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W.H. Moore (Valley Center Market Place) PPFl{Ti~ OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney GRANT P. KINGSFORD Mayor GOUNGIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER 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:~utember 5 1995 TRANSMITTAL DATE: 8/21/95 HEARING DATE: 9/12/95 REQUEST: Preliminary Plat for VallekCenter Market Place BY: MJ H Moore Company LOCATION OF PROPERTY OR PROJECT: North Overland Road and West of Meridian Road JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, 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 & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ED At~G 2 1 1995 A Good Place to Live CITY O~ MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (20R) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 CITY OF MERIDIAN REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/ R FINAL P T PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 2 3 4. 5 6 Name of Annexation and Subdivision, Valley Center Market Place General Location, SE 1/4 Section 13. T.3N.. R 1W. Owners of record, Tower Associates Address, 654 Madison Ave.. New York. N.Y. ,Zip 10021 Telephone (212) 935-1331 Applicant, W.H. Moore Company Address, 8150 Emerald. Ste. 140. Boise. Id 83704 Engineer, Stan McHutchison Firm Briggs Engineering. Inc. Address, 1111 S. Orchard. Ste. 600. Boise. Id Zip 8 705 Telephone 344-9700 Name and address to receive City billings: Name W.H. Moore Company Address 8150 Emerald. Ste. 140. Boise. Id 83704 Telephone 323-1919 PRELIMINARY PLAT CHECKLIST: Acres 39.06 2. Number of lots 26 3. Lots per acre 1.33 Subdivision Features (1) R 4. Density per acre N/A 5. Zoning Classification(s) C-G 6. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification 20.67 AC Annex/Rezone requested 3/14/95 7. Does the plat border a potential green belt Possib~/ (Ten Mile Creek) 8. Have recreational easements been provided for Existing_sewer easement along Ten Mile 9. Are there proposed recreational amenities to the City No Explain 10. Are there proposed dedications of common areas? No Explain For future parks? Explain 11. What school(s) service the area Meridian School District, do you propose any agreements for future school sites No, Explain 12. Other proposed amenities to the City Central Water Supply Fire Hydrants Fire Department Central Sewer, Other , Explain 13. Type of Building (Residential, Commercial, Industrial or combination) Commercial 14. Type of Dwelling(s) Single Family,Duplexes, Multiplexes, other N/A 15. Proposed Development features: a. Minimum square footage of lot(s), 39.200 b. Minimum square footage of structure(s), N/A c. Are garages provided for, N/A square footage N/A d. Are other coverings provided for N/A e. Landscaping has been provided for ,Describe Landsca~~in~ will be addressed with a developmental Ip an (CU) f. Trees will be provided for N/A ,trees will be maintained N/A (2) 9 h Sprinkler systems are provided for N/A Are there multiple units N/A, Remarks Type, i. Are there special set back requirements Yes Explain Described in proposed development agreement j. Has off street parking been provided for Yes Explain The development will accommodate on site parkina k. Value range of property N/A I. Type of financing for development N/A m. Protective covenants were submitted No, Date Will be submitted prior to final >1 lat 16. Does the proposal land lock other property No, Does it create Enclaves No. STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. (3) u lad i ~ ~ ~ ~ i ~-~- 1 \ ~~~ ~ ~~ r •~ I ~ ~rR I ~~ I ~ ~ ~~ ~ a ~ C.. I a MTN. VIEW EQUIPMENT CO. I ~§^~ - _ _ i ~ UNPII.TtEO ,I N M A ~ a ~ I, s I ~~--~'$~~ ~~ ~ ll,l /,II° I I ~ ~ 1, ~ '~I s° , /~~ R, ~( ,,k , , Il l ~ I I(~,¢ ~ I C? 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DESCRIPTION OF PARCEL 1 FOR TOWER ASSOCIATES October 20, 1994 A parcel of land located in the Southwest 1/4 of the Southeast 1/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap marking the southeast comer of Section 13, T.3N., R.1 W., B.M., thence N 89°46'23" W along the south line of said Section 13, 1309.44 feet to the Southeast comer of the SW 1/4 of the SE 1/4 of said Section 13, the Real Point of Beginning of this description; Thence continuing along said south line N 89°46'23" W 799.58 feet to a point; Thence N 0°31'11" E 19.24 feet to a point; Thence N 1°03'11" E 340.95 feet to a point; Thence N 0°13'37" W 229.32 feet to a point; Thence N 0°38'59" E 228.87 feet to a .point; Thence N 1°19'50" W 21.81 feet to a point; Thence N 0°31'11" E 292.20 feet to a point on the southerly right-of--way of I-84; Thence S 89°33'35" E along said southerly right-of--way 385.48 feet to a point; Thence continuing along said southerly right-of--way S 85°44'44" E 419.99 feet to a point; Thence S 0°46'49" W 1101.44 feet to the Real Point of Beginning of this description. Said parcel is subject to a Kennedy Lateral easement and Overland Road right-of--way and other easements of record or of use. Said parcel contains 20.67 acres, more or less, of which 0.46 acres is right-of-way. Michael E. Marks, L.S. - 930912 f . ~ ~ DESCRIPTION OF PARCEL A/B FOR TOWER ASSOCIATES October 20, 1994 A parcel of land located in the SE 1/4 of the SE 1/4 of Section 13, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the southeast corner of Section 13, T.3N., R.1W., B.M., thence N 89°46'23" W 412.04 feet along the south line of said Section 13 (which is also the centerline of Overland Road) to the Real Point of Beginning of this description; Thence continuing N 89°46'23" W 897.41 feet to a point; Thence N 0°46'49" E 1101.44 feet to a point on the southerly right of way of I-84; Thence S 85°44'44" E 39.85 feet along the southerly right of way of I-84 to a point; Thence S 46°46'12" E 34.20 feet to a point; Thence S 67°45'31" E 350.76 feet to a point; Thence S 60°10'33" E 194.73 feet to a point; Thence N 45°33'43" E 17.75 feet to a point on the southerly right of way of I-84; Thence S 46°28'17" E 134.62 feet to a point of curvature on the southerly right of way of I-84; Thence along a curve to the left 256.12 feet, said curve having a radius of 431.97 feet, a central angle of 33°58'15", tangents of 131.95 feet and a chord of 252.38 feet which bears S 63°27'24" E to a point; Thence S 01°02'27" W 655.94 feet to the Real Point of Beginning of this description. Said parcel contains 18.41 acres, more or less, and is subject to all existing easements and rights of way. Michael E. Marks, No. 4998 931017 ! • STATEMENT OF COMPLIANCE VALLEY CENTER MARKET PLACE 1. The proposed internal transportation facility will be a private drive. The construction will be consistent with commercial developments where internal access is provided to parking facilities adjoining the businesses. Typically, pedestrian facilities are provided with walkways or other mechanisms. The applicant will need to provide additional information to the City. Ada County Highway District will require a 5 foot sidewalk along Overland Road. They may request the applicant trust fund for the sidewalk and prohibit construction of the facility. The City needs to take this information into consideration when placing conditions of approval. 2. The westerly portion of the parcel is designated mixed planned use development. A request for annexation and rezone was submitted and approved for C-G with a development agreement. The easterly portion of the parcel is zoned C-G. The subdivision application for the purpose of a commercial development is consistent with the Comprehensive Plan and existing zoning designation of C-G. The applicant is aware of the annexation requirement on the westerly portion which requires a planned development or Conditional Use application for all uses. 3. The property abuts the Ten Mile Creek sewer interceptor. Therefore, sewer service is available on the property. A 10-inch water main is currently located in Overland Road and will require extension to the parcel's west boundary. 4. The proposed lots meet all standards set forth in the Meridian Zoning Ordinance. 5. All existing easements are shown on the preliminary plat. Any additional easements will be addressed and delineated with the final plat. 6. No new public streets are proposed. 7. Existing uses and zoning in the subject property area: North: Interstate 84 and vacant property, zoned RT South: Single family residences and agricultural uses, zoned R-1 East: Commercial (Mr. Sandman Motel, JB's Restaurant and Texaco Station, zoned C-G West: Commercial (Mountain View Equipment, zoned C-3 950615 • • AFFIDAVIT OF LEGAL SERVICE STATE OF IDAHO COUNTY OF ADA I, Jon H Ma Chester , X54 Madison Avenue (NAME) (ADDRESS) _ New York New York 10021 _ (CITY) ~ (STATE) 1. That I am a general partner of Tower Associates, the record owner of the property described on the attached, and I grant my permission to Winston H. Moore , 8150 Emerald Suite 140 (83704. P.O. (NAME) R^Y ~~04 Boise Idaho 83707-2204 (ADDRESS) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold Meridian City and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this 24th day of March , 1925 . ~• (Signature) Subscribed and sworn to before me the day and year first a ve written.y~ No Public for New York My Commission Expires: 3 ~ ~q~ ~ 4 ~ w York ~' }1~n~'In~~ M~ 88~8.J.7 i ~ R • • • ~ ~ ~ . N 8102342 .•••- t WARRAN'PY DEED :, ~~,: tr ~•~. ' "~ ..4,,~~.,~~ THIS INDENTURE, made this 1st day of December, 1986, by.`' "'w~~f~ and bett~een TRIIIUNE PL'isLISHING COt1PANY, IrTC. , an Idaho corporation.; ~_,,=~~ •~'..: ` M4 -~ party of the first part, and TOWER ASSOCIATES, a New York general ~1•`` ' `' s . ~~ max. , ,, .- •r, •' i partnership, with ,offices at 8000 South Cole Road, Boise, ID . 83709, ~:.'_s";~ . ,:.. <; ~;~ party of the second part, -:: .. Id I Ty ES S E TI i : ~ ••'.;;•-3 That the said party of the first part, for and in con- ~~=~~ sideration of the sum of Ten Dollars ($10), lawful money of the ~~~::' :~ United States of America, and-other good and valuable considerations ~~~}~% to it in hand paid by the party of the second part, the receipt . whereof is hereby acknowlec:ycd, has granted, by these presents does grant, bargain, sell, the said party of the second part and to its forever, all of the following-described real Ada County, State of Idaho, and particularly bargained and sold, and ":_:; ~~ convey and confirm unto •~~`~ successors and assigns property, situate in ~:~• described as follows, to-wit: 1, parcel of land lying in a portion of the S~•T1/4 of the SE1/4 of Section 13, Township 3 North, P.ange 1 t•:est, t3oise Meridian, Ada County, Idaho, and more particularly described as follows: I3EGINNID!G at a brass can marking the Southeast corner of the said SE1/4 of Section 13; thence North 89°46' 50" i•Test 1, 309.45 feet along the Seut:herly boundary of the said SE1/4 of Section 13, which is also the center- line of Overland Road, to an iron pin marking the Southeast corner of the.said Swl/4 of the SE1/4 of Section 13, also said point being the REAL POINT OF IIEGINNING: thence continuing North 29°46'50" West 799.58 feet along the Southerly boundary of the said St'1/4 of L•hc SE1/4 of Section 13 to ar. iron pin; L•hence North 0°30'44" East 1,132.34 feet along a line Easterly of-and parallel with the Niesterly boundary of the said S(r11/4 of the SE1/4 of Section 13 to an iron pin on the Southerly right-of-way line of Interstate Highway 80N, Federal Aid Project No. I-80N-1(12)37; thence South 89°34'02 East 805.47 feet along the said Southerly right-of-a~ay line of InterstaterIighwa'I SOtd to an iron pin, on the Easterly boundary of the 5:•11/4 SE1/4 of said _,' .: :~ '. .J. • Section 13; thence South 0°46'21" West 1101.44 feet along the said Easterly boundary of~the StJl/4 of the SE 1/4 of Section 13 to the PO~.PI:' OF EEGZNNING. TOGETHER with all and sinct:llr the tenements, hereditaments and appurtenances thereunto belonging car in any wise apperataining, and the remainder or remainders, reversion or reversions, rents, issues, claims and demands whatsoever of first party, either at law or in equity, of, in and to the above-described premises. And said ~prarty of the first part, for itself and for its successors and assigns, does hereby covenant and agree to and with said party of the second part, its successors and assigns, that at the time of the enscalina and delivery of these presents, they are seized of the premises above conve::ed, in fee simple absolute, and have good ric3ht, full power anti lawful au;.hority to grant, bargain, sell and convey the same in manner aild form aforesaid, and that the same are free anti clear of all former anti other grants, bargains, sales, liens, ta::es, assessments and encu.^~hrances of whatsoever kind or description, except reservations or exceptions in patents or in acts auLhorizin~ she issuance thereof; water rights, and claims and title ro water; liens, levies and ,assessments of the ::amps-:dcridian Irrigation. District anti the: rights, powers and casc:acnts of said District as provided by law; a Right-of-~•:a! -+Ur^ement, dated !arch 1, i9G3, recorded April 1S, 19G3, ns InstYu:acnt ::o. 55351, and recorded :lay 22, 1963, as In::trument :10. 0565G6, records of F+da County, Idaho; a right-of-way for Overland Road over the southerly 25 feet of the shove-described property; right-of-way for Kennedy Lateral along the southerly boundary of the above-described property and the rights of access thereto for maint~rance of said lateral; rights-of-way of two-foot concrete ditch over southerly portion of the above-described property and irrigation and drainage ditches. meandering across the above-described property and along the easterly and norther :y boundaries thcrecf. :~ • .,, . ..~ . . ~~ - O ~~~ And the above-bar.~;ained premises in quiet and peaceable ~,,. possession of said second party, its successors and assigns, • against all and every person ~r persons lawfully claiming or to ~~ claim the whole or any part thereof, said first party, its successors and assigns, shall znd will WARRANT and forever DEFEND. IN ;WITNESS WHEREOF, the party of the first part has here- unto set its hand and seal the day and year first above written. TRIBUNE PUBLISFIING CO:dPANY, INC. ; BY / ~ ~ President ATTEST: .. ~. ;~ "'- Secretary STATE OF Z D A H 0 ) ss. County of NEZ PERCE ) On this l`li~'~ day of December, 1~A0, before me, the undersigned, a notary public in and for the State of Idaho, personally app~sared JO[iN H. *11~TLOCK, known to me to be the president and I:UrI::~IA HA,~IILIN, known to me to be the secretary, of the corporation that executed the within and foregoing instrument and acknowledged to me that such corpora- tion executed the same. IN ~~IT;;T;SS I•JI{RREOr, I have hereunto set my hand and affixed my official seal the day alnd year first above written • •~'•-•', Notary Public ~:n and for the State of .`~ ••~ •~; •A.,L' j:, Idaho, Resid4ng at Lewiston, therein. ' - . cr tTa'E f f IM48, W'1°il IiF A"A ;~ ~~.~.~i;r:~U:d7:'htrr:unM:d~---Cii~~~ri-n(`~1J1~(: LV. _. ~~ tin. pi;/ ~ c'~.ix1 _ _. ~1. t~~ !t; . ~~ -^ • el;i.~ ~~e. !9 ~ e1r ~~ ~ GOup ~D~ ~.td ~ ~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on September 12, 1995, for the purpose of reviewing and considering the Application of W.H.Moore Company, for a Preliminary Plat for land located in the SE 1 /4 of Section 13, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located North of Oveerland Road and West of Meridian Road. Applicant requests Preliminary Plat approval of the parcel of land above described for 26 Commercial lots for Valley Center Marke# Place. 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. gated this 24th day of August, 1995. . ~ ~ WILLIAM G. BERG, JR., TY LERK v Z w i i 1 / ~ I ~ f ~ 1 1 1 \, 1 1 1 ~ 1 1 t 1 1 1 It I 1 1 1 1 1 1 1 1 1 1 1 1 ~i 1 I ~~ _ ~IW~ - - - - i 1 1 w j 1 1 1 1 1 / Z ;~ ~ // 1 1 ~ 1 ~, l 1 ~r r I 5~ 1 ` 1 1 1 11 ~ ~~ 1 / ~ 1 `}~ `~ 1 ~_ 1 1 i 11 1 1 1 1 • 1 ~\ `\\ O ~ ~` l l11 ~ " ~ 1 ~ 1 1 ~ h ~ ,3 ~ .~_~ ~3~1R71y 't/A~ o ~ vL •Gdy ~7MyNlq~ "~ , /R 7Z ,Zr 6ZZ ~ •g/ 'tea //,1&'.0 N ~~ • • 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 19, 1995, for the purpose of reviewing and considering the Application of W.H.Moore Company, for a Preliminary Plat for land located in the SE 1/4 of Section 13, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located North of Overland Road and West of Meridian Road. Applicant requests Preliminary Plat approval of the parcel of land above described for 26 Commercial lots for Valley Center Market Place. 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 30th day of November, 1995. WILLIAM G. BERG, JR., TY CLERK `FCA 2 s~ 1~:' ~~ ~ ~ 2 84 ~ ~ ' _._. . ,_ _ '~Q'bv FREEWAY I LOT 5 ~``~ INTERCHANGE ~ LOT 8 Buc 1 I i' ~ r ~ ~ LOT 8 LOT 9 LOT 4 ~ ( i LOT 7 LOT 10 j I i,~ - - - I l' .. I ~------ -- RIVE ~h'fVE ---- ~~~~ LOT 11 ~ T E ,----- ---- ---- ------ ---- LOT 3 I ~~~ \~ ` j ~~ ~~ I I LOT 21 LOT 20 l0T 19 LOT 18 LOT 17 LOT 18 ~~ ~ 3 I ~ ~ I -i ; ~1 Lor 12 _ 1 ~Ql~pN LOT 2 i I 1 1 BLK t M~, ~a. ~ j ~ eLK 1 2 I p ~ LOT 13 1 BLK 1 ~ <i LOT 22 LOT 23 LOT 24 LOT 25 LOT 26 LOT 15 I I I ~I I~ I LOT 1 I I~ I I I I~ I LOT 74 I I Ia I 1 1 .A' _ OV E U4N p ~D. _ _ _ ._. _ QV ~N KENNEDY_LATERAL S SV$ ~ OVERLAND: OAD `~ ' ~ , 1 g g ~ -; , x,11• ~ j q ~ 2 ~ 1 ' 1 , ~ '~ ~ ~ -- -------- ~I ~ ~, r I ~~~ ~ t I ~ _ i ~/ _. ~• ::? 3±;'1 ~7. i3 12 it l~ ~ J ~ w. UAVENP"p' oa ~ i Lam.... ~ ~5 28 27 r t4 13~ ~ ~~-_ _. a ~5 29 26~~ J IS 12 p,wE~ I 0' ~ w • -~' '17 W 30 25 ~~ } ~ 8 0 _ ? Q W 10 U 3 8 yl 24 - > 17 W n 9 J 39 ~ ~9 ~ 32 23 v 18 I 8 ~ ~.._ a ~ YI_ Vj 38 •- ~ 33 22 J ~ 7 ~~ T - --- ~ ~ _--- _ 38 1 ~ `, ~ c~ O 34 1/ 21 ~- 20 6 35 ' , W. CALDERW000 ST. ~_ a j 7 s e I ~ t e 13 p. L. ~~i ~ O 5 Q 7 ''~ O 2 q ~ ~. J • • STATEMENT OF COMPLIANCE VALLEY CENTER MARKET PLACE The proposed internal transportation facility will be a private drive. The construction will be consistent with commercial developments where internal access is provided to parking facilities adjoining the businesses. Typically, pedestrian facilities are provided with walkways or other mechanisms. The applicant will need to provide additional information to the City. Ada County Highway District will require a 5 foot sidewalk along Overland Road. They may request the applicant trust fund for the sidewalk and prohibit construction of the facility. The City needs to take this information into consideration when placing conditions of approval. 2. The westerly portion of the parcel is designated mixed planned use development. A request for annexation and rezone was submitted and approved for C-G with a development agreement. The easterly portion of the parcel is zoned C-G. The subdivision application for the purpose of a commercial development is consistent with the Comprehensive Plan and existing zoning designation of C-G. The applicant is aware of the annexation requirement on the westerly portion which requires a planned development or Conditional Use application for all uses. 3. The property abuts the Ten Mile Creek sewer interceptor. Therefore, sewer service is available on the property. A 10-inch water main is currently located in Overland Road and will require extension to the parcel's west boundary. 4. The proposed lots meet all standards set forth in the Meridian Zoning Ordinance. 5. All existing easements are shown on the preliminary plat. Any additional easements will be addressed and delineated with the final plat. 6. No new public streets are proposed. 7. Existing uses and zoning in the subject property area: North: Interstate 84 and vacant property, zoned RT South: Single family residences and agricultural uses, zoned R-1 East: Commercial (Mr. Sandman Motel, JB's Restaurant and Texaco Station, zoned C-G West: Commercial (Mountain View Equipment, zoned C-3 950615 • • AFFIDAVIT OF LEGAL SERVICE STATE OF IDAHO COUNTY OF ADA j Tnn K Manchester , fi5d Mar~isnn Avenue. (NAME) (ADDRESS) New .York New York 10021 (CITY) ~ (STATE) 1. That I am a general partner of Tower Associates, the record owner of the property described on the attached, and I grant my permission to Winston .Moore , 8150 Emerald. Suite 140 (83704. P.O. (NAME) Rnx R~.04 Boise Idaho 83707-2204 (ADDRESS) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold Meridian City and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the .subject of the application. Dated this 24th day of March , 192. ~~ (Signature) Subscribed and sworn to before me the day and year first a ve written. ~~ No Public for New York My Commission Expires: 3 ~ ~ryC ~~ 4S w York ~' qq7 ~mi~o ~{n~Qu~ Mard- S 19..L kn ~ .T .R r,. t •, ;.'s:._ ^ WARRANTY DEED ~ ~'~ ~yyy 1 1rL~,~.a'Y^ W' THIS INDENTURE, made this 1st day of December, 1986, by ~:,. err and between TRIBUNE PUiiLISHING C0~IPANY, INC. , an Idaho corporation~;~'~,.,~'~ . x:.,Y• • ~ ~ a4~.. party of the first part, and TOWER ASSOCIATES, a New York general '~~~~. . ~>:.. . ..:•;.;•~~~r~.~ :...,,~ partnership, with offices at 8000 South Cole Road, Boise, ID 83709, ~~°` ,: party of the second part, ~ ~ ~`""'~ WITNESSETli: •~~•;,;< That the said party of the first part, for and in con- sideration of the sum of Ten Dollars ($10), lawful money of the •~~~~ United States of America, and other good and valuable considerations •~'~~~x, to it in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold, and .. by these presents does grant, bargain, sell, convey and confirm unto •: '; the said party of the second part and to its successors and assigns forever, all of the following-described real property, situate in Ada County, State of Idaho, and particularly described as follows, to-wit: 1, parcel of land lying in a portion of the SS•I1/4 of the SE1/4 of Section 13, Township 3 North, P.ange 1 ~•:est, Boise ~4eridian, Ada County, Idaho, and more particularly described as follows: BEGINNING at a brass cap ;narking the Southeast corner of the said SE1/4 of Section 13; thence North 89°46' 50" I•lest 1,309.45 feet along the Southerly boundary of the said Si;l/4 of Section 13, which is also the center- line of Overland Road, L•o an ir•:,n pin marking the Southeast corner of the.said Swl/4 of the SE1/4 of Section 13, also said point being the REAL POINT OF BEGINNING:. thence continuing North 89°46'50" West 799.58 feet along the Southerly boundary of the said . S!