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Home My WebLink AboutSundance L.L.C. CUPf f LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD AND WEST HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE LEGAL DEPARTMENT A Good Place to Live Council Memherc (208) 884-426-1 CITY OF MERIDIAN MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY (os) 88 7-22 11 MERIDIAN, IDAHO 83642 _ C, I TIANNING RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4131-) AND ZONING KEITH BIRD1 DEPARTMENT J h N , 1 1999 (208) 834-5533 SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) KEITH BIRD, C/C TRANSMITTAL TO AGENCIES -FOR COMMENTS ON DEVELOPMENT PROJECTS _GLENN BENTLEY, C/C 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: July 6, 1999 TRANSMITTAL DATE: June 7, 1999 HEARING DATE: July 13, 1999 FILE NUMBER: CUP -99-018 REQUEST: CONDITIONAL USE PERMIT FOR 300 UNITS OF MULTI -FAMILY RENTALS FOR ZONING R-15 BY: SUNDANCE, L.L.C. LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD AND WEST OF LOCUST GROVE RD TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) THOMAS BARBEIRO, P/Z ADA COUNTY HIGHWAY DISTRICT BYRON SMITH, P/Z ADA PLANNING ASSOCIATION KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH ROBERT CORRIE, MAYOR �RON NAMPA MERIDIAN IRRIGATION DISTRICT ANDERSON, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) KEITH BIRD, C/C U.S:WEST(PRELIM & FINAL PLAT) _GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) , _WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL) DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT _SEWER DEPARTMENT ADA COUNTY (ANNEXATION) _BUILDING FIRE DEPARTMENT POLICE DEPARTMENT YOUR CONCISE R_ EMA S: CITY _ -ATTORNEY i _CITY ENGINEER f F r, _CITY PLANNER ' APARTMENT COMPLEX ON LOCUST GROVE AND OVERLAND IS APPROVED BY PLANNING AND ZONING " '^ - ►S%�,i�o DATE: September 1. 1999 TO: Homeowners Adjacent to Locust Grove and Overland FROM: Group For Strong Family Neighborhoods RE: Next Steps to Defeat Construction of Apartment Complex On August 25`s, the Meridian Planning` and Zoning Commission approved a request for rezone on land West of Locust Grove and North of Overland.. The Commission also approved a plan to develop a 300 - unit apartment complex on that land. The Following are key points of the meeting: • The Ada County Highway and Sewer Departments gave quick recommendations for the re -zone even when future expansion of Overland is not completely clear. • The Meridian School District recognizes capacity problems and gave a reluctant approval. • The Commission recognized opposition testimony and 60 signatures but still approved the complex. • The Developer set aside a portion of the development for rent -assisted, lower income housing. (The City of Meridian likes the rent -assisted designation because it helps qualifications for federal funds.) • The Developer stated that this will be an "opened space" complex. However 25+ buildings will be constructed on the small parcel of land. The Developer is an astute and smooth talking businessman from Utah. He told us that "he felt our pain." It is now time to let him feel his own pain as we defeat this development as it goes before the city council on September 21, 1999 at A= o'clock p.m. The only way we will defeat this future detriment to our neighborhoods is'to appear in force at the City Council Meeting. We will need at least 100 people to attend and make our voices heard. We will need to voice alternative solutions and not just complaints. If you want to keep crime low, maintain a family friendly neighborhood, and not lose value on your home, you will need to help. The first priority is to attend. The second would be to sign the petition below. Thank you for your help defeating this development. Even if you signed the last petition, please do so again for the City Council. Please fill out the bottom of this page and return it to Bruce & Edith Waite Dear members of the Meridian City Council. I oppose the construction of the Sundance Apartment Complex that is to be built on Overland and Locust Grove and request that the City of Meridian approves developments that add..value to Meridian neighborhoods. Name Signature Address_ Phone BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST ) CUP -99-018 FOR CONDITIONAL USE PERMIT FOR ) 300 -UNIT MULTI -FAMILY HOUSING ) ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE BY SUNDANCE, L.L.0 ) PERMIT . 1 The above entitled conditional use permit application having come before the City Council on the 21st day of September, 1999, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., and the Council having received the record of this matter from the Planning and Zoning Commission. including the Planning and Zoning Commission's Recommendation to City Council, and the City Council taking judicial notice of the Record in Case No. AZ -99-009, and Shari Stiles, Planning and Zoning Administrator, and appearing and testifying on behalf'of the Applicant were: Peter Cooke, President of PSC Development Company, and Keith Bennett of PSC Development- Company, and appearing and testifying in opposition were: Mike Sloan, Mary Martell, Scott Jarvis, Freda Babbitt, Sonya Rassmuson, Barbara McCoy, Dan Scott, Robyn Develle, Kohli, Mike Howell, Gary Campbell, Brian Diffendaffer, Scott Dodett, Dave Cavorada, Shelly Jackson, Debbie Fogg Moncrieff, Darwin Walls, Jan Wilson, Stacey Fogg, Ted Southerland, Stan ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT/ BY.SUNDANCEA.L.C. - 1 a 11 Young, Virginia Christensen, Larry Weston, Nathan Haskley, Kimberly Wendt, Jerry Riley, Connie Berta Don Nicholson, Dena Weber, Bruce Waite, Ed McCormick, r Denise Johnston, Brook Brimhall, Kent Corder, John Traska and Mark Cohen, and the Council having duly considered the matter makes the following Findings of Fact and Conclusions of Law and Decision and Order. FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629 - January 4, 1994 and Maps. 2. Staff has complied with the requirements of I.C. § 67-6509 and 67- 6512 and §§ 11-2-416 E and 11-2-418 E. 3. The Council does for purposes of this dismissal Order and adopt the Findings of Fact and Conclusions of Law in Case No. AZ -99-009, which is the annexation and zoning designation application for the subject property. ORDER OF DISMISSAL OF APPLICATION NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE D i k ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT / BY SUNDANCE, L.L.C. - 2 L APPEARING, and specifically due to the fact that the subject real property will not be annexed into the City of Meridian, and based upon the City Council action of denial of the application for annexation and zoning designation and, the City therefore having no jurisdiction to issue a conditional use permit, this application is therefore dismissed. The City Council of the City of Meridian hereby adopts and approves this Decision and Order of Denial. DECISION OF DENIAL ROLL CALL: COUNCILMAN ANDERSON COUNCILMAN BENTLEY COUNCILMAN BIRD COUNCILMAN ROUNTREE VOTED VOTED VOTED VOTED- (,q&-5�— MAYOR ROBERT D. COR`RIE (TIE BREAKER) VOTED DATED:— Q --� ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT / BY SUNDANCE, L.L.C. - 3 . 7 , MOTION: .APPROVED: DISAPPROVED: A w F { F Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and the City Attorney. } By - ~ )"42 Dated: �� City Cleric Of- msgfZ:\WOrk\M\Meridian 15360M\Sundance Village\FFCLOrdCUPDenial SEAL _ 9� � �sr 1sA ,P1v I P 1 i r k t 1 E 6 f' i } 6 ORDER OF DISMISSAL OF APPLICATION FOR } CONDITIONAL USE PERMIT / BY SUNDANCE, L.L.C. - 4 l { r .! 0 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) Case No. AZ -99-009 REQUEST FOR ANNEXATION ) AND ZONING OF 20.35 ACRES ) FINDINGS OF FACT AND FOR THE PROPOSED ) CONCLUSIONS OF LAW AND SUNDANCE VILLAGE NORTH ) DECISION AND ORDER OF OF OVERLAND AND WEST OF ) DENIAL LOCUST GROVE, MERIDIAN, ) IDAHO ) BY SUNDANCE, L.L.C. The above entitled annexation and zoning application having come on for public hearing on September 21, 1999, at the hour of 7:00 o'clock p.m., Shari Stiles, Planning and Zoning Administrator, and appearing and testifying on behalf of the Applicant were: Peter Cooke, President of PSC Development Company, Keith Bennett of PSC Development Company, and Todd Hollow of Deer Mountain, and appearing and testifying in opposition were: Mike Sloan, Mary Martell, Scott Jarvis, Freda Babbitt, Sonya Rassmuson, Barbara McCoy, Dan Scott, Robyn Develle, Kohli, Mike Howell, Gary Campbell, Brian Diffendaffer, Scott Dodett, Dave Cavorada, Shelly Jackson, Debbie Fogg Moncrieff, Darwin Walls, Jan Wilson, Stacey Fogg, Ted Southerland, Stan Young, Virginia Christensen, Larry Weston, Nathan Haskley, Kimberly Wendt, Jerry Riley, Connie Berta, Don Nicholson, Dena Weber, Bruce FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER OF DENIAL / SUNDANCE, L.L.C. - PROPOSED SUNDA'NCOVILLAGE Waite, Ed McCormick, Denise Johnston, Brook Brimhall, Kent Corder, John Traska and Mark Cohen, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for September 21, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property, under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the September 21, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER OF DENIAL / SUNDANCE, L.L.C. - PROPOSED SUNDANCE VILLAGE forth in Idaho Code §§ 67-6509 and 67-6511, and §§11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps ,thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 20.35 acres in size. 5. The three owners of record of the subject property are: Idaho King Corporation, of 2995 N. Cole Road, Ste. 255, Boise, Idaho; Locust Grove Properties of 2995 N. Cole Road, Ste. 255, Boise, Idaho; and Rex, Phyllis, Max and Blanche Swindell of 2995 N. Cole Road, Ste. 255, Boise, Idaho. 6. Applicant is Sundance L.L.C., of 132 S. 600 E., Salt Lake City, Utah. 7. The property is presently zoned'by Ada County as Ada County Rural Transitional (R -T), and consists of storage of manufactured homes and two abandoned houses. S. The Applicant requests the property be zoned as Medium High Density Residential (R-15). 9. The proposed site of the subject property is located on the northwest corner of Overland Road and Locust Grove Road and south of I-84. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER OF DENIAL / SUNDANCE, L.L.C. - PROPOSED SUNDANCE VILLAGE 10. 1 The subject property is bordered to the north by Meridian City General Retail and Service Commercial (C -G) zone, and 1-84, to the west by Timothy Subdivision and Nine Mile Creek, to the south by Sportsman's Point Subdivision and to the east.by Ada County Rural zoning. The city limits of the City of Meridian are ;adjacent and abut to the north, and south property lines of the subject property. 11. The property which is the subject of this application is within the Area of hnpact of the City of Meridian. _a 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: by construction and development of 300 units of multi -family rentals a including 100 2 -bedroom units and 200 3 -bedroom units. i 14. The Applicant requests zoning of the subject real property as Medium High Density Residential District (R-15). 15. Persons who are residents and property owners that reside in the area of the proposed development are concerned with the high density residential development at the location adjacent to the intersection of Locust Grove and Overland Road, which has considerable traffic congestion, particularly at peak hours of the day for commuter traffic with no present plan of the highway district, in FINDINGS,OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER OF DENIAL/ ° 2 SUNDANCE, L.L.C. - PROPOSED SUNDANCE VILLAGE conjunction with the development, to widen Overland or Locust Grove, or to extend Locust Grove over Interstate 1-84 to the, north of the subject property. They were also concerned about school capacity, safety of additional residents using the existing streets which have no sidewalks, concerns for adequate police and fire coverage, and the impact and compatibility of a high density residential development to the north of their existing low density development. 16. The land mass for the proposed site is 20.35 acres, which as proposed would include 100 two (2) bedroom units, 200 three (3) bedroom units with a density of 14.8 units.per acre, with 618 parking stalls and one main entrance onto Overland Road, and an auxiliary emergency entrance on Locust Grove for the entire complex. 17. The proposed development will consist of nicely designed apartment units with just over 51.5% open space which will be nicely landscaped. 18. Overland Road is required to have a minor arterial with a bike lane designation;, there was a traffic count of 10,054 vehicles taken on 7-16-98, and the proposed development will have frontage of 620 -feet to Overland. 19. Overland Road is improved with`a 2 -lane street section with no curb, gutter or sidewalk abutting the area. Overland Road between SH -69 and Locust Grove is listed as "funded" in the Ada County Highway District's 5 -Year Work Program for 2002. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER OF DENIAL / SUNDANCE, L.L.C. PROPOSED SUNDANCE VILLAGE 20. Mary McPherson Elementary School is over capacity. Lake Hazel Middle School is at capacity and will remain so until the fifth middle school comes on line in the fall of 2000. Meridian High School is also over capacity. 21. The proposed development will house ninety-nine (99) elementary aged children, seventy-five (75) middle school aged children, and sixty-eight (68) senior high aged students. 4 22. The proposed development, including the construction and occupation of 300 residential units, which will all be required to ingress and egress onto Overland Road, is capable of housing 750 to a 1,000 people. 23. Given the present conditions of public educational facilities in the area, and the present condition of Overland Road as a two (2) lane narrow street, with over 10,000 cars a day in traffic, and the fact that Locust Grove is not a through street to the north over Interstate I-84,the proposed development and zoning at this time is not compatible with the Comprehensive Plan of the City of Meridian, Adopted December 21, 1993, Ordinance #629 January 4, 1994,for the following reasons: 23.1 The allowance of this proposed project is not consistent with the following community values stated as key to the Comprehensive Plan at page 1 therein: 23.1.1 Manage growth to achieve high-quality development. 23.1.2 New growth should finance public service expansion. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER OF DENIAL / SUNDANCE, L.L.C. - PROPOSED SUNDANCE VILLAGE 23.1.3 Prevent school overcrowding/enhance education services. 23.2 Goals of the Comprehensive Plan at page 5, including Goal 2 and 7; and 23.3 School Siting Goal Statement Siting Policies at page 14, section 3.5; and 23.4 Land Use Goal Statements at page 23, section 1.8U; and 23.5 Transportation Goal Statement Policies at page 54, section 1.4U and 1.10U, and at page 55, section 1.20U; and 23.6 Facility Development Goal Statement Policies at pages 55 and 56, sections 3.3 and 3.7, which have not yet happened; and 23.7 Housing Policies at pages 67 and 68, sections 1.6 and 1.19; and 23.8 Neighborhood Identity Goal Statement at page 74, sections 6.5U and 6.6U. 24. The size and density of the proposed residential development as conditions exist today regarding public school facilities, and existing roads and streets, serving the subject area would result in adverse impact upon those services. 25. It is found to not be in the best interests of the City of Meridian to annex the subject property, at this time, given the subject development proposal. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real`property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER OF DENIAL / r SUNDA.NCE, L.L.C. - PROPOSED SUNDANCE VILLAGE Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11- _. l..m$ i 2-417 provides the City may annex real property that is within the Meridian Urban Service,Planning Area as set forth in the City's Comprehensive Plan. 2. The City Council may take judicial notice of government ordinances, ` and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The requested zoning of Medium High Density -Residential District, (R- 15), is defined in the Zoning. Ordinance at 11-2-408 B.5. as follows: (R 15) Medium High Density Residential District: The purpose of the (R-15) District is to permit the establishment of medium-high density single-family attached and multi -family dwellings at a density not exceeding fifteen (1.5) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space `corridor,` and be connected to the Municipal. Water and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. 5. That in § 11-2-417 A it provides in part that: "if the Commission and Council approve an annexation request, the Commission and Council shall insure that said annexation is in accord with this Ordinance.and the Comprehensive Plan." FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER OF DENIAL / SUNDANCE, L.L.C. - PROPOSED SUNDANCE VILLAGE 6. The application is found not to be in conformance with the Comprehensive Plan of the City of Meridian in particular with: 6.1 The allowance of this proposed project is not consistent with the following community values stated as key to the Comprehensive Plan at page 1 therein: 6.1.1 Manage growth to achieve high-quality development. 6.1.2 New growth should finance public service expansion. 6.1.3 Prevent school overcrowding/enhance education services. 6.2 Goals of the Comprehensive Plan at page 5, including Goal 2 and 7; and 6.3 School Siting Goal Statement Siting Policies at page 14, section 3.5; and 6.4 Land Use Goal Statements at page 23, section 1.8U; and 6.5 Transportation Goal Statement Policies at page 54, section I AU and 1.10U, and at page 55, section 1.20U; and 6.6 Facility Development Goal Statement Policies at pages 55 and 56, sections 3.3 and 3.7, which have not yet happened; and 6.7 Housing Policies at pages 67 and 68, sections 1.6 and 1.19; and 6.8 Neighborhood Identity Goal Statement at page 74, sections 6.SU and 6.6U. 7. Idaho Code § 67-6511(c) provides in matters where the City Council is considering a zoning designation application as follows: "If the request is found by the governing board to be in conflict with the adopted plan, or would result in demonstrable adverse impacts upon the delivery of services by any political subdivision providing public services, FINDINGS OF FACT AND' CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER OF DENIAL/ SUNDANCE, L.L.C. - PROPOSED SUNDANCE VILLAGE including school districts, within the planning jurisdiction, the °governing board may require the request to be submitted to the planning or,.planning and zoning commission or, in absence of a commission, the governing board may consider an amendment to the comprehensive plan pursuant to the notice and hearing procedures provided in„section 67-6509, Idaho Code. After the plan has been amended, the zoning ordinance may then be considered for amendment pursuant to section 67-6511(b), Idaho Code.” S. Idaho Code § 67-6512 (a) provides the authority to grant special and/or conditional use permits" .... when it is not in conflict with the plan." [referring to the Comprehensive Plan.] 9. The City's authority to make and enforce ordinances are confined to within the City's boundaries as provided in Article XII § 2 of the Constitution of the State of Idaho. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: 1) That the application for annexation is denied. 2) Based upon the section set forth in item no. 1 the application for zoning designation is dismissed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER OF DENIAL / SUNDANCE, L.L.C. ' - PROPOSED SUNDANCE VILLAGE 0. NOTICE OF FINAL ACTION .4 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 denial of the annexation and zoning 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 the Z__fA day of 1999. ROLL CALL: COUNCILMAN ANDERSON VOTED COUNCILMAN BENTLEY VOTED COUNCILMAN BIRD VOTED COUNCILMAN ROUNTREE VOTED MAYOR ROBERT D. CORRIE (TIE BREAI(ER) VOTED DATED: Z.0 JC' qt FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER OF DENIAL 1 SUNDANCE, L.L.C. - PROPOSED SUNDANCE VILLAGE MOTION: APPROVE DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By: �� 1 Dated: !-1-1-3 1ty Cleric 4444�,u n rrrrrr�r� 014`'`hl��'''�, msg/Z:\Wor1-\M\N1eridian 15360M\Sundance Vi11age\FFCL0rdAZDEN1,U _ SEAL _ SE. 9G^G COQ odu FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER OF DENIAL / SUNDANCE, L.L.C. - PROPOSED SUNDANCE VILLAGE October 1, 1999 MERIDIAN CITY COUNCIL MEETING: OCTOBER 5, 1999 APPLICANT: SUNDANCE, LLC A ITEM* 11 REQUEST: CONDITIONAL USE PERMIT FOR 300 UNITS OF MULTI -FAMILY HOMES AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED MEMORANDUM CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST`: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 71 _ v,IT —. interoffice k TV1, MEMORANDUM To: William G. Berg, r. From: Marlene St. Ge Subject: SUNDANCE, L.L.0 / CUP -99-018 Date: September 30, 1999 Will: Please find enclosed the. ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT, in the above matter. I have prepared this ORDER in anticipation of the City Council's action in Sundance, L.L.C.'s annexation and zoning, Case No. AZ -99-009. If the Council approves the proposed Findings of Fact and Conclusions of Law and Decision and Order in item no. A7--99-009, then the Council could proceed to consider this proposed CUP DISMISSAL ORDER. msg/Z:\Work\M\Meridian 15360M\Sundance Village\CityClkCUPDismissalOrder.ltr BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST ) CUP -99-018 FOR CONDITIONAL USE PERMIT FOR ) ORDER OF DISMISSAL 300 -UNIT MULTI -FAMILY HOUSING OF APPLICATION FOR CONDITIONAL USE BY SUNDANCE, L.L.0 ) PERMIT The above entitled conditional use permit application. having come before the City Council on the 21st day of September, 1999, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho; at the hour of 7:30 o'clock p.m., and the Council having received the record -of this matter from the Planning and Zoning Commission including the Planning and Zoning Commission's Recommendation to City Council, and the City Council taking judiciai notice of -the Record in Case No. AZ -99-009, and Shari Stiles, Planning and Zoning Administrator, and appearing and testifying on behalf of the`Applicant were: Peter Cooke, President of PSC Development Company, and Keith Bennett of PSC Development Company, and appearing and testifying in opposition were: Mike Sloan, Mary Martell, Scott. jarvis, Freda Babbitt, Sonya Rassmuson, Barbara McCoy, Dan Scott, Robyn Develle, Kohli, Mike Howell, Gary Campbell, Brian Diffendaffe`r, Scott Dodett, Dave Cavorada, Shelly, Jackson, Debbie Fogg Moncrieff, Darwin Walls, Jan Wilson, Stacey Fogg, Ted Southerland, Stan ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT / BY SUNDANCE, L.L.C. - 1 '. Young, Virgirnia ,Christensen, Larry Weston, Nathan Haskley, IGmberly Wendt, Jerry Riley, Connie Berta, Don Nicholson, Dena Weber, Bruce Waite, Ed McCormick, Denise Johnston, Brook Brimhall, Kent Corder, John Traska and Mark Cohen, and the Council having duly considered the matter makes the following Findings of Fact and Conclusions of Law and Decision and Order. FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. The City Council takes -judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629 - January 4, 1994 and Maps. 2. Staff has complied with the requirements of I.C. § 67-6509 and 67- 6512 and §§ 1'1=2-416 E and 11-2-418 E. 3. The' Council does for purposes of this dismissal Order and adopt the Findings of Fact and Conclusions of Law in Case No. AZ -99-009, which is the annexation and zoning designation application for the subject property. ORDER OF DISMISSAL OF APPLICATION NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND GOODCAUSE ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT / BY SUNDANCE, L.L.C. - 2 APPEARING, and specifically due to the fact that the subject real property will not be annexed into the City of Meridian, and based upon the City Council action of denial of the application for annexation and zoning designation and, the City therefore having no jurisdiction to issue a conditional use permit, this application is therefore dismissed. The City Council of the City of Meridian hereby adopts and approves this Decision and Order of Denial. DECISION OF DENIAL ROLL CALL: COUNCILMAN ANDERSON VOTED COUNCILMAN BENTLEY VOTED COUNCILMAN BIRD VOTED COUNCILMAN ROUNTREE VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT / BY SUNDANCE, L.L.C. - 3 MOTION: APPROVED: DISAPPROVED: _ Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By: City Cleric Dated: msg/ZAWork\M\Meridian 15360M\Sundance Village\FFCLOrdCUPDenial ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT / BY SUNDANCE, L.L.C. - 4 .4 -- October 1, 1999 MERIDIAN CITY COUNCIL MEETING: OCTOBERS 1999 APPLICANT: SUNDANCE LLC _ ITEM #: 10 REQUEST: FF&CL ANNEXATION & ZONING OF 20.35 ACRES (FOR R-15 ZONING) OF LAND FOR PROPOSED 300 UNITS OF MULTI -FAMILY RENTAL (PROPOSED SUNDANCE APARTMENT HOMES) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEEATTACHED FINDINGS 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: e ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ..i-� 3 li 9vd J' i n t e r o f f i c e C g M E M O R A N D U M To: William G. Berg, Jr., Cit Clerk From: Marlene St. Georgy Subject: SUNDANCE VILLAGE BY SUNDANCE, L.L.C. File: AZ -99-009 Date: September 30, 1999 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL, pertaining to the above matter. Please note this application was denied at the September 21, 1999, City Council meeting. These Findings are now ready to be placed upon a City Council meeting agenda. If you have any questions please advise. msg/ZAWor1,\N1\Meridian 15360M\Sundance Vi11age\CityC1kFfC1sdeniaHtr BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) Case No. AZ -99-009 REQUEST FOR ANNEXATION ) AND ZONING OF 20.35 ACRES ) FINDINGS OF FACT AND FOR THE PROPOSED ) CONCLUSIONS OF LAW AND SUNDANCE VILLAGE NORTH ) DECISION AND ORDER OF OF OVERLAND AND WEST OF ) DENIAL LOCUST GROVE, MERIDIAN, ) IDAHO ). BY SUNDANCE, L.L.C. The above entitled annexation and zoning application having come on for public hearing on September 21, 1999, at the hour of 7:00 o'clock p.m., Shari Stiles, Planning and Zoning Administrator, and appearing and testifying on behalf of the Applicant were: Peter Cooke, President of PSC Development Company, Keith Bennett of PSC Development: Company, and Todd Hollow of Deer Mountain, and" appearing and testifying in opposition were: Mike Sloan, Mary Martell, Scott Jarvis, Freda Babbitt, Sonya Rassmuson, Barbara McCoy, Dan Scott, Robyn Develle, Kohli, y Mike Howell, Gary Campbell, Brian Diffendaffer, Scott Dodett, Dave Cavorada, Shelly Jackson, Debbie Fogg Moncrieff, Darwin Walls, Jan Wilson, Stacey Fogg, Ted Southerland, Stan Young, Virginia Christensen, Larry Weston, Nathan Hasldey, 0. Kimberly Wendt, Jerry Riley, Connie Berta, Don Nicholson, Dena Weber, Bruce FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER OF DENIAL / SUNDANCE, L.L.C. - PROPOSED SUNDANCE VILLAGE Waite, Ed McCormick, Denise Johnston, Brook Brimhall, Kent Corder, John Traska and Mark Cohen, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT I. The notice of public hearing on the application for annecation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for September 21, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the September 21, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION, AND ORDER OF DENIAL/ SUNDANCE, L.L.C. - PROPOSED SUNDANCE VILLAGE El forth in Idaho Code §§'67-6509 and 67-6511, and §§11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. fi 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the -Impact Area Boundary. 4. The property is approximately 20.35 acres in size. 5. The three owners of record of the subject property are: Idaho King Corporation, of 2995 N. Cole Road, Ste. 255, Boise, Idaho; Locust Grove Properties of 2995 N. Cole Road, Ste. 255, Boise, Idaho; and Rex, Phyllis, Max and Blanche Swindell of 2995 N. Cole Road, Ste. 255, Boise, Idaho. 6. Applicant is Sundance L.L.C., of 132 S. 600 E., Salt Lake City, Utah. 7. The property is presently zoned by Ada County as Ada County Rural Transitional (R -T), and consists of storage of manufactured homes and two abandoned houses. 8. The Applicant requests the property be zoned as Medium High Density Residential (R-15). 9. The proposed site of the subject property is located on the northwest corner of Overland Road and Locust Grove Road and south of I-84. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER OF DENIAL / SUNDANCE, L.L.C. '- PROPOSED SUNDANCE VILLAGE 10. The subject property is bordered to the north by Meridian City General Retail and Service Commercial (C -G) zone, and 1-84, to the west by Timothy Subdivision and Nine Mile Creek, to the south by,Sportsman's Point Subdivision and to the east by Ada County Rural zoning. The city limits of the City of Meridian are adjacent and -abut to the north,, and south property lines of the subject property. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban -'Service Planning Area is defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: by construction and development of 300 units of multi -family rentals including 100 2-bedro6m units and 200 3�-bedroom units. 14. The Applicant requests zoning of the subject real property as Medium High Density Residential District (R-15). 15. Persons -who are residents and property owners that reside in the area of the proposed development are concerned with the high density residential development at the location adjacent to the intersection of Locust Grove and Overland Road, which has considerable traffic congestion, particularly at peak hours of the day for commuter traffic with no present plan of the highway district, in FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER OF DENIAL/ SUNDANCE, L.L.C. - PROPOSED SUNDANCE VILLAGE conjunction with the development, to widen Overland or Locust Grove, or to extend Locust Grove over Interstate I-84 to the north of the subject property. They were also concerned about school capacity; safety of additional residents using the existing streets which have no sidewalks, concerns for adequate police and fire coverage, and the impact and compatibility of a high density residential development to the north of their existing low density development. 16. The land mass for the proposed site is 20.35 acres, which as proposed would include 100 two (2) bedroom units, 200 three (3) bedroom units with a density of 14.8 units per acre, with 618 parking stalls and one main entrance onto ' Overland Road, and an auxiliary emergency entrance on Locust Grove for the entire complex. 17. The proposed development will consist of nicely, designed apartment units with just over'51.5% open space, which will be nicely landscaped. 18. Overland Road. is required to have a minor arterial with a bike lane designation; there was a traffic count of 10,054 vehicles taken.on 7-16-98, and the - proposed development will have frontage of 620 -feet to Overland. 19. Overland Road is improved with a 2 -lane street section with no curb, gutter or sidewalk abutting the area. Overland Road between SH -69 and Locust Grove is listed as "funded" in the Ada County Highway District's 5 -Year Work Program for 2002. _. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER OF DENIAL / SUNDANCE, L.L.C. - PROPOSED SUNDANCE VILLAGE 20. Mary McPherson Elementary School is over capacity. Lake Hazel Middle School is at capacity and will remain so until the fifth middle school comes on line in the fall of 2000. Meridian High School is also over capacity. 21. The proposed development will house ninety-nine (99) elementary aged children, seventy-five (75) middle school aged children, and sixty-eight (68) senior high aged students. 0 22. The proposed development, including the construction and occupation I of 300 residential units, which will all be required to ingress and egress onto p Overland Road, is capable of housing 750 to a 1,000 people. a 23. Given the present conditions of public educational facilities in the area, and the present condition of Overland'Road as a two (2) lane narrow street, with over 10,000 cars a day in traffic, and the fact that Locust Grove is not a through street to the north over Interstate I-84,the proposed development and zoning at this time is not compatible with the Comprehensive Plan of the City of Meridian, Adopted December 21, 1993, Ordinance #629 January 4, 1994,for the following reasons: .�s 23.1 The allowance of this proposed project is not consistent with the following community values stated as key to the Comprehensive Plan at page l.,therein: 23.1.1 Manage growth to achieve high-quality devel`opm'ent. 23'. 1.2 New growth should finance public service expansion. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER OF DENIAL / SUNDANCE, L.L.C. - PROPOSED.SUNDANCE VILLAGE 23.1.3 Prevent school overcrowding/enhance education services. 23.2 Goals of the Comprehensive Plan at page 5, including Goal 2 and 7; and 23.3 School Siting Goal Statement Siting Policies at page 14, section 3.5; and 23.4 Land Use Goal Statements at page 23, section 1.8U; and 23.5 Transportation Goal Statement Policies at page 54, section I AU and 1.10U, and at page 55, section 1.20U; and 23.6 Facility Development Goal Statement Policies at pages 55 and 56, sections 3.3 and 3.7, which have not yet happened; and 23.7 Housing Policies at pages 67 and 68, sections 1.6 and 1.19; and 23.8 Neighborhood Identity Goal Statement at page 74, sections 6.5U and 6.6U. 24. The size and density of the proposed residential development as conditions exist today regarding public school facilities, and existing roads and streets, serving the subject area would result in adverse impact upon those services. 25. It is found to not be in the best interests of the City of Meridian to annex the subject property, at this time, given the subject development proposal. f CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER OF DENIAL / SUNDANCE, L.L.C. - PROPOSED SUNDANCE VILLAGE Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 1I- 2-417 provides the City may annex -real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The City Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 1. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The requested zoning of Medium High Density Residential District, (R- 15), is defined in the Zoning Ordinance at 11-2-408 B. 5. as follows: (R-15) Medium High Density Residential District: The purpose of the (R-15) District is to permit the establishment of medium-high density single-family attached and multi -family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation£arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. 5. That in § I:1-2-417 A it provides in part that: "If the Commission and Council approve an annexation request, the Commission and Council shall insure that said annexation is in accord with this Ordinance and the Comprehensive Plan." FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER OF DENIAL/ SUNDANCE, L.L.C. - PROPOSED SUNDANCE VILLAGE 6. The application is found not to be in conformance with the Comprehensive Plan of the City of Meridian in particular with: 6.1 The allowance of this proposed project is not consistent with the following community values stated as key to the Comprehensive -Plan at page 1 therein: 6. 1.1 Manage growth to achieve high-quality development. 6.1.2 New growth should finance public service expansion. 6.1.3 Prevent,school overcrowding/enhance education services. 6.2 Goals of the Comprehensive Plan at page 5, including Goal 2 and 7; and 6.3 School Siting Goal Statement Siting Policies at page 14, section 3.5; and 6A Land Use Goal Statements at page 23, section 1.8U; and 6.5 Transportation Goal Statement Policies at page 54, section 1 AU and 1.10U, and at page 55, section 1.20U; and 6.6 Facility Development Goal Statement Policies at pages 55 'and 56, sections 3.3 and 3.7, which have not yet happened; and 6.7 Housing Policies at pages 67 and 68, sections 1.6 and 1.19; and 6.8 Neighborhood Identity Goal Statement at page 74, sections 6.5U and 6.6U. 7. Idaho Code § 67-6511(c) provides in matters where the City Council is considering a zoning designation application as follows: "If the request is found by the governing board to be in conflict with the adopted plan, or would result in demonstrable adverse impacts upon the delivery of services by any political subdivision providing public services, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER OF DENIAL/ SUNDANCE, L.L.C. - PROPOSED SUNDANCE VILLAGE N including school districts, within the planning jurisdiction, the governing board may require the request to be submitted to the planning or planning and zoning commission or, in absence of a commission, the governing board may consider an amendment to the comprehensive plan pursuant to the notice and hearing procedures provided in section 67-6509, Idaho Code. After the plan has been u amended, the zoning ordinance may then be considered for amendment pursuant to section 67-6511(b), Idaho Code." S. Idaho Code § 67-6512 (a) provides the authority to grant special and/or conditional use permits" .... when it is not in conflict with the plan." [referring to the Comprehensive Plan.] 9. .The City's authority to make and enforce ordinances are confined to within the City's boundaries as provided in Article XII §..2 of the Constitution of the State of Idaho. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACTAND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: 1) That the application for annexation is denied. 2) Based upon the section set forth in item no. 1 the application for zoning designation is dismissed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10- AND DECISION AND ORDER OF DENIAL / SUNDANCE, L.L.C. - PROPOSED SUNDANCE VILLAGE 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 reaPproperty which may be adversely affected by the denial of the annexation and zoning 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 the , 1999. ROLL CALL: COUNCILMAN ANDERSON VOTED COUNCILMAN BENTLEY VOTED COUNCILMAN BIRD VOTED COUNCILMAN ROUNTREE VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER,OF DENIAL / SUNDANCE, L.L.C. - PROPOSED SUNDANCE VILLAGE day of MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By: City Cleric Dated: msg/ZAWork\M\fv1eridian 15360M\Sundance Village\FFCLOrdAZDENIAL FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER OF DENIAL / SUNDANCE, L.L.C. - PROPOSED SUNDANCE VILLAGE ADA PLANNING ASSOCIATION 413 West Idaho Street • Suite 100 • Boise, ID 83702-6064 ]RFcF;1vED JUN 2 5 1999 CITY OF MERIDIAN PLANNING & ZONING MEMORANDUMr TO: Shari Stiles, Planning Director FROM: Sue Hansen, Technical Analyst DATE: June 22, 1999 RE: AZ -99-009 & CUP-99-018,SSundance Apartments_ - Ada Planning Association (APA) staff has had an opportunity to review the above referenced file. The following comments address the consistency with the long-range transportation plan, the current APA demographic projections, land use/transportation issues, and alternative transportation provisions. Consistency with the Long-range Transportation Plan: The proposed development is a 300 unit apartment complex located between Overland Rd. and 1-84, west of Locust Grove Rd. Access to the project is proposed on both Overland Rd. and Locust Grove Rd. Both . Roads are identified as minor arterials on the Functional Street Classification Map, despite the fact that Locust Grove Rd. ends north of the interstate. The applicable long-range transportation plan is Destination 2015, adopted February 26, 1996, which does not identify any major roadway projects in the immediate vicinity of this project. However, there is a recommendation in the proposed update to the long-range plan, Destination 2020, to extend Locust Grove Rd. south to Overland Rd. over the interstate. Demographics: The proposed project is located in Traffic Analysis Zone JAZ) 287. APA estimates a total household increase of 246 in that TAZ between the years 2000 and 2010. The project would consume more than expected for that TAZ.°This type of discrepancy typically occurs with rezones as APA estimates are based on current zoning, without conditional uses an6without regard to rezones. Land Use/Transportation Issues: The latest traffic count on Overland Rd. west of Locust Grove Rd. was 7,848 vehicles, taken on September 16, 1996. The traffic count on Locust Grove Rd. north of Overland Rd. was 176 vehicles, taken on September 14, 1995. If the extension of Locust Grove Rd. over the interstate is constructed as proposed in Destination 2020, traffic could increase to over 7,000 vehicles per day according to APA's traffic model, which is based on our demographic estimate. Since this project proposes more households than is currently estimated, traffic could increase over our model estimates. It is the opinion of APA staff that a Level of Service (LOS) C would not be exceeded. Typically, a single family dwelling unit generates 11 average daily trips (ADT). However, because of the apartment design each dwelling is estimated to generate 5.8 ADTs, or 1740 trips per day for the entire project. (208) 345-5274 0 Fax (208) 345-5279 0 www.planning.cogdd.us The project proposes adequate internal pedestrian circulation'. The location of the project is prohibitive of any external circulation. The interstate is on the north, the Nine Mile drain on the west, Overland Rd. on the south and Locust Grove Rd. on the east. Alternative Transportation: APA staff supports a transportation management plan be developed in connection with this project. With the proposed density, coordination of residents and their commutes could be established in a transportation plan. The transportation plan should be submitted to Ada County Highway District for review and approval. The specific strategies should identify how the development will meet trip reduction criteria during peak hours. Thank you for the opportunity to comment. If you have any questions, please do not hesitate to call me. SH:JJ SHWeridian\SundanceApts pc: File: 640.09 City of Meridian —1-� Mayor ` ROBERT D. CORRIE City Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Fax (208) 888-4218 8/z5/qc DEPAR ;(205533 • Faz 887-1297 E-ke t, Augur 4, 1999 2 D To: Planning & Zoning Commission, Mayor and City Council Pit o�� It ,999 Idy From: Bruce Freckleton, Assistant to City Engineer Glork 0Fri, ee Brad Hawkins -Clark, Assistant Planner ei�AC Re: Request for Annexation and Zoning of 20.35 Acres to R-15 with a Conditional Use Permit for a 300 -Unit Apartment Complex by Sundance, L.L.C. We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: COMPREHENSIVE PLAN POLICIES The ..1993 Comprehensive Plan contains a variety of goals and policies that are relevant to this application. Staff has selected the following sections that most directly apply to the proposed' project. Goals Section Goal 4: To provide housing opportunities for all economic groups within the community. Goal 8: To establish compatible and efficient use of land through the use of innovative and functional site design. Goal 9: To encourage a balance of land use patterns to ensure"that revenues pay for services. The subject property is located in an area designated as Mixed/Planned Use Development in the Meridian Comprehensive Plan. Economic Development Chapter 3.1 U — Approve quality housing projects that meet the needs of all economic levels. 3.2U — Encourage efforts to develop and maintain quality neighborhoods and housing. Land Use Chapter Goal: All land use development in the Meridian area will be considered an asset to the community and 1. not detract from our quality of life. 2. IU — Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. 2.5U — Encourage compatible infill development which will improve existing neighborhoods. AZ-99-009/CUP-99-018 Sun&wMpts.AZ.CUP.doc P&Z Commission/Mayor &" Council 08/24/99 Page 2 5.16U All development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. 5.17U A variety of coordinated,,:planned and compatible land uses are desirable for this area, including'low to -high density residential, office, light industrial 5.18U Existing residential properties will be protected from incompatible land -use development in this area. Screening and buffers will be incorporated into all development requests in this area. Natural Resources and Hazardous Areas Chapter 1. I U Identify and protect areas with special characteristics such as stream corridors, canals, and wetlands. Control and preserve the natural beauty of Ten Mile Creek, South Slough, and Five Mile Creek. 2.1U Development Vong major *drainage ways will be restricted to ensure that development does not cause additional ground or surface water contamination. Natural Waterways Goal Statement: The community will protect natural waterway, corridors from degradation and manage them as a valuable resource. 3.1U Manage and prevent unsuitable uses along drainageways and protect the flood plain of creeks and drains, 4. 1 Developments contiguous to natural waterways, irrigation canals, laterals and drainage ditches must consider all available information concerning floodplain waterways. Transportation Chapter ; - Both Overland and Locust Grove are designated as Minor Arterials in APA's Functional, Street Classification docum eW Due to their required width, Minor Arterials may serve as land use buffers for incompatible uses and boundaries between neighborhoods. Housing Chapter 1.1 The City intends tot provide for a wide diversity of housing types ...and choices between ownership and rental dwelling units. 1.4 The development of housing for all income groups close to, employment and shopping centers should be encouraged 1.9 The efficient use of land for public facilities, transportation systems, utilities, and the economic arrangement of buildings should be promoted. L 12 Land development regulations should be revised to encourage the infilling of existing vacant parcels within the city limits. 1.14 Design and performance standards should be apphW to infilling development in order to reduce, adverse impacts upon existing adjacent development. 1.15 Owners.or remnant residential parcels or partially -developed residential parcels should be encouraged to consolidate these properties where possible to prevent the proliferation of small parcels of vacant land within the city limits. AZ-99.009/CUPA9-018 Sun&WtAp ts-a.CUP.doc j a P&Z Commission/Mayor & Council 08/24/99 Page 3 1.19 High-density development, where possible, should be located near open space corridors or other permanent major open space and park facilities, and near major access thoroughfares. Open Space, Parks and Recreation Chapter 5.3 Any fish, wildlife and vegetation species and habitat should be protected and maintained along Five Mile, Nine Mile and Ten Mile Creeks, and the South Slough, provided it is in the best interests of the City of Meridian. Consideration should be made for the land uses in these areas to minimize the risk of pollution. 5.4 The City of Meridian will consult with the Idaho Department of Water Resources, Idaho Department of Fish and Game, and the Nampa -Meridian Irrigation District to explore and investigate the in4kmwitation of Waterway Environmental Projects for the purpose of improving and enhancing fish and wildlife habitat contiguous to Five Mile, Nine Mile and Ten Mile Creeks and the South Slough. Community Design Chapter 1.8 The appearance of natural creeks (Five Mile, Nine Mile, Ten Mile and South Slough) throughout commercial activity centers, industrial review areas, residential areas and Old Town should be improved and harmonized with adjoining land uses in order to protect water quality of the streams for beneficial uses, as well as to enhance their environmental amenities. 2.2U Encourage area beautification through uniform sign design that enhances the community. ANNEXATION AND ZONING COMMENTS OThis Annexation application includes six (6) separate legal parcels under three (3) separate property owners. All properties are currently RT in the County. The northernmost parcel adjacent to 1-84 (#SI 118449050 on the legal description map, owned by Idaho King Corp.) has been annexed and zoned C -G and is presently used to display manufactured homes. If the P&Z Commission recommends approval of the annexation and zoning to R 15 for the subject six (6) parcels, the applicant shall be required to submit a formai rezone application for Parcel #S 1118449050 from C -G to R 15. New legal descriptions shall be required, one for the rezone parcel, and one. for the parcel to be annexed The new legal descriptions shall be prepared to be adjacent and contiguous to the boundaries of the existing corporate city limits as described in Ordinances 523(1-2-90), 615(9-7-93), 578(6-2-92), and 715(9-19-95). The legal descriptions shall be prepared by a Registered Land Surveyor, licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. 2. The 43 acre parcel abutting the northeast of subject project is owned by a natural gas company and currently used for outdoor equipment and tool storage. There is a two-story, block commercial building on the lot. Bird Dog Lane is a private road off of Locust Grove near the proposed "Secondary Entry" location which services a barn and two mobile homes. There is a vacant, two-story house situated at the extreme southeast corner of the site. AZ-"-M/Cur-"-o18 SWWanceApMAZ.CUP.doo P&Z Commission/Mayor & Council 08/24/99 Page 4 3. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confim um on of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 4. 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. Ordinance No. 9-607.F. states that any conditions attached to a Final Development Plan for Planned Developer projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. Therefore, if the Commission intends to recommend approval of the Site Plan to the City Council as more or less represented in this application, staff do not feel a Development—Agroement should be a requirement of Annexation. As a safeguard, the Mixed/Planned Use Development district requires CUPs for all fixture development. CONDITIONAL USE COMMENTS 1. As this property is designated in the Meridian Comprehensive.Plan as a mixed planned use development area, a requirement of the annexation is that uses be developed as a planned unit development under the conditional use permit process. 2. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 3. On July 19, 1999, the APA Board moved the proposed Locust Grove/1-84 overpass from the Destination 2020 Plan (soft projection) to the' Transportation Improvement Plan (hard planning document). APA projects a dramatic increase in traffic for South Locust Grove when the overpass is constructed and they support a transportation management plan be developed for this project to coordinate the commuter needs of future residents. 4. The City of Meridian owns and maintains an existing 12" sanitary sewer trunk line along the west side of the Nine Mile Creek. Existing sanitary sewer, easements nor the Nine Mile Creek easements have been shown. Please revise the plan to show all existing easements. No encroachments into the existing sanitary sewer easements will be allowed. 5. Results of the Public Works Departments HYDRA sewer analysis indicates that this project should not be denied on the basis of capacity issues. Sanitary sewer service to this site will nz•99-009Xup-"-018 sun&=eApMAZ.CUP.(1W P&Z Commission/Mayor & Council 08/24/99 Page 5 be via an extension from the existing main adjacent to the proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Project designer to coordinate sizing and routing with the Public Works Department. 6. Water service to this site will be via extensions of existing mains installed adjacent to subject site. Applicant will be responsible to construct the water mains to and through this proposed development. Project designer to coordinate main sizing and routing with the Public Works Department 7. No signage details were submitted (design or location). Overland Road is designated as an Entryway Corridor and all signage should comply with the Comphrensive Plan policy of uniform sign design that enhances the community and is aesthetically -pleasing. Staff recommend monument signage. Detailed signage plans will be subject to design review and separate permits. 8. needs to show property boundary in relationship to both the centerline and future and existing right-of-way lines for both arterials. 9. There does not appear to be any storage areas provided on the site. Ordinance 9-607.H., Design Standards for Planned Developments — Residential (PD -R), requires storage areas to be provided for the anticipated needs of boats, campers and trailers. Applicant should revise plan to provide for appropriate number of storage stalls OR submit a letter to the Commission justifying reason(s) for not providing a storage area. 10. A minimum of two (2) parking stalls per dwelling unit must be provided on site. 11. For the number of parking spaces shown (618), a minimum of thirteen (13) handicapped accessible spaces would be required. Only nine (9) are shown. Apartments may require that each building have an accessible space and ramp. All applicable Fair Housing and ADA requirements for multi -family housing must be met. 12. Underground pressurized irrigation must be provided to -all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due to the landscape area, primary water supply connection to the City's mains will not be allowed. Developer shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 13. No fencing details were submitted .for the boundary adjacent to Nine Mile Drain. Non- combustible fencing is required. Please submit details. The fence should be designed considering public safety and aesthetics that match the high quality of the development. AZ-99-009/CUP-99-018 Sundance.Apu AZ.CUP.doc P&Z Commission/Mayor & Council 08/24/99 Page 6 14. Assessment fees for water and sewer service are determined during the building plan review process. 