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Cherry Plaza Resubdivision~ ` • MERIDIAN CITY COUNCIL MEETING: MARCH 5.1996 APPLICANT: ITEM NUMBER; _ REQUEST;. RE-SUBDMSION OF CHERRY PLAZA PRESENTATION -STEVE SWEET AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE CENTRAL DISTRICT HEALTH: NAMPA MERMAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS S ~~~ ~ ~~ ~ C ~ o ~~ e ~.~'~~S J~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • MERIDIAN CITY COUNCIL MEETING: MARCH 5.1996 APPLICANT: ITEM NUMBER; 8 REQUEST; RE-SUBDIVISION OF CHERRY PLAZA PRESENTATION -STEVE SWEET AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA C UNTY STREET NAME COMMITTEE: CENT L DISTRICT HEALTH: NAMPA ERIDIAN IRRIGATION; SETTLE S IRRIGATION: IDAHO OWER: US WE INTERM UNTAIN GAS: BURSA OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. > Cherry Plaza Associates • R~~~'ED Application to the Meridian City Council for ~A~ O ~ 199 ^ ^ Re-Subdivision, Subject to Annexation and Platting ^^^~ March 5,1996 ~~ CaF MERIDIAN O~ Cherry Plaza Shopping Center property is presently comprised of two separate uses and zonings. Both separate uses are held under one ownership. The community shopping center, which includes an Albertson's store, a number of shops and the Pioneer Federal Credit Union, totals 9.05 acres. This center is presently annexed to the city of Meridian under a zoning of C-C (Community Center). The second use, comprised of employee parking, a truck turn-around and vacant land, totals 3.57 acres and is zoned RT (Ada County -Rural Transition). The location of both parcels is depicted on the enclosed Vicinity Map (Figure 1) and "Cherry Plaza Current Configuration" (Figure 2). Cherry Plaza Associates, a company based in Ada County, has entered into a contract to purchase both pieces of property, from Heartland Meridian Commercial Partners, a Minnesota limited partnership. The full intent of the Cherry Plaza Associates is to subdivide the entire 12.62 acres purchased from Heartland into four separate lots, all zoned C-C. Of the four new lots created under a plat, one is contemplated to be conveyed to Albertson's, while the remaining three will remain in the ownership of the Cherry Plaza Associates. A purchase agreement between Cherry Plaza Associates and Heartland was entered into on February 1, 1996. A copy of this agreement has been provided to Ms. Shari Stiles, the city Planning Director, in February, 1996. Timing constraints contained in the purchase agreement and project financing necessitate the creation of a separate lot for the Albertson's store and parking prior during April, 1996. Typically, an annexation and platting process takes longer than the time allowed in the Cherry Plaza-Heartland purchase agreement. Therefore, subject to conditions placed by the City of Meridian, Cherry Plaza is requesting to proceed under a reduction in platting requirements as allowed in the City of Meridian Subdivision and Development Ordinance. With an approval from the Meridian City Council for a reduction in platting requirements on the evening of March 5 and subject to conditions acceptable to Cherry Plaza Associates, Cherry Plaza Associates will promptly apply to the city of Meridian with both 1) a one-time split, as allowed by Ada County, and 2) a combined Annexation and Preliminary/Final Plat request. Reduction in Platting Requirements The City of Meridian Subdivision and Development Ordinance provides that "...the reduction in platting requirements of certain parcels may apply to previously unplatted and unsubdivided ground upon application to the City Council" (§ 9-604A -PROCEDURE FOR SUBDIVISION APPROVAL, SUBDIVISION APPROVAL REQUIRED, applicable excerpts are enclosed with this packet). Under this provision, the applicant, Cherry Plaza Associates, shall "... submit an Application for Re-Subdivision showing the existing lot and how the lot is proposed to be re-subdivided." Upon application, "The City shall then determine what requirements of this Ordinance shall be complied with by the applicant." Note, the Ordinance also provides that "The City may require full compliance if deemed necessary." The Request: Application for Re-Subdivision Cherry Plaza Associates is, therefore, applying for re-subdivision and is further requesting the City Council's approval to apply the reduction in platting requirements to the existing shopping center property. The proposed lot split would be in general conformance with the enclosed drawing "Cherry Plaza Application for Re- Subdivision" (Figure 3). The Council is requested to authorize the City Engineer to approve aone-time lot split creating two legal lots, substantially in accordance with Figure 3. Quadrant Consulting has confirmed that Ada County allows splitting of parcels through the lot split process and the parcels created under an Application for Re-Subdivision would be legal lots. Verification on this matter will be presented during the City Council meeting of March 5, 1996. Cherry Plaza Associates • . Application to the Meridian City Council ^ ^ March 5, 1996 ^^ Page 2 ~ ~ OTC Conditions Applicable to an Application for Re-subdivision Cherry Plaza Associates acknowledges that the Meridian City Council may place selected requirements of the Subdivision and Development Ordinance upon an Application for Re-Subdivision. In the spirit of cooperation and because Cherry Plaza Associates, in conjunction with Albertson's, Inc. desires to 1) Annex the area currently zoned RT by Ada County and 2) Plat the entire area depicted in the enclosed figure entitled "Cherry Plaza Annexation and Preliminary/Final Plat" (Figure 4); Cherry Plaza Associates proposes that the following conditions be placed upon any approval by the city Council to allow a re-subdivision as provided under the Subdivision and Development Ordinance: 1. Concurrent with the submittal of a lot split for the City Engineer's approval, Cherry Plaza Associates shall make application to the City of Meridian to: a. Annex and zone the existing 3.57 acres, currently zoned RT by Ada County, and b. Shall submit aPreliminary/Final Plat for the subdivision of the entire 12.62 acres into no more than four separate lots, generally in conformance with Figure 4. 2. Along with the Preliminary/Final Plat, Cherry Plaza Associates will submit a site landscape plan for Staff review and approval. a. The landscape plan shall provide for landscaped islands, including trees, within the existing site parking area and along the perimeter, as practical. b. Again to the extent practical, the landscape plan shall function to improve traffic circulation within the site and onto adjacent Cherry Lane. 3. Acceptable conditions of platting could reasonably include: a. Completion of landscape improvements per the landscape plan approved by Staff, b. Inclusion of cross-access and cross-parking agreements for platted parcels, and c. Conveyance of additional right-of--way as required by the Ada County Highway District. Summary Cherry Plaza Associates is requesting a motion and approval of the motion by the Meridian City Council on the meeting March 5, 1996, substantially as follows: A. The City of Meridian will allow the re-subdivision of the existing Cherry Plaza Shopping Center creating two legal parcels through the lot split process with Ada County, subject to the following conditions: 1. Concurrently, with the submittal of a lot split for the City Engineer's approval, Cherry Plaza shall make application to the City of Meridian to: a. Annex and zone the existing 3.57 acres, currently zoned RT by Ada County, and b. Shall submit aPreliminary/Final Plat for the subdivision of the entire 12.62 acres into no more than four separate lots. 2. Cherry Plaza Associates shall submit all fees normally associated with both annexation and platting for this site. 3. Along with the Preliminary/Final Plat, Cherry Plaza Associates shall submit a site landscape plan for Staff review and approval. a. The landscape plan shall provide for landscaped islands, including trees, within the existing site parking area and along the perimeter, as practical. b. To the extent practical, the landscape plan shall function to improve traffic circulation within the site and onto Cherry Lane. 4. Conditions of platting will provide that Cherry Plaza Associates shall: a. Complete landscape improvements per the landscape plan approved by Staff, b. Include cross-access and cross-parking agreements for platted parcels, and c. Convey of additional public right-of--way as required by the Ada County Highway District. C:\ 1 _TEMP\PROPOSAL\96_ALBS\CC_REQ 1. WPD CHERRY PLAZA ASSOCIATES iiQC FIGURE 1 • • ii6ZC CHERRY PLAZA CURRENT CONFIGURATION ~ 0 w i ~~ =1= €~ ~. ;. / ~, . ~\ PARCEL J/ ` \ DRAWINGS ARE ILLUSTRATIVE AND MAY 51 106336 19 6 VARY IN A MINOR AMOUNT AT THE TIME OF PARCEL j/ `~\ SUBMITTAL TO THE CITY OF MERIDIAN ZONED CC 51106336200 ZONED RT ~. 3.57 acres PaRCEE 'Z' N OCEO iHS."."essa9 i.az ~ ` i ----------1------------------~ ~~. ' ~\ ~ ~\ I ~. I `~ PION", , ...~,, i i CREDIT UNION^~ i i I 6 I2 i PaRCEE d ii ~~ 51106336390 ~ I SSE HG~ i ___r ____il____1___ __o ~ _-~ /+CHD R.G.W. TAKE INST ,f']lJ4b:5 . ......................... CHERRY LANE CHERRY PLAZA ASSOCIATES ~ PARCEL Jj 51106336400 I ZONED CC I 1 a ~6 // V FIGURE 2 • iiQC CHERRY PLAZA APPLICATION FOR RE-SUBDIVISION `~ ZONED CC 3 ~ / < ~ ~ PARCEL f/ 51106336796 ~ ZONED RT ~ ~ PARC[L 'Z" ~ wnaaARrv ocra irvst gssos t/ZP ~ DRAWINGS ARE ILLUSTRATIVE AND MAY ~ VARY IN A MINOR AMOUNT AT THE TIME OF ?~^ I / ~ SUBMITTAL TO THE CITY OF MERIDIAN 'i ~ ~ ~ ~ -- --__ I \ I \ \ I \\ I \ 1 I ~ I \ \ I I \\ ~ O O I I - I - -_ _- - -__ _-_ -- - \ ~ ` i ' a .. I w ~; A~ I ~ i ~ ZONED CC I - PARCEL Jf I I ' 51706336400 1 I PION~_„ , "._., CREDIT UNION^ ~ I J I I i ~.°° ~~ _ _ - - _ I I~ L _- -_ I I 1(16- _ ~ - ~-~_- - --~~~~~- - 1 _ -_- ~ ~ 1 2r ] ACNO k.G.W iAK~ 'r'S?. ~Q]]358i5 CHERRY LANE ~ CHERRY PLAZA ASSOCIA TES FIGURE 3 • • iiQC CHERRY PLAZA ANNEXATION AND PRELIMINARY/FINAL PLAT ~ ALL ZONED CC ~ a ~~ a 0 2 q ~ I ~. ~\ ~ `\ DRAWINGS ARE ILLUSTRATIVE AND MAY /' ~ VARY IN A MINOR AMOUNT AT THE TIME OF `\ SUBMITTAL TO THE CITY OF MERIDIAN i ~ \ ~ ~~ ,\ LOT 1 \• ~ ~ `~ '~ '~ ~,~ ~I I I ~ I LO/ 4 ~ I ' I __ _r_ _ _ y--------L---- I 12 ] - - - ~ND R.O.W. TFK:~ INST. //]]J4815 i CHERRY LANE CHERRY PLAZA ASSOCIATES I i 6 ~I ~_ FIGURE 4 • . a • •. • INDEX ..~ 1. SUBDIVISION AND DEVELOPMENT ORDINANCE -~ 9-601 • 9-602 9-603 9-604 9-605 9-606 ~' 9-607 9-608 • 9-609 .. 9-610 9-611 9-612 9-613 9-614 9-61~ 9-616 9=617 Ery: Title, Authority, Jurisdiction and•Enactment Intent and Purpose Rules and Definitions Procedure for Subdivision Approval Design Standards.. Improvement Standards Planned Development Mobile Homes by Reference Cemetery Subdivision Floodplain Subdivision • Vacations and Dedications Variances Detection of Violation, Enforcement and Penalties Amendment Procedure Subdivision Fees Development Time Requirements Appendix CHERRY PLAZA ASSOCIATES EXCERPTS FROM THE MERIDIAN SUBDIVISION & ZONING ORDINANCES PAGE 1 OF 7 • • 17. To provide protection against fire, explosion, noxious fumes . and other hazards in~the interest of the public health, safety, comfort, and the general welfare; 18. To insure that buildings and land within the City are adequately maintained to prevent physical deterioration and tax base erosion; 19. To specify the administration of the regulations of the Ordinance ' by defining the powers and duties of approval authorities; and 20. To secure equity among individuals in the utilization of property. ' 9-603 RULES AND DEFINITIONS 9-603 A RULES For the purpose of this :Ordinance, certain terms or words used herein shall be interpreted as follows: 1. The word "person" includes. a firm, association, organization, partnership, trust, .company or corporation, •as -well as an individual; 2. The present tense includes the future „dense, the singular number includes the plural, and the plural number includes the singular; ' 3. The word "shall" is a mandatory requirement, the word "may" is a permissive requirement, and the word "should" is a preferred requirement; 4. The words "used" or "occupied" include the words' "intended, designed or arranged to be used or occupied"; ~. The word "lot" includes the words "plot", "parcel", and "tract"; and 6. The masculine shall include the feminine. 9-603 'B DEFINITIONS See Section 2-403 B of the Zoning Ordinance. 9-604 PROCEDURE FOR SUBDIVISION APPROVAL 9-604 A SUBDIVISION APPROVAL REQUIRED Any person desiring to create a subdivision as herein defined shall submit all necessary applications to the Administrator. No final plat shall be filed with the County Recorder or improvements made on -4- CHERRY PLAZA ASSOCIATES EXCERPTS FROM THE MERIDIAN SUBDIVISION & ZONING ORDINANCES PAGE 2 OF 7 tY.e prop until the plat has been act~pon by the Commission and approved by the Cbuncil and. all cosE.s and fees have- been paid. No lots shall be sold, transferred, or constructed upon until the plat has been recorded in the Office of the County Recorder and a certified copy thereof has been returned to the Administrator. (Ord. 430, 4-2-84) p~-w-~~t-to1.- Notwithstanding the definition of subdivision contained in pr'tTAcH B p 11-2-4038, where an applicant desires tb subdivide an existing lot which is located in an existing subdivision, which has been previously recorded and the required improvements made thereon, ' he may do so without going through the entire platting procedure • required by this Ordinance. He shall however submit an • Application for Re-Subdivision showing the existing lot and how the lot is proposed to be re-subdivided. The City shall then determine what requirements of this Ordinance shall be complied with by the applicant. The City may require full compliance if • deemed necessary. The provisions of this paragraph pertaining to • the reduction in platting requirements of certain parcels may • apply to previously unplatted and unsubdivided ground upon implication to the City Council. (Ord. 456, 9-3-85.) 9-604 B PRE-APPLICATION MEETING The developer shall meet with the Administrator prior to the submission of the Preliminary Development Plan. The purpose of this meeting is to discuss early and informally the purpose and effect of this Ordinance and the criteria and standards contained herein, and to familiarize the developer with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and. such other plans and ordinances as deemed appropriate.. The developer may also meet with the commission or Council prior to submitting an application. 9-604 C PRELIMINARY PLAT 1. Application: The applicant shall file with the Administrator a complete subdivision application form and preliminary plat data as required in this Ordinance, not less than thirty (30) days prior to the Commission's public hearing. The Commission will not schedule any hearing or workshops or put the application on the agenda unless the above conditions have been met. 2. Public Hearing to be Held Prior to Subdivision Plat Approval: A public hearing shall e held at the time of presentation of the preliminary plat by the developer to the Commission for the purpose of allowing public input on the proposed subdivision. 3. Combining Preliminary and Final Plats: The applicant may request that the subdivision application be processed as 193 -S- CHERRY PLAZA ASSOCIATES EXCERPTS FROM THE MERIDIAN SUBDIVISION & ZONING ORDINANCES PAGE 3 OF 7 ` . INDEX :• ZONING ORDINANCE 2-401 Title, Authority, Jurisdiction ~ Enactment 2-402 Zntent and Purpose ' 2-403 Rules and Definitions 2-404 Administration 2-405 General Ordinance Provisions 2-406 Non-Conforming Buildings, Structures~& Uses 2-407 Zoning District Map and Districts 2-408 Establishment and Purpose of Zoning Districts 2-409 Zoning Schedule of Use Control 2-410 Zoning Schedule of Bulk & Coverage Controls 2-411 Residential Housing Standards 2-412 Floodplain Overlay District 2-413 Performance Standards for District Use 2-414 Off-Street Parking & Loading Facilities 2-415 Signs 2-416 Zoning Amendment Procedures 2-417 Annexation and Zoning Upon Annexation 2-418 Conditional Use 2-419 Variances 2-420 Certificate of Zoning Compliance 2-421 Certificate of Occupancy 2-422 Schedule of Fees, Charges and Expenses 2-423 Penalty Provisions and Enforcement 2-424 Appendix s 2-425 Official Zoning Maps CHERRY PLAZA ASSOCIATES EXCERPTS FROM THE MERIDIAN SUBDIVISION & ZONING ORDINANCES PAGE 4 OF 7 e=: Z, • 17. To insure that buildings and land within .the City are adequately maintained to prevent physical deterioration and tax base erosion. 18. To specify the administration of the regulations of this Ordinance by defining the powers and duties of approval authorities. (Ord. 557, 10-1-91) 2-403 A RULES For the purpose of this Ordinance, certain terms or words used herein shall be interpreted as follows: • 1. The word "person" includes a firm,. association, organization, partners lip, trust, company or corporation, as well as an.individual; 2. The present tense includes the future tense, the singular number includes the plural and the plural number includes the singular;' . 3. The word "shall" is a mandatory requirement, the word "may" is a permissive requirement, and the word "should" is a • preferred requirement; . 