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Chevron C Store - Fuel Island CUP9FFICIALS L WILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., CIty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF hIERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding (Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNC, WALT W. MOF, RONALD r, CHARLES M.~ GLENN R. B. P & Z COMMIS: JIM JOHNSON, Cha TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8: Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: February 6, 1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE: ?J13/96 REQUEST: Conditional Use Permit for a Chevron C-Store fuel islands and car wash BY: Avest LOCATION OF PROPERTY OR PROJECT: Locust Grove and Fairview. Lot 7 of Avest Plaza JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL dlSl'RICT HEALTH NAMPA MER![}IAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) ~_CITY FlLES OTHER: YOUR CONCISE REMARKS: R~~ ~ JAN 1 8 1596 CITY OF MERIDIAN ~ ~ CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: Avest ADDRESS: 9647 Pebblebrook Lane, Boise, ID 83703 GENERAL LOCATION: Locust Grove/Fairview DESCRIPTION OF PROPOSED CONDITIONAL USE: 4 , ~ n ~ s . f . Chevron C-Store, fuel island and car wash ZONING CLASSIFICATION: C . G . PLAN: A plan of the proposed site for the conditional use showing the location u~• ill buildings, parking and loading areas, traffic access and traffic cir`ulation, oven spaces, landscaping, refusa-and service arias, utilities, si/g~s~and yards (suhmi; copies). ~~~..1 ._ L / .y LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _. m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at ,_ _ , Avest Plaza SUBDIVISION, BLOCK 1 ,LOT 7 95134 HONE: 853-3711 TO ,~ ~~ ~ ~ ~ ARCHITECTS BRS Architects, A.I.A. 1087 West Riuer Street, Suite 160 Boise, Idaho 83702 Telephone 208 336-8370 Fax 208 336-8380 City of Meridian 33 E. Idaho Meridian, ID 83642 Attn: Shari Stiles January 10, 1996 Dear Ms. Stiles: Re: Conditional Use Avest Plaza, Lot 7 BRS Project No. 95134 Consistent with the approved development agreement, Avest respectfully requests Conditional Use approval. to construct a Chevron C-Store fuel canopy and car wash on Lot 7, Block l of Avest Plaza. The site is presently vacant, is serviced by all utilities and is accessed via the previously-approved loop road. Additionally, this facility will contain a drive-thru window located along the north side and generally accessed from the southeast. Further, the applicant acknowledges the need to pay additional fees, if necessary, associated with the proposed use. We believe. the use is consistent with the development agreement and meets the requirements of the City Ordinance. I am sure you will concur, and that a positive recommendation will"be forwarded on to the Planning and Zoning Commission. BRS:cw` cc•` Dakota Devel Avest - Roge ! • 01/16!1996 13:18 1-208-343-4954 DAKOTA DEVELOPMENT AFFIDAVIT OF PUBLIC HEARING STATE OF IDAHO ) )Sd COUN'T'Y OF ADA ) PAGE 02 I . .,~ ~ ~. (Hama) a seas being first duly sworn upon oath, tcity) state) depose and say: 1 . That I am the record owner of the prop~ tY described on the attached, and i grant my permission to 7J .K ~ to submit the accompanying application pertaining to that property. ~. i agree to indemniSy, defend and hold City Of Meridian and its employees 1+axmiese 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. That all of the items presented in the application ale true and correct and the property will be posted one week prior to the public hearing stating that a Conditional Use Permit has been applied for. Dated this ~ 7~ day of `, 1995 ~. s gnature) ' _~~ SUBSCRIBYD AND SHORN to before me the day and year first above w~$.tten. y ' Not ~ 1 or Idaho Residing at: ~`1~r ~~r n:y commission expires: ~ v~-' O~l - ~~ file : lYOPx @1/1@/1996 @8: 5@ 1-2@8-343-4954 • DAKOTA DEVELOPMENT AFFIDAVIT OF LfiGAL INTEREST STATE OF IDAHO ) ) ss COUNTY OF ADA ) Z. ~ U't--S~ ~i r-~. L~~ ~~r~her4 11~r 1 O~ /l ~,~~a Iph ~~ . (name) (address) I J DD,,i~ ~ ~ being first duly scorn upon oath, ~cltY~- ~ state) depose and say: PAGE @2 i . That I am the record orner of the propertyy described on the attached, and Y grant mY permission to ~DDYwW/~RIiA~?.~/~, to submit the accompanying application pertaining to that property. a. I agree to indemnify, defend and hold City Of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. ~h Dated this 10 day of ~ ~ lgg~ (signature) 3UBSCRI88D AND Sf10RN to before me t e day yea first above written. NOta P lic f r Z aho Residing at: ~ ~~~ ~p ~`Qr' biy catianission expires : ~ c~ ' ~ ~ - 6 L~~ #ile:AOLI ©1I'1611996 13:18 1-208-343-4954 D(~KOTA DEVELOPMENT AFFIDAVIT OF PUBLIC HEARING STATE OF IDAHO ) )88 COUNfiY OF ADA ) r I , ,~ ~ ~. (name) a ress .~, (City} State) being Pirst duly sworn upon oath, depose and say: 1. That i am the record Owner of the prop tYY described on the attached, and I grant my pernsi$sion to ~ ~/L to submit the accompanying application pertaining to that property. Z. 2 agree to indemnify, defend and hold City Of Meridian and its employees harmless from say claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which ie the subject of the application. 3. That all of the items presented in the application are true and correct and the property wi1T be posted one week prior to the public hearing stating chat a Conditional Use Permit has been applied for. Dated this ~ 7 ~ day of ~, 1995 s gnaturs) SUBSCRI88D AND SI~RN to before me/n/the day and year first above written. I ~ ! A. / ~ ,• T Not ~ 1 or Idaho ~r,r '~7 Residing at : ~ ~ ~U ~nL~: +r { Dey commission expires : ~ ~ ' C~ - C~G~ fi2e:AOpH a~TYC7gi 4?[ sF r•+ v.y+~ ~ ~~ a~ ~ ~ a~ ~ ~ ~~ ~€~ ~ ~ ~~~ Rg~$ ~~ Z ae ~ $~~~~ ~4~~~~~~i~~~3~ ~ b ~A~~ ~~~ ~ ~ ~ ~~ ~ ~ ~ ~~ ~F ~~y ~ ~~~ ~ ~~~ ~~. ~ o ~~ ~~~ a~ ~' o ~ ~ ~~ ~gg~; ba ~ ~ ~ z Ag S ~~m ~~~~~ ~ ~ ~ ,~~~ ~'~ ~ ~'~ ~ v _ m RE S ~ ~ b x 0 a~ x, ~ b R $ D 6 I - /~- ~ ~ LOOP ROAD [~ ~ w y y y - I ~ ~ - A ~ ~__ ~ ~ ~t i 1 f ~ I ~ ~ ~ 1 , _ j . I 1 I 1 R E ~~ ~ I s b _ I ...~ < ~ ' I I r~ ~ ~ 1 1 - e m ~ i Y• ~ r o w I N_ ~ - - - - 1 7 ~ I ~ i1~1 ~ 1 m ] ~ C 1 ~ 1.. I 4 J]j ~ I I 1 4$ 1 6 ~ t ° I:. ! I ~6 1 } I ~ j J U ' ~ ----a-- - - , I a r' - o 1 1 0 1 ---- ~---- -~ ~ I : I 1 1 1 I I I - ~ --- I r ~ I W 1 ~ r 1 O r •°~ 1 l~ ~ L _ E ~1 ~ a ~ 1 ~ • F --> ° pt 1 1 ~ i : ~ • 1 1M V m a V A ~ ~ _w w ..............r..- -....... 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Q a ~ AYEST PLAZA ~ ~ ~~% ~ onllevlEw~tocustcleove MERIDIAfy1D.'w0 ARCHITECTS • --- I ~~ ~) f~~) I ~~ ~~ ~ ~ I I g I I o I .~ ,Q~ O I , I I ,.I I ~ I I ~4 I I ...~ ~ ~ I O ~ I ~ ~ R ~ I ~; i p g O ~ ~ I I I A i ~ 7 I i i I I ~ ~ I I i d I I I , o i : ~ I I ~ I ~ ~ ~ `' ~ ~ i ~ I I ~ I ~ ~ ~i ~ I ~ I I ~ i ~ ~ I I , i ~ ~ I i ~ ~ ~ O ~ ~ ~ ~ ~ I r 0 ~ i ~ I I ' ~Y ~ I , ~ ~ I ~ ~~ ~ ~ I ~ 1 A I € i ' O 0 ~ ' 1 ~ ~ v I I I I ~ 1 ~~ N m_ I I I ~ ~ ~~~ : ~ ~~ ~~ ~ I A f # ' ' 1 v __ ~ __________________________J I ' 1 p I - I > ~ I 1 L____ _______________________________J Q y~'.4' d °n ~~~ q d~ a 4 ~ ~'N~VRON CONy~T11ENGE STORE ~ i ~ ~ ~ "'~_~• E ~ P~ ~ AVEST PLAZA ~ i, calipvlEW ~ LOCUST GROvE rEmvia~• ro4`~O Ai2CHIT~CTB ~, _ I II N ii -i I I ~ II A II 11 m II 11 I I N II ii ~ I I ~ II ~ ii ~m 11 r I I ~ m I 1 II II s ~ I I . O I 1 II Z I. II II II II I II .I II I I i l 11 II II I I I I I I I I I I I I I I I I I I 1 I I I I I I I 1 I 1 I 1 I 1 I I I 1 I I I I I 1 I I I I I 1 I I I I I I I I I 1 I 1 1 1 I I 1 I I I I I I I i I I 1 I I I I I I I 1 I 1 1 I 1 I 1 I G A g a J ~§ o ~$ ~3 ~ ~~~ ~ ~~ ~~ I Di ~~ ~ ~- N ~ I 0 A 1 m I ~ I m tp I ~ I I m I ~r m I m ~ ~ b, I 1 6 .p _~ o 9 m m p~ C }' 6 g ~ ~ OHO 3 6 ~ ~ C'I-IF`~C~T~ CQj.~Y~~~G~ .rZ~~ ', ' ; B~ mViD tiA7 ~ ~ tl ~ ~ AvEST PLAZA i ~ ~ 1 F411TVIEW 1 LOOJ81 GROVE I->Ewcla~• ~°"O ARCHITECTS LJ iii -~ , I ~ :'s;. I A I ~. ~. ~ ~ I I , 1 ~: 4 ~_ i ~ s= i N~ , Ill m' < ~: , . ; ~ :: . ~ ~- ~ O~ U r' cn, 3: ~z .. ~ Z ~ N_ : '; ~ m , . ~ ~ I Z z: ~ v N `a f3 _ z c ~ A a ~ •; ..I d ~~ i 0 .o D` iv A fY.°... w?...4 4{ ~1 t I I ~-._ - I _. ~ _.-._.. ~---- I l m l I ~ ~ ~ Z ~. z 1%~ cu'C' 'S~:~9] 11 ~~ .. li A 3 z v ~ ~' b. -c r Z m N ~ ~ ~ n O. . c z 0 a c m,~ p I ~ ~ ~ i ~ ~ $ ~ ~ ~ I ' 1 { ~ t ~i f ~ ~ \ / ~ I ® ~ ./ ~ RIVER Sf ~ ~ NII PMM1LQR MT8 u ~ II {~ } l J ~ J Y ~~ I `l ~ ~ I I . . / ~ ®r ~ S rtE N ~ ~ !~ 1~ !/ 6-/ ~ I~ Z ~ ~ AVEST PLAZA ~ ~ ~ ~ ~, ~~ ,~ , FAIRVIEW/LOCUST GROVE MERIDIAN, IDAHO ARCHITECTS • ~ ~°~° '~ ~~ ~~ ~o ~~ ~~ ~~ ~ ~~ ~~ ~ r~ I~- J 11 II I II N 11 ~ i i _~ m 1111 ~ ~ ~~ ~ O ~ ~ ~ ~ .I iii 1 ~ II = 11 II ~ 1 1 ~ ~ ~ ~- A II „ II i 11 II ~ II I I --r 11 II II 11 , i A ~~ ~ .. m ~ II i II I I f T l I I m ;; i b .. ~m .I ~ .I ~ II ~ 11 I~ m b ~_ ~ ~ ~ ~ I g Ri H L i i m~ 1~ 11 -D II I I -'1 ~ I I __ O I I I I _ I I 9 Z i 1 1 I 1 1 I I I I I I I I I I I I I I I I I I I I I I 1 i I I I I I I I I 1 I I 1 I I I I 1 I I I 1 I I I I I I I I I I 1 1 I I I 1 I I I I 1 I I I I I 1 1 I I I I I 1 I I I I I 1 I 1 1 1 I I I 1 1 I I I I I I I I I 1 I 1 I I 1 1 I I I I 1 I 1 I I I I I I I I I I 1 I 1 I I I I I I I I I 1 I I I 1 N AA_< 11 I I t~ I I I I I I I I I I ggqE I I I I ~J ~ LT E n S a~ 3 13'-i' U ^ __ ~ o~n d ~ ~ ~ ~H£vF20N CONy~NIETICE STOKE ' ~ ~ ~, ~ ~ ~ m ~ a ~ AvEST PLAZA r ~ ~ ~ ~JOS~s+eo A) FdIRVIEi1J I LOCU3T GROVE Y~'P71dH, ~'~'~'~ ARCHITECTS T r -- R8 J ~~ c IRA MEAD '' ~"`°~~ T DOVE MEADOW8 - .. , , ~ PROPOSED ~ W .. ~ .. N SUBDIVISION p ~ .~~, ~ ~ p~ W .. ~ . ~ . . , _ o . .., . ..; . -. .. .,~. C-G . ~. ~~ o ~ . C-~ I- 'yp sy . _ z ~ ~ pN _ ,cFH ~,a '~ TF9 r _ r ~ FAIRVIEW AVENUE _ / ~ .I .~ ' 1 ~-~ C-G ~~ ~~ 1 ~ ~ ~.~ ~n~l ~ .. , PLEASANT VALLt:Y SUBDIVISION ~ I.J SITE LOCATION APPROXIMATE SCALE: 1"=340' . ~. k .+(: i «. I I 1 s... A i'. ; ail; {:. m~ :/: I I m z N~ , Ill -1 ` < a: m. ~ I , <. a 0, 3:= a z ~ . . i ~' ~ N_ ~ m . z ,r D ~ U Z. a z y ~ . N z i~ m ~ :0 a ~P -' n iri 7 N (1 b m 0 ~ ~° b° (, , • ~P ~ rt•-. li I I,'S j . fir... a_ I I ~IL`= m° I I I ..~(~ cu ~ 'i• s91 u I S EL F -- a •~ ~. z ~ ~ d _~ r ~ N `-" ~ C s r C O ° z is , o G / j~ r- ^ ~ . i i 4 ' i I i u n + 3 $ ~ ~ { ~ (~ ~ / ~ I ~~. I N187 WESf RIVER ST !Nl P!\410!S a>E p ° ~ ~ Fa 1 ~ 6 / ~ ~ ~ ~~ ~ / IST 1( I ~l . ~ ® I (~ _ ' ~ ~ • 9 ~} ~ SP, II~AI IO 87702 ~ ~ AVEST PLAZA ~ ~ ~ ~ ~ ~ , ~ FAIRVICWiLOCUSTGROVE HERIDIAN,IDdHO ARCHITECTS • ~~ ~/ ARCHITECTS BRS Architects, A.I.A. 1087 West Riuer Street, Suite 160 Boise, Idaho 83702 Telephone 208 336-8370 Fax 208 336-8380 AVEST CONDITIONAL USE RADIUS NOTICE BRS PROJECT NO. 95134 Additional Name: Lawrence Tuckness 1915 E. Fairview Meridian, ID 83642 • B1tS ARCHITECTS .1087 W. River St. Suite 160 BOISE, IDAHO 83702 (208) 336-8370 FAX (208) 336-8380 City of Meridian TO _. _.. _...... ..................................... WE ARE SENDING YOU ~4ttached ^ Under separate cover via delivered the following items: ^ Shop drawings ^ Prints ^ Plans ^ Samples ^ Specifications ^ Copy of letter ^ Change order ^ COPIES DATE NO. DESCRIPTION 1 Additional 300' radius notice with check 35 Reduced landscape plans 1 Executed affidavit 1 Warranty Deed THESE ARE TRANSMITTED as checked below: ^ For approval ^ Approved as submitted ^ For your use ^ Approved as noted BAs requested ^ Returned for corrections t ^ ^ For review and commen ^ FOR BIDS DUE ~ 9 REMARKS ^ PRINTS RETURNED AFTER LOAN TO US Avest - Roger Allen COPY TO Dakota Development - Tom SIGNED: Billy Ray Strite/cw It enclosures are not es noted, kindly notify us at once. ^ Resubmit copies for approval ^ Submit copies for distribution ^ Return corrected prints ~~~~~ ors ~aa~~~o~~a~ DATE JOB NO. 1117196 95134 ATTENTION ShariJJim RE: Avest • AVEST CONDITIONAL USE Property Owners within 300' of Lot 7, Avest Plaza D & D Supply 3303 E. Linden Caldwell, ID 83685 Ted and Tressie Snodgrass 2030 E. Fairview Meridian, ID 83642 David Leader 110 Parkway Drive Boise, ID 83706 Roger H. Allen 6904 Randolph Drive Boise, ID 83709 West Side Bible Chapel 2040 E. Fairview Boise, ID 83707 Fred Meyer P. O. Box 42121 Portland OR 97242 95134 t r • IDIDCH2SEN~TP Attached to commitment No. Issued by FIIiS'T At~tICAN TITLE IIs.S0~2AI~E CC~ANY FA-94105 AVFST/FRID MEYIIt This indorsement is made a part of said canmiitment, including any prior endorsements, and is subject to the schedules, terms, provisions and conditions and stipulations therein, except as modified by the provisions hereof: 1. Schedule A of the above commitment i.s hereby ameridded in the following particulars: (a) The effective date of the Cce:unitment including extensions is: AUGUS'P 10, 1995, AT 7:30 (b) The title to the estate or interest in the land is at the extended effective date hereof vested in: AVEST T,TMT'~'~ an Idaho limited nar~naral_ 2. Schedule B of the above Commitment, including any prior endorsements, is hereby amended in the following particulars: (a) The exceptions at the following rnm~bered paragraphs are hereby deleted: 11, 16, 17 (b) The exceptions at the following rnunbered paragraphs are hereby added: 18 18. Development Agreement dated June 1, 1995, by and between CITY OF I~t'IDIAN, a municipal corporation and AVESI' ~-~~ P an Idaho partnership, recorded JUNE 5, 1995, as InstnrmPx~t No. 95037561, Official Records. FIRST AI~2ICAN TITLE IIJSURANCE CCY~ANY COUN~IIZSIQQED~~~~~'~,~.~ . , l ~ ,~ ~.~ ~c. t-~,; ASSIS77,N~ SEQ2EI7iRY OONIl~II'Il~l'r IlVDORSEl~3d'r r~ ~ ~} ~ FORM NO. ~ 5C DATED: September 11, 1995 ., ~ ~ y v~ ) • r l~ (//VVV i Attached to fitment No. Issued by ~sRS•r AMa~IC~rr ~~ nas~Ar~ oo[~Atax FA-94105 AVFST/FRID MFF;YIIt This indorsement is made a part of said coimnitment, including any prior endorsements, and is subject to the schedules, terms, provisions and conditions and stipulations therein, except as modified by the provisions hereof: 1. Schedule A of the above Fitment is hereby amended in the following particulars: (a) The effective date of the Commitment including extensions is: APRIL 6, 1995, AT 7:30 A.M. (b) The title to the estate or interest in the land is at the extended effective date hereof vested in: AVEST r.TtKr~ , an Idaho limited ~-stnPrsh~ (c) Paragraph 4 is hereby amended as follows: SEE ATIACI~ SCI~ULE C 2. Schedule B of the above Commitment, including any prior endorsements, is hereby amended in the following particulars: (a) The exceptions at the following numbered paragraphs are hereby deleted: 15 (b) The exceptions at the following numbered paragraphs are hereby added: 16 gad 17 16. Er~cr'oaci~ent of a house, as disclosed by unrecorded survey prepared by W & H Pacific, Job r 94-124. 17. .Fences near or along the ~s'~erly and Westerly boundary of said premises, power lines, ditch along the Westerly portion of said premises, as disclosE~ by our' i_r~spection of the premises. FIlZSr AMERICAN TI'T'LE `~ ~ ~ I '/ASSISI~TI~' SECRETARY COM@4I'IME~I' INDORSEMIIVT FORM NO. WA-5C DATID: February 23, 1995 ~. ' SC~OLE C ~~ The l.zmd referred to in this ccmnitment is situated in the State of Idaho, County of Ada, and is described as follows: Part of the Southwest quarter of the Southwest quarter of Section 5, Township 3 North, Range 1 East, of the Boise Meridian, Ada County Idaho, described as follows: C.a^mleriCing at the Southwest corner of said Section 5 marked by a brass cap, thence North 00°26'34" Fast 240.41 feet along the West section line of said Section 5 to a point; thence North 89°33'26" East 45.00 feet to the REAL POINT OF BEGIIJNING; thence North 00°26'34" Fast 458.60 feet and parallel with the said West section line to a point; thence South 89°33'26" East 183.00 feet to a point; thence North 00°26'34" East 152.55 feet and narrallel with the said West section line to a point; thence North 89°33'26" West 163.00 feet to a point of curvature; thence 31.42 feet along the arc of a 20.00 foot radius curve to the left (chord bears South 45°26'34" West 28.28 feet, the central angle is 90°00'00") to a point being 45.00 feet distant from (when measured as right angles to) the said West section line; thence North 00°26'34" East 80.00 feet and parallel with said West Section line to a point of curvature; thence ' 31.42 feet along the arc of a 20.00 foot radius curve to the left (chord bears South 44°33'26" East 28.28 fe°t, the central angle i.s 90°00'00") to a point; thence South 89°33'26" East 1,054.09 feet to a point; thence South 00°27'04" West 796.31 feet to a point of curvature; thence 31.42 feet along the arc of a 20.00 foot curve to the left (chord bears South 44°32'56" East 28.28 feet, the central angle is 90°00'00") to a point being 54.00 feet distant from (when measured at right angles to) the centerline of Fairview Avenue; thence North 89°32'56" West 80.00 feet and parallel with said centerline to a point of curvature; thence 31.42 feet along the arc of a 20.00 foot raaius curve to the left (chord bears North 45°27'04" Fast 28.28 fit, the central angle is 90°00'00") to a point; thence North 00°27'04" East 154.00 feat to a point; thence North 89°32'56" West 185.35 feet and parallel with said centerline to a point; thence continued • S~ULE C QONTINt7ED ~'- South 00°27'04' West 174.00 feet to a point be' 54.00 feet measured at ri t ~ distant from (when ~ angles to) said centerline; thence North 89°32'56" West 406.00 feet and ~~~ parallel with said centerline to a point; North 00°27'04" East 165.00 feet to a point; thence North 89°32'56" West 153.55 feet and parallel with said centerline to a point; thence South 00°27'04" West 165.00 feet to a point being 54.00 feet distant from (when measured at right angles to) said centerline; thence North 89°32'56" West 70.07 feet and parallel with said centerline to a point thence North 00°26'34" East 165.00 feet and parallel with said West sec,-~tion line to a point; thence North 89°32'56" West 219.00 feet and parallel with said centerline to the RFAL POINT OF BEGIlINING, ~~/.~.~~ Form No. 1342(1982) . ~~° ~~~~~~ ~ ~ ~ ~_` /7j~,`~~_ _ i ALiA Piain Language Commitment ,Q7,rj, :~C/L/~ SST AMERI c 9 ~~ yam' ~': ~~~ N~~~ ~- \~~ 0~/0 - ~s "~~ First American Title Insurance Company INFORMATION :~ The Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Cgmpany will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject it Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE .TITLE INSURANCE COMMITMENT. TABLE OF CONTENTS AGREEMENT TO ISSUE POLICY SCHEDULE A 1. Commitment Date 2. Policies to 5e Issued, Amounts and Proposed Insureds 3. Interest in the Land and Owner 4. Description of the Land SCHEDULE B-1 -Requirements SCHEDULE B-2 -Exceptions CONDITION:: Y Paae i 2 L c 2 4 other side of 1 YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment, please contact the issuing office. • CONDITIONS 7. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument (b) "Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B -Section 2 may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Dare and the date on which all of the Requirements (a) and (c) of Schedule B -Section 1 are met We shall have no liability to you because of this amendment 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shalt be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an -error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: ccmply with the Requirements shown in Schedule B -Section 7 or eliminate with our written consent any Exceptions shown in Schedule B -Section 2. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. Form Wa 1343 (1982) ALTA Plain Language Commitment ~ • COMMITMENT FOR TITLE INSURANCE ISSUED BY First American ~'itle Insurance Company AG MENT TO ISSUE POLICY We agree to issue a policy to you cording to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Com- mitment Date shown in Schedule A. !f the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule Q The Requirements in Schedule B-t. The Exceptions in Schedule B-2. The Conditions on the other side of this page 1. This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B. ~`s 3 First American Title insurance Company BY ~~ ~(~ ~ PRESIDENT ATTESTG~~~~ , ` ,}, SECRETARY `~8`! ~` ~~~ ~ ^ ,~~ COUNTERSIGNED r ~, Page 1 _~ ~ i FA-94105 Your No. AVEST/FRED MEYER SECOND COMMITMENT SCHEDULE A TO: FIRST AMERICAN TITLE 200 SW MARKET, #1776 PORTLAND, OR 97201 ATTN: ANNE LOVELACE CC: DAKOTA DEVELOPMENT, INC. 380 E. PARK CENTER BLVD., SUITE #105 BOISE, ID 83706 ATTN: LARRY J. DURKIN CC: AVEST LIMTED PARTNERSHIP 9647 W. PEBBLE BROOK LANE BOISE, ID 83703 ATTN: ROGER H. ALLEN CC: ROBERT J. ENNIS 4477 EMERALD ST., #C-250 BOISE, ID 83707 CC: FRED MEYER, INC. P. O. BOX 42121 PORTLAND, OR ATTN: DAVE S. HUSK CC: FRED MEYER, INC. P. 0. BOX 42121 PORTLAND, OR CORPORATE LEGAL DEPT. CC: FIRST ~,MERICAN TITLE CC: W & H PACIFIC 2101 FOURTH AVENUE #800 960 BROADWAY AVE. STE. 312 SEATTLE, WA 98121 BOISE, ID 83706 ATTN: AD ZETZ ATTN: GORDON ANDERSON 1. Commitment Date: FEBRUARY 15, 1994, AT 7:30 A.M. 2. Policy or Policies to be issued: Amount Fee (X) (a) Ext. Owner's Policy $2,445,000.00 $8,482.50 ALTA Form 1402-92 (10-17-92) Proposed Insured: FRED MEYER, INC., a Delaware corporation (X) (d) Reissue Credit $ 46b.25 3. Fee simple interest in the land described in this Commitment is owned, at the Commitment Date by: AVEST LIMITED PARTNERSHIP, an Idaho limited partnership 4. The land referred to in this Commitment is situated in the State of Idaho, County of Ada, and is described as follows: SEE ATTACHED SCHEDULE C The records of the Ada County Tax Rolls disc~ose the above property address as: 1600 EAST FAIRVIEW KC Page 1 _~ i FA-94105 Your No. AVEST/FRED MEYER SCHEDULE B - Section 1 REQUIREMENTS The following requirements must be met: (a) Pay the agreed amounts for the interest in the land and/or the Mortgage to be insured. (b) Pay us the premiums, fees and charges for the Policy. (c) Documents satisfactory to us creating the interest in the land and/or the Mortgage to be insured must be signed, delivered and recorded. _ , (d) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (e) You must give the following information: 1. Any off record leases, surveys, etc. 2. Statement(s) of identity, all parties. 3. Terms, conditions, and provisions of the limited partnership agreement and any amendments thereto, of AVEST LIMITED PARTNERSHIP, an Idaho limited partnership. We require a showing of the power and authority of the party or parties who plan to execute the forthcoming conveyance on behalf of said partnership. Page 2 • FA-94105 Your No. AVEST/FRED MEYER SCHEDULE B - Section 2 EXCEPTIONS Any Policy we issue will have the following exceptions unless they are taken care of to our satisfaction. PART I: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not Shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public ~ records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Any liens, or rights to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. continued The foregoing numbered exceptions (1-6) may be eliminated in an ALTA Extended Coverage Policy. Page 3 _ • SCHEDULE B CONTINUED FA-94105 Your No. AVEST/FRED MEYER 7. General and Special Taxes for the year 1995, are an accruing lien and not yet due or payable. 8. Reservations in U.S. Patent, recorded in Book 2 of Patents at Page 474, Official Records. 9. Liens, levies and assessments of the Nampa Meridian Irrigation District, and the rights, powers and easements of said District as by law provided. 10. Covenants, conditions, restrictions and easements contained in the Deed to the State of Idaho, conveying a portion of the property adjoining, recorded August 9, 1955, ~s•Instrument No. 380794, Official Records. 11. A Mortgage to secure an original indebtedness in the amount of $400,000.00, and any other amounts and/or obligations secured thereby, recorded December 3, 1992, as Instrument No. 9283989, and re-recorded January 27, 1993, as Instrument No. 9306702, Official Records. Dated: December 3, 1992 Mortgagor: ROGER H. ALLEN AND VIRGINIA A. ALLEN, husband and wife Mortgagee: OSBORNE T. STENBERG AND SHIRLEY G. STENBERG, husband and wife Partial Release Agreement recorded December 3, 1992, as Instrument No. 9283990, Official Records. 12. Terms and conditions contained in Ordinance No. 654, by the City of Meridian, recorded November 8, 1994, as Instrument No. "~~ 94098999, Official Records. 13. An Easement over said land in favor of City of Meridian, for sanitary sewer right of way, pipeline, and incidental purposes as set forth in an instrument recorded December 15, 1994, as Instrument No. 94108853, Official Records. 14. An Easement over said land in favor of IDAHO POWER COMPANY, a corporation, for POWER LINE and incidental purposes as set forth in an instrument recorded January 4, 1995, as Instrument No. 95000497, Official Records. 15. Any facts, rights, interests or claims which a correct Survey would show. continued Page 4 ., • • FA-94105 Your No. AVEST/FRED MEYER SCHEDULE B CONTINUED NOTE: Schedule B - Section 1, requirement (e) 3. NOTE: General and Special Taxes for the year 1994, in the original amount of $1,106.30, Code Area 210, A.P. No. S 1105-33-6404, have been paid in full. NOTE: Pursuant to the State of Idaho insurance regulation: A cancellation fee will be charged on all cancelled orders, unless notified to the contrary, all orders shall be cancelled and a billing sent within 6 months of the effective date on the commitment. NOTE: Should you have any questions with regard to the items referred to on Schedule B, or need copies of said documents, please contact Kathy Cloepfil, Title Officer, at FIRST AMERICAN TITLE COMPANY OF IDAHO, INC., an Idaho corporation, 7311 Potomac Drive, Boise, Idaho 83704, or call (208) 375-0700. Page 5 • FA-94105 Your No. AVEST/FRED MEYER SCHEDULE C The land referred to in this commitment is situated in the State of Idaho, County of Ada, and is described as follows: Part of the Southwest quarter of the Southwest quarter of Section 5, Township 3 North, Range 1 East, of the Boise Meridian, Ada County Idaho, described as follows: Commencing at the Southwest corner of said Section 5 marked by a brass cap, thence North 00 ° 26' 34" East 236.41 feet along the West section line of said Section 5 to a point; thence North 89 °33' 26" East 45.00 feet to the REAL POINT OF BEGINNING; thence North 00°26'34" East 458.60 feet and parallel with the said West section line to a point; thence South 89°33'26" East 183.00 feet to a point; thence North 00°26'34" East 152.55 feet and parrallel with the said West section line to a point; thence North 89°33'26" West 163.00 feet to a point of curvature; thence 31.42 feet along the arc of a 20.00 foot radius curve to the left (chord bears South 45°26'34" West 28.28 feet, the central angle is 90°00'00") to a point being 45.00 feet distant from (when measured as right angles to) the said West section line; thence North 00°26'34" East 80.00 feet and parallel with said West Section line to a point of curvature; thence 31.42 feet along the arc of a 20.00 foot radius curve to the left (chord bears South 44°33'26" East 28.28 feet, the central angle is 90°00'00") to a point; thence South 89°33'26" East 1,054.09 feet to a point; thence South 00°27'04" West 796.31 feet to a point of curvature; thence 31.42 feet along the arc of a 20.00 foot curve to the left (chord bears South 44°32'56" East 28.28 feet, the central angle is 90°00'00") to a point being 54.00 feet distant from (when measured at right angles to) the centerline of Fairview Avenue; thence North 89°32'56" West 80.00 feet and parallel with said centerline to a point of curvature; thence 31.42 feet along the arc of a 20.00 foot radius curve to the left (chord bears North 45°27'04" East 28.28 feet, the central angle is 90°00'00") to a point; thence North 00°27'04" East 154.00 feet to a point; thence North 89°32'56" West 185.35 feet and parallel with said centerline to a pint; thence continued Page 6 - • SCHEDULE C CONTINUED FA-94105 Your No. AVEST/FRED MEYER South 00°27'04' West 174.00 feet to a point being 54.00 feet distant from (when measured at right angles to) said centerline; thence North 89°32'56" West 406.00 feet and parallel with said centerline to a point; thence North 00°27'04" East 165.00 feet to a point; thence North 89°32'56" West 153.55 feet and parallel with said centerline to a point; thence South 00°27'04" West 165.00 feet to a point being 54.00 feet distant from (when measured at right angles to) said centerline; thence North 89°32'56" West 70.07 feet and parallel with said centerline to a point thence _ , North 00°26'34" East 165.00 feet and parallel with said West section line to a point; thence North 89°32'56" West 219.00 feet and parallel with said centerline to the REAL POINT OF BEGINNING. Page 7 t a ~ q 8 U ! ~ Lr ~ = q '. R to ' ~„ p o o L CJ C ~ A c o 0. 6 yy ~ 6 j a W, ' I r e • a .. / a, w a V a WI ~ ~ h a l ~ ~ 1 ~ ~ i~ ~ ~. r ~ ~ ~ ((( 1{ N ~ `\ r ~ ~ ~ O U r~i ~~ s` ~~~ o: t:. O ~ d~~ ~ ~ w ~ ~ ~s I i rJ iN V ~ ~ Ji `~+6 _ ~4 <fi~_ ~ ! ~1 • ~ Y ~~ O ~ ;~ ~$~ ~~Z ~tih - w o ~,~ - ~~,K2 a a ~~6~ ~ ~~s x\bi ~ ~\~ Q ~~~~ o ~~~ W <~~ N 4) N W a ~ a y~~ ~ ~j{ •~~ H ~° = V i rnL ~$ i i C e W ~ ~ =~ ~° - / ' / CL1rleNn - lSYlil •.//AL.00/ b = 3~'•nyw v.`.Cw_,e aY WbON n ~ ~ T. x o In W o" ~ ~F,., U Q _~ a k{ 10.°. of ^ <i~ ~ ~ a ,`o o 5 t` 4~ .z n o~ 3z NNW ~ z ~ i ~ W O ~~ cod Z <; ~~~ s i ~ .~ W .1 W 2 M u7 O F U W ., s- (~ a'i: ~~ p O r ~~ :r g ~. u i a ~ ~ is o::r /CCH .a MYL.OON r u ~~.ac.fG VL ~ ON4 7 ~~' K/C+ ~B O7tYd7asa t66. bj~/>p O7[ro al1r~ M~f177SY?:M 3~cltl t5/UO) Onr ' 7/ »rl+- r7t+d.rJ nr7d :M G'd OFOr-~rvrdr7B ~tl SdrB uo ~~ IIa 1 ~;$ ~z rt~ ~~~ ~ H 3_ ~z. PQ~~~~ ~•p~ ~ ~~ YVWN~ ~~ . $~dw~ ~r~1~' V X t ~~~i ~~~~< ~ ~ ~~aWa ~ I Q~I ~~ <a N p pp~ ~Z F~ ~~I oa /~ ~ z I ~= $~ '3~S ~y 8 gW " b ~ ~ ~tl ' .error ~ ~; ~ ~ ` r b~ ~~ a W a ~i ~ fii`'< ~ x ~ m t t ~ ~ ~ e ~~ ~~ g ~ < ~ ° ~ ~ I ~ a ~ _ ~ ~ I ~ I ~ I WI as ~ ~ O s 41 I j ~c,. ~ W~ + W W ~ ~~ Is A : ~e o • ~~ .p. Lr ~ N I ( yJy/ a {1 ~~ ~. i ~~ L n ~ ~~ v}i J Lti-Lt ~ y,~ Nou~35 - OYOd l+Op LS/17~) M(dVN ~.'^_ ~ J r'lL ~ (S!'0[fl ,tY0Ltl 1.1f.K00F1 o/ol 3~r• [t woq G3va tvta tS ~~ ro t+nKNg9n5 AWO g ~' 0 0 b 0 g is S~c ,a~~eRic ~ ~:- ~~~ ~/;s ~: PFMR02PUB 94 N E W M A S T E R U P D A T E AMERICAN 8/08/94 Parcel S1105336404, Code Area 210 Type Qty Value ACTIVE Name AVEST LIMITED PARTNERSHIP 010 3b.100 27597 Data From 100 .500 12000 Master BuyeY 190 3.400 Bank Code C/0 ROGER H ALLEN 310 40100 Lien Code Address b904 RANDOLPH DR Prepaid L.I.D. BOISE ID Bankrupt =~ 83709 - 0000 Sub.Code Anexation A Last Change 94/04/06 Sy ASR LAZEN From: Total 79697 To: 210 Legal PAR #b404 OF SW4SW4 & OF SE4SW4 Exemption SEC 5 3N lE #336410-34b605-C Grp 000 Typ 000 Ap #936b999 03NO1E056404 3N 1E 05 Hardship Property Zoning RT ~ Flag A~ ess 01600 E FAIRVIEW AVE MERIDIAN ID 83b42-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 NON-OCC F2=Select F3=Exit F10=Tax Alt-Z FOR HELPS VT100 :3 FDX 3 9600 N82 3 LOG CLOS ED ~~ PRINT OFF 3 ON-LINE TAX*MAIN PUBLIC TAX COLLECTION SYSTEM (NEW) 8/08/94 00000 5110534bb05 9:12:26 AVEST LIMITED PARTNERSHIP Bank= Tax Value: X3,000 RCGER H ALLEN Prepaid: H/0: 6904 RANDOLPH DR Bankrupt: HA: BOISE ID 837 09 Sub Code: CB Amt: Bill# 931182229 Cd Area: :~ Year BASE CHARGE Hlf NE T TAX RECcIVED HALF OUE TOTAL DUE 93 42.30 1 21.15 21.15- 2 21.15 21.15- CTION 93 Interest as of 8/08/94 .000% CF02-SELECT CF03-EXIT CF05-CALC Alt-Z FOR HELPS VT100 3 FDX 3 9600 N82 ~~ LOG CLOSED ~3 PRINT OFF 3 ON-LINE SST nti~gR~ c • ~` a y~~~ // TAX*MAIN *PU 5110533b410 AVEST LIMITED ROGER H ALLEN 6904'RANDOLPH BOISE BLIC TAX COLLECTION SYSTEM PARTNERSHIP Bank: Prepaid: DR Bankrupt: ID 83709 Sub Code: Year BASE CHARGE Hlf 93 950.22 1 2 8111# 931182227 NET TAX RECEIVED 475.11 475.11- 475.11 475.11- :TION 93 Interest as of 8/08/94 .000% i` (NEW) 8/08/94 00000 9:12:45 Tax Value: X67,399 H/0: HA: CB Amt: Cd Area: HALF DUE TOTAL DUE :~ CF02-SELECT CF03-EXIT CF05-CALC Alt-Z FOR HELP~~ VT100 3 FDX 3 9600 N82 3 LOG CLOSED 3 PRINT OFF ;3 ON-LINE TAX~MAIN *PUBLIC TAX COLLECTION S'rSTEM (NEW) 8/08/94 00000 S110533b400 STENBERG OS80RN T & SHIRLE'( G 3600 GREENBRIER BOISE ID 83705 Bank: Prepaid: Bankrupt: Sub Code: Bill# 921178972 Year BASE CHARGE Hlf NET TAX RECEIVED 92 938.68 1 4b9.34 4b9.34- 2 4b9.34 1+69.34- 91 865.04 1 432.52 432.52- 2 432.52 432.52- 90 798.30 1 399.15 399.15- 2 399.15 399.15- 89 775.52 1 387.76 387.76- 2 387.76 387.7b- 88 765.32 1 382.66 382.66- 2 382.66 382.66- . ~TION 92 Interest as of 8/08/94 .000% 9:14:33 Tax Value: ~63,82b H/0: HA: CB Amt: Cd Area: HALF DUE TOTAL DUE CF02-SELECT CF03-EXIT CF05-CALC Alt-Z FOR HELPS VT100 3 FDX 3 9600 N82 3 LOG CLOSED3 PRINT OFF 3 ON-LINE _.. •~ ~bti~~ UU17(~2 Idaho Power Company . rn«'ER LINE EASEMENT ~GL/ an~ r c~ ll I - - convey to IDAHO PO>, County, State of t ~l(j~~i!>'e~~t~ ~'rartto~(s) of R COMPANy~ a corporation, its licensees, successors, and assigns, Grantee, for Dollar and outer vatuabie considerations, receipt of which is hereby acknowled ed ~_' do h reby grant and the erection and continued operation, maintenance, repair, alteration, • One transmission, distribution and telephone lines and circuits of the Grantee, attach~d ton right of way altd easement for together with u Inspection, and replacement of the electric right to e g Ys, crossarnts and other attachments and incidental c ui p rmit the attachment of the wins and fixtures of of cr com antes or poles or other suppolu~ followin ~ 9 pment thereon, and appurtenances, with the g premises, belonging to the said Grantor(s) ~ ~ to tivit: p p.'vties, over, and on across the -~~, County, State of Idaho, in die following location A strip of land 20 feet wide a y~ne~ the S • Sy~q S T3N, R1E, 8.11~I.,~{~reen{~~fN,~l h~~~~~%ider~..~le Ier~i~y+agwithia~tle pp~,~~ p rtlcularly described as tollows; S1Va °t~~ectlon 5, Ql Commencing nt the Brass Cap marking the Southwest corner ofsatd ~ distance of 71.gq feet; thence S 89°32'56++ E '' of 1316.28 feet to the along the nartheri S •ction 5; thence N 00°26'34" E n thence s g9°qg+ REAL FOINT OF BEG ~ Y Right of Way of rairview Avenue a distance NINC• thence N 00°26'58" E a distance of 1255.10 feet; 55 E a distance of 20 feet; thence S 00°26'58" W a distance of 1255.19 fe 32'56" \V a distance of 20 feet, to the REAL POINT OF BEGi NNING, et, thence N 89° Together witft al! rights of ingress and egress necessa the easement hereby gmrtied, and all ri rY for the full and cumpleee use, occupation and ett•o cut, trim and remove ~~ and Privileges incident thereto, including die right from timeJt mme tof ~, brush, overhanging branches and other obstructions which may injure or into the Grantee's use, occupation or enjoyment of this casement and the operation ma' electrical system. Mere with , intenance and repair of Grantee's Executed and del'vered this n I da y o f-1/-~G.L' L{4. E7 P /- 19~~ ~ ~ ~~, -_ Countyof ~~ )ss. On this ~ personall daY of D.~.,"~ Y appeared ~ . ~ 1 A ~~ before me, ~~ ~' known to me to be the persons ~~~ ~~~! . a i~'ota Public, execut6d the s l 1 ~ti'ho executed th a I _ / ' e freel and v going instrument and acknowle~dg ~~ tha~~la,4rd~~~gf{a CF ~ ,B~Lt a: Y ~ oluntariiy for the uses and pu oses therein i ~'Q ned. tJtJ ~~ ~2 X17-0 Nola '~~~ ~ ~; ry Public, re ~s-~ =~~. - ••'~ '•• siding at ., - t~ 7 ~ Commission expires-y L ~ ~ _ ~, •''' (Notatial S all .. GEB ! • '' .. 95000t~97 3-ad _~3,~~~ ,,. iii, ~ ,...,. ,!~• .i~.r,r.t20 901ST: I~ LLB--~~ c~ -~~~~`t r1.1!/ c ~~J~C E,~, ~"'~ Gti c~%i c C.y~, v•.`'a. ; ' °' - :. 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"a'. z~ .:r ra^ v.a y C~a'I!V'+Zct~.'N~:~.Ptilyv~a ~P3~~. ~{X?-~'~~' 't'om 4i ~/; ~. ~.~'' '. . ~ .. : • : ~ : ! ` _ •, it (/.t.~ /(.'"i.U _ _ ..LGY,~c.. lG~rc;~t~?/••Gitv.. ~~llzuCG_Ci~~`!1t :r _. . ~u ~'liicu~. n• ` .t.Q'~~~ c-,~~ ~ 1~~~~ tip .?,7't~_~ca~ _o~c~/..~~.crv~-~~~:c.:~-~ ~--' - ... ~11tJJ~/c ~~ _~atcc(uxcz'u c~'~eQla~d~ . ~ u«:~r_ ~-~i~ ~ Ctu a) ~'.. ~~~t~%:~ C~ c~.a~t^.c~ ~~ ~c~~~ - ~GG~Ib t1/~•~ G, it ~~lt~ C~''1.G,~ZC~'Qc~ ~ ~1~4:;u k!C . -~ F -~ ~ ~,~;~ r ~ ,. . •l fi ~ ~i~i~ ~• "u/~cy(QQEf~c,~.2rCu~ U'~ - ~ -~- e = V ~oaG' ~~G1G'7.~'c/. G"~ .YV a ,~. ., _ - ~i ~~~ i r 7 C :+~ Djrs. Martha R. Gregory • • ' To Instru.•nent Numbsr 156390 Idaho Fo:~er Comoan~ nunnnnnnnnnttn.rnhn+r rnnrr IDi.iiU PU'.1F.Ii CUH1i,cNY Cole Lino ::nsement E-ZCL' . !U (/ hlrs. Giartha R. Gre2iory of ideridian, r*,rantur, for one dollar and w har valuable con- siderations, tl:e r^celpt of ::hick is horeby acknov:ledi-ed, hereby grants to Idaho i'ov+er • ' Conpaizy, a corporation, its 1lcens•+es, arxccessors and assigns, tl:c ripl-t to construct, operate, mnintai^, reconstrt:ct and renove electric transmiasien, distrii~trtion and tole- ' phone circuits, or any of then, and t!:oir annurtcrances, attac'r.ed to a sir-le llne of poles ar other su_r.Norts, :rite: their incidental equiF~c-t, on, over and across t!:c follovring premises Sn ;.da Cou: tv, Idaho, to-arit: S+i~ of SYi{ Sec. 5, T - 32t R - lE - B.At. ~ .Including alvrays tee sane rig2:ts or., over, along and across ary and all alleys, i roads, streets and high:vays, roa or hereafter dedicated or corstructod xithin bordering i upon or adjacent to said premises or any part thareof, and includinb also the richt end ~~ -\ o ~'f •' ~ ADA COUNTY, IDAHO ~ '_ } ~; ~"' privlleee to trim trees rand branches to the Pstcr.t r.r.cesotvey for ti•>. safe az:d rr~,:•^r • i"54iS7~r operation of the acid electrical svater.:. - I:: '.tl~1~f:.JU .~;'r:REU°, T:i)r Frar.*.cr hn3 }•e re+.u:to subscritv+d her nar:e t;:is rat:: dap of Feb. 1934. ~• ~tr.esa - - - - ~Irs. 5'.arthn R. Gr~~;o. y ) 39. C011nt' Of ~:c2a ) Ur. th±s 8 dad o. b'eb., In t'.-c oa: 1~:'.~, h••forc me L. i.&+~:9• ~r., a ;;otnr;, -_ °uhlic, 2ers^-rally appeared ;,:rs. Ain=•thH ;t. ::r^1-or•:, a •aidoe, ;cnrnrn to me to :~c th^ peraon ::•hese nar.:e is aubacri.hcd tc t'-e ::? ~.,.., _r.strur.:rnt ard =tcJ;no•r.1^d,od ~o :-n :'-rat sire ezec•: red tl:e sane. '~~. L. l.atv3+~n i;otar-: Public, rya trine .n 5ir:rL+"an Comzli3sion e[rir^s JiL.e ?~ , 1:?::4 Recoz•ci~•d nt the recuesC of Irjaho Poc:er Ca:^:;nny at 20 alrvtea r:,sC 3 o'e1ocL•- r+.fii. Chia ::9 ca; of ::ch, 1-z4. ~~ Foes, 60~ ;tecoi•d~r '/ .i, P. T.ildrid~e TO Inatrument Humber 150393 Pa5-ette-Boise :rater Ilacrs Assrn uvhn+rnna+rr+rrn' urnrnnununnnuuunnnu Ii: Tilt: UI: TRICT CU'a;T vR 1':... 3-r/;?NT;i .Tt;L•_CIi,L 'I Lr• - ;•+ DI3', u= ... • 31'ATE OF IDt:i!U, IS: .::('_` ?~U!: T!:'i CU';i:T"i OF Cir{i1QI7 .-.-- ., .. ,._ ,..,-.. J..,.,B.. ;:L~*iIX•:~ ___.P_ltl;.nt'ff-. l :, ,, t R.w.~pl iiAAA~1117 D® r ~Pa,jcsl No. 25 ~ ( 1RlOYf ALL MSN Ht 7ie'l~is" P!'YSFNTS, 17~at Fl ire E I c I :~ r~~ ~ he+r t•ushe'id - ~' ~ ~. ~~at Cova;y of ~ Stet. o! ti Lust part_ tor. • and oa account o e certain bane to to aoottdng, ay o o er talnabls oonsidsra~ ' ' tiom, and the eon o! Ons and No/100tl~a Dolltra (x..00) to>'~G~) la head Pads ~ ~~P ' :xhereo! le hereby acicoxlee:ged, hs(%~'gtsatod, bargained, sold and eoaveyod, and b>' these presents do grant, bargain, sell and convey' unto the State o! Zdahoa aecoad part7i its •~ svcceaeora and assigns forever, the following deeciibed parcel of land situated Sa the County of Ada J Sn the State of Idaho, to-nits • ~~ A strip of lnnd lying situate hetwoen tt~o South line of :ha S'rl;SW; of'~ Section 5, Township 3 North, Rangy-c 1 5ast, Roisa Meridlan, end a line Ii •pr`rallei to end 5().0 feet distnnt Northerly from the following described • canter line of hiE-)twoy os surveyed and shown on the official plat of U. S. ~ 30 - ProJac: TSo. F-3?81(5) Hirhwny Survey on file in the offico of the De- ~ pa rtment of H1Rnwnya of the Stato of Idaho and lying over end across the ,I SW;SW1, except the Fast 10 feet thereof, of Section 5, Township 3 North, .` Range 1 Last, Noisc Meridian. j~ BerinninF nt StAtion 71+6y.8 of the, said HSPhwey Survey, which statia~~ is a point on tan~r.nt approximately 21.2 feat North from the Southwest corner of Section 5, Township 3 North. Rama 1 East, Hoise Meridian; thence running South 89°58' East - 1??7.2 feet to Station 84+97.0 of said Survey,~i xhich stAtion Ss a point on torment approximately 13.0 feet North and 1327.2 fco* Enst from tho SuuthwFnt co rncr of Soction 5, Township 3 North,~~ Range 1 EA9t, bolse Meridlan. •~ i. ~~ ~. I! ji II li T~xep Ling that portion alroaQ~' dad New right oL vaJ required being appiro~d. described. r .. ___.Se.L~_ TOOETfIER With all acid singular the tenomertta, heratiltamat to and appurtenancos 1:3ore~- ! tmto belonging or ltt atryxiae appertaining, the rovetaion and roveraiona, rtvaainder sad troatainders, rents, lnsues and profits thereof; acid all estate, right, Lit1e and lntereat 'I 1 in and Lo the said property, as veil in lax as in equity, of the said part i,..s of the SYrst part. ~! j TO FfAVE AND TO HOLD, All and singular the above meAtloaed sad described premises, ~! ~ ~ together vlth the appttrtananc es, unto the party of the second *+art, and , to its auccas- earn and assigns forever, and the part !