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McDonald's Cherry Lane CZC 07-118
&ffr-- ' rW f NOTE: This is not a Building Permit Prior to any construction, you should contact the Buildine Department at (208) 887-2211 to verify if any additional permits and/or inspections will be required by the Meridian Building Department. CERTIFICATE OF ZONING COMPLIANCE* JUL 18 2001 16 2007 City of Meridian Date: July f!i-.> � . a V1f1cQ Project Name/Number: McDonald's Cherry Lane — CZC-07-118 Owner: Brent Dixon Site Address: 3415 W Cherry Lane Proposed Use: Restaurant with drive-through window Zoning: C -N Comments: Conditions of Approval: Project is subject to all current City of Meridian ordinances and conditions of approval of CUP -04-054 (The Shops at Cherry Lane) associated with this site. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for this site. Alternative Compliance: The applicant has requested a reduction in the required buffer along W. Cherry Lane to 20 feet instead of the required 25 feet. The Planning Director has approved this request as shown on the landscape plan approved with this application. Landscaping: The Landscape Plan prepared by The Land Group, on June 20, 2007, labeled Sheet L1.0, is approved (stamped "Approved" on July 16, 2007 by the Meridian Planning Department) with the following changes/notes: 1) Provide a landscape buffer along Cherry Lane that is at least 20 -feet wide, exclusive of right-of- way (UDC 11 -3B -7C1) as shown on the landscape plan and approved by the Planning Director; 2) Install 1 tree in each of the planter islands at the ends of the row of parking on the west side of the building. per UDC 11-3B-8C2d. Other than the above-mentioned changes, the approved landscape plan is not to be altered without prior written approval of the Planning Department. No field changes to landscape plan permitted; prior written approval of all material changes is required. Prior to final inspection and sign off for this project, a written certificate of completion shall be submitted to the Planning Department, prepared by a landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. Site Plan: The Site Plan prepared by TD & H Engineering Consultants, on June 20, 2007, labeled Sheet 3 of 10, is approved (stamped "Approved" on July 16, 2007 by the Meridian Planning Department) with the following changes (see redline changes on site plan): 1) Provide a minimum 2 -space bicycle rack on this site (see UDC 11 -3C -5C & UDC 11 -3C -6G); Except for the changes mentioned above, the approved site plan is not to be altered.without prior written approval of the Planning Department. Elevations: The Elevations (Sheet A2.1, dated October, 2006) submitted with this application are approved with no changes from the Planning Department. Irri ag tion: An underground, pressurized irrigation system must be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15. Protection of Existing Trees: Any existing trees on site must be protected or mitigated for in accordance with the Tree Preservation section of the City's Landscape Ordinance. Per UDC 11-3B-10, coordinate with the Parks Department Arborist (Elroy Huff, 888-3579) for approval of protection/relocation measures for the existing trees prior to construction. Any severely damaged tree must be replaced in compliance with UDC 11 -3B -10-C.5. Parking: The proposed parking areas shall be paved and striped in accordance with UDC 11-3B. Project engineer/architect shall certify that the number and size of handicap -accessible spaces conforms to the Americans with Disabilities Act (ADA). Handicap accessible stalls must have signage in accordance per ADA and signed accessible. Curbing: Per UDC 11 -3B -5I, all landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff. Sidewalks: All sidewalks shall be constructed in accordance with 11-3A-17. Sidewalks shall be constructed prior to occupancy. Drainage: Storm water drainage swales shall not have a slope steeper than 3:1, shall be fully vegetated, and shall be designed in compliance with UDC 11-3B-11 and UDC 11-3A-18. Li tin : Lighting shall not cause glare or impact the traveling public or neighboring development and comply with lighting standards as defined in UDC 11-3A-11. Signage: No signs are approved with this CZC. All business signs will require a separate sign permit in compliance with UDC 11-3D. Trash Enclosure: All dumpster(s) must be screened in accordance with UDC -11-3A-12. Trash enclosures must be built in the location and to the size approved by SSC. Handicap -Accessibility: The structure, site improvements and parking areas must be in compliance with all federal handicap -accessibility requirements. ACHD Acceptance: All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning staff for approval prior to the issuance of a building permit. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy. All changes in occupancy need to comply with the requirements of the Building Department. It is unlawful to use or occupy any building or structure until the Building Official has issued a certificate of occupancy. A certificate of occupancy or temporary certificate of occupancy is obtained from the Building Department (208) 887-2211 after inspections are complete and the field inspection record is returned to the Building Department. Plan Modifications: Except for the changes mentioned above, the approved Site Plan, Landscape Plan stamped "Approved" on July 16, 2007, and Elevations, and are not to be altered without prior written approval of the Planning Department. No significant field changes to the site or landscape plans are permitted; prior written approval of all changes is required. Note: If the plat for the subdivision in which this property lies has not been recorded, all subdivision improvements shall be installed prior to occupancy of the first structure in the subdivision. -" Ala&&A21 Sonya Witers Associate City Planner *This letter does not indicate compliance with requirements of other departments/agencies, including, but not limited to, Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer, Water, Building or Fire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year from the date of issuance if work has not begun. Y� erl�zr�z Y N IDAHO 4t, t Type of Review Requested (check all that apply) ❑ Accessory Use ti�Alternative Compliance ® Certificate of Zoning Compliance Conditional Use Peimit Minor Modification Design Review ❑ Private Street ❑ Property Boundary Adjustment ❑ Short Plat ❑ Temporary Use Certificate of Zoning Compliance ❑ Time Extension (Director) ❑ Vacation ❑ Other Information Planning Department ADMINISTRATIVE REVIEW APPLICATION Applicant name: elkr 1i nc.Wx IMAJ,46 USA LLG, Phone: Q6-- at(a-ay 13 Applicant address: 1-131 113f" lye-- Iw tm , Zip: Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned , ❑ Other Owner name: N.Y1101 Phone: 51) 3 -,537 Owner address: 23. 77 St✓✓ • 13053&\ �'i7Git,/ud:!� OR , Zip: y71 ' f U Agent name (e.g., architect, engineer developer, representative): L170 el 0✓l 11-01(44 Firm name: f3 owI'IUc./d"�S'j/+/y�,d'1 -{✓iL, Phone: 1()X- 38 Ll- ?5730. Address: 00 W. 4^:I� Zip: Primary contact is: gApplicant ❑ Owner ❑ Agent ❑ Other Contact name: Cl -'n f- 4AAC'.1in Phone:Y25 - 2q? - Z -J3 E-mail: 11"ir. e,r`1eNA ts', mt&kam Fax: q:K 2 a�Y� Subject Property Information Location/street address: 3q)9' W A e/'✓u 44.1,(_ Assessor's parcel number(s): !U aL 1 XO Township, range, section: 3 we* -r - 3 MilfTotal acreage: 1,241 A(,a-S Current land use: Current zoning district: IV Towr,$i,1P 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.ore ] (Rev. 9/21/06) Project Description Project/subdivision name: General description of proposed project/request: A/�,,/c i�o� �Uls jGy�e►,i✓!wY/� 1'✓�D/�`✓L I��trJ Proposed zoning district(s): Lr N Acres of each zone proposed: 14c/Gy Type of use proposed (check all that apply): ❑ Residential MCommerciql ❑ Office ❑ Industrial K Other RGS f'av✓"� Amenities provided with this development (if applicable): Who will own & maintain the pressurized irrigation system in this development? 00 Which irrigation district does this property lie within? 4--Q& 1Z v-'i� Primary irrigation source: AJ51"e- l��wicr Secondary. Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is city water): Residential Project Summary (if applicable) Number of residential units: Number of common and/or other lots: Number of building lots: Proposed number of dwelling units (for multi -family developments only): I Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU/acre-total land): _ Percentage of open space provided: 2 or more Bedrooms: Proposed building height: _ Average property size (s.f.): Net density (DU/acre-excluding roads & alleys): Acreage of open space: Percentage of useable open space: . (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots: I Other lots: Gross floor area proposed: _ 3 , 7 y, % Existing (if applicable): Hours of operation (days and hours): 7 risky 17 NJa<$ Building height: 18 3 Percentage of site/project devoted to the following: Landscaping: aS�n Building: 7 /y Paving: Total number of employees: 35 Maximum number of employees at any one time: Number and ages of students/children (if applicable): Seating capacity: 76 Total number of parking spaces provided: 30 Number of compact spaces provided: Authorization Print applicant name: �T �.rn e,,V Applicant signature: Date: 5-A q /V 660 E. atertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 High Point Equities L.L.C. 23675 SW Robson Terrace Sherwood, OR 97140 (503)-537-8856 February 28, 2005 REQUEST FOR WIDTH REDUCTION Anna Canning Planning Director — City of Meridian, Idaho 660 E. Watertower Ln., Suite 202 Meridian, Idaho 83642 Dear Anna, The purpose of this letter is to formally request a width reduction of the street buffer for High Point Equities, L.L.C.'s proposed retail development at Ten Mile & Cherry in Meridian, Idaho (The Shops at Cherry Lane). A hardship exists due to the triangular configuration of the property and lack of property depth. We are proposing an alternative buffer of 20 feet. I thank you in advance for your consideration in this matter and I look forward to working with city officials in any way I can with respect to this development. Thank you, Brent Dixon Cc: Joshua Wilson McDonald's USA LLC 112131 112" Ave NE, Suite 103 To: City of Meridian Planning Department Project: New McDonalds Restaurant / Ten Mile and Cherry Lane Re: Alternative Compliance for Reduction of 25' Buffer Along Cherry Lane Krtdand, WA 98034 Phone: 425-821-4970 Fax 425-821-4563 McDonalds is requesting a reduction in the 25' buffer along Cherry Lane to 20'. This reduction is required in order to maintain a 25' drive isle running along the south west side of our lot. Larger drive isle is required in order to maintain a turning radius for cars that are approaching (entering) our drive thru. Current site plan shows the buffer along Cherry at 17.5' and the drive isle running along cherry lane at 25'. During the pre -application meeting I agreed to drop the drive isle down to the minimum (22') and expand the buffer by 3' to 20.5'. Site plan is currently being revised by our engineer. The planning director originally approved Brent Dixons request to reduce the buffer to 20' which is outlined under CUP -04-054 item B under Standards for Conditional Use Permit. Our site plan has changed slightly from what was granted under the CUP, but the changes are more forgiving to current restriction. (revised site includes 1 building in lieu of 2) I also would like to add the 20' buffer complies with the 10 percent restriction based on the overall depth of the lot. /Sincerelmeron McDonalds USA LLC. Area Construction Manager 425-821-4970 clint.cameron@us.mcd.com pnpo"A Aqik,,z„: PA reel I 1S \ snwcM t BEMo E EwmNG WEST CHERRY LANE ASPHALT IN NEAT UNE RE]AOVE t DISPOSE OF Nsuly wNCPETE DRNEWAY 76 L.F. IX511NC wflB.� �WOH VALLLY GUTTER PER GIRiFT t SIDEWALI 6PVIC 90. DWG, N0. ]OB \ \ \ R 20.0'NLL' `R 20.0'INSTN n TiR.1 4� R 100' SEE 0 �-24�1' V \� 5 � \ �PNMiNG LOi SE�CpON-� 250 .- SEE OETNLe , \ t \ \ _ D' \, \ 2 NOT TO SCALE - 2 \ \ fv \` ^ 3]L���-2pp+ 20.p 'ter OE&ONEO -_ 0 20' 40' II I I 2 t DEPOSE OF - � IMSE w1116E S C A L E .: DATE: .. A, \\ i \ t) tl I R U.0' � \ 4 NDI TO sFUE 2 I' e� OF 4) VARBS 4' COE 0 2X � ,• \ \\. 2 CMTS 4' WIDE - - H t REMOVEUNE �. STANDARD PARKING STALL STRIPING DETAIL NOT TO SCALE 2 PROPE,- UNE \\�\ /1 2 GDATS I I {• MDE s.o• CUI✓BINC I O, ,INCA TDT x 0 T t OS—E OF 4] S.Y. OF E=IKI AS T BEMOVE t DISPOSE OF 0 LF. .. OF E%511NO R U—O TIE REMOVE t 015POSE OF 288 LF. OF —NO Ww0 FENCE INSTILL tf LF. ' Mimi 90 I �-24�1' METE of G !ILr�j1A/% ETVIEp ,DETML NL .9.0'. \ \ _ D' \, \ 2 NOT TO SCALE - 2 \ \ fv R ]20 120 'R; 2O' OE&ONEO -_ ]/4' MINUS CRU91E0 2 t DEPOSE OF - � IMSE w1116E DUAL—CHECK: 90 I �-24�1' of G !ILr�j1A/% BLUE PN 2 LOAlS HANDICAP PARKING \ \ OI \ ]{4 LF. LF. 0 \ ENI50N0 STALL STRIPING DETAIL 5 HANDICAP MARKING DETAIL 6 xOT TO SCALE \, \ 2 NOT TO SCALE - 2 \ \ fv I. 3' ASPHALT wNCNEIE P V W BHALL BE P- M0( PAVE.EM CI155 III E2'� WAL LIAIIMNA SIZE) DESIGNED AND POLED IN XC R.ANCE -N Z. ASPHALT BINDER SH-SHBE -8-IN AwORWNCE -H ISM 1 PAVEMENT SH— BE PVCED IN TWD UFTS Z 3' ASPNJLT CONCRETE PAVEMENT 33 6. OF 3/4• .MUS CRUSHED GRAVEL ZF , COURSE A SSI MINIM M Z ..—ON PER USM. T -BB G F 12' OF SMUCNRAL SI]BBASE /"'^' � >� z v J/ � u C (UTNE MATER.L TYPICAL PARKING LOT SECTION 1 y A N.T To S E 2 o Uj c0� 5- Q zm 6. R 1/4'-\1_1/2• OF 4) I I I of G !ILr�j1A/% PAVFAIEM e• % %�� .: 6 OE&ONEO BY JLN ]/4' MINUS CRU91E0 2 t DEPOSE OF - � IMSE w1116E DUAL—CHECK: S. OF ElOSTMG t G.TER DATE: .. A, STRAIGHT CURB DETAIL 2 NDI TO sFUE 2 I' e� OF 4) VARBS 4' COE 0 2X � ,• I— a - - H t REMOVEUNE �. Z z 2' COMPACTm O OmAT 07X MIMNUM wMPACiION PFA AW BO IS. a W Z wcc SIDEWALK DETAIL 3 NOTro scut 2 W Z EL Lu 0 gF_ S OEM%ILN _wmc. J Y in I 1 / -MY OF 4) AGCY TE — . 28 BMS—H OF44000 P61, VC £ 1I NH wNiEM WIIFI A LWO.UN SUMP OF 4'. Z FL O W CONTPACINM JOINED BINLL BE WPACw TiE SANE DNEN9ON AS THE WIOIH BUF NOi TO EAC® 5' FUJI WAY. w-EC—OL JOINTS BE -� V C� wN51RUClm BY SAWING ORD A TOOL SHNL BE USED WHICH USE F AND WN. LEAVE COWIEAS ROUNDED Ni0 DESTROY AGGIB:GATF INIERLOIX FOR TIE SPEpF1ED MBiIMLNI DE— wMRACDON JOINTS SHALL BE A MINMIUM W OF 1/TM 4 OF E TOTAL DEMI OF TIE wNCRLTE 3. —ON JdMS, USING 1/2' PREFp M BRUAIIN0115 JOINT MATENW. SMELL BE SP AT BREINAIS TMCE THE MW AND M NOTED ON PLANS AND OETNLS, PV 1/2 PREFORMED MMINOUS JOINTS AT TIE 1FRM...S POINTS FOR CURVES AND WHERE 9OEM'ALI IS PLACED BETWEEN WO PFFWIIkN M FOIMDATIM MIO AIDNO THE BMN OF WALLA THE NU, A. ALL EDGES AND -NTS SHALL BE ROUNDED WN AN EDGING TOOL OF A MINIMUM 1/4' BADRIS SURFACE 9— BE BRwY FlNOH 5. GRADE M%NMFM MID HRMS SNNL BE INSPECTED BY ME ENGINEER PMOR TO POURING. SHa L CF D5 — PLA r SHOWNG GROCERY BAG SUBDIVISION LOCATED II THE NORTHEAST //4 OF TIE NORTNEABr 1/4 OF SECTION 10 TORNSNIP 13 NOR?K RANGE 1 our OF THE POIN MERIDIAN, ADA C"r"Y OTY OF 1uleD1AN. IB07 Ip OEM I" tUAQ Nei [ I Omura_ _ - - _ - _ _ � � [ eAarr u1e 'fgIdllNt l UFT—CA WRY LANE QdHERM1L Mrar � 1 1 0 LOr I �ALr�rf CAN=? i ----------------------------- XTA& 'A' - Nor TO SCALE TM 1) PIMMO SETBACKS SHALL CONFORM TO THE APPLICABLE ZONING REGULATIONS OF THE CITY OF MERIDIAN, WT1 THE EK(VTION OF A ZERO -LOT -LINE DESIGNATION FOR THE LINE COMMON, TO LOTS I AND A BLOC( 1. 2) TNS SIJBDINSION IS suejECT TO CoYPLma MTH IDAHO CODE SECTION Ji-im CONCERNING IRRIGATION WATER. J) MAINTENANCE OF ANY IRMCATON OR DRAINAGE DITCH/PIPE GROSSING A LOT IS THE RE99ONSOUTY OF INE LOT OINIGR UNLESS SUCH RESPONSIBILITY IS ASSUMED BY AN NNRIGATONAVAPIAGE DISMOr, 4) ANY RESUBDIVISION OF THIS PLAT SHALL CONFORM TO THE APPUCABLE ZONING RMU17MS NN EFFECT AT THE TKR: OF RESUBDIVISION, S) BOTTOM OF SOLOING FOOTING SHALL BE A MINIMUM OF IP INCHES ABOVE THE ESTABLISHED SEASONAL NIGH GROUNDWATER ELEVATION. CONDITIONAL USE. r) AOJAOENr TO Au LOT UNEs OOMMON TO A PUBLIC STREET RTCNT--OF-WAY UNE SHALL BE A 10 -FOOT -NIDE PERMANENT PUBLIC UTUTR^S, DRAINAGE AND IMBGATION EASEMENT. 7) THIS SUBDMSION IS SUBJECT TO A PERMANENT ACCESS EASEMENT IN FAVOR OF LOT I AS DESCRIBED IN THE DECLARATION OF RESTRICTIONS, GRANT OF N15'�MON AREA MAINTENANCE ACAEEMENf RECORDED AS INSTRUMENT N0 r-nn-aa Omura a 1 20.130' DEDICATED TO ACND Mr, pmmx 4 rlrrJIM ~ am 1/NIN C1 0O @OYe7 �Cllelr Io A16 n SCALE < TIP) I w4h • Irl Pt. • MM rMal OAP MCMOIT o PaNv rAr Aewr e PA�eyu�� to" PW MAIL . • gi I}�i i fi Mi ri�z 'M1Mi PPMIV cvnmm IF Smarr Pn"lY urc - - - - - CAereNT USI (Ji1AQ MM ONrAMK OR K40W PIC- Sheet 1 of 2 am., 9'-4• T/9,LL. T/SLAB iI"\ FRONT ELEVATION I/4°—= V —O' A.9 S,RT�' W ,vm at �2� NON—DRIVE—THRU ELEVATION � Bum dN. b• 0 w� m i„To� aaaww rumBAL o , c -m.,a �ras,w ni m . o .A w m," wam. _ vnova �,� O „via _ em,a oxo . _ a Asea S,m,G,URAL NOM, �e--A w=� � ypS��Bde�F J 6e $ 4a>! R3� c 9 a iiQQ,,`` 33 I ,�orE1H��i C84 v OI I_OIB'J-0 A2.0 6LYAT.— ASB SERIES Fixture Specifications FEATURES • Mill finished aluminum housing • Access to lamp and ballast compartments through hinged door assembly • One-piece tempered glass lens • Optical system fabricated of polished aluminum; provides optimum efficiency for long and wide light distributions 1:0- C Adjustable cut-off F Fixed arm (forward throw) 17,171; 71 c 175MH 175 watt metal halide 250MH 250 watt metal halide 40OMH 400 watt metal halide 1000MH 1000 watt metal halide 250HP5 250 watt high pressure sodium 400HPS 400 watt high pressure sodium 1000HPS 1000 watt high pressure sodium A fully adjustable and directional lighting system designed for maximum flexibility and the challenges of today's lighting needs. Adjustable mounting allows for up to 450 tilt above horizontal to optimize performan--e. Fixed arm mounting provides true cutoff in the same value -priced luminaire. • Type C includes adjustable tenon adapter • Includes integral/adjustable light cut-off shield • Consult factory for external glare shield options • Includes lamp • Available with photocell • Available with polycarbonate shield • Suitable for wall mounting XX Joltage DIMENSIONS I c i F B lB—'A--- cut-off E D Fixed arm (forward throw) I i . 400 17.0" 17.0" 9.5" 10.0" 5.0" 1.44 1000 22.0" 22.0" 10.5" 10.0" 5.0" 2.54 1 Consult factory for other wattages and Pulse Start availability 1 consult factory for other finishes. 3 I.PA based on Rr tilt. For other EPA values, consult factory. Q V.)'. V6 A HUBBELL LIGH7NG, INC. COMPANY AarFnrmrsn,n noc;crnPi4 1 iahtirra Pmducts TT -4,1 TT-4AX (90') TT -WV ' TT - I A not required with tenon top pole. Use only for retrofit (specify 4' at S pole). ww•w.securi tylightingsystems. com MOUNTING BRACKET R13 Dark bronze ORDERING INFORMATION AID Almond WH White BIK Black _ OtIA* Platinum PI. Li • TT -2A TT -3A _MT Multi -Tap ballast (120, 208. 240, 277V) 413 480 volt 1 Consult factory for other wattages and Pulse Start availability 1 consult factory for other finishes. 3 I.PA based on Rr tilt. For other EPA values, consult factory. Q V.)'. V6 A HUBBELL LIGH7NG, INC. COMPANY AarFnrmrsn,n noc;crnPi4 1 iahtirra Pmducts TT -4,1 TT-4AX (90') TT -WV ' TT - I A not required with tenon top pole. Use only for retrofit (specify 4' at S pole). ww•w.securi tylightingsystems. com Jul. 3. 2007 8 : 54AM No . '1786 P- 11 r' ', CITY HALL 31 FAST IDAHO AVENUF MERIDIAN, ID. 83642 (208) SSS -4,1133 S "'In"LEPK-FAX 998-42,q 887,4,q13 FORM PW 100 C.1—y OF NT A Y or,. Tammy de Weerd (SATE: -.�5 G 0-1 Q'1y Cou-'qcil- MEMBERS Keith.Nrd �14jqqh W, Barton The following address has been verified by The City of Meridian Public Churle3 M. Ruuntrea David Zaremba Works bepartment as valid for the project listed below. CJTY City Attomey/HR 703 S. Main Street Project Name,;Acponcild.'Isl 'T-elstOLti-On�(- 899-5506 (Cily Aliarmy) 898-5503 (HR) Fax 884V23�2A Address; -?-I r1 �-o n e. Fire 540 2, PraftWin Road m-12:4 ,lax 895-0390 J'arks Ar RprreationZip 1I W. Ha.wer Street Cod'e�. C d4 688-3579 /fax ASS -5501 Planning Lot/ 8-lock/S.,'ubdivision. 660 E. Wotertower Street Suiia= Notes, BW5533 /fax 888- 6854 PkIlice 14DI E,,Wa[crtuwerS1ruvt 888-6678 it fax 846-7366 EACH SET QF'PLAN5 WILL BE REqUIREI) TO CLEARLY REFLECT Public Works THE CORRECT AONESS AND SUITE -NUMBER (IF APPLICABLE), 660 F. Wgtertower Street Suite 20ti 898-55001 Fax 995:9,951 Building Tricia Shindle' 660 r— Watertawer Street Suite 150 M7-22,11 I fax 887-1297 bepartment Specialist Public Works Sower (WW7P) X01 h. Te �i Mi J a Rozi d 898=55-00 Ext. 209 998-2191 i fcu 884-0744 sh'indlet@maridiancity.org Water 2235 V. TV. 8th Street 988-5524-1 /1 fax 884-1159 CITY HALL 31 FAST IDAHO AVENUF MERIDIAN, ID. 83642 (208) SSS -4,1133 S "'In"LEPK-FAX 998-42,q 887,4,q13 AO N11t. �rornrwv�`ad�o si.�w� July 30, 2007 To: Clint Cameron / McDonalds USA LLC. 12131 113th Ave. NE Ste. #103 Kirkland, WA 98034 Subject: MCZC-07-118 McDonalds 3415 W. Cherry Ln. John S. Franden, President Rebecca W. Arnold, Vice President Sherry R. Huber, Commissioner Dave Bivens, Commissioner Carol A. McKee, Commissioner RECEIW AUG 0 2, 2007 City of Meridian City Clerk Office In response to your request for comment, the Ada County Highway District (ACHD) Planning Review staff has reviewed the submitted application and site plan for the item referenced above. ACHD staff has determined that there are no new site specific requirements at this time due to the fact that all street improvements exist. Applicant has proposed to relocate the existing driveway on Cherry lane to approximately 45 -feet from the west property line. The re -location of the driveway on Cherry Lane is approved with this application. Prior to final approval you will need to submit construction plans to the ACHD Development Review Department to insure compliance with the conditions identified above or for traffic impact fee assessment. This is a separate review process that requires direct plans submittal to the Development Review staff at the Highway District. A traffic impact fee will need to be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning & Development Services at 387-6170 for information regarding impact fees. Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc), a permit or license agreement must be obtained firom-WCH6- If you have any questions, please feel free to contact me at (208) 387-6177. Sincerely, Chelsee Kucera Right -of -Way and Development Services CC: Project file City of Meridian Baumgart Construction Inc. Brent Dixon 800 W. Amity Rd. 23675 SW Robson Boise, ID 83705 Sherwood, OR 97140 Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us \ SAWCUI a REMOVE & lME ,E PEIIOIE a \ ABf IN NEAT BPoSE OF - I -1. E]OBBIING CURB. CURFIi a 9OEMAl1( WEST CHERRY LANE OMJTERATE a D OF N SY. OF E116T,NB ABPNKT \ R 20.0' - `R 10.0' ALL bIN191f CtJI®INO ` � 1 D< E210,INB PABRBAD TM \ PAWRG , �, R �.d UOBRNC FENCE lF. 1. J' ABPNLLT CONCRETE PAVFMQlT SMAIA BE PUNT MIX PAVEMENT CURB RI 2 (1/2' NOMMM. MAONN ME) OE9DNEp IND PVLED IN ACCO—ICE M,TN E 5xG OF 1)LL 2 ABFNILT ®NOW SIINL BE PoBe1e M ILCOROWCE WITH BlP . U7. 1 PAVEMENT SMALL BE PIACED M TWO MFIB. �I N L y 6. OF 3/4' MMU$ QUMO 4AAVEL z F' BAg [OU16E AT 9e1[ MUIPIUM COYPACIpN PW AABHIO T -OB \ .' e.e IS Q'r .' •b�. 7, . 4 -.: dam Rsss 6� Nc •� e STRAIGHT CURB DETAIL 2 • 12' OF SRNCRIRAL 51RBA4 R 2.d.. ///y IINWC WI,EWALJ bJ5708 / R O ZyU Q R TYPICAL PARKING LOT SECTION t 2BJ1' A (n 1, \• ` 777 X66¢ 25.0 ��2DJV TO L. j/,,// = ' 2rt a REMorE. \ \ Z BiSTI11 .FOD,RMe PNm /W OQRfAB1E. . 2Cl" p'. Q o o zo' 40' so' \\\ R s5.N' .. g DETAIL 3 /// p (n z m S C A L E R, 27ZOI 0. V) sDawx�s; _j .