15. No drainage areas are shown within the development. State agencies recommend that drainage swales be used for pretreatment of stormwater. GENERAL REQUIREMENTS L. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 1 I -9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 4. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 6. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 7. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 8. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. nZ--99-009XUP-"-018 sunaenceAgO AZ.CUPAm P&Z Commission/Mayor & Council April 9, 1999 Page 7 SITE SPECIFIC COMMENTS 1. Provide revised site plan detailing all existing and proposed utilities for review by the Meridian Public Works Department. Designer is to coordinate sizing and routing of sanitary sewer and waxer within the development with the Public Works Department. 2. Provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 3. Applicant shall be required to enter mto an Assessment Agreement with the City of Meridian. The landscape plan shows a 10 -foot buffer on the no _boundary with the natural gas business. All incompatible land uses require a minimum twenty foot (20') screen. Please revise Plan. 5. The landscape plan shows a 35 -foot buffer on Overland Road at the main entrance for approximatley 115 feet in both directions and then narrows to a 20 -foot buffer. Overland is designated as an entryway corridor in the Comprehensive Plan and requires the 35 -foot buffer along the entire frontage of the property (excluding drives) beyond the future right-of-way. Please revise plan. Note that street frontage landscape strips may be included in the required 10% open space calculation for Planned Developments. 6. The landscape plan shows a 20 -foot buffer along I-84. The freeway is designated as an entryway corridor in the Comprehensive Plan and requires the 35 -foot buffer along the entire frontage of the property. Please revise plan. Street frontage landscape strips may be included in the required 10% open space standard for Planned Developments. 7. The site plan tabulation shows the total open space area as 10.4 acres (51.5% of site). While no details of the calculation were submitted, it appears this calculation incorporates all drive and parking areas. Open space areas exclude vehicular and service areas. Please submit revised open space calculations. 8. Staff encourage site design and building layout to preserve the existing trees on the southeast parcel. 9. One three-inch (3") caliper trees is required per 1,500 s.£ of asphalt on the site. Calculations showing total asphalt area and required number of trees must be shown on face of landscape Plam 10. Particular attention will need to be paid to lighting plans to ensure I-84 traffic is not impacted by glare, as determined by the City of Meridian. SunftnMApftAZ.CUP.doc a P&Z Commission/Mayor & Council April 9, 1999 Page 8 11. Staff encourage the provision of five-foot pathways to provide for enhanced pedestrian circulation internal to the project, particularly between principal buildings/uses. 12. Applicant shall coordinate -locations and construction requirements with Meridian Sanitary Service, Inc., and provide a letter of approval from their office prior to applying for building permits. 13. Nine We Creek habitat should be protected and maintained, provided it is in the best interests of the City of Meridian. Consideration should be made for the land uses in these areas to minimize the risk of pollution and to preserve the natural beauty of Nine Mile Creek. 14. Staff reserves the right to prepare additional comments when a revised site plan has been received and approval letters are received from the applicable agencies regarding construction in the Five Mile Creek easement. I SwWaWeApts.AZ.CUP.dw MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 21.1999 APPLICANT: SUNDANCE LLC AGENDA ITEM NUMBER: 9 REQUEST,: CONDITIONAL USE PERMIT FOR 300 UNIT APARTMENT COMPLEX (SUNDANCE) AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITYATTORNEY: SEE ATTACHED RECOMMENDATION CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: CITY WATER DEPT: REVIEWED MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ,j Meridian Planning and Zoning Committee Special Meeting August 25, 1999 Page 44 Borup: It is going to be at least a °month. Sir you still have one more. We took care of annexation. We still have a conditional use permit. ITEM NUMBER 6: CONDITIONAL USE PERMIT FOR 300 UNITS OF MULTI -FAMILY. ` HOMES BY SUNDANCE, LLC—NORTH OF OVERLAND ROAD AND WEST OF LOCUST GROVE. Borup: Staff any additional comments? Hawkins: Request that our previous report be incorporated into this Item. Borup: Thank you. Rossman: Mr. Chairman if I might make one more comment. To clarify whether or not as it relates to Items 5 and 6 whether the previous testimony at the previous public hearing, was there a previous public hearing on this one? That that be incorporated into this preceding. Borup: Do you need a motion to that effect or just a statement Rossman: No, just needs to be put on the record. Borup: Okay. For the record, we wish to incorporate all previous public testimony and comment from previous hearings into tonight's hearing. Thank you. Applicant, would you like to come forward and—again you understood what we just did. The other was annexation and zoning. Before we can do a conditional use permit on property, it needs to be in the city. Cook: Right. That is a good idea. Now we want to talk about the zoning issue. Borup: Well no. We've handled the zoning now we are talking about the project itself. We realize that you have all ready addressed that and the questions have addressed that. I don't know that there is anything new that you have to add, but this is your opportunity. Cook: Yeah, I have extensive°notes hereon that part! No I don't. Borup: Okay, you did not have anything more on the project then. While you are up here Mr. Cook again this is relating to the previous one, but you understood Mr. Freckleton's question on the legal description for that other parcel. That is also a zoning change on it. Okay, thank you. Any other questions from the Commission. De Weerd: I had some questions about the project itself Borup: For Mr. Cook? A" Meridian Planning and Zoning *Committee Special Meeting August 25, 1999 Page 45 De Weerd: For whom ever he would designate. They are on signage and on staff's comments, page 5 it refers to storage areas provided on site. Bennett: Keith Bennett. Regarding signage, we are proposing just one monument sign within the same 35 foot set backs on the corner of Locust and Overland that would be in a monument setting in the landscape. Any other signage there may be signage for addressing or whatever, but for project sign, that would be it. As far as storage, we typically in other developments have not had a major requirement of the tenants to have the storage we're referring to in the report if I am correct, is Bone Camper Storage, however we have designated when we did not continue this road an area that could accommodate that and be screened off in the back corner for that purpose. Hatcher: For a 300 facility, just from where l sit, seems a rather small storage area. I would make comment or recommendation that you look at possibly enlarging that space because your going to have a lot more RV's and stuff – Cook: Peter Cook. We handle that strongly through our CC&R's and usually do not allow -that storage on site and ask them to find places to store that. We have found when that does occur, no matter how much space you have, it never looks good. We have a very clean, high profile. We have a hard time with how covered parking effect the development, but we know a lot of people like it for the market value. So try to just move that off site and don't allow it in our CC&R's. That is how we have handled it and don't try to solve that issue on that side, because—what do you think? Hatcher: It doesn't matter what I think. Well, not with the way you do your business. If you can maintain the storage issue off site, I don't have a problem with. the limited amount shown. I guess I would just have to rely on your work that that's the way it is to be conducted. Cook: Again, if you take our trend -60 per cent, all most 85 per cent of our business is curb appeal. I don't want any really basically from the freeway, someone looking in and seeing somebody's old Winnebago out there and a bunch of junk. I don't want to maintain it. I, don't have to go through that process so I just say, thank you very much and by the way that goes out of here. That is in their lease. That's how we really handle that issue. We don't try to (inaudible) cause I don't think you can. Barbeiro: Mr. Chairman, Mr. Cook you said CC&R's being for a purpose. Cook: Your right and I corrected myself by saying a rental agreement. That was a good catch. You guys are tough. Barbeiro: Maybe"your going to turn them into condo's and sell them. Now we've got a whole new thing going. And your going to have a lot more neighbors over – G De Weerd: Mr. Chairman, I have a couple more questions for Mr. Bennett. It would have in regard to lighting in your interior, pathways and you amenities. Meridian Planning and Zoning Committee Special Meeting August 25, 1999 Page 46 Bennett: There obviously would be site lighting in the parking areas and it would be directly down as the staff has recommended so would not impede and cross into the glare of 184 or the surrounding properties. Regarding our path system that we have developed that meets the 5 foot sidewalk criteria, we would have interior pedestrian level lighting `that would meet there as well as each building would have it's entry lighting'as well. De Weerd: And you dumpster areas, are those screens. Bennett: Yes there dumpsters. There are shown strategically placed throughout'the site. As you see,1here would be a screen enclosure. Yes. De Weerd: I guess my last question would be for staff for drainage issues. Have those been adequately answered? Freckleton: Mr. Chairman, Commissioner De Weerd, the drainage issue has been addressed in our staff comments. They are required to submit a drainage plan that is designed by a licensed architect or engineer. There are certain guidelines that we can provide to the applicant as far as what we require for separation criteria to ground water. The Health Department also recommends using surface swales whenever possible for' pretreatment. These type of things can -be designed into the landscape features and actually look quite attractive. I think we are adequately covered and I think we dan work with the applicant on that. De Weerd: Okay. And for Brad I guess did they respond to your parking issue—the depth and the width. Hawkins: Can you -point out which number that is? De Weerd: I don't know. I took notes from the last meeting so I don't know where it would be. in your comments. Oh, I believe that was a verbal reference by Shari Stiles, if I remember right. I was not at that meeting, but was referring to the city requirement for 9 foot wide, 19 deep stalls which I think -you may have reflected a foot short -18 or 17, 1 don't know if that was a overhang issue there. Bennett: And in response to that I would say that we would meet all`city parking requirements. Meaning the 9 by 19 stall would be -included in the design. De Weerd: Okay, thank you. Borup: Any other questions? Barbeiro: Is it Karen Tima. I had a question for'her if I may please. With regards to the 60 signatures from your neighbors. The discussions of the fears that the traffic passing through Sportsman Pointe, the widening of the road and the existence of this project. Meridian Planning and Zoning Committee Special Meeting August 25, 1999 Page 47 with regards to the additional children in the school district. We do know the school district, while reluctant, did give their approval for that. We do know that while it may not be in 2002, very shortly after that, Overland Road will be widened. Be barely assured, and this is an assumption, that there will be a stop light at Overland and Locust Grove, based upon the amount of traffic especially with this addition of this item here, you have an apartment complex that appears to be very well designed architecturally, fairly low density architectural (inaudible) and a complex that is very, very child friendly. Have the questions and concerns that you had been addresses in such that your fears or concerns about this project have lessened a great deal or are you still"equally adamant about not having the project in your neighborhood. Tima: I think my concerns were addresses adequately with reservation. I am still concerned that the apartment complex will be built and ready for occupancy and filled up quickly before the road gets widened by maybe a year. Mr. Cook has stated that they are looking at maybe a year and a half. We are told that the road widening is set to begin in the year 2000, but you can not necessarily count on that. I arrf thinking even 6 months to a year can be havoc. I worry about safety on the road. I have driven off the road once and into the ditch because a car was passing a tractor that was going down Overland Road and was headed straight for me and I drove into the ditch instead of letting him drive into me. I fear that that type of thing will happen. I am concerned still that the road will be not happen in time and that the apartment complex will happen first. That is my main concern. Barbeiro: Thank you. I 'have no further questions Mr. Chairman, Borup: Any other Commissioners? Do we have any motions? Barbeiro: Mr. Chairman I move we close the public hearing. I withdraw my motion. Henze: The other thing we need to look out for is I don't know how apartment complex have done next to freeways where now l get the idea it is a very high end high nice looking apartment complex. But it sitting right on the freeway and I don't know if I want to pay top rent for an apartment building on a freeway. As a Commission and your approving this I think you need to keep in your mind, what happened ifit doesn't get the rent they want. They your going to see dilapidation. You going to see dump. Borup: Your Mr. Adkins, right? No. ******END OF SIDE 4****'`* Hatcher: Depending on how the developer and his team address that very issue, they could successfully or very inadequately deal with that problem. I would highly suggest that you take a look at the residential subdivision that is east of Cloverdale on the north side of the freeway. That residential subdivision is only 3 years old, I believe. It was built with a birm and a fence and high density fast growing vegetation which is a very Meridian Planning and Zoning Committee Special Meeting August 25, 1999 Page 48 effective sound buffer. In any subdivision Sportsman Pointe would benefit greatly besides just the apartment complex itself. Tina: I'm sorry, I though of one more comment.' Is there any way that we can have—be known from the developer what their record is of maintaining the ownership of their apartmentbuildings. He states that their intention but I am in business and I have heard that a lot. I was just wondering if there a way we can get some information from them on what their record is. Barbeiro: You've been fibbed to by a developer. Imagine that. What I might add to what we had a provisos recommendation to City Council, I would ask that the developers as a part of their information packet include a record of properties that they have developed in the past and continue to maintain and perhaps even offer a reference or two where they can make phone calls. Borup: Mr. Cook you can leave that information and phone number and address for something;,they can contact you. Cook: What I am thinking—one more thing. I think what we are going to do is just invite everybody around. Your right. I agree, a lot of business people tell you that. We have a long reference of banks. A long reference of mayor's, city council's, planning and zoning which we will submit for our references. We own over 2000 plus units and never sold one. We've been in business 15 plus years. Not to deal with what the rents are but the funding of this will be by Sun America. Basically what happens it's a multi billion dollar operation. It doesn't matter. They won't let it fail. That is our strong financial suit. We don't do into a local bank.' We are supported by a major corporation. One of the biggest in the country. That should make you feel better. Borup: So at this point— De Weerd: Mr. Chairman, I move that we close the public hearing. Barbeiro: I second the motion. Borup: All in favor? MOTION CARRIED: ALL AYES Borup: Thank you. What's next. Was the motion you started to make earlier? Barbeiro: Yes it was. Borup: Do we have a motion or discussion before. I like discussion. De Weerd: I have no comments. Meridian Planning and Zoning' Committee Special Meeting August 25, 1999 Page 49 Hatcher: I have none. Borup: Mr. Barbeiro, you've got to carry the discussion load Barbeiro: I want to reference back to the 60 people who signed off on a petition and acknowledge those people. Acknowledge Mr. Henze and Mrs. Tima on their coming here and their discussions and issues they brought before us that were very timely. Mr. Cook, you have taken what amounts to a crappy piece of land and done some very good work with it. It is amazing that you can put something so well set in a position that is –1 would never have envisioned putting something like that on the lot that you have. My compliments to you on that and I do hope that you can work it with the neighbors and come up with a very, very good information packet and make them feel better about what you are doing. I'm also very pleased that you are not a build, fill and dump developer. That you maintain your properties and take pride in your properties and what it amounts to, certainly you want your children to say my father built this. My father owns this. As you and you entire team seem to take a great deal of pride in what you done. My compliments on that. Borup: Anything else? Okay. So we can either sit here or make a motion. Hatcher: Mr. Chairman, I move that we approve to City Council the recommend to City Council the condition use permit for 300 multi -family home by Sundance, LLC with one additional stipulation to what staff has all ready added. I would like the developer to seriously look -at and incorporate within his drawings the proper sound buffers along the freeway. It is only to his own benefit that that be adequately done for his future tenants and for the future value of the community and the area. Rossman: Mr. Chairman, is that a condition or a request? Hatcher: if I could make it a condition, I would make it a condition. Rossman: Sound buffering—nothing would prevent you from making that a condition. If you want to make that a condition, you can certainly include that in you motion. Hatcher: I would include in the motion as a condition for recommendation. Borup: Their site plan shows solid plantings all along the freeway now. Hatcher: Absolutely. They are talking about a solid vynal fence. They are showing growth and not showing any birms. I think it is a minor issue that can be addressed with going with a preliminary plat.to final construction documents. I just want it to be on record that it is a requirement and not go off of what we discussed tonight just verbal agreements. Rossman: Sir, the public hearing has been closed. Meridian Planning and Zoning Committee Special Meeting August 25, 1999 Page 50 De Weerd: I second that. Borup: I thought.l heard a nod from the applicant that that would probably be okay. We have a motion and a second. All in favor? MOTION CARRIED: ALL AYES. Borup: Mr. Bennett. Anything presented needs to be entered in for public record. It will be here next time for you to use. It will go to the City Council along with the recommendation. For the record, we've had one more Commissioner join us, Mr. 'Kent Brown is not in attendance. ITEM NUMBER 7. PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT FOR TERRACE LAWN MEMORIAL GARDENS, INC. BY CLARK DEVELOPMENT/BILL CLARK -4000 BLOCK FAIRVIEW AVENUE BETWEEN EAGLE ROAD & CLOVERDALE: Borup: Commissioners, I am sure that we all realize that we do have a special next week to specifically address Comprehensive Plan changes. De Weerd: Mr. Chairman that is on September 30tH Borup: I'm sorry. I keep wanting to move that up a month. Next month, not next week. Staff who is doing the presentation—Brad is? Steve, I mean. This double teaming gets me confused, I'm sorry. Siddoway: Mr. Chairman and Commissioners, this application before you at this time is a request by Clark Development for a Comprehensive Plan Amendment to change land use from single family residential to mixed residential. It is an 11.76 acre parcel. It's location is south of Fairview Avenue between Eagle Road and Cloverdale Road. To give you a little orientation, Crossroad Subdivision is here to the west of the parcel. North of the parcel is another proposed Comprehensive Plan Amendment that would expand the.,.Family Center, which is currently being developed here. This area has the Terrace Lawn Memorial Gardens in it. There is a large parcel to the south that is owned by the Seventh Day Adventist Church and the parcel to the east is in the Boise impact area, but is zoned or has a future"land use designation as medium density residential with 15 dwelling units per acre. It is currently vacant. The City of Meridian impact area follows the line right here so the east edge of this parcel is also the east edge of our impact area. You have before you some initial comments from staff which you just received tonight as well as the applicant. I will briefly just hit the highlights for you. Our current Comprehensive Plan designates this area as single family residential currently. This proposal is to change it for mixed residential. Publics Works Dept. has preliminary plans for a domestic water well in this area and Bruce Freckleton may want to address that issue in a little more detail when I am finished. The applicant does have a proposed concept plan for this parcel, which I .am sure he will go into in more detail. 1 will show'it here. It is for multi -family dwelling apartment complex. There are pros and Mavor HUB OF TREASURE VALLEY ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT ('_08)288-'_t99 - Fax 288-2501 City Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY INIERIDIAN, IDAHO 83642 (208) 887-2211 - Fax 887-1297 RON ANDERSON (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT (208) 88.1-5533 - Faz 887-1297 �{ Z v- -T-) MEMORANDUM: August'4, 1999 1' U To Planning & Zoning Commission, Mayor and City Council Cit From: Bruce Freckleton, Assistant to City Engineer Brad Hawkins -Clark, Assistant Planner.--? Re: Request for Annexation and Zoning of 20.35 Acres to R-15 with a Conditional Use Permit for a 300 -Unit Apartment Complex by Sundance, L.L.C. We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: COMPREHENSIVE PLAN POLICIES The 1993 Comprehensive Plan contains a variety of goals and policies that are relevant to this application. Staff has selected the following sections that most directly apply to the proposed project. Goals Section Goal 4: To provide housing opportunities for all economic groups within the community. Goal 8: To establish compatible and efficient use of land through the use of innovative and functional site design. Goal 9: To encourage a balance of land use patterns to ensure that revenues pay for services. The subject property is located in an area designated as Mixed/Planned Use Development in the Meridian Comprehensive Plan. Economic Development Chapter 3. 1 — Approve quality housing projects that meet the needs of all economic levels. 3.2U — Encourage efforts to develop and maintain quality neighborhoods and housing. Land Use Chapter Goal: All land use development in the Meridian area will be considered an asset to the community and not detract from our quality of life. 2.1 U — Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. 2.5U — Encourage compatible infill development which will improve existing neighborhoods. AZ-99-009/CUP-99-018 SundanceApts.AZ.CUP.doc P&Z Commission/Mayor & Council 08/24/99 Page 2 5.16U All development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. 5.17U A variety of coordinated, planned and compatible land uses are desirable for this area, including low -to -high density residential, office, light industrial 5.18U Existing residential properties will be protectedfrom incompatible land -use development in this area. Screening and buffers will be incorporated into all development requests in this area. Natural Resources and Hazardous Areas Chapter 1.1U Identify and protect areas with special characteristics such as stream corridors, canals, and wetlands. Control and preserve the natural beauty of Ten Mile Creek, South Slough, and Five Mile Creek. 2.1U Development along major drainage ways will be restricted to ensure that development does not cause additional ground or surface water contamination. Natural Waterways Goal Statement: The community will protect natural waterway corridors from degradation and manage them as a valuable resource. 3.1 U Manage and prevent unsuitable uses along drainageways and protect the flood plain of creeks and drains. 4.1U Developments contiguous to natural waterways, irrigation canals, laterals and drainage ditches must consider all available information concerning floodplain waterways. Transportation Chapter - Both Overland' and Locust Grove are designated as Minor Arterials in APA's Functional Street Classification document. Due to their required width, Minor Arterials may serve as land use buffers for incompatible uses and boundaries between neighborhoods. Housing Chapter 1.1 The City intends `to provide for a wide diversity of housing types ... and choices between ownership and rental dwelling units... 1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged. 1.9 The efficient use of land for public facilities, transportation systems, utilities, and the economic arrangement of buildings should be promoted. 1.12 Land development regulations should be revised to encourage the irfilling of existing vacant parcels within the city limits. 1.14 Design and performance standards should be applied to infilling development in order to reduce adverse impacts upon existing adjacent development. 1.15 Owners or remnant residential parcels or partially -developed residential parcels should be encouraged to consolidate these properties where possible to prevent the proliferation of small parcels of vacant land within the city limits. A2.99-009/CUP-99-018 SundanceApts.ALCUP.doc P&Z Commission/Niayor & Council 08/24/99 Page 3 1.19 High density development, where possible, should be located near open space corridors or other permanent major open space and park facilities, and near major access thoroughfares. Open Space, Parks and Recreation. Chapter 5.3 Any fish, wildlife and vegetation species and habitat should be protected and maintained along Five Mile, -Nine Mile and Ten Mile Creeks, and the South Slough, provided it is in the best interests of the City of Meridian. Consideration should be made for the land uses in these areas to minimize the risk of pollution. 5.4 The City of Meridian will consult with the Idaho Department of Water Resources, Idaho Department of Fish and Game, and the Nampa -Meridian Irrigation District to explore and investigate the implementation of Waterway Environmental Projects for the purpose of improving and enhancing fish and wee habitat contiguous to Five Mme, Nine Mile and Ten Mile Creeks and the South Slough Community Design Chapter 1.8 The appearance of natural creeks (Five Mile, Nine Mile, Ten Mile and South Slough) throughout commercial'activity centers, industrial review areas, residential areas and Old Town should be improved and harmonized with adjoining land uses in order to protect water quality of the streams for beneficial°uses, as well as to enhance their environmental amenities. 2.2U Encourage area beautification through uniform sign design that enhances the community. ANNEXATION AND ZONING COMMENTS ThisAnnexation application includes six'(6) separate legal parcels under three (3) separate property owners. All properties are currently RT in the County. The northernmost parcel adjacent to I-84 (#Sl 118449050 on the legal description map, owned by Idaho King Corp.) has been annexed and zoned C -G and is presently used to display manufactured homes. If the P&Z Commission recommends approval of the annexation and zoning to R-15 °for the subject six (6) parcels, the applicant shall be required to submit a formal rezone application for Parcel #S1118449050 from C -G to R-15. New legal descriptions shall be required, one for the rezone parcel, and one for the parcel to be annexed. The new legal descriptions shall be prepared to beadjacent and contiguous to the boundaries of the existing corporate city limits as described in Ordinances 523(1-2-90), 615(9-7-93), 578(6-2-92), and 715(9-19-95). The legal descriptions shall be prepared by a Registered Land Surveyor, licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. 2. The 4.3 acre parcel abutting the northeast of subject project is owned by a natural gas company and currently used for outdoor equipment and tool storage. There is a two-story, block commercial building on the lot. Bird Dog Lane is a private road off of Locust Grove near the proposed "Secondary Entry" location which services a barn and two mobile homes. There is a vacant, two-story house situated at the extreme southeast corner of the site. AZ-99-009/CUP-99-018 S undanceApts.AZ,CUP.doc P&Z Commission/Mayor & Council 08/24/99 Page 4 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 4. 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. 5. Ordinance No. 9-607.F. states that any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. Therefore, if the Commission Intends to recommend approval of the Site Plan to the City Council as more or less represented in this application, staff do not feel a Development Agreement should be a requirement of Annexation. As a safeguard, the Mixed/Planned Use Development district requires CUPS for all future development. CONDITIONAL USE COMMENTS 1. As this property is designated in the Meridian Comprehensive.Plan as a mixed planned use development area, a requirement of the annexation is that uses be developed as a planned unit development under the conditional use permit process. 2. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 3. On July 19, 1999, the APA Board moved the proposed Locust Grove/I-84 overpass from the Destination 2020 Plan (soft projection) to the Transportation Improvement Plan (hard planning document). APA projects a dramatic increase in traffic for South Locust Grove when the overpass is constructed and they support a transportation management plan be developed for this project to coordinate the commuter needs of future residents. 4. The City of Meridian owns and maintains an existing 12" sanitary sewer trunk line along the west side'of the Nine Mile Creek. Existing sanitary sewer easements nor the Nine Mile Creek easements have been shown. Please revise the plan to show all existing easements. No encroachments into the existing sanitary sewer easements will be allowed. 5. Results' of the Public Works Departments HYDRA sewer analysis indicates that this project should not be denied on the basis of capacity issues. Sanitary sewer service to this site will AZ-99-009/CUP-99-018 S undanceApts.AZ.CUP.doc b P&Z Commission/Mayor & Council 08/24/99 Page 5 be via an extension from the*existing main adjacent to the proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Project designer to coordinate sizing and routing with the Public Works Department. 6. Water service to this site will be via extensions of existing mains installed adjacent to subject site. -Applicant will be responsible to construct the water mains to and through this proposed development. Project designer to coordinate main sizing and routing with the Public Works Department 7. No signage details were submitted (design or location). Overland Road is designated as an Entryway Corridor and all signage should comply with the Comphrensive Plan policy of uniform sign design that enhances the community and is aesthetically -pleasing. Staff recommend monument signage. Detailed signage plans will be subject to design review and separate permits. 8. needs to show property boundary in relationship to both the centerline and future and existing right-of-way lines for both arterials. 9. There does not appear to be any storage areas provided on the site. Ordinance 9-607.H., Design Standards for Planned Developments — Residential (PD -R), requires storage areas to be provided for the anticipated needs of boats, campers and trailers. Applicant -should revise plan to provide for appropriate number of storage stalls OR submit a letter to the Commission justifying reason(s) for not providing a storage area. 10. A minimum of two (2) parking stalls per dwelling unit must be provided on site. 11. For the number of parking spaces shown (618), a minimum of thirteen (13) handicapped accessible spaces would be required. Only nine (9) are shown. Apartments may require that each building have an accessible space and ramp. All applicable Fair Housing and ADA requirements for multi -family housing must be met. 12. Underground pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due to the landscape area, primary water supply connection to the City's mains will not be allowed. Developer shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 13. No fencing details were submitted for the boundary adjacent to Nine Mile Drain. Non- combustible fencing is required. Please submit details. The fence should be designed considering public safety and aesthetics that match the high quality of the development. AZ-99-009/CUP-99-0I 8 SundanceApts.AZ.CUP.doc P&Z Commission/Mayor & Council 08/24/99 Page 6 14. Assessment fees for water and sewer service are determined during the building plan review process. 15. No drainage areas are shown within the development. State agencies recommend that drainage swales be used for'pretreatment of stormwater. GENERAL REQUIREMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans" will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic ondomestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 4. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 6. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 7. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 8. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. AZ-99-009/CUP-99-018 SundanceApts.AZ.CUP.doc i P&Z Commission/Mayor & Council April 9, 1999 Page 7 SITE SPECIFIC COMMENTS 1. Provide revised site plan detailing all existing and proposed utilities for review by the Meridian Public Works Department. Designer is to coordinate sizing and routing of sanitary sewer, and water within the development with the Public Works Department. 2. Provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 3. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 4. The landscape plan shows a 10 -foot buffer on the northeast boundary with the natural gas business. All incompatible land uses require a minimum twenty foot (20') screen. Please revise plan. 5. The landscape plan shows a 35 -foot buffer on Overland Road at the main entrance for approximatley 115 feet in both directions and then narrows to a 20 -foot buffer. Overland is designated as an entryway corridor in the Comprehensive Plan and requires the 35 -foot buffer along the entire frontage of the property (excluding drives) be and the future right-of-way. Please revise plan. Note that street frontage landscape strips may be included in the required 10% open space calculation for Planned Developments. 6. The landscape plan shows a 20 -foot buffer along I-84. The freeway is designated as an entryway corridor in the Comprehensive Plan and requires the 35 -foot buffer along the entire frontage of the property. Please revise plan. Street frontage landscape strips may be included in the required 10% open space standard for Planned Developments. 7. The site plan tabulation shows the total open space area as -10.4 acres (51.5% of site). While no details of the calculation were submitted, it appears this calculation incorporates all drive and parking areas. Open space areas exclude vehicular and service areas. Please submit revised open space calculations. 8. Staff encourage site design and building layout to preserve the existing trees on the southeast parcel. 9. One three-inch (3") caliper trees is required per 1,500's.f of asphalt on the site. Calculations showing total asphalt area and required number of trees must be shown on face of landscape plan. 10. Particular attention will need to be paid to lighting plans to ensure I-84 traffic is not impacted by'glare, as determined by the City of Meridian. SundanceApts.AZ.CUP.doc P&Z' Commission/Mayor & Council April 9, 1999 Page 8 11. Staff encourage the provision of five-foot pathways to provide for enhanced pedestrian circulation internal to the project, particularly between principal buildings/uses. 12. Applicant shall coordinate locations and construction requirements with Meridian Sanitary Service, Inc., and provide a letter of approval from their office prior to applying for building permits. 13. Nine Mile Creek habitat should be protected and maintained, provided it is in the best interests of the City of Meridian. Consideration should be -made for the land uses in these areas to minimize the risk of pollution and to preserve the natural beauty of Nine Mile Creek. 14. Staff reserves the right to prepare additional comments when a revised site plan has been received and approval letters are received from the applicable agencies regarding construction in the Five Mile Creek easement. so - s undance.Apts.az.CUP.doc HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 233-2499 . Fax 288-2501 City Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT w (208) 884-55335533 • Faz 887-1297 RECEIVE JUL p 9 1699 id City of Meridian MEMORANDUM: City -Clerk Office July 9, 1999 To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Assistant to City Engineel�� Shari Stiles, P&Z Administrator G� Re: Bear Creek Subdivision Annexation & Zoning/Preliminary Plat Sundance , LLC Request for Annexation & Zoning/CUP for 300 Apartments English Gardens Request for Preliminary Plat Due to the fact that computer modeling for these'projects was not able to be completed (see attached memos from Brad Watson, Assistant City Engineer), we have not been able to complete our reviews of the project. A major contingency on all of these projects will be whether the present sewer system is able to accept the flows to be generated from these developments. Therefore, we respectfully request that the five public hearings referenced above be continued until such time as serviceability is determined. Continue BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR 300 -UNIT MULTI -FAMILY HOUSING SUNDANCE, L'.L.C., Applicant Case No. CUP -99-018 RECOMMENDATION TO CITY COUNCIL INTRODUCTION 1. The property is located on the northwest corner of Overland Road and Locust Grove Road, Meridian, Idaho. 2. The three owners of record of the subject property are Idaho King Corporation, of 2995 N. Cole Road, Ste. 255, Boise, Idaho; Locust Grove Properties of 2995 N. Cole Road, Ste. 255, Boise, Idaho; and Rex, Phyllis, Max and Blanche Swindell of 2995 N. Cole Road, Ste. 255, Boise, Idaho.. 3. Applicant is Sundance, L.L.C., of 132 S. 600 E., Salt Lake City, Utah. 4. The subject property is currently zoned Ada County Rural Transitional (R -T) and there is a pending application for Meridian City Medium High Density Residential (R-15 ). The zoning district of R-15 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408(5). 5. The proposed application requests a conditional use permit for RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT—SUNDANCE, LLC — 300 UNIT MULTI- FAMILY HOUSING construction and development of 300 units of multi -family housing, 1'00 2 -bedroom units, 200 3 -bedroom units. The subject property is designated Mixed Planned Unit Development in the Meridian Comprehensive Plan. The R-15 zoning designation within the City of Meridian Zoning and Development Ordinance requires a. conditional use permit be obtained in this instance. (Meridian City Zoning and Development Ordinance, Section 11-2-409(a)). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan as enumerated in the Recommendations of Approval to the City Council for Annexation and:Zoning of the Subject Property. 7. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. S. The Meridian Planning and Zoning Commission takes note of and recognizes the concerns of neighboring residents with regard to traffic on Overland Road and Locust Grove Road, as well as impact on traffic through Sportsmen's Point Subdivision. , 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 RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT—SUNDANCE, LLC — 300 UNIT MULTI- FAMILY HOUSING permit as requested by the applicant, subject to the following: Adopt the Meridian Fire Department's Recommendations as follows: 1.1 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 1.2 All roads will be constructed before building is started with appropriate street name signs. 1.3 Additional fire hydrants shall be added. 1.4 A fire sprinkler system shall be installed in all buildings. 1.5 The emergency access road should be used for regular ingress and egress. If the road remains an emergency access road only, there can be no parking of vehicles, trailers or equipment in the emergency access roadway. 1.6 Approved barricade by Meridian City and Ada County Highway District. Adopt the Central District Health Department's Recommendations as follows: 1.7 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health SL Welfare, Division of Environmental Quality. 1.8 Run-off is not to create a mosquito breeding problem. 1.9 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.10 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT—SUNDANCE, LLC — 300 UNIT MULTI- FAMILY HOUSING Adopt the Nampa Sz Meridian Irrigation District Recommendations as follows: 1.11 Applicant shall submit a Land Use Change/Site Development application for review prior to final platting. 1.12 Requires all laterals and wasteways be protected. 1.13 All municipal surface drainage shall be retained on site. 1.14 Developer must comply with Idaho Code.§ 31-3805. Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.15 No encroachments into the existing sanitary sewer easements will be allowed. 1.16 Sanitary sewer service to this site will be via an extension from the existing main adjacent to the proposed development. Applicant will be responsible for construct of the sewer mains to and through this proposed development. Project designer shall coordinate main sizing and routine with the Public Works Department. 1.17 Applicant will be responsible for construction of the water mains to and through this proposed development. Project designer shall coordinate main sizing and routine with the Public Works Department. 1.18 Overland Road is designated as an Entryway Corridor and all signage should comply with the Comprehensive Plan policy of uniform sign design that enhances the community and is aesthetically -pleasing. Staff recommend monument signage. Detailed signage plans will be subject to design review and separate permits. 1.19 Ordinance 9-607.H., Design Standards for Planned Developments - Residential (PD -R), requires storage areas to be provided for the anticipated needs of boats, campers and trailers. Applicant should revise plan to provide for appropriate number of storage stalls OR submit a letter to the Commission justifying reason(s) for not providing a storage RECOMMENDATION TO CITY COUNCIL - 4 CONDITIONAL USE PERMIT—SUNDANCE, LLC — 300 UNIT MULTI- FAMILY HOUSING area. 1.20 A minimum of two (2) parking stalls per dwelling unit must be provided on site. 1.21 For the number of parking spaces shown (618), a minimum of thirteen (13) handicapped accessible spaces would be required. Only nine (9) are shown. Apartments may require that each building have an accessible space and ramp. All applicable Fair Housing and ADA requirements for multi -family housing must be met. 1.22 Underground pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the r proposed landscaping. Due to the landscape area, primary water supply connection to the City's mains will not be allowed. Developer shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 1.23 Applicant shall provide fencing details for the boundary adjacent to Nine Mile Drain. Non-combustible fencing is required. The fence should be designed considering public safety and aesthetics that match the high quality of the development. 1.24 Assessment fees for water and sewer service are determined during the building plan review process. 1.25 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 1.26 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance RECOMMENDATION TO CITY COUNCIL - 5 CONDITIONAL USE PERMIT—SUNDANCE, LLC — 300 UNIT MULTI- FAMILY HOUSING 11 Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 1.27 Off-street parking shall be provided in accordance'with Section 11-2- 414 of the City of Meridian Zoning and Development Ordinance. 1.28 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.29 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed -of on-site. 1.30 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 1 1-2-414.D.3. 1.31 All signage shall be in accordance with the standards set forth in Section 11-2415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 1.32 Five -foot -wide sidewalks shall be constructed in accordance with City Ordinance Section 1 1-9-606.B. All construction shall conform to the. requirements of the Americans with Disabilities Act. w 1.33 Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored With the Meridian Water Department to determine whether adequate fire protection exists. 1.34 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 1.35 All incompatible land uses require a minimum twenty foot (20') screen. Applicant shall revise site plan to show appropriate buffer on the RECOMMENDATION TO CITY COUNCIL - 6 CONDITIONAL USE PERMIT—SUNDANCE, LLC — 300 UNIT MULTI- FAMILY HOUSING northeast boundary with the natural gas business. 1.36 The landscape plan shows a 35 -foot buffer on Overland Road at the main entrance for approximately 1`15 feet in both directions and then narrows to a 20 -foot buffer. Overland is designated as an entryway corridor in the Comprehensive Plan and requires the 35 -foot buffer along the entire frontage of the property (excluding drives) beyond the future right-of-way. Plan shall be revised'to address this issue. Note that street frontage landscape strips may be included in the required 10% open space calculation for Planned Developments. 1.37 The landscape plan shows a 20 -foot buffer along 1-84. The freeway is designated as an entryway corridor in the Comprehensive Plan and requires the 35 -foot buffer along the entire frontage of the property. Plan shall be revised to address this issue. Street frontage landscape strips may be included in the required 10% open space standard for Planned Developments. 1.38 The site plan tabulation shows the total open space area as 10.4 acres (51.5% of site). While no details of the calculation were submitted, it appears this calculation incorporates all drive and parking areas. Open space areas exclude vehicular and service areas. Applicant shall submit revised open space calculations. 1.39 Staff encourage site design and building layout to preserve the existing trees on the southeast parcel. 1.40 One three-inch (3") caliper tree is required per 1,500 s.f. of asphalt on the site. Calculations showing total asphalt area and required number of trees must be shown on face of landscape plan. 1.41 Particular attention will need to be paid to lighting plans to ensure 1-84 traffic is not impacted by glare, as determined by the City of Meridian. 1.42 Staff encourage the provision of five-foot pathways to provide for enhanced pedestrian circulation internal to the project, particularly between principal building/uses. RECOMMENDATION TO CITY COUNCIL - 7 CONDITIONAL USE PERMIT—SUNDANCE, LLC — 300 UNIT MULTI- 4 rf FAMILY HOUSING I 1.43 Applicant shall coordinate locations and construction requirements with Meridian Sanitary Service, Inc., and provide a letter of approval from their office prior to applying for building permits. 1.44 Nine Mile Creek habitat should be protected and maintained, provided it is in the best interests of the City of Meridian. Consideration should be made for the land uses in these areas to minimize the risk of pollution and to preserve the natural beauty of Nine Mile Creek. The Planning and Zoning Commission further recommends: 1.45 The applicant shall incorporate appropriate sound buffering along the I-84 freeway corridor. ey/ZAWorlc\MWteridian 15360M\Sundance Village\CUP.Rec 6 RECOMMENDATION TO'CITY COUNCIL - 8 CONDITIONAL USE PERMIT—SUNDANCE, LLC — 300 UNIT MULTI- FAMILY HOUSING Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON, KEITH BIRD HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO NIERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT ('_08)884 -4264 - PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the, Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 6, 1999 TRANSMITTAL DATE: June 7, 1999 HEARING DATE: July 13, 1999 FILE NUMBER: CUP -99-018 REQUEST: CONDITIONAL USE PERMIT FOR 300 UNITS. OF MULTI -FAMILY RENTALS FOR ZONING R-15 BY: _ SUNDANCE. L.L.C. LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD AND WEST OF LOCUST GROVE RD _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C -KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT SEWER DEPARTMENT !_BUILDING DEPARTMENT AFIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER 4.000Co - 7 O- _8; MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATIONDISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: G T L L Co S w; L,4- N.[ta fo /3 Q Yli. -/civ W', I L N.e zS) iL0 3.0_ CCoUSI _4 ,o- R:t q S%s ( ,aI �.-- 11,0-- 4cY az 7"/.o_ AGc? 3-5 RoAcP S-(�o j n /3 e s R� Lw r_.. Gt sT () Ro � i Inc �'C �1 �F lkeLl �� %��►� s ia-s e9- '�-�-�f-�,v<< f-�eers, /D��-tel l r.�o,�.¢_ C�;-��, %3 � `� Iv(!fir-�iaC fi Uuatxtcelay' / /r�.L7/ S� O� G �,(. "/Vo ;Oi A— io 'I /��}g.2 / C,4C(cZc� %1'I�.-[ cr�/ ✓ L'= /7 HUB OF TREASURE VALLEY ` Mayor LEGAL DEPARTMENT A Good Place to Live ROBERT D. CORRIE (208) 884-4264 ;I Members CITY OF MERIDIAN PUBLIC WORKS BUILDING DEPARTMENT CHARLES ROUNTREE 33 EAST IDAHO (208) 887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 Phone (208) 888-4433 Fax (208) 887-M 3-7?T,] T\/-7LANNING AND ZONING RON ANDERSON','. jj DEPARTMENT KEITH BIRD , � 7�9 9 n (208) 884-5533 .a !� Ci Ii; '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: July 6 1999 TRANSMITTAL DATE: June 7, 1999 HEARING DATE: July 13 1999 FILE NUMBER: CUP -99-018 REQUEST: CONDITIONAL USE PERMIT FOR 300 UNITS OF MULTI -FAMILY RENTALS FOR ZONING R-15 BY: SUNDANCE L.L.C. LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD AND WEST OF LOCUST GROVE RD TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY ~CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION 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: CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Environmental Health Division Return to: ILALTH F DEPARTMENT Rezone # C.o��-Use # Preliminary / Final / Short Plat Boise 7RF ❑ Eagle J U N 6 1999 ❑ Garden City Meridian (TY OF S RIDU- Kuna ❑ ACz ❑ I. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. _ 4 ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual `sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study. to assess the impact of nutrients"and pathogens to receiving ground waters and/or surface waters. .,1. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. �(8. After written approval from appropriate entities are submitted, we can approve this proposal for: Al6central sewage ❑ community sewage system ❑ community water well ❑ interim sewage central water [Iindividual sewage individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines KVcentral water 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store ❑ 14. Date: `i2 t• v�C��rr T" � r , . �✓ �io,�• f Reviewed By: diff, Review Sheet [DHD 10/91 reb, rev. 7/91 CE'-�TA.-kI � A C)I (CT 'HEALTH _ 0EPART.NENT MANN C=C: :ci.V 3G^•I<_G i•IGct �ti5c.!Cit ru prevertt atut treat disease azul disabtiity: ru prunurta Ireair/ty ti"estyies. and to prone^ arrd prornure the heultlr and quaiiro u% stir erwirurrrnertt. STOR-N ATER NI-ki AGENIEitiT RECON MENDATIOLS We recommend that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of [.his project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) State Of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. o) Stormwater Best Management Practices Guidebook. Prepared by City Of Boise Public Works Department, January 1997. scormWz1.c: 3/93:Cly •:nC :?7.7�'? Serwirr galley, Elmore, Boise, arzd Ada CO""It es ACC! C r Ctfica 7t;i `I. Arrr:;--n ,?I. 9C'za. t0 ...r�t3 y;r,•:r::?T•i x'40 a _r_.rg: J27 -%CC rr. •1+rLCr:C^t. 3,7.74.47 Mgr..— turtnen• 327.7:.r,IJ nmoro Ccunr/ C(tce ACC -WIC SC.'9W19 Cttice : cc V711 - NCurtc:n , 3Cise. C 32':: in. 33a•3J:_ Cn•,iro. �accn:.di • •c5 5a:c 33.1-3=___ .wC: dd' ;v ^ rr^ l�.e.