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HomeMy WebLinkAboutDeveloper Diversified Realty CPA 99-002 ~ c .. ° ~- HUB OF TREASURE VALLEY -- Mayor A Good Place to Live LEGAL DEPARTMENT ROBERT D. CORRIE (208) 884-4264 CITY OF MERIDIAN Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208) 8s7-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZON[NG DEPARTMENT KEITH BIRD (208) 884-5533 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 10, 1999 TRANSMITTAL DATE: May 12, 1999 HEARING DATE: June 17, 1999 '(.;6~Q~ ~ FILE NUMBER: CPA-99-002 REQUEST: COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND USE OF 12.3 ACRES FROM SINGLE FAMILY RESIDENTIAL TO COMMERCIAL BY: DEVELOPER DIVERSIFIED REALTY CORP LOCATION OF PROPERTY OR PROJECT: SOUTH OF FAIRVIEW & EAST OF RECORDS AVE TAMMY DE WEERD P/Z p MERIDIAN SCHOOL DISTRICT _ MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) THOMAS BARBEIRO, P/Z ADA COUNTY HIGHWAY DISTRICT BYRON SMITH, PIZ ADA PLANNING ASSOCIATION P/Z KEITH BORUP CENTRAL DISTRICT HEALTH , ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT C/C RON ANDERSON SETTLERS IRRIGATION DISTRICT , CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) C/C KEITH BIRD U.S. WEST(PRELIM & FINAL PLAT) , C/C GLENN BENTLEY INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) , WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL) SEWER DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT BUILDING DEPARTMENT ADA COUNTY (ANNEXATION) FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER YOUR CONCISE REMARKS: :: . ,:.-~•` RESOLUTION NO. ~ 6 PROPERTY HAS MADE A WRITTEN APPLICATION FOR THE AMENDMENT OF`THE'MERIDIAN COMPREHENSIVE PLAN. GENERALIZED LAND USE MAP COMPONENT FOR THE DESIGNATION OF REAL PROPERTY THAT LIES PARTIALLY WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN AND PARTIALLY WITHIN THE IMPACT AREA OF THE CITY OF MERIDIAN FROM "SINGLE-FAMILY RESIDENTIAL DESIGNATION TO A COMMERCIAL DEVELOPMENT DESIGNATION" AND REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH;- AND DIRECTING THE CITY ENGINEER TO PREPARE THE APPROPRIATE MAPPING CHANGES OF THE OFFICIAL COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT AND DIRECTING THE CITY CLERK TO NOTIFY AND PROVIDE A CERTIFIED COPY OF THE RESOLUTION TO THE BY: ~~E'/ X11.. ~~ hG~ A RESOLUTION FINDING THAT THE OWNER OF CERTAIN REAL APPROPRIATE ADA COUNTY OFFICIALS. BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: Section 1. Findings: ;~ 1. The owner of the following described property has made a written application for a real property designation Comprehensive Plan Amendment to the Generalized Land Use Map Component change from a Single Family Residential designation to a Commercial Development designation. 2. The City of Meridian Planning and Zoning Commission and the City Council having given notice and conducted all public hearings in accordance with law, and having duly notified Ada County of said application and having received their. comments, and having issued its Findings of Fact and Conclusions of Law, .Decision and Order Granting the Application; and 3. The Real property which is the subject of this resolution is legally described as follows: t RESOLUTION -PAGE 1 OF 3 ;. A parcel of land located'in the NW 1/4 of the NE 1/4 of Section 9, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as followsc Commencing at the N1/4 corner of said Section 9 from which the NE corner of said Section 9 bears South 89°22'32" East, 2659.01 feet; thence along the North-South center line of said Section 9 -South 00°48' 14" West, 49.74- feet to a point on the South right-of-way line of Fairview Ave. (US Highway 30), said point being the REAL POINT OF BEGINNING; thence along said South. right-of-way line South 89°35'24" East, ~ 708.66 feet; thence leaving said South right-of-way line South 14°59'32" West, 276.87 feet; thence South.00°48' 14" West, 554.06 feet; thence North 89°35'24" West, 640.79 feet to a point on the North-South centerline of said Section 9; thence along said North-South center line North 00°48' 14" East, 822.02 feet to the Real Point of Beginning, containing 12.30 acres, more or less. Section 2. The above described real property be and the same is hereby re- designated on the Comprehensive Generalized Land Use Map from Single Family Residential to Commercial Development. Section 3. The engineering staff of~the Public Worlcs Department shall prepare the appropriate mapping changes of the official Comprehensive Plan Generalized Land Use Map component in conformance with the provisions of the Resolution. Section 4. The City Clerlc is to notify and provide a certified copy of the resolution to the appropriate. Ada County officials to notify them of the comprehensive plan amendment. Section 5. All ordinances, resolutions; orders or parts. thereof in conflict herewith are hereby repealed, rescinded and annulled. RESOLUTION -PAGE 2 OF 3 rti~ passage, approval and publication, according to law. Section 6. This ordinance shall be in full force and effect from and after its ~'hE. PASSED BY THE C UNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of /~~(o~rh~-~ , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~~~-' day of ~Ul~~s~l~ , 1999. a or ATTE L~~N` City Clerk STATE OF IDAHO, County of Ada, SS. ,~\~~~t1t~11t4iFitt/tttf `~`f ~`* ~ ~ 1~~ >~` ~~ !jr F _ ~ ~~i~~ ~ '~~ ~©~ 4 %9~, ~T 151. ,`''~\``` '` '~ ~Q. , ~3 \ On this ~ day of , 1999, before me, the undersigned, Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerlc of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official. seal the day and year first above written. .• ,~' .•~ . ~l f, ,~ (S ~Ah'~f ~' ° T A~ r ~~ ••. Nota Public f r Idaho '~' *• •*- :~ ~ Residing at: •., ,rte :~ .~-. ; My Commission xpires: /i, a z -o ~' ~i "~ ~ , ~° ab mseJZ:\W~~~ id~q,.~i5360M\Developers Diversified\Resolution.CPA RESOLUTION -PAGE 3 OF 3 ,~ ~: CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN A RESOLUTION FINDING THAT THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN APPLICATION FOR THE AMENDMENT OF THE MERIDIAN COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT FOR THE DESIGNATION OF REAL PROPERTY THAT LIES PARTIALLY WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN AND PARTIALLY WITHIN THE IMPACT AREA OF THE CITY OF MERIDIAN FROM "SINGLE-FAMILY RESIDENTIAL DESIGNATION TO A COMMERCIAL DEVELOPMENT DESIGNATION" AND REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND. DIRECTING THE CITY ENGINEER TO PREPARE THE APPROPRIATE MAPPING CHANGES OF THE OFFICIAL COMPREHENSIVE PLAN `GENERALIZED LAND USE MAP COMPONENT AND DIRECTING THE CITY CLERK TO NOTIFY AND PROVIDE A CERTIFIED COPY OF THE RESOLUTION TO THE APPROPRIATE ADA COUNTY OFFICIALS. BE IT RESOLVED BY THE MAYOR AND THE CITY.COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: Section 1. Findings: 1. The owner of the following described property has maderya written application for a real property designation Comprehensive Plan Amendment to the Generalized Land Use Map change from a Single Family Residential designation to a Commercial Development designation. 2. The City of Meridian Planning and Zoning Commission and the City Council having given notice and conducted all public hearings in accordance with law, and having duly notified Ada County of said application and having received their comments, and having issued its Findings of Fact and Conclusions of Law, Decision and Order Granting the Application; and 3. The Real property which is the subject of this resolution is legally described as follows: A parcel of land located in the NW1/4 of the NE1/4 of Section 9; T.3N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the N 1/4 corner of said Section 9 from which the NE corner of said Section 9 bears South 89°22'32" East, 2659.01 feet; ,, a4=.~~ thence along the North-South center line of said Section 9 South 00°48' 14" West, 49.74 feet to a point on the South right-of-way line of Fairview Ave. (US Highway 30), said point being°the REAL POINT OF.BEGINNING; thence along said South right-of-way line South 89°35'24" East, 708.66 feet; thence leaving said South right-of-way line South 14°59'32" West, 276.87 feet; thence South 00°48' 14" West, 554.06 feet; ,~ thence North 89°35'24" West, 640.79 feet to a point on the North-South centerline of said Section 9; thence along said North-South center line North 00°48'14" East, 822.02-feet to the Real Point of Beginning, containing I2.30`acres, more or less. Section~2. The above described real property be and the same is hereby re- designated`on the Comprehensive Generalized Land Use Map from Single Family Residential to'°Commercial Development. ` -. =Section 3: .The engineering staff of the Public Worlcs Department shall prepare the appropriate mapping changes of the official Comprehensive Plan Generalized Land Use Map component in conformance with the provisions of the Resolution. Section 4. The City Cleric is to notify and provide a certified copy of the resolution to the appropriate Ada County officials to notify them of the comprehensive plan amendment. Section 5. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. .w Sectioh 6. This ordinance shall be in full .force and effect from and after its x passage, approval and publication, according to law. William G. Berg, Jr City Clerlc STATE OF IDAHO, :ss: County of Ada, ) i ~'~!~ !~; <.' ~~ ~ d d _~ ` r~ .. ~. ~~ 1~Gfi w On this ~~day of / I ~p.~(~ , in the year 1999, before me, N~ ~~ ,~ _ ~ f ~ /Z L~ ~„ , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerlc 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. • ~~ r r~ '• ~ :' oT ~~ r (~EA~) ~ ~.~ G ; * Notary Public for Idaho * ; pUBZ,t Commission Expires: // o r--~~ •rti ~; ~ , .~ . 9~ ~, ms~Z:\~kdr~ I~'~idian 15360M\Developers Diversified\CertofClk.CPA 4nn~+~~' r 1 1 1 1 1 1 1 1 1 1 1 1 t 1 1 1 I tro in In t~ In In I("1 !n I~` ''1 n 1 ~ 1 ~ 1 m 1 ~ i Gy 1~ 1~ I~ !O 1~' 1`'s I~ 1~ 1~ 1~ Ip 1 ~ 1 ~ 1 ~ 1 ~ 1 ~ 1 ~ 1 ~ 1 N 10 I ~ 1 ~ I O !p 1~ 1~ 1¢ 1.`i- 1..~ i N• 1 N• 1 N• 1 I-'• I h'• 1 N• 1 fD 1~ 1 ~Z I~ t ~ 1 ~ Irr Irt Irt 1~ i ~' 1 ~ t ~ I ~ f ~ 1 ~ I ~ 1 ~ 10 l ~ • i 4~ ~ 10 10 10 1~ 1 ~ 1 ¢' I ~ 1 ~' 1 ~'' 1 pJ 1 ~ 1 ~ O 1 O 1 N- I~ ~ i ~ ~ 1~ I~ 1~ 1~ 1 r 1~ 1~ 1~ 1~ 1~ 1~ 1 F,. -~ 1~ 10 1~ Ir 1~ 1 1 1 11.,. 1 N. 1~ 1~ 1~ I~ I~ 1~ 1~ ~ 1~ 1~~, 1~ 1~ 1~ 't~ i~. 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CtovC1Z DALE iZ ~, 3at5~~ ~• ADDRESS: t~}Soo 1-~tg~-wAY ?~D2lo GA~pwEt.c.~ 'SD GENERAL LOCATION: tl2 lvl~t.r EASE ~ Er1ytE tZO._. 4ooa L FACQVIC-'W /qvE LEGAL DESCRIPTION OF PROPERTY: ~~ ~'~'~~ ~ ED PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option agreement must be attached. FRESENT ZONE CLASSIFICATION: /~ DA Cov,~r1-~ " RT l VICINITY SKETCH: A vicinity map and/or site plan at a scale approved by the City showing property lines, existing streets, easements, and such other items as the City may require (35 copies). Fee: 1 100.00 I hereby certify that the information contained herein is true and correct. I also certify that T will post the property one (1) week before each public hearing. SIGNATURE: FOR ,~tvEZ.oPces D/vim/~F~vv ~~i7' ~'~° DAKOTA COMPANY, INC. May 03, 1999 Ms. Shari Stiles Planning Director/Zoning Administrator City Of Meridian 200 East Carlton Suite 201 Meridian, Idaho 83642 IZE: Comprehensive Plan Amendment Application 12.3 Acres -Gibson Property & A Portion Of Terrace Lawn Memorial Gardens - 4000 East Fairview Avenue, Ada County, Meridian Dear Shari: Developers Diversified Realty Corp. (DDR), is submitting an application for a "Comprehensive Plan Amendment", to change the current land use designation of 12.3 acres located at 4000 East Fairview Avenue. The subject property is located within the City Of Meridian Area Of Impact, but is currently in Ada County with an "RT" zoning designation. The 1993 Comprehensive Plan designates the subject property with a land use of "Single Family Residential". This application is to amend the land use designation to "Commercial". In conjunction with this application, an application for annexation and zoning`designation for the property has been submitted. The subject property is noted on the attached Meridian Comprehensive Plan -Generalized Land Use Map and Ada Planning Association vicinity map. The property is located one half mile east of Eagle Road, with 708.66 feet of frontage on Fairview Avenue and is approximately 822 feet deep. The west property line abuts the east property line of the existing Family Center At Meridian Shopping Center project. The property immediately east and south of the subject parcel is an existing cemetery, which is located in Ada County. DDR is requesting the Land Use Designation be amended to "Commercial", in order to integrate the property into the Family Center At Meridian project. ^ PHONE (208) 343-5223 FAX (208) 343-4954 380 EAST PARKCENTER BLVD. SUITE 100 BOISE, IDAHO 83706 Ms. Shari Stiles May 03, 1999 page 2/2 The 1993 Comprehensive Plan Land Use Chapter states -Commercial and retail areas are established along the Fairview Avenue corridor. Section #4 of the Comprehensive Plan -Commercial Activity Centers, states -The location of Community Shopping Centers should be guided by performance and development standards which consider that Commercial Activity Centers be located in proximity to other commercial developments and minimize impacts upon other adjacent areas. The Commercial Policies Section states -Community Shopping Centers will be encouraged to locate at arterial intersections and near high-traffic intensity areas. The reclassification of this property to land use of "Commercial" will meet all of these stated goals and policies, integrate the property into an existing commercial development and provide a buffer from the existing cemetery to the south and east. It is highly unlikely that the property to the east of the subject property would change from a cemetery use, which provides an excellent buffer to a commercial development. The development plans are to integrate the subject property into the existing Family Center At Meridian project property which is east of Records Drive. This would create a commercially zoned property which is approximately 24 acres in size. A mixed use commercial development is planned. The property will be accessed with entries onto Fairview Avenue and Records Drive and a new street extension running south from Fairview Avenue along the east edge of the property and lining up with the existing Venture Street on the north side of Fairview Avenue. All development would meet the City Of Meridian ordinances. Dakota Company, Inc. is submitting this application on behalf of DDR. All question can be directed to Dakota Development, Inc. Thank you for your cooperation. Sincerely, Tom Bauwens VP Construction Dakota Company, Inc. For Developers Diversified Realty Corp. ~, ~i'~ BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN In the Matter of the Request for COMPREHENSIVE PLAN AMENDMENT -SINGLE FAMILY RESIDENTIAL TO COMMERCIAL FOR 4000 E. FAIRVIEW AVE. By DEVELOPERS DIVERSIFIED REALTY CORPORATION Case No. CPA-99-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION > ~~+ C~~~ ~ ' ~ ~ 1999 CITY OF ~IE~IDI.a;~ The above entitled application for Comprehensive Plan amendment having come on for public hearing on September 30, 1999, at the hour of 6:30 p.m., on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of the time, place, and a summary of the proposed amendment 0 plan to be discussed at the September 30, 1999, hearing was published fifteen (15) days prior to said hearing; copies of all notices were made available to newspaper, radio, and television stations; the matter was duly considered at the September 30, 1999, public hearing; and the public was given full opportunity to express comments FINDINGS OF FACT AND CONCLUSIONS OF L.AW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT DEVELOPERS DIVERSIFIED REALTY CORP. - 4000 E. FAIRVIEW AVE. - 1 .,~ " and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in the City of Meridian Comprehensive Plan and Idaho Code § 67-6509. 3. The property which is the subject of the application for amendment is described in said application and by this reference is incorporated herein as if set forth in full. 4. The Applicant is Developers Diversified Realty Corporation, of 3300 Enterprise Park Way, Beechwood, Ohio 44122. The Applicant filed a written Comprehensive Plan amendment application. 5. Pursuant to the application, the affected property is generally described as a 12.3 acre parcel 1/z mile ease of Eagle Road at 4000 E. Fairview Ave.; the affected property is currently designated Single Family Residential; the applicant is requesting a Comprehensive Plan Land Use Map change from Single Family Residential to Commercial; 6. The Meridian Planning and Zoning Commission takes judicial notice of its Zoning, Subdivision 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, Ord. No. 629-Jan.4, 1994 and Maps and Ordinance establishing the Impact Area Boundary. 7. The Applicant requested the Comprehensive Plan amendment and the application was~not initiated at the request of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT DEVELOPERS DIVERSIFIED REALTY CORP. - 4000 E. FAIRVIEW AVE. - 2 8. The proposed application requests a Comprehensive Plan amendment to change the designation of the subject property from Single Family Residential to Commercial. The designation change requires an amendment to the Comprehensive Plan of the City of Meridian as requested by the Applicant. (City of Meridian Comprehensive Plan, pg. 78-79). 9. The Applicant testified at the public hearing that the particular characteristics of the affected property make the amendment desirable. 10. The Planning and Zoning Administrator, Shari Stiles, submitted comments by and through a Memorandum dated September 28, 1999, and submitted comments by and through testimony during the September 30, 1999, public hearing on this matter. Such report and comments are hereby incorporated herein, as follows: 10.1. The parcel does not appear to be eligible for a split and would require a subdivision plat to be submitted and approved. 10.2 The Meridian Comprehensive Plan currently designates this area as single-family residential. Although changes are occurring in the area that may make other uses desirable in this location, staff feels the request for a comprehensive plan amendment should not be granted at this time. More detailed policies need to be established regarding the commercial and mixed/planned use. development areas, and development of strip commercial is to be discouraged. 10.3 Commercial development immediately adjacent to the cemetery could be disruptive to those holding services there and consideration for buffering of the cemetery would need to be closely reviewed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT DEVELOPERS DIVERSIFIED REALTY CORP. - 4000 E. FAIRVIEW AVE. - 3 r 11. The Ada County Highway District recommendations are hereby incorporated as follows: 11.1 Dedicate sufficient additional right-of-way to total 60-feet from section line of Fairview Avenue abutting the entire site. The right- of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 11.2 Dedicate 76-feet of right-of-way (38-feet from the centerline) for Records Drive from Fairview Avenue to a point 300-feet south of Fairview Avenue and 60-feet of right-of--way (30-feet from centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a any Certificate of Occupancy. 11.3 Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting the site (approximately 822-feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. 11.4 Prior to opening of the development, construct pavement widening on Fairview Avenue to add one eastbound lane from Records Drive to the east property line. - 11.5 Construct a maximum of three driveways on Fairview Avenue a minimum of 440-feet for a full access driveway and 220-feet for a right-in/right-out driveway from any public street intersection and 220-feet from all existing or proposed driveways. The maximum driveway width will be 40-feet with a minimum storage length of 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15-foot radii. Coordinate the design, storage length and location of any'proposed driveways with District staff. 1.1.6 Construct Records Drive as a 65-foot street section (with curb, gutter and 5-foot wide concrete sidewalk) from Fairview Avenue FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT DEVELOPERS DIVERSIFIED REALTY CORP. - 4000 E. FAIRVIEW AVE. - 4 to a point 300-feet south of Fairview Avenue. Records Drive shall be located approximately 2,100-feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point 300-feet south of Fairview. Dedicate sufficient right-of-way for the noted improvements. 11.7 Construct a traffic signal at the Fairview Avenue/Records Drive intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACRD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACRD or be demonstrated to meet ACRD specifications. The signal should be designed to .allow the future construction of dual left-turn lanes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. 11.8 A maximum of three driveways are approved on Records Drive. The driveways shall be located a minimum of 175-feet south of Fairview Avenue and aligned or offset 150-feet from all existing or proposed driveways. T,he driveways shall be constructed as 24 to 30-foot curb return driveway with 15-foot curb radii. The minimum storage length shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 11.9 Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. 12. The proposed designation change within the subject application would, ~. in fact, require an amendment to the Comprehensive Plan as determined by~City policy. CONCLUSIONS OF LAW All the procedural requirements of the Land Use Planning Act and of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT DEVELOPERS DIVERSIFIED REALTY CORP. - 4000 E. FAIRVIEW AVE. - 5 the Comprehensive Plan of the City of Meridian were met including: notice of the time, place, and a summary of the proposed amendment to the Plan, the .publication of which was fifteen (15) days prior to said hearing; copies of all notices were made available to newspaper, radio, and television stations. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendment Section; Idaho Code § 67-6509(a)). -~ 2. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as~the "Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code (I.C. § ,~~ 67-6509). "4 3. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Land Use Planning Act" except the power' to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code § 67-67504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian~Zoning and` fi. " Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 4. The City Council or any group or person may`petition the Planning and Zoning Commission for a plan amendment at any time: The following` requirements, time tables, and procedures to amend Meridian's Comprehensive Plan must be satisfied: .FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT- ~ ' DEVELOPERS DIVERSIFIED REALTY CORP. -„4000 E. FAIRVIEW AVE. - 6 ~ K A. Application to amend the Comprehensive Plan may be filed with the Planning and Zoning Commission at any time. B. The Applicant will submit a letter for a Plan amendment which will contain the following; 4.B.1 Specific depinition of the change requested. 4.B.2 Specific information on any property involved. 4.B.3 The condition or situation which warrants a change being made in the Plan. 4.B.4 The public need for and benefit from such a change in the Plan. 4.B.5 Documentation that no other solutions to the problem are presented by the current policy of the Plan are possible or reasonable. 4.B.6 Development intentions for any land involved. 4.B.7 Any other data and information needed by the Planning and Zoning Commission in evaluating the proposal, such as who does it help, who does it hurt, how much is it going to cost and who is going to pay for it. C. No application will be considered until the. required information is complete. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section). ` 5. The Planning and Zoning Commission may recommend amendments to the Comprehensive Plan to City Council not more frequently than every six (6) months. (Idaho Code § 67-6509(d); Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section) FINDINGS OF FACT AND CONCLUSIONS OF-LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT DEVELOPERS DIVERSIFIED REALTY CORP. - 4000 E. FAIRVIEW AVE. - 7 6. Upon receipt of a complete application, the Planning and Zoning Commission shall conduct at least (1) .public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the plan shall be published. The ,. Commission shall also make available a notice to newspapers, radio, and television stations. (Idaho Code § 65-6509(a)) 7. At said hearing,.. the proposed amendment shall be presented to the Commission by the Applicant and the Commission shall accept testimony from the public. Within forty-five (45) days of the hearing, the Commission shall make a recommendation to the City Council, supported by Findings of Fact and Conclusions of Law. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section) 8. An Applicant shall be notified of the Commission's decision by mail. Any Applicant whose application is denied may appeal to the City Council within thirty (30) days from the date of notification of the decision, by filing a written appeal stating the reasons for the appeal. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section) 9. To change a designation from Single Family Residential to Commercial 3 requires approval by the Planning and Zoning Commission as provided under the City of Meridian Comprehensive Plan, Implementation Chapter Comprehensive Plan Amendments Section. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT DEVELOPERS DNERSIFIED REALTY CORP. - 4000 E. FAIRVIEW AVE. - 8 a 10. Upon review of an amendment application relating to land use designations, the Commission should take the following objectives into account: 10.1 Mixed-planned uses along the I-84 corridor, which are attractive and compatible with high-volume traffic corridors. 10.2 Designating ample land for urban expansion and infill. 10.3 Quality residential neighborhoods, north, south, east,. and west of Old Town. 10.4 Planned mixed uses along I-84, Franklin Road, U.P. Railroad, and Fairview Avenue corridors. 10.5 Buffers to the waste treatment plant. 10.6 Adequate school and park sites for quality living. 10.7 The importance of maintaining compatible land uses to ensure an optimum quality of life. 10.8 Respect for the responsibilities and rights of land ownership. 10.9 Reinforce the role of the City in regulating the use of land resources for the benefit of future generations. 10.10 Plan for multiple use of public facilities wherever feasible. 11. Upon review of an amendment application affecting residential designations, the Commission should take the following policies into account: 11.1 Support a variety of residential categories (urban, rural, single- family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. ' 11.2 Support strategies for the development of neighborhood parks within all residential areas. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT DEVELOPERS DIVERSIFIED REALTY CORP. - 4000 E. FAIRVIEW AVE. - 9 11.3 Protect and maintain residential'neighborhood property values; improve each neighborhood's physical condition and enhance its quality of life for residents. 11.4 Encourage sidewalks and paved streets for all existing neighborhoods through joint ACHD/Local Improvement District programs. 11.5 Encourage compatible infill' development which will improve existing neighborhoods. 12. Having made the afore stated Findings of Fact and Conclusions of Law the City of Meridian Planning. and Zoning Commission hereby approves the proposed application to anlend the City of Meridian Comprehensive Plan as set forth herein. DECISION The Meridian Planning and Zoning Commission determines that upon review of the applicable standards, goals, policies and guidelines as set forth in the Comprehensive Plan of the City of Meridian, the established record, and the applicable law, that amendment of the Comprehensive Plan is warranted in the instant case. ey/Z:\Work\M\Meridian 15360M\Developers Diversified\PZ.fcs FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT DEVELOPERS DIVERSIFIED- REALTY CORP. - 4000 E. FAIRVIEW AVE. - 10 ~~ ~ - WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH PHILIP A. PETERSON 200 EAST CARLTON AVENUE, SUITE 31 NAMPA OFFICE KATHY ]. ED WARDS STEPHEN L. PAUSS POST OFFICE 80X 1150 f04 NINTH AVENUE SOUTH JULIE KLEIN FISCHER ERIC S. ROSSMAN MERIDIAN, IDAHO 83680.1150 POST OFFICE BOX 247 WM. F. GICRAY, II! TODD A. ROSSMAN TEL (208) 288.2499 NAMPA, IDAHO 83613-0247 D. SAMUEL JOHNSON R. STEPHEN RUTHERFORD FAX (ZO8) 288.2501 TEL (208) }66.9212 WILLIAM A. MORROW DAVID M. SWARTLEY FAX (208) 466.4405 WILLIAM F NICHOLS" TERRENCE R. WHITE'" CHRISTOPHER S. NYE EI7111( V11 Ill It TIIC[ ~ W1~~U,Wppfllo.COT11 `ALSO ADMITTED IN OR PLEASE REPLY TO ``ALSO ADMITTED IN WA MERIDIAN OFFICE October 28, 1999 William G. Berg, Jr. City Clerk Nleridiari City Hall 33 East Idaho Meridian, Idaho 83642 ~~~~~~~ ,~„- _ ., CITY OF l~I~~,IDL~~t Re: 1. Comprehensive Plan Amendment, Single Family Residential • To Mixed Use For A 20 Acres Parcel West of Eagle Road Between Fairview and UsticklBy: J-U-B Engineers, Inc. - CPA-99-001 2. Comprehensive Plan Amendment, Single Family Residential To Commercial for 4000 E. Fairview Ave./By: Developers Diversified Realty Corporation -CPA-99-002 Dear Will: Please find enclosed the originals of the Recommendations to the City Council by the Planning and Zoning Commission on the above referenced applications. Please note these matters will be heard before the City Council on November 3, 1999. Shari Stiles and Gary Smith have been given copies of. the above Recommendations so they can be prepared at the hearing to specifically address the Recommendations of the Planning and Zoning Commission. Very truly yours, ~ R. Stephen Rutherford Enclosures 08>17~PP 15:10 x`208 9d5 7650 ACRD d OU1/001 .~~ co~~.t ~ ~wu~ ~L~t~~~t Sherry R. Huber, President 318 East 37th Street Judy Peavey-t7err, Vice President Garden Ciry, Idaho 83714-6499 Mariyss Meyer Roiitson, Secretary Phone (208) 387-6100 Dave Givens, Commissioner Fax (208) 387-6391 Susan S..Easgake, Commissioner a-mail: teilus@achd.ada.id.us June 17, 1999 Tom 8auwens The Dakota Cornpany 380 East Park Center Blvd, Suite 100 Boise, ID 83706 7..~~~ ~'aV ' 31999 ~~~~ } Re: MCPA-99-0002 South of Fairview, East of Records The Ada County Highway District leas received the updated traffic analysis as °requested. The District accepts the traffic numbers and is processing the application. There is no longer a hold on this project. Feel free to contact ma if there are any other questions cr concerns. ~-~ David Szpiett " q Planning and Development Division cc: Project File Shari Stites', City of Meridian ' R JUN- 1 7~-99 TMU 1 9:47 AM LO£ I E Erie I riEER i NG Z NC. 293 ~~5 3299- , P - 0 2 June 17, 1999 Uavc Szplett, F.E. Ada County F-Cighway District 318 E. 37th St. Boise, LD 8714 . • IZE: Family Center at Meridian - MCU-t7-98 - Traffic Impact Study Dear Dave: DOBIE ENGf.E`iFERiriCi, TNC. 777 Hearthstone Dr. Boise, .LD R3702 (208)345-3290 M ~ Y - 31999 >~ The purpose of this supplemental analysis is to wnsider the marginal impacts of the addition of 100,000 sq.fl. of retail space to the approved Fanuly Center at Itiferidian ` At full buildout, the total traffic generated b}' the Center will increase by 2040 ~~ehicles per day. 1`loreover, this retail addition ~.~ili add a f,pr~:;imately 225 new peak hour trips. Site access will be available from Fairview Avenue via the Records Avenue intersection phrs two new driveways. It is anticipated that the new signalized Records Avenue intersection will receive the majority of the site traffic, especially the left-turning movements. The capacity analysis for this signal was recalculated to incltlde the additional traffic. The protected service levels are within the C/D range for al( approaches during the peak hour period. This capacity is'favorabte and. well within acceptable standards. Acceptable service levels will- also be achieved at tb:e site driveways tc Fairview Avenue where the predominant movements will be r•tght turns. • The findings of this supplemental analysis indicate that no significant traffic problems will result from adding the proposed retail space to the Family Center site. Sincerely, Patrick Dobie, P.F. `~ Dobie lrnginecring, Znc. .,.~-- # ~ interoffice M E M O R A N D U M g~~~~~ To: William G. Berg, Jr. ~ ~ ~~ .~ a}flQ From: Wm. F. Gigray, III C~~ {~~, ~~1~~~~ Subject: DEVELOPERS DIVERSIFIED REALTY CORP /DAKOTA COMPANY File: CPA-99-002 Date: November 11, 1999 r~ Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP, for the above matter, and set for the City Council meeting on Tuesday, November 16, 1999. Additionally, I have enclosed the original of the Resolution and Certificate of the Clerk. Please make sure once the Resolution has been passed to provide a certified copy to the Ada County Development Services, ATTN: Jeff Patlovich, Director, 650 Main Street, Boise, Idaho 83702, telephone number 364-2277, if you have any questions.. Please serve conformed copies of the Findings and Resolution upon the Applicant, Planning and Zoning Department, Public Works, City Attorney, and anyone who-has filed a demand for notice of Council's action. If you have any questions, please advise. msg/Z:\Work\M\Meridian 15360M\DeveloQers Diversified\FfClsDecQrdClkLtrCPA99002.CPA BEFORE THE MERIDIAN CITY COUNCIL 11-11-99 IN THE MATTER OF THE ) APPLICATION OF DEVELOPERS ) DIVERSIFIED FORA ) COMPREHENSIVE PLAN ) AMENDMENT TO CHANGE LAND) -USE FROM RESIDENTLAL TO ) COMMERCIAL .FOR 4000 E. ) FAIRVIEW AVE., MERIDIAN, ) IDAHO ) CASE NO. CPA-99-002 FINDINGS OF FACT AND. CONCLUSIONS OF LAW, DECISION AND ORDER .. AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP The above entitled application for amendment to the City of Meridian's Comprehensive Plan Generalized Land Use Map' having come on for public hearing before the City Council on the 3`d day of November, 1999, at the hour of 7:00 p.m., on said date at the. Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and appearing and offering testimony was Shari Stiles, Planning and Zoning Administrator, .and the Applicant, Larry Du'rlcin of Developers Diversified Realty / Dakota Company, Inc., appeared and testified, and no one appeared in opposition, and the Council having received the record of this matter from the Planning and Zoning Commission, and having received the "Findings of Fact and Conclusions of Law and Decision and Recommendation of the Planning and Zoning Commission on FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 1 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP. - DEVELOPERS DIVERSIFIED REALTY CORP. *= i this application, and having duly considered the matter, the City Council makes the following Findings of Fact, Conclusions of Law, Decision and Order Amending Comprehensive Plan Generalized Land Use Map. FINDINGS OF FACT 1. A notice of the time, place, and a summary of the proposed amendment plan to be discussed at the November 3, 1999, hearing was published fifteen (15 ) days prior to said hearing; copies of all notices were made avail"able to newspaper, radio, and television stations; the matter was duly considered at the November 3, 1999, public hearing; and the public was given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in the City of Meridian Comprehensive Plan and Idaho Code § 67-6509. 3. The property which is the subject of the application for amendment is herein described as follows to-wit: A parcel of land located in the NW 1/4 of the NE 1/4 of Section° 9, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the N 1/4 corner of said Section 9 from which the NE corner of said Section 9 bears South`89°22'32" East, 2659.01 feet; thence along the North-South center line of said Section 9 South 00°48' 14" West, 49.74 feet to a point on the South right-of-way line of Fairview Ave. FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 2 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - DEVELOPERS DIVERSIFIED REALTY CORP. (US Highway 30), said point being the RF,Ai, POINT OF BEGINNING; thence along said South right-of-way line South 89°35'24" East, 708.66 feet; thence leaving said South right-of-way line South 14°59'32" West, 276..87 feet; thence South 00°48' 14" West, 554.06 feet; thence North 89°35'24" West, 640.79 feet to a point on the North-South centerline of-said Section 9; i thence along said North-South centerline North 00°48' 14" East, 822.02 feet to the Real Point of Beginning, containing 12.30. acres, more or less. 4. The subject real property is generally located i/~ mile east of Eagle Road at 4000 E. Fairview Ave., Meridian, Idaho, and has 708.66 feet of frontage on Fairview Avenue,. and is approximately 822 feet deep and is presently in the county zoned County RT Rural Transition zone, and lies within the City of Meridian Impact Area boundaries,. and is subject to the Comprehensive Plan of the City of Meridian. 5. The City has complied with the referral process with Ada County for the requested amendment of `the Comprehensive Plan. 6. The Applicant is Developers Diversified Realty Corporation, of 3300 Enterprise Parlc Way, Beechwood, Ohio 44122. The owner of the real property is Terrace Lawn Memorial Gardens, Inc., Daniel Gibson and Carolyn Gibson of 1200 N. Cloverdale Road, Boise, Idaho, and 19500 Highway 20/26 Caldwell, Idaho. The FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 3 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - DEVELOPERS DIVERSIFIED REALTY CORP. Applicant filed a written Comprehensive Plan amendment application with the consent and permission of the owners of the real property. 7. Pursuant to the application, the affected property is generally described as a 12.3 acre`parcel I/z mile east of Eagle ..Road at 4000 E. Fairview Ave.; the affected property is currently designated Single Family Residential. 8. The Meridian City' Council takes judicial notice of its Zoning, Subdivision 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, Ord. No. 629-Jan.4, 1994 and Maps and Ordinance establishirig the Impact Area Boundary. 9. The Applicant requested"the Comprehensive Plan amendment and the application was notinitiated at the request of the City of Meridian. 10. The`proposed application requests a Comprehensive Plan amendment to change the designation of~the subject property from Single Family Residential to Commercial. The designation change as requested by the Applicant requires an amendment to the Comprehensive Plan of the City of Meridian. (City of Meridian Comprehensive.Plan, pg: 78-79). 11. The property immediately east and south of the subject parcel is an FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 4 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - DEVELOPERS DIVERSIFIED REALTY CORP. existing cemetery, which is located in Ada County. Applicant is requesting the Land Use Designation be amended to Commercial, in order to integrate the property into the Family Center at the Meridian project. The 1993 Comprehensive Plan Land Use Chapter states -Commercial and retail areas are established along the Fairview Avenue corridor. Section #4 of the Comprehensive Plan -Commercial Activity Centers, states - The location of Community Shopping Centers should be guided by performance and development standards which considerthat Commercial Activity Centers be located in proximity to other commercial developments and minimize impacts upon other adjacent areas. The Commercial Policies Section states -Community Shopping Centers will be encouraged to locate at arterial intersections and near high-traffic intensity areas. The reclassification of this project to land use of "Commercial" will meet all of these stated goals and policies, integrate the property into an existing commercial development arid provide a buffer from the existing cemetery to the south and east. It is highly unlikely that the property to the east of the subject property would change from a cemetery use, which„provides an excellent buffer to a commercial development. 