Erik and Carole Gabrielson w Attorney David G Ballard 03-02Mayor Tammy de Weerd and
the Meridian City Council:
Treg Bernt;
Joe Borton;
Luke Cavener;
Anne Little Roberts;
Genesis Milam; and
Ty Palmer
Meridian City Hall
33 E. Broadway Ave.
Meridian, Idaho 83642
David G Ballard, Attorney
Law Office of David G. Ballard
PO Box 935
Meridian, Idaho 83680
208-859-0922
david@lawballard.biz
Via Hand Delivery
Re: Harper Ridge Subdivision Application / Apostolic Bible Church
H-2017-0151 CUP PP
Hearing: March 6, 2018
— DGB File No 1108.000
Dear Madam Mayor and Council Members:
March 2, 2018
I write as legal counsel for Apostolic Bible Church Independent Jesus' Name, Inc.
March 2, 2018
Page 2 of 4
("Apostolic Bible Church").
Apostolic Bible Church opposes the approval of this Application in the absence of a
condition that a fence be installed along the westerly boundary of this proposed Subdivision
(herein "Subdivision").
Apostolic Bible Church's address is: 3575 Copper Point Drive, Meridian, Idaho - Parcel #
R7909780145.
Apostolic Bible Church is situated to the west of the boundary line between this
Subdivision. Exhibits Al and B2 attached hereto.
Section 1.2.3 of B. Exhibit B - Agency & Department Comments calls for a 25 foot
landscape buffer to be installed per UDC Table 11-213-3. See Exhibits C' and D4 attached hereto.
Also see Exhibit E.'
There is no cross -access connection (easement) between the two adjacent properties. See
Exhibit V attached hereto.
It appears that there may be insufficient parking for the Subdivision. See Exhibit G.'
attached hereto.
Apostolic Bible Church is not inclined to allow residents of the Subdivision to use its
parking lot and access the Subdivision by crossing over the proposed landscape buffer.
1 Map downloaded from Ada County Tax Assessor search page (accessed 03/02/18).
2 Page 38 (sequentially) from Packet — Transmittals to Agencies for Comments on
Development Projects with the City of Meridian, dated November 20, 2017. (yellow highlight
added by Ballard)
' Page 17 (sequentially) of Staff Report, dated Decemberl9, 2017. (yellow highlight added
by Ballard)
'Page 34 (sequentially) from Packet — Transmittals to Agencies for Comments on
Development Projects with the City of Meridian, dated November 20, 2017.
'Page 7 (sequentially) of Staff Report, dated December 19, 2017. (yellow highlight added
by Ballard)
' Page 8 (sequentially) of Staff Report, dated Decemberl9, 2017. (yellow highlight added
by Ballard)
7 Gabrielson Submission as contained in City Record for this Application.
March 2, 2018
Page 3 of 4
Section 11-3B-9 of the Meridian City Code provides:
Buffer Wall and/or Fence: Where existing or proposed adjacent land uses cannot
be adequately buffered with plant material(s), the city may require inclusion of a
wall, fence, or other type of screen that mitigates noise and/or unsightly uses. If a
wall or fence at least six feet (6") tall is provided, the planting requirement may be
reduced to a minimum of one tree per thirty five (35') linear feet, plus shrubs,
lawn, or other vegetative ground cover.
Section 11 -3B -9(C)(3) of the Meridian City Code provides:
Pedestrian Access: Landscape buffers shall facilitate pedestrian access from
residential development to abutting commercial districts and vice versa.
In the absence of a cross access easement, Apostolic Bible Church objects to a condition
that may facilitate pedestrian access from its property to and from the Subdivision.
Section 11 -3B -9(A) of the Meridian City Code provides:
The landscape requirements in this section are intended to ensure that
incompatible, adjoining land uses are adequately protected and are provided an
appropriate amount of land separation to conduct permitted uses without causing
adverse impact.
The facilitation of non-pelmitted access may cause an adverse impact, or a harmful effect,
on the property of Apostolic Bible Church.
If the Application is to be approved, Apostolic Bible Church asks that the Developer
install a wall or fence (meeting Code Requirements) along the westerly boundary.
In addition to this Letter, Apostolic Bible Church requests to present testimony at the
Hearing on March 6, 2018.
Thank you for your consideration.
