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Wild Shamrock Partnership VACWILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. OENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATNA. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VAILEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phoa (208) 888-4433 • FAX (208) 8ET-481.3 Public Works/Building Department (2118') 887-2211 Motor Vehicle/Drivers License (208) S$8-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS GN 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: April 2, 1996 TRANSMITTAL DATE: 3/18/96 HEARING DATE: 4/ ?J96 REQUEST: Vacation of a portion of Gem Street right-of-way 9 BY: Wild Shamrock Partnership LOCATION OF PROPERTY OR PROJECT: Gem Street between Meridian Road and E. 1st Street JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8r FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING /4~SSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PREL8IA ~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ~ 1 ~~ ~~ ^ { ~" fi t. Wild Shamrock Parternship APPLICANT: C/O Rick Thomas Phone: ~n4_~~~--L529 ADDRESS: 1771 Wildwood, Boise, ID 83704 O~/j~R: Wild Shamrock Partnership phone; 208-322-7529 ApDgF,SS; 12301 W. Explorer Drive #240, Boise, ID 83704 _ GENERAL LOCATION: The South 36 feet of Gem Street Between Meridian Rd , Attached LEGAI, L7ESCRI]?TION Op FROP~R~'Y: 1 s t s t r e e t LEGAL DESCRIPTION OF EASEMENT/ARE.A. TO BE VACATED AND THE PERSON OR ENTITY WHO IS TO RECFbTVE A DEED FOR THE LAID: The south 36 feet of Gem Street Righ-of-Way etween Meridian Roa an st Street. Right-of-Ways. (See Attached Description) to be deeded to Wild Shamrock Partnership. PROOF OF OWNE SHIP OR VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIF[CATION: cG VICINI~'Y SKETCH: A vicinity map andlor site plan at a scale approved by the City showing property lines, existing streets, easements, and such other items as the City may require (35 copies). SURROUNDING Pi20PERTY QWNERS: A list of all property owners and addresses (fxom authentic tax records of Ada County) within, contiguous to, directly across the street from, and within a 300' radius of the proposed vacation must be attacbed. Fee: $225.00 + $1.4ZJnoticelproperty owner to receive notice + publication costs DESCRIPTION OF PRQPOSED VACATION: Vacation of the south 36 feet of the existing 92-feet of Gem Street Right-of-way between Meridian Road and East 1st Street to permit piping the eightmile lateral Cana an a ow access y proper y on e s u o em ree . i hereby certify that the information coined herein is~tcue and correct. I also certify that I wilt post the property 1 week before each public hearing stating that the Applicant has applied for Vacation. SIGNATITRE:~ f ' " """ "- VACATION APPC,iCATION DD DD • • DD ~J~ BHl•VIL4I.KB~ ENGINEERS Inc. 827 LaCassia Drive Boise, ID 83705-2254 February 28, 1996 Ms. Shari Stiles City of Meridian 33 East Idaho Street Meridian, Idaho 83642 Re: Application for Vacation of a Portion of Gem Avenue by First Meridian Plaza Development Ms. Stiles: Please find attached the following: (208) 343-3809 FAX (208) 343-3572 1. VACATION APPLICATION for a portion of Gem Avenue. 2. Legal description of the applicants property. 3. Legal description of the area to be vacated. 4. Warranty deed as proof of applicant's ownership. 5. 35 copies of a Vicinity Sketch. 6. List of property owners and addresses w/I 300' . 7. A check for $239.20 for 'the $225.00 application fee plus $14.20 to cover the $1.42 each for the 10 property owner notices. Our client, Mr. Rick Thomas of Wild Shamrock Partnership, is developing the First Meridian Plaza located just south of Gem Avenue between E. 1st Street and Meridian Road. The first phase of the development was completed this winter and an additional phase is planned for this spring. Under the conditions of the development, the Ada County Highway District is requiring the developer to provide improvements to Gem Avenue even though the Eightmile lateral presently precludes access to the site from Gem Avenue. To comply with this condition, improve the site, improve vehicular and pedestrian access along Gem Avenue and improve safety to motorists and pedestrians; the Developer is proposing to pipe the Eightmile Lateral between E. 1st Street and Meridian Road. To accomplish this he is requesting the vacation of the south 36 feet of the existing 92 feet of right-of--way of Gem Avenue. If you require additional information or have any questions or comments, please call me at 343-3609. Sincerely; BE~ALKER ENGINEERS, Inc. .p-yv Brian Iverson, P.E./L.S. Enclosure Bellevue, Washington Boise, Idaho • VACATION DESCRIPTION • A PORTION OF GEM AVENUE CITY OF MERIDIAN, IDAHO February 22,1995 A tract of land situated in Government Lot No. 1 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being the south 36 feet of that right-of--way described in RIGHT OF WAY DEED recorded as Instrument Number 286764 at Book 334 records of Ada County, Idaho; and more particularly described as follows: Commencing at the southwest corner of said Government Lot 1, Section 18, T. 3 N., R. 1 E.; thence N 89 ° 19' S0" E along the south line of said Government Lot 1 a distance of 25.01 feet to a point on the east right-of--way of Meridian Road and the south right-of--way of Gem Avenue; thence continuing N 89° 19' S0" E along said south line of Government Lot 1 and the south right- of-way of Gem Avenue a distance of 5.00 feet to a point, the REAL POINT OF BEGINNING: Thence continuing N 89 ° 19' S0" E along said south line of Government Lot 1 and the south right-of--way of Gem Avenue a distance of 419.50 feet to the west right-of--way of East 1st Street; Thence N O1 ° 16' OS" E along the west right-of--way of East 1st Street a distance of 15.33 feet to a point of curve; Thence along the arc of a curve to the left having a radius of 20.00 feet, a central angle of 91 ° 56' 15" and a long chord that bears N 44° 42' 03" W a distance of 28.76 feet to a point; Thence S 89° 19' S0" W along a line parallel with and 36.00 feet northerly of the south right-of--way line of Gem Avenue a distance of 379.60 feet to a point of curve; Thence along the arc of a curve to the left having a radius of 20.00 feet, a central angle of 88 ° 30' 45" and a long chord that bears S 46 ° 57' 20" W a distance of 29.47 feet to a point; Thence S 00° 49' S0" W a distance of 16.52 feet the POINT OF BEGINNING. Parcel contains 0.3427 acres, more or less. Basis of bearing for this description is the section line common to said Sections 13 and 18 bearing N 00 ° 49' OS " E from the N 1 / 16 corner to the N section corner. The herein have read and aparoved the tollowing: ,~~ ~1 Title File No.: B94-29419 WARRANTY DEE FOR VALUE RECEIVED MERIDIAN-IDAHO PROPERTIES, a General partnership GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto WILD SHAMROCK PARTNERSHIP, an Idaho Partnership GRANTEES(s), whose current address is: 12301 W. Explorer Dr. , 4240, Boise, ID 83704 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: SEE ATTACHED EXHIBIT "A" WHICH BY THIS REFERENCE BECOMES A PART HEREOF AND IS COMPRISED OF ONE (1) PAGE ~~}089307 kD-. ~~. ;c~~,RGER ,t.. .,, .'''f:0 .. i1~. ~ :~.:';;-; r, _„ $41SE !D ~-~ B0~ TAt.L~ ~ ' ' 9`t QCT 'i Pi`i `~ 11 FEE ~ .r:- RECpROEI} A ~ ~I:~' 4uEST OF TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements,(if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Dated: October 3, 1994 Mer dia - aho Properties ACKNOWLEDGEME/NT -Partnership STATE OF ...... C'Sx~ . , County of ...... ~~. ........ ...... ..,ss. On this .... ~~ , day of .... in the ycarof ........ ~~9 ................ .................... . ... ,before me the undersigned, a Notary Public in and fnr a~r7 c ...... ... .. ... .~~. -.-=r~~u..- • • Commonwe~h® Land Title Insurance Company File No.: B94-29419 Policy No.: 207-116925 SCHEDIILE A (continued) LEGAL DESCRIPTION (continued) EXHIBIT "A" A tract of land in the Southwest quarter of the Northwest quarter of Section 18, Range 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of Section 18; thence South 00°49'05" West along the West boundary of Section 18, a distance of 1,330.58 feet to a point; thence South 89°19'50" East, 25.01 feet to the INITIAL POINT of this description; thence South 89°19'50" East, 424.52 feet to a point on the Westerly right of way of State Highway No. 69; thence South 01°16'05" West, 193.60 feet along said right of way; thence along the arc of a spiral curve to the right having a central angle of 6°03', a distance of 213.66 feet, said arc being subtended by a chord bearing South 3°15'18" West, 213.56 feet; thence along the arc of a circular curve to the right having a central angle of 1°27'26" and a radius of 981.74 feet, a distance of 24.97 feet, said arc being subtended by a chord bearing South 08°02'49" West, a distance of 24.97 feet; thence North 89°05'55" West, 410.56 feet; thence North 00°49'05" East, 420.12 feet to the INITIAL POINT of this description. EXCEPT Ditch and Road Right-of-Ways. Form 4100 wtd~ 51213110285 I PE~A~R~MS LL I S1213110140 51213110080 LATERAL I S1213142300 51213142200 A Q O ~~V O„b~ Q191~,P ~S ~' ~_ ~,P~ 5~~~~~- I G~~ 51118223560 GEM AVENUE SEE DETAIL S1118233666 ~ ~ . Q~Pti. ~S~ F1 GRAPHIC SCALE loo o so loo zoo goo ( nit tag~r > Z 1 inoL ~ 200 !1. Q 1-1 Appication for Vacation A for the w South 36-feet of Gerl Avenue ~ Meridian Road to E. 1st Street VICINITY MAP o~~i~ B ,~ _ . ___.__ -- .C,, NOTES RETAIN 5 t'~" `"~ IV~DENIN~G ~ ~': ~~ I"I I`'1 .~/ ~ ~ ._..~... MERIDIAN ROA --~"~~- H H H .~ H rn Q W ~,P SG~'S~ 51118223120 SQL LATERAL tiP~~OR3726070300 WATERTOWER W a~~aaa+ ~ a.~~ arw ~ N ~APPL_ ICANT~ *• ++ c~~-!°pGK PARTNERSHIP) FIRST MERIDIAN PLAZA W ica~ 51213110265 I ,E q° ~~1~V p~P~ o I ~Q SG a,~tv<i1- I ~~~~~1~~~,s ~ti~p Gp S1213110140 5111 S1118223560 s1213uooea GEM AVENUE :IGHTMILE - LATERAL SEE DETAIL S1213142300 ~ 12 3142240 51118233666 a'~• ,~e9% 5121314223 51213142200 Q ~ ~~~' O GRAPHIC SCALE loo o so loo zoo 400 n~ ragr i i>~ - goo n Z Appicat(on for Vacation A for the w South 36-feet of Gerl Avenue ~ Meridian Road to E. 1st Street VICINITY MAP 90W~1NG ~~RSV ~~S a ... --~--- NOTE~ RETAIN 5 '` ~" MERIDIAN ROA W .......,..,...... Y.V ~ N <APPLIGANT) f A I L ~ ;~ ~;~ " eHAMROGK PARTNERSHIP) 100 ft FIRST MERIDIAN PLAZA H H H H H Q W ,,,P~ SGa ~~ SI118223120 SQp 1.P~~pR3726070300 Q W S1 1 110285 S1213110285 HOPE Ao I p`~~~~p G`j~P~ S 'C ~~ ~S 1~~~5 ~ 9 51213110140 S11182 52 51118223120 S1118223560 ~~~~~ y ~~ L SQ s121311ooeo GEM AVENUE <<EIGHT..M,ILE`.:<<_.:~>:,::,.::.>::;,::~.-;:--::.;.:._.::. ,.,......._...._....._..... . . ... .. _ EIGHTMIL LATERAL SEE DETAIL LATERAL S1 213142300 ~~p 12 31+2240 S111B233666 tiP R3726070300 5121314223 Q' P~ s121314220o Q~' ~ _ 1P~ N ti ATERTOWER LANE ~ N ~S~ a ~ F~ N 83726070100 GRAPHIC SCALE Q w goo o so goo soo 400 ( Dt irE61' ) 1 iaoh -200 !!. Z Q Appication for Vaca tion A for the w South 36-feet of Gerl Avenue ~ Meridian Road to E. 1st Street VICINITY MAP ~ 1NG `I'PA rl - N $p SLR ~5~~ ~ J ~ 1p ~S ZV J ~ t PN ~R a ,~ ( 1 ~ ~ ', ~ --._ ....__..__..~-__. ~~ ~ 1 \ ~ NOTEI RETAI ~ ~ OFT 5 ~'~`" .' ' ~'` ~~ I " I [- L ~ ? .1 ` AC~1TI©N ~ IV DENI NG i ~ MERIDIAN ". ~ ; ~ . :k`., .. ` }~ ~~ n' ' - - . r. ... h r .._._ _... itV r A I L , ~ ~~ ~~ ~ri„mROGK PARTNERSHIP) 100 it FIRST MERIDIAN PLAZA iaetl~ S1213110285 1 P E A R~ ~~1~~ ~•?p$ o I 91Pa~s ~~S SG~~~~~ S1213110140 5111 51118223560 s121311ooao GEM AVENUE :IGHTMILE LATERAL SEE DETAIL S1213142300 12 3142240 S111823366b_a'~ ,~~~%~ S121314223 51213142200 Q ~ E1~~ O GRAPHIC SCALE 100 o so 10o zoo 400 n~t raer) Z >. ~, - goo tt. Appication for Vacation A for the w South 36-feet of Ger1 Avenue ~ Meridian Road to E. 1st Street VICINITY MAP $O~~1N6 ~~ NOTES RETA 5 ~~ "`~ -'. ~IDENI~NG ~ ' ~~ E ~ .. MERIDIAN ROA .- - W ...... •....... tePP1iICANT) A I L ~ ~• ,•~ r cuet~AQpGK PARTNERSHIP) 100 n, FIRST MERIDIAN PLAZA I F-- H H .-r y Q W ~,P SGa.~i.~ 51118223120 ~~l~~'P~ ~9 SQ p~~o~,s 1.` 83726070300 WATERT~WER Y Q ~..1...~ • • 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 April 9, 1996, for the purpose of reviewing and considering the Application of Wild Shamrock Partnership, for a Vacation application for land located in the SW 1 /4 of the NW 1 /4 of Section 18, R.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located in the south 36 feet of Gem Street Right of Way between Meridian Road and E. 1st Street right-of-ways.. The Application requests Vacation of the south 36 feet of the existing 92 feet of Gem Street right-of-way between Meridian Road and E. 1st Street to permit piping the Eightmile Lateral canal and allow access by property on the south to Gem Street. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hatl, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 21st day of March, 1996. WILLIAM G. BERG, JR., I CLERK Commonw~th® ~~ Land Title Insurance Company POLICY OF TITLE INSIIRANCE SCHSDIILS A Amount of Insurance: Premium: $2,595.00 Date of Policy: October 4, 1994 at 4:11 p.m. 1. Name of Insured: WILD SHAMROCK PARTNERSHIP, an Idaho Partnership • Issued with Policy, No.: Policy No.: 207-116925 File No.: B94-29419 2. The estate or interest in the land described herein and which is covered by this policy is fee simple and is at date of policy vested in: WILD SHAMROCK PARTNERSHIP, an Idaho Partnership 3. The land referred to in this policy is described in the said instrument, is situated in the County of Ada, State of Idaho, and is identified as follows: SEE EXHIBIT "A" (Continued) Countersigned: A th i d fficer r gent Kathy Sturm This Policy Is Valid Only If Schedule B is Attached American Land Title Association Owner's Policy - 1970 - Form B (Rev. 10-17-70 and 10-17-84) Form 1005-6 Schedule A ew Form 4100 ` ,` • Commonw~th® ~ Land Title Insurance Company File No.: B94-29419 Policy No.: 207-116925 SCHEDIILE A (continued) LEGAL DESCRIPTION (continued) EXHIBIT "A" A tract of land in the Southwest quarter of the Northwest quarter of Section 18, Range 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of Section 18; thence South 00°49'05" West along the West boundary of Section 18, a distance of 1,330.58 feet to a point; thence South 89°19'50" East, 25.01 feet to the INITIAL POINT of this description; thence South 89°19'50" East, 424.52 feet to a point on the Westerly right of way of State Highway No. 69; thence South O1°16'05" West, 193.60 feet along said right of way; thence along the arc of a spiral curve to the right having a central angle of 6°03', a distance of 213.66 feet, said arc being subtended by a chord bearing South 3°15'18" West, 213.56 feet; thence along the arc of a circular curve to the right having a central angle of 1°27'26" and a radius of 981.74 feet, a distance of 24.97 feet, said arc being subtended by a chord bearing South 08°02'49" West, a distance of 24.97 feet; thence North 89°05'55" West, 410.56 feet; thence North 00°49'05" East, 420.12 feet to the INITIAL POINT of this description. EXCEPT Ditch and Road Right-of-Ways. Form 4100 • Application For • VACATION OF A PORTION OF GEM STREET MERIDIAN, IDAHO By Wild Shamrock Partnership ADJACENT LAND OWNERS (w/i 300') TAX PARCEL No. PROPERTY ADDRESS LAND OWNER /MAILING ADDRESS S1213110285 231 S. Meridian Road Hope-Ponderosa Oregon LTD. c/o Guardian Mangement P.O. Box 5668 Portland, OR 97228-5668 S1213110140 305 S. Meridian Road Robert E. & Evangelina Mayfield Box 2050 Chalis, ID 83226 S1213110080 325 S. Meridian Road Allen Lee & Diane Centers 325 S. Meridian Road Meridian, ID 83642 S1213142300 417 S. Meridian Road N & D Inc. S1213142240 P.O.Box 851 S1213142230 Meridian, ID 83642 S1213142200 S1118223560 324 S. Meridian Road Meridian Bowling Lanes Inc. 2710 Laurelhurst Boise, ID 83705 51118223582 303 E. 1st Street Les Schwab Tire Centers of Boise Inc. P.O. Box 667 ~ Prineville, OR 97754 S1118233666 521 E. 1st Street (PETITIONER) Wild Shamrock Partnership 12301 W. Explorer Drive #240 Boise, ID 83704 S 1118223120 322 E. 1st Street Meridian Dairy Shows Inc. c/o Gerry Watson 1892 W. Hendricks Meridian, ID 83642 83720670300 136 E. Watertower Lane Zamzows Inc. 4741 Glenwood Boise, ID 83741 83720670100 107 E. Watertower Lane William A. & Roland L. Hon William E. Norris P.O. Box 28 Boise, ID 83701 W 3 0 '1S 1ST 1Stl3 bc~ ~ b~~ cU °o ~ N ~ ~ N ~ N N ~.. ~... ~'b ~~e ~~ ~ `~~'~~rr LL }'i ' { `~+ ~ 3 t Q .~~ S ~ ~ 1/d `1 . r ~~NI~ ~ d% ~ :. ~ U '-' ` t ~ ~-9i- I ~ ~ y r~ , 30 ~ QdO~I NdIQI~13W ~ ~Z y 6 N ~ 6 , rP W # ~ N A. ~ Y/ ~ ` 7~ , ~: L { O d Q ~ i t { d 0 ~ +*~•~~ ~ !L ^ , ^ .~ V r~ ~ ~ Q i ?Ce O ,~~W +' O ~~.._.. .. rV-i N ~ -N -F~ L ~ ...~•-•......,. ~ g v o ~~o C7 ~ ~ d ~ ~ a~~ o u a M ~ s ~~ ~~ ~ :a 3 L Q ~ ~ zA ~ ~oc ~ 8 ~ ~ ~~ ~ ,., . .... ,•` d3 Q N a J a a a 3W ~8 Q" ~ M J7 A ~~ RECEIVED AUG 1 6 ~4s6 ~cano SHERRY R. HUBER, President SUSAN S. EASTLAKE, Vice President JAMES E. BRUCE, Secretary aTY OF MERIDIAN August 13, 1996 Re: Vacation - A portion of Gem Avenue, situated in givernment Lot No. 1 of Section 18, T.3N., R.1 E., Boise Meridian, Ada County, Idaho. Gentlemen: The Ada County Highway District has received petitions from the adjacent property owners to consider the vacation and abandonment of public right-of--way more commonly known as a portion of Gem Ave as shown in the attached legal description. Enclosed is a legal description, and a drawing of the area of above requested right-of--way vacation which the Ada County Highway District has been petitioned to consider. It is requested that you review and advise this office not later than 08/29/96 of your present use and future plans for this area, including, but not limited to present/future bike/pedestrian pathways, city parks, future access to and from properties and public right-of--way, etc.. Comments will be used to assist the Board of Commissioners of the Ada County Highway District in the disposition of this request for right-of--way vacation and abandonment. After review and consideration, should the Board of Commissioners of the Ada County Highway District elect to accept the petition and application for vacation of a portion of Gem Avenue, a public hearing will be tentatively scheduled for Wednesday, 10/09/96 at 7:00 p.m., in the office of the Ada County Highway District, Boise, Idaho. Addressees having a interest in this right-of--way vacation will be advised of disposition of proceedings upon receipt of written request. Sincerely, ~~ ~~ Richar C. Brown Chief of Right-of--Way Enc: 2 RB/cg C:\OFFICE\WP W IN\CATHE\VACATION\ACTIVE\GEMA VE.UTL ada county highway district 318 East 37th • Boise, fdaho 83714-6499 • Phone (208) 345-7680 DISTRIBUTION LIST: • R/W Division Files, ACRD Engineering Services Manager, ACHD Joe Rosenlund, Traffic Engineering Supervisor, ACHD Errol Morgan, Maintenance/Operations Manager, ACHD Larry Sale, Development Services Supervisor, ACHD Steve Spickelmier, Plans & Survey Supervisor, ACHD Dorrell Hansen, Civil Engineer, ACHD David E. Wynkoop, Attorney, ACHD Meridian City Clerk Attn:William G. Berg, Jr. 33 East Idaho Street, Meridian, Idaho 83642 Meridian City Trash Department 33 East Idaho Street, Meridian Idaho 83642 Meridian City, Public Works Department 33 East Idaho Street, Meridian Idaho 83642 Nampa-Meridian Irrigations District 1503 1st Street South, Nampa, Idaho 83651 Meridian Fire District, Attn: Fire Marshall 33 East Idaho, Meridian, Idaho 83642 Meridian School District 911 North Meridian, Meridian, Idaho 83642 Meridian City Water, Department 11 Bower Street, Meridian, Idaho 83642 Meridian City Sewer, Attn: John Shawcroft 3401 N. Ten Mile Road, Meridian, Idaho 83642 U. S. West Communications, Attn: Deanna Cambon