Loading...
HomeMy WebLinkAboutFirst Street Plaza P/FPWILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police -Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Depacnnent (208) 887-2211 Motor dehicle/Drivers license (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: September 3. 1996 TRANSMITTAL DATE: 8/19/96 HEARING DATE: 9110/96 t REQUEST: Preliminary/Final Plat for First Street Plaza BY: _ Chen Plaza Associates LOCATION OF PROPERTY OR PROJECT: NE corner of Fairview and North Meridian Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT - FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER' e 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(PREUM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & F NA T) BUREAU OF RECLAMATION(PR IN PLA' CITY FILES nTu�o. YOUR CONCISE REMARKS: AUG 2 0 1996 CITY OF MERIDIAN I A F CONDITIONAL DECLARATION. OF RESTRICTIONS AND GRANT OF EASEMENTS :. .•ep i i � I...r. THIS CONDITIONAL DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS ("Declaration") is. made and executed as of the day of , 1996, by Albertson's, Inc., a Delaware corporation ("'Albertson's"). 1 PR 1XVIINARY 1.1 Definitions: (a) "Albertson's": Albertson's, Inc., a Delaware corporation, together with any corporation succeeding thereto by consolidation, merger or acquisition- of its assets substantially as an entirety, and any wholly owned subsidiary thereof, and whose current address is 250 Parkcenter Boulevard, Post Office Box 20, Boise, Idaho 837 (b) "First Party": The Oovner.of Parcel 3 or,their successors in interest (or if there is�more than one Owner, all of the Owners of Parcel 3) . (c) "Owner": The record holder of fee simple title to a Parcel (as Parcel is hereinafter defined), its heirs, personal representatives, successors and assigns. (d) "Parcel": Parcel 1, 2 or 3 as shown on Exhibit "A" and more particularly described in Schedule I attached hereto and incorporated herein by this reference. (e) "person": Individuals, partnerships, firms, associations, corporations, trusts, governmental agencies, administrative tribunals or any other form of business or legal entity. (f) "Restrictions": The easements, covenants, restrictions, liens and encumbrances contained in "this Declaration. 1.2 Parties: First Parry is the Owner of Parcel 3, and Albertson's is the Owner of Parcels. 1 and 2. The Parcels are located at the southwest corner of the intersection of West Cherry Lane and Ten Mile Road in"the City of Meridian, County of Ada, State of Idaho. CONDITIONAL DECLARATION OF - Page 1 RESTRICTIONS AND GRANT OF EASEMENTS ABS #180 - Meridian, ID MM&C 125.372 08/28/96 Upon acceptance 'of this Declaration, the Owner of Parcel 2 shall at all 'times provide,and maintain or cause to be provided and maintained commercial general liability insurance insuring First Party, and all tenants thereon against claims for personal injury, bodily injury or death and property damage or destruction, occurring in or arising out of the use of the easement hereby granters by First Party or improvements constructed thereon. The limits of liability of such insurance shall be not less than -52,000,000.00 for personal injury or bodily injury or death of any one person, $2,000,000.00 for personal injury or bodily injury or death of more than one person in one occurrence; and $500,000.00 with respect to damage to or destruction of property; or in lieu of such coverage, a combined single limit (covering personal injury, bodily injury or death and property damage or destruction) with a limit of not less than $2,000,000:00 per occurrence. Such insurance shall be written with an insurer licensed to do business in Idaho. The persons or entities `Hereby required to provide such insurance shall provide to First Party or First Party's successor in interest a certificate of insurance evidencing existence of the required insurance. Such insurance policy shall provide that the insurance : represented by such certificate shall not be canceled or materially changed without the giving of 30 days prior written notice to the holder of such insurance and the holder of such thirty ( ) p y . certificate. All insurance which is required to be maintained hereunder may be provided under a blanket policy provided such policy otherwise complies with the requirements of this Declaration. So long as the insured has a net worth, determined in accordance with generally accepted .accounting principles, in excess of $50,000,000.00, all or any part of such insurance may be provided under a program- of self-insurance, provided that such self-insured party agrees to pay the I amount of any deductible or self-insurance provided under any insurance which such party is required to maintain hereunder. 4 [RESTRICTIONS, ON -USE -;r 4.1, IFood—and_Drug.,ItaR&ions:, r No part of Parcel 3 shall be used as a supermarket (which shall be defined as any store or department containing at least 5,000 square CONDITIONAL DECLARATION OF - Page 4 RESTRICTIONS AND GRAM OF EASEMENTS. ABS #180 - Meridian, ID MMBtC 115.372 08/28/96 i loor area, including aisle space and storage, primarily devoted to the retail sale of food )remises consumption); as a bakery or delicatessen; for the sale of fresh or frozen meat, iltry or produce for off -premises consumption; for the sale of alcoholic beverages for off- i -consumption; or for the sale or offer for sale of any ethical pharmaceutical products requiring the services of a registered pharmacist. 4:=Other. Restrictions:—No part of Parcel 3 shall be used as a bar, tavern, cocktail lounge, adult book or adult video store, automotive maintenance or repair facility, warehouse, car wash, entertainment or recreational facility or training or educational facility; for the renting, leasing or selling of or displaying for the purpose of renting, leasing or selling of any boat, motor vehicle or trailer; or for industrial purposes. For the purpose of this Declaration, the phrase "entertainment or recreational facility" shall include, without limitation, a theater, bowling alley, skating rink, gym, health spa or"studio,.dance hall, billiard -or pool hall, massage parlor, game, parlor or video arcade (which shall be defined as any store containing more than four1[4] electronic'games). The phrase "training or educational facility" shall include,: without limitation, a beauty school; barber college, reading room, place of instruction or any other operation catering primarily to students or trainees as opposed to customers. No part of Parcel 3 within two' hundred (200) feet of the building on Parcel 2 shallbe used as a restaurant or as a medical, dental, professional or business office. 5 GENERAL PROVISIONS 5.1 Covenants Run With the Land. Each Restriction on each Parcel shall be a burden on that Parcel, shall be appurtenant to and for the benefit of the other Parcels and each part thereof and shall run with the land. 5.2 Successors and Assigns. This Declaration and the Restrictions created hereby shall inure to the benefit of and be binding upon the Owners, their heirs, personal representatives, successors and assigns, and upon any person acquiring a Parcel, or any portion thereof, or any interest therein, whether by operation of law or otherwise; provided, however, Y that if any Owner sells all or any portion of its interest in any Parcel, such Owner shall CONDITIONAL DECLARATION OF - Page 5 RESTRICTIONS AND GRANT OF EASEMENTS ABS 6180 - Meridian, M MM&C 125.372 08/28/96 I - 1 � r m U �� !Os •a 11 u � p � � lLillY101iry1 �► I 8 ;� 8 OVO& 371m ti h p S007)O'05"W 275.52' �:g 8 �1 Ilc�l N a • � I N n C ? e! II omaw 4 �. >rva os a M"w E �moc wadc c I N , ^ N m W 1 I ,lszat .J n x 6 I ; / 2% I \ I o ill i lyl<n �dg I I � 6 Z�^ .OrYZL 50570'561 211.37' Y . � sl ^ U ,�! b / W �c / 3.CO.11000N ^ 90.000p Fpi• •/ U / - C- - gI � ° ` . 1D'CDI i '¢I F- m i u c-� ORDINANCE No. 74-9 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING REAL PROPERTY WHICH IS DESCRIBED AS THE SOUTHWEST 1/4 OF SECERTAI CTION 6N TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN COUNTY IDAHO; AND PROVIDING AN EFFECTIVE DATE. ' MERIDIAN, ADA WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A parcel of land located in the Southwest 1/4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the Southwest corner of said Section 6 which is marked by a brass cap thence running North 0016120" West 623.04 feet (formerly North 0001'30" West 623.00 feet) along the westerly boundary of said Section 6 to a point; thence North 88001'10" East 277.61 feet (formerly North 88016100" East 276.68 feet) along a line parallel with and 622.76 feet northerly (when measured at" right angles) from the southerly boundary of said Section 6 to the POINT OF BEGINNING which is marked by a set 5/8" diameter rebar, thence North 16°14'01" East 66.42 feet (formerly North 16001'02" East 62.69 feet) passing through a found iron pin and along the approximate centerline of a ditch to a found iron pin, thence North 0°43144" East 49.09 feet (formerly N 0039'02" East 49.13 feet) along the approximate centerline of a ditch to a found iron pin, thence 44.39 feet (formerly 44.33 feet) along a curve to the left along the approximate centerline of said ditch to a found iron pin, said curve has a radius of 34. central angle of 74°19'40" (formerly 74*18.322 feet, a and a ORDINANCE - CHERRY PLAZA ASSOCIATES Page .,l long chord which bears North 36026'06" West 41.34 feet (formerly North 36°30'14" West 41.28 feet), thence North 37037130" East 234.42 feet (formerly North 37053100" East 239.13 feet), to a point on the southerly boundary of LaPlaya Manor Estates Subdivision as recorded in Ada County records, said point falls in the Five Mile Drain ditch, thence South 53005116" East (formerly South 52050'27" East) 791.25 feet along -said southerly bounds of L Manor Estates Subdivision to a point which falls inPlaya said Five Mile Drain ditch, thence South 65031'35" East 91.10 feet (formerly South 65016146" East 91.22 feet) ;along said southerly boundary of LaPlaya Manor Estates Subdivision to a point which falls in said Five ,Mile brain ditch, thence leaving said southerly boundary of LaPlaya Manor Estates Subdivision South 88010124" West 208.32 feet (formerly South 88°16100" West 209.00 feet) to a found 1/2" diameter rebar, thence South 88016'54" West 216.76 feet (formerly South 88016'00" West 218.00 feet) to a found 1/2" diameter rebar, thence North 0°14'50" West 209.11 feet (formerly North 001130" West 210.61 feet) along a line parallel with and 1698.72 feet westerly (when measured at right angles) from the easterly boundary of said SW 1/4 of Section 6, to a set 5/8" rebar, thence South 88001'10" West 427.80 feet (formerly South 88°16'00" West 426.89 feet) along a line parallel with and 6 2 2'. 7 6 f eet northerly ( when measure_ d at right angles) from the southerly boundary of said Section 6 to the POINT OF BEGINNING. is hereby annexed to the City of Meridian, and shall be zoned COMMUNITY BUSINESS DISTRICT (C -C); that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions. of Law 'as adopted by the Meridian Council on the request for annexation and zoning; that the Applicant shall pay any impact development fee or transfer fee adopted by the City of ORDINANCE -"CHERRY PLAZA ASSOCIATES Page 2 Meridian as a condition of annexation and if not paid the land shall be de -annexed. Section 2. That the property shall be subject to de - annexation if the owner shall not meet the following requirements: a• That the Applicant will be required to connect to Meridian water and sewer. b. That the development of the property shall be subject and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. C. That the development shall be aesthetically maintained and meet all required setbacks. d. That, as a condition of annexation, the Applicant enter into a development agreement as authrzed by 11-21 416 L and 11-2-417 D; that the development agreement 'shall address the following, among other items: 1• Inclusion into the development of the requirements Of 11-9-605 of the Revised and Compiled of the City of Meridian, incluing Sections c Ordinances Pedestrian Walkways, G 1, Planting Strips, K, Lineal Open Space Corridors, and L, Pede Bike Path Ways. strian and 2. Payment by the Applicant, or if required, any assigns, heirs, executors or representatives, of an Personal or transfer fee, adopted p bytherCityelopment, 3. Addressing the subdivision access screening, bufferin linkage, traffic study and recreation services.' land uses, 4• An impact fee to helpac park sites to serve te areare a future school or 5. An impact fee, or fees, for park, police, and fire services as determined by the city. 6.• Appropriate berming and landscaping. 7. 8. Submission and approval of any required plats. Harmonizing and integrating the site improvements with any existing residential development. ORDINANCE - CHERRY PLAZA ASSOCIATES Page 3 9 The sewer and water requirements. 10. Traffic plans and access into and out development. of the 11. "And any other items deemed necessa b the Ci Staff, including design review of all development and conditional use processing as required under the Meridian Comprehensive Plan. e. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section schedules and 11-9-,- ick pertains to development time f. That these conditions shall and bind the Applicant, the titled owner,aand theirith theand assigns. 9. That if these conditions of approval property shall be subject to de -annexation. not met the h. Meet -the requirements and conditions of the Findings of Fact and Conclusions of Law, and meet the Ordinances of the City of Meridian. Section 3. That if the Applicant shall fail to meet the above conditions the property shall be subject to de -annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. Section 4. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. ORDINANCE - CHERRY PLAZA ASSOCIATES Page 4 PASSED by the City Council and approved by the Mayor of the, City of Meridian, Ada County, Idaho, this day of January, 1997. APPROVED: MAYOR -- ROBERT D. CORRIE a ATTEST: WILLIAM G. BERG, JR. -- CITY CLERK STATE OF IDAHO,); : ss. r County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE SOUTHWEST 1/4 OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN COUNTY IDAHO; AND PROVIDING AN EFFECTIVE DATE ' MERIDIAN' sed as OADA rdinance No. , by the City Council and Mayor of the City of Meridian on the day of Janua office. rye 1997, as the same appears in my DATED this _ day of January, 1997. City Clerk, City of Meridian Ada County, Idaho ORDINANCE - CHERRY PLAZA ASSOCIATES Page 5 STATE OF IDAHO,) • ss. County of Ada, ) On this day of January, 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to. the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set. my hand And affixed my official seal the .day and year in this certificate first above written. SEAL Notary Public for Idaho Residing at Meridian, Idaho My Commission Expires ORDINANCE --CHERRY PLAZA ASSOCIATES Page 6. ORDINANCE N0. 750 AN ORDINANCE VACATING THE PLAT OF FARMINGTON ESTATES SUBDIVISION NO. 2 RECORD IN ADA COUNTY, IDAHO, ACCORDINd TO'_THE OFFICIAL°PLAT THEREOF, IN BOOK 45, OF PLATS AT PAGES 3709 AND 3910, RECORDED DECEMBER 27, 1978 AS INSTRUMENT NUMBER 7868376, RECORDS OF ADA COUNTY, IDAHO; AND PROVIDING AN,EFFECTIVE DATE.:°- WHEREAS, the City Council and the Mayor of' the City of Meridian, Idaho, have concluded, and since the owner'of the land so requested, ,that it is in the best'inte=est of'said City to vacate the plat -of Farmington Estates"Subdivision- No. 2, recorded December 27, 1978, as Instrument Number 7868376, records "of Ada,.County, Idaho. \ NOW, THEREFORE, BE IT ORDAINE6`BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1: That pursuant to Section 50-1306A, specifically, and Title 50, Chapter I3, Idaho Code, generally, the City of Meridian, having held the required hearing and it, appearing that proper notice of said hearing was given, hereby vacates the plat of Farmington Estates Subdivision No. 2, the official plat of which was filed in Book 45 of Plats at Pages 3709 and 3710, records of Ada County, Idaho, recorded as Instrument Number 7868376, records of Ada County, Idaho. Section 2: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall take effect and be in full force from and after its passage', approval and publication as required by law. m PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of 1997. ROBERT D. CORRIE, MAYOR ATTEST: WILILIAM G. BERG, JR., CITY CLERK VACATION ED BEWS/FARMINGTON #2 ORDINANCE PAGE 1 p� ,$ STATE OF IDAHO,) : 88. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE VACATING THE PLAT OF FARMINGTON ESTATES SUBDIVISION NO. 2 RECORD IN ADA COUNTY, IDAHO, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN BOOK 45, OF PLATS AT PAGES 3709 AND 3910, RECORDED DECEMBER 27, 1978 AS INSTRUMENT NUMBER 7868376, RECORDS OF ADA COUNTY, IDAHO;_ AND PROVIDING AN EFFECTIVE DATE." passed as. Ordinance No._, by the City Council and Mayor of the City of Meridian, on the day of , 1997 as the same appears in my office. DATEDthis day of January, 1997. CITY CLERK, CITY OF MERIDIAN ADA COUNTY, IDAHO STATE OF IDAHO,) • ss. County of Ada, ) On this day of , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR., known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same.. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MERIDIAN, IDAHO VACATIONED BENS/FARMINGTON #2 ORDINANCE PAGE 2 ORDINANCE NO. 791 AN ORDINANCE OF THE CITY OF -MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL -PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City "Council and the Mayor of the City of Meridian, Idaho, have concluded that -'it is in the best interest of said City to change the zoning from R-4 Residential to Limited Office (L -O), for the following described parcel in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho,:, ' Secti"on 1. That the aforementioned real property which is 6 described as follows: A parcel of land in the Southeast Quarter of the Southwest Quarter of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Southwest corner of the Southeast Quarter of the Southwest Quarter of Section 1, Township 3 North, Range 1 West, Boise Meridian, Thence North 00024130" West a distance of 200.00 feet to the REAL POINT OF BEGINNING, Thence continuing North 00024130" West a distance of 130.00 feet to a point, thence East a distance of 203.00 feet to a Point, Thence South 00°24130" East a distance of 30.00 feet to a point, Thence West a distance of 95.01 feet to a point, Thence REZONE ORDINANCE - MERIDIAN FREE LIBRARY PAGE 1 South 00024130" East a distance of 100.00 feet to a Point, Thence West a distance of 108.60 feet to the REAL POINT OF BEGINNING. be, and the same is rezoned from R-4 Residential to Limited Office, (L -O) and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same. This rezoning is subject to the conditions referenced in the Findings of Fact and Conclusions of, Law as adopted by the Meridian City Council on the request for rezone. Section 2. The Applicant shall comply with all ofrthe Ordinances of the City of Meridian, particularly the water and sewer Ordinances and requirements, the Uniform Fire and Life Safety Code, the Fire Code, the Uniform Building Code, and other Ordinances of the City of Meridian, including that all parking areas shall be paved. Section 3. That the property shall be subject to re -zone if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. C. That, as a condition of rezoning, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the development the requirements of 11-9-605 of the Revised and Compiled Ordinances of the City of Meridian and other matters. d. That the owner must comply with Section 11=9-605 M., which pertains to the tiling of ditches and waterways. e. That these conditions shall run with the land and bind. REZONE ORDINANCE - MERIDIAN FREE LIBRARY PAGE 2 C the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. That if the .Applicant, shall fail, to meet- the .above conditions the property shall be subject to'rezone back to R-4.. Section 4. EFFECTIVE DATE:, There+ being ani;emergency, which"e'mergency is hereby declared ;to exist, this Ordinance shall be in full force and °effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of January, 1997. APPROVED: MAYOR -- ROBERT D. CORRIE ATTEST: CITY CLERK -- WILLIAM G. BERG, JR. t REZONE ORDINANCE - MERIDIAN FREE LIBRARY PAGE 3 STATE OF IDAHO,) : ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. , by the City Council and Mayor of the City of Meridian, on the day of January, same appears in my office. 1997. as the DATED this day of January, 1997. City Clerk, City of Meridian Ada county, Idaho STATE OF IDAHO,) • ss. County of Ada, ) On this day of January, 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared William G. Berg, Jr., known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL Notary Public for Idaho Residing at Meridian, Idaho My Ca®mission Expires: REZONE ORDINANCE - MERIDIAN FREE LIBRARY PAGE 4 ORDINANCE NO. C. .W .--7-5;7—,'-a "AN ORDINANCt OF THE`'CITY-OF& MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS BEGINNING AT A POINT WHICH LIES ON THE CENTERLINE OF MERIDIAN STREET, 1135.8 FEET SOUTH OF THE NORTHEASTICORNER OF SECTION W 12, 'TOWNSHIP '3 'NORTH, RANGE 1 WEST, BOISE —MERIDIAN, ADA COUNTY, IDAHO, AND PROVIDING AN EFFECTIVE DATE. I N . WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho,,;have concluded that it is.in the best interest of said City, to amend and change, the .zoning from R-4 to C -C, Community f *,_ i, Business, ffor, the described parcel, in Section °1 'below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, .Ada County, Idaho: Section 1., Tli t the aforementioned real property which is described as follows: Beginning at a point which lies on `the centerline -of Meridian`*Street, Street, South of the Northeast corner of - Section '12;- Township 3 .North,. Range V West', Boise Mer'idia'n, Idaho'; thence -N 89* 50' 'W, 30 feet, -'-to ihe`northeast corner of Lot 3, Block 3 of Niday's Second Addition to the City of Meridian, Ada County, Idaho; and continuing N 89' 5.0' W, along the north boundary line"of said Lot 3, 120 ' feet'; -to' its northwest corner;j and continuing N 89' 50' W, 8 -feet, to the.centerline,of the alley running 'north -south through said 'block; thence South, along said centerline,"64'feet; thence S 850 50' E, 8, feet, to the southwest corner of said Lot 3; and continuing S 89° 8b, E, ilong'the`south boundary line of said lot, 120 feet, to its°'southeast 'corner;- and continuing S 89°'S0' E, 30 feet, to the centerline of Meridian Street; thence North, along said centerline, 64 feet, to the point of beginning. P be, and the same is rezoned from R-4 how Density Residential to CC Community -Business District,'and SectionA1-2-425, Official Zoning Maps is hereby amended to reflect" the same. " iihiis rezoning is 1 of REZONE ORDINANCE - EUGENE.PETERS Page 1 subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for rezone. Section 2. The Applicant shall comply with all of the Ordinances of the City of Meridian. Section 3. That the property shall be subject to re -zone if the owner shall not meet the following requirements.- a. equirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of rezoning, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the development the requirements of 11-9-605 of the Revised and Compiled Ordinances of the City of Meridian and other matters. d. That the owner must comply with Section 11-9-605 M., which pertains to the tiling of ditches and waterways. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Thatrif the Applicant shall fail to meet the above conditions the property shall be subject to rezone back to R-4. Section 3. That if Applicant shall fail to meet the above conditions the property -shall be subject to rezone back to R-4. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall REZONE ORDINANCE - EUGENE PETERS Page 2 a _ : be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of , 1997. APPROVED: MAYOR -- ROBERT D. CORRIE ATTEST: WILLIAM G. BERG, JR. -- CITY CLERK STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH° IS DESCRIBED AS BEGINNING AT A POINT WHICH LIES ON THE CENTERLINE OF MERIDIAN 'STREET, 1135.8 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. , by the City Council and Mayor of the City of Meridian, on the day of January, 1997, as the same appears in my office. REZONE ORDINANCE - EUGENE`PETERS Page 3 DATED this day of January, 1997. City Clerk, City of Meridian Ada County, Idaho STATE OF IDAHO,) : ss. County of Ada, ) k On this 'day of January, 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR:`, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN' WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL Notary Public for Idaho Residing at Meridian, Idaho My Commission Expires: t REZONE ORDINANCE - EUGENE PETERS Page 4 k To: De -p,," E \--,. t_ER i 3 3 Z 10 P tt-o i`<lJ1X-%01rw t9 &3(642— Few Number: 506. 4-4-33 PLEASE NOTIFY US IMMEDIATELY AT (208) 342-0091 IF THERE ARE ANY PROBLEMS RECEIVING THIS TRANSMISSION We Are Sending These Are Transmitted: Attached For Your Info/File NM ■■ Quadrant Consulting, Inc. Date: 1, 21-2 -7 ('9 C Project Number: 13 2^ y -Z- Project Project Name: C I,g-R,RY of -Na -A R-ArrT)a,rc Regarding: F%,40)#4C-j or F1Prc r CtJiVG(._V S iIONl Oil L t>,w Facsimile As Requested l ,umber of Pages For Review and Comment nr c %r Other Other Copied To: rt.s S'oc . W. G2oot-sToo - C' -r-e o.= N'1 `hl -t O 100 4 155-30 v. -J. 5 T r4--r- r�r 0, r -.w, 10 a 3 6 8 o Copies 13 9%e -4aa i ce-s--0,2*04 CDescription C Nj S �- PrP P R.o� er GSI 0/ T C* -JS r-odtw P*o-s'o u u ass- T t-kS c nme iL. 1 v 6 ASS c 5 e -o 4'_ A C -o" CC- A MMAQQ VP SJ'V- o -r- FII Agcy : caNc1.�S�o�1S. Connm�s'ts t '8� vrlt}os 9,E: ot= ALW)r cowlMCWTS Pt --Js a r -EW or%+49. N'rn6%46.►1r+W3 W�+�ck+ S► .r.0 A�. Gt, Comments )EAt-+ - 14 p43 M WE' OISc u'&SdO.TV4K %"b3 "9"1-40 ce-s--0,2*04 fon, T►+S- C%+*44LY PCO -L-A hN04*7 - rk-T I o ,v 4 P`A-? 11+0.5 r-odtw P*o-s'o u u ass- T t-kS c nme iL. 1 v 6 ASS c 5 e -o 4'_ A C -o" CC- A MMAQQ VP SJ'V- o -r- FII Agcy : caNc1.�S�o�1S. Connm�s'ts t '8� vrlt}os 9,E: ot= ALW)r cowlMCWTS Pt --Js a r -EW or%+49. N'rn6%46.►1r+W3 W�+�ck+ S► .r.0 A�. Gt, Silty P� ? INCiF COVT.141/�a Fn 1NCx 'Cb t`�\ T 'C 1�llt' \0 Z4ca1cl Ptt''fL�.. tam GcT" 5%C»- TtACS" 1 �r� 5e -7.3T- P" C bpY rat.W p►YN�' C. 5 Ca 'r I+Ar hE v%,l Pv'Aj Pr* -E- 0-r- !44-A n cfaviJ M Aacc- \ GatL 0.Sz-c.ei.,� t3 � ins Signed ,� -5 t 0s'/-- 405 S. 8th Street, Ste. 295 • Boise, ID 83702 • Phone (208) 342-0091 • Fax (208) 342-0042 • Internet: quadrant®micron.net Civil Engineering • Surveying 9 Construction Management A, 7 Porc3�5 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION CHERRY PLAZA ASSOCIATES, LLC ANNEXATION AND ZONING NORTHEAST CORNER OF FAIRVIEW AND NORTH MERIDIAN ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The'above entitled matter having come on for public hearing September 16, 1996, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and was continued to October 8, 1996, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant, Christopher J. Beeson, appearing in person, on October 8, 1996, 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. That a notice of a public hearing on the annexation and zoning' was published for two (2) consecutive weeks„ prior to the said public hearing scheduled for September 16, 1996 and continued to October 8, 1996, the first publication of which was .fifteen (15 ) days prior to said hearing; that the matter was duly considered at the September 16, 1996, hearing and continued to October 8, 1996; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 1 (CD sv�.t tv crrs~; T w.s' L. Avjo ► s Parer ►w+ ( P Ac.) a,.• D P t�ee-r e�-r IL3. S Ar-) or- 'T tw c i T`t .) 2. That this property is located within the City of Meridian ArQa of— 1mp�c+ X Aand the titled owner is Cherry Plaza Associates, LLC, which has consented to the annexation and zoning of the property; the property is described in the application which description is incorporated herein; that the property is approximately 3.5 acres, and except for a small paved area, the site is currently undeveloped and presently zoned RT `(Ada County - Rural Transition) . 3. The proposed' site is located south of LaPlaya Subdivision, which is in an R-8 zoning district, and north of Cherry Plaza and the U. S. Bank parcel; that the Applicant requests that the proposed site be annexed into the City and zoned Community Business District (C -C), and the application is not at the request of the City of Meridian; that the zoning is consistent with the ra4►rv12w A4jeAki , adjacent Cherry Plaza property and the frontage property on C� p< bait , which it.borders; that at present time, no specific plans to develop the site have been prepared. 4. That the property included in the annexation and zoning . application is within the Area of Impact of the City of Meridian; that the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridiar Comprehensive Plan. 6. That the following pertinent statements are made in the Meridian Comprehensive Plan: A. Under ECONOMIC DEVELOPMENT, Economic Development Goal Statement 1.3 The character, site improvements and, type of new FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 2 t. commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. B. Under LAND USE 5. MIXED -PLANNED USE DEVELOPMENT, Page 274 Mixed-use Area at Locust Grove Road and Fairview Avenue Plus Area North of Fairview Avenue. ,These areas are within Ada County, but nearly surrounded by the City of Meridian. The area is characterized by large rural lots, and a sparse development pattern. In order to stimulate planned development in these areas, the following policies apply: a. 5.16U All development requests will be subject to development review and conditional use permit processing -to ensure neighborhood compatibility. b. 5.17U A variety of coordinated, planned and compatible land uses are desirable for this area, including low -to -high density residential, office, light industrial and commercial land uses. C. 5.18U Existing residential propertses will be protected from incompatible land use development in this area. Screening and buffers will be incorporated into all development requests in this area. C. Under COMMUNITY DESIGN, at Page 72 ?. Entryway Corridors 4. Fairview Avenue (East entrance). 2. Entrance Corridors Goal Statement - Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian. 3. Entrance Corridors Goal Statement Policies, Page 71 FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 3 a. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip. development and encourage clustered, landscaped business development on entrance corridors. b. 4.4U Encourage 35 -foot landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 4. Neighborhood Identify Goal Policies, Page 72 a. 6.4U Limit the conversion of predominantly residential neighborhoods to nonresidential uses, and require effective buffers and mitigation measures through conditional use permits when appropriate nonresidential uses are proposed. 7. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states that land in agricultural activity should so remain in agricultural activity until urban services (municipal sewer and water facilities) can be provided. 8. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states as follows: "Existing rural residential land uses and farms/ranches shall be buffered from urban development expanding into rural areas by innovative land use planning techniques." 9. That the property could be physically serviced with City water and sewer. 10. That the C -C District is described in the Zoning Ordinance, 11-2-408 B. 9. as follows: (C -C) Communitv Business District: The purpose of the (C -C) District is to permit the establishment of general business uses that are of a• larger scale than a neighborhood business, and to encourage the development'of modern shopping centers with adequate off- street parking facilities, and associated site FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 4 amenities to serve area residents and employees; to prohibit strip commercial development and encourage the clustering of commercial enterprises. All such districts shall have direct access to a transportation arterial and collector and be connected to the Municipal Water and Sewer systems of the City of Meridian. °11. That the property has access to Fairview Avenue which is a major arterial. 12. That Section 11-9-605 C states as follows: ."Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (101) wide." 13. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the. view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 14. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 15. That Section 11-9-605 L states as follows: "Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle -Pedestrian Design Manual for Ada County (as. prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." 16. That the Planning & Zoning Administrator, Shari Stiles, FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 5 a and the Assistant to the City Engineer, Bruce Freckleton, submitted comments and they are as follows: I. The legal description submitted with this application for annexation and zoning appears to meet all of the criteria required by Meridian City Resolution #158, and the Idaho State Tax Commission. 2. As a condition of annexation, all uses proposed for the area to be annexed shall be approved under the conditional use permit process. Particular consideration will be necessary to buffer the adjacent residential use (LaPlaya Manor). Five Mile Creek is designated as a multiple use pathway in the Meridian Comprehensive Plan. No encroachment of the existing easement is allowed. 3. A development agreement is required as a condition of annexation. 17. That comments were submitted by the Meridian City Police and Fire Departments, Central District Health Department and Nampa and Meridian Irrigation District, and they are incorporated herein as if set forth in full. 18. That comments were submitted by the Ada Planning Association whereby they recommend sidewalks be incorporated into the site plan to link the proposed buildings as well as link the buildings with the sidewalks on the major roadway and that bicycle parking be incorporated into the development. 19. That the Ada County Highway District submitted dreedt site specific comments and they are incorporated herein as follows: i EQ%rC'<►=s Nsrs : RrIPqL0PaUa-6- Po&rn.' +s mv- PrT0%u+30 4c V+9 Dedicat:e 53 feet of r±9iji: of way jjorttl ,r- R"Wx 141-0) section line of Fairview Avenue abutting the (13 additional feet) by means of recordati of a final subdivision plat or execution of a w my deed prior to issuance of a building pe (or other required permits), whichever occ first. 2. Dedicat feet of right-of-way east of the section line o ridian Road abutting the parcel (5 to 232 feet FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 6 a building permit (or other required permits), whichever occurs first. / 3. Provide a recorded cross access easement fo the parcel, to the east (if not previously provided) d all internal lots for access to the public streets p for to issuance of a building permit (or other pemmi.t ). The District intends to require a similar, agreeme t of thb owners of the parcel to the east and the inte al lots if' they are the subject of a future development plication. 4. Construct a pedestrian ramp at'the no east corner of Fairview Avenue and Meridian Road, abu ting the site. The construction of the pedestrian ram shall meet ADA standards. 5. Relocate the pedestrian ramp at a northwest corner of Fairview Avenue and E. First S reet to reduce the conflict with the pedestrian r p and the existing utility pole and box. Coordinat the construction and relocation of the pedestrian ram with District Staff to meed ADA standards. 6. Replace the curb cut located approximately 554 f with a standard 30 foot wic radii. / 6iveway on Meridian Road, north of Fairview Avenue, curb return with a 15 foot 7. Restrict the curb r turn driveway on Meridian Road, locate approximately 5Y4 feet north of Fairview Avenue, to right turns only.ordinate appropriate signage with District Staff. 196 8. Replace t/herb rb cut driveway on Fairview Avenue, located approxim ely 157 feet east of Meridian. Road, with a standard urb`return driveway with 15 foot curb radii. The dri eway shall be restricted to right turns only with appy priate signage. 19. The cur return driveway on Meridiz.n Road, located 354 feet no th of Fairview Avenue, is approved. 10. Con ruct a 6 inch raised median in the center of Fairvie Avenue, from the western edge of the driveway to. the ex' ting median on Fairview Avenue, to prohibit heft hand rns at this driveway. Coordinate the design of the edian with District Staff. 11 Construct a 6 inch raised median in the center of M ridian Road from the Fairview Avenue/Meridian Road FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 7 driveway. Coordinate the design of the n with District Staff. 12. As required trict policy, restrictions on the width, and locations of driveways, shall be placed 20. That the Ada County Highway District stated it would very much appreciate it if the Applicant grant the District an easement for a 10 to 12 space Park & Ride area, with the location to be coordinated with District Ride Share. 21. That Chris Beeson, the Applicant's representative, testified. that there is no specific development planned for the parcel at this time; that the main purpose of the application was not to construct any improvements but rather to reconfigure lots in a minor fashion between the Albertson's parcel and the shops parcel (� so that they- could also own frontage along Fairview Avenue .as opposed to just the frontage on Meridian; that.the Applicant would agree to have any further development of the rear parcel, believed to be proposed Lot 1, subject to a conditional use permit at the time of development in the future; that the Applicant would work with staff and the Commission regarding the traffic circulation plan dealing with ingress and egress; that the Applicant will be requesting a variance from the standard landscaping requirements due to the limited parking aisles; that the Applicant will be working with the Ada County Highway District regarding their requirements. 22. That Steve Sweet, the project's engineer, testified that this entire 12 acre site includes a number of businesses in the FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Pace 8 Cherry Plaza including Albertson's and a bank in the store, and Pioneer Federal Credit Union; that the Applicant, Cherry Plaza Associates, has previously come before the City with a request for a resubdivision and the outcome of that process was that the a. h+; -e 12.6 Applicant agreed to provide a plat on the acre parcel and bring X in the 3.6 acres into the City; that following the resubdivision, Albertson's purchased Lot 2 and that Albertson's and Cherry Plaza Associates are Applicants in this subdivision; that the proposed site to be annexed is vacant; that north of the site is LaPlaya Manor, that the Five Mile Drain is a shared boundary and to the north and west is Horizon Day Care; that the Applicant will be asking for a variance in providing some compact [parking] spaces, a little bigger than 7.5 feet along Fairview behind a landscaping strip. 23. Mr. Beeson added that where proposed Lot 4 comes' back, or north, except for the frontage of where U.S. Bank was, is owned by the Applicant and there is a recorded easement; that when Albertson's remodeled they made a deal with U.S. Bank to add 18 parking spaces to the area north of where U. S. Bank stood but that the 18 stalls are not included in the 423 total spaces. 24. There was no.other testimony given. 25. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been followed. CONCLUSIONS FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 9 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicants' property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the City Planning and Zoning Commission has judged this annexation and zoning application under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City 'of Meridian have been complied with. 5. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the lane. within the proposed annexation i, contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been, initiated by the Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. FINDINGS OF PACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 10 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and Section I1-9-605 M., which pertains to the tiling of ditches and waterways. 10. That the Applicant has not stated or represented any specific development plans for the parcel. . 11. That, as a condition of annexation and the zoning of C -C, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address, among other things, the following: 1. Inclusion into the development of the requirements of 11- 9-605 a. Cr Pedestrian Walkways. b. G 1, Planting Strips. C. H, Public Sites and Open Spaces. d. R, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. 2. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City. 3. Addressing the subdivision access linkage, screening, buffering, transitional land uses, traffic study and recreation services. 4. An impact fee to help acquire a future school or park sites to serve the area. FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 11 5. An impact fee, or fees, for park, police, and fire services as determined by the city. a 6. Appropriate berming and landscaping. 7. Submission and approval of any required plats. B. Harmonizing and integrating the site improvements with any existing residential development. 9. The sewer and water requirements. 10. Traffic plans and access into aridout of the development. 11. And any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing -as required under the Meridian Comprehensive Plan, 12. That„Section 11-2-417 D of the Meridian Zoning Ordinance states in part as follows: "If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. . . .,,; that since the enactment of the above section, the City has found that it is difficult for the City and the Applicant to enter into a development agreement prior to annexation; that it is therefore concluded that a development agreement shall be entered into, dealing with the matters set forth in the preceding section prior to issuance of a building permit. 13. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian. 14. It is further concluded that the comments, recommendations and requirements of City of Meridian Departments, FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 12 the comments of Shari Stiles, Planning and Zoning Administrator, the comments of Bruce Freckleton, Assistant to the City Engineer,, and other -governmental agencies, will have to be met and complied with. 15. That the Applicant and all users of the property shall meet and comply with all of the Ordinances of the City of Meridian,. specifically including the water and sewer requirements, Fire Code, Fire and Life Safety Code, and the Uniform Building, Electrical, Mechanical, and Plumbing Codes. ¢xcct�itnq the C=,Y� M►� urn 16. That all ditches, canals, and waterways Ashall be tiled as x a condition of annexation and if not so tiled, the property shall be subject to de -annexation. 17. That proper and adequate access to the property is available and will have to be maintained. 18. That these conditions shall run with the land and bind the Applicant and its assigns. 19. With compliance of the conditions contained herein, the annexation and zoning of Community Business District (C -C), would be in best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Paae 13 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS / The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP VOTE COMMISSIONER OSLUND VOTEDG` COMMISSIONER SHEARER VOTED COMMISSIONER MacCOY VOTED !� CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to.the City Council of the City of Meridian that they approve the annexation and zoning requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the property be required to meet the comments of the Meridian Departments and the other governmental agencies. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 14 C ' GATE RP,` j � 3 utL 3 19°5 SHERRY R. HUBER, President QUADRANT CONSUS SUSAN S. EASTLAKE, Vice President JAMES E. BRUCE, Secretary December 20, 1996 TO: Christopher Beeson PO Box 2700 Boise ID 83702 FROM: Karen Gallagher, Coordinator Development Services Division M 9t - �4. 96 Ak" f-Az7hR &aO SUBJECT: Prel' inary Plat -FIRST STREET PLAZA MYS-96 Meridian and Fairview On December 18, 1996, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right -,of -way, the following shall be submitted and subject to review and approval'by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. C. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th • Boi ;e, Idaho 83714-6499 • Phone (208) 345-7680 Decerrib6r 20, 1996 Page 2-- --- 3. - 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights -of -Way Trust Find deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission if requested within 15 -days prior to the expiration date. Please contact me at 345-7680, should you have any questions. KG cc: Development Services Chron John Edney Chuck Rinaldi City of Meridian Quadrant Consulting/S Sweet ADA COUNTY HIGHWAY DISTRICT Development Services Division Development Application Report Preliminary Plat & Annexation - First Street Pla2a/MPP-14-96/MA-3-96 First Street Plaza is a 4 -lot commercial subdivision on 12.6 total acres. The applicant is also requesting annexation of 3.54 -acres with a change of zoning designation from RT to C -G. The site is located on the northeast corner of Fairview Avenue and Meridian Road. Assuming complete commercial development, the 3.54 -acre annexation parcel is estimated to generate 2,380 additional (8,820 total) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. However, the applicant is proposing no new development with this application. Roads impacted by this development: Fairview Avenue Meridian Road ACHD Commission Date - December 18, 1996 - 12:00 p.m. � � f o, Z S TE airmew he " L:LW E adwa TS VICINITY MAP - FIRST STREET PLAZA SUBDIVISION T.S. Z -- a yl i gggg��g, Z _ ITS � QVw I I r I l // 'PA, � / e• / ♦ / 1! / Of /ot % , I / Iatt / � / mel '�•• • / _[6vic�3_09.vL005_ _ =� �r / ♦♦ / .lX.l � lav _ 1 Y I� g � / I '+ti9f I,n �I S 1 C a � 8" ' / J 1 E ' �« ' lit SIN Of so �r Ia ` R R g I 1 � �^ - , ! I' � � I RCvrvTf !f♦.IP --'---.---.mss ♦ II I� I � `� �� _.1 r NO Y� U.60'61' u 4 L 3,►�.0►.t10N �p9t8� i z �/ • 1 I j s8�1 IRItR 18 W W !� ;R ,z t's,t R9'RK•CR1 t !!I!!0I�IRA!! IlIRR a81!! RRRR kit `c!' ! RI- ki�pAA`X918;Witt ., i x ate fI R i :y al1R. ijll[ �iigi �l B$'YR44@plga'ii��plA! i i a a : 1 1-� �• laV I I 1 'i somovrr I I -' 1 { 9k �1!: eve w T' ,SL Tit �.9r:9aoo+i* 99'6►C At.10.9a JCN � o �- .- - _ Jif .Ol]S 117/r•C 4- p! Z; _ _ €SL� O—rOM NtO-3lFRL—ON 7rneul.n� I L) !/4/Y fZv _�� M ,M o Z w. . . . . . . . . . oN^ „ . . a I .Nn NOLL03S S.19.00S — — v, Q 3Nrl&3.LN39 LrvOb NI 1NIOd 379MY UvOg MVICII91YA Facts and Findings: A. General Information Owner - Cherry Plaza Associates, LLC Applicant - Christopher J. Beeson RT -Existing zoning C -C - Requested zoning 12.60 - Acres total, including the 3.54 -acres requested for annexation 4 - Commercial lots n/a - Square feet of existing building 264 - Traffic Analysis Zone (TAZ) West Ada County - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Fairview Avenue Principal arterial with bike route designation Traffic count 18,966 on 6/16/93 650 -feet of frontage 80 to 100 -feet existing right-of-way (40 -feet north of section line) 95 -feet required right-of-way for an additional lane (53 -feet north of section line) Fairview Avenue is improved with five lanes with curb, gutter and sidewalk. Meridian Road Minor arterial with bike lane designation Traffic count 13,655 on 9/20/93 585 -feet of frontage 50 to 80 -feet existing right-of-way (40 -feet east of section line for approximately 60 -feet at Fairview Avenue, tapering to 36 -feet at the north boundary of the site) 90 -feet required right-of-way for a 5 -lane constrained corridor (45 -feet from centerline) Meridian Road is improved with five lanes with curb at the intersection, gutter and sidewalk tapering to three lanes at the north boundary of this site. The centerline of Meridian Road is currently offset approximately 15 -feet to the west of the section line abutting the majority of the site. B. The existing commercial development does not meet Meridian's required amount of parking spaces. Staff is recommending that additional right-of-way be dedicated on Fairview Avenue, which may eliminate parking spaces when the streets are widened in the future. The City of Meridian is requiring the applicant to provide landscaping as a condition of the subdivision approval. There will be no additional trips generated as a result of the approval of this application. FIRSTSTR. WPD Page 2 C. Eventually, additional right-of-way will be required on Fairview Avenue between E. 1st Street and -Meridian Road for an additional lane to -accommodate the traffic that will be - diverted from southbound E. 1st Street when'a couplet is implemented in Meridian. If the right-of-way for that additional lane is acquired at this time, alld the City requires the amount of landscaping that staff understands they will, the site may lose a row of parking. The site does not have sufficient parking now, according to the applicant. If the right-of-way is not acquired at this time, then the District will have to acquire it in the futureaf= it has been encumbered with landscaping and the parking lot has been redesigned to accept the landscaping. The cost will be greater to both the District and the site owner at that time. Staff is recommending that the minimum acceptable amount of additional right-of-way (12 - feet) be dedicated at this time because: ' 1. The cost to the public will be less if the right-of-way is acquired now, and it will not be necessary to relocate/remove landscaping. 2. The applicant can rely on the shape and dimensions of the parking lot remaining constant. 3. Until the streets are widened, parking spaces in the new right-of-way could continue to be used through a license agreement with the District. 4. The required landscaping could be located outside of the new right-of-way, and would not have to be relocated when the streets are widened. D. The Meridian Road frontage is entirely improved from a project the District constructed in 1992, although it may have to be widened in the future. Staff is recommending that a constrained corridor width on Meridian Road be used due to the location of a below grade docking ramp for the Albertson's store on the west side of the building that would be very expensive to relocate. The near corner of the docking ramp is 8 to 10 -feet from the current right-of-way_ line. The parcel at the northwest corner of Meridian Road and Fairview Avenue is currently undeveloped and the current centerline is offset 15 -feet west of section line in this area. In view of the complicating factors and the unknown timing of any expansion of Meridian Road, staff recommends that no additional right-of-way be acquired along Meridian Road abutting the subject site at this time. If right-of-way and roadway widening is required in the future, the ramp can be acquired and/or relocated at that time, or the roadway can be shifted further to the west to avoid this major expense. E. There are five existing driveways to the site - three on Meridian Road and two on Fairview Avenue. Two of the driveways closest to the Meridian Road/Fairview Avenue intersection do not meet District policy, which requires 220 -foot of separation from the nearest cross street. F. The driveway on Meridian Road located 154 -feet north of the Fairview Avenue/Meridian Road intersection does not meet District's requirements. Staff recommends a variance to allow the use of the existing driveway, provided its use is restricted to right turns only. Because the driveway, was allowed and constructed by the District as a part of the 1992 FIRSTSTR.WPD Page 3 improvement, and because there is no land use change or additional traffic to be generated as a result of this -application, the District should construct a 6 -inch raised median in Meridian Road from the Fairview Avenue/Meridian Road intersection to a point 50 -feet beyond the northern edge of the driveway to ensure the control of the driveway to right -turns only. The cost of this median is estimated at $1,900. G. There is a driveway on Fairview Avenue, located 157 -feet east of Meridian Road. This driveway does not meet District's requirements. Staff recommends a variance to allow the use of this existing driveway provided its use is restricted to right turns only. Because the applicant recently constructed extensive improvements to Fairview Avenue allowing the subject driveway, staff recommends that the`District construct a 6 -inch raised median in the center of Fairview Avenue, from the Meridian Road stop bar to the western end of the existing median to prohibit left turns. The cost of this median is estimated at $1,600. H. 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 (if not previously provided) and all internal lots 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. District policy requires the applicant to construct a .pedestrian ramp at the northeast corner of Fairview Avenue and Meridian Road. Because the application does not propose a change of land use or any additional traffic, and because the applicant and the District separately recently constructed extensive improvements to Fairview Avenue and Meridian Road, using ADA standards in effect at the time, staff recommends that the ramps in place be allowed to remain until the District sponsors a project to improve Fairview Avenue. There is a sub -standard pedestrian ramp located at the northwest corner of Fairview Avenue and E. 1st Street (on the west site of the signalized entrance to the mall area) that is in conflict with an existing utility pole and utility box. Because the application does not ' propose a change of land use or any additional traffic, and because the applicant and the District separately recently constructed extensive improvements to Fairview Avenue and Meridian Road, using ADA standards in effect at the time, staff recommends that the ramps in place be allowed to remain until the District sponsors a project to improve Fairview Avenue. K. There is a curb cut driveway on Meridian Road. located approximately 554 -feet north of Fairview Avenue. It would speed the flow of traffic out of Meridian Road into the site and improve safety if the applicant would replace the curb cut driveway on Meridian Road with a 30 -foot wide curb return driveway with 15 -foot curb radii. Because there is no change of land use nor increased traffic proposed with this application, staff recommends that the applicant = be required to reconstruct this driveway at this time. FIRSTSTR.WPD Page 4 L. The curb return driveway on Meridian Road, located 354 -feet north of Fairview Avenue, meets District policy -.- M olicy M. ACHD's Park & Ride Division staff have indicated the need for a park and ride location at the applicant's site. The District requests that applicant grant the District an easement for a 10 to 12 -space Park & Ride area at this site. Coordinate the location with District Ride Share staff (345 -POOL). N. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. O. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following requirements are provided as conditions for approval: Special Requests of the Applicant: 1. The applicant has indicated that parking at this site is limited. District Rideshare staff has indicated a flexibility in the location of the easement (i.e., behind the building in the vacant lot) for a park and ride site. The District would be very appreciative if the applicant granted the District an easement for a 10 to 12 -space Park & Ride area. Coordinate the location with District Ride Share (345 -POOL). 2. Reconstruct the existing driveway on Meridian Road located 554 -feet north of Fairview Avenue to a curb return driveway with 15 -foot curb radii. Site Specific Requirements: 1. Dedicate 52 -feet of right-of-way north of the section line of Fairview Avenue abutting the parcel (12 additional feet) 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. The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. If the owner wishes to be paid,for the additional right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground; in accordance with Section 15 of ACHD Ordinance #188. 2. Provide a recorded cross access easement for the parcel to the east (if not previously provided) and all internal lots 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 and the internal lots if they are the subject of a future, development application. FIRSTSTR. WPD Page 5 3. Restrict the curb return driveway on Meridian Road, located approximately 154 -feet north of — - - Fairview--Avenue,—to right turns only. Coordinate appropriate on-site signage with District Staff. The District will construct a median in Meridian Road to prevent left -turns into,and out of the driveway at the time that it is warranted, as determined by District staff. 4. Restrict the driveway on Fairview Avenue located approximately 157 -feet east of Meridian Road to right turns only with appropriate signage. Coordinate appropriate on-site signage with District staff. The District will construct a median in Fairview Avenue to prevent left - turns into and out of the driveway at the time that it is warranted, as determined by District staff. 5. The curb return driveway on Meridian Road, located 354 -feet north of Fairview Avenue, and the curb return driveway located at the intersection of E. 1st Street and Fairview Avenue are approved' as shown. 6. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Development Services. Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. Thew it tten rgugst 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 report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. FIRSTSTR. WPD Page 6 3. Payment of applicable road impact fees are required prior to building construction in accordance -with Ordinance 11881 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 ACHD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, priorto 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 th6 Ada County Highway District. 8:` Any°change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules; regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/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. 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 Development Services Division at 345-7662. Development Services Staff FIRSTSTR. WPD Pale 7 AUG 27 '96 14:33 LINKLETTER DEV AZ Weiner To: Fiom-. Bernie rlwto —r- 7Fiorw. rom Phone. -8790 hone. -(602) 912 Jr." Fax )hone:,, (602) 91_2-8791 Fax hone�],Q CC: �6 - S�Jnjc AUG 27-'96 15:29 602 874 0880 PAGE. 01 I P. From: Bernie Weiner To: to \ - T Phone: 602 912-8790 Phone_ gar hone. 6021 912-8791 Fax hone: CC: b ❑ Reply ASAPplease commtnt UriPIN' For your review AUG 27 '96 16:02 602 8?4 0880 PAGE.01 RUG 27 '96 15:07 LINKLETTER DEV RZ P:2/8' �• x INTRODUCTION Linkletter , Development, a California General Partnership, was formed in 1988 to develop neighborhood retail shopping centers. Our projects are family oriented in that they often include day care/child care in addition to retail ' shops. This combination of day-care and retail'has been extremely successful in the centers we have completed. We a quality developer with the experience`and personnel to deliver projects on time and within budget. Our goalis tenant satisfaction, which enables us to attract and keep the best'tenant mix for each project. It also enables us to expand these tenants into new developments. Because we know the requirements of these key tenants we are able to , pre -lease in a timely manner and this enables us to close on land purchases on time. We are very focused on the type of projects we develop and therefor do not promise more than we can deliver. As it is with all developments, coordination with all outside entities involved with each' development is the key to project completion. We have put together a team of lenders, architects, contractors and brokers that have long term experience with the type of projects we develop. These additional members of our team are extremely important to us. Our philosophy is" to. give them a goal, make them part of our team and to compensate them well. Because we area merchant builder, the goal of our financial partners and ourselves is to build quality projects and to sell them to experienced owners upon completion. This forces us to keep the requirements of these buyers foremost in our development plan. Every detail from tenant leases to build out must satisfy the back end purchaser. We welcome all proposals and will respond in a timely manner. Our goal is to build relationships that we can work with now and in the future. AUG 27 '96 16:02 602 874 0880 PAGE.02 ^t. AUG 27 '96 15=07 LINKLETTER DEV AZ ORGANIZATION STRUCTURE P.3/8 Linkletter Development is a California General Partnership. The three general partners are Linkletter Enterprises, Bernard Weiner and Jack Jenkins. Linkletter Enterprises,'a general partnership, is made up of television personalities Art and Jack Linkletter and has been in real estate development for more than twenty (20) years. They have specific development experience in industrial, office and self storage properties as well as retail shopping centers.- The partnership brings to each project extensive development experience along with the ability to get projects financed. Bernard Weiner has been involved in real estate for over seventeen (17) years specializing in industrial and retail properties. As a developer, Mr. Weiner is experienced in every aspect of development including site selection, financing, construction, leasing and sales. Mr. Weiner is involved in,the day to day development of the retail shopping center projects. Jack Jenkins has been with Linkletter Enterprises since 1973 in the capacitor of financial" and administrative Vice President. He has been responsible for the complete internal control of all development projects and has been involved in the development, of over $150 million worth of real estate. Jeff Robertson has been in the real estate industry, for over eight.