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HomeMy WebLinkAboutCenters, Lee CUPOFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA GLENN R. BE TLEYEE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887-2211 MALCOLM MACCOY Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP RON MANNING ROBERT D. CORRIE BYRON SMITH Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: August 5. 1997 TRANSMITTAL DATE: 7/17/97 HEARING DATE: 8/12/97 REQUEST: Conditional Use Permit for construction of 3 apartment buildings (one 4 unit and two 6 unit buildings) BY: Lee Centers LOCATION OF PROPERTY OR PROJECT: West side of Meridian Road across from the bowling JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: • CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: Lee Centers PHONE: 888-1852 ADDRESS: 3770 S. Linder. Meridian. ID 83642 GENERAL LOCATION: West side of Meridian Road across from the bowling alley DESCRIPTION OF PROPOSED CONDITIONAL USE: Increase in density to allow construction of 3 apartment buildings (One 4 unit and two 6 unit buildings) ZONING CLASSIFICATION: Current zoning is R-15 Requested zoning is R-40) PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 35 copies). I certify that the information contained herein is true and correct. gnature of Applicant Social Security Number�� 6 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 Lee Centers for the property generally described as located at SUBDIVISION, BLOCK , LOT TO • 0 PINN,ACLE Engineers, ][Tic. TO: City of Meridian 33 East Idaho St. Meridian, ID 83642 DATE: July 8, 1997 RE: Application for Conditional Use To whom it may concern: Lee Centers is requesting conditional use approval for 16 apartment units (in conjunction with annexation and zoning) on the parcel of land at 305 S. Meridian Road. This parcel of land is across from Meridian Lanes Bowling Alley and currently is the site of a single family residence. The requested zoning district is Residential (R-40) as described in the City of Meridian's Zoning and Development Ordinance. The relatively close access to the interstate and close proximity to Central Valley Corporate Park where new businesses continue to locate make this location an excellent one for individuals and families moving to Meridian. These apartment units should help meet the housing demand as Meridian continues to grow. The subject lot is bounded by existing apartment complexes on both the north and south sides and could easily be viewed as an "in -fill" type of project. Although the resulting density will be slightly higher than the existing multi -family parcels, the density will be essentially the same. This use does fit with the City of Meridian's Comprehensive Plan which indicates this area as existing urban. Access to the apartments would be through the existing apartment complex to the south (which is owned by the applicant.) This approach has already been discussed with the Ada County Highway District staff (David Szplett) and was positively received. The existing access is viewed as having ample capacity to support this use. Existing sewer and water are easily extended to this site from the lot to the south. Planned parking meets the city's requirements. This plan has also been discussed with the Fire Department (Kenny Bowers) and fire service/accessibility issues were preliminary viewed as adequate. The existing single family residence will be retained and likely split off as a separate lot. 870 NORTH LINDER SUITE B - MERIDIAN. IDAHO 83642 v (208) 887-7760 ■ FAX (208) 887-7781 Mr. Centers agrees to pay additional sewer, water, or trash fees or charges, if any, associated with this use. Additional information required for the conditional use is attached. I certify that I have read this application and verify that the information contained herein is true and correct. I further acknowledge the requirement to post the property at least one week before the public hearing on this project and will ensure that this occurs. Please do not hesitate to contact meat 887-7760 if you have any questions regarding this application. Sincerely, Roger J. Smith, P.E. cc: File 97325 ADDITIONAL CONDITIONAL USE APPLICATION INFORMATION OWNER OF RECORD: Robert E. and Evangelina Mayfield PHONE: 1 ADDRESS: HC 67 Route 2050 Challis ID 83226 LEGAL DESCRIPTION AND WARRANTY DEED: Attached NOTARIZED CONSENT FROM OWNER: Attached PRESENT LAND USE: Single family residence PROPOSED LAND USE: 16 apartment units in three buildings PRESENT ZONING DISTRICT: Meridian R-15 PROPOSED ZONING DISTRICT: Meridian R-40 i 310 ,.9t P I&t SIAIE OF IDAHO iUu�l�ei-.,CounLy ,I. ! tli 'ISc:�s.is of �cia of ,191! Un Ll�f i s Y before me,Luis Luis fletc or, tl�e undersigned Notary Public, personally appeared and personally Know to file or prov I to fife on satisfactory evidence to be the person(s) whose names(s) subscribed to the within instrument, and \� P executed it. Witness my hand and official seal acl<now.lec.lc�ed that issiuon expires 6-23-1999 ., ��#'� � �, �'�. Vie,—, '$h,,;.' ,J',,. � � � L. ' ;.7'�; �'.: . �.µ, a�1�!`•; �.. ...::.AIV k}. .__ ��teF ... j. nri.. DEED FI[R]ST AMERICAN TITLE CO - 9,1 1 U For Valu e Rcccvcd' FEE Uiritncr, husband andlWlk0iW'-- hcireinLfterrcfejr,.edtoa!--( i,� I I I _ ;,raui,c ,,ain, sell, and convey unto Mayfield, husband and wife hereinafter refer ad to as Grantre, -,1''.0sr CUM-.aLzddrc-,s is b1utdmv:`,irvidian, 49. 83642 1ESCRIPTION Official Records of Ada I I.'1.Vii sawi lucoiLqc4 u,.ifo lair appurtenances unto the said Grantee, his heirs 400MA'. And k X-wi.:. Qk*tUg ukviiant to an& with the said Grantee, that Grantor is in fed6)i v -p ;—iiscs arc free from all c4cum1*anccs except current lwiw ihaL, sx0 "-""a-a t<u as h:vics' 11410 VJ& 0%, co' reservations,, rostricLidniN. casement-. of record, and I+ ,c.,ncuts Visik4f. upoii thr prruzisc., vn,i CIwi will warrant and ddf6d1he same from all claims Date& N'jvr-n!,cr 1, 159iz. iaobert D. IT—imel 3hnLr9::"-'neC la Oa Thar day of Nov..-A�;, yi;p, 191A, bef Pie, a Notary Public in and for said State, personally iMhliA' , SHAL LORIMER, known or identified to me to be the rM.911�)' J'Agle( "o 'he Witil. ,A t, rent, and acknowledged to me that they executed TM+t Z Notary Pub if Idaho Residing at Anise, Idaho Commission expires: 02/12/99 in 1301se, Idaho dission Expires 2-12-99 0-0 "/ompany of Idaho It I=A 15071 -:i(; `t0:1U1)0 ' 4t ♦Mf: CO. WARRANTY DEED FIRST AMERICAN ' 9rl 1011 t fll'1 ``'1 6 C For Value Received FEE(.-', . ;l:ST 01Robert D. Lorimer and ShalaA. Lorimer, husband andIW&0KDE.: , . hereinafter referred to as Grantor, dues hereby grant, bargain, sell, and convey unto Robert E. Mayfield and Evangelina•Mayfield, husband and wife hereinafter referred to as Grantee, whose current address is 3053mihVe1 idhnrlvltzidian;�B-83642 NC (P-7 9-T: 2oSO. Chatli-> zP. -63� (o the following described premises; to -wit: SEE ATTACHED SCHEDULE C FOR COMPLETE LEGAL DESCRIPTION Official Records of Ada County, Idaho. To I [AVE AND TO I-IOLD the said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simpic of said premisos; that said premises arc free from all encumbrances except current years taxes, levies, and assessnicnls, and except U.S. Patent reservations, restrictions, casement.-. of record, and casements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. Dated: November 1, 1994. Robert D. Lorimer Shalk A. Lorimer STATE OF IDAHO ) ss. COUNTY OF Ada ) On This appeared _P the of November, in the year 1.994, before me, a Notary Public in and for said State, personally 'Q,, LORIMER AND S14ALA A. LORIMER, known or identified to me to be the gte(' _e subscribed to the within Instr rent, and acknowledged to me that they executed z's - 0% U x. .