%' S of L'ne fizat part, ands/EI i!' heirf, the ! i (said pra~iaes in the quiet a~ peaceable possession of the party of the second part, its '. successors mtd assiCrta, against the said parts. >' oS the first Dart, ands/e~a' heirr,: and against all and every person and persona vhotnsoever, lavfitlly claiming or Lo claim ~ :the saws s!sll and x111 aA&RANT and by these presents forever DEFEND. ;~ There ls.also gzanted heret+y an casement adJacent to the above described real proo- Tarty for relocation of all irrigation and drainage ditches and structures and such st,r- ' iface drain dlt.chea as map be necessary to the ptppar corutruet'_on of the hlghtmp tv be ~~constructed on said real proporty. Orantoragree that no buil;inas or structures, except irrigation or drainage `i structures, xlLTT be permitted to be constructed vi thin 20 feet of Lhe real property abavei :described. Construction or relocation of tight of way fe,cing shall be by !///cJ i, at the solo e~gseme of the ~ // ,~ Grantor J further agroe Lhat no !boards nr other advertlaing sigrsa viii be perndtted~oser Lhan 100 feet from the real 'loroperty above described, eseepting signs oertaiaing to business ostablished on lands ~ad~acent to the described real p:aperty, The Grantor _ hereby t+aive and relinquish _ in favor of the~State say-end-e.li =claims to present and future direct access to said highway and hlehvay right.ot_=.ray-as^- ~oeot for as ahoua on said n]ana. I1f ~JITH!:SS W}~IL°_CF, /i'C' hi/t hereunto set ~'~i" hand. Land sea].J this /."•_ ~ day of ,, ii/,. , ((19»C,~. ~ ~" C /C..~c~--t~v~~ (Seal) I _ (STATE OF ~~L~L.~~) !~~" '~ .~ /`M,/~ (Seal) !I L~ 1 ss ('County of ~) (Seal) (Seal) On LtLts 1~ j~day oS ~, ~~'~,/ 19S'~ belo.-e me, _the undersigned, a Notary Public in and :or said Slate, personally appcared,ir/ii:. / /7~ G// ~i (//t.'/1 G~/Y/iJ ' mown to ace to be the ........................~d................................_...resp.u:..iy, i i ~ persan.,3.. whose namel ..................c ~/... ::........subscribed to ' ~ ...e:txtsted the same. i i e foregoing instrument, and acknowledged to me that....~~!4' ............................................ '. ~-- IN WITNESS WIiERF.OF, I have hereunto set my hand and aflized my official seal the day and year in this ~ ' ' Icertifirate fiat above wrirm. /' ~ Notary PttbGc in and for the State of..f~,CL~C..._._._-._. ~ Residutg et...1111..,/rC:.._ .................._.._..~....._._____..... O C^. i ,d G ~ ~ ~~ G ~ .~ ~ ~ 5 ~, ~ ~ w C - , c ~ o . ~ ~ ~ Q ~ ~ ~ a ~ ~ Q ' o 5 ~ i _ s ~... o ~ ~~ ~ h ~ ~ ~~ .5 e, =' ~ ; ; ~; s r $ ~ ~ A ~ ~ ~ r S I ' \ ~ (.. . . < 1/, ~ ~ u _ '~ t ~ S _ ~ O ' - ~ ~ RERECORI)t~ FOR CORRECTfO\ "''""` .r.q ~'+t~.+tr.~.pr. x.w [Y LECaI. PESi:RIYTI0J1. ~' ~~ THIS I~DF:~TL;f:F.. Jiadc this .}.CO {~ 1i3b~5 ~~ day of in the year of vur Lord one thousand nine hundred ;ind ninety-tcv (1992 ) bctw•cen RocfR H• ur~rr ana VIRCIr,IA. n. ,:~ 1~U~UU136'' husband and wife ti of BQISE ,County of qpp • State of I~p}{p the patties of the fic:t part, and CISBCRN T. SIg'BERG and SIi IRLEY G. STEN6ERC, husband and ~+i f e of BOISE .Cuuntyut' F.Dq SCttr of IC:,HO . the p:u't les of thF s~•cond p:ut. ~~'11'XFS~I•.TI{: Th:rt the .<:rid patties r,f tt:a li•~t part, for and in cor.>i~errtion of the sum of I)O LL,•i I:S ni the L't:ited ~ta!e; of americ:t. to ~hesn in hand i>:rid b}• thr.:rid p:u't ies of the xecnnd part. the receipt uheri~,f is hvreb}' aclatu~~iedy;ed. hate CI;~\T;rU. RaI:C:~i\E_(t, SnL[-:rn,i ('O`:\'F:~'f•:U..rnr! by. these prerenit du firant. bares rin. se!1 :Ind CnnVa ~•. tint' ~ thr s:ri•t Ir:rrt ies of the second p:.r!, :u:d :o ; lei: heirs and s: i t2zac certain !ot .piece ur harc••I !: •rt u:d. situate. I}•i::X ;rnri heirt! in the ruunty of ~.,~ • and State of ldahu. :.nri t,:.r:icu!;rr! dc-cn!,,•,1 a= li,ll,ru. . trt.~cit: icF~,I, PRGPF72'iY DF5CRIBID O;J "~iIBIT ;," R'I•IAG,r :~..~E.'iC) The parties of t_he seartd part aqr~ to ~•elease ~orticns of kh~ real proP'erty desc=abed on Pi':ioit A in accordance ~i;•,': t:,e tears of that ^ertain Partial Release AgreamJtt of eten date i:erewith between the parties of the first part and the parties cf t!'ie seceria. part, _ _ ~ ~ '1 .. 'J ~ ~.• ~~.7 ,It Ll: Ld. RECS.-_ _ ,• ~ ~ /T/' ~~ G ar r.~ ~ Ff7 ' i cs _' ,~ „ t~~i•~•: h••r s r t h ..'f ~ n•! • rr.; ul ; r • ~•. ':rrnr'.tt hH•e~Irt:r tt• ..r.: ...-'rt.Ir.•rt:ur.tn,. .a, .! ,t,i, „• ....ra•.. .i:etetrr belrmxtnX nt rf: ' ~ ~OSOU1363 Tlil:: Ct;AXT !s intended :,= :: mort~;.,y;e t•. secure the p:,yment of that ;trt:.in promisso~l• nt.te ~ cf e'en d:+te hcreaith, cx,•cutcKl and delivered by the said parties of the first part to the said part ies of the second part, the r~Y~t of which note i~ in thr +vords and figures foUoa•ing, to-e+it: The principal balano~ of the Note, in the amotutt of 5400,000.00, together with interest thereon at the rate of nine percent (9.08) Per anntsn, shall be paid as follows: • On January 1 1993, the parties of the first part shall pay to the parties of the secot-d part the sum of S 3.356.79 , and a like amount shall be paid otz the same day of each calendar month thereafter until December 1 1997, on which date all principal then unsaid and all interest accrued but unpaid shall be due and payable in full. And these presents shall he +•~:d if such payment be made. But in case default shall be made in the ~~~k payments of said principal sum of mone}•, or any p;,rt thereof, as pro+•ided in said note , or if the intet•est be not paid as herein specified, then and from thenceforth it shall be optional kith the said part ip,S of the second part, Executors, administrators, or assigns, to consider the ~+liole of said principal sum expressed in said note as immediately due and payable, althuugh fhc time expressed in said note for the payment thereof shall not have arrived; and immediately to enter into and upon all and singular the akwve described premises, s..d to sell and dispose of the same and subject to all benefit a„d e,~uity and redemption of the said parties of the first part, their heirs, executors, administrators or assigns, according to lave, and out of the money arising from such sale to retair. the principal and interest which shall then be due on the said promissc,7• note ,together ~+ith the costs :,nd ch:;rges of foreclosure suit, including counsel fees and ul-co the amounts of al] such payments of taxes, assessments, intumbnnces, or insurance as nr:,y ha+•e been made by said part ies of the second part, their heirs, executors, administextors or assigns, by reason of the permission hereinafter given: ~+•ith the interest on the same hereinafter :,llou•ed, rendering the over- plus of the purchase money (if any there shall be) unto the said ,part ies of the first part, their heirs, execu- tors, adininisirators orassigns. And the said part ies of the first part do hereby further covenant, C promise and agste, to and with the said part ies of the second part, to pay and discharge, at maturity. all ss+ch taxes and assessments. liens, or other incumbranc~s no.. subsisting, or hereafter to be laid or imposed upon said premises er t. hich may be in etLect a prior charge thereupon to these presents, during the continuance hereof, :tnd in default thereof, the said part ies of the second •lxirt maY pay and discharge the same, and may, at their option, keep fully insured against all risks by Ere the buildinRS which are naw or may b~ herrafter erected therein, at the expense of the said pact ies of the first part- and the sums so paid shall bear interest at the rate of nu.e (9.0$) per cent per anntan until paid, and shall be considered as secured by these presents and be a lien upon said premises, and shalt be deducted from the proceeds of the sale tha-eof, :ttwve mentioned, «ith interest as ptrovided. by ii'IT\ESS ~'IiER£7F, The said part ies of the nrst part have hereunto set their hands and seals the day and year first above n•;itten,~~ Signed. Sealed and Delicered'in the Presence of ' / / . .~ ALLFN . .... .. . i - '! ...................-•--•°-°--.........................-°.-.........._..... ~~. /_~~l~G1Zr~L..i_.~~~L4':•C/ (SEAL; VIRGII72A A. ALLEN ............................................................. ... (SEALr County of On this 3~0 i ~ SC. 1 day of .,L, „,.-%=••i , in the }'ear 1992 before me• a \otary Public for said State. personally appeared ROG"eR K. ALLFTI and VIRGINIA ;,. ALLE•1 i:n••~.r:, !o me (or proved to me un the oath of !persons chose :vane s <uL;cr il,ed to to `,e t1:. ` the :~ ithin ir.:u unr~nt. .,j rf„• i,.r}~.r:,Lr~a !l::,t c~r`CU:rd an.l acki owledged to me that they e~et•ated the ~:rr.:r. .~.. «.,.....,, ,.. -.,,..,, 1 iX .4'IT\~S• CCIIEltEOF. I h.r:,.• hc:• .,•.:•... , .:.y a::::d :.mr.:.t:i~,•~i riv ,•t!ict.a -c:~i. the d.r: .,:::i }~- u• in this.certiticatc fiFst :rlxrcr a riti~n. _ i / ^~\ .• a %(. I.. <..~ •-~ _\-'`J ..~~ :7i•y` 1•nldi,• i:r .....1 . .• th. ...... G?a1~n, ;,•<idin_ ... . ... .~. r- .. 'i:rr.:... STATE OF IDA1f0. .~o~t d '~P~~ •- a~'culat~le X IBIT A • (Legal Oesriptio~ o! Property) SOUTIiWEST pU:+R7ER CF THE SOUTHWEST pUARTCR GF SECTION 5. TO:~N$HIP 9 NORTH, RANGE 1 EAST OF THE 801S°_ A:EAIOIAN, AOA COUNTY, IDAHO: EXCEPTTHAT PORTION DEEDED TO THE STATE OF IOAIiQ IN WARRANTY DEED OATEO JULY t5, 1955 EXECUTED BY FLORA E OpAN ANO GLEN G. ROAN, HER HUSBAND, RECORCEO AUGUST t, 1955 UNOEA RECORDER'S FEE'NO. Ja079-s, AS FOLLOWS: A STRIP OF LAND LYING SITUATE BETWEEN THE SOUTH UNE OF THE SOUTFiWCS7 pUAATER OF THE SOUTHYEST QUARTER OF S~CT10N 5, TOWNSHIP ~ NORTH, RANGE t EAST, 3OISE MERIDIAN, ANO A UNE PARALLEL TO ANO 50.0 FEET DISTANT NORTHERLY FROM THE FOLLOMNG OESCA18E0 CENTER UNE OF HIGHWAY AS SURVEYED ANO SHOWN ON THE OFFICIAL AIAT OF U.S. JO -PROJECT NO. F• 3281 (5) HIGHWAY SURVEY ON FILE IN THE Cr°!CE OF TIaE DEPARTMENT ~F FIIGHWAYS OF THE STATE OF IDAHO A*:0 LYING OVER ANO ACROSS THE SOUTHWEST QUARTER OF TY.E SOUTHWEST QUARTER, EXCE?T THE EAST t7 FEET THEREOF, OF SECTION 5 TOWNSHIP 3 N(?RTH, RANGE t EAST, BOISE MERIDIAN. BEGINNING AT ST:.';~•N ; t PLUS b9.8 CF THE SAID HIGHWAY SURVEY. 1NHICIi ST:.TiQN IS A POItlT QN TANGENT APPROX:::.:-ELY 21.2 FEET NORTH FROM THE SOUTHYv'EST Cc;RnE~ OF SECTION 5. 70'.tiNSHIP 3 NC~T-. P=;:GE t EAST, BOIS'c MERIDIAN, THENCE RUNNING SOUTii c. Sa EAST, 1327.2 FEcT TO STATION ps FIUS 920 Cr• SAit7 SURVEY, :":RICE! STATION IS A PO:.':' C.': TAtiGENT APPROXIMATELY t J.0 FEET NORTH ANU 1;)27.2 FEET [AST FROM THE SOUTHWEST CCnt:ER CF SECTION 5. TOWNSHIP 3 NORTH, RANGc 1 E.aST. 80~SE ti!Efli01aN fi~+e4+=tE8r'tL-B E3E~!PTtp!,r TOGETHi:R v:t, u strip of land !0 feet wide along the Gest side of the Southeast Quarter of the Southvest Quarter, Section 5, Township 3 forth, Range 1 East of the 3oise `teridian, for the purpose of building a county road. E\-D OF LEG.~L DESCRIPTION ~~//~ ~j ~: . ; i' -, EXHIBIT A Page t o! t . •. F.Ii3575 '~9 PARTIAL RELEASE AGREEMENT • THIS AGREEMENT made the ,tco da of ~.; ~,: / .~ ROGEfZ H. AL' ~N and VIRGINIA A. ALLE husband and wile,rwhose'addessbs 6904 Randolph Orfva, Boise, Idaho 83709 {collectively 'Mor• ,gor7 and OS80RN T. STENBEAG and SHIRLEY G. STENBERG, husband and wits, ~,hs:se address is 3600 W. Grientxier Or., eici~e. Idaho 83705 (coHeciiveiy 'Mortgagee'). WITNESSETH: WHEREAS, the Mortgagor has executes: and deliv tred to the Mor,3ages a Mortgage of even date herewith {'Mortgage, which Mortgage secured the pay..,ent of a Promissory Note oI even date herewith ('Nc1e'); which ?fortgagc vas recorded December 3. 1992, as Instruaent So. ~i~~,~.; ~?=~ WHEREAS, the Mortgage covers certain real property it Ada County, Idaho, more Particularly described on 'Exhibit A' attached hereto and made a part hereof (hereafter 'Mortgaged Property'); and WHEREAS, the Mortgagor and the Mortgagee have agreed . -.`rat upon the payment• of principal on the Note, the Mortgagee shall release from the encumbrance of the Mortgage portions of the Mortgaged Property. NOW THEREFORE, IN CONSIDERATION OF the purchase by the Mortgagor rrom the Mortgages of the Mortgaged Property, and for other good and valuable consideration, the existence and sufficiency of which is ackno~viedged, 1T IS AGREED: tint. Partial Relea a •Pa ment f Princi al. The Mortgagor shall be entitled to have released free and cle~: of the encumbrance of the Mortgage, and the Mortgagee agrees to release from the encumbrance of the Mortgage, one (1) acre of the Mortgaged Property !or each S17,250.00 of the principal of the Note paid by the Mortgagor, provided that (~ the minimum acreage of the Mortgaged Property tc be released in any one (1) partial release shall be five (5) acres, and (ii) the per acreage payment for a partial release shall be in addition to any payments of principal or interest paid by the Mortgagor io the Mortgagee on the Note. i n 2. Right of Preoavment. The Mortgagor shall have the right at any rime, and from time-to-time, to prepay alt or any portion o! the principal balance of the Note without penalty, provided that a prepayment of principal by the Mortgagor shat! not relieve the Mortgagor from the obligation to pay the interest ins;allment;s) next due under the terms of tte Note. i n Partial Releas .s-Subdividing. ii the Mortgagor subdivides all or a portion of the Mortgaged Property and records a final subdivision plat with respect thereto, the Mortgagee shall, without the requirement of a payment of pri. ~cipal of the Note, release from the encumbrance of the Mortgage, at the time the plat is recorded in the official records of Ada County, Idaho, all public streets and rights-of-way within said subdivision as shown on the final subdivision plat so recorded. In addition, the • ~~ a PARTIAL RELEASE AGREEMENT - 1 . , r ~. • 1....~. Mortgagee shall releaze each of the platted lots within the recorded subdivision 6om the encumbrance of the Mortgage upon payment by the Mortgagor to the Mortgagee of an amount equal to 517,250.00 per acre, prorated ba:.ed on the number of square feet contained in the said bt multiplied by 50.40 (40¢). i n 4, restriction on Aeiease -Continued Access. Subject to the provisions of this Se~ion, the Mortgagor shall have the right to determine the portions of the Mortgaged Property to be released from the encumbrance of th6 Mortgage provided that the dimensions and location of the released portions shalt be such as to not unreasonably diminish the market value of the balance of the Mortgaged Property remaining subject to the Mortgage, it being agreed that the release of any portion of the Mortgaged Property which is required by any governmental entity or agenry thereof in connection with the dediption of roads or other public ways shall not diminish the market value of the balance of the Mortgaged Property, provided that access thereto is assured as hereafter specified. In the event that a portion of the Mortgaged Property is released from -the encumbrance of the Mortgage as provided in this Agreement, adequate provision shall be made by the Mortgagor to provide legal and adequate access to the unreleased portion of the Mortgaged Property and, in addition, in the event of a foreclosure by the Mortgagee of the Mortgage, the Mortgagee she!! have the right to tie into and connect to roads, public ways, sewer lines, water Tines and other utilities constructed upon those portions of the Mortgaged Property previously released from the encumbrance of t: a Mortgage. Notwithstanding any other provision of this Agreement to the contrary, and except for portions of the Mortgaged Property required by a governmental entity or agency in conncection with the dedication of roads or other public ways, as provided above. the ( Mortgagor shall not, withc.:t the prior ~.vritten consent of the Mortgagee, nave the right -~ to cbtain the release of all or any portion of the most southwest ten (10) acres of the Mortgaged Property until the Note is paid in full, it being agreed that said ten (10) acre portion of the Mortgaged Property has, in the opinion of the Mortgagor and the Mortgagee, the highest per acre value of t7e acreage comprising the Mortgaged Property. i n Procedure to Obtain ReleacP, Upon the election of the Mortgagor to obtain a release of a portion of the Mortgage Property from the encumbrance of the Mortgage, the Mortgagor shall have prepared by a qualified civil engineer or land surveyor a description of the portion of the Mortgaged Property to be released, together with a plat map showing the outline of the whole of the Mortgaged Prooerty and the portion to be released and the portions thereof r;evio~sly released from nee Mortgage. Copies of said legal desuiption and plat map shall be delivered to the Mortgagee (each party comprising the Mortgagee) together with the necessary documentation to effect the release. The Mortgageo shall either (] execute, acknowledge and deliver to the esc: ow holder designated by the ponies to hold the original of the Note and the Mortgage the documents required to effect the release, or ~~ provide to the Mortgagor written objections thereto within ten (t0) days after delivery thereof to the Mortgagee. 1n the event the Mortgagee objects to the release, such objections shall be in writing PARTIAL RELEASE AGREEMENT - 2 F , v • and delivered to the Mortgagor within the time specified, or such objections shalt be condusively deem to be waived. The documents which are executed. acknowledged and delivered to the escrow holder to effect the release of a portion of the Mortgaged Property snail be delivered by the escrow holder to the Mortgagor upon the Mortgagor payiny to the escrow holder the amount of the prindpal required to be paid for such release as provided and determined in accordance with the terms of this Agreement. i n ~cuments of Further As~~~ranca, Each of the parties agrees to execute. acknowledge and deliver such other and further instruments and documents as may be necessary to carry out the terms of this Agreement and the intent of the parties expressed herein. c i n 7. ?t!?rnevs Fees. It suit or adios is brought to interpret or enforce this Agreement, the prevailing party shalt be entitled to recover reasonable attorneys fees in addition to other costs and disbursements allowed by law, including tho same with respect to an appeal. ion uc i n. This Agreement shall inure to and be binding upon the parties and their respective heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto executed this Agreement as of the date and year first above written. M/O~TGAGO . / /~ ROG .ALLEN / /, y ~ / RGINIA A. ALLEN MORTGAGEE: ~. <~,Y ~ a OSBORN T. STENBERG `~=t~`~~r~••~c~ `:,tom' SHIRLEY,f,. STENBERG PARTIAL RELEASE AGREEMENT - 3 •- ~' STATE CF IOAY.O 55: County of Ada ) ~. Cis On ;his ~ day of _.j1~C~:Ir? (rti" , tgg2, before me, the undersigned, a Notary Public in and for said ;;rate, personal) a VIRGINIA A. ALLEN, husband and wife, known or identfed :o meEta be he EN and :whose names are subscribed to the foregoing instrur,~ent and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certil:~ate first above written. ..--~ ~/ ~~' ~' i • Notary Public for Idaho Residing at /~ -, -~ ,Idaho • •(S~4L) My C6mmiss~on Expires: , ; •_~ ~,~;~;~.> STATE OF IDAHO ) ss: County of Ada ) On this = ~ ~!• day of _~~;r~~,~. f . Y 1992, before me, the undersigned, a Notary Public in and for said State, personally appeared OSSORN T. STENBERG anc SHIRLEY G. STENBERG, .husband and ~~ite, known or identified to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me chat they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary ublic for Idaho • Resi~ng at ~ -~~ ,Idaho • !SEAL) M~ ammission Expires: _i• r^, -g q P,4ATIAL RELEASE AGREEMENT • 4 .~~~i. '°2 GEC °~~~ •. „ •. .1 .:_J .; iS. ~~ _' ~.- 3 F,i1155 SCUTti'~:EST CL':.RTcR CF Tr= $OUTt-'.:SST ;:;.-'cA C'r SECrIC.•: S. "C• ••.°t.±;~ ~ • Cr;T.i, oAt:,. EAST Cc TH. BGiS=': =i?IC!i."', A^•A C~taT'f, :':.:-0: EXCFPTTHAT PCRTIGN C.EC=+~ TO Ti-~ $T: '~ ~='C.:fiQ It!'.::.%fiA!:TY Cc~C CAfE~ JULY 15. 