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Home My WebLink AboutSterling Creek (fka Elvira Sub) CUPWILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 7, 1997 TRANSMITTAL DATE: 9/18/97 HEARING DATE: REQUEST: _ Conditional Use Permit for a Planned Unit Development for Elvira Subdivision for 33 standard R-8 single family lots plus 8 townhouse lots BY: Ron Crow LOCATION OF PROPERTY OR PROJECT: 650 feet south of Fairview Avenue. West of Danbury Fair Subdivision No. 4 JIM JOHNSON, P/Z MALCOLM MACCOY, PIZ MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: Engineers Surveyors Planners Project: 11216-06 Date: August 21, 1997 ELVIRA SUBDIVISION A PLANNED UNIT DEVELOPMENT ANNEXATION LEGAL DESCRIPTION A portion of land within the East 1/2 of the NW 1/4, and in the West 1/2 of the NE 1/4 of Section 7, T.3N., RAE., B.M., Meridian, Ada County, Idaho, as shown on Record of Survey No. 3832 filed as Instrument No. 97023999 in the records of Ada County, Idaho, more particularly described as follows: Commencing at a found brass cap at the center 1/4 corner of said Section 7; thence North 00034'46" East, 957.00 feet (58 rods) along the North/South midsection Line to the TRUE POINT OF BEGINNING; thence along a line parallel with the East/West midsection line, North 89033'49" East 301.05 feet to a point on the Westerly boundary of the Danbury Fair Subdivision No. 4, said point is also 301.00 feet East of and at right angles with the North/South midsection line; thence North 00034'46" East, 877.66 feet along a line parallel with said North/South midsection tine and also the West boundary of said Danbury Fair Subdivision No. 4 to a point on the South line of the lands owned by Elnora L. Johnson, as shown in the recorded warranty deed, Instrument No. 733586; thence continuing North 00" 34'46" East 182.24 feet (formerly North, 140.00 feet as shown in said deed Instrument No. 733586) along the West line of the Danbury Fair Subdivision No. 5 and along a line parallel with and 301.00 feet Easterly of the mid-section line of said Section 7 to a point on the Northerly line of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of said Section 7 and the Northwest corner of said Danbury Fair Subdivision No. 5; thence North 89°42'37" West 301.00 feet (formerly West, 301.00 feet as shown in said deed Instrument No. 733586) along said Northerly line of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4 to the Northwest corner of said Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 7; thence South 00°34'46" West 180.72 feet (formerly South, 140.00 feet as shown in said deed Instrument No. 733586) along said North/South mid-section line of said Section 7; thence continuing South 00°34'46" West 36.90 feet along said North/South midsection line to the Northernmost corner of Block 13 of the Vacated Plat of the Second Cottage Home Addition to Meridian; Engineers Surveyors Planners Annexation Legal Description August 21, 1997 Page 2 thence South 38"30'33" West, 244.02 feet along the Northwesterly line of said Block 13 to an angle point in said Block 13, said angle point is 150.00 feet West of and perpendicular to said North/South midsection line; thence South 00034'46" West 926.26 feet along the West line of said Block 13, said line is 150.00 feet West of and parallel with the said North/South midsection line, to a point; thence South 89025'14" East 150.00 feet along a line at right angles with said North/South midsection line to a point on said midsection line; thence North 00034'46" East 272.64 feet along said North/South midsection tine to the TRUE POINT OF BEGINNING; Containing 10.85 acres, more or less. SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. Prepared by: J -U -B ENGINEERS, Inc. GAL:ldw Gary A. Lee, P.E./L.S. F:\PROJECTS\11216\ADMIN\LEGALS\Annex Legal. doc 0 - s � fzm _ 17 -#t- a --a--- 3 0y�- _. �f� _s 997 10:12 BRS ARCHITECTS 208 336 8380 P.03/03 TOTAL P.03 e ® i O e E O 3 C m Z r m putr a a E ® �d IS Y o S �p FVi � E ® ' 0i TOTAL P.03 AME: • 0 CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT Mr. Ron Crow ADDRESS: 6937 W. Parapet, Boise, ID 83703-2375 PHONE: 853-1001 GENERAL LOCATION: 650 Feet south of Fairview Avenue, west of Danbury Fair Sub. No. 4 DESCRIPTION OF PROPOSED CONDITIONAL USE: To allow a planned unit development known as "ELVIRA SUBDIVISION, A Planned Unit Development". The project will consist of 33 standard R-8 single family lots plus 8 townhouse lots. The townhouse lots will be two unit buildings Four buildings total Each townhouse lot will be a minimum of 3,477 SF with a 28.5 foot lot width. ZONING CLASSIFICATION: R-8 PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 35 copies). I certify that the information contained herein is true and correct. Signature of Applicant Social Security Number -C-/ 9 . r6 - � 14 LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at .m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by the property generally described as located at TO for SUBDIVISION, BLOCK , LOT tls rrs i aNd 'A►W100 •a Mbit �' 111f-f11-1tt itI Al ••i C'1 •L mmon �` Lttt-tKt-qu 7Yu i fit, gm t/1 it [/1 M /9 1 IOt 1111E ■1M• f00r� MIIIt1 tiL 111mawv llao !M1 OiMV,1 • �L �i •7w 'sa Mswa M'i woiwV",7 wo tls rrs i � a III � O \ • ^ C �� L �i G s ti Oji t4 �! � �� { E �s s� i . � .(�, ■ � gg I e8 t�� 1 .. is }�; i off =z��, �} i �, �� t =j � _ �, .., ... � ■ . o . Vit: _�„ � �: � ^� � �C i � `^ 21 21 u ■I .ea W V1 a `!€e� O 6 it I1 11LS;i s 5111 :F fE SL1l t^ ( ! a ■` as a b ■ ■ F� - bia3 TIA � 3 iii#°Fg ■ ^ C el •, • C C �� L �i G �s . ■ s .ea a `!€e� ., a ■` as a b TIA sIsI45 iii#°Fg 1 f •, I O 1 j. :,: Y Q4t�F ! i� R - R i 0 1 - 0 ♦k a .y il7tti•7b � I .o 99 �i ;a -lie 'o ■ { 65 Se O i iz of 1 a tt O tt r 1 yp'1ar • �c.L�� x • Mailist CROW ANNEXATION REQUEST & ELVIRA SUBDIVISION APPLICATION [AYRES SCOTT LESLIE & LORI A BAKER SPENCER LEE AND BATALI JORENE M BELISLE ROSEMARY CONDON ANDREW P CRAWFORD ARLIS P CROSS BETTY A CROW RUTH DANBURY FAIR HOMEOWNERS DELZELL DONALD 0 TRUST DEVCO PROPERTIES LTD PARTNERSH DICKMAN RONALD R & CHARLOTTE M DWYER THOMAS M & GERDA M ELSTON MILO 0 FORT PATRICIA A FRENCH CHRISTINA JO AND GILDEROY RONALD R & LESLIE GLENCOE SYLVIA ANN GUNNERSON DANIEL M & LESLIE G HABENIGHT KURT A HIGBY CHRISTOPHER HOPKINS JUSTIN & JENNIFER HOUSER MICHAEL R HUFF ROBERT L & PAMELA S HUGHES JOHN C & DONNA L JOHNSON ELNORA L 1/2 INT AND JORDAN STEVEN M KANGAS TRACY D AND KOON DONALD & KAREN KOUBA LAMONT & LYNN KOVACHEVICH CRAIG N & LARSON THEODORE W LEATHAM STANLEY N & LAURA L LEAVELL WILLIAM D & LUCILE M LEMKE JEFF & WANDA J LOSH CARL H & BETTY J LYONS HAZEL R MASON NORMAN D AND MAYHEW RICHARD E & TERRI L MCGREGOR JASON & TRACI • 1027 E GRANDBURG CT 1029 E 05TH ST 1133 N SHREVEPORT AVE 1234 N SHREVEPORT AVE 992 E CROSSBILL CT 956 E WENTWORTH ST 1308 N SHREVEPORT AVE 8921 SUNFLOWER CT P 0 BOX 190446 3040 DUANE DR PO BOX 1228 1116 E 05TH 1093 E CROSSBILL CT 1054 E CROSSBILL CT 1047 N MAPLE CREEK AVE 997 E CROSSBILL CT 996E ASHFORD ST 1029 N MAPLE CREEK AVE 931 E WINSLOW ST 1132 N MAPLE CREEK AVE 1229 N SHREVEPORT AVE 1046 E GRANDBURG CT 890 E WENTWORTH ST 1178 N SHREVEPORT AVE 928 E WENTWORTH ST 8306 W STATE ST 1033 E CROSSBILL CT 1028 E GRANDBURG CT 995 N MAPLE CREEK AVE 3875 E USTICK RD 1069 E CROSSBILL CT 2909 GROVER ST 991 E CROSSBILL CT 2484 SUNSHINE DR 1285 N SHREVEPORT AVE 1030 E 05TH ST 1088 E CROSSBILL CT 864 E ASHFORD ST 513 E CARLTON AVE ;958 E ASHFORD ST Page 1 of 2 8/18/97 fwj-U-B)h MERIDIAN ID 83642-4044 MERIDIAN ID 83642 MERIDIAN ID 83642-4047 MERIDIAN ID 83642-4047 MERIDIAN ID 83642-4045 MERIDIAN ID 83642-4046 MERIDIAN ID 83642-4047 BOISE ID 83704-6948 BOISE ID 83719 MERIDIAN ID 83642-5831 BOISE ID 83701-1228 MERIDIAN ID 83642 MERIDIAN ID 83642-4017 MERIDIAN ID 83642-4016 MERIDIAN ID 83642 MERIDIAN ID 83642-4045 MERIDIAN ID 83642-4052 MERIDIAN ID 83642 MERIDIAN ID 83642-4049 MERIDIAN ID 83642-4053 MERIDIAN ID 83642-4047 MERIDIAN ID 83642-4044 MERIDIAN ID 83642-4046 MERIDIAN ID 83642-4047 MERIDIAN ID 83642-4046 BOISE ID 83703-6070 MERIDIAN ID 83642-4017 MERIDIAN ID 83642 MERIDIAN ID 83642-4053 MERIDIAN ID 83642-5653 MERIDIAN ID 83642-4017 BOISE ID 83705-1623 MERIDIAN ID 83642-4045 BOISE ID 83712-7557 MERIDIAN ID 83642-4047 MERIDIAN ID 83642 MERIDIAN ID 83642-4016 MERIDIAN ID 83642 MERIDIAN ID 83642-2362 MERIDIAN ID 83642 • METZGER SHELLEY MILLER RUSSELL S & GINA S MORGAN SCOTT W & JODI MORGAN SHERRY A AND MUGELE NICHOLAS F NELSON RYAN X & JILL A OLMEDA ANGEL JR & ELLY OVERTON NORA B RANGE BRENT K & LISA R RICE DOROTHY G RICH H L RUMSEY CLIFFJOHN & TRACI RUSH KAREN S SMITH BARBARA A SMITH LENORA M SNODGRASS MICHAEL D & ANGELA D STEVENSON DAVID A STEWART DIANA STOPPELLO ANTHONY L STUTZMAN DARLENE Y THOMAS CHARLES L & ANGELLA L THOMASSON DAVID C & BRENDA D THORNTON SCOTT J & DENICE TRAMPE LAUREN WAND TURNER JARED P & KRISTINE A VALLETTA LOUIS A VANG CHER C & KA MOUA WATKINS TERRY B & C LYNN WELDON EVERETT E & SHERRI L WHEELER KATHY J WHITNEY CLAYNE F AND WOOD WILLIAM ALLAN & MINDY J YOUNG BRIAN & MELISSA M YOUNG RICK L Mailist • 899 E WINSLOW ST 963 E WINSLOW ST 1020 E CROSSBILL CT 1010 N MAPLE CREEK AVE 1092 CATHY LN 966 E WINSLOW ST 1146 N SHREVEPORT AVE 532 E STATE AVE 1069 N MAPLE CREEK AVE 512 E STATE AVE 512 E CARLTON AVE 912 E ASHFORD ST 888 E ASHFORD ST 1124 CATHY LN 1165 N SHREVEPORT AVE 1341 N SHREVEPORT AVE 1151 N MAPLE CREEK AVE 1062 CATHY LN 20762 GRAVELLY LN ,1154 CATHY LN 1117 N MAPLE CREEK AVE 1115 E 05TH ST L 4 S ASHLEE PL1 N SHREVEP0RT AVE 1251 N SHREVEPORT AVE 1210 N SHREVEPORT AVE 1272 N SHREVEPORT AVE 11143 N MAPLE CREEK AVE 923 E ASHFORD ST 957 E WENTWORTH ST j 524 E STATE AVE 1401 N STONEHENGE WAY 1197 N SHREVEPORT AVE 1042 CATHY LN Page 2 of 2 8/18/97 MERIDIAN ID 83642-4049 MERIDIAN ID 83642-4016 MERIDIAN ID 83642-4053 MERIDIAN ID 83642 -2366 - MERIDIAN ID 83642-4049 MERIDIAN ID 83642-4047 MERIDIAN ID 83642-2353 MERIDIAN ID 83642 MERIDIAN ID 83642-2353 MERIDIAN ID 83642-2363 MERIDIAN ID 83642-4052 MERIDIAN ID 83642-4052 MERIDIAN ID 83642-2368 MERIDIAN ID 83642-4047 MERIDIAN ID 83642-4047 MERIDIAN ID 83642-4053 MERIDIAN ID 83642-2366 WILDER ID 83676-5344 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642-4047 MERIDIAN ID 83642-4047 MERIDIAN ID 83642-4047 MERIDIAN ID 83642-4047 MERIDIAN ID 83642-4053 MERIDIAN ID 83642-4052 MERIDIAN ID 83642-4046 MERIDIAN ID 83642-2353 MERIDIAN ID 83642-4011 MERIDIAN ID 83642-4047 MERIDIAN ID 83642-2366 IpO ` Y awe Woo VVNMM '7R'1 ? /N1 WL -+,L -M Mow 1►f 7 L "won_ p r/L ! dN i{g I O a !s -. •. I! C !I ,os +�+Mi• o'" wm +K JIII aMnlr r ..« 1 d.r•.« . " s&o°1.« !I .« p ' . •; + • Y iiY ►i 'g f a r_ - E All raomlune '*W �susaa M -i MOANgMM vWAlw .. vo.8iw.o,."' ••`ws s. i. ,Y,� + I � s p I IpO ` Y 8�� ? i{g I O a !s I! C !I L � _� cic�45i� Y iiY ►i 'g [ s � � C E i. + I w 99 I ' ,14 AM 5 LL dwrow ��N _tom. � Lvmw� vi • %£._•�+ ra...rw rur11 G!: Li O LO1 ` Y L � _� • p �S I w 99 cz ' ,14 AM 5 LL dwrow ��N _tom. � Lvmw� vi • %£._•�+ ra...rw rur11 • Mailist (CROW ANNEXATION REQUEST & SUBDIVISION APPLICATION AYRES SCOTT LESLIE & LORI A BAKER SPENCER LEE AND BATALI JORENE M BELISLE ROSEMARY CONDON ANDREW P CRAWFORD ARLIS P CROSS BETTY A CROW RUTH DANBURY FAIR HOMEOWNERS DELZELL DONALD O TRUST DEVCO PROPERTIES LTD PARTNERSH DICKMAN RONALD R & CHARLOTTE M DWYER THOMAS M & GERDA M ELSTON MILO O FORT PATRICIA A FRENCH CHRISTINA JO AND GILDEROY RONALD R & LESLIE GLENCOE SYLVIA ANN GUNNERSON DANIEL M & LESLIE G HABE_NIGHT KURT A HIGBY CHRISTOPHER HOPKINS JUSTIN & JENNIFER HOUSER MICHAEL R HUFF ROBERT L & PAMELA S HUGHES JOHN C & DONNA L JOHNSON ELNORA L 1/2 INT AND JORDAN STEVEN M KANGAS TRACY D AND KOON DONALD & KAREN KOUBA LAMONT & LYNN KOVACHEVICH CRAIG N & LARSON THEODORE W LEATHAM STANLEY N & LAURA L LEAVELL WILLIAM D & LUCILE M LEMKE JEFF & WANDA J LOSH CARL H & BETTY J LYONS HAZEL R MASON NORMAN D AND MAYHEW RICHARD E & TERRI L MCGREGOR JASON & TRACI • 8/18/97 rJ-uJ ADDRESS 1027 E GRANDBURG CT 1029 E 05TH ST 1133 N SHREVEPORT AVE 1234 N SHREVEPORT AVE 992 E CROSSBILL CT 956 E WENTWORTH ST 1308 N SHREVEPORT AVE 8921 SUNFLOWER CT P O BOX 190446 3040 DUANE DR PO BOX 1228 1116 E 05TH 1093 E CROSSBILL CT 1054 E CROSSBILL CT 1047 N MAPLE CREEK AVE 997 E CROSSBILL CT 996 E ASHFORD ST 1029 N MAPLE CREEK AVE 931 E WINSLOW ST 1132 N MAPLE CREEK AVE 1229 N SHREVEPORT AVE 1046 E GRANDBURG CT 890 E WENTWORTH ST 1178 N SHREVEPORT AVE 928 E WENTWORTH ST 8306 W STATE ST 1033 E CROSSBILL CT 1028 E GRANDBURG CT 995 N MAPLE CREEK AVE 3875 E USTICK RD 1069 E CROSSBILL CT 2909 GROVER ST 991 E CROSSBILL CT 2484 SUNSHINE DR 1285 N SHREVEPORT AVE 1030 E 05TH ST 1088 E CROSSBILL CT 864 E ASHFORD ST 513 E CARLTON AVE 958 E ASHFORD ST Page 1 of 2 MERIDIAN ID 83642-4044 MERIDIAN ID 83642 MERIDIAN ID 83642-4047 MERIDIAN ID 83642-4047 MERIDIAN ID 83642-4045 MERIDIAN ID 83642-4046 MERIDIAN ID 83642-4047 BOISE ID 83704-6948 BOISE ID 83719 MERIDIAN ID 83642-5831 BOISE ID 83701-1228 MERIDIAN ID 83642 MERIDIAN ID 83642-4017 MERIDIAN ID 83642-4016 MERIDIAN ID 83642 MERIDIAN ID 83642-4045 MERIDIAN ID 83642-4052 MERIDIAN ID 83642 MERIDIAN ID 83642-4049 MERIDIAN ID 83642-4053 MERIDIAN ID 83642-4047 MERIDIAN ID 83642-4044 MERIDIAN ID 83642-4046 MERIDIAN ID 83642-4047 MERIDIAN ID 83642-4046 BOISE ID 83703-6070 MERIDIAN ID 83642-4017 MERIDIAN ID 83642 MERIDIAN ID 83642-4053 MERIDIAN ID 83642-5653 MERIDIAN ID 83642-4017 BOISE ID 83705-1623 MERIDIAN ID 83642-4045 BOISE ID 83712-7557 MERIDIAN ID 83642-4047 MERIDIAN ID 83642 MERIDIAN ID 83642-4016 MERIDIAN ID 83642 MERIDIAN ID 83642-2362 MERIDIAN ID 83642 u METZGER SHELLEY MILLER RUSSELL S & GINA S MORGAN SCOTT W & JODI MORGAN SHERRY A AND MUGELE NICHOLAS F NELSON RYAN X & JILL A OLMEDA ANGEL JR & ELLY OVERTON NORA B RANGE BRENT K & LISA R RICE DOROTHY G RICH H L RUMSEY CLIFFJOHN & TRACI RUSH KAREN S SMITH BARBARA A SMITH LENORA M SNODGRASS MICHAEL D & ANGELA D STEVENSON DAVID A STEWART DIANA STOPPELLO ANTHONY L STUTZMAN DARLENE Y THOMAS CHARLES L & ANGELLA L THOMASSON DAVID C & BRENDA D THORNTON SCOTT J & DENICE TRAMPE LAUREN WAND TURNER JARED P & KRISTINE A VALLETTA LOUIS A VANG CHER C & KA MOUA WATKINS TERRY B & C LYNN WELDON EVERETT E & SHERRI L WHEELER KATHY J WHITNEY CLAYNE F AND WOOD WILLIAM ALLAN & MINDY J YOUNG BRIAN & MELISSA M YOUNG RICK L Mailist 899 E WINSLOW ST 963 E WINSLOW ST 1020 E CROSSBILL CT 1010 N MAPLE CREEK AVE 1092 CATHY LN 966 E WINSLOW ST 1146 N SHREVEPORT AVE 532 E STATE AVE 1069 N MAPLE CREEK AVE 512 E STATE AVE 512 E CARLTON AVE 912 E ASHFORD ST 888 E ASHFORD ST 1124 CATHY LN 1165 N SHREVEPORT AVE 1341 N SHREVEPORT AVE 1151 N MAPLE CREEK AVE 1062 CATHY LN 20762 GRAVELLY LN 1154 CATHY LN 1117 N MAPLE CREEK AVE 1115 E 05TH ST 1284 S ASHLEE PL 1101 N SHREVEPORT AVE 1251 N SHREVEPORT AVE 1210 N SHREVEPORT AVE 1272 N SHREVEPORT AVE 1143 N MAPLE CREEK AVE 923 E ASHFORD ST 957 E WENTWORTH ST 524 E STATE AVE 1401 N STONEHENGE WAY 1197 N SHREVEPORT AVE 1042 CATHY LN Page 2 of 2 8/18/97 MERIDIAN ID 83642-4048 MERIDIAN ID 83642-4049 MERIDIAN ID 83642-4016 MERIDIAN ID 83642-4053 MERIDIAN ID 83642-2366 MERIDIAN ID 83642-4049 MERIDIAN ID 83642-4047 MERIDIAN ID 83642-2353 MERIDIAN ID 83642 MERIDIAN ID 83642-2353 MERIDIAN ID 83642-2363 MERIDIAN ID 83642-4052 MERIDIAN ID 83642-4052 MERIDIAN ID 83642-2368 MERIDIAN ID 83642-4047 MERIDIAN ID 83642-4047 MERIDIAN ID 83642-4053 MERIDIAN ID 83642-2366 WILDER ID 83676-5344 MERIDIAN ID 83642-2368 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642-4047 MERIDIAN ID 83642-4047 MERIDIAN ID 83642-4047 MERIDIAN ID 83642-4047 MERIDIAN ID 83642-4053 MERIDIAN ID 83642-4052 MERIDIAN ID 83642-4046 MERIDIAN ID 83642-2353 MERIDIAN ID 83642-4011 MERIDIAN ID 83642-4047 MERIDIAN ID 83642-2366 r. L *' 'e0 • f'J-u Engineers Surveyors Planners Project: 11216-06 Date: August 21, 1997 ELVIRA SUBDIVISION A PLANNED UNIT DEVELOPMENT ANNEXATION LEGAL DESCRIPTION A portion of land within the East 1/2 of the NW 1/4, and in the West 1/2 of the NE 1/4 of Section 7, T.3N., RAE., B.M., Meridian, Ada County, Idaho, as shown on Record of Survey No. 3832 filed as Instrument No. 97023999 in the records of Ada County, Idaho, more particularly described as follows: Commencing at a found brass cap at the center 1/4 corner of said Section 7; thence North 00034'46" East, 957.00 feet (58 rods) along the North/South midsection line to the TRUE POINT OF BEGINNING; thence along a line parallel with the East/West midsection line, North 89°33149" East 301.05 feet to a point on the Westerly boundary of the Danbury Fair Subdivision No. 4, said point is also 301.00 feet East of and at right angles with the North/South midsection line; thence North 00034'46" East, 877.66 feet along a line parallel with said North/South midsection line and also the West boundary of said Danbury Fair Subdivision No. 4 to a point on the South line of the lands owned by Elnora L. Johnson, as shown in the recorded warranty deed, Instrument No. 733586; thence continuing North 00 34 46 East 182.24 feet (formerly North, 140.00 feet as shown in said deed Instrument No. 733586) along the West line of the Danbury Fair Subdivision No. 5 and along a line parallel with and 301.00 feet Easterly of the mid-section line of said Section 7 to a point on the Northerly line of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of said Section 7 and the Northwest corner of said Danbury Fair Subdivision No. 5; thence North 89 ° 42' 37" West 301.00 feet (formerly West, 301.00 feet as shown in said deed Instrument No. 733586) along said Northerly line of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4 to the Northwest corner of said Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 7; thence South 00°34'46" West 180.72 feet (formerly South, 140.00 feet as shown in said deed Instrument No. 733586) along said North/South mid-section line of said Section 7; thence continuing South 00034'46" West 36.90 feet along said North/South midsection line to the Northernmost corner of Block 13 of the Vacated Plat of the Second Cottage Home Addition to Meridian; f-J-uJ Engineers Surveyors Planners Annexation Legal Description August 21, 1997 Page 2 thence South 38030'33" West, 244.02 feet along the Northwesterly line of said Block 13 to an angle point in said Block 13, said angle point is 150.00 feet West of and perpendicular to said North/South midsection line; thence South 00034146" West 926.26 feet along the West line of said Block 13, said line is 150.00 feet West of and parallel with the said North/South midsection line, to a point; thence South 89025'14" East 150.00 feet along a line at right angles with said North/South midsection line to a point on said midsection line; thence North 00034146" East 272.64 feet along said North/South midsection line to the TRUE POINT OF BEGINNING; Containing 10.85 acres, more or less. SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. GAL:Idw Prepared by: J -U -B ENGINEERS, Inc. Gary A. Lee, P.E./L.S. F:\PROJECTS\11216\ADMIN\LEGALS\Annex Legal. doc s a a, ►�� -_� IL 4t ir doommomm - gso— �Wi� ,wmmwwAma. !6 AL -�q► �....