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HomeMy WebLinkAboutEagle Partners CUPWILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Good Place to' Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Legal Department (208) 884-4252 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP MARK NELSON BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 6, 1998 TRANSMITTAL DATE: 12/17 /97 HEARING DATE: 1/13 /98 REQUEST: Conditional Use Permit for Chevron C -Store, McDonald's w/drive u Window and Idaho Power Company Credit Union w/drive un banking BY: Eagle Partners LLC LOCATION OF PROPERTY OR PROJECT: NW comer of Eagle Road and Magic View Drive — 603 S. Eagle Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P2 _KEITH BORUP, P/Z ROBERT CORRIE, MAYOR _RONALD TOLSMA, C/C _CHARLIE ROUNTREE, C/C _WALT MORROW, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: DEC 17 1997 COY OF MOIMN MERIDIAN CITY COO -- JULY 21, 1998 PAGE 37 Butler: It's just a point of clarification. (Inaudible) Prior: They withdrew their motion to open the public hearing and now they have closed the—we're turning this into a circus here. Basically, at this point the public hearing is closed and what has been submitted is what's going to be considered on this annexation as of right now. Butler: Okay, I'm sorry... Bird: The original thing we voted on 2-1 was we open it up for those one facts and then we close it, so it's over with, we don't have to take another vote. With that motion you open it up for the one facts, which was not allowable, and we close it at the same time. Rountree: Mr. Mayor, I (Inaudible) question. Corrie: Motion has been made to close the public hearing, any further discussion? Oh, there can't be—All those in favor say Aye. MOTION CARRIED: All ayes. Rountree: Mr. Mayor, I move that we direct City Council with insistence that he may need to review the information received this evening, the previous findings presented by Planning and Zoning and redraft Findings of Fact and Conclusions of Law for this application for annexation and that we table this item until August 18th. Anderson: I'll second that. Corrie: Motion made by Mr. Rountree, second by Mr. Anderson, to request new Findings of Fact and be tabled till August the 18th. Further discussion. Bird: It's going on the 18th, are we going to settle on the 18th . Corrie: All those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM #8: PUBLIC HEARING: REQUEST FOR A CONDITIONALUSE PERMIT FOR A CHEVRON C -STORE, MCDONALD'S W/ DRIVE -UP WINDOW AND IDAHO POWER COMPANY CREDIT UNION WITH DRIVE -UP BANKING BY EAGLE PARTNERS LLC. MERIDIAN CITY CC,.., JULY 21, 1998 PAGE 38 Corrie: ... remind the council that we can't usually do a conditional use permit request until after we have the annexation and zoning, is that correct, Mr. Counselor. Prior: Yes, Mr. Mayor, we can listen to the public testimony and have the public hearing open, but a final decision will need to be delayed or deferred until the annexation has been processed, that's what the code requires. Corrie: I will open the public hearing at this time for Item #8 and invite the applicant to report first. BILLY RAYE STRITE, 1087 RIVERSTREET, BOISE, ID. WAS SWORN IN BY ASSISTANT CITY ATTORNEY. Strite: I think one of the first things I might like to do if it's acceptable by the council, is maybe define for you why there are five plans up there on the board. First of all, I appreciate Mr. William's and Mr. Foley's interest, because I had totally forgotten until such time as ADA County Highway District did come back to us and if you will recall, I believe the date was April 5th, this council met with the ADA County Highway District Board of Commissioners. It was at that point that the 108 foot right-of-way was agreed upon as a concept. It was not however, until April 9th this is the road study that Mr. Little and Mr. Sale made reference to, unfortunately, I only have one copy, and I'm going to hold on to that dearly. There were five different scenarios requested of this independent engineer, relative to types of land use on the 120 acres that are west of the site in question. If I might just briefly, they went thusly: Scenario #1 was leaving the existing gas station/convenient store Jackson's presently has, develop the five acres as proposed in this application and the remaining 110 acres to be nothing but single family residential development. Scenario #2, Jackson's, Chevron, the remaining 110 acres, 60 acres of single family residential, 30 acres of multi -family residential, and 20 acres of commercial development. Scenario #3, the remaining 110 without Jackson's and this present application, a combination of office, residential, commercial, 60 acres of multi -family residential, 30 acres of office, and another 20 acres of commercial development. Scenario #4, Jackson, Chevron, as such, 75 acres of office, the remaining 35 acres commercial development only. Scenario #5 the remaining 110 acres to be anticipated to be a business park for land use based on the previous four. I can submit to you here that all five scenarios including the 120 acres of solely single family development required a 108 foot of right-of-way for the new road. It was at that point, we said, reluctantly, we're going to have a road here. So we're going to have to decide how we are going to put this road together. That if you will—and if I might use some of the provided documents which are better mounted than ours incidentally. These were the plans that came before the city when w first discussed the issue. This was prior to your April 5th, I trust that's the hearing date, I think it was very close, that we had discussed with staff. Once the 108 foot of right-of-way was requested of us, we came back, had an informal MERIDIAN CITY CCO,, JULY 21, 1998 PAGE 39 meeting, if you will with Mr. Foley and one of the neighbors. We requested others to be there, they chose upon themselves not to attend. We had an informal breakfast meeting, Mr. Foley suggesting he represented the neighborhood, or suggesting he did not represent the neighborhood, made a suggestion that would we be prepared if the neighborhood so desired to provide a break in here. That is plan, I'm getting confused, #3 or #4. So we said, sure Mr. Foley, if the neighborhood would like to have that, I think we could probably live with that. It's probably not the best land use design, it's probably not the best for accessibility, it's not the best for automobile maneuvering. In fact, in my testimony, north bound traffic based on the studies done and the signalization, by virtue of the fact that the closest this commercial development is, to the closest residence is almost 300 feet, just shy of one city block. So, I did think the automobiles going north, assuming that ADA County Highway District was going to take the berm as we had proposed it 4 feet high, landscaped fully, that that would be an issue. We then asked and we sent out notices to everybody in the neighborhood that we had a meeting at the Luke, again only two people showed, neither Mr. Foley or the individual who attended the other meeting. We wanted to discuss this issue, nobody was there to discuss it with us, so we assumed since Mr. Foley was not representing that neighborhood didn't care whether that access was in there or not. So for us, it didn't make a lot of sense to have it there, we chose to remove it. That gets us to plan three, during the Planning and Zoning Commission hearing, this plan as you see it tonight, this is exactly what was proposed. It did in fact include the parcelization. There was a question raised, I believe it, I don't believe it was Byron, but I know there was a question raised whether we were in fact allowed to split this parcel. I found it in the minutes, unfortunately I can't recall who asked it. I did know at that point, because this property has been in place for 25 years that we were allowed one split, the state law allows, public takes, both by ADA County Highway District and the resulting take of ITD, to allow us still the one time split. That got back to plan #4. Plan #5, it's in here somewhere, was at the request of Byron Smith, he suggested during that hearing process that our parking counts needed to be corrected, actually he made the inference that we were over parked, what we had shown in plan #5 was the fact that we always in our counts use the under canopy space as total car pounds. We had 16 cars provided underneath this canopy, when we realized that was a concern with him, because he was looking, if you will, at nothing but total numbers, he was probably correct. So, we went back, revised the parking numbers, came back to staff and resubmitted that site plan at Mr. Smith's requirements—his suggestion. The cross access easement was part of the negotiations and it's probably still ongoing, I'm not sure it makes a hill of beans whether it's here or not. This is a mixed used development that's going to have cross access agreements throughout. So, it's not going to make any difference whether it's here or there, as a matter of fact, this one will have to be there at some point in time. If that is in fact, the wish of this council for us to bring that back before you, we would be happy to do so. I think that will give you an update on where we are on our plans and now maybe I can get into some of the more substantive (sic) issues, I'd like to do that. First of all, as I just noted. MERIDIAN CITY C*'IL JULY 21, 1998 PAGE 40 This particular site, which is just a little shy of 4.5 acres, is now being separated by some 300 feet to the nearest commercial use. It was our belief and we still strongly feel that a real buffer or transition, if you will, might be a nine to five operation, that is a very low traffic generator. This particular credit union is not like a bank, in the sense that all of it's members are only those employees of Idaho Power Credit Union. So, the traffic numbers are extremely low, that was one of the things that interested Eagle Partners in this particular applicant. It also interested the credit union in the fact that they realized that even though their constituency is small in numbers, still need access. When you combine the fact that, contrary to some of the comments made today, Eagle Road presently has 35,000 cars a day on it. ITD has told us that 1-84 has 40,000 plus cars a day. To me, it becomes rather obvious in the sense of whether this is an adequate location or reasonable location, and as Ms. Butler has already pointed out, certainly is consistent with the Comprehensive Plan, at least into the economic development portion, as well as the policy set by the intent of the interchange development. Now if I might, I'll move back over. So, even though we had no reason to, nor did we ever want to have that roadway, that roadway becomes really the deciding factor on how this particular site was going to ultimately develop. Also, I think one of the comments that the Comprehensive Plan makes and also does the Findings that must be found for conditional use, is that this is a gateway. This gateway, as you can see there through the landscape plan—we have a 35 foot landscape buffer, the total of which in terms of total landscape and paved area is a little better than 30%. Is far in excess of what is required by the ordinance, in thus, we feel it meets the findings in that respect, as well. The comment relative to smoke, noise, that sort of thing—I might suggest to you that right now with ADA County Highway District taking the 108 feet. Similarly ITD has expansion plans as you can see on the plan that's going to move that property line and actual street improvements, if you will, somewhat westerly. I'm sorry, I'm bouncing back and forth on plan #5, this particular line moves the wellhead, if you will, closer to the 35,000 cars a day, by 300 feet, than it does to where the gas tanks are located. If there is in fact a problem, I would suggest that the problem might be on the existing roadway system. Similarly, probably and importantly, and although I'm not a geologist and will not try to play one here, there is a large water movement through this area, right here. So, if in fact, there was some sort of spill, the containment might be unfortunately on the wrong side of the road, and that the wellhead, if in fact that is a concern, may be more influenced by the highway than certainly any development here. Secondly, I think it should also be noted that, it is my understanding that all this residential developments is on septic tanks. So, I think what we've attempted to do here is provide what we feel is an adequate buffer by virtue of providing a low rise single family approaching development, in terms of the Idaho Power Credit Union Building. We feel that this particular building, not only in itself and it's mass, but allowing that not only do you have the mass of that building you have the additional 15 foot of landscaping on the north side of it, 15 feet of landscaping on the south side of it, and now by virtue of what we hope to be the 30 foot of landscaping on the north side, which incidentally and I will at this particular point MERIDIAN CITY C(*[L JULY 21, 1998 PAGE 41 in time answer Mr. Rountree's question, since I did talk to our client. The Eagle Partners are prepared to design, construct, and maintain that 30 foot that is north. I trust that unfortunately the ADA County Highway District development services, Mr. Sale he has left but I trust that we could do that through a license agreement, perhaps Mr. Little can elaborate on that, but we would be happy to do so. So, I think in closing, my comments that I feel strongly that the Findings of Fact that have been provided by the applicant, that are in your packet tonight, strongly suggest that this in fact conditional use should be approved. Planning and Zoning Commission did in fact approve this. We would ask that you do the same. I will open it up for any questions you might have of me. Anderson: I had one could, could you go over that lower cross through for me again, did you say you originally didn't have that in and they wanted that in. What was the deal on that? The drive-thru that cuts through the... Strite: Mr. Mayor, Councilman Anderson, the access on the east side, if you will, we were requested at an informal meeting would we entertain closing that off with a gated system that would be closed, I believe after 10 o'clock, Mr. Foley I'm sure is going to remember this, I think it was after 10 o'clock. We had no opposition to it, however, him not representing the neighborhood, we felt it would probably be more important for us to get the entire neighborhood together, do they want it? That would be fine with us. Well, nobody showed up at the meeting in which that was on the plan, so we chose to take it out. We find it to be a little redundant, it really didn't make a lot of sense, but certainly it wasn't a deterrent to stop the project in our minds. Anderson: Is that a necessity to have that cross-thru down there? Strite: Mr. Mayor, Councilman Anderson. Yeah, I think it's an absolute necessity if you are talking about cross access between the two units, certainly. I think for synergy not only for this project, the traveling public, I think it's absolutely critical and quite frankly, I think there should be one to the west side as well. Keeping in mind that what's going to happen here ultimately when the Moore property develops, which is the adjacent parcel to the west. Alternate B which is the selected and basically, unfortunately not approved as you have already heard at this point, the alternate that has been suggested and favored goes to the west end of the Moore property, it turns and goes south so it aligns with the loop road that is presently the Magic View Loop, to get a four way intersection again. Once that is in place, if we don't have cross access within the parcel, we're forcing traffic out and around. As Mr. Jackson aptly mentioned, we wouldn't have that easterly access under any terms of the development policies of ADA county Highway district, unless #1 they wanted the 108 feet, but #2 and most importantly, at the time that road is punched through to the west and turning south to meet Magic View, there is going to be a raised Meridian, so that the access that you see on the east side, which is only 50 feet as Mr. Jackson has mentioned from the intersection of Eagle Road, will be a right in and right out MERIDIAN CITY COW,, • JULY 21, 1998 PAGE 42 only. So, in my mind, it would be better planning, if in fact, the westerly access, which is all movement, would allow access throughout the entire project without forcing traffic back and into the neighborhood and doing the entire loop again, as I just mentioned, to get out back to Magic View. That was very convoluted to answer your question, but I think the point is well taken. That access is important and in fact, I think there should be a secondary, quite frankly, access between the two users. Corrie: Any other questions? Thank you. Strite: Thank you. Corrie: Does anybody else wish to testify? Yes sir. MICHAEL