 � >✓ w- a n O H sp rt a �3 m rcn �Z "c m w w • m s?Q 20 (1 90 O m - Z (D N I I ::E: v > 3 0 L (Z O m P) w 0)N0) ZE wnI*< wt-'wtd0C4W-�:S (D 11 w 'C 4 11C 7a'H3 O (D (D Enn rt rt < o - 3 Nrt Oz (D In�n�nw a 3 3 (D 3 C1 m 303 m Q m 3 m H 31✓ (DW3w3 H m m rt m <H- m 0 m a x rtw - H- a tr (D rt m H, 17D3 y �i �i n n nwm H-nn3n mn 3m w rto H• H•'•C H• W H• E3 M m pI C H. • W> t7f W m C tz 3 w O Cp !Z aDi W ti H m R. • � x �+ • � O m H- H. H- H- 0 SD H- �'� rt tr o w w w :7�:SH• OZW w mH mO M(D-0H w N G- w Qj a N H H (} H rt G H U) w o m H H H H H a• R+ w �+rt (I H �3' O 10 y ��❑Da w O w n sZr - Zth `,3' H 2) (D b7 0 0 5 CD Om -N w O m O "C O -' O OD O L -a p 51. N �. O O O O O �': ► w O w H. O CD Q m O OO OD OO 'U 00 m m m N cap W 00 • OD - OO CO W , SL W W w W - O w m � m (D �- p rn W W W W W ON 0 00 Ow am SIA m N N N f h N W -' H v �M_ XO EF o CD N N m "'N N - o N .P N trh m °w Mal, CD Ij O H CO W CD R wN -. CD CD -aFA, 0 m S 7'O -low=1C W 0 - waowc�'i,wCD, C77 ovCD O n2 DOM 0 N O d N O N— (, I S CL a CD :3 - CD a:) _� _�(2. o 7 N _ m N '0 ,MANN N o 0NmyNDo �rymm NN N N N. N QCN 13- 7�...c (D Ul m� C m Z :0, St �m 8' O c Cr W m row omv�w m 0- C� m �mKD N 7C O No3.�m r. N aC D< E •- N S& O N D. m v7cvN�ww 2 P m°°7'3ON-3 p aC' 'd 3a c N ]7��NO �. CCD 0CA y a' -.X Op.y.. dnap 7w 'ONNN 7 �3c�N- ON 7 p� m > wI 1 wCD3 5 X- OO"O m CA7,77 O jb OS 7.3 N T X N 6J -p n 7 Q N �. fD N wm Tw w Ivo' aQ7 me m mom �CAmNmD1 m c TCA (D (D 3°1Cp QO NO. m X. m °. CD p -~ N C 7ID C) a ww"'-733 <D w ?0 7 3 w mCD 7 s O I..., m 3 N ON N d.o 3 <m�ww 7J CD b WNa0Cx m0 o CD w m m a p d w'o=?73 5-n S7.mmwwa m :7 w 7 7 X C N m ac��m3 CD > M. 170 0. 3 m m.•c N For Accountable Mail � a z .n w Ul P W co co v. (n P 3 Z cr ^—fa aC3 V IDo .��3� Hwy Z — VVN pix h Q cr A m9 N W W W W W N u N z N �d N::E W p7 W cn N N 0 N cn K 00 CD O Oro %00 %D FJ 1,00 000) —FJ, — ODO OD 1-1 %-0(D W(D lO P 0)K 0- Pi -+.'3 JG V,0 N O, W 0 Ln (D -JE \-O (D NK a 3 O -.1 (D -' 0 '.1 W K %.0G Ln W -_ v (D (D W -4 K tri W 4-1 (D OD K (D N W K W O K G 'C Z y° W TD N G G UI G a G G G G G 'i3 G t7 3 o W K rt 52, rt > rt rt rt rt rt rt' K rt • o p m N n G G r(• rt • • $ G a W G K G rt G 2cGn G G G w 0 G W tr G (i C W UI N tc G W 5 E(n y, N K O rl E CO Z O E K G G W I - J- (D E tt E W 2� E rt O ::E: (D Q O W W W£ 0 O :E:Q W W 0 W Wn W (D O rt W,N E W w '•c 1< (D E W g W (D ''C "C "C G' C ' C O 'C K a (D 1•C 0K (D K0 W p W W' C K 0 cD m (n w n(DWEn3:O''C G 3 W 'CG 3 3G3K3 3(nd 3K 3 K a (D W (D *C K 3 (D N (D M O N (D (D W w 8' v K x K (D 3 3 (D K K (n K 0 K K G K F'' G K a o m ris(G F' H'' 3 (D N Qc K N• • 3 0 0 a OA (D K K FJ- a (I • (D �L 3 - (D N. N. K N• H N• Pi • F • N• 2 N .. N.. FJ. N. p O KW W N• a (D S L W r• W W N °W W W 3 WEn H- O H G G (Z F W G W G WG (D G- G G O (D G R a K a O H- W U1 G W 0 W - K, . F, . tj n c m N (D W W G O K O (n K (D N W W (D H H H:C H O H H N H ri H N �a n G O u 0, a H - H CZG O,G O,N aN O, P- (D Qj 3 W W H OJ aW W W W W W W W K W WpN m m W G' ���� �0,q.g (D W 0 O a W :3 O O 0 En 0 (D 0 -r O CL Q fL K W O OWO G O ° mm ° �o W N• (D OD W G 0o w co co to 0o H K co o C- M � �+ K W W O co OD W OD W W W W (D W. Pi C3 W M 03 m N `mac W ."S O W N W kIh W �P (D N N N N N O N N q c '. W K N Ol N N NK o 1.0 w0ci9 0 M ,� ,p OD m g w m ?.m am N N P m 0 CD nmogyo-4 - N - D a7ino.�'.u�i0I QS ogc =31 C7 00-0a 0) CL `2 � N p °o3ymv�`m' p �N,�n�mv cow Q 0 -0 �R M �mCNID _. .D'D N CL -0 9 N O�Ny� 70 �^ N �•� m y 3�c"ma ro' m m 36nCNm Z3 C 7 C A7 N C,)2W j 4 0 _ N N C 0 Q n.0 W NOON �O m 0 O z�`O3�moc Ey p C,wmg3=m N a ° C 0 0 � O. wzva�Qm 3vXSma a3 om32D p aux m 3 n �� n y mcoo,o�m ON O y 7OQ Om .,<' �mm n 0� 5�3�caCD 0 0 co. m O ^•? R 3 m nw -a n > N w. m o m sD m m O W 7 NCD Q� 3 • CD CD O O W N cn m aN<DN N3 ;FO N m cr -n (n 7mXm „Nw. N O Nn o° gam n �3o3�i$ m n� wm-o33 m2 b tr] oo°ID W W > 0 mm �Dm K W =�o3 G N <mKam Dy mmaa23 m 3 K co CIO, . w. 0 m x- UI v0_O�3 � m m. 7 X C W N 'a -9m3 CD C 0 7 7 For Accountable Mail U) rr w (n � W 1_ O <O 00 -4 0)Ln ? W N j. � O Z m T m N pn 3 N Nr \ \ oWo�. t- w w � W t (� `�° a ZD ryQ w AN mm m � Co J z s U� p��4 �rV tiID A o N w 00` 00 P0-1 ro ai�Nxro1.0m0 rJw"WN)Z'Nt Ij e c'Z J ID Sv -s'0 • N N W 00 0 • 02 J 01 N W O H %D (D -1 H a 3 w it In Ln O 5 Ln :3 O 0 1.1 Ln Cr O t✓ Ui C N LQ to 0 W M rn it cn 0 w Q ID 0 H• (D ::% Ln (D • H• O O C N O Z (D > trJ En H Ul (n w N E (D W 'W .�U pJ w ° l?7 W (D W O C M W s2o m (n t� K 3 trJ to ► S m ' w v ! F-- 0 0,:5 - • O �(n�ro• a 0 r CL I m '-Ix• �c ua>� s��c x�• o w w r• Q e m N W `,3 fi (D ►-r O 3 W UI n n 3 s20 H• ,3 H 0 O 0 Cn (D X N 0- - Z 00 0 0 0 LQ w to In �3 LQ 00 sp W 0 N O ti . rt H %�D (n CA'o o 00 0 ::s'0 H- rt O rt w F • (D P -w C Fl -10 C sr m 0 -4 H. 0 a H• �I 0 O t7 1< (D (n H (n .A i (D rt (D' w Ci (D (D (D (D N • (D 0 O (t �j (DM Ct f2o C (D 1.0 a (D rt C W C E rt H 17 11 N ti �i H (D rt (D (n t' H• ZQw 3 y U1 i i (D a O 0 H• 0 (D t-+ (D 0 W (D G r o iL Q� C (D 0 0 = (n H W. IM f a n (D' H E O �i 3 ro H• nI�C h : 11: o o m H• lD lD C � , , ft ' H- O rt M H. (D (D rt 33:H• ,. 3 H Sv ►i (D UI SL A� (n ,p �3 117 90 (n M w (D t7 O C x C7 C m H ti .. (D ti ti (D H• t•i h 0 (D w tI (D a lD H (D H a n -• H. n ,�% H - CD A �• H H H (] H• N H• S17 N' N, (D U) (D (D a 0 F' (D • a�C a• a O a ii" K m t-' (n a P. D) '-v H- U1 SL b7 3 H 3 H -@ �fl p (n to H w a,' w O (D O' (D a (D a � H A� A :j • O :3 K 0 H H• i H• t•i H• m p y m wD n 200 H a M H ac (n H• W H• 0) MOS N'm 0 a - 00 . P) (D a a a cu <a JID p1 0` �l H N W H ti H• W �' H H ° otq .� H aP) 01 aaa J O 0) H O 07` a tv 00 0) (D �S H , p a H M 03 00 a)�' O (D O ,, w p�,;3 A� o X m £ W P O L< H d> ;3' H O H .13" m W N 00 _ 00 a 0 a a 0 n vNc0 C) O Ci 00 W W ¢1 • N pi 00 P) m ° y m t - O w O rn' O w -n Nom, a CD M w CD a °' w N 00 1. O 00 NCD JP =c�nw 0 mp° mccrc d1 O1 M ow ElEls - ww 0 a O° °- ,p N 'p N ktlb N w n m S m p 0 v3�w0 CD 3 x my rt > >mv.� (nm ,ZcID - o a a� 9 0�.wN0=0 _D .,,» N.mw O y ID N w 7 m C = Q C-� O w 0 � := _ O " A 3�m 03=� • <3 7C O Q. D b am �• N�CC0c7 � ^m toil x 9cn §".z U. w OONCO] 4l . .. 0p� ox OdM 00 zacu 3- 3 2 c a . o o. 00a m m owq6m 4yAK °.w< ic_ 7R m Osb o- 10m M m m D' ...ICIr N CD (D -. N-�� N NiN •. '1. t.. TCO tJ to m mO =: x 0) mp w 0.� m ORI'D a W ro� �m�033 m m :Oamw oo-m0_ ti�Q w'o3(D cn��m2 To tt w3Q»3 m . 0 3U7 mwmo`c U0 =0=3 y CD- w mm=wn rn T m >=xcm C »o e. m 3 0 W Go CD 6 C SU A 0 3 c Cr 0 n O 3 M prQ f 3 O W d M T •N For Accountable Mail E7 -i-+ -+ -+ j ` C O Z w o OD -1 O U" •P W N -+ m- N a C V CL 2 sp CD \• =;0 O.O j C CD Cr(D C� lJ O �\ V �O N 0) rd "� .a � l0 � C OtC N W N ri Ln 1 3 OD Z OO • • 3 a -0 O • N 0 ED rtiC `G' `•z.' CD U) W 1-'tIJ F- F- a 00 (n cn Cn Ul m rt O :4 f -h rt rt N C -0 3 m (D T (D w W En rr rt- 3 -0 0 H d 3 rl o CD Rj U) h (D (D CI� O (D fL 1Z tU a CD i F -j- P- Z m (H,, FS m 0 : O (D K . . H H R, V) CD = a @ °- m a % OD n,' a w : Q CD o l0 O 00 OD W xa6m CD p OD W Q y' - K E CO m, ccpD H. W Ol �P o O= (D CD KO = N _n o m m o m O-WbmNO mom= 11Elm 3 m0° W �m wo�oZ3pOm N ° 7S to S 0T DwCm-CDD'n y Q� _D S C! C G N G (n �C -N wmU) n.0 O' N N N Cb C �a _Q -O3 , i3v oc n m cZ,° y$3M.N m Q N 0 3- 0 0 w� C O O N SU <D � _. Z) (D O. v'w om (D-a)3oo° coo3 O D � �,am� _w 3-o _.CD3_. 0 � m n� u1 °-4x N P1 j N o` o I'p_ D OCD 7 R1 S71 ° m -' m 3 ° o C,= CL x -o m m013"2a,m C-0 m,.3 w_ o °w�`DM m� � oo�. CWT 31"R 01 m� m coy ecnwCD _mm°w m�ca m� N o'oa' m� N 5.2�3Q1 ocom 3 3.0 3. c &D � -c7 (n �°w�o33 m 2 jo'm�° � � 3 3° v c o I 3 lnwawcx. m -05; C CD 3 O m �'mmm'ay T x c w N �C 0. 3 N N `C 101 9 CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 APPLICATION FOR ANNEXATION AND ZONING OR REZONE Commercial Development PROPOSED NAME OF SUBDIVISION: Chevron C -Store, McDonalds & Hotel 603 S. Eagle Rd./Northwest corner of Eagle Road & GENERAL LOCATION: MagieV4e�rive TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL) ACRES OF LAND IN PROPOSED ANNEXATION: PRESENT LAND USE: Vacant PROPOSED LAND USE: Commercial PRESENT ZONING DISTRICT: RT Zone (County) Commercial'Use 4.13 (179,840 s.f.±) PROPOSED ZONING DISTRICT: C -G Zone (City) APPLICANT: Eagle Partners LLC, c/o Stephen Brown PHONE:. 345-7832 ADDRESS: P. 0. Box 388, Boise, ID 83701 ENGINEER, SURVEYOR, OR PLANNER: BRS Architects PHONE:336-8370 ADDRESS: 1087 W. River, Suite 160, Boise, ID 83702' OWNER(S) OF RECORD: Eagle Partners, LLC ADDRESS: P. 0. Box 388, Boise, ID 83701 HONE: 34 5-7832 *inat!ure of Applicant 0 ATTACHMENTS TO ANNEXATION AND REZONE APPLICATION 1. Applicant: Eagle Partners, L.L.C. c/o Stephen Brown Ellis, Brown & Sheils P. O. Box 388 Boise, ID 83701 (208) 345-7832 2. Owners: Eagle Partners, L.L.C. c/o Stephen Brown Ellis, Brown & Sheils P. O. Box 388 Boise, ID 83701 (208) 345-7832 (Warranty Deed attached) 3. Notarized request (attached) - Stephen Brown 4. Legal Description (attached) 5. Present Land Use: Vacant 6. Proposed Land Use: Commercial. 7. Present Zoning District: County -RT 8. Proposed Zoning District: City C -G 9. See cover letter. 10. See cover letter. 11. See cover letter. 12. Site map, Scale: 1" = 100' (attached) 13. 30 copies vicinity map (included with application.) 14. List of mailing addresses (attached) 15. Application fee: check (attached) 16. Affidavit for posting; signed by applicant (attached) 17. Affidavit re: Accuracy of Application; signed by applicant (attached) � - -tiv �� ♦ r r _ 7.a ' ..• ,.t r t' r Z•'i4� �Y 'i.� r+�` r��;:d rn t ARCHITECTS BRSArchitects, A.I.A. V.j, f rI 1087 West River Street, Suite 160 Boise, Idaho 83702 Telephone 208 336-8370Xz Fax 208 336.8380 Fe 1 •^�� r Ci �r' �7t�� } 'r -F {rs t �� ' _-....tli:4\r..Y r .r. �. afi .L+ r'�. �'... '..., ii �'1�. ,. _,,.. r.•�. City t�ofi; Mei 33: E"`�"`Idahi Meridian;.: � s Re } nnex� duTed hear: �iDecemb'er�'3�( r .r.?:� {lF j, 2 .rjrr`. if rt(r i'g 4)L 4i. `•'`x �s'--� =,itt t ' � ''. .r• � k yft }7z ty'• r `f.'t. 1. i t'Y` . a E } 1 -� 1• � krf hr t ly •.. /'tt` yr'�1{ ; ,� � S. rj ,l 3.pk."ta''ti1 i+• JS>•rt `'+\'4 ' '.'' ''�:, j �: '+ - �V �'. 4Cl,i wC> 1�S ek 4(' rTtil ta� *'J1 }.�� `� St1 •` S -y; ;Si M i-'fr'��L.11 „�:`•�•• r LSN\ r 'y,�rlf� �• t. i+y 7 f _ -a t ttiy' }}i. K,S 'T� i /V j rs X S ,r.@• - -; 1 Y.(t��i. xpY fYt'" � v fp4 "� 4 -•t k '� � t aL .,.: .r C' �y j .a rF .4 t ( l+ j,•r r j^^lt r��c .��t.. C� •,t` y, t ..� ,1t=S 11 �Gk,4 �JrfJ •v.. i 4 t k+^. rr.+ii ��'[};E �a r. � ��,'`?� , i { t ; �� t j �-cw•-s3 �+L, �.%:! *r� T a4rTj �.. . � ( r� i. F'•'=' � s '� r T; µn"d rF ry, .t . "' at�r f.dt i i+'�' ��� t n;•a �. > rs� �^ � � "', `�' a „' .� •Fa -r' �4;yGcr !t 1, - * � Jer E.c .r ? S F f ✓' r S � � 2� .3: {i 4'.-• Fal .-ki ':.•h -.r 13; + r4 r a. t� t `4 1 y r, { f4 rwz 1 � Y��s..•^ �>F;December .30,E 1997::, +y� '` F �' 41 •� � jt 7` � k } N ttiyi} l�M+i � % Y 1. a;C, ..1 �.V r t }I J� u T ♦r •,' � f 4F^1-•b1� . r 'L't: '� ef'� �+�y:,rt r ba j;i3,•J,.���vF r✓ b .1�; Gl '!° `'r .+1, �-_:FI:' t�.; '.^`rid... ,- t r ;.. t.. �`e, ,,.�":si3^r .t1. I• '�' ,: r-.a?t� "i,rty ..._y—i r 7 u WA I �;j . - ". ... j w', F, ell. 11 ARCHITECTS N� ty. BRS Architects, A.I.A. V4.2 Y, -�IT 4, 1087 West River Street, Suite 160 Y. 7,L, - V. .1". P Boise, Idaho 83702 j: Telephone 208 336-8370 -1. L; " C " ..,; , *,4r. "�P 4i�; Fax 208 336-8380 I-V 7L I 7 f_,w Iio Um L U; I 44 �,Y_ -S. ij 1, V, -.4.. %I- F N*1 _F,�,Zl'os- C ...... X, ityll"b !?-M . . � .�* , . ; ." n� A i, 4,4�. , liM A,, 3 m 4", erddian.,,�, S, -T" t 5'h,.-.-(Cdii,nty'iRT-�,t6-:-,-Ci�t�.-.'C-�!G)' !Annexd.tion,�',,An0 'Rezone: APP -TIC -1 A(. C �Tv View,.�SubdIVislon-cll, 06 if t -Z `W& pos mo j �'%de—§cFib 66_,',�sproper -.:-�bbf ore-�:'­'th,&X dc...,,'.�:h6didng;�, _Publ� a' s ;requ irdd ... - . __ , . - 4_-�_l 0. A ..... �j 4, � it -,66rtj -f ;-,;tIffal�' -We,!-haVe,,- -t J -of, sk'dAd-t he',,'con erits�� !,t ls,applicatrqft,�and� -cc -,thd �: , Xare,, rue iiazid...,torredt. fit'O-rits', i� 4�!, Z," �!I­ Mi 4t A Z A S Z 7- S,� s t de P h e 61 ownitf % 0 F _cw.k 6; x Y7 4 vi Me , , "I- I �,%3 -AZ X k,. —N—1 �w 3 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss COUNTY OF ADA ) I, Eagle Partners c/o Stephen Brown, ,P.. 0., Box 388 (name) (address) Boise, ID being first duly sworn"upon (city) (state). oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to BRS Architects 1,087 W. River ­.St., Suite 160 Boise ID (name) (address) to submit the accompanying application pertaining to that property. City of .2. I agree to indemnify, defend and hold :Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this / 0 day SUBSCRIBED AND SWORN to before me the day and year first above written. Notary Public for Idaho Residing at My Commission Expires: //-aa-�)9 IL s PLDR•'AOD 5192 When recorded, return to: Eagle Partners, L.L.P. c/o Stephen Brown Ellis, Brown & Shiels P.O. Box 388 Boise, Idaho 83701 ?703`063 .._ OF ALLIANCE TITLE '97 MY I��1. , 38 FEE RECO OF a: WARRANTY DEED t This Warranty Deed`is made this day, of April, 1997, between Gerald W. Marlin and Deloris B. Marlin, husband and wife, herein referred to as "Grantors, " and Eagle Partners, L.L.C., an Idaho limited liability company, herein referred to as "Grantee," witnesseth: That Grantors, for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt_ whereof is hereby acknowledged, has granted, bargained, and sold, and does, by these presents, grant bargain, sell, convey, and confirm unto Grantee and, its successors and assigns forever, all of the following described real estate situated in the County of Ada, State of Idaho: A portion of the Lot 1 Amended Magic View °Subdivision according to the official plat thereof filed in Book 52 of Plats' at Pages 4445 and 4446, records of Ada County, Idaho., more particularly described on Schedule I attached and incorporated herein by this reference. Together with all and singular the tenements, hereditaments, and -appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all estate, right, title, and interest in and to the property, as well in law as in equity subject to easements and encumberances appearing -of record or on the ground. , To have and to hold, all and singular the above-described premises together with the appurtenances unto Grantee and its successors and assigns forever. And Grantors and their heirs and assigns shall and will, subject to the terms of `this instrument, warrant and by these presents forever defend the premises in the quiet and peaceable possession of Grantee, its successors and assigns against Grantors and their heirs and assigns and .against all and every person or persons whomsoever, lawfully claiming the same. WARRANTY DEED - Page 1 MM&C # 5871.02 April 29, 1997 I 1� x EXECUTED the day and year first above written. s Gerald W. Marlin Deloris B. Marlin STATE OF_ ss. County of On this day of ! , 1997, before me, the undersigned, a Notary Public in and for said state, personally appeared Gerald W. Marlin and Deloris B. Marlin, known or identified to me to be the persons whose names are subscribed to the within, instrument, and acknowledged_ to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set. my.hand and affixed,my official seal the day and year in this certificate fust above, written- r ARY PUBLIC forl4do 0 6' Residing My commission expires: i OFFICIAL SEAL KAREN KRAUTER NftyPOIC-State 01Artmlr MAFUCOPA COUNTY My Comm. Expires May 16, 20M r DEC -11-1997 14:35 BRS ARCHITECTS 208,336 8360 I P.02/02 ANNEXATION PARCEL DESCRIPTION J i A PARCEL OF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTION 17, T.3N., R.lE., BOISE MERIDIAN; INCLUDING LOT 1, AS SHOWN ON "AMENDED MAGIC VIEW SUBDIVISION", ADA COUNTY, IDAHO; AND INCLUDING THE LAND BETWEEN SAID LOT 1 AND THE EASTWARDLY EXTENSION OF THE NORTHERLY AND SOUTHERLY LINES OF SAID LOT 1, TO THE EASTERLY LINE OF SECTION 17; INCLUDING LAND CURRENTLY PART OF THE ROAD RIGHT OF WAYS FOR EAGLE ROAD AND MAGIC VIEW DRIVE. COMMENCING AT THE EAST QUARTER CORNER OF SECTION 17, T.3N., RAE., BOISE ,MERIDIAN, ADA COUNTY, IDAHO; THENCE, NORTH 000-22'-57.7" WEST, A DISTANCE OF 1326.59. FEET, TO THE NORTH SIXTEENTH CORNER COMMON TO SECTIONS 17 & 16, THE POINT OF BEGINNING; THENCE, NORTH 890-58'-29.7" WEST, A DISTANCE OF 391.41 FEET, THE LAST 351.41 FEET BEING ALONG THE SOUTHERLY LINE OF "GREENHILL ESTATES NO. 3", TO THE EASTERLY LINE OF LOT 2, "AMENDED MAGIC'VIEW SUBDIVISION"; THENCE, SOUTH 000-07'-49.7" EAST, ALONG THE EASTERLY LINE OF SAID LOT 2, A DISTANCE OF 579.31 FEET, TO THE CENTERLINE OF MAGIC VIEW DRIVE; THENCE, NORTH 890-37'-02" EAST, ALONG THE CENTERLINE OF MAGIC VIEW DRIVE, A DISTANCE OF 393.95 FEET, TO THE EASTERLY LINE OF SECTION 17; THENCE, NORTH 000-22'-57.7" WEST, ALONG THE EASTERLY LINE OF SECTION 17, A DISTANCE OF 576.52 FEET, TO THE POINT OF BEGINN ING, CONTAINING 226,933 SQUARE FEET, ( 5.2097 ACRES) MORE OR LESS. THIS DESCRIPTION IS BASED ENTIRELY ON "AMENDED MAGIC VIEW SUBDIVISION" ( RECORDERS PLAT ); BOOK 52 OF PLATS, PAGES 4445 & 4446; RECORDS OF ADA COUNTY IDAHO. KEITH A. LOVELESS, P.E./P.L.S. LOVELESS ENGINEERING 3330 GRACE STREET BOISE, IDAHO 83703 TOTAL P.02 DEC 11 '97 14:18 208 336 8380 PAGE.02 a `j �1 XYd 817311 721Y OH7OI 'Nt+IQR�W':� n 0170W � C70LI 9Y3Ti p � � cv mux OHM00 ',V'f �.L a NOINYI 11G3d1� "O� d I n u xael�t ton► isal / c IUP Q,GTtNOC OWNObAW#Ool Q _ M19F R ------------- ---------- - =� --- � == � �rz S� v R tu i ' 1? Ill�l 111 II I I I I � I 1' \ i � 111 g a a r --_i_--- s -a ------ ea ; I IIII, I E _ 1 J rrpl i ✓� I1 I I o '9 g 1 T 1 • It jl WW I q% p iii iii 1, ' FF B flit O �t ua � lie It � � �(r � Osla � ` EE r• $ }� � �_ a S E 3 L a� it rYY ps s rI E*e lie s HMEZIN zs Ill ! tta a aS Y 9 S 9 1; S1D�11H7HV or+cal 'nvlclxaw'anlao m9fns pvoa H�w3 a maa awnsq1k` C NOIM 11 '00 "d "I u13ATO timb un ♦ `� PUP S,C7 'N0CDW/NOb/\8N0 LLY� � tli NOlslnlaen� �81a1sa �71r�N��� / ' z a .lam NWnlnajL 1 I � 1 I } 1 1 f ---'------------------------- -------------� lN.+.11ee� rvouaclaal ,mc [ ' S mu�xaaaonm r-====_= _=________voca7rr+=mF—==--_ ___---= �`--- -----aay+xi�I,maaa..li-----------------,��i •� o 9 9 �- ��l i � i iii 1 I i I i I I I III ' 1 I f I �I O , I ��✓ �— II/I I O I ,IJP f m --- L� 1 I 9i9 i�l I 1 IT I I I T f `+ f i � f � I I II ITblc J J anlba m�ln �I�w I I w +e e�•cr•a u - w �Ro'wiM.wccyiwhn Irl JAOL $1J311H�iIV IS IMAM • 1 6� t uoiun �jpaao .+amo�} oL49pi m it \ w 1 ,, P mal Widlua. w p—w 2 rw x1, Mme. of No I93y CNY-UbOd 7L 36VNd Q NOIlV�IOJil00 9Nia-lina I H;, -.,, 10 �99t ] F-'43a�' ] c< 6 k d E f t 11IN 1 OHY01 NV IGIaa. "-1 G— ova- aivva =-••+`^•�^ ANO 11 /ilOdal07-1'~'r raivMI arrv-I n Boz a Z-- Q d Y6 g s.a- NOGVht W swia�ina iici �10 3 ifd 9 c is� If • c TIT17 i u a m I I DRIVE Q O 1 16 8 7. .6 5 4 3 21 9 o AUTUMN 17 Id n� 9 16* 10 w II 15 16 i9 20 a - — 12 13 14 17 5 14 AUTUMN WA" ti 4 12 11 !0 9 8 7 6 i 4 g so• h -7 23 \. i i i 300 ft. 1 �Y tw UR1VE ! RT'-� f GEN _rRY WA' •� yam.: --- -- AV > B5 ICINI TY MAP, � V scale: 1 : 300 ft. 00 � 1� CITY OF M RIDIAN "Hub of Treasalley" 33 E. Idaho Meridian, Idaho 83642 888-4433 Customer's Order No. Date 1 Name C Address D7 w . ' 1t/a S .lO SF 'MO -2— Phone: 33(o -- 37 SOLD BY eD CASH- C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT �U /o 22 E S� 7r N V / 1 i L C7 , APP,fv ts., ZOO 11 0 I 4a 50 Ckf-T' r m u n1 65 X .lob 140 7 I Oa BRS ARCHITECTS 1087, W. RIVER, STE. 160 PH. 208-336-8370° I I BOISE, ID 83702 I I DATE. December I PAY TO THE ,. ORDER of City Of � Meri di an _ I $ **627 00** I I I **Six hundred twenty seven dollars and 00/100** DOLLARS,--------------- I I .tca ewe Capitol center off ONice I :. (�] v „ P.O. Box 2800 D�RJt♦]y,�iliT` Boise, ItlaYw 83701 t21.800.878-5391 -. BRS 9646 Annexation & Rezone App I ���-� /l/rl ' t I . I I All claims and returned goods MUST;be accompanied by this bill.:' " TAX 1 0008617 Receiva, ed TOTAL 27 GS -202-2 PRINTED IN U.S.A. Pxixre9 wirx Sa1(INK ���}y���i CCI�Bt,U , ts., , ("..f"'-. �.:+.-Y. '.� t+'i.S'`.. .w..v='+!�''eL'^i�".^. Vii.-Ts�'s.�' .�}'i. Yi4�-'a'_.i!,':�fi w'%�J R�v"YD5 'St,. ;�.v,t'1ac4t'fi�.f.'R"�>-iso-''I"'"":.�^r`....Y�"?.'`�a*.1`YF�'kiY','LE''"i'�}p•'igl� :;�'a'"i-K'A94S2di � �'...`,�'+.+W .'P _. 4a 10289.. BRS ARCHITECTS 1087, W. RIVER, STE. 160 PH. 208-336-8370° BOISE, ID 83702 92-155/1241 DATE. December 10.' 1997 PAY TO THE ,. ORDER of City Of � Meri di an _ I $ **627 00** **Six hundred twenty seven dollars and 00/100** DOLLARS,--------------- .tca ewe Capitol center off ONice :. (�] v „ P.O. Box 2800 D�RJt♦]y,�iliT` Boise, ItlaYw 83701 t21.800.878-5391 -. BRS 9646 Annexation & Rezone App ���-� /l/rl r.OR ----._----- -.-__._. _-----__--- II'010 28911' 1:1 2L. 101SSSi:01 i07S 2S 8110 3 DEC 08 '97 13:43 FR CIT0F MERIDIAN 208 887 4813 TO 8360 P.02/04 r G v� � /�� = �33y p►a�/rg �Cs' IP �c�fne¢s - s'0 rat/Ce-s x �° �� clog e - c lc f oma. "Parcel", "Owner", Ks'Ll3ibUl65 "Cntrctbuyr'`, "Ownaddl", CUBER CHARLES L JERRY A TRST "Ownadd2", "Ownadd3"; CUBER C L & J A CO -TRUSTEES "Ownadd4", "Ownlast", "Propadd" 3158 AUTUMN WAY MERIDIANI ID 836,12-6239 RS'79150U230 85791500225 IDAHO TRANSPORTATION BOARD ARTIACH JOSE M GLENDA HILDEBRANDT 1025 EMERALD ST, SUITE A BOISE ID 83704-8657 340 S EAGLE RD 390 S EAGLE RD R5791600210 RICHEY VIRGIL C ET UX 365 MONTVUE MERIDIAN ID 83642 S1116233802 ST LUKES REGIONAL MEDICAL CENTER LTD 190 E BANNOCK ST BolSE ID 83712-6241 0 N EAGLE RD 83273160270 BUTTERFIELD 1993 REV TRUST BUTTERFlELD D H & J L TRSTEES 2833 E. AUTUMN WAY MERIDIAN ID 83642-6236 83273160265 TAYLOR R DANIEL & ANGELA F 2865 AUTUMN WAY mERIDIAN ID 83642-6236 R3273160145 VAUGHN PATRICK B & JANEICE H 1026 PACIFIC GROVE IN APT #1 PACIFIC GROVE CA 93950-3863 2901 E AUTUMN WAY 83273160165 BRITTON RICHARD D & BETTY A 3038 AUTUMN WAY MERIDIAN ID 83642-6236 83273160170 KONOPACKY RICHARD C & LISA M 3044 AUTUMN WAY MERIDIAN ID 83642-6238 83273160180 DIAMOND BRYAN & SHERMAN BEVERLY D 3134 AUTUMN WAY MERIDIAN ID 83642-6239 83273160192 WILLIAMSON LLOYD J & LANA J 3182 AUTUMN WAY MERIDIAN ID 83642-6239 83273160155 MAZZI DONALD P 2976 AUTUMN WAY MERIDIAN ID 83642-6237 R3273160160 TODD GARY G & KATHLEEN ANN 3020 AUTUMN WAY MERIDIAN ID 83642-6238 R3273160175 HARTLEY TODD S & NANCY A 3050 AUTUMN WAY MERIDIAN ID 83642-6238 R3273160260 REED KENNETH W 2869 AUTUMN WAY MERIDIAN ID 83642-6236 R3273160150 FRISK TERRY L & BARBARA J 2928 AUTUMN WAY MERIDIAN ID 63642-6237 83273160202 GREENHILL ESTATES SUB. NO. 3 WATER CORP 2894 SPRINGWOOD DR MERIDIAN ID 83642-6262 0 EAGLE R3273160255 FOLEY HOWARD R & TERESA L 2875 AUTUMN SPAY MERIDIAN ID 83642-6236 83273160205 CHRISTENSEN SHERON G & COLLEEN C REVOCABLE TRUST 3157 AUTUMN WAY MERIDIAN ID 83642-6239 83273160210 WILLIAMS RICHARD C & CHEROL A 3133 AUTUMN WAY MERIDIAN ID 83642-6239 1 4 DEC 08 '97 13:43 FR CITY OF MERIDIAN R3273160250 NIELSEN WADE C & SHANNON C 2881 AUTUMN WAY MERIDIAN ID 83642-6236 83273160245 BROWN ROBERT P & PHYLLIS H 2927 AUTUMN WAY MERIDIAN ID 83642-6237 83273160240 SEGER RICHARD S JR & MARTHA K 2951 AUTUMN WAY MERIDIAN ID 83642-6237 R3213160235 CHALFANT DONALD H AND ATAMAN JANA L 2915 E AUTUMN WAY MERIDIAN ID 83642-6237 R3273160230 NIELSON DENNIS E & JOAN M 3019 E AUTUMN WAY MERIDIAN ID 83642-6238 R3273160225 HOREL CHARLES D & MARY KAY 3043 E AUTUMN WAY MERIDIAN ID 83642-6238 R3273160220 BOWWN MARK A & ANN T 3067 AUTUMN WAY MERIDIAN ID 83642-6238 R3273160215 TRUAX RODNEY D & KRIS A 3091 AUTUMN WAY MERIDIAN ID 83642-6238 R3273160195 GREENHILL ESTATES SUB NO 3 WATER CORP 3137 SPRINGWOOD BOISE ID 83642 0 EAGLE R5443010060 LOREE PAUL M & MARGARET E 2510 MAGIC VIEW CIR MERIDIAN ID 83642-6242 R5443010040 HOWELL RICHARD D & JUNE 2750 MAGIC VIEW DR MERIDIAN ID 83642-6244 t 208 88? 4813 TO 3368380 P.03iO4 R5443010050 POPP BEULAH 0 2662 E MAGIC VIEW DR MERIDIAN ID 83642-6243 R5443010030 HANKS HARVARD D & GENEVA J 2930 E MAGIC VIEW DR MERIDIAN ID 83642-6246 R5443010020 MOORE RICHARD L & BARBARA L 3050 E MAGIC VIEW DR MERIDIAN ID 83642-6247 R5443010012 EAGLE PARTNERS L L C 1221 SHORELINE LN, SUITE ¢#102 BOISE ID 83702 603 N EAGLE RD 85443010070 PEARCEY DAVID S & BETTE K 675 WELLS ST MERIDIAN ID 83642-6249 R5443010080 GIRDNER PAUL K & KAY C PO BOX 190749 BOISE ID 83719-0749 2727 E MAGIC VIEW DR R5443010090 BARNES ROBERT B & KATHLEEN E 2855 E'MAGIC VIEW DR MERIDIAN ID 83642-6245 85443010100 WORDEN RANDY JOSEPH & LINNEA ROSE 621 S ALLEN ST MERIDIAN ID 83642-6255 R5443010114 JACKSONS FOOD STORES INC PO BOX 488 3500 COMMERCIAL CT MERIDIAN ID 83680-0488 625 N EAGLE RD 85443010220 ROBINSON BONNIE J ANDY HAMBLEY JUDY A 715 S WELLS ST MERIDIAN ID 83642-6249 DEC 08~'97 13:43 FR CITYOFMERIDIRN 208 887 4813 TO 3368380 RS943U1U1LL POST JAMES A PO BOX 1290 OLDSMAR FL' 346'!'1-0023 0 N EAGLE RD 85443016234 R544301UZ4'Q WELLS DAVID W & n MAXXN ' 985 E FREEWAY DR MERIDIAN ID 83642-6258 0 E FREEWAY DR 85443010154 WARD GLENN JR & LOIS M 8'75 ALLEN ST MERIDIAN ID 83642-6255 R5443010133 OLSEN BRUCE & SHA.RYN AND MESSERSMITH INC 3139 E 3400 N TWIN FALLS ID 83301-0323 0 N EAGLE RD R5443010200 SUCKERT W.ANDA 911 S WELLS CIR MERIDIAN ID 83642-6253 R5443010210 MIDDLETON ROBERT L & VONA K 955 3 WELLS ST MERIDIAN ID 83642 R5443010170 85443010160 DRAPER WESLEY`A & ELMA R 942 S WELLS ST MERIDIAN ID 83642 0 S WELLS.,ST 85443010180 FUHRMAN JAMES A & °DIANE C 1737 E SUMMERFALLS DR MERIDIAN ID 83642-5580 0 S WELLS ST 85443010192 B & F ENTERPRISES 192 SUN BURST WAY BOISE ID 83709-0675 1151 S WELLS ST P.04104 xc>1c TnTAl PQnP Ad >taic E LOCATION OF PROPERTY OR PROJECT: JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON,.P/Z _. BYRON SMITH, P/Z KEITH BORUP, P2 —ROBERT CORRIE, MAYOR _RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C —CHARLIE MORROW, C/C _GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT ^_BUILDING DEPARTMENT - _FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY MERIDIAN SCHOOL DISTRICT OFFICIALS HUB OF TREASURE VALLEY COUNCIL MEMBERS i WILLIAM G. BERG, JR., City Clerk A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA I, JANICE L. , City Treasureri CITY SOF MERIDIAN C HARLES M. , GARY D. SM TIH, P E., City Engineer G LE R) BE TLEYEE BRUCE D. STUART, Water Works Supt. . 33 EAST IDAHO { 7 JOHN T. SHAWCROFT, Waste Water Supt. IDAHO POWER CO.(PRELIM & FINAL PLAT) r MERIDIAN DENNIS J. SUMMERS. Parks Supt. , IDAHO 83642 P & Z COMMISSION SHARI L. STILES, P & Z Administrator Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSOW Chairman KENNETH W. BOWERS, Fire Chief Public WorksBuilding Department (208) 887-2211 MALCOLM MACCOY W.L. 'BILL" GORDON, Police Chief Legal Department (208) 884-4252 -• KEITH BORUP MARK NELSONROBERT WAYNE G. CROOKSTON, JR., Attorney D. CORRIE __ BYRON SMITH i Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Wed dian# Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 6, 1998 TRANSMITTAL DATE: 142/17 /97 HEARING DATE: 1/13'/98 If;; , REQUEST: Annexation/Zonina of 4.13 acres to C -G LOCATION OF PROPERTY OR PROJECT: JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON,.P/Z _. BYRON SMITH, P/Z KEITH BORUP, P2 —ROBERT CORRIE, MAYOR _RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C —CHARLIE MORROW, C/C _GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT ^_BUILDING DEPARTMENT - _FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CI 1,TENGINEER ,,1 t _„ =CITY PLANNER -. k.• ,� C 0 E C 17 1i " I 997 Crff OF MEMO r MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ` ADA COUNTY HIGHWAY DISTRICT;., ADAPLANNING ASSOCIATION , 'CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT), —BUREAU.OF_RECLAMATION(PRELIM & FINAL PLAT) `-- CITY FILES - t OTHER: YOUR CONCISE REMARKS: f 7 _CI 1,TENGINEER ,,1 t _„ =CITY PLANNER -. k.• ,� C 0 E C 17 1i " I 997 Crff OF MEMO r S CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID' 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 a APPLICATION FOR ANNEXATION AND ZONING OR REZONE Commercial Development PROPOSED NAME OF SUBDIVISION: Chevron C -Store,- McDonalds & Hotel GENERAL LOCATION: 603 S. Eagle Rd. /Northwest corner of Eagle Road & MaglG rive TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): Commercial Use ACRES OF LAND IN PROPOSED ANNEXATION: . 4.13 (17 9 , 8 4 0 s . f . ± ) PRESENT LAND USE: vacant PROPOSED LAND USE: Commercial , PRESENT ZONING DISTRICT: RT Zone (County) PROPOSED ZONING DISTRICT: C -G Zone (City) APPLICANT: Eagle Partners LLC, c/o StephenBrown PHONE: 345-7832 ADDRESS: P. O. Box 388, Boise, ID 83701 ENGINEER, SURVEYOR, OR PLANNER: BRS Architects PHONE: 336-8370_ ADDRESS: 1087 W. River, Suite 160, Boise, ID 83702 OWNER(S) OF RECORD: Eagle Partners, LLC PHONE: 34 5-7832 ADDRESS: P. O. Box 388, Boise,, ID 83701 i nature of Applicant IAS l ', w s �� A_ ATTACHMENTS TO ANNEXATION AND REZONE APPLICATION 1. Applicant: Eagle Partners, L.L.C. c/o Stephen Brown Ellis, Brown & Sheils P. 0. Box 388 � Boise, ID 83701 (208) 345-7832 2. Owners: Eagle Partners, L.L.C. t# c/o Stephen Brown Ellis, Brown & Sheils P. 0. Box 388 Boise, ID 83701 (208) 345-7832 (Warranty Deed attached) 3. Notarized request (attached) - 8tephen`Brown 4. Legal Description (attached) 5. Present Land Use: Vacant 6. Proposed Land Use: Commercial. 7. Present Zoning,District: County -RT 8. -Proposed Zoning District: City C -G 9. See cover letter. ' 10. See cover letter. 11. Seercoverjetter. a 12. Site map, Scale: 111,.= 100' (attached) 13. 30 copies vicinity map (included with application.) 14. List of`°mailing addresses (attached) y'a 15. Application fee: check (attached) 16. Affidavit for posting; signed by applicant (attached) 17. Affidavit re: Accuracy of Application; signed by applicant (attached) i t ARCHITECTS BRS Architects, A.I.A. 1087 West River Street, Suite 160 Boise, Idaho 83702 Telephone 208 336-8370 Fax 208 336-8380 City of Meridian, 33 E. Idaho Meridian; ID 83642 Attn: Shari Stiles December 10, 1997 t Dear Ms: Stiles: Re: Annexation & Rezone Application Lot 1, Magic View Subdivision- BRS Project No. 9646 As per attached owner Authorization, we are requesting annexation and rezone of Lot 1, Magic View Subdivision by the City of Meridian. We are requesting ak'C-G zoning classification for the purpose of improving described property into a commercial development generally as indicated on the attached site plan to include a convenience store with food service, gasoline sales, car wash and a credit union building with drive -up banking. The characteristics`that make the zoning amendment desirable are the proximity to Eagle Road and adjacent commercial development. There is an existing -and growing need for this type of development in thatarea to provide services to surrounding commercial_, institutional and residential developmentand resulting vehicular traffic. We think that the annexation and rezone request is consistent with the planned commercial development for.the intersection of I-84 and" Eagle Roads and are hoping for a positive recommendation to the Planning and Zoning Commission. j BRS:cw cc:- Eagle Partners, L Request for Notice of Public Hearing Title of Matter notice is requested for: Name of person making request: Address to send notice: Dated: Signed: Received by City Clerk this day of , 19 By. lu RFc`qrvED N 0 V- 1 1998 CITY OF MERIDIAN d @ i MERIDIAN CITY COUNCIL MEETING:_ APPLICANT: _ ��W`'" ' AGENDA ITEM NUMBER: REQUEST: / ?i�.-� .�/�Yit. , AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: j MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEP-21-1999(TUE) 16:32 SPINK&BUTLER • Attorneys and Counselors at Law MidnaclT Spink 388.1092 JoAnn C. Butler 388.1093 VIA FACSIMILE Mayor & City Council Members City of Meridian 33 East Idaho Meridian, Idaho 83642 2083881001 0.602 607 N. 8th St., Sure 310 P. Q. Box 639 Baise,ld,,ho 83701 (20s) 368-1000 FAX (208) 388-1001 sblaiwOpnmener.com 13F"IvED September 21, 1999 SEP 2 1 1999 CITY OF MERIDIAN Re: Motion to Reconsider Decision and Order Granting in Part and Denying in Part Application for Modification of Conditional Use Permit Chevron-McDonalds/Eagle Road Our File No.: 496.14 Dear Mayor and Council: This letter constitutes a motion to the Council requesting the Council to move to reconsider its recent Decision and Order denying the 100 foot freeway pylon sign requested by Eagle Partners, LLC, the applicant in this matter.' The applicant understands that if the Council decides to reconsider its Decision and Order, the Council may also decide to schedule the matter for public hearing at a later date. We are asking the Council to reconsider its decision so that questions regarding procedure can be clarified. What the Council may not be aware of is that the applicant has, at various times, been instructed to apply for its sign approvals under the Sign Ordinance, made application and attended hearings only to be told, for the first time, at the hearings that a different process was to be used. This confusion started all the way back in January and February of 1999. In fact, this confusion may have started in connection with the original conditional use approval when two conflicting conditions of approval were created (conditions numbers 3.23 and 3.31)_ The applicant has consistently tried to flow with the City as it has attempted to decide the appropriate process, and decide what the conditions of approval referenced above mean. However, in doing so, we believe the applicant has been harmed by not having clear guidance as to the appropriate process. We believe that time taken now with the City Attorney prior to a 1 Dis motion is filed pursuant to Section 11 of the City Council Zoning, and Development Ordinance Policy and Procedure. We request that this matter be set on the Council's agenda for discussion this evening; pursuant to Scction 11. 1.2 of the Policy and Procedure Manual, as well as pursuant to Robert's Rules of Order. SEP 21 199 16:50 2083881001 PAGE.02 SEP-21-1999(TUE) 16:32 SPINK&BUTLER 2083881001 P.003' W& d38t Mayor & City Council Members 1 September 21, 1999 Page 2 reconsideration hearing to review the process will only help the City and the applicant. Our request is an attempt by the applicant to work with the City now rather than to jump immediately to having a third -parry decide the issues. The applicant and the City have been subjected to litigation from immediate neighbors. and the competing service station owner challenging the process of the conditional use approval and the annexation and zoning of the property. It is in the best interest of all parties that issues of process be simplified, rather than compounded. Funher, we believe That reconsideration is appropriate because the City appears not to have taken into account the applicant's statement at the last public hearing that it would lowerAts sign to be consistent with the height of signs in the vicinity and which have been previously approved by the City. This is clear from your Finding of Fact No. 25, which states that "... a lowering of the subject pylon sign request would not be consistent with ... the stated intentions and needs of the applicant." Clearly, the applicant has stated that the lowered sign would be consistent with its needs. It appears that the City arbitrarily concluded that lowering the sign height was contrary to the applicants' purpose. No findings were made supporting the dissimilar treatment given to this application, and the applications in the immediate area which have been approved as to height This applicant has spent more than three years in the process of developing a parcel adjacent to I-84 with a service station that would serve both Meridian residents and travelers on I-84 consistent with the goals and policies of the Comprehensive Plan and the Zoning Ordinance. As the Chairman of the Planning & Zoning Commission stated during the public hearing, it was' anticipated at the time of approval of the conditional use that the use was understood to be a I freeway oriented use with appropriate signage. We are respectfully asking the Council to reconsider its Decision and Order, hold a public hearing on the matter, and make a clear decision on whether the requested sign, at the lowered height, is appropriate. We believe that the City can only be further served by receiving and considering additional testimony on this matter. Sincerely, JoAnn C. Butler JCB:la cc: Steve Eddy Steve Brown George Kyler SEP 21 '99 16:50 SEP 21 '99 16:50 1 2083881001 PAGE.03 2083881001 PAGE.01 SEP-21-1999(TUE) 16:32 SPINK&BUTLER 2083881001 P.001 SPYNK & BUTLER 607 N. 8`' Street, Suite 310 C P.O. Box 639 Ir I Boise, Idaho 83701 208/388-1000 L-�o — ¢� J 208/388-1001 (fax) E-mail Address: sblaw(@Drimenet.com _ FAX COVER SKEET TO: Mayor & City Council Members 888-4218 Will Berg CC: Steve Eddy 345-7747 George Myler 503/624-4105 Steve Brown 345-9564 FROM: JoAnn C_ Butler DATE: September 21, 1999 TIME: 4:33 PM RE: Motion to Reconsider OUR FILE NO.: 496.14 MESSAGE: Please see the attached letter to the Mayor and City Council Members. Transmission is 3 page(s), including this cover sheet. Contact Lisa Arnold or Jackie Call -Hildebrand at (208) 388-1000 if the entire transmission is not rcccivod. Original will _X_ will not be sent via U.S. Mail. The information contained in this transmission is attorney privileged and confidential information which is intended only for the use of the individual or entity named above. If you have received this communication in error, please call the person and number named above. Colloct calls accepted. SEP 21 '99 16:50 2063681001 PAGE.01 r MERIDIAN CITY COUNCIL MEETING: OCTOBER 6 1998 APPLICANT: ITEM NUMBER: 4 1 'REQUEST: ORDINANCE #801 — ANNEXATION-& ZONING EAGLE PARTNERS AGENCY CITY CLERK: z CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS SEE ATTACHED ORDINANCE 0 All Materials presented at public meetings shall become property of the City of Meridian. n4t nq vr>i U-1 KaLL 11 CITY OF MERIDIAN ORDINANCE NO. 90 l AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST :FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED GENERAL RETAIL AND SERVICE COMMERCIAL (C -G); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES; RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of, said Property to -wit: A parcel of land situated in the Northeast quarter of Section 17 and the Southwest quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; and including Lot 1, as shown on "Amended Magic View Subdivision", Ada County, Idaho; and including the land between said Lot 1 and the Eastwardly extension of the Northerly and Southerly lines of said Lot 1, to the Easterly right of way of Eagle Road (aka., State Highway 55) and including land currently part of the road, right of ways for Eagle Road (aka., State Highway 55) and Magic View Drive and more particularly described as follows: Commencing at the common quarter corner of Sections 16 and 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and thence along the common section line, North 00122'18" West a distance of 749.74 feet to a point being the intersection of the centerline of Magic View Drive and the Section line EAGLE PARTNERS LLC 1 ANNEXATION AND ZONING ORDINANCE i common to Sections 16 and 17, said point being the point of beginning; Thence North 89038'27" East a distance of 43.62 feet to a point on the Easterly right of way of Eagle Road; Thence along the right of way on a curve to the right having a delta of 2018'53", radius of 5,659.58 feet, length of 228.64 feet and along chord of 228.63 and 1 bearing North 2031'57" East to a point of reverse curvature; Thence continuing along the Eagle Road right of way on a curve to the left having a delta of 3026'18", radius of 5,799.58 feet, length of 348.03 feet and a long chord of 347.98 and bearing North 1058'58" East to the point of intersection with the Easterly extension of the Northerly line of said Lot 1; Thence along the extension of and the Northerly line of said Lot 1 North 89057'05" West a distance of 461.04 feet to the Northwest corner of said Lot 1; Thence South 0006'25" East along the Westerly lot line of said Lot 1 a distance of 579.31 feet to a point on the centerline of Magic View Drive; Thence along the centerline of Magic View Drive North 89038'27" East a distance of 394.28 feet to the point of beginning. Parcel contains 5.980 acres. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned City General Retail and Service Commercial (C -G). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is EAGLE PARTNERS LLC 2 ANNEXATION AND ZONING ORDINANCE I t 1 subject to the terms and conditions of that certain Development Agreement byi and between the City of Meridian and the owner of the land described in Section 1 dated the 6`h day of October, 1998. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50- 223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 61 � day Of C2GA,-,b-e1— , 1998. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 6da Y Of ©G{'& 6.e �- , 1998. ' r R ATTE T: CITY CLERK 100698 --Final EAGLE PARTNERS LLC 3 ANNEXATION AND ZONING ORDINANCE CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. Sp � , passed by the City Council of the City of Meridian, on the 6 -OLA day of October, 1998, is a true and correct copy of.the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. a BEAL $VILLILAM G. BERG, JR. STATE OF IDAHO,,, County of Ada, n this CD` day of October, in the year 1998, before me, q�T._ cS ! , a Notary Public, appeared WIILLIAM Q) BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. I ,01 so se a (SbTAR k y No qblic fo aho I Commission Expires: o7�C • G =*� m •s pUBL1 •� • Joy°A�9Te•OF Z�A•�,••, 1 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN JoAnn C. Butler SP1NK & BUTLER 607 N. 8" Street, Ste. 310 P.O. Box 639 Boise, Idaho 83701 RE: Eagle Partners; Annexation Ordinance - draft copy Dear JoAnn, Enclosed you will find a draft copy of the annexation ordinance as I advised in my letter —`of September 18". 1998. Please know that this ordinance will not be presented to the Meridian City Council until we receive -a signed co -of the Development"Agreement, — . _ -- -- which .you have. gn pY If you have any questions, please feel free to contact our off ce. Sincerely, _ WFG/sls - -- cc: Mayor Shari Stiles Enclosure r 'STT . i DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (this "Agreement', is made and entered into this 20 day of PC�obet- , 1998, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and EAGLE PARTNERS, L.L.C., an Idaho Limited Liability Company, hereinafter called "DEVELOPER', whose address is P.O. Box 44809, Boise, Idaho 83711. 1. RECITALS: 1.1 WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in frill, hereinafter referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the owner or developer make a written commitment concerning the use or development of the subject property; and 1.3 WHEREAS, CITY has exercised its statutory authority by the enactment of Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, DEVELOPER has submitted an application for annexation and zoning of the "Property" described in Exhibit A, and requested a designation of General Retail and Service CgWM:rgiaJ (C -Q) City Zone, 11-2-408 (11) (Municipal Code of the City of Meridiani); and 1.5 WHEREAS, DEVELOPER made some representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings request for annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received testimony and comment in favor of the proposed development, and opposed with concerns being the compatibility of the proposed development with neighboring properties; and 1.7 WHEREAS, DEVELOPER has submitted to the City Council a site plan as to how the Property will be developed, putting landscaping, berming, lighting, access provided, elevations, and anticipated building locations, and other improvements with plans ( a correct copy of which are attached DEVELOPMENT AGREEMENT �(�CG�w`�CECORDE ESTiQF EAGLE PARTNERS LLC ANNEXA"V"4? 01 E,Err; 'Tai `(4 I FEEN 19990029 FH 1:1108 d 0379 1 • • to this Agreement marked Exhibit B) and by this reference incorporated herein. The plans are herein identified as Chevron/McDonald's and by I.P. Co. Credit Union, Eagle Road and Magic View Drive, Meridian, Idaho, BRS Architects, 5/98, job number 9646 sheet SS -2.1 of site and Building data 6/98; and 1.8 WHEREAS, City Council, the 15L' day of September, 1998, has approved certain Findings of Fact and Conclusions of Law in order of decision, set forth in Exhibit C, which are attached hereto and by this reference incorporated as if set forth in full, hereinafter referred to as (the "Findings'); and 1.9 WHEREAS, the "Findings" require the DEVELOPER enter into a .development agreement before the City Council takes fuial action on annexation and zoning designation; and 1.10 WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.11 . WHEREAS, CITY requires the DEVELOPER to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein been established as a result of.evidence received by the City in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure the annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2.1 That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT PAGE 2 EAGLE PARTNERS LLC ANNEXATION/ZONING 3. USES RERMIT-TED BY THIS ACY13FFMENT: 3.1 The uses allowed pursuant to this Agreement are those uses allowed under CITY's Zoning Ordinance Retail and Service Commercial (CQ l codified at section 11-2-408 (11) Municipal Code of the City of Meridian: 3.2 DEVELOPER agrees that this Agreement specifically allows only the uses and/or conditional uses described in the above referenced Zoning Ordinance on the date thereof and which uses are specifically incorporated herein. 3.3 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. • • w ►r i* • • • .eNtz 4.1 DEVELOPER has submitted to CITY an application for conditional use permit, and shall be required to obtain the City's approval thereof, in accordance to the city's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the Property that require a conditional use permit. 5.1 DEVELOPER shall develop subject Property including the obtainence of the appropriate permits and compliance with CITY ordinances regarding the building permits and other life safety codes applicable to such development in accordance with the following special conditions: 5.1.1 Developer shall be responsible to install a water main within the right-of-way of the new street along the north boundary of the proposed site. Location and sizing of the new main should be coordinated with the Meridian Water Department. 5.1.2 Water service to the proposed site could be to the existing water line installed along the northerly side of Magic View Drive. Developer to provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 5.1.3 As Assessment fees for water and sewer service are determined during the building plan review process Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the DEVELOPMENT AGREEMENT PAGE EAGLE PARTNERS LLC ANNEXATION/ZONING 1 parties responsible for installing the water and sewer mains to their current points. 5.1.4 In order to assure that the affected and subject area will be served adequately by essential public facilities and services the pretreatment required and addressed on the building permit application redlines for obtaining City sewer service, which is required. 5.1.5 Comply with the requirements of the Central District Health for approval of appropriate proposal for central sewage and central water, as well as approval for plans for food establishments. 5.1.6 Sanitary Sewer service to the proposed site could be to the existing line installed in Magic View Drive directly adjacent to the south. 5.1.7 The treatment capacity of the City of Meridian's Wastewater Treatment plant is currently being evaluated. Approval of development to be contingent upon City's treatment plant ability to accept the additional sanitary sewage generated by this proposed development. 5.1.8 The Developer shall be required to connect the property to Meridian water and sewer, extend the water and sewer lines to serve the property, and resolve how the water and sewer mains will serve the property, all of which shall be at the Developer's, or its successor's, or successors' cost and expense. Said water and sewer requirements shall be performed on or before the time that the Developer or its successor, or successors desire to use the property or place a user on the property. 5.1.9 Any existing irrigation/drainage ditches crossing the property to be included in the project are to be tiled per City Ordinance 11-9- 605.M. The ditches are to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department with no variances for tiling of any ditches crossing this proj ect. 5.1 .10 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 5.1. H A Land Use Change/Site Development application be filed for review with the Nampa & Meridian Irrigation District with all DEVELOPMENT AGREEMENT PAGE 4 EAGLE PARTNERS LLC ANNEXATION/ZONING 3 laterals and wasteways affected to be protected. Municipal surface drainage must be retained on site. Any surface drainage leaving the site must be approved by the Nampa & Meridian Irrigation District in accordance with their drainage plans. The Developer must ' comply with Idaho Code 31-3805. 5.1.12 The stormwater run-off will be managed with appropriate Best Management Practice_ 5.1.13 Pressurized irrigation shall be installed and constructed. 5.1.14 Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 5.1.15 Any existing domestic wells and/or septic systems within the project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 5.1.16 All ditches, canals, and waterways shall be tiled as a condition of annexation. 5.1.17 The proposed roadway north of the proposed Idaho Power Credit Union needs to be dedicated as a public roadway with a stub to the west. Future development in this area will need to have proper access to the traffic signal. Applicant shall be responsible to install a water main within the right-of-way of the new street along the north boundary of the proposed site. Location and sizing of the new main should be coordinated with the Meridian Water Department. 5.1.18 Developer comply with the State of Idaho Transportation Departments requests that a full control area is necessary to maintain adequate traffic operations on Eagle Road and in the vicinity of Interstate I-84 interchange. 5.1.19 All development approach locations shall be in accordance with the requirements of the State of Idaho Transportation Department. 5.1.20 Roadway and roadway approaches to be approved by the ACRD. 5.1.21 Off-street parking shall be provided in accordance with Section I I- 2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. DEVELOPMENT AGREEMENT PAGE 5 EAGLE PARTNERS LLC ANNEXATION/ZONING • 0 5.1.22 Paving and` striping shall be in accordance with. th forth in Sections 11-2-414.D.4. and 11-2-414.D.5. Meridian Zoning and Development Ordinance and with Americans with Disabilities (ADA) requirements { e standards set of the- City of in accordance 5.1.23 No signage details were submitted. Detailed signage plans must be included as part of this application for review and approval. 5.1.24 A developer shall comply with all life safety codes of the City of Meridian and shall also comply with City code requirements for water supplies, sprinkler systems, as regulated by the Fire Department. 5.1.25 All construction shall conform to the requirements of the Americans with Disabilities Act. 5.1.26 A development agreement is required as a condition of annexation. 5.1.27 To minimize the impact of the neighborhood to the north the applicant shall dedicate to the ACID a reserved right-of-way on the northern 108 feet of the subject property; further a landscaped berm shall be developed in the northern 35 feet of the reserved right-of- way and which landscaped berm shall be maintained by developer. 5.1.28 A roadway placed on the northern boundary of the site will also provide potential elimination of future traffic concerns in the area. 5.1.29 All speaker drive-throughs to be located on the south side of the McDonald's/Chevron fast food convenience Store. 5.1.30 All speaker drive-throughs to be located on the south side of the Credit Union facility. 5.1.31 All signage shall be in accordance with the standards set forth in Section 1 l -2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs shall be permitted. Submission and approval of al_1 signage plans including but not limited to pole signs, reader boards, banners, etc., and specifically any "golden arches" type signage associated with the McDonalds and my outside signage associated with the Chevron Gas Stations. These conditions shall be in addition to the requirements of Meridian's sign ordinance. 5.1.32 The development shall include an additional 20 foot buffer on the north side of the Credit Union facility and an additional 15 feet of landscaping between the Credit Union and the Chevron/McDonald's facility. DEVELOPMENT AGREEMENT PAGE 6, EAGLE PARTNERS LLC ANNEXATIONIZON7NG 5.1.33 The development shall include construction. of F that runs from the southerly boundary of Magic 108 foot reserved road right-of-way. 5.1.34 The Credit Union facility hours between 9:00 a.m. to on weekends. 1 solid wood fence View north to the shall operateg during normal business 5:30 p.m. and not open to customers 5.1.35 A minimum of 68 three-inch caliper trees will be required for the paved square footage proposed. 5.1.36 Particular attention needs to be paid to lighting plans to eliminate as much as is reasonably necessary to eliminate and/or reduce glare to neighboring properties to the north and west, and in accordance with city Ordinance Section 11-2-414D3. 5.1.37 A minimum of 35 -foot -wide landscape setback is required adjacent to the right-of-way of Eagle Road. 5.1.38 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 5.1.39 Future development in this area will need to have proper access to the traffic signal, . 5.2. No condition herein provided can be modified or amended in connection other than as provided for herein and after public hearing by the City Council., in accordance with the notice provisions provided for zoning designation or amendment under enforcement at the time. 6.1 DEVELOPER shall, immediately upon completion of any portion or the entirety of said development of the Property, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. MEEKKOMUREqueneva;.•� • •' •►1 7.1 This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon failure of DEVELOPER or DEVELOPER's heirs, successors, assigns, to comply with the commitments contained herein within two (2) years, and after complying with the notice and hearing procedures as outlined in § 67 - DEVELOPMENT AGREEMENT PAGE EAGLE PARTNERS LLC ANNEXATION/ZONING 6509, Idaho Com, or any subsequent amendments or recodifications thereof. Provided, however, no such consent to rezone shall occur unless CITY provides written notice of any failure to comply with this Agreement to DEVELOPER and DEVELOPER fails to cure such failure within six (6) months of such notice. The two (2) year period of time for compliance may be extended by CITY for just cause and upon notification for such by DEVELOPER, and after complying with the notice and hearing procedures as outlined in § 67-6509, Td ho .ode, or any subsequent amendments or recodifications thereof HUMI-5-01i ►r 6.51MAX6101:r: �. 8.1 CITY shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at DEVELOPER'S cost, and submit proof of such recording to DEVELOPER, prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the CITY shall execute and record an appropriate instrument of release of this Agreement. 9.1 CITY shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 10.1 In the event DEVELOPER, DEVEL,OPER's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connections with the Property, this Agreement may be modified or terminated by the CITY upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by CITY of any default by DEVELOPER of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of CITY or apply to any subsequent breach of any such or other covenants and conditions. 11. REMEDIFS. This Agreement shall be enforceable in any court of competent jurisdiction by either CITY or DEVELOPER, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an DEVELOPMENT AGREEMENT PAGE EAGLE PARTNERS LLC ANNEXATION/ZONING 0 appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 11.1 In the event of a material breach of this Agreement, the parties agree that CITY and DEVELOPER shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party' seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall continence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time within such failure may be cured shall be extended for such period as maybe necessary to complete the curing of the same with diligence and continuity. 11.2 In the event the performance of any covenant to be performed hereunder by either DEVELOPER or CITY is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 12. ti • Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: C/o City Engineer City of Meridian City 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Eagle Partners, L.L.0 P.O. Box 44809 Boise, Idaho 83711 with copy to: JoAnn C. Butler 607 N. 8"' Street Boise, Idaho 83702 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 13. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to DEVELOPMENT AGREEMENT PAGE EAGLE PARTNERS LLC ANNEXATION/ZONING any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 14. Time is of the Essence; The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 15. Binding upon Successors; This Agreement shall be binding upon- and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including CITY's corporate authorities and their successors in office. This Agreement shall be binding on the owner of the Property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. CITY agrees, upon written request of DEVELOPER, to execute appropriate and recordable evidence of termination of this Agreement if CITY, in its sole and reasonable discretion, had determined that DEVELOPER has fully performed its obligations under this Agreement. 16. Invalid Provisi4U. If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any of the other provisions contained herein, except that if an provision of this Agreement is held not valid which DEVELOPER's development of the Property, DEVELOPER may, at its sole discretion, declare this entire Agreement null and void of no force and effect and thereby relieve all parties from any obligations hereunder. 17. EiUal Agreement. This Agreement sets forth all promises, inducements, agreements, condition and understandings between DEVELOPER and CITY relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between DEVELOPER and CITY, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to CITY, to a duly adopted ordinance or resolution of CITY. 18. Effective Date of Agreement. This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning DEVELOPMENT AGREEMENT PAGE 10 EAGLE PARTNERS LLC ANNEXATION/ZONING a. Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. t ACKNOWLEDGU ENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. EAGLE PARNTERS, L.L.C. BY S.T PROPERTIES, L.L.C. 0 COT mm l�.O'Xqv i r' 11144 Commissioner CITY OF MERIDIAN BY yor DEVELOPMENT AGREEMENT EAGLE PARTNERS LI.0 ANNEXATION/ZONING PAGE 11 0 Attest: r City Clerk BY RESOLUTION NO, 200 STATE OF 0 ) :ss COUNTY OF ADA On this da me, , a Notary identified to me to be a Comr of Idaho, who executed the i behalf of said Meridian City executed the same. in the year 1998, before personally appe known or r of the Me ' tan City Council, Ada County, State or person that executed the instrument on cknowledge to me that such City Council 1N WITNESS OF, I have hereunto se y hand and affixed my official seal, the day and ye this certificate t above written. (SEAL,) f l NOTARY PUBLIC FOR AHO RESIDING AT: MY COMMISSION EXPIRES: STATE OF IDAHO ) :ss COUNTY OF ADA ) nn ot� On this day of in the year 1998, before me, m -S a Notary Public, personally appeared Robert D. Come aAd William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. DEVELOPMENT AGREEMENT PAGE 12 EAGLE PARTNERS LLC ANNEXATION/ZONING IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEA�Jv»».,, '4� le9f 'Roo, 1.00 • .ro+ w 'PUBLZ •o' STATE OF IDAHO ) ss. County of Ada ) NOTA10Y P LIC FOR P,AgO RESIDING AT: (y)a(' ) a^ - MY COMMISSION EXPIRES: j Q/ On this 0 day of 00Vj?1J4 , 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared STEVE EDDY, known or identified to me to be a Member of ST PROPERTIES, LLC, the limited liability company that executed the instrument or the person who executed the instrument on behalf of EAGLE PARTNERS, L.L.C., and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ��.•`' �1,L-NIL ''•., �.•QCti ��•.� otary Public for Idaho Residing at C� pTAR j. •; } My commission expires: -3-17--2 OF 11) DEVELOPMENT AGREEMENT PAGE 13 EAGLE PARTNERS LLC ANNEXATION/ZONING W49011.13 ■ Pr■r • rrrrA DEVELOPMENT AGREEMENT PAGE 14 EAGLE PARTNERS LLC ANNEXATION/ZONING A parcel of land situated in the Northeast quarter of Section 17 and the Southwest quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; and including Lot 1, as shown on "Amended Magic View Subdivision", Ada County, Idaho; and including the land between said Lot 1 and the Eastwardly extension of the Northerly and Southerly, lines of said Lot 1, to the Easterly right of way of Eagle Road (aka., State Highway 55) and including land currently part of the road right of ways for Eagle Road (aka., State Highway 55) and Magic View Drive and more particularly described as follows: Commencing at the common quarter comer of Sections 16 and 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and thence along the common section line, North 00122'18" West a distance of 749.74 feet to a point being the intersection of the centerline of Magic View Drive and the Section line common to Sections 16 and 17, said point being the point of beginning; Thence North 89038'27" East a distance of 43.62 feet to a point on the Easterly right of way of Eagle Road; Thence along the right of way on a curve to the right having a delta of 2018'53", radius of 5,659.58 feet, length of 228.64 feet and a long chord of 228.63 and bearing North 2031'57" East to a point of reverse curvature; Thence continuing along the Eagle Road right of way on a curve to the left having a delta of 3126'18", radius of 5,799.58 feet, length of 348.03 feet and a long chord of 347.98 and bearing North 1058'58" East to the point of intersection with the Easterly extension of the Northerly line of said, Lot 1; Thence along the extension of and the Northerly line of said Lot 1 North 89057'05" West a distance of 461.04 feet to the Northwest comer of said Lot 1; Thence South 0006'25" East along the Westerly lot line of said Lot 1 a distance of 579.31 feet to a point on the centerline of Magic View Drive; Thence along the centerline of Magic View Drive North 89038'27" East a distance of 394.28 feet to the point of beginning. Parcel contains 5.980 acres. Site Plan Included E DEVELOPMENT AGREEMENT PAGE 15 EAGLE PARTNERS LLC ANNEXATION/ZONING K$YNOTrES L- N," CLAW aurn ! AND VONU44 DY DN6APM PER AC.%D. M .. MW CU" ORRNC •C=" PNR ACMD. 6TANCARO6. 1 TTPw-Q-3L •PN &!a• LANDOcAP11 PLAK A. 6TANOAI6D PN61CIN0 6PACP6, V X M' 7TPIC %L W/ 3" WICO PAJN= 6. 61N44Oi DN" OT"da!A fir, r R. "lyl CONRlN1OU6 RNCIN& 1. Atl•%ALT PAVI NO Or6R COMPACTED DA*& A' O4NL71 m &-As amm"T" CANOP r S r• cQmCRRm cupabw& •m. N6 16L.NO6 WtT" P'U'7PS 11 VEL CONORt1f WALXA.Y+DN6 W1 /COWNCMCURROL JONT'e • 6. O= AND VERTICAL OJRD AT 1DOc DROCM PNIe%. 1:. 