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First Street Plaza RZWILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL° CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO 1VIERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Ve"hicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: September 3, 1996 TRANSMITTAL DATE: 8/19/96 HEARING DATE: 9/10/96 REQUEST: Annexation and Zoning r~q~est BY: Cherry Plaza Associates LOCATION OF PROPERTY OR PROJECT: NE corner of Fairview and North Meridian Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR _ RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C -GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM aFINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: APPLIATION FOR ANNEXATION APPROVAL & ZONING OR•REZONE. ' - MERIDIAN PLANNING. AND .ZONING COMMISSION FILING INFORMATION I. •GENERAL INFORMATION First Street Plaza (PROPOSED NAME OF SUBDIVISION) NEC Fairview and North Meridian Road,~Meridian, Idaho (GENERAL LOCATION) See attached _ (LEGAL DESCRIPTION - ATTACH IF LENGTHY) Cherry Plaza Associates, LLC (208) 388-1200 (OWNER(S) OF RECORD) (NAME) ~ (TELEPHONE N0.) c/o Christopher J. Beeson, Givens Pursley & Huntle (ADDRESS ) p. O. Box 2720, Boise, Idaho~83701 Christopher J. Beeson (208) 3AR-i2~n (APPLICANT) (NAME) (TELEPHONE N0.) Same as above (ADDRESS} _Quadrant Consulting, Chuck Christensen,P,E. (208) 342-0091 (ENGINEER, SURVEYOR OR PLANNER) (:NAI~tE) (TELEPHONE N0.) 405 S. 8th St, Suite 295, Boise, Idaho 83702 (ADDRESS) City of Meridian (JURISDICTION(S) REQUIRING APPROVAL) Commercial (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) +50 3.54+/- ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED BY:) (FEE) U ~J CHERRY PLAZA ASSOCIATES, LLC Suite 200 475 S. Capitol Boulevard Boise, Idaho 83702 (208) 345-9000 ~'ax (208) 345-9228 Mr. Richard P. Clark, Manager Mr. Christopher J Beeson, Manager July 9, 1996 City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Re: Annexation Request Ladies and Gentlemen: Attached is an application to annex approximately 3.5 acres north of Cherry Plaza near the intersection of Fairview Avenue and North Meridian Road. The site is highlighted on the attached map. This property is south of LaPlaya subdivision, which is in an R-8 zoning district, and north of Cherry Plaza and the U.S. Bank Parcel, which are in a C-C zoning district. Except for a small paved area, the site is currently undeveloped and is in an RT zoning district. Meridian's comprehensive plan designates the site as "Existing Urban". We would like the site to be annexed into the city with a C-C zoning classification, consistent with the adjacent Cherry Plaza property an3 the frontage property on Cherry Lane which it borders, although no specific plans to develop the site have been prepared to date. The site is an excellent candidate for annexation, because it is surrounded by property already annexed to the City of Meridian. All services are available to the site. Thank you for your consideration of this request. CHERRY PLAZA ASSOCIATES, LLC An Idaho Limited Liability Company By 278218UAERID001.CJB U July 9, 1996 Page 2 State of Idaho County of Ada ss. • On this C~ day of in the year 1996, before me a notary public in and for State f Idaho, personally appeared Christopher J. Beeson, known or identified to me to be one of the managers of the Cherry Plaza Associates, LLC, an Idaho Limited Liability Company, who executed the instrument on behalf of said Limited Liability Company, and acknowledged to me that such Limited Liability Company executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first above w~tten. J/ , i ~jr , i; Notary Pu for Idaho ~ ~ ' Residing ~, ~ , My commission expires / STEWART TILE-MAIN ST.OFF TG 93881201 F.02 $'I ~4SL?S'!U'I'7 C/ ) • • W A RRAN~'Y DEED t~'UFt VALEIE RF[."-EIti'ED, HE.4R'ILANU MERIDI~-N t"OMNiERCIAL 1'tti,li'P~TI~IZSRS. a Minnesota limited partnership. the Grantor, does 1:~by Scant, bargain, -sell and convey unto C.I'iERRy PLA2r1 ~1SSU(:lATL9, T.T..G, as Idaho Ilmited liability tympany wiinsr current address is c/o Givens. PursIcy & Huntley, 277 Norsk Sixth Street, Suire 200, Boise, Idaho 8370', the Ctrat~ttx, the Premises located in Ada County, Idaho, aiul 1r~,lty described on Bxhibit A attached hctetlo and wade a part hereof. .l,U HAVE AND Tt~ RULD the sald.promises, with their aplntrit;uances unto the said Gragtee, its succegsorg artel :sssigas. and the said~Cirantor dots herctry covenant to acrd with the Said Crdntce, that is is the ownor and fat simply of said PrrmiSes; that they are free horn all eucurnhrtnces except those permitted t7eed 13xceptiu:,s set forth on Fathibit !3 attac~rcd it~tetct and made a part hereat; ~ ~~ it will warr?rrtt and defend the same from all lawn~l t:laims whatsoa4er except as they rotate to said Permitted Ueed Excepttirn,.z bated:.l~iay ~. 199G Hearttartd Mcridiffir CamnYerc;ial Farmers, 9 6 0 3 7 2 7 2 aMirrrresata limited Partrteaship By: Heacttand Eteatty Investors, inc., . A.~.1 ~;;.:~ t~U~~ E~ ~ a Miimt~tta corporation, erterai .:. uw:{'i `:~`~AI?KU g partner ftOJSE ;~ ;' AL.~.IANGE TI'ri.E ~ ~~ t t ~ ~y. "'"''- . $~ ~~ ~ 3 ~'~ 1 .3 ~ H. Wftllaar Walter ~E ~ ~ ~_ , /j~,~~~,~ Its President STATE OF~TATt:~~?E4UE~~T F rourr~r of x>;1vNEPIiv j ~~: On this ,~ dny of May, 1996, before me, a Notary Public iu ar:d for said state, personally appeared H. Williatu Walter: President of Heartland Realty invrstors, Inc,, a Mintre$ats corporation, gcueral Partner of Heartland Meridian Cornrnrrtdat Farmers, s Minnesota limited partnersh iP, who is knowA to me to be the pcr~,n whose name is ~ttbscribed to the within in~truaterrt, acid ackttowlodged to ute t}tx[ he ex .. tad the same. GG/~, wttr.uarA. -+~tuuti lwotery Public in Hrtd for Minrreso J MdrMY~.rA HriNNl:F'tN tY?t7rr1'1' ~ CCnnf ori~ f.~e Aa.Ot, lA1C hey Cottrrrrissiurt Rxpires• .. . 75437tlN301Lt)!'ft': ~ .JUL-09-19°6 16 01 Fi-OM STEWART TITLE-MAiN ST.OFF TG ,UItiJEt: N0.95t}S~~ JF3 EXHIBIT "1!n S1IOI'I'110G C~~tT);R PI11tCEI~ 93881201 P.03 A (7orticn of Lot 7, Sr-.r:l.. ic.ut 5, Taodnsllip 3 Caort:h, Ra:lgc 1 Ezat, Boi.sg Meridian, l~da County, zd~l~a, uu•,rH trcrrticu2ar?y described by rrrN (. era acid bouttds ag fol :Lowe C't~MhI1;NCTNG at tl:to sout:lteac~<r corner oL E:lte ~outltwer~L Qu~tr~pr at section 6, TawtcKl~ i!, 3 NortYt, Range .l East, I3oiee Meridian; and runni,ctg 3aat:h 88 dpy r~~~e Ui' 1U'- tweet 1, tiy9.5tt keel: (forttter' y desc2lLeci ad +~est 1, G99.5 feeL-} dlcsrtg t1tP Southerly boundary t ~ f. ~ or_ tiori 6 to tIte TAUS FO~NI'i' OF BEGI2JNING : f.:hF!t7c!ft r continuing Svut.h 88 degxgag U1' lU" West 7a5.I.+1 £eet (L'vruteL•ly daar~r. abed as Weat 698.9} Lest:} alnnc~ stal.d southerly bound~ery of S®otiert 6 to the Coutht+esk Corlcec of aajci Section ~; !:hence Nc~rtli op deareett 16' 2t? ° West 623.04 test. (formerly descrfbad as Nurt:h Rya . 22 feet! along t:hc Wast:erly boundary c7t cazd Eecki.on 6 i:c7 a ~virtt; t.t]2tlr_e Mort}1 88 dagr.Pe9 O1'1UR East 705.41 feet (formerly rl~~cc:L•f},ed Last 698.94 Leei_} al rtng a tiers parallel ;o and G22.7G fiPet at right atlglca and ~ot:t:herly from I.Icr~ said ueuthetly kr~unciary of section 6 to a point; thence Snut}t UO degree$ 21' SU" Bast G7,3 . t)5 fre=:l: (tc.,rmerly descr±bed as South A7'~ , 2Z feet} along a lj:tc parallel to atn3 Z, 698.7L fs-er at right: aicyte.y and westerly from tltc !r^Rrerly boundary oL• tl:c said 3out}iwest Qua r C er of $ecticrt G to thr~ Pf~71~'l Oir' i3i,G~NpIJ,N(;, lSXC?;F'i' these Fx~rt. ir.rcts deeded tv Ada Gouclty Iizgl7way biRt:r i r.:t. by 1~eada recorded July Z6, 1977, :~y irtetzument Nv. 7734815, and s7uly ~?., 1991, as 2nsatruinont Pto. 9239679, rp,•:s.~xc~rs of Ada County, :da>zo. Psr~ e i JUL-09-19°6 1602 FROM STEWART TITLE-MAIN! ST. OFF TO • ORUE:It N0.450S7~A JEI EXHIBIT ir,?1" FARCEL~Z ANU TRUCK 9FIN PARCgL n partat7n o~ FreC~j,pIi 5, 'T'r,wr~Kllii~ 3 North, IZRngc 1 East, tjoiAw Meridian, Ada C:oanty, Idaho, and tnvLe parti~ul2rly described as follclwri : 93881201 F.04 DE~t~IIVNINC at L•}le 5outhweeL ceznar of said Seci:iul~ r; t.Iienca North 00 dCgz•ees 0? ' 3U" w~~r. 67.3 . Uv tee C. a:Iosta tlic Weskerly boundary of Said 3ec'.:ion 6 l:~ s po ant ; t!aercce North $9 degrees Tfi'RR" East' :~'1&.58 feet to an $ron pair reel the cc:tterline of ~ c11Le}t, t:;te R EAL L~UrNT OF BECINNIN4; ~:11~l1C.P. North 3.6 degrees 01' 07." Ed;,t: 6~ , 59 feet a1oLq the cenker- I i re of a ditch to an iron pin; Llirr,c:e North 00 decrees 39'02" Fear. 49_i3 feet along the CCnter- i na of a ditch to a.n iron pin; t}1rrir.:e ailpztg a curve to the le£t 44.33 i`PPC tp d2] irart pin, sa7.d Culwe havin a cent l • g ra angle ot 74 d.~y rees 18'32", a tangent vt 7.5.9rr g2et and a l.cnq chord o£ 41.7. E! fr,At hr~axing North 35 degrees 30't4'~ wesC; thence. North 37 degrees 53r00~r i;ast 233.13 ~~At to a point on tee appruxiuratw rentexlina of Fivc MiJ,e Drain; t lience Snut'h 5:L degz'eeo 50' 27" East 791. , 2g test . along the approxitnata c:Ynt~rline of Five MiJ.e Drain to a !mint; ttlance south 65 degrees 16' 46" F:~~i. 9I . a2 feet along khe apgrclx ~ mrtte ' rentarl3na of Fivc Mile Drain ~..r, a point; thenec BouL•!1 98 degrees 1 fi' nn" West guy , u0 i:set L-o an j.r.rrr~ pin; thence r+~l1C}1 N t} $~ degx•eeo 15' 00" West 2t A , ot) feet 00 l . to an iron pin; thene:e or i c r?yrrr~.y o1 3U" went ?19.61 feet ti, :e point; thence Sour}2 88 degrCCe 1G' 00" Wr.Kr 426.89 feet to the ppj~ OF SFCTNNING. Page 2 JUL-09-196 16 02 FROM I STEWART TI-LE-MAIhJ ST.OFF TO • E7~HIHIZ' Ii • PEi#tMiTTFD DEED EXCEPTIONS 93881201 P.05 i . General Texas for the year 1996, a Lien but not pct duc and payable. ~. T1te Land described hcrein is laeateci wiibia the boundaries of the CITY O}~ D7EF.lI3L4N (888433) and ie sabjr~:t tv any Assessments levied thcrcby. ,. The Land described herein is lapttcd•witttin the bouttdari~ ctf the NAMPA- MER.tDIAN Irrigation District tmtt is subject to any Assesanarnts Ievied thereby. 4. Eascmcrrt, and the Terms and Cosdltlarts thereof: in Favor of INTERMOUNTAIN GAb (;Uh,SPgNY PurFose GAS LINES I~kND IiVC:ll]ENTAL PU1tI'OSI;R Recunler! TUNE 29,1973 TncfR~nu~nt No. 85yyQr 5. Fjascmcnt. and the Terms Hud Caoditions thereof: !n Favor of CITY OF IvIFRIDIAhT, STATE Ur' 1DAH0 Purpose SANITARY SEWER AN.U 1NC:IDI~NTAI,1''URPOSFS Recorded ibIARCH 3,1978 Instraunent N~~. 7810824 tS. Easement, and the •1'csns and CotrElitionx thereof In Favox of INT>/RMpi7NTATN GA5 CQMPANY Purpose GAS LIIJES AND IIvCIDENTAL PURPJSES Recorded JUNG 29,1973 Ittslrumcnt No. ?81 ARZS 7, Easement, attd the Terms and Conditions therein In Favor of PAUL ZATIC~ else. knc~wu as PA,ULArfp and EitMA J1:AN 2ATICA. Purpeae klt~HT-OT•wJlY AND INCIDENTAL PL"ItI~US~S Recorded APRIL 8. 1982 Insazuttent No. 8214532 8. Agn-Cment, and the Terms and Cozl~ditiaus contl~ine;d tlrer~a: between ~RTL~1Nl314t11luDIAN CnMI~IF,RCIAL PARTNERS, a Minnesota litttalcd garbacrship and U.S. HANK OFtD•AI'IO, N,A. Rcconitxl MARCH 8, !994. Instrument No. 9402I293 Purpcne: RECIPROCAL FAbEi4ILTIT - Z8398/LW9~,QI!.I)OC 93881201 P.06 • 9. Easement, and the Terms and Conditions thereof - In Favor of IDAHO POWER COMPAI~TY Purpose UNDERGROUND POWF,R LINES AND INCIDENTALS Recorded MARCH 13,1995 Instrument No. 950I 5 i 54 10. E3senzent, and the terms and Conditions thereof: In Favor of IDAHO POWER CO.vIPANY Purpose UNDERGROUND POWER LINES AND INCIDENTALS Recorded MARCH I3, I39.5 Instrument No. 95016755 ] i . Easement, and the terms and Conditions thereof In Favor of IDAHO POVKER. COMPANY Purpose UNDBRGROUIVIJ POWER LII~iES AN7? INCIDENTALS Recorded MARCH I3; 1995' Instrument No. 950I6756 I Z. Easements as disclosed by a Stu~vey,: Purpose SANITARY SEWER, TRANSFORMERS, UNDERC~RQUND POWER, GAS AND TELEPHONE, RIGHTS-OF.-WAIF FQ~R IRRIGATION PIPES AND STORM DRAINS Recorded MARCH 4,1982 AND JULY 20, 1988 Instrument Nv. $8-822. CTM~ENGINEERING 13. Easc:ncnt interest as to Parcel 2 descried herein, created by a dvcumen~ entitled "Right of Way" Grarnor LEONARD Vii.. EVANS and DORIS B. EVANS, husband and wife, and JAMES-.1~-+I. REES and ELEANOR V. BEES, husband and wife GraIItee PAUL ZATICA~ and .EIt,MA JEAN ZATICA, husband and wife Dated JULY 1 ?, 1973 Recorded JULY 21,1973 Insttvmertt No. 855559 Purposes CONSTRUCTING-AND.OPERATING AN UNDERGROUND DRAIN TILE ~ -- 14. Declaration of Restrictions as affects a leasehold interest for ALBERTSON'S, INC., a Delaware Corporation a~ the 1DAH0 FIRST NATIONAL BANK, a. National Banking Association, recorded FEBRUARY 26, 1988, as Instrument No. 8809219, and re-recorded FEBRUARY 29,1988, as Instrument No. 8809452, Of&cial Records. 28398lLW~/.Qll.DOC ST.OFF TG ,' • • 15. Memorandum of Lease 93881201 P.07 - Lessor HEARTLAND h+IETUDIAN CQMMERCIA.L PARTNERS. a Minnesota li}nited.partnerslrip Lessee ALBER'TSON'S, Ir1C., a Delaware corporation Term 20 YEARS Dated MAY 20, 1988 Recorded JL~tE 16, 1988 Instrument No. 8829392 Amendment to Shopping Center Lease: Landlord HEARTLAND MERIDIAN COMMERCL4L PARTNERS, a Minnesota limited partnership Tenarrt ALBERTSQN'S; T1VC., a Delaware corporation Dated JULY 29, 1988 Recorded QGTOBER b, I988 Instn~ment No. 8849373 Memorandum of Second Amendmetrt to Shopping Center Lease Dated JULY 21, 1994 Recorded DECEMBER 6, 1994 Instrument No. 94106300 16. Unrecorded Leaseholds, if any,.and th~}Zights of Vendors and Holders of Security Interests in personal gropezty of Teaants to remove said personal property at the expiration of the Term. 17. Lease, and the terms and conditions thereof Lessor HEA1TLAND MERIDIAN CQMMERCIAL PARTNERS Lessees RQBERT H.'R~EVES, THOMAN E. SULLIVAN and DONALD J. C'~~NTREI,L NOTE: LESSEE'S INTE}tEST' Thi. SAIT3 LEASE ASSIGNED TO SPUD SR., INC., an Idaho corporation Subordination, Non-Disturbance anti ,4ttornment Agreement Between SPUD SIL, INC., an Idaho corporation and WESTERN M{)ItTGAGE LOAN GQRPORATIQN Dated AUGUST 2,1988 Recorded AUGUST 5, 1988. Instrument No. 8838447 Regarding RbUND TABLE PIZZA 28398/LW°h0} I.DOC • 18. Subordination, Non-Disturbance and Attomm~ent Agreement . Between COAST TO GC?AST: STORES (CENTRAL ORGANI2A'I'IOl'd~ INC. and WESTERN MORTGAGE LOAN CORPQRATION Dated JULY t 2. 1988 Recorded AUGUST 5,198$: Instrument No. 8838449 Regarding COAST TO COAST STORES 19. Subordination, Non-Disku:hance and Attornment Agreement Between STATE LIQUf)R DISPENSARY OF IDAHO and WESTERN 11~ORTGRGE LOAI~1 CpRPORATION Dated JULY 13.1988 Recorded AUGUST 5,1988 Instrument A1o. 8838450 Regarding STATE LIQUt7R DISPENSARY 20. Subordination, Non-Dfsturbance.aud Attornment Agreement Between DONNA 30NES-SIdYLER and WESTERN 1~IORTGA,GE LOAN CORPORATiC7N Dated JULY 13,1988 Recorded AUGUST ~, I988 Instrument No. 8838453 Regarding NEW BEGIl~ININGS 21. Subordination, Non-I?is~turbance i~d~.Attornment Agreement Between H & V EN'T'ERPRISES, INC. and .WESTERN Mt~RTGAGE LDAN CORPORATION' Dated JULY I5, I988 Recorded AUGUST 5,1988 Instrument No. 883$455 Regarding PRENIIERE VIDBp 22. Lease, ar3 the terms and ceaditiotts thereof Lessor PAUL ZATICA: and ERMA JEAN ZATiCA, husband and wife Lessee Term Begins Recorded Instrument No. PRGVII?ENT FEDERAL SAVINGS AND LOAN _ AS5pCIATIOfiT 20 YEARS BATE pN WHICI~i TENANT OrPEN5 THE DEMISED PREMISES TD THE PUBLIC FDR BUSINESS FEBRUARY 1Z, 1981 8106177 - 28398/Lw°'ool !.DOC • Subordination, Non-Disturbance and Attornment Agreement Between PROVIDENTFEDERAL SAVINGS & LaAN ASSOCIATION and WESTERN MORTGAGE LOAN CORPORATION Dated JULY 18, 1988 Recorded AUGUST 5,: 19$8 Instrument No. 8838456 Regarding PROViDENT~:DERAL SAVIN£S Z3. Subordination, Non-Disturbance aztd~A-ltornment Agreement Between WRIGHT PATTERSON REAL ESTATE, sr1 Idaho sole proprietorship and WESTERN IVIORTGAGE LOAN CORPORATION Dated JULY 15, 1988 Recorded AUGUST 5,1988 Instrument No. 8835457 Regarding WRIGI-iT PATTER~ON Z4. Subardu~ation, Non-Disturbance and ~ittc-rnment Agreement Between WESTCO, INC., ari Idaho corporation ~ WESTERN MORTGAf~E LOAN Ct~RPORATION Dated JULY I8, 198$ Recorded AUGUST 5.1988 Instrument No. 8838458 Regarding WESTCO, INC. 25. ANan-Disturbance and Attorameatt Agreement Between WESTERN MO1~TC~AGE LOAN CORPQR.ATION, a Utah corporation and ALBERTSON'S~ INC., a Delaware corporation Recorded AUGUST S, 1988 Instrument No. 8838460 Regarding ALBERTSONS 26. Consent and Subordination Agreemem, and the Terms and Conditions contained therein: Between UNITED QF OMAHA LIFE INSURANCE COMPANY and ALBERTSON'S, INC., ~.Dciaware corporation _ Recorded DECEMBER C~ 1994 . It'1Strtimcnt No. 94106301 27. Easement for water line along the Westerly and Southerly boundary of the real property as disclosed in that certatn'gVarraaty Deed corded January 10, 1977, as Instrument No. 7701203, records of Ada County, Idaho. 2s3ssn.w~~o~!.z~oc JUL-09-19°6 16 04 FP.OM STEWART T I -LE-MAIN ST. GFF TG • 28. Easement, and the Terms and Conditions thereof: , In Favor of CITY QF ME1rIpIAN Purpose SANITARY SEWER I:INE Recorded MARCII 2,1978 Instrument No. 7810824 29. Easement, and the Terms and Conditions thereoF In Favor of CITY OF MERIL7IAN Purpose SANITARY SEWER LINE Recorded MARCH 2,1978 . Instrument No. 781Q825 93881201 P. 10 3(}. Easement, and the Terms and Conditions thereof: In Favor of PAUL ZATICA also known as PAULINO ZATICA and ERMA JEAN ZATICA, indivtdttals Purpose INGRESS AND EGRESS Recorded APRIL 8,1982 Ias-trurnent No. 8214532 31. Easement, and the Terms aad Conditions contained therein: 8~t~,veen HEARTLAND MERIDIAN COMMERCIAL PARTNERS, a Minnesota limited partnership and ALBERTSt31~t'S,'INC., a Delaware corporation Retarded DECEMBER 12,1995 Instttunent No. 95091423 Purpose INGRESS AND~.EGRESB 32. Survey matters as disclosed bye Survey prepared by Quadrant Consulting, Inc., dated Apri122, i 996 28398/i.W°/A!l.DOC July 1, 1996 PROPERTY DESCRIPTION A parcel of land located in the Southwest 1/4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the Southwest corner of said Section 6 which is mazked by a brass cap thence running North 0°16'20" West 623.04 feet (formerly North 0°01'30" West 623.00 feet) along the westerly boundary of said Section 6 to a point; thence North 88°01'10" East 277.61 feet (formerly North 88°16'00" East 276.68 feet) along a line pazallel with and 622.76 feet northerly (when measured at right angles) from the southerly boundary of said Section 6 to the POINT OF BEGINNING which is marked by a set 5/8" diameter rebaz, thence North 16° 14'01 " East 66.42 feet (formerly North 16°01'02" East 62.69 feet) passing through a found iron pin and along the approximate centerline of a ditch to a found iron pin, thence North 0°43'44" East 49.09 feet (formerly NO°39'02" East 49.13 feet) along the approximate centerline of a ditch to a found iron pin, thence 44.39 feet (formerly 44.33 feet) along a curve to the left along the approximate centerline of said ditch to a found iron pin, said curve has a radius of 34.22 feet, a central angle of 74° 19'40" (formerly 74° 18'32") and a long chord which beazs North 36°26'06" West 41.34 feet (formerly North 36°30' 14" West 41.28 feet), thence North 37°37" 30" East 234.42 feet (formerly North 37°53'00" East 239.13 feet), to a point on the southerly boundary of LaPlaya Manor Estates Subdivision as recorded in Ada County records, said point falls in the Five Mile Drain ditch, thence South 53°05'16 East (formerly South 52°50'27" East) 791.25 feet along said southerly boundary of LaPlaya Manor Estates Subdivision to a point which falls in said Five Mile Drain ditch, thence South 65°31'35" East 91.10 feet (formerly South 65°16'46" East 91.22 feet) along said southerly boundary of LaPlaya Manor Estates Subdivision to a point which falls in said Five Mile Drain ditch, thence leaving said southerly boundary of LaPlaya Manor Estates Subdivision South 88°10'24" West 208.32 feet (formerly South 88°16'00" West 209.00 feet) to a found 1/2" diameter rebaz, thence South 88°16'54" West 216.76 feet (formerly South 88°16'00" West 218.00 feet) to a found 1/2" diameter rebaz, thence - - North 0°14'50" West 209.11 feet (formerly North 0°1'30" West 210.61 feet) along a line parallel with and 1698.72 feet westerly (when measured at right angles) from the easterly boundary of said SW 1/4 of Section 6, to a set 5/8" rebaz, thence South 88°01'10" West 427.80 feet (formerly South 88°16'00" West 426.89 feet) along a line parallel with and 622.76 feet northerly (when measured at right angles) from the southerly boundary of said Section 6 to the POINT OF BEGINNING. Said parcel contains 3.54 acres, more or less. C:\ I PROJECT I32'00\ZDESC. WPD _ _ _ __ _ - S r. - -- - -- -r- --~ --. ~ _ ~~ u ,0•~ j ;- ~ P I y I t9 ~ a -~ - I~ 1 I I -, `cam Lco I~~; cc Ijs', _ I I . ~ ~ t ~ a3 ~~s 16s'~o i - -~- ° b ~- -,- -~- - - -j ~~ G -, - -°~'~ J v l°J t 1 I I t 1 1 I i I ~ e•. ' ~ `>Ii as ~~ ' • ~ 1 , S ~ ~ i'-~ ~ •• R ---~-- 1 V • M Z ' 1 T' ~ ~ :; I r 1 ~; 1 t 'SS I Iu; . 70 ~~~o .Go ~ /oy t :s6 ,.~ ~ d• I .y ~ I 1 y x* 30~ o ~~ ~ ~. ~fS N ( I. , r ^AI~ + ,~„ I m ~ Ili ~ i~~ W ~ ~ I O I `O I I I I i 1 ~ !o' t~ N ! ~ ~ ~ II ' ( N t I I 'I II~, I 1. L--~--- ~--i---L--- -~ I -- ~ ---- ---- o. o I r : ~ C O~ ~ ~ i ~ ~ , Q \ - W 1 -P ~ a `_ ~c . N I :. ~ r co' . ~ ~ I ~ r-- ~ I I r ~+ w ~ ~ a y I •~ ~ e•' ~ o . E. 3 QQ e S T. ~r ~- •- G, ,. ~. ~ I ~1r~-p1 ~ I ~'c < \, Sol I ~~ ;., I _ z~ ~: I I L; :~ ~ -~ 1 ~ I _~ ~ o 3' N .NO `~,~ ~ O1i' AVE. m N m~ ma "' w . o W f ~ ~' A N O1 •1 A ~ r a 1 ~ r ~ a a •~~ 0 u O '~ 6 ~oe- 1, ~~ i r~ A . J A o l ~? +~ ~~ N w ~~ w ::, ~.~'.{off/`'~ ~ ...~~. \d~i _ I RIS ~ AV.- :~ / O N N ~ .. a° ~m r m u A w N N BUENA VISTA AVE w w w ~~ii11 N ro N ro w t~ - O b D V P N ti Nr r~ a P ~a ~-t I R I m e~ N T r ~ r ~ ~ ~ ~ ~J ~- ~ ~ o ~~, ~ ~ -I ~~ ~~ ~ / I~ R ~r ~ r /~ ~ .. '_` ,\ • \ O / ~ ~l '' / / i ~- - - ~ r~~~~~~~~~~~~~~~~~~~~~~~~~~~~~`~ r D a j r - • ~ `~ i WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATNA. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: September 3. 1996 TRANSMITTAL DATE: 8/19/96 HEARING DATE: 9/10/96 REQUEST: Annexation and Zoning_request BY: Cherry Plaza Associates LOCATION OF PROPERTY OR PROJECT: NE corner of Fairview and North Meridian Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: • HUB OF TREASURE VALLEY • COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN C GLENN R. BENTLEYEE 33 EAST IDAHO "a ._ APPLIATION FOR ANNEXATION APPROVAL & • ZONING OR•REZONE. MERIDIAN PLANNING AND .ZONING COMMISSION FILING INFORMATION I. •GENERAL INFORMATION First Street Plaza ,(PROPOSED NAME OF SUBDIVISION) NEC Fairview and North Meridian Road,•Meridian, Idaho {GENERAL LOCATION) See attached (LEGAL DESCRIPTION - p-TTACH IF LENGTHY) Cherry Plaza Associates, LLC (OWNER(S) OF RECORD) (NAME) (TELEPHONE N0.) c/o Christopher J. Beeson, Givens Pursley & Huntley (ADDRESS) p. O. Box 2720, Boise,- Idaho~83701 Christopher J. Beeson (208) 388-inn (APPLICANT) (NAME) (TELEPHONE N0.) Same as above (ADDRESS). Quadrant Consulting, Chuck Christensen,P.E. (208) 342-0091___ (ENGINEER, SURVEYOR OR PLANNER) (:NAME) (TELEPHONE N0.) 405 S. 8th St, Suite 295, Boise, Idaho 83702 (ADDRESS) City of Meridian (JURISDICTION(S) REQUIRING APPROVAL) Commercial (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) +50 3.54+/- ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED BY:) (FEE) CHERRY PLAZA ASSOCIATES, LLC Suite 200 475 S. Capitol Boulevard Boise, Idaho 83702 (208) 345-9000 Fax (208) 345-9228 Mr. Richard P. Clark, Manager Mr. Christopher J. Beeson, Manager July 9, 1996 City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Re: Annexation Request Ladies and Gentlemen: Attached is an application to .annex approximately 3.5 acres north of Cherry Plaza near the intersection of Fairview Avenue and North Meridian Road. The site is highlighted on the attached map. This property is south of LaPlaya subdivision, which is in an R-8 zoning district, and north of Cherry Plaza and the U.S. Bank Parcel, which are in a C-C zoning district. Except for a small paved area, the site is currently undeveloped and is in an RT zoning district. Meridian's comprehensive plan designates the site as "Existing Urban°'. We would like the site to be annexed into the city with a C-C zoning classification, consistent with the adjacent Cherry Plaza property and the frontage property on Cherry Lane which it borders, although no specific plans to develop the site have been prepared to date. The site is an excellent candidate for annexation, because it is surrounded by property already annexed to the City of Meridian. All services are available to the site. Thank you for your consideration of this request. CHERRY PLAZA ASSOCIATES, LLC An Idaho Limited Liability Company By 2762\9~MERID001.CJ6 July 9, 1996 Page 2 State of Idaho ) ss. County of Ada ) • On this ~~ day of in the year 1996, before me a notary public in and fort State f Idaho, personally appeared Christopher J. Beeson, known or identified to me to be one of the managers of the Cherry Plaza Associates, LLC, an Idaho Linuted Liability Company, who executed the instrument on behalf of said Limited Liability Company, and acknowledged to me that such Limited Liability Company executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first above w~tten. Notary Pu for Idaho Residing i~s My commission expires JUL-09-1996 16 01 FROM STEWART TITLE-MAIhJ ST.OFF TG • W A RRAN'~""Y DEED 93881201 ~7 ~QSUS''7U7.2 F'UR VALUE RFCEI4"ED, HEAR'II.11.Nll MEItIDI~-N COMMERCIAL Y~ii'!N>~RS. a Mir~nesnta limited partnership. the Grantor, dc,es ]tareby grant, bargaizt, sell and convey unto CHERRY PLP.