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HomeMy WebLinkAboutDakota Company RZ 99-007>k* TX CONF I RM~ , , ~ J REPORT *>k AS OF OCT 07 'S-~ 1622 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 14 10/07 16 21 208 888 1097 MODE MIN/SEC PGS CMD# STATUS EC--S 00'32" 001 130 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 November 3, 1999 for the purpose of reviewing and considering the application of Developer Diversified Realty Corp. for a rezone of 11.4 acres from I-L to C-C, which is generally located south of Fairview Avenue and east of Records Avenue. Furthermore the application requests annexation and zoning of 13.09 acres. The application requests a zone of C-C. A more particular description of the above property is on fife in the City ClerKs 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 8"' day of October 1999. G. BERG, JR., PUBLISH October 13 and 27, 1999. `` `fir r''.. G ~~POlgq ~ ~„ BB L _ ~~~i~ - ~~, ®S' .~ (~'~~~i~II~~'S~ '1,,~~~1~~~~~~n n~~~~µ,~~~``\~ ~'' - NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 6:00 p.m. on July 29, 1999 for the purpose of reviewing and considering the application of Developer Diversified Realty Corp. for annexation and zoning of 13.09 acres. The application requests a zone of C-C. Further the application requests a rezone of 11.4 acres from I-L to C-C, which is generally located south of Fairview Avenue and east of Records Avenue. 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 28th day of June, 1999. PUBLISH July 14 and 28, 1999. ANGE L. S, DEPUTY CITY CLERK ~"~ '` V r"' `° ~~ -v ~J ~~~~tr!l~~7 t9Y4{{tip _ ~ ~ ~ `" Q~ N a ~1 U (~ ' ~ ~ - r __ __ V' O~ ~ N ~ ~ j ?.~ v `-- S _ ~, ~ - V ~ I __ -__._- `° ~ ~, ~ ~ N R OROS AVE. v<J f w ~ ~~~ rn ~' \ _ , *tt` /~ it ,~, ~. \ ti ~> ~ o ~~ m ~~,~ ~ -= ~ o , ti ~ - ~ -- - N 1~--_1 _ ~ I 'J u \ l- ~ ~ r - r-~ ~- l o ~~~ ~ ~_ ~ v I ' Y \ d - _ _ ~I r U ~~ ~~ m ~ ~ ~~~ ~~~ ~ m '~ ~ ~ ~ n m ~• ~ m ---~ - - -1 ~ ~ --- i ~, ... I u u rv j~1 ti l O ~ -~---1- -- ~----~ ~ io _r~ ~_T.IM 3~Ilt7~Sl`~3 ~ N O ~---- y I~ -~ i--i -i--~ ~ s j i ~' U a u ~' ni ~ _ ~ ~-_ - f 1 l 1 >~ ., • D K `_ i w 1~ ~~ ~ ~\~ ~ ~ I' _~ ~^- -~- Z ~ ' t m ~ ~,~ ~ ~ A , .i ~ D ii ~~ p n I ~ _ _ r i" > - -~ ~ a ~ - , I ~ \ ~ o z ~ ~ i , ~ \ m i Z i ~i ~ `r \ - ... NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 6:00 p.m. on June 17, 1999 for the purpose of reviewing and considering the application of Developer Diversified Realty Corp. for a rezone of 11.4 acres from I-L to C-C, which is generally located south of Fairview Avenue and east of Records Avenue. 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 24th day of May, 1999. PUBLISH May 26 and June 9, 1999 WILLIAM G. BERG, JR., CI ERK ~ ~~ttkekt~r4+4r~r4 ~~ f ,• "a .,} 1~ y~~~~l~ 1p,~^~~ I ~r~ V ~~L ~'~ ~~ ~ ~' /tl,, lJ~J}4l;346 Pgtiltt~~~t =~J>, .'~ ,~ ;~ ~!'r ~ \ /i N N io 'S O~ IJ 11 1 h~ a aa..,., ~ -- '-~ Ai w ~ ~i ~o ~; ~~ (~ ~' I ;; ~ ~ ~ ~r~~ ~~ , t _ ~ ~~a ~~ ~ __~ .I' ', J-_~~ i T --__ ~ ~~--.1 T ~ A 1~ n m i vl O D _ ' '. D J f; r _ , ~~ ~ ~ ~ - ~' ~ _ ~ f 1 `~ p L ~\ o i \ m I ~` z it ~~ ~ ~ i ** TX CONFIRMf,,_JN REPORT ** AS OF MAY 24 'yy 1310 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 05 05/24 13 09 208 888 1097 MODE MIN/SEC PGS CMD# STATUS EC--S 00'31" 001 001 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 Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 6:00 p.m. on June 17, 1999 for the purpose of reviewing and considering the application of Developer Diversified Realty Corp. for a rezone of 11.4 acres from I-L to C-C, which is generally located south of Fairview Avenue and east of Records Avenue. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 24'~ day of May, 1999. PUBLISH May 26 and June 9, 1999. ~G WILLIAM G. BERG, JR., CI ERK ~`,~,t~e~a u~l tlrll!!t!!`/ ~~. OiF ~~i~ -. _' ~ ,~ ~ ~, "~3 ~ !1!Illlf111 ~t ltl~~,1, i-•. Mayor ROBERT D. CORRIE HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT Council Mem rc CITY OF MERIDIAN PUBLICgWORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTt-EY MERIDIAN, IDAHO 83642 «08~ 8872211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 10, 1999 TRANSMITTAL DATE: May 12, 1999 HEARING DATE: June 17, 1999 C~YI'~C~e_ ~~ FILE NUMBER: RZ-99-007 REQUEST: REZONE OF 11.4 ACRES (FROM I-L TO C-C) BY: DEVELOPER DIVERSIFIED REALTY CORP LOCATION OF PROPERTY OR PROJECT: SOUTH OF FAIRVIEW & EAST OF RECORDS AVE TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH 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 MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: DAKOTA COMPANY, INC. May 03, 1999 Ms. Shari Stiles Planning Director City Of Meridian 200 East Carlton Suite 201 Meridian, Idaho 83642 RE: Rezone Application 11.4 +/- Acres - East Fairview Avenue Dear Shari: Enclosed is an application for rezoning for a parcel of land located approximately one half mile east of Eagle Road. All of the required documentation is enclosed, along with the required application fee of $717.24. Please review. Should there be any question please fell free to contact me. Sincerely, Tom Bauwens VP Construction Dakota Company, Inc. For Developers Diversified Realty Corp. ^ PHONE (208) 343-5223 FAX (208) 343-4954 380 EAST PA2KCENTER BLVD. SUITE 100 BOISE, IDAHO 83706 CITY OF MERIDIAN ~°" 33 East Idaho Street, Meridian, ID 83b42 Phone: (208) 888-4433 Fax: (208) 887-4813 j~ -- - 1`,~~~i MAY ~ ~ ~~99 ai)IAIV~ PLANN~'G 1~~'LO~`L~`!} r ~~_ q - ppl APPLICATION FOR ~ a REZONE PROPOSED NAME OF SUBDMSION: / GENERAL LOCATION: l~Z /'nlt r ~~ ~ G` ~° ~ZU, TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL}: CQm/rl~/zG~~ ~ ACRES OF LAND IN PROPOSED ANNEXATION: ~~~ [~ -~ /~GILt S PRESENT LAND USE: 1/~G~~ - P~-~% ~ ~i9n~~cy ~~.~~ /fir ~e.~r~~,q,~ >~~~ PROPOSED LAND USE: ~4!'~7/~'~i°.~'GlfJt_ .. „ PRESENT ZONING DISTRICT: ~'L ~ ~o~0i~~z.. (JSE= ,~~i~ iT „ PROPOSED ZONING DISTRICT: C- C ~~ Ca~my%~~T'~i ~+~iw~SS' -~-s~"~r~~- APPLICANT: ~c°I/Z°GO~'~°i~ ~ yC,e~S~-F~ ~ ~~~c.PY ~~ pHONG: Z~6 - mss-~99Z ADDRESS: 33Cb ~~rvr~X~r2~S~° ~i9sel~liJ~9 y~ ~~/3~`i wcvc/ O/f S'Y/2 2 ENCCINEER. SURVEYOR, OR FLANKER: ~13,SL ~ Eir~i~~~I'I IONE:.3Z2 F~9y 2 ADDRESS: J-7 SO ,Sc°7~iEL LT, ~GI~SC',~~l ~-~'70~ owNER(s~ of RECORD: ~e~~~rz J~ v~r2,j~~~ Q1~m~Pxo~ z~c ~~3 85~z ADDRESS: 330o CN~7zi~2is~ ~~w.~~ ~,q~~/ o /~ %y/2 2 Signature of Applicant ~~kaTi9 ~d~lj~~! ~' i=ce,' Dev~o~ ems ~~ v~,tri~~~' .~~~-Y laae~, Developers Diversified Realty Corp. Application For Rezoning 11.4 +/- Acres -East Fairview Avenue Applicant: Developers Diversified Realty Corp. 3300 Enterprise Parkway Beachwood, Ohio 44122 Phone: 216-755-5516 c/o Dakota Company, Inc. 380 E. Parkcenter Blvd. Suite 100 Boise, Idaho 83706 Phone: 343-5223 Fax: 343-4954 Property Owner: Developers Diversified Realty Corp. 3300 Enterprise Parkway Beachwood, Ohio 44122 Phone: 216-755-5516 Affidavit Of Legal Interest: See Attached Legal Description: See Attached Present Land Use: The property is currently vacant and is part of the Family Center At Meridian. The property lies immediately east of Records Drive. Proposed Land Use: To be developed as a mixed use shopping center. The property will be integrated into the property immediately to the east. The east property boundary of the subject property is common with the west property line of the property which an application for annexation has been submitted. Rezone page 2/2 Present Zoning: Property is currently within the City Of Meridian with an I-L zone designation. The property has been approved as a part of the Family Center At Meridian project and is subject to a Conditional Use Permit. Proposed Zoning: To be annexed with a "C-C Community Business District" zone designation The subject property is located within an approved commercial shopping center development and would be integrated with the property to the east. With integration into the property to the east a large parcel is created, approximately 24 acres in size. The Meridian Zoning Ordinance definition of Community Shopping Center is a center between 100,000 - 400,000 square feet of gross floor space on a site of 8 to 30 acres. This definition would require a C-C Community Business District zoning. Comprehensive Plan: The proposed zoning is in compliance with the Comprehensive Plan. Vicinity Map: See Attached Property Survey: See Attached Mailing List; See Attached MAY-06-99 10:14 FROM:DEVELOPERS DIVERSIFIED ID:2162471116 r. ^ -~,..o.. - Ueve oilers .. ~-- ~iversifled_ . .. .. .._... ,, ~ ., ,-~teafiy Cbr~orart~lon . JOAN U. ALLC~OOD vice !'resident, secretary and General Counsel May 6, 1999 VIA FACSIMILE (208) 887-1297 Ms. Shari Stiles Planning Department City of Meridian 200 E. Carlton Meridian, Idaho 83642 Re: Authorization to File Applications Dear Ms. Stiles: PAGE 2/2 With respect to property located at the intersection of W. Fairview Avenue and Records Avenue, please be advised that Lany J. Durkin., President of Dakota Company, Inc., is authorized to execute and deliver to the City of Meridian. the following documents on behalf of Hermes Associates, Ltd. and Developers Diversified Realty Corporation: 1, Application for Comprehensive Plan Change; 2. Application for Rezoning; 3. Application for Annexation Request; and 4. Any other documents required in connection with the filing and processing of such Applications. Very truly yours, JA.jI cc: Larry J. Durkin 3300 Enterprise Parkway, P_O. Box 228042, Beadrwood, Ohio 44122 Tet: (216) 755656 Fax: (216) 755-1656 or (216) 755-1678 jaNgood®ddrc.com MAY 06 '99 09 26 2162471118 PAGE. 02 i~ _ _ i _ ALLIAN~~~ ~ i 9 5 CORPORATION W.-~RRa,;~1TY DEED For Value Received GE.I~ITONE. INC., a corporation duly organized and existing under the laws of the State of Idaho, ("Grantor") does hereby Grant, Bargain, Sell and Convey unto HERtifES ASSOCIATES, LTD, a Utah limited partnership, ("Grantee") whose current address is 45~ E. 5`" S., Suite 400, Salt Lake City, Utah 8=1111, the following described real estate within the city of iVteridian, Idaho, to-wit: A parcel ofland located in the Southwest Quarter ofthe Northwest Quarter of Section 9, Township 3 North, Range 1 East, Boise Ivieridian, Ada County, Idaho, as more particularly described on Exhibit "A" as Parcel nl and a parcel of land located in the Northeast Quarter of the Northwest Quarter of Section 9, Township 3 North, Range 1 East, Boise ;Meridian, Ada Counry, Idaho, as more particularly described on Exhibit "A" as Parcel T5. TO HAVE A1'vD TO HOLD the said real property with all appurtenances (including, but not limited to, all water rights or ownership interests in any imgation districts or entities) unto the said Grantee, its heirs and assigns forever, and the said Grantor does hereby covenant to and with said Grantee that it is the Owner in tee simple of said real estate and that said parcel is free and clear of all easements, restrictions. and encumbrances, expect: 1. Reservations or exceptions in patents or in Acu authorizing the issuance thereof. 2. General Taxes for the year i 998, a lien but not vet due and payable. .,. Negative Easement and Restrictions contained in Warranty Deed, and the terms anti conditions thereof: In Favor of State of Idaho Recorded January 24, 1956 Instrument No. 389346 4. Agreement and the terms and conditions contained therein: Between George E. Stang and Hannah W. Stang, husband and wife and C.H. Stewart and Alice E. Stewart, husband and wife Recorded September 2, 1954 Instrument No. 364 i 31 purpose Imgation Ditch right-of-way ~. Minerals and mineral rights as reserved to Upland Industries Corporation, a Nebraska corporation, by Special Warranty Deed recorded August 31, 1990, as Instrument No. 9047045, records of Ada County, Idaho. CORPORATION WARRANTY DEED - 1 (D `OS 199g~Gcmtone~.crotp-war.dccd] .