1g~ 5 EXECUTED BY FLCR:, E. GC%+N~AhO GL=~: G ::' , r'ER HtJSr:.:^J. F=CC•~-..E'~ :': G'_S' +. t~SS l::^cri FECCRCER'S FE°_ t:0. ~~:79a.:•S FC:.± :. ~S A STA!? CF LAt:'J L'f1tiG ,ri:Tt,;:.rc 9ET.: _'! '. ? S~::T,i ~tt.$ f ~ !!-~ 5t;UTI i:.EST Qt:%•?TEz (;='. icc SOUTH'::EST CL':,RTER C° S=_CTtCt: 5. TC:••:S-'~ ? ':C%•T~;. F:,.:C£ !GAS'. 9vtS=_ :"c~+IC:ti:+.:-t<C ~. UtiE PP,P.:,LLEL TO:,.":0 50 0 F_ET CIS:••.•T ~:OF.. =:,L'f Ft?::! T!-~= rCL! O:':tt: ~ CESC~:~?EO CE':TEa L(t:E Or' HIGH?:A'f A$ $Ui: ~ EYED ANO 51- :'... • ~''i=E CF~IC.%.l ~L:•7 CF '~ S. ~'J • CnCJ_ ' ::O . ~zai (5) N!Gx';:A`r S:1?'.E•f G.: FILE it~'1-'=_ -=iCE Cr' ;NF Cc?:.~-it':1:T C~ N:ru•..;.YS CF 'hE STMTc Cr ICA}i0 A'7D <_Yi.•:G CvER :..•::~ =:-C:,, TFt, SOUT~i:':EST CU%•R'• `F• vF TI-E SvUTi-!'t:$$T CU.+RTcR, EXCC?TTF'~ L••.ST 70 Fcr.T --_-__ `r'•- ccCT1Qti 5 TC7..:$t-~: _ :;''nT-, r•i•• :.~ t S:.cr scls~ t.:_RICIAti. SCVai:.~,":v i~T STnTi ~•. . r_t~S EJ G ..' -'_ - 'v t' .0~1~...•'! . _i• $'~ .. ~ .. ... _ ~ri _ .~ _ Tk?wct+T:.PPROXC:..T'cL'' 2. 2 FEET t:_-'- t=C`••'rc SCL'"..• c~' .Cat:E:n ,;F :a" '.r: 5. TC~r ..:$Y.i? 3 t:^,nTl-+, .:GE . Ei.ST, ~: ~_ :iii .. Th+E•'+C~ R !:.`::? SY • S ? ' Z F.=' -. ST..TICt: Ua ~ ll.'S g' j ~F SA~Q $'.:r': F'i .:r-:rii U :G SCUTti E9 orc~ T, t 2. $T:.TiCN IS A FCa? Ct. ;,tiGE :r A?~=rCi.:...TELY :~ U F'=ET `:4RiH ....;.~ r ~~7 ; FEE °:%-ST Fi+C' . T!,E $vUTii'.:EST CC'c!'E~~.~ $EC~IC! c '~ ....F;;? ~ f:~,nTti. i..:t:.~c ~ :GT 8U'cE r.cc:~ ... Q+o of tFC.n,. c>_sCntrnot+ EXHIBIT A Pave 1 cf 1 EXHIBIT A - (t_egal Oes::a:.on of P: ~perty) . .. ~_~,.- ~ t_~ _ ~ •) . ~ ~ ~~ _ . ;~:- _ ~. ~ ~.,~i ~~- .. , av ~ w V Q W ~ o $ < o N ~ a ~ ~~ V1 CR a ~ ~ ~ `p ~ ~ F N ~ ~~y~~u~ -~ Zi ~ E It u c ~ i O yk~«~ ;,1i Ls7 i Q, • • r+ F ~j~ j 0 'i 8 y i l v ~ ~ 1n NTi N~(~il ~ y_1 cps<~~ ~,7 N $ Ofd ~iVI ~C8`~ `~p~ 7yF ~4~1yV v_~n 5~ aQ~~ y•! V 41 H W *1 3Q(gIWCI~^ ~q~~ ~ ~ d~ 2*5 N 1: €~ V a N~ _$ ~ a ~ z z 8 ~ mr r vwwn ~ e N ~ !., s ~ ti _ ~ .rsrocrt rsaar_ooc ~ ~yr~! c b o `Nr ~TZ.~O~ ~ ° o 2VC /~//~~ VI n V• 2~~~ ~ N ^ x62 ~ ~¢ u n \ ~ o ..1 L r a O j1'y1 NQ g W= :.i a t.` ~' ~ I S y o ~~~ ~~~ ~ N 03 41 rr 3nny~r c_c•;:ayr K:acrr o 2 I _ xx u ~; .~ i{ ~ ~_ o ~ ~ i ~ f O .~ _ 3 _ ~ ~rnn Q ~ ~~ $ R g ~ ~ ' o a °D ~ o ~ ~W r.. 8 ~ ail A C~ r __ ~ ~ ~ d n W I ,OOrot ~ S ~+ {~~ `7r ~ P O < i S n Z e•j I/l \~ %+ NI N N s -~ W ~ \ ~ I 1 W Z ~ O y¢~ o N Z' N Y• ~ ^ I i u __ ~u W '~ ~1~ I ~ <C < ~ ~ ~1J ~< ~~ L~ ~ 1 .a _ 2 ua ='I Y ~~ ~ W ~aY `~ ;~ ~S ;~ ¢ ~ o u a ~\~ ~~ ~' zs y a aY N ~=1 o ~ Z ~ ~N ~ ~^ bh : ~ n o ~{ n u R 1 __ ; ~~ ~~ ~= z ` ~ $ ~ = gy o ~~ W~ 1 N L[V:CI N a' ~-~ ~.~Cpos ~ ~~~ 7f1 WI{S!C ~ OI'OM 310rJ lS/D07 /lIWN ~ 'k ~^ OMN~ JD LLYi ,t1'OZtI ].t'[,KOON T~ Rr+a ~e mx~re7rs rss. Y~aton aura 0.7lr9 ~ort~3t~r;I°t~,w~3+wo ttroo7 oNr ~ I `' •li~!'`~-~ 7s x»a~ aor-„wrr~,v sane aoot ~rv~ [~ ~aoe vrju tvu ~" ~~ ~oaN~aars swop N 01/19/1996 14:14 1-208-343-4954 DAKOTA DEVELOPMENT PAGE 01 • ~ • Date: ~ -' ~ 9 -9 From : J pyh ~.~ DAKOTA DEVELOPMET ~~~~~ ~~ ~ ;. ,~ r 1 ~ ,f i FA% TRANSMITT1i1LL No. of Pages`~~including this page) oz-iginals wil,l'~ not be sent Fax No.: ~87- ~Qj ~ 3 ******~*+~*********,r~***********,t****************************~**** January 19, 1996 R$: AVSST plaza - Lot ~7 Conditional IIse Permit Application 1larraaty Deed ~. Jim Rabbi t~, Per your request, attached is a copy of the "Grant Deed~~ for the 40+/- acres we are developing on the northeast corner of Locust Grove Road & Fairview Avenue. This Deed is to be included with our Conditional Use Permit application for Lot #7 - Chevron, Thank you your help and cooperation. attachment cc: B. Strite - BRS w/attachment ^ PNONE 12081343.5223. FAX 3a3.495a 390 EAST PARKCENTER 81V0. SU-TE 105 BOISE, IDANO 83706 JAN 19 '96 13 17 1 208 343 4954 PAGE.01 1-208-343-4954 DAKOTA DEVELOPMENT PAGE 02 • • GRANT DEED THIS INDENTURE made the 31st day o/ December, 1992, between ROGER H. ALLEN and VIRGINIA A. ALLEN, husband and wife ('Grantors') and AVEST LIMITED PARTNERSHIP, an Idaho Umfted Partnership, whose address is C/o Roger H. Arlen, 6904 Randolph Drive, Boise, Idaho 13371nJ ('Orantee'~; WITN ESSETH: The Grantors, tvr and In consideration of the sum of Ten and No/ 1 t70ths Dollars. lawful money of the Unit®d States of America, and other good and valuable consideration, to them fn hand paid by the grantee, the receipt whereof is hereby actcnowledged, have granted, bargatn8d and sold, and by these presents do grant, bargain, sell, Convey end oontrm unto the Grannee, and to its successors and assigns forever, the following described rest property situate in the County of Ada, State of Idaho, to-wit: REAL PROPERTY DESCRIBED ON 'QCHIBIT A' ATTACHED HERETO ~@~lECT TO: All encumbrances, liens, easements, covenants, ,,--. agreemerna, reservations and restrictions of record or visible upon e physical inspectipn real property, and rights of tenants in possession. TOGETHER WITH all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appuAaining, the reversion and reversions, remainder and remainders, rents, issues end profits thereof; and all estate, right, title and interest In and to the said real properly, as well in taw as in equity, of the said Grantors. TO HAVE ANO TO HOLD all and singular the above-described real properly, together with the appurtenances unto the said Grantee, and to its successors and assigns forever. IN WITNESS WHEREOF, the Grantors have hereunto executed this Grant Deed as of the day and year first above written, GRANT DEED - ~ ~'~ .-- ,,. / ~'~ RODE f i LLEN / , .~ , RGINIA A. ALLEN JAN 19 '96 13 18 1 208 343 4954 PAGE.02 01/19!1996 14:14 1-208-343-4954 DAKOTA DEVELOPMENT PAGE 03 ~ • ''" STATE QF 1DAH0 ) ss: Courtly of Ada • ) pn this 1qC day of February, 1993, before me, the undersigned, a Notary Public in and for mid State. personally appeared ROGER H. ALLEN and VIRGINIA A. ALIEN, husband and wire, known or ideniNied to me to De the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certi6cata first abov® written. (SEAL) GRANT DEED 2 ~Y Notary Public for Idaho Residing at t sty .Idaho My Commission Expires: -~_ .q-~ JAN 19 '96 13 18 1 208 343 4954 PAGE.03 01/19/1996 14:14 PAGE 04 1-208-343-4954 DAKOTA DEVELOPMENT EXNl~~T A (Legal Oescriptlo~ of Real Property) L°`_,k SOUTHWEST QUARTER OF THE SOVTI•IwCST OUARTEA OF SECTION 5. TOwNSI liP ~ nlpRTl•t• nnNGt: I EAST OF THE 60f$E MERlOIAN, ADA COUNTY, IDAHO; EXC>=PTTHA7 PORTION DEEDED TO THE STATE OF IDAI~O 1N wnr~r~aNTY OCE17 DATED .IUIY i5. +95~i EXECUTED BY PLORA E. OOAN ANO GLEN G. DOAN, f'It:f'I -iUSOANn, rat:COnOED nUGUST +. 1~~i5 UrrpEn RECOROEA'S FEE NO. X00794, AS FOLLpwS: A STRIP OF LAND LYING SITUATE 6ETWEEN TFIE SOUTH LINE OF THE SOUTI I~r~LST Uilnr-TFR OF T-IC SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 0 NOPTH. RANGE ~ EnST, 8015E MEnIDInN, AND n LINE PAAALLELTO AND 50.4 FEET DISTANT NORTHERLY FROM TI-rE FOLtOwING DESCRI©EO CENTEFl LINE OF HIGHWAY AS SURVEYED AND SHOWN ON TI•IE OFFICIAL FIAT OF U,S. 00 • PROJECT N0 F 9201 (S) HIGHWAY SURVEY ON FILE IN ThIE OFFICE OF 71~IE DEPAriTMFNT 0~ I IIGI~IwAYS OF TI•IE STATE OF 10AH0 AND LYING OVER AND ACROSS TIME SORT}IwEST OUAFlrEtt Or• TI1E SOUT-~wEST OUAATER, EXCEPT THE El1$T tp FEET THEREOF, OF SECTION 5 TOwNS-~Ir~ 3 Nt1RT1~1, gnNGC 1 EnST. 801SE MERipIAN. BEGINNING AT STATION T1 PLUS 6~.© OF THE SAID HIGHWAY $IJRVEY, WtalCli °,TATfON I$ A Pplr1T r_1nr TAIYGEN7 APPF10XiMATELr 21.2 FEET NORThI FROM TI1E SOUT--IWEST COnNFn OF SF.GTION S. TOWNSHIP 3 NORTH, RANpE 1 EAST, BOISE MERIDIAN, ThIENCE RUNNING SOUTH 99 59' EAST, /327,2 FEET TO STATION 04 PIVS !37,0 OF 5AIp SURVEY, wrIICH .-NATION 15 A POINT ON TANGENT~APPROXIMATELY 1~.0 FEET NORTH ANU 1727 y FEF_7 EAST FROM 'IE SOUTHWESY CORNER OF SSCTION S. TOWNSHIP ~ IYOATI 1, MANGE 1 [AST. ©OISE MFPIQIAN TOGETHER with a strip of land 10 Eeet wide along tltc weFC ~idr of tl-c Soutl~c:~se Quaster of the Southwest Quarcer. Section 5, Tovn91~11> 3 NorC1,, Ra~-g¢ 1 Eaet of the Boise Hetcldlun, for the purpose oC building ~ c~tunty roncl. END OF LEGAL DE5CRIPTION. 1`XHIAIT A - Paste t of 1 JAN 19 '96 13 19 TOTAL P.OG 1 208 343 4954 PAGE.04 ~. R~ .. ~~ ~~ 1 ... ~-:.1 snAl W H U O J O z 1 .. a .. / '~ ~ . . ..' IRA E MEAD R~~ ~ ~: . DOVE MEADOW8 .'. . • •~ .~ •,.• ,', •~, `. ., ~. ••~ • . ~ ~ ~ • ~ ~ ~~' ~~ ., ~... hr OS , tioti~ CENT ,Fq r FAIRViEW AVENUE ~ t ~' ~~~ , ~' ~ ~ ~ __. .._ PLEASANT VALLEY SUBDIYISiON I.J APPROXIMATE SCALf::1"=300' f ~ MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: FEBRUARY 13.1996 APPLICANT: AVEST LIMITED PARTNERSHIP AGENDA ITEM NUMBER: 18 REQUEST: PUBLIC HEARING• REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHEVRON C STORE FUEL ISLANDS CAR WASH AG NCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: COMMENTS FORTHCOMING CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: ~~ r (, V~ MERIDIAN SCHOOL DISTRICT: ~, MERIDIAN POST OFFICE: ~' 1 ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~`~(, z2lG~fir~./ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~~ APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this ~~~day of ~~~~~ 1996. ROLL CALL COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA VOTED ~~~ VOTED VOTED VOTED,,,' MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROV - VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ~2l0~~~~~ HUB OF TREASURE VALLEY WILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor MEMORANDUM: To: Mayor, City Council, Planning & Zoning COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY February 8, 1996 From: Bruce Freckleton, Assistant to City Engineer Re: CHEVRON C-STORE, FUEL ISLANDS AND CAR WASH by Avest Limited Partnership (Request for Conditional Use Permit) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: • GENERAL Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, lateral users association or down stream users, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 4. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted for all off-street parking areas and shall be approved by the City Engineer (Ord. 557, 10-1-91). 6. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. CSTOI2E.P&Z WILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATH A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor MEMORANDUM: To: Mayor, City Counc~ Planning & Zoning From: Shari Stiles, P&Z Administrator Re: CHEVRON C-STORE (Conditional Use Permit for Lot 7, Block 1, by Avest) COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY February 9, 1996 have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. Proscriptive use of Dixie Lane must be continued until access is no longer needed 4. A minimum of one (1) three-inch (3") caliper tree is to be provided for every 1,500 square feet of asphalt. Twenty-six (26) such trees are required. Provide detailed landscape plan that includes sizes of plants for approval prior to obtaining building permit. Parking stalls are to be a minimum of 19' long with minimum 25' wide driveways. 6. A Certificate of Occupancy (CO) must be received prior to operation. This CO must be approved by the Building Department, Fire Department, and Planning & Zoning Department. 7. Coordinate accesses and roadway improvements with the Ada County Highway District. 8. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 9. Illumination of parking lot shall not result in glare or spillover to adjacent properties or traffic on Fairview Avenue. A\CHEVRON.P&Z N 10. Provide temporary construction fencing to contain debris prior to obtaining building permits. 11. Abide by all conditions of the development agreement previously approved for this parcel. A:\CHEVRON.P&Z • C~ BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN CHEVRON C-STORE CONDITIONAL USE PERMIT LOT 7, BLOCK 1 OF AVEST PLAZA LOCUST GROVE AND FAIRVIEW MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use application having come on for consideration on February 13, 1996, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Petitioner appearing through its representative, Larry Durkin, and the Planning and Zoning Commission having heard and taken oral and written testimony and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for February 13, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 13, 1996, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/CHEVRON Page 1 • • annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 4,000 square feet in size. 3. That the property is presently zoned C-G General Retail and Service Commercial (C-G); that the specific use for the property will be for a Chevron C-Store, providing a fuel island and a car wash, in addition to a drive-thru window located along the north side and generally accessed from the southeast, which application requires a conditional use permit. 4. That the General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: (C-G) General Retail and Service Commercial: The purpose of the ( C-G ) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 5. That the use proposed by Applicant is a specifically allowed conditional use in the Zoning Schedule of Use Control, 11- 2-409. 6. That the property is located in the northeast corner of the Avest Plaza on Fairview Avenue just east of Locust Grove Road; that the application complies with the Meridian Comprehensive Plan. 7. That Avest Limited Partnership is the record owner of the above referenced property and has consented to the application and FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/CHEVRON Page 2 • has requested this conditional use and the application is not at the request of the City of Meridian. 8. That the Meridian City Planning Director, Shari Stiles, the Assistant to the City Engineer, Bruce Freckleton, Police Department, Fire Department, the Ada County Highway District, Central District Health Department, and. the Nampa and Meridian Irrigation District submitted comments and they are incorporated herein as if set forth in full. 9. That Bruce Freckleton, the Assistant to the City Engineer, submitted comments; that any existing irrigation/drainage ditches crossing the property shall be tiled; that any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance, but wells may be used for non-domestic purposes such as landscape irrigation; that a drainage plan designed by an architect or an engineer shall be submitted for all off-street parking areas; that outside lighting shall be designed and placed so as to not direct illumination on any nearby residences; that all signage shall be in accordance with Meridian City Ordinances; that off-street parking, paving and striping, shall all be provided in accordance with City Ordinances; that sanitary sewer service shall be to the sewer line installed in Dixie Lane adjacent to the east; that water service to the proposed site shall be to the existing water line installed as part of the Avest Plaza Subdivision and that assessment fees for water and sewer service shall be determined during the building plan review process; that Late Comers fees will also be charged on FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/CHEVRON Page 3 u • installing the water and sewer mains to help reimburse the parties responsible for installing the lines. 10. That the Planning and Zoning Administrator, Shari Stiles submitted comments and they are incorporated herein as if set forth in full as follows: 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled by City Ordinance 11-9-605.M. ; that plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service except that such wells are used for non- domestic purposes such as landscape irrigation. 3. That prescriptive use of Dixie Lane must be continued until access is no longer needed. 4. That a minimum of one (1) three-inch to be provided for every 1,500 squ~ that twenty-six (26) such trees are detailed landscape plan be provided of plants for approval prior to permit. (3") caliper tree is ire feet of asphalt; required and that a that includes sizes obtaining building 5. Parking stalls are to be a minimum of 19' long with minimum 25' wide driveways. 6. That a Certificate of Occupancy must be received prior to operation and must be approved by the Building, Fire and Planning and Zoning Departments. 7. Coordinate accesses and roadway improvements with the Ada County Highway District and fire hydrant placement with the City of Meridian's Water Works Superintendent. 8. That illumination of the parking lot shall not result in glare or spillover to adjacent properties or traffic on Fairview Avenue. 9. That temporary fencing shall be provided to contain debris prior to obtaining building permits. FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/CHEVRON Page 4 • 10. That all conditions of the Development Agreement previously approved for this parcel be complied with. 11. That the Ada .County Highway District (ACHD) submitted comments and they are incorporated herein as if set forth in full; that some site specific comments include the construction of a 5- foot wide sidewalk along Fairview Avenue and pavement tapers for acceleration and deceleration at the loop road intersection with Fairview; that the loop road shall be a maximum of 37-feet wide at the intersection with Fairview; that a pedestrian/bike path along the site's east boundary be constructed and the southern driveway on the loop road shall be located a minimum of 50 feet north of Fairview Avenue and shall be constructed as a 24-foot wide driveway to be signed for a right-in/right-out only. 12. The Meridian Police and Fire Department Departments Central District Health Department, and the Nampa and Meridian Irrigation District submitted comments; that all such comments are incorporated herein as if set forth in full. 13. That Larry Durkin, the Applicant's representative, testified that this application included some modification to the north property line of this projects Lot 7; that some of Lot 8 was applied to Lot 7 creating a larger parcel for this structure. 14. Mr. Durkin stated that this project is a 4,000 square foot building with your typical convenience items and food items as well as the car wash and pumps; that on the northwest corner of this structure will be a drive through facility for picking up milk and things of that nature; that there will be a small sign in the FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/CHEVRON Page 5 • • center of the structure and that the lighting is consistent with the overall lighting plan for the entire development. That Mr. Durkin stated that he would be happy to add a condition that the lighting by the same lighting program as the Fred Meyer parcel, which he feels is already consistent with the non-glare type lighting. 15. He also testified that the landscaping along Fairview Avenue is identical of the overall front of the whole center; that the landscaping plan will be aggressive, nice landscaping that will carry to the east corner of Lot 7 without any change; that since Lot 8 is to the north of this project and since a modification to the lot line between Lots 7 and 8, there is a cross easement and use agreement between Lot 7 and Lot 8; that these two properties will share access points and since Lot 8 is the last vacant parcel, the developer plans on building a facility that will be compatible with Chevron C-store. 16. Mr. Durkin testified that the ground water on the site is collected and automatically goes through a filtering system; that the car wash is filtered many times a day and the holding tank water is recycled and will go into the sewage system after it is completely filtered through the system. 17. That was no other testimony given. 18. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/CHEVRON Page 6 • CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to Title 67, Chapter 65, Idaho Code, and Section 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418 D of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 4. That 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/CHEVRON Page 7 • allow the use. c. The use apparently. would be designed and constructed, .to be harmonious in appearance with the intended character of the general vicinity. d. The property will have to be furnished sewer and water service which shall be the responsibility of the Applicant. e. The use would. not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. 