FSince
avid G. Ballard
cc Wend: John Mascroft
March 2, 2018
Page 4 of 4
Matt Schultz
Schultz Development LLC
PO Box 1115
Meridian, Idaho 83680
schultzdevelopment@yahoo.com
Doug McMaster
McMaster Limited Partnership
PO Box 2640
Eagle, Idaho 83616
doug@mcmasterconst.com
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1. AM IK
HARPER RIDGE PRELIMINARY PLAT
PRELIMINARY PLAT SECTION 21, T.M., RJE., B.M.,
NM MERIDIAN, ADA COUNTY, IDAHO
xi
1. AM IK
HARPER RIDGE PRELIMINARY PLAT
PRELIMINARY PLAT SECTION 21, T.M., RJE., B.M.,
NM MERIDIAN, ADA COUNTY, IDAHO
B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS
1. PLANNING DIVISION
1.1 Site Specific Conditions of Approval — Preliminary Plat
1.1.1 Development of the site shall substantially comply with the preliminary plat, site plan and
building elevations included in Exhibit A, the design standards listed in UDC 11-3A-19 and in the
Architectural Standards Manual, and the conditions in this report.
1.1.2 The preliminary plat included in Exhibit A.3, dated October 24, 2017, shall be revised as follows:
a. Depict a 6 -foot tall open vision fence with an 11-guage, 2 -inch mesh or other construction,
equivalent in ability to deter access to the waterway (Ridenbaugh Canal); or, improve the
drain as a water amenity as set forth in UDC 11-1A, per UDC I 1 -3A -6B.
b. The applicant shall provide detached sidewalks along the entire E. Copper Point Way
frontage of the property, and attached sidewalk along the S. Knapp Ave frontage. The plans
shall be revised to show the missing section of sidewalk along E. Copper Point Drive.
1.2 Site Specific Conditions of Approval — Conditional Use Permit
1.2.1 The developer shall comply with the specific use standards for multi -family developments listed
in UDC 11-4-3-27, including but not limited to the following:
a. The applicant shall record legally binding documents that state the maintenance and
ownership responsibilities for the management of the development, including, but not limited
to, structures, parking, common areas, and other development features, per UDC 11-4-3-27G.
A recorded copy shall be submitted to the City prior to issuance of Certificate of Occupancy
for the first structure within the development.
b. Prior to the Planning and Zoning Commission, the applicant shall submit floor plans for the
units that demonstrate compliance with UDC 11-4-3-27B.3 which requires a minimum of 80
square feet (s.f.) of private useable open space to be provided for each unit.
1.2.2 With the Certificate of Zoning Compliance, the applicant shall revise the site plan included in
Exhibit A.2, dated 10/24/2017, shall be modified as follows:
a. Depict a property management office, a maintenance storage area, a central mailbox location
with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a
directory map of the development at an entrance or convenient location for those entering the
development in accord with UDC 11-4-3-27B.7.
1.2.3 The landscape plan included in Exhibit AA, dated June 20, 2016, shall be revised as follows:
b. On the Northwest and west sides of the project, however, there are existing commercial uses
that require a 25 foot landscape buffer to be installed per UDC Table 11-213-3 and because
the subject property is zoned C -G, a 25 foot landscape buffer is required along the south side
of the project as well. The landscape buffer must be landscaped in accord with the standards
listed in UDC 11-3B-9. Additionally, a 20 foot landscape buffer is required along E. Copper
Point Drive and a 10 -foot landscape buffer is required along S. Knapp Avenue in accord with
UDC 11-3B-7. Prior to the planning and zoning Commission, the applicant shall submit a
revised plan that meets the above mentioned requirements.
c. A minimum of 10% (or 1.06 acres) of the area of the site is required to consist of qualified
open space in accord with the standards listed in UDC 11 -3G -3B in addition to that required
by UDC 11-4-3-27 for multi -family developments (.711 acres) for a total of 1.771 acres. In
order to meet the requirements of the UDC the applicant shall revise the site plan to meet the
requirements of UDC 11-4-3-27.
-8-
UDC 11 -3C -5C. Based on 248 vehicle spaces proposed, a minimum of 10 bicycle spaces in
bicycle racks are required to be interspersed throughout the development. The plans
submitted with the application show 12 bicycle parking stalls.