(8) years specializing in the leasing and selling of retail 3shopping centers. He is responsible for all leasing and' the sale of all projects. AUG 2? '96 16:03 602 874 0880 PAGE.03 AUG 27 '96 15=081LIWLETTER DEV AZ P.4 8 t + a ART, LINKLETTER s Art has been a star in show business for more than sixty years. His best known shows have established records for longevity. PEOPLE -ARE FUNNY ran on NBC -1W and Radio for nineteen (19) years and was rated in the Top ten 10 for more than eleven (11) years. HOUSE PARTY ran on CBS -TV and Radio for twenty-five (25) years:'and was one of the top daytime shows from its first broadcast in 1945. It won EMMY Awards, as well as numerous other nominations and awards. in addition, Art has starred in and co,-, produced many spectaculars and specials, as well as acting in half a dozen dramatic shows and several motion pictures. He is on the Board of Directors for many, companies and foundations. Mr. LinMetter is recognized as a businessman as well. -As Chairman of the Board of Linkletter Enterprises he has developed and managed"�self-storage facilities, office buildings, industrial buildings and retail shopping centers. Recent real estate developments include industrial buildings in Phoenix, residential' land development in Paradise Valley, Arizona, airport land development in Deer Valley, Arizona office buildings in San Jose, residential development in San Diego, condominiums in Utah and Texas, land development in Las Vegas, Nevada and retail shopping centers in Arizona and California. rc He has been on the Board of Directors for MGM'and Western Airlines, Business -Advisor: with the Disney Companies, R.C. Colli, Whaindio and Milton Bradley. Mr. Linkletter was an investor and advisor to the late Bill Lear of Lear Jet. Over a 30 -year period, Linkletter Oil' Enterprises has drilled for oil and gas iri Argentina, Peru, Venezuela and all.parts of the -United States frorn the Gulf Coast to California. The corporation has recently been involved in Canadian drilling and Alaskan exploration. s F v 3 n s. AUG 27 196 16:03 602 874 0880 PAGE.04 ` RUG 27 '96 1508 LINKLETTER DEV RZ JACK LINKLETTER Jack Linkletter has achieved success in two dilTerentvcareers. For twenty five (25) years he starred in seven (7) different network television. series. Jack is now president of Linkletter Enterprises, owner/builder of commercial and industrial real estate projects. - Civically, Mr. Linkletter has served as the President of the Board of Trustees of the Laguna Beach Museum of Art, a Presidential Appointment to the National Council of the U.S.O. a governor of . Phi Beta Kappa, and International President of the ,Young Presidents' Organization. Jaek'speaks to business groups on investment management, salesmanship, and management,of change. Mr. Linkletter broke into show business while traveling with his father on road shows. At age 15, he had an hour-long disc: jockey audience participation program on CBS Radio. At,age 16, he hosted "Under,21", a teenage variety show for the CBS Regional Radio Network. Between high school and college, Jack lived in Munich, Germany and worked for Radio Free Europe. Jack graduated.from USC in 1959 with both a B.A. degree and a Phi Beta Kappa Key. While attending the University of Southern California, he took over his father's "House Party" television show on Art's vacations. During college, he emceed -NBC -TV's "Haggis Baggis" nighttime game show and CBS -TV's revolutionary "On the Go", a five -day -a -week remote show which became the first completely mobile TV series in network history. He starred in NBC's "America Alive", a daily magazine formatted human interest program that featured live satellite interviews all over the country. Jack also becarne CBS's "Mr. Special Events", hosting World's Fair opening, the Oscar Awards, Miss U.S.A. and other special events. AUG 27 '96 16:04 602 974 0980 PAGE.05 RUG Z7 '96 15=09 LINKLETTER DEV RZ BERNARD M. W EMR P.6/8 Bernie began his commercial real estate career in 1977. For ten years he was a consistent top producing real estate broker with the Daum Corporation and Ilif£ Thorn and Company. He has represented General American Life, Cal Mat Industries, Safell McAdams, J.W. Mitchell Company and Linkletter Properties in the purchase, lease and sale of their properties. His development'career began in 1987 with a small retail and child care facility in Lake Elsinore, California. That project was pfe-leased, built and sold within a year. He then joined Linkletter Enterprises, a former client, to become.the managing General Partner of their development company. During his tenure, Linkletter has developed` twelve retail centers in Arizona, California and Idaho. Over the years, Bernie has built projects with Albertson's, Smith's Grocery Stores, Smitty's Super Markets, KinderCare, Peter Piper Pizza, J. Burton 'Jewelers, Sears Optical, Subway, Great Clips, Godfather's Pizza, Cost Cutters Hair, Farmers Insurance, Ultra Cleaners, Domino's Pizza, Comet Cleaner, Hi Health and Family Bargain Centers. He has also built financing relationships with Standard Life Insurance, General American Life, Farm Bureau Life, Illinois Mutual Life, Bank One, Zioni National Bank and Bank of Hawaii. Bernie and his wife Theresa, reside in Paradise Valley, Arizona, AUG 27 '96 16:05 602 874 0880 PAGE.06 RUG E7 '96 15:10 LINKLETTER DEV RZ .The Idaho P. 7/8 us.iness "evieau� Vol.°XV, Issue 33 Published Weekly $1.50 on newsstands June 17; 1996 Near new Nampa, Meridian stares -' �• Alb rtso' 's- plazas attract tenants OR -Staff Report, shop (1,040 square feet): Video way and Cost Cptcers:(1,300_and_ "-°-- .° Land (5,500` square feet); Cost 1,200 square feet, respectively); Soon -to -be -built retail. plazas Cutters Hair (1,360 square feet); ` Little Caesaes Pizza (1,400 square next to Albertson's grocery store coffee shop Moxic Java (1,040 feet); and Mailboxes Etc. (1,100 locations in Nampa and Meridian: square feet); and Mailboxes Etc. square feet), he said. Still avail - already have attracted tenants in- ((1,276 square feet). able is a 1,000 -square -foot space. eluding restaurants and service businesses, a spokesman' for the . "We feel the "We feel the leasing has been very good, a good blend of quality developer said. leasing has been tenants with multiple locations Linkictier Development plans to start construction of a 16,776- very good, a good around the valley—very good op - eratbrs," Weiner said. square foot rctail plaza at Nampa's blend of quality Linklettcr Development is a Twelfth Avenue and Greenhurst ca tenants. partnership of television personal - Road, approximately July 15, icy Art Unklctter, his son Jack ,-managing general' partner Bernie —Bernie Weiner, Linkletter, and Weiner. Its offices Weiner said. At Ten Mile Road managing partner are at Irvine, Calif., and Scotts - and Cherry Lane in Meridian, a dale, Ariz. 6,000 -square -foot plaza is to be For the remaining space in the The previously announced re- built starting in September. approximately $2.1 million tall plazas were designed by archi- Businesses planning to move Nampa plaza, negotiations are in tecc Dexter. Ivcs_,of Phoenix and_.. _.._. into the -Nam a- `l"aza;"he said,-- P P progress with Global Travel on will be built by Sahara Construe- include a Godfather's Pizzu restau- 1,360 square feet, and with husi- tion of Bountiful. Utah. rant which will occupy a separate, nesses such as photo and flower Completion is expected ap- 5,000-sq uare- foot building; a shops for other spaces, Weiner proximately Nov.' t at Nampa, Subway sandwich shop (taking said."and Jan. 1 at Meridian, Weiner 1,300 square feet in the main At the Meridian plaza, the dc,- . said. Cost of the Meridian project plaza); an ice cream and yogurt veloper is negotiating with Sub- is an estimated $750,000. AUG 27`96 16:05602 874 0880. PAGE.07 RUG 27 '96 15:10 LINKLETTER DEV RZ P.8/8 Idaho Business Review • Oct. 2,1995 Art Linkletter group to develop Albertson's sites By Steven Anderson The Idaho 8us6less Review '• 'We're so impressed p essed with Boise. There's veloped retail shops in conjunc- no graffiti and there's not much traffic., tion with Albertson's in Arizona. Arizona. A company in rt Lin Teter is a --Bernard Weiner We have a relationship with Al- bertson's ... they provide ex- partner plans to develop retail shops in conjunction with an Al- will include a West One Bank branch, is scheduled for,.opening Pad tenants may include a ser- station tremely strong anchors:' he said. Weiner said the Linkletter bertson's supermarket under con- in in mid-November, said Torn vice and a sit-down restau- rant, said Bernard Weiner, manag- . group also was "looking at" de- veloping retail space in struction Nampa. Linkletter Development, LP, Thoreson, an agent in the super- market chain's real" estate ing partner in Linkletter. LP. Other partners are Art Linkletter planned Albertson's -anchored centers at 'roads of Irvine, Calif., will develop. about 12,000 square feet of shops, division, Spokesmen and a son, Jack Linkletter. McMillan and Eagle in Boise (11,000 square feet) and Ten plus two pads, adjacent to a 51,000 for Linkletter LP said tenants likely would includea The Linkletter group has the .property "under contract" with Al- Mile Road and Cherry Lane in Meridian (6,000 square feet). -square -foot Albertson's store being built at 12th Avenue video chain, a submarine- sandwich franchise, a travel bertson's, he said. Construction •- bids probably will be sought early ' Thoreson confirmed that Lin - "expressed and Greenhurst roads, on the south side of Nampa.espresso agency, an "herbalist," an next year, and store openings are kletter had an interest" . in the two centers, announced The Albertson's store, which shop and possibly a quick -care medical center, r planned for June 1996. 2 Linkletter LP previously de- with sevsral others last year. No See LINICLETTER, Page 19A Linkletter Continued from Page IA tinetabie has been set for the Meridian project, he said, but the McMillan/Eagle complex is tar- geted for a February 1997 open- ing, and might be built sooner. Weiner, speaking from a Lin- kletter office in Scottsdale, Ariz., said the firm previously had con- centrated on southern California and Arizona, but was looking to move into growth areas with more congenial trends. "We're so impressed with Boise;' he said. "There's no graf- fitti and there's not that much traffic ... there are major employers ... we're very excited about building in Boise." He confirmed that a daughter of Art Linkletter, who was not iden- tified because of privacy concerns, lives in McCall, and that An and Jack Linkletter often ski in Sun Vallcy--but said those Idaho con- nections were not the reasons the company decided to enter the Boise market. "We're looking for quality of lifestyle," he said. According to Weiner, the se- nior Linkletter--whose Art .Cin- kletrer,Show drew national audi- ences of millions in the 1950s and '60s—is spry and active at 83. "He's going strong ... he skis about 28 days a year, and he stili works every day," Weiner said. "He's really an interesting person- ality." Thoreson said Albertson's had everything it needed for the McMillan/Eagle project except a building permit. The site, at the southeast quadrant of the intersec- tion, is across McMillan from Lowell Scott Middle School. Last month, the Meridian School District voiced concerns about beer and tobacco sales near schools. The district cited a pro- posed Smith's Food & Drug Cen- ter at Cloverdale and McMillan roads, across from Centennial High School, and the Albertson's center at Eagle Road, Thoreson said, however, that the school district did not attend a neighborhood meeting about the Albertson's site, held about a year ago at Lowell Scott. "If they had a viable concern, I would think they would have been there," he 'said --adding that "probably 80 percent of the schools in this community have something across the street that could sell tobacco or alcohol." Albertson's also plans new stores in Eagle, off Eagle Road south: of ,State Street; and near Federal Wav at!d Gowen Road, AUG 27 '96 16:06 602 874 0880 PAGE.08 SEP -27-1996 09:37 QURDRRNT CONSULTING, INC. 208 33!42 0092 P.01i02 00 Quadrant Consulting, Inc. To: Shari Stiles, Planning Director/Zoning Administrator Date: Sepiember 27, 1996 City of Meridian Project Number: 132-02 33 East Idaho .Project Name:;wFirst,StreefPlazi` Meridian, Idaho 83642 Regarding: Nampa & Meridian Irrigation District Fax Number: (208) 887-4813 PLEASE NOTIFY US IMMEDIATELY AT (208) 342-0091 IF THERE ARE ANY PROBLEMS RECEIVING THIS TRANSMISSION We Are Sending These Are Transmitted: Copied To: Attached For Your Info/File Brad Beckstrom 342-3829 X- Facsimile As Requested Chris Beeson 388-1201 2 Number of Pages For Review and Comment Other Other y Copies Description 1 Letter from John Anderson Nampa & Meridian Irrigation District s Signed: Steve Sweet, PE - 405 S. 81h Street, Ste. 295 • Boise, ID 83702 • Phone 6208) 342-91 •Fax (208) 342-0092 •Internet: quadrant®miCron.net 00 Clvll Engineering • Surveying • Construction Monogement' SEP 27 '96 09:33 208 342 0092 PAGE.01 SEP -27-1996 09 38 QUADRANT CONSULTINGi INC. 206 342 0092 P.02i02 a Vaftzee 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395 FAX 0 208-888.6201 Phones: Areo Code 208 20 September 199Boise 6 OFFICE; 466-7861 Boise 343.1884 SHOP! Nompo 466.0663 Chuck Christensen, P.E. Wse 345.2431 QarInc. 405 S. 8th Street, Ste. 295 Boise, ID 83702 RF: Flrst;Street I laza Dear Mr. Christensen: I received a letter' from you dated 18 September' 1996 in regard to the above mentioned project. Since there will be no new construction nor any additional' drainage generated b y this property being subdivided, / do not fee/ that Nampa & Meridian -irrigation District will requite a review not do we have any comment as I do not feel it is necessary. Please feel free to contact me if you feel,, further discussion is required. Sincerely, i(Ijohn P. Anderson, Water Superintendent NAW,A & mEP.ID,AAt IP.R:CATION DISTRICT k JPA: d1n PC: File Each Director Secretary- Treasurer Asst. Secrerary-Treasurer Asst. Water Superintendent Ride 4 - Lairy Gillmore zG— SEP 27 '96 09:34 DATE REGE 4V 3 o UADPAN]T GOO%SU!LTING ­. - APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS •23,000 BOISE PROJECT RtGHTS - 40,000 TOTAL P.02 { 4208 342 0092 PAGE.02 OCT -16-1996 11 15 ■■ M■ Quadrant ConsuIti-ng,'Inc. October 16, 1996 Mr. David Szplett, impact Fee Coordinator Development,Services Division Ada Count Highway District 318 E 37th Boise, ID 83714, Re: Fifst'Sticet•P1aza Plat Dear Dave: The purpose of this note is to request that the hearing of the Preliminary/Final Plat for First Street Plaza is taken off of this week's agenda. The applicants have entered into this platting process merely as a follow-up to a previous lot split in Ada County. The facts are that 1) First Street Plaza is an existing site -constrained development with no new improvements contemplated within the existing public right-of-way and 2) Over the last years the applicants have cooperated fully with the District in providing right-of-way dedications and street improvements in the vicinity, For the record, the 120,000+ square feet of site retail space is served by only 413 car parks. Surplus ground to dedicate or share for public right-of-way practically does not exist on the site. Also, the applicants' previous cooperation with the District has included three right-of-way conveyances and a major renovation in 1995 to the First Street/Fairview Avenue signal. As a part of the earlier discussions with the City of Meridian, the applicants have already agreed to rework the site circulation and add a meaningful amount of landscaping to the site. When taken in the context of prior contributions, the applicants believe that these newly offered improvements, along with the requests associated with the ACHD's conditions for the site, are beyond a normal hardship for the existing site. Therefore, the applicant desires attempt to reach a more reasonable set of conditions with ACRD staff prior to further pursuing this matter before the Commission. We look forward to discussing this matter with Staff prior to proceeding further with the Preliminary( .Final Plat. Sincerely, QUADRANT CONSULTING, INC. Stephen H. Sweet, PE Principal cc: Shari Stiles, City of Meridian 405 S. 8th Street, Ste. 295 • 8olse. ID 83702 - Phone (208) 342-0091 • Fax (208) 342-0092 Internet; quadrontamlcron.net Civil Engineering . , Surveying • Con0ructlon Monagement' TOTAL P.01 OCT 16 '96 11:11 208 342 0092 PAGE.01 OCT -25=1996 10.46 A `October 25, 1996 QURDRRNT CONSULTING, INC Mr. LarrySale, Development Services Supervisor Development Services Division ` Ada Count' Highway Distract 318'_E 37th Z6ise; 113- 13714 . Re: Request for Modification of Conditions First Street Plaza Plat/MPP-14-96 Dear Lahy: 208 342 8092 P.01/04 ■■ Quadrant Consultinb,rinc, _ A_e The purpose'of this letter is°a regtiest fol modifidation of conditions proposed for Ada County Highway District Commission action on the First` Street Plaza Plat. The applicants believe' the rm '� "posrtion of the proposed`Siie Specific Requirements�will result'in a real hardship and`inequify. Therefore, the applicants°desire to reach' a more reasonable set of conditions, in order for'this;plat to' proceed. This letter firstdiscusses a number of factors which differentiate this site `from a "normal" plat and, secondly, 'Specific Site Requirements' are challenged for a number of reasons. Differentiating Factors'" Ori Marclf 5, 41996, the Meridian City,Council heard an application by Cherty'Plaza: Associates for a Re;Subdivision_ 'lie reqtiest was made seeking approval for splitting of the existing Cherry Plaza parcel into two separate lots, per the Meridian Subdivision and Development Ordinance, Section 9- 604A'. During the application hearing, Councilman Morrow moved (with a second by Councilman Bentley) "that we offer an endorsement of the lot split as per the., configuration and that lot split, ccur with the County` and then application be made by the parties for the normal subdivision; and annexation process with the City of Meridian." The applicants (Cherry Plaza Associates and Albertson's, Inc_) have since voluntarily entered into an annexation, Toning and platting process with the City of Meridian., , Through'the current process, ;the intention of the appficants is to maintain the existing uses at the present shopping center site. The applicants wilt accept -only minor modifications and intend to avoid any undue hardship for,uses'which were commenced prior to the adoption of current policies and/or ordinances. Acceptable modifications for the applicants include adding some site landscaping and making improvements to the site traffic circulation. However, both of these modifications will only be acceptable, if the site parking,can be maintained at the same.number of car parking stalls and at a reasonable expense. Further, the applicants intend to continue with this process only as long as the cumulative conditions of approval do`not create any real hardship or inequity:, In the applicants' opinion, a number of Site Specific Requirements, as recommended by District Staff and in addition to the; City of Meridian's conditions of approval, constitute a real hardship and inequity. Too great a financial burden for an existing use will adversely, impact concluding the current application. _ a 405 S. 8th Street, Ste. 295 • Boise, ID 83702 . Phone (208) 342-0091 . Fax (208) 342-0092 . Internet; quadrant®micron.net Civil Engineering • Surveying . Construction Management OCT 25 '96 10:42 208 342 0092 RAGE.01 OCT -25-1996 10:47 Mr. Larry Dale October 25, 1996 Page 2 QURDRRNT CONSULTING, INC. 206 342 0092 P.02/04 iNQC In earlier discussions with the City of Meridian concerning the plat application, the applicants have agreed to add a meaningful amount of landscaping to the site and rework the site circulation. Both of these items add significant costs to the overall process. When taken in the context of prior contributions, the applicants believe that these newly offered improvements, along'with the requests associated with the ACHD's Site Specific Requirements are beyond a normal hardship, particularly for an existing use. r Facts to bear in mind during the review of this request for reconsideration include three major items., The first is that First Street Plaza is an existing site -constrained development with no new improvements planned. As the site was developed over the previous years, all rules, regulations, ordinances plans or other regulatory` _and legal restrictions in force at the time of development were met. The current application is not a change of use in the property. Cherry Plaza. Shopping Center is an on-going use, whereby the public welfare and interests of the `District have already been protected during previous permit applications and regulatory processes in place at the time of the improvements. Second, over the.last few years the applicants have cooperated fully with the District in providing right-of-way dedications and street improvements in the vicinity. The site owners previous cooperation with the District has included two right-of-way conveyances as needed to widen both Fairview Avenue and Meridian Road. Also, at no cost to the District, in 1995, a major renovation to the First Street/Fairview Avenue intersection was voluntarily completed by one of the applicants, under the full review and approval of District Staff. 1n 1991, improvements were made by the ACHD to Meridian Road immediately west of the site. Right-of-way was acquired, sidewalk, pedestrian ramps, curb cuts, and curb returns were constructed by the District. Presumably, at the time of construction, these improvements met current standards. Prior to and following these -improvements', the use of the site has remained as a community ,shopping center. This First Street/Fairview Avenue intersection renovation program included consolidating existing site access points into a new signalized leg at the intersection. Two curb cuts were replaced by one, sidewalk and handicap ramps.were added, an existing Fairview Avenue traffic island was replaced with a new left turn lane and a raised median curb, conduit and traffic loops were installed, and a ,new signal arm was added to the intersection. For the record, the entire design was subject to'review and approval of District staff prior to construction. Also, for the record the change order cost to one of the current applicants for this intersection improvement was $92,565 (copy attached), plus design fees. Again, the public welfare and interests of the District were protected; this time at no out-of- pocket costs to the District. Finally, the 121,783 square foot retail site is served by only 413 car parks, a figure which includes all the spaces behind the center and out of the main path of travel. As noted in a draft District Staff report, current on-site parking is less than current City requirements. Short of exacerbating the current under -parked site condition through the release of existing parking areas for public right-of- way, ight-ofway, surplus ground to dedicate or share for public right-of-way simply is not available on the site. OCT 25 '96 10=43 2oe 342 0092 PAGE.02 OCT -25-1996 10.47 ivit. L..Glly oai,_ October 25, 1996 Page 3 QURDRRNT CONSULTING, INC." 208 3420092 P.03iO4 iiQC Site a Specific Requirements The following represents the applicants' position on the Site Specific Requirements included in the District's staff report for the subject site. 1. Fairview Avenue Right -of -Way The applicants are proposing no change of use to the site. Also, the applicants are unaware of any current pians to improve this segment of adjacent street. Therefore, .the applicants request this item is deleted until either a land use change street., proposed or definitive improvement plans are produced by the,District. At such time as a project is finalized and the right-of-way acquisition process begins, the applicants will entertain discussions with the District, for the acquisition of the necessary property. Until actual needs are identif ed, the applicants prefer to continue providing site parking ,in this area and, where possible, landscape certain portions in order to meet the: City's conditions -of approval. ;< 2. Meridian Road Ri hof -Way See No. 1 above. Also, Staff has acknowledged that relocation of the trick well will be a significant task. Any relocation would impact external site traffic circulation as well as internal store circulation_ A truck well relocation will certainly result in a significant cost to parties involved: 3. Cross Access Agreement The recent sale of the shopping center resulted in a cross -use easement being recorded across the site. A copy will be provided to Staff,prior to execution of the plat by the Commission. 4. Ped Ramp - NE CQ=r Fairview/lVferidian i The existing ramp was constructed by the ACHD in 1991 as a part of the Meridian Road Improvements. Presumably, the ramp constructed under this project met the codes applicable at the time of construction and a new ramp is not rnecessary. This item is requested to be deleted. 5. ped Ramp - NW Comer Eairview/Fimt- The existing ramp was constructed by one of the applicants in 1995 under the intersection up -grade project. This project received the full review of District staff at the time and was acceptable then. Presumably, the ramp constructed under this project met the codes applicable at the time of construction and a new ramp is not necessary. This item is also requested to be deleted. 6. Meridian Road Curb -Cut —554 Ft N of Fairview The existing curb cut was constructed by the ACHD in 1991 as a part of the Meridian Road Improvements. Presumably, the curb cut constructed under this project met the codes applicable at the time of construction and a new curb cut is not necessary. This item is also requested to be deleted. 7. Meridian Road Curb Cut - 154 Ft N of Fairview See No_ 6 above. 8. Fairview Curb Cut - 157 Ft F pf Meridian This is an existing curb cut that was allowed during the Fairview/First intersection improvement renovation project of 1995. Discussions took place with ACRD staff regarding restricting the movement to right turn only. The conclusion then was that until a new design was completed for Fairview improvements, the access point could remain as a full movement point. The applicants request the District to continue to honor this conclusion and delete this requirement. c-.\IPRoxc,r..I 32'02W 163AFm LW"PD I OCT 25 '96 10:43 208 342 0092 PAGE.03 OCT -25-1996 10.48 QUADRANT CONSULTING+ INC. 208 342 0092 P.04/04 �..� .. , .?.,.-... October 25, 1996 Page 4 r btC 9. Meridian Road Curb Cut - 354 Ft N of Fairview OK 10. Fairview Median Curb 'Presumably, this is not necessary and deletion is requested. See No. 8 above. 11. Meridian Median Curb Presumably, this is not necessary and deletion is requested. See No. 7 above.... 12. Future Access Restrictions The access. points that have been granted and/or agreed to previously for the site are acceptable to the applicants. Currently, no change of use is proposed for the site and the applicants are not requesting anything more than what has served the site over the years. Therefore, the applicants request that' this condition. is either deleted or changed to specifically state that existing access points'are acceptable as is. The applicants understand that any change in use could result.in a future modification to this requirement. In conclusion, the applicants intend to continue current uses on the existing Cherry Plaza Shopping Center. Over the years improvements have been made to the site, and theses improvements have met all rules, regulations, ordinances plans or other 'regulatory and legal restrictions in force at the time of development. The current application is not a change of use in the property and no change of use is being requested. The applicants respectfully`requests that the District honor previous approvals and improvements constructed under policies in force at the time of improvement. The applicants " further request that conditions of approval are modified as noted above. Sincerely, QUADRANT CONSULTING, INC. Stephen H. Sweet, PE Principal cc: Shari Stiles, City of Meridian (Fax: 887-4813) Rick Clark, Cherry Plaza Associates (Fax: 345-9228) Chris Beeson, Cherry Plaza Associates (Fax: 388-1201) Jason O'Very, Albertson's (Fax: 385-6888) Brad Beckstrom, Hawley Troxell Ennis & Hawley (Fax 0,\IPR0IECT,132'0ZA164AHDI WPD OCT 25 '96 10-44 )42-3829) TOTAL P.04 208 342 0092 PAGE.04 COMPACTOR ...,,�,�. PERMANENT _Al CESS itr ..��''�� ✓ 4 I�� ( /!(�j�f "EXHIBIT A" STEP O�,, ONE TIME PARCEL SPLIT �'• 1 i '!` E R_T PARCEL "Zol X000 >O t . NOT—A—PART k E_.,: _ js x a ALBERTSON"S r 'SHOPS "C•' --=, — - r- s1 t a a - K` �tl' ----- SHOPS P t_ � ' w .ERMANENTUjACCESS DRIVE — r .MAJOR OT � > --- — (OWNED ©Y J y G 1j1j Cn r5 , ZS 3 • l 28 48 t6 i V • ,O . w — CjEL tr2 48, � MAJOR 'W � t Y C i w t I. I♦ ,�'-a.. 6"•".�. _`7 `e'er ''�'' r,!�r- 5 , f --- -- �t;'ERMANENT ACCESS DU I'.' SHOPS "A" �. . .. --. �# -- ,-- -- CHERRY L A N E-------! --- SUBDIVISION EVALUATION SHEET fs� ,ql Proposed Development Name IRST STREET PLAZA SUB City MERIDIAN Date Reviewed 8/22/96 Preliminary Stage XXXXX Final XXXXX Engineer/Developer Quadrant Consulting Inc / Cherry Plaza Associates The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction `of the Ada County Engineer) regardmg this development in accordance with the -Meridian City Street Name Ordinance. t, . The following existing street names shall appear on the plat as: "N MERIDIAN. ROAD" "E. FAIRVIEW AVENUE" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, NCY REP ENTATIVES OR DESIGNEES Ada County Engineer John Priester Date 2 ll rJ Ada Planning Assoc. Terri Raynor Date �J City of Meridian Representative —Date Meridian Fire District Representative Date p" Z z - g NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Subindex Street Index 3N 1 E 06 Section -r/Ly�� NUMBERING OF LOTS AND B 23 January 1996 Brian Iverson Bell -Walker Engineers Inc. 827 LaCassia Drive Boise, Idaho 83705-2254 Re: First Meridian Plaza Dear Brian: 4N30"S't, CITY OF MERIDIIA • I. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888.6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 We have received and reviewed the above mentioned project. The proposed 8" (eight inch) sanitary sewer line would parallel Nampa & Meridian Irrigation District's Eightmile Lateral between Meridian Road and the Meridian-Kuna Highway. If the sewer line is con- structed according to the plans that were reviewed, it should be adequate for Nampa & Meridian Irrigation District's requirements; however, I would like to point out that the trench will be 9 to 11 feet deep and the proposed location is very close to the south bank of the Eightmile Lateral. There is scarcely enough room to drive a pickup between the existing manhole and the Eightmile Lateral as it is at the present time. The contractor on this project must be informed that the south bank of the Eightmile Lateral must not be disturbed. If the bank of the Eightmile Lateral is disturbed, Nampa & Meridian Irrigation District will have additional requirements as the interests of the District must be protected. Please have the developer contact Daniel Steenson at 342-4591 to obtain a License Agreement for the encroachment of the sewer line on the easement of the Eightmile Lateral. After the agreement is signed by the developer, it will go before Nampa & Meridian Irrigation District's Board of Directors for their consideration. If you have questions, please feel free to contact me. Sincerely, Bill Henson Assistant Water Superintendent pc: Each Director —City of Meridian Secretary of the Board Rider 4 District Water Superintendent FgPIWIMATEIRRIGABLE ACRES Daniel Steenson RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40.000 UCT-08-1996 16:11 QURDRRNT CUNSULTING, INC. 208 342 0092 P.01/05 October 8, 1996 Ms. Shari Stiles Planning & Zoning Administrator City of Meridian " 33 E. Idaho Meridian, ID 53642 ■■ Quadrant Consulting, Inc. Post -it" Fax'Note 7671 DaleD P�f► Z_AA C To J"T/4 Fmm Co./Dept, Phone # .- Phone # Fax # Fax Re: First Street Plaza Request for Annexation and Zoning and Preliminary/Final Plat Dear Shari: Per our discussion this morning, the following is the applicant's revised response to the staff memorandum of -September 11, 1996, concerning the First Street Plaza annexation, zoning and platting. This letter summarizes recent site background history and responds to the points of concern raised in the memo. RECENT SITE a,& CKGROUND On March 5,1996,'the Meridian City Council heard an application by Cherry Plaza Associates for a Re -Subdivision. The request was made seeking approval for splitting of the existing Cherry Plaza Parcel into two separate lots, per the Meridian Subdivision and Development Ordinance,'Section 9-604 A. During the application hearing, Councilman Morrow moved (with a second by Councilman Bentley) "that we offer an endorsement of the lot split as per the configuration and that lot split occur with the County and then application be made by the parties for the normal subdivision and annexation process with the City of Meridian." Following the Council's endorsement, Quadrant Consulting recorded a Re -Subdivision (Record of Survey No. 3538, Instrument No. 96037273) with the Ada County Recorder on May 3, 1996. Subsequently, Albertson's has purchasedtheir site from Chery Plaza Associates and the deed was recorded as Instrument No. 96037277, again on May 3; 1996. The annekation and plat applications currently before the City fulfill the -representations made by Cherry Plaza Associates to the Council concerning the previous request for-apptoval of the Re - Subdivision. The applicants desire to culminate this process ,with approvals which result in an annexation, zoning and a plat which satisfies both the City of Meridian and their respective organizations. Through the annexation, zoning and platting process, the intention of the applicants is to maintain the current uses on the present shopping center site with only minor modifications, avoiding any undue hardship for uses which were commenced prior to the adoption of the City's Zoning and Development Ordinance. Acceptable modifications include adding some landscaping on site and improving the site traffic circulation, as requested by the City. Both of these modifications will be acceptable to the applicants, only if the site parking can be maintained at the same number of car parking stalls and at a reasonable expense. Finally, the applicants are operating with the understanding that the majority of these conditions, other than landscaping, parking and tiling of the Settlers Canal, will only apply when the undeveloped land to be annexed undergoes development in the future. 405 S. 6th Street, Ste. 295 • Boise. 10 63702 Phone (208) 342-0041 • Fox (208) 342.0092 •- Internet: quodrant@mlcron.net Civil Engineering • surveying • Constructlon Monogement OCT 08 196 16=07 208 342 0092 PAGE.01 OCT -08-1996 16:12 Ms. Shari Stiles October g, 1996 Page 2 QUADRANT CONSULTING, INC. 208 342 0092 P.02/05 iiQC In response,to the Staff memorandum of September 11, -1996, the following comments are offered: ANNEXATION & ZONING 1. Leea„ I Descriptio This condition appears acceptable to all parties. 2. Conditional Use a. For development of the parcel for which annexation and zoning is requested (other than the minor portion being platted as a part of Preliminary Plat Lot 2), the applicants agree to undergo a conditional use process. b. La Playa Manor and Five Mile Drain i. N=Subject to the normal requirements under the subdivision and zoning ordinances, for La Playa Manor the applicants agree to provide a setback and screening per code (Section 2-414 D.2.C), upon future development of the parcel to be annexed. ii. Within the portion of the Nampa Meridian Irrigation District's Five Mile Drain required easement controlled by the applicants, no physical encroachment will be constructed which would interfere with NMID rights. Upon development, landscaping or some other suitable form of buffering, will be constructed as approved under the conditional use process. This would be subject, of course, to NMID approval. 3. Development Agreement The applicants agree to reach a development agreement with the City prior to proceeding with development of the Preliminary Plat Lot 1. The applicants also understand that no development agreement requirements would be applicable to the presently annexed site (Preliminary Plat Lots 3 and 4. ,Finally, since the majority of Preliminary Plat Lot 2,is currently annexed to ,the City and the small unannexed portion is already improved as a parking lot, the applicants request that no development agreement is required for Preliminary Plat Lot 2 See the discussion under Irrigation and Drainage Ditches, below- PRELTMINAVRY21NAL PLAT GENERAL COMMENTS 1. Irrigation and Drainage Qitches The applicants find that a platting requirement to continue the extension of the tiling of the Settlers Canal (approximately 160 lineal feet) is a reasonable request, and is an acceptable condition, provided that if the canal is fully tiled, Preliminary Plat Lot 2 will not be subject to a development agreement as a condition of annexation. The applicants are also of the opinion that this requirement is not applicable to the Five Mile Drain, which is designated as a Multiple Use Pathway in the Meridian Comprehensive Plan and generally within the La Playa Manor Subdivision. The Settlers Irrigation Ditch on Preliminary Plat Lots 2 and 3 has`previously been buried, and no additional improvements are contemplated or anticipated with the current applications. 2. Existing Domestic Wells /or Septic Systems The applicants are unaware of, any domestic wells or septic systems on the property. Therefore, this condition is acceptable. OCT 08 196 16:08 208 342 0092 ;PAGE. 02 OCT -08-1996 15:12 QUADRANT CONSULTING, INC. 208 342 0092 P.03i05 Ms. Shari Stiles October 8, 1996 //�� Page 3 E E QC 3. Seasonal High Water Elevation Prior to development of the parcel to be annexed, the applicants agree to submit a profile of the subsurface soil - conditions, including seasonal high groundwater elevation. 4. Hydraulic Model The applicants agree that water service to future development will be contingent upon the City's hydraulic model. The applicants further are of the understanding that the existing development will continue to be served with adequate capacity for uses in place today. 5. FEMA Floodplain Boundaries/Preliminary Plat The FEMA Floodplain Boundaries will be added to a revised preliminary plat. 6. Consecutive Lot Numbering The lots will be renumbered so that consecutive lots abut each other. 7. Plat Sealine Both pages of the final plat will be sealed by a professional land surveyor. S. Certificate of Ow=ners/Acknowled 'meet The Owners will execute the Certificate of'Owners and the Acknowledgments will be notarized in accordance with Code. 9. Ada County Street Name Committee Ap rl�oval A letter of approval from the Street Name Committee will be submitted. 10. Written Respo� ase' This letter satisfies the requirement. PRELT&ITNARY/FINAL PLAT SITE SPECIFIC COMMENTS 1. SanitM Sewer Service a. Easements The existing sewer main system has been previously located in the field Existing City easements and locations as verified in the field will be depicted upon -the revised preliminary plat. b. f=uture Service The existing developed site is presently served by the City of Meridian. The applicants are of the understanding that service to the site will continue. 'The applicants also understand that future development of the annexation parcel is contingent upon the City's ability to accept additionally generated "sanitary sewage. 2. Water Service a. Easements The existing water main has been previously located in the field. Existing City easements and locations as verified in the field will be depicted upon the revised preliminary plat. b. Main Routing Routing of the mains and any relocations as necessary to accommodate future development will be coordinated with the City's Water Superintendent. OCT`08 '96 16:08 208 342 0092 PAGE.03 OCT -08-1996 16:13 OUADRRNT CONSULTING* INC.206 342 0092 P.04/05 Ms. Shari Stiles October 8, 1996 •> a ■ Page 4 N ■ QC C. Fire Hvdrants b[ Fire hydrant locations will be depicted upon the revised preliminary plat. 3. His orical Water ConsuiD,ption Anal ysis/Aseessment Agreg,,ment A letter will be submitted to the City Engineer requesting a consumption analysis of water and sewer for the existing site. The applicants will work with the City toward developing a mutually suitable Assessment Agreement with the respective lot owners. 4. Press urized'Irrigation The revised preliminary plat will include a plan' depicting pressurized irrigation and a proposed source. Upon evaluating the most recent title report, we believe no valid water rights are appurtenant to the property. For the currently developed area (Preliminary Plat Lots 3 and 4, plus the developed portion of Lot 2); the applicants propose to utilize"a new meter connecting to the existing domestic water -supply. For Preliminary Plat Lot l,the applicants will attempt to obtain a water right to utilize an irrigation source from the hive Mile Drain. F r 5. Detailed LightihaTlan No new lighting is proposed for the site, hence, a detailed lighting -pian will not be submitted for the site. 6. Landscaping and P king a. Landscaping The applicants are requesting a variance from"the Design Standards for Off -Street Parking, particularly the requirement for one tree per 1,500 square feet of pavement area. In concept, the applicants will propose to include at least one three-inch caliper tree per curbed traffic island and as recommended by a licensed landscape architect for a landscape strip along Fairview,Avenue/Chei bane. The site presently contains "some landscaping in the vicinity of the credit union. The applicants intend to submit a landscape plan for a staff -level review and approval. The plan will be designed to,be: a)'cornpatible with the existing plantings, -b) enhance the City's entryway corridors (Meridian Road and Fairview Avenue), c) maintain compatibility with any plans to improve site circulation, and d) maintain the same number of car parking stalls on-site. b. Parking The applicants will prepare a revised parking plan for the site which will be designed to: a) improve site circulation, b) maintain compatibility with the landscaping plan, - and c) maintain the existing parking count. Current on-site parking count is 423. Current gross building area is 121,783 square feet. Since the Cherry Plaza Shopping Center was` lawfully erected and in use prior to the effective date of the City's Zoning Ordinance (April 2, 1984), the applicant does not contemplate having to meet the current parking Ordinance, as parking is maximized on the site as is today. This scenario was apparently contemplated when the City adopted the Change of Use provision under Section 2-414 A 2. OCT 08 '96 16:09 208 342 0092 PAGE.04 OCT -08-1996 16:13 Ms. Shari Stiles October 8, 1996 Page 5 OURDRRNT CONSULTING, INC. 208 342 0092 P.05/05 7. Sims A pylon sign exists which -possibly could be considered an off -premise sign under the existing Zoning and Development Ordinance. The applicant proposes to maintain the existing sign as it was generally constructed at the date of applications for annexation and subdivision. A cross -use easement concerning the sign between the applicants has been previously recorded and will be noted on the final plat 8. Section Line RoadBigh -o -Wax The project has previously provided right-of-way dedications as requested by the ACRD Commission. Subject to acceptable conditions of approval, the applicants will comply with -the ACHD's requirements. 9. Site Drainage Modifications and or Additions No site.drainage modifications or additions are contemplated at the time of application. The conditions requested by the CDHD will be applied to any future development as appropriate. 10. Final Plat Notes The applicants agree to place notes on the final plat concerning: a) setbacks, b) re -subdivision of lots, c) irrigation/drainage facility maintenance, and d) footings. 11. Settlers Canal Easement No recorded easement has been located for the Settlers Canal. Maintenance of the buried canal is the responsibility of the owner of the lots through which the canal passes. The applicants will attempt to develop a mutually agreeable easement between the Irrigation District and themselves which can be recorded on the final plat. 12. j egiprocal Easement Agrrcernent The Owners have entered into a Reciprocal Easement Agreement for easements for cross access, cross parking, and cross utility easements, as well'as maintenance of the same. A copy will be provided to staff for project records prior to the City Engineer's signature on the finaJ plat. The instrument number of the agreement will be noted on the final plat. This ends our discussion on the points covered in the Staff memo of September 11, 1996. Thank you for this opportunity to respond. Sincerely, QUAD CONSULTING, INC. Stephen 14. Sweet, PE Principal .cc: Rick Clark, Chevy Plaza Associates (Fax: 345-9228) Chris Beeson, Cherry Plaza Associates (Fax: 338-1201) ,Cason O'Very, Albertson's (Fax: 385-6888) Brad Beckstrom, Hawley Troxell Ennis & Hawley (Fax: 342-3829) Flom—c CAA164C01Q.WPD ,TOTAL P.05 OCT 08 196 16:09 208 342 0092 PAGE.05 ADA COUNTY" HIGHWAY DISTRICT Development Services Division Development Application Report Preliminary Plat & Annexation - First Street Plaza/MPP-14-961MA-3-96 First Street Plaza is a 4 -lot commercial subdivision on 12.6 total acres. The applicant is also requesting annexation of 3.54 -acres with a change of zoning designation from RT to C -G. The site is located on the northeast corner of Fairview Avenue and Meridian Road. Assuming complete commercial development, the 3.54 -acre annexation parcel is estimated to generate 2,380 additional (8,820 total) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. However, the applicant is proposing no new development with this application. Roads impacted by this development: Fairview Avenue Meridian. Road Z)#A ACRD Commission Date - October 16, 1996 - 12:00 p.m.. OCT 07 '96 15:54 208 345 7650 PAGE.06 IV/ V Vo xo:ui 4u4vo 340 roan AU" CITY MERIDIAN 10007/012 Facts and Findings: A. General Information Owner - Cherry Plaza Associates, LLC ' Applicant - Christopher J. Beeson RT - Existing zoning C -C - Requested zoning 12.66 - Acres total, including the 3.54 -acres requested for annexation 4 - Commercial lou n/a - Square feet of existing building 264 - Traffic, Analysis Zone (TAZ) West Ada County - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment: District Fairview Avenue Principal arterial with bike route designation Traffic count 18,966 on 6/16193 650 -feet of frontage 80 to 100 -feet existing right-of-way (40 -feet north of section line) 95 -feet required right-of-way for an additional lane (53 -feet north of, section line) Fairview Avenue is improved with five lanes with curb, butter and sidewalk. Meridian Road Minor arterial with bike lane designation Traffic count 13,655 on 9/20/93 585 -feet of frontage 50 to 80 -feet existing right-of-way (40 -feet east of section line for approximately 60 -feet at Fairview Avenue, tapering to 36 -feet at the north boundary of the site) 90 -feet required right-of-way for a 5 -lane constrained corridor (45 -feet from centerline) Meridian Road is improved with five lanes with curb at the intersection, gutter a Lid sidewalk tapering to three lanes at the north boundary'of thii site. The centerline of Meridian Road is currently offset approximately 15 -feet to the west of the section line abutting the majority of the site. F B. The existing commercial development does not meet Meridian's, required amount of parking spaces. Staff is recommending that additional right-of-way be dedicated on both Meridian Road and Fairview Avenue, which will eliminate parking spaces when the streets are widened in the future. The City of Meridian is requiring the applicant to provide landscaping as,a'condition of the subdivision approval. r nRSTSTR. WPD Page 2 OCT 07 '96 15:54 208 345 7650 PAGE.O? LVIVIiZPo 10:u1 -"Guo J40 (GNU AUIV 444 CITY KERIDIAN 10008/012 Until the streets are widened, the parking'spaces in the new right-of-way could continue to be used through a license agreement with the District: On the positive side, the required y landscaping would be located outside of the future roadway, and would not have to be relocated when the streets are widened. Lim Staff is recommending using the constrained corridor width on Meridian Road due to the Q location of a below grade Wdocking ramp for the Albertson's store- on the west side of the building that would be very expensive to relocate. The near comerof the docking ramp is 8 pto 10 -feet from the current right-of-way line. The parcel at the northwest corner of Meridian Road and Fairview Avemeisacurrently undeveloped and the current centerline is offset 15 -feet west of section line in this area. In' view of the complicating factors, staff recommends that a minimum of 5 additional feet be dedicated along Meridian Road abutting the subject site. C. There are five existing driveways to the site - three on Meridian Road and two on Fairview Avenue. Two of the driveways closest to the Meridian Road/Fairview Avenue intersection do not meet District policy, which requires 220 -foot of separation from the nearest_ cross street. D. The driveway on Meridian Road located 154 -feet north of the Fairview Avenue/Meridian Road intersection does not meet District's requirements. Staff recommends a variance to allow,'the'use of the'existing driveway, provided the applicant rest ict the driveway to right turns only and construct a 6 -inch raised median in the center of Meridian Road from the Fairview Avenue/Meridian Road intersection to a point 50 -feet beyond the northern edge of the driveway. E. There is a driveway on Fairview Avenue, located 157 -feet east of Meridian Road.. This driveway does not meet District's requirements. Staff recommends a variance to allow the use of this existing driveway provided the applicant restricts it to right turns only and reconstructs it as a curb return driveway with 15 -foot curb radii. The`applicant should be required to construct a 6 -inch raised median, in the center of Fairview Avenue, from the Meridian Road stop_bar to the western end of the existing median to �probibit left turns. F. 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 recorded cross access easement for the parcel to the east (if not previously provided) and all internal lots 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. FIRSTSTR.WPD Page 3 OCT 07 '96 15:55 208'345 7650 PAGE.08 1V/UI VQ 10: ua pcuo uIta <roau AUW 444 UTY MERIDIAN- 10009/012 G. District policy requires the applicant to construct a pedestrian ramp at the,northeast corner of Fairview Avenue and Meridian Road. The; construction of the pedestrian ramp should comply with ADA standards. Construction of the pedestrian ramp should be coordinated r. with District Staff. H. There is a sub -standard pedestrian ramp located at the northwest corner of Fairview Avenue and E. 1st Street (on' the west site of the signalized entrance to the mall area) that is in conflict with' an existing utility pole°and utility box. The applicant should mlocate'the pedestrian ramp to reduce the conflict with the utility pole°and box. The pedestrian'ramp should be constructed in compliance with ADA standards., Coordinate the construction and location with District Staff. I. The applicant has a cuib cut driveway on Meridian Road located approximately 554 -feet north of Fairview- Avenue. The applicant should replace the curb cut driveway, on Meridian Road, with a 30 -foot wide curb return driveway with 15 -foot curb radii abutting Meridian Road because Meridian Road is, an arterial. J. The curb return driveway ori Meridian Road, located 354 -feet north of Fairview Avenue, -meets District policy. K ACHD's Park & Ride Division Staff have indicated the need for a park and ride location at the applicant's site. The District requests that applicant grant the District'an easement'for a 10 to 12 -space Park & Ride area at this site. Coordinate the location with District Ride Share' staff (345 -POOL). ' L. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel - M. The existing, transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. Y The following requirements are provided as conditions for.approval: Special Request of the Applicant: 1. The applicant has indicated that parking at this site is limited. District Rideshare staff has indicated a flexibility in the location of the easement (i.e:, behind the building in the vacant lot) for a park and ride'site. The District would be very appreciative if the applicant granted • the District an easement for a 10 to 12 -space Park & Ride area. Coordinate the location with District Ride Share (345-P00L). DRAFTF FMTSTR.WPD Page 4 OCT 07 ,'96 15:56 208 345 7650 PAGE.09 __ 1 LVI, vrIOU iv. UP �VCuo 440 JV.7V A(.AU DRAFT Site Specific Requirements: 44%,III AMA101AN L(JJUlU/UIL 1. Dedicate 53 -feet of right-of-way north of the section line of Fairview Avenue abutting the parcel (13 additional feet) 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. The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of A:CHD Ordinance #188: I _ 2. Dedicate 45 -feet of right-of-way east of the section line of Meridian Road abutting the, parcel (5 to 23 -feet additional) by means of recordation of a final subdivision plat or execution of a warranty deedprior to issuance of a building permit (or other required permits), whichever occurs fust. The owner will be compensated for this additional right -6f -way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 3. Provide a recorded cross access easement for the parcel to the east (if not previously provided) and all internal lots 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 and the internal lots if they are the subject of a future development application.- 4. pplication. 4. Construct a pedestrian ramp at the northeast comer. of Fairview Avenue and Meridian Road, abutting the site. The construction of the pedestrian ramp shall meet ADA standards. 5. Relocate the pedestrian ramp at the northwest corner of Fairview Avenue and E. 1st Street to reduce the conflict with the pedestrian ramp and the existing utility pole and box. Coordinate the construction and relocation of the pedestrian ramp with District Staff to meet ADA standards. 6. Replace the curb cut driveway on Meridian Road, located approximately 554 -feet north ,of Fairview Avenue, with a standard 30 -foot wide curt -retum with a 15 -foot radii. 7. Restrict the curb return driveway on Meridian Road, located approximately. 154 -feet north of Fairview Avenue, to right turns only. Coordinate appropriate signage with District Staff. 8.. Replace the curb out dr'i'veway on Fairview Avenue, located approximately 157 -feet east of Meridian Road, with a standard curb.return driveway with 15 -foot curb radii. The driveway shall be restricted to right turns only with appropriaie'signage. 9. The curb return d ive-way on Meridian Road, located 354 -feet north of Fairview Avenue, is approved. FIP STSTRWPD Page 5 OCT 07 '96,15:57 208 345 7650PAGE.10 LV . JL V cyo es,) I vau X4!!!7 444 UTI 41Z;K1U1tYN' . lQJ 011/412 10. Construct a 6 -inch raised median in the renter of Fairview Avenue, from the western edge of the driveway to the existing median on Fairview Avenue, to prohibit left hand turns at this driveway. Coordinate the design of the median with District Staff.,, 11. Construct a 6 -inch raised median in the center of Meridian Toad from the Fairview Avenue/Meridian Road intersection to a point 50 -feet beyond -the northern edge of the driveway to prohibit left hand turns at this driveway. Coordinate the design of the median with District Staff. 12. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Development Services Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a reouirement would result in a substantial hardshin or inecuity_ The written ssjon 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 report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD "Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two days of the action and shall include a minimum fee of $11.0.00. The r guest for reconsideration shall � I ifically identify each h req irement to be reconsidered and include written documentation of data that was not available, to the Commission at the im--;-of its original decision, The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction, in accordance with Ordinance #188, also known as Ada County Highway District Road Irtpact Fee Ordinance. FMSTSTRWPD Page 6 OCT 07 196 15:58 208 345 7650 PAGE.11 "Zuo J40 10au A(;UV 444 CITY MERIDIAN 10012/012 V e 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 ACRDOrdinances unless specifically waived herein. S. 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. 8. Any change by the applicant in the planned use of 'the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway Districtof its intent to change the planned use of the subject property unless a waiver/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. Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by -the proposed development. Should you, have any questions or comments, please contact the Development Services Division at 345-7662. FIRSTSTR. WPD Page 7 „A F October 7, 1996 Ms. Shari Stiles Planning & Zoning Administrator City of Meridian 33 E.Idaho Meridian, ID 83642 Re: First Street Plaza ■ ■■ Quadrant Consulting, Inc, Request for Annexation and Zoning and Preliminary/Final Plat Dear Shari: The staff memorandum of September 11, 1996, concerning the First Street Plaza annexation, zoning and platting has been received and reviewed by the applicants and their representatives. This letter summarizes recent site background history and responds to the points of concern raised in the memo. RECENT SITE BACKGROUND On March 5, 1996, the Meridian City Council heard an application by Cherry Plaza Associates for a Re -Subdivision. The request was made seeking approval for splitting of the existing Cherry Plaza parcel into two separate lots, per the Meridian Subdivision and Development Ordinance, Section 9- 604 A. During the application hearing, Councilman Morrow moved (with a second by Councilman Bentley) "that we offer an endorsement of the lot split as per the configuration and that lot split occur with the County and then application be made by the parties for the normal subdivision and annexation process with the City of Meridian.” Following the Council's endorsement, Quadrant Consulting recorded a Re -Subdivision (Record of Survey No. 3538, Instrument No. 96037273) with the Ada County Recorder on May 3, 1996. Subsequently, Albertson's has purchased their site from Cherry Plaza Associates and the deed was recorded as Instrument No. 96037277, again on May 3, 1996. The annexation and plat applications currently before the City fulfill the representations made by Cherry Plaza Associates to the Council concerning the previous request for approval of the Re - Subdivision. The applicants desire to culminate this process with approvals which result in an annexation, zoning and a plat which satisfies both the City of Meridian and their respective organizations. Through the annexation, zoning and platting process, the intention of the applicants is to maintain the current uses on the present shopping center site with only minor modifications, avoiding any undue hardship for uses which were commenced prior to the adoption of the City's Zoning and Development Ordinance. Acceptable modifications include adding some landscaping on site and improving the site traffic circulation, as requested by the City. Both of these modifications will be acceptable to the applicants, only if the site parking can be maintained at the same number of car parking stalls and at a reasonable expense. Finally, the applicants are operating with the understanding that the majority of these conditions will only apply when the undeveloped land to be annexed undergoes development in the future. 405 S. 8th Street, Ste, 295 • Boise, ID 83702 • Phone (208) 342-0091 . Fax (208) 342-0092 . Internet; quadrant®micron.net Civil Engineering • Surveying • Construction Management Ms. Shari Stiles October 7, 1996 Page 2 b(C In response to the Staff memorandum of September 11, 1996, the following comments are offered: ANNEXATION & ZONING 1. Legal Description This condition appears acceptable to all parties. 2. Conditional Use a. Upon development of the parcel for which annexation and zoning is requested, the applicants agree to undergo a conditional use process, for those uses which normally require a conditional use process under the C -C .zoning. If the use(s) proposed for the site is a permitted use under the C -C zoning designation, the applicants would not intend to enter into a conditional use process. b. La Playa Manor and Five Mile Drain i. Subject to the normal requirements under the subdivision and zoning ordinances, for La Playa Manor the applicants agree to provide a setback and screening per code (Section 2-414 D.2.C), upon future development of the parcel to be annexed. ii. Within the portion •of the Nampa Meridian Irrigation District's Five Mile Drain easement controlled by the applicants, no physical encroachment other than -landscaping or some other suitable form of buffering, will be constructed. This would be subject, of course, to NMID and City of Meridian approval. 3. Development Agreement The applicants agree to reach a development agreement with the City prior to proceeding with development of the parcels to be annexed (Preliminary Plat Lots 1 and a portion of Lot 2). The applicants also understand that no development agreement requirements would be applicable to the presently annexed site (Preliminary Plat Lots 3, and 4 and a portion of Lot 2). PRELIMINARY/FINAL PLAT GENERAL COMMENTS 1. Irrigation and Drainage Ditches The applicants find that a requirement to continue the extension of the tiling of the Settlers Canal (approximately 160 lineal feet) is a reasonable request, provided that improvements are only required for each adjoining lot upon future development of that particular lot. iThe applicants are also of the opinion that this requirement is not applicable to the Five Mile Drain, which is designated as a Multiple Use Pathway in the Meridian Comprehensive, Plan and generally within the La Playa Manor Subdivision. The Settlers Irrigation Ditch on Preliminary Plat Lots 2 and 3 has previously been buried, and no additional improvements are contemplated or anticipated with the current applications. 2. Existing Domestic Wells and/or Septic Systems The applicants are unaware of any domestic wells or septic systems on the property. Therefore, this condition is acceptable. r Ms. Shari Stiles October 7, 1996 ■. Page 4 ■ ■ QC C. Fire Hydrants ''Doll Fire hydrant locations will be depicted upon the revised preliminary plat. 3. Historical Water Consumption Analysis/Assessment Agreement A letter will be submitted to the City Engineer requesting a consumption analysis of water and sewer for the existing site. The applicants will work with the City toward developing a mutually suitable Assessment Agreement with the respective lot owners. 4. Pressurized Irrigation The revised preliminary plat will include a plan depicting pressurized irrigation and a proposed source. Upon evaluating the most recent title report, we believe no valid water rights are appurtenant to the property. For the currently developed area (Preliminary Plat Lots 3 and 4, plus the developed portion of Lot 2), the applicants propose to utilize a new meter connecting to the existing domestic water supply. For the parcel being annexed (Preliminary Plat Lot 1, plus the undeveloped portion of Lot 2), the applicants will attempt to obtain a water right to utilize an irrigation source from the Five Mile Drain. 