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Walmart CUP 00-004NOTICE 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 January 11, 2000 for the purpose of reviewing and considering the application of Developers Diversified Realty Corp. (Dakota Company, Inc.) for a conditional use permit for the expansion of Meridian Crossroads Shopping Center located at the southeast corner of Records Drive and Fairview Avenue. 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 20th day of December 1999. WILLIAM G. BERG, JR., Cl CL RK PUBLISH December 24, 1999 and January 7, 2000 �o _SEAL TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: December 23, 1999 TRANSMITTAL DATE: December 9, 1999 HEARING DATE: January 11, 2000 FILE NUMBER: CUP -00-004 REQUEST: CONDITIONAL USE PERMIT FOR COMMERCIAL — EXPANSION OF THE MERIDIAN CROSSROADS SHOPPING CENTER BY: DEVELOPERS DIVERSIFIED REALTY CORP. C/O DAKOTA COMPANY, INC. LOCATION OF PROPERTY OR PROJECT: SOUTHEAST CORNER RECORDS DRIVE AND FAIRVIEW AVENUE TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT SANITARY SERVICE _BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: 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 CHARLES ROUNTREE 33 EAST IDAHO (208) 887-2211 • Fax 887-1297 GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING RON ANDERSON City Clerk Fax (208) 888-4218 DEPARTMENT KEITH BIRD (208) 884-5533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: December 23, 1999 TRANSMITTAL DATE: December 9, 1999 HEARING DATE: January 11, 2000 FILE NUMBER: CUP -00-004 REQUEST: CONDITIONAL USE PERMIT FOR COMMERCIAL — EXPANSION OF THE MERIDIAN CROSSROADS SHOPPING CENTER BY: DEVELOPERS DIVERSIFIED REALTY CORP. C/O DAKOTA COMPANY, INC. LOCATION OF PROPERTY OR PROJECT: SOUTHEAST CORNER RECORDS DRIVE AND FAIRVIEW AVENUE TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT SANITARY SERVICE _BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: --I J � Q) c m N E m n D Q- tl N Q�JxccC C N L �O N O m E C C Eco_�m ID CL j O °j 16 rna�i E%+a E ro a 2ro m y) Eco c o o E c ECL u) LL EEDc_°mm °� oEE Q C, N g ro o N0� �NENrnm y 01.E RS oC a) 0 N Q) N (n 0) ...c. o O a� a`EI c cwva ° no°- �� Yrno `c a — m c c U) N > > mmC 7n50.o a)OUE,5 (n C) c roO-0C:)oc x m Q V c6 J E O o G N E 0-C °room��` o C,aoE�zro m� wca J C 0-- 0 N ro _O O F � ro Y U c> ID g li o c E�� OJR, 'p Er (D O m (CO J U C U) E 'O c C m> 0Z5. 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O to U E Sc�- `� O 7 U E 0 _ 0 QUc6 .UEaDCL .� 0 p O J j EooE�o� oao.-ro�0 no m O mro Y U) c> E«°"Eroca r�ro� a m o _0 .— m QC°-�E�C _ .. w _ � 'gyp c m> 0 Nc 0 _o 02ro o = 7u.a��Ea no a Q-- 'y'��c c N 00 a7 O m oc0�m�o d d Y L L c m c$O-��" O Eat cf c c .0 Sam` �0 a___° L`' CL 0 U `0 U ❑❑ 2 cc0i u�roi L E a d 0° o o a a�o�apm - =ToEc,0O m wL W m L a o- H o m Y C0 C E m W m 7 E X Oz LO r a) � X Eo 0o(l, 40L o Q Q Lui o> � 7F7or m 0 nU !(� i „ — a d 0 y¢ TUU J _Sc N d �0000 LUCC CL E E O Q U Q E a n a p ,p N Q7 d E Cl) N ( LL m 0 } _ E Q a a z O = a � 0 o D w = a o Lu Z C) LO a)i U -m0 r— ^ LL (J/) Z (1 . 0 z Z5a O Em Q m 7 N Z .> t- o v m It LO rO rl 10 75 co C N ca N cHa`) N N -6 a) N N N'�� d0 co E CO Za0c� c Nd CO ^ Zo E 7 O p r fV o LL elgeluno3oV aoa a NOV 18 '99 16:14 FR PUBLIC WORKS 2088871297 TO 3434954 P.02iO4 [)eyelopers Divers►Acd (a►'fY Corp. PROPERTY OWNERS WPTll[[N 300' KLEINER WALTER HERMAN AND CLOVERDALE PARK INC KLEINER EUGENE M 1200 N CLOVERDALE RD PO BOX 4003 BOISE ID 83713-7805 BELLEVUE WA 98009-4003 1267 N CLOVERDALE RD 3600 E FAIRVIEW AVE E FAIRVIEW AVE LYON RAY B AND SWAINNANCY SCHUERMAN FREDERICK & LINDA 3724 E FLORENCE DR 120 HEARTHSTONE DR MERIDIAN ID 83642 1301SE ID 83702-1720 1787 N CLOVERDALE RD FULLER DANIEL L & FULLER JOANN M HAMILTON FMLY LTD PARTNERSHIP 3750 E FLORENCE DR 11631 W ONEIDA DR MERIDIAN ID 83642 BOISE ID 83709-3863 E FAIRVIEW AVE NASTEKA VLADIMIR & NASTEKA GALINA SCHUERMAN FRED & LINDA AND 3786 E FLORENCE RD THUESON GREG B & SHERI K MERIDIAN ID 83642 6062 EMERALD ST BOISE ID 83704-8855 WOODVINE GALEN H & 4340 E FAIRVIEW AVE WOODVINE CAROL 3808 E FLORENCE DR TFCM ASSOCIATES LLC MERIDIAN ID 83642 455 E 500 SOUTH SUITE #400 CROSSROADS NEIGHBORHOOD SALT LAKE CITY UT 84111 ASSOCIATION INC E FAIRVIEW AVE 2304 N COLE RD BOISE ID 83704-7371 GIBSON DANIEL G JR & CAROLYN N RECORDS AVE 19500 HIGHWAY 2026 E FLORENCE DR CALDWELL ID 83605-8770 4025 E FAIRVIEW AVE NAMPA MERIDIAN IRRIGATION DISTRICT TERRACE LAWN 1503 1ST ST SOUTH MEMORIAL GARDENS INC NAMPA ID 83651 1200 N CLOVERDALE RD N RECORDS AVE BOISE ID 83713-7805 4225 E FAIRVIEW AVE LUDWIG BRANT & LUDWIG JOANNE HERMES ASSOCIATES LTD 3854 E FLORENCE DR 455 E 05TH SOUTH MERIDIAN ID 83642 SUITE #400 SALT LAKE CITY UT 84111 JUDY J VICTOR & N EAGLE RD JUDY LAVERNE 3310 N WELFORD SCHUTTE LILLIAN K BOISE ID 83704 STATES REALTY 3876 E FLORENCE DR 6884 FAIRVIEW AVE BOISE ID 83704-8501 4465 E FAIRVIEW AVE NOV 18 '99 16:14 FR PUBLIC WORKS 2088871297 TO 3434954 STUCKER ROBERT L & CLOT BARRY JR HUYNH THIEN THI 1236 N PRINCIPLE WAY 3898 E FLORENCE DR MERIDIAN ID 83642 MERIDIAN ID 83642 N PRINCIPLE WAY CLASSICK STEPHEN T & BENNETT GREG A CLASSICK SANDRA E 5149 CANARY LN 1238 N CAUCUS WAY NAMPA ID 83687 MERIDIAN ID 83642 3920 E FLORENCE DR 3942 E FLORENCE DR RUTHERFORD R STEPHEN & CRAWFORD MARCUS W & RUTHERFORD MICHELLE C LAURSEN KEVIN P & 1230 N LEGISLATIVE WAY LAURSEN ELAINE L MERIDIAN ID 83642 3964 E FLORENCE DR MERIDIAN ID 83642 HARPER JAMES D & JUDY J VICTO HARPER MANDY S KEATING WILLIAM D & 1229 N LEGISLATIVE WAY KEATING CAROL D MERIDIAN ID 83642 3986 E FLORENCE DR 915 N CLOVERDALE RD MERIDIAN ID 83642 MONAHAN DONA DEE 1218 N PRINCIPLE WAY MARKHAM E EDWIN MERIDIAN ID 83642 4000 E FLORENCE DR MERIDIAN ID 83642 JUDY J VICTJ@d & JUDY RNE WOOD JASON E & 3310 ORD WOOD LINDSAY M E ID 83704 3855 E FLORENCE DR 212 N LEGISLATIVE WAY MERIDIAN ID 83642 HELM PAMELA K & MILLS TIMOTHY W HELM EMERY W 3805 E FLORENCE DR 1211 N LEGISLATIVE WAY MERIDIAN ID 83642 MERIDIAN ID 83642 PROVENCIO KRISTOFER & DELEURY A MARIE PROVENCIO LEAH 1180 N PRINCIPLE WAY 1260 N PRINCIPLE WAY MERIDIAN ID 83642 MERIDIAN ID 83642 N PRINCIPLE WAY PEDERSON DOUGLAS K & PEDERSON NANCY L CORTINA EDELIA 1194 N LEGISLATIVE WAY 3939 E FLORENCE DR MERIDIAN ID 83642 MERIDIAN ID 83642 ONEILL CRAIG E & CRAWFORD MARCUS W & ONEII.L JULIE A CRAWFORD MOLLY J 1189 N LEGISLATIVE WAY 1256 N LEGISLATIVE WAY MERIDIAN ID 83642 MERIDIAN ID 83642 SOUTHERN IDAHO CORP OF JUDY J VICTO SEVENTH -DAY ADVENTISTS JUDY LA PO BOX 4878 3310 N LFORD BOISE ID 83711878 BOI ID 83704 915 N CLOVERDALE RD 1 N PRINCIPLE WAY P. 03/04 .= .' NOV 18 '99 16:14 FR PUBLIC WORKS BEDARD GERARD M & BEDARD MARY L 1154 N PRINCIPLE WAY MERIM AN ID 83642 O VERSETH TEENA AND HAWS ANTHONY 1172 N LEGISLATIVE WAY MERIDIAN ID 83642 LEATHAM JARED Q & LEATHAM TAMMT R 1130 N PRINCIPLE WAY MERIDIAN ID 83642 SASS CARL N & SASS DOLORES 1158 N LEGISLATIVE WAY MERIDIAN ID 83642 WENTWORTH BOYD V & WENTWORTH KRISTY L 1126 N LEGISLATIVE WAY MERIDIAN ID 83642 MARCHAL BART A & MARCHAL GLENDA R 1108 N PRINCIPLE WAY MERIDIAN M 83642 2088871297 TO 3434954 P.04iO4 �o ?"N 101 ii uZ uw 3F J z 0 a F 5 to Eli is J 5 ,� o m gal Sim 1 g ilm _� os oo o •`� a e — f §i alis &o sa_ ds `_= e s �m m s Z o o s^ e LL _mom 1 1s ISM H wm 3 - Z m Om g -------- --- w ----------- ---- ----- .'--------------- WLL ui p; UN Ol E ,y OP lZ wh ~ - _ co - .0 . E m dg 0 --------- - - a z p D _ d =- zm wW 0 - �� rr o 0 .� 0 s � a Q 0 a o � - o u W -- Fm�U ae aeoa-` m V t C ; ®9 -Wx r�'I1 ; - o�LL o ve �J O �� O _03 oN �S� m ❑ od _ _ - �� - HA v ♦ ♦ i 3= ....� s �- e e e .� EJ �IO � 1 D HIM L! m gN 3'y ; ®9 -Wx e ; - o�LL o m - �� - HA 12 m' s �- cd Z3 a �IO � 1 D HIM b p--------------------- ----------------------- O a MUM tutu 9E Lo'e m ♦ p = o 3 asic 21 ta -& Elpq L � w 721u�1 F-1 Z 'a �' c E � � € ♦ x � z i 3 C & � a UYc m � .�❑ e � � �++ a b p--------------------- ----------------------- O a MUM tutu 9E 3 asic -& es L � =s b p--------------------- ----------------------- O a E 0 H- n November 30, 1999 DAKOTA COMPANY, INC Ms. Shari Stiles Planning Director/Zoning Administrator City Of Meridian 200 East Carlton Suite 201 Meridian, Idaho 83642 RE: Meridian Crossroads Shopping Center Phase H Expansion Conditional Use Permit Application Dear Shari: Enclosed is an application for a Conditional Use Permit for the phase II expansion of the Meridian Crossroads Shopping Center on the southeast corner of Records Drive and Fairview Avenue. All of the required documentation along with the application fee of $354.58 is enclosed. Please review. Should you have any questions please feel free to contact me. Sincerely, Tom Bauwens Dakota Company, Inc. For Developers Diversified Realty Corp. ■ PHONE (208) 343-5223 FAX (208) 343-4954 380 EAST PARKCENTER BLVD, SUITE 100 BOISE, IDAHO 83706 CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT F1 C U P-00 -Oo'i X 1 r l GEC C ? ►;: CI'r NAME: Developers Diversified Realty Corp. PHONE: 43-5273 c/o Dakota Company, Inc. ADDRESS:380 E. Parkcenter Blvd., Suite 100, Boise, ID. 83706 GENERAL LOCATION: Southeast Corner Records Drive & Fairview Avenue DESCRIPTION OF PROPOSED CONDITIONAL USE: Expansion of Meridian Crossroads Shoppinq Center. ZONING CLASSIFICATION: C -C I certify that the information contained herein is true and correct. Ftp: 17�YEZOpEJ25 9�v�XXS'�f'ir7� %ENG -T1/ Gbs�2� Signature of Applicant Social Security Number 34 -t� 6�"3 7d 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 for the property generally described as located at SUBDIVISION, BLOCK , LOT TO Developers Diversified Realty Corp. Conditional Use Permit Application Meridian Crossroads Shopping Center - Phase II Expansion Southeast Corner Records Drive & Fairview Avenue 1.) Applicant: Developers Diversified Realty Corp. 3300 Enterprise Parkway Beachwood, Ohio 44122 Phone: 216-755-5656 Fax: 216-755-1678 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: Southeast corner of Records Drive and Fairview Avenue Approximately 24 +/- acres. 3.) Property Owners: Hermes Associated, Ltd. and Developers Diversified Realty Corp. 3300 Enterprise Parkway Beachwood, Ohio 44122 Phone: 216-755-5656 Daniel G. Gibson, Jr. and Carolyn A. Gibson 19500 Highway 2026 Caldwell, Idaho Timothy T. Gibson 1200 North Cloverdale Road Boise, Idaho 83713 Phone: 208-342-8221 See Attached "Affidavits Of Legal Interest" Conditional Use Permit Application page 2/3 4.) Legal Description: See attached legal descriptions 5.) Existing Use: Western 11.4 +/- acres is vacant. Eastern 13 +/- acres is an operating sod farm. 6.) Proposed Use: Commercial - Expansion of the Meridian Crossroads Shopping Center. 7.) Zoning: The eastern 13 +/- acres of the subject property recently received a Comprehensive Plan Land Use Map amendment change from residential to commercial and annexation into the City Of Meridian with a C -C zoning designation. The western 11.4 +/- acre portion of the subject property has been rezoned to a C -C zone designation. As a Condition Of Approval of the Comprehensive Plan Amendment, Annexation and Rezoning, the project was required to obtain a Conditional Use Permit. See Comprehensive Plan Land Use Map Amendment CPA -99-002 See Annexation And Zoning AZ -99-012 See Rezone RZ-99-007 8.) Site Characteristics: The project site is located on the southeast corner of Records Drive and Fairview Avenue with approximately 1,310 feet of frontage along Fairview Avenue. The western 11.4 +/- acres of the property is currently vacant and the eastern 13 +/- acres is an operating sod farm. The 11.4 acre portion of the property is part of the existing Meridian Crossroads Shopping Center. Immediately east of the subject property is an existing cemetery, which provides an excellent buffer to commercial uses. Immediately south of the western portion of the project is the existing Crossroads subdivision. South of the eastern portion of the project is an operating sod farm. The development plans are to integrate the subject property into the Meridian Crossroads Shopping Center. The property will be accessed with entries onto Fairview Avenue Conditional Use Permit Application page 3/3 and Records Drive. Venture Street will be extended south from Fairview Avenue along the east side of the project. 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: See attached. 12.) Site Plan: See attached. 13.) Landscape Plan: See attached. 14.) Building Elevation: See attached building elevation views and materials. 15.) Traffic Analysis: See attached letters from Dobie Engineering and ACRD. 16.) Signage: See attached site plan. One 35' high pylon sign with six tenant spaces of out lot #2. One pylon 35' high pylon sign for center located at main entry on Fairview Avenue. See attached for pylon sign details. 17.) Mailing List: See attached. C C CD0- �w w° O �_n —m -Ti 0) i C Wo?C m o N C v `C,7 a z 1,0 4 -3- -DAKOTA COMPANY -INC 380 EAST PARKCENTER BLVD. STE100 'FARMERS &MERCHANTS STATE BANK;' BOISE, ID 83706 GARDEN CITY OFFICE.' (208) 343-5223 .: - ' BOISE, -IDAHO 83714: �� 92-151-1241 - - > - ' DAT�� Pmh `r 1 1999 � PAY ThrAa hnnr�rcr7 f i ftp frr 6 rinl"1 arm ani? \SR f 1 00 -DOLLARS $ X54 $' TO THE ORDER OFCity of Meridian', ------ 1180040 4 eridian11■00 04 311' is 1 24 1 0 L 5 L 3i: .--S2003 20 Ln■ D z Oc Q 3 fli O b W (D (D ��\ iii r N N 7 0 - \ 7 a CL W� _ A < r- 0 a 3 - O y � v n 0 = D b � G1 o 3 a m b 3 0 C Z D ti J M Q = - o N m� �0 m� 0 4 D D X r 0 o 'A J , n C C CD0- �w w° O �_n —m -Ti 0) i C Wo?C m o N C v `C,7 a z 1,0 4 -3- -DAKOTA COMPANY -INC 380 EAST PARKCENTER BLVD. STE100 'FARMERS &MERCHANTS STATE BANK;' BOISE, ID 83706 GARDEN CITY OFFICE.' (208) 343-5223 .: - ' BOISE, -IDAHO 83714: �� 92-151-1241 - - > - ' DAT�� Pmh `r 1 1999 � PAY ThrAa hnnr�rcr7 f i ftp frr 6 rinl"1 arm ani? \SR f 1 00 -DOLLARS $ X54 $' TO THE ORDER OFCity of Meridian', ------ 1180040 4 eridian11■00 04 311' is 1 24 1 0 L 5 L 3i: .--S2003 20 Ln■ City of Meridian Application for a Conditional Use Permit For Meridian Crossroads Shopping Center - Phase II Expansion November 29, 1999 Submitted By Developers Diversified Realty Corp. And Dakota Company, Inc. Engineering Support Provided By Pacific Land Design 0 Hubble Engineering, Inc. LEGAL DESCRIPTIONS NOV-30-1999 17:32 HURBLE ENGINEERING kil'�2 HUBBLE ENGINEERING, INC. 9550 Bethel Court . Boise, Idaho 83709 Project No. 9925000 208 378 0329 P.02iO3 208/322-8992 . Fax 208/378-0329 DESCRIPTION FOR DDRC TOTAL PROJECT BOUNDARY November 30, 1999 A parcel of land located in the NW1/4 of the NE1/4 of Section 9, T.3N., R.1 E., B. M., Ada County, Idaho, more particularly described as follows: Commencing at the N1/4 comer of said Section 9 from which the NE corner of said Section 9 bears South 89°22'32" East, 2659.01 feet; thence along the North-South mid-section line of said Section 9 South 00048°14" West, 49.74 feet to a point on the South right-of-way line of Fairview Ave. (US Highway 30), said point also being the REAL POINT OF BEGINNING; feet; feet; thence along said South right-of-way line South 89035'24" East, 708.66 thence leaving said South right-of-way line South 14°59'32" West, 276.87 thence South 00°48'14" West, 554.06 feet; thence North 89°35'24" West, 640.79 feet to a point on the North-South mid-section line of said Section 9; thence along said mid-section line South 00°48'14" West, 9.09 feet; thence North 89°35'32" West, 569.33 feet to a point on the easterly right- of-way line of N. Records Ave. thence along said right-of-way line for the following seven courses: 84.19 feet along a curve to the left to a point, said curve having a radius of 238.45 feet, a delta of 20013'46" and a long chord bearing North 14°07'53" West, 83.75 feet; thence North 22°18'38" West, 2.62 feet to a point; .11 NOV-30-1999 17:32 t -^''%LE ENGINEERING 208 378 0329 P.03iO3 thence 57.89 feet along a curve to the left to a point, said curve having a radius of 143.75 feet, a delta of 23°04'30" and a long chord bearing North 10024'03" West, 57.50 feet; thence North 00025'00" East, 277.97 feet to a point; thence North 02037'35" East, 298.24 feet to a point; thence North 00°25'00" East, 78.20 feet to a point; thence North 45031'25" East, 40.92 feet to the South right-of-way line of Fairview Avenue as created by warranty deed with Instrument Number 99072864 of Ada County records; thence along said south right-of-way line South 89°22'10" East, 567.23 feet to the North-South mid-section line of said Section 9; thence along said mid-section line North 00048'14" East, 10.26 feet to the Real Point of Beginning. Containing 23.59 acres more or less. Prepared by: NUBBLE ENGINEERING, INC. JeTRW\kmMeridianXRoads2-DORO-TotalProiSoundary Todd. R. Waite, P.L.S. TnTO1 0 n7 NOU-30-1999 13:25 ABLE ENGINEERING �G\N�FR NUBBLE ENGINEERING, INC. 9550 Bethel Court . Boise, Idaho 83709 Project No. 9925000 D.D.R.C. REMAINDER PARCEL PROPERTY DESCRIPTION 20e 378 0329 P.02/03 208/322-8992 ■ Fax 208/378-0329 November 30, 1999 A parcel of land located in the NE1/4 of the NW1/4 of Section 9, T.3N., RAE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the comer common to Sections 4, 5, 8 and the said Section 9; thence South 89°22'10" East, 2659.63 feet to the 1/4 corner common to said Sections 4 and 9; thence South 0°48'14" West along the North-South mid-section line 60.00 feet, to the REAL POINT OF BEGINNING; thence continuing along the North-South mid-section line South 0048'14" West 820.85 feet to a point; thence North 89035'32" West, 569.33 feet to a point on the easterly right-of-way line of N. Records Ave.; thence along said right-of-way line for the following seven courses: 84.19 feet along a curve to the left to a point, said curve having a radius of 238.45 feet, a delta of 20013'46" and a long chord bearing North 14°07'53" West, 83.75 feet, thence North 22°18'38" West, 2.62 feet to a point; thence 57.89 feet along a curve to the left to a point, said curve having a radius of 143.75 feet, a delta of 23°04'30" and a long chord bearing North 10°24'03" West, 57.50 feet; thence North 00025'00" East, 277.97 feet to a point; thence North 02°37'35" East, 298.24 feet to a point; thence North 00°25'00" East, 78.20 feet to a point; Page 1 of 2 NOV-30-1999 13:25 FABLE ENGINEERING 208 378 0329 P.03iO3 thence North 45°31'25" East, 40.92 feet to the South right-of-way line of Fairview Avenue as created by warranty deed with Instrument Number 99072864 of Ada County records: thence along said South right-of-way line South 89°22'10" East, 567.23 feet to the Real Point of Beginning. Containing 11.29 acres (491,667 square feet) more or less. Prepared by: HUBBLE ENGINEERING, INC. J:TRW/vw/DDRC-Remainder Todd R. Waite, P.L.S. Page 2 of 2 04/29/1999 09:59 2083850696 TEALEY'S LAND SURVEYING Project, No.: 1882 Date: April 29, 1999 TEALEYS LAND SURVEY PAGE 01 915 West Jefferson Street • Boise, Idaho 83702 DESCRIPTION FOR TIM GIBSON — PARCEL I (208) 385-0636 Fax (208) 385-0696 A parcel of land being a portion of the NW 1/4 of the NE 1/4 of Section 9, T.3N., R. I E., B.M., Ada County, Idaho as shown on Record of Survey No. 1283, filed for record in the office of the Ada County Recorder, Boise, Idaho and more particularly described as follows: Commencing at an iron pin marking the North. 1/4 comer of said Sectiou 9; thence along the centerline of said Section 9 South 00°48'35" West, formerly South CC°48'14" West, 49,74 feet to a brass cap on the South right-of-way line of Fairview Avenue, said point being the POINT OF BEGINNING; thence along said South right-of-way line South 89°35'00" East 432.45 feet to an iron pin; thence leaving said South right- of-way line South 00042'46" West 503.18 feet to an iron pin; thence North 89035'00" West 433.30 feet, formerly 433.25 feet, to an iron pin On said centerline of Section 9; thence along said centerline North 00°48'35" East, formerly North 00'48'14" East, 503.19 feet to the POINT OF BEGINNING, Said parcel of land contains 5.00 acres, more or less. Omy ! -dce.dac . jdc T.A Rf1w 04/29/1999 09:59 2083850696 TE41-EYS LAND SURVEY PAGE 02 TEALEY'S LAND 915 west Jefferson Street • Bo!Se, Idaho 83702 SURVEYING (208) 385-0536 a] -- -_— Fax (208) 385-0696 Project, No.: 1882 Date: ,April 29, 1999 DESCRIPTION FOR TIM GIBSON – PARCEL 2 A parcel of land being a portion of the NW 1/4 of the NE 114 of Section 9, T.3N., R -1E., B,M., Ada County, Idaho and more particularly described as follows: Commencing at an iron pin marking the North V4 corner of said Section 9; thence along the centerline of said Section 9 South 00°48'35" West, formerly South 00°48'14" West, 49.74 feet to a brass cap on the South right-of-way line of Fairview Avenue; thence along said South right-of-way line South 89°35'00" East 432.45 feet to an iron pita marring the POINT OF BEGINNING; thence continuing South 89°35'00" East 276.21 feet to a point; thence leaving said South right-of- way line South I5100'00" West 276.88 feet to a point; thence South 00148'35" West 554.06 feet to a point; thence North 89035'00" West 640.79 feet to a point on said centerline of Section 9; thence along said centerline North 00148'35" East 318.83 feet to an iron pin; thence leaving said centerline South 89135'00" East 433.30 feet to an iron pin; thence North 00°42'46" East 503.18 feet to the POINT OF BEGINNING, Said parcel of land contains 7.30 acres, more or less. 1.AAij% C:Wy CMcumon:elvrordldaeNSE7-2-des.doc -jde rM ENG/A, Ul . HUBBLE ENGINEERING, INC. r 9550 Bethel Court ■ Boise, Idaho 83709 9y0 SURVEyOQ Project No. 9904000 DESCRIPTION FOR FAMILY CENTERS AT MERIDIAN ADDITIONAL PROPERTY ANNEXATION 208/322-8992 ■ Fax 208/378-0329 April 30, 1999 A parcel of land located in the NW1/4 of the NE1/4 of Section 9, T.3N., R.1E., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the N1/4 corner of said Section 9 from which the NE corner of said Section 9 bears South 89'22'32" East, 2659.01 feet; thence along said section line South 89022'10" East, 708.49 feet; thence leaving said section line South 00°37'28" West, 47.09 feet to a point on the South right-of-way line of Fairview Ave. (US Highway 30); thence leaving said South right-of-way line South 14059'32" West, 276.87 feet; thence South 00048'14" West, 554.06 feet; thence North 89035'24" West, 640.79 feet to a point on the North-South centerline of said Section 9; thence along said North-South center line North 00048'14" East, 871.76 feet to the Real Point of Beginning, containing 13.09 acres, more or less. Prepared by: HUBBLE ENGINEERING, INC. 770 GGC/vw/familycentersMerid-annex Gregory G. Carter, P.L.S. 1p NUBBLE ENGINEERING, INC. 9550 Bethel Court ■ Boise, Idaho 83709 208/322-8992 ■ Fax 208/378-0329 9 e SUR0 O VEY Project No. 9904000 April 30, 1999 DESCRIPTION FOR DDR COMPREHENSIVE PLAN PARCEL A parcel of land located in the NW1/4 of the NE1/4 of Section 9, T.3N., R.1E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the N1/4 corner of said Section 9 from which the NE comer of said Section 9 bears South 89°22'.32" East, 2659.01 feet; thence along the North-South center line of said Section 9 South 00°48'14" West, 49.74 feet to a point on the South right-of-way line of Fairview Ave. (US Highway 30), said point also being the REAL POINT OF BEGINNING; thence along said South right-of-way line South 89°35'24" East, 708.66 feet; thence leaving said South right-of-way line South 14°59'32" West, 276.87 feet; thence South 00°48'14" West, 554.06 feet; thence North 89°35'24" West, 640.79 feet to a point on the North-South centerline of said Section 9; thence along said North-South center line North 0048'14" East, 822.02 feet to the Real Point of Beginning, containing 12.30 acres, more or less. GGC/vw/FamCtr-DDRCompPlan Prepared by: HUBBLE ENGINEERING, INC. J Gregory G. Carter, P.L.S. 04/29/1999 09:59 N 00°48'39" t 49.74' 2083850599 TEA'LEYS LAND SURVEY _PAGE 03 FAIRVIEW AVENUE 4 PARCEL 3 291,398 z4 -ft 6,690 cGres 1 i S 89'2'1$" 9 1335-85' Hermes Associates, Ltd and Developers Diversified Realty Corp. WARRANTY DEED AND TITLE COMMITMENT ..r n C "t J. ': '✓ARG ID,^,1,0 1958 MY 19 Pi 1. 4: 2.3 ALLIAN6�� ri 19 5 CORPORATION WARRANTY DEED For value Received GENITONE. INC., a corporation dulv organized and existing under the laws of the State of Idaho, ("Grantor") does hereby Grant, Bargain, Sell and Convey unto HEWYIES ASSOCIATES, LTD, a Utah limited partnership, ("Grantee") whose current address is 455 E. 50 S., Suite 400, Salt Lake City, Utah 841 11, the following described real estate within the city of Meridian, Idaho, to -wit: A parcel of land located in the Southwest Quarter of the Northwest Quarter of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as more particularly described on Exhibit "A" as Parcel 1#1 and a parcel of land located in the Northeast Quarter of the Northwest Quarter of Section 9, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, as more particularly described on Exhibit "A" as Parcel 45. TO HAVE AND TO HOLD the said real property with all appurtenances (including, but not limited to, all water rights or ownership interests in any irrigation districts or entities) unto the said Grantee, its he 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 parcel is free and clear of all easements, restrictions, and encumbrances, expect: 1 . Reservations or exceptions in patents or in Acts authorizing the issuance thereof. 2. General Taxes for the year 1998, a lien but not vet due and payable - 3. Negative Easement and Restrictions contained in Warranr/ Deed, and the terms and conditions thereof: In Favor of State of Idaho Recorded January 24, 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. 3647/31 purpose Irrigation Ditch right-of-way 5. Minerals and mineral rights as reserved to Upland Industries Corporation, a Nebraska corporation, by Special Warranty Deed recorded August 31, 1990, as Instrument No. 9047045, records of Ada County, Idaho. CORPORATION WARRAINTY DEED - 1 I D:' 051998\Gcmionc\corp- war. dced] 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 Affects Parcel 5 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 Records. And amended by Exchange Deed recorded April 8, 1994, as Instrument No, 94032501. Affects Parcel 1. 8. Easement and the terns and conditions thereof: In Favor of Ada County Highway District Purpose Temporary access road between the proposed Crossroads Subdivision No. 5 and Fairview Avenue Recorded October 1, 1997 Instrument No. 97081013 Affects Parcel 5 9. Rights and interests of the Nampa -Meridian Irrigation District. 10. Easements and rights-of-way for or associated with irrigation ditches and facilities appearing on the above-described real estate. IL Easements and rights associated with the diversion structure for a pressure irrigation system utilized by Crossroads Subdivision. IN WITS+ -ESS W -HEREOF, the Grantor, pursuant to a Resolution of its Board of Directors has caused its corporate namp;o be hereunto subscribed by its President and its corporate seal to be affixed by its Secretary this day of May, 1998. GEMTONE, INC. Thomas T. Wright, Preside CORPORATION WARRANTY DEED - 2 [D:1,05 1998\Gcmtonc�corp-war.dccd) STATE OF IDAHO ss. County of Ada h On this zyyL day of May, 1998, before me, a Notary Public in and for said State, personally appeared THOMAS T. WRIGHT and � L, S , known to me to be the President and Secretary of the corporation that executed this instrument or the persons who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and vear in this certificate first above written. <<%I Big III I" ,N J. GV� awe �r .� p� R y . ° G . • 3 P UD L1 ° C. . o o =: TE CF CORPORATION WARRANTY DEED - ? ([):'.05 1998\Gcmtonc\corP-war.deedl C�tLC LQi v'— Notary Public for, lah Residing at 1 Commission expires 5' • + , c Exhibit "A" Cc `-nued PAFiCZL 5 A parcel of lard located in the Northeast Qua= --e=' of the NorthwHst Quartan of Section 9, Townahip 3 North, Aar-ge I Easc, Boise Marie -an, Ada CoL'.-it f, Idaho, mere pa=titularly desc,ibad as follows CCMME`YCING at the carne= ccrmnon to Sections 4, 5, 8 and the said,: 8cction 91 thence south 89 degraes 22'108 East, 2659.63 fn�t to the Qua=tan corner ecnmmcn to staid Sections 4 and 9; thence South 00 deg --tea 48'14" West, 49.74 feet Cc a &ointjon the Southerly right -of -way of Faiz-vi°W v—anua , contdnuoiat : g beithe REAL POINT OB BEGL2TNIMI along the North-South mid-section Zine poi -Mt; thence South 00 deg==e3 48'14' We=t, 831.11 feet to a p North 89 degrees 35'32" West, 596.18 fewt to a Fc a ont; thence 940-th Oo degrees 25'00'rg-Eof-wa Bof.F1a's��ewtAvenuc;nt all thA thence 9oLt..arly = g Y along said r=ght-of-gray South 89 degrmes 35124" Bast, 601.79 fan= to the PON'i OF BEGINNING. Page 2 of 2 ALLIANCE TITLE & ESCROW CORP. "VF p APR 1 5 1999 APRIL 14, 1999 DAKOTA COMPANY, INC. 380 E. PARKCENTER BLVD. SUITE 100 BOISE, IDAHO 83706 ATTENTION: TOM BAUWENS RE: TO BE DETERMINED THANK YOU for your title insurance order and/or escrow closing. In accordance with your request, we enclose Commitment for Title Insurance for your files and any additional copies you have requested. Your Title Order Number is: 99081519 KS Your Title Officer is: KELLY R. SATO - (208) 336-6515 1412 W. Idaho St., Boise, Idaho 83702 Please do not hesitate to contact me if you should have any questions concerning your transaction. WE APPRECIATE YOUR BUSINESS! _V& KELLY . SATO 1412 WEST IDAHO ST. - BOISE, IDAHO - 83702 208-336-6515 - 1-800-658-3824 - FAX 208 343-4898 COMMITMENT FOR TITLE INSURANCE ORDER NUMBER: 99081519 KS SCHEDULE A 1. EFFECTIVE DATE: APRIL 07, 1999 at 7:30 a.m. 2. Policy or policies to be issued: A. ALTA Owner's Policy, (10-17-92) Standard Coverage Amount of Insurance: Premium: Proposed Insured: B. ALTA Loan Policy, (10-17-92) Amount of Insurance: Premium: Proposed Insured: None Other coverages and/or charges: NONE In the event this transaction fails to Close and this Commitment is cancelled, a Cancellation fee will be charged to comply with the State Insurance Requlations. 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE 4. Title to the estate or interest in said land at the effective date vested in: HERMES ASSOCIATES, LTD., a Utah Limited Partnership 5. The land referred to in this commitment is in the State of IDAHO, County of ADA, and is described as follows: PARCEL 5 A parcel of land located in the Northeast Quarter of the Northwest Quarter of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: -1- Commitment Schedule A CONTINUATION OF COMMITMENT SCHEDULE A Order No.: AT -99081519 KS COMMENCING at the corner common to Sections 4, 5, 8 and the said Section 9; thence South 89 degrees 22'10" East, 2659.63 feet to the Quarter corner common to said Sections 4 and 9; thence South 00 degrees 48'14" West, 49.74 feet to a point on the Southerly right-of-way of Fairview Avenue, said point being the REAL POINT OF BEGINNING; thence continuing along the North-South mid-section line South 00 degrees 48'14" West, 831.11 feet to a point; thence North 89 degrees 35'32" West, 596.18 feet to a point; thence North 00 degrees 25'00" East, 831.11 feet to a point on the Southerly right-of-way of Fairview Avenue; thence along said right-of-way South 89 degrees 3512411 East, 601.79 feet to the REAL POINT OF BEGINNING. Purported Address: NO ADDRESS GIVEN sml END OF SCHEDULE A -2- Commitment Schedule A COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION 2 ORDER NUMBER: 99081519 KS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. B. Exceptions: 1. Rights or claims of parties in possession not shown by the public records. 2. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey or inspection of the premises including, but not limited to, insufficient or impaired access or matters contradictory to any survey plat shown by the public records. 3. Easements, or claims of easements, not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 7. General Taxes for the year 1999, a Lien but not yet due and payable. General Taxes for the year 1998 are paid. Parcel No. 03-8-S1109212467 In the original amount of $1,300.12. (Affects this Parcel and others) -1- Commitment Schedule B - Section 2 Order No.: AT- 99081519 KS NOTE: New Parcel No. for 1999 - S1109212458 8. The Land described herein is located within the boundaries of the CITY of MERIDIAN. 9. The Land described herein is located within the boundaries of the NAMPA-MERIDIAN Irrigation District. 10. Negative Easement and Restrictions contained in Warranty Deed, and the Terms and Conditions thereof: In Favor of STATE OF IDAHO Recorded JANUARY 24, 1956 Instrument No. 389346 11. Agreement, and the Terms and Conditions contained therein: Between GEORGE E. STANG and HANNAH W. STANG, husband and wife and C.H. STEWART and ALLICE E. STEWART, husband and wife Recorded SEPTEMBER 2, 1954 Instrument No. 364731 Purpose IRRIGATION DITCH RIGHT-OF-WAY 12. Minerals and Mineral rights as reserved to UPLAND INDUSTRIES CORPORATION, a Nebraska corporation by Special Warranty Deed recorded AUGUST 31, 1990, as Instrument No. 9047045, records of Ada County, Idaho. 13. 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 14. Easement, and the Terms and Conditions thereof: In Favor of ADA COUNTY HIGHWAY DISTRICT Purpose TEMPORARY ACCESS ROAD BETWEEN THE PROPOSED CROSSROADS SUBDIVISION NO. 5 AND FAIRVIEW AVENUE Recorded OCTOBER 1, 1997 Instrument No. 97081013 15. Any Rights, Interests, or Claims which may exist or arise by reason of the following facts shown on survey by Hubble Engineering, Job No. 98-001, dated March 23, 1998: -2- Commitment Schedule 8 - Section 2 - Continued Order No.: AT- 99081519 KS A. Irrigation ditches and facilities located on the South, East, North, and midway through Parcel 5. B. A diversion structure for pressure irrigation system for Crossroads Subdivision located on the South adjacent to Lot 2 of the Crossroads Subdivision. 16. Late Comers Agreement, and the Terms and Conditions contained therein: Between NELSON/MCALVAIN CONSTRUCTION JOINT VENTURE, AN IDAHO PARTNERSHIP and CITY OF MERIDIAN Recorded JANUARY 22, 1998 Instrument No. 98005227 Purpose LATE COMERS FEE END OF SCHEDULE B -SECTION 2 -3- Commitment Schedule B - Section 2 - Continued ORDER NO. 99081515 KS EXHIBIT "A" A parcel of land located in the Northeast Quarter of the Northwest Quarter of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the corner common to Sections 4, 5, 8 and the said Section 9; thence South 89 degrees 22'10" East, 2659.63 feet to the Quarter corner common to said Sections 4 and 9; thence South 00 degrees 48114" West, 49.74 feet to a point on the Southerly right-of-way of Fairview Avenue, said point being the REAL POINT OF BEGINNING; thence continuing along the North-South mid-section line South 00 degrees 48,14" West, 831.11 feet to a point; thence North 89 degrees 35132" West, 596.18 feet to a point; thence North 00 degrees 25100" East, 831.11 feet to a point on the Southerly right-of-way of Fairview Avenue; thence along said right-of-way South 89 degrees 35124" East, 601.79 feet to the REAL POINT OF BEGINNING. h j � I I 1 OL.O,ILtl, � I a �— _ ■ I i 0600 <l,C� Mr r _ (YM 7A11j7--N� I - —,SYM 0 w " ^ _ m e --;. Oli or CI F- T � 1 ■xoolff,„Y - A 3 r •� � /�// - Cl lal `. J O li.l I f3 •'t'r <° " - I� $ °''OO< <r CA ZLLJ .�Zz V'] �0 °p b / `.. w °f'' r D(r 4S' __ '•rr u Y V - - _ .x y-U5 2 U + w w / c U O Z i- I qa 14° °4,r n fO��r ^ °''4 1 W qer w h 1 S - u� u - I f,r °'°<y;/+ 1 °•°bo I alb 'O°<o • r I m _ <� • ,�.' _ - e g. °'Y "yq �0°'r, 1 orq I •l0•i°j •'r W r0•<r,• . 1. °b �'. lar, •<•,°y .�_, °r •,�Y •'r m olq< q 4^ 3 fob I•'Y " �1< , Y1-. °'I,r flq<O,f, '.1 °j10,<I,fly � t,r _ �...�..-_..._T_.---...—...—...�L.=r"-�� I a<� 1 � °°•<r, ro<•'Y,r gtq<■,fi♦ gfq<•,.,Y �Y q.oaunq Z'" i<• Y o _ •o°rq 1 Iit � � p''r •<° V,Y 1 U% y �I ° f f ar0j<a< I °rla<°<•� ,Ip •i, I,r y z '1jY II r 4� qr m 1 r°,„Y i `' £� n4 .� / ;- °.$ olla . 11 9}a = - qy,,,y ' . °v.q<•/ I °! i °j°'r __3 � S s p o °•o• i I m I tt. ° � -EE4• r I I =fps ,• �_�g � r m I = x • \ s �� s $ s I j of re 1 '1 I I I j '4 Daniel G. Gibson Jr. and Carolyn A. Gibson Timothy Gibson -Terrace Lawn Memorial Gardens, Inc. WARRANTY DEED AND TITLE COMMITMENT A. S-07-1999 3:41PM MAY -07-1999 14:36 d6 FRai CLARK DEVELOPMENI 208 342 2627 i WABRAMY DW ' fir. � �. • i� � aai aar� Ii1a411Yr t1��1'. i:. QI�f01d tiAd w ytatad 1fuf�' Is 4S". at m"d nttin, lossi t. =iaiM t=t« 'A' attaebead bosatc. '...'C OCT 26 6: 2 5? JIM sr 6 TO XAVZ AND 10 XOW taa aw mat, VIM *Airar.ret WAa sato do UK aaw. >" G" -dM rte.: AW as aha GUNIW do bftntv arwttw to ON wis W AM Gft A 164 be tJW Vraar 4 :w a WON a Mau tMaiMa; tlrt t�q an aw !nm aL f�Mfa1MY WwNt aal.atabq OVremmtt and saaam�+ents of �rlCetd &W c"Faut taws. sal tar! t MY we vammt a" dived as woolm an JAWIW dom vhataww' fwwt this t8Ax11CS T.r1 Oft day cfq"xv'—� —..___•_._._....__. —.� --__.... IOC. �atlOi�Vlc •li.ww STATE at =akti �, pAg rATt: t!! roautoi [CtNaTT t>r M K� aaaiWs � �� 1•A f✓. IZ211W P. 2 ti' 1 Mp*l OWO QW ow pi's Ar tows w Os �( 10 N�gwf K it w • #a fir. 14" t 7 two r..., R;6.,iG,t a � k�i i . a an► a17in, ..� � ,.ca.+.t M A•a ' _ •• tsanAd. *.rrr.. .n..w DOW iA.iC.s B�JD ,a ur K� aaaiWs � �� 1•A f✓. IZ211W P. 2 ti' S-07-199-0 3:41PM FROt-s CLARK. CEvELCF"1ENT 208 342 2627^ ' . V.!' 4J S-07-1999 3:42PM FRDM CLARK. CEvELOP��NT 208 342 2627 P. 4 de. ;oJn; : orth.. . 1 fro-, `hr' rollO"J et U 'S 34 p1 of ,`.0 fee', distant Sou�narly h offlc' al ar -n-nt and :noun 'c t e the Dap �i - i. :survey Cd :.he office oS, - or , �'!. ;aw n r e-in.3v"rJ i' r Ha Fhwry Survey 4 11 ,� z i_, c*ti on..of• the •' I} (�)',. Japho pnd ly-n`• +'d' a s. Z~er+ t.. . . of CPcsStntc r`0*•1'� .�`"]�{ 1 t., �o'-;E `.... `'1 n Tow -p v k1iuAS wn s�rveY, b. c;�.0 of said r.. th •,per gE ) -et r ,n is g; .•.j��at tnti.. ;•oa:.rnvhe1 3.5 Te leo rtht Rsnge Hcy "' Township_3< NQ 4... po3.r.t On ¢a,zren`s Sect+ on 9, 0 ;r��t :to �"�North ^usrto: L ��,.,:zi•; .39,59' Eoin Z a�•ion .cry i10^th o:�7tenger i 9t frost, ther i.,.� t a uce lorthetb: 'corn* ; i o� tzt:Soni^t. Boise Mn'-'ia5'ai k;nst., �,::• j, Trs ,tho O` U •£ 4� �, , _3,, feet Ag 11 w S-07-1999 3:43PM FROt, CLARK DEvELOPNENT 208 342 2627 i.'t� ha,a Slot r �_ 'I= se~ :e� a oena� �r�rs ��t.JO} to. � 8 �..d. r tJa�9'e _ Lm of One and Io/.04)tlss ,� i�zady w1d aad conPc7vd, and b, - ., ,ted, ��° o second par' y,. ;a:'a'-i sc�-w:rledged, j- 91 tiusta t.1e StatQ of Idah � •-<,.:' is dell and com"y '. t, Barzain,. the tos iowSnC dedtr�bnd per4el of land yittst ,ad :ss the ` caeasc=� ::rd "54S -V forover, AdA to-xiST the Stdtis "oF I�shO, , c,te betheer. the north lie or of iced :5 ^!?_ ;tu nt rlae�r, a^C' a !!:IT flE Prth, �r,r�c 1 _c^`'� aLheCfoii-aw ^�; dE".erihed yen . �yocy t ��,< _ di: �r.nt Soutcerl',, rcrt offic_al. flat ' �� of U. �+ h<IVM 'c� C ^• ce of tl:e 7epa: t-:^ o- �.urvc}'gid and -1 rile .inof+ _ �i or itA f l7 r'7 (1 Ji n t ;, ^orti^^ of the I- 0 . r Sts cf sdoho s d ly r.. t f r bi0rljic^. hi w. y Serve•-, ,;n: �.' station 159'`9.0 °= the recd a feet ; feet North find '�E�• ;.., ^ on L^• e point cn tnngent np�roxi�ytel{ n•� Township 3 rrors the Iorth q'asr er..ce atrinif�S is^r,hn89`[9'. r-nRt _ X70.0 : e.t to T_:,st, Boise Meridian: Su:+�ev, rc►iett 9Cation is, 1! poi'it o tb�t"er vOsd feet hest rrvm the Norti%eest 164+6Z-00°feet Aorth aId�1322.9 +« v uo..ac.n. I I°t ' I�Mi+i�'� � 1• t. �-. �I t, I�Mi+i�'� � 1• t. �-. 5-07-1999 3:44PM FRaA CLARK' OEvELOPr�ENT 208 342 2627.,, a.6 co strtwted Oft eerier '�— •'°``!' cls¢.r 4� — �ci - � �"�e� �srA �i�'� �',tic�.i•�!�-•fit'—��- _ _ r- < 't a bvd— tio*1 °wac construe Zea -.•z' 8 rEi o; , ti of : L ' ' r `,;:e G!_^:..7.�:-�>•--d-'�'� t the. Sole mcnse boarc4s�N"O�v�a� IIdji -3r �:nDt•1R� ( :�E?"±s.7.�.xn •. �.� + IN LS' ; i : } �•� i :.. 5:' . '� .��s�i�-..�.and _ .. [1 clay o .. _ - ._ 7 enc _ (Seal) X59& � 42 s iBT►� a Notary ��. �. 19 � be nrec ° r� p:t this - Sts... p�soi7 aPpe 1y .the aerP°r° .° ocut�d It r da9 erred hick ems. ?ublic in and fox S i known to ate to be tkte pes son. - ... whose aaaae... C'> ........ J = ._....... _..........:..escaitic3 t]sa ser ue' ' aid atknow;xu to :ve thst..........� r...'_'.`..-- -( n and r in das }{ -0-9 i-utsti=4w and c1f mY Oficial tool the d y 3"�' ti xVIrwSS NVi }IFAF• I have h 'to set mY ,CCT1)fiCdf! �'1l'6'L �C �.~.;; :.......- ..... .. /f 1,'... _`^•n' s• .-..-.bli CJ&Ua for . ..54 et-,•••��.'-� -... _.. _ .....,,. -• ....... Ssicn`cgr :a� Lnum 3,1 a.. ZJ^vr rn .e•� ° i 3 '� V I j . c�� it ! � ! •�_ e S-07-1999 3:4SPM FROM CLARK DEVELOPMENT 208 .342 2627 P7 Tr of �Cnirz na Z) re b P stn" all Wd Y _h1j.1 M4 V711 ve n s e. rayrted hereD7 1 ditelhas or is klao S drsinaz" the ,no to the purer dr -Win dit-chez t Z tgd 0.1 said real Pr e__�ZC4 :f Y �- !n by right of -,Iy a; t!z ' or v2l�y,zti -Va of of the, 0*-14%ft .At, the orl'-I Gardens, ,,,z ,WITNESS WjJEIkE0F_ and ite"I by pr!!FVItS to bc 407 (Jay of A . .. .. ............ ....... ... ,ffix his 21 A, :,i to J, ell t r r 0 L t; ... 7 (Title) sTA 7, (sea,-) Netary which 11 Q .1 "Id . ....... .......... .... . ,U,=ibea to ............ , -1 ?7,- .* x, .1 ,.!%: ............ the ISAW ............. .............. this i� . . ..... C day And Ye r 132 kl,e :fv.*�.�% ... j; !�Url.4 and Ula fs-red MY Zfficial Scod 13, fzca !r,.y . .............. ...... . N its of for tb A,,j&ng at .. .... A.A is 1� 1, 5 pt a m F4 4., L .t ova s I_jrM,,reT.Xuv= 99731 3 1:i84 ?'- vis c.%prertfirnt, Nmlc this 27 th door IK{w.•c+ %,-M & Meridian Irrfrattoa nlrtricl. tint party. and and i:lr .Ikea etn:o 0, :'c 3l roe;, ` second pities, i Qlltnnsnh: lhh...... second Mrtl- — the own— of the (oik-1-c land. to.wlL _ Tea Uorth pelf of 'action. :.Ina, In Tcanrhlp three rortn of tarps one. �. East of 3_1re Lerfdlan, arcartine theref:oC the norttt:ett orae -fourth of the eouthaeet cno-lo-irth of the nortF.noat ona-fourth o: cold ototica D1re. in Ad, County, Idaho. with a water richt arpur m.rst thereto from Vciu I:i,- lhra :m :he Cider I aurh Canal acd Ent party. m the ow-ncr of mid car31, has heretofore maintained and operated 9,e -e and deli...end the water to whi:h ■ccond rs r.— hate a richt to Urn and to their precleersson for an anneal mainrnat.ce chaye paid in adc'ance of the irrirati— .axon: -1 IDhrr... : The part;- hurl. desire to reach an arks cot as t0 t.`.e prupar r—U od of delcnnieinr mid anneal charcr to I, Paid in future: '\.w. r.1!rrr(a,,. .4 a comyk4e seillrnn,nt of alI di(I<rRars IKawcen mid parties rc:atinr to said dunce in thr put _rad to rsUbliah a r-uc pcerl nn•Ihod for faire the a..uunl anme• ti tiof pa;mc It in :he fwtnr cm, Use ltics ogee= ee follows: First party a:: :e perform the annual maim-- —work m accuunt of mid water ria , of —.d parties and to ddlc,r the water yerrci-clh herclter to which .crotid patties have a rirlrt 4ur,n7 the iniration r+on of tad, year let. -he L-teral at the twin whrm arcond ponies ar.J Weir pndee,vrs Lave Llcl acv,rnur.d to r,,crive the mane, and ,econd parties acd thcir ,wttcsson in tike t0 mid wale -r richt arrm In pay f-1 pa.•tr an.-.u_Il,- toe -a;4 s.'n'irt• a mainlen:.:ne chance equal to of the kencral mninicnance rate on I: idmi—ch water ricSt, Lawfully ln,ic l by fine pan; a:nitu.t L+r.,is within the F•i,lrict ',r the previmn year, under Section t"$1, Compiled SL late, of Who. 1'rot:dvd. th+t In rn ,-; ent s:,zill secnnd parties ever Lc n quircd to par or to contribute to the pn)rrwnt of the prircipat or inlcrv,: o: any bmJ,J ;:w:d.lalrc-s of the fret pally: uor I - contribute in any :nanntr to Ito shaking fund or retire fend: nor to the F)me,t of LSe contraction cost of its irrie t;"n rnrka; ror the car (ruction, or maintenance co,t of IL, dralnaee wort % urd.r tar --'t to this contract. The ch ,es for mninteaance are to 1,- paid In advance on nr le fore the f r,l day of April of eel, yrar ar,l first (,arty w'i:I Ic uo-kr ao elJira:lon to make delivery of w.tcr Until pa)m-t Las Ins made. 1'roti,i•.d. Thi.. r,,.+,ne panio shat 1S cntillvl to a « py of Jae aont-1 statement of the cavaified r_Pcnses of the d-utrid ia•.unl in the -•Loth of Jenc.r; e_ch Ymr :o Its land ownen and that part: trill place neond parties on its rnailin7 li,t for s k: ,Utcments, and If (or any rtr•o:, they do rot rmcive Un, race, thry .all ire f.ruMed a copy on appli-flon. It is further armed that said venter right of areond rani- is from the appropriation ditai.d frons C,;B Rnzr to ll,r Morris Canal in the rear 1379 ,the -me Lcinx the nal nparoprialinn err lSc l'cn,,l y.lam of tint pane_ end f, R parties st r. to adopt a rr olutlon cL ui(yinr yid Lind and rater richt In mid app-,, •tion and in the Dnt 0— of woos rirhLs nppropriatm rd by mid canal froI:otee I:Irrr. •+n It is turner .,-, d that filo malntenrnev rharcra for mid :and for I:CI :hall 1e r..v,•rnal by this Mutrurt. a,d in c_uc pay"enl hru beer, made thereof At a hiel— rat, than hetvin provldd. the c r -, shah be t Ftcd or." the maintcnancr ch: rat• for I= This nrreement shall to -petunlly hind We Nrtln. their ficin. sucres»rs saJ aa,lrr-s. ]n MI ... a Whrrnf. The P—;dcnl of fill pnr!y h. he—rat. nflled Gm mmne of said D6Lrict and his air-tu, in execution of this arrvemenl. punuact to n r,uolutton of it- boer,i of Lirccbn. Lrn-Wfury dufr- rand re, 11.111)• rJ.•l.lel Inc nn4 directing him so In do. and the Secretary of tint pan)•. In like mar.ner and rlaed r,.d dirach-1. has attested the csr, .ionhereof. and in witno whcnwf, the mond parilra haves hereunto elf tent WW :ir elrnaturo e Jay and tsar frit aloe: written. \A11PA k 11 1KIlID1A\ IRItIC,tTIp\ DISTRICT. f C0_'C?ATE E=1.:.) Dr H. L. c.a^dell Prr.-icons. Flet yep. I!. Lo5lr:+e; A;�n: _ Trr. _-rete 0. 1::91 rr.ey _ . D. Ciel _rrrdery. Second yr,_ lelalr of ,lease, j baa IsL Or. this 17th day of "' me, - i- :1 ^ht , a Notary Public m ual for said S.k, nrM �. w. e J, E•, :c 3. rn s;, art a-arc:e 0, L'cEI rna';, h�;rtend Ord wife, knowm to me W be, the persons whom naor, s are',hae rl"el W the - -thin 1nr:rvw.e•d and ac%no. :e a:cd to :se :cat Ou r e reeky the s—e. IN WITNESS tt HEREOF. I have hereunto sol my Sand and aR,sd in, wncial oval the day aid rear is this cor.if`.e.:• fiat llbove written ,\'-tory I'u1•I:c !or d.: he. fSFALI I-. L, l:tlflt jrldr at 7aahs. Ih,idcnm, 3c 1 r r, ha!,�. COL'\•rr- OF ADa On this tri day of May inth, year l7^. I c fnrr a Notary Pablie, pe•r,enally appen ro•1 V. I_ and 1'. D. Clay. known to me !n tr th:• and Sevrc:ary a::br 11,- por:ien L.at es—:ed this imin:ecct, and ,,,rr IMrcd to me lh.t such carr, n!;on raec..!rd the -,.e. 1\ AIT\E_SS V. IIEf!EOF. I h.,,e ynrwrates sct my h.ed rn, and and a!re!:ical snot the day :rad year in tis rr r....ra. fat above trice-, L. iI:n I E,stt A-n!:.y P.b1:r /er l•!•t first I P.e ider<a G;:e. haho. Filed (or Feconl tit :!m m;��rel of Xan,• ylcridisa Irritation Oi•lr"tt, at -:91 e'd«k A. ?I. Utas 1-a day of I: Fcn,S 1•c0 i ' recon star, As. C..,:r. H Z Ir POWER LINE EASEMENT _ - -- -mss=- ----p-- ---•-� • -- --- - �� V. ��, ��.,�=_ — _�.-. `.._.. -w �---: ' i i,.+.,.-"P`,.._'�• =•=-z -tom _ `-�.- .� =. t7i�` - .,.. ••I an:.. ., of ... ___. -� -+-. ;..es:c...a-...-_yi_-__rte•_ _---.- _.--"-.T.- "�,.� r-_ ._ _ - -•'�� - rC p j a r,t: ;'— • ■ corporlio.� s hce:rn,. euc•aK:� and as:-m. Gzir., for One D t!nr end oth-r •^ -- a c^ncq to IJAI. �T _ ._ch raival4e rnas?d:='ia�:, 'cc:.ipt o[ which a heresy ;Ok. !is a right of way acd easement_ for the erection and continued -J L!: vn one - spera:ron, maintenance; rrpa:r, -•site: axion, iaapa.on and - ro.•cru,crt-' of- tvr decl e• L'anemiSi:40, disc St::ien -- _ ;inn .d circuit• 4lbs Grantee. nCa<hcd l tc. n• ri••. ,uppori.% tofc:!.r wiin -gii .v. cosiarms end e:�cr ettazb�crtl and incidental cquipmca! thereon, and erg_ rncnrs. oTc, on and acro, the .co losing p atisea bel4npa; to the said Coun:T: State of-- Terre.ce Lawn A;,�-cri^1 Gardens Ir.,. -cemetery = V -: A and Trcct 5 locztrd _n the north-wast quarter of ne � norti:east quartAr c_` ..ectjor. a Tcmrrecip 3r1. Ranke 1E. B.M. t t - Teoc:.'ter:d: al rights of in-us and egrrFs rccc.-cry for the full and complete use, occupation and c,jo)zacat of the .-scan:' hereby granted, a4d di Tons _�? r:Er6ic<<s incident thereto, indudiag the right (zoo time to time :o eCC trim end _ t <atore trres, bas?,, overhanging branchrs and a:5er oI a:r•.ctione which mel injure or interfere with the Grantee's ase, occupation or _ _n)oyrxn: of this caaemcnt and the o(•ret:'•a. n:i..:c: cncc x:J :spar of Grantee's electrical system. N Q. r- - 19�J Precured and Jch:c:rd ulTNFSS: - --�--. Terrace Lawn eiemori:,: Gardens Inca--- i D oo� • _ Sec. �TATE OF cs. r O,; ..,:. ___-_-_'_-.Jar 4f___._ `'.__� . _ - - 2_-.—.. before me,— - —an. Nn;an' Public, peroal!T aa_.eazed =n-_--- --- ` known to we to be the person(ti)t} " nr,,.l� 1�c3 !0—,r---that uecutcd the same freely and Tolvn• :••io .:anrttJ the foregoing instrument ago a � ; fa: t!:e uses and perp osis therm mcn!ioncd. : r Notary Public, residing at--------`--- F Commission expires 19-- STATE 9--STATE Covn:y of s• r,/ On tnis_L:—aay 0 before m4 _:...- a Notary Public, peoally ■ppcared _ and not to me paeonally }mown. who bursa duly I 1 . o - pnd the tarry of the ;worn, d:d say tt,-t t_ey me :cs;ecticely d:e— ..i .. In. rwn- flip., .��},. en.rwin,h, <ZOCtI lbs lame L lt ...e fI[a - act and deed of said eorporodon. - - ; ,Notuy, Public, raiding at C;o:z,ol Sral) Commias.ion eapira t .�.:.. ' � - _ - •' ' lam: y-c -- �_ ,• .,•.�•^+!ems:-^['��"-r""_--cr'-__. - - .:.. �- _ _ r - -' - ---:-- •• -- - "' -----E ►y i •� :Y i • I 5 j •� _moi:':':` -• ...- ERN TH014' �, -- -- y,:_Off:clo L-2 i L III � . ,._arse '1 . State ^f - _ i = i_.. .. iti N_ v'�'- .CO1L'1 t}r. 4f -Z� c.t�rl(`r. , sccount oZ the. certai.-t benefits- to accndng, and of. other ,valuabla" cert dens and on . :, i to - in -hand : a` tha ra, 1�t�+o^-, and :.the sam of Jae and o/_Optas .Doha:a G1 --Co)_ - , P and conveyed, and. by these Y i xiiereof ie' herebjr ac�owledged,": ha` - r granted, bargained-, - sold . s grant�f:bai rg n� sell and.con�ey =to the ;State. of Idaho,_ second party, its preiseats'do successors and asaipps forever, .'.the"fo7lotaiiig• described parcel of land sitaated in the c Coon r of. .' Aaa ..' in, the State: of Idaho to vit: �..- A strip of"land lying situate-_ between the 14orth line of -Section. 9, I -� !' To:anshiD 3 North, Ra^.ge 1 Esst, wise `meridia= , . and. a line parallel :Co" sn `of: t T 50.0. feet distant Sou�horl.y from the followsing described center.lin3 .Sr- ' hi ¢hway as . surveyed. and shown on 'the official plat- of: U. 30. - Project �o, r-3281(5) Highway Survey on file in the office of ;the Department.of. the _ in�ghways of the Stste of: idsho and lyi:r.; in a portion of 'N;,I;NE,-.oi'.� ---- - Section 9, Tonship 3 North, Ranke 1 Er_st, .Boise MA-ril .an. ._ iIt w Beginning at Station 155'-59.8 of the slid Highway. Surve ', which 1 s'.ation is a point on :a -^^. app:•oximately 2.7 feet North s rd; 4.34.0, feat est form the i-:crt': cuS~ter corner of Section 9, Township '3. Porth, Range - - 1 'ast, ileise er_��.sr.-: : pence runninz North 89°59' East _-`i�s2:2' feet to :-tion 1,9+92.0 of s `;:r;Ycr, which station is:a point cn tangeri e ! � ro_c;ns:ely j.5 'ems -h and 866.0 feet East from the No_t!i.-Quarter. j _,;,rbh, Range 1 East, -Bois. ;dc ridian:... oz o. thorv.abl C^fSi Co oft e. `.,: : i _ _-}• ce -tzil bcneiZts to accrus ng, and i _-� :. �,e I i`l•� j i I"%diP� •�r, sccow,t °- the ?: an,�' ,a ,. -,._d Miss i�o�'•.o-� )=1, ¢°ld and con�oyod a�d,by these ' `o�� ed bargained, party, 1ts Ii 49 ;rhereof i.� he b,-acknowledge d,._ gm tho State. of Idaho, . second p, e ' orssents do _ get) bargain, sell and' conTey onto el of land citrated in the ; -, :successors and as foraror, .the following desoribed tO pa �1 :r.. C� rt3 of Aaa j1_the State. of Ydaho, ,' I� r;r- situate' between the North line Of Section. 9, i _Y A strip o.`•' tan �)-•-b .•t`�y nd. a l�nc csrs�iei zo an ''A-se .._o , . I.I :::ns:min r described ce: :er line of >>-0 feet distant Souther. y from the ollo�r_nB iE1 of L S 30 'roject I �h,:sy as surveyed.ond st:o:.n.on the official p-. ,l1z 0, oartment of ;l ;.s� r-3261(5) Highway Survey o1i file -i_'n the -f-;'C of the \',ti;?dr4 of.. a Is rh °ays o:' the State of Idaho and lyi n in p p1 r.ri di si. i . S ti. nn 9 T.-i-:nshi-.p_= .. ...:,, I7 },e 1 E„st, goi.se r ;.� H h.4a Surve ', which w ri Station 155+59.8. of the ssi.d ig y p•feet Beginning at ent approximately 2.7 feet North a id 434- 1 station is a point on tang Section 9, Township 3 Borth, Range r East forn the North ouartc: corner °f North 89059' East .- 432.2' feet to. I 1 East, Boise Keridian; thence running IStation 159+92.v of said Survey, which_ station is'a point on tain6ent.,,... ' �^ approximately 3.5 feet North and-866:0 feet -East asL°m3ois., terid a-ai,ter. pP m yip .3 ,: ,rtiil, Range 1 o�ti r o, N. i corner of A. i d rated by-P��c use _or,otharxioeh9 . a Parr ' —opting that Pored°noea g BPPM�dreata� 0.2 acrsa of Loa _s ebo lIC acres 1/ d I'I lieu right of way req>�r aser-- dibed” : t �r rte-.•• � s� i x. ti ._ : r.i y.�:�ftC�� l ��A �CC�_ .. �^ +^�s i.+.... . d:o.•t" N�� ditament3 and aDDu--tenances there -L all ar4 singular the tenemntSp here the reverzion and rsversic lay remainder ana r'THER With il'_'nto belonging or -in anywise appert2i 3 entatay- right, Utle.and intere t I renrdnxiers, rents ,.issue -s and profits thereof; arm all ty of -the Ra -id ;art of 'i�le Propee and to the zal:'� as well in law as in e t part. singular the above mentioned and des.t ribed prc'.;ises, IA --.7Z A�O T3 HJLWJ All and A q Ii. of the second part, and to.'its 3ucces- together with the appurtenances, unto the Part -j '-t% first art, and hitlrs' t%e - FDZ'S aad as:%ignd -and. -,ktrt--. Torever, nd part, its t and �eaceable possession of the party of The aeco i said prnises.in the qjie first pzrt, and nst the .said ?art of the successors and assigns, law . fully claiming or to claim and- against all andevery pe rson and 1�ersons vhomsoeverq. 11 and: kill WARMXT and by .these present;, forever DI-1-FMI the.same.sha Ti easement adjacent to the above'described real prop- There.is also gr�nted herebr7 a- . ditches and structures and such Bur- erty f - for relocation of all ir--loation.and drainage .. * t, n of the'highwily to be to the proper construe -0ace -drain dit-ches as may be necessary ,constructed on said real property. of right of way fencing shall be by 0 Ztlon 0 onstr�;a 9 IIat the sole e_ -dense of the I T r T, anior hereunto set t",Pir day S WHE��Z_;� havP. "Cier 19 of UCEP55 -and an d S e:, 1 OF (Seal). I 'County of _(Seal) d a. Notary I. 19-4 before me the undersi 1 On this / day of, Tor said State, personally appeared kublic in and f 1 xxxx- . -- - . . - . imovn to m-- to be the bc*e namea�_ subscribed to tenons......... t. ._._.:-.=ocutdataia same— the foregoing instrument, and ackno-ledged to me tha ------- car in this IN NVTrNEM NVIEEREOF. I have b' et my b��', affixed my offichial md the day 9! d y C rti;icAtt first above writte--L ............ 7 ... in and far the State publicof ... 152 ....... ...... U On. iniission Ex Pi. e'. 1433. 2, 1957 7 T 0 )1 A 49 o 0 r•. df-t�^ �lt•n ';'- f J� �' e -, -*.- ther?arty of _he second party 1 5 �r �ssession o $. in the cfi.tieo and ;eg�ea'Jle } 1� �.y^_ :_i�`v mac.:`:,---.�C'•-:i __ _.�. „sc gr.o� ageA nS he r ,id part, ' - - oe mon and perylns vhouuooverx ],awfully clai.-ung c- to claim i and against all and ecezy • �e sage s ia? 1 and ;Will Y.G_R.`U'fT and by *hese present,, forever +' i ' There is also 3ra hereby an easement adj��hs and st uc�ur3s and mzch s,.xr- I: all- i ±- tp-ri �,� anr' drainage' orty for relocat-on of be necessary to the proper construction of 'ha highway to be face drain di:•^_hes as may I�rtc, I constructed on said real Drop shall be by _ LN O .� Uon or rs'_aca ti. on of right of way f�cinB r, �sapr aE+— at the sole expense of *.i:e We neaa�� R thB- way Ght p hashereunt< set . P? r j ii IN Vii INSSS WHEREOFY. Dotv.& S y ci:' l9 S i hand S and seal S .his ' _ day Uc amber 5 _ i II (Seal). 0 as (Seal). County of ) (seal) �I lo_ before re the use -3 i Not ed� a. ary I 171 r 0^ t hi i i cc � d rI 4b Lc . ' a'r.>onally appears + in -id fog sai I i �o7 a :o m^ ;o u- tc� l' rt` _ �->+-: .:.subscribed to _ n:1IL`C-2!...._....._......y�.. - -:.e=ZCIItCd i� Same. I t I•.-�'ie i0. _pOL^^� :P�:1 :. J.. _..� �'� ..__ __ .'i.;6d IA IL1C t11aL_...._.:.. �( Eareunto -Set . my hand asfd affixed my official seal the day a'.d year in this / Notary - Public is and for the SEas of.. ��/A'(�y��•=" �"`�- - .. Residing aL/CSL✓.-s-t �'L-'t :Cr= `^ - v;�lli55ioi ExpirIS Liar. 9, 1951 � . 0 E 0. i }•-� Gi i ;O.i. .' x`11 C ; `Li Q.1 ' � �( :L./ 1�� ..� i � l� i i ..• -' R �� 'iii 1 O 0 C9 bO 7 j a M R� M ^irhwey ns-�sur,&yed and :howm on the official. pler. U. }v :;o. 53'H�Bh;,pY Survey o. file •in.the'office::of.-the-Department of i in _. oortio_n of the' r".iY;�� of � �, s�'.•:::. •,s of •the •State -of Ide^o end' lying g -.. _ ' . Township `�otr, Er,st., E��-Sr�izi� at Station of the said HiFhway Survey, ahic i station is.a point on t nr•.cnt 'cx; !9±'ly 3�5..feet •North-snd'86c. 7 feet - the North qua^te: ccrnc r of Section.9, Township :3., Pdorth, Range East,1. Boise I✓:aridiar• `men. :�.:n:,ia� North 89059': East --470.0 TE�t•.to i :s tion 16L�+62 0 of' s--!(- ', •.ni ch taLion is. a point on tangent �pnrexis-:ately 6.0 fee~ : c." c' ..=2 9c feet nest. from' the. Northeast' corner C., it n r,• ..1—i.. ? • uis�� .B.Oi M,^•�.t .7< �:I J�' a ..• U.1 •r .. `J w n: p .i_ , a �- c -- a=a of otncr Y. • �t 1701. "t.0. �• Jn hand pa -Lo, 93 . ��`t�i s•�' n Do (i1. and by `- of a -rd o/iCOths zcd� sold and COIIPE�:d, ,T bargai second par yp �_ T ��c�-lovlec:ged, ha g±-aate., into the State of Idaho, b -sell and con-.ey a of land situi*ted in the 'Kc- t ai n r-. arc i -:�'„s dc. ' oWStta dear 5Ad p : rd 2ssiSorevcr, the State .af Zdaho, -to tdtt S, ``� •- s i7 „1: to `etueeri t --e North ti{g O,a O;• land 1}r+nF?-S �tUOy nl:•;,'enC - n Y •-o-__'"'~�`_• rc 1 n^t. o;.�� i escrihed center • c-.O.-th, Rnn �rG+� the f0 lo:. n r, U C� 30 •-dietsnt :01LC?E_^l;i ti off. -c=°1. Ylet o t Decar <. + and shotin c tine the office -of ttie t^.- srur c.ye� n -n. _ TJ i.�hNAy SurVec en i ile .i�� +n e `ortin� Of^tae - .. Of t^ CC9*� -O, id:Dho g., G+ -J�-+rst . .. ^'owns �l i'u +ry , _ - Survey, ' - �o * tre ,F_d niFin:�ey feet hTorth and ?�C• ? feet ., Station 159- .2.c� �� nn,1n , at eauro"i i9tely �' 7 Township 3 I:orth, RAnFe ta:�rent ;s or. is a noir.t onr _-corner Sec -tion .9, _ n ;fe.;t to frc;,, the forth �arrhen^e running koro^. 89°59'. FOSnt o 7�en�Fr` past, Boise irleridie�sd Survey, ;a,Iich stetson is. e p i. + ( of a feet hest. from the iiortLeest corner iv:� i_4 62' feet ;lor th and 1322•., �a�..iain . rtely 6:4 tit F_nc -- ii .'1 • I'I it o-77 + acres ebevp�- an alzaac� t cf k :y req-irea be�s> anp� �. -_ TOTZ- _ -rcr'•-qac. ,: .. ------__--- --_— _ -��.� {„yrs Q - iil'' • ... ._ _ -. ......%ice:•. --C��..;—_ti�-' g� ,�,bS7t+�i.• _ t'�.�.,�5.,"y_?��r-�.`��` ^' � � _ 7�r�_�_ _ � .. .t ave ..._ - — .'-••..�+:5.6�-'T-� f .. , d. �i. -,� . L�II•R:4i=• _`9�?-0 _- Rff�ai,�f-ice 3--e-F--•►z-•�ee�m % .,. ...z.