=. mei r �•_ wm.e® T `' `r��mmoul"_ SEP -12-1997 10:12 BRS AR04ITECTS 208 336 838 P. 03/w TOTAL P.03 ® <® E o 1 01o J rn r rn JA I ARM I laur 0 � � 3 ®l6 o 8 E �A � TOTAL P.03 N 52_ r-- DEED air, u FOR WARRAN'T'Y A oA .... :D. y .. •. O RECORDEri B 'For Volvo Raaived NOR71 B. yOVERTON, a widow 192 PIRA 19 PFI 4 .. £ tM grantor : does hereby grant, bargain, sell and convey unto 1: r 3r. 4 f t ' CROW husband and wife r + 5 BILL CROW and RUTH . . W{ 1709 W. Jefferson,;8oiseIdaho �^ 15• toy's, the foUowiza=described premises. to- f x_ ,•.. q r the. gran _ -rf�: yam' ;Commencing at the.;Nk corner of Sect 7, Township 3 North,. , e �',' ' Range 1 East, Do Meridian, Ada County, Idaho; r Y Thence running South 0°12137" East a distance of 803.28. r :feet to the REAL, POIDTI' Or BEGINNING1 Thence East'101.00 feet to a point; ; Thence South -0°12'37" East a distance of 883.00 iset to :a points Thence West 301.00 feet to a point; Thence South 0012137" East a distance of 287.65 feet to a point; Thence South 89°39140" West a distance of 151.55 feet to a points Thence North 285.96 feet to a brass cap marking boundary of Meridian City Limits; Thence North 0°37105" East a distance of 640.30 feet to I a points Thence Nor -1: 36021123" East a distance of 237.08 feet to a point; Thence North 0012137" West 54.38 feet to the REAL rOINr OF BEGINNING. Together with all water and water rights, ditch and ditch tights appurtenant thereto. TO HAVE AND TO HOLD the said Premises. with their appurterlaftceo hereby the said es gnat ADd , tt.eir heirs and assigns forever. And the said Grantor dot said premisa:thant �said with the said Grantees, ti >.t s he is the owner in fee simple premises are free from an l,.eumbranoes and that s M wi warrant and �de end the same from all lawful claims whatsoever. Dated: STATE OF IDAHO, UOU!�"IY OF 973 . On this "r'L day o before me. a eetary p.tblie in afor said State. personally appeared I _ erton, a widow .be Be Same is taia �W� k ts iiiattntmeet, and acknowledged to . 6" she esKut.A the sane. an th� 't �• '� Notary PubBe Meridian •Idaho siC.pr��-' ✓r/mss/� ✓ r STATE OF IDAHO. COU'%T] OF I hereby certify that this instrument wan died for record at the request of at minutes past o'eloelt t0. cis day of 19 , in my tea* and duty recorded in Bae! of Deeds at pass ——�—OAlcio i:etorder — Br Depaq. Fees t Mail to: Capitol Title CoIllpany DOISe. IDAHO C x P3 a p 6 SX6200s*`3 DEED OF DISTRIBUTION SY PERSONAL REPRESENTATIVE 8635831 THIS DEED, Made by Einora L. Johnson, as Personal Representative of 'the Estate of Floyd T. Johnson, deceased, Grantor, to Elnora L. Johnson, Trustee of the Testamentary Trust of Floyd T. Johnson, deceased, Grantee, whose address is 8306 State Street, Boise, Idaho 83703. WH*REA3, Grantor is the qualified Personal Representative of said estate, filed as Probate Number 3P-9988 in Ada County, Idaho; and WHEREAS, Grantee is entitled to distribution of the hereinafter described real property; THERE?OZE, for valuable consideration received, Grantor conveys and releases to Grantee the decedent's interest in the following described real property in Ada County, I& -ho: Lots 1,-•2, 3, and 4, Block 1, Grandview Park Subdivision, according to the plat thereof, as recorded in Book 4 of plats at page 186, records of Ada County, Idaho. ALSO Block Z3 Lots 3 and 6 and the East Half of Lot 4,:Mccartys Second Addition, Ada County, Idaho. ALSO Part of the Northwest Quarter of the Northeast Quarter o` Section 7, Township 3 North, Range 1 East, B.14., in Ada County, Idaho, more particularly described as follows: Co'rencing at a point 330 feet East of the Northwest corner of the :northwest Quarter of the Northeast Quarter of Section 7, Township 3 North, Range 1 East, 3•:-, in Ada County, Idaho, the real place of beginning, :hence mast 588 feet along the North amine of said Section to a point; thence South 660 feet, more or less, to the South line of the North Half of the :thwest Quarter of the Northeast Quarter of said Section; thence West along said line, 588 feet to a point; thence North 660 feet, "tore or less to the real ;lace of beginning; EXCEPTING THEREFROM THE FOLLOWIN: DESCRIBED TRACT OF :.:,ND, TO -WIT: Z--,%nmencinq at 3 point on he North line of the Northwest Q_arter of the wortieast Quarter of said Section 7, =Dw :snip 3 :forth, Range 1 East, 3.1. , in Ada County, Idaho, 916 feet East o: tza NO: tawest corner thereof, :he real point of beginnin;; thence South, at right angles, l70 feet. and parallel with the East line of said ;northwest Quarter of he Northeast Quarter of said Section 7; thence at right angles, and parsllel with the North line of Section 7, t-test a distance of 83 feet: thence North andparallel with the East line of the Nor -rawest Quarter o. the Northeast Quarter of said Section 7, 170 feet to the North line of said Section 7; thence in an Easterly direction. on said DEED OF DISTRIBUTION BY ?ERSONAL REPRESENTATIVE, P. 1 North line, to the real point of beginning► together with all water, water rights, ditches and ditch rights- ALswaY appurtenant thereto or connected therewith. A part of the Northwest Quarter of the Northeast Quarter of Section 7, Township 3 North, Range 1 East Of the Boise Meridian, in Ada County, Idaho, more particularly described as followss Beginning at the Southwest corner of the Northeast Quarter of said Section 7; thence North along the North-South mid-section line of said Section 7 a distance of 58 rods to a point) thence continuing North aionQ the Borth -South paid -section line of said section line a distance of 883 feet to the real point of beginnings thence East a distance of 301 feet to a Point ; thence North 140 feet to a point; thence West a distance of 301 feet to a point on the north -South mid-section line of said Section 7s thence South along said mid-section lint a distance of 180 feat to the real point of beginning. ALSO Lot 7 and the Northwesterly 10 feet of Lot 8, Block 6, McCarty's SecOrd Addition, Ada County, Idaho. ALSO Lot 8, except the Northwesterly 10 feet, in Block 6, McCarty* Second Addition. Ada County, Idaho. ALSO Lot 7 of Block 3 of Fairview Acres Subdivision No. 1, according to the plat thereof filed in Book 10 of Plats at page 532, records of Ada County, State of Idaho. ALSO Of Lots 1, 2, and 3 and the W sting Half ofnLot 41 /Block �3ley andacated part St reefei McCarty's Second Addition, Acta County, Idaho. - The real property herein described being together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining= Subject to all easements and rights-of-way of record or appearing on the land. DATED this 30th day o: way, 1986. E Fora L. Ionnsonv " Personal Representative of the Estate of Floyd T. Johnson, dace*•sed DEED OF DISTRIBUT1014 BY PERSONAL RLPRESENTATIVE, P. 2 1 A STATE OF IDAHO county of Ada on this /D.-= day of Signed, a Notary F'1715riC in anhon�s—a 3tst1986, gore me, the under— Elnora L. Johnson, known to fie to be thv personally appearc.: to the within instrument as the Paraothe Representative me subscribed of !'loyd T. Johnson, deceased, and acknowledged to me that she executed the a' as such Personal Representative. IN officialwaeal3theNda�andl have hereunto ant my hand and affixed my written. y Year in this car*ifiaate first h*reinabovq oa u c for ao 'Ill•, Residing at Boise, Idalo My CouIon F.xpireas I AEC C10". fdehp, ReZuest of - ..• Capp Hurt tI�lE DATE h1Y14 SASTiDA, RICO , a 2 t Deeu:y 6.- DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE, P. 3 ASe Countl. II L Re3wet of Clw"S' CII Nimgaq TIPS .0 DATE G: G JOHN EAStIDA RECC4011t aepbte � 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 December 16, 1997, for the purpose of reviewing and considering the Application of Ron Crow, for a Conditional Use Permit for approximately 10.85 acres of land located in the E % of the NW % and in the W '/ of the NE % of Section 7, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located 650 feet South of Fairview Avenue, West of Danbury Fair Subdivision No. 4. The Application requests a Conditional Use Permit for a Planned Unit Development for 33 Single Family Lots and 8 town house lots. 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 26th day of November, 1997. WILLIAM G. BERG, JR., CITY -CLE -RK PUBLISH November 28 and December 11, 1997. _..._:.. a"_w • KM 3 v i TZ a T i I ,v. �/ e • — — m � w ? � � S ^a; aq g 01 00004 ;�Xj ' O wiAl' laic Ifli! 00 : • a I SQ �i a0-. g' E At 1I Z `'} s ff _ _�� `f# • �! s �^ ul I I0-1 _ �a 31 I I 14 t rw ! = JD407 aa, }Aa= M•/A1 A� / It s r O � �- = I• T i • 8Q X8•_1 t tLYOU oODFAM a j.w ETJOOMMs. N -e. A PLA} UWf MVELO UMT sM aoam a-1 1 Ave" }wx 201 w 1/2 MI VA AM t 1R Mw 1/A 01 �HM a�awfa-7r"7n WCTII; 1 7. T.31L, aLUL UY =Ai 2n-Yi-Baa Awomma AOA coum". som 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 October 14, 1997, for the purpose of reviewing and considering the Application of Ron Crow, for a Conditional Use Permit for approximately 10.85 acres of land located in the E '/ of the NW % and in the W % of the NE % of Section 7, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located 650 feet South of Fairview Avenue, West of Danbury Fair Subdivision No. 4. The Application requests a Conditional Use Permit for a Planned Unit Development for 33 Single Family Lots and 8 town house lots. 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 26th day of September, 1997. PUBLISH September 26, and October 10, 1997. f r Qi BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION , W jro' r RON CROW � O APPLICATION FOR CONDITIONAL USE PERMIT o TO DEVELOP ELVIRA SUBDIVISION+ 650 FEET SOUTH OF FAIRVIEW AVE., WEST OF DANBURY FAIR SUBDIVISION NO. 4 MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled application having come on for public hearing on October 14, 1997, at the hour of 7:00 o'clock p.m., the Applicant, appearing through his representative, Gary Lee, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. The notice of public hearing on the application for a conditional use permit was published for two (2) consecutive weeks prior to said public hearing scheduled for October 14, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 14, 1997, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property is located within the City of Meridian 650 feet south of Fairview Avenue, west of Danbury Fair Subdivision. The property is described in the application for a FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 CONDITIONAL USE PERMIT - EI;iIRA SUBDIVISION/RON CROW Finalized 10-24-97 Y I t conditional use permit, which description is incorporated herein as if set forth in full. The Applicant is not the owner of record of the property however, the record owners, Ruth Crow and Elnora Johnson, have consented to this application of the Applicant for a conditional use permit. 3. Pursuant to the application, the property is presently zoned by Ada County as RT, to be rezoned R-8., Medium Density Residential Development, and is vacant. The Applicant intends to develop a Planned Unit Development, Elvira Subdivision, containing 3.78 single family lots per acre. The project will consist of 33 standard single-family lots, 8 single-family townhouse lots, plus 6 common lots. The residential subdivision lots will vary in size from approximately 6,500 square feet to 14,000 square feet. The townhouse lots will range from 3,477 square feet to 5,500 square feet. The Applicant presented a site plan depicting the location of the proposed use. Further, pursuant to the application, the Applicant agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential, commercial or industrial. 4. At the public Hearing, the Applicant's representative, Gary Lee, testified substantially as follows. The Elvira Subdivision consists of 33 single family residential lots. They range in size between 6500 and 1.4, 000 square feet. The development will also include 8 townhouse lots ranging in.size from about 3400 square feet to 5500 square feet. There will be 6 common lots FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 I ' f scattered throughout the development. The overall site density on this 10.84 acre parcel is about 3.8 units per acre, a little bit less than four. The project is located south of Fairview Avenue about 650 feet and West of Danbury Fair Subdivision. The Five Mile Creek traverses through the property and it is a designated area for future pathways. There is an existing farm bridge that crosses the Five Mile Creek Drainage at the south boundary that will either be updated or replaced for pedestrian access. To the east side, which is Danbury Fair Subdivision, there are a couple of connection points for pedestrian pathways. The Applicant has no concerns about the staff comments, except item number 1. There is an existing sewer line on Cathy Street that will have to be accommodated by Applicant. The typical corridor would be the west side of centerline, but in this case it is going to have to be on the east because of its present location, and the details can be worked out with the City Engineer. The conditional use permit portion of the Application is for a planned unit development to allow for the 8 townhouse units situated along the southwest side of the property. The townhouse lots are fairly narrow, but they are very deep. The developer/owner thinks it would be best to leave it up to potential buyers to build either 2 storys or single story townhouses, and the lots are deep enough to give flexibility for that. The lots are approximately 28 h feet wide on the average, which is enough room for a duplex unit. 5. In response to questions by Commissioner Borup, the FINDINGS OF FACT SND CONCLUSIONS OF LAW - PAGE 3 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 Applicant's representative, Mr. Gary Lee, responded substantially as follows. The ACHD comment on the extension of Carlton Ave. is a possibility for the future, but it is unknown at this time if it will be extended. The Applicant does not know the condition of the property to the south, but the Applicant did look at a turnaround at the end of the townhouse parcels with room for a turn around and only 2 or 3 lots. As to the setback on the last unit, the Applicant would like to see, if that is going to be imposed, a setback from a turnaround in lieu of going all the way through Cathy Lane which is private. The right of way currently ends at the end of Carlton on the west boundary. Five Mile Creek will not have a greenbelt constructed along it, but the Applicant will grant an easement to the City of Meridian so that it can construct the greenbelt at a later date. The footbridge will be updated and repaired, however. 6. Commissioner Smith commented that he believes single family homes instead of townhomes belong on Block 1 of the development and that the townhomes would more appropriately be located in Block 2 next to existing apartments. He believes the Applicant perhaps didn't want to extend Carlton Ave., and Block 1 was just left over, so they plunked townhomes down there. He would like to see single family homes in Block 1 with Carlton Ave. extended. In response, Mr. Lee testified that the Applicant has looked at doing that, and from a transitional standpoint, it does make more sense to put the townhouses by the existing apartment FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 I ' 1 complex, but the lots don't have the depth needed and the private driveway works better for the townhomes. 7. In response to questions by Commissioner MacCoy, Mr. Lee testified substantially as follows. The Applicant does not believe that 3.78 is very high density and the plan uses the property most efficiently and pleases the landowner, as the Applicant is interested in building townhouses. 