~~ AS$UC,IATTS, t.L.C, an Idaho tirnited liability company wi,ase 4urrertt address is clo Crivcns, Parsley & Huntley, 277 North Sixth Street, Suite 2t}t}, Boise, Idaho 83742, tpc Gratita, the premises located in Ada County, Idaho. atul l~,Ety described on Exhibit A atta~clxd hereto aiicl made a part hereof. '1'V HAVE 4~wD Tt~ HULD the said.premiCes, with their apln~rlruances unto the said Cfrantec, its successors aint assigns, and the said•(irantor dots heretry covenant to and with the said Crantce, that it is the pwnoraud foe simple of said pn=raises; that they are fret from all cucurnhrrnces except those Permitted Deed T:xceptiuirs set forth on Exhibit ]3 attached it~rcic~ and made a part h~srecf; and that it wilt war=artt and defend the same from elf lawfi~l ~:laims whatsoever except as they relate to said Permitted Ueed Exceptirn,.~. Dated: Mav ~. 199ti Hetartlartd Meridian Cam-nercial Parmers, 9 6 0 3 7 2 7 2 a Minrtcsata limited rartrrrzship By; lieauilend Realty Investors, Inc„ _ A4;1 `v'v..:~E.t`ii~t'1Et~ a-Mi~uic~taeorFot~atian, ... uw•~'I: ':'~YAi'RG ,general partner iiOiSE .7 l~Li„lANGE T1Ti.E By $~ (~~'~ 3 Flit 3 ~ Ii. tNflliaat Walter ~~ Its President FE ~ ~ ~`•' STATE of>~~~~~~Tt.E ~?EaU ~Sr ar: f".t:TUr1Ty OF HENNEPIN ) ~x_: tan this ~, ~.y of May, 1996, before me, a NotatY Public iJi aril Frar said state, persoaa].ly appeared (~, William. WHlter, President of Heartland Realty tnvrslcrs, Inc., a Minnesota corporation, general ~rtner of Heartland Meridian Cornmen7sl ParKrteis, a Minnesota limited partnership, wiia is known to the to be the pcrsatY whose name is subscribed to the within ii,ctrument, and aclSttowlcd~ed to i;ze t}ixt ha ex .. ted the same. wru.uMq, K,ar,,~ IWotary I'ubtic 'rn Huci for Minneso .[ aor~urv r~,p - M~atESUrM rt~ntF,et+tN oQVnrr,• ~*cen++~sr,tv-.ehn.ai,pooo NJ;y Cotiltttissiuri T?xpires: . P.02 25453r1N3d1 !.rmr: .JUL-09-19°6 16 01 FP.OM STEWART TITLE-MAIN ST.OFF TO 93881201 P.03 • Uliirlvt~ NQ . 95457~~1 ~7Fi EXHIAIT ~r11n SliO!'!'ZNG C~~1TtuR FI.112CEL A portion of Lot 7, .Qie+.rl.. ir.rrr 6, towpg}sip 3 North, Aazl~e 1 East, 8oigg Mexidiatl, )kda County, Idaho, niC,rF! L,~z•tiouYarly describer) Gy irrr~t, rxs arrd routsds as ;Col :tow, t't7MMENCING at tlta gouLtseaat corrser• vt E:}se 8outlswesL guar*.Qr Qt t"r~:Ct~lct2 6, 'PC7wt~flirilr 3 North, Range :L t!:.Z[7t~ $O~.sA Meridian; and rursnizsg , 3aul:ls 88 dQyreY~ UI' 1U'r [Pest 1,by9.5U Leer {kox•~tecrl;r clescriLrrcl ad Wrrst 1, G99. 5 feet} dlvng t:}rP Soueher7,y boundary crt: ~oetion 6 to tare ~rAUE PQIN'i' OF BECZNNING: Lh~!neQ ; continuing Soul.h 88 degzaes v'1~~.U" West 705.14 £eet ftvratet•Iy dQRr•r.abed as Went: 698.9~~ LeYt:) alotlr~. said 8autherly 3~oundary of Sect3oxz 6 to the Gouthwesk eortrer of as 1 ri 8pr_ tiois C, ; L• hersce North v0 dec_een 16'20" West 623.04, Lett. ff~rmerly deecr'fbed ae N~tt:h ~.~~ . Z2 fast} alozzg t:he West:eriy boundary r,~ aald t;eckxon 6 tr7 a ~virrt; t-taessea Nvrt}l 88 dPgr. ee9 O1' :I.U" East 705, 42 feet f formerly r3~>ac~L•ibed East 698.99 ttret_} al Ong ~ lirse Parallel to atnd G22.7G feat at xiglit atiglco and Nar:t~rerly fraw .fir ,said ~out}zerly L~u~~riary ni• Savtiors 6 ko a point; thence grnrt}s UO degr«~es l4 ~ 5U" Eagt GZ3 . U5 iPr.i: i ~c:rtnWrly deBCrfbed r~F3 8oul:ir 6a~ , 22 feet) along ~^~, 1zz1C pei'aX3e1 to anr3 z, 698.74 feel: at right 3iry},Y.~ and wesCerXy from tlzc P;aRr. erly boundary of L•Ir,r said ~autliwest Qua r. L er of BecL-icn 6 to tlic~ Pnr.t1•r OF' 8.~;c;3Nrr1NC;, CI;F'I' tFrasa Fx:,rt. i c.rrrs deeded tv Ada C:cuzlty lixgllway bi4t:r i r.:t. by i3esds recorder! July 26, 1977, ~~; Traakxument tVo. 7734815, Arid July ~~, 1991, as I:rrs3CrurnCrzt No. 97.39679, r•wr~c:xci~ of Ada County, Idaho. Pa.~re 1 . JUG-09-1996 16 02 FP.OM STEWART TITLE-MAIN ST.OFF TO 93881201 P.04 • t7R[if:kt Nd.950S7077A JEI EXT3IBIT "h'r PARCEL Z }'l1Ui,1 'T'RUCK EFIN PARC'I3L ~11 par.Ciorr v*_ Eecl'iari 6, 'T'i,w~~Kliip 3 NarCll., .It3ngc 1 East, HoiRrw Meridian, Ada c:aanty, Idaho, and tttvL'a partj~ularly described as follc,wx ?3f;fC#iIVNINC; at L•he SouthweeL cazncr o:C said SecL-iw~ ~; t.kience North 00 degrees U~.'3U" Src~~t- 67.3 , tai) feet. alotic{ tkie Westerly boundary of Said Sec;:ivn 6 Lv ~ frotafi; C!aence Nortkt $$ dtgtees ! ~' OD" East x'75.68 fect to en iron pirr c~rr tk~e centerline of a ~litc~r, r.. rte REAL 1'UiNT OF H1;CINNTNC3; Cfieilca Nortki 35 cttgrees 01' 0?," Ea:~t: 67 , 59 f:ect alvuq the cenker- 7 i r,e of a dita$ to azx iron pin; tk~~ru: e North 00 degrees 39'02" Fagr. 4y_13 feet along the center- i nR of a ditch to era iron pin; t}•rr+.ri~:e along a curve to the Zeft 4.33 feet to an irari pin, said curve having a central angle of 7~ dpyrees 18'32", a tangent uL 7.5.9(T t2et and a tong chord of ~~..7.8 f'r'et baaxing North 36 degzEea 30'4° West; thence. North 37 degrees 53'00° Last 239.1 <<:et to a poi.nC on the approximdtw rentexline oY Fivc Mike Drain; t.l~ence South 5:~ degrees 50 ~ 27" East 791. , 25 LeeG a~.onq tnc approxitnake c:entprline of Five Mike Drain to a k„pint; tkzanae south 55 dcgx'ces 1G'46" Fa~i, 91.22 feet aiong the apprc,x.m.•.tte ~errterlins oi- Fivc Mike Drain I,.c~ a point; theses 8oul•.kr 98 degrees 1f^i't7g1~ West: 2Uy.u0 i:eet L-o ar: i.r.r,-~ pin; Lhenga ~~trfih $ir degxeea 15' Oq" Wesk ~! A , 00 feeC to an a.ron pa.n; tl~enc:e Nart}r 00 clc~yrrrs o~• 3U'~ wept ti10.6S fe=t ti, :-r point; thence souCk2 88 cieQrces 7.6' 00" WIYF1t 426. Bs feet to the FQIN'I' CaF BFC,tNNING . Pugs 2 T JUL-09-1996 16 02 FP,(JM 93881201 P.05 STE~JART TITLE-MAIN ST .OFF TO • E~II$I'I' li • FERMt?'TF,D UE`~]i EXCEFTIONS I . General Taxes for the year 199ti, a Lien but not yet due and payable. 7. The Land describers herein is located within tl7e bvundarles of the CITY Ul•' h'1:ERIDL4N (>38&-4433) and is sabj~:t tv any Assessments levied thereby. ,. The Land desrrlbed hexoin is Iacebcd~withla the bounrlari~ c.~f the NAIv1PA_ MERIDIAN Irri~ataon Ulstriet afld is subject to any Assessrnrnts levied thereby. 4. I;ascvrent, a~ui the Terms and Conditicas iheraof: 1n Favor of IN'£EItMOUIV Ct~IN GAb CUhSI'ANY Purpose GAS LINHS AND Il-IC;11?F.NTALFURPOSES Recurcis~ J[JNE 29,1973 Tnxfruninn[ Nv. 85Z3t13 5. F,uscmC~t, and the Tereus Hud Conditions theren#: In Fa~ror of CITY OF MERIDIANT, STATE Ul;' lDAHQ I'urpvsc SANITARY SEWER ANI~ 1NCII?ENTAL PURPnS1;4 Recorded MA.kCH 3,19'f$ Instrument N.,. 7810824 6. Easement, and the 1'crrns aad Canc3itionK tfrereof In Favor of INT~FIviOUNTAlA1 GAS GO]vIPANY I'utpose GAS L1NGS AND FNC3DIVN'fAL PURPOSES Recorded JUI.TIr 29, 1973 Instrument No. 781081.5 • 7, Easeineat, and the Terms ant! Conditions therc~,f: In Favor of PAU L ZATIC,A, alsn. knrnNU tts PAULSNp and E1~1 JEAN ZATICA. Purpose kl(iHT-OP•WAY ANL1 I1~TCIbENTAL PURI'Ur;1:,S Recorded APRIL $, 1982 Insn,.ugent No. 8214532 8. Agn-anent, and the Terms and Canditians contained tl~erc:in: I3ctweelr IiEARTLIIND h~Ik'+1tIDIAN CnMh~IER+CIAL I'ARTNBRS, s Minnesota lirnitcd gart>acrs[up and U.S. BANK OF IUAI'IO, N.A. Reconisxl MARCH 8,19yq .: Instrument No. 9402I293 Purpcne: RECIPROCI'lL ]sAbEiti'IENT 28398/LW94AIt.tXfC JUL-09-1996 16 03 FP.OM STEWART TILE-MAIt•d ST. OFF TO . • • 93881201 P.06 9. Easement, and the Terms and Corlditivns thereof In Favor of IDAHO POWER COMPANY Purpose UNDERGROUND l?aWER LAVES AND INCIDENTALS Recorded 11~tARCH 13,1995 lrastrument No. 95016754 14. Easement, and the terms and Conditions th+ereaf: In Favor of IDAHO POWER COMPANY Purpose UNDERGROUND BOWER LINES AND INCIl7ENTALS Recorded MARCH I3, I995 Instrument No. 95016755 11. Easement, and the terms and Conditions thereof In Favor of IDAHO POWER COMPANY Purpose UNDERGROUNDS P~}WE1Z LiN.E$ .ANA INCIL7ENTALS Recorded MARCH 13; 1995 Instrument No. 950I 6756 I2. F.ase~rents as disclosed by a Sun+ey,_ Purpose SANITARY SEWER, TRANSFORMERS, UNDERGROUND `I'QWER, GAS AND TELEPHfJNE, RIGHTS-OF-WA~t'' FOR IRRIGATION PIPES AND ST{3RM DRAINS Recorded MARCH 4, 1982 .AND .JULY 2Q, 1988 Instnmlent No. 58-822. CTM ENGIIV'EERING 13. Easement interest as to Parcel 2 dese~iiaecl herein, created by a document entitled "Right of Way" Cxrantar LEONARD W. E~TA3VS and DORIS B. EVANS, husband and wife, arld JAMES~.I~i. REES and ELEANQR V. REFS, husband and wife Grantee PAUL ZATICA and :ERMA JEAN ZATICA, husband and wife Dated JULY 17, 1973 Recorded JULY 21,1973 Instrument No. 855559 Purposes CONSTRUCTING-AND.OFERATING AN UNDERGROUND BRAIN TILE 14. Declaration of Restrictions as affects a leasehold interest for ALBERTS4N' S, INC., a Delaware Corporation and the I`13AH0 FIRST NATIONAL BANK, a National Banking Association, recorded FEBRUARY 26, 1988, as Instrument No. 8809219, wind re_rec~rded FEBRiJ'ARY 29,19$$, as Instrument No. 8549452, Official Records. 283981Lwa/oQ 1 I.DOC , JUL-09-1996 16 03 FROM STEWAP.T TITLE-MAIN ST. OFF TO • 15. Memorandum of Lease 93881201 P . 07 Lessor HEARTLAND ME~iIDIAN CQMMERCIAL PARTNERS, a Minnesota ~imited,parmerslup Lessee ALBERTSON'S, iIr1C., a Delaware corporation ~'erm 20 YEARS Dated MAY 20, 1988 Recorded JUNE 16, 1988 Instrument Nv. 8829392 Amendment to Shopping Center Lease Landlord HEARTLAND.MERIDIAN C4MME1tCtAi• PARTNERS, a Minnesota limited partnership Tenant ALBERTSC3N'S; TNC., a Delaware corporation Dated JULY 29, 1988 Recorded . aCTOBER 6, I9~8 Instrument No. 8849373 Memorandum of Second Amendmet to Shoppiag Center Lease bated JULY 21, 1994 Recorded DECEMBER 6, 1994 It~s'h~ument No. 94106300 16. Unrecorded Leaseholds, if any,. and the Rights of Vendors and Holders of Security Interests in personal grbgeriy.of Tenants to remove said personal property at the expiration of the Term. 17. Lease, and the terms and c~aditions thereof Lessor HEARTLAND MER:IL7IAN CDMMERCIAL PARTNERS Lessees RQBERT H.°R.EEVES, THOMAN E. SULLIVAN and D4NAL1] J. CANT"RELL NOTE: LESSEE'S INTEREST TN SAIDLEASE ASSIGNED TO SPUD SR., INC., an Idaho corporatiod Subordination, Non-Disturbance and Attvmmenk Agreement Between SPLJb SIL,INC., $n:Idaho corporation and WESTERN M+DItTGAGE LUAN CQRPORATION Dated AUGUST 2, I988 Recorded AUC:UST S, 1988. Instrument No. 883844T Regarding ROi'_TND TABLE PIZZA zs~~s~.w9~o} r.poc JUL-09-1996 16 03 FP,OM STEWART TI-LE-MAIN ST.OFF TO 93881201 18. Subordination, Non-Disturbance and Attvrnment Agreement Between COAST TO COAST' STORES (CENTRAL ORGANIZATION) INC. and WESTERN MORTGAGE LOAN CORPQRATIpN Dated JULY r2, 198$ Recorded AUGUST 5, 198$: Instrument No. 8838449 Regarding COAST TQ COAS'T' STORES I9. Subordination, Non-Disturbance and Attornraent Agreement Between STATE LIQUt'3R DISPENSARY OF IDAHO and WESTERN 1VIdRT~triG~ LOAN CORPORATION Dated JULY 13,198$' Recorded AUGUST 5,1988 Instmment Na. 8838450 Regarding STATE LIQUt7R DISPENSARY 20. Subordination, Non-I)isturbance.artdAtcomment Agreement Between DONNA JONBS-SEER and WESTERN Mt3RTGA,CE LDAN COR.PORATiON Dated JULY 13, 1988 Recorded AUGUST 5,1988 Instrument No. 8838453 Regarding NE~V BEGINNINGS 21. Subordinnttion, Non-Disturbance aad~.Attornrrtent Agreement Between H & V ENTERPT~SES. INC. and WESTERN MORTGAGE LOAN CORPORATIQN Dated lULY I5, I988 Recorded AUCsUST 5, 1988 P . 08 Instrument Na. 8838455 Regarding PREMIERE VIDBp 22. Lease, and the terms and coalitions thereof Lessor PAUL ZA.TICA. ~rtd• ERMA JEAN ZATiCA, It~ssband and wife Lessee PROVIDENT FEDERAL SAVINGS AND LOAN ASSOCIATION Term 20 YEARS $egins DATE 01~T WHICH TENANT l7PENS THE DEMISED PREMISES TO THE PUBLfC FOR BUSINESS Recorded FEBRUARY 12, 1981 Instrument No. 8146177 - 25398/LW0/uQi !.DOC ,JUL-09-1996 16 04 FP.OM STEWART TI-LE-MAIN ST.OFF TO .. ~ • Subordination, Nan-Disturbance and Attainment Agreement 93881201 P.09 Betw.-een PR4V1DEIdT FEDERAL SAVINGS & LOAN ASSQGIATION and WESTERN 1~riOR'TGAGE LOAN CORPORATION Dated 3ULY 18, 19$8 Retarded AUGUST 5, l9$$ Instrument No. 8838456 Regarding PRaVIDENTI~EDERAL SAVINGS 23. Subordination, Non-Disturbance and;A~ttorrnnent Agreement Betweea WRIGHT PATTERSON REAL ESTATE, an Idaho sale proprietorship and WESTERN M'OItTGAGE LOAN CORPORATION Dated JULY 15, I98S Retarded AUGUST 5. 1988 Instrument No. 8838457 Regarding WRIGHT-PATTERBON 24. Subordination, Non-Disturbance and Attarntnent Agreement Between WESTCO, tNC., an Idaho corporation and WESTERN M~RTGAGsE LOAM CQRPORATION Dated JULY 1$, 198$ Retarded AUGUST ~, 1988 Instrument No. $838458 Regarding WE5TC0, INC. 25. ANon-Disturbance and Attozame~ Agreerftent Between WESTERN MO1~TCitACxE LOAN CORPORATION, a t]tah corporation and ALBEIZTSON'S INC., a Delaware corporation Retarded AUGUST 5, 1988 Instrument No. 883846(} Regarding ALBERTSON'S 26. Consent and Subordination Agreement, atzd the Terms and Conditions contained therein: Between UNITED QF ia1WIAHA LIFE INSURANCE COMPANY and ALBERTSON'S, TNC., a.Deiaware corporation Recorded DEGEMBER.6, 1994 . Instrument No. 94I 46301 27, Easement for water line slang the Westerly acrd Southerly boundary of the real property as disclosed in that c~rtaixi ~Ifursaty Deed recorded January 10, 1977, as Instrument Na. 7701103, records afAda County, Idaho. 2s3ssrl,w~i~or!.noc . JUL-09-1956 16 04 FP.OM STELJART TITLE-MAIN ST.OFF TO ^ '' ~ ~ • 28. Easement, and the Terms and Conditions (hereof: In Favor of CITY c?F MEKIbIAN Propose SANITARY SEVt~ER ir:INE Recorded MARCH 2,1978 Instrument No. 7810824 29. Ea.Sernent, and the Terms and Conditions thereof In Favor of CITY OF MERIDIAN Purpose SANITARY SE`JVER LINE Recorded MARCH 2,1978 Instrument No. 781Q82S 93881201 P. 10 30. Easement< and the Terms and Conditions thereof In Favor of PACFL ZATICA atsa known as 1'AUL1N0 ZATICA and ERIv1A JEA1~F ZATICA, individuals Purpose INGRESS AND EGRESS Recorded APRIL 8, 19$Z Instrument No. 8211532 31. Easement, and the Terms aad Cvnditiorts contained therein: Bet~+een HEARTLAND MERIDIAN COMMERCIAL PARTNERS, a Minnesota limited partnership and ALBER"I'SOl~t'S, INC., a Delaware corporation Recorded DECEMBER 12,1995 I~hvment No. 95091423 Purpose INGRESS AND EGRrESS 32. Survey matters as disclosed by~the Survey prepared by Quadrant Consulting, Inc., dated April 22, 199& 28398/i.W°/i~0! I.DOC • July 1, 1996 PROPERTY DESCRIPTION A parcel of land located in the Southwest 1/4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the Southwest corner of said Section 6 which is marked by a brass cap thence running North 0°16'20" West 623.04 feet (formerly North 0°01'30" West 623.00 feet) along the westerly boundary of said Section 6 to a point; thence North 88°01'10" East 277.61 feet (formerly North 88°16'00" East 276.68 feet) along a line parallel with and 622.76 feet northerly (when measured at right angles) from the southerly boundary of said Section 6 to the POINT OF BEGINNING which is marked by a set 5/8" diameter rebar, thence North 16°14'01" East 66.42 feet (formerly North 16°01'02" East 62.69 feet) passing through a found iron pin and along the approximate centerline of a ditch to a found iron pin, thence North 0°43'44" East 49.09 feet (formerly NO°39'02" East 49.13 feet) along the approximate centerline of a ditch to a found iron pin, thence 44.39 feet (formerly 44.33 feet) along a curve to the left along the approximate centerline of said ditch to a found iron pin, said curve has a radius of 34.22 feet, a central angle of 74°19'40" (formerly 74°18'32") and a long chord which bears North 36°26'06" West 41.34 feet (formerly North 36°30'14" West 41.28 feet), thence North 37°37" 30" East 234.42 feet (formerly North 37°53'00" East 239.13 feet), to a point on the southerly boundary of LaPlaya Manor Estates Subdivision as recorded in Ada County records, said point falls in the Five Mile Drain ditch, thence South 53°05'16 East (formerly South 52°50'27" East) 791.25 feet along said southerly boundary of LaPlaya Manor Estates Subdivision to a point which falls in said Five Mile Drain ditch, thence South 65°31'35" East 91.10 feet (formerly South 65°16'46" East 91.22 feet) along said southerly boundary of LaPlaya Manor Estates Subdivision to a point which falls in said Five Mile Drain ditch, thence leaving said southerly boundary of LaPlaya Manor Estates Subdivision South 88°10'24" West 208.32 feet (formerly South 88°16'00" West 209.00 feet) to a found 1/2" diameter rebar, thence South 88°16'54" West 216.76 feet (formerly South 88°16'00" West 218.00 feet) to a found 1/2" diameter rebar, thence North 0°14'50" West 209.11 feet (formerly North 0°1'30" West 210.61 feet) along a line parallel with and 1698.72 feet westerly (when measured at right angles) from the easterly boundary of said SW 1/4 of Section 6, to a set 5/8" rebar, thence South 88°01'10" West 427.80 feet (formerly South 88°16'00" West 426.89 feet) along a line parallel with and 622.76 feet northerly (when measured at right angles) from the southerly boundary of said Section 6 to the POINT OF BEGINNING. Said parcel contains 3.54 acres, more or less. Ct\ l PROJEC'I~ 132'00\ZDESC. WPD • To: Shari Stiles, Planning Director/Zoning Administrator City of Meridian 33 East Idaho Meridian, Idaho 83642 Fax Number: • ^^ ^^ quadrant Consulting, Inc. Date: July 17, 1996 Project Number: 132-02 Project Name: Cherry Plaza (First Street Plaza) Regarding: Application for Annexation & Zoning PLEASE NOTIFY US IMMEDIATELY AT (208) 342-0091 IF THERE ARE ANY PROBLEMS RECEIVING THIS TRANSMISSION We Are Sending X Attached Facsimile Number of Pages Other These Are Transmitted: For Your Info/File As Requested For Review and Comment Other Copied To: Christopher J. Beeson Copies Description 1 Check in the amount of $462.24 1 Application for Annexation Approval & Zoning 1 Notarized letter from property owner 1 Warranty deed showing ownership 1 Legal description 1 Property owner's list 1 1 " =100' vicinity map 30 1 " = 300' vicinity map Comments Please mail us a receipt for the $462.24 to my attention. If you have any questions, please give me a call. ;ned: Ann Marie i 405 S. 8th Street, Ste, 295 • Bolse, ID 83702 Phone (208) 342-0091 • Fax (208) 342-0092 • Internet; quadrant®micron.net Civil Engineering Surveying Construction Management • FIRST STREET PLAZA • Property Owner's List June 26,1996 LaPlaya Manor Estates Subdivision TJN Development Company Pioneer Investment, Inc. 423 West 4th 214 Old Quarry Way Hanford, California 93230 Boise, Idaho 83704 Parcel No. 51106346832 Lots 1- 15, 19-21, 26-55, Block 1 Lots 1-4, 6-8, Block 2 Billings, Carmen R. and David Lot 1, 4-12, 14-16, Block 3 1317 West Foothill Bl#226 Upland, California 91786 Lawton Enterprises LC Parcel No. S 1106346625 207 Ranch Drive Eagle, Idaho 83616 Comba, Trudy Trust Lots 17-18, Block 1 Comba, Trudy Trustee Lots 2-3, Block 3 P. O. Box 699 Anahola, Hiwaii 96703 Gayle B. Allen Parcel No. S 110633196 3600 Americana Terrace Boise, Idaho 83706 Pifari, Ralph A. et al Lot 23, Block 1 P. O. Box 8354 Boise, Idaho 83707 Leighton Enterprises Parcel No. S 1106336086 620 Clearvue Drive Parcel No. 51106336020 Meridian, Idaho 83642 Lots 24-25, Block 1 Evans, Leonard W. and Doris B. 1970 North Meridian Road Koskela, Anna Meridian, Idaho 83642 1903 N. Iberis Avenue Parcel No. 51106336012 Meridian, Idaho 83642 Lot 5, Block 2 McFadden, G. Leonard and Cleora W. 615 W. Cherry Lane Tradewinds Building Co, Inc. Meridian, Idaho 83642 P. O. Box 1326 Parcel No. S 1201449705 Eagle, Idaho 83614 Lot 13, Block 3 U.S. Bank of Idaho Corporate Real Estate Miscellaneous Parcels Corporate Properties MO-3 Roetto, Kenneth A. and Linda M. P. O. Box 8837 6175 S. Ridgewood Road Portland, Oregon 97208 Nampa, Idaho 83687 Parcel No. S 1106336400 Parcel No. S 1106346540 Bodine, Marvin and Arlene Tel Car, Inc. P. O. Box 116 P. O. Box 414 Meridian, Idaho 83642 Meridian, Idaho 83642 Parcel No. S1106336530 Parcel No. Sl 106346750 Burrup, Jay 3200 W. Duck Alley Eagle, Idaho 83616 Parcel No. S1106336410 C:\ I PROJEC'Il l32'02\PROPOW NE NOTICE OF HEARING L.I NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on September 10, 1996, for the purpose of reviewing and considering the Application of Cherry Plaza Associates, for annexation and zoning of approximately 3.54 of land located in the SW 1/4 of Section 6, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located at the NE corner of Fairview and North Meridian Road. The Application requests a zone of C-C, Community Business District. Further, applicant requests Preliminary/Final Plat approval of the parcel of land above described for 4 commercial lots for First Street Plaza. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 21st day of August, 1996. WILLIAM G. BERG, JR., TY LERK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on December 17, 1996, for the purpose of reviewing and considering the Application of Cherry Plaza Associates, for annexation and zoning of approximately 3.54 of land located in the SW 1 /4 of Section 6, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located at the NE corner of Fairview and North Meridian Road. The Application requests a zone of C-C, Community Business District. Further, applicant requests Preliminary/Final Plat approval of the parcel of land above described for 4 commercial lots for First Street Plaza. A more particular legal description of the above properly is on file in the City Clerk's office -at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 27th day of November, 1996. ~~~~~ WILLIAM G. BERG, JR., C LERK VICINITY MAP - FIRST STREET PLAZA SUBDIVISION ~ T. s. O N m vJ N Q ~~ M~ ~ tl \~ ~~. W= _~ p0 n~ ,= U es q ~Z- y0 11~~~0 0>3t N U n ~<a z~ o~ xm Z~~. $ ~ 1 W >~ ~ W / 0 ®Y 0 0 0 I I I I ~ V R 1 1 I / ~,` / ~' ~h~P ~ ~ 5 / 6~ ~' ~' / / >> I~~ ~~ ~~~ ~ an / ~ / ~ / • ~~ ~ i~ ;~ ~ ~ /~~ , L ~~~ i~~~ ~~~~~ ~\J •~~~~ ~'~~`'k. 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I~ ~ I I 1 I I ~ el ~q//'Ii/, ~ I ~R~t9 ~ ~~~ % ~/ it ~ d7' I ~e,sma ~ _ ..,, R . I $~ - a i I I / 1 0 i F ~ ~I uo r/ I_1 " 'a I ~ ~~ I o $~~ $I F 1 4 N yI ~I ~.~p ,~I I ~ I Oy PI ~1 O T 1 I I ~ ~~ ~I 1 +. I-I h ~ I # I .es. I ~s bV EA ~ ~~ n+cs ,sarcl ~ez.9aooN 9Y•err M.~a~n~oN ~~ ~^"------ - --_----- 3„wuas_ lcwre ..oisloo.__ ------- \+~ 'll'B '153N l '3• N ~, ~j.l.~r` ~ _ ~ _ .00~06Y M.~~ • ~ 7.ma add- OYON NYf0INH11 Hl NON - ! ~ oRnINANC~ ao. 74-9 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAZ PROPERTY WHICH IS DESCRIBED AS THE SOUTHWEST 1/4 OF SECTION 6 TOWNSHIP 3 NORTH, RANGE 1 COUNTY IDAHO; AND PROVIDING AN EFFECTIVE DATE DIAN, MERIDIAN, gyp, WHEREAS, the City Council and the Mayor of the Cit Meridian, Idaho, have concluded that it is in the best interes of said City to annex to the said City real pro ert t of described in Section 1 below: p Y which is NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A parcel of land located in the Southwest 1/4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the Southwest .,corner of said Section 6 which is marked by a brass cap thence running North 0°16'20" West 623.04 feet (formerly North 0°01'30" West 623.00 feet) along the westerly boundary of said Section 6 to a point; thence North 88°01'10" East 277.61 feet (formerly North 88°16'00" East 276. parallel with and 622.76 feet northerly (when measured at right angles) from the southerly boundary of said Section 6 to the POINT OF BEGINNING which is marked by a set 5/8" diameter rebar, thence North 16°14'01" East 66.42 feet (formerly North 16°01'0.2" East 62.69 feet) passing through a found iron pin and along the approximate centerline of a ditch to a found iron pin, thence North 0°43'44" East 49.09 feet (formerl N 0° ~ ~~ o `~ ~ 7 ~ ~ u 49.13 feet) alon t Y 39 02 Easi~'G~ to a found iron pinhethencox~te centerline of a ditch ~ _ e _ _ _ . , L _. -. 44.39 feet ( formerly 44.33 feet ) along a curve to ~ie~~ .; ; ~. _~ left along the approximate centerline of said ditch to a found iron pin, said curve has a radius of 34. central angle of 74°19'40" ° ~ 22 feet, a ~g7Jjq,V30 y} (formerly 74 18 32 ) .