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Cooper Canyon CUP 02-002
MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless 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 Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 · Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 · Fax g88-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meddian City Clerk's Office Attn: Will Berg, City Clerk, by: February 28, 2002 Transmittal Date: January 15, 2002 Headng Date: March 7, 2002 File No.: CUP-02-002 Request: Request for Conditional Use Permit for twenty-two 4-plex units in a proposed R-40 zone for the proposed Cooper Canyon project Wildwood Development By: Location of Property or Project: Southeast comer of N. Locust Grove and Wilson Lane David Zaremba, P/Z (No VAR, VAC, FP) Jerry Centers, P/Z (No VAR, VAC, FP) (Vacant) P/Z (No VAR, VAC, Keven Shreeve, P/Z (No VAR, VAC, FP) Keith Bomp, P/Z (No VAR, VAC, FP) Robert Corrie, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Chede McCandless, C/C Water Department Sewer Department Sanitary Service (No VAR, VAC, Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer . City Planner Parks Department ~Z-27 Fp-24 ppIPFp-27 Vt~SN'AC- 20 CUP-28 Meridian School District (No FP) Meddian Post Office (FP/'Pponiy) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/'PPonty) U.S. West (FP/PPonly) Intermountain Gas (FP./PPoniy) Bureau of Reclamation (Fp/Pponiy) Idaho Transportation Department (NoFP) Ada County (AZonly) CITY OF MERIDIAN V Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208) 884-5533 Phone / (208) 888-6854 Fax CONDITION)L USE PERlVlIT APPLICATION U Check here if Planned Development Application (ILE: Meridian Zoning Ordinance - Section [ 1-17) APPLICANT: Wildwood Development[kkC ADDRESS: 1451)Horizon De. Boi'se ~daho 83702 PHONE: 867-3884 FAX:331-6453 E-MAIL: OWNER(S) OF RECORD: Lawrence Tuckness Trust ADDRESS: 1621 E. Cougar Cree~kDr. Meridian }d. 83642 PHONE: 888-2077 FAX: E-MAIL: ENGINEER, SURVEYOR, PLANNER: Toothmany~rton Enqi'neerinq Company (Bgrry S. Semple) ADDRESS:9777 Chinden Boulevard Boise, Idaho 83714~2008 PHONE: 323-2288 FAX: 323-2399 E-MAiL: boise@toenqrco.com AdDDRESS, GENERAL LOCATION OF SITE: E. Wil son Lane DESCRIPTION OF PRESENT USE: Pasture DESCRIPTION OF PROPOSED CONDITIONAL USE: 4-rtl exs 22 4-pl exs PRESENT ZONE CLASSIFICATION: Rut (County) SOCIAL SECURITY NUMBER: 519-60-8873 EXHIBIT "B" 7 0 100 FAIRVIEW AVENUE ROS 3963 A PARCEL OF LAND SITUATED IN THE NWl/4 OF SECTION 8, T`SN, R1E, B.M., CITY OF MERIDIAN, ADA COUNTY, }DAHO, BEING A PORTION OF LOT 7 OF PLEASANT VALLEY SUBDIVISION RECORDED iN 8K 12, PAGE 665. ADA COUNTY RECORDS. 2001 N89'$4'40"E / ,/ WILSON LANE 1038.12' _/ ~ N89'34'40"E 246.85 e, c ] 200 400 600 I T00THMAN-ORTON ENGINEERING CO. 9777 CHINOEN BOULEVARD . BOISE, IDAHO 83714-2008 PHONE: 208-323-2288 . FAX: 208-,525-2399 I:\OIO67'kEXH-BOUNOARYDW6 DATE: 10/~5/01 JOB: 01067 NARRATiVE TO SUPPORT ANNEXATION & ZONING APPLICATION (Checklist Items 5, 6 & 7) AND CONDITIONAL USE PERMIT APPLICATiON (Checklist Item 12). The subject property is a 6-acre parcel fronting the south side of Wilson Lane, adjacent to and west of the Butte Fence and Aire River Raft sites. The property is currently in an irrigated, agricultural use and has one small agricultural structure. The existing topography is very ftat, rising southerly from Wilson Lane to the center of the site, then falling to the Settler's Canal and the Jackson Drain at the rear and south end of the property. The property is currently outside of the City of Meridian city limits and within the area of impact. The Comprehensive