•I1/4 of the SE1/4 of Section 13 to ar. iron pin; thence North 0°30'44" East 1,132.34 feet along a line Easterly of and parallel with the Alestcrly boundary of the said - S(r71/4 of the SE1/4 of Section 13 to an iron pin on the Southerly right-of-way line of Interstate Highway 80N, Federal Aid Project No. I-80N-1(12)37; *_hence South 89°34'02 East 805.47 feet along L-he said Southerly right-of-way line of Interstate rIighway a0td to an iron pin, on the Easterly boundary of the S.•11/4 SE1/4 of said _.. G ,;: y,. r ~ ~,, y~ r _, ._~~ :_.,/ • • ;~~ Sect?.on 13; thence South 0°46'21" west 1101.44 feet along the said Easterly boundary of the St41/4 of the . SE 1/4 of Section 13 to the PO~.PIT OF EEGINNING. TOGETHER with all and singt:l:~r the tenements, hereditaments and appurtenances thereunto belonging ur in any wise apperataining, • and the remainder or remainders, reversion or reversions, rents, issues, claims and demands whatsoever of first party, either at law or in equity, of, in and to the above-described premises. And said 'p arty of the first part, for itself and for its successors and assigns, does hereby covenant and agree to and with said party of the second part, its successors and assigns, that at the time of the cnsealina and delivery of these presents, they are seized of the premises above conve::ed, in fee simple absolute, and have good right, full power and lawful authority to grant, bargain, sell and convey the same in manner acid form aforesaid, and that the same are free and clear of all former anal other grants, bargains, sales, liens, tares, assessments and encu.^.~brances of whatsoever kind or description, e;scept reservations or efceptions in patents or in acts authorizing the issuance thereof; water rights, and claims and title to water; liens, levies and .assessments of the ::amps-!4eridian Irrigation. District and the rights, powers and casements of said District as provided by law; a Right-of-P;ay ,vr^ement, dated !arch 1, i9G3, recorded April 1~, 19G3, a~ InscYu:aent ;70. .,~.,~II1, and recorded ;day 22, 1963, as In:;trument No. 5565G6, records of Ada Counr_y, Idaho; a right-of-way for Overland Road over the southerly 25 feet of the above-described property; right-of-way for Kennedy Lateral along the southerly boundary of the ai~ove-described property and the rights of access thereto for maintenance of said .lateral; rights-of-way of tcao-foot concrete ditch over southerly portion of the above-described property and irrigation and drainage ditches. meandering across the above-described property and along the easterly and northcr:.y houndarics thereof. _~_ i~~ ._ _ ~; • - And the above-bar.~,ained premises in quiet and peaceable possession of s4id second party, its successors and assigns, against all and every person c,r persons lawfully claiming or to claim the'whole or any part thereof, said first party, its successors and assigns, shall and will WARRANT and forever DEFEND. INIh'ITNESS WHEREOF, the party of the first part has here- unto set its hand and seal the day and year first above written. TRIBUNE PUBLISHING CO:APANX, INC. , BY ~ ~ President ATTEST: ` Secretary STATE OF I D A H O ) ss. County of NEZ PERCE ) On this /`%i~'~ day of December, 19A0, before me, the undersigned, a notary public in and for the State of Idaho, personally appi:ared JOfiN H. :K1~TLOCK, known to me to be the president and I:UGL•:NIA IiAi"BLIN, known to me to be the secretary, of the corporation that executed the within and foregoing instrument and acknowledged to me that such corpora- tion executed the same. IN WITDiISS L,?I{);REOr, I have hereunto set my hand and affixed my official seal the day and year first above written ~•,` ~•', Notary Public }:n' and for the State of •.:(' S. '~:.'A:~L ~ )~, Idaho, Resid2ng at Lewiston, therein. ' - ;• ' es ,~ SiA?$ fF I~AH'v, CO~l;ill li;~ A"A. ;~ •~ fr4•'fautC:ds''htr!:ua!!.d~~ {ii'~~rin ~ ~I1~t L~1. _. 170 h:in. pt;/~ t'~.ir.A _ _. cS" th • _~~ ~~• I~/ .. ~.t~. ap~q ~o~ ~~ i PROPERTY OWNERS WITHIN 300 FEET Parcel No. Name and Address 87702510010 Mr. Sandman, Inc., P.O. Box 852, Meridian, Idaho 83642 87702510020 G. Johnson & Robyn R. Bryce, 1565 S. Meridian Road, Meridian, Idaho 83642 S1213449129 G. Johnson & Robyn R. Bryce and Russell & Karen Hunemiller, 1565 S. Meridian Raod, Meridian, Idaho 83642 87288000000-80 Theron Scott & Carol Scott Lotspeich, 1032 E. Cayman Dr., Meridian, Idaho 83642 S1224110200 John W. & Ruth E. Kelly, 10720 W. Jay Rd., Boise, Idaho 83703 S1224110105 D. Jerry Howell and Florence B. Howell, 2306 NW 15th, Meridian, Idaho 83642 6~r~ S1213449065 TowerAssociates, Mall Properties, Inc., 654 Madison Ave., 11th Floor, New York, NY 10021 S1213417705 State of Idaho, Bureau of Land Management, Statehouse Mail, Boise, Idaho 83720 -Attn: Real Estate Division S1213428300 Douglas W. Tamura and Arthur J. Berry, 104 S. Capitol, Boise, Idaho 83702 950615 • • Property Owners Within 300' of W.H. Moore Property March 14, 1995 S1213428300 ~'Q~ Douglas W. Tamura & Arthur J. Berry, 104 So. Capital, Boise, ID 83702 S1213417705 State of Idaho, Statehouse Mail, Boise, ID 83720 S1213449065 Tower Assoicates, Mall Properties, Inc., 654 Madison Avenue, 11th Floor,~~ ~~ `~ New York, NY 10021 S1213438600 Mountain View Equipment Co., P.O. Box 690-, .Meridian, ID 83680-0690 S1224110300 Queensland Acres, Inc., Carol Lotspeich, 1032 Cayman Drive, Meridian, ID 83642 Queensland Acres Subdivision 87288000000 of 1, 2, 3, 4, 5, 6, 7, 8, 9, & 11 O ~ , S tt Theron and Carol Scott Lotspeich, 1032 E. Cayman Drive, Me 'an, ID 83642 87288000090 Lot 10 . William H. 8~ Lois M. Meyet and Marion H. Naylor, 795 W. Overland Road, Meridian, ID 83642 941208 • ~p1GINEERI/yG BRIGGS INC. • KECEIVED S E P 1 21995 City of Meridian 33 East Idaho Meridian, Idaho 83642 Attn: Bruce Freckleton Re: Valley Center Market Place Dear Bruce: N~RIDIAN CITY ENGINEER September 12, 1995 This letter is in regard to the comments submitted to the Planning and Zoning Commission and dated September 7, 1995. Each item will be addressed in numerical order as follows: General Comments 1. The Kennedy Lateral traverses the northwest portion of the subject property. I have been in contact with John Anderson of Nampa Meridian Irrigation District on flows and pipe sizes. Preliminary discussions indicate the lateral will require a 36 inch pipe and will have to be relocated outside the Overland Road right-of-way. A design will be required by Nampa Meridian for their review and approval. 2. I have no knowledge of any existing septic systems or wells on the property. However, we will investigate these issues and comply with City Ordinance 5-7-517. 3. Ground water investigation will be required prior to design of any storm drainage systems. I will inform the client of the City's policy concerning the subject. 4. Restrictive covenants will be drafted for the project by the applicant. 950615 1111 S. Orchard, Suite 600 ~ Boise, Idaho 83705 • (208) 344-9700 Fax# (208) 345-2950 • These documents will be submitted for the City's review prior to submittal of the final plat. 5. I am aware of the City's requirement of 5ft. sidewalks. We will be required to meet the policy standards of Ada County Highway District which may require trust funding of the sidewalks on Overland Road. Coordination of sidewalks will be necessary. 6. We will coordinate with the City by providing information necessary for the hydraulic water analysis. 7. No new public streets are proposed in this project. I am currently waiting for comment by the Ada County Engineer on the subdivision name. 8. We will coordinate the fire hydrant locations with City of Meridian. 9. A street drainage plan will be submitted for ACHD and the City's review after obtaining preliminary plat approval. Site Specific Comments The project engineer will coordinate sewer design (size & location) with the City Engineer. The preliminary engineering plan has been modified to incorporate the requested changes. 2. The project engineer will coordinate water design with the City Engineer. The requested modification is reflected on the revised preliminary engineering plan. 3. Modifications were made to the preliminary engineering plan based upon the suggested comments. These changes were based upon preliminary assumptions and therefore cannot be finalized until the actual design phase. Some items cannot be addressed or finalized until the design phase begins. 4. A master street grading and drainage plan will be provided to the City after the design phase. 5. Preliminary street light locations have been added to the preliminary engineering design. The project engineer will coordinate the hydrant and street light locations with the City prior to the design phase. 950615 • 6. See revised plan. 7. It appears the existing 12 inch irrigation pipe which runs north will have to be relocated. The 1963 easement of record which protects the irrigation pipe is ambiguous. No legal description of the easement exists. The reference is "a ditch which extends along and adjacent to the easterly boundary of the Osborn Tract, and together with the right of ingress and egress to and from said right-of-way for the purpose of constructing... such pipeline... for the irrigation of the respective tracts of Volle, Gregory and Johnson." No dimension on the easement was addressed in the document. We will coordinate any modification of the pipe with Nampa Meridian Irrigation District and the property owner's north of Interstate 84. 8. A design will be provided to the City reflecting the street section for the private drive after consultation with the applicant. If you have any further questions, please call me. Sincerely, BRIGGS ENGINEERING, Inc. Becky L. Bowcutt Land Use Planner 950615 r - - ~ ~ ~~ r JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE. Secretary Mr. Jonathan R. Seel W.H. Moore Company 8150 Emerald, Suite 140 P.O. Box 8204 Boise, ID 83707-2204 Re: Valley Center Industrial Park Dear Mr. Seel: S2~N ~~2 C~-~ D~~- BE~fpJ;-~Y~~V` ~~~ MIKE 1AI~fE B~AL RFf:itt--i °~:.i APPR~VA- Fit r November 8, 19! -": BRIGGS F~-~~41~~~,air: ,Aid 6~0~' Y % ~99~ F3UtSF_', iGArlC ACRD staff has considered the foregone actions regarding this property and will process the preliminary plat of this project to the ACRD. Commission recommending that two public streets and two private driveway connections to Overland Road be allowed. The matter will go the Commission on November 29, 1995. The meeting will begin at 7:00 P.M. I strongly suggest you or your representative be in attendance at the meeting. Sincerely, Z~- s Develo ent Services Supervisor cc: Chron. Project File Traff c Services Director Briggs Engineering, Inc. (B. Bowcutt) ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 09l19i95 15: ~9 208 3d5 i6aU At:HU y~Y nn: ~~~n c..~ .~j uU t: .FU. ~ BEC.~c~ ~o~v-rt- ~-~-`fs~ ~- ADA C~CJNTY I3IGH~VAY DISTRICT Development Services Division Devdc~mem Applicatioa Report Prelimi~ry Plat -Valley Center Mazket FIace Overland Road w/o Meridian Road, City of Meridian Va11ey Center Market Place is a 26-lot commercial subdivision on 39.46-acres. The site i$ located on the north sick of Overlay Roar! approumateilr 35b-fit west of Meridian Road. This development i, esdmaficd to generate 7,800 additional vehicle trips per day if developed as a business pazk of commercial use. Roads impacted by developaLent: Overland Road ,Minor arterial with np pathw-ay designation - Trat~c count 5,669 in 1990 ACl-ID Commissiaa Daze - 5cgteanbe~t Z0, 1995 - 12:44 p.m. 09f 19f 95 15:49 'x:08 345 1650 ACHD Facts and ~F%udings: A. Gensal Tnfarmati~o~n C-G~ -Zoning 26 -Lots 39.06 -Acres Z$8 -Traffic Analysis Zane (TAZ) Nest Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District -+~-~ BRIGGS EVG. • Overland Road Minor arterial with no pathway designation shown TrafCxc count 5,669 im 1990 1,700-feet of frontage 50 to fi5-feet existing right~f--way {25-feet n!o centerline; ?5 to 44feet slo centerline} 90-feet required right-0f-way {45-feet from centerline} ~iooz, ao7 Overland Road is improved with Z~-feet of gave~t with no curb, gutter or sidewalk and was overland in 1990. Utility street cats in the new pavement on Overland Road will not be allowed unless approved by the District Commission or until after the flue year moratorium. for cutting pavement. B. On May 3, 1995, the Commission acted on x~one MRZ-x-95 which includes the western portion of this site. C. Tl~ site is currently utideveiog~. D. Overland Road has only two travel lanes at the present time. An im~gation canal borders the south edge of the project site {i.e. the north edge of Overland Road). The ultimate developmern of Overland Road is expected tQ include five lanes {i.e. two travel lanes for each direction plus a center turn lane). This roadway section will require 9afeet of right-of- way. The presence of the canal on the north side of Overland Road will complicate the ulthnate design and right-of-way requirements. Staff reco~nds that the applicairt coordinate the dedication of additional right-of-way and relocation of the irrigation canal out of tln• fittue right~f--way with the Dis~ict and the appropriate irrigation district. This nxluires a ta:w easement for the canal. va~.~.~Y.wPn pa®e 2 • E. A traffic signal may be required at the westerly entry drive dcpendiug open future development within the proposed subdivision. F. Overland Road bas a vertical curve east of the project. Sight distance is a major coiaxrn in determining driveway locations. Staff has rCVievved flue eight distance at the proposed private driveway intersection with taverhwd Road based upon the ptof le plan submitted by the applicant. For the planted location, the proposed driveway provides t siglrt distance. However, no other driveways east of the main sifie driveway can be allowed due w eight ~cestrictions. O. In accordance with District policy, staff rs tbat the apQlic~t be required to construct 1,7U0-feet of 5-foot wide eonerste sidewalk on O~-erland Road abutting the Parcel. H. This site has suf~eient frontage do qualify for a maximum of 3 points of access. The applicant is prapositig two private roads and two shared driveways on Overland Road. The site has been designed with 41ots that only have frozrtage oa Ovetland Road, and staff believes this is a less than, optimal design sine it abate a minor arterial street. Staff recommeinds that the access to toe site be restricted to the two private roads and one shared driveway on Lot 25 with a fiontage raadlease>'ueut to provide access to the b-lots between the private roads. The aQplicarn has indicated that staff has discussed access to this sine ai an earlier datie. Staff told the appl~ant the nmmber of driveways allowed is conformance with the District policy in effiecx at flee time. Staff does not believe that tear review of this subdivision should be bound by the previous discussion. The subdivision should be reviewed is compliance with the turreut District policy. I. In compliance with District policy staff recomtne~s that direct lot access to Overland Road be prohbited, with the exception of the above stated shared driveway an Lot Z5. Lot access nesorictions should be stated on the tlnal plat. 7. The transgor[atian system wdl be adegaaLe i+o accommodate additional traffic generated by this proposed development: K. This application was scheduled fez a ~blic hearing by the City of Meridian Planning and ~,oni~ Commissicm an September 5, 1995. VALLEY.WPD Psga 3 09/I9/95 15:51 ACHb --1-- BRIGGS '$208 345 7650 • U The following recommemlations are provided as candidons fntr approval: Sine Specific Req>o~brem~ts: ~J004i007 l . Dedicate 4S-feet of right-of-way firom the oentierrline of Overland Goad abutting portal {2a~ additioml feet). Total right-of-way to lx ~cated msy vary to t~ irno consider~ttiott tt~ reloc~on of the Kennedy Lateral. Coordinate dedication of right-of-~vay with AC'Fl~. The owner will be compensated for this additional right-of-way from avadabl~e impact Eee revenues in this benefit cone. If the owner washes to be paid for the addidooal right-of way, the owner must submdt an application m tbn impact fee administrator prior m brealong gro~md, is atxordaace, with Sectioat 13 of ACRD Ordinance X188. 2. Construct S-foot wide sidewalk on Overland Road abutting the parcel, after relocating the Sennedy Lateral. Locate the sidewallc 1-foot inside of the rightof--way. 3. Utility street curs in the new pavement an Overland Road wgl not be allowed tmless approved by flue District Cou~issioa. 4. Irnberior streets shall be designated as private affects. ACFID does not make aa3- assurances that these streets wiA be accepted as a public streets if such a request is made in the fiitttre. Substantial redesign and reconstruction costs will be necessary in order to qualif}+ tbesz roads for public ownership and maitrtmance. S. Construct the private street onto dverland Road to meet Disirie# standards for a street irntcrsectian. 6. pave the full width of the interior suss at leatst 20-felt beyond the edge of pavement of Overland Road with 15-foot radii pavemem tapers, and instaII street naato and stop signs for the private streets. 7. Construct one 30-foot wide driveway with 1S foot pavetoeat tapers to Lot 2S on Overland Road. The dliv~evvay shall be pavrd a minimum of 3afeet beyond the edge of pav~cIDent o» Overland Road. 8. Access to the site is restricts to the two proposed Private reads and one shared driveway on Y.ot 25. 9. Provide crass access ~ for Lots 15, and 2'l-ZtS, Block 1, to trte two private roads. VALT.EY.wPD ~~ 49l19~95 iS:S2 AC® ----+ BRIGGS ENG . x'243 3d5 7650 QI005: 007 10. With t'he excq~tian of the shared driveway on Lot 25 atgl the terra F~~ + direct lot access to Qvt~rlavd Road is pr~oh9bitcd, in comupliattpe with District policy- Lot access restrictions shall be stained an #be fiml plat. 1. A rerluest for mean, variance ar waiver of any ~ ar ply outlitrrd ~~ shall be made m writi~ to the Developnteat Servirxs Supervisor. Tltg.tr~~siishall i'l7Lia~ifY ~'""-`.`- Ls °..,.....:''°~°`' '~`~ ;.x•htd . ~ orrirten cxnlanation of Requests received prior to the dafle scheduled for Comttvssiaal at~iaa shell be reach for discussion with the Commission on the next available meeting agenda. 2. A request far an appeal of the Caoai's aMtan shall he made in writing to t3te I3evelapment Services Supervisor within of the action and shall ittcinds a minimum fee of $110.Q0. 'The appeal will be schedr<led w be heanl by the Commission within 2Q calendar days afar receipt. 3. Aright-af-way permit must be obtained from ACS for a~- stream or utility co~ruetioa within the public right-of-way. Utility cuts should be a~mbinod where practical to limit pavement dap~aga. Coptact Construction Services at 345-76b7 (witL zoning file rn~mber) for dc~ils. 4. Submit site drainage plans ami calculations Eor review and apprapriaoe action by ACRD prior m issuance of building permit (or other reggired Permits)- The proposed drainage system shall retain all storm water on-site and slmil canfo®. to the requirements of MeridaaA. Public street drainage f~eilities shall be located in the public right-of-wap ar in a common lot awned by a homeowners assoaation set aside specifically for that use. There sha11 be no trees, fences, bushes, sheds, or other vahtabla amenities Placid in said easement Drainage Iats end tlbeir use restricdons shall be sated on the plat (when applicable). 5 . Lacatc driveway curb carts a of 3 feet f ram tl~e side 1a~t property limos when driveways arc Act being sdared with the adjaoem Ps'~Y- 6. Construct pedestrian ramps oat the corner of all street iumrsation is ~ wilt Idaho Cods, Sec#ian A~0-1335. YALLBY.WPD 7~ ~ 09/19/95 15:5 006/007 $'208 3d5 1650 AC® ~-~-- BRIGGS ENG. • 7. Dedicate ~ 20' X'I.O' rig~lt-0f w2ly tr1SIl~1G (0~ B~fOFrlatC Wl'V8 CA ~e(f SLC@Ct L~rOV within the public right-of-wayj at all i~crsaxioas abutting endlor within the developm,e~ prior to issuance of building permit (or other required permits) 8. Contizttte existing irrigation atHd drainage systems across parcel• 9. Coarti>ule borrow ditch drainage abutiusg Parcel (cglvert maY be required). 10. Provide walttea approval from the appropriate irrigatioNdrai~ge distriict authorizing storm nmoff iutn their system. 11. Yf street impabveancnds are proposed, Iocatie obst<vctions tutilitY facilities, irrigation ~ drainage ditches and ate, ecc.) ou~ide of the public right-of-way, as may be required by the District. Authorization for relocatiarts shall be obtained fiotn 'the appropriate entity. 12. Y.ocaae proposed sig~a(s) out of the public ripht~f--way and Dirt of the clear-vision sight- triaagle of all stove[ and driveway intersection. l3. Install a stop sign on every unsignalizod approach of a PmJect street m an iaRersectioa involving a collector or arterial as the doss-street. The stop sign s1~1 be i~ta1~ when the project street is first acc~sable to the motoring public. 14. The developer is repaired to install street name signs at the locations approved by the Ada Cotmty Highway District. P'wrcltase street [tame signs, sign poles, and mounting hardware from ACM's TTafBc dgcratians Deparbo~t or an approved outside supplier. T~ District viii not ssaamtfacture stsnet signs uattl a cmpop of the r~orded p~ ~m6 ~ ~ data has been. provided to Developanem Serviocs staff. 15. Provide a clear vision sigh triangle at all street i~ersectioass. Within ttris triangle no obsmu~ion higher than 36-inches above the top of pavca>unt wall be elbowed, including lan~tiscxlsisig, berms, fences, walls or shrubs. The triangle shall be defined by the long leg measured down wise cxnterline of any colbecoor 3SG-feet, and the short leg measured down ttte c~nterl.ine from the collector surest curb line 20-feet. Provide notes on the plat and stt~eet constructioaa plans of these restrictions. 16. Submit three sets of stet[[ construction pleas to the Ltistrict far review sand appropriate action. vnlt,E1-_we1D page 6 17. Prflvide design data for proposed access to public streets for review and appropriate action by ACi~. 18. All public streets and drainage systems shall be designed and com~vcted in couformauce with District standards and policies. 19. Specifications, land surveys, reports, Plats, drawings, Plans, designint'arrnaation and calculations presented ~ A~ shall be sealed. signed and dated by a Registered professional Estgincer ar Professional Land Surveyor, in compli~mce with Idaho Code, Section 5~-1215. 