�� z -�~ �= Notary Pub cf se, Id Residing at Boise, Idaho Commission expires: 02/12/99 ST Residing In Boise, Idaho My Commission Expires First American Title Company of Idaho �. SCHEDULE C The land referred to in this commitment is situated in the State of Idaho, County of Ada, and is described as follows: Beginning at the Southeast corner of the Northeast quarter of the NortheaBt quarter of section 13, Township 3 North, Range Z West, Boise Meridian, Ada County, Idaho; thence running North along the East Boundary of Section 13, Township 3 North, Range 1 West, Boise Meridian, for a distance of 35.8 feet; thence North 89°41' West, for a distance of 25.0 feet to the TRUE PLACE OF BEGINNING; thence North 89,41' West, for a distance of 363.0 feet; thence North for a distance of 240.0 feet; thence South 89041' East, for a distance of 363.0 feet; thence south for a distance of 240.0 feet to the TRUE PLACE OF BEGINNING. EXCEPT THE FOLLOWING DESCRIBED TRACT OF LAND: Beginning at the Southeast corner of the Northeast quarter of the Northeast quarter of Section 13, Township 3 North, Range 1 West, Noise Meridian; thence running North along the East boundary of Section 13, Township 3 North, Range 1 West, Boise Meridian, for a distance of 35.8 feet; thence North 89041' West, for a distance of 25.0 feet to the TRUE PLACE OF BEGINNING; thence North 89°41' West, for a distance of 363.0 feet; thence North for a distance of 120.0 feet; thence South 89'41' East, for a distance of 363.0 feet; thence South for a distance of 120.0 feet to the TRUE PLACE OF BEGINNING. EXCEPT ditch and road rights of way. Lee Centers A 1.00 acre parcel located in the SE I, NE I, NE I of Section 13, T -3-N, R -1-W, B. M., Meridian, Ada County, Idaho. Being more particularly described as follows: The description of this parcel is recorded in schedule "C" of instrument number 94098584 in the office of the recorder.in Ada County, Idaho and reads as follows. Beginning at the SE I of the NE i, NE I of Section 13, T -3-N, R -1-W, B. M., Meridian, Ada County, Idaho; thence North 35.8 feet along the section line ( the centerline of S. Meridian St.) to a point; thence N 89° 41' W 25.00 feet to a point; thence North 120.00 feet along the west side of said Meridian street to a point, the real point of beginning; thence N 89* 41' W 363.00 feet along the north side of record of survey No. 3497 whose, bearing is N 89' 18' 25" W 363.00 feet (even though these bearings are different, the angles 4 distances remain the same) to a point; thence north 120.00 feet to a point; thence S 890 41' E 363.00 feet to a point; thence south 120.00 feet to a point, the real point of beginning. Said parcel containing 1.00 acres, more air less. Including any existing easements or rights of way. I, J. R. Weissrock# a registered Lard SUrVeyor in the state of Idaho, do hereby certify that I mad a survey of the property described above I further certify that the above kw ripticn correctly shows the true dimensiom of the ply surveyed. r- 00 N [l- �O '-+ C*� to N M to N O tA 00 "O l— l— \.D \.O l— N N N00000000000000rn 0 N Q � � �O � n O a 3 0 N 00 > O!, cl kr) 00 s, O cd xO O O Lia(� I "oU M.-.N�•a�•xa a; Qto o � z U O Q a C> N clv x W O bA Cd C14 o o ti o n Q 71 o 0 C3 C,3 Q a�v�Wv�W ZZv�v� O O z A� M kN M N • • 0 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m., on August 12, 1997, for the purpose of reviewing and considering the Application of Lee Centers, for a Conditional Use Permit for land located in the SE corner of the NE % of the NE % of Section 13, T.3N, RAW, Boise Meridian, Ada County, Idaho, and which property is generally located on the West side of Meridian Road across from Meridian Lanes Bowling Alley. The Application requests a Conditional Use Permit to increase density to allow construction of 3 apartment buildings (one 4 unit and two 6 unit buildings). A more particular legal 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 25th day of July, 1997. WILLIAM G. BERG, JR., CI CL RK PUBLISH July 25, and August 8, 1997. •Meridian City Council October 7, 1997 Page 35 Bentley: Second Corrie: Motion made and seconded that we approve the findings of fact and conclusions of law as prepared by the Planning & Zoning, any further discussion? Roll call vote. ROLL CALL VOTE: Morrow — Yea, Bentley — Yea, Rountree — Yea, Tolsma — Absent: MOTION CARRIED: All Yea Corrie: Is there a motion for the decision? Morrow. Mr. Mayor, I would move that the City Council approve the zoning amendment requested under the conditions set forth in these findings of fact and conclusions of law (inaudible) interest, assigns, heirs, executors or personal representatives enter into a development agreement. That the property only be developed under the conditional use process. If the applicant is not agreeable with these findings of fact and conclusions of law and is not agreeable with entering into a development agreement, developing the (inaudible) only under a conditional use process the application for the zoning amendment should be denied. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree on the decision and recommendation as stated, any discussion? Hearing none all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF 3 APARTMENT BUILDINGS (ONE 4 UNIT AND TWO 6 UNIT BUILDINGS) BY LEE CENTERS — WEST SIDE OF MERIDIAN ROAD, ACROSS FROM THE BOWLING ALLEY. Corrie: At this time I will open the public hearing and request Mr. Smith Roger Smith, 870 N. Linder Road, Meridian, was sworn by the City Attorney. Smith: Mr. Mayor and Council members I request that my previous testimony be entered into the record regarding the conditional use application similar to the testimony entered for annexation and rezone. Rountree: I have the same question for you. Meridian City Council October 7, 1997 Page 36 Smith: We have reviewed the City's findings of fact and conclusions of law and concur with those findings. Rountree: Thank you Corrie: Any other questions? Thank you Mr. Smith, anyone else from the public that would like to issue testimony on this issue? Hearing none, Council? Staff comments? Stiles: The only comment I have is that I guess Roger will be submitting a new site plan with his building permit application and also we need an ordinance on this one. Corrie: Thank you, at this point I will close the public hearing for the request of the conditional use permit. Morrow. Mr. Mayor, as a point of order again I left out a motion that was necessary for an ordinance to change the zoning from R-15 to R-40. So what I would like to do now that we have closed the public hearing is step back and offer for Council a motion to instruct the City Attorney to prepare a zoning ordinance for the rezone from R-15 to R- 40 on the request. Rountree: Second Corrie: Motion made and seconded that the ordinance for the rezone from R-15 to R-40 be prepared by the City Attorney, any discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Morrow. Moving forward Mr. Mayor since there was no change in testimony I would move that the conditional use that we also adopt the findings of fact and conclusions of law as prepared for us by P & Z. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to approve the findings of fact and conclusions of law that were prepared by the City Planning and Zoning, any further discussion? Roll call vote. ROLL CALL VOTE: Morrow —Yea, Bentley — Yea, Rountree — Yea, Tolsma — Absent MOTION CARRIED: All Yea Corrie: Entertain a motion for the recommendation and decision. Morrow. Mr. Mayor, the City Council of the City of Meridian approves the conditional use being requested by the applicant for the property described in the application under the Meridian City Council October 7, 1997 Page 37 conditions set forth in the findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council for the property required to meet the water and sewer requirements the fire and life safety codes, uniform fire code, parking, paving, landscaping requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to (inaudible) Rountree: Second Corrie: Motion made and seconded on the decision as read, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #17: DOLORES LISBY: DISCUSSION OF PAVING REQUIREMENT AT 706 E. FIRST STREET: Lisby: I am here again asking that you would drop the, I don't know what you would call it anyhow so that I wouldn't have to be forced to pave in back of my lot or in back of my building. There is a 30 by 120 feet that is mine and there is 30 by 120 feet that belong to Ruth Crow. If this kind of rings a bell for you when I was here March le putting this before you before. You told me that to keep at Ruth to try and get her to go ahead and pave this. I sent you a letter telling the dates that I called her nearly every single month since March and she defiantly says no way, no way. She has real problems her business is down, she can't see that it would better her business in anyway to pave. And positively no she will not do it. Well since I originally had bids on this for my property things have gone up. Not only to where it would be more than double close to $12,000 but it would probably be Gose to $15,000 now just to do my little 30 by 120 and a good share of that has cement on it now which wouldn't have to be done. I think that is exorbitant to place me under that kind of a condition where I would have her heavy beer trucks going through there breaking down my asphalt and the cement that I would have to put down the center for drainage. I ask that you would allow this to drop. If at any time perhaps on down the line that she would go for it boy I would jump at the chance to have it paved because I want to improve the property. But I can't do it from $5,000 to $15,0001 can't do it, that is just ridiculous. Not only that I would have to keep my drain cleaned, not only for my own which would be very little