Plan designates this property as Mixed/Planned Use. The adjacent property to the east has been annexed into the City and zoned light industrial. The Butte Fence development has been completed and construction of the Aire River Raft project has recently begun. The adjacent property to the west has recently been annexed and zoned high density residential with a preliminary approval of a Planned Development as apartments (Fountain Park). Annexation of the subject property will eliminate a County "island" in the City and the requested R-40 zoning is consistent with the Comprehensive Plan and compatible with the existing, adjacent zoning and uses. It is proposed to develop the subject property into 24 fourplex building lots, for sale to private ownership, accessed from Wilson Lane by a common driveway and parking area. Common lots, under the control of a homeowners association, will be created to include the driveway and parking areas, the required landscape buffer areas and required open space areas. The R-40 zoning designation is requested to afford the dimensional flexibility required for the development proposal. However, whereas the zoning designation allows up to 40 units per acre, the proposed density is only 16 units per acre. This development proposal is supported by the direction provided throughout the Comprehensive Plan. The Land Use section of the plan targets the Locust Grove Road / Falrview Avenue as a Mixed Use Area encouraging a variety of coordinated, planned and compatible land uses (5.17U). This site is bordered on the north by commercial, on the east by light industrial and on the west by vacant land with a preliminary approval for a high density, residential planned development, all within the City of Meridian city limits. The Land Use (2.5U) and Housing (1.12) sections of the plan encourage development of infill parcels. This application complies with the requirements for conditional use permitting (Land Use 5.16U) and the planned development process (Housing 1.17). The proposed fourplex development provides affordable housing opportunities (Economic Development 3.1 U, Land Use 2.1 U, Housing 1.1) in close proximity to employment and shopping centers (Housing 1.4, Land Use 5.19U). The Jackson Drain, a designated multiple use pathway corridor (Transportation 4. I), borders the project's south boundary. Construction of this pathway across the site and connection to the adjacent pathway system provides a direct link for access to schools (School Facilities 3.5), parks and neighborhoods (Open Space 2.5Ua & 3.4U). The Community Design section of the Comprehensive Plan encourages open space with all development (1.3). The 6-acre site will be subdivided creating 24 building lots of approximately 5,000 square feet each (total of 2.75 acres). The driveway and parking area to support the development will cover approximately 1.8 acres. The required street buffer and buffer adjacent to the light industrial use amount to approximately 0.45 acres. This leaves a balance of approximately 1.0 acre (20%) that could be available for open space. The environmental impact of this project will be minimal. There is no jurisdictional wetland, flood plain or floodway on the property (Natural Resources 1.1U, 2.1U, 4.1U & 4.2U). The existing City of Meridian public water and sewer systems have been stubbed into the site and will be extended to provided water and sewer service to the project. Connection to public utilities will protect the groundwater and provide safe public services (Natural Resources 2.2U, 2.3U & 5.5; Public Services 5.2 & 5.5; Housing 1.7) and provide