~, i"~ 6. Easement and th In Favor of Purpose Recorded Instrument No. Affects Parcel e terms and conditions thereof: Mountain States Telephone and Telegraph Company, a corporation Communication Facilities and Incidental Purposes June 28, 1990 9034208 7. Negative Easements, Conditions, restrictions and access rights contained in the Deed to the State of Idaho Recorded November 25, 1988 Instrument No. 8857970 Official Records. And amended by Exchange Deed recorded April 8, 1994, as Instrument No. 94032501. Affects Parcel 1. 8. Easement and th In Favor of Purpose Recorded Instrument No. Affects Parcel 5 e terms and conditions thereof: Ada Counry Highway District Temporary access road between the proposed Crossroads Subdivision No. ~ and Fairview Avenue October 1, 1997 97081013 9. Rights and interests of the Nampa-Vieridian Irrigation District. 10. Easements and riQltts-of-wav for or associated with im~ation ditches and facilities appearing on the above-described real estate. v 1 ] . Easements and rights associated with the diversion structure for a pressure imgation system utilized by Crossroads Subdivision. IN bVIT~+-ESS V~"HEREOF, the Grantor, pursuant to a Resolution of its Board of Directors has caused its corporate namp,to be hereunto subscribed by its President and its corporate seal to be afnxed by its Secretary this ~ day of May, 1998. GEMSTONE, INC. By: ~ ~ ~ Thomas T. Wright, Preside Secretary CORPORATION WARRANTY DEED - 2 (D:`.OS 1998\Gcmtone`•corp-wacdccd) ~"~ STATE OF IDAHO : ss. County of Ada ) ~l On this ~ 9~ day of ylay, 1998, before me, a Notary Public in and for said State, personally ~„ S , }mown to me to be the President and appeared THONhS T. WRIGHT and ~ %7~ '~~'n L .3' _ Secretary of the corporarion that executed this instrument or the persons 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 vear in this certificate first above written. <<O11L 1JfpO0I I~ ~.` .a `.~' ,e,e.a,.~s,~ `.., ti ~ ~ '. e ~" e` ~, a n i J+- • Y ao o ~„ o o ~o o G o ~~ ~' UD Ll ~, . o: ~.i'' °~ ..c'~ ,. ~, ~; T E C F , ;'i,~~ >~ ,,~~~~Pitit{9111'9 Notary Public for.d,dahq~ Residing at ~~ Commission expires o CORPOR.~TION WA-R-RANTY DEED - 3 [D:`.OS 1998\Gemtone\corp-war.dceQ] Exhibit "A" Continued P3~Q:. 5 A parcel cf la.^d located in tha Northeast pus-` =c= of t~ Ncz~thweat Quartar of Section 9, Townohip 3 North, Rangc 1 Fasc, Boise Mera'dian, a~ Cot:.-qty, Idaho, morn per-tip-a=1Y ~sc,ibad as follown:~ . CCMM~,7CIlYG at tha corner cctamon to Secti011B 4 , 5 , 8 and tha aaic't eection 9% thnnca s~ut;`Z 89 dec;aes 22''0" East, 2659.63 fart to t ~~ tar ' coracr ccrtuncn to said Sections 4 and 9 ; south 0o dsgresB 48'ld" Weat, 49.74 feat Co a yvint on tha Southerly right-of-uay of Fairview Avenun, esaid point ba.i: q the R°~'~L POINT OF BEGL~TN;i.NG; th~aca continuing along the North-South mid-section line South 00 c~.e~=es 48' I4' Weat, 832.11 feet to 8 point % thence North 89 dagrees 35'32" West, 596.18 feet to a port; thence No:.-th 0o dcgzses 35'00 Eact, 831.11 feet to a point on tic 9ozthesly right-ot-way of Fa~._r-~iew Avenue; thaIICa a :ong said r~_ght -of -say South 89 degrees 35' 24" Bast, 601.79 fan= to the R~:3T• PONi OF B$GINNING. page 2 of 2 05/05/1999 12:35 1-208-343-4954 PAGE 02 .-. ~~ ~ P1AY 0 5 1999 ENGI~y //~~ ¢& T~, Q `~ ~~TJ, Zi 1 3 t i } ~ i `~ ~ P ~~~ t ~' RUBBLE ENGINEERING, INC. s3 ~- • 9550 Bethel Court ^ Bo1se, Idaho 83709 208/322992 • Fax 2081378.0329 y PROJECT NO. 9800100 OPTION AGREEMENT FEBRUARY 9,1998 PARCEL • ~ CROSSROADS COMMERCIAL A PARCEL OF LAND LOCATED IN THE NE1/4 OF THE NW1/4 OF SECTION 9, T.3N., R.1E., B.M., ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 5, 8 AND THE SAID SECTION 9, THENCE SOUTH 89°22'10" EAST, 2659.63 FEET TO THE 1/4 CORNER COMMON TO SAID SECTIONS 4 AND 9; THENCE SOUTH 0°48'14" WEST, 49.74 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF FAIRVIEW AVENUE, SAID POINT BEING THE REAL POINT OF BEGINNING. THENCE CONTINUING ALONG THE NORTH-SOUTH MID-SECTION LINE SOUTH 0°48'14" WEST, 831.11 FEET TO A POINT; THENCE NORTH 89°35'32" WEST, 596.18 FEET TO A POINT; THENCE NORTH 0°25'00" EAST, 831.11 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF FAIRVIEW AVENUE; THENCE ALONG SAID RIGHT-OF-WAY SOUTH 89°35'24" EAST, 601.79 FEET TO THE REAL POINT OF BEGINNING. CONTAINING 11,42 ACRES (497,816 SQUARE FEET), MORE OR LESS. PREPARED BY: NUBBLE ENGIN~I~ING, INC. ~~~~ 2~Ic~'0~ a GGC/VW/CRcommParS GREGORY G. CARTER, P.L.S. MAY 05 '99 13 42 1 208 343 4954 PAGE. 02 DAKOTA COMPANY, INC May 03, 1999 Ms. Shari Stiles Planning Director City Of Meridian 200 East Carlton Suite 201 Meridian, Idaho 83642 RE: Rezning Application 11.4 +/- Acres - East Fairview Avenue Dear Shari: Please be advised that the Applicant will post the property 1 week prior to the Public Hearing. The posting will contain the name, description of zoning amendment and time and date of the Public Hearing. The Applicant has read the contents of the application and verifies that the information contained therein is true and accurate. Sincerely, ~~~- Tom Bauwens VP Construction Dakota Company, Inc. For Developers Diversified Realty Corp. ^ PHONE (208) 343-5223 FAX (208) 343-4954 380 EAST PARKCENTER BLVD. SUITE 100 BOISE, IDAHO 83706 ~/~ vALTER H & EUGENE M KLEINER 'O BOX 4003 iELLEVUE WA 98009-4003 FRED & LINDA SCHUERMAN GREG B & SHERI K THUESON 6062 EMERALD ST BOISE ID 83704-8855 DANIEL G JR & CAROLYN GIBSON 19500 HIGHWAY 20/26 CALDWELL ID 83605-8770 CLOVERDALE PARK INC 1200 N CLOVERDALE RD BOISE ID 83713-7805 VLADIMIR & GALINA NASTEKA 3786 E FLORENCE RD MERIDIAN ID 83642 NAMPA MERIDIAN IRRIGATION DIST 1503 1ST ST SOUTH NAMPA ID 83651 GREG A BENNETT 10887 W POPPY ST BOISE ID 83713 LOOMIS HOMES INC 7154 W STATE ST #187 BOISE ID 83703 KRISTOFER & LEAH PROVENCIO 1260 N PRINCIPLE WAY MERIDIAN ID 83642 FREDERICK & LINDA SCHUERMAN 120 HEARTHSTONE DR BOISE ID 83702-1720 TFCM ASSOCIATES LLC 455E 500 SOUTH STE 400 SALT LAKE CITY UT 84111 TERRACE LAWN MEMORIAL GARDENS INC 1200 N CLOVERDALE RD BOISE ID 83713-7805 RAY B LYON & NANCY SWAIN 3724 E FLORENCE DR MERIDIAN ID 83642 GALEN H & CAROL WOODVINE 3808 E FLORENCE DR MERIDIAN ID 83642 J VICTOR & LAVERNE JUDY 3310 N WELFORD BOISE ID 83704 GREG A BENNETT 5149 CANARY LN NAMPA ID 83687 HALLMARK ENTERPRISES INC 1310 E SOUTHESBY MERTDIAN ID 83642 EDELIA CORTINA 3939 E FLORENCE DR MERIDIAN ID 83642 ~. HAMILTON FAMILY LTD PARTNERSHIP 11631 W ONEIDA DR BOISE ID 83709-3863 HERMES ASSOCIATES LTD 455E 5'T~ SOUTH STE 400 SALT LAKE CITY UT 84111 LILLIAN K SCHUTTE STATES REALTY 6884 FAIRVIEW AVE BOISE ID 83704-8501 DANIEL L & JOANN M FULLER 3750 E FLORENCE DR MERIDIAN ID 83642 CROSSROADS NEIGHBORHOOD ASSOCIATION INC RAMON & MARILYN YORGASON 2304 N COLE RD BOISE ID 83704-7371 J L WATSON CO INC 7305 SORENSON DR BOISE ID 83709 KEVIN P & ELAINE L LAURSEN 3964 E FLORENCE DR MERIDIAN ID 83642 TIMOTHY W MILLS 3805 E FLORENCE DR MERIDIAN ID 83642 MARCUS W & MOLLY J CRAWFORD 1256 N LEGISLATIVE WAY MERIDIAN ID 83642 A SCOTT & JENNIFER BRUEMMER -BARRY CLOT JR STEPHEN T & SANDRA E CLASSICK 1247 N CAUCUS WAY 1236 N PRINCIPLE WAY 1238 N CAUCUS WAY MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 R STEPHEN & MICHELLE C RUTHERFORD 1230 N LEGISLATIVE WAY MERIDIAN ID 83642 PAMELA K & EMERY W HELM 1211 N LEGISLATIVE WAY MERIDIAN ID 83642 CRAIG E & JULIE A ONEILL 1189 N LEGISLATIVE WAY MERIDIAN ID 83642 TEENA OVERSETH & ANTHONY HAWS 1172 N LEGISLATIVE WAY MERIDIAN ID 83642 BOYD V & KRISTY L WENTWORTH 1126 N LEGISLATIVE WAY MERIDIAN ID 83642 GLENN JOHNSON HOMES INC 2460 S MAPLE GROVE RD BOISE ID 83709 A MARIE DELEURY 1180 N PRINCIPLE WAY MERIDIAN ID 83642 SOUTHERN IDAHO CORP OF SEVENTH-DAY ADVENTISTS PO BOX 4878 BOISE ID 83711-4878 JARED Q & TAMMI R LEATHAM 1130 N PRINCIPLE WAY MERIDIAN ID 83642 BART A & GLENDA R MARCHAL 1108 N PRINCIPLE WAY MERIDIAN ID 83642 /"~ DONA DEE MONAHAN 1218 N PRINCIPLE WAY MERIDIAN ID 83642 DOUGLAS K & NANCY L PEDERSON 1194 N LEGISLATIVE WAY MERIDIAN ID 83642 GERARD M & MARY L BEDARD 1154 N PRINCIPLE WAY MERIDIAN ID 83642 CARL N & DOLORES SASS 1158 N LEGISLATIVE WAY MERIDIAN ID 83642 N '~ ~} / N ~~-~1..- ` 1 ~ ~i C Q ~ ~ ~ ~ ~ PI W ~~ ~ 1~ , `~ I `- ~ '' 1 ~ r i . ~~ ~' ~, ~~~ ~- - s--~ ~ _, _, ~., J- .~ -- _ _, ~, ~ O ~ A v ' p ~; D r m _I ~ a r ~ ~ _ ~ ~ 0 Z m 2 H __ ~ _: . -~ O _f , - ,_:, 7J S D O o~-< ~ o O ! 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U .-. ~ M N ~' ~ ~ N ~ ~ ~ A ~ Q Q A ~ A d d z ~ z x~ A ~ Q ~ o~ M A 3 3 ~3 w¢ ' Q ' > w ~3 ~ 3 ~ ~, ~ a U ~ v~ a U a ~ ~a ~ ~ 0o ~ a a a a >a ~ ~ o ~ w~ N ~ O ~ o0 ~ ~+ ~O o~ N M Q z Q W a U P., ~o ~~ ~~ ~ ~ N ~ i~~ v- ~I ~ ~I _~ r N M ~ In CO f~ I ~ I 01 I~ I r l ~~~ I r l r ~, d N L 'O DI C C N 3 d C E~`Q... aic y j X C C_ ~p C C W N C L _ _ C O ~ p.~ d ~ ~y x~`~'oa~U N"' >,N ~_ E C ndU,y O NU~.!noE F NC NN(C C C ~ ~ ~ O O EEc'~~m ac~i oEE ~o~o=~' ~~oE,rioc N.~.X Nw C ~~ t0~ O dNEm~~ ~Na~a~~m ~ L o n~ me ~ mwaimt°o C UncoU C d ~ N ~. ~ p ~o~vE~~ C r U d p tC C O -p O> [0 U ~ ~ ~ 2 fn~nEm N U O = G vi Eo'pOp~~ON ~ NO gip N N E E N G p- O p ~ L ~ ~ N 'O N ~ ~ ~ ~ U ~ EON ~ L ~ p - O E ~ ~ mw~°~omo Nco~n~oc a~ '- ~oo~~mm a~ p U ~C ~ ~ U t ocNNmco C U U C~ N _T ~ ~ d UI C ~ C m~ ~__p ~ ~- °'L o E n Dooonpm - d 0 N~ p N ~ o E c U m min __ o s m ~ ~ a c ~ F- n~?~ o m U a oa ~~ C ~O a m m O Y C i d 'i 3 a H T a a d d Q O V a M LL I° ~~ z N N i ~ I1 O '~O ~ E in M ~~ Za ~ E o LL r ~~ a view a~qe;uno~~d ao~ _• MARCH 21, 2000 MERIDIAN CITY COUNCIL MEETING: MARCH 21 2000 AGENDA ITEM NUMBER: APPLICANT: DEVELOPERS DIVERSIFIED REQUEST: REZONE ORDINANCE FOR PROPOSED CROSSROADS SHOPPING CENTER AGENCY COMMENTS CITY CLERK: SEE ATTACHED ORDINANCE 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: fi'x'' ~~ CENTRAL DISTRICT HEALTH: ~{i~~ (~ ~" ,~- V NAMPA MERIDIAN IRRIGATION: 4.. SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Cowie (208) 288-2499 • Fax 288-2501 IA CITY OF MERID N PUBLIC WORKS CITY COUNCIL MEMBERS 33 EAST IDAHO BUILDING DEPARTMENT Ron Anderson (208) 887-2211 • Fax 887-1297 Keith Bird MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Tamm deWeerd y City Clerk Office Fax (208) 888-4218 DEPARTMENT Cherie McCandless (208) 884-5533 • Fax 888-6854 FACSIMILE COVER SHEET FAX NUMBER: 343-4954 DATE: 2/4/00 TO: Tom Bauwens - TITLE/DEPARTMENT: Vice President Construction CONFIDENTIAL: YES NO X TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): 1 FROM: CITY OF MERIDIAN - FAX NUMBER: (208) 888-4218 NAME: Linda Kestinq TITLE/DEPARTMENT: Department Specialist -City Clerk's Office COMMENTS: Good morning Tom. I am directing this request to you in hopes you can direct it to the proper person. Our records show that on November 18, 1999 we forwarded to your office the Findings of Fact and Conclusions of Law and Development Agreement for Developers Diversified's Rezone approval-P&Z number RZ-99-007. We have no indication or record that it was returned to the City Clerk's office. Would you please get back with me either by fax of telephone, any information you might have regarding this document. I hope this does not inconvenience you in any way. Thank you. ,ti,~ ~-¢w Gt~uu~..c~ ~c, ~~ f ,.