8. In response to questions by Commissioner Smith, Mr. Lee testified that the Applicant has talked with the landowner to the south, but the landowner has not said how he plans to use or develop the property to the south. In response, Commissioner Smith said he is not opposed to the townhouses per se, but he believes they would be better placed next to the existing apartment complex and if the property to the south were infilled, his idea would work. 9. In response to further questions by Commissioner Borup, Mr. Lee testified substantially as follows. West of the townhouses are older residences, and the whole neighborhood around the proposed development is a mix of mostly older homes and some townhouses. 10. D.R. Lynn testified substantially as follows. She is the sole owner of Cathy Lane and lives in a two story home there. She intended to build her retirement home there, on lot 7, 1184 Cathy Lane, but when she learned of the proposed use of the adjoining property, she changed her mind and would like to sell Cathy Lane. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 She would like to offer it to Mr. Crow, the Applicant, for her cost of construction and on the condition that it would be maintained by Ada County and that she can have two years to sell the house she's in and move into the stairless one on lot 7 before the streets are connected. She wants as little traffic on Cathy Lane as possible. 11. Responding to questions by Commissioner Smith, Ms. Lynn testified that Cathy Lane is accessed off State Street, it is only 30 feet wide, and the County will not maintain it because it has to be 60 feet wide for them to take it and maintain it. Cathy Lane stops a long way short of Washington Ave. 12. In response to questions by Commissioner Borup, Ms. Lynn testified that Cathy Lane is not accessible from the proposed project, but she is testifying to clarify that it will not be accessible because she has had pressure to make it accessible. 13. Mr. H.L. Rich testified substantially as follows. He lives at the dead end of Carlton Ave. and would like to see single family homes on Block 1 of the proposed development instead of townhomes. Also, when Cathy Lane was originally developed, there was an agreement that there would be no two story homes, only one. He has talked to the Applicant about how much better it would look and how property values would be maintained if only single story homes are built, and the townhouses should be moved to the other side of Washington. He is also.concerned about increased traffic to the area and more children in the area with the additional housing. He would like to see the Applicant construct a chain link FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 I r fence the whole length of the property line instead of wood like the one that now exists by adjacent apartments. He opposes the project's use of two story homes and townhouses. 14. Barbara Smith testified substantially as follows. She is concerned about increased traffic with this development and doesn't want her view of an old barn to be townhouses. If there are townhouses, she wants something to block the view of them and she wants the end of Cathy Lane blocked off to prevent more traffic. 15. Gerda Dwyer testified substantially as follows. She does not oppose the project, but doesn't want two story homes or townhouses built. She represents herself, her husband, and her street, Crossbill Court. Also, there are more entrances needed because there are only two. 16. Andrew Condon testified substantially as follows. He has a twenty foot easement at the back of his property that abuts the proposed development and he would like to see a pathway on the easement. He wants only single level dwellings and more access roads. He would also like the fence continued up past his property. In response, the City Engineer, Gary Smith, commented that the current easement is a sewer easement. In response to a question by Commissioner Nelson, Mr. Condon testified that he does not want townhouses put in because all of Danbury Fair is one story dwellings and townhouses make property values go down. 17. Mary Rich testified substantially as follows. Her neighborhood is nice and the two story townhouses already there are FINDTNGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 CONLITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 not maintained the way she thinks they should be and look like low income housing and she doesn't want more of that in her neighborhood. In response to a question by Commissioner Johnson, Ms. Rich testified that she doesn't want multi -family dwellings and there will be too many people and too much traffic. 18. Mr. Lee continued his testimony substantially as follows. The market for these homes will be the smaller home as Danbury Fair has been. There are already apartments all over this neighborhood. There are 3 lots of homes with a square footage of 1001, 4 with 1101 square feet, 8 with 1201, and 18 with 1301. The 8 townhouses are 800 square feet. The Applicant wants to keep the option open for larger 2 story homes to be built on the lots, but the market will dictate the home size. Also, the townhomes will be for sale and there will be a pride of ownership just like a single family dwelling. The Applicant has complied with ACED requirements on access and has made provision for the extension of Badley. There will be a landscape buffer between Cathy Lane and the private drive. 19. In response to questioning by Commissioner Borup, Mr. Lee testified that there is no plan for access to Cathy Lane and there is no need for it. As far as ACED's recommendation for a pedestrian pathway over the 20 foot sewer easement, he doesn't have a comment to that effect from Meridian staff. Also, a 25 foot setback between the townhouses and other subdivision is a good idea and can be added to the restrictive covenants. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 20. Commissioner Smith commented that townhouses do not belong on this particular block and maybe this portion shouldn't be developed until Carlton is extended and a better plan is developed. 21. In'response to a question by Commissioner Borup, Mr. Lee testified that there is one maybe two lots to the south. 22. Gerda Dwyer testified that townhouses look funny there, would destroy the beauty of Meridian, and people would come and go too much, so they would be run down. Also, traffic is too congested and there will be no access in an emergency, which may result in someone getting killed. She does not think that just because people have money they should be able to put in whatever they want. She pays her taxes and supports the community and only wants single homes there. 23. Barb Smith testified that just because the townhomes are for sale doesn't mean they won't be used as rentals. Commissioner Johnson responded that it doesn't mean they will become rentals either. 24. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, have submitted comments, which respective comments are incorporated herein as if set forth in full. 25. The Meridian Police Department, the Nampa & Meridian Irrigation District, and Central District Health submitted comments, which respective comments are incorporated herein as if set forth in full. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 9 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 26. The Meridian Fire Department submitted comments that all common lots will need to be kept clear of trash and weeds, and that they don't like the shape of lots and the private driveway for Lots #15 and #16. Its comments. are incorporated herein as if set forth in full. 27. The Meridian Water Department submitted comments, including the comment that it recommends that a 8" water line be installed in the subdivision. Also, that they feel that the water line on Cathy Lane should be connected for a second source and that plan review will be done when the water plans are received. Its comments are incorporated herein. 28. The Idaho Power company submitted the comment that 10 - foot wide public utilities easements are required along all lots adjacent to a road right-of-way dedicated to public or private use. Its comments are incorporated herein. 29. The Ada County Highway District has or may hereafter submit comments. Its submitted comments, if any, are incorporated herein as if set forth in full, and its comments hereafter submitted shall be incorporated herein as if set .forth in full when submitted. 30. There were also comments by Tony Stopello by way of correspondence directed to the City of Meridian Planning and Zoning Commission, dated October 9, .1997. His letter is incorporated herein as if set forth in full. Mr. Stopello's comments are substantially as follows. He owns two duplexes at 5th and FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 10 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 Washington streets. He is opposed to the opening of Washington Ave., there are high density structures there now, there is a school bus pickup on the corner of 5th and Washington, and between 2 1/2 street to 5th street and on Carlton Ave., it is very narrow. The whole project lacks access. He opposes the two story townhouses because this is zoned for single story buildings and privacy would be destroyed. Additionally, if single story structures are allowed, he would like a chain link fence similar to the one north of his property separating the large apartment complex from his with privacy inserts. The development is too dense. 31. There was no additional testimony at the public hearing. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning And Development Ordinance of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 11 CONDITIONAL USE PZRMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 4. The property will be zoned (R-8) Medium Density Residential District. The R-8, Medium Density Residential District is described in the Zoning Ordinance, 11-2-408 B. 4 as follows: (R-8) Medium Density Residential District: The purpose of the (R-8) District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required.11-2-408 B. 11 as follows: 5. Pursuant to the Zoning and Development Ordinance, 11-2- 411 D 2., all new single-family detached housing in the (R-8) Medium Density Residential. District shall be constructed to contain at least 1,301 square feet of living space of which the garage is not included in determining the square footage of living space. 6. The following pertinent statement is made in the Meridian Comprehensive Plan under LAND USE, 112. RESIDENTIAL POLICIES 2.1U Support a variety of residential categories (urban, rural, single- family, multi -family, townhouses, duplexes, apartments, condominiums etc.) for the purpose of providing the City with a range of affordable housing opportunities." COMPREHENSIVE PLAN CITY OF MERIDIAN at page 23. 7. The following pertinent statement is made in the Meridian Comprehensive Plan under LAND USE, RURAL AREAS, section 6.3 c.: Within the Urban Service Planning Area development may occur in densities as low as 3 dwelling units per acre if physical connection is made to existing City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 12 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 water and sewer service and the property is platted and subdivided in accordance with Ada County Zoning and Subdivision Ordinances Policy. Development density below three dwelling units per acre may be allowed by conditional use permit if a cost/benefit analysis indicates positive impacts to the City of Meridian. COMPREHENSIVE PLAN CITY OF MERIDIAN at page 29. 8. The following pertinent statement is made in the Meridian Comprehensive Plan under LAND USE, RURAL AREAS, section 6.4: Residential development is allowed in the rural areas provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, when Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan. COMPREHENSIVE PLAN CITY OF MERIDIAN at page 30. 9. The following pertinent statements are made in the Meridian Comprehensive Plan under HOUSING, Housing Policies: 1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes and multi -family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development. 1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background, shall be encouraged. 1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged. 1.13U Infilling of random vacant lots in substantially developed, single-family areas should be considered at densities similar to surrounding development. Increased densities on random vacant lots should be considered if: a. The cost of such a parcel of land precludes FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 13 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 development at surrounding densities; or b. Development of uses other than single-family structures are compatible with surrounding development. COMPREHENSIVE PLAN CITY OF MERIDIAN at pages 67-68. 10. Section 11-9-605 C of the Zoning and Development Ordinance provides, "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (101) wide." 11. Section 11-9-605 G of the Zoning and Development Ordinance provides in part: Planting strips . . . shall conform to the following: 1. Planting Strips - Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (201) wide, and shall not be a part of the normal street right of way or utility easement; . . . . 12. Section 11-9-605 H of the Zoning and Development Ordinance provides in part: Public sites and open spaces shall conform to the following: 1. Natural Features - Existing natural features which add value to residential development and enhance the attractiveness of.the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision; 13. Section 11-9-605 J of the Zoning and Development FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 14 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 Ordinance provides in pertinent part: 6. Fences may be erected in all residential and limited office districts subject to the following: e. Any developer intending to construct a boundary fence on' the boundaries of a proposed subdivision shall show the fence on the preliminary plat and shall include with the preliminary plat the design, placement, height, specifications and drawing of said fence. 14. Section 11-9-605 R of the Zoning and Development Ordinance provides: The extent and location of lands designed for linear open space corridors should be determined largely by natural features and, to a lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi -improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural values, especially waterways, drainageways and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities. Subdivision plats or development plans shall show the location of any lineal open space corridors. 15. Section 11-9-605 L of the Zoning Ordinance provides: and Development FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 15 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobiles) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle -Pedestrian Desian Manual for Ada County (as prepared by Ada county [sic] Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 16. Section 11-9-605 M of the Zoning and Development Ordinance provides in part: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 17. In the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 A., Residential, Planned Residential Developments are listed as a conditional use, and therefore, require a conditional use permit. 18. Conditional Use Permit is defined in the Zoning And Development Ordinance, City of Meridian, Idaho as "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 19. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code Section 67-6512 and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 16 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CRUW Finalized 10-24-97 time period for which a conditional use may be in existence. 20. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council,may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 21. This Application for a conditional use has been judged upon the basis of guidelines contained in Section 11-2-418 of the Zoning And Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67, Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 22. Section 11-2-418 C of the Zoning And Development Ordinance of the City of Meridian sets forth.the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. Upon a review of those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan and the Zoning Ordinance; FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 17 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 C. The use is designed and is to be constructed to be harmonious in appearance with the character of the general vicinity; that if the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; e. The use will be served adequately by essential public facilities and services such as highways, streets,. police and fire protection, drainage structures, refuse disposal, water, and sewer if the conditions are met; f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; g. If the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. The use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and i. The development of the property will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 23. As conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended Commission that the following by the Planning and Zoning conditions of granting the conditional use be required, to wit: a. The conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner or lessor of FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 18 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 the subject property or to another property; b. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, Meridian Fire Department, Meridian Police Department, Meridian Sewer Department, Central District Health Department and Nampa & Meridian Irrigation District and other governmental agencies submitting comments; C. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications; d. All ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Fire and Life Safety Codes, all parking and landscaping requirements; e. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Five Mile Creek is specifically excluded from the tiling requirement. Plans shall. be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. f. 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. g. The Applicant is to determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with street development plans. h. The Applicant is to provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. i. Water service to this development is contingent upon Positive results from a hydraulic analysis by our computer model. j. The Applicant is to submit a letter from the Ada County Street Name Committee, approving the subdivision and street names. The Applicant must make any corrections FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 19 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 necessary to conform. k. The Applicant is to coordinate fire hydrant placement with the Meridian Public Works Department. 1. Sanitary sewer service to this site could be via service line taps into the existing City of Meridian trunk lines which pass through the property, or from extensions from the existing trunk line system. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. The Applicant will be responsible to construct the sewer mains to and through this proposed development. The subdivision designer is to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. M. Water service to this site could be via extensions of existing mains installed in adjacent developments. The Applicant will be responsible for constructing the water mains to and through this proposed development. The subdivision designer is to coordinate main sizing and routing with the Public Works Department. n. The conceptual engineering plan submitted with the application indicates that this development's pressurized irrigation system is going to connect to the existing system in the Danbury Fair Subdivision. The pressurized irrigation system in the Danbury Fair Subdivision is owned and maintained by the Nampa & Meridian Irrigation District. Any proposal for a supplementary connection from the City's water system will need to be reviewed closely due to the size of the area to be watered. The Developer shall be responsible for the payment of assessment and meter fees associated with said supplementary connection. o. One -hundred -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at the subdivider's expense. Typical locations. are at street intersections and/or fire hydrants. p. A detailed landscape plan for the common areas, including fencing locations and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 20 CONDITIODAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 on the final plat. q. The Applicant shall construct six -foot -high, permanent, non-combustible perimeter fencing except where the City has expressly agreed, in writing, that such fencing is not necessary. Fencing is to be in place prior to applying for building permits. r. The Applicant shall construct six -foot -high, permanent, non-combustible fencing on both sides of the easement for Five Mile Creek. Rear lot lines along Five Mile Creek shall be set at the existing easement line, unless an encroachment agreement is granted by the Nampa -Meridian Irrigation District. Be Five Mile Creek is designated as a multiple use pathway in the Meridian Comprehensive Plan. No encroachment of the easterly easement boundary should be permitted. It would be desirable if landscaping could be completed by the individual homeowners on the western side of Five Mile Creek (similar to Running Brook Estates and Meridian Green Subdivision) in lieu of fencing. If this is not feasible, fencing on the western side of Five Mile Creek should be placed a minimum of five feet from the top of bank to prevent inherent problems associated with eroding slopes. t. The preliminary plat indicates that the existing agricultural bridge crossing the Five Mile Creek shall remain as a pedestrian access. This bridge is an old dilapidated railroad flat car frame. At this time, there isn't even any decking across the top of it. The developer shall replace or upgrade the pedestrian access bridge, including providing decking and handrails. The bridge should also be brought up to an elevation that would be even with the access path. The location of this existing bridge coincides with the common drainage lot in Danbury Subdivision No. 5, which could easily provide an inter -neighborhood connection. The existing 30 -foot -wide right-of-way for E. Washington Avenue will be maintained as public right-of-way for pedestrian access to Five Mile Creek. u. There are several ditches crossing the property; however, the conceptual engineering plan doesn't show how they will be treated. The Applicant will revise the plan to show all proposed piping of irrigation/drainage ditches, or show that they are to be abandoned in place. Compaction test results must be submitted to the Meridian Building Department for all lots impacted by the filling FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 21 C014DITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 of said ditches. v. Applicant proposes 42 -foot -wide streets in portions of the development. Ada County Highway District has agreed to a 42 -foot -wide right-of-way in cases where the streets are non -continuous. W. A 20 -foot -wide private drive to access eight townhouse units is proposed paralleling Cathy Lane, a substandard private road to the east. Between Cathy Lane and the private drive, an eight -foot -wide landscaped strip is proposed. To provide adequate room for emergency vehicle access and turnarounds, a portion of the landscape strip at the end of the private drive should not be constructed to allow access to Cathy Lane. The Applicant shall coordinate with the Meridian Fire Department and comply with their requirements. X* No sanitary sewer easement for the existing sewer line in Cathy Lane is shown on the preliminary plat map. Applicant is to verify if an easement exists for the line. If no such easement exists, the Applicant will need to obtain easements to allow connection to existing sewer and waterlines in the lane. y. The Applicant will revise the legend to include all easements and symbols shown on the plat. z. The preliminary plat map seems to indicate that Carlton Avenue extends further east from its existing constructed terminus. Our records indicate the right-of-way ends a the westerly boundary of the proposed development. The Applicant will verify and revise map as needed. aa. A portion of Cathy Street is proposed to be constructed within the Five Mile Creek easement and would be immediately adjacent to the top of bank of the Creek. Appropriate traffic/pedestrian safety devices shall be installed along this section, as well as for the roadway crossing of Five Mile Creek. Pedestrian walkways and railings shall be added to the bridge. bb. Proposals for Planned Unit Developments must include a minimum of ten percent common area. Provided the easement of Five Mile Creek is considered to meet the requirements for common area by the P&Z Commission and Council, this development would exceed that requirement, and shall remain as is. cc. This infill project will require special design FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 22 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 consideration in order for the property to be reasonably developed. Even though a zoning of R-8 has been requested, the resultant gross density shall remain less than 4 per acre. 24. The above -conditions are concluded to be reasonable and the Applicant shall meet these conditions. 25. It is recommended that if the Applicant meets the conditions stated above that the conditional use permit be granted to the Applicant. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP COMMISSIONER MACCOY COMMISSIONER SMITH COMMISSIONER NELSON CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED �- VOTED VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 23 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the Application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking requirements, and the paving and landscaping requirements, and all Ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: APPROVED: DISAPPROVED: u(t� 11 - FINDINGS OF FACT AND CONCLUSTONS OF LAW - PAGE 24 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 CITY OF MERIDIAN RESEARCH REQUEST Name: E 'Z'k 2 � v Date:Phone:1— Time: Description: ��f5 4 ind r n � s 5 ►, � � �� e c Sl lh CNS \/R (U 0" "('f aJ d �l r✓1.2 rl f --_ Ord00 etc 5A_ Results/Findings: CA_ - REQUESTOR'S SIGNATURE: -------------- # of pages: .2 ev) Date/Fin' ed: Te g infor iq St�Comm � L Time required: 30 rn i n t,.c.lcn Stnts. Pc c�Pi {� � 4-4 az 4 (-e, 1J0' Wl r , (A_) I �i TIS 1'1 • • 1 0 0 . ......ter... ,� ..�..:�. .... r.. �.. W.n ; OF I Mc��iURt = � E �'Id Nn • 1 ttvwu a�aNrat s •..i.� A RAI UR OYYRCPM ► J•W ENGKE11t. Me. yt q� mmmm � AaO�t "a »I 4w�� nd, rte ttA.tiFAtti M 1/i 1! 1/+ AM ! Vi ww VA C/ WCTWW 1. I.M. LIL W wom"m AM COIN". MOM it • $ p1 J's y 1� t 07F':i7� jd • O '� ......ter... ,� ..�..:�. .... r.. �.. W.n ; OF I It - t J ax I I r R r!F � � ■ fill If _ i �1 t {• �� tr it 17'y's �. -j2e il_ It .7 • t _ �; �� t � � ti� j ` i= j.# it �. t - SEQ �%E `CrttE G'IZi _e5-1Z50P NAE 12+ It r -�- �I O • I I- i rl OBJ_ t �4 i T .1_ t rO�-,-t I j� ■ ArsSf. L OMAN MMW }a = � E �'Id Nn • 1 ttvwu a�aNrat s •..i.� A RAI UR OYYRCPM ► J•W ENGKE11t. Me. yt q� mmmm � AaO�t "a »I 4w�� nd, rte ttA.tiFAtti M 1/i 1! 1/+ AM ! Vi ww VA C/ WCTWW 1. I.M. LIL W wom"m AM COIN". MOM it • $ p1 J's y t 07F':i7� jd • O '� Liz r l A skRk till Si s1 t Is It - t J ax I I r R r!F � � ■ fill If _ i �1 t {• �� tr it 17'y's �. -j2e il_ It .7 • t _ �; �� t � � ti� j ` i= j.# it �. t - SEQ �%E `CrttE G'IZi _e5-1Z50P NAE 12+ It r -�- �I O • I I- i rl OBJ_ t �4 i T .1_ t rO�-,-t I j� ■ ArsSf. L OMAN MMW }a 116 0 its I'A1-,.D • = � E �'Id Nn • 1 ttvwu a�aNrat s •..i.� A RAI UR OYYRCPM ► J•W ENGKE11t. Me. yt q� mmmm � AaO�t "a »I 4w�� nd, rte ttA.tiFAtti M 1/i 1! 1/+ AM ! Vi ww VA C/ WCTWW 1. I.M. LIL W wom"m AM COIN". MOM 116 0 its I'A1-,.D • n • • • • • tFor2Fie PeopCe of IcCn(o* REcEiVED �h Eti MAR 2 laa8 iTY ® z: cgIDIAN STATE TA% COMMISSION 800 Park Blvd. Plaza IV • Boise. ID • 83722 March 19,1998 Will Berg, City Clerk City of Meridian 33 E Idaho Meridian Id 83642 Subject Orcfinance CKs 782 and 784 Dear Will: The Idaho State Tax Commission has reviewed and processed the following action(s): Ordinance Vs 782 and 784 When this annexation is completed, any changes dictated by this actions) will appear on the 1999 tax code maps. Sincere/, Jeff Servatius GIS Systems Analyst, Technical Support Bureau PC: County Assessor County Clerk Equal Opportunity Employer Hearing Impaired Callers TDD 1-800-377-3529 S IVISION EVALUATION EET'"' MAR 2 3 1.,98 Proposed Development Name STERLING CREEK (ELVIRA) City�— 'Irak. Date Reviewedn3/1 9/88 Preliminary Stage Final XXX Engineer/Developer J.U.B. Engr. / Ron Crow The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMM t John Priester Date Ann Hurley Date n Representative l " � Date S Representative XII - MAN`�Y� Date Ada County Engineer Ada Planning Assoc City of Meridian Fire District Meridian ,TIVES OR DESIGNEES NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed M! Subindex Street Index 3N JE 7 Section NUMBERING OF LOTS AND BLOCKS GZG Cis TR\SUBS\SM CITY.FRM H ► rcl •► i The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMM t John Priester Date Ann Hurley Date n Representative l " � Date S Representative XII - MAN`�Y� Date Ada County Engineer Ada Planning Assoc City of Meridian Fire District Meridian ,TIVES OR DESIGNEES NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed M! Subindex Street Index 3N JE 7 Section NUMBERING OF LOTS AND BLOCKS GZG Cis TR\SUBS\SM CITY.FRM I� c� te!..�� M m two iw lop 41 HIP p MERIDIAN CITY COUNCIL MEETING: DECEMBER 16.1997 APPLICANT: RON CROW ITEM NUMBER: 8 REQUEST: PUBLIC HFA,RING: CONDITIONAL USE PERMIT FOR ELVIRA SUBDIVISION AGE=NCY 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 FOR 1044-97 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" SEE ATTACHED COMMENTS G( U G 61 ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: SEE ATTACHED COMMENTS INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Alj Materials presented at public meetings shall become property of the City of Meridian. JAN - 5 2000 CITY Cf' NtE1it1DWN AclaCoudVWiq4waV Sherry R. Huber, President 318 East 37th Street Judy Peavey -Derr, vice President Garden City, Idaho 133/14-b499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: telius@achd.ada.id.us October 12, 1999 Ron Leslie 1185 Osprey Ridge Eagle, Idaho 83616 RE: Sterling Creek Subdivision Dear Mr. Leslie: The Ada County Highway District has reviewed the proposed change in landscaping at the storm water detention pond located at Lot 39, Block 1. The District has no objections to replacing the sod with large stone cobbles. If you have any questions or concerns, please feel free to contact me at 387-6180. Sincerely, Gary Inselman Planning and Development ** TX CONFIRMA0 REPORT ** AS OF JAN 05 '005:48 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 11 01/05 15:47 2088886854 EC --S 00'20" 001 249 OK REC;E1\rED JAN - 5 2000 CITY OF MERIDIAN -4du Count AqLay '2)i3 tri't Sherry R, Huber. President 318 East 37th Street CAf1f1 Judy Peavey -Derr. vice President \Ja"'"' -y' Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens. Commissioner Fax (208) 387.6391 Susan S. Eastlake, Commissioner E-mail: tellusQachd.ada.id.us October 12. 1999 Ron Leslie 1185 Osprey Ridge Eagle, Idaho 83616 RE: Sterling Creek Subdivision Dcar Mr. Leslie: The Ada County Highway District has reviewed the proposed change in landscaping at the storm water detention pond located at Lot 39, Block 1. The District has no objections to replacing the sod with large stone cobbles, If you have any questions or concerns, please feel free to contact me at 387-6180. Sincerely, Gary Insclman Planning and Development L] T 98003`180 ;EccR0E_p F. g SE ID 1 '9 J,15 06 ORDINANCE NO. 782 RECC.' _ ,i =,EQU T OF AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF LAND WITHIN THE EAST 3-� OF THE NW 3'a, AND IN THE WEST ;z OF THE NE 34 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE -MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, AS SHOWN ON THE RECORD OF SURVEY NO. 3832 FILED AS INSTRUMENT NO. 97023999 IN RECORDS OF 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 annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A portion of land within the East 3i� of the NW 34, and in the West 3� of the NE 34 of Section 7, Township 3 North, Range 1 East, B.,M., Meridian, Ada County, Idaho, as shown on Record of Survey No. 3832 filed as Instrument No. 97023999 in the records of Ada County, Idaho, more particularly described as follows: Commencing at a found brass cap at the center 34 corner of said Section 7; Thence North 000degrees 34146" East; 957.00 feet (58 rods) along the North/South midsection line to the TRUE POINT OF BEGINNING; Thence along a line parallel with the East/West midsection line, North 89 degrees 33149" East 301.05 feet to a point on the Westerly boundary of the Danbury Fair Subdivision No. 4, said point is also 301.00 feet Elvira Annexation and Zoning Ordinance PAGE 1 CJ East of and at right angles with the North/South midsection line; Thence North 00 degrees 34'46" East, 877.66 feet along a line parallel with said North/South midsection line and also the West boundary of said Danbury Fair Subdivision No. 4 to a point on the South line of the lands owned by Elnora L. Johnson, as shown in the recorded warranty deed, Instrument No. 733586; Thence continuing North 00 degrees 34146" East 182.24 feet (formerly North, 140.00 feet as shown in said deed Instrument No. 733586) along the West line of the Danbury Fair Subdivision No. 5 and along a line parallel with and 301.00 feet Easterly of the midsection line of said Section 7 to a point on the Northerly line of the Southwest 14 of the Northwest '4 of the Northeast 1-4 of said Section 7 and the Northwest corner of said Danbury Fair Subdivision No. 5; Thence North 89 degrees 42'37" West 301.00 feet (formerly West, 301.00 feet as shown in said deed Instrument No. 733586) along said Northerly line of the Southwest 14 of the Northwest 14 of the Northeast 14 to the Northwest corner of said Southwest 14 of the Northwest k of the Northeast 4 of Section 7; Thence South 00 degrees 34'46" West 180.72 feet (formerly South, 140.00 feet as shown in said deed Instrument No. 733586) along said North/South midsection line of said Section 7; Thence continuing South 00 degrees 34146" West 36.90 feet along said North/South midsection line to the Northernmost corner of Block 13 of the Vacated Plat of the Second Cottage Home Addition to Meridian; Thence South 38 degrees 30'33" West, 244.02 feet along the Northwesterly line of said Block 13 to an angle point in said Block 13, said angle point is 150.00 feet West of and perpendicular to said North/South midsection line; Thence South 00 degrees 34'46" West 926.26 feet along the West line of said Block 13, said line is 150.00 feet West of and parallel with the said North/South midsection line, to a point; Thence South 89 degrees 25'14" East 150.00 feet along a line at right angles with said North/South midsection Elvira Annexation and Zoning Ordinance PAGE 2 • line to a point on said midsection line; Thence North 00 degrees 34146" East 272.64 feet along said North/South midsection line to the TRUE POINT OF BEGINNING; Containing 10.85 acres, more or less. SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. is hereby annexed to the City of Meridian, and shall be zoned Medium Density Residential (R-8); that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning; that the Applicant shall pay any impact development fee or transfer fee adopted by the City of Meridian as a condition of annexation and if not paid the land ,,. shall be de -annexed. Section 2. That the property shall be subject to de - annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. C. That, as a condition of annexation, the Applicant shall enter into a development agreement as authorized by 11- 2-416 L and 11-2-417 D; that the development agreement shall address the following, among other items: 1. Inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L, and M, of the Revised and Compiled Ordinances of the City of Meridian. Elvira Annexation and Zoning Ordinance PAGE 3 0 i 2. The Applicant and owners of the property, and if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact development fee or transfer fee adopted by the City. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. That if these conditions of approval are not met the property shall be subject to de -annexation. g. That the requirements and conditions of the Findings of Fact and Conclusions of Law, and the Ordinances of the City of Meridian shall be met. Section 3. That if the Applicant shall fail to meet the above conditions the property shall be subject to de -annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. Section 4. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 5. 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. Elvira Annexation and Zoning Ordinance PAGE 4 • PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 6 fti day of January, ATTEST.: LLIAM G. BERG, JR,/-7 CITY CLERK STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G. BERG, JR., 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 ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF LAND WITHIN THE EAST 11 OF THE NW 14, AND IN THE WEST 3.1 OF THE NE k OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE -MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, AS SHOWN ON THE RECORD OF SURVEY NO. 3832 FILED AS INSTRUMENT NO. 97023999 IN RECORDS OF ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE," passed as Ordinance No. 78 2 , by the City Council and Mayor of the City of Meridian, on the 6 fs day of January, 1998, as the same appears in my office. DATED this day of January, 1998. Of- `v,��tttrtntnrrr,, ty Clerk, City of4leiidian 3 8EA r _Ada County, Idaho ,''','h4lrllllllf tll```,,``` Elvira Annexation and Zoning Ordinance PAGE 5 • • STATE OF IDAHO,) ss. County of Ada, ) On this day of N,9- x , 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 1. tp >� �()I A I? SEAL = N VBL�G t Elvira annex. zd rjI'�`t 12\23\97 -Final g at Meridian, ission Expires 0 Idaho Elvira Annexation and Zoning Ordinance PAGE 6 • Meridian City Council January 6, 1998 Page 9 Corrie: Motion made and second that we table for January 20"', item #5, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: ORDINANCE #782 — ELVIRA SUBDIVISION ANNEXATION: Corrie: THIS IS AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED A PORTION OF THE LAND IN THE E % OF THE NW % AND THE W '/s OF THE NE % OF SECTION 7, T.3N, R.1 E, B. M, MERIDIAN, ADA COUNTY, IDAHO AS SHOWN ON THE RECORDS OF THE SURVEY #3832 FILED AS INSTRUMENT NO. 97023999 IN THE RECORDS OF ADA COUNTY IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #782 read in its entirety. Hearing none I will entertain a motion for the Council on Ordinance #782. Bentley: Mr. Mayor, I move we adopt Ordinance #782 with the suspension of rules. Tolsma: Second Come: Motion made and second that we adopt Ordinance #782 with the suspension of rules, roll call vote. ROLL CALL VOTE: Morrow — Yea, Bentley — Yea, Tolsma — Yea, Rountree — Absent MOTION CARRIED: All Yea ITEM #7: ORDINANCE #783 — FUTURE PARK ANNEXATION: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SE % OF THE SECTION 36, TAN, R.1W, B.M. ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #783 read in its entirety? Hearing none, what is the Council's pleasure on Ordinance #783? Bentley: Mr. Mayor, I move we adopt Ordinance #783 with the suspension of rules. Tolsma: Second Corrie: Motion made by Mr. Bentley, second by Mr. Tolsma to accept ordinance #783 with the suspension of rules, roll call vote. ROLL CALL VOTE: Morrow — Yea, Bentley — Yea, Tolsma Yea, Rountree — Absent Meridian Planning & Zo Commission October 14, 1997 Mage 49 Johnson: We have a motion and a second to continue the public hearing for a conditional use permit for Mr. Tom Bevan to November 12 our next regularly scheduled meeting. All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO R-8 FOR ELVIRA SUBDIVISION BY RON CROW — 650 FEET SOUTH OF FAIRVIEW AVENUE, WEST OF DANBURY FAIR SUBDIVISION NO. 4: Johnson: At this time I will open the public hearing and ask that the representative for Mr. Crow address the Commission at this time. Gary Lee, JUB 250 S. Beechwood, Boise, was sworn by the City Attorney. Lee: The applications before you this evening I will lump all of my testimony in the first public hearing and reaffirm it later if that is okay with the Commission. Johnson: Sounds good to me. Lee: There are three parts to the applications. The first being the annexation and rezone request. The request is for an R-8 zoning residential. The second part of the public hearing is a preliminary plat for residential subdivision. And the third part is a conditional use permit to allow a planned unit development for this development. The Elvira Subdivision consists of 33 single family residential lots. The range in size between 6500 and 14,000 square feet. The development also include 8 townhouse lots ranging in size from about 3400 square feet to 5500 square feet. There will be 6 common lots scattered throughout the development. The overall site density on this 10.84 acre parcel is about 3.8 units per acre, a little bit less than four. The project is located south of Fairview Avenue about 650 feet. West of Danbury Fair Subdivision and it is situated in a portion of Section 7, T.M. R.1 E. The applicant is Ron Crow, the current property owner is his mother Ruth Crow. As I stated before the intended use for this particular development is residential. Currently the property is zoned RT and it is situated in Ada County. It is surrounded by City zones. Again the request is for R-8, there is some commercial general lying just to the north of this particular project. There is R-8 development to the east, there is some R-15, an apartment complex just to the west side and some additional R-8 to the South there. It does abut City limits, it will be provided with access through Washington Avenue on the west boundary. There will also be a stub street towards the north end called Badley Avenue and will eventually connect to the existing Badley Street existing to the west. It will be served by water and sewer Mich is available adjacent to this site. There is a sewer trunk currently situated along Cathy Street running north south. It also ties into sewer lines along Five Mile Creek. The Five Mile Creek shown on the exhibit on the easel traverses through the property and it is a designated area for future pathways. (End of Tape) pathway from our development in a couple of different locations. The one on the north is where Badley will Meridian Planning & Zot Commission October 14, 1997 Page 50 cross Five Mile Creek. At that point there is connection with the future pathway. In addition there is a piece of right of way along the south portion of the property which I assume is called Washington street on that development just immediately south of us that will provide some public access to the Five Mile Creek pathway as well. There is an existing farm bridge that crosses the Five Mile Creek Drainage at the south boundary that will either be update or either replaced depending on the integrity to allow for some pedestrian access. To the east side which is Danbury Fair Subdivision there is a couple of connection points for pedestrian pathways. One of them is the SE comer of our project which can connect and one on the northeast comer of our project. Right now it is a sanitary sewer easement which can (inaudible) sometime in that future. City services are available, water, sewer. We have met with Ada County Highway District and reviewed the street designs and they are favorable in this particular concept. I have reviewed the City Staffs comments. I really have no concerns on any of the comments. I just wanted to make a point known on their first site specific comment about the location of sanitary sewer. This is kind of a detailed item but there is like 1 stated before an existing sewer line along Cathy Street that we will have to accommodate in our location. The typical corridor (inaudible) west side of centerline but in this case it is going to have to be on the east because of its present location. We can probably work that detail out with the City Engineer. The conditional use permit portion as stated before was for a planned unit development and the reason we requested that after reviewing with Shari Stiles is to allow the 8 townhouse units that are situated along the southwest side of the property. The idea there, give me just a moment. This particular rendering was prepared just to give you an idea on what could be placed on those townhouse units. They are fairly narrow complex. This particular one that you are looking at it is a 2 story. Although the developer owner thought it would be best to leave it up to potential buyers to build either 2 storys or single story or a (inaudible) depending on what his market would be. These particular lots are fairly deep so it allows some pretty good flexibility on what can be done in there and the (inaudible). We have allowed enough width in there I think they are 28 1/2feet wide on the average through there. That would be ample room for a duplex unit. If there are any questions I- would be glad to address those at this point. Johnson: Questions from the Commission? Borup: Mr. Chairman, could you address staffs comment on Carlton Avenue? As far as setback if Carlton was extended (inaudible) Lot 2 of the townhouse area. Lee: Are you speaking of the Ada County Highway District special recommendation. That came up during the tech review. The feeling was that Carlton may or may not extend. We don't know what the condition of the property to the south is or will be in the future. Although there would be room to put a turn around in there we did look at a conceptual layout for that parcel and possibly 2 or 3 lots. As far as the setback on that last unit we would like to see that, if that is going to be imposed, I am not sure it will be. That it be setback from a turnaround in lieu c -r going all the way through Cathy Lane which is private. Meridian Planning & Zo Commission • October 14, 1997 Page 51 Borup: It is a turnaround at what point before it gets to the project you mean. Lee: Right there at the end -of Carlton where that is the west boundary, that is where the right of way ends now. Borup: And I did find the comment it was from ACHD. Lee: It was one of their special recommendations. Borup: My copy has a pencil change. (Inaudible) Lee: We didn't know what that property was going to do if it does anything. It wasn't required from ACHD's standpoint to extend Carlton. Borup: Did you receive a copy of David Stevenson's comments? That is an adjoining homeowner. He would like to see the area become a City Park. You had mentioned somewhat of a greenbelt area through there but I don't think you expanded on too much and what your plans were for that for Five Mile Creek. Lee: The Five Mile Creek we are not planning on constructing in the greenbelt. It is a designated pathway that the City of Meridian has dedicated in their pathway plan (inaudible) we will grant the easement for that. Borup: How about the bridge, the flat bridge (Inaudible) is that the same one that you are showing on the crossing there? Lee: Yes it is, we would enhance that if it is to a structural condition that can be, add hand rails that sort of thing. Borup: Do you know what condition that is in? Is that supported on footings? Lee: I don't know if it is for sure, it has been there for quite a while. Borup: I have some comments here, at least the resident thought that was pretty sound structure. I just wondered if it is was on any footings. Lee: It doesn't appear to be in that photograph, I didn't like I said analyze it myself. Smith: It looks like where the townhouses are proposed just how the adjacent parcel has been developed it seems like it would be more appropriate to have single family lots there again. It looks like I laid out four :ots 75 feet wide, 124 feet deep that wasn't taking into account any setbacks on Washington or extending Carlton Avenue. I do recognize Meridian Planning & ZDaima Commission October 14, 1997 1W is Page 52 that there is an adjacent apartment complex but this, the location of the townhouses seems like we are plunking this use right in the middle of other single family homes. A more appropriate location for what I would consider, it would still be in the R-8 but it is more of a transitional kind .of residential occupancy would be to have town homes in this Block 2 between Cathy Street and apartment complex. I guess and I don't want to make assumptions but if I had to it looks like maybe this block 1 over here was just kind of a little chunk that was left over and maybe you didn't want to extend Carlton Avenue or something. I would like to see Block 1 broken up into four lots, single family and extend Carlton Avenue out there. Lee: We looked at that possibility and we talked about that at numerous times on putting town houses along the existing apartment complex. And I agree with you from a transitional standpoint it might be better. However the problem we run into here is the amount of depth in the property. The private street we were proposing along that townhouse project lends itself to work better in this particular case. We tried to go with a local street in there. It is going to start (inaudible) make a much wider looking road because there is (inaudible) Smith: I am sorry, I meant just extending Carlton Avenue east. The lot configuration in that manner there. Lee: Carlton is not on our property. Smith: Well it is an adjacent street there though. Lee: That is private property, Carlton ends right at the west boundary of the town house project. Smith: Well that wouldn't work then. MacCoy: (Inaudible) making that land for a different type of arrangement (inaudible) Lee: Too much crammed in the zone? MacCoy: Well you look at some of this stuff and it is pretty tight compared to some of the other blocks you have here. Johnson: 3.78 isn't very high density, so what is your point? MacCoy: Well I just thought it would look better (inaudible). Lee: well the market is the other aspect too. The town house market is somewhat soft compared to the starter home single family house. Ron Crow is interested in town houses nimseif to build. We talked about having more town house, we talked about residential and the final design we have come up with is about as efficient as we can Meridian Planning & Zo Commission • October 14, 1997 Page 53 make it on this particular piece of property and meet the goals and the desires of the land owner. Borup: I think we can agree (inaudible) Smith: Have there been any discussions with the property owner to the south as far as what his plans are for developing that vacant lot. It just seems natural to infill with a couple of tots there. Then my idea would work. Lee: I didn't talk to the landowner personally but Mr. Crow, he knows him quite well. At the time he didn't have any firm