HomeMy WebLinkAboutSeabury Subdivision CUPTRANSMITTAL 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: January 5, 1999
TRANSMITTAL DATE:_ December 2. 1998 HEARING DATE: January 12, 1999
FILE NUMBER: CUP -98-101
REQUEST: CONDITIONAL USE PERMIT FOR SEABURY SUBDIVISION
BY: WEST PINE DEVELOPMENT
LOCATION OF PROPERTY OR PROJECT: Between W. Pine & W. Broadway W. of
West Fourth Street
_ TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT
MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
MARK NELSON, P/Z
BYRON SMITH, P/Z
_KEITH BORUP, P/Z
_ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
_CHARLIE ROUNTREE, C/C
_KEITH BIRD, C/C
_GLENN BENTLEY, C/C
_WATER DEPARTMENT
_SEWER DEPARTMENT
_BUILDING DEPARTMENT
IRE DEPARTMENT
_POLICE DEPARTMENT
C ITY ATTO R N EY
_CITY ENGINEER
_CITY PLANNER
CITY FILES
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL)
IDAHO TRANSPORTATION DEPARTMENT
ADA COUNTY (ANNEXATION)
YOUR CONCISE REMARKS: /� ` o / J
L C. C o a c 5 L-�', Lt, OJ L o S --/o aLe
HUB •
Mayor
OF TREASURE VALLEY
ROBERT D. CORRIE
A Good Place to Live LEGAL DEPARTMENT
o.n itM.m rc
884-4264
CITY OF MERIDIAN
CHARLES ROUNTREE
PUBLIC WORKS
33 EAST IDAHO BUILDING DEPARTMENT
GLENN BENTLEY
(208) 887-2211
MERIDIAN, IDAHO 83688742
RON ANDERSON
!� T�TT�
Phone (208) 888-4433 •Fax (208) - vE` ' E][)F ANNING AND ZONING
KEITH BIRD
DEPARTMENT
DEC 0 9 1998 (208) 884-5533
Pity of Meridian
f : 7 '.erk Office
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning and Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: January 5, 1999
TRANSMITTAL DATE:_ December 2. 1998 HEARING DATE: January 12, 1999
FILE NUMBER: CUP -98-101
REQUEST: CONDITIONAL USE PERMIT FOR SEABURY SUBDIVISION
BY: WEST PINE DEVELOPMENT
LOCATION OF PROPERTY OR PROJECT: Between W. Pine & W. Broadway W. of
West Fourth Street
_ TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT
MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
MARK NELSON, P/Z
BYRON SMITH, P/Z
_KEITH BORUP, P/Z
_ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
_CHARLIE ROUNTREE, C/C
_KEITH BIRD, C/C
_GLENN BENTLEY, C/C
_WATER DEPARTMENT
_SEWER DEPARTMENT
_BUILDING DEPARTMENT
IRE DEPARTMENT
_POLICE DEPARTMENT
C ITY ATTO R N EY
_CITY ENGINEER
_CITY PLANNER
CITY FILES
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL)
IDAHO TRANSPORTATION DEPARTMENT
ADA COUNTY (ANNEXATION)
YOUR CONCISE REMARKS: /� ` o / J
L C. C o a c 5 L-�', Lt, OJ L o S --/o aLe
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION OF )
WEST PINE DEVELOPMENT, BETWEEN W. )
PINE ST. & W. BROADWAY AVE. EAST OF )
W. FOURTH ST., FOR A CONDITIONAL USE )
PERMIT FOR A SINGLE FAMILY DWELLING,)
1 TRI-PLEX AND 4 FOUR-PLEX UNITS FOR )
SEABURY SUBDIVISION, MERIDIAN, IDAHO )
(CUP -98-101)
FINDINGS OF FACT
CONCLUSIONS OF LAW
AND DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT SUBJECT TO CONDITIONS
This matter coming on regularly for public hearing before the City Council on the 16'h
day of February, 1999, at the hour of 7:30 o'clock p.m., and Becky Bowcutt of Briggs
Engineering, Inc., having appeared and testified in favor of the application, and Les McNolt,
a neighboring property owner, testified about concerns over possible interference with the
delivery of irrigation water through existing ditches, and the City Council having received the
staff report and the record made before the Planning and Zoning Commission, and being
fully advised in the premises, the Council finds and concludes as follows:
FINDINGS OF FACT
A notice of public hearing on the conditional use permit were published for
two (2) consecutive weeks prior to the said public hearing scheduled for February 16,
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WEST PINE DEVELOPMENT / SEABURY SUBDIVISION - 1
of the external boundaries of the property under consideration more than fifteen (15) days
prior to said hearing and with the notice of public hearing having been posted upon the
property under consideration more than one week before said hearing and 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 February 16, 1999, public hearing; and the Applicant, affected property owners,
and government subdivisions providing services within the planning jurisdiction of the City
of Meridian, having been given full opportunity to express comments and submit
evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§67-6509 and 67-6512; 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.
3. The property is approximately 1.4832 acres in size. The property is
generally located between West Pine Street and West Broadway Avenue, east of West
Fourth Street. The legal description of the subject property is as follows:
A parcel of land lying in the SE 1/4 of Section 12, Township 3 North, Range 1
West, Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the northwest corner of the SE 1/4 of Section 12, Township 3
North, Range 1 West, Boise Meridian, thence N 89°4623" E 527.88 feet along the
north line of said SE 1/4 to a point; thence S 00000'00" E 30.00 feet to a point on
the southerly right-of-way line of W. Pine Avenue, the REAL POINT OF
BEGINNING of this description.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WEST PINE DEVELOPMENT / SEABURY SUBDIVISION - 2
Thence N 89°46'23" E 132.00 feet along the southerly right-of-way of W. Pine
Avenue to a point;
Thence S 00°00'00" E 470.26 feet to a point;
Thence S 90°00'00" W 66.00 feet to a point;
Thence S 00°00'00" E 40.00 feet to a point;
Thence S 89°46'20" W 66.00 feet to a point;
Thence N 00°00'00" W 510.00 feet to the REAL POINT OF BEGINNING of this
description.
Said parcel of land contains 1.485 acres, more or less.
4. Owner of record of the subject property is Chester L. Pipkin and Susan M.
Pipkin, husband and wife, of 915 North Cole Road, Boise, Idaho, and James A. Beard
and Lisa M. Beard, husband and wife, of 79 E. Aikens, Eagle, Idaho 83616.
5. The subject property is currently zoned (R-15), Medium High Density
Residential.
6. The Assistant to the City Engineer, Bruce Freckleton, and the Meridian
Planning and Zoning Administrator, Shari Stiles, have submitted comments by and
through a Memorandum dated December 21 ,1998, and Becky Bowcutt of Briggs
Engineering, Inc. responded to those comments by letter dated January 8, 1999. Such
staff report and comments are hereby incorporated herein to -wit.
6.1 Any existing irrigation/drainage ditches crossing the property to be included
in this project, shall be tiled per City Ordinance 11-9-605.M. 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 and that any plan shall not interfere or obstruct
the delivery of water to any down stream water users that have a legal right
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WEST PINE DEVELOPMENT / SEABURY SUBDIVISION - 3
to the same. No variances have been requested for tiling of any ditches
crossing this project.
6.2 Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service per city Ordinance Section
5-7-517. Wells may be used for non-domestic purposes such as landscape
irrigation.
6.3 Determine the normal high groundwater elevation, and submit a profile of
the subsurface soil conditions as prepared by a soil scientist with street
development plans.
6.4 Submit copy of proposed restrictive covenants and/or deed restrictions for
review by the Meridian City Attorney.
6.5 Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-
606.6.
6.6 Submit letter from the Ada County Street Name Committee, approving the
subdivision and street names. Make any corrections necessary to conform.
6.7 Coordinate fire hydrant placement with the City of Meridian's Water Works
Superintendent.
6.8 Indicate on the final plat map any FEMA Flood Plains affecting the area
being platted, and detail plans for reducing or eliminating the boundary.
6.9 Sanitary sewer service to this site will be via an extension of the existing
main adjacent to the west of the proposed development. Applicant will be
responsible to construct the sewer mains to and through this proposed
development. Subdivision designer to coordinate main sizing and routing
with the Public Works Department. Sewer manholes are to be provided to
keep the sewer lines on the south and west sides of centerline.
6.10 Water service to this site will be via an extension of the existing main
adjacent to the west of the proposed development. Applicant will be
responsible to construct the water mains to and through this proposed
development. Subdivision designer to coordinate main sizing and routing
with the Public Works Department.
6.11 Indicate any existing irrigation/drainage ditch easements on the preliminary
plat map.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WEST PINE DEVELOPMENT / SEABURY SUBDIVISION - 4
6.12 One -hundred -fifty -watt, high-pressure sodium streetlights will be required at
locations designated by the Public Works Department. All streetlights shall
be installed at subdivider's expense. Typcial locations are at street
intersections and/or fire hydrants.
6.13 A pressurized irrigation system shall be required within the proposed
development. The Applicant shall indicate whether the pressurized
irrigation system within this development is to be owned and maintained by
the homeowners association or the Nampa & Meridian Irrigation District. If
the system is to be private, plans and specifications shall be reviewed by
the Public Works Department as part of the development plan review
process. A draft copy of the pressurized irrigation system O & M manual
must be submitted prior to plan approval. The City of Meridian requires that
pressurized irrigation systems be supplied by a year round source of water.
If a creek or well source is not available, a single point connection to the
culinary water system shall be required. If a single point connection is
utilized, the developer shall be responsible for the payment of assessments
for the common areas prior to signature on the final plat by the Meridian
City Engineer. As an alternative to this requirement, if possible, the
applicant may provide adequate irrigation water from a shallow well up to
18' in depth and/or pay a well development fee.
6.14 Six -foot -high, permanent perimeter fencing is required to be in place prior to
obtaining building permits unless specifically waived in writing by the City P
& Z Administrator.
6.15 Applicant is proposing that the driveways for the development serve as the
turnaround on this dead-end section of Idaho Street. Coordinate with the
Meridian Fire Department and Ada County Highway District and provide
letters of approval for this configuration.
6.16 Wheel blocks will need to be provided where parking spaces meet (center
parking lots).
6.17 Internal driveway widths are approved as shown. Driveway approaches
shall be as required by ACHD.
6.18 City Ordinance states that uses in the R-15 zone should have direct access
to an arterial or collector and be located adjacent to a park or open space
corridor. A portion of this development has direct access to Pine Street,
and a small area is available for open space within the development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WEST PINE DEVELOPMENT / SEABURY SUBDIVISION - 5
6.19 Provide detailed landscaping plans for approval prior to obtaining building
permit.
6.20 Screened trash enclosures are to be provided within this development.
Coordinate placement with Meridian Sanitary Services, Inc.
6.21 Existing and proposed utilities are not shown on the conditional use permit
site plan.
6.22 Applicant shall provide documentation on one-time split to ensure out -parcel
is a legal lot; otherwise, include the out -parcel as part of the preliminary plat.
6.23 The Meridian City Fire Department requires that all fire codes be met.
6.24 The land use change/site development application shall be filed for review
prior to final platting.
6.25 All laterals and wasteways must be protected.
6.26 All municipal surface drainage must be retained on site.
6.27 If any surface drainage leaves the site, the Nampa & Meridian Irrigation
District must review drainage plans.
6.28 The developer must comply with Idaho Code § 31-3805.
6.29 Irrigation water should be made available to all developments within the
Nampa & Meridian Irrigation District.
6.30 The two existing curb cut driveways on Pine Avenue which are located:
• 10 -feet east of the west property line.
• Abutting the east property line.
are approved with this application. Reconstruct the driveways as 16 to 20 -
foot wide curb return driveways with 15 -foot curb radii.
6.31 Provide a recorded cross access easement for the parcel to the east to use
this parcel for access to the public streets prior to final plat approval.
6.32 Constructed driveways on the future extension of Idaho Avenue as 16 to
20 -foot wide curb cut driveways, located a minimum of 5 -feet from the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WEST PINE DEVELOPMENT / SEABURY SUBDIVISION - 6
property lines. Coordinate the location of the driveways on Idaho Avenue
with District staff.
6.33 Extend Idaho Avenue as a 37 -foot Street section with curbs, gutters, and 5 -
foot wide concrete sidewalks within 50 -feet of right-of-way.
6.34 Provide a paved temporary turnaround at the end of Idaho Avenue with a
temporary easement provided to the District. Coordinate the turnaround
with District staff.