5. Detailed Lighting PI No new lighting is proposed for the site, hence, a detailed lighting plan will not be submitted for the site. 6. Landscaping and Parking a. Landscaping The applicants are requesting a variance from the Design Standards for Off -Street Parking, particularly the requirement for one tree per 1,500 square feet of pavement area. In concept, the applicants will propose to include at least one three-inch caliper tree per curbed traffic island and as recommended by'a licensed landscape architect for a landscape strip along Fairview Avenue/Cherry Lane. The site presently contains some landscaping in the vicinity of the credit union. The applicants intend to submit a landscape plan for a staff -level review and approval. The plan will be designed to be: a) compatible with the existing plantings, b) enhance the City's entryway corridors (Meridian Road and Fairview Avenue), c) maintain compatibility with any plans to improve site circulation, and d) maintain the same number of car parking stalls on-site. b. Parking The applicants will prepare a revised parking plan for the site which will be designed to: a) improve site circulation, b) maintain compatibility with the landscaping plan, and c) maintain the existing parking count. Current on-site parking count is 423. Since the Cherry Plaza Shopping Center was lawfully erected and in use prior to the effective date of the City's Zoning Ordinance (April 2, 1984), the applicant does not contemplate having to meet the current parking Ordinance, as parking is maximized on the site as is today. This scenario was apparently contemplated when the City adopted the Change of Use provision under Section 2-414 A 2. Ms. Shari Stiles October 7, 1996 ■ Page 5 ■ ■ QC Signs ns b[ A pylon sign exists which possibly could be considered an off -premise sign under the existing Zoning and Development Ordinance. The applicant proposes to maintain the existing sign as it was generally constructed at the date of applications for annexation and subdivision. A cross -use easement concerning the sign between the applicants has been previously recorded. Section Line Road Rights -of -Way The project has previously provided right-of-way dedications as requested by the ACHD Commission. Subject to acceptable conditions of approval, the applicants will comply with the ACHD's requirements. 9. Site Drainage Modifications and or Additions No site drainage modifications or additions are contemplated at the time of application. The conditions requested by the CDHD will be applied to any future development as appropriate. 10. Final Plat Notes The applicants agree to place notes on the final plat concerning: a) setbacks, b) re- subdivision of lots, c) irrigation/drainage facility maintenance, and d) footings. 11. Settlers Canal Easement No recorded easement has been located for the Settlers Canal. Maintenance of the buried canal is the responsibility of the owner of the lots through which the canal passes. The applicants will attempt to develop a mutually agreeable easement between the Irrigation District and themselves which can be recorded on the final plat. 12. Reciprocal Easement Agreement The Owners have entered into a Reciprocal Easement Agreement for easements for cross access, cross parking, and cross utility easements, as well as maintenance of the same. A copy will be provided to staff for project records prior to the City Engineer's signature on the final plat. This ends our discussion on the points covered in the Staff memo of September 11, 1996. Thank you for this opportunity to respond. Sincerely, QUAD T CONSULT NG, INC. Stephen H. Sweet, PE Principal cc: Rick Clark, Cherry Plaza Associates (Fax: 345-9228) Chris Beeson, Cherry Plaza Associates (Fax: 338-1201) Jason O'Very, Albertson's (Fax: 385-6888) Brad Beckstrom, Hawley Troxell Ennis & Hawley (Fax: 342-3829) Filename: S:W164CONIMM —� -- r � ...v..✓��. �... �.v�.oly` 1 111u) all..... GG.°V J"tG fJ6°JG r . CJI/ Ul ■ ■ a ■■ Quadrant Consulting, Inc. September 16, 1996 cIEP 1 6 192, 6 CITY OF, ERM.' N Mr. Jim Johnson, President Planning & Zoning Commission City of Meridian 33 East Idaho Meridian, ID 83642 Re: First Street Plaza, Request for Annexation and Zoning Preliminary/Final Plat Dear Jim: On behalf of Cherry Plaza Associates and Albertson's, Inc.; I am submitting' a request to defer both the ^Annexation and Zoning and Preliminary/Final Plat hearings, scheduled for this evening (Monday, September 16, 1996). Due to scheduling conflicts, we are unable to have representatives from both applicants present. Thank you for your consideration in this -matter. Sincerely, M QUADRANT CONSULTING, INC. Stephen H. Sweet, PE Principal Ce: Rick Clark, Cherry Plaza Associates (Fax: 345-9228) Chris Beeson, Cherry Plaza Associates (Fax: 338-1201) Jason 0' Very, Albertson's (Fax:, 385-6888) Brad Beckstrom, Hawley Troxell Ennis & Hawley (Fax: 342-3829) I 405 S. 8th Street, Ste. 295 Bolse, ID 83702 • Phone (208) 342-0091 • Fax (208) 342-0092 • Intemet: quodront®mlcron.net Civil Engineering -: SurvWnri • Construction Monopement TOTAL P.01 SEP 16 '96 16:48 208 342 0092 PAGE.01 a L MERIDIAN PLANNING & ZONING,COMMISSIONMEETING: gy SEPTEMBER 16 1996 , APPLICANT: CHERRY PLAZA ASSOCIATES AGENDA ITEM NUMBER: 15 REQUEST; PUBLIC HEARING: PRELIMINARYIFINAL PLAT FOR FIRST STREET PLAZA L AGENCY COMMENTS CITY CLERK: SEE ATTACHED COMMENTS CITY ENGINEER: CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN' POSTfOFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE,: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS „ . NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRIWATION: IDAHO POWER: US WEST:, INTERMOUNTAIN GAS:t BUREAU OF RECLAMATION: .. OTHER: All Mafetials presented'at public meetings`shall become property of the City of Meridian. WILLIAM G. BERG, JR., City Clerk ' JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administratgr PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON,-Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 -FAX (208)887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor To: P&Z Commission/Mayor &'Council From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator I , , COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY September 11, 1996 Re: Request for Annexation and Zoning with Preliminary/Final Plat for First Street Plaza- (by laza(by Cherry Plaza Partners) We have reviewed, -this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process:' ANNEXATION & ZONING: 4ir 1. The legal description submitted with this application for Annexation and Zoning appears to meet all of the criteria required by Meridian City Resolution #158, and the Idaho State Tax Commission. 2. As a condition of annexation, all uses proposed for the area to be annexed shall be approved under the conditional use permit process. Particular consideration will be necessary to buffer the adjacent residential use (La Playa Manor). Five Mile Creek is designated as a Multiple Use Pathway in the Meridian Comprehensive Plan. No encroachment of the existing easement is allowed. 3. A development agreement is required as a condition of annexation. PRELIMINARY / FINAL PLAT GENERAL COMMENT 1. Any existing irrigation/drainage ditches crossing the property to be includedhin this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped,are to be shown on the Preliminary Plat. Plans will need to . be approved by the appropriate irrigation/drainage district, or lateral users association, with „written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. e 2. Any existing domestic wells and/or'septic systems within thisy!oject will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. C:\OFF[CE\WPWIN\GENER AL\SSTPLAZA.PP P&Z Commission/Mayor & Council September 10, 1996 Page 2 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with development plans. 4. Water service to future development is contingent upon positive results from a hydraulic analysis by our computer model. 5. Indicate any existing FEMA Floodplain Boundaries on the Preliminary Plat Map, and/or any plans to reduce said boundaries. 6. Numbering of lots needs to be consecutive 7. Final plat pages 1 and 2 needs,to include the signed seal of the Registered Land Surveyor. 8. Complete the final plat Certificate of Owners and accompanying Acknowledgment. 9. Please submit a copy of the Ada County Street Name Committee'sapproval letter for the Subdivision, street names, and lot numbering. Make any corrections necessary to conform. 10. Respond in writing, to each of the comments contained in this memorandum, both General and Site Specific, and submit to the City Clerk's Office prior to the scheduled hearing. PRELIMINARY / FINAL PLAT SITE SPECiFir r 1. Sanitary,°sewer service to this project could be from existing mains on site. Subdivision designer shall field -verify the location of the existing sewer mains. The field -verified locations need to be shown on`ihe revised preliminary plat map along with the dedicated easements; additional easements may or may not -be required, depending on the results of field verification. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of further d:velopment.needs to be contingent upon our ability to accept the additional sanitary sewage generated. The subdivision designer is to coordinate main sizing and routing with the Meridian Public Works Department. 2. Water service for these lots could be from existing mains on site. Subdivision designer shall field -verify the location of the existing water mains. The field -verified locations need to be shown on, the revised preliminary'piat map along with the dedicated easements; additional easements may or may not be required, depending on the results of field verification. The subdivision designer is to coordinate any new main routing with the Meridian Public Works Department. Coordinate fire hydrant placement with the City of Meridian's Water Superintendent. Fire hydrant locations shall be depicted on the preliminary plat map. 3. An analysis of historical water consumption needs to be performed by the Public Works Department to determine whether additional sewer and water assessments need to be CAOFRMVA WIMGENERAL\ISPPLAZA.PP LI P&Z Commission/Mayor & Council' September 10, 1996 Page 3 collected from the owner/applicant, prior to signature on the final .plat map. The owner/applicant will be required to enter into an Assessment Agreement with the City of Meridian with an annual review period, prior to signature on the final plat. 4. Revise the Preliminary Plat to include pressurized irrigation, with proposed source. Any proposal, for a supplementary connection from the City's water system to the pressurized irrigation system will need to be reviewed closely due to the size of the area to be watered. Applicant shall provide a statement as to the ownership of and operation and maintenance, for, the pressurized irrigation system. 5. Provide a detailed lighting plan to the Public Works Department for, any new proposed parking lot lighting. Illumination of the site shall be designed to not cause glare;or adversely impact neighboring residential properties or the traveling public. 6. Landscaping and parking do not meet the recdrirements of City Ordinance. Ordinance Section 11-2-414.D.2 -requires underground sprinkling and a minimum of one (1) three-inch (3 ") - Caliper tree per 1,500 square feet of asphalt. The Applicant shall be required, as a condition" of platting, to meet current, Ordinance requirements (Ordinance Section 11-2-406.D.) unless, a variance is granted by the City Council. Sufficient room is available along Fairview/Cherry Lane to provide a planting strip adjacent to the roadway. In addition, landscaping can and should be incorporated within the parking lot to provide better traffic circulation' and ease the impact of the "heat island this parking'lot creates. Applicant is to submit, a detailed- landscape etailedlandscape plan for approval., A letter of credit, ca€h; or approved surety bond is required for necessary improvements. prior to signature on the final plat. 7. All signs must meet the requirements of Meridian Ordinance. Off -premise signs; are not permitted., Shared signage such as that currefitly existing on the site needs to be included in a common lot or relocated. 8. ACRD requirements, City policy and Comprehensive Plan dictate that all section line -roads have a minimum 90' right-of-way. 9. All modifications and/or additions to the site drainage system must be reviewed by the Public Works Department per -City Ordinance. Two parking areas have been constructed in the recent past without the°review and approval of the City of Meridian. 10. Add the"following notes to the final plat: 3) Building setbacks and- dimensional standards in this subdivision shall be in compliance with the applicable zoning regulations of the City of Meridian. 4) Any re -subdivisions of this plat shall comply with the applicable zoning regulations in effect at the time of re -subdivision. C:10FF10EIWPW KCENERALIIM?LAZA.PP P&Z Commission/Mayor &`Council September 10, 1996 Page 4 5) g The owner of each lot, across which`passes an irrigation/drainage ditch or pipe, is responsible for the maintenance thereof, unless such responsibility is assumed by an irrigation/drainage district. 6) The bottom elevation of building footings shall be a minimum of 12" above the;`highesvestablished seasonal ground water elevation. 11. Isn't there an existing easement for the Settler's ditch as it traverses across the site? e C:\OFFICLXWPWIMGENERAL\ISMLAZA.PP WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire.Chief W.L. "BILL" GORDON, Police -Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to°Live CITY OF MERIDIAN 33 EAST 1 AHO MERIDIAN, IDAHO V"2 Phone (208) 888-4433 • FAX (208) 8874813 Public Works/Building Deparaners (208) 887-2211 Motor Vehicle/Drivers License (208) 8884443 ROBERT D. CORRIE Mayor - COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your oomments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by:' September 3. 1996 TRANSMITTAL DATE: 8/19/96 HEARING DATE: 9/10/96 REQUEST: Preliminary/Final Plat for First Street Plaza y BY: Cherry Plaza Associates LOCATION OF PROPERTY OR PROJECT: NE comer of Fairview and North Meridian Road : JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z JIM SHEARER, P/Z I MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT - RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PREUM & FINAL PLAT) INTERMOUNTAIN GAS(PREUM & FINAL PLAT) B:JREAU OF RECLAMATION(PREUM & FINf.L PLAT) CITY FILES O OTHER: FIRE DEPARTMENT.YOUR CONCISE REMARKS: POLICE DEPARTMEN CITY ATTORNEY CITY ENGINEER' r2j�p NQ CITY PLANNER w, f 7s CENTRAL CEN RAL DISTRICT HEALTH DEPART ��ENT C DISTRICT Environmental Health Divisions; -,.�HEALTH C�I�D DEPARTMENT AUG 2 7 1900"' Rezone # CITY Cid' MERI3 IAhi Preliminary / Final / Shot Plat Sre( t ? RZ"4iEA 5ne.)/✓/Si>ti► Return to: ❑ Boise ❑ Eagle ❑ Garden city Meridian ❑ Kuna ❑ ACZ ❑ I . We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: -JE�-central sewage ❑ community sewage system ❑ community water well ❑ interim sewage 3;i -central water ❑ individual sewage ❑ individual water 9. The following plan(s) must be submitted to and approved by,the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines central water 10. Street Runoff is not to create a mosquito breeding problem. ❑ I'l. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection ❑ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 14 15. Si` l' �Jz�.7-2--rL 41AxJ f-C,,r---+ .iT J—A0-1/Ge 7Zc Date: / G Ja --hsf y c -A c /x/741 TD A n= - Reviewed By: 77tCIE) !e Cy SIH gid' /Fr(,a-:� . CDHD 10/91 rcb, «y. 1/95 Review Sheet We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ chiid care center ❑ beverage establishment ❑ grocery store CENTRAL •Is DISTRICT HEALTH A • ISE �. 83704 •(208) 375.5211 FAX- 7 DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL 80 31 -8500 To prevent and treat disease mid disability; to promote healthy lifestyles and to protect and promote the health and quality of our awir, 11 STORMWATER MANAGEMENT RECOMMENDATIONS 1 We recommend that the first one half inch of stormwater be pretreated through a grassy. swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: ;1) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho Regional Office, September 1995. 2) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992. 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR. STORMWATER AND SITE DRAINAGEMANAGEMENT. Serving Vailey, Elmom Bons&. and Ada Counties Ado K Moa. t oft*9D WIC &oi+ee • Mwfeon s me Cour* Omn 60= Can* Of @ d fywfra+rne "tlem Vdlw Cade Oda Iib 707 K Mn" fel 1406 Roberti E 0 210 K Hama. 0. 190 S 4Q1 Street. E M3CaL O. b7ai8 N OL fioQe. n. tp701 0.MMrddn &3705 Ph a37o6 PR 3343355 8364) Pd 5514407 ►some. m. 734 na Erwia Heath 32].7499 y W7 PrL 83647 PR 587-0225 kn* Paft 717.7400 324 Meri3l n 0. — -- _ ._. I — avle RL 8&84525 SUBDIVISION EVALUATION SHEET Z 71 LO CITY OF MERIDIP i 4 Propbsed Development Name FIRST STREET PLAZA SUB City MERIDIAN Date Reviewed 8/22/96' Preliminary Stage XXXXX Final XXXXX Engineer/Developer Quadrant Consulting. Inc. / Cherry Plaza-Associates -` The Street name comments "listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this, development in, accordance` with the Meridian City Street Name Ordinance: The following_ existing street names shall appear on the plat as: "N. MERIDIAN ROAD" "E. FMRVIEW AVENUE"- , a 5. The above street name comments have been read and approved by the following agency representatives of the ` ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, NCY REP ENTATIVES OR DESIGNEES• Ada County Engineer John PriesterDate2 Ada Planning Assoc. Terri Raynor i Date City of Meridian Representative Date Meridian Fire District Representative Date NOTE: A copy of this evaluation`sheet'must be presented to the Ada County Engineer at the time of signing the "final plat",'otherwise the plat will not be signed till Sub Index Street Index 3N 1E 06 Section NUMBERING OF LATS AND BLOCKS Swrt M4 5 'L • 1503 FIRST STREET SOUTH - NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 3 September 1996 SHOP: Nampa 466-0663 Boise 345-2431 Attn: Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 ,RE. PRELIMINARY/FINAL PLAT FOR FIRST STREET PLAZA Nampa & Meridian Irrigation District has an,easement on the Five Mile Drain which courses through the project- The right-of-way of the Five We* Drain is 100 ft; 50 feet from the center each way.facing downstream. The Five Mile Drain is a contract drain, with the Federal Government and they may have other easements or requirements. Please contact John Caywood at the Bureau of Reclamation, 334- 1463. See Idaho Code 42 -1208 --RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John P. Anderson- or Bill Henson at either 466-0663 or 345-2431 for approval befdre'any encroachment or change of right-of- way occurs. Nampa &- Meridian Irrigation District requires a Land Use Change/Site Development application be filed fdr review prior to final platting. All laterals and waste ways must be protected. All municipal surface drainage must be'retained on site. `'If any surface drainage leaves the site, Nampa & Meridian Irrigation District must. review drainage plans. Contact Donna Moore at 343-1884 or 466-7861 for further information, Page 1 of 2 APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 I 3 September 1996 City of Meridian Page 2 of 2 - x w - The developer must comply with Idaho Code 31-3805. It is recommended that irrigation -water be 'made available to all developments within Nampa & Meridian Irrigation District. Sincerely, Bilenso A st. Water Superintendent ` P _ NA MPA & MERIDIAN IRRIGATION DISTRICT BH: dln pc: File.- Shop File - Office Water Superintendent 9 `4 5 w OFFICIALS HUB OF TREASURE VALLEY COUNCIL MEMBERS y —GREG OSLUND, P/Z ADA PLANNINGASSOCIATION' "WILLIAM G. BERG, JR., City Clerk ,A Good Place to Live WALT W. MORROW, President - JANICE L. GASS, City Treasurer ty OF MERIDIANGLENN CHARLESEngineer■�1 RONALD R. TOLSMA. BRUCE D. STUART, Watler Works Supt. CITY R. BENTLEYEE JOHN T SHAWCROFT, Waste Water. Supt. 33 EAST IDAHO YOUR CONCISE REMARKS: DENNIS J. SUMMERS, Parks Supt. _ CITY ATTORNEY SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 53642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief Phone (208) 8884433 • FAX (208) 887-4813 JIM JOHNSON, Chairman W.L. "BILLGORDON, Police Public Works/Building Depamnent (208) 887-2211 TIM HEPPER WAYNE G.. CROOKSTON, JR.,., Attorney Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, -City Clerk by: September 3, 1996 TRANSMITTAL DATE: 8/19/96 HEARING DATE: 9/10196` REQUEST: Annexation and Zonina_reauest BY: Chen Plaza Associates LOCATION OF PROPERTY OR PROJECT: NE comer of Fairview and North Meridian Road JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z JIM SHEARER, P/Z . MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT —GREG OSLUND, P/Z ADA PLANNINGASSOCIATION' _KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH _BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA,• C/C SETTLERS IRRIGATION DISTRICT _CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C _WATER DEPARTMENT - SEWER DEPARTMENT IDAHO POWER CO.(PRELIM'& FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT); INTERMOUNTAIN'GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELI"l & FINAL PLAT) CITY FILES - BUILDING DEPARTMENT ., OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT _ CITY ATTORNEY CITY ENGINEER CITY PLANNER I. APPLIATION FOR ANNEXATION APPROVAL ZONING OR -REZONE: MERIDIAN PLANNING AND.ZONING COMMISSION FILING INFORMATION GENERAL INFORMATION First Street Plaza (PROPOSED NAME OF, SUBDIVISION )t NEC Fairview and North Meridian Road,'Meridian, Idaho s (GENERAL LOCATION) See attached ( LEGAL DESCRIP.TION_ ATTACH IF LENGTHY) Cherry,Plaza Associates", LLC (208) 388-1200 (OWNER(S) OF RECORD) (NAME) (TELEPHONE NO.) c/o Christopher J. Beeson,�Givens Pursley &,Huntley (ADDRESS) P; 0.., Box 2720, Boise, Idaho' 83701' Christopher J. Beeson (208) 388-120n (APPLICANT) (NAME) (TELEPHONE NO.) Same as above n (ADDRESS) Quadrant Consulting, Chuck,Christenseh,'P.E. (208) 342-0091 (ENGINEER, SURVEYOR' OR PLANNER) (:NAME) (TELEPHONL NO.) 405 S. 8th St, Suite -295, Boise, -Idaho 83702- (ADDRESS), 3702u(ADDRESS)g _. City of Meridian (JURISDICTION(S) REQUIRING APPROVAL) Commercial,, (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) j >+50 3.54+%- ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED BY.:) (FEE) x CHERRY PLAZA ASSOCIATES, LLC Suite 200 475 S. Capitol Boulevard Boise, Idaho 83702 (208) 345-9000 Fax (208) 345-9228 Mr. Richard P. Clark, Manager Mr. Christopher J. Beeson, Manager July 9, 1996 t� City of Mer dian 33 East Idaho Avenue _ r Meridian, Idaho 83642` - r` Re: Annexation Request Ladies and Gentlemen: Attached is an application to annex approximately 3.5 acres north of Cherry Plaza near the intersection of Fairview Avenue and Nortli Meridian Road. The site is highlighted on the attached map:- This property -is. south -of- LaPlaya subdivision, which is in an R-8 zoning district, and north of Cherry Plaza and the U.S. Bank Parcel, which are in a C-C'`zoning district._ Except for a~small paved area, the site is currently undeveloped and is, in an RT zoning, district. Meridian's comprehensive plan designates the site as "Existing Urban°'. We would like the site to be annexed into the city with a C -C zoning classification, consistent with the adjacent Cherry Plaza property and the frontage property on Cherry Lane which it borders, although no specific plans to develop the site have been prepared to date. The site is an excellent candidate for annexation, because it is surrounded by property already annexed to the City of Meridian. All services are available to the site. Thank you for your consideration of this request. CHERRY PLAZA ASSOCIATES, LLC An Idaho Limited Liability Company LIM 276Z91MER1D001.CJ6 July 9, 1996 Page 2 State of Idaho ss. _T71A County of Ada ) On this day -of'- _. in they ear 1096, before me a notary public in and fort State if Idaho, personally appeared Christopher J. Beeson, known or identified to ne to'be one of the managers of the Cherry Plaza Associates, LLC; an Idaho Limited Liability'Company, who executed the instrument on behalf of said Limited Liability Company, and acknowledged to me that such Limited Liability Company executed the same.., 4 In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first above tten. 01 otary PuW for Idaho Residing My commission expires / If .JUL-09-1956 16:01 FRCM STEWART TI -L -MAN ST.OFF TC ,URVER NC.95057077A Oil 93881201 F.03 d EXHIBIT "Alf 9110r)?ING Cy4TER PARCEL A Portion of Lot 7, Rrr:l. i c,f, �, `rown chip 3 NortlL, Rance 1 East, Bois9 Meridian, Ada County, Idaho: -mare particula>:?y described by tme L fev and boi�jjda as ;foT.'' ow4 ('t)MME*"ING at tha . SOut;haadt: c6rner of the $out�1wet3L Quar!-Qr of Section 6, TowiruhilT 3 North, Range :L East, 'Boise Meridian; and running s 30:il:Ii a8 dea P -Pt s 01' 10" ' tv*9t 1, 699. SU Leet (foxtiter ;- de6cribe�3 acl +Test 2, 699. 5 'feet,' dlcrig glia-Cnutharly boundary s►[ Section 6 to the 'DRUB P0.111i' OF BEGIIJNIIIG: L•lienaQ Continuing Suul.lr AS degrees. Uvit)" Wcat 705.1¢ feet (forajerly dQRr?r.ibod. as West 698.9.1 Leet) along said Southerly boundary of Section 6 to the �Ioutllwest cor.ter of as i d Sar_ tion r; ,':hence North 00`decreec 161201" West 623.04Let!L (Formerly described ae Ru -C :h 611.22 feat) along tho Weateily, boundary of cciw Section 6 t+;r a p0i:lt; tlt2?!r_2 NortI , 88 ciaar.Pes 01' lU" East 705.41 feet (formerly drum gibed Bast 698.94 feel) alnng a line parallel to =d 622.7G `.est at right analcc and• Nott lierly from 1.11r.? said Southerly 6UUIldary of section 6 to a point.; thence Snotlt U13 degraee 1,4' 5U" Eas G23 . U5 feel- (iT.,ri-w-4rly described as Soul -11 F;73.22 lee-) alotlq �.t litre parallel to and Z,698.72 feel: at right 311tyle,q and weaterly from tltc easterly boundary of the said southwest Qua r L eZ- of SCCticrl 6 to tlieu POTTTT OF BEGINNING. 9XCEPT biose 1x,rt.11ons deeded to Ada County IligIlway iristrIr.:t. by Deeds recorded July 26, 1977, ae InetrUment No. 7734815, mild July 22,, 1991, as Instrutrtcnt Pio. 9139679, rr-vutda of Ada County, Idaho. Page i 13 JUL-09-1956 16:02 FROM STEWART TITLE -MAIN ST.OFF TO 93881201 F.04 ORDER NO.95057077A. JiI EXHIBIT "All PARCEL Z A�NU TRUCK SPIN PARCEL A portion 'ct veaLioil 5. ''Pr,wjjKllir 3 North, Range l East, Soinp Meridian, Ada County, Iloilo, and t11at'e partinUlRrly doadribed as follc•,wm s SSGINNIN5 aL the Southwest corner o£ said SeLt-iuu h; thence North 00 degrees U!'30" Blast. 923.00 feet, a.Iotle{ the Westerljr boundary of said SeC';ivn ' 6 Lc s- po int ; thence North as degIL"es 1 H' 00" hast 276.68 feet to an iron pin cup the ccnterlitle of a dlLch, I -be REAL VVINT `OF 2ECIMIING; L' llei�cP North 16 dcgrees 01'07" Eiish 67,69 feet alcLq the center- lire—,Mf a ditch, to an iron pin; theme e North 00 degrees 39'02" Raat 49.13 feet along the center - 1 i ne of a- ditch to 'an iron pin; thl-Ice a' ong a curve to the left 44.33 feet to an iron pin, said curve having a central angle of 74 deg rYes'18'32", a tangent uE 25.9n feat and a Lcnq chord of'49..2A rest hpaxing North 35 degrees 3'0'14 West; thence. North 37 degrees 53'00" Eask"233.13 r eet to a point on the approxlmatP r-entexlina of Five Mile Drain; 1.10-11Ce South 52 degreea 50127" East 791.29 Leet along the aipproxiinate uentprline of Five Mile Drain to a i„,i.ut; tizence South 65 degrees 1G146” skmi. 41.22 ieet along the apprnxi,,,nte rpntarl.ina pt Five Mile Drain t,(.r 2L point; thence Soul•.i1 98 degrees 16,00" West 209,00 i:cet L—_ an i.r.cm .pin; thaince nnut11 8U degreCO 16'00" West 21A•00 fest to an iron tin; thence North 00 dagiees of 3o" west 21.0.61 feet to :e point: thence South 88 degrees 1G'00" WRHI 426.89 feet to the POINT OF BFC"TNNING. Page 2 JUL-09=1956 16:02 FROM STEWART TI-LE—MAIN ST.0FF TO 33881201 F.05 EXHI81'I' B' - PERMITTED DEED EXCEPTIONS , 1. General Taxes for the yeOr 1996,a Lien but not yet duo and pagahle. '. The Land described herein is located within the boundaries of the CITY OF, AERMLAN (88833) and is subjer:t to any Assessments-levied thereby. 3. The Land described herein is lomtcd-within the boundarim cif the NAMPA. MFM;)IAN Irrigation District and is subject to any Assessmems levied thereby. 4. EascmenL and the Terms and Conditions thereof: In Favor of INTLRMOLMAIN GAS COMPANY Purpose GAS LINES AND INCIDEN-TAL PURPOSES- Recurded RJN-E 29, 1973 Tnsfniment No, 85Z�0� 5. Eascmcdt. and the Teens Hud Conditions thereof: in Favor of = CTT'Y OF MIMIDIAN, STATE (jH' IDAHO Purpose SANITARY SEVER AND 1NC:IDENTkL P RP05FS Rceorded MARCH 2, 1918 Instr=ent N%,. 7810824 6. Easefa 4 and the Perms and Conditionx thereof: In Favor of INTERMOtTNTATN GAS COMPANY Put'pose GAS LINES AND INC'j'DE�'TAL PTJRPOSES Recorded JUN>r 29, 1973 Insfnt=t No. 7R OA75 7, Easerue=, and the Terms curd Conditions thereof In Favor of PAUL ZATICA- also. known its PA.LMM and M-vL% JEAN ZATICA. Purpose RIUHT-OF•WArY AND INCIDENTAL PURP0 ES Recorded APRIL 8,1922 Insuvntent No. 8214532 8. Agrrcmerrt, and the Terms and Conditions contained therein: . Dc!-ween HEA.RTLANI) M.BIUDIAN COMMERCIAL PARTNERS, a Minnesota lints A partnership and U.S. BANK OF IDAHO, N.A. Recoiled MARCH 8, 1994 Iusttwnent No. 94021293 Purpose: RECIPROCAL EASEMENT — • 283982W94AI'..j= JUL-09-1956 16:03 FROM STEWART TITLE -MAIN ST.OFF TO -93881201 F.06 9. Easement. and the Terms'and.Conditions thereof In Favor of IDAHO POWER COMPANY Purpose UNDERGROUND POWER LINES AND INCIDENTALS - t. F Recorded MARCH 13,1995 Instrument No. 95016754?;. 10. Easement, and the terms and Conditions thereof. "' In Favor of IDAHO POWER COMPANY T Pur pose UNDERGROUND POWER LINES AND INCIDENTALS Recorded MARCH 13,-19R5 Instnzment No. 95016755 11 Easement, and the terms and: Conditions thereof- In hereofIn Favor of IDAHO POWER -COMPANY Purpose UNDERGROUND POWER LINES AND INCIDENTALS Recorded,: MARCH 13,-,199 instrument No. 45016756 12. Easements as disclosed by a Survey,: Purpose SANITARY 'SEViT F., TRANSFORMERS, UNDERGROUNDPOWER, GAS"ANI) TELEPHONE,, RIGHTS-OF-WAY FOR IRRIGATION PIPES AND r STORM DRAINS, Recorded MARCH 4;1982 AND JULY 20, 1988 1 Instrument. No. 88-822, CTM -ENGINEERING . 13. Easement interest as to Parcel 2 described- hereiiL, created.bi a document .entitled "Right of Way" Cnm nor LEONARD .W. EVAN -S, and DORIS B. EVANS; husband and wife, add JAMES M. REES and ELEANOR' V. REES, husband and wife Grantee PAUL ZATICA. and :EBNA' JEAN ZATICA, husband and wife a Dated JULY 17,1973 n .Recorded: JULY 21,1973 Instrument No: 855559 r Purposes u: CONSTRUCTING- AND. OPERATING AN UNDERGROUND DRAIN TILE - - - 14. Declaration of Restrictions as affects- a leasehold interest for ALBERTSON'S, INC., a Delaware Corporation and the MAHO FIRST NATIONAL BANK., a National Banking Association, recorded FEBRUARY 26,1988'. as Instzument No. 8809219, and re-recrnded FEBRUARY 29,11989, as Instzumcnt No. 8809452, `Official Records. 2&39&L.W%b 11.D0C JUL-09-1956 16:03 FROM STEWART TILE -MAIN ST. OFF TO 93661291 P.07 15. Memorandum of Lease r - Lessor HE.4RTLAND14ERIbL4, i COMMERCIAL PARTNERS, a Minnesota iimited.pamership Lessee ALBERTSON'S INC., a Delaware corporation Term 20 YEARS . Dated MAY -40,1999 Recorded JUNE 16, 1388 histr=ent No: 8829392 . Amendment to Shopping Center Lease, Landlord HEARTLAND MERIDIAN"CO.MMERCIAL PARTNERS, a Minnesota Ihnited partnership Tenant ALBERTSON'S, .INC.,"a Delaware corporation Dated JULY 29, 1988 Recorded, OCTOBER 6r 1988 Inst =ent Na 8849373 a Memorandum of Second Amendment to Shopping Center Lease Dated JULY 21. 1994 Recorded, DECEMBERS, 1994- Iwi truhent-No. 94106300 - x 16. Unrecorded Leaseholds, if any,. and the Rights of Vendors and Holders of Security'Interests in personal property.of Tenants to remove said personal property atthe expiration of the Term. 17. Lease, and the terms and conditibns thereof Lessor HEARTLAND MERIDIAN COMMERCIAL PARTNERS Lessees ROBERT H. -REM- S, THOMAN E. SULLIVAN and DONALD J. CANTRELL NOTE: LESSEE'S INTEREST IN SAID LEASE ASSIGNED TO SPUD SR., INC., an Idaho corporation Subordination, Non -Disturbance and"Attor-=ent Agreement Between SPUD SR., INC, .= Idaho corporation and WESTERN MORTGAGE LOAM .CORPORATION - Dated AUGUST -2,,1988 Recorded- AUGUST 5,1988. Instrument No. 8838447' Regarding ROUND TABLE PIZZA 29398/t.VP MII.DOC JUL-09-1956 16:03 FROM STEWART TILE -MAIN ST. OFF TO 93881201 P.08 I$. Subordination. Non -Disturbance and Attornment Agreement . Between COAST TO COASTSTORES,(CEN7kAL and ORGANIZATION) INC. and WESTERN MORTGAGE LOAN CORPORATION Dated JULY 12, 1988 Recorded -AUGUST 5, 1188: Instrument No. 8838449 Regarding COAST TO COAST STORES 19. Subordination, Nan -Disturbance and Attornmeat Agreement Between STATE LIQUOR DISPENSARY OF IDAHO and WESTERN MORTGAGE LOAN CORPORATION Dated JULY 13,1988- * 3,1988- Recorded Recorded AUGUST 5,1988 Instrument No. 8838450, Regarding STATE LIQUOR DISPENSARY 20. Subordination, Non-Disturbance.and Attornment Agreement Between, ,, DONNA JONES-SITYLER and WESTERN MORTGAGE LOAN CORPORATION Dated JULY 13, 1988 Recorded AUGUST 5,19. 88 Instrument No. 8838453 Regarding NEW BEGINNINGS 21, Subordination, Non -Disturbance and.'Attornment Agreement Between H & V ENTER.FRISES, INC. and . WESTERN MORTGAGE LOAN CORPORATION Dated JULY I5, 1988 Recorded AUGUST 5, -1999 ° Instrument No. 8838455 Regarding PREMIERE VIDEO 22. Lease, and the terms and conditi-Ins thereof Lessor PAUL ZATIt A:=d ER.MA JEAN ZATICA, husband and Wife Lessee PROVIDENT FEDERAL SAVINGS AND LOAN ASSOCIATION - - Tenn 20 YEARS Begins DATE ON WHICH TENANT OPENS THE DEMISED PREMISES TO THE PUBLIC FOR BUSINESS Recorded FEBRUARY 12, 1981 Instrument No. $106177 - 28398/LW%601 !.DOC .JUL-09-1996 16:04 FROM STEWART TI7L=-MA1N ST.OFF TO 93881201 P.09 Subordination. Non -Disturbance and Attonvnent Agreement Betvreen PROVIDENT FEDERAL SAVINGS & LOAN ASSOCIATION and WESTERN MORTGAGE LOAN CORPORATION Dated JULY 18"1088 Recorded AUGUST 5,:1988 Instrument No. 8838456 - Regarding PROVIDENT FEDERAL SAVINGS 23. Subordination, Non -Disturbance an&A-ttornment Agreement Between WRIGHT PATr.E12SON REAL ESTATE, an Idaho sole proprietorship and WESTERN MORTGAGE LOAN CORPORATION Dated W JULY 15,1985 Recorded AUGUST 5. 1988 Instrument No. 8838457 Regarding WRIGHT-PATTERSON 24. Subordination, Non -Disturbance and Atton=ent Agreement Between WESTCO, INC., an Idaho corporation and WESTERN MORTGAGE LOAN CORPORATION Dated JULY 18. 1988. Recorded AUGUST 5,_ 1988 Instrument No. 8838458 Regarding WESTCO, INC. 25. A Non -Disturbance and Attornment Agreement Between WESTERN MORTGAGE LOAN CORPORATION, a Utah corporation acid ALBERTSON'S INC., a Delaware corporation Recorded. AUGUST 5, 1988 Instrument No. 883$460 Regarding ALBERTSON'S 26. Consent and Subordination Agreem=4 and the Terms and Conditions contained therein: Between UNITED OF OMAHA LIFE INSURANCE COMPANY and ALBERTSON'S, INC., a, -Delaware cotporatioa. Recorded DECEMBER 6,1994 . Instrument No. 94I06301 27. Easement for water line along the Westerly and Southerly boundary of the reale property as disclosed in that certain Warranty Deed recorded January 10, 1977, as .Instrument No. 7701103, records of Ada County, Idaho. �9srl,w��r..r�oc JUL-09-1956 16:04 FROM STEWART TI -LE -MAIN ST.OFF TO 9388101 F.10 28. Easement, and the Terms and Conditions thereof: . In Favor of CITY OF MEMIAN Purpose SANITARY SEVER LINE Redorded MARCH 2,1978 Instrument No. 7810824 29. Easement, and the Terms and Conditions thereof u In Favor of CITY OF MERIDIAN Purpose SANITARY SEWER LINE Recorded MARCH 2, 4978 Instrument No. xx 7810825 30. Easement, and the Terms and Conditions thereof- hereofIn InFavor of PAUL ZATICA also known as PAULINO ZATICA and ERMA- JEAN ZATICA, individuals Purpose INGRESS AND EGRESS Recorded iY APRIL 8, 1982 aw Instrument No. 8214532 - 31. Easement, and the Terms and Conditions contained therein: Between HEARTLAND MERIDIAN COMMERCIAL PARTNERS, a Minnesota limited partnership and ALBERTSON'S, INC., a Delaware corporation Recorded DECEMBER 12,19.95 Instr trnent No. 95091423 Purpose INGRESS AND EGRESS 32. Sturvey matters as disclosed by--tbi: Survey prepared by Quadrant Consulting, Inc.; dated April 22, 1998 2839&'LW%014.DOC July 1, 1996 PROPERTY DESCRIPTION A parcel of land located in the Southwest 1/4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more'particularly described as follows: Commencing at the Southwest corner of said Section 6 which is marked by a brass cap thence running North 0'16'20" West 623.04 feet (formerly -North 0001'30" West 623.00 feet) along the westerly boundary of said Section 6 to a point; thence North 88°01'10" East 277.61 feet (formerly North 88°16'00" East 276.68 feet) along a line parallel with and 622.76 feet northerly (when measured at right angles) from the southerly boundary of said Section 6 to the POINT F OF BEGINNING which is marked by.a set 5/8" diameter rebar, thence North 1694'01 " East 66.42 feet (formerly North 16°01'02" East 62.69 feet) passing through a found iron pin and along the approximate centerline of a ditch to a found iron pin, thence North 0°4344" East 49.09 feet (formerly NO°39'02" East 49.13 feet) along the approximate centerline of a ditch to a found iron pin, thence 44.39 feet (formerly 44.33 feet) along a curve to the left along the approximate centerline of said ditch to a found iron pin, said curve has a radius of 34.22 feet, a central angle of 749940" (formerly 74°18'32") and a long chord which bears North 36°26'06" West 41.34 feet (formerly North 36030114" West 41.28 feet), thence North 370371130" East 234.42 feet (formerly North 37053'00" East 239.13,feet), to a point on the southerly boundary of LaPlaya Manor Estates Subdivision as recorded in Ada County records, said point falls in the Five Mile Drain ditch, thence South 53°05'16 East (formerlySouth 52050'27" East) 791.25 feet along'said southerlybouindar;r of LaPlaya Manor Estates Subdivision to a point which falls in said Five Mile Drain ditch, thence South 65°3P35" East 91.10 feet (formerly South ,6596'46" East 91.22 feet) along'said southerly boundary of LaPlaya Manor Estates Subdivision to a point which falls in said Five Mile Drain ditch, thence leaving said southerly boundary of LaPlaya Manor Estates Subdivision South 88°10'24" West 208.32 ieet (formerly South 88°16'00" West 209.00 feet) to afound 1/2 diameter rebai, thence South 8801615411 West 216.76 feet (formerly South 88016'00" West 218.00 feet) to a found 1/2" diameter rebar, thence North 0°14'50" West 209.11 -feet (formerly North 001'30" West 210.61 feet) along a line parallel with and 1698.72 feet westerly (when measured at right angles) from the easterly boundary of said SW 1/4 of Section 6, to a set 5/8" rebar, thence South 88001'10" West 427.84 feet (formerly South 88°16'00" West 426.89 feet) along a line parallel with and 622.76 feet northerly (when measured at right angles) from the southerly boundary of said Sectiod6 to the POINT OF BEGINNING. Said parcel contains 3.54 acres, more or less. CAI PROJEM I 32'00\ZDESC.WPD, K( I �� '. 'SS 70 (.0 —3 p � f p W� fv � � I o i �o I � i I I ---�-- 1 � Cl m I 1 1151 Zi I L2 It 61 se 0 xe) -5 7. 5"o -_BARBARA.. 9v�1 is�� - - � � / I I c .1 MRY-30-1996 09:47 QURDRANT CONSULTING, INC. 208 342 0092 P.01/04 ■ ■ Quadrant .C,onsuIti.rig, Inc. FAX COVER SHEET May 29, 1996 o. Fax No.: From: Ann Marie PHONE (208) 342-0091 FAX (208) 342-0092 y Pages: 4 ,.Pages (including cover) CitFORa1WAXW7D 405 S. 8th Street, Ste. 295 • `Boise, ID 83702 • Phone (208) 342-0091 • Fax (208) 342-0092 Internet: quadrant(amicron.net Civil Engineering • Surveying . Construction Management MAY 30 '96 09:44 208 342 0092 PAGE.01 MRY-30-1996 09.48 QERQ AU WILLIAM G. BERG, JR., Ctty CIArk JANICE L GASS. City Treasurer GARY D. SMrrH, P.E.. Chy Engineer rUCE D. STUART. Water Works SUM JOHN T. SHAWCROFT. Waste Water Supt. DENNIS L SUMMERS. Parks SUPL SHARI L. STILES. P & Z Adminlstrator PATTYA. WOLFKIEL DMV Supervisor KENNETH W. 60WERS, FTs Chlel W.L. 'BILL' GORDON, Pogce Chief WAYNE G. CROOKSTON, JR.. Altomey QURDRRNT CONSULTING, INC. HUB OF TRE4SURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN,"IDAHO 83642 Phone -e-08) 88"33 • PAX (208) 687-4813 Public Works/Building Depa=cnt (208) 887-2211 Motor vchiclut civets License (208) 8884aa3 ROBERT D. CORRIE Mayor May 1, 1996, Chris Beeson GIVENS PURSLEY & HUNTLEY 277 N. 6th St., Ste. 2GO P O Box 2720 Boise, -ID 83701 208 342 0092 P.02/04 rOUNCIT MEMBERS WALT W MORROW. President .RONALD R. TOLSMA CHARLES M ROUNTREE GLENN A. BENTLEY P A Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY RE: ALBERTSON'S SHOPPING CENTER IN MERIDIAN, IDAHO A E C E I V E 0 MAY 03196 Dear Chris: You, as I understand it, are not the existing owner but are one of the proposed purchaser's of the Albertson's Shopping Center in Meridian, Idaho, from the Heartland Corporation, and have asked questions about the Shopping Centers' compliance with the Meridian Ordinances. You may want to ask these same questions when you are one of the owners. Your concern mostly, as I understand it, isE whether Albertson's Shopping Center is a non -conforming use under 11-2-405 B, SCOPE OF REGULATION, 2., Non -conforming Buildings,_ Structures and Uses, which reads as follows: "Buildings F lands, uses or structures which are non -conforming uses lose their status as non -conforming uses when ownership, or legal or equitable interest, is conveyed, transferred, or deeded, such that the owner of the non -conforming use at the time that the non -conforming status was initially determined to be a valid non -conforming use no longer resides in or on the land or structure. This section means that grandfather rights may not be transferred." And, whether upon sale and transfer of the property the property would lose any grandfather rights that it may have, or has. In my opinion the above section does mean that Albertson's Shopping Center is a non -conforming use at this time which can exist as it exists now, but would lose any grandfather rights that it may have, or has, upon its sale, transfer, or conveyance. The above opinion is supported by Section 11-2-405 B 1.-, which • states as follows: MAY 30 '96 09.45 208 342 0092 PAGE.02 MRY-30-1996 09:48 QUADRANT CONSULTING, INC. 208 342 0092 P.03/04 "Within the corporate limits of the City of Meridian, except as may otherwise be provided in this Ordinance, all uses of land or buildings established hereafter, and all structural alterations or relocation of existing buildings occurring hereafter,' shall be subject to all regulations herein which are applicable to the districts in which such buildings, uses or land shall be located." The above section requires that uses and structural alterations established after the effective date of the Zoning ordinance must comply with all applicable regulations of the district in which the land is located. Therefore, if Albertson's adds uses, has structural alterations, or similar' changes, those uses, additions or changes, would have to meet the Ordinances of the city of Meridian. Your concern, also, was meeting the parking and landscaping requirements that exist now, because any grandfather rights would be lost with the conveyance of the Shopping Center. I informed you that the OFF-STREET PARKING AND LOADING FACILITIES, are not of languageREQUIREMENTS, OFF-STREET ptho AND LOADING FACILITIES A, ERAL . Evnugh Section 1., reads as follows: "No building or structure shall be erected, substantially altered or its use changed unless permanently maintained off- street parking. and loading spaces have been provided in accordance with the provisions of this Ordinance.", Section.2., states as follows: Change of Use: When the intensity of use of any building, structure or premises shall be increased through addition of dwelling units, gross floor area, seating capacity (a horizontal unit of width of eighteen inches (18") per seat or other units of measurement specified herein for required parking), or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use. However, no owner of a building facilities." (Emphasis added.), and therefore, because of the underlined portion of the quote directly above, in my opinion, the owner of Albertson's is not required to meet the existing parking requirements at this time. Any 'grandfather rights Albertson's had to not meet the parking requirements would be lost with `the conveyance, but it is not required to meet the parking Ordinance because of the above provision. However, if uses were added or there were structural changes, because those uses or structural changes were not in existence MAY 30 '96 09:45 208 342 0092 PAGE.03, MRY-30-1996 09:49 QUADRANT CONSULTING, INC. 208 342 0092 P.04iO4 prior to passage of the Zoning Ordinance, the owner of Albertson's would be required to meet all Ordinance provisions in effect at the time construction commenced, including any parking requirement. Any new use or structural change is, governed by the existing statute under 11-2-414 A 3., which states as follows:. "New Use: Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use." 4 Regarding the landscaping that is dealt'with in 11-2-414 D, in Section'D 2. a., it states as follows: , "Landscaping: Landscaping shall be required for all off- street parking areas for multi -family residential, commercial, industrial and technical developments; ." Also, Section D 2 b., c., and d. require underground sprinkling, suitable landscaping and ground cover, at least one (1) tree of not less than three inches (3") diameter size class shall be provided for every one thousand five hundred (1,500) square feet of pavement area. This Section D -also requires that a drainage plan designed by an architect or an engineer be submitted for all off-street parking areas, which shall be approved by the City Engineer, paving, lighting, and striping. All of these requirements are not controlled by 11-2-.414 A 2. and would have to.be met. • You and Steve Sweet indicated at the City Council Meeting that these things, and other matters, would be addressed at the time of filing your new plat for the Shopping Center, which you represented would be filed. Section 11-9-605 G, PLANTING STRIPS AND RESERVE STRIPS, also deals with landscaping and, with the filing of a plat, would have to be met, as would all of the other Ordinances of the City of Meridian which are,applicable. • Steve The City expects you}to meet and perform as was represented by Sweet and yourself at the City Council Meeting. Very truly yours, WA G. CROOKSTON, JR. Meridian City Attorney WGC/jld TOTAL P.04 MAY 30 '96 09:45 208 342 0092 PAGE.04 MERIDIAN CITY COUNCIL MEETING: December 17,1996 APPLICANT: CHERRY PLAZA ASSOCIATES ITEM NUMBER; $ REQUEST: PUBLIC HEARING: REQUEST FOR PRELIMINARY/FINAL PLAT FOR FIRST STREET PLAZA `AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: COMMENTS MINUTES OF 10-8-96 P & Z MEETING SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoning Commission October 8, 1996 Page 21 Sweet: With the City's encouragement that would be easier to obtain. That reduces the efficiency of the intersection and the Highway District is trying to maximize the efficiency of Fairview at this point. Johnson: Any other questions? Apparently not at this point. This is a public hearing, is there anyone from the public that is here to comment on this application or would like to come forward. Are there any comments from staff at this time before I close the public hearing? I will close the public hearing at this time. This is item 11, annexation and zoning. And your motion is? Shearer: Mr. Chairman, I move we have the Attorney prepare findings of fact and conclusions of law on this. Borup: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING CONTINUED FROM SEPTEMBER 16,1996: REQUEST FOR A PRELIMINARY/FINAL PLAT FOR FIRST STREET PLAZA BY CHERRY PLAZA ASSOCIATES: Johnson: I will now open the public hearing, any additional comments by the Applicant? Steve Sweet, 405 S. 8th Street, Boise, was sworn by the City Attorney. Sweet: Mr. Chairman, members of the Commission, we would like to incorporate previous testimony and request your approval of the preliminary and final plat for First Street Plaza plat. Any questions? Johnson: Thank you Mr. Sweet, any questions of the applicant? Borup: Maybe on landscaping, you had made some reference to it, is that still forthcoming, the landscaping plan detail? Sweet: Yes, the landscaping as -noted in the letter we would like to landscape out there without decreasing parking. What we are proposing is (inaudible) on the end of the parking, landscaping along Fairview and these curbed islands could be landscaped (inaudible) that would lend to landscaping and dressing up the City's entryway there. We Meridian Planning & Zoning -Commission October 8, .1996 Y Page 22 haven't worked through the details, we have had discussions with staff. We would be, we are requesting a variance to the one tree pee 1500 square feet of asphalt, we don't have that much ground out there to give up without tearing asphalt out and losing parking. ;We would request a staff level review and approval of our landscape plan. Borup: That is all I had. Johnson: Commissioner Shearer? Shearer: I have nothing. Johnson: Counsel? Crookston: Nothing Johnson: Thank you Steve, anyone from the public care to comment on'thisNapplication? Any further discussion? Shearer: Do we want to hold approval of this until the annexation (inaudible). Johnson: I will close the public hearing at this time. Shearer:' Mr. Chairman, I move we table this until we get our findings of fact ;and conclusions of law back at the next meeting and then proceed with the two together. Borup: Second Y Johnson: Motion and second to table item 12 with the conditions so stated, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13:` PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR AN OFFICE/BASEMENT APARTMENT BY DENNIS AND JANET BUTTERFIELD: Johnson: I will now.open the public heaping and invite the applicant to come forward and address the Commission. Dennis Butterfield, 2833 Autumn Way, Meridian, was sworn by'the City Attorney. rt Butterfield: Basically when we applied for this we were applying for a basement apartment WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administratpr PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM HUB OF TREASURE VALLEY A Good Place to Live. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 8884443 ROBERT D. CORRIE Mayor To: ?&Z Commission/Mayor & Council From: Bruce Freckleton, Assistant to City Engineer Shan Stiles, P&Z Administrator COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA ' CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER• GREG OSLUND MALCOLM MACCOY September 11, 1996 Re: Request for Annexation and Zoning with Preliminary/Final Plat for First Street Plaza (by Cherry Plaza Partners) We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: ANNEXATION & ZONING: The legal'description submitted with this application for Annexation and Zoning appears to meet all of the criteria required by Meridian City,Resolution #158, and the Idaho' State Tax Commission. 2. As a condition of annexation, all uses proposed for the area to be annexed slrail be approved under the conditional use permit process. Particular consideration will be necessary to buffer the adjacent residential use (La Playa Manor). Five Mile Creek is designated *as a Multiple Use Pathway in the Meridian Comprehensive Plan. No encroachment of the existing easement is allowed. I ,, A development agreement is required as a condition of annexation. PRELIMINARY / FINAL PLAT GENERAL COMMENTS: Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped are to be shown on the Preliminary Plat. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the -Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. C`OFFICE\,%k?%VL\IGENERAu.L MTLAZA.PP P&Z Commission/Mayor & Council September 10, 1996 Page 2 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with development plans. 4. Water service to future development is contingent upon positive..results from a hydraulic analysis by our computer model. 5. Indicate anyexisting FEMA Floodplain Boundaries on the Preliminary Plat Map, and/or any plans to reduce said boundaries. { ti 6. Numbering of lots needs to be consecutive 7. Final plat pages 1 and 2 needs to include the signed seal of the Registered Land Surveyor. 8. Complete the final plat Certificate of Owners and accompanying Ackriowledgment. 9. Please submit a copy of the Ada County Street Name Committee's"approval letter for the Subdivision, street names, and lot numbering. Make any corrections necessary to conform. 10. Respond in writing, to each of the comments contained in this memorandum, both General and Site Specific, and submit to, the City Clerk's Office prior to the scheduled hearing. Sanitary sewer service to this project could be from existing mains 'on site. Subdivision designer shall field -verify the location of the existing sewer mains. The field -verified locations need to be shown on the revised preliminary plat map along with the dedicated easements; additional easements may or may not be required, depending on the results of field verification. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated.. Approval of further development needs to be comingen€:'upon our ability to accept the additional sanitary sewage generated. The subdivision designer is to°coordinate main sizing and routing with the Meridian Public Works Department. a 2. Water service for these lots could be from existing mains on site. Subdivision designer shall field -verify the location of the existing water mains. The field -verified locations need to be shown on the revised preliminary plat map along with the dedicated easements; additional easements may or may not be required, depending on the results of field verification. The subdivision designer is to coordinate any new main routing with the Meridian Public Works Department. Coordinate fire hydrant placement with the City of Meridian's Water Superintendent. Fire hydrant locations shall be depicted on the preliminary plat map. 3. An analysis of historical water consumption needs to be performed by the Public Works Department to determine whether additional sewer and water assessments need "to be C!,OFFICE,17NINiGENERALII SfPLAZA. PP y y 3) Building setbacks and dimensional standards in this subdivision shall be in compliance with the applicable zoning regulations of the City of Meridian. 4) Any re -subdivision of this plat shall comply with the applicable zoning regulations in effect at the time of re -subdivision. C:JDFRCE,NPWTW,GENERAV,IMTLAL.a PP P&Z Commission/Mayor & Council September 10, 1996 Page 3 collected from . the owner/applicant, prior to signature on the final plat map. The owner/applicant will be required- to enter into an Assessment Agreement with the City of Meridian with an annual review period, prior to signature on the final plat. 4. Revise the Preliminary Plat to include pressurized irrigation,. with proposed source: Any proposal for a supplementary connection from the City's water, system to the, pressurized irrigation system will need to be reviewed closely due to the size ofthe area to be watered. Applicant shall provide a statement as to the ownership of and operation and maintenance for, the pressurized irrigation system. 5. Provide a detailed lighting plan to the Public Works Department for any new proposed parking lot lighting. Illumination of the site shall be designed to not cause glare or adversely impact neighboring residential properties or the traveling public. 6. Landscaping and parking do not meet the requirements of City Ordinance. Ordinance Section 11-2-414.D.2 requires underground sprinkling and a minimum of one (1) three-inch (Y) caliper tree per 1,500 square feet of asphalt. The. Applicant -shall be required, as a condition of platting, to meet current Ordinance requirements (Ordinance Section 11-2-406.D.) unless a variance is granted by the City Council. Sufficient room is available along Fairview/Cherry Lane to provide a planting strip adjacent to the roadway. In addition, landscaping can and should be incorporated within the parking lot to provide better traffic circulation and ease the impact of the "heat island" this parking lot creates. Applicant is to submit a detailed landscape plan for approval. A letter of credit, cash, or approved surety bond is required for necessary improvements prior to signature on the final plat. 7. All signs must meet the requirements of Meridian Ordinance. Off -premise signs are not permitted. Shared signage such as that currently existing on the site needs to be included in a common lot or relocated. 8._ ACHD requirements; City policy and Comprehensive Plan dictate that -0 section line roads have a minimum 90' right-of-way. 9. All modifications and/or additions to the site drainage, system must be reviewed by the Public Works Department per City Ordinance. Two parking areas have been constructed in the recent past without the review and approval of the City of Meridian. 10. Add the following notes to the final plat: 3) Building setbacks and dimensional standards in this subdivision shall be in compliance with the applicable zoning regulations of the City of Meridian. 4) Any .re -subdivision of this plat shall comply with the applicable zoning regulations in effect at the time of re -subdivision. C: AIFICE,UTW IN1G ENEP AL\ I STPLALL PP P&Z Commission/Mayor & Council September 10, 1996 Page 4 5) The owner' of each lot, across which passes an irrigation/drainage ditch or pipe, is responsible for the maintenance thereof, unless such responsibility is assumed by an irrigation/drainage district. 6) The bottom elevation of building footings shall be set a minimum of 12" above the highest established seasonal ground water elevation. 11. Isn't there an existing easement for the Settler's ditch as it traverses across the site? v CAOFFICEMMf� ,GENERAL', I STPLAZA.PP WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place io Live CITY OF MERIDIAN 33 EAST IDAHO -MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 8884443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION, JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: September 3. 1996 TRANSMITTAL DATE: 8/19/96 HEARING DATE: 9/10/96 REQUEST: Preliminary/Final Plat for First Street Plaza BY: Chen Plaza Associates LOCATION OF PROPERTY OR PROJECT: NE corner of Fairview and North Meridian Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, PIZ _ ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PREUM & FINAL PLAT) GLENN BENTLEY, C/C WATER DEPARTMENT INTERMOUNTAIN GAS(PREUM'& F NA 'r) BUREAU OF RECLAMATI'N(PR I PLA SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT , XPOUCE DEPARTMENT YOUR CONCISE REMARKS: CITY ATTORNEY CITY ENGINEER CITY PLANNER AUG 1ga6 CITY OF MERIDM WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, ,Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE vALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Depaznncw (2D8) 897.2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY 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 St Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: September 3. 1996 TRANSMITTAL DATE: 8/19/96 HEARING'DATE: 9/10/96 REQUEST: Preliminary/Final Plat for First Street Plaza BY: Cheng Plaza Associates LOCATION OF PROPERTY OR PROJECT: _ NE car of Fairview and North Meridian Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z JIM SHEARER, P/Z MERIDIAN'POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION - -... KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR RONALD TOLSMA, C/C NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMtNT BUILDING DEPARTMENT IDAHO POWER CO -(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINt.L PLAT) CITY FILES O I OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER /Vl J+ -r ' rr✓`2 F (��eyo r = ; : G L iv -- CITY PLANNER I'D /'p C� 7°' 7s - •��'»— - vasa +ua.aaa a.ana. `!J v..vv1G - y ADA COUNTY HIGHWAY DISTRICT Development Services Division �: = n .Development Application Report Preliminary Plat & Annexation - First Street Plaza/UTP-14-96/MA-3-96 First Street Plaza is a 4 -lot commercial subdivision on 12:6'total acres. The applicant is also requesting annexation of 3.54 -acres with a change of zoning designation from RT to C -G. The site is located on the northeast corner of Fairview Avenue and Meridian Road. Assuming. complete commercial development, the 3.54 -acre annexation parcel is estimated to generate 2,380 additional (8,820 total) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. However, the applicant is proposing no new development` with this application. Roads impacted by this development: Fairview Avenue Meridian Road *4 ACHD Commission Date - October 16, 1996 - 12:00 p.m. k OCT 07 '96 15:54 208 345 7650 PAGE.36 ,: WJvv l i u1L -­. t Facts and Findings:, O , A. General information Owner - Cherry Plaza Associates, LLC Applicant - Christopher J. Beeson RT - Existing zoning., C-C - Requested zoning 12.60 - Acres total, including the 3.54-acres requested for annexation 4 Commercial lots n/a --Square feet of existing building 264 - Traffic Analysis Zone (TAZ) a West Ada County,- impact Fee Benefit Zone Western Cities - Impact Fee Assessment District �u Fairview Avenue Principal arterial with bike route designation Traffic count 18,966 on 6/16/93 650-feet of frontage 80 to 100-feet existing right-of-way (40-feet north of section line) 95-feet required right-of-way for an additional lane (53-feet north of section line) Fairview Avenue is improved with five lanes with,curb, gutter and sidewalk. Meridian Road Minor arterial with bike lane designation Trak count 13,655 on 9/20/93 585 -feet of frontage 50 to 80 -feet existing right-of-way (40 -feet east of section line for approximately 60 -feet at Fairview Avenue, tapering to 36 -feet at the north boundary of the site) 90 -feet required right-of-way for a 5 -lane constrained corridor, (45 -feet from centerline) Meridian R%yad is improved with five lanes with curb at the intersection;, gutter and sidewalk tapering,to three lanes at the north boundary of this site. The centerline of Meridian Road is currently offset approximately 15 -feet to the west of the section line abutting the majority of the site. B. The existing commercial development does not meet Meridian's required amount of parking spaces. Staff is recommending that additional right-of-way be dedicated on both Meridian Road and Fairview Avenue, which will eliminate parking spaces when the streets are widened in the future. The City of Meridian is requiring the applicant to provide landscaping as a condition of the subdivision approval. FIRSTS T R. WPD Page 2 OCT 07 '96 15:54 22R_34r1 7rF0 por=_a7 v I—v 1 -moo—rte -�� G SS -45 a - cnr_c Mc �Ewuuo: U1, Until the streets are widened, the parking spaces in the new right-of-way could continue to be used through a license agreement with the District. On the positive side, the required landscaping would be located outside of tine future roadway, and would not have to be relocated when the streets are widened. Staff is recommending using the constrained corridor width on Meridian Road due to the location of a below grade docking ramp for the Albertson's store on.the west side of the building that would be very expensive to relocate. The near corner. of the docking ramp is 8 to 10 -feet from the current right-of-way line. The parcel at the northwest corner of Meridian Road and Fairview Avenue is currently undeveloped and the current centerline is offset 15 -feet west of section line in this area. In view of the complicating factors, staff recommends that a minimum of 5 additional feet be dedicated along Meridian Road abutting the subject site. C. There are five existing driveways to the site - three on Meridian Road and two on Fairview Avenue. Two of the driveways closest to the Meridian Road/Fairview Avenue intersection do not meet District policy, which requires 220 -foot of separation from the nearest cross street. D. The driveway on Meridian Road located 154 -feet north of the Fairview Avenue/Meridian Road intersection does not meet District's requirements. Staff recommends a variance to allow the use of the existing driveway, provided the applicant restrict the driveway to right turns only and construct a 6 -inch raised median in the center of Meridian Road from the Fairview Avenue/Meridian Road intersection to a point 50 -feet beyond the northemedg'e of the driveway. E. There is a driveway on Fairview Avenue, located 157-feet.east of Meridian Road. This driveway does not meet District's requirements. Staff recommends a variance to allow the use of this existing. driveway provided the applicant restricts it to right turns only and reconstructs it as a curb return driveway with 15 -foot curb radii. The applicant should be r, required to construct a 6 -inch raised median, in the center of Fairview Avenue, from the Meridian Road stop bar to the western end of the existing median to prohibit left turns. F. 