~~d ~;~ ~;j ~'`I ORDINANCE - CHERRY PLAZA ASSOCIATES __ 07~ dO • • long chord which bears North 36°26'06" West 41.34 feet (formerly North 36°30'14" West 41.28 feet), thence North 37°37'30" East 234.42 feet (formerly North 37°53'00" East 239.13 feet), to a point on the southerly boundary of LaPlaya Manor Estates Subdivision as recorded in Ada County records, said point falls in the Five Mile Drain ditch, thence South 53°05'16" East (formerly South 52°50'27" East) 791.25 feet along staid southerly bounds Manor Estates Subdivision to a point which falls inPsaid Five Mile Drain ditch, thence South 65°31'35" East 91.10 feet (formerly South 65°16'46" East 91.22 feet) along said southerly boundary of LaPlaya Manor Estates Subdivision to a point which falls in said Five Mile Drain ditch, thence leaving said southerly boundary of LaPlaya Manor Estates Subdivision South 88°10'24" West 208.32 feet (formerly South 88°16'00" West 209.00 feet) to a found 1/2" diameter rebar, thence South 88°lfi'S4" West 216.76 feet (formerly South 88°16'00" West 218.00 feet) to a found 1/2" diameter rebar, thence North 0°14'50" West 209.11 feet (formerly North 0°1'30" West 210.61 feet) along a line parallel with and 1698.72 feet westerly (when measured at right angles) from the easterly boundary of said SW 1/4 of Section 6, to a set 5/8" rebar, thence South 88°01'10" West 427.80 feet (formerly South 88°16'00" West 426.89 feet) along a line parallel with and 622.76 feet northerly (when measured at right angles) from the southerly boundary of said Section 6 to the POINT OF BEGINNING. is hereby annexed to the City of Meridian, and shall be zoned COMMUNITY BUSINESS DISTRICT (C-C); that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning; that the Applicant shall pay any impact development fee or transfer fee adopted by the City of ORDINANCE - CgERRY PLAZA ASSOCIATES Page 2 • • ' Meridian as a condition of annexation and if not paid the shall be de-annexed. land Section 2. .That the p p y ro ert shall be subject to de- annexation if the owner shall not meet the following requirement a• That the p~ s: pplicant will be required to connect to Meridian water and sewer. b• That the development of the property shall be sub' and controlled by the Subdivision and ]ect to Ordinance and the Meridian Comprehensive Plan eadopted January 4, 1994. c• That the development shall be aesthetically maint ' and meet all required setbacks. ained d. That, as a condition of annexation, the Applicant sha enter into a development agreement as authorized b 11 416 L and 11-2-417 D; that the development agreement shall address the following, among other items: 1• Inclusion into the development of the requirements of 11-9-605 of the Revised and Compiled Ordinances of the City of Meridian, including Sections C, Pedestrian Walkways, G 1, Plantin Lineal Open Space Corridors, and L, Pedestr an and' Bike Path Ways. 2• Payment by the A assigns, heirsPPlicant, or if required, any representatives ~ executors or personal or transfer fees °f any impact, development, adopted by the City. 3• Addressing the subdivision access linkage, screening, buffering, transitional. land traffic study and recreation services. uses, 4 • An impact fee to help acquire a future school or park sites to serve the area. 5• An impact fee, or fees, for park, police, and fire services as determined by the city. 6• Appropriate berming and landscaping. ~• Submission and approval of any required plats. 8• Harmonizing and integrating the site improvements with any existing residential development. ORDINANCE - CHERRY PLAZA A33OCIATES Page 3 9 The sewer and water requirements. 10. Traffic plans and access into and out of the development. 11. And any other items deemed necessa Staff, including design review of all developmenty and conditional use processing as required under the Meridian Comprehensive Plan. e• That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which ertains development time schedules and re P to quirements. f• That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. g• That if these conditions of approval are not met the property shall be subject to de-annexation. h• Meet the requirements and conditions of the Findi Fact and Conclusions of Law, and meet the Ordinances of the City of Meridian. Section 3. That if the Applicant shall fail to meet the above conditions the property shall be subject to de-annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. Section 4 . That the City Clerk shall cause one (1) co the legal description, and ma PY of p, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. ORDINANCE - CHERRY PLAZA ASSOCIATES Page 4 C~ PASSED, by the City Council and approved by the Mayor of Cit of Meridian Ada Count the y ' y, Idaho, this ~ 1 5`f day of January, 1997. APPROVED; R -- ROBERT D. CORRIE ATTEST WILLIAM G. BERG, JR. STATE OF IDAHO,) County of Ada, ~ $$~ ``~~,~IU111l~p1Ntr,, ~~ ~` ~.~T~ rL ~, s ~` ~ITg ~ ~ $BAI, ~ a 1~ I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian Ada County, Idaho, do hereby certify that the above and fore oin~ is a true, full and correct copy of an Ordinance entitled 9 ORDINANCE OF THE CITY OF MERIDIAN "AN PROPERTY WHICH IS DESCRIBED AS T 8N SOUTHWEST 210/4 NOF SECT O N( TOWNSHIP 3 NORTH RANGE 1 COUNTY IDAHO• ~ SST. BOISE MERIDIAN ' AND PROVIDING AN EFFECTIVE DATE ~~ ' MERIDIAN, ADpj No.~_~ by the City Council. and Mayor of the City of Meridians on the 2 / ~!- day of Janua office. rY. 1997, as the same appears in my DATED this ~~ ~~1 ```,``,'~''~'~~~uarY, 19 9 7 . ~!(~ ~i I ~ ~ f S~~L fit ,' y Clerk, ~ City o;#r' Meridian = ' ~ Aida County, Idaho $ ~Q, ,`~. ORDINANCE -CHERRY P~fL`~2~~~n'n.,h1:~:.~..s.. Page 5 • STATE OF IDAHO,) ss. County of Ada, ) On this ~2l sfday of January, 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing 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. SEAL ~`~~ ~OT A~~,~'°`~`P '- it ~:. •° ~J S `,L %~ o ; .. ~ CIiY~ Notary Public for Idaho Resid'ng at Meridian, Ida My C fission Expires d8 Oz ORDINANCE - CHERRY PLAZA ASSOCIATES page 6 ~.Oc • ih~ - I auouwl5~ N ~~ , ~' ~' ~! ~ `~~~ ~ ~~ ~ ` ~~ `.\ ~~ . ~ `~~. ~~ `~ \. .~ .~ ~~ ~ ~ Q4 h4 i l ~ ~ ~~' ~ ! ~ !} ~ s rfj • ~ ~ ~' ~ ~M ~.r1~.r f:,~~w !~ a~-~s ~ ' a ~ ~ ~ ~ ~~- . ~, . / r tom: { } ~ ~~AA N. 0'4344 "E. ~ ~, ~ ~ ~J ~~~~~~ -~ It, 04 ~i,~Q ~ •A O N kortly ~ ~-N.1`' 14'oI"f . GG.~t ~ s. ~6~ j. :~''~' 'III 4/.e~~'E. 3~ ~ i ~~a ~ ~~~~- o ~~ ~ •~ • 3cafe. 1 = ~ ~ 2 ;, n ~!~I~ I I I I II ~~: ;~ _~ Ads ~etet~-alrBnot b~ fi6b i6r iao~ a ~L~..~ J V ~~ U~~ ~~II~~ ~~~ Meridian City Council January 7, 1997 Page 9 Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, to approve the final plat subject to the conditions as stated in the motion, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: PUBLIC HEARING CONTINUED FROM DECEMBER 17, 1996: REQUEST FOR ANNEXATION AND ZONING TO C-C BY CHERRY PLAZA ASSOCIATES: Corrie: At this time I will open the public hearing and invite the representative from Cherry Plaza Associates to come forward. Steve Sweet, 405 S. 8t'' Street, Boise, was sworn by the City Attorney. Sweet: Mayor and members of the Council, we are following up on a plat that we originally brought before the City Council on March 5, 1996 where we talked about a resubdivision of the Cheny Plaza property at First and Meridian and Fairview, pardon me. The Council endorsed a resubdivision which proceeded on May and, and was consummated on May 3`d, the site was resubdivided. With the resubdivision, Albertson's has purchased a parcel. I am before you tonight representing Cherry Plaza Associates and Albertson's in this request. We have proceeded with the application for annexation and zoning which we have here before you tonight, staff has made recommendations of conditions of approval, findings of fact and conclusions of law. have handed to the Mayor and City Attomey a copy of some house keeping items we would like to see made to the annexation and zoning findings of fact and conclusions. The items which there are a number of items marked, staff has received a copy. of this I believe previously. What we would like to bring to the attention of the Council is that the Highway District since we have been through this process have come up with final conditions. We would like to see on page 6, condition 19 where the Highway District has submitted draft conditions that the Highway District has submitted final conditions and we would like to see the appropriate portions of the Highway Districts final conditions incorporated in the findings of fad and conclusions of law. Pardon me Walt that is the correspondence I gave to Council it is dated 12-27. Another item we would like for clarification is on item 16, page 13, states that all ditches, canals and waterways should be tiled and we would like to go on the record that we understand this excepts the Five Mile Drain which is shown as a watenNay to be left open in the City of Meridian. We are operating under the impression that waterway will not be tiled. There are a couple of other minor points on here of what we would like to do, is request the City Council to direct the City Attorney to look at our request and make the appropriate changes to these conditions to reflect what wee believe are the true conditions. With that we would also request Council approve the annexation and zoning for this 12.6 acre parcel. I would be pleased to stand for questions. Meridian City Council January 7, 1997 Page 10 Bentley: Mr. Mayor, Steve you and I spoke out on the site concerning reconfiguring the parking lot, is that going to be taken care of? Sweet: Yes it is, before Planning and Zoning we have presented a number of changes we would make to the site. We are looking at an entryway, I can show you the overhead that was introduced and in the City record. Actually that is modified to some extent. What we will be doing, the primary concern as I understand it is that at First Street we have quite a bit of confusion with the traffic trying to leave the site at the stop light. We have talked to the Highway District. about reconfiguring the light sequence. We are working with staff on extending an island in to minimize the conflict that is occurring at that intersection. I think staff may be able to talk to that. Our intention is to, while this site is under parked, we acknowledge that we do not want to lose any more site, any more parking areas. The Highway District has requested a 12 foot strip off of the front, we are working toward reconfiguring our parking and keeping the same number of parking spaces but also Councilman Bentley's concern about the traffic is revising that area and putting in parking islands and turn restriction islands. Corrie: Any further questions of Council? Sweet: In conclusion we request your favorable motion and (inaudible) thank you. Corrie: Is there anyone else from the public that would like to enter testimony on this Cherry Plaza annexation and zoning? Hearing none, Council, discussion or questions? Hearing none I will close the public hearing. Morrow. Mr. Mayor, in light of the issues that Mr. Sweet brought up with respect to amending the findings of fact and conclusions, I guess my question would be is, I think those are small enough that we could do them just request the attorney to, from my perspective amend the current findings of fact and conclusions and allow them to proceed forward. I don't have a problem with that {would like to hear discussion from the other guys. Rountree: I virould just like to get some assurance from staff that their issues have been addressed. Morrow: I agree with that. Shari and Gary, your input on this project with reject to all issues, the findings, the staff recommendations? Smith: I don't think we have any concerns as ~ as the applicant is willing to abide by the staff recommendations and I believe they are. Bentley: Mr. Mayor, I have a question for Shari, since ACHD has changed their approach to what they need to do, does this affect your landscaping plans? Meridian City Council ' ~ January 7, 1997 Page 11 Stiles: I haven't seen any landscaping plans, I don't .know what they are proposing to do. That was one of my comments is that they were to submit detailed landscaping plans prior to signature on the plat. Morrow: Mr. Mayor, I would move that we approve the findings of fact and conclusions of law for the annexation and zoning to C-G by Cherry Plaza Associates subject to the amendments that we have discussed tonight and subject to meeting all of staff conditions. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that we approve the findings of fact and conclusions of law as amended subject to all the amendments and the conditions of staff, any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Morrow. Mr. Mayor, I would move we instruct the City Attorney to prepare and annexation ordinance for Cherry Plaza and Associates. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to instruct the City Attorney to draw up an annexation ordinance, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: PUBLIC HEARING: REQUEST FOR PRELIMINARY/FINAL LAT FOR FIRST STREET PLAZA BY CHERRY PLAZA ASSOCIATES: Corrie: I will open the public hearing at this time and invite the representative of the Cherry Plaza Associates. Steve Sweet,, 405 S. 8"' Street, Boise, was sworn by the City Attorney. Sweet: Mayor and members of the Council, same project. We have been through the resubdivision that staff has put out a letter dated September 11; 1996 with conditions for the preliminary and final plat. Conditions 1 through 10, item 10 on the conditions was respond in writing to each of the comments contained in the memorandum and submit to the City. That letter was submitted on October 7 that Ms. Shari Stiles where we respond to each of the ten conditions. One of the conditions that wras placed was a r~ u n LJ MERIDIAN CITY COUNCIL MEETING: January 7,1997 APPLICANT: Cherry Plaza Associates ITEM NUMBER; 5 8 6 REQUEST: Request for rezone and Preliminarv/final plat for First Street Plaza AGENCY COMMENTS CITY CLERK: CITY ENGINEER: ~~ CITY PLANNING DIRECTOR: ~ ~~ ~'~ ~,,,y~ CITY ATTORNEY: ~, C l ~ 1 ' ~~J L ,~ CITY POLICE DEPT: ~l -~ ~ r"~~ ~ l /.~ p CITY FIRE DEPT: P ,~ ~ ~ ~~ 7" CITY BUILDING DEPT: (NP~ p ~, MERIDIAN SCHOOL DISTRICT: G~~ MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ~~ ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: l ~'m~ ~ ~~~~~ PIIa ~~~ ~i ~ ~`~ a'~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. oc~no SHERRY R. HUGER, President SUSAN S. EASTLAKE, Vice President JAMES E. BRUCE, Secretary ~ .~~~ December 20, 1996 TO: Christopher Beeson PO Box 2700 Boise ID 83702 FROM: Karen Gallagher, Coordinator Development Services Division SUBJECT: Preliminary Plat-FIRST STREET PLAZA MA-3-96 Meridian and Fairview On December 18, 1996, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of--way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 ~ ~ December 20, 1996 Page 2-- - _ _ _ --- - - 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights-of--Way Trust Find deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for orie year. An extension of one year will be considered by the Commission if requested within 15-days prior to the expiration date. Please contact me at 345-7680, should you have any questions. KG cc: Development Services Chron John Edney Chuck Rinaldi City of Meridian Quadrant Consulting/S Sweet ADA ~OUNTY HIGHWAY DI RIOT Development Services Division Development Application Report Preliminary Plat & Annexation -First Street Plaza/MPP-14-96/MA-3-96 First Street Plaza is a 4-lot commercial subdivision on 12.6 total acres. The applicant is also requesting annexation of 3.54-acres with a change of zoning designation from RT to C-G. The site is located on the northeast corner of Fairview Avenue and Meridian Road. Assuming complete commercial development, the 3.54-acre annexation parcel is estimated to generate 2,380 additional (8,820 total) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. However, the applicant is proposing no new development with this application. 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SZ'f L i ~r br~~ er ? 3„9Z.90.OON ~- w ~ .M M o ti w. oc„ . a ~ ~ ,Nn r.ou~3s -~ g ,L~"8b9Z M, - o~ _ ~ ` o us - _ o ~ M _~S. C 5.005 "- - - `~ Q ~Nl?d31N30 ObOb ~ NI lr`110d 379Nt~ =~ ' c _~« c-= _~= ' C~ : ' C'N I 1-i~~CNCC ~NCcC~hC! (I~O~I ~~IQI~~T~ .J.'OT '~.~S L-G~-1JO • i Facts and Findings: A. General Information Owner -Cherry Plaza Associates, LLC Applicant -Christopher J. Beeson RT -Existing zoning C-C -Requested zoning 12.60 -Acres total, including the 3.54-acres requested for annexation 4 -Commercial lots n/a -Square feet of existing building 264 -Traffic Analysis Zone (TAZ) West Ada County -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Fairview Avenue Principal arterial with bike route designation Traffic count 18,966 on 6/16/93 650-feet of frontage 80 to 100-feet existing right-of--way (40-feet north of section line) 95-feet required right-of--way for an additional lane (53-feet north of section line) Fairview Avenue is improved with five lanes with curb, gutter and sidewalk. Meridian Road Minor arterial with bike lane designation Traffic count 13,655 on 9/20/93 585-feet of frontage 50 to 80-feet existing right-of--way (40-feet east of section line for approximately 60-feet at Fairview Avenue, tapering to 36-feet at the north boundary of the site) 90-feet required right-of--way fora 5-lane constrained corridor (45-feet from centerline) Meridian Road is improved with five lanes with curb at the intersection, gutter and sidewalk tapering to three lanes at the north boundary of this site. The centerline of Meridian Road is currently offset approximately 15-feet to the west of the section line abutting the majority of the site. B. The existing commercial development does not meet Meridian's required amount of parking spaces. Staff is recommending that additional right-of--way be dedicated on Fairview Avenue, which may eliminate parking spaces when the streets are widened in the future. The City of Meridian is requiring the applicant to provide landscaping as a condition of the subdivision approval. There will be no additional trips generated as a result of the approval of this application. FIRSTSTR. WPD Page 2 C. Eventually, additional right-of--way will be required on Fairview Avenue between E. 1st Street and iVleridian Road for an additioriai lane t~ accommodate the traffic that will be diverted from southbound E. 1st Street when a couplet is implemented in Meridian. If the right-of--way for that additional lane is acquired at this time, ~ the City requires the amount of landscaping that staff understands they will, the site may lose a row of parking. The site does not have sufficient parking now, according to the applicant. If the right-of--way is not acquired at this time, then the District will have to acquire it in the future it has been encumbered with landscaping and the parking lot has been redesigned to accept the landscaping. The cost will be greater to both the District and the site owner at that time. Staff is recommending that the minimum acceptable amount of additional right-of--way (12- feet) be dedicated at this time because: 1. The cost to the public will be less if the right-of--way is acquired now, and it will nat be necessary to relocate/remove landscaping. 2. The applicant can rely on the shape and dimensions of the parking lot remaining constant. 3. Until the streets are widened, parking spaces in the new right-of--way could continue to be used through a license agreement with the District. 4. The required landscaping could be located outside of the new right-of--way, and would not have to be relocated when the streets are widened. D. The Meridian Road frontage is entirely improved from a project the District constructed in 1992, although it may have to be widened in the future. Staff is recommending that a constrained corridor width on Meridian Road be used due to the location of a below grade docking ramp for the Albertson's store on the west side of the building that would be very expensive to relocate. The near corner of the docking ramp is 8 to 10-feet from the current right-of--way line. The parcel at the northwest corner of Meridian Road and Fairview Avenue is currently undeveloped and the current centerline is offset 15-feet west of section line in this area. In view of the complicating factors and the unknown timing of any expansion of Meridian Road, staff recommends that no additional right-of--way be acquired along Meridian Road abutting the subject site at this time. If right-of--way and roadway widening is required in the future, the ramp can be acquired and/or relocated at that time, or the roadway can be shifted further to the west to avoid this major expense. E. There are five existing driveways to the site -three on Meridian Road and two on Fairview Avenue. Two of the driveways closest to the Meridian Road/Fairview Avenue intersection do not meet District policy, which requires 220-foot of separation from the nearest cross street. F. The driveway on Meridian Road located 154-feet north of the Fairview Avenue/Meridian Road intersection does not meet District's requirements. Staff recommends a variance to allow the use of the existing driveway, provided its use is restricted to right turns only. Because the driveway was allowed and constructed by the District as a part of the 1992 FIRSTSTR. WPD Page 3 . • • improvement, and because there is no land use change or additional traffic to be generated as - - a resuhzsf this- application, the-District should construct a 6-inch-raised median in Meridian - Road from the Fairview Avenue/Meridian Road intersection to a point 50-feet beyond the northern edge of the driveway to ensure the control of the driveway to right-turns only. The cost of this median is estimated at $1,900. G. There is a driveway on Fairview Avenue, located 157-feet east of Meridian Road. This driveway does not meet District's requirements. Staff recommends a variance to allow the use of this existing driveway provided its use is restricted to right turns only. Because the applicant recently constructed extensive improvements to Fairview Avenue allowing the subject driveway, staff recommends that the District construct a 6-inch raised median in the center of Fairview Avenue, from the Meridian Road stop bar to the western end of the existing median to prohibit left turns. The cost of this median is estimated at $1,600. H. District policy states that direct access to arterials and collectors is normally restricted and that the developer shall try to use combined access points. In accordance with District policy the applicant should be required to provide a recorded cross access easement for the parcel to the east (if not previously provided) and all internal lots to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). The District intends to require a similar agreement of the owners of the parcel to the east if they are the subject of a future development application. I. District policy requires the applicant to construct a pedestrian ramp at the northeast corner of Fairview Avenue and Meridian Road. Because the application does not propose a change of land use or any additional traffic, and because the applicant and the District separately recently constructed extensive improvements to Fairview Avenue and Meridian Road, using ADA standards in effect at the time, staff recommends that the ramps in place be allowed to remain until the District sponsors a project to improve Fairview Avenue. J. There is asub-standard pedestrian ramp located at the northwest corner of Fairview Avenue and E. 1st Street (on the west site of the signalized entrance to the mall area) that is in conflict with an existing utility pole and utility box. Because the application does not propose a change of land use or any additional traffic, and because the applicant and the District separately recently constructed extensive improvements to Fairview Avenue and Meridian Road, using ADA standards in effect at the time, staff recommends that the ramps in place be allowed to remain until the District sponsors a project to improve Fairview Avenue. K. There is a curb cut driveway on Meridian Road located approximately 554-feet north of Fairview Avenue. It would speed the flow of traffic out of Meridian Road into the site and improve safety if the applicant would replace the curb cut driveway on Meridian Road with a 30-foot wide curb return driveway with 15-foot curb radii. Because there is no change of land use nor increased traffic proposed with this application, staff recommends that the applicant n~.l be required to reconstruct this driveway at this time. FIRSTSTR. WPD Page 4 • L. The curb return driveway on Meridian Road, located 354-feet north of Fairview Avenue, meets District policy:. _ - - - M. ACHD's Park & Ride Division staff have indicated the need for a park and ride location at the applicant's site. The District requests that applicant grant the District an easement for a 10 to 12-space Park & Ride area at this site. Coordinate the location with District Ride Share staff (345-POOL). N. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. O. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following requirements are provided as conditions for approval: Special Requests of the Applicant: 1. The applicant has indicated that parking at this site is limited. District Rideshare staff has indicated a flexibility in the location of the easement (i.e., behind the building in the vacant lot) for a park and ride site. The District would be very appreciative if the applicant granted the District an easement fora 10 to 12-space Park & Ride area. Coordinate the location with District Ride Share (345-POOL). 