ROACH, 2465 SPRINGWOOD, MERIDIAN, ID 83642. WAS SWORN IN BY ASSISTANT CITY ATTORNEY. Roach: As Mr. Williams said, there has been a lot of support just in the petitions and that sort of thing for people who are against it. As the gentleman just talked about the lack of attendance by meetings, I am on Springwood and I'm not—I don't know what kind of record or how the mail was sent but I don't have any recognition or recall of receiving that. I don't know if you sent it out certified mail, but I don't have any records so I kind of ask how—what his record is, because I think our petition speaks for itself, if you have 80 signatures that, that's pretty well represented. I would kind of just ask about that, what his—who—how he got the number of two. I also just wanted to be a part of this, I guess it relates back to the last subject, that our neighborhood is a very family oriented. I think that obviously your not going to do anything tonight on this, but I just wanted to voice my lack of—I didn't really want to—I wanted to request that you not honor this conditional use permit. I just wanted to say that I was another member of the Greenhills Estates neighborhood and that—voice my opposition. Any questions? Corrie: Thank you. RICHARD WILLIAMS, 3133 AUTUMN WAY, MERIDIAN, ID 83642. WAS SWORN IN BY ASSISTANT CITY ATTORNEY. Williams: First of all, I would like to introduce a letter from Ann Bowen, who lives at 3067 Autumn way, regarding this conditional use permit and application. From the standpoint of time I will not read that letter, I would like to also incorporate my appeal on this conditional use permit into the public record. A couple of questions, #1 this is a map of Meridian, the red dots represent gas stations, we have the highest number of gas stations of any town in Idaho right now, I guess we need some more. Somehow it doesn't strike me is the fact that gas stations and McDonalds constitute economic development, I guess that is a matter of definition. I would feel that high end offices, professional offices in that area MERIDIAN CITY C0*,, - JULY 21, 1998 PAGE 43 would—which we know would go in there, I know for a fact would go in there, would be a better utilization of that land. A better utilization for the city. Some things that have not been addressed, what is the signage? I don't see anything. on that. What is the height of the canopy? I think that the canopy of this proposed development, will probably be higher than the credit union, which means it will light up the neighborhood. The credit union conditional use permit with the drive-thru window, I'm sure that they will have an ATM, there will be 24 hour access there. So, I really don't understand that being a buffer, when you have access 24 hours a day, cars, small trucks driving through that area. I venture to say none of you would want that in your backyard. Again, the—those are major areas that have not been addressed at all. I don't find attractive living. with the Chevron and McDonalds in their backyard and I dare say that Mr. Eddy would not approve if a Texaco went into his backyard and a Taco Bell. I doubt that very much. I really don't have any other things. I know we have been here a long time. A lot of testimony has been taken and I would ask that you—I know Mr. Bird said we'll we got a give the applicant and get them going, well we have a 123 homes over there that are effected by this too, Mr. Bird. We would like consideration on this also. Corrie: Anyone else from the public? HOWARD FOLEY, 2875 AUTUMN WAY, MERIDIAN, ID 83642. WAS SWORN IN BY ASSISTANT CITY ATTORNEY. Foley: Mr. Mayor and council, I would like to ask that the public testimony as well as the record that was submitted at the zoning/annexation hearing be incorporated into this record. Does that come by motion or am I just... Prior: You've just done it. (Inaudible) Foley: I appreciate Mr. Littles testimony, I wanted to read some of what I think is a pertinent part of the concerns I have with this driveway, I want to address that issue and then I will be done with what I have to say. Mr. Borup in the Planning and Zoning hearing asked this question to Mr. Little "so either way then the road would turn to the south and over to Magic View and not continue along the property lines of the subdivision. I mean none of your showed that, so." Mr. Little, "Right, we are not envisioning staying on that line, we could see the possibility that it could come somewhere down between and be double fronted by commercial property or something like that. What typically happens is the first person in the door at the street, we end up having to set an alignment, the next person comes in and there is a little more flexibility. Often times cost wise, it's a different participation, corporate drive is an example where the developer is pushing the construction of it and he's carrying it." I think he is saying that may not be our plan, but future development will decide how this road aligns and what MERIDIAN CITY COO -ti, JULY 21, 1998 PAGE 44 direction it goes. I also hear Mr. Sales saying, I apologize I was unaware of the five scenarios and whatever else, but it sounds to me like I guess what he is saying is, whatever land use decision is made will dictate the traffic count. It may not be 22,000, it could be something less than that, significantly less than that. If the proposal that is before you is approved, then it will be 22,000 or some larger number because there is more traffic flow going in and out of 24 hour businesses, than there are 8-5 or 9-5 type of businesses. The concern I have is, it sounds like kind of what's going on here is that ACHD has decided and had a lot of discussions, but is just simply saying that we have to have a road there. We don't care what you develop, what the land use planning decisions are, you have to put a road in. I don't think that you have to. I don't think that sounds like a land use planning decision by ACHD, as much as they protest that it's not, it is. I think that it's inappropriate for ACHD to make that land use planning decision or impose it on everyone, the applicant, us, you, everyone else, under any kind of conditions and then say but we're really not going to give you any plans as to the specifics of it. I think this puts you in a position of adopting future conditions by ACHD and I think that's an improper delegation. It's as if, they say make the annexation and zoning request decide some of the land use planning around what we have already decided for you and then we will tell you what the road count is going to be and we'll tell you what kind of road we're going to build. I don't think that's their job. I think you could make the decision as to what's appropriate. What is appropriate here is not 24 hour businesses in our backyard. It's simply not. What is appropriate here is office type of businesses that are 9-5 that provide that buffer and avoid a lot less vehicle traffic counts. Corrie: Any questions? Next? Anyone else wish to (Inaudible) testimony in at this time? Okay, Billy Ray you have one. ROD TRUAX, 3091 AUTUMN WAY, MERIDIAN, ID 83642. WAS SWORN IN BY ASSISTANT CITY ATTORNEY. Truax: It would like to clarify a couple of points. One is, I'm one of the homes that's in the highly impacted area to which the City of Meridian feels obligated to send me a certified letter every time there is one of these meetings, which I appreciate very much, thank you. Mr. Strite eluded earlier that we had all been notified about the one meeting to discuss the entry way and I was not notified of that meeting in either case and several of my neighbors have also expressed that concern. Of this scenario, there were five submitted, of those scenarios everyone included the Jackson and the Chevron. I would submit a sixth one that does not include the Chevron and 110 acres of single dwelling residential be considered in that traffic flow and would conclude that that would not be needed to have that three lane road there. Those are the only points that I have. Corrie: Thank you Rod. Anyone else? John? MERIDIAN CITY COWIL JULY 21, 1998 PAGE 45 JOHN JACKSON, 3500 COMMERCIAL CORP, MERIDIAN, ID 83642. WAS SWORN IN BY ASSISTANT CITY ATTORNEY. Jackson: Very quickly, I just wanted to make a -couple of points that I had missed. Again, this is regarding the internal circulation problems that I'm seeing with this design. They talk about this being a low traffic business and I don't know what the projection, trips per day are. I do notice that there are three individual drive-thru spaces, so they are developing it for some sort of capacity. I understand that is 24 hour ATM type business. I just wanted to throw in that one scenario, in addition to the two defacto streets that we are creating here, that are going to be running north and south from my business and their business, back to the signalized intersection, which everyone is going to want to use. We're going to have a circulating traffic on the end of it as well. So, all of this is going to kind of converge at this point. It's just an additional factor that I forgot to note. Finally, on the road itself, the 22,000 cars a day or whatever number you want. I have heard one scenario as high as 27, extremely high traffic counts but again, that is driven by the land use and that is your decision, not ACHD's. I think in fact, there could be scenarios that would not require that road. As I mentioned Magic View has deceleration lanes that are designed into the road that aren't even being used very, very little accidents, less than one per year currently. I really question that need for that road. Depending on the land use, it may not be necessary. Corrie: Anyone else? GEORGE KYLER, 5000 S MEADOWS RD, LAKE OSWEGO, OR. SWORN IN BY ASSISTANT CITY ATTORNEY. Kyler: Mayor Corrie, councilman. I've been coming here for probably two and a half years on this issue. I've seen it evolve into a much better project taking all of the consideration in that we have had from all of the parties. I agree with Mr. Jackson, that we are a convenience business, driveways make a lot of convenience to customers, we go where the action is, we don't create our own action. The fact that he ended up going on the other side of the highway is irrelevant on the other interchange. I'm the culprit that suggested the easement in the rear of the credit union, because I see from the Corporate Center Drive that they are going to put a median down there and now it's going to be very difficult for cars to go into Steve Eddy's Chevron station. So planning in the future when such time occurs as they put in a Median down that street and block off full turn movement on the curb cut we have closest to Eagle Road. At such time, we have already moved the trash corral which is probably a $7,000 or $8,000 dollar relocation to do and created an easement with the adjacent neighbor, to accommodate us for a full turn intersection still. Do you see what I'm talking about in there. That is something we are planning for in the future that is there. That would occur at such time as we are forced to do it. It makes good business sense to have direct access onto that road, instead of how Mr. Strite MERIDIAN CITY COOS,. JULY 21, 1998 PAGE 46 was talking about cars exiting Magic View and going all the way around to take a left turn to the north. So, that is how that evolved is based upon the ACHD requirements for full turn intersections, etc. Just to go over a couple of things, being in the convenience business, we divert traffic, we don't generate traffic. I think all the people at ACRD know that. Our peak hours are not the AM and PM rush hour traffic, it is lunch time traffic, people going down the road at that time of day. Our peak hours are not the same as the peak hours of the traffic, so we are not going to be putting on generating a lot of traffic when, in fact the—to increase that peak flow that these roads are geared for. We are not a 24 hour operation. We'll have a standard McDonald's restaurant here that has shared facilities inside with the Chevron gas station, which is probably better from a customer standpoint, they can park the car at one spot and ending up having fuel, getting some food, using the telephone, what have you and continue on. That probably holds down trips. I don't know where, how much business the Texaco does, but 5,000 trips a day, I can't get out of a gas station for under $20 bucks, that's a $120,000 dollars a day in business. That's a three in a half million dollar facility and I don't know of any convenience gas stations that are doing three in a half million dollars a year, in gas, or in gross sales. That is huge numbers, I don't know where these traffic counts are coming from, we're talking 120 acres in the rear of this property. I don't know how many years it is going to take to develop out 120 acres. That is a lot of acres to develop. Some of these scenarios 60 acres of multi -family, I don't know what the density is, but this is a twenty year build out that is going to be here for a long time to come, in terms of what the council will approves as the market warrants the approval, so I think ACHD has done a respectable job by saying, you know what, you can't get the roadways appropriate to accommodate traffic in the future unless you take them as parcels and develop initially. So they came in and took the 108 feet now, because once something is developed you can't get it later. Should the council decide that there will be different uses back there, what have you in the years to come, they're set on the access point than on the throat on this road. That is up to you as to what's done. We are not putting a play place in here or outside here. We have no truck facilities, that we have long vehicle parking to accommodate over the road trailers, other than trucks that come from deliveries. There was discussion about noise and odors, etc. from McDonalds and I'm here to tell you that the drive-thru windows are not near the homes, there is plenty of buffer to the residential units. The road, the decibel level on Eagle Road is probably going to be, already is I should say, much higher than any decibels coming from our restaurant, in terms of customer traffic. I don't see any cut through traffic in the residential development, that was something that was mentioned, I don't know where that came from. I'm opposed to putting a gate in. There was that gate that was put in there as a suggestion from one of the neighbors and I don't think it makes any sense to gate something off after a certain period of time. When you are talking about a business that does little league and football, and we pay for grades at our two Meridian restaurants. We've been in town for ten years, or maybe a little bit over now on the one restaurant. Right today is a Ronald McDonald children's charity golf tournament that's being put on in the Portland MERIDIAN CITY Co JULY21, 1998 PAGE 47 region that Mr. Darmony is at and a few other operators They have 401 K's and health care for mana they give collage scholarship of re fo a yg from the Idaho market. when you then managers, they give money out for grades, go to a college. semester for your high school years anything other than a g We are family oriented, I don't know that it's ng to the community and what they story with McDonalds and what the Y give back. There were comments made r�that I have comment on, because it bothers me when somebody innuendoes and talk about the illegal subdivisionsve to and you know, the unclear testimony illegal Ter talks i u somewhat three rig trailers coming a and u to f and the questionable site plan ry Little gave last time tanks at the Chevron station. � and the truck and p fuel up, I don't believe there is any diesel ent agreements or conditional use on .there re ardi We could live with reasonable develo that an overlay zone and ban truck traffic and electronic that. If you pm would like to don't think that's what you want an make lou wan reader boards, because I electronic reader boards at some point and turn anyway. So, if you want to grandfather in in gateway, we'll have 35 feet of landscaping.athat whole facility into a nicer years hes been there, there hve been ere wasac think Mr. Jackson said months after he got there we started to talk about this accidents and then six bit of math problem here that doesn't add u that out. I would like to say that es are excited s road. So, there is a little p quite yet, so I haven't figured all of have a very nice developmentted to coming to town, we think we You have an here, that obviously has some market demand. I Y questions as it pertains to McDonalds, I would like to f GARY SKEEN, 333 N 13 address it. ASSISTANT CITY ATTORNEY. EET' BOISE, ID. WAS SWORN IN 13Y Skeen: 1 heard a couple of comments about traffic union would have, that bothered me. There was a ATM machines, these are not ATM �c flow and use of the credit ws. Short term we machines, theseare drive-upnt these were Project one lane, long term two five years from now. , possibly three. Long tem Bore talking town. Our office hours currently are 9-5:30 