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 (if not previously provided) and all internal lots 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 tothe east if they are the subject of a future development application. I F]RSTSTR.wPD Page 3 OCT 07 '96 15:55 208 745 :i:^7.n cors me ------ vans Am..Msuan l W --J VUV/ V.L G. District policy requires the applicant to construct a pedestrian ramp at the northeast corner of Fairview Avenue and Meridian Road. The construction of the pedestrian ramp should comply with ADA standards. Construction of the pedestrian ramp should be coordinated with District Staff. H. There is a sub -standard pedestrian ramp located at the northwest'comer a(Fairview Avenue and E. 1st Street (on the west site of the signalized entrance to the mall am) that is in conflict withanexisting utility pole and utility box. The applicant should relocate the pedestrian ramp to reduce the conflict with the utility pole and box. The pedestrian ramp should be constructed in compliance with ADA standards. Coordinate the construction and location with District Staff. I. The applicant has a curb cut driveway on Meridian Road located approximately 554 -feet north of Fairview Avenue. The applicant should replace the curb cut driveway on Meridian Road, with a 30 -foot wide curb return driveway with 15 -foot curb radii abutting Meridian Road because Meridian Road is an arterial. J. The curb return driveway on Meridian Road, located 354 -feet north of Fairview Avenue, meets District policy. K. ACHD's Park & Ride Division Staff have indicated the need for a park and ride location at the applicant's site. The District requests that applicant grant the District an easement for a 10 to 12 -space Park & Ride area at this site. LCoordinate the location with District Ride Share staff (345 -POOL). L. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. M. The existing transportation system will be ade4uate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following requirements are provided as conditions for approval: Special Request of the Applicant: 1. The applicant has indicated that parking at this site is limited. District Rideshare staff has indicated a flexibility in the location of the easement (i.e., behind the building in the vacant lot) for a park and ride site. The District would be very appreciative if the applicant granted the District an easement for a 10 to 12 -space Park & Ride area. Coordinate the location with District Ride Share (345 -POOL). DRAFT FWTSTR.wPD Page 4 OCT 07 '96 15:56 z09 745 79�a oor,_ no DRAFT Site Specific Requirements: 1. Dedicate 53 -feet of right-of-way north of the section line of Fairview Avenue abutting the parcel (13 additional feet) 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. The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. N the owner wishes to be paid for the additional right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #188. 2. Dedicate 45 -feet of right-of-way east of the section line of Meridian Road abutting the parcel (5 to 23 -feet additional) 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 fust. The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. V the owner wishes to be paid for the additional right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section -15 of ACHD Ordinance #188. 3 Provide a recorded cross access easement for the parcel to the east (if not previously provided) and all internal lots 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 and the internal lots if they are the subject of a future development 'application. I 4. Construct a pedestrian ramp at the northeast corner of Fairview Avenue and Meridian Road, abutting the site. The construction of the pedestrian ramp shall meet ADA standards. 5. Relocate the pedestrian ramp at the northwest corner of Fairview Avenue and E. 1st Street to reduce the conflict with the pedestrian ramp and the existing utility pole and box. Coordinate the construction and relocation of the pedestrian ramp with District Staff to meet ADA standards. 6. Replace the curb cut driveway on Meridian Road, located approximately 554 -feet north of Fairview Avenue, with a standard 30 -foot wide curb return with a 15 -foot radii. 7. Restrict the curb return driveway on Meridian Road, located approximately 154 -feet north of Fairview Avenue, to right turns only. Coordinate appropriate signage with District Staff. 8. Replace the curb cut driveway on Fairview Avenue, located approximately 157 -feet east of Meridian Road, with a standard curb return driveway with 15 -foot curb radii. The driveway shall be restricted to right turns only with appropriate signage. 9. The curb return driveway on Meridian Road, located 354 -feet north of Fairview Avenue, is approved. FIRSTSTR.wPD Page 5 OCT 07 '96 15:57 - nn .-..... - - a vasa Raa+a1lYLLii• . %;.J V11/ VIZ 10. Construct a 6 -inch raised median in the center of Fairview Avenue, from the western edge of the driveway to the existing median on Fairview Ave 'we, Jo prohibit left hand turn`s at this driveway. Coordinate the design of the median with District Staff. 11. Construct a 6 -inch raised median in the center of Meridian. Road from rice Fairview Avenue/Meridian Road intersection to a point 50 -feet beyond the northern edge of the driveway to prohibit left hand turns at this driveway. Coordinate the design of the median with District Staff. 12. As required by District policy, restrictions on the width, manber and locations of driveways, shall be placed on future development of this parcel: Standard Requirements: 1. A request for, modification, variance or waiver of any regaairement or policy outlined herein shall be made, in writing to the ACHD Development Services Supervisor. The reques_ t shy specifically identify each requirement to be reconsidered and include a written erp�anation of Why sucha reouirement t=you result in a mbst?ntial hanishin or ine� �i Th wt -mm request shalLbe submitted to the District no later than 9:W a m on the ft 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 tate item from the consent agenda and report to the Commission regarding the requested modification,_ variance or .. waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACRD Commission action, any request for reconsideration of the Commission's' action shall be made in writing to the Development Services Supeor within two days of the action and shall include a minimum fee of $110.00. The request for re siderA ion shall specifically identifyeach reouirement to be reconsidered and include writtewaocumemation of data that was not available to the Commiscion at the time of its originalderision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. if the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable, road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. FIRSTSTRWPD Page 6 OCT 07 '96 is : 58 -„Ma '7„� n- 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 ACHD 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 developmentshall'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. 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property, unless a waiver/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. Conclusion of Law: 1. ACRD 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 Development Services Division at 345-7662. FIRSTSTR.WPD Page 7 SUBDIVISION EVALUATION SHEET CVED AUG 2 7 1966 CITY OF MER.IDW Proposed Development Name -FIRST STREET PLAZA SUB City MERIDIAN Date Reviewed 8/22/96 Preliminary Stage XXXXX Final XXXXX Engineer/Developer Quadrant' Consulting. Inc. / Cheny Plaza Associates The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. The following existing street names shall appear on the plat as: "N. MERIDIAN ROAD" "E. FAIRVIEW AVENUE" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, Ada County Engineer Ada Planning Assoc. City of Meridian Meridian Fire. District John Prieste( Terri Representative, Representative ""'ENTATIYES OR DESIGNEES Date Date I .c� Date 4 &>AY Date Z Z ` 176 NOTE: -A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the 'final plat", otherwise the plat will not be signed M! Sub Index Street Index 3N 1 E 06 Section �f/lx :` NUMBERING OF LOTS AND B 4e Idl 3 "September 1996 A ttn: Will 'Berg, City Clerk City of Meridian. 33 East /daho Meridian, 1D 83642 p.P Y y 7 fl i°sLX �: 1503 FIRST STREET SOUTH NAMIPA, IDAHO 83651-4395 FAX # 208-888-6201 RE: PRELIMINARY/FINAL PLAT FOR FIRST STREET PLAZA i' Phoxe&" ,A:rea'Code 208 ti OFFICE: Nampa "466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 Nampa & Meridian Irrigation District has an easement on the Five Mile Drain which courses through the project. The right-of-way of the Five Mile Drain is 100 ft; 50 feet from the center each way facing downstream. The Five Mile Drain is a contract drain with the Federal Government and they may have other easements or requirements. Please contact John Caywood at the Bureau of Reclamation, 334- 1463. See Idaho Code 42 -1208 --RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John P. Anderson or Bill Henson at either 466-0663 or 345-2431 for approval before any encroachment or change of right-of- way occur:.. Nampa & Meridian Irrigation District requires a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. Ifany surface drainage leaves the site, Nampa & Meridian Irrigation District must review drainage plans. Contact Donna Moore at 343-1884 or 466-7861 for further information. Page 1 of 2 APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 3 September 1996 City of Meridian Page 2of2 CITY y7py' +fig+ w 7.— 9 {" Fey The developer must comply with Idaho `Code 31-3805. It is recommended that irrigation water be made available to all developments within Nampa & Meridian Irrigation District. Sincerely, Bil� nson A st. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln PC: File - Shop File - office Water Superintendent Vi 1�S.d3o�3i�L� 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 5 September 1996 Phones: Area Code 208 OFFICE: Nampa 466-7861 Chuck Christensen Boise 343-1884 Quadrant Consulting, Inc. SHOP: Nampa 466-0663 405 S. 8th Street, Suite 295 Boise 345-2431 Boise, ID 83702 RE: Land Use Change Application for First Street Plaza Dear Mr. Christensen: Enclosed please find a Land Use Change Application for_.your use to file with the Irrigation District for its review on the above - referenced development. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson-, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent Cherry Plaza Associates L.L.0 Ada County Development Services City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Ms.. Shari Stiles October 8, 1996 Page'4 ®�C I EmC. I Fire Hvdrants Fire hydrant locations will -be depicted upon the revised preliminary plat., 3. Historical Water Consumption Analyis/A'sseesment Aare_ement A -letter will be submitted to the City Engineer requesting a consumption analysis of water and sewer for -the ekistingasite. The applicants will work with the City toward developing a mutually suitable Assessment Agreement with the respective lot owners_ 4. Pressurized Irrigation 4The revised preliminary'plat will include a7 plan depicting Pressurized irrigation anti a proposed source. Upon evaluating the most recent title report, we believe no valid water rights are appurtenant to the property. For the currently developed area (Preliminary Plat Lots 3 and 4, plus the developed portion of Lot 2), -the applicants propose to utilize a new meter connecting g For Preliminary Plat Lot I,the applicants will attempt to.the existing domestic,watersupply. , �to obtaima water right to utilize an imgation'source from the Five Mile Drain. 5. Detailed Lighting Plan No ne%Vlighting is proposed for the site, hence,'a detailed li tin-` gh a plan will not be submitted ,for the site. 6. L.andsca'yina and Parking a.. , -_. Landscaping ,,The applicants are requesting a variance from the Design Standards for Off -Street • Parking," particularly' the, requirement for one tree per 1;500 square feet of pavement area: In concept, the applicants will propose to include at least one three-inch caliper tree per curbed traffic island and as recommended by a licensed landscape architect for a landscape strip along Fairview Avenue/Cherry Lane. a The site presently contains some landscaping in the vicinity, of the credit union. The - applicants. intend to submit a landscape pian for a staff -level review and approval. The ;plan will be designed to`be: a) compadble`.withthe existing plantings, b) enhance the City's entryway corridors (Meridian Road and Fairview Avenue), c) maintain compatibility with any plans to•improve site circulation, and d)n aiirtain the sante' number, of car parking stalls on-site. b., Parking 'The applicants will prepare a revised parking plan for the site which will be designed to: °; a) improve site circulation, b) maintain compatibility with the landscaping plan, and�c) maintain the existing parking count. Current on-site parking count is 423. Current gross building area is 121,783 square feet. Since the Cherry Plaza Shopping Center was lawfully erected and in use prior to the effective date of the City's Zoning Ordinance (April 2, 1984), the applicant does not contemplate having to meet the current parking Ordinance, as parking is maximized on the., site as is today. This scenario was apparently contemplated when the City adopted the Change of Use provision under Section -2-414 A 2. OCT 08 ' 96 16:09 Ms. Shari Stiles October 8, 1996. Page 5 � ■■ C 7. Suns A pylon sign exists which possibly could be considered an off -premise sign under the existing Zoning and Development Ordinance. The applicant proposes to maintain the existing sign as it was generally constructed at the date of applications for annexation and subdivision. A cross=use easement concerning the sign between the applicants has been previously recorded and will be noted on the final plat 8. Section Line Road Rights -of Wav The project has previously provided right-of-way dedications as requested by the ACRD Commission. Subjeet`to acceptable conditions of approval, the applicants will comply with the ACHD's requirements. 9. Site Drainage Modifications an r Addition No site drainage modifications or additions are contemplated at the time of application. The conditions requested by the CDHD will be applied to any future development as appropriate. 10. Final Plat Notes The applicants agree to place notes on the final plat concerning: a) setbacks, b) rc-subdivision of lots, c)' irrigation/drainage facility maintenance, and d) footings. 1 l . Settlers Canal Easement No recorded easement has been located for the Settlers Canal. Maintenance of the buried canal is the responsibility of the owner of the lots through which the canal passes. The applicants will attempt to`develop a mutually agreeable easement, between the Irrigation District and themselves which can be recorded on the final plat. 12. Reciprocal Easement A rcem nt The Owners have entered into a Reciprocal Easement Agreement for easements for cross access, cross parking, and cross utility easements, as well as maintenance of the same. A copy will be provided to staff for project records prior to the City Engineer's signature on the final plat. The instrument number of the agreement will be noted on the final plat. This ends our discussion on the points covered in the Staff memo of September 11, 1996. Thank you for this opportunity to respond. Sincerely, QUAD T CONSULTING, INC. Stephen 14. Sweet, PE Principal cc: Rick Clark, Cherry Plaza Associates (Fax: 345-9228) Chris Beeson, Cherry Plaza Associates (Fax: 338-1201) Jason O'Very, Albertson's (Fax: 385-6888) Brad Beckstrom, Hawley Troxell Ennis & Hawley (Fax: 342-3829) rlkm c C.U164C0N4.WPD TOTAL OCT 08 '96 16:09 F. 05 ri1 iIDD`LK (PD[) JNOIy 1/00-iK (IOL) r �MN n new ww 'r. I u3min IIL 4'S 'vN �MyS SW 011V01 'out '6uilinsuoo �uo.ipon()MM ■. Z.: 'T,OY - .1 M/ld NOUVInadjo VZV7d Ahf83HO -- r " I io ------------ ------------ --------------------------J QV08 NVIQ18314 H.680N "MERIDIAN CITY COUNCIL MEETING: December 17.1996 APPLICANT: CHERRY PLAZA ASSOCIATES ITEM NUMBER; 7 REQUEST: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO C -C AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: 1 CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: { MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS MINUTES OF 10-8-96 P & Z MEETING SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" SEE ATTACHED COMMENTS ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoning Commission y October 8; 1996 Page . 15 use request by the applicant for the, property described in the application and the conditions set forth in these findings of fact and conclusions of law. 71 Borup: Second , Johnson: A motion and d second to pass'a recommendation onto -the City -'as read, all those in favor? Opposed? i ,x MOTION: CARRIED: All 'Yea ITEM #11: PUBLIC ,HEARING CONTINUED_ FROM SEPTEMBER 16;`1996: REQUEST FOR ANNEXATION AND ZONING TO C -C BY CHERRY PLAZA ASSOCIATES:. Johnson: This is a continuation of a public hearing, do I need to re -open it? ,r Crookston: Yes , 'Johnson:l will re -open the public hearing at this time. Is the applicant or a representative y from Cherry Plaza Associates? Would you like to come forward -and address, the Commission please.. Chris Beeson, 840 East ,Curling Drive, Boise, was sworn by the City Attorney. i. Beeson:, I apologize, our engineer was goiri'g to befiere tonight as well, I don't know what has, caused his delay., g. Johnson: Well=he-just figured we would be°here all night. Beeson,-. In early this, Spring Albertsons a,ome and applicationfto th6CitYnd m,y gru ad Council oto cubdi ride or do a lot split on our Cherry Plaza 'slic�pping center so: that Albertson's -could own their parcel, separate from the rest of-the,other one-... -The, City Council at that time endorsed our application to do that and'directed that we follow that up with a subdivision application' At the time`we were doing that we also discussed,with-staff that the,parcel in the rear of the shopping cerate was an out parcel and°it would,be an -appropriate time to bring it into the City just to get'rid of the infill parcel: �We don't have any specific development plans for that parcel at this time: Weare just getting'it zoned and leaving it there as a lot. The main purpose,of-our application is. not to -construct any improvements but rather to reconfigure lots,in a minor fashion between the Albertson's parcel and the shops parcel so that they could also own frontage, alongFairview Avenue as opposed to just the frontage on Meridian. So, that was,thebasis of our. application. We have tWorked with staff, we have prepared a° response to the- staff s cohditicns and i I Meridian Planning & Zoning Commission October 8, 1996 Page 16 basically don't have any, issues with staff's proposal. We would agree to have any further development of the rear parcel, I believe it is proposed lot 1 subject to a conditional use at the time of development might.be proposed in the future. We would work with staff and with the Commission to come up with a traffic circulation plan to try to deal with the problem of ingress and egress. I think'primarily as East 1 st moves into the center there. We do have some ideas for that and I hoped Steve would bring the plan here. The other 1 thing�we are trying to do is as we do that was to not degrade the parking any further than it already is because as I am sure you know it is pretty tight., We will also be as staff has { requested planning a landscaping strip along. Fairview Avenue and in some of the end islands'on the parking aisles to put some definition into the parking lot. Those would have the trees on them. Now as part of what we would be doing and in talking to staff they would probably have to submit a separate application. We will be requesting a variance from the standard landscaping requirements for the center becuase there isn't enough area left to do what would be required (End of Tape) is contemplating requiring an i addition of right of way taking along Fairview Avenue so that they can add another lane to that. Johnson: We did receive the draft today, I haven't had an opportunity to review it in detail. .Beeson: And we don't even know if it is final yet Mr. Chairman: You will see some of the points that they have got on there. And they are also requesting a right of way take along Meridian Road although now in the.first part of it,- it reads that they are talking about a five foot taking, for a while they were talking about a 23 foot but that would get into that truck dock'on the Albertson's building so they have kind of backed off on that. So if, the requirements of the City at -least as we know them today seem to be things that we can deal with, with regard to our application. Whether or not we can get by with the Ada County requirements the Highway District remains to be seen. They also want to require a further median strip at those intersections along Meridian Road and Fairview Avenue to prevent the curb cuts next to the little credit union thing from being used as full turns. They would like those to be right turns only. That was all reconstructed two, years ago and they kind of agreed to that configuration but apparently they decided they would like further changes now and we are still trying to work with them on that. I believe Ms. Stiles has provided, although I apologize for the lateness of it, our response to the staff report. But as I said we didn't really have any issues with that. There were a few things where we did note that we kind of expected that except for tiling the Settlers Canal in the back there is a little strip of it back there next to Cumba's day care center adjacent to our property that we would. fill now. Do the landscaping and try to come up with a better proposal for you on the parking. Then that would be what would apply to the current structure that is there. The rest of it would apply to some development that might occur with that piece in the back. I stalled long enough for Steve to get here, this is Steve Sweet from Quadrant Engineering who is our engineer. .ip Meridian Planning &Zoning Commission October 8, 1996 Page 17 ' Johnson: Steve while you are here and if you are going to comment we might as well swear you in as well. Steve Sweet, 405"S. 8th Street, Boise, was sworn by the City Attorney. Sweet: Mr. Crookston 1 believe was aware of our application at the City Council. For the benefit of the crowd this is the Cherry Plaza current configuration, the point we want to bring out here is that there is a 12 acre site which includes a number of 20 businesses in Cherry Plaza including Albertson's and a bank in the store, Pioneer Federal Credit. The applicant has come before the City for a request for a resubdivision previously and during the process which is allowed under the ordinance of the City we agreed to provide a plat on this 9 acre parcel with the piece that is already annexed to the City. And to bring in a 3.6 acre, not quite an out parcel, it is not quite an enclave but close to an out parcel into the City. This is vacant ground today, it is not even a pasture, just a non -utilized (inaudible). North of the site has La Playa Manor, Five Mile Drain we share the boundary inside that, the ravine that forms the drain there. To the north and west is the Cumba day care, I believe that is the name, that is what we have gone with. The vacant site and US Bank occupy the corner here and I believe,the relocated at this time to another store. Johnson: Yes they have and that day care for the record is Horizon I think. Sweet: In our application for resubdivision (inaudible) we came in and asked for two parcels and said we would come back tonight before you with an annexation and a plat. This is the new lot numbering to meet Ada County's concerns, it is different from your preliminary plat. As'we talked through this tonight while we refer (inaudible) that is incorrect, this drawing reflects how we will meet the County Engineer's concerns. Shari has provided us with a number of concerns and some conditions. We have met with Shari and responded in writing. After we visited with her today we had some revisions and I have a revised copy,: and everybody has a copy of that? Johnson: Yes we have one dated 10-8. Sweet: That is today, that is the revised document. What we would like to point out to the Commission, this is an existing site. We would like to come in with a platting and annexation with reasonable conditions. The City of Meridian has been fairly reasonable and would want you to be aware that Ada County Highway District, is goign to have, we are going to have further negotiations with the Highway District. Subject to the outcome of some of those discussions the plat may, or may not go forward. It is our intention .o go forward short of paving a seven mile stretcn in Western Ada County for the Hignway District. Meridian Planning & Zoning Commission October 8, 1996 Page 18 : Johnson: Mr. Beeson touched on that. Sweet: Following our -application for the resubdivision Albertson's has purchased lot 2, Albertson's and Cherry Plaza Associates are applicants in this subdivision. Mr. Chairman, how detailed would you like to go tonight on these conditions? Johnson: Well I am hoping you will shut up soon so we can go -home. Did you want a political answer? r Sweet: I frankly like that answer. r Johnson: I know you are trying to earn your keep becuase you were late and you are trying to impress your client I think we understand it pretty well. The main issue is the t annexation of the piece of dirt now that is basically weeds. That is what we are here for are we not. We realize there are things that have to be worked out with ACHD but that is beyond our control and something you will have to do. Sweet: There has been concern by Council on circulation on the site. This is a revised circulation plan. There has been concern by staff on need to increase the landscaping that is there, the seven trees that are around Pioneer Federal Credit Union. Johnson: Yes Mr. Beeson talked about that and that is an issue that will have to be worked out with staff. There are some limitations there just becuase of the amount of land that is left there. Sweet: Mr. Chairman, with your permission I would like to sit down and shut up and would stand for questions at your pleasure. Johnson: I am sorry, I did issue a pretty strong hint there. Do we have any questions of either Mr. Beeson or Mr. Sweet. Borup: i think the last drawing probably answered some questions that I was curious on as why part of lot 2 jogged out to the back, is that for additional. employee parking? Sweet: There is a parking lot (inaudible) access has been difficult around the store site, Albertson (inaudible) Johnson: That parking lot has been there almost a year now hasn't it? Sweet: A little over a year. (inaudible) i Meridian Planning & Zoning Commission { October 8, 1996 Page 19 Shearer: I'see your''new configuration will keep me from cutting across the parking lot. Johnson: That is a nightmare in there there, flip that over please. i Sweet: (Inaudible) Johnson: Well the whole thing, a lot of that is beyond your control it is just what they did last time through. It makes it confusing. ` Borup: The other thing I was curious on is what do you anticipate access to lot 4? ' Johnson: The old four or the new four? Sweet: It would have to either be (inaudible) probably have to be out through this property I or down the back or out through here (inaudible). The clerk is passing out a reduced ! version (inaudible) On that drawing there are some lighter dash lines those are existing I parking stalls, the heavier lines are the proposed (inaudible). We would be asking for a variance in providing some compact spaces, a little bigger than 7.5 foot and we are (inaudible) 8 foot width along Fairview behind a landscaping strip in there. Johnson: We have noticed a lot' of developments have just done away with compact parking because no one pays much attention to it. i Crookston: Mr. Chairman, do you own the property to the east of this?. Beeson: The US Bank (inaudible) 1 Crookston: To the north of where the US Bank was? l Beeson: Out here where proposed lot ". . o 4 comes back in here, that part yes, not the frontage. i Crookston: How are you placing that, -'what appears to be a parking area? Beeson: This one here, that does exist today and'there is a recorded easement for that. When Albertson's did the remodel, as part of that they put the structure on here and they also made a deal with US Bank to add these 18 spaces to that. Crookston: Is that easement in your,name? Beeson: It runs with the land and it isappurtenantto the shopping center'(inauftie) M, 6ridian Planning & Zoning Commission October 8, 1996 Page 20 Sweet: Those 18 stalls in that parking area -are, not included -in the 423 we show in the totals Johnson: Is that 423 is that a substantial increase is that an increase? Sweet That'is eXisting. Johnson: Am I correct -in saying we are really not gaining,any additional parking?'' arking?' f Sweet: I think I have squeezed another stalls out of this site. And going from a 10 foot stall to a 9 foot City standard (inaudible). Johnson: So you just picked up about 10 parking spots. Sweet: That is correct (inaudible) 25 foot road, City standard road. Shearer: Which public hearing are -we in? (inaudible) ¢ ° Johnson: We are jusf'asking questions, that`is pertinent and we can incorporate that testimony into the other `one. Any other`questions?= Beeson: Can you see what these arrows are here, is that legible on the little one. Johnson: Isn't that the way the traffic flows now? Beeson: No, what they have come up with to help try and solve this problem is the way it currently is the one, the left lane is left and_ straight,so the people -that are trying to go straight (inauHible) so that is,on6,of the,things that causes the str.,cking..What we are proposing is'that ACHD would go along with this is to have the left lane be only left only and the right lane be straight and right so that it would keep moving and reduce some of the`stackirig. Also, what Steve is -proposing here',is that there be signage and a curb line here to help prevent people from coming out of here and trying to get in there. That they would basically have to go',around and, then come back this way to avoid -kind of, the Russian Roulette stacking (inaudible). Johnson: Couldn't'they do the same thing.with.altering the_ traffic signal itself, does that accomplish' the same.thing?,So you could go proceed on green and the oncoming lane would be halted, Like they do_.in a lot of areas. Like they do on the corner of Ustick and Cole for example. , Meridian Planning & Zoning Commission October 8, 1996 Page 21 a Sweet: With the City's encouragement that would be easier to obtain. That reduces the efficiency of the intersection and the Highway District is trying to maximize the efficiency of Fairview at this point. Johnson: Any other questions? Apparently not at this point. This is a public hearing, is there anyone from the public that is here to comment on this application or would like to come forward. Are there any comments from staff at this time before I close the public hearing? 1 will close the public hearing at this time. This is item 11, annexation and zoning. And your motion is? Shearer: Mr. Chairman, I move we have the Attorney prepare findings of fact and conclusions of law on this. Borup: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of } fact and conclusions of law all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING CONTINUED FROM SEPTEMBER 16,1996: REQUEST FOR PRELIMINARY/FINAL PLAT FOR'FIRST STREET PLAZA BY CHERRY PLAZA ASSOCIATES: Johnson: I will now open the public hearing, any additional comments by the Applicant? Steve Sweet, 405 S. 8th Street, Boise, was sworn by the City Attorney. Sweet: Mr. Chairman, members of the Commission, we would like to incorporate previous testimony and request your approval of the preliminary and final plat for First Street Piaza plat. Any questions? E Johnson: Thank you Mr. Sweet, any questions of the applicant?, Borup: Maybe on landscaping, you had made some reference to it, is that still forthcoming, the landscaping plan detail? Sweet: Yes, the landscaping as noted in the letter we would like to landscape out there 2 without decreasing parking. What we are proposing is (inaudible) on the end of the parking, landscaping along Fairview and these curbed islands could be landscaped 3 (inaudible) that would lend to landscaping and dressing up the City's entryway there. We A - fl t WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM:` HUB OF TREASURE VALLEY A Good N= to Live - CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO "83642 Phone (208) 888-4433 -FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor To: P&Z Commission/Mayor & Council From: 'Bruce Freckleton, Assistant to CityEngineer Shari Stiles, P&Z Administrator COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY September 11, 1996 Re: Request for Annexation :and Zoning with Preliminary/Final Plat for First Street Plaza (by Cherry Plaza Partners) We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: ANNEXATION & ZONING: The legal description submitted with this application for Annexation and Zoning appears to meet all of the criteria required by Meridian City Resolution # 158, and the Idaho State Tax Commission. 2., As a condition of annexation, all uses proposed for the area to be annexed shall be approved under the conditional use permit process. Particular consideration will be necessary to buffer the adjacent residential use (La'Playa Manor). Five Mile Creek is designated a:s a Multiple Use Pathway in the Meridian Comprehensive Plan. No encroachment of the existing easement is allowed. 3. A development agreement is required as a condition of annexation. PRELIMINARY /FINAL PLAT GENERAL COM—N ENTS: Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped are to be shown on the Preliminary Plat. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users°association, with written confirmation of said approval submitted to the Public Works Department. No variancwhave been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. C:\OFFICE\WPWIN\GENERAL\lSTPLAZA.PP P&Z Commission/Mayor &Council September 10, 1996 Page 2 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with development plans. 4. Water service to future development is contingent upon positive results from a hydraulic analysis by our computer model. Indicate any existing FEMA Floodplain Boundaries on the Preliminary Plat Map, and/or any plans to reduce said boundaries. 6. Numbering of lots needs to be consecutive 7. Final plat pages 1 and 2 needs to include the signed seal of the Registered Land Surveyor. 8. Complete the final plat Certificate of Owners and accompanying Acknowledgment. 9. Please submit a copy of the Ada County Street Name Committee's approval letter for the Subdivision, street names, and lot numbering. Make any corrections necessary to conform. 10. Respond in writing, to each of the comments contained in this memorandum, both General and Site Specific, and submit to the City Clerk's Office prior to the scheduled hearing. PRELIMINARY /FIN T .PLAT SITE SPE IFIC COMMENTS Sanitary sewer service to this project could be from existing mains on site. Subdivision designer shall field -verify the location of the existing sewer mains. The field -verified locations need to be shown on -the revised preliminary plat map along with the dedicated easements; additional easements may or may not be required, depending on the results of field verification. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of furth�yr development needs to be contingent upon our ability to accept the additional sanitary sewage generated. The subdivision designer is to coordinate main sizing and routing with the Meridian Public Works Department. 2. Water°service for these lots could be from existing mains on site. Subdivision designer shall field -verify the location of the existing water mains. The field -verified locations need to be shown on the revised preliminary plat map along with the dedicated easements; additional easements may or may not be required, depending on the results of field verification. The subdivision designer is to coordinate any new main routing with the Meridian Public Works Department. Coordinate fire hydrant placement with the City of Meridian's Water Superintendent. Fire hydrant locations shall be depicted on the preliminary plat map. 3. An analysis" of historical water consumption needs to be performed by the Public Works Department to determine whether additional sewer and water assessments need to be C:\OFFICEWPWTN\GENERALI SrPLAZA. Pp { P&Z Commission/Mayor & Council September 10, 1996 Page 3 collected from the owner/applicant, prior to signature on the final plat map. The owner/applicant will be required to enter into an Assessment Agreement with the City of Meridian with an annual review period, prior to signature°on the final plat: 4. Revise the Preliminary Plat to include pressurized . irrigation, . with proposed source. Any proposal for a supplementary` connection from the City's water system to the pressurized irrigation system will need to be reviewed closely due to the size of.the area to be watered. Applicant shall provide a statement as to the ownership of and operation and maintenance for, the pressurized irrigation system Provide a detailed lighting plan to the Public Works Department for any new proposed parking lot lighting. Illumination of the site shall be designed to not cause glare or adversely impact neighboring residential properties or the traveling public. 6. Landscaping and parking do not meet the requirements of City Ordinance. Ordinance Section 11-2-414.D.2 requires underground sprinkling and a minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt. The Applicant shall be required, as a condition of platting, to meet current Ordinance requirements (Ordinance Section 11-2-406.D.) unless a variance is granted by the City Council. Sufficient room is available along Fairview/Cherry Lane to provide a planting strip adjacent to the roadway. In addition, landscaping can and should be incorporated within the parking lot to provide better traffic circulation and ease the impact of the "heat island" this parking lot creates. Applicant is to submit a detailed landscape plan for approval. A letter of credit, cash, or approved surety bond is required for necessary improvements prior to signature on the final plat. 7. All signs must meet the requirements of Meridian Ordinance. Off -premise signs are not permitted. Shared signage such as that currently existing on the site needs to be included in a common lot or relocated. I 8. ACID % requirements, City policy and Comprehensive Plan dictate that all section line roads have a minimum 90' right-of-way. 9. All modifications and/or additions to the site drainage system must be reviewed by the Public Works Department per City Ordinance. Two parking areas have been constructed in the recent past without the review and approval of the City of Meridian. 10. Add the following notes to the final plat: 3) Building setbacks and dimensional standards in this subdivision shall be in compliance with the applicable zoning regulations of the City of Meridian. 4) Any re -subdivision of this plat shall comply with the applicable zoning regulations in effect at the time of re -subdivision. C:\OFFICE\WPWIN\GENEP AL\I STPLAZA.PP P&Z Commission/Mayor & Council September 10; 1996 Page 4 5) The owner of each lot, across which passes an irrigation/drainage ditch or pipe, is responsible for the maintenance thereof, unless such responsibility is assumed by an irrigation/drainage district. 6) The bottom elevation of building footings shall beset a minimum of 12" above the highest`established seasonal ground water elevation. a 11. Isn't there an existing easement for the Settler's ditch as it traverses across the -site? CP,OFFICE\WPW IN\CENERAL\1 STPLAZrAPP BEFORE THE MERIDIAN PLANNING AND ZONING COMIMISSION CHERRY PLAZAx-•ASSOCIATES, LLC 9 ANNEXATION AND ZONING NORTHEAST.CORNER OF FAIRVIEW AND NORTH MERIDIAN ROAD MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF.LAW- The` above entitled matter having come on for public hearing September 16, 1996, at the"hour of 7:.30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and was continued to October 8, 1996,, and the Planning and Zoning Commission having heard and taken oral and written testimony, and the Applicant, Christopher J. Beeson, appearing in person, on October 8, -1996, 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. That a notice of a public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for September .16, 1996 and continued to October 8, 1996, the first publication of -which was fifteen (15) days prior to said hearing; that the matter was duly considered at the September 16, 1996, hearing and continued to October 8, 1996; that the public was given full opportunity to express 'comments and submit evidence; and that copies of all notices were available to newspaper, radio.`and television stations. FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 1 2. That this property is located within the -City of Meridian and the titled 'owner is Cherry Plaza Associates,,. LLC, which*", has consented' to the annexation andzoning of the property; the property is described in the application which description is incorporated herein; that the property is approximately 3.5 acres, and except for a small paved area, the site is currently undeveloped and presently zoned RT (Ada County - Rural Transition). 3. The proposed site is located south of LaPlaya Subdivision, which is in an R-8 zoning"district, and north of Cherry Plaza and the U. S. Bank parcel; that the Applicant requests that the proposed site be annexed into the City"and zoned Community Business District (C -C), and the application is not at the request of the City of Meridian; that the. zoning is consistent with, the adjacent Cherry Plaza property and the frontage property 6n' Cherry Lane, which it borders; that at present time,`no specific -plans to develop the site have been prepared. 4. That the property included in the annexation and zoning application is within the Area of Impact of the City of'Meridian; that the parcel of ground requested to be annexed is presently included within the Meridian Urban Service -Planning Area (U.S.P.A.) as the Urban Service Planning Area is definedin the Meridian Comprehensive Plan. 6. That the following pertinent statements are,made in the Meridian Comprehensive Plan: A. Under ECONOMIC DEVELOPMENT, Economic Development Goal Statement 1.3 The character, site improvements and type of new FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA ?age 2 i commercial or industrial developments, should be harmonized with the natural environment and respect the unique needs and features of each area. 1.6 It is the policy of the City of Meridian to support shopping facilities which are teffectively I integrated into new or existing residential areas, f and -plan for new shopping centers as growth and development warrant. B. Under LAND USE k 5. MIXED -PLANNED USE DEVELOPMENT, Page 27 Mixed-use Area at Locust Grove Road and Fairview Avenue f1 Plus Area North of ,Fairview Avenue. I These areas are within Ada County, but nearly surrounded by the City of .Meridian. The area is characterized by large rural lots, and a sparse development pattern. In order to stimulate planned development in these areas;. the following policies apply: a. 5.16U All development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. b. 5.17U A varietyof coordinated planned and compatible land uses are 'desirable for this area, including low -to -high density residential, office, light industrial and commercial land uses. C. 5.18U Existing residential properties will be protected from incompatible land use development in this area: Screening and buffers will be incorporated into all development requests in this area. C. Under COMMUNITY DESIGN, at Page 72 1. 'Entryway Corridors 4. Fairview Avenue (East entrance). 2. Entrance Corridors Goal Statement - Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian. 3. Entrance Corridors Goal Statement Policies, Page 71 FINDINGS OF FACT AND'CONCLUSIONS OF LAW/CHERRY PLAZA Page 3 f a. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip. development and encourage clustered, landscaped business development on entrance corridors. b. 4.4U Encourage 35 -foot landscaped setbacks for new development on entrance corridors. The City shall require, as 'a condition of development approval, landscaping along all entrance corridors. 4. Neighborhood Identify Goal Policies, Page 72 a. 6.4U Limit the conversion of predominantly residential neighborhoods to nonresidential uses, and require effective buffers and mitigation measures through conditional use permits when appropriate nonresidential uses are proposed. 7. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states that land in agricultural activity should so remain in agricultural activity until urban services (municipal sewer and water facilities) can be provided. 8. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states as follows: "Existing rural residential land uses and farms/ranches shall be buffered from urban• -development expanding into rural areas by innovative land use planning techniques." 9. That the property could be physically serviced with City water and sewer. 10. That the C -C District is described in' the Zoning Ordinance, 11-2-408 B. .9. as follows: (C -C) Community Business District: The purpose of the (C -C) District is to permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate off- street parking facilities, and associated site FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 4 4 r r I amenities to serve area residents and employees; to prohibit strip commercial development and encourage the clustering of commercial enterprises. All such districts shall have direct access to a transportation i arterial and collector and be connected to the Municipal Water and Sewer systems of the City of Meridian. r 11. That the property has access to Fairview Avenue which is a major arterial. 12. That Section 11-9-605 C states as follows: .'.'Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary.1, obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (101) wide. 13. That Section 11-9-605 G 1. states as follows: j "Planting strips shall be required to be placed next to r incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." r 14. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision; 4 15. That Section 11-9-605 L states as follows: "Bicycle and ped=istrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle -Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian �.° pathway provisions within developments." 16. That the Planning & Zoning Administrator, Shari Stiles, FINDINGS ,OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 5 and -the Assistant to the City Engineer, Bruce Freckleton, submitted comments and they are as follows: 1. The` legal description submitted with this application for annexation and zoning appears to meet all of the criteria required by Meridian City Resolution #158; and the Idaho State Tax Commission. 2. As a condition of `annexation, all uses proposed for the area to be annexed shall be approved under the conditional use permit process. Particular consideration will be necessary to buffer the adjacent residential use (LaPlaya Manor). Five Mile Creek is designated as a multiple use pathway in the Meridian -Comprehensive Plan. No`encroachment of the existing easement is allowed. 3. A development agreement is required as a condition of annexation. 17. That comments were submitted by the Meridian City Police and Fire Departments, Central District Health Department and Nampa and Meridian Irrigation District, and they are incorporated herein as if set forth in full. 18. That comments were submitted by the Ada` Planning Association whereby they recommend sidewalks be incorporated into the site plan to link the proposed buildings"as well as link the buildings with the sidewalks on the major roadway and that bicycle parking be incorporated into the development. 19. That the Ada County Highway District submitted draft site speific comments and they are incorporated herein as follows: 1. Dedicate 53 feet of right-of-way north of the section line of Fairview Avenue abutting the parcel (13 additional feet) 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. 2. Dedicate 45 feet of right-of-way east of the section line of Meridian Road abutting the parcel (5 to 232 feet addition) by means of recordation of a final subdivision FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 6 t plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever 1'v occurs first. E" 3. Provide a recorded cross access easement for the parcel to the east (if not previously provided) and all internal lots for access to the public streets,prior to issuance of a building permit (or other permits). The District intends to require a similar agreement of the owners of the parcel to the east and the internal lots if they are the subject of a future development application. 4. Construct a pedestrian ramp at the northeast corner of Fairview Avenue and Meridian Road, abutting the site. The construction of the pedestrian ramp shall meet -ADA standards. 5. Relocate the pedestrian ramp at the northwest corner of Fairview Avenue and E. First Street to reduce the conflict with the pedestrian ramp and the existing utility pole and box. Coordinate the construction and relocation of the pedestrian ramp with, District Staff to meed ADA standards. 6. Replace .the curb cut driveway on Meridian Road, located approximately 554 feet north of Fairview Avenue, with a standard 30 foot wide curb return with a 15 foot radii. 7. Restrict the curb return driveway on Meridian Road, locate approximately 544 feet north of Fairview Avenue, to right turns'only. Coordinate appropriate signage with District Staff. 8. Replace the curb cut driveway on Fairview Avenue, located approximately 157 feet east of Meridian Road, with a standard curb return driveway with 15 foot curb radii. The driveway shall be restricted to`right turns only with appropriate signage. 9. The curb return driveway on Meridian Road, located 354 feet north of Fairview Avenue, is approved. 10. Construct a 6 inch raised median in the center of Fairview Avenue, from the western edge of the driveway to the existing median on Fairview Avenue, to prohibit heft hand turns at this driveway. Coordinate the design of the median with District Staff. 11. Construct a 6 inch raised median in the center of Meridian Road from the Fairview Avenue/Meridian Road intersection to a point 50 feet beyond the northern edge FINDINGS OF'FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 7, of the driveway to prohibit left hand turns at this driveway. Coordinate the design of the median with District Staff. '12. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 20. That the Ada County Highway District stated it would very much appreciate it if the Applicant grant the District an easement for a 10 to 12 space Park. & Ride area, with the location to be coordinated with District Ride Share. 21. That Chris Beeson, the eApplicaft's representative, testified that there is no specific development planned for the parcel at this time; that the main purpose of the application was not to construct any improvements but rather to reconfigure lots in a minor fashion between the Albertson's parcel and the shops parcel so that they could also own frontage along Fairview Avenue as opposed to just the frontage on'Meridian; that the Applicant would agree to have any further development of the rear parcel, believed to be proposed I.ot 1, subject to a conditional use permit at the time of development in the future; that the Applicant would work with staff and the Commission regarding the traffic circulation plan dealing with ingress and egress; that the Applicant will be requesting a variance from the standard landscaping requirements due to the limited parking aisles; that the Applicant will be working with the Ada- County Highway District regarding their requirements. That Steve Sweet, the project's engineer,.testified that 22. this entire 12 acre site includes a number of businesses in the FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 8 9 Cherry Plaza including Albertson's and a bank in the store, and Pioneer Federal Credit Union; that the Applicant, Cherry Plaza Associates, has previously come before the City with a request for a resubdivision and the outcome of that process was that the Applicant agreed to provide a plat on the 9 acre parcel and brinq in the 3.6 acres into the City; that following the resubdivision, Albertson's purchased Lot 2 and that Albertson's and Cherry Plaza Associates are Applicants in this subdivision; that the proposed site to be annexed is vacant; that north of the site is LaPlaya Manor, that the Five Mile Drain is a shared boundary and to the north and west is Horizon Day Care; that the Applicant will be asking for a variance in providing some compact [parking] spaces, a little bigger than 7.5 feet along Fairview behind a landscaping strip. 23. Mr. Beeson added that where proposed Lot 4 comes back, or north, except for the frontage of where U.S. Bank was, is owned by the Applicant and there is a recorded easement that when Albertson "s remodeled they made a deal with U.S. Bank to add 18 parking spaces to the area north of where U. S. Bank stood but that the 18 stalls are not included in the 423 total spaces. 24. There was no other testimony giver:. 25. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been followed. CONCLUSIONS FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 9 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property a within 300 feet of the external boundaries of the Applicants' property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the. City Planning and Zoning Commission has judged this annexation and zoning application under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the` land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7.. That the annexation application has been initiated by the Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 10 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho,65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways. 10. That the Applicant has not stated or represented any specific development plans. for the parcel. 11. That, as a condition of annexation and the zoning of C -C', the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address, among other things, the following: s 1. Inclusion into the development of the requirements of 11- 9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. C. H, Public Sites and Open Spaces. d. K,, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. 2.` Payment by the Applicant, or if required, any assigns, heirs, executors or personal' representatives, of any impact, development, or transfer fee, adopted by the City. 3. Addressing the subdivision access linkage, screening, buffering, transitional land uses, traffic study and recreation services. 4. An impact fee to help acquire a future school or park sites to serve the area. FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 11 5. An impact fee, or fees, for park, police, and fire services as determined by the city. 6. Appropriate berming and landscaping. 7. Submission and approval of any required plats. 8. Harmonizing and integrating the site improvements with any existing residential development. 9. The sewer and water requirements. 10: Traffic plans and access `into and out of the development. 11 And any other items deemed necessary -by the City Staff, including design „ review of all development, and conditional use processing as required under the Meridian F Comprehensive Plan. 12. That Section 11-2-417 D of the Meridian Zoning Ordinance states in part as follows: "If property is. annexed and zoned, the City may require or permit,`''as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted,Fit shall be recorded in the office of the` -Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, .or prior if agreed to by the owner -of the parcel. that since the enactment of`the above section, the City has found that it' is difficult for the City and theApplicant to enter into a development agreement prior to annexation; that it" is - therefore concluded- that' a development agreement shall be entered into, dealing with the matters set forth in the preceding stiction prior to issuance of a building permit. 13. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian. 14. It is further concluded that the comments, recommendations and requirements of City of Meridian Departments, FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 12 I the comments of `Shari Stiles,.. Planning and Zoning Administrator, the comments of"Bruce Freckleton,-Assistant to the City Engineer, and other governmental agencies., will have to be met and complied with. 15.- That 'the 'Applicant and all users of , the property shall meet and'comply`with all. of the Ordinances of the City of Meridian, specifically including the water and sewer requirements=, Fire Code, Fire and Life...Safety Code, and the Uniform Building, .Electrical, Mechanical, and -Plumbing Codes. 16. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de -annexation. 17. That proper and adequate access to the property is available and will have to be maintained. 18. That these conditions shall run, with. the land and bind the Applicant and its assigns. 19. With compliance of the conditions contained herein,,the annexation and zoning of Community Business District (C-C),' ~would be in best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page.13 v,-,LLIAM G. BERG, JR., City Clerk ANICE L GASS, City Treasurer GARY D. SMITH; P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Pl= to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 -FAX (208) 887-4813 Public Works/Building Dejartrnent (208) 887-2211 Motor Vehicle/Drivers license (208) 888-4443 ROBERT A CORRIE Maw COUNCIL IIdGA..aGRR WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please sul nit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: -September 3. 1996 TRANSMITTAL DATE: 8/19/96 HEARING DATE: 9/10196 REQUEST: Annexation and Zoning request BY: Cherry, Plaza Associates LOCATION OF PROPERTY OR PROJECT:. NE corner of Fairview and North Meridian Road JIM JOHNSON, P2 MALCOLM MACCOY, P/Z JIM SHEARER, P2 GREG OSLUND, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, CIC - CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPAR-rMENT 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) INTERM UNTAINGA ( ELM & FINAL PLAT) _ BUREAU OF REC ON( EU L PLAT) CITY FILES OTHER: YOUR CONCISE RKS: DRIMIVED AUG 2 0 19.96 CITY OF MERIDIAN .:ILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, RE:, City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "HILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good PLaee to Live CITY OF -M-ERIDIAN 33 EAST IDAHO' MERIDIAN, IDAHO 83642 Phone (208) 888-4433 -FAX (208) 887-4813 Public WorksBuilding Dgpmoent (208) 887-2211 Motor Vehicle/Drivers Ucense (208) 888-4443 ROBERT D CORRIE Maur COUNCIL MEMBER WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COWdENTS ON DEVELOPMENT PROJECTS 'WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by theMeridian Planning ,& Zoning Commission, please submit your comments and recommendation to Meridian City,Hail, Attn: Will Berg, City Clerk by: September 3. 1996 TRANSMITTAL DATE: 8/19/96 HEARING DATE: 9/10/96 REQUEST: Annexation and Zoning request BY:_ Chem Plaza Associates LOCATION OF PROPERTY OR PROJECT:_ NE corner of Fairview and North Meridian Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z JIM SHEARER, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION KEITH BORUP; P/Z CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY,,C/C WATER DEPARTMENT SEWER"DEPARTMENT NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUPar4U OF RECLAMATION(PPELIM & FINAL PLAT) CIT ( FILES BUILDING DEPARTMENT FIRE DEPARTMENT OTHER: YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER - CITY PLANNER AJn t h Ay .Q i4 YD 1 � •R�- � .' f-G� -M; S 19 W ru 2 >C --- 1.111 A1GR1Y1tl1Y W -.J UUU/ U.LL ADA COUNTY HIGHWAY DISTRICT f -� Development Services Division Development Application Report Preliminary Plat & Annexation - First Street Plaza/MPP-14-96/MA-3-96- First Street Plaza is a 4 -lot commercial subdivision on 12.6 total acres. The applicant is also requesting annexation of 3.54 -acres with a change of zoning designation from RT to C -G. The site is located on the northeast corner of Fairview Avenue and Meridian Road. Assuming complete commercial development, the 3.54 -acre annexation parcel is estimated to generate 2,380 additional (8,820 total) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. However, the applicant is proposing no new development with this application. Roads impacted by this development: Fairview Avenue Meridian. Road ACRD Commission Date - October 16, 1996 12:00 p.m. LA OCT 07 '96 15:54 208 345 7650 PAGE.06 ivr v! r Vv iv.v, yLVO JYJ ! VJV (�I.IIU -�.