4. The words "used" or "occupied" include the words "intended, designed~or arranged to be used or occupied"; 5. The word "lot" includes the words "plot", "parcel" and "tract"; and 6. The masculine shall include the feminine. 2-403 B DEFINITIONS Accessory Use or Structure - A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. An accessory .use or structure does not alter the essential characteristics of the principal permitted use and does not include a building which is defined herein as a dwelling unit. Administrator - A designated member of the City staff who is appointed by the Mayor, and confirmed by the Council, to administer this Ordinance. Aesthetic - Those qualities of a development or natural feature which contribute to a pleasant environment. Agriculture - The use of land for farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, animal and poultry .husbandry and the necessary accessory uses for packing, treating or storing the produce, provided, however, that: 193 CHERRY PLAZA ASSOCIATES EXCERPTS FROM THE MERIDIAN SUBDIVISION & ZONING ORDINANCES PAGE 5 OF 7 • *The functional street classification definitions are summarized descriptions of the functional street guidelines that are used by the Federal Highway Administration. ~ ' St_~et, Half - A portion of the width of a street, usually along the edge of a subdivision or development, where the remaining portion of the street could be provided in another subdivision: or development. Street Line - A line separating an abutting lot, or parcel, from a street. Street, Proposed - The undedicated portion of a street alignment, or proposed widening of an existing street as proposed on the Ada County tlajor Thoroughfares Plan, or any: State or Federal Highway, .the alignment of which is officially approved_ Strip Commercial and Industrial - A development pattern characterized by lots in a continuous manner fronting on .streets and resulting in numerous access points to the street. Strip Zoning - Zoning usually found along a major roadway which~is developed simply as a pattern following the outline of the road and without foundation in the comprehensive study .or~in;fact.. Structure - Anything constructed or erected in which the use requires permanent location of the ground or attachment to something having a permanent location on the ground. Among other things, structures include buildings, mobile homes, walls and billboards. Fences shall be deemed a structure. Public utility power poles shall not be deemed a structure. Structural Alteration.- Any change in the structural members of a building such as walls, columns, beams or girders. Subdivider or Developer - The person who executes an application or initiates proceedings for the subdivision of land in accordance with the provisions of this Ordinance.' He need not be the owner of the property; however, he shall be an agent of the owner or have suffi- cient proprietary rights in the property to represent the owner and his acts, and representations shall be binding upon the owner. Subdivision - The result of an act of dividing an original lot, tract or parce o an into two or more parts. a term s ivi- sion" shall also include the dedication of a public street and the addition to, or creation of, a cemetery. However, this Ordinance shall not apply to any of the following: 1_ An allocation of land in the settlement of an estate of a decedent or a court decree for the distribution of property; 2. The unwilling sale of land as a result of legal condemnation as defined and allowed in the Idaho Code; -24- CHERRY PLAZA ASSOCIATES EXCERPTS FROM THE MERIDIAN SUBDIVISION & ZONING ORDINANCES PAGE 6 OF 7 3. The ~ning of existing streets t~nform to the Meridian ' Comprehensive Plan; 4_ The acquisition of gtreet rights-of-way by a public agency~in conformance with the Meridian Comprehensive Plan; and. 1191 S. The exchange of land for the purpose of straightening property boundaries which does not result in the change of the present land usage. Supply Yards - A commercial establishment storing and offering for sale ,building supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods . Surveyor - A person qualified by reason of his knowledge, of the principles of surveying acquired by education and experience, and who is authorized by the laws of the State of Idaho to practise land surveying. Idaho Code, 54-1202(h). Townhouse or Row House - A row of two (2) or more attached single- family dwellings. Each dwelling is built with similar architectural treatment, is separated by vertical divisions by party or lot line walls, and each has private entrances (usually front and rear). Trailer, Recreational Vehicle and Motor Home - Any vehicle or struc- ture.constructed in such a manner as to permit occupancy thereof as living quarters or the conduct of any business, trade, occupation, or use as a selling or advertising device or use for storage or conveyance for tools, equipment or machinery and so designed that it is or may be mounted on wheels and used as a conveyance on highways and streets and propelled or drawn by its own or other motor power. Transitional Use - A use of land designed to serve as a buffer between conflicting land .uses such as single-family. residential uses and commercial or industrial uses or between residential uses and heavily traveled traffic arterials. Uses designated as transitional uses in each particular district are deemed to be those which are more or less compatible to the conflicting uses_ Trip Generation - An element of a traffic volume survey which indi- cates the number of automobile, bus, pedestrian or bicycle trips produced or generated in a specific area or by a specific use. As an example, an office building generates "x" number of trips to work by its employees and "x" number of trips home from work. Truck Stop - A service station or commercial enterprise using the premises primarily to sell and supply motor fuel, lubricating oils and greases to on-premise trade including large trucks as well as automobiles and including the sale of tires, batteries, automotive accessories, related services, major and minor motor vehicle repairs as well as special services to operators and. drivers of trucks operating on an interstate basis. -25- CHERRY PLAZA ASSOCIATES EXCERPTS FROM THE MERIDIAN SUBDIVISION & ZONING ORDINANCES PAGE 7 OF 7 i-~ • ~ ~~- ~~; To: ~' 1 L, L ~ E3.6ZG C t ~ ~ of M~~ ~A~ Fax Number: PLEASE NOTIFY US IMMEDIATELY AT (208) 342-0091 IF THERE ARE ANY PROBLEMS RECEIVING THIS TRANSMISSION • .. ^^ Quadrant Consulting, Inc, Date: M~QG1-~ 1 1~9~6 Project Number: ~'3 Z -p Z Project Name: ~ H~~R,Y ~t,A~-A c c, Regarding: ~,,, p-j- . SP ~ ~ T REcE~vED MAR 0 1 1996 We Are Sending These Are Transmitted: Copied To: CrTI(OF MERIDIAN ~~Attached For Your Info/File Cl-~~S ~Ls~+,p _ C.p A Facsimile As Requested TOM 1 tai~~~ • H~-B~LTSaI~c Number of Pages For Review and Comment ~ ~~~ ~ `pA,~ _ G P A Other Other Copies Description Comments ~~I I l ~ - ~ l ~ ~ lS Gy C3~ ~~ "Pcd~s t ~ ~>gt-IF--'' 3S ~-y~ 1V~RT- ~ y~-=SUYI V t~.)~ ~Gi~ '~ ~l l~-i~.~~ '~Z~(t_. '-{O.)yL l '4~_J~ c N ~uTT1N~,,, 6 Signed 405 S. 8th Street, Ste, 295 • Boise, ID 83702 Phone (208) 342-0091 • Fax (208) 342-0092 • Internet; quadrant®micron.net Civil Engineering • Surveying Construction Management ~~ CITY OF 1~IIERIDLAN PUBLIC WORKS DEPARTMENT LETTER OF TRANSMITTAL Apri123, 1996 To: Steve Sweet , PE Quadrant Consulting, Inc. 405 S. 8th. St. Ste. 295 Boise, Idaho 83702 From: Gary D. Smith, FE Public Works Director Subject: Albertsoii's/Cherry Plaza Survey Enclosed are the following: CC}PIES ,:DATE CRIEPTI4N r _ ~,~_ one 4/23/96 Resubdivision /Record of Survey Mylar. These are transmitted: ^ For your ^ For action ^ For your use ^ As requested information s 'tied below and comment Remarks: Steve: I have talked with Shari and Will concerning the action the City Council took on your request and we have all decided that it isn't necessary for the City of Meridian to sign this Re-subdivision Survey since, this parcel has apparently been a parcel since April, 1984 and according to Shari cone-time split of a parcel of ground, that has been a parcel of ground since that time, is allowed. We appreciate your bringing this parcel split to the City for review and comment. I would appreciate receiving a copy of the recorded Record of Survey for my records. Thank you. • {~ Meridian City Council March 5, 1996 Page 26 understand these are piped "tn. I see some of the boxes are off set there. I realize they need to access to those boxes to clean them out. So whatever fence goes up there they have to fence around those boozes. I don't think that is a problem, I think people understand that. Also on Golfview which is the subdivision next to us, they have done a new landscaping on the berm and stuff and they are putting some decorative rock and some I talked with a gentleman just last week and he said it is-not a bark but it is (inaudible) doesn't blow away and doesn'ti~e. I talked with three other people along the fence and they thought in the area beie~een the sidewalk and the fence that we have to meet with City code that is something tl~atvvould be nice because there would be no maintenance. So (inaudible) that is what they/ are leaning to and I don't think the City would have a problem in getting a lot of the pie along there if we had an LID that said (inaudible) but I can't do that as a homeowner use I don't have the power or any authority to do that so we are going to have to rely on you gentlemen to (inaudible) and 1 think also Meridian irrigation has to be taken into aa:ount there. Corrie: Okay, why don't Vern and Verland and you have a committee of people out there together we will set up a meetir~} and Mr. Rountree will work with the Council and see if we can't work something out with the people there as well and get that taken care of. Morrow: Mr. Mayor, could we ailso have Wayne Crookston prepare for a little legal paper concerning what all of our legal options are and what the potential problems are and so on and so forth? Corrie: Yes, Mr. Crookston wou~f you do that please? Crookston: Yes Corrie: Thank you folks for brimming that to our attention we will work with you on that. Could we have a five minute recess in honor of Max Yerrington with the Council's approval of course. FIVE MINUTE RECESS. ITEM #9: RE-SUBDIVISION UlF CHERRY PLAZA PRESENTATION -STEVE SWEET: Sweet: Mayor, members of the Council I am Steve Sweet, I am here with Chris Beeson who is a principle partner in Gerry Plaza Association and Tom Thorson with Albertson's real estate development. The site that we are talking about is the existing Cheny Plaza shopping center located at Cherry Lane and Meridian site that I would like to talk to you tonight about is 12.6 acres. 1 w~ tum on the ovefiead and step into some of the points we would like to discuss. Cherry Lane and Meridian (inaudible) with 21 other businesses Meridian City Council March 5, 1996 Page 29 those lot lines layout. Sweet: (Inaudible) Morrow: I understand all of that, the question is now when you create, now we have two lots correct? Then when this process goes forward, put on your second transparency over the top, now then what happens is you have lot one, we have also moved that lot line between lots 1 and 3, we have moved that south and creating that lot. We have added a portion of what would be lot 4 the zone and annex thing. It seems to me we are missing a step here in the paper work trail. How do you get to that psi?" The resubdivision you create the two lots and then when you do an annexation with die preliminary and final plat it goes into four but you are also changing the property lines a~ at least 3 of the pieces of property. Sweet: (Inaudible) Morrow: How does it work from the City standpoint is what f am asking. Sweet: I don't think you see that, I think it just shows up (inaudible). Unidentified Speaker: The reason you don't see that is the City itself doesn't control the conveyances, what they control is the issue of building permits it they know that a lot has been illegally subdivided. So, there would be a time here when the property wouldn't be maybe microscopically record the deeds right after you recorded that so you had your legal ownerships of the properties coincide with the plat lots.. It would take some deeding back and forth as you have noted. So if there is a concern about that we can make that a condition (inaudible) It wasn't clear when we looked at the provisions of 604 A that would allow you to create more than, it just talks about the resubdivision of lots. We didn't ask the question whether or not (inaudible) into 3 lots. We knew you could probably do two because it is just similar to a one time split (inaudible) that you could make the first three lots as just part of that 604 A resubdivision. I just don't know the answer to that. Morrow: I guess that is where I am .trying to get to. Unidentified Speaker. We also felt that there was a benefit to the City by annexing a piece in the back. From our standpoint that was fine from both Albertsons and our standpoint to do that. So since we were here in a sense asking the City to do something for us we wanted to know what we could give back to the City for doing something for us. One of which was to bring this parcel of property, this lot four which isn't used under any plan that we have now within the jurisdiction of the City (inaudible). Meridian City Council March 5, 1996 Page 31 estate department. 1 will just taa real quick and brief and summarize. Currently Albertsons is a leased tenant at the Cherryy Plaza store. Thanks to Mr. Beeson and his investors we have an opportunity to purchase the land and building at that location.. If we can complete that transaction it will commitJ~bertsons to be a long term citizen in your downtown area and in your community. We are excited about that idea and we vMOUId like to do whatever we can possible within reasorn th, achieve that goal. That is why we are here tonight to ask you to act on this what we haore requested. That is all I have. Morrow: I have a couple ques+~ns. We are a community strugglir~ for grocery stores and as you well know at one time,i~ftaertsons had a monopoly and kind of blew it. I guess my question is one what is the s of the store at, and I support ttas by the way, what is the status of the store at Ten Mile and Cherry Lane and when in the heck are you going to go on the other side of the freeway with a project so we don't have th answer anymore of those folk over there about haas-ing to drive forever to get to a stae? Thorson: In answer to your Est question, the Ten Mile and Cherry project has been submitted to the City for plan review and check. We anticipate starting construction towards the end of April there_ That is when we anticipate our site work the store would then be open, the grand open date is near November to the first part of December. As far as anything on the, I imagine you are talking the south side of the freeway, we don't have anything currently on the drawing board over there and I imagine it will just be a factor of how that area builds ~aut. Morrow: Let me tell you this withthe amount of subdivisions and stuff we are doing there we could make this deal here contingent upon you getting a site aver there. Thorson: What I could suggest ti possible if the City has building permits out in that area current building permits for tho'' last few years it might help with some of our population estimates to help support the development of a store out in that area. I would certainty welcome that information and pass it on to our economic research department. Morrow: Let me suggest this t©yo~ economic research they need to take a page out of old Joe's book and get in the car arrd drive over there and look at the strollers and folks and all the dirt underneath and then come take some scolding that we have to take because there is no store there. What it am trying to do is get the hot seat from us to you. Corrie: Any other comments? Bentley: Mr. Mayor, since you are standing there Steve I will talk to you and see if you passed on the information that you and I exchanged (inaudible) passed some of it on. Did you talk to the two gentlemen about my suggestion of extending the south entrance off '• Meridian City Council March 5, 1996 Page 32 Meridian clear through to approximately where Mailbox Etc. shows up? Sweet: Mr. Mayor, Councilmen, yes, we have discussed it we do not have an answer. We have a proposal (inaudible) We have talked about extending the landscaping in here and perhaps developing and access in this area which would bring people. A current conflict is this movement (inaudible).1 don't have that answer, I did spring it on Chris this moming and Tom and talked about it~ We are going to have to look at ~. t think with some use of islands and some landscaping the circulation on the site and on Cherry Lane at 1st can be improved. We would, !should let Chris make the commitment Bentley: Also I discussed with you what you have marked these as a permanent access bringing it clear through to vithere it runs into approximately where the Mailbox Etc. is so we have a straight pass through the center of the shopping center instead of having people weaving up and-down the isles. Beeson: We talked about this moming we haven't had time to have the people at Albertson's who are kind of masters on how that traffic circulation works and how to work that out. Our initial