and in our office We're projecting at this facility, we'll cut the offic g UP will remain open till 5:30 a hours back. The drive down made. Also, there was a statement about traffic volume Rush hour to us is 60 cars a da A hundred we are overwhelmed, We have 1200 members n he Boise Va Meridian, West Boise area. So, I think that the credit Iley and about 700 in type of low impact, low traffic flow use that you wo dit union here represents the I hope it does. Once again, I don't see the uld really like to see, or a expressed earlier with the credit union side ow problems that I heard least traffic fl Are there any questions? Rountree: You don't have any ATM's and you will not have those at there. Skeen: Long term we may have ATM's. Rountree: So it's a possibility. MERIDIAN CITY COOOu, JULY 21, 1998 PAGE 48 Skeen: It's a possibility in the future. As far as those drive -up windows, those are not ATM's, those are projected drive -up with a person waiting on them. Corrie: Any questions from the council. Okay, thank you. Anyone else? JO ANN BUTLER, 607 N 8T" STREET, BOISE. WAS SWORN IN BY ASSISTANT CITY ATTORNEY. Butler: Just a couple of comments before Mr. Strite comes up to answer questions. I would like to speak real briefly to the appeal issues on the conditional use that you will be reviewing, there were four issues. The first one was that the decision by the Planning and Zoning Commission and that is the positive recommendation by the P & Z to recommend conditional uses, not supported by the record. Mr. Prior is right, there is a lot of stuff sitting at Mr. Bergs desk. I think that with the testimony you have had and the testimony that the P & Z has, it couldn't have been more exhaustive in terms of a record before you. Where the commissions and the councils findings comply with the Comp Plan and the City ordinances and supported by that substantial evidence on the record as a whole, even though Mr. Williams, for example, in his appeal may have reached a different conclusion, it is your conclusion that counts. The second appeal issue was that the CUP permit was inconsistent with the Comprehensive Plan, regarding location, that has been addressed. The third appeal issue was that the use was not harmonious and consistent with the surrounding residential area, neighborhood. This property is not surrounded by residential, it is surrounded by a commercial activity area. We are striving to work to be harmonious with the area and Mr. Strite will speak to that as well. Finally, appeal issue number four was that the CUP requires a necessity, that is not a requirement of your ordinances. I think we've spoken to the fact that it is appropriate and Mr. Kyler spoken very eloquently to what this use offers. This is not a popularity contest, I know that you have 123 petitions in front of you, and you all know that whenever something comes up before the city, you get a lot of petitions from the people in the immediate neighborhood. The true issue comes down to, who showed up in 1993 when you were putting together your Comprehensive Plan. As your Comprehensive Plan states, you had the collective input of the community and this city is striving to think about where it's urban services planning area is going to be? Where it's area of impact is going to be? Where you are going to grow into and how you can provide those urban services to provide for all of the citizens? An issue about the signage came up that was an issue, and I was glad somebody brought that up to remind us. We talked to staff after P & Z put out it's findings, it was our understanding from staff is signage is a condition of approval, we have to meet your sign ordinances as a condition of approval. So, we will have to go through that. Lights in the area, Mr. Strite will address that in a minute. Our engineer reminded me to remind the council that the distance between the homes and the projects includes the road, the berm area and also, a 25 foot easement in the backyards of the residence, which I believe is a settlers canal easement, that separates this area as well. MERIDIAN CITY COOL • JULY 21, 1998 PAGE 49 With regard to the diesel, there will be a diesel pump there for cars. Diesel is not provided for trucks, however, it is not subsidized from a tax perspective, so trucks will go elsewhere. I understand in going by the Jackson site, we have a banner up there now that says you can lease space for trucks. Trucks run all night, typically. Somebody mentioned noise, if anything, this particular use may be a noise buffer from the trucks that are running on the site just a little south. Those are all the comments that I had, I know Mr. Strite will answer a couple of others with rebuttal. Mr. Mayor Corrie. Corrie: Yeah, are you thinking about signage, you mentioned going besides Jackson's at this point. Butler: Oh no. Prior: Mr. Mayor, if I could interject quickly, Ms. Butler there is a little bit of confusion here. Actually on the annexation and zoning it's part of the requirement, one of the conditions of the development agreement, and I can quote from the actual Findings of Fact that I prepared that the permission and approval of all signage plans including but not limited all signs, reader boards, banners and etc, specifically any golden arches, any type of signage associated with the McDonalds and any and all signage associated with the Chevron gas station, will be submitted prior to the annexation taking place. So, basically what I have done for these folks is if this thing is approved, if they don't submit the appropriate signage, then basically, we will de -annex the land, and the game is over. Jo Ann knows what I've done here and that's appropriate because of the Texaco and the situation there. The issue of signage has been adequately addressed and if this thing goes through, Jo Ann and I will be sitting down and going over the development agreement and drafting all necessary protections for the city. Butler: Thank you. Corrie: Anyone from the public that hasn't testified before. John? Jackson: I would like to make a quick clarification, we do not have truck leasing, for lease space sign, that is a false statement. We lease parking for vehicles, so we can control them, because there is a lot of people that park there. We absolutely do not lease truck parking. Corrie: Anybody else to testify, now you have already—I'm going to stop that, we could get into a kicking contest here, it's getting late and I'm getting tired too, I'm sure you are. Anybody else have testimony that hasn't given testimony at this time. Strite: A brief rebuttal to some of the comments made and if I might, I would like to use the other microphone for an exhibit. This particular plan was that that was MERIDIAN CITY CO*-, JULY 21, 1998 PAGE 50 used at the Planning and Zoning Commission hearing at which time you will find in your minutes we did make comment that the roof height... (END OF TAPE) Strite: ... at the Planning and Zoning Commission level, however, in going back through the minutes, I though I would bring that up. Secondly, I apologize for those who did not get their mailings, we have a postage audit, a 118 mailings went out and I think somebody mentioned there was only a 120 some odd in the neighborhood, so if we missed one, certainly I will not take credit for it, because I didn't do the mailings, but the applicant unfortunately must have mis-mailed, because he does have a postage of a 118 mailings. Also, I would like to talk if I can very quickly that there was a comment made about the drive-thru, the drive- thru's we located is again a testimony you will find in your packet, the drive-thru's were relocated from the original plan, so they would be on the south side of each of the buildings, to specifically force traffic around any and all drive-thru traffic would be on the south side opposite the units and furthest away we could get those from the neighborhood. Secondly, there was a comment made to the ATM, that was also in my original comments Planning and Zoning, the ATM that is presently planned for the credit union is a walk up ATM. It's located in this corner of the entry of the building. Again, I'm trying to hurry through this, but ... there was a comment made relative to the fact that if this particular development was not here, perhaps a 22,000 cars would be considerably less. I did just a real quick analysis, I want to make it very clear that I'm not a traffic engineer, I did talk to Terry just briefly about the traffic movements and the fact that 110 residences require a level of service that is D, which is not acceptable. Pulling that out and adding 5 acres of additional residential in this section, right here, would in effect, add less than 5% cars to that, so that the roadway in it's self would be required if this site did not even exist. It was clearly stated by ADA County Highway District and you'll have that in your minutes as well, that this particular project, was not the driving factor for the roadway, but in effect, this particular project had access without this roadway. Hence, my conclusion from that is if this developed at 10,000 cars a day, which it doesn't, they had access here, they have access here without the road. So, I think Mr. Truax also brought that up and I think they are good points however, they were incorrect. I think the final comment I would like to make is regarding the land use issue. Whether you in fact are making the decision or is ADA County Highway District making the decision. I think it's probably safe to say and again, going back to your April 5th meeting, that there was a decision by the two bodies to consider what in fact could be done in this area. Well, it wasn't done by ADA County Highway District, according to the subject draft copy that I received by MK Centennial Engineers, their land use decision were based upon your Comprehensive Plan that designates the 110 acres to the west as mixed use. That's all I have. Are there any questions? Corrie: Any questions from the council? MERIDIAN CITY CO&,, JULY 21, 1998 PAGE 51 Rountree: I have none. Corrie: Council, correct me, I can close the public hearing and to continue this tabled, is that correct? Prior: You can close—do not continue Mr. Mayor, you close the public hearing and then we can table this item until consideration of the annexation and zoning. Mr. Mayor, until the public hearings, I believe we have one other person who would like to speak. Williams: One time, one minute. Again, on my appeal of the CUP, one of the items is necessity, you have to consider a necessity in granting a conditional use permit and my appeal is based primarily on the fact that there has not been any demonstrated condition that this is a necessity. Thank you. Corrie: Okay, thank you. Is there any comments from council, questions? Rountree: I have no more questions. Bird: I have no more. Corrie: At this time, I will close the public hearing. Entertain a motion for table? Anderson: I make a motion we table the request for a conditional use permit until after the annexation is approved. Bird: Second. Corrie: Motion made and seconded that we table Item #8 until after the annexation/zoning is approved. Further discussion? Rountree: I guess there is one bit of information that I think is significant that should be reflected in the Findings of Facts that is not presently there, and that is the commitment on the part of the applicant to design, construct and maintain the berm buffer adjacent to the roadway. I would like that to be included in the Findings of Facts. Prior: What's probably going to have to be done is—it's going to be difficult if that property is sold to ADA County District, it's going to be difficult short of a license agreement to do that, Jo Ann is aware of all of that. What may have to be done is that the roadway may have to be sold to ADA County Highway District, and the berm itself would have to be kept as part of the development and made a condition that they maintain that berm. They may not be able to give them the full length to the residences if that is going to happen, it's going to be difficult to enforce that because that may constitute what would be called off site, in that regards. I'm going to have to look into that a little bit more. I understand what MERIDIAN CITY COO., JULY 21, 1998 PAGE 52 you are saying councilman Rountree and we'll address that if need be, I can assure you if this thing goes forward, one way or the other Eagle Partners will be maintaining that berm. I can assure you. Corrie: Okay, thank you. Does that take care of that, Mr. Rountree? Rountree: I'm satisfied. Corrie: Any further discussion? All in favor of the motion say aye. MOTION CARRIED: All ayes. (BREAK) ITEM #9: PUBLIC HEARING:REQUEST FOR ANNEXATION AND ZONING OF 121.897 ACRES TO R-4 FOR PROPOSED THOUSAND SPRINGS SUBDIVISION BY FARWEST DEVLEOPERS AND MARTY GOLDSMITH – NORTH OF VICTORY AND WEST OF EAGLE ROAD. Corrie: I'll open the public hearing and invite the Farwest Developers or Marty Goldsmith to testify or representative. BECKY BOWCUTT, 1800 W OVERLAND, BOISE. WAS SWORN IN BY THE ASSISTANT CITY ATTORNEY. Bowcutt: Since it is so late in the hour, I'd just like to, if it's okay with the council, just do one presentation and under the annexation, incorporate that testimony into the preliminary plat application, which is the following application, just save some time. The project that you see here is called Thousand Springs subdivision, some of you may recognize it originally three years ago, something to that effect. It was Highlands Ranch, it came through the process, it looked considerable different than what you see here. The project that you saw as Highlands Ranch at least on this eastern portion consisted of about.512 dwelling units per acre—which is around—or 512 dwelling units total, which is about 4 dwelling units per acre. What we are proposing here is 2.71 dwellings per acre, these are all single-family dwelling lots, we are a requesting a R-4 designation. All lots meet or exceed the 8,000 square feet, most of them exceed it, some by quite a bit, all the lots you see meet the frontage requirements as outlined in the ordinance. The property itself is 121.227 total acres, we have 328 buildable single-family lots. Twenty four common lots that are spread throughout the development with landscaping along the collector street, we have provided two collectors, this one that comes off of Victory Road, it's a collector up to this center section. We have another collector that comes off of Eagle Road and it intersects here or terminates here and transitions to a local street, right there at that intersection. We want to create a boulevard effect, we've got 40 feet of landscaping along Eagle Road which will give us adequate area to do good size 9 MERIDIAN CITY COUNCIL MEETING: JULY 21 1998 ITEM NUMBER: 8 APPLICANT: EAGLE PARTNERS----------------------- CITY ART ERS 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: SEE ATTACHED FINDINGS OTHER: All Materials presented at public meetings shall become property c Qv„� cC.e cC PLANNING AND ZING COMMISSION JUNE 9, 1998 PAGE 11 ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHEVRON C -STORE, MCDONALD'S W/DRIVE-UP WINDOW AND IDAHO POWER COMPANY CREDIT UNION WITH DRIVE -UP BANKING BY EAGLE PARTNERS LLC: MacCoy: Any comments on that material? Smith: Just one thing, I'd asked Mr. Strite during the last meeting about the required number of parking spaces versus the number provided, there seemed to be an excessive amount of — there was more spaces provided than what was needed and we've been discussing the fact that Eagle Road's been more or less identified as a gateway to the City and I would like to include as one of the conditions as I stated my desire to do so in the last meeting that we provide only the amount of parking that is necessary or required and that the remaining parcel is landscaped exclusive of necessary drives, aisle ways, etcetera. MacCoy: Any other items? Smith: That was it. Nelson: Chairman Smith, are we talking about adding additional I guess on the Eagle side road try to I guess beautify that side as much as possible, is that the intent? Smith: Well the intent is to minimize the amount of paved area, provide landscaping which screens the parking, those are more or less some of the intents of providing landscape buffers along that portion of the road. Prior: You probably need a clarification from Shari Stiles whether that's going to constitute a material change by having to do all those things, she doesn't believe so, that much landscaping, how many parking spaces are we talking about? Forty parking spaces? Smith: I don't recall the exact number but there seemed to be twenty, thirty cars along — I think it's just a matter of — I think all the parking that was facing Eagle Road could more or less be omitted, not all of it but you know I don't have the figures in front of me but a good majority of it. That was the only additional comment I had. de Weerd: Mr. Chairman, I realize that I'm coming in at the tail end of this so bear with me but I read in the testimony that the