�y 1.11Y RLCK1L1A1V Facts and Findings: O A. General Information T Owner - Cherry Plaza Associates, LLC Applicant - Christopher J. Beeson RT - Existing zoning C -C - Requested zoning 12.60 - Acres total, including the 3.54 -acres requested for annexation 4 - Commercial lots n/a - Square feet of existing building 264 - Traffic Analysis Zone (TAZ) West Ada County - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Lp;JUUI/UIZ Fairview Avenue Principal arterial with bike route designation Traffic count 18,966 on 6/16/93 650 -feet of frontage 80 to 100 -feet existing right-of-way (40 -feet north of section line) 95 -feet required right-of-way for an additional lane (53 -feet north of section line) Fairview Avenue is improved `with five lanes with curb, gutter and sidewalk.. Meridian Road Minor arterial with bike lame designation Traffic count 13,655 on 9/20/93 585 -feet of frontage 50 to 80 -feet existing right-of-way (40 -feet east of section line for approximately 60 -feet at Fairview Avenue, tapering to 36 -feet at the north boundary of the site) 90 -feet required. right-of-way for a 5 -lane constrained corridor (45 -feet from centerline) Meridian Road is imp-.oved with five Lanes with curb at the intersection, gutter eine sidewalk tapering to three lanes at the north boundary of this site. The centerline of Meridian Road"is, currently offset approximately 15 -feet to the west of the section 'line abutting the majority of the site. B. The existing commercial'development does not meet Meridian's required amount of parking spaces. Staff is recommending that additional right-of-way be dedicated on both Meridian Road and Fairview Avenue, which will eliminateparking spaces when the streets are widened in the future. The City of Meridian is requiring the applicant to provide landscaping as a condition of the subdivision approval., FIRSTSTR. WPD Page 2 OCT 07 '96 15:54 208 345 7650 PAG -E. 07 AV.vJiau ALP •V( Vcuo 044 luau at.11if 444 t11Y MhXLJ)I" 19JUU8/U1L Until the streets are widened, the parking spaces in the new right-of-way could continue to be used through a license agreement with the District. On the positive side, the required landscaping would be located outside of the future roadway, and would not have to be i"" relocated when the streets are widened. QW Staff is _recommending using the constrained corridor width on Meridian Road due to the location of a below grade docking ramp for the Albertson's store on the west side of the J building that would be very expensive to relocate. The near comer of the docking ramp is 8 4 to 10 -feet from the current right-of-way line. The parcel at the northwest corner of Meridian Road and Fairview Avenue is currently undeveloped and the current centerline is -offset 15 -feet west of section line in this area. In view of the complicating factors, staff recommends that a minimum of 5 additional feet be dedicated along Meridian Road abutting the subject site. C. There are five existing driveways to the site - three on Meridian Road and two on Fairview Avenue. Two of the driveways closest to the Meridian Road/Fairview Avenue intersection do not meet District policy, which requires 220 -foot of separation from the nearest cross street. D. The driveway on Meridian Road located 154 -feet north of the Fairview Avenue/Meridian Road intersection does not meet District's requirements. Staff recommends a variance to allow the use of the existing driveway, provided the applicant restrict the driveway to right turns only and construct a 6 -inch raised median in the center of Meridian Road from the Fairview Avenue/Meridian Road intersection to a point 50 -feet beyond the northern edge of the driveway. E. There is a driveway on Fairview Avenue, located 157 -feet east of Meridian Road. This driveway does not meet District's requirements. Staff recommends a variance to allow the use of this existing driveway provided the applicant restricts it to right turns only and reconstructs it as a curb return driveway with 15 -foot curb radii. The applicant should be required to construct a 6 -inch raised median, in the center of Fairview Avenue, from the Meridian Road stop bar to the western end of the existing median to prohibit left turns. F. 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 (if not previously provided) and all internal lots 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. F]RSTSTR.WPD Page 3 OCT 07 '96 15:55 208 345 7650 PAGE -08 1 v. v I / VV 1 V. V V L/ L V V J 'i V I V Y V f 1 V nV '_P_p Lill IMAIVIAIN W/-JUU`J/U1L G. District policy requires the applicant to construct a pedestrian ramp at the northeast corner of Fairview Avenue and Meridian Road. The construction of the pedestrian ramp should comply with ADA standards. Construction of the pedestrian ramp should be coordinated with District Staff. H. There is a sub -standard pedestrian ramp located at the northwest corner of Fairview Avenue and E. 1st Street (on the west site of the signalized entrance to the mall area) that is in conflict with an existing utility pole and utility box. The applicant should relocate the pedestrian ramp to reduce the conflict rwith the utility pole and box. The pedestrian ramp should be constructed in compliance with ADA standards. Coordinate the construction and location with District Staff. I. The applicant has a curb, cut driveway on Meridian Road located approximately 554 -feet north of Fairview Avenue. The applicant should replace the curb cut driveway on Meridian Road, with a 30 -foot wide curb return driveway with 15 -foot curb radii abutting Meridian Road because Meridian Road is an arterial. 1. The curb return driveway on Meridian Road, located 354 -feet north of Fairview Avenue, meets District policy. K. ACHD's Park & Ride Division Staff have indicated the need for a park and ride location at the applicant's site. The District requests that applicant grant the District an easement for a 10 to 12 -space Park & Ride area at this site. Coordinate the location with District Ride Share staff (345 -POOL). L. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. M. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following requirements are provided as conditions for approval: Special Request of the Applicant: The applicant has indicated that parking at this site'is limited. District Rideshare staff has indicated a flexibility in the location of the easement (i.e., behind the building in the vacant lot) for a park and ride site. The District would be very appreciative if the applicant granted the District an easement for a 10 to. 12 -space Park & Ride area. Coordinate the location with District Ride Share (345 -POOL). FWTSTR. WPD Page 4 OCT 07 '96 15:56 208 345 7650 PAGE.09 1V/V1I VV 1V -VV VGUO 4%a7 7V4V asl2w DRAFT Site Specific Requirements: 1.11Y RZA1UTAll WiUlu/ Ulz Dedicate 53 -feet -of right-of-way north of the section line of Fairview Avenue abutting the parcel (13 additional feet) 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. The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance.#188. 2. Dedicate 45 -feet of right-of-way east of the section line of Meridian Road abutting the parcel "(5 to 23 -feet additional) 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 fust. The owner will be compensated for this additional right=of--way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 3. Provide a recorded cross access easement for the parcel to the east (if not previously provided). and all internal lots 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 and the internal lots if they are the subject of a future - development application. 4. Construct a,pedestri ramp at the northeast corner of Fairview Avenue and Meridian Road, abutting the site. The construction of the pedestrian ramp shall meet ADA.standards. 5. Relocate the pedestrian Tramp at the northwest corner of Fairview Avenue and E. 1st Street to reduce the conflict with the pedestrian ramp and the existing utility pole and box. Coordinate the construction and relocation of the pedestrian ramp with District Staff to meet ADA standards. 6. Replace the curb cut driveway on Meridian Road, located approximately 554 -feet north of Fairview Avenue, witi a standard 30 -foot wide curb return with a 15 -foot radii. 7. Restrict the curb retum driveway on Meridian Road, located approximately 154 -feet north of Fairview Avenue, to right turns only. Coordinate appropriate signage with District Staff. 8. Replace the curb cut driveway `on Fairview Avenue, located approximately 157 -feet east of Meridian Road, with,a standard curb return driveway with 15 -foot curb radii. The driveway shall be restricted to right turns only with appropriate signage. 9. The curb return driveway .onWMeridian Road, located 354 -feet north of Fairview Avenue, is approved. FWT3TIL WPD Page 5 OCT 07 '96 15:57 208 345 7650 PAGE.10 CPU -1V.1V VGVO'J'!:7 �Va/V .. AVElY-i�+.. .Vlli iva+i�aa•aru. f ..s 10. Construct,a, 6 -inch raised median in the center of Fairview, Avenue, from the western edge of the driveway to the,existing median on Fairview Avenue,,to prohibit, left handturnsat this driveway. Coordinate the design of the median with District Staff. % 11. Construct a 6 -inch raised median in the center of Meridian Road from.the Fairview Avenue/Meridian Road intersection to a point 50 -feet beyond the northern fedge `of the 'driveway to prohibit left hand turns at this driveway: ,Coordinate the,design of the median with District Staff. , 12. As 'required by District policy, restrictions on the width,. number and locations of driveways, shall be placed on future development,of.this parcel. Standard Requirements: I. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACRD Development Services Supervisor:a request�shall specifically identifyeach requirementil to be reconce*Pd and include a.written eXplanation of ,why such a requirement would result in a substantial hardship or inequrtv The wr�ttcn —_ AC Go Mission action. Those items shall be rescheduled fordiscussion;with the } Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, ,variance or waiver. Those items will be acted on by the Commission unless removed from the agenda -by the Commission.f 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made inf writing to the Development Services Supervisor within two days of the action and shall'include a minimum fee of $110.00. Tbr, request for reconsideration shall c1ecifically identify each reQuirement to be reconsidered and include written documentation of data that`was not available tQ the Commission at he time of -its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting'of thekCommission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. FIRSTSTILWPD Page 6 OCT 07 '96 15=58 208 345 7650 PAGE.11 iv vII.V -Lv.LL--•v&VV 4 -to JVJV -' =--ALn11 - - 444 1,11Y. k'1ZAIV1AIN U. V1L/U1L: 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 ACHD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building Y 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 confim ation of any change"from the Ada County Highway District. 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all Jiules, 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 a waiver/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. Conclusion of Law. - 1 aw:1. ACRD requirements areintended 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 Development Services Division at 345-7662. Dag of commission Agtion- Devglnnment SeTy1GPi Sta FIRSTSTR.WPD Page 7 1 lAda.PlanningAssociation 413 W. Idaho, Suite 100 Boise, ID 83702 (208) 345-5274 Fax (208) 345-5279 APA/ Serving Governments in Ada County Since 1977 MEMORANDUM" RECEIVE TO: Will Berg, City Clerk SEP - 3 j916 City of Meridian CITY OF MERIDIAN FROM: Ma a d son, Technical Analyst DATE: Augu 30, 1996 Re: Annexation/Zoning Request - Fairview Avenue/North Meridian Road APA staff reviewed the proposed annexation and zoning request for property located at the northeast corner of Fairview Avenue and North Meridian Road. The proposed commercial development is in the vicinity of residential development: As such, APA recommends sidewalks be incorporated into the site plan to link the proposed buildings as well as link the buildings with the sidewalks on the major roadway. These sidewalks would minimize conflicts between pedestrians and -vehicles and encourage residents in the neighborhood to walk to this development. A We would also recommend bicycle parking be incorporated into the development. Should you have any questions, please contact me. MH:JL MH\DEVREV\MERIDIAN\FAIRMERID.ZON PC: Sheri Stiles, .City of Meridian File 540.09 City of Meridian Ada County Highway District. Ada County, Cities of noise, F.agle, Garden City, Kuna, and Meridian Boise Auditorium District, Boise Independent School District. Nieridian.ioint School District, and Boise State Universitv,. F'qual Opportunity - Affirm:iiice Action F,mplover i'r{iul nn Ci`r �i,,h•I 1'anor E CENTRAL CEN "L DISTRICT HEALTH DEPART MENT C(7w,9* DISTRICTHEALTH Environmental Health Division RECEIVED Return to: ❑ Boise DEPARTMENT AUG L 7 1996 ❑ Eaglet Rezone # / /i�l x,4 n �.,/ ftrct' �9.�v✓.ter CITY OF .94ERIDI N ❑ Garden city •Meridian Conditional Use #❑ Kuna Preliminary / Final / Short Plat ❑ ACZ I' r (DHD 10/91 rcb, ret. 1/95 Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection I This Department would recommend deferral until high seasonal ground water can be determined if other'. considerations indicate approval. f If restroom'facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. j We will require plans be submitted for a plan review for any: I i. ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store �-�2M_?'J '7 � oald 77i_ Date: F / 2-2--/ US r or 660^-Ss�j aMe- 7w Reviewed By: zi l> /S C -A Jk t -G r Review Sheet I. We have No Objections to this Proposal, ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. r ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: [] high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: i ❑ 2 feet ❑ 4 feet ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑ 8. After written approval from appropriate entities are submitted, we can approve this proposal For: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted'to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: tr ❑ central sewage ❑ community sewage system ❑ community water i ❑ sewage dry lines ❑ central water ❑ 10. Street Runoff is not to create a mosquito breeding problem. (DHD 10/91 rcb, ret. 1/95 Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection I This Department would recommend deferral until high seasonal ground water can be determined if other'. considerations indicate approval. f If restroom'facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. j We will require plans be submitted for a plan review for any: I i. ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store �-�2M_?'J '7 � oald 77i_ Date: F / 2-2--/ US r or 660^-Ss�j aMe- 7w Reviewed By: zi l> /S C -A Jk t -G r Review Sheet cg CENTRAL DISTRICT 315.5211.E DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG Pl. • 801SE,10.83104 •(208) AX 3274500 To prevent and treat disease and disability: to promote healthy lifestyles, and to protect and promote the health and quality of our m&cnment. C STORMWATER MANAGEMENT RECOMN ENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to -groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: ' ,1) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho Regional Office, September 1995. t 2) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND; State of Washington Department of Ecology, February 1992. 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT. Serving Valley,l'lmoreP Boise, and Ada Counties Ada / Iola Cants Of s WIC bogie • 14wleam t3noce Canh Ofce Run Cou* Office d fmianmMdd HeaiA Vd" Cants 0f * P.O. am 1448, 707 K Mnhonq PL 1600 Ratxrh Bow. 0. 520 F. Mh Sheet K Motnton flame. 0. 190 S 4M Sheet F. McCoL 0.63638 Bose. 0. 63701 &M Hedlh J271499 63705 Ph 33443M63647 Ph. 567.4407 Motntdn Home.10. Ph. 634.1194 FcR* Pkz v L V 327.7400 324 Meriden. 0. 83647 Ph 581A225 ....... « .. 117-7ACn 83042 Pet. 88MU5 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN GLENN R. BENTLNE EE 33 EAST IDAHO MERIDIAN, IDAHO 8364R& & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887 _ _ (� Public Works/Building Department (208) 887-2211 I 1 J I� JIM JOHNSON, Chairman TIM HEPPER Motor Ve7ticle/Drivers license (208) 888' +� JIM SHEARER UU 2 1996' GREG OSLUND , ROBERT D. CORRIE OMPA �ihEAIL`IAN MALCOLM MACCOY Ma}r©r IR ATION DIS i PICT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH XHE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: September 3. 1996 TRANSMITTAL DATE: 8/19/96 HEARING DATE: 9/10/96 " REQUEST: Annexation and Zoning request BY: Cherry Plaza Associates LOCATION OF PROPERTY OR PROJECT: -NE corner of Fairview and North Meridian Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z v MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION KEITH BORUP, PfZ CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR -,X—NAMPAMERIDIAN IRRIGATION DISTRICT - RONALD TOLSMA, C/C - SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) W4,TER DEPARTMENT BUREAU OF RECLAM AT'ON(PREUM & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Meridian Irrigation POLICE DEPARTMENT District has ,no comment on the above referenced CITY ATTORNEY app iication. CITY ENGINEER CITY PLANNER Sincerely, S SEP -3 1096 CITY OF 14 � DI, : . i7c.rws'L`'......�',fl '1 October 8, 1996 Ms. Shari Stiles Planning & Zoning Administrator City of Meridian 33 E. Idaho Meridian, ID 83642 Re: EMUQuadrant' Consulting, Inc{ r0=11- raX Note 7671 baa= 0a98s� To ST/L Rota , S Sw / Co.iDept.��)Z/%%/i47lJD�d�'1 C . Phone # pnone f 342- GY�9/ Fax # Fax # 342.r Street Plaza Request for Annexation and Zoning and Preliminary/Fina! Plat Dear Shari: - Per our discussion this morning, the following is the applicant's revised response to the staff memorandum of September 11, 1996, concerning the First Street Plaza annexation, .zoning and platting. This letter summarizes recent site background history and responds to the points of concern raised in the memo. RECI<NT SITE BACKGROUND On March 5, 1996, the Meridian City Council heard an application by Cherry Plaza Associates for a Re -Subdivision. The request was made seeking approval for splitting of the existing Cherry Plaza parcel into two separate Iots, per the Meridian Subdivision and Development Ordinance, Section 9=604 A. During the application hearing, -Councilman Morrow moved (with a second by Councilman Bentley) "that we offer an endorsement of the lot split as per the configuration and that. lot split occur with'the County and then application be made by the parties for the normal subdivision and annexation process with the City of Meridian'' Following the Council's endorsement, Quadrant Consulting recorded a Re -Subdivision (Record of Survey No. 3538, Instrument No. 96037273) with the Ada County Recorder on May 3, 1996. Subsequently, Albertson's has purchased their site from Cherry Plaza Associates and the deed was recorded as Instrument No. 96037277, again on May 3, 1996. The annexation and plat applications currently before the City fulfill the representations made by Cherry Plaza Associates to the Council concerning the previous request for approval of the Re - Subdivision. The applicants desire to culminate Lhis process with approvals which result, in an annexation, zoning and a plat which satisfies both the City of Meridian and their respective organizations. M Through the annexation, zoning and platting process, the intention of the applicants is to maintain the current uses on the present shopping center site with only minor modifications, avoiding any undue hardship for uses which were commenced prior to the adoption of the City's Zoning and Development Ordinance. Acceptable modifications include adding some landscaping on site and improving the site traffic circulation, as requested by the City. Both of these modifications will be acceptable to the applicants, only if the site parking can be maintained`at the same number of car parking Stalls and at a reasonable expense. Finally, the applicants are operating with the understanding that the majority of these conditions, other than landscaping, parking and tiling of the Settlers Canal, will only apply when the undeveloped land to be annexed undergoes development in the future. 405 S. 8th Street, Ste. 295 • Boise. 10 83702 • Phone 0208) 342.0091 e Fox Q06) 342.0092 • intemet• quodmnt®m(cron.net CIA Engineering • surveying • constructlon Monogement OCT 08 196 16:07 208 342.0092 Ms. Shari Stiles October 4, 1996 Page 2 iiQC In response to the Staff memorandum of September H, 1996, the following comments are offered: ANNEXATION & Z NTNG I Leffal Description u This condition appears acceptable to all parties. 2. Conditional Use a. For 'development of the parcel for which' annexation and zoning is requested (other than the minor portion being platted as a part of Preliminary Plat Lot 2), the applicants agree to undergo a conditional use process. b. La Playa Manor and Five Mile Drain i. Subject to the normal requirements under the subdivision and zoning ordinances, for La'Playa Manor the applicants agree to provide a setback and screening per code' (Section 2-414 D.2.C), upon future development of the parcel to be annexed. ii. Within the portion ofthe Nampa Meridian irrigation District's Five Mile Drain required easement controlled by the applicants, no physical encroachment will be constructed which would interfere with NMID rights. Upon development, landscaping or some other suitable form of buffering, will be constructed as approved under the conditional use process. -This would be subject, of course, to NMiD approval. 3. Development Agreement The applicants agree to reach a development agreement with the City prior to proceeding with development of the Preliminary Plat Lot 1. The applicants also understand that no development agreement requirements would be applicable to the presently annexed site (Preliminary Plat Lot's 3 and 4. Finally, since the majority of Preliminary Plat Lot 2 is currently annexed to the City and the small unannexed portion is already improved as a parking lot, the applicants request that no development agreement is required for Preliminary Plat Lot 2. See the discussion under lrrigation'and Drainage Ditches, below. PRl✓I.iMINAIY/FTNAL PLAT C,ENERAL OMME TS 1. I riaation and Drain= Ditches The applicants find that a platting requirement to continue the extension of the tiling of the Settlers Canal (approximately 160 lineal feet) is a reasonable request, and is,aa acceptable condition, provided that if the canal is fully tiled, Preliminary Plat Lot 2 will not be subject to a development agreement as a condition of annexation. The applicants are also of the opinion that this requirement is not applicable to the Five Mile Drain, which is designated as a Multiple Use Pathway in the Meridian Comprehensive Plan and generally within the La Playa Manor Subdivision. The Settlers Irrigation Ditch on Preliminary Plat Lots 2 and 3 has previously been buried, and no additional improvements are contemplated or anticipated with the current applications. 2. Existing Domes is Wells and/or Septic Systems The applicants are unaware of any domestic wells or septic systems on the property. Therefore, this condition is acceptable. OCT 08 ' 96 16:08 �ns� zap nrao� on^c a� Ms. Shari Stiles October 8, I996 Page 3 ®QC Seasonal High Water Elevation Prior to development of the parcel to be annexed, the applicants agree to submit a profile of the subsurface soil conditions, including seasonal high groundwater elevation. Hydraulic Model. The applicants agree that water service to future development will be contingent upon the City's hydraulic model. The applicants further are of the understanding that the existing development will continue to be served with adequate capacity for uses in place today. FEMA Floodplain BoundarigsYreIirninary Plat The FEMA Floodplain Boundaries will be added to a revised preliminary plat. 4 6. Consecutive Lot Numbering The lots will be renumbered so that consecutive lots abut each other. t 7. Plat Sealing k .Both pages of the final plat will be sealed by a professional land surveyor. S. Certificate of Owners/Ackn6wledftment E The Owners will execute the Certificate of Owners and the Acknowledgments will be notarized in accordance with Code. 4 9. Ada County Street Name Committee Appyoval A letter of approval from the Street Name Committee will be submitted. 4 t 10. Written Response i This letter satisfies the requirement. PRELIMINARY/FINAL PIAT SITE SpFCIEIC COMMENTS 1. Sani_tM Sewer Service a. Easements } The existing sewer main system has been previously located in the field Existing City easements and locations as verified in the field will be depicted upon the revised preliminary plat. b. Future'Service The existing developed site is presently served by the City of Meridian. The applicants are of the understanding that service to the site will continue. The applicants also . understand that future development of the�annexation parcel,is contingent upon the r City's.ability to accept additionally generated sanitary sewage. 2. Water Service. a. Easements # The existing watei main has been previously located in the field. Existing City' easements and locations as verified in the.Feld will be depicted upon the revised preliminary plat. b. Main Routing: Routing of"the mains and any relocations as necessary to accommodate future development will be coordinated,withthe City's Water Superintendent. . r DCT os _ ' 96 16 : oe �G1A zap AGIQ7 Dors .� MERIDIAN PLANNING & ZONING COMMISSION MEETING: November 12.1996 APPLICANT: CHERRY'PLAZA ASSOCFATES - AGENDA ITEM NUMBER: 6 REQUEST; FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION/ZONING TO C -C AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: s CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIIIAN IRRIGATION: SETTLERS IRRIGATION: q IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN PLANNING & ZONING COMMISSION MEETING: November 12.1996 APPLICANT: CHERRY PLAZA ASSOCIATES - AGENDA ITEM NUMBER: 7 REQUEST; PRELIMINARY PLAT FOR FIRST STREET PLAM TABLED OCTOBER 8 1996 i AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN'SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of'the City of Meridian. k BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION CHERRY PLAZA ASSOCIATES, LLC ANNEXATION AND ZONING NORTHEAST CORNER OF FAIRVIEW AND NORTH MERIDIAN ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing a September 16, 1996, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and was continued to October 8, 1996, and the Planning and Zoning, Commission having heard and taken oral and written testimony and the Applicant, Christopher J. Beeson, appearing in person; on October 8, 1996, and having duly considered the matter, the { Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT U 1. That a notice of a public hearing on the annexation and , zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 16, 1996 and continued to October 8, 1996, the first publication of which was fifteen (15 ) days prior to said hearing; that the matter was duly considered at the September 16, 1996, hearing and continued to October 8, 1996; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 1 Ll 2. That this property is located within the City of Meridiani, and the titled owner is Cherry Plaza Associates, LLC, which hast consented to the annexation and zoning of the property; the 6 1 property is described' in the application which description is incorporated herein; that the property is approximately 3.5 acres, I and except for a small paved area, the site is currently undeveloped and presently zoned RT (Ada County - Rural Transition). 3. The proposed site is located south of LaPlaya. Subdivision, which, is in an R-8 zoning district, and north of Cherry Plaza and the U. S. Bank parcel; that the Applicant requests that the proposed site be annexed into the City and zoned Community Business District (C -C), and the application is not at the request, of the City of Meridian; that the zoning is consistent with the, adjacent Cherry Plaza property and the frontage property on Cherry I Lane, which it borders; that at present time, no specific plans to' develop the site have been prepared. 4. That the property included in the annexation and zoning ' application is within the Area of Impact of the City of Meridian; that the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A.) as the7`Jrban Service Planning Area is defined in the Meridian Comprehensive Plan. '6. That the following pertinent statements are made in the E Meridian Comprehensive Plan: A. Under ECONOMIC DEVELOPMENT, Economic Development Goal Statement 1.3 The character, site improvements and type of new z FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 2 d commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. F 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. r B. Under LAND USE 5. MIXED -PLANNED USE DEVELOPMENT, Page 27 Mixed-use Area at Locust Grove Road and Fairview Avenue Plus Area North of Fairview Avenue. These areas are within Ada County, but nearly surrounded by the City of Meridian. The area is characterized by large rural lots, and a sparse development pattern. In order to stimulate planned development in these areas, the following policies apply: a. 5.16U All development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. b. 5.17U A variety of coordinated, planned and compatible land uses are desirable for this area, including low -to -high density residential, office, light industrial and commercial land -uses. C. 5.18U Existing residential properties will, be protected from incompatible land use development in this area. Screening and buffers will be incorporated into all development requests in this area. r C. Under COMMUNITY DESIGN, at Page 72 1. Ent:Lyway Corridors I 4. Fairview Avenue (East entrance). 2. Entrance Corridors Goal Statement - Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian. 3. Entrance Corridors Goal Statement Policies, Page 71 FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 3 �. F I a. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscaped business development on entrance corridors. b. 4.4U Encourage 35 -foot landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 4. Neighborhood Identify Goal Policies, Page 72 a. 6.4U Limit the conversion of predominantly residential neighborhoods to nonresidential uses, and require effective buffers and mitigation measures through conditional use permits when appropriate nonresidential uses are proposed. 7. That Section 6.3, of the LAND USE section of the` Comprehensive Plan, states that land in agricultural. activity should so remain in agricultural activity until urban services (municipal sewer and water facilities) can be provided. 8. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states as follows: "Existing rural residential land uses and farms/ranches shall; be buffered from urban development expanding into rural areas by innovative land use planning techniques." 9. That the property could be physically serviced with City water and sewer. 10. That the C -C District is described in the Zoning Ordinance, 11-2-408 B. 9. as follows: (C -C) Community Business District: The purpose of the (C -C) District is to permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate off- street parking facilities, and associated site FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA E Page 4 I 0 amenities to serve area residents and employees; to prohibit strip commercial development and encourage the clustering of commercial enterprises. All such districts shall have direct access to a transportation arterial and collector and be connected to the Municipal Water and Sewer systems of the City of Meridian. 11. That the property has access to Fairview Avenue which is a major arterial.: 12. That.Section 11-9-605 C states as follows: ."Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (101) wide." 13. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20' ) wide, and shall not be a part of the normal street right of way or utility easement." 14. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 15. That Section 11-9-605 L states as follows: "Bicycle and pedestrian pdthways shall be encouraged within new developments as part of the public right of -way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle -Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." 16. That the Planning & Zoning Administrator, Shari Stiles, FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 5 a and the Assistant to the City Engineer, Bruce Freckleton, submitted comments and they are as follows: 1. The legal description submitted with this application for annexation and zoning appears to meet all of the criteria required by Meridian City Resolution #158, and the Idaho State Tax Commission. 2. As a condition of annexation, all uses proposed for the area to be annexed shall be approved under the conditional use permit process. Particular consideration will be necessary to buffer the adjacent residential use (LaPlaya Manor). Five Mile Creek is designated as a multiple use pathway in the Meridian Comprehensive Plan. No encroachment of the existing easement is allowed. 3. A development agreement is required as a condition of annexation. 17. That comments were submitted by the Meridian City Police and Fire Departments, Central District Health Department and Nampa and Meridian Irrigation District, and they are incorporated herein as if set forth in full. 18'. That comments were submitted by the Ada Planning Association whereby they recommend sidewalks be incorporated into the site plan to link the proposed buildings as well as link the buildings with the sidewalks on the major roadway and that bicycle parking be incorporated into the development. 19. That the Ada County Highway District submitted draft site specific comments and they are incorporated herein as follows: 1. Dedicate 53 feet of right-of-way north of the section line of Fairview Avenue abutting the parcel (13 additional feet) 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. 2. Dedicate 45 feet of right-of-way east of the section line of Meridian Road abutting the parcel (5 to 232 feet addition) by means of recordation of a final subdivision FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 6 plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 3. Provide a recorded' cross access easement for the parcel to the east (if not previously provided) and all internal lots for access to the public streets prior to issuance of a building permit (or other permits). The District intends to require a similar agreement of the owners of the parcel to the east and the internal lots if they are the subject of a future development application. 4. Construct a pedestrian ramp at the northeast corner of Fairview Avenue and Meridian Road, abutting the site. The construction of the pedestrian ramp shall meet ADA standards. 5. Relocate the pedestrian ramp at the northwest corner of Fairview Avenue and E. First Street to reduce the conflict with the pedestrian ramp and the existing utility pole and box. Coordinate the construction and relocation of the pedestrian ramp with District Staff to meed ADA standards. 6. Replace the curb cut driveway on Meridian Road, located approximately 554 feet north of Fairview Avenue, with a standard 30 foot wide curb return with a 15 foot radii. 7. Restrict the curb return driveway on Meridian Road, locate approximately 544 feet north of Fairview Avenue, to right turns only. Coordinate appropriate signage with District Staff. 8. Replace the curb cut driveway on Fairview Avenue, located approximately 157 feet east of Meridian Road, with a standard curb return driveway with 15 foot curb radii. The driveway shall be restricted to right turns only with appropriate signage. 9. The curb return driveway or. Meridian Road, located 354 feet north of Fairview Avenue, is approved. 10. Construct a 6 inch raised median in the center of Fairview Avenue, from the western edge of the driveway to the existing median on Fairview Avenue, to prohibit heft hand turns at this driveway. Coordinate the design of the median with District Staff. 11. Construct a 6 inch raised median in the center of Meridian Road from the Fairview Avenue/Meridian Road intersection to a point 50 feet beyond the northern edge FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 7 of the driveway to prohibit left hand turns at this driveway. Coordinate the design of the median with District Staff. 12. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 20. That the Ada County Highway District stated it would very much appreciate it if the Applicant grant the District an easement for a 10 to 12 space Park & Ride area, with the location to be coordinated with District Ride Share. 21. That Chris Beeson, the Applicant's representative, testified that there is no specific development planned for the parcel at this time; that the main purpose of the application was not to construct any improvements but rather to reconfigure lots in a•minor fashion between the Albertson's parcel and the shops parcel so that they could also own frontage along Fairview Avenue as opposed to just the frontage on Meridian; that the Applicant would agree to have any further development of the rear parcel, believed to be proposed Lot 1, subject to a conditional use permit at the time of development in the ,future; that the Applicant would work with staff and the Commission regarding the traffic circulation plan dealing with ingress and egress; that the Applicant will be regresting a variance from the standard landscaping requirements due to the limited parking aisles; that the Applicant will- be working with the Ada County Highway District regarding their requirements. 22. That Steve Sweet, the project's engineer, testified that this entire 12 acre site includes a number of businesses in the FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 8 Cherry Plaza including Albertson's and a bank in the store, and Pioneer Federal Credit Union; that the Applicant, Cherry Plaza Associates, has previously come before the City with a request for a resubdivision and the outcome of that process was that the Applicant agreed to provide a plat on the 9 acre parcel and bring in the 3.6 acres into the City; that following the resubdivision, Albertson's purchased Lot 2 and that Albertson's and Cherry Plaza Associates are Applicants in this subdivision; that the proposed site to be annexed is vacant; that north of the site is LaPlaya Manor, 'that the Five Mile Drain is a shared boundary and to the north and west is Horizon Day Care; that the Applicant will. be asking for a variance in providing some compact [parking] spaces, a little bigger than 7.5 feet along Fairview behind a landscaping strip. 23. Mr. Beeson added that where proposed Lot 4 comes back, or north, except for the frontage of where U.S. Bank was, is owned by the Applicant and there is a recorded easement; that when Albertson's remodeled they made a deal with U.S. Bank to add 18 parking spaces to the area north of where U. S Bank stood but that the 18 stalls are not included in the 423 total spaces. 24. There was no other testimony given.. 25. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been followed. CONCLUSIONS FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 9 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the' mailing of notice to owners of property within 300 feet of the external boundaries of the Applicants' property'. 2. That the City df Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the City Planning and Zoning Commission has judged this annexation and zoning application under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Council may take judicial notice of government ordinances, and policies; afid of actual conditions existing within, the City and State. 61,That the land within the, propos:*9d annexation is f contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 10 0 8. That since the annexation and zoning of land is a legislative', function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways. 10. That the Applicant has not, stated or represented any specific development plans for the parcel. 11. That, as a condition of annexation and the zoning of C -C, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address, among other things, the following: 1. Inclusion into the development of the requirements of 11- 9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. C. H, Public Sites and Open Spaces. d. K, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. 2. Payir°-nt by the Applicant, or if required, aKy assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City. 3. Addressing the subdivision access linkage, screening, buffering; transitional land uses, traffic study and recreation services. 4. An impact fee to help acquire a future school or park sites to serve the area. FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 11 5. An impact fee, or fees, for park, police, and fire services as determined by the city. 6. Appropriate bermng and landscaping. 7. Submission and approval of any required plats. B. Harmonizing and integrating the site improvements with any existing residential development. 9. The sewer and water requirements. 10. Traffic plans and access ,into and out of the development. 11. And any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing as required under the Meridian Comprehensive Plan. 12. That Section 11-2-417 D of the Meridian Zoning Ordinance states in part as follows: "If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. that since the enactment of the above section, the City has found that it is difficult for the City and the Applicant to enter into a development agreement prior to annexation; that it is therefore concluded that a development agreement shall be entered into, dealing with the ;."Matters set forth in the preceding sectio,;h prior to issuance of a building permit. 13. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian. 14. It is further concluded that the comments, recommendations and requirements of City of Meridian Departments, FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 12 the comments of Shari Stiles, Planning and Zoning Administrator, the comments of Bruce Freckleton, Assistant to the City Engineer, and other governmental agencies,' will have to be met and complied with. 15-. That the Applicant and all users of the property shall meet and comply with all of the Ordinances of the City of Meridian, specifically including the water and sewer requirements; -Fire Code, Fire and Life -Safety 'Code, and the Uniform Building, -Electrical, Mechanical, and Plumbing Codes. 16:." That all ditches, canals, and waterways shall be tiled as a condition'of annexation and if not so tiled, the property shall be subject to de -annexation. 17. That proper and adequate access to the property is available and will have to be maintained. 18. That these conditions shall run with the land and bind the Applicant and its assigns. 19. With compliance of the conditions contained herein, the annexation and zoning of Community Busines's District (C -C), would be in best interest of the City of Mer`id'ian., r FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 13 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian- Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP VOTED COMMISSIONER OSLUND VOTED COMMISSIONER SHEARER VOTED COMMISSIONER MacCOY VOTED CHAIRMAN,.JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Rezone requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the property be required to meet the comments of the Meridian Departments and the other governmental agencies. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 14 r MERIDIAN CITY COUNCIL MEETING: JANUARY 20 1998 APPLICANT: ITEM NUMBER: 6 REQUEST:• REQUEST FOR EXTENSION OF PRELIMINARY/FINAL PLAT FOR FIRST STREET PLAZA ,A AGENCY COMMENTS g ti CITY CLERK: CITY ENGINEER: ' CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: s CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: 'ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ■■ Quadrant Consulting, Inc. December 31, 1997 Ms. Shari Stiles Meridian City Planning and Zoning Dept. 33 East Idaho Ave. 3 Meridian, Idaho 83642 Re: Extension for the Preliminary/Final Plat Approval for Cherry Plaza Dear Shari: On behalf of the owners of the project referenced above, Quadrant Consulting respecifully reouests and extension of the approval for the Preliminary/Final Plat for "First Street Plaza." This e. —;sion is necessary, because the plat has not been fully completed. Our clients, the owners of l.c property desire to keep the approvals in place until this is completed. The one hundred dollar fee for the extension is attached to this letter. If you have any questions please' call. Thanks for your consideration. Sincerely QUADRANT CONSULTING, INC. Warren Stewart EIT. f 405 S. 8th Street, Ste, 295 • Boise, ID 83702 • Phone (208) 342-0091 • Fax (208) 342-0092 • Internet; quadrantgmicron.net Civil Engineering . Surveying e Construction Management w Meridian City Council January 7, 1997 Page 9 Corrie: Motion made by Mr..Morrow, second by Mr. Rountree, to approve the final plat subject to the conditions as stated in.the, motion, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: PUBLIC HEARING CONTINUED FROM DECEMBER 17,1996: REQUEST FOR ANNEXATION AND ZONING TO C -C BY CHERRY PLAZA ASSOCIATES: Corrie: At this time I will open the public hearing and invite the representative from Cherry Plaza Associates to%come forward. Steve Sweet, 405 S. eh Street, Boise,, was sworn by the City Attorney Sweet: Mayor and members of the Council, we are following up on a plat that we originally brought before the City Council on March 5, 1996 where we talked about a resubdivision of the Cherry Plaza property' at First and Meridian and Fairview, pardon me. The Council endorsed a resubdivision which proceeded on May 3`d, and was consummated on May 3`d, the site was resubdivided. With the resubdivision, Albertson's has purchased a parcel. I am before you tonight representing Cherry Plaza Associates and Albertson's in this request. We have proceeded with the application for annexation and zoning which .we have here before you, tonight, staff has made recommendations'of conditions of approval, findings of. fact and conclusions of law have handed to -the Mayor and City Attorney a copy of some house keeping items we would like to see made to the annexation and zoning findings of fact and conclusions. The items=which there are a number of items marked, staff has received a copy of this I believe previously. What we would like to bring to the attention of the Council is that the Highway District since we -have been through this process have come up with final conditions. We, would like to see on page 6, condition '19 where the Highway District has submitted draft conditions that the Highway District has submitted final conditions and we wouldlike to see the appropriate portions of the Highway Districts final conditions incorporated in the findings of fact and conclusions of law. Pardon me Walt that is the correspondence I -gave to Council it is dated 12-27. Another item we would like for clarification is on item 16, page 13, states that all ditches, canals and waterways should be tiled and we would like to go on the record that we understand this excepts the Five Mile Drain which is shown as a waterway to be left open in the City of Meridian. We are operating under the impression that waterway: will not be tiled. There are a couple of other minor points on here of what we would like to do, is' request the City Council to direct the City Attorney to look at our request and make the appropriate changes to these ,conditions to reflect what we believe are the true conditions. With that we would also request Council approve the annexation and zoning for this 12.6 ,acre parcel. I would be pleased to stand for questions. Meridian City Council January 7, 1997 Page 10 Bentley: Mr. Mayor, Steve you and I spoke out on the. site concerning reconfiguring the parking lot, is that going to be taken care of? Sweet: Yes it is, before Planning and Zoning we have presented a number of changes we would make to the site. We are looking at an entryway, I can show you the overhead that was introduced and in the City record. Actually that is modified to some extent. What we will be doing, the primary concern as I understand it, is that at First Street we have quite a bit of confusion with the traffic trying to leave the site at the stop light. We have talked to the H ighway'Di strict about reconfiguring the light sequence. We are working with staff on extending an island in to minimize the conflict that is occurring at that intersection. I think staff may be able to talk to that. Our intention is to, while this site is under parked, we acknowledge that we do not want to lose any more site, any more parking areas. The Highway District has requested a 12 foot strip off of the front, we are working toward reconfiguring our parking and keeping the same number of parking spaces but also Councilman Bentley's concern about the traffic is revising that area and putting in parking islands and turn restriction islands. Corrie: Any further questions of Council? Sweet: In°conclusion we request your favorable motion and (inaudible) thank you. Corrie: Is there anyone else from the public that would like to enter testimony on this Cherry Plaza annexation and zoning? Hearing none, Council, discussion or questions? Hearing "non e;l will close the public hearing. Morrow. Mr. Mayor, in lighf of the issues that Mr. Sweet brought up with respect to amending the findings of fact and conclusions, I guess my question would be is, I think those are small enough that we , could do them just request the attorney to, from my perspective amend the current, findings offact and conclusions and allow them to proceed forward. I don't have a problem -with that I would like to hear discussion from the other guys. Rountree: I'would just like to get some assurance from staff that their issues have been addressed. Morrow: I agree with that. Shari and Gary, your input on this project with respect to all issues, the findings, the staff recommendations? Smith: I don't think we have any concerns as long as the applicant is willing to'abide by the staff recommendations and I believe they are. Bentley: Mr. Mayor, I have a question for Shari, since ACHD has ganged their approach to what they need to do, does this affect your, landscaping plans? Meridian City Council January 7, 1997 Page 11 Stiles: I haven't seen any landscaping plans, I don't know what they are proposing to do. That was one of my comments is that they were to submit detailed landscaping plans prior to signature on the plat. Morrow. Mr. 'Mayor,4 i would move that we approve the findings of fact and conclusions of, law for the annexation and zoning to C -G by Cherry Plaza Associates. subject to the amendments that we have discussed tonight and subject to meeting all of staff conditions. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that we approve the findings of fact and conclusions of law as amended subject to all the amendments and the conditions of staff, any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: Morrow - Yea, Bentley:- Yea, Rountree - Yea, Tolsma --Yea MOTION`CARRIED: All Yea Morrow. Mr. Mayor, I would move we instruct the City Attorney to prepare and annexation ordinance for Cherry Plaza and Associates. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to instruct the City Attorney to draw up an annexation ordinance, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: PUBLIC HEARING: REQUEST FOR PRELIMINARY/FINAL LAT FOR FIRST STREET PLAZA BY CHERRY PLAZA ASSOCIATES: Corrie: " I will open the public hearing' at this time and invite the representative of the Cherry Plaza Associates. I Steve Sweet, 405 S. 81" Street, Boise, was sworn by the City Attorney. Sweet: Mayor and members of the Council, same project. We have been through the resubdivision that staff has put out a letter dated September 11, 1996 with conditions for the preliminary and final plat Conditions 1 through 10, item 10 on the conditions was respond in writing to each of the comments contained in the memorandum and submit to the City. That letter was submitted on October 7 that Ms. Shari Stiles where we respond to each of the ten conditions. One of the conditions that was placed was a x r s ;�°t i:....._ , -+a.> �: 4r�: �.."xrw. ;,, +.cc• a..:S:F. }:<.._:�if'tT.�^ ecaC � :^T+. .,:.�'il:T".S' �i i^'s*s'.! �iC!:+ �k;+.,_"t..`^_r..;. .. ' �:.a.� : tx ,...%'=" +:�iSF�'��"',"'�M'A=. Meridian City Council January 7, -1997 Page 12 landscape plan. We have been working with the reHighway District_ to decide how much ground we are going to have to work with. on landscaping. We have riot .'done a landscaping plan: We. intend to submit one <for staff review and comment and approval prior to requesting the City Engineer to sign the 'final plat.' In this letter we have just again for house keeping purposes we have requested that the landscaping meet staff review and approval. That we not necessarily meet the current standards and that the shopping center was built prior to the standards coming into effect. We will put as much landscaping in as we can fit. We would like to keep the current number of car .parks, in there, perhaps be a, little more efficient in our design of the parking area. Landscape areas which are not going to be needed for parking or control of parking ,through travel -way. The other request that we are making is that we are asking for a variance in our parking count. We don't presently meet the existing ordinance although we did lawfully erect the shopping center prior to the ordinance and we are looking to °maintainthe same number of parking places on site. With those criteria that we have some flexibility in landscaping and we have some flexibility in parking. We are- prepared to continue to work with staff and develop a landscaping plan which would 'enhance the City's gateway. I would be happy to answer any questions that you may have if you would like any more specifics. In conclusion we would request a motion for the approval of the preliminary and final plat for First Street Plaza plat. Thank you. Corrie: Is there anyone else from the public that would like to enter. testimonygon this preliminary and final plat? Council, discussion or -questions of staff? .4 Rountree: Question for staff, in your meetings with the applicant, have your issues been resolved with the exception of the landscaping, Shari and Gary? Stiles: Councilman Rountree, Mayor and Council, I be we have worked on the majority of the issues, My main concern is the landscaping and 1 also have a question about the additional piece that is being annexed into the City that whether Council is proposing that the variance for the parking include they be able to build additional structures on that site and still not meet the parking requirements. Morrow. Is that a question for all of us? Stiles: Yes Morrow+ Mr. Mayor, from my perspective the existing parking and existing shopping center were, built to the standards that applied at that time. We are annexing that ground knowing that there could be nothing reasonably done about the parking requirements. In my mind we need to live with that. I do think that we need to take care of the landscaping issues and make sure that they reflect a nice looking shopping center and it is consistent with what we are asking along the Fairview and Cherry Lane corridor. With respect to new property that might be added to the site then in. my mind if there is nothing been built on it and it ;is being added to the site then it complie' with SY1}i!=: ;<:"CY:: zsGe'c�. -,���' x ...w.....r•. � :.:: � :•.� _,,9t. <--- �`ti, ,� �v.;x �?: "fta "u - "�"'" �e:;.r -- r r ._ .. : _ .,•,x ,.;aa • � .,.ter .., ;. +,-e .: k. _ :.,....,.e++.aa. '` � s:.c"�'g'"k5w'� a.� 31Aeridian City Council January 7, 1997 Page 13 the current ordinances and current requirements that. are in aeffect today because they have access to those -and they know what they are. So they can plan their buildings and parking. lots based"on those ordinances that are in effect today. Stiles: Thank you Rountree: I. concur Bentley: I concur Corrie: Any further discussion, Council questions? Hearing none I will close the public hearing. Morrow. Mr. Mayor, I would move that we approve the preliminary and final plat for First Street Plaza by Cherry Plaza Associates subject to resolution of staff conditions specifically concerning landscaping and parking issues. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the preliminary and final plat subject to conditions stated in the motion, any further discussion? Hearing none, all those in favor? Opposed? MOTION CARRIED: All Yea (END OF TAPE) ITEM #7: PUBLIC HEARING: REQUEST FOR A VACATION OF FARMINGTON ESTATES NO.2 PLAT AND STREETS BY ED BEWS: Corrie:,I believe this is also a house keeping thing Council too. You all have that in front oyou. Any questions or discussions? Is there any representative from the Farmington Estates No. 2 here this evening? Anybody from the public that would like to enter testimony on this subject? Hearing none I will close this public hearing. Morrow. Mr. Mayor, I would move that, Council advises me we do not ' have to have findings, so I would move that we grant the vacation of Farmington Estates No..2 by Ed Bews. Bentley: Second Corrie: Motion made by Mr. Marrow, second by Mr. Bentley that we approve the fequest for vacation of Farmington Estates No. 2 plats and streets, any further discussion? Hearing none, all those in favor? Opposed? MERIDIAN PLANNING & ZONING COMMISSION MEETING: SEPTEMBER 16.1996 APPLICANT: CHERRY PLAZA ASSOCIATES AGENDA ITEM NUMBER: 14 REQUEST; PUBLIC HEARING: ANNEXATION/ZONING TO C -C FOR FIRST STREET PLAZA AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS 4 CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: S "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: 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: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials- presented at public meetings shall become property,of the City of Meridian. 'NILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administratpr PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor MEMORANDUM: r COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY September 11, 1996 To: P&Z Commission/Mayor & Council From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator' Re: .Request for Annexation and Zoning with Preliminary/Final Plat for First Street Plaza (by Cherry Plaza Partners) We have, reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: ANNEXATION & ZONING: t I . The legal description submitted with this application for Annexation and Zoning appears to meet `all of the criteria required by Meridian City Resolution #158, and the Idaho State Tax Commission. 2. As a condition of annexation, all uses proposed for the area to be annexed shall be approved under the conditional use permit process. Particular consideration will be necessary to buffer the adjacent residential use (La Playa Manor). Five Mile Creek is designated as a Multiple Use Pathway in the Meridian Comprehensive Plan. No encroachment of the existing easement is allowed. 3. A development agreement is required as a condition of annexation. PRELIMINARY / FINAL PLAT GENERAL COMMENTS: 1. Any existing irrigation/drainage ditches crossing the -property to be included in this project, shall be tiled per City Ordinance l I -9-605.M. The ditches to be piped are to be shown on the Preliminary Plat. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. C.?OFFICE%U'P%7MGENERAL\1 SMLAZA. PP P&Z Commission/Mayor & Council September 10, 1996 Page 2 3. 'Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with development plans. ' �r. 4. Water service to future development is contingent upon positive results from a hydraulic analysis by our computer model. 5. Indicate,any existing FEMA Floodplain Boundaries on the Preliminary Plat Map, and/or any pians to reduce said boundaries. 6. Numbering of lots needs to be consecutive 7. Final plat pages 1 and 2 needs to include the signed seal of the Registered Land Surveyor. 8. Complete the final plat Certificate of Owners and -accompanying Acknowledgment. 9. Please submit"a copy of the'Ada County Street Name Committee's approval letter for the Subdivision,'street names, and lot numbering. Make any corrections necessary to conform. 10. Respond in writing, to each of the comments contained in this memorandum, both General and`Site Specific, and submit to the City Clerk's Office prior to the scheduled hearing. PRELIMINARY / FINAL PLAT SITE SPECIFIC COMMENTS Sanitary sewer service to this project could be, from existing mains on site. Subdivision designer shall field -verify the location of the existing sewer mains. The field -verified locations need to be shown on the revised preliminary plat map along with the dedicated easements; additional easements may or may not be required; depending on the results of field verification. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of further development. needs to'be contingent upon our ability, to accept the additional sanitary, sewage generated. The subdivision designer is to coordinate main sizing and routing with the Meridian Public Works Department. 2. Water -service for these lots could be from existing mains on site. Subdivision designer shall field -verify the location of the existing water mains. The field -verified locations need to be shown on the revised preliminary plat map along with the dedicated easements; additional easements may or may not, be required, depending on the results of field verification. The subdivision designer is to coordinate any new main routing with the Meridian Public Works Department. Coordinate `fire hydrant placement with the City of Meridian's Water Superintendent. Fire hydrant locations shall be depicted on the preliminary plat map. 3. An analysis of historical water consumption` needs to be performed by the Public Works Department to determine whether additional sewer and water assessments need to be C.IOFFICOWPWRCCENERALIiSfPLAZA.PP . P&Z Commission/Mayor & Council September 10, 1996 Page 3 collected from the owner/applicant, prior to signature on the final plat map. The owner/applicant will be required to enter into an Assessment Agreement with the City of Meridian with an annual review period, prior to signature on the final plat. 4. Revise the Preliminary Plat to include pressurized irrigation, with proposed source. Any proposal for a'supplementary connectionTrom the City's water system to the pressurized irrigation system will need to be reviewed closely due to the size of the area to be watered. Applicant shall provide a statement as to the ownership of and operation and maintenance for, the pressurized irrigation system. 5. Provide a, detailed lighting plan to the Public Works Department for any new proposed parking lot lighting. Illumination of the site shall be designed to not cause glare or adversely impact neighboring residential properties or the traveling public. 6. Landscaping and parking do not meet the requirements of City Ordinance. Ordinance Section 11-2-414.D.2 requires underground sprinkling and a minimum of one (1) three-inch (Y) caliper tree per 1,500 square feet of asphalt. The Applicant shall be required, as a condition of platting, to meet current Ordinance requirements (Ordinance Section 11-2-406.D.) unless a variance is granted by the City Council. Sufficient room is available along Fairview/Cherry Lane to provide a planting strip adjacent to the roadway. In addition, landscaping can and should be incorporated within the parking lot to provide better traffic circulation and ease the impact of the "heat island" this parking lot creates. Applicant is to submit a detailed landscape plan' for approval. A letter of credit, cash, or approved surety bond is required for necessary improvements prior to signature on the final plat. 7. All signs must meet the requirements of Meridian Ordinance. Off -premise signs are not permitted. Shared signage such as that currently existing on the site needs to be included in a common lot or relocated. 8. ACRD requirements, City policy and Comprehensive Plan dictate that all section line roads have a minimum 90' right-of-way. 9. All`modifications and/or additions to the site drainage system must be reviewed by the Public Works' Department per City Ordinance. Two parking areas have been constructed in the recent past without "the review and approval of the City of Meridian. 10. Add the following notes to the final plat: 3) Building setbacks and dimensional standards in this subdivision shall be in compliance with the applicable zoning regulations of the City of Meridian. 