ideas on what he wanted to do with the property. Smith: Don't misunderstand me 1 am not opposed to the town homes per se I am just puzzled as to where they are located on the property. I think if they were over here next to the apartment complex it would in my mind be pretty straight forward. Borup: Is that apartment directly to the west of the townhouses now? Lee: It is north of the Borup: What is west of the town houses? Lee: There are some of those older lots in the City for some residential houses in there older ones. Borup: So the apartments are all north of Washington? Lee: I think there are some duplexes in there someplace. I can't tell you exactly which lots they are. Borup: That is fine (inaudible) Lee: It is a mixture in that whole neighborhood. In any event the design that is before is the preference of the landowner and developer. Johnson: Any further questions? Thank you Mr. Lee, we may call you back. This is a public hearing, would anyone else like to come forward at this time? D R Lynn, 1154 Cathy Lane, Meridian, was sworn by the City Attorney. Lynn: I am the sole owner of the private street Cathy Lane, Meridian. It is a private street because it is too narrow. After I completed it and offered it to the County it was not accepted on that basis. I live in a two story house, (inaudible) my first plan was to build on Lot 7, 1184 Cathy Lane and consider the property my retirement home. I would have done so by this time but learned about the proposed use of the property adjoining Meridian Planning & Zot Commission • October 14, 1997 Page 54 mine and changed my plan to tract house quality for 1184 Cathy Lane. That also changed my interest in owning the street Cathy Lane. 1 will sell it if I find an interested party. As part of this street project I had to build a culdesac at the end of State Avenue. The cost was $20,000. The street added approximately $25,000 to the project. This is a firm price because I have that much invested. I actually have more in it because of the sewer line and water taps and everything that I paid for. I own property on Franklin Road and understand the ins and outs of public versus private road construction. In the case of public there is in place an easement for the expected need of more space. The State paid me a reasonable for needed extra footage on Franklin. No easement exists on Cathy Lane except an easement in favor of the homeowners association which does not exist. A homeowners association is provided for in the bylaws recorded in Ada County as part of Catherine Park Subdivision. I have checked the legalities of building a fence at the far edge of Cathy Lane. It is legal and I have a letter from the City Engineer to establish that fact. I have placed mail and garage services at the beginning of the street because I don't want more traffic than necessary on this street. I believe Meridian's police are as good or better than most. But on private property we lose the advantage of an investigation in case of accident. A serious consideration as far as insurance liability. It is paramount that traffic on Cathy Lane be as limited as possible. Should Mr. Crow opt to purchase Cathy Lane for the sum I have invested I would require guarantee the street will be accepted by the County for their maintenance. I would request two years time to sell the house I am in and move into the stainless one on Lot 7 before the streets are connected. I realize this is just a request and should he opt to purchase the street he wouldn't have to honor that. Had the homeowners association been in place the net proceeds to each lot owner after all taxes and insurance, recordings and so forth would have been $6002 but I am at this point the sole owner. Smith: Can you clarify a couple of things for me? You access Cathy Lane off of State? Lynn: Yes, that is the culdesac I had to construct and pay for and everything in order to build a private street. Smith: How wide is Cathy Lane? Lynn: It is 30 feet, the County would require 60 before they would take it and maintain it. Smith: Does that stop short of Washington Avenue? Lynn: It stops, I don't know I have had it surveyed, yes I think it is (inaudible) Smith: (Inaudible) Lynn: You mean Washington Avenue corning through, oh definitely, a long ways from Washington Avenue. Meridian Planning & Zonf Commission • October 14, 1997 Page 55 Borup: I guess I wasn't sure what your concern was? Are you concerned about extra traffic on Cathy Lane or your private Cathy Lane? Are you concerned about traffic from this project going there? Lynn: This is my concern, this is the one thing that I would very definitely protect. Borup: Now, I may have understood this wrong but I didn't think there was any access to private Cathy Lane from this project. Lynn: I am just assuring and reassuring that there wouldn't be because I have had pressure in that direction. Johnson: Is there anyone else that would like to come forward at this time? H.L. Rich, 512 East Carlton, Meridian, was sworn by the City Attorney. Rich: My concern is this piece of property that we are discussing the right (inaudible) I live at 512 East Carlton which is the dead end of Carlton. The comments were made today, I would like to see single dwelling houses at the end of Carlton adjacent to my property. That has been my main concern for years. The second concern we brought (inaudible) was Mr. Parks who was the developer of Cathy Lane prior the Stutzman's owning it. The agreement was at that time there would be no two story houses in that area. I have discussed with Mr. Crow that single dwelling homes adjacent to our property will keep the continuance of property value and appearance all in routine with (inaudible). The townhouses that are two story or better should be moved out on the other side of Washington. I have also been concerned that 33 houses brings in a total of about 66 vehicles going in and out of there every day. That means that we have 66 more children in that area. The two streets Washington and Carlton are both restricted by McFadden's property. The intersection on Washington Square at 5"' and Washington is heavily congested with the apartments on the north side of Washington. So what this brings into the picture is the fact that with the traffic coming from Washington Square and Mr. Crows property is going to increase property a great deal. Which would make it hazardous to kids living in that particular area since there is no access to any -other streets including Fairview. The fencing since the Washington Square apartments have put in chain link fence 6 feet high adjacent to Mr. Ron Crow's property I would like to see the same type of fencing go all they way down the property line rather than have a high maintenance cedar fence put in. I think that will cover about all of my comments. Johnson: I have a question, I am a little confused. Are you opposing the project or just the development of town houses or two story homes? Rich: Town houses and two story homes. Borup: had a question too, you said you lived at the end of Carlton. So there are three other properties surrounding you, are they all single family homes also? Meridian Planning & Zonif Commission • October 14, 1997 Page 56 Rich: Yes sir Johnson: Anyone else? Barbara Smith, 1124 Cathy Lane, Meridian, was sworn by the City Attorney. B. Smith: One of my concerns is extra traffic in the area. There are not a lot of ways out with so many houses. I am not opposed to houses coming in, I would just like to see more access out. I live at 1124 Cathy Lane next to D. Lynn. I bought my house and the view I had was a falling down barn that I loved, a propped up old barn. I hate to think of looking at town houses and I am going to get their parking lot. So if it happens I would like to see something to obstruct the view, I would also like to see the end of Cathy Lane blocked off (inaudible) it just can't handle the traffic if it were to come. Thank you. Johnson: Any questions? Thank you Gerda Dwyer, 1093 Crossbill Court, Meridian, was sworn by the City Attorney. Dwyer: I am not against the project and I am talking about me and my husband and the court I live in and I am the representative of that court, Crossbill Court. We are not against the project, we don't want any town houses and two storys because it is one story family homes. Plus there are only two entrances, you go out (inaudible) Stonehenge and Crossbill and you go from there to Fairview and then to Pine and that is the only two entrances in and out, Fairview and Pine Avenue. Then you have to swing around to go to Franklin Road and then you get to Eagle or downtown Meridian (inaudible) so people are concerned about the traffic too. That is the main concern. We are not against the project and town houses but you need more entrances. That is all I have to say. Johnson: Thank you, any questions? Anyone else? Andrew Condon, 992 East Crossbill Court, Meridian, was sworn by the City Attorney Condon: All the comments that lady just made here I agree with 100% there are a couple of additions that I would like to make. In talking with my neighbor I had one question and maybe the engineer can answer this for me, there is a 20 foot easement between my place and my neighbors place here which is at the end of Crossbill Court. That goes into the Elvira subdivision, is that 20 foot easement included? Does it goes in there, does the City have access to that across the property way. If so how can that be made into a pedestrian pathway if it belongs to the City? (Inaudible) Meridian Planning & Zo' Commission October 14, 1997 Page 57 Condon: Was that the pathway that you were referring to? That is something that we would not like to see happen. Again (inaudible) stressing the fact that we would not like to see, we don't oppose the project but to keep up the townhouses and the multilevel dwellings having them all single (inaudible) is what we would like to see. There has got to be a way to make an "access going from whatever the street name is Cathy to Fairview or out to Badley or something. Other questions regarding actual dwellings themselves, what is the average square footage (Inaudible). Johnson: We can answer those a little bit later, he will sum that up (inaudible). Borup: I believe they are the same as your subdivision. Condon: Also, I don't know if you have been out there. The fence its starts almost clear down at Pine and goes all the way up, except it conveniently stops right here at the edge of mine. I don't know if that was put in by each individual house owner all the way up through or not. That was one concern that the fence be completed up through the end of my property and then up until the next area here. Johnson: I think you have lost me on that one would you show us on the map? Condon: (Inaudible) the 20 foot easement is right here and here is my lot, Danbury Fair this is 120 feet long. The fence is all the way down here along Pine Street pretty much I don't know if that was put in by the Danbury Fair Subdivision or not but it was not completed up to there and then there is also a back part along Rountree that was not completed. This is going to be done up here pretty soon with the new car wash that is going in and the other thing that was talked about a few months ago. So I was just wondering who was responsible for this particular 140 foot of fence. If that fence was completed all the way across this could not be a pedestrian access. Johnson: I believe that is sewer easement is that not true Gary? Eng. Smith: Yes Mr. Chairman, that is a 21 inch sewer that goes through there. Johnson: So it can't be fenced right? Eng. Smith: No, it is supposed to be a common lot in Danbury Fair Subdivision with an underlying sewer easement for the City of Meridian. That is the sewer that serves Danbury Fair and other properties to the south. Condon: So it could not be fenced but it could be made into a pedestrian pathway is what you Eng. Smith: I don't know what the surface is right now, does it have a surface on it? Meridian Planning & Zor Commission • October 14, 1997 Page 58 Condon: The surface is just sod, it wasn't put there by the City or anyone else, it was put there by myself and my neighbor just to make things look better than bare dirt. I guess those were my main concerns. Nelson: I understand the people not wanting the two story dwellings but can you clarify why you don't want the town houses, even a single story town house? Just out of curiosity. Condon: All of Danbury is single level, there are a couple multi-level houses on the SE side I think. Everything in here is all single level dwelling. The town houses, I used to live in one and it is much different compared to a normal single dwelling. It adds more to the property value of the surrounding homes to have a dwelling rather than the town house type, even though it is considered a home it is not quite the same thing. Nelson: Thank you Johnson: Anyone else? Mary Rich, 512 East Carlton, Meridian, was sworn by the City Attorney. Rich: A comment on the two story houses, I am just concerned because of the population growth and the fact that the ones in the neighborhood at this time are not maintained. It has been a nice neighborhood and they have built numerous two story Domes or I can't remember what we called them. They are run down and they are not being kept up like I think they should be in the community. I think they look more like low income housing and Johnson: Are you talking about two story homes or are you talking about multi -family? Rich: The apartments, multi family. I think it would increase the population in that area too much. We have a lot of people in that area and the access is poor to get in and out. Johnson: Thank you, anyone else that hasn't had an opportunity? Gary, would you like to make a couple of comments and specifically if you would talk about the square footage. Lee: The square footage we have identified in accordance with the R-8 zone standard. On the preliminary plat there is a table that identifies size and the number of lots of that particular size. Each lot has been labeled with a certain symbol to identify which lot is going to be which size. Briefly in summary the 1001 square foot minimum we have 3 identified. The 1101 we have 4, the 1201 we have 8, the 1301 minimum we have 18. Then the town house lots we identified 800 square foot minimum and there are 8 of those. These houses again it is in an R-8 neighborhood, there is apartment complexes there, it is an older neighborhood, there are a few duplexes There is quite a mixed used of property all over that area. So the type of house we are going to be marketing in Meridian Planning & ZoCommission • October 14, 1997 Page 59 this area is the smaller home, it will be similar to what Danbury Fair has been. It is going to be real difficult for someone to come in and build a 2 story 1000 foot house and maintain the 800 square foot on the ground level. So the market is going to dictate the size. Although it doesn't prevent someone who wants to build a larger house to come in and build a larger house. Generally the City has appreciated that and larger houses end up being two story houses. We would like to keep that option open. As far as the town houses, these particular lots are fairly deep. The actual town house unit itself is 122 feet in depth. That is going to allow for a fairly substantial rear yard or additional set back along that west boundary. A typical rear yard setback is 15 feet in R-4 and R-8 zones. This particular area, it will more likely be 30 to 35 feet setback so it is going to give some separation to the neighbors. In addition they are town houses, they are individually owned just like any other house. There will be pride of ownership just like you would a single family dwelling. It is not a multi -family unit like the apartments are. We talked about traffic a little bit. We have met the requirements of ACHD on access, we have allowed for future extension of Badley which we have no control over when that might be built or but it will be built some day and will provide some additional relief in that area. There was a question brought up about the look of the town house from the property owners across the street from Cathy Lane. There will be a landscape buffer installed between Cathy Lane and the private driveway that we propose. There was a question brought up about how Cathy Lane terminates at Washington. Right now the private driveway known as Cathy Lane ends right at what they dedicated as Washington Avenue, you can see it on the preliminary plat. So it abuts public right of way on both ends north side and south side. On the pathway that the gentleman discussed at Danbury Fair, that was an item that was brought up at Ada County Highway District as a possibility for future uses pedestrian pathway. The original concept there was just for a sewer easement and to provide the 20 foot of pavement that is normal for sewer easements. But it could double as a pedestrian access and probably makes pretty good sense to get some circulation out of Danbury Fair to the pathway. Are there any other questions? Borup: I have a few, could you clarify if there is any access from this project to the private Cathy Lane? You indicated that the right of way stops, does there plan to be