� to O- 1. PMRIAND CEMEM CONCRETE SMALL BE 1000 P51 WIIN 3/1' MANNUM .25d 2Dd -, 20.0'+4 11 Z ¢ O W 2.cl BUTNOTIION .pMfO SMALL BE SP/CED THE WE ONWBION AB 1NE WIOiN BUT MOf 10 IXOEED B' FIDI WAY. LONATUOLH JOPAS I BE CONBTRUCIW BY SAMNO OR BCORING. A TOOL SHALL BEMUSW WNICH U U).. 'SFE NAOfFLRMII •:` WAL IFAVE CMMWB fl0DET— MIO DESTROY I.OIIEGTE INIEBE A FOR THE SPEOF OEPNL CONIfW11 JO- BHALL BE A MINIMUM W T TTITU i OF 1/I OF ME TOTAL OEPN M 111E CONCRETE \�\ � EB- BHAl1 BE SPA[fD AT 1/2'PRE TWICE lHE WIDTH IND AS NT TI OH PUNB IND pETARS. PUCE 1/2' PRETOWJm BINMINMIB JOINTS AT THE �� 1. NC FDBEB AMO JOIHTB SHLLL BE BOUNDED TRM AN EDGING TOOL OF A R ASS -CR Ow) mxtRETE & ORAOE .WGNMENf AND FgiMS SIOLA BE MBPECIED BY OIE EHCINEW PflIUR TO PouRm' I 6• w� i i. SHEET 'LpOF D O..V X. cu it I 1. J' ABPNLLT CONCRETE PAVFMQlT SMAIA BE PUNT MIX PAVEMENT CURB RI (1/2' NOMMM. MAONN ME) OE9DNEp IND PVLED IN ACCO—ICE M,TN E 5xG OF 1)LL 2 ABFNILT ®NOW SIINL BE PoBe1e M ILCOROWCE WITH BlP . U7. 1 PAVEMENT SMALL BE PIACED M TWO MFIB. �I I PAVENENf PAVEMENT 0' ASRMLT CON[,ETECOD y 6. OF 3/4' MMU$ QUMO 4AAVEL z F' BAg [OU16E AT 9e1[ MUIPIUM COYPACIpN PW AABHIO T -OB �, OEsroxeO rn a at 6� Nc •� e STRAIGHT CURB DETAIL 2 • 12' OF SRNCRIRAL 51RBA4 z ///y IINWC WI,EWALJ NOT TO BCAIE 2 ZyU Q R TYPICAL PARKING LOT SECTION t A (n NOf ro SCNE 2 X66¢ ZU �[si OF 1)LL � B I PAVENENf 1 � 1 L T J/a• M8610 CRUBIffD OEsroxeO A' ! O6POBE dF 1 DMv0. MSE COl➢5E.7— at 6� Nc e STRAIGHT CURB DETAIL 2 NOT TO BCAIE 2 I A 4) VM CONCRETE O 2S = 2rt a REMorE. Z � Z . 2Cl" cflusNED aNVEI DASE CWRBE AT B]S MINIMUM cow-TIONSIDEWALK Q o w g DETAIL 3 ¢a - NOTro scx>: 2 (n z V) sDawx�s; _j .� to O- 1. PMRIAND CEMEM CONCRETE SMALL BE 1000 P51 WIIN 3/1' MANNUM Q ¢ 1) —BATE ANO A 28-1- SRIENOi OF 1000 PBI. 5% 2 IB NR CONTEIli itWITH A MA2NUl1 SUUW OF A•. Z ¢ O W 2.cl BUTNOTIION .pMfO SMALL BE SP/CED THE WE ONWBION AB 1NE WIOiN BUT MOf 10 IXOEED B' FIDI WAY. LONATUOLH JOPAS I BE CONBTRUCIW BY SAMNO OR BCORING. A TOOL SHALL BEMUSW WNICH U U).. WAL IFAVE CMMWB fl0DET— MIO DESTROY I.OIIEGTE INIEBE A FOR THE SPEOF OEPNL CONIfW11 JO- BHALL BE A MINIMUM W T TTITU i OF 1/I OF ME TOTAL OEPN M 111E CONCRETE 'I ]. EItPAHB1BN UBMO ,/2' PP60RIIED BINMINOIIS JOMT MATERUL EB- BHAl1 BE SPA[fD AT 1/2'PRE TWICE lHE WIDTH IND AS NT TI OH PUNB IND pETARS. PUCE 1/2' PRETOWJm BINMINMIB JOINTS AT THE 1WNNOUS PONI15 FOR CURVES AND WHERE BIDWALN 5 PVLEO BEINEEH �I 1VA] PWWNEM FOUNOA1pIK ANO NDNB INE BILI( OF WMR ME NLL LENCOL 1. NC FDBEB AMO JOIHTB SHLLL BE BOUNDED TRM AN EDGING TOOL OF A YMNUM 1/A' PAONS. SURFALE SHLLL BE BROOM TINLSHW. & ORAOE .WGNMENf AND FgiMS SIOLA BE MBPECIED BY OIE EHCINEW PflIUR TO PouRm' I SHEET 'LpOF D t / W0 4 / U262 % RE: McDonald's Restaurant/Cherry Lane & Eight Mile Lateral Dear Jonathan. Nampa & Meridian Irrigation District has received and reviewed plans for the above-mentioned proposed project. Storm water is being retained onsite this is acceptable to the District. Fax received today shows that the curb cut to the Eight Mile Lateral has been removed. Please submit revised plans (2 sets) showing the removal of the curb cuts. You will also need to contact the District's attorney, Bryce Farris at 342-4591 and ask that he prepare a License Agreement for encroachment. Once this agreement has been signed and returned it will be presented to the District's Board of Directors for their consideration at the next available board meeting. This agreement must be signed and approved before any construction is started. If you have any further questions, please feel free to give me a call. Sincerely, Bill Henson Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg C: Bryce Farris; attorney City of Meridian; Principle Planner Water Superintendent Rider 4 File - Office/Shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 23 May 2007 C E'"32 Jonathan Netzloff RE Phones: Area Code 208 Thomas, Dean & Hoskins JUN 0 4 2007 OFFICE: Nampa 466-7861 2517 17`h St., Suite B SHOP: Nampa 466-0663 Lewiston, ID 83501-6311 City Of Meridian City Clerk Office RE: McDonald's Restaurant/Cherry Lane & Eight Mile Lateral Dear Jonathan. Nampa & Meridian Irrigation District has received and reviewed plans for the above-mentioned proposed project. Storm water is being retained onsite this is acceptable to the District. Fax received today shows that the curb cut to the Eight Mile Lateral has been removed. Please submit revised plans (2 sets) showing the removal of the curb cuts. You will also need to contact the District's attorney, Bryce Farris at 342-4591 and ask that he prepare a License Agreement for encroachment. Once this agreement has been signed and returned it will be presented to the District's Board of Directors for their consideration at the next available board meeting. This agreement must be signed and approved before any construction is started. If you have any further questions, please feel free to give me a call. Sincerely, Bill Henson Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg C: Bryce Farris; attorney City of Meridian; Principle Planner Water Superintendent Rider 4 File - Office/Shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 3M Buildin( J Commercial 3M Center Services Division St. Paul, MN 55144-1000 651 733 1110 October 3, 2007 Rick Petersen VW McDonald's Corporation 12131 113"' Ave. N. E. Kirkland, WA. 98034 Dear Rick, With the concern over environmental noise today, many communities restrict the audio level of drive-thru intercom systems and usually the level is specified to be below some number at the property line. Audio levels are measured in terms of "Sound Pressure Level" with the unit of change being the "Decibel." For example, the city of Chicago requires that sound levels not exceed 62 decibels SPL (sound pressure level) in an industrial area. Taking this into consideration, 3M pre -adjusts the intercom systems which they manufacture to assure compliance. The 3M C960 and C 1060 Intercom Systems are preadjusted at the factory to produce an audio sound pressure level of 70 decibels (*) at a distance of 4 feet on axis to the center of the speaker. It must be remembered that sound diminishes at the rate of 6 decibels every time the distance from the sound source is doubled. So, at a distance of 8 feet, the level is 64 decibels, at 16 feet it is 58 decibels and so on. Please be aware that our systems, like ALL drive-thru intercom systems, have an adjustable output and, if the need arises, an installer can change the levels to accommodate an area with high background noise, such as near a major highway. To give you a reference of comparative audio levels, I have attached a list of typical sound levels for your use. If you have any questions regarding this or any additional information, please don't hesitate to contact me at 651-736-4628. Thank you for your interest in our products, Best regards, Steven T. Awiszus Intercom Product Development Specialist 3M Building Commercial Services Division (* These level measurements assume the use of recommended 3M components.) Table of Sound Levels and Corresponding Sound Pressure and Sound Intensity To get a feel for decibels, look at the table below which gives values for the sound pressure levels of common sounds in our environment. Also shown are the corresponding sound pressures and sound intensities. From these you can see that the decibel scale gives numbers in a much more manageable range. Chart of sound levels'L and corresponding' sound pressure and sound intensity - Sound Sound Sound Pressure Intensity Pressure p I Level Exam les dBSPL Nlm'=Pa wattslm2 Jet aircraft, 50 m awa 200 100 Threshold of ain 63.2 10 Threshold of discomfort 20 1 1 Chainsaw lm distance 110 ". 6.3 0.1 Disco, 1 m from speaker 100 ` 2 0.01 Diesel truck, 10 m away 90 `. 0.63 0.001 Curbside of busy road, 5 m 60 - 0.2 0.0001 Vacuum cleaner, distance 1 m 70 -". 0.063 1 0.00001 Conversational s eech,lm 60 0.02 0.000001 Average home 50. 0.0063 1E-07 Quiet libra -:..,: 40...'-.'. 0.002 1 E-08 Quiet bedroom at ni hl 0.00063 1E-09 Background in TV studio 0.0002 1 E-10 Rustling leaf 0.000063 1 E-11 Threshold of hearin 0.00002 1 1E-12 A given sound pressure level Lp in dBSPL without the distance of the measurement to the specific sound source is useless. The reference for 0 dBSPL sound pressure level is p = 20 pPa = 2 - 10-' pascal, the threshold of hearing. The sound pressure level decreases in the free field with 6dB per distance doubling. That is the 11r law. Often it is argued the sound pressure would decrease after the 1/r2 law (inverse square law). ThaYs wrong. The sound pressure in a free feld is inversely proportional to the distance from the mic to the source. p — 11r. Distance From Menu Post 3M Intercom SPL (dB) 41 70 8' 64:' 16' 58 ' 32' 52 64' 46 128' 40 256' 34 512' 28 - 1024' 22 2048' 16 4096 10 8192' 4 Note: 20 dB is the threshold ofhearing. This occurs at approximately 1,250 feet from the speaker post. Table of Sound Levels and corresponding Sound Pressure and Sound Intensity- Units and Values To get a feeling for decibels, look at the table below which gives values for the sound pressure levels of common sounds in our environment. Also shown are the corresponding sound pressures and sound intensities. From these you can see that the decibel scale gives numbers in a much more manageable range. Sound pressure levels are measured without weighting filters. The values are averaged and can differ ±10 dB. Table of sound levels L and corresponding sound pressure and soundintensity Sound Pressure Sound Pressure Sound Intensity Exam les p Level Lp NJ= Pa I W/m2 dBSPL Jet aircraft, 50 m away 200 1100 IThreshold of pain 63.2 10 Threshold of discomfort 20 1 ------- Chainsaw, 1m distance --..-------- --- ----- 6.30.1 --------------------- ;Disco, 1 m from speaker EMS 2 TO.01 - - --- - ;Diesel truck, 10 m away 00 63 .001 Kerbside of busy road, 5 m I 80 10.2 0.0001 Vacuum cleaner, distance 1 70 0.063 0.00001 l iC v_ersational speech, 1 m , '_ , 60 0.02 0.000001 Average home 0.0063_ _ 0.0000001 ;Quiet libra 0.002 0.00000001 ;Quiet bedroom at night 0.00063 0.000000001 Background in TV studio I 0.0002 0.0000000001 (Rustling leaf 0.000063 0.00000000001 Threshold of hearing llllllllllllllllllllllllllllllj0.00002 10.000000000001 A given sound pressure level Lp in dBSPL without the measurement of the distance to the specific sound source is useless. The reference sound for 0 dBSPL pressure is po = 20 pPa = 2 x 10-5 Pa, the threshold of hearing. (The reference sound intensity is to = 10-12 W/m2.) These values are not given as dBA, but as dBSPL, that means without any weighting filter. Lp = 20 loglo( P` J in dB = Lf = 10 login in dB :)- // I 110 Differentiate between sound pressure p as a "sound field value" and sound intensity I as a "sound energy value". I= p2 The sound pressure level decreases in the free field with 6 dB per distance doubling. That is the 1/r law. Often it is argued the sound pressure would decrease after the 1/r� law (inverse square law). That's wrong. The sound pressure in a free field is inversely proportional to the distance from the microphone to the source. p - 1/r. Relation of sound intensity, sound pressure and distance law: I r2 1 p - From this follows r Note: The often used term "intensity of sound pressure" is not correct. Use "magnitude", "strength", "amplitude", or "level' instead. "Sound intensity" is sound power per unit area, while "pressure" is a measure of force per unit area. Intensity is not equivalent to pressure. dB scale for field values, like volts and sound pressures ratio The sound pressure is the force F in newtons N of a sound on a surface area A in m2 perpendicular to the direction of the sound. The SI -unit for the sound pressure p is N/m2 = Pa. p - 11r. --- -- -- ---- - --- --- - - -..-- (Note: There is no conversion formula from dBA to dBSPL or vice versa. ..-_-.. How loud is dangerous? ---------------------- dBAF Heavy weapons, c. 10 m behind the weapon (maximum level) dBAToy pistol fired close to ear (maximum level) f 170 Slap on the ear, fire cracker explodes on shoulder, small arms dBA at a distance of c. 50 cm (all maximum level) 160 Hammer stroke on brass tubing or steel plate from 1 m distance, dBA airbag deployment very close (30 cm - all maximum level) dBA'[Hammer stroke in a smithy at 5 m distance (maximum level) dBALoud hand clapping at 1 m distance (maximum level) dBAWhistle at 1 m distance, test run of a jet at 15 m distance [ Threshold of pain, above this fast -acting hearing damage in short action is possible dBATake -off sound of planes at 10 m distance 110 Siren at 10 m distance, frequent sound level in discotheques and close dBA to loudspeakers at rock concerts, violin close to the ear of an orchestra musicians (maximum level) 105 Chain saw at 1 m distance, banging car door at 1 m distance (max. level), dBA racing car at 40 m distance, possible level with music head phones dBAFrequent level with music via head phones, jack hammer at 10 m distance 95 dBALoud cr m `^ y' g, hand circular saw at 1 m distance 90 dBA' Angle grinder outside at 1 m distance Over a duration of 40 hours a week hearing damage is possible 85 -stroke chain -saw at 10 m distance, loud WC flush at 1 m distance [80 dBA Very loud traffic noise of passing lorries at 7.5 m distance, high traffic on an expressway at 25 m distance [75 dBA lPassing car at 7.5 m distance, un -silenced wood shredder at 10 m distance 70 dBA Level close to a main road by day, quiet hair dryer at 1 m distance to ear F65 dBA[Bad risk of heart circulation disease at constant impact 160 dBA[Noisy lawn mower at 10 m distance 55 dBA JLow volume of radio or TV at 1 m distance 1 m, noisy vacuum cleaner at 10 m distance 150 dBA Refrigerator at 1 m distance, bird twitter outside at 15 m distance 45 dBA Noise of normal living; talking, or radio in the background 40 dBA Distraction when learning or concentration possible FM dBAIVery ---- -- - - - - - - - - _ ....— quiet room fan at low speed at 1 m distance 25 dBA Sound of breathing at 1 m distance _ 0 dBA Auditory threshold mma Page 1 of 4 Bill Parsons From: Steve Caldwell [secaldwell@gmail.comj Sent: Tuesday, September 11, 2007 1:46 PM To: Anna Canning Cc: Peggy Gardner; Bill Parsons; Robert Simison Subject: Re: Urgent request to speak with Mayor Tammy de Weerd Hi Anna, Thanks for your prompt reply. Bill was very helpful yesterday, I appreciated his assistance. I would like to meet in your office to review the plans, and other items I mentioned. This is improtant enough to me that I can clear my calendar to meet your availability. Let me know the time. Steve E Caldwell On 9/11/07, Anna Canning <cannina meridiancity.org> wrote: Mr. Caldwell, You spoke with Bill Parsons in the Planning Department yesterday. I have asked Bill to prepare a response to your questions. As soon as Bill has the information, he and l can call you to discuss your concerns. If you prefer to come into the office, we can meet tomorrow afternoon. Please let me know your preference. You can call me or Bill at 884-5533. Sincerely, Anna Canning City of Meridian Planning Director From: Steve Caldwell [mailto: secaldwellCa@gmail.coml Sent: Tuesday, September 11, 2007 12:48 PM To: Peggy Gardner Cc: Anna Canning; Elroy Huff; Robert Simison Subject: Re: Urgent request to speak with Mayor Tammy de Weerd Hi Peggy, 9/11/2007 Page 2 of 4 Thank you for your reply. I appreciate your attention to this issue. While the wheels of government may run a bit slowly, once given government approval the wheels of commerce move rapidly. The trees are gone, the heavy equipment is on site and I expect my new neighbor, McDonalds, will be in residence in a few short weeks. I have picked up the landscape plans from the planning .office and will be reviewing them with the experts at the botanical garden meeting tonight to get their professional opinion. My initial review of the plans indicate nothing that will mitigate the sound (business generated and customer generated), odor or visual problems that will be present when you situate a fast food establishment with a drive through service immediately adjacent to a low density residential area. I'm available at any time to meet with city officials who can, 1. explain why a permit was issue for this type of establishment on this location 2, go over the detailed site plans with me to point out the remedial work the city required to protect the adjacent residential neighborhood 3. who has the authority to seek additional remediation as needed to protect the adjacent neighborhood I should state that I am on the HOA board for Rod's Parkside Creek, the adjacent sub -development. My particular responsibilities on the board are the Common Areas of the sub -development so my interest in this issue isn't just personal it's also for the entire affected neighborhood. I would appreciate a prompt reply, Steve E Caldwell On 9/11/07, Peggy Gardner < a�rdnerp%-meridiancity.org> wrote: Mr. Caldwell, After I received your message, I contacted our planning office to gather information in order to make an "informed" return call. When I received a brief message from that office, they told me you had already been to their office. I asked for further information and as of this morning I have not received it. Mayor De Weerd is attending the FEMA Training and Conference this week and will not be in the office. This does not mean that she will not be made aware of your request for an appointment. However, she too, would ask that the Planning Director, Anna Canning, have an opportunity to discuss your concerns. I also have contacted the City's Arborist: When there are viable trees on a property there are additional requirements for landscaping. I also asked him to give me an update from that perspective. It was my intent to contact you this morning. I am sorry if you felt you were being ignored. I will forward this message so not only the Mayor is informed, but also others who have been involved in the process can be made aware of your concerns. 9/11/2007 i I will follow with a phone call later today. PEGGY Administrative Secretary to Mayor Tammy de Weerd City of Meridian Phone 884-2468 ext. 204 From: Steve E Caldwell [mailto: secaldwell@amail.coml Sent: Tuesday, September 11, 2007 4:47 AM To: Peggy Gardner Cc: secaldwell@gmail.com; STEVE CALDWELL (W) Subject: Urgent request to speak with Mayor Tammy de Weerd Importance: High To the attention of Mayor Tammy de Weerd; Page 3 of 4 I placed a call to your office yesterday 09/10/07 and left a message requesting information on how to set up an appointment to speak with you. My call was not returned. I suspect it's because I let on the topic I want to discuss, the construction of a McDonalds directly adjacent to my backyard. As a member of the Lunaria League (major fundraiser for the Idaho Botanical Society) I have a keen interest in the natural environment which is very evident in the work I've done on my own property. To my horror yesterday a group of large mature trees bordering my yard were cut down and to an even greater horror I've found that they will be replaced by the golden arches! The plans filed with the city show no significant remediation to buffer this development from the directly adjacent homes, how can this be? It so happens that the Lunaria League is holding our meeting at the Botanical Gardens this evening. This will be a topic of discussion. Before I go any further public (press) with this issue I respectfully request that you contact me today. Steve E Caldwell 9/11/2007 Page 4 of 4 3476 W. Fir Creek Ct. Meridian ID, 83642 secaldwell(ftmail.com (private)* steve.caldwellahpcom (business) 898-9089 (home) 861-4630 (cell)* *best methods to contact me 9/11/2007 Page 2 of 4 Thank you for your reply. I appreciate your attention to this issue. While the wheels of government may run a bit slowly, once given government approval the wheels of commerce move rapidly. The trees are gone, the heavy equipment is onsite and I expect my new neighbor, McDonalds, will be in residence in a few short weeks. I have picked up the landscape plans from the planning office and will be reviewing them with the experts at the botanical garden meeting tonight to get their professional opinion. My initial review of the plans indicate nothing that will mitigate the sound (business generated and customer generated), odor or visual problems that will be present when you situate a fast food establishment with a drive through service immediately adjacent to a low density residential area. I'm available at any time to meet with city officials who can, 1. explain why a permit was issue for this type of establishment on this location 2. go over the detailed site plans with me to point out the remedial work the city required to protect the adjacent residential neighborhood 3. who has the authority to seek additional remediation as needed to protect the adjacent neighborhood I should state that I am on the HOA board for Rod's Parkside Creek, the adjacent sub -development. My particular responsibilities on the board are the Common Areas of the sub -development so my interest in this issue isn't just personal it's also for the entire affected neighborhood. I would appreciate a prompt reply, Steve E Caldwell On 9/11/07, Peggy Gardner <_arg dnerp(cDmeridiancity.org> wrote: Mr. Caldwell, After I received your message, I contacted our planning office to gather information in order to make an "informed" return call. When I received a brief message from that office, they told me you had already been to their office. I asked for further information and as of this morning I have not received it. Mayor De Weerd is attending the FEMA Training and Conference this week and will not be in the office. This does not mean that she will not be made aware of your request for an appointment. However, she too, would ask that the Planning Director, Anna Canning, have an opportunity to discuss your concerns. I also have contacted the City's Arborist. When there are viable trees on a property there are additional requirements for landscaping. I also asked him to give me an update from that perspective. It was my intent to contact you this morning, I am sorry if you felt you were being ignored. I will forward this message so not only the Mayor is informed, but also others who have been involved in the process can be made aware of your concerns. 9/11/2007 Page 3 of 4 I will follow with a phone call later today. PEGGY Administrative Secretaryto Mayor Tammy de Weerd City of Meridian Phone 884-2468 ext 204 From: Steve E Caldwell [mailto: secaldwell(algmail.com] Sent: Tuesday, September 11, 2007 4:47 AM To: Peggy Gardner Ce: secaldwell(agmail.com; STEVE CALDWELL (W) Subject: Urgent request to speak with Mayor Tammy de Weerd Importance: High To the attention of Mayor Tammy de Weerd; I placed a call to your office yesterday 09/10/07 and left a message requesting information on how to set up an appointment to speak with you. My call was not returned. I suspect it's because I let on the topic I want to discuss, the construction of a McDonalds directly adjacent to my backyard. As a member of the Lunaria League (major fundraiser for the Idaho Botanical Society) I have a keen interest in the natural environment which is very evident in the work I've done on my own property. To my horror yesterday a group of large mature trees bordering my yard were cut down and to an even greater horror I've found that they will be replaced by the golden arches! The plans filed with the city show no significant remediation to buffer this development from the directly adjacent homes, how can this be? It so happens that the Lunaria League is holding our meeting at the Botanical Gardens this evening. This will be a topic of discussion. Before I go any further public (press) with this issue I respectfully request that you contact me today. Steve E Caldwell 9/11/2007 Page 4 of 4 3476 W. Fir Creek Ct. Meridian ID, 83642 secaldwell(ai7gmail.com (private)* steve.caldwell@..hp com (business) 898-9089 (home) 861-4630 (cell)* *best methods to contact me 9/11/2007 Memory TX Result Report ( Sep.28. 