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Under the Onion CUP 99-006
HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 13, 1999 TRANSMITTAL DATE: March 26, 1999 HEARING DATE: April 20, 1999 FILE NUMBER: CUP-99-006 REQUEST: TRANSFER OF CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT WITH LIQUOR LICENSE. FROM ROCKETS, INC. TO JAMD ENTERPRISES. INC. BY: JAMD ENTERPRISES. INC. LOCATION OF PROPERTY OR PROJECT: 501 SE 1ST STREET TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on April 20, 1999 for the purpose of reviewing and considering the application of JAMD Enterprises, Inc. for a transfer of conditional use permit for a full service restaurant with liquor license from Rockets,lnc. to JAMD Enterprises, Inc., which is located at 501 SE 1 eat Street. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 26th day of March, 1999. PUBLISH, March 31 & April 14, 1999. ~~~~ WILLIAM G. BERG JR., I CLERK `l4tft`~Ifl!!1j ~"~y ~. ' ~~• r "1• •4a ~ - ~,,~L A ~ ' ,,~' ~ rf~ ,, ~Q•. ~~~ ~~ f q rvrd ~ ```~\ ~`~~Lf~~1®7vi1~JV! ti1`ttVtt~ ** TX CONFIRM~N REPORT ** AS OF MAR 26 ~ 10 ~ 44 PAGE. 01 CITY OF MERIDIAN DATE TIME TOiFROM 01 03126 10 43 206 888 1097 MODE MINiSEC PGS CMDtt STATUS EC--S 00'30" 001 125 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on April 20, 1999 for the purpose of reviewing and considering the application of JAMD Enterprises, Inc. for a transfer of conditional use permit for a full service restaurant with liquor license from Rackets, Inc_ to JAMD Enterprises, Inc., which is located at 501 SE 1" Street. A more particular description of the above property is on file in the City Clerk's office at Meridian Cify Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the publlc is welcome and invited to submit testimony. DATED this 26~' day of March, 1999. PUBLISH, March 31 & April 14, 1999. ~~~~ WILLIAM G. EERG JR., I CLERK ~~~„u ; ~!~ rul~~4 C~, - ~L - ~~~~D -rt-- ~ ~ i (~ ~ ~ 1999 CITY OF MERIDIAN ~~ ~~; B~~, APPLICATION FOR TRANSFER OF CONDITIONAL USE PERMI~,,~;~ ~ -I,,~,~ t ,t.~> ~,~ lY1e~~y t,~Yt '.wit;<' :11e~'= ~iY~,~~ 2 CONDITIONAL USE PERMIT FOR: ~~/ ~'~~~ ~~r~ ~~~~°r "~ ~P V ~I ~ ~ SUI nmrocL Pa rfv~e~~ ~ O wiu/' (~ SSor ~ 8- 3y~ Z~ OWNER: ~~s; tnG : ~sSLe., -- ~S~ 34$- 74'37 PHONE: YvSP - -230 ~ W . Explart~ 'Dr•, ~.+~ 2wo~ '#~otSe ,Z'~ `d3'7~3"'!~'4 ADDRESS: ~ - ri ~ Q t.~.r-r rtr~`~ t<`, (a- , ~$ar 4. ; .~U ~ a2-r TRANSFER TO: ~Panrt~7 ~tiYt-s~.1'~riS.ts .)Ke.. • : 51.JoLe.SSu1'HONE: ~! ~ 3'7's'~b&'0 ADDRESS: `p 0 13(Q~~ VY~t ri di zn .~ $3680 --13tet~ SOCIAL SECURITY NUMBER: ~1'tw-.2~ ~n~,r~n~. ~ Eznl -' 8?~, bSO4a5~ l(Y1;~cte,1 ~..-iM'po4ia.ro~n ~ ~s ~ .I eet~--s9t ~! q-d d - 33 9Y GENERAL LOCATION: ~ ~" o o $t~ i sr Sot S ~ . 1sT S+. DESCRIPTION OF CONDITIONAL USE: ~~.s~ ~ >:s o-F I ~~4~#s, lne .'S CUP ~i,rR-f'e ', lL t ~ t"p Sla.u.na,v-fi ul ~ ~ ..off ll~~r-re_. ~ ~{~Y1dD ~ri S~S7 ~nc_, _'gITY' ~?.11ne.-1~.~ . ZONING CLASSIFICATION: PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading azeas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 35 copies). I certify that the information contained herein is true and correct. Signature of Applicant A '" Social Security Number Sl ! ~~~~ ~3~ a' LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian City Council will hold a Public Hearing in the Meridian City Hall on at _.m. The purpose of the Hearing is to consider the transfer of a CONDITIONAL USE PERMIT submitted by to for the property generally described as located at SUBDIVISION, BLOCK ,LOT TO STATEMENT OF APPROPRIATENESS OF CONDITIONAL USE PERMIT FOR PROPOSED SITE JAMD Enterprises, Inc. (the "Applicant") has applied for the transfer from Rockets, Inc. of a conditional use permit to operate a full service restaurant/bar with a liquor license in the building located at 501 S. E. 1st Street. The Applicant believes the site is appropriate for use as a full service restaurant/bar with liquor license for the reasons and under the findings set forth in the original conditional use permit issued to Rockets, Inc. in 1997. There are no changed circumstances in the surrounding land uses material to whether a CUP should issue. The surrounding area is mostly zones C-G, with commercial and light industrial land uses in business subdivisions predominating. Within a 1/2 mile radius there appear to be a few transitional residential uses, but there are no schools or churches in the vicinity. The proximity of the location to nearby business sites and the freeway exit to Meridian make the location a desirable one for arestaurant/bar. The Applicant has conducted an informal market survey which indicates the public is interested in having, at an accessible location like the one in question, a restaurant featuring steakhouse/grille menu with affordable prices and a full service bar. The Applicant intends to make no use of the premises different from Rockets, Inc., except to present a different menu, hopefully better priced, in a different atmosphere. The intergalactic theme will be changed to one oriented upon the 1920's. No structural changes in the building will be made to accomplish the change in decor. I I kk WILUW(JVV BOISE, IDAHO 834 TELEPHONE:l1m 332-1554 FAX: (2~8)-322-1554 ou~NER°s r.~~sENTaTIVE: RICK TNOI'1AS - LEGAL DE$GRIP?ION 41'RACT OF LAS M THE 50UTi~5T C2,~{ARTER OF THE NORTI~!l+EST G21AR'TER OF 9~fiCTION Id, RAP1CsE 3 NORTH, Rr4tJr'sF !EAST OF THE BOISE h'~RIDIAN, ADA COIJ°1TY, ID~41a0, h10RE PARTICULARLY DESCRIBED A5 FOLLOWS: CCJI"I'1.1~UCMG AT Tl~ NORTI~ST COFd~ER OF SECTlGN !8 TRICE. 50~"fu @~'4~' 0S' tl~ST ALONG. TiaE Il~ST BOINDARY OF SECTION 18, A DIStANCE OP t~sd FEET TO /l- ~T Tom. NORTH 0'S' 19' 3O' EAgT; 2Sm! FEET TO THE MlTIAL POIN'i OF TN15 {ONCE NORTH d9' 19' 5m' EAST, 42452 FEET TD A POIM ON l~lGNT OF WAY OF STATE NKsI~KUAY N0.69 THENCE. OI' 16' ~v' ~I~ST, lS3lr0 FEET ALsONG SAID f~1GHT 0!: Ill4Y THENCE ALA+Irs Tlf ARC OF A 9PlFlAL CURtiE TO TI$ RIGHT 1~,4Y1NG A CENTRAL ANGLE 0!~ i•' 03', a DISTANiCE OF 2t3bb FEET, 5AID ARC BEING St~TENDED BY A CWOlID dF.~-RNG SC,7tt~~4 3' B` f8' tI~ST, 21356 FEET THENCE ALONCs THE ARC O!~ a CIRCttL4R Ct~VE TO THE ~RIC~IT HAVING A CENTRAL ANGLE OF 2' 38' 15' AND A Ra4DlU5 OF 98L14 FE~'T, A DISTANCE OF 45.19 FEET, SAID ARC BEMG ~T~ED dY A C~0l~~ DEARAdCs b0!lTld 0b' 3d' 13' tIaEST, a DISTANCE OF 45.19 FEET THENCE. NOR?H ~''0¢' 35` iI~ST, 4!?'156 FEET THENCE. AiOF7TH 00' 49' 05' EAST, 44DJ~ FEET TO THE NITIAL FaOR~lT OF THIS DE5CRiPTION. ,u~arv~g unto Landlord ingress and egress across the Premises as determined by endlord from time-to-time. landlord reserves the right to subdivide/plat Property nd send leasehold description in accordance with plat to be filed of record which fey include further ressnration and dedications for ingress, egress right-of-way and fitriotbns or sxpansior-s relating to access and parking on leasehold Premises, so ~np ss the amendments and modifications do not rnateri8liy negatively impact 'event's use of the i~rsrnises, and further subject to aft easements, reservations, ~sihatlons snd •ncwnbrences of record or in the Lease. 11L5 N. 56TH `. SEATTLE, WAS TELEPI~ONE: c FAX: 126) 5~ PR>T~lC1PAL AF TNOh1A5 iJ~B~ BRENDA R0~ ~~~ FRAiVC: us4LTr~ EXHIBIT A T T- Z C~ m O A /~ TTf n --~ -_-~ rn iE rn rn r z ~~? A ~_ Z V • ~ I S-. MEr21D1~4N RD m 3 ~' S.E. 1ST. S i , m ~ ~~ ~~ m~ ~~ ~~ ~r ~r 7C i A I ~ 1D j~ ?ND ST. b r- O ,, N .. ._ • i; _ _ _ _ ~ _ _ FUTURE_R_ETAIL_ BIIILDINCs_ ~ ~! s = ~ ~_ ~ - __~_zz =z =_~~_~_zz- !! I ! PI-IASE III -FUTURE y ~.~_ ~d I I ~~ d RR~ S. E. bi STREET~_ '~ ~ , ~~; W I ~~ i ~ I I ! ~•, I I~ I~ Im -C _ _t GETt AYII1E_ -- NA ~ ~- P ~ ~ v ~ ~-( I ~ I I y~ .•~;^.~ ° D a pr ~ F y °m ,'~' ~D 00 ~i y¢P~~ ~ r~_ ~ ::D O ~~~~ N I _ I I I I I ~ ,r9 . `J (J~Z1 ~ ~ ~ rn E ~ o ~ Tin Z ~ ~ o L~ _~ qo r O m ~ n m 6 '~ I ' I I~ (l ~ P ~ $ 8 ~ ~ ~ ll7 ~ LS Q ~~w C~ ~y~ N g ' ~ Ire7 0~ ~ Y o ~I =--I' -~ I A ~ v 4F aye Im ~ as ~ o A o ~ m B u F ~ ~ 3 ~° ~ ~~~ ~ N ® I Z ¢ R 'F ° ~ € o ~ Gu 0 ~ p' z ~ ' '~~ 11 ly ~ ~ ~g~~m ~~ ~ ~~sae~~ p + '' 6sJ'v,'S6'E rox' ~ I m m ~ ~ ~ L+ 71 xg ~ ~ e ~ cP ~ m ~ r o a~+ 6 a - ~~ ° < ~ K ~ o'" w ~ D ~ ~ ~ ~ ~ ~ ~~ ~ i I ~ ~ ~ SITE PLAN - CONDITIONAL USE ~ O 9 ~ ~ j FIRST MERIDIAN PLAZA - PHASE II 1'EkmWWJ, pAlAJ T T T! 11~=T A l,L ~.PSI za2a N. 60TH STREET B8703E6203HIN OTON `.