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Carl's Jr. CUP 00-042..ertified Mailing Retur—) Project Name 5 File No(s)U Apt, t° Date of Hearing Name Address Reason for Return gJghpj C1hoQd 13 fad Y da—� g �r . to a a L CiOyxl cu - Y C° L4-tkau wood 3955 r1wrej. P?", A September 15, 2000 CUP 00-042 MERIDIAN CITY COUNCIL MEETING September 19, 2000 APPLICANT Greenstar Foods and TFCM ITEM NO. 16 REQUEST Tabled 9/5/00 - Request for a Conditional Use Permit to construct a Carl's Jr. Restaurant with a drive-thru window in an I -L zone - located on Pad P-3 at the Meridian Crossraods Center AGENCY COMMENTS CITY CLERK: See previous item packet CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: j CITY WATER DEPT: ,N CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: SEWER DEPARTMENT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: �� �'� //f°fit' Date: / Phone: Materials presented at public meetings shall become property of the City of MM �r✓ / l� 7` August 31, 2000 CUP 00-042 MERIDIAN CITY COUNCIL MEETING September 5, 2000 APPLICANT Greenstar Foods and TFCM ITEM NO. 32 REQUEST Request for a Conditional Use Permit to construct a Carl's Jr. Restaurant with a drive-thru window currently in an I -L zone - Pad P-3 at the Meridain Crossroads Center AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: SANITARY SERVICE ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS See attached info from P & Z Hearing See attached Recommendations See affached Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. Re: Application Case No. CUP -00-042 FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findm* s and Recommendations of the Planning and Zoning Commission shall be presented to the City Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission; and That you carefully complete (be sure it is leg��'1ble) the Position Statement if You disagree with the Findings and -Recommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you prepare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not possible, please present your. Position Statement to the City Council at the hearing, along with eight (8) copies. The copies will be presented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the City Attorney. If you are a part of a group, it is stronjjv recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Very truly yours, City Attorney's Of ice IY/ WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. JuLIEKLEIN FISCIIPR ATTORNEYS AT LAW N�1MPA OFFICE 104 NINTH AvENuE SOUTH Wm. F. GIGRAY, III BRENT J. JOHNSON 200 EAST CARLTON AVENUE 247 POST OFFICE BOX 53-0247 NAMPA IDAHO D. SAm uEL JOHNSON WILLIAM A. MORROW POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 6-927 6 4405 TEL. 08) 4664405 FAX (�08) 466-0405 WILLIAM F. NlcHoLs CHRISTOPHER S. NYE PHILIP A. PETERSON TEL 208) 288-2499 PLEASE REPLY TO ERIC S. RossMAN FAX (�OS 288-2501 MERIDIAN OFFICE TODD A. RossmAN DAVID M. SwARTLEY TERRENCE R. WHITE FWEIVED August 29, 2000 AUG 3 1 2000 To: Staff CITY OF MERIDIAN Applicant Affected Property Owner(s) Re: Application Case No. CUP -00-042 FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findm* s and Recommendations of the Planning and Zoning Commission shall be presented to the City Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission; and That you carefully complete (be sure it is leg��'1ble) the Position Statement if You disagree with the Findings and -Recommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you prepare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not possible, please present your. Position Statement to the City Council at the hearing, along with eight (8) copies. The copies will be presented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the City Attorney. If you are a part of a group, it is stronjjv recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Very truly yours, City Attorney's Of ice IY/ BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A CARL'S JR RESTAURANT WITH DRIVE THRU GREENSTAR FOODS & TFCM/DAKOTA COMPANY, Applicant Case No. CUP -00-042 RECOMMENDATION TO CITY COUNCIL 1. The property is located at Meridian Crossroads Shopping Center, Meridian, Idaho. 2. The owner of record of the subject property is TFCM Associates, LLC of Beachwood, Ohio. 3. Applicant is Greenstar Foods of Boise c/o Dakota Company of Boise. 4. The subject property is currently zoned Light Industrial I -L. The zoning district of I -L is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 5. The proposed application requests a conditional use permit for a Carl's Jr. restaurant with drive-thru window and related improvements. The I -L zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11 -8 - RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT — CARL'S JR. RESTAURANT & DRIVE THRU — GREENSTAR FOODS S& TFCM/DAKOTA COMPANY 1). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. 8. The Planning and Zoning Commission recognized the comment of Robert L. Strick concerning his request for installation of a traffic light at E. Presidential Drive and Eagle Road as a condition of further development. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested by the applicant, subject to the following: 1.1 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinances 9- 1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 1.3 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance 11-13. 1.4 Paving and striping shall be in accordance with the standards set forth RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT — CARL'S JR. RESTAURANT & DRIVE THRU — GREENSTAR FOODS & TFCM/DAKOTA COMPANY in the City of Meridian Zoning and Development Ordinance 11-13-4 and in accordance with Americans with Disabilities Act (ADA) requirements. 1.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas as per City Ordinance 11-13-4.B.4. All site drainage shall be contained and disposed of on-site. 1.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 1.7 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance 11-14. No temporary signage, flags, banners or flashing signs will be permitted. 1.8 Provide five -foot -wide sidewalks in accordance with City Ordinance 12- 5-2.K. 1.9 All construction shall conform to the requirements of the Americans with Disabilities Act (ADA). 1.10 Ada County Highway District (ACHD) has issued a letter to the City of Meridian stating that the Family Center project now exceeds 450,000 gross square feet. Site specific requirement No. 7 of the ACHD Commission action on the Family Center development requires that once the 450,000 s.f. threshold is reached, improvements to the intersection of Fairview and Eagle Road must be constructed. No building permits should be issued for this project until all ACHD- required improvements are complete, unless otherwise approved by ACHD. 1.11 Sanitary sewer and water service to this site will be provided by extension of existing lines within the Family Center. The Sewer Department require a minimum 1,000 gallon exterior interceptor for this project. 1.12 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT — CARL'S JR. RESTAURANT SL DRIVE THRU — GREENSTAR FOODS Sz TFCM/DAKOTA COMPANY Assessment Agreement with the City of Meridian. 1.13 Underground pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Landscape irrigation shall be via the pressurized irrigation system being installed in the Family Center. 1.14 A detailed landscape plan was submitted with the application and is approved as part of this CUP. Verification of the location of the two additional Turkish Filbert trees shown on sheet L-1 must be submitted with the Certificate of Zoning Compliance application. 1.15 The proposed 12 -foot drive aisles for the drive-thru are subject to Meridian Fire Department approval. 1.16 Coordinate screened trash enclosure location and construction requirements with Sanitary Service Company. Submit a letter of approval from Sanitary Services Corp. (SSC) when applying for a building permit. All trash areas are to be enclosed by a screening fence on at least three (3) sides. 1.17 The proposed pedestrian walkway is less than five feet wide behind the trash enclosure. Applicant shall modify the site plan to provide continuous five-foot wide sidewalks as per Ordinance 12-5-2.K. 1.18 Dimensions of all standard parking stalls shall conform to minimum dimensions as per city ordinance. City ordinance requires 9 X 19 standard stalls and 25 -foot -wide minimum driveways. All handicap - accessible parking spaces must meet minimum dimension and signage requirements per ADA standards. 1.19 Freestanding signs for the project will be limited to the single monument sign shown on the plan. All signage will be subject to design review and requires separate permits. Any temporary or A -frame signs shall be prohibited as a condition of approval, and will be removed upon 3 days notice. Adopt the Recommendations of the Ada County Highway District (ACHD) as follows: RECOMMENDATION TO CITY COUNCIL - 4 CONDITIONAL USE PERMIT — CARL'S JR. RESTAURANT & DRIVE THRU — GREENSTAR FOODS & TFCM/DAKOTA COMPANY 1.20 Comply with requirements of ITD for Eagle Road (State Highway 55) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Lance Johnson at 334-8340. 1.21 Dedicate sufficient additional right-of-way to total 66 -feet from centerline of Fairview Avenue from the intersection with Eagle Road for a 'distance of 650 -feet east of the intersection, then taper to 60 -feet from centerline in 200 -feet, and continue 60 -feet of right-of-way to the east boundary of the development (See 4. below). 1.22 The right-of-way should be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 1.23 Dedicate sufficient right-of-way abutting Eagle Road for the future Eagle Road Interchange. Coordinate the right-of-way requirements with District staff. The right-of-way is generally described as being a minimum of 226 -feet wide (113 -feet east of centerline) from Fairview Avenue south for 600 -feet. The right-of-way needs then taper to 146 - feet wide (73 -feet from centerline to a point 1,400 -feet south of Fairview Avenue. 1.24 Dedicate sufficient right-of-way abutting Fairview Avenue for the future Eagle Road interchange. Coordinate the right-of-way requirements with District staff. The right-of-way is generally described as being a minimum of 176 -feet wide (84 -feet south of centerline) from Eagle Road east for 500 -feet, then tapering to 120 -feet (60 from centerline) at 1,000 feet east of Eagle Road. 1.25 Dedicate 76 -feet of right-of-way (38 -feet from the centerline) for Records Drive from Fairview Avenue to a point 300 -feet south of Fairview Avenue and 60 -feet of right-of-way (30 -feet from centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 1.26 Prior to beginning a phase of the development that exceeds 450,000 RECOMMENDATION TO CITY COUNCIL - 5 CONDITIONAL USE PERMIT — CARL'S JR. RESTAURANT & DRIVE THRU — GREENSTAR FOODS & TFCM/DAKOTA COMPANY gross square feet, construct the needed improvements to create dual left - turn lanes on the two Fairview Avenue approaches of the Eagle/Fairview intersection and right -turn lanes on all legs of the intersection. The developer will be allowed to offset the cost of the two left turn lanes on the Fairview Avenue legs of the intersection from the impact fee to be collected for the development. 1.27 Prior to the construction of any portion of the development south of Presidential Drive, construct the needed improvements to create dual left -turn lanes on the eastern approaches of the Eagle/Pine intersection. 1.28 Construct a five-foot sidewalk on Fairview Avenue abutting each development phase (approximately 2,600 -feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. 1.29 Construct a five-foot sidewalk on Eagle Road abutting each development phase (approximately 2,600 -feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. 1.30 Prior to opening of the development, construct pavement widening on Fairview Avenue to one half of an 89 -foot street section abutting the parcel (approximately 2,600 -feet). 1.31 Prior to opening of the development, construct pavement widening on Fairview Avenue to add one eastbound lane from Eagle Road to a point 500 -feet west where the existing improvements end. 1.32 Construct a five-foot sidewalk on Pine Avenue abutting each development phase (approximately 1,300 -feet) prior to opening of any development south of Presidential Drive. 1.33 Construct the four driveways on Fairview Avenue as proposed. The driveways should be located as proposed on the site plan dated 8/3/98, prepared by Quadrant Consulting, Inc. and on file with the District: approximately 440 -feet, 940 -feet, 1,510 -feet, and 2,480 -feet east of Eagle Road respectively. RECOMMENDATION TO CITY COUNCIL - 6 CONDITIONAL USE PERMIT — CARL'S JR. RESTAURANT & DRIVE THRU — GREENSTAR FOODS &_ TFCM/DAKOTA COMPANY r r-� a. The western driveway on Fairview Avenue (Driveway A) is to be constructed as a right-in/right-out driveway, with driveway width limited to 30 -feet and a minimum storage length of 50 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Extend the existing median island in Fairview Avenue from its easterly terminus to a point 50 -feet east of the eastern edge of driveway A and construct pavement tapers with 15 -foot radii. b. The second driveway on Fairview Avenue (Driveway B) is to be constructed as a full access driveway with a width limited to 40 - feet. The minimum storage length shall be 100 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15 -foot radii. C. The third driveway on Fairview Avenue (Driveway C) is to be constructed as a full access driveway with a driveway width limited to 40 -feet. The minimum storage length shall be 100 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15 -foot radii. d. The fourth driveway on Fairview Avenue (Driveway D) is to be constructed as a full access driveway with a driveway width limited to 40 -feet. The minimum storage length shall be 100 -feet for outbound traffic and 50 -feet for inbound traffic. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15 -foot radii. 1.34 Construct Records Drive as a 65 -foot street section (with curb, gutter and five-foot sidewalk) from Fairview Avenue to a point 300 -feet south of Fairview Avenue. Records Drive should be located approximately 2,100 -feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point 300 -feet south of Fairview. Dedicate sufficient right-of-way for the noted improvements. RECOMMENDATION TO CITY COUNCIL - 7 CONDITIONAL USE PERMIT — CARL'S JR. RESTAURANT SL DRIVE THRU — GREENSTAR FOODS SL TFCM/DAIrOTA COMPANY 1.35 Construct Records Drive as a 41 -foot street section (with curb, gutter and five-foot sidewalk) from a point 300 -feet south of Fairview Avenue to the existing stub street within the Crossroads subdivision. 1.36 Construct a traffic signal at the Fairview/Records intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHD specifications. The signal should be designed to allow the future construction of dual left -turn lanes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. 1.37 Construct a driveway on Eagle Road aligned with Florence Street as a full access driveway. The driveway width should be limited to 40 -feet. The minimum storage length should be 100 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Eagle Road. This driveway may be restricted to right-in/right-out movement in the future. Construct a deceleration lane for the driveway. 1.38 Construct Pine Avenue as a 28 -foot street section from the project's eastern property line to a point approximately 400 -feet east of Eagle Road. Widen the approach to Eagle Road to provide two westbound left turn lanes, one westbound through lane and one westbound right -turn lane. Coordinate the roadway design with District staff. 1.39 Prior to the commencement of construction of the area south of Presidential Drive, construct a traffic signal at the Eagle/Pine intersection. Provide and install Opticom device (an optical communication device for emergency vehicle pre-emption of the signal operation) as part of the signal installation. The District will provide the materials for the signal (with the exception of the Opticom device) as its share of the entire Pine Avenue construction from Eagle Road to the east boundary of the development. Submit the signal design to District staff for approval prior to construction. 1.40 Should the ACHD roadway project to extend Pine Avenue from Eagle Road to Cloverdale Road precede the development expansion south of Presidential Drive, all features related to Pine Avenue are to be RECOMMENDATION TO CITY COUNCIL - 8 CONDITIONAL USE PERMIT — CARL'S JR. RESTAURANT SL DRIVE THRU — GREENSTAR FOODS &_ TFCM/DAI(OTA COMPANY constructed by the applicant prior to the building permit issuance for the development south of Presidential Drive or the cost therefor paid to the District. Specifically, this includes the extra left -turn lanes onto and off of Eagle Road and into the full access driveway from Pine Avenue into the development. 1.41 Reconstruct the western median in Presidential Drive to provide a left turn lane at the entrance to the project site (at the store fronts). Provide a minimum of 100 -feet of storage area for the new turn lane. Coordinate the roadway design with District staff. 1.42 Construct a full access driveway on Presidential Drive as proposed 340 - feet east of Eagle Road. The driveway width should be limited to 30 - feet. The minimum storage length should be 50 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 1.43 Construct a full -access driveway connection to Presidential Drive at the midpoint between Eagle Road and the project roadway in front of the stores. The minimum storage length should be 50 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 1.44 Construct a full access driveway on Presidential Drive as proposed 620 - feet east of Eagle Road. The driveway width should be limited to 30 - feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 1.45 Reconstruct the westbound approach at the Eagle Road/Presidential Drive intersection to provide two westbound travel lanes. Coordinate the roadway design with District staff. 1.46 Construct deceleration tapers at each of the driveways on Eagle Road. Coordinate the design with ITD staff. 1.47 Other than the access point(s) specifically approved with this application, direct lot or parcel access to Pine Avenue or Fairview Avenue is prohibited. 1.48 Construct a full access driveway on Records Drive as proposed 175 -feet RECOMMENDATION TO CITY COUNCIL - 9 CONDITIONAL USE PERMIT — CARL'S JR. RESTAURANT & DRIVE THRU — GREENSTAR FOODS & TFCM/DAKOTA COMPANY south of Fairview Avenue, limited to 30 -feet of driveway width. The minimum storage length should be 50 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. 1.49 Construct a full access driveway on Records Drive as proposed 300 -feet south of Fairview Avenue, limited to 30 -feet of width. The minimum storage length should be 50 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. 1.50 Construct a full access driveway on Records Drive as proposed 500 -feet south of Fairview Avenue, limited to 30 -feet of driveway width. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. 1.51 Construct a full access driveway on Records Drive as proposed 800 -feet south of Fairview Avenue, limited to 30 -feet of driveway width. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. 1.52 Construct a right-in/right-out driveway on Pine Avenue 175 -feet east of Eagle Road, limited to a driveway width of 30 -feet. The minimum storage length shall be 100 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. A median island shall be installed in Pine Avenue from the stop bar at Eagle Road to a point 50 -feet east of the driveway. 1.53 Construct a full access driveway on Pine Avenue as proposed 340 -feet east of Eagle Road, limited to 30 -feet of driveway width. The minimum storage length should be 100 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. 1.54 Construct a full access driveway on Pine Avenue as proposed 620 -feet east of Eagle Road, limited to a driveway width of 30 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. 1.55 Construct and install traffic calming facilities on Presidential Drive beginning at the eastern property line of the development and extending through the intersection with Fillmore Way. Coordinate the design and placement of the calming facilities with District staff and the Crossroads RECOMMENDATION TO CITY COUNCIL - 10 CONDITIONAL USE PERMIT — CARL'S JR. RESTAURANT &- DRIVE THRU — GREENSTAR FOODS &- TFCM/DAICOTA COMPANY Subdivision Owners Association. 