2Q. Tl~ applicant shall submit revised plans for staff approval, print to issflance of building permit (or other required petmrts), which incorporates arty required design changes. 21. Constivction, use and property development shall be in Gouformarwe with all applicable requirements of the Ada County Highway District prior do District approval for occupancy. Should yaa have auy questions or counts, Please coronet the Development Services Division at 345-7662. vn~.>v.w~ ~~ ~ . • Meridian Planning & Zoning Commission October 10, 1995 Page 4 Shearer: Second Rountree: It has been moved and seconded to (inaudible) the city to notify the developer that we will notice the public hearing for the preliminary plat for Packard Subdivision No. 2 for our next regularly scheduled meeting November 14, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED SEPTEMBER 12, 1995: PRELIMINARY PLAT FOR HIGHLANDS RANCH SUBDIVISION BY GEM PARK II PARTNERSHIP: ITEM #4: TABLED SEPTEMBER 12, 1995: PRELIMINARY PLAT FOR HIGHLANDS RANCH SUBDIVISION BY GEM PARK II PARTNERSHIP: Johnson: We have a late request here from the developer to table this item until December 12 which is two meetings from now, skipping the November meeting. They have some on going discussion with both the City Council and the Meridian School District. Shearer: I so moved. Rountree: Second Johnson: Moved and seconded that we table this item until our December meeting, which is December the 12th, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: TABLED SEPTEMBER 12, 1995: PRELIMINARY PLAT FOR VALLEY CENTER MARKET PLACE BY W. H. MOORE COMPANY: Rountree: Mr. Chairman, we have a request to defer action and table that item as well. Johnson: Right, does everybody have a copy of that letter? Rountree: Mr. Chairman, I move that we table this item until November 14. Shearer: Second Johnson: Moved and seconded we table item #5 until November 14th at the request of the applicant, all those in favor? Opposed? ~,.w 1 • • Meridian Planning & Zoning Commission October 10, 1995 Page 5 MOTION CARRIED: All Yea ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VACATION OF 20' EASEMENT IN CENTRAL VALLEY CORPORATE PARK, LOT 5, BLOCK 1 BY JEFF COFFER: Johnson: You have a copy of these findings of fact, is there any discussion, corrections or deletions to these findings as prepared? Rountree: Mr. Chairman, I move that the Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions. Shearer: Second Johnson: Moved and seconded that we adopt the findings of fact and conclusions of law as prepared, roll call vote. ROLL CALL VOTE: Hepper -Yea, Rountree -Yea, Shearer -Yea, Alidjani -Absent. MOTION CARRIED: All Yea Johnson: Is there a decision or recommendation you wish to pass on to the Council? Rountree: Mr. Chairman, I move that the Meridian Planning and Zoning Commission recommends to the City Council that they deny the vacation of easement requested by the applicant based on the findings of fact and conclusions. Hepper: Second Johnson: It is moved and seconded that we pass a recommendation onto City Council to deny the application for vacation of easement, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: As with all of our findings of facts these are available to the public once acted upon. The earliest time would be tomorrow from the City Clerk. ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A CELLULAR COMMUNICATION FACILITY BY US WEST NEWVECTOR GROUP INC.: • MERIDIAN PLANNING & ZONING COMMISSION MEETING: OCTOBER 10.1995 APPLICANT: W.H. MOORE COMPANY AGENDA I TEM NUMBER: 5 REQUEST: REQUEST FOR A PRELIMINARY PLAT FOR VALLEY CENTER MARKET PLACE GA ENCY 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 ~~`~~ ~n r~ a°` OTHER: AL Materials presented at public meetings shall become property of the City of Meridian. OCT-05-1995 15 57 FROM TO MERIDIRN CITY P.01 • • ~pGINEER/~yC RECEIV~i~ ~~1~~~ oct o 5 ~ N G CITY U~ M~KlUlAp i i i i October 5, 1995 i Ms. Shari Stiles City. of Meridian 33 East Idaho ;Meridian, Idaho 83642 Re: Valley Center Market'place' Dear Shari: Please defer the. preliminary plat of Valley Center AAarket Place scheduled for P&Z hearing October 10, 1995 to the following hearing date of November 14, 1995. ` Sincerely, i BRIGGS. ENGINEERING, Inc. t ~~ Becky . Bowcutt 'Land Use Planner v ~. i 1 i i 1 i i i 1 i 1 950615 `' ~ ~ i 111'1 S, Orchard, Suite 600 • Braise, Idaho 83705 • (208) 344-9700 Fax# (SOS) 345-2950 TOTAL P.01 OCT 05 '95 15 58 PAGE.01 • MERIDIAN PLANNING & ZONING COMMISSION MEETING: SEPTEMBER 12.1995 APPLICANT: W.H. MOORE COMPANY AGENDA 1 TEM NUMBER: 15 REQUEST: REQUEST FOR A PRELIMINARY PLAT FOR VALLEY CENTER MARKET PLACE 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: OTHER: COMMENTS SEE ATTACHED COMMENTS COMMENTS FORTHCOMING ~~ 1~ SEE ATTACHED COMMENTS ~ SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS U° ~~~ ~ ~~ U" w All Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council August 6, 1996 Page 3 those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: TABLED JULY 16, 1996: REQUEST FOR ANON-DEVELOPMENT AGREEMENT FOR INTERSTATE CENTER: Corrie: That was requested that it be removed from the agenda. Morrow: Did they want it re-scheduled or just totally removed? Corrie: Totally removed Mr. Morrow. Morrow: So moved Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that it be totally removed, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED JULY 16, 1996: REQUEST FOR HOOKUP TO CITY SEWER FOR WILLIAM VlyUGHN'S PROPERTY BY MAX BOESIGER: Corrie: Is Mr. or Mrs. Vaughn here or Max Boesiger? Boesiger: Thank you Mayor, Mr. Mayor and members of the Council I am Richard Boesiger with Max Boesiger Inc. After our last meeting we looked at the site again and determined that the s" ~ortest distance for the service line from the existing hc,~se would be straight out _ the front of the house and tie into the main line in Ustick. With the actual location of the line being 2 to 3 feet off of property line. This is the shortest distance and it is also in compliance with the staff's recommendation or preferences that the service line be all on the property that it is serving. I would also like to add we agree with the concept of growth paying its own way, every developer knows that he has to bring, in osier to develop a subdivision he has to bring sewer to it and through it. If you are also unlucky enough to be adjacent to an arterial or main line you also have to carry that through also. We have done all of that. We don't feel like this request has anything to do with new growth, this is a simple request by the owner of a 40 year old house to hook up to sev~eer now that it is available. Again we are just asking your permission to hook up that existing house to sewer and to pay the double fee. Thank you • MERIDIAN CITY COUNCIL MEETING: August 6.1996 APPLICANT: ITEM NUMBER; 2 REQUEST: _REQUEST FOR ANON-DEVELOPMENT AGREEMENT FOR INTERSTATE CENTER 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 OTHER: III ,, Materials presented at public meetings shall become property of the City of Meridian. 8-01-1996 11:03AM FROM W.H. MOORE COMPANY 208 323 7523 • P. 1 ilLlsb:~ V WH 1Vloore Company AUti - 1 196 600 N. Steelhead Way, Suite X44 {83704) P.O. Box 8204. CIT'~f OF ~~ERIDL~I~ Boise, Idaho 83707-2204 FACSrMILE COVER SHEET To: Will Berg Company: Gity of Meridian Phone: 888-4433 Fax: 887-4813 From: Jonathan R. Seel Company: WH Moore Company Phone: (208) 323-1919 Fax: (208) 323-7523 Date: July 31, 1996 Pages including this coves page: 1 Comments: Wi[I, please remove Interstate Center from the City Council's agenda on Tuesday, August 6, 1996. We have decided not to ask that anon-development agreement be provided in place of construction drawings (as a condition for final plat). Thanks for your assistance in this matter. AUG 01 '96 110? 208 323 ?523 PAGE.01 LJ Meridian City Council July 16, 1996 Page 31 " MOTION CARRIED: All Yea • Corrie: Point of information I will close the public hearing at this time. Morrow: Mr. Mayor, I am prepared to move to instruct the City Attorney to prepare an annexation ordinance for this property. I would like to include in that the extension of the water and sewer requirements as necessary and a late comers fee if applicable. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree on the ordinance, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea FIVE MINUTE RECESS ITEM #9: REQUEST FOR ANON-DEVELOPMENT AGREEMENT FOR INTERSTATE CENTER: (Inaudible) Morrow: Let me ask you this Shari, have we not done development agreements before at various stages from preliminary plat to final plat? I guess my question here is why do we have to approve a final plat without construction drawings to do anon-development agreement? Stiles: The non-development agreement would have no use unless you have a recorded plat. We don't do non-development agreements on non-recorded subdivisions. Seel: Jonathan Seel, I am with the W.H. Moore Company, the purpose of being here tonight is just to give you a very brief history, this is Interstate Center which has been ' referred to at different times as Valley Center Marketplace. But the final name is Interstate Center. The preliminary plat was approved back in November of last year. We came in with the final this year and started providing documentation and was instructed by staff that we needed to provide construction drawings as part of the process of getting the final. The purpose of being here tonight is to ask I think very simply that we go ahead and in lieu of doing construction drawings we can provide anon-development agreement. I will explain the reason, in essence the way this has been set up is it has given us a certain degree of flexibility in terms of whether we might go in the direction of more retail or we might go in terms of a business park. Given that depending on how it turns out the ~J Meridian City Council July 16, 1996 Page 32 • construction drawings we may spend up to $20,000 could tum out to be very useless. Another point that is very important and we are finding out and I think the more important point in this thing is that as we are talking to particular investors people who are looking at purchasing this land or doing developments within this project one of the main concerns is the land plated. Our comment right now is it isn't and that creates a great deal of concem to them. As an example right now we have a plat into the County and it has been in there 7 weeks and it will most likely be in there another 2 or 3. There is plenty of land if you go down Nampa or Caldwell or you go towards Boise as I think you are all very aware that it is platted right now and very suitable to develop it. Most people out there do not want to take the chance of saying great we will go ahead and proceed and then find out that this land is not platted at the time they are ready to go in there and develop. It puts us way behind the curve on this and it puts us in position where we really can't effectively market this project to the various people out there. What we are suggesting is that if we can go ahead and do a non~levelopment agreement and at the time we know what we are going to do then we can come in with the construction plans because we will know. Things may change over time as we are talking to different people. People are saying well this is our requirements, this is what we need, these are the modifications that we want and what have you. Those can change from what we see right here. They may not but they could potentially. Our feeling is if we provide you with anon-development agreement it will give you the comfort of what I think you are looking for in terms of assuring that we don't sell some dirt to somebody, they go in there and get ready to develop and then they find out that there is not roads and infrastructure in there. As Mr. Moore said when I met with him we are not trying to pull anything fast here, we are not trying to slip something by the City, all we are asking very simply to the point that we know what we are going to do that we don't have to spend the amount of money on construction drawings that as I have said potentially will be useless and that we will provide the development agreement that I think will be structured in such a way that will give you the comfort and allow us to go ahead and get the plat finalized so we can talk to the people out there and potentially talk to the businesses that will come to this community and t think without saying will create the enjoyment and the of environment for the City tr~at I think we are striving for. We want this to be a quality project, we simply need your assistance in getting to that point. - Corrie: Council, questions? Discussion Morrow: 1 guess discussion from my standpoint is that in terms of trying to do construction drawings at this point when we can make those conditions of the non-development agreement prior to re-activating the parcel does seem like a waste of money because it is difficult to do construction drawings when you don't know who your tenants are and what their desires might be. Other than just concept renderings and of course there is not a lot there that is very meaningful. So I don't have a problem with doing anon- development agreement and crafting within that development agreement some of the staff Meridian City Council July 16, 1996 Page 33 - • conditions and concerns. Also the City Attorney's concerns. Rountree: I would like to have Gary respond to that. Smith: Mr. Mayor and Councilmen, I believe and I will paraphrase this a little because I am not sure of the exact wording, but in the ordinance part of the final plat submittal requires that development plans be submitted five sets with the plat. That is a package, it all comes in at the same time. From my standpoint if the applicant wants to do something different then what the ordinance requires then a variance would be required from the ordinance requirements. The second thing is that the preliminary plat on this project has been approved I believe by Council but the final plat has not, there is a one year time limit between the approval of the preliminary plat and the required approval of the final plat or the preliminary plat approval goes away. There is also a one year time limit from final plat approval to required recording of the final plat or final plat approval goes away. I don't know what the applicant time line is in marketing the property on the second part of those comments. But on the first part it seems to me that if the development plans are not forth coming with the final plat then a variance should be requested from the ordinance requirements because it is a shall requirement. I might be commenting here when Shari should be commenting but I believe that is what the ordinance says. Morrow: Now the construction information you are referring to is site construction, sewer, water, it is not necessarily building construction. Smith: That is correct, it is what I call the off site construction. Sewer, water plans, street plans. Which in effect is defining the alignmerrt of the streets within the subdivision which in turn defines the lot configurations of the subdivision. Seel: (Inaudible) One of the things too that was requested of us was to meet with Mr. Crookston who is unfortunately not here tonight. I did meet with him and discuss this thing just as 1 have discussed it today. His comment was he did not see any problem with it again and anyone is certainly welcome to talk to him I am not going to try and put words in his mouth. That was his comment to us which gave us the comfort to move forward. Again I think and I just want to emphasize it is not so much the time frame of this, that is really not the issue. When we are sitting down with an investor across the table one of his questions is do you have a final plat. No we don't have a final plat, at that point you can kind of see the light goes dim and you can see them looking in different directions. We are at a disadvantage right now in order to compete with what is a lot of other land available in the market Mr. Moore as you are probably aware owns Meridian Business Park. Wedid anon-development agreement with that and I know that goes back a ways. But we put the infrastructure in before we really began to talk as far as any type of development we would have done if that infrastructure was in. 1 think the key thing is here • Meridian City Council July 16, 1996 Page 34 " • we need help in terms of being able to market to people out there in the community. Whether we had 2 years, five years or two weeks between the preliminary and final is really irrelevant in my opinion. It is whether we can respond to that and say we have the final. That and whether or not there are other hurdles out there that we have to achieve. They don't hear that, they hear no we don't have a final plat. So again what we are really trying to do is put ourselves in the position where we can go out there and talk to these people and compete. We are talking to people, this is not a pipe dreare~. But you can easily have 16, 20 weeks or better between the time it takes to get a final plat. approved. As I say we are one right now in the County and it is 8 weeks. As another example on a project we did in Boise and I understand this is not Boise. We went ahead bec~se it was platted we were able to go ahead and consummate a transaction with (inaudible) Medical and in that particular case the road wasn't in yet. But they were comfortable enough to proceed with it because they knew the plat was in place, they knew we could move forward with the road. Had that plat not been in place and it is only speculation I would have to venture a guess that it was unlikely that they would have taken that risk. So, again without beating this too much we are simply asking for your assistance. We are asking for a way that we can move forward, be in that ring with both hands in front of us instead of one tied behind our back and be able to go after those types of companies that I thir~c you want within this community. With a preliminary plat we are at a disadvantage, whether again that is 2 years or 3 years between now and the final. So that is really in many respects the key thing here. Rountree: I have a question for Gary, and maybe Mr. Seel, how would one go about advancing roadwork on a final plat that had not construction plans with ACHD? Smith: Councilman Rountree you couldn't proceed without approval from ACHD on the street plans. You could proceed with sewer and water without approval from the City of Meridian public works department. If they have a final plat in hand and they are selling, is that what I am understanding that the applicant is going to proceed with final plat for approval and then market the property? The final plat outlines the street alignment Rountree: If that were to change then the plat would have to be modified. - - Smith: Right, so I guess I don't understand the rationale here to have a final plat but not have development plans that are drawn around the final plat. If streets start changing in the final plat and lots are delineated on the final plats and lots start changing then that comes back to the City Council for approval again. Or back to P & Z What have I missed, obviously there Bowcutt: Becky Bowcutt, Briggs Engineering, I think I can answer Gary's questions. One of the problems that we have had with the commercial developments and having the utility • Meridian City Council July 16, 1996 Page 35 ' C~ easements either in prior to the buyer coming in and purcthasing a lot is utility locations and sizing of like our water lines and so forth. We have had some cases where we had to tear out streets and they had to be reconstructed. It had to be moved over. The example that Jonathan gave of the Westpark project it was a previously platted development, it had been done quite awhile. We came in and did plans and we went through the City of Boise with our sewer plans, United Water with our water, ACHD with our street plans and we put that street and sized and the lot configuration we did a lot line adjustment to accommodate (inaudible) who was relocating from downtown. So that the lot line adjustments and the fact that we don't have any dedicated right of way internally within. this project. The utilities are to the property, there is central sewer to our north boundary. There is central water on our southeast corner. So we don't have any off site design that would be required, everything is internal within the project. Ada County Highway District will sign a plat without plans if you bond for improvements or you sign anon-development agreement with them. They do allow us to do that under certain circumstances. We will have some flexibility on this plat I think with the lot line adjustments. We have never, we have sized these lots based on what we can guess a typical user however they always change. One thing problem we have is relocating of seepage beds. We did on a project just a few months ago over where the Bureau of Land Management building was going in. The building ending up having to be placed right where we had a $30,000 seepage bed. It was tom up, it was relocated and moved. In doing so irrigation was damaged that went onto an adjoining property that had to be repaired. It is just really difficult these are totally unlike a residential subdivision in how they are developed and over the long term how they build out and what the needs are. Every user has a different need. Based on the ordinance this concept that we brought forward to this body is the most flexible concept that we could come up with within the confines of the ordinance. We understand that you do not have carte blanche, we can't come back and it just turns this loop road that is already a recorded plat turns into just a culdesac, we understand that but it does give us the flexibility to make some minor modifications based on the State code and the City of Meridian code. So we are just basically trying to work within the confines and figure out a solution to these peoples problems and based on our experience with problems on other commercial developments. Thank you. Corrie: Thank you Becky. Morrow: Mr. Mayor, it seems to me that there are some legal issues that need to be resolved and it might be to our benefit, to the applicant's benefit and the staffs benefit to have City Attorney Crookston here or between now and our next meeting prepare some information as to some guidelines as to how we ought to be going here. Gary has some valid issues to address that we need to cover. 