� I�� F�'I 5•�E•H _ _ � _ .1�� - - :'-�--1G'�lLaT ---' -- _ _- rte'?? 7�p1 - til .I Constrcction or re_ocat�or, of right of wP_V ie1Ci^.g sha11 be by . _ 8.t the SCIe expense Cr 'U" -_C.` ii N ��, F � � ;-�9�' �^ _Vz � a�• ; , _ . - ? .- 3�c�er' cam—?each," C�••_'�t=..•�'TZ1J�1 :"-•`n.RQ?'�� :,:'C' - _ :.Caalri'et-"� �-tis_':_. _ 1Ev'!: ^r •--„t;� �. �. : rK l _ 1\ 11iT':FSc ==_.° C+ :d7 lemorial Gardens, iCc .- _ts_ ..... - -. - and - - - ---- - - fva�c-eG`--�v! �I ccr, or :.:::-. ,r- day of --- —------•-- -•- --- - - • 3G- - T - ^crracc Lawn Memorial G dens, Inc, (Titlel (eal iI -(Sea.). iI Gn t tis f -7c r� f : 19 be ore.. , . e e igne a Rotary dap of !Public in and for sai-� State personally appeared i ( _ .................:.........and ........ _ — re.-pectivel of the_'- corpora which executed i 60T%11 to me to be then. { - •I ` �•- Y i perso..._. whose na"3* ..- .-. ... .. . _. _.:subsmbed to I� ••� . execs e3 . •!•s fo.;a�i:.g esu,: �aay sad ac�na;vl��i to me fast...... ----_-- . ----....._..:---__.._.._.--_. the sa ne. ._._.._._ I 1N 1- '%VBERWF, .I have hereunto set my has d and cffixed my ;,fficial seal the day and ye- r in this certii:cate first above written- Notary Pubb : in and for tri S�` l.. %, i • ' �r� o�.�d Residing at_....,�_.._._—•_-- .__ ...._.__.._.._......... i JI i� ,MY Cpmir 0 � \• ', � '� - _. .- .�.r, n:l. = _ L_ __ --.: �: �y- � � _ _ .may tic 2- - to C]y?S 4 � �• r_' ^sem -.,: i. _. •�—t,i ],awi� y__ '"moi.• -••i -t.:'- - mors xao 09 - ver Dg-^ ci1D, a, -71d i'` re9�Cts f0ze 1 r yv erj Y _ d b tbeS8 C _�� 7•�0- YJ �". -. f'a). ,,rill Rlt�^ 1 3.1.. to +�,a abo: e z:� sy 5.21_ }lereQY a,t• 5asu-aent 3 peCd ttc;ias and SLrt.tVTBs - -a is �1so granted -rri anon atd d -aigoer construct=on of the bs e a;1 1. 3 _ the Dro roloca+io t bo neci:: tche. as i _,cc a-, an said re -31 61 sole constr"L r oofthe n At the sole elpe°s 's •. a lor-Ycc__LAn WHEREOF. - - _.r_ — _ IN WITv ESS _ and -. ,rt a l - -- of - - - - i ha, mused these Presents to be exearted by its ..--• da--• ode ns inc . t be afii.ved this ...... t.,c;norisl_.. excite yea. to ^r*cc La'^ - -- G�_s� ATTEST:.. .- - - - .,�,, � ✓ - - - ------------- ✓ (Title) !(Seal). 1 _(Sea: e igne a *iota=7 Sore. Mc e '� b e ` v which ac°cuted ' t;5 J ' n' ' --- _ - ; 'i,, , v ' °red/so^ch�lY, of the �rporatlbt ua _. ' 1 - :- _ _ — sr;d to 3 the sem uecu e 150 w^- !� J �� - - :........; �i�� _ _ _... iy of •.. ::................_._ the day and ye ria this cij ad1 and 5 i5zed my 1 jL •-•--• - _ in and for th Stm of.... sotary b_ �� 7C., g Pt--• .--f .__...._. �.......... -•• �i � rf- �"-------__ _ - Ay t mm" 53io1 07ps J3pluary cSIE b '� 1-4 t3 a o+ 1 y.., ,. oma? �''�o ^ ✓ r C II fly _ -� { O 1. .. _- c+CFOwiSouj. 1dV' .rte._ va+S�'2 i+Z6."�.T coB 53iu �u —Zu -.'••4-�Jf.�iu�.�9$,. S l i ) ; p:-Arents dawl'-�t'gx7Q ' barr,sln,: aeil=.aad`. oanTey unto tho�Stata�of Idaho.,aecond part' its i'succassa. a ._ _ssi&=. i :. irths',16l.a l'-'si_g d sdA ed:'gt�aroef1:'-Md kitvt_i &ikthe i�+yeaofrdabb. -aiSlteCo:ty. of lda .•.' A si:^i of lar_ i --in' - ,itup bet e* the 'Nor' h hr i of Section: 9, U_ i rii on _�n.i.._� 14 n ,.la '• . �nVf etJ .., ..:�, a y^..r..i..t`Z t0 and e distcn:; South: rly from the following described center 1_ne of. h -`g -4 -: z: C &y -as surv,�ed n.:,. cO... on the offici i .il4 .a,va: Vs us �1 � :I`ii3ca:�i -3�8_(�� i:;' S -i- - �on __le _n`tneVorf'ice=of the ')epartmentof. ? r :ays of the 3 -tote :^ sna r in a portion -:of ' t. a NivitIT_ of 'sown_,_. t Ran=,_ ? .stk"-=n 2s:eY'l ort"dian. - _ - _ -2 . 7 ox the said Hlgh aa' Sar urhich:. _ roxlrtatel•y:1-co rici,dent. grit tha North - �,<iL 3 :Porti Range-' ' , r diE: 1' as. "Boise'He" ..ss' - 424 .1,t_feet' `tn..: tation 1 of _s.aid 1- 59:8; of tengent '8'�;b imatei Y 2 .7feet-.North- _.%!.vl.riig2'tci�..001'it'c3i: Of T.5'g^tl... Oi, is 91r 7 Z' ;L gn bar to tat,3 O• r—1 n,• t -d in a - _._at -- as- -d pe_rcej for -ever . t!�-q St'a-to Of 3'.daho, to-vits in Of a jy nz t te b -ween to 4si. 1 ne ol r --i i owinr,* desc ri'—Cl :1 -1 f st nt fetE�t; di the .:n on -ice of -7 F. r"!rent E!S ,ed nnd - ------ 16 in bhe ofl f i rt ion c f Do Idaho 3-d 1- ",1,7 in a ne State of n t Ste_ 3y -.-thich i d. Hi ghwa y Station 151-1-25-7 of the said. Jdent -To r-th Beginning at. St the N S tangent approxi.-DroxL-nqtely coincident * is :3., point on t ;30ise n - "'Township 3 North Range -Easl 0.. of,39id tar comi&�r--Of"Secti t 4-94- 1 feet -to Statin.~. 5 -8 j!;:,-nniiig North 89' 59,' .- -6.as cant. nnproylmai-ely -,-7 feet NO r tr- a I noint -of Se :t4 s tat; th 10--a Ii�Survey, i -!h i c- h' 2.on I c Ejjm�.f.rom-.rnezj.0r feet B i.s Meridian.----�, lorth, Range- 'Er sr,,. 0 e- - - -- I301TL11t9 tate w 2.p� ancez tkoza-tll i' ` ?with all and singala.:'tr° , fierce ill rIw bclon.:� o^ _ 2yt+�6� aap6r�rsinin� na _ - ., * �h 1'34S' rents issues a d profs 0 , rtp es of�csa- __.� i est. a_ -t - es xel_ i n lata as in ec'c'�t s oY :ti said pa _ .. YJ ii.1Ve a1t� TO ?;CLT, 1Ll and ainaular �Ihe above s. yicned and, des= ecu p -ses, itsccex- tz ;::s aon-_: �.es, �:^to t2ie +ar; of'the second nar+,, and to ~�:t`:• -- _s -- *^ _7 a�. -}� _f'- nF.Fl,n_fi7at`L.'-'tom gi?a f11C�i rhP;t^9. tf":: - -47 +-r n1+•a'i.n� the.�r•�, ^,7'� it.? I;!_^ -=rte=x ti :ter•:-=-'-`-:"s-_'�'.� ----�- - ..- ___ _: �.�.•:____ �� ,- ..r-- � -- ,... : � - _�.. _ -: �. .r. - - _+:2.- ��..' -� mss. aia� :. .may - :.c �.`.��i - s-.- .....-• .. n:iit v• ' cmr_-:ar!:.i:::.�v�d os. is�+�. _ .... ^iaxfullp clai,_:-n,' � ry—fi-O�C.1diEL _ - a ,d against all std e93y person and persons 1hot�oe92r, , .�nii And pfi_ly WARRM .and b9 these n�saent;, fore9Rir_�rr—F' .. _.. __ _ . Thera :s a:co g_":r.'ed hereby an ase>zent adjacint to. the. above descrgibed real p:vo 1 e: t-� for relocation of . aL' ire -Sat' on and_ drsinago ditches sn'd structures and such �u ^^ y... highway to is ! _acc drain ditches as mtiy .be: nec_.,:.__, to. the_g�per. ccnstn:ation of. the P� I � &t:c e=tY• con:elf � -- ,.! .. � .r .-baa. •-ltn� r.. .+ � �tT.r•a: >t_�2� Y_ �_�-___ ��_-�o� n nTs._ `ate __opt-�c><v - t s f!I F.. r"".•C.'�+.i'.:-ESQ-�.c�`-'vY. - - - : ! gttif�Y o t Oi w felcingshall Construc.ion or :`xa`L0-- c= : - - U . I•�tT-CS:'.-�J�C "__f. ii.'Oi'ii-��i.rc: o V.�i'..i4�:s - �--.-^`cam- I • rr 2dat5•Itt#A ♦ 1 : j 1.: 611wayi.l�T►li--}� ,'•r�w�`-i��1'i ,' -- here o v I V, unto s e42 ,cs, oeio -, z -_,-._ Its appeared �w., � ,2 i<:? �;L ' % `:ryrsYFi :! :' : X.x 7 ..ZX -f L� rr c w tsel/� r. st�bsazced to whma r.-=- - = 1 T esecut-d the vae. -%is foec�ci g insL!—ect, oval a� •owlz ci to es L,aL - ! : t4 , :T vESS �r FAQ; have hce.mto set t' b^nd" szhye Al i cp�l the csq an' q �r :cs:_ fi1�i nor_ tvtitten ^ ._�_....---_•-- — - --• - _--•-...._... _ ��l�� Itiw Pubic in and for.the SWO of.....p .._._-.--_-- --..-. -_ :• rRaeiIdIIIg.aL -..� IY. ^ I C7 �•- V • _ 1- a\: _ - I .�.'• rI li . _ l � �,:,:1 r...� _ • - -*LP ~fix{tLt-may ��a,.__ _ .. •`. `}�^,` - •' -r. ease Pht ad;,:c=nt h a �- n�;^"!� (i!=i <'yJ -- f 8II4' oL. :l:tii^J 3 _ .^.�'' _^ a v a1 ..� hes ani d:aitE 1 a..;_cn { r too _'-�„•: to r�nln 8t•tOri of Z't_ ir:'_b _ , -cc^ c^ns tr+ct_c : c - I.1 rhes as ry be n• a h� F- ..�:.•- Mal OrtYt7?-'i�;y. ....... .. __• 1 t wri-s►�_:-� -mac,—r r3$-*.a�;1 1 r xnar - e—x -Et- -j—beY- ._,. -. ._,5T+.-,� I fmci,ig shall relocation cf right o� vaY f,.....,.,,,.„�,�e Co.:sLractfon - tion Oran+ 2tihe-> i _ fig-"`easA-sti>rt, r_t2y. n-3 CG -%e •.� r� . I it i _. ,--� � ve�escrs•�°�---�`•,�t� ao--sz g� . "�otix�u�• ir�.'i—� �'•— �it i. i ti._ 1:T:.:.._.�.-'0 �"CSG•I'�8^ .. � —_ B9—��IOt:)s"'_ II ba V_ herewitO ;TFWR a 19 1 l i �•t:d; ectal tL t _' ...... � : •7 (�o!! Of r- - - ',.—(sea 1) 1 ! .r "`('-_�....�------•ti -- \ • � � (Set �) I _ the midersignedy a Noiar� I� before trey ELI _.....:rrecut� the me.:'- ;:;�;. -_• `- _ •: -, -. `` ° --••--»- _..._...' ; „ ca -r a�a y mr ia'�y'.i3 lid sifized cf5c,al seal ty- .:nad -.n at �9 j -.............:� J .» �.-''/r._.t Vit..'... �.�' ..9 ....... ..___......� I �. and for the Stew of ---- ..._...._._..- IIll, i1t .- .``L.�[G//.................. ..._... It II t: ," • - r.. �: .,, " �' �.. ';:a��-� Iii S - ii -� t ti - : - -° t•' lj �•^ -i - � -� 7 b � it j;j J� - .- - �-11'L- Irt cw .oa to. 1 bs tn. •..G,.�_wi*-v ' CORPORATION.,., :(LTJ ITCl ARYL WE I— Tri day in the y Tzrry T\DENTURE. S - - 1 Y• J1A �_ ... .. _ -__..•.i ,,..n ns 0 -rid :: corpor;aion dal}• organized and e: sting uT hr the laWs of the St�?ie of I C.Ounty of j� it: principal of ice in I , <2t__.— _—,•_. 1.— i+L '.:l'L170, tl;e p:u•t}' Of tale )i5t P ; cc:l th- haci:Ig been hereunto dui} auf: orized by t:.or, of the gum of— ii ------ ,f ' DoLLM S; I:C paid by the said part �� of the second • :raised, released, and forever quitcl:, it ed and does v� ,unto the said P• of th_ second part- i F 9. • lot piece_—. r parcel qnty —.,.State o: Nortn line of S c pion `.� +f .;een.the e t : t' 1i'+e-•-"arid'an, ,a....a., r.-- i i. _ .. `OT v tiQ'.?`-� ' - 0 n rOote nF'Clescri`JC+a.._c river line I :. S �I c - -- = --- al st:-of--. 30 - s c:I lac:: _� L „o•.�x l on tre official P1 - / _�� he 'office - of 'a De�'?ent , t _ .. f '1 . i •_'i': $ �i J'�-.'� V �.X : O Zi lti� �. ._� . i12 , N--_ - �2:. _ r: _ gori:t on,of th : _ ` _vta,s c _d^ho ''-' -!ding _n -a: — _- r� ? 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Ol!ows, tC-;cit: tion 3, North line of sc ;be �1�g1 to io71o_�inc describod _neer 1,. `- :. _`.. lst of U. S. 30 -. Pro- +r P %"'- oil .vial of the e ,tment ,. oort of t; s N:•1di:r. in. a ie gBvidian. S ,iaNiFhtiav Su�.a'v w!iic -L t� v w�?i—t`r.� Nei coinciae �.. r8st, Boise •Aeridi ar.; j�:o `_I _Hen.Ce to Station _ h 1 llort -sns aocroY_ia:atel�c8t oction w to ns ip ''... tor ic:7tr a auolic a e or otLer .� ..._ . - beng:APProxinato -� z•e.:atrpd _ �..o a .. �rjl(ac L'71rI'ai �.� to-s�1e .. L be nPaea�a property mal . i _ constxcted on said. r -.... C. 7;e' _A: � �"•:. _ . ' ".�$Lr� - ...•... _ .... ... : �,yr�"..'.J--(�-� �� ,e � .-is^•trS•e:�.a"""1• t r�+13,GZ:Y"C'!$ nfi o, f es� sh -.` ..q� o^ ;zt of t�a;r ncs � _ _` .. A k _----.__.---•-:_ ,...___.�_l /7r �. _ - + �`'. :w a' �r_ . `' •"`etaCla' .-;LE r:. _ :� _ 7 . -z r; 1. ~ + t4� . _ �'� �.[+•�u.`'.�F�G ..-: _.,•t..Y -t. � �'9 iii- -� i- - - _yam . - �- :;_:,�'t ._. - ". _ : ' r,�-i._--�..,. � z 11, .. -._ ... _. ... - �tF ..vhf 4 '=•\ 'aY••t. Y-•l}'.yV•+'� }�fAE�` 1M1 �• kFi _ -- ��- -.t;� t�-ti=.. 9, :..a; -t a.°.3,c. •�-rt��4; � , _;t..:.:! ah. -_. t S �.�'jti! {• `o',D• , 1. Ilt .• „- : v ,}li-• lt.,-r•rt7. , t U�c1 ore c ether with the rpp't. :\ aneca, un+o la mise , toE �-�.�.s��' n . iiAVl; ASD "_'U IIULU, 411 and :,inn;st� p assign- foreter. ° the second pari, _ad _tsJ _p)°ot� has cau-%-d its.eorpo ate nnn:e to t•e ��'1TiTESS WHEREOF The saic: pnrt� of tha first pare seal to be affixed by it :_------------ l:v =d its corporate �a , b , irS________.—__president r.c!iaia`op s,... CIibed j - ., (;.•�� ok\ve portion -. - the(�.S a a� C�. j^ nt rsuance f' said PPS�Iil: Jn - T _ S: Cr''tarj' -? Cv- LAWN Mr r►� tt SAL v''•_s `� � y T i+.� igned, Sealed and Oei�e�ed in the Presence of _ BY - /Its _—:'restdent. 4ttest i _ Its --Secretary r :: - ----- a. Cflli i\f Cf -. ...... � 1e,.. c/ ..fore 77 i t .. ri L• llY ' }; NotwrFPubhc ut an for said +te, person y e�ecutea the foregoin8 f �• o° -the. corporation ,t'hat e.,,cuted thelsame .. c.tr.•c.attor hand n td afiu.ed nu official seal, the day ani Year t 1 1, _ m r Ioiblic for th P, State of 4&&. *, Riding es flyY LQ:aTISGl G r tai �3AN, 3 3 iwO �Sr '. ' $�.s t• j � - � :� � ' j q - �: �!, i ,! f�jdi l +•� e'Q! i 1. •-J 1! �. -•�G�! M• i 7 j a'G\ - I'�' p ,fir 75 ^'�•. I J 1 `i `� .-r:. -. !� ! 1� C 1. v••.' . r��j} �_- ; _ .4 . rya a� �.�.. aop y 1+- _ice• o _ ";4: V I r t — COMMITMENT FOR TITLE INSURANCE PIONEER TITLE COMPANY OF ADA COUNTY (208) 373-3700 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SCHEDULE A File No. P179003 PIONEER TITLE COMPANY OF ADA COUNTY 821 W. STATE ST. BOISE, ID 83702 ATTN: JANET BLOSCH Ph: 208-373-3750 Fx: 208-384-9936 Copies to: DEVELOPERS DIVERSIFIED REALTY CORPORATION 3300 ENTERPRISE PARKWAY BEACHWOOD, OH 44122 Attn: JOAN U. ALLGOOD, VP DANIEL G. GIBSON 19500 HIGHWAY 2026 CALDWELL, ID 83605 PIONEER 1031 COMPANY 8151 W. RIFLEMAN BOISE, ID 83704 Attn: ROB ONNEN Fx: 208-373-3737 Escrow Inquiries should be directed to: JANET BLOSCH SR. ESCROW OFFICER (373-3750) 821 W. STATE ST. BOISE, ID 83702 2. Policy or Policies to be issued: (A) Owner's Standard Coverage 1. Effective Date: March 29, 1999 at 7:30 A.M. TERRACE LAWN MEMORIAL GARDENS, INC. 1200 N. CLOVERDALE ROAD BOISE, ID 83713 Attn: TIMOTHY T. GIBSON GIVENS PURSLEY LLP 277 N. 6TH STREET, STE. 200 BOISE, ID 83701 Attn: CHRISTOPHER J. BEESON CLARK DEVELOPMENT 479 MAIN ATTN: WILLIAM CLARK Title Inquiries should be directed to: HAROLD E. HUSTON VICE PRESIDENT (PHONE 373-3679) 8151 W. RIFLEMAN BOISE, ID 83704 Amount Premium $2,950,000.00 $9,945.00 Proposed insured: DEVELOPERS DIVERSIFIED REALTY CORPORATION 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: .FEE SIMPLE CONTINUED P179003 < < < 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: DANIEL G. GIBSON JR. AND CAROLYN GIBSON, HUSBAND AND WIFE AS TO THAT PORTION DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN THE NORTHWEST QUARTER, NORTHEAST QUARTER, SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, SAID PARCEL IS SHOWN ON RECORD OF SURVEY NO. 1284, FILED AS INSTRUMENT NO. 8835815 AT BOOK G OF SURVEYS AT PAGE 1301; MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 9, A POINT MARKED BY A 5/8" IRON PIN; THENCE ALONG THE CENTERLINE OF SAID SECTION 9 SOUTH 0 DEGREE 48'14" WEST 49.74 FEET TO THE POINT OF BEGINNING, MARKED BY A BRASS CAP, SAID POINT BEING ON THE SOUTH RIGHT-OF-WAY LINE OF FAIRVIEW AVENUE (U.S. HIGHWAY 30); THENCE CONTINUING SOUTH 0 DEGREE 48'14" WEST.503.19 FEET TO A POINT MARKED BY A 1/2" IRON PIN; THENCE LEAVING SAID CENTERLINE SOUTH 89 DEGREES 35'00" EAST 433.25 FEET TO A POINT MARKED BY A 1/2" IRON PIN; THENCE NORTH 0 DEGREE 42'46" EAST 503.18 FEET TO A POINT ON THE SAID RIGHT-OF-WAY OF FAIRVIEW AVENUE, MARKED BY A 1/2" IRON PIN; THENCE ALONG SAID RIGHT-OF-WAY NORTH 89 DEGREES 35'00" WEST 432.45 FEET TO THE POINT OF BEGINNING; AND IN TERRACE LAWN MEMORIAL GARDENS, INC., AN IDAHO CORPORATION, AS TO THE REMAINDER. 5. The land referred to in this Commitment is described as follows: SEE SCHEDULE C P179003 ` SCHEDULE.B - SECTION 2 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. B. General Exceptions: (1) Rights or claims of parties in possession not shown by the public records. (2) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey or inspection of the premises including, but not limited to, insufficient or impaired access or matters contradictory to any survey plat shown by the public records. (3) Easements, or claims or easements, not shown by the public records. (4) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed'by law and not shown by the public records. (5) (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims to title to water, whether or not'the matters excepted under (a), (b) or (c) are shown by the public records`' (6) Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices to such proceedings, whether or not shown by the records of such agency or by the public records. *PARAGRAPHS 1,2,3,4,5 AND 6 WILL NOT APPEAR AS PRINTED EXCEPTIONS ON EXTENDED COVERAGE POLICIES, EXCEPT AS TO SUCH PARTS THEREOF, WHICH MAY BE TYPED AS A SPECIAL EXCEPTION IN SCHEDULE B - SECTION 2. CONTINUED P179003 C. Special Exceptions: 1. GENERAL TAXES FOR THE YEAR 1998, WHICH ARE LIENS, OF WHICH THE FIRST HALF HAS BEEN PAID. THE SECOND HALF OF WHICH WILL NOT BECOME DELINQUENT UNTIL JUNE 20TH. PARCEL NO. AMOUNT 59S1109120610 $1511.92 SAID TAXES AFFECT THAT PORTION AND OTHER LAND VESTED IN TERRACE LAWN MEMORIAL GARDENS INC. 2. GENERAL TAXES FOR T7AR AR 1999, WHICH ARE LIENS, ARE NOT YET DUE AND PAYABLE. 3, SEWERAGE CHARGES AND SPECIAL ASSESSMENT POWERS OF THE CITY OF BOISE. NO SPECIAL ASSESSMENTS NOW SHOW OF RECORD. 4. LIENS AND ASSESSMENTS OF THE FOLLOWING DISTRICT AND THE RIGHTS AND POWERS THEREOF AS PROVIDED BY LAW. NO DELINQUENCIES APPEAR IN THE COUNTY RECORDER'S OFFICE. DISTRICT: NAMPA MERIDIAN IRRIGATION DISTRICT 5. ANY EASEMENTS NOT DISCLOSED BY THOSE PUBLIC RECORDS WHICH IMPART CONSTRUCTIVE NOTICE AND WHICH ARE NOT VISIBLE AND APPARENT FROM AN INSPECTION OF THE SURFACE OF SAID LAND. 6. TERMS AND PROVISION OF AGREEMENT DATED: MARCH 27, 1922 BETWEEN: NAMPA & MERIDIAN IRRIGATION DISTRICT AND J.H. MC BIRNEY AND BESSIE 0. MC BIRNEY RECORDED: MAY 22, 1922 INSTRUMENT NO.: 99731 IN BOOK 8 OF CONTRACTS, PAGE 476 7. AN EASEMENT CONTAINING CERTAIN TERMS;''CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN FOR: POWER LINE EASEMENT IN FAVOR OF: IDAHO POWER COMPANY RECORDED: OCTOBER 18M 1955 INSTRUMENT NO.: 384633 8. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN DEED TO THE STATE OF IDAHO, CONVEYING A PORTION OF THE PROPERTY ADJOINING. RECORDED: DECEMBER 11, 1956 AND DECEMBER 12, 1956 INSTRUMENT NO.: 404072, 404073, 404474, AND 404474 9. THE APPLICATION CALLS FOR AN OWNERS EXTENDED COVERAGE POLICY. THEREFORE, THE FOLLOWING MATTERS MUST BE CLEARED TO THE SATISFACTION OF THE COMPANY BEFORE ISSUANCE OF THE POLICY: A. QUESTIONS OF SURVEY B. RIGHTS OF PERSONS IN POSSESSION C. MATERIAL OR LABOR LIENS D. RIGHTS OR CLAIMS FOR EASEMENTS NOT OF RECORD NOTE: AN ALTA/ASCM SURVEY PREPARED BY A LICENSED SURVEYOR AND CERTIFIED TO PIONEER TITLE COMPANY OF ADA COUNTY AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY MUST BE SUBMITTED FOR REVIEW AND EXAMINATION. CONTINUED P 1 ;9003 10. SUBJECT TO THOSE ADDITIONAL ITEMS, IF ANY, WHICH MAY BE REQUIRED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, FOLLOWING A REVIEW OF THIS REPORT. END OF EXCEPTIONS NOTE: WE NOTE A RECORD OF SURVEY OF THE SUBJECT PROPERTY. REFERENCE TO THE RECORD IS MADE FOR FULL PARTICULARS. RECORDED: JULY 21, 1988 INSTRUMENT NO.: 8835815 BOOK/PAGE: 1283 NOTE: THE LEGAL DESCRIPTION IN THIS COMMITMENT IS BASED ON INFORMATION PROVIDED WITH THE APPLICATION AND THE PUBLIC RECORDS AS DEFINED IN THE POLICY TO ISSUE. THE PARTIES TO THE FORTHCOMING TRANSACTION MUST NOTIFY THE TITLE INSURANCE COMPANY PRIOR TO CLOSING IF THE DESCRIPTION DOES NOT CONFORM TO THEIR EXPECTATIONS. NOTE: GENERAL TAXES FOR THE YEAR 1998, WHICH WERE LIENS, ARE PAID. PARCEL NO. AMOUNT 59S1109120605 $4355.10 SAID TAXES AFFECT THAT PORTION VESTED IN DANIEL G. GIBSON JR. AND CAROLYN GIBSON NOTE: THERE IS NO NOTICE OF RECORD AND THEREFORE NO SEARCH HAS BEEN MADE FOR ANY UNPAID ASSESSMENTS, CHARGES OR FEES FOR SEWER, WATER, GARBAGE, IRRIGATION AND OTHER POSSIBLE UTILITY SERVICES. NOTE: IF THE PROPOSED INSURED UNDER THE POLICY TO ISSUE HAS ANY QUESTIONS CONCERNING THE COVERAGE OR EXCLUSIONS FROM COVERAGE, THE COMPANY WILL BE PLEASED TO PROVIDE AN EXPLANATION. NOTE: PURSUANT TO THE STATE OF IDAHO INSURANCE REGULATIONS, A CANCELLATION FEE IS TO BE CHARGED ON ALL CANCELLED ORDERS. UNLESS OTHERWISE ADVISED, ORDERS WILL BE CONSIDERED CANCELLED SIX MONTHS AFTER THE EFFECTIVE DATED ON THE COMMITMENT. THE AMOUNT OF THE FEE ASSESS SHALL BE IN ACCORDANCE WITH OUR RATE FILING WITH THE IDAHO DEPARTMENT OF INSURANCE. File Number: P179003 SCHEDULE C The land referred to in this Commitment is described as follows: THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 2 EAST OF BOISE MERIDIAN IN ADA COUNTY, IDAHO. EXCEPT THOSE PORTION CONVEYED TO THE STATE OF IDAHO BY DEEDS RECORDED UNDER INSTRUMENT NO.S 404072, 404073, 404474, AND 404477; AND EXCEPT THAT PORTION LYING WITHIN THE PLAT OF TERRACE LAWN MEMORIAL GARDENS, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 19 OF PLATS AT PAGE 1220 AND 1221, RECORDS OF ADA COUNTY, IDAHO. END OF LEGAL DESCRIPTION '. , 1: :: . FILE NO.: P179003 EXHIBIT A THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 2 EAST OF BOISE MERIDIAN IN ADA COUNTY, IDAHO. EXCEPT THOSE PORTION CONVEYED TO THE STATE OF IDAHO BY.DEEDS RECORDED UNDER INSTRUMENT NO.S 404072, 404073, 404474, AND 404477; AND EXCEPT THAT PORTION LYING WITHIN THE PLAT OF TERRACE LAWN MEMORIAL GARDENS, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 19 OF PLATS AT PAGE 1220 AND 1221, RECORDS OF ADA COUNTY, IDAHO. END OF LEGAL DESCRIPTION COMMITMENT FOR TITLE INSL XCE ORDER NUMBER: 99080591 JH/JS SCHEDULE A 1. EFFECTIVE DATE: FEBRUARY 08, 1999 at 7:30 a.m. 2. Policy or policies to be issued: A. ALTA Owner's Policy, (10-17-92) Standard Coverage Amount of Insurance: $ 3,050,000.00 Premium: $ 6,730.00 Proposed Insured: DEVELOPERS DIVERSIFIED REALTY CORP B. ALTA Loan Policy, (10-17-92) Amount of Insurance: Premium: Proposed Insured: None Other coverages and/or charges: NONE In the event this transaction fails to Close and this Commitment is cancelled, a Cancellation fee will be charged to comply with the State Insurance Requlations. 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE 4. Title to the estate or interest in said land at the effective date vested in: PARCEL I DANIEL G. GIBSON, JR. and CAROLYN GIBSON, husband and wife AND PARCEL II TERRACE LAWN MEMORIAL GARDENS, INC., an Idaho Corporation -1- Commitment Schedule A CONTINUATION OF ( MITMENT SCHEDULE A Order No.: AT -99080591 JH/JS 5. The land referred to in this commitment is in the State of IDAHO, County of ADA, and is described as follows: PARCEL I A parcel of land situated in the Northwest Quarter, Northeast Quarter, Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said parcel is shown on Record of Survey No. 1284, filed as Instrument No. 8835815 at Book 6 of Surveys at page 1301, more particularly described as follows: COMMENCING at the North Quarter corner of said Section 9, a point marked by a 5/8" iron pin; thence along centerline of said Section 9 South 00 degrees 48114" West 49.74 feet to THE POINT OF BEGINNING, marked by a brass cap, said point being on the South right-of-way line of Fairview Avenue (U.S. Highway 30); thence continuing South 00 degrees 48114" West 503.19 feet to a point marked by a 1/2" iron pin; thence leaving said centerline South 89 degrees 35'00" East 433.25 feet to a point marked by a 1/2" iron pin; thence North 00 degrees 42146" East 503.18 feet to a point on the said South right-of-way of Fairview Avenue, marked by a 1/2" iron pin; thence along said right-of-way North 89 degrees 35'00" West 432.45 feet to the POINT OF BEGINNING. PARCEL II The Northwest Quarter of the Northeast Quarter of Section 9, Township 3 North, Range 1 East, Boise Meridian, in Ada county, State of Idaho. EXCEPTING THEREFROM: A parcel of land situated in the Northwest Quarter, Northeast Quarter, Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said parcel is shown on Record of Survey No. 1284, filed as Instrument No. 8835815 at Book 6 of Surveys at page 1301, more particularly described as follows: COMMENCING at the North Quarter corner of said Section 9, a point marked by a 5/8" iron pin; thence along centerline of said Section 9 South 00 degrees 48'14" West 49.74 feet to THE POINT OF BEGINNING, marked by a brass cap, said point being on the South right-of-way line of Fairview Avenue (U.S. Highway 30); thence continuing -2- Commitment Schedule A CONTINUATION OF C MITMENT SCHEDULE A Order No.: AT -99080591 JH/JS South 00 degrees 48'14" West 503.19 feet to a point marked by a 1/2" iron pin; thence leaving said centerline South 89 degrees 35'00" East 433.25 feet to a point marked by a 1/2" iron pin; thence North 00 degrees 42146" East 503.18 feet to a point on the said South right-of-way of Fairview Avenue, marked by a 1/2" iron pin; thence along said right-of-way North 89 degrees 35'00" West 432.45 feet to the POINT OF BEGINNING. Purported Address: NO ADDRESS GIVEN sml END OF SCHEDULE A -3- Commitment Schedule A COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION 1 ORDER NUMBER: 99080591 JH/JS REQUIREMENTS The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument (s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Necessary Conveyances vesting fee simple Title in the Proposed Insured. Item (c) Delivery to the Company of an accurate legal description of subject property. CC: J.L. BOYD COMPANY / CLIFF MARCUM DEVELOPERS DIVERSIFIED REALTY / DAVID B. COATS ALLIANCE TITLE & ESCROW CORP. / KEN FRANKLIN NOTE: If the applicant desires copies of the documents underlying any exception to coverage shown herein, the Company will furnish the same on request, if available, either with or without charge as appears appropriate. NOTE: If a Deed of Trust is contemplated as a part of this transaction, the correct name to be entered as the trustee is: ALLIANCE TITLE & ESCROW CORP. END OF SCHEDULE B -SECTION 1 Commitment Schedule B - Section 1 COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION 2 ORDER NUMBER: 99080591 JH/JS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. B. Exceptions: 1. Rights or claims of parties in possession not shown by the public records. 2. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey or inspection of the premises including, but not limited to, insufficient or impaired access or matters contradictory to any survey plat shown by the public records. 3. Easements, or claims of easements, not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 7. General Taxes for the year 1999, a Lien but not yet due and payable. 8. General Taxes for the year 1998 are paid. Parcel No. 59-51109120605 -1- Commitment Schedule B - Section 2 Order No.: AT- 99080591 JH/JS In the original amount $4,355.10. AFFECTS PARCEL I General Taxes for the year 1998, a Lien, the first half is paid and the second half is now due and payable. Parcel No.: 59-51109120610 In the original amount of $1,511.92. AFFECTS PARCEL II 9. The Land described herein is located within the boundaries of the NAMPA-MERIDIAN Irrigation District and is subject to any Assessments levied thereby. For current status call 466-7861. 10. Ditch, Road and Public Utility Easements as the same may exist over said premises. 11. Document of Nontestamentary Transfer of Sums due under Promissory Note and Agreement of Sale Executed by DANIEL G. GIBSON AND ELIZABETH GIBSON, HUSBAND AND WIFE Recorded DECEMBER 29, 1988 Instrument No. 8863818 AFFECTS PARCEL II 12. A Mortgage, and the terms and conditions thereof: Stated Amount $939,486.00 Mortgagor TERRACE LAWN MEMORIAL GARDENS, INC., AN IDAHO CORPORATION Mortgagee DANIEL G. GIBSON AND ELIZABETH GIBSON Dated DECEMBER 29, 1988 Recorded DECEMBER 29, 1988 Instrument No. 8863820 AFFECTS PARCEL II END OF SCHEDULE B -SECTION 2 -2- Commitment Schedule B - Section 2 - Continued ORDER NO. 9908059_ JH/JS EXHIBIT "A" PARCEL I A parcel of land situated in the Northwest Quarter, Northeast Quarter, Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said parcel is shown on Record of Survey No. 1284, filed as Instrument No. 8835815 at Book 6 of Surveys at page 1301, more particularly described as follows: COMMENCING at the North Quarter corner of said Section 9, a point marked by a 5/8" iron pin; thence along centerline of said Section 9 South 00 degrees 48114" West 49.74 feet to THE POINT OF BEGINNING, marked by a brass cap, said point being on the South right-of-way line of Fairview Avenue (U.S. Highway 30); thence continuing South 00 degrees 48114" West 503.19 feet to a point marked by a 1/2" iron pin; thence leaving said centerline South 89 degrees 35100" East 433.25 feet to a point marked by a 1/2" iron pin; thence North 00 degrees 42146" East 503.18 feet to a point on the said South right-of-way of Fairview Avenue, marked by a 1/21, iron pin; thence along said right-of-way North 89 degrees 35100" West 432.45 feet to the POINT OF BEGINNING. PARCEL II The Northwest Quarter of the Northeast Quarter of Section 9, Township 3 North, Range 1 East, Boise Meridian, in Ada county, State of Idaho. EXCEPTING THEREFROM: A parcel of land situated in the Northwest Quarter, Northeast Quarter, Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said parcel is shown on Record of Survey No. 1284, filed as Instrument No. 8835815 at Book 6 of Surveys at page 1301, more particularly described as follows: COMMENCING at the North Quarter corner of said Section 9, a point marked by a 5/8" iron pin; thence along centerline of said Section 9 South 00 degrees 48114" West 49.74 feet to THE POINT OF BEGINNING, marked by a brass cap, said point being on the South right-of-way line of Fairview Avenue (U.S. Highway 30); thence continuing South 00 degrees 48114" West 503.19 feet to a point marked by a 1/2" iron pin; thence leaving said centerline South 89 degrees 35100" East 433.25 feet to a point marked by a 1/2" iron pin; thence North 00 degrees 42146" East 503.18 feet to a point on the said -1- r+. Continuation of Exhibit A Order No.:99080591 JH/JS South right-of-way of Fairview Avenue, marked by a 1/21, iron pin; thence along said right-of-way North 89 degrees 35'00" West 432.45 feet to the POINT OF BEGINNING. -2- Commitment To Insure ALTA Commitment - 1910 Rev. * * OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company, * for a valuable consideration, hereby commits to issue its policy or policies of tide insurance, as identified in * Schedule A. in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or * * interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor: all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed. or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect. lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure of the proposed Insured to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or fib► to eliminate exceptions shown in Schedule B. or Jcl to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A, to be valid when countersigned by a validating officer or other authorized signatory. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South. Minneapolis. M nnesota 55401 /6 12/ 371 1111 By President i Autho/ired Signatory Attest Secretary ORT Form 2525 COMMITMENT FOR TITLE INSURANCE PIONEER TITLE COMPANY OF ADA COUNTY (208) 373-3700 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SCHEDULE A File No. I. Effective Date: P179003 March 29, 1999 at 7:30 A.M. PIONEER TITLE COMPANY OF ADA COUNTY 821 W. STATE ST. BOISE, ID 83702 ATTN: JANET BLOSCH Ph: 208-373-3750 Fx: 208-384-9936 Copies to: DEVELOPERS DIVERSIFIED REALTY CORPORATION TERRACE LAWN MEMORIAL GARDENS, INC. 3300 ENTERPRISE PARKWAY 1200 N. CLOVERDALE ROAD BEACHWOOD, OH 44122 BOISE, ID 83713 Attn: JOAN U. ALLGOOD, VP Attn: TIMOTHY T. GIBSON DANIEL G. GIBSON GIVENS PURSLEY LLP 19500 HIGHWAY 2026 277 N. 6TH STREET, STE. 200 CALDWELL, ID 83605 BOISE, ID 83701 Attn: CHRISTOPHER J. BEESON PIONEER 1031 COMPANY 8151 W. RIFLEMAN BOISE, ID 83704 Attn: ROB ONNEN Fx: 208-373-3737 Escrow Inquiries should be directed to: JANET BLOSCH SR. ESCROW OFFICER (373-3750) 821 W. STATE ST. BOISE, ID 83702 2. Policy or Policies to be issued: (A) Owner's Standard Coverage CLARK DEVELOPMENT 479 MAIN ATTN: WILLIAM CLARK Title Inquiries should be directed to: HAROLD E. HUSTON VICE PRESIDENT (PHONE 373-3679) 8151 W. RIFLEMAN BOISE, ID 83704 Amount Premium $2,950,000.00 $9,945.00 Proposed Insured: DEVELOPERS DIVERSIFIED REALTY CORPORATION 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE CONTINUED P179003 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: DANIEL G. GIBSON JR. AND CAROLYN GIBSON, HUSBAND AND WIFE AS TO THAT PORTION DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN THE NORTHWEST QUARTER, NORTHEAST QUARTER, SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, SAID PARCEL IS SHOWN ON RECORD OF SURVEY NO. 1284, FILED AS INSTRUMENT NO. 8835815 AT BOOK G OF SURVEYS AT PAGE 1301; MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 9, A POINT MARKED BY A 5/8" IRON PIN; THENCE ALONG THE CENTERLINE OF SAID SECTION 9 SOUTH 0 DEGREE 48'14" WEST 49.74 FEET TO THE POINT OF BEGINNING, MARKED BY A BRASS CAP, SAID POINT BEING ON THE SOUTH RIGHT-OF-WAY LINE OF FAIRVIEW AVENUE (U.S. HIGHWAY 30); THENCE CONTINUING SOUTH 0 DEGREE 48'14" WEST 503.19 FEET TO A POINT MARKED BY A 1/2" IRON PIN; THENCE LEAVING SAID CENTERLINE SOUTH 89 DEGREES 35'00" EAST 433.25 FEET TO A POINT MARKED BY A 1/2' IRON PIN; THENCE NORTH 0 DEGREE 42'46" EAST 503.18 FEET TO A POINT ON THE SAID RIGHT-OF-WAY OF FAIRVIEW AVENUE, MARKED BY A 1/2" IRON PIN; THENCE ALONG SAID RIGHT-OF-WAY NORTH 89 DEGREES 35'00" WEST 432.45 FEET TO THE POINT OF BEGINNING; AND IN TERRACE LAWN MEMORIAL GARDENS, INC., AN IDAHO CORPORATION, AS TO THE REMAINDER. 5. The land referred to in this Commitment is described as follows: SEE SCHEDULE C P179003 SCHEDULE B - SECTION 2 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. B. General Exceptions: (1) Rights or claims of parties in possession not shown by the public records. (2) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey or inspection of the premises including, but not limited to, insufficient or impaired access or matters contradictory to any survey plat shown by the public records. (3) Easements, or claims or easements, not shown by the public records. (4) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed'by law and not shown by the public records. (5) (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims to title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. (6) Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices to such proceedings, whether or not shown by the records of such agency or by the public records. *PARAGRAPHS 1,2,3,4,5 AND 6 WILL NOT APPEAR AS PRINTED EXCEPTIONS ON EXTENDED COVERAGE POLICIES, EXCEPT AS TO SUCH PARTS THEREOF, WHICH MAY BE TYPED AS A SPECIAL EXCEPTION IN SCHEDULE B - SECTION 2. CONTINUED P179003 C. Special Exceptions: 1. GENERAL TAXES FOR THE YEAR 1998, WHICH ARE LIENS, OF WHICH THE FIRST HALF HAS BEEN PAID. THE SECOND HALF OF WHICH WILL NOT BECOME DELINQUENT UNTIL JUNE 20TH. PARCEL NO. AMOUNT 5951109120610 $1511.92 SAID TAXES AFFECT THAT PORTION AND OTHER LAND VESTED IN TERRACE LAWN MEMORIAL GARDENS INC. 2. GENERAL TAXES FOR THE YEAR 1999, WHICH ARE LIENS, ARE NOT YET DUE AND PAYABLE. 3. SEWERAGE CHARGES AND SPECIAL ASSESSMENT POWERS OF THE CITY OF BOISE. NO SPECIAL ASSESSMENTS NOW SHOW OF RECORD. 4. LIENS AND ASSESSMENTS OF THE FOLLOWING DISTRICT AND THE RIGHTS AND POWERS THEREOF AS PROVIDED BY LAW. NO DELINQUENCIES APPEAR IN THE COUNTY RECORDER'S OFFICE. DISTRICT: NAMPA MERIDIAN IRRIGATION DISTRICT 5, ANY EASEMENTS NOT DISCLOSED BY THOSE PUBLIC RECORDS WHICH IMPART CONSTRUCTIVE NOTICE AND WHICH ARE NOT'VISIBLE AND APPARENT FROM AN INSPECTION OF THE SURFACE OF SAID LAND. 6. TERMS AND PROVISION OF AGREEMENT DATED: MARCH 27, 1922 BETWEEN: NAMPA 8 MERIDIAN IRRIGATION DISTRICT AND J.H. MC BIRNEY AND BESSIE 0. MC BIRNEY RECORDED: MAY 22, 1922 INSTRUMENT NO.: 99731 IN BOOK 8 OF CONTRACTS, PAGE 476 7. AN EASEMENT CONTAINING CERTAIN TERMS;"CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN FOR: POWER LINE EASEMENT IN FAVOR OF: IDAHO POWER COMPANY RECORDED: OCTOBER 18M 1955 INSTRUMENT NO.: 384633 8. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN DEED TO THE STATE OF IDAHO, CONVEYING A PORTION OF THE PROPERTY ADJOINING. RECORDED: DECEMBER 11, 1956 AND DECEMBER 12, 1956 INSTRUMENT NO.: 404072, 404073, 404474, AND 404474 9. THE APPLICATION CALLS FOR AN OWNERS EXTENDED COVERAGE POLICY. THEREFORE, THE FOLLOWING MATTERS MUST BE CLEARED TO THE SATISFACTION OF THE COMPANY BEFORE ISSUANCE OF THE POLICY: A. QUESTIONS OF SURVEY B. RIGHTS OF PERSONS IN POSSESSION C. MATERIAL OR LABOR LIENS D. RIGHTS OR CLAIMS FOR EASEMENTS NOT OF RECORD NOTE: AN ALTA/ASCM SURVEY PREPARED BY A LICENSED SURVEYOR AND CERTIFIED TO PIONEER TITLE COMPANY OF ADA COUNTY AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY MUST BE SUBMITTED FOR REVIEW AND EXAMINATION. CONTINUED P179O03 10. SUBJECT TO THOSE ADDITIONAL ITEMS, IF ANY, WHICH MAY BE REQUIRED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, FOLLOWING A REVIEW OF THIS REPORT. END OF EXCEPTIONS NOTE: WE NOTE A RECORD OF SURVEY OF THE SUBJECT PROPERTY. REFERENCE TO THE RECORD IS MADE FOR FULL PARTICULARS. RECORDED: JULY 21, 1988 INSTRUMENT NO.: 8835815 BOOK/PAGE: 1283 NOTE: THE LEGAL DESCRIPTION IN THIS COMMITMENT IS BASED ON INFORMATION PROVIDED WITH THE APPLICATION AND THE PUBLIC RECORDS AS DEFINED IN THE POLICY TO ISSUE. THE PARTIES TO THE FORTHCOMING TRANSACTION MUST NOTIFY THE TITLE INSURANCE COMPANY PRIOR TO CLOSING IF THE DESCRIPTION DOES NOT CONFORM TO THEIR EXPECTATIONS. NOTE: GENERAL TAXES FOR THE YEAR 1998, WHICH WERE LIENS, ARE PAID. PARCEL NO. AMOUNT 5951109120605 $4355.10 SAID TAXES AFFECT THAT PORTION VESTED IN DANIEL G. GIBSON JR. AND CAROLYN GIBSON NOTE: THERE IS NO NOTICE OF RECORD AND THEREFORE NO SEARCH HAS BEEN MADE FOR ANY UNPAID ASSESSMENTS, CHARGES OR FEES FOR SEWER, WATER, GARBAGE, IRRIGATION AND OTHER POSSIBLE UTILITY SERVICES. NOTE: IF THE PROPOSED INSURED UNDER THE POLICY TO ISSUE HAS ANY QUESTIONS CONCERNING THE COVERAGE OR EXCLUSIONS FROM COVERAGE, THE COMPANY WILL BE PLEASED TO PROVIDE AN EXPLANATION. NOTE: PURSUANT TO THE STATE OF IDAHO INSURANCE REGULATIONS, A CANCELLATION FEE IS TO BE CHARGED ON ALL CANCELLED ORDERS. UNLESS OTHERWISE ADVISED, ORDERS WILL BE CONSIDERED CANCELLED SIX MONTHS AFTER THE EFFECTIVE DATED ON THE COMMITMENT. THE AMOUNT OF THE FEE ASSESS SHALL BE IN ACCORDANCE WITH OUR RATE FILING WITH THE IDAHO DEPARTMENT OF INSURANCE. File Number: P179003 SCHEDULE C The land referred to in this Commitment is described as follows: THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 2 EAST OF BOISE MERIDIAN IN ADA COUNTY, IDAHO. EXCEPT THOSE PORTION CONVEYED TO THE STATE OF IDAHO BY DEEDS RECORDED UNDER INSTRUMENT NO.S 404072, 404073, 404474, AND 404477; AND EXCEPT THAT PORTION LYING WITHIN THE PLAT OF TERRACE LAWN MEMORIAL GARDENS, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 19 OF PLATS AT PAGE 1220 AND 1221, RECORDS OF ADA COUNTY, IDAHO. END OF LEGAL DESCRIPTION FILE NO.: P179003 EXHIBIT A THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 2 EAST OF BOISE MERIDIAN IN ADA COUNTY, IDAHO. EXCEPT THOSE PORTION CONVEYED TO THE STATE OF IDAHO BY DEEDS RECORDED UNDER INSTRUMENT NO.S 404072, 404073, 404474, AND 404477; AND EXCEPT THAT PORTION LYING WITHIN THE PLAT OF TERRACE LAWN MEMORIAL GARDENS, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 19 OF PLATS AT PAGE 1220 AND 1221, RECORDS OF ADA COUNTY, IDAHO. END OF LEGAL DESCRIPTION R I su044330o snesutseo --_-_---- _-----------------------------��-------- ------------------------------------------------------ ------------------------------------------ U. -S HWY_30------------ �e a r 1 s� :into 1� 1 , UB. 1; e7ee- 1 1� Z; sl " uesetmsee I 0.6 , eulaalos�o I si "fhia ska4h w for bcam prpuaes only. The Compwy asuunw n; Fresh rq for vr� POW ME COPAW aftC.M* AFFIDAVITS OF LEGAL INTEREST eloper _ r� r.'� J ~� Y 1I �. . - -•t�IM�t,'�'f�r�r4t�Ja-.-1 -tet/'-.- r.y,�. y.�,. .. -_ -• 4 JOAN U. ALLGOOD Mice President. Seurtayy and Caxral Counsel 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 Lary 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. 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 228042. Beachwood -Ohio 44122 Tel: (216) 755-5656 - Fax: (216) 755-1656 or (216) 755-1678 - jaligood@ddrc-corn 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: 1. 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 liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this 3 0 1h 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: , JOAN U. ALLG OD Vice President SUBSCRIBED AND SWORN to before me the day and year first above written..A�- Notary Public h CAT"ERINE B. KLETCKq_ Notary Publ;!c, State of Ohio h1v Cora„r,e:;ion Expires December 27. 2001, NOV-30-1999 13:25 WWBBLE ENGINEERING NUBBLE ENGINEERING, INC. 1 \, ' C lJ°l 9550 Bethel Court . Boise, Idaho 83709 Project No. 9925000 D.D.R.C. REMAINDER PARCEL PROPERTY DESCRIPTION 208 378 0329 P.02iO3 208/322-8992 . Fax 208/378-0329 November 30, 1999 A parcel of land located in the NE1/4 of the NW1/4 of Section 9, T.3N., R.1E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 4, 5, 8 and the said Section 9; thence South 89°22'10" East, 2659.63 feet to the 1/4 comer common to said Sections 4 and 9; thence South 0°48'14" West along the North-South mid-section line 60.00 feet, to the REAL POINT OF BEGINNING; thence continuing along the North-South mid-section line South 0°48'14" West 820.85 feet to a point; thence North 89°35'32" West, 569.33 feet to a point on the easterly right-of-way line of N. Records Ave.; thence along said right-of-way line for the following seven courses: 84.19 feet along a curve to the left to a point, said curve having a radius of 238.45 feet, a delta of 20013'46" and a long chord bearing North 14°07'53" West, 83.75 feet; thence North 22°18'38" West, 2.62 feet to a point; thence 57.89 feet along a curve to the left to a point, said curve having a radius of 143.75 feet, a delta of 23°0430" and a long chord bearing North 10°24'03" West, 57.50 feet; thence North 00°25'00" East, 277.97 feet to a point; thence North 02°37'35" East, 298.24 feet to a point; thence North 00°25'00" East, 78.20 feet to a point; Page 1 of 2 NOU-30-1999 13.25 6&IBBLE ENGINEERING 208 378 0329 P.03iO3 thence North 45°31'25" East, 40.92 feet to the South right-of-way line of Fairview Avenue as created by warranty deed with Instrument Number 99072864 of Ada County records: thence along said South right-of-way line South 89°22'10" East, 567.23 feet to the Real Point of Beginning. Containing 11.29 acres (491,667 square feet) more or less. Prepared by: HUBBLE ENGINEERING, INC. OCL �Vp G �41S E o� C 9 CL 1p 4 0 f R fan w J:TRW/vw/DDRC-Remainder Todd R. Waite, P.L.S. Page 2 of 2 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ) ss COUNTY OF ADA ) 1, Timothy T. Gibson, 1200 N. Cloverdale Road, Boise, Idaho, being first duly sworn upon oath, depose and say; 1. That 1 am the President of Terrace Lawn Memorial Gardens, Inc., the record owner of the property described on the attached, and Terrace Lawn Memorial Gardens, Inc. grants its permission to Developers Diversified Realty Corporation to submit the accompanying application pertaining to that property. 2. Terrace Lawn Memorial Gardens, Inc. agrees to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. rt -1 Dated this - day of November, 1999. TERRACE LAWN MEMORIAL ARDENS, INC. Timothy T. Gibson, esident SUBSCRIBED AND SWORN to before me the day and year first above written. Notary Public for Idaho ///�ti� - 9• _ u,� _ _. 4i 1� Residing at; 1. 1�10 4 �' a,. My Commission expires: - 7 �� - `•� 1 hF rii,okM-7 04/29/1999- 09:59 2083850696 TEALEYS LAND SURVEY PAGE 02 TEALETS LAND 915 west Jefferson Street • Boise, Idaho 83702 SURVEYING (208) 385-0636 a] — — Fax (208) 385-0696 Project. No.: 1882 Date: April 29, 1999 DESCRIP'T'ION FOR TIM GIBSON — PARCEL 2 A parcel of land being a portion of the NW 1/4 of the NE 11/4 of Section 9, T.3N., R. I E., B.lvt., Ada County, Idaho and more particularly described as follows: Commencing at an iron pica marking the North 1!4 corner of said Section 9; thence along the centerline of said Section 9 South 00°4835" West, formerly South 00148'14" West, 49.74 feet to a brass cap on the South right-of-way line of Fairview Avenue; thence along said South right-of-way line South 89°35100" East 432.45 feet to an iron pin marking the POINT OF BEGINNING; thence continuing South 89°35'00" East 276.21 feet to a point; thence leaving said South right-of- way line South 15100'00" West 276.88 feet to a point; thence South 00'48'35" West 554.06 feet to a point; thence North 89035'00" West 640.79 feet to a point on said centerline of Section 9; thence along said centerline North 00°48' 35" East 318.83 feet to an iron pin; thence leaving said centerline South 89135'00" East 433.30 feet to an iron pin; thence North 00°42'46" East 503.18 feet to the POINT OF BEGINNING, C:\MY DocumcY.:sivadldu\IS!]-1-des.dce -jdc Said parcel of land contains 7.30 acres, more or less. 1AIM 0 04/29/1999 09:59 N 00.48'39" 9 49.74 2083 r 850696 TEALEYS LAND SURVEY PAGE 03 FAIRVIEW AVENUE 4 1 1 I P 1 l PARCEL 3 ?91.398 eq.f 1. 6.690 ecres l I I ' I 1 S 89.21' 1$" E 1335 p5' AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss COUNTY OF ADA ) We, Daniel G. Gibson, Jr. and Carolyn A. Gibson, 19500 Highway 20-26, Caldwell, Idaho, being first duly sworn upon oath, depose and say: 1. That we are the record owners of the property described on the attached, and we grant our permission to Developers Diversified Realty Corporation to submit the accompanying application pertaining to that property. 2. We agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this day of November, 1999. Daniel G. Gi on, Jr. Carolyn A. dibson ;CRIB4ASWORN to fore me the day and year first above written. oo allAST k ,r�•� �~ ,GARY G �` = w� ti s Notary Public for Idaho Pv$`' 'k 9600906 .• `7t',• Residing at: My Commission expires: 04/29/1999 09:59 208380696 TEALEY'S LAND SURVEYING Project. No.: 1882 Date: April 29, 1999 TEALEYS LAND SIAVEY PAGE 01 915 West Jefferson Street • Boise, Idaho 83702 (208) 385-0636 Fax (208) 385-0696 DESCRIPTION FOR TIM GIBSON — PARCEL I A parcel of land being a portion of the NW 1/4 of the NE 1/4 of Section 9, T.3N., R.1 E., B.M., Ada County, Idaho as shown on Record of Survey No. 1283, filed for record in the office of the Ada County Recorder, Boise, Idaho and more particularly described as follows: Commencing at an iron pin marking the North L'4 comer of said Section 9; thence along the centerline of said Section 9 South 00°48'35" West, formerly South 00°48'14" West, 49.74 feet to a brass cap on the South right-of-way line of Fairview Avenue, said point being the POINT OF BEGINNING; thence along said South right-of-way line South 89°35'00" East 432.45 feet to as iron pin-, thence leaving said South right- of-way line South 00°42'46" West 503.18 feet to an iron pin, thence North 89°35'00" West 433.30 feet, formerly 433.25 feet, to an iron pin on said centerline of Section 9; thence along said centerline North 00°4835" East, formerly North 00'48'14" East, 503.19 feet to the POINT OF BEGINNING, Said parcel of land contains 5.00 acres, more or less. C:Wy D.cv=vskw"A&311682- t-das doc • * LAW 7 �C_W_OAV �111i` �� 0e, 1 V TRAFFIC ANALYSIS LETTERS - Dobie Engineering, Inc. & - Ada County Highway District JUN -1 7-99 THU 10 :47 LOS I E Et4G 1 r1EER I NG . INC. /"A8 345 3290 P 02 DOBXE ENGINEERING, INC. 777 Hearthstone Dr, Boise, .LD 83702 (208)345-3290 June 17, 1999 Dave Szplett, P.E. Ada County Highway District 318 E. 37th St. Boise, JD 83714 RE: Family Center at Meridian - MCLT-t7-98 Traffic impact Study Dear Dave; The purpose of this supplemental analysis is to consider the marginal impacts of the addition of 100,000 sq.ft. of retail space to the approved Family Center at Meridian. At full buildout, the total traffic generated by the Center will increase by 2040 vehicles per day. Moreover, this retail addition 1%111 add approximately 225 new peak hour trips. Site access will be available from Fairview Avenue via the Records Avenue intersection plus two new driveways. It is anticipated that the new signalized Records Avenue intersection ;will receive the majority of the site traffic, especially the left -turning movements. The capacity analysis for this signal was recalculated to include the additional traffic. The projected service levels are within the C/D range for all approaches during the peak hour period. This capacity is favorable and well within acceptable standards. Acceptable service levels will also be achieved at the site driveways to Fairview Avenue where the predonunant movements will be right turns. The findings of this supplemental analysis indicate that no significant traffic problems will result from adding the proposed retail space to the Family Center site. Sincerely, Patrick Dobie, P.E. �4 Dobie Engineering, Inc. ' ,4% of %V "��'aEct o°../ 06/17/99 15:10 $208 345 7650 ACRD I?J001/001 �c�a �ounEc��i �icvac� oCJi�trict Sherry R Huber, President 318 East 37th Street Judy Peavey -Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Givens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner e -mai : tellus@achd.adaJd.us June 17, 1999 Tom Bauwens The Dakota Company 380 East Park Center Blvd, Suite 1 DO Boise, ID 83706 Re: MCPA-99-0002 South of Fairview, East of Records The Ada County Highway District has received the updated traffic analysis as requested. The District accepts the traffic numbers and is processing the application. There is no longer a hold on this project. Feel free to contact me if there are any other questions or concerns. a, David Szplett Planning and Development Division cc: Project File Shari Stiles, City of Meridian MAILING LIST - 300' PROPERTY OWNERS APPLICATION LETTERS - Letter Verifying Contents Of Application - Letter Stating Application Will Post Property With Public Hearing Notice - Letter Verifying Applicant Agrees To Pay Any Additional Fees Or Charges 110�, DAKOTA COMPANY, INC. November 29, 1999 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 - Phase II Expansion 24 +/- Acres - Southeast Corner Records Drive & Fairview Avenue 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 VP Construction Dakota Company, Inc. For Developers Diversified Realty Corp. ■ PHONE (208) 343-5223 FAX (208) 343-4954 380 EAST PARKCENTER BLVD, SUITE 100 BOISE, IDAHO 83706 W November 29, 1999 Ms. Shari Stiles DAKOTA COMPANY, I NC. Planning Director/Zoning Administrator City Of Meridian 200 East Carlton Suite 201 Meridian, Idaho 83642 RE: Conditional Use Permit Application Meridian Crossroads Shopping Center - Phase H Expansion 24 +/- Acres - Southeast Corner Records Drive & Fairview Avenue Dear Shari: With respect to the above referenced Conditional Use Permit application, please be advised that the Applicant will post a Public Hearing Notice on the subject property one week prior to the City Of Meridian Planning And Zoning Commission meeting 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 VP Construction Dakota Company, Inc. For Developers Diversified Realty Corp. ■ PHONE (208) 343-5223 FAX (208) 343-4954 380 EAST PARKCENTER BLVD. SUITE 100 BOISE, IDAHO 83706 DAKOTA COMPANY, INC. November 29, 1999 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 - Phase H Expansion 24 +/- Acres - Southeast Corner Records Drive & Fairview Avenue 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, if any associated with the use. Sincerely, Tom Bauwens VP Construction Dakota Company, Inc. For Developers Diversified Realty Corp. ■ PHONE (208) 343-5223 FAX (208) 343-4954 380 EAST PARKCENTER BLVD. SUITE 100 BOISE, IDAHO 83706 ATTACHMENTS - Site Photographs - Vicinity Map - Site Plan - Landscape Plan - Building Elevations & Material List - Pylon Sign Photo of existing site of proposed Phase II Development. View of Records Avenue looking North to Fairview intersection. Texas Roadhouse Restaurant on left. Phase II Development site is on the right. W Photo taken at South boundary of site looking North toward Fairview Avenue. Photo taken near Southwest corner of site looking Eastward View of block wall and landscaping near Records Avenue. Similar buffering will be constructed on the Phase II Development site. VA xe� _ a - lr -. y f y _ VOIX r; _ View of South boundary of site looking eastward. The existing irrigation ditch will be piped. Landscaping plus a block wall will be installed in this buffer area. t• i O ^ @ O N. 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CaMOn Ave., Ste. #201 Meridian, ID 83642 Phone: (208)884-6533 Fa)c (208)887-1297 Fwl To: Tom Baumns 2088871297 TO 3434954 P.01iO4 city of Meridian From Sonya Day Fac - 343-4454 Dat« November 1S, 1999 Phones PaWn: 4 (Incud Cover) Re: CUP & PP Fees 0 urgent CEJ For Revlew *Comments: CC: ❑ Please CommevA C Please Reply ❑ Please Recycle Z15. 'M 79. 5$ rowung eS— 4�.�3x p P (3 IDts) 330, 15q. Ila wai Ii na 7ES - (.73 XI}(o xZ e-%" FILE COPE BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF DEVELOPERS DIVERSIFIED REALTY CORP. CIO DAKOTA COMPANY, INC., FOR A CONDITIONAL USE PERMIT FOR COMMERCIAL EXPANSION OF THE MERIDIAN CROSSROADS SHOPPING CENTER (WALMART), LOCATED AT THE SOUTHEAST CORNER OF RECORDS DRIVE AND FAIRVIEW AVENUE, MERIDIAN, IDAHO Case No. CUP -00-004 RJCEI—Vzl) MAR - 1 2009 CITY OF 1 ERIMUN 02-29-00 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS This above entitled conditional use permit application having come before the City Council for public hearing on February 15, 2000, at the hour of 7:30 p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, upon the Findings of Fact and Conclusions of Law and Recommendation to City Council issued by the Planning and Zoning Commission who conducted a public hearing and having heard and taken oral and written testimony, and Shari Stiles, Planning and Zoning Administrator, appeared and testified at the hearing, and appearing and testifying were Larry Durkin, President of Dakota Company, and Patrick Dolby who prepares traffic impact studies for Walmart, and affected property owners who appeared and testified were: Kevin Trosclair and Emery Hill, FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 1 of 19 USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED REALTY CORP. C/O DAKOTA COMPANY INC. / CUP -00-004 1• and having duly considered the matter and the Planning and Zoning Commission made the following Findings of Fact and Conclusions of Law and Recommendation to City Council, and the City Council having received the staff report and the record made before the Planning and Zoning Commission, and being fully advised in the premises, the Council finds and concludes as follows: STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW Idaho Code § 67-6512 provides in part that: (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the zoning ordinance, but may be allowed with conditions under specific provisions of the zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, and when it is not in conflict with the plan; and (C) That upon the granting of a special use permit, conditions may be attached to a special use permit, including, but not limited to, those: 1) Minimizing adverse impact on other development; 2) Controlling the sequence and timing of development; 3) Controlling the duration of development; FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 2 of 19 USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED REALTY CORP. C/O DAKOTA COMPANY INC. / CUP -00-004 4) Assuring that development is maintained properly; 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities or services; requiring more restrictive standards than those generally required in an ordinance; requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. 2. The City of Meridian has exercised its authority to provide for the processing of applications for Conditional Use Permits by the enactment of Meridian City Code § 11-17-2. 3. Idaho Code § 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as the "Local Land Use Planning Act of 1975." 4. The City of Meridian has enacted the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994. 5. Prior to granting a conditional use permit in a Community Business zone (C -C), 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, which provides as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 3 of 19 USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED REALTY CORP. C/O DAKOTA COMPANY INC. / CUP -00-004 "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." STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for February 15, 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 said February 15, 2000, public hearing; and the Applicant, affected property owners, and government subdivisions providing services FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 4 of 19 USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED REALTY CORP. C/O DAKOTA COMPANY INC. / CUP -00-004 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 and 67-6512; 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. Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Meridian City Code Title 11 and Title 12 and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. 4. The property is located at the southeast corner of Records Drive and Fairview Avenue, Meridian, Idaho. 5. The owners of record of the subject property are Hermes Associated Limited and Developers Diversified Realty Corp. of Beechwood, Ohio; Daniel G. Gibson Jr. and Carolyn A. Gibson of Caldwell, Idaho; Timothy T. Gibson of Boise, Idaho. 6. Applicant is Developers Diversified Realty Corp. of c/o Dakota Company Inc. of Boise, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 5 of 19 USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED REALTY CORP. C/O DAKOTA COMPANY INC. / CUP -00-004 7. The subject property is currently zoned Community Business (C -C). The zoning district of C -C is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2 I. 8. The proposed application requests a conditional use permit for the expansion of Meridian Crossroads Shopping Center, specifically a Walmart. The C -C 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. 9. The Meridian City Council 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 requested conditional use is required as a condition of the development agreement at Sections 6. Conditions Governing Development of Subject Property. 12. The requested conditional use is described in the SITE PLAN, Dated: 2/3/00, Issue Date: 10/29/99, Project No. 981074, C-10, BY: PACIFIC LAND DESIGN, for the development of the aforementioned expansion of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 6 of 19 USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED REALTY CORP. C/O DAKOTA COMPANY INC. / CUP -00-004 Crossroads Shopping Center, specifically a Walmart and which property is described as: Southeast corner of Records Drive and Fairview Avenue, approximately 24 +/- acres, Meridian, Idaho. 13. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, as herein provided for in the conditions of approval, public facilities and services required by the proposed development will not impose expense upon the public if the conditions of development, as set forth in the Decision and Order number 2, are found 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. 14. The use proposed within the subject application will in fact, constitute a conditional use as determined by Council action and City Ordinance. 15. The use proposed within the subject application will be subject to the conditions as set forth in the Decision and Order under number 2, and will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such use will not change the intended essential character of the same area. FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 7 of 19 USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED REALTY CORP. C/O DAKOTA COMPANY INC. / CUP -00-004 0--1 16. The use proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 17. The use 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. 18. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 19. The use 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. 20. Sufficient parking for the proposed use of the property will be provided. 21. The use will not result in the destruction, loss or damage of natural or scenic features of major importance relating to the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 8 of 19 USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED REALTY CORP. C/O DAKOTA COMPANY INC. / CUP -00-004 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 Applicant and owner of the property, and is granted a conditional use permit for the proposed application request of a conditional use permit for the construction, development, maintenance and use for the expansion of Meridian Crossroads Shopping Center, specifically a Walmart, described in the SITE PLAN, Dated: 2/3/00, Issue Date: 10/29/99, Project No. 981074, C-10, BY: PACIFIC LAND DESIGN, for the development of the aforementioned expansion of Meridian Crossroads Shopping Center, specifically a Walmart and which property is described as: Southeast corner of Records Drive and Fairview Avenue, approximately 24 +/- acres, Meridian, Idaho. 2. The conditional use permit granted herein is subject to the following terms and conditions: 2.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 9 of 19 USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED REALTY CORP. C/O DAKOTA COMPANY INC. / CUP -00-004 association, with written confirmation of said approval submitted to the Public Works Department. 2.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 2.3 Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance Section 11-13-4 and/or as detailed in site-specific requirements, and in accordance with Americans with Disabilities Act (ADA) requirements. All site drainage shall be contained and disposed of on-site. 2.4 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. 2.5 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 2.6 Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 2.7 Provide minimum five -foot -wide pedestrian walkways along all roadways and throughout the development in accordance with City Ordinance Section 12-5-2-K. 2.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.9 Applicant shall be responsible for construction of the sewer and water mains to and through this proposed development. Designer is to coordinate main sizing and routing with the Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 10 of 19 USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED REALTY CORP. C/O DAKOTA COMPANY INC. / CUP -00-004 2.10 Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 2.11 Applicant shall be required to enter into an Assessment Agreement for water and sewer with the City of Meridian. 2.12 This development requires that a minimum of ten percent of the gross land area be common open space. The applicant shall provide calculations to show that this requirement is being met. 2.13 Detailed plans of the internal parking lots, including islands and landscaping details shall be provided. All landscape islands must be at least 6 feet wide. 2.14 A minimum 20 -foot landscape setback beyond required right-of-way on Fairview Avenue shall be required as a condition of approval. 2.15 Detailed signage plans including design and location are required for approval. 2.16 Planting strips are required to be placed neat to commercial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide. The applicant is proposing a buffer 31 feet wide with a six -foot -high masonry block wall. Drainage swales shall not be included in this landscape buffer, nor along Fairview Avenue. 2.17 As the commercial uses are not compatible with the adjacent cemetery use, minimum 20 -foot -wide planting strips need to be provided along the west side of the future Venture Street. Although significant landscaping is shown on the northern portion of the parcel, this area is also shown as a "future retail pad and building". No building or use for the area is approved as part of this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 11 of 19 USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED REALTY CORP. C/O DAKOTA COMPANY INC. / CUP -00-004 2.18 Any drive-through facilities will be required to go through a separate conditional use permit process, and none are approved with this application. 2.19 Curbing shall be provided around all landscaped areas. 2.20 Five -foot -wide sidewalks must be provided along Fairview Avenue. Provision also needs to be made for pedestrian sidewalks within the development and particularly through the parking areas. 2.21 Provisions for bicycle racks need to be made in the development. 2.22 Trash enclosures must be coordinated with Sanitary Services Inc. and screened on at least three sides. Applicant shall provide a letter of approval with submittal for Certificate of Zoning Compliance. 2.23 No handicapped parking spaces are shown around retail building #2 (30,000 s.f.). Each building must meet parking requirements for standard and handicapped parking. 2.24 Applicant shall provide updated, corrected parking data as requested by Planning and Zoning including required landscaping plans. 2.25 Applicant is responsible for malting sure that none of the proposed landscaping is located over an easement that would preclude the landscaping. 2.26 Loading facilities near residential areas have been a continual source of noise complaints. The existing Conditional Use Permit requirements related to noise abatement adequately address these concerns. 2.27 Acceleration/deceleration lanes need to be provided on Eagle Road and Fairview as part of this development per the Ada County Highway District Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 12 of 19 USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED REALTY CORP. C/O DAKOTA COMPANY INC. / CUP -00-004 Adopt the Recommendations of the Ada County Highway District as follows, or as subsequently revised and approved by the Ada County Highway District Commissioners: 2.28 Applicant shall dedicate sufficient additional right-of-way to total 60 -feet from section line of Fairview Avenue abutting the entire site. The right-of- way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 2.29 Applicant shall construct a 5 -foot wide concrete sidewalk on Fairview Avenue abutting the site 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. 2.30 Applicant shall construct three curb return driveways with 25 -foot curb radii on Fairview Avenue. The driveways shall be located and constructed as follows: • Locate the western driveway 220 -feet east of Records Drive. Construct the driveway 24 to 30 -feet wide and provide a minimum storage length of 50 -feet for the in -bound and out -bound approach. • Locate the middle driveway 600 -feet east of Records Drive. Construct the driveway 60 -feet wide with two in -bound lanes, an island, and two out -bound lanes. Provide a minimum storage length of 75 -feet for the outbound lanes and 100 -feet for the inbound lanes. • Locate the eastern driveway 220 -feet west of the proposed Venture Street. Construct the driveway 30 -feet wide and provide a minimum storage length of 50 -feet for the in- bound and out -bound approach. Applicant shall install 30' by 30" high intensity STOP signs at all three driveway's intersections with Fairview Avenue. Applicant shall coordinate FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 13 of 19 USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED REALTY CORP. C/O DAKOTA COMPANY INC. / CUP -00-004 Ohft%, the design, storage length and location of the driveways with District staff. 2.31 Applicant shall construct a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet east of the stop bar at the Fairview Avenue/Records Drive intersection to a point 50 -feet east of the eastern edge of western driveway. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. 2.32 Applicant shall construct a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet west of the stop bar at the Fairview Avenue/Venture Street intersection to a point 50 -feet west of the western edge of the driveway. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. 2.33 Applicant shall construct three curb return driveways with 15 -foot curb radii on Records Drive. Locate and construct the driveways as follows: • Locate the northern driveway 175 -feet south of Fairview Avenue, and construct as a 24 to 30 -feet wide curb return driveway with 15 -foot curb radii. • Locate the middle driveway 400 -feet south of Fairview Avenue, and construct as a 30 to 36 -feet wide curb return driveway with 15 -foot curb radii. • Locate the southern driveway 40 -feet north of the south property line, and construct as a 30 to 36 -feet wide curb return driveway with 15 -foot curb radii. The minimum storage length shall be 50 -feet. Install 30" by 30" high intensity STOP signs at the driveway's intersections with Records Drive. 2.34 Applicant shall construct Venture Street along the eastern property line according to Ada County Highway District standards and requirements. Venture Street shall be located off Fairview Avenue to align with the FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 14 of 19 USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED REALTY CORP. C/O DAKOTA COMPANY INC. / CUP -00-004 A_ - existing Venture Street on the north side of Fairview Avenue. The location of the Venture Street/Fairview Avenue intersection shall be coordinated with District staff. 2.35 Applicant shall locate any proposed driveway on Venture Street a minimum of 175 -feet south of Fairview Avenue. Construct the driveway as a 24 to 30 -foot wide curb return driveway with 15 -foot curb radii. Coordinate the location and design of the driveway with District staff. 2.36 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 2,460 -feet). The applicant will not be compensated for this construction. 2.37 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. 2.38 The applicant shall 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. 2.39 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. 2.40 Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. Adopt the Recommendations of the Meridian Fire Department as follows: 2.41 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 15 of 19 USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED REALTY CORP. C/O DAKOTA COMPANY INC. / CUP -00-004 2.42 All testing of alarm system and sprinkler systems will be approved by the Meridian Fire Department before building occupancy. Adopt the Recommendations of the Nampa Sz Meridian Irrigation District as follows: 2.43 Requires all laterals and wasteways be protected. 2.44 All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa SL Meridian Irrigation District must review drainage plans. 2.45 The Developer must contact the Nampa SL Meridian Irrigation District for approval before any encroachment or change of right-of-way occurs. Developer must comply with Idaho Code § 31-3805. 2.46 A Land Use change/Site Development application shall be filed with the Irrigation District prior to final platting. Adopt the Recommendations of the Central District Health Department as follows: 2.47 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health SL Welfare, Division of Environmental Quality. 2.48 Run-off is not to create a mosquito breeding problem. 2.49 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.50 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 2.51 A complete engineering report for Phase II of this subdivision is required. 3. That the City Attorney draft an Order Granting Conditional Use Permit in FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 16 of 19 USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED REALTY CORP. C/O DAKOTA COMPANY INC. / CUP -00-004 accordance with this Decision, which shall be signed by the Mayor and City Cleric and then a conformed copy shall be served by the Cleric upon the applicant, the Planning and Zoning Department, Public Works Department and City Attorney and any affected party requested notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 17 of 19 USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED REALTY CORP. C/O DAKOTA COMPANY INC. / CUP -00-004 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 �` day of �' ..2 , 2000. ROLL CALL COUNCILMAN ANDERSON COUNCILMAN BIRD COUNCILMAN deWEERD COUNCILMAN McCANDLESS VOTED VOTED (L - VOTED .d�1�Gvc/'' VOTED*11�7� FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page IS of 19 USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED REALTY CORP. C/O DAI(OTA COMPANY INC. / CUP -00-004 MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: a ' CC) MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By. 1ty Cleric - msg1Z:\Work\M\Meridian 15360M\Dakota Plat\CUPFfCIsOrdDec Dated: 9' FINDINGS OF FACT AND CONCLUSIONS OF LAW — Page 19 of 19 USE PERMIT SUBJECT TO CONDITIONS / DEVELOPERS DIVERSIFIED REALTY CORP. C/O DAKOTA COMPANY INC. / CUP -00-004 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) DEVELOPERS DIVERSIFIED REALTY CORP. ) C/O DAKOTA COMPANY, INC., FOR A ) CONDITIONAL USE PERMIT FOR ) COMMERCIAL EXPANSION OF THE ) MERIDIAN CROSSROADS SHOPPING ) CENTER (WALMART), LOCATED AT THE ) SOUTHEAST CORNER OF RECORDS DRIVE ) AND FAIRVIEW AVENUE, MERIDIAN, ) REcElvED MAR - 9 2000 CITY OF NEE H17�-T�-,-' 02-29-00 CASE NO. CUP -00-004 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 7" day of March, 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 of the property is granted a conditional use permit for the proposed application request of a conditional use permit for the construction, development, maintenance and use for the expansion of Meridian Crossroads Shopping Center, specifically a Walmart, as described in the SITE PLAN, Dated: 2/3/00, Issue Date: 10/29/99, Project No. 981074, C-10, BY: PACIFIC LAND DESIGN, for the development of the aforementioned expansion of Meridian Crossroads Shopping Center, specifically a Walmart and which property is described as: Southeast corner of Records Drive and Fairview Avenue, approximately 24 +/- acres, Meridian, Idaho. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 9 DEVELOPERS DIVERSIFIED REALTY CORP C/O DAKOTA COMPANY, INC. / CUP -00-004 10_�\ 2. That the above named applicant is granted a conditional use permit for the expansion of Meridian Crossroads Shopping Center, specifically a Walmart, located at southeast corner of Records Drive and Fairview Avenue, Meridian, Idaho, subject to the following conditions of use and development: 2.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 2.3 Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance Section 11-13-4 and/or as detailed in site- specific requirements, and in accordance with Americans with Disabilities Act (ADA) requirements. All site drainage shall be contained and disposed of on- site. 2.4 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11- 13-4.C. 2.5 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 2.6 Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 2.7 Provide minimum five -foot -wide pedestrian walkways along all roadways and throughout the development in accordance with City Ordinance Section 12-5- 2-K. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 9 DEVELOPERS DIVERSIFIED REALTY CORP C/O DAKOTA COMPANY, INC. / CUP -00-004 2.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.9 Applicant shall be responsible for construction of the sewer and water mains to and through this proposed development. Designer is to coordinate main sizing and routing with the Public Works Department. 2.10 Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 2.11 Applicant shall be required to enter into an Assessment Agreement for water and sewer with the City of Meridian. 2.12 This development requires that a minimum of ten percent of the gross land area be common open space. The applicant shall provide calculations to show that this requirement is being met. 2.13 Detailed plans of the internal parking lots, including islands and landscaping details shall be provided. All landscape islands must be at least 6 feet wide. 2.14 A minimum 20 -foot landscape setback beyond required right-of-way on Fairview Avenue shall be required as a condition of approval. 2.15 Detailed signage plans including design and location are required for approval. 2.16 Planting strips are required to be placed next to commercial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide. The applicant is proposing a buffer 31 feet wide with a six -foot - high masonry block wall. Drainage swales shall not be included in this landscape buffer, nor along Fairview Avenue. 2.17 As the commercial uses are not compatible with the adjacent cemetery use, minimum 20 -foot -wide planting strips need to be provided along the west side of the future Venture Street. Although significant landscaping is shown on the northern portion of the parcel, this area is also shown as a "future retail pad ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 9 DEVELOPERS DIVERSIFIED REALTY CORP C/O DAKOTA COMPANY, INC. / CUP -00-004 and building". No building or use for the area is approved as part of this application. 2.18 Any drive-through facilities will be required to go through a separate conditional use permit process, and none are approved with this application. 2.19 Curbing shall be provided around all landscaped areas. 2.20 Five -foot -wide sidewalks must be provided along Fairview Avenue. Provision also needs to be made for pedestrian sidewalks within the development and particularly through the parking areas. 2.21 Provisions for bicycle racks need to be made in the development. 2.22 Trash enclosures must be coordinated with Sanitary Services Inc. and screened on at least three sides. Applicant shall provide a letter of approval with submittal for Certificate of Zoning Compliance. 2.23 No handicapped parking spaces are shown around retail building #2 (30,000 s.f.). Each building must meet parking requirements for standard and handicapped parking. 2.24 Applicant shall provide updated, corrected parking data as requested by Planning and Zoning including required landscaping plans. 2.25 Applicant is responsible for making sure that none of the proposed landscaping is located over an easement that would preclude the landscaping. 2.26 Loading facilities near residential areas have been a continual source of noise complaints. The existing Conditional Use Permit requirements related to noise abatement adequately address these concerns. 2.27 Acceleration/deceleration lanes need to be provided on Eagle Road and Fairview as part of this development per the Ada County Highway District Conditions of Approval. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 9 DEVELOPERS DIVERSIFIED REALTY CORP CIO DAKOTA COMPANY, INC. I CUP -00-004 Adopt the Recommendations of the Ada County Highway District as follows, or as subsequently revised and approved by the Ada County Highway District Commissioners: 2.28 Applicant shall dedicate sufficient additional right -of -Way to total 60 -feet from section line of Fairview Avenue abutting the entire site. The right-of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 2.29 Applicant shall construct a 5 -foot wide concrete sidewalk on Fairview Avenue abutting the site 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. 2.30 Applicant shall construct three curb return driveways with 25 -foot curb radii on Fairview Avenue. The driveways shall be located and constructed as follows: • Locate the western driveway 220 -feet east of Records Drive. Construct the driveway 24 to 30 -feet wide and provide a minimum storage length of 50 -feet for the in -bound and out -bound approach. • Locate the middle driveway 600 -feet east of Records Drive. Construct the driveway 60 -feet wide with two in -bound lanes, an island, and two out -bound lanes. Provide a minimum storage length of 75 -feet for the outbound lanes and 100 -feet for the inbound lanes. • Locate the eastern driveway 220 -feet west of the proposed Venture Street. Construct the driveway 30 -feet wide and provide a minimum storage length of 50 -feet for the inbound and out -bound approach. Applicant shall install 30' by 30" high intensity STOP signs at all three driveway's intersections with Fairview Avenue. Applicant shall coordinate the design, storage length and location of the driveways with District staff. 2.31 Applicant shall construct a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet east of the stop bar at the Fairview Avenue/Records Drive intersection to a point 50 -feet east of the eastern edge of western driveway. Coordinate the design and location of the median with ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 9 DEVELOPERS DIVERSIFIED REALTY CORP C/O DAKOTA COMPANY, INC. / CUP -00-004 District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. 2.32 Applicant shall construct a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet west of the stop bar at the Fairview Avenue/Venture Street intersection to a point 50 -feet west of the western edge of the driveway. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. 2.33 Applicant shall construct three curb return driveways with 15 -foot curb radii on Records Drive. Locate and construct the driveways as follows: • Locate the northern driveway 175 -feet south of Fairview Avenue, and construct as a 24 to 30 -feet wide curb return driveway with 15 -foot curb radii. • Locate the middle driveway 400 -feet south of Fairview Avenue, and construct as a 30 to 36 -feet wide curb return driveway with 15 -foot curb radii. • Locate the southern driveway 40 -feet north of the south property line, and construct as a 30 to 36 -feet wide curb return driveway with 15 -foot curb radii. The minimum storage length shall be 50 -feet. Install 30" by 30" high intensity STOP signs at the driveway's intersections with Records Drive. 2.34 Applicant shall construct Venture Street along the eastern property line according to Ada County Highway District standards and requirements. Venture Street shall be located off Fairview Avenue to align with the existing Venture Street on the north side of Fairview Avenue. The location of the Venture Street/Fairview Avenue intersection shall be coordinated with District staff. 2.35 Applicant shall locate any proposed driveway on Venture Street a minimum of 175 -feet south of Fairview Avenue. Construct the driveway as a 24 to 30 -foot ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 6 OF 9 DEVELOPERS DIVERSIFIED REALTY CORP C/O DAKOTA COMPANY, INC. / CUP -00-004 wide curb return driveway with 15 -foot curb radii. Coordinate the location and design of the driveway with District staff. 2.36 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 2,460 -feet). The applicant will not be compensated for this construction. 2.37 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. 2.38 The applicant shall 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. 2.39 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. 2.40 Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. Adopt the Recommendations of the Meridian Fire Department as follows: 2.41 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 2.42 All testing of alarm system and sprinkler systems will be approved by the Meridian Fire Department before building occupancy. Adopt the Recommendations of the Nampa SL Meridian Irrigation District as follows: 2.43 Requires all laterals and wasteways be protected. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 7 OF 9 DEVELOPERS DIVERSIFIED REALTY CORP C/O DAKOTA COMPANY, INC. / CUP -00-004 r 2.44 All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 2.45 The Developer must contact the Nampa & Meridian Irrigation District for approval before any encroachment or change of right-of-way occurs. Developer must comply with Idaho Code § 31-3805. 2.46 A Land Use change/Site Development application shall be filed with the Irrigation District prior to final platting. Adopt the Recommendations of the Central District Health Department as follows: 2.47 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2.48 Run-off is not to create a mosquito breeding problem. 2.49 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.50 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 2.51 A complete engineering report for Phase II of this subdivision is required. 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. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 8 OF 9 DEVELOPERS DIVERSIFIED REALTY CORP C/O DAKOTA COMPANY, INC. / CUP -00-004 By action of the City Council at its regular meeting held on the day of , 2000. 67 1 - �'. r . oA 2� t D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: ty Clerk417 Dated: msg/Z:\Work\M\Meridian 15360M\Dakota Plat\CUPOrder ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 9 OF 9 DEVELOPERS DIVERSIFIED REALTY CORP C/O DAKOTA COMPANY, INC. / CUP -00-004 A C0U.4TY RLEX 1�ER rrA%1'10 NAVARR0 2! V,R 3 0 F; R j REC094E0-REOUEST0 FE0EPU1 100023731 AMERII) '4 GITY CITY OF MERIDIAN FILE COPS( ORDINANCE NO. O 'Z AN ORDINANCE FINDING THAT THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM I -L (LIGHT INDUSTRIAL) ZONING DISTRICT TO C -C (COMMUNITY BUSINESS DISTRICT) AS DEFINED UNDER §11-2-408B(9) OF THE MUNICIPAL CODE OF THE CITY OF MERIDIAN, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: 1. The owner of the following described property has made a written request for a re -zone of the zoning classification for the subject Real Property herein described from I -L (Light Industrial) District to C -C (Community Business District as defined under § 11-2-408B(9) of the Municipal Code of the City of Meridian; and 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone; and 3. The real property which is the subject of this ordinance is legally described as: A parcel of land located in the NE 1/4 of the NW 1/4 of Section 9, T. 3N., R. 1E., B.M., Ada County, Idaho, more particularly described as DEVELOPERS DIVERSIFIED REALTY CORP/DAKOTA COMPANY (C -C) RE -ZONE ORDINANCE - 1 uvoopcs D 1 V. (VVQ&h ftr4-) follows: Commencing at the corner common to Sections 4, 5, 8 and the said Section 9, thence South 89'22'10" East, 2659.63 feet to the 1/4 corner common to said Sections 4 and 9; thence South 0°48' 14" West, 49.74 feet to a point on the southerly right -of -wap of Fairview Avenue, said point being the Real Point of Beginning. Thence continuing along the north -south mid-section line South 0'48'14" West, 831.11 feet to a point; Thence North 89°35'32" West, 596.18 feet to a point; Thence North 0025'00" East, 831.11 feet to a point on the southerly right-of-way of Fairview Avenue; Thence along said right-of-way South 89035'24" East, 601.79 feet to the Real Point of Beginning. Containing 11.42 acres (497,816 square feet), more or less. SECTION 2. That the above-described Property be, and the same is hereby re -zoned and designed (C -C) Community Business District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: The zoning designation set forth in Section 2 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the 21 sy day of DEVELOPERS DIVERSIFIED REALTY CORP/DAKOTA COMPANY (C -C) RE -ZONE ORDINANCE - 2 SECTION S. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2_t3% day of %°t a.�c c� , 499gZ000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Z( sP day of 49""_000. ATTEST: City Clerk STATE OF IDAHO,) . ss. `�J%jjIIII trtfit iiii pF (VIER�?.�'''%tel; G \�GQp1POl�gT�O SEAL .,9Q. T 1SI �. County of Ada. ) �,--- Za�o � On thi;hcr day of WVV&t-�. , 1-999, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and DEVELOPERS DIVERSIFIED REALTY CORP/DAKOTA COMPANY (C -C) RE -ZONE ORDINANCE - 3 __ ay F '5W.- r `�J%jjIIII trtfit iiii pF (VIER�?.�'''%tel; G \�GQp1POl�gT�O SEAL .,9Q. T 1SI �. County of Ada. ) �,--- Za�o � On thi;hcr day of WVV&t-�. , 1-999, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and DEVELOPERS DIVERSIFIED REALTY CORP/DAKOTA COMPANY (C -C) RE -ZONE ORDINANCE - 3 acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) MSG\Z:\Work\M v NOT PUBLIC FOR DAHO RESIDING AT: (VI&L4 '- MY COMMISSION EXPIRES: Diversified \ RZOrdinance DEVELOPERS DIVERSIFIED REALTY CORP/DAKOTA COMPANY (C -C) RE -ZONE ORDINANCE - 4 ..,Q,y.t14N.nn ---- ---- -- ----------------- --------------- - - - - - ------------ A•T.T4 - _ oew�2 w, m TERRACE a � CAW : I'• giro" 3 MEMORIAL ---------- _ --- ---- — —v GARDENS -----------------------8 T- N. aY 36'32"w. �KrS • - - MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless March 23, 2000 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN Tom Bauwens Dakota Company, Inc. 380 E. Parkcenter Blvd. Suite 100 Boise, ID 83706 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 887-1397 PLANNING AND ZONING DEPARTMENT (208) 884-5533 - Fax 888-6854 Re: Request for Conditional Use Permit File No. CUP 00-004 Findings of Fact, Conclusions of Law and Decision of Order Dear Mr. Bauwens: Enclosed is a signed copy of the approved Findings of Facts and Conclusions of Law and Decision and Order for the above -referenced application. I will forward the Development Agreement once it has been recorded. Please feel free to call if you should have any questions. Sincerely, 5ell Shelby U riza City Clerk's Office seu enc. bu MARCH 2, 2000 MERIDIAN CITY COUNCIL MEETING: MARCH 7,200 CUP 00-004 APPLICANT: DEVELOPERS DIVERSIFIED AGENDA ITEM NUMBER: %, REQUEST: FINDINGS CONCLUSIONS - CUP FOR COMMERCIAL EXPANSION OF THE MERIDIAN CROSSROADS SHOPPING 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: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: (1THPP- COMMENTS SEE ATTACHED LETTER FROM THE DAKOTA CO. SEE ATTACHED FINDINGS bee ahC-k e l 4 F0 k/-)- Materials presented at public meetings shall become property of the City of Meridian. r�c�cd up packer ovu 17,0,1 , d interoffice MEMORANDUM r'N P1BCE1V.C,;:: MAR - 1 2000 CITY OF XE,, RID To: William G. Berg, Jr. From: William F. Nichols i) Subject: DEVELOPERS DIVERSIFIED REALTY CORP. C/O DAKOTA COMPANY, INC. File No.: CUP -00-004 Date: February 29, 2000 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS, pursuant to action of the Council at their February 15, 2000, meeting. The Findings will be on the Council's agenda for their March 7, 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. msg/ZAWork\M\Meridian 15360M\Dakota Plat\ClkLtrCUPffds&Order DAKOTA C 0 M P A N Y, I N C. February 16, 2000 Ms. Shari Stiles Planning Director/Zoning Administrator City Of Meridian 200 East Carlton Suite 201 Meridian, Idaho 83642 RE: Meridian Crossroads Shopping Center - Phase H Expansion Conditional Use Permit - CUP -00-004 Condition Of Approval #1.34 - Clarification ACHD Conditions Of Approval - January 05, 2000 Dear Shari: ]RE"IvED FEB 17 2000 CITY OF MERIDIAN At the public hearing before the City Council on February 15, 2000 for the above referenced Conditional Use Permit, there was discussion on condition of approval #1.34 regarding the street section and right-of-way width for Venture Street. In the "Position Statement", I requested that the street section width be revised to 36' in a 50' wide ROW. This modification request was based on the Conditions Of Approval from ACHD which used these dimensions. Enclosed for your reference is a copy of the final Conditions Of Approval from ACHD for CUP -00-004, dated January 05, 2000. I have highlighted item #7 on page 8 which stipulates the requirements for Venture Street. As the City Council added that the conditions would be per ACHD Conditions Of Approval, I do not believe there is a problem. I just wanted to provide you with the logic for the modification request to condition #1.34. Thank you for all your help and cooperation. Call if you have any questions. Sincerel Tom Bauwens Dakota Company, Inc. For Developers Diversified Realty Corp. enclosure cc: Mr. Will Berg - City Clerk w/enclosure Mr. Gary Smith - City Engineer w/enclosure Mr. William Gigray - City Attorney w/enclosure ■ PHONE (208) 343-5223 FAX (208) 343-4954 380 EAST PARKCENTER BLVD. SUITE 100 RnICC 1r)AWn R17nF Ada Counta.-Riahwa" aLJijtrici Judy Peavey -Derr, President 318 East 37th Street 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 January 10, 2000 TO: Developers Diversified Realty Tom Bauwens Dakota Company Inc 380 East Park Center Blvd, Suite 100 Boise, Idaho 83706 FROM: Steve Arnold, Principal Development Analyst Planning & Development SUBJECT: CUP00-004 Wal-Mart SE/C Records Drive and Fariveiw Avenue L The Commissioners of the Ada County Highway District on January 5, 2000 acted on your application for the above referenced project. The attached staff report lists conditions of approval and street improvements, which are required. If you have and questions, please feel free to contact me at (208) 387-6170. Cc: Planning & Development/chron/project file City of Meridian Construction Services — John Edney Drainage — Chuck Rinaldi 15;12 JAN 10, 2000 ID: ADA AUNTY HWY DIST TEL N0: 387-6391 ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report 9F j5G ( 7 rHbL • c, 11 MCUP00-004 Fairview Avenue/Records Drive Wahmart store The applicant is requesting conditional use approval to construct a 206,347 -square foot Walmart store and a 30,000 -square foot retail store. This application is a 76,618 -square foot expansion of the previously approved Meridian Crossroads Shopping Center. The 12.3 -acre site is located at the southeast corner of Records Drive and Fairview Avenue. The site is estimated to generate approximately 7,600 additional daily vehicle trips per day based on the submitted traffic study. The previous approval for this site was estimated to generate 4,800 additional daily vehicle trips. This expansion will increase traffic from the previous approval by 2,800 vehicle trips per day. On September 23, 1998, the Commission approved MCUP17-98, a request for conditional use approval for an 848,000 -square foot retail shopping center. That 74.74 -acre site is located on the southeast corner of Eagle Road and Fairview Avenue in Meridian. A portion of the project site, approximately eleven acres, was approved for development. That portion of the project site would have been expected to include approximately 160,000 -square feet of commercial space. The current application has proposed a 76,618 -square foot addition to what was previously approved for the portion of MCUP17-98 east of Records Drive. This portion of the original development was estimated to generate 4,800 -additional vehicle trips per day upon full occupancy based on the submitted traffic study for that site. The District has since required a supplemental traffic analysis and conceptual review of the entire site with the proposed addition. Roads impacted by this development: Eagle Road Fairview Avenue Records Drive ACRD Commission Date - January 5, 2000 - 7:00 p.m. H W. S1T - _.F. WILSON -IEi,III.L � Z ME r Bli - — _ SP_RN41ND4� _ {UJTI.RJIN E0 TFlLAk"N__ -. PRESIDENT ECECUrNF- 'eoPoSei� 1�NivQc -STCECI v — \ r Q Q O O F,4 C m p c L O W Ccj s y L aoro,3Y?— UQ QoU u SQ l�fiKC 5 �T O N O �_ _ � N o U_ O O N J N cc_ m — - n— ' I - I 1 1 � � o I P�s o 1 ' -� 4 ° ! 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General Information Owner - Developers Diversified Realty Corporation Applicant - Developers Diversified Realty Corporation (C/O the Dakota Company Inc.) C -C - Requested zoning 12.3 - Acres 236,347- Square feet of proposed buildings 145 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Eagle Road (State Hi way 55) Principal arterial Traffic count 27,564 on 10/97, peak hour count on 9/8/98 = 2801 vph s/o Fairview Avenue 0 -feet of frontage Comply with ITD requirements Eagle Road is improved with 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 Traffic count 21,900 on 10/97, peak hour count on 9/8/98 = 2026 vph e/o Eagle Road 2460 -feet of frontage (current application only) 100 to 120 -feet existing right-of-way (50 to 60 -feet from section line) 120 -feet required right-of-way (60 -feet from section line) Fairview Avenue is improved with 68 -feet of pavement, five travel lanes, and no curb, gutter or sidewalk abutting the site. Records Drive Local/commercial street with no bike lane designation Traffic count not available 822 -feet of frontage 60 to 76 -feet existing right-of-way (30 to 38 -feet from centerline) No additional right-of-way required Records Drive has been constructed as a 65 -foot street section (with curb, gutter and 5 -foot wide concrete sidewalk) from Fairview Avenue to a point 300 -feet south of Fairview Avenue. From a point 300 -feet south of Fairview Avenue to the Crossroads Subdivision, Records Driveway has been constructed as a 41 -foot street section with curbs, gutters, and sidewalks. There is a median in Records Drive that restricts an existing driveway on the west side of Records Drive, and will restrict a proposed driveway on the east side of Records Drive to right-in/right-out. MCUP0004. CMM Page 2 15'13 JAN 10, 2000 ID: ADA COUNTY HWY DIST TEL NO: 387-6391 #352fy rHbt• 4/11 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 traffic volumes have increased at an annual average of 16% over the last seven years. Traffic has increased at an annual average of 20% over the last four years. The COMPASS (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 COMPASS forecast is likely low, based on observed development rates and counts. D. District staff requested an extensive traffic impact study summary for MCUP98-17, which included this site because: the proposed development exceeded the District's trip generation threshold for commercial developments, concern about the impact of the development on traffic accessibility to Eagle Road and Fairview Avenue, and concern about the operation of the Eagle/Fairview intersection. E. A supplemental traffic analysis has been submitted for the expansion of the previous conditional use application and the key findings of the supplemental study are as follows: 1. The proposed project is estimated to generate 7,600 additional daily vehicle trips. 2. The previous approval for this site was estimated to generate 4,800 additional daily vehicle trips. 3. The proposed expansion will increase traffic from the previous approval by 2,800 vehicle trips per day. 4. The proposed project is estimated to generate 725 total peak hour vehicle trips, adding approximately 480 peak hour vehicle trips to the external trip network because of pass by trips already on the adjacent roadways. 5. The anticipated peak hour vehicle trips are the result of a trip rate of 3.021 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) for shopping centers. 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. 6. The analysis recognized that the Records Drive/Fairview Avenue intersection was signal controlled. 7. The District anticipates that the Fairview Avenue/Venture Street intersection may be signalized in the future. The applicant should be required to locate any proposed driveway on Venture Street a minimum of 175 -feet south of Fairview Avenue. 8. In addition to Records Drive, there are three other proposed driveways on Fairview Avenue. The new driveways all meet District policy. However, only the middle driveway meets current District policy for full -access operation. Current District policy allows a maximum of three access points for one frontage. 9. Fairview Avenue is a principal arterial. As such, Level of Service (LOS) E is an acceptable condition for the intersections on this roadway. 10. Fairview Avenue is a five lane facility with a center turn lane abutting the project site. 11. The Eagle Road/Fairview Avenue intersection currently operates at LOS D. MCUP0004. CMM Page 3 15;14 JAN 10, 2000 ID: ADA COUNTY HWY DIST TEL N0. Jb(-bdyl ��<<� h�L• .f 12. The Eagle Road/Fairview Avenue intersection is anticipated to operate at LOS E with the "existing plus project" traffic volumes and the geometric improvements required of the applicant under MCUP98-0017. The previous requirement included provisions for dual left turn lanes and free right turn lanes on all approaches of the intersection. The requirements do not have to be completed until the project site reaches a total floor area of 450,000 -square feet. With the current proposal and the previously approved projects, the site does not yet reach the 450,000 -square feet level. 13. The Fairview Avenue/Records Drive intersection will operate at LOS D with the "existing plus project" traffic volumes and the existing lane geometry. 14. The remaining, unsignalized, full access site driveways will operate similar to right-in/right- out facilities during peak hour conditions. The through traffic volumes on Fairview Avenue are so high that there will be few opportunities for left -turns at any of the non -signalized intersections. The demand for left turns at the unsignalized intersections far exceeds the available capacity. These intersections only function acceptably because the excess traffic can be diverted to a signalized intersection at Records Drive. This condition is caused by a combination of high traffic volumes on the arterial streets and at the site driveways. F. The original traffic analyses identified the following public street improvements needed to accommodate the additional traffic created by this project and the normal growth of background traffic: 1. Construct dual left turn lanes on the Fairview Avenue legs of the Eagle/Fairview intersection prior to the phase of construction that exceed 450,000 -square feet of development for MCUP98-17 or the subject application. 2. 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. 3. Dedicate additional right-of-way on Fairview Avenue for a westbound left turn lane at the Fairview Avenue/Records Drive intersection. 4. Construct an eastbound lane on Fairview Avenue from the Records Drive 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. The developer should be required to integrate adequate drainage swales alongside Fairview Avenue into the landscaping scheme for the development. Coordinate the design of the drainage swale and sidewalk with District staff. 5. Construct a five-foot sidewalk on Fairview Avenue abutting the site. 6. Construct the needed improvements to create dual left -turn lanes on Eagle Road at the Eagle/Fairview intersection when the site development reaches 450,000 GSF. G. The standard impact fee for the retail center is $2,298 per 1,000 sq ft of building area. The original 850,000 sq ft retail complex would normally be expected to pay a Road Impact Fee of approximately $2 million. The applicant has submitted an individual assessment for the project site. The assessment identified the site's location adjacent to a State Highway and reported an impact fee of $1,744 per 1,000 sq fl of building area. The original 850,000 sq ft retail complex would normally be expected to pay a Road Impact Fee of approximately $1.5 million. The District accepted the individual assessment, thereby reducing District Impact Fee Revenue by almost $500,000. MCUP0004. CMM Page 4 15:14 JAN 10, 2000 ID: ADA) --AUNTY HWY DIST TEL N0: 387-6391 101W #35279 PALL: b/11 The current application includes 236,347 -square feet of retail buildings. Under the current impact fee structure, the applicant would be expected to pay a Road Impact Fee of approximately $543,125. Using the cost figures from the previous assessment, the impact fees would be expected to total $412,190 thereby reducing District Impact Fee Revenue by $130,935. H. Fairview Avenue is an ACHD functionally classified roadway and, as such, would be eligible for the use of impact fee revenue to increase the capacity, if such improvement is included in the Capital Improvements Plan (CIP) and the Five Year Work Program (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 improvements at the appropriate time, partially funded from impact fee revenue. The large volume that will be generated by the proposed development accelerates the need for those improvements. Staff has evaluated the relative benefits that will be realized by theeg neral traveling public from the various recommended improvements and suggests that they be considered in two categories, system improvements and site related improvements as follows: System Improvements are capital improvements other than a site -related improvement which is a public facility and is designed to provide service to the community at large. The costs of these improvements would be offset from the Road Impact Fees for the project: a. Construct dual left turn lanes on the Fairview Avenue legs of the Eagle Road/Fairview Avenue intersection. b. Dedicate additional right-of-way on Fairview Avenue for a westbound left turn lane at the Fairview Avenue/Records Drive intersection. C. 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. 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 an eastbound lane on Fairview from the Records Street 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 and gutters along the frontage of this site and use roadside swales to control runoff from Fairview Avenue. The developer should be required to integrate adequate drainage swales alongside Eagle Road and Fairview Avenue into the landscaping scheme for the development. Coordinate the design of the drainage swale and sidewalk with District staff. b. Construct the needed improvements to create dual left -turn lanes on Eagle Road at the Eagle/Fairview intersection when the site development reaches 450,000 GSF. C. Construct a five-foot sidewalk on Fairview Avenue abutting the site. I. The applicant is proposing to construct three curb return driveways with 25 -foot curb radii on Fairview Avenue. The driveways are proposed to be constructed and located as follows: ♦ The western driveway, located 220 -feet east of Records Drive, and constructed 24 to 30 -feet wide. Based on the submitted traffic study the applicant should be required to provide a minimum of 50 -feet of storage for the inbound and outbound travel lanes. Current District policy requires this driveway to be restricted to right-in/right-out operations. MCUP0004. CMM Page 5 15:.15 JAN 10, 2000 ID: ADA COUNTY HWY DIST TEL NO: 387-6391 r �5�ry rH�t rill ♦ The middle driveway, located 600 -feet east of Records Drive, and constructed 60 -feet wide with two in -bound lanes, an island, and two out -bound lanes. Based on the submitted traffic study the applicant should be required to provide a minimum of 100 -feet of storage for the inbound travel lane and 75 -feet of storage for the outbound travel lane. Current District policy allows this driveway to operate as a full access driveway. ♦ The eastern driveway, located 220 -feet west of the proposed Venture Street and constructed 24 to 30 -feet wide. Based on the submitted traffic study the applicant should be required to provide a minimum of 50 -feet of storage for the inbound and outbound travel lanes. Current District policy requires this driveway to be restricted to right-in/right-out operations. In accordance with District policy, the applicant may construct a maximum of three driveways on Fairview Avenue a minimum of 440 -feet for a full access driveway and 220 -feet for a right-in/right- out driveway from any public street intersection and 220 -feet from all existing or proposed driveways. The proposed locations and designs of the driveways meet District policy. The applicant should also be required to install a 30" by 30" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Coordinate the design, storage length and location of the driveways with District staff. The applicant should be required to construct a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet east of the stop bar at the Fairview Avenue/Records Drive intersection to a point 50 -feet east of the eastern edge of the driveway located 220 -feet east of Records Drive. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. K. The applicant should be required to construct a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet west of the stop bar at the Fairview Avenue/Venture Street intersection to a point 50 -feet west of the western edge of the driveway located 220 -feet west of the proposed Venture Street. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. L. The applicant is proposing to construct three driveways on Records Drive. Those driveways are located as follows: ♦ The northern driveway, located 175 -feet south of Fairview Avenue, and constructed 24 to 30 -feet wide. ♦ The middle driveway, located 400 -feet south of Fairview Avenue, and constructed 30 to 36 - feet wide. ♦ The southern driveway, located 40 -feet north of the south property line, and constructed 30 to 36 -feet wide. In accordance with District Policy a maximum of three driveways should be approved on Records Drive. The driveways should be located a minimum of 175 -feet south of Fairview Avenue and aligned or offset 150 -feet from all existing or proposed driveways. The site's proposed driveways meet District policy. The driveways should be constructed as 24 to 36 -foot curb return driveway with 15 -foot curb radii. The minimum storage length should be 50 -feet. Install a 30" by 30" high intensity STOP sign at the driveway's intersection with Records Drive. MCUP0004. CMM Page 6 15.16 JAN 10, 2000 ID: ADA COUNTY HWY DIST TEL N0: 387-6391 #3527y HHbL; tell M. The applicant is proposing to construct a public road abutting the eastern property line. The roadway will align with Venture Street on the north side of Fairview Avenue. The following report will reference the roadway as Venture Street because it aligns with Venture Street on the north side of Fairview Avenue. The applicant is proposing to construct Venture Street as a 36 -foot street section with curbs, gutters, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. Current District policy requires that Venture Street, a commercial street, be constructed as a 40 -foot street section with curbs, gutters, and 5 -foot wide concrete sidewalks within 58 -feet of right-of-way. The road will primarily serve residential uses to the south. Staff recommends approval of the applicant's proposed residential street section. N. The applicant is not proposing to construct any driveways on Venture Street. A driveway could be located on Venture Street a minimum of 175 -feet south of Fairview Avenue. O. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. P. 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. The following requirements are provided as conditions for approval: Site Specific Requirements: Dedicate sufficient additional right-of-way to total 60 -feet from section line of Fairview Avenue abutting the entire site. The right-of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 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. 2. Construct a 5 -foot wide concrete sidewalk on Fairview Avenue abutting the site 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. 3. Construct three curb return driveways with 25 -foot curb radii on Fairview Avenue. The driveways shall be located and constructed as follows: ♦ Locate the western driveway 220 -feet east of Records Drive. Construct the driveway 24 to 30 -feet wide and provide a minimum storage length of 50 -feet for the in -bound and out- bound approach. ♦ Locate the middle driveway 600 -feet east of Records Drive. Construct the driveway 60 -feet wide with two in -bound lanes, an island, and two out -bound lanes. Provide a minimum storage length of 75 -feet for the outbound lanes and 100 -feet for the inbound lanes. ♦ Locate the eastern driveway 220 -feet west of the proposed Venture Street. Construct the driveway 30 -feet wide and provide a minimum storage length of 50 -feet for the in -bound and out -bound approach. MCUP0004. CMM Page 7 15;16 JAN 10, 2000 ID: ADA COUNTY HWY DIST TEL N0: 387-6391 #352(y rHL-t_; 'yi 11 Install 30" by 30" high intensity STOP signs at all three driveway's intersections with Fairview Avenue. Coordinate the design, storage length and location of the driveways with District staff. 4. Construct a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet east of the stop bar at the Fairview Avenue/Records Drive intersection to a point 50 -feet east of the eastern edge of western driveway. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. 5. Construct a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet west of the stop bar at the Fairview Avenue/Venture Street intersection to a point 50 -feet west of the western edge of the driveway. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. 6. Construct three curb return driveways with 15 -foot curb radii on Records Drive. Locate and construct the driveways as follows: ♦ Locat the northern driveway 175 -feet south of Fairview Avenue, and construct as a 24 to feet wide curb return driveway with 15 -foot curb radii. ♦ Locate the middle driveway 400 -feet south of Fairview Avenue, and construct as a 30 to 3 feet wide curb return driveway with 15 -foot curb radii. ♦ Locate the southern driveway 40 -feet north of the south property line, and construct as a 31 to 36 -feet wide curb return driveway with 15 -foot curb radii. The minimum storage length shall be 50 -feet. Install 30" by 30" high intensity STOP signs at the driveway's intersections with Records Drive. 7. Construct Venture Street along the eastern property line as a 36 -foot street section with curbs, idewalks within 50 -feet of right-of-way. Locate Venture Street off gutters, and 5 -foot wide concrete s Fairview Avenue to align with the existing Venture Street on the north side of Fairview Avenue. Coordinate the location of the Venture Street/Fairview Avenue intersection with District staff. 8. Locate any proposed driveway on Venture Street a minimum of 175 -feet south of Fairview Avenue. Construct the driveway as a 24 to 30 -foot wide curb return driveway with 15 -foot curb radii. Coordinate the location and design of the driveway with District staff. 9. 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 2,460 -feet). The applicant will not be compensated for this construction. 10. 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. 11. The applicant shall 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. The applicant will not be compensated for this construction. MCUP0004. CMM Page 8 15:17 JAN 10, 2000 ID: ADA COUNTY HWY DIST TEL N0 387-63y1 iF.�JG f 7 r Nbt • l vr� l 12. 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 from the road impact fee to be collected ecgted fo� the developmevements end. nt, e cost of this improvement will be offset 13. Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. 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 snecifically identi each requirement to be reconsidered and include a written exnlanation of why such a requirement would result in a substantial hardship or ine ui1. The written re nest shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two weeks of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of 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. 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. 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. MCUP0004. CMM Page 9 15,17 JAN 10, 2000 ID: ADA WUNTY HWY DIST TEL N0: 387-6391 #3527y NHI--E; 11,11 g. Any change by the applicant in the planned use of the property which is the subject of this or application, shall require the applicant to comply with all rules, regulations, ordinances, plans, other regulatory and legal restrictions in force at the time successors in interest the applicant or its 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. lease contact the Planning and Development Division Should you have any questions or comments, p at 387-6170. Submitted by: Planning and Development Staff Date of Commission Action: Janu 5 2000 MCUP0004. CMM Page 10 FEBRUARY 11, 2000 MERIDIAN CITY COUNCIL MEETING: FEBRUARY 15, 2000 APPLICANT: DEVELOPERS DIVERSIFIED REALTY CORP. AGENDA ITEM NUMBER: 14 REQUEST: CONDITIONAL USE PERMIT FOR COMMERCIAL EXPANSION OF THE MERIDIAN CROSSROADS SHOPPING CENTER (WALMART) 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: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS LETTERS FROM DON HUEY AND ORA HUEY SEE ATTACHED RECOMMENDATIONS OTHER: Materials presented at public meetings shall become property of the City of Meridian. (-fovv PjGt,t < �h-YIVA-w, - t4of 5wi djuunt"> E-MAIL: dms@wppmgxom To: Staff/Applicant/Affected Property Owner(s) FEB - 2 2000 Re: CUP -00-004 CITE' OF City Council Hearing Date: February 15, 2000 FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Please note that these Findings 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 ensure 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: 1. 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 2. That you carefully complete (be sure it is legible) 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 strongly recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Very truly ours, City Attorn*Office Enclosure ey/Z:\Work\M\Meridian 15360MVakota Plat\WalmartRecEnc.ltr WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. JuLHI KLEIN FISCHER ATTORNEYS AT LAW D. S F. GIGRAY, ffi D. ,. 200 EAST CARLTON AVENUE NAMPA OFFICE LmAm MoRox WILLIAM POST OFFICE BOX 1150 104 NINTH AvENUFSoum F. ICHOLS WILLIAM F. NS. MERIDIAN, IDAHO 83680-1150 POST OFFICE BOX 247 CHIUSTOPHIR S. NY NYE NAMPA, IDAHO 83653-0247 PHILIP A. PETERSON TEL(208) 288-2499 TEL. (208) 466-9272FAX STEPHEN L. PRuss FAX (208) 288-2501 (208) 4664405 ERIC S. ROSSMAN TODD A. ROSSMAN PLEASE REPLY TO DAVID M. SwARTLEY MERIDIAN OFFICE TERRENCER WHITE E-MAIL: dms@wppmgxom To: Staff/Applicant/Affected Property Owner(s) FEB - 2 2000 Re: CUP -00-004 CITE' OF City Council Hearing Date: February 15, 2000 FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Please note that these Findings 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 ensure 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: 1. 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 2. That you carefully complete (be sure it is legible) 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 strongly recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Very truly ours, City Attorn*Office Enclosure ey/Z:\Work\M\Meridian 15360MVakota Plat\WalmartRecEnc.ltr BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR EXPANSION OF THE MERIDIAN CROSSROADS SHOPPING CENTER (WALMART) DIVERSIFIED REALTY CORP. Applicant Case No. CUP -00.004 RECOMMENDATION TO CITY COUNCIL JZFCF'rv]��141) FEB - 2 2000 CITY OF MERMAN 1. The property is located at the southeast corner of Records Drive and Fairview Avenue, Meridian, Idaho. 