adequate water service for fire protection (Public Services 5.4 & 6.6). This site is within a 5 minute response time of the Franklin and Stratford fire station (Public Services 6.9U). Development of the property will comply with the requirements of the Settler's Irrigation District and the Nampa-Meridian Irrigation District (Natural Resources 5.4). Water fights appurtenant to the property are adequate to support a separate pressurized irrigation system (Public Services 5.8U). The landscaping design will be prepared in accordance with the City of Meridian Landscape Ordinance with an emphasis on the use of native and low-water species (Natural Resources 2.5U). Other conservation measures will be implemented through the use of low-water use fixtures (Natural Resources 2.4U). A preliminary geotechnical analysis has been determined that the soils and groundWater conditions on the property will support the proposed development. Approximate high seasonal groundwater varies from 4.5 to 9 feet below the existing ground surface. The grading and drainage design will be prepared in accordance with the recommendations of the Geotechnical Report (Natural Resources 5.9U). Conditional Use Permit for Cooper Canyon: The building material: Roofs: Black composition Siding material: Vinyl, stucco, concrete Colors: Earth tones Building material: Concrete tilt up, Stick frame ii, FRONT BACK SIDE '1 ELEVATIONS - BUILDING A IIIIIIIIIIIII II II~WI~ _~WI~IIIII FRONT BACK SIDE ~ ELEVATIONS - BUILDING B FRONT BACK SIDE ELEVATIONS - BUILDING C PARCEL INFORMATION rR7104-252875 I iN°ne '[~ Oe~6ptio~q [PLEASANT VALLEY SUB I PARCEL VALUES [MERIDIAN ID 83B42-0000 [ [ Ptopm~ Descdption Sta~e Parcel 101520000007D PAR ~12875 OF LOT 7 [PLEASANT VALLEY SUB iI~ P.blic Propmt~ Tea -. Total Pmcel Value~ Taalable Amt [ 201 Felrm ~Marm[actumd] ADA COUt, IT ,Y RECORDER J. OAVID ~V~,RRO 2"/ PH 12: ,7 R'iI~ooRDED- REQUEST Of 1000861.,,88 AMENDED PERSONAL REPRESENTATIVE WARRANTY DEED This AMENDED PERSONAL REPRESENTATIVE DEED for LAWRENC. E R. TUCKNE.SS is to replace the Legal Description for Parcel # 1 contained in the o.rigCz_ al PERSONAL REPRESENTATIVE WARREN'Dr DEED wblch was recorded on May 15, ~000 in Ada County and given Instrument Number 100036629,/ For no value received, LAWRENCE R. TUCKNESS, as Personal Representative of the Estate of LOIS ESTHER TUCKNESS, deceased, the Grantor, does hereby grant and convey unto LAWRENCE R. TUCKNESS, Trustee of the LARRENCE R. TUCKNESS TRUST, UTA April 13, 2000, hereinafter referred to as the "Grantee", whose mailing address is 1621 E. Cougar Creek Dr., Meridian, Idaho 83642, for no monetary consideration, the following described real property, situated in ADA County, State of Idaho, to- wit: See E~htbit "A" which is attached hereto and incorporated by reference herein as if fully set forth. together with their appurtenances. TO HAVE AND TO HOLD the premises, with their appurtenances unto the said Grantee, their heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said prem~.qes; that the premises are free from incumbrances. LAWRENCE R. TUCKNESS, as Personal Representative of the Estate of LOIS ESTHER TUCKNESS, deceased, will warrant and defend the same from all lawful claims whatsoever. The Grantor is the qualified Personal RepresentaUve of said estate, filed as Probate Number SP IE 0000206M, in ADA County, Idaho. Executed this ! ~ day of October. 