2007 2:17PM) x 2) 2) Date/Time: Sep.28, 2007 2:11PM File No. Mode Destination ------------------------------------- 8788 Memory TX 8884218 Pg (s) Result ----------------------------------- P. 3 OK -------------------------------------------------------------------------- Reason for error E.1) Hang up o line fail E.2) Busy E.3) No answerr E.4) No facsimile connection E.5) Exceeded max. E—mail size 5 +r< b � s L lqj e'(4XLC McDonakls 10 Mile Site vs Meridian Comm Plan B ReWUUM LM (MsDonaids Retains ift Location) OPENING OUESTIONS: p4 Wart to scrFINALrendering z7 p .1 City lights along Cherry lane Cl LANDSCAPING&FENCING PAtt &.t-�-�4d//nunf-{14i�,tG L 8'samilabsarbingvhrylfencing(ren) on housing property line (a couple ofhomcs want ability to pay fartheir own 8' side fence m match back for additional aound/site W every 6'% cat Wichitsh hmipem every 6' whore mrrerr0y shown on plan, 8'..i. b^ caliper Yanderwelfpince, where ALL @0W1 1�,9J],�, i glen��s age tan 4'rapM ,�sy;6 $1,000 tree allowance perhameowner 0 t7W'i'e'�evClopei BileW(�fe`'de�emiInc homes, level. perselcclpmvidcr) 5h—W N :.a.r.-�aw�wd a", "' : in8-Geaylane��ugnaA.Re•>/.aFaMa. ey. 6. Remove grass & picnic table inresr site location, only rock orplants etc under Imes. dl n,1brt 7. Allow planting of bees orvegemtion on canal side of (nointerferenceofservicetoed) Park Side Cmek,homw"m Aasoc.tomaint in (ry appnoraLe6 NMlDl rmumi�r�ru y�y TRAFFIC& LIGHTING CONTROL ISSUES �i�v�dram(i'fk wrr.W mnrdla" Ic1Ya- U. Speed bumps an Pmk side creek, Lauderhill, Oalr/f�hu Zkeek &Albertson's front drive eK 2. inel-lets a`bo NOT block cross waValge on main exit firm McDonalds to Cherry lam doe,Y u "Id llw�h4v N, 1. FilihaysmifferafGhmy .. 04. 4. Right & LeR tum only lanes as well as reliance lane at Cherry to minimize congestion s,dn Curbing atlauderhill to prevent left mm exit Oka" P-de+)ItQA&WW °"`" 6 Adjust10mile/Cherry traffic light to allow longer lali tomgoan arrowatpeakluachf dinnwhmes T 7tesldy ,d�c fSC 7. Petmenentdigiml speed sign on Peek Cmakjuat beforeOak Creek pw"a anhsuydpar a1 11 Lightedpavemosts,ile.trear-byerosswalks parluscet n ar are....er_ -(inifspassagefierlsilificar-&-fareflike) ofanem)L urdik/s k tsc ag Lomcoxare<c n(e 1. 7:OIA14m 10:00PM hours ofo erasion rd y:a p (good neighbor impoAancc) lata Movegmbage la Albertson'3 Side well wrL iM1�r4kiu.rxmduynvpr�a^p 3. A¢harrdlees minhniu odors aUl J,Ig alnmta.c'yrAxxx s la�W 4 Lower speaker volume A.rcml+nrd iclnrbyq <tarp�wnl:u:npr.rtN. d.+. pahreN (xlrAsi Sms Met VFmyn) Prepared by: Marianna Christman & Steve Caldwell, September 25th, 2007 P. 1 Page Not Sent P. 1 Memory TX Result Report ( Sep,28. 2007 2:16PM t g 2) Dafe/Time: Sep.28. 2007 2:10PM File No. Mode Destination ---------------------------------------------------------- 8787 Memory TX 8884218 ---------------- Reason for error Page Pg(s) Result Not Sent ------------------------------------ P. 3 OK E.1] Hang vo or line fail E.2) Busy E.3) No answer E.4) No facsimile connection E.5) Exceeded max. E—mail size 4WJ pNCVPaMGS (YS /q& I w at &I Wj- d 1 McDmft 10 We Stie vs Meridian Community Pian B Resolution List WcDorralds Retains itts LOWSM) OPENING OUESTIONS: %LG Want to sonFINALrandaring aYl City lights along Cherry lana 1. 8'sound absorbing vinyl fencing (ten) onhoovngpmperty line( a couple of homes want ability m pay for their own 8'side fence to match back for additional soundlsio araida , Bit- 3. 6'r& = Wieldmh dusipare every 6' when: currently shown onplan, 8'x min. 6 calipetVandecwolfpineawhuaALLQQ���ae t, ,,,Q$�e,, ca ag1 (,'r ON$1,OOOtreeallowannaperbomeotvnalmlLet'sOtmee�dev lop to e[di'mf e er m ve homes, developer sokapmvider) 5"es N raid--r-mryr••.:•••u rs�••yr�_�LMA,vinaAzahxlxl 1W 6. Remove grass&picnic table in rear site location, only rmkor plants one under treas. s 7. Allow plevting ofheea mvegetalionoa creel aide of (m inmd'eeoce afaervice row PerkSide Creek, bomeowoda Aseoc.bmeiumin ilvaaatera(/l NMID/.mK.dlua Judy Beet. Or r.ar.nauvt. IA l a S-bCeeeF'its w,trcw.WaWmr tsl�.r- 1. Speed bumps on Park side orWy Lauderhill,0 ek&Albenaon's hint drive BR 2.Pa - .'y`Do NOT block onomwaWaigaoanraw emtfrom MCDonaldsto Cherrylma. dorm "ja f4 ,az 'atSgy.]9aµiagala� 6a 4. Right& Left tum only lanes as wall as entnneelave at Chevy to minimim congestion �5 Curbing stLaudubill toprevem left tum writ(zh" peau♦) rtsmr lKdif 6 Adjust l0milerChary traffic light to allow loagarleft tum green arrow stpeak lundd dinnerhmas in�paSky Gw��((,,rr ;se 7. Pormenem digital speed sign on Park Creekjust before Oak Credc {brhNeanbeuaipa y Lightedpavereemshipsatnes-bycrasswalka PerWraat * ]. 7:OOAMm1O:0oPMhamaofapemHon(goodoeighbmimpoa,=)'"5'o'"" 1M16 Move garbegetoAlherrson'S aide win sr.a wlsma„„mr...rrr.m eaapre.p end A+.mu,. 3. Art handlers m minimize odors m Wy alae". sp16 Lower speaker volrwo hwe myrard lCJindyi etarp.m.,.i:wreprrwde d.A. etUdtp "Via Smn Gua NxntF� Prepared by : Maricam Christau a & Steve Caldwell, September25or, 20(17 iliP.%Wdes "frdf: Rnk 2 Me,O .a/ 6S L lgs C1 F41 � f7 A,r, sa n - larL McDonalds 10 Mile Site vs Meridian Community Plan B Resolution List (McDonalds Retains it's Location) OPENING QUESTIONS: Want to see FINAL rendering l City lights along Cherry lane / LANDSCAPING & FENCING �Gl� �i1 c /���✓JGP� sound absorbing vinyl fencing (tan) on housing property line ( a couple of homes want ability to pay for their own 8' side fence to match back for additional sound/site 3. 6"x 6'r 60-f er Wichitah Junipers every 6' where currently shown on plan, 8'x min. 6" caliper Vanderwolf pines where ALL ee@ w�.re shown o enisting lands Na a Vann (( w V S Hi a7 W pp ,53;b . $1,000 tree allowance per homeowner lolthat meets developer site e-�e`fermme homes, developer select provider) 5 ho,-ne,5 PM, 1) 916 No mafVee sign on neighbo rl eirlP only farinn ('loamy l ane, Lao `f'r'i3 It S,4r-Z&"U, fi' br ?n3 Etc. 6. Remove grass & picnic table in rear site location, only rock or plants etc under trees. OWL urghh�s 7. Allow planting of trees or vegetation on canal side of (no interference of service road) Park Side Creek, homeowners Assoc. to maintain 41�f aplvo-i d o JVMI fil anew kaA TRAFFIC & LIGHTING CONTROL ISSUES ("� y to tae i� i warre�+ed we, ld he g] Speed bumps on Park side creek, Lauderhill, Oak/Elm Creek & Albertson's front drive Bl 2. i'o' .*Do NOT block cross walk" sign on main exit from McDonalds to Cherry lane. d-wo+ cnad vIn 60bm'1-03h"1 /SIO3, Fish eye miffor- a4 Choffy to assist ears 4ewAftgsitc�-- OVL 4. Right & Left turn only lanes as well as entrance lane at Cherry to minimize congestion add h' 5. Curbing at Lauderhill to prevent left turn exit (341" poe&6) reserreh W&J:5 Adjust l Omile/Cherry traffic light to allow longer left turn green arrow at peak lunch/ dinner hours rTR PAr �o+ Tf5C 7. Permanent digital speed sign on Park Creek just before Oak Creek pdr4able-0e6iedc r�"�^'�&,�� 8. Lighted pavement strips at near -by cross walks WW" pax Vom&e� µ11W 1V11V VV111r,' R1Vllb' ' • ' pv�enoulh wi w, , C4 e 1. ,1 4N4 ST f acing hDn1eown"S 12. no 10,ermq vein-v'hiii � i 4v r ISC ISSUES 016 1. 7:OOAM to 10:OOPM hours of operation (good neighbor importance) t16�6. Move garbage to Albertson's side will work- wlase 4, mimm,70— on dWr9n+prckkf -pr> and "ru. 3.Air handlers to minimize odors x11144V WI*U A.u1r. p16 4. Lower speaker volume h.ve rmprarkd lethnols9y e�arpm :wrn�+rortde d" Uel�.11o�A (rel&& -Po Sm. a *me, Jhrnyh) Prepared by: Marieann Christman & Steve Caldwell, September 25th, 2007 Ma,%1a1d":5 e-Agkd: /&i P, a! In Ha fll tat,: rmrd•o-be-z� MAMW 'TAI t'; "e ros-d,improve s .E co 1 T14$ LAND GROUP, INC. December 14, 2007 Mike Giacomino Baumgatt Construction 880 W. Amity RECEIVED DEC 14 2007 CITY OF MERIDIAN PLANNING & ZONING Boise, Idaho 83705 RF: . McDonalds at Cherry Lane and Ten Mile Certification of Compliance. Performeda site inspection on December 12, 2007 to verify the landscaping at the McDonalds on Cherry Lane and Ten Mile was installed per the landscape plan prepared by The Land Group Inc. Two Crimson Sentry Maple trees, specified at the trash enclosure, were not available due to the time of year and have been replaced with Pears as per conversation with the Landscape Architect and Contractor. Two Honey Locust trees have been added, one in each planter, at the front of the building have been added as per City of Meridianrequirements. There have been minor changes to shrub layout and locations as necessary to accommodate site utilities and signage. These changes do not compromise the plan and have not reduced the number of plants specified for the project. The landscaping is in compliance with the landscape plan prepared by The Land Group Inc., stamped and dated 10.08.07. Sincerely, M4 Mark Dooley, ASLA ProjectManager .S'r7r Pialumlo Ttwdr;rrpr Arrbdearoz • GLi1 F_jNhv nig • Ga4 Coarse Tm' atior. 6'r-lq2 eri4g • Graphic C:orrnrriif,gliau •.$rrrtytirg 46Z L. Shore Delve, Ste. 1110, Pride, h$dio Y3616 • P 208-9A4041 F 208.939.4445 • Avww.lhelaadgroupuu.com 0. �✓i/GG107 �JCiI� �-�'AS'�u U%7a/I �l9/ �nciGuz.r a 93o -S-;y o -' 101/0/o i ll ✓d r('�CrrG[rRn 1�17 eipm IT 641S j4445lnl774L- /�Sr•7`//C' G� /Z Io/7l o z�, 7 3 , 1,' 12 " f14" / >/ z�1 �ytj Y, -e of '4i/mss . [ /LC �i0%An(e O/7 Aos /seen Lei<IPAf� %% /2 ' Me/ 77e t�/�1 //o� off/ le'ZY- // /45 Wee,, �r<f uf/ 2eP ✓tii �on l: ' �yl//�'l g67i�G 'Q // ��r7 L�✓ y ✓' TY/-� G� Gl4eSl j�jvv +d �Li/ ✓k �u/� J7se //O/Ie rJ CII 111 XdI,7 2 4 �r0 3Po/n f OUf7 -lin J/ e-z"q q/J/ ��•fC� n � loo %4�+! /Le 75 j� qa/ed' <r•P Av/ zn� Dne L/.O ` %/a�. _- /7K. D//�A��S/h/�1� f Ct�,� 12e- crliJu� Lam/// nB�✓ 4,11 ' /7e 1, e " i TALKING POINTS FOR MEETING WITH MC DONALD'S NEIGHBORS Shops at Cherry Lane: City Council approved the CU/Planned Develop to allow two structures totaling 9,300 square feet and to allow associated drive thru facilities. The original application proposed two drive-thrus. The Council did not approve the drive-thru on the southern building that faced south and was immediately adjacent to the irrigation easement at the south of the property (i.e., it could not have been closer to the residents). They also depicted a 20' landscape buffer along Cherry Lane instead of the required 25'. This was later approved through alternative compliance. Landscaped areas included: the landscape buffer on Cherry Lane; end -of -aisle parking lot planters; the NMID irrigation easement; and very limited landscaping around each building. The property was already zoned C -N. There was a lot of discussion during the P&Z hearing about not having fast food uses in Building B. The developer did state that he had not received any interest from fast food uses and that he did not anticipate they would be appropriate. He also said that he would accept that as a condition of approval. There was also a lot of discussion about the fact that the property was already zoned for commercial uses. The discussion with regard to drive thru focused on the location of the facility not facing south or west (for noise) and on using trees to mitigate the impact of lights from cars shining into the second story of the adjoining residences. The City Council approved the applicant's request for two structures on the property and limited the site to a single drive thru—then associated with the northernmost building. The City Council did not place any restrictions on the uses allowed on the property. McDonald's CZC: I approved one structure (3,787 square feet) with a drive thru. The use of a restaurant is principally permitted in the C -N zone. The drive thru requires conditional use approval which I determined ws previously granted. The landscape buffer along Cherry Lane remained at 20 feet. (MAYOR, I thought this had increased, but it did not.) The site circulation plan was significantly better. In addition to the landscape areas in the original proposal, there are two large landscaped areas located adjoining the drive thru entrance and a smaller one along the drive aisle. There is also appears to be more landscaping adjoining the building. All landscape areas depict dense vegetation. In reviewing the application, I looked to the site specific conditions of approval. (I have attached a file listing all the conditions of approval for your reference.) My comments with regard to this project are in italics. The project layout shall remain in substantial compliance with the approved site plans. Parking is approved as depicted on the site plans. Minor modifications can be made, if necessary, during the CZC process as long as the overall parking ratios remain in conformance with the Meridian City Code. All surface parking shall conform to the minimum dimensions per ordinance of 9'x 19' with 25' wide drive aisles. To determine substantial compliance, I look to the UDC. The section actually comes from the final plat subdivision chapter, but I routinely use it to determine substantial compliance for concept plans and site plans as well.. Substantial Compliance: a. The director or designee shall review the final plat for substantial compliance with the approved or conditionally approved preliminary September 26, 2007 plat. The final plat shall be determined in substantial compliance with the preliminary plat, notwithstanding the following changes: This means if it passes these tests, I can determine it is in substantial compliance. (1) The number of buildable lots is the same or fewer; The site plan shows one fewer building lots, therefore it passes this test. (2) The amount of common open space is increased; More of the site is devoted to landscaping, therefore it passes this test. (3) The amount of open space is relocated with no reduction in the total amount; The landscaped areas were not relocated, therefore it passes this test (4) The number of open space lots has been increased; or The number of landscape islands has increased, therefore it passes this test. (5) The transportation authority has required minor changes. ACHD did not require changes, therefore it passes this test b. If the number of buildable lots has increased (This was not the case.) or there has been an overall reduction in the amount of open space (This was not the case.), the final plat shall be determined not to be in substantial compliance with the preliminary plat. If the director determines that there is substantial difference in the final plat than that which was approved as a preliminary plat or conditions that have not been met, the director may require that a new preliminary plat be submitted to the commission. Given that it passed all of these tests, I determined that the CZC substantially complied with the concept plan. 2. The applicant shall submit a written request for width reduction of the street buffer to the Planning Director, which demonstrates evidence of the hardship and proposes a specific alternative width prior to the City Council hearing for the application. This was done. 3. Prior to issuance of a Certificate of Zoning Compliance on this application, the applicant shall provide notarized consent of the adjacent property owners for this application and shall provide evidence of an agreement which allows off-site improvements to the parking facilities of Lots 1 and 2, Grocery Bag Subdivision. This was done. 4. Provide a recorded copy of the cross access agreement between the subject property and Lots 1 and 2, Grocery Bag Subdivision prior to issuance of a Certificate of Zoning Compliance. This was done. September 26, 2007 5. Prior to issuance of a Certificate of Zoning Compliance, the applicant shall work with the Nampa Meridian Irrigation District and City Staff regarding the existing trees within the NMID easement. The City's first preference is to work with NMID to identify healthy trees that could remain. The City's second preference is to plant new trees within the easement and require the applicant to construct a CMU wall. The City recognizes that the best negotiated outcome may be a combination of these scenarios. If no trees are preserved or no new trees are planted within the easement, the applicant shall construct a CMU wall adjoining the NMID easement. Because NMID required the applicant to tile the irrigation facility, the applicant was not able to preserve any of the existing trees. He contacted the City Arborist to determine how many caliper inches needed mitigation. The McDonald's site plan showed the required mitigation. Please note that this condition does not require staff to work with the neighbors on this issue as was stated by the Councilmember Shaun Wardle (the maker of the motion to approve the project). Instead Staff developed three options that all were discussed and generally accepted as appropriate during the hearing process. It met the intent of the motion in addressing the neighbors concerns. We have experienced problems when the Council directs us to work with neighbors and the applicant. As we know, they rarely agree. The public hearing is the place to make those decisions. So, we crafted the condition of approval based on the public testimony at the hearing. 6. The applicant shall remove the conifer located in the street buffer along Cherry Lane from the plan and replace it with a deciduous tree which complies with MCC 12-13-7-2 and 12-13-9, prior to issuance of a Certificate of Zoning Compliance. This was done. 7. Automated Teller Machines (ATM) or drive-throughs, shall be prohibited for Retail B (southernmost building) and acceptable for Retail A (northernmost building). This project went through at a time when City Council was particularly concerned with the density of drive thru facilities. (Remember the Carl's Jr. applications 1, 2, and 3?) As I noted previously, the concerns during the hearing seemed to be how many drive thrus could be supported on the site and the placement of such a facility. Although this structure was somewhere between Retail A and Retail B, 1 felt that the site plan met the intent of the Council approval as 1 remembered the discussion. 8. At this time there are no public sanitary sewer or water services to the subject site. The applicant needs to provide information to the Public Works Department detailing their proposal for providing services to the subject site. The applicant is now pulling sewer across the Albertson's parking lot. 9. The applicant shall implement lighting on the property which shall be down shielded and not cause glare, impact the traveling public, or adversely affect neighboring developments. Designs and specifications of said lighting shall be submitted to City Staff prior to issuance of a Certificate of Zoning Compliance. This was done. September 26, 2007 3 10. Prior to issuance of a Certificate of Zoning Compliance, the applicant shall submit evidence of an adequate turning radius from the drive-through exit north to Cherry Lane. If evidence of an acceptable radius cannot be provided, the applicant shall be required to reconfigure the drive-through to eliminate one lane of the drive-through and narrow the exit eastward through the use of curbing. This would move the drive-through exit further from the access to Cherry Lane, and facilitate the safe movement of traffic from the site. By relocating the building and the drive thru pick-up area, the applicant has significantly improved the turning radius for cars exiting the drive thru facility. In general, all circulation patterns are significantly improved. Questions Raised By Neighbors: 1. Hours of operation: the McDonald's representative told me the store hours were 5:30 or 6:00 a.m. to midnight. As I understand, these are similar hours to the Albertsons. 2. odor mitigation: the McDonald's representative said that there was a mechanical process associated with the hood vents that is designed to remove some of the odors. 3. Traffic impacts: The original ACHD staff report noted that the concept plan would generate 338 vehicle trips per day. I learned Thursday that a 3,787 square foot fast food restaurant with a drive thru is expected to generate 1,879 vehicle trips per day. I'll confess that I had no idea that the trip rates would be so disparate. I asked Gary Inselman if this disparity prompted ACHD staff to do any additional traffic studies when they approved the CZC. They said that they typically do not require anything when it is within an established commercial area. ACHD charges impact fees based on the CZC, not the concept plan. I also asked Gary if he was aware of any traffic studies that accounted for high school lunch time traffic. He was not. He did state that high schools are always a problem at lunch time. Gary is having his traffic guys look at the potential cut -through traffic that may arise from the McDonald's. I will let you know as soon as I hear from him. I'm guessing it will be sometime next week. This may answer the neighbor's questions about increased risk to the neighborhood. 4. Major vs. Minor change: we never used this language in our communication with the neighbors; it is their nomenclature. I contend that the site plan substantially complied with the original concept plan. 5. Entitlement (how to stop the train): Bill Nary believes we cannot revoke the building permit. They are vested at this time. 6. Video: Steve Caldwell sent a video over regarding the construction, but I was unable to view it. The developer stated in his e-mail that the sewer installation work is being done at night to have the least impact on the Albertson's customers. Meeting Minutes: The neighbors have pointed out three general things from the minutes: 1. They have highlighted the fact that the Council did not approve the findings that night. They don't understand that this is common and that they were approved two weeks later once the changes required by Council were incorporated into the findings. 2. Staff was directed to "allow flexibility to work with both the neighbors, the irrigation district, and the applicant." This statement was only in reference to tree mitigation. As I noted previously, we instead crafted a condition of approval that met all the concerns raised at the hearing. September 26, 2007 3. The developer stated that there would not be a McDonald's on the site. I think the developer addressed this best in his e-mail. At the time, he intended to have a bank at the site. Where to Go from Here: 1. In my conversation with the McDonald's representative, they seemed willing to: a. Replace the Bristol Cone Pines with Vanderwolf Pines. b. Remove the table from the picnic area and replace the sod with landscaping that won't invite folks to sit there. 2. In my conversation with the developer, he seemed willing to place an 8 -foot sound absorbing vinyl fence on the neighbors' property lines. a. He has indicated in e-mails that he is willing to work with the City and the neighbors. b. I am willing to process a variance request to accommodate the 8 -foot fence on residential property. We will need to have permission from all the adjoining properties to place this on their property. 