6.35 Construct curb, gutter and 5 -foot wide concrete sidewalk and pavement
widening to one half of a 37 -foot street section on Broadway Avenue
abutting the parcel (approximately 60 -feet) prior to District approval of a final
plat if out parcel abutting Broadway Avenue is required to be part of the
final plat.
6.36 Pave all the driveways their ful width and at least 20 -feet beyond the edge
of pavement of Pine Avenue and Idaho Avenue.
6.37 No driveways are proposed on Broadway Avenue and none are approved
with this application.
6.38 As required by ACHD policy, restrictions on the width, number and
locations of driveways, shall be placed on future development of this parcel.
6.39 Other than the access points specifically approved with this application,
direct lot or parcel access to Pine Avenue is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final plat.
6.40 The Applicant submit evidence of availability of providing pressurized
irrigation for the subject project.
7. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Policy.
8. The use proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
9. The applicant has agreed to pay any additional sewer, water or trash fees
or charges, if any associated with the use.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WEST PINE DEVELOPMENT / SEABURY SUBDIVISION - 7
10. The use 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.
11. This application is subject to the conditions hereinafter provided for which
are herein incorporated by reference as a Finding of Fact which is in compliance with the
Comprehensive Plan, because the design, construction, operation and maintenance will
be harmonious and appropriate in appearance with the existing and intended character of
the general vicinity and the requested conditional use will not change the essential
character of the area.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian Planning and Zoning Commission may exercise all the
powers required and authorized under the "Act" except the power to adopt ordinances by
the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho
Code Section 67-6504 which the City Council of the City of Meridian has established by
the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI,
Chapter I, Municipal Code of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WEST PINE DEVELOPMENT / SEABURY SUBDIVISION - 8
3. As part of a zoning ordinance the City Council can, subject to hearing and
notice provision required, provide for the process of special and/or conditional use permits
which a proposed use is otherwise prohibited by the terms of the ordinance but allowed
with conditions under the specific provisions of the ordinance which the City of Meridian
has done in the adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the
same that the evidential showing supports the finding that the following standards are met
and that the proposed development:
Section 11-2-418, City of Meridian Zoning and Development Ord.):
a. Will, in fact, constitute a conditional use as determined by City policy;
b. Will be harmonious with and in accordance with the Comprehensive
Plan and this Ordinance;
C. Will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or
intended character of the general vicinity and that such use will not
change the essential character of the same area;
d. Will not be hazardous or disturbing to existing or future neighboring
uses;
e. Will be served adequately by essential public facilities and services
such as highways, streets, police and fire protection, drainage
structures, refuse disposal, water, sewer or that the person
responsible for the establishment of proposed conditional use shall
be able to provide adequately any such services;
Will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the
economic welfare of the community;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WEST PINE DEVELOPMENT / SEABURY SUBDIVISION - 9
g. 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;
h. Will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding
public streets; and
Will not result in the destruction, loss or damage of a natural or
scenic feature of major importance.
5. Prior to granting a conditional use permit in a Medium High Density
Residential (R-15), a public hearing shall be conducted with notice to be published and
provided to property owners or purchasers of record within three hundred feet (300') of
the external boundaries of the land under consideration for the conditional use permit all
in accordance with the provisions of Section 11-2-418E City of Meridian Zoning and
Development Ordinance, which provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the Commission
and Council shall follow notice and hearing procedures provided in Section 11-2-
416, Zoning Amendment Procedures, of this Ordinance. Provided, however, that
Conditional Use applications for land in Old Town and in Industrial and
Commercial Districts shall only be required to have one public hearing which shall
be held before the Planning and Zoning Commission and after the
recommendation of the Commission is made the application shall go before the
City Council without a public hearing and the Council may approve, deny, or
modify the recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WEST PINE DEVELOPMENT / SEABURY SUBDIVISION - 10
Council with supportive reasons. The Commission shall recommend that the application
be approved, approved with conditions or denied. The Commission shall ensure that any
approval or approval with conditions of an application shall be in accordance with
Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and
Idaho State law. (Section 11-2-418(f), City of Meridian Zoning and Development
Ordinance.)
7. When the City Council approves a conditional use permit it may impose
conditions of that approval that reasonably:
1. Minimize adverse impact on other development;
2. Control the sequence and timing of development;
3. Control the duration of development;
4. Assure that the development is maintained property;
5. Designate the exact location and nature of the development;
6. Require the provision for on-site public facilities or services; and
7. Require more restrictive standards than those generally required, in
this Ordinance.
8. 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 for the
proposed use, and when it is not in conflict with the plan; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WEST PINE DEVELOPMENT / SEABURY SUBDIVISION - 11
(C) That upon the granting of a special use permit, conditions may be
attached to a special use permit, including, but not limited 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 by
any political subdivision, including school districts, providing
services within the planning jurisdiction.
8. 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".
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:
That Chester L. Pipkin and Susan M. Pipkin, husband and wife, and James
A. Beard and Lisa M. Beard, husband and wife, owners of the property are granted a
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WEST PINE DEVELOPMENT / SEABURY SUBDIVISION - 12
conditional use permit for the development and use of a multi -family development of the
subject property consisting of one (1) existing single-family dwelling, one (1) tri-plex, and
four (4) four-plexes with associated landscaping and parking as described in the
Preliminary Plat as Plat bearing DWG No. 980612, DWG Date: 11/24/98 VKK, PRE
Sheet 1 of 1, \WALSH. JSM, Briggs Engineering, Inc., and dated Nov 25, 1998, as
conditionally approved by order of the City Council on the 161" day of February, 1999, for
the development of the aforementioned projects and which property is described
hereinbelow to -wit:
A parcel of land lying in the SE 1/4 of Section 12, Township 3 North, Range 1 West,
Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the northwest corner of the SE 1/4 of Section 12, Township 3 North,
Range 1 West, Boise Meridian, thence N 89°46'23" E 527.88 feet along the north line
of said SE 1/4 to a point; thence S 00°00'00" E 30.00 feet to a point on the southerly
right-of-way line of W. Pine Avenue, the REAL POINT OF BEGINNING of this
description.
Thence N 89°46'23" E 132.00 feet along the southerly right-of-way of W. Pine
Avenue to a point;
Thence S 00°00'00" E 470.26 feet to a point;
Thence S 90°00'00" W 66.00 feet to a point;
Thence S 00°00'00" E 40.00 feet to a point;
Thence S 89°46'20" W 66.00 feet to a point;
Thence N 00°00'00" W 510.00 feet to the REAL POINT OF BEGINNING of this
description.
Said parcel of land contains 1.485 acres, more or less.
2. This permit is subject to the following terms and conditions:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WEST PINE DEVELOPMENT / SEABURY SUBDIVISION - 13
2.1 Any existing irrigation/drainage ditches crossing the property to be included in
this project, shall be tiled per City Ordinance 11-9-605.M. 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 and that no plan shall interfere or obstruct the delivery of
water to any down stream water users that have a legal right to the same. No
variances have been requested for tiling of any ditches crossing this project.
2.2 Any existing domestic wells and/or septic systems within this project will have
to be removed from their domestic service per city Ordinance Section 5-7-
517. Wells may be used for non-domestic purposes such as landscape
irrigation.
2.3 Determine the normal high groundwater elevation, and submit a profile of the
subsurface soil conditions as prepared by a soil scientist with street
development plans.
2.4 Submit copy of proposed restrictive covenants and/or deed restrictions for
review by the Meridian City Attorney.
2.5 Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-
606.6.
2.6 Coordinate fire hydrant placement with the City of Meridian's Water Works
Superintendent.
2.7 Sanitary sewer service to this site will be via an extension of the existing main
adjacent to the west of the proposed development. Applicant will be
responsible to construct the sewer mains to and through this proposed
development. Subdivision designerto coordinate main sizing and routing with
the Public Works Department. Sewer manholes are to be provided to keep
the sewer lines on the south and west sides of centerline.
2.8 Water service to this site will be via an extension of the existing main adjacent
to the west of the proposed development. Applicant will be responsible to
construct the water mains to and through this proposed development.
Subdivision designer to coordinate main sizing and routing with the Public
Works Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WEST PINE DEVELOPMENT / SEABURY SUBDIVISION - 14
2.9 One -hundred -fifty -watt, high-pressure sodium streetlights will be required at
locations designated by the Public Works Department. All streetlights shall be
installed at subdivider's expense. Typcial locations are at street intersections
and/or fire hydrants.
2.10 A pressurized irrigation system shall be required within the proposed
development. The Applicant shall indicate whether the pressurized irrigation
system within this development is to be owned and maintained by the
homeowners association or the Nampa & Meridian Irrigation District. If the
system is to be private, plans and specifications shall be reviewed by the
Public Works Department as part of the development plan review process. A
draft copy of the pressurized irrigation system O & M manual must be
submitted prior to plan approval. The City of Meridian requires that
pressurized irrigation systems be supplied by a year round source of water.
If a creek or well source is not available, a single point connection to the
culinary water system shall be required. If a single point connection is
utilized, the developer shall be responsible for the payment of assessments
for the common areas prior to signature on the final plat by the Meridian City
Engineer. As an alternative to this requirement, if possible, the applicant may
provide adequate irrigation water from a shallow well up to 18' in depth and/or
pay a well development fee.
2.11 Six -foot -high, permanent perimeter fencing is required to be in place prior to
obtaining building permits unless specifically waived in writing by the City P &
Z Administrator.
2.12 Applicant is proposing that the driveways for the development serve as the
turnaround on this dead-end section of Idaho Street. Coordinate with the
Meridian Fire Department and Ada County Highway District and provide
letters of approval for this configuration.
2.13 Wheel blocks will need to be provided where parking spaces meet (center
parking lots).
2.14 Internal driveway widths are approved as shown. Driveway approaches shall
be as required by ACRD.
2.15 City Ordinance states that uses in the R-15 zone should have direct access to
an arterial or collector and be located adjacent to a park or open space
corridor. A portion of this development has direct access to Pine Street, and
a small area is available for open space within the development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WEST PINE DEVELOPMENT / SEABURY SUBDIVISION - 15
2.16 Provide detailed landscaping plans for approval prior to obtaining building
permit.
2.17 Screened trash enclosures are to be provided within this development.
Coordinate placement with Meridian Sanitary Services, Inc.
2.18 Existing and proposed utilities are not shown on the conditional use permit
site plan.
2.19 Applicant shall provide documentation on one-time split to ensure out -parcel
is a legal lot; otherwise, include the out -parcel as part of the preliminary plat.
2.20 The Meridian City Fire Department requires that all fire codes be met.
2.21 The land use change/site development application shall be filed for review
prior to final platting.
2.22 All laterals and wasteways must be protected.
2.23 All municipal surface drainage must be retained on site.
2.24 If any surface drainage leaves the site, the Nampa & Meridian Irrigation
District must review drainage plans.
2.25 The developer must comply with Idaho Code § 31-3805.
2.26 Irrigation water should be made available to all developments within the
Nampa & Meridian Irrigation District.
2.27 The two existing curb cut driveways on Pine Avenue which are located:
• 10 -feet east of the west property line.
• Abutting the east property line.
are approved with this application. Reconstruct the driveways as 16 to 20 -
foot wide curb return driveways with 15 -foot curb radii.
2.28 Provide a recorded cross access easement for the parcel to the east to use
this parcel for access to the public streets prior to final plat approval.
2.29 Constructed driveways on the future extension of Idaho Avenue as 16 to 20 -
foot wide curb cut driveways, located a minimum of 5 -feet from the property
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WEST PINE DEVELOPMENT / SEABURY SUBDIVISION - 16
lines. Coordinate the location of the driveways on Idaho Avenue with District
staff.
2.30 Extend Idaho Avenue as a 37 -foot Street section with curbs, gutters, and 5 -
foot wide concrete sidewalks within 50 -feet of right-of-way.
2.31 Provide a paved temporary turnaround at the end of Idaho Avenue with a
temporary easement provided to the District. Coordinate the turnaround with
District staff.
2.32 Construct curb, gutter and 5 -foot wide concrete sidewalk and pavement
widening to one half of a 37 -foot street section on Broadway Avenue abutting
the parcel (approximately 60 -feet) prior to District approval of a final plat if out
parcel abutting Broadway Avenue is required to be part of the final plat.