1Ye014DICAP RAIMP, 6LOP6 1:12 MAX •. V. ..AADICAP PANCPI4 SPA= W/ PAID 6TPDOL VVIRTICA.L =WATV*C�TION 64N, U DIAGONAL PANT= STRIPPING . VAN MAOADEU21 !PACK 14 3^ .0= PAINTRD 6TRIPN& 16. r'•O^ %b" CMLL TRA6.1 RICLOGLM TO MATCH MJILONu 911TH CCNG6PTK APRON AND OJ. CL OATIO WIT% VI/ICN 6 -A -MO mb. OU%NS CP OAS IGL.NO CANIOP+" ADOVIL rt. %0 D0� PAIL TAMN LOP.ATIOK V1RPY W/ 6160—WO . W. OKi QAac V6RJPY LACATION Ml VACLI N, AIR COMPR-= AAD %De1 elm. :O. 6'1rr1c4' "Ir" Ims ETOL DO -LARDS. w4c"T1 PILLRO. N Y^ SIA. X4. OtV COAIGIttT1 P00711d0. :1. bO6TIA16 WATW MAN AAD 61RlVICK .�. be6TRtl SILUM MAIAL 21 IPCO. TR,MlPCRIMI . V601 Y LOC-&TIOK 24 baermwo NATIJWAL MO 06RVIax (sENERAL NOTES • W --j v j L CONTRACTOR TO N6TALL AIMM6111 NU'mPRe A MNLM JM OP 3 V:^ M "o6"T P" UDC am 613 PRIOR TO R190,1111I6TNG { PNAI. N6P7C.TICN. 2. wO0a6wdJ.0 LNJta IRRIGATION SYST046 COANIC7PD TO A POTADLK WARR 6UPPLY RIKOLIJR60 AN.APPROV10 DLCJO.`OW. PRIVWTION CtVICJI AAD AN 0, P ON TO V I6 COMPLIANCP VAT% PACERC NORT 7 tS=f:0N AWYJA CRO" COP" TION '. 6TANG16YD& 3, A NON-POTADLP WATot PRYNJi= IRRIGATION 6TlTD9 MAT NOT OK rONNC'TtD TO ANY OOTADLI WATU R GUPPL.Y 6TlTW% wromm T%1 WRITT c4N6NT OP P1URV1yom GP T%1 WATER ww NIWA"= WIT% PRP66URP LNIP GAc10LOW PROVINTM SITE $ $uILDINGs MAT, LF&A41. ADDIl2e4 603 00. EAG41 ROAD. MMOIAN, 104040 &T1 ARIA. PARCIL. 'A•: N- 9A929 ea PT. r221 AC946) PARCEL W. .i- 3IA23 ea PT.. Acom) TOTAL ERE ARLL N- 136352 ea R. [3J3 ACRQD) TOTAL PAV= ARIA. 11161 ea PT.d- (CCMDNOJ) I t" LANC6CAPIWO RJlaJR1D: 106 X 19106 ba PT.. 1.970 ea PT. [co ml --i LANDec,APNG PROVIV=:- AI.M ea Pr.W- [COrmIARD) 62 S O+ PAV1O ABPA I ' A Q 61711 AQy PARKING G-srwmaDCNALc•eI IPACP PR :00 6CJIT.. 6621/200.26 : IRIVUAJP wNDOW [u : 5 16 cREDR WICN: 16PAq PM 200 e&W,. 5000/200 . 25 ORIVK-I1P WIDOW (2), >m 1 CREDIT LNICN (AA r.A 16PACE PPR 200 60)T.. 2600/.'00. 13 f- i TOTAL RK01410= [COMDR+ID1 61 f P'yARKING P1tOVIDm CJTORi4-a00MALDb. IA 6PACE6 r' CE!lDIT ,INION, :6 BPAcu 'I TOTAL PROVIDED, 90 6PAcm 1111 ill I IIII II II 1111 SII I IIII II IIII 111 4 IIII SII I Ili! II I 1111 III IIII III I till 111 I IIII SII 1111 III IIII II IIII �Iliy IIII II III I 1 11 1 IIII Ilf1p I - III: . I! 1;iI;l f V l `( IIII�II � 1111:111 ^1 IIII�III III1�111 I IIIIR�I, ONIL = BUILDING OC'GUF•JINICT": 6a (cAAlor ) . M_ [c-6rDRart"IeaoNAL�w)? NJ"IDER CP 6TORRb 1.61'ORY CCN&"XC ON --"4L C-6TCRE.MfLCNA1.'�'6, V -AL cGAIOP^, II -N PRE 6PtNK.IAR^.e NO. — DUIL^INC AREA. C-*TOKLMeDCNALY . 6627 eaPT. 1.. CA1EUAb+ .A OORT. • CRIKOIT WIC:16. 6000 60PT. r. 26C0 6a F TOTAL. ;3.4N 661 P+, N- 1 Na.=r1 G WiTow Ca w --- — — — — — — — — — — LEGAL DSSCR1 =TION LOT I oc1eTNG Nrnx6lcrloN MAGIC VIEW SUMMIVISICN I O pca 71 t DRAWN >� 1 w2s j 5[0.8 t cHBa® 1 106 An 96/26 Sle-2.1 • EXTUBIT -C Findines of Fact and Conclusion&-Q�Law/Condiions of.Amrovl i DEVELOPMENT AGREEMENT CAGLE PARTNERS LLC ANNEXATION/ZONING PAGE 16 i BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF EAGLE PARTNERS LLC, 603 SOUTH EAGLE ROAD, THE APPLICATION FOR ANNEXATION AND ZONING, NORTHWEST CORNER OF EAGLE ROAD AND MAGIC VIEW DRIVE, MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION The above entitled annexation and zoning application having come on for public hearing on July 21, 1998, at the hour of 7:00 o'clock p.m., the Applicant's Representative, having appeared and numerous other witnesses having testified and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Order of Decision: FINDINGS OF FACT 1. The notice of public hearings on the application for annexation and. zoning was published for two (2) consecutive weeks prior to said public hearings scheduled for April 14, 1998, and June 9, 1998, before the Planning and Zoning Commission, the first publication appearing and written notice having been mailed to property owners or purchasers of record within 300 feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 9 considered by the Planning and Zoning Commission at the April 14, t b is d i 1 1998, and June 9, 1 1998, public hearings; and the applicant, affected property owners, and government I subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. The notice of public hearings on the application for annexation and zoning were published for two (2) consecutive weeks prior to said public hearings scheduled for April 7, 1998 and July 21, 1998, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within 300 feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the April 7, 1998, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 3. There has been compliance with all.notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§ 11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 4. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 ANNEXATION AND ZONING - EAGLE PARTNERS LLC s December 21, 1993, Ordinance No. 629 — January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 5. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 4.13 acres in size. The property is located adjacent and to the west of Eagle Road and to the north of Magic View Drive. 6. The Applicant is the record owner of the property and has filed a written request for annexation. 7. The property is presently zoned by Ada County as Rural Transition (RT), and is used primarily vacant and unused. 8. The Applicant requests the property be zoned (C -G), General Retail and Service Commercial. 9. The Applicant has requested the annexation and this zoning, and the application was not initiated at the request of the City of Meridian. 10. The property is located at 603 South Eagle Road. 11. The proposed site subject property lies adjacent to the south of the Greenhills Estates No. 3 Subdivision and borders Lots 1, 3, 4 and part of Lot 5 in said subdivision and is kitty corner and to the southwest of the Mountain View Subdivision. The site is immediately east of the Magic View Subdivision and immediately west of the St. Luke's Regional Medical Center, and is adjacent to Eagle Road and in close proximity to the Eagle Road Interchange with Interstate 1-84. 12. The city limits of the City of Meridian are adjacent and abut on the south and FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 3 ANNEXATION AND ZONING — EAGLE PARTNERS LLC • on the east of the subject real property. 13. The land within the proposed annexation is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 14. The property to the north and to the northwest of the subject property is developed as residential housing and the property to the east of the subject property is developed as St. Luke's Regional Medical facility and the property to the south has been developed to include the Texaco Convenience Store and gasoline station, and the property to the west is residential. 15. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 16. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 17. The Applicant submitted development plans for the subject real property which are identified as "Chevron/McDonald's and by I.P. Co. Credit Union, Eagle Road and Magic View Drive, Meridian, Idaho, BRS Architects, 5/98, job number 9464 sheet SS -2.1 of site and building data 6/98". 18. The applicant proposes to develop the subject property in the following manner. The northern 108 feet of the subject property to be reserved as a roadway right- of-way and dedicated to the ACHD with the inclusion thereon of a berm in the northern 1/3 of the reserved right-of-way; and adjacent and to the south of the reserved right-of-way a parcel depicted as Parcel B which is depicted as 150 feet in width across the entire subject FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 ANNEXATION AND ZONING - EAGLE PARTNERS LLC • property which shall be developed with a credit union building 5,000 square foot in size with a future expansion of additional 2,600 square feet together with parking and landscaping, with a drive-through on the southern side of the proposed building. A parcel depicted as Parcel A is 292 feet in width across the entire subject property to be developed as a McDonald's/Chevron fast food convenience facility with fuel islands including eight pump stations, a vacuum air compressor and hose B/BB, a car wash, trash enclosure, together with the convenient store and associated parking, berming and landscaping as depicted on the site plan. 19. Traffic volume on Eagle Road is quite high and serves as a major interchange and north/south collector with Interstate 1-84. 20. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: 20.1 Applicant shall be responsible to install a water main within the right-of-way of the new street along the north boundary of the proposed site. Location and sizing of the new main should be coordinated with the Meridian Water Department. 20.2 Water service to the proposed site could be to the existing water line installed along the northerly side of Magic View Drive. Developer to provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 20.3 As Assessment fees for water and sewer service are determined during the building plan review process Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 ANNEXATION AND ZONING - EAGLE PARTNERS LLC water and sewer mains to their current points. 20.4 In order to assure that the affected and subject area will be served adequately by essential public facilities and services the pretreatment required and addressed on the building permit application redlines for obtaining City sewer"service, which is required. 20.5 In compliance with the requirements of the Central District Health for approval of appropriate proposal for central sewage and central water, as well as approval for plans for food establishments. 20.6 Sanitary Sewer service to the proposed site could be to the existing line installed in Magic View Drive directly adjacent to the south. 20.7 The treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated. Approval of development to be contingent upon City's treatment plant ability to accept the additional sanitary sewage generated by this proposed development. 20.8 The Applicant shall be required to connect the property to Meridian water and sewer, extend the water and sewer lines to serve the property, and resolve how the water and sewer mains will serve the property, all of which shall be at the Applicant's, or its successor's, or successors' cost and expense. Said water and sewer requirements shall be performed on or before the time that the Applicant or its successor, or successors desire to use the property or place a user on the property. 20.9 Any existing irrigation/drainage ditches crossing the property to be included in the project are to be tiled per City Ordinance 11-9-605.M. The ditches are to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department with no variances for tiling of any ditches crossing this project. 20.10 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 20.11 A Land Use Change/Site Development application be filed for review with the Nampa & Meridian Irrigation District with all laterals and wasteways affected to be protected. Municipal surface drainage must be retained on site. Any surface drainage leaving the site must be approved by the Nampa & Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 ANNEXATION AND ZONING - EAGLE PARTNERS LLC Irrigation District in accordance with their drainage plans. The Developer must comply with Idaho Code 31-3805. 20.12 The stormwater run-off will be managed with. appropriate Best Management Practice. 20.13 Pressurized irrigation shall be installed and constructed. 20.14 Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 20.15 Any existing domestic wells and/or septic systems within the project will have to be removed from their domestic service per City Ordinance Section 5-7- 517. Wells may be used for non-domestic purposes such as landscape irrigation. 20.16 All ditches, canals, and.waterways shall be tiled as a condition of annexation. 20.17 The proposed roadway north of the proposed Idaho Power Credit Union needs to be dedicated as a public roadway with a stub to the west. Future development in this area will need to have proper access to the traffic signal. Applicant shall be responsible to install a water main within the right-of-way of the new street along the north boundary of the proposed site. Location and sizing of the new main should be coordinated with the Meridian Water Department. 20.18 Developer comply with the State of Idaho Transportation Departments requests that a full control area is necessary to maintain adequate traffic operations on Eagle Road and in the vicinity of Interstate 1-84 interchange. 20.19 All development approach locations shall be in accordance with the requirements of the State of Idaho Transportation Department. 20.20 Roadway and roadway approaches to be approved by the ACHD. 20.21 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 20.22 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4. and 11-2-414.D.5. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities FINDINGS OF FACT AND CONCLUSIONS OF LAW -.Page 7 ANNEXATION AND ZONING - EAGLE PARTNERS LLC (ADA) requirements. 4 x 20.23 No signage details were submitted. Detailed signage plans must be included as part of this application for review and approval. z 20.24 A developer shall comply with all life safety codes of the City of Meridian and shall also comply with City code requirements for water supplies, sprinkler systems, as regulated by the Fire Department. 20.25 All construction shall conform to the requirements of the Americans with Disabilities Act. 20.26 A development agreement be required as a condition of annexation setting forth these conditions of development. 21. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact no. 20 and all subparts the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 22. It is found that the following are development considerations which must be taken into account, in order in assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and oders: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 1 22.1 To minimize the impact of the neighborhood to the north the applicant shall dedicate to the ACHD a reserved right-of-way on the northern 108 feet of the subject property; I 3 22.2 A roadway placed on the northern boundary of the site will also provide potential elimination of future traffic concerns in the area. 22.3 All speaker drive-throughs to be located on the south side of the McDonald's/Chevron fast food convenience facility. 22.4 All speaker drive-throughs to be located on the south side of the Credit Union facility. 22.5 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs shall be permitted. Submission and approval of all signage plans including but not limited to pole signs, reader boards, banners, etc., and specifically any "golden arches" type signage associated with McDonalds and any outside signage associated with the Chevron Gas Stations. These conditions shall be in addition to the requirements of Meridian's sign ordinance. 22.6 The development shall include an additional 20 foot buffer on the north side of the Credit Union facility and an additional 15 feet of landscaping between the Credit Union and the McDonald's/Chevron fast food convenience facility. 22.7 The development shall include construction of a solid wood fence that runs from the southerly boundary of Magic View north to the 108 foot reserved road right-of-way. 22.8 To minimize the impact of the neighborhood to the north the applicant shall dedicate to the ACHD a reserved right-of-way on the northern 108 feet of the subject property; further a landscaped berm, shall be developed in the northern 35 feet of the reserved right-of-way and which landscaped berm shall be maintained by developer. 22.9 The Credit Union facility shall operate during normal business hours between 9:00 a.m. to 5:30 p.m. and not open to customers on weekends. 22.10 A minimum of 68 three-inch caliper trees will be required for the paved square footage proposed. 22.11 Particular attention needs to be paid to lighting plans to eliminate as much as FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 ANNEXATION AND ZONING - EAGLE PARTNERS LLC is reasonably necessary to eliminate and/or reduce glare to neighboring properties to the north and west, and in accordance with city Ordinance Section 11-2-414D3. 22.12 A minimum of a 35 -foot -wide landscape setback is required adjacent to the right-of-way of Eagle Road. 22.13 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606. B. 22.14 Future development in this area will need to have proper access to the traffic signal. 22.15 A development agreement is required as a condition of annexation to insure that the development considerations herein found reasonable are enforced. 23. It is the finding and policy of the City Council that agreements are difficult to enter into prior to annexation ordinances being passed; that the City Council finds that a Development agreement shall be entered into prior to the final plat being approved and prior to issuance of any building permits. 24. The applicant requested zoning of the subject real property as General Retail and Service Commercial (C -G) is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as commercial. 25. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. I 26. The development of the property as a (C -G) General Retail and Service Commercial District, as requested by the Applicant, will be compatible to the development in the surrounding area subject to the conditions of development herein found to be reasonable in relation to the requested zone (C -G) General Retail and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 ANNEXATION AND ZONING - EAGLE PARTNERS LLC Service Commercial Zoning District and. is ",accordance with the adoptive ComprehensivePlan of the City of Meridian. 27. There are no major or scenic features of major importance that affect the consideration of this application. 4 28. The subject annexation request and zoning designation and proposed development relates to the goals and policies of the Comprehensive plan of the City as t follows: J 28.1 The consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high-quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. 28.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 28.3 The expansion of commercial development is facilitated by the granting of this application subject to the conditions herein set forth. 28.4 The application is consistent with Meridian's self identity. 28.5 The proposed development will be consistent with the goal of supplying employment and economic self-sufficiency for the existing and future residents of the City and the reduction of the reliance upon Boise and the strengthening of the City's ability to finance and implement public improvements, services and its open space character. 28.6 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. S 28.7 Compliance with the requests of the Political subdivisions providing services, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 111 0 0 assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. I 28.8 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the- Comprehensive plan and the Zoning,ordinances of the City to the subject application. 29. The property can be physically serviced with City water and sewer, if applicant extends the lines. 30. Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into commercial uses and other uses. 31. The legal Edescription for annexation included in the application doesn't include a portion of the S. Eagle Road right-of-way between the subject site and the St. t Luke's site. Applicant shall submit an annexation perimeter legal description for the / S proposed site. The legal description shall include all those portions of adjacent public rights-of-way contiguous to the Corporate City Limits of the City of Meridian (Ord. No. 659, 8/2/94), and 'h of all other adjacent Public Right -of -Ways. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the existing city limit boundary which is required for the preparation for the annexation ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 12 ANNEXATION AND ZONING — EAGLE PARTNERS LLC c Y CONCLUSIONS OF LAW a I 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11-2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975" codified at Chapter 65, Title 67, Idaho Code by the adoption of "Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 1. The Goals of the Comprehensive Plan are set forth at Page 5 and include: 1.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area -specific policies and programs. 1.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 ANNEXATION AND ZONING - EAGLE PARTNERS LLC i 0 1.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiencyifor existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 1.4 To provide housing opportunities for all economic groups within the community. 1.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self- sufficient community. 1.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 1.7 To provide community services to fit existing and projected needs. 1.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 1.9 To encourage a balance of land use patterns to insure that revenues pay for services. 1.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 2. Under ECONOMIC DEVELOPMENT COMMERCIAL ACTIVITY CENTERS at page 17 Retail, commercial and office development are frequent partners within Commercial Activity Centers. In order to support residential and industrial developments, areas should be set aside as Commercial Activity Centers and their development carefully guided. Various commercial activity centers are designated on the generalized land use map. Planning policies pertaining to commercial activity centers are presented in the land use chapter of the plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 ANNEXATION AND ZONING - EAGLE PARTNERS LLC MIXED -PLANNED USE DEVELOPMENT AREAS at page 17 Mixed use is a planning category which refers to the coordinated development of several major uses as part of a single project, such as specialty retail/commercial, variable density residential, offices, motels, industrial, service, commercial, and public and semi-public uses. Certain areas have been designated for mixed -planned uses. The development of mixed and planned compatible land uses should be carefully guided through specific project plans, in accordance with the mixed-use policies contained in the Land Use chapter of the Plan. Economic Development Goal Statement Policies, Page 18 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with 'the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. (Emphasis added.) 3. Under LAND USE EXISTING CONDITIONS, Page 21 Commercial and retail areas are established along major arterials, and include small commercial center and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 ANNEXATION AND ZONING - EAGLE PARTNERS LLC Area of Impact, Page 22 Comprehensive Plan Map The proposed future land use delineation's for the impact area are shown on the Comprehensive Plan Map — Generalized Land Uses, . . The land use element is based upon these objectives: 4. Planned mixed uses along 1-84, Franklin Road, U.P. Railroad, and Fairview Avenue corridors. (Emphasis added.) ' COMMERCIAL ACTIVITY CENTERS, Page 25 In all cases, the locations of Commercial Activity Centers should be guided by performance and developments standards. These standards consider, among other aspects: 1. Traffic Volume and Type 2. Trip Generation 3. Impacts on Arterial Street System 4. Proximity to Other Commercial Development 5. Impacts on Neighborhood Residential Areas 6. Accessibility of Site 7. Parking Demands 8. Pedestrian Circulation 9. Available Utility Systems 10. Aesthetics (Design Considerations) 11. Use Impacts Upon Other Adjacent Uses 12. Internal Circulation Design 13. Drainage COMMERCIAL POLICIES, Page 26 4.6U Community shopping centers will be encouraged to locate at arterial intersections and near high -traffic intensity areas. (Emphasis added.) 4. Under TRANSPORTATION, Page 43 Existing Conditions a. Eagle Road, North of Overland, is listed as a principal arterial 5. Under COMMUNITY DESIGN, .at Page 71 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 ANNEXATION AND ZONING - EAGLE PARTNERS LLC Community Identification Goal Statement Create visual quality and functional identity for the City of Meridian and its surrounding environment. Policies 1.1 All commercial and industrial developments should' be reviewed by the City for adequate site planning. 1.3 Open space areas within all development should be encouraged. 1.4 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. Special Community Design Areas Goal Statement 2.1 U Require businesses and government to install and maintain landscaping. 2.2U Encourage area beautification through uniform sign design that enhances the community. 2.31.1 Encourage the beautification of streets, parking lots, public lands, and state highways. 2.51J Encourage the use of attractive open space, landscaping, lighting, and street furniture for -the benefit of the public. Entryway Corridors Entryway corridors are arterial roadways entering the community that introduce both visitors and residents to Meridian. City - designated gateway arterials include the following streets: p. Eagle Road (North and South entrances) Entryway corridors are a community's front door. It is acknowledged that the corridor's trees (or lack thereof), commercial FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 ANNEXATION AND ZONING - EAGLE PARTNERS LLC a signage, and site character provide the first, and oftentimes the most lasting, impression of the entire community. } j Therefore, the `entire community and, most specifically its governing bodies, have the right and the responsibility to guide the development and redevelopment that occurs along entryway corridors. r Entrance Corridors Goal Statement ! Promote, encourage, develop and maintain aesthetically - pleasing entrances to the City of Meridian. Policies 4.2U Support ACHD corridor development standards for the entryways to the City. 4.3U Use the Comprehensive Plan, subdivision regulations! and zoning to discourage strip development and encourage clustered, landscaped business or residential development on entrance corridors. 4AU Encourage landscaped setbacks for , new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. Quality of Environment Goal Statement Policies I 5.2U Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. a 5. The requested zoning of General Retail and Service Commercial, (C -G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: C -G) General Retail and Service Commercial: The purpose of the (C -G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in 'close FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 18 ANNEXATION AND ZONING — EAGLE PARTNERS LLC proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, Commercial, lists commercial uses allowed in the various zoning districts of the City; that drive-thru's are listed as conditional uses in the General Retail and Service Commercial (C- G) district. 7. That the City of Meridian Comprehensive Plan, under LAND USE, Mixed -Use Area at Eagle Road, in 5.16U, states that all development requests will be subject to development review and conditional use permit processing to insure neighborhood compatibility. 8. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and operate any stores or facilities on this parcel of land. 9. That Planned Development is defined in 11-2-403 B, at page 20 of the i Zoning Ordinance booklet, as follows: An area of land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, or commercial or a mixture of compatible uses. A PD does not necessarily correspond to lot size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in any one or more created districts or this Ordinance. and a Planned General Development is defined as follows: A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 ANNEXATION AND ZONING - EAGLE PARTNERS LLC complimentary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses. and a Planned Commercial Development is defined as follows: Any development in which the principal use of land is for commercial purposes. 10. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision. 11. That pursuant to the authority of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 12. That Section 11-9-605 G 1. states as follows: Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement. 13. That Section 11-9-605 L states, in part, as follows: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing, or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 14. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan ....; 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses. 15. That 11-9-607 E, of the Subdivision Ordinance, states in part as follows: A PD shall be allowed only as a Conditional Use in each district subject to the standards and procedures set forth in the Section. A PD shall be governed by the regulations of, the district or districts in which said PD is located. The approval of the Final Development Plan for a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, signs, and other regulations as may be desirable to achieve the objectives of the proposed PD,rop vided such exceptions are consistent with the standards and criteria contained in this Section. 16. That 11-9-607 F, of the Subdivision Ordinance, states in part as follows: 1. Planned Developments - Planned developments shall be subject to requirements set forth in the Zoning Ordinance and also subject to all provisions within this Ordinance. .. . 8. Financial Guarantees - The developer shall post financial guarantees for all approved on-site improvements if required pursuant to 9-606 C. 17. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 18. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 ANNEXATION AND ZONING - EAGLE PARTNERS LLC pressurized irrigation systems. I 19. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 20. Section 11-2-417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. 21. As a condition of annexation and the zoning of (C -G) General Retail and Service Commercial, the Applicant shall enter into a development agreement as authorized by Sections 11-2-416 L and 11-2-417 D. of the real property, which is the subject of this application, prior to the passage of an annexation and ordinance of zoning designation; that the applicant enter into a Development Agreement for the development of the subject property, condition of annexation, a condition of zoning (C -G) General Retail and Service Commercial, authorized by Sections 11-2-416 L and 11-2-417 D, Municipal Code of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22 ANNEXATION AND ZONING - EAGLE PARTNERS LLC ORDER OF DECISION NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: 1. That the applicant prepare the legal description for the annexation included in the application which legal description includes a portion of south Eagle Road right-of-way between the subject site and St. Luke's site. Applicant shall submit an annexation perimeter legal description for the proposed site. The legal description shall include all those portions of adjacent public rights-of-way contiguous to the Corporate City Limits of the City of Meridian (Ord. No. 659, 8/2/94), and '/2 of all other adjacent Public Right -of -Ways. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the existing city limit boundary which is required for the preparation for the annexation ordinance. 2. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. (C -G) General Retail and Service Commercial Ordinance shall not be finally approved by the City Council until provisions of parts 1 and 3 of this order have been met; and 3. Developer enter into a Development Agreement, that provides in the event FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23 ANNEXATION AND ZONING - EAGLE PARTNERS LLC the conditions therein are not met by the,Developer that the property shall be subject to; de- annexation, with the City of Meridian which provides for .the following conditions of, development to -wit: 3.1 Applicant shall be responsible to install a water main within the right-of-way;of the'new street along the north boundary of the proposed site. Location and sizing of the new main should be coordinated with the Meridian Water Department. } 3.2 Water service to the proposed site could be to the existing water line installed along the northerly side of Magic View Drive. Developer to provide the Public Works Department -with information on 'anticipated fire flow and domestic water requirements for the proposed site. 3.3 As Assessment fees for water and sewer service are determined during !the building .plan review process Applicant, shall be required to enter into an Assessment Agreement, with the City of Meridian. In ,addition, to these assessments, water and sewer "Late- Comers" fees will also be charged against this parcel. to help reimburse the parties, responsible for installing 'the water and sewer mains to their current points. 3.4 In order to assure that the affected and subject area will be served' adequately by essential public facilities,, and. services the pretreatment required and addressed on the building permit application redlines! for obtaining City sewer service, which is required. 3.5 In compliance with the requirements of the Central District Health for approval of appropriate proposal for central sewage and central water,' as well as approval for plans for food establishments. , 3.6 Sanitary Sewer service to the proposed site could be to the existing line installed in Magic View Drive directly adjacent to the south. 3.7 The treatment'capacity of the City of Meridian's -Wastewater Treatment Plant is currently being evaluated. Approval of development to be contingent upon City's treatment plant ability to accept the additional sanitary sewage generated by this proposed development. 3.8 The Applicant shall be -required to connect the property.to Meridian water and; sewer; extend ,the water and sewer lines to serve the property,, and resolve how.the water and sewer mains will.serve the property, all of which shall, be 1 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 1� r I at the Applicant's, or its successor's,, or successors' cost and expense. r Said water and sewer requirements shall be performed on or before the time that the Applicant or its successor, or successors desire to use the property or place a user on the property. 3.9 Any existing irrigation/drainage ditches crossing the property to be included in the project are to be tiled per City Ordinance 11-9-605.M. The ditches are to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department with no variances for tiling of any ditches crossing this project. 3.10 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 3.11 A Land Use Change/Site Development application be filed for review with the Nampa & Meridian Irrigation District with all laterals and wasteways affected to be protected. Municipal surface drainage must be retained on site. Any surface drainage leaving the site must be approved by the Nampa & Meridian Irrigation District in accordance with their drainage plans. The Developer must comply with Idaho Code 31-3805. 3.12 The stormwater run-off will be managed with appropriate Best Management Practice. 3.13 Pressurized irrigation shall be installed and constructed. 3.14 Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 3.15 Any existing domestic wells and/or septic systems within the project will have to be removed from their domestic service per City Ordinance Section 5-7- 517. Wells may be used for non-domestic purposes such as landscape irrigation. 3.16 All ditches, canals, and waterways shall be tiled as a condition of annexation. 3.17 The proposed roadway north of the proposed Idaho Power Credit Union needs to be dedicated as a public roadway with a stub to the west. Future development in this area will need to have proper access to the traffic signal. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page'25 ANNEXATION AND ZONING - EAGLE PARTNERS LLC Applicant shall be responsible to install a water main within the right-of-way of the new street along the north boundary of the proposed site. Location and sizing of the new main should be coordinated with the Meridian Water Department. 3.18 Developer comply with the State of Idaho Transportation Departments requests that a full control area is necessary to ,maintain adequate traffic operations on Eagle Road and in the vicinity of Interstate 1-84 interchange. 3.19 All development approach locations shall be in accordance with the requirements of the State of Idaho Transportation Department. 3.20 Roadway and roadway approaches to be approved by the ACRD. 3.21 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 3.22 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4. and 11-2-414.D.5. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities (ADA) requirements. 3.23 No signage details were submitted. Detailed signage plans must be included as part of this application for review and approval. 3.24 A developer shall comply with all life safety codes of the City of Meridian and shall also comply with City code requirements for water supplies, sprinkler systems, as regulated by the Fire Department. 3.25 All construction shall conform to the requirements of the Americans with Disabilities Act. 3.26 A development agreement is required as a condition of annexation. 3.27 To minimize the impact of the neighborhood to the north the applicant shall dedicate to the ACHD a reserved right-of-way on the northern 108 feet of the subject property; further a landscaped berm shall be developed in the northern 35 feet of the reserved right-of-way and which landscaped berm shall be maintained by developer. 3.28 A roadway placed on the northern boundary of the site will also provide potential elimination of future traffic concerns in the area. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 26 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 3.29 All speaker drive-throughs to be located on the south side of the McDonald's/Chevron fast food convenience Store. 3.30 All speaker drive-throughs to be located on the south side of the Credit Union facility. 3.31 All signage shall be in accordance with the standards set forth in Section 11- 2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs shall be permitted. Submission and approval of all signage plans including but not limited to pole signs, reader boards, banners, etc., and specifically any "golden arches" type signage associated with the McDonalds and any outside signage associated with the Chevron Gas Stations. These conditions shall be in addition to the requirements of Meridian's sign ordinance. 3.32 The development shall include an additional 20 foot buffer on the north side of the Credit Union facility and an additional 15 feet of landscaping between the Credit Union and the Chevron/McDonald's facility. 3.33 The development shall include construction of a solid wood fence that runs f from the southerly boundary of Magic View north to the 108 foot reserved road right-of-way. 3.34 The Credit Union facility shall operate during normal business hours between 9:00 a.m. to 5:30 p.m. and not open to customers on weekends. 3.35 A minimum of 68 three-inch caliper trees will be required for the paved square footage proposed. 3.36 Particular attention needs to be paid to lighting plans to eliminate as much as is reasonably necessary to eliminate and/or reduce glare to neighboring properties to the north and west, and in accordance with city Ordinance Section 11-2-414D3. 3.37 A minimum of a 35 -foot -wide landscape setback is required adjacent to the right-of-way of Eagle Road. 3.38 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606. B. 3.39 Future development in this area will need to have proper access to the traffic signal. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 27 ANNEXATION AND ZONING - EAGLE PARTNERS LLC It is therefore concluded that the annexing and zoning of the property is in the best interest of the City of Meridian, and it is concluded that the annexation shall be conditioned upon meeting the requirements of this Decision and Order. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The City Council of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COUNCILMAN KEITH BIRD COUNCILMAN RON ANDERSON COUNCILMAN CHARLIE ROUNTREE COUNCILMAN GLENN BENTLEY MAYOR ROBERT RRIE (TIE BREAKER) MOTION: APPROV 091598 -Final RFcElvEID SEP 15 1998 CITY OF MERIDIAN VOTED VOTED VOTED r VOTED VOTED DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 28 ANNEXATION AND ZONING - EAGLE PARTNERS LLC • C7 Meridian City Council Meeting October 20, 1998 Page 6 ° I s Rountree: Well I suppose we can make another motion to that effect or I'll move to L I can move to amend my motion. Anderson: I'll withdraw my second. Rountree: Mr. Mayor I move that we adopt Ordinance 804 with the change in the fourth line to the correct spelling of duties, the correction of all references to Assistant City Clerk to Deputy City Clerk, authorize the Mayor to sign and the Clerk to attest with suspension of rules. Anderson: I'll second. Corrie: Motion made by Mr. Rountree second by Mr. Anderson to approve Ordinance #804 with suspension of rules and corrections as noted. Any further discussion? ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, yea. MOTION CARRIED: All ayes. ITEM NO. 4: ORDINANCE #805 – ANNEXATION AND ZONING OF 1.18 ACRES BY WILLIAM C. HUMPHREY FOR LAND LOCATED AT 939 E. PINE: Corrie: Is there anyone from the audience who would like to have Ordinance #805 read in its entirety? Council discussion? I'll entertain a motion on Ordinance #805. Bentley: Mr. Mayor I move that we approve Ordinance #805 with suspension of rules. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to accept Ordinance #805 with suspension of rules. Any further discussion? ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, yea. MOTION CARRIED: All ayes. Corrie: Item number 5 and 6 will suspended until later this evening, the last. Move on to item number 7. ITEM NO. 7: DEVELOPMENT AGREEMENT FOR:' -EAG -LE PARTNERS? Meridian City Council Meeting October 20, 1998 'Page 7 Rountree: On page 9 there are some blank line in there that reference to an address for developer and copies to — I believe those ought to be filled in before we take action on this. At least we ought to note who those ought to be. Corrie: Mr. Gigray can you help us on that one or do they need to have the — let's have the Planning and Zoning —, can you give us the addresses and this will be the 20th day. Is that when the agreement starts? Hawkins -Clark: I'm sorry, could you repeat that Mayor? Corrie: Yes on the development agreement, we have two blanks that says enter this blank day of blank, 1998. Rountree: No, page 9, there's a couple of addresses that are missing. Corrie: I'm sorry. Okay. The developer. Rountree: We've taken care of the city, but we haven't care of the rest of our work there. Corrie: Can you help us on page 9 on that one? Hawkins -Clark: Page 9, you're referring to number 12 for the — Corrie: Yes. We need the developer address. Do you happen to have that? Hawkins -Clark: I could get that out of the file. Rountree: ...would be sufficient for me to know that it's Eagle Partners too and cc to whom. Bentley: Mr. Gigray, have you reviewed the development agreement? Gigray: Yes, we prepared it. Bentley: Everything is in order then? Gigray: We believe so and in accordance with your findings. Bentley: Thank you. Gigray: But I can't tell you the address. • 0 Meridian City Council Meeting a October 20, 1998 4 Page 8 Rountree: Just knowing who the second party would be. Gigray: It might be helpful. Hawkins -Clark: Just for the record the developer did say that the original signed copy that was submitted to the Planning and Zoning Department did have that completed in, what you're looking at are simply copies of the — but it is Eagle Partners, LLC, P.O. Box 44809, Boise, Idaho 83711. Rountree: No cc's so we strike that. Gigray: Mr. Mayor with your permission and in answer to Councilman Rountree's question, that is correct. There is a signed document because that was one of the reason we held this up until we had it. Does the Clerk have it? It was supplied to my office and then I directed it be supplied to — Rountree: This one's taken care of. Corrie: Mrs. Butler out there smiling now. Bentley: She got her breath back. Berg: Mr. Mayor, members of the Council just for the record, it's Eagle Partners as the developer with a copy to go to JoAnn Butler. Her address is 607 N. 8th Street, Boise, Idaho 83702. Corrie: And further corrections or additions? Rountree: Do we have a resolution number? Corrie: Mr. Gigray on page 12 kind of refresh my memory why is there signatures for the Mayor and then two commissioners? Gigray: The copy that you're looking at or the one that the City Clerk has those x through, if I'm not mistaken. Berg: Mr. Mayor members of the Council, they are crossed out. They are not needed for the document. Corrie: Any other questions? Rountree: City Clerk,is going to go find a resolution number for our resolution. 0 Meridian City Council Meeting October 20, 1998 Page 9 Corrie: I think you have a copy attached to your packet. Rountree: Just need a number. 9 Corrie: If the audience is wondering what we're doing up here, we're waiting for the City Clerk to give us a resolution number. There he is. Rountree: Let's start at 200. Corrie: Okay resolution number 200 is a resolution of the City Council of the City of Meridian stating for certain findings and purposes authorizing the Mayor to enter into on behalf of said municipality an agreement entitled development agreement dated this 6th day of October, 1998 be and between the City of Meridian and Eagle Partners LLC. Bentley: Mr. Mayor I move we approve resolution number 200, authorize the Mayor to sign and the Clerk to attest. Rountree: Second. Corrie: Motion made by Mr. Bentley second by Mr. Rountree to authorize the resolution #200 signed by the Mayor and attested by the City Clerk. ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, abstain. MOTION CARRIED: 3 ayes, 1 abstain. ITEM NO. 8: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT BY EAGLE PARTNERS — NORTHWEST CORNER OF EAGLE ROAD AND MAGIC VIEW: Corrie: Council you have the conditional use permit Findings of Fact and Conclusions of Law by the Planning and Zoning Commission. Any comments, discussions? Rountree: I guess I just have a process question for Mr. Gigray. We're seeing some things in different formats these days and this is a format that I don't think any of us are familiar with. It starts out as a Findings of Fact and Conclusions of Law and Order of Decision in reference to the statement on the last page it refers to this Order and Decision. Page 29. Gigray: That can be changed. Rountree: One and the same or should it be of? AV MERIDIAN PLANNING & ZONING COMMISSION MEETING: JUNE 9, 1998 . APPLICANT: EAGLE PARTNERS AGENDA ITEM NUMBER: 4 REQUEST: ANNEXATION & ZONING OF 4.13 ACRES TO C -G AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 5112198 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: ' CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET 'NAME COMMITTEE: t/ CENTRAL DISTRICT HEALTH: G G�� G NAMPA MERIDIAN IRRIGATION: �l SETTLERS IRRIGATION: iumrl rvvvF-R. v �/ US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHFR: All Materials presented at public meetings shall become property of the City of Meridian. .�9 i JUN -15-1998 ARCHITECTS BRS Architects. AIA 1087 West Riuer Street. Suite 160 Boise, Idaho 83702 Adephune 208 336.8370 Fax 208336.8380 16:46 BRS ARCHITECTS City of Meridian 33 East Idaho Street Meridian, Idaho 83542 Attn: Will Berg Dear Mr. Berg: 208 336 8380 P.02i02 J June 15, 1998 ' RECENED JUN 15 1998 CITY OF MERIDIAN On behalf of the applicant, Eagle Partners and the architect of record, Billy Ray Strite, we are requesting deferral for MCU - 43-97 to City Council hearing scheduled for July 21, 1998. Mr. Strite will be absent for the July 7 City Council hearing and in an effort to maintain consistent representation we are requesting deferral until he can attend on Eagle Partners behalf. Sincerely, BRS ARCHITECTS Roger D. Foster RDF/Ii cc: Eagle Partners - Steve Eddy Ellis, Brown & Sheils - Steve Brown Spink & Butler - JoAnn Butler TOTAL P.02 JUN 15 '98 16:25 208 336 8380 PAGE.02 JUN -15-1998 16:45 ARCHITECTS BRS ARCHITECTS 208 336 8380 P.01i02 • � a FAX TRANSMITTAL 1087 WEST RIVER STREET SUITE 160 BOISE, ID 83702 (208) 336-8370 FAX 336-8380 TO: Meridian City Hall FROM: Roger D. Foster PROJECT NUMBER DATE 9646 1 6/15/98 ATTN: NO OF PAGES Mr. Will Bere 2 RE: Eagle Partners, MCU43-97 Request for deferral to July 21, 1998 City Council Hearing. IF YOU DO NOT RECEIVE ALL PAGES OF THIS FACSIMILE PLEASE CALL SENDER AT (208) 336-8370 JUN 15 '98 16:25 208 336 8380 PAGE.01 0 • Planning and Zoning Commission May 12, 1998 Page 4 ROLL CALL VOTE: Borup, yea. MacCoy, yea. Smith, yea. Nelson, yea. MOTION CARRIED: All yea. Johnson: Is there a decision of recommendation you wish to pass on to City Council? MacCoy: Mr. Chairman, the decision of recommendation of the Meridian Planning and' Zoning Commission hereby recommends to the City Council, the City of Meridian that it grant the conditional use permit requested by the applicant for the property described;in the application. The application be approved, the applicant shall satisfy the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council, and the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code, parking requirements, and the paving and landscaping requirements and all ordinances of the City of Meridian. The conditional use shall be subject to review upon notice to the applicant by the City. Smith: Second. Johnson: I have a motion and second to pass the decision of recommendation on as read by Commissioner MacCoy. All in favor? MOTION CARRIED: All ayes. --� Prior: Chairman, if I may for just a moment. In regards to items number 7 and 8, 1 did make a — just in regards to my memo, you mentioned that you would say something about the memo that I submitted. 1'd like to remind you. Johnson: Yes, I didn't want to put you to all the trouble of writing that and then not giving you recognition. Prior: It was rather time consuming. Johnson: I'll read what this memo says if I can find it. This is with respect to Eagle Partners project, items 7 & 8. This is a request for the Planning and Zoning Commission to defer a recommendation on the Eagle Partners project. This is a letter from John Prior, City Attorney to Planning and Zoning Commissioners. The reason for the deferment request is that the ACHD Commission has not sent a decision to the City of Meridian on the road through the proposed Eagle Partners project. I believe that it would be premature for the commission to make a recommendation to City Council without a commitment from the ACHD commission on the proposed road. It has come to my attention that the ACHD commission will discuss the matter at their May 20th Planning and Zoning Commission May 12, 1998 Page 5 meeting. After the Planning and Zoning Commission receives the decision from the ACHD commission, the necessary parties can be notified and a public hearing can be called to allow all interested parties to submit comments and offer testimony. Thank you John. Prior: Just one other brief comment, and I will try to be brief. Johnson: That will be hard for you, but go ahead. Prior: 'That's one. You'll get three, and then you're out. The other thing is that I'm going to ask and I'll be submitting a request to the Chairman and the commission that we hold a special meeting on this particular project. This applicant has waited a long time. It is of no fault of theirs that the ACHD Commission did,not submit a final determination. Both of their attorneys representing Eagle Partners requested that I ask for a special meeting, and I don't have any problem with that, unless other staff has a problem regarding this particular project and concerns that need to be addressed. Johnson: The key to that is probably picking the date and really figuring out how much time you are really going to save them. Sometimes special meetings don't save much time. Prior: But in their own interest, they have some contract issues in regards to this project particularly some of the tenants, that if this project isn't approved or they don't make a decision in a relatively short period of time in all likelihood, they are going to lose the ability to have those tenants occupy those spaces. So I think they shouldn't be penalized for the Ada County Highway District's failure to provide us with the necessary documentation: And that's all. Johnson: Good point. It has a familiar ring to it. Prior: That's two. Johnson: Item number nine. Borup: Mr. Chairman, do we need to do anything on continuing number 7 and 8. Johnson: We had a motion`to defer. We did 6, 7 & 8 all at once. Didn't we? Okay, I'm way ahead of myself. Sorry about that. Yes. Borup: Are we looking at a special meeting time. If that's the case, we need some discussion on that. Planning and Zoning Commission May 12, 1998 Page 6 Johnson: That kind of hinges on when you are going to get the report from ACRD. They meet the 20th, but that doesn't mean that's when you'll get their decision or the minutes of their meeting. It still hinges on getting that information. Borup: Mr. Chairman, I move we defer items 7 and 8 to future date to be determined. June 9th meeting. Smith: Second. Johnson: Then he can't have a special meeting, that's what you are saying. Borup: Right. Johnson: You can call a special meeting even though you deferred it to a date certain. Borup: Okay. We had a second. Johnson: But we don't know what ACHD is going to do is my point. You know they may defer it. You don't even know if they are going to take action. Smith: We just think they are going to that's all. Johnson: Okay, can we move on to 9? Borup: Do you want to vote on that motion? Johnson: We have a motion and second. All in favor? Opposed? MOTION CARRIED: All ayes. Johnson: Now, I want to move on. ITEM NO. 9: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A HOME DAY CARE — WENDELL & KATHLEEN LAWRENCE — 889 N. FILLMORE WAY. Johnson: Discussion, comments, changes, corrections regarding these Findings of Fact and Conclusions of Law prepared by our City Attorney. Nelson: Mr. Chairman, I would like to make a comment. On the cover letter it refers to this as a conditional use permit for home day care (6 to 12 children), but in fact that's 13 to 24. GGin-C SUSAN S. EASTLAKE, President4 GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary Mr. John Pryor, Esquire City Attorney Meridian City Hall 33 E. Idaho Meridian, ID 83642 Re: MCU -43-97' `Eagle Partner L Dear Mr. Pryor: MAY 14 1998 CITY OF MERIDIAN May 13, 1998 i. ,y 6 F J + w ' Eagle Road at Si.Luke's Driveway a 1 As a follow-up to our conversations of last Friday', this letter is to update you and the City Planning Commission of discussions regarding the subject application at a special meeting held March 5, 1998 between Idaho Transportation Department staff, the Meridian City Council'and the Ada County Highway District Commission. During that meeting, the Commission and., Council members discussed the future land uses .that may develop on the properties west of Eagle Road and how the intensity of that development„would or would not create a demand for a second street connection to Eagle .Road. As the discussion progressed, the City Council members acknowledged that the City's land use decision was critical to the decision-making process of the Highway District, and that the land use decision should be made prior to the District's review of the conditional use permit. The Commissioners offered assistance to the City in the form of a variety of land use scenarios and the resulting trip generation volumes that would result. I At last month's Planning Commission meeting, ACHD's Manager of Traffic Services Terry Little presented those scenarios to the Planning Commission for their use in making a { recommendation on the annexation and zoning of the subject property. It appears that the Council had not communicated with the Planning Commission and the Planning Commission did not know what to do with the data that Terry presented. On behalf of the ACHD Commission, I recommend that the City take the following action: 1. Separate the conditional use application from the annexation and zoning request and decide them separately. 2. Carry the annexation and zoning request to the City Council and make the determination of zoning for the subject property. 3. The Highway District will then act on the conditional use permit, and make specific findings and recommendations to the City'relative to the 'site plan for this'parcel. Those 1 Acu\mcu4397.1t1 I ada county highway district 318 East 37th • Boise, Idaho 83714-6499 Phone (208) 387-6100 • FAX (208) 345-7650 a E-mail: tellus@achd.ada.id.us - d recommendations will state whether or not the District needs to acquire right-of-way from this parcel and, if so, how much land will be necessary. 4. The City can then proceed with the processing of the conditional use permit. 5. ACHD will acquire the right-of-way for the appropriate roadway configuration. I understand that the City of Meridian prefers to process requests for change of zoning and conditional use permits together, but this places the District in the position of assuming that every zone change request will be approved, with the result that the District must attach site specific requirements to every request. The District has been criticized in the past for this action, becauseit appears.that the District is interfering• in the land use decision-making process: The District is extremely concerned about that appearance, particularly in this situation in which different decisions by the City will make significant differences in the transportation requirements relative to the future development of the land west of Eagle Road of which this, parcel is the keystone parcel. If non-residential zoning of the property"is approved by the City, a new roadway into the area is critical to provide safe and adequate access to the arterial system. I hope this information will be useful to'you and the Meridian Planning Commission and the City will separate the land use decision from the conditional use decision so that the Highway District can make meaningful comments to the City for the future development of the area. Please call me if you have further questions in this matter. My number is 387-6172. Sine y, rry Sa Plannin and Development'Services Supervisor d cc: Chron. Project File Traffic Services Director Commission JoAnn Butler, Esquire Billy Ray Strite, AIA • I BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION EAGLE PARTNERS LLC APPLICATION FOR ANNEXATION AND ZONING 603.SOUTH EAGLE ROAD NORTHWEST CORNER OF -EAGLE ROAD AND MAGIC VIEW DRIVE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for public hearing on April 14, 1998, at the hour of 7:00 o'clock p.m.,. the Applicant's Representative, Joanne Butler, appearing personally, 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: I FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 6-4-98 --:Final i 2. The property included in the application for annexation a and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 4.13 acres in size. The property is located in the northwest corner of Eagle Road and Magic View Drive. 3. The Applicant is the record owner of the property. 4. The property is presently zoned by Ada County as Rural Transition (RT), and is used primarily for agricultural purposes. The Applicant requests the property be zoned (C -G), General Retail and Service Commercial. The Applicant has requested the annexation and this zoning, and the application is not at the request of the City of Meridian. 5. The Applicant intends to develop a Chevron C -Store, McDonalds with a drive -up window, and an Idaho Power Company Credit Union with a drive -up window. 6. The property is located at 603 South Eagle Road. The, property adjoins the city limits of the City of Meridian. 7. The Applicant's Representative, Joanne Butler was sworn in by the Assistant City Attorney. Mrs. Butler noted areas in the immediate vicinity that have been annexed by the City. She asked, that if the request is denied, could the Commission specifically state the reasons for the denial. Mrs. Butler noted that the proposed annexation is adjacent to and abuts the City limits and is within the area of impact. She noted that the applicant is the owner of record of ,the property and requests that the whole FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2' ANNEXATION AND ZONING - EAGLE PARTNERS LLC 6-4-98 -- Final i parcel be annexed. The applicant intends to build a Chevron service station, McDonalds Restaurant with drive -up window and an t Idaho Power Credit Union facility with a drive -up window. She noted that the property can be served with both City water and sewer. She noted that sanitary sewer will be from the extension of an existing line. She noted that zoning of this parcel would be consistent with the Comprehensive Plan. She noted the land has been designated as mixed planned use development on the land use map of the Meridian Comprehensive Plan. She noted that the integrity and identity of adjoining residential areas can be preserved, through the use of buffering, screening, and landscaping techniques. She acknowledged that the development should be conducted as a conditional use especially `when there are more than two uses, like this project. She acknowledged that all reasonable efforts should be made to reduce the impact, of noise and traffic on residential areas. She noted that ACHD was there to offer comments and request support for their decision. Mrs. Butler concluded by requesting that the Commission recommend approval of this project by Eagle Partners. 8. Billy Ray Strite started his testimony by noting that the most pertinent item to be discussed was what could be done to minimize impact on the neighborhood to the north. He noted that ACHD and ITD met with the City Council and determined that. a roadway should be placed on the north boundary of the site. He noted that the roadway would be 108 feet of the right of way for a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 674-98 -- Final 3 future five lane road. He noted that the uses of the project have been moved to the south. He noted that the conditional use is for the drive-thru; he acknowledged that the only drive-thru with speakers would be the Chevron/McDonalds. He noted that the speaker system will be generally located on the south westerly portion of the site. He noted that there will be no speaker system on the Idaho Power Credit Union facility and because of concern for the traffic, they have moved the drive-thru to the south side of the building. He noted that the stacking lane for the Chevron/ McDonalds is on the south side of the building. Mr. Strite noted that the plans call for a 20 foot buffering on the north side of the Credit Union and an additional fifteen feet of landscaping between the Credit Union and the Chevron McDonalds. Mr. Strite noted that the developer will build a solid wood fence that runs from .the southerly boundary of Magic View north until it reaches the new 108 feet of right-of-way roadway section. Mr. Strite concluded by requesting that the Commission make a recommendation in order to move the project forward as the project has been pending for almost 2 ',� years. 