upkeep for my part but with all her rocks and drainage and everything it would put a hardship on me. So I ask that you drop this. Corrie: Council, any discussion or questions, thoughts? Morrow. Mr. Mayor, do we not in our discussion in March give you the time to see until now to see if we can get Mrs. Crow (inaudible) did we not also have before us drawings that clearly indicated that the center of the drain would be centered on the property line so that it would drain both lots? MERIDIAN CITY COUNCIL MEETING: OCTOBER 7.1997 APPLICANT: LEE CENTERS ITEM NUMBER: 16 REQUEST: PUBLIC HEARING: REQUEST FOR A CUP FOR CONSTRUCTION OF 3 APARTMENT BUILDINGS AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: COMMENTS P & Z MINUTES FOR 8-12-97 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW 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: "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoo Commission August 12, 1997 Page 35 MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF THREE APARTMENT BUILDINGS (ONE 4. UNIT AND TWO 6 UNIT BUILDINGS) BY LEE CENTERS — WEST SIDE OF MERIDIAN ROAD ACROSS FROM THE BOWLING ALLEY: Johnson: I will now open this public hearing and invite the applicant and the applicant's representative to address the Commission. David Bailey, 870 S. Linder Suite B, Meridian, was sworn by the City Attorney. Johnson: Do you have anything to add or would you just like to incorporate prior testimony? Bailey: Mr. Chairman, I would like to incorporate my comments from the previous public hearing into this public hearing. Johnson: Any questions for Mr. Bailey from the Commission on the conditional use permit? MacCoy: Mr. Chairman, I. would like to make that correction again on this one too on page three of the staff report, item 15 that light be changed to lot so it reads correctly. Johnson: Thank you, Mr. Centers would you like to incorporate your testimony as well? Lee Centers, 3770 S. Linder, Meridian, was sworn by the City Attorney. Centers: I would like to incorporate what I said before into this one. Johnson: Thank you, any questions of Mr. Centers? Anyone else from the public? Stiles: I would just like to request that we get a copy of Ada County Highway Districts comments, we haven't had those yet to make sure those are incorporated into the findings. Johnson: Good point, we should have picked up on that. We will do that, and I am sure they will give us a copy. Do you have some? Anything else from staff, if not I will close the public hearing at this time. This is a conditional use permit, it requires findings of fact as well. MacCoy: Mr. Chairman, I propose that our attorney prepare findings of fact and conclusions of law for item 12. Borup: Second • Meridian Planning & Zoning Commission August 12, 1997 Page 36 • Johnson: A motion and a second to have the City Attorney prepare .findings of fact and conclusions of law on the public hearing for a conditional use permit by Lee Centers, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: REQUEST FOR A VACATION OF GENTRY WAY IN AMENDED MAGIC VIEW SUBDIVISION AND PUBLIC UTILITIES, DRAINAGE AND IRRIGATION EASEMENTS BY DICK MESSERSMITH - PUBLIC RIGHT OF WAY ADJACENT TO LOTS 12 AND 13: Johnson: So this is a request for a vacation but not a public hearing is that correct? No public hearing required this is just a request for a vacation? Stiles: Yes Johnson: Is Mr. Messersmith here or a representative? Jacobs: Keith Jacobs, this piece of right of way Gentry Way doesn't have utilities in it, no improvements over that land access to Eagle Road has been terminated by the transportation Department of Idaho. The only access out of this property these two properties would be back to Allen Street and we are just requesting that we vacate this right of way and then proceed onto the Highway. District. Johnson: Makes sense to me, any questions of Mr. Jacobs? MacCoy: I have one, looking at your map that was submitted with your material, I am assuming after figuring out all of these lines and everything that it is 13 and 14 you are talking about, 12 and 13. Jacobs: 14 is part of the right of way now (inaudible). MacCoy: Okay 12 and 13 which you have decided that you don't care to spend the money to go ahead and hook those up and just not develop those two pieces of property is that the reason you are not going to do it? Jacobs: As I understand it the property owners, there are two property owners the owners of lot 13 and lot 12 wish to vacate this and apparently pool their resources and either market or develop it as a unit. The remnant part of Lot 13 is such an odd shape that it makes it advantageous to put the two together and that is what the hope is to vacate that right of way and then they will have more land to develop. It is a dead end street. WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 - FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor To: Mayor, City Council and Planning & Zoning From: Bruce Freckleton, Assistant to City En neer Shari Stiles, P&Z Administrator COUNCIL MEMBERS WALT W. MORROW, President RONALD R. iOLSMA CHARLES M. RbUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH August 7, 1997 Re: Request for Rezone from R-15 to R-40 with a Conditional Use Permit for a 16 -unit Apartment Complex by. Lee Centers 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.- Any ouncil: Any existing irrigation/dramage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. 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. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. Fire hydrant locations shall be depicted on the preliminary plat map. 4. The City of Meridian owns and maintains an eight -inch diameter sanitary sewer main adjacent to the south of this propose site. An eight -inch diameter main will need to be extended into the subject parcel. Appropriate easements to the City of Meridian will need to be dedicated over said main. Sewer main extension plans shall be reviewed during the plan review process. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this project. r Mayor, Council and P&Z August 7, 1997 Page 2 5. The City of Meridian owns and maintains a six-inch diameter water main adjacent to the south in Mr. Center's apartment complex. A six-inch diameter main will need to be extended north into the subject site. Appropriate easements to the City of Meridian will need to be dedicated over said main. At this time the Public Works Department is concerned about the capacity to serve this site for fire protection from the single six-inch main that was installed as part of Mr. Center's adjacent project. An additional main may be required to loop the main to Meridian Road. The necessity for this additional main will be determined from a fire hydrant flow test on site during the plan review process. 6. Please revise the site plan to show all existing and proposed utilities. 7. Assessment fees will be determined during the plan review process. Applicant will be required to enter into a re -assessment agreement with the City of Meridian. 8. As Meridian Road is designated as an entrance corridor in the Meridian Comprehensive Plan, a minimum 20 -foot landscape setback beyond required right-of-way should be provided. Detailed landscape plans showing this planting strip will be reviewed during the building permit process. 9. Although not shown on the site plan, the landscape plan shows that the area east of the proposed four -unit apartment is for overflow parking. No access to Meridian Road has been approved for this location. In order to be used for parking, the access for the existing house would have to be used. If Council approves this area for overflow parking, it will need to be fully paved and landscaped. Gravel parking areas will not be permitted. Some additional landscaped space in this area would be desirable. 10. Provide five -foot -wide pedestrian walkways throughout the project. 11. The proposed trash area is shown as a planter on the landscape plan. Coordinate dumpster location with Meridian Sanitary Services and revise plans to reflect changes. 12. Dedicate additional needed right-of-way on Meridian Road to Ada County Highway District. Submit a copy of the recorded warranty deed prior to obtaining a building permit. The dedication needs to include the frontage of the existing house. L= Ccnm.cm Mayor, Council and P&Z August 7, 1997 Page 3 13. Provide handicap parking spaces and signage in accordance with the Americans with Disabilities Act. Applicant needs to verify if any of the proposed units are required to be handicap accessible. 14. Construct permanent, six -foot -high perimeter fencing prior to obtaining building permit. iot 15. Provide security lighting for the parking JWK per Ordinance. 