2.33 Pave all the driveways their ful width and at least 20 -feet beyond the edge of
pavement of Pine Avenue and Idaho Avenue.
2.34 No driveways are proposed on Broadway Avenue and none are approved
with this application.
2.35 As required by District policy, restrictions on the width, number and locations
of driveways, shall be placed on future development of this parcel.
2.36 Other than the access points specifically approved with this application, direct
lot or parcel access to Pine Avenue is prohibited. Lot access restrictions, as
required with this application, shall be stated on the final plat.
3. 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 Seabury Subdivision.
4. 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 Clerk and then
a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the
Public Works Department and any affected party requested notice.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WEST PINE DEVELOPMENT / SEABURY SUBDIVISION - 17
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
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 February 16, 1998.
ROLL CALL
COUNCILMAN ANDERSON VOTED
COUNCILMAN BENTLEY VOTED
COUNCILMAN BIRD VOTED(
COUNCILMAN ROUNTREE VOTED
MAYOR ft4. CORRIE (TIE BREAKER) VOTED
DATED: _.._
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WEST PINE DEVELOPMENT / SEABURY SUBDIVISION - 18
MOTION:
APPROVED:I�P7—
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department and the Public
Works Department.
By: 3 Dated:
City Clerk
msg\ZAWork\M\Meridian 15360M\Seabury Subdivision\CUP.FCS.wpd
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
WEST PINE DEVELOPMENT / SEABURY SUBDIVISION - 19
��;�tt�tillifr++t,f`,r
�, � Of f�
SEAL
00
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION OF )
WEST PINE DEVELOPMENT, BETWEEN W.)
PINE ST. & W. BROADWAY AVE. EAST OF )
W. FOURTH ST., FOR A CONDITIONAL USE)
PERMIT FOR A SINGLE FAMILY DWELLING,)
1 TRI-PLEX AND 4 FOUR-PLEX UNITS FOR )
SEABURY SUBDIVISION, MERIDIAN, IDAHO)
(CUP -98-101)
ORDER OF CONDITIONAL
APPROVAL OF
CONDITIONAL USE PERMIT
This matter coming before the City Council on the 16th day of February, 1999, 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:
That Chester L. Pipkin and Susan M. Pipkin, husband and wife, and James A.
Beard and Lisa M. Beard, husband and wife, owners of the property are granted
a conditional use permit for the development and use of a multi -family
development of the subject property consisting of one (1) existing single-family
dwelling, one (1) tri-plex, and four (4) four-plexes with associated landscaping
and parking as described in the Preliminary Plat as Plat bearing DWG No.
980612, DWG Date: 11/24/98 VKK, PRE Sheet 1 of 1, \WALSH. JSM, Briggs
Engineering, Inc., and dated Nov 25, 1998, as conditionally approved by order of
the City Council on the 16th day of February, 1999, for the development of the
aforementioned projects and which property is described hereinbelow to -wit:
A parcel of land lying in the SE 1/4 of Section 12, Township 3 North, Range 1
West, Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the northwest corner of the SE 1/4 of Section 12, Township 3
North, Range 1 West, Boise Meridian, thence N 89046'23" E 527.88 feet along the
north line of said SE 1/4 to a point; thence S 00°00'00" E 30.00 feet to a point on
the southerly right-of-way line of W. Pine Avenue, the REAL POINT OF
BEGINNING of this description.
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
WEST PINE DEVELOPMENT / SEABURY SUBDIVISION - 1
Thence N 89°46'23" E 132.00 feet along the southerly right-of-way of W. Pine
Avenue to a point;
Thence S 00°00'00" E 470.26 feet to a point;
Thence S 90000'00" W 66.00 feet to a point;
Thence S 00000'00" E 40.00 feet to a point;
Thence S 89046'20" W 66.00 feet to a point;
Thence N 00000'00" W 510.00 feet to the REAL POINT OF BEGINNING of this
description.
Said parcel of land contains 1.485 acres, more or less.
2 This permit is subject to the following terms and conditions:
2.1 Any existing irrigation/drainage ditches crossing the property to be included
in this project, shall be tiled per City Ordinance 11-9-605.M. 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 and that no plan shall interfere or obstruct the
delivery of water to any down stream water users that have a legal right to
the same. No variances have been requested for tiling of any ditches
crossing this project.
2.2 Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service per city Ordinance Section
5-7-517. Wells may be used for non-domestic purposes such as landscape
irrigation.
2.3 Determine the normal high groundwater elevation, and submit a profile of
the subsurface soil conditions as prepared by a soil scientist with street
development plans.
2.4 Submit copy of proposed restrictive covenants and/or deed restrictions for
review by the Meridian City Attorney.
2.5 Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-
606.B.
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
WEST PINE DEVELOPMENT / SEABURY SUBDIVISION - 2
2.6 Coordinate fire hydrant placement with the City of Meridian's Water Works
Superintendent.
2.7 Sanitary sewer service to this site will be via an extension of the existing
main adjacent to the west of the proposed development. Applicant will be
responsible to construct the sewer mains to and through this proposed
development. Subdivision designer to coordinate main sizing and routing
with the Public Works Department. Sewer manholes are to be provided to
keep the sewer lines on the south and west sides of centerline.
2.8 Water service to this site will be via an extension of the existing main
adjacent to the west of the proposed development. Applicant will be
responsible to construct the water mains to and through this proposed
development. Subdivision designer to coordinate main sizing and routing
with the Public Works Department.
2.9 One -hundred -fifty -watt, high-pressure sodium streetlights will be required at
locations designated by the Public Works Department. All streetlights shall
be installed at subdivider's expense. Typical locations are at street
intersections and/or fire hydrants.
2.10 A pressurized irrigation system shall be required within the proposed
development. The Applicant shall indicate whether the pressurized
irrigation system within this development is to be owned and maintained by
the homeowners association or the Nampa & Meridian Irrigation District. If
the system is to be private, plans and specifications shall be reviewed by
the Public Works Department as part of the development plan review
process. A draft copy of the pressurized irrigation system O & M manual
must be submitted prior to plan approval. The City of Meridian requires that
pressurized irrigation systems be supplied by a year round source of water.
If a creek or well source is not available, a single point connection to the
culinary water system shall be required. If a single point connection is
utilized, the developer shall be responsible for the payment of assessments
for the common areas prior to signature on the final plat by the Meridian City
Engineer. As an alternative to this requirement, if possible, the applicant
may provide adequate irrigation water from a shallow well up to 18' in depth
and/or pay a well development fee.
2.11 Six -foot -high, permanent perimeter fencing is required to be in place prior to
obtaining building permits unless specifically waived in writing by the City P
& Z Administrator.
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
WEST PINE DEVELOPMENT / SEABURY SUBDIVISION - 3
2.12 Applicant is proposing that the driveways for the development serve as the
turnaround on this dead-end section of Idaho Street. Coordinate with the
Meridian Fire Department and Ada County Highway District and provide
letters of approval for this configuration.
2.13 Wheel blocks will need to be provided where parking spaces meet (center
parking lots).
2.14 Internal driveway widths are approved as shown. Driveway approaches
shall be as required by ACRD.
2.15 City Ordinance states that uses in the R-15 zone should have direct access
to an arterial or collector and be located adjacent to a park or open space
corridor. A portion of this development has direct access to Pine Street, and
a small area is available for open space within the development.
2.16 Provide detailed landscaping plans for approval prior to obtaining building
permit.
2.17 Screened trash enclosures are to be provided within this development.
Coordinate placement with Meridian Sanitary Services, Inc.
2.18 Existing and proposed utilities are not shown on the conditional use permit
site plan.
2.19 Applicant shall provide documentation on one-time split to ensure out -parcel
is a legal lot; otherwise, include the out -parcel as part of the preliminary plat.
2.20 The Meridian City Fire Department requires that all fire codes be met.
2.21 The land use change/site development application shall be filed for review
prior to final platting.
2.22 All laterals and wasteways must be protected.
2.23 All municipal surface drainage must be retained on site.
2.24 If any surface drainage leaves the site, the Nampa & Meridian Irrigation
District must review drainage plans.
2.25 The developer must comply with Idaho Code § 31-3805.
ORDER OF CONDITIONAL APPROVAL 4
OF CONDITIONAL USE PERMIT
WEST PINE DEVELOPMENT / SEABURY SUBDIVISION - 4
2.26 Irrigation water should be made available to all developments within the
Nampa & Meridian Irrigation District.
2.27 The two existing curb cut driveways on Pine Avenue which are located:
• 10 -feet east of the west property line.
• Abutting the east property line.
are approved with this application. Reconstruct the driveways as 16 to 20 -
foot wide curb return driveways with 15 -foot curb radii.
2.28 Provide a recorded cross access easement for the parcel to the east to use
this parcel for access to the public streets prior to final plat approval.
2.29 Constructed driveways on the future extension of Idaho Avenue as 16 to 20 -
foot wide curb cut driveways, located a minimum of 5 -feet from the property
lines. Coordinate the location of the driveways on Idaho Avenue with
District staff.
2.30 Extend Idaho Avenue as a 37 -foot Street section with curbs, gutters, and 5 -
foot wide concrete sidewalks within 50 -feet of right-of-way.
2.31 Provide a paved temporary turnaround at the end of Idaho Avenue with a
temporary easement provided to the District. Coordinate the turnaround
with District staff.
2.32 Construct curb, gutter and 5 -foot wide concrete sidewalk and pavement
widening to one half of a 37 -foot street section on Broadway Avenue
abutting the parcel (approximately 60 -feet) prior to District approval of a final
plat if out parcel abutting Broadway Avenue is required to be part of the final
plat.
2.33 Pave all the driveways their ful width and at least 20 -feet beyond the edge
of pavement of Pine Avenue and Idaho Avenue.
2.34 No driveways are proposed on Broadway Avenue and none are approved
with this application.
2.35 As required by District policy, restrictions on the width, number and locations
of driveways, shall be placed on future development of this parcel.
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
WEST PINE DEVELOPMENT / SEABURY SUBDIVISION 5
2.36 Other than the access points specifically approved with this application,
direct lot or parcel access to Pine Avenue is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final plat.
3. 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 Seabury Subdivision.
4. 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.
1999.
By action of the City Council at its regular meeting held on Ma- cA- 2ND
is
RT D. CORRIE—
r, City of Meridian
Copy served upon Applicant, the Planning and Zoning Department and the Public Works
Department.
i
Dated: 2� Z ��
lerk
msg\ZAWork\M\Meridian 15360M\Seabury Subdivision\Ordermpd
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
WEST PINE DEVELOPMENT / SEABURY SUBDIVISION - 6
HUB 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
CERTIFICATE OF SERVICE
LEGAL DEPARTMENT
(208)884-4264
PUBLIC WORKS
BUILDING DEPARTMENT
(208)887-2211
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533
I, the undersigned, do hereby certify that a true and correct copy of FINDINGS
OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROVAL OF CONDITIONAL USE PERMIT was mailed to:
WEST PINE DEVELOPMENT
11321 W. HICKORY BARK DRIVE
BOISE, IDAHO 83713
properly enclosed in an envelope, with postage prepaid, on this 30th day of March,
1999.
Copy: Shari Stiles, Planning and Zoning
Gary Smith, Public Works
WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
ATTORNEYS AT LAW
JUSTIN P. AYLSWORTH
JULIE KLEIN FISCHER
WM. F. GIGRAY, III
D. SAMUEL JOHNSON
WILLIAM A. MORROW
CHRISTOPHER S. NYE
PHILIP A. PETERSON
STEPHEN L. PRUSS
ERIC S. ROSSMAN
TODD A. RossMAN
R. STEPHEN RUTHERFORD
TERRENCE R. WHITE
William G. Berg, Jr.
Meridian City Hall
33 E. Idaho Street
Meridian, Idaho 83642
200 EAST CARLTON AVENUE, SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680-1150
TEL (208) 288.2499
FAX (208) 288-2501
Email via Intemet @ wfg@wppmg.com
wppmg.com
March 15, 1999
RE: 3-2-99 CITY COUNCIL AGENDA ITEM #4:
CUP -98-101 - SEABURY SUBDIVISION CUP
Dear Will:
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653-0247
TEL (208) 466.9272
FAX (208) 466-4405
PLEASE REPLY TO
MERIDIAN OFFICE
]RFcF,1vED
MAR 1 ' 1999
CITY OF MERIDIAN
Enclosure: Original revised FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT
TO CONDITIONS, and a revised ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT.