1 think it is beneficial to table to the next meeting and in between now and then have City Attorney Crookston address the issues that we have got to deal with this from or what standpoint we need to deal with it or the Meridian City Council July 16, 1996 Page 36 " direction that we need to deal with"it. So I would move that we table until August 6. Tolsma: Second Corrie: Motion was made to table this to August 6, second by Mr. Tolsma, motion by Mr. Morrow, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea (Inaudible) Fitzgerald: Mr. Crookston will be back on the 22nd of July. ITEM #10: CONCERNS REGARDING FENCE VARIANCE FOR LOT 13 AND 14, BLOCK 2 OF HAVEN COVE SUBDIVISION: Corrie: Is Russ or Paula Rice, or John and Suzanne Van Zante here? Would you like to come up please and address the Council. Van Zante: My name is John Van Zante I live at 2642 West Leonard, Russ Rice is here as well and he would like to express some of his concerns as well. We live in Haven Cove Subdivision and cun'ently a variance has been granted to fence off the two lots directly to the east of my property. After talking with Mr. Stucker the owner his has informed me that he intends to use these lots for storage, to store RV's and whatever. He even mentioned offering storing other neighbors RV's within in this particular area. My concern first of all is that fencing off two lots in the middle of his subdivision is not harmonious to the rest of the property owners. My concern is property values will be decreased, I bought in a subdivision, there were several undeveloped lots within that subdivision. It wasn't a big deal, these two were no exception. Now come to find out the owner wants to fence them off and put a storage unit next to my house. It kind of upsets me. So my ~.oncem, I am not an attorney, I don't understand all of the legal ramifications but I am not sure that it would be legal for him to do this. I don't think it would be legal if I were to go into the middle of anybody else's subdivision and buy a lot fence it off and park a boat. The lots are zoned residential, the primary use is for residential. Yes ultimately they are not going to be used residentially. There have been rumors going around the neighborhood as to what exactly Mr. Stucker's final end use will be. And frankly I don't wish to share those because 1 am not Mr. Stucker and I can't tell you. I guess all t am looking for is an answer, can he, is it, can he fence these two lots off in the middle of our subdivision and do anything with it other than a house? You have granted him a variance which basically in my understanding gives him permission to do that. I don't think that like I mentioned before that I can go out in the middle of some subdivision buy a lot and fence it off and park my • C~ MERIDIAN CITY COUNCIL MEETING: July 16.1996 APPLICANT: ITEM NUMBER; 9 REQUEST: REQUEST FOR ANON-DEVELOPMENT AGREEMENT FOR INTERSTATE CENTER AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: ~~~ MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: .~ ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: 6"' OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • • ~ w ~. lvi®®~ J ~~ ~ - 1 ~"~~ C O M P A N Y ('*1'['Y ~F ~I~3~t~ Real Estate Development TELEPHONE (208) 323-19191 FAX 323-7523 600 N. STEELHEAD WAY, SUITE 144 (83704) P.O. BOX 8204 BOISE, IDAHO 83707-2204 June 28, 1996 William G. Berg, Jr. City of Meridian City Clerk 33 East Idaho Avenue Meridian, Idaho 83642 Re: Interstate Center Overland Road west of Meridian Road Dear Will: The WH Moore Company is requesting that the above referenced project be put on the (yity Council agenda for Tuesday, July 16, 1996. Specifically, we were prepared to submit the final plat to City Council for approval. However, staff advised us that construction drawings must be provided before Council would review the plat. The purpose for being on the agenda is to request that anon-development agreement be provided in lieu of construction drawings. (Please understand we are asking only that Council approve the use of the document, not the actual agreement). Obviously, we want the final plat approved, but we are opposed to preparing construction drawings at this stage of the project for several reasons: The plat for Interstate Center was developed to allow the greatest degree of flexibility. Currently, we are talking to several individuals interested in locating their operations at Interstate Center and it is highly possible that their requirements will modify the current site plan. Simply put, the construction drawings would have no relationship to the final project and would have to be redone. This is a very costly exercise we prefer to avoid at this time. Although the final site plan is "not cast in concrete" it is important that the final plat be approved. We have found that potential buyers/tenants are reluctant to move forward if the plat has not been recorded. Their concern is the time required to record a plat and the impact it could have on their transaction. With the amount of available land in the surrounding communities of Boise, Nampa and Caldwell, these parties do not have to incur the risk an unrecorded plat might present. As a result of our concerns, we met with the Mayor and Councilman Walt Morrow to express our willingness to prepare and sign anon-development agreement. As we explained, it is our opinion that a non-development agreement is a win/win situation for both the City and the WH Moore Company. From our standpoint, it enables us to move forward with marketing what we believe will be a very successful commercial project, one that will bring jobs to the community. And from the City's standpoint, the non- development agreement assures that no development will occur, within Interstate Center, until the necessary infrastructure is constructed. Both the Mayor and Councilman Morrow agreed with our position but requested that we discuss this with Wayne Crookston to be assured that anon-development agreement was legally acceptable. If no problem(s) existed then they asked that this request be heard at a future City Council meeting. We met with Wayne Crookston on Monday, June 24 and he has no opposition to using anon-development agreement, with the understanding that the actual document would need Council's approval. Having • received Mr. Crookston's approval we are now asking that the City Council hear our request for the use of a non-development agreement in lieu of construction drawings. We would like to attend the Tuesday, July 16th hearing if scheduling permits. Should you have any questions or require any additional information please do not hesitate to call. Sincere onathan R. Seel For the WH Moore Company CENTRAL •• DISTRICT 'HEALTH DEPARTMENT • MAIN OFFICE • 101 N, ARMSTRONG PL. • BOISE, ID 83704-0825 • (208) 315-5211 • FAX ~~ To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environme 96-167 April 10, 1996 R~CEIVE~ APR 2 4 199 Mr. David Navarro CITY ~~ MERIDIAN Ada County Recorder 650 Main Street Boise, ID 83702 - RE: Interstate Center Subdivision. Dear Mr. Navarro: Central District Health Department, Environmental Health Division, has reviewed the final plat on this subdivision and will RETAIN sanitary restrictions. Sanitary restrictions are to remain in force until engineering plans for the central water and central sewage facilities have been reviewed and approved by the appropriate authority. Sincerely, //-~ ~ Thomas E. Schmalz, E.H.S. Senior Environmental Health Specialist cc: Tom Turco, Director of Environmental Health Martin 0. Jones, Supervisor of Environmental Health HUD City of Meridian W.H. Moore Company Briggs Engineering Serving 1/alley, Elmore, Boise, and Ada Counties ADA / BOISE COUNTY OFFICE 701 N. Armstrong Place Boise, ID 83104-0825 Ph. 315-5211 VALLEY COUNTY OFFCE P.O. Box 1448 McCall, ID 83638 Ph. 634-1194 ELMORE COUNTY OFFICE 520 E. 8th Suet North Mountain Home, ID 83641 Ph.581-9225 • Meridian City Council. December 19, 1995 Page 26 • north south to keep the glare of the afternoon, evening sun out of your eyes. The only way to do a full court basketball court in this situation would be to run it east-west and not to mention it would eat up a lot of the green space. I might note that entire area whether you consider it a separate lot I suppose it could be platted as separate tot lot and basketball court lot but I don't know that does any good. It is probably better off being platted as one common area lot. In any case that entire common area lot there is roughly the length of a football field, 300 feet long, 100 yards long. Anyway, if the Council has any other questions I would be glad to address them. Morrow. The lots will be maintained and owned by the homeowners association will they not anyway? Turnbull: The common area lot, yes. Morrow: So it does not matter if it is one lot or two lots. Turnbull: Correct. Morrow: Thank you Turnbull: As you can see we have provided a separation between (End of Tape) Tolsma: Council members? Morrow. Mr. President, I would move that we approve the preliminary plat subject to staff conditions, ACHD conditions and Nampa Meridian conditions. Yerrington: Second Tolsma: Moved by Walt, second by Max to approve the preliminary plat for Bedford Place Subdivision subject to staff conditions, ACRD conditions and Nampa Meridian Irrigation District conditions, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR VALLEY CENTER MARKET PLACE BY W.H. MOORE COMPANY: Tolsma: Is there a representative here? Becky Bowcutt, Briggs Engineering, 1111 South Orchard, Boise, was sworn by the City Meridian City Council December 19, 1995 Page 27 Attorney. • Bowcutt: This particular property is approximately 39 acres in size. It is located north of Overland Road on the south side of I-84. It is just west of Meridian .Road. The property adjoins the Sandman Motel, the JB's Restaurant on its east boundary to the west is Mountain View Equipment. Then obviously north is Interstate 84. The blue area that you see right there in the northeast corner is Five Mile Creek that runs through there or Ten Mile Creek runs through there. It goes under the Interstate, there is also a City sewer main that runs through that area. There is an easement that exists. We have water, it is available right at this point, we will have to extend the water to our west boundary and then we will hook onto the sewer on that northeast corner. We have approximately 26 commercial lots as you recall a few months ago we annexed and zoned this to C-G. The applicant is proposing some retail or office uses in this particular development. It does have the overlying planned development areas zoning or comp plan over the top of it. The uses will require a conditional use application. Ada County Highway District as reviewed it, they have approved it with the four approaches. The Commission has endorsed the staff report. They have checked it for off site visibility because of the little hill that is right in this area here. They have checked our site visiblity and it meets all ACHD standards. The internal roadways are proposed as private. The reason we have done that is to allow maximum flexibility when this property develops if we go in with public right of ways we have to go through a lengthy process to vacate the public right of ways. And therefore for example up on the cul-de-sac area on the northwest corner if a particular user was going to purchase all four of those lots and say put one large building we basically just vacate the easement versus going through the right of way vacation. That process takes about six months. In our discussions with the applicant these street sections will be built to public street standards with a 41 foot section, 5 foot sidewalks, we have provided a 60 foot easement, the original submittal we had 50. Shari requested 60 and we have modified that. I have provided additional information to staff that they requested in their original review. We will be meeting as I mentioned before all ACHD's requirements. They have requested that we construct sidewalk along Overland Road. We also have the Kennedy Lateral that comes across Overland Road, runs along our South boundary. That will have to be piped with a 36 inch pipe. 1 have discussed it with Nampa Meridian Irrigation District and the applicant is fully aware that will need to be piped and the (inaudible) will have to be reviewed by Nampa Meridian and any alteration of that facility. It also has to come out of the right of way, we will have to dedicate additional right of way and right now with the additional right of way the lateral runs within the public right of way or the future public right of way. At the Planning and Zoning Commission they asked us to submit a landscape plan up along Overland Road, we did submit that plan to staff and came back to the Planning and Zoning Commission and we agreed that we will include the maintenance provisions and landscaping provisions within our covenants governing alf of these lot owners. The landscaping along Overland Road vuould be an easement and those facilities • • Meridian City Council December 19, 1995 Page 28 would be put in at the time that the first lot is proposed to be developed. One of the things the Planning & Zoning Commission brought up is they didn't want to see the landscaping done in a peice meal fashion, you may have one lot come in one year, two lots down another lot comes in so we would have a break in the landscaping. They wanted to see that done all at one time. The only request that we did have was with the lateral, the landscaping would have to coincide with piping of the lateral because as you can well see this is where the lateral will be piped, we will also have to coordinate our landscaping with Nampa Meridian to make sure that we don't have any deep rooted trees that would disrupt t hat pipe. Staff has also requested that we improve along that Ten Mile Creek, do some landscaping there so that we have something that is aesthetically pleasing. The applicant agreed that it will go in on that bank but we have that sewer line to contend with so we can't plant any deep rooted trees but we could go with some smaller trees some shrubbery, some lawn areas. We don't want to disrupt that natural flow. That is a protected stream, it is listed on Water Resources list so we don't want to do anything to disrupt that in any way. I believe that is it, do you have any questions for me? Morrow: I have a couple, with respect to the private road system within the subdivision. How is the proposal handled to maintain those roads? Bowcutt: Basically they will be the responsibility of all the lot owners. Morrow: Is there a mechanism, such as in residential subdivision it would be called a homeowners association, is there an association set up in conjunction with the covenants and restrictions to allow or to make that happen? Bowcutt: Yes, we would have to provide the document and I think in my response to staff that document would be provided with the final plat prior to your review of the final. The documentation that lays out and spells out maintenance, how those dues will be allocated and so forth for perpetual maintenance of this facility. It would be very similar to a good example is Boise Town Square Mall, those are not public streets that run internally within that facility. Those owners, they share the cost, they are different pads in there and so forth. Morrow. But in that case there is one major owner that being the Price Company, here you could have as many as how ever many lots. In the covenants, the association will have the ability to levy assessments and collect those assessments from the lot owners? Bowcutt: Typically that is how it is handled. Morrow. And in the structure of that, who makes the determination of when the road needs to be repaired? • Meridian City Council December 19, 1995 Page 29 Bowcutt: Who would make the determination? Morrow. My point being is that if the City of Meridian or ACHD came along and said this road is in need of repair how does that get to happen? As opposed to the association saying no we don't think it needs to be repaired and so then you have a clash between 3 entities. Bowcutt: I understand, I don't think I can answer that question at this time without consulting with the client. Jonathan Seel is here with W.H. Moore and potentially he could answer those questions. One thing that we do recommend for our clients is that they build these to the ACHD standards, have them tested in the event that they ever wanted a future dedication of these streets then that ability is there to dedicate them. They meet all standards and we have documentation from different testing laboratories. The compaction ratios and everything are correct. Morrow: I understand that, my point here is though at year 10 it may be by pavement management program would say that it needs to be seal coated and my concern for the general taxpayer is that the association gets together and gives the roads to ACRD in need of repair and we as taxpayers fund the repair of the road when rightfully they ought to fund the repair of the road. I am interested in seeing some sort of mechanism so that doesn't happen automatically. Bowcutt: That is understood, and typically I think a plantation where their streets started to just basically fall apart due to poor construction I was told ACHD would not accept those until they were brought up to their standards. Those particular, of course that was a residential development they did an LID out there to bring those up to standards and specs and then dedicating them. ACHD will not accept them is my understanding if they do not meet the standards so that burden isn't passed onto the the taxpayers. Morrow. In that particular situation the issue was handled in such a way, the roads were too narrow and to meet ACRD specs. So the condition of ACHD specs and so conditions of ACRD taking those roads was that the subdivision in future subdivision development phases would widen the roads and do it all at homeowners expense and so the homeowners association pays dues and a special assessment to off set cost. Actually I have a spec house in there so paid two fees and that is how that issue was handled. But my concern here was that we have some sort of mechanism that spells those out. Bowcutt: Well I think Jonathan can probably address that and when that final plat comes in that document would be submitted simultaneously. The City Attorney could review that to make sure that those mechanisms that you are discussing are in there. • Meridian City Council December 19, 1995 Page 30 Morrow. In reviewing the minutes from the P & Z the landscaping was a major issue and how it is maintained and you addressed those in your presentation tonight. Bowcutt: I addressed when they will be put in and maintenance of the landscaping, I did not address that, would be the responsibility of each lot owner since these are commercial lots. They just typically hire a maintenance company and they do everybody's. Morrow. With the exception of the common area, the common area is determined by the, Bowcutt: I don't have a common area. Morrow. in other words the landscaping that fronts along Overland is up to each individual property to maintain. Bowcutt: Yes sir, that is what the applicant was requesting. However the applicant would put the facilities in to make sure that we had consistency of landscaping and it aesthetically looked good like it was done with a plan and not piece meal fashion. Morrow: I think very candidly for your information from my perspective Overland Road is to be a 90 foot section line right of way, it is a major arterial. My interest would be that the owners association maintain so that there is a consistency and so that the City in the event that it is not being properly maintained has somebody to go to and say let's get it maintained as opposed to the City having to deal with 6 or 8 property owners individually and different standards of maintenance for each. Bowcutt: Understood, I think Jonathan can probably address that. Yerrington: I had one question on your ditch Becky, I think it is 48 inch and not 36 inch tile, you should measure some of that out there. Bowcutt: John Anderson indicated that he thought a 36 would work there based on the flows and the pipe sizing they had in Elk Run. Obviously that won't be determined until we get ready to do the design. I got the 36 inch from him. Yerrington: Well, it is 48 across the road. Bowcutt: Is it 48 across the road, okay 1 will bring that up to Mr. Anderson. Jonathan Seel, 8150 Emerald, Boise, was sworn by the City Attorney. Seel: I had just one other comment and I will address the concerns of the Councilman. • Meridian City Council December 19, 1995 Page 31 The other request that we had is back here as Becky mentioned, we have a 35 foot setback for landscape. In this area right here we of course have the canal and that falls in that 35 foot setback. That is really kind of a moot issue. This particular lot, Lot 8, Block 6 and Lot 5 what you are asking for or what has been requested is 35 foot setback for landscaping. What we would like to suggest is that be reduced down to 20 feet. The reason behind that is, I think the intention here is to create somewhat of a focal point. If you can kind of visualize going down I-84 . by the freeway once this area is totally developed which presumably should that is the reason we are getting into this. This whole area will be landscaped, you will have buildings, trees, you will have a variety of stuff. It will no longer be a focal point, it won't be a focal point any more than one person out here in this audience is a focal point. What it does is it really cuts down the area of our lots here. I think we can get 20 feet in here and keep in mind if you are going to have landscaping in these lots you are still going to get a, what I virould call a buffer or something that is going to be aesthetically pleasing, give you what you want but allow us to have lots that are developable. I think that still addresses what you want. We recognize up here along Overland you want the 35 feet because it is a focal point. We think back there 35 feet on the back