9. Mr. Richard Williams began his testimony by requesting that the Findings of Fact and Conclusions of Law of February 1997 on the project be entered into public record. He noted that the Findings of Fact were denied for the project by the City Council. Mr. Williams noted that the project severely impacts the residential neighborhoods. He noted that there will be a 108 foot FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 6-4-98 -- Final right of way in the residents' back yards, not including the McDonalds. He noted that a conditional use requires a community necessity and the Chevron station is a community necessity. He noted that the project does not conform to the Comprehensive Plan. Mr. Williams requested that a moratorium be imposed on the whole area to allow the proper planning for the area. Mr. Williams concluded by noting that the project was not proper planning for the area. Commissioner Nelson asked Mr. Williams what he would like, to see on the site. Mr. Williams noted that he would like to see' it developed as a professional office. 10. Mr. Harvard D. Hanks noted that the traffic in and out of Magic View Drive would become more difficult with the addition of a new service station. 11. Mrs. Beverly Sherman's testimony pertained to the fact she is a mother of two young children, and that she does not like a gas station that close to her residential neighborhood. She is concerned about the contamination of the groundwater. She noted that there are no specifics in regards to the proposed road and does not think there needs to be a gas station'there. 12. Mr. Gary Skeen stated he is the representative for Idaho Power Federal Credit Union. Mr. Skeen noted that his business would be a good buffer for the nearby residents. The hours of operation are 9:00 a.m. to 5:30 p.m., and they are not open on weekends. Mr. Skeen requested approval of the project. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 6-4-98 -- Final 1 13. Mr. Dave Pearcy stated his concern about traffic getting in and out off of South Eagle .Road and Magic View Drive. He felt that another road where the present light is located would help alleviate the traffic congestion. 14. Mr. Chuck Horel wanted to know if the proposal was for a subdivision. Chairman Johnson clarified the issue noting that the Credit Union is a tenant of Eagle Partners. 15. Mr. George Kyler stated that he represents McDonalds Corporation. He also noted that he has made an attempt to contact neighbors and discuss the proposal but very few neighbors have attended the meetings. Mr. Kyler noted that he took issue with people claiming the exhaust from his restaurant creates an unpleasant odor. He noted that his restaurant uses electro -static filters. He felt it was., unjustified to accuse his corporation of providing low paying jobs to communities. He noted that 670 of the employees who work at the Meridian McDonalds live in Meridian. 16. Mr. Dick Moore's testimony was as follows: He noted that he approves of the project and that he would like to see it proceed. His intent when he moved to the area was to subdivide when the covenants expired. 17. Mr. Terry Little= testified that he is employed by the A.C.H.D. He noted that they have studied Magic View Drive along with ITD'and that it lacks adequate spacing from the interstate for safe operations. Mr. Little noted that putting a street across from the St. Luke's light would help alleviate the traffic FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 6-4-98 =- Final 8 4 concerns. He felt that five lanes at the intersection and then`lat about 300 feet back go to three and hook to Magic View would be adequate for many years in the future. He noted that Eagle,Road is the most important arterial street in the county. Mr. Little stated: "Today its nearly 30,000 in that section which is like a 3 Fairview type traffic volume pretty much although it flows much better because access is limited on it and you don't have the side street conflicts, we believe we have to control those side street conflicts, and this road that was proposed is one way to do that and we believe its the best way." Commissioner Nelson inquired whether ITD was in agreement that only one signal light be permitted. Mr. Little noted that ITD was in agreement that the only signal light should be at the St. Luke's entrance. r 18. Mr. Patrick Nickel acknowledged that the economics of this particular parcel makes office development cost prohibitive, and that commercial development is more logical. 19. Mr. Richard Williams re -addressed the Commission. He inquired to the why, if Eagle Road is a limited access road, does A.C.H.D. want to add another access within 1600 feet. Mr. Williams expressed his concern that the newly proposed road might be extended to Locust Grove Road. Mr. Williams noted that if the new road is connected to Magic View it would cost the taxpayers $750,000.00 to construct the road. He also noted that ITD's decision was a staff level decision and he believes the board of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 6-4-98 -- Final ITD may not be in total agreement with their decision. Commissioner Smith inquired as to what Mr. Williams would like to see at the site. Mr. Williams reiterated that he would like to see it turned into professional office space. Commissioner Smith inquired whether Mr. Williams agrees that a 8:00 to 5:00 use would be preferable to a 24 hour, 7 days a week use. Mr. Williams agreed that he would like to see an office type' development for professional people. 20. Mrs. Butler addressed the Commission again. She noted that the area is designed for mixed use and that the proposal does conform to the standards set forth in the Comprehensive Plan. Mrs. Butler noted that the issue of pollution came up in regards to the service station. She noted that there are extensive regulations governing the service station business. Mrs. Butler requested that the Commission deliberate on the testimony and make a decision tonight. 21. Mr. Billy Ray Strite requested permission to address the Commission again. Mr. Strite noted that a study indicated that there were 5 scenarios provided for the 75 acres west of the project and four out of the five required 108 feet of right of way as proposed with the 30 feet buffer. He also noted that even if the 75 acres went all residential, the road would still be there. Mr. Strite also noted that 24 hour count on Eagle Road indicates that traffic drags to 100 of peak use after 10:00 p.m. Commissioner Borup asked Mr. Strite about the accuracy of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 6-4-98 -- Final 22,000 vehicle trips a day on Eagle Road. Mr. Strite noted that the figure on Eagle Road is closer to 30,000 cars a day. Commissioner Borup inquired about the traffic count on the new 108 foot right of way. Mr. Strite noted that Terry Little from ACHD could answer that question. Commissioner Borup inquired about why the two other Chevron stations are not in compliance with the City ordinance. He noted that the lighting at the other stations violates City code. Mr. Strite noted that he cannot answer about the other Chevron stations but the proposal is to use recessed fixtures on the new proposed Chevron station. Commissioner Maccoy noted his displeasure with the lighting situation at the Meridian First Street Chevron. Commissioner Smith inquired about the material, overall height and scale of the proposed credit union building. Mr. Strite noted that the building would be 60 x 90 feet with a 4 `and 12 pitch. It will have asphalt decor shingles. EIFS or stucco will border at the bottom of the wains coat of dark colored brick. There will be four large columns supporting a canopy `A' type roof entry supported by two columns. Commissioner Smith inquired about the 3 lanes for the Credit Union drive-thru. He wanted an explanation about the drive-thru lanes. Mr. Strite noted that the third lane is a bypass lane and the other two lanes would be used for banking. He also noted that the south wall of the entry will have a walk up ATM. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 6-4-98 -- Final is 1 Commissioner Smith inquired about the 105 parking space's asihe estimates only 57 would be required. Mr. Strite noted that McDonalds requested additional parking and there is the possibility of expanding the credit union to 5,000 square feet. Commissioner Smith stated he would like to see some of the extra parking turned into landscaping along Eagle Road. Mr. Strite noted that :the landscaping exceeds the 5% minimum. Commissioner Smith inquired about the berm along the proposed roadway to the north. He noted that the plans call for maintenance by others.- He wanted to know who is the `others". Mr. Strite noted that the property will no longer belong to the applicant and it was his understanding that ACHD would care for the berm. He noted that once ACHD takes the property it is no longer part of the Application. 22. Rod Truax testified that he lives near the northwest corner of the project. He noted that the plans proposed are a significant improvement over the original proposal. He noted that the roadway is still a major concern. Mr. Truax noted that he would like to see the Chevron building rotate a full 180 degrees and put the canopy and lights on the other side of the building in case Chevron decides to put in "their own landing lights." 23. Mrs. Butler again addressed the Commission. She noted that the concern over the other Chevron store's lighting was discussed with Shari Stiles. She noted that the reason the Chevron is proposed today is because of requests from neighbors. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 6-4-98 -- Final 3 24. Planning and Zoning Administrator, Shari Stiles, addressed the Commission stating there was a conversation and letter sent out by Dean Ehlert, Code Enforcement Officer, requesting that Chevron address the lighting issue. U 25. The Assistant City Attorney requested that the station owner address the issue of the lighting at the other Chevron stations. 26. Mr. Steve Eddy addressed the Commission stating he 'has had more positive comments about the lights. Further, he noted he met with the Mayor about the lights. He noted that the Mayor felt the Locust Grove- location was a safer, more inviting environment because of the lights. Mr. Eddy noted that two guys signed off on the occupancy permit for the station. Commissioner Smith inquired about whether the canopy lighting was included in the set of plans. Mr. Eddy responded that "the typical canopy light is 400 watts, metal halite bulb, and it., is common throughout the industry. Mr. Eddy noted that the lights proposed for the new Eagle Road were a full flush surface mount that had no visual effect from the side. He .noted that it would be like the lights at the Chevron on Garrett and Chinden. Commissioner Smith inquired about the reason for removing the lights on the East First Chevron and putting others in. Mr. Eddy stated "East First has I think 21 canopy lights and we replaced those just for a brighter image at that stations and I haven't heard one complaint on that station. This is the first FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 6-4-98 -- Final 1 time that's been brought up here at this meeting on the East First Station." a Mr. Eddy also noted that Locust Grove's biggest problem is there are too many lights and if some were removed, it would fix a lot of the problem. 27. Chairman Johnson inquired about the ownership of the proposed property and whether it will be rental property. Mr. Strite noted that the property is eligible for one split and that would allow it to be split into 2 parcels, one to Idaho Power Credit Union and the other would remain with the Applicant. 28. Commissioner Nelson wanted to know more about the proposed roadway, its traffic counts, and vision for future development. Mr. Little noted that there were 2 options. Option A and B with long and short term variations of each. Each option varies in respect to how many lanes are at the intersections and how far those lanes extend down the roadway. Mr. Little noted that ACHD staff recommendations are to follow variation B. Commissioner Borup inquired about extending the roadway west and how that would affect trip figures. Mr. Little noted that the figure was based on the connector to Magic View. He didn't envision at this point extending the roadway further west along the residential property lines. 29. There was no further testimony 'given at the hearing. 30. The Assistant to the City Engineer, Bruce Freckleton, and the Planning and Zoning Administrator, Shari Stiles, submitted general comments and site specific comments. Their general comments and site FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 6-4-98 -- Final specific comments are incorporated herein as if set forth in full. Their general comments included the 3 following: ¢ { 1. This application is for a parcel of land across S. Eagle Road from the St. Luke's West site, and north of the newly constructed Jackson's Food Store. The legal description for annexation included in the application doesn't include a portion of the S. Eagle Road right-of- way between the subject site and the St. Luke's site. Applicant shall submit an annexation perimeter legal description for the proposed site. The legal description shall include all those portions of adjacent public rights-of-way contiguous to the Corporate City Limits of the City of Meridian (Ord. No. 659, 8/2/94), and 1-2 of all other adjacent Public Right -of -Ways. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the existing city limit boundary. 2. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. P 9 4. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning, and Development Ordinance and/or as detailed in site- specific requirements. 5. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4. and 11-2- 414.D.5. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities (ADA) requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 6-4-98' -- Final 0 0 i 6. 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. All site drainage shall be contained and disposed of on-site. 7. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2- 414.D.3. t 8. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 9. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 10. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.8. 11. All construction shall conform to the requirements of the Americans with Disabilities Act. The site specific comments were as follows: 1. Sanitary Sewer service to the proposed site could 'be to the existing line installed in Magic View Drive directly adjacent to the south. 2. Water service to the proposed site could be to the existing water line installed along the northerly side of Magic View Drive. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site.. 3. The treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary' sewage generated by this proposed development. positive results from a hydraulic � our commpute-r—mod Flow �r sure from the existing mains should onito�ea—w he Meridian Water Depart -tt t determine whether a booster ould be required to provide adequate fire protection to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 ANNEXAT-<ION AND ZONING - EAGLE PARTNERS LLC 6-4-98 -- Final �w� b sv�j �--6- A minimum of 68 three-inch caliper trees is required for the paved square footage proposed. Please review the landscaped plan showing sizes and quantities of plantings. -7-. The existing lighting at the two Meridian Chevron stations is not in compliance with City Ordinance, and requests to conform have been ignored. Particular attention needs to be paid to lighting plans. 1 -$: A minimum 35 -foot -wide landscape setback beyond required right-of-way on Eagle Road is required as a condition of annexation. �� The proposed roadway north of the proposed Idaho Power Credit Union needs to be dedicated as a public roadway with a stub to the west. Future development in this area will need to have proper access to the traffic signal=. Applicant shall be responsible to install a water main within the right-of-way of the new street along the north boundary of the proposed site. Location and sizing of the new main should be coordinated with the Meridian Water Department. _ILL, No signage details were submitted. Detailed signage plans must be included as part of this application for review and approval. iD. ),I-' A development agreement is required as a condition of annexation. 31. The Meridian Sewer Department comments were as follows: That pretreatment will be required and addressed on the building i permit application redlines. 32. The Nampa & Meridian Irrigation District submitted FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 6-4-98 -- Final �h%rd f-lc�or-of--the-heel- r��_'_di ng . .� Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees. will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. �--6- A minimum of 68 three-inch caliper trees is required for the paved square footage proposed. Please review the landscaped plan showing sizes and quantities of plantings. -7-. The existing lighting at the two Meridian Chevron stations is not in compliance with City Ordinance, and requests to conform have been ignored. Particular attention needs to be paid to lighting plans. 1 -$: A minimum 35 -foot -wide landscape setback beyond required right-of-way on Eagle Road is required as a condition of annexation. �� The proposed roadway north of the proposed Idaho Power Credit Union needs to be dedicated as a public roadway with a stub to the west. Future development in this area will need to have proper access to the traffic signal=. Applicant shall be responsible to install a water main within the right-of-way of the new street along the north boundary of the proposed site. Location and sizing of the new main should be coordinated with the Meridian Water Department. _ILL, No signage details were submitted. Detailed signage plans must be included as part of this application for review and approval. iD. ),I-' A development agreement is required as a condition of annexation. 31. The Meridian Sewer Department comments were as follows: That pretreatment will be required and addressed on the building i permit application redlines. 32. The Nampa & Meridian Irrigation District submitted FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 6-4-98 -- Final 0 0 comments requiring a Land Use Change/Site Development application be filed for review. Additional comments were that all laterals and wasteways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review the drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 33. The Central District Health submitted comments, which respective comments are as follows: After written approval from the appropriate entities were submitted they could approve the proposal for central sewage and central water. They also require plans be submitted for a plan review for a food establishment. The stormwater run-off will be managed with an appropriate Best Management Practice. 34. The Meridian Fire Department submitted the comments that this would not affect the Meridian Fire Department. An additional comment was that all codes would need to be met, such as water supplies, sprinkler systems and hydrants. 35. The State of Idaho Transportation Department's letter to Doug Houston of Olson & Associates Architects included the following comments: That the proposed approach in the full control a of access area is not acceptable. The full control area is necessary to maintain adequate traffic operations on Eagle Road in the vicinity of the interchange. The approach location could be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 6`=4-98 -- Final • moved to the north to provide an access that would be acceptablelin;„ the partial control of access area. I 36. The Ada County Highway District Staff submitted roadway proposals. The Ada County Highway District Board did not approve or submit a final determination of the roadway project for this development. 37. The Meridian Police Department had no comments. 38. The property is adjacent and abutting the present city limits of the City of Meridian. 39. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 40 The entire parcel of the property is included within 'the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 41. The property can be physically serviced with City water and sewer; if applicant extends the lines. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and df the. Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. The City of Meridian has authority to annex land FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 6-4-98 -- Final A pursuant to Idaho 'Code Section 50-222 and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian. The exercise of the City's annexationauthority is a legislative function. 3. The Planning and Zoning commission has judged this annexation and zoning application under Idaho Code Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it `and things of which it may take judicial notice. 4. There has been compliance with all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian. 5. The Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. The land within the proposed annexation is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. The annexation application has been initiated by the Applicant, and is not upon the initiation of the City of Meridian. 8. Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into commercial uses and other uses. 9. The following pertinent statements are made in the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 6-4-98 -- Final • • q i a Meridian Comprehensive Plan and are specifically applicable to this Application: 1. Under ECONOMIC DEVELOPMENT COMMERCIAL ACTIVITY CENTERS at page 17 - Retail, commercial and office development are frequent partners within Commercial Activity Centers. In order to support residential and industrial developments, areas -should be set aside as Commercial Activity Centers and their development carefully guided. Various commercial activity centers are designated on the generalized land use map. Planning policies pertaining -to commercial activity centers are presented in the land use chapter of the plan. MIXED -PLANNED USE DEVELOPMENT AREAS at page 17 Mixed use is a planning category which refers to the coordinated development of several major uses as part: of a single project, such as specialty retail/commercial, variable density residential, offices, motels, industrial, service, commercial, and public and semi-public uses., Certain areas have been designated for mixed -planned uses. The development of mixed and planned compatible land uses should be carefully guided through specific project plans, in accordance with the mixed-use policies contained in the Land Use chapter of the Plan. Economic Development Goal Statement Policies, Page 18 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1-.3 The character, site improvements and type of new commercial or industrial developments FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 6-4-98 -- Final I should be harmonized with the natural environment and respect the unique needs and features of each area. 1 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. (Emphasis added.) 2. Under LAND USE EXISTING CONDITIONS, Page 21 Commercial and retail areas are established along major arterials, and include 'small commercial center and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. Area of Impact, Page 22 Comprehensive Plan Map The proposed future land use delineations for 'the impact area are shown on the Comprehensive Plan Map - Generalized Land Uses, . . . The land use element is based upon these objectives: 4. Planned mixed uses along I-84, Franklin Road, U.P. Railroad, and Fairview Avenue corridors. (Emphasis added.) COMMERCIAL ACTIVITY CENTERS, Page 25 In all cases, the locations of Commercial Activity Centers should be guided by performance and developments standards. These standards consider, among other aspects: 1. Traffic Volume and Type 2. Trip Generation 3. Impacts on Arterial Street System 4. Proximity to Other Commercial Development 5. Impacts on Neighborhood Residential Areas 6. Accessibility of Site 7. Parking Demands 8. Pedestrian Circulation 9. Available Utility Systems FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 6-4-98 -- Final F 10. Aesthetics (Design Considerations) I 11. Use Impacts Upon Other Adjacent Uses j 12. Internal Circulation Design 13. Drainage COMMERCIAL POLICIES, Page 26 4.6U Community shopping centers will be encouraged to locate at arterial intersections and near high -traffic intensity areas. (Emphasis added.) 3. Under TRANSPORTATION, Page 43 Existing Conditions a. Eagle Road, North of Overland, is listed as a principal arterial 3 4. Under COMMUNITY DESIGN, at Page 71 Communitv Identification Goal Statement Create visual quality and functional identity for the City of Meridian and its surrounding environment. Policies 1.1 All commercial and industrial developments should be reviewed by the City for adequate site planning. 1.3 Open space areas within all development should be encouraged. 1.4 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. Special Community Design Areas Goal Statement 2.1U Require businesses and government to install and maintain landscaping. 2.2U Encourage area beautification through uniform sign design that enhances the community. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 6-4-98 -- Final 2.3U Encourage the beautification of streets, parking lots, public lands, and state highways. 2.5U Encourage the use of attractive open space, landscaping, lighting, and street furniture for the benefit of the public. Entryway Corridors Entryway corridors are arterial roadways entering the community that introduce both visitors and residents to Meridian. City -designated gateway arterials include the following streets: I p. Eagle Road (North and South entrances) ` Entryway corridors are a community's front door. It is acknowledged that the corridor's trees (or lack thereof), commercial signage, and site character provide the first, and often times .the most lasting, impression of the entire community. Therefore, the entire community and, most specifically its governing bodies, have the right and the responsibility to guide the development and redevelopment that occurs along entryway corridors. Entrance Corridors Goal Statement Promote, encourage, develop and maintain aesthetically -pleasing entrances to the City of Meridian. Policies 4.2U Support ACRD corridor development standards for the entryways to the City. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscaped business or residential development on entrance corridors. 4.4U Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 6-4-98 -- Final 11 L� 0 Quality of Environment Goal Statement Policies 5.2U Ensure that all new development enhances rather than detracts from the visual quality of "its surroundings, especially in areas of prominent visibility. 10. The property is included within an area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan as a Mixed/Planned Use Development area and a commercial designation is just to the south of the parcel. 11. The requested zoning of. General Retail and Service Commercial, (C -G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: (C -G) General Retail and Service Commercial: The purpose of the (C -G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian,,and shall not constitute strip commercial development and encourage clustering of commercial development. 12. That. Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, Commercial, lists commercial uses allowed in the various zoning districts of the City; that drive-thru's are listed as conditional uses in the General Retail and Service Commercial (C -G) district. 13. That the City of Meridian Comprehensive Plan, under LAND USE, Mixed -Use Area at Eagle Road, in 5.16U, states that all development requests will be subject to. development review and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 6-4-98 -- Final I { i 9 7 conditional use permit processing to insure neighborhood compatibility. 14. Therefore, by the authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for. Applicant to construct and operate any stores or facilities on this parcel of land. 15. That Planned Development is defined in 11-2-403 B, at page 20 of the Zoning Ordinance booklet, as follows: An area of land which is developed as a single entity for a number of uses in combination with or- exclusive of other supportive uses. A PD may be entirely residential, industrial, or commercial or a mixture of compatible uses. A PD does not necessarily correspond to lot size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in any one or more created districts or this Ordinance. and a Planned General Development is defined as follows: A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complimentary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses. and a Planned Commercial Development is defined as follows: Any development in which, the principal use of land is for commercial purposes. 16. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 6-4-98 -- Final subdivisions of the state, including school districts, toa deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon =current residents to accommodate the subdivision. that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in: population is burdening the schools of the Meridian School District which provide school service to current and future" residents of the City; that the City knows that the increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation "services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students; that the industrial and commercial developments do provide taxes for providing fire, police, emergency health care, water, sewer, parks and recreational services for.people that are here, and which will come here. 17. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which,' if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 6-4-98 -- Final safety of the citizens of the City of Meridian. 18. That Section 11-9-605 G 1. states as follows: I Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal.street right. of way or utility easement. 19. That.Section 11-9-605 L states, in part, as follows: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing, or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 20. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: The City's policy is to encourage developers of land development and construction projects to utilize the provisions.of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan . . . 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses. 21. That 11-9-607 E, of the Subdivision Ordinance, states in part as follows: A PD shall be allowed only as a Conditional Use in each district subject to the standards and procedures set forth in the Section. A PD shall be governed by the regulations of the district or districts in which said PD is located. The approval of the Final Development Plan for a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, signs, and other regulations as may be desirable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this Section. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 26 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 6-4-98 -- Final J 22. That 11-9-607 F, of the Subdivision Ordinance, states in part as follows: 1. Planned Developments - Planned developments shall be subject to requirements set forth in the Zoning Ordinance and also subject to all provisions within this Ordinance. . . . 8. Financial Guarantees - The developer shall post financial guarantees 'for all approved on-site improvements if required pursuant to 9-606 C. 23. Since the annexation and zoning of land is a legislative. function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 24. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to Section 11-9-616. which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems% 25. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 26. Section 11-2-417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner`' or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption, of the ordinance FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 27 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 6-4-98 -- Final 0 ,, 0 annexing and zoning the property, or prior if agreed to by the owner of the parcel. It is concluded, however, that it is more appropriate to enter into a development agreement for the development of the property, and therefore as a condition of vannexation, a development agreement must be entered into prior to development of the property or issuance of final plat approval. 27. As a condition of annexation and the zoning of (C -G) General Retail and Service Commercial, the Applicant shall enter into a development agreement as authorized -by 11-2-416 L and 11-2- 417 D. The development agreement shall address, but not be limited to, the following matters: a. Inclusion into the development the requirements of 11-9-605; b. Payment by the Applicant, or if required, any successors in interest, assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City; C. Addressing the property access linkage, screening, buffering, transitional land uses and traffic study; d. An impact fee, or fees for fire, police, emergency health care, water, sewer, and parks and recreation services as determined by the City; e. Appropriate berming and landscaping; f. Submission and approval of any required plats; g. Submission and approval of individual building, drainage, lighting, parking, and other developmental plans of the property; h. Harmonizing and integrating the site improvements with the surrounding residential development and other development; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 28 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 6-4-98 -- Final S i. Addressing and complying - with the present general and site specific comments of and the comments hereafter made by the Planning and Zoning Administrator; j. Addressing and complying with the present general and site specific comments of and the comments hereafter made by the City Engineer and the Assistant to the City Engineer; r k. Addressing and complying with the comments and requirements of the Ada County Highway District; 1. Addressing and complying with the comments and requirements of other governmental agencies submitting comments; M. The sewer and water requirements; n. Traffic plans and access into and out of any development; and o. Submission and approval of all signage plans including but not limited to` pole signs, reader boards, banners, etc., and specifically any "golden arches" type signage associated with the McDonalds and any outside signage associated with the Chevron Gas Stations. These conditions shall be in addition to the requirements of Meridian's sign ordinance. . p. Any other items or matters deemed necessary by the City Staff, including design review of all development, and conditional use processing. 28. That Section 11-2-417 D of the Meridian Zoning Ordinance states that a development agreement should be recorded in the office of the Ada County Recorder and take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to. by the owner of the parcel. That it has been the experience of the City that development agreements are difficult to enter into prior to the' annexation ordinance being passed; that it FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 29 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 6-4-98 -- Final is concluded that the development agreement shall be entered into ) prior to the final plat being approved and prior to issuance of any building permits. 29. The development of the property as a (C -G) General Retail and Service Commercial District, as requested by the Applicant, would be compatible to the. development in the surrounding area. 30. It is therefore -concluded that the annexing and zoning of the property is in the best interest of the City of Meridian, and it is concluded that the annexation shall be conditioned upon meeting the requirements of these Findings of Fact and Conclusions of Law and if they are not met the land may be de -annexed. 31. The requirements of the Meridian City Engineer, Meridian Planning and Zoning Administrator, Meridian Water District, Meridian Fire Department, Ada County Highway District, Central District Health Department, the Nampa & Meridian Irrigation District and other governmental agencies shall be met and addressed in a development agreement. 32. All ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de -annexation. 33. Pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to r a de -annexation. 34. The Applicant shall be required to connect the property FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 30 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 6-4-98 -- Final to Meridian water and sewer, extend the water and sewer lines to serve the property, and resolve how the water and sewer mains will serve the property, all of which shall be at the Applicant's, or its successor's, or successors' cost and expense. Said water and sewer requirements shall be. -performed on or before the time that the Applicant or its successor, or successors desire to use the property or place a user on the property. 35. These conditions shall run with the land and bind the Applicant and its successors in interest, assigns, heirs, executors or personal representatives., 36. With compliance of the conditions and requirements contained herein, the annexation and zoning of the property as (C- G) General Retail and Service Commercial District would be in the best interest of the City of Meridian. 37. If these conditions of approval are not met, the property shall not be annexed or if already annexed, it shall be de -annexed. 4, L FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 31 ANNEXATION`AND ZONING - EAGLE PARTNERS LLC 6-4-98 -- Final 0 OF FINDINGS OF FACT AND CONCLUSIONS OF LAW APPROVAL a The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these -+ Findings of Fact band Conclusions of Law. ROLL CALL, COMMISSIONER BORUP COMMISSIONER MACCOY COMMISSIONER SMITH COMMISSIONER NELSON CHAIRMANDeWEERD•; VOTED VOTED VOTED VOTED _R4_ VOTED DECISION AND RECOMMENDATION m The Planning and Zoning Commission hereby recommends that the property -,set forth in the application be approved by the City. Council"for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law, including -that the Applicant or its successors in interest, assigns, heirs, executors or personal representatives enter into a development agreement; that if the Applicant is not agreeable with these Findings of Fact and Conclusions of Law and/or is not agreeable with entering into a development agreement,, the property should not be annexed. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 32 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 6-4-98 -- Final GGU_G ri SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary 'Mr. John Pryor, Esquire City Attorney Meridian City Hall 33,E. Idaho Meridian, ID 83642 Re: MCU -43-97 -Eagle Partners Dear Mr. Pryor: � REcE�D MAY 14 1998 CITY OF lj'I.ERIDIAN /. Eagle Road at St. Luke's Driveway May 13, 1998 As a follow-up to our conversations of last Friday, this letter is to update you and the City Planning Commission of discussions regarding the subject application at a special meeting held March 5, 1998 between Idaho Transportation Department staff, the Meridian City Council and the Ada County Highway District Commission. During that meeting, the Commission and Council members discussed the future land uses that may develop on the properties west of Eagle Road and how the intensity of that development would or would not create a demand for a second street connection to Eagle Road. As the discussion progressed, the City Councit members acknowledged that the City's land use decision was critical to the decision-making process of the Highway District, and that the land use decision should be made prior to the District's review of the conditional use permit. The Commissioners -,offered assistance to the City in the form of a variety of land use scenarios and the resulting trip generation volumes that would result. At last month's Planning Commission meeting, ACHD's Manager of Traffic Services Terry Little presented those scenarios to the Planning Commission for their use in making a recommendation on the annexation and'zoning of the subject property. 'It appears that the Council had not communicated with the Planning Commission and the Planning Commission did Y not know what to do with the data that Terry presented. On behalf of the ACHD Commission, I recommend that the City take the following action: I Separate the conditional use application from the annexation and zoning request and decide them separately. 2. Carry the annexation and zoning request to the City Council and make the determination of zoning for the subject property. 1 The Highway District will then act on the conditional use permit and make speci is findings and recommendations to the City relative to the site plan for this parcel. Those 1Acu\mcu4397.1t1 ado county highway district 318 East 37th • Boise, Idaho 83714-6499 Phone (208) 387-6100 • FAX (208) 345-7650 • E-mail: tellus®achd.ada.ld.us recommendations will state whether or not the District needs to acquire right-of-way from this parcel and, if so, how much land will be necessary. ' 4. The City can then proceed with the processing of the conditional use permit. 5. ACHD.will acquire the right-of-way for the appropriate roadway configuration. a I understand that the City of Meridian prefers to process requests for change of zoning and conditional use permits together, but this places the District in the position of assuming that every zone change request will be approved, with the result that the District must attach site specific requirements to every request. The District has been criticized in the past for this action, because it appears that the District is interfering in the land use decision-making process. The District is extremely concerned about that appearance, particularly in this situation in which ` different decisions by the City will make significant differences in the transportation requirements relative to the future development of the land west of Eagle Road of which this parcel is the keystone parcel. If non-residential zoning of the property is approved by the City, a new roadway into the area is critical to provide safe and adequate access to the arterial system. I hope this information will be useful to you and the Meridian Planning Commission and the City will separate the land use decision from the conditional use decision so that the Highway District can make meaningful comments to the City for the future development of the area. Please call me if you have further questions in this matter. My number is 387-6172. Sincc n d Development Services Supervisor M cc: Chron. Project File Traffic Services Director "Commission JoAnn Butler;"Esquire Billy Ray Strite, AIA MERIDIAN PLANNING & ZONING COMMISSION MEETING: MAY 12, 1998 APPLICANT: EAGLE PARTNERS AGENDA ITEM NUMBER: 7 REQUEST: ANNEXATION AND ZONING OF 4.13 ACRES TO C -G AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 4/14/98 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented qt nublic, meetings shall become property of the City of Meridian. Metnorandwn To: Chairman Jim Johnson CC: Planning and Zoning Commissioners From: John Prior Date: 05/12/98 Re: Eagle Partners Project :This is a request to the Planning and Zoning Commission to defer a recommendation on the Eagle Partners project. The reason for the deferment request is that the A.C.H.D. Commission has not sent a decision to the City of Meridian on the road, through the proposed Eagle Partners project. I believe that it would be premature for the Commission to make a recommendation to the City Council without a commitment from the A.C.H.D. Commission on proposed road. It has come to my attention that the A.C.H.D. Commission will discuss the matter at their'May 201h . meeting. After the Planning and Zoning Commission receives a decision from the A. C.H.D. Commission, the necessary parties can be notified and a public hearing can be called to allow all interested parties to. submit comments and offer testimony. r t moi"iT" , 4 31 MERIDIAN PLANNIS AND ZONING APRIL 14, 1998 PAGE 12 ROLL CALL VOTE: Commissioner MacCoy — aye, Commissioner Smith — aye, , Commissioner Nelson — aye, Commissioner Borup — nay. MOTION CARRIED: 3 aye, 1 nay Johnson: Any recommendation you would like to pass on to City Council? Smith: Mr. Chairman, the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code, parking requirements and the paving and landscaping requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Nelson: Second it. Johnson: We have a motion -and a second to pass the recommendation on as stated by Commissioner Smith. All in favor? Opposed? MOTION CARRIED: All aye. ITEM #5: CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 4.13"ACRES TO C -G BY EAGLE PARTNERS LLC: Johnson: At this time I'll ask Eagle Partners LLC or their representative to come forward and address the Commission. Is there a representative here from Eagle Partners? I saw Billy Ray Strite out there somewhere. Okay we opened the public hearing we're waiting for a representative to come forward from Eagle Partners. Butler: Commissioners, Joanne Butler, 607 N. & Street, representing Eagle Partners. I hardly need to introduce everybody again I think you've seen them several times. Prior: Ma'am before we start why don't we swear you in here. Butler: Sure. Prior: Do you promise, swear or affirm that the testimony you give at this public hearing will be the truth the whole truth and nothing but the truth? MERIDIAN PLANNIIS AND ZONING • APRIL 14, 1998 PAGE 13 Butler. I do. Prior: Proceed. Butler. Thank you. Before Mr. Strite comes up to address the conditional use application I just wanted to briefly address the Findings of Fact and the Conclusions of Law that this Planning & Zoning Commission typically finds in `connection with the annexation and the zoning request like the one that we have before you tonight and'in fact these Findings of Fact and the Conclusions of Law virtually parallel the Findings that this Commission has made in the past for the annexations in the immediate vicinity and that you have recommended to the City'" Council and that the City Council has adopted. So we're expecting that this property so far as annexation and zoning will be treated just the same as the other property in the vicinity. If however the Commission does decide to recommend against annexation and zoning of course we would want the Commission to very clearly point out to the applicant why the annexation and the zone request are not being recommended for approval and why the applicant would be treated differently. The Findings of'Fact that have been made in the past by this Commission for the areas in the vicinity follow. the property as described in the application and is presently zoned rural transitional in the county which as you know is scheduled for urban zoning as the services become available to the area; the applicant has requested general retail and service commercial like the other properties in the vicinity; the general area surrounding the area is used commercially, residentially and is (inaudible) services; the property is adjacent to and abuts the City limits; it's within the area of impact for the City; it's within the urban service planning area which indicates that services can be provided; the applicant is the owner of record and requests that the entire parcel be annexed in zone; the applicant has stated in its application that the, intended development is for a Chevron service station, McDonald's restaurant with a drive -up window & Idaho Power Credit Union facility with a drive -up window. We've been very specific about this even though in previous annexations and zones the City has not required that the uses be specifically addressed other than generally by means of requesting particular zoning. Further facts that this Commission can find as it has in the past is that the property can be physically served with both city water and sewer. Sanitary sewer is designed to be from the Five Mile Interceptor and water service will be from the extension of an existing line. In connection with the sewer service (inaudible) that when improvements were made to the Five Mile interceptor I think justification for those improvements were made due to the designation of this area as commercial under the comprehensive plan. The Meridian City Engineer, ACHD, Nampa & Meridian Irrigation District, the Zoning Administrator, the Police, Department, the Fire Department and the Central District Health Department have all commented on the request and provided those comments to you. The general retail and service commercial zone requested for the property is consistent with the goals of the comprehensive plan and I won't read out the MERIDIAN PLANNO AND ZONING • APREL 14, 1998 PAGE 14 Whole description of the purpose of the C -G zone but it is to provide for commercial uses which are customarily operated entirely or almost entirely within a building. They provide commercial uses which are auto and service oriented to be located in close proximity to major highways or arterial streets. They are there to fulfill the need of travel related services and to serve the traveling public. The particular goals, objectives, and policies of the Meridian comprehensive plan that you typically list in your Findings of Fact include the following and I won't list them all out but I will indicate what those policies are by number or by section of the comprehensive plan: the economic policy 1.2 states that it is a policy of Meridian to set aside areas where commercial interests and activities dominate, this site has previously been established as a commercial activity center on the generalized land use map for the City; your commercial policy under land use 4.8U encourages commercial activities near high intensity activity areas such as the freeway interchange, the project conforms with the 1-84 mixed use policies under the comprehensive plan which says that these areas are surrounded by arterials, are immediately adjacent to the freeway or relatively level in topography, are greatly affected by contiguous industrial, residential, and commercial land uses. The comprehensive plan goes on to state that in order to provide for compatible land uses and an efficient mix of uses in this area that probable mixed uses of the areas can be commercial, combined medium to high density residential, open space, tourist lodging, industrial, office, medical and related land uses. This project also meets the transportation goal of the plan that' encourages clustering of uses and controlled access points along arterials, collectors and section line roads. The comprehensive plan does identify Eagle Road north of Overland Road as a principal arterial within the Meridian urban service planning area. The. comprehensive plan goes on to say that development in these areas should be based on functional plans and proposals to ensure that proposed uses conform to the comprehensive plan, policies and are compatible with surrounding neighborhoods, an issue for this Commission tonight. The integrity and identity of adjoining residential areas are to be preserved according to, the comprehensive plan through the use of buffering techniques, screen planting, open space and landscaping techniques. Development should be conducted as a conditional use especially when there are more than two uses and this one does that. The character, the site improvements should be harmonized with previously developed land in the area, especially when located near residential or residential areas. And all reasonable efforts shall be made to reduce the environmental impact on residential areas including noise and traffic reduction. Because these areas under the comprehensive plan are located so close to the freeway design review guidelines and.conditional use permitting processes have to be undertaken and the mixed use area in this vicinity according to the comprehensive plan is a priority development area. The proposed use complies with all of these policies and strivas to make all .reasonable efforts to reduce impacts on nearby residential areas. The plan does not say that these uses if they have any impact at all on residential areas are not allowed. It acknowledges that there is likely to be an MERIDIAN PLANNO AND ZONING • APRIL 14, 1998 PAGE 15 impact but it does say that reasonable steps can be taken to reduce those impacts. A few more comprehensive plan goals that the City should be aware of and typically list in its findings is that the community design entrance corridors policy says that the City will support ACHD corridor development standards for entryways to the City. ACHD is here tonight and will be asking the City to support its decisions. The community design policies also state that the City will encourage landscape setbacks for new development on entrance corridors and that the City will require landscaping along those corridors and Mr. Strite will address exactly how and how extensive that landscaping will be for this particular project. The City of Meridian has consistently stated it's concern with the need for an increase in tax base in the City and in its Findings of Fact in the past has said that it knows that and increase of population alone is not enough and is not sufficient enough to create the tax base it needs to provide schools, fire, sewer, water, etc.. This project helps promote the tax base for Meridian. These facts that you've found for this area in the past and that you can make for this particular proposal will allow you to reach the -same conclusions that you have in the past that the City of Meridian has the authority to annex this property under Idaho Code in your own ordinances that the Commission can take notice of existing ordinances and the conditions existing in this area. The property is contiguous to the City, the annexation request has been made by the . owner/applicant, the proposed uses of the property are in compliance with the comprehensive plan and therefor annexation and zoning is in compliance with the comprehensive plan. The applicant will be required to hook up to Meridian water and sewer and that the annexation and zoning as requested is in the best interests of the City. The comprehensive plan has already identified that legislative decision has already been made by Meridian as to what this area should be zoned for upon annexation so the City has already made the determination, as what is to be the best interest for this area. The Eagle.Partners request for annexation and conditional use supports these goals and policies and as such the project is in the best.interests of Meridian. So on behalf of Eagle Partners before Mr. Strite comes to the podium we would respectfully request that annexation and zoning as requested be recommended to the City Council and if there are no questions I'll turn the podium over to Mr. Strite. Johnson: Any questions from the Commissioners? Not now apparently. Strite: Mr. Chairman, members of the Commission I'm Billy Ray Strite, 1087 River Street, Boise. Prior: Do you promise, swear or affirm that the testimony you give at this public hearing will be the truth, the whole truth and nothing but the truth? Strite: I do. Prior: Proceed. MERIDIAN PLA AND ZONING APRIL 14, 1998 PAGE 16 Strite: If I might, some exhibits here. Mr. Chairman, members of the Commission, in an effort to be brief this evening since we've all seen this at least a half dozen times I think what I'd like to concentrate on as Butler has already provided you with adequate Findings of Fact relative to annexation and rezone I think the thing that is probably most pertinent not only in your ordinance but obviously to the neighborhood that's,to the north of this project was what in fact we could,do to minimize if you will the impacts of this particular development. First off as you well know your City Council met with ACHD ITD and deemed that there would be a roadway section placed on the north boundary of the site. That roadway section which I believe Mr. Little will discuss in a few minutes was deemed to require 108 (end of tape) by providing 108 feet of right-of-way for a future five lane 1 believe roadway section that enabled or I should say forced this developer to move everything south from the original proposal that you saw here last year. Each one of these uses has been moved to the south, each one of these uses and the reason we're here incidentally for conditional use is a drive- through which certainly was in error of the neighbors, each one of the drive-thru's have been moved around from what was originally the west side of the site to the south side of the site which would then hopefully provide additional buffer by virtue of putting any loud speakers of which only the Chevron facility McDonalds has a speaker system. That speaker system is generally located in the south westerly portion of the site and as the drive-through progresses to the southerly sections — as you can see the drive-through is now placed on the south side of the building, the drive-through window if you will is about midway on the southerly portion of that building the speaker box and order station is in the south westerly quadrant of that drive-through on the Idaho Power Credit Union facility there is no speaker system that will also because of what we concern with the neighborhood in terms, of traffic we move the drive-through around on the south side of that building, the stacking lane as is would be Chevron McDonalds is also on the south side. I think what we've been able to provide here in an effort to mitigate the noise impact as well as the impact of a commercial use adjacent to a residential neighborhood is certainly by virtue of putting in a office facility 8-5 if you will, the mass of which you can see over here is consistent with a residential neighborhood to the north. We've been able also to provide an additional twenty - foot of buffering on the north side of the credit union and an additional fifteen -foot of landscaping between the credit union and the Chevron / McDonalds. Similarly from the last plan that you saw we have taken the minimum westerly setback and increased that to fifteen to eighteen -feet and as we had originally proposed there will be a solid wood fence that runs from the southerly boundary at Magic View north until it reaches the new 108 -foot right-of-way roadway section. So I think in all good conscience the applicant has certainly tried once again to reduce the impact in the neighborhood, I think they've done an excellent job, I think they have a fine user in. Ida io Power Credit Union, again I think and 8-5 user I would hope would satisfy or at least medicate some of the neighbors concerns and 1 would ask that if nothing else happens this evening that we do move forward and MERIDIAN PLA AND ZONING APRIL 14, 1998 PAGE 17 I I implore this Commission to please act this evening because I think it's been unfair not only to our client but also to the neighborhood that this thing has gone , on for the last almost 2'/Z years and i would ask, that a decision be made this evening and if you have any questions of me specifically I'd be happy to answer them. Johnson: Okay thank you very much. Any questions from the Commissioners? Strite: Thank you. Johnson: Thank you. Anyone else representing the applicant? Anyone else at all? Yes sir. Prior. Just state your name and address. Williams: My name is Richard Williams. I live at 3133 Autumn Way, Meridian. Prior Do you promise, swear or affirm that the testimony you give at this public hearing will be the truth, the whole truth and nothing but the truth? Williams: I do. Prior Proceed. Williams: Thank you. Has it been 2'/ years? It seems like an eternity, especially when you have to live by this. I'm glad that Miss Butler stated about the Findings of Fact and Conclusions of Law. The first thing 1 would like to do is enter into,the=public record the Findings of Fact and Conclusions of Law as drawn up by the City Council on this in February of 1997 where they denied this project. I. would very much like to state and ask that each member of this Commission read these Findings of Fact and Conclusions of Law as to why it was denied. It was denied because it does not comply with the comprehensive plan. As a former member of the City Council and the president of this City Council that drew up the first comprehensive plan if you will note there are seven elements in your comprehensive plan. This area is identified in one, the generalized planning map. It is not stated anyplace ,else in your comprehensive plan. I would like to submit this — I'm sure you already have a copy of this considering its the City's document — this is not an appropriate use for the land. This impacts severely residential neighborhood. The street alone is going to have unbelievably devastating affects on a prime residential neighborhood in the City of Meridian. It will now be double fronted lots with 10.8 -foot right-of-way in your back yard plus a McDonalds in your backyard and if you've been by McDonalds you can smell the hamburgers a block and a half away and I'm sorry but it's not a very pleasing smell. Additionally if you'll recall that a conditional use permit requires a community necessity, I fail to see where a McDonalds and a MERIDIAN PLANNY& AND ZONING • APRIL 14, 1998 PAGE 18 Chevron constitutes a necessity to the City of Meridian. This is high-density use and is not compatible with residential. This in no way conforms to the comprehensive plan. This is not a use in the comprehensive plan as stated by the Findings of Fact and Conclusions of Law as drawn up by the City Council in February of 1997. What we do ask is that because of the fact that this whole area, not only this parcel but you have probably seventy-five acres back in that corner that you will probably be going through the same thing that you've been going through the last 2'/ years for every one of those five acre parcels. We would very much encourage that a moratorium on this whole area be incorporated until the comprehensive plan is. amended and proper planning for this whole area is done. There is no comprehensive planning done for this area at all. It's going to be hit and miss and unfortunately I think for a lot of us it may be a miss if and we suggested this a year ago we would be glad to work with the City Council and P & Z to amend to make recommendations to help with that amendment of the comprehensive'plan we and you will not be going through this constantly. There are a number of items just within this drawing, we have not seen this drawing, this is the first time we've seen this but it's the same as it was 2 '/ years ago except now we've changed from a motel to a credit union. The conditions for the denial are still there, we ask that you deny this plan as it was denied a year ago, this is not the proper use for this type of land. That's all I have Mr. Chairman. Johnson: Questions of Mr. Williams? Borup: Just one short one. You mentioned that this would be affecting a prime neighborhood in the City of Meridian? Williams:. In the Meridian area — in Meridian — we're not in the City at this point. Borup: Right, that's what I was just wondering if you guys — if that was a prelude to annexation request? Williams: It depends on what you do here. Borup: Okay. Nelson: I have a question. What would you like to see developed here or can you even `address that question before you feel that this has been addressed property and revision of the comprehensive plan? Williams: Well in talking with a number of people, the neighbors, other planners quite frankly, planners within the City of Boise, professional planners, this would be an ideal. vocation for offices. I have talked personally with peopie that — and I can represent people that would buy this land tomorrow and come back in here with an office proposal for doctors, for professional people. They have a pretty MERIDIAN PLANNITO AND ZONING • APRIL 14, 1998 PAGE 19 good schematic of what they want to do with that land in terms of office. That plan can be before you in a matter, of a few months quite honestly, I represent a group that made an offer two. months ago to buy that land from these people and we'd buy it tomorrow quite frankly. Nelson: Thank you. Johnson: Anyone else care to testify at this time? Yes sir. Hanks: My name is Harvard D. Hanks. I live at 2930 Magic View Drive, Meridian. Prior: Do you promise, swear or affirm that the testimony you give at this public hearing will be the truth, the whole truth and nothing but the truth? Hanks: I do. Prior: Proceed. Hanks: I know nothing about the comprehensive plan or the plans as going on, I do know that Eagle Road is probably a prime location for commercial projects similar to this, not necessarily this project. We were not and our neighbors were really not advised or asked if we wanted a more dense neighborhood to the north of us so my only question on this whole thing right now would be the traffic on and off Eagle Road from Magic View Drive. If we add another station in there it is becoming harder and harder to get on and off that street and would become more difficult later. That's all I have. Johnson: Okay thank you. Sherman: Hi I'm Beverly Sherman, I live at 3134 Autumn Way. Prior: Do you promise, swear or affirm that the testimony you give at this public hearing will be the truth, the whole truth and nothing but the truth? Sherman: Yes. Prior: Proceed. Sherman: I'm not a public speaker or anything, I'm a full time mom, I've got a two year old and three year old at home and I've got several concerns. One of them is we have a well very close to that area, just north of where that is and that's our community well for all the houses in the Green Hills. Estates and I don't like the fact that there's going to be a gas station that close to it. I don't know exactly all the scientific things or you know whether it could actually get into our ground water but it does concern me. The other thing is I certainly don't like a road right MERIDIAN PLANN A AND ZONING • a� APRIL 14, 1998 PAGE 20 { there just south of our development, its going to be added on to and we don't even know what it's going to be, you know where is it going to end and what's going to be you know going on after that and I just you know like the man said getting on and off any of our streets to come in and out of Eagle Road is getting really crazy and you know we already have a gas station right there, why do we need another one? That's my opinion. Johnson: Okay thank you. Is there anyone else that would like to come before the Commission? Yes sir. Skeen: My name is Gary Skeen. I represent Idaho Power Federal Credit Union. Prior: Do you promise, swear or, affirm that the testimony you give at this public hearing will be the truth, the whole truth and nothing but the truth? Skeen: Yes, I do. Prior: Proceed. Johnson: Gary could you raise that mike just a little bit please. Skeen: Basically I wanted to come forward and say why we were interested in the site. As you know that area is difficult for easy access for customers and that sort of thing. its a high speed roadway north/south, we have a high speed roadway east/west, good access, I think as far as the neighborhood association we represent the type of business that would act as an adequate buffer between other businesses in the area and the neighborhood association and we're primarily 9-5, currently our office hours are 9-5:30, we aren't open weekends. I would, respectfully request that the Commissioners act on our application so that we may, proceed. Are there any questions that you may have for me? Johnson: Any questions? Mr. Borup. Borup: I have one Mr. Chairman. No matter what happens whether there was a — are you relying on the rest of the development for your project to work, in other words whether the Chevron station is there or not you'll still be interested in that same site? Skeen: Well we're a small institution, we're chartered under a separate corporate charter from Idaho Power Company and so Idaho Power Company does not own the Credit Union, the employees of Idaho Power own the Credit Union. Frankly there are certain econorr,;es of scale that would permit us to purchase a piece of property like this that we normally would not be able to by working with Eagle Partners. MERIDIAN PLA�AND ZONING • APRIL. 