2. The owners of record of the subject property are Hermes Associated Limited and Developers Diversified Realty Corp. of Beechwood, Ohio; Daniel G. Gibson Jr. and Carolyn A. Gibson of Caldwell, Idaho; Timothy T. Gibson of Boise, Idaho. 3. Applicant is Developers Diversified Realty Corp. of % Dakota Company Inc. of Boise, Idaho. 4. The subject property is currently zoned Community Business (C -C). The zoning district of C -C is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2I. RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT --EXPANSION OF MERIDIAN CROSSROADS SHOPPING CENTER -- DIVERSIFIED REALTY CORP. 5. The proposed application requests a conditional use permit for the expansion of Meridian Crossroads Shopping Center, specifically a Walmart. The C -C 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). 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. RECOMMENDATION 1. 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. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT --EXPANSION OF MERIDIAN CROSSROADS SHOPPING CENTER -- DIVERSIFIED REALTY CORP. "-%, 1-41 irrigation. 1.3 Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance Section 11-13-4 and/or as detailed in site-specific requirements, and in accordance with Americans with Disabilities Act (ADA) requirements. All site drainage shall be contained and disposed of on-site. 1.4 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. 1.5 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 1.6 Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 1.7 Provide minimum five -foot -wide pedestrian walkways along all roadways and throughout the development in accordance with City Ordinance Section 12-5-2-K, 1.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.9 Applicant shall be responsible for construction of the sewer and water mains to and through this proposed development. Designer is to coordinate main sizing and routing with the Public Works Department. 1.10 Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. I.1 I Applicant shall be required to enter into an Assessment Agreement for RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT --EXPANSION OF MERIDIAN CROSSROADS SHOPPING CENTER -- DIVERSIFIED REALTY CORP. water and sewer with the City of Meridian. 1.12 This development requires that a minimum of ten percent of the gross land area be common open space. The applicant shall provide calculations to show that this requirement is being met. 1.13 Detailed plans of the internal parking lots, including islands and landscaping details shall be provided. All landscape islands must be at least 6 feet wide. 1.14 A minimum 35 feet w a 20 -foot landscape setback beyond required right-of-way on Fairview Avenue shall be required as a condition of approval. 1.15 Detailed signage plans including design and location are required for approval. 1.16 Planting strips are required to be placed next to commercial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide. The applicant is proposing a buffer 31 to 41 feet wide with a six -foot -high masonry block wall. Drainage swales shall not be included in this landscape buffer, nor along Fairview Avenue. 1.17 As the commercial uses are not compatible with the adjacent cemetery use, minimum 10 -foot -wide planting strips need to be provided along the future roadway. Although significant landscaping is shown on the northern portion of the parcel, this area is also shown as a "future retail pad and building". No building or use for the area is approved as part of this application. 1.18 Any drive-through facilities will be required to go through a separate conditional use permit process, and none are approved with this application. 1.19 Curbing shall be provided around all landscaped areas. 1.20 Five -foot -wide sidewalks must be provided along Fairview Avenue. RECOMMENDATION TO CITY COUNCIL - 4 CONDITIONAL USE PERMIT --EXPANSION OF MERIDIAN CROSSROADS SHOPPING CENTER — DIVERSIFIED REALTY CORP. Provision also needs to be made for pedestrian sidewalks within the development and particularly through the parking areas. 1.21 Provisions for bicycle racks need to be made in the development. 1.22 Trash enclosures must be coordinated with Sanitary Services Inc. and screened on at least three sides. Applicant shall provide a letter of approval with submittal for Certificate of Zoning Compliance. 1.23 No handicapped parking spaces are shown around retail building #2 (30,000 s.f.). Each building must meet parking requirements for standard and handicapped parking. 1.24 Applicant shall provide updated, corrected parking data as requested by Planning and Zoning including required landscaping plans. 1.25 Applicant is responsible for making sure that none of the proposed landscaping is located over an easement that would preclude the landscaping. 1.26 Loading facilities near residential areas have been a continual source of noise complaints. The City should place restrictions on loading/ unloading times and the use of forklifts and other noisy equipment with strict enforcement and associated penalties for failure to comply. 1.27 Acceleration/deceleration lanes need to be provided on Eagle Road and Fairview as part of this development. Adopt the Recommendations of the Ada County Highway District as follows: 1.28 Applicant shall dedicate sufficient additional right-of-way to total 60 - feet from section line of Fairview Avenue abutting the entire site. The right-of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 1.29 Applicant shall construct a 5 -foot wide concrete sidewalk on Fairview Avenue abutting the site prior to issuance of any Certificate of RECOMMENDATION TO CITY COUNCIL - 5 CONDITIONAL USE PERMIT --EXPANSION OF MERIDIAN CROSSROADS SHOPPING CENTER -- DIVERSIFIED REALTY CORP. Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. 1.30 Applicant shall construct three curb return driveways with 25 -foot curb radii on Fairview Avenue. The driveways shall be located and constructed as follows: • Locate the western driveway 220 -feet east of Records Drive. Construct the driveway 24 to 30 -feet wide and provide a minimum storage length of 50 -feet for the in -bound and out- bound approach. • Locate the middle driveway 600 -feet east of Records Drive. Construct the driveway 60 -feet wide with two in -bound lanes, an island, and two out -bound lanes. Provide a minimum storage length of 75 -feet for the outbound lanes and 100 -feet for the inbound lanes. • Locate the eastern driveway 220 -feet west of the proposed Venture Street. Construct the driveway 30 -feet wide and provide a minimum storage length of 50 -feet for the inbound and out- bound approach. Applicant shall install 30' by 30" high intensity STOP signs at all three driveway's intersections with Fairview Avenue. Applicant shall coordinate the design, storage length and location of the driveways with District staff. 1.31 Applicant shall construct a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet east of the stop bar at the Fairview Avenue/Records Drive intersection to a point 50 -feet east of the eastern edge of western driveway. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. 1.32 Applicant shall construct a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet west of the stop bar at the RECOMMENDATION TO CITY COUNCIL - 6 CONDITIONAL USE PERMIT --EXPANSION OF MERIDIAN CROSSROADS SHOPPING CENTER --- DIVERSIFIED REALTY CORP. Fairview Avenue/Venture Street intersection to a point 50 -feet west of the western edge of the driveway. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. 1.33 Applicant shall construct three curb return driveways with 15 -foot curb radii on Records Drive. Locate and construct the driveways as follows: • Locate the northern driveway 175 -feet south of Fairview Avenue, and construct as a 24 to 30 -feet wide curb return driveway with 15 -foot curb radii. • Locate the middle driveway 400 -feet south of Fairview Avenue, and construct as a 30 to 36 -feet wide curb return driveway with 15 -foot curb radii. • Locate the southern driveway 40 -feet north of the south property line, and construct as a 30 to 36 -feet wide curb return driveway with 15 -foot curb radii. The minimum storage length shall be 50 -feet. Install 30" by 30" high intensity STOP signs at the driveway's intersections with Records Drive. 1.34 Applicant shall construct Venture Street along the eastern property line as a 40 -foot street section with curbs, gutters, and 5 -foot wide concrete sidewalks within 58 -feet of right -of- way. Venture Street shall be located off Fairview Avenue to align with the existing Venture Street on the north side of Fairview Avenue. The location of the Venture Street/Fairview Avenue intersection shall be coordinated with District staff. 1.35 Applicant shall locate any proposed driveway on Venture Street a minimum of 175 -feet south of Fairview Avenue. Construct the driveway as a 24 to 30 -foot wide curb return driveway with 15 -foot curb radii. Coordinate the location and design of the driveway with District staff. 1.36 Prior to opening of the development, construct pavement widening on Fairview Avenue to one half of an 89 -foot street section abutting the RECOMMENDATION TO CITY COUNCIL - 7 CONDITIONAL USE PERMIT --EXPANSION OF MERIDIAN CROSSROADS SHOPPING CENTER — DIVERSIFIED REALTY CORP. parcel (approximately 2,460 -feet). The applicant will not be compensated for this construction. 1.37 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. 1.38 The applicant shall 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. 1.39 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. 1.40 Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. Adopt the Recommendations of the Meridian Fire Department as follows: 1.41 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 1.42 All testing of alarm system and sprinkler systems will be approved by the Meridian Fire Department before building occupancy. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1.43 Requires all laterals and wasteways be protected. 1.44 All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 1.45 The Developer must contact the Nampa & Meridian Irrigation District RECOMMENDATION TO CITY COUNCIL - 8 CONDITIONAL USE PERMIT —EXPANSION OF MERIDIAN CROSSROADS SHOPPING CENTER — DIVERSIFIED REALTY CORP. for approval before any encroachment or change of right -o£ -way occurs. Developer must comply with Idaho Code § 31-3805. 1.46 A Land Use change/Site Development application shall be filed with the Irrigation District prior to final platting. Adopt the Recommendations of the Central District Health Department as follows: 1.47 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 1.48 Run-off is not to create a mosquito breeding problem. 1.49 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.50 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 1.51 A complete engineering report for Phase II of this subdivision is required. ey/Z:\Work\MWeridian 15360M\Dakota Plat\WahmrtCUPRec.wpd RECOMMENDATION TO CITY COUNCIL - 9 CONDITIONAL USE PERMIT —EXPANSION OF MERIDIAN CROSSROADS SHOPPING CENTER — DIVERSIFIED REALTY CORP. W RJUI C1`11VM Meridian City Council FEB - 7 2000 Meridian City Hall 33 E. Idaho Street CITY OF IN IiIWAN Meridian, ID 83642 We as concerned citizens of the Crossroads subdivision recently attended a hearing on the new addition to the crossroads shopping center. We are opposed to the manner in which the addition was approved and also to the addition itself. We speak only as one household but I assure there are many who share our concern. We attended the first meeting in which the shopping center was approved by the Planning and zoning. At that time the hall was filled with people who were against the shopping center as it is today. As they expressed their concern they were assured that this was to be light development. People in the county are lodging their protests and now city government is finally waking up to the adverse effect it is having on existing subdivisions and the quality of life. When you cast your vote for this new addition please bear in mind that this expansion might not effect you but that the next one might and you will feel as we do. Sincerely, Don & Ora Huey 1132 N. Caucus Road Meridian ID 83642 GEIV.j�'b F E B - 1 2000 Meridian P. & Z, CI'T'Y OF Mhw1XN Meridian City Hall 33 W. Idaho Meridian, ID 83642 1, along with many concerned people, from the Crossroads subdivision attended a public hearing on 1/12/00. It has always been my belief that as elected officials you are there to protect the rights of the people whose lives and quality of life might be affected. I left this meeting with an entirely different opinion. I was amazed at the lack of concern and respect that was shown to the President of the Crossroads subdivision. He was allowed to speak briefly only once and was not allowed a rebuttal. The developer was given all the time he wished and was able to return at anytime. Not only was he granted this time but also your commission granted all requests by the developer with about as much time as it takes to drive the full length of records drive. I would think that the Boise Town Square Mall would be a reminder as to what can happen in our community. Wal-Mart was turned down at several sites in Boise. People's opinions here in Meridian don't seem to get much consideration. As I finish this letter I want to say you should be ashamed of your actions toward our President and our concerns about the addition of Wal-Mart. If I was the owner of a small business I should thank you for helping run me out of business. Now I will be able to go to work for Wal-Mart for the minimum wage. Thanks. Sincerely, / Don Huey 1132 N. Caucus Way Meridian, ID 83642 CC: Ray Yehle, Pres. February 11, 20c,. l To: Meridian City Mayor, City Council �I 33 E. Idaho St. Meridian, ID 83642 From: Ray D. Yehle, president oBID Crossroads Neighborhood Ass'n., Inc. CM UN P.O. Box 409, Meridian, Id 83660 Dear Mayor and Council Members, The City of Meridian, City Clerk Office, received on Jan. 10, 1999, a letter regarding E. Florence Drive in our sub -division, and a Petition signed with approximately 180 homes represented, within this sub -division. The letter stated, "We also foresee a problem with shoppers who desire to go from the West side of. the Mall to the North and may use E. Presidential Dr. and E. Florence Dr. to access N. Records Drive." The same applies if the travel is re- versed. The 180 residents from Crossroads subdivision, who sign- ed the Petition, during the period of Jan. 7, to Jan. 15, 2000, "are opposed to any development outside of or adjacent to Cross- roads Sub -division that will include or require through traffic or public access that uses East Florence Drive or an extension of East Florence Drive to access the Meridian Crossroads Shopping Center or any development to the East of Crossroads Sub -division." If the City Council approves the application of Developers Diversified Realty Corporation(Dakota Company) for a conditional use permit for the expansion of Meridian Crossroads Shopping Cen- ter located at the southeast corner of Records Drive and Fairview Avenue, this will allow the new Venture Street on the East side of the expansion, to be developed and access to the property on the South, and the developer of this land, may be required to extend E. Florence Dr. from the Crossroads sub -division stub st. and eventually connecting with the new Venture street, that will be extended from the property on the North, with the approval of a conditional use permit, concerning the hearing on Feb. 15, 2000, and any hearings following pertaining to any of the above. We realize, we do not have any control over Ada County Highway Dis- trict, or City of Meridian Council decisions, concerning outside development, and we fully rely upon these agencies to make the right decisions, not to allow our Crossroads Sub -division to be- come impacted with noise, traffic, and pollution. We are very con- cerned for the residents, health, welfare, and safety. S' ce�,ely yours, a�,� D. 1Yehle CRNA, president copy: ACRD, Larry Sale CRNA, Board of Directors sent By: *; 2-457-i�76) Via Fax: 888-4218 February 15, 2000 Mr. Will Berg City Clerk City Of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 208 343 4954; DAKOTA COMPANY. INC. Feb -15-00 1:59PM; Page 1 1i�cEl�ED F E B 15 2000 CITY OF MERIDIAN post -it" Fax Note 7671 DaW2-//S'' To � dQ�°s''eeJJ►-- ll Fronf Q!tYiUWs Co./Dept. /.�I/?- Co. cif Phone N Phone # Fax # — yu Fax # RE: Meridian Crossroads Shopping Center - Phase It Expansion Conditional Use Permit #CUP -00-004 Position Statement To City Council - Findings & Recommendations Of Planning & Zoning Commission Tear Mr. Berg; Attached is a "Position Statement" regarding the Findings and Recommendations Of Planning and Zoning; Commission for Conditional Use Permit application number CUP -00-004 to be heard at a public hearing; before the Meridian City Council on February 15, 2000. We are asking; modification to condition of approval numbers 1. 16, 1.17, 1.27 and 1.34 and clarification statement for items #1.28 through 1.40. A copy of the "Position Statement" will be forwarded to the Planning & Zoning; Department, Public Works Department and the City Attorney. Thank you for your help and cooperation. Sincerel , Tom Bauwens Dakota Company, Inc. For Developers Diversified Realty Corp. CC' Ms. Shari Stiles - Planning; & Zoning w/attachment Mr. Gary Smith - Public Works w/attachment Mr. William Gigray - City Attorney w/attachment ■ P-ONt (208) 343.5223 FAX (208) 343.4454 IM FAST FARKCEINTER BLVD, 5UIIL 100 BOISEADAHO 83706 FEB 15 '00 13:58 208 343 4954 PAGE.01 sent 8y: *; 208 343 4954; Feb -15-00 1:59PM; Page 2/3 I�IYI�1 COMPANY INC. February 15, 2000 POSITION STATEMENT Case No. CUP -00-004 Name Of Applicant: Developers Diversified realty Corp. c/o Dakota Company, Inc. To: Meridian City Council From: Dakota Company, Inc. I have reviewed the Findings and Recommendations of the Planning and Zoning Commission with which I disagree as follows The following Findings and/or Recommendations should be deleted: None The following Findings and/or Recommendations should be modified: Item #1.16: Should read: Revise the sentence: "The applicant is proposing; a buffer 31 to 41 feet wide with a six -foot -high masonry block wall." Strike the reference to 41 feet wide and revise the sentence to read: "The applicant is proposing a buffer 31' wide buffer with a sig foot -high masonry block wall," Item 1.17: Should Read: Revise the first sentence to read: "As the commercial uses are not compatible with the adjacent cemetery use, minimum 10 -feet wide planting strip needs to be provided along the west side of the future Venture Street. Items #1.28 through 1.40: Should be Adopt the Recommendations of the Ada County Highway District as follows, or as subsequently revised and approved by the Ada County Highway District Commissioners. Item #1.27: Should read: Add the sentence: "Per the Ada County Highway District Conditions of Approval". ■ PI IONC (208) 34^) 62�J FAX ('2U8) 343-4961 380 EAST PARKCI N7P BLVD SUIIL 100 80ISr.IDAHO B3/06 FEB 15 '00 13:56 208 343 4954 PAGE.02 Sent By: *; 208 343 4954; Feb -15-00 1:59PM; Page 3/3 Meridian City Council February 15, 2000 page 2/2 Item #1.34: Should read: Revise the first sentence to read: "Applicant shall construct Venture Street along the eastern property line as a 36' wide street section with curbs, gutters, and 5 -foot wide sidewalks within a 50 -feet wide right-of-way. The following Findings and/or Recommendations should be added: None Dated this 1 S qday of % 2000 Sign Dakota Company, Inc. For: Developers Diversified Realty Corp. Copy served upon Applicant, Planning and Zoning Department, Public Works Department and City Attorney. Received in the record: By., William G. Berg Jr., City derV FEB 15 '00 13:59 20e 343 4954 PAGE.03 February 15, 20( 1 page of 3 From: Ray D. Yehle, president, CRNA To: Meridian City Council /I 1'1'g RECEIVED l Re: CUP 00-004 �— 1�--coQ FEB 15 200a City of Meridian Attn: City Council Members f -m /¢ City Clerk Office Please accept this letter as a Position Statement concern- ing 1.33, locating the southern driveway 40 -feet north of the south property line, and construct as a 30 to 36 -feet wide curb return driveway with 15 -foot curb radii. From the onset I have been against this truck service drive, adjacent to, only 40 -feet from our entrance to Crossroads sub- division on N. Records Dr. I cannot understand, how a project of this size, and with the terrific impact it will have upon the res- idential subdivision, would be allowed to use N. Records Dr. for both truck access, and automobile access, to the proposed WalMart store. The trucks will have to make a left hand turn against the traffic, exiting the Crossroads subdivision on N. Records Dr. The trucks can also use N. Records Dr. to deliver to the shopping center stores to the West as well, ShopKo being the larger store, as there are access drives, and including a main access drive adjacent, to Crossroads subdivision, and opposite the truck service drive to WalMart, across the street N. Records Dr. When I visited Larry Sale, Development Services Supervisor, Ada County Highway District, he told me, I was wrong, ACHD requires a roadway around our subdivision, for trucks accessing ShopKo and other shopping stores, and N. Records Dr. would not be used. He showed me a Site Plan that on it showed an access road from Eagle Rd., going straight East behind ShopKo, continuing East, crossing N. Records Dr., where the trucks would enter the truck service drive to WalMart, eliminating trucks and cars both using N. Records Dr. /'`4 pages of 3 When I look at the site plan West of the N. Records Drive, I see the access off Eagle Rd. going East, it makes a jog, as the road runs thru the parking lot, and between proposed buildings, then proceeds East, intersects another access road that runs along the West side of Crossroads subdivision. The trucks would then have to make a left turn, then a right turn behind ShopKo, and can travel on East and service other stores, and proceed to N. Records Dr., cross the street before our Crossroads subdivision entrance, and be able to enter the Truck Service drive to WalMart. If trucks do enter E. Presidential Dr. they will have to turn right into that future phase of the southwest part of the shopping center, or again we could face the problem of trucks turning left, around an island, against traffic exiting Crossroads subdivision. They could then travel the access roadway that is adjanent to, and outside our subdivision. Of course we object the trucks, and thru fare public traffic, using our subdivision, as shortcuts to other areas of the shopping center, or in the future to and development to the East of Crossroads subdivision. The Developer says trucks will not access off Eagle Rd. to the shopping center stores delivery areas, N. Records Dr. will be utilized. Ada County Highway District does not notify us, and meet with us as residents of the subdivision for our input, and as for what I have found out on my own, in order to represent the residents and Association members, the information I receive is not reliable, and misleading. I have tried to speak out at hearings, and at one time when it was appropriate, wanted to be allowed to come back to the podium, after other association members spoke on issues, and the Developer allowed to come back for final comments, was interrupted, more than once, that I had said enough. I recommend the City Council n ^ 3 Pages of 3 have a good look at all the accesses to the shopping center stores, the Crossroads Subdivision entrances, where commercial streets, are entering directly into the subdivision, on E. Presidential Dr., and N. Records Dr., where that outside access road adjacent to, and that is to run around the subdivision according to ACHD, for trucks and automobiles, both to service the stores, and for the public access to parking lots, so they will not use the Crossroads sub- division as a thridfare. A lot of the residents have not opposed the WalMart store in Meridian, but the location for its size and impact upon us, and for the future street congestion, and unsafe for both trucks and automobiles to use one major street, N. Records Drive for a major access, to shopping stores and the subdivision. Thank you for your considerations, before your approvals, that will have a real impact and lasting effect upon the Crossroads Subdivision. Ray D. Yehle CRNA, president Association representative copy: ACHD CRNA Board of Directors Wk Shelby U9k c► meddian.id.us From: kest►ngl� `18, 2000 10:51 AM Sent: Tuesday, January -mail) To: Shelby Ugarriza Subject: FW: Walmart CUP _----Original Message----- ci.meridian.jd uS matltQ Sidtiowal''56 meridian .id•us Froin: siddowas 18 2000 10:46 AM Sent: Tuesday, January To: Shari; `VvIll Berg' Cc: Linda Kesting'; Brad H -C Subject: Walmart CUP public at the last Walmart CUP hearing that there would basked e a The P8Z Commission told a poject with City Council. A citizen from Crossroadsstatngthab they had e second public hearing for P generally question. Keith Borup then asked me if there would be { I told hem that I didn't know; Pro] ects like this in the p They then told the citizens held second hearings on big P require one public hearing. projects in commercial districts only q present that there would be another public hearing. second public hearing, it will need to be noticed. This is different than standard So, if there is a reminder. operating procedure, so I thought I'd better send a heads up Steve prole ect, that a second hearing is a good is only P.S. 1 think given the size and potential impact of the P � ro ed is large and may have idea. However, I'm not sure if the ordinance have two if the pet j d to mean that the city require required to have one public hearing, but may or if the ordinance has been interpreted to mean that the city cannotq significant impacts; past? An executive decision needs to be made. there would be a second public were clearly told that two public hearings. Has it been done in the However, the citizens at the meeting hearing with City Council. AdaCottntv'J41LI- GUGLG` ijtriCt O 4 49R Cct 17th CtrPPt 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 January 11, 2000 TO: Developers Diversified Realty Tom Bauwens Dakota Company Inc 380 East Park Center Blvd, Suite 100 Boise, Idaho 83706 FROM: Steve Arnold, Principal Development Analyst Planning & Development �5r SUBJECT: MCUP00-004 WAL-MART SE/C RECORDS DRIVE and FAIRVIEW AVENUE FBCE1VT,`i7_'1 _I " ?000 CITY OF NERIDLAN The Commissioners of the Ada County Highway District on January 5, 2000 acted on your application for the above referenced project. The attached staff report lists conditions of approval and street improvements, which are required. If you have and questions, please feel free to contact me at (208) 387-6170. Cc: Planning & Develop men t/chron/project file City of Meridian Construction Services — John Edney Drainage — Chuck Rinaldi MCUP00-004 ?1-1\ 101� ADh COUNTY HIGHWAY DiSTRICT Planning and Development Division Development Application Report Fairview Avenue/Records Drive Walmart store The applicant is requesting conditional use approval to constrict a 206,347 -square foot Walmart store and a 30,000 -square foot retail store. This application is a 76,618 -square foot expansion of the previously approved Meridian Crossroads Shopping Center. The 12.3 -acre site is located at the southeast corner of Records Drive and Fairview Avenue. The site is estimated to generate approximately 7,600 additional daily vehicle trips per day based on the submitted traffic study. The previous approval for this site was estimated to generate 4,800 additional daily vehicle trips. This expansion will increase traffic from the previous approval by 2,800 vehicle trips per day. On September 23, 1998, the Commission approved MCUP17-98, a request for conditional use approval for an 848,000 -square foot retail shopping center. That 74.74 -acre siteis located on the southeast comer of Eagle Road and Fairview Avenue in Meridian. A portion of the project site, approximately eleven acres, was approved for development. That portion of the project site would have been expected to include approximately 160,000 -square feet of commercial space. The current application has proposed a 76,618 -square foot addition to what was previously approved for the portion of MCUP 17-98 east of Records Drive. This portion of the original development was estimated to generate 4,800 -additional vehicle trips per day upon full occupancy based on the submitted traffic study for that site. The District has since required a supplemental traffic analysis and conceptual review of the entire site with the proposed addition. Roads impacted by this development: Eagle Road Fairview Avenue Records Drive ACHD Commission Date - January 5, 2000 - 7:00 p.m. '- .. .._. ._ G •..A} ..W LIEGRANGER --..... ..'• .. MEAPOWGRASS ........... W _ ..._. -- pg W ......,.. CLOVER.MEAQOWS'.,_, O _ ._ ..... E ......... ...... e SITE ..... ._:.... .. u::... _ FAIRVIEW. _....__...._ ._WILSON JEWELL H SUNNYDALE S b _.. PINE.., __ _ _. DRIFTWOOD ... __ PRESIDENT .. ..:_._ __.COMMERCIAL.._._ -- '� 0 EXECUTIVE '- G O LANARK.. _. ......, .. FRANKLIN SPRINGW000____ ... AUTUMN....- :.. .. ... - ........ Facts and Findings: General Information Owner- Developers Diversified Realty Corporation Applicant - Developers Diversified Realty Corporation (C/O the Dakota Company Inc.) C -C - Requested zoning 12.3 - Acres 236,347 - Square feet of proposed buildings 145 - Traffic Analysis Zone JAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Ea 1e Road (State Hivhwav 55) Principal arterial Traffic count 27,564 on 10/97, peak hour count on 9/8/98 = 2801 vph s/o Fairview Avenue 0 -feet of frontage Comply with ITD requirements Eagle Road is improved with 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 Traffic count 21,900 on 10/97, peak hour count on 9/8/98 = 2026 vph e/o Eagle Road 2460 -feet of frontage (current application only) 100 to 120 -feet existing right-of-way (50 to 60 -feet from section line) 120 -feet required right-of-way (60 -feet from section line) Fairview Avenue is improved with 68 -feet of pavement, five travel lanes, and no curb, gutter or sidewalk abutting the site. Records Drive Local/commercial street with no bike lane designation Traffic count not available 822 -feet of frontage 60 to 76 -feet existing right-of-way (30 to 38 -feet from centerline) No additional right-of-way required Records Drive has been constructed as a 65 -foot street section (with curb, gutter and 5 -foot wide concrete sidewalk) from Fairview Avenue to a point 300 -feet south of Fairview Avenue. From a point 300 -feet south of Fairview Avenue to the Crossroads Subdivision, Records Driveway has been constructed as a 41 -foot street section with curbs, gutters, and sidewalks. There is a median in Records Drive that restricts an existing driveway on the west side of N1CUP0004.CM,VI Page 2 Records Drive, and will restrict a proposed driveway on the east side of Records Drive to right- in/right-out. 2. utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Constriction Services at 387-6280 (with file numbers) for details. Eagle Road traffic volumes have increased at an annual average of 16% over the last seven years. Traffic has increased at an annual average of 20% over the last four years. The COMPASS (APA) model assumes a 41,/o annual growth rate until the Year 2015. While it is unlikely that the 20% growth rate will be maintained, the COMPASS forecast is likely low, based on observed development rates and counts. 4. District staff requested an extensive traffic impact study summary for MCUP98-17, which included this site because: 1. the proposed development exceeded the District's trip generation 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. A supplemental traffic analysis has been submitted for the expansion of the previous conditional use application and the key findings of the supplemental study are as follows: 1. The proposed project is estimated to generate 7,600 additional daily vehicle trips. 2. The previous approval for this site was estimated to generate 4,800 additional daily vehicle trips. J. The proposed expansion will increase traffic from the previous approval by 2,800 vehicle trips per day. 4. The proposed project is estimated to generate 725 total peak hour vehicle trips, adding approximately 480 peak hour vehicle trips to the external trip network because of pass by trips already on the adjacent roadways. 5. The anticipated peak hour vehicle trips are the result of a trip rate of 3.021 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) for shopping centers. 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. 6. The analysis recognized that the Records Drive/Fairview Avenue intersection was signal controlled. 7. The District anticipates that the Fairview Avenue/Venture Street intersection may be signalized in the future. The applicant should be required to locate any proposed driveway on Venture Street a minimum of 175 -feet south of Fairview Avenue. S. In addition to Records Drive, there are three other proposed driveways on Fairview Avenue. The new driveways all meet District policy. However, only the middle N(CUP0004.C:1v[N1 Pa -e 3 driveway meets current District policy for full -access operation. Current District policv allows a maximum of three access points for one frontage. 9. Fairview Avenue is a principal arterial. As such, Level of Service (LOS) E is an acceptable condition for the intersections on this roadway. 10. Fairview Avenue is a five lane facility with a center turn lane abutting the project site. 11. The Eagle Road/Fairview Avenue intersection currently operates at LOS D. 12. The Eagle Road/Fairview Avenue intersection is anticipated to operate at LOS E with the "existing plus project" traffic volumes and the geometric improvements required of the applicant under ;VICUP98-0017. The previous requirement included provisions for dual left turn lanes and free right turn lanes on all approaches of the intersection. The requirements do not have to be completed until the project site reaches a total floor area of 450,000 -square feet. With the current proposal and the previously approved projects, the site does not yet reach the 450,000 -square feet level. 13. The Fairview Avenue/Records Drive intersection will operate at LOS D with the "existing plus project" traffic volumes and the existing lane geometry. 14. The remaining, unsignalized, frill access site driveways will operate similar to right- in/right-out facilities during peak hour conditions. The through traffic volumes on Fairview Avenue are so high that there will be few opportunities for left -turns at any of the non -signalized intersections. The demand for left turns at the unsignalized intersections far exceeds the available capacity. These intersections only function acceptably because the excess traffic can be diverted to a signalized intersection at Records Drive. This condition is caused by a combination of high traffic volumes on the arterial streets and at the site driveways. 6. The original traffic analyses identified the following public street improvements needed to accommodate the additional traffic created by this project and the normal growth of background traffic: 1. Construct dual left turn lanes on the Fairview Avenue legs of the Eagle/Fairview intersection prior to the phase of construction that exceed 450,000 -square feet of development for MCUP98-17 or the subject application. 2. 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. 3. Dedicate additional right-of-way on Fairview Avenue for a westbound left turn lane at the Fairview Avenue/Records Drive intersection. 4. Construct an eastbound lane on Fairview Avenue from the Records Drive 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. The developer should be required to integrate adequate drainage swales alongside Fairview Avenue into the landscaping scheme for the development. Coordinate the design of the drainage swale and sidewalk with District staff. 5. Construct a five-foot sidewalk on Fairview Avenue abutting the site. 6. Construct the needed improvements to create dual left -turn lanes on Eagle Road at the Eagle/Fairview intersection when the site development reaches 450,000 GSF. NtCUP0004.C.Lvt Pa<_e 4 7. The standard impact fee for the retail center is S2,298 per 1,000 sq ft of building area. The original 850,000 sq ft retail complex would normally be expected to pay a Road Impact Fee of approximately S2 million. The applicant has submitted an individual assessment for the project site. The assessment identified the site's location adjacent to a State Highway and reported an impact fee of S 1,744 per 1,000 sq ft of building area. The original 850,000 sq ft retail complex would nonnally be expected to pay a Road Impact Fee of approximately S 1.5 million. The District accepted the individual assessment, thereby reducing District Impact Fee Revenue by almost 5500,000. The current application includes 236,347 -square feet of retail buildings. Under the current impact fee stricture, the applicant would be expected to pay a Road Impact Fee of approximately S543,125. Using the cost figures from the previous assessment, the impact fees would be expected to total 5412,190 thereby reducing District Impact Fee Revenue by S 130,935. S. Fairview Avenue is an ACHD functionally classified roadway and, as such, would be eligible for the use of impact fee revenue to increase the capacity, if such improvement is included in the Capital Improvements Plan (CIP) and the Five Year Work Program (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 improvements at the appropriate time, partially funded from impact fee revenue. The large volume that will be generated by the proposed development accelerates the need for those 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: Svstem Improvements are capital improvements other than a site -related improvement which is a public facility and is designed to provide service to the community at large. The costs of these improvements would be offset from the Road Impact Fees for the project: 1. Constrict dual left turn lanes on the Fairview Avenue legs of the Eagle Road/Fairview Avenue intersection. 2. Dedicate additional right-of-way on Fairview Avenue for a westbound left turn lane at the Fairview Avenue/Records Drive intersection. 3. Constrict pavement widening on Fairview Avenue to add one eastbound lane from Eagle Road to a point 500 -feet west where the existing improvements end. 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: Construct an eastbound lane on Fairview from the Records Street intersection to the east property line of the development to create one half of an 89 -foot street N(C U P0004. CNI,Nt Pa-e 5 10�1 11_, section. The District prefers to defer the constriction of curbs and gutters alono, the frontage of this site and use roadside swales to control runoff from Fairviewy Avenue. The developer should be required to integrate adequate drainage swales alongside Eagle Road and Fairview Avenue into the landscaping scheme for the development.- Coordinate the design of the drainage swale and sidewalk with District staff. 2. Construct the needed improvements to create dual left -turn lanes on Eagle Road at the Eagle/Fairview intersection when the site development reaches 450,000 GSF. 3. Construct a tive-foot sidewalk on Fairview Avenue abutting the site. 9. The applicant is proposing to construct three curb return driveways with 25 -foot curb radii on Fairview Avenue. The driveways are proposed to be constructed and located as follows: ♦ The western driveway, located 220 -feet east of Records Drive, and constructed 24 to 30 - feet wide. Based on the submitted traffic study the applicant should be required to provide a minimum of 50 -feet of storage for the inbound and outbound travel lanes. Current District policy requires this driveway to be restricted to right-in/right-out operations. ♦ The middle driveway, located 600 -feet east of Records Drive, and constricted 60 -feet wide with two in -bound lanes, an island, and two out -bound lanes. Based on the submitted traffic study the applicant should be required to provide a minimum of 100 - feet of storage for the inbound travel lane and 75 -feet of storage for the outbound travel lane. Current District policy allows this driveway to operate as a fiull access driveway. ♦ The eastern driveway, located 220 -feet west of the proposed Venture Street and constructed 24 to 30 -feet wide. Based on the submitted traffic study the applicant should be required to provide a minimum of 50 -feet of storage for the inbound and outbound travel lanes. Current District policy requires this driveway to be restricted to right-in/right-out operations. In accordance with District policy, the applicant may construct a maximum of three driveways on Fairview Avenue a minimum of 440 -feet for a full access driveway and 220 -feet for a right- in/right-out driveway from any public street intersection and 220 -feet from all existing or proposed driveways. The proposed locations and designs of the driveways meet District policy. The applicant should also be required to install a 30" by 30" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Coordinate the design, storage length and location of the driveways with District staff. 10. The applicant should be required to construct a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet east of the stop bar at the Fairview Avenue/Records Drive intersection to a point 50 -feet east of the eastern edge of the driveway located 220 -feet east of Records Drive. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor For review and a letter of approval. M C U P0004. CNt Nt Pa,e 6 1 1. The applicant should be required to constrict a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet west of the stop bar at the Fairview Avenue/Venture Street intersection to a point 50 -feet west of the western edge of the driveway located 220 -feet west of the proposed Venture Street. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. 12. The applicant is proposing to construct three driveways on Records Drive. Those driveways are located as follows: ♦ The northern driveway, located 175 -feet south of Fairview Avenue, and constricted 24 to 30 -feet wide. ♦ The middle driveway, located 400 -feet south of Fairview Avenue, and constricted 30 to 36 -feet wide. ♦ The southern driveway, located 40 -feet north of the south property line, and constricted 30 to 36 -feet wide. In accordance with District Policy a maximum of three driveways should be approved on Records Drive. The driveways should be located a minimum of 175 -feet south of Fairview Avenue and aligned or offset 150 -feet from all existing or proposed driveways. The site's proposed driveways meet District policy. The driveways should be constructed as 24 to 36 -foot curb return driveway with 15 -foot curb radii. The minimum storage length should be 50 -feet. Install a 30" by 30" high intensity STOP sign at the driveway's intersection with Records Drive. 13. The applicant is proposing to constrict a public road abutting the eastern property line. The roadway will align with Venture Street on the north side of Fairview Avenue. The following report will reference the roadway as Venture Street because it aligns with Venture Street on the north side of Fairview Avenue. The applicant is proposing to construct Venture Street as a 36 - foot street section with curbs, gutters, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. Current District policy requires that Venture Street, a commercial street, be constructed as a 40 -foot street section with curbs, gutters, and 5 -foot wide concrete sidewalks within 58 -feet of right-of-way. The road will primarily serve residential uses to the south. Staff recommends approval of the applicant's proposed residential street section. 14. The applicant is not proposing to construct any driveways on Venture Street. A driveway could be located on Venture Street a minimum of 175 -feet south of Fairview Avenue. 15. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. 16. The existing transportation system will be adequate to accommodate the additional traffic _ generated by this proposed development only with the additional requirements outlined within MCUP0004.CNINI Page 7 this report. The existing transportation system is not adequate for the anticipated traffic volumes without improvement. The following requirements are provided as conditions for approval: Site Specific Requirements: Dedicate sufficient additional right-of-way to total 60 -feet from section line of Fairview Avenue abutting the entire site. The right-of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 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 #1SS. 2. Construct a 5 -foot wide concrete sidewalk on Fairview Avenue abutting the site prior to issuance of any Certificate of Occupancy. The constriction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. 3. Construct three curb return driveways with 25 -foot curb radii on Fairview Avenue. The driveways shall be located and constructed as follows: ♦ Locate the western driveway 220 -feet east of Records Drive. Construct the driveway 24 to 30 -feet wide and provide a minimum storage length of 50 -feet for the in -bound and out -bound approach. ♦ Locate the middle driveway 600 -feet east of Records Drive. Construct the driveway 60 - feet wide with two in -bound lanes, an island, and two out -bound lanes. Provide a minimum storage length of 75 -feet for the outbound lanes and 100 -feet for the inbound lanes. ♦ Locate the eastern driveway 220 -feet west of the proposed Venture Street. Constrict the driveway 30 -feet wide and provide a minimum storage length of 50 -feet for the in- bound and out -bound approach. Install 30" by 30" high intensity STOP signs at all three driveway's intersections with Fairview Avenue. Coordinate the design, storage length and location of the driveways with District staff. 4. Construct a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet east of the stop bar at the Fairview Avenue/Records Drive intersection to a point 50 -feet east of the eastern edge of western driveway. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. 5. Construct a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet west of the stop bar at the Fairview Avenue/Venture Street intersection to a point 50 -feet west of the western edge of the driveway. Coordinate the design and location of the median with District MCUP0004.CMW Pa,e 8 staff. Submit a design of the median to the District's Traffic Sewice's Supervisor for review and a letter of approval. Construct three curb return driveways with 15 -foot curb radii on Records Drive. Locate and construct the driveways as follows: ♦ Locat the northern driveway 175 -feet south of Fairview Avenue, and construct as a 24 to 30 -feet wide curb return driveway with 15 -Foot curb radii. ♦ Locate the middle driveway 400 -feet south of Fairview Avenue, and constrict as a 30 to 36 -feet wide curb return driveway with 15 -foot curb radii. ♦ Locate the southern driveway 40 -feet north of the south property line, and constrict as a 30 to 36 -feet wide curb return driveway with 15 -foot curb radii. The minimum storage length shall be 50 -feet. Install 30" by 30" high intensity STOP signs at the driveway's intersections with Records Drive. 7. Construct Venture Street along the eastern property line as a 36 -foot street section with curbs, gutters, and 5 -foot wide concrete sidewalks within 50 -feet ofright-of-way. Locate Venture Street off Fairview Avenue to align with the existing Venture Street on the north side of Fairview Avenue. Coordinate the location of the Venture Street/Fairview Avenue intersection with District staff. Locate any proposed driveway on Venture Street a minimum of 175 -feet south of Fairview Avenue. Construct the driveway as a 24 to 30 -foot wide curb return driveway with 15 -foot curb radii. Coordinate the location and design of the driveway with District staff. 1-1 9. 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 2,460 -feet). The applicant will not be compensated for this construction. 10. 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. 11. The applicant shall 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. The applicant will not be compensated for this constriction. 12. 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. The cost of this improvement will be offset from the road impact fee to be collected for the development. N[CUPOOOa.CNI.Nt Pa( -,e 9 13. Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. 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 identifv 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 shall be submitted to the District no later than 9.00 a m on the day scheduled for ACHD Commission action Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two weeks of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identifv each requirement to be reconsidered and include written documentation of 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. Payment of applicable road impact fees are required prior to building constriction 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. 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. ../(CUP0004.CMNI Page 10 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: 9. 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. Submitted by: Planning and Development Staff Date of Commission Action: January 5. !000 v LN/tCUP0004.CN[ N1 Pa -e I 1 Acla CounttjWict4wati 2)ij1Pic1 Judy Peavey -Derr, President 318 East 37th Street 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 TO FROM SUBJECT January 11, 2000 Developers Diversified Realty Tom Bauwens Dakota Company Inc 380 East Park Center Blvd, Suite 100 Boise, Idaho 83706 Steve Arnold, Principal Development Analyst Planning & Development MCUP00-004 WAL-MART SE/C RECORDS DRIVE and FAIRVIEW AVENUE JAN 1 3 2000 CITY OF MERIDIAN The Commissioners of the Ada County Highway District on January 5, 2000 acted on your application for the above referenced project. The attached staff report lists conditions of approval and street improvements, which are required. If you have and questions, please feel free to contact me at (208) 387-6170. Cc: Planning & Development/chron/project file City of Meridian Construction Services — John Edney Drainage — Chuck Rinaldi y ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report MCUP00-004 Fairview Avenue/Records Drive Walmart store The applicant is requesting conditional use approval to construct a 206,347 -square foot Walmart store and a 30,000 -square foot retail store. This application is a 76,618 -square foot expansion of the previously approved Meridian Crossroads Shopping Center. The 12.3 -acre site is located at the southeast corner of Records Drive and Fairview Avenue. The site is estimated to generate approximately 7,600 additional daily vehicle trips per day based on the submitted traffic study. The previous approval for this site was estimated to generate 4,800 additional daily vehicle trips. This expansion will increase traffic from the previous approval by 2,800 vehicle trips per day. On September 23, 1998, the Commission approved MCUP 17-98, a request for conditional use approval for an 848,000 -square foot retail shopping center. That 74.74 -acre site is located on the southeast corner of Eagle Road and Fairview Avenue in Meridian. A portion of the project site, approximately eleven acres, was approved for development. That portion of the project site would have been expected to include approximately 160,000 -square feet of commercial space. The current application has proposed a 76,618 -square foot addition to what was previously approved for the portion of MCUP17-98 east of Records Drive. This portion of the original development was estimated to generate 4,800 -additional vehicle trips per day upon full occupancy based on the submitted traffic study for that site. The District has since required a supplemental traffic analysis and conceptual review of the entire site with the proposed addition. Roads impacted by this development: Eagle Road Fairview Avenue Records Drive ACHD Commission Date - January 5, 2000 - 7:00 p.m. SITE ..__..._._FRANKLIN SP INQ -: - ......_........._....... 8 W -- W SUNNYDAUE H S .. _....__ORTTW.Q.pD -_ - - ....... " PRESIDENT ' O V EXECUTIVE ,-'_-- Facts and Findings: General Information Owner - Developers Diversified Realty Corporation Applicant - Developers Diversified Realty Corporation (C/O the Dakota Company Inc C -C - Requested zoning 12.3 - Acres 236,347 - Square feet of proposed buildings 145 - Traffic Analysis Zone JAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Eagle Road(State Highway 55) Principal arterial Traffic count 27,564 on 10/97, peak hour count on 9/8/98 = 2801 vph s/o Fairview Avenue 0 -feet of frontage Comply with ITD requirements Eagle Road is improved with 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 Traffic count 21,900 on 10/97, peak hour count on 9/8/98 = 2026 vph e/o Eagle Road 2460 -feet of frontage (current application only) 100 to 120 -feet existing right-of-way (50 to 60 -feet from section line) 120 -feet required right-of-way (60 -feet from section line) Fairview Avenue is improved with 68 -feet of pavement, five travel lanes, and no curb, gutter or sidewalk abutting the site. Records Drive Local/commercial street with no bike lane designation Traffic count not available 822 -feet of frontage 60 to 76 -feet existing right-of-way (30 to 38 -feet from centerline) No additional right-of-way required Records Drive has been constructed as a 65 -foot street section (with curb, gutter and 5 -foot wide concrete sidewalk) from Fairview Avenue to a point 300 -feet south of Fairview Avenue. From a point 300 -feet south of Fairview Avenue to the Crossroads Subdivision, Records Driveway has been constructed as a 41 -foot street section with curbs, gutters, and sidewalks. There is a median in Records Drive that restricts an existing driveway on the west side of MCUP0004.CMM Pa -e 2 Records Drive, and will restrict a proposed driveway on the east side of Records Drive to right- in/right-out. 2. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Constriction Services at 387-6280 (with file numbers) for details. 3. Eagle Road traffic volumes have increased at an annual average of 16% over the last seven years. Traffic has increased at an annual average of 20% over the last four years. The COMPASS (APA) model assumes a 4% annual growth rate until the Year 2015. While it is 1.1 unlikely that the 20% growth rate will be maintained, the COMPASS forecast is likely low, based on observed development rates and counts. 4. District staff requested an extensive traffic impact study summary for MCUP98-17, which included this site because: 1. the proposed development exceeded the District's trip generation 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. A supplemental traffic analysis has been submitted for the expansion of the previous conditional use application and the key findings of the supplemental study are as follows: 1. The proposed project is estimated to generate 7,600 additional daily vehicle trips. 2. The previous approval for this site was estimated to generate 4,800 additional daily vehicle trips. 3. The proposed expansion will increase traffic from the previous approval by 2,800 vehicle trips per day. 4. The proposed project is estimated to generate 725 total peak hour vehicle trips, adding approximately 480 peak hour vehicle trips to the external trip network because of pass by trips already on the adjacent roadways. 5. The anticipated peak hour vehicle trips are the result of a trip rate of 3.021 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) for shopping centers. 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. 6. The analysis recognized that the Records Drive/Fairview Avenue intersection was signal controlled. 7. The District anticipates that the Fairview Avenue/Venture Street intersection may be signalized in the future. The applicant should be required to locate any proposed driveway on Venture Street a minimum of 175 -feet south of Fairview Avenue. 8. In addition to Records Drive, there are three other proposed driveways on Fairview Avenue. The new driveways all meet District policy. However, only the middle MCUP0004.CMM Page 3 driveway meets current District policy for full -access operation. Current District policy allows a maximum of three access points for one frontage. 9. Fairview Avenue is a principal arterial. As such, Level of Service (LOS) E is an acceptable condition for the intersections on this roadway. 10. Fairview Avenue is a five lane facility with a center turn lane abutting the project site. 11. The Eagle Road/Fairview Avenue intersection currently operates at LOS D. 12. The Eagle Road/Fairview Avenue intersection is anticipated to operate at LOS E with the "existing plus project" traffic volumes and the geometric improvements required of the applicant under MCUP98-0017. The previous requirement included provisions for dual left turn lanes and free right turn lanes on all approaches of the intersection. The requirements do not have to be completed until the project site reaches a total floor area of 450,000 -square feet. With the current proposal and the previously approved projects, the site does not yet reach the 450,000 -square feet level. 13. The Fairview Avenue/Records Drive intersection will operate at LOS D with the "existing plus project" traffic volumes and the existing lane geometry. 14. The remaining, unsignalized, full access site driveways will operate similar to right- in/right-out facilities during peak hour conditions. The through traffic volumes on Fairview Avenue are so high that there will be few opportunities for left -turns at any of the non -signalized intersections. The demand for left turns at the unsignalized intersections far exceeds the available capacity. These intersections only function acceptably because the excess traffic can be diverted to a signalized intersection at Records Drive. This condition is caused by a combination of high traffic volumes on the arterial streets and at the site driveways. 6. The original traffic analyses identified the following public street improvements needed to accommodate the additional traffic created by this project and the normal growth of background traffic: 1. Construct dual left turn lanes on the Fairview Avenue legs of the Eagle/Fairview intersection prior to the phase of construction that exceed 450,000 -square feet of development for MCUP98-17 or the subject application. 