4) Any .re -subdivision of this plat shall comply with the applicable zoning regulations in effect at the time of re -subdivision. C:\OFFICE\W PW KGENERAL11 S7PLAZA.PP P&Z Commission/Mayor & Council September 10; 1996 Page 4 5), The owner of each lot, across which passes an irrigation/drainageditch or pipe, is responsible for the maintenance thereof, unless such responsibility is assumed by an irrigation/drainage district. 6) The bottom elevation of building footings shall be set a minimum of 12" above the highest established seasonal ground water elevation. 11. Isn't there an existing easement fof the Settler's ditch as it traverses across the site? ii­tLLIAM G. BERG, JR., City Clerk ...ANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART,,Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L: STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supeniiior KENNETH W. BOWERS, -Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR.,'Attomey HUB OF TREASURE VALLEY A'Good­Place to Live QITY 0E-MER-11-DIAN 33 *EAST IDAHO MERIDIAN, IDAHO 83642 Phone(208)888- 4433 *FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 M,otor.Vehicle/DriversLicense (2 08) 888-4443 f ROBERT D C&km Mir O N .0 M MB ma WALT W. MORROW,` President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY 1 y P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM.MACCOY F 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 11 Planning & Zoning Commission, please submit `your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: ySeptember 3, 1996 " TRANSMITTAL DATE: 8/19/96 a HEARING 'DATE:t9/10/96 REQUEST: Annexation and Zoning request` _ sry r r BY: Cherry Plaza Associates _ LOCATION OF PROPERTY 6R"PROJECT: NE coiner of FairvieW and Narth Meridiani y JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST.OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z. ADA COUNTY'HIGHWAY DISTRICT GREG,OSLUND, P/Z ADA. PLANNING -ASSOCIATION KEITH BORUP, PfZ1 j'CENTRAL DISTRICT HEALTH BOB.CORRIE,-MAYOR NAMPANERIDIAN IRRIGATION DISTRICT RONALD;TOLSMA,.0/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE;;C/C IDAHO POWER'C0:(PRELIMA FINAL PLAT) WALT,MORROW, C/C U:S.'WEST(PREUM & FINAL -PLAT) GLENN BENTLEY, C/C ; INTERMOUNTAIN GA ( ELIM & FINAL PLAT) WATER DEPARTMENT _ _ BUREAU OF REC N( ELI P'_'AT) SEWER DEPARTMENT' CITY FILES: ; BUILDING; DEPARTMENT ,, OTHER:. . . FIRE DEPARTMENT YOUR CONCISE RE RKS: POLICE DEPARTMENT CITY: ATTORNEY. CITY ENGINEER- , u , CITY PLANNER , r p , . ENC AU 6 1 0 1996 a CITY OF MERRIMA .:ILLIAM jG. BERG, JR., City Clerk j4ICE L. GASS, City Treasurer GARY D. SMITH, P.E.,,City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good PIie to Live CITY'OF M- MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208j 888-4433 • FAX (208) 887-4813 Public Works/Building Deparmoent (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. OORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P1 Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY 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 Sr, Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg,,City Cleric by: SMtember 3, 1996 TRANSMITTAL DATE: 8/19/96 HEARING DATE: 9/10/96 REQUEST: Annexation and Zoning request BY: Cheng Plaza Associates LOCATION OF PROPERTY OR PROJECT: NE comer of Fairview rand North Meridian Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUR4_AU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT CIT f FILES BUILDING DEPARTMENT OTHER: _ - C - (_ FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY r i ft k/ �. i' E %� 4 CITY ENGINEER CITY PLANNER A/h t rt Ay e i4 /b ( w,., ,," fG� Z"1Ada Planning Association 413 W. Idaho, Suite 100 Boise, ID 83702 (208) 345-5274 Fax (208) 345-5279 APA/ Serving Governments in Ada County Since 1977 MEMORANDUM RECEIVED' TO: Will Berg, City Clerk r - 3� City of Meridian CITY OF MERIDIAN FROM: Ma Edison, Technical Analyst DATE: Augu 30, 1996 Re: Annexation/Zoning Request - Fairview Avenue/North Meridian Road APA staff reviewed the proposed annexation and zoning request for property located at the northeast corner of Fairview Avenue and North Meridian Road. The proposed commercial development is in the vicinity of residential development. As such, APA recommends sidewalks be incorporated into the site plan to link the proposed buildings as well as link the buildings with the sidewalks on the major roadway. These sidewalks would minimize conflicts between pedestrians and vehicles and encourage residents in the neighborhood to walk to this development. We would also recommend bicycle parking be incorporated into the development. Should you have any questions,'please contact me. MH:JL MH\DEVREV\MERIDIAN\FAIRMERID.ZON PC: Sheri Stiles, City of Meridian File 540.09 City of Meridian Ada County Highway District, Ada County, Cities of Mike. Eagle, Garden City, Kuna, and Meridian Boise Auditorium District, Boise Independent School District, )ieridian.loint School District, and Boise State University F;qualOpporlunifv%Affirmative Aclion Employer CENTRAL CEN RAL DISTRICT HEALTH DEPART HENT r• DISTRICT Environmental Health Division ;: WiHEALTH ;.. Z '!1 �..��a. c1� Return to. , DEPARTMENT,,, s AUG 2 7 13,36 17Boise Eagle Rezone ## 14W % X,4 770,,l CITY OF :�ER,IDIAN ❑ Garden city _ A�rvle Gondltlonal- Use # _ - idian w r _. - „ ,. , Q Kuna' Preliminary / Final / Short Plat ❑ ACZ I. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. e ❑ 1, Specific, knowledge �as "to the exact type of use must be provided befor'le we can comment on'this Proposal. F 4.We will require more data concerning soil conditions on this Proposal before we can comment. - S. omment.-S.. Before we can comment concerning individual°sewage'disposal, we will require more data"concerning the depth of: ❑ high seasonal ground water r, a ❑ solid lava from original grade a � A ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and a water availability. > 1. - El 8. R,r'ter written approval from appropriate'entitie`s are "submitted, we can approve,this proposal for: ❑ central sewage ❑ community sewage system ❑ community,water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water 3,1 9. , ` The following plans) must be submitted to and approved by `the Idaho Department of Health & Welfare,' Division of Environmental Quality: f ;,J *:T_ ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water Street Runoff is not to create a mosquito breeding problem. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 14. 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 is. � t w�'t�n �t h t�chi �ylG�%Nc_L c% 7Ae Date: 'c -,or- Reviewed By: "r •. as .• :«•^ .tf. rt. ~ - r. h. CDHD 10/91 rd, rev. I/95. r Review Sheet Errn%IieCtltLj27.1499 6J7lArn.:i�w� ---wv.r.•cwi��. ---- Far* Plonnhp: 327.1400 324 MWIM D. 83441 Ph 5879225 Mnr*ntkm!.121.7450 il16C Ph. W d525 CT CENTRAL DISTRICT HEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL • BOISE. ID, 83704 , (208) 375.5211 . FAX; 327-M To present and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our erwironmeht, ,STORMWATER MANAGEMENT RECOMMENDATIONS 1 We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: ..1).GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho Regional Office, September 1995. F 2) STORMWATER MANAGEMENT MANUAL FOR'THE PUGET=SOUND, State of Washington Department- of Ecology, February 1992. „ G 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT. Serving valley, Elm m Boise, and Ada Counties Ada / Ida Cm* Office WIC flaia • Wildon &MM CoW* 0f * am" Cm* Office Vaby caw °fte 707 K mraw q PL 1606 Roberts 520 E ft Street K d 6wkwas "Heam► P.O. Bos IAM MCC61. 0. am 86ia. 0. 83704 8658.10. MM*fn Home. 0. i f 83105 PK 334.33M VW Ph. 587.4407 Serving valley, Elm m Boise, and Ada Counties Ada / Ida Cm* Office WIC flaia • Wildon &MM CoW* 0f * am" Cm* Office Vaby caw °fte 707 K mraw q PL 1606 Roberts 520 E ft Street K d 6wkwas "Heam► P.O. Bos IAM MCC61. 0. am 86ia. 0. 83704 8658.10. MM*fn Home. 0. 19014m Street F Ertr M Heagt - 327.7499 83105 PK 334.33M VW Ph. 587.4407 Mouton HWO. V. Pry 634.1194 Fahy Plonft. 327.1400 324 Mend= D. ✓)3647 Ph. 587.0225 hntrcottrm_ Ph. 888.6525 5�p - -''Soo- :.�..b CIT)! vKILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 8364 _ Phone (208) 888-4433 • FAX (208) 88%g- (� Public Works/Building Department (208) 887-2211 1 Motor de7ricle/Drivers License (208)888-44AUG 2 1, 1996 A ROBERT D. CORRIE NAMPA Mayor IRRIGATION DISTRICT O COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN ` To insure that your comments and recommendations will be considered by theWeridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: September 3, 1996 TRANSMITTAL DATE: 8/19/96 HEARING DATE: 9/10/96 REQUEST: _Annexation and Zoning request BY: Cherry Plaza Associates LOCATION OF PROPERTY OR PROJECT: NE comer of Fairview and North Meridian Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR -,2—(NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C - SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) - GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) `,NATER DEPARTMENT BUREAU OF RECLAPJA70N(PREUM & FINAL PLAT 5�WER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: " FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Meridian Irrigation POLICE DEPARTMENT District has no comment on the above referenced CITY ATTORNEY app I iicat ion. CITY, ENGINEER CITY PLANNER Sincerely, Bill Henson Asst. Water Superintendent jy+ 4 017 - Ca r 0i CLAUSENINSURANCE -SERVICES .... Chuck & Judy Clausen APRIL 29, 1999 TO: MAYOR CORRIE FROM: JUDY A. CLAUSEN RE: SHOPPING CENTER ON FAIRVIEW AND 1ST STREET I HAVE NOT LIVED IN IDAHO VERY LONG, 10 MONTHS, BUT I THINK MERIDIAN IS DOING A NICE JOB OF FIXING UP TOWN. BUT THE SHOPPING CENTER WITH ALBERTSONS MARKET NEEDS SOME WORK. IT IS SO DRAB AND UGLY. IT COULD USE SOME PAINT AND SOME LANDSCAPING. SOME TREES WOULD BE NICE. ALBERTSONS USUALLY HAS ALL THEIR STORE LOCATIONS LANDSCAPED NICE, BUT NOT THIS ONE. I WONDER IF SOMETHING COULD BE DONE? I KNOW ALBERTSON IS BUILDING A NEW STORE ON EAGLE. ARE THEY GOING TO CLOSE THE ONE ON FAIRVIEW AND 1ST? MY ADDRESS IS BOISE BUT I LIVE IN BRISTLE HEIGHTS AND WORK OUT OF OUR HOME. 14025 Elmsprings Street • Boise, Idaho 83713 Phone (208) 939-5251 • Fax (208) 939-5260 COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL,=TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN } To insure that your comrnents£and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and-recommendation`to Meridian City Hall, Attn: Will Berg, City Clerk by: ember 3. 1996 TRANSMITTAL DATE 8/19/96 HEARING DATE: 9/10/96 REOUEST: Preliminary/Final Plat for First Street Plaza BY: Cherry Plaza Associates LOCATION OF PROPERTY OR PROJECT: NE corner of Fairview and North Meridian Road JIM JOHNSON, P/Z , `MERIDIAN SCHOOL DISTRICT OFFICIALS HUB OF TREASURE VALLEY WII�IAM G. BERG, JR., City clerk A Good Ptax to Live JANICE L. GASH, City Treasurer GARY D. SMITH, P.E., City Engineer:. CITY OF 1'VIERIDIAN BRUCE D. STUART, Water Works Supt. CENTRAL DISTRICT HEALTH JOHN T. SHAWCROFT, Waste Water Supt.. 33 EAST IDAHO- DENNIS J. SUMMERS, Parks Supt. SETTLERS IRRIGATION DISTRICT SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 PATTY A. WOLFKIEL, DMV Supervisor Phone (208)588-4433 • FAX (208) 887-4813 KENNETH W. BOWERS,, Fire Chief "BILL' Public Works/Building Depar anent (208) 887-2211 W.L. GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attomey Motor Vehicle/Drivers License (208) 888-4443 ` SEWER DEPARTMENT ROBERT D. CORRIE BUILDING. DEPARTMENT Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL,=TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN } To insure that your comrnents£and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and-recommendation`to Meridian City Hall, Attn: Will Berg, City Clerk by: ember 3. 1996 TRANSMITTAL DATE 8/19/96 HEARING DATE: 9/10/96 REOUEST: Preliminary/Final Plat for First Street Plaza BY: Cherry Plaza Associates LOCATION OF PROPERTY OR PROJECT: NE corner of Fairview and North Meridian Road JIM JOHNSON, P/Z , `MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z —'---.:—MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z' ADA PLANNING ASSOCIATION KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH _BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT _RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT _CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) _WALT MORROW, C/C U.S. WEST(PRELIM &FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT -BUREAU OF r ECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING. DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: _POLICE DEPARTMENT --- CITY ATTORNEY , CITY ENGINEER -CITY PLANNER &. s PROPERTY DESCRIPTION July 25,"1996'z , ., , ■�QG � t lit A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF SECTION 6, TOWNSHIP 3 =NORTH; RANGE 'l EAST, BOISE MERIDIAN; ADA COUNTY; -IDAHO, BEING MORE ,PARTICULARLY,DESCRIBED AS_FOLLOWS: , 4 .COMMENCING ATTHE SOUTH 1/4 CORNER OF SAID SECTION 6yWHICH IS MARKED BY -A BRAS S—CAP, THENCE SOUTH 880 01' 10" WEST,1,699.50 FEET ALONG THE i;SOUTH.BOUNDARY OF SAID SECTION 6 TO A -POINT. SAID POINT BEING NORTH 880 01'10" EAST 705.14 FEET OF THE SOUTHWEST CORNER OF SAID SECTION 6 WHICH IS MARKED BY A BRASS CAP; _THENCE -NORTH 00° 14' 50" WEST 40.02 FEET TO A POINT ON THE NORTH RIGHT-OF—WAY LINE OF FAIRVIEW AVENUE DESCRIBED IN A WARRANTY DEED FILED IN ADA COUNTY RECORDS ON JULY 26, 1977 AS INSTRUMENT NO. 7734815. �SAIDTOINT IS THE POINT OF BEGINNING; AND INITIAL' POINT AND IS MARKED BY A 2" DIAMETER BY 36" LONG IRON PIPE AND BRASS CAPP;THENCE; SOUTH 880 01'10" WEST 650.00 FEET ALONG SAID NORTH RIGHT—OF—WAY LINE TO A 5/8" IRON PIN; THENCE,:. NORTH 480 05' 26" WESTt20.42 FEET ALONG SAID NORTH RIGHT—OF—WAY LINE TO A 5/8" IRON PIN ON THE EAST RIGHT—OF—WAY LINE OF NORTH MERIDIAN ROAD. SAID POINT IS 40.00 FEET EAST (WHEN MEASURED ATtRIGHT ANGLES) FROM -THE WEST BOUNDARY OF.SAID SECTION.6; THENCE, J.a, NORTH 000 1620" WEST,45.38`FEET ALONG SAID EAST RIGHT-OF—WAY LINE OF A NORTH MERIDIAN ROAD TO A 5/8" IRON PIN; THENCE, SOUTH 890 43' 40". WEST 9.94 FEET TO A 5/8" IRON PIN ON THE EAST RIGHT—OF—WAY LINE OF SAID NORTH MERIDIAN ROAD DESCRIBED IN A WARRANTY DEED FILED IN •ADA COUNTY RECORDS ON JULY; 22, 1991 AS INSTRUMENT NO.913967.9 AND.IS 30:06 FEET EAST"(WHEN MEASURED AT RIGHT ANGLES) FROM SAID WEST BOUNDARY OF SECTION 6; THENCE, NORTH,l ° 06' 01"`WEST 349.86 FEET ALONG SAID EAST RIGHT—OF=WAY OF NORTH MERIDIANROAD`DESCRIBED IN SAID;WARRANTY DEED (INSTRUMENT NO. 9139679) TO A 5/8 IRON PIN WHICH IS 25.00 FEET EAST (WHEN MEASURED AT RIGHT ANGLES) FROM SAID WEST BOUNDARY OF -SECTION 6; THENCE, — NORTH 00 06'26" EAST 173.25 FEET ALONG SAID EAST RIGHT-OF—WAY LINE OF NORTH MERIDIAN ROAD TO A 5/8" IRON PIN; THENCE, NORTH 880 OF 10" EAST 251.45 FEET ALONG A LINE PARALLEL -WITH AND 622.76 FEET NORTH (WHEN MEASURED AT RIGHT ANGLES) FROM .THE SOUTH ' : 11 'X BOUNDARY OF SAID SECTION 6 TO A 5/8" IRON PIN;,THENCE; r r t ° ■■ .A ■■Qc' NORTH 16° 14'01" EAST 66.42 FEET (FORMERLY NORTH 160 01'02" EAST 62:69 FEET) PASSING THROUGH A FOUND IRON PIN AND ALONG THE APPROXIMATE CENTERLINE OF A DITCH TO A 5/8" IRON PIN; THENCE, NORTH 000 43'44" EAST 49.09 FEET (FORMERLY NORTH 000 39'02" EAST 49.13 FEET) ALONG THE, APPROXIMATE CENTERLINE OF A DITCH TO"A 5/8" IRON PIN; THENCE, ALONG A CURVE TO THE LEFT 44.39 FEET (FORMERLY 44.33 FEET) ALONG THE APPROXIMATE CENTERLINE OF SAID DITCH TO A 5/8" IRON PIN; SAID CURVE HAVING A RADIUS OF 34.22 FEET, A CENTRAL ANGLE OF 74° 19'40" (FORMERLY 74° 18'32") AND,A LONG CHORD BEARING NORTH 360 26'06" WEST 41.34 FEET (FORMERLY NORTH :36° 30'14" WEST 41.28 FEET); THENCE,.. T NORTH 370 3730" EAST 234.42 FEET (FORMERLY NORTH 37° 53' 00" EAST 239.13 FEET), TO A POINT ON THE SOUTH BOUNDARY OF LAPLAYA MANOR ESTATES SUBDIVISION AS RECORDED IN ADA COUNTY RECORDS SAID POINT FALLS IN THE FIVE MILE DRAIN DITCH; THENCE, I SOUTH 53° 05' 16" EAST (FORMERLY SOUTH 520 50'27" EAST) 791.25 FEET ALONG SAID SOUTH BOUNDARY OF LAPLAYA MANOR ESTATES SUBDIVISION TO A,5/8" IRON PIN WHICH FALLS IN SAID FIVE MILE DRAIN DITCH; THENCE, SOUTH 650 31'35" EAST 91.10 FEET (FORMERLY SOUTH 65° 16'46" EAST 91.22 FEET) ALONG SAID SOUTH BOUNDARY OF LA PLAYA MANOR ESTATES SUBDIVISION TO A 5/8"IRON PIN WHICH FALLS IN SAID FIVE MILE DRAIN DITCH, THENCE LEAVING SAID SOUTH BOUNDARY OF LAPLAYA MANOR ESTATES SUBDIVISION SOUTH 880 10'24" WEST 208.32 FEET TO A 5/8" IRON PIN (FORMERLY SOUTH 880 16' 00" WEST 209.00 FEET); THENCE, SOUTH 880 16S4" WEST 216.76 FEET TO A 5/8" IRON PIN (FORMERLY SOUTH 880 16' 00" WEST 218.00 FEET); THENCE, SOUTH 00 14' 50" EAST 373.92 FEET ALONG A LINE PARALLEL TO AND 1698:72 FEET WEST (WHEN MEASURED AT RIGHT ANGLES) OF THE EAST BOUNEARY OF THE SOUTHWEST 1/4, SECTION 6 TO THE POINT OF BEGINNING SAID PARCEL CONTAINS 12.60 ACRES, MORE OR LESS C:V PROJEC71132'02U.EGA.WPD AUG -16-1996 1413 UUHUKHNI l.UNSULIINU+ 1N1,. • a r. a ■EQC. August 16, 1996 F- �= ; ( 'C s City of Meridian . Final Plat Submission First Street Plaza (Cherry Lane) ITEM. 3. To the best of our understanding, the plat is in conformance with all requirements and provisions of the City of Meridian's Ordinance. 5. To.the best of our understanding, the plat is in conformance with acdeptable engineering, architectural' and"surveying practices and local standards. i TOTAL P.01 AUG 16,'96 14:09 208 342`0092 PAGE.01 CHERRY PLAZA ASSOCIATES, L. L. C. 475 S. Capitol Blvd., Suite '#300 - P.O. Box 7248 Boise, ID 83707-1248 208-345-9000 Fax: 208-345-9228 August 8, 1996 Ms. Shari Stiles, Planning Director/Zoning Administrator CITY OF MERIDIAN 33 E. Idaho Meridian, ID 83642 RE: FIRST STREET PLAZA (CHERRY PLAZA) - MERIDIAN, IDAHO Dear Shari:' Please be advised that this letter is authorization for Quadrant Consulting, Inc.. to submit the plat on our behalf for the above referenced project. Thank you for your assistance in this matter. Sincer ly '/Richard P. Clark Partner RPC: mka cc: Christopher J. Beeson -- F:\WFYCHEMSTHMOS.LTR 3 co 0000 as Iva / / L r'.r scrTiml"'T� — —must. ana• —� :oast' Y Sss_o-ori ,."� II I :I R�- t C rl b� ypal A IA 1 _ LCI ro►) �'rar� RZ e < —-4— .slru 3.9Z,S600N t;97111ift------- m J 2� 39NYN it u <` \i cr) ^8 ^� jJ1111 11 ff 3 MVIdin I I Nva Q uSz 0L3a@k �3a W 53g� cc �m 0000 as Iva / / L r'.r scrTiml"'T� — —must. ana• —� :oast' Y Sss_o-ori ,."� II I :I R�- t C rl b� ypal A IA 1 _ LCI ro►) �'rar� i R� RZ e < —-4— .slru 3.9Z,S600N t;97111ift------- m J azt_------��.—. 39NYN it SEI N $ <` \i h IN i !j ^� jJ1111 11 ff 3 MVIdin I I i R� C —-4— .slru 3.9Z,S600N t;97111ift------- m J azt_------��.—. 39NYN it 5o <` \i 1 ^� jJ1111 11 4 MVIdin I I II Ras h I I g � la �q � F ri ""• 8 I 1 I n �V 14 r�„�� INJ! y ' 1 a —-4— .slru 3.9Z,S600N t;97111ift------- 9Q3K �)0.9¢wN azt_------��.—. 39NYN it <` \i ------- 'Ag •15341 1 390M - ------ ^� 3w'7tl3LVYJ was aYOU NWaffi3x xli)ox w 1NlOd ADA COUNTY' DEVELOPMENT SERVICES 650 Main, Boise, Idaho 83702 BUILDING DIVISION — Phone; (208) 364-2277 PLANNING & ZONING — Phone (208) 364-2277 a June 25, 1996 b x Ann Marie Quadrant Consulting, Inc. 405"S. 8 th St. Suite 295 Boise, Idaho 83702 F. RE: Subdivision.Name Reservation - FIRST STREET PLAZA SUBDIVISION Dear Ann: At.your request I will reserve the name "FIRST,. -STREET PLAZA -- SUBDIVISION" for you to use in place of "Cherry Plaza". I can honor this reservation only as long as your project is in the approval process. Final approval can only'take place when the final plat is recorded. Sincerely, k a " .t John E. Priester, P..E.L.S. County Engineer -" ! +. JP/.jp r e � REQUEST FOR SUBDIVISION APPROVALI,,l . i PREL•IMIHARY PL•AT":AND%U'R.FINAL-PLAT., µ - PLANNING -AND' ZONING CGMMIS:�ION A TIME TABLE FuR SUBMISSIG` : y " A request for preiaminary plat, approval must be in the City Clerks'pC,Esessic:r'no= 1a}ter than th•re,_:� _day:- idllouing the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at ' the 'monthly meeting.-- following- g_ -the month.. the . request- was made. Alter a pioposai enters the process �it may be -acted .upon at ,subsequent monthly meetingE __..-provided the necessary procedures- and documentation, are received before 5:00 _Y. M. , Thursday following the Planning and Zoning Commission, GENERAL INFORMATION•- 1. Name -of Annexation "'and" Subdivision, - Pirst. Street Plaza, 2. General Location,NEC-Fairview_&.No. Meridian Road, Meridian 3. Owners of 'record Cherry Plaza 'As'sociates LLC; c/o. Christopher J. - Beeson Address, P. O. Box, 2700, Boise, Zip 83702Telephone388-1231 4. 'ApplcantChristopher Beeson'_ Address, Same 5. x Engineer, Chuck'Christerisen Firm Quadrant Consulting, Inc. Address' 405-S., 8th--St,-Suite 2�j ' 83702Te1ephone ..34270091 ° i E. Name and address to rec'eive'City billir',gs: `'yNameCYirstopher BeesoJ v Address Same Teleph'orie _�-- I PRELIMINARY PLAT CHECKLIST: _'SAdivision °Features- -- - x - 1. Acres12.60 a 2. Number of lots" 3. Lots per acre _12 4. Density per acre NLS 5. Zoning Classification(s) Commercial 6. If the proposed-SILIDdivis on is outsides 'the Meridian City Limits but within the jurisdictional male, ;chat is the existing mooning cl-assasicataon RT 7. Does the pi at border a poteriti*al green bei't - No 6. Have rec'reation"al easernents been provided :for NA 5. Are there proposed recreational. amenities to the City No E;cplain 10. Are there proposed dedications of common areas? No Explain For future parks? Explain 11. What school(s) service the area NA,Ado you propose`any•agreements for future school sites Explain 12. Other proposed amenities to the City None Water -Supply Fire Deepartrnent Lther• _ 01 Euplain 13. Type'ot_Building (Residential, Commercial, Industrial 'or, combination) Commercial 14. Type of Dwelling (s) Single Family. Duplexes, Muitipienes, other Commercial 15. Proposed Development feata-res: ;a. Minimum square footage of lot(s), b. Minimum square footage of st-ructur,e (s Vo new structures proposed C. Are garages provides for, NA square footage d. Are other coverings provided for NA e. Landscaping has been provided for Yes, Describe Existing landscaping will be maintained (2. A MERIDIAN CITY COUNCIL MEETING: January 7, .1997 _ APPLICANT: Cherry Plaza Associates ITEM NUMBER; 5&6 REQUEST: Request for rezone, and Preliminary/final plat for First Street Plaza AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. SHERRY R. HUBER, President SUSAN S. EASTtAKE, Vice President JAMES E. BRUCE, Secretary a TO: Christopher Beeson PO`Box 2700 Boise ID '83702 FROM: Karen Gallagher, Coordinator Development Services Division SUBJECT: Preliminary Plat -FIRST STREET PLAZA MA -3-96 Meridian and Fairview 0, E L 2 3 113 Slt5. CITY OFETUDIA - -- December 20, 1996' On December 18, 1996, the Commissioners of the Ada'County Highway District (hereafter called "District") took action on�the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute and Inspection Agreement between the Developer and the'District together with initial payment deposit for inspection and/or testing- services. C. Complete all street improvements to the satisfaction of the District. or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th • Boise, Idaho .03714-6499 • Phone (208) 345-7680 ADA COUNTY HIGHWAY DISTRICT x Development Services Division Development Application Report Preliminary Plat & Annexation - First Street Plaza/MPP-14-96/MA-3-96 e r First Street Plaza is a 4 -lot commercial subdivision on 12.6 total acres. The applicant is also requesting annexation of 3.54 -acres with a change of zoning designation from RT to C -G. The site is located on the northeast corner of Fairview Avenue and Meridian Road. Assuming complete commercial development, the 3.54 -acre annexation parcel is estimated to generate 2,380 additional (8,820 total) vehicle trips per day based on the Institute of Transportation 'Engineers Trip Generation manual.- However, the applicant is proposing no new development with this application. Roads impacted by this development: Fairview Avenue Meridian Road i ACHD Commission Date - December 18, 1996 - 12:00 p.m. z Z Ali M ��Y / 2 z 11H �u r gSYaQ� NCLa id6��p� ji Y �Eh� ��o s Cid^< J a Q �r Lu�3C W a n __ }j / 3 IF'�r /�• $1000 sea ::,� ���/ ♦ rf/1fI ,, Vx.ur 8 111 i /• $u�o lI° 1 •.��r r.� 1i Mall i. `...,....y ........ ...........a i ,CZ n 4,1 06 '`� �-►►,cf.00M 3,atpa� �- � i��hag 3 I 1 = / v/, 1 AW l I PvI h "Iva Samu>s ,o J 1 uRYi3 ?t�isl l ,ttl9lt!�fZ.±IAIBittatti_!±_ _!tl '[' (- corrmr Inn 1 ! R9 •AR•I_I R;_IR RR RI�RR RIR- �,iii� �i � Ig�— ,�,� -TT ,,I' R W s I•I��I1 �I �II ” /� ' .l.l AIAI�1B14i 'B B:Bl,gwl- $614 616RtA!BWI i I W 'E R`VI��rz;tI3I�151!5� i11a3f¢II'ON �IlIlI I *511 i o z 11111I� III IIII s/1 U.la `u;Ci ,SMI i.9Z.9Qom - - - - _— + - _ _ 996K AL10.90.1OM y I " I e • e •Im 1 ]aYra _ _ OUT �U` �.....v.� nG 'ISi,I I )7MVY �� ��� iC7/K .11L/- 107Y - � - f1/1 G k t c7 !r+A/ ,`zt� ��Y y 11H r gSYaQ� cx 's fosuaor L la„.lr I f id6��p� ji Y �Eh� tt yy s Cid^< E�tiE@ ,I I auzru.., ���/ ♦ rf/1fI ,, Vx.ur 8 111 i /• $u�o lI° 1 •.��r r.� 1i Mall i. `...,....y ........ ...........a i ,CZ n 4,1 06 '`� �-►►,cf.00M 3,atpa� �- � i��hag 3 I 1 = / v/, 1 AW l I PvI h "Iva Samu>s ,o J 1 uRYi3 ?t�isl l ,ttl9lt!�fZ.±IAIBittatti_!±_ _!tl '[' (- corrmr Inn 1 ! R9 •AR•I_I R;_IR RR RI�RR RIR- �,iii� �i � Ig�— ,�,� -TT ,,I' R W s I•I��I1 �I �II ” /� ' .l.l AIAI�1B14i 'B B:Bl,gwl- $614 616RtA!BWI i I W 'E R`VI��rz;tI3I�151!5� i11a3f¢II'ON �IlIlI I *511 i o z 11111I� III IIII s/1 U.la `u;Ci ,SMI i.9Z.9Qom - - - - _— + - _ _ 996K AL10.90.1OM y I " I e • e •Im 1 ]aYra _ _ OUT �U` �.....v.� nG 'ISi,I I )7MVY �� ��� iC7/K .11L/- 107Y - � - f1/1 G k t c7 !r+A/ ,`zt� Facts and Findings: — A. General'Information Owner - Cherry Plaza Associates, LLC Applicant - Christopher J. Beeson RT - Existing zoning C -C - Requested zoning 12.60 - Acres total, including the 3.54 -acres requested for annexation 4 - Commercial lots n/a - Square feet of existing building 264 - Traffic Analysis Zone (TAZ) West Ada County - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Fairview Avenue Principal arterial with bike route designation Traffic count 18,966 on 6/16/93 "r 650 -feet of frontage 80 to 100 -feet existing right-of-way (404eet north of section line) 95 -feet required right-of-way for an additional lane (53 -feet north of section line) Fairview Avenue is improved with five lanes with curb, gutter and sidewalk. G Meridian Road { Minor arterial with bike lane designation - Traffic count 13,655 on 9/20/93 585 -feet of frontage 50 to 80 -feet existing right -'Of -way (40 -feet east of section line for approximately 60 -feet at Fairview Avenue, tapering to 36 -feet at the north boundary, of the site) 90 -feet required right-of-way for a 5 -lane constrained corridor (45 -feet from centerline) Meridian Road is improved with five lanes with curb at the intersection, gutter and sidewalk tapering to three lanes at the north boundary of this site. The centerline of Meridian Road is N. currently offset approximately 15 -feet to the west of the section line abutting the majority of the site. B. The existing commercial development does not meet Meridian's required amount of parking spaces. Staff is recommending that additional right-of-way be dedicated on Fairview Avenue, which may eliminate parking spaces when the streets are widened in the future. The City of Meridian is requiring the applicant to provide landscaping as a condition of the subdivision approval. There will be no additional trips,generated as a result of the approval of this application. FIRSTSTR. WPD Page 2 improvement, and because there is no land use change or additional traffic to be generated as - a result -of this -application, the -District should construct -a 6=inch raised -median in Meridian Road from the Fairview Avenue/Meridian Road. intersection to a point 50 -feet beyond the northern edge of the driveway to ensure the control of the driveway to right -turns only. The cost of this median is estimated at $1,900. G: There is a driveway on Fairview Avenue, located 157 -feet east of Meridian Road. This driveway does not meet District's requirements. Staff recommends. a variance to allow the use of this existing driveway provided its use is restricted to right turns only. Because the applicant; recently constructed `extensive improvements to Fairview Avenue allowing the subject driveway, staff recommends that the District construct a 6 -inch raised median in the center of Fairview Avenue, from the Meridian Road stop bar to the western end of the existing median to prohibit left turns: The cost of this median is estimated at $1,600. H. District policy states that diiect.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 (if not previously provided) and all internal lots 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. I. District policy requires the applicant to construct a pedestrian ramp at the northeast corner of Fairview Avenue and Meridian Road. Because the application does not propose a change of land use or any additional traffic, and because the applicant and the, District separately recently constructed extensive improvements to Fairview Avenue and Meridian Road, using ADA standards in effect at the time, staff recommends that the ramps in place be, allowed to remain until the District sponsors a project to improve Fairview Avenue. There is a sub -standard pedestrian ramp located at the northwest comer of Fairview Avenue and E. 1st Street (on the west site of the signalized entrance to the mall area) that is in conflict with an existing utility pole and utility box. Because the application does not propose a change of land use or any additional traffic, and b -cause the applicant and the District separately recently constructed extensive improvements to Fairview Avenue and Meridian Road, using ADA, standards in effect at the. time, staff recommends that the ramps in place be allowed to remain until the District sponsors a project to improve Fairview Avenue. K. There is a curb cut driveway on Meridian Road located approximately 554 -feet north of Fairview Avenue. It would speed the -flow of traffic out of Meridian Road into the site and improve safety if the applicant would replace the curb cut driveway on Meridian Road with a 30 -foot wide curb return driveway with 15 -foot curb radii. Because there is no change of land use nor increased traffic proposed with this application, staff recommends that the applicant = be required to reconstruct this driveway at this time. FIRSTSTR. WPD Page 4 W 3. Restrict the curb return driveway on Meridian Road, located approximately 154 -feet nerth of Fairview -Avenue, to right turns only. Coordinate appropriate on-site signage with -District - Staff. The District will construct a median.in Meridian Road to prevent left -turns into and out of the driveway at the time that it is warranted, as determined by District staff. s 4. Restrict the driveway on Fairview Avenue -located approximately 157 -feet east of Meridian Road to right turns only with appropriate signage. Coordinate appropriate on-site signage with iDistrict staff. The District will construct a median in Fairview Avenue to prevent left - turns into and out of the driveway at the time that it is warranted, as determined by District staff. 5. The curb return driveway on Meridian Road, located 354 -feet north of Fairview Avenue, and the curb return driveway located at the intersection of E. 1st Street and Fairview .venue are approved as shown. 6. As required by District policy, restrictions on the width,' number and locations of driveways, shall be placed'on future development of this parcel. Standard Requirements:'` 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Development Services Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD 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 report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD`Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available `o the Commission at the time of its orizinal decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified -of the date and time of the Commission meeting at which the reconsideration will be heard. FIRSTSTR. WPD Page 6 OFFICIALS HUB OF TREASURE VALLEY COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk A Good Place to Live WALT W. MORROW, President JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer CITY OF MERIDIANGLENN RONALD R. TOLSMA CHARLES EE BRUCE D. STUART, Water Works Supt. R. BENTLEY JOHN T. SHAWCROFT, Waste water Supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman KENNETH W. BOWERS, Fire Chief Public Works/Building Department (208) 887-2211 TIM HEPPER W.L. "BILLGORDON, Police Chief WAYNE G.. CROOKSROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor April 11, 1996 S Closing Department Midland Loan Services, L.P. 210 W. Tenth Street, Sixth Floor Kansas City, MO 64165 Ke: Zoning of Cherry Lane Plaza Meridian, Ada County, Idaho Gentlemen: The above -referenced retail shopping plaza is located in a Community Commercial (C -C) zone. According to the City of Meridian Zoning and Development Ordinance, restaurants and retail stores are permitted uses in this district. Sincerely, CITY OF MERIDIAN Shari L. Stiles ---/// Planning & Zoning Administrator 0 l ■■ Quadrant Consulting, Inc. To: S fd-pfi-A G tiY r� M�`R-� r]►r� Fax Number: PLEASE NOTIFY US IMMEDIATELY AT (208) 342-0091 IF THERE ARE ANY PROBLEMS RECEIVING THIS TRANSMISSION We Are Sending Attached Facsimile Number of Pages Other Date: Z ( 1'L.{9L Project Number: Project Name: Regarding' (tk,6 pytte trrrsN" �" . These Are Transmitted: For Your Info/File As Requested For Review and Comment Other Copied To: 3 Comments e a a Signed 405 S. 8th Street, Ste. 295 • Boise, ID 83702 • Phone (208) 342-0091 • Fax (208) 342-0092 • Internet; quadrant®micron,net { Civil Engineering 9 Surveying 9 Construction Management LAW OFFICES GARY G. ALLEN - GIVENS PURSLEY & HUNTLEY, LLP L. EDWARD MILLER JOSEPH H. BAIRD A LIMITED LIABILITY PARTNERSHIP PATRICK J. MILLER CHRISTOPHER J. BEESON JUDSON S. MONTGOMERY MICHAEL C. CREAMER 277 No. 6TH STREET • SUITE 200 TERRY L. MYERS ' ROY L. EIGUREN i. RAMONA S. NEAL JEFFREY C. FEREDAY P.O. BOx 2720 • BOISE, IDAHO 83701 STEVEN L. OLSEN JULIE KLEIN FISCHER (ZO8) 3S8'1200 W. HUGH OIRIORDAN RAYMOND D. GIVENS - ROBERT L. PHILLIPS L. W. GRANT III FACSIMILE (208) 388-1201 KENNETH L. PURSLEY J. BART GREEN - GREGORY J. VIETZ ROBERT C. HUNTLEY, JR. CONLEY WARD KARL T. KLEIN February 8, 1996 STEVEN R. WEEKS DAVID R. LOMBARDI STEPHANIE C. WESTERMEIER -KIMBERLY DAWN MALONEY� KENNETH R. MCCLURE - JAMES A. MCCLURE CHRISTOPHER H. MEYER JUDITH K. HOLCOM BE OF COUNSEL Stephen H. Sweet, P.E. QUADRANT CONSULTING, INC. 405 S. 8th Street, Suite 295 Boise, ID 83702 Re: Parallax Investments - Cherry. Plaza Shopping Center Our File: 2762-4 Dear Steve: Further to our discussions, I am enclosing herein the purchase agreement between Cherry Plaza Associates, LLC, as Buyer, and Heartland Commercial, as Seller. The reason we are pursuing the subdivision of the property is to complete our financing for the purchase. The particular financing package which we have put together, finances the Albertson's portion of the property with one lender as a bond rated financing package and finances the Shops portion of the Center with a conventional lender. It is a condition to the loans that each of the separate parts constitute legally, recognized lots. The reason that we are pursuing the one-time split lot -line adjustment route is to meet the required time frames. Our closing deadline is April 1, 1996, with the right to extend for up (30) days to complete our financing (i.e., May 2, 1996). It is critical for successful completion that we meet these deadlines. It is my understanding that you will be discussing this with Ms., Stiles at - Meridian City to determine what can be done to meet their procedures and requirements and meet our time deadlines. r t' February 8, 1996 Page 2 You will note that I have signed the agreement on behalf of the Buyer. I am acting herein as a principal of Cherry Plaza Associates, LLC. I look forward to meeting with Ms. Stiles at our meeting on Monday. Sincerely, hristopher J. Bee CJB:ehk . enclosure cc: Rick Clark, Paragon Investments [w/o encl.] 2762\4\CJBLTR\SW EET.L01 REAL' PROPERTY PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS FOR CHERRY PLAZA SHOPPING CENTER between HEARTLAND MERIDIAN COlINBIERCIAL PARTNERS ("Seller') and CHERRY -PLAZA ASSOCIATES, LLC ('Buyer") February 1, 1996 (02/011961 .r l REAL PROPERTY PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS THIS AGREEMENT, made and entered into effective February 1, 1996, by and between HEARTLAND 1dERIDIAN COlN31ERCLAL PARTNERS, a Minnesota limited partnership (the "Seller") and CHERRY PLAZA ASSOCIATES, LLC, an 'Idaho Limited Liability Company, and/or its assigns (the 'Buyer'), who are collectively referred to as the "parties". WITNESSETH: Seller, is the owner of certain real and personal property commonly known as the Cherry Plaza Shopping Center and located in Meridian, Idaho. Seller desires to sell, assign and convey to Buyer and Buyer desires to purchase from Seller the rights, title and interest of Seller in and to the Property upon the terms and conditions which are more particularly set forth below. NOW, THEREFORE, in consideration of the sums to be paid by Buyer to Seller, the mutual covenants and ,the representations and warranties herein contained, the parties hereto agree as follows: ARTICLE 1 - PROPERTY "Property" shall collectively refer to the Land; the Building, the Tangible Personal Property and the Intangible Personal Property as hereinafter defined in Sections 1.1, 1.2, 1.3, 1.4 respectively. 1.1 "Land" shall collectively refer to the real property described on Exhibit A attached hereto and incorporated herein, together with all and singular, the rights and appurtenances pertaining to such real property, including any and all water rights, mineral rights, easements, rights-of-way, parking lots, sidewalks, drives, curbs, gutters landscaping and other improvements constructed thereon and shall refer to, and include all right, title and interest, if any, of the Seller in and to any alley, street, road or avenue, opened or proposed, in front of or adjoining the Property and all right, title and interest of the Seller in and to any road made or to be made y in lieu thereof and in and to any unpaid award of damage to the premises by reason of change of grade of any alley, street or public right-of-way. REAL PROPERTY PURCHASE AGREEMENT - 1 SA CL IENTS\ 2762\4\?,GREE-D01 % 1.2 "Building" shall mean those certain buildings located on the Land at Cherry Lane and Meridian Road; \Meridian, Ada County, Idaho, containing approximately 66,600 square feet of small anchors and shops space, 2,000 square feet of Pioneer"Bank Pad and 49,079 square feet for Albertson's, and all fixtures; fittings, apparatus, machinery and equipment, including, without limitation, heating and air conditioning systems, elevators, plumbing, wiring, fire- protection systems, panic devices on exit doors and other emergency equipment and systems related to the Building, owned by Seller and constituting a part of such Building. 1.3 "Tangible Personal Property" shall mean all of Seller's interest in any, personal property as described on Exhibit B which -is a listing of selected items of tangible personal property but which in no way limits the definition herein, and maintenance equipment affixed, attached, or used in connection with the Property, and any architectural or engineering work, reports and studies, surveys, architectural drawings, plans, specifications and any and all other documents and information and tangible personal property in existence and pertaining to the Property together with all right, title and interest in and to water, water rights and irrigation shares, if any, appurtenant to or relating to the Property. 1.4 "Intangible Personal Property" shall refer, to the extent transferable; to all of Seller's interest, if any, in the licenses, franchises, and permits, and those relating to the construction, operation and maintenance of the Property, including, without limitation, all leases and rents accruing after the Closing. Date, all maintenance, service and utility contracts to be assumed by Buyer as_described on Exhibit C. all others will be terminated by Seller effective as of the Closing Date, (the "Service Contracts"), escrow accounts, impound accounts, insurance policies (to the extent transferred to Buyer), deposits, instruments, documents of title, correspondence relating to the Property, and any other contracts and agreements relating to and affecting the Property, prepaid rents and deposits (including security deposits), names and trade names, including the use of.the trademark name "Cherry Plaza Shopping Center" and any derivative thereof, if any, used in connection with the construction, operation, maintenance and financing of the Property, and all other REAL PROPERTY PURCHASE AGREEMENT • 2 SA CLIENTS\ 2762\4\AGRE E.DO 1 s general intangible property and rights owned or held -by the. Seller that relate to the ownership, maintenance, operation or financing of the Property. ARTICLE 2 - PURCHASE AND SALE Seller does hereby agree to sell, assign and convey the Property to the Buyer and ;the Buyer does hereby agree to purchase the Property from Seller for the .Purchase Price and according to the covenants, 'terms and conditions contained herein. AR`T'ICLE 3 - PURCHASE PRICE AND PAYMENT 3.1 Purchase Price. Subject to, the adjustments, and prorations hereinafter described, the total purchase price (the :Purchase Price") to be paid for the Property shall be the sum of . --- - 3.2 Pavment. The Purchase'Price shall be'payable as follows: 3.2.1 Earnest Money Deposit. Within two (2) business days of the signature by Buyer and Seller, Buyer will deposit, in an interest-bearing account at Alliance Title and Escrow (the "Title Company") the amount of $ : as earnest money deposit (the "Deposit"). The Deposit (and interest accrued thereon) shall be, used as part of the Purchase Price at closing. In the event of default by Buyer, the deposit (and interest accrued thereon) shall be retained by the Seller as liquidated damages. ,If this Agreement is terminated for any reason other than the defaultof Buyer, the Deposit and interest accrued thereon shall be refunded to Buyer. Buyer and Seller hereby agree that the Title Company is holding the Deposit as a mere stakeholder and shall have no liability hereunder other than for its willful misconduct or negligent action; 3.2.2 Cash. Subject to the prorations and adjustments described herein, the sum of be paid in cash (collected funds) at Closing, less the amount of Underlying Obligations, as hereinafter described, if elections to purchase the Property subject to such loan; REAL PROPERTY PURCHASE AGREEMENT . 3 SACLIENTS\2762\4\AGREE. DO 1 3.2.3 Buver's New Loan. Buyer will obtain a new loan at closing in such amount and on terms as determined by Buyer. Buyer agrees to `use its best efforts I and proceed diligently to obtain such new loan. All costs 'in connection with the acquisition of new financing by the Buyer shall be paid by the Buyer, including but not limited to fees, appraisal and lender's title insurance; 3.2.4 Underlving Obligation. At Buyer's sole option, the approximate sum of' (representing estimated principal) may be paid` by Buyer accepting "title to the Property subject to that certain Deed of Trust recorded as Ada, C ounty°Insrum-ent No. 8838444, which Deed of Trust secures the payment of a promissory note in the original principal amount of " held by United of Omaha Life Insurance Company .(the loan secured by the Deed of Trust shall be referred to as'• "Underlying Obligation"). Any assumption costs will be paid `by Buyer. If Buyer elects' not to utilize the Underlying Obligations, then any prepayment penalty for the°pay off of the Underlying Obligations at closing will be paid one-half (1/2) -by Seller"and one-half (1/2) by Buyer.. , ARTICLE 4 - TITLE AND TITLE INSURANCE ` 4.1 Title. ` At the Closing, Seller shall make, execute and deliver to ,the Closing Agent a warranty deed to the Land and the Buildings and other real property interests containing , covenants of general warranty and conveying good' and marketable fee simple title to the Buyer, subject only to those liens, claims and encumbrances set forth, on Exhibit D attached hereto ('Termitted Deed Exceptions"). 4.2 Title Insurance. At the Closing, the Title Company shall issue- the following Lpolicies of: title insurance: 4.2.1 Buyer's Owner's Policy of Title Insurance. At the Closing, the Title Company shall issue to Buyer an Owner's Policy of Title Insurance for the Land and the Building, withpextended coverage, if elected by Buyer and at Buyer's cost for extended form surcharged, (the 'Buyer's Title Policy"), at Seller's sole cost, and expense for standard coverage. The Buyer's Title Policy shall be' issued on an ALTA REAL PROPERTY PURCHASE AGREEMENT - 4 m, SACLIENTS\2762\4\AGREE-D0 1" 1z form. The Buyer's Title Policy shall be in the amount of the Purchase Price. The Buyer's Title Policy, shall insure Buyer's fee simple title in and to the Land and Building, free and clear of all claims, liens and encumbrances except those set forth on Exhibit E attached hereto ('Permitted Buyer's Title Policy Exceptions"), and those approved in witting by Buyer. Seller covenants and agrees to take all reasonable actions, at its expense, that may be required Lby the Title Company as a condition to issuing the Buyers Title Policy with extended coverage in the form described above, except providingan 3LTA as -built survey (or update to existing survey), which shall be at Buyer's cost.. 4.2.2 Buver's Lender's Policy of Title Insurance. At the Closing, the Title Company shall issue to Buyers a Lender's Mortgagee's Policy of Title Insurance for the Land and Building, with extended 'coverage (the "Lender's Title Policy"), at Buyer's sole cost and expense. Buyer shall be entitled to rely upon the simultaneous issue credit available associated with the Buyer's Title Policy at no additional cost to Seller. The Lender's Title Policy shall insure the priority of Buyer's new loan with respect to the Land and the Building, free and clear of all claims, liens and encumbrances except for standard printed exceptions for Lender's Title Policies with extended coverage and those matters approved by.Buyer's Lender's. Buyer and Seller covenant and agree -to take all. reasonable actions (not including providing a survey) that may be required by the Title Company as a condition to issuing the Lender's Title Policy with extended coverage. ARTICLE 5 - CONDITIONS 5.1 Conditions to Buyer's Oblip_ations. -It shall be an express condition to the obligations of Buyer under this Agreement that. the conditions set forth below be satisfied or waived by Buyer on or before the date specified below: 5.1.1 Representations and Warranties True and Correct as of the Closing. That the representations and warranties of Seller herein are and shall be true and correct as of the Closing and the Seller has fully and timely performed each of its obligations required to be performed hereunder as of the Closing Date. REAL PROPERTY PURCHASE AGREEMENT - 5 SA CLIENTS\2762\4\AGREE.D01 5.1.2 Title to the Property. That, the Seller shall be able to sell the Property to the Buyer at the Closing free and clear of all liens, claims and encumbrances except the Permitted Deed Exceptions. 5.1.3 Tenant Documents. That on or before the Closing Date, Seller shall, at Seller's sole cost and expense, provide to Buyer and Buyer's lender: (i) "Tenant Estoppel Certificates," which shall confirm the status of substantially all leases as being current and without defaults by Landlord or Tenant; and (ii) "Subordination, Nondisturbance, and Attornment Agreements. Such. tenant documents shall be in form and substance as required by Buyer and Buyer's Lender, and shall be .duly executed and delivered by substantially all . existing tenants, including those from Tenants equalling at least 85% of the leased square footage and all Tenants over 3,000 square feet, or as may otherwise be required by Buyer's Lender. 5.1.4 Underlying Obligations. If Buyer elects to utilize the Underlying Obligation, that the holder of the Underlying Obligation consent to the sale of the Property by Seller to Buyer -pursuant to the terms hereof and the further encumbrance of the Property by Buyer pursuant to subordinate mortgage loan(s). Additionally, the lender(s) shall have provided a certificate to Buyer confirming such facts as Buyer shall deem' important and relevant including, without limitation, current principal balances, applicable interest rates, amortization schedules, and that the applicable obligations are current and not in default and have not been modified or amended. Buyer will pay all costs of assumption. 5.1.5 'Service Contracts. That, on or before Closing, Seller shall, at' Seller's sole cost and expense, provide to Buyer confirmation letters from the providers under the Service Contracts confirming the status of such contracts and certain other facts as Buyer may reasonably request. 5.1.6 Governmental Compliance Certification. That d _er-has;- eceived on or before Closinga r p from appropriate governmental authorities, at Buyer's expense, to the elle t tha the Property and the purposes for which itis used complies with all. zoning"requirements and such other matters as are required by REAL PROPERTY PURCHASE AGREEMENT . 6 SA CL I ENTS\ 2762\ 4\ AGRE E. DO I i� Buyer's Lender'. 5.1.7 Satisfaction of Seller Covenants. That Seller, shall have satisfied and fulfilled each of the obligations imposed upon -Seller pursuant to the terms of this Agreement. 5.1.8 Buvers New Loan. Execution and delivery by Buyer's new lender of a loan agreement in form and on; terms satisfactory to Buyer by March 15, 1996, and closing and funding of said loan simultaneously with the. -closing hereof. It shall be a further condition that the lender's appraisal value equal or exceed the applicable purchase price. 5.1.9 Environmental Report. Receipt of a Level l' Environmental Assessment acceptable to Buyer and Buyer's lender, to be provided by and paid for by Seller. The parties hereto agree that the above conditions under Section 5.1 are for the `sole and exclusive benefit of Buyer and that Buyer may waive any or all of the foregoing conditions precedent by giving Seller written notice thereof on or before the Closing Date or the date specified above; provided, however, that any such waiver shall not impair`or waive Buyer's equitable or legal rights resulting from the breach of a covenant, warranty, or representation made by Seller. 5.2 Seller's Conditions.. It shall be an express condition to the obligations of Seller under this agreement that the conditions set forth below be satisfied or waived by'Seller on or before the date specified: 5.2.1 Seller shall have. received satisfactory assurance of its ability to satisfy the existing Lender's conditions and terms relative to the transfer of ownership. Such condition to be satisfied within fifteen (15) days of Purchaser's k receipt of an acceptable loan commitment from its new lender; 5.2.2 Seller shall have obtained the approval of Seller's limited partners within fifteen (15) days of Purchaser's receipt of an acceptable loan commitment. The general partner of Seller believes in good faith that it will not have any difficulty in obtaining such approval. REAL PROPERTY PURCHASE AGREEMENT - 7 S: \ CL 1ENTS\ 2762\4\AGRE E. D01 The Parties hereto agree that the above conditions under `Section 5.2 are for the sole and exclusive benefit of Seller and that Seller may waive any and all of the foregoing conditions precedent by'o ving Buyer written notice thereof on or before the specified performance date. ARTICLE 6 - REPRESENTATIONS AND WARRANTIES 6.1 Representations and Warranties of Seller. Seller represents and warrants to Buyer as follows and which such .warranties and representations contained in this section or elsewhere in this Agreement shall be deemed remade as of the Closing Date and shall survive the Closinb and the subsequent transfer of legal title to the Property to Buyer, subject to the provisions ,of 6.2 below, such warranties being made to the best of Seller's knowledge, as -defined in paragraph 6.3 below: 6.1.1 No Proceedings. There are not now, and at the Closing will not be, pending or any threatened condemnation or similar proceedin'z affecting the Property or any portion thereof, or pending public improvements in, about or outside the Property which will affect the Property, and there is no claim, legal action or other proceeding pending or threatened against Seller or affecting the Property, except as disclosed in writing to Buyer. 6.1.2 Title and Authoritv to Convey the Propertv. Seller now has fee simple title to the Property, free and clear' of all mortgages, liens, encumbrances, leases, tenancies, security interests, covenants, conditions, restrictions, rights-of-way, easements, judgments or other matters affecting title to the Property other than the Permitted Deed Exceptions, and Seller has the right and authority to convey and assign to Buyer the same. 6.1.3 Tenants and Leases. 'That there are no leases, tenancies, concessions, licenses, occupancy agreements or any other similar rights pertaining to or affecting the use .of the Property, written or oral, except for the leases described on the Exhibit G Rent Roll attached hereto ("Leases"). No tenants under any of said Leases have been given any rights to purchase the Property or any part thereof, or any rights or concessions or rights to remove fixtures from the Property except as set forth in the Leases. That the Seller has not collected in advance from tenants any REAL PROPERTY PURCHASE AGREEMENT - 8 SA CLIENTS\2762\ 4\AGRE E.DO 1 1Q. rent, real estate taxes, utility, insurance or other charges other than as set forth in the Leases. There have been no security or damage deposits received from the tenants other than as set forth in the Leases. No tenant is in arrears for rent payments, except as disclosed on the Rent -Roll. All tenants have accepted and are occupying the premises set forth in'the Leases. All Leases are in good standing and in full force and effect. Seller has performed all of its obligations that are a prerequisite or.defense to the tenant's payment of rent, or other sums due under the, leases. Neither Seller nor any tenant, is in default with respect to any of the Leases except as disclosed on the Rent Roll. 6.1.4 Condition of Property. There are no defects of any substantial. nature in the Property, including, without limitation, substantial defects in the Building, fixtures, equipment and machinery, including, without limitation, the roof (except as detailed in Tolley Hughes report), plumbing, electrical, heating and air conditioning systems, fire protection systems, emergency equipment, carpets, equipment and other personal property, and appliances associated therewith including any substantial defects that would prevent or materially increase the cost of operating, maintaining or renovating the.Buildings, and`that all such items are in good operating condition and repair and in compliance with all applicable governmental regulations or laws, and that all, of said Property and parts thereof have been maintained by Seller and its predecessors in accordance with recommended or prudent maintenance procedures. 6.1.5 Environmental Matters. (a) The Property has not been used for disposal or storage of any toxic wastes or other hazards substance, is not inviolation of the'Resources Conservation and Recovery Act (or its implementing regulations). No hazardous substances, including asbestos -containing materials or hydrocarbons, are located on or under the Property, except those matters disclosed with respect to adjacent properties in the Environmental Site Assessment dated January 8, 1996, z prepared for Seller by Maxim Technology, Inc. It is expressly understood, however, that Seller did not construct the subject property and does not have detailed knowledge of the materials and construction techniques used in erecting the shopping REAL PROPERTY PURCHASE AGREEMENT - 9 S: \CLIENTS\2762\4\AGRE E.D01 center. (b) The Property is not now, and to the best of Seller's knowledge, has never been under investigation by the State Health Department, the Department of Water Resources or any other governmental agency having jurisdiction over the Property with respect to environmental matters. 6.1.6 No ASSessmerlts. No portion of the Property is, or will as of the - Closing be, affected by any special assessments, including those constituting alien thereon, and Seller has not received notice of any such special assessment. 6.1.7 Information True and Correct. All documents, agreements and other information and, in particular, the historical operating statements for the Property provided to Buyer by Seller or which Seller has caused to be provided to Buyer, are true and correct to the best of Seller's knowledge and do not omit to state any material fact or condition required to be stated; necessary to make the statement or information not misleading, and there are no other agreements or conditions with respect thereto. 6.1.8 Compliance with Zonina Law. That the existing zoningg d 1`and, use regulations and all other applicable laws and governmental.regulationspermit the operation, occupancy an`d use`of the Property in accordance with its present use and�operatiori Seller makes no warranty as to` compliance with current building codes; but has not been advised of any violations. It is expressly .understood, however; that Seller did not construct the subject property and does not have detailed knowledge of the materials and construction techniques used in�erecting the shopping center. 6.1.9 Compliance with Covenants and Restrictions. That the Property is, to the best of Seller's knowledge, constructed and being operated in compliance with any and all covenants, easements, rights-of-way 'and/or restrictions affecting the property, including those improved pursuant to the leases, and all of the obligations of the Seller or the Property with regard to such covenants, easements, rights-of-way and restrictions, including those made in connection with lawsuits or threats of lawsuits or claims, have been and are beingaperformed in -a proper and timely manner REAL PROPERTY PURCHASE AGREEMENT - 10 SACLIENTS\2762\4\AGRE E_D01 yl and that Seller shall not, after the date hereof and prior` to the transfer of title to Buyer, agree to any modifications or changes unless the same have been approved in writing by Buyer. It is expressly understood, however, that Seller did not construct the subject property and does not have detailed knowledge of the materials and construction techniques used in erecting the shopping center. 6.1.10 . No Breach of Default Under Affreements. That performance of this Agreement by Seller will not result,in any breach of or constitute any default under or result in imposition of any lien or encumbrance upon the Property under any agreement or other instrument to which Seller is a party or by which Seller or the Property might be bound. 6.1.11 Sellers Authority. Seller and each person and/or entity executing this Agreement and all other documents to be executed hereunder on behalf of Seller has the necessary authority to enter into this Agreement and to execute such documents and that the signature of such persons and/or entities is binding upon and enforceable against the Seller and such persons and/or entities in accordance with the terms and conditions of the Agreement and any other documents so executed. That the partners of the Partnership have not previously pledged or assigned their partnership interests to any other person or entity nor has the Partnership pledged the Property to any other person or entity. 6.1.12 Underlyiri,,Z Obligations and Service Contracts._ That Seller has not amended, altered or otherwise changed the terms of the Underlying Obligations and/or the Service Contracts and knows of no amendments, alterations or modifications thereto. The Underlying Obligations and Service Contracts are current and not in default and that no condition or state of facts exists that with the passage of time or the giving of notice or both would constitute a default thereunder. 6.1.13 Income and Expenses of Property. . That the receipts and confirmations of payment of the items of income and expense to be provided by Seller .or its agents at the Closing shall be and are true and correct in all respects and there are no other items of income or expense of any nature with respect to the Property. REAL PROPERTY PURCHASE AGREEMENT - 11 S:\CLIENTS\2762\4\AGREE.DO 1 6.1.14 Debts. That the principal balances, accrued interest, interest rates and amortization schedules of the various obligations for the Underlying Obligation are -true and correct in all respects and that Seller has provided Buyer with true and complete copies of all the debt and security instruments and all amendments and modifications thereof, and all other documents and agreements pertaining to the Underlying Obligations. 6.2 Sur- -iv al Period. The representations, warranties and covenants set forth in this Article o shall survive the Closing and shall expire as hereinafter set forth. If Buyer shall determine that there has been a violation of any of such representations, warranties or covenants, Buyer shall send Seller notice of such alleged violation no later than thirty (30) days following Buyer's notice or discovery of such violation, but in no event later than twelve (12) months following the Closing Date (the "Survival Period"). If Buyer shall send Seller notice of such alleged violation within the Survival Period, then the parties shall attempt to resolve the issue, failing which Buyer may.commence legal action for such violation provided that such legal action is commenced within eighteen (18) months after the Closing Date. No claim may be asserted against Seller with respect to any of the representations or warranties in Article 6 after the expiration of the Survival Period. 6.3 Seller's Knowledge. As used in this Agreement, the. phrase "to the best of Seller's knowledge," or words of like import, means that the facts, in question are actually Town or should have been known based on information in Seller's possession or in the possession of its agents (as opposed to imputed, inquiry or constructive knowledge) to Seller, without any due diligence or duty of inquiry to acquire additional information. Seller shall have no duty of investigation with respect to any representation made to the best of its knowledge and shall not be charged with "constructive" ,.or '"inquiry;' knowledge; provided, however, that Seller may not take any actions (or omit to take any actions to be done in the ordinary course) to avoid acquiring such knowledge. Further, Seller's obligations to disclose matters 'down to Seller" or words of like import as used in this REAL PROPERTY PURCHASE AGREEMENT - 12 SACLIENTS\2762\4\AGRE E.DO 1 K� Agreement shall be deemed breached only if of Selle"f, had actual knowledge or should have been known based on information in Seller's possession or in the possession of its agents (as opposed to constructive knowledge) of.the falsity of such matter not disclosed to Buyer. ARTICLE 7 - FURTHER AGREEMENTS 7.1 Further Azreements of Seller. 7.1.1 Roof Repairs. On or before Closing, Seller shall complete all roof maintenance specified in the Tolley Hughes letter of October 12, 1995, the approximate cost requirement of $11,228. 7.1.2 ` Hold Buver Harmless. Seller covenants and agrees to indemnify and hold Buyer harmless from and against any and all loss, damage. claim, liability or expense (including, without limitation, attorneys' fees and court costs) which are asserted against Buyer yand the Property or which Buyer may suffer or incur by reason of any action taken or omission by Seller, its employees, agents or representatives on or before Closing. 