2000. LAWRENCE R. TUCKNESS Personal Representative of the Estate of LOIS ESTHER TUCKNESS, Deceased Client Number 00-04-04 T Personal RepresentaUve's Deed - Page 1 STATE OF IDAHO } : SS. County of ADA ) On this { °~day of October, 2000, before me, a notary public in and for said State, personally appeared LAWRENCE R. TUCKNESS, known to me to be the Personal Representative and person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. No~ Public Residing at 't~,t _~ ~.. , Idaho. Commission Expires: Personal Representative's Deed - Page 2 EXHIBIT "A~ EXCEPT FOR T~E FOLLOWING PARCEL WHICH HAS BEEN SOLD: Personal Representative's Deed - Page 3 SUBJECT TO T~E POLLOWING EASEMENT: A 1~3~on of '~le norl~west quarter of~e ner~.~e~t quartar of Section 8, Township 3 Na"~, Range 1 Ea~ Boise Meidlan, Ada County, Idaho, being ~om particularly de~ ~ follovas: Cmrnme'.::tng a* ~he nmrihwest come' of said Sec~en e, ~ I1~ N8~'1~, 1,ffi.~ ~ ~oUay d~b~ ~ 1,~.~ ~ ~g ~e ne~.b~ ~ ~id ~, ~ a~ on ~e ~d~ pl~ ~ ~ file ~n ~e ~ce ~ ~e ~a ~ R~ ~ce ~19'14~, ~.~ f~ ~ong ~ ~e~ b~nd~ ~d~ ~d Thence SSg~Sg'lS'E, 246.85 fset along a line pmaJle~ to ~e northerly bounda~ ~f said 8e~on 8; Thence S(X3"19'l 4'W, 28.00 feet a~eng a line parallel to the wemtorly · b0unda~' of said Lot 7; Then,,- NSI~. 78'W,;~46.65 fme~ aJang a line p~a to ~a' . Personal Representative's Deed - Page 4 A0A COUNTY RECOROER J. DAVID NAVAfiRO 21}000C 27 PH 12: RECORDED- REQVEST OF' FEE.._~.DEPUTY ~ 10008GL 89 AMENDED WARRANTY DEED ,, _ TI!i.s._.AME,N,D. ED.DE~ED for ,~LAWRENCE ~R. TUCKN~. _~ is to replace the Legal Descnpuon zor t'arcel # 1 contained in the o~inal WARRENTY DEED which was recorded on April 21, ~r000 in Ada County and given Instrument Number 100030068. / For no consideration, LAWRENCE R. TUCKNESS, a single person, as the Grantor does hereby grant, release, and convey unto '%AwI~ENCE R. TUCKNESS, Trustee, or his successors in trust, of the LAwle, ENCE R. TUCKNESS TRUST, U/T/A dated the 13th day of April, 2000, and any amendments thereto" as the Grantee, whose current address is 1621 E. Cougar Creek Dr,, Meridian, Idaho 83642, the following described premises, in ADA County, Idaho. to-wit: See ~=hibit "A" which is attached hereto and incorporated by reference herein as if fully set forth. together with their appurtenances. th . .TO_HAVE ~ TO HOLD the l~rernises, with their appurtenances unto e sma urantee, neirs ana assigns Ibrever. And the said Grantor does hereby covenant to and with the said Grantee, that he is the owner in fee si~_.ple of said premises; that they are free from incumbrances and that he will warrant and defend the same from all lawful claims whatsoever. DATED this [ ~ day of October, 2000. LAWRENCE R. TUCKNESS STATE OF IDAHO ) : SS, County of Ada ) On this 1 ~th day of ~_~'~, 2000, before me, a notary public in and for said State, personally appeared LAWRENCE R. TUCKNESS, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. Notary Public in ~.nd for Idaho Residing at Boise, Idaho. My commission e. xplres:4/~,~/200~. EXCEPT FOR THE FOLLOWING PARCEL WHICH HAS BEEN SOLD: Warranty Deed - Page 2 ©2000 O.r~h~m Lave' OffiCe, P.A. SUBJECT TO THE FOLLOWING EASEMENT: A por~on of '~e nedJlweat quarter of th$ nedhwast quarter of Section 8, Township 3 Nor~, Range 1 East. Balsa Meridian. Ada County, Idaho, being more particularly dasc~bed as f~lows: Commencing at the northwest comer o~ said Sec~an 8. which Ilas N89~-~9'16'W, 2,&~..~5 fee{ from the nor~ quarter comer of smd Sastion 8; thence S89~9'16'E, 1,037.44 feet (previously daschbed as 1,037.55 flint) along the Ilorthedy bounda~ of said 8eclJon 8 to the northerly extension ofthe westerly bounda~/of Lot 7 of Pleasant ValJey Subdivision, as shown on the officJal plat thereof on ale in the office of the Ada County · Reccm:lec, l]3ertce S00018'14'W, 455.00 feet along the westerly boun.ary extended and the weetedy boundary of said Lot.7 to the centor~ne of Wilson Lane and to the/Tea/Po/hf Thence SSg~ag'18'E, 246.85 feet along a line parallel to the nor~erly boundary of said 8action 8; Thm3ce ~OO*lg'14'W, 28,00 feet along a line pendlal to the westerly boundary of said Lot 7;. NS~.r=g'16"W,:246.65 feet along a line parallel ~ ~e 9'14~, ~.