2. 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. 3. Dedicate additional right-of-way on Fairview Avenue for a westbound left turn lane at the Fairview Avenue/Records Drive intersection. 4. Construct an eastbound lane on Fairview Avenue from the Records Drive 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 constriction of curbs along the frontage of this site and use roadside swales to control nunoff from Fairview Avenue. The developer should be required to integrate adequate drainage swales alongside Fairview Avenue into the landscaping scheme for the development. Coordinate the design of the drainage swale and sidewalk with District staff. 5. Construct a five-foot sidewalk on Fairview Avenue abutting the site. 6. Constrict the needed improvements to create dual left -turn lanes on Eagle Road at the Eagle/Fairview intersection when the site development reaches 450,000 GSF. MCUP0004.CMM Page 4 e*11 /'1 The standard impact fee for the retail center is $2,298 per 1,000 sq ft of building area. The original 850,000 sq ft retail complex would normally be expected to pay a Road Impact Fee of approximately $2 million. The applicant has submitted an individual assessment for the project site. The assessment identified the site's location adjacent to a State Highway and reported an impact fee of $1,744 per 1,000 sq ft of building area. The original 850,000 sq ft retail complex would normally be expected to pay a Road Impact Fee of approximately $1.5 million. The District accepted the individual assessment, thereby reducing District Impact Fee Revenue by almost $500,000. The current application includes 236,347 -square feet of retail buildings. Under the current impact fee structure, the applicant would be expected to pay a Road Impact Fee of approximately $543,125. Using the cost figures from the previous assessment, the impact fees would be expected to total $412,190 thereby reducing District Impact Fee Revenue by $130,935. Fairview Avenue is an ACHD functionally classified roadway and, as such, would be eligible for the use of impact fee revenue to increase the capacity, if such improvement is included in the Capital Improvements Plan (CIP) and the Five Year Work Program (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 improvements at the appropriate time, partially funded from impact fee revenue. The large volume that will be generated by the proposed development accelerates the need for those 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: System Improvements are capital improvements other than a site -related improvement which is a public facility and is designed to provide service to the community at large. The costs of these improvements would be offset from the Road Impact Fees for the project: 1. Construct dual left turn lanes on the Fairview Avenue legs of the Eagle Road/Fairview Avenue intersection. 2. Dedicate additional right-of-way on Fairview Avenue for a westbound left turn lane at the Fairview Avenue/Records Drive intersection. 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. 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: q 1. Construct an eastbound lane on Fairview from the Records Street intersection to the east property line of the development to create one half of an 89 -foot street MCUP0004.CMM Page 5 section. The District prefers to defer the construction of curbs and gutters along the frontage of this site and use roadside swales to control runoff from Fairview Avenue. The developer should be required to integrate adequate drainage swales alongside Eagle Road and Fairview Avenue into the landscaping scheme for the development. Coordinate the design of the drainage swale and sidewalk with District staff. 2. Construct the needed improvements to create dual left -turn lanes on Eagle Road at the Eagle/Fairview intersection when the site development reaches 450,000 GSF. 3. Construct a five-foot sidewalk on Fairview Avenue abutting the site. 9. The applicant is proposing to construct three curb return driveways with 25 -foot curb radii on Fairview Avenue. The driveways are proposed to be constructed and located as follows: ♦ The western driveway, located 220 -feet east of Records Drive, and constructed 24 to 30 - feet wide. Based on the submitted traffic study the applicant should be required to provide a minimum of 50 -feet of storage for the inbound and outbound travel lanes. Current District policy requires this driveway to be restricted to right-in/right-out operations. ♦ The middle driveway, located 600 -feet east of Records Drive, and constructed 60 -feet wide with two in -bound lanes, an island, and two out -bound lanes. Based on the submitted traffic study the applicant should be required to provide a minimum of 100 - feet of storage for the inbound travel lane and 75 -feet of storage for the outbound travel lane. Current District policy allows this driveway to operate as a full access driveway. ♦ The eastern driveway, located 220 -feet west of the proposed Venture Street and constructed 24 to 30 -feet wide. Based on the submitted traffic study the applicant should be required to provide a minimum of 50 -feet of storage for the inbound and outbound travel lanes. Current District policy requires this driveway to be restricted to right-in/right-out operations. In accordance with District policy, the applicant may construct a maximum of three driveways on Fairview Avenue a minimum of 440 -feet for a frill access driveway and 220 -feet for a right- in/right-out driveway from any public street intersection and 220 -feet from all existing or proposed driveways. The proposed locations and designs of the driveways meet District policy. The applicant should also be required to install a 30" by 30" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Coordinate the design, storage length and location of the driveways with District staff. 10. The applicant should be required to construct a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet east of the stop bar at the Fairview Avenue/Records Drive intersection to a point 50 -feet east of the eastern edge of the driveway located 220 -feet east of Records Drive. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. 9 'r MCUP0004.CMM Page 6 11. The applicant should be required to construct a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet west of the stop bar at the Fairview Avenue/Venture Street intersection to a point 50 -feet west of the western edge of the driveway located 220 -feet west of the proposed Venture Street. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. 12. The applicant is proposing to construct three driveways on Records Drive. Those driveways are located as follows: ♦ The northern driveway, located 175 -feet south of Fairview Avenue, and constricted 24 to 30 -feet wide. ♦ The middle driveway, located 400 -feet south of Fairview Avenue, and constructed 30 to 36 -feet wide. ♦ The southern driveway, located 40 -feet north of the south property line, and constructed 30 to 36 -feet wide. In accordance with District Policy a maximum of three driveways should be approved on Records Drive. The driveways should be located a minimum of 175 -feet south of Fairview Avenue and aligned or offset 150 -feet from all existing or proposed driveways. The site's proposed driveways meet District policy. The driveways should be constructed as 24 to 36 -foot curb return driveway with 15 -foot curb radii. The minimum storage length should be 50 -feet. Install a 30" by 30" high intensity STOP sign at the driveway's intersection with Records Drive. 13. The applicant is proposing to construct a public road abutting the eastern property line. The roadway will align with Venture Street on the north side of Fairview Avenue. The following report will reference the roadway as Venture Street because it aligns with Venture Street on the north side of Fairview Avenue. The applicant is proposing to construct Venture Street as a 36 - foot street section with curbs, gutters, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. Current District policy requires that Venture Street, a commercial street, be constructed as a 40 -foot street section with curbs, gutters, and 5 -foot wide concrete sidewalks within 58 -feet of right-of-way. The road will primarily serve residential uses to the south. Staff recommends approval of the applicant's proposed residential street section. 14. The applicant is not proposing to constrict any driveways on Venture Street. A driveway could be located on Venture Street a minimum of 175 -feet south of Fairview Avenue. 15. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. 16. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development only with the additional requirements outlined within MCUP0004.CMM Page 7 n this report. The existing transportation system is not adequate for the anticipated traffic volumes without improvement. The following requirements are provided as conditions for approval: Site Specific Requirements: Dedicate sufficient additional right-of-way to total 60 -feet from section line of Fairview Avenue abutting the entire site. The right-of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 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. 2. Construct a 5 -foot wide concrete sidewalk on Fairview Avenue abutting the site 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. Construct three curb return driveways with 25 -foot curb radii on Fairview Avenue. The driveways shall be located and constructed as follows: ♦ Locate the western driveway 220 -feet east of Records Drive. Construct the driveway 24 to 30 -feet wide and provide a minimum storage length of 50 -feet for the in -bound and out -bound approach. ♦ Locate the middle driveway 600 -feet east of Records Drive. Construct the driveway 60 - feet wide with two in -bound lanes, an island, and two out -bound lanes. Provide a minimum storage length of 75 -feet for the outbound lanes and 100 -feet for the inbound lanes. ♦ Locate the eastern driveway 220 -feet west of the proposed Venture Street. Construct the driveway 30 -feet wide and provide a minimum storage length of 50 -feet for the in- bound and out -bound approach. Install 30" by 30" high intensity STOP signs at all three driveway's intersections with Fairview Avenue. Coordinate the design, storage length and location of the driveways with District staff. 4. Construct a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet east of the stop bar at the Fairview Avenue/Records Drive intersection to a point 50 -feet east of the eastern edge of western driveway. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. Construct a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet west q of the stop bar at the Fairview Avenue/Venture Street intersection to a point 50 -feet west of the western edge of the driveway. Coordinate the design and location of the median with District MCUP0004.04 NI Pa,,e 8 staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. 6. Constrict three curb return driveways with 15 -foot curb radii on Records Drive. Locate and constrict the driveways as follows: ♦ Locat the northern driveway 175 -feet south of Fairview Avenue, and construct as a 24 to 30 -feet wide curb return driveway with 15 -foot Curb radii. ♦ Locate the middle driveway 400 -feet south of Fairview Avenue, and constrict as a 30 to 36 -feet wide curb return driveway with 15 -foot curb radii. ♦ Locate the southern driveway 40 -feet north of the south property line, and constrict as a 30 to 36 -feet wide curb return driveway with 15 -foot curb radii. The minimum storage length shall be 50 -feet. Install 30" by 30" high intensity STOP signs at the driveway's intersections with Records Drive. 7. Construct Venture Street along the eastern property line as a 36 -foot street section with curbs, gutters, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. Locate Venture Street off Fairview Avenue to align with the existing Venture Street on the north side of Fairview Avenue. Coordinate the location of the Venture Street/Fairview Avenue intersection with District staff. Locate any proposed driveway on Venture Street a minimum of 175 -feet south of Fairview Avenue. Construct the driveway as a 24 to 30 -foot wide curb return driveway with 15 -foot curb radii. Coordinate the location and design of the driveway with District staff. 9. 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 2,460 -feet). The applicant will not be compensated for this constriction. 10. 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. 11. The applicant shall 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. The applicant will not be compensated for this construction. 12. 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. The cost of this improvement will be offset from the road impact fee to be collected for the development. MCUP0004.CMM Paye 9 13. Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. 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 identify 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 shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two weeks of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of 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. 3. Payment of applicable road impact fees are required prior to building constriction 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, Constriction 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. Constriction, 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. 'r MCUP0004.CV M Page 10 P.-ftk 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: 9. 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. Submitted by: Planning and Development Staff Date of Commission Action: January 5, 2000 MCUP0004.CMM Page 11 Sent By: z; 208 343 4954; DAKOTA V a r, FAX -0 -GRAM January 25, 2000 To: Mr. William Berg - City Of Meridian Jan -25-00 2:32PM; PcE1\7 JAN 2 5 2000 CI'T'Y OF 1dRII)IAN Page 1 Post-tr Fax Note 7671 Data —G S o�� to � 1 i From co,mep[. co. Phone 9 Phone >f Fax # IqU _9 Fax K From: Tom Bauwens Dakota Company, Inc. For Developers Diversified realty Corp. RE: Meridian Crossroads Shopping Center - Phase H Expansion Conditional Use Permit - City Council Meeting February 15, 2000 Notice Of Public Hearing Mr. Berg: I received the attached "Notice Of Hearing" for the City Council meeting scheduled for February 15, 2000 and question why a public hearing is being held for a Conditional Use Permit in a Commercial zoning. Section 2-418 of the Meridian Ordinances clearly states that only one public hearing before the Planning & Zoning Commission is required for a conditional use permit in both commercial and industrial zones. The west half of this project is currently zoned Light Industrial I -L. The public hearing process has been completed and approval received from the City Council for annexation of the east half of the project with a Commercial zoning and rezone the west half to commercial_ Completion of the Development Agreement and annexation is a Condition Of Approval of the Conditional Use Permit. The CUP would not become effective until the Development Agreement and annexation is completed. We do not feel a Public Hearing is required before the City Council in this circumstance and do not want to waste the City Councils time with a Public Hearing that is not required. Please review. attachment - Section 2-418 City Ordinance cc: W. Wm. Gigray - WPPMG w/attacirent PHoni tXl$) ;43 j«? fAi, k206i j,l, 4?54 1A11 Egjf PARk,:FWFR Ptvfl Sl!�rt ICG 8G+5t.IDA] 0 6370c JAN 25 '00 14:33 208 343 4954 PAGE.01 Sent 8y: *; 208 343 4954; Jan -25-00 2:32PM; Paae 2/3 JAN 25 '00 11:29 FR -CITY OF MERIDIAN 208 8614 4259 TC --01434954 P.01i01 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 February 15, 2000, for the purpose of reviewing and considering the application of Developers Diversified Realty Corporation (Dakota Company) for a conditional use permit for the expansion of Meridian Crossroads Shopping Center located at the southeast corner of Records Drive and Fairview Avenue. 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 19°i day of January, 2000. PUBLISH January 28 And February 11, 2000. PeM** Fax We 7671 Co./Oop1. Gji Co' Ph" N ,{ nhono JAN 25 '00 14:33 LLIAM G. BERG, JR., Ciff CLERK OF �/ `i `0 Of"1004141 JAI -- TnTol DO= Mi ww 208 343 4954 PAnp-np Sent By: *; 208 343 4954; ,len-25-00 2:32PKI; Page 3/3 2-418 2-418 2-418 g. will have vehicular approaches to the property Which shall be so designed as not to create an interference with traffic on surrounding public streets; and 9. will not result in the destruction, loss or damage of a natural or scenic feature of major importance. D SUPPLEMENTARY CONDITIONS AND SAFEGUARDS in approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds and safeguards in conformity with this Ordinance. violations of such conditions, bonds or safeguards, when mads a part of the terms under which the Conditional Use is granted, 'shall be deemed a violation of tional Use. The the Ordinance and grounds torevoke be a set tomeiperiod for which Commission and Council may prescribe a Conditional Use may be in existence. E PROCEDURE rOR HEARING AND NOTICE Prior to approving a Conditional Use permit, the applicant and the Commission and Council shall follow. notice and hearing procedures provided in Section 11-2-416, zoning Amendment Procedures, of this Ordinance. Provided however, that Conditional al and use applications for land in Old Town i ed ton haveIndn onei public'` commercial Districts shall only be r and zoning hearing which shall be held before the Planning Commission and atter the recommendation of the Commission isublic e the application shall go before the City Council without moodifyy the hearing and the Council may approve, deny, recommendation of the Commission. F ACTION BY THE comMISSION Within forty five (45) days from the hearing, the Commission shall transmit its recommendations to the Council with supportive reasons- The Commission may, however, continue the matter from meeting to meeting if it finds that it does not have sufficient information to sake a decision. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall insure that any approval or approval with conditions of an application shall be in accordance with the Comprehensive Plan, this ordinance and State law - 2 -418 G APPEAL OF COMMISSION ACTION (See Section 2-416, Zoning Amendment Procedures-) 2-418 H ACTION BY THE COUNCIL 1. peariRax (See Section 2-416, Zoning Amendment Procedures_) -81- 193 JAN 25 '00 14:33 20G 343 4954 PAGE.03 MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless TO: FAX NUMBER: HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN (208) 288-2499 • Fax 288-2501 PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 DELIVER TO:i! TITLE/DEPARTMENT: ADDRESS: FACSIMILE COVER SHEET X66- 4Aa, DATE: l-- CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): FROM: CITY`` OF MERIDIAN - NAME: G / `G 6erq TITLE/DEPARTMENT: COMMENTS: FAX NUMBER (208) 9&7.4$93- Fft' 4Z t 4ue '/wf PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY. (208) 888-4433 ** TX CONFIRMHiION REPORT ** DATE TIME TO/FROM 12 01/25 14:45 208 466 4405 r� AS OF JAN 25 '00 14:46 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD## STATUS EC --S 01'12" 004 107 OK FACSIMILE COVER SHEET TO: FAX NUMBER: 4pl' �'��/� DATE: /''ZS-Ov DELIVER T0: &% 6/�d�/ TITLE/DEPARTMENT: ADDRESS: CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): FROM: CITY OF MERIDIAN - FAX NUMBER (208) 893- NAME: &)J lC Mw 6016-4Z l B e TITLE/DEPARTMENT.- PLEASE ITLE/DEPARTMENT: PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY. (208) 888-4433 HUB OF TREASURE VALLEY MAYOR Robert O. Come A Good Place to Live LEGALDEPARTMENT CITY 288.2199 • Fax 288.2501 CITY COUNCIL MEMBERS OF MERIDIAN PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Kcith Bird MERIDIAN, IDAHO 83642 (208) 687-2211 • Fax 887-1297 Tammy dcWcerd (7.05) 888-4433 - Fax (208) 887.4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (206) 664.5533 • Fax 858.6854 FACSIMILE COVER SHEET TO: FAX NUMBER: 4pl' �'��/� DATE: /''ZS-Ov DELIVER T0: &% 6/�d�/ TITLE/DEPARTMENT: ADDRESS: CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): FROM: CITY OF MERIDIAN - FAX NUMBER (208) 893- NAME: &)J lC Mw 6016-4Z l B e TITLE/DEPARTMENT.- PLEASE ITLE/DEPARTMENT: PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY. (208) 888-4433 ** TX CONFIRMHrION REPORT ** DATE TIME TO/FROM 13 01/25 14:47 2088886854 ---------------- FAX-0—GRAM January 25, 2000 AS OF JAN 25 '00 14:48 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD4 STATUS EC --S 01,01" 003 108 OK DAKOTA To: Mr. William Berg - City Of Meridian IRWE'v:ED JAN 2 5 2000 CITY OF M ERIMAN Post -R" Fax Note 7671 �� —� S ► I* U) , -Bee flan Co./oRm. co. Phone jr Phone N fans M -Li Fax # From: Tom Bauwens Dakota Company, Inc. For Developers Diversified realty Corp. RE: Meridian Crossroads Shopping Center - Phase H Expansion Conditional Use permit - City Council Meeting February 15, 2000 Notice Of Public Hearing Mr. Berg: I received the attached "Notice Of Hearing" for the City Council meeting scheduled for February 15, 2000 and question why a public hearing is being held for a Conditional Use Permit in a Commercial zoning. Section 2-418 of the Meridian Ordinances clearly states that only one public hearing before the Planning & Zoning Commission is required for a conditional use permit in both commercial and industrial zones. The west half of this project is currently zoned Light Industrial I -L. The public hearing process has been completed and approval received from the City Council for annexation of the east half of the project with a Corrunercial zoning and rezone the west half to commercial. Completion of the Development Agreement and annexation is a Condition Of Approval of the Conditional Use Permit. The CUP would not become effective until the Development Agreement and annexation is completed. We do not feel a Public Hearing is required before the City Council in this circumstance and do not want to waste the City Councils time with a Public Hearing that is not required. Please review. attachment - Section 2-4I8 City Ordinance cc: Mr. Wm Gigray - WPPMG w/attacipnt N rdk k10811,4152: FAa;lUdi.YI! AOSa 1A11 FA51 WV4:FMFR RIVF1 !iUra 1G'� B015t.1DA11,) h.710C JAN 25 '60 14 33 20e 343 4954 PAGE.01 Account NumberfTrans. X 064514 185979 Ordered By SHELBY The Idaho ,., City of Hierld;a-,-, Statesman P.O. BOX 40, BOISE, IDAHO 83707-0040 _ LEGAL ADVERTISING INVOICE Out �� $50.52 Ide-"a cation _-- --- WALMART i 13.d Number Rate NT CITY OF MERIDIAN 33 E. IDAHO AVE MERIDIAN, ID 83642-2631 LEGAL NOTICE PUBLIC 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 Febru- ary 15, 2000, for the purpose of reviewing and considering the application of Devel- opers Diversified Realty Corporation (Da- kota Company) for a conditional use Per- mit for the expansion of Meridian Crossroads Shopping Center located at the southeast corner of Records Drive and Fairview Avenue. 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 dur- ing regular business hours. A copy of the application is available upon request. Any and all interested Per- sons shall be heard at said Public hearing and the public is welcome and invited to submit testimony. DATED this 18th day of January. WILLIAM G. BERG, JR., CITY CLERK Pub. Jan. 28, Feb. 11, 2000 6110 1 JANUARY 28, FEBRUARY 11, 200 Estimated Inches Real Inches 133 LINES C Affldavits - - -� - --- Legal Number 1 6110 -- - JANICE HILDRETH being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto; that said notice was published in The Idaho Statesman in conformity with Section 60-108, Idaho Code as amended, for TWO ❑ consecutive weekly ❑ single ❑ consecutive daily 0 odd skip insertion(s) beginning with the issue of JANUARY 28 2000 and ending with the issue of FEBRUARY 11 2000 -L STATE OF IDAHO ) ss. COUNTY OF ADA ) On this 11TH day of FEBRUARY in the year of 2000 , before me, a Notary Public, personally appeared JANICE HILDRETH known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that she executed the same. Notary Public for -Idaho - --- - - - - Residing at: Boise, Idaho My commission expires: SULJIVISION EVALUATION ...-IEET JAN 19 2000 Proposed Development Name Records East Subdivision File # C1 ' ' A @ �� Date Reviewed 1 /11 /00 Preliminary Stage XX Final Engineer/Developer Hubble En ineerin The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following streets are existing and the names shall appear on the plat: "N. EAGLE RD." "N. RECORDS AVE." "N. VENTURE STREET" and "W. FAIRVIEW AVE." There are no new street names proposed for this development as "VENTURE" aligns to the n The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTE E�ICYRESENTATIVES OR DESIGNEES Ada County Engineer John Priester Community Planning Assoc. Sue Han City of Meridian Cheryl Sable Meridian Fire District Representati c Date / b 6 Date Date Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed 1111 Subindex Street Index Section NUMBERING OF LOTS AND BLOCKS�%��i%��G TR\SUBS\SM CITY.FRM SULJIVISION EVALUATION .odEET JAN 19 2000 Proposed Development Name Resolution Subdivision File # ( TTWV (IF IDUNi Date Reviewed 1/11/00 Preliminary Stage XX Fina Engineer/Developer Briggs Engineering, Becky Bowcut The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following streets are existing and the names shall appear on the plat: "OVERLAND RD." and "S. LOCUST GROVE RD." The following street names are approved for this development and shall be placed on the reserved list: "S. MILLENNIUM WAY" "S. CELEBRATION AVE." "E. GALA ST." "E. Y2K LANE" and "S. RESOLUTION LANE" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE/AGENCY RE4%ESENTATIVES OR DESIGNEES Ada County Engineer John Priestei Community Planning Assoc. Sue Hansen City of Meridian Cheryl Sable Meridian Fire District Representati, Date / -/ 3 —00— Date / -/3- od Date /-/3 - o d Date I / NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat', otherwise the plat will not be signed 1111 Sub Index Street Index Section NUMBERING OF LOTS AND BLOCKS /� TMSUBS1.SM CITY.FRM Phone: (208) 888-4433 Fax: (208) 888-4218 Fax To: 1 b Ph, From: Fax: -.24 Date: t4vo Phone: Pages: Re: CC: ❑ URGENT ❑ FOR REVIEW ❑ FOR COMMENT ❑ FOR REPLY To G—q, Li (L k -:e a- wkt 4-v f-� � an* Ct yvt we 4-� ** TX CONFIRM. .,ON REPORT ** DATE TIME TO/FROM 09 02/15 13:14 208 343 4954 Fax AS OF FEB 15 '00 13:15 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'43" 002 012 OK Phone: (208) 888-4433 Fax: (208) 888-4218 From: Fax: Date: * 5/ b o Phone: Pages: - Re: CC: ❑ URGENT ❑ FOR REVIEW ❑ FOR COMMENT ❑ FOR REPLY 10i'Yt, U%c � ( �.��GeG� Vln.� �f'b �� G�Yw,�- � �'►�11M evt �S xQk�7Vl rn^�l LLy� le 4 GSC Usey-t i2kL tee n(t e :�kdbyd n Phone: (208) 888-4433 Fax: (208) 888-4218 Fax To: Larry and Tom From: Shelby Fax: 343-4954 Date: Feb. 15, 2000 Phone: Pages: 5 Re: Walmart — letters from Mr. Yehle CC: and others ❑ URGENT ❑ FOR REVIEW ❑ FOR COMMENT ❑ FOR REPLY ,,IN Phone: (208) 888-4433 Fax: (208) 888-4218 Fax To: Larry and Tom From: Shelby Fax• 343-4954 Date: Feb. 15, 2000 Phone: Pages: Re: Walmart —letter from Mr. Yehle CC: ❑ URGENT ❑ FOR REVIEW ❑ FOR COMMENT ❑ FOR REPLY r 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 February 15, 2000, for the purpose of reviewing and considering the application of Developers Diversified Realty Corporation (Dakota Company) for a conditional use permit for the expansion of Meridian Crossroads Shopping Center located at the southeast corner of Records Drive and Fairview Avenue. 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 19th day of January, 2000. PUBLISH January 28 And February 11, 2000 Post -it® Fax Note 7671 Date �5 pa°yes To ��}yl1 From G LEt��y�/Zf Co./Dept. Co. / Yi , { (ye Phone # Phone # ,%^ l A i Fax # �� /� Fax # ILLIAM G. BERG, JR. CICLERK OF f C_ rte.. w s ti BEAL 00 ** TX CONFIRMATION REPORT ** DATE TIME TO/FROM 07 01/25 11:29 208 343 4954 AS OF JAN 25 W 11.29 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'24" 001 102 OK 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 February 15, 2000, for the purpose of reviewing and considering the application of Developers Diversified Realty Corporation (Dakota Company) for a conditional use permit for the expansion of Meridian Crossroads Shopping Center located at the southeast corner of Records Drive and Fairview Avenue. 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 19th day of January, 2000, PUBLISH January 28 And February 11, 2000. Post -W Fax Note 7671 To t/o6(.C(/`e n S From co.fDopl. Co. Phone N !`-- Phone # Fax # G%�¢ Fax ILLIAM G. BERG, JR., I CLERK 001,4110 d E SEAL n,��d�dd�trt rtNNr�� 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 February 15, 2000, for the purpose of reviewing and considering the application of Developers Diversified Realty Corporation (Dakota Company) for a conditional use permit for the expansion of Meridian Crossroads Shopping Center located at the southeast corner of Records Drive and Fairview Avenue. 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 19th day of January, 2000. PUBLISH January 28 And February 11, 2000. ILLIAM G. BERG, JR., 6W CLERK ,,�►��►►ttrte�+tirr tf1.4 w FAL dY 'J NObA _ _ Vol • _fZ.LSJY M O � des ols, e�:_�srev�e c:Ti �- et a ./u Meridian Planning rid Zoning Commission January 12, 2000 Page 50 Borup: Commissioner's, do you want to consider revising or amending that motion. Brown: Mr. Chairman, I would amend my motion to limit it to 26 months. Barbeiro: I would concur with that Mr. Chairman. Borup: So we've amended the motion to add 26 month time period. All in favor. MOTION CARRIED: ALL AYES 16. PUBLIC HEARING: REQUEST FOR QONDtTIONAL USE PERMIT FOR COMMERCIAL -EXPANSION OF THE MERIDIAN CROSSROADS SHOPPING CENTER (WALMART) BY DEVELOPERS DIVERSIFIED REALTY CORP. C/O DAKOTA COMPANY, INC.—SOUTHEAST CORNER RECORDS DRIVE AND FAIRVIEW AVENUE: Borup: Mr. Siddoway. Siddoway: This is the new Walmart site along Fairview. It is the expansion of the existing family center development at the intersection of Eagle Road and Fairview. The Shopko currently sits in this location. This expansion would be to the east abutting Crossroad Subdivision here and then extending to an undeveloped parcel here. This is their proposed site plan for the conditional use permit. I will come back to this in just a second. This is how the site currently looks as taken from Records Drive looking into the site with Crossroads Subdivision in the background there. Most of the issues are dealt with in the staff comments in front of you. The outstanding issues that remain to be resolved that I expect to come up tonight. One is staff comment that 35 feet of landscaping along Fairview Avenue, they currently have 20 feet in this location and 30 feet in this location. In comments with the applicant, they have stated that they could comply with that request but it would mean shrinking the buffer that they have against the Crossroads Subdivision where our current City Ordinance requires a minimum of 20 feet and they are providing 41 feet in this location and 31 feet in this location. We have also asked for an additional 10 feet of buffering between the Walmart building and loading docks and the adjacent cemetery to get some additional buffering between what we would consider compatible land uses at that position and that is also needing to be resolved. The trees that are shown along Venture Street at this point, appear to be planted in the sidewalk, so they can be shifted but in here where there is off set trees there could be some issues with spacing. I think they might be fine if they were just moved over and it would just a tight spacing of trees. That is all I have at this point. One more, the parking requirement END OF SIDE 4 Siddoway: Based on the square footage of the building as a retail use at one per 200 square feet, they are meeting that almost to the exact number. I believe they have 3 extra spaces. The calculation does not include what is shown on their site plan this Meridian Planning a, Zoning Commission January 12, 2000 Page 51 location as the outdoor garden area which would roughly require 50 additional stalls. If you count that as additional retail space. I bring that up for your own decision. I personally don't feel like it needs to be included in the calculation simply because the parking lot is so large all ready. The outdoor garden will be full of trees. I bring it up as a potential issue because it is an area that will be used as retail space that is not included in their parking calculation. That's all I have. Borup: One quick question Steve. Did you clarify the setback on the existing shopping center. Siddoway: The existing shopping center I believe was approved with 20 foot landscape setbacks. It appears to be more because the landscape out into the right of way a ways. The end of asphalt is not at the property line. They have 20 feet plus some additional that is in the right of way for a total of around 30. Borup: There is no curb and gutter there? Siddoway: There is I believe. Borup: I'll ask that question in a little bit. Thank you. Will the applicant care to come forward or do you think we have enough information. Durkin: My name is Larry Durkin. My address is 380 East Park Center Blvd. Boise, ID. Mr. Chairman and members of the commission, I am the president and owner of the Dakota Company Inc., a Boise based development company. I am here tonight on behalf of the applicants, Developers Diversified Realty Corp. Our request tonight is to gain your approval for a conditional use permit for the next phase of our development. This phase includes a 206 thousand square foot store and related improvements. We will submit a separate conditional use permit application for the proposed retail building that is identified on the site. I think in the interest of one of the newer members of the commission and the residents present, I would like to take a brief amount of time and give you a little history of the project and to do that I am going to walk over to the board and switch microphones. Just to orient everyone, this is Fairview Avenue. This is Eagle Road. This board is not quite large enough to identify all of the property. For your information I am not trying to hide anything, but there is another parcel as part of our shopping center to the south of Presidential Drive here. We are not developing it. It is not developed now. I choose not to get a bigger board then I needed. As you can see, this is the Shopko that is now open and operating. We have new construction under way right now. The Sportsman's Warehouse store right here. This is the very busy Texas Road House. We have new buildings that will begin construction if they are not going right now, right in this area. We do have a number of other uses that are in for building permits on some of our pad buildings throughout the shopping center. various restaurants and uses like that. When we did our original application, we had about 136 thousand square feet of buildings approved on this property right here, backing up the new homes built here and facing out toward Fairview Avenue. Obviously this side next to Records Drive. We then came back to the city. We are Meridian Planning a. Zoning Commission January 12, 2000 Page 52 acquiring this property here and we did a Comprehensive Plan change and a rezone to add this to the project. Tonight we are talking about the conditional use permit for this building and related improvements. We are identifying this on the site as a future building but we are not prepared to give any information on it tonight. When we do, we will submit for a separate conditional use permit. We also identified this corner as a possible future building area. Again, if we were to apply for anything there, it would be a separate conditional use permit. So, just to zero in, we are talking about this use right here. The use of that building is general merchandise and grocery store sales. I think some of you may recall that we had a number of people testify their desire to have grocery sales in the area and this will accommodate that. We also had a number of calls and requests for that over the years. This whole project started about 2 years ago, 2 years ago this month as a matter of fact. We had our first public hearing and went through 6 or 7 months of hearings for necessary matters that had to be handled for the improvements here. This part of the shopping center from Records, Presidential, all of the site work on site and off site is now complete. It has been done in accordance with the conditional use permit that we have for that. It's been just recently signed off by Shari Stiles that was developed in accordance with that conditional use permit. The buffering along Fairview Avenue in our permit requires a 20 foot buffer along Fairview and we have a 20 foot buffer along the back residential area here with a matter that we discussed a lot, but we have a 6 or 7 foot, it varies in height, masonry wall along here as well. Our application for this phase is in strict appliance with the conditional use permit that we put the conditions of approval that have been imposed on the entire shopping center. We tried to do a few things differently. We increased the buffer area along Fairview Avenue and we increased the buffer area along the residential. This modification that I want to identify to the commission and to staff tonight. This buffer area right here along these residents is shown at 41 feet. Some of you may be aware of a drainage canal in there and this is shown at 31 feet. The drainage canal comes in here—it is open to this point. We have enclosed it and somehow it meanders off and crosses Eagle Road. It is our intention to ask you to change our conditions to have this be 31 feet of landscape buffer instead of 41 shown here. That will allow us to accommodate the necessary work to enclose the canal. That is a change in the site plan that I just want to make you aware of. For us to increase this buffer area, we would have to shift everything down. And shifting everything down we'd have to reduce this to the 20 feet that is in this area. I think that is a pretty sensitive issue and it is our desire to have more buffer here then this area. That is why we are showing it that way. In an area that we have extra room on the site to do it we have a larger buffer area along Fairview Avenue here, this 31 feet continues. This area of land right here is vacant land. It is not platted. It is recently gone through a Comprehensive Plan change, but there is nothing going on it that —1 am not aware of any further applications for that property. There may be. The Ada County Highway District last Wednesday night unanimously approved our plan with these three access points along Fairview Avenue and these three access along Records Drive. We all ready enjoyed 3 access points on Records Drive and they just reaffirmed that . We had in our previously application, two access points on Fairview Avenue. The property we are buying has two access points. We are eliminating one of those so then that result is instead of 4 access points on Fairview, there will be three. The street alignment here for Ventura is done in r Meridian Planning ai Zoning Commission January 12, 2000 Page 53 accordance with Ada County Highway District requirements. What their future plans are for that street, I do not know. They do have a map on the wall down there that does show it going further, but there have been no plans for that that the staff was aware of at this time. The sensitive issue has been Florence Drive. It presently comes up and dead ends right here. There is road block at the end of it. It doesn't take a road scholar to figure out that probably somebody has in mind to bring that through to Ventura Street. That isn't an area that we control. It is just an Ada County Highway District issue, but it is just not a street that we are building and I have encouraged the neighbors to contact the people at ACHD on that matter. As I mentioned 2 years ago, we started this process and at the end we received approval for 855 thousand square feet of shopping center. With this application and the approved addition to the center, it results in 75,000 square feet of additional building area to the overall shopping center. We are adding 13 acres to the project. A 13 acre development anywhere else in Meridian would have several times as much building square footage then we are adding and it certainly would have more traffic. This project will add about 1000 cars per day to the overall project. Yet, if the project were built across the street or down the street, the traffic would be much, much greater. We received unanimous approval from ACHD for this development and as I mentioned we are exceeding all of the conditions now in place for Crossroads. We have read and agreed with most of the conditions in the staff report and offer the following comments relating to the site specific conditions. Item number 6 on the site specific conditions, my understanding that is has been corrected on the plan submitted. Item number 8, this request as I mentioned on the plan would require some reduced of buffering along the existing subdivision and our hope is to proceed with the plan as we have tonight, with the modification to allow the enclosure of the ditch drainage area along there. Borup: Larry while your one that item, could you clarify the existing buffering. Durkin: Mr. Chairman, are you referring to the buffering along the Subdivision? Borup: No, along Item number 8 on Fairview. Durkin: The buffering along Fairview Avenue is 20 feet. That is our requirement. As staff mentioned it may appear wider then that. Borup: So there is no curb and gutter and sidewalk. Durkin : There is curb, gutter and sidewalk all along our project on Fairview Avenue. Borup: So there is some distance from the sidewalk to the property line. There is extra right of way there, okay. Durkin: The sidewalk is built in Ada County Highway District right of way and they have room to widen Fairview, move the sidewalk back somewhat. Meridian Planning at, Zoning Commission January 12, 2000 Page 54 Borup: Okay so that is what Steve was referring to then. There is some extra land – that you landscape that area now. I assume that be the same on the new section. Durkin: I believe so. That would be the same circumstance. The new section we are adding excel lanes and decel lanes to Fairview Avenue as a requirement of ACRD. I think you have received those conditions in your packets. I think we are going to be left with that same—there is going to be an additional gap between—we will landscape it down to the sidewalk. Item number 10 on the sites specific conditions, we have previously submitted a sign program to the city and have received approval on it. We have, I think you have in your packets, some of the different signs that have been approved by staff. It would be our intention to go forward with that same sign concept that we have for the over all center that we all ready have approved. Item number 12 is the point where with all due respect to staff, there was a comment here about—it talks about adding buffering along the future roadway. What's compatible with an existing use cemetery? I think it is important to point out here that we have a great distance between the back of the store and the buffer and then there is a wall and then there is a sidewalk and then there is a 60 foot right of way for the street. There is a sidewalk on the other side, but the cemetery services that would take place would be 100's of feet away and adding and additional 10 feet, would exceed the city normal requirements. It would be a burden on their site parking that was mentioned earlier and I really don't think is would accomplish any more compatibility with graveside services. In addition, the owners and operators of that cemetery have been supportive of this plan. Siddoway: Mr. Chairman, Mr. Durkin I guess I was not aware of the wall and I am just curious where is it on the back side of the landscape buffer, the 10 feet of landscape buffer will be along the road and the wall will be on the back side of that. Durkin: Along Crossroads Subdivision there is a wall along here. Our plans show continuing that wall along here and along this area, so there will be a six foot masonry wall screening the noise and the view all along the back here. It is actually shown on the— Borup: That's not on the landscape plan is it? Durkin: It is marked on here and it has been in our other testimony, but I don't think it is as clear as it could be. It is our intention and commitment through the Comprehensive Plan process and the rezone process that we will do so and it might be more clearly shown on – Borup: That wall be within that 10 foot. Durkin: Mr. Chairman I would like to hand you a blue line drawing that is more clear. Borup: Do you know what the plan number is. We may have it. Siddoway: The plan number is CU -2. Meridian Planning a, Zoning Commission January 12, 2000 Page 55 Borup: Is that L-1? Siddoway: Mr. Chairman, Mr. Durkin I guess I would just comment that that wall should be shifted to the –right now it is shown centered in that 10 foot setback and I think it should be along the western side so those trees can be planted in that 10 foot setback adjacent to the road. Borup: My shows it on the western side. Siddoway: Okay, my shows it center. Durkin: I guess when it come to that point I want to be on the record tonight that we are going to build a wall. I think that the staff would be qualified to pick the exact spot for it and if you would— Borup: Oh, Steve is right. The elevation shows is on the eastern side. The site plan shows it on the western side. Durkin: We will put it on the eastern side. The bottom right is the buffer area between (inaudible). Siddoway: I was referring to along Ventura. It needed to be shifted to the western side so that the landscaping was against the street. Borup: Okay I still didn't see it on my plan, but-- That was your intention anyway. Durkin: Yes. Item number 15 on the staff comments, the pedestrian walkway. I think that this should be discussed a little bit tonight. It is our intention to all pedestrian walkways will be striped in accordance with the ADA requirements. It is not our intention to put sidewalks down the middle of the parking rows. I have a --I can go on with that at length. I was not certain what staffs intention were there, but actually we researched that extensively for our recent Fred Meyer project we just received approval on in Boise. There are no grocery stores in the state of Idaho— Borup: Let's just ask Steve—the striping cover that. Siddoway: Mr. Chairman, Shari added to my comments and I have not had a chance to talk with her, I believe that her intention was to get the sidewalks in the parking areas the way he is describing so that, since it is such a large and lengthy parking stall with 50 deep, I think she wanted to get some way for the people to walk from these back parking stalls to the building without being forced to walk through the drive isles. (Inaudible) issue would be access from the sidewalk along Fairview into the site which maybe more easily accommodating. Meridian Planning a, Zoning Commission January 12, 2000 Page 56 Borup: I think the Boise Walmart does have a sidewalk pretty much down the middle of their parking lot to get to the store. Durkin: I will try not to act this out. At the city of Boise I actually brought a Fred Meyer shopping cart to the hearing and they are still talking about it. I did not bring a cart with me tonight. I'd just like to describe the circumstance. This is a blow up of the other section of the plan. When you are dealing with the retail operation that has grocery carts of shopping carts and your dealing with a municipality and a developer and a tenant that is in favor of having of having landscaping. If you are to run a sidewalk down in here then you have to say okay, we can't have trees there and sidewalks as well. I think that an esthetic matter but there is a more importantly there is a safety issue. The safety issue goes something like this. A grandfather leaves the store with a cart full of groceries and merchandise. Maybe his grandchild is in the cart. He is going along that sidewalk and encounters an abandoned cart. The grandfather needs to make the choice, do I leave my child in the cart and carry my stuff to the car and come back and get the child or do I leave my stuff in the cart, take the child, leave the child alone in the car and come back and get the merchandise. That is really what happens. The city of Boise make that a requirement for the Walmart at Overland and it has been a disaster and city staff and commission has agreed with that in the city of Boise. In the mall it is different. You don't have the shopping carts. Or worse, you can come down and find a stalled cart and try to cut through parked cars to get out. It is a design feature that does not work. We spent a lot of time researching it trying to figure out how it can work. It does not exist anywhere in the state of Idaho right now. There are some other areas and other parts of the country where it does. It is not save. In addition, if the staff's comment is from a safety standpoint, for the Fred Meyer project on Federal Way in Boise, we researched with the Ada County Paramedics and they have no notice of knowledge of any accident that has occurred in any grocery parking lot in Ada County, any serious accident that has occurred with this type of activity. It is just the way we go shopping today with carts and I don't feel comfortable as a developer, having an experiment in Meridian ID and having an accident because of it. It is a position that we are adamantly opposed to from a safety standpoint and it's a position that we are opposed to because we can't accommodate then the landscaping and lighting requirements. We ask you to have that —1 did not want there to be a misunderstanding of what Shari's intentions were but it is not our intention to go forward with any sidewalks down the parking areas. The last comment I have on that is item number 26 on site specific. The subject property is in the annexation process. The law firm representing the city has provided us with a draft of a development agreement that was sent back to them with some survey corrections and some name, identification corrections and that should be approved soon. We would expect that as a condition of our approval, we obviously have to complete the annexation and rezone matters that are going through the city process at this time. That concludes my prepared comments and I'll happily answer any additional questions that you have and I'd like to have the opportunity to come back and have a rebuttal when everyone else if finished testifying. Borup: Larry, maybe just clarify from item number 8, number 15, number 12 — Meridian Planning ar, 'oning Commission January 12, 2000 Page 57 Durkin: 8, 10, 12, 15 and 26. Borup: Okay, thank you. Durkin: Maybe a further clarification on that number 15 matter. I am not pleased with lack of striping on the site plan showing pedestrian access from Fairview to the store. think that will be used heavily. There is a bus stop out there and we will certainly strip that in a safe way. Borup: Thank you. I don't know if we have anyone here who would like to testify, but this is your opportunity. Come on up. I might say because the lateness of the hour, and we want to have an opportunity to hear as many as we can, two things are in place. If we have someone speaking in behalf of the neighborhood as a whole, a person is usually allowed a little extra time. That is assuming that everyone won't be standing up and repeating the same thing later on. Depending on it goes, we may have to limit the time as we go along. Yehle: My name is Ray Yehle. My address is 3607 E. Congressional Drive in the Crossroads Subdivision. I am also the president of the Subdivision which I took over in July of 99 from Capital Development. Mr. Chairman, Commissioner's at this time I'd like to reserve some time to come back to the podium, but first of all I'd like to address one issue and then I'd like to be excused and then be allowed to come back to talk about the project. Right now I'd just like to confront you with the fact that we never had an opportunity to meet with the developer as the association. Normally in Boise, on a project of this size, they allow, I mean it is one of their mandates that they meet with the associations, particularly if it is the size and so forth and with the traffic and everything involved as Walmart. I am just sorry that Mr. Durkin and his staff never contacted us and gave us that opportunity. I am representing 260 homes here tonight. We just feel that we were short changed in this because, we had a lot of issues to discuss about this. There is a lot of issues down the line that effect our Subdivision, our safety, health and welfare as well as traffic problems and future problems and other streets involved there, which is Presidential Avenue, as well as East Florence Lane, as well as north Records Avenue and we should have had a pre -meeting with him and the association and had that opportunity to discuss things before we ever had this meeting. Also, I want to say that we never received any notices about these hearings. Our address, the address that they were sent to by the City Clerk's office I assume, after talking to the City Clerk and talking to Steve Siddoway and one of his assistants and with Steve, she had mailed it I think to Capital Developments address. Borup: We do have your letter Mr. Yehle. Yehle: Oh you do. But we have people here that don't know what happened. There was no notices that we received. I hear that there is a claim that there was a forwarding notice sent, certified mail and so forth to the post office to our P.O. Box and we never picked the notices up. They said that you would present those to us at the meeting showing us that was so tonight. I would like to see that. Meridian Planning ar,�:oning Commission January 12, 2000 Page 58 Siddoway: It is right here. This is the letter sent December 21, 1999. It was addressed to Crossroads Neighborhood at the address he says in Boise, which was then forwarded to P.O. Box 409, Meridian, ID. The post office put a stamp saying first notice, second notice and return and it was returned to the City of Meridian. We received it back on December 30tH Borup: Does that answer your question? Yehle: I would like to see it if you don't mind. Borup: I think that can be arranged. If your done with your testimony or is that going to be a part of it? Yehle: This is part of it. It was sent here. The P.O. Box is right there in the post office. Borup: Is 409 correct? Yehle: That is correct and also the land board had our correct address. We paid our taxes in 99 in November and that is the City Clerk's office to get our correct address from the land board. These hearings, we are supposed to be represented here. We are not— Borup: Let's go back. 409 is the correct address. The post office has stated that they sent that to that address. Yehle: They sent it to Boise to Capital Development's address to Crossroad Neighborhood to 2304 N. Cole Road. It doesn't say anything else on it. Borup: Let me take a look at it. This says it went to Post Office Box 409 Meridian ID. Yehle: It was forwarded but we never received it. (Inaudible) Borup: All we can rely on is what the post office tells us. Yehle: I would like to have this to take to the post office because this is a government affair now and I want that as evidence and I want a copy of that because I going to the post office (inaudible). Brown: Certified mail requires that someone be there to accept it and if they don't then they send it back. Barbeiro: These are all issues that the commission has no bearing on. If there was a problem with the post office we can not address this. Meridian Planning an., oning Commission January 12, 2000 Page 60 square foot, both grocery and retail development going on that site. You had representatives from your neighborhood here. I can think of four or five people who did come here and did comment. In fact a number of those people met in the lobby with Mr. Durkin after the first of the five meetings to discuss what was going in there and the details for that. Yehle: Sir, I disagree with you. I don't want to argue but I will leave it open to some of the other residents to comment on that, but I did not know anything about it and as president of the association not my vice president or assistant vice president or anyone on the board of directors and I am on the board of directors. I am at every meeting. It has never been discussed. This is the first time this has come up that we knew anything about it. December, when it was published in the paper and that is where we got wind of it. It was published on the site out there. This is just an unfair situation when it involves 260 homes and we are being cornered in there by a commercial development. We have not had a fair shot at this. That is why I recommended in that letter that you delay this hearing for a month and give us a chance to meet with Mr. Durkin and so forth and resolve all our issues with him and that would be fair. This is not a fair hearing. Borup: We are here to gain testimony not to argue the merits of what was right. Sir do you have any concluding comments. Yehle: That's where I stand at this time. I'd like to reserve to come back and talk about this. Borup: What would you like to talk about later? Yehle: I'd like to talk about a lot of issues. Borup: You've been here for 10 minutes and that is what your supposed to be talking about. Yehle: Okay. You should have just held one hearing for this issue of Walmart. You shouldn't kept it this late and then give us time to resolve these issues that should have been resolved prior with Mr. Durkin and— Borup: Is there anything concerning this that you'd like to comment on other then what we've done wrong. Yehle: I'd like to comment on a lot of things. Okay, first of all the drive. It comes right off our entry way of 41 feet. Then you want to reduce it. First of all we don't appreciate blocking our entrance to Crossroads Subdivision on North Records Avenue with that traffic, with the trucks that is going to be pulling in there and with the other traffic that— Borup: What trucks? The delivery trucks are going to be coming off of Fairview. Meridian Planning an. oning Commission January 12, 2000 Page 59 Yehle: The city code states that we are supposed to receive notices and nobody has done that and that is a requirement. Now the other –everyone within 300 feet out there and we own property