12. The development intentions for the subject real property is to integrate the subject property into the existing Family Center at Meridian [this is the development which is subject to the conditional use permit for an 848,000 square FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 5 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN. GENERALIZED LAND USE-MAP -. DEVELOPERS DIVERSIFIED REALTY CORP:6• r foot retail shopping center which is a 74.74 acre site herein above mentioned]. It is the intent of the developer to create a commercially zoned .property including the subject .property which is approximately 24 acres in size. A Mixed Use Commercial development is planned in conjunction with the retail shopping center. 13. The conditions or situation which warrants a change being made from Single Family Residential to Commercial includes the fact that since the approval of the existing Comprehensive Plan there has been improvements to Eagle Road to make it a full five (~5) lane road, and the property along Fairview Avenue adjacent and to the west of the subject property all the way to the intersection of Eagle Road and Fairview has been approved for the Applicant's conditional use permit for an 848,00.0 square foot retail shopping center, which is a 74.74 acre site, which is now being built. Considering the subject application is an extension of that development, which has taken into account development conditions, and considerations to buffer the commercial development, and the heavy traffic on Fairview and Eagle Roads from the Single Family Residential development, which lies to the south of the retail shopping center and considering previous conditions at the time of the adoption of the Comprehensive Plan that all of said area was undeveloped and considering the existing conditions, trends, desirable goals and objectives, and the desirable future FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 6 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE. PLAN GENERALIZED LAND USE MAP - DEVELOPERS DIVERSIFIED REALTY CORP. r situations of this area. 14. It is found to be in the best interests of the City to grant the requested application to enable appropriate zoning of the subject area as the same shall be annexed into the City. CONCLUSIONS OF LAW 1. The procedural requirements of the Land Use Planning Act and of the Comprehensive Plan of the City of Meridian require notice of the time, place, and a summary of the proposed amendment to the Plan, the publication of which is to be fifteen (15) days prior to the hearing; copies of all notices are to be made available to newspaper, radio, and television stations. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendment Section; Idaho Code § 67-6509(b)). 2. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code (I.C. § 67-6509). 3. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Land Use Planning Act" except the power FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 7 OF I6 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - DEVELOPERS DIVERSIFIED REALTY CORP. to adopt ordinances by the establishment of a Planning and Zoning Commission by ` ordinance pursuant to Idaho Code § 67-6504 which the City Council.of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City' of Meridian.. 4. The City Council or any group or person may petition the Planning and Zoning Commission for a plan amendment at any time. The following requirements, time tables, and procedures to amend Meridian's Comprehensive Plan at pages 78 - 79 must be satisfied: A. Application to amend the Comprehensive Plan may be filed with the Planning and Zoning Commission at any time. B. The Applicant will submit a letter for a Plan amendment which will contain the following; 4.B.1 Specific definition of the change requested. 4.B.2 Specific information on any property involved. 4.B.3 The condition or situation which warrants a change being made in the Plan. 4.B.4 The public need for and benefit from such a change in the Plan. 4.B.5 Documentation that no other solutions to the problem are presented by the current policy of the Plan are possible or FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE. 8 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED' LAND USE MAP - DEVELOPERS DIVERSIFIED REALTY CORP. ~~ reasonable. 4.B.6 Development intentions for any land involved. 4.B.7 Any other data and information needed by the Planning and Zoning Commission in evaluating the proposal, such as who does it help, who does it hurt, how much is it going to cost and who is going to pay for it. C. No application will be considered until the required information is complete. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section). 5. The Commission may recommend amendments to the land use map dR component of the Comprehensive Plan to the City Council not more frequently than one every six (6) months. (Idaho Code § 67-6509(d); Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section) 6. The City Council may conduct a public hearing in addition to the public hearing conducted by the Planning and Zoning Commission as provided- by Ordinance, prior to adoption, amendment, or repeal of the Comprehensive Plan using the same notice and hearing procedures as the Commission, only after having received the Recommendations from the Planning and Zoning Commission. Idaho Code § 67-6509(b). 7. The Comprehensive Plan of the City of Meridian provides at page 79 in FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 9 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND- USE MAP - DEVELOPERS DIVERSIFIED REALTY CORP. Section F, G and H of the Section entitled "Comprehensive Plan Amendments" for the procedure to be followed. by the City Council upon receipt of the Planning and Zoning Commission's recommendations to as follows: F: Upon receipt of the Planning and Zoning Commission°s, recommendations on Plan amendments, the City Council will set a date for public hearing on the application. At the public hearing, the proposed amendments will be presented and the City Council will receive the report of is Committee, if one has been appointed, and public testimony on each application; G: At the public hearing or within 45 days thereafter, the City Council shall approve or deny the application (except that with the written agreement of the applicant, an additional amount of-time, which shall - be specified, may be taken). All applicants shall be notified by mail of the City Council's decision and the decision shall be supported by findings of fact and conclusions of law. If the City Council makes a material change in the proposed plan amendment it shall conduct one additional public hearing prior to adopting the proposed amendment as changed and may alter its findings of fact and conclusions of la~v. H: All. applications for Comprehensive Plan amendments shall be acted upon by the City Council within 16 months from. their date of filing unless, upon written agreement of the applicant, an additional amount of time may be specified, or unless the provisions of Section (1) are applicable requiring additional time- for study. 8. The Meridian Comprehensive Plan applies to the Meridian Area of City Impact.and the coordination of amendments and zoning applications in the Impact Area are as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 10 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - DEVELOPERS DIVERSIFIED REALTY CORP. k 1-11-6 Meridian City Code: Coordination of Amendments and Zoning A~~lications: "A. County and City Coordination: All applications for Ada' County and Meridian amendments to their respective comprehensive plans and implementing ordinances which apply within the area of City impact shall be sent by the entity considering such amendment to the other entity. A separate referral process shall be adopted by resolution by each entity regarding procedures and time periods for; and the effect of, sending such amendments, and such resolution may be amended from time to time upon mutual agreement in writing by Ada County and the City. + B. Applications To City: All Ada County applications for planned developments, subdivisions, rezones, private roads, and conditional use permits within the area of City impact shall be sent to Meridian, in accordance with the referral process arrived at pursuant to subsection A of this Section." 9. To change a designation from Single Family Residential to Commercial requires approval by the Planning and Zoning Commission as provided under the City of Meridian Comprehensive Plan, Implementation Chapter Comprehensive Plan Amendments Section. 10. Upon review of an amendment application relating to land use designations, the Council should take the following objectives into account: 10.1 Mixed-planned uses along the I-84 corridor, which are attractive and compatible with high-volume traffic corridors. 10.2 Designating ample land for urban expansion and infill. FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 11 OF 16 DECISION AND- ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - DEVELOPERS DIVERSIFIED REALTY CORP. I0.3 Quality residential- neighborhoods, north, south, east, and west of Old Town.., R 10..4 Planned mixed uses along I-84, Franklin Road, U.P. Railroad, and Fairview Avenue corridors. r ~ , 10.5 Buffers to the waste treatment plant. 10.6 Adequate school and park sites for quality living. 10.7 "The importance of maintaining compatible land uses to ensure an optimum quality of life. 10.8 Respect for the responsibilities and rights of land ownership. ;9 10.9 Reinforce the role of the City in regulating the use of land resources for the benefit of future generations. 10.10 Plan for multiple use of public facilities wherever feasible. 11. Upon review of an amendment application affecting residential designations, the Council should take the following policies into account: . 11.1 Support a variety of residential categories (urban, rural, single- family, multi-family, townhouses, duplexes, apartment`s, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. 11.2 Support strategies for the development of neighborhoodd`~parks within all residential areas. 11.3 Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE I2 OF I6 DECISION AND ORDER AMENDING COMPREHENSIVE r PLAN GENERALIZED LAND USE MAP - :DEVELOPERS DIVERSIFIED REALTY CORP. 1 l.4 Encourage sidewalks and paved streets for all existing neighborhoods through joint ACHD/Local Improvement District programs. 11.5 Encourage compatible infill development which will improve existing neighborhoods. 12. The requirements for a Comprehensive Plan are set forth in I.C. § 67- 6508. The statute provides in part that: "The plan shall consider previous and existing conditions, trends, desirable goals and objectives, or desirable future situations for each planning component. The maps and charts are based on the components of the written plan." DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND. CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order that: 1. The Applicant's request for Comprehensive Plan Amendment` to the Generalized Land Use Map Component to change the real property described in Finding of Fact no. 3 from a Single Family Residential designation to Commercial designation is granted. 2. The City'Attorney is directed to prepare for consideration by the City FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 13 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - DEVELOPERS DIVERSIFIED REALTY CORP. T Council the appropriate Resolution directing the Comprehensive Plan Land Use Map Component change of the subject real property from Single Family Residential to Commercial. 3. Subsequent to the passage of the Resolution, provided for in Section 2 of this Order, the engineering staff of the Public. Works Department shall prepare the appropriate mapping changes of the official Comprehensive Plan Generalized Land ' Use Map component in conformance with this Order and the provisions of the Resolution. 4. The City Clerlc is to notify and provide a certified copy of the Resolution to the appropriate Ada County officials to notify them of the Comprehensive Plan amendment. a FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 14 OF~ 16 DECISION AND ORDER AMENDING"COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - DEVELOPERS DIVERSIFIED REALTY CORP. 'NOTICE OF FINAL ACTION Please take"notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real .property which may be adversely affected by the issuance or denial of the Comprehensive Plan Land Use Map change may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by,Chapter`52, Title 67, Idaho Code. - s . , By action of the City Council at its regular meeting held on the 1 day of /~DV~ ~'': ~~,'`~ ~ .1999. ROLL CALL COUNCILMAN'RON ANDERSON COUNCILMAN GLENN BENTLEY COUNCILMAN KEITH BIRD VOTED VOTED VOTED COUNCILMAN CHARLIE ROUNTREE VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 15 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - DEVELOPERS DIVERSIFIED REALTY CORP. MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: l~ ~~ - MOTION: APPROV ISAPPROVED: msg/Z:\Work\M\Meridian 15360M\Developers Diversified\FfCIDecOrdCPA x ,~ ~~,(~ ~~~ ~C~, 14 l~~~tll+ltl Nttt+~'~!, Copy served upon Applicant, Planning and Zoning Department, Public Worlcs Department, appropriate Ada County officials, and the City Attorney. B /`~~~, ~ Dated: 'l / 'l .E~ l , Y~ City Cleric `i{t~~~~ttrttrrr~f FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - DEVELOPERS DIVERSIFIED REALTY CORP. PAGE 16 OF 16 ,+ Meridian City Council Meeting November 16, 1999 Page 8 ITEM 6. FINDINGS OF FACT'AND CONCLUSIONS OF LAW: REQUEST FOR"COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND USE OF 12.3 ACRES FROM°SlNGLE-FAMILY RESIDENTIAL TO COMMERCIAL BY DEVELOPERS DIVERSIFIED REALTY CORPORATION/DAKOTA COMPANY -SOUTH OF FAIRVIEW AND EAST OF RECORDS: Corrie: Item No. 6. This is a Findings of Facts and Conclusions of Law: Request for a Comprehensive Plan Amendment to change land use of 12.3 acres from single-family residential to commercial by Developers Diversified Realty CorporationlDakota Company, south of Fairview and east of Records. Staff. Stiles: Nothing, Mayor. Corrie: Mr. Rountree. Rountree: Mr. Mayor, procedural question. Were we going to see if there were any citizens that were wishing to testify on these items because of the process we went through last meeting? Corrie: I don't think we - Mr. Gigray, can we do that? I think we only had one that was continued public hearing. Gigray: Right. There was one and the rest you did not continue. There was some discussion as to whether or not a question might be asked by the Mayor or with leave of counsel if anyone was appearing tonight thinking there was a public hearing, on any of those matters. Bird: People left early, remember? Corrie: Is anybody here that left early that were going to testify on any of these Comprehensive Plan changes that we're going through tonight? Other than the - Item 17 which is single-family residential, mixed/planned use development for Touchmark Living Centers which is a continued public hearing. Gigray: Matter of procedure, Mr. Mayor and members of the Council, I'd recommend that for purposes, the record that you might direct that the minutes show that no one responded to that call. Corrie: So be the records. All right. Thank you, Mr. Rountree. Item No. 6. Okay. We're on Item No. 6. Comments? Bird: I have none. ... .__ v .. _ .....,._ Meridian City Council Meeting November 16, 1999 Page 9 Corrie: Okay. I'll entertain a motion on the Findings of Facts and Conclusions of Law. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the Findings of Facts and Conclusions of Law and Decision of Order, request for Comprehensive Plan Amendment to change land use to 12.3 acres from single-family residential to commercial by Developers Diversified Realty Corp/Dakota Company, south of, Fairview and east of Records. f Anderson: Second. Corrie: Okay. Motion made and seconded to approve the Findings of Facts and Conclusions of Law on Item No. 6. Any further discussion? Hearing none, the roll-call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES Corrie: I'll entertain a motion on the Resolution No. 264. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve Resolution 264 for the Mayor to sign and the Clerk to attest. Anderson: Second. Meridian City Council Meeting November 16, 1999 Page 10 Corrie: Motion made and seconded to have the Mayor sign and the Clerk to attest the Resolution No. 264. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES ITEM 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING TO C-C OF 13.09 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPORATION - 4000 E. FAIRVIEW, '/2 MILE EAST OF EAGLE ROAD: Corrie: Item No. 7 is the Findings of Facts and Conclusions of Law: Request for annexation and zoning to C-C of 13.09 acres by Developers Diversified Realty Corporation, 4000 East Fairview and '/2 mile east of Eagle Road. Staff, changes on Seven? Stiles: Mr. Mayor and Council, on Page 5, Paragraph 15, it's a little awkward because the Comprehensive Plan was just approved for change to make this commercial, but the way it reads is that the zoning is not consistent with the Meridian. Comprehensive Plan which designates a subject property is commercial. It would have been single-family residential, so I guess I would defer to legal counsel to how we can clean that up. Corrie: Mr. Gigray. Gigray: Mr. Mayor, members of the Council, the state of affairs at the time I drafted this was at this time we can reflect that the change has been in effect as you've just acted. The plan, the generalized land use plan has been changed by your action. We can change that Finding to reflect that. Corrie: Okay. Thank you. Anything else, Shari? Stiles: No, sir. Corrie: Okay. I'll entertain a motion, then, on Item No. 7. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we approve the Findings of Facts and Conclusions of Law and Order granting annexation and zoning for Diversified -Developers Diversified with the correction on Item 15, Page 5, the Comprehensive Plan has been changed to allow this. Bird: Second. .~ ~: ._ ~ _. PUBLIC SERVICE ANNOUNCEMENT (per state code 67-6509} NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on November 3, 1999, for the purpose of reviewing and considering the application of Developer Diversified Realty Corp. for an amendment to the Meridian Comprehensive Plan and Map to change the land use of 12.3 acres from single family residential to commercial south of Fairview and east of Records Drive. A more particular 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 8th day of October, 1999. PUBLISH October 13 and 27, 1999 ~, ~L~~--- WILLIAM G. BERG, JR., ITY LERK '``~`~,~~~,f+trfrt~r~a~tfff~r ~.~ T~ j. M • GN S~~L i ~ ~ ~ i / w '{f ~~~~~sa-~ ~s~ttit;'~~~s, ..~ re NOTICE OF HEARING Y . 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 6:00 p.m. on July 29, 1999, for the purpose of reviewing and considering the application of Developers Diversified Realty Corp. for an ,b amendment to the Meridian Comprehensive Plan and Map to change the land use of 12.3 acres from single family residential to commercial south of Fairview and east of Records Drive. A more particular 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 fior inspection during regular business hours. r~~~ . 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 2$t" day of June, 1999. ANGE L. SIMS, DEPUTY CITY CLERK , PUBLISH July 14 and 2$, 1999. ~: ~~;tit~,~:at~~~~~~trrr~rr .~ ~r 'rte`,-p~~ . T f 3~ • ~ ~~~~` k r~«rres~. taiitti~~~~ NOTICE OF PUBLIC HERRING 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 fi:00 p.m. on July 29, 1999, for the purpose of reviewing and considering the application of Developers Diversified Realty Corp. for annexation and zoning of 13.09 acres. The application requests a zone of C-C (Community Business District). ~.. Further the applicant requests an amendment to the Meridian Comprehensive Plan and Map to change the land use of 12.3 acres from single family residential to commercial south of Fairview and east of Records Drive. Further the applicant requests a rezone of 11.4 acres from I-L to C-C, which is generally located sou#h of Fairview Avenue and east of Records Avenue. A more particular description of the above property is on fife 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 ail interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 28"' day of June, 1999. PUBLISH July 14 and 28, 1999. ? ~~ ~ ~j ~~~ w k i ~ M. 9 7 ~~`i- Pit li CITY CLERK Y! --~.,,, ~~_ ~ ~ ~ ~~ ,--~:, PUBLIC SERVICE ANNOUNCEMENT (per state .code §67-6509) 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 6:00 p.m. on June 17, 1999; for the purpose of reviewing and considering the application of Developer Diversified Realty Corp. for an amendment to the Meridian Comprehensive Plan and Map to change the land use of 12.3 acres from single family residential to commercial south of Fairview and east of Records Drive. A more particular description of the above property is on fle 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 24t" day of May, 1999. ~~ ~~ ~ , WILLIAM G. BERG, JR., ITY CLERK PUBLISH May 26 and June 9, 1999 ~~4~ ~ ~ I sj#r°ea ~~~ :. 9 :~ 1 ., T '` F/~{'Ft! t 11 i it tttltll~t ..~,,: ** TX CONFIRMA~.!.~f4 REPORT ** ~~ ~ `~ DATE TIME TO/FROM 01 05/2? 09 26 2088882817 ~A AS OF MAY 27 "~~09~2? PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS G3--S 00'42" 001 074 OK PUBLIC SERVICE ANNOUNCEMENT (per state code §67-6509) 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, a ~ , k e Meridian, Idaho, at the hour of 6:00 p.m. on June 17, 1999, for the purpose of reviewing and considering the application of Developer Diversified Realty Corp. for an amendment to the Meridian Comprehensive Plan and Map to change the land use of 12.3 acres from single family residential to commercial south of Fairview and east of Records Drive. A more particular description of the above property is on file in the City Clerk's E office at Meridian City Hail, 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 24t`' day of May, 1999. ,, /~~,~• WILLIAM G. BERG, JR., ITY CLERK PUBLISH May 26 and June 9, 1999. t d '' ~o . L BEAK ~~ , -vim ~~ `~~ ** 7X CONFIRMA~ REPORT ** ~(,~r 2111(1n' DATE TIME TOiFROM 16 05126 15 31 92083776449 A5 OF MAY 26 '~ 15.32 PAGE.01 CITY OF MERIDIAN MODE MINiSEC PGS CMD# STATUS EC--S 00'22" 001 063 OK PUBLIC SERVICE ANNOUNCEMENT (per state code §67-6509) 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 6:00 p.m. on June 17, 1999, for the purpose of reviewing and considering the application of Developer Diversified Realty Corp. for an amendment to the Meridian Comprehensive Plan and Map to change the land use of 12.3 acres from single family residential to commercial south of Fairview and east of Records Drive. A more particular description of the above property is on fife in th® 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 24~' day of May, 1999. PUBLISH May 26 and June 9, 1999 WILLIAM G. BERG, JR., 1lY CLERK '~,~,a~ N~~tU~~~~~~~, ~( 1J~ a 8~L ~' ~ •~ Y '~. .~. ~~ ~,~i1PJ'Y'l ~ ~~ninu~ riitt~~~~~``\ ** TX CONFIRM~N REPORT ** ~'llc~ DATE TIME TOiFROM 14 05126 15 24 8845077 AS OF MAY 26 '~ 1524 PAGE.01 CITY OF MERIDIAN MODE MINiSEC PGS CMD# STATUS EC--S 00'26" 001 061 OK PUBLIC SERVICE ANNOUNCEMENT (per state code §67-6509) 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 B:00 p.m. on June 17, 1999, for the purpose of reviewing and considering the application of Developer Diversified Realty Corp. for an amendment to the Meridian Comprehensive Plan and Map to change the land use of 12.3 acres from single family residential to commercial south of Fairview and east of Records Drive. A more particular 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 submittestimony. DATED this 24'h day of May, 1999. PUBLISH May 26 and June 9, 1999 /G~~ ' WILLIAM G. BERG, JR., ITY CLERK a~~`~ sou. ~_ ~ ,~~ ;= ** TX CONFIRMA~ REPORT ** ~t ~~~ DATE TIME TOiFROM 13 05126 15 23 2068840745 AS OF MAY 26 '~15~23 PAGE.01 CITY OF MERIDIAN MODE MINiSEC PGS CMD#t STATUS EC--S 00'22" 001 ~ 060 OK PUBLIC SERVICE ANNOUNCEMENT (per state code §67-6509) 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 6:00 p.m. on June 17, 1999, for the purpose of reviewing and considering the application of Developer Diversified Realty Corp. for an amendment to the Meridian Comprehensive Plan and Map to change the land use of 12.3 acres from single family residential to commercial south of Fairview and east of Records Drive. A rrare particular 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 24~' day of May, 1999. PUBLISH May 26 and June 9, 1999. ~~~~~ ' WILLIAM G. BERG, JR., IN CLERK 't ''~, .~ a,~ -r r z_ S~L - - ~ 1~~ ~: ** TX CONFIRM~N REPORT *~ Ch.7 DATE TIME TOiFROM 12 05126 15 22 1 208 378 1762 AS OF MAY 26 '9S 1523 PAGE. 01 CITY OF MERIDIAN MODE MINiSEC PGS CMD# STATUS EC--S 00'2?" 001 058 OK PUBLIC SERVICE ANNOUNCEMENT (per state code §67-6509) 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 6:00 p.m. on June 17, 1999, for the purpose of reviewing and considering the application of Developer Diversfied Realty Corp. for an amendment to the Meridian Comprehensive Plan and Map to change the land use of 12.3 acres from single family residential to commercial south of Fairview and east of Records Drive. A more particular 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 24~' day of May, 1999. PUBLISH May 26 and June 9, 1999. WILLIAM G. BERG, JR., lTY CLERK r``,`,d~~ ~~/t~nlhr„~~''''',',, .~ ~~~ y ~^ ~ ,~ `, I~~,1 `\\ '1JvAfF~ ~ ~~ ffffffl(/11 It 11111\\\\ ** TX CONFIRMA JN REPORT ** ~~~ - ~ DATE TIME TO/FROM 11 05/26 15 21 2083816682 AS OF MAY 26 '~15~22 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMDt3 STATUS EC--S 00'2?" 001 056 OK PUBLIC SERVICE ANNOUNCEMENT (per state code §67-6509) 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 wilt hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian; Idafio, at the hour of 6:00 p.m. on June 17, 1999, for the purpose of reviewing> and considering the application of Developer Diversified Realty Corp. for an„ amendment to the Meridian Comprehensive Plan~and'Map'to change the land use of ~12.3'acres from'single family'residentiatto commercial south ofFairview.and east of Records Drive., A more. particular 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 regu{ar.business hours. T,. 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 t®stimony., DATED,this 24th day of May, 1999. "= PUBLISH May 26 and June 9, 1999. ~~ ~~,,~Z , WILLIAM G. BERG, JR:, ITY CLERK ~o S$~L 7 ,~ 'O,,~T tst • ~.~ ~s ~,, ~ ~ ~. 380 EAST PARKCENTER BLVD. SUITE 100 BOISE, IDAHO 83706 ** TX CONFIRM~N REPORT ** ~. ~ DATE TIME TOiFROM 10 05126 15 19 208 336 1106 AS OF MAY 26 'y~3 1519 PAGE.01 CITY OF MERIDIAN MODE MINiSEC PGS CMDtt STATUS EC--S 00'26" 001 055 OK PUBLIC SERVICE ANNOUNCEMENT (per state code §67-6509) NOTICE !S 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 6:00 p.m. on June 17, 1999, for the purpose of reviewing and considering the application of Developer Diversified Realty Corp. for an amendment to the Meridian Comprehensive Plan and Map to change the land use of 12.3 acres from single family residential to commercial south of Fairview and east of Records Drive. A more particular. 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 24~' day of May, 1999. PUBLISH May 26 and June 9, 1999. WILLIAM G. BERG, JR., I CLERK aa'~ ~,! ~~ ' ,~ , 9~~~T ~~ , P~`~ ,~ .: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 6:00 p.m. on June 17, 1999, for the purpose of reviewing and considering the application of Developer Diversified Realty Corp. for an amendment to the Meridian Comprehensive Plan and Map to change the land use of ~. 12.3 acres from single family residential to commercial south of Fairview and east of Records Drive. 4 4 ~, Amore particular description of the above property is on file in the :City Clerk's ~ 3 f °,, l 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 24~" day of May, 1999. PUBLISH May 26 and June 9, 1999. ~~~ ~ WILLIAM G. BERG, JR., CLERK ~~ . ~~ ~~ }_ _ ~'r ~ r~ r w r .- r7 i p ,p* .~", ~~, w. "t~ .". ~. il~~~tf#t¢fttt!!!,!t! i °~k .~~ // U U _ \~ _/ w \Y/~ V /~ TO "/ b v ~\ `- r- ,tiJ ~,~ _ m ~ ~" '. w N J ~ f. • ~1~~ w ~~d~ U / ^ J ~ /^fJ\`~ ~~~ \y \~ i y' Imo'" \~1) ~\ `,.~ rT I N o' ~ ~ ~.. 1 N 4,' 1 ~ x C a W O i + ~ i \~ I ,--- ~ ~ I I J m I Ir m ~ ~ p o ~ i ~, - p_~ ~ ~ ~ m !i 1 D _; ~ I ~ r r ~ - D ~ r, Z 0 ~.\ m z ~ -_ ** TX CONFIRI~ON REPORT ~x* AS OF MAY 249 13 13 PAGE.01 CITY OF MERIDIRN DATE TIME TOiFROM 08 0524 13 12 208 888 1097 MODE MINiSEC PGS CMD#t STATUS EC--S 00'31" 001 004 OK PUBLIC SERVICE ANNOUNCEMENT (per state code §67-6509) 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 6:00 p.m. on June 17, 1999, for the purpose of reviewing and considering the application of Developer Diversified Realty Corp, for an amendment to the Meridian Comprehensive Plan and Map to change the land use of 12.3 acres from single family residential to commercial south of Fairview and east of Records Drive. A more particular 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 24~' day of May, 1999. WILLIAM G. BERG, JR., ITY CLERK PUBLISH May 26 and June 9, 1999. ~1 ~~ ~~AL 9 ' '`~ ~~ • ~ • DAKOTA COMPANY, INC, May 03, 1999 Ms. Shari Stiles Planning Director City Of Meridian 200 East Carlton Suite 201 Meridian, Idaho 83642 RE: Comprehensive Plan Amendment Application 13.09 +/- Acres - 4000 East Fairview Avenue Dear Shari: Enclosed is an application for a Comprehensive Plan Amendment for a parcel of land located at 4000 East Fairview Avenue, approximately one half mile east of Eagle Road. All of the required documentation is enclosed, along with the required application fee of $1,100. Please review. Should there be any question please fell free to contact me. Sincerely, Tom Bauwens VP Construction Dakota Company, Inc. E-gr.Developers Diversified Realty Corp. ^ PHONE (208) 343-5223 FAX (208) 343-4954 380 EAST PARKCENTER BLVD. SUITE 100 BOISE, IDAHO 83706 MAY-06-99 10:14 FROM:DEVELOPERS DIVERSIFIED ID: 2162471116 .~-~° ~ ., , ~ ~~ .-ate- _~"• Deve opens =- ~iversifie ...:.. .. .. - ~ ~ ,, ~' , ,'`litiea . rart~~n .. JOAN u_ Aucooo Vice President. Secretary and General Counsel May 6, 1999 VIA FACSIMILE (208) 887-1297 Ms. Shari Stiles Planning Department City of Meridian 200 E. Carltan Meridian, Idaha 83642 Re: Authorization to File Applications Dear Ms. Stiles: PAGE 2/2 With respect to property located at the intersection of W. Fairview Avenue and Records Avenue, please be advised that Larry J. Durkin, President of Dakota Company, Inc., is authorized to execute and deliver to the City of Meridian. the following documents on behalf of Hermes Associates, Ltd: and Developers Diversified Realty Corporation: 1. Application for Comprehensive Plan Change; 2. Application for Rezoning; 3. Application for Annexation Request; and 4. Any other documents required in connection with the filing and processing of such Applications. Very truly yours, JA:jj cc: Larry J. Durkin 3300 Enterprise Parkway, P.O. Sox 228042, Beachwood, Ohio 44172 Tel: (216) 7S5~656 Fax: (216) 75S16S6 or (216) 755-1678 jallgood(~ddrc.com MAY 06 '99 09~2E~ 2162471118 PAGE. 02 ENGl~y • ~~ Fc~`,P `~ Hl1BBLE ENGINEERING, INC. ~ 9550 Bethel Court ^ Boise, Idaho 83709 208!322-8992 ^ Fax 208/378-0329 0 SURVE Project No. 9904000 DESCRIPTION FOR FAMILY CENTERS AT MERIDIAN ADDITIONAL PROPERTY ANNEXATION April 30, 1999 A parcel of land located in the NW1/4 of the NE1/4 of Section 9, T.3N., R.1E., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the N1/4 comer of said Section 9 from which the NE corner of said Section 9 bears South 89°22'32" East, 2659.01 feet; ,thence along said section line South 89°22'10" East, 708.49 feet; thence leaving said section line South 00°37'28" West, 47.09 feet to a point on the South right-of-way line of Fairview Ave. (US Highway 30); thence leaving said South right-of-way line South 14°59'32" West, 276.87 feet; thence South 00°48'14" West, 554.06 feet; thence North 89°35'24" West, 640.79 feet to a point on the North-South centerlines of said Section 9; thence along said North-South center line North 00°48'14" East, 871.76 feet to the Real IPoint of Beginning, containing 13.09 acres, more or less. Prepared by: RUBBLE ENGINEERING, INC. ~~ ~~~~ -, ~+ 7 ~'~ ~ ~ ~~~~® , a~,. ;G. ~:~. GGC/vw/t'amilycentersMerid-annex Gregory G. Carter, P.L.S. ~~, FF. a~ 9y0 SURVEyO • • HIIBBLE ENGINEERING, INC. 9550 Bethel Court .,Boise, Idaho 83709 Project No. 9904000 DESCRIPTION FOR DDR COMPREHENSIVE PLAN PARCEL 208/322-8992 ^ Fax 208/378-0329 April 30, 1999 A parcel of land located in the NW1/4 of the NE1/4 of Section 9, T.3N., R.1E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the N1/4 corner of said Section 9 from which the NE comer of said Secfion'9 bears South 89°22'.32" East, 2659.01 feet; thence along the North-South center line of said Section 9 South 00°48'14" West, 49.74 feet to a point on the South right-of--way line of Fairview Ave. (US Highway 30), said point, also being the REAL POINT OF BEGINNING; thence along said South right-of-way line South 89°35'24" East, 708.66 feet; thence leaving said South right-of--way line South 14°59'32" West, 276.87 feet; thence South 00°48'14" West, 554.06 feet; thence North 89°35'24" West, 640.79 feet to a point on the North-South centerline of said Section 9; thence along said North-South center line North 00°48'14" East, 822.02 feet to the Real Point of Beginning, containing 12.30 acres, more or less. Prepared by: RUBBLE ENGINEERING, INC. ,~ ~~_ ~© .~~, ~ ~i~lq~ Q ~,~ ~~.~ ~b ~cA~ ~;~ v GGC/vw/F=amCtr-DDRCompPtan Gregory G. Carter, P.L.S. AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss COUNTY OF o,,; ) We, Daniel G. Gibson, Jr. and Carolyn A. Gibson, 19500 Highway 2026, Caldwell, Idaho, being first duly sworn upon oath, depose and say: 1. That we are the record owners of the property described on the attached, and we grant our permission to Developers Diversified Realty Corporation to submit the accompanying application pertaining to that property. 2. We agree to indemnify, defend and hold City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this :~~ day of April, 1 _ ~. Daniel G. Gibson, Jr. Carolyn A.~ibson SUBSCRIBED AND SWORN to before me the day and year first above written. Notary Public for Idaho Residing at: ~,,c~,w.~~ My commission expires: 5 - I ~ - Z~3 AFFIDAVIT OF LEGAL INTEREST S:\Clients\5419\1\Affidavit - GIBSONS.wpd • AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss COUNTY OF ~dc~ ) I, Timothy T. Gibson, 1200 North Cloverdale Road, Boise, Idaho, being first duly sworn upon oath, depose and say: 1. That I am the President of Terrace Lawn Memorial Gardens, Inc., the record owner of the property described on the attached, and Terrace Lawn Memorial Gardens, Inc. grants its permission to Developers Diversified Realty Corporation to submit the accompanying application pertaining to that property. 2. Terrace Lawn Memorial Gardens, Inc. agrees to indemnify, defend and hold City of Meridian and its 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 !s day of April, 1999. TERRACE LAWN MEMORIAL GARDENS, INC. .-- ~. Timothy T. G' son, President SUBSCRIBED AND SWORN to before me the day and year first above written. Notary Public for Idaho Residing at: ~,,,~.: My commission expires: ~,' - ~ ~ ~ Z~u3 AFFIDAVIT OF LEGAL INTEREST S:\Clients\5419\1 Wffidavit -TERRACE LAWN.wpd ME~?IAlV COMPREHEIVSIVE~'LAIU (GENERAL,IZED L:~IYD USE N1AP INI~ RASTRUCTLIRE PLANNING ANALYSIS COA'IPREIIENSIVE PLAN AND 1~iAP ADOPTED ON DECEMBER 21, 1993 rv 0111\7)F.N RLVD. '<Z. ~. ~'~r R lE .-___r.____..._.__..___.__._~__ ~_ ~~ I : ~ fi W'- _ .. ~ a ~ ~ ~ I t. t „s. ~ ~ :~ [ 3 . Fs, ~ A ~ ~CchDLL. ' 1: _. i SCAL." _ !3G f ~€ ~ .~ " - - ------ ------ --- ---- t+ ~ cy h .,, ;, ~., n ,.. ~ O ~ F ~, _ ,~;: ~p J 1 X /-~ } ~ ...i : i I ,.a a S '. c :. .. , ~ , -.. : ..: y, .. r i 1 ih s.__ I. t +/ s r l w~ o ,! b ~J y~ ~ y r -. n ~ ' of a .-•4. 1 ~`~ tom- t 7 1 y~ ~f 3a 41, o- ea f r ~ `""t~~T.. •. ' . ,,@@ i c i fi' f 1 i r • ~ ?36' .~~ _ ~"~ +! ~."4`% I~irf Est e f ~'d fi!S< t~~ ~. !f'.t P as ~ a ~n Ir ___ ~ t I '.r., ~ ' , ~` "''~` flf is r f ~ ~ ~~ _3 ~' Tom. II ~~ ,__.....~ , - i- _ ~,~ ~Y~ ~ ' - 1 { i i~l ~) f i ICI. _~ `~ ~., ~ i III ~ ~/ _ , I ~ r ~ l t° ~ ,fix `''' jf,'T." ~ ~ II ~ I~. ~ ~ a a "f ea ~SII I '~ ~ ` .~ ; ,~ t , y..~,~f. J~+' ~,.^rMe. ~~;t-_ $ , ~ n "alit j., ~ ~~ r.~ . ~ - - .~D _ ~~ U .,_._.. i is LEGEND ..._.,..... I - - - _ ~ -~- , PROPOSED SCHOOL ~+- , I ' ~'~ EX1SThVG URBAN EXISTING SCHOOL ,SINGLE FAMIL)' RESIDEIJI:!AL Z ~ PROPOSED FIRE ~_ I ;UIXED RESIDENTIAL ~ M ~ EXISTING FIRE ~~ t~ GENERAL INDUSTRAII. f ~ STORAGE iA/ELL ~ ;_ L1GH7 INDUSTRIAL A • EXISTING WELL - ~~)'%'1T"uL +~ ^ COMMERCIAL PROPOSED 1AlELL ~'r, ~ ;~;~ AGRICULTURAL ! RURAi RESIDEi,'TIAL ~ - ~ ' N ; , /~!/' URBAN SERVICE PLAri0VlP1G BARKS ~ AREA 80UI~IDARY ® ~ ~ = E-F ' s ~ '\ s :LIEDICAL FACILITY ' :' IMPACT AREA BOUNDAR)'q~ j ~„ ,~ +' ,. ~ ~ J'~ IMPACT AREA ADJUSTI,~ErVT ~ M1XED !PLANNED USE DEVELUPMEi:Ii t~ ., ; ~„} ~ I ~ I - I J 1MPACT AREA ADJUSTMEIVT dDA COUNTY ~~ f /1. FUTURE PATHINAVS ~ ~~,, x_O_.1 I ~,+ ~ PROPOSED SEWER TRUPIK EXTENSIONS ~~ .~...~.....y.^^~^~~~-~ -~~~~~~~ ~~-I I , , C1TV LIPAI TS ~ , ,.,~M ..~,. .~,. ,.,.,A ..A. "61ERIDIAfJ COA.IPREHEiVSIVE P(PN ,,, .SEWER TRUNK DRAINAGE BOUfdDARIES `°"°""'"'-`"41 ""• """ FUTURE I-8A OVERPASS rroQws„mcnn: narrsm ~.~„cnns ~~i~ ~ ~ W. • • ~.~~ ~•,,.... •: .~ • ---~14 __~ - I. I I Ilk ; I: I III iii II ICI f yl ` G 11, ~a~ o-= t~NV- xrK rr8~ ~~~~ ~` r ~ ~ C •~ ,. C E . - _ _ _ _ _ - - _ ~- _ - - __ 49 410 _ ____-_r____ _~_-L_ __ __~____1. I su. I ~• ~: I wscr..nar sos yyg r I I 7 ~ I I I i 3 _~ I .... « .j ' ~h d 4d I ~~ I /N .~. .~ I I I I I ~~' ~ I I I ( a rs+n+Er• A~F. I s ssv'rcr c i6 s ~, r I ~~ us[ I ~ I i DET~L 'A' I rt I ~ _ I I r-_ ~ ~ i i ` i i i ` i ~ >.~m uc I sauossr we v I I$ ~ . i i ~ `~r ~ ~ a~a su. ~n it ~ i _ .~_t-___---~_~______________ er i hoar sroa vac iw' i l i ara~ s~ I i ~ PARCEI 2 ~ `` - i 12.30 ACRES E ~.~ ```` ~~ SJ5.822 SQUARE FEET 1 ___-' I ~ ~ jI ~ ~ H = _ ______________~ ' I ..w.,~.~ ,1• ~- I ~,,,~ sd;~ I •__ __ N6916'21'N 610.79' __ -~~ PROJECT SITE Ct// ° 49 J~~ ~ ~y"~,~~ yd s N ~~ 7C DAKOTA COMPANY, INC. May 03, 1999 Ms. Shari Stiles Planning Director City Of Meridian 200 East Carlton Suite 201 Meridian, Idaho 83642 RE: Comprenhensive Plan Amendment Application 4000 - East Fairview Avenue Dear Shari: Please be advised that the Applicant will post the property 1 week prior to the Public Hearing. The posting will contain the name, description of zoning amendment and time and date of the Public Hearing. The Applicant has read the contents of the application -and verifies that the information contained therein is true and accurate. Sincerely, Tom Bauwens VP Construction Dakota Company, Inc. For Developers Diversified Realty Corp. ^ PHONE (208) 343-5223 FAX (208) 343-4954 380 EAST PARKCENTER BLVD, SUITE 100 BOISE, IDAHO 83706 . ~~ , • _ • ~. PURCHASE AND SALE AGREEMENT between DANIEL G. GIBBON Jr., AND TERRACE LAWN N>ENIORIAL GARDENS, INC. as Seller and DEVELOPERS DIVERSffIED REALTY CORPORATION as Buyer Dated: 1~Iarch ~, 1999. Location: 4000 East Fairview Avenue Ada County Meridian, Idaho S''Cliznts~5-t l9•~ 1'•Draft Purch~sz ?.grzzmznt - CLI.~.pd 1 PURCHASE AND-SALE AGREEMENT + ~ ;•~ ~ . _ ~ a . t . rt 'f. i 3. a ~ Y a 3 1 , ~.ltk THIS P..URCHASE ~vD SALE AGREEiV1ENT (`°Agreement") is entered into as of :, March , 1999, by. and..between•DAiN1EL G. GIBBON, JR. and CAROLYN A:'~ GIBBON, husband and wife, and TERRACE LAWN MEMORIAL GARDENS; ]NC:.;,~an Idaho corporation (hereinafter collectively referred ("Seller"), and-DEVELOPERS DIVERSIFIED REALTY ~, CORPORATION;;a corporation; nor its Assignee (r`Buyer';), also aParties',' or "Party.;' iE •. , _, a ak .. rr n~~+ ~ ~ G .~ ,P ~. ~ T ~ .. 1 -.. ~. }fie ~4~; , t 4 fi ii _ 1~., PROPERTYs AGREEMENT OF PURCHASE-AND SALE. Seller owns.in fee°that certain real ~property,consisting~of approximately 12.3 acres located at approximately 4000 East Fair`ew;,Ada County; Meridian, Idaho, as more particularly described in Exhibit A; attached hereto (the"Property;'), According and subject to all of the provisions of this Agreement,,Seller agrees,to sell,and Buyer agrees to buy the Property.•w. ~ ~.t ~ a .., ~ 4 3 2. PURCHASE .PRICE. The Property purchase price is two million:~nine hundred fifty,thousand dollars ($2,950,000.,00) ("Purchase Price")._ -The~Purchase Price shall be; paid at; ~1. Closing .