P.O. Box 7888, Boise, Idaho 83723 Ada Planning Association, Attn: Ross Dodge 413 West Idaho Street, Boise, Idaho 83702 Intermountain Gas Company, Attn: Jim Renner 555 South Cole Road, Boise, Idaho 83707 Idaho Power Company, Attn: Robert Taylor P.O. Box 70, Boise, Idaho 83707 Boise City Parks Department, Attn: Dave Selvage, Park Planner 1104 Royal Blvd., Boise, Idaho 83706 Boise Project Board of Control, Attn: Watermaster 214 Broadway Avenue, Boise, Idaho 83702 C:\OFFICE\WP WIN\CATHE\V ACATION\ACTIV E\GEMAVE.UTL VACATION DESCRIPTION A PORTION OF GEM AVENUE CITY OF MERIDIAN, IDAHO February 22, 1995 A tract of land situated in Government Lot No. 1 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being the south 36 feet of that right-of--way described in RIGHT OF WAY DEED recorded as Instrument Number 286764 at Book 334 records of Ada County, Idaho; and more particularly described as follows: Commencing at the southwest corner of said Government Lot 1, Section 18, T. 3 N., R. 1 E.; thence N 89° 19' S0" E along the south line of said Government Lot 1 a distance of 25.01 feet to a point on the east right-of--way of Meridian Road and the south right-of--way of Gem Avenue; thence continuing N 89° 19' S0" E along said south line of Government Lot 1 and the south right- of-way of Gem Avenue a distance of 5.00 feet to a point, the REAL POINT OF BEGINNING: Thence continuing N 89° 19' S0" E along said south line of Government Lot 1 and the south right-of--way of Gem Avenue a distance of 419.50 feet to the west right-of--way of East 1st Street; Thence N O1 ° 16' OS" E along the west right-of--way of East 1st Street a distance of 15.33 feet to a point of curve; Thence along the arc of a curve to the left having a radius of 20.00 feet, a central angle of 91 ° 56' 15" and a long chord that bears N 44° 42' 03" W a distance of 28.76 feet to a point; Thence S 89° 19' S0" W along a line parallel with and 36.00 feet northerly of the south right-of--way line of Gem Avenue a distance of 379.60 feet to a point of curve; Thence along the arc of a curve to the left having a radius of 20.00 feet, a central angle of 88° 30' 45" and a long chord that bears S 46° 57' 20" W a distance of 29.47 feet to a point; Thence S 00° 49' S0" W a distance of 16.52 feet the POINT OF BEGINNING. Parcel contains 0.3427 acres, more or less. . Basis of bearing for this description is the section line common to said Sections 13 and 18 bearing N 00 ° 49' OS " E from the N 1 / 16 corner to the N section corner. /j 1 110283 512131f0285 ~ 1~ H PE A~ ,~i~ ~ ~~~ S 91~ S ti ~ G~ ~~ ~~ ~~~ S1213110140 511182 51118223560 s1213u0oeo GEM AVENUE :IGHTMILE LATERAL 51213142300 SEE ~~ 12 3142240 Sl118233666 512131422 Q` Pti ~ ~ 51213142200 ~i 1 H _ ~~~ ~ S E1~ ~ H ~ N Q GRAPHIC SCALE W loo o so lao zoo goo (ntt~') i laoh - >'oo tt Z a Appication for Vacation A for the ~ ' South 36-feet of Ger1 Avenue M idi VICINITY MAP er an Road to E. 1st Street ~'~~ ~'Pt~1, Z~ S ~ ~ ~ l ~ t~R1U ~.~5 a ~ NOTES RETAI ~ ~ 5 ~ `' , ~G~ E ~~ IDENI NG of , ~ ... , rAEERIDIAN RDA ~ H - 51118223120 ~~,~~ ~Py S~ 9 LATERAL p~ OaS 1.` ~ 83726070300 83726070100 ~~ -. ~^, ~~, ,J ~ 04 f~ f`s k~ ~ y '~~,'~ I I~ t! W Q W " "" r„e~apl i ANT) .. ... ,. cueMROGIC PARTNERSHIP FIRST MERIDIAN PLAZA • • Meridian City Council June 18, 1996 Page 25 ' ITEM # 9: PUBLIC HEARING: REQUEST FOR A VACATION OF A PORTION OF GEM STREET RIGHT OF WAY BY WILD SHAMROCK PARTNERSHIP: Corrie: I will open the public hearing, is there a representative from the partnership here tonight? Mike Cavens, 6874 Fairview Avenue, Boise, was sworn by the City Attorney. Cavens: I represent Wild Shamrock Partnership in the vacation of a portion of Gem Avenue. At this time Ada County Highway District owns 92 foot right of way for Gem Street which we are requesting a vacation of the south 36 feet. The portion which we are requesting to vacate is at this point the Eight Mile Lateral flows across that 36 feet. Our request is to vacate the 36 feet, the the lateral and have an access across the lateral to connect to Gem Avenue. To give you a little history in April of 1995 the First Meridian Plaza was approved by the City and as a requirement on this Eight Mile Lateral flows right here, it doesn't show here but it shows how we would improve it. We would the it for an access point to Gem Avenue and then landscape and take advantage of the extra ground for parking that over the the ditch. There has been a little bit of confusion since Ada County Highway District owns the right of way, how come we haven't approached them. They have a requirement that before we can file an application with them we need a recommendation from the City of Meridian. That needs to be a part of that application to Ada County Highway District. Planning and Zoning tabled this issue the first time through to get staff a chance to get some comments from Ada County Highway District and they were unable to get any response from them. The response that we do have however, like I say when First Meridian Plaza was approved in 1995 they required us to curb, gutter, sidewalk Gem Avenue. That is a condition of our project. So that tells me that they do have plans for Gem Avenue for future use in this area. We have approached Ada County Highway District to buy that right of way the entire thing. They were not open to that. They say it is an integral part of this area for the City transportation. So with that if there are any questions. Morrow: I have a couple of questions, if 1 understood you correctly Mr. Caven you indicated you were going to over the top of the Eight Mile Lateral do some landscaping and partial parking space is that correct? Cavens: Yes what we do is we tie in our property abuts the right of way and so we have a little extra room on our parcel that we would add to the 36 feet and we would the the lateral and put some landscaping between Gem Avenue and our parcel and then have some parking along that so it would be the north of the edge of our project. Morrow: The point of my question is have you been talking with Nampa Meridian irrigation • • Meridian City Council June 18, 1996_ Page 26 concerning these plans? We are getting tremendously mixed signals, most recently mixed signals would be that they are requiring anything over a piped lateral to either be fenced on both sides or graveled. I think essentially in my reviewing these documents I have not and the other thing is their requirements are going to be inconsistent. So, based on and that is comments directly from them. Based on that what are there proposals here in view of their new positions or have those been discussed with you? Cavens: Here is a letter that was submitted with the packet, it says Nampa Meridian Irrigation District has no comment on Gem Street right of way. However Nampa Meridian's Eight Mile Lateral courses along Gem Street in this area Eight Mile Lateral has a 60 foot right of way 30 feet each side of the center of the lateral. We have had initial conversations with Nampa Meridian. This requirement does require their approval and we need to submit those to the City Clerk before we can start construction. So yes we have talked to them about the idea at first they wanted gravel they didn't want asphalt over it because ifi they had to get in there they would tear it up. We understand that is our risk, if they tear that up they don't have to replace it, it is our expense to replace if they ever would have to dig that up. Landscaping, they will accept landscaping of certain types of vegetation no deep rooted trees and things like that. They will allow landscaping over the top of their lateral. Morrow: My second question is with respect to the Meridian Bowling Lanes. As I read through these minutes from P & Z it appeared to me that if granted this action basically means that they lose some parking spaces and their license agreement with ACRD for the use ofi that ground is voided by ACRD is that impression correct? Cavens: Yes, the bowling alley has a license agreement with Ada County Highway Districted dated 1985. There was a request by Mr. Quinteri for the parking, in that license agreement it says the licensee understand and agrees that should this area become necessary as part of a public right of way fior traffic and pedestrian use this agreement will be extin wished and terminated and licensee will have 30 darts in which to remove his encroachments on notice of termination. The, like I say we tried to work with ACHD to -- ~= acquire the piece the right of way so that we could do parking with the bowling alley and _ i do different things. They said no we want to use that right of way. This license agreement does not abut the bowling alley, it is on the other side of the centerline ofi Gem Street to the south. That is right where the paving of the street is going to go where parking is. Without the vacation if we just forget about the vacation of the Eight Mile Lateral when Gem Street is improved it is going to go right through where his parking is. As required in the 1995 requirement to do the First Meridian Plaza was to improve that street and that is right where his parking is. Morrow: So are you indicating that in either case he loses parking? • • Meridian City Council June 18, 1996 Page 27 Cavens: Yes Morrow: Thank you, I have not further questions. Rountree: I am just going back in history and the last time I heard testimony on this 1 was a Planning and Zoning Commissioner and it was my understanding at that time that there was no intention to cross the lateral and connect to Gem Street. Now apparently that has changed and ACRD required that to occur Gary or Mike? Cavens: ACRD has not required that, at the time that we came through with the application we did not know the use for that restaurant pad located here next to First and Gem. It was approved for a drive thru and at that time we said if indeed this ends up being a drive thru that it might be possible that we need this access and we didn't get approval for it at that time and we would have to come back through this process if indeed we decided that it would be beneficial for the site and for traffic flows. Without it we kind of get traffic stuck in the dead end here and they are all trying to get out onto First or back out behind here onto Meridian. So we just felt that for traffic flows we are required to improve Gem Street that we probably should use it. Rountree: 1 guess my question still is my recollection was that there was no access going to be provided to Gem Street with the original development of that parcel. At what point in time did that become a requirement? Cavens: It is not a requirement, we are here asking for it. At the time we did not request it so there was no action taken on it. We talked about potentially needing it in the future and if we did need that we would come back forward and request it and that is where we are. We are back here to request to get access onto Gem. Rountree: My recollection of the position of the applicant at that time is that they had no intention of having access. Cavens: Because we did not have a tenant fior the building that we have acquired. Rountree: The access request is really a request of ACRD not City Council is that correct counselor? Crookston: Yes Cavens: That would be a part of the vacation application, we need comments from this Council before we can go before Ada County Highway District to get any comments from them including the access and the vacation because that all goes together. • • Meridian City Council June 18, 1996 Page 28 Rountree: And you are wanting 3S feet of right of way vacated as opposed to just the amount of property that is consumed by the lateral? Cavens: That lateral, 36 feet is almost the entire lateral. Crookston: It was just stated previously that it was 60 feet. Cavens: The easement is 60 foot, actual water is (inaudible). From centerline it is 40 feet, from center line it is 30 feet from centerline to the lateral it is 30 fool easement on either side. So we are taking 6 foot more than that is actual in the easement for the irrigation company, Nampa Meridian. Actual water width is about 20 feet. (Inaudible) So we would just be crossing the center line by about 6 feet. Corrie: Any other questions? Rountree: Do you have a typical section that would show that existing roadway canal easement and what you are proposing? Cavens: This isn't a typical section but it gives you an idea. (Inaudible) Brian Iverson, Bell Walker Engineers, 826 La Cassia Drive, was sworn by the City Attorney. Iverson: Meridian Road has been designed (inaudible) there is existing curb (inaudible) ifi you will look at those the location of the existing ones and the proposed one are (inaudible) come off of those (inaudible) of course when they dedicated 92 feet (inaudible) they got rid of the canal at the same time. That pretty well defines the alignment of this road and so the 36 feet of vacation is predicated ~-~~audible). This is the bowling alley here so basically any on street parking along (inaudibble) both sides. Rountree: It would be available? Iverson: The proposed section now no but with a one way public then it would be (inaudible) Tolsma: ACRD when they were talking about this give any indication why they wanted (inaudible) Iverson: No, this was a three lane section, it was because, provide a turn lane because, • • Meridian City Council June 18, 1996 Page 29 - particularly over here to get people in and out and over here (inaudible) at least the turn lane (inaudible) Tolsma: (Inaudible) Cavens: (Inaudible) (Discussion Inaudible) Cavens: (Inaudible) my understanding is when we get the permit to do that (inaudible) we go to get the building permit that this (inaudible) Iverson: (Inaudible) Ada County says you abut Gem Street you need to improve it. Our first approach with ACRD was well we don't have access to it we won't get any benefit out of it (inaudible) So they basically said (inaudible) Rountree: So is that the only thing that is driving this request is ACRD said you have to improve it therefore you (inaudible) Iverson: That started it, as long as the improvements had to be borne by this developer than he began talking to the district about tiling the canal and (inaudible) additional parking (inaudible). Cavens: And then on top of this (inaudible) Rountree: So you have desires for that as well. Tolsma: (Inaudible) so they have access to it. Cavens: They have not talked about fen.ing they have said pave it and we kind of (inaudible) We still need to sit down and work out the fine details (inaudible) have that opportunity (inaudible) Tolsma: (Inaudible) Cavens: (Inaudible) I don't know what the City feels, this is the entrance to their City, I know they are trying to landscape it and beautify it I think by tying that, putting the landscape, it does (inaudible) City of Meridian. Corrie: Any further questions? • Meridian City Council June 18, 1996 Page 30 • Morrow: I have one, have you read comments by the City Engineer's office with respect to the location of our water main and their concerns that there be at least 4 feet from the lip of the curb and gutter and relocation of that line. And that plan works with that requirement? Cavens: Yes Iverson: (Inaudible) Morrow: I will read you his entire comment, this is from Bruce Freckleton our Assistant to the City Engineer. It says the City of Meridian owns and maintains a water main in Gem Street approximately 15 feet south of the existing centerline. The typical location of our water mains in relation to the lip of the new curb and gutter is four feet. We would like to maintain this standard if possible but under no circumstances would we allow our water main to be under the new curb and gutter. My question is does your configuration proposed for that street allow that to happen? Cavens: I can't say that we have sat down and actually drawn on there from his description from the center line of the street I don't think we are close to getting to the curb and gutter on this water main but that is a condition of us being able to do this of being able to meet that. (Inaudible) Iverson: We do have the 12 inch water line (inaudible) located on this drawing and I had assumed (inaudible) is actually the location and in that case we would be okay but the location we show back to E. First (inaudible) we would have to make some provisions for that. If that was a condition then we would have to either move the water line or (inaudible). Morrow: I would like to have Gary Smith comment on that please? - Smith: Mr. Mayor and Council members we can't have the water line under the sidewalk. Morrow: And this proposal have you (inaudible) Smith: I haven't seen a map of it. Morrow: I have no other questions Mr. Mayor Corrie: Any other questions of the Council? Is there any further testimony from the public • Meridian City Council June 18, 1996 Page 31 " • at this time? Seeing none, Council, comments or discussion? Morrow: Mr. Mayor a couple of comments I guess I would have. It appears that the bowling lane and Mr. Quinteri lose the parking in any case so that was a concem of mine but it not something that we can do anything about. It appears to me, I don't have a problem with recommending or approving the vacation of easement if it can be worked out with ACHD. I am concerned about the condition of the water line being totally accessible and being the 4 feet or a minimum of four feet from the curb, gutter and sidewalk. I do think that they need to work out the conditions from Nampa Meridian and so that we know what those recommendations from Nampa Meridian might be because I would hate to see two chain link fences there or gravel there as Nampa Meridian has indicated to us in the case of some other things. I do agree with the concept that it ought to be landscaped and look nice as a corridor entrance to the City. So I guess given those items I wouldn't have a problem with the vacation if we successfully address those issues. Rountree: Would your recommendation for approval in this situation with those conditions be a sufficient way to get those conditions take care of Wayne or would we need some kind of an agreement first and then enter into a recommendation or do we need findings of fact, where do we go with this thing? Crookston: We do not need findings of fact and conclusions of law, it would be preferable to have an agreement before you take final action but that is totally up to the discretion of the City. They do as I understand it do have to deal quite a bit with ACRD, but I think it would be best to have (inaudible) agreement. Morrow: Charlie, let me ask you this how do you feel about the access to Gem from the site? Rountree: I think it is needed, I was curious (inaudible) and that is why I pointed it out that they had no intention of providing access. I think it is a good think and I agree v~ith the comments that you made. I conceptually it was going to happen either way. If we can condition and make sure that we can meet our water line requirements and get a reasonable agreement from Nampa Meridian on what is going to be done and not end up with an eye sore that I have no problems with going forth with it. Morrow: I think to pick up on the Counselor's advice I would like to see something in writing concerning our concerns and then based on that forwarding to ACRD our recommendation for the vacation if that is what the Council desires to do. Rountree: Want to run that by me one more time it didn't compute? U Meridian City Council June 18, 1996 Page 32 Morrow: I think what I would like fo see is that we draft up an agreement covering the issues with respect to the water line, the issues with respect to written notification from Nampa Meridian Irrigation District as to what their position is going to be and a commitment to that. And then based on both of those items being acceptable to the Council then we forward and approval of the vacation of the easement to ACRD. Rountree: As a motion and action and getting action so we don't' have to extend continue or receive additional public input (inaudible) authorize any approval it is the receipt of information for the applicant (inaudible). Morrow: I think so Corrie: I think if you are going to have any comments from Nampa Meridian Irrigation District and also from the City on the water lines we need to have it, hold the public hearing open or you can close it with those things and take that (inaudible) go ahead with the request for vacation to ACRD, am I correct counselor? Crookston: Yes Corrie: So you have one of two ways you can go. Morrow: Well I think if that is the case then the resolution of the issue with the water line is an in house deal and that is fairly easy to accomplish. I think that we would like to see the comments from Nampa Meridian and we need to be able to if those are not in our best interest as a City then we need to take formal action as a Council in the public arena. Although I would like to see it done tonight I think probably the proper thing to do is to continue the public hearing awaiting that letter from Nampa Meridian until the July 2nd meeting. Crookston: Mr. May°or and Council, I did meet this afternoon with Nar.