7.1.3 Operation Prior to Closinz. Seller covenants and agrees, at its sole cost and expense, to continue to operate the Property in the ordinary course of business until the Closing: and to keep the Underlying Obligations and Service Contracts current pursuant to their terms and not in default. Seller shall keep Buyer advised of the lease negotiations with any tenants or any defaults by any tenants. Buyer shall have the right to approve of any lease modification or any lease executed between Seller and any new tenants. 7.1.4 Right to Entry. Buyer and its Lender and their agents and representatives shall have the right, which is hereby granted by Seller, to enter upon the Property between the dates hereof and the Closing Date for the purposes of inspecting the Property and conducting and preparing appraisals, architectural, engineering, environmental, feasibility, soil and water tests and other studies and for any and all other reasonable purposes as Buyer may deem necessary. Such access shall be done at reasonable times with advance notice to Seller (through its property manager) and done so as to minimize disruption to tenants. REAL PROPERTY PURCHASE AGREEMENT . 13 SACLIENTS\2762\4\AGREE.DO 1 7.1.5 Certification of Rent Roll and Operatiniz Statements. Seller shall deliver to Buyer fiftteen (15) days prior to Closing: (i) an updated Rent Roll for the` Property, detailing the tenants, square footage, rent, status of rent and. reimbursements, options, start date, expiration date, affects or claims; and (ii) current operating statements showing the most current twelve (12) month period and detailing all income and expenses of the Property. At Closing, Seller shall certify to the best of its knowledge the continued. accuracy of such information. x 7.1.6 Adcitional Property. The Seller shall transfer any right, title, or interest which it has acquired or maybe entitled to acquire, in the approximately three (3) acres of excess a ound north of the Property at closing, as well as any option to purchase the back acre from U.S. Bank and/or the entire U.S. Bank parcel. 7.1.7 Buv ers Exchange: Buyer may effectuate the closing through its Exchange Intermediary, and Seller shall cooperate with Buyer's exchange into the subject Property so long as Seller incurs no additional liability or expense in connection with such exchange and there is no delay in Closing. 7.2 Further Agreements of Buyer. 7.2.1 Hold Seller Harmless. Buyer covenants and agrees to, indemnify and hold Seller harmless from and against any and all loss, damage, claim, liability or expense (including, without limitation, attorney's' fees and court costs) which are asserted against Seller and the Property or which Seller may suffer or incur by reason of any action taken or omission, by Buyer, its employees, agents or representatives on or after Closing. 7.2.2 Buver's Inspections. Buyer acknowledges that it has F completed its review and physical inspections and found the same to be satisfactory, and hereby approves the Property for its purchase; however, further inspections and review may be conducted in connection with financing. REAL, PROPERTY PURCHASE AGREEMENT . 14 SACLIENM2762\4\AGRE E.DO 1 ARTICLE 8 - THE CLOSING 8.1 The Closinz and the Closing Date. The sale .and purchase of the Property contemplated by the terms and conditions of this Agreement shall be consummated at the Closing which shall take place ,ori provided that Buyer shall have the unilateral right to accelerate the Closing to an earlier date upon ten (10) days written notice to Seller -or to extend the Closing for up toan additional thin , (30) days % and Seller may extend the Closing for up to thirty (30) days to obtain Tenant Documents, such extensions being subject to Buyer's Lender's consent or approval as applicable, (said date, as it may be extended from time to time, in accordance with the "'provisions hereof, called the "Closing Date"), which Closing Date may; with the prior written approval of both Seller and Buyer, be further extended from time to time; provided, however, that it. is hereby understood and agreed that time is of the essence and either party'may withhold its consent to any further extension in its sole discretion. 8.2 Seller's Oblizations at the Closing. At the Closing Seller shall do the following: 8.2.1 Warranty Deed. Execute, acknowledge and deliver to the Closing Agent a general warranty deed (the "Deed"), to be in form and substance acceptable to Buyer, duly executed and acknowledged by Seller, granting and conveying unto Buyer fee simple title to the land and real property interests and containing covenants of general warranty subject to no liens, charges, encumbrances, exceptions and reservations of any kind or character other than the Permitted Deed Exceptions or --those which have'been specifically approved by Buyer in writing. 8.2.2 Title Policy. Cause the Title Company to issue the Buyer's Title Insurance Policy in accordance with Section 4.2.1 hereof. 8.2.3 Bill of Sale. Execute, acl:nowledge and deliver to the Closing Agent a General Conveyance, Bill of Sale and Assignment, to be in form and substance acceptable to Buyer, assigning and conveying to Buyer the Tangible Personal Property and Intangible Personal Property and all of Seller's right, title and interest in and to any and all escrows to which Seller is a party and which concern REAL PROPERTY PURCHASE AGREEMENT - 15 SACLIENTS\2762\4\AGREE.D01 it the Property, free and clear of all liens, claims and encumbrances except for applicable Permitted Deed Exceptions.., 8.2.4 Authorization. Deliver to Buyer such information and documentation as Buyers counsel may reasonably request, evidencing the authority of the Seller, to enter into this Agreement and to execute the Deeds, Bill of Sale and other documents referenced herein including, without limitation. 8.2.5 Leases. Assig-riments. Tenant Notices, and Service Contract. Etc. Deliver to Buyer the orrznal of all Leases covering any portion of the Property and all business records and correspondence relating thereto and execute, acknowledge and deliver to Buyer -an assignment of Seller's interest in the Leases and tenancies then in effect or held by Seller with regard to or covering the Property or any part thereof, which shall be assumed by Buyer as of -Closing, and notices to the Tenants under such Leases, .all to be in a form and substance acceptable to Buyer and its Lender. Buyer shall ;also deliver the original of all Service Contracts and the originals of all other domments relating to the Property. 8.2.6 Assiznment of Warranties and Guaranties. Execute and deliver to Buyer an Assignment'of Warranties and Guaranties, to be in form and substance acceptable to Buyer, assigning to Buyer all of Seller's interest, if any, in any subsisting assignable guaranties and warranties in connection with the Property (whether express or implied and'whether now existing or hereafter arising) issued or made in connection with the construction of any improvements on the Property, including, without limitation, guaranties and warranties in connection with the roof, heating and air conditioning systems, utility lines and services, if any. It is understood and agreed that Buyer shall not assume any obligations in connection with such guaranties or warranties. 8.2.7 Tenant's and Lender's Confirmations. Deliver to the Buyer and the Closing Agent the Tenant Documents as described in paragraph 5.1.3 and 7.1.4. '8.2.8 Proration Items. Provide to Buyer and the Closing Agent, invoices, billings, receipts and proof of payment for all income, expenses and other items to be prorated at the Closing. REAL PROPERTY PURCHASE AGREEMENT . 16 S:\CLIENTS\2762\4\AGREE.DO 1 01 8.2:9 Roof Denosit. Seller will deposit the sum of : into the closing escrow to be provided to Buyer at closing for roof replacements; provided, however, that if prior to Closing, roof replacements are required and approved by Buyer, then Seller can reduce the amount of such deposit by the cost of such roof replacements completed prior to Closing. 8.2.10 Closing Statement. Execute and deliver to the Closing Agent a Closing.. Statement in a form acceptable to Seller and which conforms to this Agreement. 8.2.11 Other Action. Take such, other and further action and deliver such other documents as is necessary to close this transaction in accordance with the terms hereof. 8.3 Cash Oblizations at the Closing. At the Closing,, Buyer shall do the following: 8.3.1 Cash Required to Close. Deliver to the Title Company a bank cashier's or certified check in the amount which Buyer is obligated to pay Seller on the Closing Date pursuant to Article 2 hereof or wire transfer such amount to an account of the Closing Agent. 8.3.2 Documents for Seller's Execution. Deliver to the Closing Agent for execution by Seller the following documents: 8.3.2.1 Warranty Deed pursuant to Section 8.2.1. 8.3.2.2 Bill of Sale pursuant to. Section 8.2.3. 8.3.2.3 Assignment and Assumption of Leases and Notices to Tenants pursuant to Section 8.2.5. 8.32.4 Assignment of Warranties and Guaranties pursuant to Section 8.2.6. 8.3.3- Closing Statement. Execute and deliver to the Closing Agent a Closing Statement in a form acceptable, to Buyer and which conforms to this Agreement. REAL PROPERTY PURCHASE AGREEMENT - 17 S: \CLIENTS \ 2762\ 4 \ AG RE E. DO I 8.3.4 Other Action. Take such other and further action and deliver such other documents as is necessary to close this transaction in accordance with the terms- hereof. 8.4 Closing Costs. The escrow fees and other costs of the Closing Agent, except the Title Policy premiums, shall be borne equally by Seller and Buyer. Recording costs shall be borne by the party requiring the specific document to be recorded. The costs of the standard coverage premium for: the Buyer's Title Policy shall be paid by Seller and the costs of the extended premium and any new mortgages policy for Buyer's Lender shall be paid by Buyer. All other expenses incurred by Seller or Buyer with respect to this transaction, including, but not limited to, attorneys' fees of Buyer and Seller, shall be borne and. paid exclusively by the party incurring the same, without -reimbursement, except to the extent otherwise specifically provided herein. 8.5 Proration of Taxes. Rents. Interest. Expenses. Etc. The following items shall be adjusted or prorated between Seller and Buyer as of the. Closing Date. 8.5.1 Property Taxes. Ad valorem and similar taxes for the year of Closing with respect to the Property (including real property and personal property) shall be prorated as of the Closing and Seller's share of such taxes shall be given to Buyer as a reduction of.the cash due under Section 3.2 above. If the Closing shall occur before the tax rate is fixed for the year of Closing, the apportionment of taxes shall be upon the basis of the taxes and assessments levied for the preceding year. After the Closing, when the tax rate is fixed for the year in which the Closing occurs, Seller and Buyer hereby agree, one to the other, to adjust the proration of taxes and, if necessary, to refund or pay such sums as shall be `necessary to effect such adjustment as of the Closing Date. 8.5.2 Rents Deposits. Income and Expenses_. All income and ordinary operating expenses, for or pertaining to the Property including, but not limited to, rents, insurance premiums and policies of insurance with respect to the Property and which are, accepted by Buyer, public utility charges, employee wages, if any, maintenance and service charges with "respect to the,Service Contracts, and all other :REAL PROPERTY PURCHASE AGREEMENT - 18 SA C L I ENTS\ 2762\ 4\ AGRE E. D01 income or operating charges of the Property shall be prorated as of the Closing Date. Rents or other income items which are due prior to but unpaid as of the Closing Date shall not be prorated and Buyer shall forward to Seller its share of any such rents or income items upon receipt of any such sums. Buyer agrees not to apply any sums otherwise allocable to delinquent rent to any period other than current rents due. i Proration of expenses items shall be based on receipts and proof of payment presented to Buyer andtheClosing Agent. In the event certain expenses are not known as of Closing; such expenses shall be prorated based upon the past billings for such items, if available, and if not, based on estimates. After the actual expenses or income items are determined and paid or received subsequent to the Closing Date, Seller and Buyer hereby agree, one to the other, to adjust the proration of expenses, and, if necessary, to refund or pay such -items as shall be necessary to effect such adjustments. 8.5.3 Underlyina Obligations. If Buyer elects to take the Property subject to the Underlying Obligation, accrued interest pursuant to the Underlying Obligation shall be prorated between Seller and Buyer as of the Closing Date and Seller's share of the accrued interest shall be given to Buyer as a reduction of the 4 cash due from Buyer at the Closing pursuant to Article 3. All'other items of the Underlying Obligations shall not be prorated except to the extent such items have not been kept current in accordance with their terms and in such event, Buyer shall receive a credit for all payments due but unpaid prior to the Closing Date. n, 8.6 Closing Instructions. The Closing Agent is instructed as follows: 8.6.1 Closina Statement. Prepare closing statements for execution by , Buyer and Seller.' 8.6.2 Receive Payments. To collect all funds to be received from the parties at the Closing and disburse and pay the same to the parties and such other persons or entities as are entitled to such funds. REAL" PROPERTY PURCHASE AGREEMENT - 19 Sc \CLIENTS\ 2762\ 4\ AG RE E. D01 a 8.6.3 Collect, Record and Deliver Documents. To collect the various documents and information to be provided by Seller and Buyer and secure the required signatures and acknowledgements and to record such documents where necessary and in the proper sequence, and deliver the same to the respective parties as required to close this' transaction. ARTICLE 9 - GENERAL 9.1 Survival of Terms. The terms and provisions hereof, and all documents being executed 'hereunder, including, without limitation, the representations and warranties, shall survive the Closing and the transfer of title to Buyer and shall remain in full force and effect thereafter, subject.to the sunset provision of paragraph 6.2 above, with respect to the Article 6 representations. 9.2 Bindinz Effect. This Agreement shall be :binding upon and inure to the benefit of ,the parties hereto and their respective heirs, legal representatives, successors and assigns. 9.3 . Entire Azreement. This Agreement and the other documents to be executed by Buyer and Seller hereunder, embody the entire agreement between the parties relative to the subject matter hereof, and there are no oral or parol agreements existing between Seller and Buyer relative to the subject matter hereof which are not expressly set forth herein or in the documents to be executed hereunder and covered hereby, and in the case of any conflicts between any such documents, this Agreement shall control. 9.4 Headings. The headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation hereof. 9.5 Gender. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender and the neuter, the vice versa. 9.6 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when personally delivered or when deposited in the`United States mail, postage prepaid, registered or certified with return receipt requested, or sent by facsimile, telegram or mailgram; or by recognized courier delivery (i.e., Federal REAL PROPERTY PURCHASE AGREEa1ENT - 20 S: \ CL IE NTS\ 2762\ 4\ AG RE E. DO 1 Express, DHL, Airborne, etc.), addressed to Seller or Buyer, as the case may be at the address set forth below, or at such other addresses as either party may subsequently designate by written notice given in the manner provided in this Section. Seller: Heartland Meridian Commercial Partners 4802 Nicollet Avenue South Minneapolis, MN 55409 Attn: H. William Walter Phone, (612) 823-6275 Fag: (612) 823-3210 With Copies To: William "Bill" A. Haug MOSS & BARNETT 4800 Norwest Center 90 South Seventh Street Minneapolis, MIN 55402-4129 Phone: (612) 347-0300 Fax: (612) 339-6686 Buyer: Cherry Plaza Associates; LLC c/o Givens, �Pursley & Huntley 277 North 6th Street, Suite 200 Boise, Idaho 83702 Attn: Christopher J. Beeson Phone: (208) 388-1200 Fax:` (208) 388-1201 Notices delivered personally will be effective upon delivery to an authorized representative of the party at the designated address; notices sent by mail or courier in accordance with the above will be effective upon execution by the addressee of the Return Receipt Requested; notices sent by fax transmission ,will be effective upon transmission, so long as the Sender. receives a confirmation report showing proper transmission and receipt. REAL PROPERTY PURCHASE AGREEMENT - 21 S:\CLIENTS\2762\4\AGREE.DO 1 9.7 Ri-zht to Possession:. At the Closing and as a condition thereto, Buyer shall have full and unrestricted right to possession of the Property and the right to the income from the Property, subject to Permitted Deed Exceptions, the Leases, and applicable laws and regulations of governmental authorities havzng jurisdiction over the Property. _Counterparts. This agreement may: be executed in any number of counterparts, and once so executed -by all parties hereto each such .counterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall constitute but one (1) agreement. 9.9 Additional Acts. Except as otherwise provided herein, in addition to the acts and deeds recited herein and contemplated to be performed, executed and/or delivered by Seller or Buyer, Seller and Buyer hereby agree to perform, execute and/or deliver, or cause to be. performed, executed and/or delivered at the Closing and thereafter, any and all such further acts, deeds. and assurances as Buyer or Seller, as the case may be, may reasonably require to (i) evidence and vest in the Buyer the ownership of and title to the Property, and (ii) consummate the transaction contemplated hereunder. 9.10 Governing Law. This Agreement shall be governed by the laws, including conflicts of laws, of the State of Idaho, as an agreement between a resident of the State of Idaho and a resident of the State of Idaho, and to be performed in the State of Idaho. REAL PROPERTY PURCHASE AGREEMENT - 22 S: \ C L 1ENTS\ 2762\ 4\ AGRE E. DO 1 '9.11 Time of Essence. All times provided for in this Agreement, or in any other document executed hereunder, for the performance of any act will be strictly construed, time. being of the essence. 9.12. Attornev's Fees. In the event of any controversy, claim or action being filed or instituted between the parties to this Agreement to enforce the terms and conditions of this Agreement or any of the other purchase Documents, or arising from the breach of any provision hereof, the prevailing party will be entitled to receive from the other party all costs, damages, and expenses, including reasonable attorneys' fees, incurred by the prevailing party, whether or not such controversy or claim is litigated or prosecuted to judgment. The prevailing party will be that party who was awarded judgment as a result of trial or arbitration, or who receives a payment of money from the other party in settlement of claims asserted by that party. 9.13 Risk of Loss: Insurance: Casualty. Risk of loss of or damage to the Property by casualty, shall be borne by Seller until the date of Closing, thereafter, Buyer shall bear the risk of loss. In the event 'of material loss of or damage to the Property [defined as thirty (30) percent or more of value] prior to the date upon which Buyer assumes the risk, Seller shall not be obligated to Buyer. to restore the Property. nor pay damages to Buyer by reason of such loss or damage, and Buyer may terminate this Agreement by giving notice of such termination to Seller and Closing Agent, and such termination shall be effective and the Deposit shall be refunded immediately thereafter; provided, however, that such termination shall not be effective if Seller agrees in writing within ten (10) days to restore the Property substantially to its present condition by the Closing Date; and provided further that REAL PROPERTY PURCHASE AGREEMENT - 23 SA CLIENTS\2762\4\AGREE.DO 1 N • Buyer may elect to purchase the Property in the condition existing on the Closing Date and at closing Seller shall assign to Buyer the proceeds of any policy of insurance carried by or for the benefit of Seller covering any loss or damage to the Property prior to the Closing Date. Seller will submit an insurance claim and use its best efforts to obtain insurance proceeds. On closing Seller will pay to Buyer, outside of escrow, the entire amount of insurance proceeds received prior to closing from such claim, together with the amount of any deductible or coinsurance amounts. Until closing, Seller shall maintain an insurance policy with replacement cost endorsement with premiums prepaid on the Property insuring against loss by.fire, lightning and all other risks customarily covered by the broad form extended coverage endorsement and special perils endorsement issued in the state in which the Property is located, in an amount not less than the full replacement costs of all improvements on the Property, together with twelve (12) months rent and expense loss endorsement. Buyer acknowledges that Albertson's self -insures its premises. 9.14 Eminent Domain. If, at any time before the Closing Date, the Property, or any part thereof, . is threatened with condemnation or legal proceedings are commenced under the power of eminent domain, Buyer shall have the option to terminate the Agreement by giving Seller written notice, .in which event neither Seller nor Buyer shall have any further right or obligation hereunder. If Buyer does not exercise its option to terminate this Agreement, the Agreement shall remain in full force and effect and shall not terminate, and all damages shall belong to and be the property of Buyer. Seller shall execute any assignments or other documents reasonably required by Buyer to confirm Buyer's rights as provided hereunder, and REAL PROPERTY PURCHASE AGREEMENT - 24 S:\CLIENTS\2762\4\AGREE.DO 1 E Buyer shall accept the Property without any reduction of the Purchase Price by reason of such threatened or actual condemnation. 9.15 Commissions. 9.15.1 The parties hereto warrant and represent each to the other that - no commissions are due or payable as a result of the purchase and sale of the Property pursuant to this Agreement, except as provided for herein. 9:152 The listing, agency in this transaction is Hawkins and Cannariato, representing Seller. The selling agency in this transaction is Paragon Investments, Inc. representing the Purchaser. Each party signing this document confirms a prior written disclosure of agency was provided to them in this transaction. Each party to this transaction has read and understand the contents of the Agency Disclosure brochure previously received. The Seller will pay a commission at the closing in cash, based on the Exclusive Listing Agreement in the amount of six percent (690) of the first ! of the purchase price and three percent (3%) of the purchase price in excess of Dollars This fee shall be split on a 50/50 basis between the Listing and Selling Agencies. 9.15.3 Buyer shall have no obligation or liability for the payment of any outstanding brokerage commissions or fees with respect to the leases with Tenants (including any renewals thereof) and Seller shall indemnify and hold Buyer harmless from any such claims, or cause the release of such claims effective at Closing. REAL PROPERTY PURCHASE AGREEMENT - 25 S:\CLIENTS\27G2\4\AGREE.D01 9.16 . Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, unconscionable or unenforceable in any respect, such 'invalidity, illegality, unconscionability or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, unconscionable or unenforceable provision had never `been contained herein and all other terms and provisions hereof will nevertheless remain effective and be in force to the fullest extent permitted by law. 9.17 Construction. Both Buyer and Seller have been represented by counsel in the course of the negotiations for and the preparation of this Agreement; accordingly, in all cases, the language of this Agreement will be construed simply, according to its fair meaning, and not strictly for or against either party. 9.18 Assig ent. The obligations of Seller under this Agreement may not be assigned, either voluntarily or by, operation of law. The rights of 'Buyer under this Agreement may be assigned in whole or in part, without the consent of Seller: The Buyer shall include Brent. Brocksome or other principals of substantial net worth acceptable to Buyer's Lender. 9.19 Modification. The parties hereto may at any time hereafter modify or amend this Agreement by a subsequent written agreement executed by all parties. This Agreement may not, however, be changed orally, nor shall it be deemed modified in any way by any act of any of the parties hereto. REAL PROPERTY PURCHASE AGREEMENT - 26 S:\CLIENTS\2762\4\AGRE E.DO 1 9.20 No Joint Venture. Nothing contained in this Agreement, or in any of the Purchase Documents, shall be construed as creating a joint venture, partnership, or agency relationship between Buyer and Seller. 9.21 Facsimile Signatures. Facsimile transaction of any signed original document and re -transmission of any signed facsimile transmission shall be the same as delivery of an original. At the request of either party or the closing agent, the parties will confirm facsimile -transmitted signatures by signing an original document. IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the day and year first above written. SELLER: HEARTLAND MERIDIAN COMMERCIAL PARTNERS A Minnesota limited partnership By HEARTLAND REALTY INVESTORS, INC. General Partner By- I�f Its — BLTYER: CHERRY PLAZA ASSOCIATES, LLC An Idaho Limited Li om.pany By REAL PROPERTY PURCHASE AGREEMENT - 27 S: \CLIENTS \ 27 6 2 \ 4\ AG RE E. D01 STATE OF MINNESOTA ss. County of Hennepin ) the undersigned, a Notary On this – "— day of 19,86, 'before me, Public in and for said State, personally appeared --!:L.- v iu�r w .k��iZ ? or identified to me to be a Partner ,'in the Partnership of ~'E l instrument and pN� the partner who subscribed said partnership name to the foregoing acknowledged to me that 6 executed the same said Partnership's name. IN WITNESS WHF3 REOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. KARYL JEAN CLSCN �= Notary Public Minnesota My Commission Expires Jan. 2i. 2000 STATE OF IDAHO ) ss. County of Ada ) \ t Notary PlAliclor Minnesota Residing at Zt(- ____,Minnesota My commission expires: i i O c v 5� nua ny in the year 1996�AS�S6CJATES, before me, a Notary Public On this L____) day o known . or in and for the State of Idaho, personally appearedChLLC, the identified to me to be the member of CHER of said limited liabili y ompany, and Y P person who executed the instrument on behalf executed the same. acknowledged to me that such limited liability company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Not Public for Idaho i Residing at: _ hiois� My commission expires: ]L a.� REAL PROPERTY PURCHASE AGREEMENT . 28 SA CLIENTS\2762\4\AG REE:D01 REAL PROPERTY PURCHASE AGREEMENT • 29 S:\ CLIENTS\2762\4\AGREEJ)01 s SCHEDULE OF EXHIBITS EXHIBIT A Legal Description of Land EXHIBIT B Personal Property (List of Selected items) EXHIBIT C Service Contracts Assumed By Buyer EXHIBIT D Permitted Deed Exceptions EXHIBIT E Permitted Title Exceptions EXHIBIT F Schedule of Leases (Rent Roll) REAL PROPERTY PURCHASE AGREEMENT • 29 S:\ CLIENTS\2762\4\AGREEJ)01 EXHIBIT A Legal Description of Land [See Attached Title Commitment] REAL PROPERTY PURCHASE AGREEMENT - 30 SA CLIENTS\2762\4\AGREE.D01 COMMITMENT FOR TITLE iNSURANCE ` ISSUED BY i - STEVi-_A_RT TITLE GUARAS ,Y COMP.avY a J I CN=r i L= �l�r`+i nIV i ! `.�rlt7'A''NY, A exas CCrPC•'c::Cn. "er�in CcIIeC ."e �:fi?pci.V. ;Cr _ `/all:aC12 CCnSlCera::Cn. ,^•prang =r.—! -S :c tS .^Clic;. c( ciic:es cf .ale insu snce. as mer :.•:eC °aY r C. tile �CCCCs2 In is nan E in C^e u.2 A. -::s C�In2 CC TCRCc 2 \C_ =5tc._ _r!n.sl ..Ove. hereby IR ttie lanc Cescn.cec rerer'ed,to in SCneCuie .A. uccn :avment ct ; �? FrerTit;C',s dnc .,^arges :�'erefcr: all SuGieC, :C :he _: S :.`C..i , q r�,_.:.:. VI V'/ISIlI1 �,7 int �r•� VICS n an. l+ anV 'o a Co., .I.VI .� GIS vl1V V.G11V11J �1� This dmmit., t shall de cnly.`.vhen , e .c • I,a t :he ,rc�csa n ar,c :�a arncunt of , .2 policy or policies cor"Imired'cr ~ave seen inserted in Sc^ u "I herecI s}r:he �cl:.Pany, either at :he fire of the issuance cf this Ccm.mit:^en: cr ; Subsecuent enc _amens. ^ is uance -of suc.i CII ` or Polices of tine :.^.Surance anC all iian.:ilt` This Commitrent is preiil^^.inar/ r f and obligations hereunder sinali ceaSe a \ t rninate Six mchti's after the etfective =ate P:erecf Cr './Ren the policy Cr policies Ccm ed for snail issue; `wri ever `Irst occurs, provided tt?at :he '�iu'r a issue sucn YClic% or policies is nct the 1 uI of the Ccmcany. Signed under seal for he Ccmcanv, but this Commitment shall net ce vatic or c;ndinc :mill it nears an authorized CountersignatL e. IN WITNESS WHEREOF. Stewart —Mie Guaranty Company has caused its corccraze nave and Seat to se hereunto affixed by, its duiv, authorized officers on :he date shown in Scn.ecute A. chairman or t:1e aoarc Cauntersignee bY- STEW%_-�.RT TI'T'LE GUARANTY COMPANY aro• �` _ Presicent :. 1908 Autnonzea Slgnatary Q=aany ' Cry. State XOs UN -CCPV . ?IPv yrs C O X ti I T 21 Z IT T S G' —7 17 U L Z A ORDER HUZOER: 95057077 TH EFYECT71 E cc= -3-17R. 06, i995 at 7:,30 1. Policy a, : clic'_es to be issued: A• AurA L`'.Yne.`.s ?cl'_cy, (10-_7-92) rZ1i.c u 1. C _ _= ; u_ _...-c e ' $ ::G: a pcsed B. AI,T� Lcar pcif �f, (10 2.7 -52) nate. Proposed None Other c--vera-es and/or NO In the e -fent _ s tsaction fails to Close and th, 3 C-^mm� r„�*+" gilled, a (`c12Cel� at�on fee is cane _ the amou rt of $100.00, will be c-aaz_ed to C, with the State Insurance -Regulations . 2. The estate cr ; :te_"est in the land desc='bed or refe_=-ed to the C,-Tr=i t=ent a :d covered herein is: A.= Fee Si=l a -as� to Parcel. 1 described herei B. Easementi�.te1'?3t as to ?a --Cal 2 descz'=- ed here4-, creaied by a doc- ent entitled "Richt of ,gay" Grantor' LEONARD W. -VANS and D'CRIS B. 7;NS, husband and wife, and JAMES M. =- S and Er = NCR V. RTES, . husband and wife Grantee PAUL ZAT=CA and -7RM-A SEAN ZATI=A, husband and wife Dated j'ULY 17, 1973 Recorded JULY 21, 1973 Ibstrument Nc. 855559 Pu_-aoses CONSTRUCTING AND OPr—.11T-MIG AN UNDERGROUND DRAIN TIT_,E -1- Commienartt'Schodtde A CONT order No.: S'= - 9 5 0 5 70 77 ill 3. ^-iit? e is at --e e__ect-ve data .vested =,cif. -=..=-i L .•�"^_i���I C^:'i"rt..= ��_.� �� �--•r-?C, ._ :�-- -�=C Cr. __^..__Sr? 41. Z'he la=d -ed t=e Stage c: Ccu= ;:-d �� ^'-� os desc_d as `o1_cws. r - - f" -A PARCEL L � 7, ver-._- East Cj Se .•far- ._a^ _Cc CCt ._-:i : -tea =G, "C- = = G- -- --.r desc=-- ec ^_t =, et.s and ccunds�as _,cws . a ` i .e SoL't Co ^east rner OL C S SC'.:: = :?.t Y' atter CCym7NC. , _ c of Sect-cn 6 Tcw-, sr_ip 3 East, 3c_se ' South 88adC=ees 01'10" Nest as West 599.5 f a_et) a, C-- t_^.e SCut e=__t CCL_ �a= r CL Sect- ^T to t e 'RCS _C_`1 OF _EGr`7i�_IG; th ce l..r South 88 deg--eesy01' 10 west 7fl5 . 1 -eee (-o= e ---r cesc:_ - bed as ^? �4 feet } a1^^g Sa.d SCL't :er T V :Ct r t ci west 8 . - Sect_cn 5'to the Sou= hwesc co=er of sa_d t-Secc�c:. 6; th e nc � Nc=th 0 deeees '_5'20" west 62 _3.04 feet ( _0=er.v ifesc_-bed as Nc=- " 633.22 feet) alcng nce sa4 d Section 6 to a point ; �--e _ 88 decrees 01' 10 " 705 East c_sc:wed North __ _ ^ as East 698.94 feet) along a 1_te _aral_elt, ad 622 .76 feet at :--4 _aht angles and `Tcr _nbr__t '::r= the said Scutherly bcu :ca=r O -f Secticn 6 to n : c= South 0 �degrses 1.4'50" East 523 .05 feet (fc er'__t cesc=_bed as Scut: 623 .22 feet) along a 1 _ _e �Pa=allel tc and 593 .72 feet at r' angles and westerl.- ==cam the Easterly boundary of the `said Scuthwest Qua -'ter CL Sect_cn 6 to the POM=" OF SEGLID7_`IG. _ons deeded to o t^ �� hwa;r D:str_ct EXCrPT these portAda C L..ty ---_ � . b Deep reccr''ed DEC 23 , 79 ; 6 , ' as I .Vc str .^e-= _ Y ds 7734815, and 'jMY 22, 1991, as Instr=ent NC. 91396'.c , records of Ada Ccunty, 1dahc. PARCEL 2 -2- Commita»nt Schedule A Order NoTr a A ncn-ext_ +S'_'Je _aS2'il?_^_" =C- ^a�'{= - a= _4= r'-ss'/eC_2ss over the =c 1c•r_ _ desc=_ced ca_ - e' c. _rcumd. A ccr-4c_^- c : Lc:: Sect_cn �, '';,'ra _ _3 C; ".~:r East, :_.1cal riC3 C: , deSCr'_cet a_ -d ;CDCs as CAIS. C^l�'NC=`Tr' _ .: JCL`t: east C:r:e= C= t.e JCI�--_iieSt YL:arte'" of Sect_.._- Meridian; a=d Scut i 88 d Nest _, GS2 . 50 feer (-Cr' er:_ -_sCrtnec �Q.� a.0 t: e SCLa :er_:I Wa=l ct SCut.'I 88 West 70-5.1.1- fee: i- 'r- n--�_: �cC_ _•�c� -nest 8.7`'- Leet) 3�OnC Sa1C SCL:tn?r:_I :c'rrcar'� C_ SSC- Cn the .ScuLnaleS= cOrrer Of SZ_d 3=Ct_en"44 5 Ncrt:: 0 decrees _5 20" West 523.0= feet=sC=�De'r as Vcrt 22 feet) a3 cmc the Weste_ _r �c ��da-:r o= Sa_�` SeCt�On 5 t0 a. vC=n� ; t�cnCe North 88 decrees '0_' 1-0 " East 705 - =L (-C__uer_V ..._Scr_hed as`3ast _?8.9a fest) mono a lice gara__=__ _. a=d 022.7S. feet at r_C.1C anQieS anC NCrt: er_:j 'TORI t e said SCuth er'_y bcL daI t�OL SeCt=C.^_ 55 t e=ce South 0 degrees _"'50" S f=_et _-r cesc-_bed _ _ East 523 0 as Scut- 623.22 feet) a? cna a lice para-,-', =c and 68.72 feet at r_c t an- es acc Wester'_y '=cm the Caste_'v ccuada^r of said 'Southwest Quarte_ ci Sec" C n 6 to the _OI`ii` 0= 3EGI-NNIENG. EXCEPT t cseper__cr.5 deeded to Ada C;,i=:-t.r by Deeds reccrded'1976, as =cst_ :.: ^_t `Tc. 773481, a'_d J'G'L'' 22,. 199 as records cf Ada County, Idaho. purported Address: NO ADDRESS G_M1 cac END OF S===- A -3- Cammiurmnt Schedule A I C O 'M K I T: i Z N T S C i U I, m 3 S E C T I O *T I OR:MIR INUM8^.R: ; S0_57077 J'.: . at 7:30 a.1. mt.A=011-W4 n= _re _�e racra,_ame is tC :eed :Vit Teem (a) Pa=e= to Cr =Cr t e acccl--z of the Sra--acrs .cr ii1CrCCaC_C_3 C. _ .e .__l CC :S _d erat.C% tae "ecC t= Cr tC be-�sured. be insur=_d rust ce e:cecuzed and duly —'led f.._ =ecc_d, to wit. Necessa= CCr,=,fa:-ces 'Jest- "C fee s—, --- P r -. r, c s e --PrCDOSed-sL'red. 2. Deliver-,- to and approval by the out hcr_ i�.c^s�ct_�v of- d c,--,.e_r._i on _cn and sett=nc for_ h parc_es aL't�iCri�ed to ?xecute_ dcc"gents CII Ge.^.alf of E-A.P :AN CO ' = C CSL P. R=R. S . Cc: ALLIANCE TITLE / .�^^.�T F'RANM--1 T ,jqF"-T--LZAS=--=A-RX / LORI MCCDY G--Vz--`TS, PUi SLcY & EIINTLa_' / =- IS 3ELSON S C.Ry IMANAG_,. i J 3R�"`l'�' 3RCCZSCI`� S -r • Ci1�TN-AURZATO 1MAR "A20 .R ALT'_' M-ANAGMxS1'1TT / BILL MUNSON NOT-: If the applicant desires copies of the dcc-=ents underlying anv exceptiOn to coverage shown herein, the Company will fu=ish `he sane on recuest, if available, either with or without cha--e as appears anpropriate. NOT-: If a Deed c= Trust is contemplated as a part of this transaction, the correct came to be entered as the tr•astee -4s: STEWART T=LZ OF -AF-0, INC., an Idaho Co=orat'_cn. mm OF SULs 3-SnC':ION 1 Commitment Schedeie 3 - Section 1 C O T T S C 3 O U L E 3 S E C T I O :T 2 ORDER. _'ice: - 5 X57777 v: EFF -_-7C'_= DA'I'r. CC='O-MS3 05, -191-15 at 7.30 a..m. EXC��T_CVS: The ccl_ y or _ --__es to be , ' l c`�-- C L' n_=ss : e same _a d_S^CScG .= tc t :? sa==S=a..�_o - C= the CCTpa _J : _moi_ v =aczs -=--�'--'-GtS 0= C -?="S �T`'--C-- ar'- S CwT w. .. �� vu :_...-,_r..�•.i�� , ✓i.... •N _�. � ��iu�'�.. .... aSC�_ �...._...0� ��% a t.on t7 - land Cr .^V �'3.t=�C ? _ ;� cz _ e:'s=s =S 1 2. EaSame tS, Or e C_—'-" ^=S _c9s,. Or C_ _.'1S t=er?C:, J12iCF1 a.. _h �� 'public raC.nr� �= not s c;�: .. � the ,,L:_,__c .,_ s . O 3. Discrepancies, ccf1_cts in bcundary 1=es, area, encrcac:Iny ents, or act .e- -act moi:=c. a correct sur:ev wcu_ d disclose, a=d w�__c'are ^ct s es�rn '^y _ _e _ u l_c reccrds.. O 4. Any 1 --en cr right to a lien =or se=, CeS, labor-, Cr "'i3t?r-i3? heretofore or aereaftar furnished, imposed by law and not shown byth e pu_ic records. 0 5. (a) Unpatented niniaa claims; (b) reser-;-=tic-"s or exceptions in patents or Acts author_zinc the Issuance t hereof; (c) water -:gilts, claims, or title to water. 6. Taxes or assessments which are not shown as exist4c liens by the records cf any taxing authority that levies taxes or assessments on r=_al property or by the public recor:is. Proceedings by a public" agency which may result i= taxes or assessments, or notices of such proceedi_^gs , whether or nor- shown otshown by the records of such agency or by public record. [Special=xcept' casl �- 7. General Taxes fcr the year 1995, a Lien but not yet due and payable. Gzreral Taxes for the year 1994, are paid. a� Parcel No. 03-S-1106336390 ' In the original amount of $1,912.20. Parcel No. 03-S-1106336305. PSD z-- the cr;Cirall amcunc of $26,790.065. pew/ �-'f�� ° _xC��j �� T; f �" �llp � Commitment 5�},.dul• a - S.exn 2 corn==NU';.-=crr OF c::� � _�.:_;�� .,•. order. NC. ST-?5057077 J'._ T`�� i:a.^_d descr_'—=d ; e--e_� :s-, ccate�' : 4:� tie �ouydar'_=_s R G' =) and .S SuD' ter- t.^. any Assessments _ev:ed t er_�cv. -�- 9 • �:.hwand des ' -'-dv'n Z: e ccurda__es - �`. is Su_^. j'?CL tC C;` Disari c: anc •- an v Asses SE^,e=� Q_ Curreac Ca_.?. 0 +--r _ ..= "?"_. s' cTandCCP_C_ l`.�:ereC- . `CCS �`iT?= titcL�1^_'A=�� Gl�ls c�u'I GAS L;`iSS AND LNC=OE.r-;Lr, rJ --cse .eco �ed �tDTE- 29, =973 y ' t_CrS E „ -e Te-_-ms and Ccnd- a� t_ F rA:-C r^s�e�t a.JCr ci g r��i • S�' CTTV 0 R� =__NTAL _UZR_CSES SEWER i1�1 INC Pu=cse �A1N1_Z Y TA 3ec�.ded `�`-�RC.. 2, 1978 I; st_r.*nent' NC . 781.0824 12 , and the Te--.-ns and Ccnd___ons thereof Eas_ e t:, „^E OF ���0 1G' T cr of _: - a' C�T`� 0� i � �i� ST:k- �� pr-_CSES Pu^cse yAI�I..,.INCAI,Recorded Inst--ument No. 78_0825 7' 13. Easement, ana t_e Terms �a.nd Conditions thereof:. 3NCTrN AS PAU11=0 =ICA AN7 In L Favor of AtIL ZAT-C_�., ALSO N ZATiCA �UGa -OF-WAY AND LNC=--- R rAL PUR CS .S Pc:r -_cse _ Recorded APR-TL 8, 1982 instrument No. 8214532 atd `he Terms an d conditions contai--ed tnerei-: 1 14. Agreement ; _ RTI:AND LL CCi` RCIAL ° �LR'_''NE.2S , a 3etaeen Yt-er .innesota limited pa-.�__shia and 7.S. BANK OF IDAHO, N.A. Recorded :FARC= 8, 1994 I st;ment No. 94021293 RECIPROCAL EAS`I'r Pur ^cse Easement, and the Tates and Cohditicr..s thereof : COMPANY moi. , ; avor of =AHO POWER DOWER LINES AND INC:=Mi�'AI1S Pur=rose u"`TDERG ,C= Recorded %RCH 13, 1995 Inst:ment No. 95016754 -2- Commitment Schedtd4k 3 - S'ction 2. Order ?Tc . S--=:50=7077 J -r' 16 . Ease^ e �r =a�d 'Z'er.:ts e-nd Cord t'_o .s t'^_er=_o. - 7 iI7ERG RCLNTD =C'Nz - -NSC AND Recorded ',LARCH 1 11 '9 9S0'_575 1 7. =aseme a- - r. - .e Te=.s a=d r'^.nd=:_Cris ^ere' . LIL�C:cCL'�ID rCrN�__ '_._ S ES 1: T_ sz: .:.s_^__ tic. 955016675E 18. :ase_menC.a a .__c_csed Cv a I_"'�:�•' X15-^ =�r_: c 7-`�==C=GT.:V^ ?R;GAT ;CI'll PIPES LN -C S•_ .RM dated C. -i 4 -153 8 2 Aim r.v 20 19S Pr. _ct Nc. 88-822, 1� SNG_`T'L_,ING 19 . Te= -s Ccs d_-4 C::S LT.~titat'_crs aid Gb? _cat_c .s , whe _ her 4 deCt:__ed as tic. C..:, , C= SCnedul e A. 20 A.ss_a me_^_t c lease dated SE --=ER 1-, 197; , l=;Zasa dated r}D S i? SF.R 15, -1-9777 M T' = APALLEPRCUi.'i:. as Lessor, and by Sv-kLi, _USI`iESS AEI VISZ'R_�T-=CN, as agents of t e IN--, = ST= -ES CE AZERICA, Lessee, fC= the period and upon the Teras, Cc-t_Cr:S, and Ccver:ants t2jere4- ccntatnedrec--rded 20, '_977, as 77 5163 and GC':^3�'R 3 - 19_.. Inst= .:meet Nc . 4 recorded � _ , , � , as Inst=.imer,t `Tc. 7752543, Off_c al Records, re=_rents ce=.g her=^y trade to the record t.^.oraC_fOr fl -11.2 -�- 21. Dec'_aratic- Cf as aL=acts a Lease__^_c? d 'wterest far ALEERTSCN, S, MTC., a Delaware Cor'tcration a ---d tie IDAHO ?IRST NATIONAL BANK, a Naticr-a? Eanfci.c Azsac,at'_cc, recorded rRUTL''' 26, 1988, as �Str'-'^ ^t Nc. 3809Z_a, and -.-, re-recorded F-T_?RUARy 29, 1988, as =: str=eet Nc. 8809452, Of f'_cial Reccrds . 22. Me.*ncrandu= cf Lease Lesscr ��,A.RZ'T `ID 3TDT_. N CG RCI. L=A.R'�':iER5, a Yd--=esota luted part: ershiD Lessee ALBERTSON'S, :`1C., a De:aware ccrrcraticn Te= 2 0 YSKARS Dated `"AY 20 1988 Recorded JUNE 16, 1988 -3- Cemmitmont Schedde 3 - Secrion Z -4- Commitment Sehedde 3 . Section Z OF ccl�=^.l_-MiT SC .DIILL 3 - 5:.'•.--�:+ Order No.. 5T-950 77 'JF_ Nc. 3S29392 -4- Commitment sehedde 3 - Section z Artendmen`. t^. Sr__ ^i nC C=—Mz:e Lea sa .-limnescCa ? tec "Tama:t :L3ERTCv�' S, : A1C. , a Ce_3flars C=C:at4Cr Da te^ jTuY 29, 1988 tIISt=.:.TIte7�t No. 384.937 S -C -And Amend.�:e nc to Shc^c� - Ce __�_ ::easz vuULY Data d Tnsc_.:.ent Nc. 00 D 23. A=r�-eccrde^_ _ase Setween r.�.RT?rA�vD 'R�=ori CC:-' RC^� � =? :`iSRS, a nr_escta 1 sited partnership . And z=-?2TTZ STORES, __iC. , an C,=SSCP C^r"-Cirat^:= .�-. �•T-' _0 148 1 24. V An Unreco- ►ed -.ease Between :.:A,�TT, AYD i�R= �i CC:�n r_'_'.C: L = R'='`1SRS , a �nnesota 1�. ited gartnersh - And PAHO = NAT_CNAL 3AV.ti, a nat_cna? bank ^c associ at_on Dated AUGUST 1; 1977 23. U=ecorded Leaseholds, if any, and t e 34 chts off Vendors and Holders of Sec'.:=_tY 1 'terests in, per'sc ?l DrCtperty or Tenants to recve said- personal DrCCe=y at Che e --c-- rt of the Te--=- L, j A4 1'1- C G rrZ'+ Y, r9 i f 26. A Deed of T=.:st and Security ACreement, and the te=s and ccnditior:s the_eo-. Stated Amount $2,300 , 0400.00 Grantor :^AR'T_'T.jA1�iD MERIDIAN CCN�z'RCI.AL 9_ =TE S, a ;u (< 2.1 ,�.i=esota limited partnership v Tm-'LStee STEWART TITLE OF =AEO, LVC. a U- Bene--F-y it�STSRi`i MCR' .zAGE LOAN COR.PORAT_ON, C--=crat-on Dated AUGUST 1, 1988 Recorded AUGUST 5, 1988 Instr•,=ent Ne . 3838444 -4- Commitment sehedde 3 - Section z Order No.. 'ST -95057077 J'3 AsSiC- _rcnr ` C_ Nc:e and -,.ca-,CCc'.''^.eCtS c .e d r= ='FD C u - RNs QVC ASS. t- C� J' � .__ U Dates _n s t e := and 7.==SaS D;T a=,-4 :bet--ween: CAsS71c_ r?':',iD"==D :•amnesc? =-meted• = ar..ce_s -,p _ M RT^-nGG rl:e�i� C R nip �i�_�.:�, rJ tan Dates SI"' '_, 10-.3 T s- ReCCrced - GJS _ _9a8 _Cstr—,7.ent NC Ass. :.:, e_^_t C -F ;;CCa and ^Lca/y1 Ccc'--!emtS T'^5D C. 1�L AHA i F Ass_-r_ed to �"N�_ �_ Dated CGUST 2, 1988 Recor•'ed AUGUST ;, 1988 st_6 e _c 4 �.�..` `7c. 3c38 02 28. w _NxVCINC and t. e te=,s a_nd co�diticns t ar=_of DehtO_ ?i.c'='I_:AIiD `'r'R L�iLY C ti!M.RC?.'kL P_ 7RT-HERS Secured Pa= =y MORTGAGE :-Cr�v CCRPOR.�T_ON Recorded zuGUST 2, 1938 instrument Nc. 3338440' County of Ada ASS' crosment of NCCe and LCan DOc'.:.^:e_^.tS Assicmed to T' CMAr:A LIFE . VSuR•UiCE CC:`"r'`>1VY Dated 3uGi�SJ. 2 , 19 33 Recor3ed ACG'JST 51 1988 Instr=ent No. 3838462 - 29. FINANC�VG S==�-..`�"1' and t.ze term -z and condit'_cLs t"ersof: Debtor =--ARTTAND M5'.�IAY CCW—=- ar. PAR'-".r--RS Pa---=, ��ST5'RN mCRTGAGF. LCAN CORPORATION Filed AUGUST 5, 1988 F414- No_ 2-01-0326159 State of .Ida: o Assigu ent of Ncta and Lean Doc=ents Assigned to "NI':'� OF CM�� LI='�' �VSUR.�PIC= CDbLALVY Dated ACG -ST 2, 1988 Recorded ADGUST 5, 1988 Inst--�:meat No. 3838462 -5- Commitment SchedWe'3 - Section 2 corm ��u���aN OF order No. , 877-950573717 Tr_ L T 30 Lease, a._d tie _=_mss andcc~c_t_c�s t�er�of Lessc_ :' �L: TLA:4M; Vic__ _71:ASI cssee CaERT f c, T::CM_ lE.SU=:=iA`T and DCNI-; ,7 "TOT--: _�I t _rC_ C - -_Y sAli r-.1 SJG e1S 31L:1V =n— Tv .7 tJ iJ C.-. , a �r SNC. , ctn _cZGn�i Cc "'::Qral._vn :icn-Dist...z_^.a _cs and At-_-_=e^t Acreement Bet Weer . , C. , am Idaho cer- — z_- �.0 ra D SRIN ar-d WESTERNMCRTGA C -E 1CAN CC�c_ ORAT_CJ1 Dacad, AUGUST 2, 1- 88 38384'^� z, R=aar :-"C ROUND T�'i^.L-n•r� Vo 31. Subcrdinat-c., `+cam-Dists�.^.aCs and-AttO.ent Ac_e=_est Between :.AN 30FS?F Luc m and 'WESTERN MCRTGAG? L -CAN CCR C.TtAI':CN Dated -:JLY 11, 1988 . Recorded AUGUST 5, 1 -CES Inst:=* went No. 8838448 Regarding =_R y PLA711 OPTICAL, 32. Subcrdinat crm, Ncn-Disturbance and Attcr...ment Acream-ent Between CONST TO COAST STORES (CORG_W ZaTTON) INC.G:�i'Z'RAL and 1iz-STSRN.:ACRTGA GS LOAN CCF-QORATION Dated uL-LY 12, 1988 Recorded AUGUST 5, 1988 Inst=sment No. 8838449 Regarding COAST TO COAST STORES 33. Subordination, Nca-Dista ance and Attorr_ment Acrsemenc Between STATS LIQUOR DISPENSARY OF IDAHO and ,jLSTB' NT A4CRTGA GZ LOAN CO? DORATTON Dated JULY 13, 1988 Recorded ACGUST S, 1988 Instr.imeit No. 8838450 Regarding STATE LIQUOR DISPENSARY -6- Cammivnom Schadui• 9 - SoctiOn 2 7—. G - CQIi�'�`�A;_CN Q� L..Ja�.��_�"Lail: Sl � '.�,j1,J.,,/L' J — ✓YV�_Vll !. order No.. ST -9 0557077 JE a= -d At -__-:..Cie Agreement Ee t gree GLLiN _ . S: t� _._ a. .DA :4. SM_'+'�_ , ^-sband azd 0.��ACE '� d LOVAI. ?,C3, n aid ;YLs.'R:�r cT�.�c� eco � �ed -J. jST 3�st-W* eYc -Nc. 3838455= -8- Commitment Schadtie B = SeCte" 2 Order No.. S':-9507077 J1--- H39. 3 Lease and t e "e^ts sf== cc^cit'_Cns tdn-eo�7 -9. L e s s c r � �U-L L.�a J _ . _� a:=G � :'t� J .11 G: -:=m- Z , husband ueSsae _ACV=DE_I':' ? ,E?== �V=`iCS AND _CNN 1CSCC1.:%T::' I SATE CN :v: _C:: TE:'I�`'T G?E`iS r'== :.`.t�JED PR 21 SES --� r� n F42Y� 3eccrded_ 2 , 1921 _nsn_.:.r^enc. NC. 3:06177 Su.tor;' _^_at - ~ :ic :-D�stu=Dance and Atte= ^Me= =gree-me_^_t Ar Jecn _RGVIJ�i�? =�E`' CAV -IGS & LCA_`I ASS.`-uC�=CZ7 - 7`-^_� •t1=.S.-:y��I 'fir `ran �G �^�. --I C;UI C..iR2OAyT�v:I Recorded CGUS'='y8, Z°28 I:�5C=.�„ent NC. c338450 Reaard1n c r _'0v=1 N"=' 40. Subard,, -a and ei� `0�':^.1e12t ,iC==cmer:t Between n c�Gr:T�P'�==RSCN _�.:. ES':ATS, __ -,d-=..c sole ^.'^vDr�?tCrSa1�D and v_STE�V MORTGAGE LOAM CO?L�OR.�T=CN Dated u-ULY 13, --.1088 Recorded -"IIGUST 5, Inst=,:meat No 383845 Regarding r'R;.GH'I'- P 7-=—RSON T 41. Subordination, Ycn-Disturt-ayce and Attc=--went Agreement Between ?rzSTCo, ZYC. , an Idaho co=orat_on and ATESTz"RN `dCRTGAGE LOP.N COR20RATT_CN Dated Recorded AUGUST 5, 1988 Inst=.sment No. 8838458 Regarding' WESTCO , INC. N D 42. Subordinaticn, Ncn-Disturb ance and Attor^.-meat Agreement Between ` L, S SCDY SF.APING & TANNi,VG STUDIO, INC. 0� and 'viEST_rR"I vCRT�AGZ LOAN CCUCRATiCN Dated AUGUST 5, 1988 1 Recorded AUGUST 9, 1988 zna� Inst:^.uneat No . 9839024 Rega_-ding CR`�.�' S 3CDY SIDING -8- Commitment Schadtie B = SeCte" 2 N C r A j""a-r -CON -r CC:y'_- ^ — TT s IILc. 3 - SECTZMU 2 Order No.. ST -950570 77 j 43. Su�Crd=P_at=Cn SIC :'DISC _canCe �_^� ACtCr j entCreere,�t Between dra 2=CRY _.. A. _ and TG�G= Dace^_ .: j7_,'C 29, _98.3 ' ..us =, -laps rr— ' RecOrd_0 d v Inste_^_t Nc _ .390�� Recardin_ 44. A -=::dAttcr-^er_t Acree ent Between n ca: ,YDS ?V :�OR':GAGi .�,•d __..,U 7 7­7CRr.J, C., a_ C:B Cn Cor"_Crat�.CU a _ Recorded GDS' S , 88 In .:.me t No . 8x38 41 str' Reca-ding . _ ROliSI - _� ITZ Commitment SchedUe 8 - Section 2 45 A Ncn-Dist,.=.:art? and Between :-jCR' 'GnG LOAN. CC3P0.RAT_ N,, a Utah _._'✓cra__on and AT3ERTSCN' S C. , a De -aware co--�crat:.cn Recorded AliGL'ST 5 , 1 ° 8 8 Instrument No 883846C Recardinc `-Z3F_R'T'SCN' S 46. A Non-Disturyance and Attor-..mer_t agreement Utah _ Between MOR` ,-_AC_E LOA<IT CCR_°ORATTCN, a O and c rl.�A OoF--ZST NA^'I a national. r CNAL BANK, G, banking association Recorded AUGUST 5, 1988 Inst-=ent No. 883846- Reca-ding :AHO _ __ST NATIONAL 3XIM T 47. Consent and Su crdi.naticn A�"eement, and the Te_ -.ms and Conditions contained the_ein: OF OM.AF_.A LIFE MNSURANCE Cor-TA`TY Between u'- 1!7ED and corpoation AL3ERTSCN' S, INC., a Delaware corporation Recorded DEC 6, 1994 Instrument No. 9410630- T FOLLOWING A?.- -'CT a 71=1' — ` S INT�R_'ST: Commitment SchedUe 8 - Section 2 1caV 1 J V LG .J t. CCNT=:+uri1: Ur1 Ui1 <�..�1•�-- .- •• Order No.: S'T_`-95057077 JH 48 . F ranc:.. Statement and the terns and cdtdi-tions t'jereaf . Detct= :�CRGAN-3US'r', INC_ DBA CCAST TO COAST . Sec -red -a='_T W -_-ST CNE 3AMK, =A.i-O, N.A. .Reccrded AUGUST 21. 1-9' 85 3540453 F AP.e r ry `ri' 7 Recces-4ed � JL'7 29, _99= Instnune.^_t _NC. 9140960 Ccu:,=,r C: Ada 49. Ass'_crMeTt Cf _ease Lessee _ .v . S PCR':' _STT WORLD, -VC. Ass'_z--ed tc Ai_RZ=T ?A:T< OF CCiV+�.-C Dated~ AUG -UST 1, 1991 oc�r R_....__�e__ AUGUST 7, 1.991 Iat":me�t To. 9143215 ReassJS=e_- o= Lease Ass'_^red t Si -4 -ALL 3t:S_TNESS. AMNNISTRA^ CN Dated MAY 18, 1994 Reccrded :-.AY 23, 1994 I st_=e_nt No. 94048134 _ END OF SC'DUL3 3 -SECTION .2 -10- Commin wl Se3*dd@ 8 - S*esion 2 EXHIBIT B Personal Property (List of Selected Items) [To Be Completed By Buyer and Seller Within Fifteen (15),Days of the Effective Date Hereof] REAL PROPERTY PURCHASE AGREEMENT - 31 SA CLIENTS\7162\4\AGRE E.DO1 EXHIBIT C 4 Service Contracts Assumed By Buyer [To Be Completed By Buyer and Seller Within Fifteen (15) Days of the Effective Date Hereof] REAL PROPERTY PURCHASE AGREEMENT • 32 SACL 1ENTS\2762\4\AGREE.D01 EXHIBIT E Permitted Title Exceptions Title Commitment Exception Numbers: 1 through 6. If standard coverage. 7 through 9. Prorated. 10 through 19. 21 through 22. 25, 26 through 29, if loan assumed, and 30. 32 through 33. 36, 38 through 41. 45 and 47. REAL PROPERTY PURCHASE AGREEMENT - 34 SACL IENTS\2762\4\AGREE:D01 i EXHIBIT F Schedule of Leases_ "(Rent Roll) [To Be Completed By Buyer and Seller Within Fifteen (15) Days of the Effective Date Hereof] REAL PROPERTY PURCHASE AGREEMENT • 35 S:\ CLIENTS\2762\ 4\AGREE.D01 Cherry Plaza Associates Application to the Meridian City Council for ■. Re -Subdivision, Subject to Annexation and Platting ■EQC March 5, 1996 OO�� Cherry Plaza Shopping Center property is presently comprised of two separate uses and zonings. Both separate uses are held under one ownership. The community shopping center, which includes an Albertson's store, a number of shops and the Pioneer Federal Credit Union, totals 9.05 acres. This center is presently annexed to the city of Meridian under a zoning of C -C (Community Center). The second use, comprised of employee parking, a truck turn -around and vacant land, totals 3.57 acres and is zoned RT (Ada County - Rural Transition). The location of both parcels is depicted on the enclosed Vicinity Map (Figure 1) and "Cherry Plaza Current Configuration" (Figure 2). Cherry Plaza Associates, a company based in Ada County, has entered into a contract to purchase both pieces of property, from Heartland Meridian Commercial Partners, a Minnesota limited partnership. The full intent of the Cherry Plaza Associates is to subdivide the entire 12.62 acres purchased from Heartland into four separate lots, all zoned C -C. Of the four new lots created under a plat, one is contemplated to be conveyed to Albertson's, while the remaining three will remain in the ownership of the Cherry Plaza Associates. A purchase agreement between Cherry Plaza Associates and Heartland was entered into on February 1, 1996. A copy of this agreement has been provided to Ms. Shari Stiles, the city Planning Director, in February, 1996. Timing constraints contained in the purchase agreement and project financing necessitate the creation of a separate lot for the Albertson's store and parking prior during April, 1996. Typically, an annexation and platting process takes longer than the time allowed in the Cherry Plaza -Heartland purchase agreement. Therefore, subject to conditions placed by the City of Meridian, Cherry Plaza is requesting to proceed under a reduction in platting requirements as allowed in the City of Meridian Subdivision and Development Ordinance. With an approval from the Meridian City Council for a reduction in platting requirements on the evening of March 5 and subject to conditions acceptable to Cherry Plaza Associates, Cherry Plaza Associates will promptly apply to the city of Meridian with both 1) a one-time split, as allowed by Ada County, and 2) a combined Annexation and Preliminary/Final Plat request. Reduction in Platting Requirements The City of Meridian Subdivision and Development Ordinance provides that "...the reduction in platting requirements of certain parcels may apply to previously unplatted and unsubdivided ground upon application to the City Council" (§ 9-604A - PROCEDURE FOR SUBDIVISION APPROVAL, SUBDIVISION APPROVAL REQUIRED, applicable excerpts are enclosed with this packet). Under this provision, the applicant, Cherry Plaza Associates, shall "... submit an Application for Re -Subdivision showing the existing lot and how the lot is proposed to be re -subdivided." Upon application, "The City shall then determine what requirements of this Ordinance shall be complied with by the applicant." Note, the Ordinance also provides that "The City may require full compliance if deemed necessary." The Request: Application for Re -Subdivision Cherry Plaza Associates is, therefore, applying for re -subdivision and is further requesting the City Council's approval to apply the reduction in platting requirements to the existing shopping center property. The proposed lot split would be in general conformance with the enclosed drawing "Cherry Plaza Application for Re - Subdivision" (Figure 3). The Council is requested to authorize the City Engineer to approve a one-time lot split creating two legal lots, substantially in accordance with Figure 3. Quadrant Consulting has confirmed that Ada County allows splitting of parcels through the lot split process and the parcels created under an Application for Re -Subdivision would be legal lots. Verification on this matter will be presented during the City Council meeting of March 5, 1996. ;.. 1t; Cherry Plaza Associates Application to the Meridian City Council March 5, 1996 Page 2 iiQC Conditions Applicable to an Application for Re -subdivision Cherry Plaza Associates acknowledges that the Meridian City Council may place selected requirements of the Subdivision and Development Ordinance upon an Application for Re -Subdivision. In the spirit of cooperation and because Cherry Plaza Associates, in conjunction with Albertson's, Inc. desires to 1) Annex the area currently zoned RT by Ada County and 2) Plat the entire area depicted in the enclosed figure entitled "Cherry Plaza Annexation and Preliminary/Final Plat" (Figure 4); Cherry Plaza Associates proposes that the following conditions be placed upon any approval by the city Council to allow a re -subdivision as provided under the Subdivision and Development Ordinance: 1. Concurrent with the submittal of a lot split for the City Engineer's approval, Cherry Plaza Associates shall make application to the City of Meridian to: a. Annex and zone the existing 3.57 acres, currently zoned RT by Ada County, and b. Shall submit a Preliminary/Final Plat for the subdivision of the entire 12.62 acres into no more than four separate lots, generally in conformance with Figure 4. 2. Along with the Preliminary/Final Plat, Cherry Plaza Associates will submit a site landscape plan for Staff review and approval. a. The landscape plan shall provide for landscaped islands, including trees, within the existing site parking area and along the perimeter, as practical. b. Again to the extent practical, the landscape plan shall function to improve traffic circulation within the site and onto adjacent Cherry Lane. 3. Acceptable conditions of platting could reasonably include: a. Completion of landscape improvements per the landscape plan approved by Staff, b. Inclusion of cross -access and cross -parking agreements for platted parcels, and C. Conveyance of additional right-of-way as required by the Ada County Highway District. Summary Cherry Plaza Associates is requesting a motion and approval of the motion by the Meridian City Council on the meeting March 5, 1996, substantially as follows: A. The City of Meridian will allow the re -subdivision of the existing Cherry Plaza Shopping Center creating two legal parcels through the lot split process with Ada County, subject to the following conditions: 1. Concurrently, with the submittal of a lot split for the City Engineer's approval, Cherry Plaza shall make application to the City of Meridian to: a. Annex and zone the existing 3.57 acres, currently zoned RT by Ada County, and b. Shall submit a Preliminary/Final Plat for the subdivision of the entire 12.62 acres into no more than four separate lots. 2. Cherry Plaza Associates shall submit all fees normally associated with both annexation and platting for this site. 3. Along with the Preliminary/Final Plat, Cherry Plaza Associates shall submit a site landscape plan for Staff review and approval. a. The landscape plan shall provide for landscaped islands, including trees, within the existing site parking area and along the perimeter, as practical. b. To the extent practical, the landscape plan shall function to improve traffic circulation within the site and onto Cherry Lane. 4. Conditions of platting will provide that Cherry Plaza Associates shall: a. Complete landscape improvements per the landscape plan approved by Staff, b. Include cross -access and cross -parking agreements for platted parcels, and C. Convey of additional public right-of-way as required by the Ada County Highway District. C:\I-TEMP\PROPOSAL\96-ALBS\CC-REQI.WPD b i' ulls lb PION". CRE01T UNION^� PARCEL # 51106336196 ZONED CC iiQC CHERRY PLAZA CURRENT CONFIGURATION p \ p ` i `\ DRAWINGS ARE ILLUSTRATIVE AND MAY VARY IN A MINOR AMOUNT AT THE TIME OF PARCEL # \ SUBMITTAL TO THE CITY OF MERIDIAN 51106336200 ZONED RT 3.57 acres varecci 'Z �NSIN.�p95091aTT 1 ` I `♦ I \ i I PARCEL # I51106336400 ZONED CC I 1 6 II 7 L-�777 PARCEL i{ II S110E33E340 LEASE HOLO I I i �ACHD L0. W. TAKE INS. )(77346 15 CHERRY LANE CHERRY PLAZA ASSOCIATES FIGURE 2 2 CHERRY PLAZA ANNEXATION AND PRELIMINARY/FINAL PLAT N ALL ZONED CC , DRAWINGS ARE ILLUSTRATIVE AND MAY VARY IN A MINOR AMOUNT AT THE TIME OF \ SUBMITTAL TO THE CITY OF MERIDIAN \� LOT 1 �\ i ALBERTSON'S ( SHOPS "C" ' `\ I SHOPS "B" � 1 , I MAJOR "B" � LOT 2 , ` I 1 LOT 3 i I ACHD ROW FK- ' wsT_ *9,,396;9` I MAJOR "A" , I SHOPS "A" 1 � t LOT 4 ' ' I �� A ACHD ft.O.W. TP KF ,NST. j!']IJ4B 15 CHERRY LANE 7 CHERRY PLAZA ASSOCIATES FIGURE 4 X04/22/96 MON 14:23 FAX 208 343 9492 FAV. COVER SHEET DATE: Monday, April 22, 1996 i' TIME: 2:19 pm (Mountain Time) PAGES (INCLUDING COVER): 4 ORIGINAL TO FOLLOW: () Yes (x) No OUR FILE NUMBER: 2762-4 GIVENS PURSLEY From: CHRISTOPHER J. BEESON GIVENS PURSLEY & HUNTLEY LLP Suite 200, Park Place 277 North Sixth Street Post Office Box 2720 Boise, Idaho 83701-2720 Telephone: (208) 388-1200 Fax: (208) 388-1201 MATTER: Cherry Plaza Associates, LLC - Cherry Plaza Shopping Center ' SEND TO FAX PHONE: 208-887-4813 g i TO: g° Shari L. Stiles Planning Director/Zoning Administrator 33 E. Idaho Avenue Meridian, ID 83642 Office: 208-888-4433 r; MESSAGE: Shari— Please see attached. -Chris Beeson s cc: Rick Clark (Fax #345-9228) Bill Haug (Fax #612-339-6686) If transmission is incomplete, call Beth Heuer -Kilian at (289) 389-1231. Z001 I****************.4 *.. CONFIDENTIALITY NOTICE ****************** ;;'THIS FACSIMILE MAY CONTAIN CONFIDENTIAL INFOfMATION THAT IS PROTECTED BY THE ATTORNEY - ,,CLIENT OR WORK PRODUCT PRIVILEGE. IT IS INTENDED ONLY FOR THE USE OF THE INDIVIDUALS) NAMED ABOVE. IF YOU ARE NOT A NAMED RECIPIENT OR AN EMPLOYEE RESPONSIBLE FOR DELIVERING THE FACSIMILE, YOU ARE INSTRUCTED NOT TO DELIVER, DISTRIBUTE OR COPY THIS FACSIMILE, NOR SHOULD YOU DISCLOSE ITS CONTENTS OR TAKE ANY ACTION IN RELIANCE ON THE INFORMATION IT CONTAINS. IF YOU HAVE RECEIVED THIS FACSIMILE IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE TO ARRANGE FOR THE RETURN OF ,THE TRANSMITTED DOCUMENTS TO US. THANK YOU. [2762\4\CJBFAX\S'T'ILSS.F01] APR 22 '96 14:24 208 343 9492 PAGE.01 04/22/96 MON 14:23 FAX 208 343 9492 GIVENS PURSLEY Z002 GARY G. ALLEN JOSEPH H. BAIRD CHRIBTOPH ER J. aEESON MICHAEL C. CREAMER ROY L. EIOUREN JCFFP" C. FQRCOAY JULIO KLCIN FISCHER RAYMOND O. GIVENS L. W. GRANT 111 J. DART GREEN ROBERT C• HUNTLGYI JR. KARLT. KLEIN DAVID R. LOMBARDI KIMBERLY DAWN MALONEY KENNETH R. MCCLURE CHRISTOPHER H. MEYER via Facsimile LAW OFFICES GIVENS PURSL.EY & HUNTL.EY, LLP A LIMITCD LIADILM PAIR"CRBNIP 277 NO. 6TH STREET • SUITE 200 P.O. BOX 2720 • BOISE. 