14, 1998 PAGE 21 Borup: So the answer was? You're going to need another partner to buy off that section from — Skeen: At this point its economically very attractive, I guess would be the appropriate way of saying that. Borup: Okay thank you. Johnson:. Okay thank you. Is there anyone else.out there? Yes sir. Pearcy: My name is Dave Pearcy. I live at 675 Wells Street in the Magic View .Subdivision. Prior: Sir, do you promise, swear or affirm that the testimony you give at this public hearing will be the truth, the whole truth and nothing but the truth? Pearcy: I do. Prior: Proceed. Pearcy: My main concern is the traffic getting in and out off of South Eagle and Magic View Drive, its pretty bad right now and if we had facilities where we could get in and out that would be my main concern at this point but where it would be safe right now its really bad. Nelson: I have a questiorrsir,, the same thing 1 meant to ask Mr. Hanks. I understand the concern on traffic; are you for or against this project? Do you like to see some development go in there or — Pearcy: There's no way we can stop development, its coming, we've got a gas station that's already in there, we've got a hospital there, we can't stop it. As far as I'm concerned whatever they put in there as long as we can get in and out, I live there, I've been there ever since that subdivision was built and if we can get in and out and get in and out safely that's my main concern. If there's adequate Nelson: Do you think another road access where the light is now would be a help? Pearcy: I do, I really do, I feel that would be the way to go. That's my feeling on it. Nelson: Okay thank you. Horel: My name is Chuck Horel. I live at 3043 Autumn Way in Meridian. MERIDIAN PLVAND ZONING APRIL 14, 1998 PAGE 22 Prior: Do you promise, swear or affirm that the testimony you give at this public ' hearing will be the truth, the whole truth and nothing but the truth? Horel: Yes I do. Prior: Proceed. Johnson: Spell your last name. Horel: Horel. Johnson: Thank you Horel: Gentlemen I am a little confused here about what is being proposed all of a sudden and maybe we can get this clarified but its my understanding that if this land is subdivided to allow for the placement of the Idaho Credit Union is this then a subdivision? Who's owning this land, is it all under one parcel or is it in two segments and I guess this is starting to concern me a little bit, I mean I'm seeing one application and yet now I'm — maybe I'm not reading this right but this is why I ask this question is to please clarify this for me. Borup: Mr. Chairman, I may have confused that when I brought that up but it is all one sight there is not a subdivision so I may have confused that by asking that question from the Credit Union person. I apologize if l caused a confusion there. Johnson: The Credit Union is a tenant. Horel: Is strictly a tenant. Johnson: We can have the developer answer your questions specifically and we'll do that. Anyone else? Kyler: My name is George Kyler. I work for McDonalds Corporation at 5000 SW Meadows Road in Oswego, Oregon. Prior. Do you promise, swear or affirm that the testimony you give at this public hearing will be the truth, the whole truth and nothing but the truth? Kyler: I do. Prior: Proceed. Johnson: I'm sorry sir I didn't get your name. MERIDIAN PLANNA AND ZONING APRIL 14, 1998 PAGE 23 Kyler: George Kyler. K-y-ke-r. Johnson: Thank you. Kyler: I've been here a couple of times before on the same issue and I've traveled here from Portland quite a bit to discuss this and made good faith -efforts to meet with a group of neighbors that we invited, I believe over 100 neighbors to attend the meeting and sent out notices and two neighbors came to that meeting we held it at St. Luke's and we were specifically asking for input and showing plans so it confuses me to have people come up and say "gee, I never, saw this plan before" because it. hadn't been attended well by the neighbors that we invited. There were, some complaints earlier that the whole neighborhood or something like that should be getting notices but I wanted to address something that was said about McDonald's smells just because I need to do that, odors, we occupy spaces inside malls, at the factory outlet, we do a lot of volume in town here and our other restaurants they're probably going to exceed what we plan on doing here and you can be in the parking lot and not smell anything, I'll invite you to the roof if you'd like to climb up there and see if you can smell something from our exhausts, we have electrostatic filters in our restaurants and all those cooking odors as were discussed earlier or represented really are not there as far as I'm concerned and as far as neighbors that are along residential areas that abut McDonalds in other communities, in Boise etc., so I just wanted to make that clear and discuss that. I don't know the reason it was rejected or turned down last time and I guess you were asked to take a look at that but there was some comments made before that bothered me that I never addressed in public such as "gee,.we are sitting here do we need another McDonalds and create low- wage jobs -in this town etc. and maybe there was some -of those sentiments -and maybe that was part of the reason that it got denied I have no idea, so I went to the franchisee in August of 1996 and I said tell me have the McDonalds we have here in town, the one on the interstate the one exit further west, tell me -a little bit about the employees that are there and he says well if you've been there for two years the average employee's making $8.26/hour, this was a year and a half ago now. We've got 55% of these employees that are women, 21 % of these employees that are high school students, 12% in college, 67% of the employees who work at that McDonalds for over two years live here in Meridian and I think that that says a lot about the kind of businesses that you're trying to support here is businesses that hire people locally, businesses that hire people locally, businesses that have opportunities in the future and that sort.of thing and maybe that's not part of a land use decision but it seems like there's all kinds of other issues being thrown at the table so I just wanted to clarify some of the things that were said in the past that are in my opinion misstated and didn't have facts to justify. So if you have any questions 1'd be glad to answer anything before I sit down. Johnson: Any question of Mr. Kyler? MERIDIAN PLANNIO AND ZONING APRIL-14, 1998 PAGE 24 Kyler: Thank you very much. Johnson: Thank you. Not yet. Anyone Else? I'd like to get all new testimony and then we can come back if you have another comment but we usually give you one shot. Moore: Well I've been here before too. My name is Dick Moore. I live at 3050 Magic View Drive. Prior: Do you promise, swear or affirm the testimony you give at this public hearing will be the truth, the whole truth and nothing but the truth? Moore: I do. To avoid a question, am I for or against, I'm definitely for this. I would like to see something done I don't care what but preferably approved the way its stated now. Its been going at least 2'/ years, I moved out there 25 years ago and my intent at the time was to subdivide in 1993 when the covenants expired. They've now expired and I still can't do anything because we can't get a decision off the thing, I'd like to see something happen. Johnson: Thank you. Any other new testimony? Yes sir. Little: Terry Little, ACHD, 318 E. 37th Street, Boise. Prior: Do you promise swear or affirm the testimony you give at this public hearing will be the truth the whole truth and nothing but the truth? Little: I do. Prior: Proceed. Little: The ACHD works with the Idaho Transportation Department on the planning and development of the state highway corridors. We manage all of the traffic signals once they are installed and we jointly do studies with them on the planning of the corridor. We plan collector streets along the major arterials like Eagle Road so they can be put at locations where we can have traffic signals where we can get as many as possible of the properties out to a traffic signal where we can provide safe and convenient access and access that's planned for efficiency of the major street as well. We have studied Magic View along with ITD and found that it really lacks adequate spacing from the interstate for safe operations. The last conclusion was that even the stacking from a signal there itself v&ould go back through the ramp which would create problems even getting off the ramp to go south. We often have to create new - oads at a great expense however the impact fees that development pays goes into those roads sometimes it's when we have an existing road that's functioning such as M MERIDIAN PLANNAAND ZONING APRIL 14, 1998 f PAGE 25 Waltman Lane over here in Meridian, it was a collector road 5,6,7 years ago it's no longer a collector we're having to put in a new collector into that area. This is one which we found we have to do a similar thing to provide safe access. If it was going to stay like it is today we could live with it but if development continues in there pretty soon the safety problem becomes a great problem something has to be done. What ACHD has typically done we've had to block off left turns out of intersections and ultimately left turns in and that doesn't work well for business. If the private property and the property in,question is linked up to the traffic signal what you're going to end up with is people cutting across private property to get to the traffic signal and the more aggressive drivers will do that and the more timid ones that probably are least able to pull out onto Eagle Road safely will probably go up Magic View and have a lot of problems. ACHD has proposed that we plan for a road there that we acquire the right-of-way and in the near term build just enough to serve the property or in the — with this development in the near term three lanes would be adequate, in the longer term we see the need for it to widen to five lanes at the intersection and then be three lanes that comes around and hooks back into Magic View. The 108 foot was thrown out and that was the distance that was established based on lining the road up with St. Luke's and then the extra buffer that was between that road and the subdivision so it wasn't that we were looking at the whole 108 foot. The consultant did a follow up study using that 108 foot say well what can we put in there and we don't anticipate going to the extreme of what they had proposed, we believe that the five lines fanning to five at the intersection and going three hooking on around as you get about 300 feet back would be adequate for many years into the future. That's the primary thing I wanted to say, we have just completed a corridor study of Eagle Road, we believe its the most important arterial street in the county, it was identified by the APA as a limited access arterial, its the only one of that designation in the, county and.we've done a study as to how to preserve it and how to allow restriction of access as the volumes grow and ultimately move much greater volumes of traffic than you have today. Today its nearly 30,000 in that section which is like a Fairview type traffic volume pretty much although it flows much better because access is limited on it and you don't have the side street conflicts, we believe we have to control those side street conflicts and this road that was proposed is one way to do that and we believe its the best way. I'm respectfully open to any questions. Johnson: Yes, I have a question. It hasn't been all that long ago that Jackson's was put in, the light was put in, do you think ACHD did proper planning for the future when that was done considering that this is an obvious place for commercial development? Little: I don't know what we would have done differently with Jackson's had we planned out this road because it doesn't go through any of their property or impact them, I don't know what we could have done differently. It would have been nice had we had this plan could have communicated with Mr. Jackson so MERIDIAN PLANNr*AND ZONING APRIL 14, 1998 PAGE 26 he would have understood the full impacts of the thing and I've talked to him a number of times on this, some of the early things said that we're ready to go out and put a barrier in and restrict left turns, I believe that the signal. will create — four legs of the signal will create more conflicts, more gaps at Magic View and allow Magic View to function safely many more years than it will be with. just a T intersection at St. Luke's so I see it as being advantages to that property. Nelson: is ACHD in agreement with the ITD with respect to the signal light that's there being the only signal light that should be permitted? Little:. Yes I believe we, are Mr. Jeff Miles who is Assistant Director of District 3 of ITD supported that thing in a recent meeting with the Meridian City Council and the ACHD Commissioners and Mr. Monte McClure who is the ITD board member for this area just recently the staff was very clear on it, I believe the opinion or the consensus of the elected officials was pretty accepting of the fact that it just isn't going to happen. St. Luke's has looked at the costs and impacts on them and they were saying $200,000 and they would accept another signal but they still wanted the existing and no one in either organization has ever considered two signals at such a critical location at that spacing on a street like Eagle Road. Johnson: Any questions of Mr. Little from the Commissioners? MacCoy: On the same subject that Mr. Johnson's been talking on let me get this thing straight now in order to get the traffic flow as the way you see it or as your organization sees it there is going to be one signal and that's going to be the one we have, presently at St. Luke's and I've gone -through all this with St. Luke's people too and I know what the dollar situation is and I wouldn't say stubborn I think they got some pretty good statements to make but anyway since they're not planning -to move the signal or pay for that movement they say it stays where it is and your organization will not let a second signal be put up on Magic View Drive, what you're telling me is its status quo now, there is no signal discussion anymore. Little: That was my understanding, yes. MacCoy: Its a settled deal then. Little: We're willing to discuss it but we haven't found any daylight I guess in the subject any place to go that would allow it. We're not familiar with any additional facts to explore I guess that would allow that. Borup: I think this N the only issue or the issue that prevented this from cc -ming up starting back in January, its been delayed since that time for ITD to get things decided and it looks like that's finally happening. And I understand St. Luke's MERIDIAN PLANNEOAND ZONING APRIL 14, 1998 PAGE 27 position I mean they wanted it at Magic View when they build their building and I believe ITD told them no it would be down where it's at now so they redesigned their whole site to -accommodate where they were told it would be and stay. Little: That's correct. Borup: Thank you. Johnson: Okay thank you Mr. Little. Little: Thank you. Johnson: Anyone else? Let's have Beverly come back Dick and then you can come back up. Just state your name again you don't need to be sworn. Sherman: Beverly Sherman. 1 just wanted to take exception to the guy from McDonald's because my husband or I have been at every meeting that we've been notified of and we didn't know about that meeting apparently so I don't know if he never notified us or what and the other thing is I also understand that there is going to be development and that's fine and offices would be great, the credit union as far as my family's concerned would be fine, its just the other part of it that we don't like. Johnson: Okay thank you. Mr. Williams. Have you testified sir? Nickel: I have not. Johnson: Come-on up then. Nickel: Hello my name is Patrick Nickel and I work with Thornton -Oliver -Keller Commercial Real Estate and I live at 2899 N. Anston, Meridian, Idaho. Prior: Do you promise, swear or affirm that the testimony you give at this public hearing will be the truth, the whole truth and nothing but the truth? Nickel: I do. I'm a professional commercial real estate broker, I'm also educated as a City Planner, my only comment is the economics of this particular piece of ground have.got no point where office development is cost prohibitive and commercial development is more logical. Capitalism works and capitalism has determined this piece of ground to be commercial and that is my only comment, any questions? Borup: Essentially you're saying the price per rsquare foot of this ground is too high for office buildings, is that what you're trying to say? t; MERIDIAN PLANN OAND ZONING APREL 14, 1998 PAGE 28 Nickel: We have gotten to a point with the office,market rents cannot support office development where land costs are so high yes. Borup: Where's the break point there do you know? Nickel: 1 do have my financial calculator with me, I cannot sit down and determine that break point, presently at this point and time we're at approximately $6.15 per square foot, I know that when the ACHD was initially looking at taking the right-of-way a number of $7.75 was presented by them other than that" I . cannot determine the break point I will tell you that office rents in Boise, Idaho are maxing out at about $17.50 to $18.50 per square foot, office rents in Meridian, Idaho are somewhat less than that, there's a brand new development on the comer of Franklin Road and Eagle I believe approximately 40,000 square foot development and I'm anticipating office rents to be approximately $15.00 to $15.50 per square foot. Borup: Thank you. Nickel: Thank you. Johnson: Mr. Williams, did you want to come back up? Williams: Richard Williams, I'll try and be brief. In regards to this roadway that Mr. Little talked about, the way they had it configured that what we saw in a proposal they projected 22,000 car trips a day on this road which is the amount that Eagle Road now has so 1 don't know if this is going to be a bypass out of Eagle Road that's going to swing around and come back or what.- If Eagle Road , is a limited access road why do we want to- add another access within approximately 1,600 feet they will now have four ingress's and egresses on a limited access road, 1 find that strange. At cne time, at one meeting Mr. Little and, I bless his heart for this little statement, proposed or suggested made the statement — probably not proposed, that the westbound off -ramp at Eagle Road be changed, that the free right tum be eliminated and that that off -ramp be turned into three lanes with the middle lane going left, right or straight, the left or right lanes going the respective direction which would eliminate the weaving problem. Another item that was discussed at a proposal the way this is drawn we're not sure where this road is going to end, is it going to end at Magic View and make a left turn or is it going to go to Locust Grove? If it turns and goes to Magic View based on the ACHD's own numbers this 750 foot road will cost $750,000.00 to the -tax payers. Mr. Little did state that this would be absorbed by impact fees from the developers, if they do that I wonder what other roadway projects they`ll have to turn down in those developments and I believe in my conversations with members of ITD board is this traffic light agreement that it won't be moved is really to staff level. I'm not sure that the board of ITD is in total agreement with that, I just make those points. MERIDIAN PLANK , AND ZONING APRIL 14, 1998 PAGE 29 Johnson: Questions for Mr. Williams? Smith: Yes, I have one. Dick with your background in the City (inaudible) and the fact that you represent the Homeowners Association over the past many months on this thing, what is your viewpoint of what you'd like to see in that property? Williams: Well contrary to what the'last speaker: said that we do know, I mean I could bring people in here tomorrow that would that are very serious about buying this, for office' use. They know what the costs are, they know within the range, that doesn't bother them. We quite frankly,had a group of surgeons from California and wanted to open a significantly large outpatient surgery clinic right there, that was a year ago. We did talk with the members of the City Council at that time with them about this so its — the fact that medical as we've looked at it or other type of professional offices. We know it's viable because we know people that are willing to step up and do it and that's what we — I mean with the market there we can go through all the financial planning and all the calculators that you want but the bottom line is if there's people that are willing to step up to it, and buy it that's what dictates the market: Smith: Based on the fact that you and the homeowners would prefer to see either a medical or a business building on a one or two story level and it's an 8 to 5 use type of thing versus the fact that you've got a service station in there that has no hours it runs 24 hours a day 7 days a week. Williams: Correct, and the way they've got it proposed that all that traffic 24 hours a day, is, going to come at that light one way or another and that's - Smith: That's,really the crux of your problem is the1act that aside from your — Williams: It's a high density use 24 hours a day and quite frankly I would hope that the City would encourage an office type of development professional people to move into the area. I would imagine with the way St. Luke's is going with professional offices you're going to have more of these people wanting to live in Meridian they don't want to live in Boise and drive out to Meridian, they want to , live close to their work just like all of you do like I don't but I would like to, it's much more convenient, its an opportunity for the City of Meridian to increase the j higher paid professional people to come into your area. Smith: Thank you. Johnson: Ms. Butler. 1 Butler: Mr. Chairman, Commissioners, again Joanne Butler. Just to — these will be a little bit out of order but I'd like to make a couple of comments in connection MERIDIAN PLANNIO AND ZONING APRIL 14, 1998 PAGE 31 Strite: Mr. Chairman and the Commission, Billy Ray Strite again. Just a real quick comment, although Terry didn't mention it there is a study that I provided Shari Stiles which indicated that regardless of what happens at this site the 108 - foot of right-of-way and I have to say that I'll have to give the ACHD kudos because they're still providing the 30 -foot of buffer to the neighborhood as well as providing the five lanes but there was a scenario done where there was five different scenarios for the 75 acres sitting west of the site in question and four out of the five of those required 108 -foot right-of-way as proposed with the 30 -foot buffer, the only one that could not meet that is if it — I believe and Terry could correct me — 75 -acres of all commercial and/or all commercial and office. if that site went all residential, that study suggested that that roadway would still be there regardless of what this site creates and I think that should be brought up. I'd also like to suggest that — and unfortunately I can't give you the exact numbers, I've searched through everything - I picked up a 24-hour count on Eagle Road in reference to what Mr. Williams said was a concern with all that traffic going north — (end of tape) — and I apologize and I don't want to use exact figures but the traffic volumes on Eagle Road dropped to less than 10% after 10:00 at night until over 6:00 in the morning so what I'm suggesting to you is if there was 500 cars an hour during the daylight, after hours there's less than fifty and that was conclusive in the numbering, please don't quote the 550 because I don't remember exactly what the numbers were but it was conclusive that less than 10% of that traffic after dark or after hours which would indicate to me that if in fact people were using the Chevron McDonalds as suggested by Mr. Williams they would probably and most likely take the least path of resistance which would be back to (inaudible) where in fact a left turn back to the freeway would be easily accomplished. In respect to the comment of the well, I'd like to only suggest to you and you probably already know, ITD's future plans for that intersection have already been drawn, they've taken the right-of-way, they're going to move that roadway section almost 25 -feet to the west,. the roadway itself will be closer to the well than anything we could even possibly consideron the parcel to the south and with that I'll answer any questions if I can. Johnson: Any questions for Mr. Strite? Borup: Yes Mr. Chairman I've got a couple. The one you may not be able to answer it sounded like you did have some information what — 22,000 trips a day on Eagle Road is that pretty accurate on traffic count that was what you said earlier. Strite: Mr. Chairman, Commissioner Borup, right now the figure on Eagle Road is closer to 30,000 cars a day. Borup: Okay, and then do you know what the projective count would be on the new 108 foot right-of-way road or does Mr. Little need to answer that? 1, MERIDIAN PLANNIOAND ZONING APRIL 14, 1998 PAGE 32 Strite: Mr. Chairman, Mr. Borup, I think that Terry could tell you, I think the volumes are in there in the turning movements, I'm not sure of total volumes but ' the turning movements — Borup: Okay, I can ask that later. And from what you had stated to your understanding that this is based on just the 75 acres to the west with no tie into Locust Grove or any other areas — Strite: I believe that that study did not tie to Locust Grove, it took the alternate B as suggested by ACHD which took the road westerly if you will to approximately 400 feet west of this parcel, I believe it would be the westerly -boundary of the Moore property returns and takes it south so that it would form an intersection if you will with a northbound lane of that circular and I think that's an extension of Magic View I could be corrected, it goes around and comes back north, that would form an intersection there. Borup: Okay that's what I was originally thinking 1 was wondering if that was still Strite: That's correct. Borup: I do have a question on the other — we hadn't really, well — Mr. Chairman I guess my question is really pertaining to the conditional use, would you rather I waited on that? Johnson: Well we've got a lot of conditional use testimony already in here so go right ahead. Borup: Its -on the building, on the'Chevron building station itself and.we really haven't talked about that, tonight we've got some information in our packets. One of the staffs — this is something that's been bothering me for awhile and it was in the staff comments about two of the existing Chevron stations we already have in Meridian that the lighting at the other two are not in compliance with the City ordinance that the owner has been requested formally in writing. It seems to me that he more than just completely disregarded and showed contempt for the City, in ignoring that. One of the situations after receiving the letter they tore the lights down and put up brighter lights which is almost throwing it in our face and I don't know if you're in the position to make any comments on that but 1 would be interested if there is any — Strite: Mr. Chairman, Commissioner Borup, I cannot answer nor make comment to the last part of your original statement however I can tell you that we have proposed on"this particu;ar site recessed fixtures quite similar to those the: are at the Garrett station at the corner of Chinden and Garrettin Boise, they are a recessed fixture as opposed to a surface mounted fixture that the foot candles of MERIDIAN PLANNO AND ZONING S APRIL 14, 1998 PAGE 33 which will not allow airplanes to land, they are considerably less, there will be no brain surgery done under this canopy. I think that we suggested that to the staff and I thought that we had under testimony last time brought that up, its a very good point but we have taken that under consideration. Borup: So its your understanding that there's no conflict with. Chevron nationally to change the lighting to that — Strite: .Mr. Chairman, Commissioner Borup, we did the Garrett station for another' (inaudible) and I assure,you that we can get that done. Borup: I had heard indirectly from a comment that the owner had no choice that Chevron dictated that and — Strite: Generally that's the case. MacCoy: Let me jump in here because you and I have discussed this and I was one of the ones that went to the Chevron station up on the Meridian First Street area right off the freeway off 1-84 and they had flush recessed fixtures and there was approval type of thing that we went through when they put those up in there and then they came back and I think I was present when they came in and they took them down and put up the fixtures you`now see today and I went back in and complained to the manager and I said this is in violation of our codes and so on and it was a blinding factor for the drivers on the street at night time and his answer directly to me was that he would check, I went back two weeks later and he said that it was the Chevron corporation would (inaudible) the whole thing and he had no say so in that and like Commissioner Borup here I'm really concerned from the standpoint that,we get a station put together like you state here and we end up, a year down the road and all of a sudden the lights change again. Strite: Mr. Chairman, Commissioner MacCoy, again you're probably speaking to the wrong person however 1 can tell you that we've done a number of stations with recessed fixtures. MacCoy: And you don't have any problem with them coming back from the corporation and pulling those things down? Strite: Mr. Chairman, Commissioner MacCoy, we have not today and that's probably three to five years. I certainly would not be so pretentious to suggest to you that I can control what Chevron does or does not do. MacCoy: Anyway I was a little bit upset about the whole thing because I felt that we have a City we have certain rules and ordinances and they agreed to abide by those and then they blatantly in my view point did what they darn well pleased. ,I MERIDIAN PLANN* AND ZONING APRIL 14, 1998 PAGE 34 Strite: Mr. Chair, my suggestion would be if in fact that is still a concern after this testimony that that become a condition of approval. I think that would put teeth into that particular part of the ordinance as well. MacCoy: Well I thought it was on the last job too but — Prior. I can address that, that was actually a condition of the approval of the previous Chevron station, in fact I think it was explicitly stated that the Chevron was to use the recessed lights and it was just disregarded: What I guess I would , just like some guarantees myself personally that you folks aren't — what's going to stop you folks from doing it again, let's just get right to the chase. Strite: Mr. Chair, again I think you're speaking to the wrong person certainly there's somebody here who can answer that for you. I'm not sure I can do that. I'd be happy to answer any of the design questions that perhaps I can handle. MacCoy: I have no other questions. Johnson: Thank you. Mr. Smith? Sorry I didn't mean to shut you out. Smith: I've got a couple of questions. I haven't seen the credit union building six times, this is the first time I've seen it and could you talk a little to the design of the — I've read through the material description here as part of your application but I'm unclear as to the location of some of the different materials and maybe the overall heights, scale and so forth. 'Strite: Yes sir, Mr. Chair, Commissioner Smith, the building is basically a square shape, its 60 x approximately. 90 feet, it has a 4 and 12 pitch that's consistent with the neighborhood, we have asphalt, decor asphalt shingles on the roof, we have a band of EIFS or stucco if you will bordered at the bottom by wains coat of dark colored brick, the canopy on the south side has two large columns which support the canopy — excuse me four large columns that support the canopy, those are made of a wains coating of brick with a similar material stucco on the lower side with wood banding and wood fascias around the periphery, there's an entry on the south — excuse me north-westerly comer if you will, that entry canopy is another hip roof that is supported by two columns similar to the columns on the drive-through and I think with that the materials selected not only were selected to better identify with the neighborhood but also the credit union felt that they liked the idea of a more homey, a more residential type structure. That is a fully trussed roof, again 4 and 12 the top of the ridge is approximately 22-feet I believe, again at 4 and 12 pitch the plate height on the building itself is at 9-feet, the canopy is obviously at 13 feel because we're anticipating larger vehicles. MERIDIAN PLANNI*AND ZONING APRIL 14, 1998 PAGE 3 5 i Smith: Okay thank you. I think its successfully addressed the thingsyou tried to accomplish there. I'm a little confused though on the speaker at the drive- through, there's three lanes there and I'm assuming that one of those would be an ATM or could be an ATM but that still leaves a second drive-through and if somebody's in that lane and they need to communicate with the teller inside do they roll down their windows and yell at each other or — I just don't see it working without a speaker. Strite:- Mr. Smith the third lane is solely a bypass lane if you will, if you'll notice over on the site plan that is a bypass lane,- there are opportunities here at certain times in the day when the line trucks come through here and we wanted to give them adequate access so if effect the third lane as you see it on the floor plan if you will is the escape lane on the site plan it is not in itself a lane so all the controlled mechanisms between the drive-through tell takes place on the second lane that's shown there, actually it 'is only the second lane on the site plan and then obviously through the window and that is done through as you probably know as well as I doing your banking, that is done at close range and again at 8 to 51 don't foresee that as being a problem especially on the south side of the building. Smith: I don't see a problem with having a speaker there either but I just was curious so — Strite: I'd like to also if I could — and I'm sorry 1 forgot to suggest to you that there is an ATM but the ATM is a walk-up and it's located on the south wall of the entry if you look at the entry where its truncated there on the north-westerly corner, the ATM is a walk-up ATM which is located at the front door, and will not have drive - up traffic. Smith: Okay; and then from a'site planning standpoint I think you had identified 57 required spaces but you have 105 and I'm just curious why there was felt to be a need for such an excess amount in parking spaces. Strite: You got me. Mr. Chair, Commissioner Smith, first of all because of the seating in the McDonald's facility we are required to have 45 parking spaces so if in fact if you're referring to the requirement by City code based on the ordinance at 1 per 250 cutting aside the seating capacity then you're probably correct if in fact we're referring to the seating capacity there's a need for 45 parking spaces alone for the McDonald's portion of the facility then there's one per 250 square feet for the remaining Chevron portion and I believe one per 250 or perhaps its one per 400 for the bank, I'd have to run over there and take a look but Smith: I'm just reading off the site and building data — Strite: Well I apologize, 1 don't have that in front of me but — i MERIDIAN PLANK* AND ZONING • APRIL. 14, 1998 PAGE 36 Smith: What you have on here is 27 required spaces for the McDonalds and the C -Store, 25 for the credit union, for a total of 57. Strite: Okay, that is as required by ordinance, in other words if we went strictly by the Meridian City ordinance that is exactly what is required but McDonald's has. asked us to provide a minimum of 45 parking spaces for a facility in a (inaudible) situation like this. Smith: So that would be an additional 18 spaces besides .the 27 that's required by ordinance? Strite: That's correct and then what we've also done is on the bank — excuse me the credit union, is you'll notice on the site plan that credit union is expandable to 5,000 feet therefore we've taken the westerly bank and used that for employee parking which will ultimately become required- parking for that facility at the time of expansion so that may make the difference if you consider that inordinate, I'm not sure the jest of the question but my assumption is that you think that's an inordinate amount of parking. Smith: Well yeah I guess where I was heading with it was to see if we could cut down on the amount of hardscape and put a little more into the landscaping along Eagle. Strite: Well I think that's an excellent point but — Smith: I would like to ask you though to go back and study that again with the actual.figures on what's going to be, required for the expansion and if there is an opportunity there to reduce some of that and that you take a serious look at doing that Strite: Mr. Chair, Commissioner Smith, one of the things that I think you'll find that this facility as designed now as well exceeds the 5% of the required ordinance landscaping as well as providing the 35 -feet of quote corridor entry landscaping, not only as you can see by the landscape plan are we providing 35 - foot of softscape we're also doing burms as well as some high plant material which will obviously soften the corridor. If in fact there is a need for that and you know if you think that the percentage of landscaping as opposed to hardscape which certainly I would agree in one sense but at the same time the percentage of landscaping here far exceeds the 5% minimum. Smith: I'm not disputing that. One last question for you was you've identified on here this burm along this proposed roadway to the north of the site by others, I was curious if by others is who that — . i 3 MERIDIAN PLANNI*AND ZONING APRIL 14, 1998 PAGE 37 ff Strite: Mr. Chair, Commissioner Smith, that will no longer belong to the , applicant, its my understanding ACHD will take care of that. That parcel once the 108 -feet of right-of-way has been taken is no longer part of the application. Smith: Alright, I understand. That's all the question's 1 have. Johnson: Anyone else? Thank you. There's a gentleman over here that wanted to testify. Truax: Rod Truax, 3091 Autumn Way. Prior: Do you promise, swear or affirm that the testimony you give at this public hearing will be the truth, the whole truth and nothing but the truth? Truax: I do. Prior: Proceed. Truax: Commissioners, first of all I'd like to start by thanking you for considering the neighbors of the community there, this is not the first time for me here as well, I'm on the very north-west comer of this project here and we've made a significant improvement from what was originally proposed and as one of the neighbors the credit union is definitely a lot more in keeping with what we had in mind. The roadway though is still obviously a major point of contention and the lady made the comment earlier that it appeared as though we might me be trying to stall this or delay that project as it was originally proposed, I would apologize for not being more obvious about that, we had intended to bring it to a screaming halt in any way we could however its a lot more palatable in its current proposal. As one of the neighbors and.the discussion about the -lights -and having gone around to some of the stations -and looking at the lights as a resident.the only suggestion or request that I would propose would be that possibly the Chevron station be rotated a full 180 to put the canopy and lights on the other side of the building in case they did decide to put in their own landing lights or whatever, so again I'd just like to thank you gentlemen for your consideration for the neighborhood and making it one that we can continue to live in, thank you. Johnson: Any questions? Thank you, anyone that would like to come forward? Butler: Mr. Chair, Joanne Butler, if you would like an answer to just the question that was raised about the lights and also maybe that rotation issue. I think Mr. Prior and maybe Commissioner Borup raised the question about the lights, just 1. can tell you what I know about that and that is after Locust Grove opened I guess my client had a conversation with Shari Stiles about the lighting and in a passing conversation with the Nlayor thereafter he was told that from a safety perspective the lighting was appropriate and so did other customers in the area. I know that .. I MERIDIAN PLANNIOAND ZONING • APRIL 14, 1998 PAGE 38 when the staff report came out and I saw the comment in the staff report, I did talk to Ms. Stiles about that to ask her about that and she relayed the same story to -- the story that she had had conversations in the past, my client just reminded me and to tell you the truth I cannot remember I guess I had said to him at one point that after my conversation with Shari a letter was due to be coming to us about this issue, I just went through my file and we haven't gotten a letter but if the City wants to send,a letter on that issue we will certainly discuss it with the City and somebody asked a question about what would ensure that this does not happen if we're making the representations that we are doing recessed lighting and what not then of course putting it in the conditions of approval and making that part of our permit then can be revoked if that is not undertaken would make that enforcement possible for the City. I understand the idea of rotating — the reason that the station is in the orientation that it is today is because of request of some neighbors, I'm not sure if it was the same person that got up to speak but that is something that can be looked at but I think that this was done deliberately in this orientation because of previous requests, thank you. Johnson: Just a minute please — could you — did you have a comment you wanted to make to that before I ask her a question? I'll ask her a question and you can think about it. Stiles: With regard to the lighting we did have a conversation quite some time ago, I wasn't aware of a letter being requested regarding that, I believe certified letters were sent out by Dean Ehlert when he was here as a Code Enforcement Officer to whoever the property owner is listed at those properties and I can look that up but I wasn't aware of you waiting for a letter when the request had been made, you know it was a condition of the conditional use permit -and we felt that just the fact that the illumination was not to cause a glare or impact adjacent residential properties should have been sufficient to warrant, changing it. Butler: Thank you and thank you Mr. Chair, we'll look into that with the City we weren't aware that — or my client was just saying that not aware that that was a condition of approval so we'll review that with the City further. Prior. Mr. Chairman, I have a question real quick if I may. Johnson: Sure Mr. Prior. Prior: Is the owner of the Chevron station here, the one who owns it on Fairview, r is he here tonight? Butler: Yes. Prior: Would you mind if I ask him a question, I'd like it for the public record personally. MERIDIAN PL ZONING APRIL 14, 1998 PAGE 39 Butler No, that's fine. Prior: Just state your name and address please. Eddy: My name's Steve Eddy 3775 N. Sawgrass. Prior: Do you promise, swear of affirm that the testimony you give at this public hearing will be the truth, the whole and nothing but the truth? Eddy: Yes, I do. Prior: Great. Sir, just real simply, why should we grant this conditional use permit for this Chevron station when you've disregarded the lights at the other stations, I just — Eddy: I don't believe we disregarded anything. When that station went in 1996 there was nothing in our conditional use that covered anything on lights and I think if you look that up you will see that. Prior. To my knowledge I recall coming across something saying that they were supposed to be recessed lights — Eddy: —That's not true. Prior. -- And in fact I believe when I first started with the City I had a number of discussions with Mr. Ehlert in regards to that particular_ subject. If I recall — Eddy: The only time I've talked on those lights is Shari called me within three months of that station,opening in July of 1996, 1 have not heard -anything on those lights since — Prior: -- So what you're saying is you've never heard any complaints or anybody complain about those lights? Eddy: We've had more positive comments about those lights — I met with the Mayor in the last six months, we talked about those lights, we told the Mayor at that time this station would have the recessed lights, we told him where to go look and he actually referred to Locust Grove as being a more safe and inviting environment with those lights and I have never — I mean when that station opened I was there during the occupancy permit with the two guys that signed me off for occupancy, we looked at all the lights at the facility, they signed off for occupancy at that station at that time and we were within all the regulations we thought we had to meet. MERIDIAN PLANNIOAND ZONING . APRIL 14, 1998 PAGE 40 Prior You thought you had to meet? Eddy: Well that we had to meet. I mean we were signed off as occupancy on the station. I mean if we were — Johnson: Are we confusing two locations here? Eddy: No, no, no, we're talking about Locust Grove, that was the one built in 1996. Johnson: The first comment about lighting here.tonight was about the Chevron on East First Street. Eddy: Okay I thought we were talking about Locust Grove. East First Street was built in 1991 and I know there was'no conditions on that facility and I don't believe there was any on the Locust Grove facility either that I remember. Bill Strite did the plans on that also and I don't know if he remembers anything. Strite: = I don't. Eddy: I don't recall anything very honestly. Johnson: But you can ask him anything you want about design as long as it doesn't have anything to do with lighting. Eddy: But I mean the reason we put those lights in was to create a more safe environment, that was the only reason. Locust Grove has too many lights, that was one of the first stations with that fixture and we put too many of that many up. Jackson's Food Stores at Eagle Road has that same -exact fixture, he had them before us but we put a little too many up I would agree, we didn't know what' the lighting would be and that was what the lighting manufacturer recommended me putting on that canopy which is a lot larger than the Jackson canopy. Johnson: He sells lights. Eddy: Well you're right, it has too many — I would totally agree it has too many lights. Prior. So if I'm able to come up with a condition on the conditional use permit saying otherwise I imaging that you would be concerned that you've been violating a condition is that right? Eddy: Yes, I would be. Prior. And that would be a reason that we may ought to have a look into that — MERIDIAN PLANNIl'@IAND ZONING APRIL 14, 1998 PAGE 41 Eddy: Yes that would be, you're right. I r Prior. Alright, thank you. Smith: Mr. Chairman I had a question for Mr. Eddy. Johnson: Mr. Eddy you've got another question here. Smith: Was there any specifications on candle power, is that something that's normally in a set of plans? Eddy: The typical canopy light is 400 watts, metal halite bulb and that's pretty common throughout the industry. The lights that we propose for the new Eagle Road were a full flush surface mount that basically just had straight down lighting there was no visual affect from the side at all. - We had told the City Council and Planning & Zoning prior to, you know if somebody could look at the station at Garrett and Chinden in Boise, it has the new lights. Smith: You're talking for what you're proposing now — Eddy: Correct . Smith: But at the time and I assume that's right there wasn't anything really specified as far as candle power and — Eddy: No, I am certain that there wasn't. Smith: Well I'd agree —1 mean 1 think that's probably right; is that something maybe that should be in, that should be specified or is a flush mount be enough Eddy: -- I think the flush mount — Smith: And the other question I had was what was the reasoning for removing the lights on East First and putting the others in. Eddy: East First has I think 21 canopy lights and we replaced those just for a brighter image at that station and I haven't heard one complaint on that station this is the first time that's been brought up here at this meeting on the East First station. Smith: Okay I just from my understanding of sequence of events that happened after comments on. Locust Grove. MERIDIAN PLANNI*AND ZONING . I APRIL 14, 1998 PAGE 42 Eddy: Locust Grove's biggest problem is there's too many, I think if we took part of those off it would fix a lot of the problem. ' Smith: Thank you Johnson: Joanne Butler I need to ask you a question. About an hour ago a Mr. Chuck Horel had a question regarding ownership and I think he may have got confused by some testimony by Gary Skeen, could you clear that up for him? Butler. Can the question be repeated please? What exactly Mr. Chairman -- Johnson: Well I think there was confusion when the. representative of the credit union talked about purchasing property when I think he was talking about rental costs. Butler. I will let the person that knows the answer to that question respond. Strite: Mr. Chair, Billy Ray Strite. That lot was a legal lot of record some twenty- five years ago and according to our Civil Engineer that lot is eligible for a one time split that would allow this parcel to be split into two parcels, one which would go (inaudible) to Idaho Power Credit Union which is presently the contractual arrangement, the other would remain with the applicant. Johnson: Okay thank you, I think that probably.will clear it up. Smith: So that is the intention to do a lot split? Strite: Yes sir, take the one-time split. Johnson: Anybody else have anything they'd like to add this evening? Nelson: Mr. Chairman, I'd like to ask Mr. Little a question. Johnson: Okay you may do so. Nelson: Mr. Little I guess I'm just a little confused still and maybe you could just clarify for me the proposed roadway and it's traffic counts and then how its actually envisioned to extend to the west once it gets behind this parcel and then does it go all the way to Locust Grove, you know what type of development in this acreage between the freeway and Locust Grove and Eagle it was envisioned in that planning all that stuff. Little: Alright with respect to traffic, the volumes was that one of the questions? Nelson: Yes. MERIDIAN PLANNIP&AND ZONING APRIL 14, 1998 PAGE 43 1 Little: I would point out Eagle Road I was just checking that November of 1996 ' the account was 31,975 south of Franklin, -the 28,000 was north of Franklin taken at that time. We looked at five different land use scenarios for the build -out of this area and they varied from 895 in the peak area and if you took 10% is peak that would be 9,000 that would be with residential build -out. The one with the commercial, the 35 acres of commercial that was not accommodated — had a level service F, had 27 would be about 2,700 now or 27,000 a day which would be getting close to what Eagle is today, of course by the time it gets there Eagle will be long past that and then the one that was projected to be as close as we could interpret to the Meridian Comprehensive Plan business park was 22,000 or 2,200 peak hour. I do not believe we took into account any additional traffic — let me just check this — I believe it was just the traffic from that, we are looking at a potentially something that would connect through but not be a direct shot to heavy traffic, another thing I'm not so sure they gave enough credit to Magic View as well because that will definitely the signal and the conflicts at the new street and the St. Luke's driveway will provide a lot of access to where people will typically use that for a right turn out. I have schematics of the diagrams that we did for the road, near term and long term if you'd like to see those I have overheads, I don't know if you're set up for an overhead projector or not and I have hard copies — Nelson: I would be interested in seeing that yes. Borup: While they're setting that up maybe I could ask Terry a question. Were your accounts did you say was not based on any traffic on Magic View, that was 100% traffic on the proposal or near that? Little: I think itis based on the traffic being accommodated at the'new street because and I don't know positively but as I look at these traffic counts the left turns- in and comparable to the right turns out and that doesn't make sense, most people would go up use the signal to turn left in to turn out there would be much more tendency to tum out. Example is Costco, in 1991 that was almost a parking lot out in front of Costco, we had to go in put in a barrier, close off a driveway so it was just a right tum in and out and it signalized the next driveway. They get an incredible amount of right turns out of that driveway because of the gaps that they get in traffic you know most people don't wind their way back to go to a signal to turn right and I envision the same thing here. — Okay this was one alternative, we had a long term A and a long term B — here's the short term, the near.term A would probably most useful to look at it that way and this would come down the property line, we did talk to the property owner or the property owner showed up at one of our meeting on this property and he was just concerned,that is be close to a property line and that it not cut him in haif, this was a — to take it in as short of alignment as possible this would be the long range the short term again had just — let me point out the differences — its got MERIDIAN PLANNJ& AND ZONING APRIL 14, 1998 PAGE 44 just three lanes at the intersection, three lanes on the north -south (inaudible), this one thelonger term has double left turns and a right through going out it has five a lanes at the intersection if you'll note that, that's the difference in.what we perceived as a longer term. The other variation was near term B and this takes it on over and ties it into the street, again it has three lanes at the intersection in the near term, initially it would just be out to here to provide a driveway here, this would be next phase as the road is built out at three lanes a single left turn off Eagle Road and then in the longer term end up with a double left tum off Eagle Road so you would have two receiving lanes that would come around off of the and two lanes around it would be counter clock wise and then one land from that., so in both scenarios it was three lanes back in here fans out at the intersection to minimize delay on the intersection and the amount of green time that would be needed to allow that traffic to go so that was the two scenarios and the near term and long range for both. Now our consultant looked at additional lanes and further build out of that, six lanes on Eagle Road and additional approach lanes here., I really don't think the right turns will materialize as heavy as they anticipated but to have a double right tum under that all commercial where that heavy commercial scenario. Smith: Okay so if I look at the right-of-way that's identified on Mr. Strite's plan it looks like you're — am I correct in assuming that ACHD is looking more towards the farther west extension of this roadway as opposed to bopping off the back northwest comer of that property and turning it right back down the property line? Little: Let me check my notes. The staff reports dated February 4, 1998 page 4 recommendation 2, said approve variation B as shown on attached drawing as the appropriate'extension of the road and that would be the one that we have up there I believe — yeah that's variation B and the shorter term, near term is the same configuration it's just different at the intersection. Smith: Okay thank you for clarifying that for me. Johnson: Yeah we'd like some hard copies of that for the record, you can keep your overheads. Borup: Mr. Chairman I just had another clarification'for Terry while he's still up. I've still got a question on these trips and you're talking about build out and commercial, was that based on what we just saw? You're not looking at bringing that road back further to the west then and the build out and trip figures and etceteras? Little: Not necessarily, the trip volume wasn't built on the designation, I mean it could be flexible from the standpoint if there's agreement as to how to do it we're not hung up on the alignment. MERIDIAN PLANNII W, AND ZONING APRIL 14, 1998 PAGE 45 "Borup: 1 guess I was assuming those trip figures were based on build out of the 75 acres. Little: But it doesn't matter to us whether they get there from Magic View and come up or whether it goes out there and they come from both sides, they all will eventually get to Eagle Road was the thinking on that. Borup: So either way then the road would (inaudible) tum to the south and over, to Magic View and not continue along the property lines of the subdivision, 1 mean none of yours showed that so — Little: Right, we're not envisioning'staying along that line, we could see the possibility it could come somewhere down in between and be double fronted by commercial property or something like that. What typically happens is the first person in the door at the street we end up having to set an alignment, next person comes in there's a little more flexibility, often times cost wise it's'a different participation, Corporate Drive is an example where the Developer is pushing the construction of it, he's carrying it were just paying the difference where we have to force it in a almost a surprise manor where it's not really fair to put it on a developer we end up paying sometimes the whole barrel such as this but as we get down there and working with development it becomes a cooperative thing, its not our job — we don't envision it as our mission to go out and build roads for development, we cooperate with them and try to accommodate that and work together with them but we had hoped as it goes on that it could be more of a partnership in terms of the costs and that because they would have to build some kind of traffic network and its an advantage to them to get to a traffic signal as you get further back. Borup: I understand -and ,I think that makes sense, otherwise twenty years from.. now everybody's complaining about why didn't you plan. Johnson: Anyone else? Okay thanks Mr. Little. Is there anyone else that would like to make a comment before we close public hearing? Nelson: Mr. Chairman I would just like to clarify something from Ms. Butler that a statement that she made earlier at the beginning of this public hearing and it had to do with a reference to previous planning and zoning decisions that were made I think in particularly regard at a Jackson's Food Store, I've been on this Commission for less than a year, I wasn't involved in those decisions, I don't know what the perimeters were that they had to consider when they made those decisions therefore l don't feel bound to necessarily consider those issues in regards to this matter and its not going to influence my vote one way or the other, same in regards to the tax base I don't feel that goad planning decisions are made with necessarily paying attention to what it does for the City's tax base and that's not going to enter into my consideration on this proposal one way or (208) 388-1000 Facsimile (208) 388-1001 sbattys@primenet.com Angel Sims City of Meridian Planning & Zoning 33 E. Idaho Avenue Meridian, ID 83642 0 4P SPINK & BUTLER ER Attorneys and Counselors at Law 607 North 8th Street, Suite 310 P. O. Box 639 Boise, Idaho 83701 April 16, 1998 Michael T. Spink 388.1092 JoAnn C. Butler 388-1093 RECEIVED APR 17 1998 WY OF NERRHAN Re: Hearing Tape of 4/14/98/Eagle Partners/Annexation/Rezone Conditional Use Dear Angel: Enclosed please find two 90 minute tapes (High Bias, Maxell) for use in recording the hearing dated April 4, 1998. Also enclosed please find a self-addressed stamp envelope to return the tapes after recording. Thank you. :jch Enclosure Very truly yours,qaaL aa p Jackie Call -Hildebrand Assistant to JoAnn C. Butler MERIDIAN PLANNING & ZONING 9COMMISSION MEETING:. APRIL 14, 1998 APPLICANT: EAGLE PARTNERS AGENDA ITEM NUMBER: 5 REQUEST: ANNEXATION AND ZONING OF 4.13 ACRES TO C -G y t AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 3/10/98 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT:�� CITY FIRE DEPT: SEE ATTACHED COMMENTS T/ CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: r G` MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER:' US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER SEE ATTACHED LETTER DATED 3/2798 AND LETTER DATED 3%16/98 All Materials presented at public meetins shall become property of the City of Meridian. -,mss 3 ��, a� p h6 A a • MERIDIAN PLANNING & ZONING COMMISSION MARCH 10 1998: The regular meeting of the Meridian Planning and Zoning Commission was called to order by Chairman Jim Johnson at 7:00 P.M. MEMBERS PRESENT: Mark Nelson, Byron Smith, Keith Borup, Jim Johnson, Malcolm Maccoy. OTHERS PRESENT: John Prior, Gary Smith, Shari Stiles, Will Berg. MINUTES OF PREVIOUS MEETING HELD FEBRUARY 10, 1998: Johnson: Any corrections, additions or deletions to the minutes? Everybody approve of the way they are written? No one has any comments, then I will entertain a motion for approval of the minutes as prepared. Smith: Mr. Chairman, I'd like to make a motion we approve the minutes as written. Nelson: Second. Johnson: We have a motion in two and a half seconds there to approve the minutes as prepared. All in favor, say aye. And opposed? MOTION CARRIED: All aye. ITEM NO. 1: CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 4.13 ACRES TO C -G BY EAGLE PARTNERS LLC: Johnson: 'In conjunction with that is item two which is also a continued hearing for a conditional use permit request for the same item. McDonald's window drive up and Idaho Power Company Credit Union with drive up banking by Eagle Partners, LLC. In our file today we received two letters. One from BRS Architects representing the applicant. A letter which states we are requesting a thirty day deferral for MCU43-97 which is the application we are talking about. As you are aware ACHD and Meridian City Council have come'to the unfortunate conclusion, I guess that's a matter of opinion, that a new roadway will be required thus necessitating a total site redesign. The attached revised site plan demonstrates that the remaining site is of sufficient size to meet all city requirements. And they are asking for a referral based on that. We also have in our possession a letter from a homeowners association on attorney letterhead which always scares me, addressed to myself, written by Howard Foley. Please accept this letter on behalf of Greenhill Estates regarding the public hearing scheduled for this evening. It is Greenhill Estates' request that the hearing be deferred until such time as ACHD and or ITD, which is Idaho Transportation Department, resolve issues of roadway placement at this project. So this is also a request for a deferral. We pay attention to tie applicant's request for deferral and less attention to someone who's not an applicant. However, in this case, it's up to you commission as to what you want to Meridian Planning and Being Commission March 10, 1998 Page 2 N do. We've been doing — playing this game for some time. It would be my suggestion in light of not having additional information from the powers to be which in this case happens to be ACHD that we continue this public hearing to our next regular scheduled meeting, which is April 14"'. Any comments, discussion? Borup: Sounds appropriate, so 1 move that we continue this public hearing until our next scheduled meeting of April 10. Maccoy: Second it. Johnson: We have a motion and second. Any further discussion to defer this until our next meeting in April? No further discussion then, all in favor of the motion. Opposed? MOTION -CARRIED: All aye. ITEM NO. 2: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHEVRON C - STORE, MCDONALD'S WITH DRIVE UP_ P WINDOW AND IDAHO POWER COMPANY CREDIT UNION WITH DRIVE UP BANKING BY EAGLE PARTNERS: Johnson: Same thing for item two. Do we agree on that? Smith: I agree. Johnson: Another motion please for the record. 