applicant wanted additional parking because it was requested from one of the tenants or from McDonald's and does the applicant have a response to this or would the applicant like to respond to that? PLANNING AND ZING COMMISSION JUNE 9, 1998 PAGE 12 Prior: We're not at liberty to do that. de Weerd: Well if this is a major change I think that the applicant should have an opportunity to respond before you change the Findings of Fact. Prior: Byron's willing — Byron can include as a condition in that — and this is merely — it needs to be clarified that as far as the legal — and I'll address Bruce's issue about the legal description and about the parking. We're merely sending a recommendation to the City Council, those things can be corrected and there will be another public hearing in front of a City Council. Byron can include that as a recommendation that he believes it should be a condition that that area be turned into parking. Obviously you folks can vote on that as well if that's something that you want to include as that but that's purely a prerogative for you but if you disagree with Byron in that regards then we'll put it to a vote but — de Weerd: (Inaudible) Nelson: I think it doesn't require a re -design of the site or the parking or anything like that it's just basically omitting some of the parking that was closest to Eagle Road, it won't affect the site circulation or the parking just as long as they have their minimum amount of parking that's required by ordinance and then if they have a specific number that's desired by the McDonald's tenant but it would not constitute a major change in my opinion, its a pretty simple change to make on the site plan. de Weerd: Shari did you have any comment? Stiles: Chairman MacCoy, Commissioners, Commissioner de Weerd, I've never heard of somebody providing excessive parking, our ordinance requirements are very minimal, I think you have to look at the historic use and depend on the experience of the tenants as to what kind of parking they're going to need. The one concern I would have about the parking on Eagle Road is that it not become leased parking spaces that turns into a sales lot as seems to have happened with the neighbor to the south. That's my major concern but I can understand if some additional landscaping is to be provided if that is your desire, they do have a 35 - foot setback there, I think as part of the conditional use we are also requiring that they maintain the 30 -foot strip that would be adjacent to the residential neighborhood, they're meeting the minimum number of trees and in fact they may be exceeding that I'm not sure but — except for maybe breaking up some of that pavement with some additional landscaping I don't know if I want to tell somebody that they shouldn't provide anymore than the minimum required by ordinance. PLANNING AND ANG COMMISSION • JUNE 9, 1998 PAGE 13 Smith: Well that's not really what I'm doing either is they had a specific request from their McDonald's tenant as I understood it to provide additional parking beyond what was required by the ordinance and I don't have a problem with that as you said, you know the tenant knows what they need for parking but what I'm after is to minimize the sea of asphalt we're going to have on that development, it's cheaper to maintain so it's easier to maintain ten or twenty or thirty more spaces than it is to do that in landscaping so I'd rather see it in landscaping, I think it's an important corridor into the City and that's why I brought it up and that's why I'll make a motion when we get there to do that. Nelson: Mr. Chairman, I'd also like to comment that if I remember right there was also room left for future expansion of the Credit Union but there's nothing to say that there can be temporary landscaping extended also, if that expansion isn't going to take place for years. Smith: Well it was my understanding that some of the parking that was being provided was already anticipating that expansion and therefore there would be no additional parking required when they did expand. Nelson: I have no further comments. MacCoy: Any other comments? No more corrections or anything? What's the Commissioner's status? Smith: Mr. Chairman, I'd like to make a motion that we approve these Findings of Fact and Conclusions of Law with the addition of requirement to minimize the parking provided to the amount required by ordinance plus the additional parking required or desired by the McDonald's tenant. MacCoy: Do we hear a second? Nelson: Second. MacCoy: It's going to take a roll call vote, Commissioner Borup is absent tonight. ROLL CALL VOTE: Commissioner Smith — aye, Commissioner Nelson — aye, Commissioner de Weerd — abstain. de Weerd: Mr. Chairman, I'd like to abstain since I have not been involved in this. I do not feel qualified to vote either yea or nay. MacCoy: Okay. What's the recommendation from the Commissioners? Nelson: Is two a quorum? PLANNING AND ZAG COMMISSION • JUNE 9, 1998 PAGE 14 Prior: Malcolm are you going to — I'm sorry I wasn't — Berg: Excuse me, the motion passes because its a 2-0 with one abstention. The quorum is for a meeting, we don't have to have a certain number of votes for or against. Smith: Mr. Chairman, the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code, parking requirements and the paving and landscape requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Nelson: Second. MacCoy: All in favor? MOTION CARRIED: All aye. ITEM #6: CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT A CHURCH PARKING LOT FOR MERIDIAN GOSPEL TABERNACLE BY BURTON ROBERTS — LOTS 3, 4, 5 & 6 OF BLOCK 4, MERIDIAN NIDAYS 2ND ADDITION: MacCoy: Since we're continuing this hearing is anybody — first place we'll open the hearing and let you people start right now and then the Commissioners will have a chance to respond. Is anybody here with — Prior: Sir, state your name, spell your last name for the record please. Roberts: Burton Roberts. BURTON ROBERTS WAS SWORN BY CITY ATTORNEY Roberts: Following the previous meeting on May 12th, the first thing that happened is I had the privilege of meeting with a few of the neighbors following the meeting and enjoyed some time of conversation concerning our plans and attempted to assure them of our intent to comply with all City code concerning the parking lot and doing all we can to make it a beautiful addition to Meridian and also for your benefit I hired an engineer and had him draw up some new plans so it would be easier for you to see and understand, I delivered a large MERIDIAN PLANNING & ZONING COMMISSION MEETING: JUNE 9, 1998 APPLICANT: EAGLE PARTNERS REQUEST:CONDITIONAL USF PFGkAiT AGENDA ITEM NUMBER: 5 CITY CLERK: — COMM CITY ENGINEER: SEE ATTACHED MINUTES FROM 5/12/98 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: SEE ATTACHED FINDINGS SEE ATTACHED COMMENTS BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Planning and Zoning Commission May 12, 1998 Page 4 ROLL CALL VOTE: Borup, yea. MacCoy, yea. Smith, yea. Nelson, yea. MOTION CARRIED: All yea. Johnson: Is there a decision of recommendation you wish to pass on to City Council? MacCoy: Mr. Chairman, the decision of recommendation of the Meridian Planning and Zoning Commission hereby recommends to the City Council, the City of Meridian that it grant the conditional use permit requested by the applicant for the property described in the application. The application be approved, the applicant shall satisfy the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council, and the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code, parking requirements, and the paving and landscaping requirements and all ordinances of the City of Meridian. The conditional use shall be subject to review upon notice to the applicant by the City. Smith: Second. Johnson: I have a motion and second to pass the decision of recommendation on as read by Commissioner MacCoy. All in favor? MOTION CARRIED: All ayes. Prior: Chairman, if I may for just a moment. In regards to items number 7 and 8, 1 did make a — just in regards to my memo, you mentioned that you would say something about the memo that I submitted. I'd like to remind you. Johnson: Yes, I didn't want to put you to all the trouble of writing that and then not giving you recognition. Prior: It was rather time consuming. Johnson: I'll read what this memo says if I can find it. This is with respect to Eagle Partners project, items 7 & 8. This is a request for the Planning and Zoning Commission to defer a recommendation on the Eagle Partners project. This is a letter from John Prior, City Attorney to Planning and Zoning Commissioners. The reason for the deferment request is that the ACHD Commission has not sent a decision to the City of Meridian on the road through the proposed Eagle Partners project. I believe that it would be premature for the commission to make a recommendation to City Council without a commitment from the ACHD commission on the proposed road. It has come to my attention that the ACHD commission will discuss the matter at their May 20th 0 recommendations will state whether or not the District needs to acquire right-of-way from this parcel and, if so, how much land will be necessary. 4. The City can then proceed with the processing of the conditional use permit. 5. ACHD will acquire the right-of-way for the appropriate roadway configuration. I understand that the City of Meridian prefers to process requests for change of zoning and conditional use permits together, but this places the District in the position of assuming that every zone change request will be approved, with the result that the District must attach site specific requirements to every request. The District has been criticized in the past for this action, because it appears that the District is interfering in the land use decision-making process. The District is extremely concerned about that appearance, particularly in this situation in which different decisions by the City will make significant differences in the transportation requirements relative to the future development of the land west of Eagle Road of which this parcel is the keystone parcel. If non-residential zoning of the property is approved by the City, a new roadway into the area is critical to provide safe and adequate access to the arterial system. I hope this information will be useful to you and the Meridian Planning Commission and the City will separate the land use decision from the conditional use decision so that the Highway District can make meaningful comments to the City for the future development of the area. Please call me if you have further questions in this matter. My number is 387-6172. Sinc y, Sa Plannin and Development Services Supervisor cc: Chron. Project File Traffic Services Director Commission JoAnn Butler, Esquire Billy Ray Strite, AIA E MERIDIAN PLANNING 8, ZONING COMMISSION MEETING: MAY 12, 1998 APPLICANT: EAGLE PARTNERS AGENDA ITEM NUMBER: 8 REQUEST: CONDITIONAL USE PERMIT FOR CHEVRON C -STORE MCDONALD'S W/ DRIVE UP WINDOW AND IDAHO POWER COMPANY CREDIT UNION WITH DRIVE -UP BANKING AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED MINUTES FROM 4/14/98 BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN PLANNA AND ZONING APRIL 14, 1998 PAGE 46 the other, so you asked for clarification as to why we would vote against it when previous decisions were for similar developments and I hope that clarifies it. Johnson: Okay any further comment? If not I'IL close the public hearing at this time. I need to remind the Commission that were dealing with item #5 which is annexation and zoning only at this point. This is an application that would require Findings of Fact and Conclusion of Law if you would like to have those prepared. Smith: Mr. Chairman I would like to ask that we direct the City Attorney to prepare Findings of Fact and Conclusions of Law on this application. MacCoy: Second. Johnson: We have a motion and a second to have the City Attorney prepare Findings of Fact and Conclusions of Law on .item #5 request by Eagle Partners LLC for annexation and zoning. All if favor? Opposed? MOTION CARRIED: All aye. ITEM #6: CONTINUED PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHEVRON C -STORE, MACDO U WINDOW AND IDAHO POWER COMPANY CREDINION WITH DRIVE UP BANKING BY EAGLE PARTNERS LLC: Johnson: Before I open the public onward and staing I te fy oust to wanthtostha the ho have testified previously that you come f testimony you gave on item #5 be incorporated into item #6 so we do not have to have repetitive testimony and I would request that also of the applicant. At this time I'll open the public hearing for item #6 and ask that the applicant address the Commission.. Strite: Mr. Chair, members of the Commission, Billy Ray Strite, 1087 River Street, Boise. Prior: Do you promise, swear or affirm that the testimony you give at this public hearing will be the truth, the whole truth and nothing but the truth? Strite: I do. Prior: Proceed. Strite: Mr. Chair, we'll stand by the previous testimony if there's any questions if you'll allow us the opportunity to rebut we'd appreciate it, thank you. Johnson: Anyone else like to come forward? Mr. Williams? MERIDIAN PLANA AND ZONING APREL 14, 1998 PAGE 47 Williams: Richard Williams. Prior: Do you promise, swear or affirm that the testimony you give at this public hearing be the truth, the whole truth and nothing but the truth so help you? Williams: I do. Prior: Proceed. Williams: I would ask that all of the testimony from our people that in our position be entered into the public record for the conditional use permit. Johnson: Thank you. Butler: Joanne Butler 607 North a Street. Prior: Do you promise, swear or affirm that the testimony you give at this public hearing will be the truth, the whole truth and nothing but the truth so help you? Butler: I do. Prior: Proceed Butler: Thank you. I would like to incorporate the testimony and just for further clarification and I thank Commissioner Smith for his comments but just for clarification the references that I made were not for in connection with Jackson's but in connection with the other annexations in the area in section 17 and section 16, thank you. Johnson: Thank you, anyone else? Sherman: Hi, Beverly Sherman. Prior: Do you promise, swear or affirm that the testimony you give at this public hearing will be the truth, the whole truth and nothing but the truth so help you? Sherman: I do and ditto. Johnson: I think our motion will include a condition that the prior testimony will all be included. It's difficult to separate the testimony from the conditional use permit and that Frinexation and zoning. (end of tape) MERIDIAN PLANNA AND ZONING • APRIL 14, 1998 PAGE 48 Prior: Do you promise swear or affirm that the testimony you give at this public hearing will be the truth, the whole truth and nothing but the truth? Truax: I do. I'd also like mine from item #5 submitted. I also would like to add a comment to the conditional use permit part of it that the credit union may end up being the pawn in this whole ordeal her and since there is so much commercial pressure on that intersection on that particular piece of property that there be some constraints on that to keep it from going into another high volume, high use, high through -put and eliminating the buffer for the property to the north. I'd just like to request that the Commission consider that when they're laying out the. legal documents for that permit. Thank you. Johnson: Thank you. Anyone else have a statement or would like to testify on this application? Is there any further comment from staff? At this time then I'll close this public hearing. This is a conditional use permit request, it will require Findings of Fact and Conclusions of Law as well. Borup: Mr. Chairman, I move the City Attorney prepare Findings of Fact and Conclusions of Law on this application. MacCoy: Second. Johnson: I have a motion and a second to have the City Attorney prepare Findings of Fact and Conclusions of Law on item #6 conditional use permit submitted by Eagle Partners LLC. All in favor? Opposed? MOTION CARRIED: All aye. Johnson: We'll take a ten-minute recess. —We'll reconvene the. meeting at this time. ITEM #7: PUBLIC HEARING: REQUESTCONDITIONAL KATHLEEN LAWRENCE PERMIT889 FOR 13 TO 24 CHILDREN BY. WENDELL AND N. FILLMORE WAY: Johnson: I'll now open the public hearing and ask that the applicant or the applicant's representative address the Commission. You need to be sworn. Lawrence: Kathleen Lawrence, 889 N. Fillmore Way. Prior: Do you promise, swear or affirm that the testimony you give at this public hearing will be the truth, the whole truth and nothing but the truth? . Lawrence: I do. First of all most of my parents will call my Kasha and they are talking about me that's what I go by, they were all wondering why it said Kathleen To: Chairman Jim Johnson CC: Planning and Zoning Commissioners From: John Prior Date: 05/12/98 Re: Eagle Partners Project This is a request to the Planning and Zoning Commission to defer a recommendation on the Eagle Partners project. The reason for the