�, Vc:lay Ccunty^•lrico -•., I;; _;;oar . I--3 Cz 1Ic u: 'G. �3t33 ;A;(. b3 •Zva •:nC :?7.7�'? June 15, 1999 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 J U INI ? ' - ,r -- o; cit 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Re: CUP -99-018 Sundance Apartment Community Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District's Ninemile Drain courses through the western boundary of the project. The right-of-way of the Ninemile Drain is 60 feet; 30 feet from the center each way. See Idaho Code 42-1208—RIGHTS OF WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John P. Anderson or Bill Henson at 466-0663 for approval before any encroachment or change of right-of-way occurs. The Nampa & Meridian Irrigation District requires a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Contact Donna Moore at 466-7861 for further information. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln Cc: File – Shop File – Office Water Superintendent f 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 Phones: Area Code 208 Sundance, L.L.C. OFFICE: Nampa 466-7861 132 South 600 East' COPY SHOP: Nampa 466-0663 Salt Lake City, UT 84102 RE: Land Use Change Application — Sundance Apartment Community Dear Sundance: 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 submit a cashier's check, 'money order or cash a 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 or 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 P. Anderson, at the District's shop. Sincerely, Cjj - *,rv� Donna N. Moore, Assistant Secretary/Treasurer cc:, File Water Superintendent Locust°Grove Properties, L.L.C. Max & Blanche Swindell Rex and Phyllis Swindell Idaho King Corporation City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 21 1999 APPLICANT: SUNDANCE LLC AGENDA ITEM NUMBER: REQUEST: ANNEXATION & ZONING FOR SUNDANCE APARTMENTS AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED MINUTES & INFORMATION SUBMITTED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED RECOMMENDATION SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. t Meridian Planning and Zoning Committee Special Meeting August 25, 1999 Page 32 Borup: Yes. I don't believe we had any other choice, did we? Rossman: Sure you did. De Weerd: Mr. Chairman. I would move that we continue the public hearing on the preliminary plat for Bear Creek Subdivision to be continued until September 14'h Barbeiro: I second that motion. Borup: All in favor? MOTION CARRIED: ALL AYES. Borup: This would be a good time for a five minute break. Looks like a natural break, so we will reconvene in five minutes. ITEM NUMBER 5. CONTINUED PUBLIC HEARING: ANNEXATION & ZONING OF 20.35 ACRES (FOR R-15 ZONING) OF LAND FOR PROPOSED 300 UNITS OF MULTI -FAMILY RENTAL FOR PROPOSED SUNDANCE APARTMENT HOMES BY SUNDANCE, LLC—NORTH OF OVERLAND ROAD AND WEST OF LOCUST GROVE: Borup: Staff, do we have any additional staff report: Hawkins: Commissioners, if you recall this project you continued at your July 13 meeting again primarily for sewer reasons. Fortunately, in this instance Brad's report did come back suggesting that the project move ahead. That the sewer capacity in this project should not be a reason to deny it, so there was not a thorough staff report prior. That is what this is, so again, just a quick orientation. The project application before you involves seven different parcels. You've got an existing CG. This sliver across the north piece of the project adjacent to 184 is all ready annexed into the city. We would like to request that all of our staff comments on the 8/24 report be incorporated into your decision. This property is bounded on the northeast by natural gas company which has a two story block building and the majority of it is used for storage and equipment and tools. Locust Grove currently dead ends right here at the overpass of 184. 1 would point out the Ada Planning Association at their last months meeting move the overpass from their long range 20/20 plan to the transportation improvement program. So it is basically a soft planning document.to the hard planning document. I can't tell you anymore as far as specific dates, but that is a change as of last month on the overpass. You currently have the Sportsman Pointe Subdivision across Overland on the south and then a vacant piece here across Nine Mile. The project itself as you have in your packets is laid out more or less'in this fashion. I won't go into details but will point out a couple of things in our reports as well as the ACHD report has 3 things that are important to point out. One is that they asked the applicant to move their drives about 30 feet from the intersection from where they are proposed. You've got an existing— the main entry here, ACHD suggests 30 feet to the west and then another secondary entry here on Locust Grove which again they suggest 315 feet from the intersection of Meridian Planning and Zoning Committee Special Meeting August 25, 1999 Page 33 Overland. That was one of ACHD's. Another one was an emergency drive, which is currently a, gravel road here along the north part of the project. The obvious thing to point out here is any kind of future overpass, that emergency access road will disappear. A center, turn lane on Overland Road was also requested by ACHD and staff would certainly support that recommendation. Two things to point out, in the staff report itself, the request that they come back and annex rezone that CG portion of the north, that is on page 3 item 1. Page 4, item 5, development agreement we are not suggesting that be a requirement for this project, assuming that you recommend that all the conditions and forwarded on to the Council more or less in its current proposed design. The other point on page 7, item 4,5 and 6 landscape buffers, staff has asked for a 20 foot landscape buffer instead of the 10 shown here adjacent to the natural gas company. We've asked for 35 feet since Overland is an,entry way corridor in the Comprehensive Plan -35 feet the full length here on Overland, not just at the entrance. Again on 184 a 35 foot landscape buffer and of course they all ready show this. That was brought up at the previous meeting in terms of the location of this to 184. 1 guess that is it for a staff report right now. Borup: Any Commissioners have any questions for staff at this time? If not, is the applicant here and like to step forward. Cook: Yes I am here and I'd like to step forward. First of all I want to say, I have been doing this for a long time—a lot of Planning and Zoning meetings in my lifetime. Borup: Could you say your name sir. Cook: My name is Peter Cook. President of PSC Development Company. I was very impressed tonight by the way with the comments that were brouigh up. I though they were very detailed and very impressive. Thank you, I think for your service. I'm not doing that with any hope, but I thought is was very nice. And staff, your in the middle of a major problem here with the growth of the city and I think I can sense and feel the pull on that and I also want to thank'you. It is hard thing about growth. I brought our whole team here tonight and we've got these great opportunity here to present'to you some of the solutions that were—you suggested to us. I think our presentation your hearing tonight will be able to show you those were great recommendations and we've actually adapted move of them. The only other thing that has not been mentioned here—there is an affordable housing slice that we are or would:want to develop in our business plan here. We have all ready talked about financing agency about this and they would be very excited to do something on this development with an affordable housing slice. That always gets people nervous and it shouldn't because basically in most cases it will be'60 percent of medium income. I think it is great for the city because one of your points here is the diversity in housing. As you grown and the opportunity for multiply family dwellings gets more and more pressured, rents will increase and this is a great opportunity to preserve it cause as growth comes your going to need people that can afford to live here. Usually I like to do this at the end if there is questions after our great team. Mark Cohen is here, one of my partners, any financial issues, Mike Hall is here Meridian Planning and Zoning Committee Special Meeting August 25, 1999 Page 34 and Keith (inaudible). Then I would make the presentation if your to go to that kind of format —not format but we could make that kind of presentation would that be okay. Bennett: We received the staff comments yesterday. My name is.Keith-,Bennett, PSC Development. Working with Brad on those comments, we've tried in the last 24 hours to address them as much as possible to show you -that we have no problems with the suggestions that have been made or the recommendations that been made and in fact, maybe that isn't the best way-- There were traffic concerns like Bradley brought up which the previous plan did not address. This one does. For example, Overland Road and Locust Grove were called for to be.a full 96 foot right of way and therefore 48-foot.half width which we show reflected here as taking in to allow for that widening to, allow for the center lane, turning lane on Overland that was a requirement. The distances therefore were not only from the property line but from the proposed new curb line in each direction. The new plan and I have smaller copies to give you, will show that we moved the entry over 317 feet, so it is beyond the 315 that was suggested and provided the 35 foot landscape buffer all the way along both Overland and Locust Grove, -full length beyond, not the property line but the new proposed curb line. It is actually 23 feet plus 35 feet for a distance of both frontage streets of the landscaped area. Additionally, along Nine Mile Drain, we have 35 foot set back now shown, 35 foot setback totally across for the -buffer on the freeway and the 20 foot setback that the staff recommended along the neighboring property. So each of those have been incorporated into the design. We took the recommendation and knowing now that -this is more eminent of the overpass that it doesn't really serve as a secondary exit or an emergency exit, that has been eliminated and would be,maintained as open space_and therefore,this becomes our secondary entry, which is what is what proposed before. The only issue that we have that does not meet full compliance,with staff { recommendation which I mentioned to Brad, was by widening the street and then; (inaudible) on 315 feet,: we'd run out of property. We are at 305 -still have a 24 foot opening in that road, so we are 10 feet short of meeting the full intent of the report that was given. Maybe, there can be a trade of this land versus gaining a little more property here. I can't commit to that at the moment. This is the boundary of the property as it now stands, which gives us a 305 foot off set off of Overland Road from the new set back line. We have accommodated the parking requirement, the set back requirements, the building are within the limitations of the zone. The densities are below the 15 units per acre that is proposed. The open space is extensive and we have designed it such that we have interior courts that are green and open around the entire space as well as in obviously our landscape buffers all around the entire perimeter. Fencing was brought up as an issue for them. We are'proposing a full fence on our side of the creek to keep it safe from the residents and that would be at least 6 foot high, solid vynal fence as well as along the freeway. Other fencing would stay as it with an existing, chain link fence. And then no fencing along the frontages. With regard to any of their other concerns, we do not have any. We are willing to follow the staff recommendations implement them into our design. Do you have any questions?, - Barbeiro: Mr. Chairman. The landscape buffer along Overland and Locust Grove, is that a flat level or is that a birm? Meridian Planning and Zoning Committee Special Meeting August 25, 1999 Page 35 Bennett: Typically it is per the recommendation of what we need, to meet the requirements of the city standards, be we do like to have some-birming and interest to the"front, particularly windows become a full`96 foot wide road right of way. Barbeiro So as the plan stands now, it is not a birm. Bennett: I do not have a full landscape plan as of 24 hours ago, I received this , so no our landscape that was submitted previously does not take into the fact that now we have 35 feet to deal with, so we can design that to accommodate that. Barbeiro: Okay. Thank you. Borup: Any other questions? Thank you. Who is next Mr. Cook That is it on your staff? Okay, I thought you had more. Okay, thank you. This is a continued public hearing. Do we have anyone else who would like to stand and testify. Henze: My name is David Henze. I live in Sportsman Point Subdivision. If you remember at the last hearing we had quite a few of us. There is a few tonight also. I just have a couple questions, if I might ask. What is the rent that they would expect from this...The rent level. I did not quite understand what they were talking about, the assisted living or assisted houses that was there. Is this a full rent community? What level is this. That's the questions I basically had. The comments I have on this is, well if you go look at the traffic, which I think is the main issue, the plans that were made to extend Overland to 5 lanes, to put an overpass on Locust Grove. Evidentially a little farther down put an overpass on Linder and also down to Ten Mile with an exchange If you see there is a big need took up both sides of the city. What I have heard from several people I have talked to is that Overland has the potential, one of the worst traffic problems and the estimates right now is about 2005 where that could be extended to 5 lanes. If that is the case, if this goes forward, I would suggest that maybe we don't but the cart before the horse, but we solve the problems (inaudible). The other thing is, if you look and there is—if you can get into Sportsman Pointe off Locust Grove, I think given the corner of Locust Grove and Overland your going to have people cutting through the subdivision. Also there is another issue that I would like to bring up, is if you recently saw Boise and the surrounded areas were routed in the top 20 or top 15 of family and children friendly cities in the U.S. If you look farther into that study, some of the reasons why is because of urban sprawl and more specifically, apartment buildings being built outside of the city. If they want to be friendly to children, the apartment buildings should. be built more toward locations where those dwellers are going to be working. That would be more in toward the city and toward business centers. This is a very residential area out here. Lot's of children. I would ask the people to drive through our neighborhood and see this and then go back and take 300 units, this is going to be about 450 cars, I would assume, adding to that. I would say, if your not going to fix the first—I would say, fix the roads first if we are going to go forward, otherwise we take a hard look at this and decide is this the best thing to go into this area. The last thing that I would just say, I have 60 signatures right now. Half the people we talked to we got Meridian Planning and Zoning Committee Special Meeting August 25, 1999 Page 36 Meridian Greens, Ravens Hill and all these.—just barely heard about it. We took Sportsman Pointe barely canvassed it. We've got more people that want to sign in, we just did not have the time yet, because they just -heard about it. There is 60 signatures here opposing it. Lastly, I'd like to ask, in all seriousness if somebody lived in Sportsman Pointe that was building this project, would they be seriously for this project or not—if they had kids and knowing the traffic that is here. I think you need to think hard about that. I think there is a better place to put this. Maybe across the freeway by some business centers and so on. Thanks. Barbeiro: Mr. Henze. The report prepared by the Joint School District No. 2, the Meridian School District, tells us that this project would produce 99 elementary aged children, 75 middle age, middle age school children and 68 senior high school children. On the assumption that the pre school children would have about 50, they projected 300 - children would be in this complex. I am sure that the developer planned it and is aware of that. Certainly, he has designed a complex that is child friendly and child design. Your statements are that it is not and it is (inaudible) and it would cause a problem. s Henze: The apartment complex looks very nice from what we are seeing here. What I am saying is the roads outside it are not ready to handle this. It's just obvious that if people can't make that turn on Locust Grove on to Overland, they are going to cut through Sportsman Pointe if there is so much traffic. I don't think just a center turn lane –even before this came in, you can correct me if I am wrong, I heard that Overland was going to go to 5 lanes because of traffic problems. Then that brings up another issue and that is elementary schools with all those kids. Barbeiro: I misunderstood then. Your concern was not the apartment complex— Henze: Not the apartment complex, the traffic around it. Yeah it looks like a nice apartment complex. Barbeiro: It is the cutting through Sportsman Pointe and the fear that the traffic would impact upon the children's life. Okay, thank you. Borup: Yes. Tima: Good evening. My name is Karen Tima and I live^in Sportsman Pointe at 2122 Chesapeake. I am here to represent my family who are—we're opposed to this project. We opposed for a couple reasons. Emotionally I am opposed to it like most people because apartment dwellers are typically very trenzie in nature. We worry about the property values. We worry about the people that are going to be living near us that are not the homeowners like we are. That is emotionally and we can't base our decision on our emotion feelings. Factually I am worried about it because of the roads and because of the existing traffic problems out there all ready that is just going to get worse. All ready there are so many approved subdivisions that are still developing out there. We are going to have those influx of people then you add 600 cars all at once and this apartment complex and it just seems unreasonable that that area can take it. Usually, Meridian Planning and Zoning Committee Special Meeting August 25, 1999 Page 37 in the mornings when I leave for work, I turn on Locust Grove right on to Overland and get on the freeway. That is usually not too much of a problem because you only have to worry about the one lane of traffic turning on to Overland. Tonight, coming here, it was about 6:30 at night, I had to turn left on to Overland. That was a major problem. I had to worry about both lanes of traffic. It took me 12 minutes, I timed it specifically because I was coming here tonight. I timed it and it took me 12 minutes to turn from Locust Grove on to Overland to come here tonight. This is just going to get worse. I agree with my neighbor that we can not put the cart before the horse. That if we are going to improve the roads and widen them to handle the traffic we should do that first and then look at building a project of this nature. Thank you. Borup: Thank you. Any questions? Next. It seems we are finished with public comment. Applicant like to summarize or Commissioners have any questions or discussion before that comes up? Would you like to address them to them. Hatcher: Mr. Chairman, I do have a question or maybe a clarification from you. When I was going through the documentation last, I could have swore I read some documentation that the improvement for Overland Road was bumped up to 2002? Does anybody else know where that documentation is or am I getting my facts mixed up. I read something along the lines— Borup: Did you find it there? Hatcher: Yeah, Tom just showed it to me. Overland Road is improved with the two lane street section with no curb, gutter or sidewalk abutting the site. Overland Road between SH69 and Locust Grove is listed as funded in the district's 5 year work program for 2002. So, it looks like ACHD is all ready implemented the improvement of Overland Road in 2 years. A funded project which means it is a go. Borup: So your saying that maybe the horse is before the cart. Hatcher: What I am saying through design considerations and through permit processes, through construction time that the particular proposed development probably will not even be occupied or occupier until the said time that Overland is also improved. The traffic issue might be a mute issue. Borup: Okay, thank you. Just for the record the quotation that quotation that Commissioner Hatcher read is from the ACHD report on page 2. Would the applicant like to make any final comment? Cook: Mr. Hatcher, I think you (inaudible) on point because I wish I could build it overnight. We are about a year and a half away, I think by the time—construction time—all most two years. That is a very good point. The rental issue—there is some of the things I wanted to tell the property owners. Meridian Planning and Zoning Committee Special Meeting August25, 1999 Page 38 Borup: Mr. Cook, before you proceed there, as far as the city and commission, rental amounts is not a factor and perhaps Mr!Rossman, would you like to expound on that. Rossman: Thank you Mr. Chairman. This is not the first time this issue has come before this Commission. The question of subsidy or source of funding or the type of people that are.going to be living in a particular project are not relevant issues for the Planning and Zoning Commission. Their decision is to be based on the project alone, irregardless of how the people are going to fund their monthly rent and if any of those issues come before the Commission or the appearance of that being a issue is put before this Commission, I would prefer that it not even become an issue during this proceeding. Cook: That is a very smart point to`make cause you could be judged making a decision— Borup: What we're looking at the project, the layout, the design that's the things that Cook: Let me just speak to that real quickly and you've had a long night and don't need anymore talk from developers. One thing that I wanted to say is that we own the development, so it is not like we sell this and move on. We have to keep and maintain it. It is one of those things. (Inaudible) has done a great study on —and a lot of the future planning issues on what apartment developments can do and how much green space they can provide and how they can help and be very friendly. The design and look here—this is my bias. I have looked at product—you will not see a product that I've seen yet in the Boise area that will look this good. This will be very outstanding and very well build development. When you see our elevations and renderings, I think you will agree with that. It will be very much of an asset to your community. It will also be a long term, opportunity for you to grow with the community. Any questions. Hatcher: I have one question. Do you have available this evening any color renderings of the facility, particularly for the public. Cook: I don't, but give us 2 hours to go color Hatcher: We have ours in our information. Cook: Do you want us to describe a little bit about that to give you somewhat of a feeling. I think that is important. Hatcher: I don't think that is necessary. I've got a good feel. Cook: It is high end stuff. Are you in the construction business. Hatcher: Yes, I am a licensed architect. Meridian Planning and Zoning Committee Special Meeting August 25, 1999 Page 39 Cook: Well then you asked the important question before about stucco and ours is (inaudible). Borup: Mr. Cook. Could you repeat that answer for the record. Rossman: It doesn't get picked up on the microphone, so it needs to be repeated into the microphone. Cook: There will be culture stone veneer and cedar batton board. We will have no synthetic stucco on the project proposed. Barbeiro: Mr. Cook the point that you made about you intend to hold the property,, it is customary in many, many large scale apartment complexes to build it quickly, build it cheaply, fill it up and dump it. I use that word openly. It is not your intend to do that. You intend to hold the property as an investment. Cook: Council made me require I can't go into all my financia1.reasoning behind that, but I will tell you this our profit margin is over the long term haul. By dumping it, we can not sell it especially with the things we want to do. We can not sell it. Our profit is how well we manage it and maintain it over the long period. Barbeiro: Your aware that Mr. Henze brought us 60 signed signatures opposing your project. While it is not left to this commission to tell you what to do, the mirror fact that your going to hold the property would be an item that I would very much impress upon the neighbors because they have all seen built, fill and dump properties in the past. Cook: I have never been in a meeting yet where everybody's has wanted an apartment development. I've—and I feel the pain that people—I've been in every community that you can think of over this issue. I can look at you straight in.the face and tell you that we have never—we've gone in sometimes with planning and zoning and city, council's having a very difficult time and have shown them over the long period that we have actually changed the viewpoint of that issue. It's—right now you come up on some trailers and what have you and sortof a —this is going to be a green looking very impressive piece of property that will be maintained. It can not -1 can feel their pain, but I think that I can tell you that they will see a development that will be very beautiful. I have not seen anything of this caliber as we have,traveled through here. I know you are contractors and I may'have offended you. Just the outside looks-- I better shut up now. Thank you. Rossman: I don't think Tom has any apartment projects on this agenda at this point Barbeiro: No we don't do multi housing anywhere. Borup: Any other questions for Mr. Cook? Meridian Planning and Zoning Committee Special Meeting August 25, 1999 Page 40 Rossman: I guess Mr. Chairman I still would make one clarification. When I said funding was irrelevant to,this issue, I did not mean developer funding was irrelevant. Funding for the rental subsidy for the —the payment of rents by these particular people that would be living in these facilities is a irrelevant issue. The source of the concerns are (inaudible) in the Federal Fair Housing Act, if anybody has particular interest. Henze: A clarification. We have not seen what they look like and I would say that we need to maintain—if you go between Meridian Greens and Sportsman Pointe you have to have certain roof designs between the two so there is continuity. I am only saying I did not understand his first comments he was making. He said were having this apartment complex and then he made some side note about rent (inaudible). I did not understand what he was talking about. The thing is, are we going to have —is it going to look as nice, basically. Rossman: I was not singling you out sir. I was just —the developer did open the issue and I wanted to make that clarification so the record is clear on that. Barbeiro: With regards to the design, I want to ask Mr. Cook if he had some elevations he could provide for the two residents right now so they could see what it is. Obviously, it will not be in color, but--. Also, if I may I wanted to ask staff—Bruce, as far as you know with regards to planning in that area do you know if a stop light there at Locust - Grove and Overland. Is that not in the—a part of that 2002 plan. Borup: No it's not or no you don't know? (?): We do not know if it's in the plan to put that stop light in. Barbeiro: Back to Mr. Henze. If a stop light were there at Locust Grove and Overland, would that be enough to alleviate most of your concerns about traffic passing through Sportsman Pointe? Henze: My points on traffic is when it's built let it come—or then we can see it. The point is are we talking about possibilities or solutions. Do we have hard solutions here. Are we talking about maybe this will happen. Borup: Sir it is funded. The money is there. Henze: I also heard it was funded but some of the funds will be taken for the Flying Y. That is why a possibility of— Borup: That's two different entity's. This is Ada County Highway District. Henze: (Off and on inaudible discussion) Regarding the overpass—that was all part of it—we make it better yes. Meridian Planning and Zoning Committee Special Meeting August 25, 1999 Page 41 Hatcher: I think what the public needs to know is that the widening of Overland Road to five lanes is a funded project and is scheduled to be built in 2002. ACHD does not apply funds to a project unless it's"going to be done, because their very strict with their money. There is always a chance that things get delayed. None of us can prevent that. The way things are set up right now, the way things are scheduled, that road will be 5 lanes in the year 2002. Barbeiro: With regards to the overpass at Locust Grove, that is not in the seven year plan. Borup: It has been included but it is not funded. Just 2 weeks ago. It has been included in the transportation improvement plan. Barbeiro: (Inaudible) Borup: Well it was added to the Ada County TIP, but again no date, but it has been moved up. It is going to be soon than it was. There was one comment on the project itself. Two comments I had. One on the project itself. The elevations we have are probably some of the nicest I think this Commission has seen and the other comment on the density, normally projects request an R-40. This is an R-15. They are not looking at filling up the space and maxing it out. They've provided a lot of open space and I think just by the zoning that they have requested demonstrates that. That was one of the questions they had on the projects without being able to see the whole thing. Commissioners. Any other questions or comments? We have an open public hearing on— Tima: Can I make another comment? I am curious that there is feasibility of doing a study on what impact these additional families will have on the school system and the schools that are currently being fed from that area. Borup The school has all ready done that. Tima: And what is the results? Borup: There is an impact. They are adding children to the schools. It is on the ACHD report. Barbeiro: Even though we are in a difficult position and need your help in dealing with the impact of growth on schools, we will approve this development. Jim Carbury, Administer of Support,Services, Meridian School District. I did say the impact was 99 elementary age students, 75 middle school and 68 senior high school students. r=reckleton: Mr. Chairman, members of the Commission. We were just discussing the 2002 five lane improvement. Typically, ACHD will put a project on to the 5 year plan. That doesn't necessarily mean when they say 2002, that that road going to be built in 2002. They go into a design phase. They have land acquisition. Right of way Meridian Planning and Zoning Committee Special Meeting August 25, 1999 Page 42 acquisition. Then they set a construction schedule. I don't know exactly when it is going to be built but I doubt that the 2002 date that they put in their report is actual constructed. Borup: I think that is accurate that the one difference here is in their 5 year plan, they have funded and unfunded. The unfunded are the ones that really can get pushed back. The one think that is does have in its favor is apparently in the funded category. Freckleton: Right, right. But that is a point that maybe we should clarify through ACRD. Borup: Yeah, that's not saying 2002 instantly going to be there. Freckleton: Additionally, I think that when a road reaches the level of serviceability that it requires 5 lanes, I thin that you can anticipate that signalization at the intersections and especially if we are talking overpass on Locust Grove. Borup: That's what I would expect too. I wish they were here to ask that, but I think that is a good question for ACRD. De Weerd: Mr. Chairman, I was at a meeting just last week that ACHD committed to the City of Meridian that Overland was a priority and that they would meet their plan date if not better it. They do see it as a high priority. In fact, that is why they have taken it off the truck route list. Until those improvements can be made, it's left alone. Borup:, Okay. It all sounds encouraging—at least as far as the road. Okay Commissioners. We do have an open public hearing. De Weerd: Mr. Chairman, if staff has no further comment I would move that we close the public hearing. Barbeiro: Second the motion. MOTION CARRIED: ALL AYES Borup: Commissioners, what is your pleasure. Barbeiro: Mr. Chairman, I am —1 do not wish to dismiss the 60 signatures and the extensive work that the neighbors have done. I would request that the developer make some efforts to go out into the neighborhood and to address—I believe the signatures are public knowledge now or public record and the developer will have access to those. Is that correct? While we can not require that he send out notes and explanations of the project to each of the signatures, so that each of those people are aware of what the project is. Discussions of what we discussed here today and that you could walk in as a good neighbor_as opposed to any sort of adversarial relationship that you may have with. the neighbors. Is that a reasonable request. With that I defer to the other Commissioners for any other— Meridian Planning and Zoning Committee Special Meeting August 25, 1999 Page 43 Borup: Okay, comments. Barbeiro: I wish to make a motion that we recommend this project with staff comments and request of the developer acknowledge and address these people who have signed a petition and recommend this to City Council. Rossman: Mr. Chairman. If I may make two clarifications. One is I don't believe that your—that was a request that you put into your motion rather than a condition that they contact these people. Barbeiro: I don't believe that we are allowed to do that. Rossman: I would agree. Number two. We are just dealing with Annexation and Zoning at this point. Borup: That was your motion for the annexation and zoning? Barbeiro: Yes Sir. Borup: 'We have a motion. Do we have a second. Hatcher: I second it. Borup: We have a motion and a second to recommend approval of annexation and zoning. All it favor? MOTION CARRIED: ALL AYES Freckleton: Mr. Chairman. Borup: Mr. Freckleton. Freckleton: Sorry to keep doing this. One item on the annexation and zoning that 1 would like to direct to the applicant is the issue regarding the legal descriptions. Borup: Oh, I wrote a note on that. I am sorry I did not follow through. Go ahead. Freckleton: I would like to get that cleared up before we go to City Council. It just kind of stream lines things through them with no hold ups. The City Attorney wanting to get a hold of me wanting to know if I have received the proper legals, etc. If we can get those ahead of the hearing, it really. helps. (Inaudible discussion) Meridian Planning and Zoning Committee Special Meeting August 25, 1999 Page 44 Borup: It is going to be at least a month. Sir you still have one more. We took care of annexation. We still have a conditional use permit. ITEM NUMBER 6: CONDITIONAL USE PERMIT FOR 300 UNITS OF MULTI -FAMILY HOMES BY SUNDANCE, LLC—NORTH OF OVERLAND ROAD AND WEST OF LOCUST GROVE: Borup: Staff any additional comments? Hawkins: Request that our previous report be incorporated into this Item. Borup: Thank you. Rossman:, Mr. Chairman if I might make one more comment. To clarify whether or not as it relates to Items 5 and 6 whether the previous testimony at the previous public hearing, was there a previous public hearing ori this one? That that be incorporated into this preceding. Borup: Do you need a motion to that effect or just a statement. Rossman: No, just needs to be put on the record. Borup: Okay. For the record, we wish to incorporate all previous public testimony and comment from previous hearings into tonight's hearing. Thank you. Applicant, would you like to come forward and—again you understood what we just did. The other was annexation and zoning. Before we can do a conditional use permit on property, it.needs to be in the city. Cook: Right. That is a good idea. Now we want to talk about the zoning issue. Borup: Well no. We've handled the zoning now we are talking about the project itself. We realize that you have all ready addressed that and the questions have addressed that. I don't know that there is anything new that you have to add, but this is your opportunity. Cook: Yeah, I have extensive notes here on that part! No I don't. Borup: Okay, you did not have anything more on the project then. While you are up here Mr. Cook again this is relating to the previous one, but you understood Mr. Freckleton's question on the legal description for that other parcel. That is also a zoning change on it. Okay, thank you. Any other questions from the Commission. De Weerd: I had some questions about the project itself Borup: For Mr. Cook? APARTMENT COMPLEX ON LOCUST GROVE AND OVERLAND IS APPROVED BY PLANNING AND ZONING DATE: September 1. 1999 TO: Homeowners Adjacent to Locust Grove and Overland FROM: Group For Strong Family Neighborhoods RE: Next Steps to Defeat Construction of Apartment Complex On August 25th, the Meridian Planning and Zoning Commission approved a request for rezone on land West of Locust Grove and North of Overland. The Commission also approved a plan to develop a 300 - unit apartment complex on that land. The Following are key points of the meeting: • The Ada County Highway and Sewer Departments gave quick recommendations for there -zone even when,future expansion of Overland is not completely clear. • The Meridian School District recognizes capacity problems and gave a reluctant approval. • The Commission recognized opposition testimony and 60 signatures but still approved the complex. • The Developer set aside a portion of the development for rent -assisted, lower income housing. (The City of Meridian likes the rent -assisted designation because it help's qualifications for federal funds.) • The Developer stated that this will be an "opened space" complex. However 25+ buildings will -be constructed on the small parcel of land. The Developer is an astute and smooth talking businessman from Utah. He told us -that "he felt our pain." It is now time to let him feel his own pain as we defeat this development as it goes before the city council on September 21,'1999 at 8.w o'clock p.m. The only way we will defeat this future detriment to our neighborhoods is to appear in force at the City Council Meeting. We will need at least 100 people to attend and make our voices heard. We will need to voice alternative solutions and not just complaints. If you want to keep crime low, maintain a family friendly neighborhood, and not lose value on your home, you will need to help. The first priority is to attend. The second would be to sign the petition below. Thank you for your help defeating this development. Even if you signed the last petition, please do so again for the City Council. Please fill out the bottom of this page and return it to Bruce & Edith Waite 1753 S. Labrador PL ` Dear members of the Meridian City Council. I oppose the construction of the Sundance Apartment Complex that is to be built on Overland and Locust Grove and request that the City of Meridian approves developments that add value to Meridian neighborhoods. Name Signature_ Address Phone Re: Request for Annexation and Zoning of 20.35 Acres to R-15 with a Conditional Use Permit for a 300 -Unit Apartment Complex by Sundance, L.L.C. We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: COMPREHENSIVE PLAN POLICIES The 1993 Comprehensive Plan contains a variety of goals and policies that are relevant to this application. Staff has selected the following sections that most directly apply.to the proposed project. Goals Section Goa1'4: To provide housing opportunities for all economic groups within the community. Goal 8: To establish compatible and efficient use of land through the use of innovative and functional site design. Goal 9: To encourage a balance of land use patterns to ensure that revenues pay for services. The subject property is located in an area designated as Mixed/Planned Use Development in the Meridian Comprehensive Plan. Economic Development Chapter 3.1U — Approve quality housing projects that meet the needs of all economic levels. 3.2U — Encourage efforts to develop and maintain quality neighborhoods and housing. Land Use Chapter Goal: All land use development in the Meridian area will be considered an asset'to the community and not detract from our quality of life. 2.1 U — Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. 2.5U — Encourage compatible infill development which will improve existing neighborhoods. AZ-99-0091CUP-99-018 SundanceApts.AZ.CUP.doc HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT City Council CITY OF MERIDIAN (208) 288-2499 - Fax 288-2501 Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 - Fax 887-1297 RON ANDERSON (208) 888-4433 - Fax (208) 887-4813 i� PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT (208) 884-5533 - Faz 887-1297 L.°z A_y MEMORANDUM: Augus 4, 1999 To: Planning & Zoning Commission, Mayor and City Council -1. . C1T�y C!"e,rk, .A Ilam From: Bruce Freckleton, Assistant `to City Engineer Brad Hawkins-Clark, Assistant Planner�C Re: Request for Annexation and Zoning of 20.35 Acres to R-15 with a Conditional Use Permit for a 300 -Unit Apartment Complex by Sundance, L.L.C. We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: COMPREHENSIVE PLAN POLICIES The 1993 Comprehensive Plan contains a variety of goals and policies that are relevant to this application. Staff has selected the following sections that most directly apply.to the proposed project. Goals Section Goa1'4: To provide housing opportunities for all economic groups within the community. Goal 8: To establish compatible and efficient use of land through the use of innovative and functional site design. Goal 9: To encourage a balance of land use patterns to ensure that revenues pay for services. The subject property is located in an area designated as Mixed/Planned Use Development in the Meridian Comprehensive Plan. Economic Development Chapter 3.1U — Approve quality housing projects that meet the needs of all economic levels. 3.2U — Encourage efforts to develop and maintain quality neighborhoods and housing. Land Use Chapter Goal: All land use development in the Meridian area will be considered an asset'to the community and not detract from our quality of life. 2.1 U — Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. 2.5U — Encourage compatible infill development which will improve existing neighborhoods. AZ-99-0091CUP-99-018 SundanceApts.AZ.CUP.doc P&Z Commission/Mayor & Council 08/24/99 Page 2 5.16U All development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. 5.17U A variety of coordinated, planned and compatible land uses are desirable for this area, including low -to -high density residential, office, light industrial 5.18U Existing residential properties will be protected from incompatible land -use development in this area. Screening and buffers will be incorporated into all development requests in this area. Natural Resources and Hazardous Areas Chapter 1.1U Identify and protect areas with special characteristics such as stream corridors, canals, and wetlands. Control and preserve the natural beauty of Ten Mile Creek, South Slough, and Five Mile Creek - 2. 1 U reek..2.1U Development along major drainage ways will be restricted to ensure that development does not cause` additional ground or surface water contamination. Natural Waterways Goal Statement: The community will protect natural waterway corridors from degradation and manage them as a valuable resource. 3. lU Manage'and prevent unsuitable uses along drainageways and protect the flood plain of creeks and drains. 4.1U Developments contiguous to natural waterways, irrigation canals, laterals and drainage ditches must consider all available information concerning floodplain waterways. Transportation Chapter - Both -Overland and Locust Grove are designated as Minor Arterials in APA's Functional Street Classification document. Due to their required width, Minor Arterials may serve as land use buffers for incompatible uses and boundaries between neighborhoods. Housing Chapter 1.1 The City intends to provide for a wide diversity of housing types ... and choices between ownership and rental dwelling units.. . 1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged. 1.9 The"efficient use of land for public facilities, transportation systems, utilities, and the economic arrangement of buildings should be promoted. 1.12 Land development regulations should be revised to encourage the infilling of existing vacant parcels within the city limits. 1.14 .Design and performance standards should be applied to infilling development in order to reduce adverse impacts upon existing adjacent development. 1.15 Owners or remnant residential parcels or partially -developed residential parcels should be encouraged to consolidate these properties where possible to prevent the proliferation of small parcels of vacant land within the city limits. A2.99-009/CUP-99-018 SundanceApts.AZ.CUP.doc P&Z Commission/Mayor & Council 08/24/99 Page 3 1.19 High-density development, where possible, should be located near open space corridors or other permanent major open space and park facilities, andAnear major access thoroughfares. Open Space, Parks and Recreation Chapter 5.3 Any fish, wildlife and vegetation species and habitat should be protected and maintained along Five Mile, Nine Mile and Ten Mile Creeks, and the South Slough, provided it is in the best interests of the City of Meridian. Consideration should be made for the land uses in these areas to minimize the risk of pollution. 5.4 The City of Meridian will consult with the Idaho Department of Water Resources, Idaho Department of Fish and Game, and the Nampa -Meridian Irrigation District to explore and investigate the implementation of Waterway Environmental Projects for the purpose of improving and enhancing fish and wee habitat contiguous to Five Mile, Nme Mile and Ten Mile Creeks and the South Slough Community Design Chapter 1.8 The appearance of natural creeks (Five Mile; Nine Mile, Ten Mile and South Slough) throughout commercial activity centers, industrial review areas, residential areas and Old Town should be improved and harmonized with adjoining land uses in order to protect water quality of the streams for beneficial uses, as well as to enhance their environmental amenities. 2.2U Encourage area beautification through uniform sign design that enhances the community. ANNEXATION AND ZONING COMMENTS I. This Annexation application includes six (6) separate legal parcels under three (3) separate property owners. All properties are currently RT in the County. The northernmost parcel adjacent to I-84 (#S 1118449050 on the legal description map, owned by Idaho King Corp.) has been annexed and zoned. C -G and is presently used to display manufactured homes. If the P&Z Commission recommends approval of the annexation and zoning to R-15 for the subject six (6) parcels, the applicant shall be required to submit a formal rezone application for Parcel #S1118449050 from C -G to R-15. New legal descriptions shall be required, one for the rezone parcel, and one for the parcel to be annexed.. The new legal descriptions shall be prepared to be adjacent and contiguous to the boundaries of the existing corporate city limits as described in Ordinances 523(1-2-90), 615(9-7=93), 578(6-2-92), and 715(9-19-95). The legal descriptions shall be prepared by a Registered Land Surveyor, licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. 2. The 4.3 acre parcel abutting the northeast of subject project is owned by a natural gas company and currently used for outdoor equipment and tool storage. There is a two-story, block commercial building on the lot. Bird Dog Lane is a private road off of Locust Grove near the proposed "Secondary Entry" location which services a barn and two mobile homes. There is a vacant, two-story house situated at the extreme southeast corner of the site. AZ-99-009/CUP-99-018 S undanceApts.AZ.CUP.doc P&Z Commission/Mayor & Council 08/24/99 Page 4 3. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 4. 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. Ordinance No. 9-607.F. states that any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. Therefore, if the Commission intends to recommend approval of the Site Plan to the City Council as more or less represented in this application, staff do not feel a Development Agreement should be a requirement of Annexation. As a safeguard, the Mixed/Planned Use Development district requires CUPs for all future development. CONDITIONAL USE COMMENTS 1. As this property is designated in the Meridian Comprehensive.Plan as a mixed planned use development area, a requirement of the annexation is that uses be developed as a planned unit development,under the conditional use permit process. 2. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 3. On July 19, 1999, the APA Board moved the proposed Locust Grove/1-84 overpass from the Destination 2020 Plan (soft projection) to the Transportation Improvement Plan (hard planning document). APA projects a dramatic increase in traffic for South Locust Grove when the overpass is constructed and they support a transportation management plan be developed for this project to coordinate the commuter needs of future residents. 4. The City of Meridian owns and maintains an existing 12" sanitary sewer trunk line along the west side of the Nine Mile Creek. Existing sanitary sewer easements nor the Nine Mile Creek easements have been `shown. Please revise the plan to show all existing easements. No encroachments into the existing sanitary sewer easements will be allowed. 5. Results of the Public Works Departments HYDRA sewer analysis indicates that this project should not be denied on the basis of capacity issues. Sanitary sewer service to this site will AZ-99-009/CUP-99-018 SundanceApts.AZ.CUP.doc P&Z Commission/Mayor & Council 08/24/99 Page 5 be via an extension from the existing main adjacent to the proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Project designer to coordinate sizing and routing with the Public Works Department. 6. Water service to this site will be via extensions of existing mains installed adjacent to subject site. Applicant will be responsible to construct the water mains to and through this proposed development. Project designer to coordinate main sizing and routing with the Public Works Department 7. No signage details were submitted (design or location). Overland Road is designated as an Entryway Corridor and all signage should comply with the Comphrensive Plan policy of uniform sign design that enhances the community and is aesthetically -pleasing. Staff recommend monument signage. Detailed signage plans will be subject to design review and separate permits. 8. needs to show property boundary in relationship to both the centerline and future and existing right-of-way lines for both arterials. 9. There does not appear to be any storage areas provided on the site. Ordinance 9-607.H., Design Standards for Planned Developments — Residential (PD -R), requires storage areas to be provided for the anticipated needs of boats, campers and trailers. Applicant should revise plan to provide for appropriate number of storage stalls OR submit a letter to the Commission justifying reason(s) for not providing a storage area. 10. A minimum of two (2) parking stalls per dwelling unit must be provided on site. 11. For the number of parking spaces shown (618), a minimum of thirteen (13) handicapped accessible spaces would be required. Only nine (9) are shown. Apartments may require that each building have an accessible space and ramp. All applicable Fair Housing and ADA requirements for multi -family housing must be met. 12. Underground pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due to the landscape area, primary water supply connection to the City's mains will not be allowed. Developer shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 13. No fencing details were submitted for the boundary adjacent to Nine Mile Drain. Non- combustible fencing is required. Please submit details. The fence should be designed considering public safety and aesthetics that match the high quality of the development. AZ-99-009/CUP-99-018 SundanceApts.AZ.CUP.doc P&Z Commission/Mayor & Council 08/24/99 Page 6 14. Assessment fees for water and sewer service are determined during the building plan review process. 15. No drainage areas are shown within the development. State agencies recommend that drainage swales be used for pretreatment of stormwater. GENERAL REQUIREMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance i 1-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 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 ondomestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with Section 11-2414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 4. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. A drainage plan designed by a State of Idaho licensed ar6hitect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 6. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 7. All signage shall be in accordance with the standards set forth in Section 11 -2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 8. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 1 l -9-606.B. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. AZ-99-009/CUP-99-018 SundanceApts.AZ.CUP.doc I P&Z Commission/Mayor, & Council April 9, 1999 Page 7 SITE SPECIFIC COMMENTS 1. Provide revised site plan detailing all existing and proposed utilities for review by the Meridian Public Works Department. Designer is to coordinate sizing and routing of sanitary sewer and water within the development with the Public Works Department. 2. Provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 3. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 4. The landscape plan shows a 10 -foot buffer on the northeast boundary with the natural gas business. All incompatible land uses require_a minimum twenty foot (20') screen. Please revise per• The landscape plan shows a 35 -foot buffer on Overland Road at the main entrance for approximatley 115 feet in both directions and then narrows to a 20 -foot buffer. Overland is designated as an entryway corridor in the Comprehensive Plan and requires the 35 -foot buffer along the entire frontage of the property (excluding drives) beyond the future right-of-way., Please revise plan. Note that street frontage landscape strips may be included in the required 10% open space calculation for Planned Developments. 6. The landscape plan shows a 20 -foot buffer along I-84. The freeway is designated as an entryway corridor in the Comprehensive Plan and requires the 35 -foot buffer along the entire frontage of the property. Please revise plan. Street frontage landscape strips may be included in the required 10% open space standard for Planned Developments. 7. The site plan tabulation shows the total open space area as 10.4 acres (51.5% of site). While no details of the calculation were submitted, it appears this calculation incorporates all drive and parking areas. Open space areas exclude vehicular and service areas. Please submit revised open space calculations. 8. Staff encourage site design and building layout to preserve the existing trees on the southeast parcel. 9. One three-inch (3") caliper trees is required per 1,500 s.f of asphalt on the site. Calculations showing total asphalt area and required "number of trees must be shown on face of landscape plan. 10. Particular attention will need to be paid to lighting plans to ensure I-84 traffic is not impacted by glare, as determined by the City of Meridian. SundanceApts.AZ.CUP.doc P&Z Commission/Mayor & Council April 9, 1999 Page 8 11. Staff encourage the provision of five-foot pathways to provide for enhanced pedestrian circulation internal to the project, particularly between principal buildings/uses. 12. Applicant shall coordinate locations and construction requirements with Meridian Sanitary Service, Inc., and provide a letter of approval from their office prior to applying for building permits. 13. Nine Mile Creek habitat should be protected and maintained, provided it is in the best interestst of the City of Meridian. Consideration should be made for the land uses in these areas to minimize the risk of pollution and to preserve the natural beauty of Nine Mile Creek. 14. Staff reserves the right to prepare additional comments when a revised site plan has been received and approval letters are received from the applicable agencies regarding construction in the Five Mile Creek easement. sUndanceaQts..az.cur.ao BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 20.35 ACRES FOR THE PROPOSED SUNDANCE VILLAGE NORTH OF OVERLAND AND WEST OF LOCUST GROVE BY SUNDANCE, L.L.C. Case No. AZ -99-009 RECOMMENDATION TO CITY COUNCIL INTRODUCTION 1. The property is approximately 20.35 acres in size. K. 2. The three owners of record of the subject property are: Idaho King Corporation, of 2995 N. Cole Road, Ste. 255, Boise, Idaho; Locust Grove Properties of 2995 N. Cole Road, Ste. 255, Boise, Idaho; and Rex, Phyllis, Max and Blanche Swindell of 2995 N. Cole Road, Ste. 255, Boise, Idaho. 3. Applicant is Sundance L.L.C., of 132 S. 600 E., Salt Lake City, Utah. 4. The property is presently zoned by Ada County as Ada County Rural Transitional (R -T), and consists of storage of manufactured homes and two abandoned houses. 5. The Applicant requests the property be zoned as Medium High Density Residential (R-15). 6. The proposed site of the subject property is located on the northwest RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING - SUNDANCE, LLC - SUNDANCE°VILLAGE corner of Overland Road and Locust Grove Road and south of I-84. 7. The subject property is bordered to the north by Meridian City General Retail and Service Commercial (C -G) zone, and I-84, to the west by Timothy Subdivision and Nine Mile Creek, to the south by Sportsman's Point Subdivision and to the east by Ada County Rural zoning. The city limits of the City of Meridian are adjacent and abut to the north, and south property lines of the subject property. 8. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 9. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning.Area is defined in the Meridian Comprehensive Plan. 10. The Applicant proposes to develop the subject property in the following manner: by construction and development of 300 units of multi -family rentals including 100 2 -bedroom units and 200 3 -bedroom units. 11. The Applicant requests zoning of the subject real property as Medium High Density Residential District (R-15). It is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed /Planned Use Development. Further, this project is consistent with the Comprehensive Plan goals and policies as follows: RECOMMENDATION TO CIT1T COUNCIL - 2 ANNEXATION AND ZONING - SUNDANCE, LLC - 5UNDANCE VILLAGE Goals: GOAL 4: To provide housing opportunities for all economic groups within the community. GOAL 8: To establish compatible and efficient use of land through the use of innovative and functional site design. GOAL 9: To encourage a balance of land use patterns to insure that revenues pay for services. Economic Development: 3.1U Approve quality housing projects that meet the needs of all economic levels. 3.2U Encourage efforts to develop and maintain quality neighborhoods and housing which are recognized as basic infrastructure requirements of economic development. Land Use: Goal: All land use development in the Meridian area will be considered an asset to the community and not detract from our quality of life. 2.1 U Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. 2.5U Encourage compatible infill development which will improve existing neighborhoods. 5.16U All development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. 5.17U A variety of coordinated, planned and compatible land uses are desirable for this area, including low -to -high density residential, office, light industrial and commercial land uses. 5.18U Existing residential properties will be protected from RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING - SUNDANCE, LLC - SUNDANCE VILLAGE incompatible land -use development in this area. Screening and buffers will be incorporated into all development requests in this area. Natural Resources and Hazardous Areas: L IU Identify and protect areas with special characteristics such as stream corridors, canals, and wetlands. Control and preserve the natural beauty of Ten Mile Creek, South Slough, and Five Mile Creek. 1.2U Minimize waste disposal in the Meridian area by providing public/private recycling opportunities, discouraging the use of non - biodegradable materials, providing adequate public trash receptacles, and enacting recycling incentives. Transportation: Both Overland and Locust Grove are designated as Minor Arterials in APR's functional Street Classification document. Due to their required width, Minor Arterials may serve as land use buffers for incompatible uses and boundaries between neighborhoods. Housing: 1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes and multi -family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development. 1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged. 1.9 The efficient use of land for public facilities, transportation systems, utilities, and the economic arrangement of buildings should be promoted. 1.12 Land development regulations should be revised to encourage the infilling of existing vacant parcels within the city limits. RECOMMENDATION TO CITY COUNCIL - 4 ANNEXATION AND ZONING - SUNDANCE, LLC - SUNDANCE VILLAGE 1. 14 Design and performance standards should be applied to infilling development in order to reduce adverse impacts upon existing adjacent development. 1.15 Owners or remnant residential parcels or partially -developed residential parcels should be encouraged to consolidate these properties where possible to prevent the proliferation of small parcels of vacant land within the city limits. 1.19 High-density development, where possible, should be located near open space corridors or other permanent major open space and park facilities, and near major access thoroughfares. Open Space. Parks and Recreation: 5.3 Any fish, wildlife and vegetation species and habitat should be protected and maintained along Five Mile, Nine Mile and Ten Mile Creeks, and the South Slough, provided it is in the best interests of the City of Meridian. Consideration should be made for the land uses in these areas to minimize the risk of pollution. 5.4 The City of Meridian will consult with the Idaho Department of Water Resources, Idaho Department of.Fish and Game, and the Nampa -Meridian -Irrigation District to explore and investigate the implementation of Waterway Environmental Projects for the purpose of improving and enhancing fish and wildlife habitat contiguous to Five Mile, Nine Mile and Ten Mile Creeks and the South Slough. Community Design: 1.8 The appearance of natural creeks (Five Mile, Nine Mile, Ten Mile and South Slough) throughout commercial activity centers, industrial review areas, residential areas and Old Town should be improved and harmonized with adjoining land uses in order to protect water quality of the streams for beneficial uses, as well as to enhance their environmental amenities. 2.2U Encourage area beautification through uniform sign design that enhances the community. RECOMMENDATION TO CITY COUNCIL - 5 ANNEXATION AND ZONING - SUNDANCE, LLC - SUNDANCE VILLAGE 12. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested annexation and zoning 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 Applicant shall submit a metes and bounds legal description, one for the rezone parcel and one for the annexation and zoning parcel, that references the recognized government corners, prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. 1.2 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 1.3 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. 1.4 Staff does not feel a Development Agreement should be a requirement of annexation. As a safeguard, the Mixed/Planned Use Development district requires CUPs for all future development. RECOMMENDATION TO CITY COUNCIL - 6 ANNEXATION AND ZONING - SUNDANCE, LLC - SUNDANCE VILLAGE Adopt the Ada County Highway District's Recommendations as follows: 1.5 A dedication of 48 feet of right-of-way from the centerline of Overland Road abutting the parcel is required by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), -vvhichever occurs first. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 188. 1.6 A dedication of 48 feet of right-of-way from the centerline of Locust Grove Road abutting the parcel is required by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 188. 1.7 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 1.8 Other than the access points specifically approved with this application, direct lot or"parcel access to Overland Road or Locust Grove Road is prohibited. Z:\Work\M\Meridian 15360M\Sundance Village\AZ.Rec RECOMMENDATION TO CITY COUNCIL - 7 ANNEXATION AND ZONING - SUNDANCE, LLC - SUNDANCE VILLAGE ,a CITY OF Ai i" _1I ILAN Z( NNIN01,9 y tr\'tMCNt � Ada Count 'i4i 4wa ' & Sherry R. Huber, President 318 East 37th Street Judy Peavey -Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Givens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner e-mail: tellus(@achd.ada.id.us July 15, 1999 TO: Sundance, L.L.C. 132 S. 600 East Salt Lake City, Utah 84102 FROM: Steve Arnold, Senior Analyst Planning & Development Division SUBJECT: MCUP99-018/MAZ99-009 Overland Road/Locust Grove Road Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on July 7, 1999. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 387-6170. cc: Plan&Dev Svcs-chron/file John Edney Chuck Rinaldi City of Meridian Pinnacle Engineers SA JJ J J U L 3 0 1999 its, ref "I iar Cit v C,err > f ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report MCUP99-018/MAZ99-009 Overland Road/Locust Grove,Road The applicant is requesting conditional use approval to construct 300 multifamily apartment units. The applicant is also requesting a rezone from RT to R-15. The 20.35 -acre site is located at the northwest corner of Overland Road and Locust Grove Road. This development is estimated to generate 2,400 additional (20 existing) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Overland Road Locust Grove Road ACHD Commission Date - July 7, 1999 - 12:00 p.m. f W 0�' Q W �-' ry W W Facts and Findings: A. General Information Applicant - Sundance, LLC RT - Existing zoning R-15 - Requested zoning 20.35 - Acres 300 - Proposed dwelling units 287 - Traffic Analysis Zone JAZ) West Ada - Impact Fee Benefit Zohe Western Cities- Impact Fee Assessment District Overland Road Minor arterial with bike lane designation Traffic count of 10,054 on 7-16-98 620 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 96 -feet required right-of-way (48 -feet from centerline) Overland Road is improved with a 2 -lane street section with no curb, gutter or sidewalk abutting the site. Overland Road between SH -69 and Locust Grove is listed as "funded" in the District's 5 -Dear Work Program for 2002. Locust Grove Road Minor arterial with bike lane designation (as listed on the APA Long Range Street Map) Traffic count of 156 on 7-16-98 (n/o Overland Road) 350 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 96 -feet required right-of-way (48 -feet from centerline) Locust Grove Road is improved with 25 -feet of pavement with no curb, gutter or sidewalk abutting the site. B. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. C. Interstate 84 is under the jurisdiction of Idaho Transportation Department (ITD). Application materials should be submitted to ITD for review and requirements of that Department and the applicant should submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), Whichever occurs first. The applicant may contact District III Traffic Engineer Walter Burnside at 334-8340. x {. MCUP9918.C11I1M Pave 2 D. The applicant is proposing a driveway on Overland Road located approximately 275 -feet west of the east property line. District policy requires that driveways on Overland Road be located a minimum of 315 -feet from the future back of curb of Locust Grove Road. The applicant should be required to relocate a 24 to 30 -foot wide driveway with 15 -foot radii pavement tapers on Overland Road a minimum of 315 -feet from the future back of curb of Locust Grove Road. Coordinate the location of the driveway with District staff. E. The applicant is proposing a driveway on Locust Grove Road located approximately 310 -feet north of the south property line. District policy requires that driveways on Overland Road be located a minimum of 315 -feet from the future back of curb of Overland Road. The proposed driveway location does not meet District policy. The driveway should be relocated to a point a minimum of 315 -feet from the future back of curb of Overland Road. The driveway should be constructed 24 to 30 -feet wide with 15 -foot radii pavement tapers. Coordinate the location of the driveway with District staff. F. The applicant is proposing an emergency access road on Locust Grove Road adjacent to the north property line. There are no driveways within 150 -feet from the proposed emergency access road. The District has no policy in regards to the location and design of emergency access roads. If the proposed emergency access road were a private driveway, District policy requires that it be offset 150 -feet from all existing driveways. The proposed emergency access road meets District policy for a private driveway location. The applicant is aware that this access location will be eliminated when Locust Grove Road is extended across 1-84. G. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District the applicant should .be required to pave the driveway its full width of 24 to 30 -feet and at least 30 -feet beyond the edge of pavement of Overland Road or Locust Grove Road and install pavement tapers with 15 - foot radii abutting the existing roadway edge. H. The applicant should be required to construct a center turn lane on Overland Road from the Overland Road/main°driveway entrance intersection to the Overland Road/Locust Grove Road intersectiori'. The turn lane should be constructed to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the center turn lane on Overland Road with District staff. District policy requires the applicant to provide a $12,000.00 deposit to the Public Rights -of - Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Overland Road abutting the parcel (approximately 620 -feet). District policy requires the,applicant to construct a 5 -foot wide concrete sidewalk on Locust Grove Road abutting the parcel. The sidewalk should be located two feet within,the new right- of-way of Locust Grove Road. Coordinate the location and elevation of the sidewalk with District staff. K. As required by District policy, restrictions on the width, number, and locations of driveways, may be placed on future development of this parcel. MCUP9918.CMM Pa,e 3 L. The existing transportation system will be adequate to accommodate the additional traffic venerated by this proposed development with the requirements outlined within this report. The following requirements are provided as conditions for approval: Site Specific Requirements: Dedicate 48 -feet of right-of-wav from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution o f a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact=fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. _• ;: W4, Dedicate 48 -feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a,final subdivision plat or execution ofa warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance#188. - 3. Locate a driveway on Overland Road a minimum of 315 -feet from the future back of curb of Locust Grove Road. Pave the driveway its full width of 24 to 30 -feet and at least 30 -feet beyond the edge of pavement of Overland Road and install pavement taperswith 15 -foot radii abutting the existing roadway edge. Coordinate the location of the driveway,.wiih District staff. 4. Locate a driveway on Locust Grove Road a minimum of 315 -feet from the future back of curb of Overland Road. Pave the driveway its full width of 24 to 30 -feet and, at least 30 -Feet beyond the edge ofpavement•of Locust Grove Road and install pavement tapers with t5 -foot radii abutting:the existing roadway edge. Coordinate the.iocation.of the drivewayswith District staff. 5. Construct a center turn lane on Overland Road from the Overland Rbad/main driveway entrance'intersection to the Overland Road/Locust Grove Road intersection. Constrict the turn lane to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the designfof the center turnlane with District staff. 6. Locate thes.emergency,access road on Locust Grove Road adjacent.to the north'property line. Pave the emergency, access.road its full width of 24 to 30 -feet and at least 30 -feet beyond the edge of pavement,of Locust Grove.Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. The emergency access road will be closed when Locust Grove Road is extended across 1-84. �. , MCUP9913.CI1.N/1 Patze 4 Provide a $12,000.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing a 5 -foot wide concrete sidewalk on Overland Road abutting the parcel (approximately 620 -feet). S. Construct a 5 -foot wide concrete sidewalk on Locust Grove Road abutting the parcel. The sidewalk shall be located two feet within the new right-of-way of Locust Grove Road. Coordinate the location and elevation of the sidewalk with District staff. 9. Comply with requirements of ITD for Interstate 84 frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Walter Burnside at 334-8340. 10. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. It. Other than the access points specifically approved with this application, direct lot or parcel access to Overland Road or Locust Grove Road is prohibited. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. TheThe reairie� shall specifically id n ify each mgltirement to be reconsidered and include a written explanation of why such a requirement would r salt in a substantial hardship or in"uity. The written request shall he submitted to the District no later than 9.00 a.m. on the day scheduled for ACRD Commission action Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify cach rcquirement to be reconsidered an� include writt= documentation -Qf data that was not available to the Commission at the time of its original deci limon The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. MCUP9913.CMM Page 5 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant`shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. It is the responsibility of the applicant to verify all existing`uti11ties within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or,filled) are compromised during any phase of construction. 8. No change in.the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and'an authorized representative of the Ada'County Highway District. The burden shall be upon the applicant to 1.1 obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. MCUP9918.CMM Page 6 �MMr SUPERINTENDENT Christine H. Donnell June 17; 1999 J U l_ 4 1999 iCTTY 0,111 1 -IDUN, 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: SUNDANCE APARTMENT COMMUNITY Elementary School: Mary McPherson Elementary JSchool Middle School: Lake Hazel Middle School High School: Meridian High School Comments and/or Recommendations: Mary McPherson Elementary School is over capacity. Lake Hazel Middle School is at capacity and will remain so until the fifth middle school comes on line in'the fall of 2000. Meridian High School is also over capacity. We can predict that these homes, when completed;' will house ninety-nine (99) elementary aged children, seventy-five (75) middle school aged children, and sixty-eight (68) senior high aged students. Even though, we are in a difficult'position and need your help in dealing with the impact of growth on schools, we will approve this development. Sincerely, Jim Carberry, Administrator of Support Services BOARD OFTRUSTEES Rex Harrison • wall)' Hedrick • Holl} Houfburg • David Wynkoop 9 Steve Mann E-MAIL: RSRAWPPMG.COM September 15, 1999 `Shan=Stiles, Planning and Zoning Administrator Gary Smith, Chief Engineer Re: I. Conditional Use Permit - Sundance LLC 300 Unit Multi Family Housing 2. Annexation and Zoning - Sundance LLC - Sundance Village 3. Conditional Use Permit - Wes Worcester, Townhouse Conversion 4. Preliminary Plat - Pinnacle Engineers - Railside Park Subdivision 5. Conditional Use Permit- - Ray Chase - Child Care Facility Expansion 6. Annexation and Zoning - Charles Crane - 3610 W. Ustick 7. Rezone - Mike Gamblin - Cherry Lane/Leisure Lane Please find enclosed a copy of the Recommendations to the City Council by the Planning and Zoning Commission on the above referenced applications. Please note these matters will be heard before the City Council on September 21 ", 1999. The City Council requests that you be prepared at the hearing to specifically address the Recommendations of the Planning and Zoning Commission. If you disagree with those recommendations, please state which ones and the reasons. If you propose any additional recommendations, conditions, etc., please prepare your recommendations in writing so you may submit the same to the City Council at the hearing. The Council appreciates your attention to this request. It will assure that the 'i WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. JUSTIN P. AYLSWORTH ATTORNEYS AT LAW KATHY J. EDwARDs NAWA OFFICE JULIE KLEIN FISCHER 200 EAST CARLTON AVENUE, SUITE 31 10491 AVE. S. WM. F. QGRAY, III POST oPKcE Box 1150 ' " POST OFFICE Box 247 D. SAmuEL JOHNSON a MERmiAN, IDAHO 83680-1150 NAMPA IDAHO 83653-0247 WH,LIAM A. MoRRow TEL. (208) 466-9272 CHRISTOPHER S. NYE T)EL (208) 288-2499 FAX (208) 4664405 PHILIP A. PETERSON FAx (208) 288-2501 STEPHEN L. PRuss t ERIC S. ROSSMAN PLEASE REPLY TO TODD A. RossMAN MERIDIAN OFFICE R. STEPHEN RUTHERFORD TERRENCER. WHITE E-MAIL: RSRAWPPMG.COM September 15, 1999 `Shan=Stiles, Planning and Zoning Administrator Gary Smith, Chief Engineer Re: I. Conditional Use Permit - Sundance LLC 300 Unit Multi Family Housing 2. Annexation and Zoning - Sundance LLC - Sundance Village 3. Conditional Use Permit - Wes Worcester, Townhouse Conversion 4. Preliminary Plat - Pinnacle Engineers - Railside Park Subdivision 5. Conditional Use Permit- - Ray Chase - Child Care Facility Expansion 6. Annexation and Zoning - Charles Crane - 3610 W. Ustick 7. Rezone - Mike Gamblin - Cherry Lane/Leisure Lane Please find enclosed a copy of the Recommendations to the City Council by the Planning and Zoning Commission on the above referenced applications. Please note these matters will be heard before the City Council on September 21 ", 1999. The City Council requests that you be prepared at the hearing to specifically address the Recommendations of the Planning and Zoning Commission. If you disagree with those recommendations, please state which ones and the reasons. If you propose any additional recommendations, conditions, etc., please prepare your recommendations in writing so you may submit the same to the City Council at the hearing. The Council appreciates your attention to this request. It will assure that the Council has the benefit of understanding your position in these matters and it will help limit the need for testimony. Enclosure ey/ Very truly yours, R. SR-tepe utherford r yt a moi: t BEFORE THE PLANNING AND ZONING COMMISSION �y IN THE MATTER OF THE } Case No. CUP=99-018 REQUEST FOR CONDITIONAL ) USE PERMIT FOR 300 -UNIT ) RECOMMENDATION TO CITY x` MULTI -FAMILY HOUSING ) COUNCIL b SUNDANCE, L.L.C., Applicant ) x .. INTRODUCTION a 1. The property -is located on the northwest corner of Overland Road.and Locust Grove Road, Meridian, Idaho. 2. The three owners of record of the subject property are Idaho Icing µ Corporation, of 2995 N. Cole Road, Ste. 255, Boise, Idaho; Locust Grove Properties k: of 2995 N. Cole Road, Ste. 255; Boise, Idaho; and Rem, Phyllis, Max and Blanche c7 � a Swindell of 2995 N. Cole Road, Ste. 255,=Boise,'Idaho.. - 3. Applicant is Sundance, L.L.C.,aof 132 S. 600 E., Salt Lake City, Utah, 4. The subject property is currently zoned Ada County Rural Transitional (R -T) and there is 'apending' application for Meridian City Medium High Density Residential (R- 15). The zoning district of R-15 is defined within the City of Meridiani Zoning and Development Ordinance, Section 11.-2-408(5). 5. The proposed application requests a conditional use permit for RECOMMENDATION TO CITY COUNCIL - I CONDITIONAL USE PERMIT—SUNDANCE, LLC — 300 UNIT MULTI- FAMILY HOUSING 13 3 -r construction and development of 300 units of multi -family housing, 100, 2 -bedroom units, 200 3 -bedroom units.. The subject property is designated Mixed Planned Unit Development i,n the Meridian .Comprehensive Plan. The R-1 S zoning desigiiation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained in this instance. (Meridian City Zoning and -Development Ordinance, Section 11-2-409(a)). 6. The Meridian Planning.and Zoning. Commission recognizes that the 4 proposed application is in compliance with the Meridian. Comprehensive Plan as " enumerated. in the Recommendations of Approval to the City Council for Annexation' G andFZoning of the Subject Property. °7. The use proposed within the subjecCapplication will in fact, constitute a „ conditional ,use as 'determiried by City Policy. t - 8. The Meridian Planning and Zoning Commission takes note `of and recognizes the concerns of neighboring'resideints with regard to traffic on Overland Road and Locust "Grove -Road, as.well as impact on traffic through Sportsmen's Point =Subdivision. 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 RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT—SUNDANCE, LLC — 300 UNIT MULTI- FAMILY HOUSING 4 permit as requested. by the applicant, subject to ',.the following: Adopt the Meridian Fire Department's Recommendations as follows: 1.1 Applicants shall satisfy all fire code; requirements including those pertaining to water flow and fire hydrants. 1.2 All, roads will be constructed before building is started with appropriate street name signs. 1.3 Additional fire hydrants shall be added. I u4 A fire sprinkler system shall' be installed in all buildings. 1, 5 The emergency access road should be used for regular ingress and egress. If the road remains an emergency access road only, there can be no parking of vehicles, trailers or equipment in the emergency access roadway. 1.6., Approved barricade by Meridian City and Ada County Highway District. Adopt the Central DistrictHealthD'epartment's Recommendations as follows: 1.7 The Applican`t's central sewage-and central water-plans must be submitted to and approved by the Idaho Department of Health Welfare, Division of Environmental Quality. 1.8 Run -off is not to create a mosquito breeding problem. L9 ' Stormwater.shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.10 The Engineers and architects involved with the design of the subject ._ . project shall obtain current best management` practices for stormwater disposal and, design, a stormwater management system that prevents groundwater and'surface waterdegradation. RECOMMENDATION TO CITY COUNCIL -x3 CONDITIONAL USE PERMIT SUNDANCE, LLC — 300 UNIT MULTI- FA.MILY4HOUSING f , - .. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: 1.11 Applicant shall submit a° Land Use Change/Site Development application°for review prior to final platting. 1.12 Requires all laterals and wasteways_be. protected,. 1.13; All municipal surface drainage shall be'retained on site. 1,.14 Developer must complywith Idaho Code § 31-3805.. r Adopt the Planning and -k- Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.15 No encroachments into the existing sanitary sewer easements will be allowed 1.16 Sanitary; sewer service to this site will be via an extension from the existing main adjacent to the proposed development. Applicant will`be' responsible for construct of the sewer mains to and through this proposed development. Project designer shall coordinate main sizing and,routine with the Public Works Department. 1.17 Applicant will be responsible for construction -of the water mains to and through this proposed, development. Project designer, shall coordinate main sizing and routine with the Public Works Department. 1.18 Overland Road is designated as an Entryway Corridor and all signage' should comply with the Comprehensive Plan policy of uniform sign design that enhances the community and is aesthetically -pleasing. Staff recommend monument signage. Detailed signage plans will be subject to design review and separate permits. 1.19. Ordinance 9-607.H., Design Standards for Planned Developments - y Residential (PD -R), requires storage areas -to be provided for the anticipated needs of boats campers and trailers. Applicant should revise plan to provide for appropriate number of storage stalls OR submit a letter to the Commission justifying reason(s) for not providing a storage RECOMMENDATION TO CITY'COUNCIL - 4 CONDITIONAL USE PERMIT—SUNDANCE, LLC — 300 UNIT MULTI- FAMILY HOUSING " n 4 L s area. r` 1:20 A.minimum of two '(2) parking stalls per dwelling unit must be provided k..on site. - , 1.21 For the number of parking spaces shown (618), a minimum-of thirteen (13) handicapped accessible spaces would be required. Onlv nine,(9) are shown. Apartments may require that each' building have an accessible space' and ramp. All applicable Fair Housing and -ADA requirements for multi-faihily hoiusing_must.,be.met. t a 1,22 Underground pressurized irrigation must be provided to all landscape �. areas on site Please submit hook-up and design details based on the R " y proposed landscaping. Due to- the landscape area, primary water supply } connection to the City's mains will not be allowed. Developer shall be required to utilize any existing surface or well water for the primary 4 source. If City water is proposedasa sec6ndary source, developer shall be responsible to pay water assessments'for the entire common open area. k 1.23 Applicant-shall provide fencing details for the boundary adjacent to Nine'Mile Drain. Non-combustible fencing is required. The fence 14, ? ` should be designed considering public safety and aesthetics that match the high quality of the development. °1.24 Assessment°fees'for water, and sewer service are determined during the building plan review, process. - 1.25 Any existing irrigation/drainage. ditches crossing the property, to be included in this project, shall be tiled per City Ordinance 11-9-605.1: 1-e'ditches to be°piped'should be shown on the site-plans. Plans will need to be approved by the appropriate irrigation/d'rainage district, or Iateral`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. } 1.26 Any existing domestic wells and/or septic systems within this project will A have to be removed.from,:their domestic service per City Ordinance RECOMMENDATION`TO CITY COUNCIL - 5 CONDITIONALUSE PERMIT=SUNDANCE, LLC — 300 UNIT MULTI-, FAMILY HOUSING q a „d Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 1.27 Off-street parldngishall be provided in accordance with.Section 11-2- . . F 414 of the .City ofMeridian Zoning and Development Ordinance. 1.28, Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian 'y Zoning ,and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.29 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 1.30 Outside lighting shall be designed and placed so as not to direct *}` illumination onlany.nearby residential areas and in accordance with 3 City Ordinance Section 1 1-2=414.D.3. 1.31 All signage shall be in accordance with the standards set forth in Section -1-1-2-415 of,the City of Meridian Zoning and Development Ordinance", No temporary signage, -flags, banners or flashing signs will be permitted. ` 1.32- Five -foot -wide sidewalks shall be constructed in accordance with City Ordinance Section 1, 1-9-606.B. All construction shall conform to the requirements of the Americans with Disabilities Act. w 1.33 Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed."site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to, determine whether adequate fire protection exists. t 1.34 : Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 1-.35 All incompatible land uses require a minimum twenty foot (20) screen. 'Applicant shall revise site plan -to show appropriate buffer on -the RECOMMENDATION TO CITY COUNCIL - 6, } CONDITIONAL USE PERMIT—SUNDANCE, LLC — 300 UNIT MULTI- FAMILY HOUSING s northeast boundary with the natural gas business. 1.36 The landscape plan shows a 35 -foot buffer on Overland Road at the main entrance for approximately 115 feet in both directions and then narrows to a 20 -foot buffer. Overland is designated as an entryway corridor in the Comprehensive Plan and requires the 35 -foot buffer along the entire frontage of the property (excluding drives) bevond"the future right-of-way. Plan shall be revised to -address this issue. Note that street frontage landscape strips may be included in the required a 10% open space calculation for Planned Developments. 1.37 r, The landscape plan shows a 20 -foot buffer along 1-8,4. The freeway is designated`as an entryway corridor in the Comprehensive Plan and x requires the 35 -foot buffer along the entire frontage of the property. ..- Plan shall be revised to address this issue. Street frontage landscape strips may be included in the required 10% open space standard for ` Planned Developments. 1.38 The site plan tabulation shows the total -open space area as 10.4 acres (51.5% of site). While no details' of the calculation -were submitted, it rF appears this calculation incorporates all drive and parking areas. Open :space areas exclude vehicular and service areas. Applicant shall submit revised open space calculations. 1.39 Staff encourage site design and building layout to preserve the existing trees on the southeast parcel., 1.40 One three-inch (3") caliper tree is'required per 1,500 s.f. of asphalt on the site. Calculations showing total asphalt area and required number of - trees must be shown on face of landscape plan. 1.41 'Particular attention will need to be paid to lighting plans to ensure 1-84 traffic is not impacted by glare, as determined by the Citv of Meridian. a 1.42 Staff encourage the provision of five-foot pathways to provide for enhanced pedestrian:circulation internal to the project, particularly between principal buildingluses. s' RECOMMENDATION TO CITY COUNCIL - 7 - CONDITIONAL USE PERMIT —SUNDANCE, LLC — 300UNIT MULTI- FAMILY HOUSING M r r 4. 1.43 Applicant shall coordinate locations and construction requirements` With Meridian'Sanitary. Service, Inc., and provide a letter of approval from their office prior to applying for building permits. 1.44 Nine Mile.'Creek habitat should be 'protected and maintained, provided it is in the best interests of the City of Meridian. Consideration should be made for`the land uses in these areas to minimize the risk of pollution and to preserve the natural beauty of Nine Mile'`Creek. The Planning and Zoning Commission further recommends: 1.45.,: The applicant shall incorporate appropriate sound buffering -along the I-84 "freeway corridor. H E ey/Z:\W0r1,\M\Meridian 15360M\Sundance Village\CUP.Rec ., � n r r + F% . Y L 7 v RECOMMENDATION TO CITY COUNCIL - 8 CONDITIONAL USE'PERMIT —SUNDANCE, LLC — 300 UNIT MULTI- FAMILY HOUSING x BEFORE THE PLANNING AND ZONING COMMISSION e a i IN THE MATTER' OF THE ) Case No. AZ -99-009 REQUEST FOR ANNEXATION' ) AND ZONING OF 20.35 ACRES ) RECOMMENDATION TO CITY FOR THEPROPOSED ) COUNCIL SUNDANCE VILLAGE NORTH ) OF OVERLAND AND. WEST OF ) } LOCUST GROVE ) BY SUNDANCE, L.L.C. ) 3 INTRODUCTION ry 1. The property is approximately 20.35.acres in size.' F 2.'- The three owners. of record of the subject property are: Idaho Icing Corporation, of 2995N. Cole Road, Ste. .255, Boise, Idaho; Locust Grove Properties ` of 2995 N" Cole Road, Ste. 255, Boise, Idaho; and Rex, Phyllis, Max and Blanche Swindell of 2995 N. Cole Road, Ste. 255, Boise, Idaho. 3. Applicant is Sundance L.L.C., of 132 S. 600 E., Salt Lake City, Utah. 4: The property ,is .presently zoned by Ada County as Ada County Rural Transitional (R -T), and consists of storage of manufactured homes- and two abandoned`houses. k - 9 5. The Applicant requests the property be zoned as Medium High Densitv Residential (R-15). 6. The,proposed site of the subject property is located on the northwest RECOMMENDATION TO CITY COUNCIL- I ANNEXATION AND ZONING- SUNDANCE, LLC - SUNDANCE VILLAGE F s 'corner of OverlandRoad and Locust Grove Road and south of I-84. ' 7 The subject property is bordered to the north by Meridian City General Retail and Service Commercial' (C -G) zone, and I-84, to the west by Timothy Subdivision and Nine Mile Creek, to the south by Sportsman's Point Subdivision and g to the east by Ada.County Rural zoning. The city limits of the,Citv,of Meridian are ' m ,adjacent and abut'to the north, and south property lines of the subject property. 8. The property which is; the subject of this application is within the Area of Impact of the City of Meridian. 9. The entire parcel of the property is included within the Meridian Urban - Service Planning Area`as the, Urban Service. Planning Area is defined in the Meridian. 6 Comprehensive Plan. `¢ Y 10. The Applicant proposes to develop, the subject property in the following manner:` by construction and development of 300'units of multi -family rentals including 100 2 -bedroom units and -200 3 -bedroom units. 11. The Applicant requests zoning of the subject real property as"Medium High Density Residential District (R-15). It is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject , P proper`ty-as Mixed /Planned Use Development. Further, this project is consistent with the Comprehensive Plan goals and policies as" follows: 3 RECOMMENDATION TOCITY COUNCIL - 2 ANNEXATION AND ZONING'- SUNDANCE, LLC-- SUNDANCE VILLAGE r Goals: s s GOAL 4 To provide housing opportunities for all economic groups within the community. { y GOAL'8: To establish compatible and efficient use of land through the use of innovative and functional site design. GOAL.9: To encour"age a balance of land use patterns to insure that revenues pay'for services. Economic Development: k - 3.1U Approve quality housing,pro'ects that meet the needs of all economic -levels. 3.2U Encourage efforts to develop and maintain quality neighborhoods x and housing which are recognized as basic infrastructure _ - requirements.of economic development. - 4 Land Use: Goal: All land use development in the Meridian area _will �be considered an asset to,the community and not detract --from our quality of life. 2.1U Support -a variety of residential categories for the purpose bf providing the City with a range of affordable housing opportunities. R � K 2.5U Encourage, compatible -infill "development which will improve existing neighborhoods. 5.16U All development requests will be subject to development review and $" } conditional use permit processing to,ensure neighborhood compatibility. 5.17U A variety of coordinated; planned and compatible land uses are _ desirable for, this area, including low -to -high density residential, t office,.light industrial and commercial land uses. 5.I8U Existing residential properties will be protected from RECOMMENDATION TO CITY COUNCIL - 3' ANNEXATION AND ZONING - SUNDANCE, ELC - SUNDANCE VILLAGE { °k Im incompatible land -use development in this area. Screening and buffers will be'incorporated info'all development requests in this area. 1 11 1 " ., 0 Natural Resources and Hazardous Areas: ,, _ _ is �� - �• ;� , 1.1 U �Identify and protect `areas with special characteristics such as stream _corridors, canals, and`wetlands` Coritrol=and preserve the natural.beauty of Ten Mile`Creek, South Slough, and Five Mile Creek. 1.2U Minimize waste disposal` in the Meridian area by providing, public/private recycling' opportunities,'discouraging the use of non - `biodegradable materials, providing adequate public trash receptacles, and enacting recycling incentives. 3 Transportation: Both Overland and Locust Grove are designated as Minor Arterials, in APA's functional Street Classification"docume`nt. Due to their required width, Minor Arterials may serve as`land iuse buffersforf'incompatible uses and boundaries between neighborhoods. r Housing:,f r ;. 1.1 The City of Meridian intends tb provide' -for a wide diversity of housing types (single-family, modular, mobile homes and multi -family arrangements) and choices between ownership and rental dwelling units for all income groups in a --variety of locations` suitable for residential .development. 1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged..f,. 1.9 The efficient useof land'for public facilities; transportation systems, utilities, and the economicarrangementW buildings should be promoted. 1.12 Land development regulations should be revised to encourage the infilling of existing vacant parcels wi'thiri the city limits. RECOMMENDATION°TO CITY COUNCIL - 4 ANNEXATION AND ZONING - SUNDANCE, LLC - SUNDANCE VILLAGE ZONING F s. h 1.14 Design and performance standards should be applied to infilling development in order to reduce adverse -impacts upon'existing adjacent development. ,1.15 Owners or,remnant residential parcels or partially -developed residential , parcels -should be encouraged to consolidate these properties where possible to prevent 'the„proliferation of small parcels of vacant land .° within the city limits. 1.19 Higl -density development, where possible, should be located near open space corridors or other permanent major open space and park. facilities, And near major access thoroughfares. Open Space, Parks and Recreation: - r 5.3 Any fish, wildlife and vegetation species and habitat should be protected } and maintained along Five Mile, Nine Mile and Ten Mile Creeks, and the South Slough, provided it is in -the best interests of the City of Meridian. Consideration should be made for the land uses in these areas to minimize the risk of pollution. r 5.4 The City of Meridian.wll consult with the Idaho Department of Water Resources, Idaho Department of Fish and Game, and the Nampa-MeridianI Irrigation District to explore and investigate the implementation of Waterway Environmental Projects for the purpose of improving and enhancing fish and�wildlife habitat contiguous to Five Mile; Nine Mile and Ten Mile Creeks and -the South Slough. Community Design: P 1.8 The appearance of natural creeks (Five Mile, Nine -Mile, Ten Mile and South Slough) throughout commercial activity centers, industrial review areas, residential areas and Old Town should be improved and ” harmonized with adjoining land uses in order to protect water quality of the streams for beneficial uses, as well as to enhance their environmental amenities. 2.2U Encourage area beautification through uniform sign design that enhances the community. RECOMMENDATION TO CITY COUNCIL - 5 ANNEXATION AND ZONING- SUNDANCE, LLC - SUNDANCE VILLAGE k s s 4 • 12. There are no significant or scenic features of major importance that p # F � affect the consideration of this -application. • - RECOMMENDATION a l . The Meridian, Planiiing and Zoning Commission hereby recommends to a " 'the City Council of the City of Meridian that they approve the requested annexation- and zoning 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. Applicant shall submit a metes and bounds legal description, one for the F rezone parcel and one for the annexation and zoning parcel, that references the recognized government corners, prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. 1.2 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. r �- 1.3 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. p Staff does not feel a Development Agreement should be a requirement s of annexation. As a safeguard, the Mixed/Pl"anned Use. Development° district requires CUPs for all future development. q ' t RECOMMENDATION TO "CITY COUNCIL - 6 ANNEXATION •AND ZONING - SUNDA.NCE, LLC - SUNDANCE VILLAGE f Adopt the Ada' County Highway District's Recommendations as follows:, k 1.5 A dedication of 48 feet-of right-of-way, from the centerline.of Overland Road abutting the parcel is required by means of recordation of a final subdivision plat or.execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner-will be compensated for all right-of-way dedicated as an addition r to existing right-of-way from available,impact fee revenues in this benefit -zone, if the owner submits a letter of application, to the impact fee administrator prionto breaking ground, in accordance with Section ' r 15 of ACHD Ordinance # 1:88. 1.6 A dedication of 48 'feetof right-of-way from the centerline-of Locust Grove Road abutting, the parcel is required by means of recordation of a final subdivision plat or execution of a warranty deed prior to `issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-way dedicated as an m addition to existing right-of-way_ from available impact fee revenues in this benefit zone, if.the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with n. Section 15 of ACHD Ordinance #188. 1_.7 As required by,District`policy, restrictions on the width, number and locations of driveways, shall be placed on future development of,this parcel. e , 1.8 Other than the access points specifically approved with thisapplication, direct-lot or parcel :access to Overland Road or Locust Grove Road is prohibited: , Z:\Work\M\Meridian 15360M\Sundance VillageWZ.Rec i t RECOMMENDATION TO�CITY COUNCIL - 7 ANNEXATION AND ZONING SUNDANCE, LLC, SUNDANCE VILLAGE s 4 + s o 9-21-1999 3:51AM FROM PINNACLE ENGINEERS 887 7781 Pl.,!qNACLE. mr.W,rears , Inc. $70 N. LINDER SUITE 8, MERIDIAN, IDAHO 83642 08) 887-7760 C208) 887-7781 FAX FAX TRANSMITTAL DATE: 2 � S�io �"? FROM: TO: 3pa,� C 4vz JOB ##: FIRM: C 1 7Y o Mr-,e,oAj ADDRESS: FAX NUMBER SENT TO: -5 3 -3 -Rka,*;zq C S&P 2 1lggg 1 0 pt P WCV6 NUMBER OF PAGES (INCLUDING COVER SBZET): Z— RE: SEP 21 199 09:55 887 7781 PAGE.01 Sent By: Development; 801 363 1912; Sep -21-99 10:47AM; Paae 112 132 South 600 East Salt Lake City, VT 84102 Telephone: (801) 363-2277 Facsimile: (801) 363-1912 PSC, DEVELOPMENT COMPANY FAX COVER SHEET, DATE: TIME: 11:00 G s SENT BY: Mark Cohen Telephone: (801) 363-2277 Facsimile: (801) 363-1912 TO- grad. lizz w kt r►s - C� ark - Ass i s}-eL h,t ATTENTION'. FAX #: 208- 88:- l;2-9-7 -PACES : a Comments: l-eaaa T)eScn frio-n ,.-%r SEP 21 '99 11.01 801 363 1912 PAGE.01 4iy MERIDIAN PLANNING & ZONING MEETING: AUGUST -251999 APPLICANT: SUNDANCE, LLC ITEM -NUMBER: 5 REQUEST: ANNEXATION & ZONING OF 2'0.35 ACRES (FOR R-15 ZONING) OF LAND FOR PROPOSED 300 UNITS OF MULTI -FAMILY RENTALS AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED LETTER MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning and `_ .ning Commission Meeting July 13, 1999 Page 40 De Weerd: Well Mr. Chairman. I would just move that we recommend approval for the request for a conditional use permit for the Jackson's Food Stores to include staff comments. Borup: Staff written and verbal comments: She specifically added the signage to her written comment. De Weerd: And that's been addressed? Okay. I would do that. MacCoy: Okay do you want to restate all that?' De Weerd: I move that we recommend approval for the conditional use permit for Jackson's Food Stores to include written and verbal staff comments. Borup: Second. MacCoy: Any discussion? All in favor? MOTION CARRIED. ALLY AYES. MacCoy: All right all 3 ayes have it. Thank you. Looking at the clock right now, we try to recess between 9 and 9:30 and it is 9:15 right now. We'll take a 10 minute break and come back and we will pick up with Item 11. MacCoy: Shari, you ready? Stiles: Yes sir. MacCoy: Weare going to reconvene now and it is now almost 9:30. We are at Item 11. 