~~pa Meridian -- Irrigation District not particularly on this subject but they did make some comments about =-_ what they would like to do when the City requires a lateral or a ditch to be tiled. Do you - _ want me to tell you that now or do you want to wait for Department Reports, either way is fine with me? Corrie: Would it benefit this? Crookston: Yes it could because it is a tiling of the Eight Mile Later. They indicated to me that when I asked them what do you require when the City requires a ditch to be tiled. They said that it really depends on what ditch it is and how big it is. Whether or not it runs through the front yards or the back yards they were not real anxious to enter into a Meridian City Council June 18, 1996 Page 33 statement as to their requirements because they change. I don't know if they change daily but they change frequently and they say that it is all based upon where the circumstances of the ditch that is going to be tiled. They said if it is going to be we were talking basically about a residential area but if the ditch is panning through where it is going to be tiled would run through the back yards they thought that it could be left open. If it runs through the front yard it should be tiled. They also have to make sure that they have access to the tiled ditch but they were really hesitant to give us any kind of statement as to what their requirements simply because they say it depends on what is going to be done. So what they said really doesn't help you in this case, but the rea! point is whether or not they would require the Eight Mile Lateral to be fenced and graveled when particularly the applicant would like to have access over it. It is going to be difficult to fence it along the easement right of way. Cowie: I guess if you want information from Nampa Meridian Irrigation then we probably need to keep it open. Bentley: In lieu of what he is telling us I see (inaudible) no other alternative but to get some input from them that it is quite obvious their plans change depending on the site configuration. So I think we have to keep the hearing open and wait for a response. Morrow: Shari is indicating that she has a comment could we listen to that please? Stiles: Mr. Mayor and Council, the applicant had previously submitted a variance application for tiling of this ditch, that was approved by Council it was also approved by Council that it would not be required to be fenced because it would serve no purpose. I think in this case it is real similar to the South Slough that was tiled in Bedford Place even thought that is a residential subdivision it runs along the front lot line. They have full access from that public street to do any maintenance that we need to do. The one thing that I have a question is what kind of landscaping they are going to allow and if they are going to reduce that 60 foot easement at all. I think those are items the can be addressed _ before any access is allowed off of Gem Street or further construction is started there. Our problem I think is that this has been such a lengthy process and they are still not at-Ada County Highway District if we have some conc~ms to do with Ada County Highway District and Nampa Meridian would it be possible for the City to approve this and make it a conditional approval and send a letter to Ada County Highway District indicating that conditional approval and working out those details through Ada County Highway District's process because theirs is also a lengthy process and we can't seem to get any details from them before that process is started. Morrow: So you are suggesting that we have a conditional approval based on the resolution of the Nampa Meridian issue with what it is that they might require that we don't Meridian City Council June 18, 1996 Page 34 ' have any input from the present time. And also that our approval is conditioned on the location of the City water main. Stiles: Yes Rountree: Is that a motion? Morrow: It will be as soon as he closes the public hearing. Corrie: I will close the public hearing at this time, entertain a motion. Morrow: Mr. Mayor, I would move that the City of Meridian sends to ACRD a letter recommending the approval of the vacation sought by the applicant subject to the conditions being met that the City water fine issue be addressed at a minimum of a 4 foot location from the edge of curb and that the conditions of Nampa Meridian Irrigation be met in compliance with the City landscape ordinance. Rountree: Second Corrie: Motion is made by Mr. Morrow, second by Mr. Rountree any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea FIVE MINUTE RECESS ITEM #10: PUBLIC HEARING: REQUEST FOR A REZONE FROM R-15 TO C-C BY EVERETT & ROEN WILSON: Corrie Is there a representative (inaudible) Roen Wilson, 1567 Leslie Way, was sworn by the City Clerk = "= Wilson: Well, the findings and conclusions that I have a copy of here it says that the CC designation is to encourage the clustering of commercial enterprises. The Planning and Zoning Administrator Shari Stiles commented that this rezone is consistent with the goals and policies of the Meridian Comprehensive Plan. There was no testimony at the hearing objecting to our application. I just want to, I am sure that you have all driven by this property and seen what a transformation has taken place in the last few weeks here. It is just looking really nice and raring to go. So I would appreciate your expediting this. C n u MERIDIAN CITY COUNCIL MEETING: JUNE 18.1996 APPLICANT: WILD SHAMROCK PARTNERSHIP ITEM NUMBER; 9 REQUEST:PUBLIC HEARING: REQUEST FOR VACATION OF A PORTION OF GEM STREET RIGHT OF WAY 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: GENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS 4-19-96 & 5-14-96 P 8 Z MINUTES SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~ V "REVIEWED" ' I~ ~/ r SEE ATTACHED COMMENT C ~~ I ~!v ~~ SEE ATTACHED COMMENTS ~I~~a~~s~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • Meridian Planning & Zoning Commission Apri 19, 1996 Page 45 before you step into this. Oslund: Well that addition doesn't need to be. done, it could be, just come back go to the building department and say we have a single family residence or a duplex and we want to add on a family room and I don't believe that you will ever have to come see us. As long as you meet their requirements. Crookston: On your question about if you do go with a conditional use permit or an accessory use permit either one and then you operate your business and in two years or 20 years later you want to go back to the home that is not a problem. Johnson: Anyway, the way this process works is if we go to the finding of fact and conclusions of law then those aren't addressed until our May meeting on the 14th, following that it goes to the City Council so it is not a real quick process. That is as quick as it can be under the (inaudible) with what we have to do with noticing the people etc. Anyone else have anything else? Anyone from the. public have a final comment? If not I will close the public hearing then. It does require findings of fact and conclusions of law. Ostund: Mr. Chairman, I move that the City Attorney prepare findings of fact and conclusions of law for this application and incorporate the testimony given and the concerns of the commissioners. MacCoy: Second Johnson: Moved and seconded you have the City Attorney prepare ~ndirtgs of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: That is it for tonight, if you do have any question feel free to contact the City either the public works department but that is probably not your best bet, go first to the City Clerk if you have any questions he can direct you to the people to give you ar~wers in the interim here. ITEM #13: PUBLIC HEARING: REQUEST FOR A VACATION OF A PORTION OF GEM STREET RIGHT-OF-WAY BY WILD SHAMROCK PARTNERSHIP: Johnson: At this time I will open the public hearing and ask the representative or the applicant to come forward and address the Commission. I need to remind jrou that any materials presented to the Commission become property of the City. • • Meridian Planning & Zoning Commission April 9, 1996 Page 46 Mike Caven, 6874 Fairview Avenue., Boise, was sworn by the City Attorney. Caven: Mr. Chairman and Commissioners my name is Mike Caven I represent the Wild Shamrock on this application for vacation of Gem Street. I would like to kind of bring you up to speed here a year ago this mor•th on this project we had approved is what I have here before you. The Blimpie's/Godfather site 'has been constructed and they are in business and operation right now. We will be submitting the final plans for building D here within 30 days and begin construction on that. What we have before you right now, we are working with building A on this plan -here shows that it is a sit down restaurant, under the conditional use a year ago, that is approved for a drive thru and that is what we are attempting to do is with our client right now to put that back into a drive thru. We have another plan that will show that as a drive thru. What we are referring to tonight is for this building, for the future drive thru, we feel it is critical for an access onto Gem Avenue. And so we are looking for a vacation of Gem Avenue, we want to cover up that Eight Mile lateral and put the access in on Gem Avenue. (Inaudible) Caven: Reviewing the comments from Shari we don't have a problem with items 1 through 4, if we can add a fifth item to that. The fifth item would be the plans for vehicle access on Gem Street will need to be approved by Ada County Highway District, submit written evidence of approval to the City Clerks office prior to the commencing of work. Above and item 1 were subject to working out of piping the Eight Mile lateral getting an executed license agreement and submitting that as evidence to the City Clerk's office. In item #3 we are to provide an approval letter from ACHD for all the work to be done in the right of way. In item 4 we are to submitted a detaited landscaping plan for Gem Street prior to any building. So item 5 as I suggested would just continue that we would get an agreement with Ada County Highway District for this access to Gem Avenue prior to construction. With that if there are any questions? Johnson: Thank you Mike, any questions of Mr. Caven? This is a public hearing, is there someone else that would like to address the Commission at this time? Jean Quinteri, 2710 Laurelhurst Drive, Boise, was sworn by the City Attomey. Quinteri: We have no objection to the tiling of the lateral adjoining Gem Street. The only thing that we are concerned with that in April 1985 the Ada County Highway District granted us permission to improve the South 24 feet of the north 59 feet of Gem Avenue for additional parking, that we have done. We would like to be able to continue to use that for a portion of Gem Street for off street parking for our patrons. Following some of the plans that have been submitted. and the details that I have here one concern that I have • • Meridian Planning & Zoning Commission April 9, 1996 Page 47 is how far into that south 24 feet will that improvement come. How much of that 24 feet will be used in approving the lateral? We would like to be able to maintain that, I know that the agreement from the Ada County Highway .District has a stipulation they can rescind that approval, but we sure need it and we would like to keep it. Are there any questions, I would be glad to try and answer them for you. . Johnson: Okay Jean 1 am not too sure we can answer your question and I can understand the importance of that to you. I would like to ask staff at this time if they have looked into that specific issue and perhaps can shed some light on the situation regarding Meridian bowling lanes. It doesn't matter which one of you goes first. Smith: Mr. Chairman, I have looked into that license agreement that they have. Johnson: That license agreement is that the agreement that he is referring to of 1985 with ACRD? Smith: I believe so. Johnson: Do you happen to have copies of that? Quinteri: I delivered some to the City. Johnson: The City has that. Quinteri: I delivered copies and they made copies of mine. Johnson: I don't think we have those in our packet. Let me see, we do have that in here. It is smaller type, it has been reduced. Quinteri: (Inaudible) Johnson: It looks like it runs for an indeterminate period of time until such time as you are notified by ACRD it no longer exists right? Is that your understanding? Quinteri: That is correct, there is a rescind on section 1 the last seven lines you can see where the license can be terminated with a 30 days notice which we haven't received. Johnson: Have you had any discussions Jean yourself with any representatives from ACHD on this? Quinteri: (Inaudible) • • Meridian Planning & Zoning Commission April 9, 1996 Page 48 Johnson: I guess the real question is one we probably can't answer at this point and that is how far that comes into the 24 feet is that correct. Caven: The reason that we would be happy not to improve the street, curb, gutter and sidewalk, it is a recommendation by ACRD that we do that. Brian here can address the technicalities of a 24 feet. How it got to what it is and why it is there. If you can see if we can get rid of the curb, gutter and sidewalk then we can preserve his 24 feet and move on and that would be fine. Johnson: Well I would appreciate Brian's comments. Brian Iverson, 826 LaCassia Drive, Boise, was sworn by the City Attorney. Iverson: Just a little history, Gem Street has 91 feet of right of way, it was sold to the County Highway District I believe it was about in the late 1940's. Sold them 91 feet of right of way so they could get rid of the Eight Mile Lateral 1 guess with it. So at this time the Eight Mile Lateral is located on Ada County Highway District right of way and the Wild Shamrock parcel actually abuts Gem Street right of way south of the lateral. (Inaudible) recommendations of ACRD was to curb, gutter and sidewalk Gem Street as part of the development. That creates drainage problems plus we have no access so one of the things that arose out of that was to go in and the the Eight Mile lateral and get access to Gem Street and provide the improvements. To do that we proposed to vacate the southerly 36 feet of Gem Street. Mr. Quinteri does have a license agreement from 1985 for the north, the south 24 feet of the north 59 feet of the existing right of way. The impact on him would be that the new right of way would encroach 3 feet into his 24 feet from the south. Under the provisions to provide curb gutter and sidewalk, the curb, gutter and sidewalk and distance from the right of way to the back of the sidewalk will require an additional 9 feet. So the total encroachment into his 24 feet is 12 feet leaving him a remainder of 12 feet which is really a moot question because now we are looking at a paved street out there and it would be my belief that the Highway District would rescind the agreement because now you have an improved street with curb, gutter and sidewalk out there. Johnson: So the parking would disappear is what you are saying? Iverson: That would be what I believe. Oslund: On both sides of the street? Iverson: Yes Oslund: So the typical section for this piece, then this is an arterial, five lane? • Meridian Planning & Zoning Commission April 9, 1996 Page 49 Iverson: I believe it is designated a local road, our firm also did the Meridian Road design improvement. Because of the connector and everything else the existing curb returns at E. 1st Street are 41 back to back for a street.line with turn section. ACRD had approved that and with my belief that because of the connection between Meridian Road and East 1st. . Oslund: So it is a 3 lane. So he is really going to lose a ton of parking, not just on the south side of Gem Avenue but everything on the north .side he is going to lose. (Inaudible) Oslund: Okay, so your improvements are only half street improvements from the center line to the south. Iverson: Right, well it requires just a pavement match and it is not even a full section. Quinteri: Can I ask a question, is it necessary to put that wide of a sidewalk in Gem Street? Iverson: We, normally with that street section you have a 7 foot sidewalk in this case we have 5 foot sidewalks. The other reason that the street is so far north and you will notice that with the existing curb returns on East 1st that they are in the northerly portion of the existing right of way. One reason of course is that the Eight Mile Lateral takes up the southern portion of that right of way. The other is that the bridge is both on East 1st and on Meridian Road by the time you put the radius in and you can see it on the existing curb returns on East 1st and the road way would match those because of the bridge being there by the time you get the radius, the curb ,return radius in the Gem Avenue moves north. Oslund: Does this require findings? Crookston: Yes Oslund: (Inaudible) Crookston: Well I think that it does but I am not sure. Johnson: I didn't think that it did (inaudible) it is a recommendation as I recall. Crookston: I will look into and if findings are required then 1 will do them and if not I won't. Johnson: I think we need to move if we are going, and if we are through with the testimony • • Meridian Planning & Zoning Commission April 9, 1996 Page 50 we don't know that yet (inaudible). Is there any other testimony? Smith: Mr. Chairman can I ask a question? Brian do you know where the building is in relation to the right of way line, Meridian Bowling lanes? Iverson: I do but whether or not I have got it with me I don't know. I don't have it on the drawing Gary. Quinteri: Our building is 22 feet north of the Gem Street right of way that we have (inaudible) Iverson: So then 22 feet of the right of way and when you put the curb, gutter and sidewalk on your side you would have basically 22 feet. Smith: Is it possible then that his parking along