1.56 Modify the site plan to create a vehicular way behind the pads fronting on Fairview Avenue and Eagle Road (approximately 100 -feet into the site) to connect Records Drive and Pine Avenue. Install curb returns at the intersections of this vehicular way with Records Drive and Presidential Drive. Install STOP signs on the access aisles intersecting with this vehicular way and install STOP signs on the vehicular way at its intersections with Records Drive, the five major driveways into the site, Presidential Drive and Pine Avenue. Coordinate the location of the vehicular way with District staff. ey/Z:\Work\M\Meridian 15360M\Carl's Jr. CUP042\CUP042Car1Jr.wpd RECOMMENDATION TO CITY COUNCIL - I 1 CONDITIONAL USE PERMIT — CARL'S JR. RESTAURANT & DRIVE THRU — GREENSTAR FOODS & TFCM/DAKOTA COMPANY 08/10/2000 08:52 2088885052 SANITARY SERVICE PAGE 01 NUB OF TREASURE VALLEY MAYOR A Good Place tLiv aceo e LEGAL DEPARTMENT Robert D. Corrie (208) 288-2499 -.Fax 288.2501 CITY OF MERIDIAN CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887.2211 • Fax 887-1297 Tammy dcWeerd (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 •Fax 888-6854 TRANSMITTALS 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 1, 2000 Transmittal Date: July 18, 2000 Hearing Date: August 8, 2000 File No.: CUP -00-042 Request: Conditional Use Permit for a Carls Jr. with a drive -up window By: Greenstar Foods and TFCM/Dakota Company Location of Property or Project: Pad P-3 at the Meridian Crossroads Center Sally Norton, P/Z Bill Nary, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Gan • 26 PP/FP/PFP - 31 AZ - 27 AUG 10 100 0e:59 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: '01i I e„r 2088885052 PAGE.01 August 3, 2000 CUP -00-042 MERIDIAN PLANNING & ZONING MEETING August 8, 2000 APPLICANT Greenstar Foods and TFCM ITEM NO. 9 REQUEST Conditional Use Permit to construct a Carl's Jr. Restaurant with a drive -up window Pad P-3 at The Meridian Crossroads Center AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: COMMENTS See Attached See Attached See Attached See Attached See Attached See Attached A ►�/"/y�' ,tVj V INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See attached comments from ewer Dept. f� if'' Phone:T �.. Contacted: (, Date: Materials presented at public meetings shall become property of the City of Meridian. MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813_ C;V, City Clerk Office Fax (208) 8884RSV I LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 August 1, 2000 To: Mayor, City Council and Planning & Zoning Commission From: Bruce Freckleton, Assistant to City Engineer lk Steve Siddoway, Assistant Planner _. Re: Conditional Use Permit for Carl's Jr. Restaurant at the Family Center (Meridian Crossroads Shopping Center) with a Drive-Thru and Related Site Improvements by Greenstar Foods & TFCM/Dakota Company. We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: LOCATION & SURROUNDING USES The subject property is generally located near the southeast corner of Fairview and Eagle Road. The site is Pad P-3 within the approved Family Center Conditional Use Permit (CUP). Carl's Jr. requires a separate CUP due to the drive-thru. The subject property is currently zoned I -L. The property is located in an area designated as Existing Urban in the Comprehensive Plan. The surrounding uses include other commercial pad sites within the Family Center and parking areas. The pad site fronts along Eagle Road. Crossroads Subdivision is behind the Family Center to the east of the subject property. GENERAL REQUIREMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinances 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance 11-13. 4. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance 11-13-4 and in accordance with Americans with Carls Jr.CUP.doe Mayor, Council and P&Z August 1, 2000 Page 2 Disabilities Act (ADA) requirements. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas as per City Ordinance 11-13-4.13.4. All site drainage shall be contained and disposed of on-site. 6. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 7. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance 11-14. No temporary signage, flags, banners or flashing signs will be permitted. 8. Provide five -foot -wide sidewalks in accordance with City Ordinance 12-5-2.K. 9. All construction shall conform to the requirements of the Americans with Disabilities Act (ADA). SITE SPECIFIC COMMENTS: 1. Ada County Highway District (ACHD) has issued a letter to the City of Meridian stating that the Family Center project now exceeds 450,000 gross square feet. Site specific requirement No. 7 of the ACHD Commission action on the Family Center development requires that once the 450,000 s.f. threshold is reached, improvements to the intersection of Fairview and Eagle Road must be constructed. No building permits should be issued for this project until all ACHD- required improvements are complete, unless otherwise approved by ACHD. 2. Sanitary sewer and water service to this site will be provided by extension of existing lines within the Family Center. 3. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 4. Underground pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Landscape irrigation shall be via the pressurized irrigation system being installed in the Family Center. 5. A detailed landscape plan was submitted with the application and is approved as part of this CUP. Verification of the location of the two additional Turkish Filbert trees shown on sheet L-1 must be submitted with the Certificate of Zoning Compliance application. CUP -00-042 Carls Jr.CUP.doc Mayor, Council and P&Z August 1, 2000 Page 3 6. The proposed 12 -foot drive aisles for the drive-thru are subject to Meridian Fire Department approval. 7. Coordinate screened trash enclosure location and construction requirements with Sanitary Service Company. Submit a letter of approval from Sanitary Services Corp. (SSC) when applying for a building permit. All trash areas are to be enclosed by a screening fence on at least three (3) sides. 8. The proposed pedestrian walkway is less than five feet wide behind the trash enclosure. Applicant shall modify the site plan to provide continuous five-foot wide sidewalks as per Ordinance 12-5-2.K. 9. Dimensions of all standard parking stalls shall conform to minimum dimensions as per city ordinance. City ordinance requires 9 X 19 standard stalls and 25 -foot -wide minimum driveways. All handicap -accessible parking spaces must meet minimum dimension and signage requirements per ADA standards. 10. Freestanding signs for the project will be limited to the single monument sign shown on the plan. All signage will be subject to design review and requires separate permits. Any temporary or A -frame signs shall be prohibited as a condition of approval, and will be removed upon 3 days notice. 11. This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit will need to be submitted and approved by the Zoning Administrator for any new owners/tenants. COMPREHENSIVE PLAN POLICIES The 1993 Comprehensive Plan contains a variety of goals and policies that are relevant to this application. Staff has selected the following sections that most directly apply to the proposed project for the Council and Commission's consideration during the hearing process. Economic Development Cha tomer 1.2 —. . set aside areas where commercial interest and activities are to dominate. 1.4 — Positive programs should be undertaken to support existing commercial areas to ensure their continued vitality... 1.6 —. . support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. Land Use Cha tomer 4.3U — Encourage new commercial development within under-utilized existing commercial areas. CUP -00-042 Carls Jr.CUP.doc Mayor, Council and P&Z August 1, 2000 Page 4 4.8U — Encourage commercial uses ... to locate in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. Communily Design Chapter 2.2U — Encourage area beautification through uniform sign design that enhances the community. 4AU — Encourage landscaped setbacks for new development. RECOMMENDATION Staff recommends approval of the CUP with the conditions noted above. CUP -00-042 Carls Jr.CUP.doc Mayor, Council and P&Z August 1, 2000 Page 4 4.8U — Encourage commercial uses. ..to locate in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. Communily Design Chapter 2.2U — Encourage area beautification through uniform sign design that enhances the community. 4AU — Encourage landscaped setbacks for new development. RECOMMENDATION Staff recommends approval of the CUP with the conditions noted above. CUP -00-042 Carls Jr.CUP.doc MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT ('_08)288-2499 • Fax 288-250t CITY OF MERIDIAN PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT -VC (208) 887-2211 • Fax 887-1297 MERIDIAN, IDAHO 83642 (208) 888-3433 • Fax (208) 887-4813 PLANNING AND ZONING City Clerk Office Fax (208) 888-4218 1?� DEPARTMENT (208) 884-5533 • Fax 888-6854 stx,y_ TRANSMITTALS 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 1, 2000 Transmittal Date: July 18, 2000 Hearing Date: August 8, 2000 File No.: CUP -00-042 Request: Conditional Use Permit for a Carls Jr. with a drive -up window By: Greenstar Foods and TFCM/Dakota Company Location of Property or Project: Pad P-3 at the Meridian Crossroads Center Sally Norton, P/Z Bill Nary, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 31 AZ - 27 Your Concise Remarks: Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irdg. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 CITYOF MERIDIAN PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT (208)887-2211- Fax 887-1297 MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cit Clerk Office Fax (208) 888-4218 DEPARTMENT City (208) 884-5533 - Fax 888-6854 TRANSMITTALS 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 1, 2000 Transmittal Date: July 18, 2000 Hearing Date: August 8, 2000 File No.: CUP -00-042 Request: Conditional Use Permit for a Carls Jr. with a drive -up window By: Greenstar Foods and TFCM/Dakota Company Location of Property or Project: Pad P-3 at the Meridian Crossroads Center Sally Norton, P/Z Bill Nary, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department 7— Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 31 AZ - 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: ?-,, ✓ Y () MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY r` A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 1, 2000 Transmittal Date: File No.: ri7i1-fiTi1 July 18, 2000 Hearing Date: August 8, 2000 nA9 Request: Conditional Use Permit for a Carls Jr. with a drive -up winaow By: Greenstar Foods and TFCM/Dakota Company Location of Property or Project: Pad P-3 at the Meridian Crossroads Center Sally Norton, P/Z Bill Nary, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 31 AZ - 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department v HUB OF TREASURE VALLEY ^ ` MAYOR Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN (208) 233-2499 . Fax 288-2501 CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 837.221 I • Fax 887-1297 Tammy deWeerd (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (_' 08) 884-5533 - Fax 888-6854 TRANSMITTALS 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 1, 2000 Transmittal Date: July 18, 2000 Hearing Date: August 8, 2000 File No.: CUP -00-042 Request: Conditional Use Permit for a Carls Jr. with a drive -up window By: Greenstar Foods and TFCM/Dakota Company Location of Property or Project: Pad P-3 at the Meridian Crossroads Center Sally Norton, P/Z Bill Nary, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen .26 PP/FP/PFP - 31 AZ - 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department FBcBTvED JUL 2 5 2000 CITY OF MERIDIAN RECEIVED JUL 2 a Ito Meridia�� e�� t W atelr Supe CM CENTRAL DISTRICT HEALTH DEPARTMENT Rezone # Conditional Use # CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division Preliminary / Final / Short Plat CUP oo -0q.z Return to: ❑ Boise ❑ Eagle ❑ Garden City XMeridian ❑ Kuna ❑ ACZ 4 I . We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑community water ❑ sewage dry lines ❑ central water ❑ 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store M Date: / 42 % / 6' Reviewed (DHD 10191 rd, rev. 7197 Review Sheet EIVE RECD NOTICE OF HEARING 11UL 3 12004 CITY OF MERIDIAN CITY CLERK nFFIl''-- 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 7:00 p.m. on August 8, 2000 for the purpose of reviewing and considering the application of Greenstar Foods and TFCM Associates, LTD for a Conditioi.a! Use Permit to construct a Carl's Jr. Restaurant with a Dri�Je-thrla window currently in a I -L zone generally located at Pad P-3 at the Meridian Crossroads Center. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 17th of July, 2000 PUBLISH July 21, 2000 and August 4,2000 lc� 4. IA4,cl' -el�XA WILLIAM G. BERG, JR., 91TYCLERK rr�lCC / CJSOfiPOF SEAL - 9 0' Robe cb L 3898 E. Fl. Stacker orence Dr. Meridian, ID 83642-6056 et� _ August 2, 2000 Will Berg, City Clerk Meridian City Hall 33 East Idaho Meridian, ID 83642 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Re: CUP -00-042 Carls Jr. with drive -up window Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District has no comment on the above-mentioned application. Sincerely, 61W'Ale_nza Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Ada Cot1nt9t'j1iy4wa9, 2)ijti,t Judy Peavey -Derr, President "' �" ` Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us July 31, 2000 TO: Tom Bauwens Dakota Company, Inc. 380 E. Parkcenter Blvd., Suite 100 Boise, ID 83706 SUBJECT: MCUP-00-042 Carls Jr. with Drive -Up Eagle & Fairview, Meridian Crossroads Center On September 23, 1998, the Ada County Highway District Commissioners acted on MCU -17-98 Meridian Family Center. The conditions and requirements also apply to MCUP-00-042. If you have any questions, please feel free to contact this office at (208) 387-6177. Sincerely, Penelope L. Constantikes Development Analyst Cc: Planning & Develop ment/Chron/Project File Planning & Development Services --City of Meridian Greenstar Foods 3413 North Cole Road, Suite #128 Boise, ID 83704 TFCM Assoociates, L.L.C. A Utah Limited Liability Company 3300 Enterprise Parkway Beachwood, Ohio 44122 �A CJ�V D SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary TO: Tom Bauwens The Dakota Company Inc. 380 East parkcenter, Suite 100 Boise, ID 83706 FROM: Steve Arnold, Senior Analyst planning & Development Division SUBJECT: MCU -17-98 SEC Fairview Avenue & Eagle Road September 25, 1998 ly Center the Commissioners of the Ada County Highway District on September 23 Your application for the above referencedproject1998. The attached staff report lists conditions of , approval and street improvements which are required. If you have any questions, please feel free to call me at 387-6170. SA cc: plan&Dev Svcs-chron/file John Edney Chuck Rinaldi City of Meridian Dobie Engineering ada county highway district 318 East 37th • Boise, Idaho 83714-6418 nr,f_hri nda.id.us Y HIGHWAY DISTRICT ADA CO UNand Development Division Planning Development Application Report SEC Fairview Avenue &Eagle Road MCU_17_98 Meridian Family Center care foot retail shopping applicant is requesting conditional use approval for an m848,000-square Road and Fairview The app ated to generate 26,950 -additional vehicle neration 4.74 -acre site is located on the southeast corner of Eagle Engineers Trip center. The 7 This development is es Traortation Eng ed in Avenue in Meridian. occupancy based on the Institute oua a feet are proposed to be develop per day upon full 619,868 -sq manual and the submitted he pro project- study. ct as part of the the first phase o roved this prole tuall app component was previously reviewed and concep Y the residential The Commission p In the original review, only he review of the entire site (e•g required a traffic analysis and conceptual Crossroads Subdivision in uired and the subdivision is in approved. The District req components), because of the concern for traffic volumes andbut approved. by the District Ian, b the commercial and residential Cpo ent was Ian s similar to the original conceptp The residential complocations and parking detail. operations. The current site p the final stages of constructioafding building size, driveway with more detail provided reg menta Eagle Road Roads impacted by this develop Fairview Avenue Pine Avenue Records Drive Presidential Drive ACHD Commission Date - September 23, 1998 - 7:00 p•m• rr1mmission Meeting - September 24, 1998 - 6:30 p.m. _ nom.-.. .vrn /� 6w uol� ,npallw,o :•ou od aloo u61wp ops .0 a OHVQI 'NVIC63W 1V ?J31N33 J.IINV3 3Hl -=•2MM � � 6N4f�f�HHHfi� I IiiiiM Ifl, .H......... NUUWUWMWWLwii 1 0 0 0 i s I0 LO 0 UIIITiiiTliiTlT�iiiiillTlN u� o �— yg M fiTITIITITi� TIiHA O - s ll I7 1 T � 1 �. ........................... •� m C 0 z o Q b n - LL - C LLI h i5_�� -6 c ll I7 1 T � 1 �. ........................... •� m C h E i h h i5_�� h� iq h - CL V, i p1 �g gQ i ,aa ll I7 1 T � 1 �. ........................... •� m C * Z Facts and Findings: A. General Information General Data Owner - - Developers Diversified Realty Corporation Inc. Applicant - Developers Diversified Realty Corporation care of the Dakota Company I -L - Existing zoning I -L - Requested zoning 74.74 - Acres 2 - Proposed building lots 0 - Proposed dwelling units 848,000- Total square feet of proposed building 0 - Square feet of existing building 1,000± - Total lineal feet of proposed public streets 145- Traffic Analysis Zone JAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District 2, Effected Streets F I Po^'� �4t�ta Hiahwav� Principal arterial eak hour count on 9/8/98 = 2801 vph s/o Fairview venue Traffic count 27,564 on 10/97, p 2,600 -feet of frontage 140 -feet existing right-of-way (70 -feet from section line) Comply with ITD requirements Eagle Road is improved with a 78 feet of pavement with five travel lanes and no curb, gutter or sidewalk. Eagle Road is State Highway 55 and is under the jurisdiction of the Idaho Transportation Department (ITD) Fairview Avenue Principal arterial k hour count on 9/8/98 = 2026 vph e/o Eagle Road Traffic count 21,900 on 10/97, pea 2,600-feet of frontage 100 to 108 -feet existing right-of-way (50 to 54 -feet from section line) 120 to 132 -feet required right-of-way (60 to 66 -feet from section line) Fairview Avenue is improved with a 68 feet of pavement with five travel lanes and no curb, gutter or sidewalk. Pine Avenue Collector street with bike lane designation No traffic count available (this roadway segment is not open) 650 -feet of frontage 0 -feet existing right-of-way 90 to 96 -feet required right-of-way (45 to 48 -feet from mid-section line) The right-of-way for this segment of Piment of P ne Avenue between Eagle Roade Avenue has not been dedicated nor sandit been constructed. Construction of this seg MCU 1798 -COM Page 2 Cloverdale Road is included in the current Five Year Work Program, to be completed in FY 2002. Continued and extensive development within the area may accelerate the need for this segment of Pine Avenue. Presidential Drive Local commercial street with no bike lane designation Traffic count 1, 178 on 12/4/96 700 -feet of frontage 69 -feet existing right-of-way (34.5 -feet from centerline) No additional right-of-way required Presidential Drive is constructed as two 14 -foot roadways separated by a 14 -foot median island. The roadway has curb, gutter and sidewalk on both sides of the street. This roadway segment was platted and constructed as part of the Crossroads Subdivision. Records Drive Local commercial street with no bike lane designation Traffic count not available 800 -feet of frontage No existing right-of-way 60 to 76 -feet required right-of-way (30 to 38 -feet from the future centerline) Records Drive has not yet been constructed between Fairview Avenue and the Crossroads Subdivision. A paved, but temporary access has been constructed as a secondary access to the residential development. This access is temporary until the current application constructs the final segment. 3. Application Chronology: June 22, 1998 - Traffic Impact Study (TIS) received. June 28 - District staff met with developer's traffic engineer. June 29 - Application referred from Meridian. July 8 - ITD requests additional traffic analysis from traffic engineer. July 9 - ACHD staff requests additional traffic analysis from traffic engineer. July 25 - Supplemental TIS received by ACHD staff. August 2 - District staff requests more in-depth analysis of selected data from traffic engineer. August 5 - Second supplemental TIS received by ACHD staff. August 7 - ACHD contracts with a separate traffic consultant to conduct an independent review of the development and staff's conclusions. August 11 - Meridian Planning and Zoning Commission public hearing. District staff requests deferral for completion of District findings and action. August 20 - Second traffic consultant's report received by ACHD. August 21 - ACHD in-house technical review meeting with developer and his engineer. August 28 - ACHD staff met with developer and his traffic engineer to discuss staff comments. September 4 - Second in-house technical review meeting, discussed preliminary staff report. September 8 - Meridian Planning and Zoning Commission met and deferred application to September 24 to review ACHD Commission action and findings of noise consultant required by Planning and Zoning Commission. September 16 - ACHD staff DRAFT report completed and delivered to Commission, the applicant and the public. September 23 - Application acted on by the ACHD Commission. MCU 1798.COM Page 3 B. utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. C. Eagle Road (State Highway 55) is under the jurisdiction of Idaho Transportation Department (ITD). Application materials should be submitted to ITD for review and requirements of that Department and the applicant should submit to the District a letter from ITD regarding said requirements prior to District Pproval of urs first.the Thefinal appl cant may co tact Distrclt Igpermit ll Traffic(or other required permits), whichever o Engineer Lance Johnson at 334-8340. D. Eagle Road traffic volumes have increased an average of 16% over the last seven years. Traffic has increased an average of 20% over the last four years. The APA model assumes a 4% annual growth rate until the Year 2015. While it is unlikely that the 20% growth rate will be maintained, the APA forecast is likely low, based on observed development rates and counts. E. District staff requested an extensive traffic impact study summary for this project because: 1. the proposed development exceeded the District's threshold for commercial developments, 2. concern about the impact of the development on traffic accessibility to Eagle Road and Fairview Avenue, and 3. concern about the operation of the Eagle/Fairview intersection. F. ACHD staff and Idaho Transportation Department (ITD) staff reviewed the submitted DRAFT traffic analysis prepared by Dobie Engineering Inc. Both agencies responded with lengthy review letters and requests for additional data. An addendum was submitted by the applicant's consultant. Both ITD and ACHD staffs reviewed the addendum and requested more in-depth analysis by a second set of review letters. A second addendum was submitted by the applicant's consultant. Evaluation of the traffic analysis summary and supplemental field analysis by staff provided the following information: 1. The proposed project is estimated to generate 26,950 total daily vehicle trips. The actual additional traffic volume added to the street system is approximately 20,000 daily vehicle trips because of passby trips already on the adjacent roadways. 