2. Reconstruct the existing driveway on Meridian Road located 554-feet north of Fairview Avenue to a curb return driveway with 15-foot curb radii. Site Specific Requirements: 1. Dedicate 52-feet of right-of--way north of the section line of Fairview Avenue abutting the parcel (12 additional feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for this additional right-of--way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of--way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 2. Provide a recorded cross access easement for the parcel to the east (if not previously provided) and all internal lots for access to the public streets prior to issuance of a building permit (or other required permits). The District intends to require a similar agreement of the owners of the parcel to the east and the internal lots if they are the subject of a future development application. FIRSTSTR.WPD Page 5 • . 3. Restrict the curb return driveway on Meridian Road, located approximately 154-feet north of Fairview~lvenue; to-right turns only. Coordinate appropriate on-site signage with-District- -- -- Staff. The District will construct a median in Meridian Road to prevent left-turns into and out of the driveway at the time that it is warranted, as determined by District staff. 4. Restrict the driveway on Fairview Avenue located approximately 157-feet east of Meridian Road to right turns only with appropriate signage. Coordinate appropriate on-site signage with District staff. The District will construct a median in Fairview Avenue to prevent left- turns into and out of the driveway at the time that it is warranted, as determined by District staff. 5. The curb return driveway on Meridian Road, located 354-feet north of Fairview Avenue, and the curb return driveway located at the intersection of E. 1st Street and. Fairview .Avenue are approved as shown. 6. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Development Services Supervisor. The request shall ~necifically id n i each r~uirement to be reco~idered and include a written explanation of ,~,y guch a requirement wniilc~ rPSLIt in a sLhsLantial harc~shi~ or inequ~. The written rggl1est shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically id nti each requirement to be reconsidered and include written documentation of data that wac not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. FIRSTSTR. WPD Page 6 • • 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also-known as Ada County Highway District Raad-Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Development Services Staff FIRSTSTR.WPD Page 7 To: y~'rA-rte E~-~t_ERT C ~ 'T'om; pr ~ ~~2~ O ~ ~ - 1'~..At~N-til.~ 33 E 1~~~ M~~~,~ rJ1~ &364Z_ F~rNumber: SS~• ¢433 PLEASE NOTIFY US IMMEDIATELY AT (208) 342-0091 IF THERE ARE ANY PROBLEMS RECEIVING THIS '1vRANSMISSION {~ce~~e~ ~-7--9'7 ^^ Quadrant Consulting, Inc. Date: 12.I 2-7 ~ 9 6 Project Number: l 3 Z-- y Z Project Name: ~ 1~~'R~t~ (~~~~.~, ~.~TT~Nc Regarding: ~•t,,,0i'~.-C,S o~ ~c~ f Cu~c.w5 roNJ ~ ~' L Aw We Are Sending These Are Transmitted: Attached For Your Info/File Facsimile As Requested Z~ Iyumber of Pages For Review and Comment Other Other Copied To: , C ,.l . g ~=ti~~ - C t-+~aaY C~r~~ (ass~c, ~.1, C,z.co ~srou G t -r,- o.= M ~~t~ o t an..t I ~'-3o w . 5 -r nr-r~- rr ~.o~~-..t to es6eo ^opies Sae,-4a6i Description ~1 N O I N t~,S C ov~~ C ~..~ I v.~ ~. ~~ t$ l 1 {~- R-P P R.o~r ~ C~ O t ~'- ati.~S Kl P ~P- - 9 6 -" 9 6 Comments 14 P4 -ZPc; D~-~H - 1~cs w~ o~sc.uss~~~•ta~ ~1-~-~Ds r~(>PtL.~.tm ~ot•n~s FM. 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Signed ~~ SuJ6c~' , 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 i NO. c nrT e5 A D kCrr` ~' ~ ~ •~ ~ m m ur~3'S , i~ P ~c ~ ~ aF . • ~ P pro6S BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION ;; ,~ v , ' CHERRY PLAZA ASSOCIATES, LLC ANNERATION AND ZONING Aa/~~~ NORTHEAST CORNER OF FAIRVIEW AND NORTH MERIDIAN ROAD MERIDIAN. IDAHO FINDINGS OF FACT AND`CONCLUSIONS OF LAW The above entitled matter having'~come on for public hearing September 16, 1996, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and was continued to October 8, 1996,'and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant, Christopher J. Beeson, appearing in person, on October 8, 1996, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. That a notice of a public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for.:September 16, 1996 and continued to October 8, 1996, the first publication of which was .fifteen (15 ) days prior to said hearing; that the matter was duly considered at the September 16, 1996, hearing ands,continued to October 8, 1996; that the public was given full opportunity to express comments and submit- evidence; and that copies of all notices were available to newspaper, radio and television stations. FINDINGS OF FACT AI1D CONCLUSIONS OF LAW/CHERRY PLAZA Page 1 (CD ~ZV~.t ~+ mss": "~ -~s ~ n.,+o 1 S PART iw ( 9 Ac.~ a-.+D PAtt.T eat ~3. S Act o I+i' c~T`f .~ 2. That ~s property is located withi~he City of Meridian Ar¢a. o~ ~mpa.G~- ~ and the titled owner is Cherry Plaza Associates, LLC, which has consented'to the annexation and zoning of the property; the property is described in the application which description is incorporated herein; that the property is approximately 3.5 acres, and except for a small paved area, the site is currently undeveloped and presently zoned RT (Ada County - Rural Transition). 3. The proposed site is located south of LaPlaya Subdivision, which is in an R-8 zoning district, and north of Cherry Plaza and the U. S. Bank parcel; that the Applicant requests that the proposed site be annexed into the City and zoned Community Business District (C-C), and the application is not at the request of the City of Meridian; that the zoning is consistent with the ~a~.~r1l12w A+VE-1v¢, adjacent Cherry Plaza property and the frontage property on ~ ,~ ~, which it borders; that at present time, no specific plans to develop the site have been prepared. 4. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian; that the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian: Comprehensive Plan. 6. That the following pertinent statements are made in the Meridian Comprehensive Plan: A. Under ECONOMIC DEVELOPMENT, Economic Development Goal Statement 1.3 The character, site improvements and type of new FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Fsge 2 ~nmercial or industrial de opments should be harmonized with the natural en~ronment and respect the unique needs and features of each area. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. B. Under LAND USE 5. MIXED-PLANNED USE DEVELOPMENT, Page 27 Mixed-use Area at Locust Grove Road and Fairview Avenue Plus Area North of Fairview Avenue. These areas are within Ada County, but nearly surrounded by the City of Meridian. The area is characterized by large rural lots, and a sparse development pattern. In order to stimulate planned development in these areas, the following policies apply: a. 5.16U All development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. b. 5.17U A variety of coordinated, planned and compatible land uses are desirable for this area, including low-to-high density residential, office, light industrial and commercial land uses. c. 5.18U Existing residential propertses will be protected from incompatible land use development in this area. Screening and buffers will be incorporated into all development requests in this area. C. Under COMMUNITY DESIGN, at Page 72 ?. Entryway Corridors 4. Fairview Avenue (East entrance). 2. Entrance Corridors Goal Statement - Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian. 3. Entrance Corridors Goal Statement Policies, Page 71 FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 3 . • 4.3U Use the Comprehens~ Plan, subdivision regulations, and zoning o discourage strip. development and encourage clustered, • landscaped business development on entrance corridors. b. 4.4U Encourage 35-foot landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 4. Neighborhood Identify Goal Policies, Page 72 a. 6.4U Limit the conversion of predominantly residential neighborhoods to nonresidential uses, and require effective buffers and mitigation measures through conditional use permits when appropriate nonresidential uses are proposed. 7. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states that land in agricultural activity should so remain in agricultural activity until urban services (municipal sewer and water facilities) can be provided. 8. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states as follows: "Existing rural residential land uses and farms/ranches shall be buffered from urban development expanding into rural areas by innovative land use planning techniques." 9. That the property could be physically serviced with City water and sewer. 10. That the C-C District is described in the Zoning Ordinance, 11-2-408 B. 9. as follows: (C-C1 Community Business_._District: The purpose of the (C-C) District is to permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate off- street parking facilities, and associated site FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 4 ameni~s to serve area res~nts and employees; to prohibit strip ommercial development and encourage the clustering of commercial enterprises. All such districts shall rave direct access to a transportation arterial and collector and be connected to the Municipal Water and Sever systems of the City of Meridian. 11. That the property has access to Fairview Avenue which is a major arterial. 12. That Section 11-9-605 C states as follows: ."Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 13. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the. view from residential properties. Such screening shall be a minimum of twenty feet (20' ) wide, and shall not be a part of the normal street right of way or utility easement." 14. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 15. .That Section 11-9-605 L states as follows: "Bicycle and pedestrian pathways :.hall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle-Pedestrian DesicLn Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." 16. That the Planning & Zoning Administrator, Shari Stiles, FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 5 and the Assistan~o the City Engineer, Bruce ~ckleton, submitted comments and they are as follows: 1. The legal description submitted with this application for annexation and zoning appears to meet all of the criteria required by Meridian City Resolution #158, and the Idaho State Tax Commission. 2. As a condition of annexation, all uses proposed for the area to be annexed shall be approved under the conditional use permit process. Particular consideration will be necessary to buffer the adjacent residential use (LaPlaya Manor). Five Mile Creek is designated as a multiple use pathway in the Meridian Comprehensive Plan. No encroachment of the existing easement is allowed. 3. A development agreement is required as a condition of annexation. 17. That comments were submitted by the Meridian City Police and Fire Departments, Central District Health Department and Nampa and Meridian Irrigation District, and they are incorporated herein as if set forth in full. 18. That comments were submitted by the Ada Planning Association whereby they recommend sidewalks be incorporated into the site plan to link the proposed buildings as well as link the buildings with the sidewalks on the major roadway and that bicycle parking be incorporated into the development. 19. That the Ada County Highway District submitted c~fft site specific comments and they are incorporated herein as follows: C ~D1r'tit-.S Nc~rt:: Ir•-ce~-('~a,A-Z~ QktP0.JPA.tAr-~ PatZ.T~dt-S sc Ai=Au+,3'D 4c~+p i1s'Pe~u ~~~ section line of Fairview Avenue abutting the (13 additional feet) by means of recordati of a final subdivision plat or execution of a w my deed prior to issuance of a building pe (or other required permits), whichever occ first. 2. Dedicat feet of right-of-way east of the section line o ridian Road abutting the parcel (5 to 232 feet FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 6 a building permit (or other required permits), whic occurs first.. 3. Provide a recorded cross access easement fo the parcel to the east (if not previously provided) d all internal lots for access to the public streets p for to issuance of a building permit (or other pe~i.t ) . The District intends to require a similar agreeme t of thh owners of the parcel to the east and the inte al lots if they are the subject of a future development plication. 4. Construct a pedestrian ramp at the no east corner of Fairview Avenue and Meridian Road, abu ting the site. The construction of the pedestrian ram shall meet ADA standards. 5. Relocate the pedestrian ramp at a northwest corner of Fairview Avenue and E. First S reet to reduce the conflict with the pedestrian r p and the existing utility pole and box. Coordinat the construction and relocation of the pedestrian ram with District Staff to meed ADA standards. 6. Replace the curb cut located approximately 554 f with a standard 30 foot wig radii. / fiveway on Meridian Road, t north of Fairview Avenue, curb return with a 15 foot 7. Restrict the curb r turn driveway on Meridian Road, locate approximately 5 4 feet north of Fairview Avenue, to right turns only. ordinate appropriate signage with District Staff. 8. Replace the rb cut driveway on Fairview Avenue, located approxim ely 157 feet east of Meridian. Road, with a standard orb return driveway with 15 foot curb radii. The dri eway shall be restricted to right-turns only with appr priate signage. 9. The cur return driveway on Meridiz~.n Road, located 354 feet n th of Fairview Avenue, is approved. 10. Con ruct a 6 inch raised median in the center of Fairvie Avenue, from the western edge of the driveway to the ex' ting median on Fairview Avenue, to prohibit heft hand rns at this driveway. Coordinate the design of the dian with District Staff. 11 Construct a 6 inch raised median in the center of M ridian Road from the Fairview Avenue/Meridian Road FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 7 driveway. Coordinate the design of the n with District Staff. 12. As required trict policy, restrictions on the width, and locations of driveways, shall be placed 20. That .the Ada County Highway District stated it would very much appreciate it if the Applicant grant the District an easement for a 10 to 12 space Park & Ride area, with the location to be coordinated with District Ride Share. 21. That Chris Beeson, the Applicant's representative, testified that there is no specific development planned for the parcel at this time; that the main purpose of the application was not to construct any improvements but rather to reconfigure lots in a minor fashion between the Albertson's parcel and the shops parcel so that they could also own frontage along Fairview Avenue as opposed to just the frontage on Heridian; that the Applicant would agree to have any further development of the rear parcel, believed to be proposed Lot 1, subject to a conditional use permit at the time of development in the future; that the Applicant would work with staff and the Commission regarding the traffic circulation plan dealing with ingress and egress; that the Applicant will be requesting a variance from the standard landscaping requirements due to the limited parking aisles; that the Applicant will be working with the Ada County Highway District regarding their requirements. 22. That Steve Sweet, the project's engineer, testified that this entire 12 acre site includes a number of businesses in the FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 8 • Cherry Plaza in~ding Albertson's and a b~ in the store, and Pioneer Federal Credit Union; that the Applicant, Cherry Plaza Associates, has previously come before the City with a request for a resubdivision and the outcome of that process was that the dn~~¢ 12.6 Applicant agreed to provide a plat on the acre parcel and bring X in the 3.6 acres into the City; that following the resubdivision, Albertson's purchased Lot 2 and that Albertson's and Cherry Plaza Associates are Applicants in this subdivision; that the proposed site to be annexed is vacant; that north of the site is LaPlaya Manor, that the Five Mile Drain is a shared boundary and to the north and west is Horizon Day Care; that the Applicant will be asking for a variance in providing some compact [parking] spaces, a little bigger than 7.5 feet along Fairview behind a landscaping strip. 23. Mr. Beeson added that where proposed Lot 4 comes back, or north, except for the frontage of where U.S. Bank was, is owned by the Applicant and there is a recorded easement; that when Albertson's remodeled they made a deal with U.S. Bank to add 18 parking spaces to the area north of where U. S. Bank stood but that the 18 stalls are not included in the 423 total spaces. 24. There was n~ other testimony given. 25. That proper notice-has been given as required by law and all procedures before the Planning and Zoning Commission have been followed. CONCLUSIONS FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 9 1. That ~1 the procedural requir~nts of the Local Planning Act and of the Ordinances of the, City of Meridian have been met including the mailing of notice. to owners of property within 300 feet of the external boundaries of the Applicants' property. 2. That the City of Meridian has authority to annex land pursuant to 50-222., Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the City Planning and Zoning Commission has judged this annexation and zoning application under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the lane: within the proposed annexation i~. contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 10 8. That ~,nce the annexation and ~ing of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply. with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways. 10. That the Applicant has not stated or represented any specific development plans for the parcel. 11. That, as a condition of annexation and the zoning of C-C, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address, among other things, the following: 1. Inclusion into the development of the requirements of 11- 9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. c. H, Public Sites and Open Spaces. d. R, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. 2. Payment by the Applicant, or if requircd, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City. 3. Addressing the subdivision access linkage, screening, buffering, transitional land uses, traffic study and recreation services. 4. An impact fee to help acquire a future school or park sites to serve the area. FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Pace 11 5. An i~ict fee, or fees., for pa'~, police, and fire services as determined by the city. 6. Appropriate berming and landscaping. 7. Submission and approval of any required plats. 8. Harmonizing and integrating the site improvements with any existing residential development. 9. The sewer and water requirements. 10. Traffic plans and access into and out of the development. 11. And any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing as required under the Meridian Comprehensive Plan. 12. That Section 11-2-417 D of the Meridian Zoning Ordinance states in part as follows: "If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. ."; that since the enactment of the above section, the City has found that it is difficult for the City and the Applicant to enter into a development agreement prior to annexation; that it is therefore concluded that a development agreement shall be entered into, dealing with the matters set forth in the preceding section prior to issuance of a building permit. 13. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian. 14. It is further concluded that the comments, recommendations and requirements of City of Meridian Departments, FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 12 • the comments o~hari Stiles, Planning and !Wing Administrator, the comments of Bruce Freckleton, Assistant to the City Engineer, and other governmental agencies, will have to be met and complied with. 15. That the Applicant and all users of the property shall meet and comply with all of the Ordinances of the City of Meridian, specifically including the water and sewer requirements, Fire Code, Fire and Life Safety Code, and the Uniform Building, Electrical, Mechanical, and Plumbing Codes. ~~~+,~a +ti~ r,~~ rn,t~ D%,~- 16. That all ditches, canals, and waterwaysashall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. 17. That proper and adequate access to the property is available and will have to be maintained. 18. That these conditions shall run with the land and bind the Applicant and its assigns. 19. With compliance of the conditions contained herein, the annexation and zoning of Community Business District (C-C), would be in best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Paae 13 APP OF FINDINGS OF FACT AND•NCLUSIONS The Meridian Planning and Zoning Commission hereby adopts-and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP COMMISSIONER OSLUND COMMISSIONER SHEARER COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) VOTE VOTED ~ ' VOTED VOTED !~ l~/~ z~~~ VOTED DECISION. AND RECOr'Q''~NDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the property be required to meet the comments of the Meridian Departments and the other governmental agencies. MOTION: APPROVED: ~~ ! ~~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 14 OG ~ SHERRY R. HUGER. President SUSAN S. EASTLAKE. Vice President JAMES E. BRUCE. Secretary TO: Christopher Beeson ` PO Box 2700 Boise ID 83702 i i 1~~;/L 3.19.°.5 ~ . _.__ QUADRANT' CQ~~S;~I___;~ December 20, 1996 FROM: Karen Gallagher, Coordinator Development Services Division M Pp - 14.9L J+~w~ N~'7CPr"t ~aa SUBJECT: Prel' wary Plat-FIRST STREET PLAZA M~~3-96 Meridian and Fairview On December 18, 1996, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of--way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, ~eether with payment of plan review fee. _ b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 31 S East 37th • Bone, Idaho 83714-6499 • Phone (208) 345-7680 - • • December 20, 1996 - Page 2- ----- - - - - -- --- --- - - -- - -. __ .. --- - -- - 3. ~~ Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority ~eether with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights-of--Way Trust Find deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission if requested within 15-days prior to the expiration date. Please contact me at 345-7680, should you have any questions. KG cc: Development Services Chron John Edney Chuck Rinaldi City of Meridian Quadrant Consulting/S Sweet . AD~OUNTY HIGHWAY DI,~RICT Development Services Division Development Application Report Preliminary- Plat & Annexation -First Street Plaza/MPP-14-96/MA-3-96 First Street Plaza is a 4-lot commercial subdivision on 12.6 total acres. The applicant is also requesting annexation of 3.54-acres with a change of zoning designation from RT to C-G. The site is located on the northeast corner of Fairview Avenue and Meridian Road. Assuming complete commercial development, the 3.54-acre annexation parcel is estimated to generate 2,380 additional (8,820 total) vehicle trips per day based on the Institute of Transportation Engineers Trip. Generation manual. However, the applicant is proposing no new development with this application. Roads irnpacted by this development: Fairview Avenue Meridian Road ACRD Commission Date -December 18, 1996 - 12:00 p.m. ~ ~ VICINITY MAP - FIRST STREET PLAZA SUBDIVISION ~ USTI CK RD o SITE _z J CHERRY LN . PINE AVE 4 Z Q 4 CC 0 Z Q D W 0 w O C~ U 0 J FAI RVI EW AVE N.T.S. 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': .N?l-i Sti_;; !~-=-~^~~ ~T:9? .~aI~DN-l~G • • Facts and Findings: A. General Information Owner -Cherry Plaza Associates, LLC Applicant -Christopher J. Beeson RT -Existing zoning C-C -Requested zoning 12.60 -Acres total, including the 3.54-acres requested for annexation 4 -Commercial lots n/a -Square feet of existing building 264 -Traffic Analysis Zone (TAZ) West Ada County -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Fairview Avenue Principal arterial with bike route designation Traffic count 18,966 on 6/16/93 650-feet of frontage 80 to 100-feet existing right-of--way (40-feet north of section line) 95-feet required right-of--way for an additional lane (53-feet north of section line) Fairview Avenue is improved with five lanes with curb, gutter and sidewalk. Meridian Road Minor arterial with bike lane designation Traffic count 13,655 on 9/20/93. 