1 had made an announcement earlier this will be continued anyway. a ITEM 11. PUBLIC HEARING: REQUEST "FOR ANNEXATION AND ZONING OF 20.35 ACRES (FOR R-15 ZONING)OF LAND FOR PROPOSED 300 UNITS OF MULTI -FAMILY RENTALS FOR PROPOSED SUNDANCE VILLAGE—BY SUNDANCE, LLC—NORTH OF OVERLAND ROAD AND WEST OF LOCUST GROVE ROAD. MacCoy: Okay, Shari? Any comments? What do you want to tell us? Stiles Mr. Chairman, Commissioner's, in addition to the comments at the beginning of this meeting regarding sewer issues with the following public hearings, we have not made any sites specific comments on this application and pending our receipt of the computer model results, we would ask this be continued to a date certain. Meridian Planning -and'_ .ning Commission Meeting July 13, 1999 Page 41 MacCoy: We don't -have a date though, right? That's what I want to find out. We can do August 10th or we go into something else. De Weerd: What date certain are you recommending? MacCoy: Yeah, or do we even have any idea what we are going to do? Your awful quite over there. You think about it. Stiles: At this point, it's impacting both of them equally, so unless there were a new – totally new date, I don't have any suggestions. MacCoy: Okay, well, if you come up with some good brain -- De Weerd: Oh, so your recommending then that perhaps another date be set to hear these specific ones. MacCoy: But we don't know. If you don't have the information, you can't do anything. Mr. Chairman on (inaudible) I think Shari's referring to our schedule is very loaded so when you impact by continuing it to one of our regular meetings, it just maybe very loaded that evening too. She was referring to maybe a possible special meeting date, or something of that nature. We're just getting rolled over (inaudible). MacCoy: On staff here right now, we had quite a discussion on this earlier this evening trying to pick more dates because we know we're loaded. We got another date in this month and we've got August 10 and August something else and so it goes. That's what she said at that time, a special meeting we've got to name one. All right, she's made her statement, is there anyone here representing this annexation and zoning' project? Okay, since this is all going to be on tape, we going to continue this. Anybody here like to make a statement at this time so they are on record for this project—on the positive side. On the negative side. All right. I am going to hit somebody's nerve here pretty soon. Hensey: David Hensey, 2298 Weimaraner. De Weerd: Excuse me sir. 1 think we need to officially open the public hearing. MacCoy: I did. De Weerd: Did you. Sorry, we missed that. Hensey: I you know the south side of the freeway 1-84 is the land of no street light and one lane freeways, no turn lanes what so ever. With the high growth of the subdivisions in that area, the traffic has become increasingly worse. Meridian Planning and- ;ning Commission Meeting July 13, 1999 Page 42 Borup: Sir, I'm not sure we got your name for the record. Hensey: David Hensey. MacCoy: He gave that. Borup: Counsel did not get it down. Hensey: You know, that where there is a street light at Meridian and Overland, that is the most congested area in town. If you are trying to get off the freeway and get up here, and what the main =what i have done over the last couple days since we really didn't hear about this is I took a paper out to 100 units in the Sportsman Point Subdivision and we received signatures from, at this point, 25 back, given only 2 days, opposing this. The main issue talking to these people is traffic. This is a 300 unit development, 1.5 cars, you've got 450 cars potentially coming in and out of this. Secondly, there are no parks on our side of the freeway. The Sportsman Point Subdivision does have a park. How do you police that. If needed, how do you police that. Schools are overloaded on our side too. Anything like this where you have a high number of units coming in immediately is going to have a severe impact. We feel that, talking to a lot of people in the subdivision, this area is more suitable for commercial, like they had before with the tractors—John Deere and (inaudible) which actually (inaudible)` favorable for the area. They put nice birms up. ' You know being in a area right along the freeway, prime freeway advertising space, we feel that the Council should look at the opportunities of allowing that area for more of a commercial than a residential or apartment development. MacCoy: You raise a very good point.' I live in the Meridian Green area. Same location and just for your quick information, on the south side of Overland we will have—that's all .schooled for R-4 housing and a school, either elementary or a high school and one over on Eagle. The Overland is supposed to go to three lanes immediately. What that means, it's going to be some years I am sure. (Inaudible) for 5 lanes and we have discouraged the trucking operation you've seen signs for the last four companies that wanted to come in there because they wanted to end up not being like John Deere, not being like Caterpillar. Those are 8 to 5 type information work operation and they are fairly quiet. We don't want for all of you people, all of us impact hammers and paint fumes and everything else going in. We as a Commission this one and our Council as well as the Mayor, we've been trying to discourage anything like a trucking operation, but more like a John Deere. Your right. John Deere's a good partner. So we are working on your behalf, our behalf. I just wanted to let you know we are not sitting here dead in the water. Hensey: is there submitting signatures or petitioning against this— MacCoy: You can do that. We're having an open public hearing— Meridian Planning and`--,ning Commission Meeting July 13, 1999 Page 43 Hensey: I am going to gather more. Would it be better another time to bring these _ back. MacCoy: You can bring them in the next time we have a meeting. In fact, I would advise you to do so. Hensey At the rate we are getting we could take it to. Raven Hill and the Salmon Rapids and easily come up with 500 against this. MacCoy: Very good. Go ahead and do it. Anyone else. Gaudette: I am Scott Gaudette. I live at 1391 E. Griffen, also in Sportsman Point Subdivision, immediately south of this proposed complex of apartments. I also agree with Dennis on many of the points we feel that this complex of apartments in mass in one small area, is just going to overwhelm the all. ready very busy streets. As the, as it was mentioned, the sewer system is already over burdened, but there are so many things that are over burdened. We moved into this area from another area of Meridian because we liked the lifestyle. it's quiet, it's peaceful. You had your normal neighborhood type of situations and our neighbors to the north of Overland Road, the low key commercial operations are very enjoyable, because they are low key. Their traffic is, like you said, 8 to 5 or whatever, but they are all intermittent. They never have in mass at 8 o'clock and in mass leaving at 5 o'clock, at the same time we are trying to come home and go to work—so and so forth. 1 feel that this'apartment complex, with that many people, in such a small area is just going to really bottleneck that intersection up, not to mention also down at Eagle and Overland and Meridian and Overland. Just tonight coming here, there was a traffic jam almost a mile long. Going a long that line is that the subdivisions that are there, that are continually expanding plus the, new subdivisions going in, are all ready going to give us more than enough traffic for the area. With this complex all in one spot, it's just going to stop the bottleneck. It is not going to be a bottle neck any more. It's going to be a cork in the bottle. MacCoy: It would be a gridlock,,is what your talking about. Gaudette: Very much. I had a lot of notes going, but I —you know everything goes right along that line. We have a quality of life that we very greatly enjoy down in that area and all the subdivisions that are going in are still spread out so traffic can flow in several different directions. Once we get this here, there is only one direction to go. That's a very popular direction and I feel the congestion, even if in the future whenever that will happen, they expanded to 3 lanes, it's -still not going to be quite enough. I know my wife has gotten into a serious accident near that intersection, about a couple hundred yards east of there, because of traffic and I know of many others that have also occurred there and this is just going to add to that, the safety the concerns and the hazards, future schools. I think the expansion and population of the area continue in the direction it is now going in that we don't burn it with.apartment complexes. Meridian. Planning and'__,ning Commission Meeting July 13, 1999 Page 44 MacCoy: I think we are going to see a 5 lane before, we see a 3 lane anyway because the ways things have been escalating, we are going to need it. Even though they are not going to build it for, they say for 3 and put the side boards in for the other two lanes, I think they are just going to do the job and be done with it. Gaudette: Right. And so many future projects we have plans to do this. How many plans don't we go through with the highway district. MacCoy: We are pushing real hard from this city here, because we say that we one of the —really—Overland,is considered one of the worst things it Ada County now. I am glad to see that we finally got ourselves on top of the list. Gaudette: Waiting for the money to come in too. MacCoy: That's a fact. That's what it is, is money. That is what it comes down to. We are forced into that. Thanks for your comments. Any questions for him before he goes away? All right. Anyone else want to speak? McCoy: My name is Roger McCoy and i .live at 1692 S. Sportsman Way. The first thing I'd like to comment on is the posting of the property --the legal notice to post it. We called you guys and you don't have any real recommendations, but the big for sale sign right here, you got a little 11 X17 notice telling us that these neighbors, I think right here, they did not get a legal notice in the mail- and they also, I mean just looking across the street, they did not know until we told them. i think that if the property was posted like cities require then I think you would have a lot more people here tonight. I just don't think anybody even saw it., MacCoy: While we are on the subject, Shari isn't there a standard sign they put up. It's not very big. Stiles: Our typical sign is an 11 X 17 yellow poster. McCoy: It's 11 X 17 but it on a 4 X 8 or 6 X 8 real estate sign that's half way falling over, so it's hard to see. We've talked —we've been talking to Greg with about our property taxes because they jacked them up this year, so asked him when we got this notice —one of the questions we asked him, what's this going to do to our property values. He said when the apartment complex goes in and we'll come out and probably your property tax will go down because you values go down because of it. It was an upscale apartment complex,,I think it would probably help buffer the freeway noise, but you know they are not going to be putting an upscale apartment complex next to the freeway. We are adamantly opposed to it. We think it would deplete the property values in the area. MacCoy: I would suggest that like your partner here it is --collect your signatures and if you have a real feeling for it, write a letter. Include that too. It all comes into the record. Meridian Planning and _,ring Commission Meeting July 13, 1999 Page 45 McCoy: Well, my wife told his wife and that how they they didn't even know about it till then. That's how we got the signatures. De Weerd: That's great networking. McCoy: That's all 1 have. MacCoy: Anyone else? Sivalon: Ted Sivalon. I live_, at 2179 S. Weimaraner. My may concern besides what my neighbors brought up was what type of apartment complex this was going to be. I don't see too many people wanting to live next to a freeway as well as Coca-Cola Distributorship and things of that nature. So if it turns into —you know, is it going to be vacant? Are they going to have enough people even wanting to live there. Are we going to have vacant housing that is going to maybe bring not such good neighbors coming in and what also is going to happen with the spill over of all these people needing some place for recreation or something of that nature. Are they going to be coming into our subdivision overloading our park. Our park is pretty small. How do we go about dealing with that? De Weerd: I might make one comment. The plan will be, is available for you to come and look at. They have pictures of what the building will look like, the layout. They have a lot of open space. They have a lot of amenities that if you look at the plan, you will ,see it's probably one of the nicer complexes I've ever seen proposed in Meridian. That's just to respond, I don't think it's lower end by what amenities their providing and the look of their building. You might want to take a look at that. It is available on public record, just so when this is continued to, you can have a chance to look at it and get your questions in order. Sivalon: I don't want to be confrontational but I just found out about this from my neighbor, so we have not had the opportunity, but you can make a real beautiful complex, you know but you stick it on a freeway I just don't see too many people wanting to really live on a freeway. MacCoy: I imagine there going to have a buffer zone anyway of some type. I don't know what it is going to be, but we will be looking at that. Commissioner De Weerd is right. You should take a look at the material Sivalon: Right. I live all the way to the last row of houses in the Sportsman Point Subdivision and we can even hear the freeway from back there. Some ways, it may be y nice, cause maybe that would stop some of the noise for us, but they'd be right on the front line. MacCoy: Thank you. Anyone else? Yes, come on. Meridian Planning and �.ning Commission Meeting July 13, 1999 Page 46 McCoy: Barbara McCoy, 1692 S. Sportsman. I just wanted to reiterate that this whole area --they are very nice home, including Meridian Greens, Sportsman Point all those are not the upper, upper end homes as Meridian Greens, but very nice homes. There are no apartment complexes in the area right now. I believe that putting one in there would deplete the value of the whole area. Right now it is a very attractive area for many people that come (inaudible) seeing that what an apartment complex may reduce the value of the whole area. MacCoy: Thank you very much. Johnson: My name is Cole Johnson, 2122 South Chesapeake Avenue in Sportsman Point. The main problem, my wife and I oppose this very much, one of the main problems is that most people who go into apartments are transient of nature. In other words they don't have ownership. You get more criminal activity. You get more of the younger people and we think it would impact our area very negatively, impact our schools negatively, impact our traffic very negatively and right now traffic is so bad that they all ready have had to lower the speed limits on Overland. What is going to happen if we add 450 more cars at 8 o'clock in the morning -7:30 in the morning, 5 o'clock at night. It's a very big problem. Again, I believe we got our notice from friends over there in Sportsman's Point." We just want to reiterate our opposition to any apartment complex coming into our area. MacCoy: Any other hands? All right, Commissioner's. De Weerd: Well it sound like they have a great network going and we will give you a date tonight so you will be able to continue that networking and get your neighbors out. I do think we need to set a date specific and if it's looking at the two August meetings are going to be over -burdened, perhaps we need to look at a third date in August. MacCoy: I'm not sure what we've got for available space cause we will be in this room. De Weerd: Well then we need to look at an alternate date. Do we get over time. Do We get any time? Borup: I have.a question for staff. Do we have any idea on the ACHD report? MacCoy: I don't think so on this one. Borup: It's not in our packet. I did not know if they made a statement that it's coming. I assume we'll probably have it by the next meeting though. Stiles: Yes. I don't have anything in my packet as far as a report from ACHD. Meridian Planning and A-_rning Commission Meeting July 13, 1999 Page 47 , Borup: There has been no communication from them? Do you know whether they have scheduled their meetings with the applicant? Stiles: I believe they had a tech review with them but I do not have that report. I didn't attend that meeting. Borup: Guess we'll find out next time. Stiles: We do want to get their report and to have plenty of time for Bead Watson to complete his sewer analysis. De Weerd: So, we probably looking September. MacCoy: Right. Shari, we have one August 29. De Weerd: If you have a date in mind, will you please state' it. MacCoy: I am trying to get that down right now. De Weerd: I met for Shari. They are going no --=yes. MacCoy: 1 know but -1 am trying because one of the things she and -1 discussed is you know she asked what do I think of this date—well we've got everybody here that we should be able to talk to so we ought do it. The 29th of this month of have a meeting at 6 o'clock in this room. The 101`', which is a Tuesday night we have a meeting here at" 7:00 PM, which is our typical time for us. Then on the 25th we've got a meeting at 6 o'clock –that is two each month. Now Shari, is there any way we could horse shoe something else into this time period --we are at the first part of July. I hate to think we go clear into September. I know we are booking things all ready. In fact we are booking things up to October right now, I see. Stiles: Without a schedule from the City Clerk'to know when this facility is even available – I wouldn't— MacCoy: I thought you might had had something because 1 don't –it's too bad Angel left. I go to her and Brittany when she was here to get it because you told me that's where it was. Berg: Mr. Chairman, Members of the Commission, I have a very busy schedule with the City Council dealing with budget issues. It seems to be every night this next two months are going to be pretty busy. MacCoy: It that right? We're really boxed in other words. Meridian Planning and �-,ning Commission Meeting July 13, 1999 Page 48 Berg: We are pretty boxed. The thing we tried to hold off is for the public to have interest in other issues that they don't have to pick and choose if they go to a P8Z meeting or City Council. meeting. Some of these things can be related. The other thing is also, staff time to prepare all, this meeting--- MacCoy: I realize that and that's the reason we are talking to Shari and staff—you know what fits in their category too. We've got the same thing with all the Commissioners too. Trying to get the time to do it. It's summertime. So Shari, do you think we are talking about September? Borup: How full is the schedule on the 25th? You said 8 items, but= Stiles: Probably 8, 9 possibly 10. MacCoy: All ready cause we are moving things over. Stiles: Are you all free from 3am to 8 am? MacCoy: No. Borup: Probably depends on how heavy those 10 items are. MacCoy: Well that's always the way, isn't it? Borup: Yeah. MacCoy: It's like to night. We're --we had 17, 18 items tonight coming up and we are going to get out of here lucky --but all we've done is backlog to the future. I guess we can't figure a date yet, so let's move on. De Weerd: We need to. MacCoy; I was hoping that they'll think about it while we'll continue doing some of this Because -- De Weerd: Thinking while we talk, okay? MacCoy: Where did we leave off here. We've got public hearing, Item 11 and its an annexation and zoning and it will be continued. We have heard from the public. Commissioner's is there a motion to continue this and move on. De Weerd: I would make a motion to continue if I had a date to continue it to. MacCoy: I can't help you. Meridian Planning anc' ming Commission Meeting July 13, 1999 Page 49 De Weerd: Okay then I will move to continue this public hearing for annexation and zoning for Sundance Village.to August 25tH: MacCoy: Shari, did I hear anything from you? Stiles: It really doesn't matter to us whether it's the 10th or the 251h. We will be here. Borup: Second. MacCoy: All in favor? MOTION CARRIED: ALL AYES MacCoy: So that's August 25tH (Inaudible) MacCoy: Last time it started at 6:00 in the room here. (Inaudible) MacCoy: Oh, we've had them before out in the street before. All right, picking up now, all in favor? Did I ask that question yet? Okay we're moving on to item 12. PUBLIC HEARING: REQUEST FOR CONDITIONAL+USE PERMIT FOR 300 UNITS OF MULTI -FAMILY RENTALS FOR PROPOSED SUNDANCE VILLAGE—BY SUNDANCE, LLC—NORTH OF OVERLAND ROAD & WEST OF LOCUST GROVE ROAD. MacCoy: Shari, do you want to make a statement now about what you've already made about. Stiles: We would like to incorporate our comments from the previous public hearing into this public hearing. MacCoy: Okay. Since we have not spokesman from Sundance, that takes care of that. The public which has spoken here just—or earlier from number 11—anybody here want to come up and again say –put your statement on record for Item 12 too. Also. If not it carried anyway. If not, then going back to the Commissioner's. De Weerd: Mr. Chairman I move that we continue the public hearing for request for condition use permit for Sundance Village to August 25tH Borup: Second. Ewm SUPERINTENDENT Christine H. Donnell June 1.7, 1999 City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Councilmen: T_ -—•,U J U L 14 11999 I`I"�' 01, E_'QE1DIAN 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: SUNDANCE APARTMENT COMMUNITY Elementary School: Mary McPherson Elementary School Middle School: Lake Hazel Middle School High School:' Meridian High School Comments and/or Recommendations: Mary McPherson Elementary School is over capacity. Lake Hazel Middle School is at capacity and will remain so until the fifth middle school comes on line in the fall of 2000. Meridian High School is also over capacity. We can predict that these homes, when completed, will house ninety-nine (99) elementary aged children, seventy-five (75) middle school aged children, and sixty-eight (68) senior high aged students. Even though, we are in a difficult position and need your help in dealing with the impact of growth on'schools, we will approve this development. Sincerely, Jim Carberry, Administrator of Support Services BOARD OF TRUSTEES Rex Harrison - Wall)' Hedrick - Holl)• Houfburg - David Wynkoop 9 Steve Mann �da Countu'Wia4l'u Sherry R. Huber, President 318 East 37th Street Judy Peavey -Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner e-mail: tellus(@achd.ada.id.us TO: FROM SUBJECT: July 15, 1999 Sundance, L.L.C. 132 S. 600 East Salt Lake City, Utah 84102 Steve Arnold, Senior Analyst Planning & Development Division MCUP99-018/MAZ99-009 RFGI�IVEI CITY OF A"'_AI :yi�Ai�N,T/' csrric� e 11i1`Il''i" Overland Road/Locust Grove Road Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on July 7, 1999. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 387-6170. SA cc: Plan&Dev Svcs-chron/file John Edney Chuck Rinaldi City of Meridian Pinnacle Engineers I J U L 30 1995 City of City Clerk 6 fid co 1 Q co W 1-- z al ovoa 3noEn isnoo-i S �I g��o. I�c�i I I I i l l l w III III Y� I 4 I C�9si° V 3_4-• f LS � � XO �w�3ril 7Q�g, IIt_'° 4 I I I z: iI 1„�4— res. ..-own.PRO._ N m r ory —J r " N / / 1 / / I i 1- - g >j • • • am co / ��W Z) DZ ¢¢¢ m Q mfn0 / co WQ� U¢ULIJW a�Qcr Nen�� NZQv� u., U c� ¢Z LLJ UO ¢��W �w�� n00a Lr: °°Q XCLCr: zzz a_aa i W Io 0 0 z J LLI 0 Cl) Q W Q z D Wrr WI m U, Q1 Io 0 0 z J LLI 0 Facts and Findings: A. General Information Applicant - SLindance,,LLC RT Existing zoning R-15 - Requested zoning 20.35 - Acres 300 - Proposed dwelling units 287 - Traffic Analysis Zone JAZ) West Ada - Impact Fee Benefit Zone Western Cities- Impact Fee Assessment District Overland Road Minor arterial with bike lane designation Traffic count of 10,054 on 7-16-98 620 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 96 -feet required right-of-way (48 -feet from centerline) Overland Road is improved with a 2 -lane street section with no curb, gutter or sidewalk abutting the site. Overland Road between SH -69 and Locust Grove is listed as "funded" in the District's 5 -Year Work'Program for 2002. Locust Grove Road Minor arterial with bike lane designation (as listed on the APA,Long Range Street Map) Traffic count of 156 on 7-16-98 (n/o Overland Road) 350 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 96 -feet required right-of-way (48 -feet from centerline) Locust Grove Road is improved with 25 -feet of pavement with no curb, gutter or sidewalk abutting the site. B. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. C. Interstate 84 is under the jurisdiction of Idaho Transportation Department (ITD). Application materials should be submitted to ITD for review and requirements of that Department and the applicant should submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. The applicant may contact District ll[Jraffic Engineer Walter Burnside at 334-8340. MCUP9918.CMM' Nee 2 ,D. The applicant is proposing a driveway on Overland Road located approximately 275 -feet west of the.east properiy line. District.policy requires that driveways on Overland Road be located a minimum of 315 -feet from the future back of curb of Locust Grove Road. The applicant -should be required to relocate a 24 to,30-foot wide driveway with 15 -foot radii pavement tapers on Overland Road a minimum of 315 -feet from the future back of curb of Locust Grove Road. Coordinate the location of the driveway with District staff. E. The applicant is proposing a driveway on Locust Grove Road located approximately 310 -feet north of the south property line. District policy requires that driveways on Overland Road be located a minimum of 315 -feet from the future back of curb of Overland Road... The proposed driveway location does not meet District policy. The driveway should be relocated to a point a minimum of 315 -feet from the future back of curb of Overland Road. The driveway should be constructed 24 to 30 -feet wide.with 15 -foot radii pavement tapers. Coordinate the location of, the driveway with District staff. F. The applicant is proposing an emergency access road on Locust Grove Road adjacent to the north property line. ,There are no'driveways within 150 -feet from the proposed emergency access road. The District has no policy in regards to the location and design of emergency access roads. If the proposed emergency access road were a private driveway, District policy requires that it be offset 150 -feet from all existing driveways. The proposed emergency access road meets District policy for a private driveway location. The applicant is aware that this access -location will be eliminated when Locust Grove Road 'is extended across I-84. G. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance1with past action by the District the a pplicant"should be required to pave the driveway its full width of 24 to 30 -feet and at least 30 -feet beyond the edge of pavement of Overland Road or Locust Grove Road and install pavement tapers with 15- foot radii abutting the existing roadway edge. H. The applicant should be required to construct a center turn lane on Overland Road from the Overland Road/main driveway entrance intersection to the Overland Road/Locust Grove Road intersection. The turn lane should be constructed to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the center turn lane on Overland Road with District staff. :. District policy requires the applicant to provide a$ 12,000.0Q, deposit to the,Public Rights -of - Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk Ion Overland Road abutting the parcel (approximately 620 -feet). District policy requires the applicant to construct a 5 -foot wide concrete sidewalk on -Locust Grove Road abutting the parcel. The sidewalk should be located two feet within the new right - of --way of Locust Grove Road. Coordinate the location and elevation of the sidewalk with District staff. K. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. MCUP99IS.CMM Pa -e 3 L. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report., The following requirements are provided as conditions for approval: Site Specific Requirements: Dedicate 48 -feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated Wall right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator' prior to breaking ground, in accordance with Section 15 of-ACHD Ordinance #188. a 2. Dedicate 48 -feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the:irtipact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 3. Locate a driveway on Overland Road a minimum of 315 -Feet from the future back of curb of Locust Grove Road. Pave the driveway its full width of 24 to 30 -feet and at least 30 -feet beyond the edge of pavement of Overland Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. Coordinate the location of the driveway with District staff. 4. Locate a driveway on Locust Grove Road a minimum of 315 -feet from the future back of curb of Overland Road. Pave the driveway its full width of 24 to 30 -feet and at least 30 -feet beyond the edge of pavement of Locust Grove,Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. Coordinate the location of the driveway with District staff. 5. Construct a center turn lane on Overland Road from the Overland Road/main driveway entrance intersection to the Overland Road/Locust Grove Road intersection. Constrict the turn lane to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the center turn lane with District staff. 6. Locate the emergency access road on Locust Grove Road adjacent to the north property line. Pave the emergency access road its full width of 24 to 30 -feet and at least 30 -feet beyond the edge of pavement of Locust Grove Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. The emergency access road will be closed when Locust Grove Road is extended across 1-84. MCUP9918.CMM Pa(,e 4 Provide a $12,000.00 deposit,to the Public Rights-of-WaiTri:ist Fund for the cost of constructing a5 -foot wide concrete sidewalk on'Overland Road abutting the parcel (approximately 620 -feet). Construct a 5 -foot wide concrete sidewalk on Locust Grove Road abutting the parcel. The sidewalk shall be located two feet within the new right=of-wav of Locust Grove Road. Coordinate the location and elevation of the sidewalk with District staff. Comply with requirements of ITD for Interstate 84-fronta�e. Submit to the District a letter from ITD regarding said requirements'prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Walter Burnside at 334-8340. 4 10. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 11. Other than the access points specifically approved with this application, direct lot or parcel access to Overland Road or Locust Grove Road is prohibited. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACRD Planning and Development Supervisor. The reqs shall specifically identify each requirement to be reconsidered and include a written explanation f w v such a requirement would result in a substantial hardship or inequity The written request shall be submitted to the District no later than 9400 a.m. ori the day scheduled -for ADHD Commission action_ Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, 'any request forreconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time -'of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. MCUP9918.CMM Page 5 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACED Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans: 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable .requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACED right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. NICUP9918.CMIN( Page 6 r MERIDIAN PLANNING & ZONING MEETING: AUGUST 25 1999 APPLICANT: SUNDANCE LLC ITEM NUMBER: 6 REQUEST: CONDITIONAL USE PERMIT FOR 300 UNITS OF MULTI -FAMILY HOMES AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: a ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: a 9 IDAHO POWER: US WEST: r BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER:. All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning and",ning Commission Meeting July 13, 1999 Page 49 De Weerd: Okay then I will move to continue this public hearing for annexation and zoning for Sundance Village to August 25tH MacCoy: Shari, did l hear anything from you? Stiles: It really doesn't matter to us whether it's the 10th or the 25th. We will be here. Borup: Second. MacCoy: All in favor? MOTION CARRIED: ALL AYES MacCoy: So that's August 25tH (inaudible). MacCoy: Last tune it started at 6:00 in the room here. (inaudible) MacCoy: Oh, we've had them before out in the street before. All right, picking up now, all in favor? Did I ask that question yet? Okay we're moving on to item 12. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 340 UNITS OF MULTI -FAMILY RENTALS FOR PROPOSED SUNDANCE VILLAGE—BY SUNDANCE, LLC—NORTH OF OVERLAND ROAD '& WEST OF LOCUST GROVE ROAD. MacCoy: Shari, do you want to make a statement now about what you've already made about. Stiles: We would like to incorporate our comments from the previous public hearing into this public hearing. MacCoy: Okay. Since we have not spokesman from Sundance, that takes care of that. The public which has spoken here just—or earlier from number 11—anybody here want to come up and again say –put your statement on record for Item 12 too. Also. If not it carried anyway. If not, then going back to the Commissioner's. De Weerd: Mr. Chairman I move that we continue the public hearing for request for condition use permit for Sundance Village to August 25tH Borup: Second. ** TX 'STATUS REPORT ** DATE TIME TO/FROM 30 08/24 12:04 8015939328 Fax AS OF AUG 24 '99 12:09 PAGE.01 PUBLIC WORKS MODE MIN/SEC PGS CMD# STATUS EC --S 04'47" 009 051 OK City of Meridian Planning & Zoning Dept. Ta M 4r K Cohen From Sonya Day Fara 801) 513-9329 date St%zE 19 9 Phone: Pages: $ (Indu6ng ooversllee!) O Urgent gF *r Review O Please CORr O Please Reply ❑ Please Recycle Memo Ta Sundance Apartment Project File From Brad Watson,'P.E. CC: File Date: 08/02/99 R« Proposed Sundance Apartment Project I completed the HYDRA analysis of the impacts on the sewer system by the proposed Sundance Apartment project. The following is a summary of the assumptions, model runs and recommendations. Background. The proposed project would discharge into the Nine Mile Trunk. The 1998 Sewer Master Plan Update completed by JUB Engineers this spring identified, through their HYDRA analysis, a bottleneck in the trunk severely limiting its capacity. This 12 -inch line is located just south of 1-84 and east of the Eight Mile Lateral. At the time the JUB's model was calibrated in September 1998, it projected 0.7 cfs of remaining capacity. Since that time appro)amately 520 residential lots have been built upon, are final platted or have received preliminary plat approval (includes all phases of Thousand Springs and Sherbrooke projects). In addition to the residential lots that have been added to the model, the remaining areas which will ultimately discharge to the Nine Mile Trunk include a high school site, 75 acres of commercial and high density residential, additional single family residential, build out of additional commercial areas in Land Use area 152 in which the Sundance project is located and continuing fill in of the existing subdivisions. The following changes were made to the JUB model for this analysis: 0 Pana 1 le Added 15 gallons per capita per day for the future high school. The JUB model used 0.0 gpcd because it assumed zero flow on weekends when peak flows are typically seen in the Meridian sewer system. This is not always the case, however, particularly for a high school. Many functions with substantial visitors are held at high schools. Literature indicates typical flows of 10 gpcd for a school without showers or cafeteria to 25 gpcd for schools with both showers and cafeterias. The figure of 15 gpod was used because typical weekend functions do not include the entire student population. From the desk of... Bead Watson, P.E • All of Service Area 1265 was re -directed to the Nine Mile Assistant city F.neneer Trunk since this is the way it has actually been constructed. MeMan Public Wo&s Dqamned 200 E Carhop SL, Suite 100 Meridian. Idaho 83642-2600 (208) 887-2211 Fax (208) 887-1297 Watson b &meiidiamidus 2. Model Runs. Four separate analysis scenarios were run: • Existing 1999 flows with all of Land Use area 152 built out (100% commercial active) • Existing 1999 flows with 20.2 acres of LU area 152 re -designated as high density residential and remaining 135 acres of commercial 100%'active. • Build out of Nine Mile Trunk area upstream of bottleneck line without Sundance apartment project. • Build out of Nine Mile Trunk area upstream of bottleneck line with Sundance apartment project. An 11 x 17 map showing the land use areas and percent "active" within each. The percent active figure is used to calculate the number of units within the area contributing flow to the system. Although several of the land use areas show less than 100% active, the percentage shown is based on an actual lot count. Many times the actual number of lots is less than the projected build out lot count due to streets, common areas, waterways, etc. 3. Results. The analysis results of the four runs is summarized in the Table below. Hydrographs and profiles of each run are attached to this memo as well. Table 1. Results at Pipe #661 (bottleneck line). The analysis shows that the proposed Sundance project will add approximately 0.065 cls over the amount projected if the area were developed as high density residential instead of commercial. This roughly equates to approximately 70 additional single family residences. 4. Recommendations. The land use change proposed by the Sundance Apartment project will reduce the excess capacity in the Nine Mile Trunk. However, it appears from the HYDRA model that the bottleneck line will be at or over capacity whether or not the subject land develops as commercial or high density residential. Line 661 will be slightly surcharged but due to its depth this should not cause a problem. The lines upstream of Line 661 have an excess capacity of at least 0.25 cfs (d/D < 0.80) in Run #4 and the next capacity problem downstream occurs in the Five Mile Trunk in the Danbury Subdivision area. This area, however, will experience problems due to the addition of many service areas and not solely attributable to this proposed project. In summary, the proposed proiect should not be denied on the basis of sewer capacity issues. 5. Other Impacts. These analyses assume -no additional development occurs south of Victory Road between Locust Grove and Eagle Roads that will discharge to the Nine Mile Trunk. • Page 2 nirnrviofthanr rvccl!)\ci indnn"oR70Q mom rinr Depth/ Diameter Qpeak, cls Excess Capacity, cfs Surcharge, Feet Run #1 0.868 0.979 0.04 NA Run #2 1.0 1.042 0.03 0.00 Run #3 1.0 1.314 0.30 0.00 Run #4 1.0 1.379 0.36 0.00+ The analysis shows that the proposed Sundance project will add approximately 0.065 cls over the amount projected if the area were developed as high density residential instead of commercial. This roughly equates to approximately 70 additional single family residences. 4. Recommendations. The land use change proposed by the Sundance Apartment project will reduce the excess capacity in the Nine Mile Trunk. However, it appears from the HYDRA model that the bottleneck line will be at or over capacity whether or not the subject land develops as commercial or high density residential. Line 661 will be slightly surcharged but due to its depth this should not cause a problem. The lines upstream of Line 661 have an excess capacity of at least 0.25 cfs (d/D < 0.80) in Run #4 and the next capacity problem downstream occurs in the Five Mile Trunk in the Danbury Subdivision area. This area, however, will experience problems due to the addition of many service areas and not solely attributable to this proposed project. In summary, the proposed proiect should not be denied on the basis of sewer capacity issues. 5. Other Impacts. 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All Materials presented at public meetings shall become properly HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (_08)884-42, 64 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY NIERIDIAN, IDAHO 83642 (308) 887-2211 RON ANDERSON Phone (208) 888-4433 - Fax (208) 887-jt$I-3-i -iLANNING AND ZONING KEITH BIRD U C_" U, " E1I DEPARTMENT (308)834-5533 JUN 0 3 1999 City olf Nleri:1i iu TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVEL'OP`1�1Nfi 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: July 6, 1999 TRANSMITTAL DATE: HEARING DATE: July 13, 1999 FILE NUMBER:AZ-99-,00i REQUEST: ANNEXATION AND ZONING OF 20.35 ACRES FOR R-15 ZONING (FOR PROPOSED SUNDANCE APARTMENT HOMES) BY: SUNDANCE, L.L.C. LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD AND WEST OF LOCUST GROVE RD _ TAMMY DE WEERD PIZ MALCOLM MACCOY, PIZ THOMAS BARBEIRO, PIZ BYRON SMITH, PIZ KEITH BORUP, PIZ ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, CIC _GLENN BENTLEY, C/C _WATER DEPARTMENT SEWER DEPARTMENT iBUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN- SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISEAE,MARKS: HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE Council Members A Good Place to Live CITY OF MERIDIAN LEGAL DEPARTMENT (208) 38a-426.1 PUBLIC WORKS CHARLES ROUNTREE GLENN BENTLEY 33 EAST IDAHO NIERIDIA.N, IDAHO 83642; C u BUILDING DEPARTMENT 8) asp-�� I `; RON ANDERSON Phone (208) 888-4433 - Fax (208) 887-4813 PLANS G AND ZONING KEITH BIRD J 14 j 199EDE208) 88 ,E;T City :')f ti10 -iiari Ciiv Clerk Offi"'O. 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: July 6, 1999 TRANSMITTAL DATE: June 7, 1999 HEARING DATE: July 13, 1999 FILE NUMBER: AZ -99-D88- 001? REQUEST: ANNEXATION AND ZONING OF 20.35 ACRES FOR R-15 ZONING (FOR PROPOSED SUNDANCE APARTMENT HOMES) BY: SUNDANCE, L.L.C. LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD AND WEST OF LOCUST GROVE RD _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION 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: lD - /i- % 9 1"- 4 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: July 6, 1999 TRANSMITTAL DATE: June 7, 1999 HEARING DATE: July 13, 1999 FILE NUMBER:, A2=99-QK 06q REQUEST: ANNEXATION AND ZONING OF 20.35 ACRES FOR R-15 ZONING (FOR PROPOSED SUNDANCE APARTMENT HOMES) BY: SUNDANCE, L.L.C. LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD AND WEST OF LOCUST GROVE RD _ TAMMY DE WEEkD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z �BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY CITY ENGINEER +CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION 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) / J YOUR CONCISE REMARKS:/!� lC �J7i�i►'/�-f NUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council Members CITY OF MERIDIAN 8W0 KS PUBLIC CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642(208) 837-2211 V ZINING RON ANDERSON Phone (208) 888-4433 •Fax (208) 887-48 1� AND ZONING KEITH BIRD s JUN p ; 19� DEPARTMENT ; , (208)884-5533 vltti i) �:_ ri.'iau city 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: July 6, 1999 TRANSMITTAL DATE: June 7, 1999 HEARING DATE: July 13, 1999 FILE NUMBER:, A2=99-QK 06q REQUEST: ANNEXATION AND ZONING OF 20.35 ACRES FOR R-15 ZONING (FOR PROPOSED SUNDANCE APARTMENT HOMES) BY: SUNDANCE, L.L.C. LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD AND WEST OF LOCUST GROVE RD _ TAMMY DE WEEkD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z �BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY CITY ENGINEER +CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION 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) / J YOUR CONCISE REMARKS:/!� lC �J7i�i►'/�-f MERIDIAN PLANNING & ZONING COMMISSION MEETING: JULY 13, 1999 APPLICANT: SUNDANCE LLC AGENDA ITEM NUMBER: 12 REQUEST: CONDITIONAL USE PERMIT FOR 300 UNITS OF MULTI -FAMILY RENTALS AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: SEE ATTACHED COMMENTS CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: CITY WATER DEPT: SEE ATTACHED COMMENTS MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED LETTER SETTLERS IRRIGATION: IDAHO POWER`. US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. r 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: July 6, 1999 TRANSMITTAL DATE: June 7, 1999 HEARING DATE: JuIV 13, 1999 FILE NUMBER: CUP -99-018 REQUEST: CONDITIONAL USE PERMIT FOR 300 UNITS OF MULTI -FAMILY RENTALS FOR ZONING R-15 BY: SUNDANCE, L.L.C. LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD AND WEST OF LOCUST GROVE RD TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _+KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PREUM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE F HUB HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE DEPARTMENT A Good Place to Live Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY RON ANDERSON MERIDIAN, IDAHO 83642, Phone ('-08) 887-2211 ( 8) 888-4433 • Fax (208) 887- C ANNING AND ZONING KEITH BIRD DEPARTMENT J U N 1999 (208) 881-5533 City of A'ierid-laa Lits C'.erI yffic, 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: July 6, 1999 TRANSMITTAL DATE: June 7, 1999 HEARING DATE: JuIV 13, 1999 FILE NUMBER: CUP -99-018 REQUEST: CONDITIONAL USE PERMIT FOR 300 UNITS OF MULTI -FAMILY RENTALS FOR ZONING R-15 BY: SUNDANCE, L.L.C. LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD AND WEST OF LOCUST GROVE RD TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _+KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PREUM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE F y i. Mayor e ROBERT D. CORRIE i Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH.BIRD HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT ('_08)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations ri to Meridian City Hall, Attn: Will Berg, City Clerk by: July 6, 1999 TRANSMITTAL DATE: June 7, 1999 HEARING DATE: July 13, 1999 FILE NUMBER: CUP -99-018 REQUEST: CONDITIONAL USE PERMIT FOR 300 UNITS OF MULTI -FAMILY RENTALS FOR ZONING R-15 BY: SUNDANCE. L.L.C. LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD AND WEST OF LOCUST GROVE RD ^ TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) _THOMAS BARBEIRO, P/Z ADA COUNTY HIGHWAY DISTRICT BYRON SMITH, P/Z iKEITH ADA PLANNING ASSOCIATION BORUP, P/Z CENTRAL DISTRICT HEALTH, ROBERT CORRIE, MAYOR ^RON NAMPA MERIDIAN IRRIGATION DISTRICT ANDERSON, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C ^KEITH IDAHO POWER CO.(PRELIM & FINAL PLAT) BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) _GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) _WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL) DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT _SEWER BUILDING DEPARTMENT ADA COUNTY (ANNEXATION) AFIRE DEPARTMENT DEPARTMENT �p _POLICE YOUR CONCISE REMARKS: CITYATTORNEY LL ey(}(- S w;L,� n1 5 fo /3� Yn ems. 2oADs CITY ENGINEER 13c,-jSEr,tiI ,Z Ra,'t'j".-Ij D J r fwd?. Ij W g:2 r,+-jT.Y C, nJ2.a Z - Ifo /1 10- LLL rv.RtS�'a f�R r /-ri 2r— lk�liP,— .4 SCO'12O✓ • %A•,- 14C -C-2 sv R014cp $'ilau-j0 19.e 4 c,!' -e s. -rF f k 4LI 4 [�tV v �19r-Kia 1 iUv�►1tC��{! /d'/}.��r2/S O� �.L• 4J0 lJili. 'I JQ11e- 1&d95--5 r HUB OF TREASURE VALLEY s or Mayor ay LEGAL DEPARTMENT A Good Place to Live (208) 884-4264 D.( CORRIE CITY OF MERIDIAN PUBLIC WORKS. ounc�l Mem CHARLES ROUNTREE BUILDING DEPARTMENT '33 EAST IDAHO (208)887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-��813 J � � _ , LANMNG AND ZONING RON ANDERSON .. DEPARTMENT KEITH BIRD (208) 884-5533 n 'U"IN! ._ _-p:-•r- iii: 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: July 6 1999 TRANSMITTAL DATE: June 7, 1999HEARING DATE: July 13 1999 FILE NUMBER: CUP -99-018 REQUEST: CONDITIONAL USE PERMIT FOR 300 UNITS OF MULTI -FAMILY RENTALS FOR ZONING R-15 BY: SUNDANCE L.L.C. LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD AND WEST OF LOCUST GROVE RD TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z _THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, CIC _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 aCITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM &FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: /Uo 1�A-7-k5 CENTRALCENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Environmental Health Division ?NFHEALTIH � � 'Return to: DEPARTMENT D, ❑ Boise ❑Eagle Rezone # J U N 1999 ❑ Garden City a� - Jse # (tet P Meridian - - TY �F '"y' ��.'�� Kuna Preliminary / Final / Short Plat ❑ ACz ❑ I. - We have No Objections to this Proposal. - ❑ 1 We recommend'Denial of this Proposal.~ ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. A ❑ 4. We'will require more data concerning soil conditions on this'Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a'study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. - This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: central sewage ❑ community sewage system ❑ community water well ❑ interim sewage• central water El individual sewage' KIndividual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ,Central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines central water 10. Run-off is not to create a mosquito breeding problem. /❑� 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store 3 ❑ 14. 5, � Date: riv�CE�vr�v+/TReviewed By: �bfl e + 0110 10/91 d, rev. 7/97 Review Sheet CT CENTA.AL OfST:ICT 'HEALTH OEP,ART TENT .� '.L��w c=:;c=_ v lf��.l<,rc��fG -'_ �a .c .�� s • c_ =x _ • �� j'u prevenf and treat disease and disability: ru arurrrure (real:lcv (ifcsNlcs; and ru proree: acrd praraure the ieet:Wt and p-i:ry of u:rr ern•irorrrr:er:f. STOR-tiIWATER M.k1N;AGE1MEL T RECONINIENDATIOvS We recommend that stormwatec be pretreated through a grassy swate prior to discharge to dd e subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. kfanuals that could be used for guidance are: I) State Of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2) Stormwater Best tilanagem*ent Practices Guidebook. Prepared by City Of Boise Public Works Department, January 1997. ScormWacar /93:dly SerilR; valley, Elmore, Boise, and Ada Coundes nrnore Ccurry Cffice `/c:fey Ccurt'l Cffic"a qct / 9cize Ccurry Cffica ACC=NIC Sc:9Uite Office _ c. �, N. 1; `??f iCi `f.:rr.CrG %I, Iccbficcar Nrourrc:n tome.:C d1647 z ?.O. --cx f a 3 C r♦dG:^t::iiT..:,7fCv3363� Mar_::hT•i �r'rruh/^?C.:,..:di•_.'ii 127-7icc (33 t•31:__' wfC: id _rp . 63-•�f 7,1 r..r. •.rot�::crs. 127.7 4.5C FA;(::d 7-1521 :nC June 15, 1999 Will Berg, City Clerk City of Meridiani 33 East Idaho Meridian, ID 83642 T-1 C' I i� �, L' - ! '4 JUN iii tv t, ,F j• - 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Re: CUP -99-018 Sundance Apartment Community Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa. 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District's Ninemile Drain courses through the western boundary of the project. The right-of-way of the Ninemile Drain is 60 feet; 30 feet from the center each way. See Idaho®Code 42-1208—RIGHTS OF WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John P. Anderson or Bill Henson at 466-0663 for approval before any encroachment or change of right-of-way occurs. The Nampa & Meridian Irrigation District requires a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Contact Donna Moore at 466-7861 for further information. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, 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 - 40,000 111 11 105,11 - Sundance, ' Sundance, L.L.C. 132 South 600 East Salt Lake City, UT 84102 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 COPY SHOP: Nampa 466-0663 RE: Land Use Change Application — Sundance Apartment Community Dear Sundance: 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 submit a cashier's check, money order or cash a 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 or 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 P. Anderson, at the District's shop. Sincerely, Donna N. Moore, Assistant Secretary/Treasurer cc: File Water Superintendent Locust Grove Properties, L.L.C. Max & Blanche Swindell Rex and Phyllis Swindell Idaho King Corporation City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Me o The Bruce Feddeton A' Fr+on Brad Watson, PE /5. ` CQ File Ree Sundance Apartment Homes (near Overland and Locust Grove Roads) RECEIVED JUL 0 9 1999 City of Meridian City Clerk Office F]EcErVED J U L 12 1999 CITY OF MERIDIAN PLANNING & ZONING This is In response to your request for sewer capacity infatuation for the Ten Mile Trunk sewer in regards to the proposed project. Again, I was unable to run the computer model for this project due to what turns out to be rattler catastrophic computer problems. The following is a summary of findings in JUB Engineers' 1998 Sewer Master Plan Update which was adopted last month by Council as the official planning document for the sewer system in the City's Area of Impact. The JUB report indicated that at the time the computer sewer model was calibrated and anayzed for the existing sewer system in September 1998, there existed approximately 760 single family equivalent residential units of capacity left in the trunk just above the confluence with the Nine Mile Trunk (south of I -S , near the Coca-Cola facility). Since that time, app adrriately 500 lots have been, at a minimurn, through the preliminary plat stere. This would leave only about 260 units of capaay left. Approximately 60 — 80 acres, not including this proposed apartment project, is still designated to be serviced by the Ten Mile Trur k Finally, the JUB model assurnes much of the area In which this project is proposed is designated as eomiracial flaw. By designating this area as commercial in the model, the critical peak flaws projected are by+w than what can be expected by introducing residential type development This IS due to the fad that msidentia l peals flans, at least in Meridian, occur on the weekends when retail and commercial flows aura typically much lower. Again, the potential impacts of this development on the existing sewer system and the other areas designated to be serviced by this tank are significant and I recommrrlen d adequate computer modeling be done prior to proceeding with final Public Works Department comments. I have been` told my computer system should be nmrling again toward the middle of next week Thank you. From the desk of:.. Brad Waton, PX Assistant City Engineer Meridian Public Works Department 200 E. Cartoon St, Suite 100 Meridian, Idaho 83642-2600 (208) 887-2211 Fax (208) 887-1297 0 Page 1 City of Meridian Public Works Dept. Me o The Bruce Feddeton A' Fr+on Brad Watson, PE /5. ` CQ File Ree Sundance Apartment Homes (near Overland and Locust Grove Roads) RECEIVED JUL 0 9 1999 City of Meridian City Clerk Office F]EcErVED J U L 12 1999 CITY OF MERIDIAN PLANNING & ZONING This is In response to your request for sewer capacity infatuation for the Ten Mile Trunk sewer in regards to the proposed project. Again, I was unable to run the computer model for this project due to what turns out to be rattler catastrophic computer problems. The following is a summary of findings in JUB Engineers' 1998 Sewer Master Plan Update which was adopted last month by Council as the official planning document for the sewer system in the City's Area of Impact. The JUB report indicated that at the time the computer sewer model was calibrated and anayzed for the existing sewer system in September 1998, there existed approximately 760 single family equivalent residential units of capacity left in the trunk just above the confluence with the Nine Mile Trunk (south of I -S , near the Coca-Cola facility). Since that time, app adrriately 500 lots have been, at a minimurn, through the preliminary plat stere. This would leave only about 260 units of capaay left. Approximately 60 — 80 acres, not including this proposed apartment project, is still designated to be serviced by the Ten Mile Trur k Finally, the JUB model assurnes much of the area In which this project is proposed is designated as eomiracial flaw. By designating this area as commercial in the model, the critical peak flaws projected are by+w than what can be expected by introducing residential type development This IS due to the fad that msidentia l peals flans, at least in Meridian, occur on the weekends when retail and commercial flows aura typically much lower. Again, the potential impacts of this development on the existing sewer system and the other areas designated to be serviced by this tank are significant and I recommrrlen d adequate computer modeling be done prior to proceeding with final Public Works Department comments. I have been` told my computer system should be nmrling again toward the middle of next week Thank you. From the desk of:.. Brad Waton, PX Assistant City Engineer Meridian Public Works Department 200 E. Cartoon St, Suite 100 Meridian, Idaho 83642-2600 (208) 887-2211 Fax (208) 887-1297 0 Page 1 RECEIVED JUL 0 9 1999 City, of Meridian MEMORANDUM: City Clerk Office To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Assistant to City Enginee�� Shari Stiles, P&Z Administrator — LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884=55 •I vD J U L 12 1999 CITY ME IDLkN ZON' ING Re: Bear Creek Subdivision Annexation & Zoning/Preliminary Plat Sundance , LLC Request for Annexation & Zoning/CUP for 300 Apartments English Gardens Request for Preliminary Plat Due to the fact that computer modeling for these projects was not able to be completed (see attached memos from Brad Watson, Assistant City Engineer), we have not been able to complete our reviews of the project. A major contingency on all of these projects will be whether the present sewer system is able to accept the flows to be generated from these developments. Therefore, we respectfully request that the five public hearings referenced above be continued until such time as serviceability is determined. Continue HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live City Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD City Clerk Fax (208) 888-4218 RECEIVED JUL 0 9 1999 City, of Meridian MEMORANDUM: City Clerk Office To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Assistant to City Enginee�� Shari Stiles, P&Z Administrator — LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884=55 •I vD J U L 12 1999 CITY ME IDLkN ZON' ING Re: Bear Creek Subdivision Annexation & Zoning/Preliminary Plat Sundance , LLC Request for Annexation & Zoning/CUP for 300 Apartments English Gardens Request for Preliminary Plat Due to the fact that computer modeling for these projects was not able to be completed (see attached memos from Brad Watson, Assistant City Engineer), we have not been able to complete our reviews of the project. A major contingency on all of these projects will be whether the present sewer system is able to accept the flows to be generated from these developments. Therefore, we respectfully request that the five public hearings referenced above be continued until such time as serviceability is determined. Continue APPLICATION COMMENT SHEET Reviewed by: e'�S Oe-.. Date: (_,_ /3 /cam Applicant:, Project: Comments: t� 2. 