as the association so had we received notices, we would have had meetings on this. We would have met with him. We only knew about this as of around December the twenty some whenever it was published in the newspaper. That is the way we found out about it, so this meeting shouldn't even be going on tonight. Barbeiro: I'd like to make a point and with Mr. Dunkin's verification the Comprehensive Plan change which did call for a 200,000 square foot building to go on here, went on for 3 months and were held for 5 hearings including the Planning and Zoning Commission meeting and the City Council hearing. We have had five hearings over the last 4-1/2 months on this particular issue. You were unaware of any of those 5 hearings over that 3 month period? Yehle: You were in zoning changes and so forth and it had to do with land. It did not have anything to do with a store. Nobody knew Walmart was going in there -260 homeowners out of 260 1 took a petition to which has to do with streets and everything that is going through to the ACHD, and you have a copy of that, there was only 2 or 3 that knew anything about a Walmart store. Borup: That is correct sir. The name was not mentioned but the size of the building and that it was a multi -use retail and grocery store was told. Yehle: It was changed. Infact— Borup: What was changed sir? Yehle: The building. After all, if you don't know about something, you don't know about it. Borup: The building got bigger or what changed? Yehle: The size of the building and everything. Originally there was a smaller building on the property. Borup: Your talking originally from two years ago. Yehle: Well, yes. Borup: Okay we are talking from 6 months ago. Yehle: There wasn't anything about a building. It was only land changes. There wasn't anything about building. No Walmart or anything like that. Barbeiro: Sir, the name if the retailer was not included, but in each of the five hearing over that 3 month period, it was decided and clear that there was going to be a 200,000 Meridian Planning ar. _'oning Commission January 12, 2000 Page 61 Yehle: No, the delivery trucks is coming off of North Records Avenue. Borup: Records to turn in the other way. Yehle: Right 41 feet off of our entrance to our Subdivision. They come down North Records they are going to have to make a left hand turn across us in front of our entry way and down along the back side adjacent to our property and then back to the back side of Walmart. That is one issue we don't like. Borup: Would it work better for you if the loading docks were facing toward the Subdivision rather than away from them so the trucks can come in the other way. Yehle: We would much rather the trucks come in another way. Because of the traffic congestion— Borup: Do you realize what that would do. That would put the loading dock facing the Subdivision rather then facing Fairview. Yehle: Well their design they should have thought about all of this before they presented it and talked to the homeowners. We are talking about the truck noise. Trucks warming up and coming down there constantly, lined up there. We are talking about the lights, the glare and everything and so forth all along that back wall where the neighbors back property is facing North Records Avenue. We are talking about a lot of issues there that exist now over there on the west side of the shopping center with glare lights and so forth the neighbors have complained about and the lights are still glaring in their windows and nothing has been done about it. We've got a lot of problems over there that we can eliminate over here by meeting with him first. That is why we should meet with them as a board of directors and homeowners and resolve all these and we wouldn't have to be here for a couple hours. We got a lot of other issues. Safety issues. Right at the entry of our subdivision on North Records Drive you got all the parking and everything and it is all facing west to North Records. Okay, we have common areas just a few feet across the street on East Florence Drive. Okay, all those houses are backed up to this common area. They have little wood fences 3 foot high see through. Our covenants state we can't allow them to put 6 foot high fences up to protect their property. They are stuck with these fences. Borup: Sir. Yehle: Wait a minute. Borup: No, you wait a minute. What does a park in the middle of your Subdivision have to do with this project. Yehle: Because you open this up to crime and everything else and to people walking across the street, walking in to our Subdivision in our common areas, particularly at night and when people on vacation— Meridian Planning an,. —oning Commission January 12, 2000 Page 62 Borup: Okay there is your point. What is your next one. Yehle: Okay, that's a big problem right there. Another thing, Presidential Avenue isn't developed yet. When it is developed we will have the same problems here we are going to have on North Records with the traffic. Okay, going in and out. Having to wait on traffic coming out from the parking lot, turning on North Records and we are going to be like all those people on Locust Grove that's been complaining except we will be ten times worse. We are going to be very angry and upset. Barbeiro: But now you'll have a traffic light on Records Drive which you did not have before which will greatly relieve you. You could never have made a left hand turn off of Records Drive prior to having that stop light there. Now you will have the opportunity with the light and safely to make that turn. Yehle: Mr. Barbeiro, have you ever been to Walmart on Overland Street and shopped there. I have probably at least 50 times and it is the worse place for me to go in this town. The traffic there is terrific. Sometimes I can't even get parked. Sometimes I can't even get in the street to leave there and it weaves in and out and people don't wait on you. They just pull out from the stop sign and cut you off and everything else. They have a terrible traffic problem over there. We are going to be even worse then they are on Overland with the Walmart. We are going to draw people from areas that won't go to Overland, will come to Meridian. It is going to compact or impact us considerable more than even at Overland and make the problem way worse. First of all and in the beginning, we had a private drive so to speak. It was a public road but we didn't have those accesses coming in and Capital Development sold that to this organization without 2/3's of the class A and class B membership of our Subdivision. Borup: What did Capital Development sell? Yehle: They sold our common areas on Eagle Road that was right at the entry to Presidential Drive where our big rock set which no more belongs to us but to this development company. They sold our islands in the middle of Presidential— Borup:. Could we get back to items that are pertinent to this. Yehle: Well that is a civil matter and we could take that outside of this courtroom, but it does cause a problem because there is no stop light on Presidential and going in and out of this Subdivision and with that traffic when they get it built up its going to be a problem and we won't be able to make a left turn onto Eagle Road so we will have to make right turns so the only street we can depend on for 2 years until they get Pine Street in, is going to be North Records Avenue. Barbeiro: So it is your contention that a left turn is more difficult now from Presidential on to Eagle then it was two months ago. Meridian Planning anc. —oning Commission January 12, 2000 Page 63 Yehle: Oh definitely. Not only that everybody that comes into there and everybody that comes to turn in there and everybody that sits in the middle and everybody that goes to turn left gets out there and gets in the middle, your sitting there a sitting duck for cars coming 50 mph coming this way and 50 mph — Borup: Can we get back to the— Yehle: Well, this is traffic. This is something that planning should consider whenever you approve a project like this. What you are doing is causing us to risk our lives sitting out there and so forth. That is a state issue because that is a state highway. Let's go back to the other street, North Records. It is no more a residential street. It used to be and it was supposed to be put in there for a fire access but it was sold out by Capital Development to this organization. They developed it and now they want accesses off of it because they got buildings in there and everything. We don't have any type of a residential street. END OF SIDE 5 Yehle: It is all commercial streets now. We are hemmed in there. We are blocked in there and it should never have happened. With Walmart going in there its going to make it worse. With all the other developments that is going to go around us, and the development that is going to go east of us by Clark Development and then if they come in there and tie East Florence in to this Ventura Street, then they are going to take it on south and go to the other Subdivision. Then they will go east probably to Cloverdale Road and then they are going to come through our Subdivision. All we do is just have all this cross traffic going from one end of the Subdivision to the development to the other. When they get Pine Street in they will be able to cut through there and go to the west and go to the north and then go to the east. We can't have that. We can't. We can't put up with it. It's got to be stopped now. We've got to do something about it now. We should have all this taken care of prior to this hearing and come in here and then talk about the building. That is where I'm at. Borup: Okay, thank you. Any one else like to come forward in the little time we have left. Fugel: My name is Kent Fugel. I live at 3943 E. Presidential Drive in the Crossroads Development. If I could I'd like to talk about the traffic and my background is that I am a professional engineer specializing in traffic and I see some problems with ACHD's report on this project that I'd like to talk about for a second. I would like to go over to the board. The concern that I have with this project is that the ACHD report addresses a number of trips that will be generated. It talks about the fact that some of the trips generated by the development are pass by trips. They don't really add new trips. All that I can concur with. The one thing they leave out completely in their analysis is the potential for cut through traffic for Crossroads Subdivision. I think we can see that a little better on the other map over here. The problem that I see on this is the further the parking get—the closer they get to the Crossroads Subdivision the greater the likelihood Meridian Planning ana z-oning Commission January 12, 2000 Page 65 Swartley: Mr. Chairman, I have one question. How did you find out about this public hearing? Fugel: I found out about this public hearing by a flyer that was brought around today. Swartley: Will, did you just send out —did you send out notices for all affected property owners within 300 foot radius for this conditional use permit here. Berg: Mr. Chairman, Dave I sent out as per ordinance property owners within 300 feet of the project, which was submitted to us I believe November 18tH Swartley: You didn't just send out one letter to homeowners association. Berg: No. As a requirement they posted the property and we noticed it twice in the newspaper. Borup: Anyone else. Bossinger: My name is Don Bossinger and I am a homeowner at 3890 E. Presidential also in this subdivision. My concern was that I wasn't pre -notified so that I could discuss some of these but luckily out here in the hallway I was able to meet with Mr. (inaudible) and talk about some of those issues. That helped a lot, but unfortunately you can't think of all the issues and look at the plans and get all your issues addressed in the short period of time before the meeting here. I think that is important. The only concern that I have at this point after resolving with Mr. Larkin is the increase in traffic. When our subdivision was first started and of course it has been in 7 different stages, but when it was first started we had E. Presidential that was exiting onto Eagle. Of course we know that we have increased the traffic on Eagle quite a bit. We had Records. Records gave us a second way to access our neighborhood. Then with the development that was coming in we put the light on records, which was on Fairview and Records and helped a lot. Now we are going to a 200,000 square foot store and the amount of increase in customers that is going to be at that store and the traffic is going to drastically effect Records and Fairview. I think that ACHD needs a recommendation as after your recommendation not to approve the project and that they go back and take a look to make sure that the flow of traffic is good or can be better. Also, ACHD future plans include the development of Florence, which will connect up and should flow on through. As Mr. Fugel has brought out, it will increase the traffic through our neighborhood and we are very concerned about that. I thought Mr. Fugel has an excellent idea and should be very well considered by this planning commission that by rearrangement of the parking lot and building we can alleviate that. That is what my concern is. Thank you. Borup: Do we have anyone else. Pearson: My name is Eric Pearson. I live on 1225 N. Principle. The street is directly off North Records. You just take a short jaunt on Florence and I maybe 100, 150 feet Meridian Planning and z-oning Commission January 12, 2000 Page 66 from the buffer zone, as it goes along the back of the homes. One of my biggest concerns obviously is traffic. We've gone over that. The other concern I have is in the parking lot it is awfully large. With the construction of Shopko and all the lights in there, from my backyard I can look directly into that parking lot and at night it all most looks like I live next to a car dealership. It all most looks like it is in the daytime. My big concern is with all that light. I honestly can not see out my hark %Alinrir IA,� 11� 0 live Meridian Planning anumeoning Commission January 12, 2000 Page 64 of people using the Subdivision as an alternate route to get out as these other intersections become congested. If this project had been developed the way the way it was originally planned, would have had a building here, parking would have been out close to Fairview. There would not have been as much as a tendency to come back this was through our development. I don't have any beef with this project becoming retail commercial, which is what you just went through with your Comprehensive Plan amendment. Given the nature of Fairview Avenue, that is probably appropriate. What I do have a problem with is taking all the retail commercial space for this entire piece here, putting it all in this location that puts all the parking in this location right next to the entrance into our development. It is going to have a much more serious effect on our traffic then it would have had this been developed according to the previous plans that you approved. That is where I have a complaint with this and I think this is an issue that you need to take into consideration. I don't have a problem with this property being developed as retail commercial. I have a problem with the layout. Borup: Your saying that your preference would be to have the building against the south border. Fugel: I am talking about a traffic standpoint which is my background, yes. I am not a homeowner right here. I don't know what their preferences are from a visual, esthetic standpoint, but in terms of traffic and how that impacts our development, I don't think there is any question but what the impact would be less had this been developed the way it was originally planned. Even if you were to put in this much square footage and stretch it out with the parking all fronting along Fairview Avenue in stead of along Records Drive. So would be my comment to you. For that reason I strongly urge that you not approve this. They need to go back to the drawing board, get the parking back out by Fairview where it belongs and thereby minimize the impact that they will have and the amount of cut through traffic through our development that would be encouraged by what they are doing here. Barbeiro: It is your argument that people would rather cut through here and go to a non stop lighted area with an impossible left hand turn, verses coming back up Records Drive to a lighted turn and turn left. Fugel: The problem is that won't always be a situation where the only thing you can get to is a non stop lighted intersection with no left turn. As Pine Street get developed, which will happen within the near future, there will be access to Pine Street from the Crossroads Development and that provides the (inaudible). If you look at cars that come off here, they make this one little jog over to Principle Drive right here and they have a clean shot all the way through the development without stopping to get on over to this other side. That is where I see that we are aoina to have problems. The more Meridian Planning anu mooning Commission January 12, 2000 Page 67 P earson. I received a flyer in my door when I came home for lunch announcing that there was going to be a hearing on Walmart. I also noticed when I read the paper also at my lunch hour, that there was a little notice on there. I have not received anything else regarding what is going on. Borup: Anyone else. McKnight: I'm Becky McKnight. I live at 899 Principle Way. Safety is the big issue. My biggest question is I want to know where the truck will be coming in at. From what I am noticing they are coming in on Records Way and I just want to make sure that is appropriate so to speak. I don't understand why they can't take the easeman that is behind the building up by Fairview out and have the truck coming that way. For me a big issue is the trucks coming in on Records where as opposed they can't —1 don't understand why they can't come in on the other side. Borup: Coming down Fairview you mean. McKnight: You see where Ventura is going to be supposedly, why can't they take out where the wall is back on the back side. The first entrance closest to Ventura. I don't understand why they can't take— Borup: Because they'd have to make the turn. McKnight: Why can't they take the trees and stuff out and widen it there and have the truck come in there. Borup: The trees would not be enough to make the turn. They could enter from Fairview. McKnight: That's what I meant, I'm sorry. I meant from Fairview coming in off Fairview. Coming in the back side of it instead of the front going all the way around. Borup: I don't know what that does to the building design, but that would put the loading docks facing the Subdivision—well there is no Subdivision in that area though. Thank you. Anyone else. Hughy: My name is Don Hughy. I've lived on North (inaudible) just off Records for a year and a half, I have been advised by my son who is a safety Ada County Highway Department to not use Eagle Road, because you can't get off Presidential Drive on to Eagle Road. He says it is unsafe and it is dangerous and he advised us to go down to Records stop light, go down Eagle and then get on Eagle. I noticed that before they put the stop light on Fairview I was able to make a left hand turn. Maybe you couldn't, but I could. Another thing I'd like to bring up he mentioned sidewalks into the parking lots and what not, maybe that's not right, but you think it is safer to push a kid through a parking lot with cars backing up down the driveways. When I was notified of this was today. First I heard. Meridian Planning ano mooning Commission January 12, 2000 Page 68 Borup: Are you within 300 feet of the project? Hughy: 300 feet. I am located just—I come in on Records and make a jog there and then turn on North Caucus Way, which is down there just a little way. Barbeiro: So you are more then 300 feet from the border of the project? Hughy: Oh yeah, I am farther away then that, but then I am just speaking of a danger point of Eagle Road and stop signs and not being able— Borup: We just wanted clarification on the notification aspect. Anyone else. Mr. Durkin do you have final comments or would you just like to go with our questions. Siddoway: Mr. Chairman, I would just like to point out that the gentleman that I was just speaking with who testified earlier and said he was within 180 feet and did not get notified is closer to 500 feet away — Borup: If he was across the street it would have had to been 500 feet. You said 500 feet. Siddoway: Yes, and I believe that mailings were sent out to all of them within 300 feet and the only reason that the homeowners association was sent a letter was because they own common areas that have their name and address on them within 300 feet of the property. If they did not own any common area of 300 feet, only those property owners within 300 feet would have received those notices. That's all. Borup: Mr. Durkin, do you want to try to make this— Durkin: I have an important comment. First of all, I want to confirm the number of meetings that we had on this matter. I want to represent to you and I know Will could go back to his storage room and get these right now, if asked. The site plan—that is a very, very close representation of the site plan that we used at everyone of the public hearings. We did talk about the buildings. I really wish Meridian would go back to the swearing in of parties testifying because I think that the testimony is a little more accurate when you did that. I have met with several board members, including the gentleman that testified at previous meetings and I have asked to come to their board meetings. I have been told that they meet infrequently and that they would contact me when these meetings occurred. They have never done so. I have given them my card and I have stood up here in front of this group over the years. We wanted to be a member of the Crossroads homeowners association. We wanted to be a contributor to the Crossroads homeowners association. We want to be a good partner and a good neighbor with them. We have not been welcomed with open arms. As far as the traffic matters are concerned, as I mentioned we had a hearing Wednesday night at Ada County Highway District. The president of the homeowners association was not at that meeting. To my knowledge, no one from the board has contacted ACHD with the Meridian Planning ana —oning Commission January 12, 2000 Page 69 concerns expressed tonight, but the concerns expressed tonight regarding the streets and where they are going and how they get there, is fully out of my control. There is a big map and we are told where they go and what happens and it is out of my control. I don't believe it is in the City's control. They are not matters that we can have any impact on. Yet, as a former president of the Lakewood homeowners association, a group of about 950 homes, I was the president for 3 years, just leaving about a year a go. I can tell you it was very effective when we had traffic concerns as a homeowners association to contact Ada County Highway District and I have recommended that to the —a couple of the board members this evening. We had talked as a group before these meetings. The plans that were shown tonight are consistent with all the plans that have been all the meetings. I am positive that Will keeps these props in a safe place. If the matter ever comes up I am sure that he could go get those. Regarding the cut through traffic, or cross through traffic, I've built a lot of these shopping centers and I know a little bit about it, but Pat Dolby is here tonight. Pat is a traffic engineer. Did the original traffic study for the entire shopping center for Planning and Zoning and for the City of Meridian. He has done a number of updates and modifications to it as the plans changed over the years and has submitted those updates and had those updates approved by ACHD on a regular basis. I have asked him to come to night because I figured that some of the traffic questions would come up and he is available to answer any of your questions that you may have regarding cut through traffic and what he feels is likely to occur and what isn't. Another point I wish I had mentioned in my earlier testimony, although it does not have any bearing on this particular application. I think it should inform you and then I will sit down. We recognize, I drive Eagle Road everyday, I recognize that it is busy. I think it is too busy. I don't think it's real safe. When we went through our original approvals with ACHD for this overall shopping center, ACHD put 34 requirements on us for various different improvements along Eagle Road and Fairview. Two of those requirements were to widen the Eagle Road and Fairview intersection and to construct and install a stop light at Pine Street. As hard as we have been trying over the years, I think many of you are aware of this, Ada County Highway District, nor the state of Idaho will allow a stop light at Presidential, but they will allow one at Pine Street. When we develop an area south of the property we are required to install that stop light. About 2 months ago we went to ACHD and had a meeting with their staff, that we would like to ask you something unusual. We would like your permission to expedite this, because I think it is dangerous because I travel it everyday. The design is underway right now for the full widening of the Eagle Fairview intersection. The design has been by us and paid for by us. In addition, the preliminary design work is complete for the stop light at Pine Street and Eagle Road and I would expect those —1 can represent to you tonight that those improvements are going forward several years ahead of schedule and accordance with our requirements with ACHD. We think it is the right thing to do and they are underway right now. I am happy to answer any other questions you might have. Borup: Questions for Mr. Durkin. Mr. Brown. Brown: Parking lot lights, do they have cut off shields or anything like that. Meridian Planning ano –oning Commission January 12, 2000 Page 70 Durkin: Yes we do. Our parking lot lights are done in accordance with the Meridian code and they are shielded. My office is near BSU stadium and I can see the lights from 5 miles away. They are not shining on me, but I can see them. I can tell you that no lights on this shopping center property at all should have any glare across the property line on to the adjoining residential properties. If they do, we will fix it. They are not supposed to. The lighting contractor that installed them is supposed to make sure that that does not occur. They do have shields and protection so that is not supposed to happen. It is a pretty common adjustment in the first 6 months of a new center. Brown: Is Mr. Dolby going to address the truck traffic. Durkin: I think one thing on the truck traffic that we talked about or came up, I don't know what Pat knows about it and he is certainly welcome to talk about it, the truck traffic projected for this building is comparable to the truck traffic at the Fred Meyer at Locust Grove and Fairview. That estimate is about 18 trips a day -18 vehicles a day during the normal course. I think it is fair to assume that during Christmas time you will find a little heavier and during the slower times it will be later, but that is the forecast for the trucks. Borup: Anything else? Would the expected route for the trucks be down Records, left in to the project and then behind the building on the east. Durkin: I would expect for the traffic for the trucks is going to come back up here and this is a right in right out only— Borup: That would not work for an entrance for deliver then. Durkin: Well it would if they came this way. There is a couple types of delivers. You've got semi's and you've got vendor trucks- the beer guy, the bread guy, they would have a lot of options to use other entries. But the semi's unless you reconfigure the building and the dock and everything else, our feeling was that this design from a loading and unloading standpoint, and go back to the Home Depot saga on Milwaukee Street, you did not hear many complaints about the trucks delivering the inventory. Your complains that you hear are from the loading and unloading of the truck. It is our desire to have that occur in the absolute least offensively way as possible. All these people aren't going to be too concerned about it. I don't know what is going to go here, but if this row of houses were to continue or whatever the way this is configured, we feel the design is the least—will have the least impact on any of the residents. To re-route that and change that, if they came in here, they would have to go out this way. It is 6's. I think a lot of people have a miss understanding on how many trucks there are a day and it would be unusual for there to be anymore than 18. Borup: And one of those would be a semi. Durkin: I am talking semi's. Meridian Planning ana —oning Commission January 12, 2000 Page 71 Borup: Oh, 18 semi's. Fred Meyer has that many. Durkin: That is what I've been told that Fred Meyer has 18 semi's. This is the same kind of store, similar size. Borup: I drive by Fred Meyer a lot and very seldom see them. I don't know what time of day they come. Any comment on relocating the building. You partially answered that. You felt that would be least offensive with the loading docks. Any comment about relocating the building on the south property line. Durkin: I think we have heard testimony from the Crossroads residents, they like to look at the mountains, they like to do this. The building the way it is now has the least impact at least from a view standpoint. We still have the benefit of the screening from noise—it will actually reduce the noise from Fairview. To turn the building around and put in on the south line, it is a fairly long back wall to that building and that will be backing up roughly 80 feet from the houses -85 feet from someone's—not their back lot but their back door. I think the way it is now, it is backing up to another street and a occupied cemetery. I can't believe the president of the homeowners association or anyone else would stand up and say no, turn it around and back it up to our residence. I think that would be a real negative. Barbeiro: Larry, as I recall in one of the Planning and Zoning Commission meetings we had for the Comprehensive Plan, at least of three of the residents came in and were extremely concerned that your placement of the building would cut off their view of the mountains and you were able to discuss with each of those three, both here and out in the hallway and explain and show them that the placement of the building would not interfere with their view of the mountains toward the north. Now, of course if you turn the building you will anger a number of residents who you made assurances to that their views would not be interrupted by a building. Durkin: I think some of those people were concerned. They weren't quite sure where they lived and then they weren't sure where the building was going. When they saw the plan, they figured out exactly where their house was and where the building was going. I think there is record and letter in your file from the council and planning and zoning hearings that people saying that they did not feel that their view—but that was a big issue. Borup: Anything else for Mr. Durkin. Does anyone here like to hear from Mr. Dolby. Any questions on the traffic. Barbeiro: I would like the neighbors to hear his comments. Pat, prior to your testimony, could you for the neighbors describe your education and certificate so that they are aware of your background. Dolby: Mr. Chairman, Commissioner's my name is Pat Dolby. I am a traffic engineer. My office is in Boise Idaho. My background is —1 am a civil engineer. I use to work for Meridian Planning anc, _,)ning Commission January 12, 2000 Page 72 the Ada County Highway District and I prepared the original traffic analysis for the Crossroads Subdivision and for the commercial portion of the Crossroads Subdivision fronting on Eagle and Fairview. What is proposed here is the manifestation of the original plan for that development. The question was raised about cut through traffic going from the commercial area back through the residential portion. My experience tell me that people cut through neighborhoods only if they can save time. If it is a shorter travel time to stay on the arterials, they will stay on the arterials as opposed to wandering through the Subdivision. With the improvements that have been made with the signal at Records, the additional lanes that were added to Fairview Avenue, the duel left lanes on all of the approaches to the Eagle/Fairview intersection and the signal timing changes that are going to be made at that location. It is going to be much more efficient and much quicker to stay on the arterials then to wind your way back through the roads in the Subdivision. It is not a very direct alignment through the Subdivision to get out to the future Pine Street. It is even less efficient to get out onto Presidential Drive because it is not signalized nor is it going to be. Another comment that was made that should be addressed is it has become more difficult for that traffic to make a left hand turn onto Eagle Road. The difficulty in the increased congestion is not a result of the development here. It is the result of the increased traffic on Eagle Road. The capacity of an unsignalized intersection is determined by the flow of the traffic on the arterial. As you probably heard from the Touchmark project or the St. Luke's project, the volume of traffic on Eagle Road has increase substantially over the past few years. Since that five lane section was complete, they've been experiencing a 20 percent annual growth traffic volume. That is the major problem that is interfering with the operation of that intersection. When the signal is installed at Pine Street, things will improve because Pine Street Signal will work in conjunction with the Fairview signal and it will tend to group the traffic and bunch them up and create gaps in the traffic stream that don't exist right now. The traffic is fairly random on the time it gets down from Franklin and the Pine Street will tend to aggregate the traffic and it will make it easier to come out of Presidential Drive. The majority of the commercial traffic over on the Eagle Road side of the project, will filter down from the Pine Street signal or they will tend to aggregate at the Records signal and I really see no reason why they would cut through the Subdivision unless they lived there. I think the highway district reached the same conclusion and that is why they did not recommend any discontinuity be introduced into the road system. Borup: Any questions for Mr. Dolby. Brown: Can you address the truck traffic. Durkin: I'd like to correct some testimony I just made because it is a significant change. The 18 trucks a day estimate was for all of the inventory for this whole store. We have an engineer here tonight from Seattle who is intimately familiar with this store and the operations and she just informed me of a mistake that I was making. There is two different loading areas for the store. There is one here and there is one here. This is the grocery loading and unloading area and this company by the way, the vast majority of their trucks are owned by the company. The drivers work for the company. It is Meridian Planning ana —oning Commission January 12, 2000 Page 73 consolidated or yellow freight they are employee of the company. This is the food delivery area only and this is general merchandize. What they are anticipating and they will be directing their drivers to do —this is the general merchandize entry loading and unloading. By the way, we have the same quiet wall going in —it is a sound wall. The trucks will be between here and a 24 foot -12 foot sound wall backing up to this and that same thing goes for over here. The total semi deliveries for the store would be 18 but certainly no all of them would be going this way. One a small number of them would be going this way. Borup: Thank you. Commissioner's, what would you like to do. Any discussion at this point. Fugel: Kent Fugel. In rebuttal to one of the comments that was made regarding the cut through traffic, it is true that people will take the shortest route time wise. The problem is, the intersection out on Fairview and Eagle Road do not operate at optimum levels of service. They are very congested. There is considerable delay at those intersections and as the traffic continues to increase over the next 2 or 3 or 4 years, that congestion is only going to get much worse even with the proposed improvement. Therefore, it will be quicker to cut through the development then to go out and fight signal at Records and Fairview then at Fairview and Eagle and then head west on Eagle Road that way. That is why I say there will be cut through traffic and that is why I don't think you should development as its proposed. Borup: Commissioner's, how would you like to proceed. Barbeiro: We still have the discussion of the items Mr. Durkin brought up over 8, 10, 12, 15 and 26 to concern ourselves with. Borup: I think that would be a good place to start. Number 8 was in the landscaping setback on Fairview. I think the reason staff put 35 in there, that's been somewhat of a desire for entryway roads. My concern would be—it was all ready approved at 20 feet on the previous face which was -1 am not sure if we wanted 35 feet, it was stated back then. Does staff have any different views on any of those 5 items after hearing testimony. Siddoway: I do not. The 35 foot has been a standard request along all entry way corridors in the year that I have been here. I was not here 2 years ago when this went through its original approval process, so I can't speak to why they got approved at 20. The signs, I put in there that, Item 10, 1 had raised a question that other businesses along Fairview in the last year have been held to 72 square feet and commission and council need to decide what is appropriate for signage. The signs that they are proposed are in line with what was approved for phase 1, so no real issues there. The 25 wide planning strip adjacent to the cemetery, I was not aware of the wall at that time. I would agree that the wall would provide significant more buffering I was anticipating. The walkways continue to be somewhat of a concern. I understand the issue of the grocery carts being left and not being very usable. I guess I would defer to your Meridian Planning ana _oning Commission January 12, 2000 Page 74 judgement on that. We certainly need to make sure that as he suggested he will do strip access areas for pedestrian to come off Fairview into the site and get to the building. The ordinance does state that off street pedestrian pathways should be encouraged in all new developments. I would raise the issue but understand the potential problems. On item 26 the rezone and the annexation having not finalized, I think the issue there that the final action on the conditional use permit by City Council can't take place until those items are in place. I don't know if that hold you up as a Planning and Zoning Commission. That is it. Borup: Thank you. Back to number 8. Barbeiro: On number 8 my thoughts would be to remain consistent with the shopping center as was before and continue with the 24 setback. Borup: The 20 foot is just a parking lot area and they've gone to 30 Barbeiro: I concur with the developer, keep it as he has it on the plan he presented to us tonight. On number 10, the proposed sign height and mass, similar signs approved for the current phase of the family center, Steve do you recall how big the R.C. Willey was. That was far larger than 72 is that correct. Was it 120. Siddoway: Boy (— Borup: Yes, it was bigger then the 72 and the comment I remember that the size of the project has some bearing on the sign sizes. Barbeiro: I would concur with that. (Inaudible sentence) I would defer to the developer on that. I'm not— Borup: On number 12 your saying? Barbeiro: Yes. Borup: I have looked at that again. The landscaping plan did not indicate the fence, but the site plan did . Barbeiro: Okay. The five foot wide sidewalks must be provided along Fairview Avenue. I am not following what—is that in addition to what (inaudible) standards are or— Siddoway: That is standard. It is a City of Meridian requirement, so we state it as part of our ordinance as well. Borup: So I think the interior, the second part of that is the issue. Barbeiro: And Mr. Durkin with all due respect, I do like walkways down the center even though I do understand the possibility of having carts congested in there. I imagine that Meridian Planning ana _ening Commission January 12, 2000 Page 75 there is manner to build those. It doesn't necessarily have to be a concrete sidewalk. It could be some other manner that allows for a dedicated walkway and still allow for a inversion END OF SIDE 6 Barbeiro: shopping cart collectors at a various stage along that may work well. I would like to keep the provision for a pedestrian walkway but I don't necessarily believe it has to be a concrete walkway. Item 26 of course is a procedural item that will be taken care of within the City Council. Siddoway: Mr. Chairman, Mr. Barbeiro I would point out that requiring the walkways to go down the center of isles would eliminate the landscape islands that they show because those islands simply create compact parking stalls and putting the walkway down the center would remove those. If you do require those walkways then the islands should be required to be more to take a place of a stall in the center of the island so that we are not loosing the landscaping by putting the walkway in, which would also reduce their parking to below what our standard is and require them to get a variance. Barbeiro: I understand that. I am stating what I prefer. If it doesn't work, it doesn't work and you don't do it. Borup: Your talking one walkway down the center of the parking lot. Barbeiro: Larry said he had an engineer here from Seattle. What means have they used for dedicated walkways in the parking lot. I know that the (inaudible) Walmart in Boise has a concrete one but I have also seen ones where they have just gone down through the center (inaudible) which is a striped area of asphalt and this is essentially a dedicated area that might have a curb or cars might come into it without having a dedicated concrete sidewalk. Dailer: I'm Rhonda Dailer with Pacific Line Design out of Seattle Washington. We are the civil engineer on this project. They would weight the option of either doing a asphalt strip or a concrete curb. The ones we've been dealing with have been the concrete curb sidewalk that would go down the middle of the parking lot area if they have to go with that option. We would have to consider that you'd have the cars that would go on either side then that would limit your pedestrian pathway as we have to determine the width we would have to go with that. More or less, probably a six foot sidewalk. We also would have to consider the fact we going to lose some stalls and we are also going to lose some landscape area. Barbeiro: In the event of placing any sort of dedicated walkway no matter how it is designed, does take away from the required parking and of course we can't do that because of the city ordinance and their requirement. The dedicated walkway is nearly a preference not a requirement. Meridian Planning and ening Commission January 12, 2000 Page 76 Dailer: Right and we can take a look at that and meet with planning and zoning to determine if this option would work. Barbeiro: And that would be what I would ask them. If you can prepare a dedicated walkway without impacting the required parking that would be a preference. Dailer: Yes we can definitely do that. Borup: Is that possible without reducing some of the buffering. I don't see how. Your going to a dedicated walkway, is it 6 feet? Your going to need another 6 feet from somewhere. Dailer: We were just saying we'd probably lose some stalls and so we will go back— Borup: I don't think there is any stalls to lose. Barbeiro: In the event of that — no stalls could be lost-- If they could do it and not lose— Borup: Are you talking about a design of the parking layout. Barbeiro: Yes. If it is not viable then so be it. Borup: Does the Boise mall, it is all parking lot isn't it. No sidewalks anywhere. I don't think there is any anywhere in the mall. Thank you. Mr. Barbeiro your only comment was on 15 which we just--. Mr. Brown any comment on any of those five items from you. Brown: I think I am ready to make a motion. I move we close the public hearing. Barbeiro: I second the motion. Borup: All in favor? MOTION CARRIED: ALL AYES Brown: I would move approval of the Item 16 request for conditional use permit for a commercial expansion of the Meridian Crossroads Shopping Center by the developers Diversified Developers Realty Corp. c/o Dakota Company, Inc. subject to staffs conditions and requirements with modifications to site specific comment 8, a minimum 20 landscape setback as required, required right of way along Fairview per existing conditional use. Swartley: Mr. Chairman it would be much better if he spelled it out what his motion and recommendation is, otherwise it is going to be very jumbled at City Council. Meridian Planning and ening Commission January 12, 2000 Page 77 Brown: What I am recommending is that we cross out where it says minimum 35 foot and cross out the last sentence. Borup: Why cross out the last sentence. Brown: Proposed site plan shows 20— Borup: And 30. Brown: Okay that is fine. Borup: Crossing out the first sentence would be approving it the way the applicant submitted it. Brown: No the first sentence—all I'd be doing is crossing out 35. Everything else would stay. A minimum 20 wide landscape setback. Does that make sense. Borup: Well the way I'd read your motion is your saying your reducing the 30 feet to 20, 1 mean they could. Brown: The proposed plan shows 20 right? Borup: And 30. The proposed plan had 20 the parking lot section and 30 at the building section the new area. Brown: (inaudible) Borup: Well you could just like you said delete 35 feet, just say a minimum landscape setback—our attorney is saying spell out both 20 and 30 is that what you— Swartley: Just cross out 35 foot and put in 20 foot like you said originally. Brown: A minimum of 20 is still minimum. Item 10 be modified proposed sign shall meet current condition use with regards to height and mass is currently approved with current (inaudible) of Family Center and then striking the rest. Item 12 striking up to minimum. The minimum 10 foot wide planning strip is needed to be provided along the future roadway. Borup: Changing that to 10. Brown: Yes that would be appropriate. Minimum 10 foot wide Borup: Do you want to mention the wall as per plan, as per submittal of plan. Meridian Planning and ening Commission January 12, 2000 Page 78 Brown: 10 foot wide planning strip in wall and Item 15 5 foot sidewalk must be provided along Fairview. Note, encourage developer to provide pedestrian walkways in parking areas. I feel that Item 26 should stay. Barbeiro: I would second the motion Mr. Chairman. Borup: Any discussion. All in favor? MOTION CARRIED: ALL AYES Borup: I'd like to thank everyone for being here. This item will move on to the City Council where there will be another public hearing. Yes it will go on to City Council. It will be the same notification so I guess encourage you to check your post office box and then maybe the neighbors who live along Florence, hopefully they will notify the homeowners association also. Borup: Commissioner's do we want to get item 17 out of the way or address the three continuations. Brown: Mr. Chairman I would (inaudible) the continuations. Borup: Earlier we made a motion to continue Touchmark to the 8th. We've got not a real heavy schedule on the 8th, but we have also continued Micron and mini storage. We do have another opportunity for another hearing on the 22nd . The question is, would it be better to do Touchmark as a stand alone hearing. Barbeiro: Do you anticipate that we will have the large public influx like we did last time with Touchmark. Borup: What has there with staff regarding phone calls and such anticipating a big turnout again. Siddoway: I would anticipate a large turn out but have not had many phone calls. Brown: They still have the attorney so still have the issues. Borup: We still need time to—hopefully we will get the ACHD report in time to review it. Brown: They were at the highway district I think he told me 2. Borup: And they asked for postponement so they could work out some issues on the development agreement with ACHD. Barbeiro: So would you like to consider having a meeting on the 22nd and in the off chance that we have items that go past midnight on the 8th. HP LaserJet 3100 SEND CONFIRMATION REPORT for Printer/Fax/Copier/Scanner City of Meridian 2088886854 Jan -7-00 11:56AM Job Start Time Usage Phone Number or ID Type Pages Mode Status 147 1/ 7 11 :53AM 3'36" 208 343 4954 Send .............. 7/ 7 EC120 Completed........................................ Total 3136" Pages Sent: i rages rriniea: u =F CWk.A-. Sb. = . io a3W Tae Tom Eau ns F1O W SW SSW F.n 3v3-y,9sv Data 1-1-00 P wew Pas— l (hdud V m+er) R.e WO-Imarf r.n .ne Mx M C) U*.* jrdrFe. R..Iwr O Nana. cennwnt o p$ a Rply o Hera R.ayae• ** TX CONFIRMr lON REPORT ** AS OF JAN 07 '00 11:12 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD#i STATUS 09 01/07 11:11 208 343 4954 EC --S 00'44" 002 036 OK -- ----------------------------- MERIDIAN PLANNING AND ZONING COMMISSION AGENDA WEDNESDAY, JANUARY 12, 2000 - 7:00 P.M. ROLL CALL: THOMAS BARBEIRO RICHARD HATCHER KENT BROWN CHAIRMAN KEITH BORUP CONSENT AGENDA A. MINUTES OF MEETING HELD DECEMBER 14, 1999. AGENDA 1. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 157.876 ACRES FROM R3 TO LO BY TOUCHMARK LIVING CENTERSMOSEPH A. BILLIG: 2. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT INCLUDING CONTINUING CARE RETIREMENT COMMUNITY, SINGLE AND MULTI -FAMILY RESIDENTIAL AND OFFICE AND RETAIL USE BY TOUCHMARK LIVING CENTERSIJOSEPH A. BILLIG: 3. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 8.25 ACRES FROM RT TO R8 FOR PROPOSED WOODHAVEN SUBDIVISION BY DAN WOOD/D.W., INC. - WEST OF EAGLE ROAD BETWEEN OVERLAND AND WEST VICTORY 4. CONTINUED PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR 45 LOTS ON 8.25 ACRES FOR PROPOSED WOODHAVEN SUBDIVISION BY DAN WOOD/D.W., INC. -WEST OF EAGLE ROAD BETWEEN OVERLAND AND WEST VICTORY: 5. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR RESIDENTIAL PUD FOR PROPOSED WOODHAVEN SUBDIVISION BY DAN WOOD/D.W., INC. -WEST OF EAGLE ROAD BETWEEN OVERLAND AND VICTORY: 6. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 7.99 ACRES FROM R -T TO R-4 BY ROBERT GLENN-USTICK ROAD WEST OF LOCUST GROVE ROAD: 12-14-99 05:57 MERIDIAN WASTEWATER ID=2088840744 P02/02 HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBEkl* D. CORME A C4od Place to Live (20S) ZSS-2499 - Fax 2SS-2501 CITY OF MERIDIAN City Council M, -tubers PUBLIC WORKS BUILDING DEPARTMENT CHARLES ROUNTREE 33 EAST IDAHO (208) 587-22(1 Fax 887-1297 GLENN BCNTLEY MERIDIAN, IDAHO 83642 RON ANDERSON (208) 888-4433 - Fax (208) 887-48 L3 PLANNING AND ZONING City Clerk Fax (208) 98S-42 18 DEP,\RTMEN'T KEITH BIRD (20S) RS4-5533 - i`az 387-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: _ December 23, 1999 TRANSMITTAL DATE: December 9 1999 HEARING DATE: January 11, 2000 FILE NUMBER: CUP -00-004 REQUEST: CONDITIONAL USE PERMIT FOR COMMERCIAL — EXPANSION OF THE MERIDIAN CROSSROADS SHOPPING CENTER BY: DEVELOPERS DIVERSIFIED REALTY CORP. C/O DAKOTA COMPANY, INC. LOCATION OF PROPERTY OR PROJECT: SOUTHEAST CORNER RECORDS DRIVE AND FAIRVIEW AVENUE TAMMY DE WEERD, P/Z KENT BROWN, P2 THOMAS BARBEIRO, P/Z RICHARD HATCHER, PIZ _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT C ITY ATTORN EY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: CEIVED re_A ► 0 e(nn CTS 1yIETEZIDIAN WASTEWATER DEPT. DEC 14 '99 08:57 2088840744 PAGE.02 07:49 JAN 04, 2000 ID: ADA COUNTY HWY DIST TEL N0: 387-6391 #35046 PAGE: 1/10 0 � 01�1 ADA COUNTY HIGHWAY DISTRICT A N % 2°0O Planning and Development Division of Meridian Development Application Report City Clerk Office MCUPOO-004 Fairview Avenue/Records Drive Walmart store The applicant is requesting conditional use approval to construct a 206,347 -square foot Walmart store and a Ct=4 30,000 -square foot retail store. This application is a 76,618 -square foot expansion of the previously approved iZS Meridian Crossroads Shopping Center. The 12.3 -acre site is located at the southeast corner of Records Drive and Fairview Avenue. The site is estimated to generate approximately 7,600 additional daily vehicle trips per day based on the submitted traffic study. The previous approval for this site was estimated to generate 4,800 additional daily vehicle trips. This expansion will increase traffic from the previous approval by 2,800 vehicle trips per day. On September 23, 1998, the Commission approved MCUP17-98, a request for conditional use approval for an 848,000 -square foot retail shopping center. That 74.74 -acre site is located on the southeast corner of Eagle Road and Fairview Avenue in Meridian. A portion of the project site, approximately eleven acres, was CrIs $--4 approved for development. That portion of the project site would have been expected to include approximately 160,000 -square feet of commercial space. The current application has proposed a 76,618 -square foot addition to what was previously approved for the portion of MCUP17-98 east of Records Drive. This portion of the original development was estimated to generate 4,800 -additional vehicle trips per day upon full occupancy based on the submitted traffic study for that site. The District has since required a supplemental traffic analysis and conceptual review of the entire site with the proposed addition. Roads impacted by this development: Eagle Road CIZ3 Fairview Avenue �--a Records Drive ACHD Commission Date - January 5, 2000 - 7:00 p.m. Cl . � rl S1 wILSo" .._.,KNELL .......... C3RANf3ER.... ......... _ t DR r.....PRESIDENT c o1A.�LERIp►L EXEClILL1(E ..... _ LANARK V ... .............. --JJ _ l - 07:49 JAN 04, 2000 ID: ADA COUNTY HWY DIST TEL NO: 387-6391 #35046 PAGE: 2110 Facts and Findings: A. General Information Owner - Developers Diversified Realty Corporation Applicant - Developers Diversified Realty Corporation (C/O the Dakota Company Inc.) C-C - Requested zoning CIIZS 12.3 - Acres _$__4 236,347- Square feet of proposed buildings 145 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District C Eagle Road (State Highway 55) =3 Principal arterial Traffic count 27,564 on 10/97, peak hour count on 9/8/98 = 2801 vph s/o Fairview Avenue 0 -feet of frontage Comply with ITD requirements Eagle Road is improved with 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) —Z= Fairview Avenue Principal arterial Traffic count 21,900 on 10/97, peak hour count on 9/8/98 = 2026 vph e/o Eagle Road 2460 -feet of frontage (current application only) 100 to 120 -feet existing right-of-way (50 to 60 -feet from section line) 120 -feet required right-of-way (60 -feet from section line) Fairview Avenue is improved with 68 -feet of pavement, five travel lanes, and no curb, gutter or sidewalk abutting the site. Records Drive Local/commercial street with no bike lane designation Traffic count not available 822 -feet of frontage G� 60 to 76 -feet existing right-of-way (30 to 38 -feet from centerline) ^� No additional right-of-way required Records Drive has been constructed as a 65 -foot street section (with curb, gutter and 5 -foot wide concrete sidewalk) from Fairview Avenue to a point 300 -feet south of Fairview Avenue. From a point 300 -feet south of Fairview Avenue to the Crossroads Subdivision, Records Driveway has been constructed as a 41 -foot street section with curbs, gutters, and sidewalks. There is a median in Records Drive that restricts an existing driveway on the west side of Records Drive, and will restrict a proposed driveway on the east side of Records Drive to right-in/right-out. WALMART. CMM Page 2 07:50 JAN 04, 2000 ID: ADA COUNTY HWY DIST TEL NO: 387-6391 #35046 PAGE: 3/10 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 traffic volumes have increased at an annual average of 16% over the last seven years. Traffic has increased at an annual average of 20% over the last four years. The COMPASS (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 COMPASS forecast is likely low, based on observed C� development rates and counts. D. District staff requested an extensive traffic impact study summary for MCUP98-17, which included this site because: 1. the proposed development exceeded the District's trip generation threshold for commercial developments, 2. concern about the impact of the development on traffic accessibility to Eagle Road and Clid Fairview Avenue, and r.� 3. concern about the operation of the Eagle/Fairview intersection. E. A supplemental traffic analysis has been submitted for the expansion of the previous conditional use application and the key findings of the supplemental study are as follows: 1. The proposed project is estimated to generate 7,600 additional daily vehicle trips. = 2. The previous approval for this site was estimated to generate 4,800 additional daily vehicle cqzs trips. 3. The proposed expansion will increase traffic from the previous approval by 2,800 vehicle trips per day. 4. The proposed project is estimated to generate 725 total peak hour vehicle trips, adding 1 approximately 480 peak hour vehicle trips to the external trip network because of pass by trips already on the adjacent roadways. 5. The anticipated peak hour vehicle trips are the result of a trip rate of 3.021 peak hour vehicle trips per 1,000 square feet of floor area. This number is in compliance with the data c1d� provided by the Institute of Transportation Engineers (ITE) for shopping centers. 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. 6. The analysis recognized that the Records Drive/Fairview Avenue intersection was signal controlled. _Eo 7. The District anticipates that the Fairview Avenue/Venture Street intersection may be � CC C� signalized in the future. The applicant should be required to locate any proposed driveway on Venture Street a minimum of 175 -feet south of Fairview Avenue. 