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HomeMy WebLinkAboutPrestige Care RZWILLIAM G. BERG, JR., City Clerk JANICE L. GASS, 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, Flre 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 RONALD R. TOLSMA CITY OF MERIDIAN REE C L ENN R. BENTLE G 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION (208) 888-4433 • FAX (208) 887.4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 KEITH BORUP Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY 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: Witl Berg, City Clerk by: January 7, 1997 TRANSMITTAL DATE: 12/06/96 HEARING DATE: 1/14/97 REQUEST: Rezone of 8.38 Acres from R-4 to L-O BY: Curry Brandaw Architects, rearesentatives of Presti4e Care, Inc. LOCATION OF PROPERTY OR PROJECT: 1/4 Mile East of Ten Mile. North Side of Cherry Lane JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P2 GREG OSLUND, 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. 8~ FINAL PLAT) U.S. WEST (PRELIM. ~ FINAL PLAT) INTERMOUNTAIN GAS (PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: • APPLIATION FOR ANNEXATION APPROVAL & ZONING OR~REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION Meridian Retirement Community (PROPOSED NAME OF SUBDIVISION) 1/4 miles east of Tenmile & Cherry Lane on north side of Cherry Ln (GENERAL LOCATION) i f (,LEGAL DESCRIPTION - ATTACH 1F LENGTHY) Prestiae Care, Inc. (503)253 9650 (OWNER(S) OF RECORD) (NAME) (TELEPHONE N0.} Sz523 NF_. 82nd Avc~ _ . Pnrt.> >.~+~a OR 7 O (ADDRESS) Curry Brandaw Architects (503)399-0266 (APPLICANT) (NAME) (TELEPHONE N0.) 2582 19th ST SE, Salem OR 97302 (ADDRESS) - Currv Brandaw Architects (~)~Aca n2~~ (ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE N0.) 2582 19th ST SE, Salem OR 97302 (ADDRESS) -City of Meridian (JURISDICTION(S) REQUIRING APPROVAL) N/A (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) +50 N/A ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED BY:) (FEE) .. ~• • • ~~ `~1 THESE ARE ITEMS NEEDED FOR ANNEXATION & ZONING REQUESTS . Name, address and phone number of a licant• PP v2 , . Name, address and phone number of owner of sub'ect ~ Property, and proof of title 1n s id ~~ /3 a owner; . Notarized request for zoning amendment from t successor of said tl ne owner, or valid title. option holder or contract purchaser with consent from the titled owner if not requested by the titled owner; 1 ~4. Legal description of property; . 1 ~ /5 , Legal description of all adjoining ri hts-of-wa roadways highwa s d i a , y an easements the full length of the property; 1. X12 . /, `~14 . Present land use; 7 Proposed land use; Present district; Proposed district; /10. Characteristic f 15. /16 /l~, s o amendment desirable; subject property which make the zoning Necessity or desirability of development pertaining to the zoning amendment and its harmony with adjacent development; One (1) map of scale one (1) inch. equals one hundred (100) feet of the property concerning the zoning amendment; Thirty (30) copies of a vicinity map of a scale of one (i) inch equals three hundred (300) feet; A list of the mailing addresses of all property owners, from authentic tax records of Ada County, who are within three hundred (300) feet of the external boundaries of the land being considered, and all property owners included within the property being considered; A statement of how the proposed zoning amendment related to the Meridian Comprehensive Plan; A fee as established by the Council; Less than 1 acre = $400.00; Over 1 acre = $400.00 + $15.00 per acre over portion thereof. In addition to above fee applicant shall pay cost of certified mailings at rate of ~1-~~-.per notice. ~~.ya The property will be posted i week before hearing stating they have applied for a Conditional Use Permit or Zoning. There must be a•signed affidavit that this has been done as part of the application. Curry Brandaw Architects P A R T N E R S H I P ZONING REGIUlREMENTS MERIDIAN IDAHO 1. Applicant Information Curry Brandaw Architects 2582 19th ST SE, Salem, OR 97302 (503}399-0266 2. Property Owner Information Joan D. Priest, 19833 Middleton Rd., Caldwell, ID 83605 (208)454-2$03 3. Notarized Request for Zoning Amendment From Titled Owner Provided. See attached authorization letter. 4. Legal Description of Property Tealey's Land Surveying is preparing a legal description of property. A fax copy as well as a hard copy will be delivered by December 5, 1996. 5. Legal Description of all adioining Rights of Way, Rail Roads, Roadways Highways and Easements the full length of Property Tealey's Land Surveying is preparing a legal description of property. A fax copy as well as a hard copy will be delivered by December 5, 1996. 6. Present Land Use At present the land is undeveloped agricultural farm land (Sugar Beets). 7. Proposed Land Use The property will be site fora 44 unit Assisted Living Facility for the elderly with a 16 unit Alzheimer's wing. 8. Present District Present Zoning is residential R4 four dwellings per acre, single family. 9. Proposed District We are requesting to be rezoned to L, O. with a P. D. 10. Characteristics of Property which make Zoning Amendment desirable The site is desirable for the following reasons: There is a lack of senior housing in this area. Our concept is designed for those who do not require a nursing home but are in need of some support. Private rooms afford the advantages of independent living, while the included services provide support, security and friendship. Staff are "in house" 24 hours a day. The assisted living program offers an array of important design features. Wheelchair accessibility throughout allows for maximum independence. Handrails on one side of the hallway provide secure passage to accessible recreation and dining areas within the complex. Auxiliary services include transportation, housekeeping, personal laundry, barber, beauty, wellness counseling, social, spiritual and recreational activities. Dietary consultation and three meals prepared in the commercial kitchen are being served daily in the central dining room. The underlying basis of the program is to 2260 McGilchrist Street SE, Suite 100 ^^ Salem, Oregon 97302 ^^ Phone 503. 399-1090 ^^ Fax 503. 399-0565 • maximize individuality, independence, privacy and dignity by providing residents with the opportunity to continue to make choice that would be denied in an institutional medical setting. This concept strives to create an environment that is residential in nature rather then a sterile institutional environment. The typical resident will be a person in his ar her late seventies or eighties. Approximately 10°l° of the rooms will be rented by couples. The site is well located. It is near several churches, the new library, and several commercial areas; as well as growing residential areas for friends and relatives. Cherry Lane is a well traveled street providing good visibility for the facility. Our Landscaping buffers provide a nice street scope for Cherry Lane where as if zoning is not changed a fence line may be erected making the aesthetics on Cherry Lane less appealing to passersby. 11. Necessity or Desirability of Development pertaining to the Zoning Amendment and its Harmony with adiacent Development This development would be an asset to adjacent developments for the following reasons: This project is a residential use. It also will have much less traffic impact than if a single family development were to be built. It will have less impact on the city's infrastructure and it will not impact schools, roads or services like a single family development would. The building elevation is articulated, the wing ends and building center step from two to one story. This arrangement provides privacy and a gentle change in scale. Neighborhood compatibility is also achieved in site planning and building design. The character of the adjacent existing low density neighborhood is further protected by generous open spaces, landscaping buffers of trees and topography. Further it would enhance the neighborhoods with its residential scale, well maintained grounds and water features. In addition, a five acre public park is to be dedicated to the City of Meridian at the north end of the property. 12. Map of Property at 1" = 100' required We have provided a map of the concerned property. See attached. 13. 30 Copies of Vicinity Map required We have provided a map of the vicinity 14. A List of the Mailing Addresses of all Property Owners within 300' of Site required We have provided a list of all property owners within 300'. See attached. • 95. A Statement of how proposed Zoning Amendment relates to Meridian Comprehensive Plan required The site relates to the Meridian comprehensive plan in the following ways: our development is a residential use facility while the density is greater than a single family development. It compensates with its wide open spaces and park-like setting. Amore open area will give Cherry Lane a neighborhood appeal. 9 6. Fees Our site is 8 acres at $400.00 + $15.00 per acre over 1 acre comes to $505.00 + the certified mailings 130 residences at $1.42 = $184.60 total $689.80 is enclosed. 97. Property must be posted one week prior to Hearing stating we have applied for Conditional Use Permit This is a signed affidavit stating that Curry Brandaw Architects will post property one week riot to hearing. 12.4 • ~~ Melissa Leclerc -Project Manager State of Oregon County of Marion On this 4th day of December 1996 , before me Gretchen Stone , a notary public, personally appeared Melissa Leclerc , personally known to me to be the:. person(s) whose name(s) is (are) subscribed to this instrument, and acknowledged that he (she/they) executed the same. QFR~IAL_ SEAL ~~.'~. n~d~'~~FBEE~A s~°UN~ ` 'r": ...i Ph C,~;t~h'4i5bIJIJ rii7. 054702 Y CONi'~hi~ SIOwV F~(PIi~ES,IUtJE 03, ~~0 ~~ 0 ARY PUBLIC My Commission Expires: June 3,2000 cFdaho/rneridianlzonreq u irSsp TE~EY'S LAND 109 south 4'" Stree~oise, Idaho 83702 SURVEYING (208) 385-0636 Fax (208) 385-0696 Project No.: 1663-1 Date: December 4, 1996 DESCRIPTION REZONE OF MERIDIAN RETIREMENT COMMIINITY CIIRRY BRANDAW ARCHITECTS A parcel of land situated in the E 1/2 of the SW 1/4 of Section 2, T. 3N., R.iW., B.M., Meridian Idaho being more particularly described as follows: BEGINNING at the Southwest corner of the said E 1/2 of the SW 1/4 of Section 2; thence along the West boundary of the said E 1/2 of the SW 1/4 which line is also the East boundary of Sunburst Subdivision No. 2 North 00°17'24" East 881.00 feet to a point; thence along a line parallel with the South boundary of the said E 1/2 of the SW 1/4 South 88°38'31" East 414.73 feet to a point on the West boundary of Sunnybrook Farms No. 2, a subdivision; thence along the said West boundary said Sunnybrook Farms No. 2 and the West boundary of Sunnybrook Farms No. 1, a subdivision, said boundaries being parallel with the said West boundary of the E 1/2 of the SW 1/4 South 00°17'24" West 881.00 feet to a point on the said South boundary of the E 1/2 of the SW 1/4, which boundary is also the centerline of West Cherry Lane; thence along the said South boundary North 88°38'31" West 414.73 feet to the POINT OF BEGINNING. Said Parcel Contains 8.38 Acres, more or less. .3 ~L''= 1 ~~ ~: .o ;T , 7~ ~ $~~" ~rc~AFTE~'~~~~ I ~}+4~ • • PFMD02 96 M A S T E R U P D A T E 11/06/96 13:11:55 Parcel 51202346782 Gode Ares 03 Type Qty Value ACTIVE Name PRIEST JOAN BRANDY 010 25.041 24421 Hank Code Bu er Y Lien Code ~/a Prepaid Address 19833 MIDDLETON RD L.I.D. Bankrupt CALDWELL ID Sub.Code 8 3605 - 9519 Annexation *No Last Change 96/03/22 $y ASR.. .DIXIE Notes Total 24421 Legal PAR X6782 OF E2SW4 SEC 2 3N 1W Exemption X346780-B 03NO1W026782 3N 1W 02 Hardship 0 Property Zoning R-~1 Flaq Address 00000 W CHERRY AVE MERIDIAN ID D.D. Space ~ Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit FS=Corrected Notice F6=Letters F10=Tax ALT-F10 HELP ! VT-100 ( FDX ~ 960.0 N82 ~ LOG CLOSED ~ PRT OFF ~ CR CR __..... ~r .. . "(, 2pr-QUITCLAIM AF.F.U f r :!? r r ...,r1;: for cols b Hv>;s - [rool- 4 Srefione N ~ ~ ~~~ } Y Y rY. vim:. ~U~TCE.4I1V~ DEED TIi1S INDEN fU1:E ,11ade this 1st. da)' of March ~ , ., r ` Jn the year of our Lo:d one thousand nine hundred and ':9ev@tity eight ~ ~ between :l',~" .~ Thomas'W Pr ~, r ~; t '~, ~•. $ ~, lest, .husband of Joan Priest '~~: ~ ; , ~ ~ s• ~„ t a' k, . `oi Meridian Cvunty ~[ Ada : -~': Stute f Ldaho ~~~', u . ,the port Y of the first part, and ,~;j; Joan Priest, wife of Thomas W. Priest '~. of Meridian . County of Ada ;,,; ,.,. S Str.te of Idaho , cl,r; part Y of the second p:ut. 1':.-1' t1'1TXF;titil"PIl '('hr-t the n,-id ix.rt y of the firx: p:u•t, for and in cunsiderc-lion of th•~ sum aE: One and No%1.U0- - - - - - - - - - - - .. .. _ _ _ _ - - _ - -I)QLi.ARS, L.-rful ruaru•y r.l th„ t'nitrd St:d,~.r r,f Arrorric.-, tr, him in hand p:,id by the Raid arty Of lh! ~ecr,nd !r:-rt, tfir: nrdpt ~chHrr:uf is hrrrol»• ackrnr-cLrdi;r•rl, do rS I,y these prccr.nte remise; rele,wc and fure-•vr (2l?1'I'c:LAIJI, untn thr; +aid party of lh•: secra,~l part, :u~d to her heirs and r-xziy,~r;-, a!1 lti s a:rUcin tut , pi,:cr 4r p:u•r.~l i,f land, stituate, lying and being in Meridian . l;r.~-nt)' of Ai1.1 , St:.te of Idaho, bounded and parliculaTfy d~,rcrtilxd:rn f„pu.-.r, br-t•it: 13eRinninf; ;It l'lte Sl•1 cornrr rat Che !:'; r~)C r.:11~~ S~,r'; of Section 2, '['oanshii 3 1`ortb, Range I West: o!' I:hr Boise ~•lericli.an, A<ia c;ouncy, ldaho, which point i.c t:hc real l~,oinl: U1~ 1,c~;i.nnit)~,; t:hetu:c forth Oe 55' tdesl: 2659.7' ctlcng the ',J~~SCeYn bottnrinr-v to sai,i t;'; of taic• S;d~; of sairJ Sc:ctxon 2 to a poinC c~n lltc- NorChr~rn hou; c(;-)-;. of s,~i~i S:J• of :ai.d Section 7; thenct North 89 39' East k1.4.73' ;:l.on;; said i•,ort:ht:rn boundary to a point; thence South U" SS' f•:ast 2(~t;?, 2 fra:t alr~a;; a 1 ine p.~ral.Ie1 L'o sa: ci Western boundary of laic! !;L ol: l:hr: S:y~; oC sai.<i Section .'. t:o a point on the Sotrtl~ern ioundary of sairJ i;': of the SW 1,; of said SectionL; t:henc:e WesCerl.y 41:.7'3 ft., alc~n; 51X1 Sr,)uthrr.n boundary of ~aicJ I:~ of thc~ S'~1~: cif slid Sr_ceic-n 2 ~o t:hr~ rr~;)1 i~r)~nt: ai br_Yinni.ns;. L;rcepC fate Soul:h 2a fear th~rc~o>-. 92 al%©'%ea l,:la -. 03 • '1'(1t,1;Tltf•;It t1'ith t11t nstd elntlul:-r Uul t/'rl ••nu'u!:•, hr•r•'ditarn-mt.~ xnd airpull..•n-rncrR thMreunt~- hclunKhttt nr in nn-•a•ix"• gpllelinltllnK, the r"ri•rrrli nel :rnd tavr'rrcionrl, rr•rnaiurlr:r nrul rrrnNlnrlrrN, 1.•nb, 111NUeN uRd prulilN thtsr~N,f. Tt) ItA~'F; Ai:U Tt1 11U1.1-, Ail gnll Ninµrul:u• the xaitl Irrc-nixcr. tu;;eth/•r 1+•Ith the :Ippurtnnances;. unto the p:lrtY rtf the xecund part, a1Rd b, )ter h/:ira :old aatxiXn» ~qrl'+'cr. ! V 11'ITI\'I:SS 1t'lllatl•:U1~,1Uc N:IId 11:-r1 y rrf thr til:•t port ilag hrl•I:untr, nrt. •hls . h-Ind qnd Neap the day and ~•car firm alx,ve a•ritt~+n . . ;;~~ rv :ta:~F:u, FY.,11.t:u ,gnu !-ha.lt•raer:n IN I•tlF„~t:xla: u r• • ~ ~ , / ~ ~ - ., '~~ . • ~ ~ ~ ~ • ~/ ... ..... ~ .~1 G`"J.:c~~ +>• Seal ~ -~''! 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'. r.l -. to \ J I . I ~,', { ~. .h, ,;r•. ~ ~ ~~ A PRESTIGE Facility PRESTIGE CARE, INC. 6623 N.E. 82nd • Portland, OR 97220 • (503) 253-9650 • Fax (503) 254-2580 November 8, 1996 Ms. Melissa Leclerc Curry Brandaw Architects 2260 McGilchrist Street S.E., Suite 100 Salem, OR 97302 Re: Zone change application in Meridian, Idaho Dear Melissa: Prestige Care, Inc. is the buyer of certain property on Cherry Lane in Meridian, Idaho, under an executed Purchase and Sale Agreement. With the seller's consent, please proceed with the necessary authority to act as the owner's representative in pursuing a zoning change this property. Do not hesitate to call me if you have any questions regarding this authorization, or if you need any other information. Very truly yours, . ~ a~ ~~ ~` ~ °~, Bradley Zuke, J:D.._ _ ~~~ Corporate Counsel Subscribed and sworn before me this 8th day of November, 1996. OFFICIAL SEAL CYNTHIA L. MALONE NOTARY PUBLIC-OREGON COMMISSION NO. 037027 Notary Public for Oregon O J~/ ~ (~ C MMISSION EXPIRES AUG. 14, 1998 My commission expires: ® / 7 d I am the titled owner of the property, and I hereby grant my consent to the zone change application described above. 1, Joan D. Prie // /8 ~~° ~ . ~ /9'9~ JOAN c~. PRIEST 19833 MIat~LETO~N Ra. cALacu~.L, IaArlo 83605.7907 ~~ ~ ~' , ~, ~ O~~-ire ~~ !~ ~i~/~~ ^ ~/~~ u.~~~G ~~ ~~ ~' ~~ ~~. ~~ ~ ~ ~~. ~ , // ., .. , ~ A>r .,._.,.. .~7 -" /a /Y /J'" J //..11 ./'~~ ,G~-CiyL.. 