3. C- G. f"ce, 4&t C� 4. '�� - o., .rias - c -3" e.-& . ,it, . k4* 5. t , .C- . �►.8' 0";JLQAQ ` Oak .¢ ,,. . pf J&-Sf� [I UP FEV IE1 d3' (( T ' D CITY OF Imo. aCounttl'Ric-4wati is Pcct Sherry R. Huber, President 318 East 37th Street Judy Peavey -Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner e-mail: tellus(L�achd.ada.id.us July 15, 1999 TO: tSu`ndance, L:L:C.- 132 S. 600 East Salt Lake City, Utah 84102 FROM: Steve Arnold, Senior Analyst Planning & Development Division ,: SUBJECT: MCUP99-01 S/MAZ99-009 Overland Road/Locust Grove Road Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on July 7, 1999. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 387-6170. SA cc: Plan&Dev Svcs-chron/file John Edney Chuck Rinaldi City of Meridian Pinnacle Engineers LAN dy ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report I. MCUP99-018/MAZ99-009 Overland Road/Locust Grove'Road The applicant is requesting conditional use approval to construct 300 multi -family apartment units. The applicant is also requesting a rezone from RT to R-15. The 20.35 -acre site is located at the northwest corner of Overland Road and Locust Grove Road. This development is estimated to generate 2,400 additional (20 existing) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Overland Road Locust Grove Road W Q W' ACHD Commission Date - July 7, 1999 - 12:00 p.m. 74 W lY W O CY C) n U d J --e d aeon :noao isnoo-i S &I ISI W pro Ile, / L q i I I � O• O , �•r � '.s W2 p - wM,W� ��z >co UQUU QQ� QQ>j 0 C!CACC SCO N� C.) Iz OO (0G J cc Q U Q wW Z BCW QZ AS5'S O � a UO rtWam_< J a0-!iC7 CSU M WWQ a 'ZU Y`1Y Q mm< �ZWcc cc¢� �— cjciF-- coQ0a- CLa- d ram Q O 0 z J 0 Facts and Findings: A. General"Information Applicant - Sundance, LLC RT - Existing zoning R-15 - Requested zoning 20.35 - Acres 300 - Proposed dwelling units 287 - Traffic Analysis Zone JAZ) West Ada - Impact Fee Benefit Zone Western Cities- Impact Fee Assessment`District Overland Road Minor arterial with bike lane designation Traffic count of 10,054 on 7-16-98 620 -feet of frontage 50 -feet existing right -of --way (25 -feet from centerline) 96 -feet required right-of-way (48 -feet from centerline) Overland Road is improved with a 2 -lane street section with no curb, gutter or sidewalk abutting the site. Overland Road between SH -69 and Locust Grove is listed as "funded" in the District's 5 -Year Work Program for 2002. ' Locust Grove Road Minor arterial with bike lane designation (as listed on the APA Long Range Street Map) Traffic count of 156 on 7-16-98 (n/o Overland Road) 350 -feet of frontage 50 -feet existing right-of-way (25 -feet from` centerline) 96 -feet required right-of-way (48 -feet from centerline) Locust Grove Road is improved with 25 -feet of pavement with no curb, gutter or sidewalk abutting the site. B. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. C. interstate 84 is under the jurisdiction of Idaho Transportation Department (ITD). Application materials should be submitted to ITD for review and requirements of that Department and the applicant should submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. The applicant may contact District III Traffic Engineer Walter Burnside at 334-8340. MCUP9918.CIIVIM Pate 2 L. The exi§tino transportation'system�will.be.adequate: to, accommodate the -additional traffic-, generated'by-this proposed development)with theirequirements,oLit I ined within this,report;c;o .n-Ar'7-1 d.1 The following requirements are provided as conditions for approval:, j�rf#a;u .4 ... ` ji `' q # X,., Site Specific:Requirements: tr i P (14,17 X.'•_bl, :3td.«1 1. Dedicate 48 -feet of right-of-way, from the centerline of OverlandRoad abutting the parcel by means df re*cbrdati6n.6f a:fihal subdivisibn plat.or-execuiion ofia warranty deed prior; for IW) 0 t' -Issuance of a'b' iifding permif (or' other,required permits) :whichever'O'Mirs`first: `The owner :ii'willzbId'cbmp'en`sated,for all-right-of=way-dedicated as an addition;to-existin& right-ofwhy. from available impact fee revenues in this benefit zone, if th'e owner' subcnits_a a`etter`of application to the impact.fee administrator prior to,breaking ground, in accordance .with -Section 15 of-ACHD Ordinance` #188'. `' 1 r ' t ` �,, r1' #1 i ' r. s f1 r' _ r$ 4 }.dr r . 2. Dedicate 48 -feet of right -:of -way from the centerline of Locust Grove Road abutting the parcel by tiieans'of'recordation'ofa°finalIsttbdivision'plat or.execution'of'a•warranty deed:prior,;to'" 1 1' issuance of a building permit (o''r.oftiee required -permits)? whichever, occufs,first:<:The owner will be compensated for all right -of --way dedicated as an addition to existing right -of --way from I available impact fee revenues in this benefit zone, if the owner, submits, a-letter-of.app Iication to ja? the impact fee'administrator prior to breaking ground, in accordance'with Section i 51of ACHD Ordinance #188. _ �'�' •., i, a a ,i�, Lfjj" � .. €u ` t r' -,.(m � � ��.F . t r --* t, r t f, t !x 3. j:ozL-ocate a'driveway,on Overland Road a minimum of 315 -feet from the future back of curb,of Locust;.Grove Road. Pave the`driveway,,its full width, -of -2 4 to -30 -feet and at Ieast-30 feet , beyoridjlie edge,ofpavement,,of-Overland' Road and, install, pavement�tapers with 15 -foot radii abutting the existing roadway edge..Coordmate,the location of the driveway_ with,District�staff. 4. 'Locate a driveway on Locust Grove Road a minimum.of315-feet from the future back of curb ,I�Of.Overland Roads.• Pave'the'driveway,its-,full width of=24 to 30,afeet, and=at least 307feet beyond F'rithe edge of: pavement :of 'Locust ;Grove, Road and,install.pavement tapers with-l5y foot radii 1, abutting the,•existing roadway edge. PCoordinate,the -location,of tthe,driveway,with�District-staff. 5. Construct a center turn lane on Overland Road from the Overland Road/main driveway, entrance' intersection to'the Overland Road/L'ocust Grove Road intersection:•Construct.the turn c larie,to•providea minimum of 1004eetof storage with shadow, tapers,for,both the;approach_and deli arture_directions:„_Coordinate the,design of the;center-turn Jane with District -staff. r. 6. j,Locate the emergency; access_road;on,L'ocust•Grove Road,adjacent„to.the _north property line. dp'ave the emergency access road it's full width 0Q41to:30-feet;and. at least 30 -feet beyond•the >edge of pavement of, Locust Grove-Road.,and.-install.pavement,tapers,with,,I5 foot radii -abutting therexisting roadway edge. The emergency access road will-be_closed when', LOC ust,, Grove -Road -is extended across I-84. ffi fi•.?if '. e. C, { a F 1 �, 1 _ 7 . .f+ et? L, -,)f J ..,�i�r1PiC jf! r!'ii:`di. t 6^fet i)As{j a,I Id a.{f.. t}i ; x �,:i% !” .4 MCUP9918.CMM -� Pa -e 4 f � - 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two frill business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of constriction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the lav in effect at the time the change in use is sought. Conclusion of Law: Al. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. July 7, 1999 MCUP9918.CMiM Page 6 ` HUB OF TREASURE`YALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (_08)884-1264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 1T� (los) 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887- 1 C LANNING AND ZONING DEPARTMENT KEITH BIRD J d N ® 7 1999 (208) 884-5533 ' CITY OF MERIDIAN pL_ ANN NG & ZONING 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: July 6 1999 TRANSMITTAL DATE: June 7, 1999 HEARING DATE: July 13, 1999 FILE NUMBER -:—AZ -99-009 CORRECTED FILE # REQUEST: 20.35 ACRES FOR R-15 ZONING (FOR PROPOSED SUNDANCE APARTMENT HOMES BY: SUNDANCE L.L.C. LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD AND WEST OF LOCUST GROVE RD TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT _ MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) THOMAS BARBEIRO, P/Z ADA COUNTY HIGHWAY DISTRICT BYRON SMITH, P/Z ADA PLANNING ASSOCIATION BORUP, P/Z CENTRAL DISTRICT HEALTH _KEITH ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) _CHARLIE BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) _KEITH GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL) SEWER DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT BUILDING DEPARTMENT ADA COUNTY (ANNEXATION) FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER YOUR CONCISE REMARKS: CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 8874813 APPLICATION FOR ANNEXATION AND ZONING "OR REZONE PROPOSED NAME OF SUBDIVISION: Sundance Apartment Homes GENERAL LOCATION: Overland and Locust Roads (20+ acres) TYPE (RESIDENTIAL, INDUSTRIAL,. COMMERCIAL): Residential IVECU.zVED MAY 2 7 1999 CITY 011 W"RID" 'SIN A7 -qq - 0ol► ACRES OF LAND IN PROPOSED ANNEXATION: 2 0.3 5 Vacant with 2 abandoned houses and a small PRESENTLANDUSE: strip where manufactured homes are stored PROPOSED LAND USE: Residential apartments PRESENT ZONING DISTRICT: RT (small sliver along highway is C -G); the C -G parcel #S1118449050 is already in Meridian City & is excepted from this PIpZgPOSED &IING DISTRICT: R-15 801 - APPLICANT: Sundance, L.L.C. PHONE: 363-2277 ADDRESS: 132 South 600 East, Salt Lake City, UT 84102 208 - ENGINEER, SURVEYOR, OR PLANNER: P i nna c 1 e Engineers PHONE: 887-7760 ADDRESS: 870 North Lindor, Suite B, Meridian, ID 83642 OWNER(S) OF RECORD: 3 owners, see attached title work ADDRESS: PHONE: Signature of Applicant 0 0 0 0 0 M 0 APPLICATION FOR ANNEXATION AND ZONING AND REZONE Sundance, L.L.C. 132 South 600 East Salt Lake City, UT 84102 ATTN: Mark B. Cohen (801) 363-2277 — phone (801) 363-1912 —fax 2. 1St Parcel (Title #99080764) Locust Grove Properties, LLC 2nd Parcel (Title #99080765) Max & Blanche Swindell And Rex and Phyllis Swindell 3rd Parcel (Title #99080766) Idaho King Corporation 3. Notarized Request for Zone Change — submitted under separate cover 4. Legal Description - attached 5. Present Land Use: Currently the bulk of the land is vacant and unused. There are two residences and assorted garages and outbuildings associated with the houses as well as a large red barn. Along the highway frontage there is an area that has been filled and leveled and is used to store manufactured homes waiting to be sold and shipped. 6. Proposed Land Use: We propose to build a 300 unit apartment home community that will be a mixed use of "affordable" and "market rate" apartments in a single owned community. The community will have a large clubhouse facility with pool and recreational amenities, tot lots, sport courts, picnic areas and covered parking. The individual apartment homes will be two and three bedroom and designed for family use. 7. Present Zoning: The present zoning of a majority of the property is RT. A small strip along the highway is zoned C -G. 8. Proposed Zoning: The proposed zoning is R-15 to allow for an apartment community. 9. Characteristics: The site has several physical limitations that affect its use. First, it has over 1,500 feet of interstate highway frontage that would restrict a low density residential use. The shape of the property is quite irregular with the nine mile drain traversing diagonally across the western border and a large chunk taken out along the eastern border for an existing utility building use. These irregularities would make a retail use undesirable. Light industrial or an apartment community would be appropriate uses. There is currently light industrial zoned vacant land along the highway corridor but there are no areas for medium high density multi -family uses. We think this site makes a good transition to the single family neighbors on the south as an apartment community. 10. Desirability: The site has single family residential to the south, commercial uses to the west, an interstate freeway on the north and a large vacant area to the east. An apartment community would be a good transitional buffer between the commercial, freeway uses and the single family residential subdivisions. This apartment community will give Meridian residents additional housing opportunities that are not currently present in the community, and it will help the commercial area expand with the addition of more residents. 11. The comprehensive plan for Meridian identifies this area as a mixed use review area as identified in the zoning and development ordinance. The Mixed Use Review Area has "unique location" and "varied potential." As have discussed previously in the characteristics and desirability sections, we feel it is exactly because of the unique location and varied potential that makes this site perfect for medium high density residential. 12. ALTA Survey — attached 13. As provided by Meridian City Planning & Zoning — see attached letter 14. As provided by Meridian City Planning & Zoning — see attached letter 15. Check attached 16. Signed Affidavit of Posting Notice — attached 17. Signed Affidavit - attached OT la3of S lid S� (�o ;3U ( _ SQ -3 i / Z�-m' &/ J 132 ;x AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss COUNTY OF ADA ) We, Rex and Phyllis Swindell, and Max and Blanche Swindell, 2995 N. Cole Road, Suite (Name) 255, Boise, Idaho, being first duly sworn upon oath, depose and say: 1. That we are the record owners of the property described on the attached, and we grant our permission to Alta Development, Inc., 10309 S. 1980 East, Sandy, Utah 84092 to submit the accompanying application for zoning change pertaining to that property. 2. We agree to indemnify, defend and hold The City of Meridian and it's employees harmless form any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this _=day of , 1999. Rex d,Phylii windell SUBSCRIBED AND SWORN to before me the day and e first above written. Notary P blic for Idaho N Residing at My Commission Expires: y' a flier,,,,, a AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss COUNTY OF ADA ) We, Rex and Phyllis Swindell, and Max and Blanche Swindell, 2995 N. Cole Road, Suite (Name) 255, Boise, Idaho, being first duly -sworn upon oath, depose and say: 1. That we are the record ,owners of the property. described on the attached, and we grant our permission to Alta Development, Inc., 10309 S. 1980 East, Sandy, Utah 84092 to submit the accompanying application for a annexation change pertaining to that property. 2. We agree to indemnify, defend and hold The City of Meridian and it's employees harmless form any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this day of , 1999. Rex an hyllis Sw' dell SUBSCRIBED AND SWORN to before me the day first above written. Notary P blic for Idaho Residing at We -t My Commission Expires: 1L.fS V°ri.�^��'.dgq�Ay _ 1 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss COUNTY OF ADA ) N I Stephen W. French managing member of Locust Grove Properties LLC, 2995 N. Cole (Name) Road, Suite 255, Boise, Idaho, being first duly sworn upon oath, depose and say - 1. That Locust Grove Properties, LLC is the record owner of the property, described on the attached, and does grant its permission to Alta Development, Inc., 10309 S. 1980 East, Sandy, Utah 84092 to submit the accompanying application for zoning. change pertaining to that property. 2. That Locust Grove Properties, LLC agree to indemnify, defend and hold The City of Meridian and it's employees harmless form any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this day of %/�i( �� , 1999. Locust i3fo-4,e PWnert by _ S SUBSCRIBED AND SWORN to before me the ••••��ue Nyy , • ^ Y • ? ay � 1 � •o 6- I L � On •.��.t'0, , 'D p�••••. LLC French, as managing member and year first above written. Notary lic for Idaho Aesidi gat ." cl My C Sion Expires: t AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss COUNTY OF ADA ) I Stephen W. French managing member of Locust Grove Properties LLC, 2995 N. Cole (Name) Road, Suite 255, Boise, Idaho, being first duly sworn upon oath, depose and say: 1. That Locust Grove Properties, LLC is the record owner of the property described on the attached, and does grant its permission to Alta Development, Inc., 10309 S. 1980 East, Sandy, Utah 84092 to submit the accompanying application for a annexation change pertaining to that property. 2. That Locust Grove Properties, LLC agree to indemnify, defend and hold The City of Meridian and it's employees harmless form any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which Aiss,the subject of the application. Dated this � day of " / '1999. by Properties, LLC as managing member SUBSCRIBED AND SWORN to before me the day and year first above written. ,`rrraerrrrrrr��, cN t Qaa�s®oarB ^ Public for Idaho 6a a 00 4 o ing atRKidis 9 O 9 0 H = �`� U My Commission Expires: Z.O L D J AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss COUNTY OF ADA11 ) I Stephen W. French as President of The Idaho King Corporation an Idaho Corporation, (Name) 2995 N. Cole Road, Suite;255,'Boise, Idaho, being first duly sworn upon oath, depose and say: 1. That it is the record owner of the property described on the attached, and does grant its permission to Alta Development, Inc., 10309 S. 1980 East, Sandy, Utah 84092 to submit the accompanying application for zoning change pertaining to that property.- 2. roperty: 2. The Idaho King Corporation agree to indemnify, defend and hold The City of Meridian and it's employees harmless form any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this Z L' day of , 1999. by The Idaho Corporation, an Idaho Corporation Pres. SUBSCRIBED AND SWORN to before me the day and year first above written. TNL0 `'�;� of w�•*g•*.q0•s esl AR Y k Z G iblic for Id o at � �P—, nission Expires: AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss COUNTY OF ADA ) I Stephen W. French as President of The Idaho King Corporation an Idaho Corporation, (Name) 2995 N. Cole Road, Suite 255, Boise, Idaho, being first duly sworn upon oath, depose and say: That it is the record owner of the property described on the attached, and does grant its permission to Alta Development, Inc., 10309 S. 1980 East, Sandy, Utah 84092 to submit the accompanying application for a annexation change pertaining to that property. 2. The Idaho King Corporation agree to indemnify, defend and hold The City of Meridian and it's employees harmless form any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is/the/subject of the application. Dated this � � day of v " l _, 1999. by The Idang Corporation, an Idaho Corporation W. French, Pres. SUBSCRIBED AND SWORN to before me the day and year first above written. tary ublic for Idaho Q� ° F� Residing ato,',a- g ° = My` Commission Expires: o/O Jet ' ✓'�///,,,,OFA a .*Y TRANSMITTAL MEMORANDUM TO: Brad Hawkins -Clark, Assistant Planner CITY OF MERIDIAN FROM: Mark Cohen (' ND SUANCE, L.C. DATE: May 26, 1999 SUBJECT: Tax Parcel #S1118449050 Please do not consider the above referenced parcel as part of our annexation petition. Said parcel already resides within the Meridian City limits and has a C -G zone. If the C -G zone cannot accommodate our multi -family use as a conditional use, we will make application to rezone that parcel to R-15 at a later date. Thank you. 4. Legal Description � h T ENTIRE BOUNDARY A portion of the SEI/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and being described as follows: Commencing at an aluminum cap marking the SW corner of the SEI/4; thence along the South line of said SE114 N89°44'18"E a distance of 2013.27 feet to a point, from which the SE corner of said Section 16, a brass cap, bears N89044'1 8"E a distance of 635-75 feet; thence N0001 5'42"W a distance of 25.00 feet to a 5/8 inch rebar on the North right-of-way of Overiand Road and the POINT OF BEGINNING; Thence leaving said North right-of-way N29002'44"W a distance of 510.98 feet to a 518 inch rebar; Thence N68022'27 -W a distance of 410.39 feet to a 5/8 inch rebar; Thence N38920'21'W a distance of 467.46 feet to a 5/8 inch rebar on the South right-of-way of Interstate 80N/84; Thence along said South right-of-way the following courses, S89033'36"E a distance of 703.13 feet to a right-of-way monument at STA. 2365+00; Thence S83"45'17"E a distance of 200.65 feat to a right-of-way monument at STA.2370+00; Thence 589°34'1 t"E a distance of 686.11 feet to a 5/8 inch rebar being on the West right-of-way of Locust Grove road; Thence (saving the said South right-of-way and along the said West right-of-way S00°31 '58"W a distance of 44.59 feet to a 5/8 inch rebar; Thence.leaving said West right-of-way S89°43'59"W a distance of 386.22 feet to a 5/8 inch rebar; Thence S00043'42"E a distance of 238.06 feet to a 5/8 inch rebar; Thence S32023'1 7"E a distancs of 310.53 feet to a 518 inch rebar; Thence S42°11'42"E a distance of 165.40 feet to a 5/8 inch rebar; Thence S89028'30"E a distance of 99.26 feet to a 5/8 inch rebar on the said West right-of-way of Locust Grove Road; Thence along said West right-of-way S00°31'58"W a distance of 345.92 feet to a 518 inch rebar on the said North right-of-way of Overland Road; Thence leaving said West right-of-way and along the said North right-of-way S89°44'18"W a distance of 611.10 feet to the POINT OF BEGINNING. Said parcel contains 20.38 acres more or lesc easements and rights-of-way on record or implied I existing •4; ALL (Fite P178092) A portion of the SEI/4 of,Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and being described as follows: Commencing at an aluminum cap marking the SW corner of the SE1/4 thence along the South line of said SE1/4 N89144'18"E a distance of 2649.26 feet to a brass cap making the SE corner of said Section 18; thence N00031'58"E a distance of 995.99 feet along the East line of said Section 18 to a point; thence 589"43'59"W a distance of 25.00 feet to a 5/8 inch rebar on the West right-of- way of Locust Grove Road and the POINT OF BEGINNING; Thence S89°43'59"W a,distance of 386.22 feet to a 5/8 inch rebar; Thence 500°43'42"E a distance of 30.00 feet to a point; Thence S89937'04"W a distance of 707.40 feet to a point; Thence N45°32'53W a distance of 12.72 feet to a point; Thence S89°59'55"W a distance of 403.16 feet to a point; Thence N38020'21' W a distance of 133.47 feet to a 518 inch rebar on the South right-of-way of Interstate 80N/84; Thence along the said South right-of-way the following courses, S891,33'36"E a distance of 703.13 feet to a right-of-way monument at STA. 2365+00; Thence S83°45'17"E a distance of 200.65 feet to a right-of-way monument at STA. 2370+00; Thence S89°34'11" E a distance of 686.11 feet to a 5/8 inch rebar being on the West right-of-way of Locust Grove Road; Thence leaving said South right-of-way and along the said West right-of-way of Locust'Grove Road S00031'58" W- a distance of 44.69 feet to the POINT OF BEGINNING. Said parcel contains 3.00 acres more or less and is subject to all existing easements and rights-of-way on record or implied. .��iti� is (Sol . Parcei i (File P178093) A portion of the SEI/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and being described as follows: Commencing at a brass cap marking the SE corner of said Section 18; thence along the South line of said SE1/4 S89044'18"W a distance of 635.75 feet to a point, from which the S1/4 comer of Section 18, an aluminum cap, bears S89144'16W a distance of 2013.27 feet; thence N001115'42"W a distance of 25.00 feet to a 5/8 inch rebar on the North right-of-way of Overland Road: thence N89114418"E a distance of 180.99 feet along the North right-of-way of Overland Road'to a Z inch iron pipe; thence N26°46'14"W a distance of 655.30 feet to a 1/2 inch rebar and the POINT OF BEGINNING; Thence N451132'53' W a distance of 502.15 feet to a point; Thence N89037"04"E a distance of 707.40 feet to a point; Thence S00°43'42"E a distance of 208,08 feet to a 5/8 inch rebar; Thence S32123'1 7"E a distance of 178.00 feet to a 1/2 inch rebar; Thence N89044'44V a distance of 446.92 feet to the. POINT OF BEGINNING; Said parcel contains 4.49 acres more or less and is subject to all existing easements and rights-of-way on record or implied. Parcel 11 (File P178093) A portion of the SE1/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and being described as follows: Commencing at a brass cap marking the SE corner of said Section 18; thence along the South line of said SEI/4 S89044'18"W a distance of 635.75 feet to a point, from which the S1/4 corner of Section 18, an aluminum cap, bears S89°44'18'W a distance of 2013.27 feet; thence N00015'42"W a distance of 25.00 feet to a 5/8 inch rebar on the North right-of-way of Overland Road; thence N89°44'18"E a distance of 180.99 feet along the North right-of-way of Overland Road to a finch iron pipe and the POINT OF BEGINNING; Thence continuing along the North right-of-way of Overland Road N89"44'1 8"E a distance of 181.87 feat to a 5/8 inch rebar; Thence leaving said right-of-way, of Overland Road N00°31'11 "E a distance of 305.70 feet to a 5/8 inch rebar; Thence N89043'28"E a distance of 104.17 feet to a 5/8 inch rabar; Thence S42036'1 5"E a distance of 27.23 feet to a 5/8 inch rebar; Thence N89043'28„ E a distance of 125.52 feet to a point on the West right-of- way of Locust Grove Road; Thence N00°31'58"E a distance of 50.29 feet to a 5/8 inch rebar on the said West right-of-way of L ocbst Grove Road; Thence leaving said West right-of-way N89028'30"W a distance of 99.26 feet to a 5/8 inch rebar; Thence N42°11'42"W a distance of 166.40 feet to a 5/8 inch rebar; Thence N32"23'17"W.a distance of 132.53 feet to a 1/2 inch rebar; Thence N89044'44"W'a distance of 446.92 feet to a 1/2 inch rebar; Thence S26°46'14"E a distance of 656.30 feet to the POINT OF BEGINNING. Said parcel contains 5.02 acres more or less and is subject to all existing easements and rights-of-way on record or implied. �,.. 9q 0 1 Parcel Ili (Pile P178093) A portion of the SEI/4 of Section 18, Township 3 North. -Range 1 East, Boise Meridian, Ada County, Idaho and being described as follows: Commencing at a brass cap marking the SE corner of said Section 18; thence along the South line of said SE1/4 S89144'18"W a distance of 635.75 feet to a point, from which the S1/4 corner of Section 18, an aluminum cap, bears S89144'18"W a distance of 2013.27 feet; thence N00°15'42"W a distance of 25.00 feet to a 5/8 inch rebar on the North right-of-way of Overland Road and the POINT OF BEGINNING; Thence N29°02'44"W a distance of 610.98 feet to a 5/8 inch rebar: Thence N68°22'27' W a distance of 410.39 feet to a 5/8 inch rebar; Thence N38°20'21 "W a distance of 333.99 feet to a point; Thence N89°59'55"E a distance of 403.16 feet to a point; Thence S45°32'53"E a distance of 514.88 feet to a 1/2 inch rebar; Thence S26046'14"E a distance of 656.30 feet to a 1 inch iron pipe; Thence S89044'18'W a distance of 180.99 feet to the POINT OF BEGINNING. Said parcel contains 6.19 acres more or less and is subject to all existing easements and rights-of-way on record or implied. f i7 (File P178094) A portion of the SEI/4 of_Section 18, Township 3 North, Range:1 East, Boise Meridian, Ada County, Idaho and being described as follows: Commencing at an aluminum cap marking the SW comer of the SEI/4; thence along the South line of said SE1/4 N89044'18"E a distance of 2013.27 feet to a point, from which the SE corner of said Section 18, a brass cap, bears N6911441 8"E a distance of 635.75 feet; thence N0001 5'42"E a distance of 25.00 feet to a 5/8 inch rebar on the North right-of-way of Overland Road; thence along said North right-of-way N89"4471 8"E a distance of 362.86 feet to a.5/8 inch rebar and the POINT OF BEGINNING; Thence leaving the said North right-of-way N0731'1 VE a distance of 305.70 feet to a 5/8 inch rebar; Thence N891,43'28"E a distance of 104.17 feet to a 5/8 inch rebar; Thence S42936'15"E a distant® of 27.23 feet to a 518 inch rebar; Thence N891143'28"E a distance of 126.52 feet to a point on the West right-of- way of Locust Grove Road; Thence along the said West right-of-way S00031'58"W a distance of 285.63 feet to a 518 inch rebar; Thence leaving the West right-of-way and along the said North right-of-way of Overland Road S89044'18"W a distance of 248.24 feet to the POINT OF BEGINNING. Said parcel contains 1.68 acres more or `less and is subject to all existing easements and rights-of-way on record or implied. - fl 'A&t" AFFIDAVIT OF POSTING NOTICE STATE OF UTAH ) COUNTY OF SALT LAKE ) Mark B. Cohen, member of Sundance,'L:L.C., 132 South 600 East, Salt Lake City, Utah, being first duly sworn upon oath, 'depose and say: That Sundance, L.L.C. shall be so_ lely responsible for posting notice on the property of a public hearing that considers Conditional Use Permit or Zoning of the property one week prior to said public meeting. Said notice shall contain location, date and time of the public hearing as well as a description of any conditional use or zoning amendment. Dated this v^ day of AI % , 1999. Sundance, L.L.C. By 01A e—Z L� — �— IVa--'Fk--B. Cohen, Member SUBSCRIBED AND SWORN to before me the day and year first above written. c. otary Public for Utah Residing at S&21L W0-�c- My Commission Expires: D °' T"cam Debra Harris -Mercer 132 South 600 East Salt lake City, Utah 84102 $ �y� My Commission Expires s July 10, 1999 189° STATE OF UTAH AFFIDAVIT STATE OF UTAH ) COUNTY OF SALT LAKE ) Mark B. Cohen, member of Sundance, L.L.C., Applicant, at 132 South 600 East, Salt Lake City, Utah, being first duly sworn upon oath, depose and say: have read the entire contents of this application and verify that the information contained therein is true and correct. Dated this . e�?sr* day of �i�%I '1999. Sundance, L.L.C. BWz_____- Y Mark B. CoJen, Member SUBSCRIBED AND SWORN to before me the day and year first above written. o ary Public for Utah Residing at ` ZA&( j! 4 My Commission Expires: D 0yTA" s, NOTARY PUBLIC ,a Debra Harris -Mercer a " 132 South 600 East C � Salt Lake City, Utah 84102 °y� sy MY Commission Expims toes July 10, 1999 STATE OF UTAH Cot. nitmentld irsure =ALTA Commitment -1970 Rev. CoQ * OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, aMinnesota corporation, herein called the Company, * for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or �C * interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure of the proposed Insured to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith la) to comply with the requirements hereof or jbj to eliminate exceptions shown in Schedule B, or jcj to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference .and made a pan of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. IN WITNESS WHEREOF Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A, to be valid when countersigned by a validating officer or other authorized signatory. ORT Form 2526 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Ulnnesota 55401 012) 371-1111 By ijll President zz) Attest�"�_ —_^ ,i�" . , Secretary r COMMITMENT FOR TITLE INSURANCE PIONEER TITLE COMPANY OF ADA COUNTY (208) 373-3700 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SCHEDULE A SECOND AMENDED REPORT 1. Effective Date: File No. May 17, 1999 at 7:30 A.M. P178092 PIONEER TITLE COMPANY OF ADA COUNTY 821 W. STATE ST. BOISE, ID 83702 ATTN: JANET BLOSCH 1 Ph: 208-373-3750 Fx: 208-384-9936 Copies to: STEPHEN W. FRENCH, ATTORNEY AT LAW ALTA DEVELOPMENT, INC. 9 MAIN STREET, SUITE 500 10309 SOUTH 1980 EAST 110 BOISE, ID 83702 SANDY, UT 84092 Fx: Attn: S. MICHAEL HAWE I_ DANNY M."CAFFERTY.REALTY COLLIERS INTERNATIONAL 410 S. ORCHARD, SUITE 176 475 S. CAPITOL BLVD. BOISE, ID 83705 BOISE, ID 83702.. Attn DANNY,M.,CAFFERTY Attn: JERRY -VAN ENGEN i Ph: 208-344-1980 Fx:"•208-384-0710 Ph: 208-345-9000 Fx: 208-343-3124 PINNACLE ENGINEERS, INC. 870 N. LINDER STE. B MERIDIAN, ID , ATTN: CRAIG R. MCGILLOUGH Title -Inquiries should°:be_directed to: Escrow Inquiries.- should. be --directed -to: __ ---- HAROLD E. HUSTON JANET.BLOSCH, VICE°PRESIDENT (PHONE 373-3679) SR. ESCROW OFFICER (373-3750) 8151 W. RIFLEMAN 821 W. STATE ST. BOISE, ID- 83704 BOISE, ID 83702 2. Policy or Policies to be issued: (A) Owner's Extended Coverage Amount Premium $325,000.00 $1,816.88 proposed Insured: ALTA DEVELOPMENT, INC., A UTAH CORPORATION 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: i FEE SIMPLE 4. Title to the fi ee simple estate or interest in said land is at the effective date hereof vested in: THE IDAHO KING CORPORATION, AN IDAHO CORPORATION 5. The land referred to in this Commitment is described as follows: SEE SCHEDULE C File Number: P178092, SCHEDULE C The land referred to in this Commitment is described as follows: A PORTION OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT AN ALUMINUM CAP MARKING THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER; THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER NORTH 89 DEGREES 441,18" EAST A DISTANCE OF 2649.26 FEET TO A BRASS CAP MARKING THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE NORTH 00 DEGREES 31'58" EAST A DISTANCE OF 996.99 FEET ALONG THE EAST LINE OF SAID SECTION 18 TO A POINT; THENCE SOUTH 489 DEGREES 43'59" WEST A DISTANCE OF 25.00 FEET TO A 5/8 INCH REBAR ON THE WEST RIGHT OF WAY OF LOCUST GROVE ROAD AND THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 43'59" WEST A DISTANCE OF 386.22 FEET TO A 5/8 INCH REBAR; THENCE SOUTH 00 DEGREE 43'42" EAST A DISTANCE OF 30.00 FEET TO A POINT; THENCE SOUTH 89 DEGREES 37'04" WEST A DISTANCE OF 707.40 FEET TO A POINT; THENCE NORTH 45 DEGREES 3253" WEST A DISTANCE OF 12.72 FEET TO A POINT; THENCE F8 SOUTH'89 DEGREES 59'55" WEST A DISTANCE OF 403.16 FEET TO A POINT;- THENCE NORTH 38 DEGREES '20'21 " WEST A DISTANCE OF 133.47 FEET TO A 5/8 INCH REBAR ON THE SOUTH RIGHT OF WAY OF INTERSTATE 80N/84; THENCE ALONG THE SAID SOUTH RIGHT OF WAY THE FOLLOWING COURSES, SOUTH 89 DEGREES 33'36" EAST A DISTANCE OF 703.13' FEET TO'A RIGHT OF WAY MONUMENT AT STA. 2365+00; THENCE SOUTH 83 DEGREES 45'17" EAST A DISTANCE OF 200.65 FEET TO A RIGHT OF WAY MONUMENT AT STA. 2370+00; THENCE_ SOUTH 89 DEGREES 34'11" EAST A DISTANCE OF 686.11 FEET TO A 5/8 INCH REBAR BEING ON THE WEST RIGHT OF WAY OF LOCUST GROVE ROAD; THENCE LEAVING SAID SOUTH RIGHT OF WAY AND ALONG THE SAID WEST RIGHT OF WAY OF LOCUST GROVE ROAD SOUTH 00 DEGREE 31'58" WEST A DISTANCE OF 44.69 FEET TO THE POINT OF BEGINNING. END OF LEGAL DESCRIPTION I I FILE, NO.: P.1'78092 EXHIBIT A A PORTION OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AND BEING DESCRIBED AS FOLLOWS: - COMMENCING AT AN ALUMINUM CAP MARKING THE SOUTHWEST CORNER OF THE"SOUTHEAST QUARTER; THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER NORTH 89 DEGREES 44"18" EAST A DISTANCE OF 2649.26 FEET TO A BRASS CAP MARKING THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE NORTH 00 DEGREES 3158" EAST A DISTANCE OF 996.99 FEET ALONG THE EAST LINE OF SAID SECTION 18 TO A POINT; THENCE SOUTH 89 DEGREES 43'59" WEST A DISTANCE OF 25.00 FEET TO A 5/8 INCH REBAR ON THE WEST RIGHT OF WAY OF LOCUST GROVE ROAD AND THE POINT OF BEGINNING; THENCE I SOUTH 89 DEGREES 43'59" WEST A DISTANCE OF 386.22 FEET TO A 5/8 INCH REBAR; THENCE SOUTH bO DEGREE 4342" EAST A DISTANCE OF 30.00 FEET TO A POINT; THENCE SOUTH 89 DEGREES 37'04" WEST A.DISTANCE OF 707.40 FEET TO A POINT; THENCE NORTH 45 DEGREES 32'53" WEST A DISTANCE OF 12.72 FEET TO A POINT; THENCE SOUTH 89 DEGREES 59'55" WEST A DISTANCE OF 403.16 FEET TO A POINT; THENCE NORTH 38 DEGREES.20'21" WEST A DISTANCE OF 133.47. FEET TO A 518°INCH REBAR ON THE SOUTH RIGHT OF WAY OF INTERSTATE 80N/84; THENCE ALONG THE SAID SOUTH RIGHT OF WAY THE FOLLOWING COURSES, SOUTH 89 DEGREES 33'36" EAST A DISTANCE;OF 703.13 FEET TO A RIGHT OF WAY MONUMENT AT,STA. 2365+00; THENCE SOUTH 83 DEGREES 45'17 EAST A DISTANCE OF 200.65 FEET TO A RIGHT OF WAY MONUMENT AT STA. 2370+00; THENCE SOUTH 89 DEGREES 34'11" EAST A DISTANCE OF 686.11 FEET TO A 5/8 INCH REBAR BEING ON THE -WEST RIGHT OF WAY OF LOCUST GROVE ROAD; THENCE LEAVING SAID SOUTH RIGHT OF WAY AND ALONG THE SAID WEST RIGHT OF WAY OF LOCUST GROVE ROAD. SOUTH_. 00_DEGREE 31'58°__WES`T A_DISTANCE-OF 44_.69 FEET TO THE POINT OF BEGINNING. END OF LEGAL DESCRIPTION I ?2 I i I i I i 1 I 1 -- - ----------------- r:---------------- f---------------- ' 1 ) I 1 I I egI I 1 a I I 1 I I I I I 1 1 1 1 I I I I 1 I 1 1 1 t I i 1 I I 1 I 1 1 1 I 1 1 I 1 I I 1 I I I I 1 I I I I I I 1 1 I 1 I I I 1 I I I 1 � I I C 1 1 1. I I I 1 I I I 1 1 3.(r s s Y y T l'�`''A.'rs .- $.+J� �J tl O tJ.J ��..�J;f�,h•��tx - w }Zi�^" 4 �yv'"k a X 4i '7 r Crs x .,i �i✓� "4 -r - Y.:�, x V r �s sib �� u��ir•Y1 3kl,� ti> x - A�P+°neerCompeny 3Qi.5C lft r+ y�sps5 CO_asw:,: x 1` PIONEERTITLE COMPANYIONEE��{ s`P Rzo K T X ADA OF COUNTY I 03 +� `d 8�ibs7n�t fa' L r 888 North Cole Road" / Bofse Jdat o 83704 e Tek�t n ".T -.z•�. � � n F FEc x, xtlie Grantee wtiasa current addcesc is 1 09 .IaEST MAI' County Stateof Idaho moiapant'eUla%y described as K,� �� .the foflowuig described real property in ADA L r� ` t � .�a��y �,� follows town � -3-'yrr� SEES E�CF[ZEZT A > nTZ4CHED HERE90 Pa�1D "IADE A P � 3EREQF CO"EPcZLSII3G '4PGFS �`�� '" " o Z.1� i.x � Y j`cfi k�� ,rrs y✓ � r�Nl•'�� ,`�� g" < 59 W r r 'conveyance is expressty made,subJecf ind those nia c su r r "CCStf Ct10nS dedtcauons CasCm(:,' Clt 1115 Of 14aY;and a� a `Carf h Ch aCC 101a CI dUaand patiab a and ha Graritoc s " g tlndt des i�na tion and unhfv nssessment3 U! am) for tht wt't warr4ntmet i find rhe sane `rum all'aµful claims u K eC �`y' { ✓1 <I)aieONE 7 d QC OSFR .4 19°C o c y 7 '. yII �IAK '0 Ll r�' W. 7-7 CoUnrV Of "�li 4F 41 vx e { SS r 7 r SpRTE OF "IDAq t11 t e s 2ei4 be t tc. TNP L��FnS�s,�E9 -- z kOit thfs34 1r1��tQ y��y, abo tar _ ---n xnotar} pub{tc pecZ �'� F � <s5na1R ap a�bT.,�T,tj---=••ES subscrcbed tarhwithtnrmtcwsrepr,ana` l nos$ .pc detw1e� to r{iei,b is person s whcse s are t Ph acknOtrte eta me th r y x "c uced the s�th uirJ, 1 Ff t a -0f UBL1�Wiwi.r 1 >Y 1� r F OF 2 �� .ffn�f�f• \f l�mmust9n.E lies 5�2? �)s '^"G "'K COMMITMENT FOR TITLE INS:URAN..CE' 1;7S1QC)063S SCHEDULE C ';.,Fie NwTg)er: P133529 The IaM referred to in this Commitment Is described as follows: PARCEL l BEGINNING ATTHE SOUTHEAST CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE t EAST, BOISE MERIDIAN, ADA COUNTY. IDAHO r' THENCE NORTH 370.58 FEET TO A POINT; :.THENCE NORTH 89 DEGREES 28'30 WEST 124.26 FEET TO A POINT; ..THENCE NORTH 42 DEGREES 11'42' WEST 166.40 FEET TO A POINT; THENCE NORTH 32 DEGREES 23`17' WEST 132.52 FEET TO THE REAL POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 37'04' WEST 450.00 FEET TO A POINT; -THENCE NORTH 44 DEGREES 56'56` WEST 516.04'FEET TO.A POINT; THENCE SOUTH 89 DEGREES 59'55" WEST 399.4 FEET TO A POINT; THENCE NORTH 38 DEGREES 20'21' WEST 133.82 FEET TO A POINT; THENCE SOUTH 89 DEGREES 34'12" EAST 288.23 FEET TO A POINT; THENCE SOUTH 0 DEGREE 08'39' EAST 82.80 FEET TO A POINT; THENCE NORTH 89 DEGREES 37'047 EAST 913.58 FEET TO A POINT; TpENCE SOUTH 0 DEGREE 43'42` EAST 238.08 FEET TO A POINT; THENCE SOUTH 32 DEGREES 23'17" EAST 178.00 FEET TO THE REAL POINT OF BEGINNING ECCEprnNG THEREFROM: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; THENCE NORTH 370.58 FEET TO A POINT: THENCE NORTH 89 DEGREES 28'30" WEST 124.26 FEET TO A POINT; THENCE NORTH 42 DEGREES 11'42" WEST 166.40 FEET TO A POINT; THENCE NORTH 32 DEGREES 23'17" WEST 132.52 FEET TO THE REAL POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 37'04" WEST 450.00 FEET TO A POINT:p THENCE NORTH 44 DEGREES 56'56" WEST 546.04 FEET TO A POINT; THENCE NORTH 69 DEGREES 37'04" EAST 737.39 FEET TO A POINT-, THENCE SOUTH 0 DEGREE 43'42" EAST 238.08 FEET TO A POINT; THENCE SOUTH 32 DEGREES 23'1 T EAST 178.00 FEET TO THE REAL POINT OF BEGINNING T XIS E EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY AS PORTION OF IT EXISTS IN THE ' ABOVE DESCRIBED PARCEL l; ATfih£�il OF � l;UAT€D IN TN8 SOUTH 1 f2 OF THE NORTH t 12 4F THE SOUTHEAST i J4 OF THE SOUTHF- ST 1 %4 OF SECTION 1S, TOWN5HIP 3 I iOftTti, fiP1(�U`C i €AST, 130)9-9-M€RIDIAN. ADA GOUNT7. IDAHO, DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND BRASS CAP MONUMENTING THE SOUTH 1/4 CORNER OF SAID SECTION i8, THENCE ALONG THE SOUTHERLY LINE OF SAID SECTION 18 NORTH 89 DEGREES 44'18" EAST A DISTANCE OF 2649 26 FEET TO A FOUND BRASS CAP MOt4UMENTING THE SOUTHEAST CORNER OF SAA SECTION 18, THENCE LEAVING SAID SOUTHERLY LINE ALONG THE EASTERLY UNEOF SAID SECTION 18 NORTH 00 DEGREE 31'30' EAST A DISTANCE OF 996.99 FEET TO A FOUND NAIL, THENCE LEAVING SAID EASTERLY LINE ALONG THE NORTHERLY LINE OF SAID SOUTH 1/2 OF THE NORTH 1/2 OF THE `LEST A DISTANCE OF SOUTHEAST 1 03 SOUTHEAST TO A FOUND STEELIN, SAID PIN BIEING THE DEGREES 43'45' POINT OF BEGINNING. CONTINUED P133529 ' THENCE LEADING SAID NORTHERLYLINE SOUTH 88 DEGREES 51 -33' -WEST A DISTANCE OF 91.4 38, FEET TO A SET STEEL PIN ON THE WESTERLY LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/.4 -';OF SECTION 18, THENCE ALONG SAID WESTERLY LINE NORTH 00 DEGREE 29'49" FAST A DISTANCE OF :12.6.7 FEET TO A SET STEEL PIN MONUMENTING THE NORTHWEST CORNER OF THE SAID SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 18, THENCE LEAVING SAID WESTERLY LINE ALONG THE NORTHERLY LINE OF THE SAID SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 18 NORTH 89 DEGREES 39' 12" EAST A DISTANCE OF 914.10 FEET TO THE REAL POINT OF BEGINNING. PARCELII THE NORTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, LYING SOUTH OF THE RIGHT OF WAY BOUNDARY OF INTERSTATE 80 NORTH, PROJECT NO. 1-80N-1 (29)`4.5 HIGHWAY SURVEY. EXCEPTING THEREFROM ANY PORTION LYING WITH THE RIGHT OF WAY OF LOCUST GROVE ROAD PARCEL 111 THE NORTHERLY 30 FEET OF THE FOLLOWING DESCRIBED LAND; BEGINNING AT THE SOUTHEAST CORNER OF SECTION 16. TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUN . Y, IDAHO; THENCE NORTH 370.58 FEET TO A POINT; .THENCE NORTH 69 DEGREES 28'30" WEST 124.26 FEET TO A POINT; THENCE NORTH 42 DEGREES 11'42" WEST 166.40 FEET TO A POINT; THENCE NORTH 32 DEGREES 23'17" WEST 132.53 FEET TO THE REAL POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 37'04" WEST 450.00 FEET TO A POINT; THENCE NORTH 44 DEGREES 56'56" WEST 546.04 FEET TO A POINT; THENCE NORTH 89 DEGREES 37'04" EAST 737.39 FEET TO A POINT; THENCE SOUTH 0 DEGREE 43'42" EAST 238.08 FEET TO A POINT; THENCE SOUTH 32 GFGREES 23'17" EAST 178.00 FEET TO THE REAL POIN F OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY AS A PORTION OF IT EXISTS IN THE ABOVE DESCRIBED PARCEL III; A TRACT OF 1 AND SITUATED IN THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE-------- SOUTHEAST HEJSOUTHEAST 1/4 OF SECTION 18. TOWNSHIP 3 NORTH, RANGE 1 EAST; BOISE MERIDIAN, ADA COUNTY, IDAHO. DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND BRASS CAP MONUMENTING THE SOUTH 1/4 CORNER OF SAID SECTION 18, THENCE ALONG THE SOUTHERLY LINE OF SAID SECTION 18 NORTH 89 DEGREES 44'18" EAST A DISTANCE OF 2649.26 FEET TO A FOUND BRASS CAP MONUMENTING THE SOUTHEAST CORNER OF SAID SECTION 18. THENCE LEA\, ING SAID SOUTHERLY LINE ALONG THE EASTERLY LINE OF SAID SECTION 18 NORTH 00 DEGREE 31'30" EAST A DISTANCE OF 996.99 FEET TO A FOUND NAIL, THENCE LEAVING SAID EASTERLY LINE ALONG THE NORTHERLY LINE OF SAID SOUTH 1/2 OF THE NORTH 1: 2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 18 SOUTH 89 DEGREES 43'45' WEST A DISTANCE OF 411.03 FEET TO A FOUND STEEL PIN, SAID PIN BEING THE POINT OF BEGINNING. THENCE LEA: ING 3A ID NORTHERLY LINE SOUTH 88 DEGREES 51'33" WEST A DISTANCE OF 914.38 FEET TO A SET STEEL PIN ON THE WESTERLY LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 18. THENCE ALONG SAID WESTERLY LINE NORTH 00 DEGREE 29'49" EAST A DISTANCE OF 12.67 FEET TO A SET STEEL PIN MONUMENTING THE NORTHWEST CORNER OF THE SAID SOUTH 1/2 OF THE NORTH 1�2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 18, Ti- ENCE LEAVING SAID WESTERLY LINE ALONG THE NORTHERLY LINE OF THE SAID SOUTH 1/2 OF THE NORTH 1 i2 OF THE SOUTHEA: 1,1/4 OF THE SOUTHEAST 1/4 OF SECTION 18 NORTH 89 DEGREES 39' 12" EAST A DISTANCE OF 914.10 FEET TO THE REAL POINT OF BEGINNIN3. CONTINUED r' r P133529 PARCEL IV 17191000637 A TRACT OF LAND SITUATED IN THE SOUTH 112 OF THE NORTH 1/2 OF THE SOUTHEAST 1 /4 OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 3 NORTH,. RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND BRASS CAP MONUMENTING THE SOUTH 1/4 CORNER OF SAID SECTION 18, THENCE ALONG THE SOUTHERLY LINE OF SAID SECTION 18 NORTH 89 DEGREES 44'18" EAST A DISTANCE OF 2649.26 FEET TO A FOUND BRASS CAP MONUMENTING THE SOUTHEAST CORNER OF SAID SECTION 18, THENCE LEAVING SAID SOUTHERLY LINE ALONG THE EASTERLY LINE OF SAID SECTION 1 B NORTH 00 DEGREE 31'30" EAST A DISTANCE OF 996.99 FEET TO A FOUND NAIL, THENCE LEAVING SAID EASTERLY LINE ALONG THE NORTHERLY LINE OF SAID SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 18 SOUTH P9 DEGREES 43'45" WEST A DISTANCE OF 411.03 FEET TO A FOUND STEEL PIN, SAID PIN BEING THE POINT OF BEGINNING. THENCE LEAVING SAID NORTHERLY LINE SOUTH 88 DEGREES 51'33" WEST A DISTANCE OF 914.38 FEET TO A SET STEEL PIN ON THE WESTERLY LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF, SECTION 18, THENCE ALONG SAID WESTERLY LINE NORTH 00 DEGREE 29'49" EAST A DISTANCE OF 12.67 FEET TO A SET STEEL PIN MONUMENTING THE NORTHWEST CORNER OF THE SAID SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1 /4 OF THE SOUTHEAST 1/4 OF SFCTION 18, THENCE LEAVING SAID WESTERLY LINE ALONG THE NORTHERLY LINE OF THE SAID SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 18 NORTH 89 DEGREES 39'12` EAST A DISTANCE OF 914.10 FEET TO THE REAL POINT OF BEGINNING. END OF LEGAL DESCRIPTION Commitment to Insure % _ ALTA Commitment - 1970 Rev: L _ L occixik (7c o��l�Qer * OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or �c 4L * * interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure of the proposed Insured to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously 'incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good, faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and made a pan of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject.to the provisions of this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A, to be valid when countersigned by a validating officer or other authorized signatory. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 (612) 371-1111 ni By President a a Authorize Signatory s Attest Secretary ORT Form 2526 COMMITMENT FOR TITLE INSURANCE PIONEER TITLE COMPANY OF ADA COUNTY (208) 373-3700 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SCHEDULE A SECOND AMENDED REPORT File No. 1. Effective Date: P178094 May 17, 1999 at 7:30 A.M. PIONEER TITLE COMPANY OF ADA COUNTY 821 W. STATE ST. BOISE, ID 83702 ATTN: JANET BLOSCH Ph: 208-373-3750 Fx: 208-384-9936 Copies' to: ALTA DEVELOPMENT, INC. 10309 SOUTH 1980 EAST SANDY, UT 84092 Attn: S. MICHAEL HAWS COLLIERS INTERNATIONAL 475 S. CAPITOL BLVD., BOISE, ID 83702 Attn: JERY VAN ENGEN Ph: 208-345-9000 Fx: 208-343-3124 PINNACLE ENGINEERS, INC. 870 N. LINDER, STE. B MERIDIAN, ID 83642 Attn: CRAIG R. McCULLOUGH Escrow Inquiries should_be.directed to: JANET BLOSCH - SR. ESCROW OFFICER (373-3750) 821 W. STATE ST. BOISE, ID 83702 2. Policy or Policies to be issued: (A) Owner's Extended Coverage STEPHEN W. FRENCH, ATTORNEY AT LAW 1109 MAIN STREET,.SUITE 500 BOISE, ID 83702 Fx: DANNY M. CAFFERTY REALTY 410 S. ORCHARD, SUITE 176 BOISE, ID 83705 Attn: DANNY M. CAFFERTY Ph: 208-344-1980 Fx:-208-384-0710 Title Inquiries_ should__b.e_d.irected._to: HAROLD E. HUSTON VICE PRESIDENT (PHONE 373-3679) 8151 W. RIFLEMAN BOISE, ID 83704 Amount Premium $200,000.00 $1,282.50 Proposed Insured: ALTA DEVELOPMENT, INC., A UTAH CORPORATION 3. The estate or interest in the land described or referred to in this Commitment and covered herein is FEE SIMPLE 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: LOCUST GROVE PROPERTIES, LLC 5. The land referred to in this Commitment is described as follows: SEE SCHEDULE C File Number: P178094 SCHEDULE C The land referred to in this Commitment is described as follows: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 18, TOWNSHIP 3 NORTH; RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MARKED BY A BRASS CAP, THE REAL POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 44'18' WEST ALONG THE SOUTH LINE OF SAID SECTION 18, A DISTANCE OF 273.20 FEET TO A POINT ON THE CENTERLINE OF OVERLAND ROAD; THENCE NORTH O'DEGREE 31,'30" EAST 330.58 FEET TO.A STEEL PIN; THENCE NORTH 89 DEGREES -:44'18" EAST 104.20 FEET TO A STEEL PIN; THENCE,,SOUTH 42 DEGREES 11'42" EAST 27.22 FEET TO A -STEEL PIN; THENCE NORTH 89 DEGREES 44'18" EAST 150.52 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 18, ALSO THE CENTERLINE OF LOCUST GROVE ROAD; THENCE SOUTH 0 DEGREE 31'30" WEST ALONG THE EAST LINE OF SAID SECTION 18, 310.58 FEET BACK TO THE REAL POINT OF BEGINNING. EXCEPT ANY PORTION LYING WITHIN THE RIGHTS OF WAY OF OVERLAND ROAD AND LOCUST GROVE ROAD. END OF LEGAL DESCRIPTION ' 'FME NO.: P178094 EXHIBIT A COMMENCING AT THE SOUTHEAST CORNER OF SECTION 18, TOWNSHIP. .3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MARKED BY A BRASS CAP, THE REAL POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 44'18" WEST ALONG THE SOUTH LINE OF SAID SECTION 18., A DISTANCE OF 273.20 FEET TO A POINT ON THE CENTERLINE OF OVERLAND ROAD; THENCE NORTH 0 DEGREE 31'30" EAST 330.58 FEET TO A STEEL PIN; THENCE NORTH 89 DEGREES 44'18" EAST 104.20 FEET TO A STEEL PIN; THENCE SOUTH 42 DEGREES 11'42" EAST 27.22 FEET TO A STEEL PIN; THENCE NORTH 89 DEGREES 44'18" EAST 150.52 FEET TOA POINT ON THE EAST LINE OF SAID SECTION 18, ALSO THE CENTERLINE OF LOCUST GROVE ROAD; THENCE SOUTH 0 DEGREE 31'30" WEST ALONG THE EAST LINE OF SAID SECTION '18, 310.58 FEET BACK TO THE REAL POINT OF BEGINNING. EXCEPT ANY PORTION LYINGWITHINTHE RIGHTS OF WAY OF OVERLAND ROAD AND LOCUST GROVE ROAD. 4 END OF LEGAL DESCRIPTION I >Z 1, ---- 1 I II I I =I zil IYOJs i I/�±e _ I � � I lJJ I YI IP,�I i I it qLa�� ot�LL d I I ��sO il` y II I oyo i i i ml i -------------- I I I'I I II 1 II I I I II II II I I I II I !I e I II 1 1 1 i I I I I I I I 1 I 1 I I 1 1 I 1 1 1 I 1 I 1 t I I I I I I I I I - I 1 I I I 1 I I I 1 1 I I I I I I I I I I 1. I 9?OS`�996 ATF -96064997 -BP Hi S E IBJ ALLIANCE TITLE '97 JUL 11 PNI 1216 CORRECTION TRUSTEW S DEED' FEE RECO R.: EJ - .:: .QUEST F CHARLES C. JUST, ESQ., Attorney at Law, herein called Successor Trustee. under the Deed of Trust hereinafter particularly describ d, does hereby bargain, sel nd convey, without warranty to Locust Grove Properties, LLC whose business address is 1109 Main reet, Suite 500, Boise, a o, 83702, all of the real property situated in the County of Ada, State of Idaho, described as follows, to -wit: Legal description attached as Exhibit A, and incorporated by reference hereto. This conveyance is made pursuant to the powers conferred upon the Successor Trustee by the Deed of Trust, between Curtis M. Gossage and Tonya G. Gossage, husband and wife, as Grantors, Charles C. Just, Esq., as Successor Trustee, and TMS Mortgage, Inc. d/b/a The Money Store, as Beneficiary. Said Deed of Trust was recorded January 10, 1996, as Instrument No. 96002818, records of Ada County, Idaho, and after the fulfillment.of the conditions specified in said Deed of Trust authorizing the conveyance as follows: (a) Default occurred in the obligations for which such Deed of Trust was given as security and the Beneficiary made demand upon the Successor Trustee to sell said property pursuant to the terms of said Deed of Trust. The Notice of Default was recorded as Instrument No. 97001003, records' of Ada County, Idaho, the nature of such default being set forth in said Notice of Default. Such default still existed at the time of sale. (b) After recordation of said Notice of Default, Successor Trustee gave notice of the time and place of the sale of said property by registered or certified mail, by personal service upon the occupants of said real property, by posting in a conspicuous place on said premises and by publishing in a newspaper of general circulation in the county in which the property is situated as more fully appears in affidavits recorded at least 20 days prior to the date of sale as Instrument Nos. 97027846, 97027847, and 97027848, records of Ada County, =Idaho. (c) The provisions, recitals and contents of the notice of Default referred to in paragraph (a) and of the Affidavits referred to in paragraph (b) shall be and they are hereby incorporated herein and made an integral part hereof for all purposes- as though.set forth herein at length. (d) All requirements of service, posting, publication and Notice of Sale and of all with. law regarding the mailing,. personal and recording of Notice of Default other notices have been complied 1 (e) Not less than 120 days elapsed between the giving of notice of sale by registered or certified mail and the sale of said property. (f) Successor Trustee, at the time and place of sale fixed by said notice, at public auction, in one parcel, and Locust Grove Properties, LLC, being the highest bidder of the property herein described for the sum of $110,001.00, subject however to all prior liens and encumbrances. No person or corporation offered to take any part of said property less than the sole thereof for the amount of principal, interest, advances, and costs. ,y _L t IN WITNESS -WHEREOF, the Successor, Trustee Ch.V les C ,3usts Esq. has caused his name to be''hereunto subscr� Vthis 8p{i- day of July, 1997. I STATE OF IDAHO ) )ss County of Bonneville ssor.Trust" on this 8th day of July, 1997, before me the undersigned, a Notary Public in and for the State of Idaho, personally appeared Charles :C';.Just, Esq., known to me to be the person whose name is subsoribia& -to the, foregoing instrument and acknowledged to., me that,.. he"e3tecuted the same. :;$Alit W3TNESS WHEREOF, I have hereunto set -my hand -the -day -and - year first above written. NOTARY PUBLIC F R IDAHO' Residing at Idaho Falls, Commission expires: COMMENCING at the Southeast corner of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, marked by a brass cap, the REAL POINT OF BEGINNING; thence South 89 degrees .44118" West along the South line of said Section 18, a distance of 273.20 feet to a point on the centerline of Overland Road; *thence North 0 degrees 31130" East 330.58 feet to a steel pin; thence North 89 degrees 44-'18" East 104.20 feet to a steel pin; thence South 42 degrees 1114211 East 27.22 feet to a steel pin; thence North 89 degrees 44118" East 150.52 feet to a point on the East line of said Section 18, also the centerline of Locust Grove Road; thence South 0 degrees 3113011 West along the East line of said Section 18, a distance of 310.58 feet to the READ POINT OF BEGINNING. EXCEPT right of way for Overland Road and Locust Grove Road. d _r 'ADA CG. RECORDER � CENTRAL D "�l 1 NO. 00 DISTRICT BOtQ /' // FiL Fn THEALTH ADA C'. RECORDER DEPARTMENT 0arO70AQ- 3 1SV11 . FAX 771-MM To yrrrrwt m•d Attar dtseasi and dlwbi!lry; Wud w pvt�cJ awd rronati the 1FsaL� and gmlitt afore ndravat y6-1018 F. �DA R]E;-sem August 28, 1996 '96 OCT 7 flM 10 27 FEE.