2. The proposed project is estimated to generate 2,570 total peak hour vehicle trips., adding approximately 1,750 to 2,020 peak hour vehicle trips to the external trip network because of passby trips already on the adjacent roadways. 3. The anticipated 2,570 peak hour vehicle trips are the result a trip rate of 3.03 peak hour vehicle trips per 1,000 square feet of floor area. This number is in compliance with the data provided by the Institute of Transportation Engineers (ITE). District staff completed peak hour traffic counts at two smaller local shopping centers. The observed numbers matched the ITE data for a similar sized shopping center. Staff therefore accepts the submitted figures for peak hour trip generation. 4. The project site was originally reviewed as a retail center site in 1995 as part of the Crossroad Subdivision Traffic Analysis. The residential component of this site was approved and is currently under construction. The current forecast trip generation from the commercial component of this site is consistent with the assumptions from the original (1995) study. 5. The submitted site plan shows several driveways on Pine Avenue, Eagle Road and Fairview Avenue. 6. Pine Avenue is a designated collector road. There is no right-of-way east of Eagle Road. A portion of the Pine Avenue roadway has been constructed and dedicated MCU1798.COM Page 4 west of Eagle Road. The submitted traffic analysis assumed that the Pine/Eagle intersection will be signalized. 7. Presidential Drive is a public street and designated as a local road. The analysis assumed that the Presidential/Eagle intersection will be STOP controlled on the Presidential Drive approach. applicant is proposing 8. Florence Street is a local public street west of Eagle Road. The app P P 9 to construct a private driveway into the development opposite Florence Street. 9. Eagle Road is an access controlled roadway underthe jurisdiction f ee Two access points were deeded to this parcel by ITD. The applicant proposing th ss points (including Pine Avenue). Presidential Drive is the only access point which has been constructed at this time. 10. Pine Avenue is a future public roadway. It is scheduled for construction between Eagle and Cloverdale Road in FY 2000. ACHD has already obtained an access permit from ITD to construct the Pine Avenue intersection with Eagle Road. 11. Records Drive is currently a private street from Fairview Avenue to the Crossroads Subdivision but will be dedicated application. The assumednthatdas the a local commercial road with thisppli ation. The an Records/Fairview intersection will be signal controlled. 12. In addition to Records Drive, there are four other proposed driveways on is vie Avenue. The western -most driveway (Driveway A on the attached map) proposed for right-on/right-out operation. The other three driveways meet District policy for full access operation. Current District policy allows a maximum of three access points for one frontage. Staff supports a variance to allow the fourth driveway (and a public street) because of the great length of frontage (one-half mile) and the high volume of traffic to be accommodated. 13. Both Eagle Road and Fairview Avenue are principal arterials. As such, Level of Service (LOS) E is an acceptable condition for the intersections on both roadways. 14. Both Eagle Road and Fairview Avenue are five lane facilities abutting the project site with free right -turn lanes on all legs of the intersection. 15. The Eagle Road Access Study (1997) recommends allowing only two access points to Eagle Road between Pine Avenue and Fairview Avenue. These two access points would be restricted tore eliminated entirely mlfuture stages of thetraffic p plan's volumes increased and would b implementation for Eagle Road. mended a future grade separated interchange for 16. The Eagle Road Access Study recom the Eagle/Fairview intersection. ual increase 17. The current APA model assumes a n average have averaged 20% per oyear over the lastf traffic on Eagle four of 4%. The observed traffic in years. 18. The Eagle/Fairview intersection currently operates at LOS D. 19. The Eagle/Fairview intersection will operate at LOS F with the existing geometry and the "existing plus project" traffic volumes. The intersection can be made to operate at an acceptable LOS E condition with the provisions of dual left turn lanes and free right turn lanes on all approaches. This change will require moving at least two signal poles and adding pavement as well as restriping. The signals currently provide pedestrian actuated movement across Fairview Avenue and Eagle Road, and this provision for pedestrians must be maintained after any modifications to the intersection. 20. The Eagle/Pine intersection will operate at LOS E with the 'existing plus project" traffic volumes. The intersection will require dual left turn lanes on all approaches. 21. The Fairview/Records intersection will operate at LOS E with the existing plus project traffic volumes. The intersection will require signalization and dual left turn lanes on all approaches in order to maintain a good LOS. Staff recommends that two northbound left -turn lanes be constructed on-site by the developer, with a signal installed MCU1798.COM Page 5 appropriately ro riately to accommodate future dual left -turn lanes on Fairview Avenue to be site constructed by the District when needed. 22. The remaining, unsignalized, full access volumes onabo h ys will are Isollhigh t at there in/right-out facilities. The through traffic will be few opportunities for left -turns at any f the or non-signalized tbound left tuorns andese driveways will operate at an acceptable LO inbound left turns OIlLy if the signalized intersections are constructed as shown above. The demand for left turns at the unsignali acceintertably sections becaause the excess trafficexceeds the lavailable capacity. These intersections only functionp be diverted to a signalized intersections at hine Avenue angh traffic volumes on a rtecords Drive. streets and condition is caused by a combination of hi g at the site driveways. 23. Due to the high traffic volumes e both site Edrgveway le swill operand ate at an acceptable LOS E nue, the remaining, unsignalized, full or better for outbound right turns and inbound left turns if the signalized intersections are constructed as shown above. review of G. ACRD contracted with EARTH -TECH Enrlng Inc. to perform a produced essentially t le sameparty info information as development. This second consultant's review p the first analysis with two noted points of difference: 1. EARTH -TECH had a less optimistic view of the future traffic volumes on Eagle Road. They were less comfortable with APA's forecast of 4% annual growth and used recent traffic volumes to forecast higher future volumes on Eagle Road. The result of this assumption is that the road atesectiotraffic willbe mesetely overwhelmed with traffic from this project andbackground 2. EARTH -TECH also had a less optimistic view of the site's customers traveling to the nearest signalized intersections. They assumed that more drivers would wait for traffic at the nearer unsignalized intersections. The result of this assumption is that the unsignalized intersections will be completely overwhelmed with traffic from this site, functioning at unacceptable levels of service. H. The preceding analyses identified the following public street improvements needed to accommodate the additional traffic created by this project and the normal growth of background traffic: I . 1. Construct dual left -turn intersection on and mos and ree dify the signal anes on configu configuration accommodate datethe the Eagle/Fairview ante additional lanes. 2. Construct a traffic signal at the Fairview Avenue/Records Drive intersection. Locate the signals to accommodate future dual left -turn lanes on Fairview Avenue. 3. Construct dual northbound left turn lanes on Records Drive at the Fairview Avenue intersection. 4. Construct a traffic signal at the Eagle Road/Pine Avenue intersection. 5. Construct dual southbound left turn lanes on Eagle Road at the Pine Avenue intersection. 6. Construct dual westbound left turn lanes on Pine Avenue at the Eagle Road intersection. 7. Construct Pine Avenue from Eagle Road east to the eastern property line of this project. Two lanes are needed from the western driveway to the eastern property line. Four lanes are needed from the western driveway to the western property line. 8. Construct deceleration lanes at all intersections on Eagle road abutting the site. MCU1798.COM Page 6 9. Construct curb, gutter and an eastbound lane to Fairview from a point 500 -feet west of Eagle Road to the eastern boundary of the site. Depending upon the magnitude and direction of project development, staff has determined that it is possible to of ne ment the needed improvements in phases. ded at the art of development. The following table l of s improvements are not the threshold level of development at which each improvement is needed. THRESHOLD VALUES FOR SITE SPECIFIC IMPROVEMENTS Needed Improvement Dual left -turn lanes and right -turn lanes at Eagle/Fairview 2. Signal at Records/Fairview Threshold Value at Which Improvement is Required • Needed after 450,000 GSF of buildings are constructed. • Needed at start of development north of Florence Street. 3. Dual left -turn lanes at Needed at start of development north of Florence Fairview/Records (on Street. o dedicate 6 -feet of right-of-way Records) Developer required t within 500 -feet of Records intersection for future addition of dual left -turn lanes on Fairview by ACHD or others. 4. Signal at Eagle/Pine • Needed at start of development south of Presidential Drive. 5. Dual left -turn lanes on • Needed at start of development south of Presidential Eagle at Eagle/Pine Drive. 6. Dual left -turn lanes on Pine • Needed at start of development south of Presidential at Eagle/Pine Drive. 7. Construct Pine east of • Needed at start of development south of Presidential Eagle Drive. 8. Construct deceleration • Needed at start of development. lanes at the Eagle Road accesses 9. Construct third eastbound • Needed after 450,000 GSF of buildings are lane on Fairview west and constructed. east of Eagle J. Fairview Avenue and Pine Avenue are ACHD classified roadways and, as such, would be eligible for the use of impact fee revenue to increase their capacity, if such improvement is included in the Capital Improvements Plan (CIP) and the Five Year Work Program (FYWP). Idaho Code also allows the use of road impact fee revenue on State Highways, such as Eagle Road for capacity enhancement. Only one of the improvements recommended by the traffic impact study, the Eagle/Pine signal, is included in the FYWP. Some of the recommended improvements will be necessary in the future to accommodate traffic growth without the traffic that will be generated by this proposal, and the District would be constructing those MCU1798.COM Page 7 fee revenue. improvements at the appropriate time, partially funded from impact rates the need for those large volume that will be generated by the proposed development accelerates improvements. Staff has evaluated the relative benefits that will be realized by the general traveling public from the various recommended improvements and suggests that they be considered in two categories, system improvements and site related improvements as follows: 1. System Improvements are capital improvements other than a site -related improvement which is public facility and signed to would bepoffset from the Road Impact Fees forovide service to the community at ar he The costss of these improvements project: a. Construct dual left turn lanes on the Fairview Avenue legs of the Eagle/Fairview intersection. b. Construct curb, gutter and an eastbound lane from 500 -feet west (the end of existing improvements) of the Eagle Road intersection to the Eagle Road/Fairview Avenue intersection. C. Dedicate sufficient additional right-of-way to total 66 -feet from centerline of Fairview Avenue from the intersection with Eagle Road for a distance of 650 - feet east of the intersection, then taper to 60 -feet from centerline in 200 -feet, and continue 60 -feet of right-of-way to the east boundary of the development. 2. Site -related improvements are capital improvements or right-of-way dedication for direct access to and/or within the proposed project or development. The costs of these improvements must be borne by the developer of the project: a. Construct dual northbound left turn lanes on Eagle Road at the Fairview Avenue intersection. b. Construct a traffic signal at the Fairview/Records intersection. C. Construct dual northbound left turn lanes on Records Drive at the Fairview Avenue intersection. agle Road/Pine Avenue intersection -the d. Construct a traffic signal at the E District should provide the materials, and the developer should install the signal. This is a partnering with g, below. Part of the expense of the road construction is the District's responsibility because it will be slightly more than the development actually requires. The provision of the signal equipment by the District will balance that expense. The signal will include provision for Opticom equipment. urn lanes on Eagle Road and matching shadow e. Construct dual southbound left t striping or median at the Pine Avenue intersection. f. Construct dual westbound left turn lanes on Pine Avenue at the Eagle Road intersection. g. Construct Pine Avenue from Eagle Road east to the eastern property line of this project. The street section will consist of four lanes at Eagle Road east to the full access driveway into the retail center. From that point east to the property line, the street section will consist of 28 -feet of pavement with two 3 -foot wide unpaved shoulders. See d. above. h. Construct deceleration lanes at all intersections on Eagle Road. i. Construct an eastbound lane on Fairview from the Eagle Road intersection to the east property line of the development to create one half of an 89 -foot street section. The District prefers to defer the construction of curbs along the frontage of this site and use roadside swales to control runoff from Fairview Avenue and Eagle Road, similar to the system constructed by ITD in connection with the Eagle Road construction from Fairview Avenue to S. H. Highway 44. MCU 1798.COM Page 8 I y The developer should be required to integrate adequate drainage swales alongside Eagle Road and Fairview Avenue into the landscaping scheme for the development. Coordinate s to todesign se of a drainage Swale along nage swale and sidewalk Eagle Roald th District staff. If ITD objects staff will reconsider this recommendation. j. Construct dual westbound left -turn lanes on Pine Avenue at the Eagle Road -intersection. k. Construct afive-foot sidewalk on Fairview Avenue abutting the site. I. Construct afive-foot sidewalk on Eagle Road abutting the site. M. Construct five-foot sidewalks (both sides) on Records Drive abutting the site. n. Dedicate 76 -feet of right-of-way for Records Drive from Fairview Avenue to a point 300 -feet south of Fairview Avenue through the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. o. Dedicate 60 -feet of right-of-way for Records Drive from a point 300 -feet south of Fairview Avenue to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. K. ACHD's Park & Ride Division Staff has indicated the need for a Park & Ride location at the applicant's site. The District requests that applicant grant the District an easement for a 10 to 12 -space Park & Ride area at this site. Commuteride staff will contact the applicant to coordinate the location of the Park & Ride area. L. In order to reduce trips to and from this development it is recommended that Tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Pat Nelson at 387-6160 for further information. M. In order to reduce trips to and from this development, it is recommended that the tenants occupying the proposed building(s) be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. A Transportation Management Association (TMA) or Transportation Management Organization (TMO) is formed with a coordinator that works as a liaison between businesses and private and public transportation providers to increase the use of alternative transportation and other trip reduction measures (shuttle buses, bus pass programs, vanpools, car pools, bicycle and walking enhancements). An annual survey will be required of the TMA/TMO to monitor participation in alternative transportation programs and forwarded to the ACHD Commuteride Office. N. District policy states that direct access to arterials and collectors is normally restricted and that the developer shall try to use combined access points. In accordance with District policy the applicant should be required to provide a recorded cross access easement for the parcel to the east to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). The District intends to require a similar agreement of the owners of the parcel to the east if they are the subject of a future development application. O. In accordance with District policy, stub streets or driveways to the undeveloped parcels abutting this site may be required upon review of a future application for this site. MCU1798.COM Page 9 P. As required by District policy, restricns of n the width, number and locations of driveways, may be placed on future developmentparcel. Q. District staff is extremely concerned with internasubsite division. oneSs and the Staff bel eyes that an ffmproved is within the site and on the adjacent residential internal site circulation system should be designed to minimize those impacts. The proposed system could include on-site travel routes parallel to Eagle Road and Fairview Avenue to improve access to the two signalized intersections of Pine Avenue/Eagle Road and Records Drive/Fairview Avenue, but should not be immediately in front of the stores. After discussing this issue with the applicant and his representative, the applicant proposed the following two modifications to the site plan to reduce the impacts on the residential streets and the access road directly in front of the stores: 1. Locate a second driveway on Pine Avenue, 175 -feet east of Eagle Road, and lengthen the on-site stacking served by this driveway to a minimum of 50 -feet to open up the parking area at the southwest corner of the site. This would allow the vehicles parked in this area additional access to Pine Avenue without using the drive aisle immediately in front of the stores. 