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RIFLEMAN ATTN: MARIA JENNINGS 7lTLE INQUIRIES SHOULD SE piRECTED TO:. STUART W. ROMANESCH! SR. TITLE OFFICER (PHONE 373.3658} 8151 W. RIFLEMAN BOISE, fD 83704 2. Pdicy or Policies to be issued: A. [X] ALTA OwneYs Policy, (q.6-9t7} (Xj Standard Coverage (j Extended Coverage Proposed Insured: PRESTIGE CARE, INC. B. (j ALTA Loan Policy, (4~i-9p} Q Standard Coverage (] Extended overage Proposedtnsured: 3. The estate or interest in the farad described or referred to in this Commitment and covered herein is: FEE SIMPLE 4. Tide to the fee simple estate or interest in said land is at the efiective date hereof vested in: JOAN PRIEST, AS HER SEPARATE PROPERTY 5. The land referred to in this Commitm®nt is described as fo~ows: P.02i06 1, Effective Date: MAY 15, 1996 AS Of 7:30 A.M. QUEST AND COMPANY, INC. 6003 OVERLAND, #204 ATTN; MICfiAE! J. BALLANTYNE PH. 208-3Z2-5900 FAX: 208,322,5901 AmouniSa2S,~0.00 Premium $1,436.25 Amount $ Premium $ SEE SCHEDULE G f ESCROW COMMITMENT FOR TITlE INS~ANCE S B -SECTION 1 Fde Ntnnber: P148~63 REDUIREMENTS The following are the requirements to be complied with: Item (a) Payment to or for the eccourn of the grantors or mortgagors of the full cons~laration for the estate or Interest to be insured. P.03i06 Jtem (b) Proper instrumern(s) creating the estate or interest to be Insured must be executed and duty fled for record, to wit: 04f06 .OMMITMENT FOR TiTlE INSt~NCE SCHEDULE B - ~Ct10><I 2 Fli a Number. P148,63 Schedule B of the policy or policies to be issued wal contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A, Defects, liens, encumbrances, adverse claims of other matters, tf any, created, nrst appearing in the public records, or attaching subsequent to the etfectlve date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment R. General Exoep~ions: (t) Rights or claims of parties in possession not shown by the public records. (2) Encroachments, overlaps, bourxfary line disputes, and any other matters which would be disclosed by an accurate surveyor inspectron of the premises including, but not limited to, insufficient or impain~l access or matters contradictory to any survey plat shown by the public records. (3) Easements, or claims of easements, not shown by the public records. (4) Any lien, or right to a !'en, for services, labor, or material heretofore or hereaRer furnished, imposed bylaw and not shown by the public reoords. (5} (a) Unpatented mining claims, (b) reservations or exceptions in patents or ht Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a}, (b} or (c) are shown by the public records. (8} Taxes or special assessments which are not shown as existing lieras by the records of any taxing authority that levies taxes or assessments on real property ar by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the retards of such.agency w by the public records. *PARAGRAPHS 1,2,3,4,5 AND 6 WILL NOT APPEAR AS PRINTED EXCEPTIONS ON EXTENDED COVERAGE POLICIES, EXCEPT AS TO SUCH PARTS THEREOF, WHICH MAY BE TYPED AS A SPECIAL EXCEPTION !N SCHEDULE B-SECTION 2. C. Special E'raoeptior~ 1. GENERAL TAXES FQR THE YEAR 1996, WHICH ARE DENS, ARE NOT YET OUE AND PAYABLE. 2. SEWERAGE CHARGES AND SPECIAL. ASSESSMENT POWERS OF THE CITY OF BOISE. NO SPECIAL ASSESSMENTS NOW SHOW OF RECORD. 3. DENS AND ASSESSMENTS OF THE FOLLOWING DISTRICT AND THE RIGHTS AND POWERS THEREOF AS PROVIDED BY LAW. NO DELINQUENCIES APPEAR IN THE COUNTY RECORDER'S OFFlCE DISTRICT: NAMPA MEFiiDiAN IRRIGATION DISTRICT (343-1884) 4. RIGHTS AND CLAIMS FOR DITCHES, ROADS CANALS, LATERALS AND PUBUC tfiL1TY EASEMENTS OVER ANp ACROSS SAID PREMISES. CONTINUED P . 05f06 (148563 • . 5. AN EASEMt:NT CONTAININt3 CERTAIN 'I: ERtyIS, tANDtT~NS Aim PROVISIONS AFFECTING A PORTION OF SAID PREMISES ANO FOR THE PURPOSES STATED HERHIN. FOR: RIGHT-0F-WAY IN FAVOR OF: ADA COUNTY HIGHWAY DISTRICT RECORDED: FEBRUARY 14, 1sg4 INSTRUMENT NO.: S40't3827 AFFECTS: EAST 1 j2 OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST. END OF EXCEPTIONS NOTE: GENERAL TAXES FOR THE YEAR 1995, WHICH WERE DENS, EN THE ORIGINAL SUM OF 5298.30, ARE PAID. PARCEL NO.03-S12023467g2 NOTE: THERE iS NO NOTICE OF RECORD AND THEREFORE NO SEARCH HAS BEEN MADE FOR ANY UNPAID ASSESSMENTS, CHARGES OR FEES FOR SEWER, WATER, GARBAGE, IRRIGATION AND OTHER POSSI$LE UT)LITY SERVICES. NOTE; IF THE PROPOSED INSUREp UNDER THE POLICY TO ISSUE HAS ANY QUESTIONS CONCERNING THE COVERAGE OR EXCLUSIONS FROM COVERAGE, THE COMPANY WILL BE PLEASED TO PROVIDE AN EXPLANATION. NOTE: PURSUANT TO THE STATE OF IDAHO INSURANCE REGULATIONS, A CANCELLATION FEE IS TO $E CHARGED ON ALL CANCELLED ORDERS. UNLESS OTHERWISE ADVISED, ORDERS WILL BE CONSIDERED CANCELLED SIX MONTHS AFTER THf: EFFECTIVE DATE ON THE COMMITMENT. THE AMOUNT OF THE FEE ASSESSED SHALL BE IN ACCORDANCE WITH OUR RATE FlLING WITH THE IDAHO DEPARTMENT OF INSURANCE. P. 60 X06 COMMITMENT FOR ~L.E INSURANCE SCHEDULE C Fie Ntunber P1486p The land referred to in this Commitment is descn'bed as follows: BEGINNING AT THE SOUTHWEST CORNER OF THE EAST 1 /2 OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, AOA COUNTY, IDAHO, WHICH POINT IS THE REAL POINT OF BEGINNING; THENCE NORTH 0 DEGREE 55' WEST 2659.7 FEET ALONG THE WESTERN 80UNDARY TO SAID EAST 1 /2 OF THE SOUTHWEST QUARTER OF SAID SECTION 2 TO A POINT ON THE NORTHERN t30UNDARY OF SAID SOUTHWEST QUARTER OF SAID SECTION 2; THENCE NORTH 89 DEGREES 39' EAST 414.73 FEET ALONG SAID NORTHERN BOUNDARY TO A POINT; THENCE SOUTH 0 DEGREE SS' EAST 2662.2 FEET ALONG A LINE PARALLEL TO SAID WESTERN BOUNDARY OF SAID EAST 1/2 OF THE SOUTHWEST QUARTER OF SAID SECTION 2 TO A POINT ON THE SOUTHERN BOUNDARY OF SAID t=AST 1/2 OF THE SOUTHWEST QUARTER OF SIUD SECTION 2; THENCE WESTERLY 414.73 FEET ALONG SAID SOUTHERN BOUNDARY OF SAID EAST 1 /2 OF THE SOUTHWEST QUARTER OF SAID SECTION 2 TO THE REAL POINT OF 8EG1NNlNG. EXCEPT THE SOUTH 25 FEET THEREOF. AND EXCEP77NG THAT PORTION DEEDED TO THE ADA COUNTY HIGHWAY DISTRICT, BY DEED, RECORDED FEBRUARY 14, 19®410.5 INSTRUMENT NO: 940f3826. END OF LEGAL DESCRIPTION TOTAL P.06 1 • SUNBURST HOMEOWNERS DAVID BRADBURN & PENNY J. HANSEN ASSOCIATION, INC. DEBRA DIANDA 2869 W. ANN ST 3775 CASSIA 2887 W. ANN ST MERIDIAN, ID 83642-0000 BOISE, ID 83705-0000 MERIDIAN, ID 83642-0000 WILLIAM POLFER & PHILIP & CASSIE HENDERSON JEFFREY & JULIE VRBA SHANNON MASSEY 2835 W. ANN ST 2892 W. ANN ST. 2851 W. ANN ST MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 JOHN & ARNELL VAIL JERRY & DANETTE HURST ROBERT & HEIDI NEUMILLER 2931 W. STEPHANIE CT. 2860 W. ANN ST 1693 N. MORELLO AVE MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 SCOTT & DAWN CAMPBELL BARRY L. LALKA JOHN & ALICA BROGAN 1713 N. MORELLO AVE 1662 N. MORELLO AVE 1686 N. MORELLO AVE MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 BARBARA LEE PIPPITT MARK & TAMARA ROSE JOEL & BETTI WORTHEN 1708 N. MORELLO AVE 1732 N. MORELLO AVE 2900 W. STEPHANIE CT. MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 GARY & PHYLLIS GRIST VICKIE J. MORGAN RICHARD & GINGER COOPER 1745 N. MORELLO AVE 1764 N. MORELLO AVE 2908 W. STEPHANIE CT. MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 MERIDIAN. ID 83642-0000 TIMOTHY T. JOHNSTON WILLIAM & SHIRLEY GARROLL ROBERT L. GILBERT 1761 N. MORELLO AVE 1778 N. MORELLO AVE 2891 W. GEMSTONE DR MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 LAWRENCE & WILLIAM & JO ANN STUHR KENNETH & MONICA TETRAULT EVANGELINE STRINGER 2858 W. GEMSTONE DR. 2830 W. GEMSTONE DR. 2863 W. GEMSTONE DR. MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 CLINT & MELODY LOW RICHARD & MELISSA ASMUSSEN GLAIR & TIFFANY CARPENDER 2812 W. GEMSTONE DR. 2845 W. KANDICE CT 2823 W. KANDICE CT. MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 DAVID & DIANA MOSER TRUAX COMPANY PERRY ROBERTS & 2857 W. KANDICE CT P.O. BOX 4597 KAREN SERVATIUS MERIDIAN, ID 83642-0000 BOISE, ID 83711-0000 2811 W. KANDICE CT Mt;rziD1~N ~vg~q~=oooo HAROLD & TWILA LITTLEFIELD 2696 "B" STREET MERIDIAN, ID $3642-0000 TERRY & CARMA PIRRONG 2080 KRISTEN MERIDIAN ,ID 83642-0000 R & M HOMES, INC. P.O. BOX 1057 CALDWELL, ID 83606-1057 DAVID & DEBRA WRITTEN 2151 TODD WAY MERIDIAN, ID 83642-0000 SHANE & SHALEIGH KOLAR 2660 W. JANELLE ST. MERIDIAN, ID 83642-0000 SUNNYBROOKS FARMS HOMEOWNERS ASSOCIATION P.O. BOX 5714 BOISE, ID 83705-0000 BRAD & KAREN WILSON 2381 N. MAXIE WAY MERIDIAN, ID 83642-0000 ROBERT & DORIS WICKARD 2408 N. MAXIE LANE MERIDIAN, ID 83642-0000 ROBERT J. COLLINS 2472 N. MAXIE WAY MERIDIAN, ID 83642-0000 MARK & JUDITH ELLINGTON 2463 N. MAXIE WAY MERIDIAN, ID 83642-0000 u WILLIAM & SHIRLEY CLARK 2061 TODD WAY MERIDIAN, ID 83642-0000 HAROLD & KAREN DOWNEY 2110 TODD WAY MERIDIAN, ID 83642-0000 PATSY RUTH BRAZAS P.O. BOX 1804 MCCALL, ID 83638-0000 TODD 8~ CAMiLLE LABRONTE 2196 TODD WAY MERIDIAN, ID 83642-0000 JOHN & LINDA SMITH 2650 W. JANELLE ST MERIDIAN, ID 83642-0000 WILLIAM DEAN MAYES JR. 2540 W. CHATEAU MERIDIAN, ID 83642-0000 SCOTT & SANDRA PENTZER 2397 N. MAXIE WAY MERIDIAN, ID 83642-0000 SHELLEY & KATHY SHELAMER 2438 N. MAXIE WAY MERIDIAN, ID 83642-0000 CHAD & CARLA METCALF 2505 N. MAXIE WAY MERIDIAN, ID 83642-0000 FIELDSTONE DEVELOPMENT P.O. BOX 2044 IDAHO FALLS, ID 83403-0000 L J WILLIAM H. BROWN 2091 TODD WAY MERIDIAN, ID 83642-0000 WILLIAM & BARBARA NARY 2140 N. TODD WAY MERIDIAN, ID 83642-0000 KELLY & DEBORAH WINWARD 2661 W. JANELLE ST. MERIDIAN, ID 83642-0000 CARLA J. BURT 2160 TODD WAY MERIDIAN, ID 83642-0000 BETTE J. LESTER 2663 W. CHATEAU MERIDIAN, ID 83642-0000 MARK & CAYA SNETHEN 2333 N. MAXIE WAY MERIDIAN, ID 83642-0000 JEFF & KAREN CLAVERIE 3390 LOMAH LANE EAGLE, ID 83616-0000 ROBERT & REGINA WARE 2456 N. MAXIE WAY MERIDIAN, ID 83642-0000 BRANDON & LAURA ROBERTS 2479 N. OLD STONE WAY MERIDIAN, ID 73642-0000 GREGORY LEWINS & ALISON BLAKE 2449 N. MAXIE WAY MERIDIAN I~ 836q~Z aoc70 * ~ ~ • HOWARD & QUINDA POOL EDWARD & DELAY LANCE DAVID ~ SHAWNA LONGO 2609 RREBECCA WAY 2613 REBECCA WAY 2615 REBECCA WAY MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 BRET & CAROLYN BAILEY MARTIN MARTELLE SUE WHITMAN 1759 SUMMERHEIGHTS DR. 5685 COLLISTER P.O. BOX 162 MERIDIAN, ID 83642-0000 BOISE, ID 83703-0000 WEST YELLOWSTONE, MT 59758- 0162 ALAN & HEIDI HARDWICK DOROTHY BARNETT KEVIN & GWENDA FIELD 1879 TODD WAY 1865 TODD WAY 2630 REBECCA WAY MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 DAREL DEAN PEDERSEN JOSEPH & LILLIAN TURNER DOUGLAS & CARLA SCHOPPELREY 2602 WOODLAWN AVE 1891 TODD WAY 2644 REBECCA WAY BOISE, ID 83702-3856 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 CHARLES GABBY 8 PHILLIP SHOEMAKER JOHN & MARILEA BONCZ CHRISITNE SCHRUPP 2637 REBECCA WAY 2641 REBECCA WAY 2692 REBECCA WAY MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 DENIA BEAL GARY & JILL MCRAE PATRICIA ANN MORTON 2645 REBECCA WAY 2675 REBECCA WAY 1963 TODD WAY MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 LOTS F. RYAN MARK & SARA DAVIS EARL & LONA FOREMAN 1989 TODD WAY 2001 TODD WAY 1920 TODD WAY MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 LAWRENCE & GENEVIEVE RYTHER HAROLD & GLENNA SMITH PAUL G. SMITH 1910 TODD WAY 1934 TODD WAY 2563 JEFFERY CT. MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 EDWIN & PHYLLIS HARTSOOK RANDALL & MAE BODES SENGKEO 8~ 1974 TODD WAY 2582 JEFFERY CT. NHONHTHONE KINGMIXAY MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 2562 JEFFERY MERIDIAN, ID 83642-0000 ROBERT & GALE OSKOLKOFF MARILYN ANN MYERS THOMAS & ANNETTE FORREY 2030 TODD WAY P.O. BOX 67 2073 KRISTEN MERIDIAN, ID 83642-0000 ELMO, MT 59915-0067 MERIDIAN, ID 83642-0000 • NOT THIS ONE!! LAKE JENNINGS VISTA GARY HENDERSON & C. FONTELLA START ON THIS LINE .4500 EMPERIAL AVE 2800 N. TEN MILE ROAD USE THIS ONE SAN DIEGO, CA 92113-0000 MERIDIAN, ID 83642-0000 AND THIS ONE ' CARL & KATHLEEN BAKER PETER & KATHRYN WIERENGA TONY & TRUDY MCDONALD 10451 W. GARVERDALE CT. 10451 W. GARVERDALE CT. 2629 W. LEROY CT. SUITE 205 SUITE 205 MERIDIAN, ID 83642-0000 BOISE, ID 83704-0000 BOISE, ID 83704-0000 MARY MOENCH WAYNE GREMMINGER L.R. & F.M. STUGKER 2601 W. LEROY CT. 2577 W. LEROY CT. TRUSTEES MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 2641 W. LEROY CT. MERIDIAN, ID 83642-0000 'ETER & SHANNON ROSSI ROBERT & LEANNE SAYLES DANIEL & ADARE EVANS '634 W. LEROY CT. 2580 W. LEROY CT. 2610 W. LEROY CT. lIERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 MERIDIAN, ID $3642-0000 CARL & DORIS STOCKER QUANG THE DO & THUY THI WILSON & WILMA BEVINGTON 2695 W. CHERRY 4319 FILHUST AVE 2567 REBECCA WAY MERIDIAN, ID 83642-000 BALDWIN PARK, CA 91706-0000 MERIDIAN, ID 83642-0000 LARRY HUMPHREYS & ALAN & CHRISTY DOTY KAREN HEICK PAMELA SALOIS 2575 REBECCA WAY P.O. BOX 7086 2571 REBECCA WAY MERIDIAN, ID 83642-0000 COTATi, CA 94931-0000 MERIDIAN, ID 83642-0000 JIMMY BARBER WALLACE & KATHLEEN NAKANO CURTIS & ELLEN CARNEY 2583 REBECCA WAY 2587 REBECCA WAY 2591 REBECCA WAY MERIDIAN, ID 83642-0000 MERIDIAN, iD 83642-0000 MERIDIAN, ID 83642-0000 PATRICIA VANSHUR BRUCE & LESLIE BAILEY RICHARD & LAVONNE HATCHER 2478 REBECCA WAY 2605 DALTON LANE 2555 MISTY DRIVE MERIDIAN, ID 83642-0000 BOISE, ID 83704-0000 MERIDIAN, ID 83642-0000 RICHARD & ALDON & DELORA JOHNSON RONALD & CHIRSTTNE SCRAPPER CHRISTINE POINDEXTER 2561 W. MISTY DRIVE 2611 MISTY DRIVE 2600 REBECCA WAY MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 BARRY CHEIDREL MUIR GREGORY & ~ RICHARD & CYNTHIA BELVEAL 2585 MISTY DRIVE MARGARET PETERSON 2603 REBECCA WAY MERIDIAN, ID 83642-0000 2599 REBECCA WAY MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 MATTHEW & DIANNE GARVIN 2808 W. KANDICE CT MERIDIAN, ID 83642-0000 TODD & KIMBERLY COLEMAN 2836 W. KANDICE CT MERIDIAN, ID 83642-0000 DANIEL & GINGER ERLAND 2892 W. KANDICE CT. MERIDIAN, ID 83642-0000 PERRY ROBERTS & KAREN SERVATIUS 2811 W. KANDICE CT. MERIDIAN. ID 83642-0000 • DAVID & REBECCA NIBLETT 2816 W. KANDICE CT MERIDIAN, ID 83642-0000 STEVEN & RHONDA JOHNSON 2850 W. KANDICE CT. MERIDIAN, ID 83642-0000 E.E. & VIRGINIA BRINEGAR 1639 CONANT AVE BURLEY, ID 83318-0000 R.B. & M.C. MORRISON TRUSTEES 3741 VIlOODMONT DR. MERIDIAN, ID 83642-0000 HORACE & CHRISTINA HALLENBERGER 2864 W. KANDICE CT. MERIDIAN, ID 83642-0000 GREGORY LEWIS & ALISON BLAKE 2449 N. MARIE WAY MERIDIAN, ID 83642-0000 ~ • 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 January 14, 1997, for the purpose of reviewing and considering the Application of Curry Brandaw Architects, for a Rezone of approximately 8.38 acres of land located in the E 1/2of the SW 1/4 of Section 2, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located 1 /4 mile east of Ten Mile and Cheny Lane on north side of Cherry Lane. The Application requests a rezone from R-4 to L-O. 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 24th day of December, 1996. WILLIAM G. BERG, JR., CI C RK Meridian City Council April 15, 1997 Page 13 Corrie: Any further discussion? The motion has been made that we approve the conditional use permit for Meridian Middle School Academy by Joint School District No. 2, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: ORDINANCE #757 REZONE FROM R-4 TO L-O/CURRY BRANDAW ARCHITECTS (PRESTIGE CARE): Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF A CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF THE E '/Z SW %. OF SECTION 2, T.3N, R.1W. B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #757 (End of Tape) This is for the Prestige Care. Council? Rountree: Mr. Mayor, I move that we approve ordinance #757 with suspension of rules. Bentley: Second Corrie: Motion made by Mr. Rountree, second by Mr. Bentley that we approve Ordinance #757 with suspension of rules, any further discussion? Roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #8: ORDINANCE #758 -VACATION OF SEWER EASEMENT/BERTH NEELY (NAPA AUTO PARTS): Corrie: AN ORDINANCE VACATING A SEWER EASEMENT RECORDED AS INSTRUMENT NUMBER 394683 IN A PORTION OF LOT 12, TAYLOR SUBDIVISION, B.M. ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #758 read in its entirety. Seeing none I will entertain a motion for Ordinance #758. Tolsma: Mr. Mayor I would move we approve Ordinance #758 with suspension of the rules. Rountree: Second Corrie: Motion made by Mr. Tolsma, second by Mr. Rountree to approve Ordinance #758 with suspension of the rules, roll call vote.. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree Yea, Tolsma -Yea • ORDINANCE NO. S AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE E 1/2 OF THE SW 1/4 OF SECTION 2, T. 3N., R. 1W., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and .the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to change the zoning from R-4 Residential to Limited Office (L-Oj, for the following described parcel in Section 1 - below: ?02$62 NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: ~-'-` ' ~- ~ ~ ~=~' Section 1. That the aforementioned tea ~rp, rt •which is ~C$ Pg Y described as follows: ~//(~~LJ/'`/~~n V ,_ r A parcel of land situated in the E 1/2 o~7t~~' ~~ 11'4 ~o~~D Section 2, T. 3N. , R 1W. , B.M. , Meridian Idah eing more particularly described as follows: F~~ ~~'6tD •~ -~ RECD-,~:~_ .,. ._ -,~~.:E,,T i,r EEC~INNINQ at the Southwest corner of the said E 1/2 of the SW 1/4 of Section 2; thence along the West boundary of the said E 1/2 of the SW 1/4 which line is also the East boundary of Sunburst Subdivision No. 2 North 00°17'24" East 881.00 feet to a point; thence along a line parallel with the South boundary of the said E 1/2 of the SW 1/4 South 88°38'31" East 414.73 feet to a point on the West boundary of Sunnybrook Farms No. 2, a subdivision; thence along the said West boundary said Sunnybrook Farms No. 2 and the West boundary of Sunnybrook Farms No. 1, a subdivision, said boundaries being parallel with the said West boundary of the E 1/2 of the SW 1/4 South 00°17'24" West 881.00 feet to a point on the said South boundary of the E 1/2 of the SW 1/4, which boundary is also the centerline of West Cherry Lane; thence along the said South boundary North 88°38'31" West 414.73 feet to the POINT OF REZONE ANNEXATION ORDINANCE - CURRY BRANDAW ARCHITECTS - PRESTIGE CARE PAGE 1 • • o BEGINNING. be, and the same is hereby rezoned from R-4 Residential to Limited Office (L-O) and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same. This rezoning is subject to the conditions referenced in the Findings. of Fact and Conclusions of Law as adopted by the Meridian City Council on the request for rezone. Section 2. The Applicant shall comply with all of the Ordinances of the City of Meridian including the Fire Code, Life Safety Code, the Uniform Building, 8lectrical, Plumbing Codes and all of the Ordinances of the City of Meridian. Section 3. That if the Applicant shall fail to meet the above conditions the property shall be subject to rezone back to R- 4. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and. after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this ~ day of April, 1997. REZONE ANNEXATION ORDINANCE - CURRY BRANDAW ARCBITECTS - PRESTIGE CARE PAGE 2 ATTEST: C CT.F.RK -- STATE OF IDAHO,) County of Ada, ) • • •` ~~ ~~ ;` r ,E~~~°tt" _ ~ fi~'AL ' ~~ ~ :,I G BERG, JR. ,~ a %7Q T lgt~ ~`. wlYl'( ss. I, WILL BERG, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the. above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE E 1/2 OF THE SW 1/4 OF SECTION 2, T. 3N., R. 1W., B.M., ADA COUNTY, ID~O• AND PROVIDING AN EFFECTIVE DATE"• passed as Ordinance No. Z~! b~,the City Council and Mayor of the City of Meridian, on the Seth day of April, 1997, as the same appears in my office. DATED this ~ day of April, 1997. ~~~ ~~ -- ~ ~ c.._ 3''~'~O ty Clerk, ity pia Count Id h STATE OF IDAHt3, . County of Ada,'~~~'~,,~C!,~,Y 1~J~'.`•~• .~ On this ~ day o~ April, 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared William G. Berg, Jr., known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL REZONE CURRY ; .•`'~G E t ~ ~~~~''• >Q' ~' ~~®T~~y fit.. ®~ B~.~.L = y ~ a o ~ ~' ~l,1 T 1ST • ~ .~ •~` .- ,~tesi yi~ng at Meridian, Idaho - / !!/// Ga ~ ~n r 55i c ~~ ~X~i~~s 0~6.2/5'~7 ,~I~PS -PRESTIGE CARE PAGE 3 ~ ~ ~~ ti ~; ~. ~ ~ ~ ~ ' uT i lL ' - ,. ~~ W ~ 4 ; ~ 1 ~ ~ ~ -------- p ---- -----------•, ~ ~ / ~~ . ~ i ~ ~ . ~ ,. i • ~ ~ I ~ ! ~` ~~~ t ~ ~ ~ QPE~NNEI~ST-- ' ~ SUNNY ` OK `~---------------- -------- ~---- c ,.. ~ 1 ~w~h SUB. -+ ~~ ~ ~` - N. ,, .~ ~, ~\ -R--~.-~e-,u~--~. ~. ~ Stele : ~ = ~ ~ ~ i1 e `~ 1 G , ~ i bl J ,.I ,~^ ~ as' a/•~. 4!4,73' ~ ~~ __ Ir ~~ 118 II ~ ~ a ~ ~ a a ~ w !1 W II~ ~ N ~ ~ • 11~ ~ ~ III Z ~ ~1 • 8 ~ 8 M ~ ~ Q ~ ti I I 1 1 I I ~ e~ ~_ ®-~ i •~ ~.. 11~ I ^~ ' ~ ~V~ I Ii ~~ ! Ia Meridian City Council • • April 1, 1997 Page 45 ITEM #11: PUBLIC HEARING: REQUEST FOR A REZONE OF APPROXIMATELY 8.38 ACRES OF LAND FROM R-4 TO L-0 BY CURRY BRANDAW ARCHITECTS: Corrie: I will open the public hearing and invite the representatives from the architects to come forward. Melissa Leclerc, 2260 McGilchrist Street SE, Suite 100, Salem, Oregon, was sworn by the City Attorney. Leclerc: As I stated my name is Melissa Leclerc. and I am with Curry Brandaw Architects out of Salem. What we are proposing is the rezone of an R-4 parcel, it is about, the actual rezone is just .for 8 acres. We got an agreement to purchase all of the 25 acres. The, what we are proposing to do is a retirement community. In the first phase there would be a two story ,combination of one and two story building, an assisted living would be 44 units and 16 units of Alzheimer's. Forty-four units would be approximately 45% one bedroom, 45% studios and 10% two bedrooms. Sixteen units would be 16 studio suites. We call them suites because none of the units are equipped with full kitchens. They are little mini refrigerators, microwaves and bar sinks. Residents take their meals in a common dining area in the central part of the building. That common dining area also has other accommodations, abeauty salon, commercial kitchen, activity center, those sorts of things. This facility provides an alternative lifestyle for seniors that at one. time may have probably lived in their own homes but now are no longer able or willing to do that and are seeking additional .support. The basic rent of these units covers housekeeping and meals, transportation and activities. But increased level of care is available if they need to have assistance in bathing or dressing or that sort of thing. That is the lower part right off of Cheny. The smaller buildings that you see on the west side are a series of duplexes, we are proposing ten of them, 5 buildings, 2 units each. Those are 2 bedroom, two bath, single car garage, one story and those would be for more independent seniors. Occasionally a couple, one of the couples might live in the bigger building and the other couple might take the duplex where they are still more mobile. Of if the duplex might be rented by someone who would still be independent, still be driving, still want a full kitchen, but still want the advantage of the security of this sort of environment and housekeeping services. The building in the back is suppose to be two story, 106 units, that is for phase two for congregate living which would be more independent than the assisted but again sort of the same concept where housing keeping meals and activities and transportation are provided. It is a combination of one bedroom, two bedroom and studios with the same (inaudible) 45%, 44% and 10%. We are proposing the leave the 12 acres in the central part in the same zone. We don't know :what we are going to do there but feel like this is a pretty good chunk to bite-off in a piece the 8 acres. We will leave the middle acres in the R-4 zone and then t guess in keeping with this March for Parks we are dedicating a 5 acre parcel in the back to the City of Meridian for public park. All the conditions that staff has presented we are comfortable with and are planning to adhere to. If there are any specific questions I would be happy to answer them. Meridian City Council ~ • April 1, 1997 Page 46 Rountree: I have a question (End of Tape) Leclerc: We as a condition of approval through Ada County Highway District we must connect .Gemstone to the, on the west side with a street and we have our choice of two to the west. So that is a condition of their approval, actually there are three choices in addition to having Chateau (inaudible). The .surrounding neighbors are very uncomfortable with any connections. We are comfortable with having one access off Cherry and we plan on using that as really our only access. The existing residents don't like the idea of connecting it up, they are worried about their children, they are worried about additional traffic, they are worried about seniors driving. Most of these seniors wouldn't drive but for those that would they would be coming down and through to Cherry. I don't know how to address you discomfort with how Gemstone dead ends. It is, it makes those neighbors a lot more comfortable with that we are proposing. Ada County has only stipulated that we somehow connect the Gemstone to the west with one of those stub streets. Rountree: It just seems to me that on the one hand we are being told to provide interconnectivity of neighborhoods which was the attempt of providing stub streets in neighborhoods. Now we are putting up a barrier to that interconnectivity, there is no path, there is no bike way, there is no motor vehicle access. I don't see any, maybe you can address that. Leclerc:. There, the whole site is connected with a series of walking. paths to encourage outdoor activity and to enhance that park like environment. Also as a condition of approval staff wanted us to connect the two with walking paths as well that would be accessible to the public. We would want to do that even if that weren't a condition of approval. It helps to keep the seniors that live there connected to both the adjacent neighborhoods and within the community to the various building types that we have. So we do have walking paths. I suppose that we could vehicularly connect it but again the adjacent neighborhoods were very uncomfortable with that prospect. Corrie: (Inaudible) is that connected to the street next to it (inaudible) Leclerc: And that is also a condition of approval. Tolsma: Question, that park site then on the lower end that connects with the park that is in Sunnybrook right now. Leclerc: That is correct, there hasn'.t been any sort of agreement even approached about connecting those two and that would probably really be up to the neighborhood association rather than us. Tolsma: (Inaudible) they said they wanted (inaudible). I have another question for Mr. Smith, that park site down there is really low isn't it? Wasn't that the non-sewerable part of the property when they looked at it before? Meridian City Council ~ . April 1, 1997 Page 47 Smith: The park site on the north end? I don't think the park site on the north end Councilman Tolsma Tolsma: There was a problem in there one time when we were looking at that before. Smith: The development of that property there was a sewer problem on the south end of the project. Leclerc: We have actually looked at that with staff and Tealy Engineering who will be our civil engineer. We feel like we can raise the grade a couple of feet and actually serve the building with a gravity fed line instead of any sort of lift station. Corrie: Any further questions? Thank you, is there anyone else from the public that would like to enter testimony in this public hearing? Council, comments or questions? Rountree: I just have a question to staff that all of their.issues and questions have been answered by the findings that have been prepared? Stiles: Yes, I believe they have, I would also like to compliment Ms. Leclerc and Mike for all of their cooperation. They have gone to a great deal of effort in developing this project and I think it will be a great addition to the community. Corrie: I will close the public hearing. Morrow: I would move that we adopt the findings of fact and conclusions as prepared for usbyP&Z. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to adopt the findings of fact and conclusions of law adopted by the Planning and Zoning Commission, any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma - Yea MOTION CARRIED: All Yea Corrie: We need a motion on the decision. Bentley: Mr. Mayor, the City Council of the City of Meridian hereby recommends that the property set forth in the application be approved by the City Council for the zoning amendment requested under the conditions. set forth in these findings of fact and conclusions of law. Including the applicant or its successors and interests, assigns, heirs, executors, or personal representatives enter into a development agreement. And Meridian City Council April 1, 1997 Page 48 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 it is agreeable that with entering into a development agreement the application for zoning amendment should be denied. Rountree: Second Corrie: Motion made by Mr. Bentley, second by Mr. Rountree on the decision as read, all those in favor? Opposed? MOTION CARRIED: All Yea Morrow. Mr. Mayor, I would move that we instruct the City Attomey to prepare an rezone ordinance. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to direct the City Attorney to prepare a rezone ordinance, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: ,REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A 44 UNIT ASSISTED LIVING FACILITY WITH A 16 UNIT ALZHEIMER WING, 10 GARDEN APARTMENTS, AND A TWO STORY 106 SUITE RETIREMENT COMPLEX. Corrie: I will open the public hearing and invite the representative to step forward. Melissa Leclerc, 2260 McGilchrist St. SE Suite 100, Salem, Oregon, was sworn by the City Attomey. Leclerc: I wish to reiterate all of the information I did for the zoning change. Corrie: Does the Council have any questions? Anybody else from the public that would lie to enter testimony at this hearing? Council? Morrow. Mr. Mayor, I would move that we adopt the findings of fact and conclusions of law as prepared for us by P & Z. Rountree: Second Corrie: I will close the public hearing, a motion made by Mr. Morrow, second by Mr. Rountree to approve the findings of fact and conclusions of law as prepared by the Planning and Zoning, roll call vote. '~ r Meridian Planning & Zc~g Commission March 11, 1997 Page 3 Borup: Mr. Chairman, I move we instruct Counsel to prepare findings of fact and conclusions of law. Johnson: Not on a preliminary plat. Borup: We were already annexed weren't we. Johnson: Yes, we recommend approval or disapproval. Borup: I would move that we recommend City Council approval.of this plat. MacCoy: Second Johnson: It is moved and seconded we pass on a favorable recommendation to City Council, all those in favor? Opposed? MOTION CARRIED: All Yea (Inaudible) Johnson: I would have to revisit the minutes on that, do you have those available? Borup: I believe that, it seems to me that was a comment made by some of the neighbors but t don't remember that was in line with ACHD was recommending. Johnson: Any comment Ms. Stiles? Stiles: Chairman Johnson and Commissioners, the issue was the people in Lansbury Lane were objecting to having any entrance or frontage to those home on Northwest 3`~ when they developed their subdivision they kept that at a 40 foot wide right of way and restrict driveway access on that street. That as the issue that the neighbors brought up because those lots are smaller. They could have driveways within five feet of their back property line. That is what they were not wanting to see. Johnson: Right, that is however, part of the record and will be visited again by City Council is that correct? Stiles: Yes ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A REZONE OF 8.38 ACRES FROM R-4 TO L-O %4 MILE EAST OF TEN MILE, NORTH SIDE OF CHERRY LANE BY PRESTIGE CARE: Meridian Planning & Zd~g Commission March 11, 1997 Page 4 Johnson: I understand the Prestige Care people missed their plan from Portland but there is a representative here. We will go ahead with the findings of fact and conclusions of law as prepared, is there any discussion, any corrections or any comments from the Commissioners? Entertain a motion on the findings of fact as already prepared. Borup: Mr. Mayor, I move the Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. MacCoy: Second Johnson: It is moved and seconded by Commissioner Borup, second by Commissioner MacCoy that we approve the findings of fact and conclusions of law as prepared, roll cal vote. ROLL CALL VOTE: Borup -Yea, Oslund -Absent, MacCoy -Yea, Manning -Yea MOTION CARRIED: All Yea Johnson: Is there a recommendation you wish to pass on to the City Council? Borup: I move the Meridian Planning and Zoning Commission here by recommends that the property set forth in the application be approved by the City Council for the zoning amendment. requested under the conditions set forth in these findings of fact and conclusions of law including that the applicant and or its successors and interest, 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. The application for the zoning amendment should be denied. MacCoy: Second Johnson: Moved and seconded we pass a favorable recommendation onto the City as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A 44 UNIT ASSISTED LIVING FACILITY WITH A 16 UNIT ALZHEIMER WING, 10 GARDEN APARTMENTS, AND A TWO STORY 106 SUITE RETIREMENT COMPLEX, %4 MILE EAST OF TEN MILE, NORTH SIDE OF CHERRY LANE BY PRESTIGE CARE: ~ ~ MERIDIAN CITY COUNCIL MEETING: April 1 1997 APPLICANT: CURRY BRANDAW ARCHITECTS ITEM NUMBER; 11 REQUEST• PUBLIC HEARING• REQU ST FOR A REZONE FROM R-4 TO L-0 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: COMMENTS P ~ Z MINUTES FROM 2-11-97 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" 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: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COM ~. ~ l~ ~~ J ~ ~~ . ~ ~ ~ ~~, ~~ ~~ ~ ~ ~~ ~ ~~~ ~, ~~ ~~ ~ All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Z~g Commission February 11, 1997 Page 18 Johnson: Moved and seconded we approve the findings of fact and conclusions of law as prepared by the City