(defined later), by cashier's. check, certified check or by wire transfer of funds to an account designated by Seller in immediately available funds ("Good Funds"). t •~ ~ ~ ~ 3: CONDITIONS PRECEDENT: , _ ~_ ,_ ~ - d . ~ ~ ~ - ~ 1, _ ~ a,-r w , . a. Conditions. • The following are the conditions precedent ("Co.nditions' ~),-each ~of which' must be satisfied fully or~waived in,writing,by'Buyer, on or before,the expiration of the .Inspection,Period (defined later) or such earlier.,date as•specified herein,before Buyer:is obligated to purchase-the Property and all Conditions:must remain "satisfied ~(if~not ,waived) as of the ~'.• _, Closing: Buyer:"agrees` to exercise due diligence to` satisfy the Conditions prior to ,the expiration of the Inspection Period and Buyer shall.be reasonable in making all.,. determinations-and, opinions to satisfy;the Conditions. The Conditions^are: ,tl•' - - , . - s, t~ r ' (i) Buyer shall have received,a~preliminary title report ("PTR", the cost of which shall be~born by Seller) from the Title Company (defined later) on the Property within three (3) days of the execution of this. Agreement and determined that the Property is not subject; to any title exceptions that would impede the developmentor contemplated use of the'Property other than current taxes not delinquent and those title exceptions set forth on~Exhibit B attached hereto S:`.Cliznts!~419` l'.DraR Purchase ~e:mtnt -'CL1.wpd ~ (the "Permitted Exceptions"). Within thirty (30) days of receipt of the PTR by Buyer, Buyer shall notify Seller in writing of any exceptions appearing on the PTR to which Buyer objects ("Title Objections"), which Title Objections shall not include the Permitted Exceptions. Failure by Buyer to object timely to any exceptions to title known to the Buyer or contained in the PTR shall be deemed approval thereof. Within seven (7) days of receipt of the Title Objections, Seller shall notify Buyer in writing of which Title Objections Seller agrees to remove at or prior to Closing ("Removed Objections") and Seller represents and warrants that the Removed Objections will be cured or otherwise removed at or prior to Closing. Seller hereby agrees that it will remove any Title Objection which: (i) is a monetary lien against the Property (other than any monetary lien which Buyer agrees to assume and is assumable by Buyer); and (ii) is an exception for any party with rights to possession of the Property. In the event Seller refuses to convert any Title Objection to a Removed Objections or in the event Seller fails to remove or cure any Removed Objections at or prior to Closing, Buyer may elect, at its exclusive option to cure, and to charge back Seller's account, and deduct from the Purchase Price the cost thereof, and/or to approve such Title Objections as a Permitted Exception by delivering notice of such election to Seller prior to Closing, or Buyer may terminate this Agreement by notice to Seller. If Buyer terminates this Agreement as provided in this Section, Seller shall refund and direct Title Company to refund the Initial Deposit (defined later) to Buyer. (ii) Buyer shall have ninety (90) days (the "Inspection Period") from the mutual execution of this Agreement, at the sole cost and expense of Buyer, to perform or caused to be performed: project feasibility studies, physical inspection of the Property, and the surrounding property, review and approve (in Buyer's necessary and prudent discretion) pertinent documents, plans, specifications, surveys, including ALTA survey if desired by Buyer, environmental reports and studies, and any other information deemed necessary by Buyer in evaluating the Property. If the transaction contemplated in this Agreement does not close, Buyer shall provide Seller with copies, without cost, of all studies, reports, assessments or other materials related to Buyer's inspection of the Property and, in any event, Buyer shall provide Seller with a copy of the Phase 1 (defined later). Notwithstanding anything to the contrary contained in this Agreement, Buyer may not conduct, or have conducted on its behalf, any environmental review, test or inspection of the Property in greater detail than a Phase 1 inspection ("Phase I ") without the prior written consent of Seller. If the Phase 1 suggests that a greater detailed environmental review, test or inspection of the Property may be warranted, and Seller does not approve such further inspection, Buyer shall be entitled to receive the Initial Deposit (defined later), and this Agreement shall be terminated and the parties shall have no further S:~.Clien~s~.~419' 1 Draft Purch~sz ~gz:mznt - CLI.++~pd .` obligations except those obligations that survive termination of this Agreement. ~ - t~ t a (iii) Seller shall demonstrate its ability to grant to Buyer, via the statutory warranty deed, enough frontage upon the street known as East Fairview for an alignment of Venture Street, including without limitation, constrained or offset alignment, with a public road to ~~be built by Buyer along the easterly boundary of the Property to a depth of eight hundred twenty two (822), as depicted on~Exhibit D, to be approvable by the ACFID. Such frontage shall be insurable by the Title Company title policy and subject to the ALTA survey. .. (iv) Within the Governmental Approval Period, as the same may from time to time be extended, Buyer shall have received all Entitlements and all other discretionary and/or regulatory approvals so that'the Property may be developed by Buyer in accordance with Buyer's contemplated'use. 4. INSPECTION PERIOD. Buyer shall approve or waive all Conditions set forth above in writing on or before 5:00 p.m., I~I.T. on the last business day of the Inspection Period, which shall be not less than ninety (90) days from the date Buyer executes this Agreement. If Buyer has not provided such a notice of approval and waiver or disapproval of the Conditions prior to the expiration of the'Inspection Period, Seller shall have the right to provide written notice of the expiration of the Inspection~Period to Buyer. Buyertshall have five (~) days from receipt of said notice to approve or waive all Conditions. In the event Buyer has not approved or waived all Conditions in writing on or before the expiration of the five (5) day period after Seller's notice, and if the Inspection Period has not been extended in writing by the Parties, Seller may terminate this Agreement by delivering notice of such'termination to the other Party, in which event, the Initial Deposit shall be returned to Buyer, and both Parties shall be relieved of any further liability. 5. RIGHT OF GENTRY. Seller grants Buyer the right to enter upon the Property to conduct its investigations, including, without limitation, surveys, site analyses, soils, tests, engineering studies, appraisals and other investigations. Buyer agrees that it shall comply with all applicable law in its activities on the Property prior to Closing, that no liens shall be filed against the Property prior to Closing as a result of Buyer's activities on the Property, and, if any such liens are filed, Buyer shall promptly discharge the same. Seller's grant of this right of entry to Buyer shall in no ~vay establish an agency relationship between Seller and Buyer, nor shall this Agreement be deemed or construed as constituting the consent or request of Seller, either express S:`CliznLS\5419'~•1'Draft Purchasz `lgzzmznt - CLI.«pd • compliance with any subdivision laws, rules, permits, and regulations as may be required by governmental requirements and permits, excluding therefrom however the within referred to Entitlements; provided, however, that Buyer shall be responsible, through the Entitlements, for causing the Property to be acquired hereunder to meet any subdivision requirements. c. Environmental. (i) Seller has no knowledge that Seller is not in compliance with all applicable environmental laws, directives, orders, or requests for production issued by any federal and state governmental entity or agency with respect to the Property. (ii) Seller discloses and Buyer acknowledges that the Property has been used as a commercial nursery, which use has included the application of fertilizers and other chemicals to the Property. Seller has no knowledge that Seller has used, generated, treated, stored, disposed of or otherwise handled, nor to its knowledge have any of its lessees, sublessees, or contractors or other similar third parties used, generated. treated, stored, disposed of, or otherwise handled, Hazardous Substances (as defined below) to the date of Closing, in a manner that has caused or contributed to a release, threatened release, discharge or emission of any Hazardous Substances on the Property in violation of applicable laws.. (iii) Seller has no knowledge of any underground tank or other underground receptacle for Hazardous Substances which is currently located on the Property. (iv) Except as set forth herein, the Seller is not a party to any Environmental Claims (as defined below) nor has it received any written notification or has knowledge of alleged, actual or potential responsibility for, or any inquiry or investigation regarding any release, threatened release, discharge or emission at any location on the Property of any Hazardous Substances generated or transported by the Seller. The Seller is not listed as a potentially responsible party under CERCLA, any comparable Idaho statute or other applicable la~v, and the Seller has not received such a notice of such a listing. (v) The Seller has no knowledge of any pending or contemplated property damage, bodily injury, toxic tort, wrongful death, business interference or other claims against Seller arising from the release, threatened release, discharge or emission of Hazardous Substances at or from the Property. S.'.Cli<nts\5-i19\1'Dr~Purch~szAgetmtnt -CLI.~+pd 6 (vi) Definitions: 1. For purpose of this Agreement, "Hazardous Substances" shall mean (i) any "hazardous substance" as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA") (42 U.S.C. ~~ 9601 et seq.), as amended, and rules and regulations promulgated thereunder; (ii) any "hazardous waste" as defined by the Resource Conservation and Recovery Act of 1976 ("RCRA") (42 U.S.C. §~ 6901 et seq.) as amended, and rules and regulations promulgated thereunder,`(iii) any substance regulated by the Toxic Substances Control Act (42 U.S.C.§§ 2601 et seq.), as amended, and rules and regulations promulgated thereunder, (iv)~any radioactive materials but not including naturally occurring radioactive materials which maybe present on the Property, (v) any substances regulated under the underground storage tanks provisions of Subtitle I of RCRA (42 U.S.C . §§ 69991 et seq.), as amended, and rules and revelations promulgated thereunder, and (vi) any other substance, waste, pollutant, petroleum product (including crude oil or any derivative thereof) contaminant or material to which a local, state or federal agency may require an environmental investigation and/or environmental remediation. 2. For purposes of this Agreement, "Environmental Claims" shall mean any liability, claims, suits, actions, damages, costs, orders, decrees; assessments, fines and penalties, including court costs and reasonable attorneys' fees, arising out of or relating to any claims, suits, actions, demands, orders, decrees, assessments, fines or penalties by third parties including enforcement or other administrative proceedings brought by a local, state or federal agency, and including any property damage, bodily injury, toxic tort, wrongful death, or business interference claims which arise out of the occurrence of a release, threat of release, discharge; treatment storage. disposal, recycling or transportation of Hazardous Substances. d. Seller to Cooperate. Seller represents that Seller shall consent and agree to use commercially reasonable efforts to cooperate and join with Buyer at no cost or expense to Seller, whenever requested by Buyer, in Buyer's efforts to acquire and obtain the Entitlements, and all other permits and authorizations. e. True and Complete Records. Seller represents that Seller believes that the records, documents and things provided by Seller to Buyer for Buyer's inspection and all other submissions relating to the Property provided by Seller, are true and accurate in all material _ respects. S'.C(ients\Sd 1911'`Draft Purchase Agreement - CLl.~tipd ~ r ~~ 8. BUYER'S COVENANTS. In the event this transaction closes as contemplated herein: a. Buyer agrees to, within a period of not to exceed thirty-six (36) months commencing upon the Closing Date (defined later), at Buyer's cost and expenses, construct a public road on the Property to ACRD standards and as required by the Entitlements along the easterly boundary of the Property to a depth of eight hundred twenty t~vo (822) feet, as depicted on E;chibit D. Such road shall be constructed upon the Property and will allow access into the adjacent remaining property of the Seiler to the rear, and will also allow access into the adjacent cemetery. Buyer shall also construct and provide appropriate buffering and landscaping along the adjacent cemetery. The road shall provide easements for utility installations and connections to the cemetery and the property to the rear. Buyer shall also pay the cost of a traffic signal if allowed at such road intersection. Buyer will seek approval of such a signal. All construction required under this section shall be done in such a manner as to maintain the existing access, or other access which is reasonably acceptable to Seller (and as required under the Entitlements}, for Seller's adjacent cemetery property. b. Buyer shall provide adequate buffering on the south (rear) of Buyer's project. Buffering to include without limitation: block wall, burming and landscaping, lighting designed to minimize glare and illumination onto adjacent properties, such other buffering as required to comply with the requirements of applicable laws and the Findings of Fact and Conclusions of La~v dated October 20, 1998 between the City of Meridian and Hermes Associates and Dakota Company, Inc. for Buyer's adjacent property as the same are extended to the Property through the Entitlements. Such buffering shall be constructed within the period of timespecified in the Entitlements, but in no event more than eighteen (18) months from the date of this Agreement. c. Within ten (10) days of Seller's demand, Buyer will pay the reasonable costs, not to exceed twelve thousand ($12,000.00) dollars, of relocating Seller's commercial nursery business from the Property after the Closing to a new location within a fifteen (1~) mile radius of the Property. If such sum is not paid when due, it shall bear interest at a rate of twelve percent (12%) per annum until paid. Seller shall have sixty (60) days from the Closing Date to relocate Seller's commercial nursery business, including the building if Seller so elects, from the Property. d. Seller desires that a suitable buffering wall be provided along the easterly boundary of the Property and the new road adjacent to the cemetery. Seller shall have the ri~?ht to S:\Clirnts~5419'•,1'DriftPurchast.-1gTee:nrnt -CLI.~+~pd apply to the governmental authorities approving the Entitlements for such a buffering wall to be constructed at the expense of, and as a condition to, the development of the Property. Buyer agrees not to oppose any such request. Prior to or concurrently with Buyer's commencement of construction on the Property, Buyer shall, as a condition of development, construct a buffering wall along the Property's eastern boundary adjacent to the cemetery (the "Cemetery Wall") as required in the Entitlements. The Cemetery Wall shall be constructed on the real property specified in the Entitlements, subject to the owner of such real property's approval. e. Buyer agrees to cooperate with Seller in allowing Seller the benefit of its remaining Property. Seller shall have the opportunity, at its expense, to connect to or extend to Buyer's utility systems for Buyer's development on the Property. Buyer will timely provide to Seller copies of its utility plans and specifications for Seller to evaluate and coordinate such connections. It is understood that any such connection would be subject to the approval of the applicable utilities companies and would not require Buyer to increase the size or capacity of its systems to accommodate Seller's connection. Seller would be responsible for the costs of connecting or extending to Buyer's system as well as any connection or hook up fees. Buyer would provide suitable easements for such connections or extensions. Buyer will not object to such utility companies extending any utility systems on or part of Buyer's development to Seller's remaining Property. 9. TTTLE CO1yIPANY. Upon the execution of this Agreement, Buyer shall open an escrow account with Pioneer Title Company of Ada County, 821 West State Street, Boise, Idaho 83702 ("Title Company"). Contact person: Janet Blosch. Telephone number: 1.208.373-3700; direct number: 1.208.373-3750; fax number 1.208.384-9936. Title Company shall conduct the Closing pursuant to this Agreement and escrow instructions of the Parties. 10. ESCROW DEPOSIT. a. Initial Deposit. Buyer shall deliver twenty five thousand and 00/100 dollars ($25,000.00) in Good Funds into an escrow account (the "Initial Deposit") with the Title company simultaneously with the execution of this Agreement by the Seller. The Title Company shall hold the Initial Deposit in accordance with the terms and Conditions of this Agreement. The Initial Deposit and any interest thereon shall be credited against the Purchase Price at Closing (defined later). The Initial Deposit shall become non-refundable upon Buyer's Notice to Close (defined later). S:\Clientsl~-119`,1'~Draft Purchase Agermrnt - CL1.«pd ~ (G (o b. Further Deposit. Concurrently with delivery of Buyer's Notice to Close, Buyer shall deliver the additional sum of two hundred twenty''five tfiousard dollars (5225;'000:00) in Good Funds into the-Escrow Account (the "Further~Deposit") with the Title`•Company°' The Title Compariyasliall•lold the Further Deposit in accordan e`with the terms and Conditions of this Agreement. The Further Deposit and any interest thereon shall be credited against the Purchase Price at Closing and shall become non-`refundable upon Buyer''s~Notice`to Close.` ~ ' ~ ' . "' - ~ ~; 11 ` ``~ CLOSING. ~ ~ ~ - ~ '~~ °~ ~ ~ 'r ~ ;~-`~ M. ,,~, ~, -, -- .. • ` t. t.tl F ,J s i' ~'r y ~~ ~t ~~ - ` f' c a. The consummation of the'transactioiis'contemplated'tiy this~'Agreement (the" ~) ,~ "Closin'a" s0.hall"occur at the offices of the Title Company.` In any and~ah~events Buyei•'shall'give written notice (`Notice to Close) to Seller and the Title Company forty-five (45) `days'prior `to Buyer's desired Closing Date (the "Closing Date"); provided, that the Partes`may mutually agree in writing to an `early or deferred Closing Date. b. The Notice to Close shall be delivered no later`than the expiration of the ~' Inspectiori`Period and the Gove'rnm'ental Approval Period,"as such period maybe e~ctended' ~ ' `~ hereunder. If Buyer does not deliver a Notice to Close upon t}ie expiration' of the Governme'rtal Approval Period (as may be extended hereunder), Seller may terminate this Agreement and the Initial Deposit shall be released to Buyer. ~`at~ to c. The Sellers shall have the right to conduct separate closings with respect to each of their respective portions of the Property. Additionally each of the Sellers shall have the independent righf to~defer the Closing Date established by Buyer under sub`s'ections (a) above; by givirij Buyer written notice of a request to defer the Closing Date, such riotice to be given within ~,, twenty `(20)-days of receipt of Buyer's Notice to Close. Either Seller may establish a deferred Closing Date or an indefinite deferral subject to the right of either Buyer`or the deferring Seller to establish a new Closing Date pursuant to written notice requiring a new Closing Date, such news' date to be not less than fifteen (15) days from such notice. If either Seller shall defer'the Closin~~ Date as allowed above then the carrying cost under Section 13 below `shall stop'as to such'Seller as of the original Date of Closing as requested by Buyer. For this purpose the carrying co`s't'shall be allocated orie half ('/~) to Seller Daniel and Carolyn Gibson and one half ('%) fo Seller Terrace Lawn. `If Seller shall request a deferral and then Buyer reestablishes a Closi'nQ Date, Seller may not thereafter again defer without Buyer's consent. It is understood that Seller or either of them may defer the C1'osing Date'uritil such time as Buyer determines that it needs to close in order to S:`.Clien~s~5419` l~DraR Purchase Agreement - CL1.«pd 1~ ,, .., proceed ~.vith its development activities. Once a Notice to Close has been given and the further deposit made, Buyer may conduct pre-development and other deve]opment activities on the Property if Seller has requested a deferral of the Closing Date. d. If the Closing Date is between November 1 and February 28, Seller shall have sixty (60) days from the Closing Date to relocate Seller's commercial nursery business from the Property to another location, during which sixty (60) day period Seller shall be entitled to remain in possession of the Property at no cost or expense to Seller. If the Closing Date is between March 1 and October 31, Seller shall be entitled to remain in possession of the Property, in the location designated as Operating Area on Exhibit E at no cost or expense to Seller, until October 31, at which time Seller shall have sixty (60) days to relocate Seller's commercial nursery business from the Property to another location, during which Seller's possession shall be limited to the area designated as the Relocation Area in Exhibit E. e. During the time Seller remains in possession of the Property following the Closing Date as provided in Section l l.d., Seller's use of the Property shall be limited to that area depicted on Exhibit E; provided, however, that Seller shall also be entitled to access to and from such area. f. Seller shall have the right to remove any sod from the Property prior to surrendering possession of the Property to Buyer. 12. GOVERNi1~IENTAL APPROVAL PERIOD. Buyer shall have six (6) months commencing upon the earlier of Buyer's notice of approval or waiver of the Conditions as provided in Section 4 or the expiration of the Inspection Period (the "Governmental Approval Period"), to obtain all approvals, permits, zoning designations, etc., required or necessary by all governmental authorities having jurisdiction over the Property (the "Entitlements"), necessary by Buyer for the contemplated development. So long as Buyer shall be in compliance with the herein contained Carrying Costs' provisions the Governmental Approval Period may be e~ctended on a month to month, consecutive periods as provided in Section 13, at the sole and exclusive option of Buyer, in order to allow and enable Buyer to obtain the Entitlements. All costs incident to the foregoing and in Buyer's efforts to obtain the Entitlements shall be paid by Buyer. , 13. CARRYPi 1G COSTS. S:'Clien~s~_-i19`•1`DraftPurchiseAgreement -CL1.«pd 11 a. Upon commencement of the Governmental Approval Period, Buyer shall immediately pay to Seller the sum of Ten Thousand Dollars ($10,000) in Good Funds for the first month of the Governmental Approval Period. In the event that the Governmental Approval Period does not begin on the first day of the month, Buyer shall pay to Seller a prorated amount of such Ten Thousand Dollar ($10,000) payment based on the number of days remaining in such month. Such fractional month shall be deemed to be one (1) of the months constituting the Governmental Approval Period. For each month extension of the Governmental Approval Period, up to a total six (6) months including the first month, Buyer shall pay to Seller, through the escrow account with the Title Company, the sum of Ten Thousand Dollars ($10,000) in Good Funds. Each of such Ten Thousand Dollar ($10,000) payment shall be non-refundable and not applicable to the Purchase Price and promptly released to Seller upon receipt by the Escrow Agent. b. Buyer may elect, in its sole discretion, to extend the Governmental Approval Period on a month-to-month basis, for an additional nine (4) months, by providing Seller with notice of its intention to do so prior to the expiration of the then current month term of the Governmental Approval Period. For each month extension of the Governmental Approval Period from the seventh (7th) month to sixteenth (16th) month, Buyer shall pay to Seller through the Title Company the sum of Twenty Thousand Dollars ($20,000) in Good Funds. Each of such Twenty Thousand Dollar ($20,000) payment shall benon-refundable; however, Ten Thousand Dollars ($10,000) of each such payment shall be applicable to the Purchase Price. c. Buyer shall be required to make payments under this Section 13 until the Closing Date, with payments for any partial months prorated. d. All payments required under this Section shall be made by'Buyer to Seller, through the escrow account with the Title Company, and (other than the initial payment if the Governmental Approval Period begins on any day other than the first of the month) shall be due on the first day of each month. If any payment required under this Section is not made within five (5} business days from the date each such payment is due, Seller may terminate this Agreement, in addition to any other available remedies. 14. COMiyIISSIONS: PROBATIONS. a. Commissions. Each Party shall be solely responsible for any commissions, S:`.Clients\5-~19`,1~Draft Purchase Agreement - CLI.«pd 1~ ~.! "~-~ retainers or fees owed to, or claimed to be owed to, any broker or agent retained by each respective Party.. Buyer has engaged Cliff Marcum of J.L. Boyd Company as its broker. Except as otherwise provided in the preceding sentence, each Party represents --and~warrants to the other Party that it has not entered into any contracts with any brokers or finders nor has it obligated itself to pay any real estate commissions or finders' fees on account of the execution of this Agreement or the Closing. Each Party ("Indemnifying Party") indemnifies and holds the other Party harmless from any claims, damages, expenses, liabilities, liens or judgments (including costs, expenses and reasonable attorneys' fees in defending the same) which arise on account of any claim that real estate commissions or finders' fees are payable as a result of any agreement or understanding with the Indemnifying Party and .have not been discharged in their entirety. b. Proration of Utilities.and Tases. All property taxes and assessments utility charges and similar charges for utilities or services provided to the Property, of any type or kind levied against the Property (hereinafter referred to witfio"ut distinction as "Charges") `shall be prorated on a per diem basis as of the Date of Closing with Seller" being liable for all such Charges accruing prior to the date of Closing and Buyer being liable for all such Charges accruing on and after the date of Closing. If the Charges are not fixed for the current year at the time of Closing the apportionment of Charges shall be based upon the tax rate(s) for the preceding year applied to the latest assessed valuation with the proration to be subsequently adjusted between the Parties based on actual Charges for the year in which the Closing occurs which such actual taxes are determined. R- c. Allocation of Costs. Seller shall pay all documentary or revenue stamps, transfer or sales taxes relating to the sale of the Property. Each Party agrees to promptly execute any tax filings or documents reasonably required to be filed in connection with the transactions contemplated under this Agreement. Seller shall pay at its sole cost and expense; the cost and' expense a Standard Owner's coverage title insurance policy from the Title Company. Buyer shall pay for the additional cost for-the ALTA Extended coverage title insurance and/or such other endorsements requested by Buyer. Escrow fees shall be shared equally (50%) each by Seller and Buyer: Buyer shall pay all recording costs. 15. CONDEMNATION: RISK OF LOSS. If, prior to Closing, anybody having the power of condemnation or eminent domain decides to acquire any portion of or any interest in the Property, which Buyer reasonably believes to be necessary for the development and successful operation of the Property, Buyer may (i) "terminate tlvs Agreement by notice to Seller prior to S'~.ClienL51:41911tDraR Purchase A~eement - CLl.wpd 1~ Closing; or (ii) Buyer may complete the purchase with no abatement in Purchase Price, in which event all condemnation proceeds or claims shall be assigned to Buyer. Seller agrees to give Buyer prompt notice of any threat of or act of condemnation of the Property and Buyer shall have ten (10) days from receipt of such notice within which to make the election described in this Section. If this Agreement is terminated as provided in this Section, Seller shall forthwith direct the Title Company to refund the Deposit to Buyer. Seller shall bear all risk of loss to the Property prior to Closing. 16. ENVIRONMENTAL liYDENINIFICATION. a. Other than as specifically set forth in this Section 16, if Buyer approves the condition of the Property and proceeds to closing under this Agreement, Buyer shall assume the responsibility and risks of all defects and conditions, including, without ]imitation, such defects and conditions, if any, that cannot be observed by casual inspection or investigation and Seller shall have no liability for indemnification or otherwise to Buyer and its successors and assigns with respect to any condition of the Property, including any Hazardous Substances or Environmental Claims. b. Seller agrees to•indemnify and hold harmless Buyer from any Environmental Claim arising from Seller's use of the Property from the expiration of the Inspection Period until Seller delivers possession of the Property to Buyer as provided in Section 11 (the "Possession Period") c. If a third party's actions during the Possession Period gives rise to an Environmental Claim (a "Third Party Claim"), either party may terminate this Agreement upon written notice to the other party of such Third Party Claim, and the Initial Deposit and Further Deposit, if paid, shall be released to Buyer. If Buyer elects to close under this transaction despite a Third Party Claim, the Purchase Price shall not be adjusted and Seller shall have no liability nor be responsible for the costs of such Third Party Claim. 17. DEFAULTS. a. Default by Buyer. If Buyer obtains the herein referenced Entitlements, and elects for any reason not to proceed to close this transaction as contemplated herein, Seller shall have as its sole exclusive remedy the receipt of all deposited money with Escrow Agent in the sum s:\Clients~.5419\1'•DraftPurch~se:~greement -CLl.µpd 1~ of $20,000.00, as liquidated damages in lieu of all other damages or any other remedies available at la~v or in equity; provided, however, that Buyer's indemnity contained in Section 5 shall not be limited to this amount. The Parties hereby further acknowledge and agree that the extent of damages to Seller occasioned. by any breach by Buyer would be impossible or extremely impracticable to ascertain, and that the deposited money represents fair and reasonable consideration under the circumstance existing at the date of this agreement for Seller's having been prevented from selling the Property to a third party and for seller's expenses in connection with this transaction. b. Default by Seller. If Seller defaults in the performance of the terms and conditions or is in breach hereof, Buyer shall be entitled to and shall have the following alternative, cumulative, non exclusive remedies: (i) may sue Seller to specifically enforce this agreement, and to obtain injunctive and other relief, and/or (ii) money damages in an amount equal to the deposit set forth above. c. No Limitation of Surviving Obligations; Execution of Termination Documents. Nothing contained in this Article shall limit the rights of either Party against the other for obligations or indemnities which by their nature survive Closing, or earlier termination of this Agreement. Upon a termination of this Agreement, Buyer shall return all documents provided to it by Seller, and each Party agrees to cooperate with the other Party and execute such documents as may be reasonably required to evidence such termination. 18. NOTICES. All notices, requests, demands, or other communications (collectively, "Notices") hereunder shall be in writing and given by (i) established express delivery service which maintains delivery records requiring a signed receipt, (ii) hand delivery by an established courier service which maintains delivery records requiring a sinned receipt, or (iii) certified or registered mail, postage prepaid, return receipt requested to the Parties at the following address, or at such other address as the Parties may designate by Notice in the above manner: To Buyer: Developers Diversified Realty Corporation Attn. Joan U. Allgood Vice President S^.Clients15419\1~DraftPurchase:~eement -CL1.«pd 1~ ••• + _q 3300 Enterprise Parkway Beachwood, Ohio 44122 To Seller: Terrace Lawn Memorial Gardens, Inc. Timothy T. Gibson 1200 N. Cloverdale Road Boise, Idaho 83713 and Daniel G. Gibson, Jr. 19500 Highway 2026 Caldwell, Idaho 83605 With copy to: Christopher J. Beeson Givens Pursley LLP 277 N. 6th Street, Suite 200 P.O. Box 2720 Boise, Idaho 83701 Notices may also be given by fax, provided the Notice is concurrently given by one of the above methods. Notices are effective upon receipt, or upon attempted delivery if delivery is refused or impossible because of failure to provide a reasonable means for accomplishing delivery. 19. NO WAIVER: CUiy1ULATNE REMEDIES. Except as limited under Sections 17(a) and (b), a party shall not by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies hereunder and no waiver shall be valid unless in writing, signed by the party against whom enforcement is sought, and then only to the extent therein set forth. A waiver by a party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the party would otherwise have on any future occasion. No failure to exercise nor any delay in exercising on the part of the party, any right, power or privilege S:`,Clien~sl5-i 19`1\Draft Purchue Ageemznt - CLI.«pd 16 '~ • hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided are cumulative and may be exercised singly or concurrently, and are not exclusive of any rights or remedies provided by law. 20. ATTORNEY'S FEES. The parties agree that should either party default in or be in breach of any of the covenants, or agreements or representations, or warranties herein contained, the non-defaulting party or the non-breaching party (or in the event litigation was commenced the prevailing party) shall be entitled to all costs and expenses, including reasonable attorney's fees, (whether an action has been commenced or not) which may arise or accrue from enforcing any of the terms of this Agreement or terminating this Agreement, or in pursuing any remedy' provided hereunder or by applicable law. 21. IyIODIFICATIONS. This Agreement may not be amended, modified, or chanced nor shall any waiver of any provision hereof be effective, except only by an instrument in writing and sinned by the party against whom enforcement of any waiver, amendment, change, modification or discharge is sought. 22. SEVERABILITY. If any one or more sections, clauses, sentences or parts hereof shall for any reason be questioned in any court of competent jurisdiction and shall be adjudged unconstitutional or invalid, such judgment shall not a$~ect, impair or invalidate the remaining provisions hereof, but shall be confined to the specific sections, clauses, sentences and parts so adjudged. 23_. LEGAL ADVICE. Each party acknowledges that he or it has received independent legal advice from his or its own attorney regarding the advisability of entering into this Agreement. Each party has relied on its own counsel and its own investigation of the facts and has not relied on any statement, representation or promise of the other party except, for the terms expressly stated in this written Agreement. 24. ~ NO PRESITI~IPTION. Each party, its officers, and their respective counsel and or consultants have read this Agreement and understand its terms. The Agreement shall be construed by any court according to its terms, and to further the purpose of the settlement it shall not be construed against either party as al] parties shall be deemed to have played a role in S:`.Clients\5419\1\DTaR Purchase Ageement - CLl.wpd 17 t • ~ • drafting the agreement through their counsel. 25. HOLIDAYS. When any action is provided herein to be done on a day named or within a time period named, and the day or the last day of the period falls on a day other than a Business Day, it may be performed on the ne:ct ensuing Business Day with effect as though performed on the appointed day or within the specified period. 26. GOVERNING LAW. This Agreement is made under the laws of the State of Idaho and shall be governed and construed in accordance with such laws. 27. BINDING EFFECT. This instrument shall inure to the benefit of and shall be binding upon the parties hereto and their respective heirs, e;cecutors, administrators, personal representatives, successors and assigns. 28. HEADINGS. The headings of the sections of this Agreement are inserted for convenience only and shall not be deemed to constitute a part of this Agreement. 29. TTitiIE IS OF THE ESSENCE. Time is hereby declared to be of the essence in this Agreement and in every part hereof. 30. EXHIBITS.Exhibits A, B, C, D and E attached hereto are incorporated herein by this reference. 31. CONFIDENTIALITY: NO THIRD PARTY BENEFICIARIES: NO RECORDATION. The Parties acknowledge and agree that this Agreement and its terms are strictly confidential and shall not be disclosed to any third party without the prior written consent of the other Party, provided that such information may be disclosed to attorneys, accountants and other agents and employees of either Party and may be disclosed in connection with the satisfaction of the Conditions and pursuant to court order or court proceedings. This Agreement is between Buyer and Seller and is not intended to be, nor shall it be construed to be for the benefit of any third party. This Agreement shall not be recorded against the Property, but Buyer may record a short form notice of interest as allotived by Idaho law. If this Agreement terminates for any reason, Buyer shall take all such further actions as necessary to disclaim and remove from the real property records any interest or notice of interest in the Property. Failure to do so shall constitute actionable slander of title. S:\Clients15419\1`Draft Purchase Agreement - CLl.npd 18 ~~ 32. EXECUTION COUNTERPARTS AND FA,X. This Agreement may be executed in one" or more counterparts, each of which shall be considered an original instrument and all of which together shall be considered one and the same agreement. Delivery and receipt of executed pages by facsimile transmission shall constitute effective and binding executing and delivery of this Agreement. Any Party executing this Agreement via facsimile as provided herein shall also delivered to the other Party any executed original of this Agreement within three (3,) business days of such fax delivery- y 33. EXCHANGE. The parties agree that they will cooperate with each other to allow either party to effectuate an IRC § 1031 exchange provided that other party does not incur any costs or expenses; is not required to go into title of any property or assume any other obligations with respect to exchange properties; and so long as accommodating the exchange shall not cause a delay in the times required hereunder to close the Property. Each party specifically agrees that in connection with such an exchange, all of the rights of the exchanging party under this Agreement maybe assigned to an accommodator or intermediary for the purposes of accomplishing such an exchange. ` 34. USES. The Property will be used for retail development at Buyer's sole discretion. Nothing contained herein shall in any way limit Seller's ability to develop, operate and use Seller's adjacent property for any uses as Seller shall determine in its~sole discretion. 