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Home My WebLink AboutSundance AZTRANSMITTAL 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 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: 0. HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place t0 Live (208) 884-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING RON ANDERSON DEPARTMENT KEITH BIRD (208) 884-5533 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 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: CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 • Phone: (208) 888-4433 Fax: (208) 887-4813 • 0 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 1RWF,rvED MAY 2 7 1999 cl,ry t) { ;NJ);)tmm PIAI- - tib ACRES OF LAND IN PROPOSED ANNEXATION: 2 0.3 5 Vacant with 2 abandoned houses and a small PRESENT LAND USE: 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 P gPOSE6ifflqINNG 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, ORPLANNER;Pinnacle Engineers PHONE: 887-7760 ADDRESS: 870 North Lindor, Suite B, Meridian, ID 83642 OWNER(S) OF RECORD: 3 owners, see attached title PHONE: work ADDRESS: Signature of Applicant 0 • . APPLICATION FOR ANNEXATION AND ZONING AND REZONE 1. 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 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 I 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 (a3of 3 gul- ,f,4 44 77 Td Ia,,- , (-)" %� Z6a 0 �Z,4' S�1�2-1,S z 13 ��,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 Phylfi windell SUBSCRIBED AND SWORN to before me the day and a first above written. a�1pa: t+�; 3.ed �dfag t�lBS`e Notary P blic for Idaho u ' Residing at 41 lot Co' oqo+ My Commission Expires: �scR<ewaaa5 • 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 fit'% , 1999. Rex an hyllis Switfdell SUBSCRIBED AND SWORN to before me the day first above written. / s' Notary P blic for Idaho Residing at My Commission Expires: 0 0 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 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 .Z day of lei( L;i� , 1999. Locust by SUBSCRIBED AND SWORN to before me the LLC French, as managing member and year first above written. Notary lic for IdahAk o 1 � Residinsion e My C Expires: 0 STATE OF IDAHO ) ss COUNTY OF ADA ) • AFFIDAVIT OF LEGAL INTEREST 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 is the subject of the application. Dated this 'Z -1(a —day of k q. by 1999. Properties, LLC as managing member SUBSCRIBED AND SWORN to before me the day and year first above written. °�;�°•®"® '�F�° N tk Public for Idaho a � o A "�w� Riding at H My Commission Expires: LU Z -a p • 0 • 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: 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. 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 1- day of V" !L q , 1999. by The Idaho I>g Corporation, an Idaho Corporation Pres. SUBSCRIBED AND SWORN to before me the day and year first above written. RTHI O +.�; of gubli�for Ida off` -r0 v �� .,• ••• •, esi at oK A R Y�I 0o J 'W.• G mmission Expires: . i` % PUsvfl�O�s • '�. J'••'••••••••• QPM 0 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: 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 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 , 1999. by The Idjng Corporation, an Idaho Corporation French, Pres. SUBSCRIBED AND SWORN to before me the day and year first above written. 111/11111/flfl M . C4 P" tary fu6lic for Idaho �`�� •°°°°° •��, �'� Residing ato,'yC off;°�p`C ARy � My Commission Expires: I& ZUo y :* 'Ousoo s*% .4b of Boa.., �t11111111111` 0 132 South 600 East Salt Lake City, UT 84102 Telephone: (801) 363-2277 Facsimile: (801) 363-1912 TRANSMITTAL MEMORANDUM TO: Brad Hawkins -Clark, Assistant Planner CITY OF MERIDIAN FROM: Mark Cohen SUNDANCE,L.C. • DATE: May 26, 1999 SUBJECT: Tax Parcel #51118449050 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. 0 • 4. Legal Description 0 0 • 0 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 SEF/4; thence along the South line of said SEI/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 N89044718"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 Overland Road and the POINT OF BEGINNING; Thence leaving said North right-of-way N29002'44"W a distance of 510.98 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 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, S89°33'36"E a distance of 703.13 feet to a right-of-way monument at STA. 2365+00; Thence S83"45'1 r'E a distance of 200.65 feet to a right-of-way monument at STA.2370+00; Thence S89934'1 VE 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 the said South right-of-way and along the said West right-of-way S00031'58'9N a distance of 44.69 feet to a $18 inch rebar; Thence leaving said West right-of-way S89°43'59"W a distance of 366.22 feet to a 5/8 inch rebar; Thence S00'43'42"E a distance of 238.08 feet to a 5/8 inch rebar, Thence S32°23'17"E a distance of 310.53 feet to a 5/8 inch rebar; Thence S421'11 1'42"E a distance of 166.40 feet to a 5/8 inch rebar; Thence SaV28'30"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 5/8 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 less and ct to all existing easements and rights-of-way on record or implied. 0 • ALL (Fite P178092) 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 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 996.99 feet along the East line of said Section 18 to a point; thence S89"43'57W 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 S0094342"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"32'53'1N a distance of 12.72 feet to a point; Thence S89059'58"W a distance of 403.16 feet to a point; Thence N38°20'21 "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, S89"33'36"E a distance of 703.13 feet to a right-of-way monument at STA. 2365x-00; Thence S83°45'17"E a distance of 200.65 feet to a right-of-way monument at STA. 2370+00; Thence S691134'1 I 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-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.Pi, `sol' )00 Zt:2t, �51,PV'44 0 0 Parcel I (Fife 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, boars S89044'18W a distance of 2013.27 feet; thence NW1542"W a distance of 25.00 feet to a 518 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 N26046'14V 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 N89°3r04"E a distance of 707.40 feet to a point; Thence S00°43'42"E a distance of 208,06 feet to a 5/8 inch rebar; Thence S321'23'1T'E a distance of 178.00 feet to a 1/2 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. 0 0 • 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 S89°44'18"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 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 N89044'18"E a distance of 180.99 feet along the North right-of-way of Overland Road to a 1 inch iron pipb 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 fest to a 5/8 inch rebar; Thence leaving said right-of-way of Overland Road N00031'11"E 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 robar; Thence S42036'1 5"E a distance of 27.23 feet to a 518 inch rebar; Thence N89043'26"E a distance of 125.52 feet to a point on the West right-of- way of Locust Grove Road; Thence N00931'58"E 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 N89028'30"W a distance of 99.25 feet to a 518 inch refer; Thence N42'11 1'42'W a distance of 166.40 feet to a 5/8 inch rebar; Thence N32123'1 7"W a distance of 132.53 feet to a 1/2 Inch rebar; Thence N89044'44W 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 6EGINNING. Said parcel contains 5.02 acres more or less and is subject to all existing easements and rights-of-way on record or implied. -'--<, 0 9q • • r� U Parcel fli ()Fite 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 SEI/4 S89'44'18"W a distance of 635.75 feet to a point. from which the S1/4 corner 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 and the POINT OF BEGINNING; Thence N29"02'44"W a distance of 610.98 feet to a 5/8 inch rebar: Thence N68122'27"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 S26946'14"E a distance of 656.30 feet to a 1 inch iron pipe; Thence S89044'1 8'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. • (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 corner of the SE1/4; 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 N69044"! 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 N00131'11"E a distance of 305.70 feet to a 5/8 inch rebar; Thence N89943'28"E a distance of 104.17 feet to a 5/8 inch rebar; Thence S42936'15"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 500031'58"W a distance of 285.63 foot to a 518 inch rebar; Thence leaving the West right-of-way and along the said North right-of-way of Overland Road S89144'1 8"W a distance of 248.24 feet to the POINT OF BEGINNING. Said parcel contains 1.68 acres more or loss and is subject to all existing easements and rights-of-way on record or implied. 0 C: 0 • 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 u�i- day of /0" 11999. • Sundance, L.L.C. -'57 By "/ Z-' ark b."Cohen, Member SUBSCRIBED AND SWORN to before me the day and year first above written. c otary Public for Utah Residing at S&V-, !dY- �c-�21, G{4L My Commission Expires: D 07 TV NOTARY PUBLIC Es' `� Debra Harris -Mercer A66. �M 132 South 800 East a Salt lake City. Utah 84102 MY CJu y 0 1999 "j° STATE OF UTAH L • 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: I have read the entire contents of this application and verify that the information contained therein is true and correct. Dated this day of 222±2 Sundance, L.L.C. L' By Mark B. Co hen, Member SUBSCRIBED AND SWORN to before me the day and year first above written. o ary Public for Utah Residing at S� IA&e_j!j4 , Gti� My Commission Expires: 0 4��aw The N' TO ARY PUBLIC �.� Debra Harris -Mercer " 132 South 800 East Salt Lake City, Utah 84102 MY Commission Expires ,ora July 10. 1999 STATE OF UTAH 0 tmmitgmentlo Irsure ALTA C ommrtmen, - I lu Rev. CDs? * * 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 * * * * 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. ORT Form 2526 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 (612)371-1111 By President .til.. Attest Secretary 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: P178092 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 HAWE COLLIERS INTERNATIONAL 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 ATTN: CRAIG R. MCGILLOUGH 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 Escrow Inquiries should _be -directed _to: __ ___ Title Inquiries_ should be directed to: JANET BLOSCH HAROLD E. HUSTON SR. ESCROW OFFICER (373-3750) VICE PRESIDENT (PHONE 373-3679) 821 W. STATE ST. 8151 W. RIFLEMAN BOISE, ID 83702 BOISE, ID 83704 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: FEE SIMPLE 4. Title to the fee 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 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 SOUTH 89 DEGREES 43'59" WEST A DISTANCE OF 386.22 FEET TO A 5/8 INCH REBAR; THENCE SOUTH 00 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 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 FILE NO.: P.178092 �y • 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 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 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 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 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 5/8 INCH REBAR ON THE SOUTH RIGHT OF WAY OF INTERSTATE 8ON/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 >2 1 1 1 1 I I 1 , I I I I I I I = 1 I 1 1 1 1 1 1 1 I 1 1 1 1 I � � 11 1 ( 1 1 1 I 1 I 1 1 1 I I I l yOJJ i t'7'I � >`r)>p M j � �• � � 1 1 q I M t OO! I= I ! I 1 I I 1 I I 1 ' 1 I�1 I I 1 i i 'PJp i it SLOG! 1 I OSSptt 1�✓p0 I `�j- i ' I �� 1 1 /oll I ! 1 1 1 � r m — e a + 1 1 I I I fro o , w � r r a - �- � 61I9L9SL999 I I I 1 1 1 I j j 1 I I 1 1 1 1 I 1 a all 1 1 I 1 1 I I 1 1 1 I 11 1 1 a I I 1 I 1 I I 1 1 I 1 I I I a a I I 1 I 1 1 I I I 1 1 1 I I 1 I I 1 I 1 I 1 1 -- - ---------------------------------------------_--------_- 1 1 1 1 I 1 a �u� ��. COMM.JTMENT FOR'TITLF*IN$UR SCHEDULE C ;. Fde Nunn er: P133529 The tand referred to in this Commitment Is described as follows: i'7s�:gf1U�:3:5 PAA :BEGINNING AT THE SOUTHEAST CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE LEAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; THENCE NORTH 370.58 FEET TO A POINT; THENCE NORTH 89 DEGREES 28'30" WEST 12426 FEET TO A POINT; THENCE NORTH 42 DEGREES 11'42' WEST 166.40 FEET TO A: POINT. THENCE NORTH 32 DEGREE$ 23'1- 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 56'59* WEST 516.04 FEET TOA POINT; 'THENCE SOUTH 89 DEGREES 59'S5" 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. THENCENORTli 89 DEGREES 37'04 EAST 913.58 FEET TO A POINT; THENCE SOUTH 0 DEGREE 43'42' EAST 238.08 FEET TO A POINT; THENCE SOUTH 32 DEGREES 23'1-' EAST 178.00 FEET TO THE REAL POINT OF BEGINNING ACCEPTING THEREFROM: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, JDAHO; 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 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 DEGREES 23'1 T EAST 178.00 FEET TO THE REAL POINT OF BEGINNING D PROPERTY AS A PORTION OF IT EXISTS IN THE ExCEPTING THEREFROM THE FOLLOWING DESCRIBE ABOVE DESCRIBED PARCEL I; A TF[ACT 9F 6M 0 ,OtTVATED IN T)4P- SOUTH 1 J2 OF THE NORTt1 1 I2 QF THE SOUTHEAST 1 J4 OF THE SOUTHEAST 114 OF SECTION 181 TOWNSHIP 3 NORTH, liniJ0E i €AST, BOISE M€RIDIAN. 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 LINS OF SAID SECTION 18 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 THEWEST A DISTANCE OF0411.03 FEET TOA FOUND STEELT 1/4 OF THESPIN, SAID PIN BEING THE POINT OF 1/4 OF SECTION 18 SUTH 89GREES 43'45" BEGINNING. CONTINUED P-t335299ZQOQba THENCE LEAVING SAID NORTHERLY LINE SOUTH 88 DEGREES 51'33'.W..EST'APISTANQ.,-914.* F 914;38 FEET TO A SET STEEL PIN ON THE WESTERLY LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1 /*QF SECTION 18, THENCE ALONG SAID WESTERLY LINE NORTH 00 DEGREE 29'49" FAST A DISTANCE.OF 1247`FEET,TQ A SET STEEL PIN MONUMENTING THE NORTHWEST CORNER OF THE SAID SOUTH 1/21,0177W 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. PA ELI 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,:IDAHOc DYING SOUTH OF THE RIGHT OF WAY BOUNDARY OF INTERSTATE 80 NORTH, PROJECT NO. 1.80NA (29):45 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; QEGINNING AT THE SOUTHEAST CORNER OF SECTION 18. TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUN:'Y, IDAHO; THENCE NORTH 370.5B 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 132.53 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 r OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY AS A PORTION OF IT EXIST$ IN THE ABOVE DESCRIBED PARCEL III; A TRACT OF I AND SITUATED IN THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 1B. 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 LEAbING 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 112 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 3AID 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 MONUMENT114G 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, TilENCE LEAVING SAID WESTERLY LINE ALONG THE NORTHERLY LINE OF THE SAID SOUTH 1/2 OF THE NORTH I /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 BEGINNIN3. CONTINUED P433529 PARCEL IV A TRACT OF LAND SITUATED IN THE SOUTH 1/2 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 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 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 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 Rnimitmentlo Insure ALTACommitment - 1970 Rev. t_. opt Cxo.xrerqef� IR r:t8o(kul * 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 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 8 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 By President AuthorizeSignatoryiee-G 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.000NTY 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 ref erred 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 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 >Z ' I I 1 , I I I I I I II I C I'✓saj �+ � � �'i� i I 1 ' 1 1 1 I I _- rl 1 I s 1 1 I e 1 I I 1 « I 1 1 1 r I I 1 1 I � 0lSOL4SLOItl m 7 I� I 1 1 1 1 I 1 I I 1 1 I w 1 1 1 1 1 1 1 1 I I I I I I 1 1 I I I 1 I I I e e I 1 1 1 1 I I I I 1 I c I I I I I 1 1 1 I I I I 1 1 1 I I I 1 1 1 I ---- --30 I I -__--_--_- _______________________ - ---__-_-_-_------------___-___-- i- ---------- ' I 1 I -Kj �i fv---------------�-- -- -- -- ----- 1 1 I I I, 1 1 I 1 1 1 I �� I I 1 1 I I I 1 I II I I %I I I I I IL ATF -96064997 -BP CORRECTION TRUSTEES DEED 9705`t996 .i. D VAit"I`0 ae,SLE IBJ ALLIANCE TITLE '97 JUL 11 16 FEECisEF REC0Fi0E:) A Y i QUEST 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 ocust Grove Properties; LLVda%-6O-r*83702f whse business address is 1109 Main reet, Suite 500, Boise, 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 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 2, r r, (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.Wles C.ust, Esq. has caused his name to be hereunto subscr' ed/this 8 day of July, 1997. / CRAAELE9'.1r%1,3`U3T._ STATE OF IDAHO ) )ss 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 �_.subscribed°•to the'foregoing instrument and acknowledged to me that. - ho' o' 13tecuted the same. : ANIS WITNESS WHEREOF, I have hereunto set my hand the day and year first above written. t' NOTARY PUBLIC F R IDAHO' J �, ;�' • ' 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 It' 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 44118" East 104.20 feet to a steel, pin; thence South 42 degrees 11142" 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 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. Y 'ADA C O. RECORDER CENTRAL J D �* FJ"D"X*4 1 NO. •• DISTRICT 8OWi a HEALTH .qqA C.D.O'�RgqE�pC�O''R��D,n�E,,77R. DEPART �'�"' �gFf>CT•�`sos6tpgNGpE • 9Oipjpe54J7Sw1 . FAX 327 Toyrrrewl awl A•ar � awl droitttry: b • Md le/road awdproPW# the beck* A d grolltxOA aJowr swvfravrwt 96-1018 RE 0 B'' .R]ER s•,_ .. , August 28, 1996 '96 OCT 7 fl1710 27 FEEA ZDEP RECORhE RE VEST OF David Navarro :• Ada County Recorder �'50;Main Street .