-., ** TX CONFIRM, JN REPORT ** AS OF FEB 04 ~.,., 10~ 14 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 03 02/04 10 13 208 343 4954 MODE MIN/SEC PGS CMD# STATUS EC--S 00'22" 001 084 OK HUR OFTRF.ASURF, VAI,I.FY MAYOR A Good Plitce to Live LEGAL DEPARTMENT Robert ll. Corcie (208) 288.2499 • Fax 288-2501 CITY OF MERIDIAN P~BLI~ W~~RK~ CITY COUNCIL MEMBERS Ron Anderson 33 EAST IDAHO DUILDWG DEPARTMENT (~4) 887-'-211 • Fax 887-1297 Kcdlh Bird MERIDIAN, IDAHO 83642 Tammy de~Veerd (208) 388-A433 • Fax (208) 331-4813 PLANNING AND ZONING ~ City Clerk Office Fax (20S) 888-4.1B DEPARTMENT Chcric McCandless (208) 884-5533 • Fax 888•G85d FACSIMILE COVER SHEET FAX NUMBER: 343-4954 DATE: 2/4/00 T0: Tom Bauwens - TITLElDEPARTMENT: Vice President Construction CONFIDENTIAL: YES NO X TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): 1 FROM: CITY OF MERIDIAN - FAX NUMBER: (208) 888-4218 NAME: Linda Kesting TITLE/DEPARTMENT: Department Specialist -City Clerk's Office COMMENTS: Good morning Tom. I am directing this request to you in hopes you can direct it to the proper person. Our records show that on November 18, 1999 we forwarded to your office the Findings of Fact and Conclusions of Law and Development Agreement for Developers Diversified's Rezone approval-p8Z number RZ-99-007. We have no indication or record that it was returned to the City Clerk's office. Would you please get back with me either by fax of telephone, any information you might have regarding this document. I hope this does not inconvenience you in any way. Thank you. i n te roff i c e M E MO RAN D U M To: From: Subject Date: William G. Berg, Jr. Wm. F. Gigray, III ~~' N O V 1 6 1999 CITY OF ~ _ ~`s~I~iA~i DEVELOPERS DIVERSIFIED REALTY CORP./DAKOTA COMPANY, INC./ RZ-99-007 November 15, 1999 Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE, for the above matter. Additionally, I have enclosed the original of the RZ Ordinance, along with the Certification of the Clerk. After the adoption of the Findings of Fact, and then the RZ Ordinance may then be addressed before Council.. When the ordinance becomes effective, please direct the City Engineer to comply with Section 3 of said ordinance. Also, please make sure the ordinance is recorded. Zoning, Public y y ~~ .~ If you have any questions, please advise. ' ~` ~~^~ msg/Z:\Work\M\Meridian 15360M\Developers Diversified\FfClsDecOrdClkRZ.ltr ~, ~'~ Please serve conformed copies of the Findings upon the Applicant, Planning ands Works and the Cit Attorne . .~. Meridian City Council eting November 16, 1999 Page 11 Corrie: Motion was made and seconded to approve the Findings of Facts and Conclusions of Law, request for annexation and zoning on Item No. 7 with correction. Any further discussion? Hearing none, roll-call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES Bird: Don't we have a Resolution on that? Corrie: Is there an Ordinance on that? Gigray: On an annexation and zoning, there - (inaudible) No. Because there's a Development Agreement associated with that. Mr. Mayor and members of the Council, and that Development Agreement I also anticipate will be involved with the next Item on your agenda, and then the schedule the ordinance passage for the next meeting has been your standard procedure. ITEM 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 11.4 ACRES FROM I-L TO C-C BY DEVELOPERS DIVERSIFIED REALTY CORPORATION /DAKOTA COMPANY -SOUTH OF FAIRVIEW AND EAST OF RECORDS: Corrie: Item No. 8, Findings of Facts and Conclusions of Law: Request for rezone of 11.4 acres from I-L to C-C by Developers Diversified Realty Corporation/Dakota Company, south of Fairview and east of Records. Staff, comments, changes? Stiles: Nothing, sir. Corrie: Okay. This is the same thing, Bill, right? (inaudible) Meridian City Council , ding November 16, 1999 Page 12 s^ Gigray: That'd be correct. I might advise the Council for your information, we have prepared in light of the direction you gave me at the last Council meeting with anticipation of preparing these Findings and Development Agreement, and because it has been represented by the developers in the public hearings that this property which is the subject of Item No. 8 and the property which was the subject of Item No. 7 will be developed together. We have prepared one Development Agreement which will effect both properties with a proviso that the owner of the property that's subject to Item No. 7 would only be responsible for the provisions of the Development Agreement as it pertains to that particular property. That's prepared and then, I think, has been submitted to the Clerk today for consideration by the developer if you act on this Item. (inaudible discussion amongst Council members) , Corrie: Mr. Bentley. Bentley: I move that we approve the Findings of Facts and Conclusions of Law, request for rezone of 11.4 acres from I-L to C-C by Developers Diversified Realty Corporation/Dakota Company. Rountree: Second. Corrie: Okay. Motion's been made and seconded to approve Item No. 8, rezone of 11.4 acres from I-L to C-C by Developers Diversified Realty Corporation/Dakota Company. Is there any further discussion? Roll-call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES ITEM 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE- FAMILY RESIDENTIAL TO MIXED RESIDENTIAL FOR TERRACE Meridian City Council ...aeting November 3, 1999 Page 61 Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird Bird: MOTION CARRIED: ALL AYES .~- ITEM 19. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO C-C OF 13.09 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPORATION-4000 E. FAIRVIEW, MILE EAST OF EAGLE ROAD: ITEM 20. PUBLIC HEARING: REQUEST FOR REZONE OF 11.4 ACRES FROM I-L TO C-C BY DEVELOPERS DIVERSIFIED REALTY CORPORATION/DAKOTA COMPANY-SOUTH OF FAIRVIEW AND EAST OF RECORDS: Corrie: Okay. Let's go back to 19 and 20. We'll open up the public hearing on Item 19 and 20 at the same time, and we had testimony for but we can add that in for the testimony. I'll open the public hearing on Item 19 and 20. Durkin: I think I'm the only one here (inaudible). I have - in reviewing Findings of Facts, I have just one, two words, I guess, or three words, a sentence I'd like added where the Findings recommend that we follow the specific recommendations as spelled out for ACRD. f'd like to have the flexibility or as modified by ACHD in the future. Are you with me on that? Rountree: What number are you on? Page No. - Durkin: Okay. I'm on Page 4. Corrie: Are we on No. 19? Durkin: Yes. Corrie: Okay. Durkin: By the way, for the record, I'm Larry Durkin. Sorry. Larry Durkin, Dakota Company, 380 East Park Center Boulevard, Suite 100, Boise, Idaho. Just for example, I'll take 1.8 on Page 4 where it says a maximum of three driveways are approved on Records Drive. That's not a good example. Sorry I'm not more prepared on this particular matter here. Okay. I'd like to draw your attention to ~~ ~IV11~ ttl(~ ~~~ rem. t,t.P ~c~_c~a e~-. ~~ Meridian City Council Feting November 3, 1999 Page 62 ,~ Page 3, Paragraph 1.2. I have no knowledge of any change here, but where it says dedicate 76 feet of right-of-way. If later when ACHD when they have final plans says we want 77 or 72, I don't want to have to come back and re-do this, so my request is adopt the recommendations of Ada County Highway District as follows or as subsequently modified by ACRD. That's my only request. That would apply to the annexation and the rezone. I don't think that - I think ACHD may have some adjustments that are small, and I don't want it to jeopardize the rezone that we have if they - Bird: We have no problem with that. Durkin: I'd be happy to answer any other questions. Corrie: Okay. I don't see that there's anybody else to testify. Shari? Stiles: I thought we had already - I thought you had already ordered Findings on this earlier. Corrie: Not yet, no. We held those -that one back. We just had him (inaudible) testimony because he was in Number 8 as well. Stiles: Okay. Corrie: So we have testimony here for 19 and 20 - Stiles: And then you'll only act on those - Corrie: Those two. Stiles: -- after the Comp Plan is revised? Corrie: Yes. Bird: Our hearing is open for both of them. Corrie: Hearing is open for both; that's correct. Bird: Do you have anything? Stiles: That's all I have. Corrie: Okay. Anyone else? Council, anything? Bird: I have nothing. .-. Meridian City Council . :eting November 3, 1999 Page 63 Corrie: Okay. Hearing that, I'll entertain a motion to close the public hearing on Items 19 and 20. Bird: So moved. Rountree: Second. Corrie: Motion made and seconded to close the public hearing on Item 19 and 20. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Discussion or request on Number 19 first for annexation and zoning. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we approve the request for annexation and zoning and have the city attorney prepare Findings with the addition where they can use Planning and Zoning's Findings with the addition that changes are -changes in the request of ACRD as required. Rountree: Second. Corrie: Motion made by Mr. Bentley, second by Mr. Rountree to approve the request for annexation and zoning on Item No. 19 to C-C of 13.9 acres by Developers Diversified Realty Corporation as motion stated. Any further discussion? Hearing none, roll-call vote; Mr. Bentley. Bentley: Aye. Corrie: Mr. Rountree. Rountree: Aye. Corrie: Mr. Bird. Bird: Aye. MOTION CARRIED: ALL AYES Corrie: Item No. 20, I'll entertain a motion on the rezone for 11.4 acres, I-L to C-C. Rountree: Mr. Mayor. ~-. • Meridian City Council ,eting November 3, 1999 Page 64 Corrie: Mr. Rountree. Rountree: I move that we have attorney prepare Findings of Facts and Conclusions of Law incorporating the recommendations of the Planning and Zoning for the rezone of 11.4 acres from I-L to C-C. Bird: Second. Corrie: Okay. Motion made by Mr. Rountree, seconded by Mr. Bird to approve the request for rezone of 11.4 acres from I-L to C-C and the attorney draw up the Findings of Facts and Conclusions of Law with a Decision the recommendation of Planning and Zoning. Any further discussion? Hearing none, all those in favor of the motion say aye. Excuse me. Mr. Rountree. Rountree: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Bentley. Bentley: Aye. MOTION CARRIED: ALL AYES ITEM 26. REQUEST FOR BEER AND LIQUOR LICENSE FOR TEXAS ROAD HOUSE: Corrie: Item No. 26, request for beer and liquor license for Texas Road House. Chief. Gordon: Mr. Mayor and Council, I don't have any problem with those (inaudible) application for Texas Road House. We would recommend that Council (inaudible). Corrie: Any further discussion? Bird: I have none. Rountree: I have none. Corrie: I'll entertain a motion on the request. Bird: Mr. Mayor. October 29, 1999 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 3, 1999 APPLICANT: DEVELOPERS DNERSIFIED REALTY CORPtDAKOTA COMPANY ITEM #: 20 REC~UEST: REZONE OF 11.4 ACRES FROM I-L TO C-C AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE RECOMMENDATION TO CITY COUNCIL CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: ~ 1~ ~` MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: '~ ADA COUNTY STREET NAME COMMITTEE: 1~~ ~f~, ~ N~~ CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: ~, ,9/~ ' flv, J ~, ~~~~ All Materials presented at public meetings shall become property of the City of Meridian. ~- I I` BEFORE THE PLANNING AND ZONING COMMISSION In The Matter of The REQUEST FOR REZONE of APPROXIMATELY 11.4 ACRES FOR EXPANSION OF MERIDIAN FAMILY CENTER/CROSSROADS MALL Case No. RZ-99-007 RECOMMENDATION TO CITY COUNCIL DEVELOPER DIVERSIFIED REALTY CORP/ DAKOTA CO., Applicant INTRODUCTION 1. The property is approximately 11.4 acres in size. The property is generally located 1/2 mile east of Eagle Road south of Fairview Avenue, in Meridian. 2. The owner of record of the subject property is Developers Diversified Realty Corp., of 3300 Enterprise Parkway, Beechwood, Ohio. 3. The Applicant is the owner of record. 