end along I-84 when people are doing 65 and 70 down the road it is probably a little bit more than what we would like to put in. I don't know if there are any questions on that. Corrie: Mr. President, you said there will be landscaping in each individual lot? Seel: Each individual lot is certainly going to be developed, you are going to have some landscaping presumably. You are going to have requirements in the City that you are going to have a certain amount of trees and so forth per areas of asphalt. So what I am suggesting is that it is just like a house (inaudible) you do have landscaping, it isn't like you have landscaping and this is just going to be asphalt (inaudible) I think the intention up here is to have it, but I don't think it is really necessary back here. We are losing 15 feet of essential land. Corrie: So you will still be landscaping the front as well as the back? Seel: Yes sir, we would have the buffer along here and would certainly have the buffer along here, here you are going to have it along with the canal and than falls within the canal easement so it is really a moot issue. But over here in these particular lots what 1 would like to suggest is we reduce it down to say 15 or 20 feet which again will be landscaped. We can provide a plan for that, we can assure that is put in in a certain form. We would like to avoid having to do 35 feet. As I say if you look at the comprehensive plan it talks about encouraging doing landscaping it does say specifically 35 feet. So we are asking that be reconsidered. If there are any questions on that? I was going to respond to your concern of the roads. We are doing a park over here in Meridian, Meridian • • Meridian City Council December 19, 1995 Page 32 Business Park right now. I think what our intentions be is that we are building the roads in conformance with ACRD which of course you are very aware you have to have certain compaction, the depth of the asphalt and so on. If we go ahead and do that we will either dedicate those roads I think as soon as they are constructed if that is their decision. I don't visualize that we are going to defer that 5 or 10 years down the and say let's hand those over to ACHD. So I am not sure that the maintenance issue is probably at least in my mind its big concern is it might be. I don't think it is our intention, our intentions is to do these as public roads, I think our intention would be to dedicate those to ACRD as soon as the project is completed and not delay that. I don't see any incentive on our part if we do that. I think what is going to dictate is ultimately what is developed within that park. If it is retail it might be something different, but I think in this case if it is warehouse or office or that type of thing then I think we would clearly dedicate that immediately. Morrow. I take some issue with your comment, from my perspective in terms of develop out as you and I both know this is an up and down game. The Meridian park that you are referring to has been almost 15 years at development and build out from time of original approval. What I am suggesting to you is that in the case of this that point of your dedication of those to ACHD when it is built out could be 15 years from now. Very candidly it seems to me like we need some sort of protections in there within that association to see that those things happen and if in fact they are dedicated to ACHD in 4 or 5 years than fine the issue doesn't apply. But if they are dedicated at some point in the future or not dedicated at all as the association may desire than we need to have some provisions to make sure that those things happen. I use as a case in point some private roads in the Boise area and these have become major issues. It is my understanding that Boise no longer looks at private roads because of the maintenance issues, is that correct? Seel: That I don't know, I know in response to Meridian Business Park those roads were dedicated immediately in phase 2 which we are completing right now. We will dedicate those this spring when the asphalt is complete, we are partially through. But I think presumably we can address your maintenance issues and your concerns and I think they are viable ones. We don't have any specifics right now and I would be a liar and sat here and tried to tell you we had something planned out and spelled it A, B, C, D. I think that is a viable concern and we can take a look at that. I can't give you an specific answers at this point. Morrow: I understand that, my last question is with respect to the Ten Mile Drain. You indicated that there was going to be some landscaping along that? Seel: Yes, there is a buffer back there that will be landscaped too. Morrow. How do you work that out with, it is my understanding that is owned by the Bureau Meridian City Council December 19, 1995 Page 33 C~ of Reclamation and Nampa Meridian has a maintenance agreement. Seel: I believe that is my understanding. Morrow. Do you have to do any license agreement with Nampa Meridian or the Bureau of Reclamation to do landscaping along through there? Bowcutt: We will have to obtain their approval, submit a plan and obtain approval from them. I have talked with both John Caywood he is the one that faxed me over the information on it is a preserved waterway on the preservation list. And 1 have talked to Anderson about it. Morrow: What does a preserved waterway mean? Bowcutt: That you can't go in and alter the channel or modify it. It is a natural drainage channel. So we can go in and dress it up, if there was natural repairing areas that they they deem valuable obviously we couldn't disrupt them. Morrow: Thank you, I have no further questions. Tolsma: This is a public hearing, does anyone else wish to offer testimony on this? Russ Hunnemiller, Meridian, was swum by the City Attorney. Hunnemiller: My main concern, I own the property to the east which is Mr. Sandman. I am concerned about setbacks from property for fire. I am concerned about loading and unloading trucks for noise and also landscaping on that side. That is about it. Tolsma: Any questions of Russ? Anyone else wish to offer testimony on this plat? Seeing none I will close this public hearing. Morrow: I have questions for the staff, Gary, have your comments been addressed, the ones dated September 7, to your satisfaction? Smith: Councilman Morrow yes they have. Morrow: And Shari, have your comments been addressed and I guess I would also ask your opinion with respect to common area issues in terms of the landscaping and your experience with private road issues. Stiles: Councilman Morrow, are you referring to the 35 feet? Meridian City Council December 19, 1995 Page 34 Morrow: Yes Stiles: We have been requiring that on all developments, some of them have been incorporating that as a drainage swail or something. They have been able to use it as something so they are still being able to use it for something that is useful to them. They are just talking about the reduction to 20 feet on the north. Morrow: That is my understanding, your comments there. Stiles: I guess depending on what kind of a plan they had I haven't seen a plan submitted on exactly what they would be doing along that corridor or maybe something that they can do along Ten Mile Drain would compensate for a reduction in that. 1 don't know, I can't tell without seeing a plan. Morrow. And the issue with a common ownership lots, in terms of whether we ought to do those as individual lots or have them a common area that is owned by the subdivision and maintained by the subdivision owners association. Stiles: From an enforcement perspective it would be much easier if it were a common ownership and a separate lot. Morrow: I have no further questions. Corrie: Mr. President, Shari, I have a question (inaudible) what are you going to do on that east landscaping next to the Sandman, what are your recommendations? Stiles: The plat does show some grass along there, I don't know if that is some existing grass or not. The fire wall issue would be taken care of during the building permit, they wouldn't be issued a building permit if they didn't have the appropriate fire walls. Although there are people that will be sleeping in the motel it is a commercial use and they do have the same setbacks as this plat which would be zero setbacks. Morrow. Could those issues (inaudible) each issue here is a conditional use permit required could not some of those (inaudible) on each use for those lots that are adjoining. Stiles: Yes, and I am sure if we got a request for trash compactors and a loading dock that would probably need to be revised. Corrie: If I was sleeping there I would certainly hope so. Morrow: I have no further questions. • • Meridian City Council December 19, 1995 Page 35 (Discussion Inaudible) Morrow: Mr. President, I would move that we approve the preliminary plat for the Valley Center Market Place subject to staff conditions, ACHD conditions, and also subject to the addition of a owners association with landscaping areas being separate lots owned and maintained by the owners association, also subject to the private road being owned and maintained by the owners association. With the authorization that the 35 foot landscaping on the freeway be allowed to be a 20 foot landscaping area along the freeway. Yerrington: Second Tolsma: It has been moved by Walt, second by Max to grant the request for preliminary plat for Valley Center Market Place subject to staff conditions, ACHD conditions, that the landscaping and the private road be through a homeowners or business owners agreement and that the 35 foot landscaping on the north side next to the freeway be limited to a 20 foot strip. Morrow. I think you said a businessman's agreement, I prefer business owners or owners association. Tolsma: Business owners or owners association to take care of the landscaping and the private road, atl those in favor? Opposed? MOTION CARRIED: All Yea Yerrington: Mr. President, I move for a five minute break. Corrie: Second FIVE MINUTE BREAK ITEM #17: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 28.49 ACRES TO C-G BY BILL HOWELL: Tolsma: Is there a representative here? Steve Bradbury, 300 N. 6th Street, Boise, was sworn by the City Attorney. Bradbury: As you know this is an application for annexation for a zone designation of C-G, General Commercial designation with a conditional use permit for a truck dealership facility. I would like to introduce the people who are here who may have some questions C~ COMMENTS MERIDIAN CITY COUNCIL MEETING: DECEMBER 19 1995 APPLICANT: W.H. MOORE COMPANY ITEM NUMBER; ~ L REQUEST; PUBLIC HEARING• REQUEST FOR A PRELIMINARY PLAT FOR VALLEY CENTER MARKET PLACE 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 MINUTES FROM 11-14-95 P ~ Z MEETING SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS ~~~1~~~1~~ C~I~~S ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~ ~ ~'~ ~~ ~ ~~ ~~ ~ ~ SEE ATTACHED COMMENTS ,~^ ..y ~ ((G, ~ ~ Y~ J (~ ~'"" - ~ , SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS P~~ ~~~, d ~~~~cd~~ w~` S~'~'.~ ~~~~' ~ss~ b ,iY" ,p~ ~NL cros~{~~It'Y 1 ~ ~~~~r~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • Meridian Planning & Zoning Commission November 14, 1995 Page 18 Shearer: I move we defer this until later in the meeting. Hepper: Second Rountree: Moved and seconded, all those in favor? Opposed? MOTION CARRIED: All Yea Rountree: Let's go back to item 2 on the agenda, which is the preliminary plat for Packard Subdivision, we need a motion on that. I don't believe you can take any action until the annexation and zoning has been completed. Shearer: We have already deferred that so let's go on to 3. Rountree: Okay, it is considered deferred until later on this evening as well. ITEM #3: TABLED OCTOBER 10, 1995: PRELIMINARY PLAT FOR VALLEY CENTER MARKET PLACE BY W. H. MOORE COMPANY: Bowcutt: If you recall this item was heard I believe in September. It was a public hearing for preliminary plat approval. The Commission asked for 3 different items, one they wanted us to submit a landscaping plan along Overland Road for this commercial subdivision which we have submitted landscape plans. Shari and I brought copies for you to look at this evening. Two, at that particular time Ada County Highway District staff had not reviewed this project formally reviewed nor had they written a staff report. We have since received a staff report and then there was one item where we had a difference of opinion and then we received a letter this week from Mr. Sale addressing the item. One of you recall one of the issues that Mr. Sale brought up when we had our public hearing was the issue of the site visibility for this approach right here. After review by the ACRD traffic engineer it has been determined that approach is acceptable, we don't have any hazard with visibility. I brought copies of that for you this evening. The letter on top is the letter from Mr. Sale (inaudible). The one issue that we could not agree on was the number of approaches, we had a previous commitment from ACHD in writing that we were allowed up to 5 access points for these parcels on Overland Road. We had submitted a preliminary plat showing four approaches, two were the private road accesses and two were drive ways shared by two lots. ACHD came back and said we would only allow two approaches then they revised their staff report and indicated they would allow only three and then finally they agreed that they had made previous written commitments to my client and accepted the four approaches. So I believe, Rountree: Would you point those out? • • Meridian Planning & Zoning Commission November 14, 1995 Page 19 Bowcutt: One right here, one here and then these two little gray areas are the approaches which is a shared approach for these two lots right here. This is basically, this was done by Hillside Nursery, this is the company that my client utilizes for his landscaping. They show maples and some various burning bushes and junipers, old gold junipers, Autumn Ashes, kind of scattered throughout there. This is just one half of that area. They wanted to do it at 20 scales so it takes up a pretty big drawing. I just kind of colored that up to kid of give you an idea of what that would look like. That second part of that design is this right here. It is basically the same consistent, the same type of junipers, red twig dogwoods, burning bushes, Autumn Ashes, etc. Hepper: Would that be a berm? Bowcut: Yes, that would be a berm and sodded. Hepper: What would be the height of the berm? Bowcut: They didn't indicate on this particular drawing, usually they range from anywhere from 3 to 5 feet. Typically four commercial type developments you don't want them too high it is not like residential where you are trying to buffer them from road noise. You want your visibility for commercial type developments. I kind of colored this one up a little bit to kind of give you an idea of what this particular site looks like. If you recall this Ten Mile Creek running parallel here and then it goes across Interstate 84. This is a natural waterway, it is listed by Water Resources a protected waterway so we can't go in there and make any modifications to it or disrupt that in way shape or form. The City of Meridian also has a sewer easement that runs parallel through right through here and then runs across the interstate. There are existing I believe four existing manholes so we could, I think Shari in her comments asked that we basically try to improve the looks of the bank on our side but we would have to be very careful. Here I show just basically a little bit of green showing a little contouring, maybe a little sod or something more natural like a red (inaudible) or something like that because we can't put any trees over that sewer line, that is basically the City's policy. Right through this area here you could put turf and trees and shrubbery along that section of the Interstate because we don't have any interference with the sewer line. We also kind of showed some trees and shrubbery along here so you kind of get a visual view if you were looking from above. One of other issues that was brought up that you wanted us to consider and come back with some answers is the maintenance and the question of who would take responsibility of putting in these landscaping facilities along Overland Road. After meetings with the developers they indicated that they would be willing to stick in their protective covenants which will govern all of these commercial lots, maintain the integrity of building styles, materials and landscaping. This particular landscaping plan would be tied in with those covenants and therefore (inaudible) they would have to landscape according to the plan and basically but in a timetable that this will • Meridian Planning & Zoning Commission November 14, 1995 Page 20 have to be done within a certain time frame like prior to occupancy and so forth. One of the problems that we find with commercial lots unlike, just like residential lots you don't go in and landscape a residential lot and then tum around and build the home on the lot. The fear is if we go in and build this when this is constructed the (inaudible) and so forth so our preference would be obviously maintain the same type of landscaping throughout the whole Overland frontage and this could be done by binding the plan through the covenants. We don't want a hodge podge and nothing matches and we appreciate you guys taking the initiative and ask that there be consistency in landscaping along there. As far as maintenance, maintenance would be basically (inaudible)whoever owns that particular lot just like maintenance of their trees within their parking areas, along the perimeters of their building. The City has in their ordinance requirements that they have so many trees and so forth and a combination of open space or grass as compared to their asphalt. Do you have any questions? Johnson: Does anyone have any questions? Are you finished? Bowcutt: Yes, I think Jonathan had a couple of comments that he wanted to address. Seel: Just one other quick comment if we can. Another requirement that was asked by the City of Meridian was a 35 foot landscape setback along here. Of course this is I-84. What we would like to ask is the set back also goes along here and it doesn't really affect us because you have a sewer easement here. But we would like to ask that the City reconsider the 35 foot setback along this area. We feel that is a fairly sizable setback and I think the intent of that is to make that visually pleasing. I think if you can kind of visualize going down the freeway when this park is fully developed however it might be developed, you are going to see the buildings, you are going to see a lot of landscaping, you are going to see a lot of different things within in that, this is not going to be a real visual point. Up here you have an entrance and you certainly want a visual point there but back here to give up 35 feet of the land really cuts into those lots. There will be landscaping here but keep in mind there will be landscaping in these lots along the roads and trees and stuff so it all will blend in. So what we would like to ask is that in this particular area right here which would be lot 5, 6 and 8 that we reduce the setback down to say something more in the neighborhood of 15 or 20 feet which we would landscape. Keeping in mind that the rest of the park and the rest of the development will also be landscaped and it will be a blend and you are not going to have quite the focal point here that your intention of 35 feet setback up here in the entrance way you would have. So we would just ask that you consider (inaudible). Johnson: Shari, the setback 35 foot is part of our ordinance? Stiles: Chairman Johnson and Commissioners, this is not in the ordinance it is expressed • Meridian Planning & Zoning Commission November 14, 1995 Page 21 in the Comprehensive Plan as an ideal for entrance corridor roads. Johnson: So it is not necessary for them require a variance then? Stiles: No Johnson: Thank you, Charlie you had a question of Shari. Rountree: Shari or Gary either one, the indication by the applicant was to have the landscape taken care of by covenants. The City has no control over covenants, what are your thoughts on that? Stiles: Commissioner Rountree and Commissioners, that is what is typically done in any subdivision, residential or commercial that is what is being done at Fred Meyer, it is, I guess I don't really know what you are getting at. Rountree: Are the landscape requirements in those developments part of the covenants for the subdivision or are they part of the development agreement? And the actual approval of the subdivision plat. Stiles: They are typically both they are included in the development agreement and have been on some projects made conditions of the preliminary plat. Usually it is spelled out as a common lot that is to be owned and maintained by the owners association In this case 1 guess it would be just the developer. Rountree: My understanding of the presentation is that it would be the responsibility of each lot owner not a common lot to the subdivision. Stiles: So then it wouldn't necessarily be consistent. Rountree: The suggestion is that it be consistent by covenants by the subdivision but not be specified in the development agreement for the subdivision or a condition of issuance of a building permit say. Stiles: I believe it should be in place prior to building occupancy if anything. The entire landscaping should be in place prior to any either the building permits being issued or the occupancies being issued. And then thereafter could be maintained but I think to be consistent it should all be done at the same time. I think that is, is that not what. Rountree: That is not what I heard. Becky might want to clarify that. • Meridian Planning & Zoning Commission November 14, 1995 Page 22 Bowcutt: If I could clarify that, basically what, we want this to be bound by a particular plan that is on file at the City. So it wouldn't just be some comment in the covenants refereeing consistency in the landscaping. We are talking about binding the project to a specific plan that is on file. All the uses within this project fall under the conditional use category because of the planned development. So at that time you