5. That all ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Uniform Electrical Code, the Fire and Life Safety Code, all parking and paving requirements. 6. That all conditions and requirements of the Assistant to the City Engineer and City Planning Director shall be met and complied with. 7. That a conditional use for a drive-through window must be applied for and obtained. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER OSLUND VOTED P"~ COMMISSIONER SHEARER VOTED '/ ~ ~'~ COMMISSIONER MacCOY VOTED ~ac~ CHAIRMAN JOHNSON (TIE BREAKER) VOTEDTT~- FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/CHEVRON Page 8 • DECISION AND RECOI~II~ENDAT I ON The Meridian Planning and Zoning Commission hereby recommends to the Meridian City Council that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law. MOTION: APPROVED: ~~= DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/CHEVRON Page 9 ' ~ i MERIDIAN CITY COUNCIL MEETING: MARCH 19 1996 APPLICANT: AVEST ITEM NUMBER; 18 REQUEST; CONDITIONAL USE PERMR FOR A CHEVRON C-STORE FUEL ISLANDS CAR WASH AND DRNE THRU WINDOW AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS P A Z MINUTES FROM 2-13-96 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS ~J~ hIF ~lk SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS (~'~ ~~' ~1L ~„rr~" ash ~~ LL~~ L" L ~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • • M Meridian Planning & Zoning Commission February 13, 1996 Page 50 . Lawrence: I don't see that as a problem as far as the day care goes as far as my residence goes maybe you might see me here when they are applying for theirs. Hepper: As long as you are aware. That is all I have. Johnson: Anyone else? Thank you, does anyone else want to address the Commission on this application? Lawrence: I have one more question, as far as the hours go, like she says Micron, I don't know what kind of people I will be taking in, are they flexible with that. Is that flexible with that or is that set in stone how does that work? Johnson: We ask that question really in consideration of your neighbors. Lawrence: That would be my preference.and consideration myself. Johnson: Your answer was fine it was, I would like it to be, in other words it wasn't this is what they are. I think that is fine. Does anyone have any reflection on that? Lawrence: Thank you Johnson: Is there anyone else? I will close the public hearing at this time. This requires findings of fact and conclusions of law. Shearer: Mr. Chairman, I move we have the Attorney prepare findings of fact and conclusions of law for this project. MacCoy: Second Johnson: Moved and seconded to have the City Attorney prepare the findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #18: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHEVRON C-STORE, FUEL ISLANDS AND CAR WASH BY AVEST: Johnson: I will open the public hearing at this time and invite Avest or their representative to address the Commission. Larry Durkin, 380 East Parkcenter Blvd., Boise, was sworn by the City Attorney. • • Meridian Planning & Zoning Commission February 13, 1996 Page 51 Durkin: Mr. Chairman and Commissioners we are the developers of the shopping center project where Fred Meyer is presently under construction and we have a number of other buildings under construction, the McDonalds is now open. What we are talking about tonight is lot 7 which is in the bottom right hand corner of that plat. I want to point out that this is the plat that you have and the building here of record it has been a modification to the north property line. When went through a property line adjustment procedure. So this property is now larger. We took some of lot 8 and applied it to lot 7 and I just want you to be aware that I am showing you this for the purpose to give you an idea of what we are talking about in the larger scale but that is not completely accurate the way it is today. We have entered into an agreement with Chevron, it is the same Chevron operated by that operates the Chevron in Meridian by the freeway. It will be a similar type of operation. This is a 4,000 square foot building with your typical convenience items and food items as well as the- car wash and pumps. We have on our plans and application met the conditions for the overall plat. As far as landscaping, drive ways, etc. We have read the entire staff report that we received from the City and we are in full agreement with the recommendations on the report and have no problems with any of them. I don't see any concerns. Crookston: Are you going to have a drive in window? Durkin: The back left hand corner or what would be the northwest corner of the building there is, it is set up for a drive through facility to pick up milk and things at that back. There is not a restaurant in it, it is for picking up, there is a dairy case there and that is where the register is in the store. So we will have that. Crookston: A conditional use permit is required for the drive in window. Durkin: Is that a separate procedure than this? Crookston: Yes, that is what the Texaco out on Eagle Road that is what happened to them too. Durkin: So you go through the conditional use permit for the Chevron and then you come back and go through. Stiles: Counselor, I believe the only reason the Texaco had to go back through is because they never showed it on their initial conditional use permit application. I was under the understanding that this could cover the whole thing since they did show this as part of their design now. Crookston: That would be fine with me. • • Meridian Planning & Zoning Commission February 13, 1996 Page 52 . Durkin: That would make sense. Crookston: (Inaudible) that did happen to the Texaco place I just wanted to reference that. Johnson: Well they hadn't shown (inaudible). Durkin: It is clearly shown in our application on this plan here and it is identifiable on the packets that you have. I guess it is really difficult to see on your packets but on the larger plans that we have submitted. Johnson: Is there any change in the lighting that, from what Mr. Eddy has now by the freeway? Can you address that, we were kind of surprised by what happened on Eagle Road and that is probably why I am asking that question. Durkin: Specifically the lighting here is consistent with the Fred Meyer development and frankly I am not real sure what exactly it is but I know it is consistent with the overall lighting plan for the development. Johnson: That was a major concern when the development was approved with Fred Meyer and so if that carries through I am sure that will be (inaudible). Durkin: It is part of our overall approval process for the whole of the project. Hepper: Would there also be a sign like the one out there on the freeway, the one that you can see from about 20 miles away. , Durkin: No, there is a small sign in the center of the project. It is a different type of operation I think in all fairness when you have a highway type of location versus a neighborhood type of location. Steve Eddy operates quite a few different ones if you have ever seen the one by the mall at Emerald and Milwaukee that is one of his. Broadway and Linden over in Southeast Boise, that is one of his stations. He is under construction now with another highway monstrosity by the airport but this would be more of a neighborhood style. Some of the concerns we had and if you want, I don't know if you want me to go into it, but we are leasing the ground to him and we had some concerns on the some of the environmental things. We are convinced that they are meeting or exceeding all of the requirements. The ground water on the site automatically, goes through a filtering system so that in the event that there would be a spill on the site it doesn't go into the drainage system it goes through a filtering system first. That is collected. The car wash is ~Itered many times a day, there is a holding tank that the water is recycled over and over and over again. When they do flush out that tank that goes go into the sewage system but it is completely filtered through a series of filtering systems first. It meets all of the criteria for • Meridian Planning & Zoning Commission February 13, 1996 Page 53 that. So we are happy with that. The landscaping that we are showing in the front on Fairview Avenue is identical of the overall front of the whole center so that will carry from, this is the last parcel on Fairview that we have and that will carry all the way to the corner without any change. It actually goes a little deeper in some of the sections but on Fairview Avenue it is 35 feet deep and the berm will be the same height, the landscaping plan will be aggressive, nice landscape. Another thing I would like to point out and then this will be it for me, but Tom if you could just point out. the lot line between lot 7 and 8. We have a cross easement and use agreement. Lot 8 is to the north, it is our last vacant parcel and we are trying to, we are not trying to, we have a cross easement use agreement that we will be recording on the parcel and these two properties will share access points and we plan on building another facility there that will be compatible with this. That is about it. Johnson: Thank you very much, any questions from the Commission that haven't been answered? MacCoy: I think I will go back to this lighting, I am familiar with the places you talked about, I am just curious to do with the non-glare type lighting, (inaudible) lighting so much in the past few years here (inaudible) they show up very well in your establishment but they don't create a road hazard and they don't create a problem with the neighbors. Durkin: Mr. Commissioner, to be frank with you I don't have the details on what they are proposing to do specifically. We did cover this at length in the Fred Meyer parcel and i would be happy to add a condition that the lighting be the same lighting program as the Fred Meyer parcel that is in our lease agreement with him. I don't have a doubt that is the case, but if it will give you more comfort and satisfaction tonight I would be more than happy to. We have a recorded development. agreement with the City that is specifically covered in, however if that would make you comfortable that will be the same type of light that is a non-glare light. We have a number of shopping centers in other areas and 1 am really aware of that, how sensitive that is. Each time we build a center we try to improve it more and more. We will be more than happy to have that as an additional condition. Johnson: Anyone else? Thank you Larry, anyone else that would like to address the Commission on this issue? We need you to leave those documents that you brought with you for us if you would. Is there anyone else? I will close the public hearing at this time. Shearer: Mr. Chairman, I move we have the City Attorney prepare findings of fact and conclusions of law for this project. MacCoy: Second Johnson: Moved and seconded that we have the City Attomey prepare findings of fact and Meridian Planning & Zoning Commission February 13, 1996 Page 54 conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: Any further issues or discussion before we adjourn? Shearer: Mr. Chairman, I move we adjourn. Oslund: Second Johnson: We have a motion and a second to adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 10:48 P.M. . (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~,.,_ ~ .> ~n~ JIM JOHNSON,'CH 1 MAN ATTEST:. ~~V,~_,,.' Z WILLIAM G. BERG, JR., I CLERK • • Meridian Planning & Zoning Commission March 12, 1996 Page 11 Crookston: That "not" needs to be removed Mr. Chairman. Hepper: Is there any other discussion? Oslund: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby adopt and approve these findings of fact and conclusions. Shearer: Second Hepper: With the deletion of "not" on page 8? Oslund: Yes Hepper: It has been, a motion by Commissioner Oslund, second by Commissioner Shearer to approve the findings of fact and conclusions of law with the exception on page 8, roll call vote. ROLL CALL VOTE: Oslund -Yea, Shearer -Yea, MacCoy -Yea MOTION CARRIED: All Yea Hepper: Decision or recommendation? MacCoy: Mr. Chairman I would like to make the decision or recommendation that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law or similar conditions as found justified appropriate by the City Council. That the property be required to meet the requirements stated in the conclusions of law, the water and sewer requirements, the fire and life safety codes, uniform fire code and the ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Oslund: Second Hepper: Its has been moved by Commissioner MacCoy and second by Commissioner Oslund to approve the decision and recommendation, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: FINDINGS OF FACT AND CONCLUSIONS. OF LAW FOR A CONDITIONAL US 1 - _ ~ ... ~ • Meridian Planning & Zoning Commission = March 12, 1996 Page 12 PERMIT FOR A CHEVRON C-STORE, FUEL ISLANDS, CAR WASH, AND DRIVE THRU , WINDOW BY AVEST: Hepper: Are there any additions or deletions or corrections? (Inaudible) Hepper: Apparently we have a revised page where the word maintain has been changed to obtain on page 8, item 7, the last word. Do we have a recommendation on the findings of fact? MacCoy: Mr. Chairman, I recommend that the findings of fact and conclusions that the Meridian Planning and Zoning Commission. hereby adopts and approves these findings of fact and conclusions. Shearer: Second Hepper: It has been moved by Commissioner MacCoy and second by Commissioner Shearer to approve the findings of fact, roll call vote. ROLL CALL VOTE: Oslund -Yea, Shearer -Yea, MacCoy -Yea MOTION CARRIED: All Yea Hepper: Decision or recommendation? MacCoy: Mr. Chairman, the decision or recommendation of the Meridian Planning and Zoning Commission hereby recommends to the Meridian City Council that they approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. Shearer: Second Hepper: Motion by Commissioner MacCoy, second by Commissioner Shearer to approve the decision and recommendation, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING CONTINUED FROM FEBRUARY 13, 1996: REQUEST FOR A CONDITIONAL USE PERMIT FOR A SENIOR CITIZEN BOARDING, LODGING COMPLEX BY WAYNE AND KAREN FORREY: t s Meridian Planning & Zoning Commission February 13, 1996 Page 50 . Lawrence: I don't see that as a problem as far as the day care goes as far as my residence goes maybe you might see me here when they are applying for theirs. Hepper: As long as you are aware. That is all I have. Johnson: Anyone else? Thank you, does anyone else want to address the Commission on this application? Lawrence: I have one more question, as far as the hours go, like she says Micron, I don't know what kind of people I will be taking in, are they flexible with that. Is that flexible with that or is that set in stone how does that work? Johnson: We ask that question really in consideration of your neighbors. Lawrence: That would be my preference and consideration myself. Johnson: Your answer was fine it was, I would like it to be, in other words it wasn't this is what they are. I think that is fine. Does anyone have any reflection on that? Lawrence: Thank you Johnson: Is there anyone else? I will close the public hearing at this time. This requires findings of fact and conclusions of law. Shearer: Mr. Chairman, I move we have the Attorney prepare findings of fact and conclusions of law for this project. MacCoy: Second Johnson: Moved and seconded to have the City Attorney prepare the findings of fact and conclusions of law, ail those in favor? Opposed? MOTION CARRIED: All Yea ITEM #18: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHEVRON C-STORE, FUEL ISLANDS AND CAR WASH BY AVEST: Johnson: I will open the public hearing at this time and invite Avest or their representative to address the Commission. Larry Durkin, 380 East Parkcenter Blvd., Boise, was sworn by the City Attorney. i Meridian Planning & Zoning Commission February 13, 1996 Page 51 Durkin: Mr. Chairman and Commissioners we are the developers of the shopping center project where Fred Meyer is presently under construction and we have a number of other buildings under construction, the McDonalds is now.open. What we are talking about tonight is lot 7 which is in the bottom right hand corner of that plat. I want to point out that this is the plat that you have and the building here of record it has been a modification to the north property line. When went through a property line adjustment procedure. So this property is now larger. We took some of lot 8 and applied it to lot 7 and I just want you to be aware that l am showing you this for the purpose to give you an idea of what we are talking about in the larger scale but that is not completely accurate the way it is today. We have entered into an agreement with Chevron, it is the same Chevron operated by that operates the Chevron in Meridian by the freeway. It will be a similar type of operation. This is a 4,000 square foot building with your typical convenience items and food items as well as the car wash and pumps. We have on our plans and application met the conditions for the overall plat. As far as landscaping, drive ways, etc. We have read the entire staff report that we received from the City and we are in full agreement with the recommendations on the report and have no problems with any of them. I don't see any concerns. Crookston: Are you going to have a drive in window? Durkin: The back left hand comer or what would be the northwest corner of the building there is, it is set up for a drive through facility to pick up milk and things at that back. There is not a restaurant in it, it is for picking up, there is a dairy case there and that is where the register is in the store. So we will have that. Crookston: A conditional use permit is required for the drive in window. Durkin: Is that a separate procedure than this? Crookston: Yes, that is what the Texaco out on Eagle Road that is what happened to them too. Durkin: So you go through the conditional use permit for the Chevron and then you come back and go through. Stiles: Counselor, I believe the only reason the Texaco had to go back through is because they never showed it on their initial conditional use permit application. I was under the understanding that this could cover the whole thing since they did show this as part of their design now. Crookston: That would be fine with me. it i Meridian Planning 8~ Zoning Commission February 13, 1996 Page 52 Durkin: That would make sense. Crookston: (Inaudible) that did happen to the Texaco place I just wanted to reference that. Johnson: Well they hadn't shown (inaudible). Durkin: It is clearly shown in our application on this plan here and it is identifiable on the packets that you have. I guess it is really difficult to see on your packets but on the larger plans. that we have submitted. Johnson: Is there any change in the lighting that, from what Mr. Eddy has now by the freeway? Can you address that, we were kind of surprised by what happened on Eagle Road and that is probably why I am asking that question. Durkin: Specifically the lighting here is consistent with the Fred Meyer development and frankly I am not real sure what exactly it is but I know it is consistent with the overall lighting plan for the development. Johnson: That was a major concern when the development was approved with Fred Meyer and so if that carries through I am sure that will be (inaudible). Durkin: It is part of our overall approval process for the whole of the project. Hepper: Would there also be a sign like the one out there on the freeway, the one that you can see from about 20 miles away. , Durkin: No, there is a small sign in the center of the project. It is a different type of operation I think in all fairness when you have a highway type of location versus a neighborhood type of location. Steve Eddy operates quite a few different ones if you have ever seen the one by the mall at Emerald and Milwaukee that is one of his. Broadway and Linden over in Southeast Boise, that is one of his stations. He is under construction now with another highway monstrosity by the airport but this would be more of a