-..Boise, --lelaho 83702 y Re 1545 S..Locust'Grove, Meridian, Idaho SIN SEW Section 18 T3N,RIE, Ada County ;Parcel '# 51118449300 f. Dear Mr. Navarro: r -Central District=:Health"is requestingthat this document be recorded .in the. county: records. The subsurface sewage disposal :.'system for 1545'S '-Locust Grove, (SE;( SEW Section 18 T3N R113) has Y .failed and :'the' residence must , be .connected .to the Meridian City Sewer..System -,Sewage_ effluent is 'discharging on to the ground saurface .which is a public 'health hazard, and violation - of' Title 1, Chapter 3, ,Regulations for Individual/Subsurface Sewage Disposal Systems. Sincerely,.. Thomas S. Sc ENS.' _ :Senior Environmental Health Specialist ce;'' 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 Serving VaHay. Ehwre. Boiu, and Ada Lowndes ADA/W6E000MtYOM WMCOMOW VAMOOUMMOfi10E 707NMn0WQPbx SDE&hSs ?kM P.O. em 144E WO&D 83704 25 m mamm".D WOAD 8363E Fh =W1 8 WRL5V-Va FIt634 94 r 1 t %mmitment, To Insure ALTA' Commitment - 1970 Rev. Sw�(Jak 'p l�Bo43 # * 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 * * * 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. ORT Form 2626 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 t612/ 371-1111 By + President Attest Secretary • 1 • 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: P178093 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: 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 Title Inquiries should be directed to: HAROLD E. HUSTON VICE PRESIDENT (PHONE 373-3679) 8151 W. RIFLEMAN BOISE, ID 83704 Amount Premium $1,475,000.00 $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 fee 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 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 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 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 43'28" 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 Number: P178093 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 OVERLAND 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 22'27" 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 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 THESOUTH1/4- -- 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 43'28-- 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 4444" 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 OVERLAND 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 22'27" 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 W 0 r� 1 1 1 , - , I, , w i t N 2 w A�' s ael WI' M �I� 1 I I 1 I 1 u 11 I I I 1 1 1 1 I 1 1 1 1 ' I 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 I 1 I I i I I e 1 1 I 1 I I 1 I 1 1 1 I f1 1 1 I 1 I I 1 I 1 1 I 1 1 1 1 I 1 1 1 I 1 I 1 I t 1 1 t 1 1 1• 1 I 1 1 1 I 1 I 1 1 e 1 1 I 1 1 1 I rtl � I 1 m M 1 e _ � o,io�asioee � Z , I I i i 1 � 1 I i1 I 1 all - 1 1 I 1 1 , 1 1 e �� 1 1 1 Y i 11 _ 1 1 _ 1 1 1 1 1 I 1 1 I I 1 1 1 I 1 1 i 11 11 1 I 11 11 -----�� a- _ _ _ _ _ _ _ 1 1 f _______-___ - -- - -1 I ��____-___r_____--..__-_-____----------- ------------ 1 _- i _____ - ---__----------------------- -----------I I r• -15 :�....q 7061826 AGA C,,. r,=coRDER ,i. D01D .11AVARRO GC A Pioneer Company + l301, , ID PIONEER TITLE PIONEER TITLE COMPANY n OF ADA COUNTY � 9'8Z•AG 1 PI I 8151 W. Rifleman Ave / Boise, Idaho 83704 / (208)377- 700 FE...LL 9QFOf WARRANTY DEED (CORPORATE FORD Ann 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 S • nrtlgT GROVE r Nn PARCELS 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 quorum. 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) By: '1I CHARD OB ".— PRESIDENT Attest: SECRETARY STATE OF IDAHO —County of Ada , ss. On this 16 da saatiwdin the year of 1997 , before me Diane Ke11091 RE •y , a notary public, per- sonallyep T known or i fi epJf a iso _who executed the instrument on behalf of said corporation, and acknowledged to me that �i� t the'. * AfjBL1C, d'�, '•. ••. O ��•`� Notary Public: �•• 'f j •••«• !��` �` Residing at: 0188 •�p„pa��0 My Commission Expires: 03/25/03 Residing at Boise, ID 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 O DEGREES OS' 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. BON; 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 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' 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' 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 47 cerr. mdL;l<<�9a • PSC DEVELOPMENT COMPANY PROPPRTY OWNERS HON WILLIAM ETAL EDMUNDS JAY C & ETHEL N PO BOX 828 1500 S TEARS AVE BOISE ID 83701-0828 MERIDIAN ID 83642-6651 S LOCUST GROVE RD S TEARS AVE 560 STRATFORD DR 1205 S LOCUST GROVE RD LOCUST GROVE PROPERTIES LLC S LOCUST GROVE RD 1109 MAIN ST SUITE #500 MACGOWAN MICHAEL L BOISE ID 83702 15541 ORCHARD AVE 1545 S LOCUST GROVE RD CALDWELL ID 83605-8321 S LOCUST GROVE RD GUNDER DAVID & MORRISON LINDA 1180 S LOCUST GROVE RD TREASURE VALLEY BAPTIST CHURCH MERIDIAN ID 83642.6206 1300 S TEARE AVE MERIDIAN ID 83642-6614 .JOHNSON GREGORY 6 & HEIDI M PO BOX 344 IDAHO KING CORPORATION THE MERIDIAN ID 83680 1109 MAIN ST STE 500 1780 E OVERLAND RD BOISE ID 83702-5641 1305 N LOCUST GROVE RD PLAYGROUND INC 4098 N JULLION WAY EL PASO NATURAL GAS CO BOISE ID 83704-2763 • N W PIPELINE CORP 1780 E OVERLAND RD PO BOX 8900 SALT LAKE CITY UT 84108 OVERLAND 16 LLC S LOCUST GROVE 6223 N DISCOVERY WAY BOISE ID 83713 SWINDELL MAX & BLANCHE AND E OVERLAND RD SWINDELL REX A & PHYLLIS STEPHEN W FRENCH FARRELL ART V 1109 MAIN ST PATRICIA PARKS SUITE #500 32 W PROSPECTORS DR BOISE 10 83702 CASCADE ID 83611 E OVERLAND RD 1695 S LOCUST GROVE RD 1495 S LOCUST GROVE RD SPORTSMAN POINTE OWNERS DOBSON HOYT C & MARY A ASSOCIATION 600 W 76TH AVE APT 303 6223 N DISCOVERY WAY ANCHORAGE AK 99518-2566 BOISE ID 83713 1230 E OVERLAND RD E OVERLAND RD TREASURE VALLEY BAPTIST SPORTSMAN POINTE OWNERS CHURCH INC ASSOCIATION INC 1300 S TEARS PO BOX 344 MERIDIAN ID 83642 MERIDIAN ID 83680-0344 E OVERLAND RD 0 • JOHNSON GREG B PO BOX 344 MERIDIAN ID 83680-0344 1632 S LABRADOR PL BORUP CONSTRUCTION INC 2250 N MERIDIAN RD MERIDIAN ID 83642-1601 1629 S LABRADOR PL 1651 6 La-brador 01. BONAR SCOTT D 8i SONAR AMY J 1620 S SPORTSMAN WAY MERIDIAN ID 83642-6684 PHAKDY SAM & PHAKDYMANIVONG BANGONE 1362 E SHEPHERD ST MERIDIAN ID 83642-6694 MORTENSEN DAVID H 1328 E SHEPHERD ST MERIDIAN ID 83642-6694 REDENBO NEWTON C & REDENBO CHRISTI L • 1654 S LABRADOR PL MERIDIAN ID 83642 BORUP CON TION INC 2250 N IAN RD ID 83642 S LABRADOR PL FLINT BRUCE L & KATHRYN M 1648 S SPORTSMAN WAY MERIDIAN ID 83642-6684 SHOEMAKER JAMISON R & TAMI L 1664 S SPORTSMAN WAY MERIDIAN 10 83642-6684 WARTMAN KIRK C AND DILLON SUSAN 1379 E SHEPHERD ST MERIDIAN ID 83642-6694 JACOBS MARIE R 1661 S LABRADOR PL MERIDIAN ID 83642 • • DROLLINGER KELLI & SCOTT 1670 S LABRADOR PL MERIDIAN ID 83642 MCCOY RODNEY B & MCCOY BARBARA A 1692 S SPORTSMAN WAY MERIDIAN ID 83642 ** TOTAL PAGE.03 ** FAIII, . • • 0 6 TRANSMITTAL MEMORANDUM TO: Brad Hawkins -Clark, Assistant Planner CITY OF MERIDIAN Via Facsimile: (208) 887-1297 FROM: Mark Cohen PSC DEVELOPMENT COMPANY DATE: May 25, 1999 132 South 600 East Salt Lake City, UT 84102 Telephone: (801) 363-2277 Facsimile: (801) 363-1912 \O SUBJECT: Application for Annexation & Zoning & Rezone As per our telephone conversation, I am writing to confirm that you will provide the following information for our Application for Annexation & Zoning: 13. Thirty (30) copies of a vicinity map of a scale of one (1) inch equals three hundred (300) feet. 14. A list of the mailing addresses of all property owners within three hundred feet (300') of the external boundaries of the land being considered. Thank you for your assistance. NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on September 21, 1999, for the purpose of reviewing and considering the application of Sundance, LLC for annexation and zoning of approximately 20.35 acres of land, which is generally located north of Overland Road and west of Locust Grove Road. The application requests an R-15 zoning. Further more, the application requests a conditional use permit for 300 units of multi -family rentals R-15, which is generally located north of Overland Road and west of Locust Grove Road. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 31$t day of August, 1999. --- ANGa SIMS, DEPUTY CITY CLERK PUBLISH September 8 and 15, 1999. a O V Z W 2 IL O J W W a V U) IL CL a z v 0 CD 0 0 m 0 0 M 0 ** TX CONFIR4&N REPORT ** DATE TIME TO/FROM 07 08/31 12:59 208 888 1097 AS OF AUG 3110 12:59 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'31" 001 235 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on September 21, 1999, for the purpose of reviewing and considering the application of Sundance, LLC for annexation and zoning of approximately 20.35 acres of land, which is generally located north of Overland Road and west of Locust Grove Road. The application requests an R-15 zoning. Further more, the application requests a conditional use permit for 300 units of multi -family rentals R-15, which is generally located north of Overland Road and west of Locust Grove Road. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 31st day of August, 1999. 0"ad, jx;.,4 ANGa SIMS, DEPUTY CITY CLERK PUBLISH September 8 and 15, 1999. NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on July 13, 1999, for the purpose of reviewing and considering the application of Sundance, LLC for annexation and zoning of approximately 20.35 acres of land, which is generally located north of Overland Road and west of Locust Grove Road. The application requests an R-15 zoning. Further more, the application requests a conditional use permit for 300 units of multi -family rentals R-15, which is generally located north of Overland Road and west of Locust Grove Road. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 21th of June, 1999. PUBLISH June 23 & July 7, 1999. i 0 NOTICE OF HEARING • NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on July 13, 1999, for the purpose of reviewing and considering the application of Sundance, LLC for annexation and zoning of approximately 20.35 acres of land, which is generally located north of Overland Road and west of Locust Grove Road. The application requests an R-15 zoning. Further more, the application requests a conditional use permit for 300 units of mufti -family rentals R-15, which is generally located north of Overland Road and west of Locust Grove Road. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 21"' of June, 1999. WILLIAM G. BERG, JR 1 -CLERK PUBLISH June 23 & July 7, 1999. �.•�`�,� OF `f'h, �1 O NO bLi Z00 .££,00 S--03 snid1S #QW0 Sod 03S/NIW 3QOW Nd I Q 16314 d0 Al 10 L60I BBB 802 bS:60 TZ/90 W0N-1/O1 3W I1 31W Z0'30W SS:60 66, TZ Nnr d0 Sd ** 180d38 NOI1dW81.JN00 Xl ** S0 0 ** TX STATUS REPORT ** DATE TIME TO/FROM 30 08/24 1204 8015939328 200 E. CmInk Ste, 201 AAarkfism 10 833 Pi,orw ee« FOC W7-1297 Fax 0 AS OF AUG 24 '99 12:09 PAGE.01 PUBLIC WORKS MODE MIN/SEC PGS CMD4 STATUS EC --S 04'47" 009 051 OK City of Meridian Planning & Zoninr Dept. TO: MarK Cohen F— SonpDaY Faso NO 513-932-8 Data 8 f Z,E I q q Phorm Pagm a rndu*V ooverd*d) Rae Suv,dan(,Q 6p!Uyrweni3 ��r•,rntrli O urgeet VFor ReAsw O Please Co mwm O Plswe Reply o Mmme Rewvi. ** TX CONFIRMASX REPORT ** AS OF AUG 18 612:54 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 05 08/18 12:53 801 363 1912 EC --S 00'34" 002 023 OK ---------------------------------------------------------------------------------------- hriz s MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING C " AGENDA WEDNESDAY, AUGUST 25, 1999 — 6:00 P.M. CITY COUNCIL CHAMBERS CONSENT AGENDA REGULAR AGENDA 1. CONTINUED PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A MULTI- FAMILY 96 UNIT APARTMENT COMPLEX (PROPOSED COBBLESTONE VILLAGE) BY STAMAS CORPORATION/IONIC ENTERPRISE, INC.— SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN. 2. CONTINUED'PUBLIC HEARING: PRELIMINARY PLAT OF PROPOSED ENGLISH GARDENS SUBDIVISION BY PROJECTS WEST --CORNER OF TEN MILE ROAD & CHERRY LANE. 3. CONTINUED PUBLIC HEARING: ANNEXATION & ZONING OF 150.79 ACRES OF LAND (FOR R-4 ZONING) BY BEAR CREEK, LLC —EAST OF STODDARD ROAD & SOUTH OF OVERLAND. 4. CONTINUED PUBLIC HEARING: PRELIMINARY PLAT FOR PROPOSED BEAR CREEK SUBDIVISION OF 326 SINGLE FAMILY DWELLING LOTS --BY BEAR CREEK, LLC —EAST OF STODDARD ROAD & SOUTH OF OVERLAND. 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. MERIDIAN PLANNING & ZONING COMMISSION MEETING: JULY 13, 1999 APPLICANT: SUNDANCE LLC AGENDA ITEM NUMBER: 11 REQUEST: ANNEXATION AND ZONING OF 20.36 ACRES (FOR R-15 ZONING) OF LAND FOR PROPOSED 300 UNITS OF MULTI -FAMILY RENTALS 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 COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 884-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILD(208) DEPARTMENT 08)887-__11 GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887 W � F,J I V- -i LANNING AND ZONING j..' tJ11 DEPARTMENT KEITH BIRD (208) 884-5533 ,1IJ N 0 3 1999 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVEL6!PMiWT 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 ICO DSI 7)0 A A 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 YOUR CONC 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) (' HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live IAN (208) 884-4264 Council Members CITY OF MERID PUBLIC WORKS BUILDING DEPARTMENT CHARLES ROUNTREE 33 EAST IDAHO t 1 ., V , {�q8) 887.2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 i , 1 , j_ � , j Phone (208) 888-4433 •Fax (208) 887-4813 PLAN G AND ZONING RON ANDERSON j U t4 � � 1pp9pESA88ME;j B KEITH BIRD JJ i itv of ��,ri ii:In City Cler'h i)il'ic" 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- REQUEST: Z 99 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: l0 — 8— -/ 2,o wi ct NJc1 r Aue 4'30L�� NUB OF TREASURE VALLEY Mayor A Good Place to Live LEGAL DEPARTMENT ROBERT D. CORRIE (208) 884-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 -07'(C _ ~ ' I _ RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-48)-3 '" NING AND ZONING J g` . ^I O N DEPARTMENT 100r 7 ; 884-5533 KEITH BIRD i (; _08) C 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 A ODq 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: !7 A��k-f 0 Memo The Bnloe Fecidelon Raw Wad Watson, PE CC: File I * no - , 07/09M Ree Sundance AparbTa t Hanes (meat Overland and Locust Grove Roads) RECEIVED JUL 0 91999 City of Meridian City Clerk Office This is In response to your request for sewer capacity Information for the Ten Mie Twk sewer in regards to the proposed project. Again, I was unable to nun the computer model for this project due to what burns out to be rather catastrophic computer problems. The follomrig is a surrxrnary of findings in JUB Engineers' 1998 Sewer Master Plan Update which was adopted last nxxM by Counoi as the official planning document forthe sennrei' system in the Citys Area Cf Impact The JUB report indicated that at the time the computer sewer model was calibrated and analyzed for the existing sewer systern in September 1998, there existed approArnately 760 single family equivalent residential Wits of capacity left in the trunk just above the confluence wiin the Nine Mie Tns* (south of I-&. near the Coca-Cola boft). Since that time, approximately 500 Ids have been, at a muni mxT% ffyough the preliminary plat stage This would leave only about 260 un is of capacity tett. Approximately 60 — 80 acres, not irncludirng this proposed apartment project, is still designated to be ser woad by the Ten Mie Tnuxk. Finally, the JUB model assumes much of the area in which this project is proposed is designated as commercial flow. By designating this area as commercial in the model, the critical peels flows projected are kxnw than what can be expected by introducing residential type development. This is due to the fact that resideritial peal[ flows, at least in Meridian, occur on the weekends when retail and commercial flows are typically much tower Again, the potential Impacts of this developrymernt on the a asting sewer system and the other areas domed to be serviced by this fink are int and 1 recommend adequate computer modeling be done prior to proceeding with final Public Works Department comments. I have been told my computer system dmuld be wri nirng again #award the middle of next week Thank you. From the dealt of.. Bead Wadoa, P -E. Ani" City Engineer Meridian PqW Warks Department 200 E. Carbon St., seW 100 Meridien Idaho M"2-2600 (209)897.2211 FWC(208)887-1297 0 Page 1 Mayor NUB OF TREASURE VALLEY 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 Engineet� 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) 884-5533 • Faz 887-1297 July 9, 1999 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 G le It, 1- RECElvED Statement of Concerns About SEP 2 1 1999 Proposed Sundance Apartment Community CITY OF MERIDIAN From the Meridian Greens Homeowners Association 18 September, 1999 Dear Councilmen: Meridian Greens is a community of almost 300 homes, established over a period of about nine years. During that time, we have seen the city of Meridian more than triple in population. We have witnessed the impact that this population growth has had on the city's supporting infrastructure, including