his building would be protected even as Gem Street is developed do you think or not? Iverson: It would be my observation that as Gem Street is developed on the north side, as curb and gutter is developed up there then you would be restricted to that 22 feet which I believe would probably reduce it down from what he is seeing now because of the open nature of it. (Inaudible) parking stalls so about 20 feet so if he was pulled in towards the building (inaudible) Oslund: What was the distance from the face of curb back to property line? Iverson: Two feet, from the face of curb to the property line it would be 7.5 feet. Oslund: It doesn't look good for parking as Gem develops. Smith: I think the highway district would have to make some special ruling on that. I guess that this their jurisdiction. Quinteri: (Inaudible) South 24 feet (inaudible) along that side and leave (inaudible). Johnson: We are not in receipt of ACRD comments is that correct? Smith: Mr. Chairman, may I ask another question? Mr. Quinteri how many parking spaces do you have available at this time for your bowling lanes, do you know? Quinteri: 190 some. • Meridian Planning & Zoning Commission April 9, 1996 Page 51 Smith: How many spaces do you have adjacent to Gem Street do you think at this time? Quinteri: Well we can use as many as 22, 24 places. Smith: On the South side? Quinteri: Yes (inaudible) you are going to have a passage way (inaudible) Crookston: Well they have got to eat ,somewhere, you just won't have as much food business Jean. Quinteri: We are getting, it is amazing we get more restaurants out that direction and (inaudible) going up, so bring more restaurants in. Johnson: I am not sure that we are getting all of these comments on the recording here that Anna has to deal with. At this point it looks like we are kind of at an impasse, we need to have some kind of recommendation. If it does require findings of fact and conclusions of law and Anna thinks it does and she does all the typing on all these (inaudible) so she probably knows so I think we need to do that. I am sure that the Commissioners are interested in ACRD comments. Iverson: I guess as a point, we haven't filed a formal application with ACRD and I don't know is it a part of the City process when you get a request for a vacation is it forwarded to ACRD Gary? Smith: They have their own process but Shari said this was forwarded to them. Iverson: Part of their process is that we have to have City approval (inaudible) before we proceed with their process. Johnson: We just need some action on it whatever you want to do. You have some options you can table it, you can proceed on the condition of (inaudible) deny it, ask for findings of fact. Oslund: I think it is a tough decision but I don't know what kind out of our jurisdiction. Johnson: I think that is true but what might occur is some options, I don't know that they might be that ACRD might come up with. I know ACRD is the one that wants the street 3 lanes wide. But I would still look for their comments on their review of this. MacCoy: (inaudible) • Meridian Planning & Zoning Commission April 9, 1996 Page 52 Johnson: You guys can do whatever you want to do; I don't want to tell you what to do. MacCoy: I propose that we table this until we receive the ACRD comments and (inaudible) next meeting. Johnson: You have to table it to a date certain which would be May 14. MacCoy: May 14 Iverson: Well if you have submitted it to ACHD and they haven't responded what is the mechanism to get comments from them? Johnson: (Inaudible) process the way I understand it, is that correct? Smith: Well I am not sure how the highway districts reacts on vacation. If what Brian is saying, it sounds like they are waiting for a response from the City of Meridian before they issue any action. I don't know I haven't followed one through before on a vacation of right of way. I am sorry I can't tell you. Johnson: We did one on Roger Anderson that we handled on March 12, do you recall that specifically? Smith: We vacated an easement for Anderson yes, that was a City easement, this is a public right of way. I am sorry I don't know what their process is. I know they have public hearings and advertisements just like we do but I don't know if they are requiring some kind of input from the City of Meridian prior to their holding of that public hearing. Iverson: As part of the application process you need to submit approval by the City for the vacation. ACRD of course owns the right of way and now they charge you for it. The developer has even had to have an appraisal done of the Eight Mile Lateral part of it so that ACHD can determine Market Value at which you would purchase it. Caven: I think what, we thought through these things, I think what when I first started on these conditions 1 through 4, if we can add that number 5 that gives this Commission the opportunity to go ahead and move this thing forward and get a decision that we can take and put on our application to ACHD but still what their decision is have to come back before your clerk with the written approval of what they will accept. That was my proposal on putting that in the number five plans to be able to access onto Gem Street will need to be approved by the Ada County Highway District, submit written evidence of approval to the City Clerk's office prior to commencing of work. So I think that would allow you to make that decision pass it forward and whatever ACHD decides has still got to go through • • Meridian Planning & Zoning Commission April 9, 1996 Page 53 the City of Meridian before we start work. Oslund: Well I think we should consider as hard as it is moving this forward and if, have we decided that there are findings. Johnson: We are pretty sure that it is required. This is not something that we handle everyday, but we think we do. Stiles: Chairman and Commissioners, I know that the last vacation that we did was for Roger Anderson and that findings were prepared however in December of 1994 we vacated an entire plat with all the roadways and associated easements, Crookston's comment here, Crookston states,"this does not require findings", Johnson, "it is a recommendation though is it not?" Crookston, "You can make a recommendation to the Council." Shearer moved we recommend the City Council to vacate this plat, second and it went right onto City Council. The motion was, we have a motion to recommend to the City Council approval of the vacation of this subdivision plat and the associated right of way all those in favor, opposed. Crookston: There may be differences between vacating the plat and vacating a right of way. Stiles: I don't believe we did any findings for the Loffer vacation. Crookston: Either way Johnson: I don't think any of those cases had a negative impact on anyone. (Inaudible) Crookston: If they are required I will do them if not I won't. Stiles: Is this State code where it requires that? Crookston: We deal with that and the City's ordinance on this, both. Oslund: I am going to take a shot at a motion here. Johnson: Well Malcolm already has one on the floor. Caven: Could I ask a quick question, if you guys decide the sidewalk doesn't need to go in, the improvements don't need to be (inaudible) says they want them (inaudible) is it this Commission or the City of Meridian or Ada County Highway District. • • Meridian Planning & Zoning Commission April 9, 1996 Page 54 Crookston: ACHD will make the final determination (inaudible). Caven: That is where if we can get through this and add this number 5 the developer and the bowling alley we can get down to ACRD and work this out with them and bring that decision back to the City of Meridian. Crookston: That could be, the City does have to approve it at some time. Caven: ACRD is not going to hear it until they get recommendation from the City. Johnson: We have a motion on the floor. Oslund: Malcolm could you restate your motion please? MacCoy: My motion was to table this until our next meeting in the month of May, regular meeting in the month of May. We would then look at the ACHD comments on this. There may not be any. Oslund: I would like to second that and ask for discussion. Johnson: You can't have discussion until there is a second or it dies for lack of a second. Oslund: I just said that. Johnson: Okay, we have a motion and a second, discussion. Oslund: Okay, I guess I would, t don't know that there is a need to table it and I understand that there is an impact to the property owner. It is ACHD's right of way that they are seeking to vacate. ACRD is going to have to make a couple of decisions, they are going to have to decide whether they are going to give him as (inaudible) on street parking that is not currently shown in this I don't know. There are several issues that need to be worked out and I don't know but I think they are all within the jurisdiction of ACHD. So, as an alternative, I would offer that maybe we just go ahead. Johnson: Well we have to vote on this motion first. (Inaudible) any further discussion? We have a motion to table until our next meeting with hope of feedback from ACHD which we may or may not be getting, all those in favor of that motion? Opposed? MOTION DEFEATED: All Yea Johnson: Is there any further discussion or another motion? • Meridian Planning & Zoning Commission April 9, 1996 Page 55 Oslund: I would like to make a motion that we determine if we need the findings of fact and if we do we prepare them and if we don't then this motion would be that we approve the request for vacation of this street right of way. Then we get a chance to review the conclusions of ACHD's review. In other words that would come back to us. Johnson: You have a motion on the floor is there a second? Motion dies for lack of a second. Gary Smith you had a comment that might help us? Smith: Mr. Chairman I was just wondering if the parking requirements for the Meridian Bowling lanes should be taken into account here just to see what kind of impact this really has on their operation. Johnson: Square footage versus use and that sort of thing. I would guess it would (inaudible) originally approved for that. Smith: I have no idea, but I don't know that there has been any plan set forth as to how this is going to look once the street is improved and whether or not parking spaces can be provided along the south side of the building off of Gem Street. It may be that Meridian Bowling lanes is not only going to lose the parking spaces on the south side of Gem Street but they will lose them on the north side of Gem Street also with the improvement of the road. There is after all 92 feet of right of way provided here, 92 feet, that is probably as wide of right of way that we have in the City of Meridian except for Fairview Avenue. (Inaudible) Smith: I understand that but it is stilt public right of way. We are going to vacate 36 feet of it because of a ditch which will be piped. If the ditch is going to be piped it could be moved onto the property and piped. Johnson: Do you think there is a possibility that the vacation of this easement is going to put Meridian bowling lanes out of compliance? Smith: I am just asking the question Mr. Chairman, I don't know. But right now, I don't know, I am just asking the question. Johnson: t don't think we have enough information here to make a decision here. I think in that regard we need to get some additional information. We are going around in several different directions here. Smith: I understand that, I am just tossing out a question that I think from my standpoint needs to be answered. We have an operation of a long term Meridian business down • • Meridian Planning & Zoning Commission April 9, 1996 Page 56 there that has relied upon parking along Gem Street and all of a sudden it appears to me that parking on both sides of Gem Street is jeopardized by the vacation of 36 feet of the existing right of way. Oslund: Is that parking currently on public right of way? Smith: It is on the south side yes sir. On the north side if there is 22 feet of space between the building and the right of way then that parking area is on the Meridian Bowling Lanes property. But on the south side that is definitely in the right of way. That is why this license agreement exists with the highway district. Oslund: I share your concerns as well and that is why I said that ACRD is going to have, one of the decisions that they are going to have to make is are they going to allow direct off street parking on the north side. I would say that is unlikely. That is, it is something that is going to have to be dealt with. Quinteri: On the north side of Gem Street there would be no need to provide (inaudible) parking in our own property (inaudible). Oslund: Yes, but that parking would have to direct, it would have access directly from the street, is that correct, backing in and out? Quinteri: It does now. Oslund: And with the new street is that right? If they were to complete curb, would you still have to get into that parking space directly from the street? Quinteri: If you put curbs and gutters on the north side (inaudible) curbs and gutters would have to go on the portions (inaudible) 92 feet of right of way. (Inaudible) Johnson: Comment Mr. Caven? Caven: A year ago when this was approved the climate of this site regardless of if we tiled the ditch or not is to do the improvements to Gem Avenue. So the issue here isn't if we should the it or not, that doesn't matter, we are required to put the improvements in by ACRD on a conditional use from a year ago. So we have to do that. The way the ground lays because of the ditch and the bridges to get the radius that ACRD wants that is why the sidewalk is where it is. So that is going to go in regardless if we pipe the lateral or not. The second issue, when you get down to it, we want to work with the neighbor but the bottom line is the public right of way in the agreement with ACRD they gave the bowling alley the right to use it until such time as the revoke the license to use it. I wish I could go • Meridian Planning & Zoning Commission Apri19, 1996 Page 57 around town and get parking on public property all over the place. But the bottom line is that ACRD knew this was going to be improved. at some time in the future, they weren't using it at the time. (End of Tape) phase one of the Blimpie's and Godfather's they didn't make us do it. When we come in with phase 2 they are going to make us put it in. Oslund: What is the variance that you are referring, you just said that ACRD would grant a variance, what variance are you seeking? Caven: Well if I said variance I didn't mean variance, what, we did phase 1, Godfather's and the Blimpie's they did not make us improve Gem Avenue at the time. When we come in to do our next building they said they will make us do the improvements on Gem Avenue, it is already set. And so what we have done in the mean time, we have a user for building A, which the access oMo Gem Avenue would be very beneficial for traffic flows for getting in and out of the site. We determined if we pipe that and make an access to Gem Avenue. Oslund: So the half street improvements that you guys are committed on doing on the south side there does it have on street parking of any kind? Or just bike lanes or what does it have? Caven: Has that been designed? (Inaudible) Caven: We will have to submit some plans to ACRD and go with what the requirements are. So we get the vacation and your comments on it so we can go down and apply to them and say the City of Meridian agrees to this (inaudible) on street parking or restrict the parking or what they are going to do. Oslund: That would replace maybe half of what he has got now, he has 24 spaces that are perpendicular on the south side. If you did parallel parking possibly you can get some back. I just don't see, the stuff that is happening on the north side that is going to happen in the future and that is really not, that is something that is going to have to be dealt with but I don't think it is our, I think it is ACHD's issue. Crookston: How far to the east of Meridian Road is the plan for the access into the Bolo's area and that area? Caven: That is another issue and we will need to get exacts, but as it is drawn right there it is about 210 feet of East First and about the same from Meridian Road. • • Meridian Planning & Zoning Commission April 9, 1996 Page 58 Johnson: Okay we need a motion guys or we will be here all night. MacCoy: I recommend that this material be tabled until the next meeting to get the ACHD material in hand and also study or comments by our staff to do with the bowling alley. Johnson: Okay, I am looking for a second here before we have discussion. Oslund: Second Johnson: Okay, 1 think the problem here in this motion is you made your motion with the ACHD would be providing comments and I don't necessarily think they are going to provide us with anything. I think you can structure a motion to pursue that to clarify whether we are going to get it. I think (Inaudible) requirement that someone from staff contact ACHD. (Inaudible) I don't think we can state with those in hand because I don't think we have anything in hand and therefore we would be stuck again with tabling it again. MacCoy: I rescind my motion. Crookston: The second needs to rescind also. Oslund: I will rescind my second MacCoy: I recommend .that we table this material with the fact we will review it again in one month at the regular meeting with staff checking into the ACHD material if any, and the needs for findings of fact and conclusions. Oslund: Second Johnson: Any discussion? All those in favor of the motion? Opposed? MOTION CARRIED: All Yea Oslund: 1 move that we close this meeting. Hepper: Second Johnson: We have a motion for adjournment, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 10:50 P.M. • Meridian Planning & Zoning Commission April 9, 1996 Page 45 before you step into this. Oslund: Well that addition doesn't need to be done, it could be, just come back go to the building department and say we have a single family residence or a duplex and we want to add on a family room and I don't believe that you will ever have to come see us. As long as you meet their requirements. Crookston: On your question about if you do go with a conditional use permit or an accessory use permit either one and then you operate your business and in two years or 20 years later you want to go back to the home that is not a problem. Johnson: Anyway, the way this process works is if we go to the findings of fact and conclusions of law then those aren't addressed until our May meeting on the 14th, following that it goes to the City Council so it is not a real quick process. That is as quick as it can be under the (inaudible) with what we have to do with noticing the people etc. Anyone else have anything else? Anyone from the public have a final comment? If not I will close the public hearing then. It does require findings of fact and conclusions of law. Oslund: Mr. Chairman, I move that the City Attorney prepare findings of fact and conclusions of law for this application and incorporate the testimony given and the concerns of the commissioners. MacCoy: Second Johnson: Moved and seconded you have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: That is it for tonight, if you do have any question feel free to contact the City either the public works department but that is probably not your best bet, go first to the City Clerk if you have any questions he can direct you to the people to give you answers in the interim here. ITEM #13: PUBLIC HEARING: REQUEST FOR A VACATION OF A PORTION OF GEM STREET RIGHT-OF-WAY BY WILD SHAMROCK PARTNERSHIP: Johnson: At this time I will open the public hearing and ask the representative or the applicant to come forward and address the Commission. I need to remind you that any materials presented to the Commission become property of the City. Meridian Planning & Zoning Commission April 9, 1996 Page 46 Mike Caven, 6874 Fairview Avenue, Boise, was sworn by the City Attorney. Caven: Mr. Chairman and Commissioners my name is Mike Caven 1 represent the Wild Shamrock on this application for vacation of Gem Street. I would like tq kind of bring you up to speed here a year ago this month on this project we had approved is what I have here before you. The Blimpie's/Godfather site has been constructed and they are in business and operation right now. We will be submitting the final plans for building D here within 30 days and begin construction on that. What we have before you right now, we are working with building A on this plan here shows that it is a sit down restaurant, under the conditional use a year ago, that is approved for a drive thru and that is what we are attempting to do is with our client right now to put that back into a drive thru. We have another plan that will show that as a drive thru. What we are referring to tonight is for this building, for the future drive thru, we feel it is critical for an access onto Gem Avenue. And so we are looking for a vacation of Gem Avenue, we want to cover up that Eight Mile lateral and put the access in on Gem Avenue. (Inaudible) Caven: Reviewing the comments from Shari we don't have a problem with items 1 through 4, if we can add a fifth item to that. The fifth item would be the plans for vehicle access on Gem Street will need to be approved by Ada County Highway District, submit written evidence of approval to the City Clerk's office prior to the commencing of work. Above and item 1 were subject to working out of piping the Eight Mile lateral getting an executed license agreement and submitting that as evidence to the City Clerk's office. In item #3 we are to provide an approval letter from ACRD for all the work to be done in the right of way. In item 4 we are to submitted a detailed landscaping plan for Gem Street prior to any building. So item 5 as I suggested would just continue that we would get an agreement with Ada County Highway District for this access to Gem Avenue prior to construction. With that if there are any questions? Johnson: Thank you Mike, any questions of Mr. Caven? This is a public hearing, is there someone else that would like to address the Commission at this time? Jean Quinteri, 2710 Laurelhurst Drive, Boise, was sworn by the City Attorney. Quinteri: We have no objection to the tiling of the lateral adjoining Gem Street. The only thing that we are concerned with that in April 1985 the Ada County Highway District granted us permission to improve the South 24 feet of the north 59 feet of Gem Avenue for additional parking, that we have done. We would like to be able to continue to use that for a portion of Gem Street for off street parking for our patrons. Following some of the plans that have been submitted and the details that I have here one concern that I have ! • Meridian Planning & Zoning Commission May 14, 1996 Page 55 our entryway to Meridian, I wished you would have faced it out onto our entry though. Zamzow: Thank you (inaudible) Johnson: Anyone else from the public that would like to address the Commission? Mike Caven, 6874 Fairview Avenue, Boise, was sworn by the City Attorney. Caven: Mr. Chairman and Commissioners I just wanted to reiterate some things real quick. I am the leasing agent for Mr. Zamzow on the piece of property. This has been quite a process that we have been through in selecting a tenant for this building. We have seen a lot of different people interested in it. We feel we have selected the best tenant not just in dollars (inaudible) but in the type of business that they are doing the cleanliness of the business as far as contamination looks and so forth. So we have spent some time researching who and what is going into the building. As far as the rest of the property we intend to do the same thing as we come in with new tenants for the rest of the property. We will be going through a building permit process and we will need to show landscaping at that time. If it is a conditional use we will be back in front of you to do that. Again Mr. Zamzow does have quite a bit of investment in the City of Meridian not just this site. He wants to keep it that way. Johnson: Any questions for Mr. Caven? (End of Tape) Johnson: Any comments from staff on the application? I will close the public hearing at this time. Shearer: Mr. Chairman, I move we have the attorney prepare findings of fact and conclusions of law. MacCoy: Second Johnson: It is moved and seconded we have the City Attorney prepare findings of fact and conclusions of law on the application for a conditional use permit by Advantage Auto Sales Inc., all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: TABLED APRIL 9, 1996: PUBLIC HEARING: REQUEST FORA VACATION OF A PORTION OF GEM STREET RIGHT OF WAY BY WILD SHAMROCK • • Meridian Planning & Zoning Commission May 14, 1996 Page 56 PARTNERSHIP: Johnson: This item was held to the end of the meeting to accommodate the applicant. I will now open the public hearing, if the applicant would like to address the Commission at this time or his representative. Mike Coven, 6874 Fairview Avenue, Boise, was sworn by the City Attorney. Caven: Mr. Chairman; Commissioners, I represent Wild Shamrock on the vacation of Gem Street here in Meridian. From our last meeting it was tabled to get some input from Ada County Highway District. We talked with them, I faxed over a letter to AAr. Johnson today, I didn't know if the rest of you guys had a chance to see that. I am trying to find it here. I appreciate you tabling item 5 to the end so I could get here for this. Here is a copy if it, anyway we have talked to ACHD about this Gem Avenue. Our first approach to them was to vacate the whole Gem Street, they didn't want to go for that. Our second approach was then let's purchase Gem Street right of way, they didn't want to do that either. They want Gem Street to be improved and constructed. In our conditional use for our site back in April 14, 1995 in the findings of fact, I will read paragraph 19, it says the Ada County Highway District submitted site specific requirements and they are incorporate herein as if set forth in full which include providing a deposit to the public rights of way trust fund of the district for required street improvements. I will skip down to where it talks about the construction of Gem. Constructing curb, gutter, five foot sidewalk and matching existing pavement along Gem Avenue. And so they made the comments a year ago this April in regards to our project and what they wanted to see along Gem Avenue. They do want us to improve it, like I say we went through the State trying to acquire it and they no they need it for their traffic patterns for this area. In the conclusions put together by your attorney then item 7 says the applicant shall meet the requirements of Nampa Meridian Irrigation District and the Ada County Highway District which were the requirements that I just read to you. We are kind of caught in a catch 22, we need to go to Ada County Highway District with an application for a vacation of Gem. A requirement of the application is to get approval from the City of Meridian for the vacation. That is why we are here to try and do. I think the vacation of Gem Avenue or of the portion that we are asking do vacate is where the Eight Mile Lateral now runs. It would be no part of the actual street. It is all lateral. I don't know how ACHD ended up owning it but whoever sold it to them sold them 92 feet which is way more than what they needed but it included the lateral. And so they do own it. So in our opinion by vacating the portion that we are asking we would the the lateral, landscape along it. The other option is not tiling it and leaving it like it is which I don't really think compliments the entrance to the City of Meridian. So, ACHD has said what they wanted in the conditional use a year ago. Mr. Quinteri was here, he has a license agreement for parking in the right of way. In that license agreement it states that when the road is improved ACHD will give him a 30 days notice to vacate the license. The license • Meridian Planning & Zoning Commission May 14, 1996 Page 57 he has doesn't even abut to his property, it is in the middle of Gem Avenue. I wish we could help him out, I don't know what we could do to help that situation. That is where we are at and I would ask that you approve the vacation. If there are any questions? Shearer: Do you have some specific dimensions on which part is being vacated etc? Caven: Brian Iverson is the engineer on the project and he is here. He can give you some actual dimensions and so forth of the road right of way. Johnson: I think most of those are on page 48 of our minutes if you brought those with you. (Discussion Inaudible) Johnson: Mr. Iverson gave us some history on the right of way last time and we have that unless there is something different. Caven: Yes, it looks like the vacation would be for 36 feet. Johnson: The southerly 36 feet of Gem Street. Caven: Yes Johnson: There is 91 feet of right of way altogether. Caven: Yes, 92 feet. So like I say that 36 feet none of it is in any of the proposed improvements for the street, it is all lateral. I am sure that Nampa Meridian Irrigation wouldn't mind having that also tiled, no more maintenance for them. (Inaudible) Crookston: You are going to the from E. 1st Street to Meridian Road? Caven: Yes, what we'd like to do is the it and then have an access about the center of our property onto Gem Street. I don't know if you can see from where you are. Here is E. 1st here is Meridian and Gem Street. We have an access coming in about the middle of the property, center between E. 1st and Meridian. Then we would the it and put up landscaping. Johnson: I think the cold hard facts are that parking has been provided there has been gratuitous and that Mr. Quinteri was aware of the fact of if this were developed he would • Meridian Planning & Zoning Commission May 14, 1996 Page 58 lose that. I think that is part of the fact in order to complete your project the way you want . certainly it would approve in my opinion the looks of that. I agree with ACRD that they need that for all of the development that we out there, 27 restaurants and a football field, not quite that bad. But it does tie in and I understand there is a bank site there as well. So I, you are more or less telling us that it is the chicken or the egg and in this case I guess we need to be either one of those two things at the City of Meridian. That would be my recommendation to these people. Oslund: Mr. Chairman, I would like to make a motion that we recommend to the Council that the vacation be approved and that the lateral be tiled. Shearer: Second Johnson: We have a motion and a second that the vacation as applied for be approved with the tiling of the lateral Eight Mile Lateral, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: I should have asked for discussion, did you have a question? Caven: I just wanted to ask if, I don't want to have to come back. If you would feel that access point at the center on Gem Street if that would also be acceptable, I don't know if that would become a question somewhere in the future then we have to come back through this process again. Do we need to address that now or not. Shearer: We let ACRD decide those things most of the time. Johnson: When we are making a motion in your favor you don't want to interrupt us. Crookston: The motion was that to have the tiling and the landscaping? Shearer: Yes Johnson: I don't think landscaping was mentioned in the motion. Shearer: I .move we adjourn. MacCoy: Second Johnson: We have a motion and a second to adjourn, all those in favor? Opposed? WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Departrnent (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor MEMORANDUM: To: Planning & Zoning Commission, Mayor & Council From: Shari P&Z Administrator COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY Apri15, 1996 Re: Vacation of a Portion of Gem Street Right-of--way by Wild Shamrock Properties Applicant is requesting vacation of the south 36' of the existing 92' Gem Street right-of--way. 1. Plans for piping will need to be approved by Nampa-Meridian Irrigation District. Submit written evidence of approval and copy of executed license agreement to the City Clerk's office prior to commencing work. 2. Provide curb, gutter and 5-foot-wide sidewalk along Gem Avenue. 3. Provi4de approval letter for all work within ACRD right-of--way. 4. Detailed landscaping plan for Gem Street will need to be submitted and approved prior to construction of any buildings on adjacent property. What is the width of Nampa-Meridian Irrigation District easement that will remain, and what restrictions will be placed on landscaping in this area? Approval of this vacation request would apparently be in the best interest of the City. C:\OFFICE\R+PWI[J\R+PDOCS\~EMSTREE. VAC WILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATNA. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: ~ HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA E C GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Departrnent (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor Apri15, 1996 To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to Ciry Engineer (~~~~ Re; GEM STREET RIGHT-OF-WAY (Request for Vacation - by Wild Shanrock Partnership) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 1. The City of Meridian owns and maintains a water main in Gem Street, approximately 15 feet south of the existing centerline. The typical standard location of our water mains in relation to the lip of the new curb and gutter is 4 feet. We would like to maintain this standard if possible, But under no circumstance would we allow our water main to be under the new curb and gutter. C: \OFFICH\ W P W IN\GE~NHRAL\GEM VACCN. P8c2 ::i:LIAM G. BF_RG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASUREYALLEY A Good Place toLive CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHD 83642 Phoa (208) 888-4433 • FARQOS) 887-4813 Public WorksBuilding DeparttnmC (208) 887-2211 Motor Vehicle/Drivers Licer~(208) 888-4443 ROBERT D. CO)~ Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH TAE CITY OF MERIDIAN To insure that your comments and recommenda~ins will be considered by the Meridian Planning SZ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk bY: April 2, 1996 TRANSMITTAL DATE: 3/18/96 HEARING DATE: 4/ 2/96 REQUEST: Vacation of a portion of Gem Street right-of-way BY: Wild Shamrock Partnership LOCATION OF PROPERTY OR PROJECT:___ Ge'n Street between Meridian Road and E. 1st Street JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTI~ HIGHWAY DISTRICT ADA PLANNYftG ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERMAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POVYER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUHITAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATIO LIM 8 FINAL PLAT) CITY FILES v OTHER: YOUR CONCISE REMARKS: MAR 1 9 1996 CITY OF MERIDWII WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 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) 887-7211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P ~ Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: April 2. 1996 TRANSMITTAL DATE: 3/18/96 HEARING DATE: 4/ Z/96 REQUEST: Vacation of a portion of Gem Street right-of-way BY: Wild Shamrock Partnership LOCATION OF PROPERTY OR PROJECT: Gem Street between Meridian Road and E. 1st Street JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT ^SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: ~ " ~ d "" 7 `y YOUR CONCISE REMARKS: Tl,~s i.u~LL, ~UOt ~~`~~ ~ /t'le~t r~~/ ~b /~ r¢ r r t7' i .A-.*~ CI I F ~ ~// f/r, u2- ni'~.,= • (a.! i L C~ f ~ ~ Sfw ~ ~~~~ ~', Q 19~f CIT1i ~I: MERIDIAn° C~ ~c~no JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary Mike Caven States Realty 6874 Fairview Avenue Boise ID 83704 RE: Vacation of a portion of Gem Street Dear Mike: RECEIVED MAY 1 5 X996 CITY OF ~IERIDUN May 12 , 1996 ACHD will review a request of a vacation of a portion of Gem Street when a request if filed with the District's Right-of--Way Division and will include notification of the public, interested agencies, other ACHD divisions. Please contact me at 345-7662, if you have additional questions. Sincerely, oordinator GEM.VAC cc: Will Berg, Meridian City Clerk Chron Project file ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 } ~ OFFICIALS WILLIAM G. BERG, JR., City Cleric JANICE L. LASS, City Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P ~ Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney H • COUNCIL MEMBERS UB OF TREASURE VALLEY A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN CHARLES M. ROUNTREE R GLENN R BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887813 JIM JOHNSON, Chairman Public WorksBuilding Departrnent (208) ~ (? ~ ~ f ~ © TIM HEPPER Motor Vehicle/Drivers License (208) 888 L~ V I~ JIM SHEARER MAR 1 GREG OSLUND MALCOLM MACCOY RoBEirr n. cox>~ 0 1996 Ma or Y NAM PA & M~RiDIAN IRRIGATION DISTRICT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: April 2, 1996 TRANSMITTAL DATE: 3/18/96 HEARING DATE: 4/ Z/96 REQUEST: Vacation of a portion of Gem Street right-of--way BY: Wild Shamrock Partnership LOCATION OF PROPERTY OR PROJECT: Gem Street between Meridian Road and E. 1st Street JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z BOB CORRIE, MAYOR CENTRAL DISTRICT HEALTH ~NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT SEWER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Meridian Irrigation POLICE DEPARTMENT District has no comment on Gem Street right-of-way. CITY ATTORNEY CITY ENGINEER CITY PLANNER center of the Late al However, Nampa & Meridian 8 Mile Lateral courses along Gem Street in this area. 8 Mile Lateral has a 60 foot rigt-of-wav. 30 feet each side of This fight-of-wav must be gro c d AP~Og199~ WILLIAM G. BERG, JR., C1ty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chfef WAYNE G. CROOKSTON, JR., Attorney 3~/9~9'~ ~; ~, • • COUNCIL MEMBERS HUB OF TREASURE IrALLEY A Good Place to hive WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA EE C GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAH®>d3642 P & Z COMMISSION Phone (208) 888-4433 • FAX (~1~~ 887813 JIM JOHNSON, Chairman Public WorksBuilding Departmeet (208) 887-2211 TIM HEPPER Motor Vehicle/Dtiver; License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning S< Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by~z,,~.:=1~~i TRANSMITTAL DATE: 3/18/96 HEARING DATE: / ~ ¢/y 9.~ REQUEST:_11a~a#ion of a_xto~#iQn cif Gem Street right-of-wav BY: Wild Shamrock Partnership LOCATION OF PROPERTY OR PROJECT: Gem Street between Aeridian Read and E. 1st Street JIM JOHNSON, P/Z _~MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCH~JOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION RE~~~ vE [~ CENTRAL DISTRICT HEALTH AFR 0 NAMPA MERIDIAN IRRIGATION DISTRICT 3 199 SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) CITY OF MERIDIAN U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: oIC W.ffi4~ ~C}C°~D .u' ~li~/L.yG~ -Z i6S4t~ .elo C~.t3.f~is! 02 G'OiW.