Information: I have prepared these enclosures as a result of the City Council's
action on the 2nd of March. These documents include the appropriate revisions to the following
sections: Findings of Fact: 6.17, 6.35, Conclusions of Law No. 5, Order of granting conditional
use sections: 2.14 and 2.32, and then the same sections have been changed on the Order of
Conditional Approval.
Requested Action: Please submit these documents for signature and then route
them in accordance with our request in my letter to you on this matter dated the 15` of March.
Very truly
,,-7 C
m. F. Gigray, III
Enc.
msg\Z:\worlc\NI\Meridian 15360M\Seabury Subdivision\Cleric RevisionLtr03O599.wpd
Meridian City Council
March 2, 1999
Page 6
of annexation is in effect and published, my recommendation would be that it would be
proper for you to consider action on this matter.
Corrie: Mr. Clerk can you affirm that?
Berg: Mr. Mayor and members of the Council, the annexation ordinance is recorded by
Ada County and it will be published tomorrow in the newspaper so it has not yet been
published.
Bird: Mr. Mayor we got a memorandum from Mr. GiRray stating that exact same thing,
and this is going to have to be tabled until March 16t meeting. Am I not true?
Gigray: That's correct.
Corrie: I'll entertain a motion Mr. Bird on the table.
Bird: Mr. Mayor I move that we table the conditional use permit for Midvalley Business
Park until 3/16/99.
Rountree: Second.
Corrie: Motion made by Mr. Bird second by Mr. Rountree to table item number three
until the March 16, 1999 meeting. Any further discussion? Hearing none, all those in
favor of the motion say aye.
MOTION CARRIED: ALL AYES.
4. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
CONDITIONAL USE PERMIT FOR A SINGLE FAMILY DWELLING, 1 TRI-
PLEX, AND 4 FOUR-PLEX UNITS FOR PROPOSED SEABURY SUBDIVISION
BY WEST PINE DEVELOPMENT — BETWEEN W. PINE ST & W. BROADWAY
AVE, EAST OF W. FOURTH ST:
Corrie: Mr. Gigray?
Gigray: Mr. Mayor and members of the Council, you have before you a draft findings on
this particular matter. I would advise the Council upon review that we would
recommend a change. One of the issues as you remember had to do with the width of
the driveways. I had originally drafted this and I'm looking at 6.17 of the findings on
page 5. It talks about driveway widths and I see we neglected to delete as required by
ordinance because I remember there was a discussion about the ordinance so what we
would propose I think you could go ahead and move on this if you choose to that we
would if you make this motion change that language to internal driveway widths are
approved as shown. Driveway approaches shall be as required by Ada County
Highway District which will accommodate the proposal that was submitted which I
believe provided for 23 foot widths for those driveways as the testimony was in there,
but we would change the language of that section. That section reappears in the
conditions of the order and then section 6.35 at page 7 we would propose an additional
language in that finding to comply with the plat approval here that would just add what's
Meridian City Council
March 2, 1999
Page 7
already there the language if out parcel abutting Broadway Avenue is required to be
part of the final plat, so that would further qualify that condition and I have had an
opportunity to have that reviewed and I think that this language will make those
provisions just a little bit clearer in conditions as follow up and we would recommend
those conditions as they're shown and the Decision and Order we would make the
same changes if you choose to follow that advice.
Corrie: All right thank you. Staff any further comments on this item?
Stiles: Mr. Mayor and Council, I would just add on page 10 of the findings to change the
– on paragraph five that this is an R-15 zone.
Gigray: That's correct.
Corrie: Anything further? Any further discussion on item four? I'll entertain a motion to
approve Findings of Fact and Conclusions of Law with the change of language as
prepared by the attorney and Planning and Zoning Administrator.
Bentley: Mr. Mayor, I move that we approve the Findings of Fact and Conclusions of
Law and request for conditional use permit for Seabury Subdivision with the changes
made by Planning and Zoning Director and City Attorney.
Anderson: Second.
Corrie: Motion is made by Mr. Bentley second by Mr. Anderson to approve the Findings
of Fact and Conclusions of Law as changed language. Any further discussion? Hearing
none, roll call vote.
ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE,
YEA.
MOTION CARRIED: ALL YEAS.
5. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
ANNEXATION & ZONING OF 21.54 ACRES FOR PROPOSED THOUSAND
SPRINGS VILLAGE BY MARTIN DEVELOPMENT INC.—NORTH OF E.
VICTORY ROAD, WEST OF S. EAGLE ROAD:
Corrie: Mr. Gigray.
Gigray: Mr. Mayor and members of the Council, as a result of the action taken by the
City Council at the last meeting, we've prepared these Findings for your consideration.
This is the annexation request that consists of two parcels and there are also
accompanying plat applications with this. But this is simply on the annexation and
zoning request. As you will see these Findings also include the Comprehensive Plan
analysis in addition to the requirements and conditions of annexation. Of course if you
take this action we will have to follow it up with a development agreement and
MERIDIAN CITY COUNCIL MEETING: MARCH 2, 1999
APPLICANT: WEST PINE DEVELOPMENT AGENDA ITEM NUMBER: 4
REQUEST: CONDITIONAL USE PERMIT FOR SEABURY SUBDIVISION
AGENCY COMMENTS
CITY CLERK: SEE ATTACHED MINUTES FROM 2/16/99
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 FINDINGS AAD OI A)t�C
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
MERIDIAN CITY COUNCIL
FEBRUARY 16, 1999
PAGE 13
Gigray: Mr. Mayor and Councilman Rountree, are you talking about under penalties at
Rountree: It's page 5, paragraph B under maintaining a public nuisance alarm.
Paragraph B talks about the city impose a penalty fee, not a fine, a fee.
Gigray: Councilman Rountree, Mayor Corrie in response to your question that is
permissive language may and if the city were going to impose such a fee we would
come forward with a proposal for the imposition of a fee under a separate resolution.
Rountree: So that needs a resolution.
Gigray: Yes, it does. Yeah we'd do a separate resolution and then you would advertise
it just like you would regulatory fees. Now that wouldn't affect court fines though.
Corrie: Any further discussion?
Rountree: I have none.
ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD,
YEA.
MOTION CARRIED: All ayes.
7. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A
SINGLE FAMILY DWELLING, 1 TRI-PLEX, AND 4 FOUR-PLEX UNITS FOR
PROPOSED SEABURY SUBDIVISION BY WEST PINE DEVELOPMENT —
BETWEEN W. PINE ST & W. BROADWAY AVE, EAST OF W. FOURTH ST:
Corrie: At this time I will open the public hearing and invite comments from staff first.
Stiles: Mr. Mayor and Council this is an infill project in an R-15 zone. Our comments
are dated December 21St, 1998 and we have received a response from the applicant.
We still need the documentation for the one time split. One other issue that has not
been yet resolved that I'm sure the applicant's representative will address is the
pressurized irrigation issue and what they need to do to either provide the irrigation or
get some kind of a waiver from the Council.
Corrie: Any other staff comments right now?
BECKY BOWCUTT BRIGGS ENGINEERING 1800 W. OVERLAND, BOISE.
MERIDIAN CITY COUNCIL
FEBRUARY 16, 1999
PAGE 14
Bowcutt: I'm representing the applicant in this matter. I'd like my testimony on item 7 to
also be incorporated into the record for item 8, which is the preliminary plat. As Shari
indicated this property is currently zoned R-15. It's occupied with one single family
dwelling here on what we show as lot 2. It abuts Pine and Broadway and then Idaho
Avenue dead ends into the property. What we're proposing is to extend Idaho Avenue
across to our perimeter right here. We'll be building a 37 foot section with curb, gutter
and five foot sidewalks both sides. In our discussions with Ada County Highway District
we have these driveways as you can see in perfect alignment and they have asked us
to provide an easement in both directions and so this will suffice as a T -turnaround. In
fact there is more distance or length there in the T than is required. I'll also provide your
fire department with a copy of that easement so they can review to make sure it's
acceptable. That would be eliminated as far as the easement. It could be relinquished
in the future when Idaho is connected on to the adjoining properties and finally makes
its connection. We're proposing four 4-plexes, one 3-plex, a total of six lots. We do
have a portion of property here that is on Broadway as Shari indicated we requested a
one time split of that parcel. The title company for the applicant did review the history of
the parcel and determined that it was eligible for the split based on the requirements
under the ordinance. I told Shari I'll get here a packet with that information prior to
bringing the final plat in. I believe we do have a condition that states that if that
documentation is not provided that lot must be included as part of the preliminary plat
and shown as a platted lot. Sewer and water exists in the street here. We'll have to
extend it here. It's very, very shallow, but based on our preliminary investigations the
sewer will be able to accommodate these buildings. We did do test hole on the
property. The ground water level is at six and a half feet. It's infill out in this vicinity
you've got mixed uses. There's apartments, there's 4-plexes, there's single family
dwellings. What we're proposing is in compliance with the ordinance. The existing zone
on the property. We've done the best we can in trying to lay the project out based on
the limitations of the narrowness of the parcels. We did have one problem that I did
bring to staff's attention early on and that was trying to get this distance here for the
driveway aisles. What we ended up doing was a 23 foot aisle whereas your ordinance
does specify a 25 foot aisle width. All of ours have 23. The reason being is we did not
want to compromise the parking stalls which are 9 by 19 which is in compliance with
your ordinance, and staff felt that it was most important that we provide a four foot
landscape (End of Tape)
Bowcutt: ... each end to buffer the parking area from the adjoining properties so
therefore the only area that we felt comfortable with compromising was on that aisle
area. With 23 feet we still have adequate backing room. A lot of the parking lots
throughout the whole valley you'll see there may be 21, 22, 23, 24. Twenty five is pretty
large. We feel that this will accommodate the limited number of vehicles. The project is
quite small and staff did concur. We should buffer the adjoining properties. Staff also
asked us to contact your garbage service, coordinate with them on whether they want
individual can pick up or a central location. If a central location is chosen, then we'll
MERIDIAN CITY COUNCIL
FEBRUARY 16, 1999
PAGE 15
have to screen that. I believe we were in agreement with all of staff's conditions. One
item did come to light right before the Planning and Zoning Commission and that is the
fact that we have some doubts about the ability to provide irrigation, gravity irrigation
water to a pressurized system. In talking with one of the property owners who's
developing the parcel just on the other side of this parcel here, they received a letter
from Nampa Meridian Irrigation District dated February 2nd on a project called Meridian
Acres which I believe just went before your Planning and Zoning Commission. The
letter basically states that the district cannot assure a constant head of water because
of the upstream water users and water does flow to the site from time to time and the
information that we received is the ditches because it's an infill area some of the ditches
are older. They're not kept. There's culverts. They start getting compressed under
driveways and so forth. Some people fill in their ditches. There a little bit of water out
there last summer according to my client not much in the ditch. So one of the questions
I want to bring up is if Nampa Meridian Irrigation District cannot provide us with an
adequate source of water, I would like the ability to have some type of alternative. I
spoke with Gary before the hearing. One of Gary's comments was exploring possibly a
shallow well concept. Our other alternative would be obviously to hook on to the
domestic water. One thing you don't want to do is ask these people to spend 15 or
$20,000 and then have a system that will not function because we don't have an
adequate source of water and then we have to turn around and hook on to domestic our
secondary source anyway. If they're going to spend the money, the money should be
spent in paying the necessary fees for that domestic water on that equivalent residential
unit per acre basis. So I guess I'd like some ability or some flexibility is what I'm saying
if we cannot make a pressurized system work in this area. This is not uncommon for
infill areas. Other cities we have a lot of problem with infill areas. We just don't have
the big laterals and the canals to source from. We're sourcing from little individual
ditches that run through many, many property owners. Do you have any questions?
Anderson: I have one. On that irrigation you talked about the lot developing over to the
east of it, is there a possibility that something could be worked out with developer on
some type of a pressurized irrigation system?
Bowcutt: Yes, sir. That would be possible if we can source enough water. The letter
was written for their project that they didn't feel there was an adequate source or at
least that's what it implied. If we can get an adequate source, I recommended to the
other developer and my developer that they do a joint system because the cost long
term maintenance cost and just the installation costs would be 50% less so if at all
possible that's the preferred route, but we don't want to do a system that does not have
constant water source because if you can't get a source of water what are they going to
want to do? They're going to want to flip the switch and go to the domestic or their
second source. They're not going fiddle with it if it wont' work most of the time. I guess
that's my main concern.