schools, traffic, police protection, and utilities, such as water and sewer. As a neighborhood likely to be directly affected, we are concerned that approval of this Apartment Community will have severe negative consequences on our local infrastructure. We would like specific answers on how the Council and the city plan to deal with our concerns about the following problem areas: Schools — According to Mr. Jim Carberry's report to the Council received 14 July 1999, construction and population of this Apartment Community would add a predicted 99 elementary aged children, 75 middle school aged children, and 68 senior high aged children to our local Meridian schools. In the same report, Mr. Carberry also states that the affected elementary and high schools are currently over capacity (that is, have more students than the school was designed to hold), and the middle school is at capacity until a new middle school is completed Many of us in this and other nearby subdivisions have children in these affected schools and are already troubled by the problems that our overcrowded classrooms cause. Knowing the difficulty of passing school bonds, please explain your plans to ensure a quality education to our children in schools that are currently at or over capacity, and will be well over capacity if this Apartment Community is approved. Traffic — The increased population in Ada County and the construction along I-84 at the 84/184 interchange has slowed rush-hour traffic and caused motorists to seek alternate routes from Canyon County into and out of Boise. It is obvious that one alternate is Overland Road, where we have seen estimates of 2 — 5% per week traffic increases since construction started. Our understanding is that any widening of Overland is not scheduled for three to five (3 — 5) years, which is well beyond the timeframe for completion of the proposed Apartment Community. The construction of recreational areas such as Boondocks and the adjacent Roaring Springs water park has also increased local traffic density independent of the Interstate construction. The traffic at Locust Grove and Overland often backs up with motorists attempting to turn. This Apartment Community with 300 families would significantly increase local traffic along Overland, particularly at the busy intersection with Locust Grove. Also, the additional 240 school age children right next to this increasingly busy street could provide ample opportunities for tragic accidents. Finally, this increased traffic density could slow response times for police and emergency vehicles for all communities in the affected area. Please address our concerns about how the city plans to deal with the problems of increased traffic density along our local community's major East/West street in order to provide safety for the families and children in our neighborhoods. Police/Fire protection — Even if crime and emergency rates per person remain constant, the almost overnight addition of 300 families will increase the reported incidents in our part of Meridian. This increase would seem to require additional police and fire resources to patrol and handle the increased crime, fire, or emergency problems concentrated in this area. Shifting resources from other areas of Meridian could do this, but would increase response times and decrease coverage in those areas. Another solution would be to increase the department personnel, which would increase city costs. These solutions seem unlikely, given that the Meridian City Council has recently announced budget cuts for the Meridian Police Department. According to a recent article in The Idaho Statesman, Police Captain Dave Bowman is quoted as saying, "We are not keeping up with growth, and in fact, I think we're falling behind" This is the current situation, independent of the additional growth imposed by the proposed Apartment Communitity. Please describe the city's plan to handle the crime, fire, and emergency needs in our local area if this Apartment Community is approved. If additional personnel are planned, please explain where the additional money to fund the increase will come from. Utilities Development along this section of Overland is currently restricted due to lack of access to water and sewer utilities. It is our understanding that new computer models have been run to analyze the planned expansion of the sewer system to accommodate the Apartment Community. We understand that even after the city pays to have a trunk line placed under Interstate 84, the current computer model indicates that there will be areas where the sewer system may back up. Can you explain the city's plan to deal with the water and sewer limitations, or are you planning some other solution for this Apartment Community? Summary — Adding 300 families to a small city can have a major impact on the supporting infrastructure, especially if the addition is concentrated in one area. One way to partially alleviate this impact is to spread out the growth, both m space and time, and try to increase the infrastructure at the same rate as the population. We in Meridian Greens have seen how difficult this is to do with a subdivision of individual homes built up over nine years. While we can understand the city's desire for higher density housing, this project would add an additional 300 families in an area originally zoned for 80 families. These families would be added in the one to two years it would take to complete and populate this Apartment Community. We are deeply concerned about the ability of the City of Meridian to add infrastructure capacity to handle this project. We are also concerned about the cost to the current local residents, both in money and quality of life, to proceed with this project. We want the Council to reject this project until the infrastructure in this area has been developed to handle current requirements as well as an Apartment Community of this size. Thank you for taking the time to listen to and address our concerns in this area. Since ely, I Harmon Avera, Jr. — Presiden Meridian Greens Homeowners Association • Acla CounttiJ"i 9 REc D jut 2 7 CITY OF :tI LALN &Z N`ING� c2)L r 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 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. SA cc: Plan&Dev Svcs-chron/file John Edney Chuck Rinaldi City of Meridian Pinnacle Engineers City CIeri_•,Y19.� 8.-A 5- Z ADA COUNTY HIGHWAY DIS ICT 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 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 ACHD Commission Date - July 7, 1999 - 12:00 p.m. W Ofi u� s' M W O lY CD F- U) U O 1 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.CMM Page 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 30400t wide driveway with 15 -foot radii pavement tapers on Overland Road a minimum of 315 -feet from the future back of curb of Ldcust 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 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 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 $12,000.00 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 Pale 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 for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 2. Dedicate 48 -feet 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 impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 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. Construct a center turn lane on Overland Road from the Overland Road/main driveway entrance intersection to the Overland Road/Locust Grove Road intersection. Construct 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 frill 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 I-84. IICUP9918.CN1N1 Page 4 0 • 7. 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. 1 1. 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. The request shall _specificallyid n i y each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardshipor r inequity. The written request shall be 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. 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 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.CMiM 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. The applicant shall submit revised pians 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 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 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, pians, 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 0 SUPERINTENDENT Christine H. Donnell , June 17, 1999 06 J U L 14 1999 CITY 01` 7"Y'LE' IDIAN 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 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 • wally Hedrick • Holly Houfburg • David wynkoop • Steve Mann 0 BEFORE THE MERIDIAN CITY COUNCIL 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, MERIDIAN, IDAHO BY SUNDANCE, L.L.C. Case No. AZ -99-009 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL 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, I(ohli, Milce 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 SUNDANCE VILLAGE C -A Waite, Ed McCormick, Denise Johnston, Brook Brimhall, I(ent 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. 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 11 10. 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. 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 -bedroom 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 0 • 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 0 • 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. 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 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. 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. 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 § 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 0 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 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 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." 8. 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 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the 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 '5711--4day of P�XP hem , 1999. ROLL CALL: COUNCILMAN ANDERSON COUNCILMAN BENTLEY COUNCILMAN BIRD COUNCILMAN ROUNTREE MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: Z0_5-' q % VOTED VOTED VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER OF DENIAL / SUNDANCE, L.L.C. - PROPOSED SUNDANCE VILLAGE 0 MOTION: APPROVE DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. Dated: l0 ✓�� msg/Z:\Worlc\M\Meridian 15360M\Sundance Vi11age\FFCL0rdAZDENIAL Of C l,fJJ/! � FO SEAL 1Cr ��JJIt.f1 1tltiil�\ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER OF DENIAL / SUNDANCE, L.L.C. - PROPOSED SUNDANCE VILLAGE MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 21 1898 APPLICANT: SUNDANCE LLC AGENDA ITEM NUMBER: REQUEST: ANNEXATION O ING 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 properly of the City of Meridian• Meridian Planning and Oing 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 14tH 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 Oing 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 ring Committee Special Meeting is 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 ping 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. 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 andaing Committee Special Meeting 0 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. 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 Oing 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 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 Oing Committee Special Meeting 0 August 25, 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 Bing Committee Special Meeting 0 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 financial 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 sort of a —this is going to be a green looking very impressive piece of property that will be maintained. It can not—I 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 laing Committee Special Meeting do 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 Ging Committee Special Meeting 40 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. Freckleton: 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 andaing Committee Special Meeting 0 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 ACHD. 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 andaing Committee Special Meeting is 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 in 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 I 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) l Meridian Planning and&ing 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 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? 0 i 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 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 $:oo 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 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 3.1U — 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. 2.1U — 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. SundanceApis.AZ.CUP.doc AZ-99-009/CUP-99-018 0 HUB OF TREASURE VALLEY LEGAL DEPARTMENT Mayor A Good Place to Live (208) 288-2499 • Fax 288-2501 ROBERT D. CORRIE CITY OF MERIDIAN PUBLIC WORKS City Council Members BUILDING DEPARTMENT CHARLES ROUNTREE 33 EAST IDAHO (208) 887-2211 • Fax 887-1297 GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 888-4433 •Fax (208) 887-4813 PLANNING AND ZONING RON ANDERSON City Clerk Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Faz 887-1297 KEITH BIRD j/ 1 August�4, � 1999 MEMORANDUM: A!%,,' u 19 �''; To: Planning & Zoning Commission, Mayor and City Council 7 1tJ From: Bruce Freckleton, Assistant to City Engineer Brad Hawkins -Clark, Assistant Planner r,�C Request for Annexation and Zoning of 20.35 Acres to R-15 with a Conditional Use Re: 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 3.1U — 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. 2.1U — 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. SundanceApis.AZ.CUP.doc AZ-99-009/CUP-99-018 A&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 �characteristicst�of Ten Mile Creek, South,Slough, and and wetlands. Control and preserve beauty Five Mile Creek. 2.lU 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. uses along drainageways and protect the flood plain of creeks 3.1U Manage and prevent unsuitable and drains. ditches 4.1U Developments contiguous to natural waterways, irrigation canals, laterals and drainage 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. of existing vacant 1.12 Land development regulations should be revised to encourage the infilling 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. AZ-99.009/CUP-99-018 sundsnoaApm ALCUP.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, 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 Nampa -Meridian Irrigation District to explore and investigate Department of Fish and Game, and the 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 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 of the be improved and harmonized with adjoining land uses in order to protect water quality 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 1. 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 moble homes. There is a vacant, two-story house situated at the extreme southeast comer of the site. AZ-99-M/CUP-99-018 Sund&=Apt&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. 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 Lo cult Grove lan (hard planning document). APA projects a dramatic increase in traffic forSou 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 SwWaweAp%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 n 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 withm this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for no 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 ll -2-415 oba or the of Meridian Zoning and Development Ordinance. No temporary signage , flags, banners 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 sgtxknceApts.AZ.CUP.doc 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) b ffond 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. sundancenpts.AZ.cvr dW 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 m;n. . 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. sem. U.cvr.dm • • BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE ) Case No. AZ -99-009 REQUEST FOR ANNEXATION ) AND ZONING OF 20.35 ACRES ) RECOMMENDATION TO CITY FOR THE PROPOSED ) COUNCIL SUNDANCE VILLAGE NORTH ) OF OVERLAND AND WEST OF ) LOCUST GROVE ) BY SUNDANCE, L.L.C. ) INTRODUCTION 1. The property is approximately 20.35 acres in size. 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 CITY COUNCIL - 2 ANNEXATION AND ZONING - SUNDANCE, LLC - SUNDANCE VILLAGE 9 • 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. 2.1U 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: 1.1 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. 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 APNs functional Street Classification document. Due to their required width, Minor Arterials may serve as land use buffers for incompatible uses and boundaries between neighborhoods. Housin : 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 0 i 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), 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. 