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HomeMy WebLinkAboutCobblestone Village AZ 99-005TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 6 1999 TRANSMITTAL DATE: March 8, 1999 HEARING DATE: April 13, 1999 FILE NUMBER: AZ -99-005 REQUEST: ANNEXATION & ZONING OF 6.15 ACRES FOR PROPOSED COBBLESTONE VILLAGE BY: STAMAS CORPORATION / IONIC ENTERPRISE INC. LOCATION OF PROPERTY OR PROJECT: SOUTHWEST CORNER, OF LOCUST GROVE & FRANKLIN TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON; P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, 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) IDAHO TRANSPORTATION DEPARTMENT" ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: i+ - HUB OF TREASURE VALLEY Mayor A Good Place to Live LEGAL DEPARTMENT ROBERT D. CORRIE (208) 884-4264 CITY OF MERIDIAN Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208) 884-5533 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 6 1999 TRANSMITTAL DATE: March 8, 1999 HEARING DATE: April 13, 1999 FILE NUMBER: AZ -99-005 REQUEST: ANNEXATION & ZONING OF 6.15 ACRES FOR PROPOSED COBBLESTONE VILLAGE BY: STAMAS CORPORATION / IONIC ENTERPRISE INC. LOCATION OF PROPERTY OR PROJECT: SOUTHWEST CORNER, OF LOCUST GROVE & FRANKLIN TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON; P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, 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) IDAHO TRANSPORTATION DEPARTMENT" ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: *G 4 3j 09 GE. �f �ILFi ` AS OF JUN CITY OF MERIDIAN * TX CONF R . / PGS CMD# STATUS MODE MIN/SEC 05? - OK ----- TO OM E, 00'30" 001 ----- ' DATE TI - see 109? --------------------------- 06�1q 13_-- -- ------ --- NOTICE OF HEARING ridian Pursuant W the or � the City � � GIVEN P of Meridian will hold NOTICE IS HEREBY Gouncii of the City that the COY Of the State of Idaho, Meridian, Idaho, at the and the Laws Hall 33 East Idaho Street, Meridian City reviewing and Cori the a public hearing at for the Pureose of re pf land P.M.on July 8,1999, of 5.15 a�� hour of 7:30 tion and zoning tonic Enterprises, in°' for annexa application of west corner of Locust Grove 8, Franklin. The which is general1Y located on the south w of R-40. a City Clerk's applicant requestsa zone a above property is on file in th tion of th ection during A more parficular descrip office at Meridian C'►ty Hall, 33 East Idaho Street, and is available for lnsP regular business hours.uest• AnY and all interested Of the apPli�t'on is available upon req ublic is welcorrra and invited to A CDpy and the P persons shall be heard at said public hearing submit testimony • 1999. DATED this 14�' day June' �jC Gl CLERK WILLIAM G BERG. J ,`,y�tt�tti+t►�/flltrlq/rf'`�4''' UBLISH June 16 and 30, 1999. P ="ri 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 April 13, 1999, for the purpose of reviewing and considering the application of Stamas Corporation / Ionic Enterprise Inc. for annexation and zoning of 6.15 acres of land which is generally located on the southwest corner of Locust'Grove & Franklin. The applicant requests a zone of R-40. Further the applicant requests conditional use permit approval of the parcel of land above described for a multi -family, 96 unit apartment complex for proposed Cobblestone Village. A more particular 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 22nd day of March, 1999. PUBLISH March 24 & April 7, 1999 ** TX CONFIRMARN REPORT ** DATE TIME TO/FROM 21 03/22 16:58 208 888 1097 AS OF MAR 22 I1016:59 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'33" 001 035 OK 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 April 13, 1999, for the purpose of reviewing and considering the application of Stamas Corporation I Tonic Enterprise Inc. for annexation and zoning of 6.15 acres of land which is generally located on the southwest comer of Locust Grove & Franklin. The applicant requests a zone of R-40. Further the applicant requests conditional use permit approval of the parcel of land above described for a multi -family, 96 unit apartment complex for proposed Cobblestone Village. A more particular 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 220d day of March, 1999. PUBLISH March 24 & April 7, 1999. s' ( COBBLESTONE VILLAGE 4 ®Tamura I FRANKLIN 8 LOCUS GROVE & Associates O �` MERIDIAN, IDAHO _f dl r i yy ss i�XXw ZZr -� �' SIG T MM Of et 3sYRic.. 'gI .�ZN. b mea 'fir its O o v �n > M +� n N E -gyp Z N .... • _ ➢N _ O m D z rn rn s' ( COBBLESTONE VILLAGE 4 ®Tamura I FRANKLIN 8 LOCUS GROVE & Associates O �` MERIDIAN, IDAHO _f dl 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 July 6, 1999, for the purpose of reviewing and considering the application of Ionic Enterprises, Inc. for annexation and zoning of 6.15 acres of land which is generally located on the southwest corner of Locust Grove & Franklin. The applicant requests a zone of R-40. A more particular 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 14"' day of June, 1999. WILLIAM G. BERG, JRVCITY CLERK yitrtittflttttltt a*y�� of PUBLISH June 16 and 30, 1999. F99 LL 0 9 For Accountable Mail n :J7 A W -+ O CD OD v O L, W N -� r' OD Z — n, ¢1 0�1r (O tr N t� CID �.3 V1 UY � V Vti Y� N t�D�C CD CD S m� z rn <"z � d ° °N��o�oo°o, 1- mON x z n H t7, wQ t go \JjOro �a n "� C O :0> J ' •�s CD'CDN x � Ln tTj _ CLn F�i l+J O l z Zto ddt����Z��� �Z r n M $� r b r. -C W b y �, x � aa� �zd��xdz Q til 00� ���c, z N �, 00 m Cx L 00 00 ` N O N Cyi'1 N J m nm m m. O 6 Q ( �3 Cil � N 3 : �. m a o' Q �' N W a m -'oµ ° CD cp m ? W o M 03 m N m SJ�c ECL � N rCD(D CD O.m0 FO -R 7C S7 � waow..wm — m m0°= -moms ?w CD =r = v�o�oom ,CL (D A C O 3 N n �v.m a�mw mCc N z 7c 0 ow _ .3. � I -Du° `D � = D CL o sv � 5 ID omw`m�o -"`.3 m< m �.o O'j fDj W nC wm��'o ID LO OC m c m4 O.O�y'0ON w m O C)0, m 77 �wNg.m m.3a y n R'S m� m mQ O aan�i L 3o6= mwm".ow OR�3o'3o O p amD c c.0 c m c O a M O. O CD 7 o- 3 e. Oj N � 3 . ao-0 ID tv 72.3m cava 3 o wmmd -n - < zw..�ao' m aQs�w. CD O O tD C (O CAmmN CON A Cr �Ni� C mto o�Nv�m o�v>xdQ_. N m '�. ' S o =mow � N _ m ��ID 33.� n �. (r m 13D 12 O iii m wN�; w.omw^3 N �-Ptc CCP w Hm.moc m p c� -0-053 J N 7 7 s N T 7 . m M CL w ^ x C (D ac �d3 CD N (C a 3 N 0'- CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 MAR V99 Cfff Oi, � WHIDLAN\ II 'INcmk��co A4� - r APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF GENERAL LOCATION TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): ACRES OF LAND IN PROPOSED ANNEXATION: t.o PRESENT LAND USE: A ��.,,' PROPOSED LAND USE: I PRESENT ZONING DISTRICT: Zsv PROPOSED ZONING DISTRICT: ��'l�rnAs CotporA� �� / APPLICANT:_ I - ADDRESS: ENGINEER, SURVEYOR, OR ADDRESS: Z 5a 8 330 e v '. vV \cb -`I Loi OWNER(S) OF RECORD: PHONE: fsn ADDRESS: ril �fOrn�o gqa Mer50n y Shirley Peterson x ?75-1900 February 1, 1999 Stamas Corporation is requesting annexation, rezone and a conditional use for a 96 unit apartment complex located at the southwest corner of Locust Grove and Franklin. The subject property currently is a single family residential unit on 6.15 acres. The site is located on the eastern City Limits of the City of Meridian. The property contiguous to the, west is currently zoned Industrial and was developed as an industial subdivision, Medimont Subdivision No. 1. The comprehensive plan indicates that the subject property should be developed as a mixed use planned unit development. The apartment zone as requested would act as a transitional zone between the single family residential neighborhood and the industrial development. Because of the future widening of both Franklin Road and Locust Grove to five lane facilities, the subject property would be located at the intersection of two major arterials. The site slopes to the northeast and would provide the apartment complex nice views of the Boise foothills. The overall site plan was designed to take advantage of the natural topography of the site and to provide as minimal of cut and fill on the existing site. The buildings.consist of primarily two story;,eightunitapartment buildings. Two of the proposed buildings will be 2 and '/z stories, for a.total of 96 apartment units. The existing house will be renovated to act as the clubhouse for the apartment complex. The apartment complex will have an exercise facility, swimming pool and a tot lot. 0 February 2, 1999 City of Meridian 200 E Carlton Ave Meridian ID 83642 Attn: Planning & Zoning Dear Sirs: I am selling the property at 1475 E Franklin Road to the Stamis Corporation 1 Ionic Enterprise, Inc. and they are authorized to submit an application for the development of an apartment complex on this property. Sincerely, Monte Appeared before me on Zn. G, of February 1999. Alisa R. House •�•.••''a0 Us`'*e,,� Public Notary �•` Q,Z;:••••••.;� ,y ••f p, R Y • •i Commission expires r D ? ; jo ti �O: Y' A YL ;j, CORPORATION )DESIGN;, DEVELOPMENT,, �CONSTRU TION d - t C I j 4 Februa7 22, 1009�1� 1 tA '0 4% To 7"olii It M oncem: 'This letter is'!t o- confirm'that B'ry-c"e Peterson'-Nesident'of Hoinco InC.is if',C6rp6ration ns - In&.a'Ca1'ornia authorized to art ;as the i0resentative of Ionic Entorp e�, - -Please forward to h6 any and "all information regarding the project M Mendians Idaho. V, Thank,you for your cooperation. 0 I A 'pa; U, z s �,President ionic Enterprises 'A I g 4 U) x 5678,/-,-,,(916),783-0330 Or�e'Sidrr6'Gz�te P a Suite 355B FAX (916) 783-3739 j Roseville, CA - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 0 County of On �Ca� before e, Dat me d Title of Officer (e.g., -J ne Doe, Notary Public") personally appeared Name(s) of Signer(s) El personally known to me – OR – droved to me on the basis of satisfactory evidence to be the person(s) whose' name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by DANIELLE DOYIF his/her/their signature(s) on the instrument the person(s), T�;_t ;X Commission# 1131604 or the entity upon behalf of which the person(s) acted, RotaC�wff 0 executed the instrument. My Comm. EVWW Mat27.10D1 WITNESS my hand a d official seal. Though the information below is not required by law, it may prove valuable to persons relying on fraudulent removal and reattachment of this form to another docum Description of Attached Document Title or Type of E Document Date: and could prevent Signer(s) Other Than Named Above: � r 4- Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ G ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conserv or ❑ Other: Signer Is Vpresenting: RIGHT THUMBPRINT OF SIGNER ' Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservato ❑ Other: Top o"6� Signs Representing: 01995 National Notary Association - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 A 16. I, Bryce L. Peterson, a representative of Ionic Enterprize Inc./ Stamas Corporation, agree to_po'st the subject'roperty on the Southwest Corner of Locust Grove and ` F,rarlkfii one week ore e public hearing. '' 0 0 16. I, Bryce L. Peterson, a representative of Ionic Enterprize Inc./ Stamas Corporation, agree to post the subject roperty on the Southwest Corner of Locust Grove and Fr 1' one week ore e public hearing. 17. I, Bryce L. Peterson, a representative of Ionic Enterprize Inc./ Stamas Corporation, have read the contents i application and verify that the information contained he m s true and c ct. REQUEST FOR ZONING AMENDMENT CITY OF MERIDIAN — COBBLESTONE VILLAGE — LOCUST GROVE AND FRANKLIN February 23, 1999 RE: Request for a Rezone of 6.15 Acres from RT to R-40 Multi -Family I, Bryce L. Peterson, herby request that Planning & Zoning Commission and City Council approve a rezone of the above mentioned property. n rely, Mc L. Peterson resentative State of Idaho ) ): S.S. County of Ada) On this day of 4 , 1999, before me, a notary public for said State, personally appeared $r`! e�L L. Pe.+e rs n , known to me to be the persons whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. �N�uuipb 4V S14�'HOt,`�ts'��'•.,� Notary Public e SOT AR I, • �0d '►� Z Residing at �[ 0 PUB';" .• U O �.• My Commission Expires •'•, J'1+ • ***goes*• 4•�.•• *1114,1018811 1 %• us • prow ao 8 f1015 7 7 0 S ft : S A 01070i?0008 t CORDO -RATE WARRAN'T'Y DEED 8842844 FOR VALUE RECEIVED, 1VADC0, INC.. AN IDAHO COPPORATION, 11 . a corporation organized and existing under the laws of the State of Idaho, with its principal office at of County of ADA State of Idaho. GRANTOR, hereby GRANT, BARGAIN, SELL and CONVEY unto MONTE C. MCCLCEE AND BEVPBLy J. MCCLCRE, HUSBAND AND IIIrL whose current address is: 1175 E. FRANKLINROAD, MERIDIAN,+Ii>1H0 83642GRANTEE the following described real property located in ;SDA County, State of Idaho, more particularly described as follows, to wit: As per EXHIBIT "A" attached hereto and trade a part hereof by reference. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that Grantor is the owner in tee simple o1 said premises; that said premises are free from all encum• brances. EXCEPT those 10 which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s): and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (it any) of record, and general taxes and assessments, (including irrigation and utility assessments, it any) for the current year, which are not yet due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. The officers who sign this deed hereby certify that tnis deed and the transfer represented thereby was du- ly authorized under a resolution duly'adopted by the board of directors of the Grantor at a lawful meeting duly held and attended by a quorum, In witness whereof. the Grantor has caused its corporate name to be hereunto affixed by its duly authoriz- edofficersthis 26th dayof august intheyearof 1963 IVADCO, I.N.C. (CORPORATE NAME) PRESIDENT At es SECRETARY y I DAIiO `ADA STATE OF—_. tDAHO,.00014TY OF N 5717E OF County .d —__ u. I hereby certdy twat tms mstunentas Med tot recotn at to //�; � � �1 �^ a tec�est —+ On th9_��.tavof_.611111 - of ST-(3TT111C C. in the "a, of _l2 0P , be?orr mr, :he undrnigned. a / h M M --df ms/ mmutesoast tioiaty Public m ca said State, trx.na):y appeared .][�t},� � � coo.• � M Z, bay o! /! r/ z ofh[BanQ C l . y eco, t9m, k:n,.-n o:drn:arcdt�tar v, be tha.. t {✓/ I nt Deem at Pape S'sr +I--=-.af :bcco:po:atwn that executed ch,- insttnment - __ th- tmtrumrnr ,.n hcnalf .•f s.rd .or. JOHN J•: S i ; ED.,y are. a n tn{ 1 a, snc that a } mt).st ator. csnuud t}tr--- e r t.n c I o f -- - --- Ott F ce o ! !:ame• 1i�.L.ir !� . Ul�.'l:fLYFee, S i(t.5 loml lumished Courtesy of ST'EWA11T TITLE 1i L E OF IDAHO, Inc. D .V.r .•C.nrv:r ::iB4.il•.a s Order No.: ST -88U15770 SR,'SA EXHIRIT "A" OiMIC0009 .THAT PORTION OF_ THE EAST 1,':; OF 1HE %0fiTHEAST 1/4 OF THE NORTHF,AST 1;4 OF SECTION i8, TOWNSHIP 3 NORTH, RANGE 1 iAST BOISE MFP.IDIAN, ADA COUNTY, IDAHO. BOUNDED ON THE SOLTH BY TETE NORTH LINE OF THE PROPERTY DES(.`RIBFD 1%, WARRAITY DFEI> NO. 70067n, k(A LADED ON THE WEST BY. THE: EASTERLY LINE OF THF1.i,UI►ING 1?£SCRIB`D PROPERTY: BEGINNING AT A POINT ON THE CENTER LINE OF FRANSI.I:N ROAD AND THE xkiR'rH SIDE OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE aMERIDIAN. ADA COUNTY, IDAHO, WHICH POINT IS SOUTH 89 DE(;REE5 18' W ST,,,4H0.7 FEET ALONG THE„SECTIU�„ ' .'I” y. LINE FROM THE. %ORTHE.IST"COItNF.R OF SAID SECTION ' So t'TH :;9 hF(lRE'.ES 1 ItiF:S'1', 183.1 FEET TO A POINT., THE NORTHwEs'r cORNER OF THE 'EAST 1/2 OF THE wwrilEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 181 'THENC:, SOUTH U DEGREES 01' EAST, 1330.7 FEET TO A STEEL PIN, THE SOUTHWEST CORNER OF THE EAST 1/2 OF THE NORTHEAST 11.'4 OF THE NORTHEAST 1/4 OF SAID SECTION 18; THENCE NOiiTH 89 DEGREES 12' EAST. 224.7 FEET ALONG THE SOUTH SIDE OF THE: FAST 1.2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1:4 OF SAID SECTION 18 TO A S'TEFI, PIN; THENCE NORTH C DEGREES 55' EAST, 520.6 FEET TO A STEEL PIN; THENICE NORTH 19 DEGREES 39" WEST, 135.6 FEET TO A STEEL PIN, THENCE NORTH 0 DEGREES 31' EAST, 494.5 FEET TO A STEEL PIN; TH NCE NORTH 2 DEGREES 43' HEST, 187.4 FEET TO THE POINT OF BEGINNING, BOUNDED ON THE NORTH BY THE NORTH SECTION LINE, AND BOUNDED ON THE EAST BY !'HE EAST SECTION LINE. EXCEPTING THEREFROM THE SOUTH 38.5 FEET THEREOF, AS MEASURED ALONG THE EAST SECTION LINE. EXCEPTING THAT POR':ION FOR ROAD AND DITCH RIGHTS-OF-IVAY. E K /3 maw ngs ,� j 73 0 ell COBBLESTONE VILLAGE PROPERTY OWNERS WITHIN 300' BUILDERS MARKETPLACE INC 1300 E FRANKLIN RD MERIDIAN ID 83642-5902 TAMURA DOUGLAS W AND BERRY ARTHUR J BERRY-TAMURA 960 BROADWAY AVE SUITE #450 BOISE ID 83706-3623 1620 E FRANKLIN RD E FRANKLIN RD MCCLURE MONTE C & BEVERLY J 2626 PENNICK POINTE LN MERIDIAN ID 83642 1475 E FRANKLIN RD PROPERTIES WEST INC 1401 SHORELINE DR BOISE ID 83702-6869 E FRANKLIN RD 100 S ADKINS WAY S ADKINS WAY J AND A ENTERPRISES 9272 CHELAN AVE BOISE ID 83714 50 S ADKINS WAY DELSMAN JOHN W & ROLLENE TRUST DELSMAN JOHN W & ROLLENE TRSTE 1244 W HEMPSTEAD DR EAGLE ID 83616 150 S ADKINS WAY ROBERSON A & E TRUST ROBERSON A T & E M LIFE ESTATE ROBERSON A T & E M TRUSTEES 185 S LOCUST GROVE RD MERIDIAN ID 83642-6205 BRACKUS NICK & BRACKUS ELIZABETH ANN 10511 ALBANY BOISE ID 83713 180 S ADKINS WAY WITHERELL JAMES N & ANN 215 S LOCUST GROVE RD MERIDIAN ID 83642-6205 205 S LOCUST GROVE RD S LOCUST GROVE RD PRESSLEY FRANKIE GENE & VERNADENE 255 S LOCUST GROVE RD MERIDIAN ID 83642-6205 DOUBLE JAYCEE PROPERTIES LLC 4192 W PLUMROSE ST MERIDIAN ID 83642 190 S LOCUST GROVE RD CULLIP RODNEY L & SHIRLEY A 1821 E FRANKLIN RD MERIDIAN ID 83642-5907 1819 E FRANKLIN RD WEST NATHAN D & CONNIE 160 S LOCUST GROVE RD MERIDIAN ID 83642-6204 ;20 7E F a 0 0 0 p J 0 `' a oc- o- �r c.0 CD�� C) d { 3 Qu OO m , zR � [p (D -a O N N � 3 Z Q VJ Q a V4J CO , ➢ N n A a N A N o G A , W; a H n o 1/" c � c ?� x O ID a p O co 3 {4 w c o� e: Z 0, ,] a v a a _ n b1 /o m a _ n ➢ � o" m � n O' 3 zi m Q C CD > k [►� o a 0 , ro n < O G, 17 n z o N 0 N D Z �� CL a 3 Qu OO m , m � [p (D -a O N N � 3 Z Q V4J CO ➢ N N A A W; a n o � c O ID a p co 3 c J a _ n ➢ o" m O' 3 a n < O G, 17 n z N A O D X n r o 0 I C C N 6 W° O m::� —n _a m a r SD :r m W ° < N Q �G Z 40 0 To: Transmittal Recipients From: City Clerk's Office Date: 03/08/99 Re: Cobblestone Village AZ -99-005 The City Clerks department only received one copy of the Record of Survey for Ionic Corporation. If interested in viewing this, please look at the file located in the Clerk's Office. For Accountable Mail. /T N CnW N -+ O CO a0. V M Un 4 CO N 1 o aEn - 3Q, 3 CrCD1 T 9 �/ m m' v CD 0 CD U CC,, cin ILI LAw E CD � rL M CD 3 3 3 M W 7 A y Q zD Ca IW 3o 59 0 12, 00 tJCD. �ORoQ � . R�t< Z H ,) > � p CL o -0 -1 wt9C/g'-� �.. 00 tt b H Hy�trlCrJd„�� -- �a� v� 0110 N N n J 3 0 g,: c w O w NON - 300C < w. N 7 N C N a�N� mJmm O N O N N J O S ti n C C < CD 5D a�. Jm�c CD Jp N C w fA w J �dNo3.�m N o. m3"s°oo o�_d3u�iniw ww momma 3o00003� wnN- �ccN 3�2.m3� n CD CD J ,'3�co N (n �. N; J 7 O ��Z 3 OwNmw m � m w o gn NNN N rpN 3�1 . 7 f�X 'KID. m 33o3Lcoip. �w-J33 7 o O N ID i zoo m Col 3 m a j OD w Q23 N D 3 =oJ3 w J N J 7 Ja w J J X C N N =0 n J C" N -Z Y I M �' �IQ I N (D O Gd rn O 6 x td CjC7 t7 r bd V� 0 z H C tr1 H b 00m Q m w POCnC4 mr� o� o�r�ya P do -2.3 N Q N N T 37 o ^ 7 CDO S1 an _ N fA IIO R a T�n n o. G z T cnCD CD d to W Q N O z r W �NCD C17 w y D\ Hiy N � M o W m a 3 C W N y a /� 00C7 ON t j �' CL m y W W O � N I M �' �IQ I N (D O �.m y nix n(n 00m Q m w CD o� do -2.3 N Q N N T 37 o ^ CDO S1 an _ N fA IIO R T�n n o. G T cnCD CD �NCD 3 CD ON November 12, 1999 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 16 1999 APPLICANT: IONIC ENTERPRISES INC.. ITEM #:'I REQUEST: ANNEXATION AND ZONING OF 6.15 ACRES FOR R-40 ZONING AGENCY COMMENTS CITY CLERK: SEE ATTACHED CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: s ,. CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: I ISI 2i'E/ SETTLERS IRRIGATION: IDAHO POWER: _6v� US WEST: I�. d BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: b,P SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. - JRN-22-2000( SRT,) 17:17 NOFFRTT THOMRS ; Moffatt Thomas MOFFATT THOMAS BARRETT ROCK & FIELDS, CHTD Return Mailing address: PO Box 829 Boise ID 83701 0829 1 Pages (including this cover page) TO: Organization: City State: Fax Number: Voice Number: CC: Return Delivery address: 101 S Capitol Blvd 10th FI Boise ID 83702 -2083855350 M Sent: January 22, 2000 Shelby Ugarriza/Will Berg City of Meridian Meridian Idaho 887-4813 888-4433 Bill Gigray/Marlene — 288-2501 Paul Stamos — 916/783-3739 Bryce Peterson — 323-8803 P. 001 Fax: 208 385 5384 Voice: 208 345 2000 Direct: 385-5404 File No.: 21-671.1 PtECEIVED JAN 2 4 2000 CITY OF MERIDIAN l FROM: JoAnn C. Butler Descri tion: Cobbl/ p estone V�Ilage/AZ-99-0OS/CUP-00-0005 0,/ Comment: Shelby, thank you for sending to me a copy of the Development Agreement in connection with the above referenced file. However, I also requested a copy of the fully executed (by the City Council) Findings of Fact and Conclusions of Law and Order in connection with the conditional use permit. These'Findings and Order are also supposed to be Exhibit B to the Development Agreement; Exhibit B is missing from the Development Agreement copy you sent to me. Please note that our client is in the process of making application to Idaho Housing and Finance Association in connection with financing for this project and will require a complete copy of the Development Agreement and Conditional Use Permit Findings and Order fro this application. We are on a very tight schedule in connection with this financing application and would appreciate it if you would fax these documents to me at your earliest convenience this next week. PLEASE DELIVER IMMEDIATELY The information contained in this facsimile message is attorney privileged and confidential information intended only for the use of the individual or entity named above. If you have received this communication in error, please immediately notify us by telephone to arrange for return of the original document to us. Thank you. Bol MT1:251171.1 JAN 22 '00 17 26 2083855350 PAGE.01 Meridian City Council Meeting December 7, 1999 Page 2 EASEMENTS BY W.H. MOORE COMPANY, LOTS 5 AND 6 OF BLOCK 1, MERIDIAN BUSINESS PARK: ITEM K. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: k REQUEST FOR VACATION OF PUBLIC UTILITIES AND DRAINAGE EASEMENTS ON LOTS 5, 6, 12 AND 13 OF BLOCK 7 BY WHITESTONE DEVELOPMENT, LLC: ITEM L. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT COMMERCIAL SUBDIVISION MINI -STORAGE ON LOT 2 OF PROPOSED OVERLAND MINI -STORAGE SUBDIVISION BY OVERLAND MINI -STORAGE, LLC - 1230 E. OVERLAND ROAD: ITEM M. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR PRELIMINARY PLAT FOR OVERLAND MINI - STORAGE SUBDIVISION BY OVERLAND MINI -STORAGE, LLC - 1230 E. OVERLAND ROAD: ITEM N. FINDINGS OF FACTS -AN D.CONCLUSIONS OF -LAW: REQUEST FOR.CONDITIONAL.USE.PERMIT FOR 96 -UNIT APARTMENT COMPLEX (PROPOSED COBBLESTONE=` VILLAGE) _BY STAMASTCORPORATION/IONIC ENTERPRISES, \INC. = SOUTHWEST CORNER OF LOCUST GROVE '& FRANKLIN: T____ ITEM O. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF PARCEL "A" FROM RT TO SINGLE-FAMILY RESIDENTIAL AND PARCEL "B" FROM SINGLE-FAMILY RESIDENTIAL TO LIMITED OFFICE BY WOODBRIDGE COMMUNITY, LLC - SOUTH OF EAST FRANKLIN ROAD AND EAST OF SOUTH LOCUST GROVE ROAD: ITEM P. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR A THREE - BUILDING RETAIL COMPLEX OF APPROXIMATELY 50,000 SQUARE FEET ON VACANT 5.5 ACRE SITE IN A C -G ZONE BY NORCO - NORTH OF FAIRVIEW BETWEEN EAGLE ROAD AND LOCUST GROVE ROAD: ITEM Q. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT BY QUEENLAND ACRES, INC., TO CHANGE LAND USE FROM SINGLE-FAMILY RESIDENTIAL TO COMMERCIAL FOR THE SOUTH SIDE OF Meridian City Council Meeting December 7, 1999 Page 3 OVERLAND ROAD, Y4 MILE WEST OF MERIDIAN ROAD, WESTWARD TO STODDARD ROAD: ITEM R. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT BY BILL CLARK/CLARK DEVELOPMENT (TERRACE LAWN MEMORIAL)TO CHANGE LAND USE FROM SINGLE-FAMILY RESIDENTIAL TO MIXED RESIDENTIAL — 4000 BLOCK OF FAIRVIEW AVENUE BETWEEN EAGLE ROAD AND CLOVERDALE ROAD: ITEM S. ORDER OF DECISION: REQUEST FOR FINAL PLAT OF PACKARD SUB NO. 3 BY WIRT EDMONDS AND CRAIG GROVES —WEST AND NORTH OF FAIRVIEW AND EAGLE ROADS: ITEM T. ORDER OF DECISION OF DENIAL: APPEAL OF FENCE VARIANCE COMMITTEE DECISION BY CHARLOTTE NOLAN AND ROBERT SMITH: ITEM U. REQUEST FOR ONE-YEAR EXTENSION OF THE 11/17/98 APPROVAL OF THE FINAL PLAT FOR ASHFORD GREENS NO. 4 BY BRIGHTON CORPORATION — PORTION OF THE WEST Y2 OF THE WEST Y2 OF SECTION 3, T.3N., RAW: ITEM V. ENGINEERING AGREEMENT — "NO NAME SEWER TRUNK": ITEM W. ENGINEERING AGREEMENT — FIVE MILE CREEK RELIEF SEWER PROJECT: ITEM X. ENGINEERING AGREEMENT —1999 WWTP TRUNK SEWER EXTENSION PROJECT: ITEM Y. ENGINEERING AGREEMENT — 1998 SEWER MASTER PLAN ANALYSIS OF DEVELOPMENT CONCEPTS: ITEM Z. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: ANNEXATION AND ZONING OF 7.25 ACRES FROM SINGLE- FAMILY RESIDENTIAL WITH ACREAGE TO COMMERCIAL LOTS AND MINI -STORAGE FACILITY BY OVERLAND MINI - STORAGE, LLC: APPROVED Rountree: City Council meeting for the City of Meridian in order at 7:37. City Clerk, would you do roll -call. Welcome this evening. We have quite an agenda before us, but we hope to do away with about a page and a half of it in short order here. Bear with me. I'm substituting for the Mayor who is going to be gone Jan -o6 -0o 13:18 E A/foff tt Thomas MOITATl' THO14111.5 13AIM17T f 70(:K & HVIIA)S, (-H'1'D. JoAnn C. Butler 208 385.5404 direct jabemoffatr r nm 0 D 1999 WH'TE PETERSON I-IRUSS MOR�iOW & G'GRAX P.A. MERIDIAN CITY ATTCRQy November 18, 1990 Marlene St. George White, Petersen, Pruss, Morrow & Gigray, P.A. 200 East Carlton Avenue. Suite 31 Post Office Box 1150 Meridian, LD 83680-1150 Re: Cobblestone Village/Development Agreement/ Annexation/Rezone/Conditional Use Your File AZ -99-005 MTBR&F File No, 21-071.1 Dear Marlene: P_OZ Ro15P tdaho rails Pocatello US Bank Playa Ruildinn 101 5 Capitol Blvd 10th H Po 80K 929 doucIdaho 837010429 2o5?45zo0o X8.385.5384 hK ww w'MuffaU.coin Once available, would you please forward to us copies of the following document~ in cunnection with Cobblestone Village - 1. Development Agreement; 2. Findings oi`Fact and Conclusions of Law in connection with the conditional use; Conditional Use Permit. Of course, please call if you should have any questions. Sincerely. IA. c. &I, JoAnn C, Butler JCB/laa Sol Mr1.271802 1 JAN 06 '00 11:01 PAGE.02 Jars -06-00 13:18 0 MEMORANDUM CITY OF MERIDIAN CITY CLERK'S OFHCE TO: Bill G4rz�y FROM: w dlmm G. Berg, Jr, jn� DATE: ThurSdsy NOvember•4, 1999 RE: Cobblestone Village Development Agreement Enclosed is a copy of the documents 1 received from JoAnn Butler concerning the signing of the Deve%pmerrt Agreement by Ionic Enterprises, Inc. Please review these documents and Instructed me to the next step for the City Council. Thank you. c�Q-ccs d�i�ZC� 2 irv+.eDr�j JAN 06 '00 11:01 PAGE.03 P.03 ti n MEMORANDUM CITY OF MERIDIAN CITY CLERK'S OFFICE TO: Bill Gigray FROM: William G. Berg, Jr. DATE: Thursday, November 4, 9999 RE: Cobblestone Village Development Agreement Enclosed is a copy of the documents I received from JoAnn Butler concerning the signing of the Development Agreement by Ionic Enterprises, Inc. Please review these documents and instructed me to the next step for the City Council. Thank you. Meridian City Council Meeting December 7, 1999 Page 4 for a white this evening, I don't know how long. I'm the City Council President, Charlie Rountree. The first items on the agenda this evening is the Consent Agenda. Any discussion? Bird: I have none. Rountree: Mr. Bentley. Bentley: I have none. Rountree: I'll entertain a motion on the Consent Agenda., Bird: Mr. President. On the Consent Agenda, I move that Item L be tabled until the 21 st, I believe, December 21 sc Rountree: January 41h Bird: Okay. To January 0. On the rest of it, I move that we approve the Consent Agenda with the Staffs comments from our Pre -Council meeting recorded, and that we have voice vote because we have some contracts involved here. Rountree: You all done? Do I hear a second? Bentley: Second. Rountree: Its been moved and seconded that we approve the Consent Agenda with tabling of Item L and including the Staff comments on the Items as discussed in the Pre -Council briefing. Voice vote; Councilman Bentley. Bentley: Aye. Rountree: Councilman Bird. Bird: Aye. Rountree: Councilman Rountree; aye. All in favor. The Consent Agenda is passed. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 1. CONTINUE PUBLIC HEARING: FOR THE PURPOSE OF REVIEWING AND CONSIDERING THE PLANNING AND ZONING COMMISSION'S CONSIDERATION OF VARIOUS TECHNICAL AND CLERICAL TEXTUAL CHANGES TO THE ZONING AND SUBDIVISION ORDINANCES AND WHICH WILL PROVIDE FOR E Moffatt19omas MOFFATT THOMAS BARRETT ROCK & FIELDS, CHTD. JoAnn C. Butler 208.385.5404 direct jab@moffatt.com November 2, 1999 Via Hand Delivery Idaho*^ rocatno US Bank Plaza Building 101 S Capitol Blvd 10th FI PO Box 829 Boise Idaho 83701 0829 208.345.2000 208.385.5384 fax www.moffatt.com FECEWED Will Berg, City Clerk N O V — 4 1999 City of Meridian CITY OF MERIDIAN 33 East Idaho Meridian, Idaho 83642 Re: Cobblestone Village/Development Agreement/Consent Resolution Your File: AZ -99-005 Our File: 21.671.1 Dear Will: Enclosed are the following original documents: 1. Consent Resolution of Ionic Enterprises, Inc. 2. Signature pages for the Development Agreement by and between City of Meridiamand Ionic Enterprises, Inc. 3: Certificate of Authority, dated October 19, 1999 for Ionic Enterprises, Inc. Marlene St. George from Bill Gigray's office will forward to you (following confirmation with me in connection with some corrections being made to the document) the final Development Agreement to be attached to the signature pages. Sincerely, JoAnn C. Butler JCB/sh/la Enclosures cc: Paul Stamas (via fax w/out encl.) Bryce Peterson (via fax w/out encl.) Marlene St. George (via fax w/out encl.) BOI MT1:269001.1 AVM C0RDI;R i1, WID AV„RJ O .. °.� EDEPUT` DEVELOPMENT AGREEMENT `� 1999 DE 22 Pill 1: 25 9 9 1 21334 PARTIES: 1. City of Meridian 2. Ionic Enterprises, Inc., a California Corporation THIS DEVELOPMENT AGREEMENT (this "A eement"), is made and entered into this day of d,yembe)- C��, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and IONIC ENTERPRISES, INC., a California Corporation authorized to do business in Idaho as a foreign corporation, hereinafter called "DEVELOPER", whose address is do Homco Development Co, Inc., 1664 Goldking Way, Boise, Idaho 83709. I. RECITALS: 1.1 WHEREAS, "Developer" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of High Density Residential District (R-40), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning &. Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT - 1 va 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning &. Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and WHEREAS, City Council, the 2e- day of - 1999, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein -as if set forth in full, hereinafter referred to as (the "Findings"); and 1,8 WHEREAS, the "Findings"require Citthe, "Developer" final action development agreement before the Y C on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Developer" oof ensuring that the development agreementforthepurpose "Property" is developed and the subsequent use of the "Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of oceedings for annexation evidence received by the "City" innthm P t subdivisions providing and zoning designation from gove services within the planning jurisdictionannexation and oning designation property owners and to ensure is in accordance with the Comprehensive OPlan d ance #629yJanuary of Meridian adopted December 21, 1993 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: ed as abseteforth recitan full. are contractual and binding and are incorpo rat DEVELOPMENT AGREEMENT -2 a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 "Developer" shall develop the "Property" in accordance with the following special conditions: 6.1.1. The legal description shall be prepared by a Registered Land Surveyor,. Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. (See the legal description attached as Exhibit "A" and incorporated here as if set forth in full.) 6.2 Developer shall enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian which provides for the following conditions of development to -wit: 6.2.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance I 1-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 6.2.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic services per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 6.2.3 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and DEVELOPMENT AGREEMENT - 4 ,A y 1, Development Ordinance and/or as detailed in site-specific requirements. 6.2.4 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-41'4.D.4 and 11-2- 414.D.5. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 6.2.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 6.2.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 6.2.7 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 6.2.8 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 6.2.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 6.2. 10 Provide revised site plan detailing all existing and proposed utilities for review by the Meridian Public Works Department. Designer is to coordinate sizing and routing of sanitary sewer and water within the development with the Public Works Department. 6.2.11 Provide Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. DEVELOPMENT AGREEMENT - 5 It 6.2.12Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, "Late Comers" fees may also be charged against this parcel to help reimburse the parties responsible for installing mains to their current points. 6.2.13A total of 57 three-inch caliper trees are required for the project. Due to the issues of entryway corridors and buffering of adjacent properties, trees in addition to the required three-inch caliper trees should be provided. Landscape buffers on Locust Grove Road and Franklin road need to show detailed vegetation and tree plantings. Sodding only of these areas is not acceptable. Provide detailed landscape plan for review and approval. 6.2.14 Particular attention will need to be paid to lighting plans to ensure adjacent residential properties and the traveling public is not impacted by glare, as determined by the City of Meridian. 6.2.15 Signage shall be limited to one low -profile monument type sign near the intersection of Franklin Road and Locust Grove Road. Detailed signage plans will be subject to design review. 6.2.16 Construct five -foot -wide sidewalks along the entire frontages of Franklin Road and Locust Grove Road. 6.2.17Revise site plan to show screened trash enclosures. Coordinate locations and construction requirements with Meridian Sanitary Service, Inc., and provide a letter of approval from their office prior to applying for building permits. 6.2. 18 Provide handicapped accessible parking spaces in accordance with the Americans with Disabilities Act. All building and parking lot construction needs to meet the requirements of the Americans with Disabilities Act. 6.2.19 The parking areas shown do not meet minimum Ordinance requirements of a 9'x 9' stall with a minimum 25' driveway aisle. The parking dimensions shown could be acceptable given consideration for bumper overhang; however, the DEVELOPMENT AGREEMENT - 6 adjacent walkways should either be divided by a planing strip or increased• in width to a minimum of seven feet wide. - 6.2.20 Drainage swales should not be within the landscape setbacks along Franklin and Locust Grove, as they do not provide buffering. 6.2.21 Provide a landscaped -setback of 35 feet beyond required right-of-way along Franklin Road. 6.2.22 No City water will be allowed for landscape irrigation. 6.2.23 S ix -foot -high, permanent perimeter. fencing and buffering shall be provided adjacent to the existing residential use. 6.2.25 Five Mile Creek is designated as multiple use pathway in the Meridian Comprehensive Plan. Fish, wildlife and vegetation species and habitat 'should be protected and maintained, provided it is in the best interests of the City of Meridian. Consideration should be made for the land uses in these areas to minimize the risk of pollution and to preserve the natural beauty'of Five Mile Creek. 6.2.26 Due to" the topography of. the site, the parcel currently accepts drainage water from the residential properties to the south. This drainage will need to be accommodated for in the development of -the. property. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE:This Agreement and the commitments contained herein .shall be terminated, and the zoning designation reversed, upon a default of the "Developer" or "Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions. Governing Development of subject "Property" of this agreement -within two (2) years of the date this Agreement is effective, and after.the "City', has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. , 8. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: DEVELOPMENT AGREEMENT - 7 { 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Ionic Enterprises, Inc., a California Corporation authorized to do business in Idaho as a foreign corporation, whose address is c/o Homco Development Co, Inc., 1664 S. Goldlcing Way, Boise, Idaho 83709, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City' -s Zoning Ordinance codified at Section 11-2-408 B.6. Meridian City Code which are herein specified as follows: (R-40) High Density Residential District: The purpose of the (R-40) District is to permit the establishment of high density residential uses at a density not exceeding forty (40) dwelling units per acre. Connection to the Municipal Water and Sewer Systems of the City of Meridian is required. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as DEVELOPMENT AGREEMENT - 3 "Developer" consents upon default to the de -annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the "Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City'ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Developer", "Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. I I . REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer's" cost, and submit proof of such recording to "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. DEVELOPMENT AGREEMENT - 8 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with, diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under 11-9-606 C of the Meridian City Code, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and DEVELOPMENT AGREEMENT - 9 in anV event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". f 16. ABIDE BY ALL CITY ORDINANCES: That "Developer" agrees to abide by all ordinances of the City of vleridian and the "Property" shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: do City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83 642 with copy to: City Cleric City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Ionic Enterprises, Inc., a California Corporation, authorized to do business In Idaho as a foreign corporation, c/o Homco Development Co., Inc., 1664 Goldldng Way, Boise, Idaho 83709 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES:` Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. DEVELOPMENT AGREEMENT - 10 c 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation DEVELOPMENT AGREEMENT - 11 UL' I -.1!)- 1yyy( 1 Ut) 1 I : 3 ( SPI NKOU I LER 2083881001 P.019 ACICVOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. IONIC ENTERPRISES, INC_, a California Corporation S: Paul ATSotamas, President Developer Attest: r � Secretary BY RESOLUTION NO. i CITY OF MERIDIAN BY. MAYOR ROBERT D. CORRIE Attest: CITY CLERK BY RESOLUTION NO. ey/ZAWorx4MMendian 15360N ACobbfutone Villagc0evelopAgr DEVELOPMENT AGREEMENT - 13 . . v. �, a.�.�4uu. �4.• LVVVVV MVV 4 'L STATE OF OR -NIA) :ss COUNTY O / ) chi da of in the year 1999, before me, (j a Notary Public, personally appeared Paull. Stamas and , known or identified to me to be the President and Secretary of Ionic Enterprises, Inc., who executed the instrument or the persons that executed the instrument of behalf of said corporation, and acknowledged to me hav/ngi5e—cu-bed the same on behalf of said corporation. (SEAL) Notary Public 'for Commission expires: u •,, SHARI DURBIN >y� Comm. #1153492 NOTARY PUBLIC • CALIFORNIA'" � PLACER CO STATE OF IDAHO ) r COI �% ` Comm. Exp. Aug. 29, 2001 -� :ss County of Ada ) On this day of , in the year , before me, a Notary Public, personally appeared Roben D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such Ciry executed the same. (SEAL) DEVELOPMENT AGREEMENT - 14 Notary Public for Idaho Commission expires: f VGV uu f — 10— f 000i i UL i I i . JJ jrinnacuu I un 4V0000tUV I N. UUP CONSENT RESOLUTION OF IONIC ENTERPRISES, INC. The undersigned, being all of the directors of IONIC ENTERPRISES, INC., a California corporation (the "Corporation"), hereby take the following corporate actions without a meeting in accordance with the general corporation laws of the state of California and the constituent documents of the Corporation: "WHEREAS, the Corporation owns and is developing the real property located in Meridian, Ada County, Idaho, more specifically described on Exhibit A hereto (the "Property"); and "WHEREAS, the Corporation has submitted an application to the City of Meridian ("City") for annexation and zoning of the Property and has requested a designation of High Density Residential District (R40) for the Property; and "WHEREAS, City's City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order which requires the Corporation to enter into a Development Agreement before the City's Council takes final action on the annexation and zoning of the Property to ensure that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of the Development Agreement, a copy of which is attached hereto as Exhibit B. "NOW, THEREFORE, BE IT RESOLVED, that the Corporation take whatever actions it deems necessary and/or appropriate to execute and have executed by the City, and to record the Development Agreement, there being sufficient direct or indirect benefits flowing to the Corporation as a result thereof; and it is "FURTHER RESOLVED that the officers of the Corporation, and each of them be, and they are hereby jointly and severally authorized and directed on behalf of the Corporation to negotiate, enter into, execute and deliver the Development Agreement and all other documents as such officers shall individually or severally deem necessary, desirable or appropriate and to take all such other and further actions as they shall deem necessary, desirable, appropriate or expedient the execution and recordation of the Development Agreement; and it is "FURTHER RESOLVED, that the President of the Corporation, is hereby authorized to: (a) sign, execute, certify to. verity, acknowledge, deliver, accept, file, and record any and all instruments and documents; and (b) take, or cause to be taken, any and all such action in the name and on behalf of the Corporation as the President deems necessary, desirable, or appropriate ih order to consummate the transactions contemplated hereby or otherwise expedient to effect the purposes of the foregoing resolutions. IN WITNESS WHEREOF, the undersigned have executeddiis consen7rsolution effective October 1999./ /'? Paul Z CONSENT RESOLUTION • I F:u.PPS\WPDOCSUi M%IONIC.ENTaESOLLT.CON , Director l EXHIBIT A Project: 11488 Date: February 23, 1999 Legal Description of the Property J -U -B ENGINEEkS,1nm ENGINEERS • SURVEYORS • PLANNERS 250 S. Beechwood Avenue, Suite "201 Boise, 4D 83709-0944 PARCEL DESCRIPTION FOR IONIC COPORATION MERIDIAN, IDAHO 208/376-7330 FAX: 2081323-9336 A parcel of land being a portion of the Northeast 1/4 of the Northeast 1/4 of Section 18, T.3N., RAE., Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a brass cap monumenting the northeast corner of said Section 18, said corner being the TRUE POINT OF BEGINNING, from which the North 1/4 corner of said Section 18 bears South 89`46'18" West 2,654.20 feet; thence South 00°31'19" West 565.45 feet along the Easterly boundary of said Section 18 and the center line of South Locust Grove Road;; thence leaving said section line and center line South 89°41'24" West 474.70 feet parallel with and lying 48.5 feet northerly from the north line of that certain warranty deed recorded as Instrument No. 700676 in the records of Ada County, Idaho to a point on the Easterly boundary of Medimont Subdivision No. 1 recorded in Book 75 of Plats at Page 7794 in the records of Ada County, Idaho: thence along the easterly boundary of said subdivision North 00" 58'43" East 378.88 feet an angle point in said easterly boundary tine; thence continuing along said easterly boundary line extended North 02' 14'38" West 187.40 feet to a point on the Northerly boundary of said Section 18; thence along said Northerly boundary North 89°46'18" East 480.70 feet to the TRUE POINT OF BEGINNING. Said parcel contains 6.16 acres, more or less. END OF DESCRIPTION GAL: the f: \projects\11488\Descrip tions\Boundary. doc CONSENT RESOLUTION - 3 F:\APPS\WPDOCS\H_M\IONIC. ENT\RESOLUT. CON Prepared by: J -U -B ENGINEERS, Inc. IST ,43 o q7.F OF 10P� CRY A. GaryA. Lee, P.E./L.S. Project Manager EXHIBIT B Development Agreement CONSENT RESOLUTION - 3 F:\APPS\WPDOCS\H M\IONIC.ENT\RESOLUT.CON DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Ionic Enterprises, Inc., a California Corporation THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of 1 , by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and IONIC ENTERPRISES, INC., a California Corporation authorized to do business in Idaho as a foreign corporation, hereinafter called "DEVELOPER", whose addres=s is. c/o Homco Development Co, Inc., 1664 Goldking Way, Boise, Idaho 83709. I. RECITALS: 1.1 WHEREAS, "Developer" is the sole owner, in law and/or equity, of certain tract of -land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its -statutory authority by the enactment of Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of High Density Residential District (R-40), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning &. Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT - 1 3. DEFINITIONS: For all purposes of this Agreement the following words, terms; and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of theState of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Ionic Enterprises, Inc., a California Corporation authorized to do business in Idaho as a foreign corporation; whose address is c/o ,Homco Development Co, Inc— 1664 S. Goldking Way, Boise, Idaho 83709, the party developing said "Property" and shall include any subsequent owners)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s .Zoning Ordinance codified at Section 11-2-408 B.6. Meridian City Code which are herein specified as follows: R-40 High Densit Residential District: The purpose of the (R-40) District is' "to permit the establishment of high density residential uses at a density not exceeding forty (40) dwelling units per acre. Connection to the Municipal Water and Sewer Systems of the City of Meridian is required. 4.2 No change in the uses specified in.this Agreement shall be allowed without modification of this Agreement. 5. 'DEVELOPMENT IN CONDITIONAL USE: "Developer" has submitted to "City" -an application for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning &_ Development Ordinance criteria, therein, provided, prior to,, and as DEVELOPMENT AGREEMENT - 3 6.2.19The parking areas shown do not meet minimum Ordinance requirements of a 9'x 9' stall with a minimum 25' driveway aisle. The parking dimensions shown could be acceptable given consideration for bumper overhang; however, the DEVELOPMENT AGREEMENT - 6 a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 "Developer" shall develop the "Property" in accordance with the following special conditions: 6.1.1. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. (See the legal description attached as Exhibit "A" and incorporated here as if set forth in full.) 6.2 Developer shall enter into a Development Agreement; that provides in the event the conditions therein: are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian which provides for the following conditions of development to -wit: 6.2.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 6.2.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic services per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 6.2.3 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and DEVELOPMENT AGREEMENT - 4 6.2.12Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, "Late Comers" fees may also be charged against this parcel to help reimburse the parties responsible for installing mains to their current points. 6.2.13A total of 57 three-inch caliper trees are required for the project. Due to the issues of entryway corridors and buffering of adjacent properties, trees in addition to the required three-inch caliper trees should be provided. Landscape buffers on Locust Grove Road and Franklin road need to show detailed vegetation and tree plantings. Sodding only of these areas is not acceptable. Provide detailed landscape plan for review and approval. 6.2.14 Particular attention will need to be paid to lighting plans to ensure adjacent residential properties and the traveling public is not impacted by glare, as determined by the City of Meridian. 6.2.15 Signage shall be limited to one low -profile monument type sign near the intersection of Franklin Road and Locust Grove Road. Detailed signage plans will be subject to design review. 6.2.16 Construct five -foot -wide sidewalks along the entire frontages of Franklin Road and Locust Grove Road. 6.2.17 Revise site plan to show screened trash enclosures. Coordinate locations and construction requirements with Meridian Sanitary Service, Inc., and provide a letter of approval from their office prior to applying for building permits. 6.2.18 Provide handicapped accessible parking spaces in accordance with the Americans with Disabilities Act. All building and parking lot construction needs to meet the requirements of the Americans with Disabilities Act. 6.2.19The parking areas shown do not meet minimum Ordinance requirements of a 9'x 9' stall with a minimum 25' driveway aisle. The parking dimensions shown could be acceptable given consideration for bumper overhang; however, the DEVELOPMENT AGREEMENT - 6 adjacent walkways should either be divided by a planing strip or increased in width to a minimum of seven feet wide. 6.2.20 Drainage swales should not be within the landscape setbacks along Franklin and Locust Grove, as they do not provide buffering. 6.2.21 Provide a landscaped setback of 35 feet beyond required right-of-way along Franklin Road. 6.2.22 No City water will be allowed for landscape irrigation. 6.2.23 Six -foot -high, permanent perimeter fencing and buffering shall be provided adjacent to the existing residential use. 6.2.25 Five Mile Creek is designated as multiple use pathway in the Meridian Comprehensive Plan. Fish, wildlife and vegetation species and habitat should be protected and maintained, provided it is in the best interests of the City of Meridian. Consideration should be made for the land uses in these areas to minimize the risk of pollution and to preserve the natural beauty of Five Mile Creek. 6.2.26Due to the topography of the site, the parcel currently accepts drainage water from the residential properties to the south. This drainage will need to be accommodated for in the development of the property. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained. herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer" or "Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two (2) years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. S. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: DEVELOPMENT AGREEMENT - 7 "Developer" consents upon default to the de -annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the "Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Developer", "Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer's" cost, and submit proof of such recording -to "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. . DEVELOPMENT AGREEMENT - 8 t 6 Is ee 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and `binding, ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cufed within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under 11-9-606 C of the Meridian City Code, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and DEVELOPMENT AGREEMENT - 9 Ll in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City", 16. ABIDE BY ALL CITY ORDINANCES: That "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Cleric City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Ionic Enterprises, Inc., a California Corporation, authorized to do business In Idaho as a foreign corporation, c/o Homco Development Co., Inc., 1664 Goldlcing Way, Boise, Idaho 83709 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. DEVELOPMENT AGREEMENT - 10 } i• } 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation DEVELOPMENT AGREEMENT - 11 t } and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Cleric. DEVELOPMENT AGREEMENT - 12 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. IONIC ENTERPRISES, INC., a California Corporation BY: Paul F. Stamas, President Developer Attest: Secretary BY RESOLUTION NO. CITY OF MERIDIAN BY: MAYOR ROBERT D. CORRIE Attest: CITY CLERK BY RESOLUTION NO. ey/Z:\Work\M\Meridian 15360M\Cobblestone Village\DevelopAgr DEVELOPMENT AGREEMENT - 13 k � ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. IONIC ENTERPRISES, INC., a California Corporation BY: Paul F. Stamas, President Developer Attest: Secretary BY RESOLUTION NO. CITY OF MERIDIAN BY: MAYOR ROBERT D. CORRIE Attest: CITY CLERK BY RESOLUTION NO. ey/Z:\Work\M\Meridian 15360M\Cobblestone Village\DevelopAgr DEVELOPMENT AGREEMENT - 13 STATE OF CALIFORNIA) :ss COUNTY OF ) On this day of , in the year 1999, before me, a Notary Public, personally appeared Paul F. Stamas and , known or identified to me to be the President and Secretary of Ionic Enterprises, Inc., who executed the instrument or the persons that executed the instrument of behalf of said corporation, and acknowledged to me having executed the same on behalf of said corporation. (SEAL) STATE OF IDAHO :ss County of Ada On this Notary Public for California Commission expires: day of , in the year , before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) DEVELOPMENT AGREEMENT - 14 Notary Public for Idaho Commission expires: r EXHIBIT A Legal Description Of Property A parcel of land being a portion of the Northeast 1/4 of the Northeast 1/4 of Section 18, T.3N., R.IE., Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a brass cap monumenting the northeast corner of said Section 18, said corner being the TRUE POINT OF BEGINNING, from which the North 1/4 corner of said Section 18 bears South 89°46'18" West 2,654.20 feet; thence South 00°31' 19" West 5 65.45 feet along the Easterly boundary of said Section 18 and the center line of South Locust Grove Road; thence leaving said section line and center line South 89°41'24" West 474.70 feet parallel with and lying 48.5 feet northerly from the north line of that certain warranty deed recorded as Instrument No. 700676 in the records of Ada County, Idaho to a point on the Easterly boundary of Medimont Subdivision No. 1 recorded in Book 75 of Plats at Page 7794 in the records of Ada County, Idaho: thence along the easterly boundary of said subdivision North 00°58'43" East 378.88 feet an angle point in said easterly boundary line; thence continuing along said easterly boundary line extended North 02014'38" West 187.40 feet to a point on the Northerly boundary of said Section 18; thence along said Northerly boundary North 89°46'18" East 480.70 feet to the TRUE POINT OF BEGINNING. Said parcel contains 6.16 acres, more or less. DEVELOPMENT AGREEMENT - 15 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval .:,�•,�� �=-�Z.�•-�-L ruv-.ty-t�'Kf1�T�LIN -ROAD BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) Case No. AZ -99-005 APPLICATION OF STAiNIAS } CORPORATION/IONIC ) FINDINGS OF FACT AND ENTERPRISES, INC., THE ) CONCLUSIONS OF LAW AND APPLICATION FOR ) DECISION AND ORDER ANNEXATION AND ZONING ) GRANTING APPLICATION OF 6.15 ACRES FOR ) FOR ANNEXATION AND COBBLESTONE VILLAGE AT ) ZONING THE SOUTHWEST CORNER } OF LOCUST GROVE AND ) FRANKLIN ROAD, MERIDIAN, ) IDAHO ) The above entitled annexation and zoning application having come on for public hearing on the 6th of July, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, and Gary Smith, Public Works Director, appeared and testified, and appearing on behalf of the applicant were JoAnn Butler, attorney for the applicant, Moe Therian, real estate appraiser for the applicant, and Gary Lee with JUB Engineers, and Lance Fish, resident at 4232 Adam Street, Boise and resides in the Lakewood project which Mr. Peterson was involved in for a single family residential neighborhood with apartments, and all having appeared and testified in favor of the application, and Jim Witherell, Robert R. Smith, Morgan FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD application was not initiated at the request of the City of Meridian. 9. The property is located at the southwest corner of Locust Grove Road and Franklin Road, Meridian, Idaho. 10. The subject property is bordered to the west by Medimont (Stonebridge) Subdivision, to the south and east by Ada County Rural Transitional properties and the city limits of the City of Meridian are adjacent and abut to the north of the subject property across Franklin Road, currently zoned General Retail and Service Commercial (C -G). 11. The land within the proposed annexation area is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 12. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 13. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 14. The applicant proposes to develop the subject property in the following manner: the construction and development of a 96 -unit apartment complex, to include: ., t; 6 one bedroom units, 4 u,-4 - 58 two bedroom units, 24 three bedroom units, and 8 four bedroom units, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRAdNTING APPLICATION FOR ANNEXATION AND ZONING/6. I S ACRES FOR CONBLF S�TNKLINE NIROAD AT THE SOUTHWEST CORNER OF LOCUST GROVE with a density of 15.6 units per acre, parking of 192 spaces with 6 handicap accessible parking spaces, with the following, setbacks: i 1 REQUIRED PROPOSED Front 20' 35' (Franklin) Rear 15' 15' Side 0' 15' Street Side 20' 20' 15. The Applicant request zoning of the subject real property as High Density Residential (R-40). It is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Use/ Planned Unit Development. 16. Meridian, through its Comprehensive Plan, states as follows: 16.1 Encourages the future population growth of the City to locate within the Area of City Impact. (Policy I.1, Page E-9) 16.2 This area is contiguous with Meridian Urban Service Planning Areas where "municipal services and utilities are available or planned for. (Page E-3) 16.3 Meridian's policy is to use unimproved land in the Urban Service Planning Area in order to "maximize public investments, curtail urban sprawl and protect existing agricultural lands outside of this Area of Impact. (Page E-10, Policy 1.3) 16.4 The Meridian PIan insists that no new residential development should be approved outside of the Urban Service Planning Area. The project is located w-ithin the Area of Impact. (Page E-10, Policy 1.4) FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION ANTI) ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD 16.12 The project fosters the policy of Meridian for compatible land use and design (including an extensive landscape treatment for the site). (Page E-19, Policy 1.8) A r 16,13 The project will ma)dn-ize benefit to the residents, minimize conflicts and provide a tie-in between residential areas and service needs. (Page E-67, Policy 1.6) 17. The City of Meridian's Comprehensive Plan calls for the timely provision of adequate infrastructure including roads, sewer, water and drainage to allow development of Commercial Activity Centers. The applicant will be extending City services and will continue to work with the City, ACRD, and others to coordinate the provision of infrastructure necessary to accommodate the project. Costs of services in connection with the project will be paid for, in substantial part, by the applicant. 18. The area included in the annexation and zoning request is intended to be rezoned from the existing Ada County Rural Transitional (R -T). The area included in the zoning amendment is within Meridian's .Area of Impact. By expanding the Area of Impact, Meridian has made the legislative determination that ° this area is to be annexed and zoned from existing County zoning to City zoning. 19. There has been change.,in the area of the project which dictates that the property be zoned as requested. When the Citv of Meridian adopted its ' Comprehensive Plan, it identified the area as appropriate for a Planned Unit I' Development. When the City of iMeridian adopted its Area of Impact, it determined } FINDINGS OF FACT,'AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GR.�.NTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST COIZINER OF LOCUST GROVF, AND FRANKLIN ROAD a o ' — that it would eventually annex the area. It is appropriate for the City of Meridian to rezone from the existing County Rural Transitional zone to R-40, so that the City can work with the developer to extend services further into the Area of Impact. By extending services, especially to property immediately contiguous to the City; the City will be able to meet its goal of extending services throughout the Area of Impact over the next several years. 20. As stated in Meridian's Comprehensive Plan, higher density residential development must be provided to meet the growing demands of the community. When adopting the Comprehensive Pian, the City acknowledged that, in the near future, this area would demand new residential uses as a complimentary mix to the existing employment opportunities. 21. The proposed multi -family residential use will not be hazardous or disturbing to existing or future uses. The residences will provide housing close to jobs and services, and the conditions of approval recommended by Staff and the Planning and Zoning ,Commission ensure compatibility. The site plan depicts a park -like setting will be created for this project. Extensive setbacks and fencing will be provided at the southern boundary of the site to prevent disturbance to existing neighbors. One neighbor requested the applicant consider erecting a masonry wall, and which the applicant agreed to construct. Design details should be worked out with Staff and the Planning and Zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD i FE IL Commission. The windows have been designed to look away from the emisting residences in the area. The project will therefore be a compatible project. 22. The City's Comprehensive Plan and Zoning Ordinance calls for the provision of adequate infrastructure including roads, waste disposal and water to allow development. Ionic Enterprises is required to work with the City, ACRD, and others to coordinate the provision of services necessary to accommodate the project. The City has received testimony from the agencies and departments and there have been no objections from those entities. 23. This project is a natural progression of the development of Meridian's Area of Impact, which Meridian previously has identified for development. Development of the location ensures public facilities will be extended to all areas within the Area of Impact in a reasonable, progressive mariner. The cost for most of these services will be funded by the applicant. The project will not be detrimental to the economic welfare of the community, but will help ensure that Meridian can provide the service it has planned for this portion of the Area of Impact. 24. The project is proposed as a conditional use, and through the City's Staff and Planning and Zoning Commission, will set a number of conditions of approval to ensure that any potential detrimental element (such as lights) will not be excessive, and will be minimized. 25. The City's professional traffic engineer and ACHD have determined FINDINGS OF FACT AND CONCLUSIONS OF LAW - page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6,15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD that the project will not unduly burden the road system. Additionally, the applicant asked TUB Engineers to prepare a traffic study for the proposed project, which study revealed the street system is adequate to serve the project. The study was presented at the Planning and Zoning Commission meeting. 26. The two intended accesses are located at Franklin Road, approximately 400 feet west of the intersection with Locust Grove. The other access is approximately 400 feet south of the intersection on Locust Grove. Site distances are adequate from both locations. It has been found that there would be no undue interference with existing or future traffic patterns. . 27. The project will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 28. The project is designed to be compatible with and to further the goals, objectives, policies, and programs of the Comprehensive Plan, which goals have been adopted by the City to promote the public convenience and welfare. The project assists the City in improving the economic, social, and physical health of the community through better land use policies that do not violate private property rights, adversely impact property values, or create unnecessary technical limitations on the use of private property. The project is designed to create a cohesive planned residential project and thus would achieve public benefits envisioned by the City of Meridian's Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND.ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AIND FRANKLIN ROAD C 29. The annexation and zoning and conditional use requested supports the t - goals and objectives of the Comprehensive Plan in the Meridian Area of Impact and Urban Services Planning Area. 30. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning a jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public. if the following conditions of development are imposed: Adopt the Planning and Zoning and Assistant to City Engineers Staff continents of April 9, 1999, as follows: 30.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11 -9 605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted -to the Public Works Department: No variances have been requested for tiling of any ditches crossing this project. 30.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic services per City Ordinance Section 5-76-517. Wells may be used for non- domestic purposes such as landscape irrigatibn. 30.3 Off-street parking shall be provided in accordance with Section 11-2-414 of th6 City of Meridian -Zoning and Development Ordinance and/or as detailed in site-specific requirements. q r 30.4 Paving and striping shall_be in accordance with the standards set forth in Sections 11' -2 -414.D.4 -and- I 1-2-414.D.5. of the -City of r FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION ANb ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD Meridian Zoning and Development Ordinance and in accordance With Americans with Disabilities Act (ADA) requirements. 30.5 A drainage pian designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City .Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 30.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance With City Ordinance Section 11-2-414.D.3. 30.7 All signage shall be in accordance with the standards set forth in Section I1-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 30.8 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 30.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 30.10 Provide revised site plan detailing all existing and proposed utilities for review by the Meridian Public Works Department. Designer is to coordinate sizing and routing of sanitary sewer and water within the development with the Public Works Department. 30.11 Provide Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 30.12 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, "Late Comers" fees may also be charged against this parcel to help reimburse the parties responsible for installing FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNIER OF LOCUST GROVE AND FRANKLIN ROAD mains to their current points. 30,13 A total of 57 three-inch caliper trees are required for the project. Due to the issues of entryway corridors and buffering of adjacent properties, trees in addition to the required three-inch caliper trees should be provided. Landscape buffers on Locust Grove Road and Franklin road need to show detailed vegetation and tree plantings. Sodding only of these areas is not acceptable. Provide detailed landscape plan for review and approval. 30.14 Particular attention will need to be paid to lighting plans to ensure adjacent residential properties and the traveling public is not impacted by glare, as determined by the City of Meridian. 30.15 Signage shall be limited to one low -profile monument type sign near the intersection of Franklin Road and Locust Grove Road. Detailed signage plans will be subject to design review. 30.16 Construct five -foot -wide sidewalks along the entire frontages of Franklin Road and Locust Grove Road. 3 0. 17 Revise site plan to show screened trash enclosures. Coordinate locations and construction requirements with Meridian Sanitary Service, Inc., and provide a letter of approval from their office prior to applying for building permits. 30.18.Provide handicapped accessible parking spaces in accordance with the Americans with Disabilities Act. All building and parking lot construction needs to meet the requirements of the Americans with Disabilities Act. 30.19 The parking areas shown do not meet minimum Ordinance requirements of a 9'x 9' stall with a minimum 25' driveway aisle. The parking dimensions shown could be acceptable given consideration for bumper overhang; however, the adjacent walkways should either be divided by a planing strip or increased in width to a minimum of seven feet wide. 30.20 Drainage swales should not be within the landscape setbacks FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWESf CORNER OF LOCUST GROVE AND FRANKLIN ROAD I along Franklin and Locust Grove, as they do not provide buffering. 30.21 Provide a landscaped setback of 35 feet beyond required right-of- way along Franklin Road. 30.22 No City water will be allowed for landscape irrigation. 30.23 Six -foot -high, permanent perimeter fencing and buffering shall be provided adjacent to the existing residential use. 30.24 A development agreement is required as a condition of annexation. The development agreement should incorporate a limitation on maximum density, buffering details, entryway corridor requirements, etc. 30.25 Five Mile Creek is designated as multiple use pathway in the Meridian Comprehensive Plan. Fish, wildlife and vegetation species and habitat should be protected and maintained, provided it is in the best interests of the City of Meridian. Consideration should be made for the land uses in these areas to minimize the risk of pollution and to preserve the natural beauty of Five Mile Creek. 30.26 Due to the topography of the site, the parcel currently accepts drainage water from the residential properties to the south. This drainage will need to be accommodated for in the development of the property. 31. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact no. 30, and all subparts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE MND FRANKLIN ROAD A A 32. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW 1. The Citv of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 1I- 2-417 provides the City may annex real property chat is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2, The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.1 Encourages the future population growth of the City to locate within the Area of City Impact. (Policy 1. 1, Page E-9) 4.2 This area is contiguous with ?Meridian Urban Service Planning Areas where "municipal services and utilities are available or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATIONAND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD planned. for. (Page E-3) , 4.3 Meridian's policy is to use unimproved land in the Urban Service Planning Area in order to "maximize public investments, curtail urban -sprawl and protect existing agricultural lands outside of this Area of Impact. (Page E-10, Policv 1.3) 4.4 The Meridian Plan insists that no new residential development should be approved outside of the Urban Service Planning Area. The project is located within the Area of Impact. (Page 'E-10, Policy 1.4) 4.5 The Comprehensive Plan acknowledges that meeting the challenge of providing services to citizens requires the expansion of the City's economic base along with creating new job opportunities for citizens and creating new residential opportunities. (Page E-15) 4.6 Housing is a dominate physical feature in the principal land uge within Meridian. As the region's population grows, the demand for housing will increase. Meridian will continue to develop into the ideal community only by maintaining and upgrading the quality of.existing and.new dwelling units and at the same time developing a strong commercial and industrial base. ((Page 66) 4.7 The°location of�the project supports the City's encouragement of a wide diversity of,housing types (single-family, modular, mobile homes and multi -family) and choices -between ownership and rental units for all income groups in a variety of locations. (Page. E-67, Policy 1.1) 4.8 It is the Housing Goal of Meridian to provide a sufficient choice of adequate housing in the community to meet the needs of individuals of all socioeconomic backgrounds, the elderly and disabled.- (Page 66) 4.9 It is the policy of the City to support a variety of residential choices for the purpose of providing the City with a range of affordable housing opportunities. (Page 23, Policy 2. IU) As FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.1 S ACRES FOR COBBLESTONE VILLAGE AT- THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD testified to at the July 6, 1999, City Council meeting, there is a shortage of apartments to give Meridian residents choices. This project helps Meridian meet its housing goals. 4.10 The City promotes the development of housing for all income groups close to employment and shopping centers. (Page E-67, Policy 1.4) 4.11 The application presents the City with a unified, integrated development, near major access thoroughfares. (Page E-68, Policy 1.19) 4.12 The project fosters the policy of Meridian for compatible land use and design (including an extensive landscape treatment for the site). (Page E-19, Policy 1.8) 4.13 The project will maximize benefit to the residents, minimize conflicts and provide a tie-in between residential areas and service needs. (Page E-67, Policy 1.6) 5. The requested zoning of (R-40) High Density Residential District is defined in the Zoning Ordinance at 11-2-408 B. 6. as follows: �R-40LHigh Density Residential District: The purpose of the (R-40) District is to permit the establishment of high density residential uses at a density not exceeding forty (4) dwelling units per acre. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. 6. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, A, Residential, lists residential uses allowed in the various zoning districts of the City; that apartments are listed as conditional uses in the High Density Residential District (R-40). 7. By authority of the City of Meridian under the Comprehensive Plan, a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR .ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNIER OF LOCUST GROVE AND FRANKLIN ROAD conditional use permit is required for Applicant to construct and develop a 96 -unit apartment complex on this parcel of land. 8. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 Ptd 1075 (1983). 9. The development of the annexed 1and, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 10. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 11. Section 11-2417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD A i • FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The application for annexation and a zoning designation of High Density Residential District (R-40) of 6.15 acres located at the southwest comer of Locust Grove Road and Franklin Road is granted. 2. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution,No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. (See the legal description attached as Exhibit "A" and incorporated here as if set forth in full.) 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. (R-40) High Density Residential Ordinance which shall not be finally approved by the City Council until provisions of part 2 and 4 of this order have been met. �"4 Y 4. Developer enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the .property shall be subject to de -annexation, with the City of Meridian which provides for the following conditions of development to -wit: 4.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- 605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 4.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic services per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 4.3 Off-street parl<ing shall be provided in accordance with Section FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 .AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 4.4 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 4.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 4.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 4.7 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 4.8 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 4.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 4.10 Provide revised site plan detailing all existing and proposed utilities for review by the Meridian Public Works Department. Designer is to coordinate sizing and routing of sanitary sewer and water within the development with the Public Works Department. 4.11 Provide Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD 4.12 4.12 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, "Late Comers" fees may also be charged against this parcel to help reimburse the parties responsible for installing mains to their current points. 4.13 A total of 57 three-inch caliper trees are required for the project. Due to the issues of entryway corridors and buffering of adjacent properties, trees in addition to the required three-inch caliper trees should be provided. Landscape buffers on Locust Grove Road and Franklin road need to show detailed vegetation and tree plantings. Sodding only of these areas is not acceptable. Provide detailed landscape plan for review and approval. 4.14 Particular attention will need to be paid to lighting plans to ensure adjacent residential properties and the traveling public is not impacted by glare, as determined by the City of Meridian. 4.15 Signage shall be limited to one low -profile monument type sign near the intersection of Franklin Road and Locust Grove Road. Detailed signage plans will be subject to design review. 4.16 Construct five -foot -wide sidewalks along the entire frontages of Franklin Road and Locust Grove Road. 4.17 Revise site plan to show screened trash enclosures. Coordinate locations and construction requirements with Meridian Sanitary Service, Inc., and provide a letter of approval from their office prior to applying for building permits. 4.18 Provide handicapped accessible parking spaces in accordance with the Americans with Disabilities Act. All building and parking lot construction needs to meet the requirements of the Americans with Disabilities Act. 4.19 The parking areas shown do not meet minimum Ordinance requirements of a 9'x 9' stall with a minimum 25' driveway aisle. The parking dimensions shown could be acceptable given consideration for bumper overhang; however, the adjacent FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 AND DECISION ASID ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AINID FRANI(LIN ROAD walkways should either be divided by a planing strip or increased in width to a minimum of seven feet wide. 4.20 Drainage swales should not be within the landscape setbacks along Franklin and Locust Grove, as they do not provide buffering. 4.21 Provide a landscaped setback of 35 feet beyond required right-of- way along Franklin Road. 4.22 No City water will be allowed for landscape irrigation. 4.23 Six -foot -high, permanent perimeter fencing and buffering shall be provided adjacent to the existing residential use. 4.25 Five Mile Creek is designated as multiple use pathway in the Meridian Comprehensive Plan. Fish, wildlife and vegetation species and habitat should be protected and maintained, provided it is in the best interests of the City of Meridian. Consideration should be made for the land uses in these areas to minimize the risk of pollution and to preserve the natural beauty of Five Mile Creek. 4.26 Due to the topography of the site, the parcel currently accepts drainage eater from the residential properties to the south. This drainage will need to be accommodated for in the development of the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD LE NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held July 20, 1999. ROLL CALL COUNCILMAN RON ANDERSON VOTED _) COUNCILMAN GLENN BENTLEY VOTED T­'� COUNCILMAN KEITH BIRD VOTED COUNCILMAN CHARLIE ROUNTREE VOTED MAYOR ROBERT D. COME (TIE BREAKER) VOTED DATED:--Fy FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD M MOTION: APPROV DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. By' Dated: ity Clerk insg/ZAWork\M\Meridian 15360M\Cobbles Lone Village\A=f0s FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD It State of Idaho CEF.TIFICATE OF AUTHORITY - OF IONIC ENTERPRISES, LNC. File number C 130879 I, PETE T. CENARRUSA, Secretary of State of the State of Idaho, hereby certify that an Application for Certificate of Authoritv to transact business in this State, dulv executed pursuant to the provisions of the Idaho Business Corporation Act, have been received in this office and are found to conform to law-. ACCORDINGLY" and by :-irtue of the authority vested in me by law, I issue this Certificate of Authoritv to transact business in this State attach hereto a duvIlcate of the Application for such Certificate. Dated: October 19, 1999 By SECRETARY OF STATE I APPLICATION FOR CERTIFICATE OF AUTHORITY (-For Profit) (instructions on Back of Application) To the Secretary of State of Idaho: The undersigned Corporation applies for a Certificate of Authority and states as follows: OO 1. The name of the corporation is Ionic Enterprises, Inc. c' ,77 2. The name which it shall use in Idaho is Ionic Enterprises, Inc. 3. Itis incorporated under the laws of California r; 4. Its date of incorporation is 5. The address of its principa office is One Sierra Gate Plaza 355B Roseville, CA 95678 6. The address to which correspondence should be addressed, if different from item 5, is 7. The street address of its registered office in Idaho is 1 664 S. Goldking Way, Boise, ID 83709 ,and its registered agent in Idaho at that address is Bryce Peterson 8. The names and respective business addresses of its directors and officers are: Name Paul Z. Stamas Debbie A. Stamas Dated: Office Director/ f rif5 Director Ionic Enterprises, Inc. (Corp name By _ m Paul Stamas Its President 13 (specify capacity of signer) Address 5080 Wexburg Circle Granite Bay, CA 95746 same Customer Acct # : (if using pre -paid account) a3ECREOFe%#W 10/20/1999 09:00 CK: 6844 CT: 39368 BH: 259511 1 I 188.88 = 188.00 AUTH PRO 112 I( f SECRETARY OF STATE CERTIFICATE OF STATUS DOMESTIC CORPORATION aC I, BILL JONES, Secretary of State of the State of Califomia, hereby certify: 21 st January 98 That on the day of ,19 , IONIC ENTERPRISES, INC. became incorporated under the laws of the State of California by filing its Articles of Incorporation in this office; and That no record exists in this office of a certificate of dissolution of said corporation nor of a court order declaring dissolution thereof, nor of a merger or consolidation which terminated its existence; and That said corporation's corporate powers, rights and privileges are not suspended on the records of this office; and Thai according to the records of this office, the said corporation is authorized to exercise all its corporate powers, rights and privileges and is in good legal standing in the State of California; and That no information is available in this office on the financial condition, business activity or practices of this corporation. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of October 5, 1999 ®r oapojl- Secretary of State SEC/STATE FORM CF- 112 IREV. 97951 OSP 99 20988 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. Attest: Secretary BY RESOLUTION NO. Attest: CITY CLERK BY RESOLUTION NO. IONIC ENTERPRISES, INC., a California Corporation PIM Paul F. Stamas, President Developer CITY OF MERIDIAN YOR ROBERT tP044 SEAL ���lJl7ptJJl ,t,11���`\ ey/Z:\Work\M\Meridian 15360M\Cobblestone Village\DevelopAgr DEVELOPMENT AGREEMENT - 13 1 ' � It, STATE OF CALIFORNIA) :ss COUNTY OF ) On this day of in the year 1999, before me, a Notary Public, personally appeared Paul F. Stamas and , known or identified to me to be the President and Secretary of Ionic Enterprises, Inc., who executed the instrument or the persons that executed the instrument of behalf of said corporation, and acknowledged to me having executed the same on behalf of said corporation. (SEAL) STATE OF IDAHO ) Notary Public for California Commission expires: :ss County of Ada ) On this day of tw,e�-v� �_ �. , in the year Z&, before me, a Notary Public, personally appeared Robert D. Come and William G. Berg, know or identified to me to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. D. �A* � AOB LIG _ OF I'D DEVELOPMENT AGREEMENT - 14 Notary Public for Idaho Commission expires: y; & EXHIB IT A Legal Description Of PropertT A parcel of land being a portion of the Northeast 1/4 of the Northeast 1/4 of Section I8, T.3N., R.IE., Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a brass cap monumenting the northeast corner of said Section 18, said corner being the TRUE POINT OF BEGINNING, from which the North 1/4 corner of said Section 18 bears South 89°46'18" West 2,654.20 feet; thence South 00°3I'l9" West 565.45 feet along the Easterly boundary of said Section 18 and the center line of South Locust Grove Road; thence leaving said section line and center line South 89°41'24" West 474.70 feet parallel with and lying 48.5 feet northerly from the north line of that certain warranty deed recorded as Instrument No. 700676 in the records of Ada County, Idaho to a point on the Easterly boundary of Medimont Subdivision No. I recorded in Book 75 of Plats at Page 7794 in the records of Ada County, Idaho: thence along the easterly boundary of said subdivision North 00058'43" East 378.88 feet an angle point in said easterly boundary line; thence continuing along said easterly boundary line extended North 02014138" West 187.40 feet to a point on the Northerly boundary of said Section 18; thence along said Northerly boundary North 89046'18" East 480.70 feet to the.TRUE POINT OF BEGINNING. Said parcel contains 6.16 acres, more or less. DEVELOPMENT AGREEMENT - 15 y EXHIBIT B Findings of Fact and Conclusions of Law Conditions of Approval DEVELOPMENT AGREEMENT - 16 �t BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF STAN AS CORPORATION/IONIC ENTERPRISES, INC., THE APPLICATION FOR ANNEXATION AND ZONING OF 6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD, MERIDIAN, IDAHO Case No. AZ -99-005 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on the 6th of July, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, and Gary Smith, Public Works Director, appeared and testified, and appearing on behalf of the applicant were JoAnn Butler, attorney for the applicant, Moe Therian, real estate appraiser for the applicant, and Gary Lee with JUB Engineers, and Lance Fish, resident at 4232 Adam Street, Boise and resides in the Lakewood project which Mr. Peterson was involved in for a single family residential neighborhood with apartments, and all having appeared and testified in favor of the application, and Jim Witherell, Robert R. Smith, Morgan FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ.IN ROAD l 0 to Plant, Archie Roberson, Reece McMillan, Ted Hanson, Gene Preslev, Ernie Roberson, Jeri Smith, all having testified in opposition and the City Council having dulv considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for July 6, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the July 6, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§11-2-416E and 11-2-417A, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ,IN ROAD IT F Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing'the Impact Area Boundary. 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 6.15 acres in size. The property is located at the southwest corner of Locust Grove Road and Franklin Road, Meridian, Idaho. 5. The Applicants, Stamas Corporation/Ionic Enterprises, Inc., of 1 Sierra Gate Plaza 3558, Roseville, California, and are acting on behalf of the record owners of the property Monte C. and Beverley J. McClure of 2626 W. Penick Pointe Lane, Meridian, Idaho, and has filed a written request for annexation and zoning. 6. The property is presently zoned by Ada County as Rural Transition (R- T), and consists of a vacant single family dwelling. 7. The Applicant requests the property be zoned as High Density Residential District (R-40). 8. The Applicant has requested the annexation and this zoning, and the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANI(LIN ROAD a ,r application was not initiated at the request of the City of Meridian. 9. The property is located at the southwest corner of Locust Grove Road and Franklin Road, Meridian, Idaho. 10. The subject property is bordered to the west by Medimont (Stonebridge) Subdivision, to the south and east by Ada County Rural Transitional properties and the city limits of the City of Meridian are adjacent and abut to the north of the subject property across Franklin Road, currently zoned General Retail' and Service Commercial (C -G). 11. The land within the proposed annexation area is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 12. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 13. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 14. The applicant proposes to develop the subject property in the following manner: the construction and development of a 96 -unit apartment complex, to include: from 24 one bedroom units to 6 one bedroom units, from 40 two bedroom units to 58 two bedroom units, 24 three bedroom units, and 8 four bedroom units, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANI(LIN ROAD F 1 # with a density of 15.6 units per acre, parking of 192 spaces with 6 handicap accessible parking spaces, with the following setbacks: Front Rear Side Street Side REQUIRED 20' 15' 0' 20' PROPOSED 35' (Franklin) 15' 15' 20' 15. The Applicant request zoning of the subject real property as High Density Residential (R-40). It is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Use/ Planned Unit Development. 16. Meridian, through its Comprehensive Plan, states as follows: 16.1 Encourages the future population growth of the City to locate within the Area of City Impact. (Policy I.1, Page E-9) 16.2 This area is contiguous with Meridian Urban Service Planning Areas where "municipal services and utilities are available or planned for. (Page E-3) 16.3 Meridian's policy is to use unimproved land in the Urban Service Planning Area in order to "maximize public investments, curtail urban sprawl and protect existing agricultural lands outside of this Area of Impact. (Page E-10, Policy 1.3) 16.4 The Meridian Plan insists that no new residential development should be approved outside of the Urban Service Planning Area. The project is located within the Area of Impact. (Page E-10, Policy 1.4) FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD - 16.5 The Comprehensive Plan acknowledges that meeting the challenge of providing services to citizens requires the expansion of the City's economic base along with creating new job opportunities for citizens and creating new residential opportunities. (Page E-15) 16.6 Housing is a dominate physical feature in the principal land use within Meridian. As the region's population grows, the demand for housing will increase. Meridian will continue to develop into the ideal cornmunity only by maintaining and upgrading the quality of existing and new dwelling units and at the same time developing a strong commercial and industrial base. ((Page 66) 16.7 The location of the project supports the City's encouragement of a wide diversity of housing types (single-family, modular, mobile homes and multi -family) and choices between ownership and rental units for all income groups in a variety of locations. (Page E-67, Policy 1.1) 16.8 It is the Housing Goal of Meridian to provide a sufficient choice of adequate housing in the community to meet the needs of individuals of all socioeconomic backgrounds, the elderly and disabled. (Page 66) 16.9 It is the policy of the City to support a variety of residential choices for the purpose of providing the City with a range of affordable housing opportunities. (Page 23, Policy 2.1U) As testified to at the -July 6, 1999, City Council meeting, there is a shortage of apartments to give Meridian residents choices. This project helps Meridian meet its housing goals. 16.10 The City promotes the development of housing for all income groups close to employment and shopping centers. (Page E-67, Policy 1.4) 16.11 The application presents the City with a unified, integrated development, near major access thoroughfares. (Page E-68, Policy 1.19) FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD Y 16.12 The project fosters the policy of Meridian for compatible land use and design (including an extensive landscape treatment for the site). (Page E-19, Policy 1.8) 16.13 The project will maximize benefit to the residents, minimize conflicts and provide a tie-in between residential areas and service needs. (Page E-67, Policy 1.6) 17. The City of Meridian's Comprehensive Plan calls for the timely provision of adequate infrastructure including roads, sewer, water and drainage to allow development of Commercial Activity Centers. The applicant will be extending City services and will continue to work with the City, ACHD, and others to coordinate the provision of infrastructure necessary to accommodate the project. Costs of services in connection with the project will be paid for, in substantial part, by the applicant. 18. The area included in the annexation and zoning request is intended to be rezoned from the existing Ada County Rural Transitional (R -T). The area included in the zoning amendment is within Meridian's Area of Impact. By expanding the Area of Impact, Meridian has made the legislative determination that this area is to be annexed and zoned from existing County zoning to City zoning. 19. There has been change in the area of the project which dictates that the property be zoned as requested. When the City of Meridian adopted its Comprehensive Plan, it identified the area as appropriate for a Planned Unit Development. When the City of Meridian adopted its Area of Impact, it determined FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANI(LIN ROAD r that it would eventually annex the area. It is appropriate for the City of Meridian to rezone from the existing County Rural Transitional zone to R-40, so that the Citv can work with the developer to extend services -further into the Area of Impact. By extending services, especially to property immediately contiguous to the City, the Citv will be able to meet its goal of extending services throughout the Area of Impact over the next several years. 20. As stated in Meridian's Comprehensive Plan, higher density residential development must be provided to meet the growing demands of the community. When adopting the Comprehensive Plan, the City acknowledged that, in the near future, this area would demand new residential uses as a complimentary mix to the existing employment opportunities. 21. The proposed multi -family residential use -,vill not be hazardous or disturbing to existing or future uses. The residences will provide housing close to jobs and services, and the conditions of approval recommended by Staff and the Planning and Zoning Commission ensure compatibility. The site plan depicts a park -like setting will be created for this project. Extensive setbacks and fencing will be provided at the southern boundary of the site to prevent disturbance to existing neighbors. One neighbor requested the applicant consider erecting a masonry wall, and which the applicant agreed to construct. Design details should be worked out with Staff and the Planning and Zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION ` FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD Commission. The windows have been designed to tool-, away from the existing residences in the area. The project will therefore be a compatible project. 22. The City's Comprehensive Plan and Zoning Ordinance calls for the provision of adequate infrastructure including roads, waste disposal and water to allow development.. Ionic Enterprises is required to work with the City, ACRD, and others to coordinate the provision of services necessary to accommodate the project. The City has received testimony from the agencies and departments and there have been no objections from those entities. 23. This project is a natural progression of the development of Meridian's Area of Impact, which Meridian previously has identified for development. Development of the location ensures public facilities will be extended to all areas within the Area of Impact in a reasonable, progressive manner. The cost for most of these services will be funded by the applicant. The project will not be detrimental to the economic welfare of the community, but will help ensure that Meridian can provide the service it has planned for this portion of the Area of Impact. 24. The project is proposed as a conditional use, and through the City's Staff and Planning and Zoning Commission, will set a number of conditions of approval to ensure that any potential detrimental element (such as lights) will not be excessive, and will be minimized. 25. The City's professional traffic engineer and ACHD have determined FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND- ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD s that the project will not unduly burden the road system. Additionallv, the applicant y i asked JUB Engineers to prepare a traffic study for the proposed project, which study revealed the street system is adequate to serve the project. The study was presented at the Planning and Zoning Commission meeting. 26. The two intended accesses are located at Franklin Road, approximately 400 feet west of the intersection with Locust Grove. The other access is approximately 400 feet south of the intersection on Locust Grove. Site distances are adequate from both locations. It has been found that there would be no undue interference with existing or future traffic patterns. 27. The project will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 28. The project is designed to be compatible with and to further the goals, objectives, policies, and programs of the Comprehensive Plan, which goals have been adopted by the City to promote the public convenience and welfare. The project assists the City in improving the economic, social, and physical health of the community through better land use policies that do not violate private property rights, adversely impact property values, or create unnecessary technical limitations on the use of private property. The project is designed to create a cohesive planned residential project and thus would achieve public benefits envisioned by the City of Meridian's Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD 29. The annexation and zoning and conditional use requested supports the goals and objectives of the Comprehensive Plan in the Meridian Area of Impact and Urban Services Planning Area. 30. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Planning and Zoning and Assistant to City Engineers Staff comments of April 9, 1999, as follows: 30.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City'Ordinance 11-9- 605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 30.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic services per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 30.3 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 30.4 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5. of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I I AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD 'A* • mains to their current points. 30.13 A total of 57 three-inch caliper trees are required for the project. Due to the issues of entryway corridors and buffering of adjacent properties, trees in addition to the required three-inch caliper trees should be provided. Landscape buffers on Locust Grove Road and Franklin road need to show detailed vegetation and tree plantings. Sodding only of these areas is not acceptable. Provide detailed landscape plan for review and approval. 30.14 Particular attention will need to be paid to lighting plans to ensure adjacent residential properties and the traveling public is not impacted by glare, as determined by the City of Meridian. 30.15 Signage shall be limited to one low -profile monument type sign near the intersection of Franklin Road and Locust Grove Road. Detailed signage plans will be subject to design review. 30.16 Construct five -foot -wide sidewalks along the entire frontages of Franklin Road and Locust Grove Road. 30.17 Revise site plan to show screened trash enclosures. Coordinate locations and construction requirements with Meridian Sanitary Service, Inc., and provide a letter of approval from their office prior to applying for building permits. 30.18 Provide handicapped accessible parking spaces in accordance with the Americans with Disabilities Act. All building and parking lot construction needs to meet the requirements of the Americans with Disabilities Act. 30.19 The parking areas shown do not meet minimum Ordinance requirements of a 9'x 9' stall with a minimum 25' driveway aisle. The parking dimensions shown could be acceptable given consideration for bumper overhang; however, the adjacent walkways should either be divided by a planing strip or increased in width to a minimum of seven feet wide. 30.20 Drainage swales should not be within the landscape setbacks FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD along Franklin and Locust Grove, as they do not provide buffering. 30.21 Provide a landscaped setback of 35 feet beyond required right-of- way along Franklin Road. 30.22 No City water will be allowed for landscape irrigation 30.23 Six -foot -high, permanent perimeter fencing and buffering shall be provided adjacent to the existing residential use. 30.24 A development agreement is required -as a condition of annexation. The development agreement, should incorporate a limitation on maximum density, buffering details, entryway t corridor requirements, etc. n 30.25 Five Mile Creek is designated as multiple use pathway in the Meridian Comprehensive Plan. Fish, wildlife and vegetation species and habitat should be protected and maintained, provided it is in the best interests of the City of Meridian. Consideration should be made for the land uses in these areas to minimize the risk of pollution and to preserve the natural beauty of Five Mile Creek. 3 0.2 6 Due to the topography of the site, the parcel currently accepts drainage water from the residential properties to the south. This drainage will need to be accommodated for in the development of the property. 31. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact no. 30, and all subparts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANI(LIN ROAD , , Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 30.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 30.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 30.7 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 30.8 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 30.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 3 0. 10 Provide revised site plan detailing all existing and proposed utilities for review by the Meridian Public Works Department. Designer is to coordinate sizing and routing of sanitary sewer and water within the development with the Public Works Department. 30.11 Provide Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 30.12 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, "Late Comers" fees may also be charged against this parcel to help reimburse the parties responsible for installing FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD tz q 32. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 1I- 2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.1 Encourages the future population growth of the City to locate within the Area of City Impact. (Policy 1. 1, Page E-9) 4.2 This area is contiguous with Meridian Urban Service Planning Areas where "municipal services and utilities are available or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD planned for. (Page E-3) 4.3 Meridian's policy is to use unimproved land in the Urban Service Planning Area in order to "maximize public investments, curtail urban sprawl and protect existing agricultural lands outside of this Area of Impact. ( Page E-10, Policy 1.3) 4.4 The Meridian Plan insists that no new residential development should be approved outside of the Urban Service Planning Area. The project is located within the Area of Impact. (Page E-10, Policy 1.4) 4.5 The Comprehensive Plan acknowledges that meeting the challenge of providing services to citizens requires the expansion of the City's economic base along `,vith creating new job opportunities for citizens and creating new residential opportunities. (Page E-15) 4.6 Housing is a dominate physical feature in the principal land use within Meridian. As the region's population grows, the demand for housing will increase. Meridian will continue to develop into the ideal community only by maintaining and upgrading the quality of existing and new dwelling units and at the same time developing a strong commercial and industrial base. ((Page 66) 4.7 The location of the project supports the City's encouragement of a wide diversity of housing types (single-family, modular, mobile homes and multi -family) and choices between ownership and rental units for all income groups in a variety of locations. (Page E-67, Policy 1.1) 4.8 It is the Housing Goal of Meridian to provide a sufficient choice of adequate housing in the community to meet the needs of individuals of all socioeconomic backgrounds, the elderly and disabled. (Page 66) 4.9 It is the policy of the City to support a variety of residential choices for the purpose of providing the City with a range of affordable housing opportunities. (Page 23, Policy 2.1U) As FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD A D testified to at the July 6, 1999 City Council meeting, there is a shortage of apartments to give Meridian residents choices. This project helps Meridian meet its housing goals. 4.10 The City promotes the development of housing for all income groups close to employment and shopping centers. (Page E-67, Policy 1.4) 4.11 The application presents the City with a unified, integrated development, near major access thoroughfares. (Page E-68, Policy 1.19) 4.12 The project fosters the policy of Meridian for compatible land use and design (including an extensive landscape treatment for the site). (Page E-19, Policy 1.8) 4.13 The project will maximize benefit to the residents, minimize conflicts and provide a tie-in between residential areas and service needs. (Page E-67, Policy 1.6) S. The requested zoning of (R-40) High Density Residential District is defined in the Zoning Ordinance at 11-2-408 B. 6. as follows: (R-40) High Densitv Residential District: The purpose of the (R-40) District is to permit the establishment of high density residential uses at a density not exceeding forty (4) dwelling units per acre. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. 6. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, A, Residential, lists residential uses allowed in the various zoning districts of the City; that apartments are listed as conditional uses in the High Density Residential District (R-40). 7. By authority of the City of Meridian under the Comprehensive Plan, a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD conditional use permit is required for Applicant to construct and develop a 96 -unit apartment complex on this parcel of land. S. Since the annexation and Zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 9. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 10. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 11. Section 11-2417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The application for annexation and a zoning designation of High Density Residential District (R-40) of 6.15 acres located at the southwest corner of Locust Grove Road and Franklin Road is granted. 2. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. (See the legal description attached as Exhibit "A" and incorporated here as if set forth in full.) 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. (R-40) High Density Residential Ordinance which shall not be finally approved by the City Council until provisions of part 2 and 4 of this order have been met. 4. Developer enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian which provides for the following conditions of development to -wit: 4.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- 605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 4.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic services per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 4.3 Off-street parking shall be provided in accordance with Section FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as' detailed in site-specific requirements. 4.4, Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5. of the Citv of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 4.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 4.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 4.7 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 4.8 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 4.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 4.10 Provide revised site plan detailing all existing and proposed utilities for review by the Meridian Public Works Department. Designer is to coordinate sizing and routing of sanitary sewer and water within the development with the Public Works Department. 4.11 Provide Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANICL.IN ROAD 4.12 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, "Late Comers" fees may also be charged against this parcel to help reimburse the parties responsible for installing mains to their current points. 4.13 A total of 57 three-inch caliper trees are required for the project. Due to the issues of entryway corridors and buffering of adjacent properties, trees in addition to the required three-inch caliper trees should be provided. Landscape buffers on Locust Grove Road and Franklin road need to show detailed vegetation and tree plantings. Sodding only of these areas is not acceptable. Provide detailed landscape plan for review and approval. 4.14 Particular attention will need to be paid to lighting plans to ensure adjacent residential properties and the traveling public is not impacted by glare, as determined by the City of Meridian. 4.15 Signage shall be limited to one low -profile monument type sign near the intersection of Franklin Road and Locust Grove Road. Detailed signage plans will be subject to design review. 4.16 Construct five -foot -wide sidewalks along the entire frontages of Franklin Road and Locust Grove Road. 4.17 Revise site plan to show screened trash enclosures. Coordinate locations and construction requirements with Meridian Sanitary Service, Inc., and provide a letter of approval from their office prior to applying for building permits. 4.18 Provide handicapped accessible parking spaces in accordance with the Americans with Disabilities Act. All building and parking lot construction needs to meet the requirements of the Americans with Disabilities Act. 4.19 The parking areas shown do not meet minimum Ordinance requirements of a 9'x 9' stall with a minimum 25' driveway aisle. The parking dimensions shown could be acceptable given consideration for bumper overhang; however, the adjacent FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD walkways should either be divided by a planing strip or increased in width to a minimum of seven feet wide. 4.20 Drainage swales should not be within the lands cape's etbacks along Franklin and Locust Grove, as they do not provide buffering. 4.21 Provide a landscaped setback of 35 feet beyond required right-of- way along Franklin Road. 4.22 No City water will be allowed for landscape irrigation. 4.23 Six -foot -high, permanent perimeter fencing and buffering shall be provided adjacent to the existing residential use. k' 4.25 Five Mile Creek is designated as multiple use pathway in the Meridian Comprehensive Plan. Fish, wildlife and vegetation species and habitat should be protected and maintained, provided it is in the best interests of the City of Meridian. Consideration should be made for the land uses in these areas to minimize the risk of pollution and to preserve the natural beauty of Five Mile Creek. 4.26 Due to the topography of the site, the parcel currently accepts drainage water from the residential properties to the south. This drainage will need- to be accommodated for in the development of the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22 AND°DECISION AND ORDER GRANTING APPLICATION FORANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE -SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD C'il iTY RE --RIDER C0 i�a�, *, ` ' ARRC FGE—DEFUTY d=7 19a 9DE 22 FM 1' 25 � 9 S 2 1333 CITY OF MERIDIAN, ORDINANCE NO. 546 AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED HIGH DENSITY RESIDENTIAL DISTRICT (R-40); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50- 223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: A parcel of land being a portion of the Northeast 1/4 of the Northeast 1/4 of Section 18, T.3N., R.IE., Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a brass cap monumenting the northeast corner of said Section 18, said corner being the TRUE POINT OF BEGINNING, from which the North 1/4 corner of said Section 18 bears South 89°46'18" West 2,654.20 feet; thence South 00°31'19" West 565.45 feet along the Easterly boundary of said Section 18 and the center line of South Locust Grove Road; thence leaving said section line and center line South 89°41'24" West 474.70 feet parallel with and lying 48.5 feet northerly from the north line of that certain warranty deed recorded as Instrument No. 700676 in the records of Ada County, Idaho to a point on the Easterly boundary of Medimont Subdivision No., l recorded in Book 75 of Plats at Page 7794 in the records of Ada County, Idaho: ANNEXATION AND ZONING ORDINANCE - I „ thence along the easterly boundary of said subdivision North 00058'43” East 378.88 feet an angle point in said easterly boundary line; thence continuing along said easterly boundary line extended North 02°14'38" West 187.40 feet to a point on the Northerly boundary of said Section 18; thence along said Northerly boundary North 89'46'18" East 480.70 feet to the TRUE POINT OF BEGINNING. Said parcel contains 6.16 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned High Density Residential District (R-40). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. ANNEXATION AND ZONING ORDINANCE - 2 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held July 20, 1999. ROLL CALL COUNCILMAN RON ANDERSON VOTED -&�- COUNCILNL,kN GLENN BENTLEY VOTED COUNCILMAN KEITH BIRD VOTED 7— COUNCILMAN CHARLIE ROUNTREE VOTEDLdA MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: Z=2-0 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD MOTION: APPROVk97j DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. By: =-Q Dated: ity Clerk 7 71 msg/ZAWorkVv1VMeridian 15360M\Cobblestone Village\AZFfCIs FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT, THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD • • fk P SED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this !� day of 1999. AP ROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of eweln&-L , 1999. ATTEST: CITY CLERK STATE OF IDAHO,) ss. County of Ada OF G� OR4 Tri SEAL 00 1 -1� J On this day of /�U'Ue`i2,r�ts 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official s eA and year first above written. o v8'PIt k lr (S 1L dw C' NOTARY PUBLIC FOR IDAHO • 'Pvoti c C) RESIDING AT: sr .....•",�;.'�� MY COMMISSION EXPIRES: 6-i- '� TE OF 1..••' msg\ZAWork\M\Meridian 15360M\Cobblestone Village\AZ.ORD ANNEXATION AND ZONING ORDINANCE - 3 • 0 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Cleric, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 91 passed by the City Council of the City of Meridian, on the �[6f'� day of 1999, is a true and correct copy of the original of said document which is in the care, custody and control of ; het,;lby,Clerk of the City of Meridian. of /4 JB _ WILLIAM G. BERG, JR. STATE OF IDAHO�r`` iTiSNOO��� ss. County of Ada, ) On this day of �� , in the year 1999, before me, L) 6) 1 10.1 _ , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Cleric of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that hQee�!M"6* same on behalf of the City of Meridian. .ti s OZ A1: I.. Bti soa S AD Notary Public for Idaho 's ( :ATE pF ��.• Commission Expires:Y//��1-O �f msg\Z:\Work\M\Meridian 15360M\Cobblestone Village\CertificationOfClerkOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN CITY OF MERIDIAN ORDINANCE NO. (648 AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED HIGH DENSITY RESIDENTIAL DISTRICT (R-40); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50- 223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has .received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: A parcel of land being a portion of the Northeast 1/4 of the Northeast 1/4 of Section 18, T.3 N., R.IE., Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a brass cap monumenting the northeast corner of said Section 18, said corner being the TRUE POINT OF BEGINNING, from which the North 1/4 corner of said Section 18 bears South 89°46'18" West 2,654.20 feet; thence South 00°31'19" West 565.45 feet along the Easterly boundary of said Section 18 and the center line of South Locust Grove Road; thence leaving said section line and center line South 89°41'24" West 474.70 feet parallel with and lying 48.5 feet northerly from the north line of that certain warranty deed recorded as Instrument No. 700676 in the records of Ada County, Idaho to a point on the Easterly boundary of Medimont Subdivision No. 1 recorded in Book 75 of Plats at Page 7794 in the records of Ada County, Idaho: ANNEXATION AND ZONING ORDINANCE - 1 • 0 thence along the easterly boundary of said subdivision North 00°58'43" East 378.88 feet an angle point in said easterly boundary line; thence continuing along said easterly boundary line extended North 02°14'38" West 187.40 feet to a point on the Northerly boundary of said Section 18; thence along said Northerly boundary North 89046'1 S" East 480.70 feet to the TRUE POINT_OF BEGINNING. Said parcel contains 6.16 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned High Density Residential District (R-40). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. ANNEXATION AND ZONING ORDINANCE - 2 A P / �_SED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ` day of Gl/e ,Az -t- , I999. AP R 1VEq BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of 1999. ATTEST: STATE OF IDAHO,) : ss. County of Ada. ) MA R MOR4 QST 1 -sl On this/� day of �(' ,4� , 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official s and year first above written. ��!►� OV Bill �O-T Alt Y i - (SFrAL - NOTARY PUBLIC FOR IDAHO pvBzti o c RESIDING AT: •°'�y`rA ••••••9a`F`��••. MY COMMISSION EXPIRES: �l- '� 7 E of �_.••• msg\ZAWork\M\Meridian 15360M\Cobblestone Village\AZ.ORD ANNEXATION AND ZONING ORDINANCE - 3 0 0 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAtM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. passed by the City Council of the City of Meridian, on the ,�—day of�l�eh�61, - 1999, is a true and correct copy of the original of said document which is in the care, custody and control of thq(;jAy,Clerk of the City of Meridian. SE bIL CO WILLIAM G. BERG, JR. 0 STATE OF ss. County of Ada, ) &On this day ofin the year 1999, before me, "-� 6 H _ , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Cleric of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that hp,e!te .. �e same on behalf of the City of Meridian. • vS J O (S) ..•'���.�' Notary Public for Idaho ?4 TE pF 19.•`� Commission Expires: 6r.2— o coe rnsg\Z:\Work\M\Meridian 15360M\Cobblestone Village\CertificadonOfClerkOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN Meridian City Council Ong _ q� November 16, 1999 4 Page 25 Corrie: Shari, do we have time? When is that going to be due? Stiles: Mr. Mayor, we are still waiting for revised site plans, so until we get those, we won't know. Corrie: Okay. Rountree: Just remove it. Corrie: Well, you've got — Bird: Can we remove it? Corrie: -- some unfinished business with counsel, here. Will we have that by the, what is it, January the 4t"? Stiles: Hopefully we will. Corrie: We'll have to because otherwise we'll have to hold this Council for another two weeks. Okay. Let's go for the 4th of January and see what — Bird: Table until the 4t" of January and proceed with public hearings on both items. Corrie: Okay. Bentley: Second. Corrie: Okay. Motion made to table to January the 4t", 2000, Items No. 13 and 14. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES ITEM15. TABLED 10/5/99: ANNEXATION AND ZONING OF -6.15 ACRES (FOR R=40— ZONING)- FOR—PROPOSED- COBBLESTONE VILLAGE —BY IONIC �-ENTERPRISES, `INC., - SOUTHWEST CORNER OF. LOCUST GROVE & FRANKLIN: Corrie: Item No. 15 was tabled 10/05/99. This is annexation and zoning of 6.15 acres (for R-40 zoning) for proposed Cobblestone Village by Ionic Enterprises, Inc., southwest corner of Locust Grove and Franklin. Mr. Gigray, do we have that? What we've been waiting for? yLw( Meridian City Council loing • November 16, 1999 Page 26 Gigray: Mr. Mayor, members of the Council, we've received communications from the applicant here, and they've provided us with the necessary Resolutions and authorization to do business, and I believe they've supplied the Clerk with a signed -- signature on the Development Agreement. Corrie: Will, do you have that? Berg: Mr. Mayor, members of the Council, yes. I have his signature on the Development Agreement. They submitted a thick package that I passed onto Mr. Gigray for his inspection. Bird: Are we ready to dance? Corrie: Yeah. We can — do you want to do that one? Bird: Well, I just wanted to know if we got everything we need. Corrie: Okay. I'll entertain a motion on Item 15. Gigray: I believe this would be the first reading of an annexation ordinance and zoning. Isn't that — or first you could move to authorize the Mayor to sign the Development Agreement if that isn't on the record. This has been tabled for awhile so it's a little confusing. That'd probably be the first motion and then you can deal with the — Corrie: Annexation. Gigray: -- annexation and zoning ordinance. But since the developer has already signed the Development Agreement, that's usually the only reason why you hold those up. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we=approve the Development-Agreeme t for Ionic Enterprises, Inc., authorize the Mayor to sign, the Clerk to attest. Bird: Second. Corrie: Motion made by Mr. Rountree and second by Mr. Bird to have the Mayor sign, the Clerk to attest the Development Agreement on Cobblestone Village. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES d Meridian City Council ,_.,.ting November 16, 1999 Page 27` Corrie: All ayes, motion is carried annexation. (inaudible) Corrie: Yes. (inaudible) Okay. I'll entertain a motion on the Rountree: You do a roll -call. Corrie: Oh. On that one? On development — okay. All right. We'll go back for a roll -call vote on the Development Agreement; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie:.,.Mr. Bird. z Bird: Aye.. F Corrie: Mr. Rountree., Rountree: Aye— `' k MOTION CARRIED: ALL AYES Corrie: Okay. Annexation and zoning is in order? Rountree: Mr. Mayor. g R t Corrie: Mr. Rountree. Rountree: I have a question for counsel. We have a copy of the ordinance that was provided to us on September 7th and it's been tabled since that time; is that ordinance reflect the most recent changes? Gigray: Mr. Mayor, Councilman Rountree, members of the Council, there really were no changes. What we were waiting on had to do with corporate issues and certification from the Secretary of State and waiting for Resolutions, and I think that the corporation tonic's people were in and out of the office, and that caused them some delay, and that's the only reason we've been holding it. Meridian City Council Ong November 16, 1999 Page 27 Corrie: All ayes, motion is carried annexation. (inaudible) Corrie: Yes. (inaudible) Rountree: You do a roll -call. r� U Okay. I'll entertain a motion on the Corrie: Oh. On that one? On development — okay. All right. We'll go back for a roll -call vote on the Development Agreement; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird, Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES Corrie: Okay. Annexation and zoning is in order? Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I have a question for counsel. We have a copy of the ordinance that was provided to us on September 7th and it's been tabled since that time; is that ordinance reflect the most recent changes? Gigray: Mr. Mayor, Councilman Rountree, members of the Council, there really were no changes. What we were waiting on had to do with corporate issues and certification from the Secretary of State and waiting for Resolutions, and I think that the corporation tonic's people were in and out of the office, and that caused them some delay, and that's the only reason we've been holding it. Meridian City Council Ming November 16, 1999 Page 28 Corrie: Resolution 848. Bird: Ordinance, isn't it? Corrie: I mean Ordinance. Yes. Bird: I say we jump to (inaudible) Corrie: Well, we can't very handily read the ordinance by title only since I don't have it unless you have it. Rountree: Will has it. Corrie: Will's got it? Okay. Bird: He can read it, then. Corrie: Mr. Berg, will you read Ordinance No. 848 by title only, please? Berg: Yes. Thank you, Mr. Mayor, members of the Council. Ordinance No. 848, an ordinance finding that certain land lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, and finding that the owner has made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated high-density residential district, R-40, and declaring that said land by proper legal description and described below be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders or parts thereof in conflict herewith and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, directing the Clerk of the City of Meridian to file a certified copy of the Ordinance and map of the areas to be annexed with the Ada County Recorder, Auditor, Treasurer and Assessor and 'the State Tax Commission of the 'State of Idaho pursuant to Idaho Code § 50-223 and § 53-2215. Corrie: Thank you. Anyone from the audience that would like to have Ordinance No. 848 read in its entirety? Okay. Hearing none, I'll entertain a motion on Ordinance 848. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we a prove`OMinance'848.with-suspension of rules -- Bird: Second. Rountree: -- authorize the Mayor to sign, the Clerk to attest. Meridian City Council ting November 16, 1999 Page 29 Bird: Second. Corrie: Okay. Motion is made and seconded to approve Ordinance No. 848 with suspension of rules, Mayor to sign, Clerk to attest. Roll -call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES ITEM 16. CONTINUE PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 96 -UNIT APARTMENT COMPLEX (PROPOSED COBBLESTONE VILLAGE) BY STAMAS CORPORATION/IONIC ENTERPRISES, INC. — SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: Corrie: Item No. 16 is a public hearing, continued public hearing. This is request for conditional use permit for a 96 -unit apartment complex (proposed Cobblestone Village) by Stamas Corporation / Ionic Enterprises, Inc., southwest corner of Locust Grove and Franklin. Since this is continuous of the public hearing, I'll open the public hearing and Staff first. Stiles: Mr. Mayor, Council, I believe the applicant is here tonight to be able to make a presentation on their proposal. I believe you have the recommendation from Planning and Zoning Commission. They did recommend that some of the three-story buildings that were adjacent to the Robersons, the Robersons live right here, and they have asked that those buildings be reduced from the three- story to two-story. Other than that, I believe they are here prepared to make the presentation tonight. Corrie: Okay. Thank you. Since this is a continuous public hearing, Ms. Butler, I believe you're going to go present — okay. uec-01-99 19:55 g •a z MEMORANDUM TO: Bill Gigray FROM: Wilflam G. Berg, Jr. 4xz) DATE: Thursday, AIOVember 4, 1999 0 CITY OF MERIDIAN CITY CLERKS OFFICE RE: Cobblestone Village Development Agreement Enclosed is a copy of the documents I received from JoAnn Butler concemin, the signing of the Desrolopment Agreement by ionic Enterprises, Inc. Please review these documents and instructed me to the next step for the City Council. Thank you_ ** TX CONF I RMS z,', ON REPORT ** DATE TIME TO/FROM 12 12/01 15:48 LEGAL DEPARTMENT MEMORANDUM TO: Bill Gigray AS OF DEC 0115:48 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'36" 002 124 "OK CITY OF MERIDIAN CITY CLERK'S OFFICE FROM: William G. Berg, Jr. DATE: Thursday, November 4, 1999 RE: Cobblestone Village Development Agreement Enclosed is a copy of the documents I received from JoAnn Butler concerning the signing of the Development Agreement by Ionic Enterprises, Inc. Please review these documents and instructed me to the next step for the City Council. Thank you. 13 10 MEMORANDUM CITY OF MERIDIAN CITY CLERK'S OFFICE TO: Bill Gigray FROM: William G. Berg, Jr. ID 4xz DATE: Thursday, November 4, 9999 RE: Cobblestone Village Development Agreement Enclosed is a copy of the documents I received from JoAnn Butler concerning the signing of the Development Agreement by Ionic Enterprises, Inc. Please review these documents and instructed me to the next step for the City Council. Thank you. 2 Gx Boise Idaho Fails Pocatello Moffatt Thomas MOFFATT THOMAS BARRETT ROCK & FIELDS, CHID. JoAnn C. Butler US Bank Plaza Building 208.385.5404 direct 101 S Capitol Blvd 10th FI jab@moffatt.com PO Box 829 Boise Idaho 83701 0829 November 2, 1999 Via Hand Delivery 208.345.2000 208.385.5384 fax www.moffatt.com REaEIVED Will Berg, City Clerk N O V — 4 1999 City of Meridian CITY OF MERIDIAIN, 33 East Idaho Meridian, Idaho 83642 Re: Cobblestone Village/Development Agreement/Consent Resolution Your File: AZ -99-005 Our File: 21.671.1 Dear Will: Enclosed are the following original documents: 1. Consent Resolution of Ionic Enterprises, Inc. 2. Signature pages for the Development Agreement by and between City of Meridian and Ionic Enterprises, Inc. 3. Certificate of Authority, dated October 19, 1999 for Ionic Enterprises, Inc. Marlene St. George from Bill Gigray's office will forward to you (following confirmation with me in connection with some corrections being made to the document) the final Development Agreement to be attached to the signature pages. Sincerely, JoAnn C. Butler JCB/sh/la Enclosures cc:' -'-Paul Stamas (via fax w/out encl.) Bryce Peterson (via fax w/out encl.) Marlene St. George (via fax w/out encl.) BOI MT1:269001.1 Moffatt Thomas MOFFATT THOMAS BARRETT ROCK & FIELDS, CHTD. JoAnn C. Butler 208.385.5404 direct jab@moffatt.com November 2, 1999 Via Hand Delivery Boise Idaho Falls Pocatello US Bank Plaza Building 101 S Capitol Blvd 10th FI PO Box 829 Boise Idaho 83701 0829 208.345.2000 208.385.5384 fax www.moffatt.com PcF,IvED Will Berg, City Clerk N 0 V — k 1999 City of Meridian CITY OF MERIDIAN 33 East Idaho Meridian, Idaho 83642 Re: Cobblestone Village/Development Agreement/Consent Resolution Your File: AZ -99-005 Our File: 21.671.1 Dear Will: Enclosed are the following original documents: 1. Consent Resolution of Ionic Enterprises, Inc. 2. Signature pages for the Development Agreement by and. between City of Meridian and Ionic Enterprises, Inc. 3. Certificate of Authority, dated October 19, 1999 for Ionic Enterprises, Inc.. Marlene St. George from Bill Gigray's office will forward to you (following confirmation with me in connection with some corrections being made to the document) the final Development Agreement to be attached to the signature pages. Sincerely, 3-A" 0 --- JoAnn C. Butler JCB/sh/la Enclosures cc: Paul Stamas (via fax w/out encl.) Bryce Peterson (via fax w/out encl.) Marlene St. George (via fax w/out encl.) BOt MT1:269001.1 State o,f'ldah.0 CERTIFICATE OF AUTHORITY .3 TONIC ENT`ERPRISES�INC. k : 1-c- mak-a S . File number'C'1301� ..79 . I, PETE T. CENARRUSA, Secretary of State of.the State of'Idaho, hereby certify that an Applicafion for Cert ificate of Authority toytransact business in this State, duly executed, pursuant to the provisions of the`Idaho Bui siiness s orpdration Act, have been received in.this°office and are .found to conforiit toy law i f �� tF � s �` -r'ter". .i j'. • '�—i+�!` ^y'"s`j�*'{fr�t - .,� .� ACCORDII�V�GLY and bv�i,�rtue of the authoritti�ti,estted in me by law, I issue this Certificate of,Authorit-v to transact.'business ih this`State attacH hereto a duplicate of the Application for su litertifi��ife` ;' r� -�, ;} ``�� "•,ck .{.; �j ref �` Y � .� -� •''�� � yt-ti J Y� �r Dated: October 1g, 1999 SECRETARY OF STATE 202 APPLICATION FOR CERTIFICATE OF AUTHORITY -(For Profit) (Instructions on Back of Application) To the Secretary of State of Idaho: The undersigned Corporation applies for a Certificate of Authority and states as follows: 1. The name of the corporation is Ionic Enterprises, Inc. 2. The name which it shall use in Idaho is Ionic Enterprises, Inc.: 3. It is incorporated under the laws of California 4. Its date of incorporation is � 5. The address of its principaoffice is One Sierra Gate Plaza 355B, Roseville, CA 95678 6. The address to which correspondence should be addressed, if different from item 5, is 7. The street address of its registered office in Idaho is 1 664 S. Goldking Way, `Boise , ID 83709 Bryce Br Peterson _ ,and its registered agent in Idaho at that address is y . 8. The names and respective business addresses of its directors and officers are: .Name Office Address Paul Z. Stamas Director/Pf-CS. 5080 Wexburg Circle Granite Bay, CA 95746 Debbie A. Stamas Director same Dated: Ionic Enterprises,. Inc. Customer Acct # (COrp mei s (if using pre -paid account) n 9Fv��`` ��R By j Paul Stamas CK: 5848 CT: 39358 B8: 259511 President 1 8 INA = 188.88 MM M 12 Its s C� (specify capacity of signer) R SECRETARY OF STATE CERTIFICATE OF STATUS DOMESTIC CORPORATION I, BILL JONES, Secretary of State of the State of California, hereby certify.• 21 st January 98 That on the day of ,19 , IONIC ENTERPRISES, INC. became incorporated under the laws of the State of California by filing its Articles of Incorporation in this office; and That no record exists in this office of a certificate of dissolution of said corporation nor of a court order declaring dissolution thereof, nor of a merger or consolidation which terminated its existence; and That said corporation's corporate powers, rights and privileges are not suspended on the records of this office; and That according to the records of this office, the said corporation is authorized to exercise all its corporate powers, rights and privileges and is in good legal standing in the State of California; and That no information is available in this office on the financial condition, business activity or practices of this corporation. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of L October 5, 1999 Secretary of State '' SEC/STATE FORM CE -112 (REV. 9/95) OSP 99 20988 '1 r. uuo CONSENT RESOLUTION OF IONIC ENTERPRISES, INC. The undersigned, being all of the directors of IONIC ENTERPRISES, INC., a California corporation (the "Corporation"), hereby take the following corporate actions without a meeting in accordance with the general corporation laws of the state of California and the constituent documents of the Corporation: "WHEREAS, the Corporation owns and is developing the real property located in Meridian, Ada County, Idaho, more specifically described on Exhibit A hereto (the "Property"); and "WHEREAS, the Corporation has submitted an application to the City of Meridian ("City") for annexation and zoning of the Property and has requested a designation of High Density Residential District (R40) for the Property; and "WHEREAS, City's City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order which requires the Corporation to enter into a Development Agreement before the City's Council takes final action on the annexation and zoning of the Property to ensure that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of the Development Agreement, a copy of which is attached hereto as Exhibit B. "NOW, THEREFORE, BE IT RESOLVED, that the Corporation take whatever actions it deems necessary and/or appropriate to execute and have executed by the City, and to record the Development Agreement, there being sufficient direct or indirect benefits flowing to the Corporation as a result thereof; and it is "FURTHER RESOLVED that the officers of the Corporation, and each of them be, and they are hereby jointly and severally authorized and directed on behalf of the Corporation to negotiate, enter into, execute and deliver the Development Agreement and all other documents as such officers shall individually or severally deem necessary, desirable or appropriate and to take all such other and further actions as they shall deem necessary, desirable, appropriate or expedient the execution and recordation of the Development Agreement; and it is "FURTHER RESOLVED, that the President of the Corporation, is hereby authorized to: (a) sign, execute, certify to. verify, acknowledge, deliver, accept, file, and record any and all instruments and documents; and (b) take, or cause to be taken, any and all such action in the name and on behalf of the Corporation as the President deems necessary, desirable, or appropriate in order to consummate the transactions contemplated hereby or otherwise expedient to effect the purposes of the foregoing resolutions. IN WITNESS WHEREOF, the undersigned have executed �s consent r solution effective October , 1999.; ^ Paul Z. CONSENT RESOLUTION • I F:\APPS1wPDOCSW M\IONiC.ENT\RESOLL'T.CON Director J- I yyZt I Ut 1 1 1 ::S r br1 NMU 1 t_t rc P.019 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the patties have herein executed this ao eement and Made it effective as hereinabove provided. IONIC ENTERPRISES, INC., a California Corporation B: Paul It. amas, President Developer Attest: Secretary BY RESOLUTION NO. CITY OF MERLOIAN BY: MAYOR ROBERT D. CORRIE Attest: CITY CLERK BY RESOLUTION NO. ey/Z:1W0rkV% Meriden 15360NACabblestone Villagc`DcvclopAgr DEVELOPMENT AGREEMENT - 13 STATE OF ORti'1A) :ss COUNTY O / ) chieda of , in the year 1999, before me, j a Notary Public, personally appeared Paull Stamas and , known or identified to me to be the President and Secretary of Ionic Enterprises, Inc., who executed the instrument or the persons that executed the instrument of behalf of said corporation, and acknowledged to me ha n�ecutthe same on behalf of said corporation. (11--�U=����� (SEAL) Notary Public for California Commission expires: U � ' SHARI DUR8IN Comm. #1153492 «` NOTARY PUBLIC - CALIFORNIAN STATE OF IDAHO ) , Yr PLACER COUNTY n Comm. Exp. Aug. 29, 2001 :ss County of Ada ) On this day of , in the year , before me, a Notary Public, personally appeared Robert D: Come and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instiument or the person , that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAT.) Notary Public for Idaho Commission expires: DEVELOPMENT AGREEN2NT - 14 Meridian City Council Meeting October 5, 1999 Page 6 Bird: The third is the first Tuesday. Isn't that vote? Corrie: That's the – election day is the second. This will be the third when we have the meeting. Bird: Okay. Corrie: Thank you. Q4 TABLED 9/21199: ORDINANCE # -- ANNEXATION & ZONING OF 6.15 ACRES (FOR R-40 ZONING) FOR PROPOSED ,COBBLESTONE VILLAGE -BY IONIC ENTERPRISES, INC.—SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: Corrie: Item No. 4 is tabled from 9/21/99. It was ordinance for annexation and zoning of 6.15 acres for R-40 zoning with proposed Cobblestone Village by Ionic Enterprise, Inc. I believe we received a letter. Council, Mr. Bentley. Bentley: Yes, Mr. Mayor, it appears we have a letter from JoAnn Butler dated October 5th that they're still trying to get this Certificate of Goodstanding for Ionic Enterprises. 1 don't believe that it's been received; is that correct? Corrie: Shari, is that correct? Stiles: Yes. Corrie: Okay. See if Ms. Butler's in the audience, but that's good. Okay. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we table this to October 19tH Anderson: Second. Corrie: Motion made and seconded to table Item 4 until October 19, 1999. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES 5. TABLED 9/21/99: DEVELOPMENT AGREEMENT FOR EAGLE ROAD PROFESSIONAL CENTER BY FERMOR, LLC – NORTH OF 1-84, WEST OF EAGLE ROAD AND EAST OF ALLEN STREET: R October 1, 1999 MERIDIAN CITY COUNCIL MEETING: OCTOBER 5 1999 APPLICANT: IONIC ENTERPRISES, INC ITEM #: 4 REQUEST: ANNEXATION & ZONING OF 615 ACRES (FOR R-40 ZONING) FOR PROPOSED COBBLESTONE VILLAGE AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: AWAITING INFORMATION FROM APPLICANT CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: �/ j'I_ MERIDIAN POST OFFICE: I "E%� ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER: Alli Materials presented at public meetings shall become property of the City of Meridian. OCT- 5-1999( TUE) 11:30 SPINK&BUTLER 2083881001 P.001 SPINK & BUTLER 607 N. 8`h Street, Suite 310 P.O. Box 639 Boise, Idaho 83701 208/388-1000 208/388-1001 (fax) E-mail Address: sblaw ,primenet.colrt FAX COVER SHEET TO: Paul Stamas (916) 783-3739 Bryce Peterson & Lisa Goold 323-8803 CC: Bill Gigray 288-2501 Will Berg 888-4218 FROM: JoAnn C. Butler DATE: October 5, 1999 TIME: 11:26 AM RE: Cobblestone Village/Meridian Application No. AZ -99-005 OUR FILE: 671.1 PcIEIVED OCT - 5 1999 CITY OF MERIDIAN MESSAGE: The Meridian City Council tabled until tonight the ordinance in connection with the annexation and zoning for Cobblestone Village. The ordinance has been tabled because the City has been waiting for the Certificate of Good Standing for Ionic Enterprises, Inc. (the applicant) from the California Secretary of State. We are continuing to follow up with the Secretary of State in California. I am assuming that the City Council will table this item until its next hearing. I will be attending the City Council hearing tonight and will monitor this matter. Transmission is 1 page, including this cover sheet. Contact Lisa Arnold or Jackie Call -Hildebrand at (208) 388-1000 if the entire transmission is not rcccived. Original will _X will not be sent via U.S. Mail. The information contained in this transmission is attorney privileged and confidential information which is intended only for the use of the individual or entity named above. If you have received this communication in error, please call the person and number named above. Collect calls accepted. OCT 05 199 11:49 2083881001 PAGE.01 MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 7 Bird: I move that we pass Resolution No. 254 and for the Council President to sign, the clerk to attest with a suspension of rules. Rountree: Second? Anderson: Second. Rountree: Been moved and seconded to approve the Resolution 254 with suspension of rules. All those in favor? MOTION CARRIED: ALL AYES L TABLED 9/7/99: ORDINANCE # -- ANNEXATION & ZONING OF 6.15 ACRES (FOR R-40 ZONING) FOR PROPOSED COBBLESTONE VILLAGE BY IONIC ENTERPRISES, INC.—SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: (TABLE UNTIL 10/5/99) Rountree: Next item on the agenda was tabled at our last meeting. It relates ;o the annexation of 6.15 acres for zoning R-40 for proposed Cobblestone Village by Ionic Enterprises, Inc. southwest corner of Locust Grove and Franklin. I've been advised Ionic Enterprises has yet to be licensed to operate in the State of Idaho, so I would recommend that Council consider tabling this item. Bird: Mr. Mayor – Mr. President. Rountree: Mr. Bird. Bird: I move that we table the ordinance for`the annexation and zoning the 6.15 acres for Cobblestone Village by Ionics Enterprises, Inc. until October 51n Rountree: Is there a second? Anderson: Second. Rountree: Been moved and seconded that we table Item No. 1 until October 5th. Any discussion? Mr. Bentley. Bentley: Is that enough time? Rountree: Should be. It should be. Bentley: Okay. Thank you. MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 8 Rountree: All those in favor of the motion signify by saying aye. MOTION CARRIED: ALL AYES 2. TABLED 9/7/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR CHURCH PARKING, RECREATIONAL USES AND CONTRACTOR'S BUSINESS BY TREASURE VALLEY BAPTIST CHURCH / K. D. ROOFING—NORTH OF OVERLAND RD, SOUTH OF 1-84 & EAST OF TEARE AVE: (APPROVE) Rountree: Item No. 2 was tabled at our last meetings. Findings of and Conclusions of Law for request for conditional use permit for church parking recreational use and contractor's business by Treasure Valley Baptist Church/K.D. Roofing. This item was tabled waiting for the publication of the annexation ordinance. I believe that's been done. Any discussion, motion? Bentley: Mr. President. Rountree: Mr. Bentley. Bentley: I move we approve the Findings of Fact and Conclusions of Law in decision granting conditional use permit subject to conditions to Treasure Valley Baptist Church, Inc. and K.D. Roofing. Bird: Second. Rountree: It's been moved and seconded to approve the Findings of Facts for Item No. 2. Any discussion? Bird: I have none. Rountree: It's a roll -call vote. Mr. Anderson. Anderson: Aye. Rountree: Mr. Bentley. Bentley: Aye. Rountree: Mr. Bird. Bird: Aye. • ~ ~. • Meridian City Council September 7, 1999 Page 7 Bird: Second. Corrie: Motion is made by Mr. Rountree second by Mr. Bird to approve the final plat of Maws No. 3 Subdivision incorporating all comments from. staff.: Gigray: Mr. Mayor point of information. Item number 11 in the staff comments under. site specific requirements references the need for a variance. With the permission of the mover of the motion if it-passes, we would makethe appropriate changes to show that that-variance has been granted and we would change that one provision in conformance with Council action. Corrie: Is there approval of - Rountree: That's fine with me. Bird: Yes. Corrie: Any further discussion? All those in favor of the motion of the final plat approval say aye. ~P MOTION CARRIED: ALL AYES. 4. TABLED 8/17/99: ORDINANCE # -- ANNEXATION & ZONING OF 6..15 ACRES (FOR R-40 ZONING) FOR PROPOSED COBBLESTONE VILLAGE BY IONIC ENTERPRISES, INC.-SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: Corrie: Mr. Gigray, I believe you have a comment here. Gigray: Mr. Mayor and members of the Council, this matter was continued to September 7t" on the basis that we had prepared. and the City Council had adopted certain Findings of Fact and Conclusions of Law and Order of Decision finding that the McClure's.were the owners of the property. We have subsequently received a communication from JoAnn Butler representing the developer indicating that the property had been sold to the applicant and then they-had requested some other changes in the development agreement. One change to section 8.1, I do not'agree with what they're proposing there and this has to do with, in case they are not found to be in compliance with the conditions, the necessary time span and the events covering a motion to deannex. Their position is that Ionic Enterprises, Inc. is now the owner. I have not received a copy of any kind of deed indicating that this is the case. It is a California corporation and the address given is in care of a local company. I really at this particular juncture and I~had originally said that we need to reopen the hearing in order to establish a finding to amend a finding show that the true owner of this property is and Meridian City Council September 7, 1999 Page 8 she had written back saying.that that wasn't necessary that it,was in the record and I believe it was in her answer to questions 6y Councilman Rountree regarding ~Nho the owner was. In this instance since the applicant is Ionic Enterprises; Inc. and Stamas Corporation, if °we can establish that they are the true owners of this property with the appropriate indication that the corporation is authorized to do business in the State of Idaho by the Secretary of State, you may proceed to amend that development agreement to provide for that change in the name of the owner because it seems to me to be basically procedural since they were on the application anyway. But we just haven't got all that worked out yet. Corrie: Then we need an ordinance number here assigned. Is that correct? Gigray: I believe you're holding the ordinance until the development agreement is signed, and I don't think the Cterk has the development agreement. Corrie: I thought you had it, I'm sorry. Gigray: No. Corrie: Okay, I'll entertain a motion to table this ordinance then. Bentley: Mr. Mayor, how far out do we need to table this? Gigray: I would just think the next meeting. Excuse me Mr. Mayor. Bentley: Mr. Mayor, I move we table the annexation and zoning ordinance for 6.15 acres for Cobblestone Village until.September 21St Bird:. Second. Corrie: Motion made and second that we table until September 21, 1999 ordinance on the Cobblestone Village annexation and zoning. Any further comments or discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION & ZONING OF 4.6 ACRES BY TREASURE VALLEY BAPTIST CHURCH / K. D. ROOFING-NORTH OF OVERLAND RD, SOUTH OF I-84 & EAST OF TEARE AVE: Rountree: Mr. Mayor I guess I would .like -to hear from staff if they have any comments on the findings. i MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 7.1999 APPLICANT: K?NIC ENTERPRISES, INC. AGENDA ITEM NUMBER: ,~~ REQUEST• ANNEXATION ~& ZONING FOR COBBLESTONE VILLAGE SUBDMSION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER 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: COMMENTS NO NEW INFORMATION SUBMITTED ,k~`'~' ~~ i a ~,a,r~y `~~~ 2~~~ ~I" BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become properly of the City of Meridian. ;a~ `~; ,~ MERIDIAN CITY COUNCIL MEETING AUGUST 17, 1999 PAGE 16 LOMR's are based on hydraulic engineering studies of the floodways and the flood plains. And a'lot of times.theinformation that is gerier`ated from hese~LOMR's is much more detailed than what the original flood study used and that's why the flood plain areas are changed. Also the flood plain areas can be changed by the addition of fill material in the,flood plain area. Several subdivisions that were developed.in the City of Meridian chose to go in that direction bringing in fill, raising the elevation of the land thereby taking it out of the flood plain area, but again this was done through a LOMR and that has to be certified by an .engineer. S Anderson: And for clarification purposes are there some federal benefits that are available'to you if you're in a flood plain or other options or what's the point of adjusting the maps there?. 'Does that then make y'ou eligible for~flood insurance? ,, _ ,~ Smith: No, I think the adjustments~to the maps have- reduced the flood plain. areas and- so it takesproperty out of the flood-plain area and takes you out of the need to subscribe to~.flood insurance- requirements. ,, y Anderson: Thank you. , .~ , Rountree: Mr. Mayor, I think your last comment answered the question I had for you Gary, but,clarify it. You don't believe additional lands have been incorporated into either the floodway or the flood plain that the_ LOMR essentially reduced the amount of land that's occupied in this areas. Smith: Yes, correct. The letters of map revision have in all cases that I know of reduced tfietflood plain boundaries. Rountree: 1 have a;question for Steve, he's not paying attention I know, but we're. talking flood plains, floodways here. Has any of tli'is stuff been to'P & Z-and have you seen any relief for our new citizen of the community that's having problems with FEMA as it relates_to floodways, Mr. Humphrey? Have you reviewed this with respect to that situation? ~ ~.:J Siddoway: Mr. Mayor and Councilman Rountree, I did some research into the requirements to revise those floodway maps and they were -the hydraulic engineer that he was using. was doing the calculations.that;vvere necessary to determine if he was in the floodway. The calculations clearly showed that he was in the floodway and there seems to be no relief in that particular situation. Rountree: Okay. ~., Corrie: Any further.questions? Okay, Ordinance #838.has been ask for a vote then. So are you ready for the question, we'll have roll call vote. ROLL CALL: ANDERSON, YEAt ROIJNTREE~,'YEA: BENTLEY, YEA. BIRD, YEA. ,g ~, MOTION CARRIED: ALL YEAS. 7. ORDINANCE#`a __ --ANNEXATION & ZONING OF 6.15 ACRES (FOR R-40 ZONING) FOR PROPOSED COBBLESTONE VILLAGE BY • MERIDIAN CITY COUNCIL MEETING AUGUST 17, 1999 PAGE 16 LOMR's'are based on hydraulic engineering studies of the floodways and the flood plains. And a lot of times the information that is generated from these LOMR's is much more detailed than what the original flood study used and that's why the flood plain areas are changed. Also the flood plain areas can be changed by the addition of fill +4 material in the flood plain area. Several subdivisions that were developed in the City of Meridian chose to go in that direction bringing in fill, raising the elevation of the land thereby taking it out of the flood plain. area, but again this was done through a LOMR and that has to be certified by an engineer. Anderson: And. for clarification purposes are there some federal benefits that are available `to you if you're in aflood plain or other options or what's the point ofiadjusting the maps there:? Does that then make you eligible for flood insurance? ~ ~, Smith: No, I think the-adjustments to the maps haves reduced the flood `plain areas and' so it takes. property- out of the flood plain area and takes you out of the need to subscribe to flood insurance requirements. Anderson': Thank you. , Rountree: Mr. Mayor, I think your last comment answered,the question I had. for you Gary, but clarify it. You don't. believe additional lands have been incorporated into either the floodway or the flood plain,that the LOMR essentially reduced the amount of'land that's occupied in this areas. Smith: Yes,. correct. The letters of map revision have in all cases that I know of reduced the flood°plain boundaries. Rountree: I have a question for Steve, he's not paying attention I know, but we're talking flood plains, floodways here. Has any of this stuff been to P & Z and have you seen.any relief for our new citizen of the community that's having,problems_with FEMA. as it relates to floodways, Mr. Humphrey? Have you reviewed this with respect to that situation? Siddoway: Mr. Mayor and Councilman Rountree, I did some research into the requirements. to revise those floodway maps and they were -the hydraulic engineer that he was using was doing the calculations that were necessary to determine if he was in the floodway. The calculations clearly showed that he was in the floodway and there seems to be no relief in that particular situation: Rountree: Okay. Corrie: Any further questions? Okay, Ordinance #838 has been ask for a vote then. So are you ready for the question, we'll have roll call ,vote° ROLL CALL: ANDERSON, YEA. ROUNTREE,-YEA. BENTLEY, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. ~ ~ s ,~, 7. ''` ORDINlRNCE #~ -- ANNEXATI~ON~ &~ZONING OF 6.15 ACRES (FOR R-40 ZONING) FOR PROPOSED COBBLESTONE VILLAGE BY ! ~ F • CITY OF MERIDIAN ORDINANCE NO. AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A.,REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO' THE CITY OF MERIDIAN AND ZONING DESIGNATED HIGH DENSITY RESIDENTIAL DISTRICT (R-40); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND -MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50- 223 AND SECTION 63-2215. ° BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, ~by the owner of said Property to-wit: A parcel of land being a portion of the Northeast 1/4 of the Northeast 1/4 of Section 18, T.3N., R.IE., Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a brass cap monuinenting the northeast corner of said Section 18, said corner being the TRUE POINT OF BEGINNING, from which the North 1/4 corner of said Section 18 bears South 89°46'18" West 2,654.20 feet; thence South 00°31'19" West 565.45 feet along the Easterly boundary of said Section 18 and the center line of South Locust G"rove Road; thence leaving said section line and center line South 89°41'24" West 474.70 feet parallel with and lying 48.5 feet northerly from the north line of that certain warranty deed recorded as Instrument No. 700676 in the records of Ada County, Idaho to a point on the Easterly boundary of Medimont Subdivision No. 1 recorded in Boolc 75 of Plats at Page 7794 in the records of Ada County, Idaho: ANNEXATION AND, ZONING ORDINANCE - 1 • thence along the easterly boundary of said subdivision North 00°58'43" East. 378.88 feet an angle point in said easterly boundary line; thence continuing along said easterly boundary-line extended North 02°14'38" West 187.40 feet to a point on the Northerly boundary of said Section 18; thence along said Northerly boundary North 89°46' 18" East 480.70 feet to the TRUE POINT OF BEGINNING. Said parcel contains 6.16 acres, more or less. SECTION 2: That the above-described real property be, and the- same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinanceannexed to the City of Meridian hereinabove described shall be zoned High Density Residential District (R-40). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: All ordinances,~resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The Clerlc of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63°22.15 and §50-223. ANNEXATION AND ZONING ORDINANCE - 2 • PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 1999. - APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 'day of 1999. ~ - MAYOR ~. ATTEST: CITY CLERK STATE OF IDAHO,) ss. County of Ada. ) On this day of . , 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Cleric of the. CITY of Meridian, Idaho, and who executed the withinY instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my° official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: - MY COMMISSION EXPIRES: msg\Z:\Work\M\Meridian 15360M\Cobblestone Village\AZ.ORD ,.ANNEXATION AND ZONING ORDINANCE - 3 A~ ~a MERIDIAN CITY COUNCIL MEETIPJG AUGUST 17, 1999 PAGE 17 r ~:P IONIC ENTERPRISES„ INC.-SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: Corrie: Council it has been brought to my attention today that we have a problem here and I would like to have the attorney tell you about it. Gigray: Mr. Mayor and members of the Council, for your information I received a letter dated August 12t" from JoAnn Butler representing the applicant in this. The issues here have to do with the development agreement. I've been given some advice with regards to a request to change the parties that would be in the development agreement. I think that poses problems with the findings and the prior actions of the Council. There were `some proposals with some ch<~nges, and I would request that the City Council consider a table of this consideration until we get the issues of the development agreement. It's been the practice of the City to not pass annexation and zoning until the development agreement has been signed bE~cause it's a condition of the zoning designation the development agreement is required. I think it's going to take us until the next Council meeting to get this ferreted out. Hopefully we can get it resolved and back in front of ..you so you can take action. .Bentley: Mr. Mayor I move we table the annexation and zoning ordinance of Cobblestone Village until 9/7/99. Bird: Second. Corrie: Motion made and second to table this annexation and zoning request until September 7, 1999 meeting. ,Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 8. DEVELOPMENT AGREEMENT FOR TREMONT SUBDIVISION BY LUNA VISTA, INC. BROADWAY & 8T" STREET (725 W. 8T"): Corrie: Mr. Clerk, the development agreement has been signed. Berg: Mr. Mayor, yes it has been signed. Corrie: Any further discussion on the development agreement? I'll entertain a motion on the development for Tremont Subdivision by Luna Vista Inc. Bentley: Mr. Mayor I move we approve the development agreement for Tremont Subdivision by Luna Vista, authorize the Mayor to sign and the Clerk to attest to the resolution. Anderson: Second. CERTIFICATION OF THE CITY-CLERK OF TFiE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. , passed by the City Council of the City of Meridian, on the .day of ~ , 1999, is a true and correct -copy of the original of said document which is in the care, r custody and control of the City Clerk of the City of Meridian. WILLIAM G. BERG, JR. s STATE OF IDAHO, ) . ss. County of Ada, ) On this day of , in the year 1999, before me, a Notary Public, appeared WILLIAM G. BERG, JR.; known or identified to me to,be the City Clerk of the City of-Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. F (SEAL) Notary Public for Idaho Commission Expires:_ msg\Z:\Worlc\M\Meridian 15360M\Cobblestone Village\CertificationOfClerlcOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN ~~ a w ,. }~~ RUG-12-1999(THU) 14:18 ' SPINK&BUTLER 2083881001 P. 001 SPINK ~ BUTLER 607 N. 8`h Street, Suite 310 P.O.13ox 639 Bosse, Idaho 83701 REcEI~'~ 2o8/3sg-looo ~ `QUG t. 2 1999 20$/388-1001 (fax) E-mail Address: sblaw(a~pz~nr>enet.com CITY OF MERIDIAN ~~ COVER S)~EE~' TO: Bill Gi~ray 288-2501 CC: Paul Stamas (916) 783-3739 Bryce Peterson & Lisa Goold 323-8803 'Will Berg, City Clerk 8$8-4218 FROM: JOAnn C. Butler DATE: August 12, 1999 TIME: 1:48 PM RB: Cobblestone Village/Your File AZ-99-005- _ ~r OUR FILE: 671.1 MESSAGE: Bill, attached are pales from the draft Development Agreement that I Have marked with comments.. Also attached are pages from the Meridian City Council Findings marked with comments. I see that the Council adopted these Findings on July 20, 1999. You may or may not want to revise the Findings to include these minor changes. I have a few questions: When will the Development Agreement be presented to the City Council? WiII the Development Agreement be reviewed by the City Council only after the conditional use approval (assuming approval)? There are some references to the site plan in the Development Agreement. 1 assume the Development: Agreement will be redrafted to reflect any changes to the site plan that occur durir~ the conditional use process. Am I correct? If the conditions of approval adopted in connection with the conditional use are inconsistent with the conditions of development adopted by the City Council in connection with the annexation ?~ indin~rs and Conclusions, how is this inconsistency addressed? Please call at your convenience. Transmission is 12 pages, including this cover sheet. Contact Liss Amold orJsekic Csll-Hildebrand sr (208) 388-]000 if the entire transmission is not received. Original will _X will not be sent via U.S. Mail. The information contained in this transmission is attomcy privileged and confidential information which~is intended only for the use of the individual or entity named above. If you have received this Cotruttunicstion in error, please call the person and number named shove. Collect calls accepted. AUG 12 '99 14 34 2083881001 PAGE.01 HUG-12-1999(THU) 14:18 SPINK&BUTLER 2083881001 P. 002 • • DEVELOPMENT AGREEI~IENT PARTIES: 1. City of Meridian 2. , wife ~ s~-: • ~ sc...?cs Q t Y ~ ~ \ n c.. ~ a~ C cl. ~o r ~ ~ u ~o ~cta-ar-. TIdTS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , by and between CITY OF MERIDZP,N, a municipal corporation of the State of Ydaho, hereafter called "CITY", and i z~vr~T~~~~~~mr ~ - _ ~ »-rY rr m r ~~ T. ~ e u ~c. ~.KLK-'~Rl~ ~S ~ ' ,hereinafter called "DEVELOPER.", whose ~Nc• ,ac~.t •~{°~"•`" address is ~ ca ~ ~~'~" ~ `/o t3er.co ,~euel~~,Y.-.~"C.o.~ ~l.~y $.(„°~dkf•'~~~ 15u~1c~ 1~~ ~37~`~ 1. RECITALS: 1.1 'VV~iERFAS, "Developer" is the sole owner, in Iaw and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Pxhibit A,'°which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and I.2 wHEItEA,S, Z.C. §67-6511A, ldaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "Developer" make a written commitment concexzung the use or development of the subject "Property"; and 1.3 WHERF~A,S, "Czty" has exerdsed its statutoxy authozity by the enactment of Ordinance 11-2-~16L and 11-2-417D, which authorizes development agreements upon the annexation and zoning of land; and 1.4 'WTXER F.A,S, "Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of High Density Residential District (R-40), (Municipal Code of the City of Meridian); and I ,5 wITEREAS, "Developer" made representations at the public hearings both before the Meridian Planning ~. Zoning Commission and before the Meridian City Council, DBVELOPMEN'~' AGZtEBMENT - 1 AUG 12 '99 14 34 2083881001 PAGE.02 HUG-12-1999tTHU) 14:18 SPINK&BUTLER 2083881001 P. 003 • Ordinance codified in Title 11, Municipal Code of the Ciry of Meridian. NO'W', THEREFORE, in consideration of the covenants and conditions set for~h herein, the parties agree as follows: 2 • II~ICORPORATX01~ Ol~ RECITALS: That the above reatals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFI,NITIOIVS: For,all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to tl~tis ,A.greement, which is a munidpal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. yo t,~„n~,,4e,,~wQ,,~.,1• t~., 3.2 "DEVEI.OI'ER": means and refers to ?r_R r. ~--~ . A `"~~°~`'y"'~' ~,,,,•~S. G~1ak.:aal..oa, ,whose address Q~~x , ~~ 5310` is . the party developing said "Property" and shall include any • subsequent owner(s)/developer(s) of the "Property". 3.3 "PROI'ERTX": nneans and refers to that certain pazcel(s) of "Property" located in the County of Ada, City of Meridian as desczibed in E:rl~xbit " •A.", attached hereto and by this reference incorporated herein as if set forth at length. ~. 'USES PERMITTED BY THIS ,A.GREEMENT: 4. I The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Section 11-2-408 B.6. Meridian City Code which are herein speafied as follows: 1R-40) Nigh Density Residential District• The purpose of the (R-40) District is to pezmit the establishment of high density residential uses at a density. not e.~ceeding D}?'~Lr.OPME.l~1'I' AGR]EEM,ENT - 3 AUG 12 '99 14 35 2083881001 PAGE.03 RUG-12-1999(THU) 14:19 SPINK&BUTLER 2083881001 P. 004 • forty (40) dwelling units per acre. Connection to the Muniapal Water-and Sewer Systems of the City of Meridian is required. 4.2 No change in the uses spedfied in this Agreement shall be allowed without modification of this Agreement. S. ~ DEVELOPMENT IN CONDIT~ONA.L USE: "Developer" has submitted to "City" an application for conditional use permit, and shall be requited to obtain the "City"'s approval thereof, in accordance to the City's Zoning S.. Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of constriction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDYTYOI~S GOVERNING DEVELOPMENT OF SUBJECT PROPEZtTX: 6.1 "Developer" shall develop the "Property" in accordance with the following spedal conditions: 6.1.1. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Ydaho, and shall conform to all the pzovisions of the Ciry of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. (See the Iegal description attached as Exhibit "A" and incorporated here as if set forth in full.) ~kl.r Y 6.2 Developer^enter into a Development Agreement, that ~ _ provides in the event the conditions therein are not met by the Developer that the property shall be subject to de- annexation, with the City of Meridian which provides for the following conditions of development to-wit: 6.2.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordanax~ce ~ I -9-605.M. The ditches to be. piped should be shown on the site plans. Plans will need to be approved by the appropriate inigation/draiziage district, or lateral users association, with written confirmation of said DEVELOPMENT AGREEII~EN'I' - 4 AUG 12 '99 14 35 2083881001 PAGE.04 RUG-12-1999(THU) 14:19 SPINK&BUTLER ~ ~&B~ ~,. ~ 2083881001 P. 005 388, ~_~ should be made foz the land uses in these azeas to minimize the risk of pollution and to preserve the natural beauty of Five Mile Creek 6.2.26Due to°the topography of the. site, the parcel currently accepts drainage water from the iresidenual properties to the south. This drainage will need to be accommodated foz iin. the development of the i property. 7. COM)?T.TA,NCE PEYtYOD/CONSENT TO ~ZOIV~: This Agreement and. the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developez" or ~ "Developer~'s~'heirs; successozs, assions, to comply with Section 6 entitled "Conditions ~overning Development of subject "Propexty" of this ageement within two (2) years`o~ the date this Ab Bement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. '§ 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE ANNEXATYON AND RE'VEREAL OF ZONYNG DESYGNAT~OIV: - "Developer" `consents upon default to the de-annexation and/or a reversal of the Zoning designation of the "Fzoperty" subject to and conditioned upon the following conditions precedent to-vvit: 8. l That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the "Developer" fails to cure such failuze within six (6) months of such notice ro~,a~~ ,1...«we.~ k~c : ~ ~ cc~ c o j ~~"~-~e ~` ~, w•~1,, ca~~~~- ~h. ~ ,1:~ccbc~„~ ~.~ w W.:.,. s~~ L•y ~ ~) rn,sr kti~.~,oa ~ o^` 9. YN'SPECT'>(ON: "Developer" shall, immediately upon completion of any portion ox the entirety of said development of the "I'ropei:ty" as required by this ab Bement or by City ordinance or polity, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 1 ~wt~~ s~.~~ ,os~.~~~~ c..~~~a~~ ~"~. 10. DEFAULT: .,,,,1rL A~1;~4 ~ 2 ~~:~";~a ~~,.. k~. k,...•-. v14~.r ad k~ ~~e. a.~.l- ~~:~,,~ ehDb~ eyti~,,.Au1 `~1c. .~„~ ~~~ t~.rcd ~ to p,.~6c ~ gas -{~h' cati"'~ DEVELOPMENT' AGREEMENT - 8 AUG 12 '99 14 35 a,.. ? ~ ...J~. 2083881001 PAGE.05 RUG-12-1999(THU) 14:19 SPINK&BUTLER 2083881001 P. 006 10.1 In the event "Developer", "Developer's heirs, successors, ~` assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Zroperty", fail to faithfully comply with all of the teens and 'conditions included in this Agxeement in connection with the "Property", this .Agreement Wray be modified or terminated . by the "City°' upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breath and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUZRENIENT FOR RECORDA,~'~ON: "City" shall record eithez a memorandum of this Agreement or this Agreement, including all of the ~P ~ Exhibits, at "Developer~'s~cost, and submit proof of such recording to "Developer", prior to the thud reading of the l~ezidian Zoning Ordinance in connection with the annexation and zoning of the "Property" by _the City Council. Tf for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning o~ the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONINCx: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zozang the "Property" as specified herein. 13. RF,1Vf~Ll~S: This Agreement shall be enforceable ~ any court of connpetent jurisdiction by either "City" or "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach o£ this ,Agreement, the parties agree that "City" and "Developer" shall ha~re thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the DEVE~,OPMEN'Z' AGREEMENT - 9 AUG 12 '99 1436 2083881001 PAGE.06 RUG-12-1999(THU) 14:20 SPI NK&BUTLER 2083881001 P. 007 i • cITY' DEVELOPER do City Engineer . qtr- 5~~.1 Ciry of Meridian e' ,~„r 33 E. Idaho Ave. G~~cv ' Meridian, ID 83642 - with copy to: City Clerlc City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 17.1 A parry shall ha~re the right to change its address by delivering to the othez party a ~vvritten notification thereof in accordance with the requirements of this section. l 8. ,A~TTORNEX E'E~S: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as maybe granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a sepazate contract .between the parries and shall survitve any default, termination or forfeiture of this .A~Qreeznent. 19. TTlV1E YS OF THE ESSENCE: The patties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BXNDXNG YJZ'O1V SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the patties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shaIl be both benefitted and bound by the DEVELOPMENT AGREEMENT - I1 AUG 12 '99 14 36 2083881001 PAGE. 07 HUG-12-1999(THU) 14:20 SPINK&BUTLER 2083881001 P. 008 ACIINOWI.EDGMENTS I1V WYTNESS WHEREOF, the pazues have herein executed this agreement and Made it effective as hereinabove provided. 1od1L ~a~+~eR.~ShS11Nt. ~ ~.~.~o~n.~.- Cu(P~•~Iw BY: Be~-ele~er ~~~ ~ . s},~.~.s, P~- ~ ~. ~_ ,., ~ . - ~ e -~3~='~~aPer CITY OF MERIDIAN CITY OF MERIDIAN BY: MAYOR ROBERT D. CORRIE Attest: CITX CLERK BX RESOLUTION NO. ry/Z:\Wock\M\Meridian 15360M~Cobblescone VillagelDevelopAg DE'vELOP1~NT AGREEMENT -13 AUG 12 '99 14 36 2083881001 PAGE.08 RUG-12-1999(THU) 14:20 SPINK&BUTLER ; a S'I'.A,TE OP YnAHO COUNTX OF ADA On this me, McClure and Bey to be'the persons executed the saki :ss 2083881001 P. 009 ,~c ~r C~l.~orc~.`r of , in the year 1999, before a Notary Public, personally appeared 1Vlonte C. ~cClure, husband and wife, Ialown or identified to me executed the izlstzvment and aclaiowledged to me having Notary Public for Idaho Commission expires: County of Ada STATE OF T7~AI~0 ) 'SS On this day of , in the year , before me, a Notary Public, personally appeared Robert I.J. Cozzie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument ~of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) DEVELOPMENT AGREEMEM' - 14 Notary Public for Ydaho Commission expires: AUG 12 '99 14 36 2083881001 PAGE.09 RUG-12-1999(THU) 14:20_, SPINK&BUTLER 2083881001 ,P.O10 ,~aG s88~ ;~~~ ~~~ Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title I I, Municipal Code of the City of , Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Mezidian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. ~4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if' set forth in full, The property is approximately 6. I5 acres in size. The property is located at the southwest corner of Locust Grove Road and Franklin Road, Meridian, Idaho. ~~ .~ ~ ~..~.~ ?~ s~k ~t.~~ ~. h~. •t .,,,~.. a1r h~ ca~C~.• -c ~.c.~r,. ~.,~ ~~ mot` I,•~.Zbes...~ti~.~s.(~R.d ~ ~ ~..c. F...~P~•S~s 5. The Applicants, St z onzc n erpnses, nc., o Terra Gate Plaza 3558, Roseville, California,e acting on behalf of the record ownexs of the property Monte C. and Beverley J. lvlcCluxe of 2626 W. Penick Pointe Lane, Meridian, Idaho, and has filed a written request for annexation and zoning. 6. The property is presently zoned by Ada County as Rural Transition (R- T), and consists of a vacant single family dwelling. 7. The Applicant requesLS the property be zoned as High Density Residenrial District (R-40). 8. The Applicant has requested the annexation and this zoning, and the FINDINGS OF PACT AND CONCLUSIONS OF LAW -Page 3 AND DECISION AND OgpER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRA`lVI<i..IN ROAD AUG 12 '99 14:36 2083881001 PAGE. 10 -- _--- ¢JUl-~-T"FiCjC- ~IZVar HUB OF THE-1SURE VALLEY ROBERT D. CORR~ ~ ~ A Good Place to Live ~ LEGAL DEPARTMENT ,,~-It ~[ m~~ ~ ~ CITY OF MERIDIAN `-u~'ss1.1'-`'y PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83612 (~OSI ~S-''--=I I RON ANDERSON Phone (208) 388-1.133 • Fax (208) 887-13 (3 PLANNING AND ZONING KEITH BIRD DEPARTMENT ('0$)331-j~j} FACSIMILE COVER SHEET FAX NUMBER: ~~~] ~ ~ ~ ~~ DATE: I TO: ~ ~ I OI "1 TiTLE/DEPA TMENT: ~I~1 CONFIDENTIAL: YES NO J~ TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET):~_ FROM: CITY OF MERIDIAN - FAX NUMBER: (208) 888-42158- NAME: TITLE/DEPAR MENT: ~~Q/1~L PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4433. RUG-12-1999(THU7 1x:21 = SPINK&BUTLER 2083881001 P.O11 application was not initiated at the request of the City of Meridian. 9. The property is located at the southwest comer of Locust Grove Road and Franklin Road, Meridian, Idaho. 10. The subject property is bordered to the west by N~edimont (Stonebridge) Subdivision, to the south and east by Ada County Rural Transitional properties and the city limits of the City of Meridian are adjacent and abut to the north of the subject property across Franklin Road, currently zoned Genezal Retail and Service Commercial (C-G). l l . The land within the proposed annexation area is contiguous to the present aty limits of the City of Meridian, and the annexation would not be a shoestring annexation. .12. The property which is the subject of this application is within the .Area of Impact of the City of Meridian. 13. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning ,Area is defined in the Meridian Comprehensive Plan. x4. The applicant proposes to develop the subject property in the following manner: the constnzction and development of a 96-unit apartment complex, to include: 6 one bedroom units, u~-ts~ 58 two bedroom units, 24 three bedroom units, and 8 four bedroom units, FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 AND DECISION A1VD ORDER GR.9NTZNG APPLICATION FORANNEXATION ANI~ ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWES"I' CORNER OF LOCUST GROVE .AND FRANICLIN ROAD AUG 12 '99 143? 2083881001 PAGE. 11 RUG-,12-1999(THU) 14:21 SPINK&BUTLER 2083881001 P. 012 FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The application for annexation and a zoning designation of High Density Residential District (12-40) of 6.15 aces located at the southwest comer of Locust Grove Road and Franklin Road is granted. 2. The legal description shall be prepazed by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description fox annexation must place this parcel contiguous to the Cozporate City Limits per Ordinance No. 686. (See the legal description attached as Exhibit "A" and incorporated hexe as if set forth in full.) 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. (R-40) High Density Residential Ordinance which shall not be finally approved by the City Council until provisions of part 2 and 4 of this order have been met. ~u `P 4. Developer enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the .property shall be subject to de-annexation, with the City of Meridian which provides-for the following conditions of development to-wit: 4.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11`-9- 605.M. The ditches to be piped should' be shown on the site plans. Plans will need to be approved by the appropriate izrigation/drainage district, or lateral users assoo.ation, with written confirmation of said approval submitted to the Publzc Works Department. No variances have been requested for tiling of any ditches crossing this project. ~.2 Any existing domestic wells and/or septic systems within this project will have to be removed fxom their domestic services per City Ordinance Section 5-7-517. 'Wells may be used for non- domestic purposes such as landscape irrigation. ., 4.3 Off-sweet parking shall be provided in accordance with Section FINDINGS OF FACT AND CONCLUSIONS OF LA~V -Page l 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNE~,ATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT TI-IE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD AUG 12 '99 143? 2083881001 PAGE. 12 MERIDIAN CITY COUNCIL MEETING: AUGUST 17.1999. _ a APPLICANT: IONIC ENTERPRISES. INC. _ .AGENDA ITEM NUMBER: ~? REQUEST: ANNEXATION 8~ ZONING ORDINANCE FOR COBBLESTONE VILLAGE AGENCY COMMENTS CITY CLERK: SEE ATTACHED ORDINANCE CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT; CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER 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: ~~v ~ ~ ~~ ~~~ US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All INaterials presented at public meetings shall became property of the City of [Vlerldian. ** TX CONFIRMA~TUN REPORT ** DATE TIME TO/FROM 04 08/10 1020 PUBLIC WORKS AS OF AUG 10 '~10~21 PAGE.01 CITY OF MERIDIRN MODE MIN/SEC PGS CMD# STATUS OF--S 00'58" 004 094 OK Mawr ~~vo yr ~rtG~JUKi VaLLE( ROBERT D, CORR[E A Good Place [0 Lime ~~~~~~:_--~: CITY OF 1VIERIDIAN CHARLES ROUNTR.E 33 E4ST IDAHO GLEN,I BENTLEY n[ERIDL•1N, IDAHO $3642 RON ANDERSON Phont (20S) 383-J-t33 • Fax (?08) 887->•8lJ ICe.lTH BIRD LCAL DfPART,.IE~T I:U~I Syi~~bl PUBLIC WORKS BUILDING DEPARTSIENT PLANNING AND ZONING DEP,4RT~IENT i'_l)9) 93a-55)3 FACSIMILE COVER SHEET r~ FAX NUMBER:~g~~~q~ DATE: I TO: T1TLE/DEPA TMENT; ~~~~ CONFIDENTIAL: YES N01c. TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): FROM: CITY OF MERIDIAN - FAX NUMBER: (208) 888-42'f8 ~• NAME: ' TITLEJDEPAR MENT:,,~~0/!~ \ `COMMENTS: PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4433. ~ o~~ ~~ r d Y~ S s " ~. J~ WHITE, PETERSON PRUSS MORROW & GIGR. L ~' " „ V`-1 ~ , , . , ~~//JJJ / ~ /~ ATTORNEYS AT LAW 1 C~./'~--~.• l ~ ]UST1N P. AYLSWORTH 200 EAST CARLTON AVENUE, SUITE 31 I _ ~ - ~- ti ' I ]uuE KLEIN FISCHER ` POST OFFICE BOX 1150 I ~~~~ ~, ~~LiLC / ~ ~ rH WM. E Ci1GRAY, III MERIDIAN, IDAHO 83680-1150 . a I I 47 D. SAMUEL JOHNSON TEL (208) 288.2499 FAX (208) 288-2501 ~ ~~ ~ u~~ WILLIAM A. MORROW ~ 1 CHRISTOPHER S. NYE Email via Internet @ wf @ m com g ~P g ~~~ PHILIP A. PETERSON t STEPHEN L. PRUSS "},. i `~ + 3 ,y. ~ ` ~-- i ERIC S. ROSSMAN ~ ~ • _` TODD A. ROSSMAN a R. STEPHEN RUTHERFORD TERRENCE R. WHITE t 'w e` ` REc~~D J U L 2 9 1999 July 28, 1999 City of Meridian City C1'erk Office William G. Berg,rJr., City Clerlc MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: STAMAS CORPORATION/IONIC ENTERPRISES, INC./ COBBLESTONE VILLAGE ANNEXATION AND ZONING REVISED FINDINGS and DEVELOPMENT AGREEMENT Dear Will: Please find enclosed the original revised FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FORANNEXATION AND ZONING revised as per instructions from the Council meeting of July 20, 1999. I have also attached hereto the Development Agreement for the above matter which is set for the Council meeting of August 3, 1999, since Council did approve the Findings of Fact and Conclusions of Law with revisions for the above matter, the,Findings "will°need to°be`attached•to~the Development Agreement•as~Exhibit=:`B". Please submit the Development Agreement to the owners for signatures. I have, as well, enclosed the original of the Resolution and Certificate of Clerlc. Please also note, the Annexation and Zoning Ordinance is set on the Council agenda for Tuesday, August 3, 1999, and that ordinance was sent to your office on July 16, 1999. If you have any. questions please advise. Very truly our <,~ R. Step en therford msg\Z:\Wor1dM\Meridian 15360M\Cobblestone Village\FFCL and DevAgtClk.ltr • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF STAMAS CORPORATION/IONIC ENTERPRISES, INC., THE APPLICATION FOR ANNEXATION AND ZONING OF 6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANI~L;IN ROAD, MERIDIAN, IDAHO Case No. AZ-99-005 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on v for public hearing on the 6th of July, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, and Gary Smith, Public Works Director, appeared and testified, and appearing on behalf of the applicant were JoAnn Butler, attorney for.the applicant,. Moe Therian, real estate appraiser for the applicant, and Gary Lee with JUB Engineers, and Lance Fish, resident at 4232 Adam Street, Boise and resides in the Lakewood project which Mr. Peterson was involved in for a single family residential neighborhood with apartments, and all having appeared and testified in favor of the application, and Jim Wetherell, Robert R. Smith, Morgan FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ,IN ROAD. .. _i ~.. (~ ~-J Plant, Archie Rob^~ersonj Reece McMillan, Ted Hanson, Gene Presley, Ernie Roberson, Jeri Smith, all having testified in opposition and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: K ~ ~ ~~,~ ~ ~~~ FINDINGS OF FACT s t -. 1. The notice of public hearing on the application for annexation and ,~ zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for July 6, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under . ; i consideration more than fifteen (15) days prior to said hearing and with the notice of ' : ~_. i public hearing having been posted upon the property under consideration more than ~, - one week before said hearing; and that copies of all notices were made available to .t.~,., . newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the July 6, 1999, public . .. hearing;. and the applicant, affected property owners, and government subdivisions . a providing services within the planning jurisdiction of the City of Meridian, having +r been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set ~~ forth in Idaho Code §§ 67-6509 and 67-6511, and §§11-2-416E and 11-2-417A, ``„ ~ ~ ~. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 AND DECISION~AND ORDER GRANTING APPLICtATION FOR ANNEXATION AND ZONING/6.15~ACRES FOR COBBLESTONE VILLAGE ~.IP AT-THE'SOUTHWEST CORNER OF~LOCUST GROVE AND FRANIU.IN ROAD } • Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 6.15 acres in size. The property is located at the southwest corner of Locust Grove Road and Franklin Road, Meridian, Idaho. 5. The Applicants, Stamas Corporation/Ionic Enterprises, Inc., of 1 Sierra Gate Plaza 3558, Roseville, California, and are acting on behalf of the record owners of the property Monte C. and Beverley J. McClure of 2626 W. Penick Pointe Lane, Meridian, Idaho, and has -filed a written request for annexation and zoning. 6. The property is presently zoned by Ada County as Rural Transition (R- T), and consists of a vacant single family dwelling. 7. The Applicant requests the property be zoned as High Density Residential District (R-40). 8. The Applicant has requested the annexation and this zoning, and the FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANI<I,IN'ROAD ~~ ~. • application was not initiated at the request of ,the. City of Meridian. 9. The property is located at the southwest corner of Locust Grove Road and Franklin Road, Meridian, Idaho. 10. The subject property is bordered to the west by Medimont (Stonebridge) Subdivision, to the south and east by Ada County Rural Transitional properties and the city limits of the City of Meridian are adjacent and abut to the north of the subject property across Franklin Road, currently zoned General Retail and Service Commercial (C-G). 11. The land within the proposed annexation area is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 12. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 13. The entire parcel of the property is•included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian, Comprehensive Plan. 14. The applicant proposes to develop the subject property in the following manner.: the construction and development of. a 96-unit apartment complex, to include: from 24 one bedroom units to 6 one bedroom units, from 40 two bedroom units to 58 two bedroom units, 24 three bedroom units, and 8 four bedroom units, FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 AND DECISION AND `ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD with `a density of 15.6 units per acre, parking of 192 spaces with 6 handicap accessible parking spaces, with the following setbacks: REQUIRED PROPOSED Front 20' 35' (Franklin) Rear 15' 15' Side 0' 15' Street Side 20' 20' 15. ~ The Applicant request zoning of the subject real property as High Density Residential (R-40). It is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Use/ Planned Unit Development. 16. Meridian, through its Comprehensive Plan, states as follows: 16.1 Encourages the future population growth of the City to locate within the Area of City Impact.. (Policy 1.1, Page E-9) P 16.2 This area is contiguous with Meridian Urban Service Planning Areas where "municipal services and utilities are available or planned for. (Page E-3) 16.3 Meridian's policy is to use unimproved land in the Urban Service Planning Area in order to "maximize public investments, curtail urban sprawl and protect existing agricultural lands outside of this Area of Impact. (Page E-10, Policy 1.3 ) 16.4 'The Meridian Plan insists that no new residential development should be approved outside of the Urban Service Planning Area. The project is located within the Area of Impact. (Page E-10, Policy 1.4) 4~ FINDINGS OF FACT. AND CONCLUSIONS OF LAW -Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ,IN ROAD 16.5 The Comprehensive Plan acknowledges that meeting the challenge of providing services to citizens requires the expansion of the City's economic base along with creating new job opportunities for citizens and creating new residential opportunities. (Page E-15) 16.6 Housing is a dominate physical feature in the principal land use within Meridian. As the region's population grows, the demand .for housing will increase. Meridian will continue to develop into the ideal community only by maintaining and upgrading the quality'of existing and new dwelling units and at the same time developing a strong commercial and industrial base. ((Page 66) 16.7 The location of the project supports the City's encouragement of a wide diversity of housing types (single-family, modular, mobile homes and multi-family) and choices between ownership and rental units for all income groups in a variety of locations. (Page E-67; Policy l . l ) 16.8 It is the Housing Goal of Meridian to provide a sufficient choice of adequate housing in the community to meet the needs of individuals of all socioeconomic backgrounds, the elderly and disabled. (Page 66) 16.9 It is the policy of the City to support a variety of residential choices for the purpose of providing the' City with a range of affordable housing opportunities. (Page 23, Policy 2.1U) As testified to at the July 6, 1999, City Council meeting; there is a shortage of apartments to give Meridian residents choices. This project helps Meridian meet its housing goals. 16.10 The City promotes the development of housing for all income groups close to employment and shopping centers. (Page E-67, Policy 1.4) 16.11 The application presents the, City with a unified, integrated ' development, near major access thoroughfares. (Page E-68, Policy 1.19) FINDINGS OF FACT AND CONCLUSIONS OF ,LAW -Page 6 . AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD • • 16.12 The project fosters°the policy of Meridian for compatible land use and design (including an extensive landscape treatment for J the site). (Page E-19, Policy 1.8) 16.13 The project will maximize benefit to the residents, minimize r conflicts and provide atie-in between residential areas and service needs. (Page E-67, Policy 1.6) 17. The City of Meridian's Comprehensive Plan calls for the- timely provision of adequate infrastructure including roads, sewer, water and drainage to allow development of Commercial Activity Centers. The applicant will be extending City services and will continue to work with the City, ACHD, and others to coordinate the provision of infrastructure necessary to accommodate the project. Costs of services in connection with the project will be paid for, in substantial part, by the applicant. 18. The area included in the annexation and° zoning request is intended to be rezoned from the existing Ada County Rural Transitional (R-T). The area included in the zoning amendment is within Meridian's Area of Impact. By expanding the Area of Impact, Meridian has made the legislative determination that this area is to be annexed and zoned from existing County zoning to City zoning. 19. There has been change in the area of the project which dictates that the property be zoned as requested. When the City of Meridian adopted its Comprehensive Plan, it identified the area as appropriate for a Planned Unit Development. When the City of Meridian adopted its-Area of Impact, it determined FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ.IN ROAD n n L_J that it would eventually annex the area. It is appropriate for the City of Meridian to rezone from the existing County Rural Transitional zone to R-40, so that the City can work with the developer to extend services further into the Area of Impact. By extending services, especially to property immediately contiguous to the City, the City will be able to meet its goal of extending services throughout the Area of Impact over the next several years. 20. As .stated in Meridian's Comprehensive Plan, higher density residential development must be provided to meet the growing demands of the community. When adopting the Comprehensive Plan, the City acknowledged that, in the near future, this area would demand new residential uses as a complimentary mix to the existing employment opportunities. 21. The proposed multi-family residential use will not be hazardous or disturbing to existing or future uses. The residences will provide housing close to jobs and services, and the conditions of approval recommended by Staff and the Planning and Zoning `Commission ensure compatibility. The site plan depicts apark-like setting will be created for this project. Extensive setbacks and fencing will be provided at the southern boundary of the site to prevent disturbance to existing neighbors. One neighbor requested the applicant consider erecting a masonry wall, and which the applicant agreed to construct. Design details should be worked' out with Staff and the Planning and Zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIU.IN ROAD I~1 n ~J Commission. The windows have been designed to look away from the existing residences in the area. The project will therefore be a compatible project. 22. The City's Comprehensive Plan and Zoning Ordinance calls for the provision of adequate infrastructure including roads, waste disposal and water to allow development. Ionic Enterprises is required to work with the City, ACHD, and others to coordinate the provision of services necessary to accommodate the project. The City has received testimony from the agencies and departments and there have been no objections from those entities. 23. This project is a natural progression of the development of Meridian's Area of Impact, which Meridian previously has identified for development. Development of the location ensures public facilities will be extended to alLareas within the Axea of Impact in a reasonable, progressive manner. The cost for most of these services will be funded by the applicant. The project will not be detrimental to the economic welfare of the community, but will help ensure that Meridian can provide the service it has planned for this portion of the Area of Impact. 24. The project is proposed as a conditional use, and through the City's Staff and Planning and Zoning Commission, will set a number of conditions of approval to ensure that any potential detrimental element (such as lights) will not be excessive, and will be minimized. 25. The City's professional traffic engineer and ACRD have determined FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD ~~ that the project will not unduly burden the road system. Additionally, the applicant asked JUB Engineers to prepare a traffic study for the proposed project, which study revealed the street system is adequate to serve the project. The study was presented at the Planning and Zoning. Commission meeting. 26. The two intended accesses are located at Franklin Road, approximately 400 feet west of the intersection with Locust Grove. The other access is approximately 400 feet south of the intersection on Locust Grove.Site distances are adequate from both locations. It has been found that there would be no undue interference with existing or future traffic patterns. 27. The project will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 28. The project is designed to be compatible with and to further the goals, objectives, policies, and programs of the Comprehensive Plan, which goals have been adopted by the City to promote the public convenience and welfare. The project assists the City in improving the economic, social, and physical health of the community through better land use policies that do not violate private property rights, adversely impact property values, or create unnecessary technical limitations on the use of private property. The project is designed to create a cohesive planned residential project and thus would achieve public benefits envisioned by the City of Meridian's Comprehensive Plari. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD' ,'~ 29. The annexation and zoning and conditional use requested supports the goals and objectives of the Comprehensive Plan in the Meridian Area of Impact and Urban Services Planning Area. 30. Giving due consideration to, the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will.. not impose expense upon the public if the following conditions of development are imposed: Adopt the Planning and Zoning and Assistant to City Engineers Staff comments of April 9, 1999, as follows: 30.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- 605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with ,~ written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 30.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic services per City Ordinance Section 5-7-517. Wells may be used for non- .domestic purposes such as landscape irrigation. 30.3 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 30.4 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5. of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ,IN ROAD Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities- Act (ADA) requirements. 30.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 30.6 Outside lighting shall be designed `and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 30.7 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage,. flags, banners or flashing signs will be permitted. 30.8 Provide five=foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 30.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 30.10 Provide revised site plan detailing all existing and proposed utilities for review by the Meridian Public Works Department. Designer is to coordinate sizing and routing of sanitary sewer and water within the development with .the Public Worlcs Department. 30.11 Provide~Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 30.12 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to -these assessments, "Late Comers" fees may also be charged against this parcel to help reimburse the parties responsible for installing FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST~CORNER OF LOCUST GROVE AND FRANKLIN ROAD mains to their current points. 30.13 A total of 57 three-inch caliper trees are required for the- project. Due to the issues of entryway corridors and buffering of adjacent properties, trees in addition to the required three-inch caliper trees should be provided. Landscape buffers on Locust Grove Road and Franklin road need to show detailed vegetation and { tree plantings. Sodding only of these areas is not acceptable. Provide detailed landscape plan "for review and approval. 30.14 Particular attention will need to be paid to lighting plans to ensure adjacent residential properties and the traveling public is not impacted by glare, as determined by the City of Meridian. ' 30.15 Signage shall be limited to one low-profile monument type sign near the intersection of Franklin Road and Locust Grove Road. Detailed signage plans will be subject to design review. 30.16 Construct five-foot-wide sidewalks along the entire frontages of Franklin Road and Locust Grove Road. 30.17 Revise site plan to show screened trash enclosures. Coordinate locations and construction requirements with Meridian Sanitary Service, Inc., and provide a letter of approval from their office prior to applying for building permits. 30.18 Provide handicapped accessible parking spaces in accordance with the Americans with Disabilities Act. All building and parking lot construction needs to meet the requirements of the Americans with Disabilities Act. 30.19 The parking areas shown do not meet minimum Ordinance requirements of a 9' x 9' stall with a minimum 25' driveway aisle. The parking dimensions shown could be acceptable given consideration for bumper overhang; however, the adjacent walkways should either be divided by a planing strip or increased in width to a minimum of seven feet wide. 30.20 Drainage swales should not be within the landscape setbacks FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ,IN ROAD along Franklin and Locust Grove, as they do not provide buffering. 30.21 Provide a landscaped setback of 35 feet beyond required right-of- way along Franklin Road. . 30.22 No City-water will be allowed for landscape irrigation. 30.23 Six-foot-high, permanent perimeter fencing and buffering shall be provided adjacent to the existing residential use. 30.24 A development agreement is required as a condition of annexation. The development agreement should incorporate. a limitation on maximum density, buffering, details, entryway corridor requirements, etc. 30.25 Five Mile Creek is designated as multiple use pathway in the Meridian Comprehensive Plan. Fish, wildlife and vegetation species and habitat should be protected and maintained, provided it is in the best interests,of the City of Meridian. Consideration should be made for the land uses in these areas to minimize the risk of pollution and to preserve the natural beauty of Five Mile Creek. 30.26 Due to the topography of the site, the parcel currently accepts drainage water from the residential properties to the south. This drainage will need to be accommodated for in the development of the property. 31. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact no. 30, and all subparts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14 AND •DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ,IN ROAD • 32. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11- 2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted December 2I, I993, Ord. No. 629, January 4, 1994. 4. The' following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.1 Encourages the future population growth of the City to locate within the Area of City Impact. (Policy 1.1, Page E-9) 4.2' This area is contiguous with Meridian Urban Service Planning Areas where "municipal services and utilities are available or FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ.IN ROAD • planned for. (Page E-3) 4.3 Meridian's policy is to use unimproved land in the Urban Service Planning Area in order to "maximize public investments, curtail urban sprawl and protect existing agricultural lands outside of this Area of Impact. (Page E-10, Policy 1.3) 4.4 The Meridian Plan insists that no new residential development should be approved outside of the Urban Service Planning Area. The project is located within the Area of Impact. (Page E-10, Policy 1.4) 4.5 The Comprehensive Plan acknowledges that meeting the challenge of providing services to citizens requires the expansion of the City's economic base along with creating new job opportunities for citizens and creating new residential opportunities. (Page E-15 ) 4.6 • Housing'is a dominate physical feature in the principal land use within Meridian. As the region's population grows, the demand for housing will increase. Meridian will continue to develop into the ideal community only by maintaining and upgrading the quality of existing and new dwelling units and at the same time developing a strong commercial and industrial base. ((Page 66) 4.7 The location of the project supports the City's encouragement of a wide diversity of housing types (single-family, modular, mobile homes and multi-family)-and choices between ownership and rental units for all income groups in a variety of locations. (Page E-67, Policy 1.1) 4.8 It is the Housing Goal of Meridian to provide a sufficient choice of adequate housing in the community to meet the needs of individuals of all socioeconomic backgrounds, the elderly and disabled. (Page 66) 4.9 It is the policy of the City to support a variety of residential choices for the purpose of providing the City with a range of affordable" housing opportunities. (Page 23, Policy 2.1 U) As FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND. ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ,IN ROAD • testified to at the July 6, 1999, City Council meeting, there is a shortage of apartments to give Meridian residents choices. This - project helps Meridian meet its housing goals. 4.10 The City promotes the development of housing for all income groups close to employment and shopping centers. (Page E-67, Policy 1.4) 4.11 The application presents the City with a unified, integrated development, near major access thoroughfares. (Page E-68, Policy 1.19) 4.12 The project fosters the policy of Meridian for compatible land use and design.. (including an extensive landscape treatment for the site) . (Page E-19, Policy 1.8 ) 4.13 The project will maximize benefit to the residents, minimize conflicts and- provide atie-in between residential areas and service needs. (Page E-67, Policy 1.6) 5. The requested zoning of (R-40) High Density Residential District is defined in the Zoning Ordinance at 11-2-408 B. 6. as follows: (R-40) High Density Residential District: The purpose of the (R-40) District is to permit the establishment of high density residential uses at a density not exceeding forty (4) dwelling units per acre. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. 6. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, A, Residential, Iists residential uses allowed in the various zoning districts of the City; ., that apartments are listed as conditional uses in the High Density Residential District (R-40). 7. By °authority of the City of Meridian under the Comprehensive Plan, a FINDINGS OF FACT AND CONCLUSIONS OF LAW °- Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ,IN ROAD • conditional use permit is required for Applicant to construct and develop a 96-unit apartment complex on this parcel of land. 8. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 9. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section l 1-9-616 which pertains to development time schedules and requirements; Section 11-9-605. M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 10. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 11. Section 11-2417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ,IN ROAD • • FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The application for annexation and a zoning designation of High Density Residential District (R-40) of 6.15 acres located at the southwest corner of Locust Grove Road and Franklin Road is .granted. 2. The legal description shall be prepared by a Registered:. Land Surveyor, Licensed by the State of Idaho, and shall conform to-all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. (See the legal description attached as Exhibit "A" and incorporated here as if set forth in full. ) 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. (R-40) High Density Residential ,Ordinance which shall not be finally approved by the City Council until. provisions of part 2 and 4 of this order have been met. 4: Developer enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be subject. to de-annexation, with the City of Meridian which provides for the following conditions of development to-wit: 4.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- 605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of -any ditches crossing this project. 4.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic services per City Ordinance Section 5-7-517: Wells may be used for non- dornestic purposes such as landscape irrigation. 4.3 Off-street parking shall be provided in accordance with Section FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANI<i.IN ROAD • • 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 4.4 Paving-and striping shall be ~in.accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5. of the City of Meridian. Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 4.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 4.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 4.7' All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and k Development Ordinance. No temporary signage,.flags, banners or b flashing signs will be permitted. , 4.8 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 4.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 4.10 Provide revised site plan detailing all existing. and proposed utilities for review by the Meridian Public Works Department. Designer is to coordinate sizing and routing of sanitary sewer and water within the developrrient with the Public Worlcs Department. 4.11 Provide Public Works Department with information on anticipated fire flow.and domestic water requirements for the proposed site. Flow and pressure from the existing. mains should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ.IN ROAD, '• 4.12 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, "Late Comers" fees may also be charged against this parcel to help reimburse the parties responsible for installing mains to their current points. 4.13 A total of 57 three-inch caliper trees are required for the project. Due to the issues of entryway corridors and buffering of adjacent properties, trees in addition to the required three-inch caliper trees should be provided. Landscape buffers on Locust Grove Road and Franklin road need to show detailed vegetation and tree plantings. Sodding only of these areas is not acceptable. Provide detailed landscape plan for review and approval. 4.14 Particular attention will need to be paid to lighting plans to ensure adjacent- residential properties and the traveling public is not impacted by glare, as determined by the City of Meridian. 4.15 Signage shall be limited to one low-profile monument type sign near the intersection of Franklin Road and Locust Grove Road. Detailed signage plans will be subject to design review. 4.16 Construct five-foot-wide sidewalks along the entire frontages of Franklin Road and Locust Grove Road. 4.17 Revise site plan to show screened trash enclosures. Coordinate locations and construction requirements with Meridian Sanitary Service, Inc., and provide a letter of approval from their office prior to applying for building permits. z ` 4.18 Provide handicapped accessible parking spaces in accordance with the Americans with Disabilities Act. All building and, parking lot construction needs to meet-the requirements of the Americans with Disabilities Act. 4.19 The parking areas shown do not meet minimum Ordinance requirements of a~ 9' x 9' stall with a minimum 25' driveway aisle. The parking dimensions shown could be acceptable given consideration for bumper overhang; however, the adjacent FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ,IN ROAD walkways should either be divided by a planing strip or increased in width to a minimum of seven feet wide. 4.20 Drainage swales should not be within the landscape setbacks along Franklin and Locust Grove, as they do not provide buffering. E } -~ 4.21 Provide a landscaped setback of 35 feet beyond required. right-of- way along Franklin Road. 4.22 No City water will be allowed for landscape irrigation: 4.23 Six-foot-high, permanent perimeter fencing and buffering shall be provided adjacent to the existing residential use. 4.25 Five Mile Creek is designated as multiple use pathway in the Meridian Comprehensive Plan. Fish, wildlife and vegetation species and habitat should be protected and maintained, provided it is in the best interests of the City of Meridian. Consideration should be made for the land uses in these areas to minimize the risk of pollution and to preserve the natural beauty of Five Mile Creek. 4.26 Due to the topography of the site, the parcel currently accepts { "drainage water from .the residential properties to the south. This drainage will need to be accommodated for in the development of the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 22 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR.COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ.IN ROAD NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter t 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held July 20, 1999. ROLL CALL COUNCILMAN RON ANDERSON VOTED COUNCILMAN GLENN BENTLEY VOTED COUNCILMAN KEITH BIRD VOTED COUNCILMAN CHARLIE ROUNTREE VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED, DATED: ~--~ ~~9 FINDINGS OF-FACT AND CONCLUSIONS OF LAW -Page 23 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ,IN ROAD • • MOTION: APPROV DISAPPROVED: A Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. By: ~ 1 Dated: ~''Z~ ~~ ity Clerlc msg/Z:\Work\M\Meridian 15360M\Cobblestone Village\AZFfCIs FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 24 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ.IN ROAD , ~. ~yC'~'TZT~~ JU1. ~ ~ 199 DEVELOPMENT AGREEMENT City rzF~1er~~iia~. Cit~; i;erk ;_''~ice PARTIES: 1. City of Meridian 2. Monte C. McClure and Beverly J. McClure, husband and wife THIS DEVELOPMENT AGREEMENT {this "Agreement"), is made and entered into this day of , by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and MONTE C. McCLURE and BEVERLY J. McCLURE, husband and wife, hereinafter called "DEVELOPER", whose address is 2626 W. Penick Pointe Lane, Meridian, Idaho 83642. 1. RECITALS: 1.1 WHEREAS, "Developer" is the sole owner, iri law and/or equity, of certain tract of land in the County of Ada, State of Tdaho, described in Exhibit A, which is attached .hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance.l 1-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designatiori of High Density Residential District (R-40), (Municipal Code of the City of Meridian); and Y 1.5 WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, DEVELOPMENT AGREEMENT - 1 l~ ~~ as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation~and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 'WHEREAS, City Council, the day of ; , 1999, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated heren° as if set 'forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require~the "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and. ~. 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and aclcnowledges'that° this Agreement was entered into voluntarily and at its urging and requests; and ~- 1.10 'WHEREAS, "City" requires the "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is'developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing service"s witYiin the planning jurisdiction and from affected property -owners ,~ and to ensure annexation and zoning designation is it accordance with th'e Comprehensive Plan of the City of Meridian adopted December 21, 19893, Ordinance #629, January 4, 1994, and the Zoning and Development DEVELOPMENT AGREEMENT - 2 ~ ~ Ordinance codified in Title -11, Municipal Code of the City of Meridian. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. ..DEFINITIONS: For all purposes of this Agreement the 'following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: ,~ 3.1 t "CITY": means and refers to the City 'of Meridian, a .party" to this Agreement, which is-a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. .: 3.2 "DEVELOPER": means and refers to Monte C. McClure and Beverly j. McClure, husband and wife, whose address is 2626 W. Penick Pointe Lane, Meridian, Idaho 83642, the party developing said "Property" and shall include any . subsequent owner(s)/developer(s) of the "Property". >. 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement -are only those uses allowed under "City"'s Zoning Ordinance codified at Section 11-2-408 B.6. Meridian City Code which are herein specified as follows: (R-40) High Density Residential District: The purpose of the (R-40) District is to permit the establishment of high density residential uses at a density not exceeding .DEVELOPMENT AGREEMENT - 3 ~ g forty (40) dwelling units per acre. Connection to the Municipal Water and Sewer Systems of the City of Meridian is required. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning &. Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 "Developer" shall develop the "Property" in accordance with the following special conditions: 6.1.1. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. (See the legal description attached ~as Exhibit. "A" and incorporated here as if set forth in full. ) 6.2 .Developer enter into a Development Agreement, that provides in the event the conditions therein are not met'by the Developer that the property shall be subject to de- annexation, with the City of Meridian which provides for the following conditions of development to-wit: 6.2.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled .per .City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said DEVELOPMENT AGREEMENT - 4 approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 6.2.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic services per City Ordinance Section 5-7-517. We11s may be used for non-domestic purposes such as landscape irrigation. 6.2.3 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 6.2.4 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 6.2.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall d be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained z and disposed of on-site. 6.2.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 6.2.7 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 6.2.8 Provide five-foot-wide sidewalks in accordance with ~~ City Ordinance Section 11-9-606.B. ,, DEVELOPMENT AGREEMENT - 5 6.2.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 6.2.lOProvide revised site plan detailing all existing and proposed utilities for review by the Meridian Public Works Department. Designer is to coordinate sizing and routing of sanitary sewer and water within the development with the Public Works Department. 6.2.11 Provide Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 6.2.12Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these .assessments, "Late Comers" fees may also be charged against this parcel to help reimburse the parties responsible for installing mains to their current points. 6.2.13A total of 57 three-inch caliper trees are required for the,project. Due to the issues of entryway corridors and buffering of adjacent properties, trees in addition to the required three-inch caliper trees should be provided. Landscape buffers on Locust Grove Road and Franklin road need to show detailed vegetation and tree plantings. Sodding only of these areas is not acceptable. Provide detailed landscape plan for review and approval. 6.2.14 Particular attention will need to be paid to lighting plans to ensure adjacent residential properties and. the traveling public is not impacted by glare, as determined by the City of Meridian. 6.2.15 Signage shall be limited to one low-profile monument type sign near the intersection of Franklin Road and Locust Grove Road. Detailed signage plans will be subject to design review. DEVELOPMENT AGREEMENT - 6 6.2.16Construct five-foot-wide sidetivalks alongthe entire. frontages of Franklin Road and Locust Grove Road. 6.2.17 Revise site plan to show screened trash enclosures. Coordinate locations Fand construction requirements with Meridian Sanitary Service, Inc., and provide a letter of approval from their office prior to applying for building permits. 6.2.18 Provide handicapped accessible parking spaces in accordance with the Americans with Disabilities Act. All building and parking lot construction needs to meet the requirements of the Americans with Disabilities Act. 6.2.19The parking areas shown do not meet minimum Ordinance requirements of a 9' x 9' stall with a minimum25' driveway aisle. The parking dimensions shown could be acceptable given consideration for bumper overhang; however, the adjacent walkways should either be divided by a planing strip or increased in width to a minimum of seven feet wide. 6.2.20Drainage swales should not be within the landscape setbacks along Franklin and Locust Grove, as they do not provide buffering. 6.2.21 Provide a landscaped setback of 35 feet beyond required right-of--way along Franklin Road. 6.2.22 No City water will be allowed for landscape irrigation. 6.2.23 Six-foot.-high, permanent~perimeter fencing and buffering shall be provided adjacent to the existing residential use. { 6.2.25 Five Mile Creelc is designated as multiple use pathway in the Meridian Comprehensive Plan. Fish, wildlife and vegetation species and habitat should be protected and maintained, provided it is in the best interests of the City of Meridian. Consideration DEVELOPMENT AGREEMENT - 7 should be made for the land uses in these areas to minimize the risk of pollution arid to preserve the natural beauty of Five Mile Creelc. 6.2.26Due to the topography of the site, the parcel currently accepts drainage water from the residential properties to the south. This drainage will need to be accommodated for in the development of the property. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the .commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer" or "Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two (2) years of the date this Agreement is effective, and after the "City" has complied with-the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the "Devel'oper" fails to cure .such failure within six (6) months of such notice. 9. INSPECTION: "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement'or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: DEVELOPMENT AGREEMENT - 8 10.1 In the event "Developer", "Developer"'s heirs, successors, assigns, or subsequent owners of the-"Property" or any other person acquiring, an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. . 10.2` A waiver by "City" of any default by "Developer" of any one or more of the covenants or conditions hereof shall apply solely to thebreach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s cost, and submit proof of such recording. to~ "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the .City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and~record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer", or by any successor or successors,n title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, °agreements, conditions, and obligations contained herein. I3.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the .same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the DEVELOPMENT AGREEMENT - 9 .. case of any such default which cannot with diligence be ~~~ - cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. <. 13.2 In the event the performance of any covenant to be performed hereunder by either "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, ` strikes or similar causes, the- time for such performance shall be extended by the amount of time ofsuch delay. 14. SURETY OF PERFORMANCE: The "City„ may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under I 1-9-606 C of the Meridian City Code, to insure that installation of the improvements, which.the "Developer" agrees to provide, if required by the "City". 15. `CERTIFICATE OF OCCUPANCY: The "Developer" agrees that no,Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, .and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs; or successors shall not meet the conditions contained.n the,Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and' when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT - 10 CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 sty with copy to: City Clerlc City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: = Monte C. McClure and Beverly J. McCluire 2626 W. Penick Pointe Lane Meridian, Idaho 83642 ~~,. 17.1 A party shall have the right to change its address by ~ t delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to .each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the DEVELOPMENT AGREEMENT - 11 ` • • conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination. of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 4 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such.provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT:- This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" and "City" relative to the subject,matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) ~in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerlc. DEVELOPMENT AGREEMENT - 12 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. BY: Monte C. McClure Developer BY: Beverly J. McClure Developer CITY OF MERIDIAN CITY OF MERIDIAN BY: MAYOR ROBERT D. CORRIE Attest: CITY CLERK BY RESOLUTION NO. ey/Z:\Wor1cW1\Nleridian 15360M\Cobblestone Village\DevelopAgr DEVELOPMENT AGREEMENT - 13 STATE OF IDAHO ) :ss . COUNTY OF ADA ) On this day of , in the year 1999, before me, a Notary Public, personally appeared Monte C. McClure and Beverly,J. McClure, husband and wife, lcno`vn or identified to me to be the persons who executed the instrument and aclcno~vledged to me having executed the same. ; (SEAL) Notary Public for Idaho Commission expires: STATE OF IDAHO as e. County of Ada ) On this day of , in the year , before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. ` (SEAL) Notary Public for Idaho Commission expires: DEVELOPMENT AGREEMENT - 14 EXHIBIT A Legal Description Of Property A parcel of land being a portion of the Northeast 1/4 of the i Northeast 1/4 of Section 18, T.3N., R.lE., Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a brass cap monumenting the northeast corner of said Section 18, said corner being the TRUE POINT OF BEGINNING, from which the North I/4 corner of said Section 18-bears South 89°46'18" West 2,654.20 feet; thence South 00°31'19" West 565.45 feet±along the Easterly , boundary of said Section 18 and the center line of South Locust Grove Road; thence leaving said section line and center line South 89°41'24" West 474:70 feet parallel with and lying 4$.5 feet northerly from the north line of that certain warranty deed recorded as Instrument No. 700676 in the records of Ada County, Idaho to a point on the Easterly boundary of Medimont Subdivision No. 1 recorded in Boolc 75 of Plats at Page 7794 in the records of Ada County, Idaho: thence along the easterly boundary of said subdivision North 00°58'43" East 378.88 feet an angle point in said easterly boundary line; thence continuing along said easterly boundary line extended North D2°14'38" West 187.40 feet to a point on the Northerly boundary of said Section 18; thence along said Northerly boundary North 89°46'I8" East 480.70 feet to the TRUE POINT OF BEGINNING. Said parcel contains 6.16 acres, more or less. DEVELOPMENT AGREEMENT - 15 . ~~ EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of A~~roval t f 1 i DEVELOPMENT AGREEMENT - 1'6 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF STAMAS CORPORATION/IONIC ENTERPRISES, INC., THE APPLICATION FOR ANNEXATION AND ZONING OF 6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ.IN ROAD, MERIDIAN, IDAHO Case No. AZ-99-005 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on the 6th of July, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, and Gary Smith, Public Worlcs Director, appeared and testified, and appearing on behalf of the applicant were JoAnn Butler, attorney for .the applicant, Moe Therian, real estate appraiser for the applicant, and Gary Lee with JUB Engineers, and Lance Fish, resident at 4232 Adam Street, Boise and resides in the Lakewood project which Mr. Peterson was involved in for a single family residential neighborhood with apartments, and all having appeared and testified in favor of the application, and Jim Witherell, Robert R. Smith, Morgan FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ,IN ROAD • Plant, Archie Roberson, Reece McMillan, Ted Hanson, Gene Presley, Ernie Roberson, Jeri Smith, all having testified in opposition and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing`on the application for annexation and zoning vas published for t~vo (2) consecutive weeks prior to said public hearing scheduled for July 6, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one ~veelc before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the July 6, 1999, public hearing; and the applicant,. affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having '' been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§11-2-416E and 11-2-417A, „f FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ,IN ROAD • Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title-l 1, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 6.15 acres in size. The property is located at the southwest corner of Locust Grove Road and Franklin Road, Meridian; Idaho. 5. The Applicants, Stamas Corporation/Ionic Enterprises, Inc., of 1 Sierra Gate Plaza 3558, Roseville, California, and are acting on behalf of the record owners of the property Monte C. and Beverley J. McClure of 2626 W. Penick Pointe Lane, Meridian, Idaho, and~~has filed a written'request for annexation and zoning. 6. The property is presently zoned by Ada County as Rural Transition (R- T), and consists of a vacant single family dwelling. 7. The Applicant requests the property be zoned as High Density Residential District (R-40). 8. The Applicant has requested the annexation and this zoning, and the FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 AND' DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANI~L,IN ROAD r ~,J application vas not initiated at the request of the City of Meridian. 9. The property is located at the southwest corner of Locust Grove Road and Franklin Road, Meridian, Idaho. 10. The subject property is bordered to the west by Medimont (Stonebridge) Subdivision, to the south and east by Ada County Rural Transitional properties and the city limits of the City of Meridian are adjacent and abut to the north of the subject property across Franklin Road, currently zoned General Retail and .Service Commercial (C-G). 11. The land within the proposed annexation area is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. I2. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 13. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 14. The applicant proposes to develop the subject property in the following manner: the construction and development of a 96-unit apartment complex, to include: from 24 one bedroom units to 6 one bedroom units, from 40 two bedroom units to 58 two bedroom units; 24 three bedroom units, and 8 four bedroom units, FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6. l 5 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ,IN ROAD • with a density of 15.6 units per acre, parking of 192 spaces with 6 handicap accessible parking spaces, with the following setbacks: REQUIRED PROPOSED Front 20' 35' (Franklin) Rear 15' 15' Side 0' 15' Street Side ~ 20' 20' 15. The Applicant request zoning of the. subject real property as High Density Residential (R-40). It is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed' Use/ Planned Unit Development. 16. Meridian, through its Comprehensive Plan, states as follows: 16.1 Encourages the future population growth of the City to locate within the Area of City Impact. (Policy 1.I, Page E-9) 16.2 This area is contiguous with Meridian Urban Service Planning., Areas where "municipal services and utilities are available or ' planned for. (Page E-3) 16.3 Meridian's policy is to use unimproved land in the Urban Service Planning Area. in order to "maximize public investments, curtail urban sprawl and protect existing agricultural lands outside of this Area of Impact. (Page E-10, Policy 1.3 ) 16.4 The Meridian Plan insists that no new residential development should be approved outside of the Urban Service Planning Area. The project is located within the Area of Impact. (Page E-10, Policy 1.4) FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ.IN ROAD . ~ • 16.5 The Comprehensive Plan acknowledges that meeting the challenge of providing services to citizens requires the expansion of the City's economic base along with creating new job opportunities for citizens and creating new residential opportunities. (Page E-15) 16.6 Housing is a dominate physical feature" in the principal land use tivithin Meridian. As the region's population grows, the demand for housing will increase. Meridian `vill continue to develop .into the ideal community only by maintaining and upgrading the ' quality of existing and new dwelling units and at the same time. developing a strong commercial and industrial base. ((Page 66) 16.7 The Location of the project supports the City's encouragement of a wide diversity of housing types- (single-family, modular, mobile homes and multi-family) and choices between otivnership and rental units for all income groups in a variety of locations. (Page E-67, Policy ~ l . l ) 16.8 It is the Housing Goal of Meridian to provide a sufficient choice of adequate housing in the community to meet the needs of individuals. of all socioeconomic backgrounds, the elderly and .disabled. (Page bb) 16.9 It is the policy of the City to support a variety of residential choices for the purpose of providing the City with a range of affordable housing opportunities. (Page 23, Policy 2.1U) As testified to at the July 6, 1999, City Council meeting, there is a; shortage of apartments to give Meridian residents choices. This project helps Meridian meet its housing goals. 16.10 The City promotes the development of housing for all income groups. close to employment and shopping centers. (Page E-67, Policy 1.4) 16.11 The application presents the City with a unified, integrated development, near major access thoroughfares. (Page E-68, Policy 1.19) FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.1 S ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF .LOCUST GROVE AND FRANIQ,IN ROAD ~f 16.12 The project fosters the policy of Meridian for compatible Land use and design (including an extensive landscape treatment for the site) . (Page E-19, Policy 1.8 ) 16.13 The project will ma.~ci.mize benefit to the residents, minimize conflicts and provide atie-in between residential areas and service needs. (Page E-67, Policy 1.6) 17. The City of Meridian's Comprehensive Plan calls for the timely provision of adequate infrastructure including roads, sewer, water and drainage to allo~,v development of Commercial Activity Centers. The applicant tivill be extending City services and will continue to tivorlc tivith the City, ACRD, and others to coordinate the provision of infrastructure necessary to accommodate the project. Costs of services in connection tivith the project will be paid for, in substantial part, by the applicant. 18. The area included in the annexation and zoning request is intended to be rezoned from the existing Ada County Rural Transitional (R-T). The area included in the zoning amendment is within Meridian's Area of Impact. By expanding the Area of Impact, Meridian has made the legislative determination that this area is to be annexed and zoned from existing County zoning to City zoning. 19. There has been change in the area of the project which dictates that the property be zoned as requested. When the City of Meridian adopted its Comprehensive Plan, it identified the area as appropriate for a Planned Unit Development. When the City of Meridian adopted its Area of Impact, it determined FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR,ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD • S that it would eventually annex the area. It is appropriate for the City of Meridian to rezone from the existing County Rural Transitional zone to R-40, so that the City can work with the developer to extend services further into the Area of Impact. By extending services, especially to property immediately contiguous to the City, the City will be able to meet its-goal of extending services throughout the Area of Impact over the next several years. 420. As stated in Meridian's Comprehensive Plan, higher density residential development must be provided to meet the growing demands of the community. When adopting the Comprehensive Plan, the City acknowledged that, in the near future, this area would demand new residential uses as.a complimentary mix to the existing employment opportunities. 2I . °The proposed multi-family residential use will not be hazardous or' disturbing to existing or future uses. The residences will provide housing close to jobs and ser<~ices, and the conditions of approval recommended by Staff and the Planning and Zoning Commission ensure compatibility. The site plan depicts a park-like setting will be created for this project. Extensive setbacks and fencing will be provided at the southern boundary of the site to prevent disturbance to existing neighbors. One neighbor requested the applicant consider erecting a masonry wall, and which the applicant agreed to construct. Design details should be worked out with Staff and the Planning and Zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ.IN ROAD Commission. The `windows have been .designed to look away from the existing residences in the area. The project will therefore be a compatible project. 22. The City's Comprehensive Plan arid Zoning Ordinance calls for the provision of adequate infrastructure including roads, waste disposal and water to allow development. Ionic Enterprises is required to ~vorlc with the City, ACHD, and others to coordinate the provision of services necessary to accommodate the project. The City has received testimony from the agencies and departments and there have been no objections from those entities. 23. This project is a natural progression of the development of Meridian's Area of Impact, which Meridian previously has identified for development. Development of the location ensures public. facilities will be extended to all areas within the Area of Impact in a reasonable, progressive manner. The cost for most of these services will be funded by the applicant. The project will not be detrimental to the economic welfare of the community, but will help ensure that Meridian can provide the service it has planned for this portion of the Area of Impact. 24. The project is proposed as a conditional use, and through the City's Staff and Planning and Zoning Commission, will set a number of conditions of approval to ensure that any potential detrimental element (such as lights) will not be excessive, and will be minimized. 25. The City's professional traffic engineer and ACHD have determined FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION .AND ZONING/6.1 S ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ,IN ROAD • that the project will not unduly burden the road- system. Additionally, the applicant asked JUB Engineers to prepare a traffic study for the proposed project, which study revealed the street system is adequate to serve the .project. The study vas presented at the Planning and Zoning Commission meeting. 26. The two intended accesses are,located at Franklin Road, approximately. 400 feet `vest of the intersection with Locust Grove. The other access is approximately 400 feet south of the intersection~on Locust Grove. Site distances are .~. adequate from both locations. It has been found that there tivould be no undue interference with existing or future traffic1patterns. 27. The project will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 2S. The project is designed to be compatible with and to further the goals, objectives, policies, and programs of the Comprehensive Plan, which goals have been adopted by the City to promote the public convenience and welfare. The project assists the City in improving the economic, social, and physical health of the community through better land use policies that do not violate private property rights, adversely impact property values, or create unnecessary technical limitations on the use of private property. The project is designed to create a cohesive planned . residential project and thus would achieve public benefits envisioned by the City of Meridian's Comprehensive .Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR Ai~1NEXATION AND ZOMNG/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE'SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD i ~ 29. The annexation and zoning and conditional use requested supports ,the goals and objectives of the Comprehensive Plan in the Meridian Area of Impact and Urban Services Planning~Area. 30. =Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Planning and Zoning and Assistant to City Engineers Staff comments of April 9, 1999, as follows: 30.1 Any existing irrigation drainage ditches crossing the property to ' be included in this project,. shall be tiled per City Ordinance 11-9- 605.M. The ditches to be piped should be shown on the site plans. Plans ~~~ill need to be approved by the appropriate a `~ irrigation%drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested" for tiling of any ditches crossing this project. __ 30.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic services per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 30.3 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of MeridianAZoning and Development Ordinance and/or as detailed in 'site-specific requirements. 30.4 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5. of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ,IN ROAD ~s Meridian, Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. t . 30.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 30.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 30.7 All signage shall be in accordance with the standards set forth iri Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will. be permitted. ~' 30.8 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 30.9 All construction shall conform to the requirements of the Americans tivith Disabilities Act. 30.10 Provide revised site plan detailing all existing and proposed utilities for review by the Meridian Public Works Department. Designer is to coordinate sizing and routing of sanitary sewer and water within the development with the Public Works Department. , 30.11 Provide Public Works Department withinformation on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 30.12 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, "Late Comers" fees may also be charged against this parcel to help reimburse the parties responsible for installing FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGi6. l5 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST COR1'~1ER OF LOCUST GROVE AND FRANKLIN ROAD i ~ ~ mains to their current points. 30.13 A total of 57 three-inch caliper trees are required for the project. Due to the issues of entryway corridors and buffering of adjacent properties, trees in addition to the required three-inch caliper trees should be provided. Landscape buffers on Locust Grove Road and Franklin road need to show detailed vegetation and tree plantings. Sodding only of these areas is not acceptable. Provide detailed landscape plan for review and approval. 30.14 Particular attention will need to be paid to lighting plans to ensure adjacent residential properties and the traveling public is not impacted by glare, as determined by the City of Meridian. 30.15 Signage shall be limited to one low-profile monument type sign near the intersection of Franklin Road and Locust Grove Road. Detailed signage plans will be subject to design review. 30.16 Construct five-foot-wide sidewalks along the entire frontages of Franklin Road and Locust Grove Road. 30.17 Revise site plan to show screened trash enc?osures. Coordinate locations and construction requirements ~,vith Meridian Sanitary Service, Inc., and provide a letter of approval from their office prior to applying foz building permits. 30.18 Provide handicapped accessible parking spaces in accordance with the Americans with Disabilities Act. All building and parking lot construction needs to meet the requirements of the Americans with Disabilities Act. -~ 30.19 The parking. areas shown do not meet minimum Ordinance requirements of a 9' x 9' stall with a minimum 25' driveway aisle. The parking dimensions shown could be acceptable given consideration for bumper overhang; however, the adjacent walkways should either be divided by a planing strip or increased in width to a minimum of seven feet wide. 30.20 Drainage swales should not be tivithin the landscape setbacks FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD C~ along Franklin and Locust Grove, as they do not provide buffering. 30.21 Provide a landscaped setback of 35 feet beyond required right-of- way along Franklin Road. 30.22 No City water will be allowed for landscape irrigation. 30.23 Six=foot-high, permanent perimeter fencing and buffering shall be provided adjacent to the existing residential use. 30.24 A development agreement is required as a condition of annexation. The development agreement should incorporate a limitation on maximum density, buffering details, entryway corridor requirements, etc. 30.25 Five Mile Creek is designated as multiple use pathway in the Meridian Comprehensive Plan. Fish, wildlife and vegetation species and habitat should be protected and maintained, provided it is in the best interests of the City of Meridian. Consideration should be made for the land uses in these areas to minimize the risk of pollution and to preserve the natural beauty of Five Mile Creek. 30.26 Due to the topography of the site, the parcel curxently accepts drainage water from the residential properties to the south. This drainage will need to be accommodated for in the development of the property. 31. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact no. 30, and all subparts, the economic welfare of the' City and its residents and tax and rate payers' will be protected, which requirement shall be included iri a development agreement, a { condition of annexation and zoning designation. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14 ' AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15-ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD 32. The property can be physically serviced with City water and sewer, if applicant. extends the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and. the.. real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section l l- 2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as ~ provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted _ December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.1 Encourages the future. population growth of the City to locate within the Area of City Impact. (Policy 1.1, Page E-9) 4.2 This area is contiguous with Meridian Urban Service Planning , Areas where "municipal services and utilities are available or FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD planned for. (Page E-3) 4.3 Meridian's policy is to use unimproved land in the Urban Service Planning Area in order to "maximize public investments, curtail urban sprawl and protect existing agricultural lands outside of this Area of Impact. (Page E-10, Policy 1.3) 4.4 The Meridian Plan insists that no ne~v residential development should be approved outside of the Urban Service Planning Area. The project is located within the Area of Impact. (Page E-10, Policy 1.4) 4.5 The Comprehensive Plan aclcno~vledges that meeting the challenge of providing services to citizens requires the expansion of the City's economic base along with creating new job opportunities for citizens and creating ne~v residential opportunities. (Page E-15) 4.6 Housing is a dominate physical feature in the principal land use within Meridian: As the region's population .grows, the demand for housing will increase. Meridian will continue to develop into the ideal community only by maintaining and upgrading the quality of existing and new dwelling units and at the same time developing a strong commercial and industrial base. ((Page 66) 4`.7 The location of the project supports the City's encouragement of a wide diversity of housing types (single-family, modular, mobile homes and multi-family) and choices between ownership and rental -units for all income groups in a variety of locations. (Page E-67, Policy 1.1) 4.8 It is the Housing Goal of Meridian to provide a sufficient choice' of adequate housing in the community to meet the needs of individuals of all socioeconomic backgrounds, the elderly and disabled. (Page 66) ` 4:9 It is the policy of the City to support a variety of residential choices for the purpose of providing the City with a range of affordable housing opportunities. (Page 23, Policy 2.1U) As FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ,IN ROAD ... ~ - R j ~~ s testified fo at the July 6, 1999, City Council meeting, there is a shortage of apartments to give Meridian residents choices. This project helps Meridian meet its housing goals. 4.10 The City promotes the development of housing for all income groups close to employment and shopping centers. (Page E-67, Policy 1.4) 4.11 The application presents the City with a unified, integrated development, near major access thoroughfares. (Page E-68, Policy 1.19) 4.12 The project fosters the policy of Meridian for compatible land use and design (including an extensive landscape treatment for ,the site). (Page E-19, Policy 1.8) 4.13 The project will maximize benefit to the residents, minimize conflicts and provide atie-in between residential areas and service needs. (Page E-67, Policy 1.6) 5. The requested zoning of (R-40) High Density Residential District is defined in the Zoning Ordinance at 11-2-408 B. 6. as follows: (R-40) High Density Residential District`: The purpose of the (R-40) District is to permit the establishment of high density residential uses at a density not exceeding forty (4) dwelling -units per acre. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. 6. That Section l,1-2-409, ZONING SCHEDULE OF`USE CONTROL, A, Residential, lists residential uses. allowed in the various zoning districts of the City; that apartments are listed as conditional uses in the High Density Residential District (R-40). 7. By authority of the City of Meridian under the Comprehensive Plan, a FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 17 a AND DECISION AND ORDER4GRANTING APPLICATION } FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTI=~WEST CORNER OF LOCUST GROVE AND FRANIQ,IN ROAD conditional use permit is required for Applicant to construct and develop a 96-unit apartment complex on this parcel of land..,. 8. Since the annexation and zoning of land isya legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 6~, 665 P2d 1075 (1983). ~~ . ~~ 9. The development of the annexed Iand, if annexed, shall meet and s comply. with the Ordinances of the City. of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches'; and -Section 11-9-606 B 14., tivhich pertains to pressurized irrigation systems. I0. The development of the property shall be subject to and controlled'by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 11. Section 11-2417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the u e or development of the subject property. If a commitment is required or .permitted, it shall be recorded in the office of the Ada County Recorder arid shall take effect- upon the adoption of the ordinance annexing and zoning the property, or prior if ,agreed to by the owner of the parcel.. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 18 AND DECISION AND ORDER GRANTING APPLICATION ~ FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ.IN ROAD • . _ .~ ~ 'k a FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does- Order: 1. The application for annexation and a zoning designation of High Density Residential District (R-40) of 6.1 S acres located at the southwest corner of Locust Grove Road and Franklin Road is granted. 2. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 1 ~ 8. The legal description for annexation must place this:. parcel contiguous to the Corporate City Limits. per Ordinance No. 686. (See the legal description attached as Exhibit "A" and incorporated here as if set forth in full.) 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. (R-40) High Density Residential Ordinance which shall not be finally approved by the City Council until provisions of part 2 and 4 of this order have been met. 4. Developer enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be~ subject to de-annexation, with the City of Meridian which provides for the following conditions of development to-wit: 4.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- 605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any,ditches crossing this project. 4.2 Any existing domestic wells .and/or septic systems within this project will have to be removed from their domestic services per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 4.3 Off-street parking shall be provided in accordance with Section FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZOMNG/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ,IN ROAD (~ 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. d 4.4 Paving and striping shall be in accordance. with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5. `of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 4.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 4.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 4.7 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners ,or flashing signs will be permitted. 4.8 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 4.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 4.10 Provide revised site plan detailing all existing and proposed j utilities for review by the Meridian Public Worlcs Department. Designer is to coordinate sizing and routing of sanitary sewer and water within the development with the Public Worlcs Department. 4.11 Provide Public Worlcs Department with information on ' anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 20 AND DECISION A.ND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6. I5 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST COR~~1ER OF LOCUST GROVE AND FRANIQ,IN"ROAD` 4.12 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, "Late Comers" fees may also be charged against this parcel to help reimburse the parties responsible for installing mains to their current points. 4.13 A total of 57 three-inch caliper trees are required for the project. Due to the issues of entryway corridors and buffering of adjacent properties, trees in addition to the required three-inch caliper trees. should be provided. Landscape buffers on Locust Grove Road and Franklin road need to show detailed vegetation and` tree plantings. Sodding only of these areas is not .acceptable. Provide detailed landscape plan for review and`approval. 4.14 Particular attention will need to be paid to lighting plans to ensure adjacent residential properties and the traveling public is not impacted by glare, as determined by~-the City of Meridian. 4.I5 Signage shall be limited to one low-profile"monument type "sign near the intersection of Franklin Road and Locust Grove Road. Detailed signage plans will be subject to design review. 4.16 Construct five-foot-wide sidewalks along the entire frontages of Franklin Road and Locust Grove Road. 4.17 Revise site plan to show screened trash enclosures. Coordinate locations and construction requirements with Meridian Sanitary Service, Inc., and provide a letter of approval from their office prior to applying for building permits. 4.18 Provide handicapped accessible parking spaces,in accordance with the Americans with Disabilities Act. All building and parking lot construction needs to meet the requirements of the Americans ..with Disabilities Act. 4.19 The parking areas shown do not meet minimum Ordinance requirements of a 9' x 9' stall with a minimum 25' driveway aisle. The parking dimensions sho`vn could be acceptable given consideration for bumper overhang; however, the adjacent FINDINGS OF FACT AMID CONCLUSIONS OF LAW -Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE'SOUTHWEST CORNIER OF LOCUST GROVE A.1~1D FRANIQ,IN ROAD ~vallc~vays should either be divided by a planing strip or increased in width to a minimum of seven feet ~cvide. 4.20 Drainage s~vales should not be within the landscape setbacks along Franklin and Locust Grove, as they do not provide buffering. 4.21 Provide a landscaped setback of 35 feet beyond required right-of- way along Franklin Road. 4.22 No City water will be allowed for landscape irrigation. 4.23 SiY-foot-high, permanent perimeter fencing and buffering shall be provided adjacent to the existing residential use.. 4.25 Five Mile Creek is designated as multiple use pathway in the Meridian Comprehensive Plan. Fish, wildlife and vegetation species and habitat should be protected and maintained, provided it is in the best interests of the City of Meridian. Consideration should be made for the- land uses in these areas to minimize the risk of pollution and to preserve the natural beauty of Five Mile Creek. ~- 4.26 Due to the topography of the site, the parcel currently accepts drainage water from the residential properties to the south. This drainage will need to be, accommodated for in the development of the property. ,~ FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 22 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD • • NOTICE OF'FINAL ACTION Please take notice that this is a final action of the governing body of the. City of Meridian. Pursuant to Idaho Code § 67-6521 an affected`person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within t`venty-eight (28) days after the date of this decision and order seek a judiciahrevie~y as provided by Chapter 52, Title 67, Idaho Code. ,. By action of the City Council at its regular'meetirig held July 20, 199.9. ROLL CALL. COUNCILMAN RON ANDERSON VOTED COUNCILMAN GLENN BENTLEY v VOTED COUNCILMAN KEITH BIRD VOTED s COUNCILMAN CHARLIE ROUNTREE VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED:_ ~-~ ~--~cJ , FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 23 AND DECISION AND ORDER GRANTING APPLICATION ~~ FOR ANNEXATION AND ZONING/6.1 S ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD MOTION: APPROV DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. L . ` By: ~„ Dated: ~~~~ ~~ ~ 1 ity Clerk ~ ms~Z:\WorkU~t\Meridian 15360M\Cobb[estone Viilage\AZFECIs ,, FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 24 AND DECISION'AND ORDER GRANTING APPLICATION R FOR ANNEXATION AND- ZONING/6.1 S ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ,IN ROAD ~- - -- .. CE RE ~~ ~ u ~ z ~ ~sss RESOLUTION NO City of Meridian City Clerk Office ,,. BY: , n A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING' THE MAYOR TO ENTER INTO, C1N BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT",~ DATED THE DAY OF , 1999, BY AND BETWEEN THE CITY OF MERIDIAN AND MONTE C. McCLURE AND BEVERLY J. McCLURE. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with MONTE C. McCLURE and BEVERLY J. McCLURE, husband and wife, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Cleric are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with MONTE C. McCLURE and BEVERLY J. 1VIcCLURE, husband and wife, entitled "DEVELOPMENT . AGREEMENT" dated the day'of , 1999, by and between the City of Meridian and Monte C. McClure and Beverly J. McClure, husband and~wife, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING 1 CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH MONTE C. McCLURE AND BEVERLY J. McCLURE • PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN,. IDAHO, this day of , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 1999. ~~ MAYOR ATTEST: CITY CLERK msg\Z:\Work\M\Meridian 15360M\Cobblestone Village\Resolution RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH MONTE C. McCLURE AND BEVERLY J. McCLURE 2 ~: ~~ CERTIFICATE OF CLERK _OF THE CITY OF MERIDLAN I, the undersigned, do hereby certify: " 1. That I am the duly appointed and elected Clerlc of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerlc of this City, I am the custodian of its records and minutes and do hereby certify that on the day of ~ , 1999,. the following action has been'taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", DATED THE DAY OF , 1999, BY AND BETWEEN THE CITY OF MERIDIAN AND MONTE C. McCLURE AND BEVERLY J. McCLURE. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with MONTE C. McCLURE and BEVERLY J. McCLURE, husband and wife, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: D CERTIFICATE OF CLERK OF THE 1 CITY OF MERIDIAN I . The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with MONTE C. McCLURE and BEVERLY J. McCLURE, husband and wife, entitled "DEVELOPMENT AGREEMENT" dated the day of , 1999, by and between the City of Meridian and Monte C. McClure and Beverly J. McClure, husband,and wife, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. WILLIAM G. BERG, JR. r STATE OF IDAHO,. ) ss. County of Ada, ) On this .day of , in the year 1999, before me, a Notary Public, appeared. WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) Notary Public for Idaho Commission Expires: msg\Z:\Work\M\Meridian 15360M\Cobblestone Village\CertClkRes CERTIFICATE OF CLERK OF THE 2 CITY OF MERIDIAN d.,. .. .. ~a,-. CITY OF MERIDIAN RESEARCH REQUEST ~~ ~,~ Name: ~~~ Date: ~ ~ Q~l ~ ~ Phoney ~ ~~s~s-a£~ / Time: 1a :/O Description: ~~ ~A', ~ ~ ~ ~` ~U ~ ~/ - C/~~~ ~ ~ ~ / C;.~~./ 4{J ~%~~¢~ v VV _~~-!'~C/iX/t-o /'E7~'JU!r~ 7 Resul /F di s: 1{- ~~C~~ ~ ~, REQUESTOR'S SIGNATURE: # of pages: Date Finished: Staff providing information: Time required: Staff Comments: z ~~ ~~ Meridian City Council Meeting July 20, 1999 Page10 Corrie: Mr. Rountree. Rountree: I move that we approve the findings of fact and conclusions of law. A decision in order which grants the variance for reinstatement of the approved preliminary plat for Olsen Bush II. Bentley: Second. Corrie: Motion then made my Mr. Rountree and second by Mr. Bentley to approve the request for variance of the development inc. Any further discussion? ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL YEAS. x ITEM #5 FIND1(~tGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 6.15 ACRES (FOR R-40 ZONING) FOR PROPOSED COBBLESTONE VILLAGE BY IONIC ENTERPRISES, INC.---SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN: Rountree: Mr. Mayor? Corrie: Mr. Rountree. Rountree: I have a question for Shari. What was the date on staff comments on this particular project. Stiles: April 9th,1999. Rountree: 9th, thank you. Mr. Mayor? Corrie: Mr. Rountree. Rountree: Well, I had a rather lengthy memo from legal counsel regarding this particular finding And I guess I would propose to move forward with the finding with two amendments to the conditions of the finding. One that would include a requirement of a development agreement and two, that would include the conditions of staff's April 9th 1999 recommendation. Bird: Is that a motion? Meridian City Council Meeting July 20, 1999 Page11 Rountree: No, If you want~to talk about that, that's great. Bentley: Mr. Mayor, I concur. Bird: I do too. Corrie: Two concurrence. Rountree: Maybe I ought to make a motion. Bird: Did you make that a motion? Rountree: Mr. Mayor, I move that we approve the findings of facts and conclusions of law and the decision in order for the annexation and zoning of Cobblestone Village with amendin~ the findings of facts including a condition that would include staff comments of April 9 , 1999 and include a requirement for development agreement for this subject. Bird: Second. Corrie: Motion is made by Mr. Rountree, second by Mr. Bird to approve the findings of facts:and conclusions of law and order with the-two amendments and the staff approval' of the April 9th, 1999 requirements and also the development agreements. Any further discussion? Hearing. none, roll call vote. ROLL CALL VOTE: ANDERSON, NAY. BENTLEY, YEA. BIRD, YEA. ROUNTREE, YEA. MOTION CARRIED 3-1. ., ITEM #6 CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE. PERMIT FOR A GROUP DAYCARE OF 6-12 CHILDREN BY VOANNA C. WARD d/b/a/ VO'S DAYCARE---924 E: 4T" STREET: Corrie: This is a continued public hearing and I will open.. up theycontinued public hearing. We will have comments from staff to kind of get us back up to where we are here on this. Shari. Stiles: Mr. Mayor and council, I believe that the main reason that this was continued was so that the fire chief could look into the code requirements. They haven't had any information from here one way or the other. I don't know if the applicant has any information on that. . Corrie: Ok. .. MERIDIAN CITY COUNCIL MEETING: JULY 20, 1999 APPLICANT: IONIC ENTERPRISES, INC. AGENDA ITEM NUMBER: 5 REQUEST: ANNEXATION & ZONING FOR COBBLESTONE VILLAGE AGENCY COMMENTS ,, CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED FINDINGS CITY POLICE DEPT:. CITY FIRE DEPT: , CITY BUILDING DEPT: CITY WATER DEPT:. MERIDIAN SCHOOL DISTRICT: yn MERIDIAN POST OFFICE: ~ C I /(„' ADA COUNTY HIGHWAY DISTRICT: ~~ .~ ADA COUNTY STREET NAME COMMITTEE: JQ, ~ ~ CENTRAL DISTRICT HEALTH°. ~~ ~ ~ NAMPA MERIDIAN IRRIGATION: I ~~ SETTLERS IRRIGATION: ~ t IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All. Materials presented at public meetings shall become property of the City of Meridian WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH 200 EAST CARLTON AVENUE, SU[TE 31 JULIE KLEIN FISCHER POST OFFICE BOX 1150 WM. F. GIGRAY, III MERIDIAN, IDAHO 83680-1150 D. SAMUEL JOHNSON TEL (208) 288-2499 WILLIAM A. MORROW FAX (208) 288-2501 CHRISTOPHER S. NxE - Email via Internet wf m com G~ SG~~'PP S~ PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN July 16, 1999 R. STEPHEN RUTHEAFORD TERRENCE R. WHITE Willia~m-G~ Berg, Jr., City Clerlc Mayor Robert D. Corrie Councilman Anderson Councilman Bentley Councilman Bird Councilman Rountree Meridian City Hall 33 East Idaho Meridian, Idaho 83642 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466-9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE REcE~D J U L 1 6 1999 CITY 0~' i~~'I'tII)IAN Re: COBBLESTONE VILLAGE SUBDIVISION BY: STAMAS CORPORATION/IONIC ENTERPRISES Dear Will, Mayor and Councilmen: I Please find -ericlosed~Athe` original of~ the FINDINGS; OF FACT AND CONCLUSIONS OF LAW AND DECISION AND- ORDER GRANTING APPLICATION FORANNEXATION AND ZONING prepared as per instructions from the Council meeting of July 6, 1999, and which are on the agenda for July 20, 1.999. f Enclosed please also find the above ordinance for the annexation and zoning for COBBLESTONE VILLAGE SUBDIVISION. Please place this ordinance on the City Council agerlda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning are adopted. Please note the Ordinance does not provide for a Development Agreement. The Council should please note that I have not included any conditions of zoning in the Findings, nor have I prepared a Development Agreement. The motion that was. made stated: s • Mayor Robert D. Corrie July 15, 1999 Page 2 "Rountree:... Having said that Mr. Mayor, I would move that we direct the City Attorney to prepare Findings of Fact and Conclusions of Law, Decision and Order and a draft annexation ordinance that would annex and zone this property as requested by the applicant. Bird: I would second it. Corrie: Motion is made and seconded that we have the City Attorney draw up the Findings of Fact and Conclusions of Law for annexation and zoning of this property with the R-40 zone. Is there any further discussion? ROLL CALL VOTE: ANDERSON, NAY. BENTLEY, NAY. BIRD, YEA. ROUNTREE, YEA. Corrie: You're going to do it to me after all, aren't you: I agree with Charlie. It's a very delicate program here. We've got to be very careful in what we're doing so I'm going to vote yes and break the tie. MOTION CARRIED: 2 NAYS, 2 YEAS, TIE BREAKER, YEA. Rountree: Mr. Mayor, I guess again for the record, really we haven't made a decision on this. It depends on the Findings of Fact and conditions that are stated." I note in the record that there was a staff report of April 9, 1999, with a number of proposed conditions. The Council may have deliberately chosen to not include these knowing- this matter would come back as a conditional use permit application. The Council may wish to continue their discussion on this point. Very truly y s, ~(. ~ ~~ Wm. F. Gigray, Enclosures msg~Z:\Worlc\M\Meridian 153601VIiCobblestone Village\CIkFfClsDecOrd.ltr 5 ~L BEFORE THE MERIDLAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF STAMAS CORPORATION/IONIC ENTERPRISES, INC., THE APPLICATION FOR ANNEXATION AND ZONING OF 6.I5 ACRES FOR - COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANI~I.IlV ROAD, MERIDLAN, IDAHO J Case No. AZ-99-005 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on h for public hearing on the 6th of July, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, and Gary Smith, Public Worlcs Director, appeared and testified, and appearing on behalf of the applicant were JoAnn Butler, attorney for the applicant, Moe Therian, real. estate appraiser for the applicant, and Gary Lee with JUB Engineers, and Lance Fish, resident at 4232 Adam Street, Boise and resides in the Lakewood .project which Mr. Peterson was involved in for a single family residential neighborhood with apartments, and all having appeared and testified in favor of the application, and Jim Witlierell, Robert R. Smith, Morgan FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION°AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANI<hIN ROAD • f Plant, Archie Roberson, Reece McMillan, Ted Hanson, Gene Presley, Ernie Roberson, Jeri Smith, all having testified in opposition and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of -Fact and Conclusions of Law, and Decision and Order:. FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for July 6, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three Hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the July 6, 1999, public hearing; and.-the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2.: There has been compliance with all notice and hearing requirements set r forth in Idaho Code §§ 67-6509 and 67-6511, and §§11-2-416E and~l 1-2-417A, FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD ~' Municipal Code. of the City of Meridian. ,, . 3. The City Council takes judicial.notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of ' Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, an'd maps-and the ordinance Establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and F zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 6_.15 acres in size. The property is located at the southwest corner of Locust Grove Road and-Franklin Road, Meridian, Idaho. 5. The Applicants, Stamas Corporation/Ionic Enterprises, Inc., of 1 Sierra Gate Plaza 3558,.Roseville, California, and are acting on behalf of the record owners of the property Monte C. and Beverley J. McClure of 2626 W. Penick Pointe Lane, Meridian, Idaho, and has 'filed a written request for annexation and zoning. 6. The property is presently zoned by Ada County as~Rural Transition (R- T), and consists of a vacant single family dwelling. 7. The Applicant requests the property be zoned as High Density Residential District (R-40). 8. The Applicant has requested the annexation and this zoning, and the FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ.IN ROAD • ,. application was not initiated at the request of the City of Meridian. 9: The property is located'at"the southwest corner of Locust Grove Road and Franklin Road, Meridian, Idaho.` 10. The subject property is bordered to the west by Medimont t (Stonebridge) Subdivision, to the south and east by Ada County Rural Transitional . properties and the city limits of the City of Meridian are adjacent and abut to the north of the subject property across Franklin Road, currently zoned General Retail and Service Commercial (C-G). 11. The land within the proposed annexation area is contiguous tb the " present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 12. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 13. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian a Comprehensive Plan. 14. The applicant proposes to develop the subject property in the following manner: the construction and development of a 96-unit apartment complex, to include: from 24 one bedroom units to 6 one bedroom units, from 40 two bedroom units to 58 two bedroom units, 24 three bedroom units, and 8 four bedroom units, FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 AND DECISION AND ORDER GRANTING APPLICATION FORANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ,IN ROAD with a density of 15.6 units per acre, parking of 192 spaces with 6 handicap accessible parking spaces, with the •following setbacks: REQUIRED PROPOSED Front ~ 20' 35' (Franklin) Rear 15' 15' Side 0' 15' Street Side 20' 20' 15. The Applicant request zoning of the subject real property as High Density Residential (R-40). It is consistent with the Meridian Comprehensive Plan Generalized Land Use Map,which designates the subject property as Mixed.Use/ Planned-Unit Development. 16. Meridian, through its Comprehensive Plan, states as follows: 16.1 Encourages the future population growth of the City to locate within the Area of City Impact. (Policy 1.1, Page E-9) 16.2 This area is contiguous with Meridian Urban Service Planning Areas where "municipal services and utilities are available or planned for. (Page E-3 ) 16.3 Meridian's policy is to use unimproved land in the Urban Service Planning Area in order to "maximize public investments, curtail urban sprawl and protect existing agricultural lands outside of this Area of Impact. (Page E-10, Policy 1.3) 16.4 The Meridian Plan insists that no newrresidential development should be approved outside of the Urban Service Planning Area. The project is located within the.Area of Impact. (Page E-10, Policy 1.4) FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ.IN ROAD • i 16.5 The Comprehensive Plan acknowledges that meeting the challenge of providing. services to citizens requires the expansion of the City's economic base along with creating new job opportunities for citizens and creating new residential opportunities. (Page E-15) 16.6 Housing is a dominate- physical` feature in the principal land use within Meridian. As the region's population grows, the demand , for housing will increase. Meridian will continue to develop into the ideal community only by maintaining and upgrading the quality of existing and new dwelling units. and at the same time developing a strong commercial and industrial base. ((Page 66) 16.7 The location of the project supports the City's encouragement of a wide diversity of housing types (single-family, modular, mobile ` homes and multi-family) and choices between ownership and rental units for all income groups in a variety of locations. (Page E-67, Policy. 1.1) ,16.8 It is the Housing Goal of Meridian to provide a sufficient choice. of adequate housing in the ,community to meet the needs of individuals of all socioeconomic backgrounds, the elderly and disabled. (Page 66) ' .16.9 It is the policy of.the City to support a variety of residential choices for the purpose of providing the City with a range of affordable housing opportunities. (Page 23, Policy 2.1U) As testified to at the July 6, 1999, City Council meeting, there is a shortage~of apartments to give Meridian residents choices. This project helps Meridian meet its housing goals. r 16.10 The City promotes the development of housing for all income groups close to employment and shopping centers. .(Page E-67, Policy 1.4) 16.11 The application presents the City with a unified, integrated development, near major access thoroughfares. (Page E-68, Policy 1.19) FINDINGS OF FACT AND CONCLUSIONS OF LAW, -Page 6 AND DECISION AND ORDER GRANTING APPLICATION ' FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ.IN ROAD ~_ • 16.12 The project fosters the policy of Meridian for compatible land 'use and design (including an extensive landscape treatment for the site). (Page E-19, Policy 1.8) r 16. I3 The project will maximize benefit to the residents, minimize conflicts and provide atie-in between residential areas and service needs. (Page E-67, Policy 1.6) 17. .The City of Meridian's Comprehensive Plan calls for the. timely provision of adequate infrastructure including roads, sewer, water and drainage to allow development of Commercial Activity Centers. The applicant will be extending City services and will continue to -work with the City, ACRD, and others to coordinate the provision of infrastructure necessary to accommodate the project. Costs of services in connection with the project will be paid for, in substantial part, by the applicant. 18. The area included in the annexation and zoning request is intended to be rezoned from the existing Ada County Rural Transitional (R-T). The area included in the zoning amendment is within Meridian's Area of Impact. By expanding the Area of Impact, Meridian has made the legislative determination that this area is to be annexed and zoned from existing County zoning to City zoning. 19. There has been change in the area of the project which dictates that the property be zoned as requested. When the City of Meridian adopted its Comprehensive Plan, it identified the area as appropriate for a Planned Unit Development. When,the City of Meridian adopted its Area of Impact, it determined FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ.IN ROAD ~~ Y ., that it would eventually annex the area. It is appropriate for the City of Meridian to rezone from the existing County Rural Transitional zone to R-40, so that the City can work with the developer to extend services further into the Area of Impact. By extending services, especially to property immediately contiguous to the City, the City will be, able to meet its goal of extending cervices throughout the Area of Impact over the next several years. 20. As stated in Meridian's Comprehensive Plan, higher density residential development must be provided to meet the growing demands of the community. When adopting the Comprehensive Plan, the City acknowledged that, in the near future, this area would demand new residential uses as a complimentary mix to the existing employment opportunities. 21. The proposed multi-family residential .use will not be hazardous or disturbing to existing or future uses. The residences will provide housing close to jobs and services, and the conditions of approval recommended by Staff and the Planning and Zoning Commission ensure compatibility. The site plan depicts apark-like setting will be created for this project. Extensive setbacks and fencing will be provided at the southern boundary of the site to prevent disturbance to existing neighbors. One neighbor requested the applicant consider erecting a masonry wall, and which the_applicant agreed to construct. Design details should be worked out with Staff and the Planning and Zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ,IN ROAD • - ti a Commission. The windows have been. designed'to look away from the existing + h residences in the area. The project will, t'herefo're be a compatible project. ~• 22. The City's Comprehensive Plan and Zoning Ordinance calls for the . provision of adequate infrastructure including roads, waste disposal and water to allow development. Ionic Enterprises is required to work with the City, ACHD, and others to coordinate the provision of services necessary to accommodate the project. The City'has received testimony from the agencies and departments and there `. have been no objections from those entities. 23. This project is a.natural,progression of the development of Meridian's Area of Impact, which-Meridian previously has identified for development. Development~`of the location ensures public facilities will be extended to all areas g 3 within` the Area of Impact in a reasonable, progressive manner. The cost for most of these services will be funded by the'applicant. The project will not be detrimental to the economic welfare of the.community, but will help ensure that Meridian can . . provide the service it has planned for this portion of the Area of Impact. 24. The project is proposed as a conditional use, and through the City's R r. Staff and Planning and Zoning Commission, will set a number of conditions of approval to ensure that any potential detrimental element (such as lights) will not be' excessive, and will be minimized. 25. ~ The City's professional traffic engineer and ACHD have determined 3 FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR• COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD that the project will not unduly burden the road system. Additionally, the applicant asked JUB Engineers to prepare a traffic study for the proposed project, which study revealed- the street system is adequate to serve the project. The study was presented at the Planning and Zoning Commission meeting. 26. The two intended. accesses are located at Franldin Road, approximately 400 feet west of the intersection with`Locust Grove. The other access is approximately 400 feet south of the intersection on Locust Grove. Site distances. are adequate from both-locations. It has been`found that there would be no undue interference with existing or future traffic patterns. 27. The project will not result in the.destruction, loss or damage of a natural or scenic feature of major importance. 28. The project is designed to be compatible with and=to further the goals, objectives, policies, and programs of the Comprehensive Plan, which goals have been .adopted by the City to promote the public convenience. and welfare. The project assists the City in improving the economic, social, and physical health of the community through better land use policies.that do not violate private property rights, adversely impact property values, or create unnecessary technical limitations on the use of private property. The project is designed to,create a cohesive planned residential project and thus would achieve public benefits envisioned by the City of Meridian's Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OE LAW -Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ.IN ROAD • • 4 29. The annexation and zoning-and conditional use requested supports the goals and objectives of the Comprehensive Plan in the Meridian Area of Impact and Urban Services Planning Area. 30. It is found'that if the developer pays for the requested improvements and complies, with the conditions, and all subparts, the economic welfare of the City 1 and its residents and tax and rate payers will be protected; which requirement shall be included in a development agreement, a condition of annexation-and zoning designation. 31. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11- 2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. ~ The Council may take. judicial.notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD y ~~ l 1 •' ~- provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive' Plan Cityrof 1Vleridiari adopted '' ' ~ t< <k December 21, 1993,=' Ord. No. 629, January 4, 1994: ~ _ ~ t ° R . ! 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plari'ahd are applic°able to tlis'Application: `' 6-~ ~_ ~ ~~ 4.1 Encourages the future population growth of the City to locate within the Area of City Impact. (Policy 1.1, Page E-9) ;~ ~ , 4.2 This area is contiguous with"Meridian Urban Service Planning Areas where "municipal'services and utilities are available or planned for. (Page E-3) ` ~ i_ 4.3 Meridian's policy is to use unimproved land in the Urban Service Planning Area in order to "maximize public investments, curtail urban sprawl and protect existing agricultural lands outside of 'tlis'Area of Impact. (Page E-10, Policy 1.3) 4.4 The Meridian Plan insists that no new residential development should be approved outside of the Urban Service Planning Area. The project is located within the Area of Impact. (Page E-I0, Policy 1.4) 4.5 The Comprehensive Plan acknowledges that meeting the challenge of providing services to citizens requires-the expansion of the City's economic base along with creating new job opportunities for citizens and°creating new residential opportunities. (Page E- T 5) ~~ 4.6 Housing is a dominate physical feature in the principal land use within Meridian. As the region's population grows, the demand for housing will increase: Meridian will continue to develop into the ideal community only by maintaining and upgrading the quality of existing and new dwelling units and at the same time developing a strong commercial and industrial base. ((Page 66) FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12 AND DECISION AND ORDER GRANTING APPLICATION ~FOR`ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ,IlV 'ROAD ~ a ~ i' • ~ 4.7 The location of the project supports the City's encouragement of a wide diversity of housing types (single-family; modular, mobile homes and multi-family) and choices between ownership and rental units for all income groups in a variety of locations. (Page E-67, Policy 1.1) ° 4.8 It is the Housing Goal of Meridian to provide a sufficient choice ° of adequate housing in the community to meet the needs of individuals of all socioeconomic backgrounds, the elderly and disabled. (Page 66) 4.9 It is the policy of the City to support a variety of residential choices for the purpose of providing the City with a range of affordable housing opportunities. (Page 23, Policy 2.1U) As testified to `at the July 6, 1999, City Council meeting, there is a shortage of apartments to give Meridian residents choices. This project helps, Meridian meet its' housing goals. , 4.10 The City promotes the development of housing for all income groups close to employment and shopping centers. (Page E-67, Policy 1.4) 4.11 The application presents the City with a unified, integrated development, near major access thoroughfares. (Page E-68, Policy 1.19) " 4.12 The project fosters the policy of Meridian for compatible land use and design (including an extensive landscape treatment for the site) . (Page E-19, Policy 1.8 ) 4.13 The project will -maximize benefit to the residents, minimize conflicts and provide atie-in between residential .areas and service needs.,. (Page E-67, Policy 1.6) 5. The requested zoning of (R-40) High Density Residential District is defined in the Zoning Ordinance at 11-2-408~B. 6. as follows: (R-40, High Density Residential District: The purpose of the (R-40) FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD • • District is to permit the establishment of high density `residential uses •at a density not exceeding forty (4) dwelling units per acre. Connection to the Municipal Water and Sewer systems of the City of Meridian is ' required. ° 6. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, A, Residential, .lists residential: uses allowed in the various zoning districts of the City; that apartments are listed as conditional uses in the~High Density Residential- District (R-40). ' 7. By authority of the-City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a 96-unit . apartment complex on this parcel`of land. 8. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 9.. The development of the annexed land, if annexed, .shall meet and , comply with the Ordinances of the City of Meridian including, but not limited to: ;Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. ~, 10. The development of the property shall be subject to and controlled by `~ the,Zoning and Subdivision and Development Ordinance of the City of Meridian. "FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14 AND DECISION AND ORDER GRANTING APPLICATION° FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ,IN ROAD r ~i 11. Section I 1-2417 D of the Zoning and Development Ordinance provides in part as follows: °' If property is annexed and zoned, the City may require or permit, as a condition of the. zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the } Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The application for annexation and a zoning designation of High Density Residential District (R-40) of 6.15 acres located at the southwest corner of Locust Grove Road and Franklin Road is granted. 2. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.. (See the legal. description attached as Exhibit "A" and incorporated here as if set forth in full.) 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance-for the annexation and zoning designation. (R-40) High Density Residential Ordinance which shall not be finally approved by the City Council until provisions of part 2 of this .order.. have been met. FINDINGS OF FACT AND CONCLUSIONS OF LAW ~- Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.1 S ACRES FOR COBBLESTONE VILLAGE AT THE- SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ,IN ROAD ~ ~ NOTICE OF -FINAL ACTION. Please take notice that this is° a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or .denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held July 20, 1999. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN GLENN BENTLEY COUNCILMAN KEITH BIRD COUNCILMAN CHARLIE ROUNTREE f MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~~~~ '"~9 r4- VOTED VOTED VOTED VOTED VOTED FINDINGS OF FACT, AND CONCLUSIONS OF LAW -Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION~AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ,IN ROAD ~ ~ MOTION: • APPROVE ISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public R • ~Norlcs Department. . By• Dated: ~~20 - ~~ _ ~~~~,3~"fit-~}}}}},,}~,ll~ Fly ity Clerlc ti,~*'" G~~ qT `"- ~`y.,,/ w W msg/Z:\Work\M\Meridian 15360M\Cobblestone Village\AZFfCIs ~~~L :''mow, ©„~r i9'~ `. ~.~``.~. ICJ}}!}t}1t tii1t144441 4 A FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 17 a AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANIQ.IN. ROAD ~~ ~ ~ J-U-B ENGINEER ENGINEERS • SURVEYORS • PLANNE S ~~-u-B~ /~~ 250 S. Beechwood Avenue, Suite 201 Boise, 1D 83709-0944 208/376-7330 FAX: 208/323-9336 Project: 11488 Date: February 23, 1999 ' PARCEL DESCRIPTION FOR IONIC COPORATION MERIDIAN, IDAHO A parcel of land being a portion of the Northeast 1 /4 of the Northeast 1 /4 of Section 18, T.3N., R.1 E., Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a brass cap monumenting the northeast corner of said Section 18, said corner being the TRUE POINT OF BEGINNING, from which the North t/a corner of said Section 18 bears South 89°46'18" West 2,654.20 feet; ~ ' thence South 00°31'19" West 565.45 feet along the Easterly boundary of said Section 18 and'the center line of South Locust Grove Road;; thence leaving said section line and center line South 89°41'24" West 474.70 feet parallel. with and tying 48.5 feet northerly from the north line of that certain warranty deed recorded as Instrument No. 700676 in the ,records of Ada County, Idaho to a point on the" Easterly boundary of Medimont Subdivision No. 1 recorded in Book 75 of Plats at Page 7794 in the records of Ada County, Idaho: r thence'along the easterly boundary of said subdivision North 00° 58'43" East 378.88 feet an angle point in said easterly boundary tine; thence continuing along said easterly boundary line extended North 02° 14'38" West 187.40 feet to a point on the Northerly boundary of said Section 18; thence along said Northerly boundary North 89°46'18" East 480.70 feet to the TRUE POINT OF BEGINNING. Said parcel contains 6.16 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. R GVHi e ~Y tNEF,q/ APR, 9 9 j999 ~ GAS s ~ G :,~01AN PUGLIC WORKS DEPT, ~ G'~ O o a- J'>.ZZ3..9 a 4 4~.E O F ,gyp GAL:Ihc Gary A. Lee, P.E./L.S. Project Manager ~ - f:\projects\t ta88\Descriptions\Boundary.doc EXHIBIT "A" TO THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING Meridian City Council Meeting July 6, 1999 Page 17 12. PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 6.1.5 ACRES (FOR R-40 ZONING) FOR PROPOSED COBBLESTONE VILLAGE BY IONIC ENTERPRISES, INC.-SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: Corrie: I will open the public hearing and have staff's report first. Stiles: Mr. Mayor and Council, this is for the property located at the southwest corner of Franklin Road and Locust Grove Road. It has been known as the Monty McClure property. We have Medimont Subdivision being marketed as Stonebridge Subdivision, zoned light industrial. There are existing rural density homes located in R-1 zone that would be immediately adjacent to this property here. This is a rural transitional zone. This is the Tamura Berry property that they have zoned as commercial and light industrial. The right-of-way has been dedicated through at least to the railroad tracks. However no development has taken place at this time and of course the construction has not taken place. Five Mile Creek runs through the cor=ner of the property. Most of the creek would be included in the future right-of-way. This will be 96 foot wide right-of- way on Franklin Road. Also Locust Grove is another arterial that would be a five lane roadway at some point. I would like to state for the Council's information and for anybody testifying tonight. The issue is not whether this is subsidized housing. I would hope that there is no discussion at all of that issue. Any decision made by the Council needs to be made solely on the basis of whether this should be rezoned and annexed with a designation of R-40. The applicant has requested the R-40 because we only have the R-15 and the R-40. There's nothing in between and they're going slightly above the R-15 density. Although the conditional use permit application is being held at Planning and Zoning Commission until they get your decision on the annexation, I do have a transparency of a proposed site plan layout. It has been revised from what Planning and Zoning has seen, but if you feel that would aid in your decision as to whether this is appropriate for apartments, I can certainly present that, but again I would like to reiterate it is only to decide whether the R-40zoning is appropriate, and we can put conditions on it as part of that through a development agreement to limit the density to 20 and buffering requirements and those types of things, but that is why you're only seeing the annexation and zonirig at this time. Rountree: Shari you said that ACHD had had a 60 foot from centerline setback requirement. Didn't they change that to 48 feet or did they go back to 60? Stiles: They changed it to 48 feet from centerline. ~We went through probably three different scenarios for that. The first one they said they wanted 60 feet from the centerline to allow for a left turn lane. Then it was they wanted the 60 feet to include this drainage the Five Mile Creek natural creek. Then. the last correspondence we had from them it's going to be the five lane and they only need 48 feet from the centerline. That was their latest communication. Rountree: As well as on Locust Grove. Meridian City Council Meeting July 6, 1999 Page 18 Stiles: Yes. Rountree: Thank you. Corrie: any other questions of staff? Rountree: Not at this time. Corrie: Thank you Shari. This is a pubic hearing. Is there anyone who would tike to testify on this annexation and zoning request? Butler: Good evening Council members, JoAnn Butler, 607 N. 8th Street representing the applicant, Ionic Enterprises. With me here tonight I'm going to be speaking about this project especially the annexation and rezoning, and I've handed out a-little synopsis of your criteria on the annexation and rezoning and will try to just summarize that a little bit and try not to do it too much in verbatim. With me here tonight is Moe Therian, an appraiser who has published the Ada County Area Apartment Study and is going to speak to the Council briefly after my presentation on the state of apartments in Meridian and in Ada County. Mark Sanders is here, an architect and he is not going to address the Council directly unless you have specific questions because we are not focusing specifically on the site plan, although I will make reference to it, but he is here in case you have specific questions. Gary Lee, an engineer, whose firm produced a traffic study for us is also here tonight but won't be addressing the Council directly unless you have specific questions about traffic and transportation. Also with me tonight is Paul Stamas, Bryce Peterson, and Lisa Gould representing the applicant and they although they won't address you directly are here to answer any questions. As Ms. Stiles pointed out P & Z has made its recommendation in connection with annexation and zoning, and that's all we're here to do tonight. That CU application was tabled and we will ultimately be back before the Commission we hope. So we're briefly going to go over these criteria with you on annexation and zoning and of course we are respectfully asking that you approve that annexation and zoning because we think we do meet all those criteria. As Shari pointed out, the property owned Ionic Enterprises is zoned in Ada County as Rural Transitional, and Ada County Code provides that's more or less a holding zone that when it winds up being located in your area of impact, your urban services planning area, it's appropriate to annex that property and zone it so that when urban services can be provided. and urban densities can be achieved. Meridian in essence made the decision to annex this property and have it developed as a planned development. When it adopted its Comprehensive Plan when you place this area as part'of your area of impact and when you place this property as part of your urban services planning area, and so this annexation request honors the Meridian area of impact boundaries as designated on the boundary map. Looking at the annexation request, we do meet the following four tests of the city. One, you have received a recommendation from the Planning and Zoning Commission on annexation and zoning. You have followed your notice provisions as provided by your code. The owner of the property has requested annexation of you in writing and as I mentioned the property is presently located in the Meridian urban services planning area. It's contiguous to the city. Thus it is appropriate ~ ~ Meridian°City Council Meeting July 6, 1999 Page 19 for annexation at this time. With regard to zoning, the purpose of the R-40 zoning district that we requested and Ms. Stiles is exactly right the overall density of this project on 6'/z acres is 15.6 units per acre so we don't quite make the 15. The purpose of the R-40 district as described in your ordinance is to permit high density residential uses at a density not exceeding 40 dwelling units per acre and connection to municipal water and sewer systems as required. Services are available at site. The first criteria and the longest so bear-with me is will the new zoning be harmonious with and in accordance with your Comprehensive Plan? And yes it is. It does achieve your Comprehensive Plan goals. You encourage through your Comprehensive Plan future population growth within the area of impact'where municipal services and utilities are both available and planned for. Your policy is to improved unimproved land in this area to quote -from your Comprehensive Plan, maximize public investments, curtail urban sprawl and protect existing agricultural lands. You require that no new residential development be approved outside of that urban services planning area. You acknowledge in your Comprehensive Plan the challenge of providing services to your citizens requiring the expansion of both your economic base, creating new jobs and with that creating new residential opportunities. Your Comprehensive Plan states that housing is a dominant physical feature in Meridian and as the city grows, that housing demand is going to increase. The only way for you to develop the ideal community that you propose in your plan is to maintain and upgrade the quality of existing and new dwelling units at the same time providing that strong economic and commercial base. The location of this project does support your Comprehensive Plan-goals to encourage a wide diversity of housing types and choices between ownership and rental units for all income groups in a variety of locations throughout the city. It's your goal and of course I've cited these within the document that I've given you so that you have a good reference to your Comp Plan.. It's your goal to provide a sufficient choice of adequate housing in the community to meet the needs of all individuals whatever their socioeconomic background, their age and their ability or disability. As I said Mr. Therian will be up here in just a few minutes to~talk about the fact that at the present time there is a shortage of housing opportunities in Meridian in the apartment area. The city promotes the development of housing for all income groups and hopes that they are close to employment and shopping centers. I want to back up just for a minute. Although I really appreciate what Ms. Stiles has said to the Council here. The issue of who will rent apartments and what their income levels will be or are is not appropriate in considering whether or not to zone this property, but l do want to address it for the Council. I know it's a separate issue, but I certainly heard it at the Planning and Zoning Commission. So I want to address how this project may be financed. The developer of the project, they try to work with the Idaho Housing and Finance Association to get bond financing. They may not. These may be straight forward apartment complexes with a stucco interior with an extensive fitness center, with a pool, with a half basketball court, with tot lots and equipment and a fitness center. It will have those elements anyway, but if Idaho Housing Finance Association and this developer work to finance this through bond financing, all that means is that this developer will be able to get a slightly lower interest rate loan meaning that the debt Meridian City Council Meeting July 6, 1999 Page 20 service on that loan would be slightly lower and in return for that, they would have to provide a minimum of 20% of the units would have to be rented to people who are at 60% of the median income in the area. That's 20 units would have to be rented to people with median income - 60% of the median income. Those people are our kids. Those people that are just starting out that may have one child, maybe have two kids and they're just getting on their feet. Those are you and I unfortunately probably more than 20 years ago now for me, but these are the people that we are trying to provide for in Meridian. So-with that the applicant has presented to you a unified integrated development near major access thoroughfares as promoted by your~Comprehensive Plan. It fosters your policy for compatible land use and design including an extensive landscape treatment for the site to buffer surrounding uses. You Comprehensive Plan does call for the timely provision of adequate infrastructure including roads, sewer; water and drainage to allow this development, and the applicant will be extending services through this area and is keen to continue working both with you and Ada County Highway District and others to provide the infrastructure. In essence what this project helps the city do by extending services is help you continue providing services ever further out into your area of impact. This city has already made the determination by defining what its area of impact is going to be. You've already said that you are going to annex into that area and provide services into that area within a reasonable time. You won't get to the rest of that area of impact unless you start where this project is which is right next to the city where services are available so this helps the extension of services. The next criteria is whether the area is including in the zoning amendment. -whether the area included in the zoning amendment is intended to be rezoned in the future and. I think I've answered that by saying yes this is intended to be rezoned by the virtue of the fact that it's in the area of impact. The project is with the next criteria intended to be developed in accordance with the criteria proposed or set out in your ordinance and what I've done for you is just on a little table showing the standards that your ordinance requires and how the project would be built. With regard to you're going to see under the building, just to be clear on this, I've indicated how many bedrooms would be planned for the unit and you'll see a second column on proposed revisions. Something that we will bring up with the Planning and Zoning Commission when we hopefully get there is that we will probably if the Commission will let us redesign a little bit to allow for fewer one bedrooms and more two bedrooms and that's what that particular column is about. With regard to your criteria asking about whether or not there's been a change in the area that dictate the area should be rezoned. Well there has been a change and it's exemplified by the provisions of your Comprehensive Plan by defining this area as an area into which you are going to annex and defining it as a planned unit development area makes it appropriate for the city to rezone it into this area. The next criteria as stated in your plan, higher density residential development must be provided to meet the growing demands of the community. This project helps maintain the character in the general vicinity and it won't change the essential character of the area. You can ask me how much you want to get into overall site planning issue, but it does offer you the opportunity to provide a unified development of apartments in i • Meridian City Council Meeting July 6, 1999 Page 21 what we call a park like setting with extensive landscaping which sets an example for attractive, heavily landscaped, well signed, an innovative project for Meridian close to jobs and urban services. This is essence can help create an example for Meridian. I'm all too aware of the fact that Meridian like many communities in what was once rural Idaho has seen farm home housing section 8 housing, housing that is not necessarily given you the best example or others the best example to work off of, and that's exactly what we're trying to stop and trying to create a better example for Meridian. This use is not hazardous or disturbing to existing or future neighborhoods. This residential use again is next to jobs and services. We've had many discussions with residents in the are and with staff trying to find out what people want to see in terms of buffering between this residential area and the other residential areas. We're fully confident that the Planning and Zoning Commission is likely to give us several conditions of approval regarding increased setbacks. Some neighbors have asked us for example for a masonry wall along-the southern boundary. That's certainly something that the developer is willing to do and willing to work out the details of that with the Planning and Zoning Commission. You work hard to ensure compatibility in Meridian and that's why' in an instance like this you require us to go through that conditional use process or the public hearing process. I want to just again pick up on the fact because we heard it at the Planning and Zoning Commission. You are likely to hear that multifamily housing is incompatible with single family residential right next~door. Commentators and our courts have made it really clear that different types of housing cannot be viewed as incompatible with other housing. Our legislature in this past couple of years has made it really clear that a home is a home is a home. Whether it be manufactured- home, mobile homes, or multifamily home, we can't discriminate based on the type of housing it is. There can't be any real serious statement that implies that housing is incompatible with other housing, but it is true that this city has a right to consider design issues and to make sure that this project is conditioned in a way that ensures that compatibility and we fully expect to do that with the Planning and Zoning Commission and with you. Your next criteria and if the city had fewer criteria, it would take a little less time, but you do require that essential public facilities and services are available and we will continue to- work with you and the Ada County Highway District to ensure that this provision of services coordinated. Cost of services in connection with the project will be paid substantially by the developer. 'rou've received written testimony and verbal testimony from agencies and your departments including the Meridian School District that were asked to comment on the project and there have been no objections. So this project meets the next criteria.. It won't create excessive additional requirements at public cost for public facilities and it won't be detrimental to the economic welfare of the community. This really is a natural progression of the development of your area of impact, which you've identified for development. It's your intent to provide services and to help you provide those services. This project does not involve uses, activities or any other process or operation that will be detrimental to people in the vicinity, and we know that a number of conditions of approval will be attached to the project so that there's no possible detriment from say lighting in the area. With regard to traffic, you are likely to l! ~ Meridian,City Council,Meeting July'6, 1999 Page 22 hear tonight from people making presentations to the Council because we heard it at the Commission, that rezoning for apartments will create traffic chaos. For many even one more car is chaos, but there is no'factual"evidence to indicate that this project will be,detrimental from a traffic standpoint. The city's professional traffic engineer, ACRD, has:.determined that this project will not unduly burden the road system, and they provided you that information. In addition, although it's not required by Ada County Highway District, we have hired a traffic engineer to do a traffic study for our own comfort and for further comfort from the city. That study will be presented to the P & Z Commission when get there. That study demonstrates that the level of service at the intersection of Franklin and Locust Grove at the most heavily traveled time of day and the,p.m. peak hour is presently level of service C. The goal level that Ada County Highway District and the Ada Planning Association strive for. What this study shows is that the level of service`will remain at C after the development of the project. Not only ' does it show that, it will remain at level of service C even with the anticipated growth in this area, so this project is not going to impair the level of service that exists now and neither will much of the other -the rest of the development that's presently anticipated. With regard to road designs, Ada County Highway District is working and is continuing ~, to work I know with you, your Chairman Mr. MacCoy at the P & Z talked Fong about this with us and the various committee meetings that he's working on and I know there have been numerous presentations to Meridian with alternative road designs for this area trying to .push forward capitol improvement plan for Ada County. With regard to. 'vehicular approaches to the property, there are two intended accesses, one on Franklin one on Locust Grove. Site distances have been determined to be adequate from both locations by the traffic engineers. So there won't be any undue interference with existing or future traffic patterns. This will not result in the loss or damage of a natural scenic feature, and finally whether or. not -the project is in the best interest of the City of'Meridian. It's designed to be compatible with and further the goals of your ` Comprehensive Plan and those goals, objectives and policies of the Comprehensive Plan are there to promote the public health, safety and welfare and that's why you adopted it. You've identified what the city considers to be in the best interest of Meridian and this request for annexation supports those goals and objectives and makes it in the best interest of the public. It's an excellent example of this private property owner using the property in a manner that takes into account all of your,goals and objectives. So we believe with this that we meet all of your criteria for both annexation and zoning. We are respectfully asking you to;deliberate tonight and to approve our request so that we can go back to Planning .and Zoning Commission and review more thoroughly the conditional use permit so with that I'll stand for questions and then turn the podium-over the Mr. Therian. Corrie: Council, any questions? Rountree: Ms. Butler, could you explain to me the ownership of the property? Butler: Ionic Enterprises, who owns it I'm sorry? C~ Meridian City Council Meeting. July 6, 1999 Page 23 Rountree: Yes, who owns it. Butler: Our client the applicant, Ionic Enterprises. Rountree: Shari indicated that it was the Monty McClure property. Is there an economic interest there? Butler: It no longer. It was closed at the end of June. Rountree: Okay. Corrie: Further questions? Butler: Thank you. Therian: Mr. Mayor and Council, my name is Moe Therian. I'm a real estate appraiser.: My office is in Boise, and I've been asked by Ms. Butler to talk about the demand for apartments in Meridian and its area of impact and I'll restrict my testimony just to the demand segment rather than identify which particular sites in your community are best suited for apartments. I would leave that up to you. As some background for myself, as a .real estate appraiser I've been practicing appraisal for over 20 years in Boise and Ada County. My primary areas of expertise are Ada and Canyon Counties. My specialty is apartment appraisal. I have appraised over 200 apartment complexes in the last ten years. I also complete numerous demand studies for different clients and government agencies as well as private developers and lending institutions regarding demand for apartments in different cities primarily in southern Idaho. Finally we've been surveying through a subsidiary company I have called Ada Real Estate Surveys the entire Ada County apartment market, every complex over 16 units each quarter for the last 13 years, so that background just to give you an idea, I feel like I have a position to speak on apartment demand in Ada County and in particular Meridian and its area of impact. We found through all the studies and all the appraisals that I do that for strong growth communities, there is a demand for apartments and through a series of studies that we've completed over the years, that demand typically is 15 to 20% of the total housing stock for multifamily residential rentals. In reviewing Meridian's pace of construction for multifamily,. it's obvious that you've been lagging significantly in the construction of new multifamily during the past five to six years at least. That has created a fairly substantial demand for additional multifamily in Meridian. Ada County overall has a demand for about six to eight hundred units a year in the 1990's. Meridian with its growth both in population and employment probably has anywhere from 20-40% of that depending on .the year that the growth study is undertaken, so that would indicate that 200 units at minimum per year in Meridian and its area of impact is needed, and it could approach 300. That situation will actually become even more acute, meaning vacancies will decline and the demand for multifamily will increase with all the growth that's going to happen in the next two years in the Meridian area. We look at the St. Luke's medical campus, Jabil, Family Center shopping center and all the other employers and population, there is a demand for more apartments. Now that being said I always like to step back and say~well; how is the market? Is it full? And so in our last survey in the ' • Meridian City Council Meeting July 6, 1999 Page 24 Meridian area counting the apartment complexes, vacancy was less than four percent. That is on a declining trend, meaning it's going to go below four percent near term, and if we look at the absorption of new apartments, the last real significant project in Meridian City was Aspen Hills in 1996. It absorbed in 90 days, 120 units. The closest project absorbing right now in the Meridian area is really actually in the Boise area. It's the Renaissance Apartments near Hewlett Packard. It's 288 units, it's a huge project.., The last two months they've absorbed almost 80 units leased up. The demand is good. Now this being said three years ago, I could have came up here and said we've got enough apartments in Ada County because we built a lot of them in the early 90's, but that situation is reversed. New construction starts are way down; and the demand for apartments is continuing. So that's really alt I had to say. If you have any questions, I can answer that. Rountree: Two things,` and I don't speak real estatekand apartments, but you talk about these complexes absorbing in 90 days. Does that mean they're being occupied at a certain percent? Therian: Yes, correct. They fill up to about 95% occupancy, so the 120 units, they leased 110 units in 90 days and Renaissance leased 80 units in the two months. Rountree: And you mentioned a four percent vacancy, give me a point of reference. Is that good, is that what the market strives for? Is that on the other side of good? Therian: That is on the strong side of good indicating there is a demand for more apartments. The balance market is five to six to seven percent. A soft market would be ten to twelve percent vacancy. With you at four and on a declining trend, it suggests that~the growth in Meridian both population and employment, you need new apartments. This probably won't be the only project that you hear and I'll bet in the next six months there's three or four more coming in for the same thing, but these developers are recognizing a need, and trying to meet that need within the next year. Rountree: Thank you. Corrie: I think this is going to be a long one, so I would like to ask if you would just limit your comments to three minutes and no more than five. If it gets to five minutes, I'll tell you and we'll kind of cut you do~.un here. Anybody else would like to testify in favor of this zoning? Fish: My name is Lance Fish, and my address is 4232 Adam Street, Boise. I'm here iri favor of this. I happen to reside in a project which Mr. Peterson was involved in which is a single family residential neighborhood and has apartments. They've worked out very well for us. It's called Lakewood in Boise, and we even share some services. Those of us in single family we've used their facilities, their pools, recreation facilities so I think that it has not been a detriment. If anything it's helped maintain the value of our properties. So that's all I'll say. I won't reiterate anything anybody else has said here. Corrie: Any questions? Thank you. Anyone else like to testify in favor? Those opposed? • Meridian City Council Meeting July 6, 1999 Page 25 Witherell: My name is Jim Witherell, 215 S. Locust Grove, Meridian. I'd like to briefly x address institutional memory. Those of you who have been on the Council for a long time know that we've been coming in here to testify for a long time and I want Bob and Charlie to know this is the first developer I almost like. Rountree: That will be a first Jim. Thank you. Witherell: I even accepted a cookie. It is a brilliantly designed complex. There's no denying that. It will increase traffic, yes. It's 200 cars. They're all-going to leave and come back the .same time of day when I'm trying to leave. The landscaping is superb. But it's entirely too°cense and that's why Planning and Zoning turned it down. Forget i how much it's going to bring sewers around the corner. A dog kennel can do that. Now the critical part tome is that Bryce said when his daughter and'son-in-law bought this if this wasn't approved, they're going to apply for something else, and I would rather wait and see what the something else is. But I would like to point out too three things that come up from ancient history which I assume are still there. This was at one time going to be (inaudible) Aspen Grove, high density R-15. In those findings of Fact it came out that -well in the testimony and in the documentation it came out the Five Mile Creek was listed as a federal wetland. I don't know where the documents went, but they're going to be some place in your files. The owners might not want to bury through them, but I think the applicant should look into this. Five Mile Creek is also part of the Luck Peak Flood. Evacuation Plan for the Corps. Of Engineers and it maybe prohibitions because that's suppose to be under water if the worst went wrong. That was also presented. Comprehensive Plan-they left out one point ofthat is that is Shari very specifically said that the Comprehensive Plan required that next to R-1 houses, one house per acre, it had to go with transition. It had to go to no more than R-3, then from R-3 to R-6 and so on. Or I think there's probably a little pull there for an extensive transition which is not just a masonry fence. Let me explain the masonry fence. fn one of our meetings it was asked - my neighbor, Mr. Roberson what he would like. Well the first thing that came to mind was a masonry fence. That's what we have been fighting for with the industrial park. behind us. Well yes the masonry fence is fine if it's got 50 feet of landscaping in front of it.: But it keeps being thrown back at him now that all you asked for was a masonry fence. That's all we plan to give you and there's got to be something more than that. The ~~nly time you can get away with the thing, you didn't ask for it. (Inaudible) and that's basically all I've got to say. I think the rest of the neighbors will probably address the other issues. Oh, I do have two questions on that traffic count. How many days was it I was it out there. One day,it was counters and one day was little clickers which is not a random sample make two days out of 365 and I didn't see any school buses in it. It's in the middle of the summer. Is it an accurate sample for year round and it doesn't'really matter anyway because ACRD specifically said in Planning and Zoning, the rain will not follow the plow. They have no improvements planned for either of those roads. Yes, they're talking about five lanes, but they're not applying the real estate for it. It's way down'the road, so whatever you l . • Meridian City Council Meeting July6, 1999 Page 26 approve or`don't approve what you see now is what you're going to get with more.. buildings on it. Thank you. Rountree: Jim, you indicated there was some discussion about a buffer and - ` Witherell: It only got as far as the fence. Rountree: A fence was mentioned and then you talked about some dimensions - Witherell: All that was mentioned was the fence on the property line. Rountree: In your mind what would be a reasonable buffer? Witherell: AA masonry fence probably will be needed, because of all the motor noise. Now I've got a two story house so it's -going to get to me anyway. But for the Roberson's who are the closest to it, there should be some sort of masonry fence. My. ideal, I don't like tall masonry fences. I would go for a four foot masonry fence with a berm. That will also cut down with landscaping of some sort on Roberson's side of the fence. Now on both sides of the fence, but on that side especially so they have something .more than the Berlin Wall to look at. Now another issue on the landscaping is between this development and the industrial park, they're extending that Berlin Wall along the back so it's going to be fenced on two sides. Masonry is nice, it keeps down. the sound. But we're going to start looking like Ogden,°-Utah. Rountree: We don't want that. Witherell: Or even worse, what's the example of somebody on Council hates, Phoenix? Some town in Arizona. Corrie: Thank you Jim. Anyone else opposed? Smith: My name is Robert R. Smith. I live at 335 S. Locust Grove (End of Tape) and Locust Grove Road is only two lane old country road right now for access, and we were informed thatahis facility-will have a major access on Locust Grove Road to get off of the premises for this unit. There is some discrepancy because the Ada County Assessor says that that's 5.527 acres rather than 6 '/2 acres..,, So there density is way over what the Ada County Assessor says that the property is. The Planning and Zoning emphatically denied this, and we went through quite a process to get this denied. I really highly oppose this becausz I have nightmares of another Hope Arms and a James Court in my front yard. Days of retirement turn into horror when I look at what's going to happen on that corner. I think that property would be much more adequate as a professional center or something. of that nature to where there wouldn't be that kind of traffic that's going to try and flow at a major intersection in the near future. According to Ada County Highway District, I attended a meeting of Locust~Grove at Linder Elementary on May 27th which you have probably in your folder all this information, but I also have a letter that-was sent to me about Ada County Highway District by a Dale V. (inaudible) I guess who is a design engineer and he says there is no plans for a long range improvement for the year 2000 to 2020 of Locust Grove. Road and it will be last ~ piece of Locust Grove-that will ever be enlarged because of the cost of putting the • ~! Meridian City Council Meeting July 6, 1999 Page 27 overpass over the freeway ,and I discussed this at length with him because there was some emphatic information about the impact fees that would go for this project and make this road widened. He informed me that just the impact fees alone will only make the width of the improvement on the property that these developers have. It doesn't have anything more to do with the size of the road. We as taxpayers have to put up that money. The improvements right now are for Locust Grove from Fairview to Ustick first, and they said that they would take those to Chinden and then Franklin and Overland would be the next two roads widened before that piece of Locust Grove so we're looking at probably a long term of piece of road that's going to be probably densely populated' because that 80 acres that's just south of our property is going to develop to homes and I have a real fear that Meridian really doesn't need this kind of housing. We can put in a lot more beautiful subdivision than we can this kind of thing. Three story units really (inaudible) up the landscape in my own-estimation. But here's the letter that was sent to me. There is more testimony and I'll sit down now at this time; but if you have any questions. Corrie: Questions of Bob? Bird: 1 have none. Rountree: None. Corrie: Thank you, Bob. Anyone else? :; Plant: My name is Morgan Plant. I live at 300 S. Locust Grove. I think Mr. Smith has quite. adequately discussed the traffic issue there, but.l would invite each of you to go out and see what the traffic is right now for an extended period of time to see what problems we have. There's not that much problem turning back to the east.. But to turn back to .the west towards the good old City of Meridian is virtually impossible most any time of the day, and I don't know or really care what their designation zone C traffic is. We can't get out of that intersection right now. I'd also like to point out that this is the wrong- project in the wrong place. We do not need three story apartment buildings next' to a commercial development, Stonebridge, and we also know that Franklin Road is going to be widened down the road in the future for future commercial developments. This project simply does not fit. We have five acres just south of that and we look- , forward to turning that over sor~ie day to a respectable development preferably , commercial office buildings, commercial manufacturing, light manufacturing, and A probably my last comment is whatever you people do here tonight in approving or disapproving this zone change, the people right°across to the east on Locust Grove Road is going to be in here if you approve :this project, they're going to be in here because they have about 18 acres in there that they're just waiting to see'what you people do. This is°tle wrong project in the wrong place at the wrong time. Any questions? Thank you. Roberson: My name is Archie Roberson, I live at 185 S. Locust Grove Road adjacent to this proposed development. I would like to refer to the article in July 4t" Statesman. It's a prime example of what we are facing regarding the growth in this area. It talks about 3 • • Meridian City Council Meeting July 6, 1999 Page 28 funds for schools, roads, services, etc. Because of the high density developments in Ada and Canyon Counties. The project we are discussing here is exactly the kind of development that's causing these problems. Of course the obvious solution to the problem according to the developers is the taxpayer to raise taxes again. As a tax paying property owner; I think another solution is to encourage projects that broaden the tax base rather than undermine it. The inhabitance of this complex would put more load on an overloaded system and they do nothing to support that system. I have a question about the traffic survey that was mentioned here before. That survey was done just prior to the long weekend and I submit that it may not be valid due to the fact that school is not in session. There's 180 buses going in and out of that bus barn when school is in session. There's 180 bus drivers that have got to get to those buses and there's untold numbers of teachers and students that would be using Franklin Road when school is operating. The other thing I thought maybe Shari-mentioned Five Mile Creek there going through there that's involved in this property. I have°a letter and I'"believe Shari has one, maybe you have it too from the Idaho Department of Water Resources and that Five Mile Creek is a flood way. Now part of this property is in a flood plain. The man that gave this to me is Gene Gibson of the Department of Water Resources, and he tells me this letter says that the applicant has to get a permit from them and also from the Corps. Of Engineers to build next to-this creek and the example he gave me '` this morning was when Franklin Road is widened that creek has to be moved, and it will have to be moved south and so it looks like there may not be as many acres there to build on when that happens as we've been told here because according to him that stream will prevail. It has to remain there. That's all I have. Corrie: Thank you Archie. McMillan: I'm Reece McMillan, 870 S. Locust Grove. My main concern right now is they didn't want to bring up the traffic issue, but we're looking down the road at Jabil Corporation is building a manufacturing plant there. They will have up to 400 employees right off the bat. They are putting a road from their manufacturing plant on to Locust Grove just past my driveway, which could mean up to 400 more cars a day could go up and down that road. They're going to put in rumor has it 240 houses on that 80 acres sitting right just across the road from that. There's another additional bunch of cars on that road. Anc` if they put their driveway coming out on Locust Grove, all this traffic coming together, there's going to be one heck of a big wreck down there, and I would suggest that Mayor Corrie go back to Washington D.C. and try to get the money to put that freeway here. 1 suggest you table this thing until he gets his money. That's all I got to say. Corrie: Thank you. I don't know how successful I'm going to be on that one. Hanson: Ted Hanson, 1882 Bentley Avenue, Meridian. Mr. Mayor and City Councilman, in regards to several of these issues that have been spoken about what I'm curious about is they have compared these apartments to other projects they have built, but we haven't talked about square footage. Now there was a comment earlier ~? 1+ Meridian City Council Meeting July 6, 1999 Page 29 that they had increased them from one bedroom to two bedroom apartments. As far as the discussion with the Corps of Engineers, I talked to them quite a while ago about this, and they have not been contacted in regards to this particular project and the traffic pattern for-this Jabil is not 4D0 cars. Their project is; it was in the newspaper, was 1500 employees up to 2000 employees, so I presume we're talking about several shifts involved there. But what I can'f understand is in the Planning and Zoning the testimony there was that Jabil does not have a right of wayYto take their road down to Stratford iri front of the State Police Headquarters. So this is going to be really something. I mean .they brought 1' presume it's a sewer line out to S. Locust Grove at the present time, but right-of-way to that property of~Jabil is a very narrow deal It will be a two lane deal. They propose to have two soccer fields down there so that will impact that on the weekends as far as traffic getting in'and out of there. It just doesn't look compatible for our area to continue to increase our traffic and whereas we all have acre properties in' there. This completely changes the context of the whole thing. Thank you. ` Presley: I'm Gene Presley from 255 S. Locust Grove Road. I've resided in this are for about,30 years, and the road is very small and I don't think we need this type of -this latitude of a development there in my opinion. Right now, if you take a walk, you have to take a walk between 8:00 and 10:00 or 5:00 and 7:00. I mean you don't take a walk then is what I'm trying to say, and that's about it. Everything I think has been covered except I'd like to say quote a phrase that Mr. Bentley made a while ago with a stop sign and a small road... This is an accident looking fora place to happen. Thank you. Roberson: My name is Ernie Roberson and I live at 185 S. Locust Grove Road. Our property is right next to the property that Mr. Peterson wants to develop. As you-.know Planning .and Zoning turned this project down, but Planning and Zoning said this. project violates the city's Comprehensive Plan which states Meridian will continue to develop into the ideal community only by maintaining and upgrading the quality of existing and new dwelling units.. So I'm not sure how this project speaks to that. Under section 1.19, high density development where possible should. be located near open space corridors or other permanent major open space and park facilities and near major access thoroughfares. As far as we can see this project does none of those thirigs. This is a light industrial, there is light industrial to the west, commercial on the north, but to the. south and east it is all single far7rily residential on one to five acres. JoAnn Butler may; say it's compatible, but we don't feel it's compatible because we are right next to it and .it's difficult to talk about the zoning and not talk about the project that they're putting, the building that they're putting on there when we know thaf we're going to be faced with 2 '/2 or three story apartment houses right next to our property. It's not real pleasant to ;think about. Mr. Peterson said that it's not low income housing, but JoAnn Butler said at the last meeting and I quote, "The Idaho Housing and Finance Association does ,provide tax credits and bonding availability whereby the state sells bonds and can provide developers with lower interest rate loans, whereby they can charge lesser rents to pay, off those loans thus helping people in the rents and making it easier for people to afford housing." That's the end of her quote. Sounds kind of tike tow income to me. The • Meridian City Council Meeting July 6, 1999 Page 30 other-thing Mr. Peterson says that people with moderate incomes will need comfortable housing in this neighborhood and lie is planning to provide it. Why does he think we need that in this neighborhood? Where does he think all`those people will be employed? Are they all going to work for Jabil? I don't think that Mr. Petersoh is doing Meridian any favor with this project. I have just a couple of other comments, kind of long- ones. I talked to Jim Carberry today at the School District, and he said that the School District did not comment on this project. They made no "yes we approve the project, or no we do not." He says their main concern is the traffic congestion there where their buses come out. That is a big problem when you got 180 buses. I think, maybe in your folders, you probably have heard all this if you read all the stuff that's in the minutes from Planning and Zoning, but I just wanted to also clarify something thaf° Mr. Peterson thought our petition where we gathered over 200 signatures, he said that was kind of a joke to him. We should all get a .laugh out of that, because he indicated that those signatures were not from people who live within 300 feet of this project. But you know we did not ever~imply that they were people who lived within 300 feet of this low income project. Signatures were obtained from people who are impacted by the traffic on Franklin and- Locust Grove roads, and you know out of all those people we probably had four that turned us down for one reason or the other because they knew someone, but everyone else was absolutely against it, and I want to comment on what Mr. Smith said. I did call the County Assessor's office today, and I have copies here of the descriptions of the property that either Mr. McClure, I,guess Monty McClure does not own it now, so Mr. Peterson does, but it's definite that this land has two parcels. of land and it has a totalaof 5.52 acres, not the 6.15 that Mr. Peterson .has quoted. Also Mr. Peterson said the management will be done by the Idaho Housing Finance and Services Association. I don't know if he's got the name wrong, but if he means the Idaho Housing and Finance Association, if so they do nof'manage property because I also talked to them- today. I think in talking about the traffic as you know the traffic on Franklin Road right now is awful and it's frightful and of course it will increase after Jabil is built and they also are going to have soccer fields down there. You have Harbor ` Freight is on Nola which feeds into Franklin and occasionally traffic from 1-84 gets diverted to Franklin. The fire department will soon be located on Franklin Road and then you add 96 plus cars from this project and you have a real .nightmare. I guess - one other thing I want to say here. I thought this - I'm going to quote Keith Peterson, planning and zoning, I just thought this kind of told the whole story. He said, you can see all of Franklin developing and changing and the rural lifestyle in that area is changing forever, but these people have lived there for 30 years and if we are going to go in and be approving projects that are different zonings and things, then we should be doing what our Comprehensive Plan says and our zoning ordinances say and provide adequate development. That's the end of his quote. I agree with that wholeheartedly.... think that kind of tells the story. s Corrie: Any questions from Council? Anyone else issue testimony against the, zoning? ~: a Meridian City Council Meeting July 6, 1999 Page 31 Smith: I'm Jeri Smith at 335 S. Locust Grove, Meridian, I would like to comment on the fact which Mrs. Roberson touched on, but with the new fire station and the emergency ambulances that either come off the interstate and I have met them several times on Franklin Road and you get in the area of Locust Grove you'll be in the ditch to try to pull off the road, and the traffic is backed up, if you want to turn on Locust Grove Road and go south and you're going west there is no place that anyone can get off of that road especially when you meet -when you're- putting fire and the ambulance there, there's no place to go and if this is going to go on for a long time and it's going to increase that much iri traffic. I don't think that this is feasible at this time. Thank you. Corrie: Is there anyone else? Butler: Thank you Mayor Corrie, members of the Council, JoAnn Butler again 607 N. 8t" Street. This decision like maybe all decisions for the Council is going to be hard because we're hearing from people that have lived in the area for 30 years, 20 years, for a long period of time. They've been Ada County residents from a time at which Meridian was very, very small and the concept of Meridian being the size that it is today or the'concept that your area of impact would be the size that it is today was beyond probably anybody's comprehension. But back in '92 and '93 when you developed your Comprehensive Plan and I sat in on many of those meetings for the city, you-went through a long period of time and a lot of public hearings where you tried to create that vision for the city. That city is clearly a lot different than itAwas 30 years ago and so making these decisions- are not easy, but having been involved in the Comprehensive Plan, which I encourage all the present residents` and the Ada County residents many of whom spoke to you tonight to get involved in that process. as I believe the „Council and the city will be involved in it in the not too distant future. So it's a difficult decision, but' it's not an unexpected decision because these issues came up in the last ten years as you put together your Comprehensive Plan as you negotiated your area of impact and it just indicates just as we planned for that things are changing. and we need to accommodate that. I'm going to address a couple of the issues and forgive me if there are a little disjointed here. I don't want to get too involved in the site planning issues. I know that that would have to come before the P & Z, but of course with regard to buffers, this will be brought up with the P & Z. This is.not just an issue of a masonry fence. Although I'm not presen;:ing it to you here tonight, we have done some renderings that we would hope to present to the P & Z which shows more of the buffering that people have mentioned to us with the hopes that P & Z and the neighbors will work with us to provide what they consider to be adequate buffering. This is not a Hope Arms or a James Court. I know that your commission is going to be looking at how this is constructed in great detail. That's all I really can-say about that, except to say this project is the right project and is in the right place. It's near commercial, it's near job centers and a major thoroughfare. Somebody read to you the very policies in your manual that provide this to be the right place at the right time. The fact is that this city has been. actively pursuing a broader tax base. You've brought in commercial, you've brought in industrial- because teri'.years ago, five years ago you saw that you • • Meridian City Council Meeting July 6, 1999 Page 32 were doing mostly housing and very little of the expansion of the tax base. But you can't increase the tax base in the city without also providing housing for your residents unless you. want to produce sprawl in the area. This project allows the city to trap trips in•the immediate vicinity helping you to reduce car trips, because you are going to have major employment centers in the area. Likewise somebody provided the goal that talk's about being near open space. This project provides over 40% open space. What you're getting with a project like this is a provision of private parks, parks that can serve these people without having the expenditures of public funds. With regard to_roads and traffic, Larry Sale-from Ada County Highway District, made a great presentation or a long presentation at the P & Z trying to explain how roads were funded in Ada County and the use of impact fees. He did this for the commissioners explaining that because of our limited ways to produce funds for municipalities, we're very much reliant upon impact fees and without the development the impact fees are not produced to improve the roads in the area, and remember as I said before this project will keep the traffic at level of service C. The counts that were taken for the traffic study were not taken just before the long weekend, but on a Tuesday and a Wednesday of the week and we hope. that you give appropriate to'your traffic engineers at ACHD and the professional traffic-- engineers that have provided you with facts to indicate that this will not produce lower than level of service.C on the roads. With regard to something other than residential zoning, the traffic study that we will present to the P & Z which is a conditional use issue indicates that uses other than residential will actually produce more traffic in this area than the residential. Just so that the Council is aware, the management of the project will be done by Neighborhood Housing Services. Neighborhood Housing Services is the premier not for profit corporation in this state that has managed many projects like this. They have won awards throughout the state and federal awards for their i management abilities. There have been several articles that some of you may have seen in the Statesman at time, so with that I would just like to say we understand that the Council has in essence a difficult decision in terms of acknowledging the fact that e the city has changed, but that you planned for it :and this project meets or fits' with those plans and we hope that we-can prove to you through the conditional use project that a project .that will be developed that the city can be proud of. If there are no questions? Bentley: JoAnn, there's been evidently some discrepancy in the amount of acreage available. . Butler: I can only tell you that it's 6.15 acres according to the survey that was done. Am ' I correct? Bentley: And also have you contacted Bureau Rec. concerning the flood plain and the wetlands issue? Butler: The Army Corps of Engineers? I cannot speak to all the conversations that have been had, but know that it will be a condition of approval of the conditional use that all requirements of state and federal agencies will have to be met and so if it hasn't been done, and it's just that I don't know that, it certainly will be done. Meridian City Council Meeting July 6, 1999 Page 33 Bentley: Okay, thank you. Corrie: JoAnn, there's an Ada County Highway District report to us April the 7t" it said that this development is estimated to generate 634 additional vehicle trips per day. Do have that report as well? Butler: I do. I don't have it in my hands. Corrie: Okay, I just wanted to know' if you. had seen that. Any questions? Council, any questions at this point? Anderson: INe heard a lot of testimony about the state of the roads and the traffic-and we understand that there was a traffic survey done by a consulting firm. Could we maybe hear a summary result of that survey? Lee: Good evening, my-name is Gary Lee with JUB Engineers 250 S. Beechwood in Boise. As stated by JoAnn Butler, the developer of this project Cobblestone Village. had requested JUB to conduct a traffic study. As most of you probably know I'm not a traffic engineer. This study was prepared by one of. my colleagues, Jerald Flats (sic) who is a professional traffic engineer. Unfortunately he unable to attend this evening due to prior commitments, but I will attempt to give you a summary of what his report said. The site was evaluated for the amount of traffic on Franklin. Road and.Locust Grove Road. The counters were set out between June 29t" and July 1St of this year. The average daily count on Franklin was 11,060 vehicles per day and the average daily traffic on Locust f Grove was 1,075 vehicles per day. These numbers were compared to data that was provided to Mr. Flats from Ada Planning Association, and they were within 2 or 300 vehicles per day of being the same amount on Franklin Road, so Mr. Flats felt the data that he collected in that short period of time was fairly representative of the actual counts. Through specific highway manual procedures, the level of service is determined -and the amount of traffic movements calculated for that intersection of Locust Grove`and Franklin Road. The existing morning peak hour on Locust Grove resulted today with a level of service B and showed an average wait time of about nine seconds per vehicle: The p.m. traffic which was higher use was identified as level service C with an average wait time of about ten and a half seconds. The future level of service, now the amount of traffic that Mr. Flats included in the study was that generated by Cobblestone Village and a six and a quarter percent increase in traffic as identified by Ada Planning Association and through those numbers and the increase the morning peak-hour was level service C, with about 13 '/Z second wait time. The afternoon was level of service C as well with about 17 second wait time. In his summary page, I'll just' quote this verbatim here. One of the items identified in the recommendations was basically the highway capacity manual is stating that under these conditions, the delay is not excessive and a separate left turn Vane on Franklin Road will not improve the a conditions dramatically and the reason for that is the amount of traffic traveling eastbound on Franklin as you're `making that maneuver. You still have to wait for the traffic whether you're in the turn lane or not. The second remark, the traffic volumes at this intersection would not most likely-meet the warrants for the installation of a traffic , • Meridian City Council Meeting July 6, 1999 Page 34 signal. The major road carries enough traffic but the minor road, which is Locust Grove, must have over 150 vehicles per hour for~an 8 hour period. So at this time the-minor street volumes do not appear to be heavy enough to warrant a signal. He did compare land use .using a general light industrial use similar to the Stonebridge project next door. And the traffic generated there was actually a slightly higher rate than 'a residential development shows. The only difference is you have a reverse in your a.m. and p.m. peak travel movements. In other words in the morning your traffic is coming to industrial instead of leaving and vice versa in the afternoon. I'd be glad to answer any questions at this point. Corrie: Mr. Rountree. Rountree: Gary, you may have stated it, but I didn't pick up on it. What was the length of time from. current to projected level of service? Leer The wait time? Rountree: No, what was the period of time five years, ten years, twenty years projection? Lee: It was actually it was 2001. So it's two years-what we anticipated was full occupancy of Cobblestone in about two years. Corrie: Gary, I know you're not a traffic engineer, but what is your estimate or have you even talked to this Gerald about if when they straighten out Locust Grove which will come in there. Right now there's no street there. When they come out, do you have any idea how much that will generate with the C-G zoning? Lee: I really don't have a - Corrie: I understand. Lee: It wouldn't be on the scope of what he studied. Corrie: Other questions of Gary? Rountree: Mr. Mayor I have a question for Gary. Just for the record, sewer and water{ sufficient to accommodate? Smith: Yes. ' Rountree: Okay. Corrie: Any other questions at this point? Okay, I'll entertain a motion to close the public hearing. Bird: Mr. Mayor I move we close the public hearing. Bentley: Second... Corrie: Motion made and second to close the public hearing. All in favor? MOTION-CARRIED: ALL AYES. Meridian City Council Meeting July 6, 1999 Page 35 Corrie: Comments, decisions? Bentley: Mr. Mayor I'm going to -state that I don't feel this project belongs here. I think the density is too great, and everybody has spoken about the traffic issues. We know what they are. I disagree with the thought that this is going to help the situation there,. because it will generate less trips. There's no stores or shopping centers close by here to where we can see people walking instead of driving and right now I wouldn't want to try to walk across Franklin Road. I'm going to - my vote will be to support denial. Rountree: Mr. Mayor, {can sympathize with the position of the residents living in a rural environment and watching it go by the wayside day by day. However my position on this particular project is that it has the makings of a good project. I personally feel that it probably is the right place for high density residential. I believe it can buffer what residential that remains in an R-1 form or an R-2. You're going to have industrial complex,- a commercial complex that this type of housing can accommodate, work with. We hear continually that one of the fundamental problems with our transportation system is that urban sprawl and everybody has got to live on their own acre. This is a situation where you can concentrate traffic; though we do not -have public transportation at this point in time. These kinds of projects lend themselves to getting that. They can serve a -lot people conveniently and a lot of people utilize these kinds of projects. It is in an area that we have identified in our Comp Plan as a mixed use. That could. be anything. We've seen all kinds of things, so someone said. well maybe we would like to see what the next application brings. You may not particularly like that one either, but"I guess I have a feeling that I'm comfortable with the annexation and zoning at this level. I'm not a bit comfortable with the recommendation Planning and Zoning gave us,rand I, would hate to have to defend that recommendation if I were them. Anderson: 1-guess I have mixed emotions about this project and. I agree with partially with what Councilman Rountree and partially with Councilman Bentley has to say. I think this is a good project and could be a good ,.buffer, but I think it's a project that's probably just a few years ahead of its time. In light of the traffic situation., roads not being- able to handle it. No stoplights at Locust Grove, so I guess my tendency at this point is I think~it's a good project, but I would vote against it at this point just because I '' think it's a little bit ahead of the jnfrastructure being there. Bird: I might as well make it two and two. I agree with Charlie. I~feel for the residents out there, but I think it's something that is going to happen. Everybody is worrying about Jabil dumping out there, but I got a letter right here from Larry Sale :that he misstated himself in the public hearing, and there will be - Jabil will not dump on to Locust Grove until the ground to the east of it is done, developed, so that takes care of that part of dumping "x" amount of cars there. It probably isn't the best development out there, but I think it's better than a lot that could be proposed for being there. So I would be in favor of it. , Corrie: Well you're going to have to vote I guess and I'm going to make a decision. I can~~see the possibilities of both the traffic and everything else and the density is good -e ~ I+ Meridian City Council Meeting July 6,.'1999 Page 36 y,s ., taking. away the fact that we might have not doing this would cause a little bit more urban sprawl. We've got some areas down there that's going to have some people that is going to have' to live close to there working there I think. I hope that Ada County Highway District follows through on some of the things-that they've told us that they will probably have to do rather quickly rather than later. I would probably have to say that based upon what we're doing here tonight is to request annexation and zoning. I think it's okay. There's some problems that I think the developer needs #o make sure they've got their ducks in a row, because one of the things is flood plain. We're not here to approve or disapprove°any kind of construction. We have an idea what is going to'be down there, but.,that's going to come at a later`date. ~Thei-e's going to.be a lot of questions~asked. So if the vote goes two and two, I will vote for~the annexation..and zoning at this point. ~ ~ s a i Rountree: Mr. Mayor I would like to make one point too and there were some allegation or some allusions. that the City Council would be discriminating against residents and residential pipes, and 1 guess I want on the record that I for one wouldn't support that and can't support. We need to accommodate all the people that want to reside in Meridian, so I want that, at least my position, stated. Having said that Mr:Mayor, I would move that we direct the City Attorney to prepare Findings of Fact and Conclusions of Law, Decision and Order and a draft annexation ordinance that would annex and zone this property as requested by the applicant. Bird: I would second it. r Corrie: Motion is made and seconded that we have the City Attorney draw up the Findings of Fact and Conclusions of Law for annexation and zoning of this property with the R-40 zone.,. Is there any further discussion? ROLL CALL VOTE: ANDERSON, NAY. BENTLEY, NAY. BIRD, YEA. ROUNTREE, YEA. Come: You're going to do it to me after all, aren't you? 1 agree with Charlie. It's a very delicate program here. We've got to be very careful in what .we're doing'' so I'm going to vote yes and break the tie. MOTION CARRIED: 2 NAYS, '? YEAS. TIE BREAKER, YEA. Rountree: Mr. Mayor I guess again for the record, really we haven't made a decision on this. It depends on the Findings of Fact and conditions that are stated. , TEN MINUTE BREAK Corrie: Okay, I'll call the meeting back to order. We'll try to go through: as many of these public hearings until about 1.0:20 and see where we are and then we'll probably have to put them off. The others will be the first on the agenda the 20th of July. We've got some other things we have to take care of this evening as well. 13. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A GROUP DAYCARE OF 6-12 CHILDREN BY VOANNA C. WARD D/B/A VO'S Meridian Plannin~d Zoning Commission Meeting • June 8, 1999 Page 6 Smith: In the title block the only date I have is 2/10/99 and I have 2 of those and- then one thaf does not have a date. Stiles: It's the one without a date. Smith: That's the latest one? So this plan along the west and south boundaries ..these buildings now meet the set-back requirements? Because before they didn't. We have a 15 and 20 foot set-back requirement depending on which property line your on..which property line. Stiles: The architect was relying on the set-back requirements for an R-40 without giving consideration for the adjacent rural residential use. R-40, if it were granted has an interior site set-back of zero. And I believe that's the criteria he-was using when he designed it . However, they have increased that-set-back now to 15 feet . Smith: Which interior are you referring to? Stiles: It would be the southern property fine. 5 Smith: Is the property to the south on the southern property line a part of this development? Stiles: No. Smith: Then how would that be an interior set-back? Stiles: Well, that's where he was mistaken. Smith: Okay. MacCoy: Do you have any other comments? Is the applicant here? Would you please come forward. :Peterson: Mr. Chairman and the Commission my name is Brice Peterson. I live at 1104 E. Brightwater in Boise. I'd like to address some of the questions that were left at the end of the meeting last month. The set-back have been corrected or at feast spelled out. We have shown the 15 foot on the side property line next to the Robinson's. We have also shown the stone wall or masonry wall that is on the south boundary and is also on the west boundary, The landscaping has been. increased to the indication that we had from you last month..that you wanted increased. And so we have increased that primarily on the south.: side. We have loosened up the project in that we have eliminated one building and replaced that density by making 4 or 5 of the buildings 2 % stories. Those units on the west side next to the industrial park are 2 %Z stories. One of Meridian Planning~d Zoning Commission Meeting ~ June 8, 1999 • Page 7 the buildings on the south side is 2 %Z stories. Those units on your plat are noted as C D and E. We have been more definitive about the location. of the sign, which is on Locust Grove. And the management will be done by the Idaho Housing Finance and Services Association. They are without a doubt the best known management company in this area. The lease agreement that we use, will be provided to the City Council. That lease agreement provides for very strict use of the common areas and the properties within the boundaries. For example, there will not be any cars that are out of commission, and we have provided additional trash receptacles from our previous submission to you. It's kind of interesting to note that there was a petition circulated, which I am sure that you have a copy, a copy of many, many pages of names. A friend of mine who had the pleasure of having one of the people present the petition to him, explained in some detail about that meeting over the holiday weekend. And it seems that..l have a copy of the letter that accompanied the petition... and I think it is very important to tell.-.the truth. And I think it would be very wise if all of us did the same. In that petition letter it states that this is a subsidized project. I want to tell you without a questionable doubt, and I want you to make sure that you understand what I say...There will not be one person living on this project that has a subsidy, that is any way subsidized. Is that clear and do you have any questions. MacCoy: I guess not. Borup: I.think I understood that last week..or last month. Peterson: I am sure you did Mr. Borup. But the audience did not. I want you to note that this petition was widely spread. According to my memory of working on the planning zone commissions in the past, which I have been very active, we took. into consideration those people who live within 300 feet. I think it would be interesting for you to ask people where they lived. Those people who signed it. I think you will find it to be at least a joke. At least something to laugh about. I want to .point out the legal issues as stated in your Comprehensive Plan. To annex this property, the Stamas Corporation has made a legal application. We want to be annexed and we want to be rezoned. We want to be annexed to the City of Meridian and we want to be rezoned to R-40. This property is within the Meridian urban services planning area. So we have met those criteria. For zoning, the new zoning is in accordance with the Comprehensive Plan and is compatible to the adjoining zones. Cobblestone Village is being developed in a fashion that would be allowed under the new zone. There is adequate reason to rezone this property. Streets are being widened, and-this taken right from your Comprehensive Plan. You understand that we are responding in word to your Comprehensive Plan. Streets are widened and improved with impact fees dollars created by joining development and employment centers. Many new industries have come to the area and many more are planned. People with moderate incomes will need comfortable housing in this neighborhood and we are planning to provide ~it. The use of this property complies with the Meridian Meridian Planning~d Zoning Commission Meeting June 8, 1999 ' Page 8 Comprehensive Plan. In that it provides higher density residential housing in the area of the commercial growth that will take place radiating from one of your - stated intersections of .Eagle Road and 184. The project sets an example for an attractive, heavily landscaped, well signed and innovative project for Meridian. This area is adjacent and serviced ..can be serviced by the police by streets, by water, by sewer and by sewer protection. We are provided that the main entrance will be on Locust Grove and a secondary, right in and right out, will be provided on Franklin Road. In summary, this project meets and exceeds the requirements set forth in the Comprehensive Plan for annexation and zoning and it will benefit Meridian greatly for an attractive and comfortable housing in the growing segment of the city. This is a growing segment as stated in your Comprehensive Plan. I would like to ask Lisa to discuss some of the needs if I may. MacCoy: Okay Gould: I'll state my name. My name is Lisa Marie Gould. I live at 863 W. Quarter Drive, Eagle, ID 83616. The reason why this is the right location, according to the City of Meridian Comprehensive Plan, one of the centers of commercial grown will be the intersection of 184 and Eagle Road. Commercial retail and apartment growth will dictate.. will actually dictate...let me back up a second. It's been a long day. Bear with me. The commercial, retail and apartment growth will at that point from this intersection. The vicinity map and Brice, could you show the vicinity map please. What I have done is blow up the vicinity of mainly Eagle Road, Franklin, Meridian and what we are saying is that 184 and Eagle Road, the main growth for commercial, will be St. Lukes, for example. Jay Build, which is down on Locust Grove. We have Industrial Park which is north of Franklin Road. We also have Industrial Park which is west of Franklin Road. We have 1 mile from the city center..that's where our Cobblestone location will be... approximately one mile. We will also have approximately one mile till we reach Fairview Avenue, which is high commercial use and mixed use. Brice, can you put that one down now and see the big map. Another point that I would tike to make are apartment complexes. We've done an extensive study and there is a study that is out and I have the book if you'd like I'll give it to the commission, but the figures I'm going to read from this are stated right from the commission. Excuse me one second. The survey that I'm looking at right now is called the Ada Real Estate Survey, Ada County Survey Apartment Study, done April of 1999. Meridian complexes at this point are located in 3 vicinities. The first is Aspen Hills, which is located at 250-300 James Court. We have looked at it both ways. There is occupancy and vacancy rate and vacancy rate at that.complex is 4.20%. Creekside Arbour, 1301 E. Fifth Street, has a vacancy rate of 2.3. Cherry Lane, which is located at 302-388 (inaudible) has a vacancy rate of 4.5%. The other apartment complex that we think that could fall into the Meridian growth is West Ridge Apartments, which is at 3003-3097 North Five Mile, which has a vacancy rate of 5%. As you can see there are very few apartments for rent in the Meridian. Typically, a developer ,~ .~~k. Meridian Planning ~ Zoning Commission Meeting June 8, 1999 ' Page 9 , feels confident in building additional apartments when vacancy rate is 5% or less. In this case, the average vacancy rate of apartments that compare to - Cobblestone Village is 3.6%. The next point that I'd like to make is about schools, because this issue came up at the last meeting. I called the Meridian School District and in route to me is the plan for new schools Fall of 2000 which will actually handle Cobblestone Village. This is one middle school that's projected to open Fall 2000 and 2 elementary schools of Fall of 2000. I have been specifically told by the district of Meridian School District that the project will very well be taken care of by the new schools. So, we are (inaudible) at least a year and a half out until the project is complete, so currently until everything is completed we wouldn't even start probably until Fall of 99, so we are looking at Fall of 2001. Our school situation we feel is very well handled. Do you have any questions? Barbeiro: Can you tell me who performed this survey? Gould: Yes. Mountain States Appraisal. Moe Faring and Kathy Rizara. And what's interesting this survey breaks down vacancies and it breaks down each project throughout Ada County. . Barbeiro: The vacancy rates that were called out were those immediate incremental or were they annualized. Gould: Well actually for the period that they ran, so this study was done April 30th of 99. That was as of that date. They do breakdown rent range, bedroom units, square footage, this is on just the summary, and then they have detailed pages that really go extensive in breaking down the number bath, units, rent ranges, deposits...so it's truly a through study. Barbeiro: In your discussions regarding the school district you've said that you had reassurances from the school districts could handle this. I made note that in the recommendation from the school, there was no "we recommend this project". I have°had, from the Meridian School District on other projects, a specific "we recommend this project". That was~not the case on this project. Gould: Okay. I called directly and just asked in general. I explained to them what I was doing... Cobblestone Village... Smith: Who did you talk to? Gould: It's in route. I have the letter in route. I called on Thursday Smith: So you don't have a name of who you talked to? Gould: Not right now. Meridian Planning a'Trd Zoning Commission Meeting June 8, 1999 Page 10 Smith: Did you call the administration offices? Gould: Uh-hmm Smith: So you don't have anything to back up what you just told.us? Gould: Well F can. I can submit it. Smith: You can, but you don't at this time, at this hearing of which you are asking us to make a recommendation one way or the other to the City Council on this project. Gould: No. But, when I ... Smith: That's all I want to know. That's all I want to know. Gould: Thank you. MacCoy: Anything else? Gould: I would just like to add that when I called the Meridian School District and it sounded so general when I talked about the schools and what was proposed, they said it is public information. MacCoy: I sure it is. Any other questions from the Commissioner's? Barbeiro: I'd like to ask Mr. Peterson a question, if I may. MacCoy: Okay. Are you finished with...okay we'll change pulpits again here. Smith: You said your going to leave a copy here with us? Gould: Uh-hmm MacCoy: With the City Clerk yes please. Barbeiro: Mr. Peterson. Commissioner Barbeiro. You made note with,. some passion that this is not going to be a subsidized project and that you had made that clear in our last meeting. If I may quote from the transcript, in my question, "is there any plans to have this as a subsided housing here." Your answer was, " it will depend a little bit on the financing is arranged". I see that as a maybe. I do not see that as a definitive no, this will not be subsidized and I can see how from your answer the residents could find. that as a concern. Can you now tell me that the financing that you arranged for this project will absolutely and definitively make this anon-subsidized project? { q. Meridian'Planning ~ Zoning Commission Meeting June 8, 1999 Page 11 .Peterson: Mr. Chairman, Commissioner Barbeiro, that is absolutely correct. The ... if you like and I offered to do this. Do you remember the tape (inaudible) - did you listen to the whole. tape. I offered to explain more detail on how it would be financed and you suggested,. do not go into that. And the Chairman suggested that also. Would you like to go into that in detail now? . Barbeiro: I don't... Rossman: If I may interject..this is Mr. Rossman. Whether or not this is subsidized project or whether or not individuals with subsidy are going to be in this project is completely irrelevant to this proceeding and I direct the Commission°not to ask any further questions about subsidy or whether there is people with subsidized incomes in this project and I am going to direct that it not be considered in anyway in any determination by the Commission. Barbeiro: So noted Mr. Rossman. Thank you. With regards to the concerns that the neighbors have brought on and their petition, it appears that the neighbors have taken great pains in seeking out the opinions of the neighbors in many directions with regards to you. site. Have you taken any opportunity to meet with the neighbors to ease their concerns as opposed to merely standing with us? Peterson: Mr. Chairman. Mr. Barbeiro. We have had I believe we sent out notices and you know the notices that we send out are within 300 feet. You realize that? We sent notices out to people within 300 feet and we have asked for them to attend and they have attended two meetings. We explained everything over and. over and that at a point at the end of the second meeting I really felt that there were no more questions and that everybody is satisfied. Barbeiro: Okay. Thank you. Peterson: Obviously, I am a poor reader of people. MacCoy: Any other questions? Borup: No... I ...just Smith: I do...go ahead Keith. Borup: Just a comment on the petition. Half of them were from pretty much the entire Green Hills Estates which is a subdivision a mile away. And then I think the others are from the subdivision down at the end of Locust Grove is where the majority ,of others are from..which would be driving past this project. I don't know if your familiar with where the addresses were. That was all I had. MacCoy: Okay. Mr. Smith 7 Meridian Planning a Zoning Commission Meeting June 8, 1999 Page 12 Smith: Mr. Chairman. Mr. Peterson. Reviewing last months testimony...fortunately Iwasn't here so, you make reference that Mr. Smith who testified had different information then the rest of us have that in reference to Franklin Road, Mr. Smith testified that it will not be widened for 15 years. You. stated, I quote, "I would be glad to show you the numbers and again we have different information on that. I would like you all to know that". Do you have that information with you at this time? Peterson: Mr. Chairman... Smith: In writing. It's a yes or no question. Peterson: It's not a yes or no question. Smith: It is a yes or no question. Do you have the information that you testified that you had at the last meeting... Peterson: Mr. Chairman. Would you... Smith: In writing to give to us that showed different data or specific data on when that road will be widened and wide it will be. Peterson: Mr. Chairman. Will you address the Attorney please? Smith: It's a simple, straight forward question Mr. Peterson. Either you have the information in writing or you don't. MacCoy: Well.... Smith: It's black and white. MacCoy: Let me intercede here. He doesn't have the information because some of us are serving on the commission that we know where the real dates are so they became just a piece that came out of the audience in a discussion in which we discussed at the time that the actual date is not known yet, but it's not 15 years away. 'We know that. Smith: Okay..so...we don't have the information, and the date is not 15 years, and we don't know what the date is.. All right. That should be a part of the record here. Peterson: Mr. Chairman. May I respond? Mr. Chairman MacCoy: You may respond. Yes. Meridian Planning a~Zoning Commission Meeting June 8, 1999 Page 13 Peterson: Thank you Mr. Chairman. I have talked with Shari at length of course about this project. I stopped down to the Highway District and asked Larry Sale some information about this project. Mr. Sale is in the audience. I believe that n+ any information that he would give you would...well I shouldn't say this. I don't know if he'll surface. I don't know if he'll satisfy Mr. Smith, Commissioner Smith or not. But he is in the audience and I am sure that he would be willing to give you some information. MacCoy: All Right. Thank you. Smith: That-would be great. Moving on. What is the zoning on the property immediately South of your project? Peterson: R-1 I believe or the equivalent of it. Smith:' R-1? Borup: It's in the County. Smith: It's in the County? MacCoy: Yeah, it's County. Peterson: I'm sorry. !think it's agriculture. I am not sure. ,, Smith: And immediately West? Peterson: It's an industrial park. Smith: Immediately North? Peterson: It is agriculture transitional. Smith: And East? Peterson: Agriculture transitional. Smith: All right again, going back to last month's testimony, you stated, I quote, "I put this project in the middle of an industrial area, right in the middle of it for , that very reason." It's not in the middle of an industrial area. It is immediately adjacent to existing large, I am not familiar with what exactly the County's zoning is there, but multi-acre homes and it's not compatible with zoning at all. Not anyway, conceivably possible compatible with that kind of zoning. R-40 is not. There is no buffer zone between your parcel and those uses. Peterson: Mr. Chairman. Meridian Planning anZf Zoning Commission Meeting June 8, 1999 Page 14 Smith: You stated, "I think that is the most compatible thing I can put on that - dirt." I don't agree with that whatsoever. MacCoy: Mr. Smith can he respond to your (inaudible). Peterson: {'d be glad to wait till he's done. MacCoy: All right. Smith: It just... you know...there is pages and pages and pages of testimony about how much you think this project is a value to Meridian. And, quite frankly, let me read a couple of statements out of our Comprehensive Plan under the housing. section. Meridian will continue to develop into the ideal community only by maintaining and upgrading the quality of existing and new dwelling units. And under section 1.19, high density, where possible, should be located near open space corridors or other permanent major open space and park facilities. This project does none of those things. And you also testified earlier that this is an attractive development. I have not seen any elevations on this project.. I have,no idea what it looks like. 1 supposed to take you word for it that it going to be an attractive, high quality development. Do you have building designs to show us? Or do we have everything that you got? Peterson: Mr. Chairman. Commissioner Smith. I..we have turned into the staff the elevations. We've turned everything in that we know to turn into. Smith: Why aren't those a part of our packet? Stiles: They are. Smith: Not in my packet. Peterson: Welf Mr. Smith 1 am sorry they are not in your packet. Smith: Are they in your packet? Borup: Their reduced copies, yes. Smith: These? Peterson: I do believe Mr. Smith, that you do have the information that you requested. , Smith: Does anybody have a copy that I can see now? I guess basically Mr. Peterson, I just don't buy the argument that this is a good project for the City of Meridian. We have so much low income housing in this city now. That's all we Meridian Planning anaZoning Commission Meeting • June 8, 1999 Page 15 got. We don't have a diversified tax base. We're shooting ourselves in the foot. We are digging ourselves such a deep hole here by approving these low income and high density projects, with not having lower density, higher quality homes coming in here that really do create somewhat of a tax base. MacCoy: Okay Commissioner Smith. I think you've made your point. Smith: This is just not good for the City. It's not good for the neighbors. Rossman: I would interject and concur with the Chairman. I think this is a period of time for questions. It's not a period of time for rhetoric and for continued discussion about your personal opinions about the project. This person is here to provide an application. You don't have to approve it. If you have questions for him, ask him questions. Save you comments tilt the end when we have a period of time for discussion among the Commission. Please. Smith: I apologize Mr. Rossman. Rossman: I accept your apology Mr. Smith. Smith: That's all I have Mr. Chairman. MacCoy: Mr. Smith I loaned you the one from the City Clerk. She wants it back. Peterson: Mr. Chairman. I do believe I have the right to respond to some of Mr. Smiths so-called rhetoric. He indicated that this was a low income project and that Meridian has plenty of it. That is a stated that he made just now and this is not a low income project. I would like to take this opportunity to ask Joanne Butler to speak to this. It is very difficult for me to stand here and listen to this kind of rhetoric and so because you made me do it, I am going to ask her to speak to this issue that it is not low income. I have already spoke to it, but you did not hear me Mr. Smith. Smith: Mr. Peterson, if I had not heard you I would have told you I did not hear you..Quite frankly I don't appreciate you condescending tone to this Commission. Peterson: Well, I am going to ask if you may if I may Mr. Chairman, I am going to ask Joanne Butler to respond to Mr. Smiths comments. MacCoy: You can bring her up here fine. Borup: Mr. Chairman, may I ask just a quick question before Mr. Peterson leaves. I realize this is early and your saying it's a year and a half before the project. Do you have any type of estimated rental amounts at this point. Meridian Planning anSZonin Commission Meetin 9 9 :June 8, 1999 Page 16 Peterson: The rental amounts will, we feel based'on today, you understand,-of course, we car}'t project a year or 2 years away, but we believe that they will average $600. That is the basis of the feasibility that was done for this project. Borup: Okay. Thank you. Joanne Butler: Good evening to the Commission. 607 North 8th Street, in Boise, representing the applicant. I'll just make a few commentseand then respond if I can provide the Commission with more information based on these comments. Mr. Peterson has tried to provide`the Commission with some of the answers to questions that were raised last week. We are here tonight asking the Commission to recommend the approval of annexation, zoning and conditional use. Looking at the Comprehensive Plan and the Housing Element, including 1.19 that Mr. Smith raised, because it's true. (t says where possible. You should locate near open space and fortunately this project provides a great deal of open space for the residents and is located on a major access point. And, Mr. Peterson before designing this project and looking atthis-particular property, looked at the various Gomprehensive Plan goals. To look at the elements where you talk about trying to locate housing near jobs and commercial centers. So that we do believe that we are in compliance with the Comprehensive Plan and also each of the criteria required for annexation, zoning and for conditional use have been met. I am not going to address each one of those right now. With regard to just information for the Commission so that they can understand financing and so that the audience can understand the financing although I agree with the City's attorney that this is an irrelevant question. Your Comprehensive Plan clearly states that you are providing housing across the board for people of all different economic strata and so~that is just an irrelevant issue, but it has come up. The Idaho Housing and Financing Association does provide tax credits and bonding availability whereby the state sells bonds and can provide developers with lower interest rate loans. Whereby they can charge lessor rents to pay off those loans. Thus, helping people in the rents and making it easier for people to afford housing. So that is just a little information on how it is funded. With that I'll leave it...you may have some more questions about the design of the project. The architect is in the audience. Doug Tamera. Miss Gould can also answer questions about heights, site lines and so on. And you also have in the audience your traffic expert, the representative from ACRD. I listened to the tape from the last hearing. I know that traffic was an issue for many people and so Commissioner MacCoy was very good about relaying the information that he's had because of being on the committee that he sits on, but I would ask the Commission to have Mr. Sale speak•also to the traffic issue for your information. Thank you. MacCoy: Thank you Joanne. (END OF-TAPE) ``l~ss~ %~ , Meridian Planning anc~Zoning Commission- Meeting E•~ June 8, 1999 Page 17 MacCoy: Mr.~Peterson, do you have anything you want to add before we move on to this next section? Your not compelled' to we are just going through the .. ropes here looking at the pros and the cons of some of this material and you'll have a chance to come back. up later to add what ever. Peterson: Mr. Chairman. • I•think in the essence ,of time. it would be better if I waitedaill later. MacCoy: Very good. r .. Peterson: Because I don't want to (inaudible) this. I •think we've hit the main points so far.- .. MacCoy: Yes sir. ,, ~~ ~, Peterson: However, if you would allow Mr. Sale... MacCoy: a I will because Mr. Sale and I' convene every so often. and I respect his knowledge, very highly and I am glad he is here this evening. I will,apologize when.he gets up here: I was going to call him and make sure he was here this evening,a so I am glad he did come, becauseyone of our concerns that and-the public is the fact that is,the roadway condition and is the fact that ACRD is~behind schedule because the way things are, money wise,, and we-are faced with a 2 lane Franklin and 2-lane, one end Locust Grove=and it makes it a real difficult thing forahe Commission to do anything with not having something in front of them which gives us dates and so on. So I am going to:call him forward here. Peterson.. I think, if I may, I'll step down. ~~ MacCoy:` Very good sir. Thankyou. All right, I am going to save Larry Sale for a little bit here. I want to continue on with our normal procedure. Is there anyone in the audience here who has something, to say in favor of this construction at• k this corner. Rossman: Mr. Chairman, if I may..just one comment. As I said at the end of the last hearing, this is a continued public hearing from we had last month. Please, if your going to testify today and you did testify last month, make sure that you confine your testimony in the, matter...with the issuance of time. Confine your testimony to new issues that were. not addressed in your previous testimony. Thank you. MacCoy: Thank you. Very good. So is there anyone here after hearing that has something to say in favor that was not put on the record as of last month? All right. Seeing nobody standing or raising their hand is there anyone here who would like to speak on the other half who is against this project that has t '~ Meridian Planning an`a Zoning Commission Meeting ~-~' June 8, 1999 Page` 18 not...okay you can come in ..go ahead up here, but has hopefully has something new: to say to us because we have a lot of things on the tape all ready. - Smith: Robert R. Smith, 335 South Locust Grove Road. I'm just South of this proposed complex. Unfortunately, I did `not get to address some of the things that were said at that that conquered it, and I would like to at this moment verify some things. Since that last meeting we circulated a petition against this development. We collected over 200 signatures against this proposed development. The traffic was a major concern of the people. This petition, Mr. Borup, was circulated within the residential area of this complex and these people access this intersection at least once a day, and it was asked of them. I was going to address what Mr. Barbeiro said about the minutes of the last meeting. Why the concern was of the subsidized housing. But I won't. I'd like to address some of-the things Mr. Peterson said about me not being correct ~ in my statements about the widening of South Locust Grove Road. I attended a meeting of Ada County Highway Department as of May 27, 1999 at Linder Elementary School. And the traffic engineering supervisor, Joe Rosenland, talked to me, and here is an exact statement written by him that says what Locust Grove Road is going to do for the future. And they also told me personally, and they were going to give me a letter, but it did not get to me on my fax today, that Locust Grove from Franklin to Overland Road would be the very last piece of~road widened in this project because of the adverse cost it would be to put`that overpass over the interstate. And this is the gentleman`that told me -that. I resent the fact that my information seemed to be not correct, but he reassured me that it would be within 15 to 20 years before that portion of Locust Grove would be widened. These people that signed this petition were sincere and have lived in the area for'considerable amount of time. Fifteen to twenty years was the average. All of them was concerned about it. Even the subsidized housing. Whether it isn't a concern with you, it is with us. It's in our neighborhood. Maybe you would like it next to you. Rossman: Sir I was speaking from a legal standpoint. It has nothing to do with my personal opinion. Smith: I will close with that. If there is any questions to keep this as short as possible. MacCoy: Okay. Commissioner's are there any questions that you have? Seeing none, thank you very much. Smith: You bet. MacCoy: Is there anyone who would like to comment. Yes sir. Fox: Allen Fox, 1840 Cadillac Drive, Meridian, ID: Mr. (inaudible) I took offense to the statement you made up here about low subsidized. He took my thunder Meridian Planning a~Zoning Commission Meeting June 8, 1999 Page 19 `' away when he brought it in. You made that statement, which told us thaYthings were going to be possibly a subsidized housing because of the rent your bonds you were going to sell. So you made the statement tonight that you were getting your money from housing or something and your going to be able to charge lower rents. That's subsidized renting as far as I can see, if your going to charge lower rent. That's subsidized housing. In any event, if rents $800 a month and I can charge $500 a month, (inaudible) a loan, I subsidizing somebody. My understanding that R-40 is supposed to have kind of a buffer between that and residential. This project to me there is not room to put a buffer in between that or any other type of business or buildings. Also, i talked to Steve Arnold on the 14th of May as he is the man who signed the letter that came to you the first time -about this project and the roads, and he told me that there was nothing in the 15 year plans to widen Locust Grove or Franklin, but he said I'll bet my pay check that something will happen in 5 years. I told him I've been waiting 27 for it to go over the freeway. He said there would be no light put in at the intersection until the roads are widened. And without a light, you approve this project and put this number of houses in there, with the 240 roughly want to go up the street just 2/10 of a mile, you going to kill us trying to get in and out of the place. Jabil is all ready going to load us down on it. 150 of these signatures came from our (inaudible) I collected them. I did not write the petition, but I collected them from people up there that are worried about the traffic problem. And 150 of them came out within 4/10 of a mile as you turn off of Locust Grove toward our subdivision South of you. And that's our only in and out-is Franklin and Locust Grove. And in the mornings at 6 o'clock you can have a 5 minute wait to get on to Franklin sometimes because of the traffic passing you can't get out. Thank you. MacCoy: Any questions of Mr. Fox? Okay. Anyone else. Come on up. Plant: Morgan Plant, 300 South Locust Grove. I take issue with Mr. Peterson's claim that he has contacted the neighbors within 300 feet. I do believe my property is within 300 feet of this property and I have not met the man until I saw him here to night. So he has not contacted the neighbors. MacCoy: Did you receive a letter in the mail? Plant: We did not. MacCoy: Okay. Plant: One basic, overriding, outstanding principle for opposing this project, simply does not fit that area. Plain, simple and flat. You have approved commercial to the West. You have approved commercial at the end of South Locust Grove and we all know that the long range plan, Franklin Road, will be commercial from the frontage back to the South and to the North, over the next F Meridian Planning a~oning Commission Meeting June 8, 1999 Page 20 20 years. And to put a housing development of this caliber in the middle of an industrial area,-it's just plain stupid. Thank you. ~ - MacCoy: Any questions for him. Okay. Thank you. Anyone else. Go ahead. Barrith: Yes, my name is John Barrith. I live at the end of Locust Grove, 2205 E. Cadillac. I've heard people addressing the commission tonight and I feel that one thing has been left out. I also am a commuter in that area. I work right there, off of Franklin off of Nolan and Lanark, and I drive that road several times a day. One thing I see that is not being said here is safety of our citizens, because that is one of the most hazardous areas that {'ve seen in Meridian. So I think that safety is probably one of the things the Commission should address on this. I have seen more accidents on that road right there. People serving out into the bar pit, so at this time that type of housing project would not be feasible. I've heard people say that from the stand point of us getting in and out of Locust Grove, that is a dead end street and I heard a gentleman make a comment of 5 minutes. I have waited longer then that. I want..since I didn't get to address the Commission last meeting, I want to state that I am opposed to this and basically say that they should consider that safety factor of our citizens. MacCoy: Thank you very much. You raise a very good point that we have all ready noted as a Commission that we'd check this out with the Police Department as well as the Traffic. It is a real concern of ours because it is a high unsafe place in our community. So it is a concern of ours. Anyone else here? Go ahead. McMillon: I am Reese McMillon and live at 870 South Locust Grove. My biggest concern on this is like everyone else, is the traffic. Jabil Mfg. Is putting in a manufacturing plant on the West side of the end of Locust Grove and the freeway. They are also opening up a road onto Locust Grove which they will have up to 400 cars, employees, they'll have access in and out of .that area and they are also putting in two soccer fields down there and if they have soccer matches (inaudible) they will have as high as 1500 cars. They try to come in and out of that little two lane road on Locust Grove and if he wants to put -his main access onto Locust Grove off his development there, I think we are just butting our head against the wall trying to cure a headache. That's, what I think. So I mean, this is my main concern is the traffic down there. I think we ought to table this thing until they widen the road. If it's 15 years, table it for 15 years. MacCoy: Thank you sir. Is there anyone else who would like to comment here right now? Anybody in the back? Yes, come all the way up. You kind of fade out in that light system. Witherell: Jim Withereii; `215 South Locust Grove. I mainly want to speak for some points of clarification from the- last meeting. Commission Borup was asking about the previous high density housing (inaudible) that was manufactured Meridian Planning. a~Zoning Commission Meeting June 8, 1999 -Page 21 homes. It started out that way. That was withdrawn. It then came back as partially stick manufactured homes behind the residences, the rest being - manufactured homes. That was turned down by the City. It then came back. as an industrial park. Those were the three phases, but they all sort of blend together. It~blurred my mind too, so I had to go back and look them up in our papers..Secoridly, everybody is concerned about ACRD and its roads. I worked with ACHD. I do not work for ACRD so I can't speak on what ACRD plans to do. I do work for the Transportation Department in the economic section. I did check ~ yesterday afternoon. The overpass is stilt scheduled to be looked at in the year 2023. There are no future plans to beyond that. That's all I have to clarify. MacCoy: Thank you sir. Is there anyone else. Yes, you want to talk. Robertson: My name is Ernie Robinson and I live at 185 South Locust Grove. Our property is right next to this project that Mr. Peterson wants to_build. I have written down what I want to say as so I can keep on track. So bear with me. You know, the neighbors met with Mr. Peterson twice prior to the last Planning and Zoning meeting. At that time he never indicated to us that it was going to be low cost housing. I wasn't till we came to the Planning and Zoning meeting last month that Mr. Barbeiro asked him if it was going to be subsidized housing and I understood him to say, yes it was because you referred to the minutes. Also a clarification about this that Mr. Borup brought up. He spoke about the 65 manufactured homes. But that was not on this same property that Mr. Peterson is now. It is on the property West of us. So it's not the same piece of property at all. It's not a big deal, but I.wanted to make clarification that ...will I guess I have a concern there. I don't understand the difference between 65 unit manufactured homes and 96 apartment houses that are low income. I mean what's the difference. It's all not very compatible. And you heard Mr. Peterson say that he proposed putting a masonry fence on the West and South boundaries of his property. At our first meeting, my husband asked for the masonry fence and Mr. Peterson reluctantly agreed. He asked that..we asked him not to put the fence on the West side because we have been trying to get Mr. Barnes to fulfill his obligation. of taking care of the landscaping behind our residences. Mr. Peterson indicated that Mr. Barnes got angry and walked out when they were discussing the landscaping and that he, Mr. Peterson, would be happy to work with us and support our efforts. But as you heard, from his presentation, last month that this is not happening. The fence was his idea and Mr. Boyd, who represents Barnes was delighted with the idea of the. masonry fence. Mr. Peterson's narrative is incorrect. This all happened before we realized with all things considered, that it is not a good project for the'site at South Locust Grove and Franklin Roads. And I date say that a 6 foot masonry fence and any additional landscaping is not going to eliminate the noises from-the complex..such as dogs barking and kids screaming and crying, automobiles, garbage trucks, etc. Mr. Peterson said that he would like these people to walk or bicycle to what ever they want as much as they can...whatever that means. That is a real joke. There are no bicycle paths. There are no sidewalks. We have lived there for 30 years and me and my Meridian Planning Zoning Commission Meeting June 8, 1999 Page 22 husband have been walking in years in this area and !can guarantee you that in the last 2 years it is not a safe place to be. I still bicycle, but only early very early Saturday and Sunday mornings because there is less traffic. People driving cars don't have patients with bikers and they don't see people walking. They are too busy with their cell phones, combing their hair, drinking their coffee. I'll bet there would not be -10 people biking or walking, but it makes a great story. Mr. Peterson also stated that he has designed his project in a way to take advantage of the view. So what does he think happens to the. view of all the neighbors? I am sure he does not care, so while Mr. Peterson lives in Boise and his daughter lives in California, we will live in the shadows of a low income housing project and our property values will be devaluated immensely. Another issue is that I went to the Meridian School's Administrative Offices and I talked with Jim Carberry. I discussed this apartment complex with him. Their not overjoyed with the idea that it is low income housing and it is true they have room in the schools at this time. But that is because Meridian Tax Payers have approved Bonds to -build new schools to catch up. I don't think Mr. Peterson or his daughter's California residence has paid any of these taxes. The school district does have concerns about traffic. The Meridian School District does have concerns about traffic. Their Transportation Department is at the East end of Lanark Road. They have 180 busses that leave the bus barn every morning. They go down Lanark to Nola, which feeds into Franklin. Another nightmare with the traffic for both the busses and the existing traffic. Mr. Peterson seems to be very proud of the quality of his other projects. Why then, is he so willing to lower his standards and construct a subsidized apartment complex (sorry about the work subsidized) on property which is so inappropriate, incompatible and unpopular with over 200 property owners who have signed the petition that you now have. And in defense of my husband and Mr. Smith who went out and got the petitions, they did this very honestly and above board. They did not tell any false stories. They said it like it was, just like we have said to you here tonight. I resent his unkind comments. At the last meeting most of you had some very valid points as to why this project was not appropriate-for the corner of Franklin and South Locust Grove Roads. Mr. Barbeiro, I'm sorry if that is an incorrect pronunciation, stated it very clearly and I won't read you what he said, but it's in your minutes. But after Mr. Peterson pleaded with you to approve his project and to change you way of thinking, you gave him another chance. Regardless of how Mr. Peterson revises or reconstructs his project, it is not going to change the situation and conditions that have been presented. We have single level, light industrial and commercial us. I would much rather see you continue with that concept. Professional building or businesses such as Art Tech are certainly more suitable than subsidized housing. Many people in the Meridian area have stated that we have low income housing. Isn't there something better for us? I am not going to stand here and plead with you as Mr. Peterson did last time. I'm not good at... I'm not as good as schmoozing and finessing as he is. I respectably deny the Cobblestone project on the merits presented by the opposition. Thank you. Meridian Planning a~Zoning Commission Meeting • June 8, 1999 Page 23 MacCoy: Thank you very much. Any'questions for her. I guess not. Thank you. Very well done: You've done your homework. Thank you. Plant: Morgan Plant. I was previously up here. In all this discussion about the Cobblestone project. No one has brought up the fact that just around the corner in time, down the road about an eighth of a mile, there is a project involving 250 houses on a vacant 80 acres. Which is essentially adjacent to my South property line. Now no one has brought this up, but we know it's there because we know the City of Meridian has stubbed in the sewer at Five Mile Creek in preparation for Peter O'Neil Development, whatever he calls himself now, to put in there. So you through 96 houses housing units he's proposing and the 250 houses that in time just around the corner, I think you see the picture. Thank you. MacCoy: We do thank you. Anyone else? All right. Back to the mike, will you please. Smith: Robert R. Smith. 335 South Locust Grove Road. Ada County Highway District, Planning and Development Division has stated here in this statement that this development is estimated to generate 2400 additional vehicle trips per day, based on the Institute of Transportation Engineers Trip Generation Men. Borup: We've got that information. MacCoy: Yeah; we have that in ours probably. It is the same report we have here so it's on ours. I did not know if you had something different or not. All right, Larry Sale. Hiding behind the podium. Do you think it's safe that way? Before you start Larry, the man that was mentioned here was Joe Roselund. He -was a supervisor of traffic engineering. I was unable to make his meeting, although I had planned to do so, and I wanted to see how he would be phrasing the material that we had just received and talked about less than a week before that. I would be very interested to see what you have to say to that. Sale: Mr. Chairman. Members of the Commission, just for the record I am Larry Sale, Planning and Development Supervisor for Ada County Highway District. Sometime we'll have to get together under more pleasant circumstances. You reminded me of something earlier. You said that you thought of calling me. Shari Stiles has my direct line and you can call me at any time. MacCoy: I've got your card as well and we've met before and we are going to be back at it again. Sale: You'll either get me or my voice mail, and I'll get back to either one of you if you call. Mr. Roselund is supervisor of traffic engineering for the district. I didn't take notes from what the gentleman said that Mr. Roselund had said. I recall some of it. The..l think he indicated that this stretch of Locust Grove relative probably would be the last one that would be built. I probably would ~~ Meridian Planning a~Zoning Commission Meeting • June 8, 1999 ~ Page 24 agree with that. Depending on how fast the city grows North of Ustick. The stretch from McMillan to Chinden and this one I would say might be in a dead - heat for being last, depending on which way the city grows. Right now, the city is growing to the South. What I...there is no written information to indicate when this section of Locust Road might be constructed. Mr. Roselund indicated that the overpass 184 was probably beyond a 15 year planning horizon. I think that's accurate. The road between 184 and Franklin will probably be reconstructed prior to that, if grown continues in this area as it has. The city has approved some very beneficial projects for the city in the area South and West of this one, and I would anticipate that they would be putting a demand on Locust Grove Road. The O'Neal property was mentioned in passing and while we've received nothing officially, and I don't know that your staff has either, we have had conversations with representatives of Mr. O'Neal and do anticipate that that would be submitted to you for annexation and development sometime in the near future. With any news, I guess there is good news and bad news. With the Jabil Development comes a connection of a public street to Locust Grove Road and one could say that that would increase the traffic on Locust Grove Road that would also provide a second means of access into the area at the South end of Locust Grove Road,,, well of which could prove beneficial, both beneficial from a safety standpoint and= from a convenient standpoint for the people that live there. Unfortunately, the section of Franklin Road is not in the adopted 5 year work program meaning it is not programmed for construction prior to 2003. We are currently updating that 5 year program to take to the Commissioners for adoption later this year, but this section of Franklin Road is not in that update either. The only thing that I can tell you all that I know for sure is that the section of Franklin probably will not be reconstructed before 2004, in that area. Depending on the rate of development North of Franklin Road between Franklin Road and Pine, Locust Grove may be, the realigned Locust Grove, may be constructed by developers prior to Franklin Road being constructed, but that's purely a guess. A conjecture on my part and really up to the rate of development in that part of the city. I need to make a correction. As you probably know, we had an erroneous staff report that went to our Commissioner's had some errors in it and that has been subsequently corrected and sent back to our Commissioner's the 2"d of June. It's 96 units apartment complex has estimated to generate 640, 634 additional trips per day. The trip generation rate for the apartment is about 7 trips per day-6-7 trips per day j compared to a single family dwelling of about 10 trips per day. So the corrected trip generation should be in the neighborhood should be about 630, 640 trips a day. I've done something normally I don't do and that's get up her and tell you what I think you want to know without asking you that if you have any questions. I should have done that first. I apologize. ' MacCoy: Your doing fine. Go ahead. Sale: I think I've about reached the end of my spiel. If you have any questions, I'd be happy to answer them. Meridian Planning a~Zoning Commission Meeting June 8, 1999 Page 25 MacCoy: I'd like to put a comment in to the (inaudible) on this-your city has p done a lot of work in recent in the last two years with,the ACHD people and Larry has been very much involved in a lot of this. We have felt for sometime that w because (inaudible) high amount of impact fees, because of all our expansion, that we ought to be able to get more for our money. In other words. And they have agreed with us now and are working with us. It's not that when he mentions the date for the Franklin Road and the date for the Locust Grove and the overpass---it's not that those are not considered important. They are important. In fact they rate very high on their list. But the things that hurts every one of us is that we go through these meetings is the dollars are not there. We are really hurt from the standpoint that even though we are putting money into the kitty, the actual end of the section that we get of that does not come out to be enough to do all of the things we'd like to do, we need to do. I was very pleased when we had finally picked up the Franklin Road expansion to 5 lanes and First to Linder and the traffic change which came out of that plus the lights came out of that, which you have been experiencing on Meridian-the digging and so on as off of the controller system which is going to be uniform for the entire city. I wish there was some more public press on some of this stuff because I think as far as I see it from what we've seen (audible) from .ACHD and your work Larry and your colleagues work, because we are receiving some results. It is never fast enough and we, as a Commission, we get hit all the time with why don't they do their roads first and then put the housing in and then but the business in and we keep telling the public that that's not the way it works. It goes the reverse and that's unfortunate for all of us. Sale: Mr. Chairman, thanks for the good thoughts. You know my wife and I just took a trip down to Southern California last week and I was observing in an area which is growing pretty rapidly. When we drove out, and here's a 5 lane road that is going out in the sage brush, and there is no development on it. Coming back and discussing that, they have a totally different way of financing things. They form, I think they call them assessment districts MacCoy: They do. Sale: They are kind of like a LID, Local Improvement District. But down there the roads are required to be constructed, planned and constructed before the development occurs. It would be really nice if we could get into that situation, but our current laws don't allow that to happen. MacCoy: That's what I found out. I've lived in other parts of the country like that and when I came here I said that one of the meetings I attended and was told and quoted the law in the State of Idaho that we're not in that type of life style. That is unfortunate, I think I guess because they felt we were not a growth state way back when: I don't know. We don't have that right not. We may eventually Meridian Planning a~Zoning Commission Meeting June 8, 1999- ' Page 26 get to that place. I hope we do. Anything else you want to say to us? Do we have any Commissioner's that want to add Larry. Borup: Yes Mr: Chairman. MacCoy: Go right ahead. Borup: I had a few questions. One-well probably most of them refer back to the ACHD staff report in which The ACRD Commission approved this project. The question I had was in discussing the traffic count, we talked about there is no over pass over 184. Once an over pass is constructed staff anticipates traffic volume will increase significantly in Locust Grove, (inaudible) then it says staff have considered-the increase in traffic volume with this application. So is that Mr. Sale saying that the traffic volume of the over pass was taken into consideration and then beyond that Jabil and any other expansions were that also taken into consideration or would you know specifically know what that was referring to? Sale: Mr. Chairman. Commissioner Borup. The statement meant that it has taken into consideration the traffic to be generated by this development and the other known development around. Borup: And including additional traffic from the freeway over pass. Sale: No. If you look down at the bottom of the report... Borup: It says once an over pass is constructed... Sale: Once an over pass over the interstate is constructed, it will draw traffic from South and North of the interstate that is not there' now. People will use this as a connector between the residential part South of the interstate and the business part North of the interstate. Borup: Okay. So this statement that consider the increase of traffic was increased from this project was increase of traffic that was considered then? Sale: Where are you reading and~from what are you reading? Borup: First paragraph on-under facts and findings. Page 2 under Section A. Sale: That sentence reads staff is considered the increase in traffic volume with. this application, meaning that the traffic from this application has been considered in reviewing.. Borup: Okay. Just this specific site application, not any surrounding projects. t • Meridian Planning a~Zoning Commission Meeting June 8, 1999b Page 27 Sale: Yes Borup: As been stated, traffic seems-I had another question on the Jabil. You said that's going to supply second access. Your saying through Jabil's property to the-access from the West-coming in from the West of their project that will tie into the corporate part there- Sale: Yes. They'll make a connection to Stratford and Central extended, I think is the street they are going to build. Borup: Okay. So your saying that people at that end of Locust Grove and the freeway may find it easier to go that way? t Sale: It will be quicker because they will be able to get on to that street and get out to a signal at East First and then on to Meridian or East First and then out to the interstate. Borup: I don't know that the Jabil application got into that detail on that. So I was interested in knowing that. (inaudible) the intersection seems to be a lot of concern. Locust Grove and Franklin. You mentioned it would be another 5 years before Franklin will be improved the whole length along there. Nothing was mentioned on any consideration for anything on the intersection itself. Specifically, a traffic light or even just widening the intersection itself. Is that a possibility without looking into the 5 year plan. Would you comment on that? Sale: Mr. Chairman. Commissioner Borup. That's a fair question. One I should have covered. The five year work program covers lengths of roadways. We have other programs that we can grind to bear on problem intersections and either rebuild them, adding left turn lanes and signal, and/or signalizing. We can do either or both. That is a program. that the City of Meridian will probably see more of in the future as we are able to get some funds expended over this way to upgrade intersections. They're the most expensive part of the project, but they also do the most good for the dollar. So frequently we do upgrade intersections some years in advance of constructing the connecting lengths of roadway. So without making any promises, the option of the traffic signal at Franklin and Locust Grove is not out of the question. Borup: Is that something that would be on a specific application for that site and looked. at that situation then? Sale: Mr. Chairman. Commissioner Borup. When we have a major application, if you'll remember the one at Franklin Road and Eagle-no Fairview Avenue and Eagle, we do .exact from the developer major improvements at the intersection. It was felt that the traffic generation from this development was not a big enough part of the entire traffic volume at that intersection to warrant an exaction. For example, my 2 year old traffic court~shows that there is about 9000 trips a day Meridian PlanningZoning Commission Meeting • June 8, 1999 Page 28 there and certainly there is more than that now. So if this project generated six hundred and some trips, 600 say out of 10,000 is a relatively insufficient amount, -- so we would not exact a portion of the signal cost for a project of that nature. Borup: Okay. But that is something that can be moved up on a schedule a lot easier than other road projects. I mean that is something that can be worked in, if the demand and if it warrants it? Sale: That is correct. Borup: Thank you. That's all I had. Sale: Remember. We have about 1000 intersections. MacCoy: Your doing very well. Any other questions for Mr. Sale. Smith: Mr. Chairman. Mr. Sale how wide is Franklin Road being planned to be widened. Is it 5 lanes? Sale: Mr. Chairman. Mr. Smith. Until we get into a planning program for a roadway we don't like to talk in terms of numbers of lanes. Locust Grove, North of Fairview is just now in this stage and it will be somewhat of a montage of lane widths. It will start out at 5 lanes at Fairview and end up at Ustick as a 3 lane roadway, just because of the volume of traffic and number of driveways and street intersections that it has. This close to Meridian, I would guess, that it will be 5 lanes that it will be five lanes initially, but that's purely a guess again on my part. Smith: I guess I'm just concerned because we've got the Idaho Center. We just had this 5 lane widening and between First and Linder and coming out West from the mall is 5 lanes and there was some testimony last month on dedication off the center line, whether it was 48 feet for 60 feet. Is 48 feet adequate to service a 5 land road? Sale: Mr. Chairman.Commissioner Smith. That's our standard. 5 lane. Smith: Okay. That's my question. Sale: We always buy right-of-way for 5 lanes along the section line roads. Some cases it may be in my lifetime when we get 5 lanes, it may not. We'll have the dirt to put~it there. MacCoy Any other questions? Barbeiro Mr. Sale. Commissioner Barbeiro. My apologies. I am not familiar with your position hierarchy of ACHD. Meridian Planning a~Zoning Commission Meeting June 8, 1999 Page 29 m Sale: Mr. Chairman. Mr. Barbeiro. I am somewhere between a grunt and a boss. I'm in the third level of management. There is one director. There are four managers and they under each manager there are two or three supervisors and I am one of those. , Barbeiro: Then I would like to ask your professional opinion. Is the current construction of this intersection sufficiently adequate to support this project and the added volume of traffic? Sale: Mr. Chairman. Commissioner Barbeiro. This intersection is adequate to handle the increased traffic. It will continue to degrade as traffic increases until a time, if we aren't able to fix it, prior to that time, until there will be unacceptable delays in getting into the intersection. Barbeiro: Could you give me a definition of acceptable and unacceptable delays. Sale: We use the term, level of service. The level of service goes from A to F. And it is just like the grades you got in high school. Barbeiro: Not the grades I got. Sale: I'm sure you must have got an A in there somewhere. Probably all A's. We can not afford to build a transportation system that will operate at level of service C. A definition of level of service C at an intersection, a signalized intersection of 2 artials is when you measure the delay of every vehicle that uses that intersection during the peak hour and the average delay is more than 25 to 40 seconds. Now before I get shot in the back, that measures the guy who got there just as the ... he was the tale~end of the cue and the light turned green. It also measures the people that are free-flowing on the system that the computer is helping get through. They are flowing right through. For example, at 6 o'clock on a week day---well I was going to say this---well I think I can say this---6 o'clock on a week day the signals would be programmed to aide East/West flow of :traffic, so that someone coming from the North or South would have to sit there longer td get into the intersection that somebody going East to West. The next level is level of service D, which we try to maintain, although some intersections-A guy once said he never asked me the time of day because I built him a watch every time that he asked, but there are intersections that at level of service F. A couple of them are Beacon and Broadway that has over 50,000 cars a day through it and obviously our favorite Milwaukee and Franklin. Then there is a pretty big range of level of service E, which I think is 45 to 60 seconds average delay. We would consider this intersection-we would work we would not want this intersection to drop below level of service E during the peak hour and level of service D during the rest of the day. Meridian Planning i~ Zoning Commission Meeting • June 8, 1999 Page 30 Barbeiro: The way you defined the level of service, correct me, are those four stoplight intersections only, or would they apply to a stop sign intersection? -- Sale: They can be applied to any intersection. They are computed on a 4-way signalized intersection. Barbeiro: So this particular intersection being 3-way would not fall into that ability to categorize? Sale: Obviously, the level of service now on this one East and West is A, because there is no stop and from the South---I drove out there this morning on my way iri and of course that was somewhat after the peak. It was about 6 o'clock Iguess-6:30, and I had no trouble turning left onto Franklin, but I presume that an hour before that or at 7 o'clock in the morning there is probably a significant delay turning left. A 3-way intersection is more is easier to maintain a higher level of service than a 4 legged intersection. I probably am not answering your question very well. Barbeiro: It was fairly open ended in your opinion based upon what you know of this intersection, with the inclusion of nearly 700 trips and the inclusion of what is initially to be I believe 400 employees at Jabil, would you classify this intersection upon completion of this project as an E or an F. SIDE 3*~**********~******,~*~****** Sales: ...would have to have a traffic engineers forecast of how many trips from Jabil are going to come out Locust Grove, as opposed to going to the west. This project as I look at the site plan shows driveways on both streets, Locust Grove and Franklin. So we would have to have a split of that traffic. That would all have to be plugged in to APA, Ada Planning Association's computer and see where the~demand lies. See which way they would go. Then I could answer the question. Sorry. MacCoy: Just for the record, since we had to change tapes during that point of his question. You had made the statement and I think we just changed tapes about that time that you didn't have enough information, is that correct? Sales: That's correct. MacCoy: Okay; thank you. For the record. Any other questions? Thanks Larry. Going to change the guard here. Waiting to get you in here. All right, was there anyone else that had something to say? Okay, you have one, okay. GENE PRESSLEY, 255 S. LOCUST GROVE ROAD. Meridian Planning ~ Zoning Commission Meeting June 8, 1999 Page 31 Pressley: Just for the record, Mr. Peterson is asking us in my mind to tolerate the traffic as it-is going to be for the next 5-95 years before there is any changes, is that correct? MacCoy: (Inaudible) Pressley: That's a lot of traffic for 5-15 years. MacCoy: Agreed. Pressley: And a lot of danger for us who live on the road and have to walk on the road, thank you. MacCoy: All right, you're welcome. I've got a hand go up right here. Yes, okay. JERI SMITH, 335 S. LOCUST GROVE ROAD. Smith: I think there is some, a couple of things that the 300 feet as we all have determined is kind of a joke as far as people getting where they are going and what they have to do. MacCoy: It's also in your territory, that's kind of a strange thing too. Smith: The traffic I've seen backed from Eagle Road through to Cloverdale Road coming home at 5:00. I have seen traffic backed from Eagle Road down almost past Locust Grove, you consider school buses stopping to pick up children that goes back to the safety of this. Nothing has been considered about the winter storms and how many of us has said okay, you have got to get off of the interstate because there has been accidents on the interstate or you can not travel it. Where is one of the first places they send them is on Franklin Road and I would like you to consider that please. MacCoy: Thank you for your statement and that is very true. IN fact I've seen at 7:00 something in the morning and then in the evening around 4:30 or 5:00, the distance between Eagle and 1St Street is solid with traffic, so I know that we are faced with a difficult problem here. Anyone else? Yes, Mr. Fox. ALAN FOX, 1840 CADILLAC DRIVE. Fox: I would like to address a couple of Larry's statements. He said we would have a second access to Jabil (Inaudible) which is true. It's roughed in right now. It runs over and his Stoddard Road as he said. The Stoddard Road (Inaudible) right back,onto Franklin, so~we are right back to Franklin again to fight the traffic in the morning or evening. Have you tried to get on East 1 St in the morning or Meridian Planning ~ Zoning Commission Meeting June 8, 1999 Page 32 evening out of that industrial park? It's just about as bad trying to get on there. Also, I believe_that you said 6 PM the east-west traffic light would stay on longer -~` than north-south. So north-south has longer to have to wait. !know that at Eagle and Franklin that is not true. Eagle does travel longer than Franklin does. Eagle is north-south on that one. That's all I have.. MacCoy: Anyone else? Okay, I'm going to throw it back to staff. Oh come on, didn't see your hand go up there. You've got to be positive about this thing. LISA MARIE GOULD, 863 W. QUARTER DRIVE, EAGLE, ID. Gould: Mr. Chairman, Mr. Commissioners I would just like to make a couple of points just to clarify and Bryce has taken a lot of heat this evening and it's my job, I need some of this heat. What I have done clearly and would just like to bring. this to point on our plan and this is what has been my job that Bryce initially when we have met, we did put a masonry fence through the request of the Robersons and mainly Mr. Peterson's reasons and delay and wanting to put that wall is either because sometimes masonry fences echo and maybe they don't look as pretty. So then we thought about this and putting in a texture or pattern that might make that masonry fence look nicer and continuing the masonry fence around the project was mainly to keep the project enclosed. Another point, fact is the setbacks. It really took a lot to work on that. We did get rid of one building and rearranged and made sure that we put nice setbacks on Roberson's side and also on Larry Barnes...I mean, excuse me Mr. Barnes, everyone knows Larry Barnes from cars, but on Barne's industrial property and at the same point, I worked hard in getting trash receptacles and enough parking and handicap parking, so there are more things that I really worked hard at as to trying to appease what we-were asked to do. When it comes to the list of names; I felt like Mr. Peterson was attacked .and that was my job and I did get the list faxed from Meridian Planning and Zoning that I would like to at least submit because that was what was given to us and that's the list that we have to go by, if I could submit that please. (Inaudible) in deliberation and vote on a record and provide-we would like to provide the city attorney with the information that he needs as to why we believe this project does not meet, or meet the criteria of all your ordinances. In connection of annexation and zoning, conditional use. At this point we would like to close. MacCoy: Okay, you finished? Gould: Yes. MacCoy: Okay, any questions for the commissioners? Smith: Mr. Chairman, I had a couple of questions for Mr. Tamara, if nobody else has-unless somebody has some more questions for her. i would like to ask him to come up when she is finished. Meridian PlanningZoning Commission Meeting June 8, 1999 Page 33 MacCoy: All right, would you ask-you may sit down now. - DOUG TAMARA, 499 MAIN STREET, BOISE, ID. Tamara: !was the designer of the project. Smith: I apologize to staff, I did find the elevations in my packet, however they seem to reflect two story buildings, but let me just-there is no material call outs, or heights or anything on here, do you have that information? Tamara: The buildings will be approximately 35 feet on a two and a half stories, approximately 24 to 26 feet on the two stories. We've been using the high quality grade of vinyl siding. The overall design of the project and- part was driven by Mr. Peterson was that !think his reputation precedes himself as far as the quality of the product that he has done between-you know Lake Wood he's done in Boise. He was a forerunner as far as planned unit developments on his concepts and designs. You know, his Mill Creek project he has done on Overland, Lexington Hills in Eagle. (think everywhere he has gone he has left a real high quality mark in the cities that he has developed in. This project again was another one of Bryce's ideas that we develop something that took advantage of the view of Boise Front. You know, put our parking between the buildings that we didn't have large .parking lots and so I think most of the design is actually a combination of Bryce's efforts to make sure that it's done right. I think the City of Meridian if it does ever approve this project would be proud of what is going to happen. It's not a standard apartment complex and we've worked real hard to come up with a good quality product. Smith: Thanks. Asphalt shingles? Tamara: Yes. Asphalt shingles, vinyl windows, vinyl siding. Smith: When you-you're depth, let me make sure I understand your=what a two and a half story unit is. It's a three story unit that has been bermed? Tamara: The way that the uniform building code reads as far as story's is they allow that if-F believe 60% of the perimeter of the building is bermed to a certain' ..:height that allows fire protection that you can get by and call it a two and a half story. So it's considered a daylight basement as far as the uniform building code 1S.., a Smith: Right, that's done all the time around... Tamara: Yeah, it's mainly to prevent from putting fire sprinklers in. ,.~ _. Meridian Planning ~ Zoning Commission Meeting June 8, 1999 Y Page 34 ;r Smith: Okay, I just wanted to clarify that for the record that-so that the public is ~ . aware of what-is a two and a half story. So that was it. Thank you. Barbeiro: Mr. Tamara? MacCoy: Mr. Tamara you have other questions .here. Barbeiro: Mr. Tamara, in a two and a half story structure, would that be similar to, !believe you are familiar with Aspen Hills, the way that is constructed with a berm, where you` have three story's of livable but it qualifies as a two and a half story. Tamara: Yeah, exactly the same. Barbeiro: Okay, thank you. MacCoy: Half story below ground. Anyone else that-all right. Staff, where did Shari go? Freckleton: There is nothing to add. MacCoy: She had nothing to add. I thought after all the questioning she might have had something that she wanted to emphasis or underline for us here. She's f not available, okay. Freckleton: You can't think of anything Bruce? r MacCoy: Okay, all right. Commissioners, what is your desires here. Do you want to keep~the public hearing open? Do you want to close it?'You want to what? Is that permitable? Smith: Mr. Chairman, I would like to make a motion that we close this public hearing. Barbeiro: I second the motion. MacCoy: Any discussion? Ali right, all in favor? MOTION CARRIED: All ayes. MacCoy: All right, hearing is officially closed. Now it's up to the commissioners to make their decisions as to how they want to rule on this. They want to do what has been asked, request for annexation and zoning? That's all we are discussing at this moment. Meridian Planning Zoning Commission Meeting June 8, 1999 Page 35 Smith: Mr. Chairman, fellow commissioners. I would like to follow up on comment made earlier by Mr. Rossman. I will concede that maybe my comments were miss timed, however, my opinions and assessment'of this project are drawn on my professional background and experience of over 16 years of practicing architecture. They are not my personal opinions, they are my professional opinions based on my background and training. Second, I do understand what you are saying about subsidized units are totally irrelevant to the consideration of this project, however, I do think it speaks volumes to the type of quality of construction and quality of materials and etc. that will be used on this development. That I think is very relevant in our debate and discussion on this issue. Rossman: Well then ask questions about the quality of the structure and the quality of the materials used in the structure, rather than whether it is subsidized or not. .Smith: I did do that and (didn't ask any questions about whether it was subsidized. I did ask questions on the construction. So that... Rossman: I would agree with you those are certainly relevant issues. Smith: That being said, I think I made my -I just don't think it's compatible with the adjacent development and the road can't handle it. We're looking at-1 know what the uniform building code says, but they are three story units. They are not two story units, they are three story's. I don't think it's good planning. MacCoy: Okay, let's do a' little bit of thought process here if you will. If you go back and you sat on the board with us, Keith has been there at that time. We did have the discussion about the bridge area which turned into a very nice place for tighf industrial which was what the land was said for. It's been said that Franklin is heading down because our light industrial type of life along there. We've given discussion in past and approval to others across on the north side of Franklin already. The traffic is a problem very definitely and is going to continue to be a problem and increasing. We have a problem that the money is not available to widen Franklin or do our jobs as we would like them to be done. We have anon- signal area which doesn't appear to at present to be planned for a signal. We have a high safety problem at that area according to our police department, which is a great concern our Police Chief and his crew. I think Jabil coming in is going to be a help to us, because they are going to get another road out of this. Run along parallel to the freeway, but that too is going to be a problem as far as a connection going the other way. So it's not an a!I curing piece. The neighborhoods around the area are single-family. They are an acre and up type places. It's an older neighborhood. Think of the public that we will impact by this. .Think of the construction, already asked some of the questions. We've heard questions and answers to the wall and to landscaping. Just bring all these up forward to see you run them through your mind and make a decision. Meridian Planning ~ Zoriing Commission Meeting June 8, 19'99 Page 36 Smith: Mr. Chairman, I was not involved in any of those light industrial projects - around this. area so I can't speak to the decisions that were made when those were approved. MacCoy: Well the ones across the north side you were not, but I thought the one on the south you may have. ' Smith: The one on the -south was already approved. The only thing that I heard on that is one of the development of one of the sites which I felt that was kind of already forced fed on me since it was already approved. MacCoy: Well, that's probably true. Smith: I guess if you are going to put a development in at this density right adjacent to such a low density residential, you have to be serious about providing some adequate buffering there. That is not-that isn't, this project doesn't even come close to that. A six foot masonry fence is not buffering. It's just not. The buildings are as close as they can be per the zoning ordinance setbacks and some of those buildings are three stories. -They are two and a half stories from the berm around the building, but on the adjacent property they are three stories. MacCoy: And that's not buffering you're correct and we are-part of our comp plan does speak to buffering. We have discussed it as commissioners. How do you go from one level to another? You are right, there is a void in this area. Smith: 'I guess that's my-I mean, you can see all of Franklin developing and changing and the rural lifestyle in that area is changing forever, but these people have lived there for 30'years and if we are going to go in and be approving- ~ projects that are different zones and things, then we should be doing what our Comprehensive Plan says and our zoning ordinances say and provide adequate buffering and provide projects that are compatible with the adjacent development. a Borup: Mr. Chairman, I'm interested in Commissioner Smith's expanding on compatible-with the adjacent developments. You are saying it's not compatible with the industrial parks down and around both sides of it? Smith: Nobody lives in the industrial parks so I'm really not... Borup: You're not concerned there. So you are concerned about the... .Smith: I'm not that concerned about that. I mean there are some-I mean I wouldn't want to live next to them. Borup: To the industrial park Meridian Planning ~ Zoning Commission Meeting June 8, 1999 Page 37 Smith: Yeah, F wouldn't want to. Borup: So you are saying no one would want to build a single family residential subdivision... Smith: I didn't say nobody would want to. I just said I wouldn't want to. mean... Borup: So your concern is the three houses to the south of this? Smith: And south of them too. The whole are south of this project. Especially the parcels adjacent to this project. Borup: In my mind, I would like to (Inaudible) consideration down to two areas. One the project itself and then traffic as a separate issue. You had earlier mentioned construction-do you still have some concerns on the construction? You mentioned that was what you felt was a factor on type of housing. Is it any different than any other apartment complex? Smith: I wouldn't consider it to be-with what information that we've been presented I wouldn't consider it to be any high-I wouldn't consider it to be high quality. Borup: What would make it high quality? All brick? I'm not sure what else to change? . Smith: You could use masonry brick for example, wood siding, stucco,,drivot, do some-you know, mass the buildings differently. They've just (Inaudible) two and three story volumes. It's just pretty simple straight forward cost effective construction. T Borup: They probably changed their mind a little bit on the exterior of some of the earlier information talked about hardy flank rather than vinyl. So that may have just been-okay. I don't have any other questions on that. I don't know. I'm not so sure on the compatibility issue. The majority of the stuff like we already stated is industrial-commercial property. It's not compatible with acreage subdivisions, but-I don't know what we could do about that. Smith: Well, a design could be presented that addresses buffering that would be appropriate between these two types of uses. Increasing the distance between the proposed buildings and the property line. Lowering the height of those buildings that border those property lines. Increasing the amount of landscaping that is visible not only from the development side, but also from the other side of the project or the adjacent properties. Instead of just planting a six foot high Meridian Planning ~ Zoning Commission Meeting • June 8, 1999 Page 38 masonry wall right adjacent to the property. That's what the adjacent property owner is going-to be looking at is this masonry wall. - Borup: I understood from last month that was the request of the property owner to put the masonry wall in. That was why it was-originally it wasn't but that was added at a request of the... Smith: I guess I would be speaking to the proximity of the buildings to the property line and the height of those adjacent structures. Borup: That was probably a question I should have asked the architect when he was here. The topography of this land lends itself to the two and a half story units wouldn't necessarily have to be a berm. i don't know if they are planning on berming them or-that's the high end of the lot where those units are going, so it can be recessed down and be a two and a half story from the grade depending on what that'rear access. Smith: That's possible, I believe the testimony was that they were going to berm them. Borup: Yeah. Um, this comment that I have got on traffic, that's a very, very real concern, but we.are ignoring or trying to second guess ACHD and this is their area of expertise. It's not ours. MacCoy: How do you say that you are ignoring them? Borup: Well I don't know if we potentially could. ACHD does not have a concern with the traffic. Personally I, I've looked at the traffic count. We have papers in here that was passed around talking about traffic count on Locust Grove. I do live there. I travel down that road everyday and it's higher traffic count than this. My concern here and with no signalization on the intersections there, now that isn't the plan, but that would be my concern is I don't think the traffic count here is the problem as much as a signal. Because that is a through street and you. know, a signal there I think would solve the problem, but I don't know how practical that-I know that's practical, but (don't know how feasible that is in the real near future. I don't know if that question can be answered. MacCoy: I don't think I can presently. I think Mr. Sale has stated to the best of his ability what is known and you and I have attended such meetings like this. We also live in a neighborhood and we can attest to the fact of what the conditions are today. It doesn't take much imagination to figure out that by adding more people by whatever means, it's just going to get to a point where I don't know if we will ever get the gridlock, but getting close to it sometimes. Borup: Well I'm down those roads, you know, at least six to eight times a week. So I'm-admittedly I'm not there at rush hour time. Meridian Planning ~ Zoning Commission Meeting June 8, 1999 Page 39 MacCoy: You~re smart. Borup: Purposely so, probably. I'm at other intersections. Smith: I have been and that's why I don't drive down Franklin anymore. MacCoy: Is there any other discussion or do you want to come to a conclusion here? We are at a point where we have closed the public hearing. Barbeiro:. (would like to make some comments if I could Mr. Chairman. Speaking to the neighbors, first I believe that development is inevitable in your neighborhood and I think you have resigned yourself to that. Although given the choice I'm sure that you would all prefer that Locust Grove not change, not be widened that remain the country road that it is. I believe that almost everything that was discussed here tonight could've been averted if the developer had expanded his involvement with the neighbors. I do understand that he did hold several meetings with the neighbors and it was my hope that after last months meeting when we tabled this to the next meeting that the developer would take the opportunity to meet with the neighbors and see if there was an opportunity to resolve this. It is my understanding. that he did not take that opportunity. I think that in a neighborhood where the single family homes are on one acre or larger parcels it is a minimal effort to send out notices within 300 feet and nothing more. That action lends itself to believe the developer was avoiding the neighbors knowing that there would be considerable negative impact on that. It is my hope that we do not have to continue public hearings in a governmental setting when I believe when you get a number of people together around a table many of these issues can be discussed and if at that point there is no resolution, we could be- have agreater involvement in this. MacCoy: Mr. Attorney, I've got a note just handed to me from Larry Sale, since we've closed the public hearing we do not have a forum for him to be able to talk to us and the public. Should we reopen it for his ability here or is that against our code of ethics or what have you. Rossman: Mr. Sale believes, apparently he does that he has further relevant information that may carry some weight in your decision, you certainly can afford yourself the opportunity to move to reopen the hearing to hear his testimony. Borup: Mr. Chairman, I move that we reopen the public hearing to hear testimony of Mr. Sale. MacCoy: Sale onfy? Right? Borup: Yes. 7, Meridian Planning ~ Zoning Commission Meeting • June 8, 1999 Page 40 Smith: Second. MacCoy:' All in favor? MOTION CARRIED: All ayes. ..MacCoy: Thank you very much, Mr. Sale. LARRY SALE. Sale: You will have to hear me apologize first because I misspoke to you about a connection of a road to Locust Grove Road through the Jabil project. I was recalling that their property extended all the way to Locust Grove Road, it does not. So I don't know if that fact has any bearing on your consideration. A connection to Locust Grove Road is not possible till the intervening property develops between Jabil and Locust Grove Road. Again, f apologize to you and the people. here tonight. I'm sorry that I made that statement. MacCoy: Okay, to in one sense add to Larry's statement, I have sat in a committee meeting a few weeks ago, maybe a month or so ago now, that he is correct in the fact that there is a property piece missing out of the puzzle. One of the things that was discussed at that time was because the road was needed we would go for-wishing for the road to be connected and go through. We think as far as Meridian is concerned a feasible situation that we got to look into. (Inaudible) thank you very much Larry. We only have... Unidentified: i would just make one statement to him... MacCoy: Well, you could go talk to him, but you can't be on record because of this. Having heard from Larry Sale, I need a closure here. Smith: Mr. Chairman, I would like to make a motion and close this public hearing. . Borup: Second. MacCoy: Okay, all in favor? MOTION CARRIED: All ayes. MacCoy: Okay, ,now we are back to the decision to make. Barbeiro: Mr. Chairman, from the comments made by Mr. Sale, does that mean that Jabil will riot have access through Locust Grove? r3 . Meridian Planning ~ Zoning Commission Meeting • June 8, 1999 Page 41 MacCoy: No, they will have Locust Grove, that's where the problem is, till the other piece of the segment that is a frontage road next to 84 is completed. They will build their segment of it. That's what I'm saying, we're talking about doing some work to do the closure of that loop. Borup: So you are saying the property to the west of Jabil needs (Inaudible). MacCoy: That's the last link in the .puzzle. Borup: Which will tie into Home Depot and Waremart and ail that? East of Jabii is Locust Grove. Barbeiro: He did say east of Jabil. Borup: I know, !thought he had east and west mixed up. He just confused east and west, ,it already does connect to Locust Grove. It's the little section to the west of Jabil because that's an undeveloped part of the industrial park there. Barbeiro: Mr. Chairman, that would mean that the initial employee traffic flow into Jabil would be 100% on Locust Grove. MacCoy: Right, they have an access to Locust Grove and they take that to go out and go in. Borup: That was the testimony what we understood from when Jabil was approved. Also realizing that the property to the west is going to be developed. MacCoy: Well, yeah, they have, somebody has either bought it or is bidding on it right now. We are looking at trying to move that forward.. We are going to have . an additional piece that we•haven't discussed here on Locust Grove and when they build Jabil, we are going to increase that traffic immensely by the construction crews that are going up to them that way for the next year.. It has nothing to do with the item tonight. It's just the fact that we've already compounded that for them. Borup: Maybe it's final in that-I have to agree with-I think this application does meet the legal requirements for the city. If there is some incompatibility questions or problems, I think that could be met with. I've already stated what I feel about trying to second guess ACRD. If this project is denied because of traffic, that would prevent any future approvals of anything along Locust Grove south of Franklin, period. MacCoy: I wouldn't say anything. Borup: Anything that is-going to generate traffic. Meridian Planning ~ Zoning Commission Meeting June 8, 1999 Page 42 MacCoy: I think anything that has volume built into it. Borup: Well; 250 lot-subdivision is 2500 vehicle count. MacCoy: I didn't say subdivision, but I said, you know if you had light industrial which is what you have got up there already. If that is continuing on down, in that same available property, you have only traffic for the daylight hours. It isn't continuous. Borup: In my mind, the solution that needs to be there is traffic on-I don't know that we can approve that contingent upon a traffic light going in. I don't think that's going to do any good, but that's probably my major concern. I-would like to see a traffic light there. I think that would solve... Smith: My major concern is the project as presented doesn't have anywhere near adequate buffering between, the existing residents and the proposed development: In my mind that is enough to deny it. Borup: I wish we would've maybe gotten some additional testimony from the Robenson's on what type of buffering that they would like to see. MacCoy: I think it's a little deeper than that with Commissioner Smith. Rossman: Mr. Chairman, I believe we are still on the public-application for annexation and zoning. There still will be a continued public hearing for a conditional use permit assuming that there is an approval of the annexation and zoning. MacCoy: That's true, but I'm trying to get the annexation... Rossman: Unless someone wants to consolidate, but this would not be the time to do that. MacCoy: No, it would not be. I see very closely joined together. So if we do not agree with the R-40, we have really put the thing in a different ball park. Barbeiro: With regards to the traffic as we have discussed here, Commissioner Borup wanted to make note of Meridian School District, from Jim Carberry where he said we are concerned~with the amount of traffic on Franklin Road. At times our buses have a difficult time turning onto Franklin Road from Noia Street. MacCoy: Are you familiar why? Because that's what the barn is. Barbeiro: There is the addition of traffic onto Franklin and of course there is Jabil goes up there is going to be 100% of Jabii traffic going up Locust Grove. There is the traffic running right in front of Nola also. There doesn't appear to be a Meridian Planning ~ Zoning Commission Meeting June 8, 1999 Page 43 resolution on this with regards to how ACHD can't correct as quickly. That is not going to happen... MacCoy: No, that's not going to happen. Barbeiro: We .have established that. MacCoy: It may happen faster than five years and so on, but it's not going to be t quickly. Barbeiro: With regards to shall we say impassioned speeches that we have heard here today, 1 wanted to speak to Mrs. Roberson, is that right? Very well thought out and very well organized and a very compelling set of-you do speak well, regardless of how you wanted to present yourself, you do speak very well organized. I couldn't take notes fast enough to ask you questions. The items that she brought up are completely valid. Again I would want fio reiterate that many of these questions and concerns could have been averted and if the developer had made a concentrated effort with the neighbors. I do believe that he did make an effort, but there could've been much much more involved in this. With regards to Mr. Peterson, his project at Mill Creek and Lexington Hills, I must say that Lexington Hills is probably the finest development that is in this valley. I believe that the neighbors would probably love to have a Lexington Hills development, that style of development in their area. Unfortunately this development does not fall into the scale of Lexington Hills, although the thought process and the planning and your experience in those do deserve acknowledgement here. Again because of Mr. Smith's comments about the compatibility and a concentrated compounded effort on the neighbors to seek out their neighbors and discuss this with them. The neighbors came together to discuss this, there were opportunities for other inputs within the neighbors that were not taken. advantage of. I have no further comments Mr. Chair. MacCoy: Thank you for your comments. Okay, discussion is completed, are winding down here. Are we ready to make a... Smith: I don't know how we could cover it anymore. MacCoy: I don't either, but I was just leaving the door open for you Borup: Again as council-has reminded us, this is for annexation and zoning. MacCoy: You knew that anyway. Borup: Yes, I think we have a tendency to forget that a little bit MacCoy: Well, we keep bringing it up. Meridian Planning ~ Zoning .Commission Meeting June 8, 1999 Page 44 Borup: If this is not an appropriate zoning, what is? MacCoy: That's what your point is. , Borup: Industrial? MacCoy: Well, it's a RT right now, it can be a CG or it could be something of that order. I don't think it's an R-4. So if you-particularly... Borup: Well, the application is for R=40. MacCoy: That's what you have to look at. Borup: That's what we have to vote on. Smith: Well I guess sooner or"later somebody is going to have to make a motion. I think I will go ahead and stick my neck out and-Mr. Chairman, 1 would like to make a motion that we recommend to City Council denial of this application for annexation and zoning. MacCoy: Do I hear a second? Barbeiro: Second. MacCoy: Discussion? !f anymore? Borup: Again, this is just annexation and zoning. MacCoy: Understand that, for R-40. Borup: I don't think it's out of place for an R-40 zoning. This may not be this specific project for that area, but I think that's an appropriate zone and has been requested by the property owner. MacCoy: Call for a vote. All in favor? MOTION CARRIED: All ayes. Barbeiro: I need clarification. Commissioner Smith said to not recommend. A yes vote would be to not recommend. ,-,. Rosman: Recommend denial. Smith: Recommend denial. Barbeiro: Ayes vote would be to recommend denial. Meridian Planning i~ Zoning Commission Meeting June 8, 1999 Page 45 MacCoy: All in-favor of the statement? MOTION CARRIED: 2 Ayes, 1 nay. MacCoy: Two votes for yes, one for no. Mr. Attorney complete the paperwork to-per the request by Commissioner Smith. ITEM NO. 6: REQUEST FOR CONDITIONAL USE PERMIT FORA MULTI- FAMILY 96 UNIT APARTMENT BUILDING FOR PROPOSED COBBLESTONE VILLAGE BY IONIC ENTERPRISES-SW CORNER OF FRANKLIN RD 8~ LOCUST GROVE: MacCoy: Since we have just denied the R-40, Mr. Attorney? Item No. 6, we just denied the... Rossman: I don't think there would be much use for a public hearing on a request for conditional use permit when annexation and zoning has just been denied. MacCoy: We are going to have to make a statement here though for Item No. 6 so we can close the book on it. Rossman: What kind of statement do we need? I guess the commissions decision is implied or expressed from it's decision on the annexation and zoning and we will include that in the recommendation to the City Council that because of the decision on the annexation and zoning it was not addressed as to whether or not a conditional use permit was appropriate. If the City Council believes that they want to approve the annexation and zoning despite your recommendation they should send it back down for a public hearing on the conditional use permit. Let's have that issued addressed first and if necessary we'll address the conditional use permit later. So I would recommend that you table that particular matter until a determination by City Council on the annexation and zoning. MacCoy: That's what I want to hear you say. Smith: Mr. Chairman, I would like to make a motion that we table item no. 6 pending decision by City Council on Item No. 5 request for annexation and zoning on this Cobblestone Village. Borup: Second. Smith: Well, I can't table to a date certain until I know when they are going to act on it. Really, unless that's what I need to do. Meridian Planning a~oning Commission Meeting i ,. June 8, 1999 Page 46 Rossman: No .need for a date certain, but' Mr. Berg is correct. The proper language is continuation rather than table. Continue it without a specific _ designation of time. Smith: Then my motion to say continue in lieu of table. Borup: Second. MacCoy: AN in favor? MOTION CARRIED: All ayes. MacCoy: The public has vanished on us here. I want to say thank you for the publics turnout because that is the way we make decisions. As you can see it was not an easy one to come up with. We still have thoughts in our mind sitting in this chair up here that we'll live with for some time to come. All right, it is 9:30, we are going to take a ten minute break here. Promise we will be back at it again. (BREAK) MacCoy: We are under the gun, we have another half agenda to go through tonight..lt's almost 10:00 o'clock. By ordinance of our city, this board meets, can meet twice a month. We already have our second meeting scheduled June 17, it's full. Our Juiy meeting is full. We are working toward August, that's how much ' material we have to go through. We try and do the best we can, I apologize for the length of this part that you've just seen... (END OF TAPE) MacCoy: With the threshold of the city and everything that people would like to say and tell us, we are the ones that receive it. The material that we send on to the council is the same material, but we also give them a summary as to where we've been. This is where the work horse is. I don't know if any of you know that, but we are not paid and we do this as a part of-we are appointed and-but we are all professionals and this is a job we do day in and day out anyway during the daytime. .ITEM NO. 7: PUBLIC HEARING: REQUEST FOR ACCESSORY USE PERMIT FOR A FAMILY DAYCARE CENTER FOR FIVE CHILDREN OR FEWER BY LETICIA D. VANCE-1991 SOUTH COVEY PLACE: MacCoy: We will now open this public hearing, but first staff, Shari, comment please. '_ ? F' ; i ~` Y MERIDIAN CITY COUNCIL MEETING: JULY 6, 1999 APPLICANT: IONIC ENTERPRISES, INC. AGENDA ITEM NUMBER: 12 REQUEST: ANNEXATION & ZONING OF COBBLESTONE VILLAGE AGENCY COMMENTS CITY CLERK: ~ SEE ATTACHED MINUTES & INFORMATION CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: r SEE ATTACHED RECOMMENDATION 1 CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: ~ - REVIEWED CITY BUILDING DEPT: CITY. WATER DEPT: ~ SEE ATTACHED COMMENTS MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS :•ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: / p IDAHO POWER: G J~ US WEST: A-~ G`~- INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. - • • Meridian Planning and Zoning Commission May 11, 1999 Page 60 MacCoy: All in favor of the motion? MOTION CARRIED: All ayes. MacCoy: Okay, all ayes have it thank you very much, thank you for coming sir. ITEM NO. 5: CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 6.15 ACRES (FOR R-40 ZONING) FOR PROPOSED COBBLESTONE VILLAGE BY STAMAS CORPORATION 1 IONIC ENTERPRISE INC. -SOUTHWEST CORNER OF LOCUST GROVE ~ FRANKLIN: Stiles: Mr. Chairman, commissioners we did also receive a revised site plan I believe Friday on this project. It appears most of our comments were addressed. We did get a letter from Ada County Highway District today stating that they were not asking for the 60 foot right-of-way on Franklin, they were going to stick with their 48 foot requirement. The applicant has. indicated his desire to use that portion of the Five Mile Creek incorporated into his project as an amenity. There are-they have incorporated some trash enclosures, they do show two on the site. They've indicated that number is based on their desire to limit the trash areas because of the aesthetics of those areas. They would need to coordinate that with sanitary service and see if that was going to be adequate for the project. The other major issue that I see remaining and that I'm sure the applicant will address tonight is the buffering of the adjacent residential use. (Inaudible) Parking clear to the property line and with the two story structures within. five feet of the property line which would not meet fire code requirements or building code requirements, I guess. With those remaining issues, we would like you to consider the rest of our comments and include those as conditions of the applicant or this development. MacCoy; Bruce do you have anything? Freckieton: Mr. Chairman, members of the commission. Just looking at the utilities as proposed, the applicant will be required to comply with the to and through requirements along Franklin Road and Locust Grove Road, that meaning that water mains would , have to be extended along the entire frontage of the project in those two roads and the sewer would also be extended up Locust Grove, their entire frontage. That was-Shari had one other thing. Stiles: One other thing that I've noticed on this plan is the sign is shown in the future right-of-way, that would need to be relocated onto the property and we would need to review the details of that signage as well. MacCoy: Is that it? !s the applicant here? Would you come forward please? ~ ~ Meridian Planning and Zoning Commission May 11, 1999 Page 61 BRYCE PETERSON, 1104 E. BRIGHTWATER, BOISE, ID. Peterson: I am here representing the Stamas Corporation and Ionic Corporation which are applying for this application. Just to give you a little history, those two corporations are owned by my daughter and her husband, Paul and Debbie Stamas and they are out of the country right now, so I'm speaking for them as best I can. If I may, with your permission, put a drawing of the project on the wall over here. We have been planting grass as the hearing has been going on tonight and didn't quite get it all done, we will continue to plant that grass and get it ready for you. This is a project, that has been proposed--this is a project of 96 units that are being proposed on the property located at the southwest corner of Locust Grove and Franklin Road. The property as you may recall is the property owned by-you might know it better as the property owned by Monty McClure. It has a slope from the southwest to the northeast toward the intersection. I have designed this project in a way to take advantage of the views. We have placed as you might note by the site plan, we have placed all the buildings on the contours and they all look forward to Deer Point. This is not a double loaded project. It is a single load looking straight forward to the northeast. It I think is well designed, I enjoy using water in my projects and as Shari had indicated we are liking to use a water that is already existing on this property. We have read the staff report and concur with all the requirements. In an effort to keep this as short as possible I will stop my presentation now. If you have any questions I would be happy to answer them. MacCoy: Commissioners, do you have any questions for him? Borup: I have none. De Weerd: The staff mentioned a couple of things, the structure .setbacks and I guess was curious as to what-how you were buffering the south property line. Peterson: Mr. Chairman, Commissioner De Weerd, I would be glad to answer that. I propose to put a masonry fence on both the south and the west boundary. It will be 'six foot tall. We are planning to add additional landscaping as of this afternoon. More than what we show now. We will give you a more definitive landscape plan. Also, since this afternoon, we heard that ACRD was loosening up their requirements on Franklin Road that will allow us to spread the project back out again as we had designed it earlier and we'll be able to accommodate any setbacks that are desired along the south boundary. MacCoy: What do you mean by loosening up your requirements on that? Peterson: As Shari indicated, she received a letter from ACRD today saying that they no longer were requiring 60 feet on Franklin Road from the center line, they were requiring only 48 as they had originally told us. We had-when we got the word about 60 wide we tightened it up on north and south and now that we've heard that they are -. /~ i,-' ``~ Meridian Planning and Zoning Commission May 11, 1999 Page 62 going .back to the original one we will redesign it again, loosening the project up, giving more setback from the south property, line. ~F MacCoy: Let"me ask Shari. Shari is that-Franklin Road has been earmarked for five lanes, is that going to take care of it? Stiles:.Forty-eight feet from center line is what they typically require on those section line roads. i want to make sure I'm looking at the right plan here. This latest sight plan I have only shows 48 feet from the center line. Peterson: Mr. Chairman,. I would like to apologize to Shari and staff for the late arrival of this site plan. It is -not my way of doing business and I am truly sorry that it happened. If the one that she is looking at is the 48 foot center to the edge of the ;i property, then that would show the setbacks as we had originally had intended to make it. I think that with this additional 12 feet given back to us that we will have adequate room to do what needs to: be done there. .~ MacCoy: I°m.just concerned because I've been in meetings for~months about the Franklin Road being expanded to three to a five and so on. _ ° . Peterson: Mr. Chairman, this letter that we got today is still;vret. MacCoy: Well, it may be, but.... t t i a Peterson:.Jt may well be~changed tomorrow because'it was,changed yesterday. MacCoy: We've just done. Franklin Road from,l s~.to Linder and that's~being carried through all the way back into Boise., Welf anyway,.. we will let that one fly for he,time i being. Any,other questions from.the.commissioners? - ~~, ,~ Barbeiro: Mr. Peterson are these intended to be units for sale or for rent? . ~,. , . . ~t Peterson:: Mr. Chairman,. commissioner; they are for. rent, they will~not be sold. This application is,for an :apartment project, apartment house,and will not be a townhouse'or condominium. ~ ~~ ~i ~.. Barbeiro: !s there any plans to have this as a subsidized housing unit? ~~ ~~, 0 Peterson:- It will depend a little bit on how the financing is arranged.~~There is not (Inaudible) there is,nothingxlike that involved. However, if bonds.are sold to finance~it, that is-as a matter of fact, that is~what my son and law:are doing right now in Washingtor.DC, if bonds are used, there will be a requirement to have some of the units°at.a.certain figure and that'certain figure is market rate in Boise, because they r ~' ~.~.) Meridian Planning and Zoning Commission May 11, 1999 Page 63 figure they allow is only so high. I want to be honest with you, that there will be a ceiling on some of the units, but that ceiling is equal to market. Would you like a further explanation Mr. Chairman? ,. MacCoy: I know what you are talking about. Is there any other questions for the applicant`: right now?" De Weerd'. Not~right now. MacCoy: I would like to ask if there is anyone "in the audience who would like to speak in favor of this project, come to the podium right now. J1M BOYD, 9272 CHELAN AVE, BOISE, ID. Boyd: I represent the property to the west of this proposed development known as the Medimont Subdivision, it's a light industrial subdivision. I know myself and Mr. John Barnes the owner of the Medimont Subdivision have visited with Bryce Peterson and I think that as I've heard him say this evening that he plans to put a block wall on the west side of the development as well as the south side, Ithink-I appreciate that comment and in doing that I think it provides an excellent buffer between the multi- family development as well as the residential. It also provides an excellent buffer between the family residential and the industrial uses. I know when we were-before you, several months back on the industrial, there was concern in requirements to have a buffer between the industrial and residential and one buffer was a 20 foot strip of densely landscaped area that in a few years those trees will have grown up to create almost a hedge, because I think they were 15 feet apart to create that buffer between the industrial and residential. Ithink going the extra with the block wall provides that buffer as well, so I appreciate what he has done there and support the quality of work and I think it wilt be a nice project for Meridian. MacCoy: Thank you, any questions for this gentleman here? Okay, thank you very much. Anyone else like to speak in favor of this? Anybody else? All right, lets change the tide to those who are against this program right now. Do you want to get up now? ALAN FOX, 1840 CADILLAC DRIVE. Fox: My comments here will also tie into six, so I won't have to get up again. Rezoning this so they can build apartment buildings is going to be nothing but chaos. You try and get on Franklin Road at 7:30 in .the morning. If you are heading east you have a long wait, I've been backed up, or my wife has been backed up to north Nola, which used to be Locust Grove. Can you imagine from there with a stop light to try and get to Eagle . so you can get out. You can't. You allowed a trucking outfit to go down in on Pine, used to be called Pine and Nola, those come out and go east. They come in from the • ~ Meridian Panning and Zoning Commission May 11, 1999 Page 64 east. This right- now, if you rezone it, this is worse than 65 homes that they wanted to put in on this 6.5 acres and the 13 which industrial park that he was talking about, which they tried to come in with first. They wanted to put 65 homes in that area. That was shot down and went to industrial park and left this corner open. Just up the road from this on Locust Grove is 80 acres, which has been sold and I've been told by a fairly } reliable source that they want to put three homes to the acre on that. So if you take those homes plus these 96 units which is going to come up in 96, I won't be able to get out on Locust Grove down onto Franklin. There is all sorts of computer manufacturing chips that has been authorized to go in at Locust Grove and the freeway. They want to start off with by what the newspaper said with 504 employees and raise that up to 2,000 employees. All of those employees will use Locust Grove to come down to Franklin, it won't go across Stoddard and go out that way. So there is more traffic on a dead end road there is only one way out. The housing this apartment building is not compatible per say to the housing that is in there. Just up east on Franklin you have Green Hill's up there which is a one acre subdivision. I'm off of Locust Grove on Bentley and Cadillac which is back in to the east of Locust Grove by the Freeway, those are all one acres. You have people right next to this 96 units so if they want to rezone so they can put in, they are on two and two an a half acre lots. Everything around there is housing, except for the industrial park land, this apartment building will not fit in with the type of housing that we have and keep our values up. That's about all {'ve got. MacCoy: Any questions for him? Barbeiro: Mr. Fox could you show me on this plan, approximately where you live here? Fox: I live down about right here. No, excuse me on this side. Off Locust Grove, make a left on Bentley, the subdivision that sits off (Inaudible) and it's about 200 yards beyond Bentley is the dead end at the freeway, that's where the computer chip manufacture is going to go to the west that they are building. Barbeiro: We are not referring to Jabil? De Weerd: Yeah. MacCoy: Yeah we are, that's what he is talking about there. Alan you are aware the fact that Franklin is going to five lanes and Locust Grove is also going to go to five lanes and that is in the near future because of... Fox: I don't think it's near enough, they will have the apartments built and we will still be wondering. When I moved in there in 1972, Locust Grove was going to cross the freeway too, that's been 27 years now and it stiff hasn't crossed the freeway yet. • Meridian Planning and Zoning Commission May 11, 1999 Page 65 MacCoy: That's true, but we in Meridian have not had our share of action until this past year when we had a team of people from the city that have really put our heads together and put our shoulder to the wheel sort of speak and I've just seen the latest ACRD and the Idaho°Transportation Charts and the first page is over half of those are Meridian jobs to be done within the next few years here and that's where the money is going to go. We are going to get an overpass at Locust Grove and we've got one down the road which will be at Linder, we are asking for a lot of things now and we've gone through all the hoopsµand channels and has riow come dowrrto the final antl-we' are still on top ~of the list now. ~" Fox: We may be, but I sure~would like to see this put on hold until we .are five lane both ways so the traffic is eased. 'Like I say'in the morning and evening when 1 come home at 6:00. ~ .1 MacCoy: It's a mess. :~. Fox: If I gef~(Iraudible) behind the trucks coming there`, he has a hard time making a corner, especially the truck with trailers. If there is cars parked there, to come around and make it„go down north Nola so he can go into the truck depot down there at Pine. and Nola. MacCoy: We've tried to get Oak Harbor to move out on;Frarklin°so they had direct y . (Inaudible), but they didn't want to do that. .° { r# `Fox: That's a big tie up, a big tie up on that road right now. ~ ~~$ MacCoy: Okay, thank you. Anyone else that wants to -get up andspeak on the negative side here. ROBERT R. SMITH, 335 S. LOCUST GROVE RD. R. Smith: I own two and a half acres that's approximately south of that probably three 'acreage's. I agree with what Mr. Fox has said and I have voiced this to Mr. Peterson° when we met with him earlier. First of all you try and access 96 cars coming out of their on the corner of Franklin~ar"d the"corn'er of Locu"st Grove~when and if they ever become "five lanes, which also I'm a resident aril my frontage is two and a halfracres and no one has approached me to buy any right-of-way for-this access.When we talked to Ada~° County earlier this spring when Jabil` made their 'road cut out onto Franklin, they are not aware of Locust Grove ever being'widened for the nexf 15 years they said. in their planning, nor Franklin. Franklin is to be'wdened first of all from Five Mile to Cloverdale in the next proceeding-that they tell us about. Secondly, when all this traffic is trying to` turn in and out of there, the nightmare becomes as bad as it is right now at Eagle Road and Franklin where they are building this complex there on that corner that you can't i o have passed times out there, he has never been with me. I was-we were supposed t 1y Plant, Archie Roberson, Reece McMillan, Ted Hanson, Gene Presley, Ernie Roberson, Jeri Smith, all having testified in opposition and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT I. The notice of public hearing on the application for annexation and zoning was published For two (2) consecutive weeks prior to said public hearing scheduled for July 6, 1999, before the City Council, the first publication appearing and z~vritten notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (I5) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the July 6, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with aiI notice ar~d hearing requirements set forth in Idaho Code §§ 67-6509 and 67-65I I, and §§I I-2-416E and l I-2-4I7A, FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 A.1~1D DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZOIVZNG/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE. SOUTHWEST CORNER OF LOCUST GROVE AND FRAivICt,IN ROAD ~ • t* IVlunicipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and alI current zoning maps thereof, and the Comprehensive Plan of the City of ~tileridian adopted December 2I, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. ~. The property «rhich is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if .set forth in full. The property is approximately 6. I5 acres in size. The property is located at the southwest comer of Locust Grove Road and Franklin Road, ~'~Ieridian, Idaho. ~~ .~ ~ w~..41-~ skate ~,~~ ~ ham. ~ ,,..~.. d~ k.,. c.+~~C~,.~-~~ ~ 5. The Applicants, Stam ~ ~ ~ hi ~u onzc~ me ns~es~nc~~ ~ , ~• ` ~f r't~ rp > 0 1 terra Gate Plaza 3558, Roseville, California,a~-tee acting on behalf of the record owners of the pzoperty Monte C. and Beverley J. McClure of 2626 W. Penick Pointe Lane, Meridian, Idaho, and has filed a written request for annexation and zoning. 6. The property is presently zoned by Ada County as Rural Transition (R- T), and consists of a vacant single family dwelling. 7. The Applicant requests the property be zoned as High Density Residential District (R-40). 8. The Applicant has requested the annexation and this zoning, and the FINDINGS OF FACT A.ND CONCLUSIONS OF LAW -Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRA.1~1I<.LIN ROAD • • Meridian Planning and Zoning Commission May 11, 1999 Page 66 access in and out of it while that traffic is backed up at the time early in the morning and late in the afternoon when the traffic is coming by. I don't care if you've got a 15 -lane road, you are not going to clarify that on those corners when you let this kind of thing happen. It gets too congested and too complex at the time. Secondly, Mr. Boyd made a comment, we fought severely to get a block wall to isolate us from Mr. Barnes project. It was never done, now he compliments Mr. Bryce about this nice block wall that he is going to get from his people and that beautiful landscaped piece of junk that we've got behind our homes I would like for you to come out. I've asked the mayor many times to look at it. We were supposed to get six foot trees and back of my place they just planted three foot. They didn't excavate or take care of it, they hydro-seeded it, they won't mow it or take care of it. We are continually fighting with you people to get out there to police that and we got it mowed twice last summer. The weeds got over six feet tall, we've got weeds in our yards, all over, we fought and fought. This is what happens, you guys get the ordinances out there, but nobody polices it. We have to police it as citizens and you impose all this on us~and aggravation of what we have to go through. It's been a real bad joke, I'll tell you. We are not happy about what you have imposed on to us. I notice tonight with all the opposition to what happened before, you all agreed to go ahead with what happened over there at the golf course. We seem to never get you to listen to our side of the story when we bring up all of these problems that happen to us. I live there for 35 years and all of a sudden you are imposing a lot,of problems on me through your-we've reasoned with them to stop the problems and it never happened. Thank you. Barbeiro: Don't leave yet Mr. Smith. R. Smith: You got some shots? Barbeiro: Oh no, I did want to comment that after I had my discussion with the gentleman that made the impassioned plea with regards to the golf course that the notes that were on the conditions were satisfactory to him. So, those notes-you were not aware of them, nor were the other members once I showed him those notes, as well as those that were read, he was satisfied with that. So it is not correct to say that we did not listen, if the man who represented the tenants group and was the most impassioned was satisfied with it, certainly I think that is satisfactory for everyone. R. Smith: Well we have never had them listen to us and we've been here many times with these very problems l'm talking about. Barbeiro: With regards to... R. Smith: The development of Medimont No. 1, we fought that, he is now adding a second portion of that. I've called the mayor three times, he is to meet with me three times out there, he has never been with me. I was-we were supposed to have passed • • Meridian Planning and Zoning Commission May 11, 1999 Page 67 as water master on that irrigation ditch, the agreement of the irrigation system that was supposed to be put in to be taken care of us. We never got that passed, we never met with-Gary Smith was supposed to come out with Gary Lee, it never happened. We've tried and tried to make an agreement and now they say it was passed 100% or 87% passed, we found out the other day and we wrote a letter, a registered letter back to him. All of us that were on the ditch were not in agreement with the way the irrigation system was put in. Barbeiro: I have little doubt that your_passion and mannerism were done correctly. Those items are apart from anything that myself or any of the other commissioners can address directly. Although I will acknowledge the past and the opportunity here for you to address this to everybody, I don't doubt that this. will come up again and again and that we need to get those things taken care of within the staff of the city. On this particular item I wanted to address more of the questions that had to do with traffic flow. You say that you have two and one half acres south of this existing project. What are your plans for your land and how would you use your land? Would you wish to develop your land or would you wish to have anything done with your land... R. Smith: I want to live there-I wanted to live there and retire there, but I am forced now to look out further and I want to get out of Ada County from what I'm seeing happen to my-I've lived in Meridian my entire life. I've never seen such a mess as what has happened in Meridian. Now it's being imposed on me, I thought I was kind of in a pretty good comfort zone. The interstate wasn't in out there when I built. It was nothing but farm ground, an entire mile, an entire section was nothing but farm ground at the time- that I built out there. It's transposed into all of this, plus what Mr. Fox said, Jabil is now going in there, that traffic pattern is going to increase at such a rapid pace that the roads aren't going to catch up, they are not catching up anywhere in Meridian. I happen to know from a very good source, I've retired from Idaho Power 40 years of seniority as a line crew foreman and I know a lot of what is going on around here. I'm now a consultant for H & H line construction. I know that Ten Mile is the priority to begin with, once those dollars are spent, it's going to be awhile before anymore dollars are going to be spent to enlarge any of these other roads, because the dollars are just not there. So what happens next, we probably are going to be faced with what he is saying with the traffic congestion on Locust Grove because it is an old two lane road, it doesn't even have a center line. We have a problem right now with speeders on it. There is a 35 mile per hour speed limit on it, I'll guarantee 90% of the people travel anywhere from 50-60 miles per hour by the time they go by my place. MacCoy: We can't control... R. Smith: I absolutely agree with you, but the traffic flow gets worse. The traffic pattern becomes worse and again there are other developments going in. ~ • Meridian Planning and Zoning Commission May 11, 1999 Page 68 MacCoy: Well, we are working a lot of things. We understand you, but we've got to move on in this project right now. Thank you. Borup: Mr. Chairman, just a question for Mr. Smith. What do you feel would be an appropriate development for this property? R. Smith: That's not my call, that's (Inaudible) by you people every time. That's not my call, if this project exactly what he said was turned down, two years ago by the Planning and Zoning and also by the school district, because they didn't feel the influx of children they could handle from just this kind of a project right on that corner without building more schools, so they turned it down two years ago. Borup: Who turned it down? R. Smith: The Planning and Zoning did. Borup: Yes, I was here. R. Smith: You are the only one left here. MacCoy: No, I was here. R. Smith: You were here and I think he was too. (Inaudible) R. Smith: But that happened and that was what turned the tables on it. Borup: So you are saying you should leave it bare ground? R. Smith: Until those roads are made different. I'll tell you, the complexity of what is happening there isn't funny. That's why I say you are getting the cart ahead of the horse. MacCoy: The unfortunate situation that we are faced with in all of our communities is that ACRD will not increase the road or improve the road unless you have 65+ percent of the ground utilized with people, not farm land. So if people that sold their operation for Jabil decided to keep it in farm land, we wouldn't have had them here either. So a lot of your compadres have been selling and that's where these people are coming from, use that land for other reasons. That's what makes ACRD work is when we fill up the land, we collectively people wise. R. Smith: Thank you. ~~ `~' f ~ Meridian Planning and Zoning Commission May 11, 1999 Page 69 JIM WITHERELL, 215 S. LOCUST GROVE, MERIDIAN, ID. Witherell: I have aydifferenfi (Inaudible) to take on this. The neighbors-are sort of- usually we are in here as a block and opposing it. We are sort of fragmented now, because this has some~excellent points and it's got some very bad points. Ttie bad points for us being that concrete wall is our fence, or the masonry. fence. I'd like to know more about this; we've had two meetings with him now. Things sound good, but then I find. out it's not`section 8, but it's going to be subsidized housing, or a chance of subsidized housing, that hasn't come up. He also said that-he did agree to the masonry fence, but how far is the setback, he didn't know the last time we~ talked to him. When the original high density was put in there, was requested for in there, they came up with a masonry fence right on the property line, Shari skinned them alive. (`don't ' know what the setback is supposed to be. Can we ask for continuance this is more settled down, just for another meeting? (END OF TAPE) Witherell:... For sale condo's. There is a beautiful piece of engineering and landscaping, but it's so dense right next to one acre, one and a half acre houses. Those are my only comments. MacCoy: You had good comments. Thank you, anybody like to asic him anything?' Borup: Yes Mr. Chairman, Iwasn't-sir I wasn't quite sure on your question on the masonry fence. Witherell: On the original plan that was presented, it was actually five years ago. They were going to put a masonry fence down the west side all along the residences. Shari said they can have a masonry fence, but it had to be setback 20 feet from the property line and be part of the transition. This is again right on the property line. I don't know what the transition is. As of last night when we had our meeting with the developer,'he didn't know yet either. Borup: So you- are saying the fence is too close to the property line? Witherell 1 think so, it's not my property line though. , MacCoy: While you are standing right there, Shari do you have anything to add to this? Stiles: Are you talking a 20 foot setback from Locust Grove Road? • • Meridian Planning and Zoning Commission May 11, 1999 Page 70 Witherell: No, Preston had-Preston whatever Subdivision Mark 3, he was going to put a concrete or masonry fence along, next to the residences that it abutted. You said he had to have a 20 foot setback, the fence could not be right on the property line. Stiles: We did ask for a planting strip between the uses. Similar to what we've done with the Medimont and by the way just to respond to Mr. Smith, hopefully Mr. Boyd is working with the developer to try to get these issues taken care of. We have written them a letter and our next step will be citations in court. So they have pretty good incentive, it just does take some time as far as that is concerned. My biggest issue with this is buffering of the adjacent residential. Obviously five feet between the property line-from a property line to a two story building does not even meet building code. So there is going to have to be some revisions to that, whether it's going to be actually 20 feet.. . Witherell: I guess that's my point because they said. it had changed again today because of the ACHD easing up on it, the pressure on the front end of it. He doesn't have to compact them quite so much now., So we, the effected parties don't know actually the layout of it at the present time. Stiles: Actually they don't have the extra 12 feet. The latest site plan that we do have only shows 48 feet. So there is no leeway in there. They're just meeting what we've asked for is the 48 feet from the center line, plus an additional 35 feet for a landscape setback on Franklin and Locust Grove. So... Witherell: So the landscaping buffering is still an issue then? Stiles: Yeah, I think that's probably in my mind the biggest issue is the buffering between the single family residents there and the high density there. I was hoping that more of your neighbors would be here tonight to indicate how your discussions had gone and... Witherell: We are all here. Stiles: All of you? Withere{I: All effected parties except my wife (Inaudible). (Inaudible) Witherell: Same old... Stiles: Okay, I didn't see the Robertson's up here. • • Meridian Planning and Zoning Commission May 11, 1999 Page 71 Borup: That was all. I just needed clarification on that, thank you. Witherell: My only parting remark is that developers have been offering us cookies for years. -For the first time, Bryce gave us some and we ate them. Rossman: Where are ours? MacCoy: Anybody else who would like to make a statement now? Nobody else wants to get up? JERI SMITH,. 335 S. LOCUST GROVE. J. Smith: We were in, as far as Shari is concerned, she said two story buildings. Now there were three story buildings discussed, has that been changed? She said two story, but the developer was discussing. The footage has been changed, perhaps they have changed it? Stiles: Profiles, the elevations that were submitted with the application and are part of this process are two story. J. Smith: Oh, all the buildings are two story now? Stiles: I don't see-perhaps the applicant should get up and clarify that. What I have in my packet is two story buildings. MacCoy: Anyone else? Okay. MARIE ROBERSON, 185 S. LOCUST GROVE ROAD. Roberson: We have the property next to where they want to put this Cobblestone Village. I guess I'm not clear on what you said the ordinance is for the setback. Is there a certain feet, 8 feet, 10 feet, .5 feet, what is the... Stiles: Without a determination from the building inspector as to what he is going to consider front and rear on this, because of the way it's situated. The building code would require a minimum of five feet per story for fire wall issues and the construction that they would have to have there. I can't give you an exact answer about that because I don't know what he is going to consider to be the rear and the side on this property. Roberson: I think it was going to be-a quarter of that was going to be five feet from the masonry fence. I think one of our concerns also is the fact, what happens when we decide to sell our property if there are only five feet from the masonry fence? Where • • Meridian Planning and Zoning Commission May 11, 1999 Page 72 does that put, is that going to be okay and if we have to go five feet on our property, will the buyer for our place be happy with that, is that (Inaudible), you know what I'm saying? Do we need more of a setback than that? Apparently there is not an established amount of feet. Stiles: it would depend on what zone you were requesting, what your overall plan was, as I said, the five foot that they are showing from the property line now can't be done, they are going to have additional room between that property line and the building to meet fire code requirements. I just don't know exactly what those are, depending on what zone you are in. The single-family zone, if you had like a R-4 for a subdivision, it's a five foot setback per story from a property line. Roberson: Okay, that's not very much. Thank you. MacCoy: Anybody else? Do you have anymore statements staff? I guess not, okay, commissioners? What do you want to do? De Weerd: Mr. Chairman, you were mentioning the time frame with the street improvements for Franklin and Locust Grove, what are those time frames? MacCoy: Because of-you speak of Locust Grove, Jabil is going in right away. They have told us that Locust Grove will be-has to be redone within the next two years because it just wont stand it, the trucking will kill it. It's also going to be too small, it's a two.lane road. By the standpoint of Jabil coming in, that is going to force ACHD to do something now, instead of doing it five to ten years down .the road, which they had planned on doing. So we move forward, we are continuing to hit hammer on the fact that we need this stuff now, and you know, give us the money for this. De Weerd: Well, I'm concerned about the south property line and the setbacks and the amount of buffering there. I am concerned about the density before the road improvements are made. We put in Jabil and I think we are expecting too much from that roadway. I would be against-I think this is a great proposal and if those streets were already under construction with the improvements, I would be in total support of it. But at this point, I can not-I personally can't support that. The traffic is really bad out there. So you have heard from me. Barbeiro: Mr. Chairman, I must say that Mr. Fox and Mr. Smith did present a very good argument. The idea that a 65 home division was rejected and now they are putting in 96 units is incompatible,;that amulti-family unit is going next door to an established industrial is incompatible, that amulti-family unit is going into an area with one acre or more home sites is incompatible. That amulti-family is going into an area where an industrial Jabil complex will be is incompatible and that the existing traffic and the addition of no less than 300 trips per day from this spot is incompatible and that the • • Meridian Planning and Zoning Commission May 1~1, 1999 Page 73 Meridian School Districts recommendation against the 65 homes would then also show that this is incompatible with this multi-family and I can not approve this in good conscience. Borup: I think just clarification for Tom I believe that 65 unit was a manufactured housing project, not a stick built housing project. My recollection seemed to be a major objection to that was for that reason. Barbeiro: It was not the number of units, but the type of units? Borup: That was my recollection, a lot of the big, I'm sure the number was a concern too, but it was an upscale mobile home park. MacCoy: It was a number of things where they're just not there. The total complex was not compatible with what we wanted to-see. De Weerd: Just for clarification, the school district did recommend against it, but they have not done that on this proposal. Borup: They recommended to approve this one, isn't it? MacCoy: Yeah, I was surprised at that, I couldn't believe it. Barbeiro: With a note that the school is already overcrowded and they approved? MacCoy: Well, (Inaudible) time and time again, they say that's a normal letter. Borup: But they've got new schools coming up they say that will ease that. De Weerd: Yes. MacCoy: They are this next year. Rossman: We still have an open public hearing. MacCoy: Right, I'm waiting for an answer here.. Do you want to continue it, or do you want to close it? That's the first stage. You got enough information to close it down or do you want something to be brought in or more time to look at it? How do you want to do this? Borup: Well, I'm still not sure what-I mean this is not an area that you are going to build a single family low density subdivision. • • Meridian Planning and Zoning Commission May 11, 1999 Page 74 MacCoy: Not next to a... Borup: Who is going to move there. No one wants to live that type of setting with that type of-with a low density. I mean you've got traffic of Franklin Road there. Everything to the west is mostly commercial development. Across the street is going to be commercial development. MacCoy: That's right. Our direction... Borup: Maybe this isn't what needs to be, but it's not going to be quarter acre or third acre lot subdivision. MacCoy: No, but our guideline has always been between industrial and R-4 housing should be apartments or something, but then the next question comes up is the density of that type of thing. You could be apartments, but it could be something in between of what we've got here. De Weerd: My concern is more we do not have the infrastructure in to support this kind of development at this point. I think you know, what they have done here is very nice, I would be concerned about the setbacks and the buffer between the multi-family and single-family. My primary concern is the roadway and the traffic that this is going to create in addition,to what has already been placed on Locust Grove with Jabii and so there is my... Borup: I think Malcolm has already addressed that, ACHD is not going to build the roads without the traffic count. Otherwise they would be putting roads out in the desert. The traffic, the traffic count has to be there first. It does lag behind immediately, but it comes first and then the roads follow. They build the roads where the people are wanting to drive or needing to drive. I think the only, I think that's probably the way it should be, the only thing that would help is if they could react a little faster, which doesn't happen. That's probably my concern too is the-I think the buffer on the south is probably well, pretty much non-existent. I don't know in my mind opposing it because the roads aren't in is going to get the roads in any faster. If we want the roads in faster is approving more projects is the way to get the roads built. MacCoy: I'm afraid that's true. Since we have still an open public hearing we have a ' hand up here who would like to speak to us. R. Smith: I would just like to address what Commissioner Borup said. The problem lies there, look at the complexity of what happened to south Eagle Road, the length of time it took to get that and the problem was there. It took forever. The right-of-way has not even been assessed on this yet. To get. the right-of-way settled, it's the same situation that happened on Curtis Road. Curtis Road is still under a lot of controversy because --,~ ~~., ~ Meridian Planning and Zoning Commission May 11, 1999 Page 75 the right-of-way hasn't been bought. Before you can build that road you have to have that right-of-way and they haven't even~tried to assess buying the right-of-way. I know that's a problem because as I said I worked for Idaho Power for 40 years and we have had right-of-way problems that you won't;believe. Idaho Power just rebuilt this line, down the road that we live~on to access the.new water ways out tip. They paid for that line. Jabil will hook onto that line. =They didn't even buy the right-of-way over far enough because they contacted Ada County Highway and Ada County Highway told them it wouldn't be for 15 years. I talked to the engineers. because I come out there ,.7 when the engineer was working and I said gosh guys they are going to widen Locust Grove Road. Why put those poles there and two weeks you've got to move them over 40 feet? They didn't do it and it's not been done. I'm just trying to confirm what you are saying. Before these things get done, you've got to have the right-of-way and I have not-nobody has contacted me and I talked to everybody on the road and nobody has contacted us on Locust Grove°about buying any right-of-way. Borup: I'm sure they will contact everybody at the same time (Inaudible). R: Smith: I agree with what you are saying to one extent, but look how long Eagle Road took and that's only second because I was a Trouble Man for 15 years that was the only access that I had as a power company employee to get on the north side of the river or else you had to go clear into Boise. There just wasn't any other roads to get across the Boise River until they widened Eagle Road and what a relieve that was to access trouble when we got across there. The north south laterals across here right now are really in serious trouble. I was elated when they said they were going to put Locust Grove clear through to Chinden Boulevard as a five lane road. It ain't happened. MacCoy: Well, all I can tell you is that I've been siting on committees for the last couple of years and we have been jamming this thing down their throats Locust Grove and it was 15 years .down the road, then it was 7 years and then it was 5 years down the road and we continue to say we are not satisfied. It's going to have to be and we put Jabil in there and we are running it .down their throat because Jabil is in, people are in, we are beyond your percentage, do something now. They have actual admitted to us, here in' Meridian on our committee that we are the only city-they gave us this thing two weeks ago. We are the only city that has actually come forward. and put together a plan and they are going to buy it for us. So I figured we will see. We've done a lot of talk, we are going to wait and see what comes out of this. k R. Smith: My mom comes from (Inaudible). The other thing that I would like to bring up to you Keith is that I don't .live in the dark. I see that they are taking all the test holes now for that 80 acres to be developed and they are digging all their test holes which is just south of me about 250 yards and across the road. He is getting all his test procedures done. I was informed pretty confidentially that Peter O'Neil has already .contacted Shari and this thing is a go going over there. So there is 80 acres of housing • • Meridian Planning and Zoning Commission May 11, 1999 Page 76 going in there and I hear it's going to be like Witherell was saying, it's going to be real high density. There is a lot of traffic going to be there other than the 96 units that is going to be on a corner. Where a corner is terrible place to access 96 and that's a minimum of 96 vehicles to come in and off of both Locust Grove right at the corner, and right at the corner of Franklin Road. That's my concern as bad as it can get there. MacCoy: We understand that. What about our public hearing here? What do you want to do here? Rossman: I think the developer wants to add one more piece. MacCoy: We've got to get this thing done eventually here. We still got a half of a night work. Okay, I hope it's quick sir. De Weerd: Take as much time as you need. MacCoy: Please Commissioner De Weerd we'll be here till three in the morning if we... Rossman: Well Mr. Chairman, there has been a lot of public testimony and he has only had one small opportunity.... MacCoy: {realize that, go ahead. Peterson: I would like to respond to some of the comments. Is that alright? MacCoy: You are right, you have the chance to do that. Peterson: Thank you. The Chairman has gone to some length to explain to you how things get built, he's absolutely right. The amount of impact fees that Jabil is going to pay, and the amount of impact fees that this property is going to pay is going to go into the pot. That goes a long ways toward paying for roads. The taxes that ACRD collects is not a major thing. If we depended on taxes which we did prior to the time that the impact bill was passed, you know it was much worse then. The impact fee bill, which I will tell you I am the author of, I wrote it, l lobbied it for four years and got it passed. That's been the greatest thing that has ever happened to Ada County because we've got more money flowing into ACRD now than ever happened before and. it's coming in earlier than it ever happened before. You see it comes in at the time you buy the building permit. It doesn't come in based on taxes that are way down years and years later. {t comes in right up front. Can you imagine the amount of money that Jabil is going to pay and the amount of money I'm going to pay to (Inaudible) that piece. That'll do a lot to Locust Grove. It's two lanes and it's very inadequate. That will be solved to a great extent a whole lot faster. Bob Smith indicated that everything is always behind. It was a whole lot farther behind before the impact bill was passed. (Inaudible) Well, Meridian Planning and Zoning Commission May 11, 1999 Page 77 you are wrong, I would be glad to show you the numbers. We do know that Locust Grove is going to be widened. Mr. Smith seems to have different kinds of information than the rest of us have. He says it will not be widened for 15 years. We have different information on that, I would like you all to know that. His testimony is not necessary i accurate. I would like you to also know that I have a great desire sir to reduce the number of vehicular traffic trips and I've put this project in the middle of an industrial area, right in the middle of it for that very reason. 1 would like these people to' walk or bicycle or do whatever they want as much as they can. I believe that you. will I`Ind good planning demonstrated that that is the way to do things. Put your residential apartment uses right in the middle of your big employment centers and there are some big employment centers going right there. Don't you think it would be a good thing not to have people jumping in their cars and going to all of these intersections of these horrible, horrible things that have been described to you tonight? I think it would be a very good thing. We are proposing to do just that. I think this is the most compatible thing l can put on that dirt. It is a beautiful piece of dirt. The way we intend to develop it will even enhance it more. So I think it is the most compatible thing 1 could do. I think the school has not indicated that this is not an acceptable project to them. Okay. You have a letter to that effect. l would like for you to just look at how things really work. The way that they really work is that the developeFs pay a -whole lot of money in impact fees. I wrote the law that says you do it. That's how roads get built. {t will never probably be up to speed because as Mr. Borup said, it's always behind. The schools are always behind. The government is always behind, but you don't stop building so that the roads can get built; you don't stop the building process because what are you going to pay for the roads with. You have to have a tax base, you have to have impact fees. You have to have the money so that the Ada County Highway District can use it for roads. All these things are in the works and they are not 15 years away. I plead with you to approve this project, but I also plead with you to please change your way of thinking, because your roads will never catch up. Your system will never catch up if you don't let people come in like Jabil and people like that to create employment basis and then I follow those people and I create shelter for the people who work (inaudible) that's my job. I don't go ahead of Jabil, I go behind it. Okay. Thank you very much Mr. Chairman, I hope I didn't take too long. MacCoy: No, that's fine. In fact what your say is very true and the standpoint that the only time your roads will ever catch up with your population is when you have an economy drop and everybody moves out of your territory. All right, commissioners what is up now? Borup: l have a question for Mr. Peterson, if he had any specifically any comment on the residential buffer and perhaps the overall density on the project. Peterson: Mr. Chairman, Commissioner Borup, I would be glad to as I indicated as I testified earlier to spread it out. I think if you would allow me to redesign. This is been • • Meridian Planning and Zoning Commission May 11, 1999 Page 78 my proposal. I would spread it out from north to south so there is adequate setbacks and you know that I wouldn't build anything, I wouldn't even propose anything that wasn't properly setback. I'm sorry that those documents got delivered without me seeing them. I apologize as I apologized earlier. I think in order to maintain the density and to have the project still be very compatible, I can loosen it up from north to south and I would like to be able to put two and a half story units on the back line next to the industrial park. I believe that with your cooperation I can do both of those things. Borup: So you are saying that two and half story would spread out the buildings a little more open space (Inaudible). So your proposal is that you would like to come back with the revised? Peterson: Mr. Chairman, may I? I would like to come back with a proposal that is accurate. I would like to know if it is going to be received on it's merits or if it's not. f don't want to waste your time. !f you are totally against the project and tell me now. On the other hand, if you are for the project, I would be glad to keep working with you. That's the kind of people I am. De Weerd: Mr. Peterson, in your conversations with ACRD I am assuming this didn't go to public hearing. Peterson: Mr. Chairman, madam commissioner, yes it has gone through the hearing process and was acted on by the commission. De Weerd: Okay, have you asked them when those road improvements would be made? Peterson: fn response, I would say that your chairman knows more about the timing than I do. But they do, they are going to happen within the next two or three years we understand. I would venture to say that it will be less than that. It will be immediate. {t will be more immediate if they have money to build them with. The right-of-way is not an issue. That is not an issue as Mr. Smith tried to describe to you. De Weerd: That's not an issue with me. My concern... Peterson: It's not an issue with anybody and I don't want him to be testifying to that effect because it's inaccurate. De Weerd: That's not my concern, my concern is the traffic flows and the location of this particular parcel being on the two corners of two very busy roads. I do understand the concept that development needs to come so the roads will. In this particular place, it's just not well placed for that traffic until those roads can be improved. That is my • • Meridian Planning and Zoning Commission May 11, 1999 Page 79 personal opinion. I think you have a very nice development. That is not my issue, my issue is the traffic. I'm one vote. MacCoy: Well do you want to continue this or do you want to close it? Barbeiro: Mr. Peterson has asked us to vote on it. He wants to know a yes or no, yet he also wishes. to present us with an amended set of plans. MacCoy: I think he makes a very good point, why should he waste his time if you are going to turn him down. If you are willing to work with him he is willing to have you add some more time to it and he will work with our staff and put out material that is more in keeping with what you would like to see. I think it's been pretty straight forward. Borup: I think what he is saying, if minds are already made up to the point that it wouldn't make any difference in what a revised project looked tike, why proceed. I'm not ready to approve it the way it is right now, but I'm not opposed to something going there. I guess l would look at a revised project on it's merits. Again, I'm one vote. Revising the project is not going to change the traffic. De Weerd: I guess I would have a question for staff. That would be is there any chance that you can get any kind of feed back from ACHD on this particular road situation and what are your feelings on this? That's why you are the professional. Stiles: Mr. Chairman, commissioners, we do have the staff report that has been acted on by the commission that requires the 48 foot right-of-way dedication. Franklin Road is listed in their five year plan list of unfunded projects. Locust Grove is not currently on their plan in their five year plan. However, because of Jabil and because of the development that is going to be taking place north of Franklin Road, they have already dedicated the right-of-way for Locust Grove to go straight through. Locust Grove and Franklin will be a signalized intersection. As far as timing I have no idea of what is going to happen. They are going to have to have-they do their counts and at the time they call a warrant analysis when the traffic meets that level, that is when the light will be installed. As far as the rest of it, they are the agency that deals with the roadways and the construction of the roadways. I didn't see anywhere in the report that they recommended it not be approved because the roadway system couldn't handle it. They do make that statement in some of the projects that we have. They have accepted a standard of a level of service C for most all roadways, that would be an acceptable level. I don't see anywhere in the report that they said this will cause it to go to a D or an F. There is no indication from them that the roadways can't take it. So, as that is their responsibility as agency over public roadways, I'm not going to second guess them on whether the roadway there is adequate to serve this development. • • Meridian Planning and Zoning Commission May 11, 1999 Page 80 MacCoy: Let me add one more comment to this the material that I've been talking about is in it's final draft stage, they won't have a final answer they will see in print until October as to changing of dates. Though we have been given the indication that the dates are being changed, will be changed. Barbeiro: Mr. Chairman, after this evenings discussion and comments of the neighbors and developer, I would be willing to listen to the developers revised plans. He has a great deal of information here based upon what we have discussed and what the neighbors concerns are. Where the developer may have the opportunity to discuss face to face their concerns and address those in a more specific manor and present us with a revised plan. I would be open to listening to a revised plan and would like to continue the public hearing. MacCoy: All right, make a motion here then. Barbeiro: I motion that we continue the public hearing to our next planned meeting. MacCoy: The date is June $tn Borup: Second. MacCoy: Any discussion? All in favor? MOTION CARRIED: All ayes. Rossman: Keep in mind that the next public hearing is not a forum for us to get up and testify to the same material that we testified to tonight. If you do show up at the continued public hearing, you show up with new information if you intend to testify. Thank you. MacCoy: Thank you for coming this evening and expressing your views, because that's how we make- our decisions. We will move to Item No. 6 which is a continued public hearing request for conditional use for the same material. ITEM NO. 6: REQUEST FOR CONDITIONAL USE PERMIT FOR AMULTI-FAMILY, 96 UNIT APARTMENT BUILDING FOR PROPOSED COBBLESTONE VILLAGE BY STAMAS"CORPORATION/ IONIC ENTERPRISE INC.-SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: MacCoy: Well I think we are going to have the same things that we are going to continue this same thing. Mr. Attorney do you think they need to do that? Since we are going to get the same material.. -N= ~s_5 ss~~-c~~A ~' L-- ~ /~ b c~N ~~ L~(Q~-llLa~nar 1~'16~ ~r~~--~~T~ -1~ t /-G~~ ~y SJy+ ~e~~t ~~~Ph'y~~3y -~1_~ / L IY~o.y~~ _ a %2ee,Ue~ -8-~9 9~~2 C,~--- '~- ~~ ,~~ .p ~.. • June 8, 1999 x To: From: Reference: Chairman of Planning & Zoning Commission and Members of the Commission Bryce Peterson representing Stamas Corporation and Ionic Enterprises, Inc. Cobblestone Village ~ ~4 ~1~199 Three years ago Paul Stamas began looking for a site that would be suitable for an apartment project of approximately 100 units. During this process he contacted Moe Therrien, with Ada Real Estate Surveys. At that time he recommended that we find a parcel. of ground in the Meridian area because of the need for apartments. Moe Therrien and his partner publish a quarterly survey of all the apartment projects in Ada county. The report is known as Ada County Area Apartment Survey. This report has continually shown a higher and higher occupancy percentage. The latest report dated ' April 1999 show the following occupancy- percentages. MERIDIAN COMPLEXS • Aspen Hills • ` Creekside Arbor • Cherry Lane WEST BOISE COMPLEXS LOCATION a 250-300 James Court 1301 E. 5~' Street 302-388 Gruber VACANCY RATE 4.20% 2.30% 4.5% • West Ridge Apartments 3003-3097 N. Five Mile 5% As you can see there are very few apartment for rent in the Meridian area. Typically a developer feels confident in building additional apartments when vacancy rate is 5% or less. In this case the average vacancy rate of apartments that compare to Cobblestone Village is 3.6%. • R ~~ ~ ~ c T ~ ,p ~ rd ~+ ~° 4 ~ 9 Perhaps, more significant than the,~acancy,rate is that no new apartments are being planned or built at this time. With the significant increase in employment centers that haveq,;already been built and the many new ones that are being planned and built, the need bf .... yw88. ~.~~r for moderate priced'}living units would' be well beyond the- availability of the pre"sent . supply. As you know, it~is our`desire to balance the availability of apartments to the increase in jobs, which~tend to reduce the`car trips. within°the Boise Valley. This future „ , i 96-unit project is virtually in the middle of the area that the new employment centers are akeady locating .and new jobs soon will.be created all around the Franklin Road and Locust Grove intersection. Eaul Stamas feels that this is an ideal location for this project and its central location will~benefit the traffic situation and the employees in this area. .. ~ " ~= r •a . ^~ y f e~ f s ~; & ~ ., a" .. a ~~' ~` 3 a ~ i ] ` REcErvE~ JUN - 6 1999 CITY OF MERIDIAN MAY 19, 1999 '1 6„~~Y fi r PETITION ~ >/ Z gym--, ~ ~. ~ . T~c~Ve~C, b_$_99 ~~H/~~ ~ r TO MERIDIAN PLANNING AND ZONING COMMISSION We, the residents of the South Locust Grove and Franklin road intersection area, protest the 96 unit apartment complex proposed by the Stamas Corporation/Ionic Ent. at the southwest corner of said. intersection. We hereby request that the application to develop this complex be denied for the following reasons: 1) With the current flow of traffic, the intersection of South Locust Grove and Franklin roads becomes dysfunctional at times because of the lack of turn lanes and traffic control signals. The 96 plus vehicles from the apartment complex and the several hundred vehicles from the Jabil Circuit Inc. complex (at South Locust Grove and I-84) add to this already serious and dangerous situation. It creates an impossible condition. South Locust Grove is a dead end road, there is no other way oin or out except the Franklin road intersection. 2) The apartment complex plans two accesses, both very close to said intersection, which compounds the traffic problem. 3) It appears that the purpose of the apartment complex is to provide low income subsidized housing. We strongly protest the' existence of this type of project in an area that is obviously not compatible or receptive to the proposal presented by Stamas Corporation/Ionic Ent. ~ ~~~~ ~ ~ ~Ur~~~ ~'~~n~~~ ~~~ SF~- ~~ g~~~s»~ ~ 1 '~ , 7~7 ~_ ~ g Meridian, ID 83642 PRINT NAME ADDRESS TELEPHONE SIGNATURE ° j [l V r REcE~~ JUN - 6 1999 CITY OF MERIDIAN NAME Meridian ID 83642 ADDRESS o-~~o~~~ -- , ~~° ~" ~~~ TELPHONE SIGNATURE ~~~,/~' 75 ~~ .__._..~ C ~- 6 ' ~ ~ v~7 ,; - amiss _ `~ ~Ga/ ~ ~ ~'~ J S~° ~ ~_ ( ~ ` ~ C' 0 I ~~-c ~ 2 ~`~~OO ~ ~ o ~ : LLAe ~2. ~ ' g~~ - ~~~~ ? b w .~ ~ ~ 8 ~' ~ ~ ~y _ , ~ )U ~ ~, ; ~ ~~~. 7~~ - 9~ ~. 5~a ~ 8~`7-/age ~ M ~~~~i ~ ~'~~. til ~- ~ 88"7 -1 ~7 ~ ~ ~ ~ ~ ~~ ~ T, ~~ ~ ~ ~ 70 YD ~~ F p~ _ C ~ g~~. T~~~ a-- ~---' '" ~'" ~ ~_. :~ ~.,.. s 2 -~ E L R~~E~~ JUN - 6 1999 CITY OF MERIDIAl~1 NAME ~ i M ~ 83642 ADDRESS 7ELPHONE SiGNATI.,~$E l Al FGtI~~I f 1 ~~- 2 2- ~ C~~-n ~~~ ~~ ~~~-~? 7 Z l c < < ~~ -~ z - ~. ~~~ ~~ ~ ~, ~r ~ l~ ~h i~te~a~ ~ !L c~- ~uG ~u~ ~ a-(~U ~~r~-e,~rf~ ~ ~._. - - «d ~ 2 S ~Fs~~~~ ~6~ ~~ le_ __ 2 .~.~-- ,; C ~ ~~ ~ 3v ~ c Q ,~ ~~ gggt sZ~~ •~~~~r/~ a~ 3 l z~.~,Q ~~ ~ ~~ ~ -/ ~ ~~ /~ ..~~~ ~o2s'~ ~ e u-~~ ~ ~ Z3Zo ~'. ~l~c~6~ P q9~ rnusTp,~ S ~ ~ ~ g ~ _3 ~~~B~`~~' ~'s~-~S 6 d - ~ ~ . . r ~ ~Ck-~,.._ ~ Z l a~ rn.wS~ ~ ~~.. .~ 11~ `~ ~s !I ~ ~ ~ ,/ )- , Ol. (~ ~ Z ~ . --.~__ . f-- :~_. - - R~CE~D ~ ~ .JUN - 6 1999 ~. `~ CITY OF MERIDIAN Meridian,_~ 83642 NAME ADDRESS TELPHONE SIGMA~E ~i~.c^^"' r ~ 7 © G7yy~( CC.rv _~, Q'S.~~TI `y 2- ~ ~ ' ~ ~ - l ~-~ f 8~z ~ ~ Gam, ~~= ~~'~ 7 ~~ D~e~:~ ~ g~~ ' s rh~5. ~ .-----_. ,_.,___ ~-~- ~~ M ~ sus 1 e ~ ~~~ . ~ ~ -_ o ~-' ~ s /2~ ~ ~ ~ E ,, z ~ :~ ?-8 -tea 2~ l 1 ~~~ ~ .~ ;i ~q5 0 ~~~ ~ ~~3 ~~~-~~ ~ '~ 1 ~ ~ ~~ ~ ~ ~~ ~~ ~D ~~ ~~ I~a~IG~ MC ~ ~ D~ o S ~ ~o~ No ~ ~~~- ~~g a 7 ~t ~~ ~~e-. ~~`~- ASS ~ REcE~D JUN - 6 1999 CITY OF MERIDIAN NAME S ~\ Ji Meridj~, ID 83642, ADDRESS TELPHONE SIGNATURE i - ~~Rg ,~ _ . - ---.. __.._.. _... - ~ 1G ~, ~, ~ -- Y.._ ..- ------_ ~~ ~ ~~ ~a L y ~ ~ ~ o ~ 2~sfr Z .. , . ~ t1J ~ U S S ~ i N ~ ~ 4s~ 8 ~SZ~ ~ ~ --- 6 ~ .- ~ nlnl 4sT s ' 1S 5 ~ ct~sT ~ ~( ~~ -3 ~ Z ~ ~S. G ~ ~ ~~ ~~~ ~~ ~z ~~ ~t ~I ~~ J r ~~~ ~ ~~ a ~ ~' .._ _ _ .. \ ~ V V`"~'~ c V ~ ~ - ~J cJ ~ w. ~ G/. . ~.___.~ ~,~-~.~ aka ~ ~~- ~a ~ ~~ __. ~, /~' a s ~-- ~~~~~ _.~ ,, ~ ~ ~ ~2A ~s10® ~ ~~2 (p~ p~~ ~i` 1~~ e ~~~-~ ~ , G~~ ~z~S ./lAJ ~ ~ E ~ ~ ~ ~c~ ~Ce 57 G ~~ v ~ ~fS~ z l~ ~ 5 V REcErvED JUN - 6 1999 CITY OF MERIDIAN NAME ~ ~ ID $3642 ADDRESS TELPHONE SIGNATURE C~ ~ : o~ `fd ~ ~~/~c"' ,Or S'gS-3635 ~ ''l~~a~ ~~ y~ C,~Ai~~ ,l,Y ~K~ - 36 3S - _ __ t i ~~ .. ., _ - `- it _____ I~ a -_.. ~ C e y„ t 4 { ~cE~ ~ JUN - 6 f999 ~ CITY OF MERIDIA~'V Me ID 83642 NAME ADDRESS ~EL_pHONE SIGNATURE `~ ~ ,. - ~ ~3S r ~ ~~ ~ ~~ ~ . ~ ~ ~ ~ ~ .-c ~°~ <,-r7 ~-- ~- ~ ~ e~~ ~ ~ g g - ~_~ ~ % k 7~- 7~~ ~ .:~ .~ - ., ~ ~ ~ - 235 ~1. y -~512~ ~ vzz X53 ~ ~ ~~ ~ ~~ ~. ~~ ~4 ~ a ~ 0~ ~~ ,gig ~.~. .~S~ ~ ~ . t ~ ~ ~ zb~ q urvn~,v W~ i ~g - o ez S , r.. - ' ___. .s-- s ..~o ~ /cad ~ ~ S~~ ., , s a r~J ~ ~ ~,~~1 ~ ~~ - ~ -_ l C ~~ ~ECE~~ .1 U N - 6 1999 CITY OF MERIDI~1 NAME • gasa2 ADDRESS TELPHONE S NATURE C~ ~ Z~1, S ~ G.o ~ vST ~r'OY / 7 ~ ' ~ • v ~~=~7~ , :~ n ~ai o ~ ~ ~.lson ~~ya s ~,;, ~oo~ ~D~ / 5 ~ ornu~ood J~': ~~~-=8q0~ g~5 ~~~ ~ __..__ our Fender !3 ~u ~. ~ -~~ 7a ~r .~~ cX w ` Sri rXe c. ~~Mn F~ N SSG ~_ s ~, ~~ ~• ~ ~ ~`~ ~~ r~ ~d~~ Dr _ '~ b w Dr ;~ _ ~ ~ ~7~~ -.2 ~ ; ~ -~-~ _ . _ ~ ~ u G,..a~ ,~ . ~ _ ,, ~~ ~~ S^ ~ 677 - 7 : ~ ~ f/ ~~r-e C ~~ ~f c~ ~ n who ~ g ~~- /~ ~ ~ _ ~ ~ O' i P4' ~~~` `~~~ _ . 5 60 ~ O~f' /~ ~ - 7~O /~iv i S ~Q ail _.. ~~ S~v~o~h ,~ 2 ~~ 376 I~~g1/~~,,/S ~ p ~ 8~K -2~3~ ~~$-~70 ~ ~. - , ~~ ~~~?~ 37~__~A,,,~~~od r~ ' g~~'- ~~0 ~ - -~. ._ 1 REcE~~ ~ ~ .1 U N - 6 1999 CITY OF MERIDIAN Nl~ridian. ID 83642 NAME ADDRESS TELPHONE SIGNATURE p~clL 0 1~ c~~ ~ ~ ~~vrn`~ VV _ -- -- A - ~~ ,'~~ I a ~ ~ 7~ (v ~! ~YS~ Z~ rs -- S ~g _ - 4 .~ /I/ ~n wJe s f >~o S . ~ 6 ~ ~ ~-Cv~d~ S-g~a~ ~ g-- ~~~ .~i ~~ 28 w~-~. Y ~~;~ _ I~~ 233 ~~~r ~ ~ ~~ g-~3gg G L T o/ Z ~~~um ~Q `6~6- ? ?J~ _ Q ~ ~ ~; (off A~~~~. ~.- ~ ?93~ ~/11~~-Y~J~~ ~ ?i r ~// ~~ I v. 1 A I "//) VV '~ ~ / ~ ~- ~n ~ ' ~~~_ gam" ~ r c A.C~ j3 ~ 31z3 ~~ ,,~ o~ .~~ ~ ~~~ ~~,3 - t ~~ ~~ ~ a - p9 ~' u ~ L x'76 ~ u~~ _ ~? ~- 7~ L ~rr~~ ~~I _ .. Y ; ~-ar~ ~ ~~k.r, ., VV ~ ~~ - i 3 Gt r EcErv~ R ~~' ~~ JUN - 6 1999 (o CITY OF I~~~~~~~~~~t .-,p NAME Meridian, ID 83642_ ADDRESS T~~pHQNE SIGNATURE _ --- -- _ ........ .. ..__.._.._ .__.._._z,.,... _._ . . _.., . ._ b 0 7 `~~ ~ ~ ~~~~ ~ .Z 5'lS 5 {~ wry ~ i ~ f) - ~ d ~~ ~ `~~ O c / - 7~ ~ ~`' ~" _ ~~ ~2 ~- f~~ -~.JGw~o~ ~8 ~ 3~ ~~ ~ y ~~ ~ ~,q,l~~ S~.l,s6~, ~ ~ ~o ~ r~~ ~a~~` gg~-~j . ~' fix'' _ _ (/ ~ V U V c , U ~ i~ 0 ~~'~~`~ ., ~ ~~~~~~!Ii~ll~ ~ ~~ sited ~I _ ~ ~ '' a~~ ~ ~~ ~` ~7~ 7 /~ . W REc~~~ JUN -6 1999 CITY OF MERIDIAN NAME s ~ • Nl~ridia~ ID 83542 ADDRESS TELPHONE SIGNATURE V - _ _ ._ ~ e ~ r ~~~ ~'8~ ~, ~t era ~~ - Q,~ ~--~ 1_s~-~ _ ~ ~~,~C~-.---~ ~y P&Z Commission/Mayor & Council April 9, 1999 Page 2 4. Assessment fees for water and sewer service are determined during the. building plan review process. 5. No signage details were submitted. 6. No screened trash enclosures are shown on the site plan. 7. Although the application mentions a tot lot and swimming pool are to be provided, these features are not shown on the plan. g. For the number of parking spaces shown, a minimum of six handicapped accessible spaces would be required, with a minimum of one being van accessible (16-foot-wide). Apartments may require that each building have an accessible space and ramp. g. No drainage areas are shown within the development. State agencies recommend that drainage swales be used for pretreatment of stormwater. 10. Ada County Highway District's preliminary comments require that the entrance on Franklin Road be signed as aright-in/right-out only acc re .u~ s Hdedication of 60 feet from the Franklin Road, designated as a principal arterial, q centerline. As the plan reflects only a 48-foot dedication from centerline, significant redesign may be required. GENERAL REQUIREMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2,. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Off-street parking. shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 4. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. CobblestoneVillage.CUP • • P&Z Commission/Mayor & Council April 9, 1999 Page 3 5. A drainage plan designed by a State of Idaho licensed azchitect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 6. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 7. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 8. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. SITE SPECIFIC COMMENTS 1. Provide revised site plan detailing all existing and proposed utilities for review by the Meridian Public Works Department. Designer is to coordinate sizing and routing of sanitary sewer and water within the development with the Public Works Department. 2. Provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 3. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, "Late Comers" fees may also be charged against this parcel to help reimburse the parties responsible for installing mains to their current points. 4. A total of 57 three-inch caliper trees aze required for the project. Due to the issues of entryway corridors and buffering of adajacent properties, trees in addition to the required three-inch caliper trees should be provided. Landscape buffers on Locust Grove Road and Franklin Road need to show detailed vegetation and tree plantings. Sodding only of these areas is not acceptable. Provide detailed landscape plan for review and approval. 5. Particulaz attention will need to be paid to lighting plans to ensure adjacent residential properties and the traveling public is not impacted by glare, as determined by the City of Meridian. CobblestoneV illage.CUP CUP-99-005 f•~ P&Z Commission/Mayor & Council April 9, 1999 Page 4 6. Signage should be limited to one low-profile monument type sign near the intersection o`f Franklin Road and Locust Grove Road. Detailed signage plans will be subject to design review. 7. Construct five-foot-wide sidewalks along the entire frontages of Franklin Road and Locust Grove. 8. Revise site plan to show screened trash enclosures. Coordinate locations and construction requirements with Meridian Sanitary Service, Inc., and provide a letter of approval from their office prior to applying for building permits. 9. Provide handicapped accessible parking lop ~~~ tlon needs t mteet the requirements of Disabilities Act. All building and parking the Americans with Disabilities Act. 10. The parking areas shown do not meet minimum Ordinance requirements of a 9'x19' stall with a minimum 25' driveway aisle. The parking dimensions shown could be acceptable given consideration for bumper overhang; however, the adjacent walkways should either be divided by a planting strip or increased in width to a minimum of seven feet wide. 11. Drainage swales should not be within the landscape setbacks along Franklin and Locust Grove, as they do not provide buffering. 12. Provide a landscaped setback of 35 feet beXond required right-of--way along Franklin Road. 13. No City water will be allowed for landscape irrigation. 14. Six-foot-high, permanent perimeter fencing and buffering shall be provided adjacent to the existing residential use. 15. A development agreement is required as a condition of annexation. The development agreement should incorporate a limitation on maximum density, buffering details, entryway corridor requirements, etc. 16. Five Mile Creek is designated as multiple use pathway in the Meridian Comprehensive Plan. Fish, wildlife and vegetation species and habitat should be protected and maintained, Provided it is in the best interests of the City of Meridian. Consideration should be made for the land uses in these areas to minimise the risk of pollution and to preserve the natural beauty of Five Mile Creek. CobblestoneV illage.CUP CUP-99-0OS . • h BEFORE THE PLANNING AND ZONING COMMISSION In The Matter of The Request ) Case 1Vo. AZ-99-005 , For ANNEXATION AND ZONING OF 6.I5 ACRES FOR ) RECOMMENDATION TO CITY COBBLESTONE VILLAGE AT ) COUNCIL THE SOUTHWEST CORNER ) OF LOCUST GROVE AND ) 3 FRANIQ.IN ROAD ) STAMIS'CORPORATION/IONIC ) ENTERPRISES, INC., ) Applicant INTRODUCTION , l . The property is approximately 6.15 acres in size. The property is located at the southwest corner of Locust Grove and Franklin Road: 2. ,The owner of record of the subject property is the Monte C: and Beverley J. McClure, of 2626 W. Penick Pointe-Lane, Meridian, Idaho. 3. Applicant is Stamis Co'rporation/Ionic Enterprises, Inc., of 1 Sierra Gate Plaza 3558, Roseville, California 4. The property is presently zoned by Ada County as Rural Transitional (R-T), and consists of a vacant single family dwelling. 5. The Applicant requested the property be zoned as Meridian City High Density Residential (R-40)~[Meridian City Code §11-2-408(6)]. RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING -IONIC ENTERPRISES, INC. - COBBLESTONE VILLAGE ' ~ ,. • 6. The. proposed site of the subject property is located at the southwest corner of Franklin Road and Locust Grove Road and borders the eastern boundary of Meadowmont (Stonebridge) Subdivision, an industrial development. 7. The subject property is bordered to the west by Meadowmont (Stonebridge) Subdivision, to the south and east by Ada County Rural Transitional properties and the city limits of the City of Meridian are adjacent and abut to the north of thesubject property across Franklin Road, currently zoned General Retail and Service Commercial (C-G). 8.. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 9. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 10. The Applicant proposes to develop the subject property in the following manner: the construction and development of a 96-unit apartment complex. 11. The Applicant request zoning of the subject real property as High . density Residential (R-40). It is consistent with the Meridian Comprehensive Plan Generalized Land Use~Map which designates the subject'property as Mixed Use /Planned Unit Development. RECOMMENDATION TO CITY COUNCIL - 2 a ANNEXATION AND ZONING -IONIC ENTERPRISES, INC. - COBBLESTONE VILLAGE ~' P&Z Commission/Mayor & Council April 9, 1999 Page 5 4 17. Due to the topography of this site,. the parcel currently accepts drainage water from the residential properties to the south. This drainage will need to be accommodated for in the development of the property. 18. Staff reserves the right to prepare additional comments when a revised site plan has been received, and recommends this item be continued until May 1 1, 1999. CUP-99-005 CobblestoneVillage.CUP s M ~ u 12. There are no significant or scenic .features of -major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Comrriission.hereby recommends to the City Council. of the City of'Meridian that they deny the requested annexation and zoning as requested by the Applicant for the property described in the ' application. ~ a Z:\Work\M\Meridian 15360M\Cobblestone Village\,AZ99005.Rec r .. RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING -.IONIC ENTERPRISES, INC. - COBBLESTONE VILLAGE 4 '4 • s HUB OF TREASURE VALLEY '. Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT o ~n il M m rc CITY OF MERIDIAN B PUBL[C WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 836.E riE' ~J ~ (''-08> 88~=22 i t RON ANDERSON Phone (208) 888-4433 • Fax (208) 8~j`'4813 PL'ANNING AND ZONING KEITH BIRD MAR 1 0 1999 DEPARTMENT ' (208)884-1533 City of Meridian Citv Clerk Office 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 6, 1999 TRANSMITTAL DATE: March 8, 1999 HEARING DATE: April 13, 1999 a { FILE NUMBER: AZ-99-005 REQUEST: ANNEXATION 8~ ZONING OF 6.15 ACRES FOR PROPOSED COBBLESTONE VILLAGE BY: STAMAS CORPORATION /IONIC ENTERPRISE INC. LOCATION OF PROPERTY OR PROJECT: SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN __ _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, 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 8~ FINAL) IDAHO TRANSPORTA 10 EPARTMENT ADA COUNTY (ANN N) YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live ~o ~n II M m ~s CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO ~ ~ \ J ~ D RON ANDERSON Phone (208) 888-4433 • Fax (20 v KEITH BIRD MAR ~ 91999 City of Meridian City Clerk Office LEGAL DEPARTMENT (^_08)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 6, 1999 TRANSMITTAL DATE: March 8, 1999 HEARING -DATE: April 13, 1999 FILE NUMBER: AZ-99-005 REQUEST: ANNEXATION & ZONING OF 6.15 ACRES FOR PROPOSED COBBLESTONE VILLAGE BY: STAMAS CORPORATION /IONIC ENTERPRISE INC. LOCATION OF PROPERTY OR PROJECT: SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT -CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAM PA 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION)~j L~ C~' YOUR CONCISE REMARKS: ~ ` ~ / ~ l / ~ r r I ,c}-ti/ ~ 2F GJ r Gt~ Nd ^~ ~ au.2 n4 Zo ~ti~ ~-~-`'~ HUB OF TREASURE VALLEY • Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council Mem n CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUN'i'REE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 836~,ECEI~7~ ('_O8) 887-'-''-l l RON ANDERSON Phone (208) 888-4433 • Fax (208) g8~~7``-4813 ~ PLANNING AND ZONING KEITH BIRD MAR 1 1 1999 DEPARTMENT (_08) 88.1-5533 City of Meridian City Cierk Office 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by:___April 6, 1999 TRANSMITTAL DATE: March 8, 1999 HEARING DATE: April 13, 1999 FILE NUMBER: AZ-99-005 REQUEST: ANNEXATION 8~ ZONING OF 6.15 ACRES FOR PROPOSED COBBLESTONE VILLAGE BY: STAMAS CORPORATION /IONIC ENTERPRISE INC. LOCATION OF PROPERTY OR PROJECT: SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C ~VVATER 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) R CONCISE REMARKS: .~fdc~ ~ourtt~~l~i~hcuut~ oC,Ji6trict Sherry R. Huber, President 318 East 37th Street Judy Peavey-Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Givens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner a-mail: tellus achd.ada.id.us DATE: Tuesday May 11, 1999 MEETING: Tuesday May 11, 1999 TO: Meridian Planning and Zoning Commission FROM: Steve Arnold Planning and Development 12E: MAZ99-005/MCUP99-005 s/w corner.Locust Grove and Franklin 96-Unit Apartments On April 7, 1999, the Commission reviewed and approved this application as MAZ99-005/MCUP99-005, a request for conditional use approval to construct a 96-unit apartment complex. The applicant also requested annexation and a rezone from RT to R-40. The 6.15-acre site is located at the southwest corner of Locust Grove Road and Franklin Road. In Facts and Findings A (see page 2 of the staff report) and Site Specific Requirement No. 2 (see page 4 of the approved staff report) discusses the right-of--way required for Franklin Road, which is 120-feet, or 60-feet from the centerline. This is the right-of-way required fora 7-lane principal arterial. Franklin Road is currently planned to be constructed as a 5-lane principal arterial. Fora 5-lane principal arterial the District wilt require 96-feet of right-of--way (48-feet of right-of-way) and not 120-feet (60-feet from centerline). The report was approved with an error and should state in the Facts and Findings and Site Specific Requirements that 48- feet of right-of--way (as measured from existing centerline) will be required from this development. ACHD staff will place this application on a future agenda for Commission review with the correct right-of-way requirements stated in the Facts and Findings and Site Specific Requirements. Staff does not anticipate any difficulties in the re-approval of this site by the Commission. District staff apologizes for any confusion that may have been created by this error and will see to it that similar errors are not repeated. If you have any questions or concerns about this application, please call me at 387-6178. Sincerely Steve Arnold Principal Planning and Development Analyst h1AY 11 '99 12 26 ACHD PAGE.02 ,OGL/ L~ L GUGC ~ • Sherry R. Huber, President _ ~ ~ 318 East 37th Street -. Judy Peavey-Derr, Vice P'resident'V' - - Garderi'City,'Idaho 83714-6499 4 ' 'Marlyss'Meyer,~Routson,_Sec~etary ° i `~..~ ' Phone'(208) 387-6100 Dave Givens, Commissioner=, p , k.. - ~ " Susan S. Eastlake, Commissioners ~ . `~ " =Fax (208) 387-6391.. .. t, w -, ~~;~, , e-maiL'tellus achd.ada.id.us r r~ r . ,_ _ ~ ~ r~ r ~ Apri18, 1999 TO: Stamas Corporation One Sierra Gate Plaza 3558 Roseville, CA 95678 FROM: Steve Arnold, Senior Analyst Planning & Development Division SUBJECT: Cobblestone Village/MAZ99-005/MCUP99-005 Multi family development R~c~~~ APR 1 3 1999 ~, CITY OF MERIDIIAN Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on April 7, 1999. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 387-6170. ~~ C ~ 1'Sr SA ec: Plan&Dev Svcs-chron/file John Edney Chuck Rinaldi „ ~ City_of Meridian "'_~ Tamura and Associates Y v-6 ADA ~OUNTY HIGHWAY DIS~RI T C . ~ Planning and Development Division '`Development Application Report MAZ99-005/MCUP99-005 s/w corner Locust Grove and Franklin 96-Unit Apartments ' f The applicant is .requesting conditional use approval to constnict a 96-unit apartment complex. The applicant is also requesting annexation and a rezone from RT to R-40. The 6.15-acre site is located at the southwest corner~of Locust Grove Road and Franklin Road. This development is estimated to generate 634 additional (10 existing) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Locust Grove Road ,~ Franklin Road ACHD Commission Date -April _7, 1999 - 7:00 p.m. Q~ Ra ~t ~t!~ :tea= &~$E S ~ $ 7 > > > 1 y -~ ;m~ ;~ =r D 2 d t a c t p: e; 9 t: p ~'~ L F~ S Q~ P~ ~ ~?~ ~~~syg~~~ i Il4~ ~,~~_ >i ..~'. ~ L ~ ~~ ~ ~ ' ~ ~ I ~ ~ A P m Q ~ P I 7 Q ~ rnrn w ~ 44Qfi~e~ ~~iS > ~~ ~ ?C Of I ~ e a it ~z ~ ~ ~; ° ~ n t~ ~ > ~ a I ~ tin a ~ D K N r'1 O ~ > n rn ~ y I C Y Z N in N © r D ~~ ~ ~? ~ o s `~' f~ ~ 4s ~ o ~° ~' L ~~ A ~ 3~ ~ ~ ~~ i o O ~- ~~ ! ~ D '~ - "'` ~ _~ ~, ~ ` ~ ii - ~ ~ COBBLESTONE VILLAGE ~ ~ ~ FRANKLIN s LOCUS GROVE ~ Tamura a & f~ssodaf¢5 I ' I ~; MERIDIAN, IDAHO m _t~i_ Q Q. ~. d ~ ~~~ YSS A- 4C a . i :~~. sa~ooossb g ~ ~~nwol ~~ OHV~! 7JblQlt{3W ' 'f 3noa~ snooi q Hn~Ne~ ;;g 3Jb'~liA 3NO1S3~8S0~ ~~y -~ t a , ~~ ~~ ~> ~ ~ ~ W. ~~ Q W ~ Z W ~ W ~ ~ ~ Q R _ U I W V7 ~ _ ~ U < C O ~ ~ Z vi W C u ~ v~., u Q c i. O c~ a - 7_ e i L f `n J~ a Z N< N S. ~ ~ y <r C~~.,II. 4 r /^, vIl ~ ~c a '~~ °i y ~ $ff_ ae`rsas` ti.~ ^,yj WI m ~ QI w d d ~ cf _ ~ U ~+ W U ~ ~ ~ ~ .I ~ Q ~y'iYil - r ~ I, ~8'~ Q ~ ~' ~~ J a; rte- ~~ T s ~ f f f ~ q LLf _J ~ ~ ~ C C ~ < g R S aJ W ~; F _ ` ~ ~9~ a ~e~i1S ~! d ~ ¢ ~~ ~ it E:~ 1 rat ~ g ': ~, ~ ~ Facts and Findings: A. 'General Information - - . ~ .. ~ _. . ... 1. .. - Owner ='Monte and Beverly McClure ~. - - ~ ~ ~ . Applicant - Stamas Corporation/Ioriic Enterprise Inc. RT -Existing zoning R-40 -Requested zoning 6.15 -Acres 96 -Proposed dwelling units 282 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District I ocu~t Grove Road Minor arterial with bike lane designation No traffic count available 565-feet of frontage 50-feet existing right-of--way (25-feet from centerline) 96-feet required right-of--way (48-feet from centerline) Locust Grove Road is improved to 2-lanes without curb, gutter or. sidewalk. ~ There is no overpass for the roadway over I-84. Once an overpass'is constructed,. staff anticipates traffic volumes will increase significantly on Locust Grove Road abutting the site. Staff have considered he increase in-traffic volumes with this application:. Franklin Road `~ Principal arterial Traffic count of 8,804 on 10-21-97 475-feet of frontage 50-feet existing right-of--way (25-feet from centerline) 120-feet required right-of--way (60-feet from centerline) Franklin Road is improved~to 2-lanes without curb, gutter or sidewalk. This segment of Franklin Road is listed as unfunded in the District's Five Year Work Program. B. Utility street cuts in new pavement less than five'years old are not allowed unless approved in 'writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. C. Ori-Atigusf 21; -1996, the Commission reviewed and approvedMCU-18-96/1VIA-3-96, a conditional use application requesting approval to construct five industrial buildings (L12,500- total square feet) within phase one of afour-phase industrial complex. That 36-acre site is , ..located at the northwest corner of Locust Grove Road and Franklin Road: ~°MAZ99005.CMM Page 2 . ~ ~ D. District policy states that direct access to arterials and collectors is normally restricted "and that the developer shall try to use combined access points. In accordance with District policy the applicant should be required to provide a recorded cross access easement for, the parcel:to the south to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). The District intends to require a similar agreement of,the owners of the parcel to the south if they are the subject of a future development application: E. The applicant is proposing to construct a 24-foot wide driveway on Franklin Road, located approximately 340-feet west of Locust Grove Road. This will align with an approved driveway on the north side of the road. That driveway was approved as a right-in/right-out driveway under MCU-18-96, a conditional use application for office/retail use. The subject applicant should also be required to construct the driveway proposed to be 340-feet from the intersection as a right-in/right-out driveway. Staff would normally recommend a median in the center of the roadway to restrict the left turns in and out of the driveway. However, this would not be desirable at this time because it could cause traffic problems on Franklin Road. The driveway should be signed to prohibit left turns. The District will construct a median in Franklin Road when the Locust Grove Road intersection is reconstructed. The design and sight distance should be reviewed and approved by Development Services staff. F. The applicant is proposing to construct a 24-foot wide driveway on Locust Grove Road, located approximately 315-feet south of Franklin Road. District policy will allow a full access driveway on a minor arterial if the driveway will have fewer than 1,000 VTD, there is no ' intervening driveway, and the driveway is on a minor arterial. The site's proposed driveway meets the.. criteria .for a full access driveway. ,~ . G. In accordance with District policy, the applicant should be required to construct aS-.foot wide detached concrete sidewalk on Franklin Road abutting the site. The sidewalk should be located 2-feet within the new right-of--way of Franklin Road. Coordinate the location, elevation and grade of the sidewalk with District staff. H. In accordance with District policy, the applicant should be required to construct a 5-foot wide detached concrete sidewalk on Locust Grove Road abutting the site. The sidewalk should be located 2-feet within the new right-of--way of Locust Grove Road. Coordinate the location, elevation and grade of the sidewalk with District staff. : Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District the applicant should be required to pave the driveways their full width and at least 30-feet beyond the edge of pavement of Locust Grove Road acid Franklin Road, and install pavement tapers with 15-foot radii abutting the existing roadway edge. J. As'required by District policy, restrictions on the width,_ number and locations of.d_riveways, -may be placed on future development of this parcel.. ~ ~ ,. ~~ J K. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. MAZ99005.CMM Page 3 y d. 6 • The following requirements are provided as conditions for approval: Site Specific Requirements: Dedicate 48-feet ofright-of--way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of--way dedicated as an addition to existing right-of--way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 1 ~ of ACHD Ordinance #188. 2. Dedicate 60-feet ofright-of--way from the centerline of Franklin Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of--way dedicated as an addition to existing right-of--way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 3. Provide a recorded cross access easement for the parcel to the south to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). 4. Construct a 24-foot wide driveway on Franklin Road, located approximately 340-feet west of Locust Grove Road. The driveway shall be signed to control left turns. The design and sight distance should be reviewed and approved by Development Services staff. 5. Construct a 24-foot wide driveway on Locust Grove Road, located approximately 315-feet south of Franklin Road. 6. Pave the driveways their full width and at least 30-feet beyond the edge of a pavement of Locust Grove Road and Franklin Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. ~ f 7. Construct a 5-foot wide detached concrete sidewalk on Franklin Road abutting the site. The sidewalk shall be located 2-feet within the new right-of--way of Franklin Road. Coordinate the location, elevation and grade of the sidewalk with District staff. 8. Constrict a 5-foot wide detached concrete sidewalk on Locust Grove Road abutting the site. The sidewalk shall be located 2-feet within the new right-of--way of Locust Grove Road. Coordinate the location, elevation and grade of the sidewalk with District staff. 9. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. MAZ99005.CMiV1 Page ~l d; 10. i~Other•tlian~the:access p_oints~specifieally`approved~wlthttliis"applica iori,'dir ct 1 t orrparcelY' ~ ~ •~ ... i ,rte:. - Yt„~~~ ~E,, ..iF ti r -}"~ t~p.;~,! t~ ~s. :. ~l,Q ~~*~.i E ;~` `nc,l access;to,LocusfGrove~Road~or=Franklin Road~~is'prohlbited ~ -' !• ' ~ -- - ° 1 ,~ y J`!~ 11 f`!r k _ r t f!! ?aJ+ t A~w~ ~a ~*i~~:d ~"~~_`" Ell `,'n[J,.rtf~ ~ ;. , ~ r•~f~,JE~ i ~! ~fl~ .r 13dl1~ V~;Y _ r ~ + i 4 i ~~ _ ~ ~ E rte' ali~X t~ ;"}k~ ~.r•~~'~c 1 *1Y~ ~!. Standard.Requirerrients:'~' .r~i `~~ ~~~ ~ Uf ~~~#!~ is ~t~~}~ l~~t~ ~-~ ~ ~ ~ ~ , .: , , i ~, tt,,~~tf"Ct ,t ~"'.+f ~" 1',ci ~t. ~~~11~" 7tp~'.~is.+.ir~i~l~,il''~~L ,.'r,-1{~ti3.,.~tE,~"~"ai~,+~}I".!"`t~,,. fl,~r ~w ~r~ ~t" f Y~`'jc'~ ., ~~~, J ii lAYlj.~{,~~ akr ,w . ~ ~. ~ .. i T ;tF~-,r •~.~~. t~ ,"'.. ct y~ ~~:tC-} ~r"....Y"~~31 t- JI~~ fiu ~3`.9~~`3 ~I! 4S{+.1 Jl~.~ f,1~ 1. A request for modification, variance or walver-of any requirement or policy outlined herein ,ahall be made'in~writing to the ACRD Planning and Development Supervisoi.~The re~ues~wn•~ ~ 1 specifically id n ify each requirement to be reconsidered and include a`wntten ex lana-ion _. ._ ~ ~ ~ T . c• ~~: ri ~F, s-', - ii '~ tlj '+ `"' 'lnr y--.... .,.. _,.,i~'t,".~ 4.,,`C• /.. - ,;1regllesf shall~be-sitbmitted~to~ the~Di'stnct~no~later-than 9:OO~a.m. ~on~the day-scheduled for ACHD Commissign'aetion:^~Tlio'se items'shall""be resclieduled`for disciissioriiwith~tliefl'~ ` +,13lt!l~i~ ' Commission on the next available meeting agenda ~ff;~*t''''~Y.,:L~ 1'~~''`o~`' ~q "~" ~`~ ~'~~'~~~'~~ 1~l*Requests.Psubinitted'to the District~aftei= 9:00 m'.~on the``day scheduled for~Commisslon action do not provide sufficient time for District staff to remove the item fr'om'the'`conserit~agenda and report to the Commission regarding the requested modification, variance or waiver. Those items_will be acted,ori,by_the`.Commiss°sori unless r`emoved•from the-agenda~by'the Coy mission. tr __ 2. After ACHD Commission action; ~any~`request for recon ider`atiomof the Commis on's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall i ~ ally-1d n ify each requirement to be econsidered and include written documentation of data that was not available fo the Commission at the time ofits original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the 'action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC. Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to.District:approval for occupancy. No change in the terms and conditions of this approval shall be valid~unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. ~ The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. };~~~,, ; ?~E;~' Sl,i~' MAZ99005.C1VIM ~< Gs'! Page~S • • .~ a _~ 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to~comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in-force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted.pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted bv~ Date of C'ommi~ ion A tion• • Steve Arnold A.~ril 7, 1999 s €' ¢ ,. k. MAZ99005.CMM Page 6 e, } D. District policy states that direct access to arterials and collectors is normally restricted and that the developer shall try to use combined access points. In accordance with District policy the applicant should be required to provide a recorded cross access easement for the parcel to the south to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). The District intends to require a~similar agreement of,the owners of the parcel to the south if they are the subject of a future development application:- E. The applicant is proposing to constrict a 24-foot wide driveway on Franklin Road, located approximately 340-feet west of Locust Grove Road. This will align with an approved driveway on the north side of the road. That driveway was approved as a right-in/right-out driveway under MCU-18-96, a conditional use application for office/retail use. The subject applicant should also be required to construct the driveway proposed ~to be 340-feet from the intersection as a right-in/right-out driveway. Staff would normally recommend a median in the center of the roadway to restrict the left turns in and out of the driveway. However, this would not be desirable at this time because it could cause traffic problems on Franklin Road. The driveway should be signed to prohibit left turns. The District will construct a median in Franklin Road when the Locust Grove Road intersection is reconstructed. The design and sight distance should be reviewed and~approved by Development Services staff. F. The applicant`is. proposing to construct a 24-foot wide driveway on Locust Grove Road, located approximately 315-feet south of Franklin Road. District policy will allow a full access driveway on a minor arterial if the driveway will have fewer than 1,000 VTD, there is no intervening driveway, and the driveway is on a minor arterial. The site's proposed driveway meets the criteria for a full access driveway. ~ ~ . G. In accordance with District policy, the applicant should~be required to construct a 5-foot wide detached concrete sidewalk on Franklin Road abutting the site. The sidewalk should be located 2-feet within the new right-of--way of Franklin Road. Coordinate the location, elevation and grade of the sidewalk with District staff. H. In accordance with District policy, the applicant should be required to construct a 5-foot wide detached concrete sidewalk on Locust Grove Road abutting the"site. The sidewalk should be located 2-feet within the new right-of--way of Locust Grove Road. Coordinate the location, elevation and grade of the sidewalk with District staff. s Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District the applicant should be required to pave the driveways their full width and at least 30-feet beyond the edge of pavement of Locust Grove Road and Franklin Road. and install pavement tapers with 15-foot radii abutting the existing roadway edge. J. As.required by District policy, restrictions on the width,_ number and locations_ of driveways, may be placed on firture development of this parcel.... y - , . K. The~existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. MAZ99005.CMM Page 3 • 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances', plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned rise of the subject property unless awaiver/variance of said requirements or other legal relief is Qranted pursuant to the law in effect at the time the change in use is sought. y y Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. - MAZ99005.CM~~t Page 6 ~.r .? ~ ~ CENTRAL CEN7~Fi~ AL DISTRICT HEALTH DEPAR~FIENT ~, ~.~) DISTRICT~__P ,, ~ Environmental Health Division Return to• -"DEPARTMENT, ,t~~,t. ..... ~r arm^pp } r 1~~ . I ._. ~ ., Rezone # Meridian ~,~/~ ^ Kuna N( z0/lin A Conditional Use # Preliminary /Finale /Short Plat" ~ ~ ~' ~ ~~/-~STO%~G ' ~'~yjas~ ~ ~ .~ ^ h: ~ s ` ~ ~ tMA~2 Z 4 We have`No Objections to this Proposal ~ -~ ~ 1999 ^ 1~~Y' ~ "i~ 1 2 . r f (~p ~ . ,. ~ 'i. «•~ I:("4 .. 4: Y.E 4~ tY.s.lar.~~.'~-.~. L1J (~'..~ ~~Y~~~ .. iii ~ (~1T ~~jt~I~`~/~'~r~r ~i~t.-i~r ~1~~~ ~.~.. :,4. ,: •.t ~"' + i1 CITY ®1'rlYSYJ S61~ S1 i1®`. "We recommend Denial of this Pro osal , S . p . i ^!°;t . _ ,. '..~ ~ t r, ^ 3: knowledge'as to`;the' exact type of use must be provided before we can .comment on this Proposal. Specific ^ 44. _ We will require more data concerning soil conditions on thisJProposal before' we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ~ Y ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: . ^ 2 feet' ~ ' s ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. [~]C 8. After written approval from appropriate entities.. are, submitted,`we can approve this proposal for: ~*•~~ ,[~ central sewage ^ community sewage system ^ community water well interim sewage .~ central water ^ individual sewage ^ individual water ® 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: _ ~ central sewage ^ community sewage system ^ community water ^ sewage dry lines ~ central water 10. t Street Runoff is not to create a mosquito breeding problem. ^ I I. ' t. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. I' ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ''. ~- -~ ^ food establishment ^ swimming pools or spas- ^ child care center t ^ beverage establishment ^ grocery store ~(' ~' 15. -SQL Ay"7'C1 cti «./ G"~C~/~,m.Girl~RT/ate ,/may ~J~v/l~7uJ~2i-es^ Date: ~# / /,6 /~ ~- ~ ~ ~' ~ G ~-; Reviewed By: ~1ni Review Sheet CDND IO191 rc6, rev. 1195 ' ~~ ~ ' Boisei - ~.~~ c ~r' .. ct,x ~:a 'a, f .. r r '''~^ Eagle ^ Garden city BOISE PROJECT RIGHTS - 40,000 CENTRAL ~ J ~~ DISTRICT ,j"' ;~i'HEALTH ''' DEPARTMENT ,WAINOFFiCE 7oiw.,4r<tiisrr<GrIG01. °CiSE.i0i33C~La:S (.09),.;5.5.11 ?lx ?:'-~SCa .? to prerrnt acrd twat disrasr artd di.rubiliry; fu pr'oneure lrralflrv fijrsrylrs: mrd fu proleet and p~omotr tlrr Rru[tlr and qualify ojuur rnvi~urar+rt~t. . - STORi~IWATER til.~vAGEMEN'T RECOMMENDATIONS ~ :. p • We recommend that stormwater be pretreated through a grassy Swale prior to discharge to thz subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation.. Manuals that could,be used for. guidance are:, 1) State Of Idaho Catalog Of stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2) stormwater Best Management Practices Guidebook. Prepared by City Of Boise Public Works Department, January 1997. Srot•mwal:er ;I93:dty , ServiR; Valley, Elmore, Boise, arcd.-1da Counties ACC / Hoise County Office ACo-WfC Sctellite Office Elmore Caunh Office ~ `Iclley-County Office iC3 N: I;t Street 7Ci ~`L ArmuCng ?I. loCB RGCerts E_C ~. ern Street N. .0 8J6ai Mounrcin HCme ?.O. cox IeaB Bcrse. IO BJiCa Boise. IG 8JiC5 . ~tectth: 587•??:~ Ern~iro 4100011. 10. 9J638 Env~ro. Hecrn: J27•i a99 Ph. JJa•JJS:. . F.mily ~eolth: E87•.t:C7 rh• c~s-i I9d F,mAy?!Cnr.:nr,: J2iJaCC ~A;C: 3Ja•3JJC2? `,vIC: 58i•aaG9 FF,;C: 5Jc•217a Imr-urozCncnS: J2i-7a5¢ 8ec:rrPlurnr~Cn 337.7ar,C FA;<:cd7J521 ~rnC J27.7aa? ~ PA.( :27•?ACC ~ ` * SCENE R D MAR 1 6 1999 ORGANIZED 1904 CITY OF MERIDIAN !~ ~. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 15 March 1999 ~ Phones: Area Code 208 OFFICE: Nampa 466-7861 Will Berg, City Clerk SHOP: Nampa 466-0663 City of Meridian 33 East Idaho Meridian, ID 83642 RE• AZ-99-005 Annexation & Zonin of 6.15 Acres for Pro osed Cobblestone Village • g p Dear Commissioners: , E The Nampa & Meridian Irrigation District has no comment on the rezone for the above referenced application. Sincerely, ~~~2~ Bill Fiensbn, Asst. Water Superintendent ' NAMPA & MERIDIAN IRRIGATION DISTRICT `I BH: dln cc: File -Shop ` File -Office Water Superintendent -. 4 ~ yy 1 b .: ~' APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ~~~ ~-~. ANNEXATION Legal Summary The property owned by Ionic Enterprises presently is zoned in Ada County as Rural Transitional (R-T). Ada County Code provides that when County property is zoned R-T (minimum 5 acre parcels), when that property is located within a city's Area of Impact, and when urban services become available, it is appropriate to annex that property and zone the property to permit urban densities and development in accordance with that city's Comprehensive Plan.' The property is zoned R-T, is located within Meridian's Urban Service Planning Area, and urban services are available. Meridian made the planning and policy decision to annex the property and to have it develop as planned unit development when the City adopted its Comprehensive Plan, and when Meridian and Ada County negotiated Meridian's Area of Impact boundary. The annexation request honors the Meridian Area of City Impact agreement and boundary as designated on the boundary map kept with Ada County Development Services. The Meridian Zoning Ordinance requires that an annexation request meet the following tests:2 1. The City Council must receive a recommendation from the Planning & Zoning Commission on the proposed annexation and the proposed zoning for the annexed area. The City Council has received a recommendation from the Meridian Planning & Zoning Commission in connection with the Ionic Enterprises request that the property be annexed and zoned. 2. The City shall follow the notice and hearing procedures provided in Section 11-2-416. Our understanding is that, as provided further in the Findings of Fact by the Planning & Zoning Commission, proper notice was provided prior to the hearings before the Commission, and proper notices have been provided prior to the hearing before the Meridian City Council. 3. An owner or any person by or with hislher authority requests annexation in writing to the City. Ionic Enterprises has requested annexation and zoning of its property with its written application to the City. 4. The Property must be located in the Meridian Urban Service Planning Area. The project lies contiguous to the City within Meridian's Area of Impact and within Meridian's Urban Service Planning Area. Meridian has previously made the legislative determination that Meridian's Urban Service Planning Area would include this property thus, making this property appropriate for annexation. ' See, Ada County Code, Title 9, Chapter 3. Z Meridian Zoning Ordinance, Section 11-2-417 A - D. PAGE-1 F: WPPS\VVPDOCSW_S\STnMASWNNEX2.ZNG • ZONING Legal Summary The project proposed by Ionic Enterprises is located in Meridian's Area of City Impact and Urban Services Planning Area on the southwest corner of Franklin and Locust Grove Road. The Meridian Zoning Ordinance requires that the facts and circumstances surrounding the project be reviewed against the following criteria, which review supports the request to zone the property to High Density Residential (R-40).3 The purpose of the R-40 district is described in the Zoning Ordinance as being: To permit the establishment of high density residential uses at a density not exceeding forty (40) dwelling units per acre (this project is 15.6 units per acre). Connection to the municipal water and sewer systems of the City of Meridian is required.` ~. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan. Yes it will. The project assists Meridian achieve its Comprehensive Plan goals. Meridian, through its Comprehensive Plan, encourages the future population growth of the City i to locate within the Area of City Impacts This area is contiguous with Meridian Urban Service Planning Areas where "municipal services and utilities are available or planned for."s Meridian's policy is to use unimproved land in the Urban Service Planning Area in order to "maximize public investments, curtail urban sprawl and protect existing agricultural lands"' outside of this Area of Impact. The Meridian Plan insists that no new residential development should be approved outside of the Urban Service Planning Area. The project is located within the Area of Impact.e The Comprehensive Plan acknowledges that meeting the challenge of providing services to ~ citizens requires the expansion of the City's economic base along with creating new job opportunities for citizens and creating new residential opportunities.9 As stated in the Meridian Comprehensive Plan: [h]ousing is a dominate physical feature in the principal land use within Meridian. As the region's population grows, the demand for housing will increase. Meridian will continue to develop into the ideal community only by maintaining and upgrading the quality of existing and new dwelling units and at the same time developing a strong commercial and industrial base.10 ' Meridian Zoning Ordinance, Section 11-2-416.x. ` Meridian Zoning Ordinance, Section 11-2-408 B(6). s Policy 1.1 of the Meridian Comprehensive Plan states that "Approximately 92% to 95% of the new residential development shall occur within the Urban Service Planning Area, or public facilities, essential services and utilities are planned for or are already available. Meridian Comprehensive Plan, page E-9. ° Meridian Comprehensive Plan, page E-3. Meridian Comprehensive Plan, page E-10, Policy 1.3. a Meridian Comprehensive Plan, page E-10, Policy 1.4. ° Meridian Comprehensive Plan, page E-15. 10 Meridian Comprehensive Plan, page 66. PAGE-2 F: WPPS\WPDOCS\N_S\SrAMASWNNEX2.ZNG • The location of the project supports the City's encouragement of a wide diversity of housing `types (single-family, modular, mobile homes and multi-family) and choices between ownership and rental units for all income groups in a variety of locations." It is the housing goal of Meridian to provide a sufficient choice of adequate housing in the community to meet the needs of individuals of all socioeconomic backgrounds, the elderly and the disabled,12 and it is the policy of the City to support a variety of residential choices for the purpose of providing the City with a range of affordable housing opportunities.13 As Mr. Therrien will describe for the Council, there is a shortage of apartments to give Meridian residents the choices they deserve. This project helps Meridian meet its housing goals. The City promotes the development of housing for all income groups close to employment and shopping centers.14 The applicant is presenting to the City a unified, integrated development, near major access thoroughfares as promoted by the Comprehensive Plan,15 that fosters,the policy of Meridian for compatible land use and design (including an extensive landscape treatment for the site).16 The project will maximize benefit to the residents, minimize conflicts and provide atie-in between residential areas and service needs." The City's Comprehensive Plan calls for the timely provision of adequate infrastructure including roads, sewer, water and drainage to allow development of Commercial Activity Centers. The applicant will be extending City services and is keen to continue its work with the City, ACRD, and. others to coordinate the provision of infrastructure necessary to accommodate the project. Costs of services in connection with the project will be paid for, in substantial part, by the applicant. 2. Is the area included in the zoning amendment intended to be rezoned in the future. Yes, it is. The area included in the annexation and zoning request is intended to be rezoned from the existing Ada County Rural Transitional (R-T). The area included in the zoning amendment is within Meridian's Area of Impact. By expanding the Area of Impact, Meridian has made the legislative determination that this area is to be annexed and zoned from existing County zoning to City zoning. " Meridian Comprehensive Plan, page E-67, Policy 1.1. 72 Meridian Comprehensive Plan, page 66. " Meridian Comprehensive Plan, page 23, Policy 2.1(U). " Meridian Comprehensive Plan, page E-67, Policy 1.4. 75 Meridian Comprehensive Plan, page E-68, Policy 1.19. 16 Meridian Comprehensive Plan, page E-19, Policy 1.8. '~ Meridian Comprehensive Plan, page E-67, Policy 1.6. PAGE - 3 F: WPPSIWPDOCS\N_S\STAMASWNNEX2.ZNG • 3. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning. Yes, it is. The project has been proposed for development in a fashion that is allowed under the R-40 zone as specified in the Meridian Zoning Ordinance. SITE: 6.15 acres ZONING: Multi-Family R-40 DENSITY: 15.6 units per acre SETBACK: REQUIRED PROPOSED Front 20' 35' (Franklin) Rear 15' 15' Side 0' 15' Street Side 20' 20' Proposed Revisions BUILDING: 24 one bedroom 6 one bedroom 40 two bedroom 58 two bedroom 24 three bedroom 24 three bedroom 8 four.bedroom 8 four bedroom 96 units total 96 units total PARKING: 192 spaces 6 handicap accessible 4. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area. Yes, there has been change in the area of the project which dictate that the property should be zoned as requested. When Meridian City adopted its Comprehensive Plan, it identified this area as appropriate for a planned unit development. When the City adopted its Area of Impact it determined that it would eventually annex this area. It is appropriate for the City to rezone from the existing County Rural Transitional zone to R-40 so that the City can work with the developer to extend services further into what is now the Area of Impact. Only by extending services, especially to property immediately contiguous to the City will the City be able to meet its goal of extending services throughout the Area of Impact over the next several years. 5. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area. As stated in Meridian's Comprehensive Plan, higher density residential development must be provided to meet the growing demands of the community. When adopting the Comprehensive Plan, the City acknowledged that, in the near future, this area would demand new residential uses as a complimentary mix to the existing employment opportunities. The project offers the City the opportunity to provide a creative and unified residential project and to set examples for PAGE-4 F: WPPS\WPDOCS\N_S\STAMnsWNNEX2.ZNG an attractive, heavily landscaped, well signed, innovative project for Meridian close to jobs and urban services. 6. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses. The proposed use (multi-family residential) will not be hazardous or disturbing to existing or future uses. These residences will provide housing close to jobs and services. The applicant and its representatives have had many discussions with residents in the area, City Staff and the Planning & Zoning Commission in designing a project that will mitigate potential disturbance. The numerous conditions of approval provided by Staff and the Planning & Zoning Commission ensure compatibility. The site plan to be discussed by the Commission shows that an elaborate park-like setting has been created for this project. Extensive setbacks and fencing would be provided at the southern boundary of the site to prevent disturbance to existing neighbors. One neighbor has asked the applicant to consider erecting a masonry wall which the applicant has said it will construct. Design details would be worked out with staff and the P&Z Commission. Windows have been designed to look away from the existing residences in the area. This project, after thorough review by the P&Z Commission and this Council, will be a compatible project worthy of being located in Meridian. 7. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services. The City's Comprehensive Plan and Zoning Ordinance calls for the provision of adequate infrastructure including roads, waste disposal and water to allow development. Ionic Enterprises has, and will continue to, work with the City, Ada County Highway District, and others to coordinate the provision of services necessary to accommodate the project. Costs of services in connection with the project will be paid for, in substantial part, by the applicant. Meridian has received testimony from the agencies and departments, including the Meridian School District, that were asked to comment on the project. There has been no objection. 8. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. The project is a natural progression of the development of Meridian's Area of Impact, which Meridian previously has identified for development. It is Meridian's intent to provide services throughout its Area of Impact. Development of this location ensures public facilities will be extended to all areas within the Area of Impact in a reasonable, progressive manner. The cost for most of these services will be funded by the applicant. Accordingly, this project will not be detrimental to the economic welfare of the community, but will help ensure that Meridian can provide the service it has planned for the entire Area of Impact within the next several years. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The project is proposed as a conditional use project. Accordingly, the City, through its Staff and the Planning & Zoning Commission, will set a number of conditions of approval to ensure that any potential detrimental element (such as lights) will not be excessive, and will be minimized. PAGE-5 F:\APPS\WPDOCS\N_S\STAnnns W NN EX2.ZNG • The City's professional traffic engineer, ACRD, has determined that this project will not unduly burden the road system. In addition, although not required by ACHD, the applicant asked JUB Engineers to prepare a traffic study for the proposed project to provide both the applicant, ACHD and the City with even greater comfort that the street system is adequate to serve this project. That traffic study will be presented to the P&Z Commission when the conditional use application is heard. The study demonstrates that the Level of Service ("LOS") at the intersection of Franklin and Locust Grove at the most heavily traveled time of day (that is, the PM peak hour) is LOS "C" and the LOS will remain at "C" after this project is completed. In fact, the traffic study shows that the LOS will remain at "C" taking into consideration the existing traffic, this development and anticipated growth in the area. With regard to road designs, Ada County Highway District ("ACHD") has worked, and is continuing to work, closely with the City of Meridian to determine what road designs are best planned to serve this area. ACHD has made numerous presentations to Meridian with alternative road designs for this area. 10. Will the area have vehicular approaches to the properly which shall be so designed as not to create an interference with traffic on surrounding public streets. Yes. There are two intended accesses. One on Franklin Road, approximately 400 feet west of the intersection with Locust Grove. The other access is approximately 400 feet south of the intersection on Locust Grove. Sight distances are adequate from both locations. Both the professional traffic engineers and ACRD have found there will be no undue interterence with existing or future traffic patterns. 11. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. The project will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 12. Is the proposed zoning amendment in the best interest of the City of Meridian. Yes, it is. The project is designed to be compatible with and further the goals, objectives, policies, and programs of the Comprehensive Plan, which goals have been adopted by the City to promote the public convenience and welfare. The project assists the City in improving the economic, social, and physical health of the community through better land use policies that do not violate private property rights, adversely impact property values, or create unnecessary , technical limitations on the use of private property. The project is designed to create a cohesive planned residential project thus achieving public benefits envisioned by the City's Comprehensive Plan. The Comprehensive Plan has already identified what the City has found to be in the best interest of Meridian for this area. The request for annexation and zoning and conditional use supports the goals and objectives of the Comprehensive Plan. As such, the project is in the best interests of Meridian. The project is an excellent example of a private property owner using the property in a manner that embodies the goals of the City's Comprehensive Plan in the Meridian Area of Impact and Urban Services Planning Area. PAGE-6 F:IAPPS\WPDOCS\N_S\STAMAS W NN EX2.ZNG ~du- ~ou~ctc~ ~ic~hura~ a1Ji~trict Sherry R. Huber, President ~ ~ 318 East 37th Street Judy,Peavey-Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner ~ ~ Fax (208) 387'-6391 Susan S. Eastlake, Commissioner a-mail: tellias@achd:ada.id.us June 3, 1999 ~~~ . REcE'~~ Robert R Smith '335 ~S. Locust Grove Road J U L '` s X999 k -Meridian, Idaho 83642 _ ,~ "CITY Ql~ -IVIERIDIAII~ Dear Mr. Smith: ~~~~ Thank you.for your concern about the extension and widening of Locust Grove Road, between Overland ~~ Road and Franklin Road. This section of road does not appear in ACHD's .Five Year Work-Program, but it is, however, listed in the Ada Planning Association's (APA) 2015 and 2020 Long Range Transportation Plans. As development applications are submitted ACHD has been preserving right-of--way for the long range plan developed by the APA. ~ . S _ I have passed your name and concerns to our Planning & Development Department for their files concerning this segment of Locust Grove Road. If there is any further information that I can provide, please feel free to call me at (208) 387-6225. Sincerely, Ada County Highway District Dale V. Kuperus, E.LT. . Design Engineer cc: Steve Spickelmier Larry Sale File- .;. ~ ~ - ... , a r k. +'ry ~. .5, ~ z ~' •. .. ~ 7 i :n __ ..¢ _ pY~-... ~tda l,ou~tt~ J~tic~hwac~ aL.Ji~trict ~r~eiry n. nuoer, rresiaent 318 East 37th Street Judy Peavey-Derr, Vice President Garden .City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208} 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner e-mail tellusa~achd ada id us DATE: Tuesday May 11, 1999 MEETING: Tuesday May 11, 1999 TO: Meridian Planning and Zoning Commission FROM: Steve Arnold Planning and Development RE: MAZ99-005/MCUP99-005 s/w corner Locust Grove and Franklin 96-Unit Apartments On April 7, 1999, the Commission reviewed and approved this application as MAZ99-005/MCUP99-005, a request for conditional use approval to construct a 96-unit apartment complex. The applicant also requested annexation and a rezone from RT to R-40. The 6.15-acre site is located at the southwest corner of Locust Grove Road and Franklin Road. In Facts and Findings A (see page 2 of the staff report) and Site Specific Requirement No. 2 (see page 4 of the approved staff report) discusses the right-of-way required for Franklin Road, which is 120-feet, or 60-feet from the centerline. This is the right-of-way required fora 7-lane principal arterial. Franklin Road is currently planned to be constructed as a 5-lane principal arterial. Fora 5-lane principal arterial the District will require 96-feet of right-of-way (48-feet of right-of-way) and not 120-feet (60-feet from centerline). The report was approved with an error and should state in the Facts and Findings and Site Specific Requirements that 48- feet of right-of-way (as measured from existing centerline) will be required from this development. ACRD staff will place this application on a future agenda for Commission review with the correct right-of-way requirements stated in the Facts and Findings and Site Specific Requirements. Staff does not anticipate any difficulties in the re-approval of this site by the Commission. District staff apologizes for any confusion that may have been created by this error and will see to it that similar errors are not repeated. If you have any questions or concerns about this application, please call me at 387-6178. Sincerely Steve Arnold Principal Planning and Development Analyst MAY 11 '99 12 26 ACRD PAGE.02 • • ~ ~ ~ • • • Memo Ta Angel Sims, Brittney Louie (City Gerk's Office) Frone Brad Hawkins-Clark cg~c- CC: Date~ 05/12/99 R~ Change of File/Projed Name At the request of Paul Starr~as, president of both Stamas Corp. and Ionic~Enterprises,.lnc., in the. attached, notarized Letter, please Hate the change of Cobblestone Vllage's'application from Starnas,to ~ Ionic. Please make all the necessary corrections in your office for future reference and action related to this file. Thanks. • Page 1 May 11, 1999 Steve Siddoway City of Meridian Plannimg Aepartmeat 200 E. Carlton Ste. 201 Meridian, ID 83642 RE: COBBLES?ONE ~.LAGE: Annexation, Zoo.ioQg, and Conditional Use Permit. Dear Steve, TLe application for the above referenced project was incorrectly submitted wader the name of Stamas Corporation instead of Ionic Enterprises, Inc.; the corporation that owns the pzoperty. Please consider this letter as authorizaticm to ~:chan~e th ae pplicantarie to ~IonacvEntezprises; Ind sincerely, ~~~~ -~__ Paul Z. Stamas P'residart Stamas Corporation. ~~ ~~' Paul Z. Stamas President Ionic Enterprises, Itte: One Sierra Gate Plaza Suite 3558 Roseville, CA 95678 (916) 783-0330 FAX (916) -783-3739 MAY 11 '99 14 26 916 783 3739 PAGE. GI? ay 11 99 01:26p STRMRS CORPORRTION 916-783-3739 P•3 ,~< ~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of ~~~ County of ~- -. On 1"( ~ ~ before m ATE personally appeared ~ L_ Ly" personally known to me OR ^ T SHARI DUBBIN ~ Comm. Nt153492 ~~ NOTAR'~ PUBLIC - OATYORNIA~ ~ /~ V ~ ~ NAME, TITLE OP OFFICER - E.G_'JANE DOE. NOTARY PUBLC NAME(S) OF SIGNER(S) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the p rson the entity upon behalf of rl^CEQ~ which per (s) cted, exe ted the instrument. Camm. Exp. Aug. 29.2001 ~ , WITPIESS my ~id ~an~ offic' S~ v SIGNAT E OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattacnment of this Corm. CAPACITY CLAIMED BY SIGNED DESCRIPTION OF ATTACHED DOCUMENT ^ INDIVIDUAL: ^ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT rmersl ^ LIMITED PARTNER(S) ^ GENERAL PARTNER(S) NUMBER OF PAGES ^ ATTORNEY-IN-FACT ^ TRUSTEE(S) ^ GUARDIAN/CONSERVATOR DATE OF DOCUMENT ^ OTHER: SIGNER(S) OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING; NAME OF PERSON(S) OR ENTITY(IES) q~r; ~R~ X739 PRGE.03 01/10/1995 23:38 2083238803 HOMCO DEVELOPMENT CO PAGE' 01 ,`:: .., - -~~r_ '_ ~ . Cnti~?»i ~ _..~~'!• .. ~:'-.r-~~ :. . - tl ')'' ` OAS .~ s~-~, ~ ~~~ •-~ .i. ~ Z ••.~. ~ , - - ~ r VJ~. JQ ~J~ C'~~-~ _ V _ r.'~ 'r v._ _ - ' 2 Ida~o 53709 (208) 375-1900 FAX .~2'-803 166 S. Go~dking 4`/aY Eo-s . APR 09 '99 10 45 2083238803 PAGE.01 la"~.cr.Z- ADI~COUNTY HIGHWAY D~TRICT ~6(~lPs~x U~~~ Planning and Development Division Development Application Report LF--~ CCU ~--~ ~~ ~- c~ 1 ~~-~ CCU Cv ~--~ MAZ99-005/MCUP99-005 s/w corner Locust Grove and Franklin 96-Unit Apartments The applicant is requesting conditional use approval to construct a 96-unit apartment complex. The applicant is also requesting annexation and a rezone from RT to R-40. The 6.15-acre site'is located of the southwest corner of Locust Grove Road and Franklin Road. This development is estimated to generate 634 additional (10 existing) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Locust Grove Road Franklin Road ACRD Commission Date -April 7, 1999 - 12:00 p.m. REC~~D MAR 2 ~ 1999 City of Meridian City Clerk Cffica ~ _ .-.pia ."~'esb~r.Q'+L04,~-r3 y~r.~ ~ ; ~~, '~~` 1, ~ :r~5' ~-a ~ ~ ~, '"' -9 $aS~ E~ ~~~~ ~ Jpe~ .. r eecing SuP ,~ ;~" X71 - W. ~~ a$° ~ L ~ ~ >de t,~ vY sus `"~~ .may, `~"~Pbp Win. .,~[ '•j r r°,~.'1~^aM ,,~ ~ + yp~ ~ .,a; _ e ~`F ~ ~~ y~ ''~ lj ~" s~ .{~~--~"~~~y.}{s~~~~{/aJ. J1~08371k~ -` ,'~' ~" ~ T'~. C~'j~ ^°' ~y/,1~1¢¢1~-3~ih Scacc Boi 2081345 7G50't- ; ~~ ~v~ o '"~ *¢ a, aV°~ 0~~ ~ x"'32081387-~t40 ti ~l ~~achd adz~d.'u. . • k ~ ~ ~ ~ ~ ~~~~ ~ ~ ~ Z 0 ~~ { ~~Y~::;E~4~~ ~ ~~ o ~ P Z P. P ~ E~~Y ~ 3~g ~~ F~~ ~rn s ~~; > ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 77p~ 44~SiS+D ^ N_ V~~ a ~ i0 ~O ~ ~ 0~ ~ Of _ l'J^J -" J - a ~ f~~ aS~ i Y: kkk ~ ~ ~ ~ DSn~ 2Vf ~ ~ O- U 7 O g . ~__»?~ ~S~ ~ jn ~ ~ ~ ~ zN ~, ~ N m ., ' ~ ' : ' ~ O ~ ~ c'f N ~ ~ ' ~ X = N Y i- i i i ~ i q N m m r ' D m ~; ~~ ;m ,~ z r- D Z z' p c ~I tl ~I ~ ~'~ COBBLESTONE VILLAGE Tamura D ~ ~~ ~ I3 "- : ~ a i i FRANKLIN 3 LOCUS GROVE S ~ PSSOQat¢S ~ I^ I I j~ MERIDIAN, IDAHO ° ,.I~t_~' I ~ ~ ~ i~ ' f f~ ~~ it Facts and Findings: C~ A CCU --a General Information ~. ~~~--~ CC3 --~ ~~ ~~ CCU :--~ ~-~--± Y C C~ ~~ Owner -Monte and Beverly McClure Applicant - Stamas Corporation/Ionic Enterprise Inc. RT -Existing zoning R-40 -Requested zoning 6.15 -Acres 96 -Proposed dwelling units 282 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities. -Impact Fee Assessment District T .ocust Grove Road Minor arterial with bike lane designation No traffic count available 565-feet of frontage 50-feet existing right-of--way (25-feet from centerline) 96-feet required right-of--way (48-feet from centerline) Locust Grove Road is improved to 2-lanes without curb, gutter or sidewalk. There is no overpass for the roadway over I-84. Once an overpass is constructed, staff anticipates traffic volumes will increase significantly on Locust Grove Road abutting the site. Staff have , considered the increase in traffic volumes with this application. Franklin Road Minor arterial with bike lane designation Traffic count of 8,804 on 10-21-97 475-feet of frontage 50-feet existing right-of-~vay (25-feet from centerline) 96-feet required right-of--way (48-feet from centerline) Franklin Road is improved to 2-lanes without curb, gutter or sidewalk. This segment of Franklin Road is listed as unfunded in the District's Five Year Work Program. ~ B. Utility street cots in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. C~ C. On August 21, 1996, the Commission reviewed and approved MCU-18-96/MA-3-96, a conditional use application requesting approval to construct five industrial buildings (112,500- ~~ total square feet) within phase one of a four phase industrial complex. That 36-acre site (approx.) is located on the northwest corner of Locust Grove Road and Franklin Road. N1AZ9900~.CMM Page 2 L • D. District policy states that direct access to arterials and collectors is normally restricted and that the developer shall try to use combined access. points. In accordance with District policy the ~+ applicant should be required to provide a recorded cross access easement for the parcel to the ~ south to use this parcel for access to the public streets prior to issuance of a building permit (or :--~ other required permits). The District intends to require a similar agreement of the owners of the '~ parcel to the south if they are the subject of a future development application. E. The applicant is proposing to construct a 24-foot wide driveway on Franklin Road, located ~ approximately 340-feet west of Locust Grove Road. This will align with an approved driveway on the north side of the road. That driveway was approved as a right-in/right-out driveway under MCU-18-96, a conditional use application for office/retail use. The subject applicant ~ should also be required to constnuct the driveway proposed to be 340-feet from the intersection ~-~-~ as a right-in/right-out driveway. The right-in and right-out traffic lanes should be constructed CCU 20-feet wide, and separated by an on-site channelizing island with a minimum area of 100- square feet within the driveway throat. The design and sight distance should be reviewed and approved by Development Services staff. F. The applicant is proposing to construct a 24-foot wide driveway on Locust Grove Road, located ~ approximately 315-feet south of Franklin Road. District policy will allow a full access driveway on a minor arterial if the driveway will have fewer than 1,000 VTD, there is no intervening driveway, and the driveway is on a minor arterial. The site's proposed driveway ~~ meets the criteria for a full access driveway. ~ G. In accordance with District policy, the applicant should be required to construct a 5-foot wide r--~ detached concrete sidewalk on Franklin Road abutting the site. The sidewalk should be located ~~ t~vo feet within the new right-of--way of Franklin Road. Coordinate the location and elevation of the sidewalk with District staff. ~ H. In accordance with District policy, the applicant should be required to construct a 5-foot wide detached concrete sidewalk on Locust Grove Road abutting the site. The sidewalk should be located t~vo feet within the~new right-of--way of Locust Grove Road. Coordinate the location ~~ and elevation of the sidewalk with District staff. I. Graveled driveways abutting public streets create maintenance problems due to gravel being :tracked onto the roadway. In accordance with past action by the District the applicant should be required to pave the driveways their frill width and at least 30-feet beyond the edge of pavement of Locust Grove Road and Franklin Road and install pavement tapers with 15-foot . radii abutting the existing roadway edge. J. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. ~~ ~ K. The existing transportation system will be adequate to accommodate the additional traffic ~~ generated by this proposed development with the requirements outlined within this report. MAZ99005.CMM Page 3 • The following requirements are provided as conditions for approval: C~...~' Site Specific Requirements: 1. Dedicate 48-feet ofright-of--way from the centerline of Locust Grove Road abutting the parcel ~~ by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of--way dedicated as an addition to existing right-of--way from ~ available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. -~--~ ~ 2. Dedicate 48-feet ofright-of--way from the centerline of Franklin Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to '"~ issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of--way dedicated as an addition to existing right-of--way from available impact fee revemies in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD ~ Ordinance #188. 3. Provide a recorded cross access easement for the parcel to the south to use this parcel for ~~ access to the public streets prior to issuance of a building permit (or other required permits). 4. Construct aright-in/right-out driveway on Franklin Road, located approximately 340-feet west ~-~ of Locust Grove Road. The right-in and right-out traffic lanes shall be constructed 20-feet wide, and separated by an on-site channelizing island with a minimum area of 100-square feet within the driveway throat. The design and sight distance should be reviewed and approved by _ Development Services staff. ~. Construct a 24-foot wide driveway on Locust Grove Road, located approximately 315-feet south of Franklin Road. LH ~ 6. Pave the driveways their frill width and at least 30-feet beyond the edge of pavement of Locust .a Grove Road and Franklin Road and install pavement tapers with 15-foot radii abutting the ''~~ existing roadway edge. Construct a 5-foot wide detached concrete sidewalk on Franklin Road abutting the site. The sidewalk should be located two feet within the new right-of--way of Franklin Road. Coordinate the location and elevation of the sidewalk with District staff. 8. Constnict a 5-foot wide detached concrete sidewalk on Locust Grove Road abutting the site. C~ The sidewalk should be located two feet within the new right-of--way of Locust Grove Road. Cv Coordinate the location and elevation of the sidewalk with District staff. :---a 9. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. MAZ99005.CMM Pale 4 i~ 10. Other than the access points specifically approved with this application, direct lot or parcel ~ ~ access to Locust Grove Road or Franklin Road is prohibited. ~~ Standard Requirements: .. 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. T e request ~ s -all specifically id n ify each requirement to be reconsidered and include a written explanation of wh~such a requirement would result in a substantial hardship or ine411ity The written request shall be submitted to the District no la er than 9:00 a.m. on the day scheduled for _,~= A HD ommission action. Those items shall be rescheduled for discussion with the ~ ~-I--~ Commission on the next available meeting agenda. CCU ~"~ Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action ~~ do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the ~~ action and shall include a minimum fee of $110.00. The reg»PSt for reconsideration shall ~necifically id .n if~~ash requirement to be reconsidered and include written documentation of .'-~--~ data that was not available to the Commission at the time of its original decision. The request ~~ for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. ~ 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. ~+ ~ 4. All design and constriction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services rt '"~~ procedures and all applicable ACRD Ordinances unless specifically waived herein. fl 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Constriction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. C- CU 7. No change in the ternls and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. MAZ9900~.CMM Page 5 8. Any change by the applicant in the planned use of the property which is the subject of this ~~ application, shall require the applicant to comply with all rules, regulations, ordinances, plans, ~ or other regulatory and legal restrictions in force at the time the applicant or its successors in ~~ interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. i Conclusion of Law: 1. ACRD requirements are intended to assure that the proposed use/development will not place an _,~ undue burden on the existing vehicular and pedestrian transportation system within the vicinity ~ impacted by the proposed development. "~'~ Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by.; Date of ('ommission Action: 1 Steve Arnold LF-~ C~ ~~ ~- CC~ r-+ ~~ ~-~-~ CCU ~---~ _~ MAZ99005.CMM Page 6 r ~,. ~_ • MERIDIAN PLANNING & ZONING MEETING: JUNE 8. 1999 APPLICANT: IONIC ENTERPRISES INC. ITEM NUMBER: 5 REQUEST: ANNEXATION $ ZONING OF 6 15 ACRES (FOR R-40 ZONING) FOR PROPOSED COBBLESTONE VILLAGE AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 5/11/99 CITY ENGINEER: ~~ ~~~~ ~~~~~ CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER 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: SEE ATTACHED COMMENTS ~ c~~~ ~-e- All Materials presented at public meetings shall become prope of the City of Meridian. RFc~~D PETITION JUN 0 4 1999 MAY 19, 1999 City of l~~eridian City Clerk Office TO MERIDIAN PLANNING AND ZONING COMMISSION: We, the property owners and residents of the South Locust Grove and Franklin road intersection area, protest the 96 unit apartment complex proposed by the Stamas Corporation/Ionic Ent. at the southwest corner of. said intersection. We hereby request that the application to develop this c_ omplex be denied for the following reasons: 1) With, the current flow of traffic, the intersection of South Locust Grove and Franklin roads becomes dysfunctional at times because of the lack of turn lanes and traffic control signals. The 96 plus vehicles from the apartment complex and the several hundred vehicles from the Jabil Circuit Inc. complex (at South Locust Grove and I-84) add to this already serious and dangerous situation. It creates an impossible condition. South Locust Grove is a dead end road, there is no other way in or out except the Franklin road intersection. 2) The- apartment complex plans two accesses, both very close to said intersection, which compounds the traffic problem. 3) It appears that the purpose of the apartment complex is to provide low income subsidized housing. We strongly protest the existence of this type of project in an area that is obviously not compatible or receptive to the proposal presented by Stamas Corporation/Ionic Ent. Meridian. ID 83642 PRINT NAME ADDRESS TELEPHONE SIGNATURE ~ i ~. Ada County Highway District Locust Grove Road Widening Project May 27, 1999 Welcome to the Ada County Highway District's Locust Grove Road Widening public information open house. This project will include a new signal at Locust Grove Road and Ustick Road. The widening will include three vehicular lanes and new bicycle lanes from Fairview Avenue to Ustick Road. Both the Fairview Avenue and Ustick Road intersections will be widened to five lanes with storm water drainage improvements. Additionally, the ACRD is in the design process to replace the current bridge over South Slough. The current traffic count is 10,000 vehicles per day. The projected traffic for the year 2020 is 11,300 vehicles per day. The Ada County Highway District's five year work program currently shows the following schedule information for Locust Grove Road: Planning and Design 1999 Right-of--Way Acquisition 2000 Project Construction 2001 (tentative). The total preliminary cost estimate for design, right-of-way acquisition and construction is $3 million. , Future Roadway Projects in Meridian Roadway Widening Projects ^ Linder Road, Franklin Road/Cherry Lane: 3 lane urban section plus bike lanes, curb, gutter and sidewalk. Design 2003, Right-of--Way 2004 • Linder Road, Ustick Road/Cherry Lane: 3 lane roadway with curb, gutter and sidewalk • Design for Locust Grove, Franklin RoacJlFairview Fairview Avenue including railroad crossing • McMillan Road/Eagle Road west to the West Boise Sportsplex. Design 2003, Right- of-Way 2004 • 2004: Overland Road; Locust Grove/Eagle Road • 2004: Overland Road, MeridianRoad/Locust Grove ^ 2003: Pine Avenue (Executive), Locust GrovelEagle Road • 2003: Pine Avenue (Executive), Eagle Road/Cloverdale Road ^ Ten Mile Road, Cherry Lane/Ustick Road. Design 2004 • Ten Mile Road, Pine Avenue/Cherry Lane (over) { ` `c ~ , i . t. Intersection Proiects ^ Eagle Road and Fairview Avenue ^ 2004: East 15t Street and Waltman Lane/Meridian Road/Central Drive Traffic Control System Projects ^ 2002: Eagle Road ITS Installation from Chinden to Overland. ^ 2001: Meridian ITS Installation. Other Projects ^ 2002: Cloverdale Bridges #253 and #254. ^ 2001: Eagle Road Bridge #248. ^ 2000: North Meridian Drainage Study • 2000: Park & Ride lot near northeast corner ofi Meridian and Overland Roads. Alu 16265 Star Road , Nampa, Idaho 83687-8415 ''_ 208/467-4491 •345-4780 ~' " •~ 1,-800-321-8273 208/467-4538 FAX lass Industries Incorporated MANUFACTURER & DISTRIBUTOR OF ALUMINUM, VINYL & GLASS PRODUCTS , __ .._ ~-l<lun _~~ ~ L~-~ `~ _~ . _. _ _______ _ _ _.._ _ --_ _~t,~K_ g c`~ ~ -~(~~ r(~ __ __ _ _ APR 01 '99 16 59 FR PU~IC WORKS 3y` ~ •. L 2088871297 TO .3238803 P.01i01 ~ ,/~ecef~~y ~~~s~ ~~~ `~ CCIBBL.~STOIVE VILLAGE PROPERTY OWNERS WIT~N 300' BUILDERS MARKETPLACE TNC 1300 E FRANKLIN RD MERIDIAN ID 83642-5902 TAMURA DOUGLAS W AND BERRY ARTHUR J BERRY-TA,MURA 960 BROADWAY AVE SUITE #450 BOISE ID 83706-3623 1620 E FRANKLIN RD E 1RANKLIN RD MCCLURE MONTE C & BEVERLY J 2626 PENNICK POINTE LN ~ MERIDIAN Ili 83642 `J~1° 1475 E FRANKLIN RD ~~~- PRDF~RTIES WEST INC 1401 SI~ORELINE DR BOISE ID 83702-6869 E FRANKLIN RD 100 S ADKINS WAY S ADKINS WAY J AND A ENTERPRISES 9272 CHELAN AVE BOISE ID 83714 50 S ADKINS WAY ~~~ ~~~a ~~. ROBERSON A 8c E TRUST RQBERSON A T 8c E M LIFE ESTATE ,.,.. ROBERSON A T & E M TRUSTEES 185 S LOCUST GROVE RD _ :.,.:.,1_ MERIDIAN ID 83642-6205 BRACICUS NICK 8c BRACKUS ELIZABETH ANN 1 Os 11 ALBANY 80ISE ID $3713 ~ 80 S ADKINS WAY WITHERELL JAMES N k ANN p~ 215 S LOCUST GROVE RD ~~- MERIDIAN ID 83642-6205 ~~ 205 S LocUST GROVE RD S LOCUST GROVE RD DELSMAN JOHN W & ROLLENE TRUST DELSMAN JOI~.N W & ROLLENE TRSTE 1 244 W HEMPSTIGAD DR EAGLE ID 83616 150 S ADKINS WAY h ~° ,^A'' 7 ~ ~ ~~- PRESSLEY FRANICIE GENE 1c a~~ VERNADEN$ ~- -~ 255 S LOCUST GROVE RD MERIDU~N ID 83642-6206 DOUBLE JAYCEE pRUPERTIFS LLC 4192 W PLUMROSE ST MERIDIAN ID 83642 190 S LOCUST GROVE RD CULLIF RODNEY L & SHIRLEY A " 1821 E FRANKLIN RD 1VIERIDIAN ID 83642-5907 1819 E FRANKLIN RD ~~ WEST NAT1iAN D & CONNIE 160 S LOCUST GROVE RD MERIDIAN ID 83642-6204 ~~~ ~~~~ ** TOTAL PAGE.01 ** ~ ' -~ MERIDIAN PLANNING AND ZONING MEETING: MAY 11, 1999 APPLICANT: STAMAS CORPORATION /IONIC ENTERPRISE INC. ITEM NUMBER: 5 REQUEST: ANNEXATION 8~ ZONING OF 615 ACRES (FOR R-40 ZONING) FOR PROPOSED COBBLESTONE VILLAGE AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 4/13/99 CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER 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: All Materials presented at public meetings shall become property of the City of Meridian. ~-taa~ ~ ~ .~ ~_ h,~.,2. ~ ~~ ~ ~ SEE ATTACHED COMMENTS REVIEWED REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~~~~ ~ti~. C~" ~ 1 MERIDIAN PLANNI~& ZONING COMMISSION • APRIL 13, 1999 PAGE 70 MacCoy: All right, all in favor? MOTION CARRIED: All ayes. MacCoy: Thank you Becky for your lengthy discussion and our guidance and keeping your cool. The public is leaving, thank you all for showing up today and making your statement: ITEM NO. 11: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR AN APPROXIMATELY 8,000 SQUARE FOOT BUILDING BY BILL 8~ PAT GEYER - NE CORNER OF WILSON 8< LOCUST GROVE: MacCoy: This item is to be moved to the May 11. De Weerd: Mr. Chairman, 1 move that we continue the public hearing for the request of conditional use permit for Bill & Pat Geyer to May 11. Barbeiro: I second the motion. MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM NO. 12: PUBLIC HEARING: REQUEST FOR ANNEXATION 8< ZONING OF 6.15 ACRES (FOR R-40 ZONING) FOR PROPOSED COBBLESTONE VILLAGE BY STAMAS CORPORATION /IONIC ENTERPRISE INC. - SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: De Weerd: Mr. Chairman, I move that we continue the public hearing for the request for annexation and zoning of 6.1 acres for the proposed Cobblestone Village to May 14. Barbeiro: I'll second .the motion. MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM NO. 13: PUBLIC HEARING: REQUEST fOR CONDITIONAL USE PERMIT FOR AMULTI-FAMILY, 96 UNIT APARTMENT BUILDING FOR PROPOSED COBBLESTONE VILLAGE BY STAMAS CORPORATION /IONIC ENTERPRISE INC. -SOUTHWEST CORNER OF LOCUST GROVE 8~ FRANKLIN: MERIDIAN PLANP~G & ZONING COMMISSION APRIL 13, 1999 PAGE 71 De Weerd: Mr. Chairman, I move that we continue the public hearing for the request for conditional use permit for amulti-family 96 unit apartment building for Cobblestone Village to May 11. Barbeiro: I second the motion. MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM NO. 14: SIGN REVIEW: RC WILLEY HOME FURNISHINGS - NE CORNER OF FRANKLIN RD & EAGLE RD: MacCoy: Is the applicant here to talk for RC Willey? DAN CONNELLY, 6528 SUPPLY WAY, BOISE, ID. Connelly: I didn't know what to expect from a sign review, I didn't know what exactly to bring as far as preparation to show the commission. De Weerd: Do you have the sign? Connelly: Do I have the sign with me? It's in my car. I did take some time to do a little survey of the location surrounding Franklin and Eagle there. I don't know if I could submit these photographs for review or not? MacCoy: If you do then they become property of the city. Connelly: You can have them, I have a copy. MacCoy: Let him have them first. Connelly: The first picture is a photograph of RC Willey's location, their sign that exists in Salt Lake City. It is a 58 foot pylon sign and I submitted that specifically to show that they are not asking for anything out of the ordinary, that they don't have at other locations currently. I think RC Willey is being pretty considerate with the size and location and the scale of the landscaping, the building, the showroom alone is 100,000 square feet, the landscaping they're going to- approximately 90 trees. The two roads that-will represent access to the building, I know they're for the building and for commercial, future commercial development. I don't know exactly the percentage of the bill that RC Willey will be footing for those roads, but I know that they are taking a substantial investment to build those roads. I think by representation of those photographs, you can see the visibility problem that that location presents, kind of sunk down on the hill between Franklin and Eagle. ** TX CONFIRM~N REPORT ** DATE TIME TO/FROM 06 05/06 10 41 3368441 AS OF MAY 06 ~10~49 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMDtt STATUS G3--S 0?'41" 012 073 OK Mayor NUB OF TREASURE VALLEY ROBERT p, CORRIE A Good Place to Live CITY QF 1VIERIDIAN cHARtES eouNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAIiO 83642 RONANDERSON Phone (208) 883.4433 • Fax (ZOS) 881-4813 KEIT'y BIRD LEGAL UEP,iRTh1ENT (308J 95i-~:G~t PUBLIC WORKS BUSLDING DEP,~RTh1ENT (309) 8x7•`_311 PLANNING AND ZONING DEPARTh1ENT (208) 89~--5533 222// ~~ FACSIMI``LE COVER SHEET FAX NUMBER: 3J~P r~~ 1 DATE: S (p ~~ TITLE/DEPARTMENT: CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): FROM: CITY OF MERIDIAN - FAX NUMBER: (208) 888-4218 r--~ . 1 D TITLE/DEPARTMENT: v 4. 1 COMMENTS:~_ :• `, ~'- -~ j - - C~ PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4.433. `. ~:. «r,- , ** TX STATUS REPORT ** PUBLIC WORKS ~ ~ ~ ~ DATE TIME TOiFROM MODE MINiSEC PGS CMDtt STATUS 0~` ~,CC' 200 E. Carkon, Ste. 201 \y~ 5 AAeridian, ID 83612 (~ o-~ `~. Phone: 8645533 ~ ~ ry`~X Fax 887-1297 1 Q `,~}~4I ~~ ~~ Fa~c To: ppu Tarr~urc~, Fronk Sonya Day Fax: 336 - ~Hti I Date: y - q - 9 9 • AS OF APR 09 '99 10 56 PAGE.01 Phono; Pages: 6 (Including Dover sheet) Re: Cob.l~les-bne Yi Il0.ge L'ommentSCC: ^ urgent ~ For Review O Please Comment ^ Please Reply ^ Please Recycle •Cornments: ~,~v I~ ~~ 1~.. ~ ~, ** TX STATUS REPORT ** AS OF APR 09 '99 11 23 PAGE. 01 PUBLIC WORKS DATE TIME TOiFROM MODE MINiSEC PGS CMDtt STATUS 30 04109 1l ~ 21 ~3368441~ G3--S,-.-02-00' 0 3 ,,..224= -~OK"~ -----------------------------------------------------------=---------------=--------------- P&Z CominissionJMayor & Council April 9, 1999 Page 3 5. A drainage plan designed b3' a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 6. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 7. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 8. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. SITE SPECIFIC COMMENTS 1. Provide revised site plan detailing all existing and proposed utilities for review by the Meridian Public Works Departrrient. Designer is to coordinate sizing and routing of sanitary sewer and water within the development with the Public Works Departmenrt. 2. Provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 3. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, "Late Comers" fees may also be charged against this parcel to help reimburse the parties responsible for installing mains to their current points. 4. A total of 57 three-inch caliper trees are required for the project. Due to the issues of entryway corridors and bufi'eritig of adajacent properties, trees in addition to the required three-inch caliper trees should be provided. Landscape buffers on Locust Grove Road and Franklin Road need to show detailed vegetation and tree plantings. Sodding only of these areas is not acceptable. Provide detailed landscape plan for review and approval. 5. Particular artention will need to be paid to lightuig plans to ensure adjacent residential properties and the traveling public is not impacted by glare, as determined by the City of Meridian CUP-99-005 CobblesWneV ilhigeCUP MERIDIAN PLANNING AND ZONING MEETING: APRIL 13 1999 APPLICANT: STAMAS CORPORATION /IONIC ENTERPRISE INC. ITEM NUMBER: 12 REQUEST: ANNEXATION 8 ZONING OF 615 ACRES FOR R-40 ZONE (PROPOSED COBBLESTONE VILLAGE AGENCY COMMENTS CITY CLERK: SEE ATTACHED LETTER CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: t ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: MERIDIAN IRRIGATION: ~i NAMPA P SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ro~~~ ~~ All Materials presented at public meetings shall become property of the City of Meridian. ~~ ~r~ ~+~ Apri19, 1999 Will Berg Jr. Meridian City Clerk 33 E. Idaho Meridian, ID 83642 Re: Cobblestone Project Stamas /Ionic Corp. Dear Mr. Berg, s In view of the ACRD additional right of way which may effect the current plan and number of units that can fit on the property, it is necessary to ask for a continuance of the above property until the May 11th hearing with Planning & Zoning. Thank you for your consideration. Sinc CQ ~l+~~+ Bryc Peterson R~CE~D APR 1 2 1999 CITY OF MERIDIAN ., a - „ ~ .... t t ^ ` q-, s tai OFFICIALS ~ ~ .~ ~ HUB OF TREASURE VALLEY COUNCIL MEMBERS WILLIAM G. BERG, JR., city clerk A Good Place to Live CHARLES M. ROUNTREE JANICE L. SMITH, City Treasurer GARY D SMITH P E Cit En in CITY OF MERIDIAN GRON ANDERSONY . , . ., y g eer BRUCE D. STUART, water works Supt. KEITH BIRD JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO TOM KUNTZ, Parks & Rec. Director MERIDIAN, IDAHO 83642 P & Z COMMISSION DENNIS J. SUMMERS, Parks Supt. Phone (208) 888-4433 • FAX (208) 887-4813 SHARI L. STILES, P & Z Administrator Public WorksBuilding Department (208) 887-2211 JIM JOHNSON, Chairman KENNETH W. BOWERS, Fire Chief Legal Department (208) 884-4264 MALCOLM MACCOY W.L. "BILL' GORDON, Police Chief KEITH BORUP WAYNE G. CROOKSTON JR., A omey MEMORA1vDU~VI ROBERT D. CORRIE M BYRON SMITH R~~I~soN "~ : ayor Aprd , To: Planning & Zoning Commission, Mayor and City Council From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator Re: Request for Annexation and Zoning to R-40 with a Conditional Use Permit fora 96- Unit Apartment Complex on 5.03 Net Acres +/- by Stamas Corporation/Ionic Enterprise, Inc. -Proposed Cobblestone Village We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: ANNEXATION AND ZONING COMMENTS 1. The legal description submitted with the application for annexation appears to meet the requirements of the City of Meridian, and State Tax Commission. 2. The property included in this application is located in an area designated as Mixed/Planned Use Development in the Meridian Comprehensive Plan. Located at the southwest corner of Franklin and Locust Grove, it borders the eastern boundary of Medimont (Stonebridge) Subdivision, an industrial development. The 20-foot-wide planting strip shown on the site plan is part of that subdivision. To the north, across Franklin Road, is vacant ground currently zoned C-G; a residential property zoned RT in Ada County is adjacent to the southern boundary; and RT property is located east of Locust Grove Road. . CONDITIONAL USE COMMENTS 1. As this property is designated in the Meridian Comprehensive Plan as a mixed planned use development area, a requirement of the annexation is that uses be developed as a planned unit development under the conditional use permit process. 2. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 3. No utilities are shown on the site plan with details to indicate how the individual buildings will be served. CUP-99-005 CobblestoneVillage.CUP HCS: Unsignalized Intersections Release 2.1c LGOIPM.HCO Page 1 J-U-B ENGINEERS, Inc. 250 South Beechwood Avenue, #201 Boise, ID 83709-0944 Ph: (208) 376-7330 Streets: (N-S) S. Locust Grove Rd. (E-W) Franklin Road, ' Major Street Direction.... EW Length of Time Analyzed... 60 (min) Analyst .. ................ ghf Date of Analysis.......... 7/4/99 Other Information.........Counts: 2001 PM Two-way Stop-controlled Intersection i ' Eastbound Westbound Northbound L T R L T R L T R Southbound L T R ' No . Lanes 0 1 < 0 0 > 1 0 0 Stop/Yield N N > 0 < 0 0 0 0 Volumes 588 23 64 468 16 25 PHF .81 .75 .73 .9 .67 .58 Grade 0 0 0 MC's (%) SU/RV's (%) PCEss(~) 1.10 1.10 1.10 ---------------------------------------------- ----------- -------------- a Adjustment Factors Vehicle Critical Follow-up Maneuver Gap ( tg ) Time ( t f )~ r ______________________________________________ Left Turn Major Road 5.00 ___________ _________ 2.10 Right Turn Minor Road 5.50 2.60 Through Traffic Minor Road 6.00 3.30 Left Turn Minor Road 6.50 3.40 7 fl r Zo~~ ?~ 1 u HCS: Unsignalized Intersections Release 2.1c LGOlPM.HCO Page 2 Worksheet for TWSC Intersec tion Step 1: RT from Minor Street ------------------- NB SB ------------------- Conflicting Flows: (vph) --------------- 742 --- Potential Capacity: (pcph) 583 Movement Capacity: (pcph) 583 Prob. of Queue-Free State: 0.92 Step 2: LT from Major Street WB EB Conflicting Flows: (vph) 757 Potential Capacity: (pcph) 747 Movement Capacity: (pcph) 747 Prob. of Queue-Free State: O;g7 TH Saturation Flow Rate: (pcphpl) 1700 RT Saturation Flow Rate: (pcphpl) Major LT Shared Lane Prob. of Queue-Free State: --------------------- 0.81 ----------------- Step 4: LT from Minor Street --------------- NB --- SB Conflicting Flows: (vph) 1350 Potential Capacity: (pcph) 175 Major LT, Minor TH Impedance Factor: 0.81 Adjusted Impedance Factor: 0.81 Capacity Adjustment Factor due to Impeding Movements 0.81 Movement Capacity: (pcph) --------------------------------------- 142 -------------- --- Intersection Performance Summary Avg. 95% Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (pcph)(sec/veh) (veh) -------- ------ ------ ------ ------ (sec/veh) - NB L 26 142 > ------- ----- --------- 277 17.6 1.2 C 17.6 NB R 47 583 > WB L 97 747 5.5 0.5 B 0.7 Intersection Delay = 0.9 sec/veh Zoos ~~"" 1 ~J 1 HCS: Unsignalized Intersections Release 2.1c LG-O1PM.HCO Page 1 Center For Microcomputers In Transportation ` University of Florida 512 Weil Hall Gainesville, FL 32611-2083 Ph: (904.) 392-0378 ------ ---------------------- Streets: (N-'S) Locust Grove Road (E-W) Franklin Road Major Street Direction.... EW Length of Time Analyzed... 60 (min) Analyst ................... ghf Date of Analysis.......... 7/1/99 Other Information.........PM Peak Hour, Revised 2001 Two-way Stop-controlled Intersection -------------------------------- Eastbound I westbound Northbound Southbound 7~ T R L T R L T R L T R No. Lanes Stop/Yield Volumes PHF Grade MC's (%) SU/RV's (%) CV's (%) PCE's~ 0 > 1 0 N 78 517 .75 .94 0 1..10 0 > 0 < 0 19 33 .69 .83 0 1.10 1.10 Adjustment Factors 0 '° 0 0 Vehicle Critical Follow-up Maneuver Gap (tg) Time (tf) Left Turn Major Road 5.00 2.10 Right Turn Minor Road 5.50 2.60 Through Traffic Minor Road 6.00 3.30 Left Turn Minor Road 6.50 3.40 rr~~ ~~ ,R,e~;s~~' ~"-- ~~~~ 0 1 < 0 N 538 19 .82 .58 0 ~f HCS: Unsignalized Intersections Release 2.1c LG-OlPM.HCO Page 2 Worksheet for TWSC Intersection NB SB Step 1: RT from Minor Street --------------------------- --------------- -- ------------ Conflicting Flows: (vph) 672 Potential Capacity: (pcph) 632 ' Movement Capacity: (pcph) 632 Prob_-of-Queue_Free-State------- ------ 0_93----_- Step 2: LT from Major Street ------------------------------ WB --------------- EB -- --------- Conflicting Flows: (vph) 689 Potential Capacity: (pcph) 805 ' Movement Capacity: (pcph) 805 Prob. of Queue-Free State: 0.86 TH Saturation Flow Rate: (pcphpl) 1700 , RT Saturation Flow Rate: (pcphpl) Major LT Shared Lane Prob. ---------------- of Queue-Free State- 0_79-----_- ' -- Step 4: LT from Minor Street NB SB Conflicting Flows: (vph) 1326 Potential Capacity: (pcph) 1'81 Major LT, Minor TH Impedance Factor: 0.79 , Adjusted Impedance Factor: 0.79 Capacity.Adjustment Factor. due to Impeding Movements 0.79 Movement Capacity: (pcph) ------------------------------ 143 --------------- -- --------- Intersection Performance Summary ' Avg. 95% Flow Move Shared Total Queue Approach ' Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (pcph)(sec/veh) (veh) (sec/veh) L 31 143 > NB 262 19.2 1.3 C 19.2 NB R 44 632 > , WB L 114 805 5.2 0.5 B 0.7 Intersection Delay = 1.2 sec/veh , 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 HCS: Unsignalized Intersections Release 2.1c LGOlPM1.HC0 Page 1 J-U-B ENGINEERS, Inc. ~' 250 South Beechwood Avenue, #201 Boise, ID 83709-0944 Ph: (208) 376-7330 -------- ____________________ Streets: (N-S} S. Locust Grove Rd. (E-W) Franklin Road Major Street Direction.... EW Length of Time Analyzed... 60 (min} Analyst ................... ghf Date of Analysis.......... 7/4/99 Other Information.........Counts: 2001 PM Two-way Stop-controlled Intersection ------------------------------------ Eastbound Westbound Northbound Southbound L T R L T R L T R L T R --- ---- ---- ---- ---- No. Lanes Stop/Yield Volumes PHF Grade MC's ( o) SU/RV's (%) CV's ( o) PCE's------ 1 1 0 N 64 468 .73 .9 0 1.10 1 0 1 16 25 .67 .58 0 1.10 1.10 Adjustment Factors 0 0 0 Vehicle Critical Follow-up Maneuver Gap (tg) Time (tf) Left Turn Major Road 5.00 2.10 Right Turn Minor Road 5.50 2.60 Through Traffic Minor Road 6.00 3.30 Left Turn Minor Road 6.50 3.40 Zook /gym wJ ~t. -win b~~s 0 1 < 0 N 588• 23 .81 .75 0 t: HCS: Unsignalzed Intersections +Release 2.1c LGOlPM1.HC0 Page 2 Worksheet for TWSC Intersection ------------------------SB Step l: RT from Minor Street NB Conflicting Flows: (vph) 742 Potential Capacity: (pcph) 583 Movement Capacity: (pcph) 583 Prob. of Queue-Free State: 0.92 -- Step 2 : LT from Major Street ----------------- ---------------------EB yJg ---------- Conflicting Flows: (vph) ----------------------- 757 Potential Capacity: (pcph) 747 Movement Capacity: (pcph) 747 Prob. of Queue-Free State: 0,87 Step 4: LT from Minor Street ----------- NB SB ----------- Conflicting Flows: (vph) ----------------------- 1350 Potential Capacity: (pcph) 175 Major LT, Minor TH Impedance Factor: 0.87 Adjusted Impedance Factor: 0,87 Capacity Adjustment Factor due to Impeding Movements 0,87 Movement Capacity: (pcph) ----------------------------- 152 ---------------------- Intersection Performance Summary Avg. 95% Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay Movement (pcph) -- (pcph) ------ (pcph)(sec/veh) ------ ---- (veh) (sec/veh) NB L 26 152 --- 28.6 ------- ----- --------- 0.6 D NB R 47 583 6,7 WB L 97 747 5.5 0.2 B 0.5 B 0.7 15.2 Intersection Delay = 0.8 sec/veh Z ~o i Ism HCS: Unsignalized Intersections Rele ase 2.1c LG- OlPMA.HCO Page 2 Worksheet foz TWSC Intersec tion r ___p_ ______________________________ Ste 1: RT from Minor Street ----------------- _______________ NB ___ SB --------------------- Conflicting Flows: (vph) Potential Capacity: (pcph) --------------- 672 632 --- Movement Capacity. (pcph) 632 Prob. of Queue-Free State: 0.93 1 ______________________________________ Ste 2 LT f M S _______________ ___ p : rom ajor treet ----------------- WB EB --------------------- Conflicting Flows: (vph) --------------- 689 --- ' Potential Capacity: (pcph) 805 Movement Capacity: (pcph) 805 `Prob. of Queues-Free State: 0.86 1 ______________________________________ _______________ ___ Step 4: LT from Minor Street ------------------ NB SB -------------------- Conflicting Flows: (vph) --------------- 1326 --- Potential Capacity: (pcph) 181 Major LT, Minor TH Impedance Factor: O.g6 f Adjusted Impedance Factor: 0.86 Capacity Adjustment Factor due to Impeding Movements 0.86 Movement Capacity: (pcph)-------------- -155---------- -- ' Intersection Performance Summary Avg. 95% Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (pcph)(secjveh) (veh) (sec/veh) ' NB L 31 155 29.0 0.8 D 14.5 NB R 44 632 6.1 0.1 B ' WB L 114 805 5.2 0.5 B 0.7 _ Intersection Delay = 1.0 sec/veh ~J~S~~ P z°o 1 ~ ~~ ~ ~~~ ~ ~,, ~ 1 ~~'.~~~ HCS: Unsignalized Intersections Release 2.1c LG--0IPMA.HCO Page 1 Center For Microcomputers In Transportation ~° University of Florida 512 Weil Hall Gainesville, FL 32611-2083 Ph: (904) 392-0378 ____________________________________________________ Streets: (N-S) Locust Grove Road (E-W) Franklin Road Major Street Direction.... EW Length of Time Analyzed... 60 (min) Analyst ................... ghf Date of Analysis.......... 7/1/99 Other Information......... PM Peak Hour, Revised 2001, with separa to Lt. turn lanes. Two-way Stop-controlled Intersection _________________________________________ Eastbound Westbound Northbound Southbound L T R L T R L T R L T R -- ---- ---- ---- ---- ---- ---- No. Lanes Stop/Yield Volumes PHF Grade MC's (%) SU/RV's (%) CV's (%) PCE's 1 1 0 N 78 517 .75 .94 0 1.10 1 0 1 19 33 .69 .83 0 1.10 1.10 Adjustment Factors 0 0 0 Vehicle Critical Follow-up Maneuver -------------------------------- Ga (t ) P --- g Time (tf) Left Turn Major Road ----- --- - ------ 5.00 -------------- 2.10 Right Turn Minor Road 5.50 2.60 Through Traffic Minor Road 6.00 3.30 Left Turn Minor Road 6.50 3.40 0 1 < 0 N 538 19 .82 .58 0 1 1 1 ~ ~ ENGINEERS • SURVEYORS • PLANNERS 1 1 u 1 1