deferment request is that the A.C.H.D. Commission has not sent a decision to the City of Meridian on the road through the proposed Eagle Partners project. I believe that it would be premature for the Commission to make a recommendation to the City Council without a commitment from the A.C.H.D. Commission on the proposed road. It has come to my attention that the A.C.H.D. Commission will discuss the matter at their May 20th meeting. After the Planning and Zoning Commission receives a decision from the A. C.H.D. Commission, the necessary parties can be notified and a public hearing can be called to allow all interested parties to submit comments and offer testimony. a MERIDIAN PLANNING & ZONING COMMISSION MEETING: APRIL 14, 1998 APPLICANT: EAGLE PARTNERS AGENDA ITEM NUMBER: 6 REQUEST: CONDITIONAL USE PERMIT FOR A CHEVRON C -STORE MCDONALD'S WITH DRIVE UP WINDOW AND IDAHO POWER CO. CREDIT UNION WITH DRIVE UP BANKING AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED MINUTES FROM 3/10/98 REVIEWED SEE ATTACHED COMMENTS i� Uv � I� C SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS BUREAU OF RECLAMATION: OTHER: SEE ATTACHED LETTER DATED 3/2798 AND LETTER DATED 3/16/98 All Materials presented at public meetings shall become property of the City of Meridian. Meridian lning and Sing Commission March 10, 1998 Page 2 do. We've been doing — playing this game for some time. It would be my suggestion in light of not having additional information from the powers to be which in this case happens to be ACHD that we continue this public hearing to our next regular scheduled meeting, which is April 10. Any comments, discussion? Borup: Sounds appropriate, so I move that we continue this public hearing until our next scheduled meeting of April 10. Maccoy: Second it. Johnson: We have a motion and second. Any further discussion to defer this until our next meeting in April? No further discussion then, all in favor of the motion. Opposed? MOTION CARRIED: All aye. ITEM NO. 2: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHEVRON C - STORE, MCDONALD'S WITH DRIVE UP WINDOW AND IDAHO POWER COMPANY CREDIT UNION WITH DRIVE UP BANKING BY EAGLE PARTNERS: Johnson: Same thing for item two. Do we agree on that? Smith: I agree. Johnson: Another motion please for the record. Nelson: Mr. Chairman, I would like to make a motion that we continue this public hearing until our next regularly schedules meeting on April 14tH Smith: Second. Johnson: Motion and second to also continue item two, the conditional use permit request until April the 14th. All in favor? Opposed? MOTION CARRIED: All aye. Johnson: Is there any questions from anybody in the audience? ITEM NO. 3: REQUEST FOR A CONDITIONAL USE PERMIT FOR A RETAIL SHOPPING CENTER — 2030 W. FAIRVIEW AVENUE BY TOM BEVAN: Johnson: At this time I will continue the public hearing and ask Mr. Bevan or his representative address the commission. Are we going through the swearing process? Prior: I believe we are. EE WILLIAM G. BERG, HUB OF TREAS*VALLEY • COUNCIL MEMBER JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer A Good Place to Live � ,�T CITY CITY O� WALT W. MORROW, President RONALD R. TOLSMA C BRUCE D. STUART, Water Works Supt. ll`/■, �H REDIAN j,BENTLEY M ROUNTREE GLENN JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. MERIDIAN, IDAHO $3642 P & Z COMMISSION SHARI L. STILES, P & 2 Administrator KENNETH W. BOWERS, Fire Chief Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building DeparUnent (208) 887-2211 JIM JOHNSON, Chairman W.L. 'BILL" GORDON, Police Chief Legal Department (208) 884-4252 MALCOLM MACCOY KEITH BORUP WAYNE G. CROOKSTON, JR., Attorney MARK NELSON ROBERT D. CORRIE BYRON SMITH Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 7. 1998 TRANSMITTAL DATE: March 18. 1998 HEARING DATE: April 14. 1998 REQUEST:_ Annexation rezone & conditional use — SUPPLEMENTAL BY: EAGLE PARTNERS LLC LOCATION OF PROPERTY OR PROJECT: NW comer of Eagle Road and Magic mew Drive — 603 S. Eagle Road JIM JOHNSON, P2 MALCOLM MACCOY, P2 MARK NELSON, P2 BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER PARKS DEPARTMENT CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELI &MEFINAL PLAT) IDAHO TRANSPORTATION D NT YOUR CONCISE REMARKS: ' t " e` n ^ryn OFFI IA A WILLIAM G. BERG, JR:, Clark JANICE L. SMITH, City YreaSurer GARY D. SMITH.'P,E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks SuRt. SHARI L. STILES, P & Z Administrlator KENNETH W. BOWERS, Fire Chk# W.L. "BILL" GORDON, Police Chlel WAYNE G. CROOKSTON, JR., Att¢mey KUB BF TREASU�ALLEY A Good Place 1l�Live CITY 0F.MEREDIAN. 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Legal Department (208) 884.4252 ROBERT D. CORRIE Mayor COUNrif MEMOVAS WALT W. MORROW,_Presidenr RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY PA Z COMMISSION JIM JOHNSON. Chairman MALCOLM MACCOY KEITH BORUP MARK NELSON BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, Pty Clerk by: April 7. 1998 TRANSMITTAL DATE:_ March 18, 1998 HEARING DATE: April 14, 1998 REQUEST: Annexation rezone $ conditional use — SUPPLEMENTAL INFORMATION BY: EAGLE PARTNERS LLC LOCATION OF PROPERTY OR PROJECT: NW comer of Eagle Road and Magic View Drive — 603 S. Eagle Road JIM JOHNSON, P2 MALCOLM MACCOY, P/Z MARK NELSON, P2 _BYRON SMITH, P2 _KEITH BORUP, P2 _,ROBERT CORRIE, MAYOR _RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _,KEITH BIRD, C/C _GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIREPER-ARTMENT _PO06E' DEPARTMENT CITY ATTORNEY _CITY ENGINEER _,CITY PLANNER PARKS DEPARTMENT CITY FILES MAR 2 3 1999 CITY OYMERIDIAN WASTEWATER DEPT MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) IDAHO TRANSPORTATION DEPARTMENT M, a ID A N' OFFICIALS HUB OF TREASU VALLEY • COUNCIL MEMBERS WILLIAM G. BERG. JR.; Cerk A. Good Place ive. WALT W., MORROW,.President:' RONALD R. TOLSMA JANICE L SMITH, City Treasurer ITV OF MERIDIAN GLENN M. R. BENTLEY EE -GARY D. SMITH, PF , Ciiy Engineer BRUCE D. STUART, Water WorK,s Supt. 33 EAST IDAHO JOHN T. SHAWCROFT, Waste Water Supt MERIDICAN DENNIS J. SUMMERS. Pana Supt. , IDAHO 83642 p 8 Z COMMISSION SHARI L. STILES, P & Z Administotor Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman KENNETH W. BOWERS, Fire Chief Public Works/Building Department (208) 887-2211 MALCOLM MACCOY W.L. -BILL" GORDON, Police Chie6 Legal Department (208) 884-4252 KEITH BORUP MARK NELSON WAYNE G. CROOKSTON, JR., AttQmey ROBERT D. CORRIE BYRON SMITH Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission,please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 7, 1998 TRANSMITTAL DATE: March 18, 1998 HEARING DATE: April 14, 1998 REQUEST: Annexation, rezone & conditional use — SUPPLEMENTAL INFORMATION BY: EAGLE PARTNERS LLC LOCATION OF PROPERTY OR PROJECT: NW comer of Eagle Road and Magic View Drive — 603 S. Eagle Road JIM JOHNSON, P/Z MALCOLM MACCOY, P2 MARK NELSON, P2 BYRON SMITH, P/Z KEITH BORUP, P2 ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT Y.FIRE gERA►RTMENT • POLICE DEPARTMENT. _CITY ATTORNEY _CITY ENGINEER CITY PLANNER PARKS DEPARTMENT CITY FILES VR 2 3 1998 CITY o MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT" IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: CENTS CENGAL DISTRICT HEA& DEPAR*ENT •• DISTRICT Environmental Health Division HFALTHL-B% DEPARTMENT Rezone # �� GSE f,4(Zr/dE2S Conditional Use # Preliminary / Final / Short Plat ❑ I. We have No Objections to this Proposal. Return to: ❑ Boise ❑ Eagle ❑ Garden City Q Meridian ❑ Kuna ❑ ACz MAR 31 1998 ❑ 2. We recommend Denial of this Proposal. ..,r MERIDIAN ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and MW 16MI 4 W. 1/91 Review Sheet water availability. ❑ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store ® 14. 5; Z5RA1 Ly-2�rl R VN- aI=/= rAA// % L /h 14*14-64 O hi l7' _ Da .e• 0 J AW *r oX1AZC A,&J;r /"41VAlsFME'iVT EAACTlCg Reviewed By: MW 16MI 4 W. 1/91 Review Sheet 25 March 1998 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 i 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 2Q**kC*?NXX 208-463-0183 Phones: Area Code 208 OFFICE: Nampa 466-7861 X XXXW)dMAX SHOP: Nampa 466-0663 xk*xxx)0W) ;kx RE: Annexation, Rezone & Conditional Use Permit - Supplemental Information - Eagle Partners LLC Dear Commissioners: The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 466-7861 for further information. All laterals and wasteways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH.•dln cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 0 • • 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 20WONXXXXX 208-463-0092 26 March 1998 COPY Phones: Area Code 208 CO I OFFICE: Nampa 466-7861 B R S Architects xxx&xxxx"MW 1087 W. River Street, Suite 160 SHOP: Nampa 466-0663 Boise, ID 83702 x*x-*ocx*x4( x RE: Land Use Change Application for Chevron/McDonald's and I.P. Co. Credit Union Dear B R S Architects: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for 'its review on the above - referenced development. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between you and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter please feel free to call on me at the District's office telephone numer listed above, or John Anderson, Water Superintendent, at the District's shop. Sincerely, A" -A -A- 4. � Donna N. Moore, Assistant Secretary/Treasurer cc: File Water Superintendent City of Meridian enc. - APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ALLEN B. ELLIS• STEPHEN C BROWN MAX M. SHEILS, JL -Also Admitted in C Iifomnia 0 LAW OFA ELLIS, BROWN & SHTILS, CHARTERED P.O: BOX 3S8 BOISE, IDAHO 83701 VIA FACSIMIi F TRAIVSMISSTnN (208) 887-4813 (Facsimile) (Original to Follow U.S. Mail) March 16, 1998 Mr. Jim Johnson, Chairman Meridian Planning and Zoning Commission City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Ms. Shari Stiles Meridian Planning and Zoning 200 East Carlton, Suite 201 Meridian, Idaho 83642 Re: Application of Eagle Partners Eagle Road and Magic View Drive E13S No. 6162.2 Dear Mr. Johnson: 707 NORTH 8TH STREE1' OFFICE (208) 345.7832 FAX (308) 348.9564 �,FcE�D MAR 16 1998 POSt-if" FaX Note 7671 FO -at -2 _ Phone # NERIDUN In December 1997 Eagle Partners filed their application for annexation, rezone, and a conditional use permit for a Chevron/McDonalds and Idaho Power Federal Credit Union at Eagle Road and Magic View Drive. As originally filed, the application did not provide for a new road running westerly from the existing signal at St. Lukes Hospital into Magic View Subdivision, since the road was not desired by the applicant or the neighbors to the north. Eagle Partners believes the signal should be moved south to Magic View Drive. As a result of a recent meeting among the Meridian City Council, the Ada County Highway District board, and representatives of the Idaho Transportation Department board and engineering stiff, it is apparent that the existing signal will not be moved so.Ith to Magic View Drive and that a new road running westerly from the existing signal into Magic View Subdivision will be required as a condition of development in the area. MAR 16 '98 11=27 208 345 9564 PAGE.01 Z IvIr• Jim Con, Chairm4 • • Meridian Planning and Zoning Commission March 16, 1998 Page 2 The Planning and Zoning hearing of March 10 on the Eagle Partners application was deferred to April 14 in order to permit the applicant to redesign its site plan to provide for the required roadway. Eagle Partners are concerned that this change in the site plan may constitute a material change in the plan from that for which notice was previously provided to the adjacent landowners and the public. In order to prevent any action of the City of Meridian from being challenged on the basis of insufficient notice, Eagle Partners would request that the city provide new notice of the application and the April 14, 1998, Planning and Zoning hearing, which would include posting, mailing to the persons to whom notice was previously mailed, and publication in compliance with the Meridian Zoning Ordinance. I have discussed this with Wayne Crookston, the city attorney, and he concurs that it is appropriate. Because the of the proximity of the hearing date, we would request that the earliest possible attention be given this matter. Thank you. Very truly yours, Ah. WN & SHEILS, CHARTERED ro SCB:dIm xc: Clients (Via U.S. Mail) Billy Ray Strite (Via U.S. Mail) JoAnn Butler (Via U.S. Mail) MAR 16 '98 1127 TOTAL P.02 208 345 9564 PAGE.02 ARCHITECTS BRS Architects, A.I.A. 1087 West River Street, Suite 160 Boise, Idaho 83702 Telephone 208 336-8370 Fax 208 336-8380 City of Meridian 33 E. Idaho Meridian, ID 83642 0 EaS% *r fAerr j?-EcETvED MAR 3 1 1998 CI'"ry CF ;MERIDIAN March 27, 1998 Re: Annexation and Rezone Application (County RT to City C -G) Lot 1, Magic View Subdivision BRS Project No. 9646 We, BRS Architects, in the person of Drew Ebright, do certify that posting of scheduled hearing date and time was placed on- site as required on March 27, 1998. Signature: Drew Ebrigh r BRS Architects signpost.ing MERIDIAN PLANNING & ZONING COMMISSION MEETING:_ MARCH 10, 1998 APPLICANT: EAGLE PARTNERS LLC AGENDA ITEM NUMBER:—2 REQUEST: REQUEST FOR CONDITIONAL USE PERMIT FOR A CHEVRON C -STORE MCDONALD'S W DRIVE UP WINDOW AND IDAHO POWER CO. CREDIT UNION WITH DRIVE UP BANKING AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED MINUTES OF 2/10/98 rp OTHER: SEE ATTACHED LETTER FROM ST LUKES DATED 3/5/98 All Materials presented at public meetings shall become property of the City of Meridian. 190 East Bannock Boise, Idaho 83712 208-381-2222 Edwin E. Dahlberg President Mayor and City Council City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Idaho Transportation Department Board of Directors 3311 West State Street Boise, ID 83703 JL y .Lukds Regional Medical Center I FR C� . March 5, 1998 F 05 1998 Ada County Highway District Commission 317 East 37th Street Boise, ID 83714 Re: Eagle Road/St. Luke's Driveway Ladies and Gentlemen: We have been advised that the ACHD Commissioners, the Meridian City Council and ITD representatives will be meeting on March 5, 1998, to discuss the issue of the possible relocation of the signal on Eagle Road which provides access into St. Luke's Meridian Medical Center (St. Luke's). We understand that the point of discussion is whether or not to relocate St. Luke's main driveway currently located at its present location to a location south of Eagle Road that aligns with Magic View Drive. The relocation of this signal would place a costly burden on St. Luke's and hinder the internal circulation patterns of the St. Luke's campus. As you prepare to discuss any present or future applications to relocate the signal at the St. Luke's entrance, you must review some of the history regarding this project. In April 1994, St. Luke's made application to the City of Meridian for annexation and for a conditional use permit to construct a medical facility on 37 acres at 520 South Eagle Road. Based upon years of planning, St. Luke's submitted a plan which described the location of the proposed structure, parking and loading areas, traffic circulation patterns, open spaces, landscaping, refuse and service areas, utilities and signage. This plan was submitted and approved by the City of Meridian on April 26, 1994. AN AFFILIATE OF VHAs' 1850871 E Mayor and City Council, City of Meridian Idaho Transportation Department, Board of Directors Ada County Highway District Commission March 5, 1998 Page 2 • To achieve the benefits of a closed campus design, St. Luke's specifically sized the Eagle Road site at almost twice the area of the downtown Boise campus (37 acres vs. 22 acres). The campus was planned to accommodate medical service development, parking and circulation at levels comparable to the downtown campus and was master planned to create a closed campus that would be compatible for pedestrians and vehicular traffic. St. Luke's met with ITD staff to discuss the location of a signal to accommodate the master plan. Initially, the preferred signal location was at a central point between the Eagle interchange to the south and Montvue Park Subdivision to the north across from Magic View Drive. The Idaho Department of Transportation traffic engineers stated that they would not allow St. Luke's to place a signal at this location because there would not be adequate distance between the Eagle off -ramp and the proposed signal. Based upon that decision, the signal was moved to the far northern boundary of the hospital site, which is its present location. The overall St. Luke's master plan was redesigned to allow circulation to be provided from a controlled signal (its present location) and from a private drive into the St. Luke's campus. A relocation of the signal now would impair the present circulation patterns of the St. Luke's campus. See attached letter dated February 21, 1995. We understand that ACHD has discussed the possibility of redesigning the St. Luke's entrance, which provides access into its existing campus. Our concern is the ingress and egress was approved by the City and ITD and reviewed by the neighbors of Montvue Park Subdivision. The neighbors requested a landscaping buffer between the fence and the existing driveway, which St. Luke's provided. As we understand ACHD's proposed revisions, ACHD would eliminate the median and reduce or remove the landscaping strip on the north side of the existing driveway. St. Luke's has made a point of being a good neighbor and this action would be contrary to the neighbors' wishes. Our concern is that the plan showing new turn lanes, has never been discussed with St. Luke's. How can this modification on St. Luke's private property even be explored or considered when St. Luke's has not been consulted? Based upon existing and proposed development on the west side of Eagle Road (the Jackson Texaco and Chevron service and convenience stores), discussion has commenced in regards to adding an additional signal east of the Jackson Texaco Station (the intersection of Magic View Drive and Eagle Road), which is the original location of the proposed St. Luke's request. The engineers would need to determine the cost for a new signal at Magic View Drive. 