`. l~ L I i l , F b ~ ~ ~ , F ~_ ._ ~ _ ~ ~ ~ ~ _, 3 S ~ ~ ~ > ~ ~ 3 -, -•- ~ Q -~ 2: 3 ~ t1 ~ ~ F ~ `~ ~ ~ ~ ~ 7 j ~ .~ ?~' ._ ~ . ~ F~~ ~ ~^ i 3 ~ _ ~ ~e a F @ ~i ~ Y -r ~~ V 1] ~ ~ _ O V j 3 U v ~- y 1 ~ o ~? 7~ ~x N ~..~. v v -~ - - 3 aj \ 8~ ~ $ O p ~S r / 1 o ~ ~? ~ ~o~' ~ ~•sr ... ~ ~ ~ .. ~. .{~ n. _ :a ~ _ 1 ~ ' - -- - _._ -~ ~r~ t i > ..~ `~) .. m ~ > 7 I I I .t ~p_ ~ ~ - - 3~ ~ •t -- ~.- r ~~ ~' - ___ _~ ~ lots 311 .' ;` N _ 101 F _ i~ ~ I I I I - ro~~.o~. _ 1 „Ix ~ ~ __ ~~ - I n ~ ~ lam' ~.n_.« '. r c.. y. cP 1~; r T; N T S }~e S ~ ~ 1•t I~ t f . T T ~ -. ~ _ - Yea l~,: T •'" '' ~ 1 y ~ :~~~JJ©'JO J ~ +~~'_s ~ 3 ~ s~ 3 F+ 2 ~ fl- ~ SP ~ ~ ~ ~ S $ i:- _r ~ ~-~a' - _ ~ _~ cE~ ~- ~~~n S ~m ~~~.~ -ter- ~_ ~~ ~ n ~ s 1 x i 1 1 1` ~- . - •r, t i ~-~.- - __ O r 5 ~ -~ a '; ~ ~ SURE ~t ~ ~- ', J _ SPACES O~SP~GES OPOSED PN~~E II , U ANT A o 6,000 . ft. ~ rQ ~~ ' II y • ~ 5' SIDEWALKI •'60'=m' .W. ~~ d o ~~~. 3,-6. ~ ~ l l ~ VAN STALL' ~ 19 _ . ~9'-4. ~ ~ ~ pyJl~'~ '~ l • , , I - ~j ~~ • - ~ ~ Y0 O SP ES a t _,Z~s~~FI ~-EXISTING EXISTING ENTRY DRIvE W/ CURBS ~ WALK . I FIRE NYI RANT I I PROJECT RASE LINE _ N 89d 11 ' (d5' UJ - - - ~ ~.y 1 If'=0,~ • IDE LANDSCAP • 3ETB I~IC ~~ . ~ ~ HoNUN~lIt c~ :~ ~ hlW.l n ~, %. ll l s4 ~ `~ i ~~ 4 ~ d' VI a~ - S I t~ P~,4N ~~5: 1~3~~-~ _EXISTINCx RESTAUR4NT SITE 600 eq. ft. BLDG. n • ~~ b ~~ ~~~ ~ ~~~ ~ ~ .~~.~o ~ ~ \` ~~ ~~~ ~ ~~ ~~~~ ~ ~~11 ~~ ~. ~~ ~, ~ f`' ii S '~ ~~ ~ p~'~ ~~~- -_ z. \T "' "~ e'o" ~ ~_ 1~ . ~.yrr ~ ~Zrrt ~ ~ ~ '~ ~~~ ~ ~ ~ ~ ~~ ~ ~ ~ ~~ T A ~~ ~ ~ ~~" ;A ~s ~-~ p ~ ~ _ ~ ~~ a ~ ~ ~ ~- s -~ ~_ ~ ~ ,~ r ~ ~ • STATEMENT OF INTENT TO POST NOTICE PRIOR TO CONDITIONAL USE PERMIT HEARING Comes now Michelle M. Dobaran, and being first duly sworn, states that as part of the application of JAMD Enterprises, Inc. for a conditional use permit to operate arestaurant/bar in the City of Meridian, she will post a notice upon the properly at 501 S. E. lg` St., which is the subject of said application, one (1) week before the Meridian City Council hearing on the application. Dated this 24~' day of March, 1999. JAMD Enterprises, Inc. y Michelle Dobaran, President STATE OF IDAHO ) )ss. County of Ada ) On this 24th day of March 1999, before me, a notary public in and for said state, personally appeared Michelle Dobaran, known or identified to me to be the President of JAMD Enterprises, Inc., an Idaho corporation, and the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. `~ ~ ~ ~. ~ `~~~ ~ti Notary Public r Idaho Residing at: (~ '(YY 1 ~~ ~ ~1 '1 My commission expires: ~ i • AGREEMENT TO PAY ADDITIONAL UTILITY CHARGES JAMD Enterprises, Inc. agrees to pay any additional sewer, water or trash fees or charges, if any, arising from its use of the property located at 501 S. E. 1st St., Meridian, Idaho, as a full service restaurant/ bar with liquor license. JAMD terprises, Inc. /~ ., ~~- ~~ By: Michelle M Dobaran, President . ~. 3-23-1999 5:27PM FROM WILSON MCCOLL 2~838d04d2 P.2 ~ MFiR-23-1999 15 = 33 • i ~' • Id1~~'~ ~ 1.~ ) 11,.enns«+Mrrnil...rsfweNMw'+ES»_ _ _1f nw s*. t+w.: pw~sass 1RA11ba~ E T yt~ili*.,ur bll YAWE I ~!ol~wA>ro v,toiasrs,t3~, ~6vsrss P.m.-.:"0 1?:ftKiUi.~.:,ti owkrra!lsr. dw.raw nar+ev K, siEic arrli cANVtT uns. wm~ slwu-nocx aARr'11~11R~', onn i~l1e V1rt,lnM~ly tiliAfrlEE51tlaIAlllOpwnwKr.ddn/ss i6: ~;90i Y. Esylaser Dr.. fiRiO. Balls. tb i77aL Nw Tf1~IwNry dNCrAsd rpl pss/s-1r in ~ ~+W, itNo M Idaho. 1110,8 BIti1811lMh• ~1U8 as Tegewa, b wit: i!! A7<TACiI®D EiptlilT "A' wsMCM •Y 71ilE 116FE~HICE YFxOR1iE1 A -AIIT MEELOR Aflp ~ ~a or alf~ s+i ~ g~os~3o~ .' ~N. .~ . .. .V g~15: t~ 90pE?NEti ~W 11E60i:.i 3 . TO slRVE AIr;D TO ttbla0 il,l pit! pgllitws, weM tMir aplurtsrrrKes uMO t,ls olld Grrr.tatsf. Md (irsrltssss, iMj-i snd'issigt,r< Ibrrnrp. AIId tIN s0k! 6ra)r~u-ts1 dot?{dol 1»rsby coosrrom m mad wdR ,ht IiMO 6r0,1~1olsl, ~,R Gr~sris) +mMs tM owrMr,p an fN zilrlpts ~t aalu orarr,isss: t1a1a ssi0 Drsmi6ss irs MN r.p„ Is fene,arl0rrrltas. E%C~ p+sw fo whit!M lhis pnwryoefes H o,tBNSaly Isads sub~so= BIId thpio wlsds, sulllrs~e a asrr 0Y t,n t3rahlfrLl>!a: otli wa6hC~ Ro epsrr~,KrrM. rpasnalisos, ~sdreitq~3. alMt+~M,ts, ruylYls et dray se1Q agn4riNrrM.td ,rtWl o! ne010.ORd 0C10re1 tl+Ini a1d sstli9rAlrtis. Gncladin8erlpauba rend rafiii,y rl~tllr+xnss. i1 t.Py1 Io- d.s tynont y~ wQIGh aq nos Ya>< cfw* Ind psvable. snd r,lsr 4rsnt«lsl wi11 warrarrs ar'0 tietarW U+u t~d+-,e from X11 sawtr! gliras whstsvww. WNd: Vasobsr Y. 1l1~ s - ails ~rol~ et~f„f„IrLtY,titF,~tlarl .. v..al.rrf•,1• STA',s,1F `,.. r.,,~,r.,r Y,x ltlw ~~ d•...pt ~a .p 1,r. NN.~1 f77 .iWWf ua.*f..~.~..1.•\...N. -.Fk. w M. !4....1x..y ...r. ~y w 1wr r F 1~. ba.lrw ~xr•1NIIra.M /..+rx . 1-xp nw.mr...r p~' ` ..d r1x prrlxr(.r ~1..,rl....lxd ..~ ~. aaax w. 1~.1.~. VrY1'N'IM..nd "tw"L r.r ~ PMM.INy. MY1M• • ..w~. .IINAw ~.~ j.i r c i..P•.p..~ N NwN"1.`i.HUNf.1...l.' T ~~~f~ escrow. inc.^-~ ^- __ _ .. _ ._ 3-23-1999 5:28PM FROh1 WILSON MCCOLL 2083844442 COQUnanrWes"tt~l• land Ti3ls ~awt~txs Coprpsny su. ,rb. ~ ••..1~.~ ~ 1i:~Olai9 >RiiS>fX'! '71' A Rseet of iMwl is tM SoY~ltwe~ W~ar~rir et caw uosa:aw..e awteas ee a.~ccsow is, atas~ ~ aroma. wQp1- L aalK 4L C4t ~4fN tlfCldxiR, AO- COUAC~-. i~e!!a, iap paetlatra-iy MrCVIM4 w toLiaM: ~~ea~ •t tM ararstaiw~R vosMt of S~etrp~r xtr CI1pri 8vvr.R tiQ•i!•oi- >~ aion0 eha >Mat R;>ywilsq- vt s.cta,a, :o. ~ dirR~rnCa at i,776.s~ Leao raa • ~olsc; uwar. i011tJ1 00•tal•30' swc. 2f-ei xw-t to p11 irZTf0i. 00!!R e! sRi~ Mrcrtoctau RUf0lh fouRU •Y•i!'{0• awie. i7ts.~,! lw.s RV • Dew ~n RM MpC1-t'lY siplrc Ot war OL 3t~ts Xi~sy >to. N; QlNner ~~ Oi•Z,0.Od• 'MrdR. il7.i4 tN: eletg N11r exONR v! riyr eaaenea siaay CkC asa qt ~ gist c+st~w ra can YtOAs ~vted a tMCa-ati +1AOtt of e•oJ•.. QLesaaee at =is.so len, Mtd a~ bf1AN wbEr~d OY ~ cawoaN aNlws>rrp leua:A ~•is~it• Marg. 71t.lt :nss: sA.acs aion~ ;ar era of a afre~tas aWSvr co tae rltybt A~rv3as • cosissl sig21 Ot i•i7•ti' ^raal a reQ1w- oC 7~f~.7{ !r•e. « diatsaeee of 2e.lf' tom. satd atr I~staaM wpCa~d by a eliaiera a~rsay' SeutaY di•vi•iy 'IMsR. a disar+ea of ~~.ly tNtr [l~afee~ a•e:e>w oe•as•ss- Most. Raosi ease: as abeRh 00•f!'Of• lest, ii0.t! RrK RO iaN aJiiTllli. lQiwT OY eRi~ d.s~ttpeiaw. Ac[a-T Oftcti end RAyac-sl.~ •~ •.~ P. 3 roTaL P.O3 06/01/1994 04:45 2083756980 DOBARAN PAGE 02 'ry . ~ • Lam. CONSENTS TO TRANSFER OF CONDITIONAL USE PERMIT I, Rick Thomas, as agent and partner of Wed Shamrock Partnership, owner of the property located at 501 S. E. 1st St., Meridian, Idaho, consent to the transfer of the Conditional Use Permit pertaining to the property and presently held by Rockets, Inc., to JAIVID Enterprises, Inc., as set forth below, Wild Shamrock Partnership ~~~~ By: Rick 'I'hozttas, Partner-Agent I, Lynn Johnston, as President of Rockets, Inc., lessee of the property located at 501 S. E. 1st St., Meridian, Idaho, and holder of a Conditional Use Permit to operate a full service restaurant/bar with liquor license on the property, consent to the transfer of the Conditional Use Permit to JA1VID Enterprises, Inc,, for the same use on the same premises. Rockets, Inc. Johnston, President ~"~ • a • • STATE OF IDAHO ) ss: County of Ada ) On this ~~ day of March, in the year 1999, before me, „ R ~'~ Vh~'Ga~L ,notary public, personally appeared RICK THOMAS, known or identified to me, to be one of the partners in the partnership of WILD SHAMROCK PARTNERSHIP, and the partner or one of the partners who subscribed said partnership name to the foregoing instrument, and acknowledged to me that he executed the same in said partnership name. seal IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official the day and yeax,in this certificate first above written. i •. ~~ • ;• '°UBLZG ~ ~; "1 '•.~ .•~~ O .•' Not y ublic Idaho ~~'• ~ `F~ O ~ 19 ~;.•`~~ Res 'gat ~`°0°""••~~ My Commission Xp1reS G STATE OF IDAHO ) ss: County of Ada ) On this ~ ~ day of ~Qb-~ in the year 1999, before me, I~ ~~1J W~tC'~o L ~,~, notary public, personally appeared LYNN JOHNSTON, known or identified to me to be the President of ROCKETS, INC., the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and,~~.r~,~~ phis certificate first above written. O .