concern frankly was that because that isle wiN be about 27 feet wide it would take each drive isle it would take about 6 parking spots which would be and this center, so it would be maybe a loss of 25 parking spaces some of which may be able to be recouped at the ends if those are extended. The one thing about the center that is and I am sure that you are more aware of it than I am by todays standards although I am sure this was state of the art when it was first built a long time ago, it is under parked pretty bad. There are only about maybe 300 and some parking spaces ~ the front and by todays standards you want to have almost 500 out front. So I don't knowwhat the impact of losing 25 spaces would be out there in conjunction, although it would probably help the traffic circulation I don't know if it would make it worse because of the lost parking. That was our only initial reaction. Bentley: I think on this situation we really need to have a traffic study done out there. I don't know if you have been there at 5:00 at night. We had people lined up in the left turn to make a left turn on Fairview and Chery and a guy. got on the left side of the island and went straight across. Beeson: I have done that, I got on the wrong side of the island. Bentley: It was amazing he didn't end up with a head on or a side swipe crash out there because we had to sit and wait for the light to change to see what would happen. But it is a daily occurrence I have seen them come in on the left side of the island coming off. That is a real problem there. Of course the shops that you have marked Shop A doesn't give you any room for a whole lot of maneuvering in there. So if you can (inaudible) to stop that f~ ~~ Meridian City Council March 5, 1996 Page 33 first left turn it would help a ktit. Beeson: That is something without even thinking about we. knew we could address because it doesn't degrade the parking any. The other parking, the (inaudible) into one lane because we know we ccx,ir# get enough back there but I don't know if that would add enough to solve the problerni..'V~ibe just didn't frankly have the time to resolve it. Steve did mention it and we did discuss ~ and that was our only conc~m. Bentley: The other concern I word have on the split, the parking lot is starting to get pretty aligatored up out there, I don't l~aaaM~r what the plans are for resurfacing your parking lot but I think it should be done the er>~ine parking lot not one unit takes care of theirs, another unit takes care of theirs to where yvu are going to end up with o~nflicts in water drainage. Beeson: It would be done in canjinction with both sides. The declaration requires that and it has already come up from Abertson's standpoint one of the things they have mentioned is that they want to increase the maintenance standards at the center and specifically the design and declaration (inaud~le). Cowie: Any other comments fnorn staff? Tolsma: (Inaudible) you mer~oned to Chris about the possibility of putting some (inaudible) where at night time that parking lot is (inaudible) t don't know whether the employees park there in the day time or whether if nobody goes back there at night but we parked out there several times to go into the Kowloon place and like that and we are probably (inaudible) and yet the whole front end is packed (inaudible) it is not noticed anywhere that there is parking back there. You drive along the back side of Round Table and it is just a fire alley. The only way you can get back in there is (inaudible). there is really nothing (inaudible). The people I talked to are really hesitant to park there because they say it is like walking into the back of a building. They don't. Like to park bade there (inaudible) there is really nothing there to like a (inaudible) there is nothing there at night (inaudible). Beeson: Well as the owners wewould want to respond to any suggestions particularly that the community would have to ds~ that. because particularly on that issue where parking is limited the more people that we can get to use the back the better. I was not out there in the dark but I did notice that there are quite a few big lights back there so that it wouldn't be dark. One of the problems. frankly that I don't think is a problem in Meridian but companies like Albertsons tlra~ have the larger stores they are reluctant to require their employees to park behind buikings because of the security issue. They will let them and with signage and maybe lighting over the (inaudible) would be things that we could do to enhance the use of that. The owners have every incentive to do that (inaudible) requiring ~ '~ Meridian City Council March 5, 1996 Page 34 people to park back there. Tolsma: (Inaudible) there is nothing there that directs people back there. There is no signage and people walk up to the back door and they look out there and it is like (inaudible) but I have had several people say they are kind of reludant to park bads there at night because it just looked like it was a no man's land even though there are lights out there. (Inaudible) There is not to show that the place is open. Beeson: Well we could do it with signage and things that various establishments could to do encourage (inaudible) parking back there. Tolsma: (Inaudible) Beeson: There is one through the mall, I don't think they can go through theirs because all of that back of the store is all storage and stuff. (Inaudible)1 noticed that there are, for the liquor store that is their storage back there (inaudible) I don'tthink any of them have (inaudible) Sweet: I think your comment is an excellent one and perhaps some of the ground to the west comes into play with the annexed piece. It is easier to make an access road inaudible) brave soul to go past the service entrance bads there to get back there. (Inaudible) Gentlemen we have an opportunity for a new local owner and Chris Beeson acquiring this site. He is working with Albertson's and has brought Albetson's to you. (Inaudible) and they are excited about being here. We would like to request a motion or permission from the Council to allow the resubdivision I passed out an example motion for your consideration and modification. We would like to have the Council allow the resubdivision and then furthermore currently with the submittal for the lot split enter into an annexation request with the City and submit a preliminarytfinal plat, paying all the normal fees in addition to this we would anticipate that the condtions would require a landscape plan for staff review and approval which would improve the appearance to one of the communities gateways, improve the traffic circulation and also we would include some cross access easements are agreements and parking agreements between the sites. Our request is for a motion something along those lines. It has been my pleasure to speak with you. Corrie: Thank you Steve, does the Council have any comments or questions? Morrow: Mr. Mayor I have two, one is that I would like to have Wayne comment on the, I am not sure that we can make motions tonight because there is not a formal application that we are dealing with so I would like to have his comments on that. ~~ Meridian City Council March 5, 1996 Page 35 Crookston: To my knowledge there have been no applications -for annexation or subdivision, is that not correct? Sweet: There has been no application for annexation, there has I have not seen the form for the application for resubdivision other than reading the ordinance and that was the intention of this submittal was an application for a resubdivision. The ordinance reads that the application is for unpiatted ground, it is dependant upon the approval of the City Council. What we are requesting tonight is the approval of the City Council (inaudible) to continue through on the resubdivision. Crookston: I think that the Council cannot give you any type of preliminary approval for what you have suggested this evening. I have no problem with the staff saying well it looks like it will work or whatever go ahead and submit your application. The Council cannot give you a preliminary approval which they may get (inaudible) until the whole thing is actually submitted. (Inaudible) Crookston: I have not looked at that particular ordinance. So 1 am not sure, Shari do you have a comment on that? Stiles: Mayor and Council, what they are requesting tonight is not for your approval for the ultimate subdivision. What they are asking for is the very first picture that he showed you which legally once they have ownership final ownership they would be allowed to do anyway. This is something to go to the County and do anyway as a one time lot split to make simply two lots. What Mr. Sweet is suggesting is asking is just to have your blessing on this one time split, it is not a lot line adjustment because that would have to be a preliminary plat recorded lot in a preliminary plat, but the City at least as long as I have been here has allowed parcels to be split one time as long as they have met the requirements of the ordinance and have not been changed since our date of April 2, 1984. Steve has done extensive research and had convinced me that this is eligible for that. It it is a little unorthodox because of the configuration of the split they are doing. In a way it is an avoidance of following the platting process because what you see here is not what they want to end up with. They are simply coming to ask you blessing to do this split and offering letting you know that it is your commitment to come back with the annexation and zoning and the preliminary plat to do it how they ultimately want it to be and to work with the City to try and make a better product for everyone. Sweet: We would be coming to Shari is exactly right we would be coming back upon the blessing of this configuration on the overhead. We will be coming back with an application for preliminary~nal plat and annexation. That is why, we want to create the legal lot, the • Meridian City Council March 5, 1996 Page 36 two legal lots there just so the deal is clean with Albertson's. You has a City has a right to have something cleaned up and we are cleaning up some landscape issues that we addressed when this was outside the City and developed years ago. There are some circulations problems that could use some improvement that likely under a platting process the City may have a difficult time. We are making a commitment to come back and work with you to address that. There are some concerns about the CC&R's out there we would like to assure you those will be brought forward for your review and incorporated in the plat. Crookston: The City can give their indication that they think that this is a plausible idea. I don't think that it is appropriate for the City to say yes that is fine we would approve it because it is not before you.~l think that individually you can address Mr. Sweet and these other gentlemen and there is no problem. But if the request is Mr. Sweet that the City say yes this is a good deal we would approve it 1 don't think the Council can do that. Bentley: I have a question, if by the ordinance they are allowed one free split then who do they talk to to get it? Corrie: That would be the County. Crookston: It would be the County because the land is in the County. Corrie: Correct me if I am wrong I don't think you are asking the Council if they would look at this. They are getting our general comments of what we see. If you go to the County and get the one time split or resubdivision excuse me then you come with the other plats and (inaudible). Sweet: Our intention is to keep the City fully informed of what has transpired on the site. Bentley: But isn't that Plaza in the City? Crookston.: The plaza is. Bentley: That is the split he is asking for right now, he is not asking for the annexation part right now. He is just asking to split the Cherry Lane Plaza. Sweet: Perhaps I could, perhaps it might be appropriate to.give you an excerpt from the ordinance. There is a provision in the ordinance which allows the resubdivision of ground upon application to City Council. I have the entire ordinance here if you want to take a break and look at that and perhaps I could talk to staff or Council. Perhaps to take a little heat off of Council we could ask the City Engineer if he might have an application that 1. Meridian City Council March 5, 1996 Page 37 would be different than what has been submitted tonight. (End of Tape) Sweet: This is our application to Council. Smith: I am not familiar with, l am really not familiar with that teminology. Sweet: That is what Council is looking at right now. Crookston: It appears as ttwugh an application can be made for t#a~e resubdivision and the City can then in essence deade what portions of the subdivision or~rrance should be met and inform the applicant as to what that is. So I would say that the City could probably do that but I think that they really have to have some type of application for the resubdivision, just a fetter to the City saying this is what we want.to do. So that they have something to act on. Corrie: Is that not the letter that they are asking here Counselor? aid you not get one? Crookston: I probably have this. Beeson: The (inaudible) we wanted to take on this we know there is the Ada County one time split provision but when you are in the City it doesn't seem like that would be appropriate to go kind of around the City directly to the Cody Recorder by doing something. When we saw this provision in the code it seemed to be analogous to a one time split provision. It is not called that but it seems to work the same way. It didn't provide any details with it and it didn't go through the other areas that would normally be done so that is why we presented it directly to the Council in this fashion hoping that would ensure our faith with the City that we are not trying to do something behirxf anybody's back. We kept it simple in saying as Counalman Morrow so aptly pointed oui, ilhis is really like a two step here and the first step is just an interim step and we know chat but at least it only creates the two lots would seem to comply with the ordinance and yet we would continue on with the rest of it because we ultimately would like to have everything brought within the City and have it formerly subdivided to allow. What Albertson's reratly wants is to make sure that their parking lot extends to the street on Cherry lane. ff Y~ took at what we are doing that is really the only difference between the two ultimate end results other than we brought the piece in the bads into the City and that works too, Their preference from a real estate planning standpoint is always make sure that their parcels extend to both streets. Since it is covered with cross parking and cross access that is okay with us as the other owner. • `. Meridian City Council March 5, 1996 Page 38 Crookston: The land you have outlined in the pink or orange whatever color that is (inaudible) is that in the City now? (Inaudible) Crookston: So right now you, are just dealing with the land within the green area. Beeson: Which has been one parcel of property since it was acquired from (inaudible) and I think 81 or 82 before the ordinance was adopted. (Inaudible) Crookston: It would appear that the City can basically do what Mr. Sweet is requesting if you have totally reviewed the information he has supplied and feel comfortable with it you could do that. I think that you need to have some suggestions by Gary and Shari as to what requirements need to be met as far as how much of the subdivision ordinance do you want them to file and comply with. That is all I would have to say at this juncture because we have never done this before. Morrow: Mr. Mayor, it seems to me the issue here is two fold, I think that what really we are looking at tonight is just maybe a vote of support of the split and then from my perspective all the other items in terms of annexation and zoning and so on and so forth would occur in the normally occurring process. So I see that is about where we are at here. By doing it in that manor we have no commitment on the part of the Council to taking anything out of sequence. We have stilt incorporated all of our staff in our normal procedures that would apply for a subdivision annexation process. Which is what this becomes at step two. Because in step two that is when the property boundaries change and that is all part of the same procedure as I see it at this point. Corrie: That is where I see it too, that is correct. Morrow: Having said that the other thing that we need to address from my perspective is Ethics in Government Act in Idaho requires a Council to make a decision when there is a potential conflict of interest. I do own stock within Albertson's company, I would lean toward the guidance from the Counselor as to how the Council makes a decision whether I have a conflict or not and leave that to him to decide. Crookston: Does that mean since I own a couple of shares I have a conflict and can't give you an answer? Morrow: Probably, so you are in tough shape. • Meridian City Council March 5, 1996 Page 39 • Crookston: 1 don't feel that is a decision of the Council, I don't feel there is a conflict unless you own (inaudible) Corrie: Do you own 20% of the shares of Albertsons? Mon-ow: Not yet Corrie: I guess the Council can make. that decision, I don't think that, do you think you have enough shares that would cause you to be (inaudible) Morrow: My point is that Ms. Baker only did $1000 worth of business with BFI the Fourth Judicial Court saw fit to set aside the decision of the Council based on $1000. I think it is prudent in these issues that we as Councilmen bring them to the table if the Council is comfortable with us voting then they can make that decision. So I think that we need to follow that precedence that has been set within the City of Boise no matter what the perceived conflict may be or how small it might be or how large. So that is my line of thinking. Bentley: I have no problem with that. Rountree: Mr. Mayor it is not an issue with me Tolsma: (Inaudible) Crookston: You should have a vote on it. Rountree: Mr. Mayor I move that we as a Council consider the potential conflict of interest with Councilman Morrow, that there be no conflict with his ownership of stock in Albertsons' Corporation. Bentley: Second Corrie: Motion made and seconded, motion made by Mr. Rountree, second by Mr. Bentley that there will not be a conflict of interest with Mr. Morrow's shares in Albertson's stock and making a decision as far as this application is heard, any discussion? Hearing none I will call for the vote,- all those in favor say aye? Opposed? MOTION CARRIED: All Yea Corrie: Mr. Morrow you may vote on this. • Meridian City Council March 5, 1996 Page 40 Morrow: Mr. Mayor I would move that we offer endorsement of the tot split as per the configuration and that lot split occur with the County and then application be made by the parties for the normal subdivision annexation and zoning process with the City of Meridian. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley, you heard the motion any further discussion? Hearing none I will call for the vote, all those in favor say aye? Opposed? MOTION CARRIED: All Yea Sweet: Mr. Mayor, members of the Council and Staff thank you very much. ITEM #10: RELEASE OF NON-DEVELOPMENT AGREEMENT ON BEDFORD PLACE: Corrie: You have that release of the non-development agreement in front of you Council, what is your pleasure? Any discussion? Morrow: I would like, this would be the first release that we have done in my time on the Council. I would like to have Counselor take us through this process or at least take me through this process. Corrie: Counselor would you take us all through this process? Crookston: I have not looked at this application this evening, Smith: Mr. Mayor and Council members, maybe I could help. Since the letter wrote the letter to me and I have had some discussions with him on the, I guess it is the third or fourth page of the packet you have, title non-development agreement at the top of the page, fifth paragraph from the top of the page. Starts in capital letters developer, I think we read through that paragraph pretty well spells out what the developer is required to do as part of this non-development agreement. "The developer hereby agrees that no improvements will be installed in said subdivision lots as required by the City without the prior written permission of the City." That is what he is requesting. "If developer desires to install any of the said improvements for said lots then said developer shall submit a written request to the City 'w'hich shall contain a detailed description of the limited improvements which are desired and estimated time and cost of such improvements. The City reserves the right to require an irrevocable letter of credit or cash deposit or surety agreements in the amount sufficient to secure the full and. adequate performance of the developer. Upon such stated improvements and detailed construction plans such surety Notary 'c for Idaho Residing at aTTED CS 1/16TH CORNER I° w o 0 00 ~ 0 ni 50'. 6 1 /4 CORNER - ---~--~ T.3N.,R.1E.,B.M. 7 CP&F x/96032083 My commission expires CERTIFICATE OF SURVEYOR 1, Peter W. Lounsbury, do hereby ,certify that / am a Registered Lond Surveyor, licensed by the State of Idaho and that this re-subdivision, as described in the certificate of owners and attached map, was drawn from an actual survey made on the ground under my direct supervision and occurotely roprosents the points mapped hereon; and is in conformity with the State of Idaho Codes relating to plats and surveys and the corner perpetuation and filing act, Idaho Code 55-1601 through 55-1612. PETER W. LOUNSBURY IDAHO P.LS. N0. 7876 ,p ~ . ~ v , ``~9 of N50~' CITY ENGINEERS APPROVAL !N! ~pV The undersigned hereby approves the ro-subdivision meeting the requirements of Section 9-604 A of the City of Meridian Code. City Engineer Date CITY CLERK'S CERTIFICATION !, iyd/ Berg, the City Clerk in and for the City of Meridian, Ado County, Idaho, do henry certify that of a regular meeting of the Meridian City Council, held ou- the 5th day of March, 1996, the application for re-subdivision was heard and ~r+oved by fhe Meridian City Council. City Clerk Date CERTIFICATE OF COUNTY RECORDER STATE OF IDAHO, COUNTY OF ADA, SS This is to certify that this Record of Survey was filed for record in the office of the Recorder of Ada County, Idaho. this day of 1996, of p.m. Instrument No. J. David Navarro, Ada County Recorder Filed for rocord of the request of and recorded os 8y OEPUiY SURVEY INDEX NO. 311-06-3-3-3 ~~ ^~ Quadrant Consulting, Inc. .as ~ .w. a*. s~ awrR ~. ~ (sa) as-oo.- nia~ (ser) s~-oaa r~ur o/bnssb i.dwg LJf~/~ Meridian City Council March 5, 1996 Page 40 Morrow: Mr. Mayor I would move that we offe~~ ~mertt of the !at split as per the configuration and that lot split ooaurvvith the County and then application be made by the parties for the normal subdivision annexation and zoning process with the City of Meridian. Bentley: Second Corrie: Motion made by Mr. Morraw, second by Mr. Bentley, you heard the motion any further discussion? Hearing Wane I will call for the vote, atl those in favor say aye? Opposed? MOTION CARRIED: All Yea Sweet: Mr. Mayor, members of the Council and Staff thank you very much. ITEM #10: RELEASE OF NON-DEVELOPMENT AGREEMENT ON BEDFORD PLACE: Corrie: You have that release of the ran-development agreement in front of you Council, what is your pleasure? Any discussion? Morrow: I would like, this would tie the first release that we have done in my time on the Council. I would like to have Counselor take us through this process or at least take me through this process. Corrie: Counselor would you take us all through this process? Crookston: I have not looked at this application this evening, Smith: Mr. Mayor and Council members, maybe I could help. Since the letter wrote the letter to me and I have had some discussions with him on the, I guess it is the third or fourth page of the packet you hare, title non-development agreement at the top of the page, fifth paragraph from the top d the page. Starts in capital letters developer, I think we read through that paragraph prettYwell spells out what the developer is required to do as part of this non-developmert agreement. "The developer hereby agrees that no improvements will be installed in sad: subdivision lots as required by the City without the prior written permission of the City_'` That is what he is requesting. °If developer desires to install any of the said improvements for said lots then said developer shall submit a written request to the City which shall contain a detailed descriptian of the limited improvements which are desired and estimated time and cost of such imprrnrements. The City reserves the right to require an irrevocable letter of credit or cash deposit or surety agreements in the amount sufficient to secure the full and adequate performance of the developer. Upon such stated improvements and detailed construction plans such surety the prop~y until the plat has been ac~ upon by the Commission and approved by the Council and all costs and fees have been paid. No lots shall be sold, transferred, or constructed upon until the plat has been recorded in the Office of the County Recorder and a certified copy thereof has been returned to the Administrator. (Ord. 430,.4-2-84) Notwithstanding the definition of subdivision contained in 11-2-4038, where an applicant desires to subdivide an existing lot which is located in an existing subdivision which has been previously recorded and the required improvements made thereon, he may do so without going through the entire platting procedure required by this Ordinance. He shall however submit an Application for Re-Subdivision showing the existing Tot and how the lot is proposed to be re-subdivided. -?ha- ~ty,~ --Bbllth]~< tk~eA determine Nhat requirements of this Ordinance shall be complies With by the applicant. Tie City may require full cc~pltaece if deemed necessar3r. The provisions of thi$ paragraph.. pertaawg taa, the redaction. fa platting requirements of certain parcels mays apply to previously uaplatted and unsubdivide~d gad- upop application to the City Councih. (Ord. 456, 9-3-85~ 9-604 B PRE-APPLICATION MEETING The developer shall meet with the Administrator prior to the submission of the Preliminary Development Plan. The purpose of this meeting is to discuss .early and informally the purpose and effect of this Ordinance and the criteria and standards contained herein, and to familiarize the developer with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and such other plans and ordinances as deemed appropriate. The developer may also meet with the commission or Council prior to submitting an application.. 9-604 C PRELIMINARY PLAT 1. Application: The applicant shall file with the Administrator a complete subdivision application form and preliminary plat data as required in this Ordinance, not less than thirty (30) days prior to the Commission's public hearing. The Commission will not schedule any hearing or workshops or put the application on the agenda unless the above conditions have been met. 2. Public Hearing to be Held Prior to Subdivision Plat Approval: A public hearing shall a held at the time of presentation of the preliminary plat by the developer to the Commission for the purpose of allowing public input on the proposed subdivision. 3. Combining Preliminary and Final Plats: The applicant may request that the subdivision application be processed as 193 -5- ~~ • • AFFIDAVIT State of Idaho } ss. County of Ada } I, William G. Berg, Jr., City Clerk of the City of Meridian, hereby certify that I am the dully appointed City Clerk for the City of Meridian and the legal and official keeper of the minutes of the meetings of the Meridian City Council, Meridian, Ada County, Idaho; I hereby further certify that the copy of the minutes attached hereto is a true and correct copy of the minutes of the meeting held March 5, 1996 by the Meridian City Council. DATED this 23rd day of April, 1996. \\\`,`11~1111lillJifl1,/ `q~ 'p ra ~~ ~~ 9~ ~~~ STATE OF IDAHO } ~~~'~%, ~bU~(. ~,•``~~\\ ~f111llililll{114t~\\\ SS. County of Ada WILLIAM G. BERG, JR. CITY CLERK On this 23rd day of April, 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the City Clerk of the City of Meridian whose name. is subscribed to the within and foregping instrument, and acknowledged that he 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. .•~ ~, ~~ F R E~~;`- =~ ~~T ARy o a. BL d' • --~-'~~rf OF 1~P~o,,; ,~ Nota Public f daho 'ding at Meridian, Idaho My Commission Expires y /24/?~00 Meridian City Council March 5, 1996 Page 40 • Morrow: Mr. Mayor I would move that we offer endorsement of the lot split as per the configuration and that lot split occur with the County and then application be made by the parties for the normal subdivision annexation and zoning process with the City of Meridian. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley, you heard the motion any further discussion? Hearing none I will call for the vote, all those in favor say aye? Opposed? MOTION CARRIED: All Yea Sweet: Mr. Mayor, members of the Council and Staff thank you very much. ITEM #10: RELEASE OF NON-DEVELOPMENT AGREEMENT ON BEDFORD PLACE: Corrie: You have that release of the non-development agreement in front of you Council, what is your pleasure? Any discussion? Morrow: I would like, this would be the first release that we have done in my time on the Council. I would like to have Counselor take us through this process or at least take me through this process. Corrie: Counselor would you take us all through this process? Crookston: I have not looker{ at this application this evening, Smith: Mr. Mayor and Council members, maybe I could help. Since the letter wrote the letter to me and I have had some discussions with him on the, I guess it is the third or fourth page of the packet you have, title non-development agreement at the top of the page, fifth paragraph from the top of the page. Starts in capital letters developer, I think we read through that paragraph pretty well spells out what the developer is required to do as part of this non-development agreement. "The developer hereby agrees that no improvements will be installed in said subdivision lots as required by the City without the prior written permission of the City." That is what he is requesting. "If developer desires to install any of the said ir~rovements for said lots then said developer shall submit a written request to the City vrhich shall contain a detailed description of the limited improvements which are desired and estimated time and cost of such improvements. The City reserves the right to require an irrevocable letter of credit or cash deposit or surety agreements in the amount sufficient to secure the full and adequate performance of the developer. Upon such stated improvements and detailed construction plans such surety ' ~ ~ • Meridian City Council March 5, 1996 Page 39 Crookston: I don't feel that is a decision of the Council, I don't feel there is a conflict unless you own (inaudible) Corrie: Do you own 20% of the shares of Albertsons? Morrow: Not yet Corrie: I guess the Council can make that decision, I don't think that, do you think you have enough shares that would cause you to be (inaudible) Morrow: My point is that Ms. Baker only did $1000 worth of business with BFI the Fourth Judicial Court saw fit to set aside the decision of the Council based on $1000. I think it is prudent in these issues that we as Councilmen bring them to the table if the Council is comfortable with us voting then they can make that decision. So I think that we need to follow that precedence that has been set within the City of Boise no matter what the perceived conflict may be or how small it might be or how large. So that is my line of thinking. Bentley: I have no problem with that. Rountree: Mr. Mayor it is not an issue with me Tolsma: (Inaudible) Crookston: You should have a vote on it. Rountree: Mr. Mayor I move that we as a Council consider the potential conflict of interest with Councilman Morrow, that there be no conflict with his ownership of stock in Albertsons' Corporation. Bentley: Second Corrie: Motion made and seconded, motion made by Mr. Rountree, second by Mr. Bentley that there will not be a conflict of interest with Mr. Morrovws shares in Albertson's stock and making a decision as far as this application is heard, any discussion? Hearing none I will call for the vote, all those in favor say aye? Opposed? MOTION CARRIED: All Yea Corrie: Mr. Morrow you may vote on this. • • LAW OFFICES GIVENS PU RSLEY &HUNTLEY LLP GARY G. ALLEN , L. EDWARD MILLER JOSEPH H. BAIRD A LIMITED LIABILITY PARTNERSHIP PATRICK J. MILLER CH RISTOPH ER J. BEESON JUDSON B• MONTGOM ERV MICHAEL C. CREAMER 277 NO. 6TH STREET • SUITE 200 TERRY L. MYERS ROV L. EIGUREN RAMONA S. NEAL JEFFREY C. FEREDAY P. D. BOX 2720 • BOISE, IDAHO 83701 STEVEN L. OLSEN JULIE KLEIN FISCH ER (208) 388-1200 W• HUGH O'RIORDAN RAYMOND D. GIVENS ROBERT L. PHILLIPS L. W. GRANT 111 FACSIMILE (208) 388-1201 KENNETH L. PU RSLEY J. BART GREEN GREGORY J. VIETZ ROBERT C. HUNTLEY, JR. CON LEY WARD KARL T. KLEIN STEVEN R. WEEKS DAVID R• LOMBARDI STEPH ANIE C. WESTERMEIER KIMBERLY DAWN MALONEY KENNETH R. MCC LU RE M h 8 1996 JAMES A. MCC LU RE CHRISTOPHER H. MEYER arc ~ JUDITH K. HOLCOMBE OF COUNSEL Shari L. Stiles Planning Director/Zoning Administrator RECE~~/E[3 33 E. Idaho Avenue Meridian, ID 83642 LIAR ~ ~ 1996 Matter: Cherry Plaza Associates, Inc. CITY OF MERIDIAN Our file: 2762-4 Dear Shari: I wish to thank the Mayor, Council and Staff for their consideration last Tuesday. We have requested that Quadrant Consulting, Steve Sweet, proceed with the necessary two-lot split resubdivision documents immediately so that we will have the same ready for our closing. We have also requested that Steve proceed with preparation of the necessary applications and engineering to file the preliminary and final plat application at the time of closing. I am also enclosing for your reference a copy of page 15 of the Purchase Agreement with Heartland Meridian Commercial Partners. The copy which you previously received inadvertently omitted the applicable dates. You will note that our closing date is specified to be April 2, 1996. The Buyer does have a right to extend that closing for up to an additional 30 days. However, as we have previously indicated, we have no right to obtain an extension beyond May 2, 1996. For your planning purposes, I would anticipate that we would be closing this in the second or third week of April depending upon our lender's schedule, and submitting both the resubdivision and preliminary/final plat to the City. Again, I would like to express the appreciation of Cherry Plaza Associates, LLC and of Albertson's for the consideration and cooperation which were extended • • Shari L. Stiles March 8, 1996 Page 2 to us. Working with the City of Meridian is a very cooperative process, and we look forward to the continued cooperative effort during our resubdivision and platting process. CJB:ehk Enclosures cc: Gary Smith, City Engineer -Meridian Rick Clark, Paragon [w/o encls.] Brad Beckstrom, Hawley Troxell [w/o Steve Sweet, Quadrant [w/o encls.] 