16. All signage is to be approved by the Planning & Zoning Department. Temporary and A - frame signs will not be permitted and will be removed upon 3 days' notice to the Applicant. 17. Council may require a development agreement as a condition of the rezone, but details could be part of the annexation ordinance and the approved conditional use. If the R-40 zone is granted, density should be limited to a maximum of 20 units as has been conditioned upon other properties zoned R-40. The proposed site plan would result in a density of 18.9 units per acre. LM Ccum.cup I BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION LEE CENTERS CONDITIONAL USE PERMIT FOR A THREE APARTMENT BUILDINGS 305 S. MERIDIAN ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on August 12, 1997, at the hour of 7:00 o'clock p.m.; the, Applicant appearing through his representative, David Bailey of Pinnacle Engineers, Inc., hereinafter referred to as the "Representative," the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of a public hearing on the application for the conditional use permit was published for two (2) consecutive weeks prior to said public hearing scheduled on August 12, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 12, 1997, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property contains approximately one acre and is located within the City of Meridian at 305 S. Meridian Road. The property is described in the application which description is FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. LEE CENTERS - CONDITIONAL USE PERMIT • 0 incorporated herein. The Applicant is not the owner of record of the property. The record owners of the property are Robert E. and Evangelina Mayfield, and they have consented to the application for re -zone of the property. 3. The property is presently zoned (R-15) Medium Sigh Density Residential District and the Applicant has requested by separate application a zoning amendment to (R-40) Sigh Density Residential District. 4. Pursuant to the application, the property is presently used for a single family residence. The proposed use of the property is to construct three apartment buildings. The purpose of the requested rezone of the property is to allow the construction of 16 apartment units in three separate buildings. This proposed use results in 17 dwelling units on the property. 5. Further, pursuant to the application, the property is bound by existing apartment complexes on both the north and south sides. Consequently, the proposed project can be easily viewed as an "in -fill" type of project. Although the resulting density will be slightly higher than the adjacent multi -family parcels, the density essentially will be comparable to the neighboring apartment complexes. Existing utilities, sewer and water, are available on the lot to the south of the property, and can be easily extended to the property. Connection to the existing single family residence to the City's services in planned as part of the proposed project. 6. The Representative testified substantially as follows. There exists a single family residence on the property. With FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. LEE CENTERS - CONDITIONAL USE PERMIT regard to the proposed project, of the three apartment buildings to be constructed, two of will have six units and the third will have four units. Access to the apartment complexes will be through the adjacent existing apartment complexes. The Applicant will provide sewer and water service to the property from this adjacent property with the apartment complexes. 7. The Representative further testified substantially as follows. With regard to City staff's comments, no drainage ditches exist on or across the property. The Applicant will abandon the existing septic system for the existing house on the property, and connect the house to the City's sewer system. The existing house is presently connected to the City's water system. The Applicant has spoken with the Meridian Fire Department concerning the location of fire hydrants, and there exists some concern about the water flow to the fire hydrant from the six inch main. If needed, the Applicant can loop the water line back to Meridian Road to increase the water flow for fire protection. The Applicant will provide the easements for the sewer and water. Consistent with discussions between the City Engineer, Gary Smith, and Roger Smith of Pinnacle Engineers, concerning the utilities, the plan needs to be revised to depict the utilities. The plan will be revised to show five feet wide sidewalks. In addition there will be provided a handicapped parking space in the proposed development. The Applicant has worked with the Ada County Highway District and determined what it needs in terms of right-of-way for access. With regard to item 9 of City staff's comments, the Ada County Highway FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. LEE CENTERS - CONDITIONAL USE PERMIT District has stated that there is a loop driveway to the existing house; it wants a single access drive rather than two accesses. The Applicant will develop the property to provide the one access and does not intend to provide the area for overflow parking. If the Applicant did provide the area as overflow parking, he would have to pave the area and provide additional landscaping. However, the Ada County Highway District has indicated that it would not object to the use of such area as overflow parking. A fence presently surrounds the north and west sides of the property. Hope Arms apartment complexes are to the west and north sides of the property. To the east and across Meridian Road is Meridian Lanes. And the Applicant's previous project is to the south of the property. 8. In response to questions of Commissioner MacCoy, the Representative testified substantially as follows. The access to the property is to be from the south, so that there exists plenty of room for the 20 feet set back along Meridian Road. The trash area is part of the plans for the development of the property, although such area is not depicted on the landscape plan submitted. He is uncertain as to what has been done to coordinate the trash removal with the City of Meridian's solid waste contractor. The existing fence along the property is a chain link fence six feet in height. There is not to be any signage for this particular project. The Applicant does not plan to provide canopy parking for vehicles. The buildings located south of the property are similar to the buildings to be constructed on the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. LEE CENTERS - CONDITIONAL USE PERMIT • i 9. In response to questions of Commissioner Borup, the Representative testified substantially as follows. The Representative does not know, off the top of his head, the zoning district of the property on which Hope Arms apartments are located. Chairman Johnson commented that the property was zoned R-15. The overflow parking will not be part of this proposed project. As far as the 20 feet landscape set back along Meridian Road, there is no planned landscaping at this time. 10. Commissioner Borup commented that the landscaping of the Applicant's other project, the development of the property south of the subject property, is nice; that he believes the landscaping including the landscaping along Meridian Road needs to be addressed. In response, the Representative testified that the Applicant planned to maintain the existing landscaping in the area. 11. The Applicant, Lee Centers, testified substantially as follows. Be does not know what the Ada County Highway District's plans are with regard to the frontage area of the property. The Ada County Highway District has indicated that it would not permit access to the proposed project from Meridian Road. Consequently, he will have to landscape the area when he applies for a building permit. There exists a cyclone metal fence surrounding the property. Towards the end of the project, to avoid damage during construction, he is going to replace that fence with a cedar fence six feet in height around the property. The apartment buildings will have covered entry ways, and the stairs will be covered. The buildings are to be stucco. The landscaping of the property is to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. LEE CENTERS - CONDITIONAL USE PERMIT • • be similar to the property to the south, and he will landscape the area along Meridian Road after the Ada County Highway District determines what its plans are. 12. In response to questions of Commissioner Borup, Mr. Centers testified substantially as follows. With regard to the submitted plan and the fence depicted on it, that fence is the existing fence, which is not on the property line. If owner(s) of Hope Arms agrees, of which he is positive, he will replace that fence and locate it on the property line. 13. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, submitted comments which comments are incorporated herein as if set forth in full. Their comments included the following: a. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. 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. No variances have been requested for tiling of any ditches crossing this project; b. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation; C. The Applicant is to coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. Fire hydrant locations shall be depicted on the preliminary plat map; d. The City of Meridian owns and maintains an eight - inch diameter sanitary sewer main adjacent to the south of this proposed site. An eight -inch diameter main will need to be extended into the subject parcel. Appropriate easements to the City of Meridian will need to be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. LEE CENTERS - CONDITIONAL USE PERMIT dedicated over said main. Sewer main extension plans shall be reviewed during the plan review process. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this project; e. The City of Meridian owns and maintains a six-inch diameter water main adjacent to the south in Mr. Center's apartment complex. A six-inch diameter main will need to be extended north into the subject site. Appropriate easements to the City of Meridian will need to be dedicated over said main. At this time the Public Works Department is concerned about the capacity to serve this site for fire protection from the single six-inch main that was installed as part of Mr. Center's adjacent project. An additional main may be required to loop the main to Meridian Road. The necessity for this additional main will be determined from a fire hydrant flow test on site during the plan review process; f. The Applicant is to revise the site plan to show all existing and proposed utilities; g. Assessment fees will be determined during the plan review process. The Applicant will be required to enter into a re -assessment agreement with the City of Meridian; h. As Meridian Road is designated as an entrance corridor in the Meridian Comprehensive Plan, a minimum 20 -foot landscape setback beyond required right-of-way should be provided. Detailed landscape plans showing this planting strip will be reviewed during the building permit process; i. Although not shown on the site plan, the landscape plans shows that the area east of the proposed four -unit apartment is for overflow parking. No access to Meridian Road has been approved for this location. In order to be used for parking, the access for the existing house would have to be used. If Council approves this area for overflow parking, it will need to be fully paved and landscaped. Gravel parking areas will not be permitted. Some additional landscaped space in this area would be desirable; j. The Applicant is to provide five -foot -wide pedestrian walkways throughout the project; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. LEE CENTERS - CONDITIONAL USE PERMIT k. The proposed trash area is shown as a planter on the landscape plan. The Applicant is to coordinate dumpster location with Meridian Sanitary Services and revise plans to reflect changes; 1. The Applicant is to dedicate additional needed right-of-way on Meridian Road to Ada County Highway District. The Applicant is to submit a copy of the recorded warranty deed prior to obtaining a building permit. The dedication needs to include the frontage of the existing house; M. The Applicant is to provide handicap parking spaces and signage in accordance with the Americans with Disabilities Act. The Applicant needs to verify if any of the proposed units are required to be handicap accessible; n. The Applicant is to construct permanent, six -foot - high perimeter fencing prior to obtaining building permit; o. The Applicant is to provide security lighting for the parking lot per ordinance; p. All signage is to be approved by the Planning & Zoning Department. Temporary and A -frame signs will not be permitted and will be removed upon three days notice to the Applicant; and q. Council may require a development agreement as a condition of the rezone, but details could be part of the annexation ordinance and the approved conditional use. If the R-40 zone is granted, density should be limited to a maximum of 20 units as has been conditioned upon other properties zoned R-40. The proposed site plan would result in a density of 18.9 units per acre. 14. The Meridian Police Department, the Meridian Fire Department and the Meridian Sewer Department submitted comments on the subject application, which respective comments are hereby incorporated herein as if set forth in full. 15. The Nampa & Meridian Irrigation District submitted comments on the subject application, which comments are hereby FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page $. LEE CENTERS - CONDITIONAL USE PERMIT incorporated herein as if set forth in full. Its comments included the following: a. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting; b. All laterals and waste ways must be protected; c. 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; d. The developer must comply with Idaho Code Section 31-3805; and e. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 16. The Central District Health Department submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full. Its comments included that after written approval from appropriate entities are submitted, it can approve the proposal for central sewage and central water; that runoff is not to create a mosquito breeding problem, or impact ground and/or surface water; and that the existing septic system is to be abandoned according to the rules and regulations governing sewage systems. 17. The Ada County Highway District has or may hereafter submit comments, and such comments whether presently submitted or hereafter submitted are hereby specifically incorporated herein as if set forth in full. 18. There were no other comments by the public regarding this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. LEE CENTERS - CONDITIONAL USE PERMIT • CONCLUSIONS OF LAW • 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning And Development Ordinance of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code Section 67-6512 and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 D authorizes the City to prescribe a set time period for which a conditional use may be in existence. S. Section 11-2-418 D states as follows: 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 made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. LEE CENTERS - CONDITIONAL USE PERMIT 6. This Application for a conditional use has been judged upon the basis of guidelines contained in Section 11-2-418 of the Zoning And Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 7. Section 11-2-418 C of the Zoning And Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. Upon a review of those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. Pursuant to the conditions for the zoning amendment granted for the property a conditional use permit would be required; b. The use would be harmonious with and in accordance with the Comprehensive Plan and the Zoning Ordinance; C. The use is designed and is, apparently, to be constructed so as to be harmonious in appearance with the character of the general vicinity. If the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; however, traffic may increase, but the development will have a vehicular approach to the property which shall be designed to decrease interference with traffic on surrounding public streets; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. LEE CENTERS - CONDITIONAL USE PERMIT e. The Applicant shall be able to provide adequately for the essential public facilities and services such as streets, police and fire protection, drainage structures, refuse disposal, water and sewer, but Applicant may have to pay additional fees for the use; f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; g. If the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. The Applicant will cause the property to have a vehicular approach which shall be designed as not to create an interference with traffic on surrounding public streets, and sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 8. Because conditions may be placed upon the grant of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of the grant of the conditional use be required, to wit: a. The conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner or lessor of the subject property or to another property; b. The conditional use shall, not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications; C. The