3. Please note that McDonald's and the developer did not make firm commitments. No other site design proposals have yet been discussed. If the neighbors are willing to negotiate, Staff can work with the neighbors and the developer and lessee to get more firm commitments—particularly with regard to the sound absorbing fence. 4. Once construction is finished on the Albertson's property we could ask the developer to limit the hours of construction on their site. 5. Once we have information from ACHD on cut through traffic we can talk to the Traffic Safety Commission and ACHD about possible mitigation. Lessons Learned: 1. Neighborhood Meeting: At this point, I feel it would do little good for staff or the developer to be present. The neighbor's primary goal at this time is stop the McDonald's. When they are interested in sitting down to work out solutions to address their concerns, then a neighborhood meeting with staff and the developer in attendance may be appropriate. Sending me to the Selway Apartments neighborhood meeting was a nearly a disaster; I learned my lesson from that one. 2. Does this Ever Happen: Yes. In commercial developments, we rarely get CZC applications that are consistent with overall concept plans. We are always dealing with issues of substantial compliance. In residential, we will have one developer come in that promises quality construction and shows us great pictures, but then flips the property to someone with less appealing aspirations. 3. Concept Plans: As Staff, we have gotten much better at reviewing concept plans and recommending conditions that let Staff work with the developer to address neighbor concerns as stated in the hearing. We are careful not to require neighbor approval given that this takes the process out of the applicant's control. Which is to say, we don't create conditions of approval that the applicant can never meet. 4. Conditions: It occurs to me that an appropriate condition for this CU and possibly others would be: The proposed uses and building sizes on site may only change such that they generate no more than X% more average daily trips as noted on the ACHD staff report. That could have triggered me to call ACHD and to ultimately deny the CZC. September 26, 2007 PLANT SCHFDULF KEY I BOTANICAL NAME ICOMMONNAME I SIZE I NOTES DECIDUOUS SHADE TREES So9Ynda .7;7— ORNAMENTAL FLOWERING TREES - RfYMi CFAN/WNAM➢aLWOQ$ � L - NIO PyLWC i0WIF2YAINAJU sDLxrc o<Axewrzulnl,M u swmJsoS MTC CONIFEROUS TREES 9JCW s-r_am._ 6'-T SSS ___. ___ PA—WuaaNlele ell¢Ipylppne _ SHRUBSIPERENNIALSIORNAMENTAL GRASSES B N¢M aeYSYnam 6Ynm TMmiVB ry __ _ IL{p. —BGM__ nv'Gean RYunhF' Oreen PSES Aiml6lmre E euan T \� col R.bRV� u P ` \ l 10 coo, B-IiG —N MrRe IMmmlh MOb MA Malmneaa.R_ �Jy oda aH rc r IW HE Fx� INN P d�aeaxawa -_ PMPrvrma$la xYa�mn.9�aw -. TaJN8Nl9 .e3 m.,amn _ AGR 'al—.-_. PLANT SCHFDULF KEY I BOTANICAL NAME ICOMMONNAME I SIZE I NOTES DECIDUOUS SHADE TREES So9Ynda .7;7— ORNAMENTAL FLOWERING TREES - RfYMi CFAN/WNAM➢aLWOQ$ � L - NIO PyLWC i0WIF2YAINAJU sDLxrc o<Axewrzulnl,M u swmJsoS MTC CONIFEROUS TREES yTanowy a .._w+.:a.. _...._-ar.axe- acw _ pmy.mvRtlaeew¢ N•damwW Weser—__ _ -. s-r_am._ 6'-T SSS ___. ___ PA—WuaaNlele ell¢Ipylppne _ SHRUBSIPERENNIALSIORNAMENTAL GRASSES B N¢M aeYSYnam 6Ynm TMmiVB ry __ _ IL{p. —BGM__ nv'Gean RYunhF' Oreen PSES Aiml6lmre E euan col R.bRV� u ____yyd. .._ —N MrRe IMmmlh MOb MA Malmneaa.R_ �Jy oda aH rc r IW HE Fx� INN P d�aeaxawa -_ PMPrvrma$la xYa�mn.9�aw -. TaJN8Nl9 .e3 m.,amn _ AGR 'al—.-_. `A `I So. / .•. Eox,X.T PAtlA � pNOM IFMVx Sol W -. 1XIXXf SP HISS E IIPY51 rzWIS ` BCCO V J_ \`\ •.. 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Ntl]pJv1k DEMIM.611L'CM9ICNTNEEY Ndµp'uavN ED FOR CcRMON WR FDACE N AY�nTREESPRPSHEONJCONAONL TOTN ER-S6PM'JRMK ddnmNreiRE.E mle.=WlQazl=>/Qassll=161Ervpem=W RwieNn—MdapeY =9 o15Qmz=B Mmlxg E. EImYNUKM 0alan paEzeNReoxbiDryvFc{WmYwa 1 hwel(IS•I, B ImRlrenl]r bW1.I pn.119�IanamremNx9aeam1lvl Npwnmwnaua mn99s ImM19afq:. THY mIIperMwMhvmTgv@tlh1,0'. e..E.' mlyxa6w: IIe.4.SREWl6•NP SVITRCme6a w xWll$'WkerIB9'Nel}Ca6dlrmeapamS mReemRNotm M15S me9ne X...w u. REN pa.aa6wwamWeM6wwxw N.aammN. I.MznPanWm.Im9w.nGmylaW evmrarn9u. B.eenmu9dMa IN TM&SE N.. .EVE, R9ni Ng19wMenlarveas. E,mX mao ,o—erxam w¢we. ]m N11 NE m!&g m IM N a dW,,Wu10' E,xreeler. nn~9aH. mazBX¢hpearNmw Prew,.aw 9m NIV CY MaN.T dmPyux N'.Gem l . MaXn. Imre mp aep®nl W Erya SEB Ee PROJECT DIRECTORY Owner Architect Ph. Fax. Ph. Contact: Fax. Tn s I' L vfdiuilurls ioN Contact: Landscape Architect a 462 Land. Ddv InSuile 100E,IR, Idaho 63616 �NSHRUB PLANTINGPn,(z6e)sasawt nOTTOscME Fax. (208)839-4445 Contact: Mark Cooley wW- dmbwW ]rRl LAST) ®OROUP .6J Eaal SM1rya dNe, s-1. EA.Iaalw In PXwe(ROS)TrJ94O51 �aA (mel a9eea15 .NMameldv.K.mll n PN: W,M F Q/E tee`. oLoY N EmE E o]�TovpoQ ^Sv SN L1.0 i ia Page 1 of 1 Anna Canning From: Bill Parsons Sent: Tuesday, September 11, 2007 4:49 PM To: Anna Canning Cc: C. Caleb Hood Subject: Shops @ Cherry Lane CUP -04-054 and McDonalds @ Cherry Lane CZC-07-118 Anna, I have completed my research in reference to the above mentioned projects. The subject site was identified as commercial on the City's Comprehensive Plan Map. An application was submitted to the City for a Conditional Use Permit for a Planned Development for retail uses in a C -N zoning district. Our records indicate the project was approved by City Council on March 29, 2005, for two retail buildings (Retail Building A and B) including a drive-through for Building A. Much of the discussion at the City Council revolved around lighting and trees along the canal buffering the residential neighborhood. Council was supportive of keeping the trees, provided coordination occurred between staff, the neighborhood and the irrigation district. The City Council directed Staff to modify condition of Approval #5 to read: "Prior to issuance of a Certificate of Zoning Compliance, the applicant shall work with the Nampa Meridian Irrigation District and City Staff regarding the existing trees within the NMID easement. The City's first preference is to work with NMID to identify healthy trees within the easement and require the applicant to construct a CMU wall. The City recognizes that the best negotiated outcome may be a combination of these scenarios. If no trees are preserved or no new trees are planted within the easement, the applicant shall construct a CMU wall adjoining the NMID easement." On August 4, 2006, the applicant requested a time extension (TE -06-021) to commence the use of the CUP and was granted an 18 month time extension per UDC. On July 16, 2007, a CZC was issued for a McDonalds on the site. Prior to the issuance, Staff researched the applicable files (CUP -04-054) to determine compliance with the project. Staff researched the condition of approval for the original CUP and determined the project was in substantial compliance with the approved CUP Planned Development. The approved landscaping plan references a meeting with the City's Arborist, Elroy Huff, for tree mitigation on the site. Notes on the landscaping plans, stamped approved on July 16, 2007 indicates Elroy identified 1 locust tree(13"), 6 fruit trees (77" total), 1 pine tree (14") and one existing tree on berm (10") that were suitable for mitigation. The total caliper inches to be mitigated for are 114 inches. Per the approved landscaping plans, twenty two deciduous trees with 3 inch caliper and 59 evergreen trees with 1.5 inch caliper was approved by staff for mitigation. This is an additional 41 inches being installed beyond what the code requires. Bill Parsons -e� Associate City Planner fj Meridian Planning Department 660 East Watertower Lane Suit?,0 Meridian, Idaho 83642 PHONE: (208) 884-5533 FAX: (208) 888-6854 parsonsb@meridiVne 11' �OU�y glr&a °Y1 mI tk�;h y 6,4 Qa* k�MCy 9/12/2007 C(iVt'b►1 - . t^q�1e►�rt 500 -�ev1ce r� 1AA acre �5 '1 �(opl Cts 'CAJC, fed'. A16 nb _ 115001P p0 °ff- f�Cr, n irl.§A fi9A0t0*eU Data regarding decision to place the Cherry Lane McDonald's next to a residential neighborhood: Traffic study- • Volume • Flow • Pedestrian interaction (area has children using sidewalk) Neighborhood Impact Mitigation- • Replacement of existing trees removed as a result of the development • What are the noise abatement provisions on the permit? o Business generated (drive-through, waste handling, vent fans, etc.) o Customer generated (idling cars, loud stereos, etc.) o What are the laws regarding noise and how are they enforced? • What are the visual abatement provisions of the permit? o Structures o Signage o Lighting • What are the odor abatement provisions of the permit? o Cooling o Waste • What are the nuisance abatement provisions of the permit? o Loitering o Graffiti o Litter • Where there any exceptional abatement provisions in the permit for any of the above concerns? • What are the hours of business? • Will there be increased law enforcement due to potential traffic or crime increase? • What consideration was given for the "health and welfare" of the neighborhood children who pass by this establishment traveling to school and other activities? • What consideration was given to the impact on home valuations to nearby homes? Data regarding decision to place the Cherry Lane McDonald's next to a residential neighborhood: Traffic study- • Volume • Flow • Pedestrian interaction (area has children using sidewalk) Neighborhood Impact Mitigation- • Replacement of existing trees removed as a result of the development • What are the noise abatement provisions on the permit? o Business generated (drive-through, waste handling, vent fans, etc.) o Customer generated (idling cars, loud stereos, etc.) o What are the laws regarding noise and how are they enforced? • What are the visual abatement provisions of the permit? o Structures o Signage o Lighting • What are the odor abatement provisions of the permit? o Cooking o Waste • What are the nuisance abatement provisions of the permit? o Loitering o Graffiti o Litter • Where there any exceptional abatement provisions in the permit for any of the above concerns? • What are the hours of business? • Will there be increased law enforcement due to potential traffic or crime increase? • What consideration was given for the "health and welfare" of the neighborhood children who pass by this establishment traveling to school and other activities? 0 What consideration was given to the impact on home valuations to nearby homes? Page 1 of 3 Anna Canning From: Peggy Gardner on behalf of Tammy de Weerd Sent: Thursday, September 20, 2007 1:13 PM To: Anna Canning Subject: FW: [QUAR] COPY -ANNA Follow up Media comments Importance: Low PEGGY Administrative Secretary to Mayor Tammy de Weerd City of Meridian Phone 884-2468 ext 204 From: marieann54@msn.com [mailto:marieann54@msn.com] Sent: Tuesday, September 18, 2007 1:29 AM To: Tammy de Weerd Subject: [QUAR] COPY -ANNA Follow up Media comments Importance: Low From: marieann54@msn.com To: canninga@meridiancity.org CC: parsonsb@meridiancity.org Subject: Follow up Media comments Date: Tue, 18 Sep 2007 01:25:39 -0600 Copy -Mayor Tammy de Weerd Hello Anna & Bill Steve & I greatly appreciated your time & the time of the others that participated in our meeting regarding McDonalds. We left the meeting feeling, perhaps we did accomplish some positive communication regarding the major issues we expressed, However, I have to say that was VERY short lived. As soon as I saw the 5:OOPM newscast where you, Anna, watered down our sincerity & serious concerns, we again felt cheated by the City of Meridian. Your comments had NOTHING to do with our reasons for being there. You made it sound like a few neighbors stumbled in & were concerned for their homes. That could NOT have been farther from the truth. As what both Steve & I so clearly stated, our two biggest issues were, Why were all the neighbors cheated out of our right to be informed of the MAJOR change from a simple bank & small sandwich shop drive thru, to a major McDonalds high traffic fast food restaurant. Steve presented several documents 9/20/2007 i ( Page 2 of 3 supporting our RIGHT to be HEARD in a public hearing, however, your attorney came back & attempted to support his theory in the reason it was a minor change. That was indeed our MAJOR topic & even slightly heated subject from the beginning. The second biggest issue we presented was the major concern for the safety of the overall neighborhood, with the high schoolers racing as quickly as possible to eat & get back to school. This concerns all the neighbors who have school children that walk home or children that get sent to Albertsons for milk & bread by mom or dad. Park Side has a high % of children due to the elementary shool within the subdivision. As one angry neighbor so clearly stated..."many teenagers will even race through the neighborhood to BEAT their friends in line or simply see who gets their first. YES, of course your attorney was so quick to say, "we cannot control what kids should NOT do", BUT, what the City did by approving this particular location was .....PROMOTE the problem. These were the topics that took the majority of our communication, as they were the focus of Steve & my concerns & most of the neighbors we spoke to. You had NO RIGHT, to take our communication & present issues to the Media that was NOT our focus. Steve & I BOTH felt we wasted our time & whatever we thought we accomplished ended up under the rug of a political smoke screen. AGAIN, we felt cheated. We did NOT walk in & focus on a concern for our homes. That was only brought up due to a question by Robert, near the very end of the meeting when he asked what changes could you do to try to improve our concerns. But even then, Steve talked about the light change, speed bumps, speed signs etc & then some communication about overall fighting, fencing, plants, kids making noise by getting comfortable with pic nic tables etc. But that was about 10% of our communication. I know, I also reviewed the entire recorded meeting. I immediately went out to the neighbors & as usual, tried to do some damage control as we felt most of the Parkside community would be appalled at your response to such a sensitive & VERY serious matter. Steve already sent you the language from the public meeting over 2 years ago. Is it any wonder why we left that meeting 2 years ago, feeling some relief when the developer himself stated he would be willing to accept a conditional use permit disallowing a 'obnoxious fast food restaurant like a McDonalds" and even giving up the right for a "drive-thru" admitting that a McDonalds would NOT be the 'right spot' for this location..... even the developer himself understood the negative impact of a McDonalds in this particular location. That screams volumes to Steve, myself & the community, when it is usually the developer who pushes the envelope with projects. I have made copies of these minutes from the meeting 2 years ago & have been passing them out to as many neighbors as I can. The response..... "why did the conditional use permit get finalized without taking into 9/20/2007 Page 3 of 3 account the distinct comments made by the developer, which was supported by the neighbors & members of your council ". How did this happen?? How can our council & Mayor be so ....yes I will repeat it ... irresponsible! As Steve pointed out—our neighborhood does NOT want to hear how the change from 'The Shops at Cherry Lane" to a McDonalds is considered minor, they do NOT want to hear how we did not need to be informed because of some easy side stepping of "its a minor change", when indeed, I bet any jury would STRONGLY beg to differ on that issue as well. We need a council & Mayor that shares the concern for a quality community, shares a concern "what the residents have to say" not some minor technicality. And YES, we all know our community needs good tax based dollars, but Mcdonalds could have easily gone to a more appropriate corner as they also saw a need for fast food service in our area. Linder & Cherry would have been perfect, but the sacrifice you made on this particular approval goes MUCH deeper than a few homes it backs up to. I Pray that no child will be harmed as a result of allowing such promotion of risk. You can either promote or minimize problems with your decisions, in this case ... you -GREATLY promoted it. And how dare your communication with the Media today, remove the VERY heart of Steve & I's concerns we so clearly communicated & shared FOR our neighbors. As a result, it has fueled the FIRE. We wish for the community to "BE AWARE"! Sincerely, Marieann Christman 850-9900 cc Steve Caldwell cc Mayors Office L 9/20/2007 Page 1 of 1 Anna Canning From: Brent Dixon [Brent@Dixongrp.com] Sent: Tuesday, September 18, 2007 3:00 PM To: Tammy de Weerd Cc: clint.cameron@us.mcd.com; Anna Canning Subject: Ten Mile & Cherry - McDonalds Develpment Dear Mayor de Weerd, I was recently made aware that some opposition has arisen regarding our development adjacent to Albertson's at Ten Mile & Cherry Lane. I wanted to let you know that we wish to be as cooperative as reasonably possible. Given the proximity between the residential and commercial zones I suppose this isn't entirely unexpected. Please let me know how we can be of assistance. Brent Dixon 9/20/2007 Re: Urgent request to speak with Mayor Tammy de Weerd Page 1 of 2 Anna Canning From: Steve E Caldwell [secaldwell@gmail.com] Sent: Monday, September 17, 2007 10:24 PM To: Anna Canning; Bill Parsons Cc: secaldwell@gmail.com; marieann54@msn.com Subject: Follow-up to today's meeting. Anna and Bill, Thanks for meeting with Marieann this morning. At the end of the meeting I thought that the seeds of goodwill were planted. As you know Marieann had proactively notified the press due to her past experiences with the lack of consideration for residential neighborhood impact show by Meridian planners when approving adjoining commercial development. I saw your statement to the press this evening and I think it's a gross misrepresentation of the concerns we spent nearly two hours discussing. The focus of the discussion was almost exclusively centered on the lack of notification to the neighborhood regarding a significant change in the proposed development. I know your position is that "a drive-thru is a drive-thru" and a banking establishment is no different that a fast-food establishment in your eyes. I disagree and I think we can both cite portions of the city code that support our positions. Marieann and I also raised the impact of the traffic flow on the neighborhood and likely safety issues with regards to small children going to/from school during peak business hours. None of those topics are, to paraphrase your press statement, "about a couple of neighbors who feel their property is threatened by development". It was the city representatives who first offered up proposed changes and I on more than one occasion stated I could only reply for myself and any remedies should be discussed with all those affected and the Home Owners Association. This isn't some kind of personal agenda and I take great insult at your suggestion that it is. This is the same type of misrepresentation of discussions that you use to justify changing the CUP from the common understanding the neighborhood had in 2005 to a McDonalds. You did a good job of undoing the goodwill from earlier in the day and give support to those who believe that city government can't be trusted and will need to be dogged every step of the way to follow through on any commitments to the neighborhood. I have a lot of reading that needs to be done to fully understand how this has evolved and what regulations apply. I refer to some sections of the meeting minutes from March 15, 2005: Item 18: Public Hearing: CUP 04-054 Request for a Conditional Use Permit for a Planned Development for retail uses in a C -N zone for The Shops at CherryLane by High Point Equities, LLC — SWC of West Cherry Lane and North Ten Mile Road: <here's a portion of the opening comments by Brent Dixon, the applicant> ..."In terms of types of use, I mentioned a bank. I'm also in discussions right now with a cell phone company. I could see an ice cream parlor coming here. A Hallmark type shop. A quick sandwich, Subway type use. There is some certain obnoxious uses that I would be willing to -- as a condition of approval shy away from. I don't think this is the right spot for a fuel center. I don't think it's the right site for a contemporary fast food restaurant in the sense of a McDonald's or a Taco Bell. As a condition of approval, the Planning Commission asked if we would be willing to give up the drive-thru right here and we were willing to do so. Not happily, but notwithstanding. As well as a condition of approval that -- there was some concern -- we are going to hear about it in a moment from some of the neighbors as far as noise and lights go. And some of these were -- were similar to the concerns raised when the Albertson's originally was approved several years ago and part of that was mitigated by the erection of this masonry wall and we have agreed to continue the wall up the southern edge of the property and so -- and, then, also remove the drive-thru. Questions?" Why wouldn't the concerned members of the neighborhood leave the meeting secure in the feeling that a fast- food establishment wasn't going to be in our backyards. The developer took that prospect right off the table at the opening of the meeting. No need to dig into that possibility for the remainder of the discussions. It's not an 9/20/2007 Re: Urgent request to speak with Mayor Tammy de Weerd Page 2 of 2 option. There is testimony from Stan Kelly and Nancy Kelly (my neighbors to the west) Marieann Christman and Mike Virden voicing the same neighborhood concerns Marieann and I discussed today. There is dialog from the applicant, Brandon Juarez (Eagle resident, friend of the applicant?) and city council members. Near the end of the meeting the minutes contain the following: Wardle: I move that we approve Item 18, CUP 04-054, Conditional Use Permit for The Shops at Cherry Lane, to include all staff, applicant, and public comments, with regard to cnnnMf nlly Oho antrnnna and tha width of the northwestern most entrance. as well as the ability to work with staff approval on back for those. Bird: Second. There is then some clarifying questions comments among those at the meeting including from Anna. Anna refers specifically to the issue of the trees. After that somewhat disjointed discussion the meeting follows: Wardle: I'm really looking for an allow -ability for staff to allow flexibility to work with both the neighbors, the irrigation district, and the applicant. De Weerd: Okay. Okay. Is there any further discussion or clarification needed? Anna, do you need anything further? Canning: Just so I make sure I understand. I understand the trees issue and the other one was lighting requirements for parking and structures and the width of the entry aisle for the -- basically the drive-thru? Wardle: Yeah. To address Councilman Bird's discussion with the entry aisle. To me this dialog directs the planners to continue to work with the neighbors regarding trees, lighting and traffic access at the very least. To my knowledge there was no further contact with the neighbors