2762\4\CJ BLT R\ST I L E S. L01 • ARTICLE 8 -THE CLOSING 8.1 The Closinff and the Closing Date. The sale and purchase of the Property contemplated by the terms and conditions of this Agreement shall be consummated at the Closing which shall take place on Tuesday, April 2, 1996, provided that Buyer shall have the unilateral right to accelerate the Closing to an earlier date upon ten (10) days written notice to Seller or to extend the Closing for up to an additional thirty (30) days, and Seller may extend the Closing for up to thirty (30) days to obtain Tenant Documents, such extensions being subject to Buyer's Lender's consent or approval as applicable, (said date, as it may be extended from time to time, in accordance with the provisions hereof, called the "Closing Date"), which Closing Date may, with the prior written approval of both Seller and Buyer, be further extended from time to time; provided, however, that it is hereby understood and agreed that time is of the essence and either party may withhold its consent to any further extension in its sole discretion. 8.2 Seller's ObL~~ations at the Closing. At the Closing Seller shall do the following: 8.2.1 Warranty Deed. Execute, acknowledge and deliver to the Closing Agent a general warranty deed (the "Deed"), to be in form and substance acceptable to Buyer, duly executed and acknowledged by Seller, granting and conveying unto Buyer fee simple title to the land and real property interests and containing covenants of general warranty subject to no liens, charges, encumbrances, exceptions and reservations of any kind or character other than the Permitted Deed Exceptions or those which have been specifically approved by Buyer in writing. 8.2.2 Title Policy. Cause the Title Company to issue the Buyer's Title Insurance Policy in accordance with Section 4.2.1 hereof. 8.2.3 Bill of Sale. Execute, acknowledge and deliver to the Closing Agent a General Conveyance, Bill of Sale and Assignment, to be in form and substance acceptable to Buyer, assigning and conveying to Buyer the Tangible Personal Property and Intangible Personal Property and all of Seller's right, title and interest in and to any and all escrows to which Seller is a party and which concern REAL PROPERTY PURCHASE AGREEJ~SENT - 15 S:\CLIENTS\2762\4\AGRE E.DO 1 • • ^^ ^^ Quadrant Consulting, Inc, March 7, 1996 Mr. Will Berg City Clerk City of n/Ieridian 33 E. Idaho Ave Meridian, ID 83642 Re: Application for Re-Subdivision -Cherry Plaza Dear Will: ~~~~~~~~ MAR - $ 1396 CITY OF A~IEKIDIAI~ As you requested following our presentation to City Council on March 5, 1996, enclosed are copies of the overhead transparencies utilized during the testimony process. Any questions, please feel free to call. Sincerely, QUADRANT CONSULTING, INC. ~~~ Stephen H. Sweet, PE Principal enc. cc: CJ Beeson, Cherry Plaza Associates TT Thoreson, Albertson's BR Beckstrom, Hawley Troxell, et al C:U TEMP\PROPOSAL\96 ALBSW164PLA11A164SLTBI.WPD 405 S. 8th Street, Ste, 295 • Boise, ID 83702 • Phone (208) 342-0091 • Fax (208) 342-0092 • Internet; quadrant®micron,net Civil Engineering Surveying • Construction Management 20NED RT fADA COlN11TYl Tn m r N rr~ V• O n m ~l~ ~I -~----~ I I ~ xl ~I I ~I I .~ ~~ +. r ~ 4 YSRIDUN ROAD Gi"fi~ ~ «. ~ .. _ $$ _- - -_ 9~ N ~~~ y I ~~C ~ I ~i > --- ~ ~ s °z ~$~ i ~'~, \'9r ~~ ~aN s i .~ ~ ~~ j $~ i~ i• ~ I / ~ s -~--- _J ~' ~ ,T ~ .. I ~ a~ --- ~ ~ ~~ ~N I ~ ~ ~ ~,~ --- ~n I ~ , ~ ~ - ~~ i i . r--- i' ~/ L-_ ~` ~Z~~~A~~p11~1~17C~OD~p~1~A~ a (~ c~~p~ammm>mz~iz~~maz~ao z~y=a,a~~~m° ~mvm-caymmm m aco~Za~o'^a~az~zao~cm,°i,,oo '< ao 0 m~Oymova~~~=f~"~Zm sammw ~ N ~~nyoZ~°Zm~Zm~ mo~z N m a m~ a ~~~~ i~~~ ~=~~ ao a a ~~~, y,Dm C o~ a tea; 'm° o°~ c- z m ,~ ~ a70 c m m ~z N a as ~ -~ioo m ~~ °mz cmn ° y r Z Q C Z n Z y Z a a z "" "°' °"~ CHERRY PLAZA ASSOCIATES ^^Quadrant ~ ~ APPLICATION POR RE-8UBD/V18lON Consulting, I n c w 7° ~ ~ i: ' w sc u[ rae w. . r a w %i[cr xa ~ oiu~xc ~ xw[: : f , ~. trop aw-an wivr tral a.r-ara nv x osm~oa~r+.b-aes~e.e..~.~mar `! i m '~ N y m _ - MSRIDGN _ ROAD _ ....,... ~...s . ~G~i+.tw~w ZI ~I -~ ~I .~. ~~ ~ ~~ ~~ ~i ~ a i~il • '~ C N z ~ ~. i i > i N~ ~ ~ ; L ~ ~ ;~ ga ~ a~ •' N ~ 1------------------ ,. J ~ ~. ~. ~, ,; ,, ~, ~, ~- ~~~ ~~ ~~~ R a a y O = 2 O ~ ~o ~ ~o ma ~a v_ C y O Z - ~Z ~~ N "` "'~°"'° CHERRY PLAZA ASSOCIATES ~+~ APPLICATION Rat ae-sueavl8-oN ^~s~IJO 9 fOnc t,. .ro a.w w~. a.. as seiYt: r , p. vaoKtr x0. ~„pj duw~G ~11E MwE: luq .w- ~wni~ t W aa-oov ... \! i m '~ N Cl~ 0 a m _ _ xswnruv _ rsaw _ I -~--- i i I _ r 1-I r ~ -- J '~ a ' ~' I Z ~~ ~ y ~..~ 1 ~I ------------- li s i i ~ .,--~ 1 i `~- /~ i ~ c / ~--- ~ ______________r________~ %~ ~ ~. I i % , ~ i ` i `~ ,~ ~. ~i~ V ~~~ ~~~ ~~~ ~~ ~R~ R 0 m v n Z m a y Z 2 0 a N a '- z ~r. oiam rc w '~ "'""~ CHERRY PLAZA ASSOCIATES ^^ ^^Quadrant ~~ APPLICATION FOR RE-BUBD/V18rON C on s u I t i n g, Inc W .m a~w w~ a~. ar e'.. e: r ~ ~, wM[CT x0, fIl-0! ORAMIG RE x~11E: poip aR-aar~ww~ (~7op w-oou r~r J A A x ~~ rm om rZ~ N1A y9Z 2 fy VI EAST FIRST ST. a N PI O V y U ~~ 8 Om 2 D N ~ ~o z? • ~ y9y 9 D ~ 2 1m' 7m1 ~a = r j ~ ~ ~ r r m V J m Z v ~ f • FAX COVEf~ SHEET DATE: March 4, 1996 TIME: 2:01 pm (Mountain Time) PAGES (INCLUDING COVER): 14 ORIGINAL TO FOLLOW: () Yes (X) No OUR FILE NUMBER: 2762-4 From: CHRISTO!'HER J. BEESON GIVENS PURSLEY & HUNTLEY LLP Suite 200, Park Place 277 North Sixth Street Post Office Box 2720 Boise, Idaho 83701-2720 Telephone: (208) 388-1200 Fax: (208) 388-1201 MATTER: Cherry Plaza Associates -Loan Information SEND TO FAX PHONE: 503-223-2011 TO: Harold Cox MORGAN, COX & SLATER, LTD. 1406 Bank of California Tower 707 S.W. Washington Street Portland, OR 97205 (503) 223-1973. C~Oo P~ MESSAGE: Please see the attached APPLICATION TO MERIDIAN CITY COUNCIL FOR RE- SUBDIVISION, SUBJECT TO ANNEXATION AND PLATTING. -Christopher J. Beeson If transmission is incomplete, call Beth Hauer-Kilian at (208) 388-1231. ***~*.~***~***~~.***.~*CONFIDENTIALITYNOTICE~~~*~***~*~~~~*~~* THIS FACSIMILE MAY CONTAIN CONFIDENTIAL INFORMATION THAT IS PROTECTED BY THE ATTORNEY- CLIENT OR WORK PRODUCT PRIVILEGE. IT IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL(S) NAMED ABOVE. IF YOU ARE NOT A NAMED RECIPIENT OR AN EMPLOYEE RESPONSIBLE FOR DELIVERING THE FACSIMILE, YOU ARE INSTRUCTED NOT TO DELIVER, DISTRIBUTE OR COPY THIS FACSIMILE, NOR SHOULD YOU DISCLOSE ITS CONTENTS OR TAKE ANY ACTION IN RELIANCE ON THE INFORMATION IT CONTAINS. IF YOU HAVE RECEIVED THIS FACSIMILE IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE TO ARRANGE FOR THE RETURN OF THE TRANSMITTED DOCUMENTS TO US. THANK YOU. 2762\4\CJ&COX.F03 Cherry Plaza Associates Application to the Meridian Council for • Re-Subdivision, Subject to Annesat~on and Platting ~ ~ ^~ 1~larch ~, 1996 bC Chem Plaza Shopping Center property is presently comprised of two separate uses and zoninss. Both separate uses are held under one o«~nership. The community shopping center. ~~hich includes an Albertson's store. a number of shops and the Pioneer Federal Credit L"nion, totals 9.0~ acres. This center is presently annexed to the city of Meridian under a zoning of C-C (Community Center). The second use, comprised of employee parkins, a truck turn-around and vacant land, totals 3.~7 acres and is zoned RT (Ada Court<~ -Rural Transition). The location of both parcels is depicted on the enclosed Vicinir~ Map (Figure 1) and "Cherry Plaza Current Configuration" (Figure 2). Chem Plaza Associates, a company based in Ada County, has entered into a contract to purchase both pieces of property, from Heartland Meridian Commercial Partners, a Minnesota limited partnership. The full intent of the Cherry Plaza Associates is to subdivide the entire 12.62 acres purchased from Heartland into four separate lots, all zoned C-C. Of the four new' lots created under a plat, one is contemplated to be conveyed to Albertson`s, while the remaining three will remain in the ownership of the Cherry Plaza Associates. A purchase agreement bettiveen Cherry Plaza Associates and Heartland vas entered into on February 1, 1996. A copy of this agreement has been provided to Iv1s. Shari Stiles, the city Planning Director. in February, 1996. Timins constraints contained in the purchase agreement and project financing necessitate the creation of a separate lot for the Albertson's store and parking prior during April, 1996. Typically, an annexation and platting process takes longer than the time allowed in the Chem- Plaza-Heartland purchase agreement. Therefore, subject to conditions placed by the City of iVleridian, Cherry Plaza is requesting to proceed under a reduction in platting requirements as allowed in the City of Meridian Subdivision and Development Ordinance. With an approval from the Meridian City Council for a reduction in platting requirements on the evening of March ~ and subject to conditions acceptable to Cherry Plaza Associates, Cherry Plaza Associates will promptly apply to the city of Meridian with both I) a one-time split, as allowed by Ada County, and 2) a combined Annexation and PreIiminary/Final Plat request. Reduction in Platting Requirements The City of iVleridian Subdivision and Development Ordinance provides that "..:the reduction in platting requirements of certain parcels may apply to previously unplatted and unsubdivided ground upon application to the City Council" (§ 9-604A -PROCEDURE FOR SUBDIVISION APPROVAL, SUBDIVISION APPROVAL, REQUIRED, applicable excerpts are enclosed with this packet). Under this provision, the applicant, Cherry Plaza Associates, shall "... submit an Application for Re-Subdivision showing the existing lot and how the lot is proposed to be re-subdivided." Upon application, "'The City shall then determine what requirements of this Ordinance shall be complied with by the applicant." Note, the Ordinance also provides that "The City may require full compliance if deemed necessary." The Request• ~~nlication for Re-Subdivision Cherry Plaza Associates is, therefore, applying for re-subdivision and is further requesting the City Council's approval to apply the reduction in platting requirements to the existing shopping center property. The proposed lot split would be in general conformance with the enclosed drawing "Chem Plaza Application for Re- Subdivision" (Figure 3). The Council is requested to authorize the City Engineer to approve gone-time lot split creating rivo legal lots, substantially in accordance with Figure 3. Quadrant Consulting has confirmed that Ada County allows splitting of parcels throush the lot split process and the parcels created under an Application for Re-Subdivision would be legal lots. Verification on this matter will be presented during the City Council meeting of March ~, 1996. Cherry Plaza Associates Application to the Meridian Council ~ ~ March ~, 1996 ~~~C Page 2 Conditions Applicable to an Application for Re-subdivision Cherry Plaza Associates ac'u-~owledges that the Meridian Cit<~ Council may place selected requirements of the Subdivision and Development Ordinance upon an Application for Re-Subdivision. In the spirit of cooperation and because Cherry Plaza Associates, in conjunction with Albertson's, Inc. desires to 1) Annex the area currently zoned RT by Ada Count<~ and 2) Plat the entire area depicted in the enclosed figure entitled "Cherry Plaza Annexation and Preliminar.~~Final Plat'' (Figure =1); Cherry Plaza Associates proposes that the following conditions be placed upon any approval b~~ the city Council to allow a re-subdivision as provided under the Subdivision and Development Ordinance: 1. Concurrent with the submittal of a lot split for the City Engineer's approval, Chem Plaza Associates shall make application to the City of Meridian to: a. Annex and zone the existing 3.67 acres, currently zoned RT by Ada County, and b. Shall submit aPreliminary/Final Plat for the subdivision of the entire 12.62 acres into no more than four separate lots, Generally in conformance with Figure ~. 2. Along with the Preliminary/Final Plat, Chem• Plaza Associates will submit a site landscape plan for Staff review and approval. a. The landscape plan shall provide for landscaped islands, including trees, within the existing site parking area and alone the perimeter. as practical. b. Again to the extent practical, the landscape plan shall function to improve traffic circulation within the site and onto adjacent Chem Lane. 3. Acceptable conditions of platting could reasonably include: a. Completion of landscape improvements per the landscape plan approved by Staff, b. Inclusion of cross-access and cross-parking agreements for platted parcels, and c. Conveyance of additional right-of--way as required by the Ada County Highway District. Summary Cherry Plaza Associates is requesting a motion and approval of the motion by the ~'1er idian Ciry Council on the meeting March ~, 1996, substantially as follows: A. The City of Meridian will allow the re-subdivision of the existing Chem' Plaza Shopping Center creating two legal parcels through the lot split process with Ada County, subject to the following conditions: 1. Concurrently, with the submittal of a lot split for the Ciry Engineer's approval, Chem• Plaza shall make application to the City of Meridian to: a. Annex and zone the existing 3.~7 acres, currently zoned RT by Ada County, and b. Shall submit aPreliminary/Final Plat for the subdivision of the entire 12.62 acres into no more than four separate lots. 2. Cherry Plaza Associates shall submit all fees normally associated with both annexation and platting for this site. 3. Along with the Preliminary/Final Plat, Cherry Plaza Associates shall submit a site landscape plan for Staff review and approval. a. The landscape plan shall provide for landscaped islands, including trees, within the existing site parking area and alone the perimeter, as practical. b. To the extent practical, the landscape plan shall function to improve traffic circulation within the site and onto Chem• Lane. 4. Conditions of platting will provide that Cherry Plaza Associates shall: a. Complete landscape improvements per the landscape plan approved by Staff; b. Include cross-access and cross-parking agreements for platted parcels, and c. Convey of additional public right-of--way as required by the Ada County Highway District. C:\I TE~IP'.PROPOS.aL'%_aLflS'.CC REQI '.~ PD ~ ~ ~~QC CHERRY PLAZA ASSOCIATES FIGURE 1 • • ^~ ^~QC CHERRY PLAZA CURRENT CONFIGURATION ~, .. ., '~ ,~ '~ .~ ~\ PARCEL „_' `\ DRA WIwS aaf LLLUSTRa T7vE aN0 ~a." 571063361?5 iARY iN • ~ovOR AMCUNT AT THE itME CF 5~C6336200 `\ SUa'M+TSaI i0 THE CITY OF MERIC7.: `: ZONED CC ZONED RT 3.57 acres `~ •.xn 'Y n ,iio ~ ~sa:9nwi : `\ ~ ~ i ''' --------1------------------~ ~~ ~~ ~\ 7 ~ ~\ i ' i i ~ ' ,\ ~ ~ I ~ ~-------- --------~ o I ~ ' _ ~ 7 - I ~ ZONED CC i t Z 7 9.05 acres 7 ^ ~ ~I (INCLUDES LEASE PARCEL) ', I _ i .I (EXCL'JOES R.O.W. TAKES) i ~' r.r. -.~E PARCEL 1 7 •~ ~ it ~ fps'. r3•ae~3 51 x06336305 I - PaRCE! ~ ~i ~~ WARRANTY DEED _ I 57106336aC0 INSTRUMENT ,~821a502 j ZONED CC i7 ~ I 7 ~ ~~~ ~ I ~~Y _. , ~, ~ ;, _ , 7 - ~ , al~ PIONEE7 FEDERAL ~ I ~~~ Cacar uNIDN =~ __-x:: -_5J_E.iO __ ~~_ 7 --r---------------------'--r- i ~:I r ~ .-. a.c.:r tai? .s-. pr_se•: CHERRY LAVE CHERRY PLAZA ASSOCIATES FIGURE 2 • ~ ~~QC CHERRY PLAZA APPLICATION FOR RE-SUBDIVISION ~\ \ .. .. \ \ \ ZONED CC ~ \ ~ 5 PARCEL > \ 51106336196 ~~ ZDNED RT \ z s%~:"simi:ii \ :4awrn;S ~._ 'LLUSTRATwE AND Mar \ YaR" IN s v vv4 alAOUNT AT THE TlMG \ <L3Mr--_ "~ THE CITY OF ME=10raN F~ \ ~ I _ ~ \ \ I I \ I I \ I I \ I ; I I .\ ~ ~ I ALBERTSON'S i 1 I i I I ~ SHOPS "C" I I , i I I " " I \ \ I SHOPS B I \ ~ I t I I ~ I ~ - _ _ . _ - .. .. . - i MAJOR "B"' I I I PARCEL 1 , 3.53 acres I I PARCEL 2 I I I - 5.52 acres ~ 1 a I I ~ I ~'.+'. ri'IiS:'a ZONED CC MAJOR "A" I _ I I ' PaRCE! -'--- I : i I Si iDE335s00 j I I " ' I I I I I I 1 I I $HOP$ A j I i f _ PIDNEE,4 FEDE4aL I t j CREDtT UNICN ~ I I J I ra I I I ---------------------------r-~ I I I 6 I~ _ _ I ~ 1 ~ J~'r CHEF.F.Y LA YE CHERRY PLAZA ASSOCIATES FIGURE 3 ~J • CHERRY PLAZA ANNEXATION AND PRELIMINARY/FINAL PLAT ALL ZONED CC ~. ~~ ~~~C .. .. ILLUSTT.ATiVE aNG M.~ / 'I~PY :N v;.VOR AMOUNT Ai .':-= TIM: ~F ~\ SD'S.M:'"._ '0 THE CITY OF .ME31CU~ i ~ ~, \~• _ 1 \ LOT 1 ~'~ ' ------_____J _____~-____-~ ~~ 1 `\ 1 i I I ~'~ ~~ I 1 ' ' AL9EpT5cv'S I SHOPS 'G" ~ 1 `~ I I ~ I 1 i I `\ SHGPS ..~- t I 1 1 `. 1 I i 1 MAJCP '?" I LOT 2 1 I I 1 1 1 Z' i I LOT 3 i S . ~ 1 ~ i 1 1 - 1 y I I1/_~~~s ~~~`•sr I ' Ma.IGR "A" 1 C 7 _ I I ~~~~~~ I I I ~ I . 1 1 1 ~ SHOPS "a" I 1 ~ 1 I 1 I `-: i I 1 Lora I 1 I I 1 1 ~~ - ---1----------1-------------~--~ _ ~ _ -~c- - -, - i ;mss ,: >- - _ CHERP.