1.6 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:\Worl<\M\Meridian 15360M\Sundance Village\AZAec RECOMMENDATION TO CITY COUNCIL - 7 ANNEXATION AND ZONING - SUNDANCE, LLC - SUNDANCE VILLAGE 0 October 1, 1999 9 MERIDIAN CITY COUNCIL MEETING: OCTOBER 5 1999 APPLICANT: SUNDANCE LLC ITEM #: 10 REQUEST: FF&CL ANNEXATION & ZONING OF 20.35 ACRES (FOR R-15 ZONING) OF LAND FOR u�r w1'fA�T\AGAIT' 1.1l111ACCl AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED 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: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICTHEALTH: � 1 - NAMPA MERIDIAN IRRIGATION: ,Q SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER: All Materials presented at public meetings shall become properly of the City of Meridian. n r"Tilcul TT1 � SEP 3 0 1999 i n t e r o f f ice CI'F OF :�'[', nh)-LA i MEMORANDUM To: William G. Berg, Jr., Cit Clerk From: Marlene St. Geor 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/ZAWork\M\Meridian 15360M\Sundance Village\CityClkFfClsdenial.ltr MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 14 request to do a certain kind of use, presuming it's annexed and zoned. Now I have the option of asking you all, would you like to have or would you consent to having both hearings opened up at the same time to save having to go through essentially the same kind of process twice, or is there enough of you that would like to see two separate hearings, and I'll do that by a show of hands, so is there anybody in the audience that would like to see two separate hearings? And I can't see everybody out there, and I'm (inaudible) hear what I'm saying, Is there anybody out there that would object to that procedure? Do I have any objections from the Council? Bird: No. I think it's a great idea. Rountree: Or Mr. Gigray? Gigray: I think it's preferable. Rountree: The last item I'm going to do, is I'm going to open up the agenda at this point in time and take recommendations from the Council on if we will close our consideration of hearings at a certain time this evening. Mr. Bentley. Bentley: Mr. President, as we've done in the past, I think it would be my preference to close the public hearings at 10:30 so we can continue with the rest of our agenda. Anderson: I concur with that. Rountree: Concur that — so for those of you who are hear for another public hearing, we will not open up another public hearing after 10:30. Hopefully we can get through most of them if not all of them, but if we get to a point where it's 10:30 and there's a couple public hearings left, we will reschedule those to our next regularly scheduled meeting. I hope that's not a great inconvenience to you, but really at that point in time, if you're having a public hearing at that time in the evening, you're probably not necessarily getting the full benefit of everybody's thinking processes at that late of time in the evening. 8. 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: (ATTORNEY TO PREPARE FINDINGS) 9. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR 300 UNITS OF MULTI- FAMILY HOMES BY SUNDANCE, LLC —NORTH OF OVERLAND ROAD AND WEST OF LOCUST GROVE: (TABLE UNTIL 10/5/99) 9 0 MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 15 Rountree: So with that, I will open up public hearing for the annexation and zoning of 20.35 acres for R-15 zoning of land for the proposed 300 units of multi -family rental by Sundance, LLC and the public hearing for conditional use permit for 300 units of multi- family housing by Sundance, LLC north of Overland Road and West of Locust Grove. To have the applicant here to — Shari, do you want to go first? City staff to make a presentation and will be followed by the applicant. Stiles: President Rountree, Council members, this is for a piece of property located south of 1-84. This location is where the existing Better -Built Homes is, the manufactured homes that's used as the sales lot along the freeway. This is the Playground RV park, across here is the Sportsman Point Subdivision. This is still vacant land at this point here. The Treasure Valley Baptist Church is here. That was an application that you acted on the findings earlier that would have been this piece here where the roofing business and the church is going to expand. There is an application for this property that will be before you in a couple of months. The property is currently zoned R -T. There is a section that is adjacent to the freeway that is zoned C -G. They are requesting a zoning of R-15 to allow for a 300 -unit apartment complex. This will be the location of a future overpass across the freeway, and consideration will need to be made for future right-of-way dedication to allow for that overpass. The applicant has submitted a new site plan, however, I didn't have an 8-1/2 by 11 that I could show you tonight. They have incorporated some of the changes we'd requested as far as additional buffering on the interstate and along Overland Road and showing the fencing details. It also is a little misleading because the application that you have on their site plan that shows that they have open space of 51.5 percent, obviously, that's including the parking lot area, and they need to exclude those areas as part of their open -space requirement. It does appear to meet the requirements of an R-15 should that be your decision to zone it as such. The Nine Mile Creek traverses along here, and they would leave that open with fencing approximately five feet off of the easement line. They're showing a maintenance shed. You all have the elevations in your packets to show what the buildings would look like. Bird: Pull that over a little farther so it shows Locust Grove. How it drops off onto Locust Grove. Stiles: They are showing one access here, I'm not sure if that would comply wirh what Ada County Highway District is requesting or what the future plans for an overpass. They're showing an emergency access in this location, and then just the one access onto Overland Road. Rountree: Mr. Bird, talk in the mike, please. Bird: I'm sorry. Shari, is that enough access for that many planned development? MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 16 Stiles: I don't know if Ada County Highway District has made any comment on whether it's adequate. Obviously this access up here's going to go away once the overpass is there, and I'm not sure that this access is still going to work once the overpass is constructed. I don't know what the future design of that overpass, whether this will still meet the access requirement. I believe the Ada County Highway District counts used vehicle trips per day of about six or seven for an apartment complex per unit. Rountree: Folks, it's going to be a long night. I know how you feel, but — Shari, the parcel on the east, is that one ownership? Stiles: This parcel right here? Rountree: Yes. Stiles: Yes. I believe that is the gas — Rountree: They own all of that. Stiles: -- facility. 2400 additional vehicle trips per day was what the Ada County Highway District report stated. Rountree: Any other comments or questions for Shari? Anderson: I have one. Rountree: Mr. Anderson. Anderson: Shari, that emergency access, is that through the existing mobile home or manufactured home sales that's along the freeway, or where is that where they get in that from? Stiles: It would be the existing entrance that's — Anderson: So would that manufactured home sales go away or they would be driving through their car lot? Stiles: It would go away. Their property — the proposal and the conditional use permit goes clear to the Interstate 84 right-of-way. Anderson: Are there any improvements that are planned along the Nine Mile drain other than just a fence? • MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 17 Stiles: They haven't indicated anything. They are showing some landscaping, fencing and landscaping. They're not showing a pathway. Rountree: Any other comments? Any other questions for Shari or our other staff members? Audience Member: I have one. How many — Rountree: No. Please, the Council gets to ask the questions. Stiles: I'll answer that. Rountree: Go ahead. Stiles: The letter we got from the school district said that "these homes, when completed, will house 99 elementary -age children, 75 middle -school -aged children, and 68 senior -high -aged students. Even though we are in a difficult position and need your help in dealing with the impact on growth on schools, we will approve this development," and it's signed by Jim Carberry, Joint School District No. 2. Rountree: Thank you, Shari. Anderson: Thank you. Rountree: You through? Stiles: Yeah, I'm done. Rountree: Now, is the applicant ready to make a presentation? Cooke: Thank you. Rountree: If you'd introduce yourself; name and address. Cooke: My name is Peter Cooke. I'm from Salt Lake City, Utah. Tonight what we'd like to present is the overall view of how we see this development, and we'll have first that presentation. I've also brought with us with (inaudible) some of the developments that we're doing, and we'll get into that discussion about how, in each case, on every development we've done, and the last two where we have major enhancement of the areas we've been in, including a development where we own the total side, and we will be developing homes around this about a quarter of a million to over $800,000 homes. I know there's been some question whether — how this impacts the community, and MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 18 we'll talk a little bit to that. So I'd first like to ahave Keith give you a presentation of the site plan and how it'll look, and we can go from there. Bennett: Okay — Rountree: If you'd introduce yourself and please use the mike. Bennett: Keith Bennett with PFC Development, and I'm here to discuss the portion of the plan that deals with the site plan, and then we'll go to other issues. Basically, we worked with the planning staff on the development of this site and came to the Planning Commmission and incorporated all of the recommendations and requirements that they brought to our attention in the Planning Staff Report. Some of that is where on Overland Road and Locust Grove Road in the master plan development in the long- term of the city, both streets would be widened to a 96 -foot right-of-way, 48 -foot center line -of -road easement which would require, number one, that both streets, at the staffs request, would be planned to accommodate that extra width to begin with. In conjunction with the traffic report and requirements that they placed on the first review, we responded as well and the desires that they had to not only show the street as an improved intersection to its full width on both sides, but also to bring in the main entrance at least 315 back from the new proposed intersection widths and additionally the secondary entrance, which is what they required as well, coming up on LoCL'st Grove which is well back from the freeway that would be able to be maintained. Since the plan that was shown in the overhead, it was also shown in the Planning Commission, that the emergency exit that we initially showed would not be used because of the projected overpass on the freeway. So we responded to that showing that as not being access and doing the two accesses as was indicated by the Planning Staff Report. Additionally there were concerns of keeping proper setback and open space for the overall site, and this site compared to the previous one, again, we responded by bringing in a 35 -foot landscape buffer including — which includes the Nine Mile drain as a 35 -foot buffer back, a 35 -foot buffer along the entire 1-84 corridor, a 20 - foot buffer along the gas company's property, and then additionally 35 feet back from the widened width of both streets as well, giving us the buffer all around that was required by staff, and we responded to that. The site itself is made of 25 12-plex buildings. They're organized in groups of two and three bedrooms with two floors of three-bedroom units and one floor of two-bedroom; the two-bedroom being on the top decreasing the mass. And we can show that in elevations later. Basically, these units then give 100 two-bedroom units and 200 three-bedroom units is our mix for a tutal of the 300. We're proposing major entry feature that would come into a clubhouse with the ammenity package of pools and spas, the sports court, and then by maintaining the entire interior core as green open space. Now, why bring up this — this is the landscape architect's rendering of the site. It is also responding, we have given those plans to the staff of the tree requirements, and they're proper (inaudible) to meet full requirements of the landscape requirements on the interior of the site, but what you see is a major MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 19 interior green space that is shared by all. And when we calculate the acreage and break down the building area, the parking area, which is not part of the open space, and the building area, we come up with 52 percent that is just green; that is not building, not asphalt, not parking, so we have over 50 percent of the site as green, open space. The idea was to really do something that could make a difference in apartment living that would be attractive for people to want to be here; be part of the community, be neighbors, and be happy to live here versus anywhere else. And we have proposed in your packets, as you have, the elevations that use stone and cedar siding and articulating the massing with balconies and entryways that respond to a project that has a richness to it and a character to it that would become an attractive area for everyone. *** End of Tape 1, Side 1 *** We're only at 14.8 units per acre. We could ask for 30 units per acre, the R-30, but with R-15, we're at 14.8, so we're less density than could have been asked for for this site, and the parking is handled with at least two styles per unit, and all that being off-street so there's no parking counted for the street. Basically, should we go into the renderings and the buildings? We have boards that show a similar project. Rountree: Excuse me, Keith. If you could kind of walk those by here. My old eyes can't make out those — Bennett: Do you want me to stand in the middle, do you think? Rountree: If you could maybe bring them up here to where we could see them and then maybe get them to where the audience could see them. Bennett: Okay. You do have them in your handout. (inaudible) hold that one right there. Turn to that page. I don't know — it's about half way into the book. Rountree: You might just set that up folded up for the audience to see. Bennett: Do you want me to address — them or you? Rountree: No. They're going to want to see as well. Bennett: Okay. This is a project that we're developing in Utah in the mountain area near Park City, and I wanted to carry that same kind of theme and feel into this project as well. The project is called Todd Hollow, but the elevation is shown here with some of the aesthetics of what we're looking at; the massing is 2-1/2 story. It's in the 35 -foot limit of the height of the building that meets the current zoning codes with one-half level down so that we have a 2-1/2 story elevation. The first level having a canopy element that brings the elevation down, a roof element that uses architectural -grade asphalt MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 20 shingles, and then having cedar siding, board and bath as well as having shake ciding with stone venier on the columns and the entries as well as a log look to bring a peel of a rural element to the site and not using stucco materials, et cetera, that other apartments have done, and we've done in the past. This is trying to be warmer. We've probably used earth tones and greens and have a feel of the mountains come down to the valley and creating an ambiance there that can really set this community apart and be unique and be an exciting place to be, a destiny to be — a destination to be instead of just another community. This has the feel that we want to bring of the log look and the mountain look back to the valley and bring in landscaping that could respond to that and have a richness of the community there. We have tried in all of this to meet the entire requirements of the Staff Report; we have no objections to the Staff Report; we have responded in all the requirements that the staff has asked for on the site plan and in the design of the layout to meet their requirements and ask for your approval of this because it is going to be an exciting place to live. Cooke: One last question — Rountree: Get you on the mike. Cooke: A question that came before was do we own these, and do we keep them, and do we maintain them. And we do. It's not one of those where you sell off of our development agreement requires us to be there and maintain those and keep those for the — actually our developer (inaudible) comes from that, so it's important for us to keep the development moving and working and being successful. We do feel like this property has its (inaudible) Planning and Zoning meeting that this is good use for this property right next to the freeway, as the Planning and Zoning agreed; it'll buffer the community from the industrial as it's near there. We also felt, really important for us to -- Brian loved it, but we have not seen a development of this quality around. I said we haven't seen in this area or in Boise or in any of the areas a project of this quality, and we really feel that the openness and the green space will enhance the community and be a very positive feel as you move forward and grow. I think the issue is that, obviously, a lot of development's going to stop because the sewerability, which we were able to meet that requirement, and we're very excited about obviously the expansion and the road to be able to have their access and bring those from both sides of the freeway over, so we're excited to hear everybody's comments and we'll go from