585-feet of frontage 50 to 80-feet existing right-of--way (40-feet east of section line for approximately 60-feet at Fairview Avenue, tapering to 36-feet at the north boundary of the site) 90-feet required right-of--way fora 5-lane constrained corridor (45-feet from centerline) Meridian Road is improved with five lanes with curb at the intersection, gutter and sidewalk tapering to three lanes at the north boundary of this site. The centerline of Meridian Road is currently offset approximately 15-feet to the west of the section line abutting the majority of the site. B. The existing commercial development does not meet Meridian's required amount of parking spaces. Staff is recommending that additional right-of--way be dedicated on Fairview Avenue, which may eliminate parking spaces when the streets are widened in the future. The City of Meridian is requiring the applicant to provide landscaping as a condition of the subdivision approval. There will be no additional trips generated as a result of the approval of this application. FIRSTSTR.WPD Page 2 • • C. Eventually, additional right-of--way will be required on Fairview Avenue between E. 1st Street and lvleridian Road for an~ additional lane to-accommodate the traffic that will >~~ --~ - diverted from southbound E. 1st Street when a couplet is implemented in Meridian. If the right-of--way for that additional lane is acquired at this time, ;~; the City requires the amount of landscaping that staff understands they will, the site may lose a row of parking. The site does not have sufficient parking now, according to the applicant. If the right-of--way is not acquired at this time, then the District will have to acquire it in the future ;~I it has been encumbered with landscaping and the parking lot has been redesigned to accept the landscaping. The cost will be greater to both the District and the site owner at that time. Staff is recommending that the minimum acceptable amount of additional right-of--way (12- feet) be dedicated at this time because: 1. The cost to the public will be less if the right-of--way is acquired now, and it will not be necessary to relocate/remove landscaping. 2. The applicant can rely on the shape and dimensions of the parking lot remaining constant. 3. Until the streets are widened, parking spaces in the new right-of--way could continue to be used through a license agreement with the District. 4. The required landscaping could be located outside of the new right-of--way, and would not have to be relocated when the streets are widened. D. The Meridian Road frontage is entirely improved from a project the District constructed in 1992, although it may have to be widened in the future. Staff is recommending that a constrained corridor width on Meridian Road be used due to the location of a below grade docking ramp for the Albertson's store. on the west side of the building that would be very expensive to relocate. The near corner of the docking ramp is 8 to 10-feet from the current right-of--way line. The parcel at the northwest corner of Meridian Road and Fairview Avenue is currently undeveloped and the current centerline is offset 15-feet west of section line in this area. In view of the complicating factors and the unknown timing of any expansion of Meridian Road, staff recommends that no additional right-of--way be acquired along Meridian Road abutting the subject site at this time. If right-of--way and roadway widening is required in the future, the ramp can be acquired and/or relocated at that time, or the roadway can be shifted further to the west to avoid this major expense. E. There are five existing driveways to the site -three on Meridian Road and two on Fairview Avenue. Two of the driveways closest to the Meridian Road/Fairview Avenue intersection do not meet District policy, which requires 220-foot of separation from the nearest cross street. F. The driveway on Meridian Road located 154-feet north of the Fairview Avenue/Meridian Road intersection does not meet District's requirements. Staff recommends a variance to allow the use of the existing driveway, provided its use is restricted to right turns only. Because the driveway was allowed and constructed by the District as a part of the 1992 FIRSTSTR. WPD Pave 3 • • improvement, and because there is no land use change or additional traffic to be generated as - - a result ~f this ~appfication, the district should construct a 6-inch raisezi median in Meridian ~ -- Road from the Fairview Avenue/Meridian Road intersection to a point 50-feet beyond the northern edge of the driveway to ensure the control of the driveway to right-turns only. The cost of this median is estimated at $1,900. G. There is a driveway on Fairview Avenue, located 157-feet east of Meridian Road. This driveway does not meet District's requirements. Staff recommends a variance to allow the use of this existing driveway provided its use is restricted to right turns only. Because the applicant recently constructed extensive improvements to Fairview Avenue allowing the subject driveway, staff recommends that the District construct a 6-inch raised median in the center of Fairview Avenue, from the Meridian Road stop bar to the western end of the existing median to prohibit left turns. The cost of this median is estimated at $1,600. H. District policy states that direct access to arterials and collectors is normally restricted and that the developer shall try to use combined access points. In accordance with District policy the applicant should be required to provide a recorded cross access easement for the parcel to the east (if not previously provided) and all internal lots to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). The District intends to require a similar agreement of the owners of the parcel to the east if they are the subject of a future development application. District policy requires the applicant to construct a pedestrian ramp at the northeast corner of Fairview Avenue and Meridian Road. Because the application does not propose a change of land use or any additional traffic, and because the applicant and the District separately recently constructed extensive improvements to Fairview Avenue and Meridian Road, using ADA standards in effect at the time, staff recommends that the ramps in place be allowed to remain until the District sponsors a project to improve Fairview Avenue. There is asub-standard pedestrian ramp located at the northwest corner of Fairview Avenue and E. 1st Street (on the west site of the signalized entrance to the mall area) that is in conflict with an existing utility pole and utility box. Because the application does not propose a change of land use or any additional traffic, and because the applicant and the District separately recently constructed extensive improvements to Fairview Avenue and Meridian Road, using ADA standards in effect at the time, staff recommends that the ramps in place be allowed to remain until the District sponsors a project to improve Fairview Avenue. K. There is a curb cut driveway on Meridian Road located approximately 554-feet north of Fairview Avenue. It would speed the flow of traffic out of Meridian Road into the site and improve safety if the applicant would replace the curb cut driveway on Meridian Road with a 30-foot wide curb return driveway with 15-foot curb radii. Because there is no change of land use nor increased traffic proposed with this application, staff recommends that the applicant IIQt be required to reconstruct this driveway at this time. FIRSTSTR.WPD Page 4 • L: The curb return driveway on Meridian Road, located 354-feet north of Fairview Avenue, meets district policy: -- - --- - - - - M. ACHD's Park & Ride Division staff have indicated the need for a park and ride location at the applicant's site. The District requests that applicant grant the District an easement for a 10 to 12-space Park & Ride area at this site. Coordinate the location with District Ride Share staff (345-POOL). N. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. O. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following requirements are provided as conditions for approval: Special Requests of the Applicant: 1. The applicant has indicated that parking at this site is limited. District Rideshare staff has indicated a flexibility in the location of the easement (i.e., behind the building in the vacant lot) for a park and ride site. The District would be very appreciative if the applicant granted the District an easement fora 10 to 12-space Park & Ride area. Coordinate the location with District Ride Share (345-POOL). 2. Reconstruct the existing driveway on Meridian Road located 554-feet north of Fairview Avenue to a curb return driveway with 15-foot curb radii. Site Specific Requirements: 1. Dedicate 52-feet of right-of--way north of the section line of Fairview Avenue abutting the - parcel (12 additional feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to .issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for this additional right-of--way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of--way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 2. Provide a recorded cross access easement for the parcel to the east (if not previously provided) and all internal lots for access to the public streets prior to issuance of a building permit (or other required permits). The District intends to require a similar agreement of the owners of the parcel to the east and the internal lots if they are the subject of a future development application. FIRSTSTR. WPD Page 5 • 3. Restrict the curb return driveway on Meridian Road, located approximately 154-feet north of ~- - - Fairview-Avenue,,-to right turns only. Coordinate appropriate on-site signage with District --- -- Staff. The District will construct a median in Meridian Road to prevent left-turns into and out of the driveway at the time that it is warranted, as determined by District staff. 4. Restrict the driveway on Fairview Avenue located approximately 157-feet east of Meridian Road to right turns only with appropriate signage. Coordinate appropriate on-site signage with District staff. The District will construct a median in Fairview Avenue to prevent left- turns into and out of the driveway at the time that it is warranted, as determined by District staff. 5. The curb return driveway on Meridian Road, located 354-feet north of Fairview Avenue, and the curb return driveway located at the intersection of E. 1st Street and Fairview Avenue are approved as shown. 6. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACRD Development Services Supervisor. The request shall ifi al id n i each r~uirement to be reconsidered and include a written explanation of w ,y such a require*nPn+ ~=~~»ld result in a substantial hardship or inequ~. The written ~auest shall be submitted to the District no later than 9.00 a m. on the day scheduled for ACHD om_mission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted .on by the Commission unless removed from the agenda by the Commission. 2. After ACRD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two days of the action and shall include a minimum fee of $110.00. The regl~PSr for reconsideration shall ~p ift al ,~ id nti each requirement to bP rPrnnci~PrP(I ATt(I inclnrle written documentation of data that was not available to the Commission at the t-me of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be~notified of the date and time of the Commission meeting at which the reconsideration will be heard. FIRSTSTR. WPD Page 6 3. Payment of applicable road impact fees are required prior to building construction in accordance-with Ordinance-#188 also known as Ada Counry Highway District Road~mpact - Fee Ordinance. 4. All design and construction shall be in accordance with the Ada Counry Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval far occupancy. 7. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada Counry Highway District. 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant ~to the law in effect at the time the change in use is sought. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Development Services Division at 345-7662. T~Pvelopment Services Staff FIRSTSTR. WPD Page 7 ~ ' • • Meridian City Council December 17, 1996 Page 9 Crookston: They are not amended, they are changed but they are not amended because they were never adopted. So they are not amended findings. Morrow: Well would you be more comfortable then if I set number 2 or something like that so that there is no confusion as to which ones we were adopting. Crookston: Well is set number two (inaudible) Morrow: Mr. Mayor, I would like to rephrase my motion to adopt the findings of fact and conclusions of law as prepared by the Counselor in the final version. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the findings of fact and conclusions of law as adopted as the final version you have in front of you, any further discussion? Roll call vote ROLL CALL VOTE: Morrow -Yea, Tolsma -Yea, Rountree -Yea, Bentley -Yea MOTION CARRIED: All Yea Corrie: Entertain a motion on the decision. Morrow: Mr. Mayor, it is decided the application for a variance from 11-2-410 A, 11-905 B the 35 landscape strip should not be granted to the applicant and the application is denied. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that the decision as read, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO C-C BY CHERRY PLAZA ASSOCIATES: Corrie: At this time I will open the public hearing and Council you have received a letter, did you all receive the letter from Chuck Christianson the engineer, asking that the public hearing for this project be continued to January 7? Is there anybody from the public that would like to enter testimony tonight on this request for annexation? Hearing none, Council • Meridian City Council December 17, 1996 Page 10 I will keep it open and request (inaudible) Morrow: Mr Mayor, I would move that we continue the public hearing on the preliminary final plat for First Street Plaza by Cherry Plaza Associates to January 7, 1997. Bentley: Second Cowie: Motion made by Mr. Morrow, second by Mr. Bentley to continue the public hearing for annexation and zoning of Cherry Plaza Associates to January 7, 1997, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: PUBLIC HEARING: REQUEST FOR PRELIMINARY/FINAL PLAT FOR FIRST STREET PLAZA BY CHERRY PLAZA ASSOCIATES: Cowie: Is there anybody that would like to enter testimony at this time? Hearing none I will entertain a motion from Council. Bentley: So moved to table to January 7. Rountree: Second Cowie: Motion made by Mr. Bentley, second by Mr. Rountree that the public hearing be continued to January 7, 1997. Any further discussion? Hearing none all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: REQUEST FOR A CONDITIONAL USE PERMIT FOR ANEW/USED R.V. SALESISERVICE FACILITY BY ZAMZOWS: Cowie: Is there a representative from Zamzows here that would like to give us some information? Bradbury: Thank you Mr. Mayor and members of the Council, my name is Steve Bradbury, I am an attorney, my office is at 300 N. 6th Street, I have been asked to represent Zamzows in connection with this application tonight. As you l think you folks probably know and understand what the application seeks is an expansion of an existing conditional use permit for a new and used recreational vehicle sales and service facility that is located over at the former site of the Meridian Ford dealership on East First Street. So that you can MERIDIAN CITY COUNCIL MEETING: December 17.1996 APPLICANT: CHERRY PLAZA ASSOCIATES ITEM NUMBER; 7 REQUEST: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO C-C AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS MINUTES OF 10-8-96 P ~ Z MEETING SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ru, P~~ n~ ~~~e,,~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~ ~ Meridian Planning & Zoning Commission October 8, 1996 Page 15 use request by the applicant for the property described in the application and the conditions set forth in these findings of fact and conclusions of law. Borup: Second Johnson: A motion and a second to pass a recommendation onto the City as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING CONTINUED FROM SEPTEMBER 16, 1996: REQUEST FOR ANNEXATION AND ZONING TO C-C BY CHERRY PLAZA ASSOCIATES: Johnson: This is a continuation of a public hearing, do I need to re-open it? Crookston: Yes Johnson: I will re-open the public hearing at this time. Is the applicant or a representative from Cherry Plaza Associates? Would you like to come forward and address the Commission please. Chris Beeson, 840 East Curling Drive, Boise, was sworn by the City Attorney. Beeson: I apologize, our engineer was going to be here tonight as well, I don't know what has caused his delay. Johnson: Well he just figured we would be here all night. Beeson: In early this Spring Albertsons and my group made and application to the City Council to subdi fide or do a lot split on our Cherry Plaza shopping center so that Albertson's could own their parcel separate from the rest of the other one. The City Council at that time endorsed our application to do that and directed that we follow that up with a subdivision application. At the time we were doing that we also discussed with staff that the parcel in the rear of the shopping center was an out parcel and it would be an appropriate time to bring it into the City just to get rid of the infill parcel. We don't have any specific development plans for that parcel at this time. We are just getting it zoned and leaving it there as a lot. The main purpose of our application is not to construct any improvements but rather to reconfigure lots in a minor fashion between the Albertson's parcel and the shops parcel so that they could also own frontage along Fairview Avenue as opposed to just the frontage on Meridian. So, that was the basis of our application. We have worked with staff, we have prepared a response to the staffs conditions and Meridian Planning & Zoning Commission October 8, 1996 Page 16 basically don't have any issues with staffs proposal. We would agree to have any further development of the rear parcel, I believe it is proposed lot 1 subject to a conditional use at the time of development might be proposed in the future: We would work with staff and with the Commission to come up with a trafFc circulation plan to try to deal with the problem of ingress and egress. I think primarily as East 1st moves into the center there. We do have some ideas for that and I hoped Steve would bring the plan here. The other thing we are trying to do is as we do that was to not degrade the parking any further than it already is because as I am sure you know it is pretty tight. We will also be as staff has requested planning a landscaping strip along Fairview Avenue and in some of the end islands on the parking aisles to put some definition into the parking lot. Those would have the trees on them. Now as part of what we would be doing and in talking to staff they would probably have to submit a separate application. We will be requesting a variance from the standard landscaping requirements for the center becuase there isn't enough area left to do what would be required (End of Tape) is contemplating requiring an addition of right of way taking along Fairview Avenue so that they can add another lane to that. Johnson: We did receive the draft today, I haven't had an opportunity to review it in detail. Beeson: And we don't even know if it is final yet Mr. Chairman. You will see some of the points that they have got on there. And they are also requesting a right of way take along Meridian Road although now in the first part of it, it reads that they are talking about a five foot taking, for a while they were talking about a 23 foot but that would get into that truck dock on the Albertson's building so they have kind of backed off on that. So if, the requirements of the City at least as we know them today seem to be things that we can deal with, with regard to our application. Whether or not we can get by with the Ada County requirements the Highway District remains to be seen. They also want to require a further median strip at those intersections along Meridian Road and Fairview Avenue to prevent the curb cuts next to the little credit union thing from being used as full turns. They would like chose to be right turns only. That was all reconstructed Ywo years ago and they kind of agreed to that configuration but apparently they decided they would like further changes now and we are still trying to work with them on that. I believe Ms. Stiles has provided, although I apologize for the lateness of i,t, our response to the staff report. But as I said we didn't really have any issues with that. There were a few things where we did note that we kind of expected that except for tiling the Settlers Canal in the back there is a little strip of it back there next to Cumba's day care center adjacent to our property that we would. fill now. Do the landscaping and try to come up with a better proposal for you on the parking. Then that would be what would apply to the current structure that is there. The rest of it would apply to some development that might occur with that piece in the back. I stalled long enough for Steve to get here, this is Steve Sweet from Quadrant Engineering who is our engineer. ~ ~ Meridian Planning & Zoning Commission October 8, 1996 Page 17 Johnson: Steve while you are here and if you are going to comment we might as well swear you in as well Steve Sweet, 405 S. 8th Street, Boise, was sworn by the City Attorney. Sweet: Mr. Crookston I believe was aware of our application at the City Council. For the benefit of the crowd this is the Cherry Plaza current configuration, the point we want to bring out here is that there is a 12 acre site which includes a number of 20 businesses in Cherry Plaza including Albertson's and a bank in the store, Pioneer Federal Credit. The applicant has come before the City for a request for a resubdivision previously and during the process which is allowed under the ordinance of the City we agreed to provide a plat on this 9 acre parcel with the piece that is already annexed to the City. And to bring in a 3.6 acre, not quite an out parcel, it is not quite an enclave but close to an out parcel into the City. This is vacant ground today, it is not even a pasture, just anon-utilized (inaudible). North of the site has La Playa Manor, Five Mile Drain we share the boundary inside that, the ravine that forms the drain there. To the north and west is the Cumba day care, I believe that is the name, that is what we have gone with. The vacant site and US Bank occupy the comer here and I believe the relocated at this time to another store. Johnson: Yes they have and that day care for the record is Horizon I think. Sweet: In our application for resubdivision (inaudible) we came in and asked for two parcels and said we would come back tonight before you with an annexation and a plat. This is the new lot numbering to meet Ada County's concerns, it is different from your preliminary plat. As we talked through this tonight while we refer (inaudible) that is incorrect, this drawing reflects how we will meet the County Engineer's concerns. Shari has provided us with a number of concems and some conditions. We have met with Shari and responded in writing. After we visited with her today we had some revisions and I have a revised copy, and everybody has a copy of that? Johnson: Yes we have one dated 10-8. Sweet: That is today, that is the revised document. What we would like to point out to the Commission, this is an existing site. We would like to come in with a platting and annexation with reasonable conditions: The City of Meridian has been fairly reasonable and would want you to be aware that Ada County Highway District, is goign to have, we are going to have further negotiations with the Highway District. Subject to the outcome of some of those discussions the plat may or may not go forward. It is our intention to go forward short. of paving a seven mile stretch in Western Ada County for the Highway District. • • Meridian Planning & Zoning Commission October 8, 1996 Page 18 Johnson: Mr. Beeson touched on that. Sweet: Following our application for the resubdivision Albertson's has purchased lot 2, Albertson's and Cheny Plaza Associates are applicants in this subdivision. Mr. Chairman, how detailed would you like to go tonight on these conditions? Johnson: Well I am hoping you will shut up soon so we can go home. Did you want a political answer? Sweet: I frankly like that answer. Johnson: I know you are trying to earn your keep becuase you were late and you are trying to impress your client I think we understand