neighborhood style. Some of the concerns we had and if you want, I don't know if you want me to go into it, but we are leasing the ground to him and we had some concems on the some of the environmental things. We are convinced that they are meeting or exceeding all of the requirements. The ground water on the site automatically goes through a filtering system so that in the event that there would be a spill on the site it doesn't go into the drainage system it goes through a filtering system first. That is collected. The car wash is filtered many times a day, there is a holding tank that the water is recycled over and over and over again. When they do flush out that tank that goes go into the sewage system but it is completely filtered through a series of filtering systems first. It meets all of the criteria for • Meridian Planning & Zoning Commission February 13, 1996 Page 53 that. So we are happy with that. The landscaping that we are showing in the front on Fairview Avenue is identical of the overall front of the whole center so that will carry from, this is the last parcel on Fairview that we have and that will carry all the way to the corner without any change. It actually goes a little deeper in some of the sections but on Fairview Avenue it is 35 feet deep and the berm will be the same height, the landscaping plan will be aggressive, nice landscape. Another thing I would like to point out and then this will be it for me, but Tom if you could just point out the lot line between lot 7 and 8. We have a cross easement and use agreement. Lot 8 is to the north, it is our last vacant parcel and we are trying to, we are not trying to, we have a cross easement use agreement that we will be recording on the parcel and these two properties will share access points and we plan on building another facility there that will be compatible with this. That is about it. Johnson: Thank you very much, any questions from the Commission that haven't been answered? MacCoy: I think I will go back to this lighting, l am familiar with the places you talked about, I am just curious to do with the non-glare type lighting, (inaudible) lighting so much in the past few years here (inaudible) they show up very well in your establishment but they don't create a road hazard and they don't create a problem with the neighbors. Durkin: Mr. Commissioner, to be frank with you I don't have the details on what they are proposing to do specifically. We did cover this at length in the Fred Meyer parcel and i would be happy to add a condition that the fighting be the same lighting program as the Fred Meyer parcel that is in our lease agreement with him. I don't have a doubt that is the case, but if it will give you more comfort and satisfaction tonight I wrould be more than happy to. We have a recorded development agreement with the City that is specifically covered in, however if that would make you comfortable that will be the same type of light that is a non-glare light. We have a number of shopping centers in other areas and I am really aware of that, how sensitive that is. Each time we build a center we try to improve it more and more. We will be more than happy to have that as an additional condition. Johnson: Anyone else? Thank you Larry, anyone else that would like to address the Commission on this issue? We need you to leave those documents that you brought with you for us if you would. Is there anyone else? I will close the public hearing at this time. Shearer: Mr. Chairman, I move we have the City Attomey prepare findings of fact and conclusions of law for this project. MacCoy: Second Johnson: Moved and seconded that we have the City Attorney prepare findings of fact and • Meridian Planning & Zoning Commission February 13, 1996 Page 54 conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: Any further issues or discussion before we adjourn? Shearer: Mr. Chairman, I move we adjourn. Oslund: Second Johnson: We have a motion and a second to adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 10:48 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: JIM JOHNSON, CHAIRMAN ATTEST: WILLIAM G. BERG, JR., CITY CLERK • Meridian City Council March 19, 1996 Page 68 Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley that new findings of fact and conclusions of law be prepared for the meeting on April 2, any further discussion? All those in favor say aye? Opposed? MOTION CARRIED: All Yea Corrie: We will have the new findings for you on the April 2. Lawrence: Do you want me to get you more information or send it to your office, I have had absolutely no contact or, I could have had these to you guys before. Morrow: I think anything you submit helps. (Inaudible) Tolsma: (Inaudible) does the State have any guidelines (inaudible) Lawrence: They do and they are a lot stricter for having children sleep over they are very strict as far as bedding, as far as the fire alarms, the fire extinguishers, as far as the children sanitary conditions. Tolsma: (Inaudible) Lawrence: Central District Health yes, and Central District Health can also come out at any time day or night and come into your day care and police you. Tolsma: (Inaudible) Corrie: If you would bring that information so we can incorporate that into the findings. ITEM #18: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHEVRON C-STORE, FUEL ISLANDS, CAR WASH, AND DRIVE THRU WINDOW BY AVEST: Durkin: I wanted to clarify two statements that 1 made that are included in the findings of fact of the public hearing and I wanted to point out a matter and an item in the findings of fact that conflicts with my understanding of the ordinance and what our application has included. First of all when I talked about this convenience store, this to refresh your memory is going on the east end of the Fred Meyer project at Fairview and Locust Grove this will be along Fairview. I said that it was going to be a typical convenience store of • Meridian City Council March 19, 1996 Page 69 4000 square feet which it is but my thinking was typical convenience stores in the travels and the other developments we are doing in other areas. But it really isn't typical for the Boise area. It is a trend, there is a drive thru window on the back left hand corner of that building and the convenience store the Chevron station will have 3 different food items that they are offering in their store. They have no inside seating but they offer cinnamon rolls, submarine sandwiches and pizzas. This is a plan that was presented last time. There is a menu board identified here and these people. can look if they want to order sweet rolls or whatever they going to order. There is no signage along the back of the building they drive over to this drive thru window and pick up and leave. I think when I was reading the findings of fact my statements in there were not real clear and I wanted to clarify that point. The plan that was submitted with your earlier packets included a small area of seating in the front of the store and that was an error on the architects part from confusion with a different plan. There is no seating, the plan has been revised and resubmitted to the City with the seating gone so that was another clarification I wanted to make. Then in the conclusion section of the findings of fact item 7 which is on page 8 that a conditional use for a drive thru window must be applied for and obtained. It was my understanding that is what we were doing with this conditional use process. We are obligated in our development agreement and platting agreements and everything with the City to go for a conditional use permit for each building that we build. But in this applicat~n we are hoping to cover all of that. In the beginning of the findings of fact it tells what we are trying to do that we are seeking a conditional use permit for a convenience store for the drive thru window. I was a little, I don't know if that was an error we did discuss that at the meeting but I didn't think it was going to be necessary for us to seek a conditional use for the drive thru after we, if we were successful in getting the conditional use for this. Corrie: I guess I have a question, the pizzas being made on the premises or are they frozen and you just have them delivered and are the sandwiches the same way? Durkin: I am not the operator of the center or convenience store so I am going to tell you what is being represented to me. This is a new concept for the Chevron's in this area although Chevron is doing this in other areas. They have a package that they buy from a food vendor and there is an oven and a mix program for the cinnamon rolls, they dump the mix in and throw it in the oven. They have the sub sandwiches are basically ready made and I am not aware of any cooking. They have I think three different convection ovens and then the pizzas, I have been told two different things. They have a machine which I have seen it is probably the size of this podium and the ingredients are mixed and it is cooked and the pizza comes out of the machine. Now, that is what they have used in a number of their stores with the mixing and oven in one. Now they are also considering going to a frozen pizza and getting away from that mixing. So it will be one of the iwo processes but I am not sure which one they are going to end up with here. There are plans that the file plans we have submitted are just ovens so there are no griddles of hood fans or anything C~ Meridian City Council March 19, 1996 Page 70 like that. • Corrie: Is there going to be a speaker system where you like McDonalds you tell them what you want and they come around and pick it up? (Inaudible) Morrow: My question would be what we have seen similar. to this would be at the Maverik stores now where they have an in store bakery that bakes cinnamon rolls and then they also prepare sandwiches and other pastries (inaudible) pre made and it is simply a matter of putting it in the oven and baking it and then offering it for sale, is that the concept? Durkin: That is the concept Councilman but I want to distinguish that it is much more similar to what you just described that it is to the Jackson station that is out where this is actually a Taco Bell in the store, it is not that type of a store. I happen to be a real estate developer and I am also in the food business, I have nothing to do with this but I go to food conventions that is where I have gotten to see, I have seen the different units that they are having at a couple of conventions recently, in fact they are having one today in Seattle on this new food concept. It, the drive thru window I would just have to tell you from my experience and what I have see would be extremely limited. The bulk of their business is definitely going to be in store compared to that of McDonalds where about half their business is in the drive thru. They don't have the speed and convenience that it takes with this system a drive thru to do substantial amount of volume. But it, the convenience stores are changing and some of them are offering dry cleaning and some are offering different things. The food package like you are describing at Maverik is definitely the trend. This is the same operator, Steve Eddy is the Chevron operator who operates the Chevron in Meridian and operates them throughout the Treasure Valley. Corrie: Any further questions? Thank you, Counselor, that item 7 on page 8 would they have to do another conditional use permit for that drive up window as well? Crookston: I believe that why I put that in there is because I looked in their application and it doesn't state that there is a request for a conditional use for a drive thru window. Corrie: Did their application say that Shari (inaudible) Crookston: Under our ordinance it says that a drive through window requires a conditional use permit. That is why I put it in there. Morrow: Well it seems to me you are double conditional use permit. So do you have to apply for every potential conditional use permit that you might have at one site in one • • Meridian City Council March 19, 1996 Page 71 project? Crookston: No I don't think you do, you apply per all the conditional use permits that you need. Stiles: Mayor and Council, although the cover sheet and the application page did not include that, the letter included with the application did provide for a drive thru window and also their site plan clearly depicts a drive thru. Corrie: Counselor any comment on that one? Crookston: Well it would be fine with me if you want to grant a conditional use for it. But it was not stated in the application. Durkin: I don't know if it is appropriate to turn this into Will this is the letter with, the cover letter of the application dated January 10. It says conditional use Crookston: I am not sure I ended up with that. Durkin: Conditional uses will (inaudible) drive thru window located along the north side and generally accessed from the southeast. Crookston: I have no problem with that. Corrie: You can strike that from number 7 on page 8. Morrow: Mr. Mayor, I would move that we accept the findings of fact and conclusions of law as prepared for P & Z striking item 7 on page 8 of the conclusions. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to approve of the findings of fact and conclusions of law as prepared by the Planning and Zoning and striking item 7 that reads a conditional use for a drive through window must be applied for and obtained, any further discussion? Roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie: Entertain a motion for the decision or recommendation. ~ ~ Meridian City Council March 19, 1996 Page 72 Morrow: Mr. Mayor, the Meridian Planning and Zoning Commission recommend to the City . County that they approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma on the decision and recommendation, all those in favor say aye? Opposed? MOTION CARRIED: All Yea Crookston: I would just reference for the Council's information that when the Texaco drive thru window on Eagle road that they had not applied for that and the Council told them they had to apply for that. They had made no reference whatsoever to the drive thru. That is different from this, but that is why that was in there because it was not in their application. ITEM #19: REQUEST FOR A ONE YEAR TIME EXTENSION OF RAVEN HILL SUBDIVISION FINAL PLAT: Corrie: Anybody here representing Raven Hill subdivision? It is just a request, Council are you ready to act on that one? Shari any comments that you want to make at this time? Stiles: Mr. Mayor and Council the date that final plat was approved was April 4, 1995. Corrie: Thank you, Council? Morrow: Mr. Mayor I would move that we grant the one year time extension from April 4, 1996 to April 4, 1997. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree the request for a one year time extension for Raven Hill Subdivision be extended from April 4, 1996 to April 4, 1997, any further discussion? All those in favor say aye? Opposed? MOTION CARRIED: All Yea ITEM #20: REQUEST FOR A TIME EXTENSION ON THE LAKE AT CHERRY LANE N0. 4: 17~(~~~UU(,U:3U AMENDED ORDINANCE NO, 6S4 AfJ AMENDED ORDINANCE OF TILE LI'PY OF MERIDIAN 11fJNE3CItJG AND ZONING CERTAIN REAL 1'EtOPERTY WHIC}I IS DESCRIBED AS TEiE SW 1/4 OF 'PILE SW 1/4, SECTION 5, TOWfJS1IIP 3 fJOR`I'II, RAtdGI: 1 EAS'P, DOISE I•}L•'RIDIAt•7, ADA COUNTY, IDAHO; AIJD Pi2UVIDING AN EFFECTING DA'PG. WHEREAS, the (:ity Council and the Mayor of the City of Meridian, Idaho, h:~ve concluded that it is in the best interest of said City to annex to t}~e said City real property which is described in Section 1 below: IJOW, THEREFORE, DE IT ORDAINED by the t•tayor ..rnd City Council of the City of hieridian, Ada County, Idaho: Section 1. `T'hat the real Property described a : Thy Std 1/4 <~f the SrJ 1/4, Section 5, `T'ownship 3 Itortlr, Range 7 Past, Doisc t•ter. ic}ian, Ada County, Idaho is hereby annexed to the City of tderidian, and shaiJ. bo zoned C-G, General Retail and Service Ccrrunercial; that the annc~xal_iun acrd zoning is subject to the conditions referenced in the (,indin<J:; of Fact and Ccnclusions of Law as adoPtec± by the t•leridian Council on the request fir annexation and zoning. Section 2. That the ro ert~ P P f shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the AhPlicant will be required ko conne~:Y to tderidian water and 'r and resoLvo hc;~.~ th~• :a~it<. se•.a~ 'r and sewer mains ~.ri11 5ervc the land. b• 'T'hat the dev<~lopmer:t of th~~ Property shall be su}~j~~ct to and controlled t:y the Subdivision ~~nci Uc~velor,ment Ordinance anti the ;;eridian C ~ ` ornpr-ehen:;i~.-e 1'aan ac'.cpted January 4, 100x. c. That, as a conditicn of ..nn~xat:ion, the ^Pr~licarrt shall be re~Iui•.ed to entFC into a develoP.-,;ent agreement as authorized by 11-2-416 L and 11-7.-417 D; that the deveLoPmenL agreerr:ent shall address inclusion into the subdivision of the reau trements of 11-9-6U~~ (.:, c;. , H 2, ANNE3CATION ORDINANCE - AVES1 Page 1 i • • Z~U:~(;UUU31 K, L of the Revised and Compiled Ordinances of the City of Meridian and ottrer matters. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and r:quiremerrts, 11-9-605 t•i. which pertains to the riling of ditches and waterways, and 11-9-606 B l4. wtiictr pertains to pressurized irrigation. e. 'Phat these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet t}~e requiremerr*_s and conditions of the Firrdirrgs of Fact and Conclusio~r~ of Lacy and meet the Ordinances of the City of Meridian. g• '1'he requirements and con-:itions of the finding.^. of Fact and Conclusions of Law and meet- the Ordinances of the City of t•leridiarr. Section 3.; That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly an.-i clearly designate the boundaries of said property, to be filed with t}re lda County Recorder, Ada County Assessor, and .the State Tax Commission within tern (10) days following ttie effective date of this r Ordinance. Section d. GFFECTIV,; DATE: 'Phere being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its p.~ss~ge and approval as required by la~•,. P~?SSI:D b,~ t;:e City Council and ~~1?pro~,~ed by t1:~ tta.yor of t}ie City of t•1er.idian, Ada County, Id~rho, t;lis ~ <.a of ' y ;;c v. 199 . APP?2OVr•:D: r / ! .~ ;. / • t1.a~~o1( -- G1~--:ci'r P. xlrlcsFclzu --- _ '" . i _. _ _~~ ~~ILL It?i•1 G. BER(.;, J12./-- 'I'i'f CLEitfi _ •- _ .-. :..J _, _ _ 1 ~. _ _ ~~ _ A2TtIE:CATION ORDINA2ICE - AVEST ``~~'-~'-~-'~-~ Page 2 • ~5u•~uc~vuz:~ STATE OF IDAHO,) .~ s . County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN AMENDED ORDINANCE OF THE C_TTY OF MERIDIAN ANNEXI2IG AP7D ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE SW 1/4 OF TfiE SW 1/4, SECTION S, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND pROVI.DING AN EFFECTIVE DATE," passed as Amended Ordinance No. G54, by the City C ncil and Mayor of the City of Meridian, on the Si' day of ~,~~ ; in my office. 1994, as the same appears DATED this ~`~% day of OG: 1994. Y ~1r.~ti~~~ C~ :: ~~.: ; - City Clerk, City o •feridian Ada County, Idaho J~I i ;.. ., ~ . ~.. ~i ~; pD '. f: _ ~.. ..._ . .. . . STATE OF IDAHO,) ss. County of Ada, ) ..',~ - ,~ ,. .r . '~ > .. Y _ i' ~. Ors this /~~-_ day of /~/_ c__ v. 1994, before me, the undersigtred, a Notary Public ir, and fir said State, personally appeared WILLIAM G. BERG, JR. known to me to be tl~e person whose name is subscribed to the within. and foregoing instrument, and acknowledged that }ie executed the same. It1 tvI'I'NESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this, certificate first above written. •~:. SFIIL ANNERATION ORDINANCE - AVEST ,~ \~ ~ ~ ~ ~ i i>'ot~r~.' Publ ~.c for Idaho Residin~~ at Dleridia~i, Ic3alio M~ Commission Expires G.~ ~J~ ~ Page 3 • ~• TT,~~2Y SF•:tVFR E:~SE1IEtiT ~/ ~~- I S IP]U PURE, made this -mot day of /Ud Cl ~ , 19~, bet-.:e°n Ur;, ;1,} ktii rGcQ K ~ '~• ,the ranies of the first part, and 1terE:~?=er called the Grantors, and the City of Mendian, Ada County, Idaho, t!u party of the sece :•' ~s;, and hereiratl:.•r c<illed th% Grantee; ' WITIvESSETH: ~•~REAS, the Grantors dcsuc io provide a sari:_:-: se•.~'cr right-of--way across the premises and property hereinafter particularly bounded ar.