Applicant shall meet the comments, recommendations and requirements of the City Engineer's office and the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. LEE CENTERS - CONDITIONAL USE PERMIT • F_ \_ Planning and Zoning Administrator, which include, but are not limited to the following: (1) Any existing irrigation or drainage ditches crossing the property, to be included in this project, shall be tiled pursuant to Section 11-9- 605 M. The Applicant shall submit plans for such tiling to the appropriate irrigation or drainage district, or lateral users association for approval, with written confirmation of said approval submitted to the Public Works Department; (2) Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City of Meridian Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation; (3) The Applicant shall coordinate the location of fire hydrant(s) with the City of Meridian's Water Works Superintendent. Fire hydrant locations shall be depicted on the preliminary plat map; (4) As the City of Meridian owns and maintains an eight -inch diameter sanitary sewer main adjacent to the south of the property, the Applicant must extend an eight -inch diameter main into the subject parcel. Appropriate easements will need to be dedicated to the City of Meridian for said main; (5) The Applicant shall submit sewer main extension plans to the City of Meridian for review during the plan review process; (6) As the treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated, approval of this application is contingent upon the City of Meridian's ability to accept the additional sanitary sewage generated by this proposed project; (7) As the City of Meridian owns and maintains a six- inch diameter water main adjacent to the south of the property, a six-inch diameter main must be extended north into the property. The Applicant shall dedicate appropriate easements to the City of Meridian for said main; (8) As the Public Works Department is presently concerned about the capacity to serve the property with fire protection from the single six-inch main FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. LEE CENTERS - CONDITIONAL USE PERMIT that was installed as part of project on the southern adjacent property, the City of Meridian may require, in its discretion, an additional main to loop to the main in Meridian Road. The necessity for this additional main will be determined by the City of Meridian from a fire hydrant flow test on site during the plan review process; (9) The Applicant shall revise the site plan to show all existing and proposed utilities; (10) Assessment fees will be determined during the plan review process. The Applicant shall enter into an Assessment Agreement with the City of Meridian; (11) As Meridian Road is a designated entrance corridor in the Meridian Comprehensive Plan, a minimum 20 - foot landscape setback beyond required right-of-way shall be provided. The Applicant shall submit detailed landscape plans showing the planting strip along Meridian Road, which will be reviewed during the building permit process; (12) Although not shown on the site plan, the landscape plans presented depict that the area east of the proposed four -unit apartment is for overflow parking. No access to or from Meridian Road has been approved for this location. Consequently, for this area to be used for parking, the access for the existing house must be used. If this area is approved for overflow parking, it shall be fully paved and landscaped; (13) Gravel parking areas shall not be permitted; (14) The Applicant shall provide five feet wide pedestrian walkways throughout the proposed project; (16) The Applicant shall coordinate dumpster location(s) with the City of Meridian's solid waste contractor, and revise plans to reflect any changes and the locations of such dumpsters; (17) The Applicant shall dedicate additional needed right-of-way on Meridian Road to the Ada County Highway District. The Applicant shall submit to the City of Meridian a copy of the recorded warranty deed or other evidence of the dedication of such right-of-way to the Ada County Highway FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. LEE CENTERS - CONDITIONAL USE PERMIT District prior Such dedication frontage of the • to obtaining a of right-of-way existing house on building permit. must include the the property; (18) The Applicant shall provide handicap parking spaces and signage in accordance with the Americans with Disabilities Act; (19) The Applicant shall verify whether any of the proposed units are to be handicap accessible; (20) The Applicant shall construct permanent perimeter fencing, six feet in height, prior to obtaining a building permit; (2 1) The Applicant shall provide security lighting for the parking lot per ordinance; and (22) All signage shall be approved by the Planning & Zoning Department. Temporary and A -frame signs will not be permitted and will be removed upon three days notice to the Applicant. d. The Applicant shall meet the comments, recommendations and requirements of the Meridian Police Department, the Meridian Fire Department and the Meridian Sewer Department. e. The Applicant shall meet the comments, recommendations and requirements of the Nampa & Meridian Irrigation District, which comments, recommendations and requirements include, but are not limited to, the following: (1) The Applicant shall file with the Nampa & Meridian Irrigation District a Land Use Change/Site Development application for review prior to final platting; (2) The Applicant shall protect all laterals and waste ways on and through the property; (3) The Applicant shall retain all municipal surface drainage on site, and, in the event any surface drainage leaves the property, the Applicant shall submit to the Nampa & Meridian Irrigation District for review drainage plans; and (4) The Applicant shall comply with Idaho Code Section 31-3805. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. LEE CENTERS - CONDITIONAL USE PERMIT f. The Applicant shall meet the continents, recommendations and requirements of the Central District Health Department, which comments, recommendations and requirements include, but are not limited to, the following: (1) After written approval from appropriate entities are submitted, it may approve the proposed project for central sewage and central water; (2) Runoff shall neither create a mosquito breeding problem, nor impact ground and/or surface water; and (3) The existing septic system on the property shall be abandoned. g. The Applicant shall meet the comments, recommendations and requirements of the Ada County Highway District, whether submitted or hereafter submitted. h. As the Applicant's Representative substantially testified that the buildings located south of the property are similar to the buildings to be constructed on the property, the construction of the three apartment buildings on the property shall be similar, in terms of design, architecture and material, to the buildings located south of the property. i. All ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Fire and Life Safety Codes, all parking and landscaping requirements. 9. The above -conditions are concluded to be reasonable and the Applicant shall meet these conditions. 10. It is recommended that if the Applicant meets the conditions stated above, that the conditional use permit be granted to the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. LEE CENTERS - CONDITIONAL USE PERMIT APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAK The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP VOTED COMMISSIONER MACCOY VOTED COMMISSIONER SMITH VOTED CAAIRMAN JOHNSON (TIE BREAKER) FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. LEE CENTERS - CONDITIONAL USE PERMIT DECISION AND RECOMMENDATION The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking, paving and landscape requirements, and all ordinances of the City of Meridian. The conditional use should be subject to review 'upon notice to the Applicant by the City. MOTION: APPROVED: DISAPPROVED. ._ FINDINGS OF FACT AND CONCLUSIONS OF LAN - Page 18. LEE CENTERS - CONDITIONAL USE PERMIT OFFICIALS WILLIAM G. BERG, JR., City Clerk ,J�{ANICE L. SMITH, City Treasurer AARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY . A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: August 5. 