~ r ~OTq~ b:'~ r• :~; _~_ - ;~c pUB L1G ~ ~ ' • Notar blic fo '~a„ f ~n ~~,~` w-•• My Commission • ~~1-lam ~ e~ ~ JUSTIN P. AYLSWORTH KATHY J. EDWARDS JULIE KLEIN FISCHER WM. F. GIGRAY, III D. SAMUEL JOHNSON WSLLiAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCER. WHITE WHITE, PETERSON, PRUSS, MORROW BL GIGRAY, P.A. ATTORNEYS AT LAW 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208)288-2499 FAX (208) 288-2501 E-Mail:wfgrawppmg.com May 7, 1999 William G. Berg, Jr. Meridian City Clerk 33 E. Idaho Meridian, ID 83642 NAMPA OFFICE 104 9T" AvE. S. POST OFFICE BOX 247 NAMPA IDAHO 83653-0247 TEL. (208)466-9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE ~c~~ ., ~.~~~~~ MAY 1 1 1999 CITY OF VIERII)L4~T RE: TRANSFER OF CUP FROM ROCKETS, INC fT0 JAMD ENTERPRISES, INC. !CUP-99-006 Dear Will: Pursuant to City Council action of April 20, 1999, I have prepared the Order Granting the Approval of the Transfer of Conditional Use Permit in the application of JAMD ENTERPRISES, INC., regarding the above matter. This document is now ready for the Mayor's signature and after the Mayor's signature has been secured, and the City Clerk's signature secured, the original should be retained by the City Clerk. Copies should be served upon the Applicant, the Planning and Zoning Department and the Public Works Department, as designated by the City Clerk's signature. If you need further assistance by this office, please advise. Very truly yours, ~y, -, -~~ "l m. F. Gigary, I Enclosure msg/Z:\Work\M\Meridian 15360M\JAMD\C1erkLtr • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION ) OF THE REQUEST FOR TRANSFER OF ) CONDITIONAL USE PERMIT FOR A FULL ) SERVICE RESTAURANT WITH LIQUOR ) LICENSE FROM ROCKETS, INC. TO JAMD ) ENTERPRISES, INC., MERIDIAN, IDAHO ) CASE NO. CUP-99-006 ORDER GRANTING THE APPROVAL OF THE TRANSFER OF CONDITIONAL USE PERMIT This matter having come before the City Council on April 20, 1999, at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, at the hour of 7:30 p.m., and Brad Hawkins- Clark having appeared on behalf of the Planning and Zoning Department, and the President of JAMD Enterprises, Inc., Michelle Dobaran, having appeared and testified, under the provisions of § 11-2-418 J Municipal Code of the City of Meridian for application on the transfer of the conditional use permit, and the City Council being full informed takes the following action: IT IS HEREBY ORDERED AND THIS DOES ORDER that: The transfer of the conditional use permit now held by Rockets, Inc. is herein granted and is herein transferred to JAMD, Enterprises, Inc. for the operation of a full service restaurant with liquor license upon the real property described in Exhibit "A" attached hereto and located at 501 SE 1 S` Street, Meridian, Idaho. 2. This transfer of the conditional use permit is subject to the following additional terms and conditions: 2.1 First Street Plaza shall be applicable to this project. ORDER GRANTING THE APPROVAL OF THE TRANSFER OF CONDITIONAL USE PERMIT / FROM ROCKETS, INC. TO JAMD ENTERPRISES, INC. • • 2.2 Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 2.3 All signs must meet the requirements of the Uniform Sign Code and Meridian City Ordinance. Temporary signs, banners, etc. will not be permitted. The proposed monument sign shown within the right-of- way is not approved as part of this application. All signs are subject to review and approval of the Planning and Zoning Department and/or referred to the Planning and Zoning Commission. 2.4 The Central District Health Department requires that plans be submitted for plan review for any food establishment and that a permit to operate the food establishment be obtained from their office. By action of the City Council at its regular meeting held on April 20, 1999. By RT D. CORRIE City of Meridian Copy served upon Applicant, the Planning and Zoning Department and the .Public Works Department. By i y Clerk msg\Z:\Work\M\Meridian 15360MWAMD\Order Dated: ~'~~ ~I 9 'w VVV r *~w y ,~". '.: ~J~~ i .,' r~, ~ ~~.. ,`,,~ ~'f df ~~,~~1~ 13111 i 1tt~~~,,4`,``4 ORDER GRANTING THE APPROVAL OF THE TRANSFER 2 OF CONDITIONAL USE PERMIT / FROM ROCKETS, INC. TO JAMD ENTERPRISES, INC. ~ • EXHIBIT "A" A tract of land in the Southwest quarter of the Northwest quarter of Section 18, Range 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of Section 18; thence South 00°49'05" west along the west boundary of Section 18, a distance of 1330.58 feet to a point; thence North 89° 19'50" East; 25.01 feet to the initial point of this description; thence North 89°19'50" East , 424.52 feet to a point on the westerly right of way of State Highway No. 69, thence South O 1 ° 16'05" West, 193.60 feet along said right of way, thence along the arc of a spiral curve to the right having a central angle of 6°03', a distance of 213.66 feet, said arc being subtended by a chord bearing South 3° 15' 18" West, 213.5 6 feet, thence along the arc of a circular curve to the right having a central angle of 2°38'15" and a radius of 581.74 feet, a distance of 45.19 feet, said arc being subtended by a chord bearing South 09°38'13" West, a distance of 45.19 feet, thence North 89°05'55" West, 407.56 feet; thence North 00°49'05" East, 440.12 feet to the initial point of this description. Reserving unto Landlord ingress and egress across the Premises as determined by Landlord from time-to-time. Landlord reserves the right to subdivide/plat Property and amend leasehold description in accordance with plat to be filed of record which may include further reservation and dedications for ingress, egress right-of-way and restrictions or expansions relating to access and parking on leasehold Premises, so long as the amendments and modifications do not materially negatively impact Tenant's use of the Premises, and further subject to all easements, reservations, restrictions and encumbrances of record or in the Lease. EXHIBIT "A" TO THE ORDER GRANTING THE APPROVAL OF THE TRANSFER OF CONDITIONAL USE PERMIT / FROM ROCKETS, INC. TO JAMD ENTERPRISES, INC. • • Meridian City Council Meeting April 20, 1999 Page 19 Bird: Mr. Mayor I move that we approve the final plat for Haven Cove No. 10 by Meridian Land Development Company, LLC, north of Pine and east of N. Ten Mile Road. Rountree: Second. Corrie: Motion made by Mr. Bird second by Mr. Rountree to accept item number 196 final plat for Haven Cove No. 10 by Meridian Land Development Company LLC. Bird: Mr. Mayor that is subject to staff conditions. Corrie: Subject to staff conditions. Any further comments from staff? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 20. FINAL PLAT FOR MEDIMONT NO.2 SUBDIVISION BY PROPERTIES WEST - SOUTH OF FRANKLIN AND WEST OF LOCUST GROVE: Corrie: Staff comments first. Hawkins-Clark: Again staff comments dated in the memo April 16, 1999 to Mayor and City Council for this commercial. No changes to that and written comments from the applicant were received dated April 19 and no issues were raised in those comments from JUB Engineers for Medimont. Corrie: Any comments from the representative of the subdivision? Okay, I'll entertain a motion on item 20 final plat for Medimont No. 2 Subdivision. Bentley: Mr. Mayor I move we approve the final p{at for Medimont Subdivision No. 2 subject to staff comments dated April 16th, 1999. Rountree: Second. Corrie: Motion made by Mr. Bentley second by Mr. Rountree to approve the final plat for Medimont No. 2 Subdivision with approval of staff comments and coming in on April 16th. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. "'~:~` ~~ 21. PUBLIC HEARING: REQUEST FOR TRANSFER OF CONDITIONAL USE '~ PERMIT FOR A FULL SERVICE RESTAURANT WITH LIQUOR LICENSE FROM ROCKETS, fNC. TO JAMD ENTERPRISES, INC. Corrie: At this time I will open the public hearing and staff comments first. Hawkins-Clark: Mr. Mayor staff comments were submitted April 19. The main issue that was raised there was number three in that memo regarding signage that the proposed monument sign for this is shown within the right-of-way and not approved as a part of the application and staff is requesting that that be worked out with the applicant. • Meridian City Council Meeting April 20, 1999 Page 20 This is again part of the First Meridian Plaza Subdivision which has four lots and the lots 2 and 3 are the ones that are fronting on E. 1St. This is the northern most lot there and I don't think there are any other issues for the transfer from staff. Corrie: This is a public hearing. I'tl invite the representative from JAMD Enterprises, Inc. to testify first. MICHELLE DOBARAN 6141 GADWALL LANE, BOISE, IDAHO Dobaran: I am the president of JAMD Enterprises, Incorporated here tonight requesting the transfer of the conditional use permit from Rockets, Incorporated operating as Rockets Intergalactic Diner. We're operating under as Under the Onion a full service restaurant and bar paying tribute to the 1920's era. We chose the 20's because we found the period reflective of what is happening in the Meridian community right now, cosmopolitan growth of an area with very rural foundations. With regard to the staff comments in our initial proposal for a monument sign, we have removed that from our development. All our signage is building signage. We had proposed that initially because of our concerns of the way the building faces that frontal signage which is south directed, we don't find visible and is compromised by the landscaping which is existing so we acknowledge that this is something that we will have to deal with and will address on probably northern building frontage in the future. We are essentially a local family owned and operated business, excited to come to the Meridian community. Once again continuing to be that part of the growth here. Our six generations in Meridian counts a great deal of experience in the development in new business in the Meridian community and we once again would like to be a part of that and invite that. Corrie: Is there anyone else from the public who would like to issue testimony on this public hearing on item 21? Okay, hearing none, I'll entertain a motion to close the public hearing at this point. Bird: So moved. Anderson: Second. Corrie: Motion made by Mr. Bird second by Mr. Anderson to close the public hearing. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Council comments? Bentley: I'm hungry. Rountree: When are they going to open and do they take reservations? Corrie: I wouldn't say you guys are eager or anything. Rountree: Mr. Mayor I move that we approve the transfer of the conditional use permit fora full service restaurant and bar from Rockets, Inc. to JAMD Enterprise, Inc. Under the Onion subject to staff conditions. Meridian City Council Meeting April 20, .1999 Page 21 Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley to approve the request for transfer of conditional use permit with a full service restaurant and liquor license from Rockets, Inc. to JAMD Enterprise, tnc. subject to staff conditions. Any further discussion? Gigray: Mr. Mayor, members of the Council, just quickly since this is really one of the first ones of these that we've had where we've had a public hearing on this and because staff recommended three conditions which it appears are not a problem in this matter, we would prepare an order for the Mayor to sign because it would be attached to the additional conditions of the conditional use if that's agreeable with Council as part of your motion, approving the transfer. Rountree: I would accept that. Bentley: I would accept it. Corrie: All right. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 22. PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 0.38 ACRES FOR PROPOSED HARTFORD SUBDIVISION BY GLENN JOHNSON HOMES -NORTH OF USTICK RD, EAST OF TEN MILE: Corrie: I'll open the public hearing and invite staff comments first. Hawkins-Clark: Mr. Mayor staff comments were prepared in a memo to the Planning and Zoning Commission on this particular item March 5, dated March 5. The general information point number one I believe is the only reference to this agenda item and it's the annexation of .38 that does have a single family house on it right now. It was somehow omitted from the language of the first annexation legal description. This is simply a request to complete the whole subdivision so that it's all part of the city and basically it's a map correction, a map and zoning correction. Corrie: This is a public hearing. Is there anybody from the subdivision here this evening to testify? RICHARD JEWEL 1729 S. MARSH WOOD, MERIDIAN, IDAHO Jewel: Mr. Mayor and Council members, my name is Richard Jewel. I live at 1729 S. Marsh Wood in Meridian. Generally we're in agreement of all the City of Meridian requirements. An overview of the development is shown on the colored plat. The property in yellow on North Ten Mile is the property subject to be annexed. The property will be served with public water and new water main that will be constructed in North Ten Mile. Public sanitary sewer service will be provided from the development. A revised legal description has been submitted to the City. My understanding is that a development agreement with the Ci#y of Meridian will be drafted by the City Attorney • MERIDIAN CITY COUNCIL MEETING: APRIL 20 1999 APPLICANT: JAMD ENTERPRISES INC. AGENDA ITEM NUMBER: 21 REQUEST: TRANSFER OF CONDITIONAL USE PERMIT FOR FULL SERVICE RESTAURANT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTW: NAMPA MERIDIAN IRRIGATION: COMMENTS REVIEWED SEE ATTACHED COMMENTS REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: J~ ~~~ INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Al Materials presented at public meetings shall become property of the City of Meridian. I q C~~ ~m~~ c~~~-~oba~~.r~ • HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live , (_08)884-4264 o,^ it Mem r~ CITY OF MERIDIAN PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT CHARLES ROUNTREE (208) 887 ~~ I I GLENN BENTLEY MERIDIAN, IDAHO 83642 L~ ~ RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-~8'J`/~ 1V~~LANNING AND ZONING DEPARTMENT KEITH BIRD MAR ~ `? 1999 (2os> a84-ss33 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insuce that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 13, 1999 TRANSMITTAL DATE: March 26, 1999 HEARING DATE: April 20, 1999 FILE NUMBER: CUP-99-006 REQUEST: TRANSFER OF CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT WITH LIQUOR LICENSE. FROM ROCKETS, INC. TO JAMD ENTERPRISES. INC. BY: JAMD ENTERPRISES. INC. LOCATION OF PROPERTY OR PROJECT: 501 SE 1ST STREET _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER 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.(PREUM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATIO (PRELIM & FINAL) IDAHO TRANSPORTA DEPARTMENT ADA COUNTY (ANN. N) YOUR CONCISE REMARKS: Mayor ROBERT D. CORRIE • HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (?08)884-4?64 CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) ss7 ~~ ~ ~ RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4~E C E I V E,,~ING AND ZONING EPARTMENT (_08)884-5533 KEITH BIRD MAR 2 9 1999 City of Meridian City Clerk Office TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 13, 1999 TRANSMITTAL DATE: March 26, 1999 HEARING DATE: April 20, 1999 FILE NUMBER: CUP-99-006 REQUEST: TRANSFER OF CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT WITH LIQUOR LICENSE FROM ROCKETS, INC. TO JAMD ENTERPRISES. INC. BY: JAMD ENTERPRISES. INC. LOCATION OF PROPERTY OR PROJECT: 501 SE 1ST STREET - TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C ^CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT C ITY ATTORN EY CITY ENGINEER _CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION D{STR{CT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: ~~ S C, hf ~v .~,- r i .o:/ ~`2~ Mayor ROBERT D. CORRIE HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT ('08)884-4'_64 ~~~- Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 czos) sal-'__'I I RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD ('-Og) 884.533 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 20 1999 TRANSMITTAL DATE: April 9, 1999 HEARING DATE: April 20, 1999 FILE NUMBER: CUP-99-006 REQUEST: SUPPLEMENTAL INFORMATION FOR TRANSFER OF CUP BY: JAMD ENTERPRISES. INC. LOCATION OF PROPERTY OR PROJECT: 501 SE 1ST STREET TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH SORUP, 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 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 8~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNF~TI/ ~) ~~ YOUR CONCISE REMARKS: ~-- ~~~ 1 3 -999 ~ « ~y~n'{ ..'ti ~h4. ~ 1.11 l~.'