there. Bird: Mr. President. Rountree: Mr. Bird. Bird: Would you have him re -identify himself? Cooke: My name is Peter Cooke. MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 21 Bird: Thank you. Rountree: Thank you. Council, any questions of the applicant? Bentley: I have one. Rountree: Mr. Bentley. Bentley: I don't have a question of the applicant at his time. I wonder if it wouldn't be better to use the big mike over there at the table so maybe they can hear better. Rountree: Yeah. That one does not have — is not hooked up to a speaker. Cooke: Should I go through what I just went through? Rountree: No, that's fine. Bentley: Could we get someone to move that over there? Bird: Mr. President. Rountree: Mr. Bird. Bird: This is the latest site plan that has been submitted to the staff? Bennett: This is the site plan that was submitted to the staff prior to the, or with the Planning Commission, and this is the site plan that the Planning Commission approved. Bird: Okay. Thank you. Rountree: Are there any other questions for the applicant? Do you have anymore to present at this point? Okay. Thank you. Having the presentation from the applicant and the staff, we'll now have an opportunity for testimony from the public. Probably do the easy thing here first. A sign of those who are wanting to offer testimony in favor of this proposal. Bennett: They must all be in the hallway. Rountree: They must all be in the hallway. Bird: They're all lost. i MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 22 Rountree: Okay. Thank you. Now, again, I would request that we're going to open up the testimony for those who are opposed. I will recognize those individuals, have you come up here, you need to give your name and your address, and then offer your testimony and try to keep it within that three minutes, and try to keep from repeating too many times. If you all want to testify, we're going to be here awhile tonight, so let's get going. Let's just start up front here, and I'll choose back and forth. If this gentleman wants to testify first, thank you. And Glenn, let's get that microphone over there. Bird: Just pull the whole stand over there. Sloan: Thank you. My name is Mike Sloan. I live at 794 East Martinique Drive in the Meridian Greens apartment complex. I have a couple things I'd like to present to Council. I've been asked to represent many of the neighborhoods in the area that's affected by this apartment complex (inaudible) petitions that we have signed. We have in excess of 800 petitions signed here, and I'd like to get these entered into public record if I may. Rountree: If you'd get those to the City Clerk. Point of clarification: 800 petitions or 800 signatures? One petition? Sloan: Sorry. Eight hundred signatures all voicing opposition to this project. I've also been asked by the Meridian Greens Homeowners Association to officially present to the Council a statement of concerns that we have. Again, I'd like these documents entered into the public record, and I would like to go briefly go through the top concerns. Rountree: Fine. If you want to turn them in now or when you're through. Sloan: Our top concerns that we have listed there are all dealing with our public infrastructure system. The top three that I'd like to talk about are public schools, automobile traffic, and police and fire protection. As has already mentioned, we're going to have an influx of approximately 240 students into our neighborhoods, and this is going into an area where the public schools are already at capacity or over capacity. This has been reviewed a great deal, so we don't need to go into much detail, but we understand that new schools are going to be opening soon, and yet these schools are going to be located far across town, and we don't understand the plan for how this increase to the public school system is going to be addressed. So that is our first concern. Our second concern is automobile traffic. Traffic on Overland has increased dramatically over recent months. This is due to the construction on Interstate 84 and also the addition of new recreation areas such as Boondocks and the water park that's there. Overland is a very dangerous road at this time, and we understand that there is a project to widen the roads, but this is not scheduled for completion until 2004 which is well beyond the timeframe for the completion of the proposed apartment community. The traffic at Locust Grove and Overland and at the entrances of several of the MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 23 subdivisions often back up which creates a very dangerous situation, and this apartment community with 300 more families would undoubtedly increase to that, as we've heard, to the tune of 2400 more car trips per day. As I said, Overland is a very dangerous road already. The added traffic could easily provide ample opportunities for many tragic accidents. Finally, the increased traffic density could slow response times for police and emergency vehicles for the community, and we'd like to hear how the increased traffic will be addressed so that we don't have any public safety problems. The third concern that we have is for police and crime prevention. Assuming a crime and emergency rates per person remain constant, the rapid addition of approximately 1,000 people will increase the number of reported emergency incidents into our part of Meridian. This increase will undoubtedly require additional police, fire and other resources to patrol and handle the emergency problems concentrated in our area. And given the recent announcements for budget cuts for the Meridian Police Department, this seems like a very immediate problem. On the subject of the police budget, Meridian Police Captain Dave Bowman was recently quoted as saying, and I quote, We are not keeping up with the growth. In fact, I think we're falling behind." This is a current situation independent of any additional growth. We need to hear how our police and fire protection is going to be addressed given this proposed growth. So, a summary of adding 300 families to a small city can have a major impact on supporting infrastructure, especially if the addition is concentrated on one area over a short period of time. One way to partially alleviate this impact is to spread out the growth, both in space and time and to try to increase the infrastructure at the same rate as the population is increasing. We at Meridian Greens are deeply concerned about the ability of the City of Meridian to add infrastructure capacity to handle the Sundance project. We're also concerned about the cost to the local residents and our safety, the money and the quality of life to proceed with this project. We request that the Council reject this approval for this project until the infrastructure in this area has been developed to handle the requirements necessary for the planned growth. Thank you. Rountree: Folks, if you'll applause for every one of you, it's just time against testimony. hate to keep grinding on it, but it's a long night. Any questions for Mr. Sloan? Bird: I have none. Rountree: (inaudible) Ma'am. Question? Do you want to speak? Oh. You broke it. Now you have to buy us one. Martell: My name is Marian Martell and I live at 2534 South (inaudible) Falls in Meridian Salmon Rapids Subdivison which Salmon Rapids lies along Locust Grove. From what I am hearing, to accommodate this complex will require enlarging both Overland and Locust Grove. I am deeply concerned about the enlargment of Locust Grove. This will have a horrible impact on all our homes. It will take our common area away, all our landscaping, it even is cutting into the yards of three people in our 9 0 MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 24 subdivision. It is absolutely horrendous. We moved here to be in the atmosphere we enjoy, not to be in the middle of a metropolitan area. And most of the people who have moved here, these are not beginning homeowners. These homeowners are some people retiring, some people still working, but these are final homes for many people. We don't want to see our area impacted in the way it's being impacted with these things that are going on. I haven't heard a hearing, I haven't heard anything given to the people to have anything to say about the enlargement of Locust Grove which does have horrendous impact on the homeowners along Locust Grove. We are disturbed about the quality of life changing. We are disturbed about the traffic, of course. We're disturbed about the lowering of property values which will happen if you change this area to a high-density area. We moved here because it is a low-density area, and respectfully request that the members of the Council keep their obligation to the taxpaying residents who live here. Thank you very much. Rountree: Please. Please. (inaudible) Bentley: If I may respond to (inaudible) is in regards to Locust Grove and Overland Road, those have both been scheduled and planned out to be widened out for many years. As most of you know we have a very poor north -south flow for traffic. The plans are for (inaudible) Locust Grove as well as Linder, and hopefully the Ten Mile interchange. Because we've got east -west flow, but we definitely do not have north - south and Locust Grove, even before it was subdivided with these subdivisions out there has always been planned out to be widened out, so this isn't something new because of this project. Thank you. Jarvis: Mr. President, members of the Council, my name is Scott Jarvis. I live at 2048 East Three Bars Drive in the Las Alamedos Subdivision. My family and many o{ my neighbors and I are opposed to the 300 -unit apartment complex that's being proposed for the corner of Locust Grove and Overland. We presented over 800 signatures of nearly 1,000 homes in the immediate area that would be affected by this development. Last week my neighbors and I have gathered just over 110 signatures just from our subdivision and the neighboring subdivisions alone. Like my neighbors before me, we do not believe the infrastructure presently exists to support the nearly 1,000 people that will live in this complex. With this complex at full capacity, the population of Meridian will increase by nearly three percent overnight in a very small geographical area. Some of the primary concerns we have, like have been expressed by others, is traffic. The ACHD says a widening of Overland Road is not planned until at least 2004, so nearly five years away. During peak traffic hours, Overland's an extremely busy road. If there's any kind of backup — especially if there's any kind of backup on 1-84, it's used as an alternate thoroughfare. Adding 500 cars to the mix during peak traffic hours coming and going to single location will create major problems. New residences develop new traffic patterns. If you're trying to get into this proposed complex turning left to cross Overland Road, you'll have traffic backing up all the way to Meridian Road as people 9 i MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 25 wait to be able to turn. Without additional traffic lanes or turn lanes due for almost five years, Overland Road will become a virtual parking lot. We're concerned about the schools as mentioned before. All the Meridian schools are presently at or over capacity. Any children in this complex will (inaudible) need to be bused nearly across town. We're concerned about what this'll do to the quality of the schools and the education our children will be receiving in an already crowded school system. We're concerned about fire and safety, especially given the fact that the ability to get in and out of this complex seems to be pretty restricted with a single primary entrance. There are no sidewalks along the street. If people want to walk along the sidewalk to get to Boondocks or anything, they have to cross an extremely busy street, especially when the street's widened. There are no sidewalks, there are no crosswalks, there are no street lights. It's an extremely dangerous way for 1,000 people to cross if they wish to take a walk or to get across the street. Summary: adding 1,000 residents to our neighborhood will have a major impact to the area. I want to get it clear, we're not anti -growth. We're for growth if it's done in an intelligent planned way that won't adversely affect the quality of our life, and we recommend — strongly urge to Council not to approve this. Rountree: Any questions for Scott? Bentley: I have none. Bird: I have none. Rountree: Over here, ma'am. Babbitt: My name is Freda Babbitt. My address is 2570 South Locust Grove Road. I've lived on South Locust Grove Road for 35 years. In that 35 years, until last year, that road was never even paved except for the first time it was paved which was 20 years before. Now you're telling us that we're going to add 300 more people, 300 more units or over 1,000 people down at the end of South Locust Grove. It's a dead-end. There is in the five-year plan a plan to go over the freeway. That five-year plan doesn't mean it will be done in five years. It can be ten years until that overpass is put in. All this time, this traffic is going onto Overland Road. You, at this point, during the morning rush hour, traffic is tied up for almost a mile on Overland Road. You can't get in and out without sitting in line for sometimes 15 minutes. This is a rural area; it's always been a rural area. We do not need this type of density. Right now you've got (inaudible) on Overland, you've got the Coke plant, you've got a church. Those are good uses to put between Overland and the freeway because there isn't a type of density of cars, of families. You're still getting your tax dollars from all those businesses that are over there. So it's still going to benefit the City of Meridian. It's zoned R -T right now, and I take it that means commercial. Can you tell me what the R -T rating is? Rountree: It's rural transition and it's in the county. MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 26 Babbitt: So it isn't even in the city limits at this point and that's what we're talking about. All of the subdivision, Las Alamedos, when it was put in, it was put in as R-4, all of the other subdivisions are R-4 to keep the density down, and that was fought for and won here at Council Meeting because they wanted to go to higher density than some of these other areas. We don't want the higher density. We do not want R-15. It's too many people in too small of an area. Thank you. Rountree: Any questions? Rasmussen: My name is Sonya Rasmussen. I live at 1395 East Peacock. I'd like to start out by saying that I participated in the comprehensive planning workshop last week and thought that there were a lot of committed community members who felt like I did, and that is that Meridian is growing too fast. We were concerned about the roads, schools and lack of parks. I feel that we are giving thoughtful input into the new comprehensive plan in hope that you, the City Council, will follow what the public has outlined and what will be the new comprehensive plan and will not be persuaded by developers to change these plans. I was also on the Meridian School District Boundaries Committee. We worked hard and anguished over the growing number of developments that were in the planning stages. We realize that the new schools that would be opening next fall would be opening too close to capacity. We could not offer much relief to many of the existing over -crowded schools. The City of Meridian cannot handle the current growth rate. The schools and the roads are in jeopardy. I mcved hear a year and a half ago from a city that was close in size to Meridian. It grew so fast that the home prices soared. Before long, there were no homes affordable to young families starting out and trying to make ends meet. So the City built apartments. They felt this was a solution to the problem. You can build the most beautiful apartments with the best materials, but you cannot control who lives in them. Even though these were very nice apartments, crime and drugs in the area went up. The police often stated that the result of the crimes were from tenants of the local apartments. We live three miles away from numerous apartments, and my family and surrounding neighbors were burglarized several times in the last two years before we moved here. The City should have built affordable starter homes so families could pride in ownership. I urge that you provide people with the opportunity to afford their own homes so they will be able to make a commitment to our community and schools. I know what I'm asking is not cost- effective and that everything comes down to money. But isn't Meridian worth it? I know the proposed apartment complex will not increase the quality of life here in Meridian. It will decrease it. I feel very strongly that we need to make Meridian a city that we can be proud of 20 years from now; I can look back and be proud of it. At the August 25th Planning and Zoning meeting, Peter Cooke, the developer of the proposed apartment complex said he would provide names and numbers of his other apartment properties to those who had signed a petition prior to the meeting. We were supposed to be able to contact other compexes he built so we would be reassured that he was maintaining his • 0 MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 27 properties. Because he did not follow through on this agreement, I question if he will follow through on his commitment to maintain this apartment complex on Overland and Locust. He also stated that night that he could feel our pain. I ask you, the elected City Council members, to vote no on this apartment complex and let Peter Cooke feel the pain. Thank you. Rountree: Folks. I'm going to ask you one last time, and then I'm going to close the hearing. We've got to keep control of this. I know you all are very emotional about this. We need to hear what you have to say, and your applause don't help, and it takes away from time, please, please, I ask you. Over here. McCoy: My name is Barbara McCoy. I live at 1692 Sportsman in Meridian. When my husband and I moved to Sportsman Pointe a year ago, we were very attracted to the area. The subdivision and surrounding area seemed very well planned out with nice subdivisions, well kept yards and low -traffic commercial buildings along the Overland Road next to the freeway. If the (inaudible) live in. When we were notified of the proposed 300 -unit apartment complex to be built on the corner of Locust Grove and Overland, we were very concerned about the effect (inaudible) have on our neighborhood. I testified at Planning and Zoning that it just didn't seem to fit in with the surrounding area because there were no other apartment complexes in that area. Other people testified of their concerns of crime, traffic and burden on the schools. Well, as you know, Planning and Zoning has approved the change, and as you've heard, it's been mostly concern about the apartment complex, but not the surrounding area. According to Tammy DeWeerd, her reasoning was because of the high-quality of materials, the construction materials, and the developer is going to work with him. But what about the area of the people that are already there? There's been no concern about the compatibility of the area or what the effects that it would have on our property values. Let's see. We've already talked about transportation that there's been no concern about the future plans for that. Because of our frustrations over the lack of responsiveness of Planning and Zoning, which I would have to say is zoning and not necessarily planning, a neighbor and I attended the recent comprehensive plan workshop. One of the issues that was brought up by other people at the workshop was that Meridian should have a variety of land uses, but that the land uses should be planned so they are compatible with the surrounding areas. They shouldn't have to (inaudible) rather than devalue the existing properties. Others in Meridian agree with our contention. Another issue is (inaudible) brought up at the meeting was that Planning should ensure adequate public services including transportation. This was certainly not considered fully during the Planning and Zoning votes. At the workshop, a current land -use map for the Meridian impact area was shown, and I have a copy here of the relevent area, and currently the land -use map, which is not the zoning map, but it's the land -use map that should be — that's being used in the comprehensive planning process, it shows that every impact area south of the area is either low-density housing which (inaudible) are last, and as we heard previously, this apartment complex is 14.5 i 0 MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 28 units per acre rather than less than five. There's also commercial along the freeway, one small industrial section along the freeway or agricultural transition. And the current spot, as we've heard, is high-density housing; 14.5 per acre. I asked, think her name is Shari from Planning and Zoning, where the nearest high-density land use was from our area. She looked at the map and said Rose Park, which I believe is on Franklin Road; the other side of the freeway, clear across the freeway. No one in their right mind, I believe, really cares for the value and integrity of our community would want a high- density apartment complex in an area such as Locust Grove (inaudible) such an area of low impact and very well planned out community that's very attractive for people and high values. Apartment complexes have (inaudible) but let's not make rash decisions just for the developer's sake. If Planning and Zoning doesn't want to consider appropriate land use, they make (inaudible) and put something in just for the developer's sake rather than look at the surrounding area. Apartment complexes do have their place, but let's use the (inaudible) map and do some planning for the future. Let's find places where apartment complexes and has the value rather than ruining the surrounding area. Thank you. Rountree: Any questions? Bird: I have none. Rountree: The gentleman in the back. Scott: Mr. President, members of the Council, my name is Dan Scott. I live at 1629 South Labrador Plaza. I moved into my residence in March of this year. My residence backs up to Locust Grove, so I'm all familiar with the traffic. What I want to address is the crime problem which we're going to be looking at. I'm a retired police officer. I was a police officer for 22 years. I was raised in a town in central California that was about he size of Meridian, 20,000 that it just exploded, and the services didn't keep up. I can tell you from my personal experience that your police department is going to running their tailends off as this area grows if you don't keep up. I have no problem with the widening of Overland. I think they could do that tomorrow and it would satisfy me. But all the pretty pictures in the world in Park City, Utah don't mean diddley squat to me down here in Meridian, Idaho. I moved here because of the low density, because it is an area that's clean, and because I can drive down any street in Meridian and Boise and not see one sign of graffiti, and you don't know what that does for me coming from where I came from. But, I can attest to what's going to happen. I understand that part of this project is going to be dedicated to low-income, and my experience and our experience in the city where I worked as a police officer was it starts out that way, then, boom. Because nobody else wants to move into them per se, the whole thing goes Section 8, and the next thing you know, you've got — you know, we're in and out of there all the time. Point of fact in this, I was medically retired due to two back injuries sustained within 60 days in the same apartment complex in disturbances, in fights. And MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 29 these are common. And people would call for service, and you're going to experience it here, believe me, if you let this explode, you're going to feel it. We couldn't handle regular calls. All we handled were emergency calls. Friday night, Saturday night, Sunday night and Monday night, it didn't matter what night of the week, we ran 24 hours a day back to back, and if you had a traffic accident, you didn't get a police officer unless there was an injury involved, and I don't think that's what you want in Meridian. I know it's not what I want in Meridian. That's — you know, I moved here because my ex-wife moved here, and I came because my kids were here. And I found what I think is a jewel in Meridian. I'd like to see it stay that way. I think the zoning along the freeway should remain commercial. I think there's already commercial establishments there. I think, you know, with the overpass there, even with the widening of Locust Grove and Overland is going to be one hellascious traffic problem with just two entrances in and out of this place, and all the pretty talk and all the pretty pictures in the world aren't going to change that. And when you start having fatalities out there, then you're going to realize it. Thank you for your time. Rountree: Thank you. Ma'am. Develle: My name is Robyn Develle. I'm at 1878 East Doberman Drive in the Raven Hills Subdivision. I would just like to address, again, the issue of the subsidized housing and ask you to please take a look at what happened with the Blue Willows Apartment Complex on State Street. You know, miss, and I forgot your name, but you chuckled when this gentleman mentioned that the whole thing would go to subsidized housing, and that would be low-income. I saw you. And I can attest to the fact that my friends were scared to death when their apartment complex started being a lot of low-income families and subsidized housing. We saw it in kids running around unsupervised all the time. The apartment complex became over -run with unsupervised children. Number one, it's just an added crime problem, and then, two, they were coming over to my house when they were scared to death as meth labs began to be noticed in those apartments and being disassembled. So, I would just encourage you guys, please, take a lesson from that. I hope, you know, I only had heard rumors of the subsidized -income housing, but I would hope that it's not true or that you'll reconsider that. Thank you. Rountree: Thank you. Sir. Excuse me for pointing, but I've got to get to you some way. Kohli: My name is Akash Kohli. I live at 2095 South Elkhound in Sportsman Pointe. I'm concerned about the safety and the — Rountree: Excuse me, Akash. Could we have you spell your last name, please. Kohli: K -o -h -I -i. Rountree: Thank you. MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 30 Kohli: Increased traffic will make the Overland Road there very dangersous. I'm concerned about the safety on the road. What I want to emphasize is that at least on the Overland Road, if you look between the Meridian Road and the Five Mile, it is a two- lane road with no median dividers. Unfortunately, this increased traffic will result into higher frequency of accidents. And I'm afraid some of these will be fatal. I'm told this infrastructure is in place. I suggest we put this project on hold Thank you. Rountree: Thank you. Sir. And while he comes up, I'll remind those waiting to testify, remember to try to keep it to three minutes and try to keep from repeating things that have been said. Nowell: I'll make this extremely brief. Rountree: Super. Nowell: Mike Nowell and I'm the president of the Hunts Bluff Homeowners Association. I've not spoken to one person who, in our subdivision, that's in favor of this compex. Just want to let you know that. All of the points that have already come up here tonight are the reasons. I'm not going to bring them all up again — Rountree: Thank you. Nowell: -- but I do have in my mind the picture of the vast majority of 240 students waiting for buses at that intersection. I think that's wrong. Thank you. Rountree: Could you let me know the subdivision again? Nowell: Hunts Bluff. Rountree: Hunts Bluff. And you represent the — Nowell: Homeowners Association. Rountree: Okay. Thank you. Anybody down on the side of the wall? Anybody back there? Oh. Right here. I missed you before. Come on up. We don't have any doors, but come on down anyway. Campbell: My name is Gary Campbell. I'm at 1682 East Time Zone in Los Alamedos Subdivision, and I didn't plan to say anything. I just came to observe tonight, but as I'm observing these proceedings, one thing comes to mind here. This man is obviously very successful. He'll be successful somewhere else. Perhaps he can be successful somewhere in our neighborhood or in our area that is appropriate. But by the numbers MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 31 that I see here, the people who are here think that this project is not something that we want to do, and we're the ones who are going to stay here and live here, and he's going to go back to Utah, and I doubt ever that he will ever come back here and see if these buildings are painted or that the houses are taken care of or that the cars, who we are required in our neighborhoods to keep in garages. This man's neighborhood is going to have cars all over outside. The next point is, I don't think the City or we, as a community, are going to be hurt by changing this and turning this over to something that has a different tax base, like businesses. I know that I've looked at that property and have made an offer on part of that property to put my business there, and I live just a few blocks away. That property could be turned into something that businesses who are owned by local people could be there, and it would also create a tax base that would help the community without having this problem being caused. Thank you. Rountree: Thank you. Over here? It's this side's turn. Diffendaffer: Good evening. My name's Brian Diffendaffer. I'm building a house at 2676 Velvet Falls in Salmon Rapids. Most of the people that have been up here to talk to you tonight have done an elequent job expressing our concerns. I would like to challenge the developer about the scale of the buildings on his drawings; I'd also like to point out to the Council when they're looking at these pretty pictures, that a lot of them are renderings and just someone's fantasy. Couple of the things I've picked up here as we've gone along. One of the things that the developer has done is created a main entrance there. I can't tell from the map, but I can tell you it's not very far, less than 1,000 feet, I'm sure, from the intersection. The major artery into and out of the development, next to what will be an intersection. I don't know how the County's going to handle it, but I seriously doubt that you'll be able to turn left there. Most of the cars would have to turn right and travel back up Overland into Meridian to get onto the freeway. We need to realize, too, that the Eagle Interchange is a very heavily used interchage: 2400 cars a day there aren't going to help anything. Mr. Cooke has made a promise that he wouldn't sell the development. But it's verbal to us only. It really has no meaning. I'm sure he's an astute businessman, and if it benefitted him to sell the development should it go into decline or for whatever reason, he wouldn't hesitate to do so. I think that's all I've really got to say. Thanks for your time. Rountree: Over here. See a hand? Yes, sir. Dodett: Hello. I'm Scott Dodett. I live at 1391 East Griffen in Sportsman Pointe. I have a lot of comments, but most of them have been fed, but one year ago and 19 days, I remember exactly what I was doing. I was rushing home because my wife got in a bad accident right there at that intersection. I saw my truck before I saw my wife, and I was extremely worried. She was stopped for traffic on Overland Road going into the playground area, the RV park, for a car in front of her turning left. Somebody came up from behind her and rear-ended her throwing her car, our truck, into the truck in front of MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 32 her. Like I said, I saw the truck before I saw her. And verbally over the phone, I knew she was okay, but not after I saw that truck. Another 15 minutes for the traffic in that, finally saw her and everything calmed down. But I got a lot more gray hairs just seeing that truck. And 2400 more vehicles in that intersection a day is going to be horrendous. It's going to be bad. Ada County Highway District went ahead and made Overland Road a designated truck route just about a month ago. A couple weeks ago, they also passed their yearly budget. It has zero money for expanding Overland Road. I wish I had the quote on who said this, but somebody in the Council or in the Highway District said it is politically incorrect to have any funding for expanding the roads. They're doing everything they can with the development and with the population we have. They're also saying, well, we'd like to do this. I've seen the — I've heard the plans for the overpass and the road expansion. They say it's going to happen in 2004. Well, I've also heard it was going to be done a few years back and a few years before that, and when it is going to happen, they say 2004, 1 don't believe it. Five years with the added traffic, the added safety hazards with the kids and everything else going on in that area is not suitable for the neighborhoods. The — you know, I'm a working man. I'm struggling to make my life better. I bought into an upper -end neighborhood that is great. It's wonderful. All the subdivisions in that area are similar. They're upper -end, working class people who are making a better life, and this is not going to help us. You know, we rely on our budget, we stick to the budget, and then if somebody comes in and just immediately makes it worse, it's not going to be happy to continue working for that, and I just would really like to see you annex the property for another reason, not this apartment complex. Thank you. Rountree: Thank you. Sir. Lavado: My name is Dave Lavado. I'm at 697 Trinidad in Meridian Greens, and, again, like the others, I won't belabor all of the quality of life and impact on the traffic and things that everybody else have, but I do think we have a very unique situation here, and that's one where I've stopped to think about where the real closest rental property is to this area. And it's quite a few miles. So I made a few calls to a couple real estate folks that I know, and I said, "What would be the impact of rental property on the real bottom line to the homeowners," which is the folks in this room and who are on the petition, and their estimates were, without any other real rental property being there of a complex of this nature, it could be three to five percent. So my question to Mr. Cooke would be, are you willing to give all of the 800 petitioners on that list compensation at three to five percent for your property for the impact to us? And my general guess is no, you're not. So the next question would be to the Council. Are you going to make us bear the burden of that? Rountree: Thank you. Anyone else? Oh. You are going to testify. Come on up. She's been bugging me all night. MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 33 Jackson: My name is Toni, and I live at 1598 East Mastiff in Sportsman Pointe. I wasn't going to talk, in fact, I'm scared to death, but I fell