will have those landscaping requirements imposed. We have landscaping requirements imposed with our development agreement when we did our annexation of the_ western 20 acres. Then we could have another condition so I think we have covered ourself multiple times. As far as construction of the landscaping facilities the developers preference would be that it be constructed in conformance with the plan on file at the City and referenced in the covenants as each lot develops. And then that area will be maintained by that commercial retail or office or whatever that particular use would be. They would maintain that just as they do the rest of their landscaping facilities. It would be an easement on the plat stating that this is the 35 foot landscaped area long Overland Road and state responsibility and so forth. So we are trying to protect that it won't go to' weeds that we won't have a problem. With commercial facilities typically your maintenance is a lot better than with residential. Residential things fall through the cracks. Typically commercial you find that the curb appeal is important to those people. Hepper: I have got a question, Becky, if any of parcels along Overland Road wouldn't sell or be built on for a couple of years, for example out along E. 1st Street and Meridian out here by McDonalds and stuff there are some vacant parcels there that are just now getting built in after a couple of years. If those weren't built on for a couple of years then that particular strip of landscaping would not be finished. Bowcutt: That would be correct and that would be an issue that you obviously would have to look at. Hepper: I think that is what we are trying to look at is some way of getting it all done and then when it is built they can maybe be responsible for their own maintenance. That would be my own suggestion. Bowcutt: That is fair, if the Commission deems that more acceptable then obviously. Hepper: Do you know if you have got occupants for those pieces of property, let them do it if not the developer is the owner of that property I think that whole thing should be developed at one time otherwise you are going to have gaps in the development. One lot will be done, one lot won't and one lot will. Bowcutt: I can't deny that, chances are that most likely will happen. Meridian Planning & Zoning Commission November 14, 1995 Page 23 Hepper: It could take a year or two before all the lots are sold out. Is that more or less your question too? Rountree: That is my concern. Johnson: This document, this paper that Becky submitted for the record this is a draft copy, I wouldn't expect you to digest all seven pages. of this at a sitting. But this won't actually go before ACRD until November 29th. I need to point that out for the record that this is a draft report of what is proposed. Does anyone else have any questions or comments? What would you like to do? Rountree: Mr. Chairman I make a motion that we pass this application onto City Council with a favorable recommendation provided there aren't any major changes in the recommendations from ACHD and that the landscaping be included as part of the development of the subdivision. Shearer: Second Johnson: We have a motion and a second to pass this on to City Council with the conditions stated by Commissioner Rountree, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: TABLED OCTOBER 10, 1995: PRELIMINARY PLAT FOR CENTRAL VALLEY CORPORATE PARK NO. 6 BY BOB NAHAS: Johnson: We have received a submittal from the applicant asking us to table this item again. We should table it to a date certain they have not requested a specific date. The next meeting would be the twelfth of December. Shearer: I move we table this until December 12 meeting. Hepper: Second Johnson: It is moved and seconded we table item #4 at the applicant's request until our next scheduled meeting December 12, 1995, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST WITH A CONDITIONAL USE PERMIT FOR BILL HOWELL: 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 S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chfef 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 GRANT P. KINGSFORD Mayor MEMORANDUM: To: Mayor, City Council and Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer Re: VALLEY CENTER MARKET PLACE (Preliminary Plat - By W.H. Moore Company) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER September 7, 1995 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: GENERAL COMMENT 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-6t?S.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. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the development plans. 4. Submit copy of proposed restrictive covenants and/or deed restrictions for our review. 5. Provide 5 foot wide sidewalks in accordance with City Ordinance Section 11-9-606. B. 6. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 7. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any necessary corrections to the Preliminary Plat map prior to resubmittal to the City. C: \WPWIlV60\GENERAL\VAL.CEIJ1'R.P&Z ~ N Mayor, Council and P&Z September 7, 1995 Page 2 8. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 9. Submit a master street drainage plan, including the method of disposal & approval from the affected irrigation/drainage district. 10. Respond in writing, to the each of the comments contained in this memorandum, and submit with a minimum of three copies of the revised Preliminary Plat Map to the Public Works Department prior to the scheduled hearing date. SITE SPECIFIC COMMENTS 1. Sanitary Sewer service to this site could be via the existing Ten Mile Creek Trunk line along the northerly boundary. An access easement, 20 feet in width centered on the main, needs to be shown across Lot 9, Block 1 for transmission of sewer. Applicant will be responsible to construct the sewer mains to and through this proposed development. The proposed engineering plan submitted shows sewer mains stopping short of Overland Road. These mains need to be extended to Overland Road and across the frontage of the development. By extending both of these mains, a crossing of the Kennedy Lateral may be avoided, and the extension of the main between Lots 17-20, 23-26 may be eliminated. The subdivision designer is to coordinate main sizing and routing with the Meridian Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the roadway centerline. 3. Water service to this site could be via an extension of the existing mains installed in Overland Road. The extension in Overland will need to be a 12 inch diameter main. Applicant will be responsible to construct the water mains to and through this proposed development. The subdivision designer to coordinate the main sizing and routing with the Meridian Public Works Department. . 4. Revise the Preliminary Engineering Plan to include all proposed and existing utilities including pressurized irrigation, with proposed source, street lights, storm drainage etc. , and addressing all other comments contained herein. Resubmit the Preliminary Engineering Plan with the revisions to the Public Works Dept. 5. Submit a master street grading and drainage plan including method of disposal & approval from the affected irrigation drainage district. b. 250 watt high pressure sodium street lights will be required at locations designated by the Meridian Public Works Department. All street lights shall be installed, at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. C:\WP WIlVEDW~NERAL\VAL.CENTR.PAZ Mayor, Council and P&Z September 7, 1995 Page 3 7. The Preliminary Plat map needs to be stamped, signed, and dated by the Design Engineer or Land Surveyor. 8. The location, vertically and horizontally, of the existing 12 inch irrigation siphon shown on the Preliminary Plat map needs to be tied down. This line may need to be relocated if it will be in conflict with building sites. Show the easement lines that are referenced on Lot 8, Block 1 for this siphon line. 9. Provide the Public Works Department with the proposed street section for the private drive. Also please provide details as to the design criteria being used for the section. C:\WP WIN6p\C~NERAUVALCEN'I'R.PdcZ • HUB OF TREASURE VALLEY • WILLIAM G. BERG, JR., city clerk A Good Place to Live RONALD R. TOLSMA JANICE L. GASS, Ciry Treasurer GARY D. SMITH, P.E., City Engineer CITY OF MERIDIAN MAX YERRINGTON BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO P & Z COMMISSION DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & z Adm. MERIDIAN, IDAHO 83642 JIM JOHNSON, Chairman PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 MOE ALIDJANI KENNETH W. BOWERS, Fire Chief Public WorksBuilding Department (208) 887-2211 JIM SHEARER W.L. "BILL" GORDON, Police Chief Attorney JR. CROOKSTON WAYNE G Motor Vehicle/Drivers License (208) 888-4443 CHARLIE ROUNTREE , , . TIM HEPPER GRANT P. KINGSFORD MEMORANDUM Mayor TO: Planning & Zoning Commission, Mayor and Council ~^ FROM: Shari L. Stiles, Planning & Zoning Administrator DATE: September 8, 1995 SUBJECT: Application for Preliminary Plat for Valley Center Market Place by W. H. Moore Company 1. Roads are shown as private streets to facilitate possible future needs of replatting/lot line adjustments without requiring vacation through ACHD. However, all ACHD and City standards shall be met, including 60' road easements and five-foot-wide sidewalks. 2. Detailed landscaping plans will be reviewed during the building permit process. A minimum of one (1) three-inch (3") caliper tree is required for each 1,500 square feet of asphalt. 3. The natural feature of the Ten Mile Drain should be enhanced to the greatest extent possible, and no encroachment of the easement by structures/fencing will be allowed. 4. As Overland Road and I-84 are both entrance corridors, 35' landscape setbacks shall be required on the north and south boundaries. 5. A development agreement is required as a condition of annexation. 6. Applicant is to comply with Findings of Fact and Conclusions of Law, Meridian City Ordinances, and Comprehensive Plan for all development. All development plans are subject to the conditional use permit process. WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • • COUNCIL MEMBERS HUB OF TREASURE VALLEY A Good Place to Live RONALD R. TOLSMA MAX YERRINGTON RIDIAN CITY OF ME WALT W. MORROW 33 EAST IDAHO P & Z COMMISSION MERIDIAN, IDAHO 83642 JIM JOHNSON, Chairman Phone (208) 888-4433 • FAX (208) 887-4813 MOE ALIDJANI Public WorksBuilding DepaRment (208) 887-2211 JIM SHEARER Motor Vehicle/Drivers License (208) 888-4443 CHARLIE ROUNTREE TIM HEPPER GRANT P. KIlVGSFORD 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 81 Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: September 5. 1995 TRANSMITTAL DATE: 8/21!95 HEARING DATE: 9/12/95 REQUEST: Preliminarx Plat for Valley Center Market Place BY: W H Moore Company LOCATION OF PROPERTY OR PROJECT: North Overland Road and West of Meridian Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, 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 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 & FINAL PLAT) BUREAU OF RECLAMATIO LIM FINAL PLAT) CITY FILES / ~ ~ _ ~TU~n. / ~' / .- ~~ 6 2 5 t~~~ CITY OF MERID1AAi YOUR CONCISE REMARKS: 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 S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~ COUNCIL MEMBERS HUB OF TREASURE VALLEY A Good Place to Live RONALD R. TOLSMA MAX YERRINGTON Y O~ MERIDIAN CIT WALT W. MORROW 33 EAST IDAHO P & Z COMMISSION MERIDIAN, IDAHO 83642 JIM JOHNSON, Chairman Phone (208) 888-4433 • FAX (208) 887-4813 MOE ALIDJANI Public WorksBuilding Department (208) 887-2211 JIM SHEARER Motor Vehicle/Drivers License (208) 888-4443 CHARLIE ROUNTREE TIM HEPPER GRANT P. KINGSFORD 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 5, 1995 TRANSMITTAL DATE: 8/21/95 HEARING DATE: 9/12/95 REQUEST: Preliminary Plat for Valley Center Market Place BY: W H Moore Company LOCATION OF PROPERTY OR PROJECT: North Overland Road and West of Meridian Road JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, 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 & FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES 6~ V ~ ~ , ~ tS-- OTHER: YOUR CONCISE REMARKS: .e s . ~ ~-t e ~e~ w ~f(1, ~~r h.A- _. '7` ,e t~.>-e •e frFits ~ h~rC~ ~/J-F ~L~e,a.y. AUG 2 3 1995 ~;I~`Y U~r ~i~Kt~-thi • G~7(1~ JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary TO: W.H. Moore Company 8150 Emerald Suite 140 Boise, ID 83704 FROM: Karen Gallagher, Coordinator Development Services Divisi SUBJECT: Valley Center Market Place-Preliminary Plat Overland Rd west of Meridian Rd ~_yy.nw~ November 30, 1995 On November 29, 1995, 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 • • November 30, 1995 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 one yeaz. An extension of one yeaz 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 Briggs Eng. City of Meridian • ADA COUNTY HIGHWAY DISTRICT Development Services Division Development Application Report Preliminary Plat -Valley Center Market Place Overland Road w/o Meridian Road, City of Meridian Valley Center Market Place is a 26-lot commercial subdivision on 39.06-acres. The site is located on the north side of Overland Road approximately 350-feet west of Meridian Road. This development is estimated to generate 7,800 additional vehicle trips per day if developed as a business park of commercial use. Roads impacted by development: Overland Road -Minor arterial with no pathway designation - Traffic count 5,669 in 1990 ACHD Commission Date -November 29, 1995 - 7:00 p.m. F~~~; ~~ RT ~• ~ ~ ~ ~ 84 ~ ~ .-o,~, FREEWAY LoT s Lor s ~` °-,~ I N T E R C !i A N G E euc 1 ~ ~ ~ ~ i r LOT r! LO7 9 LOT 4 I i LOT 1 LOT 10 ~~ j I I I 1---'--- -- t3Riy'~. 6klVE ---- ~~ LOT tt ~ ~~~ LOT 3 i ~ ~~~` ~~ I j LOT 21 LOT 20 L07 19 l0T 18 LOT 17 LOT td ~~ ~ 3 I I ~~ ~~ Lor 12 - I Or pN I I ~ ~ Lor 2 i~ ~ ~ eLK 1 MR. 1 i dye. I 2 I I I I BLK 1 ~ i LOT 13 I I 91JC 1 ~ I lOT 22 LOT 23 l07 24 LOT 23 L07 26 LOT 1s I ~j l 1cvP D I Lar 1 ~ a DRS icwhYS~ ~ I I LOT 14 I ~ oh ~2W/pD la I ~ =,o. ~4~ QU I..JQN KENNEDY LITERAL ~. SVB. OVERLAND ROAD ~ . ~ ~ ~ I ~ ~ ~ I 9 S~ ~~~,~ ~ 3 2 ~ ~ ' ------ _ I ~ ' ' ~ ~_~ ~ ~~ ' I + r ~ ~ ~ r ~^S 1 I ~ ' I. ~ ~ i I, ~ n ~ / • ) 2 I L ~ ~ v 1 y ~ ' /~ ~4 _.-~~ Ft ~ L a (~ ~.1 ~ w. GAVENP~~Q' OA ~ ~ ~~ 28 27 ( 14 13~ ~s ze te.•. ~ 1s 12 onve~ I a ~1 r ~ so is >%3 } I s o - 2 1 10 U Q ~ laJ 3 S.1 4 > ~ 7 J kJ v 9 j 39 '4 ~ 32 23 i9 g t7 - •--• - - -. ...- •-- -- •-. ~ -..-~ 0. vi vi 38 ~ 33 22 y 1 ~ -` ~ -~_ f / J 36 _ ; ~ ~ ~ tri O 34'/ 21 20 6 3s ' • ^ ~ • W. CALDERWOOD ST. ~ 7 6 8 I W ~ • 13 0' ~ I~ "~O. an s a r 9 ~ z ~~ 7 I- I 7/r\ / 1 A 1 S 1/-~ w ~ ~n• / ~~ ' E Vlf~D"W70 /D 7YfY~/MD9t ~9Q~Off6 tl9A01 '700Y an a19~ awloo ]9s m~~ A a a 9 Y q F ~ ~ b ° ~~ A t~ t i ~~;1ig44~ a;`1t~ ':,'i ~~ l~I~~.a~~ ,1l~.~,lr~l1l:a I. Ii~e II~•~ ~~III~ !a ~ I~ ~ ~~ ~ ~ ,~ ~ s- ~. f ~~ Aa ~~ ye M r•~y .001 - ]11GK19066 516 W1V90 ~17RE •~awwlmswu ~•'~~ vivid ~a~alnn'7i1e... W b ~ ~ ~wt~~w.w 2i~LN:i~ .L~'TIYA ~ Ws6~o1 ~ mW 9M 71a9a slwr o aw9r n ~ 6v "" y e i6v ia --- tr- r---T } ~ 1 ~ ~ ~ ~-~ n I I ~~~ i 1 ~ ~ ; J ~/ d !11 ~ ~/ ~~ s `Y~ ~~ ~~~ OD 110.610] 111]N 'pLw I Q1 I n /~ Q Q P~ D 2 d J w 7 O • Facts and Findings: A. General Information C-G -Zoning 26 -Lots 39.06 -Acres 0 -Lineal feet of new public streets 288 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Overland Road Minor arterial with no pathway designation shown Traffic count 5,669 in 1990 1,700-feet of frontage 50 to 65-feet existing right-of--way (25-feet n/o centerline; 25 to 40-feet s/o centerline) 90-feet required right-of--way (45-feet from centerline) Overland Road is improved with 24-feet of pavement with no curb, gutter or sidewalk and was overlaid in 1990. Utility street cuts in the new pavement on Overland Road will not be allowed unless approved by the District Commission or until after the five year moratorium for cutting pavement. B. On May 3, 1995, the Commission acted on rezone MRZ-4-95 which includes the western portion of this site. C. The site is currently undeveloped. D. Overland Road currently has only two travel lanes. An irrigation canal borders the south edge of the project site (i.e. the north edge of Overland Road). The ultimate development of Overland Road is expected to include five lanes (i.e. two travel lanes for each direction plus a center turn lane). This roadway section will require 90-feet of right-of--way. The presence of the canal on the north side of Overland Road will complicate the ultimate design and right-of--way requirements. Staff recommends that the applicant coordinate the dedication of additional right-of--way and relocation of the irrigation canal out of the future right-of--way with the District and the appropriate irrigation district. This may require a new location and/or easement for the canal, or a relocation of Overland Road. The coordination and decision regarding this matter should be resolved prior to preparation of a final plat. VALLEYCE.WPD Page 2 • i E. The "planning capacity" of a two lane roadway (as Overland Road is) is accepted to be 15,000 trips per day. The last count of traffic volume on Overland was 5,669 in 1990, counted near the east end of this property. It has surely increased in the five years since the count was taken. This development at build-out is projected to generate 7,800 additional trips per day, and will bring the estimated volume on Overland Road to 13,469 without any additional development. The 7, 800 trips per day represents more than 80 percent of the "available capacity" of the roadway link fronting the property, however the link will still operate at Level of Service (LOS) `C' or better. Consistent with previous decisions made by the Commission, staff recommends that the post-development level of service of the Meridian Road/Overland Road intersection be used to measure the detrimental effects of this project, rather than the LOS of the roadway link. A Traffic Impact Study (TIS) should be required of this applicant to examine three specific segments of the transportation system that will be impacted by this development: The post-development level of service of the Meridian Road/Overland Road intersection. The need for a traffic signal on Overland Road to accommodate development of this and other future developments at one of the private road intersections of this development or at Stoddard Road that is immediately west of this project. The level of traffic turning into/out of this project and the resulting need for left turn lanes on Overland Road. Because the nature of the uses to be developed on this property are not known (nor are forecasts of future use usually accurate), staff did not require the preparation of a Traffic Impact Study at the time of this submittal. As pointed out in the staff report for the annexation/zoning application, the TIS should be required at the time that the nature of the uses is known. That will be set with some degree of accuracy at the time of the first conditional use permit, since that will set the tone of development for the balance of the project. All proposed uses in this subdivision will have to be the subject of conditional use permits, coming back before the District for review, according to the Ciry of Meridian staff. Therefore, staff recommends that the timing of the TIS be at the time of the first application of any kind for actual development of this site. F. Overland Road has a vertical curve east of the project. Sight distance is a major concern in determining driveway and intersection locations. Staff has reviewed the sight distance at the proposed easterly private road intersection with Overland Road based upon the profile plan submitted by the applicant. The planned location of the private road intersection provides sufficient sight distance. However, no other driveways east of the eastern private road intersection can be allowed due to sight restrictions. VALLEYCE.WPD Page 3 • • G. In accordance with District policy, staff recommends that the applicant be required to construct 1,700-feet of 5-foot wide concrete sidewalk on Overland Road abutting the parcel. H. This site has sufficient frontage to qualify for a maximum of 3 points of access. The applicant is proposing two private roads and two shared driveways on Overland Road. The site has been designed with 4-lots that only have frontage on Overland Road, and staff believes this is a less than optimal design since it abuts a minor arterial street. The applicant has purchased two abutting parcels and combined them for the proposed subdivision. Staff and the applicant previously discussed the access requirements to the individual lots. Staff followed this inquiry with a letter to the owner at that time dated November 1, 1993, stating that the parcel with 897-feet of frontage could have the two driveways proposed and the parcel with 800-feet of frontage could have three driveways, providing the proposed and existing driveways (on the south side of Overland Road) were separated by 125-feet. This would result in a total of five driveways, whereas the applicant is proposing four driveways. Therefore, staff recommends that access from Overland Road be restricted to two private roads and two shared driveways with a frontage road/easement to provide access to the 6-lots between the private roads. Lot access restrictions should be stated on the final plat. I. Until the actual uses and forecast traffic generation rates are known, it is not possible to ascertain what improvements (if any) are needed to assure that the transportation system will be adequate to accommodate additional traffic generated by this proposed development. These factors will be determined by the Traffic Impact Study recommended in "H". above. This application was scheduled for a public hearing by the City of Meridian Planning and Zoning Commission on September 5, 1995. The following recommendations are provided to the City of Meridian as conditions for approval: Site Specific Requirements: Prepare and submit a Traffic Impact Study to the District regarding this project prior to the submittal of any application for building construction or lot development on this project. The Traffic Impact Study shall address at least the following aspects of the development of this property: A The effects of development on the Overland Road/Meridian Road intersection. B The long term effects of development of this property and the undeveloped or redevelopable property in this vicinity. VALLEYCE.WPD Page 4 CJ • C The volume of turning movements associated with this development. Coordinate the design of the study with District staff prior to commencing the study. 