any access from this? Lee: The plan wasn't to provide any access to Cathy Lane, there is no need to do that. Borup: That was my understanding but I think it was the concern of several of the people here that there would be traffic coming down the private Cathy Lane from this project. You are saying there is no access, you have the landscaping buffer between and there is no access to the comer there at Washington (inaudible). Lee: Cathy Lane terminates in public right of way right now, where Washington Avenue is. Borup: I don't see where your plan indicates that. Meridian Planning & Zona Commission . October 14, 1997 Page 60 (Inaudible) Borup: At this point there is no indication that is ever going to be completed. Lee: (Inaudible) Borup: So at this point right here you have access to your private drive, but this would be landscaping (inaudible) this direction either. Questions on the, I know ACHD recommended a pedestrian pathway on that 20 foot easement. Their recommendation was to Meridian staff as City staff commented on that anymore? Lee: Not that I know of. Borup: I know that has been encouraged in other subdivisions (inaudible) One other question on the town house area you had indicated you could have possibly 30 feet or so setback in that yard. I know that again was a concern of some of the neighbors there. What would you feel the feasibility would be to have something maybe in the covenants requiring a 25 foot setback along there, is something like that feasible? Lee: Certainly, I think that would be a good idea. Borup: That might alleviate some concerns about the house being too close (Inaudible). I would I guess recommend that you consider that. Have they gone to the point in the plan design that they know what they have designed for (Inaudible) Lee: We looked at some designs and this is just one of probably thousands of designs that could work on there. That is what, is shown on this conceptual plan on the footprints. Borup: This is drawn to scale on here. Lee: We can certainly add the 25 foot setback requirement in the covenants for that reason. (End of Tape) Smith: (Inaudible) don't feel the town homes belong where you have them sited there and I can certainly sympathize with the problems of developing that little chunk there. Maybe it just doesn't get developed now with the rest of this and you wait to work out an arrangement with the owner to the south on Carlton Avenue there to be able to develop four single family lots there. I just don't think it is appropriate given the adjacent uses. Johnson: Have you visited the site? Meridian Planning & Zog Commission • October 14, 1997 Page 61 Smith: No, I am just going off of what I see on the map. Borup: How much property is that to the south there do you know? Lee: If you look on the vicinity map Borup: There doesn't look like there is much there. Lee: There isn't Borup: Is there one single lot is that what is there. Lee: You might get two. Borup: I mean right now it looks like it is one lot. Lee: I would think so compared to the ones next to it if you look on the vicinity map. Johnson: If you have another question you need to come up to the mic. Dwyer: Answering your question about town houses you know I lived in apartments I never lived in town houses and I don't go putting people down living in town houses or apartments because I have done the same thing. But why put them there, I think they can pop up anywhere. Just like the big cities anything pops up anywhere. People have the money they put anything there and we shouldn't destroy the beauty of Meridian. We all came here from somewhere. I came here from California through Hewlett Packard and all my friends live in Eagle and I never got there because it is too expensive. But My put town houses, that looks there funny to have town houses there. (Inaudible) people go more, come and go, come and go. And you don't want that. I agree with that, I am from Germany, I lived very poor we had less than you have here. But why, you have everything here so why do it. You shouldn't have town houses with regular houses, that looks funny because people don't stay there. They maybe just have it on a lease, a year lease or they come and go. Then you have only two entrances, 'think about that two entrances. One to Pine, that is not even a main street you have to, the traffic. I go to Meridian it took ten minutes to get on First Street just by Paisanos to make a left tum. You see what is going to happen. What are you going to do in an emergency, everybody is going to get killed or something. (Inaudible) just put regular homes there, no town houses. (Inaudible) I pay my taxes and I support the community. Thank you very much. B. Smith: Just because the town houses are for sale does not mean they won't become rentals. Meridian Planning & Zoning Commission • October 14, 1997 Page 62 Johnson: It doesn't mean they will either. Anyone else? I will close the public hearing at this time. We are only on 11, annexation and zoning. We need findings of fact and conclusions of law. MacCoy: Mr. Chairman, I move we have the City Attorney prepare findings of fact and conclusions of law for this project. Borup: Second Johnson: Moved and seconded we have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: REQUEST FOR A PRELIMINARY PLAT FOR ELVIRA SUBDIVISION BY RON CROW — 650 FEET SOUTH OF FAIRVIEW AVENUE, WEST OF DANBURY FAIR SUBDIVISION NO. 4: Johnson: I will now open this public hearing and invite the applicant or Mr. Gary Lee to address the Commission. Gary Lee, JUB Engineers, 250 S. Beechwood, Boise, was sworn by the City Attorney Lee: I would just like to reaffirm the previous testimony during the annexation proceedings and I would entertain any additional questions you might have. Johnson: Any questions of Gary? Anyone else that would like to add something on the preliminary plat? Andrew Condon, 992 East Crossbill Court, Meridian, was sworn by the City Attorney. Condon: All I wanted to ask was this. I understand the first part that is for rezoning from whatever it used to be from RT to R-8. This part here is for the layout the way it is proposed? So you are proposing this without all the testimony that we have given so far is just for townhouses and that sort of stuff? Can you chop up certain parts or are you going to say okay that is the way it is. Johnson: Well, what the Commission normally does (inaudible) they will normally table this item until the findings of fact are prepared and addressed. Anybody else. (Inaudible) Johnson: It is called the American way, that is what it is called. This is America (inaudible) Meridian Planning & Zongq Commission • ' October 14, 1997 Page 63 (Inaudible) Johnson: We have rules and regulations, we haven't done a thing here, we haven't approved anything. All we are doing is gathering testimony. This Commission doesn't make any decisions. What we do is pass recommendations onto the City Council. You get another opportunity at another public hearing to talk to the City Council and those are the people that actually decide, they make the decision. (Inaudible) Johnson: I am closing the public hearing. What would you like to do with item #12? Borup: I would like to table this to November le. Smith: Second Johnson: We have a motion and a second to table item #12 until our next meeting November 12, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR ELVIRA SUBDIVISION FOR 33 STANDARD R-8 SINGLE FAMILY LOTS PLUS 8 TOWNHOUSE LOTS BY RON CROW — 650 FEET SOUTH OF FAIRVIEW AVENUE, WEST OF DANBURY FAIR SUBDIVISION NO. 4: Johnson: I will now open the public hearing, Mr. Lee? Gary Lee, JUB Engineers, 250 S. Beechwood, Boise, was sworn by the City Attorney. Lee: Again I would like to reaffirm my testimony in the previous two public hearings. The conditional use permit application is for a planned unit development for 33 -single family and 8 town house units. If you have any questions I would be glad to answer them. Johnson: Any questions for Mr. Lee? Anyone else? I will close the public hearing. MacCoy: I would like to table this to the next meeting so we can have findings of fact Johnson: We need to have findings of fact on the conditional, you can make a motion to table it but standard procedure would be to have findings of fact prepared on this too. MacCoy: Mr. Chairman, I move tnat we have the City Attorney prepare the findings of fact and conclusions of law for this project. Meridian Planning & Zoning Commission October 14, 1997 Page 64 Borup: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law,' all those in favor? Opposed? MOTION CARRIED: 2 Yea, 2 Nay Tie Breaker Vote Yea Nelson: I motion to adjourn. Smith: Second Johnson: We have a motion to adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 11:15 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: JIM JOHNSON, CHAIRMAN ATTEST: WILLIAM G. BERG, JR., CITY CLERK WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 - FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH October 1, 1997 To: Mayor, City Council, Planning & Zoning From: Bruce Freckleton, Assistant to City EngineerC� Shari Stiles, P&Z Administrator :f;;5� Re: Request for Annexation and Zoning to R-8 with a Preliminary Plat for Elvira Subdivision, with Request for Conditional Use for a Planned Unit Development of 33 Single -Family Building Lots, 8 Single -Family Townhouse Lots, and 6 Common Lots on 10.85 Acres by Ron Crow We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Five Mile Creek is specifically excluded from the tiling requirement. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance 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 street development plans. 4. Provide five -foot -wile sidewalks in accordance with City Ordinance Section 1-9-606.B. 5 Way s *vice to this development is contingent upon positive results from a hydrauiic Computer model. Ehiruvb.pp Mayor, Council and P&Z October 1, 1997 Page 2 6. Submit a letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary. to conform. 7. Coordinate fire hydrant placement with the Meridian Public Works Department. 8. Respond, in writing, to each of the comments contained in this memorandum by 12:00 noon, October 10, 1997. Submit ten copies of the Preliminary Plat Map with any required revisions to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. SITE SPECIFIC COMMENTS 1. Sanitary sewer service to this site could be via service line taps into the exiting City of Meridian trunk lines which pass through the property, or from extensions from the existing trunk line system. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. 2. Water service to this site could be via extensions of existing mains installed in adjacent developments. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 3. The conceptual engineering plan submitted with the application indicates that this development's pressurized irrigation system is going to connect to the existing system in the Danbury Fair Subdivision. The pressurized irrigation system in the Danbury Fair Subdivision is owned and maintained by the Nampa & Meridian Irrigation District. Any proposal for a supplementary connection from the City's water system will need to reviewed closely due to the size of the area to be watered. The developer shall be responsible for the payment of assessment and meter fees associated with said supplementary connection. 4. One -hundred -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Depar `--meut. ? 11 s!reetlights shall be installed at subdiVider's expense. Typical locatioYis ar? u° s�., - et intc-,ections and/or fire hydrants. Ehi•actb.gP Mayor, Council and P&Z October 1, 1997 Page 3 5. A detailed landscape plan for the common areas, including fencing locations and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 6. Construct six -foot -high, permanent, non-combustible perimeter fencing except where the City has expressly agreed, in writing, that such fencing is not necessary. Fencing is to be in place prior to applying for building permits. 7. Construct six -foot -high, permanent, non-combustible fencing on both sides of the easement for Five Mile Creek. Rear lot lines along Five Mile Creek shall be set at the existing easement line, unless an encroachment agreement is granted by the Nampa -Meridian Irrigation District. 8. Five Mile Creek is designated as a multiple use pathway in the Meridian Comprehensive Plan. No encroachment of the easterly easement boundary should be permitted. It would be desirable if landscaping could be completed by the individual homeowners on the western side of Five Mile Creek (similar to Running Brook Estates and Meridian Green Subdivision) in lieu of fencing. If this is not feasible, fencing on the western side of Five Mile Creek should be placed a minimum of five feet from the top of bank to prevent inherent problems associated with eroding slopes. 9. A development agreement is required for this project, as a condition of annexation of the property. 10. The preliminary plat map indicates that the existing agricultural bridge crossing the Five Mile Creek shall remain as a pedestrian access. This bridge is an old dilapidated railroad flat car frame. At this time, there isn't even any decking across the top of it. The developer shall replace or upgrade the pedestrian access bridge, including providing decking and handrails. The bridge should also be brought up to an elevation that would be even with the access path. The location of this existing bridge coincides with a common drainage lot in Danbury Fair Subdivision No. 5, which could easily provide an inter -neighborhood connection. The existing 30 -foot -wide right-of-way for E. Washington Avenue will be maintained as public right-of-way for pedestrian access to Five Mile Creek. . 11. There a:e several ditches ;rass%.,; f' a ; ':1pi` i,; however, the conceptual engineering plan does -I �'„ow I. ow they ver:+ : the plan to show all proposed pining Mayor, Council and P&Z October 1, 1997 Page 4 of irrigation/drainage ditches, or show that they are to be abandoned in place. Compaction test results must be submitted to the Meridian Building Department for all lots impacted by the filling of said ditches. 12. Applicant proposes 42 -foot -wide streets in portions of the development. Ada County Highway District has agreed to a 42 -foot -wide right-of-way in cases where the streets are non -continuous. 13. A 20 -foot -wide private drive to access eight townhouse units is proposed paralleling Cathy Lane, a substandard private road to the east. Between Cathy Lane and the private drive, an eight -foot -wide landscape strip is proposed. To provide adequate room for emergency vehicle access and turnarounds, a portion of the landscape strip at the end of the private drive should not be constructed to allow access to Cathy Lane. Coordinate with the Meridian Fire Department and comply with their requirements. 14. Although the configuration of Lot 9, Block 1, would provide added privacy and traffic calming for the units on the private lane, staff has concerns about how well this will work. Due to the low number of vehicle trips per day anticipated in this area, this may not be a significant issue. 15. No sanitary sewer easement for the existing sewer line in Cathy Lane is shown on the preliminary plat map. Applicant is to verify if an easement exists for the line. If no such easement exists, the Applicant will need to obtain easements to allow connection to existing sewer and water lines in the lane. 16. Revise the legend to include all easements and symbols shown on the plat. 17. The preliminary plat map seems to indicate that Carlton Avenue extends further east from its existing constructed terminus. Our records indicate the right-of-way ends at the westerly boundary of the proposed development. Please verify and revise map as needed. 18. A portion of Cathy Street is proposed to be constructed within the Five Mile Creek easement and would be immediately adjacent to the top of bank of the Creek. Appropriate traffic/pedestrian safety devices will need to be installed along this section, as well as for the roadway crossing of Five Mile Creek. Pedestrian walkways and railings will be needed on the bridge. Elvi w&.pp Mayor, Council and P&Z October 1, 1997 Page 5 19. Proposals for Planned Unit Developments must include a minimum of ten percent common area. Provided the easement of Five Mile Creep is considered to meet the requirements for common area by the P&Z Commission and Council, this development would exceed that requirement. 20. This infill project will require special design consideration in order for the property to be reasonably developed. Even though a zoning of R-8 has been requested, the resultant gross density is less than 4 per acre. Elviran,,.I •. -� OFFICIALS 0 HUB OF TREASURE VALLEY COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk A Good Place to Live WALT W. MORROW, President JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer RONALD R. TOLSMA CITY OF MERIDIAN C HARLES M. BRUCE D. STUART, Water Works Supt. GLENN R. BENTLEY JOHN T SHAWCROFT, Waste Water Supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 - FAX (208) 887-481�ZtCY1 JIM JOHNSON, Chairman W KENNETH W. BOWERS, Fire Chief Public WorksBuilding Department (208) 887-2 CFI MALCOLM MACCOY W.L. "BILLGORDON, Police Chief WAYNE G.. CROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP �� L A 1997� RON MANNING i7 ROBERT D. CORRIE BYRON SMITH Mayor CM Of MCDIf11 f N . 