.xl..._ %y+ 1 i • HUB OF TREASURE VALLEY ~~~ ~l! ~ Mayor ~ A ~ ~ jyEG ~s ~EPARTMENT ROBERT D. CORR~ A Good Place to Live {{ ,~0~'884-4264 o ~n it M mberc CITY OF MERIDIAN _ °t~ ~~ ~~'"~ C}l'(JBL~C WORKS CHARLES ROUNTREE r }`r ~"')i~~IC~~I~TG DEPARTMENT 33 EAST IDAHO (208) 887 ~~ i ~ GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887 1 NNING AND ZONING KEITH BIRD ~~ ~ ~' ~ ~~ DEPARTMENT ' ` (208)884-5533 MAR 3 0 1999 City of Meridian Clerk Office TRANSMITTAL TO AGENCIES FOR COMMENTS ON ~~'~ELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 13, 1999 TRANSMITTAL DATE: March 26, 1999 HEARING DATE: April 20, 1999 FILE NUMBER: CUP-99-006 REQUEST: TRANSFER OF CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT WITH LIQUOR LICENSE FROM ROCKETS. INC. TO JAMD ENTERPRISES. INC. BY: JAMD ENTERPRISES. INC. LOCATION OF PROPERTY OR PROJECT: 501 SE 1ST STREET _ TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z ADA COUNTY HIGHWAY DISTRICT BYRON SMITH, P/Z ADA PLANNING ASSOCIATION KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) _KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM 8~ FINAL) SEWER DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT BUILDING DEPARTMENT ADA COUNTY (ANNEXATION) FIRE DEPARTMENT _POLICE DEPARTMENT ,,~~ ~~ YOUR CONCISE REMARKS: ///l~ ~~.,, ~.,~5 CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES ~ECE MAR 3 0 1999 CITY OF MERIDI~'V Return to: ^ Boise APR - 9 1999 ^ Eagle Rezone # ^ Garden City Conditional Use # %~/~ ~~" i ,Meridian ^ Kuna Preliminary /Final /Short Plat ^ ACZ c )~itl~~ ilT~~a`Y.f'~S ^ I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Run-off is not to create a mosquito breeding problem. ^ I I. This Department would recommend deferral 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. [S~ 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. Gjc~ 7rD ® l'Y~71 ~ 2v/ 6Ge Date: ~ ~~ /_~ ~57~6 ~is '^ l~ST ,~ TcY//~ ec~ Reviewed By: ~® C-~ CENTRAL CENT~tAL DISTRICT HEALTH DEPARTPI'ENT •• DISTRICT Environmental Health Division HEALTH RECE DEPARTMENT Review Sheet (DND 10/91 r~, rev. 1/91 • r RECEI~~ APR - 7 1999 CITY OF 1~RIDIA~, ~~~~~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Re: CUP-99.OOG Transfer of Coaditioaal Use Permit from Rockets, Iac. to Jamd Enterprises, Iac. Dear Commissioners: The Nampa & Meridian Irrigation Districts Eightmile Lateral courses along the north boundary of this project. When Rockets Restaurant was being built, the Eightmile Lateral was tiled but a license agreement was never completed. This agreement must be completed before the conditional use permit is changed. Once this has taken place, the District will have no further comment in regard to the change of use of this project. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA 8s MERIDIAN IRRIGATION DISTRICT BH:dln Cc: File -Office File -Shop Water Superintendent Attorney -Bryce Farris Ride 4 -Larry Gillmore APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 6 April 1999 • HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN cH.aRLES RouNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD MEMORANDUM TO: Planning & Zoning Commission, Mayor and Council FROM: Shari Stiles, P&Z Administrator µ~`~%-~"~~~ LEGAL DEPARTMENT (208) 884-4264 PUBLIC WORKS BUILDING DEPARTMENT ~2oa~s8~-22II PLANNING AND ZONING DEPARTMENT (208)884-5533 April 19, 1999 SUBJECT: Transfer of Conditional Use Permit for Full Service Restaurant and Bar from Rockets, Inc., to JAMD Enterprises, Inc. (Under the Onion) I have reviewed this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS 1. Conditions of approval for First Street Plaza shall be applicable to this project. 2. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 3. All signs must meet the requirements of the Uniform Sign Code and Meridian City Ordinance. Temporary signs, banners, etc., will not be permitted. The proposed monument sign shown within the right-of--way is not approved as part of this application. All signs are subject to review and approval of the Planning & Zoning Department and/or may be referred to the Planning & Zoning Commission. ~~a-4 ~IV,~'' ~, D APR 1 9 1999 City of Meridian. City Clerk Cffic~~ HOLLAND & HRRT LLP 208 343 8869 P.01/11 ~I.OLLAND ~i BART L>~ ATTORNEYS AT LA W SUIT13 1400, I O 1 SOUTH CAPITOL BOULEVARD, BOISE, ID 83702-7714 (208) 342-5000 Far~imile Aril 19, 1999 Facsimile Attention: From: Name ANGEL OR $RITANNY Name J. FREDERICK MACK Company MERIDIAN CITY HALL Office BOISE Fax 888-4218 Phone Location_ MERIDIAN IDAHO Message: Re: "Under the Onion" Transfer Application. FaX 1208) 343-8869 Phone 3a2-sooo You should receive pages(s), including this cover sheet. If you do not receive all of the pages, please call (208) 342.5000. X Original will not follow. Regular Mail Certified Mail Original will follow by: Federal Express Messenger confidentiality Notice: _- This facsimile may contain confidential information protected by the attorney-client privilege. It is intended for the named recipient only, If you aze not the named recipient, you may not use, distribute or otherwise disclose this information without our consent. instead, please call (208) 342-5000; we will arrange for its destruction or return, Attorney Number 909 Client/Matter Number Time Deadline ASAP Operator hlitials_ Joyice Date Transmitted 4-19-99 Time__ 4:30 p.m. APR 19 '99 16 46 208 343 8869 PAGE.01 208 343 8869 P.02/11 LICENSE AGREF.NSEN?, made mtid entered into Ibis daY of , 1999, by acrd among NAN1pA 8t MERIDUW IRRIGATION DbSTRYCT, an iniga6on district orgaav~od and cx+stin6 tmde~r and by virttto of the laws of th¢ State ~ ldahq parry of the fast part, herei~oafter referred to as the "District",and WILD SHAMROCK PARTNBR3HIP., art Idaho paorttmrslrip, 12301 West Bxplora Y)rive, Suite 240,13oisey Idaho 83713 p~Y or patties of the aooond pant, hexeina8er referred to ss the "Lice"- ~SLIT~~&~ETIi WHEREAS, Liccasoe is the owner of real property (burdened with the easecne>Yt of the District herein partic~ly described is the "Legal Descriptioat" attached hereto as Fxiubit A and by this refa~eace made a part he:oot; and, WHEREAS, the District owns the itr~ation ditch car canal known as ~Srl~iT~ LATERAL (henciaa8err r+Cfesred to as "ditch ar cartal'7, ~ integral part of, the District's irrigatiaut works and syst+~a, together with the easpoc~eot t~eEor to watvey irrigation water. operate. clean, maamtain, acrd repair the ditch or canal, and acccss the ditch or canal for those parposes; and, '9T~~REAS, said ditch or canal sad easement crosses and imsrsects Licensee's real property as shows ott Exhibit 8 attached hereto acrd by this refetet~ce made a part beroof; aatd, Wl~RF.A3, the Licensee desires a Iioease to approve aiad authorire previous coasavctiott or activity affecting said ditch or cstrtal or the District's easement im its course across the lands od the licensee in the manner and under the tetras sad conditioats lx~areiaalter set forth; and, WI~REA5, it is necessary that the District prnt~ect absolutely its right m control say modi5catian or alteration of ixs waterco~utses and its right of way along its watzrcaases; NOW,1'FIERFFORE, for and in oortstd~eratioa of the prerrtisas acrd of the wvetutnts, agreemears end cotulitions hareixtaffier set forth. the panics agree as follows: 1. The LaceaSee shall have the right to rmcdify the said ditch ar caoel or encroach upon the District's easement along said ditch or coral in the maamcr getuxaUy described in the "Purpose of License" attadtod hereto as Exhibit C aad by this reference made a part hereof Any modi6caction of said ditch or canal by the Licensee or encroachac-ent upon the District's easemarrt slang said ditch or t~ma! shall bo performed ~d maiuorainod in accordance with the "Specaal Caoditiouts" stated in Exhibit D, attached hereto and by this referwce made a part hereof. APR 19 '99 16 46 208 343 8869 PAGE.02 HOLLRND & HRRT LLP 208 343 8869 P.03i11 • Z. Th1S 5~4, rGCfriE'II~ p~[t81'OS Otl~- t0 t11C 1+tCC1~SCd~s IDofllflCAt1011 Of S81d i~t~ C~ C8~ OT ~ to the Dimes east for the pmposcs and in the mamteyr desuibed herein The Liceasoe shall not tba lor~oa of the ditch or canal, bury the ditch or canal in pipe, or ctherwisc alter the ditch or cartel ip any mentor pot described in this agroeme~rt without foal obtaining the written permission of the District. 