2. Design additional access aisles in the northwest corner of the site to provide better access to the western driveway on Fairview Avenue. This will provide additional access to much of the parking area in this part of the site to minimize the traffic attempting to drive to the signalized intersections of Records Avenue/Fairview Avenue and Pine Avenue/Eagle Road. Staff is of the opinion that additional site plan corrections are necessary to provide adequate on-site circulation. The Institute of Transportation publication "Guidelines for Planning and Designing Access Systems for Shopping Centers" states that a shopping center of this magnitude should be constructed with a "ring road" or frontage road near the circumference of the site to expedite the movement of on-site traffic. That consideration is especially important in this situation because of the great distances from some parts of the center to the two signalized intersections with the arterial system. Additional access aisles parallel to Fairview Avenue and Eagle Road would partially satisfy the need for a frontage or ring road. During the Commission meeting, the Commission discussed the merits of expanding the access aisle configuration to function as a continuous vehicular way from Records Drive to Pine Avenue. This way would be interrupted by crossings of the driveways into the site and Presidential Drive, but would greatly increase ease of access to the two signalized intersections serving the site (Records and Pine). The Commission agreed with staff that such opening of the access aisle was necessary and would be included as a Site Specific Requirement. R. The District completed an access control plan for the entire Eagle Road corridor in 1997. An important recommendation of that study was the proposal for a grade separated interchange at the Eagle/Fairview intersection. Although construction of the interchange is anticipated beyond the 20 -year planning period, the Long Range Transportation Plan establishes the policy that the District should preserve the right-of-way now to ensure that the needed land will be available when construction begins. Therefore, the applicant should be required to dedicate or otherwise agree to not encumber sufficient land area to accommodate the proposed interchange design. The owner will be compensated for all additional right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. If the land is dedicated, the owner may enter into a license agreement with MCU1798.COM Page 10 the District to use the preserved right-of-way until the District constructs the interchange. If another form of preservation is approved by the Commission, the developer and the District should enter into an agreement providing for the use of the right-of-way for the interchange. S. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development only with the additional requirements outlined within this report. The existing transportation system is not adequate for the anticipated traffic volumes without improvement. Recommendations: , Special Recommendations to Meridian City: 1. The Institute of Transportation publication "Guidelines for Planning and Designing Access Systems for Shopping Centers states that a shopping center of this magnitude should be constructed with a ring road or frontage road near the circumference of the site to expedite the movement of on-site traffic. That consideration is especially important in this situation because of the great distances from some parts of the center to the two signalized intersections with the arterial system. The applicant should be required to revise the site plan to provide internal site circulation equivalent to a public street system to ensure that intra -site circulation does not use the public street system to circulate through the adjacent subdivision to gain access to the signalized intersections on Eagle Road and Fairview Avenue. The on-site system should roughly parallel Fairview Avenue and Eagle Road but should not be located immediately in front of the stores. Opening of access aisles located 100 -feet or more away from and parallel with Fairview Avenue and Eagle Road will fulfill this requirement. The access aisles should be as direct as possible and provide a means of driving a vehicle from Records Drive to Pine Avenue without interruption except at the major driveways into the site and at Presidential Drive. Coordinate the internal roadway design with District staff. 2. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building consider formation of an Alternative Transportation Program. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Mrs. Pat Nelson at 387-6160. 3. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) are urged to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. The District would appreciate the formation of such an entity by this complex. Special Recommendations to ITD: 1. The applicant should be required to construct the needed improvements to create dual left -turn lanes on the two Eagle Road approaches of the Eagle/Fairview intersection when the site development reaches 450,000 GSF. 2. The applicant should be required to construct the needed improvements to create dual left -turn lanes on the two Eagle Road approaches of the Eagle/Pine intersection. These improvements are not needed immediately. The noted improvement is required when the site development is MCU1798.COM Page 11 t started south of Presidential Drive. The northbound left -turn lanes are not directly usable by the development. However, they may reduce congestion caused by trips to/from the development by providing for conflicting movements. 3. The applicant should be required to construct deceleration tapers at each of the driveways on Eagle Road. 4. The applicant should be required to construct right -turn lanes on all legs of the Fairview Avenue/Eagle Road intersection at the time the development reaches 450,000 GSF. 5. Prohibit any driveway access to Eagle Road north of the Florence Street intersection. The driveway will conflict with the operation of the free, northbound right -turn lane. Other than Pine Avenue, Presidential Drive and the driveway opposite Florence Street, prohibit any driveway access to Eagle Road. The following requirements are provided as conditions for approval: Site Specific Requirements: Comply with requirements of ITD for Eagle Road (State Highway 55) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Lance Johnson at 334-8340. 2. Dedicate sufficient additional right-of-way to total 66 -feet from centerline of Fairview Avenue from the intersection with Eagle Road for a distance of 650 -feet east of the intersection, then taper to 60 -feet from centerline in 200 -feet, and continue 60 -feet of right-of-way to the east boundary of the development (See 4. below). The right-of-way should be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 3. Dedicate sufficient right-of-way abutting Eagle Road for the future Eagle Road Interchange. Coordinate the right-of-way requirements with District staff. The right-of-way is generally described as being a minimum of 226 -feet wide (113 -feet east of centerline) from Fairview Avenue south for 600 -feet. The right-of-way needs then taper to 146 -feet wide (73 -feet from centerline to a point 1,400 -feet south of Fairview Avenue. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. It is understood that ITD will reimburse the District for the cost of this right-of-way acquisition. 5. Dedicate sufficient right-of-way abutting Fairview Avenue for the future Eagle Road interchange. Coordinate the right-of-way requirements with District staff. The right-of-way is generally described as being a minimum of 176 -feet wide (84 -feet south of centerline) from Eagle Road east for 500 -feet, then tapering to 120 -feet (60 from centerline) at 1,000 feet east of Eagle Road. The owner will be compensated for all right-of-way dedicated as an addition to MCU1798.COM Page 12 -1 existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 6. Dedicate 76 -feet of right-of-way (38 -feet from the centerline) for Records Drive from Fairview Avenue to a point 300 -feet south of Fairview Avenue and 60 -feet of right-of-way (30 -feet from centerline) for -Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will not be compensated for this right-of-way because Records Drive is a local street. -7., Prior to beginning a phase of the development that exceeds 450,000 gross square feet, construct the needed improvements to create dual left -turn lanes on the two Fairview Avenue approaches of the Eagle/Fairview intersection and right -turn lanes on all legs of the intersection. The developer will be allowed to offset the cost of the two left turn lanes on the Fairview Avenue legs of the intersection from the impact fee to be collected for the development. f the development south of residential 8. Prior to ththe needed impconstruction rf any portion ovements ov ments to ocreat dual eft -turn lanes onPthe eastern approaches of construct P the Eagle/Pine intersection. 9. Construct a five-foot sidewalk on Fairview Avenue abutting each development phase (approximately 2,600 -feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. 10. Construct a five-foot sidewalk on Eagle Road abutting each development phase (approximately 2,600 -feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. `T11, Prior to opening of the development, construct pavement widening on Fairview Avenue to one half of an 89 -foot street section abutting the parcel (approximately 2,600 -feet). The applicant will not be compensated for this construction. 2:�Prior to opening of the development, construct pavement widening on Fairview Avenue to ad one eastbound lane from Eagle Road to a point 500 -feet west where the existing improvements end. The cost of this improvement will be offset from the road impact fee to be collected for the development. 13. Construct a five-foot sidewalk on Pine Avenue abutting each development phase (approximately 1,300 -feet) prior to opening of any development south of Presidential Drive. 14. Construct the four driveways on Fairview Avenue as proposed. The driveways should be located as proposed on the site plan dated 8/3/98, prepared by Quadrant Consulting, Inc. and on file with the District: approximately 440 -feet, 940 -feet, 1,510 -feet, and 2,480 -feet east of Eagle Road respectively. a. The western driveway on Fairview Avenue (Driveway A) is to be constructed as a right- in/right-out driveway, with driveway width limited to 30 -feet and a minimum storage length of 50 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Extend the existing median island in Fairview MCU1798.COM Page 13 Avenue from its easterly terminus to a point 50 -feet east of the eastern edge of driveway A and construct pavement tapers with 15 -foot radii. b. The second driveway on Fairview Avenue (Driveway B) is to be constructed as a full access driveway with a width limited to 40 -feet. The minimum storage length shall be 100 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15 -foot radii. C. The third driveway on Fairview Avenue (Driveway C) is to be constructed as a full access driveway with a driveway width limited to 40 -feet. The minimum storage length shall be 100 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15 -foot radii. d. The fourth driveway on Fairview Avenue (Driveway D) is to be constructed as a full access driveway with a driveway width limited to 40 -feet. The minimum storage length shall be 100 -feet for outbound traffic and 50 -feet for inbound traffic. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15 -foot radii. 15. Construct Records Drive as a 65 -foot street section (with curb, gutter and five-foot sidewalk) from Fairview Avenue to a point 300 -feet south of Fairview Avenue. Records Drive should be located approximately 2,100 -feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point 300 -feet south of Fairview. Dedicate sufficient right-of-way for the noted improvements. 16. Construct Records Drive as a 41 -foot street section (with curb, gutter and five-foot sidewalk) from a point 300 -feet south of Fairview Avenue to the existing stub street within the Crossroads subdivision. 17. Construct a traffic signal at the Fairview/Records intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHD specifications. The signal should be designed to allow the future construction of dual left -turn lanes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. 18. Construct a driveway on Eagle Road aligned with Florence Street as a full access driveway. The driveway width should be limited to 40 -feet. The minimum storage length should be 100 - feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Eagle Road. This driveway may be restricted to right-in/right-out movement in the future. Construct a deceleration lane for the driveway. 19. Construct Pine Avenue as a 28 -foot street section from the project's eastern property line to a point approximately 400 -feet east of Eagle Road. Widen the approach to Eagle Road to provide two westbound left turn lanes, one westbound through lane and one westbound right - turn lane. Coordinate the roadway design with District staff. 20. Prior to the commencement of construction of the area south of Presidential Drive, construct a traffic signal at the Eagle/Pine intersection. Provide and install Opticom device (an optical communication device for emergency vehicle pre-emption of the signal operation) as part of the signal installation. The District will provide the materials for the signal (with the exception MCU1798.COM Page 14 of the Opticom device) as its share of the entire Pine Avenue construction from Eagle Road to the east boundary of the development. Submit the signal design to District staff for approval prior to construction. Should the ACHD roadway project to extend Pine Avenue from Eagle Road to Cloverdale Road precede the development expansion south of Presidential Drive, all features related to Pine Avenue are to be constructed by the applicant prior to the building permit issuance for the development south of Presidential Drive or the cost therefor paid to the District. Specifically, this includes the extra left -turn lanes onto and off of Eagle Road and into the full access driveway from Pine Avenue into the development. 21. Reconstruct the western median in Presidential Drive to provide a left turn lane at the entrance to the project site (at the store fronts). Provide a minimum of 100 -feet of storage area for the new turn lane. Coordinate the roadway design with District staff. 22. Construct a full access driveway on Presidential Drive as proposed 340 -feet east of Eagle Road. The driveway width should be limited to 30 -feet. The minimum storage length should be 50 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 23. Construct a full -access driveway connection to Presidential Drive at the midpoint between Eagle Road and the project roadway in front of the stores. The minimum storage length should be 50 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 24. Construct a full access driveway on Presidential Drive as proposed 620 -feet east of Eagle Road. The driveway width should be limited to 30 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 25. Reconstruct the westbound approach at the Eagle Road/Presidential Drive intersection to provide two westbound travel lanes. Coordinate the roadway design with District staff. 26. Construct deceleration tapers at each of the driveways on Eagle Road. Coordinate the design with ITD staff. 27. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Pine Avenue or Fairview Avenue is prohibited. 28. Construct a full access driveway on Records Drive as proposed 175 -feet south of Fairview Avenue, limited to 30 -feet of driveway width. The minimum storage length should be 50 -feet. Install a 36 by 36" high intensity STOP sign at the driveway's intersection with Records Drive. 29. Construct a full access driveway on Records Drive as proposed 300 -feet south of Fairview Avenue, limited to 30 -feet of width. The minimum storage length should be 50 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. 30. Construct a full access driveway on Records Drive as proposed 500 -feet south of Fairview Avenue, limited to 30 -feet of driveway width. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. 31. Construct a full access driveway on Records Drive as proposed 800 -feet south of Fairview Avenue, limited to 30 -feet of driveway width. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. MCU 1798.COM Page 15 ~ 32. Construct a right-in/right-out driveway on Pine Avenue 175 -feet east of Eagle Road, limited to a driveway width of 30 -feet. The minimum storage length shall be 100 -feet. Install a 36" by 36 high intensity STOP sign at the driveway's intersection with Pine Avenue. A median island shall be installed in Pine Avenue from the stop bar at Eagle Road to a point 50 -feet east of the driveway. 33. Construct a fu4I access driveway on Pine Avenue as proposed 340 -feet east of Eagle Road, limited to 30 -feet of driveway width. The minimum storage length should be 100 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. 34. Construct a full access driveway on Pine Avenue as proposed 620 -feet east of Eagle Road, limited to a driveway width of 30 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Pine Avenue. 35. Construct and install traffic calming facilities on Presidential Drive beginning at the eastern property line of the development and extending through the intersection with Fillmore Way. Coordinate the design and placement of the calming facilities with District staff and the Crossroads Subdivision Owners Association. 36. Modify the site plan to create a vehicular way behind the pads fronting on Fairview Avenue and Eagle Road (approximately 100 -feet into the site) to connect Records Drive and Pine Avenue. Install curb returns at the intersections of this vehicular way with Records Drive and Presidential Drive. Install STOP signs on the access aisles intersecting with this vehicular way and install STOP signs on the vehicular way at its intersections with Records Drive, the five major driveways into the site, Presidential Drive and Pine Avenue. Coordinate the location of the vehicular way with District staff. f 4 Ke- /� u i d Qiinn r �ii S� li ' u Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically id n i each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity, The written request hall be submitted to the District no later than 9700 a m on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two weeks of the action and shall include a minimum fee of $110.00. The request for reconsideration shall data that was not available to the Commission at the time of its original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. MCU1798.COM Page 16 1 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. MCU1798.COM Page 17 09/19/2000 15:46 208-38--393 ACHD PLANNING -- PAGE 01/01 Ada County_H_ighway District INTER -OFFICE MEMO Traffic Department Planning & Development Division M September 19,2000 TO: Daunt Whitman C°��` hL�✓� Building Official _ ig;L RECEIVED FROM: S ? 19 2000 ivision OW Off° AE IDL SUBJECT: Crossroads Shopping Center Please be advised that the District and the developer of the Crossroads Shopping Center have entered into development agreements identifying the responsibilities of the developer with regard to the construction of improvements to the transportation system specified by the District in its original approval. This assures the completion of the improvements required by the City and the District. With this assurance, the District no longer has a reason to request the City to withhold issuance of building permits. If you have any questions, please feel free to call me at 387-6172 for clarification. cc: Chron Project File Gary Inselman Christy Richardson Terry Little postFax Note 7671 Date Q pageof s► y-it* Tb / t7 W F Co./Dept. DA r -A Co. /� C 0 0 Phone # Phone X / Fax L3 y _ q q, l Fax x-3 E5 Dstechlmisc\xroads450ksfrelease doc BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A CARL'S JR RESTAURANT WITH DRIVE THRU GREENSTAR FOODS Sz TFCM/DAKOTA COMPANY, Applicant FILE COPY Case No. CUP -00-042 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on September 19, 2000, at the hour of 7:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and representatives of the Planning and Zoning Administrator appeared and testified, and the Applicant appearing and testifying, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to -wit: FINDINGS OF FACT FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT FOR A CARL'S JR RESTAURANT WITH DRIVE THRU / (CUP -00-042) 1 FILE COPY BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE ) Case No. CUP -00-042 REQUEST FOR CONDITIONAL ) USE PERMIT FOR A CARL'S JR ) FINDINGS OF FACT AND RESTAURANT WITH DRIVE ) CONCLUSIONS OF LAW AND THRU ) DECISION AND ORDER GRANTING CONDITIONAL GREENSTA.R FOODS SL ) USE PERMIT TFCM/DAKOTA COMPANY, ) Applicant The above entitled conditional use permit application having come before the City Council on September 19, 2000, at the hour of 7:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and representatives of the Planning and Zoning Administrator appeared and testified, and the Applicant appearing and testifying, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to -wit: FINDINGS OF FACT FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT FOR A CARL'S JR RESTAURANT WITH DRIVE THRU / (CUP -00-042) 1 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the September 19, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an I -L zone, by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at Meridian Crossroads Shopping Center, Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT FOR A CARL'S JR RESTAURANT WITH DRIVE THRU / (CUP -00-042) -2 4. The property is located at Meridian Crossroads Shopping Center, Meridian, Idaho. 5. The owner of record of the subject property is TFCM Associates, LLC of Beachwood, Ohio. 6. Applicant is Greenstar Foods of Boise c/o Dakota Company of Boise. 7. The subject property is currently zoned I -L. The zoning district of I -L is defined within the City of Meridian Zoning and Development Ordinance, Section 1I- 7-2. 8. The proposed application requests a conditional use permit for a Carl's Jr. restaurant with drive-thru window and related improvements. The I -L zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT FOR A CARL'S JR RESTAURANT WITH DRIVE THRU / (CUP -00-042) -3 Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 12.1 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 12.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinances 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 12.3 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance 11-13 . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT FORA CARL'S JR RESTAURANT WITH DRIVE THRU / (CUP -00-042) -4 i-. 12.4 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance 11-13 -4 and in accordance with Americans with Disabilities Act (ADA) requirements. 12.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas as per City Ordinance 11-13-4.B.4. All site drainage shall be contained and disposed of on-site. 12.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 12.7 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance 11-14. No temporary signage, flags, banners or flashing signs will be permitted. 12.8 Provide five -foot -wide sidewalks in accordance with City Ordinance 12-5- 2.IC 12.9 All construction shall conform to the requirements of the Americans with Disabilities Act (ADA). 12.10 Sanitary sewer and water service to this site will be provided by extension of existing lines within the Family Center. The Sewer Department require a minimum 1,000 gallon exterior interceptor for this project. 12.11 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 12.12 Underground pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Landscape irrigation shall be via the pressurized irrigation system being installed in the Family Center. 12.13 A detailed landscape plan was submitted with the application and is approved as part of this CUP. Verification of the location of the two additional Turkish Filbert trees shown on sheet L-1 must be submitted with the Certificate of Zoning Compliance application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT FOR A CARL'S JR RESTAURANT WITH DRIVE THRU / (CUP -00-042) -5 12.14 The proposed 12 -foot drive aisles for the drive-thru are subject to Meridian Fire Department approval. 12.15 Coordinate screened trash enclosure location and construction requirements with Sanitary Service Company. Submit a letter of approval from Sanitary Services Corp. (SSC) when applying for a building pen -nit. All trash areas are to be enclosed by a screening fence on at least three (3) sides. 12.16 The proposed pedestrian walkway is less than five feet wide behind the trash enclosure. Applicant shall modify the site plan to provide continuous five-foot wide sidewalks as per Ordinance 12-5-2.K. 12.17 Dimensions of all standard parking stalls shall conform to minimum dimensions as per city ordinance. City ordinance requires 9 X 19 standard stalls and 25 -foot -wide minimum driveways. All handicap -accessible parking spaces must meet minimum dimension and signage requirements per ADA standards. 12.18 Freestanding signs for the project will be limited to the single monument sign shown on the plan. All signage will be subject to design review and requires separate permits. Any temporary or A -frame signs shall be prohibited as a condition of approval, and will be removed upon 3 days notice. 13. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the "Generalized Land Use Map" as "Existing Urban". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT FOR A CARL'S JR RESTAURANT WITH DRIVE THRU / (CUP -00-042) -6 and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT FOR A CARL'S JR RESTAURANT WITH DRIVE THRU / (CUP -00-042) MOM of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3) a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT FORA CARL'S JR RESTAURANT WITH DRIVE THRU / (CUP -00-042) f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fiunes, glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in a Light Industrial District (I -L), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT FOR A CARL'S JR RESTAURANT WITH DRIVE THRU / (CUP -00-042) Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT FORA CARL'S JR RESTAURANT WITH DRIVE THRU / (CUP -00-042) - 10 DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: That the above named applicant is granted a conditional use permit for construction of a a Carl's Jr. restaurant with drive-thru window and related improvements in an I -L zone at Meridian Crossroads Shopping Center, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.1 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinances 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 1.3 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance 11-13. 1.4 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance 11-13-4 and in accordance with Americans with Disabilities Act (ADA) requirements. 1.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas as per City Ordinance 11-13-4.B.4. All site drainage shall be contained and disposed of on-site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT FOR A CARL'S JR RESTAURANT WITH DRIVE THRU / (CUP -00-042) - 11 1.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 1.7 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance 11-14. No temporary signage, flags, banners or flashing signs will be permitted. 1.8 Provide five -foot -wide sidewalks in accordance with City Ordinance 12-5- 2.K. 1.9 All construction shall conform to the requirements of the Americans with Disabilities Act (ADA). 1.10 Sanitary sewer and water service to this site will be provided by extension of existing lines within the Family Center. The Sewer Department require a minimum 1,000 gallon exterior interceptor for this project. 1.11 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 1.12 Underground pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Landscape irrigation shall be via the pressurized irrigation system being installed in the Family Center. 1.13 A detailed landscape plan was submitted with the application and is approved as part of this CUP. Verification of the location of the two additional Turkish Filbert trees shown on sheet L-1 must be submitted with the Certificate of Zoning Compliance application. 1.14 The proposed 12 -foot drive aisles for the drive-thru are subject to Meridian Fire Department approval. 1.15 Coordinate screened trash enclosure location and construction requirements with Sanitary Service Company. Submit a letter of approval from Sanitary Services Corp. (SSC) when applying for a building permit. All trash areas are to be enclosed by a screening fence on at least three (3) sides. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT FOR A CARL'S JR RESTAURANT WITH DRIVE THRU / (CUP -00-042) - 12 1. 16 The proposed pedestrian walkway is less than five feet wide behind the trash enclosure. Applicant shall modify the site plan to provide continuous five-foot wide sidewalks as per Ordinance 12-5-2.K. 1.17 Dimensions of all standard parking stalls shall conform to minimum dimensions as per city ordinance. City ordinance requires 9 X 19 standard stalls and 25 -foot -wide minimum driveways. All handicap -accessible parking spaces must meet minimum dimension and signage requirements per ADA standards. 1.18 Freestanding signs for the project will be limited to the single monument sign shown on the plan. All signage will be subject to design review and requires separate permits. Any temporary or A -frame signs shall be prohibited as a condition of approval, and will be removed upon 3 days notice. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT FOR A CARL'S JR RESTAURANT WITH DRIVE THRU / (CUP -00-042) - 13 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the '?/ A day of 2000. ROLL CALL: COUNCILMAN RON ANDERSON COUNCILPERSON KEITH BIRD COUNCILMAN TAMMY deWEERD COUNCILMAN CHERIE McCANDLESS VOTED VOTED VOTED L 14— VOTED_ MAYOR ROBERT D. CORRIE (TIE BREAI(ER) VOTED DATED:-�O FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT FOR A CARL'S JR RESTAURANT WITH DRIVE THRU / (CUP -00-042) 14 MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By: City Clerk i ey/Z:\Work\M\Meridian 15360M\Cart's Jr. CUP042\CUPFindings042.wp Dated: ld9--�;—tI2,Ll FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT FORA CARL'S JR RESTAURANT WITH DRIVE THRU / (CUP -00-042) - 15 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A CARL'S JR RESTAURANT WITH DRIVE THRU GREENSTAR FOODS & TFCNWAKOTA COMPANY, Applicant Case No. CUP -00-042 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 19`' day of September, 2000, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant is granted a conditional use pen -nit for construction of a Carl's Jr. restaurant with drive-thru window and related improvements, subject to the following conditions of use and development, as follows: Adopt the Recommendations of the Planning and Zoning and Engineering staff 1.1 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public ORDER GRANTING CONDITIONAL USE PERMIT / (CUP -00-042) - Works Department. No variances have been requested for tiling of any ditches crossing this project. 1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinances 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 1.3 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance 11-13. 1.4 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance 11-13-4 and in accordance with Americans with Disabilities Act (ADA) requirements. 1.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas as per City Ordinance 11-13-4.B.4. All site drainage shall be contained and disposed of on-site. 1.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 1.7 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance 11-14. No temporary signage, flags, banners or flashing signs will be permitted. 1.8 Provide five -foot -wide sidewalks in accordance with City Ordinance 12- 5-2.K 1.9 All construction shall conform to the requirements of the Americans with Disabilities Act (ADA). 1.10 Sanitary sewer and water service to this site will be provided by extension of existing lines within the Family Center. The Sewer Department require a minimum 1,000 gallon exterior interceptor for this project. ORDER GRANTING CONDITIONAL USE PERMIT / (CUP -00-042) - 2 1.1I Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 1.12 Underground pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Landscape irrigation shall be via the pressurized irrigation system being installed in the Family Center. 1.13 A detailed landscape plan was submitted with the application and is approved as part of this CUP. Verification of the location of the two additional Turkish Filbert trees shown on sheet L-1 must be submitted with the Certificate of Zoning Compliance application. 1.14 The proposed 12 -foot drive aisles for the drive-thru are subject to Meridian Fire Department approval. 1.15 Coordinate screened trash enclosure location and construction requirements with Sanitary Service Company. Submit a letter of approval from Sanitary Services Corp. (SSC) when applying for a building permit. All trash areas are to be enclosed by a screening fence on at least three (3) sides. 1.16 The proposed pedestrian walkway is less than five feet wide behind the trash enclosure. Applicant shall modify the site plan to provide continuous five-foot wide sidewalks as per Ordinance 12-5-2.K 1.17 Dimensions of all standard parking stalls shall conform to minimum dimensions as per city ordinance. City ordinance requires 9 X 19 standard stalls and 25 -foot -wide minimum driveways. All handicap - accessible parking spaces must meet minimum dimension and signage requirements per ADA standards. 1.18 Freestanding signs for the project will be limited to the single monument sign shown on the plan. All signage will be subject to design review and requires separate permits. Any temporary or A -frame signs shall be prohibited as a condition of approval, and will be removed upon 3 days notice. ORDER GRANTING CONDITIONAL USE PERMIT / (CUP -00-042) - 3 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the kday of ac,,6 6e --L- M Come, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department d City Attorney. ,+Yrrrrrrr�rrxr,�� ` OF By.Dated: City Cleric ey/Z.\Work\rvAMeMian 15360M4Cads Jr. CUP042\CUPa& 042.wpd ORDER GRANTING CONDITIONAL USE PERMIT / (CUP -00-042) - 4 i BEAL t to Meridian City Council Mee' September 19, 2000 Page 72 Flood Plain Overlay District currently in an I -L zone — North Baltic Place in the Meridian Business Park Corrie: Item 15 is tabled from September 5, 2000: CUP 00-004 — a request a to construct a 4,125 square foot tilt -up concrete building for Eagle Concrete Pumping by Rod and Sheri Eisele in a Flood Plain Overlay District currently in an I -L zone. Council, discussion on the request? Hearing none. I'll entertain a motion on the request for Conditional Use Permit on Item no. 15. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion that we approve the Conditional Use Permit request to construct a 4,125 square foot tilt -up concrete building for Eagle Concrete Pumping by Rod and Sheri Eisele in a Flood Plain Overlay District currently in an I -L zone on North Baltic Place in Meridian Business Park and instruct the City Attorney to draw up the appropriate Findings of Facts and Conclusions of Law and Decision of Order and subject to staff comments. Bird: Second. Corrie: Okay. Motion made and seconded to approve the CUP 00-004 and have the attorney draw up the Findings of Facts and Conclusions of Law and approval and the Decision of Order to be done at the same time with staff comments. Any other discussion? Hearing none. Roll -call vote, Mr. Berg. Roll -call: De Weerd, aye; Bird, aye; McCandless, aye; Anderson, aye. MOTION CARRIED: ALL AYES. Item 16. Tabled from September 5, 2000: CUP 00-042 Request for a Conditional Use Permit to construct a Carl's Jr. Restaurant with a drive-thru window by Greenstar Foods and TFCM currently in an I -L zone — located on Pad P-3 at the Meridian Crossroads Center: Corrie: Item No. 16 — tabled from September 5, 2000: CUP 00-042 — request for a Conditional Use Permit to construct a Carl's Jr. Restaurant with a drive-thru window by Greenstar Foods and TFCM currently in an I -L zone — located on Pad P-3 at the Meridian Crossroads Center. Staff, any comments here? Stiles: Mr. Mayor and Council, this is in the Family Center, where Carl's Jr. would be located at this location in this Family Center site, roughly inline with Florence Street. We would recommend approval with staff conditions. Questions? Meridian City Council Meer September 19, 2000 Page 73 Corrie: Applicant have any questions or statements? Bauwens: Mayor, members of the Council. Tom Bauwens with Dakota Company, 380 East Park Center Boulevard, Boise. Due to the lateness of the hour, I'll be brief. We've read the recommendations of the Planning and Zoning Commission and in full agreement with all of the conditions except no. 1.110 — I think can now be eliminated from the Conditions of Approval. We would like to enter into the record a memo we received this date from Larry Sales at the Highway District lifting the mandate of the 450,000 square foot. We've worked everything out with the Highway District and they're now prepared to continue releasing building permits on the site. And then I'd also like to draw the Council's attention to Conditions 1.20 through 1.56 which are basically verbatim from the original Conditional Use Permit on the project and the vast majority of those conditions have already been completed and we're now in the midst of design work and should be under construction hopefully late this year and those that are required after the 450,000 square foot threshold. If there are any questions — Corrie: Okay. Thank you. Anyone else in the public? Council, you've heard from staff and also the applicant. Where would you like to go? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we approve the Conditional Use Permit to construct a Carl's Jr. Restaurant with a drive-thru window by Greenstar Foods, TFCM, currently in an I -L zone, located at Pad P-3 at the Meridian Crossroads Center and for the attorney to draw up the appropriate Findings of Facts and Conclusions of Law and Decision of Order and to include staff comments and also eliminate Item 1110 and also 120 to 56 which has already been done. McCandless: Second. Corrie: Okay. Motion made and seconded to approve the request for Conditional Use Permit No. 00-042, Carl's Jr. Restaurant and have the attorney draw up the Findings of Facts and Conclusions of Law with staff comments and the elimination of Item No. 1.10 and 1.20 to 1.56. Any further discussion? Hearing none. Roll -call vote, Mr. Berg. Roll -call: Bird, aye; McCandless, aye; Anderson, aye; De Weerd, aye. MOTION CARRIED: ALL AYES. Bauwens: Mr. Mayor, can I ask a question? Corrie: Yes. Meridian City Council Mee September 19, 2000 Page 74 Bauwens: I'm Mr. Bauwens. I think it would be helpful if we could get a copy of the Development Agreement so that we could see what the conditions of — because I think we're going to have a plat coming in that southwest corner of your development that's going to include a traffic signal at Pine and the improvement at Pine. Okay. Thank you. Item 17. Tabled from September 5, 2000: FP 00-016 Request for Final Plat approval of 38 building lots and 1 other lot on 11.05 acres for Packard Subdivision No. 4 by Packard Estates Development, LLC — southeast quarter, Section 5, T3N, R1 E: Corrie: Item No. 17 is tabled from September 5, 2000. This is a request for Final Plat No. 00-016 — approval of 38 building lots and 1 other lot on 11.05 acres for Packard Subdivision No. 4 by Packard Estates Development, LLC. Staff. Stiles: Mr. Mayor and Council, this is for the final phase of Packard Estates Subdivision. It would be on the southeast corner of the approximate 40 acre peace here. With this approval, they can get these ditch problems cleared up hopefully and we recommend approval with staff conditions. Thanks. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Shari, this isn't Wind Gate Lane one, is it. Stiles: No. Wind Gate Lane would actually be up here. The Development Agreement that was on the Agenda tonight dealt with the Wind Gate Lane issue and we'll be seeing Phase Two of what they call Packard Acres now in two weeks that would border Vern Almond and the south slue there. Corrie: Any further discussion? Bird: I have none. Corrie: I'll entertain a motion on the request for Final Plat, No. 00-016. Bird: Mr. Mayor. I move that we approve the Final Plat approval of 38 building lots and 1 other lot on 11.05 acres for Packard Subdivision No. 4 of Packard Estates Development, LLC, southeast corner, section 5, T3N, R1 E with staff comments and the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Corrie: Do I hear a second on the motion? Anderson: Second. September 28, 2000 CUP 00-042 MERIDIAN CITY COUNCIL MEETING October 3, 2000 APPLICANT Greenstar Foods and TFCM ITEM NO. Q REQUEST Request for a CUP to construct a Carl's Jr. Restaurant with a drive-thru window in an I -L zone - Pad P-3 in the Meridian Crossroads Center AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Findings CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: , INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: Zt title rlS Date: i Phone: -3µ:3--!S ZZ2-,) C,D, M er als presented at public meetings shall become property of the City of Meridian. PIP interoffice MEMORANDUM To: William G. Berg, Jr. From: William F. Nichols 4 Subject: Carl Jr. Restaurant at Crossroads Shopping Center File No.: CUP -00-042 Date: September 29, 2000 PCEIVEI) SEP 2 9 2000 CITY OF mERIDIAN Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING A CONDITIONAL USE PERMIT, pursuant to action of the Council at their September 19, 2000, meeting. The Findings will be on the Council's agenda for their October 3, 2000, meeting. I have also attached the original of the ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT, if the Council approves the FINDINGS. Please serve copies of both documents upon the Applicant and appropriate departments. If you have any questions please advise. ey/Z.