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: October 7, 1997 TRANSMITTAL DATE: 9/18/97 HEARING DATE: 10/14/97 REQUEST: _Conditional Use Permit for a Planned Unit Development for Elvira Subdivision for 33 standard R-8 single family lots lus 8 townhouse lots BY: Ron Crow LOCATION OF PROPERTY OR PROJECT: 650 feet south of Fairview Avenue. West of Danbury Fair Subdivision No. 4 JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN RELIM. & FINAL PLAT) BUREAU OF RECL T ON IM. PLAT) CITY FILES OTHER: YOUR CONCISE RE S: WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney . HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 - FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 7. 1997 TRANSMITTAL DATE: 9/18/97 HEARING DATE: 10/14/97 REQUEST: Conditional Use Permit for a Planned Unit Development for Elvira Subdivision for 33 standard R-8 single family lots plus 8 townhouse lots BY: Ron Crow LOCATION OF PROPERTY OR PROJECT: 650 feet south of Fairview Avenue. West of Danbury Fair Subdivision No. 4 JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION SEP 2 9 1997 CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT :1�� ERl01a SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES OTHER: -1 1 (a-1 YOUR CONCISE REMARKS: r2eirQ�4x/ rlf2r.'� moi/ d L hu f AAao a &-.,ks CITY PLANNER O s l"u i rU.Q.,0 ,P ZRA r 0- Lep /r- e e CA Dr -1 4) &_ LOA y 0,^ Lp S.0/S , .* /(o, CENTRAL CEIRAL DISTRICT HEALTH DEPARIrIENT •• DISTRICT Environmental Health Division HEALTH ��=��-�etur,>ro. DEPARTMENT ❑Boise SEP 1 0 i9g7 ❑Eagle Rezone # -aN +l` R10IAi ❑ Garden City ® Meridian Conditional Use # 1by� 'y�� sUb ❑ Kuna Preliminary / Final / Short Plat 1l�/1 s"'uB�/✓s'i�,.j ❑ ACZ ❑ I . We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ® 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ,®„central sewage ❑ community sewage system ❑ community water well ❑ interim sewage a central water ❑ individual sewage ❑ individual water 99. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: E§ -central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines Lik central water ,® 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store r� 14. �4Z/tf Ik47� /L1 A t��N� -5—A, a/� os Date: �X7/Jr7J�fYll� �/L%I`?S � -r/"f//0 t-) Reviewed By: qno o"'J 1'u e�R / Qe7ts Review Sheet (DND 10/91 rcb, rev. 7/97 30 September 1997 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 OCT 0 6 1997 .ITN 4ERID►a► UP? i • i i . 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # XK.((XXX 208-463-0183 Phones: Area Code 208 OFFICE: Nampa 466-7861 x"&xXXWI C SHOP: Nampa 466-0663 RE: Condition Use Permit for a Planned Unit Development- Elvins Subdivision - Ron Crow Dear Commissioners: The Nampa & Meridian Irrigation District's Akins Drain courses through the north end of the project. The right-of-way of the Akins Drain is 60 feet; 30 feet from the center each way. The Five Mile Drain courses through the middle of this project. The District's right-of-way on the Five Mile Drain is 100 feet; 50 feet from the center each way. The Five Mile Drain is a contract drain, please contact John Caywood at the Bureau of Reclamation for their right-of-way. See Idaho Code 42 -1208 --RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John P. Anderson or Bill Henson at 466-0663 for approval before any encroachment or change of right-of-way occurs. The Nampa & Meridian Irrigation District requires a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Contact Donna Moore at 466-7861 for further information. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely Wiensn3ii- Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 10/07/97 08:51 rJ-u•B,i October 6, 1997 $208 323 9336 Mr. Will Berg, City Clerk City of Meridian 33 East Idaho Street Meridian, ID 83642 • J -U -B ENG. BOISE 0 -B ENGINEERS, , Inc. ENGkERS- SURVEYORS -PLANNERS 250 S. Beechwood Avenue, Suite 201 Boise, ID 83709-0944 208/376-7330 FAX: 208/323-9336 RECEI'V'ED CCT - 7 1997 CITY OF MERIDIAN Transmitted Via Fax to Will Berg & Shari Stiles: 887-4813 Transmitted Via Fax to Bruce Freckleton: 887-1297 and by mail Dear Mr. Berg: RE: ELVIRA SUBDIVISION (Ruth Crow Property) - Preliminary Plat We have received a memorandum dated October 1, 1997, from Bruce Freckleton, Assistant to City Engineer, and Shari Stiles, Planning and Zoning Administrator, identifying their general and site specific comments concerning the above -referenced application to be heard by the Meridian Planning & Zoning Commission on October 14, 1997. We wish to make a response to each of the items discussed in that memorandum. Our response is arranged in the same order and format as the above-mentioned memorandum: GENERAL COMMENTS: 1. There are no irrigation or drainage ditches on the site that will require piping, except those shown on Sheet 2 of the preliminary plat. 2. Any existing wells and septic tanks will -be removed from service that may be situated on the property. However, there are no known wells or septic tanks on this parcel. A groundwater level monitoring program is in progress. The depth to the water level is being measured by J -U -B on a weekly basis. The peak groundwater level will be determined later this fall. Water level data and soils profiles will be submitted with the final improvement plans. 4. Five-foot sidewalks are planned for this development as shown on the Conceptual Engineering Plan, Sheet 2. The developer hereby requests that the City notify him immediately if there is a lack of domestic and fire water capacity for this development. 6. The Ada County Street Name Committee approval letter will be submitted once received. 7. The fire hydrant placements are shown on the Engineering Concept Plan, Sheet 2. We hereby request that the City Staff review these placements and comment on their positions. 8. This letter shall act as our response to the City Staff's General and Site Specific Comments. Ten copies of the revised preliminary plat are included with this letter. R. • OCT 07 '97 08:54 208 323 9336 PAGE.01 10/07/97 08:51 %2208 323 9336 0 Engineers Surveyors Planners J -U -B ENG. BOISE • 10002/003 Mr. Will Berg, City Clerk October 6, 1997 Page 2 SITE SPECIFIC COMMENTS: 1. The Engineering Concept Plan, Sheet 2, shows the proposed sanitary sewer line connections. The developer hereby requests that the City notify him immediately if there is a lack of wastewater treatment plant capacity for this development. Main -line sizing shall be 8" throughout with the sewer mains situated in the south and west corridors as shown on the Concept Plan. However, due to the location of an existing North-South sewer main along Cathy Street, we hereby request that the City -Public Works Department approve the location of the main to be situated along the eastern side of the street. The street was placed here because of the deep lot depths along the west side. The Engineering Concept Plan, Sheet 2, shows the proposed waterline connections at two locations adjacent to the development. The main -line sizing will be determined based upon hydraulic capacity. We hereby request that the City staff review their hydraulic model so that the Elvira Subdivision pipeline sizes can be determined. All waterlines are shown on said Concept Plan to be situated within the north and east corridors, except the waterline within Cathy Street. Again, due to the location of the existing sanitary sewer, we hereby request that the City grant a waiver on the location of the, waterline along this street. 3. J -U -B will coordinate the extension of the pressurized irrigation system from- Danbury Fair into this subdivision. Also, a secondary water source will be reviewed with NMID and the City during final irrigation system design. 4. Streetlights are shown on the Conceptual Engineering Plan, Sheet 2. We hereby request that the Public Works Department review said locations and make any modifications as maybe required. S. A common area landscape plan will be prepared and submitted with the Final Plat and Final Improvement Plans. Also, a fencing plan will be prepared and submitted with the Final Plat. The developer will submit surety instruments during the final plat signature stage. 6. Fencing exists around most of the property perimeter. A chain link fence is planned along Five Mile Creek. We hereby request that the City accept the existing fencing systems as are in place at this time. Or identify which areas need to be replaced. i. A license agreement will be requested from NMID to allow the fencing to be placed along the Five Mile Creek and will be situated as follows: (1) The fence will be placed five feet west of the western bank of the creek bank; and (2) The fence will be placed 20 feet east of the eastern bank of the creek. A pathway is shown along the eastern side of Five Mile Creek. The creek will be fenced as identified in Item 7 above. However, the developer may consider your proposal not to install fencing along the western side of Five Mile Creek. 9. Please submit the development agreement to J -U -B for review once it is prepared. 10. The condition of the pedestrian bridge will be evaluated at time of final improvement plan preparation. Either the bridge will be renovated, or a new pedestrian bridge will be constructed. 11. The Engineering Concept Plan, Sheet 2 of the preliminary plat, shows that the Adkins drain will be tiled. Other small ditches on the site will be abandoned. The conceptual engineering plan has been revised to show the abandonment of these existing ditches. if fill is greater than two feet, where a building foundation will be placed, structural fill will be placed and compaction tests taken . OCT 07 '97 08.54 208 323 9336 PAGE.02 10/07/97 08:52 '0208 323 9336 J -U -B ENG. BOISE 16003/003 • a (� . . B� Mr. Will Berg, City Clerk �' October 6, 1997 Engineers Surveyors Planners Page 3 12. No comment required. 13. The landscape buffer will be shortened to allow for emergency vehicle access at the southern end of the private driveway known as Lot 1 of Block 1. The width of this access will be ,coordinated with the Meridian Fire Department during final improvement plan preparation. 14. There is some flexibility in the design of Lot 9 of Block 1. The shape of the driveway approach can be modified. Please let me know what the Staff concerns are. 15. A City'Sewer and Waterline are located within Cathy Lane. The improvement plans for Catherine Park Subdivision show the construction of the sewer and waterline with services to each lot_ Also, these plans show sewer and water services to be constructed into the Crow property for future lots (four sewer services and two double water services). We have assumed that the City has some sort of easement for these facilities. If not, the City likely has prescriptive rights. The City Attorney should be consulted to determine what sewer and water easement rights may exist, if not of record. We will check the county records to see if an official easement document was recorded when the City approved the plat of Catherine Park Subdivision. . 16. The preliminary plat legend has been amended per the enclosed drawings. 17. East Carlton Avenue does not extend to Cathy Lane. The preliminary plat has been modified. 18. The guardrail and fence designs along Cathy Street and the bridge crossing East Badley Avenue will be prepared during final improvement plan preparation in accordance with ACHD requirements. 19. We have assumed that the Five Mile Creek pathway/greenbelt will be used in the calculation of the 100 landscape rule. Please advise us if this is not the case. 20. No comment required. Please review the enclosed information. If you require additional information, please call. Sincerely, J -U -B ENGINEERS, Inc. Gary A. Lee, P.E./L.S. Project Manager GAL:lhc Enclosures cc: Ron Crow f:\projects\11216\admin\cityltr2.doc OCT 07 '97 08:55 208 323 9336 PAGE.03 9 0 • Oct. 12, 1997 The area being considered for the Elvira Subdivision is located in an area that would be in an excellent location for a park. I would hope that this would be considered. The nearest park near that location, I believe is the park near the Meridian Water Tower. However, I know that budgets may not allow for purchase of the land. In the event that this application is approved, I must point out that the City should require some changes to the Application. I know that the city is working towards making the area near Five Mile Creek in this vicinity a Green Belt. This land is the Nampa and Meridian Irrigation District Easement. Most of easement on the west side of Five Mile Creek would be given away. This, in my opinion, would lessen any efforts to make this area an attractive Green Belt. I will use the enclosed photos to express MY point. 0 0 C T 14 1997 CO � .# WkIMAN Statement of David Stevenson in the matter of the Application of Ron Crow for a Conditional Use Permit for the Elvira Subdivision. • 0 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888.626i 4e63-oo9z 1 October 1997 Phones: Area Code 208 OFFICE: Nampa 466-7861 Gary A. Lee Boise 343-1884 J -U -B Engineers, Inc. SHOP: Nampa 466-0663 250 South Beechwood Ave . , Suite 201 Boise 345-2431 Boise, ID 83709-0944 RE: Land Use Change Application for Elvira subdivision Dear J -U -B Engineers: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above - referenced development. If you have any questions concerning this matter please feel free to call on me at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, &,� . �"� Donna N. Moore, Assistant Secretary/Treasurer dnm cc: File Water Superintendent ✓ton Crow City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 MERIDIAN PLANNING & ZONING COMMISSION MEETING: November 12.1997 APPLICANT: RON CROW AGENDA ITEM NUMBER: 5 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR ELVIRA SUBDIVISION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS IN All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN PLANNING & ZONING COMMISSION MEETING: October 14,1997 APPLICANT: RON CROW AGENDA ITEM NUMBER: 13 REQUEST: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT FOR ELVIRA SUBDIVISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" 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: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 9 OCT 97 O C T 0 9 1997 :ITN i 'ERIOIQ, MERIDIAN PLANNING AND ZONING, MY NAME IS TONY STOPPELLO MY WIFE AND I OWN THE TWO DUPLEXS LOCATED AT 5T" AND WASHINGTON. WE, TO INCLUDE OUR TENANTS HAVE SOME CONCERNS WITH THE PROPOSED ZONING BY MR CROW. BECAUSE OF MILITARY DUTY WE WILL NOT BE ABLE TO ATTEND, PLEASE ACCEPT OUR WRITTEN COMMENTS. THE OPENING OF WASHINGTON AVE. WE ARE TOTALY AGAINST. AT PRESENT THERE IS A TREMENDOUS AMOUNT OF HIGH DENSITY STRUCTURES IN THE IMMEDIATE AREA. AT THE CORNER OF 5T" AND WASHINGTON IS THE CHILDRENS SCHOOL BUS PICKUP. BETWEEN 2'/z STREET TO 5T" IT IS VERY NARROW ROAD ALMOST A ONE LANE. THIS SAME CONDICTION EXISTS ON CARLTON AVE. LOOKING AT THE PLOT PLAN THE WHOLE PROGRAM LACKS ACCESS. 2. TWO STORY TOWN HOUSES IN PHASE ONE WE ARE TOTALLY AGAINST. MY INFORMATION IS THAT THIS IS ZONED FOR SINGLE STORY BUILDINGS. TO PLACE TWO STORY STRUCTURES WOULD COMPLETELY DESTROY OUR PRIVACY. WE WOULD AGREE TO SINGLE STORY ONLY. IF SINGLES ARE ALLOWED WE WANT A CHAIN LINK FENCE LIKE THE ONE THEY PUT UP JUST NORTH OF OUR PROPERTY THAT SEPERATES THE LARGE APARTMENT COMPLEX FROM THEIR LAND. WITH ONE EXCEPTION AND THAT IS THEY INSTALL PRIVACY INSERTS./ IN CONCLUSION MY WIFE AND I BELIEVE MR CROW SHOULD BE ABLE TO BUILD ON HIS PROPERTY BUT HE LACKS ACCESS AND IS TRYING TO CRAM TO MUCH INTO TO LITTLE. LOOKING AT THE PLAN 28 LOTS SEEMS LOGICAL. • moi A op, s • 0 a In closing, I put forth that the City and Nampa and Meridian Irrigation District should retain the existing easement along Five Mile Creek for future possible use in a Green Belt. As is known, the people of Meridian have expressed interest in expanding our park system. Their currently is no facility within walking distance of this area. This section is one of the few wildlife areas still located within the City. I would hope that in this stage of planning, that we could retain the easement area for future development. If it is not retained, the homeowners could use the creek bank as I have shown in the photos. This would not be in the interests of the residents of the City of Meridian. A chain link fence like the one installed between Danbury Fair Subdivision and the easement, should be placed along the easement separating the proposed new subdivision. Even if this area is not utilized by the park system for years, it would still be available for use in the future. If given away, it would be difficult if not impossible to utilize this land for the enjoyment of the citizens now and in the future. Ot 0 David St enson 1.151 N. Maple Creek Ave. Meridian, Id 83642 0 Phone: 866-0080 • 0 0 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and appy es these Findings of Fact. f� and Conclusions of Law on this day of P , 199p .e tl to f. COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROVED DISAPPROVED VOTED VOTED VOTED VOTED. FINDINGS OF FACT AND CONCLUSIONS OF LAW -