MERIDIAN CITY COUNCIL
FEBRUARY 16, 1999
PAGE 16
Anderson: Did Gary indicate to you how much water you can get out of the — just a low
Bowcutt: Just a shallow well? Gary thinks that we should explore that idea. We'd have
to obviously get a permit from Department of Water Resources to dig that well, but it is
an option if the ground water is at 6 Y2 feet, then that may be the only viable option other
than connection to domestic and I've known that in the past that has not been the
preferred (inaudible). I did want to show you the buildings that they are constructing. I
don't have colored renderings, but I do have these black and whites. As you can see all
the buildings will be very, very — they'll be the same type of building, maybe just a little
bit of variation. These are probably some of the best 4-plex plans that I've even seen.
These have been built out of state and they purchased the right to construct them here.
As you can see they've got offset fascias, a lot of variation in the roof line so they're not
a great big square box like you've seen built in many of the 4-plex projects. That gives
them some character, also brings the bulk of the structure down so I do (inaudible) in
that area that this will be a benefit to the area and add some character.
Corrie: Any questions from Council at this time? All right thank you Becky.
Bowcutt: Thank you.
Corrie: Is there anyone else from the public who would like to issue testimony in favor
of the project? Anyone not in favor of the project for testimony? Okay, Council
questions, staff questions?
Bentley: I have a question for Gary. Is the sewering of this project going to be okay?
Smith: Mayor and Councilman Bentley Council, as Becky mentioned the elevation of
the sewer out there is awfully shallow. And it will have to the grades of the sewer will
have to conform to the Uniform Plumbing Code, if they're less than 8 inches in diameter
on to the sites. Their preliminary profiles show that it would work. It's going to be
shallow.
Bentley: Okay thank you.
Corrie: Becky one of the questions that came to mind is the property owners the holder
of this conditional use permit.
Rountree: Say you got an affirmative.
Corrie: Yeah, she shook her head yes so it's affirmative. Any other questions from
Council. I don't know do we need a variance on this 25 foot against the 23 foot width of
the driveway. Mr. Gigray?
MERIDIAN CITY COUNCIL
FEBRUARY 16, 1999
PAGE 17
Gigray: Mr. Mayor and members of the Council I think that question might be better
asked of the City Engineer or the Planning and Zoning Administrator if it's not where it's
a development request that's beneath minimum standard then I would imagine under
the code it would require a variance, but I don't in this instance whether it does or not.
Stiles: Mr. Mayor and Council I would recommend since this is part of a conditional use
permit that that could be approved as part of the conditional use permit. I'd hate to go
through a variance for two feet.
Corrie: That's your call. Thank you. Questions comments? If not I'll entertain a motion
to close the public hearing.
Bentley: Mr. Mayor I move we close the public hearing.
Bird: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Bird to close the public hearing on
item number seven. Any further discussion?
Rountree: No discussion on the motion, excuse me.
Corrie: All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
Rountree: Mr. Mayor I just wanted to reaffirm that well development fees are still
something that we have in our ordinance.
Smith: Yes, sir, they still exist.
Rountree: Okay.
Smith: I might also mention Mr. Mayor and Council that it's my understanding from the
Idaho Department of Water Resources they can dig a hole up to 18 feet deep and it's
still not considered a well. I need to clarify that, but that would get them down below 12
feet below what Becky reported as the ground water level out there. Thank you.
Corrie: Any further discussion on item number seven request for conditional use
permit? Hearing none, I'll entertain a motion on the conditional use permit.
(Inaudible — off the microphone)
Corrie: Yes, sir it is.
MERIDIAN CITY COUNCIL
FEBRUARY 16, 1999
PAGE 18
(Inaudible)
Corrie: Well we've closed the hearing unless the Council wants to reopen it. We have
the plat yet. You can make a comment there. I suppose it won't make any difference if
you do it now or on the preliminary as far as you think?
(Inaudible)
Corrie: Okay we do that on the plat then. It's a public hearing so you can make your
comment at that point.
(Inaudible)
Corrie: That's next item.
Rountree: Mr. Mayor just a point of clarification do we need a finding?
Corrie: Yes along with your order of approval of decision to go with that and the
findings.
Rountree: Mr. Mayor I move that we have the City Attorney prepare Findings of Fact
and Conclusions of Law along with Order of Decision on the request for conditional use
permit single family dwellings Seabury Subdivision to include conditions of staff,
Planning and Zoning Commission, preference that the applicant provide pressurized
irrigation primary source. In the event that's not possible that they investigate a shallow
well as a source of pressurized irrigation. If that's not possible they investigate with the
city the possibility of well development fees.
Bird: Second.
Corrie: Before I recognize the second, what about the 23 feet driveway? Do you want
to include that as part of the conditions since the staff report was 25.
Rountree: Sure I'll make that part of my motion.
Bird: I'll second it.
Corrie: Okay motion made by Mr. Rountree second by Mr. Bird to have the attorney
draw up the Findings of Fact and Conclusions of Law with approval as stated in the
motion. Any further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
01
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SEABURY SUBDIVISION
PROPERTY OWNERS WITHIN 300'
YOUNG BRADLEY WAYNE &
YOUNG SHERRY LYNN
539 W CRITERION ST
MERIDIAN ID 83642-2165
GIESLER JOHN C
677 W CRITERION ST
MERIDIAN ID 83642-2163
JONES RICHARD A
669 W CRITERION ST
MERIDIAN ID 83642-2163
IVERSON MONTE
657 W CRITERION ST
MERIDIAN ID 83642-2163
STODDART BRENDA G
647 W CRITERION ST
MERIDIAN ID 83642
REGENT BUSINESS COMPANY
PO BOX 1181
MERIDIAN ID 83680
631 W CRITERION ST
EVANS RUTH J
506 W PINE AVE
MERIDIAN ID 83642-2135
LEFEVRE MARC E
603 W CRITERION ST
MERIDIAN ID 83642-2163
SALSTROM RICHARD A &
SALSTROM SANDRA R
5701 CONVERSE HOWE CIR
GARDEN GROVE CA 92845-2621
579 W CRITERION ST
SMITH LARRY R & MARIANNE
720 W PINE AVE
MERIDIAN ID 83642-2139
LUKE DANIEL WILLIAM
3290 E AMITY
MERIDIAN ID 83642
712 W PINE AVE
SKIVER WAYNE D & KATHLEEN F
644 W PINE AVE
MERIDIAN ID 83642-2137
W PINE AVE
644 W PINE AVE
GASS LOWELL H ET UX
632 W PINE AVE
MERIDIAN ID 83642-2137
BEACH DEVIN K & SHERRI L
626 W PINE ST
MERIDIAN ID 83642
ZIEGLER WILLIAM & DOROTHY JEAN
DAWN GESELLE & CHARLES GESELLE
526 W PINE AVE
MERIDIAN ID 83642-2137
616 W PINE AVE
ZIEGLER FREDERICK W
616 W PINE AVE
MERIDIAN ID 83642-2137
W PINE AVE
CLEMENS RUBY D
602 W PINE AVE
MERIDIAN ID 83642-2137
GESELLE CHARLES & DAWN
526 W PINE AVE
MERIDIAN ID 83642-2135
ESTEP NINA L
520 W PINE AVE
MERIDIAN ID 83642-2135
HERSEY RICHARD S & LOUISE AND.
HERSEY CLIFFORD B & JANET L
1450 STITZEL RD
ELKO NV 89801-4892
830 W 07TH ST
BRINCKEN EMIL W & ESTHER L
711 W PINE AVE
MERIDIAN ID 83642-2138
PACK LOVA JUNE & RAY O
524 W CARLTON AVE
MERIDIAN ID 83642-2125
645 W PINE AVE
MIGNEAULT LESLIE D & DAMITA K
1680 BEARDEN CT
MERIDIAN ID 83642-1301
631 W PINE AVE
PIPKIN CHESTER & SUSAN M AND
BEARD JAMES A & LISA M
79 E AIKENS
EAGLE ID 83616
619 W PINE AVE
MADSEN DWAYNE L & LUCY ANN
603 W PINE AVE
MERIDIAN ID 83642-2136
WILLIAMS PAUL D & LORI R
535 W PINE AVE
MERIDIAN ID 83642
WAGEMAN DIRK & KERRY
519 W PINE AVE
MERIDIAN ID 83642-2134
PEACHEY GALEN L & JANET L
9094 W BROOKVIEW CT
BOISE ID 83709-0501
511 W PINE AVE
JENKINS LYNDON A
802 W 07TH ST
MERIDIAN ID 83642
MCRAE DENIS R & MARTHA L
2622 SAN MARCO WAY
NAMPA ID 83686-7921
535 W PINE AVE
0
RADER LOREN C &
RADER ROSILYN J
P.O. BOX 713
BOISE ID 83701
642 W IDAHO AVE
622 W IDAHO AVE
SLAATHAUG JOYCE C
592 W IDAHO AVE
MERIDIAN ID 83642-2542
582 W IDAHO AVE
INDIVERI HARRIET ELLEN
PO BOX 13
APTOS CA 95001-0013
519 W PINE AVE
GODBOUT NORMAN L & CAROL R
RIVERS POINT
HC 76 BOX 1096
BANKS ID 83602-9600
512 E IDAHO AVE
WESTBERG PAUL L & MARY C
PO BOX 280
STAR ID 83669-0280
682 W IDAHO AVE
662 W IDAHO AVE
CONNER CLARENCE ET UX
3517 S ASHBURY WAY
BOISE ID 83706-6414
604 W BROADWAY AVE
THORNE TORY L & WILEY- STACI
7732 LONG DR
BOISE ID 83704-4439
529 W IDAHO AVE
BAIRD SCOTT C & APRIL M
730 W 07TH ST
MERIDIAN ID 83642
MURRELL ERIC J & NELDA A
7224 COLT DR
BOISE ID 83709
661 W IDAHO AVE
WARING KELLIE JO & BRADLEY T
PO BOX 16686
BOISE ID 83715
645 W IDAHO AVE
ACCENT HOMES L L C
812 E MARTINIQUE DR
MERIDIAN ID 83642-7417
623 W IDAHO AVE
625 W IDAHO AVE
HOBSON DAVID G & CINDY L AND
HOBSON JEFFRY M & SANDRA
4111 OVERLAND RD
BOISE ID 83705-2972
702 W 07TH ST
HANEY ROY T & ARIEL L
502 W BROADWAY AVE
MERIDIAN ID 83642-2531
WANG LOUIS F
1507 YUKON DR
SUNNYVALE CA 94087-4453
650 W BROADWAY AVE
SLANSKY JOE V & LELA M
644 W BROADWAY AVE
MERIDIAN ID 83642-2405
PACK ALAN R & DEANN K
636 W BROADWAY AVE
MERIDIAN ID 83642-2405
HENNING ROGER M & IRIS N
528 W BROADWAY AVE
MERIDIAN ID 83642-2531
FREEBERG JOHN & BONNIE TRUSTEE
WOODEN KAY R
PO BOX 542
NAMPA ID 83653-0542
660 W BROADWAY AVE
JARRETT WILLIAM E JR & VIDA M
624 W BROADWAY AVE
MERIDIAN ID 83642-2405
0
FOLEY J C & MARTHA C
522 W BROADWAY AVE
MERIDIAN ID 83642-2531
IDAHO CONGREGATION OF
JEHOVAHS WITNESSES INC
3733 S MCGUIRE PL
MERIDIAN ID 83642-6989
721 W BROADWAY AVE
ROBERTS EDWARD & MARY
5641 CASCADE RD
EMMETT ID 83617-9720
685 W BROADWAY AVE
HADLEY DOUGLAS G AND SONJA K
11938 W SILVERKING DR
BOISE ID 83709
647 W BROADWAY AVE
LEIGHTON TRACY WILLIAM &
WENDY L
631 W BROADWAY AVE
MERIDIAN ID 83642-2404
TIMSON GARY C & PEGGY L
621 W BROADWAY AVE
MERIDIAN ID 83642-2404
HOPKINS RAYMOND W
607 W BROADWAY AVE
MERIDIAN ID 83642-2404
TREAT LOLA MAY
521 W BROADWAY AVE
MERIDIAN ID 83642-2530
DEUBER THOMAS SCOTT & SHEILA R
511 W BROADWAY AVE
MERIDIAN ID 83642
BUCK VELMA R LIFE ESTATE AND
BUCK LUANA
503 W BROADWAY AVE
MERIDIAN ID 83642-2530
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MERIDIAN CITY COUNCIL MEETING: FEBRUARY 16,199
APPLICANT: WEST PINE DEVELOPMENT ITEM NUMBER: 7
REQUEST: CONDITIONAL USE PERMIT FOR SEABURY SUBDIVISION
AGENCY COMMENTS
CITY CLERK: SEE ATTACHED MINUTES FROM P & Z 1112199
CITY ENGINEER: SEE ATTACHED COMMENTS
CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS
CITY ATTORNEY: SEE ATTACHED RECOMMENDATION FROM
P&Z
CITY POLICE DEPT: REVIEWED
CITY FIRE DEPT: SEE ATTACHED COMMENTS
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH: 4 �
NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENT
SETTLERS IRRIGATION:
IDAHO POWER:
J
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
MERIDIAN PLANNING AND ZONING MEETING: JANUARY 12, 1999
APPLICANT: WEST PINE DEVELOPMENT ITEM NUMBER: 3
REQUEST: CONDITIONAL USE PERMIT FOR SINGLE FAMILY DWELLING, I TRI-PLEX, & 4 FOUR-
PLEX UNITS FOR PROPOSED SEABURY SUBDIVISION
AGENCY
CITY CLERK:
lonvArW 10',111:143
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:
COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
REVIEWED
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENT
Grxv< I
9�
G'i� W
N
OTHER:
All Materials presented at public meetings shall b ome�property of the /City o(f� Meridian.
l
Civ
PLANNING AND ONING COMMISSION
JANUARY 12, 1999
PAGE 32
MacCoy: Any discussion? Mr. Borup do you have anything that you want to
discuss before we move on?