35. SURVIVAL. The covenants and agreements of the parties which by their nature or terms extend the time of performance or benefit beyond the period of this contract shall survive the closing. THE SUBivIISSION OF THIS AGREEMENT FOR THE EXAiI~IINATION OR ITS NEGOTIATION OR THE NEGOTIATION OF THE TRANSACTION DESCRIBED HEREN DOES NOT CONSTITUTE AN OFFER TO PURCHASE OR SELL UNTIL EXECUTED AND DELIVERED BY EACH OF BUYER AND SELLER. [end of text) S:`:ClientsL419\1Draft Purchase Agreement - CLi.wpd 1 ~ • IN WITivESS WHEREOF, the parties have executed this Agreement effective as of the date'of execution listed next below Seller's signature block, which in any event shall be a date, not earlier than the date of execution by Buyer. "SELLER" "~~ Daniel G. Gibson, Jr. o ,/ L~-J-y. J Carolyn A. Gibson Date of Execution: ~-/p- q cj Terrace Lawn Memorial Gardens, Inc., an Idaho corporation By: l ~- ~ -_ Timothy T. Gibson, President Date of Execution: "3 i o S "BUYER" Developer s Diversified Realty Corporation By: ~ Its: Date of Execution: .~ S:`.Clirnts\S~119\1\Draft Purchase A~eement - CL1.«pd 20 EYHIBIT A LEGAL DESCRIPTION • That certain Property located in Ada County, State of Idaho, and described as follows: A parcel of property at about 4000 E. Fairview Avenue, Meridian, Idaho 83642, consisting of approximately 12.3 acres and enough frontage upon the street known as East Fairview for an alignment of Venture Street, including without limitation, constrained or offset alignment, with a public road to be built by Buyer along the easterly boundary of the Property to a depth of eight hundred twenty two (822) to be approvable by the ACRD, to a point on the westerly boundary of Terrace Lawn Memorial Gardens, and will be 822 feet in depth. [This description of the Property shall be replaced with the legal description from a survey a of the Property once such survey has been finalized and also be in accordance with alignment shown on Exhibit D.] Si•.Clien~s\5~119`.1'~.Drsft Purchase Agreement - CL1.«pd ~ 1 • EXHIBIT B PERMITTED EXCEPTIONS 1. Current property taxes not delinquent; 2. Current assessments not delinquent; and 3. Public utility or other easements which would customarily be replaced or relocated in connection with Buyer's development of the Property. S^.Clients\5-119'~1'Draft Purchase Agrz~ment - CLl.~tipd 2~ EXHIBIT C FORM OF DEED (to be attached) • S:\Clients\5-+19~.1`,Draft Purch~ce Ageement - CLl.~+~pd ?.i O W1Zea Recorded Return To: EYHIBIT C Form of Dee3 WARRA~~ITY DEED FOR VALUE RECEIVED, Daniel G. Gibson Jr., whose address is 19500 Highway 2026, Caldwell, Idaho 83606, and Terrace Lawn i~femorial Gardens, Inc., an Idaho corporation, whose address is 1200 N. Cloverdale Road, Boise, Idaho-83713, collectively the GRANTOR, do hereby GRANT, BARGAIN, SELL and CONVEY unto Developers Diversined Realty Corporation, whose address is 4» E. 500 South, Suite 400, -Salt Lake City, Utah 84111, the GRAt~1"1'EE, the real property in Ada County, State of Idaho, more particularly described on E:chibit A attached hereto: This conveyance hereby made is subject to the lien for real property taxes for the year 1999, and all years therea~ter and also the matters described on the attached Exhibit B, which e:chibit is made a part hereof. All as contained in the records of Ada County, Idaho. T'O H.~VE AvD TO HOLD the said premises, with their appurtenances unto the said Grantee, and Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suf Bred or done by the Grantee; and that Grantor will warrant and defend the same from all other lawful claims whatsoever. `~ Dated efrective the day of iVlarch, 1999. "GRA~t'I'OR" ~, Darnel G. Gibson, Jr. Terrace Lawn Memorial Gardens, Inc., an Idaho corporation ~y: Timothy T. Gibson, President WP.FLRAN"I Y" DEED - 1 '~ ~ • STATE OF IDAHO ) ss. County of Ada ~ ) On this day ofl~larch, 1999, before me, a Notary Public in and for the State of Idaho, personally appeared D~y~L G. GIBBON JR., known or identified to me to be the person tivhose name is subscribed to the within instrument, and acknowledged to me that he~she executed the same. IN tiZZTNESS WHEREOF, I have hereunto set my hand and afrixed my official seal the day and year first above written. Notary Public for Idaho Residing at: iviy commission expires: STATE OF IDAHO ) ss. County of Ada ) On this day of March, 1999, before me, a Notary Public in and for the State of Idaho, personally appeared TI;viOTHY T. GIBBON, known or identified to me to be the President of TERRACE LAWN MEy10RIAL GARDENS, Ii TC., an Idaho corporation, the corporation that executed the instrument or the person who executed the instrument on behalfofsaid corporation, and acknowledsed to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and afnxed my ofi'icial seal the dzv and year first above written. ~ y Notary Public for Idaho Residing at: ivly commission expires: wARR.~~-I'Y DEED - 2 S.`.Ciic.^.CZ~-{ l i\ 11~~';.r-.rtv Cccd•hFd EXHIBIT A (Le~aI Description of Real Property) ~V u~RA,~-TY DEAD - 3 S ^.CII:nLL J 19~ 11'.Va :.ry C:c. •xFd E~IT,B (Permitted Ezceptions] r, ~ ~ 0 3~, - ,~ ~ ~ ~ ~ WA.RR~~I'TY DEED - 4 $:~.CitC:iLT~S-{IS'~I\~Y~~N De~tvFd .. • EXHIBIT D GRAPHIC DEPICTION OF ROAD ALIGNMENT S:`.Cliznts15419\l~DraR Purchue Ageemrnt - CLI.«pd 2~ ,~-•C~~,-1 ___ 1 l-_.~~Fta ~•i CLf.F.~. C~EvE-C~Fh-E;~1T ~L~ ~~2 ~_~ EXHIBIT D Graphic Depiction o~ Road Alignment _ II, ~ ( t Post-it" P2.: NCie io""?7 `a`a~f~ f 4~7 jC1s~~ . ~ ~ ~ • _ ,' r j ~{ To : Jtt'iS ~-~~~ n IF~m ~ r 1 ~ C ~QfiL I v, ~ , ~ r- ~ l ~ Co~Dec• IC:,. I ice`- j ' I FF.arr a ~rrc.~e 4 ( la: ~ ` V c f I ~ r:x ~ I7=Jt i I rte- 1 1 ; p ::1 I r >(~ .~ `.~9 - - - O L~ Sf~ :~. N Z s l^ C T C C ~Z fi~Af ~ ° 195 ..._, ~ ~ l 1 =. 6 ' ~YG r-- F_ 1 ~IVErI~ ~'LrSiE'J, ~.! 'r v ~ ~ ~ 8- e f EXHIBIT E ..GRAPHIC DEPICTION OF AREA SELLER lYIAY USE AFTER CLOSI~i tG d e ~r f ~` r k ~ f 7 9 4 S:\Cliznts\Sa 19\1\Draft Purchase Agreement - CLl.wpd 2~ -~ .. _. ~ _> • ~~IBIT E ~ ~ Graphic Depiction of Area Seller 3 ~ PSay IIse After Closing ~ ~ ~1 ~ ~ 2~ sv 3 "W ~ ca ~ / o . _= ARC ~ ~I ~ S~ , j m (~l o ~ -1 v_ ~ l ~° 5~ _ ~ ~ O 0 I~ -~_ . ___ fl~gRq~~~ A~vcr~ // I ~~ !? '„ I ( I i ~K n ~` ~ ~ O Ul I m ~~ rs-f ~'~ J _ ~~ ~ I , ~~ ..~ ~ ~ ~ ., ,. ~ ~ r- _ -~-~ o -~ ~r~ ~ i .S S 2 W r~ N ~ , ~ m > ,-1 ~ - - ~ -- , ~ Q o ~ ~- ~ > T _ ~, ~ ~ = o ~ ~. ~W c L C P U 3 ~ ~ ~ Cfl A W -+ O CO QD ~1 O (T~ W N ~ ~. ~ Z ^- ~~ ~ ~ ~ ~ ~ ~ ~~~ • ~y ~ J am "~ V' ~ ~ VI V~ V1 VI ~ VI ~ i V 1 coo ~ + ~ ~ ~~ ~ ~ ~ s ~ " r ~ ~. ( h 1 1 _ ~h l ~ 1~ ~ ( ~ f ( ~ ~l (n~ ~ V 1 v ' ~ ~ ~ ~` W ~ ~' ~ 1 ~ :fl ~ ~ ~ ~ _ ..i v ~ ~ W ~ . 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RPR ~9 '99 13=05 FR PU LIB WORKS 20aa971297 TO 3434954 P.02i04 <A ~ ~ art mui/in41 ~Q1 ~'/ 7.~ DAKOTA FAIRVIEW PROJECT PROPERTY OWNERS WITHUi 300' KLEItrBR WALTER HERMAN AND SCHUTTE L[LLIAN K KI.EINER EUGENE M STATES REALTY PO BOX 4003 6884 FAIRVIEW AVE BELLEVUE wA 98009-4003 BOISE ID 83704-8501 3600 $ FAIRVIEW AV6 4465 E FAIRVIEW AVE E FAIRVIEW AVE CLOVERDALE PARK INC SCHUERMAN FREDERICK & L1NDA 1200 N CLOVERDALE RD 120 HEARTHSTONE DR BOISE ID 83713-7805 BOISE ID 83702-1720 1267 N CLOVERDALE RD ! 787_ N CLOVERDALE RD LYON RAY B AND HAMILTON FMLY LTD PARTNERSWP SWAIN NANCY 11631 W ONEIDA DR 3724 E FLORENCE DR BOISE ID 83709-3863 MERIDIAN ID 83642 E FAIRVIEW AVE FULLER DANIEL L & SCHUERMAN FRED dr. LINDA AIv'D FULLER lOANri M THUESON GREG B & SHERI K 3750 E FLORENCE DR 6062 BMERALD ST MERIDIAN ID 83642 BOISE ID 83704-8855 4340 E FAIRVIEW AYE NASTEKA VLADIMIR 8t NASTEKA GALINA TFCM ASSOCIATES LLC 3786 E FLORENC>r RD 455E 500 SOUTH MERIDIAN Tp 83642 SURE #400 SALT LAKE CCfY UT 84111 WOODVINE GALEN H 4t N EAGLE RD Vo'OODVINE CAROL 3808 E FLORENCE DR HERMES ASSOCIATES LTD MERIDIAN lD 83642 455E 05TH SOUTH SUITB #400 CROSSROADS NEIGHBORHOOD SALT LAKE CITY UT 8411 i ASSOCIATION INC N EAGLE RD RAMON & MARILYN YORGASON 2304 N COLE RD GIBBON DANIEL G JR & CAROLYN BOISE >D 83704-737 i 19500 HIGHWAY 20/26 N RECORDS AVE CAI.DWELL [D 83605-8770 E FLORENCE DR 4025 E FAIRVtEW AVE 3854 E FLORENCE DR TERRACE LAWN NAMPA MERIDIAN IRRIGATION MEMORIAL GARDENS INC DISTRICT 1200 N CLOVERDALE RD 1503 1ST ST SOUTH BOISE ID 83713-7805 NAMPA [D 83651 4225 E FAIRVIEW AVE N RECORDS AVE APR 29 '99 13=06 FR P~L[C ~JORKS 2086871297 TO 3;4954 P.03i04 ;,. • JtJDY !VICTOR & ~- CRAWFORD MARCUS W & lUDY LAVERNE CRAWFORD MOLLY J 3310 N WELFORD 1256 N' LEGISLATIVE WAY BOISE [D 83704 MERIDIAN ID 83642 3876 E FLORENCE~DR ` 1212 N'LEGISLATIVE WAY "3 13RUEMMER A-SCOTT 8c 1241 N PRINCIPLE WAY BRUEMMERlENNIFER 1;147 N CAUCUS WAY 1 LtWAT'SON~COING ~ MERIDIAN~ID;83642- ~, , 73OS SORENSON DR BOISE' ID 83709' ~ ~ CLOT BARRY.° JR 3898 E FLORENCE DR 1236 N PRINCIPLE WAY 4000 E~FLORENCE DR' MER[D(AN,117 83642 ~,~ - r t~ BENNETT GREG A CLASSICK STEPHEN T & 10887~W POPPY ST . " CLASSICK SANDRA' E BOISE m ~ 83713 - 1238 N CAUCUS WAY ~ 3920 E'Fi.OR1NCE Dlt ~ MERII7iAN ED", 83642:. $ENNETT GREG A RUTHERFORD R STEPHEN & 5149 CANARY LN RUTI-~RRORD MICHELLE C NAMPA ID 83687 1230 N LEGISLATIVE WAY 3942 E FLORENCE DR MERIDIAN ID" 83642 3 LAURSEN KEVIN P 8t GLENN JOHNSON HOMES (NC LAURSEN ELAINE L 2460 S MAPLE GROVE RD 3964 E FLORENCE DR BOISE ID 83709 MER)DtAN ID 83642 1229 N LEGISLATIVE WAY LOOMIS HOMES INC MONAHAN DONA DEE 7154 W STATE ST 1218 N PRINCIPLE WAY ~ 187 MERIDIAN ID 83642 BOISE tD 83703 3986 E FLORENCE DR HELM PAM1rLA K & HELM EMERY W HALLMARK ENTERPRISES INC l2l 1 N LEGISLATIVE WAY 13 l0 E 50UTHES>3Y MERIO(AN IQ 83642 MERIDIAN ID 83642 3855 E FLORENCE DR DELEURY A MARIE 1 l80 N PRINCIPLE WAY MILLS TIMOTHY W M!~RIbtAN ID 83642 3803 E FLORENCE DR MERIDIAN [D 83642 PBDfiRSON DOUGLAS K do PEDERSON NANCY L PROVENC[O KRISTOFER & t l94 N LEGISLATIVE WAY PROVENCIO LEAH MERIDIAN ID 83642 1260 N PRINCIPLE WAY MERIDIAN fD 83642 ONEILL CRA1G E 6c ONEILL I1JL[E A CORTMA EDELIA ! 189 N LEGISLATIVE WAY 3939 E FLORENCE DR MBRIDtAN ID 83642 MERIDIAN [D 83642 ~ l! APR z9 ' 99 13' 0o FP ~~- I C WOR%C5 ?038871257 TO '~ 954 ,,:,, SOUTHEttN IDAHO CORD OE LEATNAM JARED Q & SEVENTH-DAY ADVENTlST5 LEATHAM TAMMI R PO BOX 4878 ~ 1130 N PRINCIPLE WAY BOISE ID 83711.4878 MERIDIAN ID 83642 9t5 N CLOVERDALE RD t 157 N LfiGtSLATIVE wAY BEDAKD G1:RARD M e4c SASS CARL N & BEDARD MARY L SASS DOLORES 1154 N PRINCIPLE WAY 1 iS8 N LEGISLATIVE WAY MERIDIAN ID 83642 MERIDIAN ID 83642 OVERSETH TEENA AND WENTWORTH BOYD V & HAWS ANTHONY WENTWORTH KRISTY L 1172 N LEGISLATIVE WAY 1 126 N LEGISLATIVE WAY MERIDIAN [D 83642 MERIDIAN ID 83642 MARCHAL BART A ~ MARCHAL GLENDA R 1108 N PRINCIPLE WAY MERIDIAN ID 83642 P.a4~a4 +~* TOTAL PAGE.O4 ~* ~~:=- E ~~ n R g ~~ a O O miA~, r 8 m y. N .Q7 w~~ ~mm W v x: m is .: r rv w 0 r 0 r O o' m r -O ~OD --I ~ 2 m O T p~wvC oox= ~ mm37 v°DC DW- 2~inD 0 m N mzc,C ~m ~ 70 D wv ~ ~~ ? J rn z ~ m t'; 0 0 o r r D ~ l'~ ~"l ;1,~ N 0 ~1J m q ~Q ~ W _- ' w '° N i ~-` - ~' - -- CITY OF MERIDIAN "Hub of Treasure Valley' 33 E. Idaho Meridian, Idaho 83642 888-0433 Customer's _ Order No. Date `~ ~ ~" ~ G I Name ~0. K~o +-c~, ~ ~~, ~-, ~ t~ c- I~ Phone: SOLD BY C O.D. CHARGE ON ACCT. MDSE. RETD. ~/ Csr tZco z /~ 17~ I ~ 3 PAID OUT `:~ , -_ . _ d _. - ~.. . ~- -I ~3-~ ~ - I I ~ nee. a+i ~ n i ,~ c - r, ~$ - I I Plan ~Pt, -r I , -- I I I i I f I I I • 1 I I I Alt claims and returned goods:MUST`be'accompanied`by,tbis~'bitt.:i. 0 rAx t Received 000923 By TOTAL ~ I ZS`fq! ~~ ~~ I - GS-202-2 PAINTED IN U.S.A. J PH~MTED WITH / ~ SOYINK,- ~,~~~~ i ., ~.. ~ October 29, 1999 MERIDIAN CITY COUNCIL MEETING:' NOVEMBER 3 1999 APPLICANT: DEVELOPERS DNERSIFIED REALTY CORP/DAKOTA COMPANY ITEM #: 18 REQUEST: CPA TO CHANGE LAND USE OF 12.3 ACRES FROM SINGLE FAMILY RESIDENTIAL TO COMMERCIAL. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE FINDINGS DECISION 8 RECOMMENDATIONS CITY POLICE DEPT: CITY FIRE DEPT: _ CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: _ ~_ - ~ ~ J~' I 1 ADA COUNTY HIGHWAY DISTRICT: ~ ~ X11 1 ~~ ADA COUNTY STREET NAME COMMITTE . ~ ~ r~ ~,~, ,~, ~ ~j~, o~~ , ' 6 CENTRAL DISTRICT HEALTH: ~ k,~;~~ NAMPA MERIDIAN IRRIGATION: ,~~ ~~ ~ ~~ ~ t~-(~ ~~~~~ ~wf SETTLERS IRRIGATION: ~ _ ~~ - WER: G ~) '~ IDAHO PO US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~-L.,,.~, ~~ '''"~ ~" ,_ ,~-.~ '~. Meridian City Council Meg , November 3, 1999 Page 35 Bentley: Yeah. I just meant to let them know that we've already gone ahead and approved that one so she's aware. Berg: I can make that contact tomorrow. Bentley: Thank you: ITEM 1~8:=~-,~PUBL-IC-HEARING:~REQUEST FOR,GOMPREHENSIVE PLAN " ``~°' ~`A" 'AMENDMENT T.QCHANGE~.LAN,D USE OF 12:3 ACRES FROM SINGLE F ILY RESIDENTIAL TO_COMMERCIAL BY DEVELOPERS DIVERSIFIED REALTY CORPORATION/DAKOTA COMPANY-SOUTH OF FAIRVIEW AND EAST*OF RECORDS: Corrie: Item No. 18 is a public, hearing: Request~for Comprehen"slue Plan Amendment to change land use from 12.3 acres from single-family residential to commercial by Developers Diversified Realty Corporation/Dakota Company. I'll open the public hearing. Staff; any comments? Stiles: Mr. Mayor and Council, the applicant has requested changing from single-family residential to commercial. I'm not sure how.we can work this.e Our current Comprehensive Plan requires that all uses in the mixed/planned use area require conditional use permits. If this is approved to commercial, we would ask n that there. also be incorporated in the,text.that this. particular.project would require conditional use permit. . Corrie: All right. , } Stiles: And it wiN require platting. -~ .. Corrie: Okay. Any questions; comments? Okay. Since this is a public hearing, request he applicant first. Durkin: My name is Larry,Durkin.~ My.address is ,380 East Park Center Boulevard, Suite 100, Boise, Idaho. I'm,just a little bit confused. Are we going to have~a public hearing on this matter or not? Corrie: You're in it right now. Durkin: If you look at the agenda for tonight, I think it vvould be clear that this Item and the next item and the next item are related. I have a presentation and in interest of time, I've kept it brief, but.it's -they're all related. I'd like to just go through the presentation,. and I may mention-annexation, I may.mention rezoning in this, but it will keep the other matters when we gef to those brief, if that's all right with everyone. I x m ~i{ O E ~~ O O „ow r 8 ~ ~. r1J ^~ O ~ ~ ` ~~ ~m w g x :. r rv w r1J r n 0 r 0 0 m r I ,,~^ r a 1 ~ O \~` r D \~ ~ ~ r ~..- N © !p, o~ zz -_- ~ W 7 N N 1.- CITY OF MERIDIAN r "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 ~W~o , Mo=D m ~ ~ Q r oDA'~ =~~D pmroC) w ~ " 3 m `~ ~ D w< v Customer's Order No. _ Name ~t!i Address to `7'3-~tG (t1L. Phone: SOLD BY ~AS1t._ C.O.D. CHARGE IZ.(oZ ~# ~~ ON ACCT. MDSE. RETD. I PAID OUT . ~ ~~ i.s ~` Z, ...,,~ a nee. a+i o n I .' ~ - n ~$ - er+. A~ l~~ ~~I_13 (S2~ Z~ I P(~n ~Pn -Y 1 , - I I } I I ` I I ~. 1 1 1 I i I Att'claims and-returned goodsMUST~be accompaniedby Phis%bi1Lt ~ 0 TAX ' Received 000923 By TOTAL Zs~t9~ ~-f_SC -~i Z m n 0 o t _ GS-202-2 PRINTED IN U.S.A. / ,~ rniHreo wrtH p SOYINK _ ~~jiytfL Qt(i ,, .- ~.. „fin: 7 ~* ~- fir= s.±- --~~. ,. _. {.;._ -. ... .-~-. -. f ,~~ O ~ O-~v .il, ~ O D ;~~ D ~ -~ I ~i I o ~ 0 ~'~ ~ *f, n °z p7w~~ Oo2D ~I Q ~ ~ mmo7C `!! O gom onA~ !` rt.i • N m s D~ w D °~ on~N,O ~ ~~~ oozes ~ x ~m fv'! ~ I ~ ~ ~ ~ ~ ii ~ is D ~ ~ W Z ,~ .. ! ~ ++y ~~ r . cn Z Ij' a ~ ru ~ m n ^~~ V„J +~ • ii ~'~~ I O It. i;' I1J f. ~ ~I. ~~ O I t ~ ~ ~ ~ 4, 'I! O I ,';i' .-. s;', '~ j„ +: ao ~'i' I :;~ ~~ ~' 0 ;~~ ~j' `' '~ ~\ w ~~ r' . ~ ''.' 1 ~. J'. ~ D n m ~ ': ~; ~ 1 ~~ >;' +~ Ef( ~ ~ i, ~ .!,I ?I: O °~ r ,~ 11 ~ ~ y~ :; ~ ~ ; N ~. ~~ ~ m ,` li i_ ~~~ w ~ .i~ 7 - N - - ~... D 5 E %IU .-T _ - ~ _° -- -~ ~ 70UOD f p~< ~! I O (\~~ 'f' ^ T ~ ~ E '. Z L ~~ is ~ Oo YD i O ~ ~ ~ m~~~ O ~o~ oyA~ +,' r i gm~ DzwD fLJ ~pu~i OnfNn~ Q~ ~ "ow wZw~ _ v " om ~ ~ °i ~ D wW Z ^ i m cp r I m w 0 ~ I' ^ : _ ~' ~.. ~ co Z ru i m n W o :I O :~~ 0 i.n ~n O ;. '~ r !o !' r r _. `~ ~ m , l~T. D m ~ ' O `` r ~`l ~ ~ • V ~i ~ ~~ ~ m N 1 __ N _ W N Meridian City Council Me~ .- November 3, 1999 Page' 36 Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I have a question. You said this item, the next one and the next one. Are you talking 19 and 20? Durkin: Yes. Bentley: Okay. Durkin: 18, 19 and 20 are all related to the same issues, the same matters. Bentley: I was just trying to get it straight for the record, because we said we were going to skip over 19 and 20. But you're going to address those, 19 and 20, now? Durkin: They're in my prepared presentation, and then I'll re-address them again if you'd like. Bentley: That's fine. I just wanted to have it clear for the record when we type it. Thank you. Durkin:. Thank you. I am the President and the owner of Dakota Company, fnc., a Boise-based development company, and I'm here tonight on behalf of the applicants, Developers Diversified Realty. There's a couple things that-I'cl like to make clear for the record in the interest of clarity. These points relate to all three applications you discussed a moment ago. I've gone through this same text during the Planning and Zoning Commission hearings that we've had on this application. We have changed-the name of the entire shopping center from the Family Center at Meridian to Meridian Crossroads. So when I use the term Meridian Crossroads or the Family Center or the Family Center Meridian, I just want the record to reflect I'm talking about the same property. Last year we began the City approval process for the development of the shopping center. That is now well underway. It's -this turned out to be a six-month process, but we did gain your approval for a conditional use permit, and as you know, some of the stores are now open. The two major concerns that we faced were the potential for noise problems and traffic congestion. We conducted several traffic studies and concluded that the highway and streets were suitable for the center. In addition, we agreed to add turn lanes, stoplights and to set aside some land for future road widening and overpasses. We conducted a noise study - we hired an outside consultant to conduct a noise study, and we spent a lot of time adjusting the site plan and making other modifications to ensure that the noise from the operation of the center wouldn't -- Meridian City Council Me~j November 3, 1999 Page 37 *** End of Tape 2 *'~* the land that we now have as part of the shopping. center. I'm going to walk over - Shari, do you have a slide on that? Stiles: Which one? Durkin: To give the members of the Council and the public the bearings here, this is Fairview Avenue. This is Eagle Road. This is the Shopko store as it now exists. We have building permits for this phase and will begin construction of that soon. We either have building permits or expect to have them shortly for this end of the development. All of the improvements from Records Drive which is here with the signal around to Presidential are installed or being completed at this time. What we're`talking about in the Comp Plan change is this area in white that is now a-turf farm and a landscaping area. This is an existing, occupied cemetery to the east of that. There's a street here that is Ventura Street; it intersects with Fairview. Our submittal to ACRD is to continue that -~it will eventually continue into the east side of the Crossroads Subdivision area. We are going to talk about a Comp Plan change for this piece of property which is designated single-family residential. We're going to talk about annexation of this piece of property tonight from the county into the city. Then we are going to talk about a rezone of this property. This property is now zoned I-L-L. It's called I-L. Oh. 1-L. Our plan is to combine this so that it's all the same zoning and when we go through the platting process and conditional use, this will become one parcel. So the reason we're requesting the rezone is so that these will share the same zoning. You may recall that when we went through the process on this, the zoning allowed a shopping center with. the conditional use, but we feel that it's -better to have the adequate zoning on this parcel so -there's three things we're going to talk about tonight. Comp Plan change for this parcel and annexation and zoning for this parce! and then a rezone for this parcel. .Why are we asking for this change? Do we really need more space? Let me answer these questions before I go into the viability of the residential use for this property as it's now designated. We're asking for a change in order to add a tenant to the shopping center that from a size and scope standpoint, cannot be accommodated elsewhere in the shopping center. This tenant will build a store that will bring many benefits to the shopping center and to the City of Meridian including groceries. We've really had many calls from a nearby residence requesting grocery stores, and now we have one ready to go forward. We will meet the screening criteria and the landscape plan for the entire project. In fact, Tom, I'm just going to ask you to put up the other -just put that -this plan that Tom has just put up represents ablow-up of that portion that is, again, the white area is the area that we-are doing the Comp Plan change request. That annexation and a gray area is the rezone area. We have -we're submitting plans and we submitted them landscaping really matches the existing center with a couple of changes; the buffer area to the south is wider, and the buffer area, that berm area along Fairview Avenue is wider. But the development will, from a Meridian City Council Me~:~~ '~~,~ November 3, 1999. Page 38 screening standpoint, the masonry wall- will continue all along the south and it's indicated on the plan, and, again, ifll continue along the east.boundary all along the n'ewstreet. As you can see from our application both here and to ACHD, we have no access. on the new~street: All the access will: be°controlled through.the existing improvements on Recortls Drive~which is,novv a signaled intersection, and the access points onto Fairview Avenue. The loading for this center wiN not back up to any existing or any future single=family homes. What loading they will have will back up~to a cemetery that will be well-screened... The comments in the staff report.about the operation possibly interfering with services at the cemetery, the cemetery'people are in°support of this application. We worked.. out a screening plan that they're pleased with. We'II be presenting that further in the conditional:use`permit process. But remember, the two major,concerns that we had before, noise and traffic. From a~-noise standpoint, this-is a drastic t improvement from anything that we now have approved:on the gray area of the plan. I'd like to just talk a moment about traffic:- Tom, could you hand out the letter that Patrick Dolby letter: and the other -those two: i have a handout here. They may be stapled togetfier. There's a letter -well, let m`e remind .you first. We now have the approval.in hand to build about 100,000 square feet on the gray area of that~plan: What.we intend to do is add 12 acres to the site, yet add an additional 100,000 square feet overall. We;~through our earlier,approval process, submitted traffic`studies that were reviewed and approved by this group. We did an amendment to that just indicating what the traffic impact would be for this new store, and it's really insignificant. The new store, by building a 200,000 square foot store here, according to the traffic study, it adds 2,000 vehicle trips a day which is 1,000 cars a day to that area. There's some discussion in this letter, and I'm.talking about the Patrick Dolby letter, not the ACHD letter that you were just handed. There's some discussion about where that traffic will come from. Then second letter that you have is a letter from David-Blatt (sic)-from ACHD agreeing and approving the 'amended traffic study.:<Should we fail to accommodate our•Comp Plan change, annexation and rezone change, this tenant would go somewhere else in Meridian. or west Boise resulting-in shoppers coming here for one thing; leaving the center and going somewhere else - maybe across the street, maybe across town - to shop at their store. This results in much more travel, not less travel. We - if we were denied these requests, we'd still go forward then and build the 100,000 square feet of development'that we now have approved, and you'd have an additional 200,000 someplace else. We think this is a real improvement. The property is designated -along with the°cemetery as future single-family residential. I think -it's doubtful that,the cemetery;which l mentioned earlier is occupied, will be moving. We (inaudible) small strip of property that's between the shopping center and the cemetery. The~Comprehensive Plan now recommends commercial development occur along streets with major traffic. I think everyone would agree that Fairview meets that criteria. The center is being built^:to handleahis raffic. The off-site work or the work on the ACHD property will be completed by us well in advance of our. opening: Other areas in the city face problems with traffic; I read in the paper everyday about areas in Meridian where maybe the planning wasn't great Meridian City Council Me~ November 3, 1999- Page 39 and the traffic is now becoming a problem. This entire project is well-planned and setup to accommodate increases in the future. As the traffic increases; it's doubtful that the land that we're talking about on the Comprehensive Plan area wilt develop into single-family. However it develops, if it weren't developed by us, there would be access on Ventura Street without the benefit of a light that we have on Records Drive. In short, the designated use is not likely to occur. Our plans will enhance our shopping center, will bring substantial revenues to the city, will put no significant burden on .the roads, schools, parks or utilities, and will improve the layout of the buildings and the overall shopping center. I'd like to request that you approve our request for a Comprehensive Plan change, and I further will be requesting that you approve our request for an annexation and a rezone of the Parcel 5 or the gray area there. After seven months of.public hearings and meetings, we are anxious to proceed and go forward. We have read the Findings and we, in our application, had requested that you put the burden on us to go through conditional use process with this land and a development agreement. We're in full agreement to that. We might only add that the Findings as I read them here, I would assume would be modified with the final outcome of a conditional use permit with the City, but what I've shown you tonight, what I've submitted. in the past and what you have in Will's office back here are exactly the same, and that's our full intention of what we plan to develop. I'll happily answer any questions. Corrie: Questions? Bird: I have none. Corrie: Okay. Thank you. Appreciate your presentation. Is there anyone else from the public that would like to issue testimony on this request for Comprehensive Plan Amendment to change land use from single-family residential family to commercial? Okay. Hearing none, I'll entertain a motion to close the public hearing on Item No. 18. Bird`. So moved. Rountree: Second. Corrie: Motion made and seconded to close-the public hearing on Item No. 18. All those, in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: I'II entertain a motion on the request if we have no further discussion. Rountree: Mr. Mayor. Corrie: Mr. Rountree. f~, Meridian City Council Mew November 3,.1999 Page 40 Rountree: I move that we have city attorney prepare Findings of Facts and Conclusions of Law and incorporating recommendations from Planning. and Zoning and that they indicate the testimony presented here this evening as it relates to the applicant agreeing to the requirement of a CUP for any development in this area along with development agreement. Corrie: Okay. Bird: Second. Corrie: Motion is made and seconded that we have the attorney draw up Findings of Facts and Conclusions of Law and recommend to the Planning and Zoning and CUP and development agreement on Item 18. Any - Mr. Gigray. Gigray: Just a point of information for the Council. Given the motion, and I assume if it passes, I will provide in the Findings which you'll get a chance to look at, that those -that the development agreement and the CUP will follow in those applications because our legal authority to .require development agreement will be in the rezone designation portion. I think that's basically kind of how it was handled by the Planning and Zoning recommendations, and I intend to follow that lead °if that's agreeable. Rountree: That's fine. Corrie: Any further discussion? Hearing none, roll-call vote; Mr. Rountree. Rountree: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Bentley. Bentley: Aye. MOTION CARRIED: ALL AYES ITEM 21. PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE FAMILY RESIDENTIAL TO MIXED RESIDENTIAL -FOR TERRACE LAWN MEMORIAL GARDENS, INC. BY CLARK DEVELOPMENT/BILL CLARK -SOUTH OF FAIRVIEW AVENUE BETWEEN EAGLE ROAD & CLOVERDALE: ~, ~'r~ ~ ' ~; _ e ,r September 28, 1999 ~ MERIDIAN PLANNING & ZONING MEETING: •• SEPTEMBER 30 1999 r E APPLICANT: DEVELOPER DNERSIFIED REALTY CORP/DAKOTA CO ITEM NUMBER: 2 ~' ~` "REQUEST: REQUEST FOR COMPREHENSNE PLAN AMENDMENT 70 CHANGE LAND USE OF 12.3 ~ ACRES FROM SINGLE FAMILY RESIDENTIAL TO COMMERCIAL c AGENCY COMMENTS CITY CLERK: CITY-ENGINEER: CITY PLANNING DIRECTOR: COMMENTS COMING CITY ATTORNEY: ' CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER 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: d c ~YQ~ ~~v IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER: Aii Materials presented at public meetings shall become property of the City of Meridian. -~ - Meridian Planning and~oning Commission Special Meeting• July 29, 1999 Page 27 , Rossman: Yes, as the first item in the agenda. I guess just continue it until the end of the public hearing tonight. ~ , Borup: i•move to continue Item 2 till the end of to nights agenda y r. ; De Weerd: You mean after agendanumber 5 or°after- MacCoy: Four. t Borup: Three and four. !i De Weerd: After the JUB. Thank you. I would second that. x ~l MacCoy: We have a first and second. Ali in favor. MOTION CARRIED: ALL AYES. ~~ ITEM 3. CONTINUED PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND USE OF 12.3 ACRES FROM SINGLE FAMILY M. RESIDENTIAL TO COMMERCIAL BY DEVELOPER DIVERSIFIED REALTY CORP DAKOTA COMPANY-SOUTH OF FAIRVIEW & EAST OF RECORDS AVENUE: MacCoy: Shari? ;.. Borup: Mr. Chairman. Do°we need to have the votes reflect a quorum. Rossman: A vote by the Chairman since we are missing 2 Commissioners. Borup: For a majority: , We did not have a majority vote.-~ MacCoy: Well there is three of us here. That makes `a majority for the-- 4 , De Weerd: Did you.vote? t ~ , MacCoy: i voted, yes. We are covered. I °said aye so we are three of us. Make a note of that officially. Shari, anything you want to say„about item 3 at this moment? . We are getting ready to -move on here. Stiles: Nothing beyond my request to continue the public hearing. I ~ MacCoy: Okay. Thank you very much. Mr. Durkin do you want to now make a statement at this time. .~ Durkin: I really want you to know that I~am trying.to be as brief as possible tonight. appreciate and I want to thank you for`holding this special hearing:- (think. it is beneficial for everyone and t appreciate it. An' extra night out of your week and thank you for x, Meridian Planning'and~6ning Commission S ecial Meetin • p 9 July 29, 1999 k Page 28 ~` doing that. If I seem like I am getting a little windy-what we are trying to do, it seems very complicated as I said last time, but our plans..are quite simple, but there are certain' legal steps that we have to go through relating to this Comprehensive Plan change. It's a fairly new statute that's new to me. I think it is fairly new to the City of Meridian. The state's statute limiting fihe numbers of applications. i am trying to be careful of how we {' go through it so we are all -that we make sure all the bases are covered. i am just going to read. from some of the comments I made last month, but what we are trying to do is add -about 12 acres to this shopping center. As we just talked about, we are trying to rezone part of the center and then the 12 acres that we are trying to add, we are trying to annex it and we are trying to get the Comprehensive Plan changed to reflect our intentions. This is a blow up map of the City of Meridian's Comprehensive Plan and to give you-I did not make up these colors for people in the audience or may have not ever seen one of these maps. This is an exact duplication from the book that is put out by the city. To give everyone their bearings, this is Fairview Avenue. This is Eagle Road. The light tan color is property that is in the county. (t is in the City of Meridian's area of impact and its designated in this Comprehensive Plan as single family residential. Much of this land is an occupied cemetery. The likelihood of that changing to a single family residential is not great. Nothing that we are doing in our plans would interfere. with the occupied portion of the cemetery. This area is the center that we now are under construction with. This area right here for any of the Crossroads residents, this is where you live. It is probably likely to assume that this will: at some point be annexed into the city. That it will be single family and that it will be a natural continuation. of the Crossroads Subdivision. What the City of Meridian's left with in the area of impact is a small piece here that is an occupied cemetery potion. What we are trying to do is change this area right here so that all the frontage on Fairview Avenue would be consistent, developed by the same developer, same access, same landscaping and we think we meet all the hurdles for'the Comprehensive Plan requirements. The access is controlled by us. So it is a natural continuation. I think it's not likely listening to the testimony earlier tonight, that your going to see single family residential development along Fairview Avenue in this area. We are asking to`change the Comprehensive Plan from single family residential to commercial so that we can then add it to our development. This is a blow up section of the map and I do have handouts of this map if anyone would like to see it. I have provided one to all the Commissioners and to the staff. Our request was submitted to the city on May 3, 1999 and i think having attended thousands of these hearings around the country over the years, everyone is in a hurry. We are in a hurry on this one as well. I think that when your trying to hurry you just need to make sure you do things right. What we are suggesting and what we are applying for we feel very confident that it is being done right and that it is the right thing to do. A month ago when we talked there. was some t discussion about can you hear one Comprehensive Plan change. Is that an act. I don't know if the City Attorney has done any research on that. I've done a little myself. By delaying this Comprehensive Plan which had the major controversy to it last time was the water issue, which we think is resolved. By delaying it for another and then another month and then putting it into a large package of other Comprehensive Plan applications, it is going to hurt us. That is not the worse thing, but I don't really think it is the right thing for the City of Meridian to do. Upon completion, this shopping center will Meridian. Planning and~ning Commission Special Meeting• July 29, 1999 '~ Page 29 represent the major- retail development for the city today and for the~long run. By delaying this Comprehensive Plan for that period of time, knowing that we have to go t~ through the conditional use process, The zoning process and all the other matters after #~ that-and also speaking from 20 years experience of going through these things knowing that it is unlikely that it will be accomplished in September, I think what you are ~~ going to have is six, sever or eight months from now we will be talking about this same F application. As I mentioned earlier what we are asking is complicated but it is simple. It is the right thing for the City of Meridian and I would really like to see you recommend that it go forward so that it can finish off what we think is going to be a prime commercial development for the city. I would feel a lot differently about it if what we were hereto night talking about was a speculative adventure. With no disrespect to the previous $ applicant that was up here, I am not saying I don't know what I going to do. I am not saying were just doing this to take a look at it. I know exactly want we are going to do, ~ what we want to do. I've submitted exactly what we want to do to the city. It has been I in the city since May. We would really ask your approval on this tonight and by the time you get to the other ones, I am fairly confident that your six month lapse will have ~` expired. Having been through this with the City a year agog. and I think it has been a good experience for us and it has been a good experience for the city, but it will as a matter of fact jeopardize our 210,000 square foot grocery store from going into this project if we do face that additional delay. MacCoy: Commissioners? '' Borup: Mr. Chairman. One that is informational. The property, is that where the ~ nursery is? So it has the nursery building right there also.-their office and their retail store etc. Durkin: The owners of the land are (inaudible) Borup: The parcel your talking about is the D&G .(inaudible) r Durkin: They have a rental agreement with the nursery. ~~ Borup: So their building a building. on the property their renting. Durkin: Frankly, I am not certain with the 'terms of their arrangement. r Borup: I guess my question was, there is a retail building grid nursery, which the nursery is not too hard to move. That is (inaudible) single family residential, with a business building on it? Durkin: The zoning right now is a county zoning. It is rural transition. Borup: They must have had a conditional use or something. Meridian Planning and ~ing Commission Special Meeting • f July 29, 1999 Page 30 ,. Durkin: They must have had some kind of arrangement with the county. More I' importantly, it is in the city's Comprehensive Plan. Borup: I understood that. I was just curious how it got commercial building on there right now.,, The other was more of a comment. Talking about the timing, the six month period, etc. where the present time it looks like our new Comprehensive Plan is probably a little bit ahead of the schedule that was°discussed six month`s ago and I am thinking we're not wanting to interfere with the adoption of the new Comprehensive Plan by delaying something out too,far which, if we accept your application now, it pretty much means anybody after this would probably not have a chance until six months after the new Comprehensive Plan is adopted. ` Durkin: Well I - e: Borup: I think that is-the rationale that- Durkin: I'm not-there is a legal issue. There is a lot of questions. The way the statute '' reads-I did not bring it with me tonight, that the Planning and Zoning Commission is allowed to take an action on a Comprehensive Plan .change no more frequently than once every six month. Does that sound pretty close counselor. Rosman: I think it's Planning and Zoning Commission or the Council. Durkin:..) think it specifically---anyway we can look that up at a later date. t Rossman: I think Steve has it over there, if we want to look at the actual language. Durkin: But you've actually taken an action on this application a month ago by -you heard our application and you continued it. So you did not conclude that action, but you did in fact taken an action on our application. You took an action on this application tonight. So you -have taken the number of actions and there is a lot of-interpretations. I really feel by making a recommendation to Council to night, that they approve this. Your looking at August, September, October, November, December and January you can make recommendations to the Council again. I think that that is the likely time t when your new Comprehensive Plan will be ready to do that and the other applications ' that are in the speculative stage right now might be ready to go forward, but if you did make that'recommendation to night, that is the time we would be under construction with our project. It is a valuable 6 months~that we would lose. Rossman: Just to clarify Mr. Durkin's comments, we do have a copy of the statute out of Code Section 67-6509 (d). It refers to a person may petition the Commission or in absence of a Commission, the governing board for plan amendment at any time. It just refers to your ability to petition the Commission at any time. The Commission may recommend amendments to the land use map component of the Comprehensive Plan to the-governing board not more frequently then once every six months. It doesn't refer .Meridian Planning and ~ing Commission Special Meeting • July 29, 1999 Page 31 to action, it refers to amendments. to the land use map component of the Comprehensive Plan. Durkin: I-don't know.