1 Nelson: Mr. Chairman, I would like to make a motion that we continue this public hearing until our next regularly schedules meeting on April 14th. Smith:V Second. Johnson: Motiomand second to also continue item two, the conditional usepermit requesttuntil April the 10. All in favor? Opposed? MOTION CARRIED: All aye. Johnson:' Is there any questions from anybody in the audience? ITEM NO. 3: REQUEST FOR A CONDITIONAL USE PERMIT FOR A RETAIL SHOPPING CENTER — 2030 W. FAIRVIEW AVENUE BY TOM`BEVAN: Johnson: At this time I will continue the public hearing and ask Mr. Bevan or his representative address the commission. Are we going through the swearing process? Prior: I believe we are: 0 OFFICIALS HUB OF TREASURE VALLEY COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk., ;' A.GObd Pl3Ce to. Live '' WALT W.1MORROW, Pfesidenf:- JANICE L. SMITH City Treasurer_ 'GARY D. SMITH,P,E., City Engineer, CITY : F M ERIDIA ADA COUNTY HIGHWAY DISTRICT _BYRON SMITH, P/Z ADA PLANNING ASSOCIATION —KEITH BORUP, P/Z RONALD R TOLSMA 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 R. BENTLEYEE BRUCE D. STUART, Water Works Supt. _WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) _SEWER DEPARTMENT JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHQ YOUR CONCISE REMARKS:` DENNIS J. SUMMERS, Parks Supt. MERIDIAN, IDAHO 83642 P a z coMMlssloN SHARI L. STILES, P & Z Administrptor Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman KENNETH W. BOWERS, Fire Chief Public Works/Building Department'(208) 887-2211 MALCOLM MACCOY W.L. "BILL" GORDON, Police Chiel ` . Legal Department (208) 884-4252 KEITH BORUP WAYNE G. CROOKSTON, JR., AttbmeN MARK NELSON y ROBERT D. CORRIE' BYRON SMITH Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS :.W..ITH 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:. ~March 18, 1998* —.HEARING DATE: April 14, 1998 REQUEST: Annexation. rezone & conditional use — SUPPLEMENTAL 1 INFORMATION BY. EAGLE PARTNERS LLC LOCATION OF PROPERTY OR PROJECT: NW comer of Eagle Road and Magic View Drive — 603'S. Eagle Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT r' MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, PfZ ADA COUNTY HIGHWAY DISTRICT _BYRON SMITH, P/Z ADA PLANNING ASSOCIATION —KEITH BORUP, P/Z - 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 PLAT) _WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) _SEWER DEPARTMENT - IDAHO TRANSPORTATION DEPARTMENT " BUILDING DEPARTMENT FIRERTMENT • YOUR CONCISE REMARKS:` POLICE DEPARTMENT.:..: _CITY ATTORNEY L O C�� S (.is o LC_ �u 4(o st MEf —CITY. ENGINEER 5 u �- p 5 L) A ft -r S`c 1 .S r: �K/mss S � +•s _CITY PLANNER PARKS DEPARTMENT CITY FILES • 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 Administrlator KENNETH W. BOWERS, Fire Chlof W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Att�mey •t Ni1R OF TREASURE VALE • • r�Ncu M��aa�a� A Good Place t0 Live . WALT W. MORROW,, President CITY OF MERIDIAN RONALD R. TOLSMA GLENN R. BE TLEREE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON. Chairman Public Works/Building Department (208) 887-2211 MALCOLM MACCOY + Legal Department (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 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: March 18, 1998 HEARING DATE: April 14, 1998 REQUEST: Annexation rezone & conditional use — SUPPLEMENTAL INFORMATION BY: EAGLE PARTNERS LLC LOCATION OF PROPERTY OR PROJECT:_ NW comer of Eagle Road and Magic View Drive — 603 S. Eagle Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z _BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR —RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE.PE42ARTMENT _POLrCE' 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 CITY OF MERIDIAN WASTEWATER DEPS PEAR 2 3 1938 CITY OF 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. 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 i A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Legal Department (208) 884-4252 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 Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: _ April 7, 1998 TRANSMITTAL DATE: March 18 1998 HEARING DATE: April 14, 1998 REQUEST: Annexation, rezone & conditional use — SUPPLEMENTAL INFORMATION BY: EAGLE PARTNERS LLC LOCATION OF PROPERTY OR PROJECT: NW comer of Eagle Road and Magic View Drive — 603 S. Eagle 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, P/Z ADA PLANNING ASSOCIATION _KEITH BORUP, P/Z 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 PLAT) ,WATER DEPARTMENT BUREAU OF RECLAMATION(PRELI & FINAL PLAT) SEWER DEPARTMENT IDAHO TRANSPORTATION D MENT .,BUILDING DEPARTMENT FIRE DEPARTMENTYOUR CONCISE REMARKS: POLICE DEPARTMENT _CITY ATTORNEY CITY ENGINEER —CITY' PLANNER PARKS DEPARTMENT CITY FILES a 14AR 2 3 13993 CM OF MIRM-1141114 a CENTRAL CE '00 DISTRICT 'RHEALTH DEPARTMENT Rezone ## Conditional Use # Preliminary / Final / Short Plat _ L3D1 TRICT HEALTH-DEPARTRNT Environmental Health Division 0 Return to: ❑ Boise ❑ Eagle ❑ Garden Citya �] Meridian ❑ Kuna ❑ AcZ. Review Sheet (DHD 10/91 rcb, rev. 1/91- - ❑ 1. We have No Objections to this Proposal. MAR 3 1 1998 ❑ 2. We recommend Denial of this Proposalr?'� MERIDIAN ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data 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 thie 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, m Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 10. Run-off is not to create a mosquito breeding problem. , ❑ 11. R This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage F 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. 6H''/= /'1 VA&E 10 lj /-7� Date:--.? / 3 0 JX � IEhT BE9--r 1",41yA&-'14 NT R AACTtc4f- Reviewed By: Review Sheet (DHD 10/91 rcb, rev. 1/91- - e.s �7 ARCHITECTS -4 ­%Z'se"; A -'kv 1, ....... MAM W, - BRS Architects, A.I.A. tP. Y{ - 1087 West River Street, Suite 160 z_ :zWiz` 'pr'. - Boise, Idaho 83702 _Ve Telephone 208 336-8370 s �-A Fax 208 336-8380 1;4�' 27 ir 199'8 Ay March W "t !Z 4 kr* -U. Citylvof;",jMeri lan 1. V.- 'Idah6'--`,, ls"ID 169r"i d- n, J��,- 836� R Annexat ion-ana..`,ikd 2 one -41' A - 'G), pp .1,Cdt1bfi _(CbuntyeRT,.�tOXity�C ivis "ionl-;�� -V - V�Nb K f, e e iGn " ea r 1 du l,tfi'�d� I h h ' os' -n O -f-. c ,.We _M og ul -�d`�_o 27 , re .,sl �a r e h a� 'IlSl e I Ir 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 , FAX # 2M) MX1KXX 208-463-0092 26 March 1998 r Phones: Area Code 208 COPY OFFICE: Nampa 466-7861 B R S Architects xx��cxxc)cgrox 1087 W. River. Street, Suite 160 SHOP: Nampa 466-.0663' Boise, ID 83702 x�x*ocx4x4( x RE: Land Use Change Application for ChevronIMcDonald's and I.P. Co. Credit Union Dear B R S Architects: Enclosed please find a Land Use Change Application for your use, to file with the Irrigation District for 'its review on the above - referenced development. I Should this development be planning a pressure 'urban' irrigation system that wily be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District concerning the installation of the pressure system. .. 1 Enclosed is a questionnaire that you must fill out and returnt,in order to init°fate the process of contractual agreements. between you and the Irrigation District for the$ ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter please feel free to call on me at the District's office telephone numer listed above, or John Anderson, Water Superintendent, at the District's shop. j Sincerely, i" ,d- 14. L� �� Donna N. Moore, Assistant Secretary/Treasurer cc: File Water -Superintendent City of Meridian enc. -t APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 I i A RECEIVED Y MAR 3 8 1998 i ORGANIZE) 1904 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 29"WWXX 208-463-0183 25 March , 1998 Phones: Area Code 208 OFFICE: Nampa 466-7861 Will Berg, Ci Clerkx XXXW)MAX $ �� SHOP: Nampa 466-0663 City of Meridian x63txxxXW)M:kx 33 East Idaho Meridian, ID 83642 n RE: Annexation, Rezone & Conditional Use Permit - Supplemental Information - Eagle Partners LLC Dear Commissioners: The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 466-7861 for further information. All laterals and wasteways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to, all developments within the Nampa & Meridian Irrigation District. Sincerely, .bill Henson, Asst.. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH.dln 03-16-1998 11 24AM FMOM ELLIS, BROWN & SHEILS TOI'�"ti� FpoO ALLEN B. ELLIS" STEPHEN C. BROWN MAX M. SHEILS, JR. 'Aho Admitted in California LAW OFFICE ELLIS, BROWN & SHEILS, CHARTERED P.O. sox 388 BOISE, IDAHO 83701 VIA FACSIMME TRANSMISSTON (208) 887=4813 (Facsimile) (Original to Follow U.S. Mail) March 16, 1998 Mr. Jim Johnson, Chairman MeridianPlanningand Zoning Commission City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Ms. Shari Stiles Meridian Planning and Zoning 200 East Carlton, Suite 201 Meridian, Idaho 83642 Re: Application of Eagle Partners Eagle Road and Magic View Drive E13S No. 6162.2 Dear Mr. Johnson: Post -it'" Fax Note 7671 CoMept, 8874813 P I0i"` 707 NORTH M" STRY•: T OFFICE (208) 3457832 FAX (208) 348.9564+ ECEE MAR 16 11998 i,' MERIDIAN F )ate '�-1 _l!1 Pages;, itttttttttttttttt�a��a��.�`� ��-r�.vs[+�w�t�i In December 1997 Eagle Partners filed their application for annexation, rezone, and a conditional use permit for a Chevron/MeDonalds and Idaho Power Federal Credit Union at Earl Road and Magic View Drive. 1., As originally filed, the application did not provide for a new road running westerly from the existing signal at St. Lukes Hospital into Magic View Subdivision, since the road was not desired by the applicant or the neighbors to the north. Eagle Partners believes the signal should be moved t south to Magic View Drive. As a result of a recent meeting among the Meridian City Council, the Ada County Highway District board, and representatives of the Idaho Transportation Department board and engineering f staff, it is apparent that the existing signal will not be moved south to Magic View Drive and that a new road running westerly from the existing signal into Magic View Subdivision will be required as a condition of development in the area. I MAR 16 '98 11:27 208 345 9564 PAGEi01 03-16-1998 11:25AM FM ELLIS, BROWN & SHEILS TOO 8874813 P.02 Mr. Jim Johnson, Chairman Meridian Planning and Zoning Commission March 16, 1998 Page 2 f The Planning and Zoning hearing of March 10 on the Eagle Partners application was deferred to April 14 in order to permit the applicant to redesign its site plan to provide for the required roadway. Eagle Partners are concerned that this change in the site plan may constitute a material change in the plan from that for which notice was previously provided to the adjacent landowners and the public. In order to prevent any action of the City of Meridian from being challenged on the basis of insufficient notice, Eagle Partners would request that the city provide new notice of the application and the April 14, 1998, Planning and Zoning hearing, which would include posting, mailing to the persons to whom notice was previously mailed, and publication in compliance with the Meridian Zoning Ordinance. I have discussed this with Wayne Crookston, the city attorney, and he concurs thavit is appropriate. Because the of the proximity of the hearing date, we would request that the earliest possible attention be given this matter. Thank you. Very truly yours, gIaOWN SHEILS, CHARTERED SCB:dlm xc: Clients (Via U.S. Mail) Billy Ray Strite (Via U.S. Mail) JoAnn Butler (Via U.S. Mail) MAR 16 '98 11:27 208 345 9564 F r E n n A n TOTAL P.02 PAGE.02 ' AL� - --------- C:Y t"Y2 1111�- I', I DO 0 Z G) Z z G) m Ll m E � 3 /�� 2 cam-• 3 cn � --n r z OFFICIALS • HUB OF TREASURE VALLEY • 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 A'Good Place 6 Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Legal Department (208) 884-4252 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION t 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 eZoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 7, 1998 TRANSMITTAL DATE:_ March 18, 1998 HEARING DATE: April 14, 1998 REQUEST Annexation, rezone &. conditional use — SUPPLEMENTAL INFORMATION BY: EAGLE PARTNERS LLC LOCATION OF PROPERTY OR PROJECT: NW comer of Eagle Road and Magic View Drive — 603 S Eagle 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, P/Z 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 PLAT) _WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT ' _BUILDING DEPARTMENT FIRE DEPARTMENT YOUR CONCISE REMARKS: _POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER PARKS DEPARTMENT CITY FILES n r FFII ;iZ � � �, � � gaa=s •c cn ^ate. MiG=�,°�i Fab i FE$- O o ](map q gjai g<1Ir Z j{ FES tF°[�� 5 $;i : Y�i� a� �f r g I� a� - • a. I I rill i -a I I I r I a iily'ii 1T b I 'I I l 1 —t 'r:- oI w i; in 1 j ---------------- �^� @ d Z I I Ir u, r i 11 I1, Z� IIS I R I 0 I II I; E I I II II' I r 1 II I IIiI;I � �t - I I I I I� I I I I I � 1®6 R AOND, ROW. A I 4 I I I 1 I _____________ ___------------_ -------------- -- )6111' CNEYRONiI"IcDONALD'S endSM! MD �.Ll '► toss war isiv�e sr. � ..R..�,n,v,,o ..m.�� .,.. 1. P. CO. CREDIT UNION 3V M 3* -M W . n EAGLE ROAD 4 MA51D VIEW DRIVE, MERIDIAN, IDAHO ARCHITECTS FAX P a 11 4 I I Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD • 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 LEGAL DEPARTMENT (208) 884-4264 i PUBLIC WORKS BUILDING DEPARTMENT, (208) 887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 t i 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: April 2. 1998 HEARING DATE: April 14. 1998 REQUEST: SUPPLEMENTAL INFORMATION FOR. BY: EAGLE PARTNERS LOCATION OF PROPERTY OR PROJECT: NORTHWEST CORNER OF EAGLE ROAD AND MAGIC VIEW JIM JOHNSON, P2 MALCOLM MACCOY, P2 MARK NELSON, P2 BYRON SMITH, P2 KEITH BORUP, P2 ROBERT CORRIE, MAYOR —ROBERT ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH 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: �m I~ A 0 � a tr 4 MAGfG y1EW MIVb MERIDIAN PLANNING & ZONING COMMISSION MEETING: MARCH 10, 1998 APPLICANT: EAGLE PARTNERS LLC AGENDA ITEM NUMBER: 1 REQUEST: REQUEST FOR ANNEXATION AND ZONING OF 4.13 ACRES TO C -G AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES OF 2/10/98 CITY ENGINEER: CITY PLANNING DIRECTOR: s CITY ATTORNEY: CITY POLICE DEPT: r CITY FIRE DEPT: CITY BUILDING DEPT: ` MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: , IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEE ATTACHED LETTER FROM ST. LUKES DATED 3/5/98 All Materials presented at public meetings shall become property of the City of Meridian. { R j 190 East Bannock _ .� � • ;�, Boise, Idaho 83712 _ _ - _t'LU es 208-381-2222 =11 rF Regional"Med c At6nter� Edwin Ey Dahlberg President MAIA,- Oto March 5, 1998 199 Mayor and City Council _ SERI pIAN - 'City of Meridian _ 33 East'Idaho Avenue Meridian, ID 83642 - Idaho Transportation Department - - - Board of Directors a , 3311 ' West State Street ' Boise, ID783703 - Ada County Highway District Commission 317 East 37th Street _ - Boise, ID 83714, Re: Eagle Road/St. Luke's Driveway - Ladies and Gentlemen: We have been advised -that the ACRD Commissioners, the Meridian City Council and ITD - representatives will be meeting on March 5, 1998, to discuss the issue of the possible relocation of the'signal`on Eagle -Road which provides access into St. Luke's Meridian. Medical Center (St. ` Luke's). We understand that the point of discussion is whether or not to relocate St. Luke's main' _ driveway currently located at its present location to a location south. of Eagle'Road that aligns with Magic View Drive. --- The relocation of this signal would place a costly burden on St. Luke's' and hinder the internal circulation patterns of the St. Luke's campus., As you prepare to discuss any present or future applications to relocate the signal at the St. Luke's entrance, you must review some of the history regarding this project. In April 1994, St. Luke's made application to the City of Meridian for annexation and for a conditional use permit to construct` a, medical facility on 37 acres at 520 South' Eagle Road.7. - Based upon years of planning, S1. Luke's submitted a plan which described the location of they proposed structure, parking and loading areas, traffic circulation patterns, open spaces, landscaping, refuse and service areas, utilities and signage. This plan was submitted and - approved by the,City of Meridian on April 26, 1994.. - AN AFFILIATE OF VHAsm 185087_1 Mayor and City Council, City of Meridian Idaho Transportation Department, Board of Directors Ada County Highway District Commission March 5, 1998 Page 2 To achieve the benefits of a closed campus design, St. Luke's specifically sized the Eagle Road site at almost twice the area of the downtown Boise campus (37 acres vs. 22 acres). The campus was planned to accommodate medical service development, parking and circulation' at levels comparable to the downtown campus and was master planned to create a closed campus that would be compatible for pedestrians and vehicular traffic. St: Luke's met with ITD staff to discuss the location of a signal to accommodate the master plan. Initially, the preferred signal location was at a central point between the Eagle interchange to the south and Montvue Park Subdivision to the north across from Magic View Drive. The Idaho Department of Transportation traffic engineers stated that they would not allow St. Luke's to place a signal at this location because there would not be adequate distance between the Eagle off -ramp and the proposed signal. Based upon that decision, the signal was moved to the far northern boundary of the hospital site, which is its present location. The overall St. Luke's master plan was redesigned to allow circulation to be provided from a controlled signal (its present location) and from a private drive into the St. Luke's campus. A relocation of the signal now would impair the present circulation patterns of the St. Luke's campus. See attached letter dated February 21, 1995. We understand that ACHD has discussed the possibility of redesigning the St. Luke's entrance, which provides access into its existing campus. Our concern is the ingress and egress -was approved by the City and ITD and reviewed by the neighbors of Montvue Park Subdivision. The, neighbors requested a landscaping buffer between the fence and the existing driveway, which St. Luke's provided. As we understand ACHD's proposed revisions, ACHD would eliminate the median and reduce or remove the landscaping strip on the north side of the existing driveway. St. Luke's has made a point of being a good neighbor and this action would be contrary to the neighbors' wishes. Our concern is that the plan showing new turn lanes, has never been discussed with St. Luke's. How can this modification on St. Luke's private property even be explored or considered when St. Luke's has not been consulted? Based upon existing and proposed development on the west side of Eagle Road (the Jackson Texaco and Chevron service and convenience stores), discussion has commenced in regards to adding an additional signal east of the Jackson Texaco Station (the intersection of Magic View Drive and Eagle Road), which is the original location of the proposed St. Luke's request. The engineers would need to determine the cost for a new signal at Magic View Drive. 185087_1 Mayor and City Council, City of Meridian Idaho Transportation Department, Board of Directors Ada County Highway District Commission March 5, 1998 Page 3 9 • Relocating the signal to Magic View Drive would not change the original concerns of ITD. The signal would still be too close to the Eagle Road interchange. The location of the signal at this location would impede traffic and cause more traffic congestion exiting from the freeway. In - order to accommodate a new signal on Eagle Road, an additional signal may need to be constructed at the Eagle off -ramp to stop traffic as it gets off the freeway where now there is a free right turn (cost unknown) and the interchange may need to.be redesigned (cost unknown)..A similar situation has occurred at the Broadway interchange in Boise. It would seem that this solution would not be cost effective. At one point in time, St. Luke's indicated that it would not oppose a signal relocation. St. Luke's is now constructing Phase II. Based on the experience of Phase I and new traffic studies, St. Luke's now does not support the relocation of the signal. St. Luke's would not be opposed to adding another signal at Magic View Drive if the necessary improvements were done at no cost to St. Luke's, and that St. Luke's be compensated for those changes that would need to be made to the entrance and internal circulation of the St. Luke's property to accommodate the new location of the signal. A signal at Magic View Drive would create stacking issues on St. Luke's property, and the entryway and circulation patterns would need to be redesigned. In conclusion, St. Luke's master plan will involve more building at some point in the future. Based upon the new studies, leaving the existing signal alone is the preferred alternative. The next alternative would be to add a second signal, provided it is.done at no cost to St. Luke's, and St. Luke's is compensated for any loss of use or damages and the redesign required. We hope that our comments will provide you with some assistance in your discussions. Please advise us if you have questions or need further information. Very truly yours, ST. LUKE'S REGIONAL MEDICAL 185087_1 „Ft OFFICIALS �' t HUB OF TREASURE VALLEY COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk A Good Place to Live CHARLES M. ROUNTREE JANICE L. SMITH, City Treasurer CITY OF MERIDIAN GLENN N BENTLEY RON ANDERSON GARY D. SMITH, P.E.; City Engineer KEITH BIRD BRUCE D. STUART, Water works Supt. 33 EAST IDAHO JOHN T. SHAWCROFT, Waste Water Supt. TOM KUNTZ, Parks & Rec. Director MERIDIAN, IDAHO 83642 P & z coMissloN DENNIS J. SUMMERS, Parks Supt. Phone (208) 888-4433 • FAX (208) 887-4813 t P JIM JOHNSON, Chairman SHARI L. STILES, P & Z Administrator Public Works/Building Department (208) 887-2211 Legal Department (208) 884-4264 MALEITH ORUP OY KENNETH W. BOWERS, Fire Chief �' _ KEITH BORUP W.L. "BILL” GORDON, Police Chief BYRON SMITH Mayor WAYNE G. CROOKSTON, JR., Attorney ROBERT CORRIE MARK NELSON NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Meridian City,Council, the Ada County Highway District Commission and the Idaho Transportation Department will hold a Joilnt Meetingto discuss land uses along Eagle Road corridor/Magic View Drive/Signal - Sale 9 9 r at the Ada County Highway District, 31 E March 5, 1998, at 7:00 P.M. The public is welcome to attend. DATED this 3rd day of March, 1 f SUSAN S. EASTLAKE, President A GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary AGENDA SPECIAL MEETING ACHD Auditorium, 318 E. 37th Street, Garden City ITD/MERIDIAN CITY/ACHD MARCH 5, 1998 - 7:00 P.M. 1. Discussion, Land Uses Along Eagle Road Corridor/Magic View Drive/Signal - Sale ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 387-6100 ADA COUNTY HIGHWAY *TRICT • Susan S. Eastlake, President 318 East 37th Street Gary E. Richardson, Vice President Boise ID 83714 Sherry R. Huber, Secretary Phone - 208/345-7680 z Jerry D. Nyman, Director Discussion Item: Land Uses Along Eagle Roadf;Corridor./Magic U.iew Drive/Signal Date: March 5, 1998 Name: Address: ..........................................................................................................................................................::.................................................... _... City, State, Zip: ........................................... �........................................................................................_...... ................ ................... ........................................... ...................... ................... ....... Phone No. ...................................................................... .................................... ---------------------- - COMMENTS k 1'90 East Bannock Boise, Idaho 83712 208-381-2222 Edwin E. Dahlberg President Mayor and City Council City of Meridian 33 East Idaho Avenue Meridian, ID 83642 t, JL.n ' r��u u es Regional Medical Center 1lq� �0 5 March 5, 1998E M1998 f AL, �FRIp�A� Idaho' Transportation Department Board of Directors 3311 West State Street, Boise, ID 83703 Ada County -Highway District Commission 317 East 37th Street Boise, ID 83714 Re: Eagle Road/St. Luke's Driveway Ladies and Gentlemen: i We have been advised that the ACHD Commissioners, the Meridian City Council and ITD representatives will be meeting on March 5, 1998, to discuss the issue of the possible relocation of the signal on Eagle Road which provides access into St. Luke's Meridian Medical Center (St. Luke's). We understand that the point of discussion is whether or not to relocate St. Luke's main driveway currently located at its present location to a location south of Eagle Road that aligns with Magic View Drive. The relocation of this signal would place 'a costly burden on St. Luke's and hinder the internal circulation patterns of the St. Luke's campus. As you prepare to discuss any present or future applications to relocate the signal at the St. Luke's entrance, you must review some of the history regarding this project. In April 1994, St. Luke's.made application to the City of.Meridian for annexation and for a conditional use permit to construct a medical facility on 37 acres at 520 South Eagle Road. Based upon years of planning, St. Luke's submitted a plan which described the location of the proposed, structure, parking and loading`areas, traffic circulation patterns, open spaces, landscaping, refuse and service areas, utilities and signage. This plan was submitted and approved by the City of Meridian oWApril 26, 1994. AN AFFILIATE OF VHAs' 185087_1 9 r� Mayor and City Council, City of Meridian Idaho Transportation Department, Board of Directors Ada County Highway District Commission March 5, 1998 Page 2 To achieve the benefits of a closed campus design, St. Luke's specifically sized the Eagle Road site at almost twice the area of the downtown Boise campus (37 acres vs. 22 acres). The campus was planned to accommodate medical service development,- parking and circulation at levels comparable to the downtown campus and was master planned to create a closed campus that would be compatible for pedestrians and vehicular traffic. St. Luke's met with ITD staff to discuss the location of a signal to accommodate the master plan. Initially, the preferred signal location was at a central point between the Eagle interchange to the south and Montvue Park Subdivision to the north across from Magic View Drive. The Idaho Department of Transportation traffic engineers stated that they would not allow St. Luke's to place a signal at this location because there would not be adequate distance between the Eagle off -ramp and the proposed signal. Based upon that' decision, the signal was moved to the far northern boundary of the hospital site, which is its present location. The overall St. Luke's master plan was redesigned to allow circulation to be provided from a controlled signal (its present location) and from a private drive into the St. Luke's campus. A relocation of the signal now would impair the present circulation patterns of the St. Luke's campus. See attached letter dated February 21, 1995. We understand that ACHD has discussed the possibility of redesigning the St. Luke's entrance, which provides access into its existing campus. Our concern is the ingress and egress was approved by the City and ITD and reviewed by the neighbors of Montvue Park Subdivision. The neighbors requested a landscaping buffer between the fence and the existing driveway, which St. Luke's provided. As we understand ACHD's proposed revisions, ACHD would eliminate the median and reduce or remove the landscaping strip on the north side of the existing driveway. St. Luke's has made a point of being a good neighbor and this action would be contrary to the neighbors' wishes. Our concern is`that the plan showing new turn lanes, has never been discussed with St. Luke's. How can this modification on St. Luke's private property even be explored or considered when St. Luke's has not been consulted? Based upon existing and proposed development on the west side of Eagle Road (the Jackson Texaco and Chevron service and convenience stores), discussion has commenced in regards to adding an additional signal east of the Jackson Texaco Station (the intersection of Magic View Drive and Eagle Road), which is the original location of the proposed St. Luke's request. The engineers would need to determine the cost for a new signal at Magic View Drive. 185087_1 Mayor and City Council, City of Meridian Idaho Transportation Department, Board of Directors Ada County Highway District Commission March 5, 1998 Page 3 1 s Relocating the signal to Magic View Drive would not change the original concerns of ITD. The signal would still be too close to the Eagle Road interchange. The location of the signal at this location would impede traffic and cause more traffic congestion exiting from the freeway. In order to accommodate a new signal on Eagle Road, an additional signal may need to be constructed at the Eagle off -ramp to stop traffic as it gets off the freeway where now there is a free right turn (cost unknown) and the interchange may need to be redesigned (cost unknown). A similar situation has occurred at the Broadway interchange in Boise. It would seem that this solution would not be cost effective. At one point in time, St. Luke's indicated that it would not oppose a signal relocation. St. Luke's is now constructing Phase II. Based on the experience of Phase I and new traffic studies, St. Luke's now does, not support the relocation of the signal. St. Luke's would not be opposed to adding another signal at Magic View Drive if the necessary improvements were done at no cost to St. Luke's, and that St. Luke's be compensated for those changes that would"need to be made to the entrance and internal circulation of the St. Luke's property to accommodate the new location of the signal. A signal at Magic View Drive would create stacking issues on St. Luke's property, and the entryway and circulation patterns would need to be redesigned. In conclusion, St. Luke's master plan will involve more building at some point in the future. Based upon -the new studies, leaving the existing signal alone is the preferred alternative. The next alternative would be to add a second signal, provided it is done at no cost to St. Luke's, and St. Luke's is compensated for any loss of use or damages and the redesign required. We hope that our comments will provide you with some assistance in your discussions. Please advise us if you have questions or need further information. Very truly yours, ST. LUKE'S REGIONAL MEDICAL 185087_1 SY ARCHITECTS 1 Ji BRS Architects, A.I.A. 1087 West River Street, Suite 160 Boise, Idaho 83702 A- A - Telephone 208 336-8370 Fax 208 336-8380 C i 33 Mer'idl , d r. �et I. -Berg-. Dear4 "4 In`. behalf' of al ' '4 14 61, _4, It - eLl%lj� o r 11yxi+"It?, V j 1 N, 5 J" 'A ti !zAs. unfortunate ­",'. coh6 111s ion -,A t -necessi ating,va-1 Azrequir6d' -.,th4jjs,_ .. "V^to-, he,'t.'Attac I dtf: .revised site plan Ude fldl trite �:'-ins ­.ok �'e''n a verie pisqu -rq -an il�c.,�We%�,apprecia -c _Odtx t t ce maq..�no t - ...... ­&�',(tyjj�;­lett _E .b'e' ins attendance 0 g., 0 a n d S are,�,Aie'r"e- W­ i City councivl!�!haVqco' "V, oa diWay,�-t� 4-5 situ redesign rate tLhan i 1�� City requirements :th---Shdr,i:�tand'�6haLve-,ask n t -ex =montY .7, -,apologize` .fo, his'�qorn1ng.-':-tb th a'dus8ionq_wi :nq'-.-and .tfi19-tft1 y � o-1co rw,alzsw'an,ao rnav � r ova s�x� ,s xm Isa��r� � ,.� . ,..a.,�...a x. tea �I _ f ` l�up �oA1 dNOQ�W/N0 3H7 s R 'TOY Cr" -601 r r I r A 1 I I i I p =_-- =_______--_- �xx XJ ~ it J II111 10 I 11 11 I I it l a 1 • p 1. °� � --'� I I S I' I 'tel I I I ,I ' I Ini i t o jl I 1 T 1 ' �Ilsi! I t I I i •t i'ii i � ! 12 —�C� 3 d R 3 If 6 d d! a p 3a 0 41 9 X41 $ Wp, g c s !1915 z 3 $ I O L3$ 1�2 { oaeg ° fE d• i<� 4`9414 y !FI ..elf 8cle d Li -77 mm° Z �$ cdx'94 yai w o J U Hit t� s 3�$ ��� ... I� Ri }*j jf$ yy� �� ��� 9 4L •�/ p 4 w g 9 �......r.♦S� .f1 ]e fc!!e .. ...... � .. .. lA i R ] ] 6 r � � T d Y � \`' !998 F. MRR-10-1998 16:51 oi-0W -Wl� I lq:: 1 100!t A ,1 ARCHITECTS BRS .Architect, A -r-4. 1089' West River Strsst. Sit{ta 1B0 Bane. Idaho 83702 rarphans (209) 338-8370 raw (808) 338-8390 DATE i COMPANY _ ATTENTION * OF PAGES BRS RRCHITECTS • FACSIMILE 208 336 8380 -694VSMITTAL P. 01/03 SHEET i r rnl I nw IF YOU DO NOT RECEIVE FACSIMILE, PLEASE CALL SENDER AT (208) 336-8370 THANKYOU i MAR 10 '98 16:32 208 336 8380 PAGE.01 TRANSPORTATION DEPARTMENT DISTRICT 3 P.O. BOX 8028 • BOISE, ID • 83707-2028 • (208) 334-8300 February -21, 1995 . A Doug Houston Olson' & Associates Architects 14 12th Avenue South, Ste 210 Nampa, ID 83651 RE: Access to St. Lukes Dear Mr. Houston: Your proposed plans for the St. Lukes Hospital Annex on Eagle Road have been reviewed. 'Headquarters Management found that the proposed approach in the full control of access area is not acceptable. The full control area is necessary to maintain adequate traffic operations on Eagle Road in the vicinity of the interchange. It appears that the approach location could be moved to the north to provide an access that would be acceptable in the partial control of access area. The other approach shown further north in the partial control area is better located and would be the best location for a future signalized -intersection. If I can be of further assistance, please call me at 334-8340. Sincerely, GARY W. MOLES, P.E. District Traffic, Engineer GWM:tm - An Equal Opportunity Employer - clkArchitects Olson & Associates FEB 2 4 1995 WCMM 0 W � W t f MERIDIAN PLANNING & ZONING COMMISSION MEETING: February 10, 1998 APPLICANT: EAGLE PARTNERS LLC AGENDA ITEM NUMBER: 9 REQUEST: REQUEST FOR ANNEXATION AND ZONING OF 4.13 ACRES TO C -G, AGENCY t COMMENTS CITY CLERK:' CITY ENGINEER: (. CITY PLANNING DIRECTOR:" CITY ATTORNEY: (� CITY POLICE DEPT: jiy� CITY FIRE DEPT: CITY BUILDING DEPT: ; MERIDIAN SCHOOL DISTRICT: - MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at publicmeetings shall become property of the City of Meridian. \J1 SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary Shari Stiles Meridian Planning and Zoning 33 E. Idaho Avenue Meridian, ID. 83642 Re: MCU-43-97/MA-13-97 • '�"Fcewco AIV 2 3 1998 1)i 4CQ1Q14nl 603 Eagle Road January 5, 1998 The Ada County Highway District (ACHD), staff has received the application•for the item--- referenced tem -preferenced above. Due to the complex issues surrounding this development, staff requests that the City of Meridian defer'action on this item until such time that staff and the ACHD Commission has adequate time to review this application in its entirety. This application is currently scheduled to be heard by the Commission on January 14, 1997. If you have any questions please feel free to call me at 345-7662. Sincerely, Steve Arnold Senior Development Analyst cc: Project file Chron file i ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 OGf1O SUSAN S. EASTLAKE. President GARY E. RICHARDSON, vice President SHERRY R. HUGER. Secretary PLANNING AND DEVELOPMENT DIVISION Post -It• Fax Note 7671 . Date To - S k From coiDept ( f C!?V D 11 Phone s 'n J —55-3 3 11 Phone e 13P� — b 1-7 1) Oo [LJ — � 0 1 -3 Fax A 90.1-43-1-3 0. Fen #- Date: February 4, 1998 To: ;hn XanDe_veel_o�pment n From: Supervisor Subject: MCU -43-97 603 Eagle Road Eagle Road/St. Luke's Driveway Meeting Date: February 11, 1998 FACTS AND FINDINGS: 1. This item was deferred from the meeting of January 14, 1998.with these instructions to staff: a. Assure that the neighborhood was notified of the discussion of the item by the Commission. b. Prepare a scale drawing of the proposed intersection, as recommended by staff. The full staff report on the application is attached. 2. Staff has contacted people residing the area of the meeting time and advised them this staff report is available. Staff has been unable to reach Mr. Wall, who offered to be the neighborhood contact at the January 14 meeting. He apparently has an unlisted number and did not leave one with the District. Staff has contacted other residents of Greenhill Estates Subdivision and will mail this report to Mr. Wall. 3. Staff has prepared the attached drawings to aid the Commission and the neighborhood understanding of the speck proposal being made by staff and to serve as a basis for discussion during the meeting. The drawings show a short term intersection plan and a long range intersection plan, with two variations for the extension of the roadway through the subject parcel. a. Short Term. Until traffic grows to an unacceptable volume, the lane configuration for the new street could be as follows (See the attached drawing): i. New Street: (1) one west bound lane (2) one westbound left turn lane for subject development (3) one eastbound left turn only lane (4) one eastbound left turn -through -right turn lane. ii. North Approach (southbound Eagle Road) - striping would remain unchanged. (1) two southbound lanes (2) one left tum lane (3) two northbound lanes. iii. St. Luke's Driveway - would change as follows; (1) two eastbound lanes (existing) (2) one westbound right turn lane (existing) (3) one westbound left tum lane (existing) ada county highway district XieC mcu43971 Page 1 318 East 37th • Boise, Idaho 83714-6499 . Phone (208) 345-7680 1 i 1 (4) one westbound straight -left turn lane (striping change -- no construction). (5) new signal pole and mast arm at SE corner of intersection. iv. South Approach (northbound Eagle Road) - striping changes as follows: (1) two southbound lanes (existing) (2) two northbound lanes (existing) (3) one right tum lane (existing) (4) one left turn lane (new striping, installation of detection loops, no construction). The signalization of this intersection would have to be a split phase operation because of an alignment offset with the existing lanes of St. Luke's driveway and the shared through/turn lanes. This would be cured in the long term design, described below. b. Long Term Preservation Option. The area west of Eagle Road and north of 1-84 is currently developed at very low density (5 -acre lots). It is designated by Meridian's Comprehensive Plan for development as "Planned Development' and "General Commercial", which could generate more than 20,000 vehicle trips per day at build out. In order to provide safe and adequate access to this area and preserve the function of Eagle Road, a double tum lane into the proposed street from Eagle Road should be planned. i. New Street. (1) two westbound lanes (2) two eastbound left turn lanes (3) one eastbound through -right tum lane (new construction). ii. North Approach (Southbound Eagle Road) (1) two southbound lanes (existing) (2) two southbound left turn lanes into St. Luke's (requires added lane, adequate right-of-way exists) (3) two northbound'lanes (two lanes currently exist, would require new lane north of St. Luke's driveway for the added left turn lane). iii. East Approach (St. Luke's Driveway) (1) two eastbound lanes (existing) (2) two westbound left turn lanes (one existing) (3) one westbound lane (existing) (4) one westbound right turn lane (exists, but would have to be moved to the north to accommodate added left tum lane, requires removal of existing median). iv. South Approach (Northbound Eagle Road) (1) two northbound lanes (existing) (2) two southbound lanes (existing) (3) two northbound left tum lanes (would require adding one lane to Eagle Road. Right-of-way exists, construction required). The proposed intersection design provides 35 -feet between the edge of the sidewalk location and the boundary line of the Greenhill Estates Subdivision, which also the property line of the lots in Greenhill Estates. It will be 33 -feet between the right-of-way line and the property line. There will be approximately 160 -feet between the right-of-way line and the nearest dwelling. The area between the back of sidewalk and the property line can be used to construct an 8 -foot high landscaped berm between the residences and the roadway. A license agreement will be necessary to use the 2 -feet of land between the back of sidewalk and the new right-of-way line, but the area between the right-of-way line and the subdivision boundary can be deeded to the Greenhill Estates Homeowners' Association for their own use and maintenance. In an earlier meeting, the Commission discussed the possibility of assisting the mitigation of the roadway. If the berm is constructed with the construction of the roadway, it will be less costly and will provide an area for landscaping that will be grown to maturity by the time the volume on the roadway becomes significant. MLac\mcu4397 . com Page 2 4. There are two variations to the westward alignment of the proposed new street. These are shown on the attached drawings. The variations are shown on both the "short term" and "long range" drawings. a. The drawing Variation A shows the roadway curving to the south along the property line between the subject site and the neighboring 5 -acre lot to connect with Magic View Drive. This connection can align with the western driveway of the Jackson's Convenience Store on the south side of Magic View Drive, 270 -feet from the intersection of Magic View Drive and Allen Street and 325 -feet west of Eagle Road. Allen Street and Magic View Drive are both local streets. This location would meet District policy for offset on a local street. Variation A will create a double frontage situation with the subject lot. b. Drawing "Variation B" shows the roadway curving south farther west of this site and connecting to Magic View at Allen Street. This alignment will provide space for a second commercial or office lot between the roadway and this subject site. Allen Street is about 600 -feet west of Eagle Road. Extension of the street would be required by the District as the property develops. The cost of extending the road should be the responsibility of the developers of the property, so that those who receive its benefit will pay for it. This variation will use 31% less right-of-way than Variation A and avoid the double frontage situation with the subject lot. Both variations meet collector street alignment standards. 5. The Commission should assure the neighbors that this road will not be allowed to be extended as a ' ect route between Eagle Road and Locust Grove Road, an item that caused concern during previous discussions of the subject. However, it should be noted that development of the vacant land to the west will probably create an indirect street connection between Eagle Road and Locust Grove Road. 6. This road, like Plaza Street in Eagle, is of such importance for the future protection of the transportation system and safe development of the area that the District should participate financially in the preservation of its location. Staff recommends that the District designate the first 300 -feet, or more depending on the variation selected by the Commission, of this roadway a collector and acquire the right-of-way for this roadway using impact fees collected from within the area which it will serve. The roadway can then be extended by the developers of the property through which it will extend and pass the cost on to their customers who will benefit from it. POLICY IMPLICATIONS: 1. The District, ITD and Ada Planning Association have all expressed the need to protect the capacity and safety of Eagle Road (S.H. 55), as the major north -south transportation facility in Ada County. Maintaining the current location of the traffic signal at St. Luke's driveway will maximize the protection of Eagle Road. 2. One unsignalized connection to Eagle Road (Magic View Drive) will not be adequate to accommodate the traffic expected to be generated by the land west of Eagle Road. A traffic signal should not be installed at the Eagle Road/Magic View intersection. (See previous reports by ACHD staff and ITD staff). 3. The Commission has the authority and responsibility to designate the location and alignment of collector roadways. The expenditure of impact fees collected from developing land on collectors that serve that development is an appropriate use of the fees, authorized by the Idaho Development Impact Fee Act and the Ada County Highway District Road Impact Fee Ordinance. Msec\mcu4397.e0m Page 3 FINANCIAL`IMPLICATIFONS:`�" r d 1. In a conversation with the`;previous developer of this site, staff understood the site to` cost $7.75 per squ` a -re foot. Documentation of the value would be required prior to any acquisition by the District. 2. Vanation'A will result inthe acquisition of 49,700 -square feet of right-of-way from -the subject parcel, at an`estimated cost of $385,175$at $7.75 per square foot. -Note that the value has not been verified. The coif of,the right,of-way would be offset against the impact fee to be paid by this property. That impact -fe`e is estimated to be $90,000 from this site, using current impact fee rates and without an individual - t assessment. The balance stiould' be reimbursed from revenue in the West Ada Benefit Zone 5. s Construction of that portion of a collector road beyond a local street standard should also be financed,by the Distinct. The ce6terhne length of this segment is`360-feet. Tiie'estimated cost of the construction that is :the responsibility of the'District is $30,000, making a total of $415,000 to be financed from impact fee - 4 - revenue., 3. Variation B will result in the acquisition of 37,800 -square feet of right-of-way, at an estimated cost of $293,000, using the same°value per square foot. The cost of. construction would -also, be less than' VariationhA, estimated at $25,000 for 320 -feet of centerline length, making a total cost of $318,000. 4. - The West Ada Benefit Zone '5, in which this area is located, had an account balance of $1,252;154 at the end -6f December, 1997. The District collected $3,493,048 in this benefit zone last fiscal year, and expended $3,124,191. $2,620,850 is budgeted for expenditure on.District projects in this fiscal year. 5. The Meridian Cornprehensive`Plan shows this area -to lie developed as a mixture,of commercial and office uses. In staffs opinion, the St. Luke's success is indicative that the projected land use is accurate and that office and medical related uses will develop rapidly on this easily available land. Development of the,land (about 30-a6res) for a mixture of 35%, commercial and 65% office will generate $713,000 in impact fees at build out, using ,existing impact fee rates. 6. The 80 -acre -parcel t6the west could develop as a wide variety `of residential or non-residential uses. Impact fee revenue from its development ""could also be used.for partial payment of this connection to Eagle Road. 7. In earlier discussions; the Commission identified a tentative1gure of $20,000 that the Commission would be willing to expend on mitigation ofahe roadway. RECOMME[ QATIONS: ± %t 1.Designate a new' collector route, connecting to Eagle Road opposite the St. Luke's driveway and - i t extending at least 300 -feet west in order to'adequately accommodate the traffic that is expected to be generated by the projected use of the land west of.Eagle-Road. I. 21 Approve Variation B, as shown on the attached *drawing, as the appropriate extension of the road. - = 3- Authorize'staff to proceed with negotiations to acquire the right-of-way for the long range configuration fromthe owner of the subject site, based on Variation B. 4, Adopt.the other Findings of Fact and Site Specific Requirements contained in the attached staff report onkthe development application that are not in conflict with these recommendations. F 3 F R it I t M1ec\mcu4397-.Com Page 4 . + F a IV1.^..• '�f.^ .•' '-.'y _ ' :,.! .I rJ� .�." d1jl.." •. .t�,r:. .4tJ 1~' 11 , ._ rtl�`' •j: �ll� R"�P'.�.r• ,I,'.n � I,,�:•��✓,' ." y A,ti•,C}ry.•�� �;,�+�,4:.�.. �i :� ;.fir .. :It�•::y�• `'',u��.'i � II 1 �; ��1I.. :'�r;z; ..,1_ �ll�,' "� t• �.'�..I�:�'t.::l:,�r.t.l:::l!A:7G:.....1. •"i �: ^�;. (�■ee�7 �Ty� ..I: ,I: :�t' LNC'"' '!... �•a �.:..:'. .,dl:.:�ltyl Imo..:.. i':It'..,AI 'T, •I•:•:::; .'1� rj, i'� I 1^'••.r •,v ';yr: •.j,''''�;''.�I."•'t:: ''i R•' riSJ1bl� •.*'�r,i "I:: ,.,II�r,:.. �f,l. ,. ,1+' iWu I,• ;dd»e •; •• ,.,• •�,1•.�,1,, !.•• - a•' ,1 ,; \: :,;�. T I I .,.I 'I,'• I. ; ��:' 'lj• �I� G ^} r..:IFi r , �'.•' :.1,. .� ( •, .I1f I". 1�1;� ttlld, : y,,,l� I'h,.*!r' I I�� ••�• r' • ..I. [• °,i rlf ,'.. �y f, • "r,::;�'� I. ' , v.,. tF,' .. I,I:, ,•1•• •ll�: r•� I. {,�,,.Y, Il .�♦ .1 T,'i 11v.F ��'�:� ,' '1 Y14." I I Imo•• Irv- of rv- ...r a 4...b: _ I _ 1".:r.�l•. t1 t•' ,i><,��. i� ' �L'..f.,R,••.;' ..M. Y' .:'i1'.. :'J i � .., t ,_... » —... _ _ _ [ . ,^.... _. _ •�T: ;t: " /-:E^+' ;;>��'�!.?-'•"two' a �'•I'�!: ",a([�,�j ' �� '" �'R•,� -;io �,, :r.Ml: w�i •;,,�, :',�,r �„"j, ;� ...��,,ir•••A „''�"• •�.,t. -.i: •-`•".Ji ••`��F"��, ..',.�_,-,,, �:• .'�1� eeY� rrr• ,.•w W ,r • ••�,...la ` ''h1'. .�.,•, ,R ,I :,:(�^ ..i ��: �i'"�� lr ,�,.+; �4.,L �i' v-e'1�,`.r .i_...fi DC �'iM'? i� s�•s'"1 _ �,�.+. i+.:;..4 .L� •.114. ,•'. 1'Ci ''4',.: x' '�~ : �,. ll •� '11.,,, Y,! y�•v, ��' ;tr`• 4p +. ,•1r•• I^q'�a.y~ 1 .y '•0. Is••,� �:.�:y l..:• ,:.j, �. ,,.,., •!. ! � Al .I:I .,' -x. .+'.' .!:' 'y.,,y' �;tirl `� 1 v�t k.,�f� ,Z��• i � ���Y. •til 1•�'„ .i '�1-r/ :f�• �, •.".'!i"+• •I.51 rt: '!" �'-:I ,, �, rl, :.) 'r'•+•' !r•^; 1,..:i:�ISa.•.,I:'.•�_IIUi=,': i�tj,ilnj. I�ri'1,4N'tw��,':!'��i"°'�I'iW ,y T�.: Iua,P., ^il. •I� r; .Gu';.I Y•••n �, .4 I '-o 1L (ti'ii 5::.� r. ' I`� .0 _ - _ / "r4' •ro:b• � .L: •ry+4."ll. n ,! .•..� .[ j? 'I ':1• �I�' - `{{ r �• � �, I�,-e. rr i. - •'1'� •- •i ��ti ii p—� �� ,•.Y 'g I �� - '_ �I,, i.7 11 .' .! '" .1r•''' M: ,;f :tr,: i. .'°IG i`.•'9.o- r'�. r:. •. .Cr:•�• 'gd'•F1n•'i•�'( c5� ��Y•I•[rral i••' ,r iGi�, ,.;yl ... »�.�.'_._, •,�r� j� ' I •1� ,'�lal• .�,;' f•+, 8r��� i '�. '.�R� 6.: '�-" ,�1�' ,!• I •1' :f,' r. .�iy� J'!�til�yl'R�-•P;G.l�':1, .. ��` 'r,.��••.'..•.._:;i._ '.�;�ttl�*!wyl' • @+�=i1�1',•'t;,7 I"1E•':�: .�,w , '.1•Il::!li°•• ,1. .I! 1'"j '•' r �:�•,�.',7'~1' . •,t!., .i!.' .�1'll'�,��". 1 • .. I�, .I, ',r,:.' .rl•1,.• ! ..I. h' !111 •I'�~� "I'/ ��. .'' t.. r:•1'+.���•• ,''r.���! ^--.-�'',""'�i i'. (l�; • x1' ''•� 1r}; •1! '1'1..'l �.r, 1 »' ��"'�"^...I Ill..r,•,, '• �'M '�''j 1� .. , 1, q''' • .o ' SI •I• .. 't •.*;..,,� ��, '�• :�''' '1"Iii �I i ,. Ra:.'•1i'. .. ' t r'�•ij� �l. � �' �''. __ __! ,. 3b"' .N'� '•...ice• ..'a - ;+ , -' 'i-w'�,Y �` '�"li � �� :1 ,`,. •.i ,. �.!� ueN �:..r�-� [•Yds •t��r rr.. .'1J�;'/i,' ..'�•r. :'� �^i''iI��,,,� t `�... � t j 1' . y � '�� • .I .'r.f..l�: .. + 1 r, i ,�', 6',• 1t,,�' C► t� ijIIlIl1 1• � fl ,......i .' n•,1��,� ••�..: ::�'� .. ;FI• � �. Iy tC "�i' .•: �G: rel,.'"�:. ., ....• rY�•,rr, �; ,..1» -. ',ir=:^" � �:+-.a...-:.. :�� r I�+r' ill, 1� � ';. ,xfii+; �1�11� � li. 1• ra `'3• !°ovr,' ��"�� ..itiA� ,i .r.' r,�w� a. .,�. '•Jt, r,,an�)) , r ":r'�'';,7�'':' 1 :�•.. i�°� .:yh+;•,,:: 'y: .wi:r.: .}- j, • , , �� •uJ•; � y[ \\' ,,r ,.,� 4I , r: ,N.�ua.1.. ',y,t �•,. rtl:1. "r 'i�_Iri .. ~ x, �•'\�y, .'�� ..,'�'4\.�::'..�ni ,., '...1 ��u>1Jl,I *J:'••.r. :',' .t•• •,� ;r} '!'II• ,1 i.�. ee\''+ .• • � •~'.•,I!'1••y 'I"�6,.,C,,, '� 'aW• T•�� .`�,t,[••y.• .r 1. .,. i"•� t �1{, pjI ��. ., .t �+1•^3'ris ..-rtr....,•.r.4*„' •., •% '•al •'• "rtp •n•:ss:mt, [., . •-. _..., ,. ,...... ..... .. .. ... ... ,+[ :,�i�•t.^}rQ. tty ,'I»�+'�. ~' i P :`,t .. � {'. e. yen."ww: '��`.4' �'!'� h•� I • ... •�f,'1:.'471•;"••:. -,. •I +,• '',''.. •`*,n..,,,.yr.., �M%,w:«•ns..!r, I r.: .ti :..;,,(rli•• .. 'I . �,;• � I. ..i+i1' ;I I{ L,L: n 1.,y•f•,".• ;Vr„', L!' .r $ L.:...1 �,..1, .:! 'r• .�•1� ._ .r ".. .,:. .-•.. 1�_ !..:_�:.: 1 —:.:: ''•`:�". ... �^ .. .,.. ....—.11:' .�,A.. ;,lArr.:.�.,.a:,r„•,e •1, �L FEB 1101998' A'A q, 0, #: U - P"t A% e C tAo k- - - - - -------- �'c �C.'-�1 k, s° c_ o- (� W 'S eV c, V,- 'LO . I AIS 304 '((A-4 a" J Nil J.Ann C. Bufle r Attorney and Counselor at Law SPINK & BUTLER 607 N. 8th St., Suite 310 P.O. Box 639 Boise, Idaho 83701 (208) 388,1000 Direct Line (208) 388,1093 FAX(208)388-1001 — E-mail: sbattysopumenet.com . , Meridian Planning & Zo% Commission January 13, 1998 Page 58 is Johnson: Quickly, I will open the public hearing for item number ten. We need to do this as a formality, if nothing else. It's the same applicant. It's a conditional use permit. If someone would like to testify on this item, anything additional, you are welcome to do so. If the applicant would please address the podium and be sworn, and we ask for prior testimony to be incorporated if that's your desire. DON CARNAHAN was sworn in by City Attorney. Carnahan: I need to make a request that my testimony from my previous item be included in this item. I would like to do that. Johnson: Yes, that would help. Okay. Thank you. Doe anyone else want to say anything? Yes, sir, Mr. Piper. DENNIS PIPER was sworn by the City Attorney. Piper: I'd like to have my previous statement on item number nine incorporated into the conditional use permit please. Johnson: Okay, and in your statement you are referring to your written statement. Piper: Written statement and oral statement. -�_!--",: - '--Johnson Thank -you _.Okay.,.-anything_else? Anybody -else?At=this point--1'11,-close-the _..,. public hearing. I'll close this public hearing. Smith: Mr..Chairman, I'd like to make a motion that we table this item to February 10th to be heard concurrently with item number nine which was tabled as well. Borup: Second. Johnson: Motion is seconded. Table this item number ten as was item number nine. All in favor of that? Opposed? MOTION CARRIED: All yea. Johnson: In the interest in time I am going to skip quickly to item number thirteen. That is an executive privilege here so we can get that out of the way. I don't anticipate any testimony. ITEM NO. 13 — REQUEST FOR ANNEXATION AND ZONING OF 4.13 ACRES TO C -G BY EAGLE PARTNERS LLC — NW CORNER OF EAGLE ROAD AND MAGIC VIEW DRIVE: Meridian Planning & Z^ Commission 40 January 13, 1998 Page 59 a Johnson: I will now open the public hearing. Is there anyone here that would like to reply. Seeing no one — we have had a request for a deferral on this item, and that is why the people aren't here, so we'll continue public hearing. We will not close it,' and defer to the date certain of February 10, 1998. Smith: Mr. Chairman, I would like to make a motion that we defer this item to February 10tH Borup: Second. Johnson: Moved and seconded. We defer item number 13 and continue the public hearing until February 10, 1998. All in favor? MOTION CARRIED: All yea. Johnson: Item 14 is related. Same thing. I will now open this public hearing. This 'is a REQUEST FOR CONDITIONAL USE PERMIT FOR A CHEVRON C -STORE, MACDONALD'S W/DRIVE UP WINDOW AND IDAHO POWER COMPANY CREDIT UNION W/DRIVE UP BANKING BY EAGLE PARTNERS LLC — NW CORNER OF EAGLE AND MAGIC VIEW DRIVE: Is there anyone here -that would like to testify on item number 14, and again, we have a request for a deferral on this item. Seeing no-one then, I will continue this public hearing with a motion, if that's your pleasure. Smith. Mr. Chairman, I would like to make a motion that we defer this public hearing and continue this public hearing until February 1 d'. Borup: Second. Johnson: Motion and second to defer this item number 14 until February 10, 1998. All in favor. Opposed? MOTION CARRIED: All yea. Johnson: [tern number 11 we will move into now is a public hearing REQUEST FOR A PRELIMINARY PLAT, 48 LOTS FOR THE VILLAS AT THE LAKES SUBDIVISION BY STEINER DEVELOPMENT — NW OF CHERRY LANE VILLAGE NO. 1: I will open this public hearing and invite the applicant or the applicant's representative to address the commission. STEVE BRADBURY was sworn by the City Attorney. ff,curvED 0 0 FEB 10 1998 �vlq & german, T4artexeb C-757 ATTORNEYS AND COUNSELORS AT LAW MERIDIAN P.O. BOX 10 77 IDAHO STREET HERITAGE BLDG., SUITE 300 MERIDIAN, IDAHO 83680 HOWARD R. FOLEY MARK S. FREEMAN MARGARET S.SCHAEFER JOSEPH W. BORTON February 10, 1998 Mr. Jim Johnson, Chair Meridian Planning and Zoning Commission 33 East Idaho _ Meridian, Idaho 83642 Dear Mr. Johnson, TELEPHONE (208) 888-9111 FACSIMILE (208) 888-5130 Re: Eagle Partners / Greenhill Estates Please accept this letter on behalf of Greenhill Estates regarding the public hearing this evening on behalf of Eagle Partners. It is Greenhill Estates request that -this matter be deferred until such time as ACHD's public hearing process regarding moving signal lights -on Eagle Road as well a's the proposal to construct a major arterial westerly off Eagle-Road,on the South boundary of our neighborhood. ACHD'.has noticed the latter proposal for public hearing for February 11, 1998,and the neighborhood will turn out in force to opposed.that' ill conceived, proposal. Until these major issues are resolved and. -the ACHC Board is in a position to make a recommendation to Meridian Planning.,and Zoning it is futile to hold.public-hearings forcing all participants and well as P & Z itself to guess at what those major parts of the proposal are. If it is the decision of your board not to defer this public hearing to another date then it is Greenhill's request that the public hearing be left open for -further testimony from our association at you -next scheduled meeting. Sincerel Howard Foley FEB.