~1-4L°~T's' 7a ?'~ fS' T~*~-~tl~£8'~: ¢i_' ~ ~~ '~~i/9lo 05!14/1996 10:30 2083220149 ST TX ROYAL FORK REST INC ~EGE~vEC1 MAY 1 4 199E CITY a~ vIERIDIAN Oes~.~- uhe~ ~'~~ ~~~ ~ ~ y ~; S: r~ y ~~ ~ ~ ~ PAGE 02 6874 Fairview Ave. Boise, Idaho 83704 (208) 322-5800 -~ Z /?~:e~e~~ 0.. S ~ ~ ~~ MAY 14 '96 11 34 2083220149 PAGE.02 • • MERIDIAN BOWLING LAN~~, INC. 324 So. Meridian St. • Meridian, Idaho 83642 • Phone 888-2048 April 16,1985 ~C~ Mr. Ray Putman Ada County Highway Diatr. 318 East 37th St. Boise,Idaho 83714 Dear Mr. Putman: We would like to receive permission to improve at our cost the South 24ft of the North 59ft of Gem St. adjacent to our Bowling banes to provide for additional off street diagonal parking for our patrons. We would proved pumper guards as a protection against possible encroachment beyond that distance. Please advise us what may be required to receive this permission. Sincerely: MAR 2 ~ 1g96 CITY OF MERIDIAN ejq~kq E.J.~uintieri President • MERIDIAN MINI-CENTER • Ei~IED REC . LICENSE AGREEMENT APR - 3 1996 Q~ ~[ERI~~N ` n THIS AGREEMENT, made and entered i nto this . .>"~, day of ~,wC , ~ ~ 19~5~, by and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Commissioners, Charles _L. Winder, Glenn J. Rhodes, and Keith A. Loveless , hereinafter collectively referred to as "LICENSOR", and E. J. Quintieri, President Meridian Bowling Lanes, Inc. whose address is 324 South Meridian Street, Meridian, Idaho 83642 (888-2048) hereinafter referred to as "LICE~JSEE". WITNESSETH: For and in consideration of the terms and conditions hereinafter contained, and the covenants to be kept, it is hereby agreed as follows: 1. NATURE f1F LICENSE; P~~rsusn`. t, the ter•ros ;,rid .:i,ndii.iu~is of the agreement herein contained, Licensor hereby grants to Licensee, a license to encroach upon a portion of the public right-of-way located in Ada County, for the following specific uses (specify): To use and maintain a portion of Gem Street for parking adjacent to Eight Mile Lateral. Licensee to install bumper guards for each parking space. Licensee to provide and install 2-foot berm between parking area and the Eight Mile Lateral for safety precautions. Licensee to obtain necessary permits from Ada County Highway District and other public/government agencies prior to any construction in the' public right of way. Licensee understands and agrees that should this area become necessary as a part of the public ri ht of way for traffic and pedestrian use, this ay reement will be extinguished and terminated and Licensee will have thirty (30) days in which to remove his encroachments on notice of termination. Licensee responsible for location of all utilities prior to construction. Parking area shall be constructed in ~ _ such a manner as to provide for existing drainage. 2. GRANT OF LICENSE: The property to be included in this License Agreement is a parcel of real pronerty within the public right-of-way in Ada County, State of Idaho, more particularly described as follows: A strip of public right of way, more commonly known as a portion of Gem Street, located in the Northwest of the Northwest o of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: The South 24.00 feet of the North 59.00 feet of the Westerly 320.00 feet of Gem Street lying parallel and adjacent to the Eight Mile Lateral, said strip of land lying between Meridian Street and East 1st Street (State Highway No. 69), Meridian, Idaho. said parcel containing 7,680 square feet, more or less. See Exhibit "A" for location, herewith attached and made a part of this agreement. 3. TERM OF LICENSE: The term of this license shall run fora period of time commencing on the :~ day of ~~,,.;~' 19~'~ ,and shall terminate upon the ADA COUNTY HIGHbIAY DISTRICT, or its successors, notifying the said Licensee, or its successors or assigns, in writing, that said License has been terminated by Licensor. Licensor agrees to give Licensee, or its successors, thirty (30) days written notice of said termination. • LICENSE AGREEMENT - Page 2 4. OWNERSHIP: Licensee acknowledges that said property described in paragraph 2, "Grant of License" hereinable set out is public right-of-way, and Licensee waives any claim to ownership of said right-of-way whether in fee, or adverse possession, or any other right, title, or interest therein, other than set out pursuant to the terms of this License Agreement. 5. TAXES AND ASSESSMENTS: Licensee herein agrees to pay all special assessments and personal property taxes that may be imposed against said property during the term of this License Agreement. 6. FIXTURES AND IMPROVEMENTS: Pursuant to the terms of this License Agreement, Licensee may erect improvements and place fixtures upon said right-of-way as set out in paragraph 1, "Nature of License". It is agreed and understood by and between the parties hereto, that after the termination of this License Agreement, Licensee shall remove all improvements and/or fixtures placed in said right-of-way by Licensee herein at no cost or expense•to Licensor. It is further agreed and understood by and between the parties hereto that should Licensee fail to remove any improvements or fixtures on said right-of- way at the termination of the license herein, and the Licensor desires to have said improvements or fixtures removed, the Licensor may remove said improvements or fixtures and assess Licensee for the costs of removal of the same. Licensee herein agrees at the termination of said License Agreement, to return said premises as nearly as practicable to the condition that said premises were at the time Licensee executed said License Agreement. It is further agreed and understood by and between the parties hereto that should Licensee not remove said improvements or fixtures located in the public right-of-way at the termination of this Agreement, Licensee disclaims any interest or title to said improvements or fixtures left on said property after the expiration of the term of said License Agreement, and all improvements or fixtures left on said property after the termination of said License Agreement shall pass to the Licensor at no cost to Licensor. • 7. ASSIGNMENT: It is expressly agreed and understood by and between the parties hereto, that Licensee shall not have the right to assign, transfer, hypothecate or sell its rights under this Agreement except on the prior express written consent of Licensor. S. HOLD HARMLESS AND INDEMNIFICATION: Licensee will, at all times, indemnify and hold harmless Licensor, its agents, successors end assigns, against all actions, claims, demands, liabilities, damages, debts, bodily injury and property damage, including all expenses, costs, and attorney's fees which may in any manner be imposed on or incurred by Licensor as a consequence of, or arising out of, the acts, direct or indirect, defaults or omissions, on the part of Licensee, or any of its officers, agents or servants, arising out of or in connection with the above described property or any fixtures or improvements placed upon said property by Licensee hereunder, which is the subject of this License Agreement. 9. ATTORNEY'S FEES: It is agreed, by and between the parties hereto, that in the event suit is instituted for the purpose of enforcing any and all of the provisions of this Agreement, the defaulting party shall pay attorney's fees therein as are adjudged reasonable by the Court. • LICEidSE AGREEMEidT - Page 3 10. HEIRS AND ASSIG~dS: Covenants and conditions of this License Agreement shall extend to and bind the heirs, executors, assigns and successors of the respective parties hereto. IN WIT~lESS IJHEREOF, the parties hereto have executed this License Agreement on the day and year first above written. ATTEST: ti 1 r~ /q ..~ BSI: G~ 1~C,//'+°L h us X11 C~_~/ D i c o , O A Cou ~Hig Z y District S .. ~. ~_fCT1../ ADA COUtdTY HIGHWAY DISTRICT By: By: By: aryiQS L. winaer,~res~pe Glenn J. Rho~fes, 17icQ" President Kefth A. Loveless, Secretary Approved by the Commissioners of the Ada County Highway District in the minutes of the public meeting of said Commissioners held on the day of 19 STATE OF IDAHO ) ss. County of Ada ) MERIDIAN BOWLING LANES, INC. E.-J. Quintieri LICENSEE President LICENSEE On this ~2~ day of 19 ~S , before me, a PJotary Publ i c in and for said State, personally geared Charles L. Winder Glenn J. Rhodes and Keith A. Loveless , known to me to be the omm ss oners of tha da County Highway Distr ct, and that they as such Commissloners, being authorized to do so, executed the foregoing instrument for the purposes therein set forth, by signing the ~a~ep4 the Ada County Highway District by •them as such Commissioners. p~..••• ~_•~1~ITNESS WHEREOF, I have hereunto t my hand and official seal . ~`~~~) ••' `4 r ,~~. P~BV ~~ of Pub is for State of Idaho '•• ~~•', Re ~ ing at Boise, Idaho •~ • 3'1.1 rE OF ~~Q,,,• Comm. Expires ~''-3 "-,~ .i „ ~,~~ STATE OF IDAHO ) ss. County of Ada ) On this ..?y~day of ~j~,.~ 19 ~S, before me, a Notary Public in and for said State, personally appeared E. J. uintieri President Meridian Bowling Lanes, Inc. known to me to be the person whose name ~( is/~YiPX subscribed to the within instrument, and acknowledged to me that he executed the same. "`'"'~N WITNESS WHEREOF, I have hereunto set my hand and affixed my official se~~`dne5~•d',4C~.unty, the day and year in.this L' se Agreement first above written. e. 1,V,y~. ~ ., Notary bl i c for State of Idaho ••'• ~~~ Residing at Boise, Idaho o STATE ~; ~' Comm. Expires 9-5-85 ~.,,. ,.V~ • ..,.._ ~:'7 +~ • _ /. -~ ~ `.., ~ L • • MERIDIAN PLANNING & ZONING COMMISSION MEETING: MAY 14.1996 APPLICANT: WILD SHAMROCK PARTNERSHIP AGENDA ITEM NUMBER: 5 REQUEST; PUBLIC HEARING REQUEST FOR A VACATION OF A PORTION OF GEM STREET RIGHT OF WAY A 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 OTHER: III Materials presented at public meetings shall become property of the City of Meridian. 05/14!1996 10:30 05113!98 1J:25 (110 V 208322014A9 ~ZO~ JAMES E. BRUCE. President SHERRY R. NUBER, Vlee President SUSAN 5. EASTLAKE. SecretoN Mike Cavcn States Realty 6874 Fairview Avenue Boise ID 83704 RE: Vacation of a portion of Gem Street ROYAL FORK REST INC PAGE 03 1V{1V ~ECEIV~Q MAY 1 4 199 DIT~ '`hF iVIERIDIAt~ May 12 , 1996 Dear Mikc: ACRD will review a request of a vacation of a portion of Gem Street yvhen a request if filed with the District's Right-of--Way Division and will include notification of the public, interested agencies, other ACI•ID divisions. Please coatact me at 345-7662, if you have additional questions. Sincerely, Kar n Gal agher Developm t S es Coordinator cani.v~C cc; Will Berg, Meridian Ciry Clerk Chron project file MAY 14 '96 11 34 adq county highway district 318 East 37th • Boise, Idaho 83714-6x99 • Phone (208) 345-7680 2083220149 PAGE.03 • • Meridian Planning & Zoning Commission Apri( 9, 1996 Page 45 before you step into this. Oslund: Well that addition doesn't need to be done, it could be, just come back go to the building department and say we have a single family residence or a duplex and we want to add on a family room and I don't believe that you will ever have to come see us. As long as you meet their requirements. Crookston: On your question about if you do go with a conditional use permit or an accessory use permit either one and then you operate your business and in two years or 20 years later you want to go back to the home that is not a problem. Johnson: Anyway, the way this process. works is if we go to the findings of fact and conclusions of law then those aren't addressed until our May meeting on the 14th, following that it goes to the City Council so it is not a real quick process. That is as quick as it can be under the (inaudible) with what we have to do with noticing the people etc. Anyone else have anything else? Anyone from the public have a final comment? If not 1 will close the public hearing then. It does require findings of fact and conclusions of law. Oslund: Mr. Chairman, 1 move that the City Attorney prepare findings of fact and conclusions of law for this application and incorporate the testimony given and the concerns of the commissioners. MacCoy: Second Johnson: Moved and seconded you have the City Attorney prepare hndings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: That is it for tonight, if you do have any question feel free to contact the City either the public works department but that is probably not your best bet, go first to the City Clerk if you have any questions he can direct you to the people to give you answers in the interim here. ITEM #13: PUBLIC HEARING: REQUEST FOR A VACATION OF A PORTION OF GEM STREET RIGHT-OF-WAY BY WILD SHAMROCK PARTNERSHIP: Johnson: At this time I will open the public hearing and ask the representative or the applicant to come forward and address the Commission. I need to remind you that any materials presented to the Commission become property of the City. • Meridian Planning & Zoning Commission April 9, 1996 Page 46 Mike Caven, 6874 Fairview Avenue, Boise, was sworn by the City Attomey. Caven: Mr. Chairman and Commissioners my name is Mike Caven I represent the Wild Shamrock on this application for vacation of Gem Street. I would like to kind of bring you up to speed here a year ago this month on this project we had approved is what I have here before you. The Blimpie's/Godfather site has been constructed and they are in business and operation right now. We will be submitting the final plans for building D here within 30 days and begin construction on that. What we have before you right now, we are working with building A on this plan here shows that it is a sit down restaurant, under the conditional use a year ago, that is approved for a drive thru and that is what we are attempting to do is with our client right now to put that back into a drive thru. We have another plan that will show that as a drive thru. What we are referring to tonight is for this building, for the future drive thru, we feel it is critical for an access onto Gem Avenue. And so we are looking for a vacation of Gem Avenue, we want to cover up that Eight Mile lateral and put the access in on Gem Avenue. (Inaudible) Caven: Reviewing the comments from Shari we don't have a problem with items 1 through 4, if we can add a fifth item to that. The fifth item would be the plans for vehicle access on Gem Street will need to be approved by Ada County Highway District, submit written evidence of approval to the City Clerk's ofFce prior to the commencing of work. Above and item 1 were subject to working out of piping the Eight Mile lateral getting an executed license agreement and submitting that as evidence to the City Clerk's office. In item #3 we are to provide an approval letter from ACRD for all the work to be done in the right of way. In item 4 we are to submitted a detailed landscaping plan for Gem Street prior to any building. So item 5 as I suggested would just continue that we would get an agreement with Ada County Highway District for this access to Gem Avenue prior to construction. With that if there are any questions? Johnson: Thank you Mike, any questions of Mr. Caven? This is a public hearing, is there someone else that would like to address the Commission at this time? Jean Quinteri, 2710 Laurelhurst Drive, Boise,~vas sworn by the City Attorney. Quinteri: We have no objection to the tiling of the lateral adjoining Gem Street. The only thing that we are concerned with that in April 1985 the Ada County Highway District granted us permission to improve the South 24 feet of the north 59 feet of Gem Avenue for additional parking, that we have done. We would like to be able to continue to use that for a portion of Gem Street for off street parking for our patrons. Following some of the plans that have been submitted and the details that I have here one concern that I have • Meridian Planning & Zoning Commission April 9, 1996 Page 47 is how far into that south 24 feet will that improvement come. How much of that 24-feet will be used in approving the lateral? We would like to be able to maintain that, I know that the agreement from the Ada County Highway District has a stipulation they can rescind that approval, but we sure need it and we would like to keep it. Are there any questions, I would be glad to try and answer them for you. Johnson: Okay Jean 1 am not too sure we can answer your question and I can understand the importance of that to you. I would like to ask staff at this time if they have looked into that specific issue and perhaps can shed some light on the situation regarding Meridian bowling lanes. It doesn't matter which one of you goes first. Smith: Mr. Chairman, I have looked into that license agreement that they have. Johnson: That license agreement is that the agreement that he is referring to of 1985 with ACRD? Smith: I believe so. Johnson: Do you happen to have copies of that? Quinteri: I delivered some to the City. Johnson: The City has that. Quinteri: I delivered copies and they made copies of mine. Johnson: I don't think we have those in our packet. Let me see, we do have that in here. It is smaller type, it has been reduced. Quinteri: (Inaudible) Johnson: It looks like it runs for an indeterminate period of time until such time as you are notified by ACRD it no longer exists right? Is that your understanding? Quinteri: That is correct, there is a rescind on section 1 the last seven lines you can see where the license can be terminated with a 30 days notice which we haven't received. Johnson: Have you had any discussions Jean yourself with any representatives from ACRD on this? Quinteri: (Inaudible) Meridian Planning & Zoning Commission April 9, 1996 Page 48 Johnson: I guess the real question is one we probably can't answer at this point and that . is how far that comes into the 24 feet is that correct. Caven: The reason that we would be happy not to improve the street, curb, gutter and sidewalk, it is a recommendation by ACHD that we do that. Brian here can address the technicalities of a 24 feet. How it got to what it is and why it is there. If you can see if we can get rid of the curb, gutter and sidewalk then we can preserve his 24 feet and move on and that would be fine. Johnson: Well I would appreciate Brian's comments. Brian Iverson, 826 LaCassia Drive, Boise, was sworn by the City Attorney. Iverson: Just a little history, Gem Street has 91 feet of right of way, it was sold to the County Highway District I believe it was about in the late 1940's. Sold them 91 feet of right of way so they could get rid of the Eight Mile Lateral I guess with it. So at this time the Eight Mile Lateral is located on Ada County Highway District right of way and the Wild Shamrock parcel actually abuts Gem Street right of way south of the lateral. (Inaudible) recommendations of ACHD was to curb, gutter and sidewalk Gem Street as part of the development. That creates drainage problems plus we have no access so one of the things that arose out of that was to go in and the the Eight Mile lateral and get access to Gem Street and provide the improvements. To do that we proposed to vacate the southerly 36 feet of Gem Street. Mr. Quinteri does have a license agreement from 1985 for the north, the south 24 feet of the north 59 feet of the existing right of way. The impact on him would be that the new right of way would encroach 3 feet into his 24 feet from the south. Under the provisions to provide curb gutter and sidewalk, the curb, gutter and sidewalk and distance from the right of way to the back of the sidewalk will require an additional 9 feet. So the total