1997 TRANSMITTAL DATE: 7/17/97 HEARING DATE: 8/12/97 REQUEST: Conditional Use Permit for construction of 3 apartment buildings (one 4 unit and two 6 unit buildings) BY: Lee Centers LOCATION OF PROPERTY OR PROJECT: West side of Meridian Road across from the bowling JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (P IM. & FINAL PLAT) BUREAU OF RECL T (PRE &FIN P CITY FILES ����• /J OTHER: I•� YOUR CONCISE J U L 2 2 1991 CITY OF NERMAN OFFICIALS . HUB OF TREASURE VALLEY S COUNCIL MEMBEPg G. BERG, JR., City Clerk A Good Place to Live WALT W. MORROW. P,esidern L. SMITH, City Treasurer ASMITH, P.E., City Engineer CITY OF MERIDIAN RONALD R. TOLSMA C BRUCE D. STUART, Water Works Supt. GLENN R. BENTLEY JOHN T SHAWCROFT, Waste Water Supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMIS I ti PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON. Chairman KENNETH W. BOWERS, Fire Chief W.L. "BILLGORDON, Police Chief Public Works/Building Department (208) 887-2211 MALCOLM MACCOY WAYNE G. CROOKSROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP RON MANNING ROBERT D. CORRIE BYRON SMITH Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: August 5, 1997 TRANSMITTAL DATE: 7/17/97 HEARING DATE: 8/12/97 REQUEST: Conditional Use Permit for construction of 3 apartment buildings (one 4 unit and two 6 unit buildings) BY: Lee Centers LOCATION OF PROPERTY OR PROJECT: West side of Meridian Road across from the bowling alley JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION pF_0F_1 V jED CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT l i 1, 2 1 tgg7 SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) 1TV OF AERIDIAN U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES p v� OTHER: YOUR CONCISE REMARKS: A,*1' 4 v •e 4 Dro 6 be i. - • ✓q �/ r.M� t T RECEIVED ADf HIGHWAY I TRI Planning and Development DMST AUG 13 1997 F Development ApplicationReport lk OF NERWAIV ra £; MCU -25-97 305 Meridian Road, n/o Gem eet Thre artment buildings The applicant is requesting conditional use approval too �truct three apartment buildings (16- units total). The applicant is also requesting a zone change ftomt 5 to R-40. The 1 -acre site is located on the west side of Meridian Road ,! ppr imately�l feet north of Gem Street. This development is estimated to generate 1128, d iti. elucle taps per day based on the Institute of Transportation Engineers Trip Generation man Roads impacted by this development: ACHD GomirussionDai'e - August 13, 1997 - 7:00 p.m. •a �t ^^ �aAAavAAi7ag IS 0iC •3 1S ONZ •3 IN�w��ddv N`v'IdIrJ3 0 0 M E -4E o Ul O O zr -o U M 0 II J O W Q E-+ f!J zp U CM 0 0 M J Q l~ Li H Q J W J \z ou Li z z 133211S ISL •3 z Q o� .w �z wQ � J CIV08 NbY14R13W zZ W M � J Q Q Q. � Q w w Q � J O O J of CL c� LJ W 4i 0 r- oz E -4E zr -o U O W 0 E-+ f!J zp CM O zWd l~ z z \z ou d WEx.d za H � W 0 � � Ex- O p G. OZ � ao E- Zo CL d 0 r- N O Z Z O N O z z C) 10 O C z 0 D c� m N m m -i ZONING: C—G O u O Ln m 0 D D M z --q N N 0 1 z m z D r m II O � C O z o m D D � m D r O u O Ln m 0 D D M z --q N I Cn MERIDIAN ROAD MERIMIAN APARTMENTS O 0 m D X N r D z m PINS .. En`/sear■. lam 0 0 N C7 D r m II Ocn O o I Cn MERIDIAN ROAD MERIMIAN APARTMENTS O 0 m D X N r D z m PINS .. En`/sear■. lam Facts and Findings: A. General Information Owner - Robert and Evangelina Mayfield Applicant - Roger Smith (Pinnacle Engineers, R-15 - Existing zoning R40 - Requested zoning 1 - Acres 16 - Proposed dwelling units 280 - Traffic Analysis Zone West Ada - Western Ci Meridian Road�� Minor arterial with bike lane designation Traffic count 7;620 on 5/14/96 (north of Pine Street) ffi 120 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 66 -feet required right-of'way (33 -feet from centerline) Meridian Road 25 ""improved with 24 -feet of pavement with no curb, gutter or sidewalk. Meridian Road is in the design stage for reconstruction. Right-of-way for Meridian Road will be acquired by the District's Right -of -Way Department. 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 345-7667 (with file numbers) for details. C. The new applicants will have access to Meridian Road via cross access to the site to the south to use their existing driveway on Meridian Road. D. The applicant has an existing loop driveway on Meridian Road, it serves an existing single family dwelling, located approximately 100 -feet north of Gem Street. There are several driveways on the east side of Meridian Road that are within 150 -feet of the applicant's existing driveway. District policy requires a 220 -foot offset from the applicant's existing driveway and Gem Street on the east side of Meridian Road, and 150 -foot offset from the existing driveways on the east side of Meridian Road. The applicant's existing loop driveway does not meet District policy. Staff recommends that the applicant be required to relocate a single driveway abutting the north property line where it will align with an existing driveway on the east. This will provide approximately 200 -feet of separation between Gem Street and the site's driveway. However, a driveway abutting the north property line will be within 150 -feet of the existing driveways on the east side of Meridian Road. Staff MCU2597.COM Page 2 • recommends a variance of the 150 -foot offset requirement because a driveway abutting the site's north property line will align with an existing�drivewa�Wonthe east side, of Meridian Road and provide greater separation from Gem Street to the south The dnv'eway should be constructed 24 to 30 -feet wide and located adjacentodi� site's north property line. Coordinate the design and location of the drivewaywnstrict staff. E. District policy requires the applicant to provide7a $ ,020 OO�deposit to the Public Rights -of - Way Trust Fund for the cost of constructing a 5� oot ide oncrete sidewalk on Meridian Road abutting the parcel(approximately,� nor�tossuance of any required permits or District approval of a final plat, hicheve occurs =first. F. District policy states that direct access to arterials.and collectors is normally restricted and that the developer{shall try to usecombmed access points. In accordance with District policy the applicant should be required to' rovide a recorded cross access easement for the parcels . to the north and south to'kuse this par 1 for access to the public streets prior to issuance of a building permit (or oche eauired permits). The District intends to require a similar agreement of th awnersof th�parc &ls to the north and south if they are the subject of a future development applicatio Y G. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway: In accordance with past action by the District the applicant should be required'. pave ,tli6 driveway its full required width of to at least 30 -feet beyond the edge of pavement `of Meridian Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. H. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. I. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following requirements are provided as conditions for approval: Site Specific Requirements: 1. Constructed a 24 to 30 -feet wide driveway on Meridian Road located adjacent to the site's north property line. Coordinate the design and location of the driveway with District staff. 2. Pave the driveway its full required width to at least 30 -feet beyond the edge of pavement of Meridian Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 3. Provide a $1,020.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing a 5 -foot wide concrete sidewalk on Meridian Road abutting the parcel MCU2597.COM Page 3 • (approximately 120 -feet) prior to issuance of any final plat, whichever occurs first. 4. Provide a recorded cross access easement for the parcel for access to the public streets prior to issi permits). The District intends to require a simila the north and south if they are the subject of„a fu • District approval of a to the north' south to use this kbuilding permit (or other required len of the owners of the parcels to to menta application. P ..µ� 5. As required by District policy, restrictions on thF idth;�nuinber and locations of driveways, shall be placed on future developmeof thisparcel nt 6. Other than the access point specifically appi*oved -Ith this application, direct lot or parcel access to Meridian=Road is prohibited. Standard Req 1. A request for shall be made Commiss difcation variance or waiver of any requirement or policy outlined herein writing to the�ACHD Development Services Supervisor. The request shall liction. Those items shall be rescheduled for discussion with 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 Development Services Supervisor within two weeks of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identi , 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. MCU2597.COM Page 4 0 4. All design and construction shall be in accordance wiihr Policy Manual, ISPWC Standards and approved suppler, procedures and all applicable ACHD Ordinances nuless .. L_ J District 5. The applicant shall submit revised plans for staff app-proyalprior to issuance of building permit (or other required permits), which incorporates ai%gigg4ired design changes. 