- Is that the full statute? Rossman: It's the full provision on the six month requirement. Durkin: Okay, cause there is additional language on that at somewhere else in the statute, but that talks about the text. 'f Rossman: Yes there is an additional sentence. It ways the Commission may recommend amendments to the text to-the Comprehensive Plan and~to other Ordinances authorized by this chapter to the governing board at any time. Durkin: Earlier in the statute prior to the land use section, it talks about the an action. Rossman: Just to be sure, your not talking about a change to the text to the Comprehensive Plan. Your talking about a change and amendment to the land use { .map component to the Comprehensive Plan. Durkin: That's my understanding it actually would require both. Rossman: I don't think there are any cases that have been decided on that interpreting that provision but my literal reading that provision would indicate the Commission may only recommend amendments to land use map component of the Comprehensive Plan no more frequently than once every six months. You can make textual changes but land use map components can only be done once every six months. r De Weerd: Mr. Chairman. Can I ask the City Attorney a question? MacCoy: Sure go ahead. '` De Weerd: Would that mean once we vote on, once we take action on any of these, that six months begins. Not at the'point where the governing body decides on it. t Rossman: Yes. It does refer to Commission action. It is talking about recommendations by the Commission to the City Council. The Planning and Zoning Commission may only recommend amendments to the land use map component of a Comprehensive Plan no more frequently than once every 6 months. De Weerd: So does that mean if we took action on this tonight to be packaged with the other ones in September, we are all ready starting the 6 month period by doing that. r ~ Rossman: My literal interpretation of that is if you take action and recommend an ~; amendment to the Comprehensive Plan ,the land use map component of the i i • Meridian P arming and Z'6ning Commission,Special Meeting 1 July 29, 1999 ~ Page 32 Comprehensive Plan which is being requested, you can't-make another request or recommendation- to the City Council for 6 months. De Weerd: So we could not do anything official until we hear all of them if we want to hear all of them. Rossman: You can't make a recommendation to City Council until your ready to wait another 6 months to make a further recommendation on the Comprehensive Plan amendment to reflect the land use component. k De Weerd: Thank you. f MacCoy: You look at what Shari talked about earlier about the timing. This was looked at because she is running the leader on the Comprehensive Plan work or amendment and in order to take of all the ones she knows that is coming in they set a date so first to receive then versus review and then it would all go out the same time so we'd have a starting date like a gun goes off at a race. We don't think, by looking at the time scale, was what Durkin talks about here, by the time we get through that (inaudible) we'll still be completing the final draft for our Comprehensive Plan. We are fitting it into a calendar situation where we try to work that everything gets done in right step and we don't hold everything up. Rossman: Then there certainly should be some consideration for the fact of Mr. Dakota's particular development of this case. Obviously, it is going to impose some problems on their development, but you have to take into consideration of the statute that ties your hands so to speak, so you do have to take. into consideration these other applications in deciding whether or not your going to take action or make a recommendation at this point on this application. MacCoy: Correct. Durkin: The other option that may be available to is to approve this tonight and make a motion that it is approved to be included with your mountain of recommendations up or down at a later date. ' Rossman: But can they do that under the literal reading that statute where it says they may only recommend approval once every six months on an amendment the. land use component of the Comprehensive Plan. Durkin: But they wouldn't be sending that recommendation or making-that recommendation until a later date, but it would end the testimony portion of it and the 1 hearing portion of it. This part of the exercise. The option that is available to the city is l to make a recommendation or to have a motion that they approve it but do not make the recommendation until they make all of the other recommendations at a later date. E think what your going to face is a night of -you'll go around the clock for 24 or 36 hours. Meridian Planning and ~ing Commission Special Meeting • July 29, 1999 Page 33 r Rossman: How does that benefit your application Mr.~ Durkin? I mean, obviously r nothing takes effect until City Council takes action. Planning and Zoning Commission's recommendations merely.recommendations Planning"and Zoning's decision that they thing they will approve this application at some point is merely that. Until City Council actually takes action on it how does that benefit you and your application? Durkin: It benefits us in our application in that we can continue with other critical phases ' of our planning, both with neighborhood input and planning for the building. Getting a design. Meeting with architects. It triggers an awful lot of things that take a great deal of time. I think- Rossman: But as we've see in the last few weeks or last few meetings, City Council doesn't always agree with the recommendation of Planning and Zoning Commission. Is that really something you can rely upon. I` Durkin: I think that that's safe if that occurs in many different cities but it is something that obviously my risk to rely on, but I certainly would feel comfortable relying on that. Borup: Mr. Chairman. I think may be what Mr. Durkin is saying we could close the public hearing and,table it until -which would save us a whole another public hearing the same time we are going to have a whole list of others. MacCoy: That's what I think I hear (inaudible) working that street. We continue tonighf as a special meeting to hear the documentation and all said about this item here. We are going to continue fo do these with other ones, so when the time belt comes up, we have already taken care of your operation here grid they are going to come back in the same order we've got them here. You could step up that night and say we've all ready made our statements and were--- Borup: I am saying if we close the public hearing there's-we don't have to take any other statements. MacCoy: Well that's true, but that maybe is not a good thing to do because many by the time September comes around; maybe he would want to make some more statements. Borup: Let me ask Eric something. Can we vote on an item and not'send it to City Council till later date. Rossman: I don't see anything in the Meridian City Ordinance. I am not aware of anything under state law. On the other hand I guess there is nothing in there that would preclude you from doing.that. It would set a new precedent in this jurisdiction. 1 don't think it's ever been done, but I can't tell you that It can't be done either. I think what Mr. Durkin is referring to is that you~make a decision and make a vote that you are going to E recommend approval of this application but you don't send the recommendation through for until you are ready to send all of them through. Once'again, it would take a legal ~t x ,. Meridian Planning and~ing Commission Special Meeting• July 29, 1999 Page 34 interpretation of the statute as to whether or-not a decision or action approving-- that you are going to recommend. approval -if that is a point of time that triggers. the 6 month requirement or whether it is actually sent through to the City Council. I can't tell you that what with the reading of the statute. Borup: Mr. Chairman. I do have (inaudible) a couple other attorney's if you would like- Rossman: You've consulted with other attorney's? (Inaudible) Borup: This is Mason and Harrington. I think their comment agrees with what Eric said that it repeats the same thing. What they are saying is that the planning commission is limited. to recommend changes to the governing board no more frequently than every- 6 '~{ months. Our recommendation to Gity Council according to their interpretation is a 6 month limit, which doesn't prevent us from having testimony and public hearings. It's just that the recommendation is limited to that 6 month period. Durkin: Mr. Chairman, may•I make a request. We've been going here for since 6 o'clock and I would like, you have the benefit of talking to your attorney. I happen to have.mine with me. I'd like to ask if we could take about a 10 minute break. I just want to ask him a question. This is tricky. MacCoy: All right. Lets do that. We will be back here at (inaudible). De Weerd: Mr. Chairman, I°guess I have one comment to make so he can talk with his attorney ab-out it. If we look at interpretations and there is references as to what other cities do, other cities only look at amending their Comprehensive Plans twice a year and they have specific dates or months they take that action. Which seems fair to me and it k is something this city needs to incorporate within its procedures. I think one thing that I your application and JUB's application did that staff has been trying to put off till our Comprehensive Plan has been updated and once your applications came on to our ' agenda everyone else said. hey you know, we've been delaying this. We want our chance too. They are also aware of the time frame, so I think that we also need to be sensitive to those things as well. MacCoy: I could use a break. Back at 8:30 . MacCoy: It is about 8:35 p.m. We are going to reconvene right now and when we left.: here. a few moments ago. What do you want to say now. t. Durkin: I would like to ask if it would be all right if Kemer Green just addressed a couple of issues on that statute. He has a way to put it into words that are-make for sense then what I am trying to say. I know what I am trying to say. Meridian Planning and ~ing Commission Special Meeting • ,a July 29', 1999 Page 35 Green: Mr. Chairman, member of the~Commission, Mr. Rossman. Kemer Green, attorney. Boise, Idaho. Address.1505 Tyrell 83702... I appreciate the process and ~ watching all-the hard work that you do. I represent a lot of school boards and they like you spend a lot of time and a lot of hours and the°community owes you. a lot. I really enjoy watching this. You also have good Counsel, and I don't mean to be trying in any F way to not .recognize that. I just wanted to add my opinion and my thought to Mr. Rossman's thoughts. It's my opinion after reading the 67-6509 which is the statute that... deals with this Comprehensive Plan change that the decision; your making the decision_ to approve or eventually recommend, can't be the trigger mechanism that sets you off on another six month waiting period. Obviously, you have a lot of matters that are coming before you. If that would be true, then the first one you would vote on would 1 stop or preclude the- other applications from being acted on if you interpret the rule that . Y way. The statute is pretty clear as Mr. Rossman pointed out. You can make an application to the Commission at any time and I think that what. that envisions is-these are time consuming matters as you well know more than anyone else. It envisions the , Commission being able to field these applications as they come in. To be able to deal with them and go through the testimony and evidence and the time consuming function .that you have and then being able to accumulate those and package them-send you recommendation on to the City Council for final review and ultimately perhaps, a second hearing of material for thaf process. I think it is kind of clear that the drafters of the statute did not want the City Council to have to face one or a borage of requested changes or recommended changes in the Comprehensive Plan on a monthly basis or at every meeting that they`meet. They want to be considered twice a year. It would appear to me that this allows you to in an orderly matter go about your work. Take the time and put in the effort necessary to hear these things out. Give everybody a chance to speak their piece. Make you °decisions and accumulate them and make recommendations twice a year. The advantage to the (you asked. about advantage) f, Commissioner Borup, the advantage to the applicant is that you can come before this body. You can prepare. You can make your maps and get your handouts and `decide what it is that you want to say and get it over with. Answer and field the questions fromY t patrons and from the Commission and whatever. The advantage to you is that you can take these things in an orderly manner, can consider them, make your initial decisions _ to approve and be -done with that matter and move on to the next one. I can't imagine depending on the.number of applications you have what it would be like on the last night if you had to make final decisions on all of them at that time. It doesn't make any sense that you would be able to vote on them all at once because some of them your going to,recommend.and perhaps some of them you are not going to recommend. You } have to consider them individually. There is advantages to both sides and that is my interpretation of what the statute means and perhaps how it should be interpreted. MacCoy: Thank you very much. Mr: Durkin do you have anything else you want to add. Durkin: Well again I appreciate your time on this matter and again I am ready to answer•any questions, but this particular phase is one we would like to conclude. 3 t Meridian Planning and~ing Commission Special.Meeting• July 29, 1999 ' Page 36 MacCoy: Commissioners, .any questions? De Weerd: Mr. Chairman. Only to the, city attorney on what his interpretation-would be. Rossman: You had to do'that to me...this is a new statute. I certainly don't profess to be the ultimate authority on the statute. What I gave you earlier was really my review based upon my review for the first time during this hearing, just as Kemer did. My -- understanding from reading the language_of that statute and what it means. Kemer raised an interesting point and that is that if you can only do it twice a year and your getting all these Comprehensive Plan amendment proposals, throughout the year, and you can't act on them immediately. You have to table them and act on them all at the same time, in a city such as Meridian where there is very high activity in Comprehensive Plan amendment proposals, a lot of development that could complicate things for the ., Commission and-that they have to pile all these on at once. My concern though from ~ reading the statute is that it refers to the fact that the Planning and Zoning Commission may only recommend -make a recommendation on the land use map portions of a Comprehensive Plan once every six months. Our practice, our ordinance, the history of ~ practice for the Meridian Planning and Zoning Commission has been to make a ' recommendation, make a vote here at the bench, make a decision as to whether they, are going to recommend approval or recommend denial of a application and that- that is ail the further action they are taking. It is not brought back another month later for them to review a recommendation and there is no further action. My concern is that by . making a motion to recommend approval at this point, but not send the approval i through until a later date, you may run into some -I don't know the actual answer to that but you may -there is a potential for some legal complication. If someone were to come in and attack and say that that action by the Commission from the bench on July 29, ` 1999, was in fact the recommendation of approval and it is not in fact when it is sent through to City Council. It was actually'the action taken at the time of the public hearing. That is my,concern. I can't tell you until we get a court interpretation of it. I can't tell you what the answer is entirely. All l can say is there are legal concerns by making a decision to recommend approval at this date and send it through later. My recommendation is that -and I am not sure that it provides Mr. Durkin with really any security that in fact his application is going to be approved. If this Commission recommends approval; it's the (inaudible) by City Council. They can decide whether they want to deny it or approve it and certainly whether you have recommended" approval or denial is not something they are bound to or even own deference to. My recommendation is that you take action on whether you want to close the public hearing today or continue the public hearing. If you choose to close the public .hearing today, I would recommend you table final action on this particular application until your prepared ' to take final action on all requests for amendment of the conditional use or the - Comprehensive Plan for the City of Meridian. Did you get all that? MacCoy: Yes. All right Commissioners. Having heard~from the- t Meridian Planning and~ing Commission Special Meeting '' July 29, 1999 ,~ Page~37 Borup: Mr. Rossman was talking Mr. Chairman. I don't know whether to .bring this up, but I did have one other thought. Until not that many months ago we use to prepare the Findings here.. Rossman: And City Council decided they rather not. 3 Borup:_ That is the third solution. Make a vote to prepare the Findings and then don't have to vote on the Findings until whatever date-do we? Can't we table the vote on the Findings until any time? Rossman: All you can do is -you can't -and the reason we changed the procedure 3 that was. adopted before is Meridian City Code is set up so that City Council takes final ' action on all these applications. There is no reason for Planning and Zoning Commission to be preparing Findings if in fact they are not going to be taking final } ., action. All .they are doing is making recommendations. I don't know about Findings. You..certainly could say that we move the City Attorney prepare recommendation to be approved by us at a subsequent hearing, written recommendation. I still must say that there is a concern that that action that your taking from the bench at the public hearing is in fact the action of recommending approval. If you are going to do it, I would } certainly favor the approach that Commissioner Borup just indicated that you recommend a review and approval of a written recommendation be sent up to City Council. I still have concerns. If someone were to challenge.and say that that in fact ` was the action -someone that disagrees with one of the other applications for an amendment to the Comprehensive Plan, it certainly invites a challenge by_them to come in and say that we acted twice within 6 months. Borup.: Mr. Chairman. Mr. Rossman. Your saying the safest would be close the public hearing -and delay the final vote. Rossman: Table final vote. Borup: Thank you. De.Weerd:y (Inaudible) MacCoy: Okay. What are you going to do? We know what he is going to be saying to us. Durkin: I think the City Attorney just really hit it on the head. But really what we are asking for is,a motion that would be for approval for us for subsequent recommendation or future recommendation to Council. You put that in you recommendation stack, but if the motion is clear that your generally~in favor of it ,that would (inaudible) the public hearing portion down and when in the future you send a big stack, this-would be in the yes stack. I think next month when you get to have°a meeting on another issue, you can take the same approach, either yes or no. What we are asking fords -would be a I ,Meridian. Planning and~ning Commission~Special Meeting July 29, 1999 Page 38 motion that would be a motion in favor of approval for subsequent or future recommendation to-the Council Rossman: I might add one comment and. that certainly may not be what Mr. Durkin would want to hear, but I think with a new statute like this, with a new provision like this, the Commission and action that they take on this particular application, would have presidential value. If you are going to take the action on this application, you need to be prepared that that be your policy. If other applications for conditional use or for Comprehensive Plan amendment come before you, you better be prepared to consider' taking the same action that you took here. It involves'the scope of your decision extends beyond -this particular application. Borup: Just on other comment along-that same line. This is as far as I know, in 6 years we had one Comprehensive Plan application half a year or so ago, and then this group now. That has been it. MacCoy: You mean for ask us to do that? Borup: Yeah. fs that correct? r .MacCoy: I think about right and we turned that on down. ;. Borup: So I guess what I am saying that this is unique for us. We have not had -any - F and I think that this probably means that we do need a written policy. I hope what we do here won't necessarily setting that policy, but we will have a chance to decide what we want that policy to be., Rossman: I don't -know. With the potential for litigation relating to an alleged violation of that statute or the spirit of the statute or whatever, I think that my preference would be that that be a if a policy is adopted, it be a policy that is thoroughly considered by both the Commission and the City Council and that perhaps even formalized into a written policy or ordinance that would indicate how these would be handled. Borup: The only other comment I have is as we have done on this other, would it be ' appropriate to heard Item 4 before we-and then discuss all these we've MacCoy: (Inaudible) have to do it because I am -2 and 3 and 4 are all related. We put Item 1 off till the end of the meeting any way. It doesn't fall into the same category, stands on it's own, but the other three belong together. They have to be together G according to legal standpoint. Borup: So do we need a motion to continue that? MacCoy: Just like you did number 2. d . Borup: I move we continued Item 3 to end of meeting after Item 2. ,. t ~ 0 ~~ HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live ~ ~ Counci M tubers CITY OF MERIDIAN PUBLICBWORKS 33 EAST IDAHO BUILDING DEPARTMENT CHARLES ROUNTREE (208) 887-221 l GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTMENT (208)884-5533 MEMORANDUM: ~LIV~~-'~ ~~ -~ 1g~~ To: Planning & Zoning Commission, Mayor & Council ~~~ ridian From: Shari Stiles, P&Z Administrator ~~ City C1~T~' Of fI J ~ Ctiy Np0 Re: Request for Comprehensive Plan Amendment to Chap Ia -noes from Single-family Residential to Commercial by De;~r.,~s~ive~d Realty Corp. We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: 1. Although the Applicant has also submitted a request for annexation and zoning of the 12.3 acres, staff did not process the annexation and zoning application as it is not in compliance with the Meridian Comprehensive Plan. As no action could be taken on the annexation request other than a denial, staff felt the time and energy expended would take away from valid requests. 2. The City just entered into a contract with SAIL for updating of the Meridian Comprehensive Plan. The process is expected to take 12-18 months. 3. The parcel does not appear to be eligible for a split and would require a subdivision plat to be submitted and approved. 4. The Meridian Comprehensive Plan currently designates this area as single-family residential. Although changes are occurring in the area that may make other uses desirable in this location, staff feels the request for a comprehensive plan amendment should not be granted at this time. More detailed policies need to be established regarding the commercial and mixed/planned use development areas, and development of strip commercial is to be discouraged. 5. Commercial development immediately adjacent to the cemetery could be disruptive to those holding services there and consideration for buffering of the cemetery would need to be closely reviewed. CPA-99-002 DDRC.CPA ~~. Planning & Zoning Commi~sion/Mayor & Council ~ _ June 17, 1999 Page 2 6. Idaho State Code '-Title 67, Chapter 65, states that the commission may recommend amendments to the land use map component of the comprehensive plan to the governing board not more frequently than- once every six- (6) months. If this change is recommended for approval, NO CHANGES CAN BE RECOMMENDED FOR ANOTHER SIX MONTHS. &, CPA-99-002 DDRC.CPA .~. Meridian Planning and Zoning Commission, June 17, 1999 Page 4 Barbeiro: Mr. Chairman. Prior to entering into .Item Number 1. My employer is currently constructing a large commercial project with in Phase 1 of the Family Center, under the direction of Dakota Company. To avoid any appearance of a conflict of interest, I request the Chair excuse me from agenda items 1,2 and 3. Borup: Okay. Thank you commissioner. Duly noted. Commissioner Barbeiro as he mentioned, wiH not be participating in the first 3 items. Miss Stiles._ Stiles: Mr. Chairman. Commissioners. Theymemo that we have dated June 17, 1999, that addresses the Comprehensive Plan amendment that Item Number 1 is our comment on the discussion of the annexation application that we did not process. I'll just read it in the record. Although the applicant has also submitted a request for, annexation and zoning of the 12.3 acres, staff did not process the' annexation and zoning application as it is not incompliance-with the Meridian Comprehensive Plan. As no action could be taken on the annexation request, other than a denial, staff felt the time and energy expended would take away from valid requests. Borup: Any~questions on that from any of the Commissioners? We.do have the applicanfi here, so (think we---did you have any other comment on Item Number 3 before we--well do we have any other discussion on that then?-Yes. Proceed. Stiles: I don't. have anything in addition for Item Number 1. ..Borup: Okay. Commissioners understand what she was.. trying to say there? Okay. Did .you have-Okay let's open up the hearing for Item Number 3. Applicant is here. You may proceed. ~ITEMr3: PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND USE OF 12.3 ACRES FROM SINGLE FAMILY RESIDENTIAL TO COMMERCIAL BY DEVELOPERS DIVERSIFIED REALTY CORP / DAKOTA COMPANY-SOUTH OF FAIRVIEW & EAST OF RECORDS AVE: Durkin: Mr. Chairman. I am a little confused on one point. I thought that I would be allowed to offer testimony as related to.that discussion the first agenda item, so I would just like to offer a couple comments on that. Borup: Does that cover, #hings that aren't covered in the other two. I think that would be appropriate. Proceed. Go ahead and say your name for the record. -Durkin: My name is Larry Durkin. My address is 380 E. Park Center Blvd. Ste 100, Boise, Idaho. I'd .like to take a -few minutes to give a overview of the three. applications that we've submitted tonight, if .that's all right. Then I.am going to immediately address some comments relating to the first agenda item. I .think it will be more clear with what we are trying to do if you give me a moment to do a broad overview: As you know, the shopping center at Eagle & Fairview, is well under way. What we are trying to do Meridian Plannin and Zonin Commission ~ . ~'" 9 9 June 17, 1999 Page 5 tonight is add 12 acres to the center. We are trying to rezone part of the center and trying to annex the 12 acres that we will add to the shopping center. The process is very complicated but yet our plans are quite simple. Unfortunately, with 3 applications for the same use, there is a lot of redundancy at each application. If you have any suggestions on how I can simplify it, I'd be happy to do so. Prior to starting I, am going to have some` handouts for the commissioners that are identical replicas of the boards that 1 will be showing tonight. You have them in front of you so that you can look at them. I am going to tel{ you right now what the 4 sheets are and then, `as we go throughout the evening with the other agenda. items, those same props will... be used. For the benefit of the public that is here tonight, I'm going to ask Tom Bowins from our , office to stand up and point to a few things on the board against the wall. That is the sheet that you have. That is a larger scale of it', but you people in the public can see possibly from where they are. I don't know if that is visible enough. That first sheet is the center, as we have approval now to build it. The bottom section, the future phase, we didn't draw in the building's but we have now a condition use permit for that overall center as it is displayed on that sheet. The second sheet is an enlargement of the ' Comprehensive Plan map showing the property that we wilt talk about tonight `~ r throughout (inaudible) applications. The third sheet is the combined property east of Records Drive. The forth sheet is a drawing of how the center will look with the added property when fully developed. Now I'd like to talk about the first agenda item. We would like to have the annexation matter heard concurrently with the Comprehensive ' Plan since the two are~absolutely related. This is not a speculative venture for us. We are asking for approximately 12 acres to be added to the center so that we can ' accommodate a specific and a specific tenant. Throughout our applications, we will be asking you to impose a requirement that we go through a development agreement on the development of that additional 12 acres, as weal as the other property that we will be talking about tonight. I have photo copied page 78 from the latest issue of the Meridian Ordinance book. I have high{fight for your just to point out to you Section 2.417. I have highlighted a sentence in there. The senterce reads, "The application to amend the Comprehensive Plan and the Meridian Urban Service Planning Area, must be processes and granted either simultaneously or prior to the annexation application." It doesn't state there that it has to be separated. It does give the option of doing it either way. i did not highlight this section, but if you look at the very top of the page, the first sentence reads, "If the annexation shall necessitate an amendment to the Comprehensive Plan, the Commission shall advise the applicant to request a Comprehensive Plan. Amendment prior to further consideration of the annexation." We acknowledge-that we've been notified that a Comprehensive Plan change is required, and we are going through that process. But in the interest of consistency and simplicity,, and in an effort to give the public to comment on .all three applications while they are -being processed, we would request that you hear them simultaneously since the ordinance book gives you that right. That's the full extent of the comments I have regarding agenda Item Number 1. Borup: Any questions from any of the Commissioners? Thank you. Would you like to proceed to Item Number 3 than Mr. Dunkin? Okay, Item Number 3. i ,~ 1 t MERIDIAN PLANNING & ZONING COMMISSION MEETING: JULY 28.1998. APPLICANT: DAKOTA COMPANY AGENDA ITEM NUMBER: 3 REQUf=ST: COMPREHENSNE PLAN AMENDMENT TO CHANGE LAND USE OF 12.3 ACRES FROM, SINGtE FAMILY REStDENTtAt TO COMMERCIAL { AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES 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: Y- '- INTERMOUNTAIN GAS: ~v kw,~ ~~w c~psc ~;2 ,~a 2"n BUREAU OF RECLAMATION: OTHER:, t Alt Materials presented at public meetings shall t~ecome property of the City of Meridian. Meridian PI nni a ng ano~rnng Commission June 17, 1999 w Page 6 ITEM 3. PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND USE OF 12.3 ACRES FROM SINGLE FAMILY RESIDENTIAL TO COMMERCIAL BY DEVELOPERS DIVERSIFIED REALTY P CORP/DAKOTA COMPANY-SOUTH OF FAIRVIEW & EAST OF RECORDS AVE: Borup: I need to open up the Public Hearing. I'd like to open the hearing on the item I just read. Staff have you got any comments on this item you'd like to make. Stiles: Mr. Chairman. Commissioners. Nothing in addition to the comments we made in our memo to you dated June 17tH Borup: Mr. Durkin. You may proceed. Durkin: My name is Larry Durkin. My address is 380 E. Park Center Blvd., Ste 100, Boise, Idaho. I am-the president and owner of Dakota Company Inc. A Boise based ~ development company. 1 am here tonight on behalf of the applicants, Developers Diversified Realty Corp. I'd like to make a couple points for the record for interest of clarity for this application and the others. When :I .use the term I or me, I am referring to the applicant with their permission. One of the members of Developers Diversified is here tonight. Next, we have or will be changing the name of the entire shopping center in the very near future. From the Family Center, at Meridian to Meridian. Crossroads. So, throughout my testimony, when I use the terms The Family Center, Meridian ~y Crossroads or Crossroads, I am referring to the entire shopping center that you have , know through previous applications as The Family Center Meridian or the Family t Center. I just thought that would be an important point to clarify and get on the record. In reading the Comprehensive Plan book, I could not find any guide lines or standards for how and why and if you were to request a Comprehensive Plan chance. However, 1 } did find in the ordinance book, some general standards that would be applicable #o zoning amendments. They are pages 76 and 77 and items 1-12. I am not going to read all 12 of them, but there are a couple that I'd like to bring to your attention. I took those a standards and tried to apply that test to our. application tonight, since it was the closest thing I could find in any of the book available from the city. We will talk about some of , these-things throughout the presentation tonight, but you look at item number 6, will the proposed use be hazardous or disturbing to the existing or future neighboring uses. W are going to talk about that tonight. Wiil the proposed use involve activities, materials, equipment and conditions of operation that will be detrimental to any persons property or the general welfare. We are going to talk about that tonight. Will the area have vehicular approaches to the property item number 10. Will the access be adequate is what they are saying there. And then item number 12 is the most important. Is the proposed zoning amendment or in this case the proposed amendment to the ' Comprehensive Plan in the best interest to the City of Meridian. I have some things tonight that I am going to go over that I hope you agree that it is. I am going to walk .. Meridian Planning and~ning Commission June 17, 1999 Page 7 over to the large map and point out one thing and'then I'If come back to the podium. is this microphone live? Okay. Throughout my presentation tonight, I am going to be referring to a parcel that we at Dakota Company and Developers Diversified, refer to internally as parcel number 5. So I thought just for the public tonight and for the Commissioners, if I refer to parcel number 5, I just thought I'd point this out the map so ' you'd know what I am talking about. I want you to be aware that it isn't a separate parcel of property and it is another procedure that we have to go through. This parcel is shaded gray area and including this white parcel is parcel number 5 of our shopping center. I will refer to that sometimes tonight and this is the property that I am talking about. For the public, I am talking about this piece of property right here. Last year we began the city approval process for the development of the shopping center as you've" seen on our first board. This process turned into a 6 month process, but we finally gained the approval and conditional use permit for the shopping center. And, as you " know, the shopping center is well under way. We are developing a shopping center in a couple of different phases and again ! am going to ask Tom to stand up there and point3 those out to you. Right now we have construction under way that runs from Presidential Drive to the intersection of Fairview and Eagle. Continues east to the intersection of Records Drive and Fairview. From a site standpoint, that's what we call phase 1. Our building construction that is under way right now consists of a Shopko Store that Tom is pointing out on the plan. We have submitted building permits for the retail building some of the retail buildings along Eagle Road and from a building stand point, that is going to be phase 2. Phase 3 would include the property we are talking about tonight, both parcel number 5 and if we are successful in gaining your approvals the added property. Thinking about the hearing process that we went through, both at the Planning and Zoning Commission and the Council last time, rather than rehash that, I kind of read through everything and went through our notes and I think that it's fair to summarize that there were two major concerns that we faced meeting after meeting ,~ after meeting. The one was the potential noise problems for the shopping cen#er and the second was traffic congestion and can the area handle this from a traffic standpoint. There are other concems like architectural and internal landscaping and internal traffic flow that we were able to handle. But I think that the two big concerns that we spend a lot of time on were the noise and the traffic. As "you know, we conducted several traffic , studies and concluded that the highway and streets were suitable for the center. We gained all the necessary ACRD approvals and three hearings that were held of ACRD. In addition, we agreed to add turn lanes, stop lights and to set aside some land for 3 future road widening and possibly even over passes: We conducted a noise study, or I should say we hired an outside consultant company to conduct a noise study. It is the first time I am aware of that ever being done for a shopping center. We spent a lot of i time adjusting the site plan and making other modifications to insure that the noise from, the operations of the center would not be a problem. Our request tonight is to gain your approval for an amendment to the Comprehensive Plan to allow the change from single, family residential use to commercial use for approximately 12 acres east of the land we own on the east side of parcel number 5. So for everyone's clarification Tom, could you point to that on the Comprehensive Plan-that's the area---and then on the other site plan against the wall. Why are we asking for this change? Do we really need more Meridian Planning an~ning Commission June 17, 1999 Page 8 space? It is a pretty big shopping center and we have a lot of building going on. Well let me answer these two questions and then I will go into the viability of residential use for the property as it is now designated. We are asking for this change in order to add a tenant to the shopping center that from a size and scope standpoint, can not be accommodated elsewhere in the center. This tenant will build a store that will bring r many benefits to the center and to the City of Meridian. Our application will meet or exceed the screening criteria that's now in place for the property. We'll continue that same screening and buffering to the added property. The landscaping plan for the ' added property will meet or exceed the conditions now imposed on us with the conditional use permit that we have. The change will result in the construction of a building that would not back up to residential areas, but it would not back up to any future single family homes. What loading that we will have will back up to a cemetery I and will be well screened and buffered. On the plan that we now have approved on parcel 5, we have approval for 100,000+ square feet backing up to an existing single family residential area. The change that we're requesting would take away any buildings from backing up to that area and those buildings would back up to a future street, the extension of Venture Street. On the east side of that street is occupied cemetery. Remember the two concerns I talked about-noise and traffic. From a noise standpoint, this is a drastic improvement. I want to talk about the traffic. We have submitted a letter to ACRD that addresses the incremental impact of this new store. 