185087_1 • Mayor and City Council, City of Meridian Idaho Transportation Department, Board of Directors Ada County Highway District Commission March 5, 1998 Page 3 • Relocating the signal to Magic View Drive would not change the original concerns of ITD. The signal would still be too close to the Eagle Road interchange. The location of the signal at this location would impede traffic and cause more traffic congestion exiting from the freeway. In order to accommodate a new signal on Eagle Road, an additional signal may need to be constructed at the Eagle off -ramp to stop traffic as it gets off the freeway where now there is a free right turn (cost unknown) and the interchange may need to be redesigned (cost unknown). A similar situation has occurred at the Broadway interchange in Boise. It would seem that this solution would not be cost effective. At one point in time, St. Luke's indicated that it would not oppose a signal relocation. St. Luke's is now constructing Phase II. Based on the experience of Phase I and new traffic studies, St. Luke's now does not support the relocation of the signal. St. Luke's would not be opposed to adding another signal at Magic View Drive if the necessary improvements were done at no cost to St. Luke's, and that St. Luke's be compensated for those changes that would need to be made to the entrance and internal circulation of the St. Luke's property to accommodate the new location of the signal. A signal at Magic View Drive would create stacking issues on St. Luke's property, and the entryway and circulation patterns would need to be redesigned. In conclusion, St. Luke's master plan will involve more building at some point in the future. Based upon the new -studies, leaving the existing signal alone is the preferred alternative. The next alternative would be to add a second signal, provided it is done at no cost to St. Luke's, and St. Luke's is compensated for any loss of use or damages and the redesign required. We hope that our comments will provide you with some assistance in your discussions. Please advise us if you have questions or need further information. Very truly yours, ST. LUKE'S REGIONAL MEDICAL 185087_1 TRANSPORTATION DEPARTMENT DISTRICT 3 • P.O. BOX 8028 • BOISE, ID • 83707-2028 • (208) 334-8300 February 21, 1995 Doug Houston Olson & Associates Architects 14 12th Avenue South, Ste 210 Nampa, ID 83651 RE: Access to St. Lukes Dear Mr. Houston: Your proposed plans for the St. Lukes Hospital Annex on Eagle Road have been reviewed. Headquarters Management found that the proposed approach in the full control of access area is not acceptable. The full control area is necessary to maintain adequate traffic operations on Eagle Road in the vicinity of the interchange. It appears that the approach location could be moved to the north to provide an access that would be acceptable in the partial control of access area. The other approach shown further north in the partial control area is better located and would be the best location for a future signalized intersection. If I can be of further assistance, please call me at 334-8340. Sincerely, GARY W. MOLES, P.E. District Traffic Engineer GWM:tm - An Equal Opportunity Employer - 144Olson & Aswciatec k Architteds FEB 2 4 1995 U @ E 9 W • , OOltg & �ruman, C 4arfm ATTORNEYS AND COUNSELORS AT LAW P.O. BOX 10 77 IDAHO STREET HERITAGE BLDG., SUITE 300 HOWARD R. FOLEY MERIDIAN, IDAHO 83680 MARK S. FREEMAN March 10, 1998 MARGARET S.SCHAEFER JOSEPH W. BORTON To : Mr. Jim Johnson, Chair Meridian Planning and Zoning Commission 33 East Idaho Meridian, Idaho 83642 RECwED MAR t o 1pg CM 01: AffAIMAN TELEPHONE (208) 888-9111 FACSIMILE (208) 888-5130 Re: Eagle Partners / Greenhill Estates Dear Mr. Johnson and Commission, Please accept this letter on behalf of Greenhill Estates regarding the public hearing scheduled for this evening. It is Greenhill Estates request that the hearing be deferred until such time as ACHD and / or ITD resolve issues of roadway placement at this project. Since your last meeting there has been an ACHD meeting at which the commission directed its planners to consult with ITD regarding this issue. That consultation has occurred with ITD members present at that meeting indicating that they are not open to moving the present signal light to a new location, at Magic View , and ACHD members present holding to their opinion that a roadway east of the present signal down our back yards is the best senior. Our homeowners are adamantly opposed to such a roadway as proposed by ACHD staff and have indicated a continuing desire to have a full, public hearing on the issue before the commission. It is apparent to us that this commission is without a proposal or other information to move ahead on the Eagle Partners request, and respectfully request deferral until that information is available to all for public discussion and comment. Sinc ly urs, How . 01; ARCHITECTS BRS Archirew., ALA 1087 West River Street. Suite 160 Aolse, Idaho 83702 n1ephane 208 336-8370 Fax 208 3364380 City of Meridian 33 E. Idaho Meridian, ID 83542 Attn: Will Berg Dear Will: kECEIVED MAR 1 0 1998 ?,*!T OF MERIDIAN March 10, 1998 In behalf of the applicant, Eagle Partners, we are hereby requesting a 30 day deferral for MCU -43 -97 - As you are aware, ACHD and the Meridian City Council have come to the unfortunate conclusion that a new roadway will be required, thus necessitating a total site redesign_ The attached revised site plan demonstrates that the remaining site is of sufficient size to meet all City requirements. I have briefly discussed this issue with Shari and have asked that the new plan be properly advertised for next month's Hearing. We appreciate your assistance and apologize for the poor timing, however it was not until this morning that we were able to meet with ACRD. By virtue of this letter and my discussions with Shari, we will not be in attendance this evening and trust the Planning and zoning Commission will respond accordingly.' BRS:cw cc: Eagle Partners - Ellis, Brown & Sh JoAnn Butler MAR 10 198 16 32 208 336 8380 PAGE.02 F -U L\ -1\. rlKl.n 1 1 Cl. I b 208 336 8380 P 03X03 f � 6 � � � GH�NRON/McDONALD'8 e.� g J Q �I.x!r�.a. vCoO�o. C. nRmClcDnITwu UoNwvIIJe, Nr�(oluv 101.4 r7MAFI MAR 10 9B 1633 ARCHlccT6 TOTAL P.03 208 336 8380 poop P-7 •r 1. This item was deferred from the meeting of January 14, 1998 with these instructions to staff: a. Assure that the neighborhood was notified of the discussion of the item by the Commission. b. Prepare a scale drawing of the proposed intersection, as recommended by staff. The full staff report on the application is attached. 2. Staff has contacted people residing the area of the meeting time and advised them this staff report is available. Staff has been unable to reach Mr. Wall, who offered to be the neighborhood contact at the January 14 meeting. He apparently has an unlisted number and did not leave one with the District. Staff has contacted other residents of Greenhill Estates Subdivision and will mail this report to Mr. Wall. 3. Staff has prepared the attached drawings to aid the Commission and the neighborhood understanding of the specific proposal being made by staff and to serve as a basis for discussion during the meeting. The drawings show a short term intersection plan and a long range intersection plan, with two variations for the extension of the roadway through the subject parcel. a. Short Tema. Until traffic grows to an unacceptable volume, the lane configuration for the new street could be as follows (See the attached drawing): i. New Street: (1) one west bound lane (2) one westbound left turn lane for subject development (3) one eastbound left turn only lane (4) one eastbound left turn -through -right turn lane. ii. North Approach (southbound Eagle Road) - striping would remain unchanged. (1) two southbound lanes (2) one left turn lane (3) two northbound lanes. iii. St. Luke's Driveway - would change as follows; (1) two eastbound lanes (existing) (2) one westbound right turn lane (existing) (3) one westbound left turn lane (existing) ada county highway district ecu43Page 1 Page 1 318 East 37th • Boise, Idaho 83714-6499 . Phone (208) 34.5-7680 MAY 05 '98 11=26 208 345 7650 PAGE.01 Post4t° AA To CoJDept� � r SUSAN S. EASTIAKE, President GARY E. RICHARDSON, Vice President Phone M Fax '{« SHERRY R. HUBER, Secretary PLANNING AND DEVELOPMENT DIVISION Date: February 4, 1998 To: ACRDC m i n From: L al nn an Development Supervisor . Subject: MCU -43-97 603 Eagle Road Eagle Road/St. Luke's Driveway Meeting Date: February 11, 1998 FACTS AND FINDINGS: 1. This item was deferred from the meeting of January 14, 1998 with these instructions to staff: a. Assure that the neighborhood was notified of the discussion of the item by the Commission. b. Prepare a scale drawing of the proposed intersection, as recommended by staff. The full staff report on the application is attached. 2. Staff has contacted people residing the area of the meeting time and advised them this staff report is available. Staff has been unable to reach Mr. Wall, who offered to be the neighborhood contact at the January 14 meeting. He apparently has an unlisted number and did not leave one with the District. Staff has contacted other residents of Greenhill Estates Subdivision and will mail this report to Mr. Wall. 3. Staff has prepared the attached drawings to aid the Commission and the neighborhood understanding of the specific proposal being made by staff and to serve as a basis for discussion during the meeting. The drawings show a short term intersection plan and a long range intersection plan, with two variations for the extension of the roadway through the subject parcel. a. Short Tema. Until traffic grows to an unacceptable volume, the lane configuration for the new street could be as follows (See the attached drawing): i. New Street: (1) one west bound lane (2) one westbound left turn lane for subject development (3) one eastbound left turn only lane (4) one eastbound left turn -through -right turn lane. ii. North Approach (southbound Eagle Road) - striping would remain unchanged. (1) two southbound lanes (2) one left turn lane (3) two northbound lanes. iii. St. Luke's Driveway - would change as follows; (1) two eastbound lanes (existing) (2) one westbound right turn lane (existing) (3) one westbound left turn lane (existing) ada county highway district ecu43Page 1 Page 1 318 East 37th • Boise, Idaho 83714-6499 . Phone (208) 34.5-7680 MAY 05 '98 11=26 208 345 7650 PAGE.01 .r 0 (4) one westbound straight -left turn lane (striping change - no construction). (5) new signal pole and mast arm at SE corner of intersection. iv. South Approach (northbound Eagle Road) - striping changes as follows; (1) two southbound lanes (existing) (2) two northbound lanes (existing) (3) one right turn lane (existing) (4) one left turn lane (new striping, installation of detection loops, no construction). The signalization of this intersection would have to be a split phase operation because of an alignment offset with the existing lanes of St. Luke's driveway and the shared through/turn lanes. This would be cured in the long term design, described below. b. Long Term Preservation Option. The area west of Eagle Road and north of 1-84 is currently developed at very low density (5 -acre lots). It is designated by Meridian's Comprehensive Plan for development as "Planned Development' and "General Commercial", which could generate more than 20,000 vehicle trips per day at build out. In order to provide safe and adequate access to this area and preserve the function of Eagle Road, a double tum lane into the proposed street from Eagle Road should be planned. 1. New Street. (1) two westbound lanes (2) two eastbound left turn lanes (3) one eastbound through -right turn lane (new construction). ii. North Approach (Southbound Eagle Road) (1) two southbound lanes (existing) (2) two southbound left turn lanes into St. Luke's (requires added lane, adequate right-of-way exists) (3) two northbound,lanes (two lanes currently exist, would require new lane north of St. Luke's driveway for the added left turn lane). iii. East Approach (St. Luke's Driveway) (1) two eastbound lanes (existing) (2) two westbound left turn lanes (one existing) (3) one westbound lane (existing) (4) one westbound right turn lane (exists, but would have to be moved to the north to accommodate added left tum lane, requires removal of existing median). iv. South Approach (Northbound Eagle Road) (1) two northbound lanes (existing) (2) two southbound lanes (existing) (3) two northbound left turn lanes (would require adding one lane to Eagle Road. Right-of-way exists, construction required). The proposed intersection design provides 35 -feet between the edge of the sidewalk location and the boundary line of the Greenhill Estates Subdivision, which also the property line of the lots in Greenhill Estates. It will be 33 -feet between the right-of-way line and the property line. There will be approximately 160 -feet between the right-of-way line and the nearest dwelling. The area between the back of sidewalk and the property line can be used to construct an 8 -foot high landscaped berm between the residences and the roadway. A license agreement will be necessary to use the 2 -feet of land between the back of sidewalk and the new right-of-way line, but the area between the right-of-way line and the subdivision boundary can be deeded to the Greenhill Estates Homeowners' Association for their own use and maintenance. In an earlier meeting, the Commission discussed the possibility of assisting the mitigation of the roadway. If the berm is constructed with the construction of the roadway, it will be less costly and will provide an area for landscaping that will be grown to maturity by the time the volume on the roadway becomes significant. MAY 05 '98 1127 xiec\mcu4397.co3ft Page 2 208 345 7650 PAGE.02 4. There are two variations to the westward alignment of the proposed new street. These are shown on the attached drawings. The variations are shown on both the "short term" and "long range" drawings. a. The drawing "Variation A" shows the roadway curving to the south along the property line between the subject site and the neighboring 5 -acre lot to connect with Magic View Drive. This connection can align with the western driveway of the Jackson's Convenience Store on the south side of Magic View Drive, 270 -feet from the intersection of Magic View Drive and Allen Street and 325 -feet west of Eagle Road. Allen Street and Magic View Drive are both local streets. This location would meet District policy for offset on a local street. Variation A will create a double frontage situation with the subject lot. b. Drawing "Variation B" shows the roadway curving south farther west of this site and connecting to Magic View at Allen Street. This alignment will provide space for a second commercial or office lot between the roadway and this subject site. Allen Street is about 600 -feet west of Eagle Road. Extension of the street would be required by the District as the property develops. The cost of extending the road should be the responsibility of the developers of the property, so that those who receive its benefit will pay for it. This variation will use 31% less right-of-way than Variation A and avoid the double frontage situation with the subject lot. Both variations meet collector street alignment standards. 