encroachment into his 24 feet is 12 feet leaving him a remainder of 12 feet which is really a moot question because now we are looking at a paved street out there and it would be my belief that the Highway District would rescind the agreement because now you have an improved street with curb, gutter and sidewalk out there. Johnson: So the parking would disappear is what you are saying? Iverson: That would be what 1 believe. Oslund: On both sides of the street? Iverson: Yes Ostund: So the typical section for this piece, then this is an arterial, five lane? Meridian Planning & Zoning Commission April 9, 1996 Page 49 Iverson: I believe it is designated a local road, our firm also did the Meridian -Road design improvement. Because of the connector and everything else the existing curb returns at E. 1st Street are 41 back to back for a street line with turn section. ACHD had approved that and with my belief that because of the connection between Meridian Road and East 1st. Oslund: So it is a 3 lane. So he is really going to lose a ton of parking, not just on the south side of Gem Avenue but everything on the north side he is going to lose. (Inaudible) Oslund: Okay, so your improvements are. only half street improvements from the center line to the south. Iverson: Right, well it requires just a pavement match and it is not even a full section. Quinteri: Can I ask a question, is it necessary to put that wide of a sidewalk in Gem Street? Iverson: We, normally with that street section you have a 7 foot sidewalk in this case we have 5 foot sidewalks. The other reason that the street is so far north and you will notice that with the existing curb returns on East 1st that they are in the northerly portion of the existing right of way. One reason of course is that the Eight Mile Lateral takes up the southern portion of that right of way. The other is that the bridge is both on East 1st and on Meridian Road by the time you put the radius in and you can see it on the existing curb returns on East 1st and the road way would match those because of the bridge being there by the time you get the radius, the curb return radius in the Gem Avenue moves north. Oslund: Does this require findings? Crookston: Yes Oslund: (Inaudible) Crookston: Well I think that it does but I am not sure. Johnson: I didn't think that it did (inaudible) it is a recommendation as I recall. Crookston: I will look into and if findings are required then I will do them and if not I won't. Johnson: I think we need to move if we are going, and if we are through with the testimony Meridian Planning & Zoning Commission April 9, 1996 Page 50 we don't know that yet (inaudible). Is there any other testimony? Smith: Mr. Chairman can I ask a question? Brian do you know where the building is in relation to the right of way line, Meridian Bowling lanes? Iverson: I do but whether or not I have got it with me I don't know. I don't have it on the drawing Gary. Quinteri: Our building is 22 feet north of the Gem Street right of way that we have (inaudible) Iverson: So then 22 feet of the right of way and when you put the curb, gutter and sidewalk on your side you would have basically 22 feet. Smith: Is it possible then that his parking along his building would be protected even as Gem Street is developed do you think or not? Iverson: It would be my observation that as Gem Street is developed on the north side, as curb and gutter is developed up there then you would be restricted to that 22 feet which I believe would probably reduce it down from what he is seeing now because of the open nature of it. (Inaudible) parking stalls so about 20 feet so if he was pulled in towards the building (inaudible) Oslund: What was the distance from the face of curb back to property line? Iverson: Two feet, from the face of curb to the property line it would be 7.5 feet. Oslund: It doesn't look good for parking as Gem develops. Smith: I think the highway district would have to make some special ruling on that. I guess that this their jurisdiction. Quinteri: (Inaudible) South 24 feet (inaudible) along that side and leave (inaudible). Johnson: We are not in receipt of ACHD comments is that correct? Smith: Mr. Chairman, may I ask another question? Mr. Quinteri how many parking spaces do you have available at this time for your bowling lanes, do you know? Quinteri: 190 some. Meridian Planning & Zoning Commission Apri19, 1996 Page 51 Smith: How many spaces do you have adjacent to Gem Street do you think at this time? Quinteri: Well we can use as many as 22, 24 places. Smith: On the South side? Quinteri: Yes (inaudible) you are going to have a passage way (inaudible) Crookston: Well they have got to eat somewhere, you just won't have as much food business Jean. Quinteri: We are getting, it is amazing we get more restaurants out that direction and (inaudible) going up, so bring more restaurants in. Johnson: I am not sure that we are getting all of these comments on the recording here that Anna has to deal with. At this point it looks like we are kind of at an impasse, we need to have some kind of recommendation. If it does require findings of fact and conclusions of law and Anna thinks it does and she does all the typing on all these (inaudible) so she probably knows so I think we need to do that. I am sure that the Commissioners are interested in ACRD comments. Iverson: I guess as a point, we haven't filed a formal application with ACHD and I don't know is it a part of the City process when you get a request for a vacation is it forwarded to ACRD Gary? Smith: They have their own process but Shari said this was forwarded to them. Iverson: Part of their process is that we have to have City approval (inaudible) before we proceed with their process. Johnson: We just need some action on it whatever you want to do. You have some options you can table it, you can proceed on the condition of (inaudible) deny it, ask for findings of fact. Oslund: I think it is a tough decision but I don't know what kind out of our jurisdiction. Johnson: 1 think that is true but what might occur is some options, I don't know that they might be that ACRD might come up with. I know ACHD is the one that wants the street 3 lanes wide. But 1 would still look for their comments on their review of this. MacCoy: (Inaudible) • • Meridian Planning & Zoning Commission April 9, 1996 Page 52 Johnson: You guys can do whatever you want to do, I don't want to tell you what to do. MacCoy: I propose that we table this until we receive the ACRD comments and (inaudible) next meeting. Johnson: You have to table it to a date certain which would be May 14. MacCoy: May 14 Iverson: Well if you have submitted it to ACHD and they haven't responded what is the mechanism to get comments from them? Johnson: (Inaudible) process the way I understand it, is that correct? Smith: Well I am not sure how the highway districts reacts on vacation. If what Brian is saying, it sounds like they are waiting for a response from the City of Meridian before they issue any action. I don't know I haven't followed one through before on a vacation of right of way. I am sorry I can't tell you. Johnson: We did one on Roger Anderson that we handled on March 12, do you recall that specifically? Smith: We vacated an easement for Anderson yes, that was a City easement, this is a public right of way. I am sorry 1 don't know what their process is. I know they have public hearings and advertisements just like we do but 1 don't know if they are requiring some kind of input from the City of Meridian prior to their holding of that public hearing. Iverson: As part of the application process you need to submit approval by the City for the vacation. ACRD of course owns the right of way and now they charge you for it. The developer has even had to have an appraisal done of the Eight Mile Lateral part of it so that ACHD can. determine Market Value at which you would purchase it. Caven: I think what, we thought through these things, I think what when I first started on these conditions 1 through 4, if we can add that number 5 that gives this Commission the opportunity to go ahead and move this thing forward and get a decision that we can take and put on our- application to ACRD but still what their decision is have to come back before your clerk with the written approval of what they will accept. That was my proposal on putting that in the number five plans to be able to access onto Gem Street will need to be approved by the Ada County Highway District, submit written evidence of approval to the City Clerk's office prior to commencing of work. So I think that would allow you to make that decision pass it forward and whatever ACHD decides has still got to go through Meridian Planning & Zoning Commission April 9, 1996 Page 53 the City of Meridian before we start work. Oslund: Well I think we should consider as hard as it is moving this forward and if, have we decided that there are findings. Johnson: We are pretty sure that it is required. This is not something that we handle everyday, but we think we do. Stiles: Chairman and Commissioners, I know that the last vacation that we did was for Roger Anderson and that findings were prepared however in December of 1994 we vacated an entire plat with all the roadways and associated easements, Crookston's comment here, Crookston states,"this does not require findings", Johnson, wit is a recommendation though is it not?" Crookston, `You can make a recommendation to the Council." Shearer moved we recommend the City Council to vacate this plat, second and it went right onto City Council. The motion was, we have a motion to recommend to the City Council approval of the vacation of this subdivision plat and the associated right of way all those in favor, opposed. Crookston: There may be differences between vacating the plat and vacating a right of way. Stiles: t don't believe we did any findings for the Loffer vacation. Crookston: Either way Johnson: I don't think any of those cases had a negative impact on anyone. (Inaudible) Crookston: If they are required I will do them if not I won't. Stiles: Is this State code where it requires that? Crookston: We deal with that and the City's ordinance on this, both. Oslund: I am going to take a shot at a motion here. Johnson: Well Malcolm already has one on the floor. Caven: Could I ask a quick question, if you guys decide the sidewalk doesn't need to go in, the improvements don't need to be (inaudible) says they want them (inaudible) is it this Commission or the City of Meridian or Ada County Highway District. Meridian Planning & Zoning Commission April 9, 1996 Page 54 Crookston: ACHD will make the final determination (inaudible). Caven: That is where if we can get through this and add this number 5 the developer and the bowling alley we can get down to ACHD and work this out with them and bring that decision back to the City of Meridian. Crookston: That could be, the City does have to approve it at some time. Caven: ACRD is not going to hear it until they get recommendation from the City. Johnson: We have a motion on the floor. Oslund: Malcolm could you restate your motion please? MacCoy: My motion was to table this until our next meeting in the month of May, regular meeting in the month of May. We would then look at the ACHD comments on this. There may not be any. Oslund: I would like to second that and ask for discussion. Johnson: You can't have discussion until there is a second or it dies for lack of a second. Oslund: I just said that. Johnson:, Okay, we have a motion and a second, discussion. Oslund: Okay, I guess I would, I don't know that there is a need to table it and I understand that there is an impact to the property owner. It is ACHD's right of way that they are seeking to vacate. ACRD is going to have to make a couple of decisions, they are going to have to decide whether they are going to give him as (inaudible) on street parking that is not currently shown in this I don't know. There are several issues that need to be worked out and, I don't know but I think they are all within the jurisdiction of ACRD. So, as an alternative, I would offer that maybe we just go ahead. Johnson: Well we have to vote on this motion first. (Inaudible) any further discussion? We have a motion to table until our next meeting with hope of feedback from ACHD which we may or may not be getting, all those in favor of that motion? Opposed? MOTION DEFEATED: All Yea Johnson: is there any further discussion or another motion? • Meridian Planning & Zoning Commission April 9, 1996 Page 55 Oslund: I would like to make a motion that we determine if we need the findings of fact and if we do we prepare them and if we don't then this motion would be that we approve the request for vacation of this street right of way. Then we get a chance to review the conclusions of ACHD's review. In other words that would come back to us. Johnson: You have a motion on the floor is there a second? Motion dies for lack of a second. Gary Smith you had a comment that might help us? Smith: Mr. Chairman ~1 was just wondering if the parking requirements for the Meridian Bowling lanes should be taken into ac•,count here just to see what kind of impact this really has on their operation. Johnson: Square footage versus use and that sort of thing. I would guess it would (inaudible) originally approved for that. Smith: I have no idea, but I don't know that there has been any plan set forth as to how this is going to look once the street is improved and whether or not parking spaces can be provided along the south side of the building off of Gem Street. It may be that Meridian Bowling lanes is not only going to lose the parking spaces on the south side of Gem Street but they will lose them on the north side of Gem Street also with the improvement of the road. There is after all 92 feet of right of way provided here, 92 feet, that is probably as wide of right of way that we have in the City of Meridian except for Fairview Avenue. (Inaudible) Smith: I understand that but it is still public right of way. We are going to vacate 36 feet of it because of a ditch which will be piped. If the ditch is going to be piped it could be moved onto the property and piped. Johnson: Do you think there is a possibility that the vacation of this easement is going to put Meridian bowling lanes out of compliance? Smith: 1 am just asking the question Mr. Chairman, I don't know. But right now, I don't know, I am just asking the question. Johnson: I don't think we have enough information here to make a decision here. I think in that regard we need to get some additional information. We are going around in several different directions here. Smith: I understand that, I am just tossing out a question that I think from my standpoint needs to be answered. We have an operation of a long term Meridian business down i • Meridian Planning & Zoning Commission April 9, 1996 Page 56 there that has relied upon parking along Gem Street and all of a sudden it appears to me that parking on both sides of Gem Street is jeopardized by the vacation of 36 feet of the existing right of way. Oslund: Is that parking currently on public right of way? Smith: It is on the south side yes sir. On the north side if there is 22 feet of space between the building and the right of way then that parking area is on the Meridian Bowling Lanes property. But on the south side that is definitely in the right of way. That is why this license agreement exists with the highway district. Oslund: I share your concerns as well and. that is why I said that ACHD is going to have, one of the decisions that they are going to have to make is are they going to allow direct off street parking on the north side. I would say that is unlikely. That is, it is something that is going to have to be dealt with. Quinteri: On the north side of Gem Street there would be no need to provide (inaudible) parking in our own property (inaudible). Oslund: Yes, but that parking would have to direct, it would have access directly from the street, is that correct, backing in and out? Quinteri: It does now. Oslund: And with the new street is that right? If they were to complete curb, would you still have to get into that parking space directly from the street? Quinteri: If you put curbs and gutters on the north side (inaudible) curbs and gutters would have to go on the portions (inaudible) 92 feet of right of way. (Inaudible} Johnson: Comment Mr. Caven? Caven: A year ago when this was approved the Gimate of this site regardless of if we tiled the ditch or not is to do the improvements to Gem Avenue. So the issue here isn't if we should the it or not, that doesn't matter, we are required to put the improvements in by ACHD on a conditional use from a year ago. So we have to do that. The way the ground lays because of the ditch and the bridges to get the radius that ACHD wants that is why the sidewalk is where it is. So that is going to go in regardless if we pipe the lateral or not. The second issue, when you get down to it, we want to work with the neighbor but the bottom line is the public right of way in the agreement with ACHD they gave the bowling alley the right to use it until such time as the revoke the license to use it. I wish I could go • Meridian Planning & Zoning Commission April 9, 1996 Page 56 there that has relied upon parking along Gem Street and all of a sudden it appears to me , that parking on both sides of Gem Street is jeopardized by the vacation of 36 feet of the existing right of way. Oslund: Is that parking currently on public right of way? Smith: It is on the south side yes sir. On the north side if there is 22 feet of space between the building and the right of way then that parking area is on the Meridian Bowling Lanes property. But on the south side that is definitely in the right of way. That is why this license agreement exists with the highway district. Oslund: I share your concerns as well and. that is why I said that ACRD is going to have, one of the decisions that they are going to have to make is are they going to allow direct off street parking on the north side. I would say that is unlikely. That is, it is something that is going to have to be dealt with. Quinteri: On the north side of Gem Street there would be no need to provide (inaudible) parking in our own property (inaudible). Oslund: Yes, but that parking would have to direct, it would have access directly from the street, is that correct, backing in and out? Quinteri: It does now. Oslund: And with the new street is that right? ff they were to complete curb, would you still have to get into that parking space directly from the street? Quinteri: If you put curbs and gutters on the north side (inaudible) curbs and gutters would have to go on the portions (inaudible) 92 feet of right of way. (Inaudible) Johnson: Comment Mr. Caven? Caven: A year ago when this was approved the climate of this site regardless of if we tiled the ditch or not is to do the improvements to Gem Avenue. So the issue here isn't if we should the it or not, that doesn't matter, we are required to put the improvements in by ACHD on a conditional use from a year ago. So we have to do that. The way the ground lays because of the ditch and the bridges to get the radius that ACHD wants that is why the sidewalk is where it is. So that is going to go in regardless if we pipe the lateral or not. The second issue, when you get down to it, we want to work with the neighbor but the bottom line is the public right of way in the agreement with ACRD they gave the bowling alley the right to use it until such time