8. In addition to Records Drive, there are three other proposed driveways on Fairview Avenue. The new driveways all meet District policy. However, only the middle driveway meets current District policy for full -access operation. Current District policy allows a maximum of three access points for one frontage. 9. Fairview Avenue is a principal arterial. As such, Level of Service (LOS) E is an acceptable condition for the intersections on this roadway. 10. Fairview Avenue is a five lane facility with a center turn lane abutting the project site. 11. The Eagle Road/Fairview Avenue intersection currently operates at LOS D. WALMART. CMM Page 3 07:50 JAN 04, 2000 ID: ADA COUNTY HWY DIST TEL N0: 387-6391 #35046 PAGE: 4/10 ,mss, 12. The Eagle Road/Fairview Avenue intersection is anticipated to operate at LOS E with the "existing plus project" traffic volumes and the geometric improvements required of the applicant under MCUP98-0017. The previous requirement included provisions for dual left turn lanes and free right turn lanes on all approaches of the intersection. The requirements do not have to be completed until the project site reaches a total floor area of 450,000 -square feet. With the current proposal and the previously approved projects, the site does not yet �+ reach the 450,000 -square feet level. Cd 13. The Fairview Avenue/Records Drive intersection will operate at LOS D with the "existing plus project" traffic volumes and the existing lane geometry. 14. The remaining, unsignalized, full access site driveways will operate similar to right-in/right- out facilities during peak hour conditions. The through traffic volumes on Fairview Avenue are so high that there will be few opportunities for left -turns at any of the non -signalized intersections. The demand for left turns at the unsignalized intersections far exceeds the available capacity. These intersections only function acceptably because the excess traffic �4---A can be diverted to a signalized intersection at Records Drive. This condition is caused by a Clqs combination of high traffic volumes on the arterial streets and at the site driveways. $--4 F. The original traffic analyses identified the following public street improvements needed to accommodate the additional traffic created by this project and the normal growth of background ■ traffic: 1. Construct dual left turn lanes on the Fairview Avenue legs of the Eagle/Fairview intersection <= prior to the phase of construction that exceed 450,000 -square feet of development for MCUP98-17 or the subject application. 2. 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. 3. Dedicate additional right-of-way on Fairview Avenue for a westbound left turn lane at the Fairview Avenue/Records Drive intersection. 4. Construct an eastbound lane on Fairview Avenue from the Records Drive 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. The developer should be required- to equiredto integrate adequate drainage swales alongside Fairview Avenue into the landscaping scheme for the development. Coordinate the design of the drainage swale and sidewalk with District staff. 5. Construct a five-foot sidewalk on Fairview Avenue abutting the site. 6. Construct the needed improvements to create dual left -turn lanes on Eagle Road at the Eagle/Fairview intersection when the site development reaches 450,000 GSF. cd G. The standard impact fee for the retail center is $2,298 per 1,000 sq ft of building area. The original 850,000 sq ft retail complex would normally be expected to pay a Road Impact Fee of approximately $2 million. The applicant has submitted an individual assessment for the project site. The assessment identified the site's location adjacent to a State Highway and reported an impact fee of $1,744 per 1,000 sq ft of building area. The original 850,000 sq ft retail complex would normally be expected to pay a Road Impact Fee of approximately $1.5 million. The District accepted the individual assessment, thereby reducing District Impact Fee Revenue by almost $500,000. WALMART. CMM Page 4 07:51 JAN 04, 2000 ID: ADA COUNTY HWY DIST TEL NO: 387-6391 #35046 PAGE: 5/10 n � The current application includes 236,347 -square feet of retail buildings. Under the current impact fee structure, the applicant would be expected to pay a Road Impact Fee of approximately $543,125. Using the cost figures from the previous assessment, the impact fees would be expected to total $412,190 thereby reducing District Impact Fee Revenue by $130,935. H. Fairview Avenue is an ACHD functionally classified roadway and, as such, would be eligible for the �+ use of impact fee revenue to increase the capacity, if such improvement is included in the Capital Clid Improvements Plan (CIP) and the Five Year Work Program (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 improvements at the appropriate time, partially funded from impact fee revenue. The large volume that will be generated by the proposed development accelerates the need for those improvements. Staff has evaluated the relative benefits that will be realized by theeg neral traveling public from the various recommended improvements and suggests that they be considered in two categories, system improvements and site �+ related improvements as follows: Clid 1. System Improvements are capital improvements other than a site -related improvement which is a public facility and is designed to provide service to the community at large. The costs of these improvements would be offset from the Road Impact Fees for the project: a. Construct dual left turn lanes on the Fairview Avenue legs of the Eagle Road/Fairview Avenue intersection. b. Dedicate additional right-of-way on Fairview Avenue for a westbound left turn lane CIZS at the Fairview Avenue/Records Drive intersection. C. 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. 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: C� C, rd a. Construct an eastbound lane on Fairview from the Records Street 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 and gutters along the frontage of this site and use roadside swales to control runoff from Fairview Avenue. The developer should be required to integrate adequate drainage swales alongside Eagle Road and Fairview Avenue into the landscaping scheme for the development. Coordinate the design of the drainage swale and sidewalk with District staff. � d b. Construct the needed improvements to create dual left -turn lanes on Eagle Road at the Eagle/Fairview intersection when the site development reaches 450,000 GSF. C. Construct a five-foot sidewalk on Fairview Avenue abutting the site. I. The applicant is proposing to construct three curb return driveways with 25 -foot curb radii on Fairview Avenue. The driveways are proposed to be constructed and located as follows: ♦ The western driveway, located 220 -feet east of Records Drive, and constructed 24 to 30 -feet wide. Based on the submitted traffic study the applicant should be required to provide a minimum of 50 -feet of storage for the inbound and outbound travel lanes. Current District policy requires this driveway to be restricted to right-in/right-out operations. WALMART. CMM Page 5 07:52 JAN 04, 2000 ID: ADR COUNTY HWY DIST TEL N0: 387-6391 #35046 PAGE: 6/10 t= C� ♦ The middle driveway, located 600 -feet east of Records Drive, and constructed 60 -feet wide with two in -bound lanes, an island, and two out -bound lanes. Based on the submitted traffic study the applicant should be required to provide a minimum of 100 -feet of storage for the inbound travel lane and 75 -feet of storage for the outbound travel lane. Current District policy allows this driveway to operate as a full access driveway. ♦ The eastern driveway, located 220 -feet west of the proposed Venture Street and constructed 24 to 30 -feet wide. Based on the submitted traffic study the applicant should be required to provide a minimum of 50 -feet of storage for the inbound and outbound travel lanes. Current District policy requires this driveway to be restricted to right-in/right-out operations. In accordance with District policy, the applicant may construct a maximum of three driveways on Fairview Avenue a minimum of 440 -feet for a full access driveway and 220 -feet for a right-in/right- out driveway from any public street intersection and 220 -feet from all existing or proposed driveways. The proposed locations and designs of the driveways meet District policy. The applicant should also be required to install a 30" by 30" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Coordinate the design, storage length and location of the driveways with District staff. The applicant should be required to construct a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet east of the stop bar at the Fairview Avenue/Records Drive intersection to a point 50 -feet east of the eastern edge of the driveway located 220 -feet east of Records Drive. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. K. The applicant should be required to construct a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet west of the stop bar at the Fairview Avenue/Venture Street intersection to a point 50 -feet west of the western edge of the driveway located 220 -feet west of the proposed Venture Street. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. L. The applicant is proposing to construct three driveways on Records Drive. Those driveways are located as follows: ♦ The northern driveway, located 175 -feet south of Fairview Avenue, and constructed 24 to 30 -feet wide. ♦ The middle driveway, located 400 -feet south of Fairview Avenue, and constructed 30 to 36 - feet wide. ♦ The southern driveway, located 40 -feet north of the south property line, and constructed 30 to 36 -feet wide. In accordance with District Policy a maximum of three driveways should be approved on Records Drive. The driveways should be located a minimum of 175 -feet south of Fairview Avenue and aligned or offset 150 -feet from all existing or proposed driveways. The site's proposed driveways meet District policy. The driveways should be constructed as 24 to 36 -foot curb return driveway with 15 -foot curb radii. The minimum storage length should be 50 -feet. Install a 30" by 30" high intensity STOP sign at the driveway's intersection with Records Drive. WALMART. CMM Page 6 07:52 JAN 04, 2000 ID: ADA COUNTY HWY DIST TEL NO: 387-6391 #35046 PAGE: 7/10 M. The applicant is proposing to construct a public road abutting the eastern property line. The roadway will align with Venture Street on the north side of Fairview Avenue. The following report will reference the roadway as Venture Street because it aligns with Venture Street on the north side of Fairview Avenue. The applicant is proposing to construct Venture Street as a 36 -foot street section with curbs, gutters, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. Current District policy requires that Venture Street, a commercial street, be constructed as a 40 -foot a street section with curbs, gutters, and 5 -foot wide concrete sidewalks within 58 -feet of right-of-way. C� The applicant should be required to construct the roadway in compliance with District policy. N. The applicant is not proposing to construct any driveways on Venture Street. A driveway could be located on Venture Street a minimum of 175 -feet south of Fairview Avenue. O. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. P. 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. The following requirements are provided as conditions for approval: Site Specific Requirements: Cd 3 Dedicate sufficient additional right-of-way to total 60 -feet from section line of Fairview Avenue abutting the entire site. The right-of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 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. Construct a 5 -foot wide concrete sidewalk on Fairview Avenue abutting the site 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. Construct three curb return driveways with 25 -foot curb radii on Fairview Avenue. The driveways shall be located and constructed as follows: ♦ Locate the western driveway 220 -feet east of Records Drive. Construct the driveway 24 to 30 -feet wide and provide a minimum storage length of 50 -feet for the in -bound and out- bound approach. ♦ Locate the middle driveway 600 -feet east of Records Drive. Construct the driveway 60 -feet wide with two in -bound lanes, an island, and two out -bound lanes. Provide a minimum storage length of 75 -feet for the outbound lanes and 100 -feet for the inbound lanes. ♦ Locate the eastern driveway 220 -feet west of the proposed Venture Street. Construct the driveway 30 -feet wide and provide a minimum storage length of 50 -feet for the in -bound and out -bound approach. WALMART. CMM Page 7 07:53 JAN 04, 2000 ID: ADA COUNTY HWY DIST TEL N0: 387-6391 #35046 PAGE: 8/10 Install 30" by 30" high intensity STOP signs at all three driveway's intersections with Fairview Avenue. Coordinate the design, storage length and location of the driveways with District staff. 4. Construct a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet east of the stop bar at the Fairview Avenue/Records Drive intersection to a point 50 -feet east of the eastern edge of western driveway. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. 5. Construct a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet west of the czs stop bar at the Fairview Avenue/Venture Street intersection to a point 50 -feet west of the western edge of the driveway. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. 6. Construct three curb return driveways with 15 -foot curb radii on Records Drive. Locate and construct the driveways as follows: ♦ Locat the northern driveway 175 -feet south of Fairview Avenue, and construct as a 24 to 30 - feet wide curb return driveway with 15 -foot curb radii. ♦ Locate the middle driveway 400 -feet south of Fairview Avenue, and construct as a 30 to 36 - feet wide curb return driveway with 15 -foot curb radii. ♦ Locate the southern driveway 40 -feet north of the south property line, and construct as a 30 to 36 -feet wide curb return driveway with 15 -foot curb radii. L= The minimum storage length shall be 50 -feet. Install 30" by 30" high intensity STOP signs at the cq�3 driveway's intersections with Records Drive. 7. Construct Venture Street along the eastern property line as a 40 -foot street section with curbs, gutters, and 5 -foot wide concrete sidewalks within 58 -feet of right-of-way. Locate Venture Street off Fairview Avenue to align with the existing Venture Street on the north side of Fairview Avenue. Coordinate the location of the Venture Street/Fairview Avenue intersection with District staff. 4 8. Locate any proposed driveway on Venture Street a minimum of 175 -feet south of Fairview Avenue. Construct the driveway as a 24 to 30 -foot wide curb return driveway with 15 -foot curb radii. •7=$ Coordinate the location and design of the driveway with District staff. 9. 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 2,460 -feet). The applicant will not be compensated for this construction. 10. 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. 11. The applicant shall 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. The applicant will not be compensated for this construction. WALMART. CMM Page 8 07:54 JAN 04, 2000 ID: ADA COUNTY HWY DIST TEL NO: 387-6391 #35046 PAGE: 9/10 12. 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. The cost of this improvement will be offset from the road impact fee to be collected for the development. 13. Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. = Standard Requirements: ^� 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify 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 shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting Clqs 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. C= 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall cqzs 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 specifically identify each requirement to be reconsidered and include written documentation of 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. C� 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. CC= 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or IIZS '—C other required permits), which incorporates any required design changes. 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. WALMART. CMM Page 9 07:54 JAN 04, 2000 ID: ADA COUNTY HWY DIST TEL NO: 387-6391 #35046 PAGE: 10/10 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: ^� 1. ACHD requirements are intended to assure that the proposed use/develo ment will not lace an 1 1 1 CC3 1 C� cqd P P 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. Submitted by: Planning and Development Staff Date of Commission Action: WALMART. CMM Page 10 v U00 00 000 O'�O 000 O 000 000 Al1 O mg4� z N- PO ' O D PR 11 yz eosN FEE � � O 0 b P Oil �^ G m n$spn Bt9 m Q rr m a a 1. q g g Zrm a egg ��n, � <4 ��§gym � S A ZN W m o � n Z % n O I• = II I I �� D xZn I !7 oxo z-0��a19 € € a ¢> = O - g' o =mom € © 0®0 ®® 0 O L g H Z D wp Nrri nAg •� F i- r7oz _7N D z >90 a N L osut M oy >g n ------------------------___ - 1•i•�V.•i�:i� di 0 1.1.1 � � 1 ••� � SAA.•.•-IA.I� 1 Al1 O mg4� z N- �s C ' O D yz eosN FEE � � O 0 b P G m n$spn IM D m Q rr � m a a 1. 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SEE COMMENTS CITY ATTORNEY: CITY POLICE DEPT: SEE COMMENTS CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTEWATER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: SEE COMMENTS SEE COMMENTS f ljk U I All Materials presented at public meetings shall become property of the City of Meridian. Mayor ROBERT D. CORRIE City Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD MEMORANDUM: To: From: Re: r -r. 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 City Clerk Fax (208) 888-4218 Mayor, City Council and Planning & Zoning Bruce Freckleton, Assistant to City Engineer 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 - Faz 887-1297 January 7, 2000 WEED JAN 0 7 2000 Steve Siddoway, Assistant Planner City of Meridian City Clerk Office Request for Conditional Use Permit for Expansion of The Family Center for a 206,000 -square -foot Walmart by Developers Diversified Realty Corp. 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: GENERAL COMMENTS: 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance Section 11-13-4 and/or as detailed in site-specific requirements, and in accordance with Americans with Disabilities Act (ADA) requirements. All site drainage shall be contained and disposed of on-site. 4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. 5. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 6. Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. Walmart.CUP.doc CUP -00-004 P&Z Commission/Mayor & Council January 7, 2000 Page 2 7. Provide minimum five -foot -wide pedestrian walkways along all roadways and throughout the development in accordance with City Ordinance Section 12-5-2-K. 8. All construction shall conform to the requirements of the Americans with Disabilities Act. SITE SPECIFIC COMMENTS: As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 2. Sanitary sewer and water service to this project will be via extensions of the existing mains that traverse through the Family Center. Applicant shall be responsible for construction of the sewer and water mains to and through this proposed development. Designer is to coordinate main sizing and routing with the Public Works Department. 3. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 4. 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. 5. This development requires that a minimum of ten percent of the gross land area be common open space. The applicant must provide calculations to show that this requirement is being met. 6. The Site Plan (Sheet CU -2) is missing some of the internal parking lot islands shown on the Landscape Concept Plan (Sheet L-1). The landscape islands and trees shown on Sheet L-1 are required. All landscape islands must be at least 6 feet wide. 7. Particular attention will need to be paid to lighting plans to ensure adjacent residential properties and the traveling public is not impacted by glare, as determined by the City of Meridian. 8. A minimum 35 -foot -wide landscape setback beyond required right-of-way on Fairview Avenue shall be required as a condition of approval. The proposed site plan shows 20 -foot and 30 -foot landscape setbacks. Walmart.CUP.doc i- k P&Z Commission/Mayor & Council January 7, 2000 Page 3 9. Detailed signage plans are included as part of this application for review and approval. Two pylon sign locations are proposed on the site plan, yet three pylon sign details have been submitted. Applicant should provide additional information about which signs are intended for each location. 10. The proposed signs' height and mass are similar to the signs approved for the current phase of the Family Center. However, other businesses along Fairview have been held to 72 square feet over the past year. Commission and Council need to decide what is appropriate for this application. 11. Planting strips are required to be placed next to commercial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20) wide. The applicant is proposing a buffer 31 to 41 feet wide with a six -foot -high masonry block wall. Drainage swales shall not be included in this landscape buffer, nor along Fairview Avenue. 12. As the commercial uses are not compatible with the adjacent cemetery use, minimum 20 -foot - wide planting strips need to be provided along the future roaway. Although significant landscaping is shown on the northern portion of the parcel, this area is also shown as a "future retail pad and building". No building or use for the area is approved as part of this application. 13. Any drive-through facilities will be required to go through a separate conditional use permit process, and none are approved with this application. 14. Curbing needs to be provided around all landscaped areas. 15. Five -foot -wide sidewalks must be provided along Fairview Avenue. Provision also needs to be made for pedestrian walkways within the development and through the parking areas. 16. Provisions for bicycle racks need to be made in the development. 17. Trash enclosures must be coordinated with Sanitary Services Inc. and screened on at least three sides. Provide a letter of approval with submittal for Certificate of Zoning Compliance. 18. No handicapped parking spaces are shown around retail building #2 (30,000 s.£). Each building must meet parking requirements for standard and handicapped parking. 19. The parking data differs on sheet L-1 and Sheet CU -2. Sheet CU -2 (Site Plan) appears to be the most accurate parking data. However, the data is only for the Walmart lot and does not include parking for the 30,000 s.f retail building on proposed Lot 2. The 18 handicap - accessible parking stalls provided do not meet ADA standards. At least two additional stalls Walmart.CUP.doc P&Z Commission/Mayor & Council January 7, 2000 Page 4 are needed for the Wahnart site alone. Five more will be needed for the building on Lot 2. Applicant should provide updated, corrected parking data. 20. Because the parking stall data is for the Walmart lot only, I assume that the parking lot square footage calculation is also for the Walmart lot only. Tree requirements must be based on total asphalt area on all lots. Please verify and update the asphalt square footage calculation and the tree requirement. One 3" caliper tree is required per 1500 square feet of asphalt. 21. Applicant is responsible for making sure that none of the proposed landscaping is located over an easement that would preclude the landscaping. 22. Loading facilities near residential areas have been a continual source of noise complaints. The City should place restrictions on loading/unloading times and the use of forklifts and other noisy equipment with strict enforcement and associated penalties for failure to comply. 23. Acceleration/deceleration lanes need to be provided on Eagle Road and Fairview as part of this development. 24. This approval is for the Walmart store only. Future buildings on the property will require submittal and approval of separate conditional use permits. 25. The subject development is not located on a legal lot. It is the City's policy to accept applications for building permits only when a legal lot has been established (i.e., final plat recording). A preliminary/final plat application has been submitted and is scheduled for the February 8 meeting of the Planning & Zoning Commission. 26. The subject property is not annexed into the City of Meridian, nor has the rezone taken place. Also, a development agreement has not been entered into. Final approval of the conditional use permit cannot take place until the development agreement has been entered into by the legal owner of the property and the parcels have been rezoned/annexed. 27. Staff requested a revised legal description for the 11+ acre parcel in the rezone comments, and to this date we have not received the revised legal. Please provide this requested item as soon as possible to avoid delays in the rezone process. 28. This conditional use permit will be subject to review upon ten days' notice to the Applicant and/or tenant(s). Walmart.CUP.doc P&Z Commission/Mayor & Council January 7, 2000 Page 5 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 Goals Section Goal 3: To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. Goal 5: To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. Goal 8: To establish compatible and efficient use of land through the use of innovative and functional site design. Goal 9: To encourage a balance of land use patterns to insure that revenues pay for services. Goal 10: To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. Economic Development Chapter 1.2 —. . set aside areas where commercial interest and activities are to dominate. 1.3 — The character, site improvements and type of new commercial and industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 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 ChaQter 1.10U — Promote the design of attractive roadway entryway areas into Meridian which will clearly identify the community. 2.3U — Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 4.3U — Encourage new commercial development within under-utilized existing commercial areas. 4.6U — Community shopping centers will be encouraged to locate at arterial intersections and near high -traffic intensity areas. 4.7U — Community shopping centers must be planned for future integration of adjoining residential Walmart.CUP.doc ,A-, 1.0- P&Z Commission/Mayor & Council January 7, 2000 Page 6 uses. 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. 5.16U – All development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. 5.18U – Existing residential properties will be protected from incompatible land -use development in this area. Screening and buffers will be incorporated into all development requests in this area. Transportation Chapter 1.18U – Develop or construct Park -and -Ride lots as demand requires. 1.19U – Consider the needs of pedestrians and bicyclists in the development review process. Community Design Chapter 1.1 All commercial and industrial developments should be reviewed by the City for adequate site planning. 1.3 Open space areas within all development should be encouraged. 1.4 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. 2.lU Require businesses and government to install and maintain landscaping. 2.2U Encourage area beautification through uniform sign design that enhances the community. Entryway Corridors—(Fairview Avenue is identified as an entryway corridor.) Entryway corridors are a community's `front door." It is acknowledged that the corridor's trees (or lack thereof), commercial signage, and site character provide the first, and oftentimes the most lasting, impression of the entire community. Strong messages are delivered to the traveling public and to local citizens alike. The community's economic vitality, its willingness to ensure the safety and well-being of its citizens, its degree of concern for the natural environment, and the respect citizens have for one another are but a few of the messages. Therefore, the entire community and, most specifically its governing bodies, have the right and the responsibility to guide the development and redevelopment that occurs along entryway corridors. Depending on the configuration of existing streets, land uses and site configuration, more extensive landscaping and more concern for site character may be required in Meridian. Conversely, the design review process will afford the opportunity to address the special features of each property and facility on a case-by-case basis. 4.3U – Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscape business or residential development on entrance corridors. 4AU Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 5.2 Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. Walmart.CUP.doc (208) 884-5533 - Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: December 23, 1999 TRANSMITTAL DATE: December 9, 1999 HEARING DATE: January 11, 2000 FILE NUMBER: CUP -00-004 REQUEST: CONDITIONAL USE PERMIT FOR COMMERCIAL — EXPANSION OF THE MERIDIAN CROSSROADS SHOPPING CENTER BY: DEVELOPERS DIVERSIFIED REALTY CORP. C/O DAKOTA COMPANY INC. LOCATION OF PROPERTY OR PROJECT: SOUTHEAST CORNER RECORDS DRIVE AND FAIRVIEW AVENUE TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER _MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) _ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT _SETTLERS IRRIGATION DISTRICT _IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) _BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: / fft-c, 15e5r,�� „� C.x K� �,�/.-mss o-0 Mayor HUB OF TREASURE VALLEY ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT City Council Members CITY OF MERIDIAN (208) 288-2499 -Fax 288.25°` CHARLES ROUNTREE 33 EAST IDAHO PUBLIC WORKS BUILDING DEPARTMENT '. GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 - Fax 887-1297 RON ANDERSON (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT (208) 884-5533 - Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: December 23, 1999 TRANSMITTAL DATE: December 9, 1999 HEARING DATE: January 11, 2000 FILE NUMBER: CUP -00-004 REQUEST: CONDITIONAL USE PERMIT FOR COMMERCIAL — EXPANSION OF THE MERIDIAN CROSSROADS SHOPPING CENTER BY: DEVELOPERS DIVERSIFIED REALTY CORP. C/O DAKOTA COMPANY INC. LOCATION OF PROPERTY OR PROJECT: SOUTHEAST CORNER RECORDS DRIVE AND FAIRVIEW AVENUE TAMMY DE WEERD, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER _MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) _ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT _SETTLERS IRRIGATION DISTRICT _IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) _BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: / fft-c, 15e5r,�� „� C.x K� �,�/.-mss o-0 h ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report i JAN - 6 2000 CITY OF MERII)M MCUP00-004 Fairview Avenue/Records Drive Walmart store The applicant is requesting conditional use approval to construct a 206,347 -square foot Walmart store and a 30,000 -square foot retail store. This application is a 76,618 -square foot expansion of the C7.; previously approved t'VIeridian Crossroads Shopping Center. The 12.3 -acre site is located at the southeast corner of Records Drive and Fairview Avenue. The site is estimated to generate approximately 7,600 additional daily vehicle trips per day based on the submitted traffic study. The previous approval for this site was estimated to generate 4,800 additional daily vehicle trips. This expansion will increase traffic 1 from the previous approval by 2,800 vehicle trips per day. On September 23, 1998, the Commission approved MCUP17-98, a request for conditional use approval for an 848,000 -square foot retail shopping center. That 74.74 -acre site is located on the southeast corner of Eagle Road and Fairview Avenue in Meridian. A portion of the project site, approximately eleven acres, was approved for development. That portion of the project site would have been expected to include approximately 160,000 -square feet ofcommercial space. The current application has proposed a 76,618 -square foot addition to what was previously approved for the portion of MCUP17-98 east of Records Drive. This portion of the original development was estimated to generate 4,800 -additional 1 vehicle trips per day upon full occupancy based on the submitted traffic study for that site. The District has since required a supplemental traffic analysis and conceptual review of the entire site with the proposed addition. C� Roads impacted by this development: Eagle Road r--� Fairview Avenue Records Drive 1 ACHD Commission Date - January 5, 2000 - 7:00 p.m. c _ W W Z g r -e - LESLIE Q MEADOWGRASS GRANGER W 3 CLOVER MEADOWS a SITE FAIRVIEW WILSON JEWELL lin _U S _ SUNNYDALE ui LO PINE O DRIFTWOOD pr ¢ PRESIDENT C COMMERCIAL o EXECUTIVE 4O O LANARK v FRANKLIN SPRINGW OO D AUTUMN eoPOS M LtNTJR.E ST,9;kT PRq°�o �,c✓r+cr��R T ao6,3Y� - u sq U/ W -C P& -z:7 T U. 0— I' I -'4 H� �rrl •w[ ° i ;HHHHHHHHHH PH"HomfifiHii" WHO" ° 0 vE �l � � $HHHf}HNNHIHtt� o ° fIT1Im>i} _ 11ffT�� o cT3 b co J r- -V = Q Q o �. c co c cL a Cd 0 cd c U Q y L N a x — —Q E c `� U Y UQ 0-00 a �N O 5 c 311" 3AW o o N � � Um Ir U ISA LL � z z N OVOU 3AOHJ M001 ° a. ) 11�111I IIl1lllluuuuuulllllllllllll��r ,r I - - J , •Iilliliinliiiliil^Ur 1 0 .�.J ° _� o 0 0 0 0 0 0, o o o '�''I��111IIIIII11��111111��II1yj� ^�:,., ,p� o� mR 0 �Ti�IRIIIIIIiTillff(• t ° t. r , �: �. G '� r � _a ,�' _. �� MM 1$ d F » Q� L CL N L 7 U - Pj 3TC Z� 'Oki 3107 FL 2 Y 0 a 5 311" 3AW LL 'Oki 31VOki3A010 O OVOki 31OV3 $ LL � z z N OVOU 3AOHJ M001 ° a. ) 11�111I IIl1lllluuuuuulllllllllllll��r ,r I - - J , •Iilliliinliiiliil^Ur 1 0 .�.J ° _� o 0 0 0 0 0 0, o o o '�''I��111IIIIII11��111111��II1yj� ^�:,., ,p� o� mR 0 �Ti�IRIIIIIIiTillff(• t ° t. r , �: �. G '� r � _a ,�' _. �� MM 1$ d F » Q� L CL N L 7 U - Pj 3TC Z� r� Facts and Findings: A. General Information Owner - Developers Diversified Realty Corporation Applicant - Developers Diversified Realty Corporation (C/O the Dakota Company Inc.) 4-� C -C - Requested zoning C� 12.3 - Acres 236,347 - Square feet of proposed buildings 145 - Traffic Analysis Zone JAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Fad Road (State Highway 55) Principal arterial •—� Traffic count 27,564 on 10/97, peak hour count on 9/8/98 = 2801 vph s/o Fairview Avenue 0 -feet of frontage Comply with ITD requirements Eagle Road is improved with 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 Traffic count 21,900 on 10/97, peak hour count on 9/8/98 = 2026 vph e/o Eagle Road 2460 -feet of frontage (current application only) 100 to 120 -feet existing right-of-way (50 to 60 -feet from section line) 120 -feet required right-of-way (60 -feet from section line) Fairview Avenue is improved with 68 -feet of pavement, five travel lanes, and no curb, gutter or sidewalk abutting the site. Records Drive Local/commercial street with no bike lane designation Traffic count not available C: 822 -feet of frontage C7.5 60 to 76 -feet existing right-of-way (30 to 38 -feet from centerline) No additional right-of-way required Records Drive has been constructed as a 65 -foot street section (with curb, 'utter and 5 -foot wide concrete sidewalk) from Fairview Avenue to a point 300 -feet south of Fairview Avenue. From a point 300 -feet south of Fairview Avenue to the Crossroads Subdivision, Records Driveway has been constructed as a 41 -foot street section with curbs, gutters, and sidewalks. There is a median in Records Drive that restricts an existing driveway on the west side of Records Drive, and will restrict a proposed driveway on the east side of Records Drive to right- in/right-out. WAL:N4ART.CNINI Pa,,e 2 .•N 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 traffic volumes have increased at an annual average of 16% over the last seven c years. Traffic has increased at an annual average of 20% over the last four years. The COMPASS (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 COMPASS forecast is likely low, based on observed development rates and counts. D. District staff requested an extensive traffic impact study summary for MCUP98- l 7, which included this site because: c� 1. the proposed development exceeded the District's trip generation threshold for c� 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. E. A supplemental traffic analysis has been submitted for the expansion of the previous conditional use application and the key fundings of the supplemental study are as follows: 1. The proposed project is estimated to generate 7,600 additional daily vehicle trips. The previous approval for this site was estimated to generate 4,800 additional daily vehicle trips. 3. The proposed expansion will increase traffic from the previous approval by 2,800 vehicle trips per day. 4. The proposed project is estimated to generate 725 total peak hour vehicle trips, adding approximately 480 peak hour vehicle trips to the external trip network because of pass by trips already on the adjacent roadways. 5. The anticipated peak hour vehicle trips are the result of a trip rate of 3.021 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) for shopping centers. 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. 6. The analysis recognized that the Records Drive/Fairview Avenue intersection was C111= signal controlled. r-� 7. The District anticipates that the Fairview Avenue/Venture Street intersection may be signalized in the future. The applicant should be required to locate any proposed driveway on Venture Street a minimum of 175 -feet south of Fairview Avenue. S. In addition to Records Drive, there are three other proposed driveways on Fairview Avenue. The new driveways all meet District policy. However, only the middle driveway meets current District policy for full -access operation. Current District policy allows a maximum of three access points for one frontage. 9. Fairview Avenue is a principal arterial. As such, Level of Service (LOS) E is an acceptable condition for the intersections on this roadway. WA L SIA RT.CNIM Pa,e 10. Fairview Avenue is a five lane facility with a center turn lane abutting the project site. 11. The Eagle Road/Fairview Avenue intersection currently operates at LOS D. 12. The Eagle Road/Fairview Avenue intersection is anticipated to operate at LOS E with the "existing plus project" traffic volumes and the geometric improvements required of the applicant under MCUP98-0017. The previous requirement included provisions for dual left turn lanes and free right turn lanes on all approaches of the intersection. The C4 � requirements do not have to be completed until the project site reaches a total floor area C7= of 450,000 -square feet. With the current proposal and the previously approved projects, the site does not yet reach the 450,000 -square feet level. The Fairview Avenue/Records Drive intersection will operate at LOS D with the "existing plus project" traffic volumes and the existing lane geometry. 14. The remaining, unsignalized, full access site driveways will operate similar to right- in/right-out facilities during peak hour conditions. The through traffic volumes on Fairview Avenue are so high that there will be few opportunities for left -turns at any of c the non -signalized intersections. The demand for left turns at the unsignalized intersections far exceeds the available capacity. These intersections only function acceptably because the excess traffic can be diverted to a signalized intersection at Records Drive. This condition is caused by a combination of high traffic volumes on the arterial streets and at the site driveways. F. The original traffic analyses identified the following public street improvements needed to accommodate the additional traffic created by this project and the normal growth of background �+ �-+--� traffic: C7_5 Construct dual left turn lanes on the Fairview Avenue legs of the Eagle/Fairview intersection prior to the phase of constriction that exceed 450,000 -square feet of development for MCUP98-17 or the subject application. 2. 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. 3. Dedicate additional right-of-way on Fairview Avenue for a westbound left turn lane at the Fairview Avenue/Records Drive intersection. 4. Construct an eastbound lane on Fairview Avenue from the Records Drive 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. The developer should be required to integrate adequate drainage swales alongside Fairview Avenue into the landscaping scheme for the development. Coordinate the design of the drainage swale �- and sidewalk with District staff. C75 5. Construct a five-foot sidewalk on Fairview Avenue abutting the site. r- 6. Construct the needed improvements to create dual left -turn lanes on Eagle Road at the Eagle/Fairview intersection when the site development reaches 450,000 GSF. G. The standard impact fee for the retail center is $2,298 per 1,000 sq ft of building area. The original 850,000 sq ft retail complex would normally be expected to pay a Road Impact Fee of approximately $2 million. The applicant has submitted an individual assessment for the project site. The assessment identified the site's location adjacent to a State Highway and reported an impact fee of $1,744 WA Li N1ART.CNIN1 Page 4 per 1,000 sq ft of building area. The original 850,000 sq ft retail complex would nornlally be expected to pay a Road Impact Fee of approximately $1.5 million. The District accepted the individual assessment, thereby reducing District Impact Fee Revenue by almost $500,000. The current application includes 236,347 -square feet of retail buildings. Under the current impact fee stricture, the applicant would be expected to pay a Road Impact Fee of approximately $543,125. Using the cost figures from the previous assessment, the impact fees CIZ5 would be expected to total $412,190 thereby reducing District Impact Fee Revenue by ' $130,935. H. Fairview Avenue is an ACHD functionally classified roadway and, as such, would be eligible for the use of impact fee revenue to increase the capacity, if such improvement is included in the Capital Improvements Plan (CIP) and the Five Year Work Program (FYWP). Some of the recommended improvements will be necessary in the future to accommodate traffic growth c_ without the traffic that will be generated by this proposal, and the District would be C75 constricting those improvements at the appropriate time, partially funded from impact fee revenue. The large volume that will be generated by the proposed development accelerates the need for those 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: r+ 1. System Improvements are capital improvements other than a site -related improvement •��-' which is a public facility and is designed to provide service to the community at large. The costs of these improvements would be offset from the Road Impact Fees for the project: a. Construct dual left turn lanes on the Fairview Avenue legs of the Eagle Road/Fairview Avenue intersection. �+ b. Dedicate additional right-of-way on Fairview Avenue for a westbound left turn lane at the Fairview Avenue/Records Drive intersection. C. Constrict pavement widening on Fairview Avenue to add one eastbound lane from Eagle Road to a point 500 -feet west where the existing improvements end. 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: C175 a. Construct an eastbound lane on Fairview from the Records Street 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 and gutters along the frontage of this site and use roadside swales to control runoff from Fairview Avenue. The developer should be required to integrate adequate drainage swales alongside Eagle Road and Fairview Avenue into the landscaping scheme for the development. Coordinate the design of the drainage Swale and sidewalk with District staff. WALMART.CNl N'1 Page 5 C: - C:= C=+ C= J b. Construct the needed improvements to create dual left -turn lanes on Eagle Road at the Eagle/Fairview intersection when the site development reaches 450,000 GSF. C. Construct a five-foot sidewalk on Fairview Avenue abutting the site. The applicant is proposing to construct three curb return driveways with 25 -foot curb radii on Fairview Avenue. The driveways are proposed to be constructed and located as follows: ♦ The western driveway, located 220 -feet east of Records Drive, and constructed 24 to 30- feet wide. Based on the submitted traffic study the applicant should be required to provide a minimum of 50 -feet of storage for the inbound and outbound travel lanes. Current District policy requires this driveway to be restricted to right-in/right-out operations. ♦ The middle driveway, located 600 -feet east of Records Drive, and constructed 60 -feet wide with two in -bound lanes, an island, and two out -bound lanes. Based on the submitted traffic study the applicant should be required to provide a minimum of 100 - feet of storage for the inbound travel lane and 75 -feet of storage for the outbound travel lane. Current District policy allows this driveway to operate as a full access driveway. ♦ The eastern driveway, located 220 -feet west of the proposed Venture Street and constructed 24 to 30 -feet wide. Based on the submitted traffic study the applicant should be required to provide a minimum of 50 -feet of storage for the inbound and outbound travel lanes. Current District policy requires this driveway to be restricted to right-in/right-out operations. In accordance with District policy, the applicant may construct a maximum of three driveways on Fairview Avenue a minimum of 440 -feet for a frill access driveway and 220 -feet for a right- in/right-out driveway from any public street intersection and 220 -feet from all existing or proposed driveways. The proposed locations and designs of the driveways meet District policy. The applicant should also be required to install a 30" by 30" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Coordinate the design, storage length and location of the driveways with District staff. The applicant should be required to construct a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet east of the stop bar at the Fairview Avenue/Records Drive intersection to a point 50 -feet east of the eastern edge of the driveway located 220 -feet east of Records Drive. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. K. The applicant should be required to construct a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet west of the stop bar at the Fairview Avenue/Venture Street intersection to a point 50 -feet west of the western edge of the driveway located 220 -feet west of the proposed Venture Street. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. WALvtART.CNIM Pace 6 L. The applicant is proposing to construct three driveways on Records Drive. Those driveways are located as follows: ♦ The northern driveway, located 175 -feet south of Fairview Avenue, and constructed 24 to 30 -feet wide. ♦ The middle driveway, located 400 -feet south of Fairview Avenue, and constricted 30 to 36 -feet wide. ♦ The southern driveway, located 40 -feet north of the south property line, and constructed 30 to 36 -feet wide. In accordance with District Policy a maximum of three driveways should be approved on Records Drive. The driveways should be located a minimum of 175 -feet south of Fairview Avenue and aligned or offset 150 -feet from all existing or proposed driveways. The site's proposed driveways meet District policy. The driveways should be constructed as 24 to 36 -foot curb return driveway with 15 -foot curb radii. The minimum storage length should be 50 -feet. r—. Install a 30" by 30" high intensity STOP sign at the driveway's intersection with Records ��- Drive. M. The applicant is proposing to construct a public road abutting the eastern property line. The roadway will align with Venture Street on the north side of Fairview Avenue. The following report will reference the roadway as Venture Street because it aligns with Venture Street on the north side of Fairview Avenue. The applicant is proposing to constrict Venture Street as a 36 - foot street section with curbs, gutters, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. Current District policy requires that Venture Street, a commercial street, be constructed as a 40 -foot street section with curbs, gutters, and 5 -foot wide concrete sidewalks within 58 -feet of right-of-way. The applicant should be required to construct the roadway in compliance with District policy. N. The applicant is not proposing to constrict any driveways on Venture Street. A driveway could be located on Venture Street a minimum of 175 -feet south of Fairview Avenue. O. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. P. 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 anticipatdd traffic volumes without improvement. �.�. The following requirements are provided as conditions for approval: Site Specific Requirements: Dedicate sufficient additional right-of-way to total 60 -feet from section line of Fairview Avenue abutting the entire site. The right-of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 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 WALMART.CMNI Page 7 submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 2. Constrict a 5 -foot wide concrete sidewalk on Fairview Avenue abutting the site prior to issuance of any Certificate of Occupancy. The constriction plans for the development showing the sidewalk mast be approved prior to issuance of a building permit. � 3. Construct three curb return driveways with 25 -foot curb radii on Fairview Avenue. The driveways shall be located and constructed as follows: ♦ Locate the western driveway 220 -feet east of Records Drive. Constrict the driveway 24 to 30 -feet wide and provide a minimum storage length of 50 -feet for the in -bound and out -bound approach. ♦ Locate the middle driveway 600 -feet east of Records Drive. Constrict the driveway 60 - feet wide with two in -bound lanes, an island, and two out -bound lanes. Provide a Cl= minimum storage length of 75 -feet for the outbound lanes and 100 -feet for the inbound lanes. ♦ Locate the eastern driveway 220 -feet west of the proposed Venture Street. Construct the driveway 30 -feet wide and provide a minimum storage length of 50 -feet for the in- bound and out -bound approach. Install 30" by 30" high intensity STOP signs at all three driveway's intersections with Fairview Avenue. Coordinate the design, storage length and location of the driveways with District staff. 4. Construct a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet east of the stop bar at the Fairview Avenue/Records Drive intersection to a point 50 -feet east of the eastern edge of western driveway. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. 5. Construct a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet west of the stop bar at the Fairview Avenue/Venture Street intersection to a point 50 -feet west of the western edge of the driveway. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. 6. Construct three curb return driveways with 15 -foot curb radii on Records Drive. Locate and construct the driveways as follows: ..�• ♦ Locat the northern driveway 175 -feet south of Fairview Avenue, and construct as a 24 to 30 -feet wide curb return driveway with 15 -foot curb radii. ♦ Locate the middle driveway 400 -feet south of Fairview Avenue, and construct as a 30 to 36 -feet wide curb return driveway with I5 -foot curb radii. ♦ Locate the southern driveway 40 -feet north of the south property line, and construct as a 30 to 36 - feet wide curb return driveway with 15 -foot curb radii. The minimum storage length shall be 50 -feet. Install 30" by 30" high intensity STOP signs at the driveway's intersections with Records Drive. WALMART.CMM P•i,,e 8 A—�' lo�' 7. Construct Venture Street along the eastern property line as a 40 -foot street section with curbs, gutters, and 5 -foot wide concrete sidewalks within 58 -feet of right-of-way. Locate Venture Street off Fairview Avenue to align with the existing Venture Street on the north side of Fairview Avenue. Coordinate the location of the Venture Street/Fairview Avenue intersection with District staff. 8. Locate any proposed driveway on Venture Street a minimum of 175 -feet south of Fairview Avenue. Construct the driveway as a 24 to 30 -foot wide curb return driveway with 15 -foot curb radii. Coordinate the location and design of the driveway with District staff. 9. 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 2,460 -feet). The applicant will not be compensated for this construction. L+ c� 10. Prior to beginning a phase of the development that exceeds 450,000 gross square feet, construct r-� 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. 11. The applicant shall 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. The applicant will not be compensated for this construction. 12. 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. The cost of this improvement will be offset from the road impact fee to be collected for the development. 13. Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein C+ shall be made in writing to the ACHD Planning and Development Supervisor. The request CIZ= shall specifically identify 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 quest shall be submitted to the District no later than 9100 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. WALNIART.CNINI Page 9 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 specifically identify each requirement to be reconsidered and include written documentation of 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. ^�+ 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 C:�� Policy Manual, ISPWC Standards and approved supplements, Construction Services C111= 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 —7:::� 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 riles, regulations, ordinances, plans, e� 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: c.;�� 1. ACHD requirements are intended to assure that the proposed use/development will not place an e� 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. WAL:NIAR"f.CN/lNl Ila, -,e 10 _ pt -E C E IvE JAN - 3 2000 CITY OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 December 20, 1999 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Will Berg, City Clerk Meridian Planning & Zoning Comission 33 East Idaho Meridian, ID 83642 Re: CUP -00-004 The Family Center at Meridian Dear Commissioners: The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 466-7861 for further information. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 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 ",Wlwlyylmiaiw� AN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 29 December 1999 Phones: Area Code 208 OFFICE: Nampa 466-7861 Developers Diversified Realty Corp SHOP: Nampa 466-0663 c/o Dakota Company, Inc. 380 E. Parkcenter Boulevard, Suite 100 Boise, ID 83706 RE: Land Use Change Application — Expansion of Crossroads Shopping Center TO WHOM IT MAY CONCERN: C'uP- oo - ave{ Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above -referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the District's office, or John P. Anderson, at the District's shop. Sincerely, Donna N. Moore, Assistant Secretary/Treasurer cc: File Water Superintendent City of Meridian enc. aPPROYIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS 23.000 RnISF PRniFrT Plr.HTS nn non CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT CnuoroE] DISTRICT Environmental Health Division Return to: HEALTH ❑BoiseDEPARTMENTEagle ❑ Garden City Rezone # ArMeridian Conditional Use # Cu P —�� L ❑ Kuna Preliminary / Final / Short Plat �A qq ❑ ACZ /"`Gr�i'pl,gr✓ Cl�oLS.20d4F"S S�.olJGh.7 Pk14-CV—' Z77 ❑ I. We have No Objections to this Proposal. R�cENEI� DEC 2 3 1999 ❑ 2. We recommend Denial of this Proposal. e ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on tWProposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ 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 ritten 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 Kindividual water 19. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Divisf Environmental Quality: central sewage El community sewage system 11 community water ioTsewage dry lines 4EICentral 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 / C� 14. �/��.TT�cfffiD $i�e.,1.�.¢r /�L�r,rr�bYtee�✓� Dater/.2L —/—�— J� /< e G O Reviewed By: f1 —r Review Sheet WHO 10/91 rtb, rev. 7197 LL: II (z LT P11 PU T•u 9re%'erO arrtl rrcut disease and disaidicy: ro ;rurrw(e healrhv fifesryies; acrd co ara(ec: artd arornote rite healrit and quality o/ otrr ellvt rrmurr. STORM ITER 'MANAGENIENT RECONEMENDATIONS we recommend chat stormwater be pretreated u`�rouJh a grassy swale prior to dischara- CO the subsurface to prevent impact to zroundwater and surface water Quality. The erizineers and architects involved with the design of this project Should obtain current best management practices for storrnvvater disposal and desiJn a stormwater management system that is preventing groundwater and surface water degradation. yfanuals that could be used for guidance are: 1) State Of Idano Catalog Of Stormwve-r Best Nfanagement Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. ?) Stormwater Best Management Practices Guidebook. Prepared by City Of Boise Public Works Depamaent, January 1997. Scorm-acer 3/93:dly Seriirs; Uallzy, Elmore, Boise, and .oda Courrdes Vclley County Ct ccs icise County Oflica ACC -MC Screllite Cttice ,incre Ccunr/ Ot3ca ,-+ : �Pr4?r �I. %C] N. I;::'??r ACC / c dcx IG.:.3J 7r.7 . !Cise. is d271:4 �cu:�C:ne. csne:o•._: I0t.'d 9ctsa. to 1.17:%a =rtvtt„ M?Ct +a, cwicc, ct:- F^ it•! r?Ct:�. ?n.:Ja.i Ica -dy pCr:nS: J?i.%1CC n 5AX. JJa•J .._:c "NIC::d%_:Co ;A;(. �.'.-•jt %a jgr.Cr � IurnhCn: J3T•Ty:7 . ® PA:c::dT•J�2' vnC 3?1•T�.?'