it pretty well. The main issue is the annexation of the piece of dirt now that is basically weeds. That is what we are here for are we not. We realize there are things that have to be worked out with ACRD but that is beyond our control and something you will have to do. Sweet: There has been concern by Council on circulation on the site. This is a revised circulation. plan. There has been concern by staff on need to increase the landscaping that is there, the seven trees that are around Pioneer Federal Credit Union. Johnson: Yes Mr. Beeson talked about that and that is an issue that will have to be worked out with staff. There are some limitations there just becuase of the amount of land that is left there. Sweet: Mr. Chairman, with your permission I would like to sit down and shut up and would stand for questions at your pleasure. Johnson: I am sorry, I did issue a pretty strong hint there. Do we have any questions of either Mr. Beeson or Mr. Sweet. Borup: I think the last drawing probably answered some questions that I was curious on as why part of lot 2 jogged out to the back, is that for additional employee parking? Sweet: There is a parking lot (inaudible) access has been difficult around the store site, Albertson (inaudible) Johnson: That parking lot has been there almost. a year now hasn't it? Sweet: A little over a year. (Inaudible) • Meridian Planning & Zoning Commission October 8, 1996 Page 19 Shearer: 1 see your new configuration will keep me from cutting across the parking lot. Johnson: That is a nightmare in there there, flip that over please. Sweet: (Inaudible) Johnson: Well the whole thing, a lot of that is beyond your control it is just what they did last time through. It makes it confusing. Borup: The other thing I was curious on is-what do you anticipate access to lot 4? Johnson: The old four or the new four? Sweet: It would have to either be (inaudible) probably have to be out through this property or down the back or out through here (inaudible). The clerk is passing out a reduced version (inaudible) On that drawing there are some lighter dash lines those are existing parking stalls, the heavier lines are the proposed (inaudible). We would be asking for a variance in providing some compact spaces, a little bigger than 7.5 foot and we are (inaudible) 8 foot width along Fairview behind a landscaping strip in there. Johnson: We have noticed a lot of developments have just done away with compact parking because no one pays much attention to it. Crookston: Mr. Chairman, do you own the property to the east of this? Beeson: The US Bank (inaudible) Crookston: To the north of where the US Bank was? Beeson: Out here where proposed lot 1 n~~ 4 comes back in here, that part yes, not the frontage. Crookston: How are you placing that, what appears to be a parking area? Beeson: This one here, that does exist today and there is a recorded easement for that. When Albertson's did the remodel, as part of that they put the structure on here and they also made a deal with US Bank to add these 18 spaces to that. Crookston: Is that easement in your name? Beeson: It runs with the land and it is appurtenant to the shopping center (inaudible). ~ ~ Meridian Planning & Zoning Commission October 8, 1996 Page 20 Sweet: Those 18 stalls in that parking area are not included in the 423 we show in the total. Johnson: Is that 423 is that a substantial increase is that an increase? Sweet: That is existing. Johnson: Am I correct in saying we are really not gaining any additional parking? Sweet: I think I have squeezed another stalls out of this site. And going from a 10 foot stall to a 9 foot City standard (inaudible). Johnson: So you just picked up about 10 parking spots. Sweet: That is correct (inaudible) 25 foot road, City standard road. Shearer: Which public hearing are we in? (Inaudible) Johnson: We are just asking questions, that is pertinent and we can incorporate that testimony into the other one. Any other questions? Beeson: Can you see what these arrows are here, is that legible on the little one. Johnson: Isn't that the way the traffic flows now? Beeson: No, what they have come up with to help try and solve this problem is the way it currently is the one, the left lane is left and straight, so the people that are trying to go straight (inaudible) so that is one rf the things that causes the stacking. What we are proposing is that ACRD would go along with this is to have the left lane be only left only and the right lane be straight and right so that it would keep moving and reduce some of the stacking. Also, what Steve is proposing here is that there be signage and a curb line here to help prevent people from coming out of here and trying to get in there. That they would basically have to go around and then come back this way to avoid kind of the Russian Roulette stacking (inaudible). Johnson: Couldn't they do the same thing with altering the traffic signal itself, does that accomplish the same thing? So you could go proceed on green and the oncoming lane would be halted, like they do in a lot of areas. Like they do on the corner of Ustick and Cole for example. • • Meridian Planning & Zoning Commission October 8, 1996 Page 21 Sweet: With the City's encouragement that would be easier to obtain. That reduces the efficiency of the intersection and the Highway District is trying to maximize the efficiency of Fairview at this point. Johnson: Any other questions? Apparently not at this point. This is a public hearing, is there anyone from the public that is here to comment on this application or would like to come forward. Are there any comments from staff at this time before I close the public hearing? I will close the public hearing at this time. This is item 11, annexation and zoning. And your motion is? Shearer: Mr. Chairman,. I move we have the Attorney prepare findings of fact and conclusions of law on this. Borup: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING CONTINUED FROM SEPTEMBER 16, 1996: REQUEST FOR APRELIMINARY/FINAL PLAT FOR FIRST STREET PLAZA BY CHERRY PLAZA ASSOCIATES: Johnson: I will now open the public hearing, any additional comments by the Applicant? Steve Sweet, 405 S. 8th Street, Boise, was sworn by the City Attorney. Sweet: Mr. Chairman, members of the Commission, we would like to incorporate previous testimony and request your approval of the preliminary and final plat for First Street ~=iaza plat. Any questions? Johnson: Thank you Mr. Sweet, any questions of the applicant? Borup: Maybe on landscaping, you had made some reference to it, is that still forthcoming, the landscaping plan detail? Sweet: Yes, the landscaping as noted in the letter we would like to landscape out there without decreasing parking. What we are proposing is (inaudible) on the end of the parking, landscaping along Fairview and these curbed islands could be landscaped (inaudible) that would lend to landscaping and dressing up the City's entryway there. We WILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor MEMORANDUM: To: P&Z Commission/Mayor & Council From: Bruce Freckleton, Assistant to City Engineer ~~~ Shari Stiles, P&Z Administrator ~~~~ COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY September 11, 1996 Re: Request for Annexation and Zoning with Preliminary/Final Plat for First Street Plaza (by Cherry Plaza Partners) We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: ANNEXATION & ZONING: The legal description submitted with this application for Annexation and Zoning appears to meet all of the criteria required by Meridian City Resolution #158, and the Idaho State Tax Commission. 2. As a condition of annexation, ail uses proposed for the area to be annexed shall be approved under the conditional use permit process. Particular consideration will be necessary to buffer the adjacent residential use (La Playa Manor). Five Mile Creek is designated as a Multiple Use Pathway in the Meridian Comprehensive Plan. No encroachment of the existing easement is allowed. A development agreement is required as a condition of annexation. PRELIMINARY /FINAL PLAT ENERAL OMMENTS: Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped are to be shown on the Preliminary Plat. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. C aOFF[CEIWPWIN\GENERAL\I SCPLAZr1.PP • • P&Z Commission/Mayor & Council September 10, 1996 Page 2 Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil condiyons as prepared by a soil scientist with development plans. 4. Water service to future development is contingent upon positive results from a hydraulic analysis by our computer model. 5. Indicate any existing FEMA Floodplain Boundaries on the Preliminary Plat Map, and/or any plans to reduce said boundaries. 6. Numbering of lots needs to be consecutive 7. Final plat pages 1 and 2 needs to include the signed seal of the Registered Land Surveyor. 8. Complete the final plat Certificate of Owners and accompanying Acknowledgment. 9. Please submit a copy of the Ada County Street Name Committee's approval letter for the Subdivision, street names, and lot numbering. Make any corrections necessary to conform. 10. Respond in writing, to each of the comments contained in this memorandum, both General and Site Specific, and submit to the City Clerk's Office prior to the scheduled hearing. PRELIlVIINARY / FINAL. PLAT SITE SPE IFI COMMENTS Sanitary sewer service to this project could be from existing mains on site. Subdivision designer shall field-verify the location of the existing sewer mains. The field-verified locations need to be shown on the revised preliminary plat map along with the dedicated easements; additional easements may or may not be required, depending on the results of field verification. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of further development needs to be contingent upon our ability to accept the additional sanitary sewage generated. The subdivision designer is to coordinate main sizing and routing with the Meridian Public Works Department. 2. Water service for these lots could be from existing mains on site. Subdivision designer shall field-verify the location of the existing water mains. The field-verified locations need to be shown on the revised preliminary plat map along with the dedicated easements; additional easements may or may not be required, depending on the results of field verification. The subdivision designer is to coordinate any new main routing with the Meridian Public Works Department. Coordinate fire hydrant placement with the City of Meridian's Water Superintendent. Fire hydrant locations shall be depicted on the preliminary plat map. An analysis of historical water consumption needs to be performed by the Public Works Department to determine whether additional sewer and water assessments need to be C:10FFICE\W PW Q9IGENERAL\l SCPLAZA.PP P&Z Commission/Mayor & Council September 10, 1996 Page 3 collected from the owner/applicant, prior to signature on the final plat map. The owner/applicant will be required to enter into an Assessment Agreement with the City of Meridian with an annual review period, prior to signature on the final plat. 4. Revise the Preliminary Plat to include pressurized irrigation, with proposed source. Any proposal for a supplementary connection from the City's water system to the pressurized irrigation system will need to be reviewed closely due to the size of the area to be watered. Applicant shall provide a statement as to the ownership of and operation and maintenance for, the pressurized irrigation system. 5. Provide a detailed lighting plan to the Public Works Department for any new proposed parking lot lighting. Illumination of the site shall be designed to not cause glare or adversely impact neighboring residential properties or the traveling public. 6. Landscaping and parking do not meet the requirements of City Ordinance. Ordinance Section 11-2-414.D.2 requires underground sprinkling and a minimum of one (1) three-inch (3 ") caliper tree per 1,500 square feet of asphalt. The Applicant shall be required, as a condition of platting, to meet current Ordinance requirements (Ordinance Section 11-2-406.D.) unless a variance is granted by the City Council. Sufficient room is available along Fairview/Cherry Lane to provide a planting strip adjacent to the roadway. In addition, landscaping can and should be incorporated within the parking lot to provide better traffic circulation and ease the impact of the "heat island" this parking lot creates. Applicant is to submit a detailed landscape plan for approval. A letter of credit, cash, or approved surety bond is required for necessary improvements prior to signature on the final plat. 7. All signs must meet the requirements of Meridian Ordinance. Off-premise signs are not permitted. Shared signage such as that currently existing on the site needs to be included in a common lot or relocated. 8. ACRD requirements, City policy and Comprehensive Plan dictate that all section line roads have a minimum 90' right-of--way. 9. All modifications and/or additions to the site drainage system must be reviewed by the Public Works Department per City Ordinance. Two parking areas have been constructed in the recent past without the review and approval of the City of Meridian. 10. Add the following notes to the final plat: 3) Building setbacks and dimensional standards in this subdivision shall be in compliance with the applicable zoning regulations of the City of Meridian. 4) Any re-subdivision of this plat shall comply with the applicable zoning regulations in effect at the time of re-subdivision. C:\OFFICE\WPW QV\GENERAL\I S'fPLAZA.PP P&Z Commission/Mayor & Council September 10, 1996 Page 4 5} The owner of each lot, across which passes anirrigation/drainage ditch or pipe, is responsible for the maintenance thereof, unless such responsibility is assumed by an irrigation/drainage district. 6) The bottom elevation of building footings shall be set a minimum of 12" above the highest established seasonal ground water elevation. 11. Isn't there an existing easement for the Settler's ditch as it traverses across the site? C:\OFFICE\WPWIN\GENERAL\I SCP[.AZA.PP BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION CHERRY PLAZA ASSOCIATES, LLC ANNEJCATION AND ZONING NORTHEAST CORNER OF FAIRVIEW AND NORTH MERIDIAN ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing September 16, 1996, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and was continued to October 8, 1996, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant, Christopher J. Beeson, appearing in person, on October 8, 1996, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. That a notice of a public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 16, 1996 and continued to October 8, 1996, the first publication of which was fifteen (15 ) days prior to said hearing; that the matter was duly considered at the September 16, 1996, hearing and continued to October 8, 1996; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Psge 1 2. That this property is located within the City of Meridian and the titled owner is Cherry Plaza Associates, LLC, which has consented to the annexation and zoning of the property; the property is described in the application which description is incorporated herein; that the property is approximately 3.5 acres, and except for a small paved area, the site is currently undeveloped and presently zoned RT (Ada County - Rural Transition). 3. The proposed site is located south of LaPlaya Subdivision, which is in an R-8 zoning district, and north of Cherry Plaza and the U. S. Bank parcel; that the Applicant requests that the proposed site be annexed into the City and zoned Community Business District (C-C), and the application is not at the request of the City of Meridian; that the zoning is consistent with the adjacent Cherry Plaza property and the frontage property on Cherry Lane, which it borders; that at present time, no specific plans to develop the site have been prepared. 4. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian; that the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 6. That the following pertinent statements are made in the Meridian Comprehensive Plan:. A. Under ECONOMIC DEVELOPMENT, Economic Development Goal Statement 1.3 The character, site improvements and type of new FINDINGS OF FACT AND CONCLUSIONB OF LAW/CHERRY PLAZA Page 2 r ~ commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. B. Under LAND USE 5. MIXED-PLANNED USE DEVELOPMENT, Page 27 Mixed-use Area at Locust Grove Road and Fairview Avenue Plus Area North of Fairview Avenue. These areas are within Ada County, but nearly surrounded by the City of .Meridian. The area is characterized by large rural lots, and a sparse development pattern. In order to stimulate planned development in these areas, the following policies apply: a. 5.16U All development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. b. 5.17U A variety of coordinated, planned and compatible land uses are desirable for this area, including low-to-high density residential, office, light industrial and commercial land uses. c. 5.18U Existing residential properties will be protected from incompatible land use development in this area. Screening and buffers will be incorporated into all development requests in this area. C. Under COMMUNITY DESIGN, at Page 72 1. Entryway Corridors 4. Fairview Avenue (East entrance). 2. Entrance Corridors Goal Statement - P=omote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian. 3. Entrance Corridors Goal Statement Policies, Page 71 FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 3 a. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscaped business development on entrance corridors. b. 4.4U Encourage 35-foot landscaped- setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 4. Neighborhood Identify Goal Policies, Page 72 a. 6.4U Limit the conversion of predominantly residential neighborhoods to nonresidential uses, and require effective buffers and mitigation measures through conditional use permits when appropriate nonresidential uses are proposed. 7. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states that land in agricultural activity should so remain in agricultural activity until urban services (municipal sewer and water facilities) can be provided. 8. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states as follows: "Existing rural residential land uses and farms/ranches shall be buffered from urban development expanding into rural areas by innovative land use planning techniques." 9. That the property could be physically serviced with City water and sewer. 10. That the C-C District is described in the Zoning Ordinance, 11-2-408 B. 9. as follows: (C-C1 Community Business District: The purpose of the (C-C) District is to permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate off- street parking facilities, and associated site FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 4 • amenities to serve area residents and employees; to prohibit strip commercial development and encourage the clustering of commercial enterprises. All such districts shall have direct access to a transportation arterial and collector and be connected to the Municipal Water and Sewer systems of the City of Meridian. 11. That the property has access to Fairview Avenue which is a major arterial. 12. That Section 11-9-605 C states as follows: ."Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 13. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 14. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 15. That Section 11-9-605 L states as follows: "Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicvcle-Pedestrian Desian Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." 16. That the Planning & Zoning Administrator, Shari Stiles, FINDIN(38 OF FACT AND CONCLU3ION8 OF LAW/CHERRY PLAZA Page 5 • and the Assistant to the City Engineer, Bruce Freckleton, submitted comments and they are as follows: 1. The legal description submitted with this application for annexation and zoning appears to meet all of the criteria required by Meridian City Resolution #158, and the Idaho State Tax Commission. 2. As a condition of annexation, all uses proposed for the area to be annexed shall be approved under the conditional use permit process. Particular consideration will be necessary to buffer the adjacent residential use (LaPlaya Manor). Five Mile Creek is designated as a multiple use pathway in the Meridian Comprehensive Plan. No encroachment of the existing easement is allowed. 3. A development agreement is required as a condition of annexation.. 17. That comments were submitted by the Meridian City Police and Fire Departments, Central District Health Department and Nampa and Meridian Irrigation District, and they are incorporated herein as if set forth in full. 18. That comments were submitted by the Ada Planning Association whereby they recommend sidewalks be incorporated into the site plan to link the proposed buildings as well as link the buildings with the sidewalks on the major roadway and that bicycle parking be incorporated into the development. 19. That the Ada County Highway District submitted draft site specific comments and th~:y are incorporated herein as follows: 1. Dedicate 53 feet of right-of-way north of the section line of Fairview Avenue abutting the parcel (13 additional feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 2. Dedicate 45 feet of right-of-way east of the section line of Meridian Road abutting the parcel (5 to 232 feet addition) by means of recordation of a final subdivision FiNDINQ3 OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 6 • plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 3. Provide a recorded cross access easement for the parcel to the east (if not previously provided) and all internal lots for access to the public streets prior to issuance of a building permit (or other permits). The District intends to require a similar agreement of the owners of the parcel to the east and the internal lots if they are the subject of a future development application. 4. Construct a pedestrian ramp at the northeast corner of Fairview Avenue and Meridian Road, abutting the site. The construction of the pedestrian ramp shall meet ADA standards. 5. Relocate the pedestrian ramp at the northwest corner of Fairview Avenue and E. First Street to reduce the conflict with the pedestrian ramp and the existing utility pole and box. Coordinate the construction and relocation of the pedestrian ramp with District Staff to meed ADA standards. 6. Replace the curb cut driveway on Meridian Road, located approximately 554 feet north of Fairview Avenue, with a standard 30 foot wide curb return with a 15 foot radii. 7. Restrict the curb return driveway on Meridian Road, locate approximately 544 feet north of Fairview Avenue, to right turns only. Coordinate appropriate signage with District Staff. 8. Replace the curb cut driveway on Fairview Avenue, located approximately 157 feet east of Meridian Road, with a standard curb return driveway with 15 foot curb radii. The driveway shall be restricted to right turns only with appropriate signage. 9. The curb return driveway on Meridian Road, located 354 feet north of Fairview Avenue, is approved. 10. Construct a 6 inch raised median in the center of Fairview Avenue, from the western edge of the driveway to the existing median on Fairview Avenue, to prohibit heft hand turns at this driveway. Coordinate the design of the median with District Staff. 11. Construct a 6 inch raised median in the center of Meridian Road from the Fairview Avenue/Meridian Road intersection to a point 50 feet beyond the northern edge FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 7 • of the driveway to prohibit left hand turns at this driveway. Coordinate the design of the median with District Staff. 12. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 20. That the Ada County Highway District stated it would very much appreciate it if the Applicant grant the District an easement for a 10 to 12 space Park & Ride area, with the location to be coordinated with District Ride Share. 21. That Chris Beeson, the Applicant's representative, testified that there is no specific development planned for the parcel at this time; that the main purpose of the application was not to construct any improvements but rather to reconfigure lots in a minor fashion between the Albertson's parcel and the shops parcel so that they could also own frontage along Fairview Avenue as opposed to just the frontage on Meridian; that the Applicant would agree to have any further development of the rear parcel, believed to be proposed Lot 1, subject to a conditional use permit at the time of development in the future; that the Applicant would work with staff and the Commission regarding the traffic circulation plan dealing with ingress and egress; that the Applicant will be requesting a variance from the standard landscaping requirements due to the limited parking aisles; that the Applicant will be working with the Ada County Highway District regarding their requirements. 