6. Construction, use and property development-59hR r -been confoinnance with all applicable requirements of the Ada County Highway Dis riictv" t District approval for occupancy. 7. No change in the terms and writing and signed by the al authorized representative of applicant to obtain written c District. Y 8. Any change by the ;applic, application, shall require plans, or other regulatory successors"I interest advi the subject property unles granted pursuant :to tWIa Conclusion of Law: rtions of this approval shall be valid unless they are in „pq-r-r nt or the pplicant's authorized representative and an oJriNIA P, 6a Coun ighway District. The burden shall be upon the oration '6f -y change from the Ada County Highway it f the planned use of the property which is the subject of this e,applicant to comply with all rules, regulations, ordinances, rid .Legal restrictions in force at the time the applicant or its -s the Highway District of its intent to change the planned use of a waiver/variance of said requirements or other legal relief is in effect at the time the change in use is sought. 1. 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 Development Services Division at 345-7662. Submitted by: Development Services Staff Date of Commission Action: MCU2597.COM Page 5 CCENTRAL CERAL DISTRICT HEALTH DEPARMWi E[� IV• DISTRICT Environmental Haab Division HEALTH 2 4 ❑ Retill>to: Boise DEPARTMENT CITY OF MERIDIAN ❑ Eagle Rezone # ❑ Garden city Meridian Conditional Use# ❑ Kuna Preliminary / Final / Short Plat ❑ ACZ W, ❑ I. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment ❑ S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ® 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ® central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ® central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ® 10. Runoff is not to create a mosquito breeding problemr o /mfA cv- 6R�OuND <Su 2FA c't Wf � ❑ I I. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection ❑ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 14. 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 1 ® 15. TfYL re -P77 c. d 72:-- ,y �TAu // 64= /tF/►NDb,/CZ 114- Date: 7 / -/-6 G ,e uLe-rCj �v'c72s��.JG- w�+ �c Di� posc�L Reviewed By: Sc�S�-i`fS Review Sheet Co Ifni .a, my. 11" 1t�Ce7 WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKI EL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, Presicent RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON. Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYR.ON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: August 5, 1997 TRANSMITTAL DATE: 7/17/97 HEARING DATE: 8/12/97 REQUEST: Conditional Use Permit for construction of 3 apartment buildings (one 4 unit and two 6 unit buildings) BY: Lee Centers LOCATION OF PROPERTY OR PROJECT: West side of Meridian Road across from the bowling JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: Z JUL 2 2 1t2' . INNACLA Engineers' Inc. TO: Shari Stiles Planning & Zoning Administrator City of Meridian 33 E. Idaho Meridian, ID 83642 DATE: August 13, 1997 RE: Lee Centers Apartment Complex Dear Shari: . The following comments are to address your staff report of August 7, 1997: 1. There are no ditches on the property, no variances are requested. RECEIVED AUG 13 1997 CITY OF MERIDIAN 2. The existing septic tank will be abandoned and the existing house connected to city sewer. The existing house is already served by city water. The improvements will be shown on the development plans. 3. We have discussed the fire hydrant location shown on the site plan with the fire department and their only concern was flow requirements be met by looping water main if necessary. Construction will be shown on the development plans. 4. An 8" main with an easement will be extended as required. Construction will be shown on the development plans. 5. Water main with easement will be extended as required and looped if necessary. Construction will be shown on the development plans. 6. I believe this comment refers to utilities in Meridian Road. These will be shown on the development plans. 7. Applicant will meet this requirement. 8. A 20 foot setback is planned and landscaping will be shown on the development plans. 9. The owner does not plan to use this space for parking but if he did, he would provided plans for paving, landscape and access for approval. 10. The walkways will be 5' wide and shown on the development plans. 870 NORTH LINDER SL= B ■ MERIDIAN, IDAHO 83642 a (208) 887-7760 , FAX (208) 887-7781 • 11. The proposed trash area is intended for such use and will be shown on the development plans. The landscape plan will be revised to reflect this. 12. We will meet ACHD's requirements. They are not requiring ROW dedication for this application. 13. Handicap parking will be provided and shown on the development plans. The owner believes that no handicap accessible units are required due to the size of the project. 14. There is an existing six foot cyclone fence on the north and west side and a six foot cedar fence on the south side of the project. During construction, the chain fence will be replaced with six foot cedar. 15. Security lighting will be shown on the development plans. 16. No new signage is proposed for this project. 17. We believe that the conditions of the conditional use and the proposed density obviate the need for a development agreement. If you have any questions or comments regarding this matter please call me at (208)887-7760. Sincerely, 2�� -�� D. \ cc: File # 97325 Will Berg - City Clerk , Lee Centers - Centers Construction Bruce Freckleton - Asst. to City Engineer a APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this 7 t� day of , 1990 7 M COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROVED DISAPPROVED. FINDINGS OF FACT AND CONCLUSIONS OF LAW - VOTED�� VOTED�P,(� VOTEDn VOTED �] VOTED 66'(,a Meridian Planning & Z40ng Commission 4P September 9, 1997 Page 7 MOTION CARRIED: All Yea MacCoy: Mr. Chairman, the Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council of the City of Meridian for the zoning amendment requested on the conditions set forth in these findings of fact and conclusions of law. Including that the applicant or its successors, interests, assigns, heirs, executors or personal representatives enter into a development agreement and that the property only be developed under the conditional use process. If the applicant is not agreeable with these findings of fact and conclusions of law and is not agreeable with entering into a development agreement and developing the property only under the conditional use permit process the application for the zoning amendment should be denied. Borup: Second Johnson: Motion and a second for approval of the recommendation to City Council, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF 3 APARTMENT BUILDINGS (ONE 4 UNIT AND TWO 6 UNIT BUILDINGS) BY LEE CENTERS — WEST SIDE OF MERIDIAN ROAD ACROSS FROM THE BOWLING ALLEY: Johnson: Any comments regarding the findings of fact for Mr. Centers project regarding the conditional use permit? Smith: I have a couple, this is another project that I am disappointed that we seem to have insufficient information to really evaluate the proposed development of this property. I would be willing to entertain a motion to approve these findings of fact and conclusions of law with the requirement that the applicant submit building designs indicating among other things height, number of stories, building materials, landscaping, parking areas, and any other information necessary for the City Council to make a well informed decision on approval of this project. Borup: Just a comment, I would normally agree with most of that. The landscaping and parking was submitted (inaudible) The one thing that is different here probably from at least in my mind they were duplicating buildings that they had next to the same property. So they said it was going to be the same style same exterior siding as the existing buildings. That is something you wouldn't have been aware of by looking (inaudible). Smith: I didn't see that in there. Then I will amend my 0 MERIDIAN PLANNING & ZONING COMMISSION MEETING: September 9.1997 APPLICANT: LEE CENTERS AGENDA ITEM NUMBER: 8 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF 3 APARTMENT BUILDINGS AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS w 04 C All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN PLANNING & ZONING COMMISSION MEETING: August 12,1997 APPLICANT: LEE CENTERS AGENDA ITEM NUMBER: 12 REQUEST: PUBLIC HEARING: REQUEST FOR A CUP FOR CONSTRUCTION OF 3 APARTMENT BUILDINGS AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENT G� l �l All Materials presented at public meetings shall become property of the City of Meridian.