4. The property is presently zoned as Meridian Light Industrial (I-L), and is currently vacant. 5. The Applicant requests the property be rezoned to Community Business District (CC). RECOMMENDATION TO CITY COUNCIL - 1 REQUEST FOR REZONE - DEVELOPER DIVERSIFIED REALTY CORP/ DAKOTA CORD -EXPANSION OF FAMILY CENTER/CROSSROADS MALL 6. The proposed site is surrounded by Crossroads Subdivision to the south, Terrace Lawns Memorial Gardens to the east, agricultural land to the north and the Meridian Family Center/Meridian Crossroads Mall to the west. 7. The subject property is within city limits of the City of Meridian. 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. The Applicant proposes to develop the subject property in the following manner: continued construction and development of the Meridian Family Center/Meridian Crossroads Mall. 10. The Applicant's requested rezoning of the subject real property as Community Business District (CC) is consistent with the commercial designation pending with the Meridian City Council on amendment of the Meridian Comprehensive Plan Generalized Land Use Map which would designate the subject property as Mixed Planned Use. 11. There are no significant or scenic features of major importance that affect the consideration of this application. 12. The Meridian Planning and Zoning Commission takes note of and recognizes the concerns of nearby homeowners relating to pollution of pressurized irrigation in the Crossroads Subdivision as well as the increasing size of the Meridian RECOMMENDATION TO CITY COUNCIL - 2 REQUEST FOR REZONE - DEVELOPER DIVERSIFIED REALTY CORD/ DAKOTA CORP -EXPANSION OF FAMILY CENTER/CROSSROADS MALL Family Center/Meridian Crossroads Mall. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the rezoning as requested by the Applicant for the property described in the application. Adopt the recommendations of the Planning and Zoning Department as follows: 1.1 Applicant shall submit a revised legal description to meet all of the criteria required by Meridian City Resolution 158, and the Idaho State Tax Commission. 1.2 All uses for the proposed development shall be developed under the conditional use permit process as a planned development. 1.3 Applicant shall prepare and submit a subdivision plat for any splitting of property. 1.4 A development agreement is required as a condition of rezone. Adopt the recommendations of the Fire Department as follows: 1.5 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. Z:\Work\1VI\Meridian 15360M\Developers Diversified\RZpz.rec RECOMMENDATION TO CITY COUNCIL - 3 REQUEST FOR REZONE - DEVELOPER DIVERSIFIED REALTY CORD/ DAKOTA CORP -EXPANSION OF FAMILY CENTER/CROSSROADS MALL WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW KATHY 7. EDWARDS Jin.IE KLEIN FYscilNx WM. F. GiGRAY, lII D. SAMOII. JOHNSON WQ.LIAM A. MORROW WILLIAM F. NICHOLS CHRISTOPHER S. NYE PHQ,IP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R STfrliFarrRu~nmzFORD DAVID M. SWARTLEY TNxRENCER WHITE 200 EAST CARLTON AVENUE PosT OFFICE Box 1150 MERIDIAN.IDAxo 83680-1150 Tr1. (208) 288-2499 FAx(208)288-2801 E-MAH,: RSR~Q WPPMG.COM October 27, 1999 NAMPA OFFICE 104 NiN'rH AvErIIIF:SouTH POST OFFICE BOX 247 NAMPA, IDAHO 83633-0247 TEL.(208)4b6-9272 FAX (208) 4661W05 PLEASE REPLY TO MERIDIAN OFFICE REcErvED O C T 2 8 1999 CITY OF MERIDIAN William G. Berg, Jr. City Clerk Meridian City Hall 33 East Idaho Meridian, Idaho 83642 Re: Rezone from I-L to CC for Expansion of Meridian Family Center/Crossroads Mall Applicant: Developers Diversified Realty Corp. Dear Will: Please find enclosed the original of the Recommendations to the City Council by the Plaiulirlg and Zoning Commission on the above referenced application. Please note this matter will be heard before the City Council on November3, 1999. Shari Stiles and Gary Smith have been given copies of the above Recommendations so they can be prepared at the hearing to specifically address the Recommendations of the Planning and Zoning Commission. Very truly yours, Enclosure R. Stephen Rutherford ey/ ~~layor ROBERT D. CORR[E City Cuunril Members CFL~RLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH B[RD -"'~ HG'8 OF TRE.-iSL~RE ~-1LLEY ~'^~ A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO iViT/RIDIAN, IDAHO 83642 (208) 383-4433 • Fax (208) 887-4813 City Clerk Fax (208) 888.4218 FACSIMILE COVER SHEET FAX NUMBER: TO: 377-309 TITLE/DEPARTMENT: CONFIDENTIAL: YES NO ~C TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): FROM: CITY OF MERIDIAN - FAX NUMBER: (208) 888-4218 ~ ~ ~ .~ /'. TITLE/DEP COMMENTS: ~~ _ ~. :a-2 ce~.~ a ~-~- ~-~ ~- ~, a ~ 999 . PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4433. ~ . ~~ Oc a ~ LEGAL DEP:\RTMENT I~os~ Zss-zany • r-:,r ass-~;~>i PLBLIC ~VORI~S BUILDING DEPARTMENT IZos~ ss~-ZZII • Eux ss~-i~~~ PLANNING AND ZONING DEPARTMENT 103) s8a-5533 • Faz 887-1297 DATE: ~~ ' f ~ " Y 9 .~. Meridian Planning and Zoning Special Meeting September 30, 1999 Page 11 ri residential, was never really intended originally to be part of that. But it's there, and that's a factor now. Hatcher: Now, Mr. Chairman, just for public record, eve were just bringing me up to speed on some of the issues on the project, because this was heard by the Commission prior to my appointment, so I was just a little vague on a few issues. Borup: Okay. Did you have any other questions or did that clarify? Hatcher: No, I think I'm okay. Borup: Okay. Barbeiro: Mr. Chairman, if there's no further discussion, I would like to recommend approval to City Council, Item No. 3, request for annexation and zoning of 13.09 acres zoned C-C by Developer Diversified Realty Corporation to include staff comments that a conditional use permit be a part of the recommendation. Borup: Okay. We have a motion. Brown: I'll second. Borup: And a second. Any discussion. All in favor? MOTION CARRIED: ALL AYES 4. TABLED JULY 29, 1999: REQUEST FOR REZONE OF 11.4 ACRES (FROM I-L TO C-C) BY DEVELOPER DIVERSIFIED REALTY CORPORATION/DAKOTA COMPANY-SOUTH 0;- FAIRVIEW AND EAST OF RECORDS: APPROVE RECOMMENDATION TO CITY COUNCIL AS F'ER STAFF COMMENTS. Borup: Thank you. Item No. 4. This is a request for a rezone of 11.4 acres. That was the park that was ~;p there originally, that was designated as the parking lot, so that's that yellow area right there. That's already been approved as part of the original Family Center complex. I think the request to go from I-L to C-C was, again, just to have; a straight commercial designation, essentially without having to go through the conditional ease or any other review. (inaudible) become a part of the other parcel that we just recommended annexation. I'm not sure in light of the motion that we just made with a conditional use, I - I'm not sure if it'd make any difference which way this one went; whether it stays I-L or goes C-C. Any comment on that, Shari? Nleridian Planning and Zoning Special Meeting September 30, 1999 Page 12 Stiles: I think it is really the developer's intent to make it really conform with the commercial use that he's proposing instead of try to shoehorn it into that light industrial again. Again, staff would request if it is rezoned that a condition of the rezone be to be developed as a planned development and to be under development agreement as part of the rezone. Borup: So if we're consistent, this (inaudible) probably be consistent to keep this commercial zone as the other parcel? Stiles: As to - Borup: Along with the condition use? If we're going to be consistent on what we just did? Stiles: Yes. Borup: That makes sense. Okay. Any other questions? Are we ready for a motion? Barbeiro: Mr. Chairman, if there is no further discussion, I would like to approve recommendation to City Council Item No. 4, request for rezone of 11.4 acres from I-L to C-C by Developer Diversified Realty Corporation, Dakota Company, to include the addition of a conditional use permit for any projects on this property and that this property be combined with Item No. 3 as a planned development. Borup: Okay. We have a motion. Hatcher: I second it. Borup: And a second. Any discussion? All in favor? MOTION CARRIED: ALL AYES ~. CONTINUED PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT FOR TERRACE LAWN MEMORIAL GARDENS, INC. BY CLARK DEVELOPMENT/BILL CLARK-4000 BLOCK FAIRVIEW AVENUE BETWEEN EAGLE ROAD & CLOVERDALE: APPROVE RECOMMENDATION TO CITY COUNCIL AS PER STAFF COMMENTS. Borup: Okay. Item No. 5 is a continued public hearing for Terrace lawn Memorial Gardens by Clark Development/Bill Clark. Brown: Welcome back. September 28, 1999 MERIDIAN PLANNING & ZONING MEETING: SEPTEMBER 30, 1999 APPLICANT: DEVELOPER DIVERSIFIED REALTY CORP/DAKOTA CO ITEM NUMBER: 4 REQUEST: REQUEST FOR REZONE OF 11.4 ACRES (FROM I-L TO C-C) AGENCY CITY CLERK: COMMENTS CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY; CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: COMMENTS COMING ~~L ~ ~ tl~", ~i' ~~ BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. .-. ,.~ Meridian Planning and `~ning Commission Special Meeting July 29, 1999 Page 16 housing next to the school. Especially, housing next to the school. We thought would be a great opportunity. We also know that there is going to be a signal for the school to access Eagle Road and that is because it's on the half section and ITD, I don't want to speak for ITD, but I know they have already agreed that that is where a signal is going to go and they are going to try to put frontage roads, especially when the Kleiner Property develops, they know they can except a lot of development. That is shown as mixed use, if I'm not mistaken in the Comprehensive Plan-at least part of it is. Part of the area around Ustick and Eagle Road, I believe also. At any rate, this proposal was to be a good neighbor proposal and have the offices and some residential-the elementary school is a given at this point. It's going in. We would-the reason we only came in for a Comprehensive Plan amendment was to work with the neighborhood in developing a planned development. That's exactly the reason we really were reluctant to show any homes or size of professional offices at this point. We did that just to satisfy your request, but there is a lot of work left to be done on the development. We have heard the comments tonight. Mr. Barnes had to leave, but I took notes and we'll be back for further discussions on the site. Thank you. MacCoy: All right. Thank you very much. All right Commissioners. De Weerd: Mr. Chairman, I think it would be only fair to continue this until after Item 4 so we can hear the next items without effecting this application. Borup: Is that a motion? De Weerd: That could be a motion. That is a motion. Borup: Second. MacCoy: All right. All in favor? MOTION CARRIED: ALL AYES ITEM 2. CONTINUED PUBLIC HEARING: REQUEST FOR REZONE OF 11.4 ACRES (FROM I-L TO C-C) BY DEVELOPER DIVERSIFIED REALTY CORP /DAKOTA COMPANY- SOUTH OF FAIRVIEW AND EAST OF RECORDS: MacCoy: On to Item 2. Staff. Barbeiro: Mr. Chairman. Before we enter into in to the continuance of the hearing, in keeping with the announcement I made at the opening of this public hearing, my employer is currently constructing a project, administered by Dakota Co. and owned Diversified Developers Real Estate and I wish to refer my potential for a conflict of interest and request permission to sit out this hearing. MacCoy: All right. Just one moment. Attorney? Meridian Planning ana Tuning Commission Special Meeting July 29, 1999 Page 17 Rossman: I would certainly concur with Mr. Barbeiro's statement. There certainly obvious appearance of conflict of