5. The Commission should assure the neighbors that this road will not be allowed to be extended as a gigg route between Eagle Road and Locust Grove Road, an item that caused concern during previous discussions of the subject. However, it should be noted that development of the vacant land to the west will probably create an indirect street connection between Eagle Road and Locust Grove Road. 6. This road, like Plaza Street in Eagle, is of such importance for the future protection of the transportation system and safe development of the area that the District should participate financially in the preservation of its location. Staff recommends that the District designate the first 300 -feet, or more depending on the variation selected by the Commission, of this roadway a collector and acquire the right-of-way for this roadway using impact fees collected from within the area which it will serve. The roadway can then be extended by the developers of the property through which it will extend and pass the cost on to their customers who will benefit from it. POLICY IMPLICATIONS: 1. The District, ITD and Ada Planning Association have all expressed the need to protect the capacity and safety of Eagle Road (S.H. 55), as the major north -south transportation facility in Ada County. Maintaining the current location of the traffic signal at St. Luke's driveway will maximize the protection of Eagle Road. 2. One unsignalized connection to Eagle Road (Magic View Drive) will not be adequate to accommodate the traffic expected to be generated by the land west of Eagle Road. A traffic signal should not be installed at the Eagle Road/Magic View intersection. (See previous reports by ACHD staff and ITD staft). 3. The Commission has the authority and responsibility to designate the location and alignment of collector roadways. The expenditure of impact fees collected from developing land on collectors that serve that development is an appropriate use of the fees, authorized by the Idaho Development Impact Fee Act and the Ada County Highway District Road Impact Fee Ordinance. Page 3 MAY 05 '98 11:28 208 345 7650 PAGE.03 FINANCIAL IMPLICATIONS: 1. In a conversation with the previous developer of this site, staff understood the site to cost $7.75 per square foot. Documentation of the value would be required prior to any acquisition by the District. 2. Variation A will result in the acquisition of 49,700 -square feet of right-of-way from the subject parcel, at an estimated cost of $385,175, at $7.75 per square foot. Note that the value has not been verified. The cost of the right-of-way would be offset against the impact fee to be paid by this property. That impact fee is estimated to be $90,000 from this site, using current impact fee rates and without an individual assessment. The balance should be reimbursed from revenue in the West Ada Benefit Zone 5. Construction of that portion of a collector road beyond a local street standard should also be financed by the District. The centerline length of this segment is 360 -feet. The estimated cost of the construction that is the responsibility of the District is $30,000, making a total of $415,000 to be financed from impact fee revenue. 3. Variation B will result in the acquisition of 37,800 -square feet of right-of-way, at an estimated cost of $293,000, using the same value per square foot. The cost of construction would also be less than Variation A, estimated at $25,000 for 320 -feet of centerline length, making a total cost of $318,000. 4. The West Ada Benefit Zone 5, in which this area is located, had an account balance of $1,252,154 at the end of December, 1997. The District collected $3,493,048 in this benefit zone last fiscal year, and expended $3,124,191. $2,620,850 is budgeted for expenditure on District projects in this fiscal year. 5. The Meridian Comprehensive Plan shows this area to be developed as a mixture of commercial and office uses. In staffs opinion, the St. Luke's success is indicative that the projected land use is accurate and that office and medical related uses will develop rapidly on this easily available land. Development of the land (about 30 -acres) for a mixture of 35% commercial and 65% office will generate $713,000 in impact fees at build out, using existing impact fee rates. 6. The 80 -acre parcel to the west could develop as a wide variety of residential or non-residential uses. Impact fee revenue from its development could also be used for partial payment of this connection to Eagle Road. 7. In earlier discussions, the Commission identified a tentative figure of $20,000 that the Commission would be willing to expend on mitigation of the roadway. RECOMMEjVDATIONS: 1. Designate a new collector route, connecting to Eagle Road opposite the St. Luke's driveway and extending at least 300 -feet west in order to adequately accommodate the traffic that is expected to be generated by the projected use of the land west of Eagle Road. 2. Approve Variation B, as shown on the attached drawing as the appropriate extension of the road. 3. Authorize staff to proceed with negotiations to acquire the right-of-way for the long range configuration from the owner of the subject site, based on Variation B. 4. Adopt the other Findings of Fact and Site Specific Requirements contained in the attached staff report on the development application that are not in conflict with these recommendations. Miec\mcu4397.com Page 4 MAY 05 '98 11=29 208 345 7650 PAGE.04 MAY 05 '98 11:30 208 345 7650 PAGE.05 �,I .: dl, i� �,f �� �d� �� �� � �I��. �'r'I, n.. A�� �n� '�I aI�' ,�� {i�. .. '�r�::�% I;•I �I. I:::: i ar ' I : ''�:, ti. ,,. , :� ;�.�I;I 'I:': •,:,� l, ��I:i-:�:',I�'�u i' IIP'' ��' � ' I ' —777-77 1Y��h •w 7 ..•r�. I, � r�'�tYl 7���� _ �� 1 _��'� 1'1•"_ ,�1� �; 7b� •Y""r � t_ �'„ 1 I,: �y�., :'wl-•Iv�C:'Lp,:,� ;rS.• :9�.1 �,. �� ..FaJ:_ :: 17, �'� � : y : �I �'U :I 'I 11. • ' . y, .: Y 'b . r' ' .. .:... iV,J r. ' :. .' �,i � � � ': ';�:i !1� �F .! �•' � 1~� • :Jt ! 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''�• _�,;,�•="' ..: iii � ��I;��� fir � :�:, �I,',• r:, +b.,,�n,Y;r:in..�.�:+�,;�� i.: r�. •........._.. � �, •� �1• ', ' : 'il L... h,l' 'I,iv � � 1i '.I•..l � , �:I T�: I' II' �, i.l'• � ..:, .IIS I' 1�:Y;'','. ':I II,, V. �.J '.l � :. ..... .J� � �.: A.. „Ntiu:;:.G,i�t{, rau ^•'rLLAF'L b� v+ Meridian Planning & Ring Commission • February 10, 1998 Page 17 weren't, are responses to requests by applicants so that the process moves forward. And that's what we have done as recently as the one for the City of Meridian and the Plumber's Union. Borup: Right, and that was a time factor. Here does not look like that may not necessarily be the case. Johnson: That's absolutely correct. Borup: I move we continue the public hearing to our next regularly scheduled meeting on March 10th. Smith: Second. Johnson: I didn't get all that — but it was a motion and a second to continue until March 10th. When we pick a date certain like that what it does is it does not make it necessary for us to re -notice it and that's why we want to do it to a date certain, so we have a motion and a second to defer it until March 10th. All in favor of that motion? Borup: Not to defer but to continue? Isn't that what we're — Johnson: -- Continue — till March 10, 1998. MOTION CARRIED: All aye. ITEM #10: CONTINUED PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHEVRON C -STORE, MCDONALDS W/DRIVE UP WINDOW AND IDAHO POWER COMPANY CREDIT UNION W/DRIVE-UP BANKING BYEAGLE PARTNERS LLC — NW CORNER OF EAGLE ROAD AND MAGIC VIEW DRIVE. Johnson: Now continue this public hearing. Is there anyone here that would like to comment from the public regarding this hearing? If not then I would recommend that we take similar action on item number ten that we did with item number nine. Nelson: Mr. Chairman, I would like to motion that we continue the public hearing until our regular scheduled meeting on March 10tH Smith: Second. Johnson: Motion is second to continue this public hearing until March 10, 1998. All in favor? Opposed? Meridian Planning &ming Commission February 10, 1998 Page 18 MOTION CARRIED: All aye. ITEM #11: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT BY TRIPLE T INC. d/b/a SMOKEY MOUNTAIN PIZZA & PASTA — NE % NW % SECTION 7, T.3N.,R1 E: Johnson: I'll now open this public hearing and invite the applicant or the applicants represented to be sworn and come before the Commission. Prior: Sir would you state your name and address? Michener. Roger Michener, 2000 Mountain Cove Road, Boise. Prior: And would you spell your last name for the record please. Michener: Michener. Prior. Do you promise, swear or affirm that the testimony you give will be the truth, the whole truth, and nothing but the truth? Michener Yes. Prior: Proceed sir. Johnson: If you just briefly want to tell us what you've got planned.I understand there might be a change in the tenant. Michener Yes that's a possibility. We haven't finalized our lease with Smokey Mountain — (end of tape) — whether they'll end up being the occupant we are negotiating with two other very similar operations. Pete's Sandwich Shops and uh — so we would like to proceed with the application if possible even though we don't have anything finalized with Smokey Mountain. Johnson: Anything further? — We probably have some questions though. Michener. — answer questions I guess. Johnson: Questions from the Commissioners? Nelson: Were there any staff comments prepared on this? Johnson: Yes there are. There's a letter from Bruce Freckleton, Assistant City Engineer, that's quite extensive dated February 4n Borup: I did not get that in my packet. MERIDIAN PLANNING & ZONING COMMISSION MEETING: February 10, 1998 APPLICANT: EAGLE PARTNERS LLC AGENDA ITEM NUMBER: 10 REQUEST: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHEVRON C -STORE, MCDONALD'S W/DRIVE UP WINDOW AND IDAHO POWER COMPANY CREDIT UNION W/DRIVE UP BANKING AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoeg Commission January 13, 1998 Page 58 Johnson: Quickly, I will open the public hearing for item number ten. We need to do this as a formality, if nothing else. It's the same applicant. It's a conditional use permit. If someone would like to testify on this item, anything additional, you are welcome to do so. If the applicant would please address the podium and be sworn, and we ask for prior testimony to be incorporated if that's your desire. DON CARNAHAN was sworn in by City Attorney. Carnahan: I need to make a request that my testimony from my previous item be included in this item. I would like to do that. Johnson: Yes, that would help. Okay. Thank you. Doe anyone else want to say anything? Yes, sir, Mr. Piper. DENNIS PIPER was sworn by the City Attorney. Piper: I'd like to have my previous statement on item number nine incorporated into the conditional use permit please. Johnson: Okay, and in your statement you are referring to your written statement. Piper: Written statement and oral statement. Johnson: Thank you. Okay, anything else? Anybody else? At this point I'll close the public hearing. I'll close this public hearing. Smith: Mr. Chairman, I'd like to make a motion that we table this item to February 10th to be heard concurrently with item number nine which was tabled as well. Borup: Second Johnson: Motion is seconded. Table this item number ten as was item number nine. All in favor of that? Opposed? MOTION CARRIED: All yea. Johnson: In the interest in time I am going to skip quickly to item number thirteen. That is an executive privilege here so we can get that out of the way. I don't anticipate any testimony. ITEM NO. 13 — REQUEST FOR ANNEXATION AND ZONING OF 4.13 ACRES TO C -G BY EAGLE PARTNERS LLC — NW CORNER OF EAGLE ROAD AND MAGIC VIEW DRIVE: Meridian Planning & Zoa Commission January 13, 1998 Page 59 Johnson: I will now open the public hearing. Is there anyone here that would like to reply. Seeing no one — we have had a request for a deferral on this item, and that is why the people aren't here, so we'll continue public hearing. We will not close it, and defer to the date certain of February 10, 1998. Smith: Mr. Chairman, I would like to make a motion that we defer this item to February 10th Borup: Second. Johnson: Moved and seconded. We defer item number 13 and continue the public hearing until February 10, 1998. All in favor? MOTION CARRIED: All yea. Johnson: Item 14 is related. Same thing. I will now open this public hearing. This is a REQUEST FOR CONDITIONAL USE PERMIT FOR A CHEVRON C -STORE, MACDONALD'S W/DRIVE UP WINDOW AND IDAHO POWER COMPANY CREDIT UNION W/DRIVE UP BANKING BY EAGLE PARTNERS LLC — NW CORNER OF EAGLE AND MAGIC VIEW DRIVE: Is there anyone here that would like to testify on item number 14, and again, we have a request for a deferral on this item. Seeing no one then, I will continue this public hearing with a motion, if that's your pleasure. Smith: Mr. Chairman, I would like to make a motion that we defer this public hearing and continue this public hearing until February 10th Borup: Second. Johnson: Motion and second to defer this item number 14 until February 10, 1998. All in favor. Opposed? MOTION CARRIED: All yea. Johnson: Item number 11 we will move into now is a public hearing REQUEST FOR A PRELIMINARY PLAT, 48 LOTS FOR THE VILLAS AT THE LAKES SUBDIVISION BY STEINER DEVELOPMENT — NW OF CHERRY LANE VILLAGE NO. 1: I will open this public hearing and invite the applicant or the applicant's representative to address the commission. STEVE BRADBURY was sworn by the City Attorney. FEB 10 1998 ")r MERIDIAN HOWARD R. FOLEY MARK S. FREEMAN MARGARET S.SCHAEFER JOSEPH W. BORTON ATTORNEYS AND COUNSELORS AT LAW P.O. BOX 10 77 IDAHO STREET HERITAGE BLDG., SUITE 300 MERIDIAN, IDAHO 83680 February 10, 1998 Mr. Jim Johnson, Chair Meridian Planning and Zoning Commission 33 East Idaho Meridian, Idaho 83642 Dear Mr. Johnson, TELEPHONE (208) 888-9111 FACSIMILE (208) 888-5130 Re: Eagle Partners / Greenhill Estates Please accept this letter on behalf of Greenhill Estates regarding the public hearing this evening on behalf of Eagle Partners. It is Greenhill Estates request that this matter be deferred until such time as ACHD's public hearing process regarding moving signal lights on Eagle Road as well as the proposal to construct a major arterial westerly off Eagle Road on the South boundary of our neighborhood. ACRD has noticed the latter proposal for public hearing for February 11, 1998 and the neighborhood will turn out in force to opposed that ill conceived proposal. Until these major issues are resolved and the ACHC Board is in a position to make a recommendation to Meridian Planning and Zoning it is futile to hold public hearings forcing all participants and well as P & Z itself to guess at what those major parts of the proposal are. If it is the decision of your board not to defer this public hearing to another date then it is Greenhill's request that the. public hearing be left open for further testimony from our association at you next scheduled meeting. Sin�erel s;' . Howa Foley��r� I HAWLEY TROXELL EN NIS & HAWLEY LLP A LIMITED LIAOILITY PARYNERSHIM OF ATTORNE7?,i AND COUNSELORS PHILLIP M. BARBER EMail: PMBQHTEM.COM Via Facsimile Mr. Jim Johnson Chairman, Meridian Meridian City Hall Meridian, Idaho 877 MAIN 5TREET. SUITF- 1000 POST OFFICE BOX 1617 BOISE, IDAHO 83701-1617 Tr"PMONE 12081344-60010 rACSIMILC 12081 342-3828 February 10, 1995 Planning & Zoning Commission FES i 9 1998 MY OF MERIDM Re: Eagle Partners Application for Annexation, Rezoning and CUP Dear Mr. Johnson: This office represents Jacksons Food Stores with respect to the proposed public hearing scheduled for this evening concerning the Eagle Partners' applications. On behalf of Jacksons Food Stores, we request that this hearing be continued until such time as a determination has been made by the Ada County Highway District Board concerning an unplanned new road which has been urged by the ACRD staff. This matter is presently scheduled for its. ACIID hearing tomorrow evening. The road which is proposed by AC14D staff and opposed by the City of Meridian, the neighbors, Eagle Partners and Jacksons rood Stores gives the project wluch is the subject of those applications a punitive competitive advantage over the new Jacksons store, acid greatly damages the entire planning process in this area adjacent to the City of Meridian. Jacksons Food Stores made an appreciable investment at the corner of Magic View and Eagle Roads based on existing roads and plans and planning documents. Until ACIID's Board determines whether it will ignore all of those documents, Jacksons Food Stores must oppose approval for these applications. I f you have any questions concerning this matter, please do not hesitate to contact me. PMB/dnr cc: John Jackson 877 MAIN STREET 23UITE 1000 POST Or'TICE DOX 1617 OCISE. 112AnO 83701-1617 TFLEPMONC 12081 344-8000 FACSIMILE IwOAI 042-313U0 FEB 10 '98 17:00 Very truly yours, fWLEy ROXEL Phillip . arber 371 WALNUTAVENUP POST OFFICE MOX 287 KETCMUM IOAHO 05940-0297 Te:LEPMOMM 12081 72d-1700 IrACSIMILC 12081 72G-0743 ENNIS & HAWLEY LLP 333 ZQUT4 MAIN STREET POST Or l'ICE DOX 100 POCATELLO, IPAnJ 80204-0100 TF_LConONE 1081 230-04a45 V \Ct ICRIAIIF't+1M1yEiYg'b61'18091.1;70a 208 342 3829 PAGE.02 MMM 4--o- w'L'�' 4: i�kw - It 3 C rn n RSD CETV FEB 10 1998 As (ec-Go. ,,,c,, ko —AC40 ks SLL-,A-6,4 a�(_...o k, 4 JoAnn C. Butler Attorney and Counselor at Law SPINK & BUTLER 607 N. 8th St., Suite 310 P.O. Box 639 Boise, Idaho 83701 (208) 388-1000 Direct Line (208) 388-1093 FAX (208) 388- 1001 E-mail: shatrys0primener.com MERIDIAN PLANNING & ZONING COMMISSION MEETING: January 13, 1998 APPLICANT: EAGLE PARTNERS LLC AGENDA ITEM NUMBER: 14 REQUEST: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHEVRON C -STORE, MCDONALD'S WITH DRIVE UP WINDOW, IDAHO POWER CREDIT UNION WITH DRIVE UP BANKING AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. 