~ ~ ~ong ~e w~y bound~ of ~d WarranW Deed - Page 3 ~2000 Gl~h~m L~.W O~ce, P.~. Consent of Owner I, Lawrence Tuckness here by give consem for Wildwood Development LLC to get preliminary and f'mal plat, annexation and rezone, and conditional use permit for the property at E. Wilson Lane, Meridian Idaho, Parcel #R710425875. Lawrence T'ucl~mess Owner Subsc~d and sworn to (or affJ_rm~d) before me this ~ day of ~/~/7) ~- 20/3] · No~ Public :~¢y. Comm~ss,on Expires 711~,.~uo¢'-o~* My ~Ot~ss~fxl expLres on Wildwood Development LLC will post notes on property 1 week before the public hearing of subdivision preliminary plat, annexation and rezoning, conditional use permit for said property at E. Wilson Lane, Meridian, Idaho Parcel #R710425875. Christopher G. Findlay President 50'-0" 25'-0" 25'-0" BEDROOM STORAGE DECK DINING LIVING I CLOSE-F~ BEDROOM BEDROOM STORAGE DINING DECK LIVING 1 FLOOR PLAN - BUILDING A SCALE: 1/8" = 1'-0" AREA: 866 SQ. FT. / UNIT 1,752 SQ. FI'. / FLOOR 3,464 SQ. FF, / BUILDING 50'-0" DECK ORAGE STORA DECK UT, L. > KITCHEN LIVING LIVING KITCHEN < UT'L. BEDROOM BEDROOM BEDROOM BEDROOM 2FLOORPLAN - BUILDING B SCALE: 1/8" = I'-0' AREA: 857 SQ. FI'. / UNIT 1,714 SQ. FT. / FLOOR 3,4-28 SQ. FT. / BUILDING 44'-0" 22'-0" 22'-0" f - 0 0 BEDROOM ~ ~ BEDROOM ~FLOOR PLAN - BUILDING C SCALE: 1/8" = 1'-0" AREA: 706 SO. FF. / UNIT 1,412 SO. FF. / FLOOR 2,824 SO. Fl'. / BUILDING Project: Date: Sheet: 01067 November 15, 2001 1 ofl EXHIBIT "A" SUBDIVISION BOUNDARY A parcel of land situated in NWl/4 of Section 8, T.3N., R. IE.. B.M.. City of Meridian, Ada Count, Idaho, being a portion of Lot 7 of Pleasant Valley Subdb)ision, 'according to the official plat thereof recorded in Book 12 of Plats at Page 665, Ada Coanty Records being more particularly described as follows: COMMENCING at the northwest comer of said Section 8, from which corner, the south ¼ corner of said section bears, S.00°00'2Y'W., 2649.56 feet; thence, along the westedy line of said section, A) B) S.00°00'23"W., 455.00 feet to the intersection with the centerline of Wilson Lane as shown on Record of Survey No. 3963; thence, along said centerline, N.89°34'40"E., 1038.12 feet to the intersection with the westerly line of said Lot 7; thence, along said westerly line, 1) S.00°00'2Y'W.. 28.00 feet to a line parallel with and 28.00 feet southerly of the centerline line of said street and the POINT OF BEGINNING; thence, along said parallel line, 2) N.89°34'40"E., 246.85 feet to a point that bears N.00°04'0Y'W., 1.00 feet from the northwest corner of Block 1 of Elliott Park Subdivision according to the official plat thereof recorded in Book 82 of Plats at Pages 8914 and 8915, Ada County Records; thence, along the westerly line of said block and the northerly prolongation thereof, 3) S.00°04'03"E., 1078.95 feet to a found 1" iron pipe on the northerly bank of an existing drain ditch as shown on said plat; thence, along said northerly bank, 4) N..65°50'18"W., 272.05 feet to a point on the westerly line of said Lot 7; thence, along said westerly line, 5) N.00°00'2Y'E.. 965.77 feet to the POINT OF BEGINNING. CONTAINING 5.81 Acres, more or less. SUBJECT TO a[1 Covenants. Rights. Rights-of-Wa.,.. and Easements of Record. EXHIBIT ~'B" atrac[Ted, and by this re~krence made a part