Attorney, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Yea, MacCoy -Yea MOTION CARRIED: All Yea Johnson: Recommendation to the City Council? Borup: Mr. Chairman, I recommend the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they 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 or similar conditions as found justified and appropriate by the City Council. That the property be required to meet the water and sewer requirements, 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 restricted to a period of authorization of three years and subject to review upon notice to the applicant buy the city. MacCoy: Second Johnson.: Moved and seconded that we send that recommendation on to the City, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING: REQUEST FOR A REZONE OF 8.38 ACRES FROM R-4 TO I-L, %4 MILE EAST OF TEN MILE, NORTH SIDE OF CHERRY LANE BY PRESTIGE CARE: Johnson: At this time Iwill -open the public hearing and invite the applicant or the applicant's representative to address the Commission. Steve Williams, 6623 NE 82"~ Ave. Portland, OR, was sworn by the City Attorney. Johnson: Proceed, we have got of course the application from you, we also have comments, but if you would just briefly tell us what you have in mind and then we can ask you questions. Williams: Thank you Commissioner Johnson and Commissioners for allow us to inform you of our intent tonight. What I would like to do is introduce our architect Melissa Leclerc and Melissa will described what we are doing here. Then I would like to be very concise on some follow up in terms of the nature of the project itself. Meridian Planning & ZZ~hg Commission February 11, 1997 Page 19 Melissa Leclerc, 2260 McGilchrist Street SE, Salem, OR, was sworn by the City Attorney. Leclerc: Again my name is Melissa Leclerc, I am with Curry Brandaw and we are here representing the applicant. I believe that our application is to change to an LO zone and not and IL. The reason that we are changing the zone is what we are proposing is an assisted living facility. An assisted living facility is kind of an odd duck, it is not a nursing home, it is not amulti-family use it is somewhere.in between. Williams: Assisted living is a residential alternative for senior citizens who come to a point in their life time where they know they need a more secure environment where they need health care, where they need proper nutrition. They need watchful eyes, services that are not available except through a home health alternative that is rather expensive. Assisted living is an alternative that is rapidly gaining acceptance in many communities across the United States. What assisted living is, is it provides a home in the context of an apartment that is rented month to month. Above and beyond that we provide meal service where we provide 3 meals a day for each resident. We create to a large extent or to a complete extent a secure environment in terms of emergency calls, secure doors, fire, we meet all of the appropriate required codes in terms of fire and life safety. And we create also to a large extent the kind of home environment for people who need these kinds of services that eliminates the guilt and the avoidance of making this very difficult decision when someone is not able to stay in their home and still be secure and still receive the health care and the other services that this persons needs. Assisted living is not a skilled nursing home where more acute health care services are provide by we provide quite a bit of health care services that enable a senior citizen to live a very extended period of time and in our community and our assisted living community. Leclerc: I would like to add to sort of flush out the assisted is that it does fall as a use somewhere in between an independent senior living situation and a nursing home. So consequently when it comes to zoning issues we can run across a problem. And that is essentially what we have encountered here. We think that this site is ideal for this use, it is located in a residential area but yet it s also located right off Cherry and will be highly visible. This is great for the residents who seek a certain level of activity as well as providing nearness to most likely their family which would be living in the surrounding neighborhood. Thee folks are generally unable or unwilling to live on their own at this time but they sure dcn t want to leave the neighborhoods that they have lived in. So people won't necessarily be coming from out of town to live in these facilities they will be Meridian residents that want to continue to live in Meridian or parents of Meridian residents that want their children, Meridian residents whose parents need to live in some sort of monitored environment. So that is why we are seeking the LO zone because it seems to most closely fit the zoning that we need. There are in the zoning book, there isn't a perfect category for our use. Certainly the Meridian Planning & Z~ng Commission February 11, 1997 Page 20 R-4 doesn't take care of it, a planned development would maybe meet our needs but the density becomes an issue. What we like to have is a number or residents which short corridors to get to the dining area. That means that we have a 2 story building instead of a one story building. It is fairly dense to make it economic for the developer to provide these services. There is a commercial kitchen, there are common areas, activity rooms, beauty salon, dining area. So we need that added density to make that project fly. Williams: There is a delicate balance in terms of creating a community that is maximizing what a senior citizen is looking for as an altemative to skilled nursing facilities. As Melissa has described that to you our goat is to maximize a residential nature of the community and keep the costs of what we have to charge for someone who is in need of these kinds of services at a minimum. So that is the delicate balance that we strive to achieve as we look at various communities to develop these assisted living communities in. Leclerc: If I could focus on the zoning again, currently #here is as you may know there is a single family development to our east and a single family development to our west. We have a long narrow site. It is 25 acres total, we are proposing to only rezone the front 8 acres for this community. The first phase is the assisted living that we have been talking about. That is this building here. The rendering here shows the residential scale and architectural style that we are after. We very much want to be good neighbors so part of this increased density that we are seeing we take a lot of care so as not to impact those adjacent neighbors. This building would be congregate which is similar use to an assisted but it is a step close to the independent living. Their services would be even more housekeeping and meals, these folks might have assistance in bathing or getting dressed or that sort of thing. But again their base service would start with housekeeping and the meal situation and then activities. These five buildings here are senior duplexes where these folks would actually more independent than these folks and so we are (inaudible) and duplexes would be in the second phase as with the congregate. So the first phase, although we are rezoning the whole parcel so that everybody knows what our ultimate goals are the first phase would be this 60 unit building as a combination as you can see of 1 and 2 story (inaudible) 1 and 2 bedrooms and studios, .mostly studios (inaudible). And then an actual 1 story Alzheimer's unit for those folks that need that sort of care. Williams: The goal as we look at creating this S acxe panel in terms of our desires for zoning is that what we found in our experience and developing retirement housing all over the country is that when someone is looking for altemative housing, housing alternative that when they can come to a community that provides what vue call congregate housing which is in the second and first phase is that ultimately what we want to create in this community is a place where depending on the need of the senior citizen they can move into the congregate and then if their need becomes more great or in intensity in terms of health care services that vue provide and assistance and what we Meridian Planning & Z~g Commission February 11, 1997 Page 21 call activities of daily living that they can stay right within the community where they are planning their roots when they make this very important decision of living on their own. So it is called a continuum of care. When someone is looking for the decision to go to a place like Melissa described in terms of what we call the congregate side it is because they are tired of cooking, they want a place that is a little more secure and gives them a place to do other activities besides taking care of a home. Then as that need changes the assisted living community provides the ability to provide more health care services so that again within the overall community of our eight acres we can provide for all of their needs. The Alzheimer's care center is one of a very enlightened approach, we have enlisted consultants who I have a great deal of respect for in terms of that kind of care. We provide a residential model that is a very wonderful enlightened approach to taking care of senior citizens needs and again we are developing these communities right now in Oregon and Washington and looking to develop in California and here in Idaho and other states. We opened to projects to date of this kind of prototype and we have received warm embrace by the community. 'Ehree instances I would like to put on the record in terms of the quality and the nature of our community. One is that the State of Oregon has held training sessions in our community because of the credibility of the kind of service we provide, they hold same of the training sessions in our community we have in Portland, Oregon. The second thing is that given that we looked at being residential neighborhoods because that is who we are serving the parents that live there and the children of the parents that live there, we provide green spaces, we provide quality class A landscaping. Our project in Milwaukee, Oregon, Portland metropolitan Oregon, received an award as being the most attractive addition to this municipality. So we recognize that we have a con~nitment to our neighbors to provide an attractive addition to the neighborhood. And last what I want to put on the record is we had a family come to our manager of this same project. This family had not been on a vacation for what I believe to be about 5 years because of their feelings that their mother didn't want to be institutionalized and they were concerned about that. They found out about the assisted living alternative and their mother moved into our project. Their mother because of the social activities we do and the health care service that we provide and the secure environment she was regenerated. And holistically that is what we are after, the whole human being that they cants to our manager and said we have been on our first vacation in I believe it was about 5 years. We have worked very hard at finding and developing and becoming the kind of service the communities who are looking to service senior citizens would want as a neighbor in every aspect. Johnson: Thank you very much, questions from the Commissioners? MacCoy: It sounds like you have been out this for a little bit here. You probably have enlisted the help of medical people who are well grounded in this, and I commend you for that (inaudible). Have you seen the comments from the City yet, do you have any problems with those things? Meridian Planning & Z~g Commission February 11, 1997 Page 22 Leclerc: No, in fact we provided a response today and reviewed that with staff and then went ahead and sent an official document, do you have that also our response? So yes we have looked at the comments and are comfortable with each of them. MacCoy: I think after reading our requirements they should fit very carefully with yours because of course we speak to the ADA and you do too on that standpoint. It comes down to a lot of this stuff is just basic smarts (inaudible) you know for a fact, that is my background too so I can pretty well go along with that. On item 7 by number here it points out the two story aspect that you have here and, the fact that you have single story on either side of you. What are your plans to help your neighbors. You said you want to be a good neighbor and of course the first thing we hear about from the public is they are looking down into my background now and I don't like that. Leclerc: If I can refer to the large site plan (inaudible) Johnson: Those are nice drawings you need to know that those all stay with us by the way, we need those to do the findings (inaudible) Leclerc: If I can start out by saying that staff raised the same issues which led us our three story building to be lopped off right away to a t~nro story building. I noticed that there aren't a lot of 3 story buildings in this community. Johnson: Our fire department panics when there are two. Leclerc: I would like to point out that there are, this is exclusively single story, there are sprinkled in amongst Sunburst some two story buildings. However, we do recognize the impact that a second story could have on a neighbor. One of the things that we have done to address that is to not have the units are laid out with a corridor and then units on both sides. We have twisted the building in an attempt to not have our units be peering down into somebody else's backyard. At the wing end of the gilding, there would be a one story feature and then two end units. This unit would orient toward the courtyard and then this unit would orient out the lots that are impacted by that are minimal. We also have a 20 foot setback at this corner so that is the closest we get to the property line and then of course on a diagonal it backs off dramatically quickly. This two story building we would anticipate doing the same thing where the units are oriented either into the courtyard or out in this direction rather than again into somebody else's backyard. On this ~idQ these duplexes are one story and so there is a buffer there between the single Jtnry buildings on the west. MacCoy: You show trees on there, what are the trees like, are they 30, 40 feet tall? Leclerc: Not right away, along the western side there is an existing 40 foot easement dedicated to the irrigation district. What we have worked out with the irrigation district is while the easement is 40 feet wide and typically they won't allow any trees in that Meridian Planning & Zt~g Commission • February 11, 1997 Page 23 location. What they are proposing to allow us to do or what we are proposing to them and they conceptually agreed to is that they will have to maintain that 10 foot wide gravel road and then the 10 foot (inaudible) drain tile. But that other 20 feet where we would normally just have to have grass and very little bushes they will actually allow us to put trees so we would propose to (inaudible) especially in those areas where the neighbors are impacted. Williams: We develop these kinds of projects in neighborhoods like we are proposing here in Meridian and in .fact the one in Portland that I described in terms of where we got, what we find is that we are very sensitive in finding trees that do grow fast in those site areas and we are very conscience about that. The other thing that we find is given the fact that these are senior citizens because we angle them we minimize as Melissa said the number of lots that are exposed. That senior citizens living in that second story with these angles is much less of a threat than another kind of population that might be there. In addition with all of the mitigation we try to do with angling the building. MacCoy: Well I agree with but and you look at your neighbors they don't see it as straight as you do because they feel it is a body looking down that they didn't have before. Leclerc: If I can also note (inaudible) while we do have (inaudible) none of the second story units have patios so there are windows that overlook but there wouldn't be people actually hanging out on a deck. Williams: We provide blinds (inaudible) MacCoy: Since we haven't called them out in here but f am sure that you have elevators internally in the building. Leclerc: We have one elevator centrally located. MacCoy: And your kitchen is on for a different elevator? Leclerc: This kitchen is on the ground floor. MacCoy: How do you serve, you serve on the ground floor only? LeClerk: We have a common dining room where everybody eats. Each of the units is equipped with a kitchenette, it is really (Inaudible) but meals are provided as part of the rent so (inaudible) effective way of making sure everybody is