on these concerns regarding a proposed development called "The Shops at Cherry Lane". Instead the Planning Department changed the CUP to be a McDonalds with no further notification to the neighbors. After all... "a drive-thru is a drive-thru"... I request that the Planning Department, the Mayor and the City Attorney reread the full CUP meeting minutes (Item 18)and the entire subsection "11-5B-6: CONDITIONAL USES:" of the Unified Development Code with regards to the follow-up actions (or lack thereof) that came out of the meeting and whether the full intent of the Unified Development Code was adhered to in the subsequent changes to the developrrfent plan. I'm not an activist (I think that's more Marieann's approach) but I'm a stickler for detail and being a project manager (in the business world) I have developed an eye for detail and a sense when things are being skirted. Marieann and I will want a follow-up meeting to cover the issues above and get a status of the changes proposed by the city today. The Mayor must be present at this next meeting. My wife just came into my office to notify me that large earthmovers with work lights are now on the property and work is going on into the night. You suddenly in a hurry for some reason? My closing comments at the end of our meet was that I hoped to work with you find a way to make McDonalds as good a neighbor as possible. Flood lights and noisy construction equipment at my back fence at 10:00 PM isn't a promising sign. I respectfully request that you forward this to the two gentelmen that were at today's meeting, the Mayor's representative and the City Attorney. Steve E Caldwell W?0/2007 Page 1 of 2 Anna Canning From: Tammy de Weerd Sent: Wednesday, September 19, 2007 10:43 PM To: Anna Canning; Bill Nary Cc: Robert Simison Subject: McDonalds Follow Up Flag: Follow up Flag Status: Red For my meeting with the pleasant neighbors that I will be meeting with, I would like a summary of what we talked about the other day. You might want to go back through your notes and their email and provide me with information they are requesting -- within reason. Such as: • Definition of major vs. minor change; • actual changes to the original plan - i.e. 3,000 square feet vs. 10,000; increased landscape buffer from 10 feet (granted by variance) to 20 feet; • orientation of drive through vs. originally proposed • fencing - their ideas discussed on Monday along with developers response (if received, if not when will we know) • tree types, orientation • removal of picnic table??... • definition of entitlement now that a building permit has been granted - i.e. could this train be stopped now that it is going down the tracks? Is there any action that can be taken by the City at this point? By the neighbors? • lesson learned? or lessons learned over the last two years that might have made this different today, or not. Just trying to keep control of this meeting. There is no doubt that both the City and the neighbors were not concerned about the'obnoxious use' that might show its ugly face given the applicants comments. Has there, to your knowledge, been an incident where something like this has happened? That's all I can think of at this time. Any notes (bullet points) would appreciated. I have included Marieann's most recent email. Looks like Friday will be fun. A neighborhood meeting is mentioned. I am not sure who they think will be there. Would invite your comments on this. If they do one of these meetings, would staff want to be there? Would the developer? We will know more of how appropriate this idea is after the meeting with the'gang' they are pulling together. From: marieann54@msn.com [mailto:marieann54@msn.comj Sent: Wed 9/19/2007 5:43 AM To: Robert Simison Cc: Tammy de Weerd Subject: RE: Ten Mile Interchange Hello Robert, 9/20/2007 Page 2 of 2 Thank you for the information on the 10 mile project meeting. Count mein of course. Also, we have decided the Fr_idt at 1:30 would be best for us on the meeting with the Mayor. We needed the time to do more research on this heated subject & communication with the community. We are looking at ALL the facts & issues & are trying to understand how we went from a comfortable bank & strip mall to a HIGH profile fast food restaurant. We ALL feel our rights have been clearly violated & we should have had a voice at the VERY least. Our intelligence was highly offended by the City attorney telling us that this was NOT a major change & therefore we did not need to be invited. Well, you will not see 100 teenagers rushing to a bank drive through or ice cream shop at the lunch hour, through Park Side Creek to beat their friends & be the first to arrive, so this high profile McDonalds totally changes the VERY nature of the traffic, the safety issues, noise levels etc etc etc, so this was NO minor change. We have a lot to speak about with not just our neighborhood, but the ENTIRE COMMUNITY, who's kids attend the elementary school. Because know with working parents, that many of the kids outside of this sub -division will have some of these kindergartners walk to a babysitting home or friends home in this subdivision during lunch hour, until mom gets home, so it is also their kids at risk as well. Please do NOT tell us it's not your job to predict or stop teenagers breaking the speed laws in our streets. IT IS THE MAYOR & CITY COUNCIL'S JOB TO DO THE PROPER COMMUNITY PLANNING TO MAKE SURE THEY MAKE A DECISION THAT WILL NOT PROMOTE A RISK BUT TO MINIMIZE IT!! That is our focus & if we had been given the opportunity at the very least 2 years ago to know a McDonalds was even a remote possibility, the entire communication would have been different. I have seen MANY projects not just in Meridian but elsewhere get turned down because it promoted risk, traffic or other concerns. We will also be highly offended if the City makes this a "homes backed up to McDonalds concern". That did & will set the spark for a blaze of anger, because as you all know by now, that is NOT our issues, even though it is forjust a few. You may call me to follow up if you wish at 850-9900. At this time we are trying to keep the Friday meeting at a minimum sized group as to promote a professional & controlled atmosphere. We will have approx 6 total, but if that changes, I will let you know. It is though getting harder as we go, when more & more are finding out, that it is NOT a bank etc that everyone was assured not just 2 years ago, but all those asking since then, so Steve & I are considering having an open emergency community meeting perhaps next week, so that others can voice their concerns & thoughts. We anticipate perhaps about 30-50 attending this meeting, but that is later focus & I am sure the media will want to attend. BUT, we don't know if that will happen for sure just yet, it depends on if Steve & I get enough feedback & concern & what our community President wants to do. That meeting will be either a highly heated or relaxed situation depending on the communication with the Mayor & members at the Friday meeting. Marieann Christman cc Mayor Tammy de Weerdt cc Steve Caldwell cc Anna Canning 9/20/2007 Page 1 of 1 Anna Canning From: Steve Caldwell [secaldwell@gmail.com] Sent: Wednesday, September 19, 2007 1:11 PM To: Anna Canning Cc: Marieann54@msn.com Subject: Construction noise. Follow Up Flag: Follow up Flag Status: Red Attachments: 09-18-07_0011.3gp;09-18-07_0012.3gp Hi Anna, After midnight on Tuesday morning I learned how to use the video camera on my cell phone. I've been told that there have been numerous complaints to the police from both sides of Cherry Lane regarding this activity. Apparently it was permitted by ACHD, yet another fine example of local government keeping affected parties informed on disruptions. I've also been told that the police say that Meridian permits construction to continue till 11 PM (an hour later than Eagle I believe). That explains why the same type of activity was going on late into the night Tast night. This video was taken from my backyard and is a real-life snapshot of how close the development is to the adjoining neighborhood. It was this activity that was the tipping point to drive some neighbors to me about getting this stopped and one of them will accompany me to our meeting on Friday. The attachments require a Quicktime player to view. Steve E Caldwell 5 �� — wnable vices V,Ae- AC,i'J'D wV,otk i5 ?YOcecs 9/20/2007 Page 1 of 1 Anna Canning From: Steve Caldwell isecaldwell@gmail.com] Sent: Wednesday, September 19, 2007 12:57 PM To: Anna Canning Cc: marieann54@msn.com Subject: Meeting on Friday Follow Up Flag: Follow up Flag Status: Red Hi Anna, I want to let you know that a group of neighbors from Rod's Parkside Creek is scheduled to meet with the Mayor on Friday. I presume and hope that you will be there. When we last spoke yesterday morning you said you would be consulting the City Attorney regarding what was possible regarding CUP 04-054 (the McDonalds). I haven't heard back but I expect that working through the possible actions could take a day or so. I'm expecting we will have all the options to be considered by our Friday meeting. Just so you are clear on the neighborhood's expectations. We will not accept what in the developers own words is an "obnoxious use" and "not suitable" for the site. I understand that we got here by erroneously giving an overly broad CUP, beyond what the applicant requested. It is unreasonable that the neighborhood should accept what the developer has stated isn't a good use simply because of an error in the permitting process. I believe the city has an attourney and insurance coverage to correct such errors. I expect that's the path the city will follow and not attempt to enforce an "obnoxious use" _ L, onto a neighborhood due to it's own error. I look forward to a solution that will correct this error and 1 ` 05 eventually lead to a suitable development of the property. See you on Friday. C Regards, C �� Steve E Caldwell � %14 10 I request that you share this note with all concerned within the city government. VJ/ C�• C ,wtpa.� owl�a qtr a.AL6(_ , �lVC Yoh w okeE4- , 9/20/2007��`�5 pnpo"A A41ko,ej>: PArcc,l 3H I ,J W, ehel✓ Z,, tLflAR---4- aDZ aD➢ _s oz D z 3217 N Y > °gS K Z D�' y ^ D g' bxq b z 77 99 AM 91 9 s a V� a 9�m� a ¢P a ana$ shi As- s� "yv os D —mi m ="s slam BE E i. % MCDONALD'S RESTAURANT v .......... mBHD ' 3ay er oAiE- Ns TD&� 'THOMAS, DEAN & HOSKINS, INC. SITE PLAN ��(NNERIU GCONSULTANTS �9 to all Ems I I mese ifl El F11 R) 91 1E` � � � § � \" \ / . ..... �/� . \ � § �\|| . � . / ,\\�,�?.\ .�| �� | �\� [DEBM OEI IN dig M. �McDonald's USA, LLC � emm reP§ / ) %/ ) § |I �( mweBID /mmm §||| « | \ ? \ me 7 | y» m| � - . . Jim � , ® �ILP® m _ate C ASB SERIES Fixture Specifications FEATURES • Mill finished aluminum housing • Access to lamp and ballast compartments through hinged door assembly —� • One-piece tempered glass lens -' • Optical system fabricated of polished aluminum; provides optimum efficiency for long and wide light distributions ORDERING INFORMATION SAMPLE CATALOG NUMBER A fully adjustable and directional lighting system designed for maximum flexibility and the challenges of today's lighting needs. Adjustable mounting allows for up to 450 tilt above horizontal to optimize performan:e. Fixed arm mounting provides true cutoff in the same value -priced luminaire. • Type C includes adjustable tenon adapter • Includes integral/adjustable light cut-off shield • Consult factory for external glare shield options • Includes lamp • Available with photocell • Available with polycarbonate shield • Suitable for wall mounting DIMENSIONS A� C I �B_A�_. Ad/u.mme no-orl E .B' r1,eam,u par..1d onaw) 400 17.0" 17,0' 9,5" 10.0" 5.0" _ 1 44 1000 22.0" 22.0" 10.9" 10.0" s 0" 2.54 ASB X XXXXXXX XX XX Series Type wattage/ Finish 'Joltage Source G I MOUNTING BRACKET ASB _ radius able shoe uox_ 013 Dade bronze ORDERING INFORMATION C Adjustable cut-off _ F Fixed arm (forward throw)) 175MH 175 watt metal halide 250MH 250 wall metal halide 40OMH 400 watt metal halide 1 OOONIH 1000 watt metal halide 250HPS 250 watt high pressure sodium 400HPS 400 watt high p'essure sodium 1000HPS 1000 watt high pressure sodium W. wane BII( PI. Black Platinum M' TCM MT Multi -Tap ballast (120, 20©.240.277\0 I Cansull WIr, for a4er wn10,1 and RJ:e 51.11 avalMald, l Cw .' No., M doer/inBues. 3 FPA boll! on 3P Ilk. Far odrer EPA .Ines, ronsull Mu., A HUBBELL LIGH;'INU, INC. COMPANY • e . 1 a f _ _ - I• _ - J - --TT-WW TT -3A T1,4.1 TTrnx (9o.) U IA na rttrylred wNf tenon IDP ale. Use only W rN fil (speuTy 4 -or 5' Oe). E ~ ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 9.00 3 BOISE IDAHO 03106106 04:41 PM DEPUTY Neave Haney III I I II111111111111111111111111111111 RECORDED -REQUEST OF TJlle One 106034719. WARRANTY DEED For Value Received, Cornerstone Group, LLC, an Idaho Limited Liability Company„the Grantor, does hereby grant, bargain, sell and convey unto DSD, LLC, an Idaho Limited Liability Company, the Grantee, whose current address is 533 E_ Riverside Dr., Suite 100, Eagle, ID 83616, the following described premises, in Ada County, State of Idaho, to wit: See Exhibit W attached hereto and made a part hereof. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, and Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that it is the owner in fee simple of said premises, that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and and that it will warrant and defend the same from all lawful claims whatsoever. Dated: i�) — b — ob Cornerston Group, LLC, an daho Limited Liability Company 8Y� - Scott J. Stewart Manager By: Aaron R. Dough ager State of Idaho ) ) ss County of Ada ) On rhe�1 day of March, 2006 before me a Notary Public in and for said State, personally appeared Scott J. Stewart known or identified to me (or proved to me on the oath of ) to be a Manager of Cornerstone Group, LLC, the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. "Ox•OOOnrn,pp' GRI, 5t - By: IN I n� a • �YIJ1 i �,oTARy NOTARY PUBLIC06. qOf 10 My commission expires: October I, 2008 Residing at: Boise, Idaho .State of Idaho ) ) ss County of Ada ) On the W _ day of March, 2006 before me a Notary Public in and for said State, personally appeared Aaron R. Doughty, known or identified to me (or proved to me on the oath of ) to be a Manager of Cornerstone Group, LLC the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. ...�xxmmunom._ 1 ,t%oTARy 'OUBUG My commission expires: October 1, 2008 Residing at: Boise, Idaho By: TAXyr�i o� NOTARYPUBLIC �— t ffiIBIT V' A parcel of land lying in the Northeast Quarter of the Northeast Quarter of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more specifically described as follows, Beginning at the Section comer common to Sections 3, 2, 11 and of said Sec0on 10; thence North 89°41'38" West 530X0 feet to a point, said point being the REAL POINT OF BEGINNING; thence South 001622' West 383.00 feet to a point; thence North 48°5038" West 274.92 feet to a point; thence North 23'5138" West 21525 feet to a point thence South 89041'38" East 290.00 feet to the REAL POINT OF BEGINNING. EXCEPT any portion thereof lying within the right of way for Cherry Lane. N 251 kLED EFFECTIVE ARTICLES OF ORGANIZATION ° LIMITED LIABILITYCOMPANY06 JAN 30 FM 1: 20 (Instructions on back of application) 1. The name of the limited liability company is: SECRET:`,. OF STATE STAfL OF DMO DSD, LLC 2. The street address of the initial registered office is: 533 E. Riverside Drive, Suite 100, Eagle ID 83616 and the name of the initial registered agent at the above address is: Scott Stewart 3. The mailing address for future correspondence is: 533 E. Riverside Drive, Suite 100, Eaqle ID 83616 4. Management of the limited liability company will be vested in: Manager(s) ❑� or Member(s) 0 (please check the appropriate box) 5. If management is to be vested in one or more manager(s), list the name(s) and address(es) of at least one initial manager. If management is to be vested in the member(s), list the name(s) and address(es) of at least one initial member. Name Address Aaron Doughty 533 E. Riverside Dr. Suite 100 Eagle ID Scott Stewart 533 E. Riverside Dr. Suite 100 Eagle ID Brent Dixon 23675 SW Terrace, Sherwood, OR 97140 6. Signature of at lea/ne pers esponsible for forming the limited liability company: Signature: - --- ---- -----.... g � � Secretary of Slate use only Typed Name: Scott Stewart Capacity: Manager Signature o g IDAHO SECRETARY OF STATE Typed Name: Aaron Doughty) 01 / 31 �2e0b �5 a00 Capacity: ManageI�@ SRO30N CT Manager 'Imm ORGAN LLC 0 j AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA ) 1, +=NT (name) (address) (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: (name) (address) to submit the accompanying application(s) pertaining to that property. 2. 1 agree to indemnity, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. 1 hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this 10_day of 1 t C� � , ZO L (Signature) SUBSCRIBED AND SWORN to before me the day and year first 88b0 ove w = tten. OFFICIAL SEAL ( ry Public forldaho) LA UNA L HELTON NOTARY PUBLIC - OREGON .Residing at: COMMISSION NO. 397354 MY COMMISSION EXPIRES SEPTEMBER 18, 2009 My Commission Expires: ' ri 660 E. Waleriower Lane, Suite 202 a Meridian, Idaho 53642 Phone: (205) 884-5533 a Facsimile: (208) 565-6554 • Website: www.meridiamity.org (Re,,. 9 1222 1 1 0 6) City of Meridian Pre -application Meeting Notes Date: slz,� 1c)-i Project/SubdivisionName: M-Dm'saId's fes -aur nh, Applicant/Contact: _ City Staff: Anna, ,evict, Seo -1, Location: 3 4 K tAi , 0, P v�4 l a r". Existing Zoning: . Proposed Zoning: Property Size: Contiguous and Within AO:[ (AZ only): Number of Units and/or Lots: Dwelling Type (if residential): Surrounding Uses: PecjJ0tyKm.l , groceri,l 0 -re Comprehensive Plan Desf� _ Street Buffers and/or Land Use Buffers: z5 6o -ler almsg Ch o rn l Open Space/Amenities/Pathways: Street System/Stab Streets/Access: _ Sewer and Water Service: Topography/Hydrology/Floodplain Issues: _ Canals/Ditches/Irrigation and/or Hazards:_ History: Additional Meeting Notes:*- free. r�r o,rd dr Gu P -- + p --Ws Aevelor ^-ivn.-t- /-t'm.e PX fe^(i aY. . jai m..o.,rnvr7��• C.le �Jilh Velb, Other Agencies/Departments to Contact (circle): Ada County Highway District Nampa and Meridian Irrigation Idaho Transportation Department Settlers Irrigation Sanitary Services Corporation Fire Department Central District Health Police Department Applications Required (circle all that apply): Accessory Use Design Review Alternative Compliance Final Plat Modification Annexation Misc. (DA Modification) Certificate of Zoning Compliance Planned Unit Development Comp Plan Map Amendment Preliminary Plat Comp Plan Text Amendment Private Street Conditional Use Permit Rezone Additional Pre -Application Conference (circle one): Anticipated Submission Date: Required Parks Department Public Works Department Building Department Other: Short Plat Time Extension UDC Text Amendment Vacation Variance Other: Anticipated Hearing Date: Not Required NOTES: 1) Applicants are required to hold a neighborhood meeting, in accordance with UDC 11 -5A -5C, prior to submittal of an application requiring a public hearing. 2) Except for UDC Text Amendments, Comprehensive Plan Text Amendments and Vacation applications, all other applications requiring a public hearing shall be posted in accordance with UDC 11-5A-5 D. 3) The information provided during this meeting is based on current City Code and Comprehensive Plan. Any subsequent changes to City Code and/or the Comprehensive Plan may affect your submittal and/or application. This pre -application meeting shall be valid for 6 months. _,3( Mo -r'-FPS 'J�-`� Al+ehahVr (bv"F4(LnG0- 23 May 2007 Jonathan Netzloff Thomas, Dean & Hoskins 2517 17'h St., Suite B Lewiston, ID 83501-6311 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 RE: McDonald's Restaurant/Cherry Lane & Eight Mile Lateral Dear Jonathan: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Nampa & Meridian Irrigation District has received and reviewed plans for the above-mentioned proposed project. Storm water is being retained onsite this is acceptable to the District. Fax received today shows that the curb cut to the Eight Mile Lateral has been removed. Please submit revised plans (2 sets) showing the removal of the curb cuts. You will also need to contact the District's attorney, Bryce Farris at 342-4591 and ask that he prepare a License Agreement for encroachment. Once this agreement has been signed and returned it will be presented to the District's Board of Directors for their consideration at the next available board meeting. This agreement must be signed and approved before any construction is started. If you have any further questions, please feel free to give me a call. Sincerely, Bill Henson Asst. Water Superintendent Nampa & Meridian Irrigation District BWdbg C: Bryce Farris; attorney City of Meridian; Principle Planner Water Superintendent - - - - Rider 4 File - Office/Shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 11'40D7664111' a:0441L54431: 7,1648480311' —M a v � a v N O z U1 W� O o \ A g p m n Q — _ m v 1 m P > m O Z > 'ra C O V v d N C m O n O T. z0 O ✓ 1 '9 mom. m O l � y A z z, i��\ Ag --- D11 IN 11'40D7664111' a:0441L54431: 7,1648480311' i0A 17 ADARECORDER J. DAVID NAVARRO AMOUNT 51.00 17` BOISE IDAHO OOIVJ07 11:39 AM i DEPUTY Bonnie OberbilliO III IIIIIIIIIIIIIIIIIIIIIIIIIIII I II III RECORDED -REQUEST OF: Tiffe One 107089102 RECORDING REQUESTED AND WHEN RECORDED RETURN TO.- Jared O:Jared W. Sommer New Albertson's, Inc. Attn: Legal Department - Real Estate Law i Store #180 .P.O. Box 20 Boise, ID 83726 (Space above this line for Recorder's use only) #180-CherryLane & Ten Mile. Meridian, ID i SECOND AMENDMENT TO DECLARATION OF RESTRICTIONS, GRANT OF EASEMENTS AND COMMON AREA MAINTENANCE AGREEMENT THIS SECOND AMENDMENTTO'DECLARATION:OF RESTRICTIONS. GRANT OF EASEMENTS AND COMMON. AREA MAINTENANCE AGREEMENT ("Second Amendment') is entered into: on .av 2007, by and between High Poinl,Equities, LLC, an Idaho limited liability .company ('High Point"), DSD, LLC, an Idaho limited liability company ("DSD") ;and New Albertson's, Inc., a_ Delaware corporation, successor in interest to Albertson's, Inc., ("Albertsons") (collectively, the "Parties"). Recitals A. High Point's predecessor in interest and Albedsons entered into that certain Declaration of Restrictions, Grant of Easements and Common Area Maintenance. Agreement recorded September -9, 1997. in the ,Official Records of Ada County, Idaho as Instrument No. 97073846, as amended by. that certain First.Amendment to Declaration of Restrictions, Grant of Easements and Common Area Maintenance Agreement dated. October 22, 1998 and recorded. on October 28, 1998; in the Official Records of Ada.County; Idaho, as Instrument No: 98108782 C (collectively, the "Declaration") concerning that certain real.property described on Schedule 1, which schedule is attached hereto and made a part hereof.' S. Albertsons: is the owner of Parcel No. 2. "Parcel": Parcel 1, 2 or 3, as shown on Exhibit "Wand 'A 1 and more particularly , i "Nolhwithstanding theoregoi no, .the cost of operating, maintaining, repairing and replacing alemmon�reas and Service Facilities located on Parcel 3 shall be the sole ! . responsibility of the Owner of Parcel 3. However, in the event that Consenting Owner deems Parcel 3 is being inadequately maintained, Consenting Owner reserves the right to use self help to cure said inadequacies.and charge the Owner of Parcel 3 for. all costs relating to nonperformance items pursuant to Section 5.2. At least 30 days notie will be provided to the Owner of Parcel 3 and McDonald's pursuant to the. notice provision .cdntained herein prior to Consenting. Owner exercising its self help rights provided_:, - however, in the event of an emergency, the 30 day notice period is waived: Owner and McDonald's will have 30 days to cure any inadequacy. The Owner of.Parcel 3 shall not be required to participate in the pro rata payment of common area maintenance charges for Parcels 1 and 2 except as otherwise set forth herein 20. Following the Last Sentence of Section 5.4 the Declaration is hereby amended to -. include the following phrase: Nothwilhslanding the foregoing, the cost of.operating, maintaining, repairing and replacing the Common Area Lighting on Parcel,3 shall be borne by the Owner of Parcel :3.