Landscaping: Parking lot landscaping is required to be provided in accord with the standards
listed in UDC 11 -3B -8C. A buffer to adjoining land uses is not required on the east side of the
project because the adjacent uses are residential in nature. On the Northwest and west sides of the
installed per UDC Table 11-2B-3 and because the subject property is zoned C -G, a 25 foot
landscape buffer is required along the south side of the project as well. The landscape buffer must
be landscaped in accord with the standards listed in UDC 11-3B-9. Additionally, a 20 foot
landscape buffer is required along E. Copper Point Drive and a 10 -foot landscape buffer is
required along S. Knapp Avenue in accord with UDC 11-3B-7. Prior to the planning and
zoning Commission, the applicant shall submit a revised plan that meets the above
mentioned requirements.
Mitigation: There are existing trees on this site. The applicant is required to comply with the
mitigation standards listed in UDC 11 -3B -10C.5 for any existing trees 4 -inch caliper or greater
that are removed from the site. Contact Elroy Huff, City Arborist (208-371-1755), prior to
removal of any existing trees from the site.
Building Elevations: Four building types are proposed for the future multi -family structures
within the development as shown in Exhibit A. 5.
Building materials appear to consist of stucco with stone accents and architectural shingles. Prior
to the Planning and Zoning Commission hearing the applicant shall provide greater detail of the
materials proposed for the structures in order to ensure compliance with the City's Architectural
Standards Manual.
The architectural character of the structures shall comply with the standards listed in the City of
Meridian Architectural Standards Manual. The elevations submitted with the Certificate of
Zoning Compliance application should demonstrate compliance with those standards.
Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate
of Zoning Compliance application for establishment of the new use and to ensure all site
improvements comply with the provisions of the UDC and the conditions in this report prior to
construction, in accord with UDC 11-5B-1.
Design Review: The applicant is required to submit an application for Design Review concurrent
with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and
building design is required to be generally consistent with the elevations and site plan submitted
with this application and the standards listed in UDC 11-3A-19 and the City of Meridian
Architectural Standards Manual.
B. Preliminary Plat (PP):
The proposed plat consists of 16 residential building lots 4 common lots and 2 other lots on 10.68
acres of land in the C -G zoning district. The smallest lot is 11,514 square feet (s.f.) with an
average lots size of 20,183 s.f.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the
dimensional standards listed in UDC Table 11-2B-3 for the C -G zoning district. All of the lots
comply with the minimum standards. Construction of buildings on the site should comply with
the setbacks for the C -G district.
Harper Ridge Subdivision —CUP, PP H-2017-0151 PAGE 6
Stub Streets/Street Improvements: There are no stub streets proposed to adjacent properties.
The Ridenbaugh canal runs along the entire length of the southern boundary. E. Copper Point
Drive/Way abuts the property to the north and the property to the west was developed in 2003
without a cross -access connection. S. Knapp Avenue provides a local street connection to the
adjacent residential.
Traffic Impact Study (TIS): A TIS was not a requirement for this project per ACRD.
Landscaping: A 25 -foot wide street buffer is required adjacent to the south and west boundaries
of parcel #R7909850370 and the south boundary of parcel # R7909850380 per UDC Table 11-
2A-8 in accord with the standards listed in UDC 11 -3B -7C. Prior to the Planning and Zoning
Commission hearing, the landscape plan shall be revised consistent UDC requirements.
Open Space: A minimum of 10% (or 1.06 acres) of the area of the site is required to consist of
qualified open space in accord with the standards listed in UDC 11 -3G -3B. The applicant has
proposed to provide 1.39 acres of qualified open space, or approximately 13%.
A total of 1.39 acres (or 13%) of open space is proposed consisting of common areas where the
clubhouse, swimming pool and tot lot are located and miscellaneous open grassy areas that are a
minimum of 20' x 20' in area (see Exhibit A.2).
The applicant proposes a swimming pool, a clubhouse with an exercise room, a 50' x 100' open
grassy area, a tot lot and additional tenant storage as amenities. The applicant's proposed
amenities meet the requirements for amenities per the UDC.
Waterways: The Ridenbaugh Canal runs along the southern boundary of this site. Because the
centerline of the ditch lies on the property line and is a very large drain, the applicant requests a
waiver to UDC 11 -3A -6A.3 which requires all irrigation ditches/laterals/canals/drains to be
piped. City Council may waive the requirement for large capacity facilities.
Fencing: A 6 -foot tall open vision fence, having an 11-guage, 2 -inch mesh or other construction,
equivalent in ability to deter access to the waterway is required along the Ridenbaugh canal
unless the drain is improved as a water amenity as set forth in UDC 11-1A-1.