~' LA\'E `~c-~ a.o.n. *.RC :•._- .~r..r•s , CHERRY PLAZA ASSOCIATES FIGURE 4 • INDEX .~ - 9-601 9-602 9-603 9-604 9-605 9-606 ~' 4-607 9-608 • . 9-609 ,. 9-610 9-611 9-612 9-613 9-b14 9-61~ 9-61b 9=517 E: ~' d F; SUBDZVISIO~I AND DEVELOP:IENT ORDI.IAIVCE :it_e, Authority, Jurisdiction and'Enact~ent Intent and Purpose . Rul=s and Definitions ?rccedure for Subdivision. Apor oval D_s_cn Standards Ir?r ovenent Standards ' ?la::ned Development • Mc~;le Fiomes by Reference Cer-etery Subdivision Flcccmlain Subdivision • Vacations and Dedications Variances Detection of Violation, Enforcement and Penalties F~er_dment Procedure Subdivision Fees Development Time Requirements Av ~ e~ d ix CHERRY PLAZA ASSOCIATES EXCERPTS FROM THE MERIDIAN SUBDIVISION $ ZONING ORDINANCE PAGE 1 OF 7 • 17. To provide protection against fire, e~~losioh, no:tious fumes _ and other hazards in the interest of the public health, safety, comfort, and the general welfare; 1B. To insure that buildings and land withi:: the City are adecuately maintained to prevent physical deterioration and ta:~ base erosion; 1°. To specify the ad.-~inistration of the re_ulations of the Ordinance ' by defining the powers and duties of ap:roval authorities; and '20_ To secure equity among individuals in the utilization of property. 9-603 RU:.'cS PND DEFINITIONS 9-603 A RULES For the purpose of~this :Ordinance, certain terms or words used herein shall be interpreted ~s follcws: 1. The word "person" includes a firm, association, organization, partnership, trust, .company or corporation, -as well as an individual; 2. The present tense includes the future dense, the singular number includes the plural, and the plural number includes the singular; '~ 3_ The word "shall" is a mandatory requirement, the word "may" is a permissive reeuirement, and the word "shculd" is a preferred requirement; _ 4. The words "used" or "occupied" include the words' "intended, designed or arranged to be used or occuoie "; ~. The word "lot" includes the words "plot", "parcel", and "tract"; and 6. The masculine shall include the feminine. 9-603 'B DEFINITIONS ' See Section 2-403 B of the Zoning Ordinance. 9-604 PROC~DUR~ FOR SUBDIVISION APPROVAL 9-604 A SU6DIVISION APPROVAL REQUIRED Any person desiring to create a subdivision as herein defined shall submit all necessary applications to the ?dministrator. No final plat shall be filed with the County Recorder or improvements made on -4- CHERRY PLAZA /1SSOCIATES EXCERPTS FROM THE MERIDIAN SUBDIVISION 8~ ZOO PAGE20F7 the property until the plat has been acted ueon by the Commission and a_p~ed by the Council and all c is and fees have been paid. :: ots shall be sold, transfer, or constructed upon until the plat has been recorded in the Office of the County Recorcer and a certified cony thereof has been returned to the Ad:air._strator. (Ord. 430, 4-2-84 } ' pEF-w,~~-tou Notwithstanding the definition of subdivision contained in A't ; t~cta~ O 11-2-~ ~ 33, where an applicant desires to subdivide an existing lot which is located in an existing subdivision which has been previc~sly recorded and the required improve-ents made thereon, ' he ma-% do so without going through the entire platting procedure • recuired by this Ordnance. 'r'e shall however submit an Application for Re-Subdivision showing the existing lot. and how • the lot is proposed to be re-subdivided. The City shall then dote^i.^.e what recuiremeats of this Ordinance shall be complied with by the applicant. The Cit may require full compliance if deenec necessary. The provisions of this paragraph _ fining to • the reduction in platting recuirements of certain parcels may apply to previously un~latted and unsubdivided ground upon aoolic ation to the Citv Council. (Ord. 456, 9-3-85.) -- 9-604 B ?=E-APPLICnTI0t7 METING The developer shall meet with the Administ_ator prior to the submission .of the Preli.^..inary Development Plan. The purpose . of this .:.=_eting is to discuss early and informally the purpose and effec t of this Ordinance and the criteria and standards contained herein, and to familiarize the developer wit:: the Comprehensive Plan, .Zoning Ordinance, Subdivision Ordinance and such othe~- plans and ordinances as deemed appropriate.. The developer may also Hoot with the commission or Council prior to submitting an application. 9-604 C ?R=LIMINARY PLAT 1. A~~lication: The applicant shall file with the ~d.~ninistrator a co:.iplete subdivision application form and preliminary plat data as required in this Ordinance, not less than thirty (30) days prior to the Commission's public hearing. The Commission will not schedule any hearing or workshops or put the application on the agenda unless the above conditions have been met. 2. Dublic Hearing to be Held Prior to Subdivision Plat ~ooroval: A public hearing shall e held at the time o. presentation of the preliminary plat by the developer to the Commission for the purpose of allo~.:ing public input or. the proposed subdivision. 3. Combining Preliminary and Final Plats: The applicant may request that the subdivision application be processed as i9a -5- CHERRY PLAZA ASSOCIATES EXCERPTS FROM THE MERIDIAN SUBDIVISION i~ ZONING ORDINANCES PAGE 3 OF 7 INDEX • • ZONING ORDIidANCE 2-401 Title, Authority, Jurisdiction ~ Enactment 2-402. I:.te::t and Purpose 2-403 Rules and Definitions - 2-404 Ad.:,inistration 2-405 General Ordinance Provisions' 2-406 Noz-Co:.forming Buildincs, Structures & Uses 2-407 Zoni^ c District Ma? and Districts 2-408 Establishment and Purpose of" Zoning Districts 2-409. Zoning Schedule of Use Control 2-410 Zoni,^.g Schedule of Bulk & Coverage Controls ' 2-411 Residential Housing Standards 2-412 Flooc~lain Ovezlay District " 2-413 Perfo^..ance Standards for District Use 2-414 Off-Street Parking & Loading Facilities 2-415 Signs 2-426 Zoning Amendment Procedures 2-517 Annexation and Zoning Upon Annexation 2-418 ~ Conditional Use 2-419 Variances 2-420 Certificate of Zoning Compliance 2-421 Certificate of Occupancy 2-422 Schedule of Fees, Charges and Expenses 2-423 Penalty Provisions and Enforcement 2-424 Appendix S 2-425 Official Zoning Maps CHERRY PL/1Z',A ASSOCIATES EXCERPTS FROM THE MERIDIAN SUBDIVISION ~ ZONING ORDINANCES PAGE40F7 17. 3'o insure that buildings and ~nd within .the City are adequately maintained to prevent physical deterioration and tax base erosion. 18. To specify the administration of tie regulations of .this Ordinance by defining the powers and duties of approval authorities. (Ord. 557, 10-1-91) 2-403 A RULES Fo: the purpose of this Ordinance, certain terms or words used herein shall be interpreted as follows: 1. The word "person" includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual; ' 2. - The present terse includes the future tense, the singular number includes the plural and the plural number includes the singular; 3. The word "shall" is a mandatory requirement, the word "may" is a permissive requirement, and the word "should" is a preferred requirement; 4. The words "used" or "occupied" include the words "intended, designed or arranged to be used or occupied"; 5. The word "lot" includes the words "plot", "parcel" and "tract"; and 6_ The masculine shall include the feminine. 2-403 B DEFINITIONS Accessory Use or Structure - A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. nn accessory use or structure does not alter the essential characteristics of the principal pertitted use and does not include a building which is defined herein as a dwelling unit. Administrator - A designated me,aber of the City staff who is appointed by the Hayor, and confirmed by the Council, to ad•ninister this Ordinance. Aesthetic - Those qualities of a development or natural feature which contribute to a pleasant environment. Acriculture - The use of land for farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, animal and • poultry husbandry and the necessary accessory uses for packing, treating or storing the produce, provided, however, that: i9a CHERRY PLAZA ASSOCIATES EXCERPTS FROM THE MERIDIAN SUBDIVISION & ZONING ORDINANCES PAGc50F7 ~~ • *The functional street classification definiticns are summarized descriptions of the functional street guidelines that are used by the Feceral Highway A~inistratior.. St_:et, -alf - A porticn of the width of a stree~, usually along the edge of a subdivision cr development, where the r_>>:aai.^.ing portion of the stree~ could be pro~•ided in another subdivisicn or development. Street L_-~e - A line separating an abutting lot, or parcel, frem a street. Street, ?-ocosed - The undedicated portion of a street alignment, o.-. proposed widening of an e:~isting street as prcposed on the Ada County ".ajor Thoroughfares Plan, or any-State c= Federal Highway, the a1ic-:--ent of which is officially approved_ Strip Cc--ercial and Industrial - A development pa=te:n characterized by lots in a continuous manner frontirig on streets and resulting in numerous access points to the street. Strip ZcninQ - Zoning usually found along a majcr rcadway which-is developer simply as a pattern following the outli::e o the road and without =oundation in the comprehensive study .or~in fact. Structure - Anything constructed or erected in whicZ the use requires- permanent location of the ground or attachment to something having a permanent location on the ground_ Among other things, structures include buildings, mobile homes, walls and billboards. Fences shall be deeme~ a structure. Public utility power poles shall not be deemed a s tructure_ Structural r'.lteration - Any change in the structural members of a building such as walls, columns, beams or girders. Subdivider or Developer - The person who e:tecutes an application or initiates proceedings for the subdivision of land in accordance with the provisions of this Ordinance.' He need not be the owner of the property; however, he shall be an agent of the o~-:er or have suffi- cient proprietary rights in the property to represent the owner and his acts, and representations shall be binding upon the owner. Subdivision - The result of an act of dividing an original lot, Tract or cartel of land Into two or more parts . Tne term "subdivi- sion" shall also include the dedication of a pub lit street and the addition to, or creation of, a cemetery. However, this Ordinance shall not apply to any of the following: 1. An a llocation of land in the settlement of an estate of a decedent or a court decree for the distribution of property; Z. The unwilling sale of land as a result of legal condemnation as defined and allowed in the Idaho Code; -ZY- CHERRY PLAZA ASSOCIATES EXCERPTS FROM THE MERIDIAN SUBDIVISION 8 ZONING ORDINANCES PAGE 6 OF 7 3 4. The widening• of existing streets to conform to the Ccr..p~nsive Plan; The acquisition of Street rights-of-way by a public cer.fornance with the Heridiar. Comprehensive ?lam; and Mer agency~in • S. The exchange of land for the purpose of straichtening prcperty bc~~::daries which does not result in the change of the present la::~ usace. ' ' SuvDly ~=arils - A cor~-~ercial establishment storing and offering for sale bu_ filing supplies, steel supplies, coal, heavy equipment, feed and gr air: and similar Goods. Survevcr - r person cualified by reason of his knowledge. of the prir.ci__es of surveying acqui red by educatio:. and e::perience, and who is a•~t'r.erized by the laws o: the State of =~aho to practice land survevi- - Idaho Code , ~4-1202 ('r.) . Towr.'::o~s' o: Row House - A row of two (2) or r,.cr e attached single- family e.:ellings. 'each dwelling is built with similar architectural treatr..e-~, is separated by vertical divisions by party or lot line walls, a::d each has private entrances (usually frc^t a::d rear). Trailer, Recreational vehicle and Hotor F?ome - A:;v vehicle or struc- ture co::structed in such a manner as to permit occ~.:~ancy thereof as livi r.c :ratter s or t:e conduct of any business , t: ade, occupztion, or use `as a selling or advertising device or use for storage or conveva::ce for tools, equipment or machinery a.^.d se designed that it is or r..a: be mounted en wheels and used as a conveyance on hig..ways and streets and propelled or drawn by its own or ot::er ..^:.otor power. Trar.siticnal Use - A use of land designed tc sere as a buffer between cer.flicting land .uses such as single-family residential uses and co-= ercial or industrial uses or between residential uses and heavil traveled traffic arterials. Uses desic-ated as transitional uses i:: each particular district are deemed to be those which are more or '_ess compatible to the conflicting uses. • Tr1D Ge-eration - An element of a traffic volu:,~e survey which indi- cates the nu.-fiber of automobile, bus, pedestrian or bicycle trips produce ~ or generated in a specific area or by a specific use. As an eYa^ple, an office building generates "x" nu.;~er of trips to work by its e:~ployees and "x" number of trips home from work. Truck Stop - A service station or cor,~mercial enterprise using the premises primarily to sell and supply motor fuel, lubricating oils and g re=_ses to on-premise trade including farce trucks as well as ' automo~iles and including the sale of tires, batteries, automotive accesscries, related services, major and minor motor vehicle repairs as well as special services to operators and drivers of trucks • operati-:g on an interstate basis. llyl -25- f CHERRY PLAZA ASSOCIATES EXCERPTS FROM THE MERIDIAN SUBDIVISION & ZONING ORDINANCES PAGE70F7 • Meridian City Council March 5, 1996 Page 26 understand these are piped in. I see some of the boxes are off set there. I realize they need to access to those boxes to clean them out. So whatever fence goes up there they have to fence around those boxes. I don't think that is a problem, I think people understand that. Also on Golfview which is the subdivision next to us, they have done a new landscaping on the berm and stuff and they are putting some decorative rock and some I talked with a gentleman just last week and he said it is not a bark but it is (inaudible) doesn't blow away and doesn't fade. I talked with three other people along the fence and they thought in the area between the sidewalk and the fence that we have to meet with City code that is something that would be nice because there would be no maintenance. So (inaudible) that is what they are leaning to and I don't think the City would have a problem in getting a lot of the people along there if we had an LID that said (inaudible) but I can't do that as a homeowner because I don't have the power or any authority to do that so we are going to have to rely on you gentlemen to (inaudible) and I think also Meridian irrigation has to be taken into account there. Corrie: Okay, why don't Vern and Verland and you have a committee of people out there together we will set up a meeting and Mr. Rountree will work with the Council and see if we can't work something out with the people there as well and get that taken care of. Morrow: Mr. Mayor, could we also have Wayne Crookston prepare for a little legal paper concerning what all of our legal options are and what the potential problems are and so on and so forth? Corrie: Yes, Mr. Crookston would you do that please? Crookston: Yes Corrie: Thank you folks for bringing that to our attention we will work with you on that. Could we have a five minute recess in honor of Max Yerrington with the Council's approval of course. FIVE MINUTE RECESS ITEM #9: RE-SUBDIVISION OF CHERRY PLAZA PRESENTATION -STEVE SWEET: Sweet: Mayor, members of the Council I am Steve Sweet, I am here with Chris Beeson who is a principle partner in Cherry Plaza Association and Tom Thorson with Albertson's real estate development. The site that we are talking about is the existing Cherry Plaza shopping center located at Cheny Lane and Meridian site that I would like to talk to you tonight about is 12.6 acres. I will tum on the overhead and step into some of the points we would like to discuss. Cherry Lane and Meridian (inaudible) with 21 other businesses • Meridian City Council March 5, 1996 Page 27 (inaudible). This site is comprised of a 9 acre parcel of ground (inaudible) zoned C-C, 3.6 acres not annexed to the City zoned rural transition. The site (inaudible) is vacant ground and (inaudible) Cherry Lane zoned C-C (inaudible). Between the site and (inaudible) there is another unannexed piece of property zoned R-T (inaudible). The Settlers Canal is northwest of the site (inaudible) Ada County RT zone (inaudible). Our request tonight is for one action and (inaudible) What we would like to do is (inaudible). These two sites would be formed in the area that is currently annexed and zoned to the City. The 3.5 acres outside the City in Ada County is not part of the re-subdivision request. Concurrently with the request of the City for permission to proceed with the re-subdivision we would like to file an annexation and preliminaryffinal with the City. We would like to divide the City into four parcels, one Pioneer Federal Title or Credit Union, two an Albertsons site which includes a portion of the to be annexed property. This area here is currently in the county we would like to once this is annexed plat it and we would also like to continue with the platting of (inaudible). The remaining shops will be lot three, this is a little bit out of order I hope that makes sense. I would be happy to go back to any of the over