welt and healthy. Williams: We spoil our residents it is a restaurant style service where they have a choice of two entrees for ?ach meal. Meridian Planning & Z~g Commission February 11, 1997 Page 24 MacCoy: (Inaudible) my mother lives in a place similar to this in San Diego and she is unable to go to the dining room because she has got a head cold or whatever they don't her down there so they have a separate elevator system to take up meals to them in their room. Williams: For those specific kinds of needs we make that available yes. Oslund: I just echo the concern about the adjacent neighbors, there was a development that was some sort of assisted care, I am not sure exactly what it was, it was approved before 1 came on. It is right on Pine Avenue, east of Linder. And their neighbors to the west, I think it is a mobile home or there may be some s~gle family homes there too. They put in a single story facility right next door and it had a very high gable on it and it was very intrusive. I think there are things you can do with trees but and I don't know how you quantify this or anything else 1 just hope that if this is approved that you would, as the trees are put in they are .put in strategically so that it blocks some of those views rather than just kind of going out there and putting them in every 20 feet. I would rather see them put in strategically in a way that could help with those views because people that live next door to this may not be somebody looking down but they are the ones that are impacted by this. Other than that I think it is a great idea, I think it is much in need and knowing this from first hand experience last year with my father something like this is really needed. Leclerc: If I could make a quick comparison to that facility. I don't know if you recall, but the property line and those neighbors, the building is parallel to that. So it just doesn't happen quickly and then kind of fades off, it is window after window all running right parallel to the property line. That is a serious impact. MacCoy: We discussed that with them at the time when they came up here. Williams: In terms of Commissioner Oslund, in terms of your concem, what we do is once a building is two stories we have a landscape plan that is approved by the City but if there are any improvements we can do (inaudible) sensitive to that. Johnson: Commissioner Borup any comments or questions. Borup: I think Commissioner MacCoy asked the ones that 1 was thinking. I do have one on, you said you had read all of the staff comments, I kno~r there are some on tying in sidewalks and some of that type of thing. The only one I didn't know if it was addressed was on the comments from the fire department on access to the large building there 106 I think it is called. I know the Fire Chief wras concerned about access to the rear of that. Leclerc: It was actually many months ago now but I did have a conversation early one with the fire department and this 12 foot fire lane here was added based on that Meridian Planning & Z~g Commission February 11, 1997 Page 25 conversation which means that we have now all adequate fire access to this building. This here has, there if fire access here and then Gemstone Drive as a public street there is fire access here too. So when we had our conceptual meeting it was, what we had proposed was adequate and if there is some discomfort on the part of the fire department we would certainly want to address that and extend fire lanes or relocate them as the fire department feels comfortable. We would want to work with them. Borup: His comment I think was on December 13. Leclerc: And actually the conversation that I had with him was many months ago so it was way before December 13. But again we can (inaudible) Johnson: Okay, thank you very much if that is all you have then we will invite testimony from the public at this time. Anyone in the audience that would like to address the Commission on this application at this time please come forward. William Carroll, 1778 N. Morel, Meridian, was swum by~ the City Attomey. Carroll: I guess the main concern I have is extending Morel through if that is going to be the primary way into this facility. The biggest problem is on Gemstone, I am on the corner of Morel and Gemstone, property adjacent to this area that they are talking about. Along Gemstone the streets in the subdivision during the winter are not taken care of by the County. When it snows in there the snows stays until it melts basically. Along Gemstone there is probably 30 young children that stand out on the sidewalk for the school bus and things like that. The increase in traffic is just going to be an increase in danger. There was a facility built when Cherry Lane was worked on here a year and a half to two years ago, an entrance into that piece of property and I was wondering if that was going to be the primary root into this facility or is Gemstone going to be the primary root into this facility? That is my main concem. Johnson: Thank you, any other. questions? Anyone else that would like to come forward? Jeffrey Vrba, 2892 W. Ann Street, Meridian, was sworn by the City Attomey. Vrba: I had a letter from another homeowner in the subdivision, Lawrence Stinger and his wife. I am going to go ahead and hand that over to the Chairman here. He voiced some of his concerns which was mentioned before. Some of the main concerns be in the main access into the area there. With that being a main entrance into the new facility being there the amount of traffic coming through the subdivision right now would increase tremendously which would be detrimental to some of the younger kids that are in the subdivision. A couple of other things that he mentioned that he was concerned with the two story buildings being put in there that the view of the mountains and stuff that we presently have right now may be disturbed and we are looking at the gables of Meridian Planning & Z~g Commission February 11, 1997 Page 26 the building rather than up into the mountains. He had a couple of other little comments which I will go ahead and drop that off with you. Johnson: We will enter that into the record thank you. Vrba: A couple of concerns we had as an association, we have had two meetings since the first time that this company decided to go ahead and place this building in our neighborhood. What was, our main concerns are with either Gemstone as a main access to it you will either be coming off of Cherry Lane through bing street or off of Ten Mile through the subdivision. 1 know right off of Bing Street we have right at the entrance there, there are about 10 young children at the ages of anyplace from newborn up though about 8 or 9 years old right now. Our subdivision has approximately 120 houses in the subdivision with two entrances which is leading to be a minimum of 60 cars leaving each entrance during the day going and working in the morning and coming home in the evenings so we get a lot of traffic going through the two entrances that we presently have. And according to their little map here, just north of their proposed building site there, there is another subdivision going in and the main access to it apparently seems to be off of Gem Stone also so we will be drawing even more traffic through our subdivision. We brought it up in our meetings past that we were wanting to get speed bumps in there just to slow down the present traffic which we have now. That is where our main concern is, the increase in traffic. flow. If that is going to be the main access there we are going to have possibly bigger trucks delivery trucks delivering food for their kitchenettes that are going to be serviced in there. The way the drawing looks there they will probably be coming through our subdivision rather than going right off Cherry Lane through their main thing there. That is where our main concern was if it does goes in we try to limit the access through the Sunburst Subdivision into this establishment Mere rather than having that as one of the main accesses. Johnson: Thank you, any questions of Mr. Vrba? Anyone else that would like to come forward at this time? Kenneth Tetrault, 2830 Gemstone, Meridian, was sworn by the City Attorney. Tetrault: I guess I agree with the other members of our subdivision who have been here regarding access to the area. I will say that I welcome the idea, it is a good concept and Meridian does need such a facility. As has been stated we have probably 50 small children in that subdivision and I think that our streets in that subdivision were designed as conveyances for local traffic not for areas for another complete neighborhood as I see it. There is 170 some units there. which means 170 more families to provide traffic access for. I don't believe that our subdivision is designed to handle that. That is about all I have. Meridian Planning & Z~g Commission February 11, 1997 Page 27 Johnson: l need to ask of some of you, have you had any contact with the applicant or have they had any type of homeowners meeting there. Are you aware of anything (inaudible) Tetrault: Not that I am aware. Johnson: Thank you very much, anyone else that would like to address the Commission at this time? Not you Mr. Vrba, I will get you in a minute, let's get some fresh ideas. Anyone else? .Okay you are on. . Vrba: Well what 1 was just going to bring up with the subdivision meetings we have not formally had an opportunity to have any of the members of the board any anything else with any of our meetings here that we had. Once again as the Board we discussed we didn't have a problem with the said plan of the facility going in but the main concern was with the access. If they are interested in coming to one of our meetings we have the next meeting on the last Tuesday of the month. (Inaudible) Johnson: Thank you very much, opportunity for rebuttal and to discuss the questions that were brought up. Williams: I have small children so I share their concern about traffic issues. I do not attempt to diminish the significance of their concerns. I think what I would like to point out to our potential neighbors is the reason why we chose this site is that the access from Cheny lane is very visible and all of the development we have done across the United States something that is very important is that we will put signage there off of our access from Cheny Lane, we are going to create a nice parkway sense there so it will draw attention to people who are looking for our community. So that what we found in all of the traffic patterns and all of the development that we have done is that with this kind of visibility and this kind of main entrance off of Cherry Lane is that most if not all of the traffic related to our communities will be access through that visible main access point. to terms of the connections from Gemstone to the other neighborhoods we are being required to do that by the Highway Department this isn't something that we have been given any latitude to do. It has been something that we are being required to do by the highway department that regulates these kinds of connections and traffic issues. Johnson: Have you met with them? Leclerc: Yes (inaudible) can I also state that we actually sent a flyer. We had a neighborhood meeting in the fall and there were only seven people that showed up. So we did make an effort, we would though like to meet with the homeowners association as well. We did send out mailers to everybody in the neighborhood. Actually both adjoining neighborhoods and the one across from Cheny. Meridian Planning & Z~g Commission February 11, 1997 Page 28 Johnson: Are there any other issues that we didn't touch on the questions that were brought up. Most of them seem to center on children and traffic and the view of the mountains which I don't suppose we can do anything about unless you want to build a glass house. Williams: The other thing that I would like to state on the record is that in terms of traffic the people that will be living here most of them will not be using cars. (End of Tape) traffic issues of which I share with the comments that have been made because this is oriented to seniors who are in need of health care and services and housing, that the amount of traffic we have in this community is greatly less than the typical multi-family community. Leclerc: If I could also state that we would anticipate that Gemstone would actually remain as it is until the second phase. We want to put that off also as long as possible. It is a condition of approval by Ada County Highway, the Ada County Highway Commission but in the first phase what we are anticipating is only to service the front building to provide a turn around as a way back out. But we anticipate using only Cherry for ingress and egress. And hope that too by the time that second phase goes in that our main entrance would be well established and we would be well known and that anybody going into the second phase facility, it wouldn't even occur to them to drive through the neighborhood unless they actually lived in the neighborhood and were visiting a resident. Johnson: Thank you for your comments, anyone want one last shot here before I close the public hearing? Seeing no one then I will close the public hearing at this time. What would you like to do? Oslund: Mr. Chairman, I move that we have the City Attorney prepare findings of fact. MacCoy: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law on the application for conditional or sorry a rezone to L-O which is the correct application zoning request not !-L, all those in favor? .Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A 44 UNIT ASSISTED LIVING FACILITY WITH A 16 UNIT ALZHEIMER WING, 10 GARDEN APARTMENTS, AND A TWO STORY, 106 SUITE RETIREMENT COMPLEX, '/. MILE EAST OF TEN MILE, NORTH SIDE OF CHERRY LANE BY PRESTIGE CARE: WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, 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 i A Good P9ace to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888.4433 • FAA (208) 587-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT I1. CORRIE Mayor MEMORANDUM TO: Planning & Zoning Commission, Mayor and Council FROM: Bruce Freckleton, Assistant to City Engineer Shari Stiles, Planning & Zoning Administrates COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY February 7, 1997 SUBJECT: MERIDIAN ASSISTED LIVING FACILITY By Prestige Caze, Inc. (Request for Rezone R-4 to L-O, Conditional Use Permit) We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process. 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 irtigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the development plans. 4. Surety will be secured for any uncompleted improvements prior to temporary Certificate of Occupancy being issued. 5. Coordinate fire access and hydrant locations ifl accordance with the City of Meridian's Water Superintendent and Meridian Fire Department policies. Fire hydrant locations shall be depicted on development plans. 6. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 7. All signs must meet the requirements of the Uniform Sign Code and Meridian City Ordinance. Flashing signs will not be permitted. All signs are subject to review and approval of the Planning & Zoning Department. Sign permits are to be obtained prior to their construction. e:~rt~sttc~.ctm Mayor, Council and P&Z February 7, 1997 Page 2 8. Screened trash enclosures aze to be provided in accordance with City Ordinance. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. 9. All driveway and parking azeas shall be paved, with all driveway accesses approved by the Ada County Highway District. Graveled driveways, pazking and access aze unacceptable. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all ofi=street parking areas. All site drainage shall be contained and disposed of on-site. 10. Respond in writing, to each of the comments contained in this memorandum, both General and Site Specific, and submit to the City Clerk's Office prior to the scheduled hearing. SITE SPECIFIC COMMENTS Sanitary sewer service for this development is not going to be an easy task. David Marks, P.E., with Tealey's Land Surveying has done some preliminary designs that indicate that the City of Meridian's minimum design criteria could be met with some filling of the site. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be continge~ upon our ability to accept the additional sanitary sewage generated by this proposed development. The subdivision designer is to coordinate main sizing and routing with the Meridian Public Works Department. Sanitary sewer easements shall be dedicated to the City of Meridian, if it is the applicant's desire for the City to own and maintain the sewer mains. 