2. Dedicate 45-feet of right-of--way from the centerline of Overland Road abutting parcel (20- additional feet). Total right-of--way to be dedicated may vary to take into consideration the relocation of the Kennedy Lateral. Coordinate dedication of right-of--way with ACHD. 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 an application to the impact fee administrator prior to breaking ground, in accordance, with Section 15 of ACRD Ordinance #188. 3. Construct 5-foot wide sidewalk on Overland Road abutting the parcel, after relocating the Kennedy Lateral. Locate the sidewalk 1-foot inside of the right-of--way. 4. Utility street cuts in the new pavement on Overland Road will not be allowed unless approved by the District Commission. 5. Interior streets shall be designated as private streets. ACHD does not make any assurances that these streets will be accepted as a public streets if such a request is made in the future. Substantial redesign and reconstruction costs will be necessary in order to qualify these roads for public ownership and maintenance. 6. Construct the private street entrances onto Overland Road to meet District standards for a street intersection. 7. Pave the full width of the interior streets at least 30-feet beyond the edge of pavement of Overland Road with 15-foot radii pavement tapers, and install street name and stop signs for the private streets. 8. Construct two 30-foot wide driveways with 15-foot pavement tapers on the shared lot lines of Lots 23/24 and Lots 25/26 on Overland Road. The driveways shall be paved a minimum of 30-feet beyond the edge of pavement on Overland Road. 9. Access to the subdivision is restricted to the two proposed private roads and the two proposed shared driveways on Lots 23/24 and Lots 25/26 on Overland Road. Lot access restrictions shall be stated on the final plat. 10. Provide cross access easements for Lots 15, and 22-26, Block 1, to the two private roads. VALLEYCE.WPD Page 5 • • 11. With the exception of the two shared driveways and the two private roads approved with this application, direct lot access to Overland Road is prohibited, in compliance with District policy. Lot access restrictions shall be stated on the final plat. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the Development Services Supervisor. Th_ a request shall specifi al y id n i each requirement to be reconsidered and include a written explanat~nn of why such a requirement would result in a substantial hardship or inequity. Requests received prior to the date scheduled for Commission action shall be rescheduled for discussion with the Commission on the next available meeting agenda. 2. A request for an appeal of the Commission's action shall be made in writing to the Development Services Supervisor within 15 calendar davs of the action and shall include a minimum fee of $110.00. The appeal will be scheduled to be heard by the Commission within 20 calendar days after receipt. The request for appeal shall specifical y identi each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. A right-of--way permit must be obtained from ACHD for any street or utility construction within the public right-of--way. Utility cuts should be combined where practical to limit pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details. 4. Submit site drainage plans and calculations for review and appropriate action by ACHD prior to issuance of building permit (or other required permits). The proposed drainage system shall retain all storm water on-site and shall conform to the requirements of Meridian. Public street drainage facilities shall be located in the public right-of--way or in a common lot owned by a homeowners association set aside specifically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage lots and their use restrictions shall be noted on the plat (when applicable). Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when driveways are not being shared with the adjacent property. 6. Construct pedestrian ramps on the corner of all street intersection in compliance with Idaho Code, Section 40-1335. VALLEYCE.WPD Page 6 • • 7. Dedicate a 20' x 20' right-of--way triangle (or appropriate curve to keep street improvements within the public right-of--way) at all intersections abutting and/or within the development prior to issuance of building permit (or other required permits). 8. Continue existing irrigation and drainage systems across parcel. 9. Continue borrow ditch drainage abutting parcel (culvert may be required). 10. Provide written approval from the appropriate irrigation/drainage district authorizing storm runoff into their system. 11. If street improvements are proposed, locate obstructions (utility facilities, irrigation and drainage ditches and appurtenances, etc.) outside of the public right-of--way, as may be required by the District. Authorization for relocations shall be obtained from the appropriate entity. 12. Locate proposed sign(s) out of the public right-of--way and out of the clear-vision sight- triangle of all street and driveway intersections. 13. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross-street. The stop sign shall be installed when the project street is first accessible to the motoring public. 14. The developer is required to install street name signs at the locations approved by the Ada County Highway District. Purchase street name signs, sign poles, and mounting hardware from ACHD's Traffic Operations Department or an approved outside supplier. The District will not manufacture street signs until a copy of the recorded plat showing the recording data has been provided to Development Services staff. 15. Provide a clear vision sight triangle at all street intersections. Within this triangle no obstruction higher than 36-inches above the top of pavement will be allowed, including landscaping, berms, fences, walls or shrubs. The triangle shall be defined by the long leg measured down the centerline of any collector 350-feet; and the short leg measured down the centerline from the collector street curb line 20-feet. Provide notes on the plat and street construction plans of these restrictions. 16. Submit three sets of street construction plans to the District for review and appropriate action. VALLEYCE.WPD Page 7 • • 17. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 18. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 19. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACRD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 20. 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. 21. 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. Should you have any questions or comments, please contact the Development Services Division at 345-7662. VALLEYCE.WPD Page 8 .~ ., CENTRAL C •• DISTRICT ~i1fHEALTH DEPARTMENT Rezone # C al Use # -Preliminary /Final /Short Plat ~° ° ^y` ~ j ~' ~:.'~ Return to: ~c~s. ~.~--.. ~~P fl 7 i~la~ ^ Boise ^ Eagle ,~ ~ a :.~ I °c a..... ~ r s,~1i'~ ^ Garden city Meridian ~L~~ ~<~ ^ Kuna ^ Acz ^ I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this. Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ 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 A p 15. Date: / / ~ / / /~i~lk/.~~72 ~~1/i~CrEiy~7/T- l'f~'/ i~~1~¢ Reviewed By: - /S ~_ DISTRICT HEALTH DEPA Environmental Health Division [DHD 10/91 rcb, rev. I/9S CENTRAL • •~, DISTRICT pR'HEALTH DEPARTMENT MAIN OFFICE • 701 N. ARMSTRONG PL • BCISE. ID. 83704-0825 •(208) 375.5211 • FAX: 321500 To prevent and tnai disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORMWATER 11~IANAGEMENT RECOMMENDATIONS 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) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 19892 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT 3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared by Camp Dresser and McKee, Larry Walker Assoc. , Uribe and Assx. , Resources Planning Assoc., for the Stormwater Quality Task Force 4) URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management Practices Stormwater Quality Urban Drainage and Flood Control District, Denver, Colorado Serving Valley, Elmore, Boise, and Ada Counties Ado / Bate Card Otllee 1kIC toae • Maidon 9more CaNlr OIBce Elrtior• Ca~yr Ollee Vathw CouMtr Ofee ~ K ~'~9 PL 1406 Ropert Sf. 520E 81A Sheet N. d Eiwharnadd Hea111 P.O. Boa lIM Base. ID. 83704-0825 Bose. 0. 83705 Manton Hans. 0. ISO S Opp Shea E MCCd tD. 83038 Enwo. HeollA: J27.74SS Ph. ~JA-3J55 BJ641 Ph. SBl•a401 ManhSn Home. ID. Ph 6J4.1191 ~N F1oa+a+¢ J21•Ie00 324 Mention Rd. 83447 PR 581.9?25 h++n+unaanorrr 321.7050 NuhMar. 327.1040 Mentlion. 0. 83002 PR 8884515 '+VIC:127.7088 . " WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 8 Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 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 , GRANT P. KINGSFORD 2 3 AUG 1.995 Ma COUNCIL MEMBER RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER Y~ NAMPA ~ MERIDIAN {RRIGATION 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 Clerk by: September 5, 1995 TRANSMITTAL DATE: 8/21/95 HEARING DATE: 9/12/95 REQUEST: Preliminary Plat for Valley Center Market Place BY: W.H. Moore Company LOCATION OF PROPERTY OR PROJECT: North Overland Road and West of Meridian Road ~. JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, 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 8r FINAL PLAT) U.S. WEST(PRELIM 8r FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8r FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT1 CITY FILES OTHER: YOUR CONCISE REMARKS: OJ a~w..~~a_ d- ~~~~~~{~ ~--~~ ~ ~ 1995 a HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN CITY Oi+ t~ERi,~f~:. • • 11 September 1995 Nampa & Meridian .Irrigation District's Tenmile Drain courses along the north boundary of this project.': The right-of-way of the Tenmile Drain is 100 feet: 50 feet from the center each way. ~. Nampa & Meridian; Irrigation District's Kennedy Lateral is on the northwest corner of this, pr'oj,ect. ~ The right-of-way of the Kennedy Lateral is 50 feet: 35 feet to the~righ't and 20 feet to the left of center facing downstream. See Idaho Code 42-1208. RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John Anderson or Bill Henson at Nampa & Meridian Irrigation District, 466-0663 or 345-2431, for approval before any encroachment (including any plans for a bike path) or change of right-of-way occurs. Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. All laterals and waste ways must be protected. Municipal surface drainage must be retained on site. If any surface drainage leaves the site, Nampa & Meridian Irrigation District must review drainage plans. It is recommended that irrigation water be made available to all developments within this District. ~(~~ - John P. Anderson, District Water Superintendent Nampa & Meridian Irrigation District • • Meridian Planning & Zoning Commission September 12, 1995 Page 16 ACRD to do this if it will help you. I will say that we will meet all ACRD requirements and we will leave the ball in our court to work it out so that you don't have to. Johnson: I think that is a fair proposal. I am sure Mr. Sale has some exciting options for you. In that regard then I will close the public hearing. We need a motion, which ever way you would like to go on that. Rountree: Mr. Chairman, I make a motion that we have findings of fact and conclusions prepared on this with the record being opened until we are in receipt of and can include the comments from Ada County Highway District. Alidjani: Second Johnson: We have a motion and a second, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR VALLEY CENTER MARKET PLACE BY W.H. MOORE COMPANY: Johnson: I will now open the public hearing, is Mr. Moore or the applicant's representative here? It looks like Becky Bowcutt. Becky Bowcutt, Briggs Engineering, 1111 South Orchard, Boise, was swnrn by the City Attorney. Bowcutt: Good evening, this is a preliminary plat on a property located on Overland Road adjoining I-84 to the north. It is just west of Kuna Meridian Road. The Sandman Motel, the new Texaco and the JB's Restaurant lies on our east boundary. To our west boundary is the Mountain View Equipment complex. This. came before this body not too long ago as an annexation. If you recall a portion of the property was in the city limits currently zoned C-G and a portion was outside the city limits in Ada County's jurisdiction zoned C2. We asked for annexation so that we have a consistent zone throughout the whole property. Mr. Moore intends to develop this property. He had kicked around multiple ideas, commercial center, officer center. And we basically decided to proceed with the preliminary plat, it was listed under our conditions of approval of annexation that we v~uld submit a preliminary plat and the development agreement would be tied to that. We are proposing exactly 25 buildable commercial lots on approximately 39 acres .The roadway you see there would be a private drive area. The reason that we chose a private drive, we had some pre-application meetings with the City, some meetings wath the Highway District with the Ada County Engineer and we basically wanted some flexibility. We found in these • • Meridian Planning & Zoning Commission September 12, 1995 Page 17 commercial developments that the developer end up having to go back and make modifications and that requires vacating a public rights of ways. Therefore, by going with this private access through here it would facilitate maximum flexibility upon our part as far as the development is concerned. If this were to develop as a large retail center hypothetically something like you would find over at the mall area they don't have public streets running internally through those properties there, private access ways. However they have to meet certain minimum standards and fire department requirements. We do have city water, it adjoins our east boundary, it is approximately 13 feet just west of our east boundary. That is a 10 inch main line, the City Engineer on his comment sheet has requested that we extend that with a 12 inch and it would be extended to the west boundary. City sewer is also available to the property, the Ten Mile interceptor is located right at this point and it runs along the property and then goes in an easterly fashion. We vuould obviously hook on to the system at this manhole and then bring the sewer services up through the property. In Mr. Freckleton's comments we have the sewer coming down the back basically brought it in and brought it down the back of the lots here. His comment was please submit a revised preliminary showing that you bring the sewer out to Overland Road and then service these lots here versus along the rear. There are some single family dwellings and some ag uses just south of us and that would give them the opportunity to hook up to Central Sewer. This is the Ten Mile Creek, there is a 50 foot easement that is along that, one of Shari's comments asked that obviously we protect the creek and make sure that we don't encroach on that easement and come up with some type of landscaping plan that she can take a look at to make sure that this entry way into the City has some beautification. Overland Road is also indicated I believe in your comp plan is one of the entryway into the City. I believe Shari's comments ask fora 35 foot easement for landscape and along the entryway. The developer's representative here this evening has asked that basically we have the opportunity to sit down and talk with staff about the 35 feet and get more information on that on exactly what the City would like to see and see if there vuould be any possibility of reducing that because that is quite large based on our experience with other jurisdictions. I do not show any sidewalk on this section, we did increase it to a 60 foot as requested by Shari, we would like to talk with staff on the sidewalk issue since this is a commercial type development. Typically I believe Ada County Highway District allows under certain circumstances sidewalk on one side, so we would tike to talk to the staff to see if there are any alternatives there and what their position would be. We feel that basically this will enhance the area, it is a property that sat vacant for many years and this is a prime opportunity to do something nice on this parcel. It has been a weed patch too long. It will also provide new commercial services to the Meridian area which is growing rapidly and we feel that it will be beneficial. Do you happen to have any questions that I can answer or any comments? Johnson: Any questions of Becky? • • Meridian Planning & Zoning Commission September 12, 1995 Page 18 Hepper: Yes, Becky the 6 lots there in the middle, would they all have entrances off from Overland Road? Bowcutt: No sir, this project has been reviewed by the Highway District or this property on multiple occasions I did take this down to the Highway District and spoke with them about access points. Basically due to the frontage that we had and the fact that we had two parcels Mr. Sale wrote a letter which I can get a copy to you that stated we have a maximum of 5 approaches. Then when it went through annexation the staff report from Ada County Highway District indicated that they would obviously evaluate it from development perspective on in the number of approaches. We will have four, one, two, three, four. So basically what you would find is you can't see it from the position you are in, there is a little curb cut here, a little curb cut here. So it would be a shared approach so there would be a maximum of four approaches. One of the other issues was there is a little rise in Overland Road here and the Highway District asked that we provide them with a profile to evaluate the site distance for this. Which I did take down to them the day before I submitted to the city and I haven't heard back on that. And basically if that requires that we do a little shifting under their standards for sight distance than obviously we have to comply if they have to approve and sign this plat. The other issue would be improvements on Overland Road. This particular development if you recall the Highway District asked that we trust fund for the sidewalk in this area. But the City asked that we construct it, we kind of got into a catch 22 situation where two entities wanted two different things. We found out the same thing on Kuna Meridian Road. We ended up finding a compromise there. We worked with Ada County Highway District to design this to match their future design that would come through this intersection from the east of Overland Road when they improve it. And then to basically satisfy Idaho Department of Transportation we meandered the sidewalk off of the right of way on private property because they didn't want it there due to the drainage problems it would create they have no central storm drainage system. Right now Overland Road through here is just barrow ditch. So probably worst case scenario would be pavement widening and going through and creating a tum lane and so forth. I would like to refresh your memory to the fact that this property can't be developed without a conditional use because it is in that planned development overlay zone. Shari stated that on her last comment, I talked to Dave Schplitz of Ada County Highway District and basically he agreed with me to do a traffic study at this time would be premature where we don't have a specific use. We would be just guessing what would happen here. Since we can't do anything on here without a conditional use it was agreed that a traffic study would have to be accomplished prior to any use. At that time then they would have to evaluate if signals were required and so forth and look at the loads. Hepper: So did you say they were going to put sidewalks along Overland or are you going to trust fund it? U Meridian Planning & Zoning Commission September 12, 1995 Page 19 Bowcutt: We will have to wait and see how it pans out. Hepper: You are not sure yet? Bowcutt: Exactly. U Hepper: What about a fence along the entryway there did I see a notation about a block fence or block wall or something? Bowcutt: No, that is an existing, there is a wall in there, that is for the Kennedy Lateral. Kennedy Lateral crosses the road here and then runs along this southwest portion. We will have to move that out of the public right of way and under the City's requirements it will be piped. I spoke with Nampa Meridian Irrigation District and they estimate it will take a 36 inch pipe and so we will have to submit a design to them and take it out of the right of way and then run it to this boundary. Hepper: So would there be any fencing or berming along Overland Road? Bowcutt: I think Shari's comment was we would have to submit a landscaping plan for the City's review showing the landscaping. Her requirements say there will be 35 feet worth of landscaping adjoining Overland Roads. So as it stands now yes we have to have 35 feet of landscaping. Hepper: You don't have any proposals for any type of fence then? Bowcutt: No sir not to my knowledge. Rountree: With the resolution of the landscaping issue, will that be provided by the developer or by each individual owner, lot owner? Bowcutt: Typically when you find along the entrance road that is usually the responsibility of the developer, but I wouldn't want to make a commitment on his part. When they develop individually you usually have your minimum standards based on minimum square footage on how much area of yours has to be landscaped as compared to your asphalt. So potentially it could be done in a piece meal fashion or some, or you can look at some type of an umbrella standard for the whole development. The developer could evaluate that and potentially submit something to the City to make sure that he had a consistent type of landscaping on all lots that met the city standards. Potentially Jonathan can answer that question. I think (inaudible) conditional use comes in at that time this body would have the opportunity to set standards for