10AHO 83701 (206) 388-1200 FACSIMILE(208)388-1201 April 22, 1996 Ms. Shari L. Stiles Planning Director/Zoning Administrator CITY OF MERIDIAN CITY 33 E. Idaho Avenue Meridian, ID 83642 L. EDWARD MILLCR PATRICKJ. MILLCR JUDSON B. MONTGOMERY TERRY L. MYER4 RAMONA S. NEAL STEVEN L. OLSEN W. HUGH O'RIOROAN ROBERT L. PHILLIFT. KENNETH L. PURSLCY GAL -CORY J. VIETZ CONLEY WARD STEVEN R. WEEKS STEPHANIE C. WtST9RMeI6R JAMe6 A. MCGLURE Juo1TH K. HOLCoMBE OF COUNSEL Matter: Cherry Plaza Associates, LLC - Cherry Plaza Shopping Center Our file: 2762-4 Dear Shari: I am enclosing a draft of a letter for your consideration to provide to our Lender. I agree with your view that from a legal standpoint Section 2-405(B)(2) would not be used to restrict the continued operation of Cherry Plaza Shopping Center in its current configuration or in its reconstruction in the event of a casualty where the use to which it is being put is a permitted use in the district. I regret having to trouble you with this task; however, it is important to Albertson's, Cherry Plaza Associates and our Lender that we be assured that, notwithstanding our purchase of the property, we will have the right to continue to use and occupy the property as it has been used in the past. Sincerely, opher CJB:ehk Enclosure cc: Rick Clark, Paragon [via Fax] Bill Haug, Moss & Barnett [via Fax] 2762141CJ9LTR%STILESL02 APR 22 '96 14:24 208 343 9492 PAGE.02 04/22/96 MON 14:24 FAX 208 343 9492 GIVENS PURSLEY J [CITY OF MERIDIAN CITY LETTERHEAD] April 22, 1996 Via Facsimile to (816) 435-2326 Joyce A. Hendricks Midland Loan Services, L.P. 210 West 10th Street, 6th Floor Kansas City, MO 64105 Matter: Cherry Plaza Shopping Center Status Under Meridian City Zoning Ordinance Dear Ms. Hendricks: The purpose of this letter is to clarify the position of the Planning Department on the Cherry Plaza Shopping Center's compliance with the City of Meridian's Zoning and Development Ordinance. Cherry Plaza was constructed prior to the adoption of the current City of Meridian Zoning and Development Ordinance on April 2, 1984 ("Ordinance"). It is our understanding that Heartland Meridian Commercial Partners has held title to Cherry Plaza since 1981. Cherry Plaza is contained within a Community Business District (C -C) which permits shopping centers as an allowed use. The Cherry Plaza Shopping Center is a neighborhood shopping center which is an allowed use in its district, but may not meet the current parking ratio and landscaping -conditions of a new development. If it was determined that Cherry Plaza is not in compliance with the Ordinance's current parking and landscaping requirements, it would be classified as a non -conforming use under the Ordinance (Non -Conforming Use being defined as "The use of land or a use of a structure or building which is not in conformance with the conditions or requirements of this Ordinance" emphasis added). The Ordinance does not require owners of buildings, structures, lands or uses which are non -conforming uses to coxae into compliance with the Ordinance as long as the owner was the original owner at the time the Ordinance was APR 22 '96 14:24 208 343 9492 PAGE.03 C) 003 04/22/96 MON 14:24 FAX 208 343 9492 GIVENS PURSLEY 10 004 Joyce A. Hendricks April 22, 1996 Page 2 adopted. In other wordsthey are treated as valid non -conforming uses. However, Section 2-405(B)(2) of the Ordinance states: "Buildings, lands, uses or structures which are non -conforming uses lose their status as non -conforming uses when ownership, or legal or equitable interest, is conveyed, transferred, or deeded, such that the owner of the non- conforming use at the time that the non -conforming status was initially determined to be a valid non -conforming use. no longer resides in or on the land or structure. This section means that grandfather rights' may not be transferred." We do not believe Section 2-405(B)(2) applies to a situation such as Cherry Plaza where the use is a permitted use under its district but where it merely fails to comply with ancillary conditions of use (i.e., parking and landscaping). Accordingly, a purchaser of a building, structure or lands which, prior to the purchase thereof, is a valid non -conforming use under the Ordinance, will not be required to bring such ancillary conditions into compliance with the Ordinance upon the consummation of the purchase if the use is currently permitted under its district. In addition, Section 2-406(e)(5) states that "Where non -conforming use applies to a structure and land in combination, removal or destruction of the structure shall not eliminate the non -conforming status of the land." Section 2- 406(F) also allows the alternation, repair and maintenance of such structures. We believe these Sections are applicable to Cherry Plaza. This is not to say that Cherry Plaza, including any building, structure or use, can be expanded in size or its use changed without complying with the current conditions and requirements of the Ordinance. Due to the above interpretation and the City of Meridian's recent approval of the lot split of Cherry Plaza for Albertson's and Cherry Plaza Associates, we do not anticipate any enforcement actions against Cherry Plaza for non-conformance with the Ordinance. Sincerely, Shari L. Stiles 27GZA0JBLTR"ER1D1AN.LTR APR 22 '96 208 343 9492 PAGE.04 4-08-1996 Ta:55AM FROM PARAGON INVESTMENTS 1 208 345 9228 P. I L/ Tele hone: (208) 345-9000 Fax: (208) 345-9228 Date:,_ Co.: - Re: 71 time: Project: ez_ Fax #: Total pages, including this page -1 1 r As per,our telephone conversation 4 'in accordance with your request Will call you to review For your information Mease rcvi6v and call Please sign' ❑ For your approval El Original sent via mail 405 S. 8th Scrcct, Suitc 395, P.O. Box 1277, Boisc, Idaho 83701.1277, (208)345-9000/Fax 545-9228 620 Sun Valley Road, Suite 213, P.O. Box 5102, Ketchum, Idaho 83340, (209)726-1918/Fax 726-1990 APR 08 '96 1159 1 208 345 9228 PAGE.01 4-08-1996 10:56AM FROM PARAGON INVESTMENTS 1 208 345 9228 P.2 *.. a w .. .. J 0 4 r1 V i-4 L 1 y PI 14 Nr Y P_ 0 2 a . (LETTERHEAD OF NIMCUMLlTY) Closing Department Nfidland Loan Services,.L.P. 210 West 10th Street, Sixth Floor Kansas City. MO 64105 Re: (here insert address] (the "Project") located in ere insert applicable city. 4 (the "Jurisdiction") Gentlemen: In response to your request concerning the Project's compliance with applicable codes, regulations and ordinances, please be advised as follows: l� naJ, 134'4j.Yrs nseli'1S ech,- (i) the jhere irt applicablc overnm as uutord�nhoritYl is responsible for (a) enforcement of building codes ar:ces related to commercial development in the Jurisdiction and (b) responsible for the i; nuance of certificates of occupancy in the Jurisdiction; (ii) certificates of occupancy have been issued and are in effect for all buildings and other units at the Project and we are not aware of any circumstances which would render the certificates of occupancy invalid or cause them to be revoked; C -G (ii) the Project more particularly described in ' it " " atzached her is under the laws or ordinances of (here insert a1mli ab)c gof e al &�h�� which zotwag is proper for the jure insert brief descri of Proiectj and related amenities comprising the Project, and accordingly the Project is a conforming use. " (v) as a condition to the issuance of the certificates of occupancy in the Jurisdiction, a project must comply with all applicable codes and ordinances including, but not limited to, building codes, subdivision and setback requirements, any regulations pertaining to an entry sign board, fire department codes and regulations, applicable zoning laws, landscaping and parking requirements, obtaining appropriate curb cut penmits and provisions for applicable sanitary sewer, water, storm drainage and other utilities. The issuance of the certificates of occupancy for the Projcct is evidence that the conditions set forth have been satisfied at the Project. Sincerely, APR 08 '96 11:59 1 208 345 9228 PAGE.02 4-08-1996 10.56AM FROM PARAGON INVESTMENTS 1 208 345 9228 APR— 4-196 rHu 12:19 MAM I P 91 • ` z EXHIRTC "A" LATTACH LEGAL DESCRIPTI�N1 Post4r Fax Note 7671 DM "oar To • hNOOD c fi°T+� talA. CdAw, "t6 S. 60 ', a 6 P. 3 APR 08 '96 11:59 1 208 345 9228 PAGE.03 4-08-1996 10:56AM FROM PARAGON INVESTMENTS 1 208 345 9228 iit+K- .4--`J6 1 HU 12!20 MAH I t, fiUUrr `B" [A'ITACIi ZONING QRDINANCES RESO t.JT PM AND A>Fr.TInNc� If APR 08 '96 12.00 1 208 345 9228 PAGE.04 March 5, 1996 Ms. Shari L. Stiles Planning Director/ Zoning Administrator City of Meridian 33 E. Idaho Ave Meridian, ID 83642 Re: Lot Split - Cherry Plaza Dear Shari: NE ■ ■ Quadrant Consulting, Inc. Today, Lou Fausett, Ada County Assessor Mapping Technician, and I met, regarding my note sent yesterday on the feasibility of a lot split in Cherry Plaza. Mr. Fausett's response was that the scenario described in the letter, could be accepted, if submitted, by Ada County with the following provisions: A. A written deed must be recorded with the Ada County Recorder and B. The attached "Form for Split of Property" must be completed. Once these two steps are taken, and providing the lot closes mathematically, a parcel so described meets the County's requirements. I came away from the meeting with Lou with the impression a lot split similar to that which we are requesting from the City of Meridian is quite common within Ada County. Lou mentioned that of the 1,411 deeds processed by Ada County in January, 1996, 91 were either similar splits or combinations. (Combinations are processed in the same manner and no distinction in totaling is made between splits and combinations.) For the calender year 1995, the figures were 17,180 total deeds and 453 splits or combinations. I told Lou you would receive this information in a note and assured him that if you had any questions whatsoever, you would likely give him a call at 364-2372. He indicated he would be happy to talk with you at your convenience. In conclusion, splitting lots by written description is quite common_and readily accepted in Ada County. Sincerely, QUADRANT CONSULTING, INC. Stephen H. Sweet, PE Principal enc cc: Lou Fausett, Ada County Assessors Office 405 S. 81h Street, Ste, 295 9 Boise, ID 83702 • Phone (208) 342-0091 . Fax (208) 342-0092 • Internet; quadrant@micron, net Civil Engineering • Surveying 9 Construction Management F3RM FOR SPLIT OF PROPERTY a ... ;PLXT PAROL INF -0 SALANC PARCE"~ INFO TYPE: 0,_:: UMENT TYP SOC' E ARES'. AC. AGE CC-:) E AR cA NAME AOL�FEEE• CITY d'ATE ZIP LEGAL 0 E 1 ATE . t=AMI AnOPE= E C_'*Y �_ STATE ZIP .� . A 7 i ;nrbpi+itsG SIONATURE 04/22/96 MON 14:23 FAX 208 343 9492 i , FAX COVER SHEET DATE: Monday, April 22, 1996 TIME: 2:19 pm (Mountain Time) PAGES (INCLUDING COVER): 4 ORIGINAL TO FOLLOW: ( )Yes (x) No OUR FILE NUMBER: 2762-4 GIVENS PURSLEY From: CHRISTOPHER J. BEESON GIVENS PURSLEY & HUNTLEY LLP Suite 200, Park Place 277 North Sixth Street Post Office Box 2720 Boise, Idaho. 83701-2720 Telephone: (208) 388-1200 Fax: (208) 388-1201 MATTER: Cherry Plaza Associates, LLC - Cherry Plaza Shopping Center SEND TO FAX PHONE: 208'8874813 TO: Shari L. Stiles Planning Director/Zoning Administrator 33 E. Idaho Avenue Meridian, ID 83642 Office: 208-888-4433 MESSAGE: Shari— Please see attached. -Chris Beeson cc: Rick Clark (Fax #3454228) Bill Haug, (Fax #612-339-6686) E 11001 If transmission is incomplete, call Beth Hauer -Kilian at (208) 388-1231. , „ , ... * * ,, . * . *,... ► . CONFIDENTIALITY NOTICE . ... .. . #-. ,* * * ► THIS FACSIMILE MAY CONTAIN CONFIDENTIAL INFORMATION THAT IS PROTECTED BY THE ATTORNEY- CLIENT OR WORK PRODUCT PRIVILEGE. IT IS INTENDED ONLY FOR THE USE OF THE I14DIVIDUAL(S) NAMED ABOVE. IF YOU ARE NOT NAMED RECIPIENT OR AN EMPLOYEE RESPONSIBLE FOR DELIVERING THE FACSIMILE, YOU ARE INSTRUCTED NOT TO DELIVER, DISTRIBUTE OR COPY THIS FACSIMILE, NOR SHOULD YOU DISCLOSE ITS CONTENTS OR TAKE ANY ACTION IN RELIANCE ON THE INFORMATION IT CONTAINS. 'IF YOU HAVE RECEIVED THIS FACSIMILE IN ERROR, PLEASE NOTIFY US nomDIATELY BY TELEPHONE TO ARRANGE FOR THE RETURN OF THE TRANSMITTED DOCUMENTS TO US. THANK YOU. (2762\4\CJBFAX%ST1,ES.F01) APR 22 '96 14:24 208 343 9492 PAGE.01 04/22/96 MON 14:29 FAX 208 343 9492 GIVENS PURSLEY v:ia'Facsimile IM 002 L. EOWARO MILLCR PATRICK J. MILLCR JUDSON B. MONYCOMERY TCRRY L. MYERS RAMONA S. NEAL STEVEN L. OLSEN W. HuaH OIRIOROAH ROBERT L. PHIL6IPS KENNETH L. PURSLCY amccORY J. VIETz CONLEY WARD STEVEN R. W66K6 STEPHANIE C. WXSTrRMCI19R JAMCS A. MCCLUIIC JuciTH K. 14OLCOMe2 OF COUNSEL Ms.. Shari L. Stiles Planning Director/Zoning Administrator CITY OF MERIDIAN CITY 33 E. Idaho Avenue Meridian, ID 83642 Matter: Cheizy Plaza• Associates, LLC - Cherry Plaza Shopping Center Our file: 2762-4 Dear Shari: I am enclosing a draft of a letter for your consideration to provide to our Lender. I agree with your view that from a legal standpoint Section 2-405(B)(2) would not be used to restrict the continued operation of Cherry Plaza Shopping Center in its current configuration or in its reconstruction in the event of a casualty where the use to which it is being put is a permitted use in the district. I regret having to trouble you with this task; however, it is important to Albertson's, Cherry Plaza Associates and our Lender that we be assured that, notwithstanding our purchase of the property, we will have -the right to continue to use and occupy the property as it has been used in the past. Sincerely, opher;__ Be CJB:ehk Enclosure cc: Rick Clark, Paragon [via Fax] Bill Haug, Moss & Barnett [via Fax] 2762\4\CJ9LTRISTILESL02 APR 22 '96 14:24 208 343-9492 PAGE.02 LAW OFFICES GIVENS PURSLEY & HUNTLEY, LLP GARY G. ALLEN JOSEPH H. BAIRD A LINIYCO L/MILR4 PARYRCRIIHIP . CHRISTOPHER J. BEESON MICHAEL C. CREAMER 277 NO. 8TH STREET • SUITE 200 ROY L. RIGUREN P.O. BOX 2720 • BOISE. IDAHO 83701 JCFFPcY C. Frprc&v JULIe KLCIN FISCACR (208) 388-1200 RAYMOND D. GIVCNS L. W. GRANT 111 FACSIMILE (208) 388-1201 J. BART GREEN ROBERT C. MUNTLGY, JR. KARL T. KLEIN DAVID R. LOMBARDI KIMBERLY DAWN MALONEY KENNETH E CHRISTOPHM H- MSER M. M6YER c, t� 22 April , 1996 v:ia'Facsimile IM 002 L. EOWARO MILLCR PATRICK J. MILLCR JUDSON B. MONYCOMERY TCRRY L. MYERS RAMONA S. NEAL STEVEN L. OLSEN W. HuaH OIRIOROAH ROBERT L. PHIL6IPS KENNETH L. PURSLCY amccORY J. VIETz CONLEY WARD STEVEN R. W66K6 STEPHANIE C. WXSTrRMCI19R JAMCS A. MCCLUIIC JuciTH K. 14OLCOMe2 OF COUNSEL Ms.. Shari L. Stiles Planning Director/Zoning Administrator CITY OF MERIDIAN CITY 33 E. Idaho Avenue Meridian, ID 83642 Matter: Cheizy Plaza• Associates, LLC - Cherry Plaza Shopping Center Our file: 2762-4 Dear Shari: I am enclosing a draft of a letter for your consideration to provide to our Lender. I agree with your view that from a legal standpoint Section 2-405(B)(2) would not be used to restrict the continued operation of Cherry Plaza Shopping Center in its current configuration or in its reconstruction in the event of a casualty where the use to which it is being put is a permitted use in the district. I regret having to trouble you with this task; however, it is important to Albertson's, Cherry Plaza Associates and our Lender that we be assured that, notwithstanding our purchase of the property, we will have -the right to continue to use and occupy the property as it has been used in the past. Sincerely, opher;__ Be CJB:ehk Enclosure cc: Rick Clark, Paragon [via Fax] Bill Haug, Moss & Barnett [via Fax] 2762\4\CJ9LTRISTILESL02 APR 22 '96 14:24 208 343-9492 PAGE.02 04/22/96 MON 14:24 FAX 208 343 9492 GIVENS PURSLEY [CITY OF MERIDIAN CITY LETTERHEAD] April 22, 1996 Via Facsimile to (816)'435-2326 Joyce A. Hendricks Midland Loan Services, L.P. 210 West 10th Street, 6th Floor Kansas City, MO 64105 Matter: Cherry Plaza Shopping Center Status Under Meridian City Zoning Ordinance Dear Ms. Hendricks: The purpose of this letter is to clarify the position of the Planning Department on the Cherry Plaza Shopping Center's compliance with the City of Meridian's Zoning and Development Ordinance. Cherry Plaza was constructed prior to the adoption of the current City of Meridian Zoning and Development Ordinance on April 2, 1984 ("Ordinance"). It is our understanding that Heartland Meridian Commercial Partners has held title to Cherry Plaza. since 1981. Cherry Plaza is contained within a Community Business District (C -C) which permits shopping centers as an allowed use. The Cherry Plaza Shopping Center is a neighborhood shopping center which is an allowed'use in its district, but may not meet the current parking ratio and landscaping conditions of a new development. If it was ✓determined that Cherry Plaza is not in compliance with the Ordinance's current parking and landscaping requirements, it would be classified as a non -conforming use under the Ordinance (Non -Conforming Use being defined as "The use of land or a use of'a structure or building which is not in conformance with the conditions or requirements of this Ordinance" emphasis added). The Ordinance does not require owners of buildings, structures, lands or uses which are non -conforming uses to coxae into compliance with the Ordinance as long as the owner was the original owner at the time the Ordinance was APR 22 '96 14:24 208 343 9492 PAGE.03 10003 ,P-. .... 04/22/96 MON 14:24 FAX 208 343 9492 GIVENS PURSLEY 0 004 Joyce A. Hendricks April 22, 1996 Page 2 adopted. In other words they are treated as valid non -conforming uses. However, Section 2-405(B)(2) of the -Ordinance states: "Buildings, lands, uses or structures which are non -conforming uses lose their status as non -conforming uses when ownership, or legal or equitable interest, is conveyed, transferred, or deeded, such that the owner of the non- conforming use at the time that the non -conforming status was initially determined to be a valid non -conforming use no longer resides in or on the land or structure. This section means that grandfather rights' may not be transferred? We do not'believe Section 2-405(B)(2) applies to a situation such as Cherry Plaza where the use is a permitted use under its district but where it merely fails to comply with ancillary conditions of use (i.e., parking and landscaping). Accordingly, a purchaser of a building, structure or lands which, prior to the purchase thereof, is a valid non -conforming use under the Ordinance, will not be required to bring such ancillary. conditions into compliance with the Ordinance upon the consummation of the purchase if the use is currently permitted under its district. In addition, Section 2-406(e)(5) states that "Where non -conforming use applies to a structure and land in combination, removal or destruction of the structure shall not eliminate the non -conforming status of the land." Section 2- 406(F) also allows the alternation, repair and maintenance of such structures. We believe these Sections are applicable to Cherry Plaza. This is not to say that Cherry Plaza, including any building, structure or use, can be expanded in size or. its use changed without complying with the current conditions and requirements of the. Ordinance. Due to the above interpretation and the City of Meridian's recent approval of the lot split of Cherry Plaza for Albertson's and Cherry Plaza Associates, we do not anticipate any enforcement actions against Cherry Plaza for non-conformance with the Ordinance. Sincerely, Shari L. Stiles 2?6Z4 SLTRAMER101AN.LTR APR 22 '96 14:24 208 343 9492 PAGE.04 MERIDIAN CITY COUNCIL MEETING MARCH 5 1996 APPLICANT: ITEM NUMBER; 8 REQUEST; RE=SUBDIVISION OF CHERRY PLAZA PRESENTATION - STEVE SWEET AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: - - - MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT:' ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN'GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian INDEX SUBDIVISION AND DEVELOPMENT ORDINANCE - 9-601 Title, Authority, Jurisdiction and 'Enactment 9-602 Intent and Purpose 9-603 Rules and definitions 9-604 Procedure for Subdivision Approval 9-605 Design Standards `9-606 Improvement Standards 9-607 Planned Development 9-608 Mobile. Homes by Reference 9-609 Cemetery Subdivision 9-610 Floodplain Subdivision 9-611 Vacations and Dedications 9-612 Variances 9-613 Detection of Violation, Enforcement and Penalties 9-614 Amendment Procedure 9-615, Subdivision Fees 9-616 Development Time Requirements 9-617 Appendix 6 CHERRY PLAZA ASSOCIATES EXCERPTS FROM THE MERIDIAN SUBDIVISION & ZONING ORDINANCES PAGE 1 OF 7 17. To provide` protection against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort, and the general welfare; T 18. To insure that buildings and land within the City are adequately maintained to prevent physical deterioration and tax base erosion; 19. To specify the administration of the regulations of the Ordinance by defining the powers and duties of approval authorities; and 20. To secure equity among individuals in the utilization of .property. 9-603 RULES AND DEFINITIONS 9-603 A RULES For the purpose of this .Ordinance, certain terms or words used herein shall be interpreted as follows: 1. The word "person" includes a firm, association, Iorganization, partnership, trust, company -or corporation, -as well as an R individual; -2. The present tense includes the future dense, the singular number includes the plural, and the plural number includes the singular; 3. The word "shall" is a mandatory requirement,. the word "may" is a permissive requirement, and the word "should" is a preferred requirement; 4. The words "used" or "occupied" include the words "intended, designed or arranged to be used or occupied"; 5. The word"lot" includes the words "plot", "parcel", and "tract"; and 6. The masculine shall include the feminine. 9-603 .B DEFINITIONS See Section 2-403 B of the Zoning Ordinance. 9-604 PROCEDURE FOR SUBDIVISION APPROVAL 9-604 A SUBDIVISION APPROVAL REQUIRED Any person desiring to create a subdivision as herein defined shall submit all necessary applications to the Administrator. No final plat shall be filed with the County Recorder or improvements made on -4- CHERRY PLAZA ASSOCIATES EXCERPTS FROM THE MERIDIAN SUBDIVISION & ZONING ORDINANCES PAGE 2 OF 7 the property until the plat has been acted upon by the Commission and approved by the Council and all costs and fees have been paid. No lots shall be sold, transferred, or constructed upon i until the plat has, been recorded in the Office of the County Recorder and a certified copy thereof has been returned to the Administrator,. (Ord. 430, 4-2-84) p��w►�'c-tois Notwithstanding the definition of subdivision contained in AT'iA G N E 11-2-403B, where an applicant desires to subdivide an existing lot which is located in an existing subdivision which has been previously recorded and the required improvements made thereon, he may do so without going through the entire platting procedure required by this Ordinance. He shall however submit an Application for Re -subdivision showing the existing lot and how the lot is proposed to be re -subdivided. The City shall then determine what requirements of this Ordinance shall be complied with by the applicant. The City may require full compliance if deemed necessary. The provisions of this paragraph pertaining to the reduction in platting requirements of certain parcels may apply to `previously unplatted and unsubdivided ground upon application to the City Council. (Ord. 456, 9-3-85.) 9-604 B PRE -APPLICATION MEETING The developer shall meet with the Administrator prior to the submission of the Preliminary Development Plan. The purpose of w this meeting is to discuss early and informally the purpose and effect of this Ordinance and the criteria and standards contained herein, and to familiarize the developer with the Comprehensive Plan, Zoning 'Ordinance, Subdivision Ordinance and such other" plans and ordinances as deemed appropriate. The developer may also meet with the commission or Council prior to submitting an application. 9-604 C PRELIMINARY PLAT I. Application: The applicant shall file with the Administrator a complete subdivision application form and preliminary plat data as required in this ordinance, not less than thirty (30) days prior to the Commission's public hearing. The Commission will not schedule any hearing or workshops or put the application on the agenda unless the above conditions have been met. 2. Public Hearing to be Held Prior to Subdivision Plat Approval: A public hearing shall e held at the time of presentation of the preliminary plat by the developer to the Commission for the purpose of allowing public input on the proposed subdivision. 3. Combining Preliminary and Final Plats: The applicant may request that the subdivision application be processed as 193 -5- CHERRY PLAZA ASSOCIATES EXCERPTS FROM THE MERIDIAN SUBDIVISION & ZONING ORDINANCES PAGE 3 OF 7 r CHERRY PLAZA ASSOCIATES EXCERPTS FROM THE MERIDIAN SUBDIVISION & ZONING ORDINANCES PAGE 4 OF 7 INDEX ZONING ORDINANCE 2-401 Title, Authority, Jurisdiction & Enactment t 2-402 _ Intent and Purpose 2-403 Rules and Definitions 2-404 Administration 2-405 General Ordinance Provisions 2-406 Non -Conforming Buildings, Structures & Uses 2-407 Zoning District Map and Districts 2-408 Establishment, and Purpose of Zoning Districts 2-409 Zoning Schedule of Use Control 2-410 Zoning Schedule of Bulk & Coverage Controls 2-411 Residential Housing Standards E 2-412 Floodplain Overlay District 2-413 Performance Standards for District Use 9: 2-414 Off -Street Parking & Loading Facilities 2-415 Signs 2-416 Zoning Amendment Procedures 2-417 Annexation and Zoning Upon Annexation 2-418 Conditional Use, 2-419 Variances 2-420 Certificate of Zoning Compliance 2-421 Certificate of.Occupancy 2-422 Schedule of Fees, Charges and Expenses 2-423 Penalty Provisions and Enforcement 2-424 Appendix 2-425 Official Zoning Maps r CHERRY PLAZA ASSOCIATES EXCERPTS FROM THE MERIDIAN SUBDIVISION & ZONING ORDINANCES PAGE 4 OF 7 17. To insure that buildings and land within ,the City are adequately maintained to prevent physical deterioration and tax base erosion. 18. To specify the administration of the regulations of this Ordinance by defining the powers and duties of approval authorities. (Ord. 557, 10-1-91) 2-403 A RULES For the purpose of this Ordinance, certain terms or words used herein shall be interpreted as follows: 1. The word "person" . includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual; 2. The -present tense includes the future tense, the singular number includes the plural and the plural number includes the singular; 3. The word "shall" is a mandatory requirement, the word "may" is a permissive requirement, and the word "should" is a preferred requirement; 4. The words "used" or "occupied" include the words "intended, designed or arranged to be used or -occupied"; 5. The word "lot" includes the words "plot", "parcel" and "tract"; and 6. The masculine shall include the feminine. 2-403 B DEFINITIONS Accessory Use or Structure - A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. An accessory .use or structure does not alter the essential characteristics of the principal permitted use and does not include a building which is defined herein as a dwelling unit. Administrator - A designated member of the City staff who is appointed by the Mayor, and confirmed by the Council, to administer this Ordinance. Aesthetic - Those qualities of a development or natural feature which contribute to a pleasant environment. Agriculture - The use of land for farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce, provided, however, that: 193 CHERRY PLAZA ASSOCIATES EXCERPTS FROM THE MERIDIAN SUBDIVISION & ZONING ORDINANCES PAGE 5 OF 7 *The functional. street' classification definitions are summarized' descriptions of 'the functional street guidelines that are used by the Federal Highway Administration. . St. !et, Half - A. portion of the width of a street, usually along the edge of a subdivision or development, where the remaining portion of the street could be provided in another subdivision or development. Street Line - A line separating an abutting lot, or parcel, from a street. Street, Proposed - The undedicated portion of a street alignment, or proposed widening of .an existing street as proposed on the Ada County Major Thoroughfares Plan, or any State or Federal Highway, the alignment of which is officially approved. Strip Commercial and Industrial - A development pattern characterized by lots in a continuous manner fronting on streets and resulting in numerous access points to the street. Strip Zoning - Zoning usually found along a major roadway which is developed simply as a pattern following the outline of the road and without foundation in the comprehensive study or in fact. Structure - Anything constructed or erected in which the use requires permanent location of the ground or attachment to something having a permanent location on the ground. Among other things, structures include buildings, mobile homes, walls and billboards. Fences shall be deemed a structure. Public utility power poles shall not be deemed a structure. Structural Alteration - Any change in the structural members of a. building such as walls, columns, beams or girders. Subdivider or Developer - The person who executes an application or initiates proceedings for the subdivision of land in accordance with the provisions of this Ordinance.' He -need not be the owner of the property; however, he shall be an agent of the owner or have suffi- cient proprietary rights in the property to represent the owner and his acts, and representations shall be binding upon the owner. Subdivision - The result of an act of dividing an. original lot, tract or parcel o lan into two or more parts. The term "subdivi- sion" shall also include the dedication of a public street and the addition to, or creation of, a cemetery. However, this ordinance shall not apply to any of the following: 1. An allocation of .land in the settlement of an estate of a decedent or a court decree for the distribution of property; 2. The unwilling sale of land as`a result of legal condemnation as defined and allowed in the Idaho Code; -24- CHERRY PLAZA ASSOCIATES EXCERPTS FROM THE MERIDIAN SUBDIVISION & ZONING ORDINANCES PAGE 6OF7 3.. The widening of existing streets to, conform to the Meridian Comprehensive Plan; 4. The acquisition, of street rights-of-way by a public agency in conformance with the Meridian. Comprehensive Plan; and 5. The exchange of land' for the purpose of straightening property boundaries which does not result in the change of the present land usage. Supply Yards - A commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods. Surveyor - A person qualified by reason of his knowledge_ of the principles of surveying acquired by education and experience, and who is authorized by the laws of .the State of Idaho to practice land surveying. Idaho Code, 54-1202(h). Townhouse or Row House - A row of two (2) or more attached single- family dwellings. Each dwelling is built with similar architectural treatment, is separated by vertical divisions by party or lot line walls, and each has private entrances (usually front and rear). Trailer, Recreational Vehicle and Motor Home - Any vehicle or struc- ture constructed in such a manner as to permit occupancy thereof as living quarters or the conduct of any business, trade, occupation, or use as a selling or advertising device or use for storage or conveyance - for tools, equipment or machinery and so designed that it is or'may be mounted on wheels and used as a conveyance on highways and streets and propelled or drawn by its own or other motor power_ Transitional Use - A use of land designed to serve as a buffer between conflicting land .uses such as single-family residential uses and commercial or industrial uses or between residential uses and heavily traveled traffic arterials. Uses designated as transitional uses in each particular district are deemed to be "those which are more or less compatible to the conflicting uses. Trip Generation - An element of a traffic volume survey which indi- cates the number of automobile, bus, pedestrian or bicycle trips produced or generated in a specific area or by a specific use. As an example, an office building generates "x" number of trips to work by its employees and "x" number of trips home from work. Truck Stop - A service station or commercial enterprise using the premises primarily to sell and supply motor fuel, lubricating oils and greases to on -premise trade including large trucks as well as automobiles and including the sale of tires, batteries, automotive i accessories, related services, major and minor motor vehicle repairs as well as special services to operators and drivers of trucks operating on an interstate basis. 1191 -25- CHERRY PLAZA ASSOCIATES EXCERPTS FROM THE MERIDIAN SUBDIVISION & ZONING ORDINANCES PAGE 7 OF 7 MRR-04-1996 15:30 a March 4, 1996 Mr. Louis R. Fausett Ada County Assessor's Office 650 Main Street Boise, ID 83701 Re: Lot Split Dear Lou: QURDRRNT CONSULTIN59 INC. 208 3420092 P.01 ■■i ■■ Quadrant Consulting. Inc. Quadrant Consulting is working with the city of Meridian on a division of the parcel of ground shown on the attached sketch (Figure 1). The overall description of the parcel today is attached as Attachment 1. The Attachment l parcel has been of record since 1972 (Instrument 814927), although in the intervening years there have been a few right-of-way takes for Fairview Avenue and Meridian Road.' The parcel which is desired to be created is described in Attachment 2. The question posed to this office ,-� by the City of Meridian is as follows: Could Parcel 1 (Attachment 2) be recorded and considered a legal parcel in Ada County? A simple yes or no would be fine. Also, we plan on going to Meridian City Council on Tues, March 5. If we could have a response -by close of business on Tuesday, we would be genuinely appreciative. Sincerely, QUADRANT CONSULTING, INC. Ste en IT Sweet, PE . . Principal cc: Ms. Shari Stiles, City of Meridian _8pt��p�i,@95n��DK��l1QJrg�02wauPhone (208) 342-0091 • fox (208) 342-GO92 • Internet: quodront®micron.net Civil Engineering . Surveying . Construction Monogement MAR 04 '96 15:28 208 342 0092 PAGE.01 MAR -04-1996' 15"-31 OURDRRNT CONSULTINGt INC. 2208 342 0092 P.02 FIGURE 1-rF,P� T ". v , S 'e5 �: ` (os�) yes :t' �.5 � � ' ( �� I + ., 'J/�j�'017.• � . �� .<�• �'' - ,' '� ,. ' ti 1s A +s n A xz' _ ..s srh +.^- r., �? �'- _ fib. I ?os�' /�.l.0. "1 fi .. • (st a�s> y� E>o a ,d! ri. ;r '•. afF s .o . ;o 41A V - t'�\. \� � per,. •P y O � � , • 4 - ,.•• . 1 �• �' n ?P iii Q t n tn' Av 13- jirl cr ol 'h F ; tri o �� ' i '••'' �; `.':. t Rnh l _ '�� f ^ err tiaa - . �! "^..°• > M�• �1. .,.•fk�'� rj VA y NO '` t t "� . '~. / 'tit : :5 t • _y. Co huh M ~ A` SITE •�- \ .' `tee di'•'J• � 1 � .� ^ � •• — _ � � ^Y_-•y't ��jtrr!•'•1 -,pp a r 9 '�i !k �- �v � 1� •rte .J v o �► '-' :: 0";1:�' �~4 ••i ,. J _ - ;� _ •<'• '' Oy_ /J` ;.may •'�'t"7L yr . r• C f res y� 1e s A,vr.ic,rfiwoo MAR 04 '96 15:29 208 342 0092 PAGE.02 MAR -04-1996 15:32 QUADRANT CONSULTING, INC. 208 342 0092 P.03 •erre . _ , -.. ..._..... ... -= �%l0103�� fir4 TI!V PARTIES hereto are J husband and wifC (herein and ER�`;A JEANz,1TICA, hu 27.� �..........-...—.-..erre..---.._� ANTY DEED C. STC1L5 and EMILY S. STONE, IC -2 grantor) and PAUL 2ATICr'X d and wife (hereir. called granteO. :OR VALUE RCCEivm, the grantor F.ereb_% grants, bargains, cells and conveys unto the Grantee those premises situated in Ada County, d: szr1`-'od as fo�'ox5: A vortion cf; Lot 7, aecti,;n 5, rownShip 3 North, Range 1 East, uc'se Mcridiaa, s!c County, Idaho: r:orc particularly desczibed by r_:mes and boon- s as Follows: Ccmmcncing at the Scut east corner of the $W: of Section 6, i3N, �3.E. B t•I. and rage^.jjng S. 6-3 decrees 01 minute 10 seconds W 1699.50 feet Jforrcrly described as Fest 1699.5 feet) along the Soutt4!rly bounda':y of said Section 6 to the TRUE POINT OF BEGI,�INING. T11.2nce continuing S. 83 degrees 01 r:irstc 10 W- 705.14 Peet (fornierly bou.^.d r coPrrecti o i �.as eto test a •So�94. t1:d_z tgcorner So4th crit' OE ,aid section 6; Thence 1% 0 decrees 16 r.. 'u] as 20 sezon0s w.623.04 feet (formerly described as North 633.22 feat) along the westerly boundary of sai% Seeticn 6 ;o a Point; '&"hence N. 38 degrees 01 ml -L- 10 seconds Z. 105.41 fent (formerly described asEast�695.9+ fee=) a?o:1g a line parallel right angles and Northerl• f=on the tc and $22.76 feet at sa is Southerly boundaryof,•)ection d to z poi. Thence S. 0 degrees 14 -tir.0 (;orrerldescribed as Sout parallel to and 1,646.72 fe :ror.. the Easterly boundary to the point o° aegi-:ting. acres, more or less. s 50 seconds E. 623.05 ;Feet 623.22 feet) alone a lint at rtgh� angles and WesteriY t e sa_e S,&%r of Section 6 aid parcel containing 10.08 TOGETHER with all water rig its, ditert rights, rights of way, improvements, fixtures, tenements, heredittMents and apaurtenancos thereto belonging or used in,connection therewith. suBJECT to the `ollowirg• all `'axes, both: general and special, ler;ed+egainst the prer,,ises by any taxirc Unit for anY purpose '_rcluding bu' rot li.ito:d to bor_ds and special improvements prorate!l for the period o- time. o_ and after April 15, 1972 wi;Ji the grantor to pay before d_linguercy all such taxes z!rorated for tate period of time refore such date; all irrigation charges, bot`: general and special, lerieG acainst the o=enisCp by an -V irrigata.ou or drainage writ far anypu:��osc (irciudii:; but ro: liraiteC to bonds, constr�_ction etarcas, s?ecisl improve a2nts, irrigation and drainage) `_or the lrricJ�,tion season (the irri;atio:t scacon being: the ealcrda= year) o= 1972 with trc arantar to pay b,Eczc cclinquenct all such :rrisati^n eAtasges for the irrigation season o 197:1; the bone' debt of all tzx ny units: a'_1 =o?ayment ; * MRR-04-1996 15:32 i QURDRRNT CONSULTING, INC. 208 342 0092 P.04 S C unto the r,,rantce and the 5raatees successors and assigns k forever and the grantor hereby c,'�venants to and with the i the grantor is the owner in fcc grantee as follows: tl:st ` wimple of the preMises, th.t tae! premisesyath `e descd< r cl.ar of e11 aims zrd ercCm?^raJ. ss exceptthese c�s_�_bec� abovo to which this decd is exp,t'essiy Rade subject; an8 Will c�?.defcnd the premises .rcy that tl:c crantar . i_i a. ---int all la��Eui clairzs whatsoever, .,u=ar terms used herein shall be re all is 'written is the plural when ti=c context so r=:auires Or ?ez­r.ita. onz°o: Ir,ily 21 1972 r'. r ;�"—C. _ tor-nrnrartor. ..n y s. ,Saone, grantor. i state of Orc=1Fof ?.rn r.:'On ss on this data he=ore me titi._ srcersicacd notary p_ ublic nd for such state, personally a�=noazed 7�1:fbS C. STo:gib atl' a- -life, k"O'--' o ^v to be tt c EMILY S. STOI-£E, hssband Sri �n. .;ithin irstrcre =. persons whose na7es are, sucs_rl__t to the ......and ackroNledge& to rte th.•` rthey execute-" the same. T'IVIESS rtyr hand and seal on 7 i 21. 1972 i• ,�(h v'r'1'%�� /•+7. �°_.`�/��,�..�._ *Z wry Dli.blic. 1lv, co :nissio/" xpires 1�larch 219, 1o,4 � a ,act .' `•_ .`'rues; .(- ��'.'��—�"' '.!o ..: •' •• Q 7Y n JA' G c i i I 4 "t ' � f 3 `I MAR 04 '96 15:30 208 342 0092 PAGE -04 U MRR-04�-1996 15:33 QURDRRNT CONSULTING, INC. ATTACHMENT 2 PARCEL 1 PROPERTY DESCRIPTION r 208 342 0092 P.05 A parcel of land located in a portion of Lot 7, Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County Idaho more particularly described as follows; Commencing at the Southwest comer of said Section 6 ; thence North 0°16'20" West 623.04 feet along the Westerly Boundary of said Section 6 to a point; thence North 88°01'10" East 25.00 feet along the Northerly boundary of a parcel of land described in a Warranty Deed on file in Ada County Records as Instrument #82144502 to the POINT OF BEGINNING; thence continuing North 88001110" East 325.36 feet to a point; thence leaving said Northerly boundary South 021102'00" East 522.74 feet to a point; thence South 88°00'45 West 178.17 feet to a point; thence North O1 °59' 15" West 123.28 feet to a point; thence South 88000'45" West 159.58 feet to a point, said point being 25.00 distant from (when measured at right angles) said Westerly boundary of Section 6; thence North �-. 001, 16'20" West 399.67 feet to the POINT OF BEGINNING. EXCEPT a strip of land along the east side of Meridian Road deeded to Ada County Highway District by a Deed recorded on July 22, 1991, as Instrument No. 9139679, records of Ada County, Idaho. This description has been prepared from information and deeds of record and without the benefit of a survey. C:11 TGMP\PROPOSAL\96 ALDS`,A164PLAT\LOTSPLIT.WPD TOTAL P.05 MAR 04 '96 15:30 208 342 0092 PAGE.05 February 20, 1996 Ms. Shari Stiles City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 f' t ■ ■ r, ■■ Quadrant Consulting, Inc. Re: Cherry Plaza Title Dear Shari: As you requested last week, title information relating to the Cherry Plaza property has been researched. The information has been tabulated in the following table, and this correspondence summarizes our findings. Our research indicates that the Cherry Plaza parcel was in existence in 1972 and designated as Ada County Assessors parcel S 1106336300. In 1972, Stone sold this parcel to Zatica. In 1276, Zatica conveyed right-of- way to the ACHD for Cherry Lane. Subsequently, a lease deed in August, 1977, created a new lot for Idaho First National Bank. This new parcel was designated by the Assessor as parcel SI 106336390. In 1982, the Zaticas sold their property to Heartland Meridian Commercial Properties. Heartland conveyed a sliver along the west boundary of the property in 1991, to ACHD, and the large parcel was redesignated as parcel S1106336305. Parcel 51106336305 (the current Heartland parcel) differs from the original S1106336300 parcel (the original Zatica parcel) only through the creation of the Idaho First parcel and the conveyance of the two right-of-way parcels to the ACHD. Both the current Heartland and Idaho First parcels have been recognized and taxed separately by the Assessor since 1977. Since the two parcels were created prior to the April 2, 1984, implementation date of the city of Meridian's zoning ordinance, we desire to continue discussions with you on a lot line adjustment and platting arrangement. We look forward to visiting with you on Wednesday. Sincerely, QUADRANT CONSULTING, INC. Stephen H. Sweet, PE Principal cc: Chris Beeson - Cherry Plaza Associates Tom Thoreson - Albertson's Pete Lounsbury - Quadrant 405 S. 8th Street, Ste, 295 • Boise, ID 83702 • Phone (208) 342-0091 • Fax (208) 342-0092 • Internet; quadrant®micron.net Civil Engineering . Surveying 9 Construction Management Q Sao cl M COD a oo C) oEn o O h 00 Q� o kr) M 00oNo � a1 0-0 act� zcl 00 aE-'U A' � o 73 o toU o o W viiCA 'C kn W u9 � bA c� O cd i -. y, `� -� o �+, � m U ami �? CA U 0 4. ct o ~ O r a U o as cn Z O U U U~ C'n C4 CIS U a) O W o0 N A �N U ~ bAh •s N �,~ Q E �jIlD�33�3a=' THE PARTIES hereto are J,'V4 husband andywife,(herein c and ERqMF, JEAN ZATICA', husb L FOR VALUE RECEIVED, the gr sells and conveys unto the in Ada County, Idaho,,and r tti.! 1ti ") ANTY DEED Il t 1• C. STONE and EMILY S. STONE, t led1grantor)-andIPAUL ZATICA d and-wife-$(herein-balled:grantee). for hereby grants, --bargains, rantee those premises situated scribed as fo'.'.ows: I A portion of: Lot 7, scctiont5, Township 3'North, Range 1 East, Boise Meridian,'Ada County, Idaho. more.particularly described by metes and bounds as follows: Commencing at the -southeast corner of the SW; of Section O1 inute 6, T3N, RlE. B. M. and running 3.699.50 feet S. 88 degrees m formerly described as West 10 seconds W. 1699.5 feet) along the SoutPerly boundary of said Section 6 to the TRUE POINT OF BEGIDNING. i Thence continuing S. 38 degslecs 01 minute 10 seconds W. as West 698.94 feet) along Ij 705.1; feet (formerly described said Southerly boundary of aection 6 to the Southwest corner `I of said Section 6; i Thence N. 0 degrees 16 minutes 20 seconds W.623.04 feet feet) along the Westerly . l I' (formerly described as North 633.22 boundary of said Section 6 to a point; h Thence N. 88 degrees 01 minute 10 seconds E. 705.41 feet along a line.parallel I i (formerly described as East 693.94 feet) angles and Northerlv from"the " I. 4o and 622.76 feet at right boundary of Section 6 to a point; q said Southerly I, Thence S. 0 degrees 14 minutes 50 seconds E. 623 05 feet line (formerly described as South fe 623.22 feet) along a t at righ"- angles and Westerly I' ! ¢ parallel to and 1,698.72 the Easterly boundary from el the said SW% of Section ,,6 n to the pcint of beginning. 'Said parcel containing 3.0.08 , acres, more or less. TOGETHER with all water rights, ditch rights, rights of hereditnr,.ents-and i N way, improvements, fixtures, be longing tenements, or used in connection therewith ,`. appurtenances thereto SUBJECT to the following: all taxes, both general and taxing unit ;I special, levied against the including butt ?remises by any not limited to bonds and for any purpose special improvements prorate3 for the period of time of and after April 15, 1972 witl�l the grantor to pay before the of time delinquency all such taxes prorated irrigation for period charges, both general., . before such date; all and special, levied against the premises by any irrigation limited i or drainage unit for any pur?ose (includi"; but not special improvements, irrigation !I to bonds, construction charges, and drainage) for the irrigation season (the irrigation season being the calendar year) of 1972 with the grantor irrigation charges for y to pay before delinquency all of 19711; such the bonded debt of all r ; the irrigation sensor, all reoavment ;.ontracts between any irrigation h taxing units; district in which the premis'-2s are situated and the United limitations and restrictions States; all conditions, covenants, of record or imposed by law !;,r that having the force of law; and all rights of way under,lover and across the premises and whether the regardless of flow evidenced Dr acquired 1 same appear of record or notl, ii TO HAVE AND TO HOLD the premises and its appurtenances U 4 unto the grantee and the granteclis successors and assigns forever and the grantor hereby covenants to and with the grantee as follows: that the grantor is the owner in fee simple of the premises; that th- premises are free and clear of all liens and ancurrZrar.ces except those described above to which this dee exes sly made subject; and that the grantor will wart:'.:' nt -,--..d defend the premises from all lawful claims whatsoever. Singular terms used herein.. shall be read as if written in the plural when the context. so requires or permits. DATED: July 21, 1972J meds _ 4z C. Stone,grantor. Emily S. -;Stone, grantor. .J State of Orcqc-., County of Mar;an On this date, before mc, thelundersigned notary public . . . . . . . . . . a'J)peared jpuJBS C. ST014E and EMILY S. STONE, husband and Iiife, knowrn to me to be the persons whose names are subscribed to the within instrument unto the grantee and the granteclis successors and assigns forever and the grantor hereby covenants to and with the grantee as follows: that the grantor is the owner in fee simple of the premises; that th- premises are free and clear of all liens and ancurrZrar.ces except those described above to which this dee exes sly made subject; and that the grantor will wart:'.:' nt -,--..d defend the premises from all lawful claims whatsoever. Singular terms used herein.. shall be read as if written in the plural when the context. so requires or permits. DATED: July 21, 1972J meds _ 4z C. Stone,grantor. Emily S. -;Stone, grantor. .J State of Orcqc-., County of Mar;an On this date, before mc, thelundersigned notary public for such state, personally a'J)peared jpuJBS C. ST014E and EMILY S. STONE, husband and Iiife, knowrn to me to be the persons whose names are subscribed to the within instrument -and acknowledged to me that they executed the same. V_IITI�.ESS my hand and sea I on Jujy 21, 1972 Notary Public.- tilarch arch 24, 1974 o; Ac'' -o Title ro. 7— M. CLAR-PiCE A. PLM.Ya­.. Recc,*., .e—,- �'-.,..ry s�•Lv�•..._ �..•i .• �? J -'.{ �, ... y.9vd IH.P�.O� '1�/• i 44 r-1 �Ti'O/•�7r� dam• •"• ,fit rye 17. t rj ��� � In o � �.� a M, d_ ..� ,:i', ,rr'.•'•�+' �` 1 n�, ztz f, qT_- S` �• o -- t co qr s7 r! ^ , � L til V o• � � 1 �� �: . F 1. • < o °� W ; �. o Jit i`. i ` `7 L1 + tClr i .. r f .: • � .0 u• ' � � i , .• yam, .. :. 1• i��y: �t w' - � : �..-' r s -,q •, ?t,",t ,r i k � t �!' .kr- Z;{ Y ,=} WARRANTY° DEED tft'• t r f„` -+Rfi �t t,.><a•' i,,r K a"Y,vt 4 s "7�y,' p .,a f f ry '� ♦ a� w L �?'r?JE'�.�k•-+y7_t y.�f+h'�{'. -. g .- 1 -� ''�._ ,i$� �' #u� .6 ,, .�Sp�t�}.f'•�a �a;,4F�� 7'tI t� For Va]ue Received Paul ZatTc ,a,andfErnlaiJean Zat�ca, 411usb 164, andI1:1i t. r - . 3 ,i' .,�tt t ­i 44 ���4tsgk�the grantor, s, do hereby grant bargta.m,sell, and. convey, unto. the Ada iCounyP-§fway, DtstrtCt�a4 wayAvnue;401 Broad;111,1 nttd}} §7Siit "s 6oi se ;; Idaho ''M706r e+ s �4 �\ the grantee the following, described premises,-, .•, Ada JL County Idaho rto jwrt� t� I� .-_ .. ,• A strip of land•for public right-of=way lying"in'Lot 7 of,hSection.6'­T"3rJ ;yR lE , n f A B.M. Meridian, Ada County, Idaho an`d"more particularly described as follows " Be.innin at the Southwest cornerfofthe said'Section°,6 7 9 'o U - - "T5 '• - - - � ,1 4 -_ k� iii 3 ,` � . thence North 88°35'49", East 25 00 feet along the Southerhyl!6oundary'of'Yhe�s6id Lot',;7 of Section -6, which .is. also,the centerline, of Cherry+Lane, to •a -point„ ;•; of ,; thence North 00181341•' East 25 00'feet,,along a line 25:00 fee t`Ea`sterly,oft;and,parallel itothe Westerly ,boundary of ,the said'Cot 7A.of'Section 6 1t'o' a poi ntialsof said pointV ei,ng4l%., the - REAL POINT OF (3EGINNIIVG thence ;continuing tlarth; 0°18134,", East '75.00- feet along afline 25 AO feet' Easteralyof,j' 3 and parallel to'4the'said,Westerly boundaryt'of Lot_;7'of SeetionxfiHto ar;point EL ithence 'South II9°4i"26" East 15:00 feet• to a oint ' ` P i r :f. thence South 0°18'34" West 45 3B fee�'along a..line 40.00tfleet Easterly of`and parallel to the said Westerly"boundary of, Lot 7 of Section;_6 to a point,'-' v y }r7 'i`.z; thence South 47°29'01"`East 20.42 feet to -;a point; ,lfr`t„ s thence North 88035'49" East 650.00 -feet along?a line 40.00. -feet tlortherly'of ardy : s, :.. r` `para I lel to the said Southerly bobridary, of Lot• 7_ of Section 6 •to a .point; 705' 41 `t thence South 0013'34"-41est-15.00 feet'"along a line -45'x01 feet Easterly, of and 'l"Pit s ` parallel .to the said Westerly boundary` of, Lot 7 of Section.6,to a point; thence South 88°35'49" West .680. 14, feet along,a, line',2500'feet.11ortherly'of and. V' parallel to the said Southerly- boundary of„Lot 7` of. Section 6'to' the- point of beginning; colfprisltig 0.257 acre, more or less: TO HAVE:AND TO HOLD the said premises, with their appurtenances unto the said Grantee-, i is heirs and assigns forever. And the said Grantors do hereby covenant to Viand Ca tr with the said Grantee that t hey are the owner s"in fee simple' ofsaidpremises; that said y `. premises are free from all ineumhl'ancesr (.i. ;t and that they will warrant and defend the same from all lawful claims whatsoever. ,. Dated: STAY or oU"o, roorifY of AOA, s, , - % r7 g +3{ lien r t ,t me r�: uesl 'tda 6•Z-"9Mrn tasw4 n ri 1777 M. tF pf e _i"ny,t_-'_e!'1911zlPau r La tl cd fv— — - -----' '' Erma Jean Latica—r Ffi i1 ...'STATE OF IDAHO,+OAUNTY OF `r I On this 1/17 day of �, I9%C before me, n m notaiy'puhlic and for said State, personally Ft• Iappeared,-`.- PAUL ppeared- PAUL ZATbCA zind`.. El'NA' JEAPI LPT{CA_ • known to fire to 6e the persori ;' whoe', a names, ire • subscribed to the within natrument, and acknowledged to' ° rue that the -M 11 f ill l y exec same: i't ff� 'GC NotaryPublic t Residing at 214 -,Idaho STATE OF TDA110�4^,OUNTI" OF2f�CiC Ct i - I hereby ce;tify that thinstrument was Aled for record6 it the request of �!lc;c-' 25— <..,, /,'�,: �N/ /�G•�"' .. '�• at 3 ~'minutes past xY iw o'cloclt/f-rn •thisu/ :.0 ,,.�, r� d -y of �<ci, �t �'Z 19� , in my office, :and duly recorded in Book of Deeds at page 'E Z y CLMl Er CE F. FL/`,NrifVC•, e ” Ex -Officio Recorder iW By � U Fees ,$ ��d G'. .. G De ut t D Y•, = J zsr •.. / � � ,� ti� ;,••.•' �; ol •�f' �` � �� � �S (� n ^� � �: u 7 0 ?� � s 'r.r , .. ' s.�eL►'.. off/ R � .. : 'Y`i ;/.« ��i,r�' >✓ '' i.s z� Oma. ,� � r.�i-'` ,�•y:"t CC rx -50 40 97 N Ll t - - •� est � A Q ` � � � t � � �,�A� •/` ' i"- ' '\ '' �o dF� .! 1 c] - V V • !•' r'• / •-{" ,. N `Q°` _' O �% i' :, r may., '/��tYl ri .. �Q '� y ..� !r �_ '' �.�;• .. ._ ..n. 7,`�. � �..c.Y x.•.{77--` r•Q /6 tr .^, ! Yrs •'yam Ln 1 �- (.o'Pl9 � � +, r.� ,.•(y���: �•� 41 'PT'dtl/ ir/. /l. ��•. !•'.r-.- ....f,�6r i'-•. .�. •p � !7 . ter• : �._ _ yam, � ,.x�!'. r A 3 LEGAL D I SCRIP I•I ON OF LEASED AREA, ' I DAHO FFIIIRRST _NAT I OVAL BANK - CHERRY -PLAZAi. What real property situated in Ada County, idaha and described as fol lows A,portion of Lot 7, Section 6, Township 3 North, Ran'gc' I East, .Boise Meridian, Ada County, Idaho, more particularly described by metes and bounds as follows: %o Gj 3J a � -Ig)" z Commencing at .the Southeast Corner of the South- 2� l £ west quarter of Section 6, T3N, RIE, B.M., and running South 88*01'10" West, 1699.50 feet along the Southerly boundary of said Section 6; Thence continuing South 88°01'10" West, 39 1.14 feet; Thence North i* 58'50" West, 20.00 feet to the real Point of Beginning. D E X;I 1 B I T " B" ri Thence North le 58'50" West, 130.00 feet; Thence South 88001'10" West, 90.00 feet' Thence South 1 58'50" East, 130.00 feet' Thence North 88' 01'10" East, 90.00 feet to the Real Point of Beginning. Said parcel containing 0.27 acres, more or less. J•f got ' �Pl'6�S> > F9 � � j . O ;r ... ;'•� 2SF :.s •� tsl firif C ..1 . ` - r V4 kn all c l7 '-O,/�^ �1 7�J , VrA o Cn Vim' �• �y _ ^(\ L' r t, r W 4 tPIZ �. � i � y.(i� 7T/.rte ... � } 't C-zia •..:�' :, �: h r• 4 77%W 144LL � �.� \ i .•jam _._ z, .. � o .= �-;*=i''!'r. op . '�, � � ��% .:" • ►.G x ..�..- -- - '�'-,� -, �c »y y �t i moi..✓.'.•' � , �'� } �--• Fri' �S w lPYFa f�lv1 �► (•o'Fs9� zt • In WARRANTY DEED THIS INDENTURE, made this 8th day of April, 1982, between TAUL ZATICA, also known as PIULINO ZATICA, and ERMA JEAN ZATICA, husband and -wife, P.O. Box 937, Homedale, Idaho '("Grantors") and HEARTLAND MERIDIAN C6i,1MERCIAL PARTNERS; a Minnesota Limited Partner- ship, (, rMei;"), whose principal office is located at 2828 Fifth Avenue South,-M_itnneapolis, Minnesota, 55408. W I T N E S S E T H: That the Grantors for and in consideration of the sum of One and No/100 Dollar ($1.000, lawful money of the United States of America, and other good and valuable consideration, to the Grantors in hand paid by the Grantee, the receipt whereof is hereby acknowledged, have granted, bargained' arid sold, and by these presents do grant, bargain and sell, convey and confirm unto the Grantee, and to its successors and assigns forever, all ,of the following described real property situate in the County of Ada, State of Idaho, to -wit: See Exhibit "A" attached hereto and by this reference :Wade a part hereof. Together with all and singular the tenements, hereditaments, ` and appurtenances thereunto belonging or in anywise appertaining, all improvements, water and water rights appurtenant thereto,the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all estate, right, title and interest in and to the said property as well in law as in equity of the Grantors, subject to those items set forth on Exhihit "I3" attached hereto and by this reference made a part hereof. TO HAVE AND TO HOLD all and singular the above-mentioned and described premises, together with appurtenances, unto the Grantee and to its successors and assigns forever; and the said Grantors and the Gra.ntors' heirs and assigns hereby covenant to and with the Grantee, and with its successors and assigns, that the Grantors are lawfully seized in fee simple of said premises; that they area free from all encumbrances except as hereinabove provided; and that the Grantors and Grantors' heirs and assigns shall and will warrant and by these presents forever defend title to said premises and the quiet and peaceable possession of the Grantee and its successors and assigns thereto against the Grantors and the Grantors' heirs and assigns, and against all and every person and persons whomso- ever and against -all lawful claims and demands whatsoever, except. as hereinabove provided. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and subscribed their names the day and year in this instrument first above written. DATED April 8, 1982 (Jpau Zatica, -also known as el_rm�a Jean Mica Paulino Zat'i:ca .. STATE OF IDAHO ) ss. COUNTY OF ADA _••'<<•On this 8th day of April, 1982, berore me, a Notary Public irt�,anc� fbr.�said State, personally appeared Paul Zatica, also known e�.PnpLinqq-Zatica, and Erma Jean Zatica, husband and wife, known -to 'ine to lSe..tHe persons whose names are subscribed to '.he thin ,in*t, f eine , : arLd acknowledged to me zey th /r' �,' Notary Pu lic f Idar;o .. (. Residing at: My Commission Expires: a q. 4 A PORTION OF LOT BOISE -MERIDIAN, AS FOLLOtJS : EXHIBIT A 7, SECTION 6 TOWNSHIP 3 NORTH, "RANGE 1 EAST, ADA COUNTY, IDAHO, DESCRIBED BY METES AND BOUNDS CO,,0IENCING at the Southeast Corner of the Southwest Quarter of Section 6, Township 3 North, Range 1 East, Boise -Meridian, and running, SOUTH 88001'10" West 1699.50 feet (formerly described as West 1699.5 feet) along the.southerly boundary of said Section 6 to the true point of beginning, thence continuing SOUTH 88001'10" West 705.14 feet (formerly described as West 698.94 feet) along said southerly boundary of Section.6 to the Southwest corner of said Section 6, thence NORTH 0016'20" West 623.04.feet (formerly described as North 633.22 fee-) along the Westerly boundary of said:Section 6 to a point, thence NORTH 88°01'10" Fast 705:'41 feet (formerly described as East 698.94 feet) along a ling. parallel to and 622.76.feet at right angles and northerly from the said southerly boundary of Section 6 to a point, thence SOUTH 0°14'50" East 623.05 feet (formerly described as South 623.22 feet) along a line parallel to and 1,698.72 feet at right angles and westerly from the easterly boundary of the said Southwest Quarter of Section 6 to the POINT OF BEGINNING. EXCE2T DITCH AND ROAD RIGHTS OF WAY. AND EXCEPT 4` 2 j �4.. Get:_<.;:..'r �i+: ., r. c� ,jt.Ta-r-.o L�\ �� (1.0 1�•,1 12.11; t76 BEGINNING at the Southwest corner of said Ser -,ion 6 thence NORTH 88°35'49" East 25.00 feet along the sou::herly boundary of Che said Lot 7 of Section 6, which is also the centerline of Cherry Lane to a point, thence NORTH 0018'34" East 25.00 feet along a line 25.00 feet easterly of and parallel to the westerly boundary of the said Lot 7 of Section 6 to a point also said point being the real point of beginning, thence continue NORTH 0°18'34 East 75.00 feet along a line 25.00 feet easterly of and parallel to the said westerly boundary of Lot 7 of Section 6 to a point, thence SOUTH 89°41'26" East 15.00 feet to a point, thence SOUTH 0°18'34" West 45.38 feet along a li".e 40.00 feet easterly of and parallel to the said westerly bou.dary of Lot 7 of Section 6, to a 'point, thence SOUTH 47029'01" East 20.42 feet to a point, hence NORTH 88035'49" East 650.00 feet along, a line 40.00 feet northerly of and ?arallel to the said southerly bc-,ndary of Lot 7 of Sectio: 6 to a point, thence SOUTH 0°18'(34" West 15.00 feet along a line 455.00 feet easterly of and parallel to the said westerly boundary of Lot 7 of Section 6 to a point, thence SOUTH 88035'49" West 680.14 feet alone; a line 25.00 feet, northerly of and parallel to said southerly boundary of Lot 7 of Section 6 to the POINT OF BEGINNING. w V. IEXHIBIT B Subject to the following: 1. General taxes for that portion of 1982 commencing on April 1, 1982 and all subsequent years, which arc. an accruing lien. 2. Easement for sanitary sewer and domestic water on North and East boundaries as disclosed by Survey, dated March 1, 1982 by CTM Engineering, which easement IGrantors warrant does not encroach upon the improvements to the real property. 3. Easement for transformers and any underground power lines as disclosed by Su:-vey, dated March 4, 1982, by CTM Engin- eering, which easement Grantors warrant does not encroach upon the improvements to the real property. 4. Right of Way for irrigation,pipes and storm drains as disclosed by Survey, dated March 4, 1982, by CTM Engineering, which right of way Grantors warrant does not.encroach upon the improvements to the real property. 5. interest of tenants in possession. 6. Mortgage from Paul Zatica and Erma Jean Zatica, husband and wife to The Travelers Insurance Company, a Connecticut corpor- ation, in the amount of $1,475,000.00 dated October 28, 1976 and recorded November 23, 1976 as Instrument No. 7646559, Records of Ada County, Idaho, %•rhich Mortgage shall not become the personal obligation of the Grantee. 7. Deed of Trust from Paul Zatica and Erma Jean Zatica, as Grantors, to Pioneer. Title Company of Ada County, an Idaho corpor- ation, as Trustee for Provident Federal Savinqs and Loan Associa- tion,'a corporation as Beneficiary in the amount of'$200,000.00 dated October 24, 1980 and recorded February 12, 1981 as Instrument No. 8106178, Records of Ada County, Idaho, which Deed of Trust shall not become the personal obligation of. the Grantee. 8. unpatented mining claims, reservations and exceptions in :patents or in acts authorizing the issuance thereof, water rights, claims or title to water. uwyrerz TRIG v ; 6 ACIID Project 152014.3 Meridian Road R/W Parcel No. 73 � 3305 WARRANTY DEED / Cot:nty High, -:ay 1):dict J. D :�I; �I RECORDIE E'y1���,�C_ 3CA/ '91 JUL 22 Rn 1120 For Value Received, HEAR'fldlND 1fFRIDTAN COMMERCIAL PARTNERS, A MINNESTOTA , LTMI'1'ED PARTNERSHIP, the•--GLLINTOR, docs -hereby grant, bargain, sell and convey unto The ADA COUNTY - i 111CHWAY DISTRICT, a'Body Politic and Corporate of the State of .Idaho, whose. Mp address is 318 East 37th Street, Boise, Idaho 83714, the GRANTEE, the following F described premises located in ADA County, Idaho, to -wit: A tract of land for public right-of-way located in the Southwest '2 of the Southwest 2 of Section 6 in Tos:nship 3 North, Range 1 East, Boise ?Meridian, t Ada County, Idaho, being more particularly described as follows: Commencing at the Southwest corner of Section 6, T.3N., R.IE „ B.M!, Ada County, Idaho; Thence North 0°17'04" Fast along the Section Line a.distance of 100.75 feet to a point; I. ' Thence South 89042'56" Fast a distance -of 25.00 feet to a point, saidtpoint, boing the REAL. POINT CF BEGINNING; ' " Thence North 0°17'04" East a distance of 523.04 feet to a point; t `Thence North 88035'56" Fast a distance of 1.15 feet to a point; f t a Thence*South-0039'50" Vest—a distance of 173'25 feet to a point; 1 Thence South 0°32'37" East a distance of 349.87 feet to a point; j Thence North 89`42'55" West a distance. of 5.06 feet to t -he REAL, POINT OF 1a` BEGINNTNG, said parcel containing 0.0225 acres, more or less. SUBJECT to casement for existing utilities and ditches. Note: Bearings sic.n above have been rotated 0033'24" clockwise from the original bearings shown on' the deed of record to conform with the Idaho State Plane Coordinate System. TO HAVE AND TO HOLD the said premises with their appurtenances unto the €said r GRANTEE, its 'heirs and assigns- forever. And the -said GRANTOR does hereby y covenant to and with the said GRANTEE, that they are the owners .in fee simple` of said premises; that said pr.�riises are free from all encumbrances; and that' r they will warrant and defend t'le`same from all lawful claims whatsoever. IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed 4 by its duly authorized officer on this -r day of /:fey 1991. HEARTLAND MERIDIAN CO`NF.RCIAL PARTNERS + x A MINNESOTA LIMITED PARTNERSHIP BY HEARTLAND REALTY INVESTORS, INC. t H. William Walter, President f • STATE OF MINNESOTA, COUNTY OF (TIC A)MC ss. k On this :30 day of, /A A y 1991, before me, the undersigned, ` a notary public in and for said State, personally appeared If. WILLIAM WAITER, known to me to be the President of Heartland Realty Investors, Inc. who executed this instrument for and on behalf of Heartland Meridian Commercial Partners, r a `Minnesota Limited Partnership and acknowledged to me that said Partnership ' executed, the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official rtificate first above written. seal, the day and year in tXybtl4j Y _NuC . f.:.......:orA i HENNEPIN COUf:TY Notathe State of Hinnesota € ,��• 'y • I.fy corm! okUn exprrw ,ari7J Residing at �Icn�rC4-D 2finnesota Conmtss�on�rpest_ P7'OCti %�.Ar.��.�:v ri 4¢ , ..- C MN•• • . �: \ 1 , Com. r'�L:k \ , }'1 YOE /Q tri°:• �i ..: r••r. - r \ -' j?rE� 'j-�S ,J' ,1 V � V � ! ; -` - - a•. Z �• _may. � •V � � r. ;r •rscvi n , \. ' '....-�. 7t'Lv-^r i';' J .fib. ;"J"O0' i�%.i,�0' "1.. •it 'i .rrs a \. �Bl'6�s, � E9 /! 1�.0 :!• i' -2sF f PA .41 all ri ri 44 `r r 10 uj qr t nth C7 • ' - - � _ : K � I - - � . _ _ •� -� �• .. -`• , h l .s+s .1, tV Q .�•r07s.�.t' '`'' 7 l ? �r t r � � �� � , �0 � to •rr s � s� ,s.o ° � •• � . ire � 1 r COO Loi •^ . 1�� W .`'�, 'ti 1 ;, .• `�. j . .`[4ri I6 �, w ` �YEa ''f o Le'L i► f•o'Eso� o r ,y "P7OClr 6I Y1./r.��.P'r-+ Y ••► V a� r x March 5, 1996 ■■ Quadrant a. Consulting, Inc. Ms.� Shari L. Stiles Planning Director/ Zoning Administrator City of Meridian 33 E. Idaho Ave Meridian, ID 83642 Re: Lot Split - Cherry Plaza Dear Shari: Today, Lou Fausett, Ada County Assessor Mapping Technician, and I met, regarding my note sent yesterday on the feasibility of a lot split in Cherry Plaza. Mr. Fausett's response was that the scenario described in the letter, could be accepted, if submitted," by Ada County with the following provisions: A. A written deed must be recorded with the Ada County Recorder and B. The attached "Form for Split of Property" must be completed. Once these two steps are taken, and providing the lot closes mathematically, a parcel so described meets the County's requirements. I came away from the meeting with Lou with the impression a lot split similar to that which we are requesting from the City of Meridian is quite common within Ada County. Lou mentioned that of the 1,411 deeds processed by Ada County in January, 1996, 91 were either similar splits or combinations. (Combinations are processed in the same manner and no distinction in totaling is made between splits and combinations.) For the calender year 1995, the figures were 17,180 total deeds and 453 splits or combinations. I told Lou you would receive this information in a note and assured him that if you had any questions whatsoever, you would likely give him a call at 364-2372. He indicated he would be happy to talk with you at your convenience. In conclusion, splitting lots by written description is quite common and readily accepted in Ada County. Sincerely, QUADRANT CONSULTING, INC. Stephen H. Sweet, PE Principal enc cc: Lou Fausett, Ada County Assessors Office 405 S. 8th Street, Ste, 295 • Boise, ID 83702 • Phone (208) 342-0091 • Fax (208) 342-0092 . Internet; quadrant Omicron. net Civil Engineering 9 Surveying • Construction Management F3RM FJOR. SPLIT OF PROPERTY � Af%.ry T 8PAR LAsst:c ' PA L 4 t 4 6 SPLIT PARCE? INF -3 gaLANC PARCEL TIWF0 ZN'-*w7RUME3JT = _ YE., P 0%CUM£::T TYPE:.Gar—UMENT TYP : COME AREA AC'r.EAQE C0: E AREA AC..E:%E NAME r=AM _ AO0RESS ACCF:E�S CITY STATE ZIP C—'rYd STATE -- iy __ ►=•i:al. tit==.^:1NT:C�!t : - LirAL ry • F. S'�ATE .ASF , :�nu� L}�a'a 3I{i3titl+TURE D