Borup: I've probably said it all.
MacCoy: Call for a vote. All in favor for the motion that was given?
Smith: Aye.
De Weerd: Aye.
Nelson: Aye.
De Weerd: Ask for those opposed though. I don't think Mr. Borup (Inaudible).
MacCoy: Here again I'm going to call for, which I have the option to do, a roll call
vote.
ROLL CALL: Borup — nay, De Weerd — aye, Smith ---
Smith: What are we voting on?
MacCoy: What the motion was.
Smith: The last motion?
De Weerd: To deny the Comprehensive Plan Amendment.
ROLL CALL: Smith — aye, Nelson — aye.
MacCoy: All right, three ayes, and one nay to be recorded. Thank you very
much.
ITEM NO. 3: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE
PERMIT FOR A SINGLE FAMILY DWELLING, 1 TRI-PLEX, AND 4 FOUR-PLEX
UNITS FOR PROPOSED SEABURY SUBDIVISION BY WEST PINE
DEVELOPMENT — BETWEEN W. PINE ST. & W. BROADWAY AVE., EAST OF
W. FOURTH ST:
MacCoy: Are you ready Shari?
Stiles: Chairman MacCoy, commissioners this is basically an infill project. It's
located south of Pine and it's surrounded mostly by development of some
apartments. There are some parcels that have been split off. We don't have the
history of when those were split off, so we know if they are valid lot splits or not,
PLANNING AND ZING COMMISSION 0
JANUARY 12, 1999
PAGE 33
but have asked for that information. The main issue of the public works
department was the pressurized irrigation. Apparently there are water rights
there, but the ditches that were existing have been abandoned. So that needs to
be resolved.
(Inaudible)
MacCoy: Can you hold that for a little bit we've got a chance to come back to
that.
Stiles: The indication to staff has been that they have been abandoned. They
are located in a zone that allows this type of development. They are meeting the
minimum requirements as far as the zoning ordinance for parking and lot sizes
for the structures, although they don't have direct access to Pine Avenue they did
locate a direct access to Pine, it would significantly detract from the ability to
develop this site and it would probably be a long time before it ever was
developed. I don't think it would be cost effective to develop the site. They
would need to be concerned with buffering of the adjacent larger parcels that
exist around them. I think these infill projects you do have to be a little more
lenient in order that we get some of this developed. There is—you don't have
before you yet, but there is another development coming from the other side that
would be very similar to this development and the only piece left for the
connection through of Idaho would be—actually there are two parcels that are
immediately to the east of this proposed development that no proposal has come
in on that parcel yet. If you have any questions.
MacCoy: Now that we've heard from our staff I'll open the public hearing and
Becky come forward.
BECKY BOWCUTT, BRIGGS ENGINEERING, 1800 W OVERLAND, BOISE, ID.
Bowcutt: I'm representing the applicant in this matter. I have two applications
here, one a conditional use, the other a preliminary plat so I'll just combine my
statements into one presentation and ask that those statements be allocated to
the other application. As Shari indicated this is an infill parcel, it's located off
Pine and Idaho and then Broadway Street is located on our south boundary.
There is one existing single family dwelling on the parcel the rest of this is
currently undeveloped. It's currently zoned R-15, this whole corridor between
Pine and Broadway is a whole swath of R-15. In looking at that area, it's kind of
a mixed use area. We see some apartments, there are some 4-plexes, tri-plexes
and there is also single family dwellings. Most of the multi -family is located off
these Idaho Street and as Shari indicated, that Idaho Street there is a gap
between it. You can't drive on Idaho and go straight through. You have to go
around and then come back. By developing this property, we'll be extending
Idaho Street and building that two public street standards with five foot sidewalks
both sides, it's across, I think 130 feet. Sewer and water does exist in Idaho
PLANNING AND LING COMMISSION 0
JANUARY 12, 1999
PAGE 34
Street here, it's also out there in Pine. The depth of the sewer, it is quite shallow.
We did submit some profiles to your staff for their evaluation of sewer ability,
service ability and they indicated barely, marginal. So we don't have a lot of play
in this. One of the problems we have with these parcels is that they are narrow.
My intent in this design was to create a situation where we did not have any
backing movements onto Pine or Idaho, primarily Pine since it is an arterial, we
wanted to make sure that all cars—we have to have an approach, but we want
them to be going out frontways. So we created these parking enclaves. The
parking spaces are 9 X 19, which is in compliance with the ordinance. In order to
get our four foot landscape buffering on our perimeter adjoining unrelated parcels
we did decrease our aisle width from 25 to 23 feet. I discussed this with staff, we
kind of looked at some—talked about what our options were and both kind of
came to the determination that there were no other alternatives. In that parking
aisle width, the minimum under the Uniform Fire Code is I believe 20. In
apartment complexes throughout the Valley you will find them between 20 and
24 feet wide, the aisle ways. We believe that 23 is adequate, we are not
compromising our landscaping, nor are we compromising our parking. Providing
two parking spaces per unit. We've got four 4-plexes and one 3-plex and one
single family dwelling. So the preliminary plat consists of six lots and the
conditional use application is for a total of 20 units, one of those being the
existing single family dwelling. We reviewed staffs comments. We were in
agreement—there was comment on the irrigation. I did confirm with
Nampa/Meridian Irrigation District that there are water rights on this parcel, so it
has not been excluded. What made me believe that there may be some
problems in this area is another surveyor in the valley called me and they are
working on the parcels to the east. She asked me what we are doing for
pressurized irrigation, I said you don't have a choice it's mandatory. She says
that the property owner that I'm working with indicates that the ditches out here
have been abandoned. So in my response to staff is that there was mention
from a property owner that they've been abandoned. My client who visited the
site said this summer there was water in some of the ditches. Not a lot, but there
was some. So my statement to staff is that additional research will have to be
done to verify is there an adequate supply of water, surface water to pressure—
you know, for a pressurized system. Obviously the ordinance mandates it, I
asked staff in the event that you don't have a sufficient supply what can you do?
They indicated it has only happened one time and we would have to work that
out with the City Council. Whether we use a domestic source or ask for a
variance or something along that line. So research is going to have to be done
on how much volumes coming down these ditches. Is it constant? Some of
these older areas throughout the area, infill especially we have lots of problems
with, property owners—little coverts get kind of crushed if they have driveways
over them. People don't clean out their ditches so we don't have as good as
irrigation sources as we have out in the more rural areas as the bigger
developments start moving north and south. We feel this is compatible and
consistent with what is in this area, like I said, it's zoned R-15. Our density that
we are proposing is 13.48 dwellings per acre. The site itself is 1.48
PLANNING AND �LAING COMMISSION
JANUARY 12, 1999
PAGE 35
approximately. We feel that it would be a good compliment to the neighborhood.
The developer intends to—each lot will be landscaped. All the buildings will be
the same, so we are not—it's not going to sell these off to independent builders
so that each unit, you know we don't have any character that's consistent
throughout the project, that's not the case. In this case, he is selling it to one
particular builder who is going to build this unit right here. Of all the four plexes
that have been brought to me, this one with the deviations in the roof lines offset
facades looks the best. Honestly, the elevations here are some of the best that
I've seen in four-plex design. One of the problems typically with the four-plexes
is that they appear to be so boxy, they don't have a lot of deviation in the roof
lines, and they are just not attractive. That is you can see the different elevations
of this, it's a two story unit with the offset facades, the different roof lines, you are
getting a real nice look. So these aren't your basic box structures that you have
seen in the past. Do you have any questions that I can answer?
Borup: Just minor, you said the sewer is quite shallow?
Bowcutt: Yes sir.
Borup: Is it running to the east presently? Is that the direction that the sewer line
will—
Bowcutt: You mean which way does the sewer flow?
Borup: Yes, maybe I should have asked Bruce that.
Bowcutt: It's flowing this direction, isn't it Bruce?
Borup: It is flowing to the west?
Bowcutt: Yes.
Borup: (Inaudible) properties to the east, so it's even going to be more shallow
on those? Or is there another sewer line coming in from another direction. I
guess that doesn't really matter, I'm thinking ahead here. I'm sorry. As long as
this parcels served, that's all that counts. Thank you. Oh, I do have one other
question that I'm a little bit confused on. ACHD made reference to Broadway on
their site specific comments. This property doesn't go to Broadway does it?
Bowcutt: This portion of the property abutted Broadway. In staffs condition
they've asked for evidence that it's eligible for what they call a one time division.
I gave the key dates to the applicant who did some research and his research
indicated that the property was eligible for one division.
Borup: There is no structure on that property at this time?
PLANNING AND RING COMMISSION 0
JANUARY 12, 1999
PAGE 36
Bowcutt: That's correct, to answer your question, I'm kind of going in an indirect
route, sorry. To answer you question, Ada County Highway District's rule is if
you take a one time split of a parcel and that has taken place within one year of
your application being submitted, then you are required to make those
improvements on your frontage. What was happening in the past is they would
split off say an existing home on a parcel and then they would not be required to
install sidewalk in front of that home. So you end up with a bunch of sidewalk, no
sidewalk, sidewalk, no sidewalk and their only chance of getting continuous
sidewalk in areas with existing streets that lack sidewalk was to impose this
requirement.
Borup: So that parcel is not a part of this plat. (Inaudible)
Bowcutt: However, it was part of the parcel originally. So they have the ability to
impose that. Just for the 60 feet, 66 feet.
Borup: I was confused about that. Thank you.
MacCoy: Anything else? Commissioner De Weerd?
De Weerd: I have nothing.
Smith: Nothing.
Nelson: Nothing.
MacCoy: All right, thank you Becky. Anyone here want to stand up in support of
what you've just heard for a project? All right, I'll turn it around the other way. Is
there anybody here who would like to step up and oppose this project? Staff do
you have anything you want to add at this moment? No, all right.
Smith: Mr. Chairman, I would like to make a motion that we close this public
hearing.
De Weerd: Second.
MacCoy: Any discussion? Doesn't appear to be, all in favor?
MOTION CARRIED: All ayes.
MacCoy: Do I hear a motion? What do you want to do with this?
De Weerd: I would like to hear anything else from the staff last chance for
comment. Shari?
MacCoy: They turned us down.
PLANNING AND AING COMMISSION is
JANUARY 12, 1999
PAGE 37
Stiles: No, I don't have anything further, I just ask that our comments be included
in your recommendation and that we receive the information that we requested.
Rossman: I would also add to please input on the ACHD comments as well in
your motion.
MacCoy: Okay commissioners.
Smith: Mr. Chairman, I would like to make a motion that we recommend to the
City Council approval of this request for conditional use permit with the inclusion
of staff comments, ACHD report, and that the applicant provide evidence of
availability of providing pressurized irrigation for this project.
Nelson: Second.