landscaping. • • Meridian Planning & Zoning Commission September 12, 1995 Page 20 Johnson: I am sure from the perspective of the City we would encourage a one time landscape plan there as opposed to individual tenants or owners, piece mealing the entry way to our City. Any other questions? Anyone else from the public like to address the Commission on this application? William Miha, 795 West Overland Road, was sworn by the City Attorney. Miha: Mr. Chairman, members of the Commission, being a homeowner for two years and having retired from the United States Coast Guard I live on the comer of Overland and Stoddard. That would be the last lot there. My concern is for the children that live not only in my house but up and down that road. I have seven children myself, I know of at least 25 on that block and there are probably closer to 30 on that block. The speed limit presently on that street starts at 35 miles per hour by the time it gets to my house it is 45. Since moving in there 2 years ago I have lost two dogs that my children have endeared to themselves. My concern is for the children, some of mine have already run across the street just to get a can of pop at the pop machine over at the Intermountain Equipment place. If that mall goes in my concern is there are going to be children running across that street constantly. It is a very valid concern I have, I have older children and I have younger siblings who tend to run after their older brothers and sisters. My second concern is in regards to possible assessment for myself in regards to city water, city sewer. If I was forced into a position where I had no option there and I had to take a loan out to meet those assessment needs. Presently I am going through a retraining program after 20 years in the United States Coast Guard and I am sufficiently in debt (inaudible) sell the first home I have had in a long time and relocate. But there is a lot of factors that are involved. My primary concern again is safety of the children that live in that area. All accept my place I own my place the rest of those places are all rentals. (Inaudible) that is my concern at the present time. Johnson: We appreciate your testimony, any questions? Thank you, is there anyone else that would like to address the Commission? Is there anybody from staff that has a comment? I have a question of Shari Stiles. Directly to the east what was the requirement imposed on the commercial development there with respect to the setback, was it 35 and virould we stick by our 35? Stiles: You are referring to the Sandman? Johnson: I try not to but I will since they are listed on the map. Stiles: I believe they ended with about 20 feet but that property was previously annexed to the City. The property directly kitty comer from that has a requirement for 35 foot landscape setback on Meridian Road and Overland Road. Meridian Planning & Zoning Commission September 12, 1995 Page 21 Johnson: And around the comer and going north did they stick to the 35 there or was that also part of the previously annexed and we didn't impose the 35 stringently. Stiles: That was also previously annexed and developed prior to the 35 foot landscape setback requirement. Johnson: I don't know what they did for a setback there which eventually wound up with I don't recall, 20, 35? Stiles: I believe it was about 20, a lot of that was already a sanitary sewer easement which they weren't allow to plant anything in. But we ended up, 1 wouldn't be particularly excited about what was done there but that is what happened. Johnson: What lies direct to the south of this project? Stiles: Residential subdivision, it is pretty much agricultural. Johnson: I am trying to picture it, I know where it is of course. By the way you need to leave that presentation you gave us. Where is Stoddard, 1 guess that is what I am looking for? Stiles: would you like me to point it out on the zoning map? Johnson: It is not on this map I don't think, sure I would like you to point it out to me. So it is just slightly to west of the project right? (Inaudible) Johnson: And the property is contiguous to Mountain View's property, that is a question to Becky, it is. Thank you, any other questions or comments? Anyone else have a closing comment? Does ACRD have anything they want to offer? Sale: Mr. Chairman, members of the Commission, I wasn't because Ms. Bowcutt so eloquently spoke of all the tittle problems that existed and could be resolved with little adjustments of this map. There may in fact be a significant problem with sight distance and that with regard to the location of the two street intersections and the driveways and they may have to change the grade of Overland Road somewhat which may or may not be a little solution. Beyond that we don't have any serious objections at this time. Johnson: As I understand it do you haven't actually put this through the Commission yet is that true? • Meridian Planning & Zoning Commission September 12, 1995 Page 22 Sale: Mr. Chairman that is correct this is on the same schedule it will be before or tech review meeting this Friday morning and go to the Commission next Wednesday. Johnson: Thank you. Does anyone else have anything? I will close the public hearing at this time. Any discussion, what would you like to do? Rountree: I would like to see the plat modified to show your common lot for landscaping or have notes on the plat that would indicate how landscaping is going to accomplished and where. And I would like to see it reflect a final approved access points on Overland before I would make a recommendation to the City. Johnson: Does anyone else have any comments? Would anyone like to make a motion? Rountree: I guess in that situation we table it until it is done. Mr. Chairman, I make a motion that we table action on the preliminary plat for this item until we get resolve of the issues pointed out this evening here. Crookston: Do you want to leave the public hearing open or closed or an opportunity to re-open without further notice. Rountree: I will further expand that to leave the opportunity to re-open the public hearing without further notice if deemed necessary by the Commission to the next regularly scheduled meeting. Hepper: Second Johnson: We have a motion and a second to table this item and with the condition that the public hearing can be reopened if we deem it necessary, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST TO REDUCE THE MINIMUM SQUARE FOOTAGE FROM 1800 TO 1500 SQUARE FEET FOR ENGLEWOOD SUBDIVISION BY ENGLEWOOD CREEK DEVELOPMENT: Johnson: I will now open the public hearing is the applicant or representative here that would like to address the Commission at this time? Richard Jewell, 1082 Arlington, Eagle, was sworn by the City Attorney. Jewell: Mr. Chairman and Commissioners, first of all I would like to apologize for getting • • Meridian Planning & Zoning Commission November 14, 1995 Page 18 Shearer: I move we defer this until later in the meeting. Hepper: Second Rountree: Moved and seconded, all those in favor? Opposed? MOTION CARRIED: All Yea Rountree: Let's go back to item 2 on the agenda, which is the preliminary plat for Packard Subdivision, we need a motion on that. I don't believe you can take any action until the annexation and zoning has been completed. Shearer: We have already deferred that so let's go on to 3. Rountree: Okay, it is considered deferred until later on this evening as well. ITEM #3: TABLED OCTOBER 10, 1995: PRELIMINARY PLAT FOR VALLEY CENTER MARKET PLACE BY W. H. MOORE COMPANY: Bowcutt: If you recall this item was heard I believe in September. tt was a public hearing for preliminary plat approval. The Commission asked for 3 different items, one they wanted us to submit a landscaping plan along Overland Road for this commercial subdivision which we have submitted landscape plans. Shari and I brought copies for you to look at this evening. Two, at that particular time Ada County Highway District staff had not reviewed this project formally reviewed nor had they written a staff report. We have since received a staff report and then there was one item where we had a difference of opinion and then we received a letter this week from Mr. Sale addressing the item. One of you recall one of the issues that Mr. Sale brought up when we had our public hearing was the issue of the site visibility for this approach right here. After review by the ACRD traffic engineer it has been determined that approach is acceptable, we don't have any hazard with visibility. I brought copies of that for you this evening. The letter on top is the letter from Mr. Sale (inaudible). The one issue that we could not agree on was the number of approaches, we had a previous commitment from ACRD in writing that we were allowed up to 5 access points for these parcels on Overland Road. We had submitted a preliminary plat showing four approaches, two were the private road accesses and two were drive ways shared by two lots. ACRD came back and said we would only allow two approaches then they revised their staff report and indicated they would allow only three and then finally they agreed that they had made previous written commitments to my client and accepted the four approaches. So I believe, Rountree: Would you point those out? • • Meridian Planning & Zoning Commission November 14, 1995 Page 19 Bowcutt: One right here, one here and then these two little gray areas are the approaches which is a shared approach for these two lots right here. This is basically, this was done by Hillside Nursery, this is the company that my client utilizes for his landscaping. They show maples and some various burning bushes and junipers, old gold junipers, Autumn Ashes, kind of scattered throughout there. This is just one half of that area. They wanted to do it at 20 scales so it takes up a pretty big drawing. l just kind of colored that up to kid of give you an idea of what that would look like. That second part of that design is this right here. It is basically the same consistent, the same type of junipers, red twig dogwoods, burning bushes, Autumn Ashes, etc. Hepper: Would that be a berm? Bowcut: Yes, that would be a berm and sodded. Hepper: What would be the height of the berm? Bowcut: They didn't indicate on this particular drawing, usually they range from anywhere from 3 to 5 feet. Typically four commercial type developments you don't want them too high it is not like residential where you are trying to buffer them from road noise. You want your visibility for commercial type developments. I kind of colored this one up a little bit to kind of give you an idea of what this particular site looks like. If you recall this Ten Mile Creek running parallel here and then it goes across Interstate 84. This is a natural waterway, it is listed by Water Resources a protected waterway so we can't go in there and make any modifications to it or disrupt that in way shape or form. The City of Meridian also has a sewer easement that runs parallel through right through here and then runs across the interstate. There are existing I believe four existing manholes so we could, I think Shari in her comments asked that we basically try to improve the looks of the bank on our side but we would have to be very careful. Here I show just basically a little bit of green showing a little contouring, maybe a little sod or something more natural like a red (inaudible) or something like that because we can't put any trees over that sewer line, that is basically the City's policy. Right through this area here you could put turf and trees and shrubbery along that section of the Interstate because we don't have any interference with the sewer line. We also kind of showed some trees and shrubbery along here so you kind of get a visual view if you were looking from above. One of other issues that was brought up that you wanted us to consider and come back with some answers is the maintenance and the question of who would take responsbility of putting in these landscaping facilities along Overland Road. After meetings with the developers they indicated that they would be willing to stick in their protective covenants which will govern all of these commercial lots, maintain the integrity of building styles, materials and landscaping. This particular landscaping plan would be tied in with those covenants and therefore (inaudible) they would have to landscape according to the plan and basically but in a timetable that this will • Meridian Planning & Zoning Commission November 14, 1995 Page 20 have to be done within a certain time frame like prior to occupancy and so forth. One of the problems that we find with commercial lots unlike, just like residential lots you don't go in and landscape a residen~al lot and then tum around and build the home on the lot. The fear is if we go in and build this when this is constructed the (inaudible) and so forth so our preference would be obviously maintain the same type of landscaping throughout the whole Overland frontage and this could be done by binding the plan through the covenants. We don't want a hodge podge and. nothing matches and we appreciate you guys taking the initiative and ask that there be consistency in landscaping along there. As far as maintenance, maintenance would be basically (inaudible)whoever owns that particular lot just like mairrtenance of their trees within their parking areas, along the perimeters of their building. The City has in their ordinance requirements that they have so many trees and so forth and a combination of open space or grass as compared to their asphalt. Do you have any questions? Johnson: Does anyone have any questions? Are you finished? Bowcutt: Yes, I think Jonathan had a couple of comments that he wanted to address. Seel: Just one other quick comment if we can. Another requirement that was asked by the City of Meridian was a 35 foot landscape setback along here. Of course this is I-84. What we would like to ask is the set back also goes along here and it doesn't really affect us because you have a sewer easement here. But we would like to ask that the City reconsider the 35 foot setback along this area. We feel that is a fairly sizable setback and I think the intent of that is to make that visually pleasing. I think if you can kind of visualize going down the freeway when this park is fully developed however it might be developed, you are going to see the buildings, you are going to see a lot of landscaping, you are going to see a lot of different things within in that, this is not going to be a real visual point. Up here you have an entrance and you certainly want a visual point there but back here to give up 35 feet of the land really cuts into those lots. There will be landscaping here but keep in mind there will be landscaping in these lots along the roads and trees and stuff so it all will blend in. So what we would like to ask is that in this particular area right here which would be lot 5, 6 and 8 that we reduce the setback down to say something more in the neighborhood of 15 or 20 feet which we would landscape. Keeping in mind that the rest of the park and the rest of the development will also be landscaped and it will be a blend and you are not going to have quite the focal point here that your intention of 35 feet setback up here in the entrance way you would have. So we would just ask that you consider (inaudible). Johnson: Shari, the setback 35 foot is part of our ordinance? Stiles: Chairman Johnson and Commissioners, this is not in the ordinance it is expressed • • Meridian Planning & Zoning Commission November 14, 1995 Page 21 in the Comprehensive Plan as an ideal for entrance corridor roads. Johnson: So it is not necessary for them require a variance then? Stiles: No Johnson: Thank you, Charlie you had a question of Shari. Rountree: Shari or Gary either one, the indication by the applicant was to have the landscape taken care of by covenants. The City has no control over covenants, what are your thoughts on that? Stiles: Commissioner Rountree and Commissioners, that is what is typically done in any subdivision, residential or commercial that is what is being done at Fred Meyer, it is, I guess I don't really know what you are getting at. Rountree: Are the landscape requirements in those developments part of the covenants for the subdivision or are they part of the development agreement? And the actual approval of the subdivision plat. Stiles: They are typically both they are included in the development agreement and have been on some projects made conditions of the preliminary plat. Usually it is spelled out as a common lot that is to be owned and maintained by the owners association In this case I guess it would be just the developer. Rountree: My understanding of the presentation is that it would be the responsibility of each lot owner not a common lot to the subdivision. Stiles: So then it wouldn't necessarily be consistent. Rountree: The suggestion is that it be consistent by covenants by the subdivision but not be specified in the development agreement for the subdivision or a condition of issuance of a building permit say. Stiles: I believe it should be in place prior to building occupancy if anything. The entire landscaping should be in place prior to any either the building permits being issued or the occupancies being issued. And then thereafter could be maintained but I think to be consistent it should all be done at the same time. I think that is, is that not what. Rountree: That is not what I heard. Becky might want to clarify that. • Meridian Planning & Zoning Commission November 14, 1995 Page 22 Bowcutt: If I could clarify that, basically what, we want this to be bound by a particular plan that is on file at the City. So it wouldn't just be some comment in the covenants refereeing consistency in the landscaping. We are talking about binding the project to a specific plan that is on file. All the uses within this project fall under the conditional use category because of the planned development. So at that time you will have those landscaping requirements imposed. We have landscaping requirements imposed with our development agreement when we did our annexation of the- western 20 acres. Then we could have another condition so I think we have covered ourself multiple times. As far as construction of the landscaping facilities the developers preference would be that it be constructed in conformance with the plan on file at the City and referenced in the covenants as each lot develops. And then that area will be maintained by that commercial retail or office or whatever that particular use would be. They would maintain that just as they do the rest of their landscaping facilities. It would be an easement on the plat stating that this is the 35 foot landscaped area long Overland Road and state responsibility and so forth. So we are trying to protect that it won't go to' weeds that we won't have a problem. With commercial facilities typically your maintenance is a lot better than with residential. Residential things fall through the cracks. Typically commercial you find that the curb appeal is important to those people. Hepper: I have got a question, Becky, if any of parcels along Overland Road wouldn't sell or be built on for a couple of years, for example out along E. 1st Street and Meridian out here by McDonalds and stuff there are some vacant parcels there that are just now getting built in after a couple of years. If those weren't built on for a couple of years then that particular strip of landscaping would not be finished. Bowcutt: That would be correct and that would be an issue that you obviously would have to look at. Hepper: I think that is what we are trying to look at is some way of getting it all done and then when it is built they can maybe be responsible for their own maintenance. That would be my own suggestion. Bowcutt: That is fair, if the Commission deems that more acceptable then obviously. Hepper: Do you know if you have gat occupants for those pieces of property, let them do it if not the developer is the owner of that property I think that whole thing should be developed at one time otherwise you are going to have gaps in the development. One lot will be done, one lot won't and one lot will. Bowcutt: I can't deny that, chances are that most likely will happen. • Meridian Planning & Zoning Commission November 14, 1995 Page 23 Hepper: It could take a year or two before all the lots are sold out. Is that-more or less your question too? Rountree: That is my concern. Johnson: This document, this paper that Becky submitted for the record this is a draft copy, I wouldn't expect you to digest all seven pages of this at a sitting. But this won't actually go before ACRD until November 29th. I need to point that out for the record that this is a draft report of what is proposed. Does anyone else have any questions or comments? What would you like to do? Rountree: Mr. Chairman I make a motion that we pass this application onto City Council with a favorable recommendation provided there aren't any major changes in the recommendations from ACHD and that the landscaping be included as part of the development of the subdivision. Shearer: Second Johnson: We have a motion and a second to pass this on to City Council with the conditions stated by Commissioner Rountree, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: TABLED OCTOBER 10, 1995: PRELIMINARY PLAT FOR CENTRAL VALLEY CORPORATE PARK N0.6 BY BOB NAHAS: Johnson: We have received a submittal from the applicant asking us to table this item again. We should table it to a date certain they have not requested a specific date. The next meeting would be the twelfth of December. Shearer: I move we table this until December 12 meeting. Hepper: Second Johnson: It is moved and seconded we table item #4 at the applicant's request until our next scheduled meeting December 12, 1995, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST WITH A CONDITIONAL USE PERMIT FOR BILL HOWELL: ~ ~ MERIDIAN PLANNING & ZONING COMMISSION MEETING: NOVEMBER 14.1995 APPLICANT: W.H. MOORE COMPANY AGENDA I TEM NUMBER: 3 REQUEST: PRELIMINARY PLAT FOR VALLEY CENTER MARKET PLACE• TABLED OCTOBER 10 1995 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: '_~~ ~ _ ~ aYP`~~GI v OTHER: ~ Materials presented at public meetings shall become property of the City of Meridian.