interest, so he should sit out of this hearing. MacCoy: Thank you. All right Shari. One moment before we get started. We lost our staffer here. He is trying to reclaim our documents. Borup: Mr. Chairman. Maybe-I think we did have an introduction last time from staff and she already gave her introduction at the beginning. MacCoy: I realize that, but I wanted the people here are different, maybe I think they ought to hear even if it's a repeat. If we get her back. I don't know. Well, I don't see her moving this direction. Let's move to the applicant. Your on. Durkin: My name is Larry Durkin. I am the president of Dakota Co., Boise, ID. My address is 380 East Park Center Blvd., Ste. 100. I am here tonight on behalf of the applicant, Developer's Diversified Realty Company. We are also the owners and developers of the entire project. Mr. Chairman, you were not at the last meeting where I made this presentation. MacCoy: No, but I have read the material that was printed out. You are right.. I was not here. Commissioner Borup sat as chair that night. Durkin: I also noticed a few people in the audience who weren't here last time. The last time I made a fairly lengthy presentation, which I am not suggesting that I do tonight. I'd like to take a walk through the plan and familiarize you and the audience what we are trying to do. Before I do that, I wanted to just ask your direction. Would you like to handle all three of these application individually, or should we try to combine it to one presentation, or how would you prefer? MacCoy: One moment. I've all ready talked to our attorney's and they have a procedure where we should follow. Eric you want to spell that out. Rossman: Well, when we talked earlier about procedures to follow, I was referring more to agenda items 3 and 4. The continued public hearing on the Comprehensive Plan Amendment and the annexation and zoning of the 13.09 acres. Shari's comments I think are more appropriate in regard to Item 2. MacCoy: Well she's not here right now so. I would say then, go ahead and make your presentation in the shortened form then. Durkin: Mr. Chairman the last time I made little or any presentation regarding what I think is agenda item number 2, because there was not-I beg your pardon. I am confused on that. I will talk about-first I will take a walk through the plan and then I'll come back one at a time with each individual item. The first items we want to talk about tonight is what we refer to internally as lot 5. This is Fairview Avenue and Eagle Road, Highway 55. As you know we are developing a shopping center in this area. This is the .-. ~. Meridian Planning and `~ning Commission Special Meeting July 29, 1999 Page 18 property where we have a conditional use for development. To give you bearings, this is the area where the Shopko store is now under construction. This plan that I am showing you represents the very first, it is in fact the very first plan that we ever submitted to the city for the development. There were some significant changes. While this is the Shopko area, I am going to focus a lot on this area. This is the application that we are talking about. It's this part of the property. Through the roughly 6 months hearing process with the city for this conditional use for the development of the center, through a series of meetings with the residents of Crossroads Subdivision, we gained a conditional use permit. We also have a conditional use permit for this area, but we are not showing any development. We have a conditional use permit for this phase, between Records Drive and Presidential Drive. That is what you see when you drive by the area now. That is what is under construction and being paved. We have installed Records Drive. It's been paved, I think this week or maybe last week. This week. There is a stop light that will be installed at the intersection at Records Drive. That work is being done right now. We now have approval to build about 100,000 square feet of retail development on this parcel. What we are doing, what our desire is to take this development and with the similar landscaping, the similar screening and buffering both from Fairview and from the residential area. Instead of building buildings backing up to this residential area, we want to increase the area of the birm to 35 feet from the 20 foot that we are building here. We've also increased it on Fairview, and turn this into a parking area and add the property to the east. So if you compare to this site here, there is vacant property that goes between our approved area and the cemetery. We would then build a building, it's not a speculative venture. We do have a tenant for this location and it's a tenant that will blend in with the shopping center quite well. It's a single use. This would be the parking area for it. What we are asking for is a rezone for what we call lot 5, so that that zoning would match the zoning that we are requesting on the parcel that will be going through the Comprehensive Plan change tonight and the annexation procedure tonight. The request for the rezone of lot 5 would change the zoning from industrial zoning with a conditional use permit to a commercial zoning that we have offered in our application and in the record at the last hearing. We would like the condition that we have to go through the conditional use process for that or a development agreement, which ever the city would prefer. The staff comments that were just handed to me tonight -one of the things that they say this 11.4 acres was previously shown as a theatre. We do have a conditional use permit for the property- now (brought acopy with me tonight incase any of you don't happen to have one handy to look at. It doesn't mention a theatre. A theatre is discussed from time to time as a potential tenant for that area or for the southern area of the development. The conditional use permit states that it will be developed in a manner that blends and coordinates with the rest of the development. What we are requesting tonight would certainly do that. The small piece of land that we are changing, we would be taking 100 thousand square feet of development from an area, and it would be left with about 8 thousand square feet of development on it. The rest would be parking lot, landscaping, etc. Our application and our request would be that the landscaping be the same magnitude that the rest of the Family Center is now. There would be no reduction in landscaping, screening. No other changes. We feel that the traffic study that we have submitted to the city and to ACHD is beneficial that ACHD is supportive of it and we Meridian Planning and ~~ning Commission Special Meeting July 29, 1999 Page 19 respectively request you approval on this rezone. The staff comments that it would be an illegal subdivision are not quite accurate, although staff may not be aware that with Records Drive use to be a private road that was an easement for that subdivision. As you may know, if you've visited the area, it's been torn up and rebuilt in accordance with the Ada County Highway District standards and it has been deeded to the highway district and it's now a public road which automatically turns lot 5 into a legal split. There were no shenanigans to get to that. That was clearly on the record throughout our entire process. The last go around that that would occur. Staffs comments though about platting, there will be a lengthy public hearing as we go forward on the conditional use process for this property. There will be some platting cause we will be combining 2 separate parcels. There will be further hearings. That is normally done -it's either made a condition of a rezone, but it normally we have to go through the rezone first. It would be inappropriate for us to be or go through the platting process or go through the conditional use process without (inaudible) that rezone. The staffs comments that no plans have been shown for the development of property-I don't know what to say. A little history, May 3~d 1999 we submitted complete applications for a Comprehensive Plan change for an annexation of a piece of property and for a rezone of this property. At our last hearing, about a month ago, the staff had not done report for one of the components. As a matter of fact, the plans that you see tonight were submitted to the city on May 3~d and that's the extent of our plans. It would be abnormal for us to prepare full construction drawings or further plans at this point since we are requesting to go through the conditional use process. The staff comments that this change would require would be a material change to our existing conditional use permit, I don't think is appropriate since we have requested in our application and at the last public hearing that that condition be imposed on this property. So while in fact there could be a modification from our conditional use permit that we hold for the entire family center, that does not relieve us of any burden on this property while we go through the process on the condition use or the development agreement. I just don't agree with that. It would be inappropriate in fact for us to go through the conditional use permit change so that we could get a conditional use permit for a parking lot if we did not enjoy the zoning and the other matters. I think staffs comments would be putting the cart before the horse on this development. I'll happily answer any questions that you may have related to that portion. For those of you that were here for the last public hearing there were extensive comments about the water for the subdivision. While I think we have sent the memo to some of you telling you what we have done to correct that problem we have - we feel that that matter has been resolved. We are now taking the water for the watering of the project about 700 yards down stream from where the water from the subdivision comes off of the drainage ditch. Those of you who know what I'm talking about, know what I'm talking about. That matter has been corrected. There has been a lot of discussion about the block wall. You may recall when we went through the original conditional use process for this there was a lot of discussion about a block wall-where it should be put and how high it should be. The decision of where it should be located and the design was reached with a committee of homeowners association people, city people and the land group. The wall has been installed and the neighbors quickly recognized and we quickly agree with them that the wall since installed needs some modifications, so we have met with many of the neighbors out there. Tom Bowins .. ~'~ Meridian Planning and mooning Commission Special Meeting `July 29, 1999 Page 20 from our office has talked with them and tried to figure out certain solutions and we are requesting the city allow us to modify the wall to make it taller in some areas-taller all the way around I think and taller still in some areas to at least try to have the wall do some of what people had hoped it would do in the beginning. The wall plan would continue here and all the way around the future development of the project both on the south and on the east new phase. That is the extent of my comments regarding the rezone of lot 5 and I'll happily answer any questions that you have. MacCoy: Shari you missed the opening comments here and part of the comments here. Your statement here for this item, do you want to make any comments about that at this moment? Stiles: Well, since I did not hear the comments, I know that they did talk something about this recorded right of way dedication makes