-10'98(TUE) 16:51 HAWLEY TROIELL TEL:208-342-3829 0 0 PHILLIP M. 13ARSER Entail: PM8@HTEH.00M Via Facsimile HAWLEY TROXELL EN N IS & HAWLEY LLP A LIMITED LIADILITY PARI'NERSPIIH OF ATTORNEY:; AND COUNSELORS 977 MAIN 5TREET, SUITE 1000 POST OFFICE BOX 1617 BOISE, IDAHO 83701-16177 Te'LEPMONE 12081 344-5000 IIACSIM16C (2081342-3029 February 10, 1998 Mr. Jim Johnson Chairman, Meridian Planning & Zoning Commission Meridian City Hall Meridian, Idaho P. 002 CEIdM FEB 1 0 1998 CITY OF MWOM Re: Eagle Partners Application for Annexation, Rezoning and CUP Dear Mr. Johnson: This office represents Jacksons food Stores with respect to the proposed public hearing scheduled for this evening concerning the Eagle Partners' applications. On behalf of Jacksons Food Stores, we request that this hearing be continued until such time as a determination has been made by the Ada County highway District Board concerning an unplanned new road which has been urged by the ACIID staff. This matter is presently scheduled for its ACIID hearing tomorrow evening. The road which is proposed by ACI -1D staff and opposed by the City of Meridian, the neighbors, Eagle Partners and Jacksons Food Stores gives the project which is the subject of those applications a. punitive competitive advantage over the new Jacksons stork, and greatly damages the entire planning process in this area adjacent to the City of Meridian. Jacksons Food Stores made an appreciable investment at the corner of Magic View and Eagle Roads based on existing roads and plans and planning documents. Until ACIID's Board determines whether it will ignore all of diose documents, Jacksons Food Stores must oppose approval for these applications. If you have any questions concerning this matter, please do not hesitate to contact me. Very truly yours, -IAVVLEY 'ROXEL ENNIS & HAWLEY LLP Phillip . Barber PMB/dnr cc: John Jackson 333 �OUT1y MAIN 9TRECT 877 MAIN STREET SUITE 1000 971 WALN VT AVENUC POST OPrICE DOX 100 POST Or`P D 1817 P06T OFFICE MOX 207 POGATbLLO, IPAr10 B3: Oa -0100 0015 E. IOAr10 637070/1617 Ke,TCMVM. IL1AM0 003'0-02 97 TEl,eunONE 120e31 23J-0 nay TCLF.PMO NC 1=061 3A-4-9000 TeLEPMONC 12001728-1700 \CU IKhAF'01MI11 FLi$'F.FBi'L4D9i1 :JOa FACSIMILE 1;Z061 342-ZOLO PACSIMILC 12061 7:C_0743 FEB 10 19e 17:00 2013 342 3829 PAGE.02 q MERIDIAN PLANNING & ZONING COMMISSION MEETING: January 13, 1998 APPLICANT: EAGLE PARTNERS LLC AGENDA ITEM NUMBER: 13 REQUEST: PUBLIC HEARING: REQUEST FOR ANNEXATION/ZONING OF 4.13 ACRES TO C -G AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: V MERIDIAN'SCHOOL DISTRICT:l P � MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: sea xio a ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: To: Mayor, City Council and Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator January 9, 1998 Re: Request for Annexation and Zoning to C -G of 4.13 Acres with a Conditional Use Permit for a Chevron C -Store, McDonald's w/Drive-up Window, and Idaho Power Company Credit Union w/Drive-up by Eagle Partners LLC We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: ANNEXATION & ZONING 1. This application is for a parcel of land across S. Eagle Road from the St. Luke's West site, and north of the newly constructed Jackson's Food Store. The legal description for annexation included in the application doesn't include a portion of the S. Eagle Road right- of-way between the subject site and the St. Luke's site. Applicant shall submit an annexation perimeter legal description for the proposed site. The legal description shall include all those portions of adjacent public rights-of-way contiguous to the Corporate City Limits of the City of Meridian (Ord. No 659, 8/2/94), and 1/2 of all other adjacent Public Right -of Ways. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the existing city limit boundary. 2. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. Eagle Partnership.AZ.CUP 1 3 I HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA GLENN R. BE TLEYEE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887-2211 MALCOLM MACCOY Legal Department (208) 884-4252 KEITH BORUP MARK NELSON ROBERT D. CORRIE BYRON SMITH Mayor To: Mayor, City Council and Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator January 9, 1998 Re: Request for Annexation and Zoning to C -G of 4.13 Acres with a Conditional Use Permit for a Chevron C -Store, McDonald's w/Drive-up Window, and Idaho Power Company Credit Union w/Drive-up by Eagle Partners LLC We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: ANNEXATION & ZONING 1. This application is for a parcel of land across S. Eagle Road from the St. Luke's West site, and north of the newly constructed Jackson's Food Store. The legal description for annexation included in the application doesn't include a portion of the S. Eagle Road right- of-way between the subject site and the St. Luke's site. Applicant shall submit an annexation perimeter legal description for the proposed site. The legal description shall include all those portions of adjacent public rights-of-way contiguous to the Corporate City Limits of the City of Meridian (Ord. No 659, 8/2/94), and 1/2 of all other adjacent Public Right -of Ways. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the existing city limit boundary. 2. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. Eagle Partnership.AZ.CUP P&Z Commission/Mayor & Council . j January 9, 1998 Page `2 3. Any''existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. CONDITIONAL USE GENERAL COMMENTS: 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with`Disabilities Act (ADA) requirements. 3. 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. All site drainage shall be contained and disposed of on-site. 4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 5. All signage shall be in accordance with the standards set.forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 6.- Determine the seasonal high, groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 7. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 8. All construction shall conform to the requirements of the Americans with Disabilities Act. Eagle PartnenWp.AZ.CUP P&Z Commission/Mayor & Council January 9, 1998 ' Page 4 will need to have proper access to the traffic signal. Applicant shall be responsible to install a water main within the right-of-way of the new street along the north boundary of the proposed site. Location and sizing of the new main should be coordinated with the Meridian Water Department. 10. No signage details were submitted. Detailed signage plans must be included as part of this application for review and approval. 11. A development agreement is required as a condition of annexation! Eagle Partnersl ip.AZ.CUP r P&Z Commission/Mayor & Council January 9, 1998 Page 3 ♦ SITE SPECIFIC COMMENTS: a 1. Sanitary Sewer service to the proposed site could be to the existing line installed in Magic View Drive directly adjacent to the south. 2. Water service to the proposed site could be to the existing water line installed along the northerly side of,Magic View Drive. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 3. The treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated: Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. 4. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether a booster pump would be required to provide adequate fire protection to the third floor of the hotel building. j 5. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 6. A minimum of 68 three-inch caliper trees is required for the paved square footage proposed. Please revise the landscaped plan showing sizes and quantities of plantings. 7. The existing lighting at the two Meridian Chevron stations is not in compliance with City Ordinance, and requests to conform have been ignored. Particular attention needs to be paid to lighting plans. 8. A minimum 35 -foot -wide landscape setback beyond required right-of-way on Eagle Road is required as a condition of annexation. 9. The propo°sed roadway north of the proposed Idaho Power Credit Union needs to be dedicated as a public roadway with a stub to the west. Future development in this area Eagle Paftetship.AZ.CUP OFFICIALS ,..•iWf_i AM 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 CH G ENN R..BENTLEYEE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman w Public Works/Building Department (208) 887-2211 MALCOLM MACCOY ' Legal Department (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 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: Januaiv 6, 1998 TRANSMITTALDATE: 12/17 /97 HEARING DATE: 1/13 /98 REQUEST: Annexation/Zoning of 4.13 acres to C -G BY: Eagle Partners LLC LOCATION OF PROPERTY OR PROJECT: NW comer of Eagle Road and Magic View Drive - 603 S. Eagle Road JIM JOHNSON, P2 MALCOLM MACCOY, P/Z MARK NELSON, P2 BYRON SMITH, P2 KEITH BORUP, P2 +ROBERT CORRIE, MAYOR' +RONALD TOLSMA, C/C _CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT —SEWER DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY CITY ENGINEER _CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAING S ELIM & FINAL PLAT) BUREAU OF REC TI N(PRELIM & NAL LAT) CITY FILES OTHER: YOUR CONCISE REMAIqKt C 2 3 1997 CITY OF MERMAN OFFICIALS 4WILLIAM 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 4D HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO ,MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Legal Department (208) 884-4252 ROBERT D. CORRIE. Mayor +L COUNCIL MEMBERS WALT W. MORROW, President., RONALD R'.TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY A, 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: January 6, 1998 TRANSMITTAL DATE: 12/17797 HEARING DATE: 1/13 /98 REQUEST: Annexation/Zoning of 4.13 acres to C -G' BY: Eagle Partners LLC LOCATION OF PROPERTY OR PROJECT. NW comer of Eagle. Road and Magic mew Drive — 603 S. Eagle Road - 5 JIM JOHNSON, P2 MALCOLM MACCOY, P2 MARK NELSON, P2 BYRON SMITH, P2 _KEITH BORUP, P2 _ROBERT CORRIE, MAYOR _RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C -GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT ` BUILDING DEPARTMENT . FIRE DEPARTMENT -- POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER JAN - 6 1998 CM OF HERIDAN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY'DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) " INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES; OTHER: �Qj_ lq- 9 YOUR CONCISE REMARKS: �t: e , 1 1 CENTRAL CENTkAL DISTRICT HEALTH DEPAMENT i •• DISTRICT " Environmental Health Division i;� CEIV urn to: WHEALTH t--Ia - OEC -9 ic& ❑ Boise DEPARTMENT ❑Eagle A. Rezone # l`lNpeXA% ,0-W ,;!,J 1f� �TQ C �T ''� +ar` f ii� ]Garden City �'d { /t440'.f- Conditional Use #9�14vidian :1 ❑ Kuna Preliminary / Final / Short Plat t .r.Vryry bo {AyCZ 'd Tr'% Jr r&- K- rte_ 4171 ❑ ➢,,, I .I. Wetve No Objections to this Proposal. .�- •- ❑ 2.We recommend Denial of this Proposal. n ❑ 3.p Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. 4. We will require more data concerning soil conditions on this Proposal before we can comment. F-] -5. .,' :Before we can comment con ern"ing individu" I sewage, disposal; we will r q ire 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 1pathoggens,to receiving geound,waters and/or surfacewaters. i ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. After written approval from appropriate entities are submitted, we can approve this proposal for: ,i[ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ERk central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 10. _ Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if, other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. A ❑ 14. We will require plans be submitted for a plan review for any: ® food establishment ❑ swimming pools or spas ❑ beverage establishment ❑ grocery store a ❑ child care center Date: ! �" /�7 1-17—. . Reviewed By: Ali s CDHD 10191 d, rev. 7/91 Review Sheet r • WOEI V En JAM 0 2 1998 ORGANIZED 1904 R'RI^'AII, Lim 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 29k**k*WXX 208-463-0183 Phones: Area Code 208 23 December 1997 OFFICE: Nampa 466-7861 x63txxxx3wxbmjtx SHOP: Nampa 466-0663 Will Berg, City Clerk xl xxx xx City of Meridian 33 East Idaho Meridian, In 83542 RE: Annexation/Zoning of 4.13 acres to C -G - Eagle Partners LLC Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above referenced application. { Sincerely, Bill Henson, Asst. Water Superintendent , NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File - Shop File - Office Water Superintendent Bois PQ F APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 �--t: •, BOISE PROJECT RIGHTS - 40,000 ADA fOUNTY HIGHWAY DI�RICT I ��o SAN. Planning. & Development Services Development Application Report f MCU-43-97/MA-13-97 603 Eagle Rd Chevron/McDonald's/Idaho Power Credit Union The applicant is requesting conditional use approval to construct a 5,000 -square f of Idaho Power Credit Union with a drive-thru window, a 5,359 -square foot co vemen store/McDonald's fast food restaurant with a drive-thru window, and 5 are foot carwash facility. The applicant is also requesting a rezone,&m RT The 4.13 -acre site is located on the northwest comer of Magic View D d Eag ghway 55) approximately 720 -feet north of I-84. This developme estimat 500 additional vehicle trips per day based on the Institute ranspo S on En Generation manual. On January 8, 1997, the Commission reviewed and'appr 19-96/MA-4-96 for this site. That application was a request for a rezone and ndi proval to construct a 76 room hotel, a 5,359 -square foot convenience store/Mc onald' estaurant, and an 800 -square foot carwash. The subject applicatic ar to th = s application with the exception of the previously requested 76- Q e: Roads impacted by this development: Eagl oa Magi View er4, 1998 - 7:00 m. ACHD moolassion a _ anp. k K a Facts and Findings: A. General Information Owner - Gerald & Deloris Marlin Applicant - Eagle Partners L.L.0 RT - Existing zoning C -G - Requested zoning 4.13 - Acres 0 - Square feet of existing building 325 - Total lineal feet of ACHD proposed put ' 283 Traffic Analysis Zone (TAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Eagle Road (Higliway 55) ITD jurisdiction Principal arterial with bike route designatio Traffic count 31,975 on 11-6-96 531 -feet of frontage 138 -feet existing right-of-way Comply with ITD for required r of-wa Eagle Road is improved with;. °_ ' " raffic lanes with no urb, gutter or sidewalk abutting this site. There is curb, gutter an sidew ` this site abutting St. Luke's property. The intersection of th ftce to S . mplex and Eagle Road is located directly acr�eRoadc rth boun a of this site and is signalized. Ma 'c View N-0 me Local comei =eet wi way designation Traffi a 4/9 est of Eagle Road Tr 7 count 20west of Jackson's Texaco -feet of frontag -feet existing -rig,.. 0 ay (25 -feet -from the centerline) 8 -feet required ri "t -of -way (29 -feet from the centerline) is View,t e is improved with 30 -feet of pavement with no curb, gutter or sidewalk e. There is curb, gutter,and sidewalk across from this site abutting the gas onvenience store/drive-thru restaurant property. State Highway 55 (Eagle Road) is under the jurisdiction of the Idaho Transportation De- partment (ITD). Application materials should be submitted to ITD for review and requirements of that Department. Contact District III Traffic Engineer Lance Johnson'at 334- MCU4399.COM Page 2 91 property line (opposite the subject application), where St: Luke's constructed a 5 -lane driveway into their` complex. The intersection spacing between- the- Eagle Road/I-84 ramp terminals and the Eagle Road/Franklin Road intersection will allow for only one signalized intersection. ACHD staff met with ITD, St. Luke's staff, the neighbors and the applicant to resolve the intersection location issues. ACHD staff fully supports the ITD action and the current signal location. • Magic View Drive is only 700 -feet from the ramp tegninal intersection. The optimal signal spacing required for safe and efficient op n of the roadway is 1/3 of a mile. The existing St. Luke's signal is appro ate ,200 feet from' both the ramp terminal intersection and Franklin Road, Based upon recent ACHD counts of 5,600 ADT o ., K, agic Vie , - - as revie the traffic volume and accident data at the Eagle Roa agic Vie_ ters e e if any additional improvements are required. Both _ , bo and outboun have been prohibited through a restricted driveway desfg southern St. Luk drivewayJEagle Road intersection opposite Magic iew Dr The eastbound -to -northbound left -turn from Magic View to Eagle Road is a high s t at this location. An even higher risk movement is for the vehicles that use a west- un011. amp of I-84 to head north on Eagle Road and that attempt to we r,.o s the tw- Anes ' traffic in order to turn left onto Magic View Drive. ITD staffanHI3 - _ have determined that a new public street abutting -this site's northern,bog4l a � g traffic signal on Eagle Road (at the existing traffic signal for St. Lukes northern d Awa t . essential for parcels on the west side of Eagle. Road to have fa access . o the roa, ura Constructing a new public street abutting the site's northern boon woulgive the vehicles more time to merge and cross two lanes of northbound traf d allow em to make a safe left turn at a signal. ITD has {general po g mst to �ychannelization in rural areas similar to the stud ea becaus f the azards duff w plow operations.. Examples of channelization insta e p D in recent year are Broadway. near Beacon Street and on Chinden Boulevard near'the- et intersect" oath Broadway, and Chinden are principal arterial streets with traffic itmes; igm icantl gher than the existing volume of Eagle Road. Thebj applei atto e second commercial development the District has reviewed in th agic View Sub VIM within the past -year. With the mixed use planned development erlay zone and th u ivision's close proximity to the intezchange of Eagle•Road (State ighway,55) and Interstate 84, there is potential for total redevelopment of the subdivision, which case v ular access to the existing St. Luke's traffic signal would be important and essary. D ending upon the final allocation of land uses, total trip generation at the a Vaetiv "ntersection could reach 20,000 ADT at full build out of the redeveloped area. red oy approved gas station/convenience store/drive-thru restaurant generates 5,400 ai y vehicle trips. The current application generates approximately 7,500 vehicle trips. The subject- applicant should be required to dedicate 62 -feet of right-of-way (at Eagle Road) tapering to 50 -feet of right-of-way for a new public street along the north side of the site. This new street should align within one lane width with the signalized entry road for St. Luke's Regional Medical Center across Eagle Road. This street location is approximately MCU4397.COM Page 4 ' d j • Stacking/weaving between I-84 westbound off-ramp'and Magic View. There is, only 300 -feet available from the end of the westbound I-84 off -ramp to the northbound. Eagle Road acceleration lane to the beginning of the Magic View left turn pocket. This distance is insufficient to weave across two traffic lanes of a high speed high volume arterial. • A signal at this location is in violation of ITD's policy, ACHD's pajar, and good engineering practice regarding signal spacing on major.art Is such as Eagle Road. • Montevue Subdivision is a one to two acre 10 -'Ubdivisi ,;. - of the S Luke's site. The future redevelopment of entire su ivisio e . iven the desirability of the surrounding prope de v pment. Mo final closer to the interstate ramp (at Magic Vie e up the likelihoo ture signal request between Magic View and Franklin RQ a ommodate the traffic that would be generated from redevelopment o e a k ! " tioned subdivision and further development of the St. Luke's pro erty. M' the existing signal location allows the future potential fo ed acce € e Montevue Subdivision to Eagle Road via St ay. • St. Luke's would be require_, o redesigmthea arui of in order safely and 1.17 efficiently accommodate a -r' adway toss fro agic View. The cost to redesign AW the parking lot is esti ° to be ti0,000 representative for St. Luke's has indicated they are nQtut ling to for the equired redesign of their parking lot. St Luke's has also sub ed a drafts nce an for the next two phases of development T ti their curre 1 e lus a dra "=nce Ian for the parcels to the north and east. e existing�gnal_1ocation is zaca to supporting both land use plans. Wshr6moioii; Eagle R�a�un er ITD therefore, the following recommendation is made to ITD, that t ie u oad sh 11 11" u1d 'M7.11 °` ligned with the existing signal on Eagle Road and the cost fo , w e shou_ be paid by the applicant. F s� H. T applicant is no o= ing to construct any driveways on the new ACHD proposed street. the street is appr ed ' ss proposed, District policy requires a minimum of 50 -feet between a riveway on a local :ommercial road and the Eagle Road intersection. Staff recommends that minimum of 1OEl- eet of separation be provided in this case due to the volume of traffic that nticipate e new street. I. c po icy normally requires a temporary turn -around at the west end of .the new street. easement for a turn -around is typically permitted by the District where the design of the site will not allow the provisions of a full circular turnaround. If the applicant proposes to access -the new street, a driveway in the correct location could meet District requirements for a temporary turnaround if an easement is provided. The easement for the turn around `should be coordinated with ACHD Right -of -Way staff. MCU4397.COM Page 6 3. Construct curb; gutter, 5-foot wide detached concrete sidewalk,landtpavement wideriing ,to complete a 41-foot sireet�section oil Magic View Drive abutting the parcel (approximately nor c .ifr; s y g • ,. .±� }.�! C>�;.,? � tte p,�!i-*"}�,. � r i,°,i. ' k.-�.i k �i'� � �f a a.i • RP �: � C.- ; to 4. Y Comply with`requirerfients;of ITD�for State Highway,55 (Eagl'e Road) frontage. Submit to Y .the; District a letter from ITD regarding said,,requirements prior to District approval of the final ,plat or issuance of a building permit '(or. other requirediperm ts), whic n occurs first. „� IVs; ,Contact District III.Traffic-Engineer Lance. Johnson at 334-8340.- :Y 5.., A 30-foot•wide curb returri,driveway with 15-foot ra ; ated o tely 48-feet fro the west propertXdine shall be,permitted on-Magic -�ro w Drive r r � eet ofa separation between the proposed driveway and-th a istmg dri, eway,o „ f Magic View Drive, x .l, ,� tr ' r 6. A second 30-foot wide-curb return driveway on Magi rive shall,also_be-Permitted approximately 105-feet from the-westerly driveway nisi .; maligned with a driveway currently located"on the south side of Magic Yie Drive e•ACHD,proposed road_ AS not constructed at the north property line ch case ffi " nt will be required to t� locate•a driveway on Magic View Drive um ... 175-fee est of Eagle Road. ._ 7. vThe, new public-,street at the north baundary4o, ` is oughly align-with.the,entry road for St. Luke's Regional Medical C`e�nter `(30= eetPsou fi Greenhill Estates Subdivision property line). The applicant const : ' t the soso two lanes of a four-lane roadway abuttingRthe parcel. Curb, g, ate- and a oot wide concrete sidewalk'shall also be constructed abutting the a �f Coord a ,e they- e ign of the intersection with the District's Plannuig�and Develop ruff. Th c n �e of the new' street shall be within 12-feet of align iie & th the,cent �of St-Luh` riveway and must intersect Eagle Road at an , r i an a tu!een 5nand OS egrees. �., 8. The easterly:, on thenew- treet shall be permitted as a 30-foot wide curb return 1:�j-drivewn,adii located a minimum of 100-feet from Eagle Road. M, � -4 9. C struct}any prop sed 'vewaysµon-the-new east/west"street_as 24 to 30 foot;wide curb cut iveways. The dry.; way shall be located a-minimum of100-feet west of Eagle Road, and all;have a minimum• of 50-feet of separation between any proposed. driveway,. ¢ Coordinate. e, location of an: roposed driveways on the. new east/west street with District staff. 10. xe men orp a, temporary, public turn-around shall be provided at west end of the' new P rY,r P P a easement shall be coordinated with ACHD Right-of-Way staff. t MCU4397.COM Page 8 F. a applicant to obtain written confirmation of any change from the Ada County Highway District. , 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applic t or its successors in interest advises the Highway District of its intent to change anned use of the subject property unless a waiver/variance of said requiremen o egal relief is granted pursuant to the law in effect at the time the ch = e in u t. Conclusion of Law: 1. ACHD requirements shall assure that the propose d opment will undue burden on the existing vehicular and pedestrian tr n system within vicinity impacted by the proposed development. Should you have any questions or comments, please conta g and Development Division at 387-6170. µ Submitted by: Da 's Acti n: MCU4397.COM Page 10 E t ATTORNEYS AND COUNSELORS AT LAW P.O. BOX 10 , h 77 IDAHO STREET HERITAGE BLDG., SUITE 300 , Y" MERIDIAN, IDAHO 83680 HOWARD R. FOLEY MARK S. FREEMAN TELEPHONE (208) 888-9111 MARGARET S. SCHAEFER FACSIMILE (208) 888-5130 JOSEPH W. BORTON January 12, 1998 QEGEIvIED Mr. Jim Johnson, Chair JAN 12 1998 Ms. Shari Stiles, Administrator Members of the Meridian Planning &- Zoning f -"M 01 AERIDIAN Dear Planning and Zoning: 1, On behalf of the Greenhills Estates -Homeowners Association I am requesting that the matter of the application of the Eagle Partners LLC for annexation- and zoning presently scheduled to be heard on January 13; 1998 -be deferred until such time as issues of roadway ingress and egress from that site to and from Eagle Road is determined. I attach a notice of hearing on that subject set the following evening, January 14 1998, before ACHD. The matter to be heard is the creation of a "new" roadway adjacent to and running east to west on the bad<.boundary of our subdivision. This is the same roadway configuration opposed by the neighborhood, the developer and, ultimately - placed a significant role in the rejection of that last request by the Meridian City Council. This issue appears to be such a large issue to all concerned that deferralof action by Planning and Zoning until recommendations are received from ACHD and DOT, is appropriate. In closing, I would note that the notice of hearing on this matter was not signed until December 23, 1997 and a lapse time of less than 20 has occurred. Sincerely, FOLEY &- FREEMAN, CHARTERED Ho oley HRF/cde Ph — TRANSPORTATION -DEPARTMENT DISTRICT 3 - P.O. BOX 8028 - BOISE, ID - 83707-2028 - (208) 334-8300 .r r4FCEIvEn JAN 0 8 1998 =1TY gat 4ERIOIAn January 6, 1998 -City of Meridian Shari Stiles, Planner 33 East Idaho Meridian, Idaho 83642 RE: Conditional Use Permit and Annexation/Zoning Permit for the northwest corner of Eagle Road and Magic View Drive Dear Ms. Stiles, The Idaho Transportation .Department (ITD) has received two transmittals for comments on the'Conditional Use Permit and Annexation/Zoning Requests for the northwest corner of Eagle Road and Magic View Drive in Meridian. Due to several comments and concerns, ITD is requesting that the Meridian Planning and Zoning Commission postpone this topic until your next meeting. ITD anticipates having formal written comments for your review before the next meeting. If you have any questions, please feel free to�;contact the Idaho Transportation Department at 334-8300, Sincer , Lanc Johnson, P.E. Sonna Lynn Lewis District Three Traffic Engineer Senior Transportation Planner M - An Equal Opportunity Employer - i r' t1i IRT 6 R301 _ 5 4 <- I 7 - . ( 14 �3 . 12 10.. 9 15 8 2- .3 1 r • DRIVE .J . I 6 O 16 6 5 4 3 21 i A7 F a ��o 7 9. o 3:1-A U T U M N 1. �q 17 I� ,' �` . 6 15 10 LJ W 20 12 13 1414 17 2 I ' 3 \ 3 1` t. 2 '\ 1 • �, f '� tac�Csi�v� •4 r � 1 � r 300 W DR;vF Mk C, vie W. RT' m c DWY 23 got .. rr.' \ Ar r • 16 /' ICINITY MAP! /' , , r ' � dd scale: �" 300 ft. Ar d i + l ( i dd I I- A Is m,a mo Ina iLlatt►uav O -VO MtCMI&t ILA" RVA *WVW ► C Vtl r+o.awo 9 ri f aom CHVa do= 11G821J '07 ei '� autt 3fH1► m ` pup Q, . I a O! I X111 I, I 4•-.l IT, I? 1 1 111{ IT 111 11 I 4.1 ,. • 13L �� ��/ t V � �•� la (� � �1 Z I I .r. • _ � u r� M — o I if 4:3 1 1'1 I I T 1 T t .i;; , g I 1 I (��� t I ► i 10 [ I I 'J •^ � 4 _— 1111 , 7 .. IIIn, b l ;4i 1 b li I 1 3. �--•�—t • 135 fill + 133 4 119if fill, I III, P€ `�4��! ,:;• Y a -� 3 ��� �• �d=� .; � �•i 39.1 =• 8 [ � i r! 3 s e li _v is .rs...rrrfr i! _• fG•e2 LL:3 nl_ r . i i 1 WILLIAM 0. BERG, JR., City Clark _A; E 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 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 8874813 Public Works/Building Department (208) 887-2211 Legal Department (208) 8844252 ROBERT D. CORRIE Mayor COUNCIL MEMBEAR WALT W. MORROW, Presidel RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P 8 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: January 6, 1998 TRANSMITTAL DATE: 12/17 /97 HEARING DATE: 1/13198 REQUEST: Annexation/Zoning of 413 acres to C -G BY: Eagle;Partners LLC -LOCATION OF PROPERTY OR PROJECT: NW comer of Eagle Road and Magic View Drive - 603 S. Eagle Road JIM JOHNSON, PfZ MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, PIZ ADA COUNTY HIGHWAY DISTRICT —BYRON SMITH, P/Z ADA PLANNING ASSOCIATION _,KEITH BORUP, PfZ CENTRAL DISTRICT HEALTH _ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT —RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT _CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) _GLENN BENTLEY, C/C WATER'DEPARTMENT INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) SEWER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) BUILDING DEPARTMENT CITY FILES OTHER: _FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT _CITY ATTORNEY o �► ,�„��,f _CITY ENGINEER _CITY PLANNER CITY OF MERIDIAN WASTEWATER DEPT. OFFICIALS ha WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, Ciiy 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 _. A Good Place to Live CITYOF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642, Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Legal Department (208) 884-4252 ROBERT D. CORRIE Mayor k 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 Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 6, 1998 TRANSMITTAL DATE: 12117 /97 HEARING DATE: 1/13 /98 REQUEST: Conditional Use Permit for Chevron C -Store, McDonald's w/drive up Window and Idaho Power Company Credit Union w/drive up banking BY: Eagle Partners LLC LOCATION OF PROPERTY OR PROJECT: NW comer of Eagle Road and Magic View Drive — 603 S. Eagle Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ^ROBERT CORRIE, MAYOR _~RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C _WALT MORROW, C/C GLENN BENTLEY, C/C yWATER DEPARTMENT SEWER DEPARTMENT !BUILDING DEPARTMENT iFIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY CITY ENGINEER iCITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: F CITY OF MERIDIAN , APPLICATION FOR A CONDITIONAL USE PERMIT NAME: Eagle* Partners, LLC coo Stephen BrownPHONE: 345-7.832 ADDRESS: P. 0. Box .'388, Boise, ID 83701 GENERAL LOCATION: 603 S. Eagle Road, Northwest Corner Eagle Road & Magic Ui DESCRIPTION OF PROPOSED CONDITIONAL USE:_ Chevron C -Store with qas r pumps and detached car wash, McDonald's with drive -up window (same building as C -Store) and Idaho Power Company Credit Union Building with drive -up ZONING CLASSIFICATION: C -g I certify that the information contained h6pin is true and correct. 4 _ of Applicant Social Security Number F 7 7—,4X- /0,, ° LEGAL NOTICE OF PUBLIC HEARING. Pursuant to established procedure, NOTICE IS BEREBY GIVEN that the. Meridian Pouring and Zoning Commission will hold a Public Hearing in the Meridian City Hall on January: 13, 1997 at __J _-0 0 Wim. The purpose of the Tearing is to consider a' w CONDITIONAL USE PERMIT submitted by Eagle Partners, LLC for the property generally described as located at 603 S. Eagle Road, Meridian, ID Magic view SUBDIVISION, BLOCK , LOT ` 1 TO' 4 ° i a A ATTACHMENTS TO CONDITIONAL USE APPLICATION 1. Applicant: e Eagle Partners, L.L.C. c/o Stephen Brown 4. Ellis, Brown & Sheils P. O. Box 388, Boise, ID 83701 (208) 345-7832 2. Owners:, Eagle Partners, L.L.C. c/o Stephen Brown Ellis, Brown & Sheils P. O. Box 388 Boise, ID 83701 (208) 345-7832 (Warranty Deed attached) 3. Legal description of property (attached) 4. Proof of ownership, i.e. warranty deed (attached) 5. Existing use: vacant f 6. Present use: not being used. 7. Proposed use: commercial 8. District zoning (as requested by Rezone Application) 9. 30 copies vicinity map (included) 10. Site plan, scale 1" = 30' (attached). y il. List of mailing addresses (attached). 12. See cover letter. 13. Application -fee and mailing fee;` check (attached). 14. Statement Re: additional fees associated with use (attached),. 15. Affidavit Re: accuracy of application, signed by applicant (attached). 16. Affidavit for posting, signed by applicant (attached). F _ e F r' I-_1%0Vn-110 IDL -_IV When recorded, return to: Eagle Partners, L.L.P. c/o Stephen Brown Ellis, Brown & Shiels P.O. Box 388 Boise, Idaho 83701 703''x.063 flLU INCE TITLE" ' 97 � ink' 1 36 f' F E_ .. ` RECO-; :JEST 0 WARRANTY DEED This Warranty Deed is made this dayofApril,-1997, between Gerald W. Marlin and Deloris B. Marlin, husband and wife, herein referred to as "Grantors," and Eagle Partners, L.L.C., an Idaho -limited liability company, berein referred to as "Grantee," witnesseth: That Grantors, fo`and in consideration of the sum of Ten Dollars ($10.00); and other good and valuable consideration, the, receipt whereof is hereby acknowledged, has granted_, bargained, and sold, and does, by these presents, grant bargain, sell, convey, and confirm unto Grantee and its successors and assigns forever, all of the following described real estate situated in the County of Ada, State of Idaho: A portion of the Lot 1 Amended Magic View Subdivision according to the official plat thereof filed in Book 52 of Plats at Pages 4445 and 4446, records of Ada County-, Idaho. , . more particularly described on Schedule I attached and incorporated herein by this reference. Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging `or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all estate, right, title, and interest in and to the property, as well in.law as in equity subject to easements and encumberances appearing of record or on the ground. To have and to hold, all and singular the above-described premises together with the appurtenances unto Grantee and its successors and assigns forever. t= -And Grantors and their heirs and assigns shall and will, subject to the terms'of this instrument, warrant and by these presents forever defend the premises in the quiet and peaceable possession of Grantee, its successors and assigns against Grantors and their heirs and assigns and against all and every person or persons whomsoever, lawfully claiming the same X. WARRANTY DEED - Page l MM&C # 5871.02 April 29, 1997 { s EXECUTEDthe day and year first above written'. l Gerald W. Marlin Deloris B. Marlin STATE OF 't ) ss. County of�� ) On thisday of , 1997, before me, the undersigned, a Notary Public in and for said state, personally appeared.Gerald W. Marlin and Deloris B. Marlin, known- or' identified, to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Yflk 0_,04 VQ lam-'Vbtr ARY Residing ztWnL y( C My commission expires: CIFFIML SEAL KAREN KRAUiER tbary Pub11c - Std of khnn MAR{COPA COUNTY My Comm. EvIres May I& 2= Yw SCFIM= I to Warranty Deed* s (Legal Description) . F A parcel of land being all of Lot I Amended Magic View Subdivision according to the Official Plat thereof filed in Book 52 of Plats at Pages 4445-4446, records of Ada County,, Idaho, and amended by an Affidavit recorded°May 28, 1996 as Instrument No. 96044575. EXCEPTING THEREFROM: A parcel of land being on the Westerly' side of the centerline of Eagle Road Project No. F -FR -3271(44) Highway Survey as shown on the plans thereof, now on file in the office of the Idaho Transportation Department Division -of Highways, and being a portion of Lot 1 of.Amended Magic View Subdivision according to the Official Plat thereof filed in Book 52 of Plats at Pages 4445-4446, records of Ada County, Idaho described as follows, to -wit: BEGINNING at the Northeast corner of Lot T of said Amended Magic View Subdivision, Ada County, Idaho; thence North 89 degrees 57'05" West (shown of record to be North 89 degrees 58129.711 West) along the North line of said' Lot l;a distance of 40.37 feet to a point in a line parallel'with and 70.00 feet Westerly from thecenterline and opposite Station 49+81.54 of said Eagle Road, Project No. F -FR -3271(444) Highway Survey; thence along said parallel line as follows: Southerly along a 5659.58 foot -radius curve right 339.39 feet to a point opposite Station 46+37.95 a point of . reverse curvature of said Highway Survey, Southerly along a 5799.58 foot radius curve left 238.12 feet to a point in the South line of said Lot l; thence North 89 degrees 38'2711 East (shown of record to be North 89 degrees 371`02" East) along said South' line 66..10 feet. to a point in the'Westerly right-of-way line. of existing Eagle,Road; thence . North 00 degrees 21'33" West (shown of record to be Northt 00 degrees 22'57.7" West) along said„West line 576.73, feet to the PLACE OF BEGINNING. Highway Station Reference:'44+29.65 to 49+81.54. 0 B l*'L D I N G, T' H' E A L _L N C E , FULL -MENU CONCEPTS 0111511 The Oil 15 H is the concept of choice when the site is large enough and the projected sales volumes are adequate. It is a full -menu restaurant with C -store. The exterior was designed to make the customer,aware'I of the combined offerings and to feature both companys' identities in an attractive, well -blended manner. i The building design offers the unique feature of expansion capability requiring no re-design.of the core areas. Kitchen and restrooms have been designed to handle the expanded capacity. The`buildino can be ori- ented with the C -store facing the dispensers, which is preferred. or with the restaurant seating area facing the dispensers, when required by site, dimensions. Entrance and Food Mart signage will -face the dispensers in either case. The options include: • basic 28 seats with 780 ft' of C -store sales/cashier (Phase 1) • expanded C -Store with 1255 ft' (Phase IIA► r • expanded seating to 52 (Phase 116) . I both expanded C -store and expanded seating (Phase IIC) 3.5 s a f . r I B Lo L' D I N 'G T H E A L L NC E I OIL 1511 Paint color D Paint color F Paint color C Paint color B Front Paint color'E , LU! 9", C Paint color A Paint color B I i Side Decals as needed DCL210, 202, 203, 207, 208, 209, 210, 228, 469, and 033A Rear Drive-Thru Side DCL466 4.9 DCL466 S LOT 1, MAGIC VIEW SUBDIVISION EAGLE PARTNERS, L.L.C. 1. McDonald'siChevrori C -Store' ` Construction; wood frame and CMU. Roof; flat, built-up and pitched. colored standing seam metal. Walls; painted concrete block. Fascias; prefinished ACM panels. Glass; clear glazing in anodized aluminum frames I 2. Gas Island CanORY . I Construction; non-combustible metal and tube steel columns. Roof; flat metal Fascias; prefinished ACM panels. I 3. Carwash i Construction; painted concrete block and metal framing. Roof; flat, built-up. Walls; painted concrete block. Fascias; prefinished ACM panels. i 4. Credit Union Building Construction; wood frame. Roof; concrete tile. Walls;. wood shingle, brick.and stucco. 1 Fascias; stucco Glass; clear glazing with anodized aluminum or vinyl frames. 5. Trash Enclosures - similar to buildings. X . I I r' I � I E r i i � BRS ARCHITECT ,L x`11 Lt ap 1087 W. River St. ;Suite WO_ - BOISE, IDAHO 83702 WE ARE,SENDING YOU Attached ❑Under separate cover via delivered the following items:, ti "> Shop drawings _ ❑ . Prints , ❑- Plans- ❑ ` Sarnpfes ❑ Specifications- El u Copy of letter. ❑ Change order,f ❑ r THESE ARE TRANSMITTED as checked below: ❑ For approval - ❑ Approved as submitted ❑ Resubmit copies for approval h KWor your use ; , ❑ Approved as noted ❑ F Submit copies for distribution ❑ As requested ❑ Returned 'for corrections '0' Return corrected prints 0 For review and comment ❑ ' ❑ FOR BIDS DUE `19 ❑ PRINTS RETURNED AFTER LOAN TO US ,. REMARKS '3 '• •, i a ' .. . = P, Roger Foster/'cw COPY TO °- u' s a SIGNED: - If enclosures are not as noted, kindly notify us at once. ", � i CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: Eagle'Partners, LLC c/o Stephen Brown 345 = 7832 PHONE: ADDRESS: P. 0. Box 388, Boise, ID 83701 1 GENERAL LOCATION: 603 S. Eagle Road, Northwest Corner Eagle Road & Magic V�e�ir Dive DESCRIPTION OF PROPOSED CONDITIONAL USE: Chevron C -Store with gas pumps p'. and detached car wash, McDonald's with drive -up window (same building as C -Store) and Idaho Power Company Credit Union Building with drive -up ZONING CLASSIFICATION: C -g I certify that the information contained herein is true and correct. I i e of Applicant Social Security Number I 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 January 13, 1997 at 7 0 0 --pm The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by Eagle Partners, LLC for the property generally described as located at 603 S. Eagle Road, Meridian, ID Magic -view 3,, SUBDIVISION, BLOCK ,LOT 1 TO I ATTACHMENTS TO CONDITIONAL_USE APPLICATION 1. Applicant: Eagle Partners, L.L.C. ` c/o Stephen Brown Ellis, Brown & Sheils P. O. Box 388 Boise, ID 83701 (208) 345-7832 2. Owners: Eagle Partners, L.L.C. c/o Stephen Brown Ellis, Brown & Sheils P. O. Box 388 Boise, ID 83701 (208) 345-7832 (Warranty Deed attached) 3. Legal description of property (attached) 4. Proof of ownership, i.e. warranty deed (attached) 5. Existing use: vacant 6. Present use: not being used. 7. Proposed use: commercial 8. District zoning (as requested by Rezone Application) 9. 30,copies vicinity map (included) 10. Site plan, scale 1" = 30' (attached). 11. List of mailing addresses (attached). 12. See cover letter. 13. Application fee and mailing fee; check (attached). 14. Statement Re: additional fees associated with use (attached). 15.' Affidavit Re: accuracy of application, signed by applicant (attached). 16. Affidavit for posting, signed by applicant (attached). #n:i :� btu r,ZJL y.41",f,, r t Yrt u rt t ,i tst c. s•'J t9 }s+ .1-u t` y -,.: u 5 + 7't+,t �.� z, !r , K fa , a P �j'I l� r. r 'Jh J ' , I.;t" ` O.i�tt at + t y:s . iY 1 ., 1t� ✓ r; t ,T, f ., So _AW ' 'l r S f .1 . a 3 .LYI,'- +: 1.f 1 Tr i r•f J is �" t't". `i 1 .fl `4'." •- - 7 y ` ,• . ..e' . Y�,. _kt �, + C.r �' .t . , yr s ,r ir�4 -:'t r;. I > J •Sr 17 , 'ir. :l ;t r r ' , , .t` . , z fz .- X,t 'Y.. ti- r 3 �.-i .+ }r �1 i r, t '},e" ti R_. ! �( L . ra I .c„''3 ,.. >y _�i t•,ss * L`" tt' l i �� �t - t - :�f-' y.5, tt y ,. C.. t �.. . ;r,! ' !` .e +� i'"" •r >as a z 1 R, f t . °i 1t,. Y yGr c� �4' 4 I r •r t, _, "t j " .t »t Y..J k '7 •+it �, Y r>y it'u .t tf s ,= i a C J s , ' !" * -.t 5 F _= �i t: 17" k `r I Z ti r t tr xa t 1rr s. O.— ✓. t t •r .. E1 1 , ti F.., i' 1,r `>,�? -t � - � Y 4 , f r +, jtJ i y t �n 3.' ".�- ��' Xr.eA '} ` 1 ` 1 L a, ARCHITECTS 4> �,+ #;�� , lti � � r y"L, � rx � t ,:.., t <v �,r ��) %'' � � � ,�— I— j. fit , ; '. ' i^ ' •il ,j r r, ,tr r; ,} ,i.? 2, k - d ..`11" L S. -,:.r-,%-.'-`,. t'i•`1 r" ) > 0. ,.. t7. [ ., , - ? t f I ,i'7t + 2h i r L t f,.ir'' < r - t T - zl t ..:+ , : , , is ,y ✓ .` S� ` ! I i ra. w df "� •,�»r 'r t�'�-+,.•1Rr- `S'"�.'`"} 4 I'+ ✓ t "` �' A t. ` `+,Sit; 7 Str 3t< sy> 1 S..F ��C ! ,- h kn {.- t+y„�A e i +e e ? ' ..e;; r ). a� }� <- ^,`` .,r 'r� r _,a X ; . i , _'?t ' _.L,r+, 7, i _* , L. - t , t S n, ,+,(,' !.�•`+ s -r "F Y :d +y d f.. c 1 + : BRSArchitects,A.I.A. srtr` < < r —If .4 ,i.w ,.Z *1 r� 7 „ s f . �` a'Iss r y ? 3 _t vt t • ay>. u a 4 "t} A,� a ft'ca .. �..Y i �! t, in "4i� *tc .�• /, LI ,S t.f Z. }' - "1G T , - _ . n ,;z t 1,1.' :tF # C r„se 2Y4 t r , �T t'� ;u `t, , r' �c'I,, / •.�I.5N At ?1 r 1 Za .•; ,i' 1087 West River Street, Suite 160 7 ( .: + rw <s s t s r ✓ + y^i Yl } s t 't fti � u t 7: , � } 3+ t 11 t 7 St t �r i• .a'L ^+ j.rrfa ..5� s. S i y .y . �) t, F Y t 3' 't t t_ - a t tt < t N� L� r, 4>� { fn �4 �r � �`� is �: y ” . ", f ., �_ ,r t , t� Kv. h`i .. tri •- e f r .s i•JSf.3 } t ( , Boise, Idaho 83702 p*', , y,, �� +( �,,,, a.t � t + : _, f� Y. i v , z h ti !t ,HJ a ! t y .. Z .� "a 4 . t ' C t,. s , • , t l `•cQ r 1v �'. t T '.- , ..4 :,}'J ti v ,,� rt 4 tat , ~ -y ,. - <' I%,,, ,_ it•`t<2 -+'fa'• ,Y , aJ•.f i',r,[ „c. _, - ✓ �L ,. ���, * - J 1 a ia#' a t v e ! .0 , z s ; Telephone 208 336.8370 k� ' +''` , y�' i t i_) ?r r r r s; `' - � r ? l �; + , + > ; P r t c .... -,f 1 ,, C u t P --/ ,.,4,, .� i tT k fries .tV _' - v �'lth �tlttirS+♦ ,. F fC.�,- f; ryt , r ^w K �ht "! t r t sj .. f ^"'r! .f ?✓"> }' 1 r+ x f� {'t Y t + ,' " .,n. r ,' > +ft � c+ t c t: �� a t ?.. , t < �>',+1'7. I t 1 f ti *t 7' Fax 208 336-8380 . s ��. e 7* Sn at �� + r yt : j Z a� .t +t ° tr eL i�. r t1�t'r ( 4 r <' St ,... , i. 1y. 'i•y f a, %`.r < t "r C ,d -r t§' S i ,�� /3 .<' lig V. i t... fes.. 4 ' t Z� +1' 'Q tE+ 15f'.. L r r ✓ t " + +1, J<' J { i. i>' j{ } X S tj ,. r ,r titLL' > t�t..,A r S 'nj ,. is ,•t. , .•rv* .,. j ,_S ` t , . ^;ty�4 t. s. yt1 ��� ��.� �? � t!'.� Y Y 1.` ,.f ;% y,= in" �t Vit, x \� � ; December 1 O,T 1997 ? . "�n�'y>i '% I.",, !�+' ca`J !N , , a.. a y H•r• +-•., ,'r" Y 'Y.�}�"t ,y�`J:µ4 'i t.F j yJ� »G at. /•- yt1' ! ;: - i Y} ,rpt ` <7' tyfy4c .r `` F Y? t a t k r+r 7� 'iK {,� ✓ + rt . k i. 411 .y �! . ,L J• start ,+y \` 4 •., Y' .7r, t+ + X , < , Sfr' Wt t t °s. ~ .+. •r '<7" �' "J t'>• ` i <,,• f giAy - :1�1 `t. 1 +f �t�? r, .. T t �11 ,, _y � , i l '-U - !, - + {S� �, iS�-a '�.. t7 l YI t`t! � ? + a' i rt`'O,5 `2 ; Jt, +� n � it • ,1� s t Tr> r r.� .�y, - ,4 y sf_tY+ y v ., r " y di*W.. xV' <�•s t ;r,' .P 0{ ,.Y fi "+ s, .., K +r t " F .. Y l `. rte 1.t a. s , �,. ; . . Ii ;W h r: ..,,. `,- a < r ti i1 rh r + > !,• + k, S C ry.: . 1 S r City;'of'>Meridian 4 ;-` ! t �r ,_t� t -,r ti ,� =j r� .> �;. r .0 1,511, i� +.rr AA +, ,. '�' ' ' f . iF ,�!. &-,!­i-,­§,­'i,,-­,.!• t,i<t ,�' ��` `�i i'.. -.J t'a 1Z r' i` f. i [%S+l t.. `k! -� :! �. 4 r}r isit It i. �' 33 :E X ,Idaho.t oS �.rs�>�, r+}L [ 2 'Rm y i<! r L t ti ti' t t + T,J:L L, r a s �l , s. s 'v,r NL ✓ t'y t te"k` -I . t < Meridian; ,IDS 8:36`42`' ; .,i� v ���s�.,�,J,2---^MI S � , �t����; i w� �: '{' ;�t C i -, } r', ,,;'• ' �k %.r7 �✓{ ), !,qty �., ,t1L { v 9" d 4.'srlt.,�+ (< t .{ r - 4 - y ,'1 , t '(- ° +� ',_ r a fir/ ', � � ;I. rr Cts ` S) s" 1 ,-;i *,,, i t J h ? R to t 14%% 4 t1' ✓ bit , r - - , yut:Fy� i y ai+ L, t ct �+ t _ t ti3} a, ' 0.a t f - t,, Attn i��Sharl aSti1es'• '' >, ni7si X.�Y'3t+<*.r "-� f { 1t►tY, (�7, tea Ys% r_ 3 wts ,, .•`r ..,,i It i a.,:: -,-,V--:. s? r : <`ti., - , , a- v r ', t ,P it - #r -, 4f. . -;'!_-'1;'t 6. r, + ; ,- � S q a ;:t 1 tJ, '> ` r,. ✓' t! .' " > t - f ., 1 at.!g.t"`tS`." tr t- h t rtr-, ?,- r, s - t< ��.. te, + + . 1 •A ty r S f r -f Y a � .t T f )'r{I t h. `y 1 T+r�t 1t , r �j6 Rte { kr �-� a 1 '1 P Re , Ccind tiori1 set Applicatiorr�t"r �s '. `" t r,. ^t�`�'d ?r� >s 1 r .t> , r:., ✓ Jr ! < I -- f r r �, b i ai+k�s+a'C;.S:••z + ti ��• „, +, ! .rt ty. 'r f : r y ����=;t;l,.,Lot; 1 ;.Mag c VieW Subdivis _ont rf fir* ,} . .,4 .,r r, �, 1�;<; 1~ �r� `cam t E*. , , <„e, l �� fti1 . <` , t• r 3 "� .a.” t a C� re ., , � BR5�Pro ectt No 9646} ,, + .; : } , , ,r '-�,., �, Y;-, r < 2� .�s> .,�, r . Y est 'j Y �� X ✓7 x f i ,t w'4M {t s ''%' S ♦,5 f.J,^.. ! .,' ,.,{,/ "' lat V ✓: < i,y+sr t ,,-„ <i :s "'. ♦yt, .�+ X i ,� 7. ., t rr` t r ?i 1 I ra 'j,t < r r.il.Y.t 7 [) ,w -qv t'� •Yr `}i s S+ i' "i 4 C�7 nL-r .,. a" 5+� r. ti,l'«l.t,�0.. , a..1+$' ..i 1r Z. r+ n ). r t iy? /K. 1 t �.• ,F� '�' vS- �P}� T'9 -1. - b�• a.+t - r 14tr.S^•>.A l •.j 4hi JIB/�1 :,a / ! sii�4>ti✓ f.I L' r Ft. a �;ytt. J. `{ > e r _.res ti. G, ", �1 . ,T,+. �,{,�•,, x�' >,, t t --- •< r�=. a7 t'.a 'ktl{t u ystjl+,,,,-.$ +•` • k" + "' Dear1Ms ✓ t5t11eS'• '� , r , `^ L�ti;�y za .,4s t#rt , ,t"i. , v ,' �c `: t -S r f t y.'„ . <; i ;.' z SX, Jr • r},.`j.. r 1 t x ?5`% >} fyS ,f,r G N; S`.r \ i t. ,n ♦. ! j.t' '� tv,� r ty� R + C' ,: r tt r F , r . t r> ` :S ." t !.r}' + c b :ti." rwt, �' +;'�t f `tt tt' i , c:,6 t.f ..a.11 q, r'+ Lx{ 7 �..:s'av-,`' ". n Y �i r r.. Y �' - " r �' • -t t� s Conts.ngent*,..upon tiapprovail=�of `�pendng�t annexat=ionti;Aand i rezone'�,�;�j�t. r applic, - .:4! .,Eagle rtt .Partnll ership1 *,�:respectfully,r� requests _, . '. y ,t J , ., '11rd, t >- �.' ' �' ' .Chevr'ona Convenience _. •`", f} G"� 'ti Cond1-ionalFrUse approval, to,�;constructr a , , : >�t .��, l ` drive 'up;yw ' dbw 'inr�tonet' bu riding', /„ ry Store wand ,�McDonalds'•„with ✓ Ja, K t t-, .. tgas'`,�`3'sland:pumpsy ,andf'canopy,� .-,a �,;detacYed carwash; :,and, �,aE.k_-,�`, t„ 1, M1 s• - f f y • building rfor� Idaho�P:ower;Creditj SUnionL,�with, drive, up thanking>:on! .•s \T 't ,''; a r 7 f J ->�; yi �' .r,v:t w - t l ,, ,.f ' yeti . t,�: :+ ti� t q i > h ,,,, ~1�'hof^Magic.YVie�;�5ubdivision `.-.. ; x ",, X° x `,t�`; 1, ,r; + .\ /, ,• i k "'+L_ .'� rs%:: `r ii„7.'r(, 1 �i 1. f- :1: ,At i •1 , 4 S + a T;`�y'ji •f .,,i\.'�`Y�!±^ f iR' � »•F n'. ,a, :�: j ti -\=! il_ � .'. y - ,jY! ,: J. yrY4? J'. i ..Y t✓ , µ7+ , •^Y •,i Cf}Y sl L, J .�1 $1.r} rt •r.: t7�Ttt u The' s tete s`'pre's`ently�tvacant':and Ass serviced by . , ut�:lities I- ,, x :14..� q r ,, arc'' t . `7 / a # + t 1 / w %t 'i, , 4z s * �< r , t , ,• ^ Y >-:ti• ..r ` 1 t r.., <•, , ':; `3, s 1ty #X y 7. ,” r+ Z<' S ft ' - ' 4 i t d, 7,+ ) r S r ...7,1;1 l T'1 f 1 a i_ .. t1T ti f i+ ! f t+ , `r •S+ t 'ist�a t; N/ .i�''.tt;''" �;'.t�tir <'�11 '�fav,,q'.t• 4tii- ,',i )b--t,-Iµ'+•`�. >. '`-3t rl@ �lesi@ d�aT'� '*.+' 's,; �; �`TY ere 's �fan� ex sting'"mfn r, rrigation,ditch _ tr;�f�nortat� we,'�t�� > >'¢ ti4 M`:lof=the�:tsite;,wht ch�wer11 propose,two, lacesinYaa culvert�so,,th r. ,1 :,�/ �"�v. J p ✓ ,,•.:h•!{ 4 '!.'.! r t g ,'S ,,,,, ✓ �,l..''�+7•t'•St.f , f+ :Y u, fy [� ^7+.''e % 'a+.. Y! Fa c< r d' ., # �,.t - ` JY : {4N, .y t. V ,y . + t t1' lf, < t .t 2 y " 5 t 3 , '1� t , • '1 A + F'' eat»mayl have,'"access;o .,, It , 'sr ' C: t w ai..s -C%Rf' i't,# j, i q� � ;.,� �j r' � �r �� ',i. }i 1 >i t '., ,! .t. 4f" , t, , ... ti f r i Wi f ` S' , ti� 4+..± � <•: ra, 1.+ .. a` r ; ..t a. t t +..q -+, ( 4 t > � 7• t 'e ,,Z ! 1 D J.f < t ig , f4t lS ?? ki !,y.� iv 5 -7y '"+a t ♦ .,J riJ r t S� .,t t., 't. d :� f sa,rt.�11 !!t , - na t' �• < f,+ A J} r'y ,L. !t, l �r 4� <\ �� t l .i�.r 71 <� .fF •' ffiit :: r ' k',.VL ltr' 4. I x', rt� >, ' " '� entrance off: +of:�Eagie""Roadt t " t ' i;t,tJ,We•n�xpropose to3align lour primarys t jM r , r, t �, , � T t - f,.Z�ir++ r - tt *y.- ss .. r t' -Ss 3 r_7 sry�AJWJjr :they existing�'signalized r entran'cet,'to'„5t` Luke`'ts ;, ed calf ;T ��� ;/t �sy 3G ,!3"+,jt•�(, �i°,r7a.�l,Y%+S` +�.k 3v t1t�7 v�it`y� +<1, .5'%!''t. i{�',�.��L. tf`�'Jkt•°""i'"_ :�,•i v ?w �.r5.-t •..,r t f L3`1-f�-{Y++��'f ✓� a-` �k ',`.t ' 'Center tY ^: h.t ai,7% iA itrY t +��%�r r.:': ":�= +� +r.1 :.;.y<y�e,b.'-J !� . ;7y 1 'J''�i"�a i i ?'^::?te t �,F J' --n 4!'4' �.t�. {..•£i'•M ��c+. i -,,, -!i �ti:, . f '.�sht `v� t•t,.y7.+ , C •t',, ^.aY t#c �%i/1.,. 'fir y S 'y r' '\ ro 5 u s ,rtS, ! vt? { : `< 5<S ''�>r•,ti .g rt:' `vt Y rt+A ,, .,} !,f v;, x >. ,f�. 7 t' <: 7 i; r �"�; tt hs f, _ .:ry �., ,5• 5 . , t> .P. Y addit oval ;sewer,'r; ,- .� TYier�ta licant "acknowledges ;then eed, , o -' , t111.1.0.0k...31.mor eschar es xt,ifr an 'associated,witha the �; . a'� �� ! tras�fees. g ► !1' Y.� ”, tt . , �_ ',� 11 U�ht•..,�- water:rbr-[� �: . y > x _T C�+�, :.r . __,;r,-5,- It, -t ,�. t ti!", ut-'c r ra . + -a ttC S'v?r wi, , S Y F. � • . , ". ,. 1� �.t 7 ,t ;wr > , +< a •� r ;{"�' it , toy , rt t! ti'. , �' =1�-�'prOpOsed `Llse" ,s 5 rt r .nr t1t2+- `� L .. t r l' o J : +s< .s ZrS _ �i 1 N ,a;' y: Sr+tt , y ";,+ +9 ,' ,r, it};, r .� y,1 ; Ca0t tet! i t t� '`^ �: y.^ 1 yd t& ' ;'t c ..3. .t { i i'+;•�7,., t :i ,Jr ✓ t. .Y1 t /Ls .� f 1.S'i• y,(! t t ,• ,C 5r' :,t.�['yr, :It r. �1. a•< •, T +-�i4J t, -y� M� +.�-A� ., •f. I. J• SiF G� �r i r ,, ,it .il..• rt.,Y41 �F4 h �. l4yl r/;•t 1> 4` tl t.a• , {?` ~• . tJ't r "- _ j. ift w. r, K rt S, S r -,CJ t ti. l� 31 K. K. 1 1 d ^� 'iia . y ,. �; Pr N1 v kyr �' .r. ,++ • -, t�� �(i, L • . tell q .r5 !' i -tn 7 t S�fT.'+ M h. Rr" 1•l-`}I.+LlQa t it.� .ta<C42 _ .h !' �. ch'arac"teristlCs ,t tha_ t,,,�m_ akey;;the Con :t 'tio 1 Use ,4a royal ;. ,�}A. ; �Y , "•The t f .92.--.�+x y,desirable >are�•ther site �s�Kproximty>rto�Eaglet Road{,and, adjacent kt +� z r ,1 J `comnier"c ial'rdevelopment" : and:the, rowing I,' 1for?',this`Yty e�'tof�3r �,, � �, ,t� rr .g1. F , L sa P tr 1 . �c•s, - - a�, I. "�':r� "evelo»niierit�.irithat�area�to^proud_e°services�'tand�canveniences "r <� *l� . d - ''n�f�"� ) npt• rP:r� --� 'Tl „com e C Ft?n1nstltLitlO lr ,fires den ^moi, M 1 ria and .� tial. nor 1 ,.�k ^.rounds m r is .L' . , : ` t' w ., r +,) 1`# to I the ,,sur �t..g..� `, iYt,~.:�r x f r -i s 1 ",{•,i lra 4 r ai- t`2h. *it I.e -4 L "' C•9t\ t ,j.rY P _ �:F�• , .i, `..t,(",l qty* §C .c ♦Sf «•.•y" tr,+!•y` !ir : F'Lrl f {rt�+Z _ f! r".�f`. .i':' r,�yt'%y i'Ji iY.�; , S' ♦,�j7: t{ ,� , - r"I , ,I;., rowth f xy i w7i , W. ('ru i .` f , , _ t Y . t}l ' i>� t- t t, .. L ..T' %y 1 #•!S 1,,.W S:L �t 1jt,' S 4; _Y `2t i t ,;'i,T a • t >}'w. ,. .i, ^ .\ ,r '„tom t'�.Y.+:_ t , ♦ ..'t7"n t :. !• T '7 { ' t.. t, \ L.t� �X a. ri I+ , 4i::f r i t- tis' :w,. L y f f'4. r. - r n pw.�.f. .+. v' f Y 1 ,. NL , :.-•»j y..rx'%L `�1}},l} 3ia•�,lril�i+.iJ •e 77%VS.� y '-� Y+{.+s .<^l,ij�,K N •+�t SFS `4+jJ' „J.,. 7i �+:.tF.i`. 1ld.,tt'a •'.:1.1-9f' " „�-fit ��''_,• 'ti Q a ,r y • ., 4 .. _ - , ` °? '..,^per {� f t l~ �'yt s'�lVi '!L'-}1:.rr # J .is *` 5.; .{ . t i t L •i . �v t'1i iA' ?rte U!'t L r '�'.. a]`•\��•f -5: 1f ti t, '`• L.; s t,. . ' f 'h. 3 A c, • "S..a, '3 • �. f+. �-A, t�,',k S' +t t:.� t,� ♦ •r L �' y :.,a �a k ,(t / 4, ,'rt ti'y; b"' i d f,•.,. }, i� « n. # 1th .ryy .t,Sa Y`r Z•. . ; . t .Z .,.L „ 1 y rK.�.v )�< y $ L y %-4, tt .ixras k'�> d *:Ci'yt-K4t? s� +:a31'•-�`V. » �}JI.`a "i ;Y,�t' "", �r r a t, it, 11" tJ: �7 rrreee... ,% ^' , T, . .1 4 !Si d ; Ct i �a rt,' V. * ,, •qi+�A !�4 ?,r �; +•'.•Y,,,'�t.,f <•y t' Sr , ,�y ;h'.iC �' `i'�; '7=\w 14 Via_ �>f ti.Y1t-�A �" to • i. w17 )4� r i%� S�kJ� ^'16' "s '4l"i t ti i I ,�. .<t.,$ M <: :,'iC. �; �tJF �„a.�t'<„•� 'f �'ti,Zit .^.�.. t. }'{."'i J•1,7 %. /�i:Y••,; L��tti•.t 4 `r;.:l�•' 'R •/., ^,'�, �Y }•• t kL�;`f ,lt, r4r f, f �.-7Y,%f1-_,&,-Y',y.�+t .L s. •'4 f`1: t .< t; rM1 `• .{ 1 . �>• i,}+q'.�"•�.. 1 •<,j <•t �'-{ , `!?, S �t i%,.:=.N: rA� a .�+ �,<�,, ,'•.."Yt '. >'°ls, ,rr� < . +.,t L.! M� \ yywK fir. �`- , a 4 . ✓ .. tf` - �:.+{"' "^ .r •• .�4 F. \ , •,CT:')»:"%.t .'� ri: `I �'r wu�z' �H„* yk' 1''.; Y- "w;%. +3, .�+tJr �4. S�rA +L., �7j it !"S t. .•�{„t r '.+},�' Y ;� a C `e*i `.l{J,;J�j, ,3 � N- .4✓ ., , ��� +.r jY ;k i?:.,3 tryst 3 •i ti tr4 4.. :�f” !\ i •?!Z twl -,y 1L •-•. ",%!- fw`, �t.;'Y M t't'�� Ti`tr:.a'rr. A t,F, t _ � -; 1 f A ✓,ti: ♦ i tt t`;A,-,%:.1:","16 , i.,+•4..7A h'i-`,}' 7S ri•"..,' Yh' 1'a-,4.rr�T r".If'�, r>i Ly a l ft 'i• �, II 1 Ji'+ +, ` �� 1.4 XtYy�k.'�'f.7Ft -J' t• ''.r �' ��" . S�' .t. .,,�t''i, ':-,J[' r L3 I + •*C' ,?,'f't,�: ♦j t s ?'t� f w' 4, ' �,,�' 1f", ,-t `'►"Ayi•�•t�7+'yI' s.+ r 'I:JI+' f`eJ• f,••.�.z, Trt ,3J :': ��. � + 4 itt j ,t !'. � ,�� ,t• t'ti �,4.,,,;-%t S c, o � _'`it)' .+•'v �_ - �r 'y♦t!•�7 :tr s"'�a 7✓'tt � �t, :1-'t•"fy��, at1r� L.r , t r- .rt tt cf + ii r-%�i�t�• •++1:�' �,l } ��yy �: r rr` '�} <7, t ..t: y;: ,�t � -"� ♦ a �' �!�{� ,�Lr :4rl�i, A••:>Zrr,°Tti1 tii�,� ,J.t ,JY, i%�.i;Ce.,...-,�.:�I.!�.. •+. .e.+`. �i.i�;:t^ .�:.,. � #. 7 ��'.`E,a,',�r�'�+;i"+ vi�;�"a'e.r_t;.fi:�Fti:�4. _ �iis..✓-ti�'f a •_'t: �+, .�>. t.__.C'r,'ste•9_ . 4_. . F I We believe that the proposed use is consistent with the planned commercial development for the in of'`I-84 and Eagle Road and are hoping for a positive recommendation to the Planning & Zoning Commission. BRS:cw cc: Eagle Partners, L.L.0 f Q A—, - ci,o . 703`;`63 When recorded, return to: 5 C ; IS 1E Eagle Partners, L.L.P. ALLIANCE TITLE c/o Stephen Brownf Ellis, Brown & Shiels '97 IM fl P 3 P.O. Box 388 �f Boise, Idaho 83701 r E ._--:JEST OF This Warranty Deed is made this day of April, 1997, between Gerald W. Marlin and Deloris B. Marlin, husband and wife, herein referred to as "Grantors," and Eagle Partners, L.L.C.,, an Idaho limited liability. .ompany,,herein.referred .to as "Grantee;" witnesseth: That Grantors, for and in consideration of the -sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt whereof is. hereby acknowledged, has granted, bargained, and sold, and does, by these presents, grant bargain, sell, convey, and confirm unto Grantee and its successors and assigns forever, all of the following described real estate situated in the County of Ada, State of Idaho: A portion of the Lot 1 Amended Magic View Subdivision according to the official plat thereof filed in Book 52 of Plats at Pages 4445 and 4446, records of Ada County, Idaho., more particularly described on Schedule I attached and incorporated herein by this reference. Together with, all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all estate, right, title, and interest in and to the property, as well in law as in equity subject to easements and encumberances appearing of record or on the ground. To have and to hold, all and singular the above-described premises together with the appurtenances unto Grantee and its successors and assigns forever. And Grantors and their heirs and assigns shall and will, subject to the terms of this instrument, warrant and by these presents forever defend the premises in the quiet and peaceable possession of Grantee, its successors and assigns against Grantors and their heirs and assigns and against all and every person or persons whomsoever, lawfully claiming the same. WARRANTY DEED - Page 1 MM&C # 5871.02 April 29, 1997 EXECUTED the day and year first above written. r Gerald W. Marlin Deloris B. Marlin STATE OF�� ) ss.. County of ) On this �O day of , 1997, before me, the undersigned, a Notary Public in and for said state, personally appeared Gerald W. Marlin and Deloris B. Marlin, known or identified to me to be the persons whose names are subscribed to the -within instrument, and acknowledged to me that they executed the same. i IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. VTV 4OV14 Vr-� 6 r ARY P'D9LfffbilagiW O (J-1..0 Residing at Y( C My commission expires: OFFICIAL SEAL MwEN K►UTM NdWY Pub11C - sWe of Armon" MMCOPA COUNTY My Comm. Evfres May 16, 200 4 qt SCBXDULE I to Warranty Deets (Legal Description) A parcel of land being all of Lot 1 Amended Magic View Subdivision according to the Official Plat thereof filed in Book 52 of Plats at Pages 4445-4446, records of Ada County, Idaho, and amended by an Affidavit recorded May 28, 199.6 as Instrument No. 96044575. EXCEPTING THEREFROM: A parcel of land being on the Westerly side of the centerline of Eagle Road Project No. F -FR -3271(44) Highway Survey as shown on the plans thereof now on file in the office of the Idaho Transportation Department Division of Highways,, and being a portion of Lot 1 of Amended Magic View Subdivision according to the Official Plat thereof filed in Book 52 of Plats at Pages 4445-4446, records of Ada County, Idaho described as follows, to -wit: BEGINNING at the Northeast corner of Lot 1 of said Amended Magic View Subdivision, Ada County, Idaho; thence North 89 degrees 57105" West (shown of record to be North 89 degrees 58'29.7°West) along the North line of said ` Lot 1 a distance of 40.37 feet to a point in a line parallel with and 70.00 feet Westerly from the centerline and opposite Station 49+81.54 of said Eagle Road, Project No. F -FR -3271(44) Highwav Survey; thence along said parallel line as follows: Southerly along a 5659.58 foot radius curve right 339.39 feet to a point opposite Station 46+37.95 a point of reverse curvature.of said Highway Survey, Southerly along a 5799.58 foot radius curve left 238.12 feet to a point in the South line of said Lot 1; thence North 89 degrees 38127" East (shown of record to be North 89 degrees 37102" East) along said South line 66.10 feet to a point in the Westerly right-of-way line of existing Eagle Road; thence North 00 degrees 2113311 West (shown of record to be North 00 degrees 22'57.7" West) along said West line 576.73 feet to the PLACE OF BEGINNING. Highway Station Reference 44+29.65 to 49+81.54. Cr DRIVE l o © I 16 f\ 000 8 7 6 5 4 3 211 r 9 o o AUTUMN k t7 16 .4 `\ 3 16' qy g° 10 kJ. / Z ' 6' 15 w II 15 i5 is 20 a Cr 12 13 14 17 P E 14 ►. �\ 5 AUTUMN WA" . ti —j-- .. 4, \� i3 �G Il 9 8 7 6 5 4 ? 2 So. 3 1,!o 2 I, 5 t i ,A 300 ft. VE f C i RT �. 23 `- — AF i B5 / i- ICINITY MAP! scale: 1" :.300 ft. , 00 1 I w _ 10 �7 N➢ TA 4.ft­ Sol-* w W A 14"' V4 npp_ '. �'­ - , , ,,5 ,-' ". !J411 ARCHITECTS "A4 vi BRS Architects, AlA. IS6 1087 West River Street, Suite 160 14, x 41,' Boise, Idaho 83702 "s, 4 V.. Telephone 208 336-8370 ti io- -.,-4 i: 4 iL . -'I -8380 VZ, Fax 208 336 . . .— : , ., t 's tr -its I 4, via mz w... i q V, -7 T. rAI City+ f Meridian wa fa- 'n' g 3 3: -V;V�z Ddah6�-A, 'T i17 ,, Meridian .ID T�_ % '8 16 4 2-t�J�`,d;: -,it o*"-, h' "'Q.. lqiWlew;- SUbdiVi-§ fon*­,,.\-.,>.,��q, ;4,,. B R Pt 6 b dt, No. 9646 g " - f . �yam: V' t t3r! t :6 % -'-ljc­ajh't/, f ty�'! -fee-" yapp owrfdj�.,�% Vnsal e.prbbii YY' -i� f - k L'� ` o n 5 e w 6 k I, a t dt,. -.�b i�, ;.t k a s h f e e s o h -ar -t6z*payl..-an xaddl-fil e s ai,any.;�', use op i af y,� 'A -k :% -F qhm." B owntj�f ,Tagl x V Q D*�- _-,p♦ 1;yt L it 1, 7 I' 1 yL D-1 N G T H EA LA N C E I FULL -MENU CONCEPTS I OIL 1511 'The Oil 1.