3~ The same traffic engineer that did the study for the entire shopping center did a study of what would happen if we took 100,000 square feet that we now have approved and added another 10,000 square feet. As you can see from the letter, the incremental ~ increase from a daily trip is fairly small and the peak hour trips are fairly small. I can't , think of another area in the City of Meridian or vicinity where you could do approximately 200,000 square feet of development with such a small impact on the traffic. But what if you say no tonight? What if you delayed this? Then what happened? Well this company will build a store somewhere else. Maybe in Meridian, maybe on the west side of Boise. The people that are shopping at our shopping center will continue to stop there, but they'll leave our shopping center and go somewhere else in the area, resulting in -another letter I am going to hand out to you. We received a letter today-from Ada County Highway District suggesting that the building that we are proposing could generate as many as 10,000 vehicular trips a day. So you have an opportunity to add this type of development and the benefits it brings to the City of Meridian but not have 10,000 trips a day, or somewhere in that area, but a significantly lower amount. We submitted the letter from Patrick Dolby to ACRD for their review and., late today they responded. I hand that letter out. They responded that they had looked at our numbers and they now understood that it was part of this development and that they did not feel a further traffic study was required and that they agreed with our numbers. So should this be deferred for 18 or 24 months, we will proceed- with our development on parcel number 5 and this store will be built somewhere else. Instead of a 100,000 square foot addition of space, you'll have 200,000 square feet somewhere else. The traffic impact of that will be significant. The property that we're trying to have the designation changed for along with the cemetery is designated as future single family residential. I think it is doubtful that the cemetery, which is occupied, will move. . ~t Meridian Planning. and~ning Commission a June 17, 1999 Page 9 So, the city is left with a small strip of property that is between a shopping center and a cemetery. From a traffic standpoint, should that land be developed, you'll have 50-60 homes built and their access would be onto Fairview Avenue, onto Ventura Street and 9 into an expanded section of Crossroads subdivision. Our plan has all of the traffic controlled going into our parcel number 5 and out on Fairview. There is no access into' the Crossroads subdivision of any kind. There is no access onto Venture Street from this development. We are handling the traffic in a way that will be beneficial to the adjoining property owners. We are adding the benefit to the city of revenues. We are adding a benefit to the adjoining property owners from a noise standpoint. The center, which is under construction now, is being built to handle this type of addition. The off site work or the work on the ACRD property, will be completed by us well in advance ofa the development on parcel 5 or the added parcels. Our improvements are widening Records Drive doing two left turn lanes, two right turn lanes. There is deceleration lanes. That work is underway right now with a completion scheduled in September. o You know other areas face problems with traffic. As I .read in today's paper, an ACRD in Meridian are challenged to meet the flow of cars because the planning did not take into consideration the future traffic or future development of some areas. In fact, today I read an article in the paper, I photocopied of anyone did not have a chance to read it, but this is in the Statesman this morning and it basically talked about the congestion , around -I guess I want to say the proposed Winco Store and the Home Depot area. The challenge there, can they widen the streets? Can they made the development work. Well our project was planned for this to meet the traffic today. To meet the traffic generated by the shopping center, and to meet the traffic well into the future. Should expansion be necessary, we have set aside land on all of the street frontages to make ~ expansion of the streets easy and affordable. As the traffic increases, it is doubtful that the land that we are talking about for the Comprehensive Plan change will develop into single family. In short the designated use is not likely to occur. Our plans will enhance the center, bring substantial revenues.,into the city, will put no burdens on the roads, will put no burden on the schools or parks or utilities and the addition of this property will , enhance the layout of the shopping center as it is now approved by the city. That concludes my prepared comments on the Comprehensive Plan request and I am happy to answer any questions. I would like the opportunity to have a rebuttal. Borup: Of course. Any Commissioner? Smith: Mr. Durkin. You stated that if this project doesn't go here, it's 100,000 square } feet, there will be 200,000 square feet bui{d somewhere else. 1 am confused. Durkin: Sure. I am going to walk over to the approved map. Commissioner Smith. If you look at sheet number 1 - I don't know if this is set up so you can see it. Okay. This is an exact duplication of this. This is sheet number 1 in your packets and this q represents the property that we now have approved for a shopping center. On parcel number 5, right in this area, we have the approval for approximately 130,000 square feet of development, which will occur by us in one fashion or another. We have an opportunity now to modify this. We have applications in front of you that would~allow 9 Meridian Planning and Zoning Commission • June 17, 1999 Page 10 that modification, that instead of building the development-the hundred and some thousand square feet on parcel number 5, we would be adding land to east and doing approximately 200,000 in this area. Most of this with the exception of the corner parcel goes away. If we are delayed or denied, we'll still build 130,000 square feet on this property. The tenant that we are trying to accommodate will go some place else within the immediate area and the result will be an increase of-you'll have a 200,000 square foot development in the area. I am not aware of a location in the City of Meridian that can handle that, there may be. But to give you an idea of the size and the scope and the impact of that type of development it would be quite similar to the Fred Meyer project at Fairview and Locust Grove. Smith: I guess my confusion-1 find additional parcel was going to be 100,000 not 200,000 square feet. I think I already know the answer to this question, but I don't suppose you can tell us who this prospective tenant is or type of business. Durkin: I am glad you asked that. I can tell you a lot about the prospective tenant. I can't tell you the name. I don't mean to be coy, but in our .business I can't do that. I have a confidentially agreement. I can't disclose at this time but the name will become apparent quite soon. The -we've had a number of calls from people in the Crossroads Subdivision, and when I say a number I think four. In addition, we've had a couple realtor calls asking about grocery stores---we need a grocery store, when you going to have a grocery store-when you going to have a grocery store. The tenant that we are proposing for this will have a grocery store. The development of this will probably result in the relocation of the grocery store that we anticipated building on Eagle Road and moving it over on to this parcel. It will bring a grocery store to serve this area. In addition, they will offer department store services as well but the primary focus of their store is food, grocery store related items. Smith: Thank you. Borup: Commissioner De Weerd, any questions? De Weerd: Not at this point. Borup: I take it that Macy's is not in the picture at this time. Durkin: They are still in the picture at this time. Borup: They still are. Thank you. This is a public hearing. Do we have any one in the audience that cares to comment on this application. If so, step right up. Woodvine: My name is Woodvine. 1 five on the corner of Records and Florence Drive. Borup: Your last name is Woodvine? Meridian Planning and~ning Commission June 17, 1999 Page 11 Woodvine: Yes. With a V. I have no' objection to any of this stuff. The only think I've got to comment on is the water. If and when you give the clearance to go ahead on all this stuff, would it be possible to have them line, that open ditch line, going east from the (inaudible) station to where it bends and heads south because then it's all concrete and then when it turns back around then it's open to Cloverdale and to the cemetery. The fluctuation of water that they're causing me it use to be that it did not matter. The date on your water right if you were at the head of the ditch, that was the best water right in the world. Well I haven't been at that pump station and I spend about 18 hours a day just cleaning my screen and getting it clean and then each one of the little ones. It is all caused by the fluctuation of the water. They have been told on numerous occasions that the drivers were blocking off the water and they are causing the fluctuation in the water and then the stuff comes down and get-they've even had to clean the station out down there and shut the whole project off. I was just wondering that if you do approve this deal, if you could get them to put that liner in up to the other concrete line where it turns south. That's the only comment 1've got, but I spend all my time just cleaning my filters. Borup: Mr. Woodvine. I had a question. You said at this point it is an open ditch from what point to- Woodvine: Pump station- Borup: And where is the pump station located? Woodvine: Right on Records. That supplies the whole- Borup: Okay, right there on the corner. In fact they even have it on the site (inaudible). And it is open there to the east - Woodvine: East to where it turns south and then it's concrete from there. And then where it turns back again east, then and goes to Cloverdale and through the cemetery. Borup: That ditch is on-in the Crossroads Subdivision. It's on the Family Center side then? Woodvine: Well our fence says it is on the other side. Borup: Okay, well-any other Commissioners have anything? Okay thank you. Anyone else have any comment? Coucval: Robert Courval,' 3653 E. Presidential Drive in Crossroads.. I think what's happening is in order for Union Point to draw water out of the irrigation ditch, that they back that up to create a head and when they release it, it picks up all the silt and carried it into the pump station into our pump station, so every body get dirt into. their sprinklers. It is a big problem, not just for Mr. Woodvine, but for a lot of folks. I live clear on the Meridian Planning and Wing Commission June 17, 1999 Page 12 other side of the subdivision. My neighbors have the same problem. I think that is the current problem and it doesn't and I don't know what it has to do with their application, but since it came up, I think that is the problem. Borup: It is separate, but it's also part~of the whole project. Thank you. Anyone else? Crawford: My name is Molly Crawford and I live at 1256 North Legislative Way. It's right on the corner-I think it's lot. The water for me, again, is a big problem. I can't run my system more than 10 minutes on each zone with out cleaning my filters, my main filters. It is just absolutely crazy. We spend -I don't know-6 or 7 thousand dollars on landscaping, and that is .starting to die because we can't water it unless we go out. and physically clean all the heads-the little sprinkler heads-as well as the main filter. I have called, I don't know how many times, the developer as well as the Nampa Meridian Water District, and we get some results, but never long-lasting. When they come out and clean the system out, it will be fine for a day and they after than it starts to clog everything up again. That's one of my main concerns as well as this new development where it's going to be, for us it going to be completely blocking our view. I am absolutely against it. It sounds all well and good, but I just do not want it there. What we have as far as project 5, that part is fine but the extension I am against. One other -thing that we are having problems with is the road on Records. I think it has either 4 or 5 strips that are cut out and whey fiA them in and about 2 days later there are --- big holes in there that you almost need a four wheel drive to get in and out of there. Or front end alignments to be done on you vehicles. There are huge holes in there and that needs to be better maintained-not you know-in 2 months or 2 weeks. It needs to be done right away. That's all. Borup: Any questions? De Weerd: Where is your lot?. Crawford: Let me step over here. This is Records, correct? tam right here. It is right on the corner here. END OF TAPE -SIDE 1 Crawford: This is our lot right here. There's (inaudible) if they go on with this or if they do put in another single family home, that I'm assuming will continue. This is my lot right here. If they put this in that's going to obstruct our view of Bogus as well, depending on how tall this building is going to be, what's it going to be and t am absolutely against it. Borup: So by moving the building here it would block this but it would open up all these people.:. All your neighbors would have a better view. I understand what your saying. Crawford: They have a fence there too that --- Meridian Planning and~ning Commission June 17, 1999 Page 13 Borup: I understand. I was just pointing out that by moving it, it may block a few but it . opens up more than it is going to block. Crawford: That depends on all the other people down that street. f don't know if any one else from that---but I'm against it. Borup: I understand. Thank you. Bear: Arnold Bear. 3576 Presidential. I too want to talk about the water. I was one of the first homeowners in there, about four and a quarter years ago, and this is.easily the worst season we've had on pressurized irrigation. In talking with a couple of the guys with the irrigation district that are classified as pressurized irrigation specialists, they tell me the problem is the fluctuations in the ditch. What I don't understand is why the developer completely closed in the ditch from Record all the way out to Eagle Road then down Eagle Road to where it crosses under Eagle to head over this way, and did not do the last portion there, from Record east. There is in effect a junction box at the property line at the east end of Crossroad Subdivision and that junction box sets just outside the property line and at that box it empties out into an open ditch and-flows down along the property line to our pump station. If this were either lined or buried in concrete culvert as they did the other half mile, I think our problem would be substantially improved. Borup: Okay. I am going to ask the applicant about that right now before we-Is it your understanding -slid they explain what was causing the fluctuation? Bear: Yeah. They felt that the fluctuation up and down, up and down a couple times a day keeps washing fresh dirt loose on the banks and we are sucking it into the system. I would not want to go away for a week, let alone for 2 or 3 weeks in the middle of the .:.summer and have my sprinkler to come on a couple times a week and after the first dose all the filters are plugged and there you go. Borup: I'm still confused. is the developer using water on developing the site? Bear: Yeah. Borup: Okay. So when they come in and fill their dump trucks it is causing fluctuation. That's what 1 thought someone mentioned earlier. Thank you. De Weerd: Mr. Bear. Have you had these problems in the past or has it just been this year? Bear: No. !n years passed a few times when they were adding new sections in our development, and some contractor dug in the wrong place and ruptured a line and then introduced a bunch of crap into the system and then in a couple of days you had some Meridian Planning ancl~ning Commission • June 17, 1999. Page 14 interesting stuff with you know coming through the line and your plugging up filters, but in years past it was entirely possible you might go as much as a month or more. The second summer I was there I did not clean my filters once during the season. Now your very fortunate if you can go a week. De Weerd: So you have noticed the changes just with-- as construction as been around. Bear: Yeah. This year is like no other. Substantially worse. Borup: I would like to call ask Mr. Durkin to come on up and comment on this. Since the wa#er seems to be a big concern here although it may not be a direct bearing on this application, but I think it is on the overall project. Durkin: First of all,; Tom Bowins is here. Tom is Uce President of Construction for our company and to the best of our knowledge no one has called our office with this -it's the first that we've heard of it, so we're both-the contractor may have heard of it, but no call has come in to Dakota Company that we're aware -it would go to one of us. A couple comments regarding the piping. We are required to pipe-we are required to enclose the ditch on the property that we are now developing the first phase of the site work. We are required to do so and we think it is a good idea to do so. So we are enclosing that. That's is our building permit for the first phase. We have not taken out a building permit for the parcel that we refer to as parcel 5 and so we have not done that yet. We suspect that the problem is occurring when the water trucks monitor to keep the dust under control. When they fill up, it probably does have an impact on it. If the Planning & Zoning Commission were to direct the city water department to allow us to fill the trucks from a fire hydrant, I have the authority and the ability to make sure that happens beginning tomorrow morning. If you don't have that authority, my recourse- the only think I can do is go to the city water department and ask them to do so. If they have to take a week or two weeks to think about it and research it, under ordinance I have to have dust control and I have two places to get the water-out of the Nampa Irrigation ditch or the fire hydrants. I think that is a terrible problem. I have never heard about it before. I just built a new home on the west side of the city and I'd be real upset if this was happening,to me. My immediate fix, if it is caused by us and if it is caused by drawing water, I commit tonight we will draw our water from the hydrant first think in-the morning. It may take a direction from either you or from--- Borup: Do you any idea how many gallons aday - Durkin: I have no idea. A lot. That is the only other place. If we don't draw water there, then we are going to have a dust problem and I don't know-I can only promise you that 1 will look into it. It is the first I've heard of it and I just don't know what other solution. I know it is a immediate solution. Maybe the people at that table would allow us to draw from a hydrant. . • ' t Meridian Planning and Wing Commission June 17, 1999 . Page 15 Borup: Let's get a comment from Mr. Freckleton right now, rather than speculating. Durkin: Maybe we could draw from a hydrant beginning in the morning and take a week to look into the problem and see if we can come up with another fix, but we are willing to do that if we have the approval. Freckleton: Mr. Chairman. Members of the Commission. This is a really bad time of the year to be proposing something like that. We are headed into our peak season. That's a bad area to be drawing out of the city water. I guess what I would maybe proposed is looking at an off site source. I know there is other locations around town where Nampa Meridian will allow you to draw. That may be an alternative. You might have to truck a little bit but --- Borup: Does anyone know how much water is in the ditch in the south side of the project. Durkin: That is where the ditch is-on the southern edge of the property. Freckleton: Are you talking about~the big drain that goes through Keith? (Inaudible audience conversation) Durkin: Mr. Chairman. I make a commitment to (inaudible). I swear I have never heard about this until this very moment. I can make a commitment tonight that l can look into it immediately. It is at the top of my list. Borup: I just thinking from the City's standpoint this has been--from past reports this is an area getting marginal as far as water pressure. Isn't this an area where you designated future well site to service this pressure area. Freckleton: Yes it is. We are in the process of building a new well up at Ustick and at the Summerfield development, Locust Grove and Ustick area. That will be online later this summer, but we also, somewhere in this vicinity down here, we are going to be' looking for a well site. I know Gary Smith has had some discussions, I believewith Tom about maybe a portion of this project. Talking with Gary today we don't know~if that's the optimal you know the best spot for a well, so discussions are going on currently about trying to get more supply in this area. Borup: But that's the concern, is to try to pull water from the system would effect pressure in other areas. Freckleton: Correct. Meridian Planning and Zoning Commission June 17, 1999 Page ~16 Borup: Thank you. Any other comments. Is looking into talking with Nampa Meridian to see about-the don't know what the access would be to the ditch there. I am not even sure what the name of it is, but the drainage there. on the south--- Durkin: I commit to you tonight that not having anything to do with the application, I will look into it immediately in the morning and I will report back to you. We will find a solution to it. Another comment on that water issue. The first gentlemen or one of the people who testified why is the other part open. It's open because we haven't gotten a building permit. When we develop that we will have to close that. It will be enclosed. Gigray: Mr. Chairman. Looking at a map that ditch that we are.talking about that goes further south is a Settler's canal, not a Nampa Meridian canal. Borup: Oh. Settler's Irrigation District rather than Nampa Meridian. Don't call the wrong company. Okay, thank you. I wanted to get Mr. Durkin up. It looks like a lot of the concerns are on the water situation, so I hope we have answered that. The developer said he would look in-I think you realize the problem they've got. They are caught between two situations. They are required to keep the dust down. I am sure you'd want that too. And water needs to come from somewhere and it looks at this point that it is not available from the city. We will do the best we can on that. Is there anyone with a comment specifically on the application? Woodvine: They've got manholes on that line, on that (inaudible) where all that water goes--if they would stick that pump deal right down there-anywhere but where they'd got it. There needs to be no fluctuation of water. Borup: Cause it would- be further down the line and would have a better head of pressure. Woodvine: Well sure. Why sure. Borup: Your saying put it in after the station rather than before the pump station. Woodvine. Anywhere from Records to the west and that would eliminate the problem. Borup: Did you catch that Mr. Durkin. That's probably the easier solution of all. Durkin: I caught part of it. Tom 6owins is an engineer and he knows this stuff more than. I do. Tom can you walk over and point out roughly where that man hole is. We have to get Nampa Meridian's-first of all point where we are getting the water now. Okay. And where is the manhole that you are talking about? That would not have an effect on-it's after the pump station. I can't commit to you tonight because we have to get Nampa Meridian's permission to do so. We will seek that first thing in the morning, but I can't foresee any reason why we can't do that. Meridian Planning and~ning Commission • June 17, 1999 Page 17 Borup: lt7s still taking the same amount of water. l would think they would be~happy. They are the ones getting the calls now, sounds like, so I think they would be very happy to eliminate that. That's even closer than where your doing it so I think that makes a lot of sense. Durkin: In the early part of the testimony I gave my name and address. I would also like to give my phone number. I've never had a call on this and I welcome them. It's area code 208/343-5223. We will look into the water and 1 will respond to you with a memo tomorrow morning. Borup: Thank you. Sounds like we may have the water thing solved. Anyone else have anything other than water? (inaudible): 1238 N. (inaudible) Way. We too are having a horrible problem. We can not even water our yard with Nampa Irrigation.. Borup: I understand that- Sandra: Okay, but 1 just wanted to tell this to him 1 have talked to Dutch many times about our water problems, so they have been notified regarding their water. 1 don't know why this gentleman has not been told, but Dutch who is supposed to be the boss out there has been notified and Nampa Irrigation has notified- Borup: is this the Dutch at Union Pointe? Sandra: Yes. Borup: That's the contractor, different company, but they are. working- Sandra: They all know. Borup: Thank you. Something other than water? Brown: Kelly Brown, 3873 E. Eisenhower in Meridian. I actually have a question about when the lights are going in the street lights. Because Records and Presidential both have been torn up quite a bit and with the gravel there it is hard to -you actually pee! out when your trying to get into traffic. We are causing some backups on Eagle when we are trying to slowdown because of the gravel. I am concerned when the actual lights are going in at Records and what will eventually be Pine Street. Borup: Your talking Records and Fairview. Brown: Records and Fairview and what will be Pine and Eagle. Now l do understand- I talked to Thomas Barbeiro a couple days ago and he said the temporary road in what is the future phase on the map, from Presidential to what will be Pine, will be starting Meridian Planning and~ning Commission -~ June 17, 1999 Page 18 construction next week, from what I understand. He did not know.when the signal light would be in there, so does anyone know? Durkin: For the records we have had calls on Records Avenue, Presidential Avenue and have responded to those. On Records and Fairview, Records Drive as you know it today is going to be completely different. When it is built -right now it's a 2 lane street without sidewalks, curb or gutter. Records Drive will be complete changed to a wider street with curb and gutter and sidewalk on both sides. The stop light at the intersection will be completed 1 want to say September 1St. September 1St is the completion date. The contracts are signed and executed. The design work is in for the stop light. That design work has to go through a process. Records Drive from a conditions standpoint will deteriorate a little bit, because it's going to get torn out and replaced. Right now there are some ruts through it and it will be the typical new road construction site. But by September 1St, Records Drive will be completed all the way to the intersection. The intersection will be completed and the stop light will- be hopefully operational. On Presidential Drive there is no stop light. So every one knows, there is no stop light going in at that location. We requested one go there. ACRD felt that that was too close to the intersection of Fairview and their desire was to have one at Pine. Stop light will go in at Pine once we meet, once we have a certain amount of development and I believe the number is 450 thousand square feet of development in the shopping center. There is some discussion about Pine Avenue and the new school and what's going to happen there. I don't know what the outcome is. This is ACRD and Meridian School District matter and the light, as a result of those discussions, may go in sooner. We don't have a scheduled date for the Pine stop light, but I imagine it's going to be a couple years away. ~~ Borup: Okay. Thank you. (Inaudible) Comprehensive .Plan amendment. Any other testimony? Thank you. Mr. Durkin, would you like to summarize? Durkin: Thank you. I'd like to make a couple comments. One to attorney Gigray's earlier remarks regarding the statute. I have testified here before. 1 am from a family of attorney's and I've been around this business. all my life, although I'm not an attorney. I have read that statute and it is worded in such a way that it challenges me. I know that your experience is far greater in that area. I felt that the intent of that statute and what they were saying wouldn't limit you to one application. I noticed there is someone else later on the agenda tonight. l don't think they should turn around and go home if you vote for an approval of this. I think that the action-my opinion the clocks starts when the council acts and it would be that day. So it could be 5 or 6 or 7 items handled at the council on one night and it would be no sooner than 6 months after that time. That is just my opinion. It is anon legal opinion and I haven't asked for a legal opinion. 1 don't think that the first one--luck of the draw-if your number one on the agenda, number 2 has to wait 6 months. I don't believe that's the case and I did read it a few times and it is tricky. I don't know if you have a response on the time. I think that the time starts when the council acts, not when the P&Z acts. Meridian Planning and~ning Commission June 17, 1999 Page 19 Gigray: Do you want me to respond Mr. Chairman? Borup: Yes I would. Gigray. As I recall- the statute 1 think it refers to the Planning and Zoning Commission and not the council. Durkin: Is the action of the Planning and Zoning Commission complete prior to the council's vote on it? Gigray: A recommendation of the council's is a-of the commission is a recommendation of the commission. It's a body appointed by the city. It's odd the way that it's worded. It really is more controlling on the actions of the commission rather than the council. Durkin: Well, since the action has to be heard at the Council under the ordinance here, if there is a recommendation here tonight, it goes to a public hearing at the City Council? At least that's my understanding of the ordinance. If you were to say, I think this is great, let's go with it, we still have to go to the City Council for another public hearing on the matter, and then they send it back to you for Findings of Fact and Conclusions of .Law after that. Then they vote again on the Findings of Fact and Conclusions of Law, so I think it would be my-again I think it would go further than tonight. ° My hope anyway. I think that I have tried to outline tonight a shorter format than I done on other nights here on other subjects, but I tried to outline some of the benefits of what we are asking. We asking for a Comprehensive Plan change that would really enhance the layout of the shopping center. ft enhances the City of Meridian in many ways. Provides a grocery to this immediate area. We asking for it because we can not accommodate it anywhere else on the site due to the depth of the site. We feel that it is a great improvement from the noise and from an operation standpoint. We feel that the access and control of the traffic will be better served by this application than by the allowed use. We respectfully request that you look favorably on this a recommend it be approved to the City Council. Borup: Okay. Thank you. Any questions from the Commissioner's? Okay Commissioner's, I'm probably inclined to see if we have any discussion here before we close the public hearing. De Weerd: I would like to know if staff had any further comments. Borup: Appears not. Any further comments from any of the Commissioners? Commissioner Smith is getting ready to comment. Smith: Sheri there was-I thought I read something that you had said you had processed one of these applications yet. The application was complete but you did not do anything because of something or rather. (can't find it... Meridian Planning and Zoning Commission June 17, 1999 Page 20 Stiles: Mr. Smith that was on the annexation-request for annexation and zoning on the property that they're requesting a Comprehensive Plan amendment. First of all, the application was not complete by the deadline date and second of all because it wasn't in accordance with the Comprehensive Plan, we did not feel it was appropriate to process it even if it had been complete. And that is why it was Item Number 1 on the agenda. Borup: So the annexation (inaudible) is not on our agenda is what she is saying. Because it would be a mute point without the Comprehensive Plan change. Smith: So I guess my question is given the fact the application was not complete by the deadline, what's your recommendation then? ` Stiles: You were asking about item number 1. 1 believe that item is- Smith: That was just discussion of annexation application. Stiles: Yeah. Your asking about the annexation application. That was not processed. That was the application that was incomplete. Smith: So we don't have any of your comments-I mean you haven't even looked at it basically. Stiles: No. Smith: So, ordinarily something like this we would be your review, comments. Stiles: For an annexation, yes. We are on number 3 now, right? De Weerd: Request for Comprehensive Plan. Borup: I think that was the applicants preference, but they both weren't on the agenda. De Weerd: So what is the procedure. Borup: I think at this point I think that staff was assuming we'd proceed with the, correct me ifi I'm wrong, proceeding with the Comprehensive Plan change and then go to the annexation. The application has mentioned (inaudible) that the other option would be to do them simultaneously. So it looks like you could go either way. De Weerd: Which makes sense, but since we don't have staff comments on it, we could not do it simultaneously. Mr. Chairman. Perhaps Mr. Durkin could respond ~to that. Borup: To which? To which way he would like to proceed? Meridian Planning and~ning Commission June 17, 1999 Page 21 De Weerd: To what his intentions were. Borup: Yeah. He can respond. My understanding from his previous testimony is that his intention was to process them simultaneously. {s that correct? Durkin: That's correct. That was my opening---that was the discussion-item number 1 was just a discussion. I did not understand what a discussion was so- Borup: It was not processed because it would be mute without the Comprehensive Plan change. Durkin: {think what we were requesting was either action on both items tonight, but we think we have a complete application. We have a letter saying that it's complete. But maybe what would be in order would be a deferral to the next hearing to where you can hear both of them. ` Borup: That's what l was just going to ask you what your preference would be. To act on the Comprehensive Plan or wait until the annexation and act on them simultaneously. Durkin: My preference is to have it as an informative hearing for you and for the public as we ca`n. I think it can be most informative when we have staff comments on all three matters since they are related. Borup: Thank you. Smith: Mr. Chairman. I believe staff had something they wanted to add. Stiles: I guess I'd like to.ask Mr. Durkin what letter he has that says the application is complete. And the date of that. Durkin: I have a letter dated 5/19/99 to Will Berg and 13rittney Louie from Shari Stiles. It says our department is holding the application which (in parentheses) which is complete but have decided not to process it until instructed by the commission. It is part of your staff report that you~faxed to me today and Will Berg handed to me tonight. It is unsigned Shari, so maybe someone typed it for you. Stiles: Yes, that memo is not from me. Durkin: In addition, I don't have it with me, but we have a letter from the City saying they have a completed application. I just don't have it with me. I can provide it at the next meeting. I did not know until right now that anything was incomplete. Meridian Planning and~ning Commission • June 17, 1999 Page 22 Stiles: The application would have had to beenw complete by the deadline date and if it were complete on the 19th, that wouldn't have met our date. I also want to mention- Borup: Had the application been reviewed and is complete at this point though, other than the time? Stiles: As far as I know, but it was not complete on the application deadline date. Also, what we've been submitted from Mr. Durkin the page 78 from our ordinance. What he has highlighted only applies to areas or property that is not within the Meridian urban service planning area. This is already within the° urban service planning area so this not-does not apply to the application. Borup: Is there anything specific that talks about the procedure -do we have anything else that says one has to proceed first or is that one of those gray areas. Stiles: Well it is a little vague. It talks about zoning amendments and well, probably on that same page at the top of that page 78, if the annexation shall necessitate an amendment to the Comprehensive Plan, the Commission shall advise the application to request a Comprehensive Plan amendment prior to further consideration of the annexation. If the Commission and Council approve an-annexation request, the Commission and Council shall insure said annexation is in accordance with this ordinance and the Comprehensive Plan. No action could have been taken on the annexation in my opinion, until the it is in accordance with the Comprehensive Pfan. De Weerd: So we can not do that simultaneously is what you are saying. Stiles: I-don't believe you can. Maybe Mr. Gigray has some advice. Borup: Well, any other thoughts? Looks like we can act on the Comprehensive Plan request. We can delay - De Weerd: Mr. Chairman, Mr. Gigray. Do you. have anything further to add. Gigray: I want to clarify something in the record here since I am pitch-hitting tonight I (inaudible) to be prepared for this meeting unlimited to getting some material and walking in here. First of all, the Commission can recommend amendments to the Comprehensive Plan and it is limited to every six months and the statute does limit it to the Commission, but it could do recommend amendments, and if it had a number of amendments which it were going to recommend to the City Council, it could do that I think, but it would have to hold them and make that recommendation come forward all at the same time. So I would state, looking at the statute here, and we are talking about 67 6509, sub section D, that I think you could do. The findings that you have to make in these instances are, one that it is correcting an error in the original Comprehensive Plan, or there are substantial changes in the actual .conditions in the area from the date and time in which the original Comprehensive Plan came into effect, which I think is Meridian Planning and~ning Commission .lone 17, 1999 Page 23 =` probably the (Inaudible) of the application here that you've listened to is the basis for it rather than any claimed error in the original Comprehensive Plan. They may want to correct that, but that's what I am seeing in the presentation. So, it is of course, when your dealing with annexation and zoning designation on annexation with a zoning designation you have to find that~the zoning designation is in conformance with the Comprehensive Plan, and so if you process an annexation and zoning application and you found it was not in the Comprehensive Plan, you would have to deny it. Whether or not you can process them at the same time, the applicant is requesting that it be done- I don't know if there is anything that says that it can't be done. The case law that we've looked at dealing with. this kinds of things-there was one involving the City of Boise where they hadn't annexed a piece of property and they were processing another application at the same time and the court seemed to land on the issue that the annexation final action on the annexation occurred