\Work\M\Meridian 15360M\Carfs Jr. CUP042\ September 28, 2000 CUP 00-042 MERIDIAN CITY COUNCIL MEETING October 3, 2000 APPLICANT Greenstar Foods and TFCM ITEM NO. Q REQUEST Request for a CUP to construct a Carl's Jr. Restaurant with a drive-thru window in an I -L zone - Pad P-3 in the Meridian Crossroads Center AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Findings CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ' ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: ) ✓,V K Date: ) ? Phone: ::�>2 -3 2-Z Materials presented at public meetings shall become property of the City of Meridian. Project Name: Carls Jr CITY CLERK FILE CHECKLIS-i File No. CUP -00-042 Contact Name: Dakota Company Phone: 343-5223 Date Received from Planning and Zoning Department: July 18, 2000 Planning and Zoning Level: Hearing Date: August 8, 2000 Transmittals to agencies and others: July 18, 2000 0 Notice to newspaper with publish dates: 21 -Jul -00 and 4 -Aug -00 Certifieds to property owners:�t Planning and Zoning Commission Recommendation: ❑ Approve ❑Deny Notes: City C Council Level: Notes: Transmittals to agencies and others: Notice to newspaper with publish dates: Certifieds to property owners: Hearing Date: City Council Action: ❑ Approve Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: ❑ Approved by Council: ❑ Copies Disbursed: ❑ Findings Recorded Development Agreement: ❑ Sent for signatures: ❑ Signed by all parties: ❑ Approved by Council: ❑ Recorded: ❑ Copies Disbursed: Ordinance No. Resolution No. ❑ Approved by Council: ❑ Recorded: Deadline: 10 days ❑ Published in newspaper: ❑ Copies Disbursed: and ❑ Deny Resolutions: Original ResI Copy Cert: Minutebook Copy Res I Copy Cert: City Clerk City Engineer City Planner City Attorney Sterling Codifiers Project File Copy Res I Original Cert: Ada County (CPAs) Applicant (non -CPAs) Recorded Ordinances: Original: Minutebook Copies to: CityClerk State Tax Comm. State Treasurer, Auditor, Assessor Sterling Codifiers City Attorney City Engineer City Planner Project file Applicant (if appl.) Findings I Orders: Original: Minutebook Copies to: Applicant Project file City Engineer City Planner City Attorney •' Record Vacation Findings •• Recorded Development Agreements: Original: Fireproof File Copies to:Appiicant Project file City Engineer City Planner City Attorney TRANSMITTALS 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 1, 2000 Transmittal Date: July 18, 2000 Hearing Date: August 8, 2000 File No.: CUP -00-042 Request: Conditional Use Permit for a Carls Jr. with a drive -up window By: Greenstar Foods and TFCM/Dakota Company Location of Property or Project: Pad P-3 at the Meridian Crossroads Center Sally Norton, P/Z Bill Nary, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 31 AZ - 27 Your Concise Remarks: Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department HUB OF TREASURE VALLEY LEGAL DEPARTMENT MAYOR A Good Place to Live (208) 288-2499 • Fax 288-2501 Robert D. Corrie CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO (208) 887-2211 • Fax 887-1297 MERIDIAN, IDAHO 83642 Keith Bird (208) 888-4433 •Fax (208) 887-4813 PLANNING AND ZONING Tammy deWeerd City Clerk Office Fax (208) 888-4218 DEPARTMENT Cherie McCandless (208) 884-5533 - Fax 888-6854 TRANSMITTALS 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 1, 2000 Transmittal Date: July 18, 2000 Hearing Date: August 8, 2000 File No.: CUP -00-042 Request: Conditional Use Permit for a Carls Jr. with a drive -up window By: Greenstar Foods and TFCM/Dakota Company Location of Property or Project: Pad P-3 at the Meridian Crossroads Center Sally Norton, P/Z Bill Nary, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 31 AZ - 27 Your Concise Remarks: Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: 6stq Ns nye F'000s � Tr --c rn Assou nTrs LTV PHONE: 313 + S2 Z-3 C/o ,DRtcoTA Com pA,JY, z-.Jc. ADDRESS: 3Sfo c, ?AJZ1CC6,,%&Z. f3 LVD, 9 10 GENERAL LOCATION: Met?.L011.1 C110S59OS Shope'1�7 lE -`e" ✓"/�A .� 9, DESCRIPTION OF PROPOSED CONDITIONAL USE: C A ►z C 5 -71a- Li 3R.W 11A% 9-1,1vE L) wiivoou,) I-ocATE-P 07V'Bula.'IW . �Av P-3 w,ri,,N �+ e m �R �,�iA�✓ C,2vss�zo v elz ZONING CLASSIFICATION: -_c — L w 1 C o'va 1 -47oOVA L US F port"' I— I I certify that the information contained herein is true and correct. ,C'G�trJ�ifissx�9,�5 LLQ ignature of Applicant RCL eo*a Social Security Number 3 44-46-3970 LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by the property generally described as located at SUBDIVISION, BLOCK , LOT TO for Sent By: *; 208 343 4954; Jul -10-00 12:28PM; Page 2 DAKOTA C,Qh1PANY. INC:. FAX -0 -GRAM July 10, 2000 To: Mr. Steve Siddoway - City Of Meridian From: Tom Bauwens Dakota Company, Inc. For Developers Diversified Realty Corp. RE: Meridian Crossroads Shopping Center - Pad P-2 Cart's Jr. Conditional Use Permit Application Ownership Question Steve: Attached is a document we used with ACHD for the ownership question. TFCM and Hermes as subsidiaries of Developers Diversified Realty Corp., which is the General Partner. Ms. Joan Allgood is Vice President of the Corporation and signs for all the entities. TFCM Associates, LLC A Utah Limited Liability Company By DDR Family Centers LP, (Member Manager) By Developers Diversified Realty Corporation, (General Partner) Hermes Associates, LTD A Utah Limited Liability Company By DDR Family Center LP, (Member Manager) By Developers Diversified Realty Corporation (General Partner) 1 hope this provides the information you need- PHONE eed. PHONE (204) 343 b223 FAX (208) 34J 44fi4 .380 EAST PARKCENIER FIND SI)ITF 100 KAU. IDAHO 83706 ,^N DAKOTA COMPANY, INC. June 30, 2000 Ms, Shari Stiles Planning Director/Zoning Administrator City Of Meridian 200 East Carlton Suite 201 Meridian, Idaho 83642 RE: Meridian Crossroads Shopping Center Conditional Use Permit Application - Pad P-3 Carl's Jr. Restaurant With Drive -Up Window Dear Shari: Enclosed is a Conditional Use Permit application for the P-3 Building Pad within the Meridian Crossroads Shopping Center, for the development of a Carl's Jr. Restaurant with a drive -up window. All of the required documentation along with the application fee is enclosed. Please review. Should the application be deficient please let me know. Thank you for your cooperation. Sincerely, Z� ae�� Tom Bauwens Dakota Company, Inc. For Developers Diversified Realty Corp. & TFCM Associates, LLC ■ PHONE (208) 343-5223 FAX (208) 343-4954 380 EAST PARKCENTER BLVD. SUITE 100 BOISE, IDAHO 83706 TFCM Associates, LLC Hermes Associates, Ltd By Developers Diversified Realty Corp. And Carl's Jr. Conditional Use Permit Application Pad P-3 Meridian Crossroads Shopping Center Carl's Jr. Restaurant With Drive -Up Window 1.) Applicant: Greenstar Foods 3413 North Cole Road Suite #128 Boise, Idaho 83704 Phone: 208-938-2044 E -Mail: Carls Boise @ aol.com Care Of : Dakota Company, Inc. 380 E. Parkcenter Blvd. Suite 100 Boise, Idaho 83706 Phone: 208-343-5223 Fax: 208-343-4954 Contact: Tom Bauwens 2.) Subject Property: Pad P-3 Within Meridian Crossroads Shopping Center Southeast Corner Eagle Road & Fairview Avenue 3.) Property Owners: TFCM ASSOCIATES, LLC a Utah limited liability company 3300 Enterprise Parkway Beachwood, Ohio 44122 Phone: 216-755-5656 See Attached "Affidavit Of Legal Interest" and Lease 4.) Legal Description: Pad P-3 within Meridian Crossroads Shopping Center See attached legal descriptions 5.) Existing Use: Meridian Crossroads Shopping Center. Pad P-3 is vacant 6.) Proposed Use: Construction of Carl's Jr. Restaurant with drive -up window. Conditional Use Permit Application Pad P-3 - Meridian Crossroads Shopping Center page 2/2 7.) Zoning: Meridian Crossroads Shopping Center between Pine Street and Records Avenue is currently zoned I -L with a Conditional Use Permit. A requirement of the original CUP is that any pad developed with a drive -up window required an additional Conditional Use Permit. 8.) Site Characteristics: The site is a vacant existing building Pad P-3 within the Meridian Crossroads Shopping Center. All perimeter site improvements and landscaping have been completed. 9.) City Services: The Applicant agrees to pay any additional sewer, water or trash fees or charges, if any associated with the use of the property as developed for a shopping center. 10.) Public Hearing: The Applicant will post the subject property with a "Notice of Public Hearing" one week prior to the City Of Meridian Planning & Zoning Commission meeting, that the Applicant has applied for a Conditional Use Permit and a Public Hearing will be held. The notice will contain the name of the Applicant, description of the Conditional Use Permit application and the time and place of the Public Hearing. 11.) Vicinity Map: 12.) Site Plan: 13.) Landscape Plan: 14.) Building Elevation: See attached. See attached. See attached. See attached building elevation views and materials. 15.) Traffic Analysis: Traffic impact is consistent with originally submitted traffic analysis prepared by Dobie Engineering and approved by ACHD. 16.) Signage: One monument sign is shown for the pad. Design is per previously approved sign program for Shopping Center. See site plan for location. 17.) Mailing List: See attached. Building Pad P-3 Characteristics That Makes A Conditional Use Permit Desirable The drive -up window is necessary for a fast food type restaurant. The fast food business is driven by convenience, access, and speed. A drive -up window is necessary for all three of these. Carl's Jr. does more than 50% of its business through the drive -up window. The Conditional Use Permit issued by the City Of Meridian for the Development of the Meridian Crossroads Shopping Center required and any free standing pad building with a drive -up window required additional review and a additional Conditional Use Permit. a oNEE cc HURRLE ENGINEERING, INC. 9550 Bethel Court . Boise, Idaho 83709 Project No. 9925000 BOUNDARY DESCRIPTION FOR PHASE 1 FAMILY CENTER, MERIDIAN 208/322-8992 . Fax 208/378-0329 January 4, 2000 A parcel of land located in the Northwest 1/4 of Section 9, T.3N., R.1.E., B.M., Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest comer of said Section 9 from which the West 1/4 corner of said Section 9 bears South 01'08'42" West, 2649.45 feet; thence South 64°35'27" East, 200.42 feet to a point on the southerly right-of-way line of West Fairview Avenue, as described by Exhibit "B" of warranty deed Instrument No. 99072864, Records of said Ada County, said point being the REAL POINT OF BEGINNING; thence along said southerly right-of-way line South 89022'10 East ", 317.30 feet; thence North 87°53'02" East, 500.81 feet; thence South 89°22'10" East, 954.73 feet; thence leaving said southerly right-of-way line and along the westerly right-of-way line of Records Avenue, as described by Exhibit "C" of said warranty deed Instrument No. 99072864, the following courses: thence South 44°28'35" East, 41.07 feet; thence South 0025'00" West, 344.46 feet; thence South 9°55'31" East, 69.63 feet; thence South 00024'57" West, 241.74 feet to a point on a non -tangent curve to the left; thence along said curve 54.02 feet, said curve having a radius of 199.89 feet, a central angle of 15°29'04" and a long chord of 53.86 feet which bears South 8°58'50" East; thence South 18008'07" East, 80.48 feet; thence South 07°20'43" East, 10.42 feet to a point on the northerly boundary of Crossroads Subdivision No. 5, as filed in Book 75 of Plats at pages 7779 and 7780, records of Ada County, Idaho; thence leaving said westerly right-of-way line and along said northerly boundary of Crossroads Subdivision No. 5, North 89°35'32" West, 228.44 feet to the northeast comer of Crossroads Subdivision No. 4, as filed in Book 73 of Plats at Pages 7519 and 7520, records of Ada County, Idaho; thence leaving said northerly boundary and along the northerly boundary of said Crossroads Subdivision No. 4, North 89035'32" West, 796.15 feet to an angle point thereon; thence South 01 °08'13" West, 62.50 feet to an angle point thereon; thence North 88°51'47" West, 287.81 feet along said northerly boundary to the northwest corner of said Crossroads Subdivision No. 4; thence leaving said northerly boundary line and along the westerly boundary line of said Crossroads Subdivision No. 4 South 01°08'13" West, 291.48 feet to the most northwesterly corner of Crossroads Subdivision No. 1, as filed in Book 65 of Plats at Pages 6644 and 6645 records of Ada County, Idaho; thence leaving said westerly boundary and along the westerly boundary of said Crossroads Subdivision No. 1, South 01°08'13" West, 620.13 feet to a point on a non -tangent curve to the left, said point also being on the northerly right-of-way line of E. Presidential Drive; thence leaving said westerly boundary line and along said curve and said northerly right- of-way line 205.24 feet, said curve having a radius of 258.82 feet, a central angle of 45026'02" and a long chord of 199.90 feet which bears North 66°08'49" West; thence North 88°51'50" West, 445.36 feet to a point on a tangent curve to the right; thence along said curve to the right 47.13 feet, said curve having a radius of 30.00 feet, a central angle of 90000'32" and a long chord of 42.23 feet which bears North 43051'34" West, to a point of intersection with said curve and the easterly right-of-way line of Eagle Road as described in warranty deed Instrument No. 8857970, records of said Ada County; thence leaving said northerly right-of-way line and along said easterly right-of-way line North 1008'42" East, 1589.72 feet to an angle point thereon; thence North 58'10'31" East, 134.35 feet to the Real Point of Beginning, contains 50.11 acres, more or less. J/MeridianCrossroads2/PJStvw/FamilyCenter-Boundary Des Prepared by: HUBBLE ENGINEERING, INC. Patrick J. Scheffler, P.L.S. Pala 2 cf'_ Sent By: *; 208 343 4954; Jul -10-00 12:28PM; Page 2 DAKOTA CCN1PANY.INC. FAX -0 -GRAM July 10, 2000 To: Mr. Steve Siddoway - City Of Meridian From: Tom Bauwens Dakota Company, Inc. For Developers Diversified Realty Corp. RE: Meridian Crossroads Shopping Center - Pad P-2 Carl's Jr. Conditional Use Permit Application Ownership Question Steve, Attached is a document we used with ACRD for the ownership question, TFCM and Hermes as subsidiaries of Developers Diversified Realty Corp., which is the General Partner, Ms_ Joan Allgood is Vice President of the Corporation and signs for all the entities. TFCM Associates, LLC A Utah Limited Liability Company By DDR Family Centers LP, (Member Manager) By Developers Diversified Realty Corporation, (General Partner) Hermes Associates, LTD A Utah Limited Liability Company By DDR Family Center LP, (Member Manager) By Developers Diversified Realty Corporation (General Partner) 1 hope this provides the information you need. ■ PHONE ;208) 343 522.3 FAX (208) 343 4954 380 EAST PARKC EN1ER BLVD $UITF 100 80ISL IDAHO 83700 Sent By: *; 208 343 4954; _41 Coantq,__-1Uiq1UU Sherry R. Huber. President Judy Peavey -Derr, Vice President Marlyss Meyer Routson, Secretary Dave Bivens, Commissioner Susan S. Eastlake. Commissioner Jul -10-00 12:28PM; Page 3 2)i3trict 318 East 37th Street Garden City. Idaho 83714-6499 Phone (208) 387-6100 Fax (208) 387-6391 e-mail: tellus@achd.ada.id_us DATE RECORDED 7/22.99 RNSTRUMFN•I' # 99072864 BOOK 1, T PAGE(S) .d ROAD INIPAC'T FEE OFFSET AGREEMENT NO. IFA -1 17.98 BENEFIT ZONE. WEST ADA PROJECT NAME: MERIDIAN FAMILY CENTER DEVELOPER TFCM ASSOCIATES LLC A UTAH LIMITED LIABILITY COMPANY BY DDR FAMILY CENTER LP It Member Manager By DEVELOPER DIVERSIFIED REALTY BY: JOAN ALI._GOOD. VICE PRESIDENT HERNIES ASSOCIATES A UTAH LIMITED LIABILITY PARTNERSHIP BY DDR FAMILY CENTER LP It Member Managcr By DEVELOPER DIVERSIFIED REALTY BY: JOAN ALLGOOD, VICE PRESIDENT (ADDRESS IF DIFFERENT FROM APPLICANT) PROJECT LOCATION: FAIRVIEW AVENUE. PINE AVENUE This Agreement is entered into this YJA of L t'J�%Y and between the ADA COUNTY 1IIGI [WAY DISTRICT, a Body Politic and Corporate of the Statc o Idaho, acting by and throu,h its authorized representative and: TFCM ASSOCIA'rES LLC A UTAH LIMITED LIABILITY COMPANY It Member Manager By DEVELOPER DIVERSIFIED REALTY BY: JOAN ALLGOOD. VICE PRESIDENT (varlte of Applicant(s) HERMES ASSOCIATES LTP A UTAH LIMITED LIABILITY PAR:I'NERSI•IIP It Member Manager By DEVELOPER D(VERSIF[ED REALTY BY: JOAN ALLGOOD. VICE PRESIDENT (Name of Applicant(s) R7-6132830 87-0572860 (Social Scc (social Securit% # or Tax ID 9) urit�' to or Tar 11) 1J) Sent By: *; ^ 208 343 4954; Jul-10y0,Q 12:28PM; whose current mailing address isJSEE-ALBA, fit the purpose herein below stated, 1_ ACHD ORDINANCE 1-40- 188: ON FEBRUARY 10, 1993. THE ADA COUNTY HIGHWAY DISTRICT APPROVED ORDINANCE NO. 188 ESTABLISHING A PROGRAM OF ROAD IMPACT FEES. 5ECTION 15 OF THAT ORDINANCE PROVIDES FOR OFFSETS AGAINST ROAD liv1PACT FEES FOR QUALIFYING SYSTEM IMPROVEMENTS PROVIDED BY A DEVELOPER. AND INCL. -ODES THE FOLLOWING PROVISIONS: A. In'the calculation of road impact fees for a particular project, offsets shall be given for the value of any constntction of system improvements or contribution or dedication of land or money required by ACI ID from a developer for system improvements. 13, Offsets will only be allowed if the proposed improvements are contained in the capital improveme tits plan, and if the person seeking: the offset applies to ACRD in writing prior to breaking _round or otherwise commencing constriction of the breaking around or otherwise commencing construction of the improvements. and if ACHD approves the improvement in writing. C. A developer who is required to consrntct. land or contribute system improvements in excess of the road Impact fees which would otltenvise have been paid For the development proiect, shall be reimbursed for such excess construction, funding or conrributiun from road impact fres paid by development located in the benefit zone which is benefitted by such improvements. Any such reimbursements shall be made within three months of the dedication or acceptance of construction unless otherwise agreed. D. if offsets or reimbursements are due to the developer pursuant to this section, the parties shall enter into a written agreement, negotiated in rood faith, prior to the construction, funding of contribution. E. The amount of an offset resulting from a right-of-way dedication shall not exceed the greater of the fair market value of, or the acquisition costs attributable to, the real property so dedicated. F_ The amount of an offset resulting from a qualified capital improvement shall not exceed the developer's out-of-pocket construction cost for the improvement. 11. THE PURPOSES OF THIS AGREEMENT ARE TO: 1) ESTABLISH THE VALUE OF THE RIGHT- OF-WAY DEDICATIONS AND/OR QUALIFYING IMPROVEMENTS ELIGIBLE FOR THE IMPACT FEE OFFSETS, 2) ESTABLISH THE METHOD BY WHICH THE OFFSET WILL BE PROVIDED. AND 3) LIST OTHER TERNIS AND CONDITIONS. The value of file qualifying improvements that are eligible for impact fee offsets is calculated below: I .Rivht-of--Wav Dedication ITEM DESCRIPTION SQ. F7'- COSTS . FT. TOTAL, FAIRVIEW AVENUE 22,715 $4.50 $102.218.00 PIN ' AVENUE 3 (_700 $4.50 5142.650.00 RIGHT-OF-WAY "TOTAL: 5244-86810 2.0 onstruction Improvements Page 4 Sent By: *; 208 343 4954; Ju1-100 12:29PM; Page 5 CONSTRUCTION TOTAL..: TOTAL VALUE: S244_Bt LU li d 1V Bf pR()VIDED The applicant shall be fully compensated for the value of the qualifying improvements determined in Section MA by the followinus method: A lump sum payment in the amount of: ST.. Fort�F [.Jas)1Luc sm 100' l UU (5Z $SirY_llSll C.()THSTFR�4NDCOVDI_TIQNS I. DOCumenianon Appropriate and acceptable written documcn ttion establishing the value,)f all dedicated right of -way and/or construction improvements must be furnished to the District. 2. Compensation In consideration of the premises and the mutual agreement of the parties, tite cash payments amount to the full compensation for the land and/or improvements furnished by the applicant. S, Assignment The parties agree that payments. as provided lit this Agreement, may not be assigned, transferred or conveyed to any other person or property. 4, Compliance with Codes, Standards and Specifications All work by the developer of agent(s) shall comply with all currently adopted specifications of Ada County Highway District for highway construction in effect at the time the contract is awarded, except where otherwise noted. All ordinances and regulations in effect in Ada County and its respective cities, and State of Idaho statutes relating to such work shall he complied with. S. Enforceability If, for any reason a court determines that ACRD Ordinance # 1$8, or any amendments thereto or any replacement Ordinance, is null and void, then any further obligation pursuant to this Agreement shall be immediately terminated. 6. Applicable Law The existents_ validity, e�nnstruction, operation and ell -cc( of this ALreement and its terms and conditions, and the rights and obligations of each of the parties hereto shall be determined in accordance with and construed pursuant to the laws of the State of Idaho. 7, Severability Any provision of this Agreement .which may be prohibited by law or otherwise held invalid shall be ineffective only to the extent of such prohibition or invalidity. Such determination shall not otherwise invalidate or otherwise invalidate or otherwise render ineffective all or any of the remaining provisions of this Agreement. No Agency Relationship Created This Agreement shall not be construed as creating either a partnership or agency an employment relationship between the parties hereto. Sent By: *; BY: BY: STATE OF 208 343 4954; Jul -10A0 12:29PM; Page 6 9. Entire Agreement This Agreement constitutes the entire Agreement between the parties and superseded any and all prior correspondence. communications, negotiations, discussions and other representations of either of the parties hereto. -Chis Agreement may not be modifird in any respect except by as ntstrument in writing and signed by both parties hereto. IN WITNESS W11F.REOF. the parties hereunto have set their hand. on this day and year. I-, 1 /l _ / n ,_A Applicant,'Dedicator TF0,1 Associates LLC ApplicantiDedicator Ilermes Associates LTD J COUNTY OF Allgood, Vice Presi6lnt Date �..1,[ • .�.�-� � iso-�� ,,00d, vice Pre5631eflt Date On this/ -I& day of ��L. I��• before: me, a notary public in and for said State. personally appeared-TQA...�—A-�- 0 - known to me to be the applicant(s) named in hereinabove Agreement and known to me to be tite persons whose name are subscribed to the within instrument and acknowledged to me that they executed the sante. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. I -1i (SEAL) N01AY PUBLIC OF9E STATE OF Residing at 9A6ARW45 91"-5 City Jane C. Jurenek Notary Public • State of Ohio My commission Expires: My Commission EXpires Dec. 29. 