>11 is the concept of cSoice,when the,site is large enough and the projected sales volumes are adequate. It is a full -menu restaurant With C -store. The exterior was designed to make the customer aware of the combined offerings and.to feature both companys'-identities in. an attractive, well -blended manner. x � The building design offers the unique -feature of expansion capability requiring no re-designof thlee core areas. Kitchen and restrooms have been designed to.handle the expanded capacity. The building can be ori- ented with the C-store"facing the dispensers, which is preferred, or with the restaurant seating area facing the dispensers, when required by site dimensions. Entrance and Food Mart signage will face the dispensers in either case. The options include: f • basic 28 seats with 780 ft' of C -store sales/cashier (Phase 1) • expanded C -Store with 1255 ft' (Phase IIA) I • expanded seating to 52 (Phase IIS) r • both expanded C -store and expanded seating (Phase IIC) ` r I 3.5 Oct 95 _ OIL 1511 w i L D I N G T H E. A L*I A N C E Paint color D Paint color F Paint color C Paint color B Front Paint color E Paint color A Paint color B Sid- Decals as needed DCL210, 202, 203, 207, 208, 209, 210, 228, 469, and 033A t r Rear Drive-Thru Side DCL466 DCL466 4,9 Apr 96 r 0 .0 LOT 1, MAGIC VIEW SUBDIVISION EAGLE PARTNERS, L.L.C. 1. McDonald's/Chevron C -Store Construction; wood frame and CMU. Roof; flat, built-up and pitched. colored standing seam metal. Walls; painted concrete block. Fascias; prefinished ACM panels. Glass; clear glazing in anodized aluminum frames 2. Gas Island Canopy Construction; non-combustible metal and tube steel columns. Roof; flat metal Fascias; prefinished ACM panels. 3. Carwash Construction; painted concrete block and metal framing. Roof; flat, built-up. Walls; painted concrete block. Fascias; prefinished ACM panels. 4. Credit Union Building Construction; wood frame. Roof; concrete tile. Walls; wood shingle, brick and stucco. Fascias; stucco Glass; clear glazing with anodized aluminum or vinyl frames. 5. Trash Enclosures - similar to buildings. 7 f'� yfkC gi°?i fF FP ^6�f�f �fY ilk opg grr6g PIP` a fYdx 7 CHEyRONT'1cDONALG'8 and � i e. nn wear RR sr. ND COMM! LNION 1 1�� !J 1. `�° an"r a ROAD d Mb&C 'A" JW VR, MERInIdN, IDAWO 1i � ARGNITSGTS 3 { k i F fq P P 3 f'� yfkC gi°?i fF FP ^6�f�f �fY ilk opg grr6g PIP` a fYdx 7 CHEyRONT'1cDONALG'8 and � i e. nn wear RR sr. ND COMM! LNION 1 1�� !J 1. `�° an"r a ROAD d Mb&C 'A" JW VR, MERInIdN, IDAWO 1i � ARGNITSGTS 3 n 1 ',I jTj7 110 till i 1 ',I jTj7 110 i 1 ',I jTj7 MAGIC _v,EUJ DRIVE — I I � n I i Ili(1 IpI � 11 111�� 6 a. 1 1 T -------------------- L pa--a-a----a--apa----------------- I I A I � lil;i f— I�1 I T ? 110111 111 11 x 11111 i c ax Zni II i I 1 I 1 l_J b r -- I Z-4 —� j — — 'W IRRIGATION CAIDWINT — — — ------ ----y------- -------- 7 1 I ' 1 O R It 1 I � 1 1> V !!' L AUTUMN WAY I ` �G1Z$ENFiILL ESTATI=B SU60IVISION g a CHEVRON/1 IcDONA1.D'S and 07 ST RIM Sr.] % a 'f rE160 C;emVT NON �� U � enm eta p '+ Eitalts RC= S MAGIC Aaw DRIVE, MIRRIVIAN, IDANo ARCHITECTS 0 w sera nne '~ m Idaho Power Credit Union � ��,� MERIDIAN, ID4H0 J-1 U r.� ARCHITEC78 a. 3q :� .F Ffl"Y � A � 2 a jig $ i a'A 4 o ` 6 • d o r � a POMAM ggxx A� � & L s v � �b a a RF a. 3q :� .F Ffl"Y � A � 2 a jig $ i a'A 4 o ` 6 • d OIL 1511 BUILDING DzO POMAM ggxx A� � & a. 3q :� .F Mut �-gga4p y�4ES a ;FS a 1 A x: a jig $ � GQQ P r� a'A 4 o ` 6 • d y i ggxx A� � & s Mut �-gga4p y�4ES a ;FS a 1 flo1 P.11 x: A$ � GQQ P r� a'A 4 o ` 6 • d flo1 A$ � GQQ P r� a'A 4 o ` 6 • d y i ggxx A� � & s v � D' S 1 ro � T I ON ,..� - �'Sr��aS SS�czl�uafa:�ti.ea 7t0a�.� 5LE RDAD eM 1-D/. MERIDIAN, IDAHO a i i I A3h FFp3F - ro OIL ISI I BUOR ILD(N6" Me CONALD' AT I ON 5 6 QKyry� PHASE 20 PORTLAND FM61 ON w, e _ GORr >wc�sL =— ws EApLE ROAD oW 1-64 MERIDIAN IDA r P rig, i i I A3h FFp3F - ro OIL ISI I BUOR ILD(N6" Me CONALD' AT I ON 5 6 QKyry� PHASE 20 PORTLAND FM61 ON w, e _ GORr >wc�sL =— ws EApLE ROAD oW 1-64 MERIDIAN IDA ITY OF MERIDIAN ' "Hub of Treq& Valley" 33 E. "Ono { Meridian, Idaho 83642 888-4433 I n. c A I 1 1 - i AH claims and,returned'goods MUST be Received 0008618 R GS -2022 PRINTED IN U.S.A. accompanied by,this `bitl.t7-r P9inrca wile 1 s �rI TAX f TOTAL Z I cm ,...A,. ��'sArRa<iv?:ry an.�. �3": �•r ...L,..,.v.":.<fs,�..r :.•.crr _fir+.; �.- .,¢,. ...y,; �" :�i±�, �+ ,.: x, rnc,�„ t?. .;x 'a;; 'max „fy,� '— _ r 10290. BRS ARCHITECTS 1087 W. RIVER, STE. 160 PH. 208-336-8370 r BOISE, ID 83702 92-155/1241 DATE, DecPimhFin 10, 1997 PAY TO THE . < ORDER OF City Of' Meridian i $ **442.00** *Four hundred forty two dolla s and 00{100** o0LLA' R5 -Kap Bank Of Idaho Capitol Center Office P.O. Boz 2900 1Q Idaho �+ - A 1TK 9oiae. 83701 ,-800.878-5391 IY�ViiaL'1L\` BRS ` 9646 Conditional Use A "IOR pp 111101029011' 4124.10LS551:0L LO7S-2'S8110 TM . . ,0. r-,,I,7a r i•"i r.i'7 s, <rr. ,+ F„^ (. H r r , "t r - ° . . . [ +r ,, 1e 4 t ZYr r, ., r ,- „l' 7 r t,!>_"a } J i '7 7 ft ; ,*4 t Y 'T A its } 1. r� i r 1?..c J "'z 'r r i. iii S.' r, • r" -'• t f 1 - .... `i 'Ej '� 't tv Yp s ' ab< ,}�). r, t' iyiar� ''rt. 1,.v i' f ,.r i k Y 3 r t .l a r' ( ' Y J f. rV1 - >. l t •�,. .Ji i ''. - t ,r • i ,; -J S V a i F - • A. _4! +'. ,$1. t., r ✓, t,Z ,Y- '�* +Lr '.r hb �-✓ ^r ' 1 +,r 7. ry i •i• r ' U. — '•. y' T' yy'.`tr , � .'It,.1,,.,,Z ..ryr}- 7 t,L ] a r4 i, S v 11 < t ' , t(, ,. ® _ 7 4 ',.-V... ra' ter_ s `' t ti',.. ifl ,r,, s ^fir _r ,. t 7 t rs 7 < v. Yr,t •i S y+ r} r r r ✓ 7 - _, J ,�zr 1 . fS� s .,r , 1 r 'L Z G ,i' v 1! z- (,t+. , it 7- r• r , S rw ar y J t y h t t .,." 'i + w.Yao-S rrr Sl �, .�:1l ^,p z3,I I a� . ,.1. )" b,{♦ L ,) , r'. y. ,, a, s x l..r +' r }t'.- i i °s •. - L S• r.Y alt K r17 5 yri j,. r+t 5'.. t ! R •� a r_ r r y „t �. , r a P- �' 'tr C + - tizi :. ARCHITECTS ,t t �� �+ .,J�tLi°f +4 ��'r+� ' 4 a irj esd?�s x t� ft�r �� rye��. ka,a sn, z _ .n` < ti t 3 :j '1 9, » a 'r t Sr _ r J'\.r "rrr h a J t - r - f .+ •n , r , 1 ;.. i+,�, 1 t .' .,� .t 'Y "! Jp ] rR L ' f rY'. .b k' y l > > ] c y r tr• .!> ,, d.. 99', yet,. .,.. a 1 51- a� ] i Y+r YL. ✓ ^* 7 E i .,. t.I.it. -. ". r,; } ri'Y ,• ui. Y < ?Y r t .r -, at # " t kt ` I.i , -:t.,, , ., �; s1 „t..G3 t {f l •t , , �r fl,1 7 ° ,}. ,r by tka .,e. l F , j, , i. .x - �Y t v >.- G•+j n 4 - kl&. ♦ �.} .•attr V icl r :". r1i 'Fr. jK F rrr , Z' .r t. 4 { r i. + ! BRS Architects, A.I.A. rt .w r t + �' _ ttt t- sa C ti t 4 •�. , i .er K - 4 rr r! , ,. , - 1 �' k' , �f .l. t aw:� rr'^ yt."?t r '><%�i3. i� r- • ; r .• tr . ' c•hF I .1 y } r 1 4a•t i - a. t -!y .:y. ,.- f .at 1 k<,'+'% S.' S J 11 �' ^~i ( } ' ✓, - fr ' r S• 1i1r7- 1 'f - r , -+ t,r l 2t $ - • e, 1087 West River Street, Suite 160 r•. , 2 , F r" r 1 . ,r Y; < �. °t � + T t I I -i F r4 i ,r y t 1 Y� , b +� , 4 .s .X t t- r S 1 , t-*.r'C •7 ` > - ar + r y r j a . r t ♦ Y yJ r• ,;9 {' r. i + ^ t .4.v 1 r '° v'` i Na w i, r ,;-it 4 3 F LI 7 i Boise, Idaho 83702 +r r N �c { t £�`• r J r , {. •ti i rt+% r +.+r k• t`' �yy sL Y ✓ y - •. i . �. r ..� `1 ti 1 �. F (rCI z+,t`�„1 ,-4 ar v '• ,ri S+t. `�<f°• aft%a i.+ + aaN `�' ,r%Ca ,� • Xt kK ��• r rt. r. J '.,�r• r -� r t f F r r,%. Vr 'S•.. C .1,. r•t_r ft 1 t, tyitr-t 4 1 rf • i' !- ✓t - fr t } r. Telephone 208 336 8370 t y •(r' st J ,t Y < , i •�t rr t r t. f r j �t• 'S' r. .5• _.c. i f ^.. t \:, ,t } ,r i4 t r5 y. r 1{y'7 � vF lri }t dllf T'� • ]i,7 f., fi? ~ .{ }.,+ l 4 < .,. r.4. °,,t ,J } a •i. > A .t. ,r'� ,. rt-�,4✓Y+i. ., r e; r,z t✓ ',S r! 4>,", 1 t , + ! , -.✓. - F¢x 208 336-8380 { ~ �� +-Y � * q t ' ^% s }Sr` i " . e-1. i i , CS •`' - ,- r'+ +. r rf < n1 J t . r °Y s t • r R + L it tr 1. j,�l •.'rri ✓ ] .4 r: ,'t•+•' - '1 , � S ~ 4 k l a `, s� - - i q 8 - 1 "w—lit, •r +' r ,r.., z a r .,i ,. r< r .t • r . Rr r 'ty si. r,. `L - •t rt r e,' t�'I- r`a• ,�w" e„] t> '. ,�114<. J -- , 2!C,+" ,.y r� .. IY� , i Z t 7'E , r --< e ,y,'t''1.t.4tt<...Sr a rx <t� }'i'� ft X{ �� a3j ZZ'Yr tt_ia }ta;,t �rx - { r1%,:J .a'- DeceTRber: 10, t.1997t ,. aY .�tt t i�a.� � 8La Gi, a ♦^ 'r'+ r'S Srt ' .,Y t`rr . r „L, �>> :�,,t ti" iY,µ riy.a srY7Y�,t , r. �J it^y �.+: 3a• •+ }r.. 9 ;'1 .+ S ?" t. "r, r,�'�Ja i., 1+M.}Y l „<<S,+ tt e Y - a t `i;, r 1 ✓ *At %. �:,,A1 a t.l F,. �-'a 't rj ,lr,_ 3 4t , - at, . ? t,,t f 'fr' ,, r . "i1 C _ r . `'-s ,t � ,a ^'[y V •,.t . Rt.. ` r+x , KS t ^ '+.� 1 1 ry g 3,. y' rru ! .�. r J `• •t c a k /'t'���yy �y,-o rt Y , x > r r S• t tv �, s r+jry ., <, e �. ,i. -;;J'. ti, tcx i< < ♦ .rEtiL .r7 4% , - r S;y, 'r rb•.+.; ♦j`•iiF.r+ rE slE ''� 4'G 14.. ? <•e ti S >, i rr h ,dry 14 moi, ;, ,'-1 r `' tJ• s, t$<s it t+t .j tJ cY 31 „r" < ;4 r 1._ Yom, <.-,R Z4 •� rl. LrA 7�' •i' g* i I , ], e.1 � 1!✓j' +[ ' :8'lrf :1 trJ � ,1 ,4 ra ��L J -,.' .' r tr + s r: k , ii . r 't'�lat r ,?' ,�. ,1.1Y lYJ j+tt'' r - fi�r}}#•7 .+� - .; ,, 5 , . CitySoft Meridian < w r 11 � .rt,,.ct� - r >, ,> f. .„ti 4 , + j , ` } •4 f : ,i. 9� - 1 �: r. v ^,. • t'j3 `� . 'L. si .t , t , T '+ 'i• ,. + � `• r ,, s{ Y f i h.,.r- ,l. ! 4 1 . • t r r� t. t } 4 33,vE r;Idaho f�:'+ ry rr 3s s r E' µ h* 1 ' ir,., z } 't, �', ,,<, ..t1 h � l`rt} 4r i.< r ✓ ,4l` r i Ss , s}- v i J� rt rt _ ] )•;F ,h_ `t i s . 1„%.-N,4t1 r:C t ' f `. .�'. . ,r '. H' 1.. ,%, ^f' < • . .S °, Meridian ID 8,3642. <e ' 3r, < < ` + r] X. 1 t ,. 14i,. , F , /.aEw x r , Tj 't,a� ; ,. yi r rr • ~ -.ak7i i i<'i'. ' ra Y e 1 �Y^j "r +SSS y4{j f�i �'•wt r�cAZi 1'iin i �ytS`a k./iZ.+.r `I- }tom` .•' `t+; ftirzi -- a e+ {•� s f t r ..i ,� rt. ,t Y J r y i I S - + }„ w t': 1•� �. a ; S = ` '' X 'sig t tirt. - fit. tit ! ds t `i {5 ;111 .k{y} , r 't+ K , `a .,j s>rv. il.L >t ��, :r .} - y, •a �3 irY,'t „�.:�}r i. , s.'✓: �, }f . 't �r t jt .�” f Y J ! S Jjt t <. ♦ ,+ 1 E r ,�t°t .` �/ j ,$ - • 4 , r" .,i 5 rna 1 .,,,< .V ,� r /w .(, T , r.r t r< 9 -,s 4 l^ e 4 rrts, 1' > C ti . t ` ; Re' s, •C6nditionaI. s,e Application3 a�Y ,`Z r �� t <7` �=r L , t< r< .+ 5 y, at V s, t yyJ -H'%.. V. M i r;.:t e4-_'76 ta' - },. Y7- `.rz yt 1 ✓. , , .— • ti i ft ,t a,rs '-r. -a` 'i t Y s; l V. a}'. iM,i r4> �r !• .jt i+= .., tt, rr Lot 1 Ma lc View Subd vis 'ion { - < + , } ;r r � �� ,r, S. 1� t{L } 'rt :' {/. [ . ; �; i r, ..Lt? ,' ,Y J+. :'dJ."f .,rz et e� y i %''. ,,i A,`,;: `�� BRS��Pro�ect ,No 9646-+ es t Wit; a <� ,'.Y ` r Yri ti, :4 ;, - i, y. m; w..r+Z - e .: , .4 i v r t a. • f r 1 lli 'L .-+. -yG i !- S .'' •,..,i•. ,tt :P+. i r +ryt a rr rw, _ < Z 3 a r s4., + -•t 4 ✓t,A, - .1 it e.. ! J� 1. i i ! rr; •r) tC. ♦ y tr ] rt}a 2` ] s rrt s! t .F ;"tri YCi:'y<`-1 rc•i h'.a.•, +� {,� J.r`fr+• .Alj .f t`T �t_ �r7,t*+'I.4"",," •+-7•' tO 7..rry.}4 4 .� i . l �; + I,p�j... i . ~i it 'Yr r< �. s We tjjb;' applicants; .certifyy�.that; wee will post :not f kation_, at a�w' ;� .� �describ6d � pr6perty,.�,,` ones `�week�3,before ; the,r.��publicc�- easing,;. , � , �� : t { J , - 1: S 3 , 'tlt ri it ,,t t,. 'J ! i`t ,). r .. �, s6heduled , f or January's 1.3 �}at •-,7 00 p m- ,< as,'Nreguirecl , , V y f r`i ,,, ; ( �' �i'Jr .. cif{'., Y t rr t,l ,' r - L' v r x �' + P. r r- - 14 ~ - 4+ y Lir _ �; J 7 t i` t •.tet i J s - r ✓'. o<-` t » t , r*�: sr rLit r ^} Yi`yF+J r:l `f r .k ♦ yF, 6 �,1 .1.'.� , �� { %Y , i,- r a j • _�, s, ..fit c, ti. '. n},?'. :+a. •­1.4"ppI r Y ;;. � •,v ed y .,' ty �..�• a ,.+ W r .• ir•+ j.3. y`ZY J� ii, try ,a+ .,w .i 4.trrJ ', w"}i r .'S'i'w•. t•rf },t i fr i , M -7� 3 % r�We have/read the contents of Eth spa lic'"V and . . Ii, "that . ; .� {'tl a ttcontents` 'are ; true J And correct ,~1'; `�� ♦ 1� - t"3'. �, ,r ;',, < s ids - ; 4 . +, t tr r r t'.. .r , t.} i ; r 1 �.. t t fJgi ` - 1 •t Jf '` t b S 5t4 +' ; t * t �1•+; } ,,, : �? t t r i r x_ 1 1. .ir? r t a C t. «, e i !.. : �S,V,, , f r•:•i♦i�.ir.•+4'7r t"4,'Z'r r. .0 } �y^,y,�a' ->'2 4 ... •.'t"f''j.t 5', �' rr'? -n 1;• + �'.t - , trr !' t F: rJ S ,r>y i lta Jt,,,4 r4 iI +w/ : r,y4 ji, u ,, S t ,n9, 4`�l `aYt�a. \- -:{.% •,;1 1. ,. a a: •)�, ,r%Y ti '•"r ilr. € 4"' � ''4 '♦,` "Y` 11 lti_ N. iY ,•.e s _ S t! ., ! .'•rc+'. ♦ vJ z'LrS_ - '�* ,F�w� J ,, a r4y i' •: trt Y t, : ?i ,. ,t .i T,K -s'�C"'l'4 {�$'^ia i`l" +#.x; Y� l'` _ `f rv4 y 4 '4- ':.�7 Yrt'. %., ; +-�J�iti`{ .<} nc {fes.-'tr aii.'"*ir 4• �r i.'�1 t y, .t•lr4} ,�T J .ft... 7 Z? J lK.jJ •• r 9'i.=�"f}y 'tC� #t'. �.`... air . l App t :81 atllre h] 1 l ]r q'�y'�. 7 �� : 4 r r'_,* , � , , �* } „J t,11 i 4, 'j r. .r [jr 9 ..',f aR F ' <ri y * • r'a . , l �I,' t '++t.x n •ar z. t 'i� J,! t a {f t, +'V'M1'i 1 ✓ r t' ¢:t 7 r" i15 a " i! 4r,. ,•, JtJ � •� tF•-'s j r,r�r. i < ti .s,'ir'a" r zi„J�+ ; rya �t T}w< `3�} 1 }I t �, .r f..r7t rA -} r•{< t 4z.�,i� _` T t, rX_, t r,< 7/." ., r ..t ,s al - :2 �, • t. ;.��' tib �: {•7+ lSt•t'ri, r5 h?�'.!` a rt'a y. . S, N t it._4M!-- `t. - tir - r r. ,ii ti a ./Ct%✓ M..:, t• ,y', y ! - ,}{� }4 y '!- L �� &,�Steph n iBrown, for rEagle rPartners L' C, t4 "? . , �., , tr t" ]<; r4r ,N t r to , �' , . . c t . r .; :�, rs r• o. { lr, T'a;.r ,•7 t,. y„R iY r 4, la - rr i!° -, y, J, ,• ar j i` .fix', v}`- i,$y; r1 t,., - } k1_.Y rvL •t , : yy i►' ' {(,, '� �L- , w ; v it +,0• R . ter t: S� t y i `. ]� ♦ Z J :�'}.'H ,t , 1. ✓ 1 i. 4.+< '� i. r 'r Y '.�' N ;Yt t d yll f; Jk,1 t;` _.1 '• ts! t s >:,t 'a t K' 1 } t ts,r• - , t 7 ♦i p ,-'I, ,i ]% 1 S. f r< „ �Y l �S c t- S , QS.r !r. i .,r .,,• i,,, .i < t ., ri,'' / ! T."t� ,` t n; t ,;i. , tSl7tt i'� ♦ ",.C".,_" ,4 l., 1"•ti+�,r�RiJ'F .' rrW�,-l•Qf,r.e, r'7 �:�SS •r-tf q✓ Ater y _'«. t -t• t f. ♦i� 'tJ ... j Gr aa- -,�11. , a' :1x+7 Lt�1 J. J4 ,.. ' ,,'<•� <i ~ i C ,. t�►t'` X rC^AT"' �'f „`Lr j1it. t t..;�C`l.<< i':. t� _F. rSR - , , , :,.; ; J, i Z ; T ,. t {tr 3,'t r' Ai,: I w • +� }l,'r^w<s....,ra a - a. _til • _ z '+ •r ur r+r^ r• S . .`.ti __ ,:)'_, r. TV } , 8+.✓i a,� ,"t •f .e i r r: 14r { r: f y- -', ..t .� o + r`L,, , > �r',r 3 ,., W! a "" C tW, 4 t -t.,. e r 1 t^ t� t`yry .s, -S,, , yq.?.S�,t t.y ;{ <4 :.:..K.ti. n ��'Srr .� ,'t, lv-i. %: �?'S J.r•t 1 !7„i• f 'Sy`i" It -.. -r--,;1- e l S l� - •�t n % i` 2 f""1't !� 'r+,` ss,� v w 3. r., i tl[, a 3.1- a^r r r , � � "• ur rS,,, t �a,�; r�. t 1, ry j, x` 4 }a yirh't+t ti L Y _;,Z, , r, f� k X ,•.. tib} * 'sit,.,, z> lti r Jsr� a i! >ra . S C rtet { N ✓`t' r'?,,r7 �• ✓ , •<� ti ,,,�0 +t �S'4... k` . ,. • 'Sy f{(:_,y.'b .`}. rc . < M• ..r+ 0 •af; ��'t'' } to r tis f} r; arF rJl. y r',I,; C.t, - {, r" j. 't r i S- c fi�• Y +j t 7� , 1_1. � + tp ` s� tf* l` . h f r r h� -Ia v tr :r{ w i a r ��' f ,ani Lti� r 1a{ i` f � �L t ' li r , r.it t' S .i ," , t, r • , t j �SS,Jy a � i <t Z rr 1 r.. ♦ ♦ . t 1. 5 S H +C +{ , ,i t •. r,, ,r^' J� el •r.t 4+ T K j. r 1 a S ,t - + ' } -' 1 1 r Y�I ,. 4 +'� '. G r,, t J ]�r f M. 1 .,t-, / t `•� 1 i. ''�. Y i;'� L'v t%t°k�.+ SS., t r t ,wt 1.. t ,, Y r , r; i � J eti .�' d y r . ds� T 1. , Y %Yt rt i t1 .r :1.,ry ,. Ir ljr <✓ YF•r. t�:� , , t J.l+} Z S� , 't C 1 'i�f• r 7 i �� W . , t•:,,y7 C'�r .!' t Y., 1 U ,i l.. n :iYM ttr 4 L.is "�/. it'1 �,�.i f. ;arf' "'� t.., 5 i. gf•e..- ' i, 4t1- } 41.t;+ 1' Jr ts• i '''>n 'y S ' J•t L,tt"].]'tt, n_r.<ar if 1t'i<,5i c- r"� =}''i t t}, f tt { '4t f. h''"r1nz. a,;T•. ,,.. . ' •y Y, _ s .'r' ,i.-„}',rfti.a.�s •r- �s:i t } i y:t ] y,?. ,` ,[G ,.r 3 t„%. r; t t1, 1 .t ,* �.t`''.r 4 �ti 'if, - "`. `+ G i.' t i..r •s S'' It rt �” , " r, `I 1. f�',,1 Jif . J ,,, f.,"'a}a K , t }t w"' ^r, 1, Ij° r '2, ry f a R` -' t r, vI ,y,.,` . -.ti. ,P• itsr' ,eS•f,, �'�s .t xti. 7 `J v <y 4 i -i j r h.9 t,y,4.�:. far i r C r �l -r'yL J tr�•J t•'1 -,•f .; .. `J'�,1 b .y7,..*'•S�•rJ2, ,' ry,�i's .! .,,i . ; Y,t�r k =.s-�i`'•t �y..r• ^,-+, 7i• , fj 17 =.t• 1- -� + e. vk3b pZt.�+tit •, �.r ,ii,t.., n`sJ. §� r 3" 1 t _.J r. il.^< r 'r: .,..,.hey -r JrJt J•1 x.77. ,. 4'j rj,XFrt �� _ '•� „^.:, 3. y'%. !'4 %,] ;?'tr�ti, ''`�iy "i ��5p titer ,f;;ia'+teJ t �`i k L. �,�.1 titY ..4IP••f �.�r�, yrYSi �ri:"�f,3 `• '.'ttiCr� - il. ti�Y: ti�tiv J� r+t7L el it =i •r, L. ,. :j.a 'e •r,� ♦ `,i _ ,J,,*•:� "Srt�i' p. tt+. t'.{'/ir y� _`' rl :"iC _^a r 1 +JiKr'"%'✓ .ir,'3ti,� y jt,• S , i Cty t rlJ�•F t - i °<5 f -i % t. .y �ar.xfi 4 k +..iiY <t t }a + .x� y. a .r; s` y J a- 7 Yr tti'r hif i K s t i}, y. < --� -a, y. 91r �l}t t ;� f',Ir��`L"Ll , r J.1`.�A�Y ,r .„iJi 4 a �'a Ort .. 4,r'� M i• 71 I "" r `'' �j ..1 i(l r''r „4 ,.;. i•t t ii•: -d K%,+ ,v+J t.•4t Y. ,;.,. �•< ,yfJL-; . 1 t, ..•..Y r? vtT-i..,+. ..Ir: z.° y r 4 's t }_ s r ej C�•+,i .`J,'1?'t ,'7' 1a <:'}...f},'`���}: ii-�.j ,.• ,F .l l vt.`' t �y� �•,v�' ,,r -Jr t .n + et1,� . }r 't 7T t. y.� �+ 1L'� i r - . - _ ,t}yi , s£�•'t{ �'.2tiF't-�,>Z. .�i r`\.a}e ^-, �' t:2 -f ' v.7 L , , -.°. *a ; `^a ,�::. •:i>��s' r� r`! Ll �' v i`.+ti 7>:•ia3alt �.."a' e� :,'31t� �tit'� ,.. ,.I .- .`` 'S;yt. /rhai7,_r'r.,'4y',i= t. C''r p j5.y, Vh,17 ♦,r _., ti:t-L..L .+iL ,>: '<+Jfa?:,`.,, ti +, •^,r'J'=-a, Yi`r..21 Nt . Z J; a < k fi $<•. Sy „� 7 t' �4t # 1e t �. i - {v S' S rasps l y s :ti> ] - `9 I r t �" dtC^. i ,1y>`, F V �t it ( 4 � 7��. • f Stj �Lv •yr. <+i i C .sty tV rw +r �J•+, tt. �•,t ,W,` .. k., 'V,+tj r/4,irw . ri's {-y,;, /5y, t .7 Z ?' J1� , J :G,< t 't,. t f -i•C•�� r_..i * :`l ..r 'S�1t na'L �.. lr,'t4,•h 'i'ie J` ,nrN 'R ', J < l t,r+ r;J t<, V f .•,i • t ri' .,. .. -` `i/ . � wa r t ,. t frMt < f Syya + . C S + tt i ] ias r 1 :thy „t a r? , � > + ry}a.. 1 t� tit f. "'y4y:� T .,aT.f rpt li-, t;<'SibrS.aL7�h .'C�YL'`,r1tt �. + Y t}�.a i1 )oaf-• sYr r-� +t, a t �-^+. 1 .. i>,.t, x�o C1r J, 4Y" ti > n t +• �• I t. ' f{l:C ;�''y(. i';�'�%rp..,,�`"�Cwyi r'F r J l -.,r •JT7'- ! �'`�r Jf - �7 7t �� i,.' 'xX K,CT `a Y-1 ;t-4 S.. ".t" 'f tr i ,- r,,, aL} t ,r,t.+t �1 e.,✓•r 4 t lr t 2T , ay.} 5 . i J..s,_- ,r a�..• s v... a{' '�� -r. 1]=% ✓ <t•' t '''. -}" .lei. r .,3`•A .j .� t}yn'J .>� ,�ri . . t va. a KJ i s a i .•a4 �` t' Yv'1 <,S'Y ff J.. ). ,G, ,Z_ ,, r t .Jr �{.. •Y �(, ♦ T n„t r 6i.p { .z *} i t t �,., rev✓. i C. ?'•r ii, :'. ..�' lU.,Cti� - a w Yk'< . ^4_' 'r-e�'` �-:teJ . •x�..�,' r,�' i i' �7�ti�•'. 't h Lti }r .rl.> '<<1. . ':4, '1 _ 4 I ..o i.. �,.. r' ��•t. 'r't-i+ �,.,, hJ•' j"., 'I '1'y�r•+:`�,'ttSi'�,•v•ArtlLZ "+,F,!^^""'t";7z�,rt1 'pr.i'�..,, ttir s 'r,'4J -t.. .ra ,"'. - .r r t'•' „ {+ f - t. •h• 2, tt s.+. I 6113% J ^/: 4:fai r ..+1 r , C. •�7i`.yea� J+ a i}n w+kr.,-,...I . '.,:+ "�'`t �tif+ ti tr'ri,, Y'r7�r}' a •S -Y r' -K .,r+Y % .* i ;, ;c ^, ti J., a ♦ }. ,� a}+ !.t a`. I .. .R i. . [ �� i�z ht ` Y ,<,rt> r. .i' 'fi. •+rh '�', r,.f s } �S } rr: i; ,j� -•r. Y. rr ;:I.,r+Tr,t; >•iir •tt.�'S a #q ; :•tc.. Cr+ K•l tt�v xr>+ c.{�r T',,. f z ft J `t. :: ♦ t.' P'raG r JJ tjjr•�r , `S<'� r•.r C•i- -I 'S ..iz•"L�.?.f Ni. x., l t` ♦. t. ,. r+ , 1` +•:� Y }7••,i�y i.,r I. ;;i4tyxf.�2• �,;y,•.i:�- �:..�i- ,,tM�,`�; .F f�J',+y,�,,.+�'�r'` �'"' N•` 1 `V .0 -II -11 ria, ' aj4" i ' ` ,! w y. s>ti* ?`c hi'ri r 'O, ' " .1 '� 4. i , � .,,4 . �+ T ,. rte, r ';r t f '? ;' i' r tfr� t ,: �' c '} L n: : iwr,ie>f 74�< 4 f',Y :f )�ti f t r;?+i. ,j.. ,,f•�� Z; 2 S is trot Y [ arc { h r .. �`J �. °, :: ,<• t ?r�+,t`•t"♦..! �� �,,.1tr iY:" wr..r��� 4v # M[ .;'-i•.rt� •s'} S +¢' t5, <,. 1, �C i ,/ tr�y,�i i`"i .. f t• f iy'! ,,�•S• `�,y .,}� 4, ;, ttt t yS tj iy s 4 •..a < :. t."f+fL. J.i r " i, tr rte `.r? i y .t� 12-4I,r is + K �.i Jjf itrt. a `� A, r. M. r.,+,;`7.. 1t....��u,i- �,i- ♦ij",1.r,,.aa`, i` JS � ^•;tit cC ,i . x, ° �' �''+ , •i.{� �� r1„ l) ..t t [f 'y., , N Y.'4 7: f r e r t - tS1 ^l ,° ti r7•Y }y -til r}r t ; , .! .. rl y+: i r -4: y tj ♦ •.�" 4.. ;r l r`4 �+.,r 3 t'ri $."�'1;.� :4-�:. , �,..t�"'J�:.rl''s�: a'7 it s'fi '.s. ,H . ` -i ; r 'k-,.f•ti rl t. #rip ., �.a` Yt•. to i r �• rt :e, '�`tr '1 sa t 11 ti 1: �. : - `I Y:ry r r �r,r#t .ire +.�r4tE �;'� is ti S 1 r+ y �+� rtt ; rtt' f'r1py ,i'7 ' <, .,t v 1 'R•S �i'♦�", C i4r �. F ♦ t• f fi yt .t, 4z•, z' t »'•', j r �.i, t,;-., t Y. %,%'1_ . .E ISt,+>:F�.r4 '.+,� .etu'- ,; fI� 1 „a k Sit J y,'1,` rte: 4. jv.. 1•�•e 1i 1, k •�•,r,} j�. r „Y 7 I. ,f �' $-- .... t� } `1n aid j+ �t..�{ti,"'t�,,•jri 4 1t - `4 t - .t. -.,if Cd' jiy K. 4r+t'']a' ,. fir' -A i lel i1 . d a, ?t4Y , ivr,t.. tii :4 al[t1,� � .. .t^ .�, ^'I. �!� �, y _ ?r �.•`.. _. % t"_ r� �',1 r, Cer. ,, dt .G t •Fr b+.•.t ` ,t'ir,)'-�-,-"•.T7 rT'. ,kv "s� t. r.S ,. d"2. R ,i { '�.r t '. 1.. iZ t'{ ♦ > r �.,.-Rt , `1. 3 y .r� r rt ,. -irL - Sfr ,t•i�,t 40 [� 4 •> k "F;c� ��i'+f • t " y L � , " r, '"' r}' . ; ,t ._t , 1. J' t, r :'.� •; ,vS•:G.• ;`t: ,. :3r i='i{k" r'i'^..; S � ,t ol.i! ;t- ,� . rt4G.�r . Y 2',. , 'ty r`t.';, t'La "'t:,G 1:,,ti1'`„ r ,.- a 5, , -`, Y+,r'T`f l� •t• �g���re,•}.,t.=.,xr tit •,t r' +t,, y } J .�•'. �f�7 ♦ �•: , t: • r ltrv�'� - ✓4 ;./..!'r,. ]fR 1va� : -1 K.t. 4'� ,p S . deli, Sad , ;r,,,f }x y' i °<, 4i ) r*; , A.G a l t' `� . M .y, 41 ,., -jays j. 7 `:,... ! =•�. r. o-fi 1,t 'r .�. rt { r, K - Zir �.J V -Ir, 7 r h `tkf7 �+>v^! • 1 4 - ;r r+ y Y,r j ' , ' . t ! ,G Sc d•r i.3 i `�S �•..` } 4 ,kv<a � "+ ate".t >, i• + .rt, 1 r lti',ti i G iY.r 1 r? i i? Jti t, r si"�. j 1 `,r, ., .,. 1 „rte t*.-•► •[ i n 4.�'" ;ik`Sq F `!`': .;,� `.. st �v. .,.` '. a. a,�.r+.t S- i .� t....1 rti ,.Lr.} e IK -111%, . .y'Y ir; *1 ....,-, 4 &7 '�+' S.a •rY ` � � 7;r�,s..� . t!r,t• 1.�t l `- i- ^};�.•.,.: �.i,,'} ..;, .: ^i, �,4:Y�t `+J',•_ '3r _, �• :-f.� {,,, �:+ 1 �` V. ti'� l•r-i Im"'i ;+ , a@-, `%.•]1, Y. a ':i 4♦. t•l +A I' fir: Y•r f�:'i M^•,r F ��S,f ,y }i .r,:: r, iA- 1. + �r y�•Yr� �t��, ��'.•�`,;'R,,' ,'P '"y,7{ •�3j:n�-/}•ts" ✓r {tFY+! 7 r' „c.- .I'. rY�.aat�:+✓-!.!t_.1 t'r=Ji.•r.1'i ;•sitar•,: �i`;�S; Y •F�rt•.tf,1•ni,.,.. ,, ti' �L �*7 ti«s 1 •.`; .-- _* yyY'•,Y,M, lt.,t s'`J,.}', �1.A �j;r\f`r_ " +,S 5C:G�', t r.; a+. "•"7r:i�•,�.' k aat^n.'r`.'[,y:.,f,;i.:'1,,,tr :1f,,, t_ '! Z•-fitt'+, -4 Sri' % n•• a\' •4 f, t '•ir .t�]..Yi: ";.�� 7e' 1 1, _ �i t�.�• r. t iSz T27} ".,lf - �`.r, x %..S k , r t r ?"t. , ,'. Lr ,rx I< i • ,'3L'i";fi ,r S •C' st rn r t . .%'-!, ' aSlf , �: k rS• , - 3, r ; n t�K yt }t r 'Ti 3 i yt t,: r +'i -_ a +n- 1 r., t }i., r `` f{Y '; lr. l 1 S ,{iJ a !"r•r4_ ` a . +T M .. t",•ri J•tt+'iiry.,,,,'y,Y.1.>7r;'-., ♦ 3t .•j.L , "fr -r; ,:'J , .f': ''• ,b�'t, `tr`, tf % �r'7 -{✓r'.`rtr i T` r 4 "[•'� - .,Y�''�._t•Pt�!'t+c',M ��'r�b ti'C {•et "':S':-t'itr#i'k;'�tr :}. 4 as rJ�; i' • - •rt a+ -�,,. ,,.., '' t tr 4. L-.Y� i Mr t '� tl-w • t �f. •�((. Y,.�� 'lly •i r"�.Yti^"�[,•'sa ' Y •4rr,<+S Y .tis sr ..,yir t�tz Y sL 4 ✓ ,Jti.-..s r� hs •frrrld t. +� 4 s+ t t - 4!i': ,Y<! r .%i., r, ,;, r_ .% .A.. 1.-ZL •A, :..iGtR.L %� 1il. e, }" ! it•?�a1t:-7 J-, 1 r �. w .+ '�'' 97 13:43 FR CITY OF MERIDIAN 208 687 4813 TO 3368380 P.02/04± 4 . 1e RGA fn ees - SU /70 t?es "Parcel", "Owner", "dntrctbizyr", "OWnaddl""`, "Ownadd2'_."Ownadd3"; "6wnadd4, "Own:Last'.' "Propadd" R5`f9150,0230 R5791500225> IDAHO TRANSPORTATION BOARD ARTIACH`JOSEJM GLENDA HILDEBRANDT 1025 -EMERALD ST, SUITE A BOISE ID ;83704=8657 :t.. 340 S,.EAGLE RD,. 390 S ,EAGLE RD 85791600210 RICHEY VIRGIL C ET UX 365 MONTVUE MERIDIAN"ID 83642 S1116233802 ST-LUKES REGIONAL MEDICAL CENTER LTD 190 E .BANNOCK ;ST BOISE ID 83712-6241 O" N ` EAGLE RD R3273160270 BUTTERFIELD 1993 REV TRUST BUTTERFIELD D H & J L TRSTEES 2833 E . - AUTUMN WAY MERIDIAN.ID 83642-6236 .s 83273160265 TAYLOR R DANIEL & ANGELA 1• 2865 AUTUMN WAY MERIDIAN ID 83642-6236 R - R3273160145 i VAUGHN PATRICK B & JANEICE H 1026 PACIFIC GROVE IN APT #1 PACIFIC GROVE CA 93950-3863 2901 E AUTUMN WAY 83273160165 BRITTON RICHARD D & BETTY A 3038 AUTUMN WAY MERIDIAN ID 83642-6238 A, - 83273160170 KONOPACKY RICHARD C & LISA M 3044 AUTUMN WAY MERIDIAN ID 83642-6238 R3273160180, DIAMOND BRYAN & SHERMAN BEVERLY D 3134 AUTUMN WAY'S MERIDIAN ID 83642-5239 itslrl3lEiUld COKER -CHARLES L & JERRY A TRST CUBER IC L%&.J A,00 -TRUSTEES k 3158 AUTUMN WAY)- MERID.T.ni� ID 83uz2-6239 83273160192 WILLIAMSON,LLOYD'J & LANA J 3182 _~AUTUMN , WAY: , MERIDIAN ID 83642-6239 R3273160155 MAZZI DONALD P *" 2976 ,AUTUMN WAY MERIDIAN ID 83642-6237 t %,%) 83273160160 TODD GARY G & KATHLEEN ANN 3020 --AUTUMN WAY MERIDIAN ID,83642-6238 R327316 0175- HARTLEY TODD S & NANCY A 3050 AUTUMN WAY MERIDIAN ID 83642-6238, 83273160260 REED KENNETH W 2869 AUTUMN WAY MERIDIAN ID 83642-6236 R3273160150 FRISK TERRY L & BARBARA J 2928 AUTUMN WAY MERIDIAN ID 63642-6237 R3213160202 GREENHILL ESTATES SUB. NO. 3 WATER CORP 2894 SPRINGWOOD DR MERIDIAN ID 83642-6262 0 EAGLE R3273160255 FOLEY HOWARD R & TERESA L 2875 AUTUMN WAY MERIDIAN ID 83642-6236 83273160205 CHRISTENSEN SHERON G & COLLEEN C REVOCABLE TRUST 3157 AUTUMN WAY MERIDIAN ID 83642-6239 83273160210 r WILLIAMS RICHARD C & CHEROL A 3133 AUTUMN WAY MERIDIAN ID 83642-6239 DEC 08 '97 13:43 FR CITY OF MERIDIAN R3273160250 NIELSEN WADE C & SHANNON C 2881 AUTUMN WAY MERIDIAN ID 83642-6236 83273160245 BROWN ROBERT P & PHYLLIS H 2927 AUTUMN WAY MERIDIAN ID 83642-6237 R3273160240 SEGER RICHARD S JR & MARTHA K 2951 AUTUMN WAY MERIDIAN ID 83642-6237 ,83273160235 CHALFANT DONALD H AND ATAMAN JANA L 2975 E AUTUMN WAY MERIDIAN ID 83642-6237 R3273160230 NIELSON DE4NIS E & JOAN M 3019 E AUTUMN WAY MERIDIAN ID 83642-6238 83273160225 HOREL CHARLES D & MARY KAY 3043 E AUTUMN 'WAY MERIDIAN ID 83642-6238 R3273160220 BOWEN MARK A & ANN T 3067 AUTUMN WAY MERIDIAN ID 83642-6238 R3273160215 TRUAX RODNEY D & KRIS A 3091 AUTUMN WAY MERIDIAN ID 83642-6238 83273160195 GREENHILL ESTATES SUB NO 3 WATER CORP 3137 SPRINGWOOD BOISE ID 83642 0 EAGLE 85443010060 LOREE PAUL M & MARGARET E 2510 MAGIC VIEW CIR MERIDIAN ID 83642-6242 85443010040 HOWELL RICHARD D & JUNE 2750 MAGIC VIEW DR MERIDIAN ID 83642-6244 208 887 4813 TO 3368380 0 85443010050 POPP BEULAH 0 2662 E MAGIC VIEW DR MERIDIAN ID 83642-6243 85443010030 HANKS HARVARD D & GENEVA J 2930 E MAGIC VIEW DR MERIDIAN ID 83642-6246 R5443010020 MOORE RICHARD L & BARBARA L 3050 E MAGIC VIEW DR MERIDIAN ID 83642-6247 P.03/04 R5443010012 ` EAGLE PARTNERS L L C 1221 SHORELINE LN, SUITE ¢#102 BOISE ID 83702 603 N EAGLE RD 85443010070 PEARCEY DAVID S & BETTE K 675 WELLS ST MERIDIAN ID 83642-6249 85443010080 GIRDNER PAUL K & KAY C PO BOX 190749 BOISE ID 83719-0749 2727 E MAGIC VIEW DR R5443010090 BARNES ROBERT B & KATHLEEN E 2855 E MAGIC VIEW DR MERIDIAN ID 83642-6245 85443010100 WORDEN RANDY JOSEPH & LINNEA ROSE 621 S ALLEN ST MERIDIAN ID 83642-6255 85443010114 JACKSONS FOOD STORES INC PO BOX 488 3500 COMMERCIAL CT MERIDIAN ID 83680-0488 625 N EAGLE RD 85443010220 ROBINSON BONNIE J AND HAMBLEY JUDY A 715 S WELLS ST MERIDIAN ID 83642-6249 0 DEC 08 '97 13:43 FR CITY OF MERIDIAN • R544:3U1U1ZL POST, JAMES A PO BOX 1290 OLDSMAR FL 3407-0023 0 N EAGLE RD R544301U234 R544301624'9 WELLS DAVID W & M' MAX'.INE 985 E FREEWAY DR MERIDIAN ID 83642-6258 0 E FREEWAY DR 85443010154 WARD GLENN JR &.LOIS_M 8'75 ALLEN ST MERIDIAN ID 83642-6255 R5443010133 OLSEN BRUCE & SHARYN AND MESSERSMITH INC 3139 E 3400 N TWIN FALLS ID 83301-0323 0 N EAGLE RD R5443010200 BUCKERT WANDA 971 S WELLS CIR MERIDIAN ID 83642-6253 R5443010210 MIDDLETON ROBERT L & VONA K 955 S WELLS ST MERIDIAN ID 83642 85443010170 R5443010160 DRAPER WESLEY A & ELMA R 942 S WELLS ST MERIDIAN ID 83642 0 S WELLS ST R5443010180 FUHRMAN JAMES A & DIANE C 1737 E SUMMERFALLS DR, MERIDIAN ID 83642-5580 0 S WELLS ST R5443010192 S & F ENTERPRISES 192 SUN BURST WAY BOISE ID 83709-0675 1151 S WELLS ST 208,887 4813 TO 3368380 0 F ** TOTAL PAGE.04 ** -v-BRS ARCHITE' 111 -, - 087 W. -Riv6r St.' S li6o j BOISE, IDAHO 831.70 401 4 '336 DATE JOB NO(208) (209)-8370 12/10/,97 964,6-,(' FAX (208)'336:8380, ATTENTION TO City. , ofMeridian Stiles -t-:. Shari ------------------- ............ ---------------------------------- -------------------------------------- ------------ _R E: iEagle, Roa'd and Magic Vie�q. Dftve --------------------------------------------------- _------_ % .............. ........ .. ...... ............ .............. ...... ...... .......... ...... Eagle7Partners ............... 4 '' 'WE ARE SENDING YOU -XXAttached El Under separate cover via del vered. -1 the following items: Ry > El Shop drawings' 0'Prints., El Plans 0 Samples b §Pecifications El Copy of letter El Changdbrder COPIES DATE NO. 'DESCRIPTION Jll -4Annexation-and Rezoh6• Application and -submittal package Application and mailing -fee (check Y' for- $627:100 -Cohditiohal'-Use;Application and .submittal .,package kpplicatidii, , and, mAiling-fee (check) for, $4`42:00 At V1. v THESE ARE TRANSMITTED as checked below:. El For approval El Approved as submitted 0 Resubmit copies for approval bE For your use', F-1 Approved as 6biea `0, -Submit copies for distributiW % _7 > - c 0, As, requested 0 Returneflor corrections 11 Retbrn,-corrected pririts" 4 % El, For review and comment p- - - - - - 0,FOR BIDS DUE 16, El PRINTS RETURNED AFTER LOAN TO -US REMARKS J COPYTO EaglePartners,- LLC SIGNED.. Roger Foster/dw , If enclosures are not as noted, kindly notify us at once Meridian City Council Meeting ` October 20, 1998 Page 9 Corrie: I think you have a copy attached to your packet. Rountree: Just need a number. Corrie: If the audience is wondering what we're doing up here, we're waiting for the City Clerk to give us a resolution number. There he is. Rountree: Let's start at 200. Corrie: Okay resolution number 200 is a resolution of the City Council of.the City of Meridian stating for certain findings and purposes authorizing the Mayor to enter into on behalf of said municipality an agreement entitled development agreement dated this 6th day of October, 1998 be and between the City of Meridian and Eagle Partners LLC. Bentley: Mr. Mayor I move we approve resolution number 200, authorize the Mayor to sign and the Clerk to attest. Rountree: Second. Corrie: Motion made by Mr. Bentley second by Mr. Rountree to authorize the resolution #200 signed by the Mayor and attested by the City Clerk. ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, abstain. MOTION CARRIED: 3 ayes, 1 abstain. ITEM NO. 8: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT BY, GLE PARTNERS-- NORTHWEST CORNER OF EAGLE ROAD AND MAGIC VIEW: Corrie: Council you have the conditional use permit Findings of Fact and Conclusions of Law by the Planning and Zoning Commission. Any comments, discussions? Rountree: I guess I just have a process question for Mr. Gigray. We're seeing some things in different formats these days and this is a format that I don't think any of us are familiar with. It starts out as a Findings of Fact and Conclusions of Law and Order of Decision in reference to the statement on the last page it refers to this Order and Decision. Page 29. Gigray: That can be changed. Rountree: One and the same or should it be of? Meridian City Council Meeting October 20, 1998 Page 10 Gigray: I think to be consistent, that's a good observation. That could be "of'. Rountree: Okay. I have this dated 10/19. That's the only question I had on the format of it. Gigray: Mr. Mayor I didn't know whether or not Councilman Rountree just wanted a little explanation as to the format. Rountree: I think that would be helpful. It's self explanatory other than the last page didn't seem to be consistent with the first pages and they are now. Gigray: The idea of this obviously with the Order of Decision is that there is a based on your Findings of Fact and Conclusions of Law and what you've been doing and for the cause you find. We've pull this off as a Order of Decision and as a conditional use permit and then it can be retrofitted just so that when the conditional use permit is out there, this is the, permit itself. Corrie: Any further discussion? Rountree: I have none. Mr. Mayor on the Order of Decision, I make a motion that the City Council hereby adopts and approves this Order of Decision. Anderson: Second. Corrie: Motion made by Mr. Rountree second by Mr. Anderson to the City Council to adopt and approve the Order of Decision. Any further discussion? All'those in favor of the vote say aye. I'm sorry, roll call. ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, abstain. MOTION CARRIED: 3 aye, 1 abstain. ITEM NO. 12: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED WHITESTONE ESTATES NO. 3 BY WHITESTONE PARTNERSHIP — WEST OF LINDER AND SOUTH OF FRANKLIN. Corrie: At this time I'll open the public hearing and request the developer to start first. CHARLES EDDY 1295 S., EAGLETLAT WAY, BOISE WAS SWORN BY THE CITY ATTORNEY. Eddy: Good evening, this is a conclusion to the Whitestone Estates Subdivision which was master planned to extend down to Waltman Lane. However since the time of the MERIDIAN CITY COUNCIL MEETING: OCTOBER 20,199 APPLICANT: EAGLE PARTNERS ITEM NUMBER: 8 REQUEST: CONDITIONAL USE PERMIT — NORTHWEST CORNER OF EAGLE Sz MAGIC VIEW AGENCY COMMENTS CITY CLERK: NO INFORMATION SUBMITTED CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF EAGLE PARTNERS LLC, 603 SOUTH EAGLE ROAD, THE APPLICATION FOR CONDITIONAL USE PERMIT, NORTHWEST CORNER OF EAGLE ROAD AND MAGIC VIEW DRIVE, MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION The above entitled conditional use permit application having come on for public hearing on July 21, 1998, at the hour of 7:00 o'clock p.m., the Applicant's Representative, having appeared and numerous other witnesses having testified and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Order of Decision: FINDINGS OF FACT 1. The notice of public hearing on the application for conditional use permit was published for two (2) consecutive weeks prior to said public hearing scheduled for July 21, 1998, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within 300 feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were Y made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC July 21, 1998, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6512(b) and 67-6511, and §§ 11-2-418E and 11-2-416E F, Municipal Code of the City of Meridian. 3. The City Council has received the Findings of Fact and Conclusions of Law Decision and Recommendation of the Planning and Zoning Commission issued as a result of two public hearings held by said Commission on April 14, 1998 and on June 9, 1998. 4. The City Council takes judicial notice' of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629 — January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 5. The property which is the subject to this application for conditional use permit is described as follows: A parcel of land situated in the Northeast quarter of Section 17 and the Southwest quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; and including Lot 1, as shown on "Amended Magic View Subdivision", Ada County, Idaho; and including the land between said Lot 1 and the Eastwardly extension of the Northerly and Southerly lines of said Lot 1, to the Easterly right of way of Eagle Road (aka., State Highway 55) and including land currently part of the .road right of ways for Eagle Road (aka., State Highway 55) and Magic View Drive and more particularly described as follows: Commencing at the common quarter corner of Sections 16 and 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and thence along the common section line, North 00022'18" West a distance of 749.74 feet to a point FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC 0 • being the intersection of the centerline of Magic View Drive and the Section line common to Sections 16 and 17, said point being the point of beginning; Thence North 89038'27" East a distance of 43.62 feet to a point on the Easterly right of way of Eagle Road; Thence along the right of way on a curve to the right having a delta of 2018'53", radius of 5,659.58 feet, length of 228.64 feet and a long chord of 228.63 and bearing North 2°31'57" East to a point of reverse curvature; Thence continuing along the Eagle Road right of way on a curve to the left having a delta of 3026'18", radius of 5,799.58 feet, length of 348.03 feet and a long chord of 347.98 and bearing North 1058'58" East to the point of intersection with the Easterly extension of the Northerly line of said Lot 1; Thence along the extension of and the Northerly line of said Lot 1 North 89057'05" West a distance of 461.04 feet to the Northwest corner of said Lot 1; Thence South 0006'25" East along the Westerly lot line of said Lot 1 a distance of 579.31 feet to a point on the centerline of Magic View Drive; Thence along the centerline of Magic View Drive North 89138'27" East a distance of 394.28 feet to the point of beginning. Parcel contains 5.980 acres. 6. The property is located adjacent and to the west of Eagle Road and to the north of Magic View Drive. 7. The property is located at 603 South Eagle Road. 8. The Applicant is the record owner of the property and has filed a written request for conditional use permit. 9. The property was zoned by Ada County as Rural Transition (RT), and is primarily vacant and unused. 10. The Applicant requests the property be zoned (C -G), General Retail and Service Commercial. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC 0 11. The City Council takes judicial notice of the fact that since the hearing of this matter it has annexed the 'subject property and zoned it (C -G) General Retail and Service Commercial. 12. The Applicant has requested the conditional use permit, and the application was not initiated at the request of the City of Meridian. 13. The site of the subject property lies adjacent and to the south of the Greenhills Estates No. 3 Subdivision and borders Lots 1, 3, 4 and part of Lot 5 in said subdivision and is kitty corner and to the southwest of the Mountain View Subdivision. The site is immediately east of the Magic View Subdivision and immediately west of the St. Luke's Regional Medical Center, and is adjacent to Eagle Road and in close proximity to the Eagle Road Interchange with Interstate 1-84. 14. The property to the north and to the northwest of the subject property is developed as residential housing and the property to the east of the subject property is developed as St. Luke's Regional Medical facility and the property to the south has been developed to include the Texaco Convenience Store and gasoline station, and the property to the west is residential. 15. The property which is the subject of this application must be annexed into the City of Meridian and zoned (C -G) General Retail and Service Commercial prior to any final action by the City Council on the granting of a conditional use permit. 16. The entire parcel of the property ,is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. FINDINGS'OF FACT AND CONCLUSIONS OF LAW - Page 4 CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC x 17. The Applicant submitted development plans for the subject real property which are identified as "Chevron/McDonald's and by I.P. Co. Credit Union, Eagle Road and Magic View Drive, Meridian, Idaho, BRS Architects, 5/98, job number 9464 sheet SS -2.1 of site and building data 6/98". 18. The applicant proposes to develop the subject property in the following manner. The northern 108 feet of the subject property to be reserved as a roadway right- of-way and dedicated to the ACHD with the inclusion thereon of a berm in the northern 1/3 of the reserved right-of-way; and adjacent and to the south of the reserved right-of-way a parcel depicted as Parcel B which is depicted as 150 feet in width across the entire subject property which shall be developed wifta credit union building 5,000 square foot in size with a future expansion of additional 2,600 square feet together with parking and landscaping, with a drive-through on the southern side of the proposed building. A parcel depicted as Parcel A is 292 feet in width across the entire subject property to be developed as a McDonald's/Chevron fast food convenience facility with fuel islands including eight pump stations, a vacuum air compressor and hose B/BB, a car wash, trash enclosure, together with the convenient store and associated parking, berming and landscaping as depicted on the site plan. 19. The applicant proposed development and the use is classified in the Zoning Schedule for Use Control in Section 11-2-409(6) Commercial, Automobile Service Station and Automobile Washing Facility and a bank and other financial institutions which are permitted uses in C -G zone. The proposed development also includes a convenience store and drive-in establishments which do require conditional use permit and the applicant FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC proposes a planned development because the development will have more than one principal detached building upon the lot which is prohibited by Municipal Code Section 11- 2-405(G), except for planned developments, and the commercial development requires a , conditional use in a C -G zone by reason of the fact that the proposed development use also includes drive-in establishments and a convenience store. 20. Traffic volume on Eagle Road is quite high and serves as a major interchange and north/south collector with Interstate 1-84. 21. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is .also found to be required to midegate the effects of the proposed use and development upon services delivered by political subdivisions, providing services to the subject real property within the planning jurisdiction of the City of Meridian: 21.1 Applicant shall be responsible to install a water main within the right-of-way of the new street along the north boundary of the proposed site. Location and sizing of the new main should be coordinated with the Meridian Water Department. 21.2 Water service to the proposed site could be to the existing water line installed along the northerly side of Magic View Drive. Developer to provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 21.3 As Assessment fees for water and sewer service are determined during the building plan review process Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC water and sewer mains to their current points. 21.4 In order to assure that the affected and subject area will be served adequately by essential public facilities and services the pretreatment required and addressed on the building permit application redlines for obtaining City sewer service, which is required. 21.5 In compliance 'with the requirements of the Central District Health for approval of appropriate proposal for central sewage and central water, as well as approval for plans for food establishments. 21.6 Sanitary Sewer service to the proposed site could be to the existing line installed in Magic View Drive directly adjacent to the south. 21.7 The treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated. Approval of development to be contingent upon City's treatment plant ability to accept the additional sanitary sewage generated by this proposed development. 21.8 The Applicant shall be required to connect the property to Meridian water and sewer and extend the water and sewer lines to serve the property, and resolve how the water and sewer mains will serve the property, all of which shall be at the Applicant's, or its successor's, or successors' cost and expense. Said water and sewer requirements shall be performed on or before the time that the Applicant or its successor, or successors desire to use the property or place a user on the property. 21.9 Any existing irrigation/drainage ditches crossing the property to be included in the project are to be tiled per City Ordinance 11-9-605.M. The ditches which are to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department with no variances for tiling of any ditches crossing this project. 21.10 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 21.11 A Land Use Change/Site Development application shall be filed for review with the Nampa & Meridian Irrigation District with all laterals and wasteways affected to be protected. Municipal surface drainage must be retained on site. Any surface drainage leaving the site must be approved by the Nampa FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC & Meridian Irrigation District in accordance with their drainage plans. The Developer must comply with Idaho Code 31-3805. 21.12 The stormwater run-off will be managed with appropriate Best Management Practice. 21.13 Pressurized irrigation shall be installed and constructed. 21.14 Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 21.15 Any existing domestic wells and/or septic systems within the project will have to be removed from their domestic service per City Ordinance Section 5-7- 517. Wells may be used for non-domestic purposes such as landscape irrigation. 21.16 All ditches, canals, and waterways shall be tiled as a condition of annexation. 21.17 The proposed roadway north of the proposed Idaho Power Credit Union needs to be dedicated as a public roadway with a stub to the west. Future development in this area will need to have proper access to the traffic signal. Applicant shall be responsible to install a water main within the right-of-way of the new street along the north boundary of the proposed site. Location and sizing of the new main should be coordinated with the Meridian Water Department. 21.18 Developer comply with the State of Idaho Transportation Departments requests that a full control area is necessary to maintain adequate traffic operations on Eagle Road and in the`vicinity of Interstate 1-84 interchange. 21.19 All development approach locations shall be in accordance with the requirements of the,State of Idaho Transportation Department. 21.20 Roadway and roadway approaches to be approved by the ACRD. 21.21 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 21.22 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4. and 11-2-414.D.5. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities FINDINGS OF FACT AND CONCLUSIONS OF LAW _ Page 8 CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC (ADA) requirements. 21.23 No signage details were submitted. Detailed signage plans must be included as part of this application for review and approval. 21.24 A developer shall;comply with all life safety codes of the City of Meridian and shall also comply with City code requirements for water supplies, sprinkler systems, as regulated by the Fire Department. 21.25 All construction shall conform to the requirements of the Americans with Disabilities Act. 21.26 A development agreement be required as a condition of annexation setting forth these conditions of development. 21.27 That City water and sewer services and the issuance of an occupancy permit shall not be provided until all of the terms and conditions set forth in this section have been met. 22. It is found that if the developer pays for the requested improvements and the developer complies with the conditions set forth in•these findings of fact no. 21 and I all subparts this will assure that the affected areas and the subject real property will be I served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, and water and sewer. 23. The following hereinafter listed conditions are found to be reasonably ,- required to minimize adverse impact of the proposed conditional use upon other development in the vicinity and to assure that the development is maintained properly: 23.1 To minimize the impact to the neighborhood to the north the applicant shall dedicate to the ACHD a reserved right-of-way on the northern 108 feet of the subject property; further a landscaped berm shall be developed in the northern 35 feet of the reserved right-of-way and which landscaped berm shall be maintained by developer. 23.2 A roadway placed on the northern boundary of the site will also provide potential elimination of future traffic concerns in the area. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC 91 23.3 All speaker drive-throughs to be located on the south side of the McDonald's/Chevron fast food convenience facility. 23.4 All speaker drive-throughs to be located on the south side of the Credit Union facility. 23.5 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs shall be permitted. Submission and approval of all signage plans including but not limited to pole signs, reader boards, banners, etc., and specifically any "golden arches" type signage associated with McDonalds and any outside signage associated with the Chevron Gas Stations. These conditions shall be in addition to the ' requirements of Meridian's sign ordinance. 23.6 The development shall include a 20 foot buffer on the north side of the Credit Union facility and 20 feet of landscaping between the Credit Union and the McDonald's/Chevron fast food convenience facility. 23.7 The development shall include construction of a solid wood fence that runs from the southerly boundary of Magic View north to the 108 foot reserved road right-of-way. 23.8 The Credit Union facility shall operate during normal business hours between 9:00 a.m. to 5:30 p.m. and not open to customers on weekends. 23.9 A minimum of 68 three-inch caliper trees will be required for the paved square footage proposed. 23.10 Particular attention needs to be paid to lighting plans to eliminate as much as is reasonably necessary to eliminate and/or reduce glare to neighboring properties to the north and west, and in accordance with city Ordinance Section 11-2-414D3. 23.11 A minimum of a 35 -foot -wide landscape setback is required adjacent to the right-of-way of Eagle Road. 23.12 Provide five -foot -wide `sidewalks in accordance with City Ordinance Section 11-9-606. B. 23.13 Future development in this area will need to have proper access to the traffic . signal. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC 23.14 A development agreement is required as a condition of annexation to insure that the development considerations herein found reasonable are enforced. 23.15 That City water and sewer services and the issuance of an occupancy permit k shall not be provided until all of the terms and conditions set forth in this section have been met. 24. The proposed uses are designed and are to be constructed to be harmonious in appearance with the character of the general vicinity; that if the conditions I set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; 25. The proposed uses will not be hazardous or disturbing to existing or future neighboring uses if the developer provides and maintains the required berming that is adjacent to the residential neighborhood to the north. Further, the applicant should be required to submit proposals for all lighting and also submit their plans for all types of signage, regardless of type and variety. Further, these conditions should be made requirements of the Development Agreement. The applicant shall be required to enter into a Development Agreement before the annexation and zoning and the conditional use permits are granted; 26. Sewer and water service is available, but the applicant may have to pay additional fees for the use; 27. The use will create additional public costs for the construction of the road through this development. Those costs will be paid for by taxpayers through the Ada County Highway District, however, with the potential of future development in the area the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC 9 costs should not be excessive nor detrimental to the economic welfare of the community; 28. The use will not 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; 29. The use will have vehicular approaches to the property, which as designed will not create an interference with traffic on surrounding public streets; only if the Ada County Highway District Board approves the proposed roadway through this development. This conditional use permit and the accompanying annexation and zoning requests must be contingent upon Ada County approving the roadway through the development; This should also be a condition of the Development Agreement and required to be entered into by the applicant before any approvals are required. 30. The development of the property will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 31. The applicant requested zoning of the subject real property as General Retail and Service Commercial (C -G) is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as commercial. 32. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 33. The development of the property as a (C -G) General Retail and Service Commercial District, as requested by the Applicant, will be compatible to the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC a 0 • development in the surrounding area subject to the conditions of development herein found to be reasonable in relation to the requested zone (C -G) General Retail and Service Commercial Zoning District and is accordance with the Comprehensive Plan of the City of Meridian. 34. There are no major or scenic features of major importance that affect the consideration of this application. 35. The City Council finds that the proposed conditional use permit subject to the conditions herein imposed is also compatible with the Comprehensive Plan of the City of Meridian because: 35.1 The consideration of the provisiorfs of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high-quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. 35.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 4 35.3 The expansion of commercial development is facilitated by the proposed development plan of this application subject to the conditions herein set forth. 35.4 The application is consistent with Meridian's self identity. 35.5 The subject property is designated on the "Meridian Comprehensive Plan Generalized Land Use Map Infrastructure Planning Analysis Comprehensive Plan and Map adopted on December 21, 1993" as Commercial. 35.6 The vicinity of the subject property is designated on the "Meridian Comprehensive Plan Generalized Land Use Map Infrastructure Planning Analysis Comprehensive Plan and Map adopted on December 21, 1993" in the immediate vicinity as commercial and the neighboring area is FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC mixed/planned use development. 35.7 The subject application is relevant to the "Goals of the Comprehensive Plan" as set forth at page 5 there of as follows: a. Meridian's environmental quality is provided for as set forth in the plan by the provisions of,the plan to improve the total natural environment by the adoption by the City of a City-wide and Urban Service Planning Area policies, which deal with area -specific policies and programs. b. The proposed development will be consistent with the goal of supplying employment and economic self-sufficiency for the existing and future residents, of the City and the reduction of the reliance upon Boise and the strengthening of the City's ability to finance and implement public improvements, services and its open space character. c. The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self- sufficient community is achieved by applying the criteria of the Comprehensive plan and the zoning ordinances of the city all, applications such as the subject property. d. The Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ord. No. 629, dated January 4, 1994 also provides, and it is found by, the city council, that this application is consistent with the following provisions thereof on page 15 under Economic Development that with the City's growing population and job base comes the need for increased municipal services and the necessity to improve existing service delf ivery systems. The cost of providing these services presents a fiscal challenge to the City. Meridian can meet this challenge in part by continuing to expand its economic base and creating new job opportunities for citizens. Commercial Activity Centers: Retail, commercial and office development are frequent partners within Commercial Activity Centers. In order to support residential and industrial developments, areas should be set aside as Commercial Activity Centers and their development carefully guided. Various commercial activity centers are designated on the generalized land use map. Planning policies pertaining to commercial activity centers are presented in the land use chapter of the plan. Economic Development Goal Statement: Meridian seeks to stimulate, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC encourage and give preference to those types of economic activities and developments which provided for the employment of Meridian citizens and . area residents, and reduce the need for people to commute to neighboring cities for work. Policies: 1. The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate to Meridian. 2. It is the policy of the City of Meridian to set aside areas where commercial and industrial interest and activities are to dominate. 3. Positive programs should be undertaken to support existing industrial and commercial areas to ensure their continued vitality, such as: T Zoning changes to assure desired economic development - Land Use: Commercial and retail areas are established along major arterials, (East First Street, Cherry Lane, Fairview Avenue, Franklin and Meridian Roads) and include small commercial centers and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. Commercial Policies: Encourage new commercial development within under-utilized existing commercial areas. Encourage commercial uses, offices and medical -care uses to located in the Old Town district, business parks, shopping centers and near high- intensity activity areas, such as freeway interchanges. Special Community Design Areas Goal Statement: Promote, encourage, and enhance an aesthetically -pleasing community by requiring good design and appearance in all special areas. Policies: 1. Require businesses and government to install and maintain landscaping. 2. Encourage area beautification through uniform sign design that FINDINGS OF FACT AND CONCLUSIONS OF.LAW - Page 15 CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC 0 • enhances the community. 3. Encourage the beautification of streets, parking lots, public lands, and state highways. 4. Encourage the use of attractive open space, landscaping, lighting and street furniture for the benefit of the public. 35.8 The proposed development will be consistent with the goal of supplying employment and economic self-sufficiency for the existing and future residents of the City and the reduction of the reliance upon Boise and the strengthening of the City's ability to finance and implement public improvements, services and its open space character. 35.9 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 35.10 Compliance with the requests of the Political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 35.11 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 36. The proposed uses, subject to the conditions as found by the Council, would be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; 37. The property can be physically serviced with City water and sewer, if applicant extends the lines. 38. Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into commercial uses and other uses. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC 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. e 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 65-6512 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 State. 4. The property is currently zoned (RT) Rural Transition. The applicant has requested annexation and zoning into the City of Meridian with a (C -G) designation. The, (C -G), General Retail and Service Commercial is described in the Zoning Ordinance, 11-2- 408 B 11 as follows: "(C -G) General Retail and Service Commercial: The purpose of the (C -G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient' and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development? and encourage clustering of commercial development." 5. , The Zoning Schedule of Use Control as contained in the Zoning`l and Development Ordinance of the City of Meridian, Section 11-2-409, provides and regulates FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC the type of use allowed as either a -permitted use, a conditional use, or permitted as an accessory use or not permitted. In the (C -G) zone convenient stores and drive-in establishments require a conditional use permit and section 11-2-405(G) of the Municipal Code of the City of Meridian prohibits more than one principal detached building upon one lot except for a Planned Development (PD) as a conditional use. 6. 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." 7. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Section 11-2-418 H Municipal Code of the City of Meridian and 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 is a conditional use may be in existence. 8. Section 11-2-418 D. states as follows: " In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence." 9. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC 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. 10. 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 be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; C. The use is designed and is to be constructed to be. harmonious in appearance with the character of the general vicinity; that if the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use will not be hazardous or disturbing to existing or future neighboring uses if the developer provides and maintains the required berming that is adjacent to the residential neighborhood to the north. Further, the applicant should be required to submit proposals for all lighting and also submit their plans for all types of signage, regardless of type and variety. Further, these conditions should be made requirements of the Development Agreement. The applicant shall be required to enter into a Development Agreement before the annexation and zoning and the conditional use permits are granted; e. Sewer and water service is available, but the applicant may have to pay additional fees for the use; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC The use will create additional public costs for the construction of the road through this development. Those costs will be paid for by taxpayers through the Ada County Highway District, however, with the potential of future development in the area the costs should not be excessive nor detrimental to the economic welfare of the community; g. The use will not 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; h. The use will have vehicular approaches to the property, which as designed will not create an interference with traffic on surrounding public streets; only if the Ada County Highway District Board approves the proposed roadway through this development. This conditional use permit and the accompanying annexation and zoning requests must be contingent upon Ada County approving the roadway through the development; This should also be a condition of the Development Agreement and required to be entered into by the applicant before any approvals are required. The development of the property will not result in the destruction, loss or damage of a natural or scenic feature of major importance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC ORDER OF DECISION NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE APPEARING, IT IS HEREBY ORDERED AND THIS DOES ORDER that the applicant, Eagle Partners, L.L.C., is 'hereby granted a conditional use permit subject to the following terms and conditions to -wit: 1. That the property which is subject to the conditional use permit is described as follows: A parcel of land being all of Lot 1 Amended Magic View Subdivision according to the Official Plat thereof filed in Book 52 of Plats at Pages 4445- 4446, records of Ada County, Idaho, and amended by an Affidavit recorded May 28, 1996 as Instrument No. 96044575. EXCEPTING THEREFROM: A parcel of land being on the Westerly side of the centerline of Eagle Road Project No. F -FR -3271 (44) Highway Survey as shown on the plans thereof now on file in the office of the Idaho Transportation Department Division of Highways, and being a portion of Lot 1 of Amended Magic View Subdivision according to the Official Plat thereof filed in Book 52 of Plats at Pages 4445-4446, records of Ada County, Idaho described as follows, to -wit: BEGINNING at the Northeast corner of Lot 1 of said Amended Magic View Subdivision, Ada County, Idaho; thence North 89057'05" West (shown of record to be North 89058'29.7" West) along the North line of said Lot 1 a distance of 40.37 feet to a point in a line parallel with and 70.00 feet Westerly from the centerline and opposite Station 49+81.54 of said Eagle Road, Project No. F -FR -3271 (44) Highway Survey; thence along said parallel line as follows: Southerly along a 5659.58 foot radius curve right 339.39 feet to a point opposite Station 46+37.95 a point of reverse curvature of said Highway Survey, Southerly along a 5799.58 foot radius curve left 238:12 feet to a point in the South line of said Lot 1; thence FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC North 89138'27" East (shown of record to be North 89137'02" East) along said South line 66.10 feet to a point in the Westerly right-of-way line of existing Eagle Road; thence North 00021'33" West (shown of record to be North 00022'57.7" West) along said West line 576.73 feet to the PLACE OF BEGINNING. Highway Station Reference: 44+29.65 to 49+81.54. 