Sidewalks: Sidewalks are required to be provided with development in accord with the standards
listed in UDC 11-3A-17. Attached sidewalks exist along a portion of E. Copper Point Drive. The
applicant shall provide detached sidewalks along the entire E. Copper Point Way frontage
of the property, and attached sidewalk along the S. Knapp Ave frontage. The plans shall be
revised to show the missing section of sidewalk along E. Copper Point Drive.
Utilities: Street lights are required to be installed along public streets adjacent to the development
in accord with the City's adopted standards, specifications and ordinances. All development is
required to connect to the City water and sewer system unless otherwise approved by the City
Engineer in accord with UDC 11-3A-21. Adequate fire protection shall be required in accord with
the appropriate fire district standards.
Pressurized Irrigation: An underground pressurized irrigation system is required to be provided
for the development in accord with UDC 11-3A-15 as proposed and will be served by the Nampa
& Meridian and Settler's Irrigation Districts.
Storm Drainage: An adequate storm drainage system is required in all developments in accord
with the City's adopted standards, specifications, and ordinances, per UDC 11-3A-18.
Stormwater is proposed to be retained on-site in seepage beds.
Harper Ridge Subdivision —CUP, PP H-2017-0151 PAGE 7
Harper Valley Subdivision Conditional Use Permit and Preliminary Plat -12/21/2017
Development Statistics:
16 multi -family two story apartments with 124 units on 10.68 acres on Copper Point Drive.
Apartment Stats:
No.of
No. of
No. of
No. of
No. of
Units
Proposed
Proposed
Needed
Needed
Parking
Parking
Parking
Parking
1 Bedroom units
20
1.5 spaces
30 spaces
2 spaces
40 spaces
2 Bedroom units
80
2 spaces
160 spaces
2.5 spaces
200 spaces
3 Bedroom units
24
2 spaces
48 spaces
2.5 spaces
60 spaces
Total 124 units 238 spaces
Gross Density 11.6 dwelling units
300 spaces
No extra parking for visitors, guests, and family.
No overflow parking allowed on Copper Point Drive. If parking occurs illegally on
Copper Point Drive, street would be restricted to one way traffic lane due to width.
Site History -- Sutherland Farm
The subject 10.7 acre site did not have a detailed site plan in the 2002 preliminary plan.
Not currently a part of Sutherland Farm development.
No HOA fees or lot development fees being paid to Sutherland Farm HOA.
Surrounding Uses and Zoning
Insufficient access into and out of apartment complex.
Only direct access to Eagle road to West on Copper Point Drive.
Indirect access to Overland road to North through Silverstone complex.
No access to Cloverdale unless going through Sutherland Farm and Muir Woods.
No access South of apartment complex unless traveling through Sutherland Farms and Muir Woods to get to
Victory and Eagle road.
Access to Overland road through Movado subdivision if and when Copper Point is connected to Movado. No
access through Movado to Cloverdale road.
Mentions access and use of 6 acre park and 10 foot regional walkway which are private and part of Sutherland
Farm. Should not be used by apartment residents.
Mentions pedestrian and vehicle connectivity to the South to Eagle road and Victory road through Sutherland
Farm. Excessive traffic would occur through Sutherland Farm.
Conditional Use Permit Requirement
Insufficient parking designed as I presented earlier. Proposed 230 parking spaces but needs at least 300 spaces
with no overflow allowed for visitors
, L>(m lat—� C7
Preliminary Plat
Gross density of 11.6 dwelling units per acre is excessive and not consistent with surrounding residential
development of Sutherland Faun of 122.38 acres with 383 units and gross density of 3.13 dwelling units.
Pressurized Irrigation
Proposed use of Nampa -Meridian Irrigation District pump station in Sutherland Farm.
Stated upgrade to pump station is needed to support apartment complex.
Who will pay for the upgrade? What is the effect to water pressure in Sutherland Farm?
Roadways and Storm Drainage
No street parking allowed on Copper Point Drive for overflow vehicles unless widened with parallel parking if
allowed.
Architecture
Architectural renderings do not conform to existing developments in Sutherland Farm and Sutherland Downs.
Also do not conform to Movado subdivision.
Overall Site Statistics — Sutherland Farm.
The original Development Agreement and Sutherland Farm HOA did not include a multi -family component,
The Harper Ridge Subdivision cannot assert any intent by the above for a multi -family component.
In Conclusion
There is insufficient parking for residents and guests.