2. Water service for this development shall be off of an extension of the existing 8-inch diameter main stubbed into the subject parcel off of Cherry Lane. Developer shall be responsible to extend an 8-inch diameter main through the site and connect to the existing 8-inch diameter main stubbed to the site in W. Gemstone Drive. Developer shall also be responsible to extend the 8-inch diameter main north to connect to the future residential area. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. The subdivision designer is to coordinate sizing and routing with the Meridian Public Works Department. The water mains and fire hydrants shall be installed by the developer and then dedicated to the City for ownership and maintenance. Easements shall be dedicated to the City of Meridian. 3. Provide parking lot lighting plans to the Meridian Public Works Department. Dlumination of the site shall be designed to not cause glare or adversely unpact neighboring residential properties, as determined by the City of Meridian. A1PRE4(7GE.CUP ~ • Mayor, Council and P&Z February 7, 1997 Page 3 4. All landscaping is to meet the requirements of Ordinance Section 11-2-414.D.2. Underground sprinkling and a minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt is required by City Ordinance. Detailed landscape plans will be reviewed during the building pernut approval process. A minimum 35-foot landscape setback is required on Cherry Lane. . A pressurized irrigation system utilizing surface irrigation water shall be required within this development. Any proposal for a supplementary connection from the City's water system to the pressurized irrigation system being proposed will need to be reviewed closely due to the size of the area to be watered. 6. Install six-foot-high, permanent perimeter fencing prior to obtaining building permits unless this requirement is specifically waived in writing by the City. 7. The project proposes two-story structures which would allow views of back yards of adjacent residential areas. Special design considerations need to be incorporated to ensure privacy is achieved. 8. Sidewalk should be provided between the 12' fire lane on the east side of the project to the meandering sidewalk shown to the south. 9. The Applicant is offering dedication of a five-acre public park site at the northern end of the entire parcel. This could be included with the Sunnybrook Farms park to make a nice neighborhood park. Chateau Drive, a vital collector in this area, will need to be constructed by the Applicant, which will complete the connection from Ten Nile Road to the City park on Eighth Street. 10. A development agreement is required as a condition of rezoning. A~PRESI7C~.CUP • • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION PRESTIGE CARE, INC. REZONE OF 8.38 ACRES FROM R-4 TO L-O NORTH OF CHERRY LANE AND ONE QUARTER MILE EAST'OF TEN MILE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on February 11, 1997, at the hour of 7:00 o'clock p.~t., the Applicant appearing through its representatives, Steve Williams and Melissa Leclerc, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the natter makes the following Findings of Fact and Conclusions of Law: FINDINt~B OF FACT 1. A notice of a public hearing on the Rezone Application was published for two (2) consecutive weeks prior to said public hearing scheduled on February 11, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 11, 1997, hearing; that the public was given full opportunity to express contents and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property contains approximately 8.38 acres and is located within the City of Meridian.- The property is described in the application which description is incorporated herein. The Applicant is not the owner of record of the property. The record FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. PRESTIGE CARE, INC. - Zoning Amendment • • owner of the property is Joan D. Priest and she has consented application for re-zone of the property. 3. The property is presently zoned (R-4) Low Density Residential District and the Applicant is requesting a rezone to (L-O) Limited Office District. 4. The property is in close proximity to existing homes. 5. The proposed land use is to construct an assisted living facility which would consist of the following: a 44 unit assisted living facility with a 16 unit alzheimers wing, and 106 suite retirement residence with ten garden apartments. Steve Williams, a representative of the Applicant, testified and explained that an assisted living facility is a residential alternative for senior citizens who are unable to reside alone. 6. Melissa Leclerc, a representative of the Applicant, testified and explained substantially as follows. The nature of an assisted living facility is between an independent senior living facility and a nursing home. Consequently the zoning of the piece of property can create a problem. The Applicant believes that the property is ideal for the proposed use because the property is in close proximity of a residential area and located off of Cherry Lane so it will have high visibility. The proposed use is great for residents who seek a certain level of activity and closeness to their families who live in the surrounding neighborhoods. The L-0 zoning most closely fits the zoning requirements which the Applicant needs; there is not a zoning category which is perfect for the proposed use. The R-4 zoning district does not meet the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. PRESTIGE CARE, INC. - Zoning Amendment needs of the Applicant for the proposed use, and a planned development may meet the Applicant's needs but the density becomes an issue. The Applicant desires to have short corridors to enable the residents to get to the dining area. To make the project economically feasible, it must be fairly dense. The project provides common areas, activity rooms, a beauty salon and a dining area, so the Applicant needs the added density to make the project successful. 7. The proposed zoning amendment is consistent with the Meridian Comprehensive Plan. 8. A nursing home is a permitted use by conditional use permit in the (L-O) Limited Office District, which is the use most like the proposed use which the Applicant seeks for the property. 9. That the (L-O) Limited Office District is described in the Zoning Ordinance, 11-2-408 B. 7 as follows: LL-O) LIMITED OFFICE DISTRICT: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 10. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, submitted general comments which comments are incorporated herein as if set forth in full. Their general comments included that any existing FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. PRESTIGE CARE, INC. - Zoning Amendment irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-60'5 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; that 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; that wells may be used for non-domestic purposes such as landscape irrigation; that a determination of the seasonal high groundwater elevation needs to be made, amd a profile of the subsurface soil conditions as prepared by a soil scientist submitted with the development plans; that a surety will, be secured for any uncompleted improvements prior to the issuance of a temporary Certificate of Occupancy; that there must be coordination of fire access and hydrant location in accordance with the City of Meridian's Water Superintendent and Meridian Fire Department policies; that fire hydrant locations shall be depicted on development plans; that handicap parking, associated signage and building construction shall meet the requirements of the Americans With Disabilities Act; that all signs must meet the requirements of the Uniform Sign Code and Meridian City Ordinance; that flashing signs will not be permitted; that all signs are subject to review and approval of the Planning and Zoning Department; that sign permits are to be obtained prior to their construction; that screened trash enclosures are to be provided in accordance with the City's ordinance; that there must be coordination of the dumpster FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. PRESTIGE CARE, INC. - Zoning Amendment • • site locations with the City's solid waste contractor; that dumpsters be located so as not to impede fire access; that all driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District; that graveled driveways, parking areas and accesses are unacceptable; that a drainage plan designed by a state of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas; and that all site drainage shall be contained and disposed of on-site. 11. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, submitted site specific comments which comments are incorporated herein as if set forth in full. Their site specific comments included that sanitary sewer service for the proposed development is not going to be an easy task; that David Marks, P.E., with Tealey's Land Surveying has done some preliminary designs that indicate that the City of Meridian's minimum design criteria could be met with some filling of the site; that the treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated; that approval of the application needs to be contingent upon the City's ability to accept additional sanitary sewage generated by the proposed development; that the subdivision designer is to coordinate main sizing and routing with the Meridian Public Works Department; that sanitary sewer easements shall be dedicated to the City of Meridian, if it is the Applicant's desire for the City to own and maintain the sewer mains; that water service for this development FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. PRESTIGE CARE, INC. - Zoning Amendment • shall be off an extension of the existing 8-inch diameter main stubbed into the subject parcel from Cherry Lane; that the developer shall be responsible to extend an 8-inch diameter main through the site and connect to the existing 8-inch diameter main stubbed to the site in W. Gemstone Drive; that the developer shall also be responsible to extend the 8-inch diameter main north to connect to the future residential area; that water service to this development is contingent upon positive results from a hydraulic analysis by the City's computer model; that the subdivision designer is to coordinate sizing and routing with the Meridian Public Works Department; that the water wins and fire hydrants shall be installed by the developer and then dedicated to the City for ownership and maintenance; that the easements shall be dedicated to the City; that plans for the parking lot lighting shall be provided to the Meridian Public Works Department; that illumination of the site shall be designed so as not to cause glare or adversely impact neighboring residential properties, as determined by the City; that all landscaping is to meet the requirements of Ordinance Section 11-2-414 D. 2.; that underground sprinkling and a minimum of one three-inch caliper tree per 1,500 square feet of asphalt is required by City ordinance; that a detailed landscape plan will be reviewed during the building permit approval process; that a minimum of 35 feet landscape setback is required on Cherry Lane; that a pressurized irrigation system utilizing surface irrigation water shall be required within the development; that any proposal for a supplementary connection from FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. PRESTIGE CARE, INC. - Zoning Amendment • • the City's water system to the pressurized irrigation system being proposed will need to be reviewed closely due to the size of the area to be watered; that a six foot high permanent perimeter fencing be installed prior to obtaining building permits unless this requirement is specifically waived in writing by the City; that the project proposes two-story structures which would allow views of back yards of adjacent residential areas; that special design considerations need to be incorporated to ensure privacy is achieved; that a sidewalk should be provided between the 12 feet fire lane on the east side of the project to the meandering sidewalk shown to the south; that the Applicant is offering dedication of a five acre public pazk site at the northern end of the entire parcel; that this public park site could be included in the Sunnybrook Farms park to make a nice neighborhood park; that Chateau Drive, a vital connector in this area, will need to be constructed by the Applicant, which will complete the connection from Ten Mile Road to the City park on Eighth Street; and that a development agreement is required as a condition of rezoning. 12. The Applicant responded in writing, by letter dated February 11, 1997 from the Applicant's representative, Melissa Leclerc, to both the general comments and site specific comments of Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, which responses and comments are incorporated herein as if set forth in full. 13. The Meridian Police Department, the Meridian Fire Department and the Nampa & Meridian Irrigation District submitted FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. PRESTIGE CARE, INC. - Zoning Amendment • comments on the subject application, which respective comments are hereby incorporated herein as if set forth in full. 14. 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 street runoff is not to create a mosquito breeding problem; that it recommends stormwater run-off flow to a grassy swale prior to discharging to the subsurface; and that shallow groundwater can be six feet below grade. 15. The Applicant's representative, Steve Williams, testified substantially as follows. Assisted living is a residential alternative for senior citizens who come to a point in their life when .they need a more secure environment, health care and proper nutrition. Facilities to meet such needs of senior citizens are not available except through a home health alternative which is rather expensive. Assisted living is an alternative which is gaining acceptance in communities across the United States. Assisted living provides to the residents a home in the context of an apartment rented on a month to month basis and three meals per day. Through the assisted living facility, the Applicant provides a secure environment and they meet all appropriate required fire and life safety codes. Assisted living is not a skilled nursing home where more acute health care services are provided, but the Applicant provides quite a bit of health care services. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. PRESTIGE CARE, INC. - Zoning Amendment • • 16. The Applicant's representative, Melissa Leclerc, testified substantially as follows. The residents are generally those individuals who are unable or unwilling to live on their own but do not want to leave the neighborhoods in which they have lived. The residents of the facility will not necessarily come from out of town, they will be Meridian residents who want to continue living in Meridian or parents of• Meridian residents who desire to live in close proximity to their children. 17. The testimony of the Applicant's representative, Melissa Leclerc, continued substantially as follows. There currently exists a single family development to the east and to the west of the property. The Applicant desires to be good neighbors. The property is a long narrow site of approximately 25 acres. The Applicant is requesting the rezone for only the front approximate eight acres of the property for the proposed use. The first phase of the project is the 60 unit building for assisted living. The building would be congregate which is similar to assisted living but close to independent living. The services offered to the residents would be primarily housekeeping and meals, although these residents may receive assistance with bathing, dressing and similar type of activities. There will be five buildings in the second phase which will be senior duplexes for more independent residents. There is also the alzheimer's unit for individuals who need such type of care. The 60 unit building will be a combination of one story and two stories, with the alzheimer's wing being one story. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. PRESTIGE CARE, INC. - Zoning Amendment . • 18. The testimony of the Applicant's representative, Steve Williams, continued substantially as follows. The Applicant's goal in the development of the project is to provide a continuum of care to the residents, which it bases upon past experience. As the needs of a resident change, the Applicant can provide the assistance to service their needs. Through the development of the eight acres, it can provide for the residents needs. The Applicant has developed similar projects which have been well received. The state of Oregon has held training sessions in the Applicant's assisted care facility in Portland, Oregon because of the kind of service it provides. The Applicant attempts to make the development a residential neighborhood, so they provide quality landscaping. The Applicant's project in Milwaukee, Oregon received an award as being the most attractive addition to the municipality. So the Applicant recognizes that it has a commitment to its neighbors to provide an attractive addition to the neighborhood. Because of the assisted living services which the Applicant provides, one family's mother was able to move into its facility allowing the family to take an over due vacation, and the services provided regenerated the mother. The Applicant has worked very hard to develop and provide services for communities who desire to assist their senior citizens and to be a neighbor which the communities desire. 