compelled to say that I have the same concerns that the other homeowners do, being traffic, schools, these kinds of things. But I guess bottom line for me is that we've made an investment in Meridian. We've purchased our homes, we've put our money into our homes. We scouted out our neighborhoods, we tried to locate areas that were what we felt were good for our families, that had good environments, that had, you know, low traffic, good schools, these kinds of things. We did all of the homework to do this, and I worry that the needs of the many here should outweigh the needs of one person who wants to come in and do a business, inundate our communtiy with 300 units and then go back to Utah. You know, he doesn't feel the effects that we feel. We're left here to deal with 2400 cars a day which, if you've ever driven on Overland Road, right now, it's overflowing. It's difficult to turn across traffic. It's two lanes. It's not — it worries me that the needs of the one shouldn't outweigh the needs of the many who have already invested in our city. And the impacts to us are far worse than the impact to Mr. Cooke if he was to move his project elsewhere. If our values go down, we lose money. If we can't get out on Overland Road to get to work, we have to try to find alternative routes or leave early. If we get in a wreck because we're trying to take chances to get out there because it's so crowded, we wreck our car, you know. If our schools are overcrowded, and our children have to be bused somewhere else or they have to rezone to put our children in different schools, that impacts us. All of these concerns that we bring in here impact all us individually, as families, and as homeowners. And it concerns me that, you know, I would hope that you're there to represent us as the citizens of Meridian, and that to take into consideration how these things impact all of us, because they impact every one of us here and every one of us in the City. *** End of Tape 1, Side 2 *** Rountree: We have some firemen here (inaudible). Okay. There you go. Jackson: It's (inaudible) I guess what I would ask, I'm just one person. We're just one family. We're just one home. But the impacts of a big multi -complex, and I've lived in apartments when I was young. I understand the traffic — when you live in an apartment, you don't have a vested interest. You don't own it. You don't — you know, you move in, you move out, these kinds of things because that's what apartments are there for. They're there to live and hopefully you move on to your first home and these kinds of things. And I would hope that as our Councilmen that you would represent our needs and the needs of the many here, and hopefully take into consideration the impacts that your decision has on all of us as individuals, because it's a huge impact on us. Thank you. MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 34 Rountree: Thank you. He didn't get that. Could you repeat it? Do we have folks in the wings back there that want to testify? If you do, would you try to get towards the center of the entrance so that we can get you moving up here? Ma'am, come on up. This lady's going to be before you, but thank you. Fogg-Monchia: My name is Debra Fogg-Monchia. I live at 1429 East Griffen Street, Sportsman Pointe. I agree with everybody else and what they've said so far regarding schools, roads. (inaudible) minor — require (inaudible) affect the water and the sewer system in that area? From what I understand it's also a little bit old, the system as it is now (inaudible) Thanks. Rountree: Thank you. Okay, sir. Yeah. You. Wells: Thank you, gentlemen. My name is Darren Wells. I live at 1725 South Labrador in Sportsman Pointe directly across the street from the proposed development. I have a few concerns I'd like (inaudible) you ought to try the crowded section in the back. I hate to come up here and make jokes and make light of the situation because I felt it was important enough to come, but I think it really emphasizes the point everybody's trying to make. Meridian is crowded, it's not prepared to deal with it, you call this a public hearing, but yet most of those people who are concerned can't even get close enough to the discussin to hear it. So I think that just kind of re-emphasizes the problems that we have. That's kind of one way to look at it. There are a couple other ways to look at it. You can look at it on a modern economic times; everybody's been reasonably successful. We've (inaudible) as a community appointed you as our board of directors to guide over and deal with the investment that we've chosen to make when we've purchased a home here in Meridian, you know, and I understand as a board of directors, you need to (inaudible) city and do what you feel is best, but your primary job is to protect that economic investment that the community has made together as a whole in Meridian and to be concerned about other options for places that aren't making it — haven't already committed to make that economic investment in Meridian, I think is an error. I appreciate your time. Rountree: Thank you. Darren, we've got one more seat up here. When it comes to decision time — Wells: That actually is my other point that I forgot. I think as a resident, you see a grand deal of willingness of people to invest time and effort into their community. I serve on the Board of Directors for Sportsman Pointe; I'm the vice president, and I'm happy to do it. I think the community I live in is very important. I think it's important that I watch over and try and provide a good place, a safe place for my children to live. I also spend a great deal of time, and I come here a couple times a year to sign my kids up, and I'm happy to volunteer my (inaudible) soccer program, and I just don't thick you're going to get that kind of involvement from residents in an apartment complex. understand they need a place to live, and I don't like the comments, well, we're required MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 35 to park our cars in a garage, or we're worried about this or we're worried about that. You know, these people are people too. They need a place to live just as well as we do, but I again, the kind of co -habitation of these two different types of lifestyles is inappropriate in this area. Thanks. Rountree: Ma'am. Wilson: My name's Jan Wilson. I live at 1004 East Shepard. I, obviously, am in agreement with all of the things that have been brought up so I won't say them again. I've been standing here for an hour and a half or so with the rest of these people. I see a sign -in sheet here that my husband just signed, but I hadn't heard anything about it. How do we account for all the people that are here to voice their opinions but don't have the time or don't come up to say something to you people? Is somebody going to circulate this or tell people or how do you know how many people were here to voice their disapproval? I just ask you to take a look. Rountree: In response, it's not necessarily a vote. It's the quality and the type and the array of comments that we receive that we consider. So it's not a voting situation. Wilson: (inaudible) Rountree: Thank you. Gentleman in the red shirt. Fogg: My name is Stacie Fogg. I live at 2290 South Tagish in Raven Hills. I am dressed as an EMT because I work for an ambulance service out of Boise, Idaho. We've been here for about 20 years. My folks have lived out in this area, and I can tell you right now that Overland Road is four years behind schedule. It needs to be at least a two-lane road as it is now, from Meridian all the way down to at least Five Mile because it is — I was an EMT, there was an accident about a month ago where a guy didn't want to stay behind a sweeper so he decided to pass somebody. He caused a three -car accident. What I'm saying is that Overland and Locust Grove is too busy now. People get impatient, they make a fatal mistake and someone dies. Before this complex gets built, I can understand how they want to come in and do this. I was divorced, and I needed a place to stay, and I understand about low-income housing, and I appreciate it, but before this ever gets developed, the road of Overland and Locust Grove need to be developed first because people get impatient when they're sitting at a light for 15 minutes, and they say forget this and go around, and someone gets hurt. I am concerned about the entrances into this complex. I personally think that they ought to have at least three entrances off of Locust Grove and another three entrances off of Overland plus an emergency entrance just because they are a high-rise scenario, and that requires at least a four fire department alarm. You will get truck one from Boise Fire, you will also get Whitney Fire and you also get Meridian Fire. And the accesses for those big fire trucks; truck one is a ladder truck, and it's a huge truck. To get that in MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 36 there, to get the access, to get these people out of these houses if they burn or if they catch fire becauses accidents do happen. So my concern is my kids live, I live in Raven Hills, I get my kids over the weekend, but my kids are playing out in the street. There is nothing for my kids to play in a park or something else. They're required — they go out and play in the street. All it's going to do is increase the rate of someone being hurt. That's all I have to say. Rountree: Stacie, I have a question. I either misunderstood you or you misspoke. You said that Overland needed to be two lanes, and I think you probably meant — Fogg: Four lanes. Rountree: -- four lanes. Fogg: I'm sorry. I get nervous just like everybody else. Rountree: That's why I asked. Fogg: It really does. And it needs to have turning lanes at the intersections because what they did to Eagle Road was fantastic. But as you look at the business of Eagle Road, at 4:00 when they go down over — when they go across Franklin, they're backed up, and this starts at 4:30 and does not end until 7:00 and everybody on the EMS is on alert. They stay close — look at where they're building down there on Flying Y. I mean, jimminy Chrismas. I mean, it's busy. I mean, it's backed up — they back it up all the way to what? Nampa? And someone's going to get impatient and someone's going to get hurt because they were late. This can't happen. Thank you. Rountree: Thank you. (inaudible) Southerland: I waited. I have two things — brand new. Number one, I presume that you gentlemen — my name is Ted Southerland. Mr. Gigray, I know you very well. My address 2365 East Three Bars. I presume these gentlemen have businesses in the City of Meridian. I come up Locust Grove to Overland and tum right because I have so much turning left I have given up. I don't think me and my and any member of my family together, all of us, has spent more than $150 in the last year and a half that we've lived in this area, in the City of Meridian. And it's primarily traffic. By the time we get into that left tum onto Overland, through the stop lights at Kuna Meridian Road and into Meridian, it's not worth it. We do all of our shopping over in Five Mile and Overland. Now you do what you want with that. The other thing is I have been involved in past years in the real estate business. I'm familiar with Boston Capital organization which does basicallly the same thing you people do. Use government money and loan money to develop these low-income units. If Boston Capital called me today and asked me to find a piece of property for them to develop this kind of a thing, this is the last place in MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 37 the world I'd look. The reason is very simple. You're butting up against the freeway that is super -noisy. One of the first things I did five years ago when I moved into Boise area was rent a home on Camas, if you know where Camas is, with the idea of the possibility of buying. I was delighted with the home, delighted with the huge background which butted up against the freeway. Looked at it on a Sunday afternoon and it wasn't too terribly noisy and I thought, not a bad place to live, and I moved my family in. Two weeks later we put a volleyball net up in the backyard, and we found we couldn't communicate with one another. We couldn't. We had to yell in order to find out who was doing what when. Needless to say, we didn't buy that home. We built the home where we are now residing and enjoying it thoroughly. I'll guarantee you that if you allow this subdivision to be put in the way it is planned, that you're going to have some real poor people living next to the freeway. You're not going to have good quality low-income people living backyard to that terrible noise. And there's no way the property on Camas had a huge berm with a fence on top, and I could not communicate with somebody on the other side of a net in my backyard. That noise is going to deter good quality low-income people from living in that unit. Thank you. Rountree: Thank you. Yes, sir. Young: My name is Stan Young. I live at 671 East Trinidad in Meridian Greens Subdivision. I came here just last October from Utah. Prior to that I had lived in southern California, but coming to Meridian was coming home because I was born here in a little house right down the street. So, I'm very concerned about the quality of life in my old home town, and I want to maintain it. It seems to me, I know you don't like to hear about California, however, they've put in an infrastructure first, and then they put in the communities. We're doing it backwards here. We're trying to put in some communities and then come along and provide for them. Another thing, I lived in an upscale neighborhood down there, $500,000 homes, this was about six to seven years ago, I was on the Board of Directors and president of the Homeowners Association for a couple of years, and we didn't have ycrime, no thislastspea,lkereybuilt some Qu Quality people saree apartment units, and then it beganI agree with not going to live next to a freeway. Thanks. Christensen: My name is Virginia Christensen. I live at 635 East Antigua. I've lived in Meridian nine years, and I love it. Its a wonderful community. I've never been before you gentlemen before, but I have been before the Planning and Zoning Commission on two or three separate occassions. Each time was to ask them to please not change the plan. When we all moved into this area, we knew what was going in across the street from us because it was zoned accordingly. We knew what was going in beside us and around us because it was zoned. That's the whole idea of zoning. And on those separate occassions when we — I've stood before you, it is because the developer at Sportsman Pointe and Meridian Greens wanted to change the zoning to accommodate their plans and not the City's plans. And I would be standing before the Zoning and 0 0 MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 38 Planning Commission had I known about this project coming up, so I am here tonight. I have just three quick points. I hope I don't repeat anything since I've been way back out there by the outside doors and haven't heard a single thing, but forgive me if I repeat. I'll try and be quick. Number one is just that. Please don't change the zoning to accommodate the plans of the developers. Number two is when you downgrade the zoning, you downgrade your tax base. I have lived 18 years in Boise and nine of them in Meridian, and as all of you know, and I know, and anybody who has lived in here for any time, most of the businesses in Boise, most of the people that work in those businesses are living in Meridina or outlying areas, and so we need all the tax base and as much tax base as we can get to be able to do all of those things that people have talked about tonight. My husband happens to work with low-income housing, in a kind of a side way. He's not a developer, and I know how these developments work. The first question is, if we don't put this in here, where will it go? And you gentlemen probably know this better than I do, that developers get options on a piece of land and then go seek to get the zoning or the approval to put in these developments. If it does not go here, I can assure you, and you probably know this is true that there are several other properties in Meridian that have already and options placed on them to do the same kind of a situation, development. When Meridian Ford wanted to go in across the street from us, I was not objectionable because I knew that's the kind of development that would go across the street from me. It was appropriate. But when we downgrade our zoning to accommodate the builder's wish, then we downgrade our tax base, we hurt our infrastructure, all those things we've talked about tonight. My last point is this: I have also seen, when I moved out to Meridian, that little sign as you came into Meridian, said 7,600 and some -odd people. I've noticed now that that sign says 36,000 and some -odd people, and I know why that's the case. Because we hold the cards. This is where the development is coming to. Meridian is called Meridian because it's right in the middle of everything, and people want to be here. We have developers coming to us from as far away as Arizona, Texas, everybody wants to build in Meridian. Did you know that in one of the national magazines we were listed as the 130' fastest growing city in the whole country? That's because we hold the cards. Gentlemen, I submit to you that it is high time that we say to the developers who want to, and I know at least two or three that have gotten wealthy from building in our community. Wealthy. To the point of retiring because of the developments they put in our community. I have no objection to that. I think everybody should make every dollar that they can make, but I think that since we hold the cards, it is high time that we, as Meridianites, say to those developers, "You want to build in Meridian? What are you going to do for us? How are you going to make Meridian a better place to live?" And that would be my suggestion, too. Before we put anything into this area, and I have no allussions that it will be not be homes like mine, but before we put anything into this community, we need to ask ourselves, "What is our overall plan for Meridian? What do we want to get out of our land?" And we need to say to those developers, "You know, that's a good idea. Now what are you going to do for us if you're going to get wealthy out of this community?" Thank you. MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 39 Weston: My name's Larry Weston. I recently moved to Sportsman Pointe. I live at 1365 East Blue Tick right across the street from this proposed development. I have several concerns. One of which, upon moving here, just recent move -in, my kids can't go to the school in the area, my moving into with all the neighborhood kids because it's already crowded at Mary McPherson. I've got to put my kids on a bus and send them to Lake Hazel. So they don't get to go with kids nearby. They're already — here in Meridian we're already behind in building schools for our kids, and it seems ridiculous to me that we're going to go ahead and build a 300 — or allow a 300 -unit complex built that close, and in an area where we've already got to be shipping kids away from our homes to go to school. I'm really concerned about how this picture is being painted as kind of a really nice family — it's a family unit or family — multi -family complex. I've lived in areas like that before when 1 was first married. I didn't think it was all that neat of an environment. It was unsettling to me that 1 had to work nights and leave my wife at home at nights alone and have kids, young adults, not married that they just — four or five guys got together, moved into an apartment, and partied all night, and I would get to leave my wife at home with this going on. Many nights, I can remember when I was at home sleeping listening to them out in the parking lots cursing, the fighting going on that happens in situations such as that. I can remember situations where my younger sisters came over and would be harrassed by guys when she's trying to come up and visit me. This doesn't seem like a real good environment for a family. We're considering putting this right next to family dwellings. 