There is too high of density for the acreage and location.
Traffic access is insufficient.
Not a part of Sutherland Farm Subdivision as alluded to with no HOA fees or site fees being paid.
Access to Sutherland Farm private park and walkway should not be promoted.
Non -conforming architectural renderings to adjacent residential developments.
No pressurized irrigation proposal for cost of pump upgrade and effect on Sutherland Farm Subdivision.
We are opposed to the Harper Valley Subdivision for the issues and reasons stated above.
Erik Gabrielson
Carole Gabrielson
4231 E. Easy Jet Drive
Meridian, ID 83642
Sutherland Farm Subdivision
Harper Valley Subdivision Conditional Use Permit and Preliminary Plat -12/21/2017
Development Statistics:
16 multi -family two story apartments with 124 units on 10.68 acres on Copper Point Drive.
Apartment Stats:
No.of
No. of
No. of
No. of
No. of
Units
Proposed
Proposed
Needed
Needed
Parking
Parking
Parking
Parking
1 Bedroom units
20
1.5 spaces
30 spaces
2 spaces
40 spaces
2 Bedroom units
80
2 spaces
160 spaces
2.5 spaces
200 spaces
3 Bedroom units
24
2 spaces
48 spaces
2.5 spaces
60 spaces
Total 124 units 238 spaces
Gross Density 11.6 dwelling units
300 spaces
No extra parking for visitors, guests, and family.
No overflow parking allowed on Copper Point Drive. If parking occurs illegally on
Copper Point Drive, street would be restricted to one way traffic lane due to width.
Site History — Sutherland Farm
The subject 10.7 acre site did not have a detailed site plan in the 2002 preliminary plan.
Not currently a part of Sutherland Farm development.
No HOA fees or lot development fees being paid to Sutherland Farm HOA.
Surrounding Uses and Zoning
Insufficient access into and out of apartment complex.
Only direct access to Eagle road to West on Copper Point Drive.
Indirect access to Overland road to North through Silverstone complex.
No access to Cloverdale unless going through Sutherland Farm and Muir Woods.
No access South of apartment complex unless traveling through Sutherland Farms and Muir Woods to get to
Victory and Eagle road.
Access to Overland road through Movado subdivision if and when Copper Point is connected to Movado. No
access through Movado to Cloverdale road.
Mentions access and use of 6 acre park and 10 foot regional walkway which are private and part of Sutherland
Farm. Should not be used by apartment residents.
Mentions pedestrian and vehicle connectivity to the South to Eagle road and Victory road through Sutherland
Farm. Excessive traffic would occur through Sutherland Farm.
Conditional Use Permit Requirement
Insufficient parking designed as I presented earlier. Proposed 230 parking spaces but needs at least 300 spaces
with no overflow allowed for visitors.
Preliminary Plat
Gross density of 11.6 dwelling units per acre is excessive and not consistent with surrounding residential
development of Sutherland Farm of 122.38 acres with 383 units and gross density of 3.13 dwelling units.
Pressurized Irrigation
Proposed use of Nampa -Meridian Irrigation District pump station in Sutherland Farm.
Stated upgrade to pump station is needed to support apartment complex.
Who will pay for the upgrade? What is the effect to water pressure in Sutherland Farm?
Roadways and Storm Drainage
No street parking allowed on Copper Point Drive for overflow vehicles unless widened with parallel parking if
allowed.
Architecture
Architectural renderings do not conform to existing developments in Sutherland Farm and Sutherland Downs.
Also do not conform to Movado subdivision.
Overall Site Statistics — Sutherland Farm
The original Development Agreement and Sutherland Farm HOA did not include a multi -family component.
The Harper Ridge Subdivision cannot assert any intent by the above for a multi -family component.
In Conclusion
There is insufficient parking for residents and guests.
There is too high of density for the acreage and location.
Traffic access is insufficient.
Not a part of Sutherland Farm Subdivision as alluded to with no HOA fees or site fees being paid.
Access to Sutherland Farm private park and walkway should not be promoted.
Non -conforming architectural renderings to adjacent residential developments.
No pressurized irrigation proposal for cost of pump upgrade and effect on Sutherland Farm Subdivision.
We are opposed to the Harper Valley Subdivision for the issues and reasons stated above.
Erik Gabrielson
Carole Gabrielson
4231 E. Easy Jet Drive
Meridian, ID 83642
Sutherland Farm Subdivision