�� GE' RECORO- AT IhE RE UEST OF David Navarro . ' Ada County Recorder X650`,:Main Street Boise,:Idaho 83702 Re '1545 S LocusCGrove,`Meridian, Idaho SEMI SEN Section 18 T3N R1E, Ada County Parcel S1118449300' :Dear Mr.' Navarro Central District Health ''is requesting that this document be recorded.in the.: county. records. The subsurface sewage disposal system for 1545'8 * 5458: Locust Grove, (SL"4 SEW Section 18 T3N RIE) has failed and :"the'residence must.be.connected.to the Meridian City Sewer .Systea►. sewage•effluent is 'discharging on to the ground bur£ace which is a. `public ••healthhazard, and violation of Title 1, chapter 3, Regulations for Individual/Subsurface Sewage Disposal Systems. Sincerely, Thomas E. Schmale', .EES. Senior Environmental Health Specialist cc.:' Tom Turco, Director of Environmental Health Martin O. Jones, Supervisor of Environmental Health Curtis and Tonya Gossage Gary Smith, City of Meridian Will Berg, City of Meridian 0 Serving Yalky.:Ebwrr, Bow. and Ada Counties AQ,I / lOU COU OY OFF3Cf &MM COLIV O M VAM 001MY OFRCB 707 K MTdag Platy 90 E 8th s aW t t rn P.O. Bcx VA Bose. D 850dm 1, Fbig. D mcccc D W P1t 55521! 8760 PM 59-M PN 634.1154 0 ota d the * * * OLD REPUBLIC NATIONAL TITLE INSURANCE oCOMeAts poalicy ofepo} cies corporation, title insurance, as identified lent', * � for a valuable consideration, hereby commitse estate Or mortg Schedule A, in favor of the propose�insured r ormed in referredenuSchedule A,owner uponr paymen9eofthehpremiums and interest covered hereby in the land escrbed o charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when inserted density Of amount the policy or policies committed for have been i le"Aphereof by l the r Comnd e Company, her at Of the time of the issuance of this Commitment or by subsequent endorsement. ility This Commitment is preliminary to the issuance enfthesuch ofcy(jor poy or 6ciesecomm tted forinsurance shall slue Iiwh bhevernd obligations hereunder shall ce failure to se and r ssue such policymonths orfpolices iseffective the fav thereof of therCompany. P first occurs, provided that th CONDITIONS AND STIPULATIONS>, f. The term "mortgage", when used herein, shall include deed oft rusts, trust deed, or. then secu ity instr men 2. If the proposed insured has or acquires actual knowledge o y act of reliance hereon affecting the estate or interest or mortgage thereon covered by this Commitment ifor anyer than lossto�damage resultise shown in ng Schedule act and shall failto or other matter a 9 disclose such knowledge to the. Company in writing, the Company shall be relieved from liability defect; lien, encumbrance, adverse claim is other matter, the extent the Company is prejudiced by failure, of the proposed' Insured to so disclose such knowledge. If the proposed Insured shall disclose such to the a from liability previously knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such Company at its option may amend Schedule B'of the andStipulations.Commitment tmentcordingly, but such amendment shall not relieve the Company Insured and such incurred pursuant to paragraph 3 of these Condition 3. Liability of the Company under this.Commitment shall be only to the named proposed ance reon in only oss parties included under the definition of Insured in the form of policy or policies committed for andSchedule Bctuaor l l to incurred acquire or ceelate the eestate orinterest undertaking in good faith (a) to comply with the requirements hereof or ibj to eliminate exceptions shown tted d exceed and the Exclusions from Coverage of the form of Policy or policies or mortgage thereon covered by this Commitment. In rio`event shall such liability exceed the amount stated in Schedule A for the policy or policies commified for and such liability is subject to the insuring provisions and the ConditionsStipulations committed for in favor of the proposed Insured which are hereby incorporated by reference and made a part of this Commitment except as expressly mo the herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bong against arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on Company 9 and are subject to the provisions of this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A, to be valid when countersigned by a validating officer or other authorized signatory. -: Ole REPUBOC'NATIONACTITLE INSURANCE COMPANY OOT Farm 2526 A Stack Company 400 Second Avenue South, Minneapolis, Minnesota 55401 (612) 371-1111 By Attest President Secretary 7 File No. 'P178093 COMMITMENT FOR TITLE INSURANCE PIONEER TITLE COMPANY OF ADA COUNTY (208) 373-3700 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SCHEDULE A SECOND AMENDED REPORT 1. Effective Date: May 17, 1999 at 7:30 A.M. PIONEER TITLE COMPANY OF ADA COUNTY 821 W. STATE ST. BOISE, ID 83702 ATTN: JANET BLOSCH Ph: 208-373-3750 Fx: 208-384-9936 Copies to: ALTA DEVELOPMENT INC. 10309 SOUTH 1980 EAST SANDY, UT 84092 Attn: S. MICHAEL HAWS COLLIERSINTERNATIONAL 475 S. CAPITOL BLVD. BOISE, ID 83702 Attn: JERRY VAN ENGEN Ph: 208-345-9000 Fx: 208-343-3124 PINNACLE ENGINEERS INC. 870 N. LINDER, STE. B MERIDIAN, ID 83642 Attn: CRAIG R. McCULLOUGH Escrow Inquiries should be directed to: JANET BLOSCH SR. ESCROW OFFICER (373-3750) 821 W. STATE ST. BOISE, ID 83702 2. Policy or Policies to be issued: (A) Owner's Extended Coverage STEPHEN W. FRENCH, ATTORNEY AT -LAW 1109 MAIN STREET, SUITE 500 BOISE, ID 83702 Fx: DANNY M. CAFFERTY REALTY 410 S. ORCHARD, SUITE 176 BOISE, ID 83705 Attn: DANNY M. CAFFERTY Ph: 208-377-1980 Fx: 208-384-0710 t t: L Title Inquiries should be directed to: HAROLD E. HUSTON VICE PRESIDENT (PHONE 373-3679) 151 W. RIFLEMAN BOISE, ID 83704 r Amount Premium $1,4751000.00 $5,520.00 RE -ISSUE CREDIT: $570.00 Proposed Insured: ALTA DEVELOPMENT INC., A UTAH CORPORATION 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE CONTINUED P178093 4. Title to the flee simple estate or interest in said -land is at the effective date hereof vested in: MAX SWINDELL AND BLANCHE SWINDELL, HUSBAND AND WIFE; AND REX A. SWINDELL AND PHYLLIS SWINDELL, HUSBAND AND WIFE 5. The land referred to ,in this Commitment is described as follows: SEE SCHEDULE C x File Number:. P178093 SCHEDULE C The land referred to in this Commitment is described as follows: PARCEL I A PORTION OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE -.MERIDIAN, ADA COUNTY, IDAHO AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP MARKING THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4 SOUTH 89 DEGREES 44'18" WEST A DISTANCE OF 635.75 FEET TO A POINT, FROM WHICH -THE SOUTH 1/4 CORNER OF SECTION 18, AN ALUMINUM CAP, BEARS SOUTH 89 DEGREES 44'18" WEST A DISTANCE OF 2013.27 FEET; THENCE NORTH 00 DEGREE 15'42" WEST'A DISTANCE OF 25.00 FEET TO A-5/8 INCH REBAR ON THE NORTH RIGHT-OF-WAY OF OVERLAND ROAD; THENCE NORTH' 86 DEGREES 44'18" EAST A DISTANCE OF 180.99 FEET ALONG THE NORTH RIGHT-OF-WAY OF OVERLAND ROAD.TO A 1 INCH IRON PIPE; THENCE NORTH 26 DEGREES 46'14" WEST A DISTANCE OF 656.30 FEET TO A 1/2 INCH REBAR AND THE POINT OF BEGINNING;'THENCE NORTH 45 DEGREES 32'53" WEST A DISTANCE OF 502.16 FEET TO A POINT; THENCE NORTH 89 .DEGREES 37'04" EAST A DISTANCE OF 707.40 FEET TO A POINT; THENCE SOUTH OO -DEGREE 43'42" EAST"A DISTANCE OF'208.08 FEET TO A 5/8 INCH REBAR; THENCE , SOUTH 32 DEGREES 23'17" EAST A DISTANCE OF 178.00 FEET TO A 1/2 INCH REBAR; THENCE NORTH 89 DEGREES 44'44" WEST A DISTANCE OF 446.92 FEET TO THE POINT OF BEGINNING. PARCEL II A PORTION OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP '3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AND BEING DESCRIBED AS FOLLOWS: --------- COMMENCING AT A BRASS CAP MARKING THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4 SOUTH 89 DEGREES 44'18" WEST A DISTANCE OF 635.75 FEET TO A POINT, FROM WHICH THE SOUTH 1/4 CORNER OF SECTION 18, AN ALUMINUM CAP, BEARS SOUTH 89 DEGREES 44'18" WEST A DISTANCE OF 2013.27 FEET; THENCE NORTH 00 DEGREE 15'42" WEST A DISTANCE OF 25.00 FEET TO A 5/8 INCH REBAR ON THE NORTH RIGHT-OF-WAY OF OVERLAND ROAD; THENCE NORTH 89 DEGREES 44'18" EAST A DISTANCE OF 180.99 FEET ALONG THE NORTH RIGHT-OF-WAY OF OVERLAND ROAD TO A 1 INCH IRON PIPE AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE NORTH RIGHT-OF-WAY OF OVERLAND ROAD NORTH 89 DEGREES 44'18 EAST A DISTANCE OF 181.87 FEET TO A 5./8 INCH REBAR; THENCE LEAVING SAID RIGHT-OF-WAY OF OVERLAND ROAD NORTH 00 DEGREE 31'11" EAST A DISTANCE OF 305.70 FEET TO A 5/8 INCH REBAR; THENCE NORTH 89 DEGREES 43'28" EAST A DISTANCE OF 104.17 FEET TO A 5/8 INCH REBAR; THENCE SOUTH 42 DEGREES 36'15" EAST A DISTANCE OF 27.23 FEET TO A 5/8 INCH REBAR; THENCE NORTH 89 DEGREES 4328" EAST A DISTANCE OF 125.52 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF LOCUST GROVE ROAD; THENCE NORTH 00 DEGREE 31'58" EAST A DISTANCE OF 60.29 FEET TO A 5/8 INCH REBAR ON THE SAID WEST RIGHT-OF-WAY OF LOCUST GROVE ROAD; THENCE LEAVING SAID WEST RIGHT-OF-WAY NORTH 89 DEGREES 28'30" WEST A DISTANCE OF 99.26 FEET TO A 5/8 INCH REBAR; THENCE NORTH 42 DEGREES 11'42" WEST A DISTANCE OF 166.40 FEET TO A 5/8 INCH REBAR; THENCE LEGAL CONTINUED FILE NO.: P178093 EXHIBIT A PARCEL I A PORTION OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP MARKING THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4 SOUTH 89 DEGREES 44'18" WEST A DISTANCE OF 635.75 FEET TO A POINT, FROM WHICH THE SOUTH 1/4 CORNER OF SECTION 18, AN ALUMINUM CAP, BEARS SOUTH 89 DEGREES 44'18" WEST A DISTANCE OF 2013.27 FEET; THENCE NORTH 00 DEGREE 15'42" WEST A DISTANCE OF 25.00 FEET TO A 5/8 INCH REBAR ON THE NORTH RIGHT=OF-WAY OF OVERLAND ROAD; THENCE NORTH 89 DEGREES 44'18" EAST.A DISTANCE OF 180.99 FEET ALONG THE NORTH RIGHT-OF-WAY OF OVERLAND ROAD TO A 1 INCH IRON PIPE; THENCE NORTH 26 DEGREES 46'14" WEST A DISTANCE OF 656.30 FEET TO A 1/2 INCH REBAR AND THE POINT OF BEGINNING; THENCE NORTH 45 DEGREES 32'53" WEST A DISTANCE OF 502.16 FEET TO A POINT; THENCE NORTH 89 DEGREES 37'04" EAST A DISTANCE OF 707.40 FEET TO A POINT; THENCE SOUTH 00 DEGREE 43'42" EAST A DISTANCE OF 208.08 FEET TO A 5/8 INCH REBAR; THENCE SOUTH 32 DEGREES 23'17" EAST A DISTANCE OF 178.00 FEET TO A 1/2 INCH REBAR; THENCE NORTH 89 DEGREES 4444" WEST A DISTANCE OF 446.92 FEET TO THE POINT OF BEGINNING. PARCEL II A PORTION OF THE, SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP MARKING THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4 SOUTH 89 DEGREES 44'18" WEST A DISTANCE OF 635.75 FEET TO A POINT, FROM WHICH _THE. SOUTH 1/4----- CORNER /4 CORNER OF SECTION 18, AN ALUMINUM CAP, BEARS SOUTH 89 DEGREES 44'18" WEST A DISTANCE OF 2013.27 FEET; THENCE NORTH 00 DEGREE 15'42" WEST A DISTANCE OF 25.00 FEET TO A 5/8 INCH REBAR ON THE NORTH RIGHT-OF-WAY OF OVERLAND ROAD; THENCE NORTH 89 DEGREES 44'18" EAST A DISTANCE OF 180.99 FEET ALONG THE NORTH RIGHT-OF-WAY OF OVERLAND ROAD TO A 1 INCH IRON PIPE AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE NORTH RIGHT-OF-WAY OF OVERLAND ROAD NORTH 89 DEGREES 44'18" EAST A DISTANCE OF 181.87 FEET TO A 5/8 INCH REBAR; THENCE LEAVING SAID RIGHT-OF-WAY OF OVERLAND ROAD NORTH 00 DEGREE 31'11" EAST A DISTANCE OF 305.70 FEET TO A 5/8 INCH REBAR; THENCE NORTH 89 DEGREES 43'28" EAST A DISTANCE OF 104.17 FEET TO A 5/8 INCH REBAR; THENCE SOUTH 42 DEGREES 36'15" EAST A DISTANCE OF 27.23 FEET TO A 5/8 INCH REBAR; THENCE NORTH 89 DEGREES ..4328" EAST'A DISTANCE 'OF 125.52 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF LOCUST GROVE ROAD; THENCE NORTH 00 DEGREE 31'58" EAST A DISTANCE OF 60.29 FEET TO A 5/,8 INCH REBAR ON THE SAID WEST RIGHT-OF-WAY OF LOCUST GROVE ROAD; THENCE LEAVING SAID WEST RIGHT-OF-WAY NORTH 89 DEGREES 28'30" WEST A DISTANCE OF 99.26 FEET TO A 5/8 INCH REBAR; THENCE , NORTH 42 DEGREES 11'42" WEST A DISTANCE OF 166.40 FEET TO A 5/8 INCH REBAR; THENCE LEGAL CONTINUED PAGE 2 NORTH 32 DEGREES 23'17" WEST.A DISTANCE OF 132.53 FEET TO'A 1/2 INCH REBAR; THENCE NORTH 89 DEGREES 44'44" WEST A DISTANCE OF 446.92 FEET TO A 1/2 INCH REBAR; THENCE SOUTH 26 DEGREES 26'46"14" EAST A DISTANCE OF 656.30 FEET TO THE POINT OF BEGINNING. PARCEL III A PORTION OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP MARKING THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4 SOUTH 89 DEGREES 44'18" WEST A DISTANCE OF 635.75 FEET TO A POINT, FROM WHICH THE SOUTH 1/4 CORNER OF SECTION 18, AN ALUMINUM CAP, BEARS SOUTH 89 DEGREES 44'18" WEST A DISTANCE OF 2013.27 FEET; THENCE NORTH 00 DEGREE 15'42" WEST A DISTANCE OF 25.00 FEET TO A 5/8 INCH REBAR-ON THE NORTH RIGHT-OF-WAY OF OVERLANY ROAD AND"THE POINT OF BEGINNING; THENCE NORTH 29 DEGREES 02'44" WEST A DISTANCE OF 610.98 FEET TO A 5/8 INCH REBAR; THENCE NORTH 68 DEGREES 2227" WEST A DISTANCE OF 410.39 FEET TO A 5/8 INCH REBAR; THENCE NORTH 38 DEGREES 20'21" WEST A DISTANCE OF 333.99 FEET TO A POINT; THENCE NORTH 89 DEGREES 59'55" EAST A DISTANCE OF 403.16 FEET TO A POINT; THENCE SOUTH 45 DEGREES 32'53" EAST A DISTANCE OF. 514.88 FEET TO A 1/2 INCH REBAR; THENCE SOUTH 26 DEGREES 46'14" EAST A DISTANCE OF 656.30 FEET TO A 1 INCH IRON PIPE;. THENCE SOUTH 89 DEGREES 44'18" WEST A DISTANCE OF 180.99 FEET TO THE POINT OF BEGINNING. END OF LEGAL DESCRIPTION !i' Z J l✓ 00 1 I I I t 1 l 1 1 1 7 1 1 t I I 1 1 II 1 , I 1 1 1 I , i 1 i I / I I 1 1 / I 1 I II 1 I ' - I _ I I N � 1 I 1 I I I I I i I I � OROtfiSl09ti Ay , I � -- I e alj 1 I � j I o � 1 ' I I 1 1 o , , I --------------- - G- - - -- - - -- - - - - - - _ - - _- - - I , i cr I 1 ' 1 I I I I I 1 I 1 1 1 i I I I I I - I I 1 1 I 1 I I I 1 1 1 I I I I 1 I 1 I I I 1 I I I e I _ e I I I I I I I 1 I II I i I I I I I � OROtfiSl09ti Ay , I � -- I e alj 1 I � j I o � 1 ' I I 1 1 o , , I --------------- - G- - - -- - - -- - - - - - - _ - - _- - - I , i cr I 1 ' 1 I I I I I 1 I 1 1 1 970618'26 ADA CC% 7EG0RDER J. DA' :'11) t1AVAi;R0 cci A Pioneer Company PIONEER TITLE t PIONEER TITLE COMPANY OF ADA COUNTY I nZAIG 1 PI i 8151 W. Rifleman Ave /Boise, Idaho 83704 / (208} 3� f E'� ' .:.�Eii$� SOf01' WARRANTY DEED (CORPORATE FORD ROBERTSON KENNELS, INC. ,acorporation organized and existing under the taws of the State of Idaho, with its principal office at 1495 S. LOCUST GROVE ROAD MERIDIAN, ID 83642 of County of Ada , State of Idaho, grantor, hereby CONVEYS or GRANTS and WARRANTS TO MAX SWINDELL and BLANCHE SWINDELL, Husband and Wife; and REX A. SWINDELL and PHYLLIS SWINDELL, Husband and Wife, c/o Stephen W. French, Attorney at Law grantee of 1109 Main Street, Suite 500, Boise, ID 83702 for the sum of TEN DOLLARS AND N0/100 DOLLARS, the following described tract(s) of land in ADA County, State of Idaho: SEE ATTACHED "EXHIBIT A", WHICH BY THIS REFERENCE BECOMES A PART HEREOF, AND WHICH IS COMPRISED OF TWO (2) PAGES. — Location of above described property S LOCUST GR nnc r sun DaT7CRt G House No. Street The officers who sign this deed hereby certify that this deed and the transfer represented thereby was duly authorized under a resolution duly adopted by the board of directors of the grantor at a lawful meeting duly held and attended by a quotum In witness whereof, the grantor has caused its corporate name and seal to be hereunto affixed by its duly authorized officers this 16' day of July , A.D. 1997 ROBERTSOW KENNELS. INC. ((CORPORATE NAME) By �RICHARD A. RUBERTSUN,R. PRESIDENT Attest. u SECRETARY STATE OF IDAHO _County of Ada , ss. 0n this 16 (%,{ .+a�• , in the year of 1997 , before me Diane Kellogg • ICE �'�. - , anotary public, per- sonally aplJOHNNIE ROBERTSON, known or id ft t AWq !*%erso% _who executed the instrument on behalf of said corporation, and acknowledged to me that s c ton exeetn'te=theaame. * t L pUBL1G *' Q�d'�S.h• 0 Notary Public: , '•.,7TH OF 19A.,`. Residing at: Boise D ,�r��•asassssssssss My Commission Expires: 03/25/03 Residing at Boise, ID P 03'91t2003 EXHIBIT A PARCEL II A PORTION OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4' OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 18, TOWNSHIP 3 NORTH, 'RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, THE REAL POINT OF BEGINNING; THENCE NORTH O DEGREES 31'~30" EAST,. 370.58 FEET ALONG THE EAST LINE OF SAID SECTION 18 TO A POINT; THENCE NORTH 89 DEGREES 41' 11" WEST; 124.26 FEET TO A STEEL PIN; THENCE NORTH 42 DEGREES 24' 23" WEST, 166.40 FEET TO A STEEL PIN; THENCE NORTH 32 DEGREES 35' 58" WEST, 310.52 FEET TO A STEEL PIN; THENCE NORTH 0 DEGREES 56' 23" WEST, 238.08 FEET TO A STEEL PIN ON THE SOUTH LINE OF THE NORTH 1%2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 18; THENCE SOUTH 89 DEGREES 37' 04' WEST, 913.58 FEET ALONG THE SOUTH LINE OF THE NORTH 1'/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 18 TO A STEEL PIN ON THE WESTLINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 18; THENCE' NORTH O DEGREES 08' 39" WEST, 82.80 FEET ALONG THE WEST LINE OF. THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 18 TO A PIN ON THE SOUTH RIGHT OF WAY LINE OF INTERSTATE HIGHWAY NO. 8ON; THENCE NORTH 89 DEGREES 34' 12' WEST, 288.23 FEET ALONG THE SOUTH RIGHT OF WAY OF INTERSTATE HIGHWAY 86N TO A STEEL PIN AT THE NINE MILE CREEK; THENCE SOUTH 38 DEGREES 20' 21" EAST, 467.46 FEET TO A -STEEL PIN; THENCE SOUTH 68 DEGREES 22' 27' EAST, 410.39 FEET TO A STEEL PIN; THENCE SOUTH 29 DEGREES 62' 44' EAST, 639.50 FEET TO A STEEL PIN ON THE SOUTH LINE OF SAID SECTION 18; THENCE NORTH 89 DEGREES 44' 18' EAST, 622.02 FEET ALONG THE SOUTH LINE OF SAID - SECTION18 TO A BRASS CAP MARKING THE SOUTHEAST CORNER OF SAID,SECTION 18, THE REAL POINT OF BEGINNING. EXCEPT BEGINNING AT THE SOUTHEAST CORNER OF SECTION 18," TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, THENCE, NORTH 370.58 FEET TO A POINT , THENCE NORTH 89 DEGREES 28' 30" WEST 124.26 FEET TO A POINT, THENCE NORTH 42 DEGREES 11' 42" WEST, 166.40 FEET TO A POINT, THENCE ---- -- - --- -- - ---- -- - -- - -- - NORTH 32 DEGREES 23' 17" WEST, 132.52 FEET TO THE REAL POINT OF BEGINNING, THENCE SOUTH 89 DEGREES 37' O4" WEST 450 FEET TO A POINT, THENCE NORTH 44 DEGREES 56' 56" WEST 516.04 FEET TO A POINT, THENCE SOUTH 89 DEGREES 59' 55" WEST 399.4 FEET TO A POINT, THENCE NORTH 38 DEGREES 20' 21" WEST 133.82 FEET TO A POINT, THENCE.. SOUTH 89 DEGREES 34' 12' EAST 288.23 FEET TO A POINT, THENCE SOUTH 0 DEGREES 08' 39' EAST 82.80 FEET TO A POINT, THENCE NORTH 89 DEGREES 37' 04' EAST 913.58 FEET TO A POINT, THENCE SOUTH 0 DEGREES 43' 42' EAST 238.08 FEET TO A POINT, THENCE SOUTH 32 DEGREES 23' 17' EAST '178.00 FEET TO THE REAL POINT OF BEGINNING. LEGAL CONTINUED FURTHER EXCEPT COMMENCING AT THE SOUTHEAST CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANCH 1 EAST,, BOISE MERIDIAN, ADA COUNTY, IDAHO, MARKED WITH A BRASS CAP, THE REAL POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 44' 18" WEST ALONG THE SOUTH LINE OF SAID SECTION 18, A DISTANCE OF 273.20 FEET TO A POINT ON THE CENTER LINE OF OVERLAND ROAD; THENCE NORTH 0 DEGREES 31' 30" EAST 330.58 FEET TO A STEEL PIN; THENCE NORTH 89 DEGREES 44' 18' EAST 104.20 FEET TO A STEEL PIN; THENCE SOUTH 42 DEGREES 11' 42"- EAST 27.22 FEET TO.A STEEL PIN; THENCE NORTH 89 DEGREES 44' 16" EAST 150.52 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 18, ALSO THE CENTER LINE OF LOCUST GROVE ROAD; THENCE SOUTH 0 DEGREES 31' 30' WEST, ALONG THE EAST LINE OF SAID SECTION 1B, 310.58 FEET BACK TO THE REAL POINT OF BEGINNING, A BRASS CAP AT THE INTERSECTION OF OVERLAND ROAD AND LOCUST GROVE ROAD. FURTHER EXCEPT BEGINNING AT THE SOUTHEAST CORNER SECTION 18, RANGE 1 EAST, TOWNSHIP 3 NORTH, BOISE MERIDIAN IN ADA COUNTY, THENCE SOUTH 89 DEGREES 44' 18" WEST 447.61 FEET TO THE REAL POINT OF BEGINNING: THENCE SOUTH 89 DEGREES 44' 18' WEST 174.41 FEET TO A -POINT, THENCE NORTH 29 DEGREES 02' 44' WEST 639.50 FEET TO A POINT, THENCE NORTH 68 DEGREES 22' 27' WEST 410.39 FEET TO A POINT, THENCE NORTH 38 DEGREES 20' 21' WEST 333.64 FEET TO A POINT, THENCE SOUTH 89 DEGREES 59' 55' EAST 399.40`FEET TO A POINT, THENCE SOUTH 44 DEGREES 56' 56' EAST 516.04 FEET TO A POINT, THENCE SOUTH 27 DEGREES 02' 48.' EAST 680.36 FEET TO THE REAL POINT OF BEGINNING. PARCEL III BEGINNING AT -THE SOUTHEAST CORNER SECTION 18, RANGE 1 EAST, TOWNSHIP 3 NORTH, BOISE MERIDIAN, IN ADA COUNTY; " THENCE SOUTH 89 DEGREES 44' 18" WEST, A DISTANCE OF 447.61 FEET TO THE REAL POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 44' 18' WEST., ,A DISTANCE OF 174.41 FEET TO A POINT; THENCE NORTH 29 DEGREES 02' 44" WEST, A DISTANCE OF 609.50 FEET TO A POINT; THENCE NORTH 68 DEGREES 22'.27" WEST, A DISTANCE OF 410.39 FEET TO A POINT; THENCE NORTH 38 DEGREES 20' 21' WEST, A DISTANCE OF 333.64 FEET TO A POINT; THENCE _ _. _ SOUTH 89 DEGREES 59' 55' EAST, A DISTANCE OF 399.40 FEET TO A POINT; THENCE SOUTH 44 DEGREES 56' 56" EAST, A DISTANCE OF 516.04 FEET TO A POINT; THENCE SOUTH 27 DEGREES 02' 48' EAST, A DISTANCE OF 680.36 FEET TO THE REAL POINT OF BEGINNING. AND EXCEPTING FROM ANY AND ALL OF THE ABOVE ANY PORTIONS THEREOF LYING WITHIN THE RIGHTS OF WAY FOR OVERLAND ROAD AND/OR LOCUST GROVE ROAD. END OF LEGAL DESCRIPTION i U11 ' s t� t 17c I HUB OF TREASURE VALLEY I Mayor A Gd Place to Live LEGAL DEPARTMENT Good ROBERT D. CORRIE (208) 884-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY a MERIDIAN, IDAHO 83642 (208) 887-221 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING ti DEPARTMENT KEITH BIRD (208) 884-5533 c TRANSMITTAL TO AGENCIESTOR 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: July 6, 1999 TRANSMITTAL DATE: June 7, 1999 HEARING DATE: July 13, 1999 FILE NUMBER: CUP -99-018 REQUEST: CONDITIONAL USE PERMIT FOR 300 UNITS OF MULTI -FAMILY RENTALS FOR ZONING R-15 BY: SUNDANCE L.L.C. LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD AND WEST OF LOCUST GROVE RD TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORN EY CITY ENGINEER CITY PLANNER U MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: . VVI vizi JJ lac. Y1 C[�.� YJJ Ui.y JOLJ J1L11V LA 111JL+VM LVLVD _� E06-1999 4:36PM FROM PSC/DEVELOPMENT 8013621912 JUN k 4 '1-4y 14:3.5 NK HUU- l 1. WUKlcS 1040el:i IL–j e l U 1V0136.51y12 CTTY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT RVl�J!VUJ �.+,IJ) P.»/02 MAY 2 7 1999 CITY OF MERIDIAN PL lNIN N"G & Z0INI N C- omm �P-�t�t-c►g NAME: s u nr o PHONE: q0 l 3f3 ADDRESS:! l 3 �o�- (�„, a Z . GENERAL LOCATx N , o L"'L / D DESCRIPIMN OF PROPOSED CONDITIONAL USE: ..34 ung 1 �7 Lig- t �►N, i y 4"rr?-z S ZONING CLASSIFICATION: " l� I certify that the b*rmation contakicd herein is tnic aid. amect. S*mure of Applicant Social S,,ity Nu 3 227 - S LEGAL NOnCE OF PUBLIC HEARING Pumiaa to esraNzbed procadluxle, NOTICE IS ABY GMN lh-1 the Nlwdm Pbmmng and Zoxjong Comrnj i- will bold a Public Hearing in the Meridian tS[y Hia d cm at ._._..lt1. CONDITIONAL USE PERNaT suwitted by the propmly ger aW dcsanbed as located at _ TO JUN 04 '99 15:55 Tlar purpose o;F the i%arin is to consider a for SUMMSION, BLOCK __, LOT ** TCTAL PAGE -02 435 649'5e25 PAGE.03 CONDITIONAL USE APPLICATION Sundance, L.L.C. 132 South 600 East Salt Lake City, UT 84102 ATTN: Mark B. Cohen (801) 363-2277 — phone (801) 363-1912 — fax 2. 1 st Parcel (Title #99080764) Locust Grove Properties, LLC 2nd Parcel (Title #99080765) Max & Blanche Swindell And Rex and Phyllis Swindell 3`d Parcel (Title #99080766) Idaho King Corporation 3. Legal Description - attached 91_ay3- 1;740 MAY 2 7 1999 CITY OIC NIERIDUN PLANNING & ZONINt 4. Notarized Consent of Property Owner — submitted under separate cover 5. Present Land Use: Currently the bulk of the land is vacant and unused. There are two residences and assorted garages and outbuildings associated with the houses as well as a large red barn. Along the highway frontage there is an area that has been filled and leveled and is used to store manufactured homes waiting to be sold and shipped. 6. Same as item 5 above. :.0 P mss -7. Proposed Land Use: We propose to build a 300 unit apartment home community that will be a mixed use of "affordable" and "market rate" apartments in a single owned community. The community will have a large clubhouse facility with pool and recreational amenities, tot lots, sport courts, picnic areas and covered parking. The individual apartment homes will be two and three bedroom and designed for family use. 8. Present Zoning: The present zoning of a majority of the property is RT. A small strip along the highway is zoned C -G. 9. As provided by Meridian City Planning & Zoning — see attached letter 10. Plan of the proposed site - attached 1 1. As provided by Meridian City Planning & Zoning — see attached letter p 12. Apartments are a required conditional use in. R-15 zone. The site has several physical limitations that affect its use. First, it densityas over reet s dential p Y of interstate highway frontage histqu restrict a low with the nine mile drain use. The shape of the property traversing diagonally across the western border and a large chunk taken out along the eastern border for an existing Y building These irregularities would -make a retail use undesirable. ces. There) is cutrrently light apartment community would be appropnidor industrial zoned vacant land along thhighway coWe think k th srn -rsitermakes areas for medium high density multi -family a good transition to the single family neighbors on the sout as an apartment community. 13. Check attached 14. Sundance, L.L.C.,-Applicant, hereby affirms that it understand, an additional sewer, water or trash fees acknowledges and agrees to pay Y as apartments or charges, if any, -associated with the use of the property or any other approved use. I Mark B. Cohen, -'having been duly authorized to on d the entire lf of Sundance, L.L.C., Applicant, licant, hereby verify that I have contents of this application and I verify that the information contained therein is true and correct. r° f Mark B. Cohe 16. Signed Affidavit of Posting Notice - attached 0 9 0 � f 0 9 0 It i1(, r U I Y U `� 1 J J J l U •Y J STATE OF IDAHO ) ss COUNTY OF ADA ) Lrll ,I Y I I I --1 I lel\ I I 1\-,- I I 1 AFFIDAVIT OF LEGAL INTEREST G- -- U I l I . UG J N j 4' t - ? "MAN I Stephen W French managing member of Locust Grove Properties, LLC, 2995 N. Cole (Namc) Road, Suite 255, Boise, Idaho, being first duly sworn upon oath, depose and say: 1. That Locust Grove Properties, LLC is the record owner of the property described on the attached, and does grant its permission to Alta Development, Inc., 10309 S. 1980 Fast, Sandy, Utah 84092 to submit the accompanying application for a conditional use change pertaining to that property. 2. That Locust Grove Properties, LLC agree to indemnify, defend and hold The City of Meridian and it's employees harmless form any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property JJwhich is the subject of the application. Dated this 2 Ca day of V v ` , 1999. Loc Gro operties, LLC by Stepy!i--�. rench, as managing member SUBSCRIBED AND SWORN to before me the day and year first above written. 4A- 01;bt ,•"y M• cop ary Public for Idaho 0 emo.000%��`e, iding at o= I A, o _ My Commission Expires: 7.0. -7—o c; OF JUN 04 '99 10:49 TOTAL P.02 Zoe 3e4 0710 PAGE.02 OT �c�oyZ 163o� ft &(j 3 V �s OT )3Z666 �z J l �U u � ---D vfc�2,9(«< C0idMIT,M.EN. T Fie Number: P133529 D.R TI TLE INS,URA SCHEDULE C The tanii referred to in this Commitment Is described as follows: t 17sI _00635 PARCEL IBOISE `.BEGINNING AT THE SOUTHEAST CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1. EAST, BOISE MERIDIAN, ADA COUNTY; IDAHO; THENCE NORTH 370.58 FEET TO A POINT; THENCE NORTH 89 DEGREES 28'30'>WEST 124.26 FEET TO A POINT; THENCE NORTH 42 DEGREES 11'42' WEST 166.40 FEET TO A POINT; "THENCE NORTH 32 DEGREES 23'17" WEST 132.52 FEET TO THE REAL POINT OF BEGINNING; °THENCE SOUTH 89 DEGREES 37"04' WEST 450.00 FEET TO A POINT: THENCE NORTH 44 DEGREES 56'56' WEST 516.04 FEET TOA POINT; THENCE SOUTH 89 DEGREES 59'55" WEST 399.4 FEET TO A POINT; THENCE NORTH 38 DEGREES 20'2:' WEST 133.82FEET TO A POINT; THENCE SOUTH 89 DEGREES 34'12" EAST 288.23 FEET TO A POINT; THENCE SOUTH 0 DEGREE 08'39" EAST 82.80 FEET TO A POINT: THENCE NORTH 89 DEGREES 37'04`EAST 913.58 FEET TO A POINT; TINENCE SOUTH 0 DEGREE 43'42' EAST 238.08 FEET TO A POINT; THENCE SOUTH 32 DEGREES 23'17" EAST 178.00 FEET TO THE REAL POINT OF BEGINNING -EXCEPTING THEREFROM: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; THENCE NORTH 370.58 FEET TO A POINT; THENCE NORTH 89 DEGREES 28'30" WEST 124.26 FEET TO A POINT; THENCE NORTH 42 DEGREES 11'427 WEST 166.40 FEET TO A POINT; THENCE NORTH 32 DEGREES 23'17 WEST 132.52 FEET TO THE REAL POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 37'04` WEST 450.00 FEET TO A POINT; THENCE NORTH 44 DEGREES 56'56' WEST 546.04 FEET TO A POINT; THENCE NORTH 89 DEGREES 37'04' EAST 737.39 FEET TO A POINT: THENCE SOUTH 0 DEGREE 43'47 EAST 238.08 FEET TO A POINT; THENCE SOUTH 32 DEGREES 23'17" EAST 178.00 FEET TO THE REAL POINT OF BEGINNING EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY AS A PORTION OF IT EXISTS IN THE ABOVE DESCRIBED FARGEL 1; A TRAOT OF 6'NO OIMUIRD IN T141= FOUTS S f2 OF THE NORTi l 1 f Z 4F THE 9OUTNEAST 114 OF THE SOUTHEAST 1114 OF SECTION 18, TOWN51"F 3 NORTH, t1Af40E 1 WT, BOISE MgftlDIAN. ADA COUNTY, IDAHO. DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND BRASS CAF MONUMENTIPIG THE SOUTH 1/4 CORNER OF SAID SECTION 18, THENCE ALONG THE SOUTHERLY LINE OF SAID SECTION 18 NORTH 89 DEGREES 44'18' EAST A DISTANCE OF 2649 26 FEET TO A FOUND BRASS CAP MONUMENTING THE SOUTHEAST CORNER OF SAID SECTION 18, THENCE LEAVING SAID SOUTHERLY LINE ALONG THE EASTERLY LINA OF SAID SECTION /8 NORTH 00 DEGREE 31'30' EAST A DISTANCE OF 996.99 FEET TO A FOUND NAIL, THENCE LEAVING SAID EASTERLY UNE ALONG THE NORTHERLY LINE OF SAID SOUTH 1/2 OF THE NORTH 1/2 OF THE WEST A DISTANCE OF 1 tA3 FEET TO A FOUND STET 1/4 OF THE EL PIN, SAID PIN BEING THST 1/4 OF SECTION 18 E POINT OF UTH 89 DEGREES 43'45' BEGINNING. CONTINUED P733529 THENCE LEAVING SAID NORTHERLY LINE INO TH 88 DEGREES 5113 --WEST ADISTANCE OF SAID SOUTHEAST 1 /4 OF THE SOUTHEAOST 1 /4 OFE� TO A SET STEEL PIN ON THE WESTERLY SECTION 18, FLETTO017.1 2.67 THENCE ALONG SAID WESTERLY LINE NORTH 00 29'49* FAST.AUMENTING THE NORTHWESDT EGREE CORNER OF THE SAID!SOUTH 1/2 OF�THE NOR H A SET STEEL PIN MON 1/2 OF THE SOUTHEAST 1 /4 OF THE SOUTHEAST 1/4 OF SECTION 18. THENCE LEAVING SAID WESTERLY NE ALONG THE 4 OF THE SOUTHETHERLY LINE OF THE AST /4 OF SECTIONSB'NORTH. 89 1/2 THE NORTH 1/2 OF THE SOUTHEAST / 39'12" EAST A DISTANCE OF 914.10 FEET TO THE REAL POINT OF BEGINNING. PARCE 1 THE NORTH HALF OF THENORTH NORTH RANGE E SO EAST, BOISE MERIDIAN,„OADA OUNTY DAHO LYING R OF SECTION 18, TOWNSHIP SOUTH OF THE RIGHT OF WAY BOUNDARY OF INTERSTATE 80 NORTH, PROJECT NO. 1-800P9)"45 HIGHWAY SURVEY. ' EXCEPTING THEREFROM ANY PORTION LYING WITH THE RIGHT OF WAY OF LOCUST GROVE ROAD. PARCEL III THE NORTHERLY 30 FEET OF THE FOLLOWING DESCRIBED LAND; ORTH, RANGE 1 EAST, BEGINNING AT THE SOUTHEAST CORNER OF SECTION 18. TOWNSHIP 3 NBOISE MERIDIAN, ADA COUN."Y, IDAHO: THENCE NORTH 370.58 FEET TO A POINT; . THENCE NORTH 89 DEGREES 28'30" WEST 124.26 FEET TO A POINT: THENCE NORTH 42 DEGREES 11'42" WEST 166.40 FEET TO A POINT: T14ENCE NORTH 32 DEGREES 23'17' WEST 132.53 FEET TO THE REAL POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 37'04` WEST 450.00 FEET TO A POINT: THENCE NORTH 44 DEGREES 56'56' WEST 546.04 FEET TO A POINT; THENCE NORTH 89 DEGREES 37'04' EAST 737.39 FEET TO A POINT; THENCE SOUTH 0 DEGREE 43'42' EAST 238.08 FEET TO A POINT; THENCE SOUTH 32 DFGREES 23'17' EAST 178.00 FEET TO THE REAL POIN f OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY AS A PORTION OF IT EXISTS IN THE ABOVE DESCRIBED PARCEL III; _ A TRACTS I AND F SECTION 18 TOWNSHIP 3 NORTH, RANGE 1HE . SOUTH 1/2 OF THE NORTH 1/2 1 OF THE SOUTHEAST 1/4 EAST BOISE MERIDIAN, DAOF THE COUNTY, SOUTHEAST 1 /4 OF SEC IDAHO, DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND BRASS CAP MONUMENTING THE SOUTH 1/4 CORNER OF SAID SECTIO 1 ;THENCE ALONG THE SOUTHERLY BRAS UNE OF SAID SECTION 18 NORTH 89 DEGREES 44'18' EAST A BRASS CAP MONUMENTING THE SOUTHEAST CORNER OF DISTANCE OF 2649.26 FEET TO A FOUND 'SAID SECTION 18, D SOUTHERLY LINE ALONG THE EASTERLY LINE OF SAID SECTION t8 NORTH 00 THENCE LEAbING SAI DEGREE 31'30" EAST DISTANCE OF 996.99 FEET TO A FOUND NAIL, THENCE LD SOUTH 1/2 OF THE ONG OF THE SOUTHEAST 1 /4 OF THEN OUTHEAOST t % OF SECTIONTHERLY LINE OFS 8I SOUTH 89 DEGREES 43'45' NORTH t WEST A DISTANCE OF 4 11.03 FEET TO A FOUND STEEL PIN, SAID PIPJ BEING THE POINT O BEGINNING. OF 914.38 ET THENCE T LEA.-tNG 3AID NRTHERLY LINE SOTH 88 DEGREES 5 1'33* WEST A DISTANCE STEEL PIN ON TOHE WESTERLY L INEtOF SAID SOUTHEAST 1 /4 OF THE SOUTHEAST t /4 OF TO A SE E SECTION 18. THENCEALONG PW MONUMENTUJG THE NORTHWEST CORNER 'OF THE SAID iSOUTH 1/2 OF THE NORTH ASET STEEL 1;!2 OF THE SOUTHEAST t /4 OF THE SOUTHEAST 1/4 OF SECTION 18, ONG THE THENC NO RTH t /2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST S /4 OF SECTION tALY LINE OF THE iNORTH 89 DEGREES THE 39' 12` EAST A DISTANCE OF 914.10 FEET TO THE REAL POINT OF gEGINNIN 3. CONTINUED P133529 PARCEL IV 1'7�:1UUU�3'� A TRACT OF LAND SITUATED IN THE SOUTH 112 OF THE NORTH 1/2 OF THE SOUTHEAST 114 OF THE SOUTHEAST 1%4 OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND BRASS CAP MONUMENTING THE SOUTH 1/4 CORNER OF SAID SECTION 18. THENCE ALONG THE SOUTHERLY LINE OF SAID SECTION 18 NORTH 89 DEGREES 44'18" EAST A DISTANCE OF 2649.26 FEET TO A FOUND BRASS CAP MONUMENTING THE SOUTHEAST CORNER OF SAID SECTION 18, THENCE LEAVING SAID.SOUTHERLY LINE ALONG THE EASTERLY LINE OF SAID SECTION 18 NORTH 00 DEGREE 31'30' EAST A DISTANCE OF 996.99 FEET TO A FOUND NAIL, THENCE LEAVING SAID EASTERLY LINE ALONG THE NORTHERLY LINE OF SAID SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 18 SOUTH e9 DEGREES 43'45" WEST A DISTANCE OF 411.03 FEET TO A FOUND STEEL PIN, SAID PIN BEING THE POINT OF BEGINNING. THENCE LEAVING SAID NORTHERLY LINE SOUTH 88 DEGREES 51'33" WEST A DISTANCE OF 914.38 FEET TO A SET STEEL PIN ON THE WESTERLY LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 18, THENCE ALONG SAID WESTERLY LINE NORTH 00 DEGREE 29'49' EAST A DISTANCE OF 12.67 FEET TO A SET STEEL PIN MONUMENTING THE NORTHWEST CORNER OF THE SAID SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 18, THENCE LEAVING SAID WESTERLY LINE ALONG THE NORTHERLY LINE OF THE SAID SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 18 NORTH 89 DEGREES 39'12' EAST A DISTANCE OF 914.10 FEET TO THE REAL POINT OF BEGINNING. END OF LEGAL DESCRIPTION t a 97061826 ADA C�-. FECCRDER J. DAVID NAIVAP.RO APioneer Co"y I S0iSE D PIONEER TITL LV t PIONEER TITLE COMPANY n OF ADA COUNTY ' n7.. f3�1G 1 PA 8151 W. Rifleman Ave / Boise, Idaho 83704 / (208) 377- 700 FE-.. HEt064 .., i£15� SOfOf -- 1571 9a, N p_ iY1s ate] WARRANTY DEED (CORPORATE FORM) ROBERTSON KENNELS, INC. ,acorporation organized and existing under the laws of the State of Idaho, with its principal office at 1495 S. LOCUST GROVE ROAD MERIDIAN, ID 83642 of County of Ada ,State of Idaho, grantor, hereby CONVEYS or GRANTS and WARRANTS TO MAX SWINDELL and BLANCHE SWINDELL, Husband and Wife; and REX A. SWINDELL and PHYLLIS SWINDELL, Husband and Wife, c/o Stephen W. French, Attorney at Law grantee of 1109 Main Street, Suite 500, Boise, ID 83702 for the sum of TEN DOLLARS AND N0/100 DOLLARS, the following described tract(s) of land in ADA County, State of Idaho: SEE ATTACHED "EXHIBIT A", WHICH BY THIS REFERENCE BECOMES A PART HEREOF, AND WHICH IS COMPRISED OF TWO (2) PAGES. Location of above described property c r mics• r_onvc r elan PARrET S House No. Strut The officers who sign this deed hereby certify that this deed and the transfer represented thereby was duly authorized under a resolution duly adopted by the board of directors of the grantor at a lawful meeting duly held and attended by a quote- . . . In witness whereof, the grantor has caused its corporate name and seal to be hereunto affixed by its duly authorized officers this 16 day of July , A.D. 1997 ROBERTSON KENNELS. INC. ((CORPORATE NAME) l�ml. By R C A. OB TSON, SK. PRESIDENT Attest: L SECRETARY STATE OF IDAHO , County of Ada , ss. On this 16 da 0folss6edY , m the year of 1997 , before me Diane Kellogg: KE1.1I _U anotary public, per- sonally appeal IE ROBERTSON, known or id fitp,§eerso�� _who executed the instrument on behalf of said corporation, and acknowledged to me that on exe utrA theaame. �4,`l'�•S•."� .r r% .•�� Notary Public: �•. �1 ��~" !� �� Residing at: Boise D 0P*100% My Commission Expires: 03/25/03 Resldrnj at Boise, 1D EXHIBIT A PARCEL II A PORTION OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, THE REAL POINT OF BEGINNING; THENCE NORTH 0 DEGREES 31' 30' EAST, 370.58 FEET ALONG THE EAST LINE OF.SAID SECTION 18 TO A POINT; THENCE NORTH 89 DEGREES 41' 11' WEST; 124.26 FEET TO A STEEL PIN; THENCE NORTH 42 DEGREES 24' 23' WEST, 166.40 FEET TO A STEEL PIN; THENCE NORTH 32 DEGREES 35' 58' WEST, 310.52 FEET TO A STEEL PIN; THENCE NORTH 0 DEGREES 56' 23' WEST, 238.08 FEET TO A STEEL PIN ON THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 18; THENCE SOUTH 89 DEGREES 37' 04' WEST, 913.58 FEET ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 18 TO A STEEL PIN ON THE WESTLINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 18; THENCE NORTH 0 DEGREES 08' 39' WEST, 82.80 FEET ALONG THE WEST LINE OF.THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 18 TO A PIN ON THE SOUTH RIGHT OF WAY LINE OF INTERSTATE HIGHWAY NO. SON; THENCE NORTH 89 DEGREES 34' 12' WEST, 288.23 FEET ALONG THE SOUTH RIGHT OF WAY OF INTERSTATE HIGHWAY SON TO A STEEL PIN AT THE NINE MILE CREEK; THENCE SOUTH 38 DEGREES 20' 21' EAST, 467.46 FEET TO A STEEL PIN; THENCE SOUTH 68 DEGREES 22' 27' EAST, 410.39 FEET TO A STEEL PIN; THENCE SOUTH 29 DEGREES 62' 44' EAST, 639.50 FEET TO A STEEL PIN ON THE SOUTH LINE OF SAID SECTION 18; THENCE NORTH 89 DEGREES 44' 18' EAST, 622.02 FEET ALONG THE SOUTH LINE OF SAID - SECTION 18 TO A BRASS CAP MARKING THE SOUTHEAST CORNER OF SAID SECTION 18, THE REAL POINT OF BEGINNING. EXCEPT. BEGINNING AT THE SOUTHEAST CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, THENCE NORTH 370.58 FEET TO A POINT , THENCE NORTH 89 DEGREES 28' 30' WEST 124.26 FEET TO A POINT, THENCE NORTH 42 DEGREES 11-' 42' WEST, 166.40 FEET TO A POINT, THENCE - - -- - -- ---------- - --- -- -- - NORTH 32 DEGREES 23' 17' WEST, 132.52 FEET TO THE REAL POINT OF BEGINNING, THENCE SOUTH 89 DEGREES 37' 04' WEST 450 FEET TO A POINT, THENCE NORTH 44 DEGREES 56' 56' WEST 516.04 FEET TO A POINT, THENCE SOUTH 89 DEGREES 59' 55' WEST.399.4 FEET TO A POINT, THENCE NORTH 38 DEGREES 20' 21' WEST 133.82 FEET TO A POINT, THENCE SOUTH 89 DEGREES 34' 12' EAST 288.23 FEET TO A POINT, THENCE SOUTH 0 DEGREES 08' 39' EAST 82.80 FEET TO A POINT,_THENCE NORTH 89 DEGREES 37' 04' EAST 913.58 FEET TO A POINT, THENCE SOUTH 0 DEGREES 43' 42' EAST 238.08 FEET TO A POINT, THENCE SOUTH 32 DEGREES 23' 17' EAST 178.00 FEET TO THE REAL POINT OF BEGINNING. LEGAL CONTINUED FURTHER EXCEPT COMMENCING AT THE SOUTHEAST CORNER OF SECTION 181 TOWNSHIP 3 NORTH, RANCH 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MARKED WITH A BRASS CAP, THE REAL POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 44' 18' WEST ALONG THE SOUTH LINE OF SAID SECTION 18, A DISTANCE OF 273.20 FEET TO A POINT ON THE CENTER LINE OF OVERLAND ROAD; THENCE NORTH 0 DEGREES 31' 30' EAST 330.58 FEET TO A STEEL PIN; THENCE NORTH 89 DEGREES 44' 18' EAST 104.20 FEET TO A STEEL PIN; THENCE SOUTH 42 DEGREES 11' 42 EAST 27.22 FEET TO.A STEEL PIN; THENCE NORTH 89 DEGREES 44' 18" EAST 150.52 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 18, ALSO THE CENTER LINE OF LOCUST GROVE ROAD; THENCE SOUTH 0 DEGREES 31' 30' WEST, ALONG THE EAST LINE OF SAID SECTION 18, 310.58 FEET BACK TO THE REAL POINT OF BEGINNING, A BRASS CAP AT THE INTERSECTION OF OVERLAND ROAD AND LOCUST GROVE ROAD. FURTHER EXCEPT BEGINNING AT THE SOUTHEAST CORNER SECTION 18, RANGE 1 EAST, TOWNSHIP 3 NORTH, BOISE MERIDIAN IN ADA COUNTY, THENCE SOUTH 89 DEGREES 44' 18" WEST 447.61 FEET TO THE REAL POINT OF'BEGINNING: THENCE SOUTH 89 DEGREES 44' 18" WEST 174.41 FEET TO A POINT, THENCE NORTH 29 DEGREES 02' 44' WEST 639.50 FEET TO A POINT, THENCE NORTH 68 DEGREES 22' 27" WEST 410.39 FEET TO A POINT, THENCE NORTH 38 DEGREES 20' 21" WEST 333.64 FEET TO A POINT, THENCE SOUTH 89 DEGREES 59' S5' EAST 399.40 FEET TO A POINT, THENCE SOUTH 44 DEGREES 56' 56" EAST 516.04 FEET TO A POINT, THENCE SOUTH,27 DEGREES 02' 48." EAST 680.36 FEET TO THE REAL POINT OF BEGINNING. PARCEL III BEGINNING AT -THE SOUTHEAST CORNER SECTION 18, RANGE 1 EAST, TOWNSHIP 3 NORTH, BOISE MERIDIAN, IN ADA COUNTY; THENCE SOUTH 89 DEGREES 44' 18' WEST, A DISTANCE OF 447.61 FEET TO THE REAL POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 44' 18' WEST., -A DISTANCE OF 174.41 FEET TO A POINT; THENCE NORTH 29 DEGREES 02' 44' WEST, A DISTANCE OF 609.50 FEET TO A POINT; THENCE NORTH 68 DEGREES 22'.27" WEST, A DISTANCE OF 410.39 FEET TO A POINT; THENCE NORTH 38 DEGREES 20' 21' WEST, A DISTANCE OF 333.64 FEET TO A POINT; THENCE SOUTH 89 DEGREES 59'.55' EAST, A DISTANCE OF 399.40 FEET TO A POINT; THENCE SOUTH 44 DEGREES 56' 56' EAST, A DISTANCE OF 516.04 FEET TO A POINT; THENCE SOUTH 27 DEGREES 02' 48' EAST, A DISTANCE OF 680.36 FEET TO THE REAL POINT OF BEGINNING. AND EXCEPTING FROM ANY AND ALL OF THE ABOVE ANY PORTIONS THEREOF LYING WITHIN THE RIGHTS OF WAY FOR OVERLAND ROAD AND/OR LOCUST GROVE ROAD. END OF LEGAL DESCRIPTION � to -Commitment-To; Insure ALTA'. Commitment =-1910 Re"v.' L baust C_k_01,W_Tr0V 1 T �t$0(ku, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company, * for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in * Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or 'Jk interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor, all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure of the proposed Insured to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the, Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the.date shown in Schedule A, to be valid when countersigned by a validating officer or other authorized signatory. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 (612) 371-1111 By .r ,„ President Authorize Signatory Attest , . � Secretary ORT Form 2526 File No. P178094 COMMITMENT FOR TITLE INSURANCE PIONEER TITLE COMPANY OF ADA COUNTY (208) 373-3700 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SCHEDULE A SECOND AMENDED REPORT 1. Effective Date: May 17, 1999 at 7:30 A.M PIONEER TITLE COMPANY OF ADA COUNTY r 821 W. STATE ST. BOISE, ID 83702 ATTN: JANET BLOSCH Ph: 208-373-3750 Fx: 208-384-9936 Copies to: ALTA DEVELOPMENT, INC. 10309 SOUTH 1980 EAST SANDY, UT 84092 Attn: S. MICHAEL HAWS COLLIERS INTERNATIONAL 475 S. CAPITOL BLVD., BOISE, ID 83702 Attn: JERY VAN ENGEN Ph: 208-345-9000 Fx: 208-343-3124 PINNACLE ENGINEERS, INC. 870 N. LINDER, STE. B MERIDIAN, ID 83642 Attn: CRAIG R. McCULLOUGH Escrow Inquiries should be directed to: JANET BLOSCH SR. ESCROW OFFICER (373-3750) 821 W. STATE ST. BOISE, ID 83702 2. Policy or Policies to'be issued: (A) Owner's Extended Coverage STEPHEN W. FRENCH, ATTORNEY AT LAW 1109 MAIN STREET, SUITE -500 BOISE, ID 83702 Fx: DANNY M. CAFFERTY REALTY 410 S. ORCHARD, SUITE 176 BOISE, ID 83705 Attn: DANNY M. CAFFERTY Ph: 208-344-1980 Fx:-208-384-0710 Title Inquiries_ should_ be directed to: HAROLD E. HUSTON VICE PRESIDENT (PHONE 373-3679) 8151 W. RIFLEMAN BOISE, ID 83704 Amount Premium $200,000.00 $1,282.50 Proposed Insured: ALTA DEVELOPMENT, INC., A UTAH CORPORATION 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: LOCUST GROVE PROPERTIES, LLC 5. The land referred to in this Commitment is described as follows: SEE SCHEDULE C k File Number: P178094 SCHEDULE C The land referred to in this Commitment is described as follows: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MARKED BY A BRASS CAP, THE REAL POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 44'18" WEST ALONG THE SOUTH LINE OF SAID SECTION 18, A DISTANCEAF 273.20 FEET TO A POINT ON THE CENTERLINE OF OVERLAND ROAD; THENCE NORTH 0 DEGREE 31'30" EAST 330.58 FEET TO A STEEL PIN; THENCE NORTH 89 DEGREES 44'18" EAST 104.20 FEET TO A'STEEL PIN; THENCE SOUTH 42 DEGREES 11'42" EAST 27.22 FEET TO A STEEL PIN; THENCE NORTH 89 DEGREES 44'18" EAST 150.52 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 18, ALSO THE CENTERLINE OF LOCUST GROVE ROAD; THENCE SOUTH 0 DEGREE 31'30" WEST ALONG'THE EAST LINE OF SAID SECTION 18, 310.58 FEET BACK TO THE REAL POINT OF, BEGINNING. EXCEPT ANY PORTION LYING WITHIN THE RIGHTS OF WAY OF OVERLAND ROAD AND LOCUST GROVE ROAD. END OF LEGAL DESCRIPTION 'FILE NO.: P178094 EXHIBIT A COMMENCING AT THE SOUTHEAST CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA-COUNTY, IDAHO, MARKED BY A BRASS CAP, THE REAL POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 44'`18" WEST ALONG THE SOUTH LINE OF SAID SECTION 18, A DISTANCE OF 273.20 FEET TO A POINT ON THE CENTERLINE OF OVERLAND ROAD; THENCE NORTH 0 DEGREE 31'30", EAST 330.58 FEET TO A STEEL PIN; THENCE NORTH 89 DEGREES 44'18" EAST 104.20 FEET TO A STEEL PIN; THENCE SOUTH 42 DEGREES 11'42" EAST 27.22 FEET TO A STEEL PIN; THENCE NORTH 89 DEGREES 44'18" EAST 150.52 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 18, ALSO THE CENTERLINE OF LOCUST GROVE ROAD; THENCE SOUTH 0 DEGREE 31'30" WEST ALONG THE EAST LINE OF SAID SECTION 18, 310.58 FEET BACK TO THE REAL POINT OF BEGINNING. EXCEPT ANY PORTION LYING WITHIN THE RIGHTS OF WAY OF OVERLAND ROAD AND LOCUST GROVE ROAD. END OF LEGAL DESCRIPTION 1 �I 1 I 1 I 1 I I , I I 1 1 1 I , I I I I r 1 1 I 1 1 I 1 1 I i I 1 i 1 I I I ' � 91t919S L9iM i I I e I 1 e ell 1 I 1I eu II =� 1 e I I 1 i I 1 I _ 1 , I 1 I I I c 1 li 11 r ______------------------- ______ I 1 II I II , I Ij fi. I 1 1 I 1 C , 1 _ I 1 i I 1 I 1 , 1 1 1 1 1 I I 1 ..I I I 1 I 1 I I � I I I I I 1 I 1 1 1 I 1 ' 1 1 1 I 1 j I 1 i f 1 I i t I I 1 1 I , 1 1 I I I I e I e i I 1 , I I , I I 1 1 I 1 1 I I I 1 I 1 , 1 I I ' 1 1 1 1 , 1 1 1 1 1 I I I I 1 I 1 "1 1 1 I I 1 1 1 1 1 , i I 1 I I I 1 I I i I I I I I I 1 1 , 1 1 I I 1 1 I I 1 i 1 1 I I I i I 1 1 1 I I I i 1 I 1 I 1 1 1 I 1 1 I 1 1 1 ' 1 1 i i I i 1 r 1 1 I i I 1 i I I 1 1 1 1 I I 1 1 I 1 1 1 I 1 I 6 i I I 1 I I 1 i I 1 , I 1. I 1 I I 97054996 DA.'I� ii :1'Ai:R0 ATF -96064997 -BP B M S LE ID ALLIANCE TITLE 97 JUL 11 P)QUEST 2 16 CORRECTION TRUSTEE*S DEED FEE��uE RECQri3�:1::: �;:= F CHARLES C. JUST, `ESQ., Attorney at -Law, herein called Successor Trustee under the Deed of Trust hereinafter particularly de ib d, does hereby bargain, sel nd convey, without warranty to Locust Grove Properties, LLC whose business address is 1109 Maireet Suite 500, Boise, a o, 83702, all of the"real property situated in the County of Ada, State of Idaho, described as follows, to -wit: Legal description attached as Exhibit A, and incorpdrated by reference hereto. This conveyance is made pursuant to the powers conferred upon the'Successor Trustee by the Deed of Trust, between Curtis M. Gossage and Tonya G. Gossage, husband and wife, as Grantors, Charles C. Just, Esq., as Successor Trustee, and TMS -Mortgage, Inc. d/b/a The Money Store, as Beneficiary. Said Deed of Trust was recorded January 10, 1996, as. Instrument No. 96002818, records of Ada County, Idaho, and after the fulfillment of the conditions specified in said Deed of Trust authorizing the. conveyance as follows: (a) Default occurred in the obligations for which such Deed of Trust was given as security and the Beneficiary made demand upon the Successor Trustee to sell said property pursuant.'to the terms of said Deed of Trust. The Notice of Default was recorded as Instrument No. 97001003, records of Ada County, Idaho, the nature of such default being set forth in said Notice of Default. Such default still existed at the time of sale. (b) After recordation of said Notice of Default, Successor Trustee gave notice of the time and place of the sale of said property by registered or certified mail, by personal service upon the occupants of said real property, by posting in a conspicuous place on said premises and by publishing in a, newspaper of general circulation in the county in which the property is situated as more fully appears in affidavits recorded at least 20 days prior to the date of sale as Instrument Nos. 97027846, 97027847, and 97027848, records of Ada County, Idaho. (c) The provisions, recitals and contents of the notice of Default referred to in paragraph (a) and of the Affidavits referred to in paragraph (b) shall be and they are hereby incorporated -herein and made an integral part hereof for all purposes. as though.set forth herein at length. (d) All requirements of law regarding service, posting, publication and recording and Notice of Sale and of all other notices with. the mailing,.personal of Notice of Default 3 have been complied ;Ilk 21 1 � l (e) Not less than 120 days elapsed between the giving of notice of sale by registered or certified mail and the sale of said property. (f) Successor Trustee, at the time and place of sale fixed by said notice, at public auction, in one parcel, and Locust Grove Properties, LLC, being the highest bidder of the property herein described for the sum of $110,001.00, subject however to all prior liens and encumbrances. No person or corporation offered to take any part of`said property less than the sole thereof for the amount of principal, interest, advances, and costs. IN WITNESS WHEREOF the Successor Trustee C les C. ust Esq. has caused his name tombe hereunto subecr}11 his 8 days of July, 1997. f 3rUSTy r ssor Trus STATE OF IDAHO ) County of Bonneville ) On this 8th day of July, 1997, before me the undersigned, a Notary Public in and for the State of Idaho, personally appeared Charles C''; -Just, Esq., known to me to be the person whose name is Z_ subsoribed to the foregoing instrument and acknowledged to me that.• h o"'Oecuted the same. "\IN WITNESS WHEREOF, I have hereunto set°my hand the day and year first above written. +'• c. '-4,4AL NOTARY PUBLIC F R IDAHO ri tr Residing at Idaho Falls, Commission expires: -COQ i COMMENCING at the Southeast corner of Section 18, Township 3 North, ,Range 1 East, Boise Meridian, .Ada County, Idaho, - marked by a brass cap, the REAL POINT OF BEG SouthINNING; thence . e9 degrees West along the South line of said Section 18, a distance of 273.20 feet to a point on the centerline of Overland Road;*thence North Q degrees 31130" East 330.58 feet to a steel pin; thence North 89 degrees 44118" East 104.20 feet to a steel pin; thence South 42 degrees 11142u'East"27,22 feet to a steel pin; thence North 89 degxees 44,18• East 150.52 feet to a point on the East line of said Section 18, also the centerline of Locust Grave Road; thence South 0 degrees'31130" West along the East line of said Section 18, a distance of 310.58 feet to the REAL POINT OF BEGINNING. EXCEPT right of way for Overland 'Road and Locust Grove Road. -ADA C;'- P},tCyO�RGEER' CC2CENTRAL 8. D � u D "�' 7"7 1 9=716DEPARTMENT DISTRICT SOIHEALTH AD�A� 'RECORDEP. _ �� N0. - ce cd FILM` f GCdrnwws ttheehe.&Irk ad goaM ojn.vew.t vR..a.c S .DAPI: 44. August 28, 1996 "96 OCT 7 flil 10 27 eyii dldAG- FEE0E; RECORDE AT NE RE VEST OF David Navarro :. Ada County Recorder ` X650'.Main Street —Boise, -.Idaho. 83702 ;.r 4i Re :1545 S. Locust,. Grove,` Meridian, Idaho :SEm SES Section 18 T3N_Rig, Ada County .Parcel's S1118449300 Dear Mr.