Borup: Second
MacCoy: We have a motion and second. Any discussion? None, all in favor?
MOTION CARRIED: All ayes.
ITEM NOA: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR
SEABURY SUBDIVISION BY WEST PINE DEVELO9PMENT —BETWEEN W.
PINE ST. & W. BROADWAY AVE. EAST OF W. FOURTH ST:
MacCoy: At this moment since we have already heard from the staff, unless they
want to make a comment at this moment. I guess not. Would the applicant step
forward please? We are going to open the public hearing now for this one.
BECKY BOWCUTT, BRIGGS ENGINEERING, 1800 W. OVERLAND, BOISE, ID.
Bowcutt: Please incorporate my previous statements and testimony into the
record on the preliminary plat application also.
MacCoy: Any comments for Becky before she sits down?
De Weerd: No.
MacCoy: I'll ask the question, we have an open public hearing now, so is
anybody here that wants to speak in favor of this portion of the same project?
Seeing none. Is there anybody here who would like to have a protest on this
project? Seeing none. I will give it back to the commissioners.
De Weerd: Mr. Chairman, I move that we close the public hearing.
MEMORANDUM: December 21, 1998
To: Planning & Zoning Commission/Mayor and City Council
From: Bruce Freckleton, Assistant to City En ineer
Shari Stiles, P&Z Administrator
Re: Request for Preliminary Plat in an R-15 Zone with Conditional Use Permit for
Seabury Subdivision by West Pine Development — 20 Units on 1.4832 Acres
We have reviewed this submittal and offer the following comments, as conditions of the
application. These conditions shall be considered in full, unless expressly modified or
deleted by motion of the Meridian City Council:
GENERAL COMMENTS
1. Any existing irrigation/drainage ditches crossing the property to be included in this
project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by
the appropriate irrigation/drainage district, or lateral users association, with written
confirmation of said approval submitted to the Public Works Department. No variances
have been requested for tiling of any ditches crossing this project.
2. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 5-7-517. Wells may be
used for non-domestic purposes such as landscape irrigation.
3. Determine the normal high groundwater elevation, and submit a profile of the subsurface
soil conditions as prepared by a soil scientist with street development plans.
4. Submit copy of proposed restrictive covenants and/or deed restrictions for review by the
Meridian City Attorney.
5. Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B.
6. Submit letter from the Ada County Street Name Committee, approving the subdivision
and street names. Make any corrections necessary to conform.
Seabury Sub.CUP-PP.doc
6 0
HUB OF TREASURE VALLEY
Mayor
LEGAL DEPARTMENT
ROBERT D. CORRIE
A Good Place to Live
(208) 884-4264
CITY OF MERIDIAN
PUBLIC WORKS
Council Members
BUILD DEPARTMENT
CHARLES ROUNTREE
33 EAST IDAHO
(_?NG
(208) 887-2211
GLENN BENTLEY
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • Fax (208) 887-4813
PLANNING AND ZONING
RON ANDERSON
DEPARTMENT
KEITH BIRD
(208) 884-5533
MEMORANDUM: December 21, 1998
To: Planning & Zoning Commission/Mayor and City Council
From: Bruce Freckleton, Assistant to City En ineer
Shari Stiles, P&Z Administrator
Re: Request for Preliminary Plat in an R-15 Zone with Conditional Use Permit for
Seabury Subdivision by West Pine Development — 20 Units on 1.4832 Acres
We have reviewed this submittal and offer the following comments, as conditions of the
application. These conditions shall be considered in full, unless expressly modified or
deleted by motion of the Meridian City Council:
GENERAL COMMENTS
1. Any existing irrigation/drainage ditches crossing the property to be included in this
project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by
the appropriate irrigation/drainage district, or lateral users association, with written
confirmation of said approval submitted to the Public Works Department. No variances
have been requested for tiling of any ditches crossing this project.
2. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 5-7-517. Wells may be
used for non-domestic purposes such as landscape irrigation.
3. Determine the normal high groundwater elevation, and submit a profile of the subsurface
soil conditions as prepared by a soil scientist with street development plans.
4. Submit copy of proposed restrictive covenants and/or deed restrictions for review by the
Meridian City Attorney.
5. Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B.
6. Submit letter from the Ada County Street Name Committee, approving the subdivision
and street names. Make any corrections necessary to conform.
Seabury Sub.CUP-PP.doc
Mayor, Council and P&Z ft
December 21, 1998
Page 2
7. Coordinate fire hydrant placement with the City of Meridian's Water Works
Superintendent.
Indicate on the final plat map any FEMA Flood Plains affecting the area being platted,
and detail plans for reducing or eliminating the boundary.
9. Respond in writing, to the each of the comments contained in this memorandum by 5:00
p.m. Friday, January 8, 1999. Submit ten copies of the revised Preliminary Plat Map to
the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City
Council.
SITE SPECIFIC COMMENTS
1. Sanitary sewer service to this site will be via an extension of the existing main adjacent to
the west of the proposed development. Applicant will be responsible to construct the
sewer mains to and through this proposed development. Subdivision designer to
coordinate main sizing and routing with the Public Works Department. Sewer manholes
are to be provided to keep the sewer lines on the south and west sides of centerline.
2. Water service to this site will be via an extension of the existing main adjacent to the
west of the proposed development. Applicant will be responsible to construct the water
mains to and through this proposed development. Subdivision designer to coordinate
main sizing and routing with the Public Works Department.
3. Indicate any existing irrigation/drainage ditch easements on the preliminary plat map.
4. one -hundred -fifty -watt, high-pressure sodium streetlights will be required at locations
designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire hydrants.
5. A pressurized irrigation system shall be required within the proposed development.
Please indicated whether the pressurized irrigation system within this development is to
be owned and maintained by the homeowners association or the Nampa & Meridian
Irrigation District. If the system is to be private, plans and specifications shall be
reviewed by the Public Works Department as part of the development plan review
process. A draft copy of the pressurized irrigation system O&M manual must be
submitted prior to plan approval. The City of Meridian requires that pressurized
irrigation systems be supplied by a year round source of water. If a creek or well source
is not available, a single point connection to the culinary water system shall be required.
If a single point connection is utilized, the developer shall be responsible for the payment
of assessments for the common areas prior to signature on the final plat by the Meridian
City Engineer.
6. Six -foot -high, permanent perimeter fencing is required to be in place prior to obtaining
building permits unless specifically waived in writing by the City P&Z Administrator.
seam Sub.CUP-PP.aoo
RECEIVED
FEB 1 11999
City of Meridian
Pity Clerk Office
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE REQUEST FOR)
CONDITIONAL USE PERMIT FOR )
A SINGLE FAMILY DWELLING, I TRI- )
PLEX, AND 4 FOUR-PLEX UNITS FOR )
PROPOSED SEABURY SUBDIVISION BY )
WEST PINE DEVELOPMENT - BETWEEN)
W. PINE ST &_ W. BROADWAY AVE. )
EAST OF W. FOURTH ST. )
RECOMMENDATION
TO CITY COUNCIL
INTRODUCTION
1. The property is approximately 1.4832 acres in size. The property is
generally located between West Pine Street and West Broadway Avenue, east of West
Fourth Street.
2. Owner of record of the subject property is Chet Pipkin of 915 North
Cole Road, Boise, Idaho.
3. The Applicant is Briggs Engineering, Inc. of 1800 West Overland Road,
Boise, Idaho.
4. The subject property is currently zoned (R 15), Medium High Density
Residential. The zoning of the Medium High Density Residential District is defined
with in the City of Meridian Zoning and Development Ordinance, Section 11 -2 -
RECOMMENDATION TO CITY COUNCIL - I
CONDITIONAL USE PERMIT - WEST PINE DEVELOPMENT
SEABURY SUBDIVISION
I ]l
408(b)(5).
5. The proposed application requests a conditional use permit for multi-
family development of the subject property consisting of one (1) existing single-family
dwelling, one (1) tri-plex, and four (4) four-plexes with associated landscaping and
parking. The R 15 zoning designation within the City of Meridian Zoning and
Development Ordinance requires that a Conditional Use Permit be obtained for most
uses including those requested by the applicant. (Meridian City Zoning and
Development Ord., Section 11-2-409).
6. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Policy.
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 for the property described in the application,
subject to the following:
Adopt the Planning and Zoning Administrator and Assistant City Engineer
Recommendations as follows:
1.1 Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance 11-9-605 .M.
RECOMMENDATION TO CITY COUNCIL - 2
CONDITIONAL USE PERMIT - WEST PINE DEVELOPMENT
SEABURY SUBDIVISION
0 0
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.
1.2 Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service per City Ordinance
Section 5-7-5 17. Wells may be used for non-domestic purposes such as
landscape irrigation.
1.3 Determine the normal high groundwater elevation, and submit a profile
of the subsurface soil conditions as prepared by a soil scientist with
street development plans.
1.4 Submit copy of proposed restrictive covenants and/or deed restrictions
for review by the Meridian City Attorney.
1.5 Provide 5' wide sidewalks in accordance with City Ordinance Section 1
1-9-606.B.
1.6 Submit letter from the Ada County Street Name Committee, approving
the subdivision and street names. Make any corrections necessary to
conform.
1.7 Coordinate fire hydrant placement with the City of Meridian's Water
Works Superintendent.
1.8 Indicate on the final plat map any FEMA Flood Plains affecting the area
being platted, and detail plans for reducing or eliminating the boundary.
1.9 Sanitary sewer service to this site will be via an extension of the existing
main adjacent to the west of the proposed development. Applicant will
be responsible to construct the sewer mains to and through this
proposed development. Subdivision designer to coordinate main sizing
and routing with the Public Works Department. Sewer manholes are to
be provided to keep the sewer lines on the south and west sides of
RECOMMENDATION TO CITY COUNCIL - 3
CONDITIONAL USE PERMIT - WEST PINE DEVELOPMENT
SEABURY SUBDIVISION
0 0
centerline.
1.10 Water service to this site will be via an extension of the existing main
adjacent to the west of the proposed development. Applicant will be
responsible to construct the water mains to and through this proposed
development. Subdivision designer to coordinate main sizing and
routing with the Public Works Department.
1.11 Indicate any existing irrigation/drainage ditch easements on the
preliminary plat map.
1.12 One -hundred -fifty -watt, high-pressure sodium streetlights will be
required at locations designated by the Public Works Department. All
streetlights shall be installed at subdivider's expense. Typical locations
are at street intersections and/or fire hydrants.
1.13 A pressurized irrigation system shall be required within the proposed
development. The Applicant shall indicate whether the pressurized
irrigation system within this development is to be owned and
maintained by the homeowners association or the Nampa & Meridian
Irrigation District. If the system is to be private, plans and specifications
shall be reviewed by the Public Works Department as part of the
development plan review process. A draft copy of the pressurized
irrigation system O&M manual must be submitted prior to plan
approval. The City of Meridian requires that pressurized irrigation
systems be supplied by a year round source of water. If a creek or well
source is not available, a single point connection to the culinary water
system shall be required. If a single point connection is utilized, the
developer shall be responsible for the payment of assessments for the
common areas prior to signature on the final plat by the Meridian City
Engineer.
1.14 Six -foot -high, permanent perimeter fencing is required to be in place
prior to obtaining building permits unless specifically waived in writing
by the City P&Z Administrator.
RECOMMENDATION TO CITY COUNCIL - 4
CONDITIONAL USE PERMIT - WEST PINE DEVELOPMENT
SEABURY SUBDIVISION
1. 15 Applicant is proposing that the driveways for the development serve as
the turnaround on this dead-end section of Idaho Street. Coordinate
with the Meridian Fire Department and Ada County Highway District
and provide letters of approval for this configuration.
1.16 Wheel blocks will need to be provided where parking spaces meet
(center parking lots).
1.17 The driveway widths shown are less than the 25' width required by
Ordinance; however, staff felt it more desirable that the four -foot -wide
planting strips be provided at the property lines. If driveways are left as
shown, they appear to conflict with the location of the parking stalls.
1.18 City Ordinance states that uses in the R- 15 zone should have direct
access to an arterial or collector and be located adjacent to a park or
open space corridor. A portion of this development has direct access to
Pine Street, and a small area is available for open space within the
development.
1.19 Provide detailed landscaping plans for approval prior to obtaining
building permit.
1.20 Screened trash enclosures are to be provided within this development.
Coordinate placement with Meridian Sanitary Services, Inc.