19. Commissioner MacCoy commented that the City's requirements should fit very carefully with the Applicant's plans FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. PRESTIGE CARE, INC. - Zoning Amendment in terms of the Americans With Disabilities Act, to which the City and Applicant agree. 20. In response to questions of Commissioner MacCoy, the Applicant's representative, Melissa Leclerc, testified as follows. The Applicant has reviewed and responded to the comments of the City's staff and are comfortable with each of them. Because of comments from the City's staff concerning the issue of surrounding property owners' privacy, the building heigths have been reduced from three stories to two stories. The Applicant recognizes the impact that a second story could have on a neighbor. One of the things which the Applicant has done to address this issue is to twist the buildings so that the units do not directly face into a neighbor's backyard. They also have a 20 feet setback at one of the corners and the 20 feet is the closest the building comes to adjacent property. The direction of the units are such that they do not directly face into a neighbor's backyard. The duplexes are one story, so there exists a buffer between the single story buildings on the west and the neighbors. The Applicant has worked out a conceptual agreement with the Nampa & Meridian Irrigation District to plant trees on a 20 feet portion of the District's 40 feet easement to buffer the neighbors to the west. 21. In response to the questions of Commissioner MacCoy, the Applicant's representative, Steve Williams, testified and added that the Applicant is very conscience of the impact on neighbors and in developing these types of projects in neighborhoods the Applicant attempts to plant the types of trees which will provide FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. PRESTIGE CARE, INC. - Zoning Amendment • • the buffer as quickly as possible. Additionally, the Applicant further designs the project in a manner to minimize the number of units which are directly exposed to neighboring properties. 22. In further response to questions of Commissioner MacCoy, the Applicant's representative, Melissa Leclerc, testified as follows. The second story units do not have patios, so there would only be windows overlooking the neighbors: There is one elevator in the development which is centrally located. The kitchen is on the ground floor. There is a common dining area i.n which the residents eat. Each unit is equipped with a kitchenette, but the meals are included as part of the rent charged. 23. In response to questions of Commissioner MacCoy, the Applicant's representative, Steve Williams, testified and added that the residents are offered a restaurant style service in which they have a choice of two entrees for each meal. If a resident was unable to go to the central dining area to eat, accommodations are made to bring the meal to the resident. 24. Commissioner Oslund commented that another development, due to a high gable on the building, had been very intrusive. He would like and desires the Applicant to plant the trees and landscaping strategically to create privacy, and not plant the trees in a systematic pattern of every 20 feet. The neighboring property owners are the most impacted. 25. In response to the contents of Commissioner Oslund, the Applicant's representative, Melissa Leclerc, testified that the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. PRESTIGE CARE, INC. - Zoning Amendment • building and the windows of the building of which he spoke are parallel to the adjacent property. 26. The Applicant's representative, Steve Williams, testified and stated in response to Commissioner Oslund's comments that the Applicant has a landscape plan which is approved by the City, and it is very sensitive to such concerns. 27. In response to questions of Commissioner Borup, the Applicant's representative, Melissa Leclerc, testified that the 12 feet fire lane was added based upon the desires of the Meridian Fire Department, and that, with the addition of this fire lane, there is adequate fire access to the building. There are three fire accesses. The .Applicant is willing to work with the fire department to extend fire lanes and to relocate them so the fire department is satisfied; they want to work with the fire department. 28. William Carrol testified about his concerns of access to the project and traffic. Mr. Carrol testified substantially as follows. His main concern is extending Morel if it is going to be the primary access to the project. He lives at the corner of Morel and Gemstone. Along Gemstone there are probably 30 young children that stand out on the sidewalk for the school bus and similar things. The increase in the traffic will increase the danger. 29. Jeffrey Vrba presented a letter from Lawrence Stinger and his wife setting forth their concerns, which letter is incorporated herein as if set forth in full. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. PRESTIGE CARE, INC. - Zoning Amendment • 30. Jeffrey Vrba further testified about the concerns of the homeowners' association of the neighboring subdivision (Sunburst Subdivision). Mr. Vrba testified substantially as follows. The association's primary concern is the access to the property and the increase in the traffic through the subdivision. The subdivision has approximately 120 houses in the subdivision with two entrances. This leads to a minimum of 60 vehicles leaving and returning to the subdivision through each entrance each day. According to the Applicant's maps, there will be a subdivision to the north of the property which will create more traffic through the subdivision. According to the Applicant's maps, the streets of the subdivision will be the primary access to the property rather than directly off of Cherry Lane. Their main concern is to limit the access through Sunburst Subdivision. 31. Kenneth Tetrault testified about his concerns of access to the property and traffic through Sunburst Subdivision. Mr. Tetrault testified substantially as follows. He agrees with the other members of the subdivision regarding access to the area. He welcomes the idea of the Applicant; it is a good concept and Meridian does need such a facility. There is probably 50 small children in the subdivision. He thinks the streets of the subdivision were designed for local traffic, not another complete neighborhood. There are 170 units which means there are 170 more families for whom to provide access. He does not believe their subdivision is designed to handle the increased amount of traffic. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. PRESTIGE CARE, INC. - Zoning Amendment 32. In response to a question of Chairman Johnson, Mr. Tetrault testified that he was not aware of any contact or meetings between the Applicant and the homeowners or the association of Sunburst Subdivision. Jeffrey Vrba added, in response to Chairman Johnson's question, that there has not been a formal opportunity for the subdivision's homeowners' association board members to meet with the Applicant. 33. The Applicant's representative, Steve Williams, responded to the comments and concerns expressed during the public hearing. Mr. Williams stated substantially as follows. He has small children so he too shares the c~erns about the traffic issues. He stated that the reason the Applicant chose the particular site is the access to the property fraa~ Cherry Lane is highly visible. The Applicant will locate signage at the property's access from Cherry Lane, and the Applicant will create a nice parkway to draw the attention of those looking from the Applicant's facility. The Applicant has found through traffic patterns and developments it has done that the high visibility from signage and the main entrance parkway to the facility will cause most, if not all, of the traffic related to the facility to access the property through the main entrance. The highway department is requiring the connection to Gemstone and surrounding neighborhoods. 34. In response to the question of Chairman Johnson as to whether the Applicant has met with the neighbors, the Applicant's representative, Melissa Leclerc, stated that the Applicant sent out a flyer to the residences in the adjacent neighborhoods and the FINDINGS OF FACT AND CONCLUSIONS D~' LAW - Page 15. PRESTIGE CARE, INC. - Zoning Amen~ent • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian 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 COMMISSIONER OSLUND COMMISSIONER MACCOY ' ~MMiS~iv~'~~v ~'1~~ ~AN~Ir[r~ CHAIRMAN JOHNSON (TIE BREAK. ~ VOTED VOTED ~~3 ~~ VOTED ~~~^' VOT ~l~l DECISION AND RECOMMENDATION The Planning and Zoning Con~tission hereby recommends that the property set forth in the application be approved by the City Council for the zoning amendment requested under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicant or its successors in interest, assigns, heirs, executors or personal representatives enter into a development agreement, and that the property only be developed under the conditional use process; that 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, the application for the zoning amen~nent should be denied. MOTION: ~f APPROVED: -~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23. PRESTIGE CARE, INC. - Zoning Amendment WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Adminlstrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chlef W.L. "BILL" GORDON, Pollce Chef WAYNE G. CROOKSTON, JR., Attorney 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 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivea License (208) 888-4443 ROBERT D. CORRIE Mayo[ GO ~NGIL h~ I~~RFpC WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMI ION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COll~MENTS ON DEVELOPMENT PROJECTS WITH THE CI'T~ OF MERIDIAN To insure that your comments and reoarnmendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: III Berg, City Clerk by: January 7. 1997 TRANSMITTAL DATE: 12/06/96 HEARING DATE: 1!14/97 REQUEST: Rezone of 8.38 Acres from R-4 bo L-0 BY: Cum Brandaw Architects representatives of Prestige Care Inc LOCATION OF PROPERTY OR PROJECT: 1/4 Mile East of Ten Mile North Side of Cherry Lane JIM JOHNSON, P2 MALCOLM MACCOY, P2 JIM SHEARER, P2 GREG OSLUND, P2 KEITH BORUP, P2 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 MERDIAN POST OFFICE (PRELIM. 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA. PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAU~A MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. ~ FINAL PLAT) U.S. WEST (PRELIM. 8 FINAL PLAT) INTERMOUNTAIN GAS (P ELI FINAL PLAT) BUREAU OF RECLAI~IA LIM. ~ FINAL CITY FILES OTt~R: YOUR CONCISE REMARKS: QED DEC ~ 2 ~sss ~F~ER/D1AN HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, 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 8 Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chlef W.L. "BILL" GORDON, Pollce Chlef WAYNE G. CROOKSTON, JR., Attorney ROBERT D. (717RRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY 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: Vlifti[ Berg,. City Clerk by: January 7. 1997 TRANSMITTAL DATE: 12/06/96 HEARING DATE: 1/14/97 REQUEST: Rezone of 8.38 Acres from R-4 abo L-0 BY: Curry Brandaw Architects. rearesentatiives of Prestige Care. Inc. LOCATION OF PROPERTY OR PROJECT: 1/4 Mile East of Ten Mile, North Side of Cherry Lane JIM JOHNSON, P2 MALCOLM MACCOY, P2 JIM SHEARER, P2 GREG OSLUND, P2 KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SE'NER DEPARTMENT BUILDING DEPARTMENT ,FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. 8 FINAL PLA ADA COUNTY HIGHWAY DISTRICT '~~~''~~ °'° ~. ~_ , ADA PLANNING ASSOCIATIOt`; ~~ ~: ~e ~ CENTRAL DISTRICT HEALTH ~ ~.~ 1~ NAMPAMERIDIAN IRRIGATION DISTRICT .,L ~~, ~~~ ~ SETTLERS IRRIGATION DISTRICT ~"Fyf~`~i~ x.,, IDAHO POWER CO. (PRELIM. A FINAL PLAT) U.S. WE&'F (PRELIM. 8 FINAL PLAT) INTERMOUNTAIN GAS (PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. ~ (F~INA/L~PLAT) OTHE~S ~ ~ ' ~ a" ` / l0 YOUR CONCISE REMARKS: ~ i S e.. 2.071, @ . ~~ ou~_ A Good Plaae ~ Live CITY OF lRIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAlC p08) 887.4813 Public WorksBuilding Depan~nent (208) 887-2211 Motor Vehicle/Drivers Limte (208) 888-4443 CENTRAL C •• DISTRICT PRHEALTH DEPARTMENT DISTRICT HEALTH DEPAR1l~1ENT Environmental Health Division ~, ~- ~ ~.< i. '.... Rezone # ~ ~ - L- ~ ~ ~ SfKy~S 1 I ~ (~ 1 8 1~~ Conditional Use # - p~-k~~:~-.t~.li Preliminary /Final /Short Plat ~vrry ~,~ij.~ Dr't-r~ /9kc! ~ ~~-.s ~ieEs%'/~= G~~ . Return to: ^ Boise ^ Eagle ^ Garden city ~. Meridian ^ Kuna ^ Acz ^ 1. 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. ^ 5. 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 f~TCentral water ^ individual sewage ^ individual water "'~ 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. ^ I I. ^ 12. ^ 13. ^ 14. 15. Street Runoff is not to create a mosquito breeding problem. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 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 (Z ~ r c- °~ I~Co 2Mw '2 12-t.1f~-b'PF i~~-a~,J jb Date: / ~o I cu /t'LC r~ or '~v (~ f S ' ar I 7n `7~~ Reviewed By:7TS'cG~~-tZ Review Sheet fDHD 10/91 rcb, rcv. Il95 • • ~, ~ ~ OFFICIALS W"ILLIAM G. BERG, JR., City Clerk JANICE L. GASS, 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, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA EE C N GLENN R. BE TLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 ~~~~a~~ P & Z COMMISSION (208) 888-4433 • FAX (208) 887.4813 1.:/ L. :d1M JOHNSON, Chairman Public WorksBuilding Department (208) 887-221pE~ 1 1 1 1. KEITH BORUP Motor Vehicle/Drivers License (208) 888-4443 996 JIM SHEARER NAMP GREG OSLUND ROBERT D. CORRIE !BRIG A ~` MERI~~AN Arl°N o MALCOLM MACCOY Mayor lsrRlcr 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: January 7. 1997 TRANSMITTAL DATE: 12/06/96 HEARING DATE: 1/14/97 REQUEST: Rezone of 8.38 Acres from R,4 to L-0 BY: Curry Brandaw Architects. rearesentatives of Prestige Care. Inc. LOCATION OF PROPERTY OR PROJECT: 1/4 Mile East of Ten Mile. North Side of Cherry Lane JIM JOHNSON, P2 MALCOLM MACCOY, P2 JIM SHEARER, P2 GREG OSLUND, !~/Z KEITH BORUP, P2 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. b 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. 8~ FINAL PLAT) INTERMOUNTAIN GAS (PRELIM & FlNAL PLAT) BUREAU OF RECLAMATION (PREL~A. & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: The Nampa & Meridian Irrigation istric has no rnmmPnt nn the above referenced rezoning of the R_"~R ar•raG. Sincerely !3 Bill Henson Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT ~~~~ CITY OF MERIDIAN • TO WHOM IT MAY CONCERN: ~J~ i I -' I~~''7 p~ January 14, 1997 ,, ~~" l ~ ~7 l ~' ji. I would like to log my complaints to the possible rezoning to be done in the area adjacent to the Sunburst Subdivision, with the building of apartment complexes for senior citizens. 1. If the street from Gemstone and Morrello was expanded into this new area as the prime road, it would be a definite threat to our children's safety. What with senior citizens not being the best of drivers and children playing around their premises being in harm's way. This would necessitate speed bumps and stop signs, along with volume surveys placed on the city and county to maintain the roads in our subdivision if this was to be the main or alternate route of travel. THIS IS COMPLETELY UNSATISFACTORY FOR OUR LIVING ENVIRONMENT. 2. The addition of these apartments would cause more travel flow to and from their premises, as senior citizens do normally have additional setuor citizen activities to occupy their time, and brings in other senior citizens causing more hindrances in traffic flow and availability to emergency services when needed, with only one primary road into the area designated. 3. This would decrease MY HOUSE'S VALUE, something we have worked hard to maintain, by increased improvements to our property, not to be undermined by the cheap value of apartments and rezoning from occurring. Had we known at the time of buying that their was ever a chance of apartment complexes coming in adjacent, we would have not bought, and feel that the same attitude would be felt by anyone wanting to buy in the future, thus, lowering the value of my property. THIS IS COMPLETELY UNACCEPTABLE. 