- Navarro. Central District.: Health "is -requesting-.thatthis document be recorded_in the,:county_records- The subsurface sewage disposal system for 1545'8: Locust Grove, (SEX SEX Section 18 T3N RIS) has : '.failed a.nd:the'residence must. be.connected.to the Meridian city ; Sewer..System...:: Sewage. effluent is :discharging on to the ground surface which is a public''health-.hazard, and violation - of. Title 1, Chapter 3, ,Regulations for Individual/Subsurface Sewage Disposal Systems. Sincerely,•.. AK Thomas E. Schmalz',.EHB: -- Senior Environmental Health Specialist cc! Tom Turco, Director of Eavironmental Health :'Martin O. Jones, Supervisor, of Environmental Health Curtis and Tonya Gossage Gary Smith, City of Meridian Will Berg, City of Meridian Serving VaUar Eb wr. Boiu, and Ada Caunria ADA/b=CW00fU W"C0U6'fcm YAUEYCMMYCM 707NAmd=VPbm =E8ms ee tm P.O. Bak a &im0 SSI?-= MudrH".O MCC&& M36 FR X5 -5Z1 OGPA SUgm RL 634-7144 3. Legal Description ENTIRE BOUNDARY A portion of the SE1/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and being described as follows: Commencing at an aluminum cap marking the SW comer of the SEI/4; thence along the South line of said SE1/4 N89°44'18"E a distance of 2013.27 feet to a point, from which the SE corner 6f'said Section 18, a brass cap, bears N89044'1 8"E a distance of 635.75 feet; thence N0001 5'42"W a distance of 25.00 feet to a 518 inch rebar on the North right-of-way of Overland Road and the POINT OF BEGINNING; Thence leaving Said North right-of-way N29°02'44"W a distance of 610.98 feet to a 518 inch rebar; Thence N68022'27"W a distance of 410.39 feet to a 5/8 inch rebar; Thence N38°20'21 "W a distance of 467.46 feet to a 5/8 inch rebar on the South right-of-way of Interstate 80N/84; Thence along said South right-ot-way the following courses, S89133'36"E a distance of 703.13 feet to a right-of-way monument at STA. 2365+00: Thence S630451 T'E a distance of 200.65 fest to a right-of-way monument at STA -2370+00; Thence S89°34'11"E a distance of 686.11 feet to a 5/8 inch rebar being on the West right-of-way of Locust Grove Load; Thence leaving the said South right-of-way and along the said West right-of-way S00°31'58"W a distance of 44.59 feet to a 5/8 inch rebar; Thence leaving said West right -of -.way S89°43'59"W a distance of $86.22 feet to a 5/6 inch rebar; Thence S00°43'42"E a distance of 238.08 feet to a 5/8 inch rebar; Thence S32023'17"E a distance of 310.53 feet to a 518 inch rebar; Thence S4201 1'42"E a distance of 166.40 feet to a 5/8 inch rebar; Thence S89°28'30"E a distance of 99.26 feet to a 5/8 inch rebar on the said West right-of-way of Locust Grove Road; Thence along said West right-of-way S001131'58"W a distance of 345.92 feet to a 518 inch rebar on the said North right-of-way of Overland Road; Thence leaving said West right-of-way and along the said North right-of-way S89"44'1 8'W a distance of 611.10 feet to the POINT OF BEGINNING. Said parcel contains 20.38 acres more or less easements and rights-of-way on record or implied I existing ALL (Re -P478092) A portion of the SE1/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and being described as follows: Commencing at an aluminum cap marking the SW corner of the SE1/4 thence along the South line of said SE1/4 N89°44'18"E a distance of 2649.26 feet to a brass cap making the SE corner of said Section 18; thence N00°31'58"E a distance of 996.99 feet along the East line of said Section 18 to a point; thence S89°43'59'VV a distance of 25.00 feet to a 5/8 inch rebar on the West right -of. way of Locust Grove Road and the POINT OF BEGINNING; Thence S89043'59"W a distance of 386.22 feet to a 5/8 inch rebar; Thence S001143'42'°1_ a distance of 30.00 feet to a point; Thence S89937'04'W a distance of 707:40 feet to a point; Thence N45°32'53" V1/ a distance of 12.72 feet to a point; Thence S89059'55"W a distance of 403.16 feet to a point; Thence N38°20'21 "W a distance of 133.47 feet to a 5/8 inch rebar on the South right-of-way of Interstate 80N/84; Thence along the said South right-of-way°the following courses, S89133'36"E a distance of 703.13 feet to a right-of-way monument at STA. 2365.00; Thence S83°45'17"E a distance of 200.65 feet to a right -W -way monument at STA. 2370+00; Thence S891134'1 11 "E a distance of 686.11 feet to a 518 inch rebar being on the West right-of-way of Locust Grove Road; Thence leaving said South right-of-way and along the said West right -df -way of Locust Grove Road S00931'58"W a distance of 44.69 feet to the POINT OF BEGINNING. Said parcel contains 3.00 acres more or less and is subject to all existing easements and rights-of-way on record or implied. -' LA Isol � W 4 Parcei I (File P178093) A portion of the SEI/4 of Section 18, Township 3 North, Range 1 East; Boise Meridian, Acta County, Idaho and being described as follows: Commencing at a brass cap marking the SE corner of said Section 18; thence along the South line of said SE1/4 S89044'18"W a distance of 635.75 feet to a point, from which the' S1/4 comer of Section 18, an aluminum cap, bears S89044'18"W a distance of 2013.27 feet; thence N00015'42"W a distance of 25.00 feet to a 5/8 inch rebar on the North right-of-way of Overland Road: thence N89°44'18"E a distance of 180.99 feet along the North right-of-way of Overland Road to a 1 inch iron pipe; thence N26°46'14"W a distance of 656.30 feet to a 1/2 inch rebar and the POINT OF BEGINNING; Thence N451132'53' W a distance of 502.15 feet to a point; Thence N69°3x04"E a distance of 707.40 feet to a point; Thence S001143'42"E a distance of 208,08 feet to a 5/8 inch rebar; Thence S32123'17"'E a distance of 178.00 feet to a 112 inch rebar; Thence N89°44'44"W a distance of 446.92 feet to the POINT OF BEGINNING; Said parcel contains 4.49 acres more or less and is subject to all existing easements and rights-of-way on record or implied. 001 OF ,,�a`v 4' Uc�S"Zri Parcel It (File P1T8093) A P onion of the, da of Section 18, Township 3 North, Range 1 East. Boise -Meridian. Ada County: Idaho and being described as follows: Commencing ata brass cap marking the SE corner of said Section 18; thence bears ..:along. the. Svuthry line of said SE1/4 S 4S° 54ectionf a8, � an aiumi num ?cap et o a point, from which the S114 comer Sag -44-18'W ai distance of 2013.27 orth �ritht of wahence y of Oeland Road; thence 25'00 feet to a 518 inch rebar on the N 9 of overland the North Ngg°44',18°E a distance of 180.99feet QF BEG NNiNG;ht-a -way' Road to a`1 inch ironpipe and Thence continuing along'the North right-of-way of Overland Road N891144'1 9'E a distance of 181.87 feet to a 518 inch rebar; Thence leaving said right-of-way of Overland Road N00°31'11"E a distance of 305:70 feet to a 5/8 inch rebar; Thence N89°43'28"E a distance of 104.1 fee{Q a �SgBrichrrebar;r' Thence 542°36'15"F a distance of 27.23 feetpint an the West'right Thence N89°43'28-E`a Road; of 128.52'feet, to;a p way of Locust Grove Ro , dis 1'58"E a tance of 60.29 feet to a 5/8 inch rebar on the said Thence N00°3 West right-of-way of Ldistance of 99.26 fleet to a Locust Grove Road; Thence leaving said West right-of-way N89°28'30"W a 518 inch reMr; 42"W a diSt2�nce of 106.40 feet to a 5/8 inch rebar; Thence N42°11'feet to a Thence N32°23'17W a distance of 132.53 feet to a t/2 inch rebar;'' Thence N89°44'44'W a distance of 446.92 Thence S26146'14"E a distance of 656.30 feet to the POINT QF BEGINNING. acres moreo less and is subject to all ex's Said parcel contains 5.02 orting easements and rights-of-way on record 0 P J Parcel 111(Pile P178093) A portion of the SE114 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and being described as follows: Commencing at a brass cap marking the SE corner of said Section 18; thence along the South line of said SE114 S891144'18"W a distance of 635.75 feet to a point. from which the S114 corner of Section 18, an aluminum cap, bears S89°44'18"W a distance of 2013.27 feet; thence N001154M a distance of 25.00 feet to a 5/8 inch rebar on the North right-vf-way of Overland Road and the POINT OF BEGINNING; Thence N29°02'44"W a distance of 610.98 feet to a 518 inch rebar: Thence N68022'27"W a distance of 410.39 feet to a 5/8 inch rebar; Thence N38°20'21 "W a distance of 333.99 feet to a point; Thence N89059`55"E a distance of 403.16 feet to a point; Thence S45132`53"E a distance of 514.88 feet to a 1/2 inch rebar; Thence S26046'14"E a distance of 656.30.feet to a 1 inch iron pipe; Thence S89°44'18' W a distance of 180.99 feet to the POINT OF BEGINNING. Said parcel contains 6.19 acres more or less and is subject to -all existing easements and'rights-of-way on record or implied.�,� (Idle P178094) A portion of the SEI/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and being described as follows: Commencing at an aluminum cap marking the SW corner of the SE1/4; thence along the South line of said SE1/4 N89°44'18"E a distance of 2013.27 feet to a point, from which the SE corner of said Section 18; a brass cap, bears N6904418"E a distance of 635.75 feet; thence N0001 5'42"E a distance of 25.00 feet to a 5/8 inch rebar on the North right-of-way of Overland Road; thence along said North right-of-way N89°44'18"E a distance of 362.86 feet to a 5/8 inch rebar and the POINT OF BEGINNING; Thence leaving the said North right-of-way NOd'31'1 VE a distance of 305.70 feet to a 5/8 inch rebar; Thence N89°43'28"E a distance of 104.17 feet to a 5/8 inch rebar; Thence S42°36'15" E a distance of 27.23 feet to a 5/8 inch rebar; Thence N89043'28"E a distance of 125.52 feet to a point on the West right-of- way of Locust Grove Road; Thence along the said West right-of-way S00031'58"W a distance of 285.63 foot to a 5/8 inch rebar; Thence leaving1he West right-of-way and along the said North right-of-way of Overland Road S89"44'1 8"W a distance of 248.24 feet to the POINT OF BEGINNING. Said parcel contains 1.68 acres more or less arid is; subject to all existing easements and rights-of-way on record or implied. clu R61901 AllZY JY"' 91 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ),ss COUNTY OF ADA ) We, Rex and Phyllis Swindell and -Max and Blanche Swindell, 2995 N. Cole Road, Suite (Name) 255, Boise, Idaho, being first duly sworn upon oath, depose and say: 1. That we are the record -owners of the property described on the attached, and we grant our permission to Alta Development, Inc., 10309 S. 1980 East, Sandy, Utah 84092 to submit the accompanying application for a conditional use change pertaining to that property. 2. We agree to indemnify, defend and hold The City of Meridian and it's employees harmless form any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this `7-45� day of 0, V 1 gl/ '1999. n Rex SUBSCRIBED AND SWORN to before me the day and st above written. r,i� „4� . i r 4QU..r Notary P for Idaho A.ITP 6„ Residing at Kx" `� My Commission Expires p sy° ��'�uv,►rer�vesta 9-41 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss COUNTY OF ADA ) Y I Stephen W. French as President of The Idaho King`Corporation an Idaho Corporation, (Name) 2995 N. Cole Road, Suite 255, Boise, Idaho, being first duly sworn upon oath, depose and say: 1. That it is the record owner of the property described on the attached, and does grant its permission to Alta Development, Inc., 10309 S. 1980 East, Sandy, Utah 84092 to submit the accompanying application for a conditional use change pertaining to that property. 2. The Idaho King Corporation agree to indemnify, defend and hold The City of Meridian and it's employees harmless form any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this 'Z�6 day ofV,M, 1999. ITheing Corporation, an Idaho Corporation by French, Pres. SUBSCRIBED AND SWORN to before me the day and year first above written. /�IIIiflf lffff, M . C4,4 -f,, r'�4 TARy'�.c= Pe OF "'0��,, ''�fffttttltt�`' Wary Public for Idaho Residing at �- My Commission Expires: w1 boy UO/ GJ! 1777 11. 4L 6Gl�GJL/JJ STATE OF IDAHO ) )-ss COUNTY OF ADA ) 5 Nlll.MALL MAWt AFFIDAVIT OF LEGAL INTEREST rAUL bl I Stephen W. Frencb managing member of Locust Grove Properties, LLC, 2995 N. Cole (Nuns) Road, Suite 255, Boise, Idaho, being first duly sworn upon oath, depose and say:, 1. That Locust Grove Properties, LLC is the record owner of the property described on the attached, and does grant its permission to Alta Development, Inc., 10309 S. 1980 East, Sandy, Utah 84092 to submit the accompanying application for a conditional use change pertaining to that property. 2. That Locust Grove Properties,'LLC agree to indemnify, defend and hold The City of Meridian and it's, employees harmless form any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this � day of 1999. LocProperties, LLC by `�- St W. French, as managing member SUBSCRIBED AND SWORN to before me the day and year first above written. yM•C,4 ,,.o Z A R C/ B -9lF 0� ��; •`` r'��rnntrtt►�� t Public for Idaho ing at $0 My Commission Expires: r"-�`1 �► 7�y `I JUN 03 199 12:47 8015232733 PAGE.01 �J 0 O 0 0 u 'A r V+ n v m m r O T ic m z I n O c X m z --i 0 O 3 M r m x dm ado8 -3Aouo isnoo-i �1� �L-- •1> �, ►w., 1� A� ♦ +fid ,y++> f�! tai• �i.,, �, `' � — ---- --- - - --- ---- 0 wQ Z� d W Z CO �0 NO a F- CO rra Z) 0 H TZ0 Q Y ti �c baza�is e e F ua�d ade�spup� fi,puiui�a�7 ,,\ y 8 2 WVPI "�vloq I " 1® -- -II z rc z� II ri W �s�N W I o�l II II W 1 I II I I ki to oma' II I I 1 I I zI -- -II LJ r1 I t r� II ri zl I �I I Q _QI �QI I I — I I o�l II II W 1 I II I I I I I I II I II I I 1 I I zI I I I I II O II � I I N3> II I II J L 1 I I I II li II O L J 6i.. I I j � � 1 1 1 11 f I I II --"1J 0 —j w Q� =O Z� Qz �O w ow 3w wQ H ci � n IL ~ O w > > H LU O y .au Ddu ONia�ina Z O O or 0 w m i N Z Q J CL rr O O .J H X w N Ir F�- 0 to o� C z D 0 w CP 04 Z ^J 1..1.. J w w J w Q - CL Z) p a(Y z0 Z pZ �O (D 4 �U LU W -r pw �W wQ r� 0 O `L) Q2 Ow w> ZQ r= w r O Z Q W z 0 _J D m pY g� p a(Y z0 Z pZ �O (D 4 �U LU W -r pw �W wQ r� 0 O `L) Q2 Ow w> ZQ r= w r O Z Q W z 0 _J D m �1 _W F - Z 0 a: U - Z 0, Q W W cc 0 rr W F— X Q 'U W i W �1 _W F - Z 0 a: U - Z 0, Q W W cc 0 rr W F— X Q 'U AFFIDAVIT OF POSTING NOTICE STATE OF UTAH ) COUNTY OF SALT LAKE ) Mark B. Cohen, member of Sundance, L.L.C., 132 South 600 East, Salt Lake City, Utah, being first duly sworn upon oath, depose and say: That Sundance, L.L.C. shall be solely responsible for posting notice on the property of a public hearing that considers Conditional Use Permit or Zoning of the property one week prior to said public'meeting. Said notice shall contain location, date and time of the public hearing as well as a description of any conditional use or zoning amendment. Dated this day of '1999. Sundance, L.L.C. By ark B. ohen, Member I SUBSCRIBED AND SWORN to before me the day and year first above written. C Notary Public for Utah Residing at sAt,& Ui(e_ 0U , My Commission Expires: 10 1444 all r NOTARY P AUBLIC Debra Harris -Mercer - 132 South 600 East Salt Lake City, Utah 84102 MY Commission Expires rase July 10, 1999 STATE OF UTAH V. adu ONiaiina Z Q I.L 00 O MMMw Pl M w I Z o Q J CL m 0 o@ U- „ LID -=--=- -------=-,j II III I 1 1 I I I II III II � I� III I = � m 11 111 11 II 111 II z ED m li I i m Q 1- j 0 N I Fo 00 m O • 1- � I C t � n N o w m ------ ------ oJO --- -- -- O-------- rn� Ey ¢ 3xj f§F O L V Z z r O O T V C D 1 I U � 19REEZEWA7 - � ° rn ' o � � rj r ov r Izy im = m m rg< 1 i - I, z O rn F F e _ -------- ------ 41 t CDi -Di �D 1 N T. m 1 _ � 1 O •O I I m I O Z n O N C .Q- � 4 _i�• -Cs t � c O = II III II II 111 jl I III II I - `n aj 0 III 1 III I It'---- --- - t----------------� ---- --- =-1- = BUILDING TYPE „A' I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. �I ►� . �y �� • i 5. 7. 20. r . SAe— L14 cI" iU9_I F_.S+e "aLin I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Name Signature Address Phone # "U.'s 0 ` - ? 3 ? L' 4. 5. 6. 17 7. 10.� 11. 12.- 13 14.E 15.E 16. 17. 18. 19. 20. I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Phone 1771 -T,-nie r"- t/ /, ►l l/ /1 _J J w 0/1/ J, f rl . // _ , <f 47<1 -, 7. rn� CMe �`rSi 8. 9. li 11. ECErVED 12. SEP 2 1 1999 CITY OF MERIDIAN 13. In 14. 15. 16. 17. 18. 19. 20. I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Name Signature Address Phone # f1r1 eri d ian I - Lw -r-\ r Ig►5 14 �A V;t C4- 998 35100 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20 I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. 4. Name Signature Address Phone # 1 �or�o.. \�i,.r�S �rc,.C�( �Qcw0.� t�'�L�ihw�j o�1�1 � l � • ��`rc. �.,r�nN $g� '� / /6/:797 I ,�WrWg • 1 qq 7 ir• Cagy - aee.P- Sf .,A��-2a-� ) 5 y I C- L-(�K �-rK(,�z Z 7 7d S f✓�L </F`7 x^.411 v r� 14. n, P -J, oh'I (D'-� J),V� Ve lye'fFc� A LI -V P 15. 16. ,��Ll/f>' /1�I�}7TS�% /��1 �� 6/a s. G��3� •- �8�'a//� 17. 9C � -lam//Pf Ic 18. �� /)fir �e7`7-� Kv� �.�„� ��i2�.lL� E/�[)iv� ,_ _ 2 G S ✓P�vP7` 1= c, ll s M 6 I I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Name Signature Address Phone # 1. 2. 5 13. 14. 15. 16. 17. 18. 19. 20. =a-7is �K-S 74 l 5--- —07k V M4 It $G - ��, Z� I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Name Signature Address Phone # 1 -Susan Bec-kmco I 'n '6N-/0(107 = Cl 5. 6. 7. E A 9. J, -JA SGleeT-& C4164- lo5gi Z, gmzoc' 08-(�z--1761( 10. A'01)�A) I /A /U �-— %a hrn. f )afr-u- 11. 12. 13. 14. 15. 16. 17. 18. 19. P01 �8 I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Name Signature Address Phone # / 1.' 2. ��e�kc� mer•-3sS, S40.11 jRqS MO 5 � 6. FlOa, a -r v7�3 E. D►-. 879-DD9 7. 8. 9. �5 10.L ZL I 49 �Z ti le( I -es G' 88-T- 362'q I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. .. 5. ` YQ O1 J-ett 6. (Y EU:ss./4- 7. iCd-.,V, 8. 9. H 1: 1: 13. 14.L►tir 15. 0170 '5-,i_ �Crt 4.0- Z3-11bo d?8t� 5 SPeL�Qeo bA.P, a2- Zoo 11i%�oc 27,0 :5. 20. I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Name Sig -nature Address Phone # 2. I. 4. 5. `6 Y/ )Sy 6. 7. Z�� s.j/ )QT- ► r� —�� 9.l-�m�z��dc �rca� ►� �tl-Y► o,cla a� �;n 17�K P Inc�k w �i k9 10. t 11J l in,. 14.f a L a (97q S dladcjo;-b� 101 f$ - z o 15. C U C 16. LYCI 17. 19. PA I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Name Signature Address Phone # 1.�0�,,? L G Alit- PEACcksr, W -77Y3 2.sefnTk o r-,\ct 1"-� cO 13Qc,, C. Rcuco c k 8 9 8 7 3 3 3. Lw r4 M - Tk0mc5 P3-gocock �8 4. 13 J srllyl KEN 016 (AWN 12. 13. W lr-AMV 14. 15, 16. 17. 18. 19. 20. dvc av- Min 3 �3go S► sP�RrsMA,� �8y-�`ty� 88 7� 70 s, S yid I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Name Signature Address Phone # £ 3orZ07' 3 i 2./l�/ .� A s�/ 3. jj, WVZ) HJT- 0 5'9,0 4. s. l �; 9 r � L 6. Ubfl]) 7. 8. 891-3 10. T n n (,-0— ✓'3 6�' l 8 7-.349 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Name Signature Address Phone # Off S wek /Y -SA -Mc ��S800�f Ido - f 1, W/,o "IN59.1395 RM, ��IO(7I 7-Q�'13 I � — 19. 20. 0 I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Name Signature Address Phone # 3._ . . 5. 7. &nnz' 1 � • i • • 15. �N%�n . 3� illi £x ► M�1�`�� 16. QC 17. 18. 19. 20. I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. ♦• Name Signature Address Phone # 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Name Signature Address Phone # 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. aN 7 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Name Signature Address Phone # M-21 3 n "" Z 3. 4` 5. 6. 7. 8. 15. 16. 17. 18. 19. 20. mid Ip l' 5100(0 ,9:97-,366-6 nui Gf,w an) apposed to the construction of the Sundance Apartmenj Complex on Locust Grove and Overland. Name Si atu� 0 9 a rc✓ i0. 20. i ani opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. �aoed &w6k 2. 4 5 6. 7. . 8-_,c C 9. 10. Phone # ay SBC I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Name Signature Address Phone # 6. jr, s 19&1 OP416 T. 8. PAUL L. D ► C A L- i gS .so. WA 9. _ c,►. � (,L* d Y2 10. 11.1 12. 13. &/o (e 6-V-7lPIZ-, 1V8� S 14+ 14. 15. �rI vl 1a Lkh�Y g J� - $G CP 16. 17. 18. 19. 20. i I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Name Signature Address Phone # 1771 S, MrS7ALcbGa�;�1'. 2. Z— ,e .e G0- V-5 F771 5 Vai ?h 3.tj c z -7 5. /z3C 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. I am opposed to the construction of the Sundance Apartment Complex on Locust Grave and Overland. 3. DSC be.-* ELwood o` l02'7 l�n��4�� $45-o6Z3 4. ��_ VD4120 7W! A-oC-E D� ko)2 T-- C c ( r 7, G rir 9tl ne-y j5i--W44J)cz, it� � r �10 s ..i 19. 2^. Ng S. C I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. I/ NAtD 259,VR1,rt e�G . & mann , $. O8 GiT DV sF 44 l.tw 9. ` ere5a 10, Pa r Le 12. 7 C%��41-/ 13. 2-7 15. a -U18 SE � 19. 20.- I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Name Sip -nature Address Phone # 1. -N 767 :-Wit►«•,� .:.�� , 3. 4. 6. 7. 8.� 9. 10. 14. S— WON I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Name Signature Address Phone # ;ta--?,n 3. L ourL o- I 1 i GIL--4- 4. 5.h ri g1:1 tv 15 Z 6. 'A , i -e. a 3,w , 7 8 9 1� 1 12.,16,-k1,1 (LA4 7 ,SN, Gv i�h l W#fTEAU sT Ss<---�62s 5 l \-,j \"\Ae�& St gg5--a 15 -r 23 7 -� -7-V mgz In MP", F� A „ CD y X 7 6 4 5. /T�(- 12/ �� 73? 04 �1 46 1 I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Name Signature Address Phone # 1. trxl JCC - .l- _ J &kA 411 �%SS-02 3.I!)otjNLD A•OIC14ckSo,., W ,L i� 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. ;?- 1 ''M I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Name Signature Address Phone # 1. 2. Z/-�, 6 J' _ 76-9 7. 8. r 10. 7— /F/ -Z-- 12 V a ` W:3 14. 15. 16. 17. 18. 19. 20. I am apposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. 2. YTER, PDN�rN,CA A 4. Dvt We -WW -6L -vi CPowt►✓Ii(t,�- M 6. 7. , 9. l{ 1; 1: 13.E 14. 15. 16. 17. 18.-- 19.- 20._ 8.19.20. f �)-�V7�) r ,'�W.t TJ qqL f, Loryi1 vii(a S&`7-Zq I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Name Signature I Address Phone # 2. � 11� SCK- - Co31Z ' 13w r 1/1 CK wl� � 4.it;, A(rxc[ .a ti., Q�-��, (360 5. 6. a��-r� 9. CO# S'$ 6 10. J —PL77 15 r y .f // 50174,9 16. �� Z -- / e- 18. A l2 rc e fuer _ 3-7 7 S 19. 20. Iq P) I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Si 69 £_ 1 - '90,� K/�A P -J 8'7-zzZ.:7 -, �v S� � v►�4n�av� ��r Z2,1-7 J) r, K52 8rt `n zO '?a-aCO- 0 S /da 1iY7 qd Ne e- ;F3<- tP?01 S. 1V& n2r�U4.- 1:7dl I _ f ,1 _. _Zge-1-Coll -: !- I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Name Signature Address Phone # 1-49,21.1C %Zg Z- 3. 4. 7q 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Name Signature Address Phone # 5 6 7 8 10. -S y 4,s '91x Oy�v I l ..n,¢r�j,Q jy v,� �/ZLb 13,925 12.Ejjjj� A83 L T 13. � y q ��,�� r ( ►-� cc -� /9()/ c nwc: 640 8N-/5-30 1i 1: (Qrig E 7 '""-- 5cp- &DK rM0 18. 1 ^��kZ0I l V E. a afr&� �' st 7- 19. `-2 03 lz%q -Ol D (o 3 /1 011 M�?VRMMOIP � s �wpm 5 6 7 8 10. -S y 4,s '91x Oy�v I l ..n,¢r�j,Q jy v,� �/ZLb 13,925 12.Ejjjj� A83 L T 13. � y q ��,�� r ( ►-� cc -� /9()/ c nwc: 640 8N-/5-30 1i 1: (Qrig E 7 '""-- 5cp- &DK rM0 18. 1 ^��kZ0I l V E. a afr&� �' st 7- 19. `-2 03 lz%q -Ol D (o 3 /1 I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Aug .'NOr. oc, 34 9�P ry-a-�-a / /o M IN r&2 _.XW K" Z I am opposed to the ,:onstruction of the S andante Apartment Complex on Locust Grove and Overland. Name Signature Address Phone # _J s�ajy�,I 1. C AH ✓ /V�"^0� '"�'h�/-� �, lqs-I 2.C,-L-'Ut-1,19- Pe,14 MM&X- 3. a dwi -F: Parr\ i u 7. C TSI 8. C � r a c Scan �2 o� O yu {,cam d et U lo. %I��ne�� VaIcK)ir- � orneyL 2 94 5 7 sA WY -/5-/ 11 =)Av,LAIL z.SSt S, TALS� 12.d,ijilio13. ix�� 1 14. `B V716 1 U y q 15. C' 17. 18. 19. 20. I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. •e M - 1' .6.A (� „i 110 . �� r / / • I. t SIMME MI FAM "If 4100�iRd,�_s. .«i C • 011 �I s7/ 1 i r � I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Name Signature Address Phone # TDFdl 1. Z rre. — 2 / cry ;4n To S13Ktt- 3. 5 8._ 9. 16. 17. 18. 19. 20. wn, 0 .'-` 0 - l ;A*l ,nt l I 11 N Z✓loo �T�4 �w��JlLocv.,(S �L '� �?�� 19g4 - 96S/ E�`l S"- 90? -F -,�q, �r ff -5 -', Y7 D 8g- C{6 3a � l `Y---, I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Name Signature Address Phone # 1--jah n q laru 15 /10LIVY1� OnLA F"T hrpP R�rs C7r. R?Rq - Llz5i 3. SSsa4 ! r,' U C cc�tar� /4 /,f 7f (F A" Iflit 0 E o 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Name Signature Address Phone # 2�j Z. C - ewe& 15ru3-D r� zt- , Z" //Z/, " Pz/ 2570 S • ��"� 3. �C ti� �� e d� 8136VO 62 4. Jewel — �Beae :> 5LL, ["C' D s a-a�-Jwllo�ta- 7. 8.- 9.- 10.. .9.10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Name Signature Address Phone # 1. 3. 4. 5. 6. 7. 8.- 9.- 10.- I I. .9.10.11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 7�t��- I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. _^, — r / _ _ A, 5. ' �`Zs s w, 3 "� -j ZLI- -�" 8.-6tL Cj&, tax 9. ,]6 Prr�s 77a. C11 ZV5 s . c,:�,es,ne •mac. �3��Z 8$Y-orZo 10. 4U V C c&DCVs(A6,k (go wor6a 998- 667 q 14. 15. 16. 17. 18. 19. 20. I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Name Si at re Address Phone # 2.7t� (-)- 960 �2� 13. 14. 15. 16. 17. 18. 19. 20. PM I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Address M vk�e n 20. C 1;-%0A E IoLgq 6. PSPy,�; rrAni -TD . Rr it 2 i a1 "-dc,4— /D f, 8 a s-rh) . ISI. f4Ud, �36 yv ff ,v lrl III to A, f (L 1 r* IV-) 2A) f� 1 O 1 �i Q So Y �L, z GG S. 1(2 3. 9G � I W � 5 _ w z1 s-61 s, 736(2-F w 32j 8Ys' OSu i44(Q H aait-4,j, 3c 8. (-�? n 1 gR JO 1S lTrr� nr JA ► ��11 N, Vq- ,m o .., a, .� I n .� U , M vk�e n 20. C 1;-%0A E IoLgq 6. PSPy,�; rrAni -TD . Rr it 2 i a1 "-dc,4— /D f, 8 a s-rh) . ISI. f4Ud, �36 yv ff ,v lrl III to A, f (L 1 r* IV-) I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Name Sip ature Address Phone # 2.Hw,Oj 3.—F�c r �� Z 5. UPV 6. is (zrU/Vo ,,L 8. 9. 4� 1 S �/" Off( �/a �, fi-/ eVe f- aS) j 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. I am opposed to the construction of the Sundance Apartment 8. 9. 7 10` 11. 12. 13. 1 14. l; ot-aS VO It 15. & ZZ MMZIN -7 e Y 3 YYo e � L 16. % x-� 17. iLrXu 2�2 7 18.� 20.. 757 S- c��oSM,T,q Complex on Locust Grove and Overland. Name Signature Address Phone # 1 � 2. 3 . -� L 1 c 5. 6. 8. 9. 7 10` 11. 12. 13. 1 14. l; ot-aS VO It 15. & ZZ MMZIN -7 e Y 3 YYo e � L 16. % x-� 17. iLrXu 2�2 7 18.� 20.. 757 S- c��oSM,T,q I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Name Sianature Address Phone # 1/t/ gel co. koavnonetS7- PY?.ertdiaw ��ya Q9 SO XOL440va C� 8 e 4- �— 1,k— AU4V qn3 5, k�4mW,&- -5-r Ne-4-tco �--36fZ, I `715 S. kocus -� Gt,o v e &J. Meh;d;A,, F54-1fl, yl Oh=2w awes t Se -t Ls. a — rv ea rt�f t q S . L.� e iti -14 r� I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Name Signature Address Phone # cNaG c20rwI, Cos 3CD�S� 2.� E�or0 z7 - 3. a 2u� a l 4.� ..�v (� I �. � '701 5. DYJ 6. 78. 7 10. 11. .145 Li 12. uc'� FL, 13.- - nam `v - 14. 15.. S 13 �►2zo� sq -3y I 16. j3 &q E 3� l 17. 0J G'S J 18. 19. �- �� I Z9 �4 936( I am opposed to the construction of the Sundance Apartment Complex on Locust Grove and Overland. Name Sip -nature Address Phone # 1. 2. _6�1. ��►._ 9.- 10.. 11. 12� 13. 14. 15.. 16. 17. 18. 19. 20. &Iern IHSIo -E IDohe,-ma,L 3 J\ ?-k ��q � iwllg SEP -21-1999 TUE 03:05 PM ALBERTSONS D&C DEPT FAX NO. 2083956442 P. 01/01 Sep 21 SS 02:30p JAMES M. MIMAS,D.D.S. 208-327-3570 p.l APARTMENT COMPLEX ON LOCUST GROVE AND OVERLAND IS APPROVED BY PLANNING AND ZONING DATE: September 1. 1999 1PFCE1V-E]D TO: Homeowners Adjacent to Locust Grove and Overland FROM: Group For Strong Family Neighborhoods SEP 2 1 1999 RE: Next Steps to Defeat Construction of Apartment Complex r� ' *T On August 25' the Meridian Planning and Zoning Commission approved a request for rezone on land CIT i OF MERIDIfi1v West of Locust Grove and North of Overland. The Commission also approved a plan to develop a 300 - unit apartment complex on that land. The Following are key points of the meeting: • The Ada County Highway and Sewer Departments gave quick recommendations for the re -zone even when future expansion of Overland is not completely clear. • The Meridian School District recognizes capacity problems and gave a reluctant approval. • The Commission recognized opposition testimony and 60 signatures but still approved the complex. • The Developer set aside a portion of the development for rent -assisted, lower income housing. (The City of Meridian likes the rent -assisted designation because it helps qualifications for federal funds.) • The Developer stated that this will be an "opened space" complex. However 25+ buildings will be constructed on the small parcel of land. The Developer is an astute and smooth talking businessman from Utah. He told ars that "he felt our pain." It is now time to let him feel his own pain as we; defeat this development as it goes before the city council on September 21, 1999 at $3 -W o'clock p.m. The only way we will defeat this fature detriment to our neighborhoods is to appear in force at the City Council Meeting. We will need at (cast 100 people to attend and snake our voices heard. We will need to voice alternative solutions and not just complaints. If you want to keep crime low, maintain a family friendly neighborhood, wad not lose value on your home, you will need to help. The first priority is to attend. The second would be to sign the petition below. Thank you for your help defeating this development. Even if you signed the last petition, please do so again for the City Council. Please fill out the bottom of this page and return it to Dear members of the Meridian City Council. I oppose the construction of the Sundance Apartment Complex that is to be built on Overland and Locust Grove and request that the City of Meridian approves developments that add value to Meridian neighborhoods. Names, YYYA n AddressM. SEP 21 '99 15:14 2083956442 PAGE.01 APARTMENT COMPLEX ON LOCUST GROVE AND OVERLAND IS APPROVED BY PLANNING AND ZONING DATE: September 1. 1999 TO: Homeowners Adjacent to Locust Grove and Overland FROM: Group For Strong Family Neighborhoods RE: Next Steps to Defeat Construction of Apartment Complex On August 25`h, the Meridian Planning and Zoning Commission approved a request for rezone on land West of Locust Grove and North of Overland. The Commission also approved a plan to develop a 300 - unit apartment complex on that land. The Following are key points of the meeting: • The Ada County Highway and Sewer Departments gave quick recommendations for the re -zone even when future expansion of Overland is not completely clear. • The Meridian School District recognizes capacity problems and gave a reluctant approval. • The Commission recognized opposition testimony and 60 signatures but still approved the complex. • The Developer set aside a portion of the development for rent -assisted, lower income housing. (The City of Meridian likes the rent -assisted designation because it helps qualifications for federal funds.) • The Developer stated that this will be an "opened space" complex. However 25+ buildings will be constructed on the small parcel of land. The Developer is an astute and smooth talking businessman from Utah. He told us that "he felt our pain." It is now time to let him feel his own pain as we defeat this development as it goes before the city council on September 21, 1999 at $:cn o'clock p.m. The only way we will defeat this future detriment to our neighborhoods is to appear in force at the City Council Meeting. We will need at least 100 oeoole to attend and make our voices heard. We will need to voice alternative solutions and not just complaints. If you want to keep crime low, maintain a family friendly neighborhood, and not lose value on your home, you will need to help. The first priority is to attend. The second would be to sign the petition below. Thank you for your help defeating this development. Even if you signed the last petition, please do so again for the City Council. Please fill out the bottom of this page and return it to Dear members of the Meridian City Council. I oppose the construction of the Sundance Apartment Complex that is to be built on Overland and Locust Grove and request that the City of Meridian approves develonmefia that add value to Meridian neighborhoods. Name_ Signature_ Address Phone C _q IEC�rVED SEP 2 1 1999 CITY OF MERIDIAN APARTMENT COMPLEX ON LOCUST GROVE AND OVERLAND IS APPROVED BY PLANNING AND ZONING DATE: September 1, 1999 TO: Homeowners Adjacent to Locust Grove and Overland FROM: Group For Strong Family Neighborhoods RE: Next Steps to Defeat Construction of Apartment Complex On August 2561, the Meridian Planning and Zoning Commission approved a request for rezone on land West of Locust Grove and North of Overland. The Commission also approved a plan to develop a 300 - unit apartment complex on that land. The Following are key points of the meeting: • The Ada County Highway and Sewer Departments gave quick recommendations for the re -zone even when future expansion of Overland is not completely clear. • The Meridian School District recognizes capacity problems and gave a reluctant approval. • The Commission recognized opposition testimony and 60 signatures but still approved the complex. • The Developer set aside a portion of the development for rent -assisted, lower income housing. (The City of Meridian likes the rent -assisted designation because it helps qualifications for federal funds.) • The Developer stated that this will be an "opened space" complex. However 25+ buildings will be constructed on the small parcel of land. The Developer is an astute and smooth talking businessman from Utah. He told us that "he felt our pain." It is now time to let him Ael his own pain as we defeat this development as it goes before the city council on September 21, 1999 at o'clock p.m. The only way we will defeat this future detriment to our neighborhoods is to appear in force at the City Council Meeting. We will need at least 100 people to attend and make our voices heard. We will need to voice alternative solutions and not just complaints. If you want to keep crime low, maintain a family friendly neighborhood, and not lose value on your home, you will need to help. The first priority is to attend. The second would be to sign the petition below. Thank you for your help defeating this development. Even if you signed the last petition, please do so again for the City Council. Please fill out the bottom of this page and return it to Dear members of the Meridian City Council. I oppose the construction of the Sundance Apartment Complex that is to be built on Overland and Locust Grove and request that the City of Meridian approves developments that add value to Meridian neighborhoods. Name Signature Address 2114 Phone OD D 7J APARTMENT COMPLEX ON LOCUST GROVE AND OVERLAND IS APPROVED BY PLANNING AND ZONING DATE: September 1, 1999 TO: Homeowners Adjacent to Locust Grove and Overland FROM: Group For Strong Family Neighborhoods RE: Next Steps to Defeat Construction of Apartment Complex On August 25`s, the Meridian Planning and Zoning Commission approved a request for rezone on land West of Locust Grove and North of Overland. The Commission also approved a plan to develop a 300 - unit apartment complex on that land. The Following are key points of the meeting: • The Ada County Highway and Sewer Departments gave quick recommendations for the re -zone even when future expansion of Overland is not completely clear. • The Meridian School District recognizes capacity problems and gave a reluctant approval. • The Commission recognized opposition testimony and 60 signatures but still approved the complex. • The Developer set aside a portion of the development for rent -assisted, lower income housing. (The City of Meridian likes the rent -assisted designation because it helps qualifications for federal funds.) • The Developer stated that this will be an "opened space" complex. However 25+ buildings will be constructed on the small parcel of land. The Developer is an astute and smooth talking businessman from Utah. He told us that "he felt our pain." It is now time to let him feel his own pain as we defeat this development as it goes before the city council on September 21, 1999 at The only way we will defeat this future detriment to our neighborhoods is to appear in force at the City Council Meeting. We will need at least 100 people to attend and make our voices heard. We will need to voice alternative solutions and not just complaints. If you want to keep crime low, maintain a family friendly neighborhood, and not lose value on your home, you will need to help. The first priority is to attend. The second would be to sign the petition below. Thank you for your help defeating this development. Even if you signed the last petition, please do so again for the City Council. Please fill out the bottom of this nam- and refiirn it to Dear members of the Meridian City Council. I oppose the construction of we sunaance Aparanent Complex that is to be built on Overland and Locust Grove and request that the City of Meridian approves developments that add value to Meridianneighborhoods. ,neighborhoods. Name "C (+✓ iaLA Signature Address N 5� 6 L V e Tl C (- � 1' M e 2 rDinw 10 /H*e 9361/Z Phone 2_0 & VULI eve, 'n4lS O(JUc2 L1 ve0 t_owe2 rtiCO#\e 5-x960 V/1 LL L_0 Woe PL i/1't y f%ZO f eo A C k 1--W7- /dv A- C (TY U,2ce / W l TP 2eW7- ,�Ss�s �r-e0 o4tL n-- 32ou� [ T' I hr W t4S C 2 I Me- 4" APARTMENT COMPLEX ON LOCUST GROVE AND OVERLAND IS APPROVED BY PLANNING AND ZONING DATE: September 1, 1999 TO: Homeowners Adjacent to Locust Grove and Overland FROM: Group For Strong Family Neighborhoods RE: Next Steps to Defeat Construction of Apartment Complex On August 25`h, the Meridian Planning and Zoning Commission approved a request for rezone on land West of Locust Grove and North of Overland. The Commission also approved a plan to develop a 300 - unit apartment complex on that land. The Following are key points of the meeting: • The Ada County Highway and Sewer Departments gave quick recommendations for the re -zone even when future expansion of Overland is not completely clear. • The Meridian School District recognizes capacity problems and gave a reluctant approval. • The Commission recognized opposition testimony and 60 signatures but still approved the complex. • The Developer set aside a portion of the development for rent -assisted, lower income housing. (The City of Meridian likes the rent -assisted designation because it helps qualifications for federal funds.) • The Developer stated that this will be an "opened space" complex. However 25+ buildings will be constructed on the small parcel of land. The Developer is an astute and smooth talking businessman from Utah. He told us that "he felt our pain." It is now time to let him feel his own pain as we defeat this development as it goes before the city council on September 21, 1999 at $J&W o'clock p.m. 7:30 The only way we will defeat this future detriment to our neighborhoods is to appear in force at the City Council Meeting. We will need at least 100 people to attend and make our voices heard. We will need to voice alternative solutions and not just complaints. If you want to keep crime low, maintain a family friendly neighborhood, and not lose value on your home, you will need to help. The first priority is to attend. The second would be to sign the petition below. Thank you for your help defeating this development. Even if you signed the last petition, please do so again for the City Council. Please fill out the bottom of this page and return it to 1938 Elkhound On or before Sept. 17. Dear members of the Meridian City Council. I oppose the construction of the Sundance Apartment Complex that is to be built on Overland and Locust Grove and request that the City of Meridian approves developments that add value to Meridian neighborhoods. Name Signat Addre, Phone ?Sq -03s l APARTMENT COMPLEX ON LOCUST GROVE AND OVERLAND IS APPROVED BY PLANNING AND ZONING DATE: September 1, 1999 TO: Homeowners Adjacent to Locust Grove and Overland FROM: Group For Strong Family Neighborhoods RE: Next Steps to Defeat Construction of Apartment Complex On August 25h, the Meridian Planning and Zoning Commission approved a request for rezone on land West of Locust Grove and North of Overland. The Commission also approved a plan to develop a 300 - unit apartment complex on that land. The Following are key points of the meeting: • The Ada County Highway and Sewer Departments gave quick recommendations for the re -zone even when future expansion of Overland is not completely clear. • The Meridian School District recognizes capacity problems and gave a reluctant approval. • The Commission recognized opposition testimony and 60 signatures but still approved the complex. • The Developer set aside a portion of the development for rent -assisted, lower income housing. (The City of Meridian likes the rent -assisted designation because it helps qualifications for federal funds.) • The Developer stated that this will be an "opened space" complex. However 25+ buildings will be constructed on the small parcel of land. The Developer is an astute and smooth talking businessman from Utah. He told us that "he felt our pain." It is now time to let him feel his own pain as we defeat this development as it goes before the city council on September 21, 1999 at The only way we will defeat this future detriment to our neighborhoods is to appear in force at the City Council Meeting. We will need at least 100 people to attend and make our voices heard. We will need to voice alternative solutions and not just complaints. If you want to keep crime low, maintain a family friendly neighborhood, and not lose value on your home, you will need to help. The first priority is to attend. The second would be to sign the petition below. Thank you for your help defeating this development. Even if you signed the last petition, please do so again for the City Council. Please fill out the bottom of thio nnoe nnA rPtnrn it to Dear members of the Meridian City Council. I oppose the construction of the Sundance Apartment Complex that is to be built on Overland and Locust Grove and request that the City of Meridian approves developments that add value to Meridian neighborhoods. Name Signa Address Zz Phone o4 ---T �, 3 3 K/ APARTMENT COMPLEX ON LOCUST GROVE AND OVERLAND IS APPROVED BY PLANNING AND ZONING DATE: September 1, 1999 TO: Homeowners Adjacent to Locust Grove and Overland FROM: Group For Strong Family Neighborhoods RE: Next Steps to Defeat Construction of Apartment Complex On August 25d, the Meridian Planning and Zoning Commission approved a request for rezone on land West of Locust Grove and North of Overland. The Commission also approved a plan to develop a 300 - unit apartment complex on that land.., The Following are key points of the meeting: • The Ada County Highway and Sewer Departments gave quick recommendations for the re -zone even when future expansion of Overland is not completely clear. • The Meridian School District recognizes capacity problems and gave a reluctant approval. • The Commission recognized opposition testimony and 60 signatures but still approved the complex. • The Developer set aside a portion of the development for rent -assisted, lower income housing. (The City of Meridian likes the rent -assisted designation because it helps qualifications for federal funds.) • The Developer stated that this will be an "opened space" complex. However 25+ buildings will be constructed on the small parcel of land. The Developer is an astute and smooth talking businessman from Utah. He told us that "he felt our pain." It is now time to let him feel his own pain as we defeat this development as it goes before the city council on September 21, 1999 at o'clock p.m. The only way we will defeat this future detriment to our neighborhoods is to appear in force at the City Council Meeting. We will need at least 100 people to attend and make our voices heard. We will need to voice alternative solutions and not just complaints. If you want to keep crime low, maintain a family friendly neighborhood, and not lose value on your home, you will need to help. The first priority is to attend. The second would be to sign the petition below. Thank you for your help defeating this development. Even if you signed the last petition, please do so again for the City Council. Please fill out the bottom of this page and return it to �� I I Dear members of the Meridian City Council. I oppose the construction of the Sundance Apartment Complex that is to be built on Overland and Locust Grove and request that the City of Meridian approves develop Namemh0 7e,tom, 'dian neighborhoods. Signature Address `S • �� 1-1:hone APARTMENT COMPLEX ON LOCUST GROVE AND OVERLAND IS APPROVED BY PLANNING AND ZONING DATE: September 1, 1999 TO: Homeowners Adjacent to Locust Grove and Overland FROM: Group For Strong Family Neighborhoods RE: Next Steps to Defeat Construction of Apartment Complex On August 25t', the Meridian Planning and Zoning Commission approved a request for rezone on land West of Locust Grove and North of Overland. The Commission also approved a plan to develop a 300 - unit apartment complex on that land. The Following are key points of the meeting: • The Ada County Highway and Sewer Departments gave quick recommendations for the re -zone even when future expansion of Overland is not completely clear. • The Meridian School District recognizes capacity problems and gave a reluctant approval. • The Commission recognized opposition testimony and 60 signatures but still approved the complex. • The Developer set aside a portion of the development for rent -assisted, lower income housing. (The City of Meridian likes the rent -assisted designation because it helps qualifications for federal funds.) • The Developer stated that this will be an "opened space" complex. However 25+ buildings will be constructed on the small parcel of land. The Developer is an astute and smooth talking businessman from Utah. He told us that "he felt our pain." It is now time to let him feel his own pain as we defeat this development as it goes before the city council on September 21, 1999 at i'. ?,O o'clock p.m. The only way we will defeat this future detriment to our neighborhoods is to appear in force at the City Council Meeting. We will need at least 100 people to attend and make our voices heard. We will need to voice alternative solutions and not just complaints. If you want to keep crime low, maintain a family friendly neighborhood, and not lose value on your home, you will need to help. The first priority is to attend. The second would be to sign the petition below. Thank you for your help defeating this development. Even if you signed the last petition, please do so again for the City Council. Please fill out the bottom of this page and return it to 1938 Elkhound On or before Sept. 17. Dear members of the Meridian City Council. I oppose the construction of the Sundance Apartment Complex that is t e built on Overland and Locust Grove and request that the City of Meridian approves developments add value to *ridian neighborhoods. Name Signature (� (P j% U, L71, Address 13 S U V Phone r APARTMENT COMPLEX ON LOCUST GROVE AND OVERLAND IS APPROVED BY PLANNING AND ZONING DATE: September 1, 1999 TO: Homeowners Adjacent to Locust Grove and Overland FROM: Group For Strong Family Neighborhoods RE: Next Steps to Defeat Construction of Apartment Complex On August 25`h, the Meridian Planning and Zoning Commission approved a request for rezone on land West of Locust Grove and North of Overland. The Commission also approved a plan to develop a 300 - unit apartment complex on that land. The Following are key points of the meeting: • The Ada County Highway and Sewer Departments gave quick recommendations for the re -zone even when future expansion of Overland is not completely clear. • The Meridian School District recognizes capacity problems and gave a reluctant approval. • The Commission recognized opposition testimony and 60 signatures but still approved the complex. • The Developer set aside a portion of the development for rent -assisted, lower income housing. (The City of Meridian likes the rent -assisted designation because it helps qualifications for federal funds.) • The Developer stated that this will be an "opened space" complex. However 25+ buildings will be constructed on the small parcel of land. The Developer is an astute and smooth talking businessman from Utah. He told us that "he felt our pain." It is now time to let him feel his own pain as we defeat this development as it goes before the city council on September 21, 1999 at The only way we will defeat this future detriment to our neighborhoods is to appear in force at the City Council Meeting. We will need at least 100 people to attend and make our voices heard. We will need to voice alternative solutions and not just complaints. If you want to keep crime low, maintain a family friendly neighborhood, and not lose value on your home, you will need to help. The first priority is to attend. The second would be to sign the petition below. Thank you for your help defeating this development. Even if you signed the last petition, please do so again for the City Council. Please fill out the bottom of *hia -, no �nA rPfiirn it to Dear members of the Meridian City Council. I oppose the construction of the Sundance Apartment Complex that is to be built on Overland and Locust Grove and request that the City of Meridian approves developments that add value t1�(,J,7l�M!(�/)radian neighborhoods. -bse_ /� Name Si Address APARTMENT COMPLEX ON LOCUST GROVE AND OVERLAND IS APPROVED BY PLANNING AND ZONING DATE: September 1, 1999 TO: Homeowners Adjacent to Locust Grove and Overland FROM: Group For Strong Family Neighborhoods RE: Next Steps to Defeat Construction of Apartment Complex On August 25h, the Meridian Planning and Zoning Commission approved a request for rezone on land West of Locust Grove and North of Overland. The Commission also approved a plan to develop a 300 - unit apartment complex on that land. The Following are key points of the meeting: • The Ada County Highway and Sewer Departments gave quick recommendations for the re -zone even when future expansion of Overland is not completely clear. • The Meridian School District recognizes capacity problems and gave a reluctant approval. • The Commission recognized opposition testimony and 60 signatures but still approved the complex. • The Developer set aside a portion of the development for rent -assisted, lower income housing. (The City of Meridian likes the rent -assisted designation because it helps qualifications for federal funds.) • The Developer stated that this will be an "opened space" complex. However 25+ buildings will be constructed on the small parcel of land. The Developer is an astute and smooth talking businessman from Utah. He told us that "he felt our pain." It is now time to let him feel his own pain as we defeat this development as it goes before the city council on September 21, 1999 at f: 30 p,61, dole -ase, P Lan. -Eo a.4+ex�_J The only way we will defeat this future detriment to our neighborhoods is to appear in force at the City Council Meeting. We will need at least 100 people to attend and make our voices heard. We will need to voice alternative solutions and not just complaints. If you want to keep crime low, maintain a family friendly neighborhood, and not lose value on your home, you will need to help. The first priority is to attend. The second would be to sign the petition below. Thank you for your help defeating this development. Even if you signed the last petition, please do so again for the City Council. Please fill out the bottom of this Daee and return it to Dear members of the Meridian City Council. I oppose the construction of the Sundance Apartment Complex that is to be built on Overland and Locust Grove and request that the City of Meridian approves developments that add value to Meridian neighborhoods. Address Phone I�Y% Z4�1 1;15-- Dear ;1r APARTMENT COMPLEX ON LOCUST GROVE AND OVERLAND IS APPROVED BY PLANNING AND ZONING DATE: September 1. 1999 TO: Homeowners Adjacent to Locust Grove and Overland FROM: Group For Strong Family Neighborhoods RE: Next Steps to Defeat Construction of Apartment Complex On August 25h, the Meridian Planning and Zoning Commission approved a request for rezone on land West of Locust Grove and North of Overland. The Commission also approved a plan to develop a 300 - unit apartment complex on that land. The Following are key points of the meeting: • The Ada County Highway and Sewer Departments gave quick recommendations for the re -zone even when future expansion of Overland is not completely clear. • The Meridian School District recognizes capacity problems and gave a reluctant approval. • The Commission recognized opposition testimony and 60 signatures but still approved the complex. • The Developer set aside a portion of the development for rent -assisted, lower income housing. (The City of Meridian likes the rent -assisted designation because it helps qualifications for federal funds.) • The Developer stated that this will be an "opened space" complex. However 25+ buildings will be constructed on the small parcel of land. The Developer is an astute and smooth talking businessman from Utah. He told us that "he felt our pain." It is now time to let him feel his own pain as we defeat this development as it goes before the city council on September 21, 1999 at 8L00 o'clock p.m. The only way we will defeat this future detriment to our neighborhoods is to appear in force at the City Council Meeting. We will need at least 100 people to attend and make our voices heard. We will need to voice alternative solutions and not just complaints. If you want to keep crime low, maintain a family friendly neighborhood, and not lose value on your home, you will need to help. The first priority is to attend. The second would be to sign the petition below. Thank you for your help defeating this development. Even if you signed the last petition, please do so again for the City Council. Please fill out the bottom of this page and return it to Dear members of the Meridian City Council. I oppose the construction of the Sundance Apartment Complex that is to be built on Overland and Locust Grove and request that the City of Meridian approves developments that add value to Meridian neighborhoods. Address UITY NIEE'RIDIAN Phone -9 Lo