1.21 Existing and proposed utilities are not shown on the conditional use
permit site plan.
1.22 Applicant shall provide documentation on one-time split to ensure out -
parcel is a legal lot; otherwise, include the out -parcel as part of the
preliminary plat.
Adopt the Meridian City Fire Department's Recommendation as follows:
1.23 The Meridian City Fire Department requires that all fire codes be met.
RECOMMENDATION TO CITY COUNCIL - 5
CONDITIONAL USE PERMIT - WEST PINE DEVELOPMENT
SEABURY SUBDIVISION
• 0
Adopt the Nampa & Meridian Irrigation District's Recommendations as follows:
1.24 The land use change/site development application shall be filed for
review prior to final platting.
1.25 All laterals and wasteways must be protected.
1.26 All municipal surface drainage must be retained on site.
1.27 If any surface drainage leaves the site, the Nampa &- Meridian Irrigation
District must review drainage plans.
1.28 The developer must comply with Idaho Code § 31-3805.
1.29 Irrigation water should be made available to all developments within the
Nampa & Meridian Irrigation District.
Adopt the Ada County Highway District's Recommendations as follows:
1.30 The two existing curb cut driveways on Pine Avenue which are located:
• 10 -feet east of the west property line.
• Abutting the east property line.
are approved with this application. Reconstruct the driveways as 16 to
20 -foot wide curb return driveways with 15 -foot curb radii.
1.31 Provide a recorded cross access easement for the parcel to the east to use
this parcel for access to the public streets prior to final plat approval.
1.32 Constructed driveways on the future extension of Idaho Avenue as 16 to
20 -foot wide curb cut driveways, located a minimum of 5 -feet from the
property lines. Coordinate the location of the driveways on Idaho
Avenue with District staff.
RECOMMENDATION TO CITY COUNCIL - 6
CONDITIONAL USE PERMIT - WEST PINE DEVELOPMENT
SEABURY SUBDIVISION
77
1.33 Extend Idaho Avenue as a 37 -foot Street section with curbs , gutters,
and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way.
1.34 Provide a paved temporary turnaround at the end of Idaho Avenue with
a temporary easement provided to the District. Coordinate the
turnaround with District Staff.
1.35 Construct curb, gutter and 5 -foot wide concrete sidewalk and pavement
widening to one half of a 37 -foot street section on Broadway Avenue
abutting the parcel (approximately 60 -feet) prior to District approval of
a final plat.
1.36 Pave all the driveways their full width and at least 20 -feet beyond the
edge of pavement of Pine Avenue and Idaho Avenue.
1.37 No driveways are proposed on Broadway Avenue and none are approved
with this application.
1.38 As required by District policy, restrictions on the width, number and
locations of driveways, shall be placed on future development of this
parcel.
1.39 Other than the access points specifically approved with this application,
direct lot or parcel access to Pine Avenue is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final
plat.
The Planning and Zoning Commission further advises:
1.40 The Applicant submit evidence of availability of providing pressurized
irrigation for the subject project.
AASeabury Subdivision\CUP.rec
RECOMMENDATION TO CITY COUNCIL - 7
CONDITIONAL USE PERMIT - WEST PINE DEVELOPMENT
SEABURY SUBDIVISION
City of Meridian
TRANSMITTAL TO AGENCIES FOR COMMENTS ON 6MM'Af fift 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: January 5, 1999
TRANSMITTAL DATE: December 2, 1998 HEARING DATE: January 12, 1999
FILE NUMBER: CUP -98-101
REQUEST: CONDITIONAL USE PERMIT FOR SEABURY SUBDIVISION
BY: WEST PINE DEVELOPMENT
LOCATION OF PROPERTY OR PROJECT: Between W. Pine & W. Broadway, W. of
West Fourth Street
_ TAMMY DE WEERD P/Z
MALCOLM MACCOY, P/Z
MARK NELSON, P/Z
BYRON SMITH, P/Z
_KEITH BORUP, P/Z
_ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
_CHARLIE ROUNTREE, C/C
_KEITH BIRD, C/C
_GLENN BENTLEY, C/C
_WATER DEPARTMENT
_SEWER DEPARTMENT
_BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
_CITY ATTORNEY
_CITY ENGINEER
_CITY PLANNER
CITY FILES
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION (PRELIM & FINAL)
IDAHO TRANSPORTATION EPARTMENT
ADA COUNTY (ANN )
YOUR CONCISE REMARKS:
HUB OF TREASURE VALLEY
Mayor
ROBERT D. CORRIE
A Good Place to Live
LEGAL DEPARTMENT
Council Members
CITY OF MERIDIAN
(208) 884-4264
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- cIEI-\'
mLANNING AND ZONING
KEITH BIRD
DEPARTMENT
(208)884-5533
DEC n 3
'4Q3
City of Meridian
TRANSMITTAL TO AGENCIES FOR COMMENTS ON 6MM'Af fift 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: January 5, 1999
TRANSMITTAL DATE: December 2, 1998 HEARING DATE: January 12, 1999
FILE NUMBER: CUP -98-101
REQUEST: CONDITIONAL USE PERMIT FOR SEABURY SUBDIVISION
BY: WEST PINE DEVELOPMENT
LOCATION OF PROPERTY OR PROJECT: Between W. Pine & W. Broadway, W. of
West Fourth Street
_ TAMMY DE WEERD P/Z
MALCOLM MACCOY, P/Z
MARK NELSON, P/Z
BYRON SMITH, P/Z
_KEITH BORUP, P/Z
_ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
_CHARLIE ROUNTREE, C/C
_KEITH BIRD, C/C
_GLENN BENTLEY, C/C
_WATER DEPARTMENT
_SEWER DEPARTMENT
_BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
_CITY ATTORNEY
_CITY ENGINEER
_CITY PLANNER
CITY FILES
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION (PRELIM & FINAL)
IDAHO TRANSPORTATION EPARTMENT
ADA COUNTY (ANN )
YOUR CONCISE REMARKS:
•
•
REcElvED
SUPERINTENDENT
Christine H. Donnell
December 7, 1998
City of Meridian
33 East Idaho
Meridian, Idaho 83642
Dear Councilmen:
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: Seabury Subdivision
Elementary School: Meridian Elementary
Middle School: Meridian Middle School
High School: Meridian High School
Comments and/or Recommendations:
Meridian Elementary School is over capacity. Eagle Middle School is over capacity and
will remain so until the fifth middle school comes on line in the fall of 2000. Meridian
High School is over capacity.
BOARD OF TRUSTEES
Rex Harrison 9 Wally Hedrick 0 Holly Houlburg • David Wynkoop • Steve Mann
i
9 December 1998
Will Berg, City Clerk
City of Meridian
33 East Idaho
Meridian, ID 83642
• RFcETvE1D
DEC i 3 ;0
CITY OF MERIDIAN
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
Phones: Area Code 208
OFFICE: Nampa 466-7861
SHOP: Nampa 466-0663
RE. Condional Use Permit for Seabury Subdivision - West Pine Development -
Dear Commissioners:
The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development
application be filed for review prior to final platting. Contact Donna Moore at 466-7861 for
further information.
All laterals and wasteways must be protected. All municipal surface drainage must be retained
on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must
review drainage plans. The developer must comply with Idaho Code 31-3805. It is
recommended that irrigation water be made available to all developments within the Nampa &
Meridian Irrigation District.
Sincerely,
Bill Henson, Asst. Water Superintendent
NAMPA & MERIDIAN IRRIGATION DISTRICT
BH.-dln
cc: File - Shop
File - Office
Water Superintendent
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
16 December 1998 Phones: Area Code 208
Op� OFFICE: Nampa 466-7861
Becky Bowcutt C SHOP: Nampa 466-0663
Briggs Engineering, Inc.
1800 W. Overland Road
Boise, ID 83705
RE: - Land Use Change -Application = Seabury-Subdivision --
Dear Becky:
Enclosed please find a Land Use Change Application for your use to file with the
Irrigation District for its review on the above -referenced development. If this
development is under a "rush" to be finalized, I would recommend that you submita
cashier's check, money order or cash as payment of the fees in order to speed the
process up. If you submit a company or personal check, it must clear the bank before
processing the application.
Should this development be planning a pressure urban irrigation system that will be
owned, operated and maintained by the Irrigation District, I strongly urge you to
coordinate with John P. Anderson, Water Superintendent for the Irrigation District
concerning the installation of the pressure system. Enclosed is a questionnaire that you
must fill out and return in order to initiate the process of contractual agreements between
the owner/developer and the Irrigation District for the ownership, operation and
maintenance of the pressure urban irrigation system.
If you have any questions concerning this matter, please feel free to call on me at the
District's office or John Anderson, at the District's shop.
Sincerely,
Donna N. Moore,
Assistant Secretary/Treasurer
Cc: File
Water Superintendent
West Pine Development — Ron Walsh
Chet Pipkin (owner)
City of Meridian
Enc.,
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
JAN -08-1999 16:13 FROM
4
TO
•
8874813 P.01
BRIGGS ENGINEERING, Inc. 1800 West Overland Road
Boise, Idaho 83705 — 3142
ENGINEERS / PLJ1NKM / SURVEYOR$ Voice (208) 344-9700
Fax (208) 345-2950
E-mail BEldaho@Compuserve.com
January 8, 1999
RECE'VED
Mr. Will Berg
Mr. Bruce Freckleton
Ms. Shari Stiles
City of Meridian
33 East Idaho Street
Meridian, Idaho 83642
Re: Seabury Village Subdivision
(Preliminary Plat & Conditional Use Permit)
General Comments:
CITY OF MERIDIAN
)
1. Internal ditches will be piped unless it can be substantiated that the ditches have been
abandoned.
2. No domestic wells or septic systems are present on the subject property.
3. A test bole was excavated near the street extension of Idaho Street. Groundwater was
encountered at 6.5 feet. Additional monitoring information will be provided with the
construction plans.
4. The applicant will prepare protective covenants for City Attorney review with the final plat.
5. Five-foot sidewalks will be provided on the Idaho Street extension.
6. No new street names are proposed within the development.
7. Fire hydrant locations will be coordinated with City staff.
8. The subject property lies within a 500 -year floodplain as delineated on the FEMA maps.
(Panel 1 of 4, 160180 000 IA)
9. Responses will be submitted on January 8, 1999.
Site Specific Comments:
I . Applicant will extend the sewer main through the development in the Idaho Street aliamnent.
2. Applicant will extend the water main through the property in the Idaho Street alignment.
3. No information has been found indicating irrigation or drainage ditch easements exist on the
parcel.
4. Street light locations will be coordinated with City staff and street lights will be installed by
the applicant.
5. Nampa and Meridian Irrigation District indicates existing water rights for the subject
property. However, adjoining property owners have stated that the ditches in this area have
980612\CityMer-ttr
JAN Oe '99 15:18 PAGE.01
JAN -08-1999 16:14 FROM
0
TO
L
8874813 P.02
been abandoned. Further research is required to verify if an adequate water supply is
available to provide pressurized irrigation to the lots.
6. Perimeter six-foot fencing will be installed by the applicant prior to the issuance of building
permits.
7. Ada County Highway District has reviewed the project and determined the two driveways
on Lot 2, Block 2 and Lot 4, Block 1 will function as a "T" turnaround. A temporary
turnaround easement will be required (ACHD Site Specific Condition 5). The applicant will
obtain Meridian Fire Department approval for the turnaround.
8. Applicant will install wheel restraints within the parking stalls.
9. Driveway locations should not interfere with the parking stalls since ACH:D has requested
the approach be reduced to 20 -feet or 16 -feet.
10. Applicant concurs with staff.
11. The applicant will provide a detailed landscape plan for staff approval prior to the issuance
of a building permit.
12. The applicant will coordinate trash enclosure locations with Meridian Sanitary Services and
if central trash enclosures are required the facility will be screened as requested by staff.
13. Existing and proposed utilities were shown only on the preliminary plat. Staff instructed me
to remove topographic information from the site plan to improve readability. The site plan
was revised per staff's verbal comments at the submittal stage.
The site plan can be revised to include existing and proposed utilities if staff wishes.
14. Applicant will provide documentation on eligibility of one time split (out parcel).
Please call me if you have any questions.
Sincerely,
BRIGGS ENGINEERING, Inc.
J
L. Bo c
Land Use Planner 0�
BLB:fc
9S0612\CityMer-1u
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JAN 08 '99 15:19 PAGE.02