2001 BY: ADA COUNTY yR ;HWAY DI -Tv hee dmunstrator c S 15.000 Manager of Traffic Administration < $25.000 Director of ACHD , , . , < $50.000 of 9CHD commission > S50.000 2 Date Date Date Datc Sent By: *; MERIDIAN FAMII.Y CENTER NW '/A Section 9, T314, RAE., BM 208 343 4954; Jul -10-00 12:29PM; Page 7 REM, J•REQUEST OF ADA COUNTY RECORDER J. DAVID NAVARRO f'015E, 10AK0 FEE_t4_1 DEPUTI' 1499A22 AM 11-.21 91 99072864 MA Cbunty Highway District WARRANTY DEED For Value Received, TFCM ASSOCIATES, L.L.C. a Utah limited liability company and HERMES ASSOCIATES, LTD. a Utah Limited Partnership each, as their respective interest appear in unto the following described, the GRANTORS, do hereby qrant, bargain, sell and convey unto the ADA COUNTY HIGHWAY DISTRICT, a Body Politic and Corporate of the State of Idaho, whose address is 318 East 37th Street, Boise, Idaho 83714, the GRANTEE, the following described premises located in ADA County, Idaho, to -wit: A PARCEL OF LAND LOCATED IN THE NW -A OF SECTION 9, T.3N., RAE., B.M. ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A, B AND C". SEE EXHIBIT "A, B and C" (WHICH BY REFERENCE BECOMES A PART HERETO) TO HAVE AND TO HOLD the said premises with their appurtenances unto the said Grantee, its heirs and assigns forever. And the said Grantor does hereby covenant to and with the said GRANTEE, that they are the owners in fee simple of said premises; that said premises are free from all encumbrances and that they will warrant and defend the same from all lawfitl claims whatsoever. Dated this day of 4(1 Y , 1999. Tri CM ASSOCIATES L.L.C. A Utah Limited Liability Company By DDR Family Centers LP, (Member Manager) By Developers Diversified Realty Corporation, (General Partner) By: Joan All ood, Vice Presi . nt Developers Diversified Realty Corp., General Partner HERMES ASSOCIATES, LTD A Utah Limited Liability Company By DDR Family Centers LP, (Member Manager) By Developers Diversified Realty Corporation, (General Partner) ........... By: "4,aan good, Vice te'sent M) yelopers Diversified Vealty Corp., General Partner Sent By: *; 208 343 4954; Jul -10-00 12:29PM; Page 8 STATE OF D111a COUNTY OF SS: On this Z.day of•Ty/1Y , 1999, before me, the undersigned, a notary public in and for said State, personally appeared Joan Allgood, known or identified to me to be the Vice President of the company that executed this instrument or the person who executed the instrument on behalf TFCM Associates L1.C., and Hermes Associates, LTD and acknowledged to me that such companies executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) No y Public for We ofOH/O Residing at: 4A xaco f! My Commission Expires: Jane C. Jurenek Notary u is tate of Ohlo My Commisslon Explies Dec. 29, 2001 Sent By: *; March 3 1, 1999 208 343 4954; Jul -10-00 12:30PM; Page 9 PROPOSED RIGHT-OF-WAY DEDICATION PINE AVENUE — EAST OF EAGLE ROAD EQuadrant Consulting, Inc. A parcel of land located in the North,�vest 1/4 of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the west quarter corner of Section 9, To,,,-nship 3 North, Range 1 East, Boise Meridian, from which the northwest comer of said Section 9 bears North 01 008'42" East 2,649.45 feet; thence along the east -west centerline of said Section 9 South 89°20'42" East 70.00 feet to a point on the east right-of-way of North Eagle Road (State Highway 55) said point also being the POINT OF BEGINNING; thence continuing along said east -west centerline South 89°20'42" East 660.4; feet to a point; thence departing from said east -west centerline North 01908'13" East 48.00 feet to a point on the boundary of Crossroads Subdivision No. 1, as filed in Book 65 of Plats at pages 6644 and 6645, Records of Ada County, Idaho; thence North 89120'42" West 660.42 feet to a point on the east right-of-way of North Eagle Road (State Highway 55); thence along said east right-of-way South 01008'42" West 48.00 feet to the POINT OF BEGINNING. Said parcel contains 31,700 square feet more or less and is subject to easements of record and/or of use. This description has been prepared by use of previously recorded information and without the benefit of a field survey. D:�IPROJECT121-0i' fN-EDOC EXHIBIT "A" Sent By: *; 208 343 4954; Jul -10-00 12:30PM; Page 10 N C c c §' L- N 4 -p � `r3;8 $ � .'n ■� 0 U Q �o a 4 z 0 U Q lu Q w LU o <c I �- tLJ � Z U 0.Q Or_ Q W O CL. O 0_ Sent By: *; March 24, 1999 208 343 4954; Ju1-100 12:30PM; Page 11/15 ■ ■ Quadrant Consulting, Inc. PROPOSED RIGHT-OF-WAY DEDICATION FAIRVIEW AVENUE — EAST OF EAGLE ROAD A parcel of land located in the Northwest 1/4 of Section 9, Township 3 North, Range l East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Section Corner common to Sections 4, 5, 8 and 9 of Township 3 North, Range 1 East, Boise Meridian, from which the north quarter corner of said Section 9 bears South 89*22' 10" East 2,659.63 feet; thence South 64°35'27" East 200.42 feet to a point on the south right-of-way line of West Fairview Avenue said point being the POINT OF BEGINNING; thence along said south right-of-way North 58°10'31" East 27.60 fret to a point; thence South 89°35'24" East 410.04 feet to a point; thence North 00024'36" East 10.00 feet to a point; thence South 89035'24" East 2044.23 feet to a point on the North-South centerline of said Section 9; thence departing from said south right-of-way and along said North-South,centerline South 00°a8' 14" West I0.26 feet to a point; thence departing from said North-South centerline North 89'22'10" West 1659.94 feet to a point; thence South 87153'02" West 500.81 feet to a point; thence North 8922'10" West 317.30 feet to the POINT OF BEGINNING. Said parcel contains 22,715 square feet more or less and is subject to easements of record and/or of use. This description has been prepared by use of previously recorded information and without the benefit of a field survey. D:QFC .%EEA.UPI,-X1.IFAQtVIEW.DOC EXHIBIT "B" 405 S. 8th Street, Ste. 295 - Boise, ID 0072 • Internet; quadrantOmicron.ner Civil I 3ement Sent By: *; 208 343 4954; Jul -10-00 12:30PM; Page 12/15 r I , h C u �. LAJ I � ( o � I J V � LU w a � o .w a,LAJ z ILu I .I u N N n r N M (99 AVAfHO[H 3,LVLS) UVOY 3706'3 Sent By: *; 208 343 4954 Jul -10-00 12:31 PM; Page 14/15 ■ ■ Quadrant North 00°25'00" East 344.46 feet to a point: thence Co n s u l t i n g, Inc. North 44128'35" West 41.07 feet to a point ; thence South 89'22'10" East 137.98 feet to the POINT OF BEGINNING. Said parcel contains 55,046 square feet more or less and is subject to easements of record and/or of use. This description has been prepared by use of previously recorded information and without the benefit of a field survey. T.' i PROJECT. 121 .01 FANICTit .161ERMLkVRECORDS.DOC Sent By: *; .w �+ 7w1 dOU.�JS 208 343 4954; Jul -10-00 12:31PM; Page 15/15 I� 1 317N3A V A! 3rn U d A r 4 0 W 0 4 V3 U E, E: Q.�velo.pers p�versified — r •�. -. _ _. _ _-COW. JOAN U. ALLGOOD Y.ce rrcs:dcrx. Scvccuy mA GcnetW Coiaud November 19, 1999 VIA FACSIMILE (208) 887-1297 Ms. Shari Stites Planning Department City of Meridian 200 E. Carlton Meridian, Idaho 83642 Re: Authorization to File Applications Dear Ms. Stiles: With respect to property located at the intersection of W. Fairview Avenue and Records Avenue, please be advised that Zany J. Durkin. President of Dakota Company, Inc-, is authorized to execute and deliver to the City of Meridian the following documents on behalf of Hermes Associates, Ltd. and Developers Diversified Realty Corporation - 1 . orporation: 1. Application for Conditional use Permit; 2. Application for Preliminary Plat and/or Final Plat: and 3. Any other documents required in connection with the filing and processing of such Applications. Very truly yours, JUA-ck cc: Larry J. Durkin 3300 Enterprise Parkway. P.O. Box 22.8042. Beachwood,.Ohio 44122 Td: (216) 755-5656 • Fax: (216) 755-1656 or (216) 755-1678 • Jallgood®ddrecorn AFFIDAVIT OF LEGAL INTEREST STATE OF OHIO ) SS: COUNTY OF CUYAHOGA ) I, JOAN U. ALLGOOD, 3300 Enterprise Parkway, Beachwood, Ohio 44122, being first duly sworn upon oath, depose and say: I • That Hermes Associates, Ltd. is the record owner of the property described on the attached, and I grant my permission to The Dakota Company, Inc. to submit the accompanying application pertaining to that property. 2• I agree to indemnify, defend and hold the City of Meridian, Idaho, and its employees harmless from any claim or IAbility resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this 30 � day of November, 1999. HERMES ASSOCIATES, LTD., a Utah limited partnership By DDR Family Centers LP, its General Partner By DDR DownREIT LLC, its General Partner By Developers Diversified Realty Corporation, Its Managing Member By: -4 , JOAN U. ALLG OD Vice President SUBSCRIBED AND SWORN to before me the day and year first above written.. Notary Public CATITRINE B. KLETCKA - Nota,y 1`ubl�c, Stare of Ohio ` hi- Cow:j.r :ion Wires December ?7 •••�,�• ?001. A tAo 10 19 PM I Z 2-1 - 0 J 4, CORPORATION WARRANTY DEED For Value Received GE>ITONE, LN. C., a corporation duly organized and existing under the laws of the State of Idaho, ("Grantor") does hereby Grant, Bargain, Sell and Convey unto TFCM ASSOCIATES, LLC, a Latah limited liability company, ("Grantcc'� whose current address is 455 E. 500 S., Suite 400, Salt Lakc City, Utah 841 1 1, the following described real estate within the city of Meridian. Idaho. to -wit: Parcels 2, 3, and 4 as described on Exhibits A-1, A-2, and A-3. respectively, attached hereto and incorporated her cin by this reference, all of which property is located in the Northwest Quarter of Section 9 in Township 3 North, Range 1 East. Boise Meridian. TO HAVE AND TO HOLD the said real propertywith all appurtenances (including, but not limited to, all water rights or ownership interests in any imgarion districts or entities) unto the said Grantee, its heirs and assigns forever, and the said Grantor does hereby covenant to and with said Grantee that it is the Owner in fee simple of said real estate and that said real estate is free and clear of all easements, restrictions, and encumbrances, except: 1. Reservations or exceptions in patents or in Acts authorizing the issuance thereof. 2. General Taxes for the year 1998, a lien but not yet due and payable. 3. Negative Easement and Restrictions contained in Warranty Decd, and the terms and conditions thereof. In Favor of State of Idaho Recorded January 2A, 1956 Instrument No. 389346 4. Agreement and the terms and conditions contained therein: Between George E. Stang and Hannah W. Stang, husband and wife and C.H. Stewart and Alice E. Stewart, husband and wife Recorded September 2, 1954 Instrument No. 364731 purpose Irrigation Ditch tight -of -way 5. Minerals and mineral rights as reserved to Upland Industries Cornoranon, a Nebraska corporation, by Special Warranty Deed recorded August 31, 1990, as Instrument No. 9047045, records of Ada County, Idaho. CORPORATION WARRANTY DEED - 1 tD 061698NGcmtone\corp-war2.deedl 07-'07.'98 09:17 F.k1 1_0833693x^ ALLI_kNCE TITLE L0003.009 6. Easement and the terms and conditions thereof: In Favor of Mountain States Telephone and Telegraph Company. a corporation Purpose Communication Facilities and Incidental Purposes Recorded June 28, 1990 Instrument No. 9034208 7. Negative Easements, Conditions, restrictions and access rights contained in the Deed to the State of Idaho Recorded November 25, 1988 Instrument No. 8857970 Official Rccords. And amended by Exchange Decd recorded April 8. 1994, as Instrument No. 94032501. 8. Easement, and the Terns and Conditions thereof. In Favor of L.S. West Communications, Inc., a Colorado corporation Purpose Construct, reconstruct, operate, maintain, and remove telecommunications facilities Recorded May 24, 1994 Instrument No. 94048300 9. Easement, and the Terms and Conditions thereof. In Favor of City of Meridian. Ada County. Idaho Purpose Public Utilities Recorded June 7, 1994 Instrument No. 94053165 10. Easement, and the Terms and Conditions thereof. In Favor of Idaho Power Company, a corporation Purpose Po,,vcr Lines and Incidental Purposes Recorded August 10, 1995 Instrument No. 9505:822 1 ! . Easement and the terms and conditions thereof. In Favor of Ada Counry Highway District Purpose Temporary access road between the proposed Crossroads Subdivision No. 5 and Fairview Avenue Recorded October 1, 1997 Instrument No. 97081013 12. Rights and interests of the Nampa-Mcridian Irrigation District. 13. Easements and tights -of -way for or associated with irrigation ditclics and facilities appearing on the above-described real estate. Easements and rights associated with the diversion structure for a pressure ir-.igation system utilized by Crossroads Subdivision. CORPORATION WARRANTY DEED - 2 D. 060199',Gemtone\corp-war2.dccd] 07.'07,98 09: 1S FAX 12 0833693$+x., ALLIANCE TITLE r1 ®001.009 ( rN WIT -N -ESS WHEREOF, the Grantor, pursuant to a Resolution of its Board of Directors has caused its corporate name to be hereunto subscribed by its President and its corporate seal to be affixed by its Secretary this O *� day of June, 1998. Eliward L."e,w-s, Secretar.v STATE OF ID. HO ) SS. County of Ada GEMI TONE. INC. By: ThomssWrPrdt On this 6 t� day of June, 1998, before me, a Notary Public in and For said State, personally appeared THONLAS T. WRIGHT and EDWARD L. BENS, known to me to be the President and Secretary of the corporation that executed this instrument or the persons wbo executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. D WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. • 'cc�ccccaiEets�rCe �•` C1 J' j • G �t . rU-3 e _ IA .. �a CORPORATION WARRANTY DEED - 3 (D: 06O t 98�Gemiorie\corp--a,2.cicc-dj X Gtr Notary Public for l,d;dto Residing at� Commission expires C -;L -2 ,//o 3 0 0,-93 09 J3 Fas 120833693S- ALLIANCE TITLE 14OU3. U09 HUBBLE ENGINEERING. INC. 9_=C _et~el COUR ■=cise.:dar:o 327G9 �.B/s'�e992 • Fax ;r Uav `• PROJECT A1C. 98CC100 FE- ERUARY C lcca REVISED FE =RUARY 2. ;G98 OPT -ICN AGR= HEE_v^_ PARCEL 2 - OA CROSSROADS CCMME: CiAL A PARC`L OF LANC LCCA TED IN T-r!E WEST 1/2 OF i HE ,VV`/1/4 OF SEC i .ON 9, T.3N.. P.. ; =., E -NI., AOA CCUN TY. ICAHO, MORE PAR'7CULA.rRL Y CESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER CCfVIMCN TO SECTIONS 4, 5. 8 AND THE SAID SECTiCN G. FROM `l\lI-:IC.'. THE 1/4 CCRNER CCNIMON TO S'a.IC SEi ,CNS 8 A.NG 9 EEARS SCU-FH 01.08'42' WEST. 25;9.-45 F=1I : TrENCEC SCI 7, 01'C8'442" V'iEST, 1565.21 FEE -7 (FCRNIERL Y OESCRIEED AS SOU 1 =08'10" V ES ;564.13 FE=T'; TO A FGINT: THENCE SCUT-, 28`51'50" E -.S -1. i 3.OG =EE i TO TSE NORTHWEST CORNER OF LCT 1. ELOCK 2. CF C;RGSSROACS SJ60(VISiCN NC. 1. AS SAAME IS RECORCED W =GOK 65 OF PLA -S. .=,T PAGES 6&-L4 AND E; -2,i5. rRECCRCS CF ADA CCL;N i (. ICAHO. S ':0 =LINT Ec!NC i h E REAL POINT CF BEGINNING. Tr.ENCE a.LCNG 7r-. E RAS-H.R'_Y R:GHT-CF'/\ IA. Y CF N. C.a.C_- rROrND /STA -E HIGr\/VAY C='1 NCRTr. . -CE'-- �'.; �. ScG.-2 F==- _C', =CIil\1-. ( T-E:NCE: SC.•U iH 82 C' -QST. oc"0.1 =E=TGIN- Tr EVCE SC;U i r. , =08''_ '-./\ZEST -.LONG TH. E c;:TENDED AND-'P/ES . c=cL" EGUNCAR` CF S;l.10 CRlCSSP.C�-"C SUBCIVIS,'ON NC. A DIS-A.NCE CF 525.52 FEET TO A ?C•iN- CN T -'.E NCP -=E R'_v RIGS TI -CF -1 -NAY CF E. F�ESIGEiN i .�.L cRIVE. T;EN'CE :C5.2e -__ -'L :NC SA;C, R:G'r.--::r=-,vAYANC— . -E ,F.0 CF;' NCN- TANGEN T CURVE i O T; -:E L_F T. -iA.V!,,\IG A .FA.CIUS OF 258.?2 F_ET. A CEV -T7-\A L ANGLE OF X5'25'02". ANC LCNG C;�CP,C EE?rc1NG NOF. -H 5c=C2'=G" WEST. 199.C-0 F=_- TC A 'PCIN-, THENCE NCP.7-18 E 't:;S1. 3c5.3E FEE7 TO Tl :E 50U-' :S- CORNER OF SAIL LC- P -'-CCK 2 CF CPC55RCACS SUEDIV:SiCN NO. .: _F-:ENCE NG TSE -_=ICP.:-:0UNCA.rY CF SAIL LC- ivCr i C' E'_ Tr -.'E -NCE 3'.42 FE -:::-7 G T'. -?E ARC CF A CURVE TC T rc LEFT. HAV!NG A. RADIUS CF 2C CC -cE T . CEv-PA.L aNGLS OF 90'CC'CC". A..\iZ A. _ONG CHORC, E=RIN- NCP, T --_-51'Si;' WES 28?E F--_:_:7 TO A POINT. P.-! �.0 = 1 C F ElH'BI L O,. 07, 98 09:-1-5 1 -.kA 1_UbJJdyuSi ALL 1.A -''LL 11l It THENCEyVORTH 88'51'[0" WEST, 10.00 FEET TO A PC'INT. THENCE 31.42 FEEETALONG _FHEARC OF A CI:R\/E —10 -, r-. R!GH T , HAVING A RADIUS CF 20.00 FEET. A CENTRALANGLE OF 90'GG'00", ANC A LONG CPORD BEARING NORTH 43051'50" WEST, 28.28 F-= ii T C r, PC'N T THENCE NORTH 1'08'10" EAST, 110.00 rEET TC r, FCIN THENCE 31.42 FEET ALONG THE ARC OF A CURVE TO T'ri,E LEFT, HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 90'00'00", AND A LONG CHORD EEArRING NORTH 43`51'50" WEST, 28.28 FEET TO A FOIN T THENCE NORTH 88'51'50" WEST, 10.49 FE— (F0pNlER! '( DESCR:SED AS 10.00 FE'�TO i rIE REAL POINT OF BEGINNING. CCNTA.iNING 1,,.---e ACRES (492,301 SQUARE FEED. MORE OR LESS. FFcEFAFcED E'.': HL -'EEL= -NG NSE=:NG, !NC. A j ,�r �41S•L.'�v � =1 s 2 - Of Of GGC,�J`�//CQ�cmrr art GFESCFc`' C,,! =.L.S. �FGE 2 Cr 2 0=:0-,98 09:43 FA -X 12083383337, ALLIANCE TITLE mill.. V HUESLE ENGINEERING. INC. II 1 / aSZG Sebe! Corr - Sorsa: icsrc &27C9 F!?CJECT NO. 98CClG0 to 00 , . 009 2Ga/:;L.Acc2 -moi ^nE/�.'a.n��c FEERUARY 0 1952 REVISED FE?RUArRY 18, 1998 OP ----ON AGREE*-iry• PARCEL 3 CROSSROADS CCMMERCIAL A PARCEL CF L,�,NC LCCATED IN THE NVV'./4 OF T rE NW":/4 OF: SECTION 7 T.3N., R. B.M.. ACA CCUNTY. IDAHO, MCF E: PAR T ICUkRLY DESCRIBED .;S FOLLOWS: COti1ivlENC:NG A T THE CORNER COMMON TO SECTIONS 4. 5. 8 AND THE SAID SECTION 9, FROM VVPICH TL -E' 1/4 CORNER CCMMGN TO SAID SECTIONS 4 AND 9 EESRS SOU —1r'89022'10" EAST, 25E-z.E? FE= i ; T -HENCE- SCUT; 8S`2?'.C" E�.ST.'C1i.8b -E.1 TC A POIN-, i'r:cVCc SOU T'r' 1-02'13' 1NES-, 5c.3i FEET TO A. POINT CN T i=E SCUTiJErRLY RIGHT-OF-INAY OF FA; RVIE / .I/ENl-,C. SAID RAIN- SE!NG -Fr-.E REAL FCINT OF BEGINNING_ T-ENCE CCNTiNUING SCUT.. '08' 1 YVVES 1. 8C-3.72 FENT TO r, PC INT GN THE EXTERIOR ECUNCr;R`! LINE CF CROSSROADS SUEDIVISICN NO. 4 AS FILED IN ECOK i 3 CF -L n. T S A- =AGES ?S' 9 ANC• i 52- �RECCRDS OF A.DA CCUN�( IDAF-O; i :=EVC` ALCNG S: -.ID c::TcRiCF, SCL NCARY LINE NCR i cc=5"^ i' 1r/ES 287.81 F _cT 1-0 =CIN T. -F-iEVCE CONTINUING ALONG SAID E;C`=1CF ECUN0,o.RY UNE SCUT- 1'08'13 O/E: T. 85.00 Fc=T TC =CIN T . T'r,cNC` L=�\/ING SAIC E;(TE=c!CF, ECLNCARY LINE NGF, I :: 82'S''SC" tNES-. EEO -1 FEE -7 TO A !--CIN T ON -I-iE--.ST==LY=1G�ii-OF-I/'l�.Y C,F .V. E r (S- TATE HIGPWAY 3-). TI-:ENNCE ALCNG SAIC RSGr, i-CF-1/�!AY NONT". 01 CE' -t2- E3.ST. 8 i 0.30 FEET TC A F O I NT THENCE NCF,-} 5a'"G'C EAST. 1c1.Sc F=� 1 -C A PCIN T CIV THE S,.,UTH =1-v =-INAY F - E, . RIG -.:, O -,-..F ✓ E�rl � �=NL1E. THENCE �IL--iNG -Cr--v!A,� scu _.. TC A PCIN T -ENC' NC F. G'241'3c' _4S T . 10.00 . __T TO A FCINT, F.:C_ 1 OF 2 U� U�•ytl U:1: J`J t.i1 1:VtlJJOy� '"" TIiENCc SCUT�HNG 2rJ4ACRES. (8oE•7d cQUAROE E�MORE OR LESS. `. EEGINNING. CCNT„I PREPARED BY: NUBBLE ENGINE:—::RING, INC. GGG/WV/CRcommrar3 G=EGGR`.' G. CART-E.R. P.L.S. PAGE 2 GF 2 4009. 009 o-, :07, 98 09 _ 13 FAX 1208336338� kLLI-x`10E TITLE 1NEERING, INC. 4 H U 8 8 L E ENG Tr 'sae • Fax 208/2 2-r22s oc=p �e=,nei C ur . =Oise. iaaro 83iG9 SU� op -f-1 )N aGREZEMENT r— =ERUARY 9. 1SSE PROJECT NO. 9ECOlGO PARCEL 4 CROSSROADS COMMERCIAL A PARCEL OF: LAND LCCA -ED IN 7 H RN NORTH CULARLY .:.E CHALF CF Vc19E•OAS POLI-OWS: F SECTION 9. T.3N.. R -1E., B.M.. ADA COUNTY. IDAHO, - MC E _ "TION 5. COMMENCING AT �''/4 CORNER COMMONCORNER CC-IMMON OOESA1ID SECICN 4. S ICN 4DTHE SAID ANC 9 BF_ RS SOUTH FROM WHICH 7r -',E 1 89_'2_2'--C" , Sn,Z'10" EqST. 2EE9.i�3F� i �ENCCE SOUTO A rCINONS; r'.E SOU$::E L (RIGHOOP- T�-1ENGc SO -LT? -I 1408 - WAY OF FAIR`JIE`N AVENUE. SAID POINT BEING THE REAL POINT OF BEGINNING. T'HENCc_ALONG SAID SCU HERLY RIGHT -CF -WAY SOU i rl 99°35*2"" FAST. 1C40.321 FEE7, TO A PCIN THENCE SOUTH CC`28'CC" WEST. 83'. 1.' fcE- TC A FGINT ON -i-:E NCR --i SCUNDARY LINE CF CROSSROADS SUBDIVISION NC. = ?.S FILED IN BOOK - Cf Pl -N'S AT PAGES 7779 AND 7780 RECCRDS OF ADA COUNT". ICAHC: DED AND �NORTLCUND?AFY_ L: THENCE ALONG -HE rX-ENNOE OIN� D -: B CROSSROADS SUBCIVISICN NC. _z:NCRTH 39 3.:..2" WEST, ,G 9. 5 TNENCc NORTH 1,C8'12" F --\S,. E31.22 FEET TC THE nE�L POINT CF BEGINNING. CONTAINING -.9.9E ACRES (868.980 SCUArRE FCET). MORE ORLESS PREPARED ?Y: HUEEL= ENGINE=:R ',) GGC;VI`1/CRcomr-'� Sr= INC. � -11 -1z,STc'� 1 772 9 IS Z)p1!9-t,�, Of 0 a. P L.S EYH' B ITS DAKOTA COMPANY, INC. June 30, 2000 Ms. Shari Stiles Planning Director/Zoning Administrator City Of Meridian 200 East Carlton Suite 201 Meridian, Idaho 83642 RE: Meridian Crossroads Shopping Center - Pad P-3 Carl's Jr. Restaurant Conditional Use Permit Application Sewer, Water & Trash Fees Dear Shari: With respect to the above referenced Conditional Use Permit Application, please be advised that the Applicant agrees to pay any additional sewer, water or trash fees or charges associated with the use. Sincerely, Tom Bauwens Dakota Company, Inc. For Developers Diversified Realty Corp. & TFCM Associates, LLC ■ PHONE (208) 343-5223 FAX (208) 343-4954 380 EAST PARKCENTER BLVD. SUITE 100 BOISE, IDAHO 83706 /'Is June 30, 2000 DAKOTA COMPANY, INC. Ms. Shari Stiles Planning Director/Zoning Administrator City Of Meridian 200 East Carlton Suite 201 Meridian, Idaho 83642 RE: Conditional Use Permit Application Meridian Crossroads Shopping Center - Pad P-3 Carl's Jr. Restaurant With Drive -Up Window Dear Shari: With respect to the above referenced Conditional Use Permit Application, please be advised that the Applicant has read the contents of the application and verifies that the information contained therein is true and correct. Sincerely, Tom Bauwens Dakota Company, Inc. For Developers Diversified Realty Corp. & TFCM Associates, LLC ■ PHONE (208) 343-5223 FAX (208) 343-4954 380 EAST PARKCENTER BLVD. SUITE 100 BOISE, IDAHO 83706 DAKOTA COMPANY, INC. June 30, 2000 Ms. Shari Stiles Planning Director/Zoning Administrator City Of Meridian 200 East Carlton Suite 201 Meridian, Idaho 83642 RE: Conditional Use Permit Application Meridian Crossroads Shopping Center - Pad P-3 Carl's Jr. Restaurant With Drive -Up Window Dear Shari: With respect to the above referenced Conditional Use Permit Application, please be advised that the Applicant will post the a "Public Hearing Notice" on the subject property one week prior to the City Of Meridian Planning & Zoning Commission meeting that the application is scheduled to be heard , that the Applicant has applied for a Conditional Use Permit and a Public Hearing will be held. The Notice will provide the name of the Applicant, description of the Conditional Use Permit and the time and date of the Public Hearing. Sincerely, Tom Bauwens Dakota Company, Inc. For Developers Diversified Realty Corp. & TFCM Associates, LLC ■ PHONE (208) 343-5223 FAX (208) 343-4954 380 EAST PARKCENTER BLVD. SUITE 100 BOISE, IDAHO 83706 wum� f,LZMJJHIZUV 'numm imuo af &IHVD I I I I I I 3 , k I 77"!P29 I A } P t i c � I _ I w w J Of I f' GVOa 31OV3 HlaON f.LDB.I.IHOZIV �� na•� �`' �o aria ��o A w u uvr m `r� A an COMM pbpi; �j F�RTI�i a ; T i IZ Sri Pli LLJ Q_ �al l� ! i3 �.,iFRi v a i= Hot EYa� lsl$ T ! sa n r e s 2 LLJEA ; j Z w !