3. Each facility ("facdiay" as used is tlas ag,~osmeat means way object our thing of any nature installed in or as the District's easenoertt by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed. operaa:od, maintained, and repaired at all limas by the Licensee at the cost and expes<se of the Licensee. a. Licea9ee co coastrua, install, operate. mairttaitr and repair each facilityy and conduct its aetivrties witTr<in or a8b~ng the District's easement So as not to oo~ostimte or cause: a. a ltazatd to any person or prapercy; b. as iatertuption or interference with the flow of inigetion water in the ditch or canal or the delivery of irrigation wales by the District; e. as inaeasc in seepage m arty other incise is the loss of water $o~an the ditch or canal; d. the subsidence of snit within or a~acept to the eascrnrxrt; c. any other damage to the District's easemaat and itrigatiaan worlrs. S. The Licensee agrees to indeatattitt~-, held httrtnless, apd defend the District froon all. claims for damages arising out oaF any of the Licensee's co~nsttuction ~ activity which constitutes os caaues any of the cu~oes in the p~ocodmg paraginpit, 4.a. through 4.e., or any other damage to the easement and iaigetieu~ wodcs which may be caused by the construction, installation, operation, manatenaace, repair, and ~3+ use or comditmu of any facilioty. 6. Cleanse agrees that the work perfomaod and the materials used im such a>astrucaon shell at all tunes be subject to iaspoction by the Dis~ariet and the District's asgineers, aad that fuoal acccptaACC of t'he such work shall not be made unal a!l such work and maRrsials shall have boas expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 7. The District reserves the right, at the District's option, to remove any facility installed by the` Lioen9ee and tp repair any alteration by the Licensee of said ditch oc canal and the eascmestt therefor which does net ~3' with the tams of this agreemept, and to remove any impediment to the flow of v~rater in said ditch or canal and any unsafe oorJdi~ion or hazard caused by the Licensee, at any time. and the I.ice[~See agrees to pay to the District; nn dapaad, the costs which shaIl be reasonably expended by the District for such purposes. if the LioEOSea shell fail in any respect w properly maintain and repair such facility, than the Dnstrict, at its option, and. without inopair<ing or in anywise affec~ttg its other rlglus cod remedies haeuadcr, shall Gave the right to perfatm tbt necessary maintavance and repairs and the Licensee ogees to pay to the District, on demand. the cost or expense which shall be reasan~ly emended or inaaral by the District for such purposes. Th>r District steal! give reasonable notic'A to the Liaeasee prior to the District's paforming such maiatmmace, repair or otlur work except that is cases of ar~esgenry the Dastrid shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licenses or air third party against the District for faihore w exercise the options stated iA this Paragraph, sect Licensee shall indemnify, hold harmless and defend the District from any claim made against the District arising out of or relating to the terms of this paragraph accept foot claiaas arisv~ solely eau o!'the ttegligertce of the Disttzct. LICENSE AGR,I:EIW~iT -Page 2 APR 19 '99 164? 208 343 8869 PAGE.03 HOLLAND & HART LLP 208 343 8869 P. 04/11 8. Neithear the terms of this agroemmt, the permi.4sion granted by the District to the Licensee, the Licensee's activity which is the subject of this a~toeartont, nor the Panics exercise of any rights or performance of ~N obligatiaag of this agreeroatt, shall be ooastntod or asserud to extend the application of nay stattue; cult;, regulation, directive os other requirecaerit, ar the jurisdiction of any fede=ral, state. or other a-geflcy or official to the District's owm9hip, operation, and n~aintenaoce of its ditches, caooals, drains, irrigation wanks and fa~lidcs which did not apply to the Distria's operations and activities prior to and without execution of this agtcment. In the event the District is required to ootnply with any such requirements or is subjad to the jurisdiction of any such aLrmcy as a result of exeatrion of this ageemeat ar the Licensee's activity authorised berewtder, Licensee shall indeamnify, hold hattYtless aodd de@atd the District from all costs and liabilities associated with the application of such laws or the asse~rtian of such jurisdictiaa or, ac the option of tha District, this agreement shall be of no force and effect atnd the Licensee shall cease all activity and reanove airy faa'Lity authorized by this agoement. 9. Ia additit~ w an other won provisiouns bexein, Licensex further agrees to in~domaifY, hold harmless cad defend the District from atgr injtuy, damages. claim, lien, cost and/or eacpease (inchtding reasonable attorruy's fees) incurred by, or asserted against, the District by reason of the negligent act9 or omissions of Licensee or its agents, contractors or subcontractors in performing the caastruction and activities authorized by this ageeoo~cnt. . 10. 17te liten,See agttxs that the Districx shall not be liable for any darnagos which sha11 occur to any facaliatyr. sttuwa~q platut; ar any otbor impr+oivemont of nay kind or nature whatsoevea which the Licensee shat! install oa the said easaneot area of the District in the reasonable exeroisc of the tights of tha District in the cause of >a~ of maiatouatace or repair of said ditch or canal. The Licensee further agees to suspend its use of fire said easemr~tt area whey the use of the easement area is required by the District for maiatcaance or repair under this ar auy aRher paragraph of this sgeenctettt. 11. Licensee shall place no stxucatres or landscaping of any kind above within the Districts easement axes except as referred to in this agre,eraead or exhibits hereto wi~out the prior written conseri2 of the District. 12. Sboold either party incur costs ar attorney fees is comoection with el~rts to enforce the provisions of this ag~teenoeat, whether by instittaipn of suit or not, the parry riglufully eofaa~cing or riglutfully resisting enfcrceaoeat of the pravisions of this ageement, or tbo prevat7t~ng party is case suit is instituted, shall be entitled to reimbursetnetu for its costs and reagor~able attorney fees from the other party. 13. 1ha parties horde understand and agee that the District bas tzo rift in any rasped to impair the uses mod purltosos of the iattg~roan works acrd system of the District by this agoemeitt, nor to gavot any rights is its irrigation works mod system it>compatibie with the uses to which such irrigation works and system are devoted enact dedicated and that tlris contract shall be at all times construed aacordi~og to such principles. LICENSE AGI~`EM~NT -Page 3 APR 19 '99 16.47 208 343 8869 PAGE.04 HOLLRND & HRRT LLP 208 343 8869 P.05/11 14. Nadhiog haran eotaained dull be oonstivod to impair the right of way of the District in the said ditch or canal and atl uses of said ditch or canal by the Licensee and the license hec'ein Provided tltesefor shall remain i~Orior and subservient to the rigfits of the District to the use of said ditch or canal for the p~nsmissiott and delivery of ierigation v+aur. l S. Ia the even of the fm~ tefitsal or negkd of the Lacensoe to fly with all of the terms and oatditiens of this agreo~ the license of the I.iCa~soe ~mdar the terms hereof may be tearminated by the District, and any facility. sttiveture; plant, or any other itnptnve~marrt in or over said ditch or canal, and the right oYway tba+efor, wl~ch may itttpede or relict the mait~anoe and operation of such ditch or cannel by the District with its equipmcpt for the anaint~eaanee of its said ditch or canal may be remavod by the bi.strict. 