1�i ASS • 1q1 �sAyr��� A .D�qj I1w 1q� OFFICIALS i HUB OF TREASURE VALLEY COUNCIL MEMBER WILLIAM G. BERG, JR., City Clerk A Good Place to Live JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer CITY OF MERIDIAN WALT W. MORROW, President RONALD R. TOLSMA CHARLES BRUCE D. STUART, Water Works Supt. GLENN R. BENTLEY JOHN T. SHAWCROFT, Waste Water Supt, 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. MERIDIAN, IDAHO 83642 P & Z COMMISSION SHARI L. STILES, P & Z Administrator Phone (208) 888-4433 • FAX (208) 887-4813 KENNETH W. BOWERS, Fire Chief Public Works/Building Department (208) 887-2211 JIM JOHNSON, Chairman W.L. "BILL" GORDON, Police Chief Legal Department (208) 884-4252 MALCOLM MACCOY KEITH BORUP WAYNE G. CROOKSTON, JR., Attorney MARK NELSON ROBERT D. CORRIE BYRON SMITH Mayor MEMORANDUM: January 9, 1998 To: Mayor, City Council and Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator Re: Request for Annexation and Zoning to C-G of 4.13 Acres with a Conditional Use Permit for a Chevron C-Store, McDonald's w/Drive-up Window, and Idaho Power Company Credit Union w/Drive-up by Eagle Partners LLC We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: ANNEXATION & ZONING 1. This application is for a parcel of land across S. Eagle Road from the St. Luke's West site, and north of the newly constructed Jackson's Food Store. The legal description for annexation included in the application doesn't include a portion of the S. Eagle Road right- of-way between the subject site and the St. Luke's site. Applicant shall submit an annexation perimeter legal description for the proposed site. The legal description shall include all those portions of adjacent public rights-of-way contiguous to the Corporate City Limits of the City of Meridian (Ord. No 659, 8/2/94), and '/z of all other adjacent Public Right -of Ways. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the existing city limit boundary. 2. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be t?led per City Ordinance 11-9-605.M. The ditches to be piFed should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. Eagle Partnership.AZ.CUP 0 P&Z Commission/Mayor & Council January 9, 1998 Page 2 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. CONDITIONAL USE GENERAL COMMENTS: 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 5. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 6. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 7. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 8. All construction shall conform to the requirements of the Americans with Disabilities Act. Eagle PannffsWp.AZ.CUP P&Z Commission/Mayor & Council January 9, 1998 Page 3 SITE SPECIFIC COMMENTS: 1 • Sanitary Sewer service to the proposed site could be to the existing line installed in Magic View Drive directly adjacent to the south. 2. Water service to the proposed site could be to the existing water line installed along the northerly side of Magic View Drive. Please provide the Public Works Department with fire flow and domestic water requirements for the proposed site. information on anticipated 3. The treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. 4. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether a booster pump would be required to provide adequate fire protection to the third floor of the hotel building. 5. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 6. A minimum of 68 three-inch caliper trees is required for the paved square footage proposed. Please revise the landscaped plan showing sizes and quantities of plantings. 7. The existing lighting at the two Meridian Chevron stations is not in compliance with City Ordinance, and requests to conform have been ignored. Particular attention needs to be paid to lighting plans. 8. A minimum 35 -foot -wide landscape setback beyond required right-of-way on Eagle Road is required as a condition of annexation. 9. The proposed roadway north of the proposed Idaho Power Credit Union needs to be dedicated as a public roadway with a stub to the west. Future development in this area Eagle Parft=hip.Az.cUP P&Z Commission/Mayor & Council January 9, 1998 Page 4 will need to have proper access to the traffic signal. Applicant shall be responsible to install a water main within the right -of --way of the new street along the north boundary of the proposed site. Location and sizing of the new main should be coordinated with the Meridian Water Department. 10. No signage details were submitted. Detailed signage plans must be included as part of this application for review and approval. 11. A development agreement is required as a condition of annexation. Eagle PartnmMp,AZ_CLT WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE` VALLEY 0 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Legal Department (208) 884-4252 ROBERT D. CORRIE Mayor COUNCIL MEMBER WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP MARK NELSON BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 6, 1998 TRANSMITTAL DATE: 12/17 /97 HEARING DATE: 1/13 /98 REQUEST: Conditional Use Permit for Chevron C -Store McDonald's w/drive u Window and Idaho Power Company Credit Union w/drive up banking BY: Eagle Partners LLC LOCATION OF PROPERTY OR PROJECT: NW comer of Eagle Road and Magic View Drive — 603 S. Eagle Road JIM JOHNSON, P/Z MALCOLM MACCOY, P2 MARK NELSON, P/Z _BYRON SMITH, P2 _KEITH BORUP, P2 _ROBERT CORRIE, MAYOR _RONALD TOLSMA, C/C _CHARLIE ROUNTREE, C/C _WALT MORROW, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER 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) INTERMOUNTTION RELIM & FINAL PLAT) BUREAU OF R LIM & AL T) CITY FILES OTHER: YOUR CONCISE RE DEC 2 3 1997 CM OF WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Legal Department (208) 884-4252 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP MARK NELSON BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 6, 1998 TRANSMITTAL DATE: 12/17 /97 HEARING DATE: 1/13 /98 REQUEST: Conditional Use Permit for Chevron C -Store, McDonald's w/drive up Window and Idaho Power Company Credit Union w/drive up banking BY: Eagle Partners LLC LOCATION OF PROPERTY OR PROJECT: NW comer of Eagle Road and Magic View Drive — 603 S. Eagle Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P2 BYRON SMITH, P2 _KEITH BORUP, P2 _ROBERT CORRIE, MAYOR _RONALD TOLSMA, C/C _CHARLIE ROUNTREE, C/C _WALT MORROW, C/C _GLENN BENTLEY, C/C WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION. CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: .TA, ph i s 4 P ie -, 7hLe.-Z m ic, K-1 Al ee �P t1�rla L.H U e- 611. RECEIVW JAN - 6 1994 4Y OF MERIDIAN.. CENTRAL CENTRAL DISTRICT HEALTH DEPARIMIENT C DISTRICTEnvironmental Health Division 'aFCEtvjE'HEALTH �t�°t°' DEC 2 9 1997 ❑ Boise DEPARTMENT ❑Eagle Rezone # ❑ Garden City Conditional Use # C S-�-uxdF , �1�j>9,1/y/is 2440 praexF Meridian ❑ Kuna Preliminary / Final / Short Plat ❑ 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. ❑ S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: 05 central sewage ❑ community sewage system ❑ community water well ❑ interim sewage & central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ® 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. t5 13. We will require plans be submitted for a plan review for any: 1' food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store z g 29- 14. % �STyreM k/vl'T�t /Lt/f7V•a��—/'1 �/JT L4.� S'�4 �� Date: l Z l 2✓ l / % l� 0JC-fi Reviewed By: 4%�t CDHD 10/91 rcb, rev. 1/91 Review Sheet JAN 0 2 1998 ,*rn ")" 11FOI ►iat, pyt 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 2R**ft*MXX 208-463-0183 23 December 1997 Phones: Area Code 208 OFFICE: Nampa 466-7861 X Xx)(W)M tX Will Berg, City Clerk SHOP: Nampa 466-0663 City of Meridian xamxxx wxxmxx 33 East Idaho Meridian, ID 83642 RE: CM&&xd Use Permit for Chevron C -Store, McDonald's w/drive-up Window and Idaho Power Company Credit Union w/drive-up banking - Eagle Partners LLC Dear Commissioners: The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to fanal platting. Contact Donna Moore at 466-7861 for further information. All laterals and wasteways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, mllxll--� Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH.•dln cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 2Mi6ffi%XXXXX 208-463-0092 Phones: Area Code 208 29 December 1997 OFFICE: Nampa 466-7861 Billy Ray Strite SHOP: Nampa 466-0663 BRS Architects, A.I.A. xm&xxxugxx 4x 1087 West River Street, Suitee 160 Boise, ID 83702 RE: Land Use Change Application for Chevron C -Store with Gas Pumps Dear Mr. Strite: 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 me at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, 164 4 A - 4 - A . (/,Y) Donna N. Moore, Assistant Secretary/Treasurer dnm cc: File Water Superintendent Eagle Partners, L.L.C., c/o Stephen Brown City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Ada Planning' Association 413 W. Idaho, Suite 100 Boise, ID 83702 (208) 345-5274 Fax (208) 345-5279 APAServing Governments in Ada County Since 1977 MEMORANDUM TO: Will Berg, City Clerk, City of Meridian RECEIVED FROM: David Abo, AICP, Technical Analyst &/L JAN — 5 19,98 DATE: December 31, 1997 waft), RE: Eagle Partners L.L.C. APA staff reviewed the proposed conditional use to construct a Chevron C Store, McDonald's w/drive up window and Idaho Power Company Credit Union w/drive up banking at 60? South Eagle Road. Specific traffic impacts generated by this development will be reviewed and commented upon by Ada County Highway District (ACRD). At this time, we are only commenting on pedestrian or bicyclist improvements to the site. Both the Comprehensive Plan for the City of Meridian and Destination 2095 have policies to encourage more pedestrian and bicyclist friendly developments. Sidewalks or pathways are consistent with Meridian's transportation policies to create a balanced transportation system for the safe movement of people to and within commercial developments. RECOMMENDATIONS An internal sidewalk or delineated pathway system be developed and constructed to link the buildings to Magic View and Eagle Road. 2. Provide bicycle parking on-site. This bicycle parking would be for employees and customers. Low volume roadways in the adjacent residential areas provide a bicyclist friendly environment to and from the subject development. FACTS AND FINDINGS The Ada County Ridge -to -Rivers Plan designates Eagle Road as a corridor for a bicycle route. The proposed site design shows each building free standing and surrounded by parking. No connectivity between businesses has been developed. This creates internal pedestrian barriers for people who wish to patronize another business or who want to walk to these businesses from residential or commercial areas in the vicinity. Pedestrians are required to walk in high congested areas such as the driveway intersection at Eagle Road without sidewalks. A good pedestrian and bicyclist pathway system needs to be provided not only on the public street system, but also internally in this commercial development. These recommendations are consistent with the Transporatation element of the Comprehensive Plan for the City of Meridian. If you have any questions regarding my comments, please contact me. DA:JL DA\DEVREV\FY97\MERIDIAN\PLANNING\EAGLE.CU PC: Larry Sale, ACHD, Development Services Stephen Brown, Ellis, Brown & Sheils File 540.09 City of Meridian Ada County Highway District, Ada County, Cities of Boise, Eagle, Garden City, Kuna, and Meridian Boise. Auditorium District, Boise Independent School District, Meridian Joint School District, and Boise State University Equal Opportunity/Affirmative Action Emplover Printed on Recycled Paper TRANSPORTATION DEPARTMENT DISTRICT 3 • P.O. BOX 8028 • BOISE, ID • 83707-2028 • (208) 334-8300 January 6, 1998 City of Meridian Shari Stiles, Planner 33 East Idaho Meridian, Idaho 83642 rWCEIVED JAN 0 8 1998 :ITh Ok AERIDIAIN 65'r.5/e /Dims RE: Conditional Use Permit and Annexation/Zoning Permit for the northwest corner of Eagle Road and Magic View Drive Dear Ms. Stiles, The Idaho Transportation Department (ITD) has received two transmittals for comments on the Conditional Use Permit and Annexation/Zoning Requests for the northwest corner of Eagle Road and Magic View Drive in Meridian. Due to several comments and concerns, ITD is requesting that the Meridian Planning and Zoning Commission postpone this topic until your next meeting. ITD anticipates having formal written comments for your review before the next meeting. If you have any questions, please feel free to contact the Idaho Transportation Department at 334-8300, Sincer , Lanc Johnson, P.E. Sonna Lynn Lewis District Three Traffic Engineer Senior Transportation Planner - An Equal Opportunity Employer - ARCHITECTS BRS Architects, A.LA. 1087 West River Street, Suite 160 Boise, Idaho 83702 Telephone 208 336.8370 Fax 208 336-8380 December 10. 1997 City of Meridian 33 E. Idaho Meridian, ID 83642 Re: Conditional Use Application Lot 1, Magic View Subdivision BRS Project No. 9646 We, the applicant/owner of said property agree to pay any additional sewer, water or trash fees or charges, associated with the use. if any, Appl nt Sig a ure: Step Brown for Eagle Partnexsi, L.L.C. ARCHITECTS BRS Architects, A.I.A. 1087 West River Street, Suite 160 Boise, Idaho 83702 Telephone 208 336.8370 Fax 208 336-8380 December 10, 1997 City of Meridian 33 E. Idaho Meridian, ID 83642 Attn: Shari Stiles Re: Conditional Use Application Lot 1, Magic View Subdivision BRS Project No. 9646 Dear Ms. Stiles: Contingent upon approval of pending annexation and rezone application, Eagle Partnership respectfully requests Conditional Use approval to construct a Chevron Convenience Store and McDonalds with a drive -up window in one building, gas island pumps and canopy, a detached carwash, and a building for Idaho Power Credit Union with drive -up banking on Lot 1 of Magic View Subdivision. The site is presently vacant and is serviced by all utilities. There is an existing minor irrigation ditch at the north end of the site which we propose to place in a culvert so that we may have access over it. We propose to align our primary entrance off of Eagle Road with the existing signalized entrance to St. Luke's Medical Center. The applicant acknowledges the need to pay additional sewer, water or trash fees or charges, if any, associated with the proposed use. The characteristics that make the Conditional Use approval desirable are the site's proximity to Eagle Road and adjacent commercial development, and the growing need for this type of uuevelopment in that area to provide services, and conveniences to the surrounding commercial, institutional and residential growth. We believe that the proposed use is consistent with the planned commercial development for the intersection of I-84 and Eagle Road and are hoping for a positive recommendation to the Planning & Zoning Commission. BRS:cw cc: Eagle Partners, L.L.0 / OFFICIALS HUB OF TREASURE VALLEY 10 COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk A Good Place to Live WALT W. MORROW, President JANICE L. SMITH, City Tleo4unr GARY D. SMITH, P.E., City Engineer CITY OF MERIDIAN RONALD R. TOLSMA CHARLES M. ROUNTREE CENTRAL DISTRICT HEALTH _ROBERT CORRIE, MAYOR GLENN R. BENTLEY BRUCE D. STUART, Water works Supt. SETTLERS IRRIGATION DISTRICT _CHARLIE ROUNTREE, C/C JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO U.S. WEST(PRELIM & FINAL PLAT) DENNIS J. SUMMERS, Parks Supt. MERIDIAN, IDAHO 83642 P & Z COMMISSION SHARI L. STILES, P & Z Administrator Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman KENNETH W. BOWERS, Fire Chief Public Works/Building Department (208) 887-2211 MALCOLM MACCOY W.L. "BILL" GORDON, Police Chief Legal Department (208) 884-4252 KEITH BORUP WAYNE G. CROOKSTON. JR., Attorney MARK NELSON _ S, ROBERT D. CORRIE BYRON SMITH Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 6, 1998 TRANSMITTAL DATE: 12117 /97 HEARING DATE: 1/13 /98 REQUEST: Conditional Use Permit for Chevron C -Store, McDonald's w/drive up Window and Idaho Power Company Credit Union wldrive up banking BY: Eagle Partners LLC LOCATION OF PROPERTY OR PROJECT:_NW comer of Eagle Road and Magic View Drive — 603 S. Eagle Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, PR MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P2 ADA COUNTY HIGHWAY DISTRICT _BYRON SMITH, P2 ADA PLANNING ASSOCIATION _KEITH BORUP, P2 CENTRAL DISTRICT HEALTH _ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT _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 SEWER BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) DEPARTMENT CITY FILES —BUILDING DEPARTMENT OTHER: _FIRE DEPARTMENT YOUR INCISE REMARKS: POLICE DEPARTMENT ' 1,0ash - _ _CITY ATTORNEY _CITY ENGINEER _ S, _CITY PLANNER :n�z.� i) /, om /?/) t:� DEC 18 1997 - - CITY OF MERIDIAN WASTEWATER DEPT. 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