heads. As we have studied the site and visited with staff and. Shari has been very good to work with, going through the issues. We have run into one question on whether or not this can be done this type of division can be done. Last month, the month of January, Ada County processed 1400, 90 of these deeds were for similar type of lot division. In the previous year I provided Shari with a letter there, there are a number of lot divisions (inaudible) very common in Ada County. The issues we have identified is we have talked to the members of the community and the Council about parking, traffic circulation on the site, landscaping. CC&R's for the subdivision, annexation plans for the site, curiosity about Albertson's long terms strategy for the community of Meridian. Chris Beeson would like, is an owner and representative of the site and resident of Treasure Valley would like to address a number of these issues and Tom Thorson of Albertsons would like to address some of the Albertson's comments we have heard interest in. With that I would be happy to stand down unless there are questions and then I would like to reserve just a closing comment at the end. Corrie: Comments from Council, questions? Rountree: I have a couple of questions related to the re-subdivision. (Inaudible) on the re- subdivision you are proposing to break out two lots on the present property. Sweet: Present and annexed property that is correct. Rountree: And then ultimately after annexation you will have four lots. Sweet: That is correct. Meridian City Council March 5, 1996 Page 28 Rountree: Would it take any more time to break the parcel down and the resubdivision into three lots and the annexation, preliminary~nal plat just amend the one lot and add one lot that would be annexed. It seems to me that administratively that would be a lot easier, but i don't know. Sweet: We could do anything that your staff will allow. Rountree: I ask that because you start with two and you end up with the four. You are resubdividing one lot that is eventually going to be two lots and. Sweet: Under the lot split provision lots of record prior to a passage of a community or county zoning ordinance are allowed one pre-split and that is the premise we are operating under. Morrow: Can I follow up on that question Mr. Rountree? My question for Steve would be you are taking advantage of the pre-split to get the two lots then it seems to me like there is a missing link here when you do the, how do you get the two lots into four lots adding the other property and the changing boundary of the re-subdivision. Is there not a step in there someplace that has to take or add property to one lot, takes away property from one lot and then creates a fourth lot and the third lot in a sense stays in the same configuration. Sweet: Internally there would be some passing of deeds between Chris and Tom as the plat was taking place. The process would take place transparent to the community as the passing of deeds (inaudible) I think that is what you are asking there. Morrow: Yes I am asking that but also I am asking do we not as a City have to do something to create, aren't we ending up with a different aren't we really going through two plats here? Sweet: The lot line adjustment for property, we are doing a resubdivision of unsubdivided ground which is allowed by application to the City Council. Morrow: I understand that. Sweet: I am not sure if we are doing two plats or not. Morrow: Well maybe Mr. Smith can enlighten us from the staff point. Smith: Mr. Mayor, Councilman Morrow, Steve, I was wondering if your overheads art at the same scale would it be of a benefit to overlay the resubdivison over the annexation and preliminary final plat, perhaps that is the question that Councilman Morrow is asking how • Meridian City Council March 5, 1996 Page 29 those lot lines layout. Sweet: (Inaudible) Morrow: I understand all of that, the question is now when you create, now we have two lots correct? Then when this process goes forward, put on your second transparency over the top, now then what happens is you have lot one, we have also moved that lot line between lots 1 and 3, we have moved that south and creating that lot. We have added a portion of what would be lot 4 the zone and annex thing. It seems to me we are missing a step here in the paper work trail. How do you get to that point? The resubdivision you create the two lots and then when you do an annexation with the preliminary and final plat it goes into four but you are also changing the property lines of at least 3 of the pieces of property. Sweet: (Inaudible) Morrow: How does it work from the City standpoint is what I am asking. Sweet: I don't think you see that, I think it just shows up (inaudible). Unidentified Speaker: The reason you don't see that is the City itself doesn't control the conveyances, what they control is the issue of building permits if they know that a lot has been illegally subdivided. So, there would be a time here when the property wouldn't be maybe microscopically record the deeds right after you recorded that so you had your legal ownerships of the properties coincide with the plat lots. It would take some deeding back and forth as you have noted. So if there is a concern about that we can make that a condition (inaudible) ft wasn't clear when we looked at the provisions of 604 A that would allow you to create more than, it just talks about the resubdivision of lots. We didn't ask the question whether or not (inaudible) into 3 lots. We knew you could probably do two because it is just similar to a one time split (inaudible) that you could make the first three lots as just part of that 604 A resubdivision. I just don't know the answer to that. Morrow: I guess that is where I am trying to get to. Unidentified Speaker: We also felt that there was a benefit to the City by annexing a piece in the back. From our standpoint that was fine from both Albertsons and our standpoint to do that. So since we were here in a sense asking the City to do something for us we wanted to know what we could give back to the City for doing something for us. One of which was to bring this parcel of property, this lot four which isn't used under any plan that we have now within the jurisdiction of the City (inaudible). • • Meridian City Council March 5, 1996 Page 30 Morrow: I guess you covered that in your presentation of your part. Beeson: My name is Chris Beeson, the goals of my partner and I acquiring the Cherry Plaza Center was to bring local ownership of the shops portion back to Treasure Valley, improve the appearance over time.. In response to comments from Council improve and enhance the traffic circulation yet try to maintain the parking capacity. In discussing it with staff who has been very helpful in trying to guide us through this process we have discussed doing some landscaping and adding it to that center to provide a service definition to what is other wise a pretty flat parking lot out there. Some of the things we have talked about is adding some end island planter areas like maybe in the corners to provide more guidance for traffic circulation in there. The other thing that we (inaudible) during the planning process would be to, in this entrance area here where they currently have the striping on the pavement we could put some planter areas in there which might help the traffic circulation to prevent the left tum from going in that first drive isle, there may be a way of enhancing that circulation problem where cars get backed up trying to cross through there, which was one of our thoughts. As to the traffic circulation, those were the two main things would be possibly end isle planters with the raised curve and tree or whatever it would take in there according to the ordinance. Which would also kind of mark off the corners of the parking lot so people would know to drive around not to (inaudible) of the parking area. It might be possible to do signage to control of that, what I understand is a traffic stacking problem coming in and off of Cherry Lane going in front of the Center. CC&R's that we would develop between Albertson's as to their parcel and our group as to our parcels meaning basically the bank pad and the shops pad would provide for cross parking and access, architectural control over the center between the two sites so it would be a common look and hopefully the shop sites would be improved to the standards that Albertsons is done in their remodel. It would also have maintenance standards for the center which currently doesn't really exist. As to the annexation the one thing that we as owners want to get out of that is to legally add the truck turn around parcel to Albertson's piece and the ultimately want to have that. As to the rest of it we don't have any particular development plans for that but as part of the process through a development agreement can provide for the future control of the parcel by the City when that future plan becomes available. We would hope that if some of the property next door becomes available and we are able to acquire it that we could expand the center to the east and hopefully improve some of the parking problems that are there now. If we did that we could probably get some use out of that property in the back otherwise I don't really have an answer for what is possible out of that piece in the future. It just happens to be there and connected as part of the deal. Corrie: Questions from Council? Thorson: My name is Tom Thorson and I am with Albertson's grocery stores in the real • Meridian City Council March 5, 1996 Page 31 estate department. I will just be real quick and brief and summarize. Currently Albertsons is a leased tenant at the Cherry Plaza store. Thanks to Mr. Beeson and his investors we .have an opportunity to purchase the land and building at that location. If we can complete that transaction it will commit Albertsons to be a long term citizen in your downtown area and in your community. We are excited about that idea and we would like to do whatever we can possible within reason to achieve that goal. That is why we are here tonight to ask you to act on this what we have requested. That is all I have. Morrow: I have a couple questions. We are a community struggling for grocery stores and as you well know at one time Albertsons had a monopoly and kind of blew it. 1 guess my question is one what is the status of the store at, and I support this by the way, what is the status of the store at Ten Mile and Cheny Lane and when in the heck are you going to go on the other side of the freeway with a project so we don't have to answer anymore of those folk over there about having to drive farever to get to a store? Thorson: In answer to your first question, the. Ten Mile and Cherry project has been submitted to the City for plan review and check. We anticipate starting construction towards the end of April there. That is when we anticipate our site work the store would then be open, the grand opening date is near November to the first part of December. As far as anything on the, I imagine you are talking the south side of the freeway, we don't have anything currently on the drawing board over there and I imagine it will just be a factor of how that area builds out. Morrow: Let me tell you this with the amount of subdivisions and stuff we are doing there we could make this deal here contingent upon you getting a site over there. Thorson: What I could suggest i# possible if the City has building permits out in that area current building permits for the last few years it might help with some of our population estimates to help support the development of a store out in that area. I would certainly welcome that information and pass it on to our economic research department. Morrow: Let me suggest this to you economic research they need to take a page out of old Joe's book and get in the car and drive over there and look at the strollers and folks and all the dirt underneath and then come take some scolding that we have to take because there is no store there. What I am trying to do is get the hot seat from us to you. Corrie: Any other comments? Bentley: Mr. Mayor, since you are standing there Steve I will talk to you and see if you passed on the information that you and I exchanged (inaudible) passed some of it on. Did you talk to the two gentlemen about my suggestion of extending the south entrance off • Meridian City Council March 5, 1996 Page 32 Meridian clear through to approximately where Mailbox Etc. shows up? Sweet: Mr. Mayor, Councilmen, yes, we have discussed it we do not have an answer. We have a proposal (inaudible) We have talked about extending the landscaping in here and perhaps developing and access in this area which would bring people. A current conflict is this movement (inaudible). I don't have that answer, I did spring it on Chris this morning and Tom and talked about it. We are going to have to look at it. I think with some use of islands and some landscaping the circulation on the site and on Cherry Lane at 1st can be improved. We would, I should let Chris make the commitment. Bentley: Also I discussed with you what you have marked there as a permanent access bringing it clear through to where it runs into approximately where the Mailbox Etc. is so we have a straight pass through the center of the shopping center instead of having people weaving up and down the isles. Beeson: We talked about this morning we haven't had time to have the people at Albertson's who are kind of masters on how that traffic circulation works and how to work that out. Our initial concern frankly was that because that isle will be about 27 feet wide it would take each drive isle it would take about 6 parking spots which would be and this center, so it would be maybe a loss of 25 parking spaces some of which may be able to be recouped at the ends if those are extended. The one thing about the center that is and I am sure that you are more aware of it than I am by todays standards although I am sure this was state of the art when it was first built a long time ago, it is under parked pretty bad. There are only about maybe 300 and some parking spaces in the front and by todays standards you want to have almost 500 out front. So I don't know what the impact of losing 25 spaces would be out there in conjunction, although it would probably help the traffic circulation I don't know if it would make it worse because of the lost parking. That was our only initial reaction. Bentley: I think on this situation we really need to have a traffic study done out there. I don't know if you have been there at 5:00 at night. We had people lined up in the left turn to make a left turn on Fairview and Cherry and a guy got on the left side of the island and went straight across. Beeson: I have done that, I got on the wrong side of the island. Bentley: It was amazing he didn't end up with a head on or a side swipe crash out there because we had to sit and wait for the light to change to see what would happen. But it is a daily occurrence I have seen them come in on the left side of the island coming off. That is a real problem there. Of course the shops that you have marked Shop A doesn't give you any room for a whole lot of maneuvering in there. So if you can (inaudible) to stop that • Meridian City Council March 5, 1996 Page 33 first left turn it would help a lot. Beeson: That is something without even thinking about we knew we could address because it doesn't degrade the parking any. The other parking, the (inaudible) into one lane because we know we could get enough back there but I don't know if that would add enough to solve the problem. We just didn't frankly have the time to resolve it. Steve did mention it and we did discuss it and that was our only concern. Bentley: The other concem I would have on the split, the parking lot is starting to get pretty aligatored up out there, I don't know what the plans are for resurfacing your parking lot but I think it should be done the entire parking lot not one unit takes care of theirs, another unit takes care of theirs to where you are going to end up with conflicts in water drainage. Beeson: It would be done in conjunction with both sides. The declaration requires that and it has already come up from Albertson's standpoint one of the things they have mentioned is that they want to increase the maintenance standards at the center and specifically the design and declaration (inaudible). Corrie: Any other comments from staff? Tolsma: (Inaudible) you mentioned to Chris about the possibility of putting some (inaudible) where at night time that parking lot is (inaudible) I don't know whether the employees park there in the day time or whether if nobody goes back there at night but we parked out there several times to go into the Kowloon place and like that and we are probably (inaudible) and yet the whole front end is packed (inaudible) it is not noticed anywhere that there is parking back there. You drive along the back side of Round Table and it is just a fire alley. The only way you can get back in there is (inaudible) there is really nothing (inaudible). The people I talked to are really hesitant to park there because they say it is like walking into the back of a building. They don't like to park bads there (inaudible) there is really