16. The I.icensoe agrees to pay attorney fees or engilaeering fees charged by the attorney for the District or by the engiooers 'for the District is connection with the preparation of this License Agreement or in oonoectioa with negotiations card ittg the teams and co~o~ditinns of Ibis Luu~se Agareetneut. 17. Nothing in this ap'oettaeut shall create ar support a claim of estoppel, waiver, prescription a adverse possessiao by the Licensee or any third party against District. 18. This agreanent is not intended for the bene5t of any third partsr and is not enforceable by arty thitdpatty. 19. if amy ptuvi~ion of this agteaanEttt is d by a covet of'coeopetent~isdiction to be invalid or otb~erWrise unenforoe~able, all remaining provisions of this agteemmt shall remain is inrll face and effect. 20. The wad "licmaee", if used m the newer io this ag~aetnent, inclt~es the masculine and feminine genders, the suggular number inchtdes the plural, and the plural trrrmber includes the sing«lar. The covenants. cptrd~iorta and agreeaoents herein contained shall constitute oDVe~nmts to run with, and rwuuing with, all of the lands of the Licensee descaibed is said Exhibit A, and shat! be binding on each of the panties herd~o and err a!1 patties and a!! perseas claiming under them or either of theme and the advamagcs hereof shall inure to the be~nefiit of each of the parties hereto and their respective successors and assigns. NAMPA & MERID[AN 11tRICrATION DIS?RICT By Its Ptesiderrt ATTEST: Its Secretary LICENSE AGAEEMEr(T -Page 4 E..' APR 19 '99 164? 208 343 8869 PAGE.05 HOLLAND STAVE OF IDAHO ) ss: County of Cam ) LLP 208 343 8869 P.06/11 Wl4A SHAMROCK PARTNERSHIP, an Idaho painnetship ~~ ~~ 0~ this day of ,1999, before nu, the undetsip~ a Notary Pubic it and for said Stale. pe~ct•aoally appeared eAd , lmawn to me to be the Presider[ aad Secretary, respectively, of NAMPA ~ MERIDIAN IRRIGATION DISTRJCT, the inigadoa district that executed the fcmegoin~ iast<vmnent and aclaaowladged to me that sucL irrigation district exeartod the same. IIJ WITNESS WH~REBF. I have hereutrto set my hand and affixed my offieial seal, the day and year in this c~tlEcata fast above written Notary Public for Idaho Residioag at Nampa, Idaho My Caaoom4ission Expires: sTnTE o~ covey af,~_ j~~ Oo tbis~ day of ~~ 1999. before au, the ~mdasigued, a notaay public is and far said state, personally appea~rod Rick 7~wmas, kbown to me to be a partner of WII.D SHAMROCK PARTNERSHIP, tba entity that exocuaed the forcgoiag instx~mcat, and adamewledgod tp me that such entity executed tho saorme. IN WITNES5'WHEREOF. t have hereunto s~ my hand and afFurod my ol5cial seal, the day and year in this certificate s,rs[ above written ~01A~~ * ~ ~~~ t v PL,LLC ~'~ o ~~o , ~. F~ ~~~ 0~1~ _~~L Notary Public far y,~~a~ E.~.,: Residing at~~st.J~.~`'~r....~~~~ My Commission F.~tpu c LICENSE AGREF.1vff.NT -Pape ~"~ APR 19 '99 16 47 208 343 8869 PAGE.06 RPR-19-1999 (,an Avenue Sectivn 18, T3N, k I E, DM Nareel No. S HOLLAND & HRRT LLP 208 343 8869 P.07/11 ~~::~ ... .;i:tiL'i?:: 30i5~~ IU Atla county Migl+w.y Dlttrtc.• 5 t t RESOLUTION N0 '9? flPlj lfl I~I~1 ~ tl2 / ~U _ . ~ „ ~Q/~ I'OR IttECG1.:'::... ~~~.....aJEfTOF VACATION AND At3AN00NMENT 13Y'1'I•IL"ADA CUUNI'Y 1•IIGFIWAY DISTRICTCOMMISSIONCRS:,ctt$gTfc.I:ns'I'I.AKI:_ .AItY F. RICLIARD.40N AN~4,j~FRRY - H IB -R, A RESOLUTION VACATING A PORTION OF GEM AVENUE SITUATED IN GUvCRNMENI' LOT 1 OF yF,CT10N 18, T.3N., R.ID., A.M., ADA COUNTY,IOAI~I(). WIdERGAS'1'IIC AUA COUNTY }11G}(WAY Dt51'RICT ADOPTGD r1NDINGS OI° I~AC'1'5 AND CONCLUSIONS OF LAW, DATED APRI1.2, 1997, FINDING'fFIAT'rl li: VACATION Of A POR'f10N Oh GEM AVFNUC SITUATED IN GOVERNMENT LU'[' 1 Oh SL'CI'ION 18,'I'.3N., It.IC, [3,M., ADA COUN1'Y,1DA}IO IS IN THE PUBLIC IN7'GIt1;S~-~. NOW, TFtERCFORC, dC fT RCSOLVED BY TFIG DOARD Of COMMtSSIONI SRS UI~ 1'NE ADA COUNTY HIGtIWAY DISTRICT THAT: Vacation - A portion of Gem Avenue sittatal u+ Government Lol 1 of Section I8, T.3N., It. I fi„ D.M., Meridian Gty, Ada County, Idaho. A parcel of fond more commonly known as a portion of Gem Avenue lying adjacent to the at-uthcrly boundary of Guvcrnrttertt Lut I, Section 18, T.]N., R. I E., Soise Meridian, AJa County, Idaho, described in Right-of-Way Deed, Gkd as Inslrumatt No. 148723, records of Ada County. Walw, said pateel being more parlicu4trly described as follows: Commencing at 11tc southwest comer of mid Govt:rnt+lcRt Lot t ; thence North 89'30'40" Ettsl, 30:01 feet along the south bututdary of stud Govennnt;n( Lul 1 tv a point lying ]0.00 feat at right angles to the west boundary of said Government Lot I, also said point being the KCAL POINT OF BEGINNING; thence wnlinuing along said south boundary of Government Lot 1, North 89°30'4U" littst, 419.53 feet to a point, said point measuring 60.00 feet at right angles to the centerline of R.ast 1'lrst Street; • thence North 01 ° l S'S I" East, t tS0 feet along s line parallel to acid centerline cif Bast first Street to a point of curvaiure fur a curve being cni+cave to the southwest; (hence along said curve to Il+e te!! having z radius of 17.50 feet, an arc kngeh of 27.v 1 fact, a centnf angle of 91 °Z3' 17", a chord hearing of North 44.25'47" West 25.05 feet to a point of tangency; Ihettcr Soutlt 89°S 1'24° Wort, 384.59 foot to a point of curvattrrc for a curve being a„tu~~e to the svutbesut; tltatet along a curve to the IeR ItavittQ a radius of 17.SU leer, an arc length of 27.211 tact, a central angle of S9°02'19", a chord bearing otSouth 4S°20'1 S° West, 24.54 feet to a point of tqugency, sail point lyinly 30.00 feet to right tlttgles to the wnt boundary of said Guvomment I :~~t I; thence Soud+ UU'49'OS" Wee. 14.75 f„et alnng n tine parahel w said uvcyt buetttrl.•u•y u( Govcmment Lot 1 to U+e RFAL POINT OF DEGINNING. Said parcel contains 0.292tS ucr~y ur 12,745 square foc6 ~u-cz ur less. >jasfs of t3earing: North W°49'05" Ease along the west boundary of Goverrutunt lot 1, Section 18. T.3N., R.IE., t3o'+se Meridian. Ada County, Idaho, as sJtown o~+ record of Survey No. 3435, tiled as Insrcument No. 960Uti617 in the records of Ada Ca~unty Reeonlers Office, Boise, Idaho. : SUUJECT TO ItCI'CN'r1UN of publicJprivnte utility easenKnts, drainage easu--Wtts, irrigation Exhibit A, page 1 APR 19 '99 16 48 208 343 8869 C, PAGE.O? APR-19-1_999 1640 HOLLRND & HRRT LLP 208 343 8869 P.08/11 ' eoseulattS4 atul/or other easements of record or not of record or in use upon or under snit! described public ri~its-of-way and/or the provisions for relocetiodrepleeernenl of existing facilities. C;ncts ~ associared with relocation/replaeement ofexisting ea9antcnls and faeililias shell be borne by the applicant with approval of the applicable tttili[y/agency. SUDJECr ?0 RCa'I'ENTION of a perpetual wcmertt in favoe of Idaho Power Company, f~.A, (3ox 70, Boise, tdalto 83703 t0 repair, replace, maintain aad reinfbree existing facilities, t;osts associated with reloeation/reptaeemcnt ofexisting heitities stall be borne by the applicant with approval of Idaho Power Company. De and the same Is hereby vacated and abnntloncd unto ttte adjacent and abulling propet•ty owner as follows: WILD SI•IAMROCK PAR'MCRSI IIP 12301 WEST EXPLORER DRIVE, SUITC U240 t101SC, IDAHO 87717 Dated this 2nd day of Apri11997. ADA COUNTY HIGFIWAY DISTRICT' l3y:, / Susah S. Eastlake, president Board ofCommissionas By; 1•~ E. R~dsnn, Vice President Qettf@ of Commissioners By: 7W~.~wt_ S1 y R. Wuber, Secretary t3oard of Commissioners ATTEST: ~•' ~ O . ~ ••' (~f ~ ~ 'Y .t ` ' ~J~ P .• '~...T •. f . rr • ~, STATE OF ID9l!/tij~~CUM;Y O~,ADA) SS. ~.~Y ofi ~ ~ 197, bcfora me. a notary pubGe in and for said Ste. personalty aPPt:ared 8U5' N S. CASTl.AKE, GARY B. RICHARDSON and SI~IERItY R. tlUBEIE,'•kncwtt to me to, be the 13oard of Corttmissioners, t•espettively, of tits Ada Cvunty I ligltv~ray Dist~iot and scJcnowlodgal to me that thry oxooulod this instrtanent on behalf of said Highway Dishier for il'tevurpo®es (herein natal, • ~, ' r. ~•~.IN WITNESS VVHERfi0F,1 have hereunto sat my hand and affixed my official seal, the day.an~yea~fr in this certificate f rst above written. .