- Parcel 3 Owner agrees that Common Area Lighting shall remain on until at least one (1) hour after the business on Parcel 2 closes for business. Parcel 3 Owner shall only 6e.required to extend the time the Common Area lighting is on resultingfrom' a change :in Parcel 2's business hours upon Consenting Owner providing Parcel 3 Owner.thirty (30) days notice of any change in the closing, time of said business provided, however, no notice shall be necessary for changes in store closing time based on semiannual - changes,assoclated with daylight savings time. 21. Section 5.5 -is hereby amnded.to include the phrase "and/or Parcel 3" immediately following each reference of "Parcell" in said section. 22. Everyright Parcell Owner has pursuant to Section 5.6 against Parcel 1 Owner, Parcel 2 Owner'shall also have against Parcel 3 Owner and every obligatfon Parcel 1 Owner 'has Pursuant to said section; Parcel 3 Owner shall also have to Parcell Owner. 23; Each and every restriction set forth in Sections 6.1, 6.2, 6.4 and 6.5 shall be binding upon Parcel 3, except. Parcel 3 shall be allowed to be utilized as a bank and/or National Chain (defined below). fast food restaurant featuring vehicular drive -up or drive through customerservice facilities: Each and every restrictions set forth in Section 6.3 shall be binding on.Parcel -3 except Parcel 3 may operate a National Chain fast food restaurant so long as the aggregate floor area of said restaurant does not exceed 5,000 square feet or 4,000 square feel if said restaurant includes a drive-lhru. "National Chain": A -retail business which operates (i) fifteen (15} or more units in at least Wuo (2) slates under the same trade name, or (ii) ten keen or moreunits in the State of Idaho under the same trade name. Franchised locations may be used in ca"Igi ng the aforementioned unit counts. ! 24. The Parties acknowledge that DSD shall construct a vehicular through -way on an easement connecting Parcels 2 and 3 in the Shopping Centershowri on Exhibit "A;2'as lhe' . North Access`Easemenl. This vehicular easement shall be constructed to the same standards ' as currently existing on the drive aisle located on Parcel 2. i i 25. Albertsons hereby grants consent to allow High Point to grant a vehicular E easement between parcels 1 and 316 DSD.. The Parties also grant consent to, DSD to construct a vehicular through -way on this easement connecting Parcels 1 and 3 shown on Fxhibil "A:2" as South Access Easement. This vehicular easement shall be constructed to the same standards as currently existing on the drive aisle located on Parcel 2:' 26 .1, DSD as grantor does hereby gran(' for the benefit of Parcels 1 and 2.a non- exclusive easement foringress and egress for vehicular traffic upon, over and across that I portion of Parcel 3 as shown on exhibit "A:2. This easement shall be limiled,to use by Alfiertsons and High Point and it's successors, assigns, tenants and invitees solely for ingress and egress of vehicular traffic to and from Parcels 1 and 2 to and from West Cherry Lane. . DSD's use of the Access Easement which will not unreasonably interfere with or restrict the allowed use of Albertsons or High Point and it's successors, assigns, tenants and invitees., This vehicular easement shall be constructed to the same standards as currently exist on Parcels 1 and 2.., 26.2 Albertsons and High Point, as grantors; do hereby grant for the benefit of Parcel - 3 a non-exclusive easement for ingress and egress for vehicular traffic upon; over and across that portion of Parcels 1 and 2 as shown on exhibit -"A.2."- This easement shall be limited, to use by DSD and it's successors, assigns, tenants and invitees solely for ingress and egress of 'vehicular traffic to and from Parcels i and 2 to and from West Cherry Lane and Ten Mile Rd: - Albertsons may make. any use of the Access Easement which will not unreasonably interfere. with or restrict the. allowed use of DSD and it's. successors, assigns, "tenants and invitees. Alberlsons shall have the right to reconfigure or relocate the easement herein granted to any I other, reasonable configuration or location on Parcels 1 and 2 so long as reasonably equivalent. ingress, and egress is provided. 27. DSD agrees to make certain property modifications inside Parcels.1 and 2. These.modifications shall take place in the "Berm. Area" shown on Exhibit •'A.1" and shall be. limited to the following: 1) removal of the cedar fence; 4 removal of the grass berm wilh_any trees and/or shrubs contained thereon; 3) removal and replacement of concrete curbing; 4) re- grading of berm area; 5) extension of existing asphalt surface area; and 6pre=striping of asphalt surface area; 1) striping of newly created parking stalls with the same dimension as currently , exist do Parcel 1 and 2; and 8) any new or replacement of drainage fields or piping. that maybe disturbed or damaged_ during construction. Albertsons and High Point herebygrant consent to DSD and/ DSD's contractors to perform such work. 28. Notwithstanding anything in this Declaration to the contrary, DSD`shall be limited to a maximum building area of 5,000 square feet or 4,000 squarel eel i(said building offers a dove-thru and to provide no less than five (5) parking stalls for every 1,000 square feet of bkitlding area. All such stalls must be located within Parcel 3. - 29. DSD acknowledges that some of the. work it may perform within the:Berm Area . may reduce the landscaping area required for the.Shopping Center by the City of Meridian—DSD • agrees to mitigate the loss of any landscaping area to ensure the required landscaping for the `- Shopping Cenler does not fall below that required by the City: Should the required landscaping i > fall below the City's requirements; DSD shall develop sufficient landscaping within Parcel 3 to bring the. Shopping. Center:.back up to the City's requirements. I, ,, _- � - � ._ -. i. ' :' ' — ovoa IM r,3i- - - - - $' - -- — — — 1Y ox a CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for a Conditional Use Permit for a Planned Development for a retail uses in an C -N Zone, by High Point Equities Case No(s). CUP -04-054 For the City Council Hearing Date of: March 15, 2005 A. Findings of Fact Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the March 15, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). The Planning and Zoning Commission conducted a public hearing and issued a written recommendation for approval to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).CUP-04-054 - PAGE I of 5 a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it hereby verified that the property owner(s) of record at the time of issuance of these findings is Nita Lovan. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for the application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor- and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated 2/15/05 as shown in Exhibit B and the Conditions of Approval in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: I. The applicant's CUP Site Plan is hereby conditionally approved; and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).CUP-04-054 - PAGE 2 of 5 2. The following modification to the site specific conditions for the Conditional Use Permit were made at the 3-15-05 City Council hearing; a. Delete Site Specific Condition #9 and modify Site Specific Condition #5 to read: "Prior to issuance of a Certificate of Zoning Compliance, the applicant shall work with the Nampa Meridian Irrigation District and City Staff regarding the existing trees within the NMID easement. The City's first preference is to work with NMID to identify healthy trees that could remain. The City's second preference is to plant new trees within the easement and require the applicant to construct a CMU wall. The City recognizes that the best negotiated outcome may be a combination of these scenarios. If no trees are preserved or no new trees are planted within the easement, the applicant shall construct a CMU wall adjoining the NMID easement." b. Create Site Specific Condition #9, "The applicant shall implement lighting on the property which shall be down shielded and not cause glare, impact the traveling public, or adversely affect neighboring developments. Designs and specifications of said lighting shall be submitted to City Staff prior to issuance of a Certificate of Zoning Compliance." c. Create Site Specific Condition #10, "Prior to is of a Certificate of Zoning Compliance, the applicant shall submit evidence of an adequate turning radius from the drive-through exit north to Cherry Lane. If evidence of an acceptable radius cannot be provided, the applicant shall be required to reconfigure the drive-through to eliminate one lane of the drive-through and narrow the exit eastward through the use of curbing. This would move the drive-through exit further from the access to Cherry Lane, and facilitate the safe movement of traffic from the site." 3. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).CUP-04-054 - PAGE 3 of 5 application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If, the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.B.) E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that'this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as'provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Site Plan Exhibit C: Final Conditions of Approval Exhibit D: Conditional Use Permit Findings By action of the City Council at its regular meeting held on the day of , 2004. COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER CHRISTINE DONNELL VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).CUP-04-054 - PAGE 4 of 5 COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tammy de Weerd Attest: William G. Berg, Jr., City Clerk Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. Lo City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).CUP-04-054 - PAGE 5 of 5 EXHIBIT A Shops at Cherry Lane CUP -04-054 Legal Description jIL1�E{MR.UASI{YJi4{',�W7@Il_w'k(HS — ----•. ••..-•«.•.v r...r..r n,,, - AURCOUNIYNEWDEAJ, DAN NIYAFAW 1 IONEMNIVIM IDDIAN uh QUITCI N�DEED10nEal�raeh1°aE° hd Aw IIIIIHIIIII IIIIHIIIdI1HIfH FOR VALVE RECp1GID AMM 3ja mmu VI NITA LOVAN, personal Representative of the Estate of Wallace D. Lgvan, deceased, au h-Oy mmar. m1we.,am. nw tame Enhdym ml° VE NITA ERVEN, also ,known as V1 Nita Levan rA �b: 3415 West Cherry Lane, Meridian, ID 83642 1y�Aj1, 16f kb iq da R;W Wed,tl, w ft; p A PARCH OF LAW LYING IN TIE NORTKAST pOAR UEIER OF Wa KNIWAST OIEN OF SECTIaN 10, TOIFpI1F 3 IMRN1, mom 1 MT. ee1SE-KAIDIµ, ADA omT. IwoIellE SFTCIFIGII.T C SGRIam AT FULIM, OEGINNING At i1E 5MMIpN mmm amImmm TO SECTIONS 3, 2. 11 Ne IIF SRI, SMIGN f,; THERM Nmin 1R ORIGM 41131. ,asT 570.00 FRT TO A ,DINT. SAID FEINT New TIE RELL POINT OF BMINTINI.y no= swm 0 OC'2EL 10'W My S0L00 FET TO A ,OINTI TIEIICE ,URTN AA ULOEFS 56.1381 NUT 275.57 FT2T TO A WINFp WDM I WIN 2a DEFAFES 5113M AfST 215.25 r= Y, A ,OIIRI "Cr $DOTH 09 KC141$ 41139• GST 200.00=FRT TO THE RTAL MINT OF NECINIIT, L11oi ANA M-rlvl W13OW LTIIf. ■17X1" TIE RIfNI OF IAT FOR 010w L :oA<aa mN rhor,prynenuxa. r/7T aserli ter"' VI NITA LEVAN, Personall Aepresentati of the Beta e o Wa acevan, STATE OF 3.i h �rnry of - aAa a. de 0a Fe'Fr1 ar}.A a lnlh,y .f 2004 b for<m< O.rnmpY,Dam1.... EXHIBITa Shops aCherry Lane . CUP -04-054 Approved Site Plan o f� )!99 . . \ % zm U) co ) a _ ° \/y , w K { \«i - , < .. . . !\ . /. EXHIBIT C Shops at Cherry Lane CUP -04-054 Conditions of Approval C SITE SPECIFIC CONDITIONS OF APPROVAL / OV C 1. The project layout shall remain in substantial compliance with the approved site plans. Parking is approved as depicted on the site plans. Minor modifications can be made, if necessary, during the CZC process as long as the overall parking ratios remain in conformance with the Meridian City Code. All surface parking shall conform to the minimum dimensions per ordinance of 9' x 19' with 25' wide drive aisles. X,u, f� %a//y �yn�/.P/ ---JAC, 2.✓ The applicant shall submit a written request for width reduction of the street buffer to the Planning Director, which demonstrates evidence of the hardship and proposes a specific alternative width prior to the City Council hearing for the application. 3. nor to issuance of a Certificate of Zoning Compliance on this application, the applicant shall provide notarized consent of the adjacent property owners for this application and shall provide evidence of an agreement which allows off-site improvements to the parking facilities of Lots 1 and 2, Grocery Bag Subdivision. Provide a W2copy of the cross access agreement between the subject property and Lots 1 and 2, Grocery Bag Subdivision prior to issuance of a Certificate of Zoning Compliance. (L.. Prior to issuance of a Certificate of Zoning Compliance, the applicant shall work M� with the Nampa Meridian Irrigation District and City Staff regarding the existing trees within the NMID easement. The City's first preference is to work with NMID to identify healthy trees that could remain. The City's second preference is to plant new trees within the easement and require the applicant to construct a CMU wall. The City recognizes that the best negotiated outcome may be a combination of these scenarios. If no trees are preserved or no new trees are planted within the easement, the applicant shall construct a CMU wall adjoining the NMID easement. 6. The applicant shall remove the conifer located in the street buffer along Cherry Lane from the plan and replace it with a deciduous tree which complies with MCC 12-13-7-2 and 12-13-9, prior to issuance of a Certificate of Zoning Compliance. 7. Automated Teller Machines (ATM) or drive-throughs, shall be prohibited for Retail B (southernmost building) and acceptable for Retail A (northernmost X�� building). O -V- Frr, 466, 8. At this time there are no public sanitary sewer or water services to the subject site. The applicant needs to provide information to, the Public Works Department detailing their proposal for providing services to the subject site. 9. The applicant shall implement lighting on the property which shall be down shielded and not cause glare, impact the traveling public, or adversely affect , neighboring developments. Designs and specifications of said lighting shall be submitted to City Staff prior to issuance of a Certificate of Zoning Compliance. 10. Prior to issuance of a Certificate of Zoning Compliance, the applicant shall submit evidence of an adequate turning radius from the drive-through exit north to Cherry Lane. If evidence of an acceptable radius cannot be provided, the applicant shall be required to reconfigure the drive-through to eliminate one lane of the drive-through and narrow the exit eastward through the use of curbing. This would move the drive-through exit further from the access to Cherry Lane, and facilitate the safe movement of traffic from the site.. STANDARD CONDITIONS OF APPROVAL 1. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-17-4.B. 2. All exterior lighting, whether attached to the building or located within the parking lot, shall be down -shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 3. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. No signs are specifically approved with this Conditional Use Permit. All signage shall require separate permits. 4. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 6. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary. Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of.,110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 7. Meridian City Code requires that this site 'be served with an automatic underground irrigation system. Use of non -potable irrigation water is required when determined to be available by the City Public Works Department as regulated by City Ordinance 9-1-28. 8. Sanitary sewer and water service shall be from the city of Meridian's existing systems adjacent to the site. 9. All parking and drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. FIRE DEPARTMENT COMMENT: 1. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 1/2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 4. Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 5. The retail lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 6. Provide a Knoxbox entry system for the complex prior to occupancy. The application shall work with city staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). 8. There shall be afire hydrant within 100' of all fire department connections. POLICE DEPARTMENT COMMENT: 1. The proposed drive through has limited visibility from a public street. Prior to the next public hearing, the applicant shall meet with the Police Chief to discuss methods of increasing visibility to the facility. PARKS DEPARTMENT COMMENT: 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. NAMPA/MERIDIAN IRRIGATION DISTRICT 1. A Land Use Change Application must be filed for review prior to final platting. Please contact Donna Moore at 466-7861 for further information. 2. All laterals and waste ways must be protected. The District's Eightmile Lateral courses along the southwest boundary of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 3. The developer must comply with Idaho Code 31-3805. 4. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHIBIT D Shops at Cherry Lane, CUP -04-054 Required Findings STANDARDS FOR CONDITIONAL USES ' The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; City Council finds that the subject property is large enough to accommodate the requested use and all other required features as noted above, subject to the comments and conditions outlined below. As part of the planned development, the applicant is requesting approval of a drive through in both the front and rear buildings. The applicant has submitted designs regarding the layout of the site. The site plans consists of a 6,050 square foot front building with a drive through and a 3,250 square foot rear building with, a drive through. It is important to note that the applicant's proposal proposes joint parking facilities with the Albertson's property directly adjacent to the subject property. The proposed plan reconfigures the existing parking, and in doing so eliminates six (6) existing parking spaces and adds twenty-five (25) parking spaces to the Albertson's property. MCC 11-13-1(G) Joint Parking Facilities states that "Off- street parking facilities for different buildings, structures, uses, or for mixed uses may be provided collectively in any district in which separate parking facilities for each constituent use would be permitted; provided, that the total number of spaces so located together shall not be less than the sum of the separate requirements for each use.". The Albertson's development contains approximately 57,300 square feet of retail use, requiring 287 parking spaces, and there are 294 parking spaces existing on the property. The elimination of six (6) parking spaces on the adjacent development by the applicant's proposal would not reduce the parking below the requirements of MCC 11-13-1(G), and therefore complies with the requirements of Meridian City Code, provided that sufficient new parking is provided with the development to meet the requirements of MCC 11-13-5 for the entire site. Standard ordinance parking requirements for "Retail Stores" apply to the site. The standard for retail use is one (1) space per 200 gross square feet. The two proposed buildings add up to 9,300 gross square feet, requiring 47 parking spaces. The drive through .customer service window requires an additional five (5) parking spaces, bringing the total required to 52 parking spaces. The applicant has proposed 61 new parking spaces and is in compliance with the requirements of MCC 11-13-5. The required landscape street buffer for arterial roadways, such as Cherry Lane, is twenty-five feet '(25') from the property line. In circumstances where required street buffer widths result in an otherwise unavoidable hardship to the property, a width reduction may be granted by written request to the Planning Director (MCC 12-13-10-5). In no case shall the width be reduced to less than ten (10) percent of the depth of the lot without a Variance. The applicant has proposed a reduced street buffer of twenty feet (20') which complies with the ten (10) percent restriction of 12-13-10-5. A written request to the Planning Director has been received from the applicant. $. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The current Comprehensive Plan Land Use Map designates the property as "Commercial." City Council finds that the proposed retail uses are harmonious with and in accordance with the Comprehensive Plan. The proposal is a Planned Development to allow more than one (1) building on a single lot and to provide detailed approval of the elements of the development. If the project is approved as a Planned Development, it will meet the minimum requirements of the MCC. The Planned Development provisions require that at least two (2) approved amenities are included on the site, and the applicant has included three (3), which are: 1) landscaped open space adjacent to the Eightmile Lateral; 2) a public seating area; and 3) a 6 -foot sidewalk along Cherry Lane. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; The Comprehensive Plan shows that the future intended land use of the area is Commercial and the property is zoned C -N (Neighborhood Retail). Therefore, City Council finds that the proposed development will not adversely change the existing or intended character of the general vicinity. Please see item D for comments regarding the impact to other property in the area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; City Council does not anticipate that the use, in the configuration proposed, will adversely affect adjacent properties in the area. The development is separated from surrounding residential uses by the Eight Mile Lateral and Cherry Lane, and this project will be integrated into the large existing retail development immediately adjacent to the property. E. That the proposed use will be served adequately by essential public facilities, and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide, adequately any such services; City Council finds that the proposed development can be adequately served by the essential public facilities and services listed above, with the exception of sanitary sewer and water service. Drainage will be retained on site. Trash enclosures have been provided on-site for refuse disposal. The Meridian Police Department has raised specific .concerns regarding the safety of the proposed development and the ability of the Police to adequately provide services to the development. If either building is proposed for use as a Banking Facility, any Automated Teller Machine (ATM) should be clearly visible from Cherry Lane or the adjacent parking facilities. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; City Council finds that the proposed development will not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. All required improvements; including landscaping, paving, parking, installation of services and roads, etc. will be paid for by the developer. The primary public costs to serve the project will be for fire and police services. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; City Council finds that no excessive traffic, smoke, fumes, glare or odors should result from the proposed retail use. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; City Council finds that the proposed use will not create significant interference with any traffic on the surrounding public streets. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. City Council does not find that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. 1 I 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 :_----------------: I tisae: °10 n I 0 1 - I I B! 4 rn 1¢g:i$I11 I MIHMIMIIHHI 3,1 I IFI3 FIt 11��it E i 9k�y 11a . I �rU NIGH POINTpvLOIENT �II�II a MPIDIAR I DOR.ER RRY AVD Tp1 MILE e4�i3 �wDl� �IDOHD Ii'VII 2MM'OMIEOI111Y•lZA ]3R15FrJ,ORSfd F IIIA SHERIGOD, OR 91140 Fit 503 5315,%6 Few 503 6]5 ffi5 II V °10 n I 0 1 - I I B! 4 rn 1¢g:i$I11 I MIHMIMIIHHI 3,1 I IFI3 FIt 11��it E i 9k�y 11a . �11A^�CLFP Q [Hd affoa l wwa gg gg gg{{FF f�apegQg$gl�RR��t�B§IEg �igi�➢1 EIg€€€_g�g3 ��F€6�€6€f�Bi °� q,I 1 re' Jill 3egeaq�-v_e'{_-King �� � 111111 111111 _iii:iiF xeyei" ^^` iRee f{xwe 1Fj{I144 iqI MI , r, rot 11. E-ILIMMlwr. 7. �rU NIGH POINTpvLOIENT �II�II a MPIDIAR I DOR.ER RRY AVD Tp1 MILE e4�i3 �wDl� �IDOHD Ii'VII 2MM'OMIEOI111Y•lZA ]3R15FrJ,ORSfd F IIIA SHERIGOD, OR 91140 Fit 503 5315,%6 Few 503 6]5 ffi5 II V °10 n I 0 1 - I I B! 4 rn 1¢g:i$I11 I MIHMIMIIHHI 3,1 I IFI3 FIt 11��it E i 9k�y 11a . l�el Q [Hd affoa l wwa �rU NIGH POINTpvLOIENT �II�II a MPIDIAR I DOR.ER RRY AVD Tp1 MILE e4�i3 �wDl� �IDOHD Ii'VII 2MM'OMIEOI111Y•lZA ]3R15FrJ,ORSfd F IIIA SHERIGOD, OR 91140 Fit 503 5315,%6 Few 503 6]5 ffi5 II V °10 ® eo 0 1 i�$8'��F€It]; hof S, I B! 4 {�;!i�qq 1¢g:i$I11 I 1 HIMISIS Hi 3,1 I IFI3 FIt 11��it E i 11a l�el 1g1 88�� gg gg gg{{FF f�apegQg$gl�RR��t�B§IEg �igi�➢1 EIg€€€_g�g3 ��F€6�€6€f�Bi °� Jill 3egeaq�-v_e'{_-King �� � 111111 111111 _iii:iiF xeyei" ^^` iRee f{xwe 1Fj{I144 �rU NIGH POINTpvLOIENT �II�II a MPIDIAR I DOR.ER RRY AVD Tp1 MILE e4�i3 �wDl� �IDOHD Ii'VII 2MM'OMIEOI111Y•lZA ]3R15FrJ,ORSfd F IIIA SHERIGOD, OR 91140 Fit 503 5315,%6 Few 503 6]5 ffi5 II V C Sonya Watters From: clint.cameron@us.mcd.com Sent: Friday, July 13, 2007 10:08 AM To: Sonya Watters Cc: detailci@yahoo.com Subject: Fw: McDonald's on Cherry Lane Attachments: DSD LLC c.pdf Sonya, Pagel of 3 1 Jpbcorded agreement with Albertsons is attached. Consent for off-site improvements is referenced in sections 139. 1 and 30.2. V, VVe are proposing bench seatingpirthe °amenity. WahmiS located in the landscaped island on South East sideof our. phtperty by -the drive thru. �)Xou should have received the Sanitary Services approval of the trash coral from Mike last week. Let me know if anything else is needed Clint Cameron Area Construction Manager McDonalds USA, LLC. 12131 113th Ave NE, Suite 103 Kirkland WA. 98032 Phone: 425-821-4970 ----- Forwarded by Clint Cameronlmcd/us on 0 711 3120 07 08:58 AM ---- "Brent Dixon" <Brent@DlIxongrp.corn> 07/11/2007 03:31 PM Clint, Attached is the recorded agreement with Albertsons. Express consent is granted in sections 30.1 and 30.2. Brent To <clint.cameron@us.mcd.com> cc Subject RE: McDonald's on Cherry Lane From: clint.cameron@us.mcd.com[mailto:clint.cameron@us.mcd.com] 7/13/2007 Sent: Wednesday, July 11, 2007 9:40 AM To: Brent@Dixongrp.com Subject: Fw: McDonald's on Cherry Lane Brent, Can you provide input to questions 1-2 per Sonya's e-mail below. Clint Cameron Area Construction Manager McDonalds USA, LLC. 12131 113th Ave NE, Suite 103 Kirkland WA. 98032 Phone: 425-8214970 _ Forwarded by Clint Cameron/mcdlus on 07111/2007 09:38 AM -- "Sonya Watters" <watterss@merldlanclty.org> 07/1012007 02:08 PM Hi Clint, I have a couple of questions/things I need from you: To <clint.cameron@us.mcd.com> GO Subject McDonald's on Cherry Lane Page 2 of 3 1.) " Do you have a RECORDED copy of the Declaration of Restrictions, Grant of Easements, and Common Area Maintenance Agreement that you submitted? If not, I need one per the conditions of approval of the CUP. 2.) " Does the aforementioned agreement expressly give consent for off-site improvements to be made on the Albertson's property? If so, please tell me where I can find that info. 3.) " What are you proposing as an amenity for the previously approved planned development (CUP) and where will it be located? 4.) ' Copy of Sanitary Services stamped/signed approval for dumpster location Give me a call if you want to discuss. Thanks, Sonya Watters Associate City Planner CITY OF MERIDIAN 660 E. Watertower Street, Suite 202 7/13/2007 Page 3 of 3 Meridian, Idaho 83642 208.884.5533 Phone — 208.888.6854 Fax The information contained in this e-mail and any accompanying documents is confidential, may be privileged, and is intended solely for the person and/or entity to whom it is addressed (i.e. those identified in the "To" and "cc" box). They are the property of McDonald's Corporation. Unauthorized review,use, disclosure, or copying of this communication, or any part thereof, is strictly prohibited and may be unlawful. If you have received this e-mail in error, please return the e-mail and attachments to the sender and delete the e-mail and attachments and any copy from your system. McDonald's thanks you for your cooperation. The information contained in this e-mail and any accompanying documents is confidential, may be privileged, and is intended solely for the person and/or entity to whom it is addressed (i.e. those identified in the "To" and "cc" box). They are the property of McDonald's Corporation. Unauthorized review,use, disclosure, or copying of this communication, or any part thereof, is strictly prohibited and may be unlawful. If you have received this e-mail in error, please return the e-mail and attachments to the sender and delete the e-mail and attachments and any copy from your system. McDonald's thanks you for your cooperation. 7/13/2007 Page 1 of 1 Sonya Watters From: Sonya Watters Sent: Tuesday, July 10, 2007 3:09 PM To: 'clint.cameron@us.mcd.com' Subject: McDonald's on C;IAs" Lane Hi Clint, I have a couple of questions/things I need from you: ,:,ft you have a RECORDED copy of the Declaration of Restrictions, Grant of Easements, and Common Area Maintenance Agreement that you submitted? If not, I need one per the conditions of approval of the CUP. Z* oes the aforementioned agreement expressly give consent for off-site improvements to be made on the `� lbertson's property? If so, please tell me where I can find that info. * What are you proposing as an amenity for the previously approved planned development (CUP) and where will it be located? VJeoy of Sanitary Services stamped/signed approval for dumpster location Give me a call if you want to discuss. Thanks, Sonya Watters 4Ssociate 6itIJ, Piavwner CITY OF MSR.IPIRN 66o 6. Watertower Street Suite 202 Meridian, Idaho 83642 208.884.6633 PHOnWe — 208.888.6864 i'aX 7/10/2007 Page 1 of 1 Sonya Watters From: Sonya Watters Sent: Tuesday, July 10, 2007 3:20 PM To: 'clint.cameron@us.mcd.com' Subject: McDonald's Cherry Lane One more question ... why are the 4 trees along the west/south boundary proposed to be removed? SOVV Watters Associate CCt� Plawwer CITY OF MERIDIAN 660 E. Watertower Street, Sa.Lte 202 MeyWUiv,, Idaho 83642 208.884.5533 Phone — 208.888.6854 FaX 7/10/2007 Page 1 of 1 Sonya Watters From: Sonya Watters Sent: Tuesday, June 19, 2007 4:30 PM To: 'clint.cameron@us.mcd.com' Subject_ McDonald's Cherry Lane CZC Clint, I've reviewed the Certificate of Zoning Compliance (CZC) application that you submitted and need the following additional items: A rec of the cross -access agreement between the subject property and Lots 1 i3 2 of Grocery Bag b ivision (the one submitted was not recorded or signed by all parties) L ptarized consent from the adjacent property owners for the subject CZC application and evidence of an agreement which allows off-site improvements to the parking facilities of Lots 1 and 2, Grocery Bag Subdivision. ,�$bbmit designs and specifications of lighting proposed for the site which shall be down shielded and not cause glare, impact the traveling public, or adversely affect neighboring developments. ✓Submit a recorded copy of the plat for Grocery Bag Subdivision L�,!endscape Plan must be revised to include landscaping along the southern boundary along the Eight Mile itch, in compliance with the standards in UDC 11.36.90, Buffers to Adjoining Uses. What are you proposing as an amenity for the previously approved Planned Development (CUP) and where will t,be located? (show on plans) lease submit a copy of the pre -app meeting notes that I gave you after our meeting 11-Tfie landscape plan does not show the correct buffer width along Cherry; please revise accordingly L�r2 you progP{�yng a 6' solid fence along the Eight Mile? (your plan states this under the Project Calculations section but ddCe""s not depict the location on the plan) Submit approval from Sanitary Service Compancy for trash enclosure location (stamped site plan) "Dkbmit address verification letter from Public Works (Katie Glenn, 898-5500) i,Pill-size scaled or dimensioned copy of the building elevations, with construction materials shown (also include an 8dA" x 11" reduction, the one submitted wasn't legible) If you have any questions, please let me know. Most of the above requirements were conditions of approval of CUP -04-054. Thanks, SOVVI watters Associate City 'Pi nKtr OITY OF MERIAIAN 660 E. watertowerStreet Suite 202 MerWECm,, Idaho 83642 208.884.5533 T*om — 20RSR8 .6854 FaX 6/19/2007 Page 1 of 3 Sonya Watters From: Sonya Watters Sent: Wednesday, June 20, 2007 8:50 AM To: 'clint.cameron@us.mcd.com' Subject: RE: McDonald's Cherry Lane CZC Clint, A bike rack does not count as an amenity as it is already required per current City ordinance (UDC 11 -3C -6G). Please show location of bike rack on plans. You do not have to install fencing; it was indicated on your plan that fencing was proposed so I wanted to verify that. Please remove note from the plan. Please send updated plans (4 sets) with all revisions noted. Thanks, Sonya From: clint.cameron@us.mcd.com[mailto:clint.cameron@us.mcd.com] Sent: Tuesday, June 19, 2007 5:13 PM To: Sonya Watters Subject: Re: McDonald's Cherry Lane CZC Sonya, I will try my best to have all items issued to you by then end of the week We will be proposing a bike rack to fulfill the amenity outlined under the CUP. We looked for areas to place outdoor seating but felt all options were unsafe for our customers due to traffic. We are not installing a 6' fence along the canal, we will be planting trees along the irrigation canal which will allow us to meet out landscape mitigation and allow for fencing. Is this acceptable? We discussed this option during the pre -application meeting. Also, the irrigation district has requested we do not install any permit structure between our curb line and the canal. NMID has approved our site plan which encroaches into the easement. In doing so the canal will be covered (by the developer). I will have an executed encroachment agreement from NMID hopefully by the end of the week. Clint Cameron Area Construction Manager McDonalds USA, LLC. 12131 113th Ave NE, Suite 103 Kirkland WA. 98032 Phone: 425-821-4970 "Sonya Watters" <watterss@meridianc1ty.org> To <clint.cemeron@us.mcd.com> cc 6/20/2007 Planning Department CERTIFICATE OF ZONING COMPLIANCE Application Checklist Project name: Mc, Do ni, I ik s Re -,s avec. K "-reA M 1,- lit,✓/ut t Fije� �.�€c,"'�` ApplicanUagent: �I;yt'I�Gct,1G,iIh, lZS a4a-a.Hl3i+r�p AGI% All applications are required to contain one copy of the following unless otherwise noted: Applicant. Description Completed leted & signed Administrative Review Application - Narrative fully describing the proposed use of the property, including the following: c ➢ Information on any previous approvals or requirements for the requested i.e., applicable conditions of approval or Development Agreement) .Recorded warranty deed for the subject property-�+ . / Y Affidavit of Legal Interest signed & notarized by the property owner (if owner is a corpoaaon, submit a copy of the Articles of Incorporation or other evidence to show that the person signing is an authorized a ent " K'� i_ Scaled vicinity map showing the location of the subject property-- Gl, Sanitary Service Company approval for trash enclosure & access drive (stamped site plan) f A photometric test report for any light fixture(s) with a maximum output of 1,800 lumens _ 1 or more see UDC ll -3A-11 Copy of the recorded plat that the property lies within,(8 %:" x 11" = Address verification letter from Public Works See Tricia Bieren 898-5500) / Site Plan -4 copies (folded to 8 %:" x 11" size) ' The following items must be shown on the siteplan: t • Date, scale, north arrow, and project name (scale not less than V-50') / • Names, addresses, and telephone numbers of the developer and the person and/or - V firm preparing the plan- • Parking stalls and drive aisles' ._ kc • Trash enclosures location- • Detail of trash enclosure (must be screened on 3 sides) • Location and specifications for underground irrigation (Pressurized irrigation can only be - waived if you prove no water rights exist to subject prop") • Sidewalks or. pathways (proposed and existing) - - • Location of proposed building on lot (include dimensions to property lines) _ • Fencing (proposed and existing)-- - - Calculations table including the following: - / ➢ Number of parking stalls required & provided (specify handicap & compact stalls) ➢ Building Size (sq. ft.). ➢ Lot size (sq. ft.) _ ➢ Setbacks - ➢ Zoning district' • Reduction of the site plan 8 r/2" x 11" -�� Landscape plan — 3 copies (folded to 8 r/z" x 11" size) - / Plan must have a scale no smaller than I " = 50'(1 " = 20' is preferred) and be on a standard drawing sheet, not to exceed 36"x 48" (24"x 36" is preferred). A plan which cannot be drawn in its entirety on a single sheet must be drawn with appropriate match lines on two or more sheets. The following items must be included on the landscapeplan: V • Date, scale, north arrow, and project name - Names, addresses, and telephone numbers of the developer and the person and/or 1 firm preparing the plan 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 5�j 91/- 660 ✓ _ % • Existing natural features such as canals, creeks, drains, ponds, wetlands, v flood lams, high groundwater areas, and rock oulcroppings. • Location, size, and species of all existing trees on site with trunks 4 inches or, V/ greater in diameter, measured 6 inches above the ground. - Indicate whether the tree will be retained or removed. _ • A statement of how existing healthy trees proposed to be retained will be pr tected from damage during construction • Existing structures, planting areas, light poles, power poles, walls, fences, berms, t ✓ parking and loading areas, vehicular drives, trash areas, sidewalks, pathways, stormwater detention areas, signs, street furniture, and other man-made elements. - • Existing and proposed contours for all areas steeper than 20% slope. Berms shallbe shown with one -foot contours. - • Sight Triangles as defined in 11-3A-5 of this ordinance. / Location and labels for all proposed plants, including trees, shrubs, and ✓ ground covers (trees must not be planted in City water or sewer easements). Scale shown for plant materials shall reflect approximate mature size J • A plant list that shows the plant symbol, quantity, botanical name, common name minimum planting size and container, tree class (I, II, or I11), and comments (for - - s cing, staking, and installation as appropriate). • Planting and installation details as necessary to ensure conformance with all required standards. pltj • Design drawing(s) of all fencing proposed for screening purposes — • Calculations of project components to demonstrate compliance with the _ requirements of this ordinance, including: - - ➢ Number of street trees and lineal feet of street frontage / ➢ Width of street buffers (exclusive of right-of-way) _ ➢ Width of parking lot perimeter landscape strip 1// ➢ Buffer width between different land uses (if applicable) ➢ Number of parking stalls and percent of parking area with internal landscaping ➢ Total number of trees and tree species mix - ➢ Mitigation for removal of existing trees, including number of caliper inches - being removed Reduction of the landscape plan 8 ''R' x 11" - Building elevations showing construction materials If applying for approval of a public school, provide additional information as required by the Public School Facility supplemental checklist per 67-6519. Fee (If this project had prior approval on a site plan, reduced fees may apply) ACRD Acceptance: Applicant shall be responsiblefor meeting the requirements ofACHD as lheypertain to this application. All impact fees, ifany, shall be paidprior to the issuance ofa buildingpermit. Ifany changes must be made to the site plan to accommodate the ACRD requirements, a new sire plan shall be submitted to the City of Meridian Planning & Zoning Department for approval prior 10 the issuance ofa buildingpermit. Your building permit will not be issued until ACRD has approved your plans and all associated fees have been paid THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION. 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 9121106) Planning Department ALTERNATIVE COMPLIANCE ■ Application Checklist Project name: File #: Applicant/agent: All applications are required to contain one copy of the following unless otherwise noted: Applicant ( Description Staff Completed & signed Administrative Review Application pfolso sabmining a conatrreni application for a prelimioay plat or conditional use penult, the Alternative Compliance request trill be processed along with aha! applicaion. Therefore, on Administrative Review application is not necessary in ibis case; jusl check the Ahe, native Compliance box on Commission & Council Review / Application and submit the information belay. V Narrative fully describing the proposed request including the following: ➢ The specific requirements that are proposed to be modified ➢ Address the reason why strict adherence or application of the requirements are not feasible ➢ Demonstrate how the proposed alternative means for compliance with the specific requirements provides an equal or superior means of meeting the intent and purpose of the regulation ➢ Any supporting documentation or plans Fee No-FP—Cs— t- Ann0., O ( f"e".'t lj IOW 4 ) THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION - 660 E. Walertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.nieridiancity.org (Rev. 9/11/06) TRANSMITTAL DATE: 5/23/07 McDonald's USA, LLC KXM 12131 113' Ave NE Suite #103 Kirkland, WA 98034 Phone: 425-821-4970 Fax 425-821-4563 TO: Mike Giacomino Baumgart Construction 880 W. Amity Road Boise, ID. 83705 RE: Zoning Compliance Application / Alternative Compliance Application WE ARE SENDING YOU: Certificate of Zoning Compliance Application / City of Meridian Alternative Compliance Application / City of Meridian THESE ARE TRANSMITTED: FOR YOUR APPROVAL X FOR YOUR USE AND INFORMATIOIN AS REQUESTED FOR REVIEW AND COMMENT REMARKS: Mike, Application for Zoning Compliance and Alternative Compliance Application is attached. Check includes re -submittal fee of $125, no fee is required for Alternative compliance per Anna. (Determined during pre app) Please deliver ASAP to the City of Meridian. Sincerely, IMcDald'sroUSA, LLC Clint amen Area Construction Manager TRANSMITTAL LETTER DATE: 6/14/07 TO: Sonya Watters City of Meridian Idaho 660 E. Watertower, Ste. 202 Meridian, ID. 83642 RE: Zoning Compliance / New McDonalds Restaurant, Ten Mile and Cherry Lane. McDonald's USA, LLC 10220 N.E. Points Dr. #300 Krkland, WA 98033 Phone: 425-827-9700 Fax 425-828-9359 WE ARE SENDING YOU: (2) Full Size Copies of the site plan, (2) full size copies of the landscape plan. THESE ARE TRANSMITTED: FOR YOUR APPROVAL X FOR YOUR USE AND INFORMATIOIN X AS REQUESTED FOR REVIEW AND COMMENT REMARKS: Sonya, Included are (2) more full size copies of our site plan and landscape plan requested for zoning compliance. You should have a total of (4) each. Sincerely, McDona/s USA, LLC Clint eameron Area Construction Manager TRANSMITTAL LETTER DATE: 6/13/07 TO: Sonya Watters City of Meridian Idaho 660 E. Watertower, Ste. 202 Meridian, ID. 83642 RE: Zoning Compliance / New McDonalds Restaurant, Ten Mile and Cherry Lane. McDonald's USA, LLC 10220 N.E. Points Dr. 4300 Kirkland, WA 98033 Phone: 425-827-9700 Fax 425-828-9359 WE ARE SENDING YOU: (2) Full Size Copies of the site plan, (2) full size copies of the landscape plan. THESE ARE TRANSMITTED: FOR YOUR APPROVAL X FOR YOUR USE AND INFORMATIOIN x AS REQUESTED FOR REVIEW AND COMMENT REMARKS: Sonya, Included are (2) full size copies of our site plan and landscape plan requested for zoning compliance. Sincerely, McDonald's USA/, LLC Clint Cameron Area Construction Manager TRANSMITTAL LETTER DATE: 6/28/07 TO: Sonya Watters City of Meridian Idaho 660 E. Watertower, Ste. 202 Meridian, ID. 83642 McDonald's USA, LLC 10220 N.E. Points Dr. #300 Krldand, WA 98033 Phone; 425-827-9700 Fax 425-828-9359 RE: Re -Submittal, Zoning Compliance / New McDonalds Restaurant, Ten Mile and Cherry Lane. WE ARE SENDING YOU: Revised Site plan, revised landscape plan, lot light detail, pre -app meeting notes, Recorded easements with Albertsons, sanitary services approval of our trash coral, building elevations. THESE ARE TRANSMITTED: FOR YOUR APPROVAL x FOR YOUR USE AND INFORMATIOIN x AS REQUESTED FOR REVIEW AND COMMENT REMARKS: Sonya, Included are items requested based on your e-mail dated 6/19/07. We received verbal approval on the encroachment into the irrigation canal easement from NMID, I will have an executed agreement shortly, I will forward to your attention as soon as I receive. Let me know if anything else is needed. Sincerely, McDon 's USA, LLC �:�L�y� Clint Cameron Area Construction Manager 6,4 fie"/- = G14 eoAt /A/0 e- ',/-- 6/ Sif" 8�5= iovva Letter of Acknowledgement The following sets forth a letter of acknowledgment between High Point Equities, LLC and New Albertson's, Inc. ("Albertson") as agreed to on this day of 2007. WHEREAS, High Point Equities, LLC is the owner of Parcel I in the Grocery Bag Subdivision as more particularly set forth in that certain Declaration of Restrictions, Grant of Easements and Common Area Maintenance Agreement recorded September 9, 1997, in the Official Records of Ada County, Idaho as Instrument No. 97073846, as amended by that certain First Amendment to Declaration of Restrictions, Grant of Easements and Common Area Maintenance Agreement dated October 22, 1998 and recorded on October 28, 1998, in the Official Records of Ada County, Idaho, as Instrument No. 98108782 (collectively, the "Declaration'). Brent Dixon is the Managing member of High Point Equities, LLC, an Idaho limited liability company ("HPE"); WHEREAS, Albertsons is the owner of Parcel 2 in the Grocery Bag Subdivision and Consenting Owner (as that phrase is defined in the Declaration) of the Cherry Lane Shopping Center located at the intersection of Ten Mile and Cherry in Meridian, Idaho; WHEREAS, DSD, LLC an Idaho limited liability company ("DSD") is the owner of Parcel 3 in the Grocery Bag Subdivision; NOW, THEREFORE, I Brent Dixon acting in my capacity as the Managing Member of both HPE and DSD hereby acknowledges the following: 1. Albertsons, its successors or assigns may develop an out -parcel pad inside the northeast comer of Parcel 2 of the Grocery Bag Subdivision. This pad may be used by Albertson as a fuel center or for any other lawful use. 2. HPE and DSD agree to withhold any objections that they may have to said development,and waive any rights available at law or under the Declaration should Albertsons decide to proceed with the development of the northeast comer of Parcel No. 2 so long as it meets all current requirements of the governing bodies with jurisdiction in this matter. Should an amendment to the Declaration be necessary to effectuate approval of said development, HPE and DSD, and their successors and assigns, agree to execute an amendment of said Declaration approving said development including any variations to the terms of the Declaration necessary to allow said development so long as said variations will not unreasonably affect HPE and DSD's business operations on Parcels I and 3. SIGNATURES ON FOLLOWING PAGE Acknowledged and Agreed to by: DSD, LLC a Idaho limited liability company By: Its.