as the revoke the license to use it. I wish I could go • Meridian Planning & Zoning Commission April 9, 1996 Page 57 around town and get parking on public property all over the place. But the bottom line is that ACHD knew this was going to be improved at some time in the future, they weren't using it at the time. (End of Tape) phase one of the Blimpie's and Godfather's they didn't make us do it. When we come in with phase 2 they are going to make us put it in. Oslund: What is the variance that you are referring, you just said that ACHD would grant a variance, what variance are you seeking? Caven: Well if I said variance I didn't mean variance, what, we did phase 1, Godfather's and the Blimpie's they did not make us improve Gem Avenue at the time. When we come in to do our next building they said they will make us do the improvements on Gem Avenue, it is already set. And so what we have done in the mean time, we have a user for building A, which the access onto Gem Avenue would be very beneficial for traffic flows for getting in and out of the site. We determined if we pipe that and make an access to Gem Avenue. Oslund: So the half street improvements that you guys are committed on doing on the south side there does it have on street parking of any kind? Or just bike lanes or what does it have? Caven: Has that been designed? (Inaudible) Caven: We will have to submit some plans to ACRD and go with what the requirements are. So we get the vacation and your comments on it so we can go down and apply to them and say the City of Meridian agrees to this (inaudible) on street parking or restrict the parking or what they are going to do. Oslund: That would replace maybe half of what he has got now, he has 24 spaces that are perpendicular on the south side. If you did parallel parking possibly you can get some back. I just don't see, the stuff that is happening on the north side that is going to happen in the future and that is really not, that is something that is going to have to be dealt with but I don't think it is our, I think it is ACHD's issue. Crookston: How far to the east of Meridian Road is the plan for the access into the Bolo's area and that area? Caven: That is another issue and we will need to get exacts, but as it is drawn right there it is about 210 feet of East First and about the same from Meridian Road. • • Meridian Planning & Zoning Commission April 9, 1996 Page 57 around town and get parking on public property all over the place. But the bottom line is that ACHD knew this was going to be improved at some time in the future, they weren't using it at the time. (End of Tape) phase one of the Blimpie's and Godfather's they didn't make us do it. When we come in with phase 2 they are going to make us put it in. Oslund: What is the variance that you are referring, you just said that ACHD would grant a variance, what variance are you seeking? Caven: Well if I said Variance I didn'fi mean variance, what, we did phase 1, Godfather's and the Blimpie's they did not make us improve Gem Avenue at the time. When we come in to do our next building they said they will make us do the improvements on Gem Avenue, it is already set. And so what we have done in the mean time, we have a user for building A, which the access onto Gem Avenue would be very beneficial for traffic flows for getting in and out of the site. We determined if we pipe that and make an access to Gem Avenue. Oslund: So the half street improvements that you guys are committed on doing on the south side there does it have on street parking of any kind? Or just bike lanes or what does it have? Caven: Has that been designed? (Inaudible) Caven: We will have to submit some plans to ACRD and go with what the requirements are. So we get the vacation and your comments on it so we can go down and apply to them and say the City of Meridian agrees to this (inaudible) on street parking or restrict the parking or what they are going to do. Oslund: That would replace maybe half of what he has got now, he has 24 spaces that are perpendicular on the south side. If you did parallel parking possibly you can get some back. I just don't see, the stuff that is happening on the north side that is going to happen in the future and that is really not, that is something that is going to have to be dealt with but I don't think it is our, I think it is ACHD's issue. Crookston: How far to the east of Meridian Road is the plan for the access into the Bolo's area and that area? Caven: That is another issue and we will need to get exacts, but as it is drawn right there it is about 210 feet of East First and about the same from Meridian Road. i • Meridian Planning & Zoning Commission April 9, 1996 Page 58 Johnson: Okay we need a motion guys or we will be here all night. MacCoy: I recommend that this material be tabled until the next meeting to get the ACHD material in hand and also study or comments by our staff to do with the bowling alley. Johnson: Okay, I am looking for a second here before we have discussion. Oslund: Second Johnson: Okay, I think the problem here in this motion is you made your motion with the ACHD would be providing comments and I don't necessarily think they are going to provide us with anything. I think you can structure a motion to pursue that to clarify whether we are going to get it. I think (Inaudible) requirement that someone from staff contact ACRD. (Inaudible) I don't think we can state with those in hand because I don't think we have anything in hand and therefore we would be stuck again with tabling it again. MacCoy: I rescind my motion. Crookston: The second needs to rescind also. Oslund: I will rescind my second MacCoy: I recommend that we table this material with the fact we will review it again in one month at the regular meeting with staff checking into the ACRD material if any, and the needs for findings of fact and conclusions. Oslund: Second Johnson: Any discussion? All those in favor of the motion? Opposed? MOTION CARRIED: All Yea Oslund: 1 move that we close this meeting. Hepper: Second Johnson: We have a motion for adjournment, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 10:50 P.M. • Meridian Planning & Zoning Commission Apri19, 1996 Page 58 Johnson: Okay we need a motion guys or we will be here all night. MacCoy: I recommend that this material be tabled until the next meeting to get the ACRD material in hand and also study or comments by our staff to do with the bowling alley. Johnson: Okay, I am looking for a second here before we have discussion. Oslund: Second Johnson: Okay, I think the problem here in this motion is you made your motion with the ACHD would be providing comments and I don't necessarily think they are going to provide us with anything. I think you can structure a motion to pursue that to clarify whether we are going to get it. I think (Inaudible)- requirement that someone from staff contact ACHD. (Inaudible) I don't think we can state with those in hand because I don't think we have anything in hand and therefore we would be stuck again with tabling it again. MacCoy: I rescind my motion. Crookston: The second needs to rescind also. Oslund: I will rescind my second MacCoy: I recommend that we table this material with the fact we will review it again in one month at the regular meeting with staff checking into the ACRD material if any, and the needs for findings of fact and conclusions. Oslund: Second Johnson: Any discussion? All those in favor of the motion? Opposed? MOTION CARRIED: All Yea Oslund: I move that we close this meeting. Hepper: Second Johnson: We have a motion for adjournment, alt those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 10:50 P.M. Meridian Planning & Zoning Commission April 9, 1996 Page 59 (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: • ~/~~~g~ I NSON, CHAIRMAN ATTEST: WILLIAM G. BERG, JR., CITY CLERK Meridian Planning & Zoning Commission April 9, 1996 Page 59 (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~] ~/~~~g~ I NSON, CHAIRMAN ATTEST: WILLIAM G. BERG, JR., CITY CLERK ~ ~ MERIDIAN PLANNING & ZONING COMMISSION MEETING: APRIL 9.1996 APPLICANT: WILD SHAMROCK PARTNERSHIP AGENDA ITEM NUMBER: 13 REQUEST: PUBLIC HEARII~G• REQUEST FOR A VACATION OF A PORTION OF GEM STREET RIGHT- OF-WAY AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS 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: All Materials presented at public meetings shall become property of the City of Meridian. DT~~~ 7 ~~~ ~~~~ ~~~w~ 3r~ ~. 3~~~ s~~ ~a:SL Z~ ~7/ `~ ~ ~ s -~- r ~ ~ r~ ~oNr-~ L V',~-,z. I~ ~ia-yt ~ e.~vr~ "b~y~7~y~ ~ ~ _,~ is . G~~ s T ~ ~-7-, P ~ ~ RECEIVED . APR - 3 1996 LICE^!SE AGREEMENT ~Ty OF MERIDUN THIS AGREEMENT, made and entered into this. .~~, day of _ ~,p,~,X , 19~,, by and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Commissioners, Charles L. Winder Glenn J. Rhodes, and Keith A. Loveless , hereinafter collectively referred to as "LICENSOR", and E. J. Quintieri, President Meridian Bowlin4 Lanes, Inc. whose address is 324 South Meridian Street, Meridian, Idaho 83642 (888-2048) hereinafter referred to as "LICENSEE". WITNESSETH: For and in consideration of the terms and conditions hereinafter contained, and the covenants to be kept, it is hereby agreed as follows: 1. NATURE (1F I TCENSE• P~!rsuan'~ t~ the t..e~.rrs sr~a uns of ~~r~d i ~ ~ the agreement herein contained, Licensor hereby grants to Licensee, a license to encroach upon a portion of the public right-of-way located in Ada County, for the following specific uses (specify): To use and maintain a portion of Gem Street for parking adjacent to Eight Mile Lateral. Licensee to install bumper guards for each parking space Licensee to provide and install 2-foot berm between parking area and the Eight Mile Lateral for safety precautions. Licensee to obtain necessary permits from Ada County Highway District and other public/government agencies prior to any construction in the _ public right of way. Licensee understands and agrees that should this area become necessary as a part of the public right of way for traffic and pedestrian use, this agreement will be extinguished and terminated and Licensee will have thirty (30) days in which to remove his encroachments on notice of termination. Licensee responsible for location of all utilities prior to construction. Parking area shall be constructed in such a manner as to provide for existing drainage. 2. GRANT OF LICENSE: The property to be included in this License Agreement is a parcel of real property within the public right-of-way ire Ada County, State of Idaho, more particularly described as follows: A strip of public right of way, more commonly known as a portion of Gem Street, located in the Northwest ; of the Northwest 4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: The South 24.00 feet of the North 59.00 feet of the Westerly 320.00 feet of Gem Street lying parallel and adjacent to the Eight Mile Lateral, said strip of land lying between Meridian Street and East 1st Street (State Highway No. 69), Meridian, Idaho. said parcel containing 7,680 square feet, more or less. See Exhibit "A" for location, herewith attached and made a part of this agreement. LICENSE AGREEMENT - Page 2 4. OWNERSHIP: Licensee acknowledges that said property described in paragraph 2, "Grant of License" hereinable set out is public right-of-way, and Licensee waives any claim to ownership of said right-of-way whether in fee, or adverse possession, or any other right, title, or interest therein, other than set out pursuant to the terms of this License Agreement. 5. TAXES AND ASSESSMENTS: Licensee herein agrees to pay all special assessments and personal property taxes that may be imposed against said property during the term of this License Agreement. 6. FIXTURES AND IMPROVEMENTS: Pursuant to the terms of this License Agreement, Licensee may erect improvements and place fixtures upon said right-of-way as set n~,t in paragraph 1, "Nature of License". It is agreed and understood by and between the parties hereto, that after the termination of this License Agreement, Licensee shall remove all improvements and/or fixtures placed in said right-of-way by Licensee herein at no cost or expense to Licensor. It is further agreed and understood by and between the parties hereto that should Licensee fail to remove any improvements or fixtures on said right-of- way at the termination of the license herein, and the Licensor desires to have said improvements or fixtures removed, the Licensor may remove said improvements or fixtures and assess Licensee for the costs of removal of the same. Licensee herein agrees at the termination of said License Agreement, to return said premises as nearly as practicable to the condition that said premises were at the time Licensee executed said License Agreement. It is further agreed and understood by and between the parties hereto that should Licensee not remove said improvements or fixtures located in the public right-of-way at the termination of this Agreement, Licensee disclaims any interest or title to said improvements or fixtures left on said orooerty after the exoiration of the term of said License Agreement, and all improvements or fixtures left on said property after the termination of said License Agreement shall pass to the Licensor at no cost to Licensor. 7. ASSIGNMENT: It is expressly agreed and understood by and between the parties hereto, that Licensee shall not have the right to assign, transfer, hypothecate or sell its rights under this Agreement except on the prior express written consent of Licensor. 8. HOLD HARMLESS AND INDEMNIFICATION: Licensee will, at all times, indemnify and hold harmless Licensor, its agents, successors and assigns, against all actions, claims, demands, liabilities, damages, debts, bodily injury and property damage, including all expenses, costs, and attorney's fees which may in any manner be imposed on or incurred by Licensor as a consequence of, or arising out of, the acts, direct or indirect, defaults or omissions, on the part of Licensee, or any of +~ ,.tr. --~- ----~- --- - - - • rid "r. ' ~ u ° f 1 3, 1 ~ ~i ~``„ F ~~ t ~.,~5~ 4 ~ . :`t ~ • v ~ ya~ irw '~' .~i"'. 1.w . ~ ~ i ~ 4 ~ ~1 'a ~ a~ i ~ ., ~ ~.y a ~ ~~ ~~ ~}i ~, ~ rr o-r ,~~ r h ;S t i. { ~ ~ ~ ,~~ ~. ~t~ r' O w •.~ K ~ yl ZI .I x.. I ~. -~ -y ~~ •~ ~i h~ q O 1I :~+ ai~lT'~~' s P,nvr• , i ~,~ ~'~~~ ~~,~ 004+ ~ 0 ~ V' 1' ^,~ .,y` (/~ 9 r sr ~' s o~~ ' Tit "F y ~v. ?~„!~R i ..i.,t:::.. . i,.~ ~ ay lr .~ ... : N ':as . . ,~~..:.krtr . , , ~',, a~'~ ~:~ ~~; i'< . ~~ ~.; .. ~ ~ ~;d a r E' ~r iNifs •~io~~' ~1 ~ ~~. ~, ~::, `: :,;; ,~ .:;L ~~\ rl ~ I hh ~' ~~! ' ~'~ .y„~ ~ . ., t iw ~ ~p:i:...,~l~~.~. .: ~/. ^ y fi. -,. k ? `~ ' .. ~, ~?~ ITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 ~uawillCl a Order No. / ff Date ~ ~" t (~' Name ~/`~ f~Gi~ ~OGrL~ 'Gti1.~2cJ`L~ Address 2 ? ~=' l ~- ~,1~ G'/`~/'~; ~LC~c~-c°... 2 / L~~~ ..F- ~' ~~1~ Phone: ~Z 2~ ~52 SOL BY CASH C.QD. CHARGE ON ACCT. MDSE. RETD. PAID DUi V v ~ , ~ ~ i `~ ~~C1 %2 G' ~ ~ ~~ I I I ~~~1\ -a,l 2 e~ ~~- ~DOO I o~~ (,~ - U ~ ~~, 03 -~O I I ' -~'~ ~, o ~ - 00 I I f~ ~v I I S~/. ~ 25 Ali claims and returned goods MUST be accompanied by ml5 blu. I 6 TAX Receive 000985 By TOTAL ~,~~1;25 ~s-ZOZ-2 v ~ PRINTED IN U.S.A. ~ vxixreo wlrn SOYINK_ 6LU 1304 92-372/1231 430 PAY TO THE ORDER OF . BANK [208) 387-3900 1 -BOO-US BANKS U.S. B;!AN-K OF~~fI/DAHOcc / FOPo~~~i^d- GC4'+'L.~ fi' ~: l 2 3 ~C13 7 291: 4 30 780 2 ~L~R~~, MKT - ------- ,--- --------------------- ---- -- M'- 365ii' L304 WILD SHAMROCK PARTNERSHIP PHONE 208-322-7529 12301 W EXPLORER DR SUITE 240 ~ Q 19~~ BOISE, ID 83713 Q ITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 ~.uaiulner s Order No. Date ` ~'- je' / Name ~ ~`L ~ G{ ~'~^ '~OGO'LL~ 6~7~G 2 c1 `L ~ Add ress 2 ~ ~-' l Lf~ ~k~ C/`~/'~'. ~w~ 2 ~ti ,~/ /c37i/c~' ..~ ~' ~~~~ Phone: ~Z Z--~7 Z SOl BY CASH C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT ~~ r ~ '(.'?f-P~J~. .~f I Ecvv~c Lu~-2 ~7,>,~ ~ ~~~1 \ , L7;f 2 e~~ , a c~ ~voo (~ -U~ ~~, 0.3-0 I G~f-Y--ds~~~,,, ; ~~/~ ZS -~'~ l.G~-~O I I ~~ f3~/. ~ 2S All claims and returned goods MUST be accompanied by this bill. i 0 0 0 9 8 5 6 R TAX I ece ve By TOTAL ~,~~~i25 l~J-LUL-L (/ PRINTED IN U.S.A. ~ PR~NTEO WITH SOYINK WILD SHAMROCK PARTNERSHIP PHONE 208-322-7529 12301 W EXPLORER DR SUITE 240 BOISE, ID 83713 PAY TO THE ORDER OF . .. ,. • n ~~,~~,,, 1304 6 ~' ~ Q 92-312/1231 19~V 430 ~ 88`x'/,z~' t L~R ~~ U.S. BANK (208) 367-3900 1 -BOO-US BANKS U.S. BANK OF IDAHO ', ~-C~~ /~~ FO ~ ~~~ ---- , G. ~ I: L 2 3 l 3 7 2 9 ~. 4 3 0 7 8 0 2 3 6 5„--------------- ---- -- -- --~ _--- _--_-__ ~. L304 Interoffice Memo f~``~ ~: May 26, 1998 To: Shari Stiles - P8Z Admin C~ file /Will Berg, Jr. -City Clerk From GARY D. SMITH, PE RE Econo-Cube Subdivision -Final Plat Shari: Here is mylar sheet no.1 and sheet no.2 of this plat. I have checked the mylars against the review comments my department made at final plat submittal and find that the sheets conform to our requirements with the exception that the 25 foot wide landscape easement required parallel to the Fairview property line needs to be added to sheet no.1 along with the land surveyors seal and signature. I have sealed and signed the plat sheet no.2 with the understanding from the land surveyor that this easement will be added and that he will stamp and sign sheet no.1 prior to recording. The following comments result from review of my projed file for this plat: 'I~ A ditch across the Fairview frontage of this property needs to be the or a surety submitted for ( ,bonding. 2. Two (2) streetlights are required, one at the entrance from Wilson Lane and one at the Fairview entrance. Installation is to be done or a surety submitted for the two lights. 3. The landscape berm along Fairview Avenue needs to be constructed from an approved plan or a surety is to be submitted. I cannot find evidence in my file that the Development Agreement has been signed. I assume you have this in your GDS O s. -- p~ ~ ,~ ~ ~~ ~-~ .cif " Ulrtit- cw -~C. olt'f wwr ~ ~ ~. f ,~~ ytetd /v ~e b~nctccc by !'y1V~ 7~v>~~ ~~-- Interoffice Memo ~: May zs, 1998 Ta Shari S67es - PdZ Abrinistrator Cct file /Will Berg, Jr. -City Cleric Frwri GARY D. SMITH, PE RIE Econo-Lube Subdivision -Final Plat Shari: Here is mylar sheet no.1 and sheet not of this plat. I have checked the mylars against the review commerrts my department made at final plat submittal and find that the sheets conform to our requiremerrts with the exception that the 25 foot wide landscape easement required parallel to the Fairview property line needs to be added to sheet no.1 along with the land surveyors seal and signature. I have sealed and signed the plat sheet no.2 with the understanding from the land surveyor that this easement will be added and that he will stamp and sign sheet no.1 prior to recording. The following commerrts result from review of my projed file for this plat: ~lak a~~l • 4bls~ ~,~_~ ~ ~~ ~A ditch across the Fairview frontage of this property needs to be Gle or a surety submitted for bonding. 2. Two (2) streetlights are required, one at the entrance from Wdson Lane and one at the Fairview entrance. Installation is to be done or a surety sutxnitted forthe two lights. 3. The landscape berm along Fairview Avenue needs to be constructed from an approved plan or a surety is to be submitted. I cannot find evidence in my file that the Development Agreement has been signed. I assume you have this in your GDS S. -- pCca.~t r-c~•..c ~ ¢c ~/.tl.L l~~ ~~i- ~fv~" ~r~ •V~' OZrtn, c~..-~(. o~,c~ t~s~wr v~..-~ G~ y'` .t~~ ~t,Gt d ~ ~ bM~~ by ~v T~~ ~ ~~-