` a 6�3al1 .T.�le�3fiT�ltttr o'Te J D ®� ? ` I mY lIlIg T71) E�=a son � 4 a i d V) � w rn „ r w 6 J .i tG N ~ � J U +e V) Q W -i L) o o Z U Y W Z O ! Z w a J a m cr cr ( 4 Y CV06 319V3 H16ON 00 0000 a v pp r "4 '0 1 411 Db��e j tPi! z Z Ip S a v pp r '0 q. a' a,. Q i i�. ry tl,e v ,fY 1 411 Db��e j tPi! z Z Ip S a v pp D D D D D Carrs dr. EXTERIOR ELEVATIONS � 1 Oti SHOMINO [ eg�.r. CA �r� W.O. ten. Eo �S Cir�STATE (71 �-� I wRe7-D'ca�CC� UINf /1 J000 z 00 � 0 m g o_ o n U at d 77 ' D 0 � � 0 D 0 � 8 Il 0 m. a o o a ;: � N *Carts Jr. a CKE i ,�-� D T etle L O EXTERIOR ELEVATIONS @ �m 1�op�r snol" " Cm R &.oF w,*," ft � � def1Df/-., G 1 w Ij- OW.An (71l f -34Q AllGiirCCeLC11 „ 9 pop ouluue,d A4urkL Luo, �Tc(L1D_lAt1-%:o55ROP:p.S 7.HO�jY1td(7�- CEI`iT�-Q•-- _---. . 43/13 d 1, I Site � 16 17 18 '19 1211 2I 22 23 24 25 26 27 •28 29 4 5 6 7 8 12 13 14 15 E. FLORENCE DR. O Z d E. FLORENCE C i 11 16 I 18 19 21 26 23 24 16 18 (� 25 10 14 15 19 9 15 2 13 9 _ 7 14 n 20 Z -� 1 ---- - - ---- T -8 - I 5 g 7 e 9 z 13 21 7 4 7 O 2 3 4 NAI. OR' 10 11 IZ 29 Q 22 6 �NGRES e 11 23 i01 s 6 1 R c 5 zo 21 zz N gi 29 30 31 32 �i 4 2 7 6 •10 6 33 Z� 3 4 5 E II 3 O D IZ 13 v 26 E. E1SENHDWE 14 13 27 � 6 � 2 27 28 16V 29 CE— FRESIDEN IAL—DR. 1 1"' 29 � 3 30 9 17 37 5 29 of 8 I�IJg 26 32 IB 3d 4 30 � 5, 1 - I 3 14' 7 1 9 3 Ji � 9 I n 11 E I 1.41, 20 9 39 2 32 35 _..1=.�iz.-ID.IAN-_(_R0�61ZOAP.S 2/t 6 8 9 36 I 33 a 36 S} 0 2 3 4 1 22 37 v S+�ot'PlNG CEN rE2 - 23 F�SF O �` n 39 y to I O I 5 z! C 0 S JJ 24 40 �F� 35 I 25 24 23 22 21 27 19 15 25 Q IB I� 16 l� 45 44 43 42 41 'P E JUDICIA( DR PRESIDENTIAL OR. J w 4 I 2 l3 14 1 2 3 a 5 30 29 26 27 26 25 24 W t-r_N1_3-'----K- AP- I �I-_3-0 o I Sent By: City of Meridian; 2088886854; Jun-14-,Qk 3:16PM; Page 6/6 * * / I� o - CD W� 0 I a �i � e: arm _ _ � ❑r � � � A o � oo g � y m 7n i s 3 a a o 0,51 Sent By: City of Meridian; 2088886854; Jun -14 Q0 3:15PM; CARD'S JR RESTAURANT - DRIVE THRU CUP PROPERTY OWNERS WITHIN 300' KLEINER WALTER HERMAN KLEINER EUGENE M CLARK DANIEL L & PO BOX 4003 CLARK TINA M BELLEVUE WA 98009-4003 3610 E FLORENCE 3600 E FAIRVIEW AVE MERIDIAN ID 83642-0000 GEMTONE INC TRAN QUYEN P PO BOX 2727 3622 E FLORENCE DR BOISE ID 83701-2727 MERIDIAN ID 83642-0000 3255 E FAIRVIEW AVE MERIDIAN ID 83642-0000 3150 E JEWELL ST CHRISTIANSON GLENN O & 1450 N OLIVE AVE CHRISTIANSON JOYCE E 1350 N OLIVE AVE 3654 E FLORENCE DR 3801 E FAIRVIEW AVE MERIDIAN ID 83642-0000 BLUE CROSS OF ID HEALTH SERV 3000 E PINE AVE BARZEE BRUCE T & MERIDIAN ID 83642-5995 BARZEE BROOKE L 3870 E FLORENCE DR TFCM ASSOCIATES LLC MERIDIAN ID 83642-0000 455 E 500 SOUTH STE 400 SALT LAKE CITY UT 84111-0000 DURRANT ALAN C & N EAGLE RD DURRANT SEREEN S 3801 E FAIRVIEW AVE 3692 E FLORENCE DR E FAIRVIEW AVE MERIDIAN ID 83642-0000 HERMES ASSOCIATES LTD KRISHNEK JOHN R & 455 E 500 S STE 400 KRISHNEK CARRIE A SALT LAKE CITY UT 84111-0000 3706 E FLORENCE DR N EAGLE RD MERIDIAN ID 83642-0000 HERMES ASSOCIATES LTD LYON RAY B AND 3300 ENTERPRISE PKWY SWAIN NANCY BEACHWOOD OH 44122-0000 3724 E FLORENCE DR E PRESIDENTIAL DR MERIDIAN ID 83642-0000 SANSOUCIE KENNETH S & FULLER DANIEL L & SANSOUCIE BARBARA G FULLER JOANN M 3526 E FLORENCE DR 3750 E FLORENCE DR MERIDIAN ID 83642-0000 MERIDIAN ID 83642-0000 PEASE JEFFREY BRYAN & NASTEKA VLADIMIR & DEBRA LYNN NASTEKA GALINA 3552 E FLORENCE DR 3786 E FLORENCE RD MERIDIAN ID 83642-0000 MERIDIAN ID 83642-0000 OLIVER LAMONT & WOODVINE GALEN H & OLIVER KELLY J WOODVINE CAROL 3576 E FLORENCE DR 3808 E FLORENCE DR MERIDIAN ID 83642-0000 MERIDIAN ID 83642-0000 RASMUSSEN RONALD R 3590 E FLORENCE DR MERIDIAN ID 83642-0000 Page 2 69 Sent By: City of Meridian; 2088886854; CROSSROADS NEIGHBORHOOD ASSOC PO BOX 409 MERIDIAN ID 83680-0000 N RECORDS AVE E CONGRESSIONAL DR E FLORENCE DR E EISENHOWER DR E PRESIDENTIAL DR NAMPA MERIDIAN IRRIGATION DISTRICT 1503 1 ST SOUTH ST NAMPA ID 83651-0000 N RECORDS AVE LUDWIG BRANT & LUDWIG JOANNE 3854 E FLORENCE DR MERIDIAN ID 83642-0000 JUDY J VICTOR & JUDYLAVERNE 3310 N WELFORD BOISE ID 83704-0000 3876 E FLORENCE DR STUCKER ROBERT L & HUYNH THIEN THI 3898 E FLORENCE DR MERIDIAN ID 83642-0000 BENNETT GREG A 5149 CANARY LN NAMPA ID 83687-0000 3920 E FLORENCE DR ROGERS TRACE L & ROGERS LORELL B 3426 E FLORENCE DR MERIDIAN ID 83642-0000 PARSONS MATT & PARSONS BROOK 3450 E FLORENCE DR MERIDIAN ID 83642-0000 PETTINGILL C BLAINE & PETTINGILL HEIDI K 3474 E FLORENCE DR MERIDIAN ID 83642-0000 WARNER BRIAN E 3498 E FLORENCE DR MERIDIAN ID 83842-0000 Jun -14-00 3:15PM; PECHT BRYAN & PECHT MARIE 10090 W FLOATING FEATHER RD STAR ID 83669-0000 3577 E FLORENCE DR PATTERSON DANNY A & PATTERSON TERESA 3591 E FLORENCE DR MERIDIAN ID 83642-0000 BOOHER F L & MAYBELLE TRUST BOOHER F L & MAYBELLE TRUSTEES 3611 E FLORENCE DR MERIDIAN ID 83642-0000 HAAN TROY W & LUTANA H HAAN LUTANA H 3623 E FLORENCE DR MERIDIAN ID 83642-0000 LANGE CHARLES A 3655 E FLORENCE DR MERIDIAN ID 83642-0000 JACKSON-BRASETH DEBORAH 1106 WILLOWBROOK DR GREENSBORO.NC 27403-2051 3671 E FLORENCE DR COURTNEY JAMES J & COURTNEY JOAN A 3693 E FLORENCE DR MERIDIAN ID 83642-0000 WOOD JASON E & WOOD LINDSAY M 3855 E FLORENCE DR MERIDIAN ID 83642-0000 LANDERS DIANNA 3553 E FLORENCE DR MERIDIAN ID 83642-0000 MILLS TIMOTHY W 3805 E FLORENCE DR MERIDIAN ID 83842-0000 PROVENCIO KRISTOFER & PROVENCIO LEAH 1260 N PRINCIPLE WAY MERIDIAN ID 83642-0000 N PRINCIPLE WAY Page 3 2088886854• Jun -14-00 3:15PM; Page 4/6 Sent By: City of Meridian; -- SMITH KEVIN R & SMITH KRYSTLE E 3709 E FLORENCE DR MERIDIAN ID 83642-0000 WEIBLE TODD T WEIBLE JENNIFER L 3727 E FLORENCE DR MERIDIAN ID 83642-0000 VAN DYKE JEREMY M 3525 E FLORENCE DR MERIDIAN ID 83642-6049 MINEGAR JOHN H 3405 E CONGRESSIONAL DR MERIDIAN ID 83642-0000 BRUEMMER A SCOTT & BRUEMMER JENNIFER 1247 N CAUCUS WAY MERIDIAN ID 83642-0000 COULTER JANIS L 3493 E FLORENCE DR MERIDIAN ID 83642-0000 JUDY J VICT¢R & JUDY LAV NE 3310 NWELFORD BOISE 10 83704-0000 1241 N PRINCIPLE WAY CLASSICK STEPHEN T & CLASSICK SANDRA r- 1238 1238 N CAUCUS WAY MERIDIAN ID 83642-0000 WEATHERMON COREY A & WEATHERMON AMY L 3417 E CONGRESSIONAL DR MERIDIAN ID 83642-0000 JUMP GEORGE & JUMP CLARIAN 3512 E CONGRESSIONAL DR MERIDIAN ID 83642-0000 MAHATHY ANTHONY C & MAHATHY PATRICIA A PO BOX 6256 BOISE ID 83707-6256 3423 E CONGRESSIONAL DR DEAN DANIAL S WESTPHAL LISA JO 3429 E EISENHOWER DR MERIDIAN ID 83642-6019 BAUER G BRENT & BAUER NATALIE C 3497 E CONGRESSIONAL DR MERIDIAN ID 83642-6020 WRIGHT JUSTIN T & WRIGHT TERESA K 3435 E EISENHOWER DR MERIDIAN ID 83642-6019 HALE MARTEL A & HALE EVA LU 3515 CONGRESSIONAL MERIDIAN ID 83842-0000 HAZLETT RONALD L & HAZLETT CATHY L 3449 E EISENHOWER DR MERIDIAN ID 83642-6019 ORR KIRT F & ORR KIM S 3476 E EISENHOWER DR MERIDIAN ID 83642-6019 JAYNES SHERI J 3510 E EISENHOWER DR MERIDIAN ID 83642-6019 HUYNH THAN VAN & NGUYEN MY THI DAO.HIEU M & HUYNH MAI TRINH 3463 E EISENHOWER DR MERIDIAN ID 83642-0000 HINER LLOYD W & HINER SHARON K 3471 E EISENHOWER DR MERIDIAN ID 83642-0000 BORCHARDT KEVIN & BORCHARDT TINA 1071 N FILLMORE WAY MERIDIAN ID 83642-6018 HART FLOYD L 3483 E EISENHOWER DR MERIDIAN ID 83642-6019 SCHWARTZ JEFFREY A & BERRY C BECKER JEFFREY L 19281 SAN MARCOS RD SARATOGA CA 95070-0000 3517 E EISENHOWER DR Sent By: City of Meridian; SOUTHERN GAROLD L 1043 N FILLMORE WAY MERIDIAN ID 83642-6018 NOYES DAVID LAND BEEBE CONNIE L 3500 E PRESIDENTIAL DR MERIDIAN ID 83642-0000 BLANCHARD SHAWN 3468 E PRESIDENTIAL DR MERIDIAN ID 83642-6016 PHILLIPS ROBERT L & PHILLIPS MICHELLE L 3437 E PRESIDENTIAL DR MERIDIAN ID 83642-6016 SHARP ROBERT H & SHARP MARY JO 963 N FILLMORE WAY MERIDIAN ID 83642-6017 2088886854; Jun -14-00 3:16PM; Page 5/6 KEYBANK NATIONAL ASSOCIATION 15110 BOISE, Iri+dO 83701 BRS ARCHITECT 92- 241 1087'N. RIVER ST., STE. 160 PH. 208-336-8370 CHECK DAT une 30, 2000 BOISE ID 83702 PAY **Three hundred ninety four dollars and 37/100** TO City of Meridian II'01511011' 1: 1241015551:0L L07525 81" DELUXE BUSINESS FORMS 1 -800-529-0301 AMOUNT **394.37** CD 0 n ( 2 C w W° O co -n co m � D Z O > rn O? W — Q N -1 D Z v C Z; c -N D O _ m CDLn N o(D r `n co m a �p o a � c ✓� CL c N H n v 1 o .moi m 1 3 2 a n n � s � c o m :3 -� D a r- x >T 21- E 0 n ( 2 C w W° O co -n co m � W O CCD rn O? W — Q N -1 D Z E MERIDIAN CROSSROADS PHASE 1 CONDITIONAL USE COMPLIANCE NOTE: CITY OF MERIDIAN REQUIRES 1 PARKING STALL PER 200 SF OF GROSS BUILDING AREA. FILENAME: MC CU COMPLIANCES QUADRANT CONSULTING, INC. TAB: SUMMARY PAGE 1 OF 1 PRINTED: 06/28/2000 REQUIRED PARKING COUNT 3 -IN DIA SITE PLAN BUILDING AREA PARKING (EA) TREE HANDICAP- (SF) COUNT COUNT (EA) TOTAL STANDARD HANDICAP VAN (EA) ORIGINAL CU SUBMITTAL 616,418 3,082 3,052 2,991 54 7 830 SHOPKO PLAN SUBMITTAL 614,203 3,071 3,055 2,992 56 7 830 SHOPKO & TEXAS ROAD HOUSE SUBMITTALS 613,447 3,067 3,057 2,994 54 9 830 SHOPKO & TEXAS ROAD HOUSE, 1-G, 1-H & 1-1 613,505 3,068 3,057 2,994 54 9 830 SUBMITTALS SHOPKO & TEXAS ROAD HOUSE, 1-G, 1-H & 1-I SUBMITTALS, SPORTSMAN'S 559,945 2,800 3,011 2,932 66 13 865 WAREHOUSE SHOPKO,TEXAS ROAD HOUSE, 1-G, OLD NAVY, 1-I, SPORTSMAN'S WAREHOUSE, 556,746 2,784 3,017 2,937 68 12 864 SHEPLERS, BED BATH & BEYOND, OFFICE DEPOT SHOPKO,TEXAS ROAD HOUSE, 1-G, OLD NAVY, 1-1, SPORTSMAN'S WAREHOUSE, SHEPLERS, BED BATH & 558,016 2,790 2,999 2,919 67 13 864 BEYOND, OFFICE DEPOT, APPLEBEE'S SHOPKO,TEXAS ROAD HOUSE, 1-G, OLD NAVY, 1-I, SPORTSMAN'S WAREHOUSE, SHEPLERS, BED BATH & 557,715 2,789 2,997 2,917 67 13 864 BEYOND, OFFICE DEPOT, APPLEBEE'S, IHOP SHOPKO,TEXAS ROAD HOUSE, 1-G, OLD NAVY, 1-I, SPORTSMAN'S WAREHOUSE, SHEPLERS, BED BATH & 555,262 2,776 2,983 2,904 66 13 873 BEYOND, OFFICE DEPOT, APPLEBEE'S, [HOP, ARBY'S SHOPKQTEXAS ROAD HOUSE, 1-G, OLD NAVY, 1-I, SPORTSMAN'S WAREHOUSE, SHEPLERS, BED BATH & 555,729 2,779 2,988 2,907 68 13 873 BEYOND, OFFICE DEPOT, APPLEBEE'S, IHOP, ARBY'S, CARL'S JR. NOTE: CITY OF MERIDIAN REQUIRES 1 PARKING STALL PER 200 SF OF GROSS BUILDING AREA. FILENAME: MC CU COMPLIANCES QUADRANT CONSULTING, INC. TAB: SUMMARY PAGE 1 OF 1 PRINTED: 06/28/2000 U) 0 O W a LU U) r J W m a U Q w Z = J Q N If. c CW G p n N O N N M t- � (.0 CD O t- M 0 T CU 0 t� 0 0 0 0 CD ^ O O O N O O N W o co c� N� o M In v_ I.- a) N CD O M O O CO N f` T to co N � Co rn r N f` N O - O O N O T 'V c0 Ic:, n N N CD I(D M ICD �' N t` cD c� CO to O N LO a to r p N o LO N N LO O 00 f` N N to O N O CD M ti f` M to o CD T ID Q h M 0 h 0 f` 0 o t0 f` 00 0 N O N CO H o co cD CI)- C O cD M_ O N r N CO T f` t` (V o 0 0 M N Q O V to N N 4 �f O to CO h h CD °O p r M T N O N Lr) to a T D p co cD Ln N N Ln O � co N N to O N O W M ti of to 00 CD cn D O T O ti 00 0 I� 0 O o O CD I� O o O O 1 N O to r W O H M [D c'7 V O to M O N ^ r N n OD m to f` aD N N O T M O N<'" r M OT CD m In M c0 c'� O 't' N O N CL T to p CO o N O 00 h N N N O N O CD M f` n to cD O cD 0 O 0 n 0 0 f` 0 o o o f` t` O O N O CO r W O F- O M CND c�'t v O CD M O N T oil co rn to t` °� cv o N o M O N N tD to M N c0 c'i CD CL : q* M N O r N to to D co M u� N N LO o 00 N to N CD M ti f` V co to COD to Q1 0 0 O 0 t� 0 CO 0 O 0 O CO,^ h o O� o N O CD W Q1 Q m M V t` T N CD O M O O N T N r� 00 p� ,a, to r C'i to N n p C0 N p r` C,.j M n F W Q N O v v o in N N r M O to O N CO to M M t1Y tD LO Q N to a r T D N W o O 04 N N u'i O O C) to CD s^ cD O O O O h o N 0 O 'CD, o O ti n o O O N to of Z N fq Q O Z M CD cl Lo V N O O) M O N ti N cq v co rn to I- co N to N r O co N 0-0 n C I"> O 2 0 0 C7 v �r cD N to t- r N ti `- to to M M 1n CD WN T M O to FN- j T a U) c0 CD U')N N in O Cn O 0 M N CD h CD T I ti O ,n O CD CD t' -M CD 0 I` 0 c0 0 O 0 O a^ O h O 0 O N 0 to c7 CD cl V O M D't N r to �- an t` N to n c N M tOO W 0) I- or r V cD L N N � to h� NW h N cn to M M to ri tD M Q Q T M O Coa. - T O J r tD a p U J m� o N� N o Ln p O (.'j O O N N m 0 O O 0 �, 0 'n tD o 0 n rn 0 O 0 n 0 C.00 0 O 0 o N 0^ o I, 0 O� 0 0 T 00 r H co cD n v O M T N to to t- to N N er J Q H CT C -D N � to f` Ln O N Ch to M C N m� CD u n m ti tD Z 2 T M O 00 T tD � O O rn p O a(LC T QQmUowiY CL !^ T r r T T T T T T T T s T W O W LU Z W O a O w O vi m ~ v7 _ oa a Z l Q U) = N W Q W O W Q W W Y W J m J a Z J W H !A to Cl) W J =w0-100=LLL. a ¢ O w0 Q CL = 10103 O ti to O CO U aCL �- F - Q W z W F - z O W F m D U) W m O O O W H H z m � o w W 2 ll. ~O W U) Fr Z_ U O W H � O m � U) LL r, U) W U) a. m 0� a Oi a W W O j O M LL W O z z N Z ip � O J .. 7 0 z W Z F- O Z U = a z a 0 a d 0 w C7 Q a MERIDIAN CROSSROADS PARKING SUMMARY SUMMARY TOTAL HIC H/C-V I STND 2,988 681 131 2,907 STARTING @ PRESIDENTIAL & WORKING GENERALLY CLOCKWISE ALONG EAGLE =LORENCE EXTENSION 4LONG 1-D, N -SIDE 41ONG 1-A & CLOSING TO START FLORENCE EXTENSION, N -SIDE 1-P4 CORNER WRAP COMPLETES NW, N OF FLORENCE AND WEST OF 2' 2' ISLAND TO SECOND ACCESS RD, N OF SHOPKO FILENAME: MC CU COMPLIANCE8 QUADRANT CONSULTING, INC. TAB: PARKING COUNT PAGE 1 OF 2 PRINTED: 06/28/2000 59 38 2 36 60 64 64 61 32 32 62 44 44 63 44 3 1 40 64 46 46 65 23 23 66 23 23 67 44 3 1 40 68 8 2 6 69 46 46 70 44 4 40 71 46 46 72 44 3 1 40 73 34 34 74 42 42 75 28 28 76 8 2 6 77 46 46 78 44 4 40 79 6 6 80 30 30 81 50 50 82 32 32 83 12 12 84 6 2 2 2 85 46 46 86 44 3 1 40 87 46 46 88 44 4 40 89 46 46 90 44 3 1 40 91 46 46 92 21 21 93 37 37 1 94 37 37 1 95 12 12 ; 96 5 5 ; 97 11 11 ; 98 18 18 ; 99 18 18 100 18 18 101 18 18 102 16 16 103 12 12 104 10 10 105 18 18 ; 106 10 10 107 20 20 < 108 20 20 < 109 29 29 110 8 8 E 111 16 16 112 22 221E TOTALS 1 2,988 68 13 2,907 PARALLEL TO FAIRVIEW PARALLEL TO FAIRVIEW PARALLEL TO FAIRVIEW W OF ACCESS RD @ MATCH B & N OF STORES E OF ACCESS RD @ MATCH B & N OF STORES E OF 1-P9 PARALLEL TO FAIRVIEW PARALLEL TO FAIRVIEW PARALLEL TO FAIRVIEW W OF THIRD FAIRVIEW ACCESS E OF THIRD FAIRVIEW ACCESS PARALLEL TO FAIRVIEW PARALLEL TO FAIRVIEW PARALLEL TO FAIRVIEW TXRDHS_REV1 TXRDHS REV1 ✓d OF RECORDS OF SPORTSMAN'S & W OF RECORDS SIDE SPORTSMAN'S WAREHOUSE 3 OF SPORTSMANS'S WAREHOUSE 3 OF 1-K THROUGH 1-N 3 OF 1-K THROUGH 1-N 3 OF 1-K THROUGH 1-N 3 OF 1-K THROUGH 1-N 3 OF 1-K THROUGH 1-N 3 OF 1-K THROUGH 1-N i OF 1-K THROUGH 1-N i OF 1-K THROUGH 1-N 3 OF 1-K THROUGH 1-N -OUTH OF 1-J (SHOPKO) SOUTH OF 1-J (SHOPKO) >OUTH OF 1-J (SHOPKO) SOUTH OF 1-J (SHOPKO) ;OUTH OF 1-J (SHOPKO) AST OF 1-E 'OUTH OF 1-E :AST OF 1-D FILENAME: MC CU COMPLIANCE8 QUADRANT CONSULTING, INC. TAB: PARKING COUNT PAGE 2 OF 2 PRINTED: 06/28/2000 R�F ARBY'S APPLEBEE'S NORTH EAGLE ROAD Q Q I -P] 1 -('i lyi���i111111,,,� r.aaos y,��� laws sr. IYR1111�IHI IlIy'yly'ylylj'jlyly y Y m o alp i o q q w 'ZP Z I = N D WII�iIIIIIA III Ii IIIU ' NII (IIII II�1.�w„�Un I • VIM 11111111 iI��lltlffu I�IIIII IIIIIIII IIII II IIR T� qC) O�M(I�I'''l1Y 1-P9 �''II'1IIIIII���Jjf� o IATT�TI V I I I fTTTTTtII I U 14H c 2 WHOM2 6 ^•1i1V1 ' I �11111111Y xl I v 7 0 OUl y + Z Mz' O mmoc r�ir m m + — L r vl mmmii m z-4Am oZTO Z9 0,m (A 0 D m m f D m D, 51«EO BY. C1CUIf0 iY: — •we* MERIDIAN CROSSROADS mm °• '� "FMSO «0 °" COMPLIANCE WITH CONDITIONAL USE PERMIT 0 ■ Quadrant BUILDING FOOTPRINTS AND PARKING C o n s u l t i n g, I n c. KK : PRO.ECT 10. 0RA""G 111E NAYE: 28eei••' 1q1" eJ>ol 1•. t00• Ill •0) CU_COMPIe x. 6--00 . ...0 P,+ ((xGOCx.x:l ACY4 . (Mel Js] -0093 (AY 0 s+rrwc-OaysnluOnOx x.xe¢x[xr August 14, 2000 Will Berg, City Clerk Meridian City hall 33 East Idaho Meridian, ID 83642 Re: Carl's Jr. Restaurant Dear Commissioners: 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 n FAX # 208-463-0092 Phones: Area Code 208 AUG 16 2000 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 CITY OF MERIDIAN The Nampa & Meridian Irrigation District has no comment on the above-mentioned application. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Certified Mailing Returns Project Name Carl's Jr. C`I IF -nn -n4? File No(s) Date of Hearing Name Address Reason for Return 8 -Aug -00 John & Carrie Krishneck 3706 E. Florence Meridian unclaimed 8 -Aug -00 Daniel & Joann Fuller 3750 E. Florence Meridian unclaimed 8 -Aug -00 Kevin & Tina Borchardt 1071 Fillmore Meridian unclaimed 8 -Aug -00 FL & Ma belle Booher Trustees 3622 E. Florence meridian unclaimed 8 -Aug -00 Scott & Jennifer Bruemmer 1247 Caucus Way unclaimed 8 -Au -00 John Minegar 3405 E. Congressional lunclainned NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on September 5, 2000, for the purpose of reviewing and considering the application of Developers Diversified / Dakota Company for Preliminary / Final Plat approval of 10.99 acres with 3 building lots in an I -L zone for proposed Presidential Subdivision generally located on the southeast corner of Presidential Drive and Eagle Road. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 15th day of August, 2000 SHELBY E PUBLISH August 18th and September 1, 2000. Certified Mailing Returns Project Name n rl's J r CUP -00-042 File No(s) Date of Nearing Name Address Reason for Return 8 -Aug -00 Kirt & Kim Orr 3476 Eisenhower unclaimed 8-Auq-00 Matt & Brook Parsons 3450 Florence unclaimed 0 2J. r aw )a3 m� m y ' N = to C3 � A ° n o o C N ]❑❑ ❑ CD g�XX- c D_ 2 CD n CD n CD d m N (D � CL w. ) n3) CD _ m m 3) - CD 3 4 9 � m m o ? o CD CD 0 n CD ❑❑ = CD CCD xU7) o (p c ° i 4 CL �o m D �o x. 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W C7 Q a =w o. 3 ° . cd ,o o a o -n m T ib O O roam coo. m cp y O m N . m =a T � O 0 3 21x �•d m nmc ��. a pF Qy p1. Q Oc0- c C cD o m o C,7 3 " 3 o m � v o a,E x m' dN"3 E n m o H ? � � m1Da 3 � y n 7 0v D d N N O N m m am c D 0 61 3 a N C CLCD C!� 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 7:00 p.m. on August 8, 2000 for the purpose of reviewing and considering the application of Greenstar Foods and TFCM Associates, LTD for a Conditional Use Permit to construct a Carl's Jr. Restaurant with a Drive-thru window currently in a I -L zone generally located at Pad P-3 at the Meridian Crossroads Center. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 17th of July, 2000 PUBLISH July 21, 2000 and August 4,2000 WILLIAM G. BERG, JR., IT CLERK o lip 1jjj'�.!'1!t1jj11 uop c duluueb /W =- ►st c 0002 l 0 d =055; fLoPps 4 3 n 13 I I Q � Site 16 17 IB ® 2 21 22 23 24 25 26 '2TO 29 c 4 5 6 7 8 6 Z i i 12 13 14 15 E. FLORENCE DR. E. FLORENCE OF R 18 11 �1 1 18 19 21 2� 23 Z4 16 16 25 28 10 F4 IS 15 19 9 2 13� Z -----a_ _ b 7 14 20 9 6 T d 9 Z 13 21 T 4 2 3 4 10 t2 29 2 22 10 6 I 10, CONGRES 1 NAL e u 23 i -10 5 6 1 1. 20 21 22 Q 52 5 i N B 30 31 �G 25 � l 4 2 T 9 •10 3 4 5 11 S3 s I 6 IZ " 26 Z I 3 E OE15ENµOWE p IS 14 I5 2 27 2 1 27 ZQ - .� B t- ze `-- 1 i' 6 j� 29 CE_ FRES10EN1IAL— OR. t( 30 3 9 IT 3T 5 29 I�! . {g 26 3z 16 m 4 30 5 - — -- ------ I 3 4- ,7 19 3 31 9 I IQC 2O 9 39 2 32 E 35 2 oR F 9 J j i 6 7 18 10 2' Dl ' I 36 33 �R..( Fi-l_�0�6 iZO�PS o 2 S s 22 3T 38 n s 3 " OO Fps Z 34 0 i Sfjot'f7l (z GENTE2 - 12 23 39 o� s J '� ao �F 35 0 5 z 1 I�25 24 C 22 S O 119 1g 1 16 15 25 45 44 43 42 41 O'p E JV OICIt14 DR 6 - PRESIDENTIAL DR. W a 9 - I j 13 14 1 2 3 4 5 // 30 29 26 27 26 25 24 tij� EG-tN 1_TY MAP_ 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 7:00 p.m. on August 8, 2000, for the purpose of reviewing and considering the applications of: Barghausen Consulting Engineers for a Conditional Use Permit to construct a Fred Meyer Gas Station Facility with a canopy, five multi -product dispensers, cashiers kiosk and parking lot improvements currently in a C -G zone generally located at Fairview Avenue and Locust Grove. Greenstar Foods and TFCM Associates for a conditional use permit to construct a Carls Jr. with a drive-thru window currently in a I -L zone generally located at Pad P-3 at the Meridian Crossroads Center. Developers Diversified / Dakota Company for a Preliminary Plat and a Final Plat of three building lots on 10.99 acres currently in a I -L zone generally located at the southeast corner of Presidential Dr. and Eagle Road at the Meridian Crossroads Center. Primeland Development Co., LLP for Annexation And Zoning of 52.9 acres from RT to R-4 for proposed Bridgetower Subdivision; furthermore, the applicant also requests Preliminary Plat approval of 106 building lots and 21 other lots on 46.20 acres in a proposed R-4 zone and a Conditional Use Permit to construct a planned unit development consisting of 106 buildable lots , 1 park lot, 1 H.O.A recreation center and 19 common lots generally located at East of Ten Mile, North of Ustick for proposed Bridgetower Subdivision. Rod and Sheri Eisele for a Conditional Use Permit to construct Eagle Concrete Pumping in a Flood Plain Overlay District currently in an I -L zone generally located in the Meridian Business Park. PUBLISH July 21, 2000 and August 4, 2000