- High ts: High Point Equities, LLC a Idaho limited liability company By: Its: New Albertson's, Inc. a Delaware corporation John P. 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INSTALL CONCRETE DRIVEWAY T6 L.F. EXISTING LUg� `WITH VALLEY CURER PER GUTTER & SIDEWALK / ISPWC SN. UWG. NO. TUB 0 210' 40' 60' S CAL E VARIES �.I \ 25 0' '`R }•p1 18.7 TO 2DD' WHITE PNM 9.0' \\\ \ \ R 2 COATS 4' WIDE STANDARD PARKING STALL STRIPING DETAIL (4� �\ \ NOT TO SCALE 2 PROPERTY LINE I .� 4WIDE y 8.0' % BD' HANDICAP PARKING STALL STRIPING DETAIL5 NOT TO SCALE 2 s 7 REMOVE & REPLACE ALB L . EARRING 1. 3' ASPHALT CONCRETE PAVEMENT SHALL BE PLANT MIX PAVEMENT CLASS III OF EXISTING CURB, GUTTER (1/2' NOMINAL MAXIMUM SIZE) DESIGNED AND PLACED IN ACCORDANCE WUH & SIDEWALK THE ISMS. OBLITERATE & DISPOSE 2. ASPHALT BINDER SHALL BE PG58-20 IN ACCORDANCE WITH ISPWC. OF 43 S.Y. OF EXISTING ASPHALT 3. PAVEMENT SMALL BE PIACED IN TWO LETS. 3" ASPHALT CONCRETE PAVEMENT 6" OF 3/4" MINUS CRUSHED GRAVEL BASE COURSE AT 95% MINIMUM COMPACTION PER AASHTO T-99 L REMOVE IN DISPOSE OF 48 L.F. RAILROAD OF OF E%ISTING REMOVE & DISPOSE OF 286 OF EX(SHNG WOOD FENCE 12' OF STRUCTURAL SUBBASE 7 NATIVE MATERIALImsgE 14 LF.; _ OF 9 DORS R 26.8• TYPICAL PARKING LOT SECTION 1 2 6' NOT TO SCALE 2 25 0 v / 1 1225' R &I N \\ \ 34 LF C F \\ r\ %IS LNG HANDICAP MARKING DETAIL 6 NOT TO SCALE \ \\ \ 2 n. !25' OF 4) REMOVE & DISPOSE OF 353 L.F. OF EXISTING CURB & GUTTER -R JAY (EYP. OF 4) NEAT 3.0' W. OF 4) R STRAIGHT CURB DETAIL 2 NOT TO SCA£ 2 SIDEWALK DETAIL 3 NOT TO SCALE r2 1. PORTLAND CEMENT CONCRETE SHALL BE 4000 PSI WITH 3/4" MAXIMUM AGGREGATE AND A 2B -DAY STRENGTH OF 4000 PSI. 5% 2 IS NR CONTENT WITH A MAXIMUM SLUMP OF 4'. 2. CONTRACTION JOINTS SHALL BE SPACED THE SAME DIMENSION AS TIE WIDTH BUT NOT TO EXCEED 5' EACH WAY. CONTRACTION JOINTS SHALL BE CONSTRUCTED BY SAWING OR SCORING. A TOOL SHALL BE USED WHICH WILL LEAVE CORNERS ROUNDED AND DESTROY AGGREGATE INTERLOCK FOR THE SPECIFIED MINIMUM DEPTH. CONTRACTION JOINTS STALL BE A MINIMUM OF 1/4 OF THE TOTAL DEPTH OF THE CONCRETE. 3. EXPANSION JOINTS, USING 1/2- PREFORMED BBUMINOUS JOINT MATERIAL SHALL BE SPACED AT INTERVALS TWICE THE WIDTH AND AS NOTED ON PEWS AND DETAILS. PEACE 1/2" PREFORMED BITUMINOUS JOINTS AT THE TERMINOUS POINTS FOR CURVES AND WHERE SIDEWALK IS PLACED BETWEEN TWO PERMANENT FOUNDATIONS AND ALONG THE BACK OF WALK THE FULL LENGTH 4. ALL EDGES AND JOINTS SHALL BE ROUNDED WITH AN EDGING TOOL OF A MINIMUM 1/4" RADIUS. SURFACE SHALL BE BROOM RNISHED. 5. GRADE, ALIGNMENT AND FORMS SHALE BE INSPECTED BY THE ENGINEER PRIOR TO POURING. 0 U DESIGNED BY QUALITY CHECK: DATE: JOB NO. 0 za 4; at Z M O Q LuJ z W J ~ Z is pw 0 _ 00 W OF ZS C A L EC 6I \\AV ` 150 • I. ,R VARIES 18.7'TO0.0' ANDY PANT 9.0' \ \ \ \ 2 COATS 4' WIDE STANDARD PARKING STALL STRIPING DETAIL ( 4� NOT i0 SCALE 2 20.0' -BLUE PAM 2 COATS 4" WIDE yl 8.0' 9I 90 HANDICAP PARKING STALL STRIPING DETAIL T5� NOT TO SCALE 2 BLUE 2 COATS PROPERIY ONE- REMOVE & DISPOSE OF 4B L.F. OF EXISTING MORGAN) HE REMOVE & DISPOSE OF 208 LF. jr OF EXISTING WOOD FENCE HANDICAP MARKING DETAIL 6 \ \� NOT TO SCALE 2 \ 25.0' 225' -- 1.0' R3 (TYf 20.0' 9.0' (TYR.) OF 4) REMOVE & DISPOSE OF 353 LL. OF EXISTING CURB & GUTTER R 3.0' (TYP. OF 4) I' I R 3.0' P. OF 4) 1.0' 225' 12' OF SIRUC111RP1 SUBBASE) '7 NATIVE MATERALJ/ TYPICAL PARKING LOT SECTIONN \1 NOT TO SCALE 2 R STRAIGHT CURB DETAIL 2 NOT TO SCALE 2 VARIES 4" CONCRETE 2R e COMPACTION SB SIDEWALK DETAIL 3 NOT TO SCATS 2 BIDEWPLK NOTES 1. PORTLAND CEMENT CONCRETE SHALL BE 4000 PSI WITH 3/4" MAMMON AGGREGATE AND A 28 -DAY STRENGTH OF 4000 PSI, SR 2 1% AR CONTENT WITH A MAXIMUM SLUMP OF 4'. 2. CONTRACTION JOINTS SHALL BE SPACED THE SAME DIMENSION AS THE WIDTH BUT NOT TO EXCEED 5' EACH WAY. CONTRACTION JOINTS SHALL BE CONSTRUCTED BY SAWING OR SCORING. A TOOL SHALL BE USED WHICH WILL LEAVE CORNERS ROUNDED AND DESTROY AGGREGATE INTERLOCK FOR THE SPECIFIED MINIMUM DEPTH. CONTRACTION JOINTS SHALL BE A MINIMUM OF 1/4 OF THE TOTAL DEPTH OF TAE CONCRETE. 3. EXPANSION JOINTS. USING 1/2' PREFORMED BIIDMINOUS JOINT MATERIAL SHALL BE SPACED AT INTERNALS TWICE THE WIDTH AND AS NOTED ON PUNS AND DUALS. PLACE 1/2" PREFORMED BITUMINOUS JOINTS AT THE TERMINOUS POINTS FOR CURVES AND WHERE SINEW" IS PIACEO BETWEEN TWO PERMANENT FOUNDATIONS AND ALONG THE BACK OF WALK THE FULL IENGTH. 4. ALL EDGES AND JOINTS SHALL BE ROUNDED WRH AN EDGING TOOL OF A MINIMUM 1/4" RADIUS. SURFACE SHALL BE BROOM FINISHED. 5. GMOE, AUGMENT AND FORMS SHALL BE INSPECTED BY THE ENGINEER PRIOR TO POURING. NO. O z e <: Z �o FCC yw W g c W Na CccJ J Z¢ OE') 0 = UC) Mw d z LO60211 Z J a W Fn OF SSPHAL & REMOVE EXISTING WOUTOVE ASPHALT IN NEAT LINE WEST CHERRY LANE PMK NG LOT NOTES' \ REMOVE & REPLACE 48 L.F. I. 3" ASPHALT CONCRETE PAVEMENT SHALL BE PUNT MIX PAVEMENT CUSS III \ REM& DISPOSE INSTALL CONCRETE DRIVEWAY OF EXISTING CURB, GUTTER (1/2" NOMINAL MAXIMUM SIZE) DESIGNED AND PLACED IN ACCORDANCE WITH 26 L.F. EXISTING CURB, B, WITH VALLEY GOTTEN PER & SIDEW" THE ISPWC. GOTTEN & SIDEWALK ISPWC STD. DWG. NO. 709 OBLITERATE & DISPOSE 2. ASPHALT BINDER SHALL BE PC58-28 IN ACCORDANCE WITH SPWC. OF 43 S.Y. OF EXISTING V u - ASPHALT 3. PAVEMENT SHALL BE PLACED IN TWO UFTS. �- R 20.0' R 20.0' INSTALL STRAKNT CURBING -, I • �TN TAUGHOUT PARKING LOT a �b _ 3" ASPHALT CONCRETE PAVEMENT BA OF 3/4" MINUS CRUSHED GMVEL� 645E COURSE AT 95% MINIMUM COMPACTOR PER PASHTO T-99 I Jql Cz ZS C A L EC 6I \\AV ` 150 • I. ,R VARIES 18.7'TO0.0' ANDY PANT 9.0' \ \ \ \ 2 COATS 4' WIDE STANDARD PARKING STALL STRIPING DETAIL ( 4� NOT i0 SCALE 2 20.0' -BLUE PAM 2 COATS 4" WIDE yl 8.0' 9I 90 HANDICAP PARKING STALL STRIPING DETAIL T5� NOT TO SCALE 2 BLUE 2 COATS PROPERIY ONE- REMOVE & DISPOSE OF 4B L.F. OF EXISTING MORGAN) HE REMOVE & DISPOSE OF 208 LF. jr OF EXISTING WOOD FENCE HANDICAP MARKING DETAIL 6 \ \� NOT TO SCALE 2 \ 25.0' 225' -- 1.0' R3 (TYf 20.0' 9.0' (TYR.) OF 4) REMOVE & DISPOSE OF 353 LL. OF EXISTING CURB & GUTTER R 3.0' (TYP. OF 4) I' I R 3.0' P. OF 4) 1.0' 225' 12' OF SIRUC111RP1 SUBBASE) '7 NATIVE MATERALJ/ TYPICAL PARKING LOT SECTIONN \1 NOT TO SCALE 2 R STRAIGHT CURB DETAIL 2 NOT TO SCALE 2 VARIES 4" CONCRETE 2R e COMPACTION SB SIDEWALK DETAIL 3 NOT TO SCATS 2 BIDEWPLK NOTES 1. PORTLAND CEMENT CONCRETE SHALL BE 4000 PSI WITH 3/4" MAMMON AGGREGATE AND A 28 -DAY STRENGTH OF 4000 PSI, SR 2 1% AR CONTENT WITH A MAXIMUM SLUMP OF 4'. 2. CONTRACTION JOINTS SHALL BE SPACED THE SAME DIMENSION AS THE WIDTH BUT NOT TO EXCEED 5' EACH WAY. CONTRACTION JOINTS SHALL BE CONSTRUCTED BY SAWING OR SCORING. A TOOL SHALL BE USED WHICH WILL LEAVE CORNERS ROUNDED AND DESTROY AGGREGATE INTERLOCK FOR THE SPECIFIED MINIMUM DEPTH. CONTRACTION JOINTS SHALL BE A MINIMUM OF 1/4 OF THE TOTAL DEPTH OF TAE CONCRETE. 3. EXPANSION JOINTS. USING 1/2' PREFORMED BIIDMINOUS JOINT MATERIAL SHALL BE SPACED AT INTERNALS TWICE THE WIDTH AND AS NOTED ON PUNS AND DUALS. PLACE 1/2" PREFORMED BITUMINOUS JOINTS AT THE TERMINOUS POINTS FOR CURVES AND WHERE SINEW" IS PIACEO BETWEEN TWO PERMANENT FOUNDATIONS AND ALONG THE BACK OF WALK THE FULL IENGTH. 4. ALL EDGES AND JOINTS SHALL BE ROUNDED WRH AN EDGING TOOL OF A MINIMUM 1/4" RADIUS. SURFACE SHALL BE BROOM FINISHED. 5. GMOE, AUGMENT AND FORMS SHALL BE INSPECTED BY THE ENGINEER PRIOR TO POURING. NO. O z e <: Z �o FCC yw W g c W Na CccJ J Z¢ OE') 0 = UC) Mw d z LO60211 Z J a W Fn OF PLANT SCHFDULF (BASEBID) GN 0 5JH KEY I BOTANICAL NAME ICOMMONNAME I SIZE I NOTES DECIDUOUS SHADE TREES pG MaSMYa pm;w mmac stymy w ammeenma am WwMA xmMs•s'udemaakV MVMade qpa mawrwpre aamma xearem 9ehawWrllmYUHamylmisl s Pwi en nL, m MN�9em I mmmaL sae rrcm. ORNAMENTAL FLOWERING TREES _ ym�aA.elmMrLear tyre CONIFEROUSTREES yAa_ =coca acw rdyaXdwsadmmlr PA imraxklele — &WRmy PYp SHRUBSIPERE14NIALSIORNAMENTAL GRASSES aeppd¢� a mm rMlsoi PuuavOa9erry_ _ _BGM.. 9anna'Gmm AYunmb' ouNamB�rvsd elaMV npada' pnX6wN-o OUY R___ SGeI. Fmnl .-lm__omdiasrenaeeom' smSamgoOMm _ '—__ SGay__ IT i�meapa�mmmmlumeemcmr __ _ epe�.lwm. —Mp— M=MNa ciu3_YYm azl�Ore n_G� _ _ __-__ Paam.amm. w .PH-- ond3n HamNT grail FnmlaAGe __ _ 5 6GR _ __ P GlYeadenNd_aryNPNmz' Pl khni¢vx .___ --pnnca.Egda bmr TmM1, __ _59a1—_ 7 -Relocated Trees e 2 -PH B STOP 1. ® .FLAN 1 R VmJ� LGT 6PH T \ \ TPH 0 PREVAILING WNO OIRECPON O �V, �' _ muoMp AW xPugT m o� 777777 C, Nw>ea qxo >R — T HrGYSl grpi eg ' 1 9NLL Az E' pi T(1PVI5IANC QIXG rzgS .s EEc al EaMnTI a xall l /r MA re. sccrp y(,,m YI / Aora IrcGee {✓G o 9 5 AN(5 PMA{IEL la PPSYWPIC norol0.1 S NYq; BMn" IMOI UYFn. XEEP IxlrtfRl IO f0.'AlF tlOAN M.fq ]' AWAV iXiYA RMV% IAEH[sl RaaR _ ;rfi 6A(%!RL MM SOL PIAXXVG N[ ar S^E¢NGIMNS fM ALpPM/d fpm, Ia v XOSINALL IF �Wy4�1+•_� SINpfIIL AMAP IS un Ts rs MMaa _ gWR]ll Irar eT 7 bp' EwnERLr s[u6xo roru cI'a H.1) I�l� rvncn MMErs noor MXdnLE Iril�l =T= —I u\amx,Bm amsm a poultlnu DIAMETER NOTES: ria gWlagLL alpMEnn 1. THE... CFTnEESIsio XEIXEWMMCTOX•soplld{xIXM1EVFI{T1ECgarMClpiAnF9Pg151CLEro �EnaRHTSHL nErMRVEaorlac EN OFTREONPTT1EYnEMW81MIGIRFgiq MINXIW CFIYFM. µ1H0 9XMl0EgEMOVEOpTT1E EXOOFT1Ep1EYFM WpNVMYpEpIOp- ] oEMW.40FnUNAPNIOTWINEFpCN}Op OFflLOTCPLL6NY0EFMFgWEUFptW WYS gTCOMMLloK9 T 3. Vi T1EEJENTOF gP1E3lIg1 q! IgcKOFLLMIIYpIIHEdUN1NCy^ TIECtlIRtY, qM1 I3 TGXOTFYT& I� WIOLCMEOACMIECi CEFOHEppoGEFLWG IFNP9CpLEGGMPAGfGp ISTONOIIFYTHEIN,osWPE 1MNNECIMDOWHERPNNN Ta11HSIPIUTN.W 6 HPHi MOTFNV_ 5 are, WKaMET.. SCURETCTNETITTHESTHEE 5aJ10 LTANE911SXIGERXMT1ESTplppnopVFIFA1pE ENMMXGREE .G.. THE TRE,.TXE3TrVm9 NRI1GpLVPN¢EOMNSTO PpEYFMMIPPgPE. ', . THEIefENTHA1V0ff VRUE PRENnpSrN NWXS iXE EVEMXMCPON 6086 PXEVEMTpEE%N,TX.pEOETNLW,I.VTEYTIE WI.SGpE NN:HREGi UW Wwmv. %n1 CONIFEROUS TREE PLANTING o pq I.T IA WM]GIXYIW M I. In MM qJl£ RIE SM Tf.) RI HE 1-z' AMK IM Sbt IVIS 9 PREVAILING MNO O(RECPON RanAr `. f4LMLSKLLYIL VMEFE S. Xre0L a ....FWo p.SSU[) rp R ql 6M9L poor Ppaoc �p�fF,SY P� �sEMo'rf eEromwnTB apumxs .1 S]' XAwv sow IDL ux uMSu � StlL/AroI PR@E APWAY IMNN A W TRIW IgWXJ P gIRRIX 1 \ \ E F`g���,„� ""- 'ErJ511XpjblCckw. SITE PLAN SCALE P='XI' APo nEe ENNL 6E pEYUKU ANo e,T, -NGµmIP rmu 4VWq IG nNsl I xlR6ffl pltl, HE, En", a. R nYMC IPIV IW 6 BPLL AEIE4 SIpNW4 EEE re, 2 REEK IMgI G1Eq - T TPM - WGne,�EqWM SOL M6 NM 'IGIIIXIE E69 IdYIXYIAI XNgIW 110.V Tor. .1. NOTES: T Iry E�SEgI INGO TNEE31s TCBETIECC Tp l..6 ION:IF]WE TXEAYRgeLrONI3RE SMLETO 9 �MWA'_ff6IUMNlB 1pdNE llLiq.I LOPOFflOOTglIMgYBETA51%In£OFONrm qIK qTW OMn RO93 9. Ix ec EYEXi OFp UUE6(IONpILACq Cf gpNIYgYTIEpppyENGS.TIECON!(NCIONISTONOTFYTIE �OSC�E gNCHRECFXFFOpEpgOCEETING .EELJ X, OS ECg1iMCTCR I4LBHOTIFYTNE WIOSOODEAAgINELT PgCq T11NCTPLUTgi C£PIN1F4gTEAV1. NWJBMWNOTIETRETiUXN3NIOMp1L ER 1NBHTETR EC ETR, p1FlWBEEIGMTINCMeTIIB0. rxeTFemmEsrpxEawrmcuvpxv nxuLsie PrlELreFMUIwpcE G MTxE EVEMIWI0pgM 60ns PgExExTTnEEPuxrlxc AsoErexW,xG]IFYTxEurvoscueuaTnrWT INMEGwELv. o DECIDUOUS TREE PLANTING�T.S.TE 1N I. [L N SHRUB PLANTING p.TT.6CrtE ExIEHR. PVNTE TOOE N... ll EI(ILiINGRPMI3NNEMNp PLWIS TO BEI—cEO t, F��l KMMMATW9fl SNF010 iO0E •� EOOMIBpe SPEG FIEo r©® CWLOFAspssFECIFlED ` RNIT Iner'. I%AVXEY LANDSCAPE PLAN NOTES 1 m.anrYmamob Ranm,pamm momumm.�rdmnrmmmmm ¢IaLbwRwlMmxWUWON. z. Nipanmxw eweammmmndaareq gmdrcanpeama9mRlMOmnmWx a, o-yMm�nWwmab&belnelWMu Por AohW anEwltradap-rNmMa. Ywrmsaabmawi9 rMbb,gabnmMam 0Mo¢ub¢imlMau al"E' Apel MawihneweYtltlnhMmpeaWml E.BAXabmmalarlW YenbmbNolaxaYg,wMlg.rMmM,aYbMpHema'/. S. mMrvrRbamraJba^Warel'.rtlWMIMs®Poa+bANd XIamJIYM. xoMW We TREE PROTECTION NOTES: 3. PMxAUwumm WSunXtllrenbberelaNJm Yp' -Oqm wepYpmeAmawgawayaaMavW mJsl wf hm Napemtrutlea. - Ire P�WPm+MbezenYlwpwbnno bye ®wW watt w�.spa,N9�wA.w�.XY�W�am��Nbaw.mYn.mXw�b9n�Xa �m a� rzuw =Ix'mrope.myx .neuyYMnmw Fu W n.we'mpcaw Xmwrw.w.mw.. nrle•wr.,N a.m,'.>,war..ww:w..a. PROJECT CALCULATIONS EET7WHE WzalCMny .Z/F®I ETaEETIROTAP+6slE W lnnv T— 249L ah,AMpe-7bmrga.7[a— o.I T RRR r c 6UCOM9m nnaa CPTEA FOR [MM W, OPEN SPREE .. Wuli xmga9xmM. KiOEW PKONOEDON WIMgN UnTe TOFN NWNEq KTgEF6M'OSPFL ESM IL TolelnumbwrdYve¢qalEM=SB/Claul=]/gxsll=i6lEregem=FB Rd9wNlWaa nwnhrtlape4=9 mmbn'MaPeWz=6 wl..oP1A�9 1 aeeuy mw: —.1 nmgabz.M9b Nmae..amr-1rcmx xa aRe are awfnaw medlamemrar9'wgRno- Na.Y peat -Hal AMdape atlelmaa pmrw¢.dmMa W¢ g .a galq'ez YenuyM W. Cnmry la- - .. ane.M.. Xn¢le comma M—. ma Rr". mE PROJECT DIRECTORY Owner Architect Ph. Fax. Conical: Landscape Architect The Land Group, Inc. 462 E Snore Drive, Suile too Eagle, Idaho 83616 Ph. (208)939-4841 Fac. (208) 039-0445 Conlacl: Mark Today ^3— l SBY'gl'30'E 290.04' (ASPHALTIC PA'JEMEN] 10 \\ \ WEST CHERRY LANE (90' PUBLIC R/W) 0 \ s0\' IM \. \\ PARCEL B 6' CEDAR FExcE 595 M. \ \ 54,054 9R.P}. Jr, \\ 1,291 OGY89 P FHDI SPEgAL D IL E EASEMENT AV K \ SP%[EPTION \�\ eglpq T$ r91b96 \ I TOPOGRAPHIC LEGEND�r \. i° AC GROUND SHOT3 \ ® \ ----- –--- _ T. TOP OF CURB v\� X \\ 6 ® WELL i a TOP OF CONCRETE \\.AMJ6 UP!i'L.vTTFC T6 TOP OF BANK \.s \\ \ RD�p°Re Tw TOP OF SLOPE •;C�j. '?'yVj 1 TOE OF SLOPE h • e�,I,Y a^ye\\ } vv TOP OF ASPHALTIC PAVEMENT+ISM'\ m EDGE OF ASPHALTIC PAVEMENT V ^ D' GRAVEL NRIGATIO ROM IENANCE ' ' J \ \ ' 000 \ 6 A 3Br�R\ EY 16 ♦Ay]\\ I � �f �80 \\\ I tl CURVE TABLE F� \ _ \ \\\ b -KY.RADA15 DELTA LENGTH BEAPNL CHORD Np \ I C-1 665M 01.04'13' "6.21' NB9.05'4]"M Y36.20'+Nh Ab N.-ACI!�LINE� LEGEND _rf BOUNDARY LINE F1 :y`�\ \ �L0 --- – — CENTER LINE -------- EASEMENT LINE x EXISTING FENCE LINE UNDERGROUND TELEPHONE LINE "F1` % SANITARY SEWER LINE `\ m STORM DRAIN LINE +_A P OVERHEAD POWER TINES �n --RP EDGE OF PAVEMENT'Dh ORIGINAL LOT/PROPERTY LINE ^�5• EXTRUDED CURB VERTICAL CURB 6 SUTTER !'<; 'JADl111JJ1�1JT1. EXISTING BUILDING ASPHALTIC PAVEMENT CONCRETE POUND BRASS CAP O FOUND 5/8' IRON PIN a FOUND 112' WON PN • SET I]2'x24'IRON PIN W/ CAP o CALCULATED POINT. NOT SET 0 MANHOLE Cd CLEAN OUT POWER POLE p POWER METER LIGHT POLE IN GAS AFTER T6 TOP OF BANK GRADE BREAK O TELEPHONE RISER ODECIDUOUS TREE EVERGREEN TREE --IA. UNDERGROUND GAS LRE — — -- FOLDING SETBACK LINE \\ VICINITY MAP 1. — EDGE OF GRAVEL '€ lasso• _ z '�- _ ZONING d , X,11 __— -------- ___NJ., z zC p ZOLB CN SETB 9r9Pv NI BLn`RONTu2s 5 SINE I.- MCA 0•R25' SOL. SHE 0' _'0000'M 8551 MO.BF.M.EWHT 35' 1 — m--- SPACES RE Eq EO 5 OpeE 200 SOFT. Gg056 FLOOD SPACE IRETPR STORES) II J SPACES INAAPED ♦9+S]M ACCESS CASEMENT TOTAL O (PROPERTY NOT GEVELWOM 7— ACCESS SNAENT SPECUL EXCEPT O. NO M / WE BUILDING SETBACKS AW PARKING REpUWEAEMS ARE BASED ON TFE DOUG i CITY SORT F M.N. ]GANG.RWIAHCE W EFFECT T THE DATE W THIS OR . V 00 HOT REFLECT SETBACRB µ0 PARM. RECUREMENTS THAT N Y NAVE BEEN OGTERENT AT HIRE OF ISSUANCE OF A BIALW T PERMIT M CUMCATE OF A5NWLTE PMKING LOT OLLUPPNCY. S w To I! I / I I i I � ✓nB 89.59 55' W�NI55 I S _ ETBAGK LPIE^Ir / ., Rmee CW PARKING I. jiRASX ENCIOSNgE Imo! I I I FJh C R9 "s. N 09.59'55° Y 9500' 338-3329 REST CHERRY LPBE FSTORY6.0RONG 59 "PAPE FEET -EFT Eh F .,.. 1 LEGAL DESCRIPTION PARCEL I A PARCEL OF LANG LYING IN TIE NORTH WARTED OF BECTON b• TONNSIW ED 3 NORTH. MANI VEST. WEE PERIOD", OA COUNTY. BAN.. MORE PARTEBLARLY DESCRIBED AS FOLLOWS BEGINNING AT THE SECTION ORDER COPMON TO SECTIONS 3,2.11 ARM SAB SECTM 0: THENCE NORTH O9'91'3B' WEST 530.00 EET TO A PONT. SAID PONT BEING THE REAL POINT W O"PROG THENCE SOUTH 0 2a6L9.22' WEST 383 00 FEET TO A PONT! THENCE MATH 46 21356.38' WEST 2]4.92 FEET TD A PONT THENCE RUTH 23 21851.3X' WEST 25.25 FEET TO A POINT: TWOU SOUTH 89'41'38' EAST 29000 FEET TO THE REAL DIM OF BECOMING . EXCEPT THAT PORTION CONIEVED OT AOA COUNTY NORWAY DISTRICT BY MED RECORDED NOVEMBER 21, 1999 S WETRUAOR NO 940200 BECOOS OF ADA COUNTY DAW, PARCEL 2 CASEMENT FOR NUESS AND EGRESS AS SET FORTH W WSTRUAUT M. 97060924. BSMG A PORION OF LOT 2. BLOCK I. GRO¢RY BAG SPERWA M. RECORDED IN WOK 75 BE PLATS AT PAGES ]644 A. 7695. RECONS BE AOA COIMTY. NO. J i.OT111-0(]Y: i m 309-59,1E 0.00• SPECIAL EXCEPTIONS THE MdIWMY WFORPATION AAO SPECIAL EXCUTENG FOR THIS BW VEY WERE TAKEN FROM )BLE MILKY COMMITMENT NO, NC¢z02956-VAI. FORK. BY i@9! AMERICAN BIAWANCE COMPANY. GATED NECMBFM 0. ENS ANO As EOLLOVR 13, LICENSE AGREEMENT WON TERMS, CONDITIONS AND P RARGIONS CONTAINED THUM: GATED: PARTIESA I HAB AFRBIAN W IGATKW 05TMCT AND JAMES D, FILLER RECORYW: APBC. 25. 1990 ws.".. Nu+ 902"9- NOT PLOTTARLE 14. EASEMENT. BOTTOM TERMS AND BRONCO. C(H)AINED THUMB: BECOMING INFORMAMI: 94Al2RR IN FAVO 0" ABA COCKY HIGHWAY DBTRET PICOTFOR: PICOTT BE WAY As PLATTED 15_ GRAM HE WATER AW 9AHITARY SEWER EASEMENTS AND .N.A. A"WEMEM WON THE TERMS. COMMONS AM PROVISIONS CONTA"W NOR.,OATEO. PARTES AWFNTSON'S, WC. 90 WALLACE D. LOVE" AND WYTA OVER, WSBAND MO WIFE RED BOND= J 1E 25, 1997 INSTRUMENT W. 9]050129 PLATTED 15, [RANTYJNAL OECLARATION OF RESTRICTIONS AIA GRANT OF EASEMENTS. RECORDED. Y 31, 097. AS INSTRHMBIT N9. 9]060924, RECORDS OF ADA COUNTY, IDAHO. AS PLATTED N 30 15 0 30 60 90 SCALE IN FEET I- = 30' CERTIFICATE OF SURVEYOR 70, ACDONMD 5 CORPORATION FIRST AMERICAN TITLE NSUNANCE FAAPANY OF BANK NATIONAL COMMERCIAL DEGREESAND THE TIER RESPECTIVE SUDDES50R S AW ASSME THS N TO CERTIFY TWT THIS MAP OR PLAT AHD THE AIRVEY VIKH B S BASED MEAS XABC ON THE "MON .2006 O LOWN THE IMRVGI¢D5 gHPEgV610N AXD W ACCORDANCE WON -ANACA STANDARD OCTAL RUV REMEMS FAR ALTA/ASCA LAND TITLE SONNETS'. JOU_Y ESTABLISHED AND ADOPTED BY ALTA, ACM AND AUS W 2005. TND DELORES ITERS 2, 3, 4. 6, ](U. 3(81(0, B. S. 10. II+A) IAS To BILPES. SIBFACES MTTEAS ORM AHD N OF TABLE A THEREOF. PINSUAM TO THE ACEWAEY STANDARDS AS ADOPTED LEALTA. NSPS AND ACSA AND EFFECT DN THE DATE OF THS OTFCATION. WBERSIUIED FWi1WR CERTIFIES THAT N AY PROFESSIONAL OPTION. As A LAAO SURVEYED REGISIERW N THE ATE W M BARO. THE RELATPOSRIONAL ACCURACY OF THIS HUNKY OOC NOT ERCEEO THAT WHICH IS SPETIFU THEREIN. NOTE m A.L.T.A. SURVEY FOR 3 2 MCDONALDS U_SA LLC BENCH FOIRN BPPAARK SS CAP .FIAT.OECD « ---°' .�-GME_ NO B A PORTION OF THE NE 11/4, SECTION 10, T.3N., RAW.i B.M., ,A...,.pi Xs -G .uc MERIDIAN, ADA COUNTY, IDAHO fy,11' II e, I[ N' WATER LIME EASERENT PEGAL ERCEPTICN NO. IS BI J £ 1 I '€ lasso• _ z '�- _ ZONING d , X,11 __— -------- ___NJ., z zC p ZOLB CN SETB 9r9Pv NI BLn`RONTu2s 5 SINE I.- MCA 0•R25' SOL. SHE 0' _'0000'M 8551 MO.BF.M.EWHT 35' 1 — m--- SPACES RE Eq EO 5 OpeE 200 SOFT. Gg056 FLOOD SPACE IRETPR STORES) II J SPACES INAAPED ♦9+S]M ACCESS CASEMENT TOTAL O (PROPERTY NOT GEVELWOM 7— ACCESS SNAENT SPECUL EXCEPT O. NO M / WE BUILDING SETBACKS AW PARKING REpUWEAEMS ARE BASED ON TFE DOUG i CITY SORT F M.N. ]GANG.RWIAHCE W EFFECT T THE DATE W THIS OR . V 00 HOT REFLECT SETBACRB µ0 PARM. RECUREMENTS THAT N Y NAVE BEEN OGTERENT AT HIRE OF ISSUANCE OF A BIALW T PERMIT M CUMCATE OF A5NWLTE PMKING LOT OLLUPPNCY. S w To I! I / I I i I � ✓nB 89.59 55' W�NI55 I S _ ETBAGK LPIE^Ir / ., Rmee CW PARKING I. jiRASX ENCIOSNgE Imo! I I I FJh C R9 "s. N 09.59'55° Y 9500' 338-3329 REST CHERRY LPBE FSTORY6.0RONG 59 "PAPE FEET -EFT Eh F .,.. 1 LEGAL DESCRIPTION PARCEL I A PARCEL OF LANG LYING IN TIE NORTH WARTED OF BECTON b• TONNSIW ED 3 NORTH. MANI VEST. WEE PERIOD", OA COUNTY. BAN.. MORE PARTEBLARLY DESCRIBED AS FOLLOWS BEGINNING AT THE SECTION ORDER COPMON TO SECTIONS 3,2.11 ARM SAB SECTM 0: THENCE NORTH O9'91'3B' WEST 530.00 EET TO A PONT. SAID PONT BEING THE REAL POINT W O"PROG THENCE SOUTH 0 2a6L9.22' WEST 383 00 FEET TO A PONT! THENCE MATH 46 21356.38' WEST 2]4.92 FEET TD A PONT THENCE RUTH 23 21851.3X' WEST 25.25 FEET TO A POINT: TWOU SOUTH 89'41'38' EAST 29000 FEET TO THE REAL DIM OF BECOMING . EXCEPT THAT PORTION CONIEVED OT AOA COUNTY NORWAY DISTRICT BY MED RECORDED NOVEMBER 21, 1999 S WETRUAOR NO 940200 BECOOS OF ADA COUNTY DAW, PARCEL 2 CASEMENT FOR NUESS AND EGRESS AS SET FORTH W WSTRUAUT M. 97060924. BSMG A PORION OF LOT 2. BLOCK I. GRO¢RY BAG SPERWA M. RECORDED IN WOK 75 BE PLATS AT PAGES ]644 A. 7695. RECONS BE AOA COIMTY. NO. J i.OT111-0(]Y: i m 309-59,1E 0.00• SPECIAL EXCEPTIONS THE MdIWMY WFORPATION AAO SPECIAL EXCUTENG FOR THIS BW VEY WERE TAKEN FROM )BLE MILKY COMMITMENT NO, NC¢z02956-VAI. FORK. BY i@9! AMERICAN BIAWANCE COMPANY. GATED NECMBFM 0. ENS ANO As EOLLOVR 13, LICENSE AGREEMENT WON TERMS, CONDITIONS AND P RARGIONS CONTAINED THUM: GATED: PARTIESA I HAB AFRBIAN W IGATKW 05TMCT AND JAMES D, FILLER RECORYW: APBC. 25. 1990 ws.".. Nu+ 902"9- NOT PLOTTARLE 14. EASEMENT. BOTTOM TERMS AND BRONCO. C(H)AINED THUMB: BECOMING INFORMAMI: 94Al2RR IN FAVO 0" ABA COCKY HIGHWAY DBTRET PICOTFOR: PICOTT BE WAY As PLATTED 15_ GRAM HE WATER AW 9AHITARY SEWER EASEMENTS AND .N.A. A"WEMEM WON THE TERMS. COMMONS AM PROVISIONS CONTA"W NOR.,OATEO. PARTES AWFNTSON'S, WC. 90 WALLACE D. LOVE" AND WYTA OVER, WSBAND MO WIFE RED BOND= J 1E 25, 1997 INSTRUMENT W. 9]050129 PLATTED 15, [RANTYJNAL OECLARATION OF RESTRICTIONS AIA GRANT OF EASEMENTS. RECORDED. Y 31, 097. AS INSTRHMBIT N9. 9]060924, RECORDS OF ADA COUNTY, IDAHO. AS PLATTED N 30 15 0 30 60 90 SCALE IN FEET I- = 30' CERTIFICATE OF SURVEYOR 70, ACDONMD 5 CORPORATION FIRST AMERICAN TITLE NSUNANCE FAAPANY OF BANK NATIONAL COMMERCIAL DEGREESAND THE TIER RESPECTIVE SUDDES50R S AW ASSME THS N TO CERTIFY TWT THIS MAP OR PLAT AHD THE AIRVEY VIKH B S BASED MEAS XABC ON THE "MON .2006 O LOWN THE IMRVGI¢D5 gHPEgV610N AXD W ACCORDANCE WON -ANACA STANDARD OCTAL RUV REMEMS FAR ALTA/ASCA LAND TITLE SONNETS'. JOU_Y ESTABLISHED AND ADOPTED BY ALTA, ACM AND AUS W 2005. TND DELORES ITERS 2, 3, 4. 6, ](U. 3(81(0, B. S. 10. II+A) IAS To BILPES. SIBFACES MTTEAS ORM AHD N OF TABLE A THEREOF. PINSUAM TO THE ACEWAEY STANDARDS AS ADOPTED LEALTA. NSPS AND ACSA AND EFFECT DN THE DATE OF THS OTFCATION. WBERSIUIED FWi1WR CERTIFIES THAT N AY PROFESSIONAL OPTION. As A LAAO SURVEYED REGISIERW N THE ATE W M BARO. THE RELATPOSRIONAL ACCURACY OF THIS HUNKY OOC NOT ERCEEO THAT WHICH IS SPETIFU THEREIN. NOTE