22. That Steve Sweet, the project's engineer, testified that this entire 12 acre site includes a number of businesses in the FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 8 • Cherry Plaza including Albertson's and a bank in the store, and Pioneer Federal Credit Union; that the Applicant, Cherry Plaza Associates, has previously come before the City with a request for a resubdivision and the outcome of that process was that the Applicant agreed to provide a plat on the 9 acre parcel and bring in the 3.6 acres into the City; that following the resubdivision, Albertson's purchased Lot 2 and that Albertson's and Cherry Plaza Associates are Applicants in this subdivision; that the proposed site to be annexed is vacant; that north of the site is LaPlaya Manor, that the Five Mile Drain is a shared boundary and to the north and west is Horizon Day Care; that the Applicant will be asking for a variance in providing some compact [parking] spaces, a little bigger than 7.5 feet along Fairview behind a landscaping strip. 23. Mr. Beeson added that where proposed Lot 4 comes back, or north, except for the frontage of where U.S. Bank was, is owned by the Applicant and there is a recorded easement; that when Albertson's remodeled they made a deal with U.S. Bank to add 18 parking spaces to the area north of where U. S. Bank stood but that the 18 stalls are not included in the 423 total spaces. 24. There was no other testimony given. 25. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been followed. CONCLUSIONS FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 9 • 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicants' property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the City Planning and Zoning Commission has judged this annexation and zoning application under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 10 • 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways. 10. That the Applicant has not stated or represented any specific development plans for the parcel. 11. That, as a condition of annexation and the zoning of C-C, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address, among other things, the following: 1. Inclusion into the development of the requirements of 11- 9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. c. H, Public Sites and Open Spaces. d. R, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. 2. Payment by the Applicant, cr if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City. 3. Addressing the subdivision access linkage, screening, buffering, transitional land uses, traffic study and recreation services. 4. An impact fee to help acquire a future school or park sites to serve the area. FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 11 • 5. An impact fee, or fees, for park, police, and fire services as determined by the city. 6. Appropriate berming and landscaping. 7. Submission and approval of any required plats. 8. Harmonizing and integrating the site improvements with any existing residential development. 9. The sewer and water requirements. 10. Traffic plans and access into and out of the development. 11. And any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing as required under the Meridian Comprehensive Plan. 12. That Section 11-2-417 D of the Meridian Zoning Ordinance states in part as follows: "If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. ."; that since the enactment of the above section, the City has found that it is difficult for the City and the Applicant to enter into a development agreement prior to annexation; that it is therefore concluded that a development agreement shall be entered into, dealing with the matters set forth in the preceding section prior to issuance of a building permit. 13. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian. 14. It is further concluded that the comments, recommendations and requirements of City of Meridian Departments, FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 12 • • the comments of Shari Stiles, Planning and Zoning Administrator, the comments of Bruce Freckleton, Assistant to the City Engineer, and other governmental agencies, will have to be met and complied with. 15. That the Applicant and all users of the property shall meet and comply with all of the Ordinances of the City of Meridian, specifically including the water and sewer requirements, Fire Code, Fire and Life Safety Code, and the Uniform Building, Electrical, Mechanical, and Plumbing Codes. 16. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. 17. That proper and adequate access to the property is available and will have to be maintained. 18. That these conditions shall run with the land and bind the Applicant and its assigns. 19. With compliance of the conditions contained herein, the annexation and zoning of Community Business District (C-C), would be in best interest of the City of Meridian. FINDIN(i3 OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 13 • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS / The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP COMMISSIONER OSLUND COMMISSIONER SHEARER COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) VOTED Gam. VOTED VOTED l~/~ ~~~ J VOTED / DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the property be required to meet the comments of the Meridian Departments and the other governmental agencies. MOTION: APPROVED: ~/ ~~/ ` ~~° DISAPPROVED: FINDINGS OF FACT AND CONCLtTSIONB OF LAW/CHERRY PLAZA Page 14 t ~' v,~tLLIAM G. BF_RG, JR., City Clerk .~ANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FA.X (208) 887-4813 Public Works/Building ixpertment (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: Seg_tember 3. 1996 TRANSMITTAL DATE: 8/19196 HEARING DATE: 9110/96 REQUEST: Annexation and Zonin request BY: Cherrv Plaza Associates LOCATION OF PROPERTY OR PROJECT:. NE comer of Fairview and North Meridian Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z -KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER -MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8r FINE4L PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT' SETTLERS IRRIGATION DISTRICT IDAHO POWER C0.(PRELIM & FINAL PLAT) U.S. WEST(PREUM 8r FINAL PLAT) INTERMOUNTAIN GA ( ELIM & FINAL PLAT') _ ._ BUREAU OF REC N( ELI PLA'n CIl"Y FILES OTHER: YOUR CONCISE RE KS: IVED Aug 2 0 ass (:I'TY OF MERIDUN HUB OF TREASURE VALLEY ~!+LLIAM G. BERG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF 1V~RIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Depenment (208) 887-2211 Motor VehicleJDrivers I.icease (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P ~ Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations wilt be considered by the Meridian Planning 8~ Zoning Commission, please subrnit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: Seatember 3, 1996 TRANSMITTAL DATE: 8/19/96 HEARING DATE: 9/10/96 REQUEST: Annexation and Zoning request BY: Cherrv Plaza Associates LOCATION OF PROPERTY OR PROJECT: NE corner of Fairview and North Meridian Road JIM JOHNSON, P2 MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C -GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNpVG ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) , U.S. WEST(PRELIM 8r FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) 8UR°r4U OF RECLAMATION(PRELIM & FINAL PLAT) CIT t' FILES OTHER: ~ - a2 D -' ~ ~~_ YOUR CONCISE REMARKS: ~ r c i ~- h/ ~: 2 iE Amp f w: ~ CITY PLANNER A/n f h p v .Q t4 1'Y~ •a ••.~-;_ , ; ~ s ru ru ~ ~ ~.- caw `~~a~~~ 10/07/96 16:06 '$208 345 7650 ACRD -~~-- CITY MERIDIAN X006/012 ADA COUNT'Y' HIGHWAY DISTRICT ~ ~~~ - ~ ' ~ ~-~ ~- Development Services Division , :~~ ~fa`- Development Application Report ~, Preliminary Plat & Annexation -First Street Plaza/MPP-1496/MA-3-96 First Street Plaza is a 4-lot commercial subdivision on 12.6 total acres. The applicant is also requesting annexation of 3.54acres with a change of zoning designation from RT to Cfir. The site is located on the northeast corner of Fairview Avenue and Meridian Road. Assuming complete commercial development, the 3.5Macre annexation pazcel is estimated to generate 2,3$0 additional (8,820 total) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. However, the applicant is proposing no new development with this application. Roads impacted by this development: Fairview Avenue Meridian Road ~~ ACRD Commission Date -October 16, 1996 - 12:00 p.m. OCT 07 '96 15 54 208 345 7650 PAGE.06 10/07/96 16:0? $208 345 7650 Facts and Findings: A. General Information ACHD CITY MERIDIAN X007/012 • ~R,9pT Owner -Cherry Plaza Associates, LLC Applicant -Christopher J. Beeson RT -Existing zoning C-C -Requested zoning 12.60 -Acres total, including the 3.54-acres requested for annexation 4 -Commercial lots n/a -Square feet of existing building 264 -Traffic Analysis Zone (TAZ) West Ada County -Impact Fee Benefit Zone Western Cities -Impact Fee Assessmem Disuict Fairview Avenue Principal arterial with bike route designation Traffic count 18,966 on 6/16/93 650-feet of frontage 80 to 100-feet existing right-of-way (40-feet north of section line) 95-feet required right-of-way for an additional lane (53-feet north of section line) Fairview Avenue is improved with five lanes with curb, gutter and sidewalk. Meridian oad Minor arterial with bike lane designation Traffic count 13,655 on 9/20/93 58S-feet of frontage 50 to 80-feet existing right-of way (40-feet east of section line for approximately 60-feet at Fairview Avenue, tapering to 36-feet at the north boundazy of the site) 90-feet required right-of way fora 5-lane constrained corridor (45-feet from centerline) Meridian Road is improved with five lanes with curb at the intersection, gutter and sidewalk tapering to three lanes at the north boundary of this site. The centerline of Meridian Road is currently offset approximately IS-feet to the west of the section line abutting the majority of the site. B. The existing commercial development does not meet Meridian's required amount of pazking spaces. Staff is recommending that additional right-of--way be dedicated on both Meridian Road and Fairview Avenue, which wiA eliminate parking spaces when the streets are widened in the future. The City of Meridian is requiring the applicant to provide landscaping as a condition of the subdivision approval. F'1RSTSTR. WPD Page 2 OCT 0? '96 15 54 208 345 ?650 PAGE.O? 10/07/96 16:07 x`208 345 7650 ACRD ~~~ CITY MERIDIAN ~ 008/012 Until the streets are widened, the parking spaces in the new right-of--way could contimue to be used through a license agreement with the District. On the positive side, the required landscaping would be located outside of the future roadway, and would not have to be relocated when the streets are widened. ~" Staff is recommending using the constrained corridor width on Meridian Road due to the Q location of a below grade docking ramp for the Albertson's store on the west side of the a building that would be very expensive to relocate. The near comer of the docking ramp is 8 to 10-feet from the current right-of-way line. The parcel at the northwest corner of Meridian Road and Fairview Avenue is currently undeveloped and the current centerline is offset 15-feet west of section line in this area. In view of the complicating factors, staff recommends that a minimum of 5 additional feet be dedicated along Meridian Road abutting the subject site. C. There are five existing driveways to the site -three on Meridian Road and two on Fairview Avenue. Two of the driveways closest to the Meridian Road/Fairview Avenue intersection do not meet District policy, which requires 220-foot of separation from the nearest cross street. D. The driveway on Meridian Road located 154-feet north of the Fairview Avenue/Meridian Road intersection does not meet District's requirements. Staff recommends a variance to allow the use of the existing driveway, provided the applicant restrict the driveway to right turns only and construct a 6-inch raised median in the center of Meridian Road from the Fairview Avenue/Meridian Road intersection to a point 50-feet beyond the northern edge of the driveway. 1/. There is a driveway on Fairview Avenue, located 157-feet east of Meridian Road. This driveway does not meet District's requirements. Staff recommends a variance to allow the use of this existing driveway provided the applicant restricts it to right turns only and reconstructs it as a curb return driveway with 15-foot curb radii. The applicant should be required to construct a 6-inch raised median, in the center of Fairview Avenue, from the Meridian Road stop bar to the western end of the existing median to prohibit left turns. F. District policy states that direct access to arterials and collectors is normally restricted and that the developer shall try to use combined access points. In accordance with District policy the applicant should. be required to provide a recorded cross access easement for the pazcel to the east (if not previously provided) and all internal lots to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). The District intends to require a similar agreement of the owners of the pazcel to the east if they are the subject of a future development application. FIRSTSTR.WPD Page 3 OCT 07 '96 15 55 208 345 7650 PAGE.08 $208 345 7650 ACRD --~-~ CITY MERIDIAN ~ 009/012 • • C. District policy requires the applicant to construct a pedestrian ramp at the northeast corner of Fairview Avenue and Meridian Road. The construction of the pedestrian ramp should comply with ADA standards. Construction of the pedestrian ramp should be coordinated with District Staff. H. There is asub-standard pedestrian ramp located at the northwest corner of Fairview Avenue and E. 1st Street (on the west site of the signalized entrance to the mall area) that is in conflict with an existing utility pole and utility box. The applicant should relocate the pedestrian ramp to reduce the conflict with the utility pole and box. The pedestrian ramp should be constructed in compliance with ADA standards. Coordinate the construction and location with District Staff. I. The applicant has a curb cut driveway on Meridian Road located approximately 554-feet north of Fairview Avenue. The applicant should replace the curb cut driveway on Meridian Road, with a 30-foot wide curb return driveway with 15-foot curb radii abutting Meridian Road because Meridian Road is an arterial. 7. The curb return driveway on Meridian Road, located 354-feet north of Fairview Avenue, meets District policy. K. ACIiD's Park & Ride Division Staff have indicated the need for a park and ride location at the applicant's site. The District requests that applicant grant the District an easement for a 10 to 12-space Park & Ride azea at this site. Coordinate the location with District Ride Share staff (345-POOL). L. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this gazcel. M. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following requirements are provided as conditions for approval: Special Request of the Applicant: The applicant has indicated that pazking at this si[e is limited. District Rideshare staff has indicated a flexibility in the location of the easement (i.e., behind the building in the vacant lot) for a park and ride site. The District would be very appreciative if the applicant granted the District an easement fora 10 to 12-space Park & Ride area. Coordinate the location with District Ride Share (345-POOL). DRAFT FIRSTSTR.WPD Page 4 OCT 0? '96 15 56 208 345 7650 PAGE.09 '8`208 345 T650 ACRD -~-~-- CITY MERIDIAN (71010/012 DRAFT Site Specific Requirements: 1. Dedicate 53-feet of right-of--way north of the section line of Fairview Avenue abutting the parcel (13 additional feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for this additional right-of--way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of--way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #158. 2. Dedicate 45-feet of right-of--way east of the section line of Meridian Road abutting the parcel (5 to 23-feet additional) by means of recordation of a final subdivision plat or execution of a warranry deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for this additional right-of--way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #188. 3. Provide a recorded cross access easement for the parcel to the east (if not previously provided) and all internal lots for access to the public streets prior to issuance of a building permit (or other required permits). The District intends to require a similar agreement of the owners of the parcel to the east and the internal lots if they are the subject of a future development application. 4. Construct a pedestrian ramp at the northeast corner of Fairview Avenue and Meridian Road, abutting the site. The construction of the pedestrian ramp shall meet ADA standards. 5. Relocate the pedestrian ramp at the northwest corner of Fairview Avenue and E. 1st Street to reduce the conflict with the pedestrian ramp and the existing utility pole and box. Coordinate the construction and relocation of the pedestrian ramp with District Staff to meet ADA standards. 6. Replace the curb cut driveway on Meridian Road, located approximately 554-feet north of Fairview Avenue, with a standard 30-foot wide curb return. with a 15-foot radii. 7. Restrict the curb return driveway on Meridian Road, located approximately 154-feet north of Fairview Avenue, to right turns only. Coordinate appropriate signage with District Staff. Replace the curb cut driveway on Fairview Avenue, located approximately 157-feet east of Meridian Road, with a standard curb return driveway with 15-foot curb radii. The driveway shall be restricted to right turns only with appropriate signage. 9. The curb return driveway on Meridian Road, located 354-feet north of Fairview Avenue, is approved. F1RST3TRWPD Palle 5 OCT 0? '96 155? 208 345 ?650 PAGE. 10 $208 345 7650 ACRD -~~-- CITY MERIDIAN ~ 011/012 • • 10. Construct a 6-inch raised median in the center of Fairview Avenue, from the western edge of the driveway to the existing median on Fairview Avenue, to prohibit left hand turns at this driveway. Coordinate the design of the median with District Staff. 11. Construct a 6-inch raised median in the center of Meridian Road from the Pairview Avenue/Meridian Road intersection to a point 50-feet beyond the norkhecn edge of the driveway to prohibit left hand turns at this driveway. Coordinate the design of the median with District Staff. 12. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future developmen[ of this parcel. Standard Ytequirements: I. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACRD Development Services Supervisor. The req~iest shall specifically identify each requirement to be reconciderPrl and ;n~lnrtP a uvri~rPr~ explanation of why such a requirement would result in a suhst?ntial hardshin or ineq, ~i The written request shall be submitted to he District no later th n 9.00 a m on the day scheduled for ACRD CQmIDissior>_~~a. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACRD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two days of the action and shall include a minimum fee of $110.00. 'T1i.~renuest for reconsideration shall ~ tally identi each requirement ~~ reconeidered and include written documentation of data that was not available to he o miccion a he ime of it riginal de~icion The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. FIRSTSTRWPD Pale 6 OCT 0? '96 15 58 208 345 ?650 PAGE. 11 16:11 $208 345 T650 ACRD ---~a CITY MERIDIAN ~ 012/012 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pwsuant to the law in effect at the time the change in use is sought. Conclusion of Law: 1. ACHD requirements are intended to asswe that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Development Services Division at 345-7662. PrRSTSTR.wYD Page 7 i Ada Planning Association 413 W. Idaho, Suite 100 Boise, ID 83702 (208) 345-5274 Fax (208) 345-5279 APA Serving Governments in Ada County Since 1977 MEMORANDUM I~~C~~'V'EI~ TO: Will Berg, city clerk SEF - 3 1996 City of Meridian ~--~ CITY QF ~tERiDIAN FROM: Ma ardison, Technical Analyst DATE: Augu 30, 1996 Re: Annexation/Zoning Request -Fairview Avenue/North Meridian Road APA staff reviewed the proposed annexation and zoning request for property located at the northeast corner of Fairview Avenue and North Meridian Road. The proposed commercial development is in the vicinity of residential development. As such, APA recommends sidewalks be incorporated into the site plan to link the proposed buildings as well as link the buildings with the sidewalks on the major roadway. These sidewalks would minimize conflicts between pedestrians and vehicles and encourage residents in the neighborhood to walk to this development. We would also recommend bicycle parking be incorporated into the development. Should you have any questions, please contact me. MH:JL MH\DEVREV\MERIDIAN\FAIRMERID.ZON pc: Sheri Stiles, City of Meridian File 540.09 City of Meridian Ada County Highway District, Ada County, Cities of Boise, Eagle, Garden City, Kuna, and Meridian Boise Auditorium District, Boise Independent School District, Meridian Joint School District, and Boise State University F;qual Opportunity/Affirmative Action F.'mplover I'rintril un Rc~~crli'rl I'a~~or CENTRAL CE L DISTRICT HEALTH DEPAR ENT •• DISTRICT Environmental Health Division ''It H EA LT H '~~~~~~'~~' Ret ^ Boise DEPARTMENT Al1G 2 ? 1g3S ^ Eagle Rezone # ~iV~~r,47~v</ ~r~ ~y~rig,~ CITY OF MER1DlAN ^ Garden city .~~leridian Conditional Use # ^ Kuna Preliminary /Final /Short Plat ^ qCZ ~. I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Street Runoff is not to create a mosquito breeding problem. ^ I I. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ~, 15. ~-~-x~2M w~i~K ~c~.l~t>,-<.ti ~T ~S'~a~~G~ /NCLudc 7~c Date: ~ / ~--/ ~<v (~ SE o 1= 62erSS~f S wA-~S or/,~r 7a s~/8c~~ ~•9cr¢ _ Reviewed By: - ~.S Cli /a'7'-G ~ w (DHD 10/91 rtb, rcr. I/95 CENTRAL •• DISTRICT ~t'~' H EA LT H ,~ . , 375.52„ . FAx: DEPARTMENT MAIN OFFICE ~ 107 N. ARMSTRONG PL BOISE. ~~• 83 0108 327-8500 To preoent and that disease and disability; to promote healthy l~ jestyles; and to protect and promote the health acid quality of our erwtr+~nmant. STORMWATER MANAGEMENT RECOMN~NDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: ,1) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho Regional Office, September 1995. 2) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992. 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT. ~~ Saving Valley Elnwne, Boise and Ada Counties Ado / Iota Cash ~~ ~ ~' ~b0n anon ~1' OAes EYnas Cash Once ol6rvhansMr~lat Msa6h Vo6ett Catsllt OW P.O. Boz 1116 10] K Mhhonq PL 1406 Roberts 520 E Ilb Sheet K 10 Manldn tbrne 190 5, dlh Sheet E McCd 0.6~6~6 Boas. D. 6J701 goes. tD. 8J70S PR JSIJJSS . . bJ647 Rr. SI)-440] Mou~tan t•tome. tD. PR is]4.7i91 Ftwio. Hsalpt J2I•)499 D 714 Meriden t13e47 Ph 567.9225 Fancy Plorr~ltt~ 711.1400 . . Mrxrrmolbrte J21J450 8J642 Ph. OB6•a525 HUB OF TREASURE VALLEY ~ COUNCIL MEMBERS 7 `vVILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA EE C GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 8364 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887~~~ ~ ~~](~ D JtM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 v L~ TIM HEPPER Motor Velricle/Drivers License (208) 888 BUG 2 ~ 1996 JIM SHEARER GREG OSLUND ROBERT D. CORRIE NAMpA $ MERIDIAN MALCOLM MACCOY Mayor IRRIGATION DISTRICT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Cleric by: September 3, 1996 TRANSMITTAL DATE: 8/19/96 HEARING DATE: 9/10/96 REQUEST: _ Annexation and Zoning request BY: Chenv Plaza Associates LOCATION OF PROPERTY OR PROJECT: NE comer of Fairview and North Meridian Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C W4TER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH ~AMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM ~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8r FINAL PLAT) BUREAU OF RECLAMAT'7N(PRELiM & FINAL PLAT] CITY FILES OTHER: YOUR CONCISE REMARKS: Natnpa & Meridian rrigation District has no cotttment on the above referenced apple anon. Sincerely, Bill Henson, Asst.Water Superintendent IEIQ s E P - 5 ~sss t~'i'Y OF IHERIDIAI~ • ~ ^^ ^^ Quadrant Ootober8, 1996 Consulting, Inc. Ms. Shari Stiles Planning & Zoning Administrator City of Meridian 33 E. Idaho Meridian, 1D 83642 Re: Post-it" Fax Note 7671 ~ ~ - To ~~~ ~T/4 F~ s .~fv i CoJDept. L.~4G.