. iiX Ada Cottn19tWiq4waV 2)ij1pict Judy Peavey -Derr, President Sib tast i t in atreet 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 January 10, 2000 TO: Developers Diversified Realty Tom Bauwens Dakota Company Inc 380 East Park Center Blvd, Suite 100 Boise, Idaho 83706 FROM: Steve Arnold, Principal Development Analyst Planning & Development SUBJECT: CUP00-004 Wal-Mart SE/C Records Drive and Fariveiw Avenue RECEIVED JAN 1 1 2000 City of Meridian City Clerk Office The Commissioners of the Ada County Highway District on January 5, 2000 acted on your application for the above referenced project. The attached staff report lists conditions of approval and street improvements, which are required. If you have and questions, please feel free to contact me at (208) 387-6170. Cc: Planning & Development/chron/project file City of Meridian Construction Services — John Edney Drainage — Chuck Rinaldi ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report MCUP00-004 Fairview Avenue/Records Drive Walmart store The applicant is requesting conditional use approval to constrict a 206,347 -square foot Walmart store and a 30,000 -square foot retail store. This application is a 76,618 -square foot expansion of the previously approved Meridian Crossroads Shopping Center. The 12.3 -acre site is located at the southeast corner of Records Drive and Fairview Avenue. The site is estimated to generate approximately 7,600 additional daily vehicle trips per day based on the submitted traffic study. The previous approval for this site was estimated to generate 4,800 additional daily vehicle trips. This expansion will increase traffic from the previous approval by 2,800 vehicle trips per day. On September 23, 1998, the Commission approved MCUP17-98, a request for conditional use approval for an 848,000 -square foot retail shopping center. That 74.74 -acre site is located on the southeast corner of Eagle Road and Fairview Avenue in Meridian. A portion of the project site, approximately eleven acres, was approved for development. That portion of the project site would have been expected to include approximately 160,000 -square feet of commercial space. The current application has proposed a 76,618 -square foot addition to what was previously approved for the portion of MCUP 17-98 east of Records Drive. This portion of the original development was estimated to generate 4,800 -additional vehicle trips per day upon full occupancy based on the submitted traffic study for that site. The District has since required a supplemental traffic analysis and conceptual review of the entire site with the proposed addition. Roads impacted by this development: Eagle Road Fairview Avenue Records Drive ACHD Commission Date - January 5, 2000 - 7:00 p.m. w: z LESLIE a MEADOWGRASS - FRANKLIN - DRIFTWOOD _ PRESIDENT 0 EXECUTIVE _ O _ U O GRANGER----._ CLOVER MEADOWS O � - z w w. o Ji o WILSON JEWELL v T A - X PINE O pp COMMERCIAL- _ G7 _ LANARK_ r5r _ _ SPRINGWOOD AUTUMN FRANKLIN - DRIFTWOOD _ PRESIDENT 0 EXECUTIVE _ O _ U O GRANGER----._ CLOVER MEADOWS O _... _ - z FRANKLIN - DRIFTWOOD _ PRESIDENT 0 EXECUTIVE _ O _ U KOPOS-C-D .� T UV -E STL9t-OT F17— , —� PRRO4s8p V-(-)1g61v4R T ao6, 3y7 -- Sq L"igc LL T I ' I wo 0 0 I ' I I m 0 1 � o I ��I llllllla .AIlI I11111111I�}j}jj'�j�� }}frrwlr uwwuw .��iiiTTiTIilT1T11A� O 0 O O O O 0 0 0 0 0 4) W J Q Q p r• -50 N cc CL0,0)Q CL — — Q 55 oc ca�^ _ UQ U DoU N ON O J N C N G G i 0 N 7 �Ucr_ i w �� N =l IZ i UI - 3 I.. 0 O O O O, O O O 0 N 0) al L CL N L U- _______________ 1 l v NiaoN i 1 `E�G�e Rol4� I 11 I MI 3100 9 U 2 N 0 7 a SI 311W 3/VJ Y Q Z ❑ a LL ¢ LL _ 2 'Od 31VOE13AOIO z - cc 0 O OVOd 31oV3 Z a 0 O O O O, O O O 0 N 0) al L CL N L U- _______________ 1 l v NiaoN i 1 `E�G�e Rol4� I 11 Facts and Findings: A. General Information Owner - Developers Diversified Realty Corporation Applicant - Developers Diversified Realty Corporation (C/O the Dakota Company Inc.) C -C - Requested zoning 12.3 - Acres 236,347- Square feet of proposed buildings 145 - Traffic Analysis Zone JAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Eagle Road (State Highway 55) Principal arterial Traffic count 27,564 on 10/97, peak hour count on 9/8/98 = 2801 vph s/o Fairview Avenue 0 -feet of frontage Comply with ITD requirements Eagle Road is improved with 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 Traffic count 21,900 on 10/97, peak hour count on 9/8/98 = 2026 vph e/o Eagle Road 2460 -feet of frontage (current application only) 100 to 120 -feet existing right-of-way (50 to 60 -feet from section line) 120 -feet required right-of-way (60 -feet from section line) Fairview Avenue is improved with 68 -feet of pavement, five travel lanes, and no curb, gutter or sidewalk abutting the site. Records Drive Local/commercial street with no bike lane designation Traffic count not available 822 -feet of frontage 60 to 76 -feet existing right-of-way (30 to 38 -feet from centerline) No additional right-of-way required Records Drive has been constructed as a 65 -foot street section (with curb, gutter and 5 -foot wide concrete sidewalk) from Fairview Avenue to a point 300 -feet south of Fairview Avenue. From a point 300 -feet south of Fairview Avenue to the Crossroads Subdivision, Records Driveway has been constructed as a 41 -foot street section with curbs, gutters, and sidewalks. There is a median in Records Drive that restricts an existing driveway on the west side of Records Drive, and will restrict a proposed driveway on the east side of Records Drive to right- in/right-out. MCUP0004.CMIv1 Page B. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Constriction Services at 387-6280 (with file numbers) for details. C. Eagle Road traffic volumes have increased at an annual average of 16% over the last seven years. Traffic has increased at an annual average of 20% over the last four years. The COMPASS (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 COMPASS forecast is likely low, based on observed development rates and counts. D. District staff requested an extensive traffic impact study summary for MCUP98-17, which included this site because: 1. the proposed development exceeded the District's trip generation 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. E. A supplemental traffic analysis has been submitted for the expansion of the previous conditional use application and the key findings of the supplemental study are as follows: 1. The proposed project is estimated to generate 7,600 additional daily vehicle trips. 2. The previous approval for this site was estimated to generate 4,800 additional daily vehicle trips. 3. The proposed expansion will increase traffic from the previous approval by 2,800 vehicle trips per day. 4. The proposed project is estimated to generate 725 total peak hour vehicle trips, adding approximately 480 peak hour vehicle trips to the external trip network because of pass by trips already on the adjacent roadways. 5. The anticipated peak hour vehicle trips are the result of a trip rate of 3.021 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) for shopping centers. 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. 6. The analysis recognized that the Records Drive/Fairview Avenue intersection was signal controlled. 7. The District anticipates that the Fairview Avenue/Venture Street intersection may be signalized in the future. The applicant should be required to locate any proposed driveway on Venture Street a minimum of 175 -feet south of Fairview Avenue. 8. In addition to Records Drive, there are three other proposed driveways on Fairview Avenue. The new driveways all meet District policy. However, only the middle driveway meets current District policy for frill -access operation. Current District policy allows a maximum of three access points for one frontage. 9. Fairview Avenue is a principal arterial. As such, Level of Service (LOS) E is an acceptable condition for the intersections on this roadway. MCUP0004.CMM Page 3 10. Fairview Avenue is a five lane facility with a center turn lane abutting the project site. 11. The Eagle Road/Fairview Avenue intersection currently operates at LOS D. 12. The Eagle Road/Fairview Avenue intersection is anticipated to operate at LOS E with the "existing plus project" traffic volumes and the geometric improvements required of the applicant under MCUP98-0017. The previous requirement included provisions for dual left turn lanes and free right turn lanes on all approaches of the intersection. The requirements do not have to be completed until the project site reaches a total floor area of 450,000 -square feet. With the current proposal and the previously approved projects, the site does not yet reach the 450,000 -square feet level. 13. The Fairview Avenue/Records Drive intersection will operate at LOS D with the "existing plus project" traffic volumes and the existing lane geometry. 14. The remaining, unsignalized, frill access site driveways will operate similar to right- in/right-out facilities during peak hour conditions. The through traffic volumes on Fairview Avenue are so high that there will be few opportunities for left -turns at any of the non -signalized intersections. The demand for left turns at the unsignalized intersections far exceeds the available capacity. These intersections only function acceptably because the excess traffic can be diverted to a signalized intersection at Records Drive. This condition is caused by a combination of high traffic volumes on the arterial streets and at the site driveways. F. The original traffic analyses identified the following public street improvements needed to accommodate the additional traffic created by this project and the normal growth of background traffic: 1. Construct dual left turn lanes on the Fairview Avenue legs of the Eagle/Fairview intersection prior to the phase of construction that exceed 450,000 -square feet of development for MCUP98-17 or the subject application. 2. 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. 3. Dedicate additional right-of-way on Fairview Avenue for a westbound left turn lane at the Fairview Avenue/Records Drive intersection. 4. Construct an eastbound lane on Fairview Avenue from the Records Drive 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. The developer should be required to integrate adequate drainage swales alongside Fairview Avenue into the landscaping scheme for the development. Coordinate the design of the drainage swale and sidewalk with District staff. 5. Constrict a five-foot sidewalk on Fairview Avenue abutting the site. 6. Construct the needed improvements to create dual left -turn lanes on Eagle Road at the Eagle/Fairview intersection when the site development reaches 450,000 GSF. G. The standard impact fee for the retail center is $2,298 per 1,000 sq ft of building area. The original 850,000 sq ft retail complex would normally be expected to pay a Road Impact Fee of approximately $2 million. The applicant has submitted an individual assessment for the project site. The assessment identified the site's location adjacent to a State Highway and reported an impact fee of $1,744 MCUP0004.CMM Page 4 per 1,000 sq ft of building area. The original 850,000 sq ft retail complex would normally be expected to pay a Road Impact Fee of approximately $1.5 million. The District accepted the individual assessment, thereby reducing District Impact Fee Revenue by almost $500,000. The current application includes 236,347 -square feet of retail buildings. Under the current impact fee structure, the applicant would be expected to pay a Road Impact Fee of approximately $543,125. Using the cost figures from the previous assessment, the impact fees would be expected to total $412,190 thereby reducing District Impact Fee Revenue by $130,935. H. Fairview Avenue is an ACHD functionally classified roadway and, as such, would be eligible for the use of impact fee revenue to increase the capacity, if such improvement is included in the Capital Improvements Plan (CIP) and the Five Year Work Program (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 improvements at the appropriate time, partially funded from impact fee revenue. The large volume that will be generated by the proposed development accelerates the need for those 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: System Improvements are capital improvements other than a site -related improvement which is a public facility and is designed to provide service to the community at large. The costs of these improvements would be offset from the Road Impact Fees for the project: a. Construct dual left turn lanes on the Fairview Avenue legs of the Eagle Road/Fairview Avenue intersection. b. Dedicate additional right-of-way on Fairview Avenue for a westbound left turn lane at the Fairview Avenue/Records Drive intersection. C. 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. 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. Constrict an eastbound lane on Fairview from the Records Street 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 and gutters along the frontage of this site and use roadside swales to control runoff from Fairview Avenue. The developer should be required to integrate adequate drainage swales alongside Eagle Road and Fairview Avenue into the landscaping scheme for the development. Coordinate the design of the drainage swale and sidewalk with District staff. MCUP0004.CMM Page 5 b. Construct the needed improvements to create dual left -turn lanes on Eagle Road at the Eagle/Fairview intersection when the site development reaches 450,000 GSF. C. Constrict a five-foot sidewalk on Fairview Avenue abutting the site. I. The applicant is proposing to construct three curb return driveways with 25 -foot curb radii on Fairview Avenue. The driveways are proposed to be constricted and located as follows: ♦ The western driveway, located 220 -feet east of Records Drive, and constructed 24 to 30 - feet wide. Based on the submitted traffic study the applicant should be required to provide a minimum of 50 -feet of storage for the inbound and outbound travel lanes. Current District policy requires this driveway to be restricted to right-in/right-out operations. ♦ The middle driveway, located 600 -feet east of Records Drive, and constructed 60 -feet wide with two in -bound lanes, an island, and two out -bound lanes. Based on the submitted traffic study the applicant should be required to provide a minimum of 100 - feet of storage for the inbound travel lane and 75 -feet of storage for the outbound travel lane. Current District policy allows this driveway to operate as a full access driveway. ♦ The eastern driveway, located 220 -feet west of the proposed Venture Street and constructed 24 to 30 -feet wide. Based on the submitted traffic study the applicant should be required to provide a minimum of 50 -feet of storage for the inbound and outbound travel lanes. Current District policy requires this driveway to be restricted to right-in/right-out operations. In accordance with District policy, the applicant may construct a maximum of three driveways on Fairview Avenue a minimum of 440 -feet for a full access driveway and 220 -feet for a right- in/right-out driveway from any public street intersection and 220 -feet from all existing or proposed driveways. The proposed locations and designs of the driveways meet District policy. The applicant should also be required to install a 30" by 30" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Coordinate the design, storage length and location of the driveways with District staff. J. The applicant should be required to construct a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet east of the stop bar at the Fairview Avenue/Records Drive intersection to a point 50 -feet east of the eastern edge of the driveway located 220 -feet east of Records Drive. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. K. The applicant should be required to construct a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet west of the stop bar at the Fairview Avenue/Venture Street intersection to a point 50 -feet west of the western edge of the driveway located 220 -feet west of the proposed Venture Street. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. MCUP0004.CMM Page 6 L. The applicant is proposing to constrict three driveways on Records Drive. Those driveways are located as follows: ♦ The northern driveway, located 175 -feet south of Fairview Avenue, and constricted 24 to 30 -feet wide. ♦ The middle driveway, located 400 -feet south of Fairview Avenue, and constricted 30 to 36 -feet wide. ♦ The southern driveway, located 40 -feet north of the south property line, and constricted 30 to 36 -feet wide. In accordance with District Policy a maximum of three driveways should be approved on Records Drive. The driveways should be located a minimum of 175 -feet south of Fairview Avenue and aligned or offset 150 -feet from all existing or proposed driveways. The site's proposed driveways meet District policy. The driveways should be constricted as 24 to 36 -foot curb return driveway with 15 -foot curb radii. The minimum storage length should be 50 -feet. Install a 30" by 30" high intensity STOP sign at the driveway's intersection with Records Drive. M. The applicant is proposing to construct a public road abutting the eastern property line. The roadway will align with Venture Street on the north side of Fairview Avenue. The following report will reference the roadway as Venture Street because it aligns with Venture Street on the north side of Fairview Avenue. The applicant is proposing to construct Venture Street as a 36 - foot street section with curbs, gutters, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. Current District policy requires that Venture Street, a commercial street, be constructed as a 40 -foot street section with curbs, gutters, and 5 -foot wide concrete sidewalks within 58 -feet of right-of-way. The applicant should be required to construct the roadway in compliance with District policy. N. The applicant is not proposing to construct any driveways on Venture Street. A driveway could be located on Venture Street a minimum of 175 -feet south of Fairview Avenue. O. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. P. 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. The following requirements are provided as conditions for approval: Site Specific Requirements: Dedicate sufficient additional right-of-way to total 60 -feet from section line of Fairview Avenue abutting the entire site. The right-of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 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 MCUP0004.CMM Page 7 /'1 submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. Constrict a 5 -foot wide concrete sidewalk on Fairview Avenue abutting the site prior to issuance of any Certificate of Occupancy. The constriction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. Constrict three curb return driveways with 25 -foot curb radii on Fairview Avenue. The driveways shall be located and constructed as follows: ♦ Locate the western driveway 220 -feet east of Records Drive. Construct the driveway 24 to 30 -feet wide and provide a minimum storage length of 50 -feet for the in -bound and out -bound approach. ♦ Locate the middle driveway 600 -feet east of Records Drive. Constrict the driveway 60 - feet wide with two in -bound lanes, an island, and two out -bound lanes. Provide a minimum storage length of 75 -feet for the outbound lanes and 100 -feet for the inbound lanes. ♦ Locate the eastern driveway 220 -feet west of the proposed Venture Street. Construct the driveway 30 -feet wide and provide a minimum storage length of 50 -feet for the in- bound and out -bound approach. Install 30" by 30" high intensity STOP signs at all three driveway's intersections with Fairview Avenue. Coordinate the design, storage length and location of the driveways with District staff. 4. Construct a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet east of the stop bar at the Fairview Avenue/Records Drive intersection to a point 50 -feet east of the eastern edge of western driveway. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. Construct a six-inch raised median in the center of Fairview Avenue, from a point 10 -feet west of the stop bar at the Fairview Avenue/Venture Street intersection to a point 50 -feet west of the western edge of the driveway. Coordinate the design and location of the median with District staff. Submit a design of the median to the District's Traffic Service's Supervisor for review and a letter of approval. Construct three curb return driveways with 15 -foot curb radii on Records Drive. Locate and constrict the driveways as follows: ♦ Locat the northern driveway 175 -feet south of Fairview Avenue, and construct as a 24 to 30 -feet wide curb return driveway with 15 -foot curb radii. ♦ Locate the middle driveway 400 -feet south of Fairview Avenue, and constrict as a 30 to 36 -feet wide curb return driveway with 15 -foot curb radii. ♦ Locate the southern driveway 40 -feet north of the south property line, and constrict as a 30 to 36 -feet wide curb return driveway with 15 -foot curb radii. The minimum storage length shall be 50 -feet. Install 30" by 30" high intensity STOP signs at the driveway's intersections with Records Drive. MCUP0004.CMM Page 8 7. Construct Venture Street along the eastern property line as a 40 -foot street section with curbs, gutters, and 5 -foot wide concrete sidewalks within 58 -feet of right-of-way. Locate Venture Street off Fairview Avenue to align with the existing Venture Street on the north side of Fairview Avenue. Coordinate the location of the Venture Street/Fairview Avenue intersection with District staff. Locate any proposed driveway on Venture Street a minimum of 175 -feet south of Fairview Avenue. Constrict the driveway as a 24 to 30 -foot wide curb return driveway with 15 -foot curb radii. Coordinate the location and design of the driveway with District staff. 9. 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 2,460 -feet). The applicant will not be compensated for this construction. 10. 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. 11. The applicant shall be required to constrict 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. The applicant will not be compensated for this construction. 12. 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. The cost of this improvement will be offset from the road impact fee to be collected for the development. 13. Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. 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 identify 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 shall be submitted to the District no later than 9.00 a m on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. MCUP0004.CMM Pa -e 9 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 specifically id n ify each requirement to be reconsidered and include written documentation of 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. Payment of applicable road impact fees are required prior to building constriction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and constriction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 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. 111 MCUP0004.CMM Page 10 10N, January 10, 2000 RECEIVED To: Ada County Highway District Commissioners JAN 10 2000 Ada County Highway District, Planning and Development Division City of Meridian Meridian Planning & Zoning Commission City Clerk office Meridian City Council From: Crossroads Subdivision Neighborhood Association, Inc. P.O. Box 409, Meridian, ID 83680 Re: E. Florence Drive As residents of Crossroads Subdivision, we are very concerned with the future plans for Florence Drive. After reviewing MCPA 99-03 (dated August 19, 1999 from Ada County Highway District, Subject: S/O Fairview E/O Eagle Rd., to Bill Clark, Clark Development) it appears that a new street called Venture is proposed which would run south from Fairview and connect with what would be an extension of Florence, with Florence eventually put through as far east as Cloverdale Road. Our primary concern is that in the future, the streets in our subdivision will be used to access the Crossroads Mall which is currently being built to the west and to the north of our homes. If Florence Drive is eventually extended to Cloverdale, vehicles will use Florence Drive to access the Mall and the Super WalMart via N. Records Drive. This would be an even more severe problem with the building of apartments to the east of us as requested by Clark Development. We also foresee a problem with shoppers who desire to go from the west side of the Mall to the north and may use E. Presidential and E. Florence to access N. Records Drive. We have already noted an increase in traffic through our subdivision during peak travel times. Furthermore, when Pine Street is developed to run from Eagle Road to Cloverdale Road, we feel that vehicles will use the streets in our subdivision to access the Mall, entering off of Pine via Harding. With an increase in through traffic, which we are sure will occur, we are very concerned about our safety as residents, especially our children. Also, we desire to maintain a residential atmosphere that we have struggled to obtain. January 10, 2000 Ray D. Ye le, President, Crossroads Subdivision Homeowner's Assoc. January 10, 2000 Robert P. Courval, Vice President, Crossroads Subdivision Homeowner's Assoc. ✓� January 10, 2000 Trace Rogers, Vi • President, Crossroads Subdivision Homeowner's Assoc. See attached petition: PETITION AND SIGNATURES We, the undersigned residents of the Crossroads Subdivision in Meridian, are opposed to any development outside of or adjacent to Crossroads Subdivision that will include or require through traffic or public access that uses. East Florence Drive or an extension of East Florence Drive to access the Meridian Crossroads Shopping Center or any development to the east of Crossroads Subdivision. Sincerely, The undersigned residents of the Crossroads Subdivision Alv,' S PHONE 34Z lorence Drive450E. Florence Drive �'SS 474E. Florence Drive ��-�Iz Florence Drive z PR N� rED NAME. rG C � IZ�QYS DATE �.("eI (iv'e7a t �J 591E. Florence Drive` R�j -.YZI7 _Do," 1OE. Florence Drive—_ E. Florence Drive .?Y9 -173i Florence Drive. �i- ��,%L_ 3623E. Florence Drive 3654E. Florence Driv �U) -3 J' 3655E. Florence DriZr - y- 367OE. Florence Drive - t-- --- 3671 E. Florence 3692E. Florence Drive 3693E. Florence Drive 37O6E. Florence Drive_ :_/=�3709E. Florence Drive (-q-Z (_13 -()0 _�_l ctioo . Florence Drive 3525E. Florence Drive ' i3 3526E. Florence Drive 3552E. Florence Drive _ 3553E. Florence Drive__ z2 3576E. Florence _ Drives 577E. Florence Drive EEL - o -t 3590E. Florence Drive PR N� rED NAME. rG C � IZ�QYS DATE �.("eI (iv'e7a t �J 591E. Florence Drive` R�j -.YZI7 _Do," 1OE. Florence Drive—_ E. Florence Drive .?Y9 -173i Florence Drive. �i- ��,%L_ 3623E. Florence Drive 3654E. Florence Driv �U) -3 J' 3655E. Florence DriZr - y- 367OE. Florence Drive - t-- --- 3671 E. Florence 3692E. Florence Drive 3693E. Florence Drive 37O6E. Florence Drive_ :_/=�3709E. Florence Drive (-q-Z (_13 -()0 _�_l ctioo r. PETITION AND SIGNATd1RES We, the undersigned residents of the Crossroads Subdivision in Meridian, are opposed to any development. %utside of or adjacent to Crossroads Subdivision that will include or require through tragic or public access that uses East Florence Drive or an extension of East Florence Drive to access the Meridian Crossroads Shopping Center or any development to the east of Crossroads Subdivision. Sincerely, The undersigned residents of the Crossroads Subdivision N ATI yRE ADDRESS 3724E. Florence � PHONE Drive i- i r nm P D NAME DATE � 07 3 27E. Florence Drive_ 3750E. Florence Drive.,-;? ?�- �-- __ _ 3786E. Florence Drive 05E. Florence Drive .__- L r f 308E. Florence Drive 2e c eee _ K-za is z 8 W3 3854E. 876 E. Florence Florence Drive Drive l ';' '7 �1 a /L. ZI/ 898E. Florence DriveSY-17 kDdE,<'T I s�`u(ke"' 7cr 3920E. Florence Drivel - o ? �_�-2,02 'cC 3939E. Florence Drive, -cry (a -:-!I ��09 3942E. Florence Drive _ 3964E. Florence Drive — 3986E. Florence Drive i� _ 4000E. Florence Drive 9�) El M cel-�I,C'41 PETITIOIN_AND SIGNATURES We, the undersigned residents of the Crossroads Subdivision in Meridian, are opposed to any development outside of or adjacent to Crossroads Subdivision that will include or require through traffic or public access that uses East Florence Drive or an extension of East Florence Drive to access the Meridian Crossroads Shopping Center or any development to the east of Crossroads Subdivision. Sincerely, The undersigned residents of the Crossroads Subdivision SIGNATURE ADDRESS Z 13ZY4 -3437E. Presidential L 468E. Presidential �3500E. Presidential J 3521 E. Presidential 3532E. ' 'r 543E. 3554E. 3565E. Presidential Presidential Presidential PHONE Drive 5- Drivea56'--w'-,16-'?7 Drive Drive ✓gc f Drive Drive -52e7 50? Presidential Drive Yg%- `/i - - 3576E. Presidential Drive gq ar 3583E. Presidential Drive SlY- Y5'3 3588E. Presidential Drive >=---" 3591 E. �--a 3612E. LIIULLu"'J�,- 3619E. —� 3626E. 653E. 654E. -,687E. 3688E. Presidential Presidential Presidential 7#f -)eo a PF'NTED N, DATE, �ht"- � 9/j'/ "( 1"Id G- _u� FOP - Syr L - )p 'tel k 5 ova k Drive T_�? 12 2c - Drive Drive 7 -0= tl( Presidential Drive c A -0 -ba z cowr""r Presidential Drive g s-o3qa_._ Presidential Drive a�-611z_ Presidential Drive R -1-Y51-7 c•14 " G<xw Presidential Drive eltS-'5�+ z, D&)s o� — 3701E. Presidential 3702E. Presidential 3720E. Presidential 3739E. Presidential 3742E. Presidential 3764E. Presidential Drive Drive Drive Drive Drive Drive Y_ a a -2 o ,ua; PETITION AND SIGNATURES We, the undersigned residents of the Crossroads Subdivision in Meridian, are opposed to any development outside of or adjacent to Crossroads Subdivision that will include or require through traffic or public access that uses East Florence Drive or an extension of East Florence Drive to access the Meridian Crossroads Shopping Center or any development to the east of Crossroads Subdivision. Sincerely, The undersigned residents of the Crossroads Subdivision SIGNATURE ADDRESS 3437E. Presidential PHONE Drive 3468E. Presidential Drive 3500E. Presidential Drive 3521 E. Presidential Drive 3532E. Presidential Drive 3543E. Presidential Drive 3554E. Presidential Drive 3565E. Presidential Drive 3576E. Presidential Drive 3583E. Presidential Drive 3588E. Presidential Drive 3591 E. Presidential Drive 3612E. Presidential Drive 3619E. Presidential Drive 3626E. Presidential Drive 3653E. Presidential Drive 3654E. Presidential Drive 3687E. Presidential Drive 3688E. Presidential Drive 3701 E. Presidential Drive 3702E. Presidential Drive 3720E. Presidential Drive M-303�0 ` 3739E. Presidential Drives+FY5-i 3742E. Presidential Drive T03g79 3764E. Presidential Drive 7 PRINTED NAME DATE PETITION AND SIGNATURES We, the undersigned residents of the Crossroads Subdivision in Meridian, are opposed to any development outside of or adjacent to Crossroads Subdivision that will include or require through traffic or public access that uses East Florence Drive or an extension of East Florence Drive to access the Meridian Crossroads Shopping Center or any development to the east of Crossroads Subdivision. Sincerely, The undersigned residents of the Crossroads Subdivision SI AT, ADDRESS PHONE SI 96E. Presidential Drive --'Ssi z- ' 800E. Presidential Drive 95 -cam 801 E. Presidential Drive 826E. Presidential Drive -3. 831E. Presidential Drive ?3,843E. Presidential Drive - 5_ �- 848E. Presidential Drive a-as77o YY)55E. Presidential Drivel 3 3864E. Presidential Drive 3867E. Presidential Drive 3872E. Presidential Drive .� 889E. Presidential Drive235 3890E. Presidential Drive 7 3893E. Presidential Drive 3914E. Presidential Drive W-;,-,!�-3973E. 915E. Presidential Drive3931 E. Presidential Drive Y / 7 94 3955E. Presidential Drive ZSL L s Presidential Drive �$�-I5yy 3997E. Presidential Drive PRINTED NAME DATE r lam ar Ala7a lee x 7t, To -r) mea o L'f aAl 7-116 -oc MIZE I x i /�►^r�'er� D t 7-c CYSIC� 4lZ Q PETITION AND SIGNATURES We, the undersigned residents of the Crossroads Subdivision in Meridian, are opposed to any development outside of or adjacent to Crossroads Subdivision that will include or require through traffic or public access that uses East Florence Drive or an extension of East Florence Drive to access the Meridian Crossroads Shopping Center or any development to the east of Crossroads Subdivision. Sincerely, The undersigned residents of the Crossroads Subdivision SIGNA' ADDRESS PHONE '1126N. Legislative Way 1158N. Legislative Way E2- 21172N. -11 72 Legislative Way,, - 2) " 1189N. Legislative Way 387-603V "I 04N. Legislative Way a29 va 4-211 N. Legislative Way ge ]9 ,1212N. Legislative Way R�" -y? 1229N. Legislative Way . 4-11Mi; 1230N. Legislative Way �g-lis. 256N. Legislative Way �3�-� -7 i PRINTED NAME DATE „' T ©W674� anC4 ;«a` �s ►1 �l o�� a,, r' PETITION AND SIGNATURES We, the undersigned residents of the Crossroads Subdivision in Meridian, are opposed to any development outside of or adjacent to Crossroads Subdivision that will include or require through traffic or public access that uses East Florence Drive or an extension of East Florence Drive to access the Meridian Crossroads Shopping Center or any development to the east of Crossroads Subdivision. Sincerely, The undersigned residents of the Crossroads Subdivision DRESS 878N. Principle 4-AT4f 896N. Principle ✓_—_^ _ 899N. Principle �f!ylP 918N. Principle _ 927N. Principle 936N. Principle _ 951 N. Principle Principle ✓� __ 975N. Principle ✓� 976N. Principle 992N. Principle �'3 N. Principle e1021 N. Principle �✓ 1024N. Principle ✓✓ _ 1043N. Principle ✓ 1046N. Principle F 1067N. Principle �-- 1068N. Principle mh ins" 1090N. Principle V/ .1091 N. Principle 1099N. Principle 1108N. Principle - - _4-1111 N. Principle d4wcau a�130N. Principle f _ _ 1133N. Principle PHONE Alay Way zz�7s A/ay — -- Way 3'33-a23v A/ay �-ss5"3 Way 8814- �s Way �qt-.Le-� Way �3�i- sco-t _ Way Way _ A/ay 9 Way -- ---- Way z�-z-3 -- WayzL�-Z3 _ Way - Way ��)9r--g.uT Way_ Way --7,*-\�D Way esty-337 _.._ Way 244 - 094,5 - - Way P1RIN., TED NAME DATE Vp (OCQV11 OU Q�1') M Z L ._ ma��/C�rJS l-$-00 Nc es OM e,* GI�ALu U�9,UAr�IEI� �U /� Way as, - igL l _ 16- ij�� Way az-2t.35 Way - C�54 Ways Way----- --------- _.----- ----- --- x PETITION AND SIGNATUTRES We, the undersigned residents of the Crossroads Subdivision in Meridian, are opposed to any development outside of or adjacent to Crossroads Subdivision that will include or require through traffic or public access that uses East Florence Drive or an extension of East Florence Drive to access the Meridian Crossroads Shopping Center or any development to the east of Crossroads Subdivision. Sincerely, The undersigned residents of the Crossroads Subdivision V. N��/ VA ADDRESS PHONEP D NAME DATE 1154N. Principle Way $ -(/SY _ ap 3E9,Wv�oo 1155N. Principle Way Lolvz-i�r� Vek,�aw �/910Q 1177N. Principle Way Z22-'542 � 11 80N. Principle Way_z�,v l_ 1200N. Principle Way 93�-877 Je55,cr, 12 N. Principle Way 1225N. Principle Way�sg-.,,7L 1 123+6N. Principle Way %$-519y CarrfQ kolbrook 1-9-00 1241 N. Principle Wayasg,�0 M�.�:��a�a� _ 60N. Principle Way _�(r ,/✓ 12N. Principle Wayr-56y,� .-14, PETITION AND SIGNATURES We, the undersigned residents of the Crossroads Subdivision in Meridian, are opposed to any development outside of or adjacent to Crossroads Subdivision that will include or require through traffic or public access that uses East Florence Drive or an extension of East Florence Drive to access the Meridian Crossroads Shopping Center or any development to the east of Crossroads Subdivision. Sincerely, The undersigned residents of the Crossroads Subdivision ,SIGNATiURE ADDRESS (972N. Caucus 994N. Caucus ��1018N. S q# Caucus 1029N. Caucus 1036N. Caucus 1057N. Caucus 1062N. Caucus 1073N. Caucus 1080N. Caucus 1�95N. Caucus 1096N. Caucus 1110N. Caucus 1111 N. Caucus 1132N. Caucus 1�{ ' 1133N. Caucus 1151 N. Caucus %I 54N. Caucus �rt- 1176N. Caucus r , 1187N. Caucus 1198N. Caucus 1222N. Caucus 1225N. Caucus Caucus �1238N. ��C:il n��rti -S'- 247N. Caucus PHONE Way, - Way Ways -1 Way Way Way Way Way PRINTED NAME DATE C r Way Way -�3 Way _ s Way 2,?8- 0/-�� Way 2.88-43y Ways-�g� Way Way way ,�JBg % 2 T, f�-)O �i Q/ -OR-200 0 (�y�,�o , A10,61.5_v 9 J-,J)V ( may c( - cf , Ways S q# oc) Way �i5 c�- Way Way ORA )LILIEV Way coev- i-9- 00 Way Way -�3 Way _ s Way 2,?8- 0/-�� Way 2.88-43y Ways-�g� Way Way way ,�JBg % 2 T, f�-)O �i Q/ -OR-200 0 (�y�,�o , A10,61.5_v 9 J-,J)V ( may c( - cf , r-1 PETITION AND SIGNATURES —1 We, the undersigned residents of the Crossroads Subdivision in Meridian, are opposed to any development outside of or adjacent to Crossroads Subdivision that will include or require through traffic or public access that uses East Florence Drive or an extension of East Florence Drive to access the Meridian Crossroads Shopping Center or any development to the east of Crossroads Subdivision. Sincerely, The undersigned residents of the Crossroads Subdivision SIGNATURE ADDRESS PHONE PRINTED NAME DATE 3405E. Congressional Dr. = 3417E. Congressional Dr. ;Li -- 3423E. Congressional Dr. 3497E. Congressional Dr.-►� G `�� ' ' !��1�' -� a�°' L :2 3512E. Congressional Dr. -V-5-L -71 3515E. Congressional Dr. 3534E. Congressional Dr. ?g'? - 3537E. Congressional Dr. 3555E. Congressional Dr. 95 -o < < I )d 3556E. Congressional Dr. 3573E. Congressional Dr. '3578E. Congressional Dr. 3591 E. Congressional Dr. ci 7l, .5K » '692E. Congressional Dr. f'IS�% (74 3607E. Congressional Dr. I i�t- 3610E. Congressional Dr. 3632E. Congressional Dr. T' 3635E. Congressional Dr. g�5 -c -s,--,-7 V6n6L LL&I cc r/ 3654E. Congressional Dr.� 3661 E. Congressional Dr. 3678E. Congressional Dr. 3689E. Congressional Dr. .► , � 3690E. Congressional Dr. Z f: , zf; 13 �k6 00ivlbrj f, 3703E. Congressional Dr. 3708E. Congressional Dr. Grv-n PETITION AND SIGNATURES We, the undersigned residents of the Crossroads Subdivision in Meridian, are opposed to any development outside of or adjacent to Crossroads Subdivision that will include or require through traffic or public access that uses East Florence Drive or an extension of East Florence Drive to access the Meridian Crossroads Shopping Center or any development to the east of Crossroads Subdivision. Sincerely, The undersigned residents of the Crossroads Subdivision SIGNATURE ADDRESS PHONE PRINTED NAME DATE 3717E. Congressional Dr. i 3722E. Congressional Dr.� �� S: �� 44�&,rr,;�,Ak-/3729E. Congressional Dr. 0 PETITION AND SIGNATURES We, the undersigned residents of the Crossroads Subdivision in Meridian, are opposed to any development outside of or adjacent to Crossroads Subdivision that will include or require through traffic or public access that uses East Florence Drive or an extension of East Florence Drive to access the Meridian Crossroads Shopping Center or any development to the east of Crossroads Subdivision. Sincerely, The undersigned residents of the Crossroads Subdivision SIGN AT E S PHONE PRINTED NAME 349E. isen hower Dr. - (, 1_: �� ti 3435E. Eisenhower Dr. 71-T 4a Eisenhower Dr.k - �- 463E. Eisenhower Dr. 471 E. Eisenhower Dr. Y�-,t v 3 2 3476E Eisenhower Dr 3483E. Eisenhower Dr.== '" 5 3510E. Eisenhower E. Eisenhower Dr..Ts E. Eisenhower Dr. E. Eisenhower Dr. E. Eisenhower Dr. E. Eisenhower Dr. . Eisenhower Dr. . Eisenhower Dr. S &4S,---,(- . Eisenhower Dr. . Eisenhower Dr. . Eisenhower Dr.��f 7� . Eisenhower Dr. Eisenhower Dr--OS-117y6, . Eisenhower Dr. 89s-Cr?�Yd E. Eisenhower Dr. X 9-5.8 Fr E. r �111NLa .L DATE J 4- aA77ZiAun� _ . Eisenhower Dr. 3517 �,vr,C�-� owe, 3524 . Eisenhower Dr. 35 9 71-"d Z , 35 Eisenhower Dr. 3551 0d,(S�6L k-� 3566E -` `-'- 3577E 3582E 3604E 3618 E 3621 E o 3835E. ' 3846E 4 z� •.,.�___ 3851 3873E 3889E ,-�- 3892 E. Eisenhower Dr..Ts E. Eisenhower Dr. E. Eisenhower Dr. E. Eisenhower Dr. E. Eisenhower Dr. . Eisenhower Dr. . Eisenhower Dr. S &4S,---,(- . Eisenhower Dr. . Eisenhower Dr. . Eisenhower Dr.��f 7� . Eisenhower Dr. Eisenhower Dr--OS-117y6, . Eisenhower Dr. 89s-Cr?�Yd E. Eisenhower Dr. X 9-5.8 Fr E. r �111NLa .L DATE J 4- aA77ZiAun� _ . Eisenhower Dr. V ��Q� �,vr,C�-� owe, . Eisenhower Dr. 2 � 0�''-� 71-"d Z , / r C -Z Eisenhower Dr. 2- 6C -0z d T 0d,(S�6L k-� l - Y - &IJ M ly Y PETITION AND SIGNATURES We, the undersigned residents of the Crossroads Subdivision in Meridian, are opposed to any development outside of or adjacent to Crossroads Subdivision that will include or require through traffic or public access that uses East Florence Drive or an extension of East Florence Drive to access the Meridian Crossroads Shopping Center or any development to the east of Crossroads Subdivision. Sincerely, The undersigned residents of the Crossroads Subdivision SIGNATURE ADDRESS PHONE PRINTED NAME DATE 3917E. Eisenhower Dr. 3642E. Eisenhower Dr.P& 3643E. Eisenhower Dr. 3664E. Eisenhower ^C .� v\ Z"r 3665E. Eisenhower Dr. �C/s 6)2 I ��, ; I� l /1716' c 1443686E. Eisenhower Dr611 J� k44vnq -Si� 0/1 k7�687E. Eisenhower Dr. 3698E. Eisenhower Dr. 3701 E. Eisenhower Dr. d' 3718E. Eisenhower Dr. 3725E. Eisenhower Dr. 6E. Eisenhower Dr. 997 - kaA�'� a',3411 3754E. Eisenhower Dr. 3757E. Eisenhower Dr. 3772E. Eisenhower Dr. 3775E. Eisenhower Dr. js y r --D2 ` k-e"� e'&5� /-8-cc" J' V 790E. Eisenhower Dr. Ul 1�2i 3791 E. Eisenhower Dr. 3808E. Eisenhower Dr. &da3813E. Eisenhower Dr. �?-KE kr�\,LQkZ 3820E. Eisenhower Dr.�L� s�� ru_ . PETITION AND SIGNATURES We, the undersigned residents of the Crossroads Subdivision in Meridian, are opposed to any development outside of or adjacent to Crossroads Subdivision that will include or require through traffic or public access that uses East Florence Drive or an extension of East Florence Drive to access the Meridian Crossroads Shopping Center or any development to the east of Crossroads Subdivision. Sincerely, The undersigned residents of the Crossroads Subdivision G A ADDRESS 901 N. Filmore Dr. 937N. Filmore Dr. 31m 958N. Filmore Dr. 963N. Filmore Dr. 1043N. Filmore Dr. ,:e& ��d'W' ,*071 N. FiImore Dr. 863N. Filmore Dr. 889N. Filmore Dr. PHONE PRINT NAME DATE �� s`f �3 ��ttYr E ► .� 00 V PETITION AND SIGNATURES We, the undersigned residents of the Crossroads Subdivision in Meridian, are opposed to any development outside of or adjacent to Crossroads Subdivision that will include or require through traffic or public access that uses East Florence Drive or an extension of East Florence Drive to access the Meridian Crossroads Shopping Center or any development to the east of Crossroads Subdivision. Sincerely, The undersigned residents of the Crossroads Subdivision SIGNATURE, ADDRESS 3485E. Judicial PHONE (' Drive 9. 3511E. Judicial Drive, 3512E. Judicial Drive 3533E. Judicial Drive 3534E. Judicial Drive 11/1 LVA/-�A565E. X Judicial Drive '7- y 3566E. Judicial Drive 35871E. Judicial Drive 1'3 �:-73 3588E. Judicial Drive -7 3599E. Judicial Drive a'A.�'3600E. Judicial Drive -�v- 3,7s"-, C- L�36221E. Judicial Drive 3623E. Judicial Drive 1 -7 �/:�:1-3644E. Judicial Drive4 - .,f P Judicial Drive- ,;na-�,o3o, 3683E. Judicial Drive 3686E. Judicial Drive 3705E. Judicial Drive S7 6-%'71 V, 3718E. Judicial Drive 3727E. Judicial Drive 3738E. Judicial a Drive /o)� 3745E. Judicial Drive ?,?t/ 3762E. Judicial Drive 826N. Harding Way PRINTED NAME DATE iA� V 0i ,01-1 /"N January 12, 2000 Crossroads Neighborhood Association Inc. REcEIvED PO BOX 409 JAN 12 anng Meridian, ID 83680 City of Meridian City Clerk Offiep Meridian Planning & Zoning Dept. �, J 200 E. Carlton Ave Meridian, ID 83642 Z ATTN: Shari Stiles i Re: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR COMMERCIAL -EXPANSION OF THE MERIDIAN CROSSROADS SHOPPING CENTER (WALMART) BY DEVELOPERS DIVERSIFIED REALTY CORP. C/O DAKOTA COMPANY, INC. -SOUTHEAST CORNER RECORDS DRIVE AND FAIRVIEW AVENUE: Dear Ms Stiles The Crossroads Neighborhood Association, Inc., has never been provided an opportunity for a meeting to review the Walmart proposed project, with the applicant. The applicant has never contacted the Association to discuss any issues, or schedule any meetings with the homeowners, nor has any notices been received by the Association, for any hearings, cancellations, or re -scheduling. We do own land within three hundred feet (300') of the external boundaries of the land being considered, and the authentic tax records of Ada County, show our address as CROSSROADS NEIGHBOR- HOOD ASSN INC., PO BOX 409, MERIDIAN, ID 83680. The list Developers Diversified Realty Corp. provided the CITY CLERKS office, was 2304 DT, Cole Rd, Boise, ID 83704, the address for Capital Development Corp., that relinquished their control to a new Board of Directors, for Crossroads Neighborhood Associa tion, Inc. in July, 1999. Capital Development has never been in contact with our Board of Directors, concerning any_ outside development projects. A Agreement was signed between Crossroads Neighborhood Association & Capital Development on October 26, 1999, that included the Association would be re- sponsible, "working with neighboring developer on all issues pertaining to adjacent developments including streets, buffering and landscaping and all other duties within the Crossroads Neighborhood Association." Because of the failure of the Applicant, Developers Diversified Realty Corp., to attempt or hold any meeting to review the above proposed project with the Crossroads Neighborhood Association Inc. Board of Directors, or members, or to schedule any meetings, and for their failure to give proper notices to the same, as required by Meridian City Code, 1999, we ask for a delay in this hearing, scheduled as a Public Hearing with the Meridian Planning and Zoning Commission, for Wednesday, January 12, 2000-7:00 PM, for 30 days or One (1) month, while an impact study can be made, for the safety, health, and welfare.=LE, with Crossroads res- idents. - �OSSROADS, PRESIDENT cc:rdy Agreement between Crossroads Neighborhood Association & Capital Development October 26, 1999 The Crossroads Neighborhood Association had questions about subdivision and common area items. In a meeting on October 26. 1999 at the office of Capital Development, attended by Ramon Yorgason and Dave Yorgason from Capital Development, Ray Yehle (Chairman of the CRNA Board). Trace Rogers (Board Member), Dave Barnes (Chairman of Maintenance Committee), Gary Quigley (Chairman of Finance Committee) and Marcy Haves (Secretary), it was agreed upon that responsibilities to address these items would be as follows: Capital Development 1. Relocate, remove and add sprinklers as needed to the the common areas. 2. Construct seepage pits and drain lines as needed and identified by Crossroads Neighborhood Association. 3. Pay $1,000 to Crossroads Neighborhood Association as payment toward the cost of flushing the pressurized irrigation main line. 4. Pay $1,000 to Crossroads Neighborhood Association for the purpose of helping with any miscellaneous or unforeseen costs which they may incur. 5. Pay up to $250 to Crossroads Neighborhood Association for the purpose of matching funds received by other donations for the purpose of assisting in the landscaping of the home located at 3590 Florence. Crossroads Neighborhood Association will be responsible for ongoing maintenance including replacing trees, broken fences, installation and maintenance of common area filters, any future sprinkler repair or maintenance, drainage, or landscaping problems, collection of dues and payment of bills, CC&R enforcement, working with neighboring developer on all issues pertaining to adjacent developments including streets, buffering and landscaping and all other duties within the Crossroads Neighborhood Association. Crossroads Neighborhood Associationmit 1 Development Ray�Y4hle, Chairman *Ramon— Yor nn 1-12-00 To Whom It May Concern, 'RECEIVED JAN 12 2000 City of Meridian City Clerk OffieF Oro' Y, 14 Piz My wife ad I live at 1211 N. Legislative Way in Crossroads Sub. We have lived there since February of 1999. This is about the request for conditional use permit for commercial -expansion of the Meridian Crossroads Shopping Center { Walmart j By developers Diversified Realty Corp. CIO Dakota Company, Inc. Northeast Corner Records Dr. and Fairview Ave. Item 16 on your schedule of tonights meeting of January 12th. We are not for this change. We already have a Shopko here. We have a Fred Meyers just down the street to the west, we have an Albertson down Eagle road plus a Shopko, Winco, Rite Aid, Walgreens to the east of us. WE DO NOT NEED A WALMART HERE! When we moved in here, we knew that a Shopko was going in here. Then we were told that the rest would be a little strip mall around from that, plus there would be a movie theater, a westeren store, Old Navy, and a grocery store. Since then ther has been a Jr. High to our south, there is going to be apartments to our east and now they want to put a Walmart to our north. Fairview and Eagle road is a bad dream now as far as traffic. Please don't make it into a nightmare ! We hope and pray that you will use reason and turn this down. It will bring our property value down and create a traffic mess { look at the Overland site j It will also disrupt a way of life. There are already cars cutting through our sub to get to Shopko and the Texas Road House. We realize it would be a tax boast for Meridian, but we hope that this time you will think of the misery it will cause insted of the money. Thank you for your consideratioon. Sincerly, Ery W. and Pamela K Helm DAKOTA - C 0 M P A N Y, INC. January 12, 2000 Ms. Sahri Stiles Planning Director & Zoning Administrator City Of Meridian 200 East Carlton Suite 201 Meridian, Idaho 83642 RE: Meridian Crossroads Shopping Center - Phase II Expansion Conditional Use Permit Application Response To Staff Report Comments And Questions Dear Shari: ray 12 z000 c1rYof Mt�a X14e? t1 The following provides a clarification to several of the "Site Specific Comments" contained in the Staff Report prepared by Mr. Bruce Freckleton and Mr. Steve Siddoway for the above referenced Conditional Use Permit application. The numbers below correlate to the numbers used in the Staff Report under "Site Specific Comments". #5: The percentage of open space is 10.24%. This includes the landscape buffers along Faiview Avenue, Records Avenue, Venture Street and the entire south boundary. None of the interior landscape islands are included in the percentage nor any of the landscaping shown for Lot #3. #6: The site plan did inadvertently eliminate two internal parking lot landscape islands, which were shown on the landscape plan, one in row #3 and one in row #5. These two landscape islands have been added to the site plan. Two,copies of the revised site plan are enclosed. #8 Twenty foot and thirty foot wide landscape setbacks are provided along Fairview Avenue. A 20' wide setback is the same that was used along Fairview Avenue for Phase I of the project west of Records Avenue. To increase the set back to 35' would move the entire parking lot south, decreasing the setback along the Crossroads subdivision from 31' to 21' The site plan was designed to maximize the setback along the interface with the Crossroads subdivision. ■ PHONE (208) 343-5223 FAX (208) 343-4954 380 EAST PARKCENTER BLVD. SUITE 100 Ms. Shari Stiles January 12, 2000 page 2/2 #12: A 10' wide landscape setback for 230' along Venture Street is provided. Included within the setback is a 6' high block wall. The length of the 10' wide setback is approximately 230'of the 590'of frontage along Venture Street. The set back along the remaining frontage varies and is larger to 10'. The loading dock is approximately 60' from the Venture Street right-of-way. The back of the building is approximately 120' from the right-of-way. Including the 50' wide right-of-way for Venture Street, the loading dock is over 110' from the entry to the cemetery. Funeral services will be taking place well back from the entry into the cemetery and will be several hundred feet from the project. #19: There was mistake in the parking count on the site plan. The correct count for lot 1 is shown on the enclosed site plan: Full Size Stalls 895 Compact Stalls 120 Handicap Stalls 20 Total: 1,035 The parking counts for Lot #2 would be updated when the building and site plan are finalized. #20: The square footage of parking lot and required tree count is: Lot #1 Parking Area 490,066 Tree Count 327 Lot #2 Parking Area 63,801 Tree Count 43 77) #27: An updated legal description of the parcel to be rezoned is enclosed. Please review. Should you have any additional questions please give me a call. Sincerely, i Tom Bauwens Dakota Company, Inc. For Developers Diversified Realty Corp. DAKOTA C 0 M P A N NC. January 12, 2000 Mr. Bruce Freckleton Assistant To City Engineer City Of Meridian 200 East Carlton Suite 100 Meridian, Idaho 83642 RE: Meridian Crossroads Shopping Center - Phase II Expansion Rezone Application #RZ-99-007 - Updated Legal Description Dear Bruce: 1�00 69�'� !ten J A N 12 2000 CITYOFMERIDIAN X Per your request and our discussion, enclosed is an updated legal description for the parcel that is being rezoned under application #RZ-99-007 as part of the Phase II expansion of the Meridian Crossroads shopping center. The legal description has been revised to run to the center line of Records Avenue and the section line of Fairview Avenue. Please review. Should you require any additional information please feel free to give me a call. Sincerely, Tom Bauwens Dakota Company, Inc. For Developers Diversified Realty Corp. enclosure cc: Ms. Sahri Stiles - COM w/enclosure ■ PHONE (208) 343-5223 FAX (208) 343-4954 380 EAST PARKCENTER BLVD, SUITE 100 onrcr —A I vi no -11 City of Meridian Public Works Dept. Memo TO: City Attorneys Office Front Bruce Frecideton CC: Project File — Meridian Crossroads Phase I I Rezone (RZ-99-007) Date: 01/12/00 Re: Rezone Legal Description 200 East Carlton St, Suite 100 Meridian, Idaho 83642-2631 Phone: (208) 887-2211 Fax (208) 887-1297 Attached you will find the new revised legal description for rezone that was submitted by the applicant, and approved by the Public works Department This legal description should be used in the preparation of the ordinance for rezone. Bruce A. Freckleton Assistant to the City Engineer Meridian Pudic Works Departrnent 200 E. Carlton St, Suite 100 Meridian, Idaho 83642-2600 (208) 887-2211 Fax (208) 887-1297 • Page 1 'HUBBLE ENGINEERING, INC. .7 9550 Bethel Court .Boise, Idaho 83709 208/322-8992. Fax 208/378-0329 o'nject No. 9925000 RECORDS EAST SUBDIVISION REZONE DESCRIPTION FOR WESTERLY PARCEL A parcel of land located in the NE1/4 of the NW1/4 of Section 9, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing atthe corner common to Sections 4, 5, 8 and the said Section 9; January 12, 2000 thence South 89022'10" East, 2659.63 feet along the North line of said NW1/4 of Section 9 to the 1/4 corner common to said Sections 4 and 9 and the REAL POINT OF BEGINNING; �i thence along the North-South mid-section line of said Section 9 South 0°48'14" West 880.85 feet to the northeast corner of Crossroads Subdivision No. 6, as filed in Book 76 of Plats "r at Page 7941 thru 7942, records of Ada County, Idaho; VA, `= thence North 89035'32" West, 596.17 feet along the North line of said Crossroads I'SSubdivision No. 6 to a point on the centerline of N. Records Ave.; _thence along said centerline the following three courses: 72.61 feet along a curve to the left, said curve having a radius of 203.61 feet, a central a .angle of 20025'57" and a long chord bearing North 14011'46" West, 72.23 feet to the beginning Cry `a$ of a reverse curve to the right; "thence 72.37 feet along said curve to the right, said curve having a radius of 171.75 feet, g;�a central angle of 24008'33" and a long chord bearing North 12"16'20" West, 71.83 feet; thence North 00°25'00" East, 743.33 feet to the intersection with the North line of said NW1/4 of Section 9; -- r �thence South 89°22'10" East, 636.12 feet along said North line to the Real Point of :. iiBeginning. Containing 12.77 acres (556,187 square feet) more or less. zk M a f' Prepared by: HUBBLE ENGINEERING, INC. Lltl 2000 2 'k: 10 IAN PUBLIC WORKS DEPT. K Ai4. :UMeridianCmssroads2/PJS/vw/Record; Patrick J. Scheffler, P.L.S. DAKOTA C O M PA N Y i N C January 12, 2000 Ms. Sahri Stiles Planning Director & Zoning Administrator City Of Meridian 200 East Carlton Suite 201 Meridian, Idaho 83642 RE: Meridian Crossroads Shopping Center - Phase 11 Expansion Conditional Use Permit Application Response To Staff Report Comments And Questions Dear Shari: JAN 12 2000 CITY Of 1NER11NAN The following provides a clarification to several of the "Site Specific Comments" contained in the Staff Report prepared by Mr. Bruce Freckleton and Mr. Steve Siddoway for the above referenced Conditional Use Permit application. The numbers below correlate to the numbers used in the Staff Report under "Site Specific Comments". #5: The percentage of open space is 10.24%. This includes the landscape buffers along Faiview Avenue, Records Avenue, Venture Street and the entire south boundary. None of the interior landscape islands are included in the percentage nor any of the landscaping shown for Lot #3. #6: The site plan did inadvertently eliminate two internal parking lot landscape islands, which were shown on the landscape plan, one in row #3 and one in row #5. These two landscape islands have been added to the site plan. Two copies of the revised site plan are enclosed. #8 Twenty foot and thirty foot wide landscape setbacks are provided along Fairview Avenue. A 20' wide setback is the same that was used along Fairview Avenue for Phase I of the project west of Records Avenue. To increase the set back to 3 5' would move the entire parking lot south, decreasing the setback along the Crossroads subdivision from 31' to 21' The site plan was designed to maximize the setback along the interface with the Crossroads subdivision. ■ PHONE (208) 343-5223 FAX (208) 343-4954 380 EAST PARKCENTER BLVD, SUITE 100 BOISE, IDAHO 83706 Ms. Shari Stiles page 2/2 January 12, 2000 412: A 10' wide landscape setback for 230' along Venture Street is provided. Included within the setback is a 6' high block wall. The length of the 10' wide setback is approximately 230'of the 590'of frontage along Venture Street. The set back along the remaining frontage varies and is larger to 10'. The loading dock is approximately 60' from the Venture Street right-of-way. The back of the building is approximately 120' from the right-of-way. Including the 50' wide right-of-way for Venture Street, the loading dock is over 110' from the entry to the cemetery. Funeral services will be taking place well back from the entry into the cemetery and will be several hundred feet from the project. #19: There was mistake in the parking count on the site plan. The correct count for lot 1 is shown on the enclosed site plan: Full Size Stalls 895 Compact Stalls 120 Handicap Stalls 20 Total: 1,035 The parking counts for Lot #2 would be updated when the building and site plan are finalized. #20: The square footage of parking lot and required tree count is: Lot #1 Parking Area 490,066 Tree Count 327 Lot #2 Parking Area 63,801 Tree Count 43 #27: An updated legal description of the parcel to be rezoned is enclosed. Please review. Should you have any additional questions please give me a call. Sincerely, Tom Bauwens Dakota Company, Inc. For Developers Diversified Realty Corp.