^ ' / '~ ~ ~' ' ~ Notary public for the State of Idaho ~ f d' I i. '• ` ti : ~ ~ ' Residing a11?loise, Idaho ~~ ~ .. ~ • ~ ~•-•.;. ; My Commisaiat Cxpir+cs• ~ 3i ~ •~ ~. Exhibit A, page 2 ' APR 19 '99 16 48 208 343 8869 PAGE.08 1999 16 41 HOLLRND & HRRT LLP Exhibit B 208 343 8869 P.09i11 r~ APR 19 '99 16 49 208 343 8869 PAGE.09 APR-19-1999 16 41 r HOLLAND & HRRT LLP 208 343 8869 P. 10/11 y ~ ~ ~ .~ ~ ~i ~ ~_ _ ~~ ~ ~E ~ ~ --c~•mw--~ .... t E H ~ ~~ ~ s ~~ E A ~" "' ~A a ~ ~~ `~ ~ ~ ~ g~ sa V W ~ - iF Qi ~ A ~ p w~ ~: A Ri v~ a ~ ~• M~ Q y -~ a ~ ~ a i • Q z{~ ~~[i ~-~i i~~_~ ~ y _„_ e: a U W ti 0 a s ~~ ~~ ~ ~ ~ ~~~~~~t ~ ~ ~~~3 ~ ~;~~~t~- ~... .~;iu~ ~ ~r ~ a ~ 8 Y ~~ r z U N Exhibit ~, page 2 APR 19 '99 16 49 208 343 8869 PAGE. 10 HOLLAND & HART LLP 208 343 8869 P. 11/11 F.~IT C ose of License The purpose of this License Agreement is m: permit mad autbo~rize Liceesce's previous piping of a portion of the Eigbtmile Lateral; mid 2. permit and autbaire I.icengce's previous oatnsoruraioa of as asphalt parking tot orrer the Eightmile lateral. aU within the ptopeny of the I,iceosee described in Exhibit A, locatoct 6etsveea Past First Street sad Meridian Road is Meridian, Idaho. a. '[be pipe; installation, and baclditl shall, at a miainorua, meet the requirements of the District and standard speaficatioas for such materials and conearuccrio~a, as set forth is the Idaho standards for public works ooagtanrctia®oc other standards recognized by the eitsr or county in which the pipe is to be placed. b, laceasee steal! be r+espeaasible £or opetatim, matntenmoc~, slid repair associated with the portion of the Eightmile Lateral wb~ids the Lieettsee places in pipe pursuant to this Laccnse Agropmeat, including rehabilitation or replacement of the pipe and rehabilitation of the District's easerneiu~ If the Ir'ccer:ssee shall far! am any respect to properly operxote, maorq~ain and repair such portion of the F.ightmile Lateral, then the District, at its optioua, and without impairing or is anywise affecting its other r~hts and remedies hereunder, shall have the right to perform the n maintettaace and repairs sad the Licensee agrees m pay to the District, oa demand, the cost or expense wltich shall be reasonably expended or incurred by the District for such proposes. ?he District shall give reasonable notice m the Licensee prior to the District's pert'ortniag such maiutr~ance, repair or other work except that itt cases of mttergetwy the District shalt attest w give such notice as reasonable under the circumstances Nothing in this paragraph shall Qeate or support say claim of any kind by Licensee or ~y bird PAY tht; District for failure W exerase rtes options stated is this paragraph, and Licensee shall indemoi!y, hold harmless aqd defend the District from any claims made against the District arising out of or relating i4 the tertt~ of this paragraph except for claims arising solely out of the negligence or fault of the Disuict. e, Licensee shall not excavate, Place mry structures. plant nay trees, shrubs, or landscapIDg or pesfonn any other construction or activity withiat or aging the District's easeoaettt for the Eight Mile Lateral except as referred to in thSs a8roemaat ar exhibits hereto without the prior written consent of the District. The District's easemaat along this secxion of F.ighimile Lateral is 80 feet, 40 feet on each side of ceaterliae. LICENSE AGREEMENT -Page 6 TOTAL P. 11 APR 19 '99 16 49 208 343 8869 PAGE. 11 APR 20 '99 02~42PM NAMPA & MERIDIAN IRRIG RE~~D APR 2 0 1999 CITY OF MERIDIAN P.2i2 ~~u~a ~ ~l ~r.~.t ~~gat~~ D~~ct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651 •d395 FAX # 208-x63.0092 Phones: Arco Code 208 Will $erg, City Clerk OFFICE; Nampo d66.7B61 Gity of Meridian SHOP: Nampo d66-0663 33 East Idaho Meridian, ID 83642 Re: CUP-99`006 Transfer of Cor>editiona]. IIse Petmi-t firom Rockets, Inc. to Jamd Eatexprises, Inc, Dear Commissioners: The Nampa & Meridian Irrigation District has had all necessary agreements completed for the above proposed transfer of~conditional use. The District's Board of Directors has approved an agreement which rags necessary for encroach- ment on the District's Eighrmile Lateral. Therefore, the Nampa & Meridian Irrigation District has no objections to this transfer or any further comment as•a11 of the District's conditions have been met, Please feel free to contact me if you feel further discussion is required. Sincerely, John P. Anderson, Water 5~perintendent NAZ'Il~A & MERIDIAN IRRIGATION DISTRICT JPA:dln Cc: Fzle Each Director Secretary-Treasurer Asst. Water Superintendent Ringert Clark Chartered -Bryce Farris Mona Mack Ride 4 -Larry Gillmore Ada County Highway District APPROXIMATE IRRIGABLE ACRES RIVER FIOW RIGH75 - 23,000 - BOISE PROJECT RIGHTS • x0:000 APR 20 '99 14 50 208 4630092 PAGE.02 20 April 1999 APR 20 '99 02~42PM NAMPA & MERIDIAN IRRIG NAMPA & MERIDIAIJ IRRIGATION DISTRICT SHOP Nampa Line: (2pg~ 466-0663 ~`~ L1ne. (2Q8) 463-0183 5525 L. GREURST NAMPA, IDAT~'p 83~ F.A,CSIM~LE COVER S~IEE Date: c'p r~ / q q , T P. 1/2 Number of pages: Please deliver the followa.~g pages to: From: ~,,[ h P •4 h ~~r S o~ Subject. (~.-~de~ ,~ . ~ O~~o~ - ~/Cyrraa/ ~~ fir Remarks If you have an ----~ Y Q~'oblem.s r~.ving, pie cell ~ shop is ~c APR 20 '99 14 49 208 4630092 PAGE.01 ~ ~ RE°E~D APR 2 7 1999 CITY OF 1VIERIDL4N I~~J ' ~ ~ . 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Re: CUP-99-006 Transfer of Conditional Use Permit from Rockets, Inc. to Jamd Enterprises, Inc. Dear Commissioners: The Nampa & Meridian Irrigation District has had all necessary agreements completed for the above proposed transfer of conditional use. The District's Board of Directors has approved an agreement which was necessary for encroach- ment on the District's Eightmile Lateral. Therefore, the Nampa & Meridian Irrigation District has no objections to this transfer or any further comment as all of the District's conditions have been met. Please feel free to contact me if you feel further discussion is required. Sincerely, John P. Anderson, Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT JPA:dln Cc: File Each Director Secretary-Treasurer Asst. Water Superintendent Ringert Clark Chartered - Bryce Farris Mona Mack Ride 4 - Larry Gillmore Ada County Highway District APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 20 April 1999 ~il 501 S.E. 1ST ST. PROPERTY OWNERS WITHIN 300' HOPE-PONDEROSA GREG LTD GUARDIAN MANAGEMENT PO BOX 5668 PORTLAND OR 97228-5668 231 S MERIDIAN RD CENTERS ALLEN LEE & DIANNE 3770 S CINDER RD MERIDIAN ID 83642 S MERIDIAN RD MAYFIELD ROBERT E & EVANGELINA HC 67 BOX 2050 CHALT~IS ID 83226-9701 305 S MERIDIAN RD CASCADE APARTMENTS LLC PO BOX 518 MERIDIAN ID 83680-0518 325 S MERIDIAN RD N&DINC PO BOX 8S 1 MERIDIAN ID 83680-0851 417 N MERIDIAN RD 417 S MERIDIAN RD BISS JOHN JR & KELLY 7:~A I33~1 E _ ~ S~ N N MERIDIAN RD g ~~ y BERRY ARTHUR J AND TAMURA DOUGLAS W 960 BROADWAY AVE STE 4S0 BOISE ID 83706-3671 N MERIDIAN RD S S S S MERIDIAN RD WILLOWBROOK DEVELOPMENT INC 210 MURRAY ST BOISE ID 83714-4615 601 N MERIDIAN RD r 9 rnQ ~ l ~-n s ~ ~`~ ~,~ _ ~ 9 3z.g7 MERIDIAN DAIRY SHOWS INC GERRY MATTISON 1892 HENDRICKS CT MERIDIAN ID 83642-1326 322 E O1 ST ST LES SCHWAB TIRE CENTERS OF BOISE INC PO BOX 667 PRINEVILLE OR 97754-0667 303 E O1 ST ST MERIDIAN BOWLING LANES INC 2710 LAURELHURST DR BOISE ID 83705-4562 324 N MERIDIAN RD WILD SHAMROCK PARTNERSHIP 12301 W EXPLORER DR SUITE #240 BOISE ID 83713-1548 521 E O1 ST ST ZAMZOWS INC 4741 GLENWOOD ST BOISE ID 83714-3512 136 E WATERTOWER LANE HON WILLIAM A AND HON ROLAND L NORRIS WILLIAM E PO BOX 828 BOISE ID 83701-0828 107 E WATERTOWER LANE PIONEER BUISNESS CENTER 102 S 17TH ST SUITE #300 BOISE ID 83702 320 E CORPORATE DR FIRST INTERSTATE BANK OF IDAHO WELLS FARGO BANK PO BOX 63931 SAN FRANCISCO CA 94163 210 E CORPORATE DR • FIRST SECURITY BANK OF IDAHO TAX DEPARTMENT PO BOX 30006 SALT LAKE CITY UT 84130-0006 E Ol ST ST 536 S MERIDIAN RD G & H ENTERPRISES PO BOX 190008 BOISE ID 83719-000$ 601 E O1 ST ST ROCKY MOUNTAIN PIZZA HUTS INC 504 N PHILLIPPI ST BOISE ID 83706-1522 675 E CENTRAL DR /. • • l ~ . - ~ -