4. With the apartments being designated for Senior Citizens, and if not completely occupied, would the availability of renting these apartments to low-income families, bringing the problem of homeless to this area in Meridian. If their is even a chance once of this occurring, this is not what we want adjacent to our housing area. 5. Living at 2863 W. Gemstone Drive, and being on the corner, our house is in the greatest harm's way with increased Senior Citizen traffic, what with the possibility of a heart attack at their age, and running up and onto our lawn without barriers being established exist, along with the possibility of accidents during winter driving with the Seniors trying to drive to just go to the store or to doctor's appointments. THIS IS COMPLETELY UNACCEPTABLE. These are just a few of the Main objections I have against this development going in adjacent to Sunburst Subdivision, not to include the losing of the natural view of the • • Mountains to the East due to high rise buildings going in. I strongly urge the council to deny this proposed apartment complex for Senior Citizens, and leave the zoning as it now is for the area. Sincer yours, r ~. L ence Evangeline Stringer 2863 W. Gemstone Drive Meridian, Idaho 83642-1195 (208)887-9340 THE REASON I AM SUBMITTING THIS TO BE READ AT THE MEETING TO BE HELD FOR REZONING ON JANUARY 14, 1997 AT 7:00 P.M. AT THE MERIDIAN CITY HALL, IS THAT I HAVE WORK COMMITMENTS AT THE US POSTAL SERVICE IN BOISE, IDAHO TO INSURE THAT YOUR MAIL ARRIVES IN A TIlVIELY AND SAFE MANNER. • 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 ~ day of , 19 . , COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROVE VOTED VOTED l~Q~ (( VOTED VOTED VOTED DISAPPROVED. FINDINGS OF FACT AND CONCLUSIONS OF LAW - /~ • ~ neighborhood across Cherry Lane for a neighborhood meeting. Only seven people showed up at the meeting. The Applicant has made an effort and it would like to meet with the homeowners' association. 35. The Applicant's representative, Steve Williams, responded with additional comments concerning the traffic issues. Mr. Williams stated substantially as follows. In terms of traffic, the residents of the Applicant's facility will not be using cars. The facility is oriented toward senior citizens who are in need of health care, services and housiag. The amount of traffic in their community is greatly less than the typical multi-famil~•community. The Applicant's representative, Melissa Leclerc, stated that the Applicant anticipates Gemstone. remaining the same until the development of the project's second phase. The connection to Gemstone is a requirement of Ada County Highway District. In the first phase the Applicant anticipates the access from Cherry Lane servicing the front building. By the time the second phase commences the main entrance will be well established and persons looking for the facility will use the access from Cherry Lane rather than the accesses through the subdivisions, unless they live in the surrounding subdivisions. 36. There were no other comments by the public regarding this application. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Flanning Act and of the Ordinances of the City of Meridian have been met, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. PRESTIGE CARE, INC. - Zoning Amendment ~, i :7 including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. 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. 3. The City of Meridian has authority to place conditions upon granting a zoning amendment. 4. This Application for a zoning amendment has been judged upon the basis of guidelines contained in Section I1-2-416 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 can take judicial notice. 5. Section 11-2-416 A. states in part as follows: When the public necessity, convenience, general welfare or zoning and development practice require, the Council may amend, supplement, change, or repeal the regulations, restrictions, and boundaries or classifications of property as well as the regulations and provisions of this Ordinance. 6. Section 11-2-416 (R) of the Zoning And Development Ordinance of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments. Upon a review of those requirements and a review of the facts presented and conditions of the area, it is specifically concluded as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. PRESTIGE CARE, INC. - Zoning Amendment (a) The (L-O) Limited Office District zoning would be harmonious with and in accordance with the Comprehensive Plan; (b) The area included in the proposed zoning. amendment is intended to be developed in a fashion which would be allowed under the proposed new zoning; (c) The property, if designed and used as allowed in the (L- O) Limited Office District, ~rould be designed and constructed to be harmonious with the surrounding area, which is developed in the fashion of the (R-4) Low Density Residential District; (d) The (L-O) Limited Office District use would not be hazardous to the existing or future uses of the surrounding neighborhood; (e) The (L-O) Limited Office District development would not create excessive additional requirements at public cost for public facilities and services, and would not be detrimental to the economic welfare of the community; (f) The proposed use would not involve uses, activities, processes, materials, equipment or conditions of operation which would be detrimental to any person, property or the general welfare of the area; however, the amount of traffic may increase rather than if it were under an (R-4) Low Density Residential District development; (g) The area will have a vehicular approach to the property which will be designed to decrease interference with traffic on surrounding public streets; (h) A rezone would not result in the destruction, loss or damage of any natural or scenic feature of major importance; and (i) The proposed zoning amendment is in the best interest of City of Meridian. 7. It is further concluded that the Applicant must meet and comply with the general and site specific co~nents, recommendations and requirements of Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Boning Administrator. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18. PRESTIGE CARE, INC. - Zoning Amendment Their general comments, recommendations and requirements included the following: (a) Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 1.1-9-605 M. , and 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; (b) Any existing domestic wells and/•or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7-517; (c) Wells may be used for non-domestic purposes such as landscape irrigation; (d) A determination of the seasonal high groundwater elevation needs to be made, and a profile of the subsurface soil conditions as prepared by a soil scientist submitted with the development plans; (e ) A surety will be secured fos any uncompleted improvements prior to the issuance of a temporary Certificate of Occupancy; (f) There must be coordination. of fire access and hydrant location in accordance with the City of Meridian's Water Superintendent and Meridian Fire Department policies; (g) Fire hydrant locations shall be depicted on development plans; (h) Handicap parking, associated signage and building construction shall meet the requirements of the Americans With Disabilities Act; (i) All signs must meet the requirements of the Uniform Sign Code and Meridian City Ordinance; (j) Flashing signs will not be permitted; (k) All signs are subject to review and approval of the Planning and Zoning Department; (1) Sign permits shall be obtained prior to their construction; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19. PRESTIGE CARE, INC. - Zoning Amendment (m) Screened trash enclosures shall be provided in accordance with the City's ordinance; (n) There shall be coordination of the dumpster site locations with the City's solid waste contractor; (o) Dumpsters shall be .located so as not to impede fire access; (p) All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada Coua~ty Highway District; (q) Graveled driveways, parking areas and accesses shall be unacceptable; (r) A drainage plan designed by a state of Idaho licensed architect or engineer shall be required and shall be submitted to the City Bngineer for all off-street parking areas; and (s) All site drainage shall be contained and disposed of on- site. Their site specific comments, recommendations and requirements included the following: (a) Filling of the site shall be completed„ if needed, to meet the City's minimum design criteria; (b) The approval of the application is contingent upon the City's ability to accept additional sanitary sewage generated by the proposed development based upon the current evaluation of the treatment capacity of the Meridian Wastewater Treatment Plant; (c) The designer of the development shall coordinate main sizing and routing of sewer and water mains and lines with the Meridian Public Works Department; (d ) I f the Applicant desires the City to own and maintain the sewer mains, sanitary sewer easements shall be dedicated to the City; (e) Water service for this development shall be off an extension of the existing 8-inch diameter main stubbed into the subject parcel from Cherry Lane; (f) The Applicant shall be responsible to extend an 8-inch diameter main through the site and connect to the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20. PRESTIGE CARE, INC. - Zoning Amendment existing 8-inch diameter main stubbed to the site in W. Gemstone Drive; (g) The Applicant shall be responsible to extend the 8-inch diameter main north through the property to connect to the future residential area; (h) Water service to the property is contingent upon positive results from a hydraulic analysis by the City's computer model; (i) The water mains and fire hydrants shall be installed by the Applicant, and, thereafter, dedicated to the City for ownership and maintenance including easements therefore; (j) Plans for the parking lot lighting shall be provided to the Meridian Public Works Department; (k) Illumination of the site shall be designed so as not to cause glare or adversely impact neighboring residential properties, as determined by the City; (1) All landscaping is to meet the requirements of Ordinance Section 11-2-414 D. 2.; (m) Underground sprinkling and a minimum of one three-inch caliper tree per 1, 500 square feet of asphalt is required pursuant to City ordinance; (n) A detailed landscape plan shall be prepared and presented to the City for review during the building permit approval process; (o) A minimum of 35 feet landscape setback shall be required along Cherry Lane; (p) A pressurized irrigation system utilizing surface irrigation water shall be required within the development; (q) Any proposal for a supplementary connection from the City's water system to the pressurized irrigation system in the development will be reviewed closely due to the size of the area to be watered; (r) A six foot high permanent perimeter fencing shall be installed prior to obtaining building permits unless this requirement is specifically waived in writing by the City; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21. PRESTIGE CARE, INC. - Zoning Amendment (s) As the project proposes two-story structures which would allow views of back yards of adjacent residential areas, special design considerations shall be incorporated to ensure privacy is achieved; (t ) A sidewalk shall be provided between the 12 feet fire lane on the east side of the project to the meandering sidewalk shown to the south; (u) The Applicant shall offer the dedication of a five acre public park site at the northern end of the entire parcel, which could be included in the Sunnybrook Farms park; (v) Chateau Drive, a vital connector in this area, shall be constructed by the Applicant, ~rhich will complete the connection from Ten Mile Road to the City park on Eighth Street; and (w) The Applicant shall enter into a development agreement as a condition of the approval of the application. 8. It is further concluded that the Applicant must meet and comply with the comments, recommendations and requirements of the Meridian Police Department, the Meridian Fire Department, the Nampa & Meridian Irrigation District and the Central District Health Department. 9. Proper and adequate access to the property is available and will be maintained, with appropriate bnffering.to residential properties and traffic on Cherry Lane and surrounding residential areas. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22. PRESTIGE CARE, INC. - Zoning Amendment ~ • MERIDIAN PLANNING & ZONING COMMISSION MEETING: March 11.1997 APPLICANT: PRESTIGE CARE AGENDA ITEM NUMBER: 2 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE ROM R-d TO L-0 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: COMMENTS 4 ~ ~~ ~IF~G aI'1~ru/~J.~ '~~c C ~~ ~~r° k~ a OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~ ~ MERIDIAN PLANNING & ZONING COMMISSION MEETING: February 11.1997 APPLICANT _PRESTIGE CARE AGENDA ITEM NUMBER: 10 REQUEST: PUBLIC HEARING: REZONE OF 8.38 ACRES FROM R-d TO i-L , 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: COMMENTS See Attached Comments "Reviewed" See Attached Comments See Attached Comments U' See Attached Comments- e~ 3 n r ~~ ~c~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • • MERIDIAN PLANNING & ZONING COMMISSION MEETING: January 14.1997 APPLICANT: PRESTIGE CARE AGENDA ITEM NUMBER: 4 REQUEST: REZONE OF 8.38 ACRES FROM R-4 TO I-L AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: "RENEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS ~~ 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: ~a~a~~y~~~~,~ ~ ~,~' SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS • ,. OTHER: All Materials presented at public meetings shall become property of the City of Meridian. NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Me~'idian 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 February 11, 1997, for the purpose of reviewing and considering the Application of Curry Brandaw Architects, for a Rezone of approximately 8.38 acres of land located in the E 1/2of the SW 1/4 of Section 2, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located 1/4 mile east of Ten Mile and Cheny Lane on north side of Cherry Lane. The Application requests a rezone from R-4 to L-0. 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 24th day of January, 1997. ~~~~ WILLIAM G. BERG, JR., I CLERK 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 Hail, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m., on February 11, 1997, for the purpose of reviewing and considering the Application of Curry Brandaw Architects, for a Conditional Use Permit for approximately 8.38 acres of land located in the E 1 /2of the SW 1 /4 of Section 2, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located 1/4 mile east of Ten Mile and Cherry Lane on north side of Chevy Lane. The Application requests a Conditional Use Permit to allow construction of a 44 unit assisited living facility with a 16 unit Alzheimer wing, 10 garden apartments and atwo-story 106 suite retirement complex. 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 24th day of January, 1997. ~~~~ WILLIAM G. BERG, JR., LERK • • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on April 1, 1997, for the purpose of reviewing and considering the Application of Curry Brandaw Architects, for a Rezone of approximately 8.38 acres of land located in the E 1/2of the SW 1 /4 of Section 2, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located 1/4 mile east of Ten Mile and Cherry Lane on north side of Cherry Lane. The Application requests a rezone from R-4 to L-O. 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 14th day of March, 1997. WILLIAM G. BERG, JR., I CLERK • • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on April 1, 1997, for the purpose of reviewing and considering the Application of Curry Brandaw Architects, for a Conditional Use Permit for approximately 8.38 acres of land located in the E 1 /2of the SW 1 /4 of Section 2, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located 1/4 mile east of Ten Mile and Cherry Lane on north side of Cherry Lane. The Application requests a Conditional Use Permit to allow construction of a 44 unit assisited living facility with a 16 unit Alzheimer wing, 10 garden apartments and atwo-story 106 suite retirement complex. 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 14th day of March, 1997. ~~ ~- WILLIAM G. 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