2. The use of the subject property shall be developed in accordance with the site plan, which is identified as "Chevron/McDonald's and by I.P. Co. Credit Union, Eagle Road and Magic View Drive, Meridian, Idaho, BRS Architects, 5/98, job number 9646 sheet SS -2.1 of site and building data 6/98". 3. The use of the subject property on Parcel B shall be as a Credit Union building and facility with parking and landscaping, and a drive-through on the southern side of the proposed building. Parcel A as identified on the site plan to be used as a fast food convenient facility with fuel islands, including eight pump stations, a vacuum air compressor and hose B/BB, a car wash, trash enclosure, together with the convenient store and associated parking, berming and landscaping. 4. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: 4.1 Applicant shall be responsible to install a water main within the right-of-way of the new street along the north boundary of the proposed site. Location and sizing of the new main should be coordinated with the Meridian Water Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22 CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC t 0 4.2 Water service to the proposed site could be to the existing water line installed along the northerly side of Magic View Drive. Developer to provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 4.3 As Assessment fees for water and sewer service are determined during the building plan review process Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 4.4 In order to assure that the affected and subject area will be served adequately by essential public facilities and services the pretreatment required and addressed on the building permit application redlines for obtaining City sewer service, which is required. 4.5 In compliance with the requirements of the Central District Health for approval of appropriate proposal for central sewage and central water, as well as approval for plans for food establishments. 4.6 Sanitary Sewer, service to the proposed site could be to the existing line installed in Magic View Drive directly adjacent to the south. 4.7 The treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated. Approval of development to be contingent upon City's treatment plant ability to accept the additional sanitary sewage generated by this proposed development. 4.8 The Applicant shall be required to connect the property to Meridian water and sewer and extend the water and sewer lines to serve the property, and resolve how the water and sewer mains will serve the property, all of which shall be at the Applicant's, or its successor's, or successors' cost and expense. Said water and sewer requirements shall be performed on or before the time that the Applicant or its successor, or successors desire to use the property or place a user on the property. 4.9 Any existing irrigation/drainage ditches crossing the property to be included in the project are to be tiled per City Ordinance 11-9-605.M. The ditches which are to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department with no variances for tiling of any ditches crossing this FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23 CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC 0 0 project. 4.10 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 4.11 A Land Use Change/Site Development application shall be filed for review with the Nampa & Meridian Irrigation District with all laterals and wasteways affected to be protected. Municipal surface drainage must be retained on site. Any surface drainage leaving the site must be approved by the Nampa & Meridian Irrigation District in accordance with their drainage plans. The Developer must comply with Idaho Code 31-3805. E 4.12 The stormwater run-off will be managed with appropriate Best Management Practice. 4.13 Pressurized irrigation shall be installed and constructed. 4.14 Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 4.15 Any existing domestic wells and/or septic systems within the project will have to be removed from their domestic service per City Ordinance Section 5-7- 517. Wells may be used for non-domestic purposes such as landscape irrigation. 4.16 All ditches, canals, and waterways shall be tiled as a condition of annexation. 4.17 The applicant shall dedicate to the ACHD a reserved right-of-way on the northern 108 feet of the subject property; further a landscaped berm shall be developed in the northern 35 feet of the reserved right-of-way and which landscaped berm shall be maintained by developer. 4.18 The proposed roadway north of the proposed Idaho Power Credit Union needs to be dedicated as a public roadway with a stub to the west. Future development in,this area will need to have proper access to the traffic signal. Applicant shall be responsible to install a water main within the right-of-way of the new street along the north boundary of the proposed site. Location and sizing of the new main should be coordinated with the Meridian Water Department. 4.19 Developer comply with the State of Idaho Transportation Departments FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24 CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC a requests that a full control area is necessary to maintain adequate traffic operations on Eagle Road and in the vicinity of Interstate 1-84 interchange. U 4.20 All development approach locations shall be in accordance with the requirements of the State of Idaho Transportation Department. 4.21 Roadway and roadway approaches to be approved by the ACRD. 4.22 Off-street parking shall be,provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or- as detailed in site-specific requirements. 4.23 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities (ADA) requirements. 4.24 No signage details were submitted. Detailed signage plans must be included as part of this application for review and approval. 4.25 A developer shall comply with all life safety codes of the City of Meridian and shall also comply with City code requirements for water supplies, sprinkler systems, as regulated by the Fire Department. 4.26 All construction shall conform to the requirements of the Americans with Disabilities Act. 4.27 A development agreement is required as a condition of annexation. s 4.28 A roadway placed on the northern boundary of the site will also provide potential elimination of future traffic concerns in the area. } 4.29 All speaker drive-throughs to be located on the south side of the McDonald's/Chevron fast food convenience Store. 4.30 All speaker drive-throughs to be located on the south side of the Credit Union facility. 4.31 All signage shall be in accordance with the standards set forth in Section 11- 2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage ,or flashing signs shall be permitted. Submission and approval of all signage plans including but not.limited to pole signs, reader boards, banners, etc., and specifically any "golden arches" type signage FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25 CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC A 0 0 associated with the McDonalds and any outside signage associated with the Chevron Gas Stations. These conditions shall be in addition to the requirements of Meridian's sign ordinance. 4.32 The development shall include an additional 20 foot`buffer on the north side of the Credit Union facility and an additional 15 feet of landscaping between the Credit Union and the Chevron/McDonald's facility. 4.33 The development shall include construction of a solid wood fence that runs from the southerly boundary of Magic View north to the 108 foot reserved road right-of-way. 4.34 The Credit Union facility shall operate during normal business hours between 9:00 a.m. to 5:30 p.m. and not open to customers on weekends. 4.35 A minimum of 68 three-inch caliper trees will be required for the paved square footage proposed. 4.36 Particular attention needs to be paid to lighting plans to eliminate as much as is reasonably necessary to eliminate and/or reduce glare to neighboring properties to the north and west, and in accordance with city Ordinance Section 11-2-414D3. 4.37 A minimum of a 35 -foot -wide landscape setback is required adjacent to the right-of-way of Eagle Road. 4.38 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.6. 4.39 Future development in this area will need to have proper access to the traffic signal. 4.40 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; 4.41 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; 4.42 The conditional use shall not be restricted to a period of authorization but FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 26 CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC may be reviewed annually, upon notice to the applicant, for violation of any conditions imposed herein and other conditional use applications; 4.43 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; , 4.44 Handicap parking,` associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 4.45 All signs must meet the requirements of the Uniform Sign Code and the Meridian City Ordinance, in addition, flashing signs and temporary signs will not be permitted. All signs are, subject -to. review., ln`addition' to'the Meridian Sign Ordinance, all ;signage of any type must be approved by the Meridian City Council. 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. F 6, 4.46 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 dumpster`s so as not to impede fire access. , 4.47 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 j All site, drainage, ` shall be contained and disposed of on-site. All driveway and parking stall dimensions shall comply, with °Meridian" City Ordinance.' t 4.48 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 'Mdridian Wastewater Department, and enter into an Assessment Agreement with the City` of Meridian. ,4.49 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. Further, the applicant shall submit lighting plans specifically for the Chevron FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 27 CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC FINDINGS OF FACT AND CONCLUSIONS OF LAW - P� CONDITIONAL USE PERMIT - EAGLE PARTNERS LLC APPROVAL OF ORDER OF DECISION The City Council of the City of Meridian hereby adopts and approves this s ORDER AND DECISION. ROLL CALL COUNCILMAN KEITH BIRD VOTED COUNCILMAN RON ANDERSON VOTED COUNCILMAN CHARLIE ROUNTREE VOTED COUNCILMAN GLENN BENTLEY VOTED MAYOR ROBERT RIE (TIE BREAKER) VOTED MOTION: APPROVED DISAPPROVED: 141998 -Final REcElvED OCi 2 0 1998 CITY OF MERIDIAN FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 29 ANNEXATION AND ZONING - EAGLE PARTNERS LLC CITY COUNCIL MEE i ING A. 1 OCTOBER 6, 1998 c PAGE 2`` All requirements such as three readings, publication, etc. have been meet. Motion made by Councilman Bentley and seconded by Councilman Anderson to approve ordinance #800 with legal staff to prepare resolution for funds to go to public safety (fire & police) funding, effective date of November 1, 1998. ROLL CALL: Rountree — aye, Anderson — aye, Bentley — aye, Bird — aye. MOTION CARRIED: All ayes. ITEM #4: ORDINANCE #801 - ANNEXATION AND ZONING OF 4.13 ACRES BY EAGLE PARTNERS — NORTHWEST CORNER OF EAGLE ROAD AND MAGIC VIEW. Explanation and discussion from Steve Brown, attorney representing Eagle Partners and Wyatt Johnson, attorney representing Idaho Power Employee Credit Union, concerning the hours of operation noted in the Findings of Fact and Conclusions of Law. Motion was made by Councilman Anderson and seconded by Councilman Rountree to approve Ordinance #801 with suspension of the rules. ROLL CALL: Rountree — aye, Anderson — aye, Bentley — aye, Bird — abstain. MOTION CARRIED: Three ayes, one abstain. ITEM #5: TABLED JULY 21, 1998: REQUEST FOR CONDITIONAL USE PERMIT BY EAGLE PARTNERS — NORTHWEST CORNER OF EAGLE ROAD AND MAGIC VIEW. Motion made by Councilman Rountree and seconded by Councilman Bentley to have the attorney prepare new Findings of Fact and Conclusions of Law. MOTION CARRIED: Three ayes, one abstain. ITEM #6: CONTINUED PUBLIC HEARING: ANNEXATION & ZONING OF 36.71 ACRES for R-4 FOR PROPOSED WILKINS RANCH AT THE LAKES SUBDIVISION BY STEINER DEVELOPMENT, LLC — EAST OF BLACK CAT / USTICK INTERSECTION AND SOUTH OF USTICK ROAD. Testimony given by Steve Bradberry, Lowell Pumphrey and David Zaremba. Closed Public Hearing. Motion made by Councilman Bird and seconded by Councilman Rountree to approve Findings of Fact and Conclusions of Law. ROLL CALL: Rountree — aye, Anderson — aye, Bentley — aye, Bird — aye. MOTION CARRIED: All ayes. Motion made by Councilman Bird and seconded by Councilman Bentley to approve decision. MOTION CARRIED: All ayes. Memo TO: Mayor, City Council Franc Bruce FwAeton CC: City Clerk, City Attorney Date: 09/03/98 Ree Eagle Partners 200 East Carlton St, Suite 100 Meridian, Idaho 83642-2631 Phone: (208) 887-2211 Fax (208) 887-1297 RECEIVED SEP - 3 1998 CITY OF MERIDIAN During the hearing process for the Eagle Partners project on Eagle Road, the issue of Eddy's Chevron, (Fred Meyer loca(don), canopy lighting came up. We received several complaints about the intensity/glare from the canopy lighting at this existing store. As a result of those complaints, and the pending application, we have worked together with Mr. Eddy and his attorney to try and rectify the problem. Mr. Eddy has installed "soft light diffusers" in all of his canopy lights, except one that is approximately in the center of the canopy adjacent to the Fairview avenue side. I believe this was done to demonstrate the before and after effect the diffusers made. 1 would appreciate any input that any of you might have regarding this effort. Unfortunately, glare is not something that can be measured with instruments, but is rather something that is subjective. Side Note: Recently the Jackson's Texaco on Fairview installed the same "Scottsdale" fights in their canopy during a renovation project. Ultra Touch car wash on the south side of Fairview installed the same lights with their new construction. They were put on notice at that time that they may be required to soften the intensity/glare of their lights. From the desk of... Bruce A. Freckteton Assistant to the City Engineer Meridian Public Works Department 200 E. Carlton St., Suite 100 Meridian, Idaho 83642-2600 (208) 887-2211 Fax (208) 887-1297 • Page 1 CITY COUNCIL Moi ING • OCTOBER 6, 1998 PAGE 2 All requirements such as three readings, publication, etc. have been meet. Motion made by Councilman Bentley and seconded by Councilman Anderson to approve ordinance #800 with legal staff to prepare resolution for funds to go to public safety (fire & police) funding, effective date of November 1, 1998. ROLL CALL: Rountree — aye, Anderson — aye, Bentley — aye, Bird — aye. MOTION CARRIED: All ayes. ITEM #4: ORDINANCE #801 -ANNEXATION AND ZONING OF 4.13 ACRES BY EAGLE PARTNERS — NORTHWEST CORNER OF EAGLE ROAD AND MAGIC VIEW. Explanation and discussion from Steve Brown, attorney representing Eagle Partners and Wyatt Johnson, attorney representing Idaho Power Employee Credit Union, concerning the hours of operation noted in the Findings of Fact and Conclusions of Law. Motion was made by Councilman Anderson and seconded by Councilman Rountree to approve Ordinance #801 with suspension of the rules. ROLL CALL: Rountree — aye, ,Anderson — aye, Bentley — aye, Bird — abstain. MOTION CARRIED: Three ayes, one abstain. ITEM #5: TABLED JULY 21, 1998: REQUEST FOR CONDITIONAL USE PERMIT BY EAGLE PARTNERS — NORTHWEST CORNER OF EAGLE ROAD AND MAGIC VIEW. Motion made by Councilman Rountree and seconded by Councilman Bentley to have the attorney prepare new Findings of Fact and Conclusions of Law. MOTION CARRIED: Three ayes, one abstain. ITEM #6: CONTINUED PUBLIC HEARING: ANNEXATION & ZONING OF 36.71 ACRES for R-4 FOR PROPOSED WILKINS RANCH AT THE LAKES SUBDIVISION BY STEINER DEVELOPMENT, LLC — EAST OF BLACK CAT / USTICK INTERSECTION AND SOUTH OF USTICK ROAD. Testimony given by Steve Bradberry, Lowell Pumphrey and David Zaremba. Closed Public Hearing. Motion made by Councilman Bird and seconded by Councilman Rountree to approve Findings of Fact and Conclusions of Law. ROLL CALL: Rountree — aye, Anderson — aye, Bentley — aye, Bird — aye. MOTION CARRIED: All ayes. Motion made by Councilman Bird and seconded by Councilman Bentley to approve decision. MOTION CARRIED: All ayes. MERIDIAN CITY COUNCIL MEETING: OCTOBER 6,199 APPLICANT: EAGLE PARTNERS ITEM NUMBER: 5 REQUEST: CONDITIONAL USE PERMIT - NORTHWEST CORNER OF EAGLE AND MAGIC VIEW AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 7/21/98 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE AmAc4&o Roos .)GS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. C) fyj0,k_k4 VL�12)� PW/( - _3f l : tt r BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSIk-ZO- EAGLE PARTNERS LLC CONDITIONAL USE PERMIT FOR A CHEVRON C -STORE, MCDON...�. WITH DRIVE: -UP WINDOW AND AN IDAHO POWER COMPANY CREDIT UNION WITH DRIVE UP BANKING 603 SOUTH EAGLE ROAD NORTHWEST CORNER OF EAGLE ROAD AND MAGIC VIEW DRIVE - MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearings on April 14; 1998, and June 9, 1998, at the hour of 7:00 o'clock p.m., the Applicant, appearing through its representative, Joanne Butler, 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 publi"shed for two (2) consecutive weeks prior to said public hearings scheduled on April 14, 1998, and June 9 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, and June 9, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 EAGLE PARTNERS LLC - CONDITIONAL USE PERMIT (C -G) 0 • television stations. 2. The property is located within the City of Meridian the address is listed in the application as 603 South Eagle 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 R -T, Ada County Rural Transition. The proposed use of the property' is to operate a Chevron C -Store, McDonald's with a drive up window, and an Idaho Power Company Credit Union with a drive up window. 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, commercial or industrial. 4. Commissioner Johnson asked the representative from Eagle Partners to come forward. Joanne Butler was sworn in by the Assistant City Attorney. Mrs. Butler noted areas in the immediate vicinity that have been annexed by the -City. She asked that if the request is denied, could the Commission specifically, state the reasons for the denial. Mrs. Butler noted that the proposed annexation is adjacent to and abuts the City limits and is within the area of impact. She noted that the applicant is the owner of record of the property and requests that the whole parcel be annexed. The applicant intends to build a Chevron service station, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 EAGLE PARTNERS LLC - CONDITIONAL USE PERMIT (C -G) McDonalds Restaurant with drive -up window and an Idaho Power Credit Union facility with a drive -up window. She noted that'the property can be served with both City water and sewer. She noted that sanitary sewer will be from the extension of an existing line. She noted that zoning of this parcel would be consistent with the Comprehensive Plan. She noted the land has been designated as mixed planned used development on the aland use map of the Meridian Comprehensive Plan. She noted that the integrity and identity of adjoining residential areas can be preserved through the use of buffering, screening, and landscaping techniques. She acknowledged that the development should be conducted as a conditional use especially when there are more than two uses, like this project. She acknowledged that all reasonable efforts can be made to reduce the impact of noise and traffic on residential areas. She noted that ACHD was there to offer comments and request support for their decision. Mrs. Butler concluded by requesting that the Commission recommend approval of this project by Eagle Partners. 5. Billy Ray Strite was sworn in by the Assistant City Attorney. Mr. Strite started by noting that the most pertinent item to discuss 'is what could be done to minimize impact on the neighborhood to the north. He noted that Auhu ana i'1'u meL wlUu l.i1C City Council and determined that a roadway should'be placed on the north boundary of the site. He noted that the roadway would be 108 feet of the right of way for a future five lane road. He noted that the'uses of the project have been moved- to the south. He FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 EAGLE PARTNERS LLC - CONDITIONAL USE PERMIT (C -G) noted that the conditional use is for the drive-thru; he acknowledged that the only drive-thru with speakers would be the Chevron/McDonalds facility. +He noted that the speaker system will be generally located on the south westerly portion of the site. He noted that there will be no speaker system on the Idaho Power Credit Union facility, because of concern for the traffic, they have moved the drive-thru to the south side of the building. He noted that the stacking lane for, the Chevron /McDona lds is on the south side of the building. Mr. Strite noted that the plans call for a 20 foot buffering on the north side of the Credit Union and an additional fifteen feet of landscaping between the Credit Union and the Chevron/McDonalds. Mr- 'Strite noted that the developer will build a solid wood fence that runs from the southerly boundary of Magic View north until it reaches the new 108 feet of right of way roadway section. Mr. Strite concluded by requesting that the Commission make a recommendation in order to move the project forward as the project has been pending for almost 2 '-� years. 6. Mr. Richard Williams was sworn in by the Assistant City Attorney. Mr. Williams began by requesting that the Findings of Fact and Conclusions of Law of February 1997 on this project be entered into the pubiic record. He noted that on those Findings of Fact, the City Council denied the project. Mr. Williams noted that the project severely impacts the residential neighborhoods. He noted that there will be a 108 foot right of way in the residents' back yards, not including the McDonalds. He noted that a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 EAGLE PARTNERS LLC - CONDITIONAL USE PERMIT (C -G) I conditional "use requires a community necessity and the Chevron station is not a community necessity. He noted that the project does not conform to the Comprehensive Plan. Mr. William requested that a moratorium be imposed on the whole area to allow the proper planning for the area. Mr. Williams concluded by noting that the project was not proper planning for the area. 7. Commissioner Nelson asked Mr. Williams what he would like to see on that site. Mr. Williams noted that he would like to see it developed as a professional office. 8. Mr. Harvard D. Hanks wase sworn in by the Assistant City Attorney. Mr. Hanks noted that the traffic in and out of Magic View Drive will become more difficult with the addition of a new service station. 9. Mrs. Beverly Sherman was sworn in by the Assistant City Attorney. Mrs. Sherman noted that as a mother of two young children, she does notk like a gas station that close to her residential neighborhood. She is concerned about the contamination of the groundwater. She. noted that there are no specifics in regards to the proposed road and does not think there needs to be a gas station there. 10. Mr. Gary Skeen was sworn in by the Assistant City Attorney. Mr. Skeen noted that he is the representative for Idaho Power Federal Credit Union. Mr. Skeen noted that his business would be a good buffer for the nearby residents. The hours of operation- are 9:00 a.m. to 5:30 p.m. and they are not open on FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 EAGLE PARTNERS LLC - CONDITIONAL USE PERMIT (C -G) weekends. Mr. Skeen requested approval of the project. 11.. Mr. Dave Pearcy was sworn in by the Assistant City Attorney. `Mr. Pearcy noted his concern about traffic getting in and out off of South Eagle Road and Magic View Drive. He felt that another road where the present light is located would help alleviate the traffic congestion. 12. Mr. Chuck Horel was swbrn in by the Assistant City Attorney. Mr. Horel wanted to know if the proposal was for a subdivision. Chairman Johnson clarified the issue noting that the Credit Union is a tenant of Eagle Partners. 13. Mr. George Kyler was sworn in by the Assistant City Attorney. Mr. Kyler noted he represents McDonalds Corp. Mr., Kyler noted that he has made an attempt to contact neighbors and discuss the proposal but very few neighbors have attended the meetings. Mr. Kyler noted that he -took issue with people claiming the exhaust from his restaurant creates an unpleasant odor. He noted that his restaurant uses electro -static filters. He felt it was unjustified to accuse his corporation of providing low paying jobs to communities. He noted that 670 of the employees who work at. the Meridian McDonalds live in Meridian. 14. Mr. Dick Moore was sworn in by the Assistant City Attorney. Mr. Moore noted that he approves of the project and that he would like to see it proceed. His intent when he moved to the area was to subdivide when the covenants expire. 15. Mr. Terry Little was sworn in by the Assistant City FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 EAGLE PARTNERS LLC - CONDITIONAL USE PERMIT (C -G) E Attorney. Mr. Little noted that he is employed by'the A.C.H.D. He noted that they have studied Magic'View Drive along with ITO and that it lacks adequate spacing from the interstate for safe a t operations. Mr. Little noted that putting a street across from the St. Luke's light would help alleviate the traffic concerns. He felt that five lanes at the intersection and then at about 300 feet back go to three and hook to Magic View would be adequate for many years in the future. He noted. that Eagle Road is the most important arterial street in the county. Mr. Little stated "Today its nearly 30,000 in that section which` is like a Fairview type traffic volume pretty much although it flows much better because access is limited on it and you don't have the side street conflicts, we believe we have to control those` side street conflicts, and this road that' was proposed is one way to do that and we believe its the best way." Commissioner Nelson inquired whether ITD was in agreement that only one signal light be permitted. Mr. Little noted that ITD was in agreement that the only signal light should be at the St. Luke's entrance. 16. Mr. Patrick Nickel was sworn in by the Assistant City Attorney. Mr. Nickel noted that the, economics of the particular parcel makes office development cost prohibitive and that commercial development is more logical. 17. Mr. Richard Williams re -addressed the Commission. He inquired why if Eagle Road is a limited access road, does A.C.H.D. want to add another access within 1600 feet.' Mr. Williams FINDINGS OF FACT AND.CONCLUSIONS OF LAW - Page 7 EAGLE PARTNERS LLC - CONDITIONAL USE PERMIT (C -G) 4 expressed his concern that the newly proposed road might be extended to Locust Grove Road. Mr. Williams noted that if the new road is connected to Magic View it would cost the taxpayers. $750,000.00 to construct_ the road. He also noted that ITD's decision was a staff level decision and he believes the board of ITD may not be in total agreement with their decision. 18. Commissioner Smith inquired as to what Mr. Williams would like to see at the site. Mr. Williams reiterated that he would: like to see it turned into professional office space. Commissioner Smith inquired whether Mr. Williams agrees that a 8:00 to 5:00 use would be preferable to a 24 hour, 7 days a week use. Mr. Williams agreed that he would like to -see an office 'type development for professional people. 19. Mrs. Butler re -addressed the Commission. She noted that the area is designed for mixed use and that the proposal does conform to the standards set forth in the Comprehensive Plan. Mrs. Butler noted that the issue of pollution came up in regards to the service station. She noted that there are extensive regulations governing the service station business. Mrs. Butler requested that the Commission deliberate on the testimony and make a decision tonight. 20. Mr. Billy Ray Strite requested permission to address the Commission. Mr. Strite noted that a study indicated that there were 5 scenarios provided for the 75 acres west of the project and four out of the five required 108 feet of right of way as proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 EAGLE PARTNERS LLC - CONDITIONAL USE PERMIT (C -G) with the 30 feet buffer.• He also noted that even if the 75 acres went all residential, the 'road would still be there. Mr. Strite also noted that 24 hour count on Eagle Road indicates that traffic drags to 100 of'peak use after 10:00 p.m. Commissioner Borup asked Mr., Strite about the accuracy of 22,000 vehicle trips a day on Eagle Road. Mr. Strite noted that the figure on Eagle Road is closer to 30,000 cars a day. Commissioner Borup inquired about the traffic count on the new 108 foot right of way. Mr. 'Strite noted that Terry Little from ACHD could answer that question. Commissioner Borup inquired' about why the two other Chevron stations are not in compliance with the City ordinance. He noted that'the lighting at the other stations violates City code. Mr. Strite noted that he cannot answer about the other Chevron stations but the proposal is to use recessed fixtures on 'the new proposed Chevron station. Commissioner Maccoy noted his displeasure with the lighting situation at the Meridian First Street Chevron. 21. Commissioner Smith inquired about the material, overall height and scale of the proposed credit union building. Mr. Strite noted that the building would be 60 -x 90 feet with a 4 and 12 pitch. It will have asphalt decor shingles. EIFS or stucco will border at the bottom of the wains coat of dark colored brick. There will:be four large columns supporting a canopy `A' type roof entry supported by two columns. 22. Commissioner Smith inquired about the 3 lanes for the Credit Union drive-thru. He wanted an explanation about the drive - FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 EAGLE PARTNERS LLC - CONDITIONAL'USE PERMIT (C -G) 0 thru lanes. Mr. Strite noted that the third lane is a bypass lane and the other two lanes would be used for banking. He also noted that the south wall of the entry will have,a walk up ATM. 23. Commissioner Smith inquired about the 105 parking spaces As he .estimates only 57 would be required.. Mr. Strite noted that McDonalds requested additional parking and there is the possibility of expanding the credit union to 5,000 square feet. Commissioner Smith stated he would like .to see the extra parking turned into landscaping along Eagle Road. Mr. Strite noted that the landscaping exceeds the 5 minimum. 24. Commissioner Smith inquired about the berm along the proposed roadway to the north. He noted that the plans call for "maintenance by others". He wanted to know who are the "others". Mr. Strite noted 'that the property will no longer belong to the applicant and it was his understanding that ACHD would care for the berm. He noted that once ACHD takes the property it is no longer part 'of the Application. 25. Rod Truax was sworn in by the Assistant City Attorney. Mr. Truax noted that he lives near the northwest corner of the project. He noted that the plans proposed are a significant improvement over the original proposal. He noted that the roadway is still, a major concern. Mr. Truax noted that he would like to see the Chevron building rotate a full 180 degrees and put the canopy and lights on the other side of the building -in case Chevron decides to put in "their own landing lights." FINDINGS OF,FACT AND CONCLUSIONS OF LAW - Page 10 EAGLE PARTNERS LLC - CONDITIONAL USE PERMIT (C -G) 26. Mrs. Butler addressed the Commission. She noted that the concern over the other Chevron store's lighting was discussed with Shari Stiles._ She noted that the reason the Chevron is proposed the way it is today is because of requests from neighbors. P & Z Administrator Stiles noted that there was a conversation and letter sent out by Dean -Ehlert, Code Enforcement Officer, requesting that Chevron address the lighting issue., The Assistant City Attorney requested that the station owner address the issue of the lighting at the other Chevron stations. 27. Mr. Steve Eddy was sworn in by the Assistant City Attorney. Mr. Eddy noted that he has had more positive comments about the lights. Further, he noted he met with the Mayor about the lights. He noted that the Mayor felt the Locust Grove location was a safer, more inviting environment because of the lights. Mr. Eddy noted that two guys signed off on the occupancy permit for the station. 28. Commissioner Smith inquired about the lighting and whether it is included in a set of plans. Mr. Eddy responded that the typical canopy light,is 400 watts, metal halite bulb, and it is common throughout the industry. Mr. Eddy noted that the lights proposed for the new Eagle Road were a full flush surface mount that had no visual effect from the side. He noted that it would be like the lights at the Chevron on Garrett and Chinden. 29. Commissioner Smith inquired about the reason for removing the lights on the East First Chevron and putting others FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 EAGLE PARTNERS LLC-- CONDITIONAL USE PERMIT (C -G) in. Mr. Eddy stated "East First has I think 21 canopy lights and we replaced those just for 'a brighter image at that station and I haven't heard one complaint on that station. This is the first time that's been brought up here at this meeting on the East First 2` Station." Mr. Eddy�'also noted that Locust Grove's biggest problem is there are too many lights and if some were removed, it would fix a lot of the problem. 30. Chairman Johnson inquired about the ownership of the proposed property and whether it will be rental property. Mr. Strite noted that the property is eligible for one split and that would. allow it to be split into 2 parcels, one to, Idaho Power Credit Union and the other would remain with the Applicant. 31. Commissioner Nelson wanted to know more about the proposed roadway, its traffic- counts, and vision for future development. Mr. Little noted that there were 2 options. Option A and B with long and short term variations of each. Each option varies in respect to how many lanes are at the intersections and how far those lanes extend down the roadway. Mr. Little noted that ACHD staff recommendations is to follow variation B. 32.: Commissioner Borup inquired about extending the roadway west and how that would affect trip figures. Mr. Little noted that the figure was based on the connector to Magic View. He didn't envision at this point extending the roadway further west along the residential property lines. 33. Shari Stiles, Planning and Zoning Administrator, and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 EAGLE PARTNERS LLC - CONDITIONAL USE PERMIT (C -G) 0 • Bruce Freckleton, Assistant to the City Engineer submitted comments, which respective comments are incorporated herein as if set forth in full. 34. 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. 35. The Ada County Highway District staff submitted comments, hbwever, there was no final determination from the Ada County Highway District Board regarding this project. 36. There was no further testimony given at the hearing. 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 67-6512 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 EAGLE PARTNERS LLC - CONDITIONAL USE PERMIT (C -G) 0 11 p 4. The property is currently zoned (RT) Rural Transition. The Applicant has requested annexation and zoning into the City of Meridian with a (C -G) designation. The (CG), General Retail and Service Commercial is described in the Zoning Ordinance, 11-2-408 B 11 as follows: 5. (CG) General Retail and Service Commercial- The purpose of the (CG) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts snail be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. 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." 7. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 EAGLE PARTNERS LLC - CONDITIONAL USE PERMIT (C -G) 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. 8. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 9. This Application for a conditional use has been judged upon the basis of guidelines contained in Section ll -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. 10. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 EAGLE PARTNERS LLC - CONDITIONAL USE PERMIT (C -G) ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. The use is designed and is to be constructed to be harmonious in appearance with the character of the general vicinity; that if the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use will not be hazardous or disturbing to existing or future neighboring uses if the developer provides and maintains the required berming that is adjacent to the residential neighborhood to the north. Further, the Applicant should be required to submit proposals for all lighting and also submit their plans for all types of signage, regardless of type and variety. Further, these conditions shouldbe made requirements of the Development Agreement. The Applicant shall be required to enter into a Development Agreement before the annexation and zoning and the conditional use permits are granted; e. Sewer and water service is available, but the Applicant may have to pay additional fees for the use; f. The use will create additional public costs for the construction of the road through this development.., Those costs will be paid for by taxpayers through the Ada County Highway,District, however, with the potential of future development in the area the costs should not be excessive nor detrimental to the economic welfare of the community; E g. The use will not 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; h. The use will have vehicular approaches to the property, which as designed will not create an interference with traffic on surrounding public streets; only if the Ada County Highway District Board approves the proposed roadway through this development. This conditional use permit and the accompanying annexation., and zoning requests must be contingent upon Ada County FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 EAGLE PARTNERS,LLC - CONDITIONAL USE PERMIT (C -G) approving the roadway through the development; This should also be a condition of the Development Agreement and required to be entered into by the Applicant before any approvals are granted. i. The development of the property will not result in the destruction, loss or damage of a natural or scenic feature of major importance. j It is. recommended that the conditional use permit be granted in this case for the above reasons. 11. 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 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. Afl 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 EAGLE PARTNERS LLC - CONDITIONAL USE PERMIT (C -G) 6 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, in addition, flashing signs and temporary signs will not be permitted. All signs are subject to review. 'In addition to the Meridian Sign Ordinance, all signage of any type must be approved by the Meridian City Council. 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. 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. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 EAGLE PARTNERS LLC - CONDITIONAL USE PERMIT (C -G) Further, the Applicant shall submit lighting plans specifically for the Chevron Station. Prior approval of those plans shall be a condition to granting the conditional use permit. 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. 1. It shall be a condition of the conditional use permit that the Applicant enter into a Development Agreement with the City of Meridian. The conditional use permit shall not be granted or become effective until the Development Agreement is executed and recorded. 12. The above -conditions- are concluded to be reasonable and the Applicant °shall meet these conditions. 13. It is recommended that if the Applicant meets the conditions stated above that the conditional use permit be granted to the Applicant. 14. Further, at the June 9, 1998, hearing, the Meridian Planning and Zoning Commission required an additional condition of approval to minimize the parking provided to the amount required by ordinance plus the additional parking required or desired by the McDonald's tenant. a FINDINGS OF FACT AND'CONCLUSIONS OF LAW - Page 19 EAGLE PARTNERS LLC - CONDITIONAL USE PERMIT (C -G) 0 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves'these Findings of Fact and Conclusions. COMMISSIONER BORUP COMMISSIONER DeWEERD COMMISSIONER SMITH COMMISSIONER NELSON CHAIRMAN MACCOY (TIE BREAKER) VOTED VOTED VOTED a VOTED VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the Application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire -and Life Safety Codes, Uniform Fire Code, parking requirements, and the paving and landscaping requirements, and all Ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: APPROVED: fin. DISAPPROVED: 7 -20 -98 --Final FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 EAGLE PARTNERS LLC - CONDITIONAL USE PERMIT (C -G) 0 I ** TX CONFIRMATION REPORT ** AS OF JUL 20 '98 55 PAGE. 01 � a CITY OF MERIDIAN DATE TIME TO/FROM 15 07/20 16:54 888 -5130 ------------------------------- MODE MIN/SEC PGS CMDO STATUS G3 --S 00'43" 002 244 OK APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP VOTED COMMISSIONER DeWEERD VOTED / 0 COMMISSIONER SMITH VOTED Q COMMISSIONER. NELSON VOTED Ci CHAIRMAN MACCOY (TIE BREAKER) VOTED . DECISION AND RECOM40MATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the Application' with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking requirements, and the paving and landscaping requirements, and all `Ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: APPROVED: {1N DISAPPROVED: 7 -20 -98 --Final FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 EAGLE PARTNERS LLC°— CONDITIONAL USE PERMIT (C—G) Post-ir Fax Note 7671 Dateor pages To From B Co Dept Co. Prnom # lPhone# Fax# Fax# RECEz�� d � J U L 2 1 1998 CITY OF MERIDIAN (�iG� GCti H'�inds ,F ti Eco D EiVED - � i U L 2 1 1993 AIG 13 V016 CITY F MERIDIAN (�T'Y F ����H IDAHO WELLHEAD PROTECTION PLAN Prepared by the: Division of Environmental Quality 1410 North Hilton Boise, Idaho 83706-1290 In cooperation with the: Idaho Wellhead Protection Work,Group MARcH 1996 � � REcErvED J U L 2 1 1998 July 21, 1998 CITY OF MERIDIAN Meridian City Council, I live in the Greenhill estates subdivision. I have many concerns about the proposal to put a Chevron and McDonalds adjacent to our subdivision. I am concerned that we do not have a long term plan for the area between the freeway and our neighborhood. We are looking at only 5 acres at a time. I would like to ask that you develop a plan for all of the area between Greenhill and the interstate. The city needs to look at the big picture and not just one parcel at a time.-; As an existing neighborhood we deserve to be protected from a 24 hour noisy, commercial development. We need to have a buffer between our neighborhood and a busy noisy operation. Texaco is close enough! I am also concerned about the noise. I lay in my bed at night and listen to the music pumping out of the speakers at the Texaco. I hear car doors being shut and loud conversations. I also hear and feel the vibrations from the semi truck that idle their engines all hours of the night. Texaco is close enough! Security is also a`problem. 24 hour gas stations tend to bring in some pretty shady characters at night. I don't think we need to have more strangers any closer to our yards. Our neighborhood is easily accessible to any thief who would like to walk into our garages and homes. I feel that a a 24 hour gas station is not even an option this close to where people live. Another concern I have is one of vanity. I want to be proud to say I live in Meridian. But as Meridian has become the fast food capital of Idaho, it is getting embarrassing . Do we want all visitors to our town to see that we have a McDonalds every mile? This will be the third McDonalds in the area.? Also, another gas station brings in more trucks to an area that is starting to look and sound like a truck stop. I am opposed to the Chevron/McDonalds project and ask that a long term plan be made concerning the area of land that is between the Greenhill neighborhood and the interstate. Thank you, - o Ann Bowen 3067 Autumn Way Meridian Idaho 887-0889 PETITION • RE�I��D JUL 2 1 its -CITY OF MERIDIAN We the undersigned property owners and residents of Greenhill Estates Subdivision 7 in Meridian, Idaho, do hereby petition the City Council of Meridian, Idaho, to reject Application of Eagle Partners, LLC, for annexation and zoning to construct a Chevron C -Store, McDonalds fast food restaurant and Idaho Power Credit Union at the corner of Magic View Drive and Eagle Rd in Meridian, ID. A virtually, identical proposal, made by the identical applicant, was rejected by the Meridian City Council in February, 1997, by a unanimous NO vote. No facts supporting the denial in 1997 have changed. No new facts have arisen which could support reversing that decision in the ten (10) months between the original decision and this application or the 17 months to now. We realize that this area will develop, but believe it should develop as a buffer between the existing residential neighborhood of Greenhill Estates, containing 100 + homes, and higher use commercial that will most likely go south of Magic View Dr. The Meridian Comprehensive Plan REQUIRES that development be in harmony with the existing uses. This proposal provides no measurable buffer and is not in harmony with our neighborhood. This development will exacerbate the existing noise levels, increase traffic flows behind existing residential housing, create a 24 hour daylight situation for the neighborhood, create a safety hazard for children from increased traffic from transient pedestrian traffic and significantly devalue existing property values in a well established and premier subdivision. This application does not comply with the Meridian Comprehensive Plan. We believe that it must be denied. Meridian does not need another gas station and more french fries. NAME ADDRESS TEL NR. PETITION Meridian City Cf#ncil Re: Eagle Partners LLC ApOlation Page 2 IZFGFrvEj) J U L 2 1 1998 NAME ADDRESS TEL NR. CITY OF ?MERIDIAN r 4365 n J5 9 • • . RE �e�,�D PETITION JuL* 2 1 1998 CITY OF MRIDIAN We the undersigned property owners and residents of Greenhill Estates Subdivision dl& in Meridian, Idaho, do hereby petition the.City Council of Meridian, Idaho, to reject Application of Eagle Partners, LLC; for annexation and zoning to construct a Chevron C -Store, McDonalds fast food restaurant and Idaho Power Credit Union at the corner of Magic View Drive and Eagle Rd in Meridian, ID. A virtually identical proposal, made by the identical applicant, was rejected by the Meridian City Council in February, 1997, by a unanimous NO vote. No facts supporting the denial in 1997 have changed. No new facts have arisen which could support reversing that decision in the ten (10) months between the original decision and this' application or the .17 months to now. We realize that this area will develop, but believe it should develop as a buffer between ,the existing residential neighborhood of Greenhill Estates, containing 100 + homes, and higher use commercial that will most likely go south of Magic View Dr. The Meridian Comprehensive Plan REQUIRES that development be in harmony with the existing uses. This proposal provides no measurable buffer and is not in harmony with our neighborhood. This development will exacerbate the existing noise levels, increase traffic flows behind existing residential housing, create a,24 hour daylight situation for the neighborhood, create a safety hazard for children from increased traffic from transient pedestrian traffic and significantly devalue existing property values in a well established -and premier subdivision. This application does not comply with the Meridian Comprehensive Plan. We believe that it must be denied. Meridian does not need another gas station and more french fries. NAME ADDRESS TEL NR. �C,r. sic �.-- ✓��ii�� � ��' -_� ,-r � -�. /l/� ',1 bl //_7 i /6 PETITION Meridian City Clncil . Re: Eagle Partners LLC Appotion Page 2 CEIV�+ RE D U t_ 2 1 1998 NAME ADDRESS TEL NR. CITE' of MERIDIAN' ti -/43 71,77 r 17 �j to/Y�A L J 1 � • RE �E�D PETITION ."'L 21 19 CITY OF MERIDIAN We the undersigned property owners and residents of Greenhill Estates SubdivisionA�c� in Meridian, Idaho, do hereby petition the City Council of Meridian, Idaho, to reject Application of Eagle Partners, LLC, for annexation and zoning to construct a Chevron C -Store, McDonalds fast food restaurant and Idaho Power Credit Union at the corner of Magic View Drive and Eagle Rd in Meridian, ID. A virtually identical proposal, made by the identical applicant, was rejected by the Meridian City Council in February, 1997, by a unanimous NO vote. No facts supporting the denial in 1997 have changed. No new facts have arisen which could support reversing that decision in the ten (10) months between the original decision and this application or the 17 months to now. We realize that this area will develop, but believe it should develop as a buffer between the existing residential neighborhood of Greenhill Estates, containing 100 + homes, and higher use commercial that will most likely go south of Magic View Dr. The Meridian Comprehensive Plan REQUIRES that development be in harmony with the existing uses. This proposal provides no measurable buffer and is not in harmony with our neighborhood. This development will exacerbate the existing noise levels, increase traffic _flows behind existing residential housing, create a 24 hour daylight situation for the neighborhood, create a safety hazard for children from increased traffic from transient pedestrian traffic and significantly devalue existing property values in a well established and'premier subdivision. This application does not comply with the Meridian Comprehensive Plan. We believe that it must be denied. Meridian does not need another gas station and more french fries. NAME ADDRESS TEL NR. �A') ci, 2 z4in ce, 7 �/"/, r, I f �i I AP, Y1 lr� It r, C1, `1� PETITION Meridian City Council Re: Eagle Partners LLC App'TTEration Pa e 2 g RECEIVED NAME ADDRESS TEL NR. 12 1 1998 rTrYTV n'+ ITUDTTATAXT 0 PETITION RECEWED J U L 2 1 1998 CITY OF MERIDIAN We the,undersigned property owners and residents of Greenhill Estates Subdivision in Meridian, Idaho, do hereby petition the City Council of Meridian, Idaho, to reject Application of Eagle Partners, LLC, for annexation and zoning to construct a Chevron C -Store, McDonalds fast food restaurant and Idaho Power Credit Union at. the corner of Magic View Drive and Eagle Rd in Meridian, ID. A -virtually identical proposal, made by the identical applicant, was rejected by the r Meridian City Council in February, 1997, by a unanimous NO vote. No facts supporting the denial in 1997 have changed. No new facts have arisen which could support reversing that decision in the ten (10) months between the original decision and this application or the 17 months to now. We realize that this area will develop, but believe it should develop as a buffer between the existing residential neighborhood of Greenhill Estates, containing 100 + homes, and higher use commercial that will most likely go south of Magic View Dr. The Meridian Comprehensive Plan REQUIRES that development be in harmony with the existing uses. This proposal provides no measurable buffer and is not in harmony with our neighborhood. This development will exacerbate the existing noise levels, increase traffic flows behind existing residential housing, create a 24 hour daylight situation for the neighborhood, create a safety hazard for children from increased traffic from transient pedestrian traffic and significantly devalue existing property values in a well established and premier subdivision. This application does not comply with the Meridian Comprehensive Plan. We believe that it must be denied. Meridian does not need another gas station and more french fries. NAME ADDRESS TEL NR. W t -S �—) -2 PETITION CITY OyF�MERIDIAN; We the undersigned property owners and residents of�Greenhill Estates Subdivision in Meridian, Idaho, do hereby petition the City Council of Meridian, Idaho, to reject Application of Eagle Partners, LLC, for annexation and zoning to construct a Chevron C -Store, McDonalds fast food restaurant and Idaho Power Credit Union at the corner of Magic View Drive and Eagle Rd in Meridian, ID. J U L 2 1 1998 �i A virtually identical proposal, made by the identical applicant, was rejected by the Meridian City Council in February, 1997, by a unanimous NO vote. No facts supporting the denial in 1997 have changed. No new facts have arisen which could support reversing that decision in the ten (10) months between the original decision and this application or the 17 months to now. We realize that this area will develop, but believe it should develop as a buffer between the existing residential neighborhood of Greenhill Estates, containing 100 + homes, and higher use commercial that will most likely go south of Magic View Dr. The Meridian Comprehensive Plan REQUIRES that development be in harmony with the existing uses. This proposal provides no measurable buffer and is not in harmony with our neighborhood. This development will exacerbate the existing noise levels, increase traffic flows behind existing residential housing, create a 24 hour daylight situation for the neighborhood, create a safety hazard for children from increased traffic from transient pedestrian traffic and significantly devalue existing property values in a well established and premier subdivision. This application does not comply with the Meridian Comprehensive Plan. We believe that it must be denied. Meridian does not need another gas station and more french fries: NAME ADDRESS TEL NR. /l0 PETITION Meridian City Council Re: Eagle Partners LLC Appfation Page 2 RicElvED J U L 2 1 1998 NAME ADDRESS TEL NR. CITY OFNIERiDUIN Iz- L) / L .. 1?FCErV1En PETITION 'JUL �2 998 CITY OFMERIMN We the undersigned property owners and residents of Greenhill Estates Subdivision X/dz',� in Meridian, Idaho, do hereby petition the City Council of Meridian, Idaho, to reject Application of Eagle Partners, LLC, for annexation and zoning to construct a Chevron C -Store, McDonalds fast food restaurant and Idaho Power Credit Union at the corner of Magic View Drive and Eagle Rd in Meridian, ID. A virtually identical proposal, made by the identical applicant, was rejected by the Meridian City Council in February, 1997, by a unanimous NO vote. No facts supporting the denial in 1997 have changed. No new facts have arisen which could support reversing that decision in the ten (10) months between the original decision and this application or the 17 months to now. We realize that this area will develop, but believe it should develop as a buffer between the existing residential neighborhood of Greenhill Estates, containing 100 + homes, and higher use commercial that will most likely go south of Magic View Dr. The Meridian Comprehensive Plan REQUIRES that development be in harmony with the existing uses. This proposal provides no measurable buffer and is not in harmony with our neighborhood. This development will exacerbate the existing noise levels, increase traffic flows behind existing residential housing, create a 24 hour daylight situation for the neighborhood, create a safety hazard for children from increased traffic from transient pedestrian traffic and significantly devalue existing property values in a well established and premier subdivision. This application does not comply with the Meridian Comprehensive Plan. We believe that it must be denied. Meridian does not need another gas station and more french fries. NAME ., ADDRESS TEL NR. PETITION Meridian Ci Council Re: Ea I?FjGEIVE])tY gle Partners LLC ApPation Page 2 J U L 2 1 1998 NAME ADDRESS TEL NR. CITY OF MERIDIAN st37 S-Dri Jo C-1 oil Sgt -27 -ZA14 J U L 21 1998f, PETITION CITY OF MERIDIAN We the undersigned property owners and residents of Greenhill Estates Subdivision in Meridian, Idaho, do hereby petition the City Council of Meridian, Idaho, to reject Application of Eagle Partners, LLC, for annexation and zoning to construct a Chevron C -Store, McDonalds fast food restaurant and Idaho Power Credit Union at the"corner of Magic View Drive and Eagle Rd in Meridian, 1D. la A virtually identical proposal, made by the identical applicant, was. rejected by the . , Meridian City Council in February, 1997, by a unanimous NO vote. No facts supporting the_denial'in 1997 have changed- No new.facts,have arisen which could support reversing that decision in the ten (10) months between the original decision and this application or the 17 -months to now. r " We realize that -this area will -develop, -but believe it should develop as a buffer between the existing residential neighborhood of Greenhill Estates;: containing 100 + homes, and higher use -commercial that will most likely go south -,of Magic View Dr. The-Meridi. Comprehensive Plan REQUIRES that development be in harmony with the existing uses. This proposalprovides no,measurable buffer and is not in harmony with our neighborhood. 3 1 This development will exacerbate the existing noise levels, increase traffic flows behind existing fesidential housing, create a 24 hour daylight situation for the neighborhood, create a safety hazard for children from increased traffic from transient a pedestrian traffic and significantly devalue existing property values in a well ,. established and premier subdivision, This application does not comply with the Meridian Comprehensive Plan. We believe that it must be denied. Meridian does not need another gas station and more french fries. NAME ADDRESS TEL NR, I '4 E PETITION Meridian Ci Council POET17F4D ty Re: Eagle Partners LLC App�at�on Page 2 JUL 21 1998 NAME, ADDRESS TEL NR. CITY OF MERIDIAN — % (Z7 S7 L,mx) "Zd13 3134 A-ct� t�)L, 0f3 0 PETITION • RECEWED JU(_ 2 1 198 CITY OF MERIDIAN We the undersigned property owners and residents of Greenhill Estates Subdivision <51"'1117 in Meridian, Idaho, do hereby petition the City Council of Meridian, Idaho, to reject Application of Eagle Partners, LLC, for annexation and zoning to'construct a Chevron C -Store, McDonalds fast food restaurant and Idaho Power Credit Union at the corner of Magic View Drive and Eagle Rd in Meridian, ID. A virtually identical proposal, made by the identical applicant, was rejected by the Meridian City Council in February, 1997, by a unanimous NO vote. No facts supporting the denial in 1997 have changed. No new facts have arisen which could support reversing that decision in the ten (10) months between the original decision and this application or the 17 months to now. We realize that this area will develop, but believe it should develop as a buffer between the existing residential neighborhood of Greenhill Estates, containing 100 + homes, and higher use commercial that will most likely go south of Magic View Dr. The Meridian Comprehensive Plan REQUIRES that development be in harmony with the existing uses. This proposal provides no measurable buffer and is not in harmony with our neighborhood. This development will exacerbate the existing noise levels, increase traffic flows behind existing residential housing, create a 24 hour daylight situation for the neighborhood, create a safety hazard for children from increased traffic from transient pedestrian traffic and significantly devalue existing property values in a well established and premier subdivision. This application does not comply with the Meridian Comprehensive Plan. We believe that it must be denied. Meridian does not need another gas station and more french fries. NAME ADDRESS TEL NR. FAM 1109.M-�:,� W-1 11111111 �w .�.�...► �i"� - / t r 4 = PETITION Meridian City Council Re: Eagle Partners LLC App RaPcElvED tion Page 2 j u [ 2 1 1998 NAME ADDRESS TEL NR. CITY OF MERIDIAN PETITION REQ EWED J U (. 2 '1 1998 CITY OF MERIDIAN We the undersigned property owners and residents of Greenhill Estates Subdivision in Meridian, Idaho, do hereby petition the City Council of Meridian, Idaho, to reject Application of Eagle Partners, LLC, for annexation and zoning to construct a Chevron C -Store, McDonalds fast food restaurant and Idaho Power Credit Union at the corner of Magic View Drive and Eagle Rd in Meridian, ID. A virtually identical proposal, made by the identical applicant, was rejected by the Meridian City Council in February', 1997, by a unanimous NO vote. No facts supporting the denial in 1997 have changed. No new facts have arisen which could support reversing that,decision in the ten (10) months between the original decision and this application or the 17 months to now. We realize that this area will develop, but believe it should develop as a buffer between the existing residential neighborhood of Greenhill Estates, containing 100 + homes, and higher use commercial that will most likely go south of Magic View Dr. The Meridian Comprehensive Plan REQUIRES that development be in harmony with the existing uses. This proposal provides no measurable buffer and is not in harmony with our neighborhood. This development will exacerbate the existing noise levels, increase traffic flows behind existing residential housing, create a 24 hour daylight situation for the neighborhood, create a safety hazard for children from increased traffic from transient pedestrian traffic and significantly devalue existing property values in a well established and premier`subdivision. This application does not comply with the Meridian Comprehensive Plan. We believe that it must be denied. Meridian does not need another gas station and more french fries. NAME ADDRESS TEL NR. PETITION Meridian City Council Re: Eagle Partners LLC A #ation Page 2 PCE7-�� 9 PP $ .R ` ' Lj NAME ADDRESS 11 J U L 2 '1 1998 TEL NR. CITE' OF MERIDIAN P?7, 2,