nothing there to like a (inaudible) there is nothing there at night (inaudible). Beeson: Well as the owners we would want to respond to any suggestions particularly that the community would have to do that because particularly on that issue where parking is limited the more people that we can get to use the back the better. f was not out there in the dark but I did notice that there are quite a few big lights back there so that it wouldn't be dark. One of the problems frankly that I don't think is a problem in Meridian but companies like Albertsons that have the larger stores they are reluctant to require their employees to park behind buildings because of the security issue. They will let them and with signage and maybe lighting over the (inaudible) would be things that we could do to enhance the use of that. The owners have every incentive to do that (inaudible) requiring • • Meridian City Council March 5, 1996 Page 34 people to park back there. Totsma: (Inaudible) there is nothing there that directs people back there. There is no signage and people walk up to the back door and they look out there and it is like (inaudible) but I have had several people say they are kind of reluctant to park back there at night because it just looked like it was a no man's land even though there are lights out there. (Inaudible) There is not to show that the place is open. Beeson: Well we could do it with signage and things that various establishments could to do encourage (inaudible) parking back there. Totsma: (Inaudible) Beeson: There is one through the mall, I don't think they can go through theirs because all of that back of the store is all storage and stuff. (Inaudible) I noticed that there are, for the liquor store that is their storage back there (inaudible) I don't think any of them have (inaudible) Sweet: I think your comment is an excellent one and perhaps some of the ground to the west comes into play with the annexed piece. It is easier to make an access road inaudible) brave soul to go past the service entrance back there to get back there. (Inaudible) Gentlemen we have an opportunity for a new local owner and Chris Beeson acquiring this site. He is working with Albertson's and has brought Albetson's to you. (Inaudible) and they are excited about being here. We would like to request a motion or permission from the Council to allow the resubdivision I passed out an example motion for your consideration and modification. We would like to have the Council allow the resubdivision and then furthermore currently with the submittal for the lot split enter into an annexation request with the City and submit apreliminary/final plat, paying all the normal fees in addition to this we would anticipate that the conditions would require a landscape plan for staff review and approval which would improve the appearance to one of the communities gateways, improve the traffic circulation and also we would include some cross access easements are agreements and parking agreements between the sites. Our request is for a motion something along those lines. It has been my pleasure to speak with you. Corrie: Thank you Steve, does the Council have any comments or questions? Morrow: Mr. Mayor I have two, one is that I would like to have Wayne comment on the, I am not sure that we can make motions tonight because there is not a formal application that we are dealing with so I would like to have his comments on that. • Meridian City Council March 5, 1996 Page 35 Crookston: To my knowledge there have been no applications for annexation or subdivision, is that not correct? Sweet: There has been no application for annexation, there has I have not seen the form for the application for resubdivision other than reading the ordinance and that was the intention of this submittal was an application for a resubdivision. The ordinance reads that the application is for unplatted ground, it is dependant upon the approval of the City Council. What we are requesting tonight is the approval of the City Council (inaudible) to continue through on the resubdivision. Crookston: I think that the Council cannot give you any type of preliminary approval for what you have suggested this evening. I have no problem with the staff saying well it looks like it will work or whatever go ahead and submit your application. The Council cannot give you a preliminary approval which they may get (inaudible) until the whole thing is actually submitted. (Inaudible) Crookston: I have not looked at that particular ordinance. So I am not sure, Shari do you have a comment on that? Stiles: Mayor and Council, what they are requesting tonight is not for your approval for the ultimate subdivision. What they are asking for is the very first picture that he showed you which legally once they have ownership final ownership they would be allowed to do anyway. This is something to go to the County and do anyway as a one time lot split to make simply two lots. What Mr. Sweet is suggesting is asking is just to have your blessing on this one time split, it is not a lot line adjustment because that would have to be a preliminary plat recorded lot in a preliminary plat, but the City at least as long as I have been here has allowed parcels to be split one time as long as they have met the requirements of the ordinance and have not been changed since our date of Apri(2, 1984. Steve has done extensive research and had convinced me that this is eligible for that. It it is a little unorthodox because of the configuration of the split they are doing. In a way it is an avoidance of following the platting process because what you see here is not what they want to end up with. They are simply coming to ask you blessing to do this split and offering letting you know that it is your commitment to come back with the annexation and zoning and the preliminary plat to do it how they ultimately want it to be and to work with the City to try and make a better product for everyone. Sweet: We would be coming to Shari is exactly right we would be coming back upon the blessing of this configuration on the overhead. We will be coming back with an application for preliminary~nal plat and annexation. That is why, we want to create the legal lot, the • • Meridian City Council March 5, 1996 Page 36 two legal lots there just so the deaf is clean with Albertson's. You has a City has a right to have something cleaned up and we are cleaning up some landscape issues that we addressed when this was outside the City and developed years ago. There are some circulations problems that could use some improvement that likely under a platting process the City may have a difficult time. We are. making a commitment to come back and work with you to address that. There are some concerns about the CC&R's out there we would like to assure you those will be brought forward for your review and incorporated in the plat. Crookston: The City can give their indication that they think that this is a plausible idea. I don't think that it is appropriate for the City to say yes that is fine we would approve it because it is not before you. I think that individually you can address Mr. Sweet and these other gentlemen and there is no problem. But if the request is Mr. Sweet that the City say yes this is a good deal we would approve it I don't think the Council can do that. Bentley: f have a question, if by the ordinance they are allowed one free split then who do they talk to to get it? Corrie: That would be the County. Crookston: It would be the County because the land is in the County. Corrie: Correct me if I am wrong I don't think you are asking the Council if they would look at this. They are getting our general comments of what we see. If you go to the County and get the one time split or resubdivision excuse me then you come with the other plats and (inaudible). Sweet: Our intention is to keep the City fully informed of what has transpired on the site. Bentley: But isn't that Plaza in the City? Crookston: The plaza is. Bentley: That is the split he is asking for right now, he is not asking for the annexation part right now. He is just asking to split the Cherry Lane Plaza. Sweet: Perhaps I could, perhaps it might be appropriate to give you an excerpt from the ordinance. There is a provision in the ordinance which allows the resubdivision of ground upon application to City Council. I have the entire ordinance here if you want to take a break and look at that and perhaps I could talk to staff or Council. Perhaps to take a little heat off of Council we could ask the City Engineer if he might have an application that • • Meridian City Council March 5, 1996 Page 37 would be different than what has been submitted tonight. (End of Tape) Sweet: This is our application to Council. Smith: I am not familiar with, I am really not familiar with that terminology. Sweet: That is what Council is looking at right now. Crookston: It appears as though an application can be made for the resubdivision and the City can then in essence decide what portions of the subdivision ordinance should be met and inform the applicant as to what that is. So I would say that the City could probably do that but I think that they really have to have some type of application for the resubdivision, just a letter to the City saying this is what we want to do. So that they have something to act on. Corrie: Is that not the letter that they are asking here Counselor? Did you not get one? Crookston: I probably have this. Beeson: The (inaudible) we wanted to take on this we know there is the Ada County one time split provision but when you are in the City it doesn't seem like that would be appropriate to go kind of around the City directly to the County Recorder by doing something. When we saw this provision in the code it seemed to be analogous to a one time split provision. It is not called that but it seems to work the same way. It didn't provide any details with it and it didn't go through the other areas that would normally be done so that is why we presented it directly to the Council in this fashion hoping that would ensure our faith with the City that we are not trying to do something behind anybody's back. We kept it simple in saying as Councilman Morrow so aptly pointed out, this is really like a two step here and the first step is just an interim step and we know that but at least it only creates the two lots would seem to comply with the ordinance and yet we would continue on with the rest of it because we ultimately would like to have everything brought within the City and have it formerly subdivided to allow. What Albertson's really wants is to make sure that their parking lot extends to the street on Cherry lane. If you look at what we are doing that is really the only difference between the two ultimate end results other than we brought the piece in the back into the City and that works too. Their preference from a real estate planning standpoint is always make sure that their parcels extend to both streets. Since it is covered with cross parking and cross access that is okay with us as the other owner. • Meridian City Council March 5, 1996 Page 38 C~ Crookston: The land you have outlined in the pink or orange whatever-color that is (inaudible) is that in the City now? (Inaudible) Crookston: So right now you are just dealing with the land within the green area. Beeson: Which has been one parcel of property since it was acquired from (inaudible) and I think 81 or 82 before the ordinance was adopted. (Inaudible) Crookston: It would appear that the City can basically do what Mr. Sweet is requesting if you have totally reviewed the ir~fo~ation he has supplied and feel comfortable with it you could do that. I think that you need to have some suggestions by Gary and Shari as to what requirements need to be met as far as how much of the subdivision ordinance do you want them to file and comply with. That is all I would have to say at this juncture because we have never done this before. Morrow: Mr. Mayor, it seems to me the issue here is two fold, I think that what really we are looking at tonight is just maybe a vote of support of the split and then from my perspective all the other items in terms of annexation and zoning and so on and so forth would occur in the normally occurring process. So I see that is about where we are at here. By doing it in that manor we have no commitment on the part of the Council to taking anything out of sequence. We have still incorporated all of our staff in our normal procedures that would apply for a subdivision annexation process. Which is what this becomes at step two. Because in step two that is when the property boundaries change and that is all part of the same procedure as I see it at this point. Corrie: That is where I see it too, that is correct. Morrow: Having said that the other thing that we need to address from my perspective is Ethics in Government Act in Idaho requires a Council to make a decision when there is a potential conflict of interest. I do own stock within Albertson's company, I would lean toward the guidance from the Counselor as to how the Council makes a decision whether I have a conflict or not and leave that to him to decide. Crookston: Does that mean since I own a couple of shares I have a conflict and can't give you an answer? Morrow: Probably, so you are in tough shape. • Meridian City Council March 5, 1996 Page 39 • Crookston: I don't feel that is a decision of the Council, I don't feel there is a conflict unless you own (inaudible) Corrie: Do you own 20% of the shares of Albertsons? Morrow: Not yet Corrie: I guess the Council can make that decision, I don't think that, do you think you have enough shares that would cause you to be (inaudible) Morrow: My point is that Ms. Baker only did $1000 worth of business with BFI the Fourth Judicial Court saw fit to set aside the decision of the Council based on $1000. I think it is prudent in these issues that we as Councilmen bring them to the table if the Council is comfortable with us voting then they can make that decision. So I think that we need to follow that precedence that has been set within the City of Boise no matter what the perceived conflict may be or how small it might be or how large. So that is my line of thinking. Bentley: I have no problem with that. Rountree: Mr. Mayor it is not an issue with me Tolsma: (Inaudible) Crookston: You should have a vote on it. Rountree: Mr. Mayor I move that we as a Council consider the potential conflict of interest with Councilman Morrow, that there be no conflict with his ownership of stock in Albertsons' Corporation. Bentley: Second Corrie: Motion made and seconded, motion made by Mr. Rountree, second by Mr. Bentley that there will be conflict of interest with Mr. Morrow's shares in Albertson's stock and making a decision as far as this application is heard, any discussion? Hearing none I will calf for the vote, all those in favor say aye? Opposed? MOTION CARRIED: All Yea Corrie: Mr. Morrow you may vote. on this. • Meridian City Council March 5, 1996 Page 40 s Morrow: Mr. Mayor I would move that we offer endorsement of the lot split as per the configuration and that lot split occur with the County and then application be made by the parties for the normal subdivision annexation and zoning process with the City of Meridian. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley, you heard the motion any further discussion? Hearing none I will call for the vote, all those in favor say aye? Opposed? MOTION CARRIED: All Yea Sweet: Mr. Mayor, members of the Council and Staff thank you very much. ITEM #10: RELEASE OF NON-DEVELOPMENT AGREEMENT ON BEDFORD PLACE: Corrie: You have that release of the non-development agreement in front of you Council, what is your pleasure? Any discussion? Morrow: I would like, this would be the first release that we have done in my time on the Council. I would like to have Counselor take us through this process or at least take me through this process.. Corrie: Counselor would you take us all through this process? Crookston: I have not looked at this application this evening, Smith: Mr. Mayor and Council members, maybe I could help. Since the letter wrote the letter to me and I have had some discussions with him on the, I guess it is the third or fourth page of the packet you have, title non-development agreement at the top of the page, fifth paragraph from the top of the page. Starts in capital letters developer, I think we read through that paragraph pretty well spells out what the developer is required to do as part of this non-development agreement.. "The developer hereby agrees that no improvements will be installed in said subdivision lots as required by the City without the prior written permission of the City." That is what he is requesting. "If developer desires to install any of the said improvements for said lots then said developer shall submit a written request to the City which shall contain a detailed description of the limited improvements which are desired and estimated time and cost of such improvements. The City reserves the right to require an irrevocable letter of credit or cash deposit or surety agreements in the amount sufficient to secure the full and adequate performance of the developer. Upon such stated improvements and detailed construction plans such surety