~ _escribed; and WHEREAS, the sanitay sewer is to be providt' f~: i}•lough an urder~round pipeltr.r. to be constructed by the Grantee; and _ _ WHEREAS, 't will be necessar; to maintain arc ::-.ice said uipclinc iiolil t::ae tv (i;ne };'• the Grantee; NQ\1!, THLREFGRE, in consideration oftt;e '_;~.:-;;; ul be rc:.ei•.•cd by thrtC~'.r1tOiS, and other good and valuao}z ce;~siderztion, the Grac;~: s ::,:,a,eb}' ~ ~ e, grant aau con'. ev un;p tl:e Gr-r~tee the right-of-~wa,: for an ca.~cment for th•~ ~c~~s~~:c;ion, upcrz::rn i:rd rtiir,teni?^;:e of the server line over 3rd across t};e ft;llo'.ving descrih:~ .':~~erty ~. J 1 ,- , 11 1J (~ ~J .! ~ . _. 3C1~:. . ,. I 1 - - r~ ~. _ _ Lis ~~--r~i~-~-~ Tne easzrner.c ce.~~y ~-ri:nt:.~ a fer .,.~ __ ~~~ e~ ~_-:s-_"id?f~~'a oc~_~: n _ szr.itar: sea~cr line i?^.c: i?~L~c.' `~c-litic~ tee^,..,..- ..;:......., r-..~,,..,-:~~c~, rco::i: ~..,i '~ c` the con~.cticrce of the Gr~. tha ~-~- . _ - ~~ ; ',' -~_.,. ~. ._ `~ii,i ... ~ _ - -. 1C_.;;5 :v SL~~1 .....:11i;CS : i .~.7'• .:n:1 _.1 .... ~~S i 0 Fi.-~~ ~ .-~~D TO HOiD, ti;e sr.~_ _ .;, ::;;I1 ~.._ ~~-,`• :~' L'r.tJ (','- ~~:c ~:: ~:-:~° i(j jUi:CCSSt,rS and 15jl~ilj fQr~~'Er. _ _ • • dbl. ~~(IvU~;;s ~~ Ii IS EXPRESSLY (UNDERSTOOD A~W AGR,(•;E), by and between the parties her,:to, that the Grantee wiil timely complete the work of lying the sanitary scw~r line and restorins t(te premises used therefore to a condition comparable with tftat existing prior to exercising this easement; that, in making future repairs, the Grantee will expediently replace and restore the premises to a condition comparable to that e:cistcrt prior to undertaking such repairs and replacement. THE GIL~TORS hereby covenant and agree that they will not piacc or ailo~v to be placed any permanent structures on the area described for this easement which would interfere wish the use of said described easement for the purposes stated herein. ~ IS riER.EBY FURTHER AGREED that the Grantors do hereby give and grant to the Grantee the tight of use during initial constructioc a temporary construction casetuent over a strip of land described as follows. ~ fS UND~ERSTOUD that the strip of land described in the prc•:ions ri~a~.raph is for tae purpose of constructing said sewer Line herein described, the same to expire wren the initi~.1 construction is completed. tT iS UNDERSTOOD t~'~'D AGREED that the Grantee will restore sW~ condition comparable to that existent nrior to the undertaking of Lhe construction oT welt se~•:e,- lutc. THE GR_4-N"I'ORS do hereby covenant with the Grantee ;hat tF~; ;_re 1=;~;;:11~. seized aid possessed of the aforementioned and described reset ofiand, and ;hat t;;ev ;:a•,~c a ~erc anc ia•.~ ri:i ri;ht to convey said easement, and that they ,~.~ war, ant and forc~~cr dct~n,? the ti='e and :,,::et possession thereof against the ia~~.-i'ul c!auns Dial] persons ~~homsoc~~er. WITNESS 11'HER.EOi , t`te said ;;aeries o: the nest par, hs~•c hc:c:~,•'^ s::bsc~bc~± ;, .ir rg;:atures the day and yesr first i;erzinabove written. . S.L~rr.~RY S£tiYF;I E.~SE`•1L\T. P.. =e ' • 6!-~~- sra~ of rDAxo ~ Ss County of Ada • ~.b1bU()U~;4~ .. ~/~ • ~ ~'L~~L On this .~~_ da of ~ ~ ~(~'~~ Y '~' in the year ~' ~ ' ,{ , fore me the undc in~ned, aNoiaryP,~}blic in and for Statc, personally appeared > > .. _ and V ~ known to me to tie the persons whose names aze s bscribcd to the foregoing instrument, and acknowlcdgcd to me that they executed the same. . ~ fiT. WITivESS WfiEREOt~, 1 have hereunto set my hand and affixed my o~nal sell the .~ `~ d~Y P,nd..Yeaf Gst above written. . C• ' ~'~~~ " ~•~ NOT Y ClBLIC FOt~ AHO Residing at ~ 1~ 8 ~oh <~~,r Commission Lxpires:~_- 4Q~{ S~ti 11';..RY SE'w F~ r.1SF?.~1t"r. P:y ~ • ~~ ~ ACI FIC 4GU 1? r;.at! a ay Fr: c n~c suite ? I _' Rt7icc. Idatu $. -U6 CtIIIBIl' ":~" S_ctcmhcr 29, IS71 LI:G,\L DESCRII'TIO~' S~\Nl'T,~R~' SEIYER E.aSL-'~1Er`JT F,\IRVIEW A,`D LOCUS~C GROVL= :1 irac; of laid located in the Southwesi .;::a~tcl and ttie SuuLtieast quarter •of t11e Soui:-1•.:est qt: arter o(St:cticll 5. '1'ot~•nship 3 \o.l~, Range 1 Fast of _:, Boise \Icridian being more parti•~uiarl; described as follo•.~•s: Co+nn:_ncing at a [3r3ss Cap tt:ilnun:e:u found at the South~,~•est corner el said Se ;ion i; 00`6•?-i" East 71.-t~ feet aloe the '~\'_ thence '.oR,. ~ 'Jt 1!!1C Of S:lld SelilOn ~ f0 a p01ni; [;~~ ~~~ St?Lill \'J' i~.~6.. E3s: 7S ~l feet to THE TRUE POLY"I' OF EEGIN~'It~G. sail point being rn t11e ~~;?Ileilti• ri,;:;.~lf-•,L;•; lit?' e•~ Fain•ic•.v :\~enue 3s described in t,`t de;:d to flu: Stag of Id3llo and re~c•rc':,; on :~;;~:,: ~ ~ - Instrument \o, 3S079~;; ~'~da Coun7 Deed IZc~crds: thence \~otvl -:1 ° ±r~' i S . >,\~.,~ ° • t - • 11"- `. _ t 1: ~6 ice; alac, the \t)rtheasterls• right-of-~.vay line of \',•r01 LOCUS[ (~rut'e Road as descr:o:d ul i.Fl;a t1ee:1 to :\~!3 C.'unr. Hi,;hway District and recorded t~.13r~!1 '~, (y9; as In~.tniment \o. 9.3~I1-:0, :\,l (_'._. . a point being 10.00 feet distant fro~:~ :., ~ ',\'~ a t_ n:} D•.ed i:e:t;r.;s to ~stcrl;• exiensial of ~ e Nc:?h right-t~f••.t;:~ ~in;~ of sai,i i~air:icu A',enue; ttlenCe South 5')°32'S6" rast~i?SS.39 iec[ and parallel ~~itlt the \orih lint. of said F;;ir~•ie'.v .~r_nuc (O a point l rllg IS,OQ iCet \\'CSte: i~ OI lhe: 1_35t line OI U`lai iraC[ Oi 1}13( (raii Ci land descl'rbetj b1• ~ 3t ~?eed to Rog~_r I1. ,\Ilen and Vi: o .~• .bini3 :Men recorded December ~ 19a3 as Insinln?e:?t ~'u. 9:06-0?..~d3 Counr: Dc•~d Records; thenc•~ \o. ~i QO'2(i'SS Fast ,70.1)0 teet alld pa:allel with ille I=ast ;ine ui ;.:id :'~Ilen rr3t 1 to a point: thence South S`;-:.'Sr;" F;lst 1•i.t_)0 feet and parallel with t1?e \,:r;;? rii?t-,~f•~ta~ of sai~ I'3ir~•i:.~.~• :\~•enuc w a i;uint on •, _ Eas t lint; of said :Men ~, „!r~~, h;; (=:~st .ir: ;; 'I~ - tra;t: thence South (?~j~_~;•~C. .1\.~~t ,a eS ' .. _ ;11:' ai :? ~a:i 'J :1 ~11t1f l:l] iii;, ~'i;'' __ t.'°. J`~ ?L•~6 «`e5l' i ~(~I) ., ~ i~, ~ p ~ ul ilr?~ Ot _:?itI l iC'~ ~~'.t' :\~~.~;:e: U?„ri__ ~OR.`1 v ~'. GL=c;I~~~'I~'G. 't' ~ _ tI1C `'ttrUl rlcli(-Of-~ta~' Ilil~ i)i S31(I 1'^Ir' ,'.t'•,-~ ~I1,,., iJ i;le POI`1 OF Sz,,i ;rapt 01 !i?,:;, .. ,t[~n;s ~' _ -_ . .. squ:,:., ,,.:: or !i. ~_ S acres n..,... ~ r jc Il;e b;:sis of be a ir;~ tai this ~_..-a,tion is lle:rr.i ,.1 . ~ /~%1 +; - ~ ~ • 1 . ,t • ~~> ~ t: ~~ ' ~ I:li~t ?.:_.~:Of1l~.n t:t~~ ~ _ !'Luttrtnr • I:n.utt•crtnc • Stnt c~tat•1.ar..!.c,ti`cA:,Itrtc':tu:r•Cr.tn.•nit:i:n.~l~rttt.,. a • • r SEWER EAEEMEni~T E - . J _ ~ __~.~~ `. ~I 1 ,~ ~; ~ ~ , 1 ~~ ~ ~ ~, 1 ., i it 1 l ~~ r~ << ~~ I (~ t L" I I <~ Lr ~ _ <~ ~'~ I <~ I I J i `,_ I F. ~ I Q. 1 I !-j I I ~ .ro li ~I ~~ ~~ /~...lP~.:l~6'/M~10+90KO1.~1/1.9k~/I:^n^WTi.•.?T^r',. ~.. .~ V~-_ --+------ '. ~,~ a ------- - -- ---------------- -- - --- - -- • • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p. m., on February 13, 1996, for the purpose of reviewing and considering the Application of Avest for a Conditional Use Permit for land located in the SW 1/4, SW 1/4, of Section 5, T.3N, R.1E, Boise Meridian, Ada County, Idaho, and which property is generally located east of the corner of Locust Grove and Fairview, Lot 7 in Avest Plaza. The Application requests a Conditional Use Permit for a 4,000 square foot Chevron C-store, fuel island, and car wash. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 25th day of January, 1996. ILLIAM G. BERG, J ., C CLERK WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~ HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA EYEE C GLENN R. BENTL 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Departrnent (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8< Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: February 6, 1996 TRANSMITTAL DATE:_ 1/18/96 HEARING DATE: 2/13/96 REQUEST: Conditional Use Permit for a Chevron C-Store, fuel islands and car wash BY: Avest LOCATION OF PROPERTY OR PROJECT: Locust Grove and Fairview. Lot 7 of Avest Plaza JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ADA COUNTY HIGHWAY DISTR T Development Services Divisio ` Development Applicatiotr~eport >~ ~~ ~: !r r.s.~ MCU-4-96 Gas station and convenience store with r,~_ «ash Fairview Ave east of Locust Grove Roa ~ _~~_ The applicant is requesting conditional use approval td"consti~. nvenience store with fuel Roads impacted by ~ `"e pumps and a car wash. The 1-acre site is locate north s, Fairview Avenue, 1,500-feet east of Locust Grove Road, Lot 7, t Ply Subdivision. This development is estimated to generate 2,330 a` ditio " ips per day based on the Institute of Transportation Engineers Trip Brener on man The original traffic study for the Avest Subdivision projected that th "~d si outdo ` nerate only 500 daily vehicle trips. A iv Avenue Grove Road January 24, 1996 - 12:00 p.m. • ~.;-. - 3 ~ l r ~ ~ ~ .• `~. oc' ... ~ __._ 4.: . t~-c_t~, Y ~. MIRAGE MEND -- DOVE MEADOW8 7 - . . O .: ... .•. 1 , ua M ~' ~UBDIV~~IQN ° ~' O ~ -~ ~ , . ~~ F- U ~_~ 1 ~ \ ` O ~ ti ~ ~~~ O Z stioti 4 `~ ,. 1 ... ~•:.~ ~nAl 'c Fti ~F~ • - FAIRVIEW AVENUE ~ ~ - _, I'I ,; I -~ ~ , ' ~~ .. . __ _ ~'I PLEASANT YALI,EY SUBDIVISTON IJ ~I~E L®CAT~C~~ APPROXIMATE SCALE: 1"=300' Z ~ ~ O O ~mo_` e ;u~ G~2 `~~O f .. i \n~ ^8 Q N r J N'= `~ ~ I W n ~ ~~~ ~ z~2 ` ' o ~i ~ y ! ~ ` O U I i W n ~~ R ~ a -R R i ~S~ F~~~ ~ i _ _ si-suJ x2 {~ s t ~~ ~ s ~ ~~~ A O j r P g ~ ~~ @~ rti ~ \8. 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I l:, n ! o w w w ~ ` -~ ! ~ ' ~ \ I ~/ '1 I 1 I ~ I I I 1 -4 I 1 I Y ~ ~ Z I ~+ ~ I I i ~ __ I _ it = _ _ y_ J ~ ~ j !L l ~ ~ Q 1 ~ / ~ ~ ~! ~; v ~ , i 1 J~ ~_ ~ h ~ w ,a w .w.w Q~O~ d~~1 ~~i ~ ~~ 1 1 V .--- . 1 ' ~•-r I I -- ~ P ~, Q~ _ ~ Z } d i d ~S33 ~ y a ~ a e y ;: a s~ S :L y o ~ V N _ ltJ ~ ~ ~ '+ p ! ~ ~ [ ~ t 5 4 C = ~ ~ ya E~~ ~ Y~ 344 ~ ?~y ~~ / ii ti ~ ~ o }` £ W ~ S _' ~ ? ~ ; ? r d ~ ~ ; ~ J o~ ~a tp n !i I C _ .` ~, LL •' i l I ? ~ ~~ ~ S ~ L ~f 5 ~ r ~ r ; eL ~~ ~f '- a Sg @~~#S ~~trF i~~ ~~~ ~g ~~ ~yt ~ 90 ~~a6 SSE ~ °y~ 6 Y5{ f~ ~` of ~~ 6s ~ ~ ~ 9F Ba~~ g .3 a ~ n ~ ~ ~ 6~ ~6~ 4' ~~ ~~ ~ z cn s4 §g~~~ €_ °~r~8 ~~' ~~ i Z ~x t36 Ee o~ ?i ~ OZ BI~;~ .p~r ~.~~~q ~Ee°3~t~Y 6!Y 4 Qi~ ~~;~ ~y7~~ ? ~ ~ Y t~E~3FyS:~~~~~~~Y:a~S2si$:~~~ Z ~:: ~fgis :n~~: Facts and Findings: A N N Fairview Avenue is improved with 68-feet of pavement tapering to 80-feet at Locust Grove ~~ Road. ~. ~„~ ~~~ Locust Grove Road Minor arterial with a bike lane designation Traffic count 2, 885 in 1994 (n/o Chateau Drive) 0-feet of frontage B. This lot was approved through the final plat of Avest Plaza Subdivision. The following requirements were made of Avest Plaza Subdivision, that pertain to this site: 1. A 5-foot wide sidewalk along Fairview Avenue. 2. Pavement tapers for acceleration and deceleration at the loop road. 3. The loop road shall be a maximum of 36-feet wide. 4. Construct apedestrian/bike path along the site's east boundary. C. The original traffic study for the site estimated only 500 daily vehicle trips. This project is estimated to generate 2,330 daily vehicle trips. D. Two driveways are proposed to the site from the loop road. The loop road is not a public road. Staff recommends that the southern driveway on the loop road be located a minimum of 100-feet north of Fairview Avenue, because of the high amount of trips estimated (2,500) at the intersection of the loop road and Fairview Avenue. MCU496. WPD Page 2 ,` uate to accommodate the additional traffic enerated E. The transportation system will be adeq g by this proposed development. ~. ~ :. F. This application is scheduled for a public hearing hy:the Merid~~ finning and~''Zoning "_ ,:_ ;~ Commission on February 13, 1996. ~;z:-. The following requirements are provided as conditions for approval: ~~~;~ _ ~; ,; Site Specific Requirements: i`~, ~~~ ,, -y 1. Compliance with the requirements of Aves~ Plaza Subdivision. The relevant requirements are as follows: , ~: :~'' :~`~ ~; 1. Construct a 5-foot wide sidewalk a.` ~.~.a"irview Avenue. 2. Constructpament to ," ~ or acc ' tion and deceleration at the loop road 3. The loop roa , e a ~ of 37-feet wide at the intersection with Fairview Avenue. .~~~ ~ ;_. 4. Constructs pedestrian~bik~ path along the site's east boundary. 2. Access to th~~Jloop road shall be prohibited for 100-feet north of the back of curb or pavement oFairview Avenue. x >~~ ,~~~ ~,< 'tea „~ r Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the Development Services Supervisor. The reauest shall ~ecifical~ identifyeach re uirement to be reco idered and include a written explanation of why such a requirement would result in a substantial hardship or inequity The written request shall be submitted to the District no later than 9.00 a m on the day scheduled or Co 'ssion action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested reconsideration. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. A request for an appeal of the Commission's action shall be made in writing to the Development Services Supervisor within 15 calendar days of the action and shall include a minimum fee of $110.00. The appeal will be scheduled to be heard by the Commission within 20 calendar days after receipt. The request for appeal shall specifically identify each rec~irement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. MCU496. WPD Page 3 -' 3 • Aright-of--way perrriit must be obtain ed from ACHD for any street or utility construction within the public right-of--way. Utility cuts should be combi w ~ practical to limit pavement damage. fli treet cuts in r~a~~ „a.,P.~ ~;*~,;.. . r___ ___ ... _ •• L, 1-~ 1 1 ~ ~ Ponta ction Services at 345- 7667 (with file number) for details. ~ :~ ;~;~~. 4. Submit site drainage plans and calculations for re ~ appropriates action by ACHD prior to issuance of building permit (or other required perry _ e proposed drainage system shall retain all storm water on-site and shall con#p to' ' ements of the city or county having jurisdiction. , : s Public street drainage facilities shall hcaocated. in th cright-of--way or in a common lot owned by a homeowners association het asid~``spec;it~` a ly for that use. There shall be no trees, fences, bushes, sheds, or other"vane ameftr'~ties placed in said easement. Drainage lots and their use restrictions shall`~be noted t~n,the plat (when applicable). 5. Locate drivewa5*~ is a of 5 feet from the side lot property lines when driveways are not b'` red ~ adjacent property. 6. Construct pedestrian ramps. ~, corner of all street intersection in compliance with Idaho Code, Sectiogr~0-1335. `~~:,,. 7. Dedicate a u~ to a 20-foot x 20-foot right-of--way triangle (or appropriate curve) to keep street impr~v nts~watfiin the public right-of--way at all intersections abutting and/or within the developme~3it',, br to issuance of building permit (or other required permits). 8. Continue existing irrigation and drainage systems across parcel. 9. Continue borrow ditch drainage abutting parcel (culvert may be required). 10. Provide written approval from the appropriate irrigation drainage district authorizing storm runoff into their system. 11. If street improvements are required, locate obstructions (utility facilities, irrigation and drainage ditches and appurtenances, etc.) outside of the public right-of--way. Authorization for relocations shall be obtained from the appropriate entity. If determined by the District, existing irrigation facilities may remain in the right-of--way with District review and approval of easements recorded for future relocation at a later date. 12. Locate proposed sign(s) out of the public right-of--way and out of the clear-vision sight- triangle of all street and driveway intersections. 13. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross-street. The stop sign shall be installed when the project street is first accessible to the motoring public. MCU496. WPD Page 4 14. The developer is required to install street name signs at the locations approved by the Ada County Highway District. Purchase street name signs, sign s, and mounting hardware from ACHD's Traffic Operations Department or an ap~rov `~ ~de supplier. The District will not manufacture street signs until a copy of the ~ecorded^ ' ping the~~cording data _ ~ ,,_ .. has been provided to Development Services staff. ~` ~- 15. Any portion of a street which is required by the Dis ~~, be designated as "no parking" shall be signed as "no parking" and red painted c t be required. A "no parking" sign plan/curb painting plan shall be submitted t ' CH y Services staff for their review and approval prior to final plat appro "~ e Distric~~~- If a final plat is not required, the sign plan/curb painting pla~~ iew~ rc~val shall be completed prior to issuance of building permit (or other required permit ,. , 16. Provide a clear vision sight triangfe~'at all wewayand street intersections. Within this triangle no obstruction higher than' E~-inG ' ~e the top of pavement will be allowed, including but note `~`~ 'ted to la "~ ping,;,.- ~ ,fences, walls or shrubs. The triangle shall be defined witfi` ~ leg 200-feet to 540-feet (depending on speed limit) along the centerline of an'" nd t leg measured from the curb line of the road 20-feet along the centerlin ,g sec driveway or street (see District policy Figure F7). Provide notes of-these res t~ on the plat/site plan and street construction plans. wI I~ 17. Submit three; sets of street construction plans to the District for review and appropriate action. 't ~ ~4; 18. Provide dest ~ ` f~r~proposed access to public streets for review and appropriate action by ACHD . 19. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 20. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 21. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. ~. MCU496. WPD Page 5 22. Construction, use ~Id property development shall be in conrormance requirements of the Ada County Highway District prior to Diict Should you have any questions or commen Division at 345-7662. Submitted by: Development Services Staff Y~Y 1 (r~, :."r; <s, ~~ , ~ ? 'F~ -..s R` ~`7 c.' t ~„ ~' all applicable tl for occupancy. MCU496. WPD Page 6 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P 8 Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY ~ COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA n~EE C L ENN q. gE G 33 EAST IDAHO MERIDIAN, IDAHO 83642 P 8 Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/BuildingDepaztment (208) 887-2211 TIM HEPPER Motor Vehicle/Drivas License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8< Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: February 6, 1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/13/96 REQUEST: Conditional Use Permit for a Chevron C-Store fuel islands and car wash BY: Avest LOCATION OF PROPERTY OR PROJECT:_ Locust Grove and Fairview Lot 7 of Avest Plaza JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT ,POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM ~ FINAL PLAT) U.S. VYEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES YOUR CONCISE ~G JAN 2 3 1" Cl1`Y 4F '~~~~!~n'-ti WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE Y,gLj,Ey ~ COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA EE C GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 1' & Z COMMISSION Phone (208) 888433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuildmg Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivecs License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: February 6, 1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/13/96 REQUEST: Conditional Use Permit for a Chevron C-Store, fuel islands and car wash BY: Avest LOCATION OF PROPERTY OR PROJECT: Locust Grove and Fairview, Lot 7 of Avest Plaza JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PL~CEIVED ADA COUNTY HIGHWAY DISTRICT ~`' ADA PLANNING ASSOCIATION ~JpN ~ g 1996 CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT CIl'Y U~ MERIDIAN IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) CITY FILES ~` / C_ if OTHER: // 7 YOUR CONCISE REMARKS: d FS W:L /tJ..Q~ P3~ SQ ~ fq- .e ~e~- ~~~-_- -n to a a y e w ~ o- w y~,,• r~y ~~ o m m 3 ~ :. m '~ f.+ p.:. m E. c i.+ 8 F.:• m ^..~. ri ~ y `° a <• N o n ~ ,~ w > ° G~ ~ coo ~ .. ~ °: y g `" g ,d f9 W~~ O o H o 0 5 ~ 70 7C ~, ~ o ~ a ~, ~', a ~ :, w ..• ~ a ~ ~ ~ E ao e5 p ~ CrJ Ci7 •p per'' ~ cite' '°=' c.m Z ~~ Q$#' ^~ Z •'~ ~~ Z ?:•~ ~,~~, _ "~•c ~~ ~ao3° ~ c~.