this a legal lot. It doesn't. It's still considered one piece of property. We do allow right of way dedication without going through a subdivision, but however we still consider the property one piece of property. In the records I have today, this property is now split into five pieces. I still stand by my comments of today. It is a significant change. It was represented to be a theatre. The site plan is a significant portion of that conditional use permit and this would be a significant change to that originally approved plan. MacCoy: Okay. Thank you. Commissioners. Borup: Shari, you feel decreasing the building square footage and increasing the parking lot size is a significant change? Stiles: Yes. And the use of the property, yes. Borup: Well, I agree I think in the testimony there was a discussion about a theatre, but I don't know that that was how is was specifically approved, was it? Stiles: This site plan that you see is what was approved. Borup: With those buildings in that location. Stiles: Yes. Borup: I am a little confused on the lot split situation. Your saying right now there is 5 legal lots. Stiles: There is not 5 legal lot- Borup: Five lots, I mean. Five platted lots. Stiles: They're not platted. Meridian Planning and mooning Commission Special Meeting July 29, 1999 Page 21 (Inaudible) Stiles: As far as I know. Apparently somebody has recorded a record of survey for the property and split it into pieces. Durkin: The parcel until the last few weeks with the registered deed is actually two parcels. This street Presidential divided-this is parcel one and this is parcel two. Now with the installation and dedication of this street; it is a 3 parcel. It's one-this right here is number one, that was created with the installation of Presidential Drive. This is parcel 2 and this is parcel 3. Shari might not agree with me and I might not agree with Shari, but the statues and the county-their procedures and policies are that when it is divided by a public street it is a lot. The point is there is no platting or subdivision process that we are able to go through to make it more of a lot than it is. It's a lot. There is a procedure that we'll be going through to combine this lot with this lot, but there is no further process for us to go through to make this-to separate this from this parcel because that has all ready occurred. When you buy a piece of property and split it off with the subdivision and other things that have occurred in the past but since -which I don't know about-she may have a list of other parcels but this is actually two parcels. One, two and now with the dedication of that street it is three parcels. Borup: Thank you. (Inaudible) Shari, what should they have done then you are saying? Stiles: They should have platted the subdivision as a subdivision. Mr. Durkin referred to a lot 5 when he talked about this project. It is in 5 pieces now. It's not in three. Durkin: Actually it's internal reference that we have for the land. We might be confusing an informal internal reference with the legal reference. The test of my remarks last week, if you listen to the tape or review it, I did cover that extensively last month. I told you that we refer to this internally as lot 5, but I made it very clear on the record that there was no legal lot. There was no legal lot 5, it is just an internal reference. We've done that with homeowners association meetings and you know many public hearings over the month. I made it real clear on the record that while we refer to it as lot 5 it is now (inaudible). Borup: I remember that. Shari if should have been a subdivision, shouldn't they have come up 6 months ago. Stiles: If the property were split, yes it should have. Borup: You split by having a road go through you mean. Stiles: Well it's not just the road. What he refers to is the second parcel is 3 parcels on Ada County Assessor records. Borup: And it didn't use to be 3 parcels? Meridian Planning and Lining Commission Special Meeting :iuly 29, 1999 Page 22 Stiles: No. It was one piece. Durkin: I might make a suggestion that is would be very common to go through a rezone and have a condition of that rezone be to satisfy the platting requirements. I don't thing we are going to get there tonight, but if you are satisfied with the other matters relating to the rezone, you could certainly make that a requirement. Prior to the rezoning taking place, we have to satisfy Shari Stiles, City of Meridian Attorney that the platting is in order. I represent to you tonight that it is. Shari is saying that it isn't. I don't have proof on a piece of paper to show you that - Borup: Are there 3 separate tax parcels. Durkin: There may be numerous tax parcels-parcel numbers from a tax standpoint, but it is not legal lot issue. For example, the Shopko will be assigned a separate parcel number so that they will receive a tax bill directly. It is not a lot split. That's a matter that they work through with - Borup: A lot of commercial properties are made up of a lot of different parcels. Dunkin: It isn't a lot. What Shari is talking about that it is an illegal lot, it isn't. It is a legal lot and nothing was done in any matter that was inappropriate to get to where we are today, nor was it at all secretive. I encourage you to review the conditional use permit. There is not the theatre in here. In addition, I am asking you in the rezone to make the requirement of us to go through revised conditional use processing. If I were to go through the conditional use process and have our conditional use changed and then come back to you and ask for a rezoning, that would be backward, so we are trying to do it frontward and for some reason from May until today, that is how long it took for me to get a one paragraph staff report that is just flawed and I am trying to do it the right way and keep you informed and keep the city informed. That is my comment. Borup: I did not have anything else, Mr. Chairman. MacCoy: All right. Commissioner De Weerd. De Weerd: I just have one question for Mr. Durkin. You referred to the wall and the wall needing to be higher behind the Shopko and that sort of thing. What's -why was that and how high is the wall going to be in this proposed change that your doing? Rossman: May I ask one question Mr. Chairman. MacCoy: Yes you may. Rossman: My question is does the modification, the proposed modification of the wall, the sound barrier wall, does that have anything to do with the application for rezone at this particular parcel. ~-. .-. Meridian Planning ana ~ning Commission Special Meeting July 29, 1999 Page 23 MacCoy: I don't see that at all. Rossman: Is that an issue for this hearing? MacCoy: No. I think what she is asking since we were all involved in that wall. Rossman: He brought it up. That's true. In Tammy's defense he did bring it up. I am just wondering if we are wasting our time by making it an issue at this public hearing. MacCoy: I don't think it is an issue, it's just a matter of information more than anything else at this point since we were so heavily involved in this thing before. De Weerd: Is that another item that needs to be revised in your CUP then? Regarding the size of the wall. Durkin: No. I don't think so. De Weerd: I have not read the CUP, so. Durkin: You have not read it? De Weerd: No. Durkin: I believe it is staff level matter, but the staff may---what we are trying to do on the wall that you can only see from the Crossroads Subdivision, peoples backyard or from the loading docks from the Shopko store is make it taller so that they have more privacy. It does not effect the rest of the City of Meridian and in our opinion--- Rossman: I don't recall any height specification in the condition use permit on the wall. Durkin: Yes there is. It is 6 foot. To answer your question on the wall, the language in the conditional use permit said it had to be a minimum of 6 feet. It really was not clear on where that 6 feet was from. Was it from Fairview Avenue. It from this guys kitchen floor. What happens here is you have a mile long piece of property and you have some different grade changes from some peoples houses are taller, the lots fall off, but basically you take a 6 foot man standing in his kitchen and he is looking right out his backyard and he is looking right over that wall, the wall you may have heard me say something like this in one of our public hearings, but it's not blocking the visibility from the center. It could be modified to block any headlights and that type of thing and the best time to modify it is at this point, before we get the landscaping and other things in. Rossman: I guess the point to be made that your proposing to make it taller basically, which would not be a violation of the CUP. Meridian Planning and `~ning Commission Special Meeting ;July 29, 1999 Page 24 Durkin: No. We are making it better. What we have submitted in an application is we are all ready required to install 6 foot wall along this area, but in a rezone request and in our other applications we would be continuing the 6 foot wall here and here. If it needed modification as we went along, we would do that as well. This is a higher area of the development, but it's a lower area of the Crossroad Subdivision, so what's happening is that the wall is about 3 feet about or I guess 4 feet above the parking lot grade behind Shopko. It is 6 feet above the backyard elevations, so we are adding 2 to 3 courses of bricks, blocks depending on where you are. We are adding a minimum of 2 everywhere, 3 someplace. De Weerd: Which is equivalent to what? Durkin: Between 16 and 24 inches. Then there is a decorative cap on top of that. De Weerd: And so in this other lot 5, is that higher then the backyard of the neighbors then or are we going to have the same - Durkin: No I think this is the problem and the further you this way and the further you go this way, the better. There is a little roll right here or a dip, but for the most part -this is the highest and this is low. The problem will be less the further away we go from this corner. They're aren't any houses here at this time. This is a transitional -I can't remember-it's in the Comprehensive Plan-it's in the county it isn't in the city. What we are doing is taking the buildings from backing up to the houses. This building will be backing up to a wall and to a future street and to an occupied cemetery. All of the loading for this area, 100 per cent of that will be done along the east boundary of that building, so I think -with the wider birm here and the -we think the 6 foot wall will accommodate it ,but if it doesn't I think we have a good track record of making the adjustments with these people and we will happily do so with these residents as well. MacCoy: Any other questions. De Weerd: I do want to give one a try. I know he won't answer it, but... You've mentioned that you have a tenant and can you name who that is. Durkin: I am not at liberty to name a tenant right now, but I can be quite specific on the type of tenant. It's a general merchandise and a grocery store combined in the one building. We've had quite a few requests from the adjoining subdivisions for a grocery store and we have done our best to put a grocery store down on Eagle Road. We now have contractual arrangement to put one at this location. So it will be a one building general merchandise and grocery. De Weerd: So you would not have the grocery in the other parcel that you talked about. Dunkin: Actually we may, but we may not. We may just replace it over here. With approval, we will build a grocery store here. That would be in our further meetings when we go through the building configuration and everything else, but our only ~ .-. Meridian Planning and ~Jning Commission Special Meeting July 29, 1999 Page 25 commitment to build a grocery store on Eagle Road, we have a company out of Salt Lake City that has entered into a contract with that, but is going throughout with another company and I am not sure of this day what the status of that is for the other grocery store. MacCoy: Thank you for the description though on the wall. That was-you have fought through with that the past few months and that your holding out to your commitment. It is a continued public hearing. Is there anyone here that would like to speak in favor of what you have heard this evening. Woodvine: My name is Gaylin Woodvine. I live at 3808 E. Florence. I am strictly concerned about this it goes back to the 18th century, I guess. The water deal. With this outfit putting this one in over here, this in over here, heavens to Betsy, we weren't asking for very much. All we were asking was to but the pump truck down stream from that, but it took an act of Congress to do that, all most. We had to dam near design that for them. We don't want to have this same problem with this other property that is going to go in. I think that what I am trying to get at is that first agenda, before they start breaking any ground and plowing all that up, is to put that line in that ditch and get it taken care of first. It was satisfy-we live in an area of 250 homes plus. We've all got a heck of a lot of money tied up in it. I can't take off 2 or 3 days and not have water. They have caused me nothing but problems. Big problems in fact. I don't want to see it go on with the other end of this deal, so I'd like to get it from-so that they are informed about our concern that if they do get this deal all put through, these 3 parcels here, that the first concern would be the water and the ditch so they don't stick that pump truck right there where it was before or upstream from it. Stay downstream from it. That's all I wanted to say. MacCoy: Okay sir. Thank you. Anyone else? Anyone here want to speck on the other side of the negative side of this thing? All right. Larry, do you want to come back and answer the question on the water cause I noticed that last meeting you had you had quite a bit of discussion on the water. Durkin: I want to again publicly and go on public record apologizing to user on the water issue. I also want to -I really like the City of Meridian's former policy when they swear people. I felt great about that and I am sorry you changed that. I wish every city did that. Rossman: If you prefer to be sworn in, we can always do that Larry. Durkin; I swear to you tonight that the very first time that that water issue came to my ears, or Tom's ears or any representative from our company, was on the night about 9 p.m. on June 17th. I stood up and promised everyone in the audience that we would take care of it immediately. I promised you. By 12 noon the next day it was taken care of. It didn't take an act of Congress. It was the first time I had heard of it. I do now know that some of the adjoining residents were commenting to the contractor and the contractor Union Pointe Construction did not relay the information to us. We are proud ~-. r. Meridian Planning and ~~ning Commission Special Meeting July 29, 1999 Page 26 of our track record of jumping on problems immediately. It was brought to my attention at 9 at night. It was fixed by 12 noon the next day. I very much apologize for the delay. The wall issue speaks well of our response to the residents. The wall is installed. People don't like the wall. I didn't like it when we started, and we are modifying again. I still won't like it when we're finished, but we will continue to make modifications. I will make that commitment to you public and to you as the Commission tonight will continue to do that throughout the process. I had formally asked the homeowners association for Crossroads Subdivision to put me on notice when they have a meeting and I would like to either myself or Tom from our office to attend the homeowners meetings where I might get a better opportunity to hear other problems, comments, problems and concerns and I have been told that I will notified at the next homeowners association meeting they have and will be a regular visitor to those. That is the answer on the water. This is all enclosed. The stitch that went through here. This is still open. That is the very first thing we do when we start construction and will be done here as well. MacCoy: Okay. Any other questions for Larry? Borup: Just on the water. Mr. Durkin I assume that that phase is going to need water also for dust control, etc. Where would that water be accessed at. Durkin: I pledge to you tonight it will be well down stream from the intake for the Crossroads Subdivision. Where it is actually taken- Borup: (Inaudible) option cause downstream is a developed area now. You still (inaudible) access from the parking lot is what your saying. Durkin: Yes, we have full access. I want to remind you a kind of an issue that isn't fully in our control. We have to get, when we draw water from that we have to get (inaudible). END OF TAPE 1 & 2 MacCoy: Before you sit down, Shari do you have anything that you want to add to this before we move on? No. Is that what your saying. Durkin: I have one more comment. I wouldn't be real thrilled about walking our of here with a rezone in hand and then have deferrals on the other matters. I would like to request from the Commission that you hold off on the rezone of this parcel until we resolve the Comprehensive Plan change and the annexation because I have tried to show you on the plan tonight very (Inaudible) applications and as they stand alone they are not valuable to us. MacCoy: Okay sir. Thank you for your comments. All right Commissioners. De Weerd: I agree with that. So do we table this. Meridian Planning an'~oning Commission Special Meetinc'" ;July 29, 1999 Page 27 Rossman: Yes, as the first item in the agenda. I guess just continue it until the end of the public hearing tonight. Borup: I move to continue Item 2 till the end of to nights agenda. De Weerd: You mean after agenda number 5 or after- MacCoy: Four. Borup: Three and four. De Weerd: After the JUB. Thank you. I would second that. MacCoy: We have a first and second. All in favor. MOTION CARRIED: ALL AYES. ITEM 3. CONTINUED PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND USE OF 12.3 ACRES FROM SINGLE FAMILY RESIDENTIAL TO COMMERCIAL BY DEVELOPER DIVERSIFIED REALTY CORP / DAKOTA COMPANY-SOUTH OF FAIRVIEW & EAST OF RECORDS AVENUE: MacCoy: Shari? Borup: Mr. Chairman. Do we need to have the votes reflect a quorum. Rossman: A vote by the Chairman since we are missing 2 Commissioners. Borup: For a majority. We did not have a majority vote. MacCoy: Well there is three of us here. That makes a majority for the- De Weerd: Did you vote? MacCoy: I voted, yes. We are covered. I said aye so we are three of us. Make a note of that officially. Shari, anything you want to say about item 3 at this moment? We are getting ready to move on here. Stiles: Nothing beyond my request to continue the public hearing. MacCoy: Okay. Thank you very much. Mr. Durkin do you want to now make a statement at this time. Durkin: I really want you to know that I am trying to be as brief as possible tonight. I appreciate and I want to thank you for holding this special hearing. I think it is beneficial for everyone and I appreciate it. An extra night out of your week and thank you for n MERIDIAN PLANNING & ZONING COMMISSION MEETING: JULY 29,1999 APPLICANT: DAKOTA COMPANY AGENDA ITEM NUMBER: 2 REQUEST: REZQNE OF 11.4 ACRES FROM 1L TO CC 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 HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED MINUTES ~~ w" ~}~ Z c~° ~ rQ~' k~ ~~ 1~' ~~ S~P.~. BUREAU OF RECLAMATION: OTHER: Alf Materials presented at public meetings shall become property of fihe City of Meridian. ~ ~..* Meridian Planning ana ~~ning Commission June 17, 1999 Page 27 residential to commercial to July 29th and also in addition to have a public hearing to hear the annexation request. Borup: Do I hear a second? Smith: I would second that motion with the amendment that outside of agenda items that specifically relate to this project that no other items be placed on that agenda with the possible exception of agenda item number six which is also a Comprehensive Plan amendment public hearing. Commission De Weerd, I second her motion with that amendment. De Weerd: Can we restrict special meetings like that? Gigray: Sure. De Weerd: Okay, sure if that makes you feel good I'll do it. Borup: All in favor? MOTION CARRIED: ALL AYES. 2. PUBLIC HEARING: REQUEST FOR REZONE OF 11.4 ACRES (FROM I-L TO C-C) BY DEVELOPER DIVERSIFIED REALTY CORP /DAKOTA COMPANY-- SOUTH OF FAIRVIEW & EAST OF RECORDS AVE: Borup: As the previous discussion mentioned, it would be our intention to hear this item at the special meeting on the 29th. That this is a noticed public hearing. So we'd like to give anyone an opportunity to testify if they don't feel that they could put their testimony on record at the next meeting. De Weerd: Mr. Chairman, should we note a time for that special meeting? Borup: I think that would be a good idea. De Weerd: 6:00? Borup: Okay let's add that to the next motion. Can we do that? De Weerd: You bet. Borup: I assume you are going to continue this. Do we have anyone from the public who would like to testify on this item? Okay, !should have asked the applicant first, but I was jumping ahead by what he -making an assumption by what he had stated earlier. Is there anything you would like to add Mr. Durkin? Okay. ~'~, ,•~ Meridian Planning and coning Commission June 17, 1999 Page 28 Smith: Mr. Chairman, I would like to make a motion that we continue this public hearing on the request for rezone of 11.4 acres to our July 29th meeting at 6:00. Borup: Do I hear a second? De Weerd: And it will be properly renoticed. Borup: That goes without saying. De Weerd: That's for granted. Borup: It's gat to. I'm sorry. This has already been noticed once, so I believe that was Counsel's suggestion that we do renotice it. Gigray: Right because I think the Clerk is going to have to give notice of the matter that isn't set for public hearing which was annexation and zoning designation so I think it would be easy just to include them al(. I think you ought to do it. Borup: Was that included in that motion? Smith: It is now. De Weerd: I second that. Borup: All in favor? MOTION CARRIED: ALL AYES. Stites: Mr. Chairman, it will be quite expensive to renotice and republish all that. Is that something that we can bill the applicant for? De Weerd: I would think so. 4. PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 4.6 ACRES BY TREASURE VALLEY BAPTIST CHURCH / K. D. ROOFING--NORTH OF OVERLAND RD, SOUTH OF I-84 & EAST OF TEARE AVE: Borup: Is the applicant here this evening? I'm sorry I don't think I opened the public hearing. I would like to do that right now open the public hearing on the aforementioned application. You may proceed. Aldridge: Thank you. Bob Aldridge - Borup: Did staff have any comment before we proceed? I'm sorry. •^ HUB OF TRE.9SURE VALLEY ~ Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place t0 Live (208) 288-2499 • Fax 288-2501 City Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cit Clerk Fax 208 888-4218 DEPARTMENT KEITH BIRD y ( ~ 8) 884-533 • Faz 887-1297 ~~~~~ .1 U 1. 2 9 1999 MEMORANDUM: Jul 29, 1999 CITY OF MERIDIAI~t y To: Planning & Zoning Commission, Mayor & Council From: Shari Stiles, P&Z Administrator ~~ Re: Agenda Items of the July 29, 1999 Special Meeting of the Planning & Zoning Commission Numerous applications for comprehensive plan amendments have been received by staff in the last two months. Due to the need to consolidate the applications received, I respectfully request that a cutoff date of August 16, 1999, be established for final receipt of complete comprehensive plan amendment applications and that a special meeting be set up for the last week of September, 1999, to consider all comprehensive plan amendments at the same time. This will give staff additional time to prepare an analysis of the proposals and the goals and policies of the comprehensive plan. The following actions are recommended: Item 1. Continue public hearing to specific date in September Item 2. As this property is a portion of a previously approved conditional use permit, removal of this land area from the overall planned development is a significant change and would require a modification of the conditional use permit. This 11.4 acres was previously shown to be a theater. Also, it appears that the parcel is an illegal subdivision. No plans have been shown for development of the property. Staff recommends denial of the request. Item 3. Continue public hearing to specific date in September Item 4. Continue public hearing to specific date in September. Parcel shown would be an illegal split of the property. Comprehensive plan must be changed to allow annexation and zoning. Any consideration for annexation and zoning should require development as a planned development under the conditional use process and specific requirements included in a development agreement. ~'^~ ~ MERIDIAN PLANNING & ZONING COMMISSION MEETING: JUNE 17. 1999 APPLICANT: DAKOTA COMPANY AGENDA ITEM NUMBER: 2 REQUEST: REZONE OF 114 ACRES FROM IL TO CC 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 HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED LETTER SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS pew are ~" m a~2 BUREAU OF RECLAMATION: OTHER: Ail Materials presented at public meetings shall become property of the City of Meridian. From: Carl & Dolores Sass 1158 N. Legislative Way Meridian, ID 83642 208/887-1184 JUN 1 0 1~~~ Ci'I'~` tt€~~ ~tt{~ti~Itl~~~ June 8, 1999 ~~ ~ v. ~~ ~ `~' C~r~'~D N ; 1 1999 To: City of Meridian Planning & Zoning Commission 33 E. Idaho Avenue Meridian, ID 83642 We are unable to attend the meeting on June 17th and would like to state our concerns and opinions. We are writing this letter concerning the certified piece of mail we received regarding the change of 11.4 acres from I-L to C-C and 12.3 acres of land from single family residential to commercial, south of Fairview and east of Records Drive. There is enough land to build a shopping center/strip mall. We wish that the land will remain zoned for single family homes. What we really would like is to have the sod farm remain where it is. We will have enough traffic and noise in our area with the shopping center, why do we need more? If this land was zoned for commercial use why or how was it allowed to have a subdivision built in the middle of it? Another matter we would like to bring up is the Nampa Irrigation System. Ever since we moved into our home we have had nothing but trouble using the irrigation water. At times no water came through our sprinkler system; no one ever sent out a message that they were working on it or that there was some problem. Now we have to keep cleaning the filters on our sprinklers every time we use it because it cloggs up with sand and silt. One more thing and that is regarding the roads being torn up to install piping for the shopping center. Can they put a steel plate over the areas they had torn up? There are ruts in the road that can cause damage to the car. Please read this at the meeting and let us know of the outcome of this meeting. Thank You -~ ~. HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live 1208) 884-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 ('208) 887-321 I RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 °" _ PLAN~WG AND ZONING KEITH BIRD C3'EPARTMENT (208) 884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 10, 1999 TRANSMITTAL DATE: May 12, 1999 HEARING DATE: June 17, 1999 C~Dr~'~C~2 ~~ FILE NUMBER: RZ-99-007 REQUEST: REZONE OF 11.4 ACRES (FROM I-L TO C-C) BY: DEVELOPER DIVERSIFIED REALTY CORP LOCATION OF PROPERTY OR PROJECT: SOUTH OF FAIRVIEW & EAST OF RECORDS AVE TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH 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 MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: /'1 ,/~ ~.,r~ __ _, _~_ M A1~ 2 4 1999 1~~~ ~ ~ . 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Will Berg, City Clerk City of Meridian 33 East Idaho Meridia~~>i, IDS3~F2 Re: RZ-99-007 Corporation Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Rezone from IL to CC for Developer Diversified Realty Dear Mr. Berg: The Nampa & Meridian Irrigation District has no comment on the rezone for the above- mentioned project. Sincerely, ~~~ Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln Cc: File -Shop File -Office '~'rster Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 19 May 1999 CENTRAL •• DISTRICT PRHEALTH DEPARTMENT Rezone # Conditional Use # CEN~I r~AL DISTRICT HEALTH DEPARTMENT Environmental Health Division -C~ Q AY 1 8 1999 Preliminary /Final /Short Plat ~ ~~ Return to: ^ Boise ^ Eagle ^ Garden City Meridian Kuna ^ Acz I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ 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. ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ^ 14. Date: ~/~/~ Reviewed By: ~~~ LORD 10/91 rc6, ~~~.,roi Review Sheet -~ ,. HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council Members CITY OF MERIDIAN B PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887'-'-11 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTMENT (208) 834-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by:_ June 1, 1999 TRANSMITTAL DATE: May 10, 1999 HEARING DATE: June 8, 1999 FILE NUMBER: RZ-99-007 REQUEST: REZONE OF 11.4 ACRES (FROM I-L TO C-C) BY: DEVELOPER DIVERSIFIED REALTY CORP LOCATION OF PROPERTY OR PROJECT: SOUTH OF FAIRVIEW & EAST OF RECORDS AVE. _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH 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 MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (A,NN/EXATION) YOUR CONCISE REMARKS: /(/r7 ~~ /9T~s ~~, ~~~~ ~~ MAY 1 1 1999 CITY OF iVIFI~II~I~'V / ~~` ~. JUN 1 0 1~99~ C~"fY nF ~IEIZIUIs~' From: Carl & Dolores Sass June 8, 1999 PI..-~ti~'~,~,~g ~(~-~~'~f~ 1158 N. Legislative Way Meridian, ID 83642 208/887-1184 ~ ~ C~ ~~~ J11~1 ~ t 1999 To: City of Meridian ~ Planning & Zoning Commission : it,y ot;~ieri:Ia~~ ^~~;, ^£-r~; ;~ r';~ 33 E. Idaho Avenue Meridian, ID 83642 We are unable to attend the meeting on June 17`h and would like to state our concerns and opinions. We are writing this letter concerning the certified piece of mail we received regarding the change of 11.4 acres from I-L to C-C and 12.3 acres of land from single family residential to commercial, south of Fairview and east of Records Drive. There is enough land to build a shopping center/strip mall. We wish that the land will remain zoned for single family homes. What we really would like is to have the sod farm remain where it is. We will have enough traffic and noise in our area with the shopping center, why do we need more? If this land was zoned for commercial use why or how was it allowed to have a subdivision built in the middle of it? Another matter we would like to bring up is the Nampa Irrigation System. Ever since we moved into our home we have had nothing but trouble using the irrigation water. At times no water came through our sprinkler system; no one ever sent out a message that they were working on it or that there was some problem. Now we have to keep cleaning the filters on our sprinklers every time we use it because it cloggs up with sand and silt. One more thing and that is regarding the roads being torn up to install piping for the shopping center. Can they put a steel plate over the areas they had torn up? There are ruts in the road that can cause damage to the car. Please read this at the meeting and let us know of the outcome of this meeting. Thank You ~_. _~ ~~~ u: t/~ /S~~ (]{~ ,~C~~l 'T 1999 CIT`Y' tar `t~I~RIDIA.~ ~. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Re: Rezone of 11.4 acres from IL to CC for Developer Diversified Realty Corp. Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the rezone for the above referenced application. Sincerely, ~t~G~~~- Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln Cc: File -Shop File -Office Y1;'at~r Superi~ ~tender~t APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS 23,000 BOISE PROJECT RIGHTS - 40,000 June 2, 1999 HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live c~o8> 8s-t--t~~a Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEP,4RTNIENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) X87 ~~ ~ ~ RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4Z~E ~ ~, ~ P~L ING AND ZONING KEITH BIRD EPARTMENT MAY 1 0 1999 `208's~4-5'~~ City c~~ ~;~Ie~-iciiax~ City Clerk. d)ffic~ TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 1. 1999 TRANSMITTAL DATE: May 10, 1999 HEARING DATE: June 8, 1999 FILE NUMBER: RZ-99-007 REQUEST: REZONE OF 11.4 ACRES (FROM I-L TO C-C) BY: DEVELOPER DIVERSIFIED REALTY CORP LOCATION OF PROPERTY OR PROJECT: SOUTH OF FAIRVIEW & EAST OF RECORDS AVE. MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXACTION) ~/ ~j YOUR CONCISE REMARKS: ~ ^ ~O ~ / 1 ,a w; c,t, ivv ~a u dz ~- ~J~o ~~ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, 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 ~ ~` HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 884-4264 Coun~r~ M m rs CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILD'NG DEPARTMENT (08) 887-2~ I 1 GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-48 ~ ' ~, i `~, ~- NNING AND ZONING '~ 1-~ } ~ DEPARTMENT KEITH BIRD I' ~~II { p (208) 884-5533 ,~ U IY ~ ~ f~J:% t~ity c,i i1Tr~ri::?i~~, City Clerk Ufficc MEMORANDUM: June 17, 1999 To: Planning & Zoning Commission, Mayor & Counc~il~i From: Bruce Freckleton, Assistant to City Engineer~'~-gyp Shari Stiles, P&Z Administrator __ Re: Request for Rezone of 11.4 Acres from I-L to C-C by Developers Diversified Realty Corp. We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL INFORMATION: 1. This property was included as part of a conditional use permit for the Family Center. The parcel of property is not a separate, legal piece of property and cannot be sold as such. Applicant requests that the property be zoned C-C to be joined with property to the east fora "mixed use shopping center". 2. The legal description submitted with the application does not go to the centerline of Fairview Avenue. SITE SPECIFIC REQUIREMENTS: 1. Submit a revised legal description to meet all of the criteria required by Meridian City Resolution 158, and the Idaho State Tax Commission. 2. As no real uses have been disclosed and neighboring property owners should have the opportunity to comment on any proposed development, a condition of rezone should be that all uses be developed under the conditional use permit process as a planned development. 3. Prepare and submit a subdivision plat for any splitting of property. 4. A development agreement is required as a condition of rezone. DDRC.RZ R~99-007