before the other action occurred. Of course, that would happen at the City Council level. The action on a Comprehensive Plan amendment would have to be completed prior to the annexation -and prior to the zoning designation and the governing body of this unit is of course the City Council. That could handle the timing. i know I would recommend the Comprehensive Plan amendment would have to be in effect before the annexation and the zoning. l would recommend it be held and handled in that order. If you have a series of Comprehensive Planning amendments request that fall into this category, you probably would want to recommend them all at one time. I think you could, looking at this and rereading it l think it would be allowable. Borup: And having a prior to can be two minutes prior to. Gigray. Yeah, well it says the Commission may recommend amendments to the Plan, and. that's plural, to the governing board not more frequently than 6 months and I assume that you making a recommendation, that all is going to come out at one meeting. That's when you make your recommendations, so those recommendations are made at that time. Borup: Both annexation and zoning and Comprehensive Plan amendment could be on the same agenda for City Council. I just need to make sure the Comprehensive Plan was acted on first before the annexation. Gigray: Right. And you would have to make-after you've listened to all the evidence and listened to the record, you would have to make a finding that the application for the zoning designation,would be in compliance with the Comprehensive Plan as proposed to be amended, which you recommended. But as the Planning and Zoning Commission administrators stated, you'd have to have a completed application before they can even put it on the agenda for consideration. If you wanted to hold these, there are provisions in the code that allow you to hear more than one permit at a time, but these aren't permits. These are zoning designations requests and annexation and Comprehensive Plans, so I think you could do that if you wanted to hold this. The question that you have to answer is if there is any one here who is responded to the notice and who wish Meridian Planning and Wining Commission June 17; -_1999 Page 24 to give testimony who might not otherwise be able to appear by reason of the fact that you tabled it, I would suggest you call the calendar'and open the public heariig to allow them to provide that testimony so that--since it's already been noticed. De Weerd: So we would continue the' public hearing. `" Gigray: Yes. } .. -a . De Weerd: So we could continue the public hearing for the Comprehensive°Plan amendment and consider both' the requests for annexation and rezone for the two other applications then-all on the same agenda. Okay. Thank you. Borup: If there's no other discussion, we could use a motion. Earlier 1 thought we had three choices. I can't remember what the third was. The one would be to act on the application the other would be to continue it. De Weerd: I kind' of like the thoughf of hearing it simultaneously so we can know what is being proposed: Borup: Vl/ould you like to-make a motion to that effect? Smith: I would also like to have~`staff report. Y ~, . , .... De Weerd: Yes, which would accompany the application. Okay. Borup: Would staff like to comment on what date we could put that on the agenda then? De Weerd: Do you not have a completed application then for --- N Stiles: If Brad wrote that memo, it may have been completed by the 19t". However, it hasn't been processed~so August would be the earliest possible time it could be put on the agenda. Borup: Would that be the normal date for something received after the 19t", you mean? ~ ~ ~ Stiles: Well, we had a deadline for'the July meeting of the first work day in June. Borup: Okay. Your saying. the 19t" of -June for the application? Stiles: We haven't processed anything on it so far. In order to get it in the paper and get our notice out, we would have had to receive it by June 1St. The next possible deadline is -The next possible public hearing date would be August. ~ x. Meridian Planning and~ning Commission June 17, 1999 Page 25 Borup: August 10tH would be our next meeting. Okay. Is that the information you need for a motion. Smith: I hate to say this. I'd be willing to--since our agenda is full in July, I'd be willing to entertain the possibility of having a special meeting in July to hear this. Borup: This meeting started as a one agenda item a month ago. A one item agenda I mean. So, several have been added to this which relieves the load we would have otherwise. I tend to agree with what your saying there. De Weerd: I would do it too.. Smith: With the contingency that nothing else be added on to the agenda! I'd go that far. Borup: Which adds more to the other meetings. How about nothing substantial. Nothing time consuming. Something where no public shows up to testify. Smith: Do we have to make a motion to a date certain or- Gigray: I think you should-make it for a date certain, because you have a public hearing. You've got to make it for a date certain cause you have to give notice. Smith: See, and our July meeting -our regularly schedule- meeting is July 13tH Stiles: I think staff is saying it would have to be after the 23`x. De Weerd: so July 29tH? Does~that work for the applicant too? It's either that or august 10tH Borup: Will needs to check the calendar to see if there is any other conflict. Any other discussion while we're waiting? The 28tH or 29t"are both open dates on the city calendar. De Weerd: So the 29tH is fine? is that what you said. The 29tH sounds fine if it works for everyone else. Okay applicant? Durkin: You said the 29t". What was the other date? They are acceptable. For my clarification your talking about all three agenda items? Borup: Well that's what we just going to talk about and it probably makes a lot of sense. Durkin: I would be requesting that you do -take agenda item 2 and would that be continued or deferred from tonight? Technically, how--- ~~-v~cvru. -wn-~:.nran•rr~ar~, rwvuica~rfivve-[flat'We-cantinue~me-paDt1C'n'CsdTTT1~-TDr~requeSt for comp plan amendment to change the land use for 12.3 acres from single family Meridian Planning and~ning Commission June 17, 1999 Page 26 Borup: We could handle that. De Weerd: And we can add a new agenda item then for the application that it is attached to the Comprehensive Plan amendment . Gigray: Your talking about the annexation item number 1 here. You would be granting their motion to have it heard and then you would be directing that it be heard on the 29tH of July as a public hearing. But it will have to be noticed. Because no notice has gone out on that one yet. Since no notice has gone out on that if you continue these three, I would recommend you notice all three of them again, because it would be a safer play, even though you can continue a hearing once you've opened it. You might as a courtesy for those who have appeared considering this motion whether or not anyone would object to the continuance with regard to the public hearing on item number 3. There might be some one who appeared here pursuant to notice who might otherwise be able to appear on the 29tH, you could open it and take their testimony. Borup: We've done all the testimony on 3. But yes for number 2. I was planning on that. f think the other question sti11 may be -and I'm not sure Mr. Gigray if you need to do some research-any comment on hearing all three of them at the same time. Processing the annexation essentially the meeting with- Gigray: You have the authority to do that. If somebody wants to come and make a argument that they should be separated back out again they certainly could be welcome to make that argument when you have the next public hearing. I think in terms of efficiency it works a lot better because otherwise you go over the same evidence 3 or 4 times. Borup: Okay. Thank you. Would we .like to make a motion on item number 3? De Weerd: Just one last question before I attempt a motion. Mr. Gigray would we need to make a separate motion to hear the annexation application as well? Gigray. I think you could combine the motion, `but I do think you've got one item to deal with and that is what if anyone is here on item --- De Weerd: Okay, so I can combine for item number 3 and also the annexation in one motion. Borup: The annexation would not be a specific application, but just SIDE~3 De Weerd: Mr. Chairman, {would move that we continue the public hearing for request for comp plan amendment to change the land use for 12.3 acres from single family Meridian Planning an>~oning Commission • June 17, 1999 Page 27 residential to commercial to July 29t" and also in addition to have a public hearing to hear the annexation request. Borup: Do 1 hear a second? Smith: I would second that motion with the amendment that outside of agenda items that specifically relate to this project that no other items be placed on that agenda with the possible exception of agenda item number six which is also a Comprehensive Plan amendment public hearing. Commission De Weerd, I second her motion with that amendment De Weerd: Can we restrict special meetings like that? Gigray: Sure. De Weerd:.Okay, sure if that makes you feel good I'll do it. Borup: All in favor? MOTION CARRIED: ALL AYES. 2. PUBLIC HEARING: REQUEST FOR REZONE OF 11.4 ACRES (FROM I-L TO C-C) BY DEVELOPER DIVERSIFIED REALTY CORP !DAKOTA COMPANY- SOUl'H OF FAIRVIEW & EAST OF RECORDS AVE: Borup: As the previous discussion mentioned, it would be our intention to .hear this item at the special meeting on the 29t". That this is a noticed public hearing. So we'd like to give anyone an opportunity to testify if they don't fee! that they could put their testimony on record at the_next meeting. De Weerd: Mr. Chairman, should we note a time for that special meeting? Borup: I think-that would be a good idea. De Weerd: 6:00?~ Borup: Okay let's add that to the next motion. Can we do that? De Weerd: You bet. Borup: I assume you are going to continue this. Do we have anyone from the public who would like to testify on this item? Okay, !should have asked the applicant first, but I was jumping ahead by what he -making an assumption by what he had stated earlier. Is there anything you would like to add Mr. Durkin? Okay. HUB OF TREASURE VALLEY Mayor ROBERT D CORRIE A Good Place to-Live LEGAL DEPARTMENT . Ci il C ~ CITY OF MERIDIAN (2pg) 238-2499 • Fax 288-2501`' ty ounc Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT uLL GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT 8) 384-5533 • Faz 837-1297 - ~ ~~J~j~~ 7 ~j Y ~+~1 ~~ J U ~ 2 9 1999 ~~ MEMORANDUM: July 29, 1999 CITY OF MERIDIAN To: Planning & Zoning Commission, Mayor & Council From: Shari Stiles, P&Z Administrator ~~ Re: Agenda Items of the July 29, 1999 Special Meeting of the Planning & Zoning Commission ' Numerous applications for comprehensive plan amendments have been received by staff in the Last two months. Due to the need to consolidate the applications received, I respectfully request that a cutoff date of August 16, 1999, be established for final receipt of complete comprehensive plan amendment applications and that a special meeting be set up for the last week of September, 1999, to consider all comprehensive plan amendments at the same time. This will give staff additional time to prepare an analysis of the proposals and the goals and policies of the comprehensive plan. The following actions are recommended: Item 1. Continue public hearing to specific date in September Item 2. As this° property is a portion of a previously approved conditional use permit, removal of this land area from the overall planned development is a significant change and would require a modification of the conditional use permit. This 11.4 acres was previously shown to be a theater. Also, it appears that the parcel is an illegal subdivision. No plans have been shown for development of the property. Staff recommends denial of the request. Item 3. Continue public hearing to specific date in September Item 4. Continue public hearing to specific date in September. Parcel shown would be an illegal split of the property. Comprehensive plan must be changed to allow annexation and zoning. Any consideration for annexation and zoning should require development as a planned development under the conditional use process and specific requirements included in a development agreement. ~~ • • ~GLGC ~OGCl2t /~TL f2L000 o~JG3~/^CC~ Sherry R. Huber, President ~ 318 East 37th Street Judy Peavey-Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner e-mail: tellus anachd.ada.id.us July 13, 1999 TO: Developers Diversified F2eality ~}~ Dakota Company Inc. Tom Bauwens 380 E. Parkcenter BLVD, Suite 100 Boise, Idaho 83706 FROM: Steve Arnold, Senior Analyst Planning & Development Division SUBJECT: MCPA99-002/RZ99-007 Comprehensive Plan Amendment Application ~~cEI~~ 1 U ~ 2 6 ~Qqq City of b?eridian City Clerk Office p~z~~-, 3 ¢~f Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on July 7, 1999. The attached staff report list conditions of approval and street improvement which are required. If you have any question, please feel free to call me at 387-6170. SA CC: Chron Project File John Edney Chuck Rinaldi • • ' ADA ~OUNTY HI HWAY DI TRI T G S C Planning and Development"Division Development Application Report MCPA99-02/MRZ99-07 Fairview Avenue/Records Drive The applicant is requesting a comprehensive plan amendment to change the land use of 12.3 acres from single family residential to commercial uses. The existing zoning of the site is I-L and the applicant is requesting a C-C zone. The site is located at the southeast corner of Records Drive and Fairview Avenue. At the present zoning, the site could generate approximately 600 vehicle trips per day. With the proposed zoning the site could generate approximately 2,000 vehicle trips per day. On September 23, 1998, the Commission approved MCUP98-17, a request for conditional use approval for. an 848,000-square foot retail shopping center. That 74.74-acre site is located on the southeast corner of Eagle Road and Fairview Avenue in Meridian. That development is estimated to generate 26,950-additional vehicle trips per day upon full occupancy based on the Institute of Transportation Engineers Trip Generation manual and the submitted traffic study. 619,868-square feet are proposed to be developed in the first phase of the project. The District required a traffic analysis and conceptual review of the entire site including the new proposal plus the current site to the west, MCUP98-17, because of the concern for traffic volumes and operations. Roads impacted by this development: Eagle Road Fairview Avenue Records Drive ACRD Commission Date -July 7, 1999 - 12:00 p.m. ,; ~ _ W __ , _ __... W. ~ r- r Z LESLIE _ _ . Z Q Q -- ~_ ~ MEADOWGRASS ` ~ ~ _GRANGEtZ_.._ . _i ...__ ' E ; ' Q............ ! ~- -. ~ i ____. r -_ _.-_ ~ _._ ... _ ~~ - ~ ~ - ~ -. ~ - aovER~MEADOws - ~ ~ - ,-•- -- , ..~ ;,_, c~- W _ - - z ° , ~ - , ; __ ~ ~ W '_ __ Q ~ ... -. ----. - . - ;. _. T~- o _ SITE _ . - _. -__ .--- - - _.VIALSON _ JEWELL O `~ - ~ U ~ _ , ~ Z O D _ . ~ ~ _ SUNNYDALE ~ .._._._ ., ... ! .. ~ - I_ _. _ ~..... ~ .- ~ . __ .s..._. '- -- -- .PINE _ - O +. ~ .._--- .__DRIFfWOOD-_. . ::' r- ' , o _....... _...._PRESIDENT --- -- _.. - ; .......COMMERCIAL-___- _.....-....._ ~ ~ _ EXECUTIVE ;; __.. ___ _____ __ _ ~ LANARK -- _.-. v ~ _...._ _ _._... ___ _.._FRANKLIN _ _ r--- -- - --- - - SPRINGWOOD .... . . _ _._. .- _. ~..__... AUTUMN ....... .,,;- _. ._.. - ...... . .. _ - _, MAY-06-99 10119 FROMIDEVELOPERS pIVER6IFIED ID12162471119 __-__~~ I __ __ _ -__.-.. .~ .. PACE grg i • ~. ~~,,ii Z» 111t V~ ~ J L~ Si_ .ar. ~ ~~C> ww a ~~ . L ~ ri_-~ ^4 n~1 ~ Kf1~1 ~H1t ~ ~ .~ :.~ . L` 1 (~ ~ 6 ~ \ _`~ ~ i ~ ~ /- ~.~ :~~~.i~ .ua, .F..t.... J ~. DAL ~ ~ ~ ~ ~ ~. .~ ~ ... j : i~ f ~: ,.: . ,;- 1~ 1 : :` ~! . ~~ f- , . ~~ ~,~, ~ ~ ~ ~Ij, ~ i ~ -i: f~. -: ~ ~ ~1 1.~ ~ .., ~. ~ . . 4~~ -( , ~ , -i. . ~: • •~.i f E:c ~• •- ~ 1I ' ~1. ~,`~ ~ ~.: ~ ~:. ~i~° -•. ~ .1 ~:~ _ . 1 ~ 1 i ~ =ti - ;I y ; 1 ;~ U (~xy~ 0. i • Facts and Findings: A. General Information Owner - Developers Diversified Realty Corporation Applicant - Developers Diversified Realty Corporation care of the Dakota Company Inc. I-L - Existing zoning C-C - Requested zoning 12.3 - Acres 0 - Square feet of existing building -- - -- 145 - Traffic Analysis Zone (TAZ) -• West Ada -Impact Fee Benefit Zone . Western Cities -Impact Fee Assessment District Eagle Road (S 1 e Highway Principal arterial Traffic count 27,564 on 10/97, peak hour count on 9/8/98 = 2801 vph s/o Fairview Avenue 0-feet of,frontage Comply with ITD requirements Eagle Road is improved with a 78 feet of pavement with five travel lanes and no-curb, gutter or sidewalk. Eagle Road is State Highway 55 and is under the jurisdiction of the Idaho Transportation Department (ITD) Fairview Avenue Principal arterial Traffic count 21,900 on 10/97, peak hour count on 9/8/98 = 2026 vph e/o Eagle Road 708-feet of frontage -feet existing right-of--way (-feet from section line) 120-feet required right-of--way (60-feet from section-line) Fairview Avenue is improved with a 68 feet of pavement with five travel lanes and no curb, gutter or sidewalk. Records Drive Local commercial street with no bike lane designation Traffic count not available 822-feet of frontage No existing right-of--way 60 to 76-feet required right-of--way (30 to 38-feet from the firture centerline) Records Drive has not yet been constructed between Fairview Avenue and the Crossroads Subdivision. A paved, but temporary access has been constructed as a secondary access to the residential development. This access is temporary until the current application or the applicant to the west, wh constructs the final segment. MCPA9902.CMM Page 2 • • 8. Both Eagle Road and Fairview Avemie are five lane facilities abutting the project site with free right-turn lanes on all legs of the intersection. 9. The Eagle Road Access Study recommended a future grade separated interchange for the Eagle/Fairview intersection. 10. The current APA model assumes an average annual increase of traffic on Eagle Road of 4%. The observed traffic increases have averaged 20% per year over the last four years. 11. The Eagle/Fairview intersection currently operates at LOS D. 12. The Eagle/Fairview intersection will operate at LOS F with the existing geometry and the "existing plus project" traffic volumes. The intersection can be made to operate at an acceptable LOS E condition with the provisions of dual left turn lanes and free right turn lanes on all approaches. This change will require moving at least two signal poles and adding pavement as'well as restriping. The signals currently provide pedestrian actuated movement across Fairview Avenue and Eagle Road, and this provision for pedestrians mast be maintained after any modifications to the intersection. 13. The Fairview/Records intersection will operate at LOS D with the existing plus project traffic volumes. The intersection will require signalization and dual left turn lanes on all approaches in order to maintain a good LOS. Staff recommends that rivo northbound left-turn lanes be constricted on-site by the developer, with a signal installed appropriately to accommodate firture dual left-turn lanes on Fairview Avenue to be constructed by-the District when needed. 14. The remaining, unsignalized, frill access site driveways will operate similar to right- in/right-out facilities. The through traffic volumes on both streets are so high that there will be few opportunities for left-turns at any of the non-signalized intersections. These driveways will operate at an acceptable LOS E or better for outbound left turns and inbound left turns 4n1y if the signalized intersections are constricted as shown above. The demand for left turns at the unsignalized intersections far exceeds the available capacity. These intersections only function acceptably because the excess traffic can be diverted to a signalized intersection at Records Drive. This condition is caused by a combination of high traffic volumes on the arterial streets and at the site driveways. F. The preceding analyses identified the following public street improvements needed to accommodate the additional traffic created by this project and the normal growth of background traffic: 1. Construct a traffic signal at the Fairview Avenue/Records Drive intersection. Locate the signals to accommodate firture dual left-turn lanes on Fairview Avenue. 2. Construct dual northbound left turn lanes on Records Drive at the Fairview Avenue intersection. 3. Construct Pine Avenue from Eagle Road east to the eastern property line of this project. Two lanes are needed from the western driveway to the eastern property line. Four lanes are needed from the western driveway to the western property line. 4. Construct curb, gutter and an eastbound lane to Fairview from Records Drive to the east property line. G. Fairview Avenue is a classified roadway and, a5 such, would be elivible for the use of impact fee revenue to increase their capacity, if such improvement is included in the Capital Improvements Plan (CIP) and the Five Year Work Program (FYWP). None of the improvements recommended by the traffic impact study are included in the FYWP. Some of MCPA9902.CMi'~1 Page 4 ~~,, Cpl ~, `expected,to, pay'a Road Impact~Fee' of approximatfely $1".S million: ~ TNe~Distric~f ac`cepted~ahe . :individual assessment, thereby.'rediicing,Distriet~Impact".Fee Reventie~by'alniost~$500,000''~°' r 4 ( lEe Hi +saE tam;,.. `ca tt-,.il% ,. ~~"... ' tP •. •., k _ t, !- )F!'" ,1'_4 1 ~L~ fie.°., a. 'iv1a~ I. t;;fl; ;The`current application~will,likely:in'ciude'a'200,000"square ~foot`retail~btiildiii~ =Un$`e`'r tle ~~° M ;~rl'current irripact'fee structu'r"e;.the`°applicant`would'be"expecfed°to'pay`a~R`oad Impact~Fee of t ~,1°approximately,_$460OOOraUsing:;the cost'fi-gibes from the`pi•evioiis';'assessment; the~iiiipact fees ~i~l-~uouldbe expec`tedFto total'$350;0001assessmenC,',thereby.:rediicing'D`istricf~Iinpacf-Fee Re"venue .. . ;~ ~'# ~by'almost'$1r10 000:. ~t~ f li~~~ t. ~'}irr't~ ~.:~,~ -ls3r. o~• .i;~~`'a ,,,.i~ ~~':°.,~-,~,~I~ ~.~,~ ,~- ~,+~, ~ 3_.t, x~ ~ ~ a . ,.~~ '` ~' .b~G:~e"~ '~'1~.:;:~t~'-bz~~,s,.):'"~~~.'~i":#3;~.'~.C `".-~~::a'•e1,~;~~f~~+;'~`.v~•r=~^~ t'~"„`J4:f}~,:5~~~~rv~,:T~~ ~~'~•~~ro~~ l `. J. #ACHD's~~Park & Ride''Division'Staff has indicated the~need for a-Park &'Rideaocation°at the -...applicant; s'site::~The~Dstrict•, reque`sts'that''applicant'grant`tlie'Distric't°`ari easemerif3for a'10 to •' 12-space Park & Ride area at this site.l~Commiiteride staffwill~`contact'tli`e`'appl'ican"t'to~ i ~c'oordinate~the'location of.th'etPar`k &:Ride area~._-~ _ . ~' , ~~:.~'~ =tt~~ .~ ` ,~~_~ .z:t~~_ ~.' tti.~.;~ i`f~; ' ", ~~r _ [f ~~~ ='~7~,irr,s'~k.<.~ .,i;~~...~. `"" ""li ~ ~~ `" lC~.'.j;'~tfl ~~; `e". .: ~° ~'I~?,;'Ttu •g ~`~rC~ crta'~ 'r:?t~9":(~, ~~~" w ~„} ..+ ~_x+ ... F is r, C !- K. ~3,, ~~~In order'tofred%ice+arips.to;and~frorri°.tlis developnlent`it is recommended~tliat'rTenants occupying f~;,~~the.proposed b'uildin~:be'required'to!provi8e'anr~Alte'rna`tive Transportation Program for~~~t tJ ~;, ~ .r.., . , ti,> .,.,~s. ~r€! ± employeesiand provide,an~annuah"report to ACRD on~employee`:participation.:,Gommutende ~c;"staffwill'coordinate'.theaAlterriative~Transpoi~ation~Progra rtwitli the applicant?'For more information contact Pat Nelson at 387-6160 for further informarion~`~d t~or"'`~'~~~'t~`~~' ' 4' .~,~ w + Fay. `~~' s `} _ ~' x y,~"~ i`r ~. ~F[#~a ~'. E4,.'f `' ' ~~~ f-~r.1~ :Q'!., L. Ineor'derto;redtice;trips"to~-andfrom tliis°developrrient,~it'~is~recommended `that th'e tenants ~ " r~rslroccupyingthe~proposed~building(s) be`regiiir`e'd~fo'participaterin:any`"~Transportati~ori~'~ ~=_ ~..v... > ._.~., r ~r ~Managerrient~As"sociation.(TMA):or,rTransportation.Manageri~ent~Orgamzation~(T1VI0)~that'is ~~ formed'with a°boundaiy'that.includes'thissite~or is`adjacent'°fo''tHis~de"velopmeri't`~t°~"~'~~•~~ ~; i; i.4. ~ a..:y"} '.~~ i a_• - :.:i 1'"~, S. 4 ii T..~ ._: t ~ "'. ir.~t~}i ti.~t .l .i~ '~` i,'.._:. .. i ~~yy ~' ~s° i hr ~r,~ic re n a'P 'q^KS~stl FS YIA`i CP ~~S(,`"{'}~t~,'['}~. ~63 ~. -A Transportation Managerrierit~As`sociation (T1VIA) or~Transportation~Management~~ Organization (TMO) is formed with a coordinator that works as a liaison between businesses ~y~~ o':^°s1°E`,.~~'.'{-;'"}Cr,r~wA:~ -!y.~'C~s:.ni rs ,^~-5~iT and.private'and"public transportation'providers to increase'tlie.tise of alternative`transportation and'other~trip°reductionineasures (shuttle buses; bus pass progr`ams,.vanpools, car pools', ~~~`~ ,bicycle and walkng`erihancemen`ts)" ;: 1+,~:r~ -'',.~~} '` ~` .,~~~;~` t`~~'~~~1si~b1~~~^ ~~t ~.r~ .... ~~tt"'~~! 1. jCk ~:[2:.,'. ~t~i~'.£?t'~~~"~:~i#r~+~~F•aP+."k~'E, ~ ^r'~~~y~.s4E~ +4}5.~~.!'~t~t"~}`r r~`w#L~~ .,.~?L?~t~~~;:c~°{"~t ~~~,~~'~~~~'~i~'~9`.~~~t:l '~~ "-- ~.' ,aa,..-~. 1~ - is ~, ti~.° rYrsi#rPmr°.„q qh €e;~;-r ra ..~.,,~.~°1~f•~? ~~,~a~~ ~; ?An annual s%irvey~will be~required'ofthe.TMA/T1VI0 to,monrtor.participation malternative .f transpoi-tation`pro~rams aril"forwarde`drto~thelAGHD`C mmuterde Office.tg' '~-~~~'~~~'"`~~ ° a i ~ -,, ~~, EE °-~',~ ~ i'~'~ r' ~`,~- .pkti; dT"i~` y~i '" ~° ilk r~.•~c,~~ `~3r; R 3,~~,ri ~,~.E~„~.~w r. .^,. ~. s a .y }4 n'~ t~~+.:....r-fr .-^!i r b r°~Y. c 1rtrnf'• ~> ^~~ ~ I' ~ r, fl~.i? M. ~In accordance~with Distr-ictrpolicy't}ie applicant may constn~ct a'maximum of three'dnveways on Fairview Avenue a minimum of 440 feet~"for'a fiill'access`dnveway and~22t0=fe'et foraright- ~~-''~ ~ m/r`ight=out'driveway from any public street intersection and 220-feet from all existing ord 7 } r*.r.-.. 1t 4...,rr r!+ nom}.,. ~~-•:r~ t r.!'r.e9,.i3t. r,1R"ac~",Jk3 ~'~~~ p`roposed driveways.P The~iilaxiinum~driveway=wtdth should'~be'40`feet with°a mmiinum storage ' ~'~"'~~illen"gtfi}of 100 feetl~~~Tlie applicant should also`6`e`r"egiiired#to'nstall'"ay~36" U'y 36" high~~intensity } ..t,t,_. •. ,- "'b.'a•..,.--. Y,,:._. ..`..i 31.3'°. ,'as..dt,• ir.^y`•+K~L f.~'~C f •t~1~CE,,:4.•.~,.. ....'i P'1'}"a}.. n.-. a-e~tl..'~'3 oSTOP~si n at the dnvewa s'~intersectiorr-with Fairview-Avenue Pavement tapes should:be a -i & Y... ~~ ~.-,.: r ` t'y xa... ~... - to°si . ---tn ~r.~.ar''...,.:~} 'a,.,. T t'it:r d. '•l,..R~~iti,1,'w~.. vy';~ y ~.tc; ~constr~ucted.witht l'S foot~radii'at any p~oposed djveway.~ Coo ~dmate~lievde~t ~, st~~rag'e!]engtli and'locatlon~ofaany~proposed driveways with District staff ~ ( ~ A '~ ~ ~ . j t. j.z, ~ .. 1. 5 P ~ ° ~'1 ~ ~ -~ ~€ ., ~~ i 1 ~ tT.~ m' T~ ~X~`G~' ~*~~~~ ~~~ ~l3yi ~"rl ~s f 3 r i,a .° a k .~ -. N. -ln.accordance with'.D}strict A naY~murri~ of three driveways should be approved on Records ~t"t~Dri-ve:~,The driveways'should 6e locate'd a minim"um of 175=feet`soutli ofFai"r"view~~Avenue and '` ~r~ali~ciedro`r'offsetCl~~0='feet froiiStall~exisflri~~or proposed'dr`iveways"t Thei°°dri'veways~shoul`d be coristriicted'as'24"to 30~'foot' curb r thi=n dnvew'ay withF~lS=tfoot c` ` ~~" as ' ~ "~'' ~1s*t?l~,~:. n "~j~ "` .tirrr~' ° ~ '~ urb radti. The minimum:-" - ., ~.r;~°'D ~.+``'P:° ~{..j$~ "MCPA9902~CN(M ^,~ ~`t Pa+~e 6 • • B. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for '~ details. C. Eagle Road traffic volumes have increased an average of 16% over the last seven years. Traffic has increased an average of 20%° over the last four years. The APA model assumes a 4% annual growth rate until the Year 2015. While it is unlikely that the 20% growth rate will be maintained, the APA forecast is likely low, based on observed development rates and counts. D. District staff requested an extensive traffic impact study summary for MCU98-17 and this project because: I. the proposed development exceeded the District's trip generation threshold for commercial developments, 2. concern about the impact of the development on traffic accessibility to Eagle Road and Fairview Avenue, and 3. concern about the operation of the Eagle/Fairview intersection. E. A Traffic Sttidy has been submitted for the proposed comprehensive plan amendment and rezone. The traffic study included the development at the southeast corner of Fairview and Eagle. The key findings of the study are as follows: 1. The proposed project is estimated to generate 2,040`additional total daily vehicle trips. The actual additional traffic volume added to the street system is approximately 1,500 daily vehicle trips because of pass by trips already on the adjacent roadways. 2. The proposed project is estimated to generate 22~ total peak hour vehicle trips, adding approximately 225 peak hour vehicle trips to the external trip network"because of pass by trips already on the adjacent roadways. 3. The anticipated peak hour vehicle trips are the result of a trip rate of 4.225 peak hour vehicle trips per 1,000 square feet of floor area. This number is in compliance with the data provided by the Institute of Transportation Engineers (ITE). District staff completed peak hour traffic counts at two smaller local shopping centers. The observed numbers matched the ITE data for a similar sized shopping center. Staff therefore accepts the submitted figures for peak hour trip generation. 4. The submitted site plan shows several driveways on Fairview Avenue and Records Drive. 5. Records Drive is currently a private street from Fairview Avenue to the Crossroads Subdivision but will be dedicated as a public street and designated as a local commercial road with this application. The analysis assumed that the Records/Fairview intersection will be signal controlled. 6. In addition to Records Drive, there are three other proposed driveways on Fairview Avenue. The western-most driveway (Driveway A on the attached map) is proposed for right-on/right-out operation. The other t~vo driveways meet District policy for full access operation. Current District policy allows a maximum of three access points for one frontage. 7. Both Eagle Road and Fairview Avenue are principal arterials. As such, Level of Service (LOS) E is an acceptable condition for the i~Itersections on both roadways. MCPA9902.CMM Pa~7e • 8. :Both Eagle Road and Fairview Avenue are five lane facilities abutting the project site with free right-turn lanes on all legs of the intersection. 9. The Eagle Road Access Study recommended a future Grade separated interchange for the Eagle/Fairview intersection. 10. The current APA model assumes an average annual increase ~of traffic on Eagle Road of 4%. The observed traffic increases have averaged 20% per year over the last four years. 11. The Eagle/Fairview intersection currently operates at LOS D. 12. The Eagle/Fairview intersection will operate at LOS F with the existing geometry and the "existing plus project" traffic volumes. The intersection can be made to operate at an acceptable LOS E condition with the provisions of dual left turn lanes and free right turn lanes on all approaches. This change will require moving at least two signal poles and adding pavement as"well as restriping. The signals currently provide pedestrian actuated movement across Fairview Avenue and Eagle Road, and this provision for pedestrians mustbe maintained after any modifications to the intersection. 13. The Fairview/Records intersection will operate at LOS D with the existing plus project traffic volumes. The intersection will require signalization and' dual left turn lanes on all approaches in order to maintain a good LOS. Staff recommends that two northbound left-turn lanes be constricted on-site by the developer, with a signal installed appropriately to accommodate future dual left-turn lanes on Fairview Avenue to be constructed by the District when needed. 14. The remaining, unsignalized, frill access site driveways~will operate similar to right- in/right-out facilities. The through traffic volumes on both streets are so high that there will be few opportunities for left-turns at any of the non-signalized intersections. These driveways will operate at an acceptable LOS E or better for otitbound,left turns and inbound left turns 4n1y if the signalized intersections are constricted as shown above. The demand for left turns at the unsignalized intersections far exceeds the available capacity. These intersections only function acceptably because the excess traffic can be diverted to a signalized intersection at Records Drive. This condition is caused by a combination of high traffic volumes on the arterial streets and at the site driveways. F. The preceding analyses identified the following public- street improvements needed to accommodate the additional traffic created by this project and the normal growth of background traffic: ,.. 1. Construct a traffic signal at the Fairview Avenue/Records Drive intersection. Locate the signals to accommodate future dual left-turn lanes on Fairview Avenue. 2. Construct dual northbound left turn lanes on Records Drive at the Fairview Avenue intersection. r 3. Construct Pine Avenue from Eagle Road east to the eastern property line of this project. Two lanes are needed from the western driveway to the eastern property line. Four lanes are needed from the western driveway to the western property line. 4. Construct curb, gutter and an eastbound lane to Fairview from Records Drive to the east property line. , G. Fairview Avenue is a classified roadway and, as such, would be eli`ible for the use of impact fee revenue to increase their capacity, if such improvement is included in the Capital ,Improvements Plan (CIP) and the Five Year Work Program (FYWP). None of the improvements recommended by the traffic impact study are included in the FYWP. Some of MCPA9902.CMNt Page 4 • • expected to pay a Road Impact Fee of approximately $1.5 million. The District accepted the individual assessment, thereby reducing District Impact Fee Revenue by almost $500,000. I. The.current application will likely include a 200,000-square foot retail building. Under the .,.current impact fee structure, the applicant would be expected to pay a Road Impact Fee of approximately $460,000. Using the cost figures from the previous assessment, the impact fees would be expected to total $350,000 assessment, thereby reducing District Impact Fee Revenue by almost $110,000. ACHD's Park & Ride Division Staff has indicated the need for a Park & Ride location at the applicant's site. The District requests that applicant grant the District an easement fora 10 to 12-space Park & Ride area at this site. Commuteride staff will contact the applicant to coordinate the location of the Park & Ride area. K. In order to reduce trips to and from this development it is recommended that Tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Pat Nelson at 387-61.64 for further information. L. In order to reduce trips to and from this development, it is recommended that the tenants occupying the proposed building(s) be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. A Transportation Management Association (TMA) or Transportation Management Organization (TMO) is formed with a coordinator that works as a liaison between businesses and private and public transportation providers to increase the use of alternative transportation and other trip reduction measures (shuttle buses, bus pass programs, vanpools, car pools, bicycle and walking enhancements). An annual survey will be required of the TMA/TMO to monitor participation in alternative transportation programs and forwarded to the ACRD Commuteride Office. M. In accordance with District policy the applicant may constnict a maximum of three driveways on Fairview Avenue a minimum of 440-feet for a full access driveway and 220-feet for aright- in/right-out driveway from any public street intersection and 220-feet from all existing or proposed driveways. The maximum driveway width should be 40-feet with a minimum storage length of 100-feet. The applicant should also be required to install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Pavement tapes should be constructed with 15-foot radii at any proposed driveway. Coordinate the design, storage length and location of any proposed driveways with District staff. N. In accordance with District A maximum of three driveways should be approved on Records Drive. The driveways should be located a minimum of 175-feet ''south of Fairview Avenue and aligned or offset l ~0-feet from all existing or proposed driveways. The driveways should be constnicted as 24 to 30-foot curb returmdriveway with 15-foot curb radii. The minimum NICPA9902.CVtM Page 6 u • storage length should be 50-feet. Install a 36",by~36" high intensity STOP sign at the driveway's intersection with Records Drive.. O. District°policy states that direct access to arterials and collectors is normally restricted and that the developer shall try to use'combined access points. In accordance with'District policy the applicant should be required to provide a recorded cross access easement for the parcel to the east to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). The District intends to require a similar agreement of the owners of the parcel to the east if they are the subject of a future development application. P. As required by District policy, restrictions on the width, mmlber and locations of driveways, may be placed on future development of this parcel. Q. The District completed an access control plan for the entire Eagle Road corridor in 1997. An important recommendation of that study was the proposal for a grade separated interchange at the Eagle/Fairview intersection. Although construction of the interchange is anticipated beyond the 20-year planning period, the Long Range Transportation Plan establishes the policy that the District should preserve the right-of--way now to ensure that the needed land will be available when construction begins. R. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development only with the additional requirements outlined within this report. The existing transportation system is not adequate for the anticipated traffic volumes without improvement. The following requirements are provided as conditions for approval: Site Specific Requirements: Dedicate sufficient additional right-of--way to total 60-feet from section line of Fairview Avenue abutting the entire site. The right-of--way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. The owner will be compensated for all right-of--way dedicated as an addition to existing right-of--way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. Dedicate 76-feet of right-of-~vay (38-feet from the centerline) for Records Drive from Fairview Avenue to a point 300-feet south of Fairview Avenue and 60-feet of right-of-v~ay (30-feet from centerline) for Records Drive from that point to the south boundary of the pai-cel.by means of recordation of a final subdivision plat or execution of a warranty deed prior„to issuance of a any Certificate of Occupancy. The owner will not be compensated for this right-of--way because Records Drive is a local street. 3. Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting the site (approximately 822-feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building pem~it. MCPA9902.CMul Page 7 • report to the Commission regarding the requested modification, variance or waiver. Those items will be-acted on by the Commission unless removed. from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration ofthe Commission's action shall be made in writing to the Planning and Development Supervisor within rivo weeks of the action and shall include a minimum fee of $110.00. The request for reconsideration sha 1 specifically identify each requirement to be recon idered and include written documentation of data that was not available to the ommissi~n at the tine c,f;ts original ~ieci.Si~n The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building eonstniction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 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 Hiles, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. MCPA9902.CMM Page 9 • 4. Prior to opening of the development, construct pavement widening on Fairview Avenue to add one eastbound lane from Records Drive to the east property line. The cost of this improvement will be'offset from the road impact fee to be collected for the development. Constrict a maximum of three driveways on Fairview Avenue a minimum of 440-feet for a frill access driveway and 220-feet for aright-in/right-out driveway .from any public street intersection and 220-feet from all existing or proposed driveways. The maximum driveway width will be 40-feet with a minimum storage length of 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15-foot radii. Coordinate the design, storage length and location of any proposed driveways with District staff. 6. Constrict Records Drive as a 65-foot street section (with curb, gutter and 5-foot wide concrete sidewalk) from Fairview Avenue to a point 300-feet south of Fairview Avenue. Records Drive shall be located approximately 2,100-feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point 300-feet south of Fairview. Dedicate sufficient right-of--way for the noted improvements. Construct a traffic signal ai the Fairview Avenue/Records Drive intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACRD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACRD specifications. The signal should be designed to allow the future construction of dual left-turn lanes on Fairview Avenue. The applicant-will be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. 8. A maximum of three driveways are approved on Records Drive. The driveways shall be located a minimum of 175-feet south of Fairview Avenue and aligned or offset 150-feet from all existing or proposed driveways. The driveways shall be constructed as 24 to 30-foot curb return driveway with 15-foot curb radii. The minimum storage length shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential. Drive. 9. Other than the'access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACRD Planning and Development Supervisor. The request hs all specifically identify each recuirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or iniquity. The written re nest shall be submitted to the District no later than 9.00 a m on the day scheduled for ACRD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and MCPA9902.CNIM Pave 8 Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Planning and Development Staff ~tcpa~9o?.cM Page 10 a t' • ~clcc ~ount~~,J~tichivac~ oLJi~t~ict Sherry R. Huber, President 318 East 37th Street Judy Peavey-Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (20$) 387-6100 Dave Givens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner e-mail: tellus(c~achd.ada.id.us Jufy 13, 1999 TO: Developers Diversified Reality ~~ Dakota Company Inc. Tom Bauwens 380 E. Parkcenter BLVD, Suite. 100 Boise, Idaho 83706 e FROM: Steve Arnold, Senior Analyst ,Planning & Development Division SUBJECT: MCPA99-002/RZ99-007 Comprehensive Plan Amendment Application ~~~~~ ~~i ~. 2.6 ~vaa 3 d~1tJ Oi ~~°r?C'I~ y City Ci2r~ "dice #, Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on Jufy 7, 1999. The attached staff report list conditions of approval and. street improvement which are required. k If you have any question, please feel free to ca11 me at 387-6170. SA cc: Chron Project File John Edney Chuck Rinaldi ADA~OIJNTY HIGHWAY DI~RICT Planning. and Development Division Development Application Report MCPA99-02/iVIRZ99-07 Fairview Avenue/Records Drive The applicant is requesting a comprehensive plan amendment to chan`e the land rise of 12.3 acres from'single family residential to commercial uses. The existing zoning of the site is I-L and the applicant is requesting a C-C zone. The site is located at the southeast corner of Records Drive and Fairview Avenue. At the present zoning, the site could generate approximately 600 vehicle trips per day. With the proposed zoning the site could generate approximately 2,000 vehicle trips per day. y On September 23, 1998, the Commission approved MCUP98-17, a request for conditional use approval for an 848,000-square foot retail shopping center. That 74.74-acre site is located on the southeast corner of Eagle Road and Fairview Avenue in Meridian. That development is estimated to Qenerate 26,950-additional vehicle trips per day upon full occupancy based on the Institute of Transportation Engineers Trip Generation manual and the submitted traffic study. 619,868-square feet are proposed to be developed in the first phase of the project. The District required a traffic analysis and conceptual review of the entire site including the new proposal plus-the current site to the west, MCUP98-I7, because of the concern for traffic volumes and operations. - Roads impacted by this development: Eagle Road Fairview Avenue Records Drive ACHD Commission Date -July 7, 1999 - 12:00 p.m. - ~. _.- ~ w~ ~ - , -- i ~ ~ - ----, ~ }` _ ~ _ . __ r ,_, , -~, Z _ ~ .....LESLIE p ~ o ` _IvEAD OWGR.4SS - - _GRANGER__ . ~ _ - . _ __ . --- J _ __.- I . - j j S .. ~ -_ - -. - -- ... - i_.~.. 0 ~ W. CLO VER..MEADOWS -. i- ~ ---- - ~--~ ,, ..., C~7 ~ .. - '~-... ~,- ' z-. - -- -, W .-..._-_~..._ W, -_ ... i - - - ~ , -- SITE _~ _ - -. _ , _ _ _. .-___ y FAIRVIEW _WlLSON ., ~ JEWELL -__ _ _ ~ - ; _ .= p ~' . _ SUNNYDALE __ g ,_ . - p _ _ _ PINE -. " '_ _.__.. . _. _. .DRIFfWOOD _ _ . r ~ _. PRESIDENT __..._. ¢- a -- - ~_ C.OMMERGAL_._.. . _ _ - _ ... _ _ w EXECUTIVE ... _. .. __. ~ ~ ... o _... q-..-....... J .. _.. - ~ _ LANARK . v _ ~ --._,.. _.. _ _-.. - _ .._._FRANKLIN ._... "` SP.RINGWOOD _ _ _. _. ___ AUTUMN _._ - ~ _. - MAY-06-99 10.19 FROM. DEVELOPERS DIVERSIF.fED ID21624711'16 < < ''~I+ ~~~ I s t • ~ 1 <I t ~ ~ ~ ~_ ~ . . r '>'; ~ V ~; o I_ ' d Y a' .. L' i rc ~~ ( L ~ t~ I I ~ r ~~ Y~ ~ ` al /'`•. w .. - ~~ ~,. 4 ~ ~~ ,~ ~a ~~ ~~ ~ ~~ ~ ~: ~ ~ l I s .__ ~ 9` I (: ,-, ~. 1; ~' ~ , J ~ ~ f t~ `A ..: ~ _ ~v~, r~ ` L- .L' Rl I 1 ~ r I lt~t /~r~tt tl~rt~t~t tt~t~t~l: ~ ., ~, .~ f: (`,_~ `~. ~ __ ~ fps ~ , ~ ~ ~ _ ~~~.::~~ ~~ ~~, ~i~ ,.I; t ~;r I:kt I111~ 1 1 I~ 111+It r 1~,_ ~ ;~ . I ~,I '1 PACE 6i9 d 4 ~~ • Facts a`nd Findings: A. General~Information Owner - Developers Diversified Realty Corporation Applicant - Developers Diversified Realty Corporation care of the Dakota Company Inc. I-L - Existing zoning C-C - Requested zoning 12.3 - Acres 0 - Square feet of existing building 14~ - Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Eagle Road (St~ ate Highway~51 Principal arterial Traffic count 27,564 on 10/97, peak hour count on 9/8/98 = 2801 vph s/o Fairview Avenue 0-feet of frontage Comply with ITD requirements Eagle Road is improved with a 78 feet of pavement with five travel lanes and no curb, gutter or sidewalk. Eagle Road is State Highway 5~ and is under the jurisdiction of the Idaho Transportation Department (ITD) Fairview Avenue ` Principal arterial Traffic count 21,900 on 10/97, peak hour count on 9/8/98 = 2026 vph elo Eagle Road 708-feet of frontage -feet existing right-of--way (-feet from section line) 120-feet required right-of-~vay (60-feet from section line) Fairview Avenue is improved with a 68 feet of pavement with five travel lanes and no curb, gutter or sidewalk. Records Drive Local commercial street with no bike lane designation " Traffic count not available 822-feet of frontage No existing right-of--way 60 to 76-feet required right-of--way (30 to 38-feet from the future centerline) Records Drive has not yet been constructed between Fairview Avenue and the Crossroads Subdivision. A paved. but temporary access has been constructed as a secondary access to the residential development. This access is temporary until the current application or the applicant to the west, wh constructs the final segment. YICPA9902.C~I~i Pa_e 2 • • B. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6250 (with file niunbers) for details. C. Eagle Road traffic volumes have increased an average of 16% over the last seven years. Traffic has increased an average of 20% over the last four years. The APA model assumes a 4% annual ;rowth rate until the Year 2015. While it is unlikely that the 20% growth rate will be maintained, the APA forecast is likely low, based on observed development rates and counts. D. District staff requested an extensive traffic impact study summary for MCU98-17 and this project because: 1. the proposed development exceeded the District's trip generation threshold for commercial developments, 2. concern about the impact of the development on traffic accessibility to Eagle Road and Fairview Avenue, and 3. concern about the operation of the Eagle/Fairvie~v intersection. E. A Traffic Study has been submitted for the proposed comprehensive plan amendment and rezone. The traffic study included the development at the southeast corner of Fairview and Eagle. The key findings of the study are as follows: 1. The proposed project is estimated to generate 2,040 additional total daily vehicle trips. The actual additional traffic volume added to the street system is approximately 1,500 daily vehicle trips because of pass by trips already on the adjacent roadways. 2. The proposed project is estimated to generate 22~ total peak hour vehicle trips, adding approximately 225 peak hour vehicle trips to the external trip network because of pass by trips already on the adjacent roadways. 3. The anticipated peak hour vehicle trips are the result of a trip rate of 4.225 peak hour vehicle trips per 1,000 square feet of floor area. This number is in compliance with the data provided by the Institute of Transportation Engineers (ITE). District`staff completed peak hour traffic counts at two smaller local shopping centers. The observed numbers matched the ITE data for a similar sized shopping center. Staff therefore accepts the submitted figures for peak hour trip generation. 4. The submitted site plan shows several driveways on Fairview Avenue and Records Drive. 5. Records Drive is currently a private street from Fairview Avenue to the Crossroads Subdivision but will be dedicated as a public street and desi;nated as a local - commercial road with this application. The analysis assumed that the Records/Fairview intersection will be signal controlled. 6. In addition to Records Drive, there are three other proposed driveways on Fairview Avenue. The western-most driveway (Driveway A on the attached map) is proposed for right-on/right-out operation. The other two driveways meet District policy for full access operation. Current District policy allows a maximum of three access points for one frontage. 7. Both Eagle Road and Fairview Avenue are principal arterials. As such, Level of Service (LOS) E is an acceptable condition for the intersections on both roadways. MCPA9902.Ci~ti~1 Page 3 • the recommended improvements will be necessary in the future to accommodate traffic growth vv• the traffic that will be generated by this proposal; and the District would be' V constnictin~ those improvements at the appropriate time, partially funded from-.impact fee revenue. The lame volume that will be generated by the proposed development accelerates the need for those improvements. Staff has evaluated the relative benefits that will be realized by the general traveling public from the various recommended improvements and suggests that they be considered in two categories, system improvements and site related improvements as follows: System Improvements are capital improvements other than asite-related improvement which is a public facility and is designed to provide service to the community at large. The costs of these improvements would be offset from the Road Impact Fees for the project: a. Construct curb, gutter and an eastbound lane on Fairview Avenue from Records Drive to the east property line. b. Dedicate 60-feet ofright-of--way from the centerline of Fairview Avenue from Records Drive to the east property line. The District will require additional right-of-vvay to be dedicated on Fairview Avenue for the westbound left turn lanes at the Fairview Avenue/Records Drive intersection. Coordinate the roadway design and right-of--way dedication with District staff. 2. Site-related improvements are capital improvements or right-of--way dedication for direct access to and/or within the proposed project or development. The costs of these improvements must be borne by the developer of the project: c. Construct a traffic signal at the Fairview/Records intersection. d. Construct dual northbound left turn lanes on Records Drive at the Fairview Avenue intersection. The signal will include provision for Opticom equipment. e. Construct afive-foot sidewalk on Fairview Avenue abutting the site. f. Constrict five-foot sidewalks on Records Drive abutting the site. . g. Dedicate 76-feet of right-of--vvay for Records Drive from Fairview Avenue to a point 300-feet south of Fairview Avenue through the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. h. Dedicate 60-feet of right-of--way for Records Drive from a point 300-feet south ;" of Fairview Avenue to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. H. The standard impact fee for the adjacent Family Center retail center is 52,298 per 1,000 sq ft of building area. The original B~O,OOO sq ft retail complex would normally be expected to pay a Road Impact Fee of approximately 52 million. _ The applicant has submitted an individual assessment for the project site. The assessment identified the site's location adjacent to a State Highway and reported an impact fee of 51,744 per 1,000 sq ft'of building area. The original 80,000 sq ft retail complex would normally be MCPA9902.CNI~~1 Pale ~ ~. Both Eagle Road and Fairview Avenue are five lane facilities abutting the project site ~L•ith free right-turn lanes on all legs of the intersection. 9. The Eagle Road Access Study recommended a filture grade separated interchange for the Eagle/Fairview intersection. 10. ; The current APA model assumes an average annual increase of traffic on Eagle' Road'of 4%. The observed traffic increases have averaged ~20°'° per year over the last four years. 11. The Eagle/Fairview intersection currently operates at LOS D. 12. The Eagle/Fairview intersection will operate-at LOS F with the existing geometry and the "existing plus project" traffic volumes. The intersection call be made to operate at an°acceptable LOS E condition with the provisions of dual left turn lanes and free right turn lanes on all approaches. This change will require moving at least two signal poles and adding pavement as well as restriping. The signals currently provide pedestrian actuated movement across Fairview Avenue and Eagle Road, and this provision for pedestrians must be maintained after any modifications to the intersection. 13. The Fairview/Records intersection will operate at LOS D with the existing plus project traffic volumes. The intersection will require signalization and dual left turn lanes on all approaches in order to maintain a good LOS. Staff recommends that two northbound left-turn lanes be constricted on-site by the developer, with a signal installed appropriately to accommodate filture dual left-turn lanes on Fairview Avenue to be constructed by the District when needed. 14. The remaining, unsignalized, frill access site driveways will operate similar to rigllt- in/right-out facilities. The through traffic volumes on both streets are so high that there will be few opportunities for left-turns at any of the non-signalized intersections. These driveways .will operate at`an acceptable LOS E or better for outbot-nd left turns and inbound left turns ~ if the signalized intersections are constricted as.shown above. The demand for left turns at the unsignalized intersections far exceeds the available capacity. These intersections only function acceptably because the excess traffic can be diverted fo a signalized intersection at Records Drive. This condition is caused by a combination of high traffic volumes on the arterial streets and at the site driveways. F. The preceding analyses identified the following public street improvements needed to accommodate the additional raffic created by this project and the normal growth of background traffic: 1. Construct a traffic signal at the Fairview Avenue/Records Drive intersection. Locate. the signals to accommodate future dual left-turn lanes on Fairview Avenue. 2. Construct dual northbound left turn lanes on Records Drive at the Fairview Avenue intersection. 3. Construct Pine Avenue from Eagle Road east to the eastern property line of this project. Two lanes are needed from the western driveway to the eastern property. line. Four lanes are needed from the western driveway to the western property line. 4. Construct curb, gutter and an eastbound lane to Fairview from~Records Drive to the east property line. G: Fairview Avenue is a classified roadway and, as such, would be eligible for the use of impact (c~ revenue to increase [heir capacity, it such improvement is included~in the Capital Improvements Plan (CIP) and the Five Year Work Program (FYWP). None of the improvements recommended by the traffic impact study are included in the FYWP. Some of i~1CPA9902.CM~t Pa`Je =~ • expected to pay a Road Impact Fee of approximately 51.5 million. The District accepted the individual assessment, thereby reducing District Impact Fee Revenue by almost 500,000. The current application will likely include a 200,000-square foot retail building: Under the current impact fee stnichire, the applicant would be expected to pay a Road Impact Fee of approximately 5460,000. Using the cost figures from the previous assessment, the impact fees would be expected to total 530,000 assessment, thereby reducing District Impact Fee Revenue by almost 5110,000. ACHD's Park R, Ride~Division Staff has indicated the need for a Park ~~; Ride location at the applicant's site. The District requests that applicant `rant the District an easement fora 10 to 12-space Park & Ride area at this site. Commuteride staff will contact the applicant to coordinate the location of the Park & Ride area. K. In order to reduce trips to and from this development it is recommended that Tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Pat Nelson at 387-6160 for further information. L. In order to reduce trips to and from this development, it is recommended that the tenants occupying the proposed building(s) be required to participate in any Transportation Management Association (TMA) or Transportation I/Ianagement Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. A Transportation Management Association (TMA) or Transportation Management Organization (TMO) is formed with a coordinator that works as a liaison between businesses and private and public transportation providers to increase the use of alternative transportation and other trip reduction measures (shuttle buses, bus pass. programs,. vanpools, car pools, bicycle and walking enhancements). An annual survey will be required of the TMA/TMO to monitor participation in alternative transportation programs and forwarded to the ACHD' Commuteride Office. M. In accordance with District policy the applicant may construct a maximum of three driveways on Fairview Avenue a minimum of 440-feet for a frill access "driveway and 220-feet for aright- in/right-out driveway from any public street intersection and 220-feet from all existing or proposed driveways. The maximum driveway width should be 40-feet with a minimum storage length of 100-feet. The applicant should also be required to install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Pavement tapes should be constructed with ,l5-foot radii at any proposed driveway. Coordinate the design, storage length and location of"any proposed driveways with District staff. N. [n accordance with District A maximum of three driveways should be approved on Records Drive'. The drivewavs should be located a minimum of 175-feet south of Fairview Avenue and" aligned or offset 1 ~0-feet from all existing or proposed driveways. The driveways should be constructed as 24 to 30-foot curb return driveway with 15-foot curb radii. The minimum MCPA9902.CNt ~1 Paee 6 • storage length should be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. O. District policy states that direct access to arterials and collectors is normally restricted and that the developer shall try to use combined access points. In accordance with District policy the applicant should be required to provide a recorded cross access easement for the parcel to the east to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). The District intends to require a similar agreement of the owners of the parcel to the east if they are the subject of a future development application. P. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. Q. The District completed an access control plan for the entire Eagle Road corridor in 1997. An important recommendation of that study was the proposal for a grade separated interchange at the Eagle!Fairview intersection. Althouvh constniction of the interchange is anticipated beyond the 20-year planning period, the Long Range Transportation Plan establishes the policy that the District should preserve the right-of--way now to ensure that the needed land will be available when constniction begins. R. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development only with the additional requirements outlined within this report. The existing transportation system is not adequate for the anticipated traffic volumes without improvement. The following requirements are provided as conditions for approval: Site Specific Requirements: Dedicate sufficient additional right-of--way to total 60-feet from section line of Fairview Avenue abutting the entire site. The right-of--way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. The owner will be compensated for all right-of--way dedicated as an addition to existing right-of--way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with- Section 15 of ACRD Ordinance #188. 2. Dedicate 76'-feet of right-of-way (38-feet from the centerline) for Records Drive from Fairview Avenue to a point 300-feet south of Fairview Avenue and 60-feet ofright-of-vray (30-feet from centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a Fnal subdivision plat or execution of a warranty deed prior to issuance of a any Certificate of Occupancy. The owner will not be compensated for this right-of--way because Records Drive is a local street. Construct a ~-foot wide concrete sidewalk on Fairview Avenue abutting the site (approximately 822-feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building pernlit. ~~iCPA9902.C~(~l Pa~~e 7 4. Prior to opening of the development, constrict pavement widening on Fairview Avenue to add one eastbotmd lane from Records Drive to the east property line. The cost of this improvement will be offset from the road impact fee to be collected for-the development. Constrict a maximum of three driveways on Fairview Avenue a minimum of 4~0-feet for a hill access driveway and 220-feet for aright-in/right-out driveway from any public street intersection and 220-feet from all existing or proposed driveways. The maximum driveway width will be 40-feet with a minimum storage length of 100-feet. Install a 36" by 36" high intensity STOP si,n at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 1 ~-foot radii. Coordinate the design, storage length and location of any proposed driveways with District staff. y y 6. Constrict Records Drive as a 6~-foot street section (with curb, gutter and ~-foot wide concrete sidewalk) from Fairview Avenue to a point 300-feet south of Fairview Avenue. Records Drive shall be located approximately 2,100-feet east of Eagle Road. =Widen the approach to Fairview Avenue to provide two northbound-left turn lanes and one northbound throui7h/right-turn lane. ,Two southbound lanes are needed from Fairview Avenue to a point 300-feet south of>Fairvietiv. Dedicate sufficient right-of--way, for the noted improvements. 7. Construct a traffic signal at the Fairview Avenue/Records Drive intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHD specifications. The signal should be designed to allow the future constriction of dual left-turn lanes on Fairview Avenue. The .applicant, will be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. S. A maximum of three driveways are approved on Records Drive. The driveways shall be located a minimum of 17~-feet south of Fairview Avenue and aligned or offset 150-feet from all existing or proposed driveways. The driveways shall be constricted as ~ to 30-foot curb return driveway with 15-foot curb radii. The minimum storage length shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. .. 9. Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in ~,vriting to-the ACRD Planning and Development Supervisor. The rea«est shall specifically id n ify each reauiremenr ro he rP~~n~iclerP~1 and ;,,rl~ariP ~ ~vri en ~xplanarion of why such a regt~iren,enr wnirlrl rPCiilr in ;, ~,~hstantial hardshi~or ined~it; The written r~tt~~L~liall he submitted to the Dis rict no lat r thin 9.00 a m on the day the ulec for ACHD Commis~i~n ~~ric,n - Those items shall be rescheduled for discussion with the Commission on the next available meeting avenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action "do not provide sufficient time for District staff to remove the item from the consent agenda and iVICPA9902.CM~~1 Pa~,e 3 • Conclusion of Law: 1. ACRD requirements are intended to assure that the proposed use/development will not place an undue burden on the eYistin~ vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: Rate of Commission Action: P1_anning and Development Staff uly_ 7 1999 iv1cP~~~o?.civl~l Page 10 MERIDIAN PLANNING & ZONING COMMISSION MEETING: JUNE 17. 1999 ______ APPLICANT: DAKOTA COMPANY AGENDA ITEM NUMBER: 3 REQUEST: COMPREHENSNE PLAN AMENDMENT TO CHANGE LAND USE OF 12.3 ACRES FROM SINGLE FAMILY_RESIDENTIAL TO COMMERCIAL AGENCY COMMENTS CITY CLERK: SEE ATTACHED LETTER CITY ENGINEER: CITY PLANNING DIRECTOR: SEE ATTACHED MEMO CITY ATTORNEY: CITY POLICE DEPT: SEE ATTACHED COMMENTS CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: CITY WATER DEPT: SEE ATTACHED COMMENTS MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: ~' ~~ ~~ IDAHO POWER: . p, P US WEST: ~W '~ IN GA INTERM~UNTA S BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become properly of the City of Meridian. rPage-~ Memo To: Wiil Berg Brittney.Louie From Shari Stiles CC: File Date: 05/19/99 Re: Tom Bauwens /Dakota Co. Annexation Application at 4000 E. Fairview Tom Bauwens of Dakota Company has requested that the Annexation Application for the property at 4000 E. Fairview be heard at the same time as the Comprehensive Plan Amendment Application. Our department is holding the application (which is complete) but have decided not to process it until instructed by the Commission. Bill Gigray offered the following advice on the matter. If the Developer/Applicant insists that the matter be heard by the Planning & Zoning Commission, he recommends that I place the matter before the Commission for a motion to consider the zoning and annexation at the same time and that I staff the Commission with my opinion and the Commission can then decide whether to place the matter on its agenda for public hearing and notice the application. I would like to request that this be placed on the 6/17/99 Plamzing & Zoning agenda. Per Bill Gigray, this is noI a public hearing. It is only a motion, which would follow the procedure on pages 11 & 12 of the "Development Application Procedures for City Council" document. .~ i • Page 1 ~r • HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 884-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE ~ 33 EAST IDAHO" BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-221 l RON ANDERSON Phone (208) 888-4433 • Fax (208) 887~48~ cE~ J~TIPLANNING AND ZONfNG KEITH BIRD .~k~5",. -` -L,~,tL JI DEPARTMENT (208) 884-5533 MAY 1 7 1999 City of Meridian TRANSMITTAL TO AGENCIES FOR COMMENTS ON ~EVE~.OP1Vfli`ENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 10. 1999 TRANSMITTAL DATE: May 12, 1999 HEARING DATE: June 17, 1999 ~rec..~-~. Chi-~Cv FILE NUMBER: CPA-99-002 REQUEST: COMPREHENSNE PLAN AMENDMENT TO CHANGE LAND USE OF 12.3 ACRES FROM SINGLE FAMILY RESIDENTIAL TO COMMERCIAL BY: DEVELOPER DIVERSIFIED REALTY CORP LOCATION OF PROPERTY OR PROJECT: SOUTH OF FAIRVIEW & EAST OF RECORDS AVE TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT _ MALCOLM MACCOY, P/Z MERIDIAN. POST OFFICE(PRELIM & FINAL PLAT) THOMAS BARBEIRO, P/Z 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) SEWER DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT BUILDING DEPARTMENT ADA COUNTY (ANNEXATION) FIRE DEPARTMENT POLICE DEPARTMENT YOUR CONCISE REMARKS: ,e.~.- CITY ATTORNEY CITY ENGINEER CITY PLANNER UB RE VALLEY H OF TREASU Mayor ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD LEGAL DEPARTMENT ('_OS) 884-4264 PUBLIC WORKS BUILDING DEPARTMENT (2os)sa1-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 1, 1999 TRANSMITTAL DATE: May 10, 1999 HEARING DATE: June 8, 1999 FILE NUMBER:. CPA-99-002 REQUEST: COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND USE OF 12.3 ACRES FROM SINGLE FAMILY RESIDENTIAL TO COMMERCIAL BY: DEVELOPERS DIVERSIFIED REALTY CORP LOCATION OF .PROPERTY OR PROJECT: SOUTH OF FAIRVIEW & EAST OF RECORDS AVE. _~ TAMMY DE WEERD P2 MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z 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 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) REcErvED MAY 1 1 1999 ,. , . 5 ` . ~ CITY OF MERIDIAN CENTRAL CEI~RAL DISTRICT HEALTH DEPAR~'IENT •• DISTRICT Environmental Health Division ` ~i~l'HEALTH} r Re>tuo Boise DEPARTMENT ' n ^ Eagle Rezone # ~-- 1_ ~- ~ ~j -DV ~ _ ~~~~~ ^ Garden City Conditional Use # MAY 1 8 1999 Meridian Kuna Preliminary /Final /.Short Plat nT.rRS nr, t~ 14TT1TA ^ ACZ 1L a~y...~av~a. I. We have No Objections to'this Proposal. t 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ` ^ `6. This office will. require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^'central water ^ 10. Run-off is not to create a mosquito breeding problem. ^ I I. This Department would recommend deferral~untjl high seasonal ground water can be determined if other considerations indicate approval. ^ 12. ~ If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ^ 14. Date: / / Reviewed By: r CDHD ID/91 rcb, «.. ~/9~ ~ Review Sheet ~~ MAY 2 4 1999 ORGANIZED 1904 R~cErvED CITY OF IVIERIDIA~'V • . ~ . . ~. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 M ~- 0 Will Berg, Gty Clerk City of Meridian 33 East Idaho Meridian, ID 33642 Re: CPA-99-002 Change Land Use from Single Family Dwelling to Residential for~Developers Diversified Realty Corporation Dear Mr. Berg: The Nampa & Meridian Irrigation District has no comment on the annexation and zoning for the above-mentioned project. Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Sincerely, ~~ ~~~-L ~ Bill son, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln Cc: File -Shop File -Office Water Superintendent ~. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 HUB OF TREASURE VALLEY -Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT , B C il M b CITY OF MERIDIAN ounc em ers PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (cos) ss~ ~~ ~ ~ RoN ANDERSON Phone (208) 888-4433 • Fax (208) 887-48~E ~ E' ~~.1NG AND ZONING KEITH BIRD MAY 1 PARTMENT 0 1999 `'08' 88~-5'33 City of Meridian City Clerk Office 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 1, 1999 TRANSMITTAL DATE: Mav 10, 1999 HEARING DATE: June 8, 1999 FILE NUMBER: CPA-99-002 REQUEST: COMPREHENSNE PLAN AMENDMENT TO CHANGE LAND USE OF 12.3 ACRES FROM SINGLE FAMILY RESIDENTIAL TO COMMERCIAL BY: DEVELOPERS DIVERSIFIED REALTY CORP LOCATION OF PROPERTY OR PROJECT: SOUTH OF FAIRVIEW & EAST OF RECORDS AVE. _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH $ORUP, 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 AFIRE 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: ~ ~0 `~~ ~~ Qty *~ TXSTATUS REPORT ** DATE TIME TOiFROM 83 0617 102 1 208 343 4954 ----------------------------------- 200 E. Garhon, Ste. 201 Meridian. ID 83842 Phoney 8&i-5533 Fa~c 887-1297 ~ - 1 AS OF JUN 17 '99 11~a4 PAGE.01 PUBS I C LJDRKS MODE MINiSEC ?GS CMDti STATUS G3--S x2'17" 004 221 OK ----------------------------------------- To: To r.-~ 6Q." w e r1 S From: Shari Stiles Fax 3~3-`t~5 owe= ~ ~~ I~~ Phase: y (Induding cover) Re:1~eVCIo r~ jiver i .P f2P0.1 ~~ Co r'"''r,~ rlt S O Urgeet cA' For Review ^ Please Com~r~ern ^ Please RePfy ^ Please Recycle •Commertta: 200 E. Carlton, Ste. 201 Meridian, ID 83642 Phone: 884-5533 Fax 887-1297 Fax I'm ~~ -~^ (3a~v w P n S From: Shari Stiles Fax: 3`13-`f`15y uat« to ~ 1~ ~ a~ Phone: Pages: ~ (Including cover) R~saevelooers ~i L.v tri r`"''E'rtts ^ Urgent c.0'For Review ^ Please Comment ^ Please Reply •Comments: ^ Please Recycle a 06/17/9P 15:10 $208 a45 7650 ACRD t ~L • ~ 001/001 .~~ cou~~~..~~~wu~ ~~~t~~~t Sherry R. Huber, President 318 East 37th Street Judy Peavey-Derr, Vice President Garden City, ldato 83714-6499 Mariyss Meyar Routson, Secretary Phone (208} 387-6100 Dave Givens, Commissioner Fax (208) 387-6391 SusanS. Eastlake, Commissioner a-mail: tellus@achd.ada.id.us June 17, 1999 T?E(~EIjI~T1 1) Tom 8auwens JUN 1 7 1999 The Dakota Company 380 East Park Genter slvd, Suite 100 CITY OF MERIDIAN Boise, Ip 83706 Re: MCPA-99-0Ot}2 South of Fairvle~+, East of Records The Ada County Highway District teas received the updated traffic analysis as requested. The District accepts the traffic numbers and is processing the application. There is no longer a hold on this project. Feel free to contact ma if there are any other questions cr concerns. ~'~ David Szpiett Planning and Development Division cc: Project File Shari Stiles, City of Meridian .~du ~ou~t~J~~~~wu~ ~~~t~~~t Sherry R. Huber, President Judy Peavey-Derr, Vice President Marlyss Meyer Routson, Secretary Dave Bivens, Commissioner Susan S. Eastlake, Commissioner June 15, 1999 2~ 'CE~D JUN 1 7 1999 Tom Bauwens CITY OF MERIDIAN The Dakota Company ~ ~~,~ 380 Easf Park Center Blvd, Suite 100 ' Boise, ID 83706 Re: MCPA-99-0002 South of Fairview, East of Records ~' J~~^ - ~~„~~~y~ The Ada County Highway District has determined that this application is of sufficient size to require an update to the previous traffic study. The subject application could generate up to 10,000 total daily vehicle trips. The traffic analysis for the previous application, Meridian Family Center, indicated a concern for the Fairview/Records and Fairview/Eagle intersections. The District is concerned with the future traffic operations at these intersections. The District is unable to process the subject application until a traffic analysis has been submitted and accepted. Please have your engineer contact me before the analysis is started. Feel free to contact me if there are any other questions or concerns. a/j''rL~ David Szplett Planning and Development Division 318 East 37th Street Garden City, Idaho 83714-6499 Phone (208) 387-6100 Fax (208) 387-6391 e-mail: tellus@achd.ada.id.us cc: Project File y Shari Stiles, City of Meridian i JUN--17-99 TNU 1D:47 A~LOEIE EI-lGI1JEERING, INC .tune i 7, 1949 t Dave Szplett, P.E. Ada County Highway District 318 E. 37th St. Boise, 1J3 83714 RE: ~ Family Center at Meridian - MCU-t7-98 Traffic Impact Study Dear Dave; F' 2g3 345 T.~299' P. 02 DOB)rE ENE'rJ.1~`~F.RiNG, ING '777 Hearthstone Dr, W Boise, ID 83702 (208)345-3290 t REcE~D JUN 1 7 1999 CITY OF iVIERIDIAN The purpose of this suppletnecatal analysis is to consider the marginal impacts of the addition of IC~0,000 s~.ft. of retail space to the approved Family Center at lyferidian. At fullbui.idout, the total traft'te generated b}'the Center will increase by 2040 vehicles per day. 1`4oreover, this retail addition will add appro;cimatety X25 new peak hour trips. Site access will be available from Fairview Avenue via the Records Avenue intersection plus two new driveways. it is anticipated that the new signalized Records Avenue intersections will receive the majority of the site tragic, especially the left-turning movements. The capacity analysis for this signal was recalculated to include the additional traffic. The pra;ected service levels are within the C/D range for all approaches during the peak hour period. This capacity is favorable and well within acceptable standards. Acceptable service Icvcls will also be achieved at the site driveways tc Fairview ;4.venue tivlsere the predonsizsant ,nover`tsents will be right turns. The ftndings of this supplemental analysis indicate that no significant trafTic problems will result fra,n adding t}se proposed retail space to the Family Center site. Sincerely, Patrick Dobie, P.F. `'` Dobie )~ngineering, inc. V - ~~ t` Ole ~0' ~~, ~~'~cc~ o°..i~ _ , t r ~ ,'-~~~2 ~~YIYI~ ~'~' CEIV~''~ ~ ~ ~~~ JUN 1 7.1999 Violation of such conditions and .safeguards when made a P~~.®A 1/1G~iL~ the terms under which the appeal is granted shall be deemed a violation of this Ordinance. E ~. t ~'~K GENERAL .STANDARDS APPLICABLE TO ZONING AMEtIDMENTS 4 _ ~ The Commission and Council shall review the particular-facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering .the following questions about the proposed zoning amendment: 1. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been~an application for-_a Comprehensive Plan amendment; , 2. ~~ Is the area included in the zoning amendment intended to be, rezoned in the future; P , .~ ' .~ " 3. Is the area included in the zoning amendment intended,.to be developed., in the fashion that would be allowed under the new zoning - for.. example, a residential area- turning into commercial area by means of conditional use permits; 4. Has there been a change in the .area or adjacent areas which may dictate that the area should be rezoned. For example,. have the streets been widened, new railroad access. been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; . a: + 5. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or~intended character of the general vicinity and that such use will not change the essential character of the same area; ~6~.~~Wll-thee-proposed .uses+not~.be,.. hazardous --or--dsturbing;M tom ,~. _ _ ..~ .._,. -.~--_.. ~ .T,~ 4 ,existing=or-future neighbor.ing,.,~uses; ~T_-~---- _.. ~ ..~ ~ _....., 7. Will the area be served adequately by essential publice facilities and- services such as highways, streets, police and fire protection, drainage structures, refuse disposal, 5 "water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able;~to provide adequately any of such services; . e 8. Will not create excessive additional requirements at public cost for public facilities and services and will notF be detrimental to the economic welfare of the community; ~ ~-i ~-Will--'the--proposed•-~-uses,-r-not-~-invol'v`e,~us_es ;.~, activ3t"ies p sses,_materials,,,,,.equipment and, conditions-of-.operation i hat~will b'e detrimental~to any_'persons,.~property._or• .a her eneral-=wehfare~=-=b~ ~° "•~ "-' ~~ ___ y--,-reason °'of=-excess•ive-production- .o f 1 ~traffic,,_„noise, smoke,.,_fumes,p,glare~or_odors;W ~-°' -7 6- N* LO""-~--W,i1.1=~-t~he~"''a'rea~have vehicular_approache.s."~to~_Rthe-gpropert~y_~ ' ,, ,~ _ . . wtiic_h-shall bex so..designed•ras...not_to_.create_an:.,`int'er'fere`nce~ - '---• -~ -- ~-_ u b lki c -~ s t r e e t s ~ith~traffc"~o`n su_rround;inq °p ._.-,~ 11~. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and ..._...~.~....,._..~ -e.~ _ `. ..,-,b._-., .~-..._ - t.r.. _ 12 ~.-~Is° the' °proposed -'zonng~,amendirierit_ in#.the.•._best__1nt'e're_s„t~of_~ ~bhe .City of~Mer-idi.an°~ `: ;'L DEVELOPMENT AGREEMENT Zf property~~is rezoned, "the City may require or permit, as a k., .. condit~.'tSri"~Sf°•^~t•he'~ re~ioh'ing; ' 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 rezoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in'the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the Commitment_ The City Council is hereby authorized to adopt, by resolution, rules governing the creation, form, recording, modification, enforcement and termination of commitments . 2-417 ANNEXATION AND ZONING UPON ANNEXATION 2-417 A Prior to annexation of an unincorporated area, the Council shall request and receive a recommendation from the Planning and Zoning ,- Commission on the proposed annexation and the proposed zoning for the annexed aYea. The Commission, the City, the applicant, and the Council shall follow the notice and hearing procedures provided in Section 11=2-.416, Zoning Amendment Procedures. Provided, however, that the final decision of the Council shall not be appealable since such decision is a legislative. function even though the procedure is `designed to be quasi-judicial in nature and provides due process to the applicant. The application for annexation shall include a request for a zoning designation and, upon annexation, the property shall be zoned; however, procedurally, the property shall be deemed to have been annexed prior to being zoned and for appeal rights, there can be no appeal from -the .zoning decision if the property is not first ivy -77=