~ ^'?o o~ ~ ooh ~o~ O ~+~ ~ •v ~ °:~~ 3 ? ~ ~ • s7 ~ 2 3 ~ ~ ~ m '+ as ~ ~ -^ ~ v g 3 '. ~ , 3 ay a 7o eg $ ~ g o a. ~ O .,, ~ m~ ~Bwo m rsw ~o., ~~ ~~3R ~.2~ N E H ~ EE S.g ~ ~~ m ~, e o co ~ ~ ° ~w a ~ ~ H ~ a ~o m~ ~~ ~ ~ ~ N p N00b 7 - ~~ ~ .+ ~ ~ NQQ ~~ ~O ~ O C to Q G.Q ~ fi 8 B i; ^.E p ~. ~ aH F€~~, ~ O e•y ~ H ~ ~ ~ ~ E >o N O ^ '~ O nl Q. ~'•• to ~• fp .T ~ q M a• a q ~ ~ ~~ Y ~ 2 ~~ ~ a~ _m ~ ~ ~ Q o ~ ~ _ 1~ ~ ~. ~°•n~~ o Imo °x ~a •o°'" c ~ wa n ~"' ~ C yew ~n ~ ~' ~ ~ ~~ 8. ryrryi~iAAa~ ~ <^ ~E ~~'°e~ y ~~ ~ a°H in v, a a :" N rtrtE ~ ~c o~aw cn N rt ~ rt ~•~ ~ ~ ~ ~ ~ N c n~ 0 (t N• F'h .f'r r -, ~= • w ~ ~ r r ~ ~ ,~•++ F+ ~~ / \V A m Nro ~ n •~~ r• r• ~ N• ° ~•i fi ~ '•C (D (D rt ^C W = ~ ~ ~ ~• N• (D r"h e ~ ~•aam m ~~ D4~ f i tLt f'i a W / ~ N (D C ~• F' X 1 V it FA' / ~ 7~++ O ~ ~ ~ F'•• 0 0 9 a ~ R . _ N V ~ y Z A O m n3~ NNNN~~~ ~O J_a~(J^ OOG!QQ~~A tMN V I i i i i i i i i~jU r Nr~p pp •~ JtAAW(~,~ GAO OD ON y~ N~IN~i ~, ~8888~825 JJJJ 8888 J ~E5258~X ~~ i i i i i :~ i i~ 0 5 8888 ~ ••ii a O 000 808 2 258 0) , , S ~ ~ApO Ap~~pvp Op~.•VpAi tpwi~tpNA tppAp pP pJ pb p~pW 8T p~j~Nj. 0000000000000000 Oap~QpO tpn pO 0000 C tpNw pr pqJpp ~pN~ppp ~~p0p0 88000N 8 ~ x ~ _ ! .. pi~pp ~~pp pp~~ ~w b WNO~ J O J V A O UO W J J V O C NNNN U~D U ~ ~ D V l O N ~J ~` Q. ~ y p pQ pp ~Q pp pQ pg ~p ~8 8 OOOOn 8088866 800006880 O p pq ~Q 8860 ppg ypg 5~~ ln Qp 80258~~ n Vp~l pb Ap~~pppO~~pA pO pU p~pppJA AqWjq pp~pp~~Opgwpi ppNpp~~~pO pP pW 8866888806600888 OQp~8~ppUpp.~ppWp 0000 'tQ~a ~ppO pJ pT pG 0000 0 OB8DJCJ JggJ O~OC~TOgg•uV~~1 tC/1 to tAp jA~,ag8A 008~00800080000~0 W{W~WgW 000 tN~~NN8N riir,jj,, 080000 Y ~~ ~ """ A w N CC C ~1Q m O m c m m N O C v_ z^^ L7 N T ~~ n 0 0 w r E ~ F! ~~n ~~~ 'ap 8W x e. " a ~~.$ 5.~~. ~5 J U ~ O C G 3 ~ -„ vev ws J .qgU ~ a p06 N ,~~ C g ;•~ ~ M E w ~$ a 7° m m ~ v_ Z ~ y xm~ Do= z a=N a • -..,a $ a c ~ a~ 5 oy ~ ~O ~~ ~a a4 ~o ~• ~~ 00 .•] W fS, N ~ 3 ~' i~ 3 ~ 3 y n•i a co c`o E z O a m O O T E~ ~o a m O °m w oc~no JAMES E. BRUCE, President SHERRY R. HUGER, Vice President SUSAN S. EASTLAKE, Secretary TO: Avest 9647 Pebbl brook Ln Boise, ID 83703 FROM: Karen Gallagher, Coordinator Development Services Division SUBJECT: MCU-4-96 Locust Grove Rd and Fairview Rd REcE~vED FEB 0 9 1996 CITY OF MERIDIAN February 8, 1996 Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on February 7, 1996. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. KG cc: Development Services Chron John Edney Chuck Rinaldi BRS-1087 WRiver-Ste 160 83702 Ci*.y of Meridian ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 N N ADA COUNTY HIGHWAY DISTRICT Development Services Division Development Application Report MCU-4-96 Gas station and convenience store with car wash Fairview Ave east of Locust Grove Road The applicant is requesting conditional use approval to construct a convenience store with fuel pumps and a car wash. The 1-acre site is located on the north side of Fairview Avenue, 1,500-feet east of Locust Grove Road, Lot 7, Block 1, Avest Plaza Subdivision. This development is estimated to generate 2,330 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. The original traffic study for the Avest Subdivision projected that the pad site would generate only 300 daily vehicle trips. Roads impacted by this development: -Fairview Avenue - Locust Grove Road ACHD Commission Date -February 7, 1996 - 12:00 p.m. .;-* ~. ~ ~~ - T ... O_ N -- --_- _ .3 ~• 1 ' . { ~. ~y F i ~i MIRAGE MEAD ~ 1 . ~ ~~ 1 `. ' ~ DOVE MEADOW8 .~. . .. . m °p y ~UBDiV~~IC~N - ~~~~~'~ :~ N ~ .` ~ .. ~ ~ O 0 ~ H U O _ = o z I ~a ._.. r 4 .r ~ ~ ~ `~ ~~ . ` . ;~ r~~ ` h OS . y~~'c ~~~FR - i ,~ IEW AVENUE I~ I 4 ~ ~ , -~,, ~_G . ~~ ~ i ,.' ~ .. .___ ~ C~,~ ~~a~ ~ !'i PLEASANT VALLEY SUBDlVIS10N ..~ 1~! 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Y Y I r ~ ~ @~ ,CCZf1 ,017ir~ ~w XKI ,00 Y9L 3,rf,GL00N ~~~ _ OYOM 3~101p 1S/U07 'N y ~~I OhfYY~ ~ SISYB - 3ht7 IrOLL03$ A.K'.DL005 ~• - ~ - - -~~ .. ~ Notshlans swop I " ~ ~~ .. i o _,. , s , ~:.~8°oS ~ o ~~o:, ~ 1 ~;p~ Q G s-., n 0 Cg~"~ ~ 0 ..1~°sa. t~ . ~ ~_ ~ ~~ N ~ ~~ I n~ ~~ ~~ ~~~ I ~~ I~ I ~` I - J I - I~ DVC ~I a I ~~ I g Vi ( I I ~ r~. s~ ~ Fs < 8I^ ~ ~I ~I ~ i ~~ i a ~ I ' I I 11= . ~ b --- 4 p~ S ~iQ OR] XY.i a _ ~ gq g ~~~ {~i -~ I Cif,- x i I a un ~G)1' . • ~ --~?~~'~N A ~ N /\ fib ~ .` ~ 4 ° ~ ~ \`i ~~' r -~ ~- O i I ~ I I ~ ~ I~) I ~ i :- !I~ r` i i --~- i O ' ~ I i ~~~~ 1 j , I~ w s f, ~,.~~ ~.~,,~ I . ~~ i ~ IIL.~.,LGl lays j I I I ~ ~)~ I I i I I ~ 't- ' I, y i I I ~ I s- p ,- ~ i q (~ ~v) i ) ado door `~ 4 F ; i ~ ~-3c~~ 3. ~ ~ ~ a ~ Yy _ Y f=~ ~ E. v U ~ 0 MI Q ' ~ ~ [ ~ y ' C d ~ ~,~ss P ~~F~ ~ ~f qq } ~ Q E Z U 4 J Y I ~' ~ ~ ;I I LL 1 u ~-I ~l ( _ ___-_ _ ~_ I I ~ ., LL I~ 3 ~ ~ z~ps e ~ eL ~~ ~~ '- E ~a ~~~ , F° ~ ~o ~ eo ~~e qq qq ~, Q yy ii `i Y SAgS f ~~; ~`• ip ~~ ~ to 9~ e3~j ~i~! Y9~ s Y ~ 3~ it ~~ tt $~ 8 t•- ~ ~~f4 ~SsC ~n ~;~ ~g6~p~~ ~~~~~$~8 r~ Aga zo ~~ ~tg~ ~?~o~ w i'~,J~~~p~~E q~ i4 ~€~~~~~3 €rr q ark ~Ea~ ~~~3a N ~ Facts and Findings: A. General Information C-G -Zoning 1 -Acres 0 -Proposed dwelling units 4,000 -Square feet of proposed building 0 -Square feet of existing building 0 -Total lineal feet of proposed public streets (approx) 265 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Fairview Avenue Principal arterial with a bike route designation Traffic count 20,000 in 1995 207-feet of frontage 54-feet existing right-of--way north of ultimate street centerline No additional right-of--way required Fairview Avenue is improved with 68-feet of pavement tapering to 80-feet at Locust Grove Road. Locust Grove Road Minor arterial with a bike lane designation Traffic count 2,885 in 1994 (n/o Chateau Drive) 0-feet of frontage B. This lot was approved through the final plat of Avest Plaza Subdivision. The following requirements were made of Avest Plaza Subdivision, that pertain to this site: 1. A 5-foot wide sidewalk along Fairview Avenue. 2. Pavement tapers for acceleration and deceleration at the loop road. 3. The loop road shall be a maximum of 36-feet wide. 4. Construct apedestrian/bike path along the site's east boundary. C. The original traffic study for the site estimated only 300 daily vehicle trips. This project is estimated to generate 2,330 daily vehicle trips. D. Two driveways are proposed to the site from the loop road. The loop road is not a public road. Staff recommends that the southern driveway on the loop road be located a minimum of 50-feet north of Fairview Avenue and be constructed as a 24-foot wide driveway to be signed as right-in/right-out only, because of the high amount of trips estimated (2,500) at the intersection of the loop road and Fairview Avenue. MCU496. WPD Page 2 N M E. The transportation system will be adequate to accommodate the additional traffic generated by this proposed development. F. This application is scheduled for a public hearing by the Meridian Planning and Zoning Commission on February 13, 1996. The following requirements are provided as conditions for approval: Site Specific Requirements: Compliance with the requirements of Avest Plaza Subdivision. The relevant requirements are as follows: 1. Construct a 5-foot wide sidewalk along Fairview Avenue. 2. Construct pavement tapers for acceleration and deceleration at the loop road intersection with Fairview Avenue. 3. The loop road shall be a maximum of 37-feet wide at the intersection with Fairview Avenue. 4. Construct apedestrian/bike path along the site's east boundary. 2. The southern driveway on the loop road shall be located a minimum of 50-feet north of Fairview Avenue (measured from back of curb to near edge of the driveway) and shall be constructed as a 24-foot wide driveway to be signed for right-in/right-out only. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the Development Services Supervisor. The request shall specifically identi each requirement to be reconLidered and include a written explanation of why such a requirement would result in a substantial hardship or inequ~y. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested reconsideration. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. A request for an appeal of the Commission's action shall be made in writing to the Development Services Supervisor within 15 calendar davs of the action and shall include a minimum fee of $110.00. The appeal will be scheduled to be heard by the Commission within 20 calendar days after receipt. The req ~PSt meal shall specifical]y identi each re4uirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. MCU496. WPD Page 3 • • • • Aright-of--way permit must be obtained from ACHD for any street or utility construction within the public right-of--way. Utility cuts should be combined where practical to limit pavement damage. ~ti ' , street cuts in roads ,paved within the last five years will not be allowed unless annroved by the District Commission. Contact Construction Services at 345- 7667 (with file number) for details. 4. Submit site drainage plans and calculations for review and appropriate action by ACHD prior to issuance of building permit (or other required permits). The proposed drainage system shall retain all storm water on-site and shall conform to the requirements of the city or county having jurisdiction. Public street drainage facilities shall be located in the public right-of--way or in a common lot owned by a homeowners association set aside specifically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage lots and their use restrictions shall be noted on the plat (when applicable). 5. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when driveways are not being shared with the adjacent property. 6. Construct pedestrian ramps on the corner of all street intersection in compliance with Idaho Code, Section 40-1335. 7. Dedicate a up to a 20-foot x 20-foot right-of--way triangle (or appropriate curve) to keep street improvements within the public right-of--way at all intersections abutting and/or within the development prior to issuance of building permit (or other required permits). 8. Continue existing irrigation and drainage systems across parcel. 9. Continue borrow ditch drainage abutting parcel (culvert may be required). 10. Provide written approval from the appropriate irrigation/drainage district authorizing storm runoff into their system. 11. If street improvements are required, locate obstructions (utility facilities, irrigation and drainage ditches and appurtenances, etc.) outside of the public right-of--way. Authorization for relocations shall be obtained from the appropriate entity. If determined by the District, existing irrigation facilities may remain in the right-of--way with District review and approval of easements recorded for future relocation at a later date. 12. Locate proposed sign(s) out of the public right-of--way and out of the clear-vision sight- triangle of all street and driveway intersections. 13. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross-street. The stop sign shall be installed when the project street is first accessible to the motoring public. MCU496. WPD Page 4 N N 14. The developer is required to install street name signs at the locations approved by the Ada County Highway District. Purchase street name signs, sign poles, and mounting hardware from ACHD's Traffic Operations Department or an approved outside supplier. The District will not manufacture street signs until a copy of the recorded plat showing the recording data has been provided to Development Services staff. 15. Any portion of a street which is required by the District to be designated as "no parking" shall be signed as "no parking" and red painted curbing may be required. A "no parking" sign plan/curb painting plan shall be submitted to ACRD Traffic Services staff for their review and approval prior to final plat approval by the District. If a final plat is not required, the sign plan curb painting plan review and approval shall be completed prior to issuance of building permit (or other required permit). 16. Provide a clear vision sight triangle at all driveway and street intersections. Within this triangle no obstruction higher than 36-inches above the top of pavement will be allowed, including but not limited to landscaping, berms, fences, walls or shrubs. The triangle shall be defined with the long leg measured 200-feet to 540-feet (depending on speed limit) along the centerline of any road; and the short leg measured from the curb line of the road 20-feet along the centerline of the intersecting driveway or street (see District policy Figure F7). Provide notes of these restrictions on the plat/site plan and street construction plans. 17. Submit three sets of street construction plans to the District for review and appropriate action. 18. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 19. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 20. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 21. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. MCU496. WPD Page 5 22. Construction usean•o a develo ment shall be in c• • nce with all a licable P P rtY P PP requirements of the Ada County Highway District prior to District approval for occupancy. Should you have any questions or comments, please contact the Development Services Division at 345-7662. FEB 0 7 1996 MCU496. WPD Page 6 .. CENTRAL •• DISTRICT '1t'HEAETH DEPARTMENT DISTRICT HEALTH D Environmental Health Division ~~~~ eturn to: .l ~ ~+ 3 (l ~~96 ^ Boise ^ Eagle ^ Garden city Meridian ^ Kuna ^ Acz Rezone # Conditional Use # ~f~l~/~~/ C~ STD~Z~ Preliminary /Final /Short Plat ~DT 7 ~yi~-ST ~1r1"~.~ ^ I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: central sewage ^ community sewage system ^ community water well ^ interim sewage central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ,®. 10. Street Runoff is not to create a mosquito breeding problem. ^ 11. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 14. We will require plans be submitted for a plan review for any: food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store p/ 15. Date: ` l a~L /LL , ~T~1~i~9lot/i9-~7Z /FCr~~1~~T- C'/1/~7'~/Gc- Reviewed By: ~ [DHD ID/91 rcb, rev. I/95 CENTRAL •• DISTRICT i~1'HEALTH DEPARTMENT MAIN OFFICE • 701 N, ARMSTRONG PL. • BOISE, ID. 83104 • (208) 315-5211 • FAX: 321-8500 To prevent and treat disease and disability; to promote healthy l}'festyles; and to protect and promote the health and quality of our environment, STORMWATER MANAGEMENT RECONIlViENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: ~.1) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho Regional Office, September 1995. 2) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992. 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT. Serving Valley, Elmore, Boise, and Ada Counties WIC Boise - Meridian 1606 Roberts Bose, ID. 83705 Fh. 334.3355 324 Meridian, ID. 83642 Ph. 8886525 Elmore Counly OIBce 520 E. 8th Sheet N. Mountain Home. ID. 83641 Ph. 581-4401 Ada /Boise Courtly OIBce 107 N. Armstrong F1. Bais~e. ID. 83104 Enviro. HeaBh: 321-1499 Family Flaming: 321-7400 Immun¢ations: 321.7450 Nuhitbn: 321.1460 WIC: 327-7488 Elmore County OBice d Environmental Nedlh 190 S. 4th Sheet E. Mountain Home, ID. 83647 Ph. 581.9225 Valley Canty OIAce P.O. Boz 1448 McCal. ID. 83638 Ph. 634.7194 OFFICIALS ~ HUB OF TREASURE YALLEY~ WILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Departmeat (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor GOUNGIL MEMBERS WALT W. MORROW, President RONALD R.TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COi6dISS10N JIM JOHNSON, Chalrrnan TIM HEPPER JIM SPEAKER GREG OSLUND MALCOLAI MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning Sr Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: Februarx6, 1996 TRANSMITTAL DATE:__ 1/18/96 HEARING DATE: 2/13/96 REQUEST: Conditional Use Permit for a Chevron C-Store fuel islands and car wash BY: Avest LOCATION OF PROPERTY OR PROJECT: Locust Grove and Fairview Lot 7 of Avest Plaza JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES YOUR Pne s u _~ .. ~.. s gip::: v..: a:.:., ~..Y • ~ HUB OF TREASURE YAIlEY• ~ COUNCIL MEMBERS WILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" CORDON, Pollee Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA C E GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHD 831142 P & 2 COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding 1?eparanent (208) ~~ (? TIM HEPPER Motor Vehicle/Drivers License (208) 888 Lei a~~ ~D JIM SHEARER GREG OSLUND ROBERT n. coRRIE ~q N ~ 4 1996 MALCOLM MACCOY Mayor NAMPA & MEFioUTAN IRRIGATION DIST TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPI~T PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commi ssion, please submit your comments and recommendation to Meridian City Hall, Attn: Wi ll Berg, City Clerk by: February 6, 1996 TRANSMITTAL DATE: 1/18/96 HEARING DATE: 2/13/96 REQUEST: Conditional Use Permit for a Chevron C-Store fuel islands and car wash BY: Avest LOCATION OF PROPERTY OR PROJECT: Locust Grove and Fairview Lot 7 of Avest Plaza JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION -TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH -BOB CORRIE, MAYOR NAMPA MERIDIAN fRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT .-CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM ~ FINAL PLAT) .-WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) -GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) -WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) ,-,SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: All laterals and waste ways -POLICE DEPARTMENT must be protected. Municipal surface drainage must CITY ATTORNEY be retained on site. If any surface drainage leaves CITY ENGINEER the site- Nampa & Meridian Irrigation District must CITY PLANNER rev; pw dra; nag~Rl ans It is recommended that j_rrioat;nn Tuatpr hp marlp a vailahlp rn all rlpvpl nmenrs w; thin this District Nampa Mprirli~n,Trr~arin n Tlictrirt rp=nirp~ th a and TSp h ngp/Rite Dpvelonment application be filed for review prior to final platting Contact DQnna_Monre ar 34~-1864 nr 466-7861 o further information ~~ /1 c i/.~ Nampa & Meridian Irrigation District (~EcE~v~~ FEB 0 8 1996 crT~r ~~ ~a~1=k1~1~ • • • • ~2a~yra & ~~i~rid~a~ ~InnCgat~oc~ 2~ca.~uct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 6 February 19 9 6 Phones: Area Code 208 OFFICE: Nampa 466-7861 Avest Boise 343-1884 9647 Pebblebrook Lane SHOP: Nampa 466-0663 Boise 345-2431 Boise, ID 83703 RE: Land Use Change Application for Chevron C-Store Dear Avest: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent /City of Meridian enc. o' .--- ~~ ~ ..., ~ F~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS - 40,000 OFFICIALS ~ ~ HUB OF TREASURE VA~ • WILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Departrnent (208) 887-2211 Motor Vehicle/Drive=s license (208) 88>1-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8 Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk bX•~` ..---- TRANSMITTAL DATE: 1/18/96 HEARIf+(G DATE: 2/13/96 REQUEST: Conditional L1se Permit for a~evron L-Stors, fuel ~s1a~d~ ~i r.>rrs BY: ~4vFest LOCATION OF PROPERTY OR PROJECT: ~ allttl of 7 of Avert Plaza ~~'~ P~^'~ usE pErEEe/+~#'Y,fl,P~.c JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT ~~~~ ~ MERIDIAN POST OFFICE(PRELIM & FINAL PLAT ) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT -GREG OSLUND, P2 ADA PLANNING ASSOCIATION -TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH -BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT -RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT -CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) -WALT MORROW, C/C U.S. WEST(PRELp1A & FINAL PLAT) -GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) -WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) -SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: ,-POLICE DEPARTMENT ! ,cet.e. ,~+~r~,c~,eoe. ,e!~~,~•r yn !D~ ,~,v_ _ ~,,~ CITY ATTORNEY %e - to.~r~7Pocc~ a.~rat 7~otav T ,~ CITY ENGINEER ~ Nn ~cf/N02 c.c> .,.~.i.~., ~~, /E.~~CGE ~2EPiti CITY PLANNER (~ .v.5 srn~,~< ~E3rr~eY.,,~ti ..r ...~,..~, ..~, ..~_,.~~, ..d_._.-_ -- orL cy.,./Pa~lrac~ ~Y-~UOI~r..~ ~oS,E .~ .~,f.~rrf o2 S.4F,Ery ~~6 t. ~-n ~I.~TY COY ,~;~:_. _.~ __ ~: