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HomeMy WebLinkAboutCreekside Arbour II CUP 99-008HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN`BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 ' r PLANNING AND ZONING DEPARTMENT (208) 884-5533 ,. TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN I 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: MAY 4, 1999 TRANSMITTAL DATE: April 5, 1999 HEARING DATE: MAY 11, 1999 FILE NUMBER: CUP -99-008 I' REQUEST: CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR-PLE (ES. WITH 6 POOL AND CLUBHOUSE FOR USE BY PHASE I & II BY: WILLIAM & LUCILE LEAVELL LOCATION OF PROPERTY OR -PROJECT: END OF 5T" . NORTH OF CREEKSIDE ARBOUR PHASE I & SOUTH OF FAIRVIEW TAMMY DE WEERD.P/Z. "MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY,' P/Z TOM BARBEIRO, 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 4 MERIDIAN POST OFFICE(PRELIW8 FINAL PLAT) ,ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH a 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 t � s dF SUBDIVISION EVALUATION SHEET Proposed Development Name Creekside Arbor Apartments File # Date Reviewed 5/9/00 Preliminary Stage Final X' Engineer/Developer Pinnacle Engineering The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding, this development in accordance with the Boise City Street Name Ordinance. w R " The following streets are existing and the names shall appear on the plat: "W. FAIRVIEW AVE." and "W. BADLEY AVE." " The street name "N. ARBOUR LANE" is a duplicate and cannot be used. Due to the fact that the street is in alignment with "N BARBARA DRIVE" the street name shall appear for this development as "N. BARBARA LANE". 99 The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, AGENCY'�ESENTATNES OR DESIGNEES NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the. time of signing the "final plat", otherwise the plat will not be signed 1111 Sub Index Street Index Section, NUMBERING OF'LOTS AND BLOCKS TR%SUBS%SM CITY.FRM _ Ada County Engineer John Priester Date Community Planning Assoc. Linda Ritte Date �>� City of Meridian Cheryl Sable '� Ll Date T -6 -4 -da Meridian Fire District Representative -Date q-/9-00 NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the. time of signing the "final plat", otherwise the plat will not be signed 1111 Sub Index Street Index Section, NUMBERING OF'LOTS AND BLOCKS TR%SUBS%SM CITY.FRM . F. p F 14 ** TX CONFIRM u 'REPORT'*, AS OF AUG 16 '99 10:24 PAGE.01 4 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD#t STATUS 07 08/16 10:23 208 888 1097 EC --S 00'32" 001 225 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 City Council 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 7:30 p.m. on September 7, 1999, for the purpose of reviewing and considering the application of William and Lucile Leavell for rezone of 7.265 acres of land for proposed Creekside Arbour Phase II, which is generally located at the end of 5th, north of Creekside Arbour Phase I. The application requests a zone change from R-8 to R-15. Further the applicant requests conditional use permit approval of the parcel of land above described to construct 16 four-plexes (64 units), with pool and clubhouse for use by Creekside Arbour Phase I & II. 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 16th day of August, 1999. �V of IL IAM G. BERG, JR_, CLERK. SHIAL PUBLISH August 18 & Sep ,� ;I y r F 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 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 7:30 p.m. on September 7, 1999, for the purpose of reviewing and considering the application of William and Lucile Leavell for rezone of 7.265 acres of land for proposed Creekside Arbour Phase II, which is generally located at the end of 5th, north of Creekside Arbour Phase I. The application requests a zone change from R-8 to R-15. Further the applicant requests conditional use permit approval of the parcel of land above described to construct 16 four-plexes (64 units), with pool and clubhouse for use by Creekside Arbour Phase I & II. 1 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 16th day of August, -1999. ,`tll\II4ISI117tt/_ CSF ON ,, o ?WILLIAM G. BERG, JR., CLERKR` SEAL = PUBLISH August 18 & Septi 1 9 e01J ---- - ------- Ism f t:a NOTICE OF HEARING I 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 May 11, 1999, for the purpose of reviewing and considering the application of William and Lucile Leavell for rezone of 7.265 acres of land for proposed Creekside Arbour Phase II, which is generally located at the end of 5th, north of Creekside Arbour Phase I. The application requests a zone change from R- 8 to R-15. Further the applicant requests conditional use permit approval of the parcel of land above described to construct 16 four-plexes (64 units), with pool and clubhouse for use by Creekside Arbour Phase I & II. 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 19th day of April, 1999. 1�t s+Yr XLIAM G. BERG, JR., VTY CLERK .1 �} PUBLISH April 21 & May 5, 1999. SEAL w 0 0 �i ** TX CONFI*ION REPORT ** AS OF APR 1099 11:42 PAGE.01 P CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 10 04/19 11:42 208 888 1097 EC --S 00'32" 001 131 OK ------------------------------------------------------ 1 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 May 11, 1999, for the purpose of reviewing and considering the application of William and Lucile Leavell for"rezone of 7.265 acres of land for proposed Creekside Arbour Phase ll, which is generally located at the end of 5�h, north of Creekside Arbour Phase I., The application requests a zone change from R- 8 to R-15. Further the applicant requests conditional use permit approval of the parcel of land above described to construct 16 four-plexes (64 units), with pool and clubhouse for use by Creekside Arbour Phase 1811. a a A more particular description of the above property is on file in the City Clerk's r 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 l submit testimony. p DATED this 19"' day of April, 1999. ��,„,,,,}d ;LIAM G. BERG, JR., LERK .x'46• of , :146k( d ��• PUBLISH April 21 & May 5, 1999. : SINAI, - 5 1999 Cats of Meridian C Ax Clerk Office Fie- CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NA1V1E: WILLIAM D. & LUCILE M. LEAVELL, PHONE: 884-2095 4," ADDRESS: 2720 S. ARIEL, MERIDIAN, ID 83642 GENERAL LOCATION: END 'OF 5TH, iNORTH OF CREEKSIDE ARBOUR PHASE I DESCRIPTION OF PROPOSED CONDITIONAL U3SE: CONSTRUCT 16 FOFFt-PZEXES'- x(64 units) WITH POOL AND CLUBHOUSE TO BE USED BY BOTH PHASE I AND -HEREIN PROPOSED PHASE'II,OF CREEKSIDE ARBOUR. ZONING CLASSIFICATION: "R-15 (Provide 'Application for. Re -Zone is approved) ;a _ z I certify that the information contained herein is true and correct.. -r Signature of Applicant R Social Security Number LEGAL NOTICE OF"PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and I Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _.m. The purpose of the Hearing is to consider a G CONDITIONAL USE PERMIT submitted by for the property generally described as located at SUBDIVISION, BLOCK , LOT TO Application for Conditional Uge Permit 1. APPLICANT: William D. & Lucile M. Leavell, 2720 S. Ariel, Meridian, Id 83642 Phone: 208/884-2095 2. OWNER: William D. & Lucile M. Leavell, 2720 S. Ariel, Meridian, ID 83642 Phone: 208/884-2095 3! LEGAL DESCRIPTION OF SUBJECT PROPERTY: See attached exhibit 1. 4. PROOF OF OWNERSHIP: See attached exhibit 2. 5. DESCRIPTION OF EXISTING USE: Not in use. 6. PRESENT USE OF SUBJECT PROPERTY: Not in use. 7. PROPOSED USE OF SUBJECT PROPERTY. Multi -Family Dwellings (4-Plexes). A total of 16 four-plexes are proposed with amenities of swimming pool and clubhouse designed for use by tenants of phase I also. 8. PRESENT ZONING DISTRICT: Zoning: R15 (Provided application for re -zone from R8 is approved) , 9. VICINITY MAP: See attached exhibit 3. 10. PLAN FOR PROPOSED SITE: See attached exhibit 4. 11. LIST OF MAILING ADDRESSES: See attached exhibit 5. 12. CHARACTERISTICS OF SUBJECT PROPERTY: See attached exhibit 6. 13. FEE: Ck # for payment of fee is attached. 14. We, Wiiliam D. and Lucile M. Leavell, agree to pay any additional sewer, water or trash fees or charges, if any, associated with the use. 'r 15. We, William �D. and Lucile M. Leavell, have read the contents of this Application for Conditional Use Permit and declare that the information contained herein are true and correct. Q 6� 4 16. I, Lynn Jenkins, a representative for William -D. and Lucile M. Leavell, will post the subject property 1 week before the hearing stating that an application for a Conditio se Permit has been submitted. r ` r h • ti k , ADA C, .::TY, I D. F OR STEWA40TLE THIS FORM FURMSHED COURTESY OF: J. D A0/ I i; i'I A `i A R R 0 RECORU'_R BY STEWART TITLE OF IDAHO, INC. 9 '92 APR 30 Pfd 4 49 READ & APPROVED BY GRANTEE(S): , SPACE ABOVE THIS LINE FOR RECORDING DATA Order No.: 92032925 PW WARRANTY DEED FOR VALUE RECEIVED ALLEN L. GENTRY, ALSO KNOWN AS ALLEN GENTRY AND ,,MABEL GENTRY, HUSBAND AND WIFE .GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto WILLIAM D. ''rLEAVELL AND LUCILE M. LEAVELL, HUSBAND AND WIFE GRANTEE(S), whose current address is: 2484 SUNSHINE DRIVE, BOISE, IDAHO. $3712 the following described real property in ADA County, State of Idaho, more particularly described as follows, to wit: As set forth on the attached EXHIBIT "A", which by this reference becomes a part hereof. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrrant and defend the same from all lawful claims whatsoever. Dated: April 30, 1992 ALLEN L * GENTRY MABEL GENTRY STATE: OF ,IDAHO ) COU TTQF4VADA ) 30ttday of April , in the year of 1992 , before me, the undersigned, a Notary p bjic. in an for said -State, personally appeared ALLEN L. GENTRY AND MABEL GENTRY .:. I+ p d ktiown or identifibd to me to be the person(s) whose name(s) is/are subscri ed to the within instrument, and 'acknc,$A dfed, tp The that he/she/they executed the same. Signature: Name: DEBRA M. ANDREWS (type or P^"Q Residing at: BOISE, IDAHO My Commission Expires: 08/19/97 I. Creekside Arbor Phase #2 Legal Description A Parcel of land as described in Warranty Deed Instrument No. 9227732 and situated in the NEI/4 of the NW1/4 of Section 7, T.3.N., R.I.E., Boise Meridian, Ada County, Idaho and described as follows: Commencing at a Brass Cap Monument marking the North 1/4 corner of said Section 7, thence along the East line of the NW1/4 of said Section S00°34'39"W (S00°00'00"W) a distance of 673.74 feet to a 5/8" rebar and the POINT OF BEGINNING; Thence continuing along said East line S00°34'39"W a distance of 218.76 feet to a 5/8" rebar; Thence leaving said East line S38°43'20"W a distance of 192.36 feet to a point; Thence N89°29' 10"W (S89°56'20"W) a distance of 510.80 (510.67) feet to a point; Thence N00°33' 16"E a distance of 351.65 feet to a point; Thence N88°49'42"E a distance of 239.97 feet to a 1/2" rebar; Thence N00°36' 17"E a distance of 624.09 feet to a 5/8" rebar on the southerly right-of-way of Fairview Avenue; Thence along said right-of-way N88°35'36"E a distance of 64.13 feet to a point on the centerline of Five Mile Creek; Thence leaving said right-of-way and along the centerline of said Five -Mile Creek the following courses: Thence S00°44'24"E a distance of 305.75 feet to a point; Thence along the arc of a curve to the left having a radius of 30.00 feet, a central angle of 61°32'59", an arc length of 32.23 feet, and a long chord bearing S31°32'36"E a distance of 30.70 feet to a point; Thence S62'20'4 8"E a distance of 322.40 feet to a point; Thence along the arc of a curve to the right having a radius of 60.00 feet, a central angle of 17°52'43", an arc length of 18.72 feet, and a long chord bearing S53'25'3 1"E a distance of 18.65 feet to a point on said East line of the NW1/4; Thence leaving said centerline and along the said East line S00°34'39"W a distance of 125.31 feet to the POINT OF BEGINNING. Said parcel contains 7.58 acres more or less and is subject to all existing easements and rights-of-way of record or implied. 3�" t is C �- NOTARIZED CONSENT FOR CONDITIONAL USE PERMIT I, William D: Leavell, consent to having this application filed for the issue of a Conditional Use Permit for the property legally described in exhibit 1. y .9 4 William D. Leavell Date: State of Idaho ) County of Ada On this/ day of�Q� �C� , in the year of 1999, before me, Lynn Jenkins, a Notary Public in and for said State, personally appeared William D. Leavell, known or identified to me to be the persons whose name is attached to the foregoing consent for Application of Conditional Use Permit, and acknowledged to me that he executed the same. r IN WITNESS WHEREOF, I have hereunto placed my, official hand and seaf the day an# year in this, Certificate fust above written. {p � r .x rf'fiS I.'Fy` 4'a fo o N ID ,pp ` My Commission Expires on January 27, 2003 r. l h ° y A r ° Y s, 4 1 x- ` � k a. '00 0 50 100 200 SCALE 1"=100' EK SUB. JE /vo RECORD OF SURVEY FOR WILLIAM AND LUCILE LEAVELL A PORTION OF THE NW1/4 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO 1999 CERTIFICATE OF SURVEYOR I, CRAIG R. MCCULLOUGH, DO HEREBY CERTIFY THAT I AM A REGISTERED PROFESSIONAL LAND SURVEYOR, LICENSED BY THE STATE OF IDAHO, AND THAT THIS IS A REASONABLY ACCURATE REPRESENTATION OF SURVEY AS MADE BY ME OR UNDER MY DIRECT SUPERVISION, AND IN IN CONFORMATY WITH THE CORNER PERPETUATION AND 55-1613. ¢7iwAHO CODE 55-1601 THROUGH z'' . jM NARRATIVE: ALL MONUMENTS IN BOUNDARY ARE WITHIN ALLOWAGE TOLERANCES AND ARE ACCEPTED. THE BOUNDARY LINES SHOWN ARE AS PER LEGAL DESCRIPTION INSTRUMENT NO. 9227732 AND FIT THE EXISTING MONUMENTATION. CERTIFICATE OF COUNTY RECORDER INSTRUMENT NO. STATE OF IDAHO) COUNTY OF ADA) SS I HEREBY CERTIFY THAT THIS INSTRUMENT WAS FILED FOR RECORD AT THE REQUEST OF PINNACLE ENGINEERS, INC. T AY MIN UT S PA T _ice O'CLOCK _P .M., THIS 2�N 1 DAY OF 1998 Q. Alt/ (UtHUI AHLCORDE CitS 46.00 u FEE RECORDING INDEX 311-07-04-00-0000 PTNTNT A CT r LEGEND PROPERTY BOUNDARY — 25' WIDE PRESCRIPTIVE ROAD EASEMENT FOUND BRASS CAP O FOUND 5/8" REBAR 0 FOUND 1/Y REBAR o CALCULATED POINT ® SET 5/8" REBAR W/ CAP LS 6901 (32.23) DATA OF RECORD RECORDING INDEX 311-07-04-00-0000 PTNTNT A CT r RECORDS OF SURVEY IN THE VICINITY ROS li 4077 2069 3586 4183 4184 0481 3456 HOLD FOR LINE ONLY $8835'36"W N 1/4 CORNER 64.13' T3N• RIE F/I IZ A.I cr �r � ZM Z ' m W (D W ; CD �r C1 � I CRf V) .s r�0r :rB .f� NM o'i �p4 mo z Ix \f n i C2 N In N N88_'49'4 2_'E 23_9._97' 1/64 - —_ CENTER NTER OF SECTION r LINE. SECTION 7 irT I r 3 7.56 ACRES al � y h r 80UNDARv AS PER LEGAL y f MI DESCRIPTION INST. NO, M� STERLING W, 9227732 O N r a.ry O N M $ M � Or z S • 1� b� �6 NORTH LINE OF SECOND COTTAGE HO E ADDITION N8 '2 "" l (VACATED) 510.80' CREEK SIDE ARBOUR N0. I BADLEY CURVE TABLE TIC12 BER LENGTH DELTA 32.26' (""1 61'36'24•' (rrar•H.. RADIUS TANGENT CHORD17 86' CHORD BEARING 18.73' Our) iT50'34'• prow••) 60.00• 30.73 (m.ro) S3['32'31 9.44' 18.65' NSS25'31'W A� UQi- -"j i s r 1 c.:- '.k ,; 1,-: � w $,_: k r x{ -i, s.3--. �. l/'t��• j�„ i� 3v 43 �•. b' 'attl. ► tl �y�„"A�. • Yr r• L .rl., s ) _ 3 .,F - X-7 A- ;!BEZ.Ze 7-- �- -� _ - - I I L " ; i w - =�'. l J� � • �.._-_._.— - -11( 'moi Y _ 461 ;6c t7 -Q' 1EB1 RA --7 T 17- 71— 1 �lp 3s, 0 om p 1 0 60" 1; dl I r2,6?-TLBBM o • �������P/�OOE■ �- Jr 1 1 • Imo^ • M. KNOPP Al -AAMM XCIAA&.Gm@ i &am � e o Ul�fl®Y OI! s� a��w wt �etw a; yIi Imo^ • M. KNOPP Al -AAMM XCIAA&.Gm@ i &am � e o Ul�fl®Y OI! s� a��w wt �etw I 1_ i • 1 3 77, lw 6ml .4 �l /Mrs El r.9 Lid I CE cu 7� k CK Nm z C in CD 0 ON -C 3 CL En (D 0 Z 3 C0 (D b > C:) n' 0 CD M. Cr CL CL CL 0 0 ccz) Co -n 00 rn CD CD CA) 0 m E C, 0) CD CD Z CL mm e c7 QQ 0 0 C, CL C D Z C .0 > 0 3 C Z 06 Cr > C) 0 0 > > > Co OD z w 0 ON -C 3 CL En (D 0 Z 3 C0 (D b n' 0 CD M. Cr CL 0 0 ccz) Co -n 00 rn CD CD CA) 0 m E C, 0) CD Z LYNN JERRY OR LYNN 1063...- 4 AAA Twort 66-0893 96-7197/1232 NE 18 298 FPAAkQC1ZN[ b4AMPA, ED 83G&7 w dote i vr 1-w7k nt-y", to wk om-, WA (fiGTO nba �' G-1 NAM, k 'r 50 SE �7 1-800-756-8000---2*- HOUK PAYABLE AT SEATTLE, WASHINGTON 1: L 23 2 ? L9 78I: 40 51113 0 1 L, 411 1 0 r. CREEKSIDE ARBOUR 2293 1312 EAST 5TH PH:(208)887-9388 92-375/1241 MERIDIAN, ID 83642 Date, -f- 01 Pay to the Order of Dollars SYMNGA BANK 1299 North Orchard Street Boise, Idaho 83706 For v c . �/�, 1-4 NP 1:L241037571:0 10 200 16 2 Sill �2 9 X 7L i t '«` - . Pl 1 j 11 'ss II ? .,Y•r ,. . ; 40, r�41,7 Yt e Cos T Jw tt 74� L`•—..___`moi- r a THIS FORM FURNISHED COURTESY OF: STEWART TITLE OF IDAHO, INC. READ & APPROVED BY GRANTEE(S): _ c XN 1817 r ST WART TITLE ADAC , i D. FOR J. DAliii i-!/;kIaRRO t RECORD' -:R BY '92 fiPR 30 Pf9 4 49 SPACE ABOVE THIS LINE FOR RECORDING DATA Order No.: 92032925 PW WARRANTY DEED OR VALUE RECEIVED ALLEN L. GENTRY, ALSO KNOWN AS ALLEN GENTRY AND MABEL GENTRY, HUSBAND AND WIFE r °GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto WILLIAM D . �LEAVELL AND LUCILE M. LEAVELL, HUSBAND AND WIFE GRANTEE(S), whose current address is: 2484 SUNSHINE DRIVE, BOISE, IDAHO. $3712 the following described real property in ADA County, State of Idaho, more particularly described as follows, to wit: As set forth on the attached EXHIBIT "A", which by this reference becomes a part hereof. { �1 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(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to 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, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrrant and defend the same from all lawful claims whatsoever. Dated: April 30, 1992 AT L. GENTRY G2� y STATE: OF } IDAHO tiGO.U?'14F4 VADA ) Qn Is, 3 0 th-day of April , in the year of >, PgbJic, inand for safd�State, personally appeared ALLEN L. MABEL GENTRY 1992 , before me, the undersigned, a Notary GENTRY AND MABEL GENTRY C :.' krio�vn or identif}L*d to me to be the person(s) whose name(s) is/are subscri ed to the within instrument; and "ackna�vle�Cl ed,t -ihe that he/she/they executed the same. 7 ,; Signature; >�A Name: DEBRA M. ANDREWS (type or print) Residing at: BOISE, IDAHO My Commission Expires: 08/19/97 sit -D 0 a 3 w N CD 0 � co w n o 0 3 cru Q � m a �C G � 1 X 0 w 07—uj'0-i o o-aIm- `rn°OR'mouc d a0O Spoon -p a3"n �m'wa��m > w y m o N ,� fD N � � V o�°wm'ID5o C N CL w m m m n o m IL IDNC^ON 3 N- 3 <D n 6' ID 0. o t n i- 00 N� >vC"3o�� 3 7 .3= � 0 m O Q 0 7 y O N 0 9:3 3 -,,CL 0 =K N D I7 w -a n 3 o m m and m aQ-I� S � w�mm'D �nw CD3 0 N j FAX N� 3�cn3no 'R3oC 3Foin d w 3 3 1 00o(D v N . 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I believe it's the December the 7t"; right? ITEM 13. TABLED 11/03/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 7.265 ACRES FOR CREEKSIDE ARBOUR PHASE II FROM R-8 TO R-15 BY WILLIAM & LUCILE LEAVELL — END OF 5T", NORTH OF CREEKSIDE ARBOUR PHASE AND SOUTH OF FAIRVIEW: ITEM 14. _ TABLED 11/03/99:_ FINDINGS _OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL` USE -PERMIT TO CONSTRUCT 16 FOUR-PL-EXES WITH POOL.AND CLUBHOUSE FOR USE BY PHASE_ I & II (PROPOSED CREEKSIDE ARBOUR PHASE -II) -BY WILLIAM &_ LUCILE LEAVELL: Corrie: Okay. Item No. 13 is tabled 11/03/99: Findings of Facts and Conclusions of Law: Request for rezone of 7.265 acres for Creekside Arbour Phase II from R-8 to R-15 by William and Lucile Leavell, end of 5t", north of Creekside Arbour Phase and south of Fairview. Staff, any comments on this one? Stiles: Mr. Mayor, Council, on Items 13 and 14, we have met with the applicant. There are some conditions in the Findings of Facts and Conclusions of Law that they wish to have amended now. So we are waiting some revised site plans and revised narrative for the application so we can notice for a new public hearing and incorporate those changes if the Council chooses to. Gigray: Mr. Mayor. Corrie: Mr. Gigray. Gigray: There was a Council just to assist in this, I believe I submitted a memo to the Mayor and Council regarding that meeting and a recommendation that the Council consider a motion to re -open the public hearing and to re -set it providing the notice of (inaudible) under law, receive additional evidence and testimony which would effect the issues with regards to particularly pathways and roadways and other items which would be affected and would be beyond what Staff felt would be done and still to make those changes still be within the frameworkof the public hearing and the record that's been produced in this matter. t �G�.eess r�-e- Meridian City Coun.,eeting �Aft November 16, 1999 �J Page 24 , Rountree: Mr. Mayor. Corrie: Mr. Rountree. a` Rountree: A question for counsel. That would be hearings for both of the rezone as well as the conditional use should be re -opened? Gigray: I think the potential conditions would probably cross both ones, and the safe- play would be to re -open them. We had a meeting with their — the owners and with their representatives, and I think they fully understand this and would agree to this, action. Corrie: I'll entertain a motion to move re -opening of the public hearing. Do we need a date? Bird: We need to table these. Corrie: Yeah. We do need to table them, but we do need to re -open them. Okay. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we table No. 13, the Findings of Facts and Conclusions of Law: Request for rezone 7.265 acres from Creekside Arbour Phase II from R-8 to R-15 by William and Lucile Leavell. Gigray: Fourteen also. Bird: Yeah. Thirteen and fourteen. The request for conditional use permit. Table . these until — how long do you have to send out the public notice before they open? Corrie: Fifteen days. Bird: It takes three weeks. Corrie: (inaudible) December, right? So you're looking at January, then? Bird: Go into the first one in January? Corrie: First meeting in January would be — 8 Bird: We can go the 21 st of December. Would that give us time? I tti Meridian City Coun eting November 16, 1999 Page 25 Corrie: Shari, do we have time? When is that going to be due? Stiles: M'r. 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 4th? 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 4th of January and proceed with public hearings on both items. Corrie: Okay. Bentley: Second. Corrie: Okay. Motion made to table to January the 4th, 2000, Items No. 13 and 14. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES ITEM 15. 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? MERIDIAN CITY COUNCIL PRE -COUNCIL MEETING NOVEMBER 3, 1999 The Pre -Council meeting of the Meridian City Council was called to order at 7:12 p.m. on November 3, 1999 by Mayor Robert Corrie. MEMBERS PRESENT: ROBERT CORRIE, CHARLIE ROUNTREE, KEITH BIRD, GLENN BENTLEY MEMBERS ABSENT: RON ANDERSON OTHERS PRESENT: SHARI STILES, GARY SMITH, BILL GIGRAY, BILL GORDON, KEN BOWERS, WILL BERG Corrie: -- open the Pre -Council meeting at 7:12 to discuss the agenda items on the regular City Council meeting. At this point, I'll open the meeting and — how'd you do it last time? I was — Bentley: We just had Shari — Corrie: Shari, kind of fill us in on things. ITEM 1. TABLED 10119199: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 7.265 ACRES FOR CREEKSIDE ARBOUR PHASE II FROM R-8 TO R-15 BY WILLIAM & LUCILE LEAVELL—END OF 5T", NORTH OF CREEKSIDE ARBOUR PHASE AND SOUTH OF FAIRVIEW: ITEM 2. TABLED 10/19199: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR PLEXES WITH POOL AND CLUBHOUSE FOR USE BY PHASE 1 &111 -(PROPOSED CREEK_SIDE ARBOUR.. �PHASE'II):� — Stiles: Mr. Mayor and Council, Items 1 and 2, the development agreement still has not been signed. They're requesting changes to the development agreement and to the Findings. Maybe Mr. Gigray could address some of those comments because he's had conversation with their legal counsel, and it appears that from what they're requesting, it's a significant change, that they would be required to resubmit an application and go back through the Planning and Zoning Commission. But — do you have anything else on that, Bill? Corrie: Mr. Gigray. Gigray: Mr. Mayor, members of the Council, Shari, that's correct. Mr. Shoemaker represents the developer here and made some requests, and I have checked those requests versus the minutes of the Council meeting, and I've 'r Meridian City CouncileCouncil Meeting November 3, 1999 Page 2 written them a letter back saying that I wasn't inclined to recommend any changes in the provision regarding the conditions of development he had included a couple of additions on the use which matched the site plan that was submitted and approved which one of the main items had to do with the storage units that are part of that whole site plan that I didn't see as a problem. I've explained to him on the phone that I have resubmitted that development agreement to the Clerk, and I guess at this point we're waiting to see whether or not they will sign that, and at this point, I don't think we — that they have. So I would — it's my understanding that vire would probably table those. Berg: Mr. Mayor. t Corrie: Mr. Berg. Berg: Just to clarify that, we need to have the Findings approved so they can be attached to the development agreement so they can review it and sign it or not. Corrie: On Item 1, you mean? Bird: (inaudible) Corrie: On the annexation. Bird: So we do need (inaudible) Corrie: Okay. So we do need (inaudible) Gigray: On the Findings, yeah. That'd be okay. But I think I made the same change on the use and the Findings just so it conformed with the site plan. Corrie: Mr. Rountree. Rountree: We would act on Item 1 and table Item 2. The conditional use is Item 2. Until after the development agreement is — Gigray: As long as we're not passing an ordinance on Item 1, this only refers to Findings that we'd be fine. I agree with the Clerk. Stiles: Mr. Mayor, Council, if you're going to act on those Findings, I would like to make sure that the development agreement is included as part of that. I don't see that. I don't see where the restrictions on this signage was addressed as part of this. I don't know if it's included in the development agreement or not. Corrie: On Page 19 there, Shari, is that what you're talking about? The conditions set out in the development agreement? This is the revised one. Meridian City Coun fleeting November 3, 1999 Page 3 they do, we'll hear your testimony and then we'll continue with the 16t". We'll do that when we come up to it. It won't be too long, I don't think. k: ITEM 1. TABLED 10/19/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 7.265 ACRES FOR CREEKSIDE ARBOUR PHASE 11 FROM R-8 TO R-15 BY WILLIAM & LUCILE LEAVELL—END OF 5T", NORTH OF CREEKSIDE ARBOUR PHASE AND SOUTH OF FAIRVIEW: ITEM 2. TABLED 10/19/99: FINDINGS OF FACT AND CONCLUSIONS OF,LAW: REQUEST FOR.CONDITIONAL 09E PERMIT TO 'CONSTRUCTr16 FOUR PLEXES WITH POOL -AND CLUBHOUSE FOR USE. BY PHASE I & ll.(PROPOSED CREEKSIDE ARBOUR PHASE 11) BYWILLIAM.& LUCILE LEAVELL: Corrie: All right. Item No. 1 of the Agenda is a tabled 10/19/99 Finding of Facts and Conclusions of Law: Request for rezone of 7.265 acres for Creekside Arbour Phase 11 from R-8 to R-15 by William and Lucile Leavell. Council, you have the Findings of Facts and Conclusions of Law. Staff, any further comments' on this one? Stiles: No, sir. Corrie: Okay. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: There seems to be quite a defugilty (sic) between what's in the Findings of Facts and Conclusions of Law and all this, and I think we need to table it until 11/16/99 and for the owners, their representatives and Shari and Mr. Gigray to get together and get this worked out so we have no confusion. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: Mr. Bird, would that include Item 2? Bird: Yes, sir. We'll throw that in, too. Bentley: Second. I i� - Meridian City Counseeting November, 3, 1999 Page 4 Corrie: Okay. Motion's made by Mr. Bird, seconded by Mr. Bentley to table Items 1 and Item 2 until the November the 16t", 1999 meeting with the request made by Mr. Bird. Any further discussion? All in favor of the motion say aye. MOTION CARRIED: ALL AYES ITEM 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF .6 ACRE FROM R-8 TO L -O BY MIKE GAMBLIN—LOCATED AT CHERRY LANE AND LEISURE LANE: Corrie: Item No. 3 is Findings of Facts and Conclusions of Law: Request for rezone of .6 acre from R-8 to L -O by Mike Gamblin located at Cherry Lane and Leisure Lane. Any comment from staff at this one? None? Council. ! Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we approve the Findings of Facts and Conclusions of Law, Decision of Order with a modification to 2.29, Page 23 adding at the beginning of that paragraph the words "prior to applying for a building permit" and then continuing on with the sentence. Bird: Second. Corrie: Okay. Motion is made by Mr: Rountree, seconded by Mr. Bird to approve the Findings of Facts and Conclusions of Law on Item 3 with the addition of the comments made by Mr. Rountree. Any further -discussion? Hearing none, all those in favor of the motion say aye. Opposed no? All ayes, motion carried. MOTION CARRIED: ALL AYES Rountree: Mr. Mayor, I believe that's roll -call. Corrie: Oh. I'm sorry. All Findings are roll -call? Gigray: Only if that's your rule. Roll -call's required for Ordinance passage and for Resolutions to enter into contract. ITEM 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR VARIANCE OF MAXIMUM BLOCK LENGTH AND MAXIMUM CULDESAC LENGTH FOR THE LAKES AT CHERRY LAKE #9 BY STEINER DEVELOPMENT—NORTH OF CHERRY LANE & EAST OF ASHFORD GREENS SUBDIVISION: MERIDIAN CITY COUNCIL PRE -COUNCIL MEETING OCTOBER 19. 1999 The pre -council meeting of the Meridian City Council was called to order at 6:50 p.m. on October 19, 1999 by Council President Charlie Rountree. MEMBERS PRESENT: Charlie Rountree, Ron Anderson, Glenn Bentley, Keith Bird. Mayor Corrie joined the meeting at 7:19 p.m. OTHERS PRESENT: Bill Gigray, Shari Stiles, Gary Smith, Will Berg. Rountree: I'm going to go ahead and open the – where's the agenda – pre - council meeting scheduled for 6:45. It's now 6:50. The pre -council is open. Folks in the audience bear with us. This is the first time we've attempted to do something like this. We're learning. Hopefully to expedite things that are going to occur from 7:30 on until the wee hours of this morning. Like to first hear from Shari, specifically related to some of the information that we just received in our box. Are there any highlights there that you would like to advise us and from Mr. Gigray and from Gary Smith as it relates to some of the staff items later on? You can get us up to speed on some of the staff items so when they come up later on we can just go right to them. So, Shari, if you'd start. Stay away from the public hearings, per se, as it relates to the Findings and Facts and conditional use permits and the actions that we'll be taking, and if there's any recommended tablings that have come forth. ITEM 1. TABLED 10/5/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 7.265 ACRES FOR CREEKSIDE ARBOUR PHASE II FROM R-8 TO R-15 BY WILLIAM & LUCILE LEAVELL—END OF 5T", NORTH OF CREEKSIDE ARBOUR PHASE AND SOUTH OF FAIRVIEW: `ITEM 2. J TABLED 10/5/99: FINDINGS OF FACT AND CONCLUSIONS OF f LAW: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR PLEXES WITH POOL AND CLUBHOUSE FOR USE BY PHASE I & 11 (P,ROPOSED.CREEKSIDE ARBOUR PHASE-II)'BYWILLIAM &-L'UCILE LEAVELL: ITEM 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR IN HOME DAYCARE BY KATHY PURCELL—LOCATED AT 2241 E. CLARENE STREET: ITEM 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR EXPANSION OF FACILITY TO ACCOMMODATE EXISTING CHILDREN BY RAY CHASE/REGENT BUSINESS -1302 E. FIRST STREET: Meridian City Council'touncil Meeting October 19, 1999 Page 2 ITEM 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT STORAGE UNITS ON UNUSED PORTION OF COMMERCIAL LOT BY BERTA WAGNER — NORTHWEST CORNER OF MERIDIAN ROAD AND TAYLOR AVENUE: ITEM 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT TO ADD ON AN ATTACHED 2 CAR GARAGE AND 1 BAY CARPORT (BOAT STORAGE) AND REMOVE OR RELOCATE: EXISTING SMALL DETACHED GARAGE BY MEL AND DEBI LACY —1414 N. MERIDIAN ROAD: Stiles: Item 1, 1 believe we're still waiting for an annexation and zoning request for the parcel that was left out. There's a triangular piece that's an enclave, and staff had requested that be included as part of their request. Their attorney, Mr. Shoemaker, said the City had the ability to do that, and the City should be responsible for preparing that annexation and zoning, and Council did not agree or they didn't state they agree with them, and so l think we're still stuck at having that enclave and not being able to proceed with Items 1 and 2. As far as Item 2, they've also proposed some changes for the public roadway that was approved by Ada County Highway District Commission to come from Fairview Avenue. Now they have verbally discussed coming in through the Michner property for their access, and we haven't seen a new plan on that. Conditional use permits, for a daycare, I don't know that there were any problems with that one. Let's see. On four, this was the Kids Club, conditional use permit to add another building to expand their facility for the daycare. The only thing that we had added to those Findings was to ask that they add some kind of architectural feature to the west side of the building such as awnings or windows or some kind of treatment that would be reviewed by staff. Number 5 is pretty straightforward, just to add some storage units on the remainder of the parcel owned by Berta Wagner where the Napa store is now. Number 6 is for expansion of a non- conforming use in a C -C zone. They're asking to add an attached two -car garage and a carport and relocate their detached garage. Besides being the non -conforming use, we'd ask that if that detached garage were going to be relocated that it meet all uniform building codes, uniform building and fire codes. Seven was — Rountree: Question, Shari. Are you satisfied that the Findings of Facts contain that information, or are you asking that be added to it? F Stiles: That was in the Findings. Rountree: Okay. Don't confuse us. Meridian City Counfteting October 19, 1999 Page 12 Corrie: All ayes, motion's carried. 6:30 p.m. October the 28th here at the City Hall we'll sit down and we'll see what we can do. Bird: And get it done. Corrie: Thank you. ITEM 1. TABLED 10/5/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 7.265 ACRES FOR CREEKSIDE ARBOUR, PHASE II FROM R-8 TO R-15 BY WILLIAM & LUCILE LEAVELL—END OF 5Th, NORTH OF CREEKSIDE ARBOUR PHASE AND SOUTH OF FAIRVIEW: TABLED 10/5/99: -FINDINGS -OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR PLEXES WITH -POOL AND CLUBHOUSE FOR USE'BY PHASE, I & 11 (PROPOSED CREEKSIDE ARBOUR PHASE II) BY WILLIAM & LUCILE.LEAVELL: Corrie: Item No. 1. This is a tabled item of, 10/5/99, Findings of Facts and Conclusions of Law. All right. Item No. 1 is the Findings of Facts and Conclusions of Law: Request for rezone of 7.265 acres for Creekside Arbour Phase II from R-8 to R-15 by William and Lucile Leavell, end of 5th, north of Creekside Arbour Phase and south of Fairview Avenue. Council, you have the Findings of Facts and Conclusions of Law in front of you. What is your pleasure. Gigray: Point of information this item. Corrie: Mr. Gigray. Gigray: And Item No. 2 Corrie: Okay. Gigray: We still have not reached an agreement on the development agreement by reason of the fact that the legal description that is required to be approved by Public Works has still not been obtained. Once that has been obtained, this should go through, and I think it'd be appropriate to move this to the next Council meeting so that can get accomplished. I've been in contact with Mr. Larry Knopp who was their architect. Mr. Shoemaker who is an attorney representing them and Bruce Freckleton is the point person in the Public Works on the legal description. Bentley: Mr. Mayor. Corrie: Mr. Bentley. f ' Meridian City Counc eting October 19, 1999 , Page 13 0 Bentley: I move we table Items 1 and '2, the Findings of Facts and Conclusions of Law for Creekside Arbour and the conditional use permit until November 3rd. Bird: Second. Corrie: Motion is made and seconded to table Items No. 1 and No. 2 until November the 3rd for the development agreement. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES ITEM 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR IN HOME DAYCARE BY KATHY PURCELL—LOCATED AT 2241 E. CLARENE STREET:\ Corrie: Item No. 3 is the Findings of Facts and Conclusions of Law: Request for conditional use permit for in-home daycare by Kathy Purcell located at 2241 East Clarene Street. Council, you have your Findings of Facts and Conclusions of Law from the Planning and Zoning – I'm sorry. (inaudible) confusing. Any discussion? Bentley: I have none. Bird: I have none. Corrie: Hearing none, I'll entertain a motion on the Item No. 3. Rountree: Mr. Mayor. H Corrie: Mr. Rountree. Rountree: I move that we approve the Findings and Facts and Decision of Order on request for conditional use permit for home daycare, Item No. 3 Bentley: Second. Corrie: Motion made and seconded that we approve the Findings of Facts and Conclusions of Law on Item No., 3. Roll -call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye." 0 October 15, 1999 MERIDIAN CITY COUNCIL MEETING: OCTOBER 19 1999 APPLICANT: WILLIAM & LUCILE LEAVELL ITEM #: 2 REQUEST: FF&CL REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR PLEXES AGENCY CITY CLERK: 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: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: COMMENTS AWAITING LEGAL DESCRIPTION OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Q 4 Meridian City Council Meeting October 5, 1999 Page 17 Corrie: Okay. Motion's been made and seconded to approve the Findings of Facts and Conclusions of Law on Item No. 7. is there any further discussion? Bentley: Mr. Mayor. Corrie: Mr.�Bentley. Bentley: Mr. Bird, would you want that to be subject to the same type of agreement that was reached with Hubble? Bird: No problem. Yeah. That would be fine. Bentley: And have Staff work that out? Bird: That'll be fine. Yeah. Corrie: Okay. Incorporate that into the motion? Bird: Yes,�sir. Corrie: Any further discussion? Hearing none, roll -call vote. Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. ,Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree is absent. Three ayes, motion's carried. MOTION CARRIED: ALL AYES 8. TABLED 9/21/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 7.265 ACRES FOR CREEKSIDE ARBOUR PHASE II (FROM R-8 TO R-15) BY WILLIAM & LUCILE LEAVELL—END OF 5T", NORTH OF CREEKSIDE ARBOUR PHASE I AND SOUTH OF FAIRVIEW: 9. – TABLED 9/21/99:7 FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR -CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR- PLEXES WITH POOL AND CLUBHOUSE FOR USE BY PHASE -I& II Meridian City Council Meeting October 5, 1999 Page 18_�_Mv (PROPOSED -CREEKSIDE ARBOUR,PHASE II) -BY WILLIAM'&pL'_UCILE, LIEAV–' L—END"`OF.5T"; NORTH;OF'CREEKSIDE ARBOUR`PHASE-I,& �SOUTH;QF -FAIRVIEW: Corrie: Item No. 8 is tabled from 9/21/99. It is the Findings of Facts and Conclusions of Law: Request for rezone of 7:265 acres ,of Creekside Arbour Phase II. Gary, if my t notes are correct, there was a legal description problem here. Is it still on? Smith:., Yes, sir. Corrie:_ Okay. So we don't have the correct legal atthis point;"either? I Bentley: Mr. Mayor. F Corrie: Mr. Bentley. Bentley: I move that we table Items 8 and 9, Creekside Arbour Phase it uritis October 19th. Bird: Second. Corrie: The motion is made that we table Item 8 and No. 9 until October the 19th meeting. Any further discussion? .Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES 10. FINDINGS OF FACT AND CONCLUSIONS OF LAW: ANNEXATION & ZONING OF 20.35 ACRES (FOR R-15 ZONING) OF LAND FOR PROPOSED 300 UNITS OF MULTI -FAMILY RENTAL (FOR PROPOSED SUNDANCE APARTMENT HOMES BY SUNDANCE, LLC –NORTH OF OVERLAND ROAD E AND WEST OF LOCUST GROVE: Corrie: Item No. 10 now. This is the Findings of Facts and Conclusions of Law: Annexation and zoning of 20.35 acres for R-15 zoning of land for proposed 300 units'of multiple -family rental for proposed Sundance Apartment homes by Sundance, LLC north of Overland Road and west of Locust Grove. Council, you have the Findings of E Facts and Conclusions of Law for the annexation and zoning. Bentley: Mr. Mayor. Corrie: Mr. Bentley. � s MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 10 Rountree: -- table three and four? Do we have a second on that amendment? Bird: I'll second that amendment. Rountree: Been moved and seconded to table both Items 3 and 4. Any discussion? All those in favor? MOTION CARRIED: ALL AYES Rountree: Okay. It's passed. Items 3 and 4 are tabled until our next regularly scheduled meeting. 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 7.265 ACRES FOR CREEKSIDE ARBOUR PHASE If (FROM R-8 TO R-15) BY WILLIAM & LUCILE LEAVELL—END OF 5T", NORTH OF CREEKSIDE ARBOUR PHASE I AND SOUTH OF FAIRVIEW: (TABLE UNTIL 10/5/99) k.::` FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR-PLEXES WITH POOL AND CLUBHOUSE FOR USE BY PHASE I & II (PROPOSED CREEKSIDE ARBOUR PHASE 11) BY WILLIAM & LUCILE LEAVELL—END OF 5T", NORTH OF CREEKSIDE ARBOUR PHASE I & SOUTH OF FAIRVIEW: (:TABLE UNTIL 10/5/99) Rountree: Item No. 5. Findings of facts and Conclusions of Law, request for rezone of 7.265 acres of Creekside Arbour Phase II from R-8 to R-15 by William and Lucile Leavell. Any discussion? Motion? Bird: Mr. President. Rountree: Mr. Bird. Bird: I move that we table Item No. 5, the Findings of Facts and Conclusions of Law seeing how we have not got the legal description right, and Item No. 6, the Findings of Facts and Conclusions of Law regarding the same. Bentley: Second. Rountree: It's been moved and seconded to table No's 5 and 6. Any discussion? Bird: The table date is 10/5/99. MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 11 Rountree: 10/5/99. No discussion?- All those in favor of the motion? MOTION CARRIED: ALL AYES 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: APPEAL OF PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF PROPOSED ELECTRONIC MESSAGE CENTER FOR THE IDAHO INDEPENDENT BANK BY IDAHO ELECTRIC SIGNS: (APPROVE) Rountree: Item No. 7, Findings of Fact and Conclusions of Law, appeal of Planning and Zoning Administrator's denial of proposed electronic message center for the Idaho Independent Bank and electronic sign. That item has just been recently slipped in. No, excuse me. Go ahead and act on this item,and then I've got some additional information. Anderson: Mr. President. Rountree: Mr. Anderson. Anderson: I'd like to abstain from voting on this as I have a conflict of interest on this particular issue. Rountree: My question would be, should you remove yourself from the bench or just abstain? Anderson: Probably ought to leave. Rountree: Don't go far. Okay. We have — Bentley: I have a question. Rountree: Okay, Mr. Bentley. Bentley: Item No. 2, Page 4, it says this matter is remanded back to P & Z Administrator for further action. Is this correct procedure? Gigray: Mr. President. Rountree: Mr. Gigray. Gigray: Councilman Bentley, members of the Council, the reason that language is in there is because that is the -- Administrator's the one that issued the permit, and it was October 1, 1999 MERIDIAN CITY COUNCIL MEETING: OCTOBER 5 1999 APPLICANT: WILLIAM & LUCILE LEAVELL. ITEM #: 9 REQUEST: FF&CL REQUEST FOR CONDITIIONAL USE PERMIT TO CONSTRUCT 16 FOUR-PLEXES WITH POOL AND CLUBHOUSE FOR USE BY PHASE I & II (PROPOSED CREEKSIDE ARBOUR PHASE II AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: AWAITING LEGAL DESCRIPTION CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: k MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: /A ADA COUNTY HIGHWAY DISTRICT: l ADA COUNTY STREET NAME COMMITTEE: O CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER, All Materials presented at public meetings shall become property of the City of Meridian. 0 - I*R-ECE-wZI) . SEP 3 D 1999 interoffice CITY OF '.N 1+DLk MEMORANDU„M To: William G. Berg, Jr. cc: Mayor Robert D. Corrie and Council From: Marlene St. e Subject: Creekside Abour Phase II: RZ-99-005 and cup -99-008 Eagle Road Professional Center Development Agreement: AZ -99-008 Date: September 30, 1999 Will: Pursuant to the above file numbers, please take note that our office has been in contact with Fred Shoemaker to obtain the legal information for_Creelcs_ide . Arbour PhaseII. All the necessary documents have been prepared .but we are awaiting approval of the legal description from Public Works, and additionally a couple of issues to confirm for insertion into the Findings and eyiZ. I Work IMIMeridian 15360MI Creekside Arbor Clerk093099.Memthe Development Agreement. Pertaining to the Eagle Road Professional Center annexation and zoning, we have been in contact, on this, day, with Andrew Simonds of Termor, .LLC, and apparently the ownership has changed, and therefore we are awaiting the proof of such change of ownership for the subject real property. Again, all the necessary documents have been revised and are ready for Council, except we are waiting the proof of ownership along with a recorded Warranty Deed. Therefore, to keep you posted on these matters, I wanted to address them in this memo, and to inform you as to why they have not been delivered, as yet, to your office for the upcoming October 5, 1999, council meeting: Therefore, justtas soon as our office receives the pertinent- information, I will be delivering said documents to you. If you have any questions please advise. Z:\Work\M\Meridian 15360M\Creekside Arbor\Clerk093099.Mem w MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 21 1999 APPLICANT: WILLIAM & LUCILE LEAVELL AGENDA ITEM NUMBER: 5 REQUEST: REZONE FOR CREEKSIDE ARBOUR PHASE 11 AGENCY COMMENTS 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: SEE ATTACHED COMMENTS INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. I 0 i n- t e r OJ f i,, c e MEM O RAND U M To: Mayor Robert D. Come, Coun it and City`~ Clerk From: Wm. F. Gigray, III y. f Subject: CREEKSIDE" ARBOUR PHASE II'SUBDIVISION (RZ and CUP) 4 Date: September 16, 1999 Mayor Corrie, Council and Will: y I am addressing the above two issues that are to be items on the a upcoming September 11, 1999, City Council -meeting. -To date we have not received the correct legal- pertaining: to the rezone. t ° I, have requested the Building Department/Public Works to obtain a legal which they, - can "approve. I have attached to my memo, a memo, from Bruce Freckleton, Assistant i to the City Engineer, dated 09/15/99, wherein Bruce addresses the issue of a piece of :property that is currently -in the county. The new legal needs to;describe duly the .`subject property within the City of Meridian, and,therefore excluding the piece of property in the county. R Since we are still waiting on a correct legal from Fred Shoemaker, neither the rezone Findings, ordinance, Development Agreement, nor the conditional use permit matters, are in, a state to be brought before the Council, and these two items should be tabled until the next meeting until the correct legal is obtained. If you have any questions please -advise. Z:\Work\M\Meridian 15360M\Creekside Arbor\MayorCouncilClerk09l699.Mem a 1. t a u • ti. Y 1 F MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 21.1999 APPLICANT: WILLIAM & LUCILE LEAVELL. AGENDA ITEM NUMBER: 6 ` E REQUEST: CONDITIONAL USE PERMIT FOR CREEKSIDE ARBOUR PHASE 11 f I AGENCY Y COMMENTS 4A CITY CLERK: I CITY ENGINEER: CITY PLANNING DIRECTOR: CITY`ATTORNEY: SEE ATTACHED COMMENTS CITY POLICE DEPT: F CITY FIRE DEPT: CITY BUILDING DEPT: t. CITY WATER DEPT: C I MERIDIAN SCHOOL DISTRICT: ` I I: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT:v, ` ADA COUNTY STREET NAME COMMITTEE: , CENTRAL DISTRICT HEALTH: t NAMPA'MERIDIAN IRRIGATION: r SETTLERS IRRIGATION: ` IDAHO POWER: US WEST: ' INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: a OTHER: All Materials presented at public meetings shall become property of the City of Meridian. interoffice MEMORANDUM To: Mayor Robert D. Come, Coun it and City Clerk From: Wm. F. Gigray, III C�G�✓ Subject: CREEKSIDE ARBOUR PHASE II SUBDIVISION (RZ and CUP) Date: September 16, 1999 Mayor Come, Council and Will: I am addressing the above two issues that are to be items on the upcoming September 21, 1999, City Council meeting. To date we have not received the correct legal pertaining to the rezone. I have requested the Building Department/Public Works to obtain a legal which they can approve. I have attached to my memo, a memo, from Bruce Freckleton, Assistant to the City Engineer, dated 09/15/99, wherein Bruce addresses the issue of a piece of property that is currently in the county. The new legal needs to describe only the subject property within the City of Meridian, and therefore excluding the piece of property in the county. Since we are still waiting on a correct legal from Fred Shoemaker, neither the rezone Findings, ordinance, Development Agreement, nor the conditional use permit matters, are in a state to be brought before the Council, and these two items should be .tabled until the next meeting until the correct legal is obtained. If you have any questions please advise. Z:\WorkVVWeridian 15360M\Creekside Arbor\MayorCouncilClerk091699.Mem ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS , rG/C NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: ar INTERMOUNTAIN GAS: L C BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. G Y MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 7.1999 APPLICANT: WILLIAM & LUCILE LEAVELL AGENDA ITEM NUMBER: 20 REQUEST,: CONDITIONAL USE PERMR FOR CREEKSIDE ARBOUR PHASE U AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES & LETTER SUBMITTED BY LOREN ROSS CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: SEE ATTACHED RECOMMENDATION CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: a CITY WATER DEPT: REVIEWED MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS , rG/C NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: ar INTERMOUNTAIN GAS: L C BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. G Meridian Planning andening Meeting if August 10, 1999 Page 8 Borup: Thank you. ITEMz3. CONTINUED PUBLIC HEARING' REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR-PLEXES WITH POOL AND CLUBHOUSE FOR USE BY PHASE I & II (PROPOSED CREEKSIDE ARBOUR PHASE II) BY WILLIAM,& LUCILE LEAVELL—END OF 5T" NORTH OF CREEKSIDE ARBOUR PHASE I & SOUTH OF FAIRVIEW: Borup: Staff. Hawkins: Full staff comments were given in a memo to the Commission dated August 5, 1999, so I would refer you to those for most of our recommendations. A couple of items to point out. There is number of Comprehensive Plan references. Staff feel that the majority of those Comprehensive Plan policies, that this project complies well with— we point out especially the high density the in -fill nature of the project, the access onto a direct arterial. There are other Comprehensive Plan items that you should certainly refer certainly in your decision making. One of those being the adjacency to Five Mile Creek, which is section 1.8 on page 3. The appearance of natural creeks, Five Mile throughout commercial activity centers should be improved and harmonized with adjoining land uses in order to protect water quality. I believe that the irrigation district has, for the most part, a letter of support and recommendation. They would like to see further review I think from staff perspective encouraging some kind of a possibly natural swales to protect the ground water right adjacent to Five Mile Creek, particularly with as high as a density of a development this close to Five Mile would be something to consider. There is certainly as you know, on going issues with the Badley Street. The Leavell's have gone through ACRD. They did appeal ACHD's recommendation originally for that to be a public road. The Commission supported the appeal to it being a private road. At this point, there is a comment, staff do feel that it should be accessible—direct access from the development to Badley, particularly given the growing development around that area for foot traffic. There would be a sidewalk, at least on Badley that gives access out to some of the commercial centers off of 2-1/2 Street. I would point out that if the Commission feels there is an opportunity to still require the public road. At this point, staff are going to recognize ACHD's Commission's decision for it to be a private (inaudible). You do have the issue of con activity with the subdivision just to the east. The primary issues in terms of the size of units, there is a good mix. The buildings A, B, C and D all have varying square footages in terms of the units. The access, the road access from Fairview here into the project,, there certainly is some concern about safety on staff and insuring that the width of the public road and the access from Fairview into the project given that this adjacent parcel to the west is undeveloped be considered, recognizing the Five Mile, keeping the integrity of the Five Mile Drain there. I think all the other comments are addressed in writing there. Staff do recommend approval noting the comments in the report. Borup: Any questions from the Commissioners? Meridian Planning and9ning Meeting August 10, 1999 Page 9 MacCoy: l would have one. Borup: Yes Mr. MacCoy. MacCoy: Brad on this private road versus public road reading material from ACHD and reading your report also, the private road will end up being maintained by the people of that place over there—homeowners association so to speak. If it is a public road then ACHD or the city would take care of it. From my standpoint I think we are smarter by having a public road, if it is maintained correctly and then fall into a private road. Comments, what do you think? Hawkins: It is currently private. MacCoy: I realize that. Right now we have not got the complex on there either. Hawkins: Yeah. There is certainly pros and cons and they are both ways. I think the main issue of maintenance, if that is what I am hearing, is your concern maintaining private road. if there are standards. If there are maintenance issues that the Commission feels they would want to put on the applicant to maintain that private to a certain level, I think that could be requested as conditions. MacCoy: I just know from the past years we've had several private roads that we have gone back and watch those things deteriorate on us and them becomes the question, who do you stick. How do you do it and so on to get it, back to a good road. In a case like this I am not too much in favor of private road. If you had four houses on a private road, what you allowed, different story. We've got a complex on there right now. I just wondered what your comment was. Barbeiro: Mr. Chairman. Borup:. Yes, Tom. Barbeiro: I'd just like to ask'a question regarding swales around Five Mile Creek. I am not following the idea. Is it that you don't want run off of water from the complex into the creek—is that correct? Hawkins: Correct. As much as a natural filtration process for the (inaudible) not from the run off from the local drives. Borup: Any other questions? Brad, could you clarify again on Badley showing what section would be private. Also, your talking about having a pathway connecting to, I believe you said to the east essentially. Is that what your talking about? A pathway connecting though the subdivision to the east. Hawkins: It would actually be to the —to the terms of Badley see. Here's the private. Meridian Planning and( )jning Meeting August 10, 1999 Page 10 Borup: to the` "west then. Hawkins: Yeah. This section right down here. Borup: That's the pathway at that section? Hawkins: Well not currently. (inaudible) in terms of access on to'Badley to come out this way towards 2-1/2 Street. This is the subdivision over here. Borup: How is it suppose to terminate -now? We'll ask that question— Hawkins: You should recognize that this -there are a few modifications to this plan'that you should have received in your packets—the most recent. Borup: We'll ask those questions of the applicant. Thank you. Applicant like to address us now. Either one, which ever. Shoemaker: Mr. Chairman, members of the Commission.. I try to keep to my promise to let you hear more from the architect and not the lawyer because I think the issues tonight are design issues and Mr. Knopp is more able to speak to those than I. The most important issue and the one thing I did want to speak to at the risk of repeating myself a bit with what you heard from me earlier last meeting we had in late June. You ask the –actually in May—you ask us to come back until Ada County Highway District had decided on the issue of whether should be public and extended through on a east/west basis or whether it should be suspended as we wanted. On July 7th Ada County Highway District meeting, just to review the bidding briefly, the Highway District Commissioners by a 3 to 1 vote, even in the presence of Miss Stiles who was there and' testified, to make a long story short, the Badley Street should be public because of issues of connectivity. I think the Highway District clearly.resolved that issue at the Leavell's favor and I think one of the reasons, maybe it is all (inaudible) and there is a great debate as who's vote counts the most. Your or the Highway District's in terms of I public streets. I want to try to keep the issue on the merits. I think we win either way,, ' but I do think the Highway District wants a public street. Doesn't want a public street. You can't force it down their throat. They have to accept the dedication or there isn't any public entity around to maintain the streets. Your counsel can speak to that. I think you'll agree that the merits of the decision warrant you following the Highway District policy decision anyway. I just want to be real brief on this. Back before this Commission in 1992, when we originally submitted the plans for this project, at the time it was called Hunter's Glen and you'll see it bears a lot of resemblance to the project that is up on the view(inaudible) . The names the same—north at the top—and you'll see that Phase I, which you approved in 1992 as depicted to the right, but the important point is,` back in 1992, and we know this is a 1992 drawing because it says so, even though the name has changed. This project always had private streets and never saw Badley Avenue, right here, extended, as staff for the Highway District at one time recommended, and as your staff recommended, I hear Mr. Hawkins -Clark not giving up entirely, but pretty much conceding maybe that Badley, pretty much deferring to the ' Meridian Planning andening Meeting • August 10, 1999 Page 11 Highway District on the issue of Badley not being poked through and I think the Highway District was persuaded that even because this project was approved in _ - concept, -as depicted in this document here in 1992, even though there isn't a legal obligation perhaps in a legal sense for the city to do today in '98 what it approved in concept in '92, that just because the Leavell's did not have the additional 3 million dollars to develop all the additional 64 units, which is what is at issue tonight, we did have a development agreement. The center piece of the development agreement you may recall was that there is an existing laundry facility in the,now developed south half, south third of the project, your development agreement required that the Leavell's construct aspartof Phases II and III. 1 is now combined now into Phase II, the second aspect of that common area. It either had to be a swimming pool or a tennis court plus a clubhouse. The facility you see proposed and Mr. Knopp's drawing is both a clubhouse and a pool. We are following through the Leavell's, to make a long story short, are following through with their commitment and I think we are just asking that you respond to and respect the at least implied gesture that was made in 1992. Now on policy reasons, as we discussed in front of the Highway District, of course there are concerns about connectivity and circulation and all that and usually that (inaudible) for putting public streets through as a normal progression when development occurs. Except for, here where there was an implied promise at least make in '92 when this project was approved Sterling Cove you'll recall, that is the 42 unit subdivision just to the east that (inaudible). It is the residents of that 42 lot subdivision actually it is just 12 or 13 lots up here that are really going to be benefited when you boil away all the fat. It is only 12 or so lots that are going to be benefited by poking Badley Street through here. Why, because the people south of Badley Street (inaudible) better way to get out. There is a private lane here, accessing east state street which goes all the way through to Meridian and the principal access is on Washington Avenue which runs to 2-1/2 street. We are only again trying to weigh and balance the interest of members of the public that aren't here tonight, we are really only talking about benefiting 12 lots up here versus preserving the community, the neighborhood aspect that the Leavell's want to maintain, not just in the 44 units that are all ready developed, but the 64 units they propose in the second phase, the north half of this project—keeping in mind that this apartment complex, like most, encourages and wants to encourage pedestrian traffic and vehicles from other areas, other subdivisions aren't as respectful maybe or concerned about pedestrian traffic, kids running back and forth, some swimming pools, a swimming pool here (inaudible) more inclined to be less respectful to safety concerns. I think that is why the Highway District thought, in this case, despite general desirability of connection and poking public streets through here, this is if there was an opportunity for the exception to apply, it was in this setting, given the history going back to 1992 and the action by the City of Meridian. Now the related issue of, and I need to ask staff to clarify where the sidewalk to be built. As you can see, there is a sidewalk shown here that parallel's Badley Street so that sidewalk is going to be built. If staff is suggesting that a sidewalk be extended further to'the west of Badley, along the existing (inaudible) my response has got to be, it is probably a great idea but it's the kind of thing that should be a –covered by Ada County Highway District impact fees or paid for by an LID—not the kind of off sight improvement that should be imposed upon the Leavell's. Again, I am responding to or need a little more clarification on what's staff's Meridian Planning and Hing Meeting • August 10, 1999 Page 12 recommendation was. Build the sidewalk as depicted within the project parallel to Badley, but don't propose—I think it would unfair to build it off sight now. Trying to k_eEp to my promise. Mr. Knopp would like to respond to the other issues which I believe were purely design issues or more design issues than anything else. I would stand for questions as you would like Mr. Chairman, for the remarks I've made. Borup: Commissioner's. Any questions at this `time? De Weerd: Mr. Chairman, I guess I would have a question. I was assuming the pedestrian pathway was to connect from the subdivision to the east to Badley, but—and you referred to that little piece sidewalk. There is a long stretch there. How do the pedestrians get to that sidewalk to begin with? Borup: Would that be a better question for Mr. Knopp? Shoemaker: Maybe so Mr. Chairman, but I don't want to try to dodge the question. There was discussed—I know what the Ada County Highway District meeting discussion was had concerning extending or providing an pedestrian access from Eivira Subdivision, the subdivision to the east kind of on a bias—a 45 degree angle if you will, through to this project. Again, going back to the —there is a street (inaudible) so this would be a street going nowhere. I really may be more of a design issue. I think Mr. Knopp might have some feeling on behalf of the Leavell's about whether that sidewalk should be there. Borup: Any other questions? Thank you Mr. Shoemaker Knopp: Mr. Chairman, members of the committee, my name is Larry Knopp, 355 S. 3`d Street, Boise, ID. I am the architect on the project. I would like to address, item by item the conditional use comments prepared by staff and I also would like to go ahead and address this Badley Street. Maybe we should do that at this point of time while it" still fresh in what has been transpired by Mr. Shoemaker. Borup: Mr. Knopp, may I make a suggestion. Rather then address them item by item, I think Commissioner's would rather just hear anything that you have any question or may differ' from staff comments. If you are in agreement I think that is all you need to say. I am in agreement with everything—except. Knopp: Okay. That is how I will proceed. I'll just have the comments on whatever a clarification or if I am in disagreement or got a question on staff comments. First of all I would like to go ahead and continue the discussion on access and pedestrian access through the project. It concerns Badley and also sidewalks on the project. I don't know—I will put this up and maybe you can see it from this standpoint. This Phase II, Badley Street is extended and improved by,Phase I —this dotted line that comes in and better shown on the view foil. This is improved now with Phase I, a private drive. Elvira Subdivision came in stubbed in this street hoping that Badley would be extended which as Mr. Shoemaker had indicated, there is approximately 14 lots in here that would Meridian Planning and9ning Meeting 0 August 10, 1999 Page 13 benefit access there, but their access is�mainly through their subdivision and out Washington Street..) ihave talked to the; Leavell's extensively about pedestrian traffic and also public -.traffic through here. This is a'residential area. They was to minimize the impact both vehicle and pedestrian into this. They want pedestrian traffic that is generated in their project to be able to circulate well in it, butthey really would rather i control the amount of access outside their project so that they don't have people using this, going through landscaping, trample in it, security, maybe trying to use the amenities as far as the pools and the laundry facilities. I think everybody,can appreciate that because it becomes a big problem on some of these projects. As I discussed with staff, we.do have perimeter sidewalks around the rec. building trying to inter -relate this project within the development itself. We have provided a bike path—this hatched line, that connects Phase,I and'Phase it through the project, both,from Badley Street, from ,Phase Ir and out to Fairview Avenue so that we can hopefully have the pedestrian and any bicycle -,traffic have a safe access through the project with,it. The Leavell's-main concern with public street and access -outside the project, is .traffic, is.security and.those measures. I think that was one of the big issues when the project was designed and how they wanted to handle it. I hope that answers the questions on the private roads and also the sidewalks. We are providing sidewalks down the private drive on Badley for our length of property that we have control over. Item number 1—we don't have a. problem. Number 2, no problem. Number 3 deals with Five Mile Creek. I do have and submitted to Planning and Zoning a letter from John Anderson. I took this project over, to him. I went through it. He had no problem with the way it submitted. He said that he would be more than happy to work with us on the same basis that he works with ,everybody else and with Sterling Subdivision to the east as far as access for their maintenance and easements. There is a 50 foot easement each side for a total of 100 feet. I have submitted a site plan showing the locations'of the 50 feet and we're diminishing down to 35 feet. That's the plan that I showed John Anderson. He doesn't have a problem with it. He is more than happy to work with us on access for maintenance of Five Mile. On the comment that the staff feels the original 50 foot easement is necessary, that easement is in place but Nampa Meridian is willing to work with us on reducing—not reducing the easement, it will stay there. Whatever area they need to maintain that ditch. Also, we need to work with them in regards to a fence for this project and END OF SIDE 1 -Knopp: This will also come into play with ACHD on the flag portion going back up to -Fairview Avenue. We will work with ACHD. We work with Nampa Meridian to make sure that everybody's concerns are covered and handled. By that, I mean like' a fence ,placement. We will work with them to place a fence for protection of the ditch but also the safety and protection of the children and people that are in this project. John Anderson did not have a problem with that. In regards to the flag section going out to Fairview, Nampa Meridian and also ACHD and the property owners to the west, we Willi have to get together and work all that out on a joint effort. What is involved with that is John Anderson with Nampa Meridian wants to make sure that if we improve this section, that he has access with either curb cuts—what he would like to see is not r Meridian Planning andening Meeting August 10, 1999 Page 15 billboard sign. All of the Leavell's wanted to do was use the footing of it to create a new sign for the project—not a billboard. What we are going to do is tear it all down._ We have to submit, we will submit a new sign that will meet the ordinance, Meridian's ordinance on signs. Hopefully, that will go away. We don't what to use a billboard, never have—that wasn't the intent on that, so anyway Item number 10 will be submitted with a new sign and it will meet Meridian.sign ordinance. Item number 11. Fairview right away—their comments from ACRD. There is no more right away needed on Fairview. Where ever the right away, line is, and I am not sure exactly where it is but it's got to be pretty close to our property because they are requesting any additional right away. We should be good on Number 11. A minimum of 150 parking -stalls we have provided 174.on comment Number 12. Item number 13, underground pressured irrigation system. We have two options on that, but right now the Leavell's have a well that is servicing their landscaping for Phase 11. It was designed to pump size for Phase II so that will be used. If we need any additional, John Anderson has all ready indicated that Nampa Meridian will enter into a agreement so that we can use a pressurized system out of Five Mile Creek for landscaping. We shouldn't have a problem with Item number 13. Item number 14, 1 addressed on Five Mile Creek, the fencing. We have to do something there. We just need to make sure that it is agreeable with Nampa Meridian and works for the Leavell's. I have all ready indicated to them that whatever fence goes up the Leavell's will be responsible for it as far as if they have to take it down or portions of it or what ever for maintenance on Five Mile Creek. That will also be in an agreement with Nampa Meridian. That should be covered there. There is a good chance probably what we will use is the same thing that Elvira Subdivision used on their portion along Five Mile Creek. Assessment fees for water and sewer services are determined at time of building plan review. Not a problem there. Standard. Number 16. We will be providing handicap parking per code, which is one for 25 spaces. We need to provide those and they will be covered in the ADA requirements. Item number 17, no drainage areas are shown on the development. What—I have talked with Nampa Meridian Irrigation is that if we treat, if we process our run off through grease and sand traps, boxes catch basins and handle it that way, we can go into an agreement with Nampa Meridian and they will take that water –we can inject it into Five Mile Creek. We will either do that or, provide a combination of swales and treatment into Five Mile Creek. General requirements, Item number 1. We have one ditch that cuts the corner of this project and it will be tiled. That shouldn't be a problem. That is standard as far as we have to tile it. It comes through this corner, it is piped underneath this drive right now—the street. It is piped in here and it comes down here and drops through into here, so we have to the that portion of it. That is not a problem. We will match and meet the requirements—I would imagine that is Nampa,Meridian. That's also shown on this revised site that I have given Brad as far as the sewer location on Five Mile also. Domestic wells—there are no wells or septic systems on this Phase II of the project. We should not have a problem there, like I indicated earlier, we do have a well that is servicing Phase I for the landscaping that will be servicing Phase II also. We've met number 3, that's fine. We accept that. Paving and striping, number 4, that's fine. Drainage plan will be submitted by my engineer Pinnacle for the project. Outside lighting, we'll handle that. We'll meet City ordinance on that. Same with Item number 7., Signage fortheproject. Item number 8, 1 am assuming that –1 tried to talk -to Brad a Meridian Planning and6ning Meeting • August 10, 1999 Page 16 little bit prior to this meeting on provide 5 foot sidewalks in accordance with city ordinance. I am not sure we have –we provided sidewalks on the project as much as - we could but most of these buildings—a lot of these buildings are four-plexes have garages on them. This is a driveway coming in to them. We will be providing individual sidewalks from the front doors to the garages and provide access to parking areas and otherwise it's as shown as far as circulation goes on the project. We've got site specifics comments. Item number 1—relating back to existing proposed utilities. We will finalize that but it has all ready been submitted to the city as far as sanitary sewer and domestic water service goes. We will provide, as soon as we can and know what we need anticipated fire flows. There is an existing fire hydrant that sits on the project right now and i am sure that when I check and find out the mains that are in there we'll know how many fire hydrants we'll have to provide in the project from the fire department. I have talked to Mr. Boss at the fire department. We reviewed the plans. He has stamped the preliminary and approved the preliminary plan on this project. The city should have that. I submitted a copy to them on it. Item number 3, assessment agreement with the,City of Meridian. I am not sure what that is. Hawkins: Mr. Chairman, members of the Commission I could probably clarify that. Borup: Please do Hawkins: An Assessment Agreement is basically when we come up with your assessments for the project, it's based on historical water usage of say Phase I. At that point of time when the calculations are done, it's almost like our best guess of what your going to use in water. It is what we do when we enter into an agreement that basically - states that these calculations were based on historical usage and that in X number of months from full occupancy we will re-evaluate the records to see if we were on target. If we were high, we agree in that agreement to reimburse any overage of assessment fees. In that same agreement, you agree that any shortage would be made up. It's an, agreement that basically covers the city and the applicant for assessments. Knopp: Okay, it's for water usage. Hawkins: Correct, water and sewer. Knopp: Okay. We don't have a problem with that. I thought maybe it was the property tax assessment. The Item number 4, we have to meet all of the ordinances on Meridian for landscaping, so we will be doing that. Item number 5 is—goes back to a previous (inaudible) as far as screening the site lighting from residential areas and that's fairly typical. Five foot pathways, again for pedestrian circulation on the internal—I think we have tried to address that as best as we could as far as the pedestrian traffic within the project itself, and that's again another reason why we wanted private streets and not turn this into a thoroughfare but establish this as an apartment complex so that there is some security and there is some limited about of vehicular traffic, except for the peopled that are in the project themselves, so I think that that should work fairly well. Item number 8. That will be handled in final design and engineering. No city water for Meridian Planning and9ning Meeting August 10, 1999 Page 17 landscaping. I've all ready covered that. They have a private well or they would be using a pressurized system with Nampa Meridian off of Five Mile. Item number 10. We will, of course, have to do that. That is not a problem on Five Mile Creek and the habitat. We don't even plan on getting close to it. Like I said, we need to leave at least a 20 foot area up there for Nampa Meridian to access and maintain Five Mile Creek. They probably damage it more than anybody else does when they go in to clean it out.. I guess that covers it all. Borup: Any Commissioners have any questions? De Weerd: Yes sir. I guess I would like some clarification on the public street portion. Were you saying that you will not have a sidewalk along that public street. Portion. Knopp: The ACHD wants a sidewalk. Nampa Meridian Irrigation doesn't for access to maintain the creek. We will work with ACHD and do what ever we have to do to make everybody happy—whether that means we put in a sidewalk and we put in curb cuts. John Anderson at Nampa Meridian felt that he might be able to get by with a curb cut through the sidewalk. They don't want to damage a sidewalk and be responsible for it. They had indicated to me, they might want some kind of a curb cut or access if we put a sidewalk in here that they can access and maintain this. Otherwise, they don't if they can maintain Five Mile from up here without getting over here farther. Although, this line indicates the bottom of the creek, so there is a vertical height that is established in through there, so at this point of time I guess what I am saying is that we will provide, we will have to provide whatever ACHD wants and whatever Nampa Meridian Irrigation District wants. De Weerd: Well, that sounds like it conflicts Knopp: They do. They do and so — De Weerd: So we can just add our want to that. I mean it doesn't make sense having a sidewalk all of a sudden end. I know we see it throughout the city, but I'm not a proponent of continuing that trend. Knopp: What I said was if ACHD requires to have us now—the bike path that we have indicated here is a striped area on the pavement that's for pedestrian use only. I wasn't a sidewalk, it wasn't a raised elevated area. It was a striped area in the private drive that was put on there to access that. But yes, we do have a conflict. Nampa Meridian doesn't want a sidewalk because they don't want to drive over it. They don't want to have responsibility of if. It is a standard with ACHD if you put in a public street, you will put in sidewalk, curb and gutter. MacCoy: What about a rolled curb and a thickened sidewalk:tiWe've done that before and that works. Knopp: Right. That might be a very good option. Meridian Planning and��ning Meeting August 10, 1999 Page 18 MacCoy: (Inaudible), I have watched a lot of that stuff and it's not big equipment any- way. They can get their work done dragging unit and so on, so we get our sidewalk and ACHD says fine. You can work it that direction. Knopp: That might be an alternative also. De Weerd: Oh good. Thank you. I guess another question I had is about the pedestrian pathway. Now that is a requirement from ACHD and I don't see how the connection would be from the Elvira Subdivision to get to 2-1/2 Street through you complex. I do understand why they don't want to do that, but I also see we want connectivity between our subdivisions and all those people maybe have to drive a little ways,'' but if they are on foot, they need access to the main thoroughfare as well. Knopp: I would have to examine ACHC's approval. Was that a suggestion Fred? Does that say suggestion on there or was it part of the agreement. Shoemaker: Let me read that if I could in the Ada County Highway District Commissioners Findings of Fact and Conclusions of Law, dated July— Borup: State you name again please. Shoemaker: Fred Shoemaker. Reading from the Ada County Highway District July 13, 1999 report to Mr. & Mrs. Leavell. Mr. Arnold writes, page 3, paragraph E. At the July 7, 1999 Commission meeting, the Commission granted the applicants request to not extend Badley Street from its current terminus to the west property line. Instead, the Commission to require a paved pedestrian pathway and the alignment of Badley Street extended from it's current terminus to the west property line. Borup: I've got some confusion—could you point out on the map exactly what that is referring to. I think we understand the west property line, but from where to the west property line. Knopp: (Inaudible) a Borup: Larry, I think you need to get on the mic. Knopp: I'm sorry. What the Ada County Highway District suggested or what they are ! requiring is at this terminus on the east property line that we provide— Borup: Essentially they are saying a sidewalk from Badley to Badley. Knopp: Well, yeah. Sidewalk from that property line up there where it terminates through the project here to connect pedestrian traffic. Meridian Planning and0ning Meeting 0 August 10, 1999 Page 19 De Weerd: So do you have then a pathway from that point to 2-1/2? Or to Badley? 1, Knopp: No we don't at this point of time. I had shown, at one time, a sidewalk coming off this terminus out through those two buildings to this private drive, but I was instructed by the Leavell's that they did not want pedestrian traffic from other neighborhood going through their development. De Weerd: And through that loop in that private drive, there are no sidewalks then so if a resident want to go the pool house they walk on the street. Knopp: On the private drive. De Weerd: On the private drive Knopp: The reason for that is because as I tried to indicate before, most of these units have garages—single car garages on them. These are driveways, so whether we stripe or whether they use this pedestrian traffic, or whether we lose some landscaping through here and their proceeding over driveways and around is—I think that is why"it is very important that this development stays private drives and limits the access and the accessibility just to this project and not try to provide access and for surrounding neighborhoods. It doesn't on Phase I, but this bike path and this access from 2-1/2 street and from the existing Phase I that goes through and carried through down to Washington Street, they would have access to this and this is why we felt that this pedestrian and this bike path needed to be though and connect Fairview and connect Badley and connect this private drive-thru, because that gives a continuity through the neighborhood, through the existing streets that are there and not provide new, additional egress ingress from surrounding neighborhoods. De Weerd: Whether it's by car or by pedestrian or by – Knopp: Yeah, the pedestrian is not too bad, but there again if we provide a sidewalk through these two building areas, and we've got pedestrian traffic from other neighborhoods, there's no way of controlling who is going through there at what time of the day or night and could cause a lot of problems to the apartment complex. That's the feeling and the reason why the Leavells didn't want to do that. (Inaudible) Borup: You need to come up and get on record. Leavell: I'm Lucy Leavell, the applicant or one of the applicants, and my address is 2720 S. Arial Lane in Meridian. The privacy issue is one. We would intend to have the complex completely surrounded except for specific openings withfences. We will have a night watchman. We will have a controlled for privacy and security. Another question that comes up is we don't allow dogs in the apartment complex. But you're kind of asking us to put a public walkway through the private area, which we could not control Meridian Planning and*ning Meeting August 10, 1999 E Page 20 the neighbors, whether they brought their dogs in. Could we or could we not? Could we or could we not request that bicycles not be on that, and there's one further concern that I'm very concerned about. That is providing liability. If we have the public coming in and we've opened this to the public and say they're welcome in this area, that heightens our liability a great deal, and I'm not sure I know how to address that with the insurance companies. That's a real problem. De Weerd: Mr. Chairman, may I ask a question? I guess I do understand your concern but did you say all this to ACRD? I mean this is — z Leavell: Oh, yeah I understand that that says in the report and I hadn't seen that that was a requirement. I did not understand that sitting through the meeting. I thought it was a suggestion. We'll have to go back and talk to them about it. But there's absolutely no way you can control that if you let sidewalks come through between the buildings. A night watchman cannot know who is there and who is not. This coming in behind the buildings and who is not. De Weerd: I understand your concern. I just read it as a requirement and know the intent of Badly and so I can't offer you any suggestion. Barbeiro: Mr. Chairman, Mrs. Leavell, I'd like to clarify again. There is the option of having a walking path that would parallel along the south property line between phase one and phase two. Is that one of the options that you have or — because as I i understand we've discussed here tonight you wanted to come through have them pass through the main private drive as a walking and the walk around from there. We do have the option of a perhaps a meandering path following the phase one phase two property line. We have similar paths like that along — Leavell: But there isn't any meandering there. I mean that's a straight line. Barbeiro: Right, we have the option of putting a meandering walking path between phase one and phase two. I imagine that this would be very similar to the greenbelt along the Boise River where a number of those apartment homes come right up against the river and there's the path on the back side there. Leavell: That's correct. Now there is that option that should the City of Meridian ever sign a license agreement or get control of that Five Mile Creek, they do want to have a walking path back there, and we're going to have our apartments far enough forward and we're going to have a fence to where they could have a walking path there should they chose to do that. Barbeiro: Okay this is separate from the Five Mile Creek. Let me walk up to the map here so that I know that we're both on the same path. If I understood Mr. Knopp correct, the idea was to have a path coming along here into the private drive and then they would meander through here. My idea would be to have a meandering path between these two along that property line. Meridian Planning andefiing Meeting August 10, 1999 Page 21 Leavell: There really isn't that much room to make it meander and then you would be - meandering through people's patios. I don't think they would appreciate that. Freckleton: Mr. Chairman, one thing that might maybe clarify this item E under the Ada County Highway District staff report page three seems pretty clear. Instead of doing the street, the commission required the applicant to provide a paved pedestrian pathway in the alignment of Badly Street, which would be in the alignment that Commissioner Barbeiro is talking about extended from it's current terminus to the west property line, so it would be `right down along the boundary between phase one and phase two. That comment seems pretty clear. Barbeiro: It didn't make sense what they were describing sidewise because that's what I read is along the line of Badly Street. Freckleton: And that is a condition from ACHD. Barbeiro: If that is the case, then if you have a concern that they're not going to have enough room along the, patios it may be up to Mr. Knopp to move the buildings out a ways. One more redesign. Leavell: Yeah, I don't object to the redesign. What I object to is the loss of space for tenants, the green space that we've worked so hard to build in. And if that is written up as a requirement and I had not seen that we will be appealing that and seeing if we can work out an optional plan like to swing that on to the area of Five Mile Creek, something that we will have fenced off from our privacy. I don't object to them having access to anything. I just object to them having access to our tenants' private areas and our private streets. Barbeiro: Well that is much appreciated. I do understand. Thank you. Borup: Any other questions for Mr. Knopp? De Weerd: I had no further questions. MacCoy: Mr. Chairman, just a couple. I just curious, what's the size of that pool that you have up there? You've got 42 units plus you've got now 64 more too. When you designed the size of that pool, did you design it to take care of that many people? Knopp: We have not designed the pool yet. We will be working with a pool company to make sure that it's adequate and what the design is and what we want to provide there. MacCoy: Okay and your clubhouse and your wash house where your laundry is, were they designed and (inaudible) to take care of the entire complex? Knopp: I'm assuming that the laundry facility is. I don't know. I didn't do phase one. • h l Meridian Planning anaeningr Meeting August 10, 1999. Page 22 f (Inaudible — off the microphone) Knopp: I would imagine — Borup: Can you repeat that Mr. Knopp? That didn't get on the testimony if you could repeat what was said. Knopp: The Leavells indicated to me just know that they have ten washers and dryers in the existing laundry facility and that it's supposedly was designed for it. I would imagine if they have a problem with the laundry facilities size, it will have to expand or add or something because there's nothing worse than an unhappy tenant. MacCoy: That's my point. Knopp: So I'm sure that if the laundry facility isn't adequate for phase two, then they would be addressing that issue with an expansion of it or an addition to one in phase two, but to get a little more precise on the rec. building and the (inaudible). We have not designed it yet. We have just provided space for it and we need to design that facility both the pool and the rec. building with any particular design aspects that we need to incorporate in it and that will be done. MacCoy: Okay, thank you. I'd like to go back on the conditional use column here, item 16. We went over that with you and our staff has recommended a way to put the handicap zones in. I'm assuming that when you said yes on 16, you will be following that type of procedure so that each apartment complex has handicap usage there. Knopp: We have handicap units that meet the requirements as far as the number of units in ratio to the project we're doing and also for the car ports. MacCoy: Thank you very much. That's all I have. Borup: Anyone else? Mr. Knopp, what was your understanding on the — I had the impression that your understanding on the pathway connecting Badly on the east to Badly on the west that ACHD just wants some type of connecting, not necessarily in straight alignment. Was that what you were trying to imply earlier? Knopp: Yes and also I would like to clarify that. At the meeting and I did not hear them state it as a requirement, one of the commissioners said well maybe in lieu of a public street you can have some kind of a connecting pedestrian path. Borup: That's pretty specific in their written — Knopp: It is and that's why I'm surprised because that was not — I did not hear them read in a recommendation as in the approval process, so I was under the understanding that it was a recommendation from one of the commissioners but not part of the Meridian Planning andoning Meeting fe August 10, 1999 Page 23 approval or the appeal process. As Mrs. Leavell has indicated they're fairly adamant about that. I guess we will be going back to — if I had known that they put it in as a recommendation that it was part of the approval process, we would have appealed if at that point in time, but during the meeting as I had indicated it was suggested by one of the commissioners. I heard nobody state that in and put it in as part of the approval process. So what I would like to do and I think what Mr. Shoemaker needs to do is to go back to the minutes on that meeting with ACRD to see if that really was put in because I frankly am amazed you know because it wasn't — I didn't hear anybody make it a part of the approval process. But to answer your question Mr. -Chairman, if that's the case if it is part of the recommendation if we can't get it appealed, then the Leavells have another option. I guess that's not to do the project if it boils down to that. The sidewalk and the pedestrian. traffic through here I think can be designed I don't know if it's the best location between phase one and phase two along this demising line because both of these units — these are existing, these are proposed, all these are their back patios, and to have pedestrians and I'm assuming that the pedestrian traffic would be very limited since it only feeds 40 some lots to Elvira and most of those lots you know there will be a point here where these lots will exit out Washington rather than trying to come up here and around depending on where they want to go, but I think Mrs. Leavell has really a good point. I am not sure if it's in how the liability is there, but if Five Mile Creek is to be established as a habitat and an amenity then such as the bike path and pedestrian path that Boise has down the greenbelt, then that could be a nice way to handle everybody's concerns with this and to provide a nice amenity to the project. Borup: So you're saying you would like to go ahead and put a pathway then along Five Mile then instead? Knopp: Well this is'the first time that I've been approached with it, so I would think that it might not be a bad solution — Borup: That was my next question. There has not been any discussion with Nampa Meridian on that. Knopp: There has not been, no. I'm sure they'll have the same concern there as they along the flag lot out there is if you put in and it maybe it's a gravel path instead of a concrete path so that any traffic over for maintenance on Five Mile Creek does not destroy it. Borup: Question on that, are they doing — earlier you had stated that they were to maintain that from both sides of Five Mile? Knopp: This is what John Anderson had indicated to me that maintenance is — Borup: And how are they accessing the which would be essentially the north and east of — Meridian Planning and0ning Meeting • August 10, 1999 Page 24 Knopp: East side. Borup: How are they access that now? Obviously not from the same access road. Knopp: Well it's just an open area. Borup Are they coming off of Fairview then? Knopp: They're coming off of Fairview and they're also — Borup: On that undeveloped property. Knopp: Yes. Borup: That's what I was wondering why there was such a concern with the sidewalk if they're accessing it from the other side right now. Knopp: I'm not sure. Normally what Nampa Meridian has done with me on projects, in the past is they usually require access from only one side. If they've got it from one side, they normally don't require it from both side. Borup: Normally you only have the road on one side. Knopp: Yeah. This revised site plan that I have given to the Planning and Zoning also shows the fencing that Sterling Subdivision has put in and you can see where they've located in this area that they have open here for access maintenance on Five Mile. The balance of all this property to the east is undeveloped so it's wide open and they get their maintenance from that way. And so as the parcels to the east are developed, they will go through the same process as everybody else. Make sure that they provide access for Nampa Meridian to maintain that ditch and so whatever that is. Normally the maintenance on them is the weeds and either the burning or — Borup: That's what I was wondering why need it both sides and — Knopp: Yeah. Borup: I don't know about the rest of the commissioners, but there's one commissioner here that would look real favorably on a pathway along Five Mile Creek. We've been working towards trying to get more that is in the Comprehensive Plan and the progress has been very slow on that and other parts of the city. That's maybe my comment there. Knopp Five Mile Creek is a big creek. There's a lot of water running through it. It does get deep through a portion of that, but I mean deep by the fact that it's physically lower than the surrounding property, but as my client has indicated, they would certainly be in favor of looking at that as an option rather than having a pedestrian traffic and not being Meridian Planning ancOning Meeting • August 10, 1999 ' Page 25 able to control somebody else's dogs and vehicles and pedestrian and noise through their development. De Weerd: Well it would seem like you have the working relationship with Nampa 'Meridian. Perhaps you can actually make this happen. Something.that hasn't been done yet. Knopp: As you had indicated Nampa Meridian wants are different than ACHD's and sometime the client. But if the project is just a go ahead then there has to be a compromise on everybody's part. !,. Borup: At the beginning Mr. Shoemaker made'the statement that the pedestrian traffic was a high priority. If that's truly so then I think the sidewalks and even for the tenants to get around within the project would be a priority if that's a true statement. Thank you. Any other questions for Mr. Knopp? De Weerd: No, not specifically for him other than Bruce might have something for him Do you have a question? Freckleton: Yes, Mr. Chairman, members of the Commission, I just wanted to point out item number three on our staff report under conditional use comments page three and that is dealing with multiple agencies on the Five Mile Creek. We're not just talking Nampa Meridian (End of Tape) Freckleton: ... Nampa Meridian Irrigation District and they will tell you that the Corps has no jurisdiction. However, this is the federal government, the Corps of Engineers. They claim that it is a natural waterway, and I don't know that they would be as willing to give up or let encroachments come into that easement. So the purpose of our comment there is we want to see some proof from the other agencies that claim jurisdiction that this is a viable design. Borup: So either approving or giving up rights of jurisdiction. One or the other? Freckleton: Correct. MacCoy: Mr. Chair, Bruce, I served on a committee the last couple of years that's working with this project. I don't know whether it's ever going to end, but in trying to°do the entire county and with the Corps of Engineers of course is one of the people that we've got to deal with to get them to give up that right along with the irrigation people and etc so that we could do this pathway across the entire county, and we're now working even bigger to go from Ada to Canyon on that thing and so it's something that's way out of our hands, but they are working that system because of what you say. It's difficult. I Borup: Thank you. Did you have a final conclusion? Meridian Planning anAning Meeting • August 10, 1999 Page 26 Knopp: Well if I may add to the comment, I stated this at the last hearing. I had talked to John Caywood Bureau of Reclamation. I phoned him and talked to him because - through a letter from the City Clerk on this as stated that the federal government had jurisdiction on this. I called him, John Caywood, emphatically told me that they didn't and they didn't want anything to do with it. They didn't want to be involved in it. But we certainly don't have a problem working with whoever has control of it. But as I indicated at the last meeting, I contacted him and I can get a letter from him. I don't know if he's the man, but that's the contact that I was given by a letter dated 12th of April, 99 from Will Berg, City Clerk, City of Meridian. Borup: That would probably be -good to follow through on that. Okay, thank you. De Weerd: Mr. Chairman, I guess I would have one more thing and first 1 would ask Mr. Knopp, did you have any specific ideas on your signs? It makes me a little uncomfortable when you say that it will adhere to our sign ordinance because we don't have much of one. So I guess I would like to kind of know if you had ideas in mind at this point and then I would refer to staff on suggestions on perimeters that we can bbild into this conditional use permit. I guess we have had one circumstance where we didn't do this as a condition of the CUP and they came back with a 100 foot sign request. So I just thought maybe I'd ask you since I have the opportunity. Knopp: No, I haven't addressed that issue and the reason I haven't is normally I let the sign companies work with the owner on that because they know the sign ordinances. They know what is allowed. Also they design it for the project and for the owners and the needs and so I'm assuming that it will be a monument sign. I'm assuming it will,.be something that — and we also have a problem you know if we're going to stick it out'front and stick it in that on Fairview, we're going to have to make everybody else happy out there also, and that's including Nampa Meridian. So I don't know. The Leavells have not told 'me anything about what their wishes are, but I normally have my clients work with the sign companies to develop a sign and go through the city for approval on those. Now, I'm not sure what your sign ordinance is. Evidently it's pretty lax if they can put up whatever. I would have thought that it would be minimum as far as allowing a certain size in certain zones, and also what street frontage you've got. But I guess not. I guess you don't have that, and I haven't got an answer for you. That's why I put on the site plan that it will meet Meridian's —1 was assuming you guys had "somewhat of a sign ordinance that would cover this. De Weerd: We do have somewhat of one. Knopp: Okay, so you've got an approval process that it will go through. Borup: Yes, sir. i. Hawkins -Clark: I would point out that the City Council does have a standing policy that they've asked staff to enforce along Fairview Avenue. 72 square feet, which basically - results in monument signs. I mean you're talking about nine by you know — I mean it Meridian Planning an(Oning Meeting • August 10, 1999 Page 27 could be a pretty good size, but that's a maximum that the City Council has asked us to enforce along Fairview and Cherry. Of course you've got site triangle issues too with - getting people turning right on to Fairview, visibility issues and that kind of thing. De Weerd: Thank you. Borup: Thank you Mr. Knopp. This is still a continued public hearing. Do we have anyone else that would like to testify on this application? Seeing and hearing none, -- yes sir, come on up. Leavell: I'm Bill Leavell. I live at 2720 S. Arial Lane also. I would like to tell you that this apartment complex we have 12 handicap units all of them have garages, handicap access for wide vehicle and also these apartments they'll be renting for up to $850 or maybe a little bit more later on. But we're looking for an upper class and we've got to have that. That's why we're talking about a night watchman and everything throughout the unit. Right now we have security guard coming in our apartment complex three times a night and he writes down anything he sees, so that's all I've got. Borup: Thank you. Any questions? De Weerd: No, thanks. Borup: Does staff have any summary comments? Yes, sir come on up. You got to be quick. Leavell: My name is Gary Leavell. I live at 7140 Stickman in Melba, and I hope to be partial owner of this soon. I'm real concerned about the path also as far as the liability. We can enforce our tenants. If our tenants are out there screaming at 10:00 at night, we can evict them. We cant' evict the neighbors. You know we can, maintain our tenants and our quality of our apartment complex if it's our people. Because if they don't follow the rules, they're out of there. But yod can't do that. Okay, you can't be my neighbor any more: You know, we're not Mr. Rogers, but as far as the laundry mats go, like my dad says this is real upper class apartment complex. Most of those people would rather not go to a laundry facility. That's why he's put in laundry facilities to — they have washers and dryers in the apartments. And he also for people who don't own their own washers and dryers, offers to rent them at very inexpensively, probably cheaper than what it would cost to go to a laundry mat every week or twice a week. So we don't foresee a big usage in the laundry facility in this kind of apartment complex at all. MacCoy: Okay, thank you very much. Trent: ,My name is Darla Trent. I live at 1312 E. 5th Street which happens to be in phase one. I'm the manager of it, and I have live there for three and a half years and managed it for two and a half years. I just want to agree with I see absolutely no way that the pathway could go between phases one and two without interrupting the tenants' patio and their private. I agree, I would love to have a walkway going along the creek if l Meridian Planning anconing Meeting August 10, 1999 i Page 28 that were to come to pass. I agree with the whole phase two since I've lived here for three and a half years, it has always been maintained. It has always been planned, and I would love to see it come to pass. Borup: Thank you. Did I already ask the staff if they had any final summary? Okay, thank you. Commissioners, -- De Weerd: Mr. Chairman, I move that we close the public hearing. MacCoy: Second if. Borup: Discussion? MacCoy: None. De Weerd: None. Borup: I assume you feel comfortable with making some type of decision tonight then? De Weerd: I just moved to close the public hearing. Yes, I do. Borup: Okay, all in favor? MOTION CARRIED: ALL AYES. Borup: Now maybe appropriate for some discussion. MacCoy: Yes. Borup: Would you like to start, Commissioner De Weerd? De Weerd: Well yeah, with some of the footnotes that staff has made as well as some of the comments that Mr. Knopp has made, I feel comfortable with it. I would be prepared to include some of those comments within a motion if you would like me to tell you what those comments are, I am prepared to do so. Borup: I think I would be interested in the comments first before we do the motion. De Weerd: Okay, in response to a concern or a comment that Commissioner MacCoy made, it would to assure that there is proper maintenance of these private roads to ACHD safety standards. Built in protection to assure the water quality along the Five Mile Creek for the runoff and/or drainage. And again a lot of these comments are already in the staffs, but they are comments I feel have been discussed and should emphasized. Work out the requirement with the public street with the property to the west, ACRD, Nampa Meridian and to keep the sidewalks in that plan. Signage should be submitted for,the approval of staff. Perhaps stating it's going to be square foot ,.. t Meridian Planning. ancening Meeting r August 10, 1999 r. Page 29 maximum and it should a monument sign. To include Mr. Knopp's comments on the pressurized irrigation that it will meet and/or will work with Nampa Meridian to access - the Five Mile Creek. And then just an extra emphasis on staff's conditional use 'permit comment number three. MacCoy: I'd say that's very good. She cleaned up all mine. So:that's good. Borup: Commissioner MacCoy, do you have anything to add? MacCoy: No, I think that she covered that very well plus the fact that we're going to. include the staff comments as part of our condition anyway. I would like to state to the. staff I think they did an -exceptional job on this project and I appreciate I think we all do. Your detail of your material you gave us plus the applicant. It makes our projects a lot easier. De Weerd: Mr. Chairman, I do have one more thing. It would`just be on the pedestrian path that the applicant will work with the agencies involved to get an agreement either to connect Badly or to work with the Five Mile Creek idea. That certainly is an idea that I like, but I don't know if it would ever happen. Borup: Commissioner Barbeiro? Barbeiro: Mr. Chairman, I am a little confused regarding the applicant's desire to go out and appeal the ACHD decision, which of course is fine. How does that affect our decision on a conditional use permit not knowing if the Ada County Highway District does require them to put a pathway along the original line of Badly, then the applicant would then have to redesign his complex. While I don't know that that's going to change the conditional use permit and we will not have a vision of what the final complex is going to look like based upon not knowing whether their appeal will be accepted or rejected. Borup: That was exactly my concern stated very well. That's the same concern I have. I'm not sure how we can approve something with that being up in the air and undecided and unsettled. Is that what you're saying? Would you like to expound on that any more? Barbeiro: No. Borup: That's why I was hesitant to close the public hearing. Any other comments from the other commissioners? How comfortable do you feel with leaving it hanging like that? I think the other things can be handled. I mean there was several things that weren't on the design, but they were probably minor things. The sewer easements and locations and some of those things. Staff I think is always very does a good job on following through on those things, but this is kind of a different category. MacCoy: Well I will put my two bits in. I think our staff is well qualified to work the system out and whatever minor changes are made, I've got my bet on the fact they'll do Meridian Planning and ping Meeting August 10, 1999 Page 30 a good job with it, so I don't feel as bad about that. staff would be the ones that could carry it. i I thought about that. I thought that Borup: I agree with that, but is this what we recommend to City Council? 1 mean do we have an application here that we can feel good about recommending to them? In my mind it's down to just the one question. If there's an appeal to ACHD not knowing what the results of that is going to be. MacCoy: We've had this happen before to us. It's been appealed and we had no control and — Borup: At this point we have a written — we have the written findings from ACHD, so you know we have something specific to go by: MacCoy: * That's true. Before we didn't have that. Borup: But if that is going back and being appealed, then — MacCoy: That's something we have no control over anyway. We could have gone through this whole session and then find out later there was some discussion going between the applicant, ACHD etc and then a appeal gone through. Yet we have already done our thing here. De Weerd: Well Mr. Chairman, I guess I understand your question. If they don't win the appeal, we don't see the plan in front of us as it should be today because today that pedestrian path is required and it is not in the design. So if they don't win the appeal they would have to redesign this. If they do win the appeal then we would be approving their design. But as designed, it does not fit the requirements that they need to. So I guess I understand. I would then make a motion to reopen the public hearing and if that would be the desire of the commission. Rossman: Mr. Chairman, may I? I guess what's really before you is this plan here notwithstanding Ada County Highway District's report. If they do intend to appeal and they don't prevail on their appeal, it would seem to me that if this proposal here went through and was approve and went to City Council and was approved and they did not win their appeal, it would seem to me that the redesign would be such as it would constitute a material modification of the conditional use permit that they would have to come back before the commission with the redesign plan. t MacCoy: And that's what happened in the past we've done a couple of those. Rossman: So you would see it I guess is what I'm trying to say here. If you go through and approve it as it shows here and if they're successful on the appeal, you'll never see it again, but you've already approved this project. If they're not successful on the appeal, most likely I would view that as a material modification of the conditional use Meridian Planning anc*ning Meeting August 10, 1999 ` I Page 31 permit that they'd have to come back before you with a revised plan. If they can do it, without materially modifying what we're seeing here, then perhaps they wouldn't. -r Borup: So you're saying the commission would be approving and agree with what is ' submitted right now? Rossman: Yes. Borup: Commissioner Barbeiro, you had a comment. Barbeiro: Even as it is now, regardless of whether the appeal is accepted or rejected, there is no walking path shown. Borup: Correct. Barbeiro: If we accept it now, and they win their appeal, they have the right to place no walking paths unless ACHD puts another condition. Borup: Or unless we put a condition. Barbeiro: Thank you. Rossman: You can put a condition that you either approve it as it shows with no walking path or you can put a condition that they have a walking path. I think you really have to make that decision. Ada County Highway District.has made a recommendation and I think you really do have to make that decision at this point, and then they can always if they want to appeal that or address that before City Council they certainly can, but I think you do need to take a stand on that issue and make a determination. MacCoy: We've done that before. Borup: So we can make a recommendation with conditions on it and perhaps move it along or the other choice, table it and wait for the ACHD appeal? Rossman: You could also do that yes. Borup: So the question is what would be in the best interest for the applicant. Barbeiro: Certainly the best interest of the applicant would be to approve with the condition. Rossman: And I guess that would be a question. Is this something that the commission feels they need the expertise of the Ada County Highway, District on before they make a final determination. I think that's really the issue. Barbeiro: Then I wish to make a motion that we recommend approval to City Council for the request for conditional use permit to construct 16 four plexes with pool and , Meridian Planning andZoning Meeting i E August 10, 1999 Page 32 clubhouse for uses phase one and phase two proposed Creekside Arbour phase two' with staff comments noted and the condition of a walking path pending the Ada County Highway District appeal and Commissioner De Weerd do you have something to that? De Weerd: You mean that big long list I said? Rossman: We can incorporate that list. It's in the transcript. De Weerd: Didn't you write that down? Rossman: It's in the transcript. Borup: Yes you mentioned road maintenance, the pathway, signage, drainage — Rossman: And I guess to make a further condition, perhaps you should consider making a condition that if in fact they do prevail on their appeal with Ada County Highway District that — De Weerd: What the preference is. Rossman: Either that you're approving without the path or that they come back before you with the appeal decision in hand so that you can reconsider that. Borup:- I was a little confused on part of your motion. Barbeiro: It is my motion that we approve to City Council this motion with the condition that a walking path be placed on the property. Regardless of their appeal to ACRD. Borup: Okay regardless. I didn't hear the regardless. That's where I missed it. Rossman: So whether it be Five Mile Creek as required by Ada County Highway District, okay. De Weerd: Well Five Mile Creek is not their property, so if you put in there that it has to be on their property, then that wouldn't fulfill. Borup: I think the property line goes to center of the creek I believe. De Weerd: Well that eliminates any option of it being on the other side of the creek as well. Rossman: It doesn't sound like it does to the feds. Borup: Okay then that may not be an option so then they're limited to through the project. r f: Meridian Planning ancOning Meeting i August 10, 1999 Page 33 Barbeiro: So should I amend to say — Borup: You can just say a pathway. Barbeiro: A pathway through their property. Borup: Joining Badly on the east Badly on the west. MacCoy: Including the comments made by Commissioner De Weerd to be included in this. Borup: Mr. Freckleton, do you have something maybe pertinent to this motion? Freckleton: Thank you. I was just wondering if the motion was to approve based on ACHD's condition? The location that they have specified — Borup: In my mind — Freckleton: If they win their appeal, then they're going to have to come back — Borup: In my mind and I may be wrong, but I would think there'd be`some flexibility on the location of the pathway as long as it connected the two Badly. Whether it went behind the building or whether it went in front of the building site. Freckleton: That's just something that I think from staff's perspective we would like to get it pinned down what your feeling is where this path should go. Borup: Okay. Barbeiro: As for my motion I would leave it to the expertise of Mr. Knopp in placing a pathway that is in the best interest of his client as well as performing on the conditional use requirement that we're asking here. If they lose the appeal to ACHD, then it would require a major change and they would have to come back to the Planning and Zoning Commission. In the meantime I wish to send this as approved to the City Council stating that a pathway will be placed connecting the east and west Badly at the discretion of the architect. But fitting the correct perimeters of a reasonable walkway. Rossman: But I think you have a problem'i in that I guess if they do lose their appeal to Ada County, they're going to have to comply with what your motion is proposing to put the walkway in, and apparently they're going to have to comply with that either way. So irregardless of an appeal to Ada County, and my question is does that constitute I mean in order for them to do that, are they going to have to change the design of this project? Barbeiro: I don't believe the project design would need to be changed. I don't believe that the addition of a walkway would constitute a material change if they were to place it y�< Meridian Planning and0ning Meeting August 10, 1999 ry E Page 34 as Mr. Knopp had originally showed us where it would be a quick jog through — go to the private lane in the center. Rossman: Okay then perhaps your motion should say that's where the pathway should be because I think from the testimony it sounds like if they're going to run that pathway behind the buildings to directly connect Badly, that it might involve a material redesign of the project because they'll be running right through people's patios unless they do redesign it. Barbeiro: Then deferring to the architect's notes, I would change my recommendation that we add a walkway as described by the architect in his testimony tonight and that should the applicant lose their ACHD appeal that they would then come before the commission again as it would require a material change in the description of the property and their layout of the site. De Weerd: Mr. Chairman — Borup: Yeah this is going to be the longest motion we ever made. De Weerd: The problem I see with'that is still that is a private drive. It is just pavement. There is no sidewalk. You will be sending people down the middle of the street. I have a problem with that. You know if they want help with their privacy sending people haphazardly into their development, I mean who knows where they'll go. They'll go through the street. You can connect it between those two buildings and then the option is theirs. They can continue on through the other buildings, they can go down a street, they can go look for a sidewalk, but you know without a plan, I just don't see that that's even a viable — well in my mind it doesn't seem feasible. Rossman: I guess my proposition would be that if you're not ready to approve it as it's stated right here with no pathway between the two, then my recommendation would be that you,table it until they can get ,it resolved with Ada County Highway District. If you're ready to approve it as stated, then you certainly can do that and — Borup: The only way we can approve it as drawn right now is' to ignore ACHD's recommendation. Rossman: Which you are entitled to do in my opinion. Barbeiro: Mr. Chairman I move that we reopen the public meeting as it appears the applicant has some notes that they would like to present to us which could possibly resolve this. Borup: If it would resolve things, I guess it would be worthwhile to. MacCoy: Okay, I'll second that then if that's the case. Meridian Planning and0ning Meeting August 10, 1999 Page 35 Borup: We have a motion to reopen the public hearing and second. All in favor? MOTION CARRIED: ALL AYES. Borup: Okay this public hearing has been reopened. Mr. Knopp, would you — De Weerd: Those opposed, nay. Borup: All opposed? Sorry. De Weerd: Nay. Borup: 2 to 1 it has been reopened. Knopp: I was just discussing the issue with the Leavell's. They have told me that there is an existing sidewalk system that front across these two buildings on phase one and that can be tied back in to the east property line over similar to what we would do here. We'd bring it down and across and connect to Badly Street that would be fairly easily accomplished on an existing'sidewalk system that's in on phase one. Just to complicate matters. Borup: Why didn't you say so earlier. Knopp: I didn't know that much about phase one. So, I'm sorry about that. Borup: Commissioner BarbeiroJust mentioned that it's something outside of this project that we're looking at. Did someone I hear that someone over here had a comment? No? Okay. Freckleton: Chairman Borup, I think that's something that maybe they could raise with their appeal with the Ada County Highway District you know for the connectivity that there is an existing sidewalk through there. I don't know what relevance it has to that plan right there as far as you are concerned. Borup: Well I guess we can control the part that's on that, but I don't know why unless Counsel has another opinion, I don't know why that isn't something that can be a condition, and again in my mind ACHD's concern was having the connectivity whether it went through phase one or phase two, I'm not sure why that would be real critical. De Weerd: Mr. Chairman, I do notice in Elvira Subdivision is that a walking path that goes to nothing as well? They have a street that goes to nothing and a walking path that goes to nothing? Borup: You're talking on the east? De Weerd: Yeah. Well north — F Meridian Planning and mooning Meeting `- August 10, 1999 Page 36 ' Borup: Up the north there. Freckleton: There's a sewer line that goes through there. De Weerd: Is that an indicated sewer line? Freckleton: Uh-huh. Borup: I don't think they made it a walking path. De Weerd: See I'm good at those comments: Borup: I don't think that ever was a walking path. They always talked about, but I'm — De Weerd: Well see there's even space between those lots. I didn't know what that was. Borup: I think it is a sewer easement, but I don't think they did a pathway over it. Yeah it was a while ago. t x Rossman: Mr. Chairman from a legal standpoint and at least for my concern, I don't see a problem with making a condition. If your concern is connectivity between the two,. I don't see a problem with making a condition that they provide connectivity whether that's through phase two or phase one. I mean I don't see a problem as making that a condition of the approval. Borup: Mr. Knopp back to similar statements earlier what would move this along best for the applicant? And it looks like we can either make a motion tonight with some conditions or continue this until the ACHD appeal. What would the applicant's preference be? It sounds like the feelings of the commission is we would like°to see a; pathway some connectivity there. Whether it went through phase one, phase two or Five Mile Creek. I don't know if that's — Knopp: I guess that's what I'm hearing no matter whether we go and appeal it through ACHD and win, ladies and gentlemen of the commission would like to see a pathway through there anyway and as the Leavell's have indicated if you approve the pathway through phase one on an existing sidewalk system, then the project is a go. We're not going to appeal it to ACHD and we're hopefully going to the City Council. Borup: You just said if that was the commission's recommendation, you would not be. appealing it? Is that what you just said? Knopp: That's correct. De Weerd: Is that sidewalk a five foot sidewalk? I l� Meridian Planning an ning Meeting August 10, 1999 j Page 37 Barbeiro: It will be I'm sure. Knopp: What is it now? (Inaudible) I Rossman: If I may Mr. Chairman, I guess the point Mr. Knopp is making and I would agree is that if you are prepared to act, whether they appeal ACHD or not is really irrelevant. If you're prepared to act and City Council is prepared to act, there's no need to even deal with ACRD. Unless you want to table it until you get ACHD's determination on it you .need their expertise. Borup: Only depends if the commission feels that was a good solution. Was there a staff comment? Hawkins -Clark: Yeah Commissioner, I hasten to point out I mean the requirement from ACHD is to put the pathway in alignment with Badly. That's part — Rossman: Do you want to define alignment? Borup: That would be my question. I was hoping for interpretation a little bit. Hawkins -Clark: That's correct. That would be open to interpretation. I just wanted if you're —._the appeal may need to happen either way. If Five Mile Creek is the choice, it certainly would not meet the condition of ACHD. Borup: Oh, right. I think if we proceed with Mr. Knopp's last recommendation, Five Mile Creek won't be a factor. Is there any concern about this -needing to be approved by ACHD? be Weerd: No. Borup: Not from this commission. De Weerd: Mr. Chairman, outside of the technical question or concern that staff has raised, I would like to know what staff's opinion is on this possible alternative. Borup: In other words would that accomplish — De Weerd: The intent. Hawkins -Clark: Do you know if there is an existing or Larry if there is an existing sidewalk on the stub street from Elvira? There's an existing sidewalk on both sides of that stub street? Meridian Planning andfning Meeting August 10, 1999 Page 38 (Inaudible) Hawkins -Clark: The south. Borup: Could someone repeat that in the mike? Knopp: I guess a question that Brad is asking is there an improved sidewalk in Elvira Subdivision on the stub that's coming into that? Borup: Yes, that adjoins the east side of your property I believe is what the question was. Knopp: Yeah, I believe there is on the south side because I went out and parked there and looked at it to see where the alignment was on it, and I guess Elvira does have — I don't know if it's improved both sides, but I guess there is a sidewalk on the south side of that termination there at — right it would tie into the south side or connect it if the division line between phase one and phase two and I think what the Leavell's are getting at is it's partially improved but the traffic in there and across the front of the existing complex would not hinder the patio areas and maybe landscaping that we're trying to do in phase two. I think it would be accomplishing the same thing that there again I think ACHD was saying okay if we don't have a public street going through, then could we have some pedestrian traffic going through? I think the gentleman that wrote the report from ACHD put alignment in there. I don't think that was his intent. I think the intent was that they have some kind of pedestrian traffic connection so that people Elvira could get to Badly and go on through and over to 2 Y2 Street. MacCoy: You're probably correct. Borup: That was my interpretation. But such that it is. Any other question for Mr. Knopp? Are we. clear on what the applicant's preference is? I think so. I'll entertain a motion to close this pubic hearing. De Weerd: I would move that we close this public hearing. MacCoy: I second it. Borup: All in favor? MOTION CARRIED: ALL AYES. Borup: So now we're ready for another motion. Barbeiro: Mr. Chairman, withdrawing my original motion, I wish to recommend that we approve to City Council the request for conditional use permit to construct the 16 four plexes with pool and clubhouse proposed Creekside Arbour Phase No. 2 that we approve this to City Council with the addition of the walking path as described by the Meridian Planning ancOning Meeting 0 August 10, 1999 Page 39 architect, Mr. Knopp, in testimony to go through phase one running parallel to the ` original path what would have been Badly Street, connecting Badly Street east and "west to include staff comments, to include comments as discussed by Commissioner De Weerd. Rossman: Mr. Chairman — Borup: Size of that path, do you want to specify that? The sidewalk? Barbeiro: Nothing less than five feet wide would be appropriate. <- Rossman: I guess you should clarify for the record in the motion as to the fact that would make the conditions recommended by the Ada County Highway District with the exception of I guess to the extent of their definition of alignment is different than what you've described that those recommendations of Ada County Highway District be included as conditions with the conditional use permit approval. Barbeiro: Rather if the Ada County Highway District requires something different than we have discussed here today requiring a material change in the design that the design would come back to the Meridian Planning and Zoning Commission for approval of a conditional use permit based upon the new plan. Rossman: I guess what I'm getting at is I assume you are including with your motion Ada County Highway District's recommendations except for the pathway. r Borup: Or we could say that Ada County Highway District's recommendation with our interpretation of item number — Rossman: I'm just trying to clarify it because poor Steve is going to have to draft a recommendation based on this record. Barbeiro: I'm not having a lot of sympathy for Steve anyway. Oh, he heard that, didn't he? Rossman: He will. Borup: That was site specific requirement number two on the ACHD. Barbeiro: Okay so that we would include all of the notes incorporated by ACHD . including of our interpretation of two provide a paved pedestrian pathway in the alignment of Badly Street extending from its current terminus to the west property line. Borup: Is everybody comfortable with that motion. If so motion and a second, all in, favor? t MOTION CARRIED: ALL AYES. Meridian Planning and6ning Meeting August 10, 1999 Page 40 rR Borup: Just one minute, I hate to tell you this Commissioners, I'm sorry. Did we close the public hearing earlier? Okay, thank you. We did it twice and I forgot — okay thank you. That concludes that application. I would like to thank the applicants. De Weerd: Mr. Chairman, I would move that we adjourn. Barbeiro: Second the motion. Borup: All in favor? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:30 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: KEITH BORUP, CHAIRMAN E ATTEST: WILLIAM G. BERG, JR., CITY CLERK d i Due to extensive staff -supported changes requested by agencies (e.g., extension of Badley Avenue as a public street, 50 -foot right-of-way for Five Mile Drain which. is also controlled by Bureau of Reclamation), significant redesign of this project is needed before.the site plan can be reviewed. For this reason, we respectfully request that this item be continued and that revised site plans be prepared in order for our review to begin on the project. CreeksideArbour.RZ.CUP 4 HUB OF TREASURE VALLEY • Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (208) 884-14264 CITY OF MERIDIAN Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON Phone (208) 888-4433• Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208) 884-5533 MEMORANDUM: May 7, 1999 To: Planning & Zoning Commission, Mayor and City Council From: Bruce Freckleton, Assistant to City En weer Shari Stiles, P&Z Administrator Re: Request for Rezoning from R-8 to R-15 with a Conditional Use Permit to Allow a 64- Unit Apartment Complex by William and Lucile Leavell Due to extensive staff -supported changes requested by agencies (e.g., extension of Badley Avenue as a public street, 50 -foot right-of-way for Five Mile Drain which. is also controlled by Bureau of Reclamation), significant redesign of this project is needed before.the site plan can be reviewed. For this reason, we respectfully request that this item be continued and that revised site plans be prepared in order for our review to begin on the project. CreeksideArbour.RZ.CUP • a a BEFORE THE PLANNING AND, ZONING COMMISSION I' IN THE MATTER OF THE ) Case No. -CUP -99-008 a` REQUEST FOR CONDITIONAL USE PERMIT FOR 16 ) RECOMMENDATION TO CITY FOURPLEXES WITH POOL ) COUNCIL AND CLUBHOUSE WILLIAM.& LUCILE LEAVELL ) Applicant ) 'INTRODUCTION- 1. NTRODUCTION-1. The property is located on, the south side of Fairview Avenue approximately 600 feet east of Third Street, Meridian, `Idaho. P l v �. 2. The owners of record'of the subject property are William, and Lucile i Leavell of 2720 S.,Ariel, Meridian, Idaho. a 3. Applicant is the owner of record. R 4. The subject property is currently. zoned,Medium Density Residential (R-8) with a pending application for rezone to Medium High Density Residential (R - 15). R -15). The zoning districts of R-8 and R-15 are defined,within the City of Meridiani r High Density Residential R-15 zoning designation within the City of Meridian s y Zoning and Development Ordinance, requires -a conditional use permit be obtained for Mixed/Planned Use Developments as requested by, the Applicant. (Meridian City - Zoning and Development Ordinance, Section 11-2=409). } 3 ' 6. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. 7. ' The Meridian Planning and Zoning Commission takes note of and recognizes the concerns of Warren D. Ross, PO Box 155, Meridian, Idaho, as filed on r. May 4, 1999; and of Robert Bremmer, 1307 E 6th Street, Meridian, Idaho, at a public hearing on -July 13, 1999. k RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of.the City of Meridian that they approve "the conditional use permit"as requested by the,applicant, subject to the following: Adopt,the Central District Health Department's. Recommendations as°follows: 1.1 The Applicant's central sewage and central water plans must be submitted to" and approved by the Idaho Department of Health Welfare;- Division of Environmental Quality. 1.2 Run-off is not to create a mosquito breeding problem. - 1.3 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT,—WILLIAM SZ LUCILE LEAVELL —16 FOURPLEXES, WITH POOL AND CLUBHOUSE , 4. 1.4 The Engineers and architects involved with the design of the subject project shall obtaih current best management, practices for"stormwater disposal and design a 'stormwater management system that prevents. groundwater and surface water degradation. Adopt the Meridian Fire Department's Recommendations as follows: 1.5 Applicants shall satisfy all City and State codes. 1.6 The appropriate number of fire hydrants will need to be added throughout the complex. 1:7 Vehicles and trailers shall only be parked in designated spaces. No parking is permitted in the 25 foot driveway running through the apartment complex. 1.8.. The main access driveway and the 25 foot loop drive must be constructed before building is started. 1.9 The main access drive must be connected either to E.r5th Street or to , Badley before building is started. 1.10 The applicant shall work with the Fire Department and Building. Department to ensure that the number of framed apartment buildings without sheetrock installed for fire stops not be exceeded. 1.11 All apartment buildings containing'more than six (6) apartments shall be provided with a fire sprinkler system. f Adopt the Nampa & Meridian Irrigation District. Recommendations as follows: ry 1.12 All municipals surface drainage shall be`retained on site. Adopt the Ada County Highway District's Recommendations as follows: t 1.13 Dedicate 60 -feet of right-of-way from the centerline of Fairview Avenue 'abutting the parcel by means of recordation of a -final subdivision plat or execution of a warranty deed prior to issuance ofa building permit (ori other required permits), whichever. occurs first. The owner,will -be compensated for all right-of-way dedicated as an addition to existing RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT –=WILLIAM & LUCILE LEAVELL —16 FOURPLEXES, WITH POOL AND CLUBHOUSE ti 6 v 7 right-of-way from available impact fee revenues in this benefit zone, -ifi' , g s Y p the, owner submits a letter of application to the impact fee administrator` prior. to breaking ground, in accordance with Section 15 of ACHD 1 Ordinance #188. 4 1.14, Provide a paved pedestrian pathway in the alignment of Badley Street extended from its current terminus to the west property line. 1.15 Provide a public roadway from Fairview Avenue .to a point between 300 and 460 -feet south of Tairview Avenue. Construct the roadway adjacent to the west property line as one-half of -a 37 -foot Street section plus 12- " ` feet. of, additional pavement with curb, gutter, and sidewalk on the east side of the road within 42 -feet of right-of-way. Provide a paved temporary turnaround with an easement for the turnaround provided to the District. Coordinate the length of the roadway with District staff. 1.1}6 Construct a 5 -foot wide detached sidewalk on Fairview Avenue abutting the site. The sidewalk shall be located two feet within the new right-of- way of Fairview Avenue. Coordinate the elevation and location of the sidewalk with District staff. 1.17 As required by District policy, restrictions on -the width, number and locations of driveways, shall be placed on future development of this r I parcel. 1.18 Other than the public road specifically approved with this application, direct lot or parcel access to Fairview Avenue is prohibited. Adopt `the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: ` 1.19 Applicant should provide evidence to the City in the form of a license agreement or other formal approvals from all jurisdictions involved in the oversight of Five Mile Creek for construction within the existing 50 - foot easement. Approval should be required from the Bureau of Reclamation, Corps of -Engineers, NMID and Idaho Dept. of Water Resources. 1.20 Applicant shall,provide a letter from ACHD approving a'public roadway within an existing easement. RECOMMENDATION TO CITY COUNCIL - 4 CONDITIONAL USE PERMIT —WILLIAM SZ LUCILE LEAVELL —16 FOURPLEXES, WITH POOL AND CLUBHOUSE X �s L21 Correct elevations heed -to be submitted and/or°clarified. '` 4 1 22 The plan shall be revised to show "all existing easements including ,E existing sanitary sewer easements. No encroachments, into the,existing sanitary sewer easements is permitted. ` s 1.23 Sanitary sewer service to this site will be-via:an extension`from the existing main that is adjacent to the proposed development. Applicant will be responsible" for construction of the _sewer mains to and through this proposed development. Subdivision -designer shall coordinate main -sizing and routing with the Public Works Department:. Sewer manlbles are to -be provided to keep the sewer lines on the south .and west sides of the centerline. r k� 1.24 Water service to this site will be via extensions of existing mains installed in adjacent`developments. Applicant will be responsible for w construction of the water mains to and -through this proposed development. Subdivision. designer shall coordinate main sizing and routing with.the Public Works Department. Applicant shall be required to -'complete looping of water mains into existing adjacent developments. 1.25 Detailed signage plans -shall be included as part of this application for review and approval. All signage is subject to design review approval. 1.26 A minimum of 150 parking stalls must be provided on site. 1.27 Underground pressurized irrigation must be provided to all landscape eareas on site. Hook-up and design details based on the proposed landscaping, shall be submitted for approval. 1.28 Non-combustible fencing is required. Details shall be submitted for b approval. Staff recommend the fencing not continue beyond the northerly curve of -Five Mile on the north end of the site and the fence be designed considering public safety and aesthetics that match the high quality of.the development. 1.29 Applicant shall pay fees for water and sewer service which shall be ' determined during the building plan review process. .,: 1.30 For°the number of parking spaces shown, a minimum of seven N RECOMMENDATION TO CITY COUNCIL - 5 CONDITIONAL USE PERMIT —WILLIAM S& LUCILE LEAVELL —16 FOURPLEXES, WITH POOL AND CLUBHOUSE handicapped accessible spaces would be required, with a minimum ofi' 4 one-being van accessible (1'6-foot-wide). Apartments may require that each building have' an accessible space and ramp. All applicable Fair, Housing and ADA requirements for multi-family housing must be met. 1.31 Any existing irrigation drainage ditches crossing the`property to be included in this project,-shall be tiled per City Ordinance 11-9-605.m. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 1.32 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-domesticpurposes such as landscape irrigation. 1.33 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. 1.34 A drainage ,plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 1.35 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 .1 1-2-14.D.3. s 1.36 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 or flashing signs will be permitted. s ` t 1.37 Applicants shall provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 1.38' All construction shall conform to the requirements of.the Americans with Disabilities Act. j RECOMMENDATION TO CITY COUNCIL - 6 r CONDITIONAL USE PERMIT —WILLIAM & LUCILE LEAVELL —16 FOURPLEXES, WITH POOL AND CLUBHOUSE 1.39 A revised site plan shall be provided detailing all existing and proposed utilities for review by the Meridian Public Works Department. Designer is tb coordinate sizing: and"routing of sanitary sewer and water within the development with the Public Works Department. 1.40 Applicant -shall 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. - r 1.41. Applicant shall be required to enteninto an Assessment Agreement with the City of Meridian. 1.42 One three-inch (3") caliper tree is required per 1,500 s.f. of asphalt on the site. Calculations showing total asphalt area and required number of trees must be submitted. Provide detailed landscape plan for review and approval. 1.42 Particular attention will need to be paid to lighting plans to ensure adjacent residential properties is not impacted by glare, as determined by the City of Meridian. e L43 Staff encourage the provision of five-foot pathways to provide for. enhanced pedestrian eirculation.internal to the project, particularly between principal buildings/uses'. 1.44 Applicant shall 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: 1.45 No City water will be allowed for landscape irrigation. 1.46, Five Mile Creek is designated as a 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 f natural beauty of Tive Mile Creek. RECOMMENDATION TO CITY.COUNCIL - 7 CONDITIONAL USE"PERMIT —WILLIAM SZ LUCILE LEAVELL-16 FOURPLEXES, WITH POOL AND CLUBHOUSE The Planning,and Zoning Commission further advises: J 1.47- Applicant shall assure that there is proper maintenance of any and all t private roads .within the development to ACHD Safety Standards. 1.48 Applicant shall assure the water quality along Five Mile Creek for runoff and/or drainage. r 3 1.49; All signage shall be. submitted for the approval of -staff. 1.50 The applicant shall install pressurized irrigation or shall work with the Nampa -Meridian Irrigation District to provide irrigation for landscaping. F 1.51 Applicant shall,comply with ACHD Site Specific Comment No.2.by providing a paved pedestrian pathway in the alignment of Badly Street extending from its current terminus to the west property line. ey/Z:\Work\M\Meridian 15 3 60M\Creekside Arbor\CUPRecommendations 43 F + f A oi f: •, ti RECOMMENDATION TO CITY COUNCIL - 8 CONDITIONAL USE PERMIT—WILLIAM SL LUCILE LEAVELL —16 FOURPLEXES, WITH POOL AND CLUBHOUSE F 4� i 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: MAY 4, 1999 TRANSMITTAL DATE: April 5, 1999 HEARING DATE: MAY 11, 1999 FILE NUMBER: CUP -99-008 REQUEST: CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR-PLEXES, WITH POOL AND CLUBHOUSE FOR USE BY PHASE I & II BY: WILLIAM & LUCILE LEAVELL LOCATION OF PROPERTY OR PROJECT: END OF 5T" . NORTH OF CREEKSIDE ARBOUR PHASE I & SOUTH OF FAIRVIEW TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z TOM BARBEIRO, 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 r 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 TRANSPORTATICAsIDEPARTMENT ADA COUNTY (ANN I N) YOUR CONCISE REMARKS: -I • K HUB OF TREASURE'VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642" 1 C T��� Phone (208) 888-4433 - Fax (208) 887-�k2�1�J`JE— DLANNING 887-R (los) s8�-221 t AND ZONING RON ANDERSON KEITH BIRD APR 0 7 149 DEPARTMENT (208> ssa-ss3� City of Meridian City Clerk Office TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN I 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: MAY 4, 1999 TRANSMITTAL DATE: April 5, 1999 HEARING DATE: MAY 11, 1999 FILE NUMBER: CUP -99-008 REQUEST: CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR-PLEXES, WITH POOL AND CLUBHOUSE FOR USE BY PHASE I & II BY: WILLIAM & LUCILE LEAVELL LOCATION OF PROPERTY OR PROJECT: END OF 5T" . NORTH OF CREEKSIDE ARBOUR PHASE I & SOUTH OF FAIRVIEW TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z TOM BARBEIRO, 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 r 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 TRANSPORTATICAsIDEPARTMENT ADA COUNTY (ANN I N) YOUR CONCISE REMARKS: -I t J HUB OF-TREASURE VALLEY,° - Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (208) 884. -1_6-1 Council M m CITY ,OF� MERIDIAN .rt • I PUBLIC WORKS , CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 k r RON ANDERSON ` f x Phone (208) 888-4433'• Fax (208) 887-48134 PLANNING AND ZONING- KEITH BIRD [ ¢+ DEPARTMENT t (208) 884-5533 , f TRANSMITTAL TOAGENCIES 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: MAY 4, 1999 TRANSMITTAL DATE: April 5, 1999 HEARING DATE:. MAY 11, 1999 FILE NUMBER: CUP-99-008 REQUEST: CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR-PLEXES, WITH POOL AND CLUBHOUSE FOR USE BY PHASE 14 II BY: WILLIAM & LUCILE LEAVELL LOCATION OF PROPERTY OR PROJECT: END OF 5T" , NORTH OF CREEKSIDE ARBOUR PHASE I & SOUTH OF FAIRVIEW TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) TOM BARBEIRO, P/Z ADA COUNTY HIGHWAY DISTRICT BYRON SMITH, P/Z ADA PLANNING ASSOCIATION KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT `RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT ^_CHARLIE ROUNTREE, C/ ��T -% IDAHO POWER CO.(PRELIM & FINAL PLAT) _KEITH BIRD, CIC FcE; " �+1 I U.S. WEST(PRELIM & FINAL PLAT) _GLENN BENTLEY, CA; INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT APR 1 3 J99=BUREAU OF REC LAMAT ION (PRELIM & FINAL) SEWER DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT BUILDING DEPARTMENVI'Y OF jyEIj' jjff N ADA COUNTY (ANNEXATION) T X FIRE DEPARTMENT_ _POLICE DEPARTMENT YOUR CONCISE REMARKS: CITYATTORNEY lgt-t . CO3F S wil-i /t/,L.eC f0 &rw- CITY ENGINEER rIr2G /4y,.;& Fr wiI.C., NA:,- cV fo /3•Q q&Cgv,4 7'4,c G/ti. _CITY PLANNER OL,,-j J-tL-a qivc�) fAt'de;4 S ac✓S fr��/� G OA) .rnJ Y kz ..2 S�of ri a J2- 40enk, -r�-e A-f s .._ r TL rz M c mss; o e— �q /v /3 Loop /�:- i v �- w� LL- ivxec9 7-o /3- eow sfw f� =e ar /qAj� /�t� / c5� i ct l s S7�i� r e cR• 7 i 2m,4; y e- A c 5 L �fy d a- /V,EJ 7�p C 0.,YlvR-G-F J I �h o1�� �� ,� /3�t r �cYi °� l i S � =4 r ���/ �o, � w o � � • � r cX / % Accass f,�,r- tti,s- '�toJ��= ✓ tt 0 1/491e f� Mayor HUB OF TREASURE VALLEY AL DEPARTMENT ROBERT D. CORRIE A Good Place to Live LEG(2O8) 884-.4264 PUBLIC Council Members ITY OF MERIDIAN- WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON Phone (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD 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: MAY 4, 1999 TRANSMITTAL DATE: April 5, 1999 HEARING DATE:_ MAY 11, 1999 FILE NUMBER: CUP -99-008 REQUEST: CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR-PLEXES WITH POOL AND CLUBHOUSE FOR USE BY PHASE I & II BY: WILLIAM & LUCILE LEAVELL LOCATION OF PROPERTY OR PROJECT: END OF 5T" , NORTH OF CREEKSIDE ARBOUR PHASE I & SOUTH OF FAIRVIEW. _ TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT —,__ MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) 'TOM BARBEIRO, 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 V WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT �FIRF ni=PGRT11Af=1UT 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) APR - 7 1999 CITY OF MERIDIAN BEFORE COMMENCING UNDERGROUND WORK, 342-1585. • SUPERINTENDENT Christine H. Donnell April 9, 1999 City of Meridian 33 East Idaho Meridian, ID 83642 Dear Councilmen: • REGIE'vED r APR 1 4 1999 CITY OF MERIDIAN Enclosed for your review is general information relative to schools located in the proposed project area. If you have any questions, please contact Jim Carberry at 888-6701. Reference: Creekside Arbour Subdivision El&nri6ntary School:Mei ridian'Elementary School Middle School: Meridian Middle School High School: Meridian High School Comments and/or Recommendations: Meridian Elementary School is over capacity. Meridian Middle School is at capacity and will remain so until the fifth middle school comes on line in the fall of 2000. Meridian High School is over capacity at this time. We can predict that these units, when completed, will house thirteen (13) elementary aged children, twelve (12) middle school aged children, and nine (9) senior high aged students. We will approve Creekside Arbour Subdivision. Sincerely, Jim Carberry, Administrator of Support"Services` BOARD OF TRUSTEES Rex Harrison • wally Hedrick • Holly Houfburg • David Wynkoop • Steve Mann 0 CENTRAL CENTRAL DISTRICT HEALTH DEPAR- ENT 0• DISTRICT Environmental Health Division CE + �R'eturn to: WiHEALTH 4APR , ❑ Boise DEPARTMENT 2 1999 ❑ Eagle Rezone # - CITY OF'MIDM Garden City Meridian Conditional se # �C�l� �Z --4CO� tU❑ Kuna t Preliminary / Final / Short Plat ❑ ACZ 'i Y& 6, eouta 0 i ❑ I. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. { � t ❑ 3. Specific knowledge as to the exact type of use mustbe provided before we can comment on this Proposal. ` ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. F ❑ S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of. ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ' El other & This office will require Ia 'study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well °construction and water availability. _ I S. 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 Iciaho'Department of Health & Welfare, Divisions of Environmental Quality: ` central sewage• community sewage system ❑ community water z71 L *0 sewage dry lines Tcentral water vi'710. Run-off is not to create a mosquito breeding problem. ❑ H. This Department would recommend deferral until high seasonal ground water can"be determined if other considerations indicate approval. (. s t ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed,to meet Idaho State Sewage Regulations. 13. We will require plans be submitted for a plan review for any: ❑ -food establishment swimming pools or spas ❑ childcare center ❑ beverage establishment ❑ grocery store 14. & ."_me.✓W4;Pate: l�l 'Poo/ rJ;// 'in Y-6 .d ' Reviewed By: ! ..s CD L+D [DHD 10/91 rcb, rev. 7/911L Review Sheet ' 1 CENTRAL �• 0 I5TRICT L*HfALT H = DUART,�AENT `AN CRCS 70i M. AR!aSiGGNG .C.c.10337Ca ^3":5 • l":C9) '95:1 =X �p Tu prevent arul treat disease and disability; to prornute healthy lifestyles: and W protect and prornwe the health and quality of our er wrYtrrrertt. STORNMATER Nf. NAGEMENT RECONNIMENDATIONS We recommend that stormwater be pretreated through a grassy swate prior to discharge to the 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. stormwater 3/43:dly 'PttC 127.7? ;,i,t 127•a,!V; Servile Valley, Elmore, Boise, and Ada Counties AdC / Seise Caunty Offica ACC -WIC Sefelfife Office Etmore County Office �I VClley County office iCJ N. f! 4 eer 707M, Arrnsrcng PI. fcC6 Rcter -_C _ ,rn S;nom; Mcur.rcin i cre. Q a3E47 ?O. ?Cx 1443 ?CRe iC a3iO4 aoise. c a77C5 EnvirO. elecirh: 537.72:5 4tCr'Ctl: IC. 3262a Errnr-3. N•:Ctrn: 327•i 470 Ph. JJQ 7 .. "? -sC,t.;/r.: Sai• Oi Ph. e34.7ICa Foray P!cnrng: 327.74CC PAX. 3J4.3I5 ,I�tt(_: �3f •r'WQ "Vic: 5 Ff.,f. WQ.Zf 17,1 trnr. un¢a: cn5: 327.7450 jen:rr `Iutnt�Cn: 327.74 FAX 537.3521 'PttC 127.7? ;,i,t 127•a,!V; ]f IVAL,111LEI[-) OF. P.O. Box 155 - Meridian, ID 83680 Loren D. Ross, Manager 888-5694 or 888-6668 EcErv1ED RE: Public Hearing, May 11, 1999 MAY 0 4 1999 TO: Members, Planning and Zoning Commission City of Meridian I.° V Clerk Office I am Loren D. Ross, owner of the adjacent property to the west of the proposed project "Creekside Arbour Phase II". My property' includes Elm Grove Trailer Park, a 40 unit mobile home park, and approximately 2 acres of bare ground between Gruber and Badley streets to E. 3rd street. I wish to go on record with the following concerns in which the above proposed project may impact my property: 1. Trespassing: 64 units will result in approximately 200 people. I would request a fence along the north and west boundaries of the proposed project to discourage "short- cuts" on foot, bicycles, motorcycles, etc., from cutting through the mobile home park and my bare property. A 6 foot solid fence would not only discourage trespassing, but would reduce noise and add an element of privacy. As proposed, I believe landscaping is already addressed along the north and west boundaries. If not, I think it would help reduce noise. 2. Construction Phase: I would request construction be done in an organized tidy manner. Scrap materials, empty containers, lumber bindings, etc., throughout my mobile home park or scattered over my vacant property will not be acceptable. Would it be feasible to build the fence around the project prior to construction to avoid these potential concerns? The above is not an attempt to place undue hardship on the proposed project, but is felt necessary to protect the tenants of Elm Grove Trailer Park and my vacant property. sin c ely, Loren D. Ross ri N.. 7702 8 ARTHUR THOMPSON • ST CHARLES, IL -]4 MERIDIAN PLANNING & ZONING MEETING: AUGUST 10 1999 APPLICANT: WILLIAM & LUCILE LEAVELL - ffWNUKW: 3 REQUEST: CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR-PLEXES WITH POOL AND CLUBHOUSE FOR USE BY PHASE I & 11 (PROPOSED CREEKSIDE ARBOUR PHASE II AGENCY CITY CLERK: 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: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED MINUTES A r ut�v G1� OTHER: All Materials presented at public meetings shall become property of the City of Meridian. I G I , Meridian Planning an*Wing Commission Meeting July 13, 1999 Page 14 a Sims: Nine. De Weerd: Nine, okay thank you. Mr. Chairman I would move that we continue this public hearing till August 10th and hopefully we have comments END OF SIDE ONE Borup: Second. MacCoy: All iri favor? MOTION CARRIED: ALL AYES MacCoy: Ayes have it, Thank you very much. Well done. ITEM 3, CONTINUED PUBLIC HEARING' REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR- PLEXES WITH POOL AND CLUBHOUSE FOR USE BY PHASE I & II (PROPOSED CREEKSIDE ARBOUR PHASE II) BY WILLIAM & LUCILE LEAVELL-END OF 5T" NORTH OF CREEKSIDE –ARBOUR PHASE I & SOUTH OF FAIRVIEW: MacCoy: Since we have just continued the public hearing for 2 and since 3 is connected, what's the Commissioner's viewpoint. Barbeiro: Mr. Chairman l move that we continue Item 3 for our August 10th meeting. De Weerd: I second. MacCoy: All in favor? MOTION CARRIED: ALL AYES ITEM 4. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A MULTI -FAMILY 96 UNIT APARTMENT BUILDING FOR PROPOSED COBBLESTONE VILLAGE BY IONIC ENTERPRISES, INC.—SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: MacCoy: As I reported earlier, we had a letter which requested this be moved to August 10th, it says it is a continued public hearing, is anyone here wanting to make a comment about this now. If not we will move on. It is going to be on our August 10th agenda. Seeing none, Commissioner's. De Weerd: Mr. Chairman, I move that we continue the request for condition use permit for Cobblestone Village to August 10—to what—August 25tH U M 0- 0 � C i MERIDIAN PLANNING Ck ZONING COMMISSION MEETING: JULY 13 1999 _ _ APPLICANT: WILLIAM & LUCILE LEAVELL AGENDA ITEM NUMBER: 3 REQUEST: CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR PLEXES WITH POOL AND 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 SEE ATTACHED MINUTES FROM 6/8/99 BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. U Meridian Plannin d_ Zoning Commission Meeting June 8, 1999 Page 5 MacCoy: That would be a good idea. Smith: Second. MacCoy: All in favor? MOTION CARRIED: ALL AYES MacCoy: All ayes have it. Thank you. ITEM 4. CONTINUED PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR-PLEXES WITH POOL AND -CLUBHOUSE FOR USE BY PHASE 1& 11 (PROPOSED CREEKSIDE ARBOUR PHASE II) BY WILLIAM & LUCILE LEAVELL—END OF 5T", NORTH OF CREEKSIDE ARBOUR PHASE I & SOUTH OF FAIRVIEW: MacCoy: Same letter applied. They've withdrawn and I need a motion for that. Smith: Mr. Chairman I make a motion that we continue the public hearing on this item until our July 13th meeting. Borup: Second. MacCoy: Hearing a first and a second, any discussion? Guess not. All in favor? MOTION CARRIED: ALL AYES MacCoy: Thank you. Moving on very fast tonight so far to Item 5. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 6.15 ACRES (FOR r-40 ZONING) FOR PROPOSED COBBLESTONE VILLAGE BY IONIC ENTERPRISES, INC.—SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: MacCoy: Staff. Comments. Stiles: Mr. Chairman, Commissioners we do have a revised site plan that has been submitted. They have incorporated the changes that we have requested. Hopefully you have one of those in your packets and have been able to review that. I believe they have additional testimony to present tonight as it's a continuance of the public hearing. Smith: Shari. What's the date on the revised plan? Stiles: There is no date on it. MERIDIAN PLANNING & ZONING MEETING: JUNE 8 1999 APPLICANT: WILLIAM & LUCILE LEAVELL ITEM NUMBER: 4 REQUEST: CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR-PLEXES WITH POOL AND CLUBHOUSE FOR USE BY PHASE I & II (PROPOSED CREEKSIDE ARBOUR PHASE II 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: All Materials presented at public meetings shall become property of the City of Meridian. I ti ' S Meridian ,Planning and -Zoning Commission I May 11, 1999 k Page 103 a MacCoy: To open the public hearing again. Barbeiro: I asked to continue the public hearing. t MacCoy: I'know, I'm waiting for the second. �Rossm'an: Technically the motion should be to reopen the public hearing and continue it. ?wy A De Weerd: I would second a motion to reopen. Barbeiro: I stand corrected, I wish to reopen the public hearing and then continue it to our next scheduled date: De Weerd: Which is June 8th. q ,MacCoy: All in favor? MOTION CARRIED: All ayes. r Barbeiro:, I thought for sure no comments were attributed to the architects fine work.' ITEM NO. '10: PUBLIC HEARING: REQUESTFOR A CONDITIONAL, USE PERMIT TO CONSTRUCT 16 FOUR-PLEXES WITH POOL AND CLUBHOUSE FOR USE BY e PHASE I & II (PROPOSED CREEKSIDE ARBOUR PHASE II) BY WILLIAM & LUCILE LEAVELL—END OF 5T", NORTH OF CREEKSIDE ARBOUR PHASE I & SOUTH OF FAIRVIEW: MacCoy: We've already heard from—staff do you want to say anything about Item No.I 10? Stiles: Nothing further. W MacCoy Does the applicant want to have anything to say at this time for Item No. 10, which.is the conditional use permit, nothing more than,just to'say that your comments t can be carried further. N LARRY KNOPP, 355 S. 3RD STREET. ¢ Y e + U; t Knopp: i have nothing to add to... E MacCoy: So you want to carry your,remarks forward to Item No. 10 in other words. Thank you. I fl Meridian Planning and Zoning Commission x May 11, 1999 Page 104 MacCoy: Do you have any questions for Mr. Knopp at this point? De Weerd: No, but I would move to continue this to June 8th Borup: Second. MacCoy: Okay I guess we are going to get that taken care of too. Any discussion? No. All in favor? MOTION CARRIED: All ayes. MacCoy: All ayes have it No. 10 will be continued. ITEM NO. 11: PUBLIC HEARING: REQUEST FOR REZONE OF .323 ACRES FROM R-15 TO L -O) BY MATTHEW & DANITA HARTZ-1990 N. MERIDIAN RD. MERIDIAN, ID: Stiles; Mr. Chairman, commissioners, you have our staff report dated May 7, 1999. This is an existing residence on Meridian Road. It's zoned R-15, they are proposing to rezone it to L -O to allow use for music instruction and sale of music supplies and instruments. With the conditions that we've outlined in our memo, staff recommends approval. I would like to do detailed signage review and hopefully that could be handled at staff level. If it was something that we didn't approve, we would get your input. MacCoy: Is that it for you two? Bruce do you have anything? Stiles: We did need a new legal description to match up to the center line of the road. MacCoy: Bruce is still figuring this out or what? Okay, is the applicant here then? Please come forward and state your name and address. MATTHEW HARTZ, 1990 N. MERIDIAN RD., MERIDIAN, ID. Hartz: I do understand that a realtor worked on it yesterday and found three more existing surveys on the property that one of them. I should if I don't have that then I will get a surveyor to come out and do that, that's not a problem at all. MacCoy: Anything else you want to say about your project or your property? Hartz: Other than my wife and I specialize in music construction, violin especially. The house is a 1905 structure with a lot of original cabinetry on the inside that has been MERIDIAN PLANNING AND ZONING MEETING: MAY 11 1999 APPLICANT: WILLIAM & LUCILLE LEAVELL ITEM NUMBER: 10 REQUEST: CONDrrIONAL USE PERMIT FOR CREEKSIDE ARBOUR PHASE 11 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: REVIEWED MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEE ATTACHED LETTER FROM LOREN D. ROSS All Materials presented at public meetings shall become property of the City of Meridian. n o��� tO f29, 1999 CITY COUNCIL MEETING: ``' JANUARY 4 2000 T: WILLIAM & LUCILE LEAVELL AGENDA ITEM NUMBER: 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 COMM CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public rr SANITARY SERVICE: OTHER: -of the City of Meridian: city resented at public meetings shall become prole , ' 11 Materials , COMMENTS SEE 11 /16 AND 11 /3 ITEM PACKETS 0. r November 12, 1999 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 16, 1999 APPLICANT: WILLIAM & LUCILE LEAVELL. ITEM #: 14 REQUEST: CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR PLEXES WITH POOL AND CLUBHOUSE AGENCY COMMENTS CITY CLERK: SEE PREVIOUS PACKET 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: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. October 29, 1999 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 3 1999 APPLICANT: WILLIAM & LUCILE LEAVELL ITEM #: 2 REQUEST: FF&CL REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR PLEXES WITH POOUCLUBHOUSE FOR USE BY PHASE I & 11 AGENCY COMMENTS CITY CLERK: 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: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: AWAITING LEGAL DESCRIPTION SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. VV -e- (AFwE 1.u6Cj `1/I 1otA N 0 i.;nteroffice ,.MEMORANDUM PtECEIVIED To: William G. Berg, Jr. OCT 2 9 1999 From: Wm. F: Gigray, III CITY OF MERIDIAN a.. Subject: WILLIAM AND LUCILE LEAVELL / CREEKSIDE ARBOUR PHASE II / CASE NO. CUP -99-008 Date: October 29, 1999 Will: Please find attached the Findings of Fact and Conclusions of Law and Decision and Order Granting Conditional Use Permit Subject to Conditions and the Order of Conditional Approval of Conditional Use Permit. I have prepared the Findings for the Council's consideration as directed at the council meeting and public hearing on the 71h of September. Please note that I advise that no action be taken on these Findings until action is completed on the annexation and zoning, and that the annexation ordinance is published. This is to assure the real .property, which is subject to this°matter is subject to the ordinances and within the boundaries of the City of Meridian. I have additionally attached the original of the Order of Conditional 1 Approval of Conditional Use Permit, if Council approves the Findings please present to the Mayor for his signature, and then serve conformed copies upon the Applicant, Planning and Zoning Department, Public Wdrlcs and the City Attorney office. If you have any questions please advise. t msg/Z:\Work\M\Meridian 15360M\Creekside Arbor\C1kCUPFfClsDecOrdandOrderApproval.Mem .g 1 t i1 r Office of the Cit Attorney Y ,IX The City of Meridian - Idaho's Initial Point of Beginning 200 E. Carlton Ave. Suite 31 PC Box 1150 Meridian ID 83680-1-150 Pnone:288-2449 Fax: 288-2501 E -maim wfg@woomg.com To: Mayor and City Council cc Shari Stiles, Bruce Freckelton Fredric Shoemaker From: Bill Gigray, City Attorney Re: Creekside Arbour ��gr Date: November 11, 1999 wish to report that a meeting concerning this matter was held pursuant to the direction of the City Council on the 10' of November. In attendance at the meeting were: representing the developer Larry Knopp. Fred Shoemaker and Lucile Leavell from Planning and Zoning staff Shari Stiles and Brad Hawkins -Clark and from Public Works Bruce Freckieton and myself. The purpose of the meeting was to determine if developers concerns with the development agreement could be ironed out. Recommended action as result of meeting: That the City Council move to reopen the public hearing. then reset the public hearing and that 15 day notice of the public hearing be,given in accordance with the law for the limited purpose of receiving additional testimony and evidence from staff, applicant and any affected persons on the issue of:The location of pedestrian pathways, the providing of roadway from Fairview Avenue, issues related to the inclusion of all or any portions of Tax Parcel No. S11072121530, and at what stage of development Cerdfrcate of Occupancy may issued. The basis of the request is that there has been a purchase by the applicant of neighboring property that could provide additional road options and locations which will require additional comment from ACHD and staff and which presents matters that are beyond the ability of staff and applicant to resolve given the existing record of this matter. 0 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF WILLIAM D., LEAVELL AND LUCILE M. LEAVELL, FOR A CONDITIONAL USE PERMIT FOR FOUR MULTI- FAMILY DWELLING FOU RPLEXES FOR A TOTAL OF SIXTEEN FOURPLEXES WITH AMENITIES OF SWIMMING POOL AND A CLUBHOUSE LOCATED ON THE SOUTH SIDE OF FAIRVIEW AVENUE APPROXIMATELY 600 FEET EAST OF THIRD STREET, MERIDIAN, IDAHO Case No. CUP -99-008 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditional use permit application having come before the City Council on September 7, 1999, and Shari Stiles, Planning and Zoning Administrator, Gary Smith, City Engineer, and Larry Knopp, architect for the Applicant, appeared and testified in favor of the application and no one appearing in opposition, and the City Council having received the`staff report and the record made before tl' Planning and Zoning Commission, and being fully advised in the premises, the Council finds and concludes as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM WAND LUCILE M. LEAVELL - 1 -f FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 7, 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 hearings having been posted.upon the property under consideration more than one week before said hearing and the 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 said September 7, 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. R 2. "There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6512; and §§11-2-416E and 11-2-418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE 11 BY WILLIAM D. ANDY LUCILE M. LEAVELL - 2 3. Council takes judicial notice of its Zoning, Subdivision 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 #629 - January 4, 1994"and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. 4. The property is located on the south side of Fairview Avenue approximately 600 feet east of Third Street, Meridian, Idaho. 5. The owners of record of the subject property are William and Lucile Leavell of 2720 S. Ariel, Meridian, Idaho. 6. Applicant is the owner of record. 7. The subject property is currently zoned Medium Density Residential (R-8) with a pending application for rezone to Medium High Density Residential (R-15). The zoning districts of R-8 and R-15 are defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408(4) and (5). 8. That the Applicant, William D. Leavell and Lucile M. Leavell, husband and wife, owner of the property is granted a conditional use permit for the development and use of four multi -family dwelling fourplexes for a total 'of sixteen (16) fourplexes with amenities of swimming pool and a clubhouse located -on the south side FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 3 S of Fairview Avenue approximately 600 feet east of Third Street, Meridian, Idaho, as described in the Revised Site Plan dated 9-7-99, REVISION SEWER EASEMENT, Project No. 99103, DATE: AUGUST 1999, DRAWN BY: OES, Sheet No. Al, Creekside Arbour Apartments Phase Two, Meridian, Idaho, LARRY KNOPP, ARTHITECT, for the development of the aforementioned projects and which property is described hereinbelow to -wit: A parcel of land as described in Warranty Deed Instrument No. 9227732 and shown on Record of Survey No. 4621 situated in the NE 1/4 of the NW 1/4Aof Section 7, T.3N., R.1E., Boise Meridian, Ada County, Idaho and described as follows: Commencing at a Brass Cap Monument marking the North 1/4 corner of said Section 7, thence along the East line of the NW 1/4 of said Section S 00°34'39" W (S 00°00'00" W) a distance of 673.74 feet to a 5/8" rebar and the POINT OF BEGINNING; Thence continuing along said East line S 00°34'39" W a distance of 218.76 feet to a 5/8" rebar; Thence leaving said East line S 38°43'20" W a distance of '192.36 feet to a point; Thence N 89°29'10" W (S 89°56'20" W) a distance of 510.80 (510.67) feet to a point; Thence N 00°33'16" E a distance of 351.65 feet to a point; - Thence N 88°49'42" E a distance of 239.87 feet to a '/2" rebar; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 4 11 Thence N 00°36'17" E a distance of 590.03 feet to a point from which a 5/8" rebar on the southerly right-of-way of Fairview Avenue bears N 00°3617" E a distance of 34.06 feet; Thence N 61°04'07" E a distance of 73.66 feet to a point on the centerline of Five Mile Creek and the southerly right-of-way of Fairview Avenue; g Thence along the centerline of said Five -Mile Creek the following courses; Thence S 00°44'24" E a distance of 305.75 feet to a point; Thence along the arc of a curve to the left having a radius of 30.00 feet,, a central angle of 61032'59", an arc length of 32.23 feet, and a long chord bearing S 31°32'36" E a distance of 30.70 feet to a point; Thence S 62°20'48" E a distance of 322.40 feet to a point; Thence along the arc of a curve to the right -having a radius of 60.00 feet, a central angle of 17°52'43", an arc length of 18.72 feet, and a long chord bearing S 53°25'31" E a distance of 18.65 feet to a point on said East line of the NW 1/4; Thence leaving said centerline and along the said East line S 00°34'39" W a distance of, 125.31 feet to the POINT OF BEGINNING. Said parcel contains 7.55 acres more or less and is subject to all existing easements and rights-of-way of record or implied. 9. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEI<SIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 5 10. Giving due consideration to the comments 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 and the following is also'found to be required to mitigate the effects of the proposed 4 use and development upon,services delivered by political subdivisions providing services t6 the subject real property within the planning jurisdiction of the City of Meridian. 10.A Conditions requested by the City of Meridian Planning and Zoning Administrator and Assistant City Engineer within their Memorandum dated August 5, 1999, be required as follows.- Adopt ollows: Adopt the Central District Health Department's Recommendations as follows: , 10.1 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health Welfare, Division of Environmental Quality. 10.2 Run-off is not to create a mosquito breeding problem. 10.3 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 10.4 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 6 F Adopt the Meridian Fire Department's Recommendations as follows: 10.5 Applicants shall satisfy -all City and State codes. 10.6 The appropriate number of fire hydrants will need to be added throughout the complex. 10.7 Vehicles and trailers shall only be parked in designated spaces. No parking is permitted in the 25 foot driveway running through the apartment complex. 10.8 The main access driveway and the 25 foot loop drive must be constructed before building is started. 10.9 The main access drive must be connected either to E. 5th Street or to Badley before building is started. 10.10`The applicant shall work with the Fire Department and Building Department to ensure that the number of framed apartment buildings without sheetrock installed for fire stops not be exceeded. 10.11 All apartment buildings containing more than six (6)' apartments shall be provided with a fire sprinkler system. Adopt the Nampa Sz Meridian Irrigation District Recommendations as follows: 10.12 All municipal surface drainage shall be retained on site. Adopt the Ada County Highway District's Recommendations as follows: 10.13 Dedicate 60 -feet of right-of-way from the centerline of Fairview Avenue 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 7 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. 10.14 Provide a paved pedestrian pathway in the alignment of Badley Street extended from its current terminus to the west property line: 10.15 Provide•a public roadway from Fairview Avenue to a point between 300 and 460 -feet south of FairviewAvenue. Construct the roadway -adjacent to the west property line as one-half of a 37 -foot Street section plus 12 -feet of additional pavement with curb, gutter, and sidewalk on the ,east side of the road within 42 -feet of right-of-way. Provide a paved temporary turnaround with an easement for the` turnaround provided to the District. Coordinate the length of the roadway with District staff. 10.16 Construct a 5 -foot wide detached sidewalk on Fairview Avenue abutting the site. The sidewalk shall be located two feet within the new right-of-way of Fairview Avenue. Coordinate the elevation and location of the sidewalk with Distract staff. 10.17 As required by District policy, restrictions 6n the width, number and locations of driveways, shall be placed on future development of this parcel. 10.18 Other than the public road specifically approved with this application, direct lot or parcel 'access. to Fairview Avenue is prohibited. Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: r 10.19 Applicant should provide evidence to the City in the form of a license agreement or other formal approvals from all jurisdictions involved in the oversight of Five Mile Creek for construction within the existing 50 -foot easement. Approval should be required FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 8 n 0 from the Bureau of Reclamation, Corps of Engineers, NMID and r Idaho Dept. d Water Resources. v 9 k . 10.20 Applicant shall provide a letter from ACHD approving a public roadway within an existing easement. F 10.21 Correct elevations need to be submitted and/or clarified. 4 s 10.22 The plan shall be revised, to show all existing easements including l existing sanitary sewer easements. No encroachments into the existing sanitary sewer easements is permitted. 10.23 Sanitary sewer service to this site will be via an extension from the existing main that is adjacent.;to.the proposed development. Applicant will be responsible for construction of the. sewer mains to and through this proposed.: development. Subdivision designer shall coordinate main sizing and routing with the Public Works, Department. Sewer manholes are to be provided to keep the sewers lines on the south and west sides of the centerline. 10.24 Water service to this site will be via extensions of existing. mainsf E installed in adjacent developments. Applicant will be responsible for construction of the water mains to and through this proposed 6 development. Subdivision designershall coordinate main sizing. and routing with the Public Works Department. Applicant shall be required to complete_looping of water mains into existing, adjacent I developments. r 10.25 Detailed signage -,plans shall be included as part of this application for review and approval. All signage is subject to design review. approval. E a 10.26 A minimum of 150 parking stalls must be provided on site. `FINDINGS OUACT, AND CONCLUSIONS OF LAW AND'DECISION AND ORDER GRANTING CONDITIONAL XSE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL — 9 s n 10:27 Underground pressurized irrigation must be provided to all landscape areas on site. Hoole-izp and design details based on the proposed landscaping shall be submitted for approval. 10.28 Non-combustible fencing is required. Details shall be submitted for approval. Staff recommend the fencing not continue beyond the northerly curve of Five Mile on the north end of the site and the fence be designed considering public safety and aesthetics that match the high quality of the development. 10.29 Applicant shall pay fees for water and sewer service which shall be determined during the building plan review process. 10.30 For the number of parking spaces shown, a minimum of seven 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. All applicable Fair Housing and ADA requirements for multi -family housing must be met. 10.31 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- " 605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 10.32 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. 10.33 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 E AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 10 Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. k. 10.34 A drainage plan designed by a State of Idaho licensed architect of 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. 10.35 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 11-2-14.D.3. 10.36 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 or flashing signs will be permitted: 10.37 Applicants shall=provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 10.38 All construction shall conform to the requirements of the Americans with Disabilities Act. j 10.39 A revised site plan shall be provided 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. 10.40 Applicant shall 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT, TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 11 10.41 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 10.42 One three-inch (3") caliper tree is required per 1,500 s.f. of asphalt on the site. Calculations showing total asphalt area and required number of trees must be submitted. Provide detailed landscape plan for review and approval. 10.43 Particular attention will need to be paid to lighting plans to ensure adjacent residential properties is not impacted by glare, as determined by the City of Meridian. 10.44 Staff encourage the provision of five-foot pathways to provide for enhanced pedestrian circulation internal to the project, particularly between principal buildings/uses. 10.45 Applicant shall 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. 10.46 No City water will be allowed for landscape irrigation. 10.47 Five Mile Creek is designated as a 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. The Planning and Zoning Commission further advises: 10.48 Applicant shall assure that there is proper maintenance of any and' all private roads within the development to ACHD Safety Standards. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 12 10.49 Applicant shall assure the water quality along Five Mile Creek for runoff and/or drainage. 10.50 All signage shall be submitted for the approval of staff. 10.51 The applicant shall install pressurized irrigation or shall work with the Nampa -Meridian Irrigation District to provide irrigation for landscaping. A 10.52 Applicant shall comply with ACHD Site Specific Comment No.2 ,by providing a paved pedestrian pathway in the alignment of Badly Street extending from its current "terminus to the west property line. y 11. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance. 12. The uses proposed within the subject application will be subject to . the conditions set forth in Finding of Fact no. 10 and will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 13. - The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 14. The uses proposed within the subject application will be served FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE�PERMIT SUBJECT TO CONDITIONS "CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 13 adequately by central public facilities and services such as highways, streets, police and 3 fire protection, drainage structures, refuse disposal, water, and sewer. 15. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any"associated with the use. 16. The uses proposed within the subject application will 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. 17. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 1. Idaho Code § 67-6512 provides in part that: (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the _zoning ordinance, but may be allowed with conditions under specific provisions of the zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM b. AND LUCILE M. LEAVELL - 14 for the proposed use, and when, it is not in conflict with the plan; and (C) That upon the. granting of a special use permit, conditions may be attached to a special use permit, including,but not4limited to, those: 1) Minimizing adverse impact on other development; 2) Controlling the sequence and timing of development; 3) Controlling the duration of development; 4) Assuring that development is maintained properly; 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities or services; requiring more restrictive standards, than those generally required in an ordinance; requiring mitigation of effects of the proposed development upon service delivery " a by any political subdivision, including school districts, providing services within the planning jurisdiction. The City,.of Meridian has exercised its authority to provide for the r` processing of applications for Conditional Use Permits by the enactment of § 11-2-418 'Municipal Code. 3: Idaho Code § 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as the "Local Land Use Planning Act of 1975." 4.. The City of Meridian has enacted the Comprehensive Plan City of FINDINGS OF FACT AND CONCLUSIONS OF LAW " AND DECISION AND ORDER GRANTING CONDITIONAL USE.PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE 11 BY WILLIAM D. AND LUCILE M. LEAVELL - 15 } 0 Meridian adopted December 21., 1993, Ordinance No. 1629, January 4, 1994. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS 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 that: 1. That the Applicant, William D. Leavell and Lucile M. Leavell, husband and wife, owner of the property is granted a conditional use permit for the development ry and use of four multi -family dwelling fourplexes for a total of sixteen (16) fourplexes with amenities of swimming pool and a clubhouse located on the south side of Fairview Avenue approximately 600 feet east of Third Street, Meridian, Idaho, as described in the Revised Site Plan dated 9-7-99, REVISION SEWER EASEMENT, Project No. 99103, DATE: AUGUST 1999, DRAWN BY: OES, Sheet No. Al, Creelcside Arbour } Apartments Phase Two, Meridian, Idaho, LARRY KNOPP, ARTHITECT, for the development of the aforementioned projects and which property is described hereinbelow to -wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 16 A parcel of land as described in Warranty Deed Instrument No. 9227732 and shown on Record of Survey No. 4621 situated in the NE 1/4 of the NW 1/4 of Section 7, T.3N., R.IE., Boise Meridian, Ada County, Idaho and described as follows: Commencing at a Brass Cap Monument marling the North 1/4 corner of said Section 7, thence along the East line of the NW 1/4 of said Section S 00°34'39" W (S 00°00'00" W) a distance of 673.74 feet to a 5/8" rebar and the POINT OF BEGINNING; Thence continuing along said East line S 00°34'39" W a distance of 218.76 feet to a 5/8" rebar; Thence leaving said East line S 38°43'20" W a distance of 192.36 feet to a point; Thence N 89°29'10" W (S 89°56'20" W) a distance of 570.80 (510.67) feet`to a point; Thence N 00'33'16" E a distance of 351.65 feet to a point; Thence N 88°49'42" E a distance of 239.87 feet to a '/z" rebar; Thence N 00°36'17" E a distance of 590.03 feet to a point from which a 5/8" rebar on the southerly right-of-way of Fairview Avenue bears N 00'36'17" E a distance of 34.06 feet; Thence N 61°04'07" E a distance of 73.66 feet to a point on the centerline of Five Mile Creek and the southerly right-of-way of Fairview Avenue; Thence along the centerline of said Five -Mile Creek the following courses; Thence S 00°44'24" E a distance of 305.75 feet to a point; Thence along the arc of a curve to the left having a radius of 30.00 feet, a central angle of 61°32'59", an arc length of 32.23 feet, and a long chord bearing S 31°32'36" E a distance of 30.70 feet to a point; I FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 17 T Thence S 62°20'.48" E a distance of 322.40 feet to a point; Thence along the arc of a curve to the right having a radius of 60.00 feet, a central angle of 17°5243", an arc length of 18.72, feet, and a long chord bearing S 53°25'31" E a distance of 18.65 feet to a point on said East line of the NW 1/4; Thence leaving Raid centerline and along the said East line S'00°34'39" W a distance of 125.31 feet to the POINT OF BEGINNING. Said parcel contains 7.55 acres more or less and'is subject to all. existing ' easements and rights-of-way of record or implied. 2. The applicant is granted a conditional use permit for and subject to the following terms and conditions: 2.1 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2.2 Run-off is not to create a mosquito breeding problem. - 2.3- Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.4 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 1 2.5 Applicants shall satisfy all City and State codes. 2.6 The appropriate number of fire hydrants will need to be added throughout the complex: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 18 2.7 Vehicles and trailers shall only be parked in designated spaces. No parking is permitted in the 25 foot driveway running through the apartment k ,r E complex. 2.8 The main access driveway and the 25 foot loop drive must be constructed before building is started. 2.9 The main access drive must be connected either to E. 5th Street or to Badley before building is started. 2.10 The applicant shall work with the Fire Department and Building Department to ensure that the number of framed apartment buildings without sheetrock installed for fire stops not be exceeded. 2.11 All apartment buildings containing'more than six (6) apartments shall be 11 provided with'a fire sprinkler system. 2.12 All municipal surface drainage shall be retained on site. 2.13 Dedicate 60 -feet of right-of-way from the centerline of Fairview Avenue 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. 2.14 Provide a paved pedestrian pathway in the alignment of Badley Street extended from its current terminus to the west property line. 2.15 Provide a public roadway from Fairview Avenue to a point between 300 and 460 -feet south of Fairview Avenue. Construct the roadway adjacent to the west property line as one-half of a 37 -foot Street section plus 12 -feet of additional pavement with curb, gutter, and sidewalk on the east side of the road within 42 -feet of right-of-way. Provide a paved temporary turnaround FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 19 I with` an easement for the turnaround provided to the District. Coordinate the length of the roadway with District staff. 2.16 Construct a 5 -foot wide detached sidewalk on Fairview Avenue abutting the site. The sidewalk shall be located two feet within the new right-of-way of Fairview Avenue. Coordinate the elevation and location of the sidewalk with District staff. 2.17 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 2.18 Other than the public road specifically approved with this application, direct -lot -or parcel access to Fairview Avenue is prohibited. 2.19 Applicant should provide evidence to the City in the form of a license agreement or other formal approvals from all jurisdictions involved in the ' oversight of Five Mile Creek for construction within the existing 50 -foot easement. Approval should be required from the Bureau of Reclamation, Corps of Engineers, NMID and Idaho Dept. of Water Resources. 2.20 Applicant shall provide a letter from ACHD approving a public' roadway within -an existing easement. 2.21 Correct elevations need to be submitted and/or clarified. 2.22 The plan shall be revised to show all existing easements including existing sanitary sewer easements. No encroachments into the existing sanitary sewer easements is permitted. 2.23 Sanitary sewer service to this site will be via an extension from the existing main that is adjacent to the proposed development. Applicant will be responsible for construction of the sewer mains to and through this proposed development. Subdivision designer -shall coordinate main 'sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 20 e 2.24 Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicant will be responsible for construction of the water mains to and through this proposed development. Subdivision designer shall coordinate main sizing and routing with the Public Works Department. Applicant shall be required to complete looping of water mains -into existing adjacent developments. 2:25 Detailed signage plans shall be included as part of this application for review and approval. All signage is subject to design review approval. 2.26 A minimum of 150 .parking stalls must be provided on site. 2.27 Underground pressurized irrigation must be provided to all. landscape areas on site. Hoole -up and design details based on the proposed landscaping shall be submitted for approval. 2.28 Non-combustible fencing is required. Details shall be submitted for approval. Staff recommend the -fencing not continue beyond the northerly curve of Five Mile on the north end of the site and the fence be designed considering public safety and aesthetics that match the high quality of the development. 2.29 ' Applicant shall pay fees for water and sewer service which shall be determined during the building plan review process. 2.30 For the number of parking spaces shown, a minimum of seven 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. All applicable Fair Housing and ADA requirements for multi -family housing must be met. 2.31 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted. to FINDINGS'OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 21 P the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2.32 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. 2.33 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. r 2.34 A drainage plan designed by a State of Idaho licensed`architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and .disposed of -on-site. 2.35 Outside lighting shall be designed and placed so as not to direct w illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 2.36 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 or flashing signs will be permitted. 2.37 Applicants shall provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 2.38 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.39 A revised site plan shall 'be provided 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 22 2.40 Applicant shall 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. 2.41 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 2.42 One three-inch (3") caliper tree is required per 1,500 s.f. of asphalt on the site. Calculations showing total asphalt area and required number of trees must, be submitted. Provide detailed landscape plan for review and ,approval. 2.43 Particular attention will need to be paid to lighting plans to ensure adjacent residential properties is not impacted by glare, as determined by the City of Meridian. 2.44 Staff encourage the provision of five-foot pathways to provide for enhanced pedestrian circulation internal to the project, particularly between principal; buildings/uses. 2.45 Applicant shall 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. 2.46 No City water will be allowed for landscape irrigation. 2.47 Five Mile Creek is designated as a 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. A FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 23 C 2.48 Applicant shall assure that there is proper maintenance of any and all private roads within the development to ACHD Safety Standards. 2.49 Applicant shall assure the water quality along Five Mile Creek for runoff and/or drainage. 2.50 All signage shall be submitted for the approval of staff. 2.51 The applicant shall install pressurized irrigation or shall work with the Nampa -Meridian Irrigation District to provide irrigation for landscaping. 2.52 Applicant shall comply with ACHD Site Specific Comment No.2 by providing a paved pedestrian pathway in the alignment of Badly Street extending from its current terminus to the west property line. 3. That the City Attorney draft an Order Granting Conditional Use: Permit. in accordance with this Decision, which shall be signed by the Mayor and City Cleric and then a copy served by the Cleric upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requested notice. 0 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 24 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 being a person who has an interest in 'real :property which may be adversely affected by the issuance or denial of the conditional -use permit may -within twenty-eight (28) days after the date of this 1 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 on the day.of �.Jli'.'YLGLuiv ,�}1 200o_ ROLL CALL COUNCILMAN ANDERSON VOTED COUNCILMAN BENTLEY COUNCILMAN BIRD COUNCILMAN ROUNTREE, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 25 VOTED—? VOTED%_ -7.. VOTED_��`' MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: MOTION: APPROVED: ) DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: tip-- f Dated: City Clerk 1,`;�t�crri fiHHUhtt lrrr rjI msg/Z:\Work\M\Meridian 15360M\Creekside Arbor\CUPFfOsOrdDec � y SEAL 9 r i/ttl/!iill t11{1\41\ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT`SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 26 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF WILLIAM D. LEAVELL AND LUCILE M. LEAVELL, FOR A CONDITIONAL USE PERMIT FOR FOUR MULTI -FAMILY DWELLING FOURPLEXES FOR A TOTAL OF SIXTEEN FOURPLEXES WITH AMENITIES OF SWIMMING POOL AND A CLUBHOUSE ON THE SOUTH SIDE OF FAIRVIEW AVENUE APPROXIMATELY 600 FEET EAST OF THIRD STREET, MERIDIAN, IDAHO CUP -99-008 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the day of x-999, for final action on conditional use permit' application and,the Council having received and#approving the recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant, William D. Leavell and Lucile M. Leavell, husband and wife, owner of the property is granted a conditional use permit for the development and use of four multi -family dwelling fourplexes for a total of sixteen (16) fourplexes with amenities of swimming pool and a clubhouse located on the south side of Fairview Avenue approximately 600 feet east of Third Street, Meridian, Idaho, as described in the Revised Site Plan dated 9-7-99, REVISION SEWER EASEMENT, Project No. 99103, DATE: AUGUST 1999, DRAWN BY: OES, Sheet No. Al, Creekside`ArbourApartments Phase Two, Meridian, Idaho, LARRY KNOPP, ARTHITECT, as conditionally approved by order of the City Council on the 4!'` day of J4_i=kury 4 2©o0, 4999, for the development of the aforementioned projects and which property is described hereinbelow to -wit: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT WILLIAM D.,LEAVELL AND LUCILE M. LEAVELL CREEKSIDE ARBOUR PHASE II . I A parcel of land as described in Warranty Deed Instrument No. 9227732 and shown on Record of Survey No. 4621 situated in the NE 1'/4 of the NW 1/4 of Section 7, T.3N., R.1 E., Boise Meridian, Ada County, Idaho and described as follows: Commencing at a Brass Cap Monument marking the North 1/4 -corner of said Section 7, thence along the,East line of the NW 1/4 of said Section S 00034'39" W (S 00°00'00" W) a distance of 673.74 feet to a 5/8" rebar and the POINT OF BEGINNING; Thence continuing along said East line S 00034'39" W a distance of 218.76 feet to a 5/8" rebar; Thence leaving said East line -S 38043'20" W a distance of 192.36 feet to a point; Thence N 89029'10" W (S 89°56'20" W) a distance of 510.80 (510.67) feet to a point; Thence N 00"33'16" E a distance of 351.65 feet to a point; Thence N 88049'42" E a distance of 239.87 feet to a'/z" rebar; Thence N 00°36'17" E a distance of 590.03 feet to a point from which a 5/8" rebar on the southerly right-of-way of Fairview Avenue bears N 00°36'17" E a distance,of 34.06 feet; Thence N 61 004'07" E a distance of 73.66 feet to a point on the centerline of Five Mile Creek and the southerly right-of-way of Fairview. Avenue; Thence along the centerline of said Five -Mile Creek the following courses; Thence S 00°44'24" E a distance of 305.75 feet to a point; Thence along the arc of a curve to the left having a radius of 30.00 feet, a central angle of 61'32'59", an arc length of 32.23 feet, and a long chord bearing S 31'3236" E a distance of 30.70 feet to a point; Thence S 62°20'48" E a distance of 322.40 feet to a point; Thence along the arc of a curve to the right having a radius of 60.00 feet, a central angle of 17052'43", an arc Length of 18.72 feet, and a long chord bearing S 53025'31" E a distance of 18.65 feet to a point on said East line of the NW 1/4; ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT WILLIAM D. LEAVELL AND LUCILE M. LEAVELL CREEKSIDE ARBOUR PHASE 11 Thence leaving said centerline and along the said East: line S 00034'39" W a distance of 125.31 feet to the POINT OF BEGINNING. i. Said parcel contains 7.55 acres more or less and is subject to all existing easements and'rights-of-way of record or implied. 2. This permit is subject to the following terms and conditions: That the above named applicant is ..granted a -conditional use permit to use ,the property for the development and use of four -multi -family dwelling fourplexes for a. total of sixteen (16) fourplexes with amenities of swimming pool and a clubhouse, subject to the following conditions of use -and development: 2.1 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department, of Health &-Welfare, Division of, Environmental Quality. .2.2` Run-off is not to create a mosquito,breeding problem. 2.3 Stormwater shall be pretreated through a grassy swale prior to discharge to - the subsurface to prevent impact to groundwater and surface water quality. 2.4 The Engineers and architects involved with the design of the subject project, shall obtain,current best management practices for stormwater disposal and, design a stormwater management system that prevents groundwater and surface water degradation. 2.5 Applicants shall satisfy all City and State codes. 2.6 The appropriate number of fire hydrants will need.to be added throughout the complex. 2.7 Vehicles and trailers shall only be parked in designated spaces. No parking is permitted,in the 25 foot driveway running through the apartment complex. 2.8 The main access driveway and the 25 foot loop drive must be constructed t before building is started. 2.9 The main access drive must be connected either to E. 5th Street or to Badley before building is started. ORDER.OF.CONDITIONAL APPROVAL 3 AOFCONDITIONAL USE; PERMIT ' WILLIAM D. LEAVELL'AND LUCILE M. LEAVELL CREEKSIDE ARBOUR"PHASE 11 u 2.1,0 The applicant shall work with the Fire Department and Building Department to ensure that the number of framed apartment buildings without sheetrock installed for fire stops not be exceeded. 2.11 All apartment buildings containing more than six (6) apartments shall, be provided with a fire sprinkler system. 2.12 All municipal surface drainage shall be retained on site. 2.13 Dedicate 60' -feet of right-of-way from the centerline of Fairview Avenue 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. 2.14 Provide a paved pedestrian pathway in the alignment of Badley Street extended from its current terminus to the west property line. 2.15 Provide a public roadway from Fairview Avenue to a point between 300 and .460 -feet south of Fairview Avenue. Construct the roadway adjacent to the west property line as one-half of a 37 -foot Street section plus 12 -feet of additional pavement with curb, gutter, and sidewalk on the east -side of the road within 42 -feet of right -of. -way. Provide a paved temporary turnaround with an easement for the turnaround provided to the District. Coordinate the length of the roadway with District staff. 2.16 v Construct a 5 -foot wide detached sidewalk on Fairview Avenue abutting the site. The sidewalk shall be located two feet within the new right-of-way of Fairview Avenue. Coordinate the elevation and location of the sidewalk with District staff. 2.17 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 2.18 Other than the public road specifically approved with this application, direct lot or parcel access to Fairview Avenue is prohibited. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT WILLIAMID. LEAVELL AND LUCILE M. LEAVELL CREEKSIDE ARBOUR PHASE II '2 4 2.19 Applicant should provide evidence to the City in the form of a license agreement or other formal approvals from all jurisdictions involved in the oversight of Five Mile Creek for construction within the existing 50 -foot easement. Approval should be required from the Bureau of Reclamation, Corps of Engineers, NMID and Idaho Dept. of Water Resources. 2`.20 Applicant shall provide a letter from ACHD approving a public roadway within an existing easement: 2.21 Correct elevations need to be submitted and/or clarified. 2.22 The plan .shall be revised to show all existing easements including existing sanitary sewer easements. No encroachments into the existing sanitary sewer easements is permitted. 2.23 Sanitary sewer service to this site will be via an extension from the existing main that is adjacent to the proposed development. Applicant will be responsible for construction of the sewer mains to and through this proposed development. Subdivision designer shall coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 2.24 Water service to this.site,will be via extensions of existing mains installed in adjacent developments. Applicant will be responsible for construction of the water mains to and through this proposed development. Subdivision designer shall coordinate main sizing and routing with the Public Works Department. Applicant shall be required to complete looping of water mains into existing adjacent developments. 2.25 Detailed signage plans shall be included as part of this application for review and approval. All 'signage is subject to design review approval. 2.26 A minimum of 150 parking stalls must be provided on site. 2.27 Underground pressurized irrigation must be provided to all landscape areas on site. Hook-up and design details based on the proposed landscaping shall be submitted for approval. 2.28 Non-combustible fencing is required. Details shall be submitted for approval. Staff recommend the fencing not continue beyond the northerly curve of Five ORDER OF CONDITIONAL APPROVAL s OF CONDITIONAL USE PERMIT WILLIAM D. LEAVELL AND LUCILE M. LEAVELL CREEKSIDE ARBOUR PHASE II Mile on the north end of the site and the fence be designed considering public safety and aesthetics that match the high quality of the development. 2.29 Applicant" shall pay fees for water and sewer service which shall be determined'during the building plan review process. 2.30 For the number of parking spaces shown, a minimum of seven,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. All applicable Fair Housing and ADA requirements for multi -family housing must be met. 2.31 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2.32 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. 2.33 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.DA 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. 2.34 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site: 2.35 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 1.1-2=14.D.3. 2.36 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 or flashing signs will be permitted. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL�USE PERMIT WILLIAM D. LEAVELL AND LUCILE M. LEAVELL CREEKSIDE ARBOUR PHASE 11 2.37 Applicants shall provide- five -foot -wide sidewalks in ,accordance with City Ordinance Section 11-9-606.B. 2.38 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.39 A revised site plan shall be provided 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. 2.40 Applicant shall 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. 2.41 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 2.42 One three-inch (3") caliper tree is required per 1,500 s.f. of asphalt on the site. Calculations showing total asphalt area and required number of trees must be submitted. Provide detailed landscape plan. -for review and approval. f 2.43 Particular attention will need to be paid to lighting plans to ensure adjacent residential properties is not impacted by glare, as determined by the City of Meridian. { 1; 2.44 Staff encourage the provision of five-foot pathways to provide for enhanced pedestrian circulation internal to the project, particularly between principal buildings/uses. 2.45 Applicant shall 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. 2.46 No City water will be allowed for landscape irrigation. 2.47 Five Mile Creek is designated as a 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 ORDER OF CONDITIONAL APPROVAL 7 OF CONDITIONAL USE PERMIT WILLIAM D. LEAVELL AND LUCILE M. LEAVELL ,CREEKSIDE ARBOUR PHASE 11 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT WILLIAM D. LEAVELL AND LUCILE M. LEAVELL 'CREEKSIDE ARBOUR,PHASE 11 Copy served upon Applicant, the Planning and Zoning Department, Public'Works Department and City Attorney. By: Dated: City Clerk OF 1.4,.4 111!0 msg/ ZAWork\M\Meddian 15360M\Cree6de Arbor=POrder 'BEAL, 11"148$11 U14 I ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT WILLIAM D. LEAVELL AND LUCILE M. LEAVELL 'CREEKSIDE ARBOUR,PHASE 11 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. 2.48 Applicant shall assure that there is proper maintenance of any and all private roads within the development to ACHD Safety Standards. 2.49 Applicant shall assure, the water quality along Five Mile Creek for runoff and/or drainage. 2.50 All signage shall be submitted for the approval of staff. 2.51 The applicant shall install pressurized irrigation or shall work with the Nampa - Meridian Irrigation District to provide irrigation for landscaping. 2.52 Applicant shall comply with ACHD Site Specific Comment No.2 by providing a paved pedestrian pathway in the alignment of Badly Street extending from its current terminus to the west property line. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as"a condition of approval of the application for a conditional use permit. 4. This order shall be automatically amended for the description of said parcel at such time as the approval and recording of the final plat of Creekside Arbour Phase II Subdivision. 5. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of § 11-2-418 J of the Municipal Code of the City of Meridian, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the - day of 44997- 2oro, RW -ERT D. CORRIE Mayor, City of Meridian ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT WILLIAM D. LEAVELL AND LUCILE M. LEAVELL CREEKSIDE ARBOUR PHASE II 8 T E 44 �i q �. c ._ -w _._w_.., � � .r t' _ y �J) risrJ Y + "Y 1 2,1A} 10 546, 0142 N N ra: r4 N i42 ��'xll3i4�+1 1 fY_4ji`� � �; 7 L ,�` 1' i4 hyo t: �t r�Y� Fi IY y ,•Yr 1 IILI Y i'rl l i 1Y,ti' i 0