~~/O/A7lJDLrQrt/N C Fax # ~ ~/ Fax # ~ -~~ First Street Plaza Request for Annexation and Zoning and Preliminary/Final Plat Dear Shari: Per our discussion this morning, the following is the applicant's revised response to the staff memorandum of September ] 2, 1996, concerning the First Street Plaza annexation, zoning and platting. This letter summarizes recent site background history and responds to the points of concern raised in the memo. RECENT SITE BACKGROUND On March S, 2996, the Meridian City Council heard an application by Cherry Plaza Associates for a Re-Subdivision. The request was made seeking approval for splitting of the existing Cherry Plana parcel into two separate lots, per the Meridian Subdivision and Development Ordinance, Section 9-604 A. During the application hearing, Councilman Morrow moved (with a second by Councilman Bentley) "that we offer an 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 and annexation process with the City of Meridian." Following the Council's endorsement, Quadrant Consulting recorded a Re-Subdivision (Record of Survey No. 3538, Instrument No. 96037273) with the Ada County Recorder on May 3, 1996. Subsequently, Albertson's has purchased their site from Cherry Plaza Associates and the deed was recorded as Instrument No. 96037277, again on May 3, 1996. The annexation and plat applications currently before the City fulfill the representations made by Cherry Plaza Associates to the Council concerning the previous request for approval of the Re- Subdivision. The applicants desire to culminate this process with approvals which result in an annexation, zoning and a plat which satisfies bath the City of Meridian and their respective organizations. "Through the annexation, zoning and platting process, the intention of the applicants is to maintain the current uses on the present shopping center site with only minor modifications, avoiding any undue hardship for uses which were commenced prior [o the adoption of the City's Zoning and Development Ordinance. Acceptable modifications include adding some landscaping on site and improving the site traffic circulation, as requested by the City. Both of these modifications will be acceptable to the applicants, only if the site parking can be maintained, at the same number of car parking ~-rafts and at a reasonable expense. Finally, the applicanu are operating with the understanding that the majority of these conditions, other than landscaping, parking and tiling of the Settlers Canal, will only apply when the undeveloped land to he annexed undergoes development in the future. 405 S. 8th Street, Ste. 295 Bosse, ID 83702 Phone (208) 342-opal • Fox (208) 342-0092 • Internet: quadrant®mlcrpn.net Civil En®tneering Surveyln0 . Conshucflon Monogement OCT 08 '96 160? 208 342 0092 PAGE.01 Ms. Shari Stiles October 4, 1996 . • ~ ~ Page 2 ~~~C In response to the Staff memorandum of September I I , 1996, the following comments are offered: ANNEXA.TiON & ZCZNTNG 1. L,e~.l Descriptioxt This condition appears acceptab)ee to all parties. 2. Conditional tJse a. For development of the parcel for which annexation and zoning is requested (other than the minor portion being platted as a part of Preliminary Plat Lot 2), the applicants agree to undergo a conditional use process. b. La Playa Manor and Five Mile Drain i. Subject to the normal requirements under the subdivision and zoning ordinances, for La Playa Manor the applicants agree to provide a setback and screening per code (Section 2-414 D.2.C), upon future development of the parcel to be annexed. ii. Within the portion of the Nampa Meridian irrigation District's Five Mile Drain required easement controlled by the applicants, no physical encroachment wit l be constructed which would interfere with NM1D rights. Upon development, landscaping oc some other suitable form of bui~ering, will be constructed as approved under the conditional use process. This would be subject, of course, to NM1D approval. 3. pevelopment greement The applicants agree to reach a development agreemern with the City prior to proceeding with development of the Preliminary Plat Lot 1. The applicants also understand that no development agreement requirements would be applicable to the presently annexed site (Preliminary Plat Lots 3 and 4. Finally, since the majority of Preliminary Plat Lot 2 is currently annexed to the City and the small unannexed portion is already improved as a parking lot, the applicants request that no development agreement is required for Preliminary Plat Lot 2. See the discussion under Irrigation and Drainage Ditches, below. PR~.iMINARY/FTNAL P AT GENE I. Tr,~rixafon and Drainane Ditches The applicants find that a platting requirement to continue the extension of the tiling of the Settlers Cana (approximately ] 60 lineal feet) is a reasonable request, and is an acceptable condition, provided that if the canal is fully tiled, Preliminary Plat Lot 2 will not be subject to a development agreement as a condition of annexation. The applicants are also of the opinion that this requirement is not applicable to the Five Mile Drain, which is designated as a Multiple Use Pathway in the Meridian Comprehensive Plan and generally within the La Playa Manor Subdivision. The Settlers Irrigation Ditch on Preliminary Plat Lots 2 and 3 has previously been buried, and no additional improvements are contemplated or anticipated with the current applications. 2. Existing Domestic Wells andlor Septic S~ystem_.s_ The applicants are unaware of any domestic wells or septic systems on the property. Therefore, this condition is acceptable. OCT 08 '96 16 08 208 342 0092 PAGE.02 Ms. Shari Stiles . October 8, 1996 • ~ ~ Page 3 ~~(~ 3. Seasonal High Water Elevation Prior to development of the parcel to be annexed, the applicants agree to submit a profile of the subsurface soil conditions, including seasonal high groundwater elevation. 4. Hydraulic Model ' The applicants agree that water service to future development will be contingern upon the City's hydraulic model. The applicants further are of the understanding that the existing development will continue to be served with adequate capacity for uses in place today. 5. FEMA Floodplain Boundaries/Preliminarv Plat The FEMA Floodplain Boundaries will be added to a revised preliminary plat. 6. C n ecutiv umberin The lots will be renumbered so that consecutive lots abut each other. 7. PlatPlat Both pages of the final plat will be sealed by a professional land surveyor. S. Certificate of Owners/Acknowledgg~ent The Owners will execute the Certificate of Owners and the Acknowledgments wilt be notarized in accordance with Code. 9. Ada County Street Name Committee ApyrovaI A letter of approval from the Street Name Committee will be submitted. 10. Written Res~o se Z'his letter satisfies the requirement. PRELIMTNARY/F1NA1. PLAT S1TE SPECIFIC_COMMENTS 1. S~nit~$gwer Service a. Easements The existing sewer main system has been previously located in the field Existing City easements and locations as verified in the field will be depicted upon the revised preliminary plat. b. Future Service The existing developed site is presently served by the City of Meridian. The applicants are of the understanding that service to the site will continue. The applicants also understand that future development of the annexation parcel is contingent upon the City's ability to accept additionally generated sanitary sewage. 2. Water Scrvicc a. Easements The existing water main has been previously located in the field. Existing City easements and locations as verified in the field will be depicted upon the revised preliminary plat. b. Main Routing Routing of the mains and any relocations as necessary to accommodate future development will be coordinated with the City's Water Superintenderrt. OCT 08 '96 16 08 208 342 0092 PAGE. 03 Ms. Shari Stiles October 8, 1996 . • ^ ~ Page 4 ^^^~ c. Fire Hydrants b~! Fire hydrant locations will be depicted upon the revised preliminary plat. 3. Historical Water Consum 'on An y.~iS,/As,ees ent Aoree~ent A letter will be submitted to the City Engineer requesting a consumption analysis of water and sewer for the existing site. .The applicants will work with the City toward developing a mutually suitable Assessment Agreement with the respective lot owners_ 4. Pressurized Irrigation The revised preliminary plat will include a plan depicting pressurized irrigation and a proposed source. Upon evaluating the most recent title report, we believe no valid water rights are appurtenant to the property. For the currently developed area (Preliminary Plat Lots 3 and 4, plus the developed portion of Lot 2), the applicants propose to utilize a new meter connecting to the existing domestic water supply. For Preliminary Plat Lot I,the applicants will attempt to obtain a water right to utilize an irrigation source frornihe l=ive Mile Drain. 5. Detailed Lighting P an No new lighting is proposed for the Biter hence, a detailed lighting plan will not be submitted for the site. 6. Landscaping and Parking a. Landscaping The applicants are requesting a variance from the Design Standards for Off-Street Parking, particularly the requirement for one tree per 1,500 square feet of pavement area. In concept, the applicants will propose to include at least one three-inch caliper tree per cwbed traffic island and as recommended by a licensed landscape architect for a landscape strip along Fairview Avenue/Cherry i.ane. The site presently contains some landscaping in the vicinity of the credit union. The applicants intend to submit a landscape plan for astaff--level review and approval. The plan will be designed to be: a) compatible with the existing plantings, b) enhance the City's entryway corridors (Meridian Road and Fairview Avenue), c) maintain compatibility with any plans to improve site circulation, and d) maintain the same number of car parking stalls on-site. b. Pazking The applicants will prepare a revised parking plan for the site which will be designed to: a) improve site circulation, b) maintain compatibility with the landscaping plea, and c) maintain the existing parking count. Cwc~ent on-site parking count is 423. Current gross building area is 121,783 square feet. Since the Cherry Plaza Shopping Center was lawfully erected and in use prior to the effective date of the City's Zoning Ordinance (Apri12, 1984), the applicant does not contemplate having to meet the cwrent parking Ordinance, as parking is maximized on the site as is today. This scenario was apparently contemplated when the City adopted the Change of Use provision under Section 2-414 A 2. OCT 08 '96 16 09 208 342 0092 PAGE.04 Ms. Shari Stiles October 8, 1996 • • ~ ~ Page 5 ~ r ~C 7. Sigmas t1 pylon sign exists which possibly could be considered anoff-premise sign under the existing Zoning and Development Ordinance. The applicant proposes to maintain the existing sign as it was generally constructed at the date of applications for annexation and subdivision. A cross-use easement concerning the sign between the applicants has been previously recorded and will be noted on the final plat 8. Section Line RoadBig -of-Wav The project has previously provided right-of--way dedications as requested by the ACRD Commission. Subject to acceptable conditions of approval, the applicants will comply with the ACHD's requirements. 9. Site Drainage Modifications an or Additions No site drainage modifications or additions are contemplated at the time of application. The conditions requested by the CDI3D will be applied to any future development as appropriate. !0. Final Plat Notes The applicants agree to place notes on the final plat concerning: a) setbacks, b) rc-subdivision of lots, c) irrigation/drainage facility maintenance, and d) footings. 11. Settlers Ca,nalEasement No recorded easement has been located for the Settlers Canal. Mairnenance of the buried canal is the responsibility of the owner of the lots through which the canal passes. The applicants will attempt to develop a mutually agreeable easement between the Irrigation District and themselves which can be recorded on the final plat. 12. Recipmcal Easement A¢ze went The Owners have entered into a Reciprocal Easement Agreement for easements for cross access, cross parking, and cross utility easements, as well as maintenance of the same. A copy will be provided to stafffor project records prior to the City Engineer's signature on the final plat. The instrument number of the agreement will be noted on the final plat. This ends our discussion on the points covered in the Staff memo of September 11, 1996. Thank you for this opportunity to respond. Sincerely, QUAD// T/ C////ONSULTING, INC. Steph~H. Sweet, PE Principal cc: Rick Clark, Cherry Plaza Associates (Fax: 345-9228) Chris Beeson, Cheny Plaza Associates (Fax: 338-1201) .fason O'Very, Albertson's (Fax: 385-6888) Brad Bcckstrom, Hawley Tmxcll L•nnis & Hawley (Fax: 342 X829) F~~ c:v~~eocon~.wrn OCT 08 '96 16 09 208 342 0092 TOTAL P.05 PAGE.05 armor m .. ee..Y w-.-u arv~w [I =,pp • .l lIY/ t100-1K (IOlJ 7Nd4.1100-LK (WL) ~ :311YN 37U 9NMYN0 'ON 1~31'Otld :31Y95 run .uw '.rw ter •rs vro Yr•t for o~01 NYwa3w ~~u~ '6uil~nsuo~ NV'id NOlld7r1~~110 '~ ~u~apon~:: b'Zdld ~lhll~3H~ ,~, :. uro ~o ~.~~~~ a J OYO?i NYI0183A1 H,L?!ON DEC-17-1996 16 12 QURDRRNT CONSULTING, INC. -~ December 17, 1996 208 342 0092 P.01 ^^ ^^ quadrant Consulting, Inc, IiECENED Ms. Sham Stiles Meridian City Planning and Zoning Department 33 East Idaho Avenue Meridian, ID 83642 Via Fax No: 887~i813 (>< page) CITY OF 1~ERIDIAN Re: Cherry Plaza -Annexation and Preliminary Plat Dear Shari: DEC 1 7 1996 On behalf of the owners of the project referenced above, Quadrant Consulting respectfully requests that the public hearing for this project be continued to January 7, 1997. This extension is necessary, because final conditions of approval for this project have not yet been received from ACRD. Thank you for your consideration. Sincerely, QUADRANT CONSULTING, INC. Ch Christensen, P.E. Project Manager 405 S. Bth Street, Ste. 295 Boise, ID t33702 Phone (208) 342-0091 fax (208) 342-0092 Internet: quodront®micron.net Clvlt Engineering • Surveyln~ Constriction Mcna~emenf DEC 17 '96 17 13 208 342 0092 TOTAL P.01 PAGE.01 Meridian Planning & Zoning Commission November 12, 1996 Page 6 the applicant's (inaudible). Johnson: Any further discussion? All those in favor of the motion? Opposed? MOTION CARRIED: 3 Yea, 1 Nay ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO C-C BY CHERRY PLAZA ASSOCIATES: Johnson: You have the findings of fad and conclusions, is there any discussion? Is there a motion? Shearer: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions of law. MacCoy: Second Johnson: Motion and second to approve the findings of fad as prepared, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Yea, Shearer -Yea, MacCoy -Yea MOTION CARRIED: All Yea Johnson: Any decision or recommendation you wish to pass on to the City Council at this time. Shearer: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the rezone request by the applicant for the property described in the application with the conditions set forth in the findings of fad and conclusions of law and the property be required to meet the comments of the Meridian departments and other governmental agencies. Borup: Second Johnson: We have a motion and a second to pass the recommendation on as stated by Commissioner Shearer, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: PRELIMINARY PLAT FOR FIRST STREET PLAZA BY CHERRY PLAZA ASSOCIATES; TABLED OCTOBER 8, 1996: • MERIDIAN PLANNING & ZONING COMMISSION MEETING: November 12.1996 APPLICANT: CHERRY PLAZA ASSOCIATES AGENDA ITEM NUMBER: 6 REQUEST; FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION/ZONING TO C-C 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 MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS ~ ~~~ ~, ~~ ~~ a ~~ r~°~ Q ~B ~ ~ l ~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. r MERIDIAN PLANNING & ZONING COMMISSION MEETING: OCTOBER 8 1996 APPLICANT: CHERRY PLAZA ASSOCIATES AGENDA ITEM NUMBER: REQUEST; PUBLIC HEARING CONTINUED FROM SEPTEMBER 16 1996• REQUEST FOR ANNEXATION AND ZONING TO C-C AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: ~I CITY BUILDING DEPT: ~ ~~" MERIDIAN SCHOOL DISTRICT: V" MERIDIAN POST OFFICE: ~, 1' ~~ ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: o ~ ~ ~'' SETTLERS IRRIGATION: ' ~~ IDAHO POWER: ~~ US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~~' ~`p OTHER: 111 Materials presented at public meetings shall become property of the City of Meridian. r Meridian Planning & Zoning Commission September 16, 1996 Page 39 . MacCoy: You have just one? Persons: Yes we are providing a stub street to the west-and we will have a secondary emergency access easement across our lots, across Locust Grove. That lot will have a building restriction on it so we can't build on that until that stub street is punched through to provide for another access. MacCoy: I didn't check the road way sizes but is that going to meet your fire truck requirements? Persons: Yes they do. Johnson: Any other questions? Thank you, this is a public hearing, anyone here for this application? I will close the public hearing at this time. This is a preliminary plat. Shearer: Mr. Chairman, I move that we approve the preliminary plat. MacCoy: Second Johnson: We have a motion and a second to approve the preliminary plat, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO C-C BY CHERRY PLAZA ASSOCIATES: Johnson: I stated earlier there will be no presentation by the applicant, however since we have noticed the public if you are here to testify feel free to come forward and we would be glad to take yc±ur testimony at this time. I will now open the public haring? Is there anyone here for this application? No one is here, we have a request to table that to October 8. Shearer: Mr. Chairman I move that we continue the public hearing on October 8. Oslund: Second Johnson: Moved and seconded that we continue our public hearing on item 14 Shearer: And 15 ~ . Meridian Planning & Zoning Commission September 16, 1996 Page 40 Johnson: We can do both if you want, let me confirm, is there anyone here for item 15? Okay we are incorporating 14 and 15 in the motion, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A FAMILY ENTERTAINMENT CENTER BY SELECT DEVELOPMENT AND CONTRACTING INC.: Johnson: At this time I will open the public hearing and ask that the applicant or a representative of the applicant address the Commission. Becky Bowcutt, 1111 S. Orchard, Boise, was sworn by the City Attorney. Bowcutt: This is a conditional use application for a family fun center it is on the property owned by WH Moore Company that adjoins Interstate 84. This is Interstate 84 right here and if you go further south that is Overland Road to the east is Kuna Meridian Road, on our west boundary here is Mountain View Equipment. Let me show you this to give you a little better idea. This is the Interstate Center plat that came through the Planning and Zoning Commission not too long ago. We have done construction plans for the project and are proceeding forward with the subdivision. This particular project would be right here on this lot 5. So it would be tucked right in here. We are building this to ACRD standards with curb, gutter and sidewalk (End of Tape) additional roadway however it will be constructed in the second phase. Sewer is available right here, there is a sewer trunk line that we will be picking up and bring up here and pulling into the streets and water is available here we will be extending water down Overland Road to the western boundary and then pulling it down into the subdivision. This project has gone through Ada County Highway District, they have reviewed it and have made comments and done the staff report. Just to give you a brief little run down it will have a go cart facility that is right next to the Interstate 84. It will have bumper boats, miniature golf facility right here. We have this 14,400 square foot building here that will have arcade, snack bar, little party rooms, it will have offices associated with operation of the park. This facility right here is a batting cage, there is also a shop facility for maintenance. There are little kiddie bumper cars for small type children. Little kiddie electric cars here, there will be benches and planters. This area here will be concrete and then they have an area here for future expansion. AT this time they plan to have that grassed and have picnic benches and so forth. All of the traffic will enter right here at the top of this culdesac and then they have a parking facility here. They have allocated handicap spots and substantial parking areas. This will all be paved and striped according to the code. They have dumpsters that will be screened, there are two on each side here and here. The exterior here will be landscaped along track and then they will have landscaping here so we will have landscaping along that Interstate corridor. MERIDIAN PLANNING & ZONING COMMISSION MEETING: SEPTEMBER 16.1996 APPLICANT: CHERRY PLAZA ASSOCIATES AGENDA ITEM NUMBER: 14 REQUEST; PUBLIC HEARING• ANNEXATION20NING TO C-C FOR FIRST STREET PLAZA AGEN Y 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 MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS ~~ SEE ATTACHED COMMENTS I ,., SEE ATTACHED COMMEN S ,~J lY ~/ " All Materials presented at public meetings shall become property of the City of Meridian. ** TX CONFIRMATI~JR REPORT ** AS OF SEP 11 '96 ~1~13 PAGE.01 DATE TIME TO/FROM 09 09/11 21 11 208 342 0092 QFFIGALS WILLIAM G. BERG, JR., City Clsrk JANK:E L. GASS, Clty Treasurer GARY D. SMITH, P,E., Clty FEfglrreer BRUCE D. STUART, Water Wotk6 Supt JOHN T. SIiAWCROFT, WBI116 Water Supt. DENNIS J. SUMMERS, Perks Supt. SHARI L. STILES, P 8 Z Administrator PATTY A. WOLFKIFI, DMV $upaMBOr KENNETH W. BOWERS. Flre CBI01 W.L. "BILL" GORDON, PoBes Cnlel WAYNE G. CROOKSTON. JR., Atromey ROBERT D. CORRn? Mayor MEMORANDUM: To: PZ@:Z Commission/Mayor & Council From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator coyBC MFMA _RS WALT W, MORROW, Prasldem RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY {bMMISSION JIM JOHNSON, Chdlrmarl TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY September 11, 1996 Re: Request for Annexation and Zoning with PreliminarylFinal Plat for First Street Plaza (by Cherry Plaza Partners) We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: ANNEXATION & ZONING: 1. The legal description submitted with this application for Annexation and Zoning appears to meet all of the criteria required by Meridian City Resolution #158, and the Idaho State Tax Commission. 2. As a condition of annexation, all uses proposed for the area to be annexed shall be approved under the conditional use pemut process. Particular consideration will be necessary to buffer the adjacent residential use (La Playa Manor). Five Mile Creek is designated as a Multiple Use Pathway in the Meridian Comprehensive Plan. No encroachment of the existing easement is allowed. 3. A development ageement is required as a condition of annexation. PREL]MINARY / FTI~TAL PLAT GENERAL. CONIIVIENTS: Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped are to be shown on the Preliminary Plat. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Publio Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Ally existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells maybe used for non- domesticpurposes such as landscape imgation. CITY OF MERIDIAN ~ v~ ~;~ l e i ~l ~~ i s ,1 C. MODE MIN/SEC PGS CMD#t STATUS EC--S 01'50" 004 195 OK HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phoae (208) 888-4433 • FAX (208) 8874613 public Works/Buildiag Dcpamncnc (208) 887-2211 Motor Vthidr/Drivers Licease (208) B88r1443 C90PPIC6IN'P W MK:E N t:INN ISIPWAPP SEP-16-1996 16 52 QURDRANT CONSULTING, September 16, 1996 ^^ Quadrant Consulting.lnc. ~~~ SEP 1 61996 CITY OF MER1UlAl+i Mr. Jim Johnson, President Planning & Zoning Commission City of Meridian 33 East Idaho Meridian, ID 83642 Re: First Street Plaza Request for Annexation and Zoning PreliminarylFinal Plat Dear Jim: On behalf of Cherry Plaza Associates and Albertson's, Inc.; I am submitting a request to defer both the Annexation and Zoning and PreliminarylFinal Plat hearings, scheduled for this evening (Monday, September 16, 1996). Due to scheduling conflicts, we are unable to have representatives from both applicants present. Thank you for your consideration in this matter. Sincerely, QUADRANT CONSULTING, iNC. ~~~~ Stephen H. Sweet, Pir Principal Cc: Rick Clark, Cherry Plaza Associates (Fax: 345-9228) Chris Beeson, Cherry Plaza Associates (Fax: 338-1201) Jason O'Very, Albertson's (I~ax: 385-6888) Brad IIeckstrom, Hawley Troxell Ennis & Hawley (Fax: 342-3829) 405 5. 8th Street, Ste. 295 • Bode, ID 63702 • Phone (206) 3x2.0091 Fax (208) 342.0092 • Internet: quadrant®mlcron.net Gvil Enplneerlnp Surveylnp • Construction Monagement TOTAL P.01 SEP 16 '96 16 48 208 342 0092 PAGE.01