1 think it's neat that maybe we can have places for multi -family to dwell, but I also think we need to look at what else is going to come with a development like that. And I don't think its making Meridian any the better. So that's what I have to say. Thank you. Rountree: Thank you. Anyone else? Remind you to try to keep it to three minutes and something we haven't heard. Come on up. Hankley: All right. Nathan Hankley, 1582 East Opossum Court. I just flat don't want the apartments there. I'm concerned about my eight-year-old daughter's welfare. I'm concerned about my property values. I'm from California. The one man said that California built the freeways, built everyth' s. Took me twenty yng before thy brougea seapartmentout of theres'n. twenty Everybody knows what a mess California years to get out of an apartment. I don't want them anywhere near me. Thank you. Wendt: My name is Kimberly Wendt, live at 1991 East Three Bars Drive in Los Alamedos. I'm a dispatcher for an agency just outside of Ada County, and I've seen the kind of people that move into low-income housing. They're not all that bad, but when you have people that are losing their children because they can't supervise their children because there's ten- and six-year-old boys are running around at 11:00 at night stealing things from people, breakingtime for our emergency vehicles. Wh t kind of extreme, we're looking at response MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 40 response is it going to be for an ambulance and the fire department to get to that apartment compex at 4:00 in the afternoon because there's an accident or there's a guy who's having a heart attack and they can't get in because there's only two entrances? One that'll be blocked off of Overland? What kind of response are we going to have from our law enforcement agency when their budgets are being cut? They're not that big of a department as it is. What kind of response are we going to get from them during a domestic on a Friday night when we have to go between Ada County and Meridian? Is Meridian going to be able to get out there? Is Ada County going to be able to get out there? I don't know that the response times from emergency vehicles or emergency services have been thought about. And just being my exposure in the job that I have, I see that on an everday basis. Are we going to be able to get them out there as quickly as we need to be because of the access that's going to be blocked because of the increased traffic and the kind of people that are going to be in there? I don't oppose low-income housing, but what I do oppose is the kind that eventually fall in because not everybody wants to move into a lower-income development. I don't know that you guys would be as Councilmen were going to be living near that area or that you're going to be travelling on those roads, but everybody else who does are going to be the ones that are going to be impacted. I just wanted to bring that up. Emergency vehicles are going to be a big thing. You've got Boondocks. You've got the water park. When somebody falls off a park or off a slide, are we going to be able to get those emergency vehicles out there before something major happens to them, and it goes from something small to something big because we couldn't get them out there? That's all I have to say. Thanks. Riley: Hi. I'm Jerry Riley. I live at 1269 East Mastiff Street in Sportsman Pointe. I've got a couple concerns. I did 27-1/2 years in the military, I lived all over the world. Lived in major cities. I lived in Fort Mammoth, New Jersery, Cleveland, San Antonio, San Francisco, and I've been in places where if I forgot something in the house, I'd lock the car before I could go in. I chose Meridian because, and I'm finally able to if I don't remember if I locked the house when I leave, I can actually go someplace and not have to run back and check to make sure I locked the door. Another thing, five years ago, I rode my bike across the interstate on Meridian Road. One time. And the traffic was so bad the trucks were brushing my windbreaker. So recommend solution, if you are going to bring this in, don't bring it in until you get a pedestrian crossway over that bridge. Another solution is if you're going to put it in, put some baseball fields, maybe a YMCA over there or something like that. And then the last thing I wanted to say is 100 percent of us here, we live here, this is our home, this is our neighborhood. 100 percent of us oppose it, so all I can say is I don't care where you guys live, I don't want to know where you live, but I know if you lived across Overland Road, you'd be voting right along — you'd be agreeing with us right now. Thanks. Rountree: Anyone else? Ma'am. 0 • MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 41 Berta: Hi. I'm Connie Berta, and I live at 2063 South Elkhound Avenue in Sportsman Pointe Subdivision. I know that this has probably been mentioned, but not quite in this way is it's been mentioned that the Boondocks and the waterpark are down on Overland. Those 240 children will be trying to get there. How do you think they're going to do that? They're going to go by bike and they're going to peddle it down there. My kids are 16 and 19, and they've peddled their bikes down there. They've walked down there, and it's downright scary. They're taking their lives in their hands to go down Overland Road. That road needs to be a four -lane road before you do anything. Thank you. Rountree: Anybody else? Okay. If the applicant would like to address some of the questions that have been raised — Cooke: If you think you're scared. I guess the hardest one was yours when you said I felt your pain. I do. Rountree: Excuse me, Pete. Just get us on record. Cooke: Peter Cooke — I think everybody here knows my name. Rountree: We don't on tape, though. We don't see faces on the tape. Cooke: Mr. President, thank you. The integrity of the individual, this is only where I'm trying not to be emotional. I really thought that was a comment that I do feel a concern here, and whether how this vote goes, I just want to plead for several things. First of all, I don't know where low-income housing has come into this factor, because we couldn't even talk about this at Planning and Zoning. The attorney didn't even allow us to bring that up even as a discussion. It was referred to as 236s and Section 8s where high crime does come, but I don't even know where that issue's coming. I know it's been presented to everybody that this is going to be a low-income housing development. With that comes a fear. I think that has stirred a lot of people up, and I think that's an issue that I think is not fair for us because nobody said this was going to be a low- income housing project. There were too, I think, tonight is not defending where I come from Utah or where — we're all Americans. America is a country where business (inaudible) support business. Whether or not this development is going to be enhanced by people living next to the freeway or what have you, this should not be a discussion of a cast system of — you know, apartment dwellers and what have you. I will own this development, and I will keep it, and my profit is determined on how it looks, and I will become part of this residency here meaning I will be here to make sure that development moves forward. Here is a (inaudible) to defend the process. You've had professional planners who have addressed every one of these emotional issues, who have addressed the issues — I'm concerned tactiviNeare — the that the ovelrall highway expansion meeting it was told to us that because of the tY MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 42 was expedited, and that would fit in, and the Planniur ne and think thag and Zoning t's n theat was a m minutes, critical vote for them that this would meet ie actually brought that up that the and one of the Planning and Zoning people ay Inaudible lower infrastructure would catch up to it. There are many ddie`SWhY did you bring the property value, and one gentleman got up ands , You know, up development that you have in Park City," is because we are doing what we're 00 homes. it's not a preaching here. We're building apartments n n Land Institute studies that show that contradiction, and I can refer you to a lot of Urre there's no factual — there's no fact that housing will bedevsemd. Nouck , theotheris ct that that saying commercial will devalue. Looking In back oa can be on a commercial site will. We have developed this { e e mss have have lot of open space, and I think the school district has looked at it, P looked at this, and I think we have followed the process. There d hatlot of oche what I s that were before us that didn't get this far as this meeting tonight. think is here is the integrity of what you've put ,andtogether, ve been do ngtthis foro say h at that aff, and lot of Planning and Zoning Commission and its St ears, is probably the most articulate and well versed I've ever been around, and 1 y So, thank you. mean that with all sincerity. Rountree: Thank you. Just a minute, please. Did you have anybody else from your staff that — okay. Thank you. The hearing is still open. We will still accedept ttestimtestify. We would like to let you know thaThree minutes and try you haven't to keep it to items we have not niz aren't in a rebuttal situation. heard, please. Sir. e's Don Nicholson. I live at 456 Easot Amaaretnt and two- Court Meridian. Nicholson: My nam I have a question for Mr. oke. You have t s the monthly rent goi nthree-bedg be or those apartments? bedroom apartments. Cooke: In the last time, the attorney didn't allow us to have that discussion (inaudible) Rountree: (inaudible) The question needs to come through Council. So you're asking that — for that information. What are the rental rates? Nicholson: The rental rates, and the reason I'm asking that question is the information that I've been given is low-income housing. So that's the reason I'm asking the question. nts to the Council, we'll get your question Rountree: Let's you address your comme answered. Nicholson: Okay. My question is to you the rental rates for those units. 9 0 MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 43 Rountree: Okay. Thank you. Nicholson: The other reason I'm here is that just to acknowledge or get recognition that I'm in opposition of this development. Thank you. Rountree: Ma'am. Weber: Yes. My name is Dena Weber, and I livfact that I�O ed n an apartment complex East Time Zone in Los Alamedos Subdivision, and I can attest to the over in Columbia Villages over in East Boise. vias ahe rent ot of peopl0 a month. That was a e that I don' know how lot of money. And in that apartment complex they got that kind of money, but there was a lot of people in there that scared my kids to death. And I haven't heard any parent here on behalf knowabouttheir children, City Councilmen, who year-old son and a 14 -year-old daughter who don't don't know about developers, but they have mentioned to me on a number of occassions in the last week when they have been seeing he lived there? And signs up, how cait wasthey be protected from people in apartment complexes because y $850 a month. And that's not low-income. And it's g going ttonbs anything are for people who are than that, and it doesn't matter because, most generally, p artmegoing to be there for a short term or for interim of some sort { bet the home that their have own homes. It took my husband and I almost three y 9 right now, and we are excited about being in that home, and wwe ant to stayave there, re, and we want to see the quality of our lives maintain whey theyre and children in fear. And I would just ask that maybe you would consider what the children are thinking about right now. Thank you. Rountree: Anyone else? New? Something we haven't heard? Waite: Yes. Rountree: Okay. Waite: My name is Bruce Waite. I live at 1753 develop radenton Place in Slpor bmeaens Pointe directly across from where this proposed sitting here listening to this, and we've talked about ou he thisaffects of life for those folks who homeowners in the area, andunits,uld we're submit alking 1 000 People living on 15 acres. That's live in that complex, its 300 , 204 feet. There's no 60 people on one acre of ground. An acre is 204 feet by sidewalks for the kids in that community or that apartment edoming out and going x to ride bi the They have to ride them right on the roads that people complex on. It's totally inappropriate in its location in relation to the freeway into all the businesses adjoining to it. It's just completely out of place for that locatfor them, and it's ion, and the quality life for the folks that live in there is not kids that live there.oing to be You quoted- or somebody quoted a concerr n for the safety of the 0 i MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 44 roughly 170 some kids of junior -high age and less, and how many toddlers and younger kids and that are going to be riding their bikes, playing in that area? There's no other area to go to from their to recreate in other than our subdivisions. There's no sidewalks for them to go up and down Overland or Locust Grove on, so the quality of life for the tenants in that area is not anything that I would propose. Park City's one thing. There's upper-income, folks. You're going to the ski hills. This is not Park City where they're building that. Thank you. Rountree: Anyone else? You've testified, sir. McCormick: Hi. I'm Ed McCormick, 1341 East Beagle. A lot of the people here are expressing a lot of frustrations towards the Council as if somehow you're the one proposing this development, and you're not. I know that. The people that live here, their frustration, a lot of fear, a lot of concern, but if the proposal was here for a prison or a nuclear plant, it would be just as out of place in that area as having almost 1,000 people. It doesn't fit into the neighborhood. It doesn't fit into the community. Now I don't know — this is the first place I've ever lived where a car dealership was preferable to other people living there. But if the people live here believe that this is what they want to have, then I just ask that you would hear them very clearly, and set aside their frustration that you — that their frustration is fear. And I really do believe you'll make money somplace else, and I hope you do really well, but just not here. Rountree: You turned a great phrase there. Again, three minutes, new testimony, ma'am. Johnston: Hi. I'm Denise Johnston. I live in Sportsman Pointe, and I just have a question. If we want to build a fence too close to the road, we've got to get the whole neighborhood to sign it. How can you change the zoning where people have built their homes knowing that's the zoning that's going to be there without getting the majority of people around it to approve it? We can't even move a fence, but you can consider changing zoning which will affect schools, property values, and other things you've already heard. And that's just a question that I'd like to pose to you. Thank you. Rountree: Thank you. Ma'am. Brimhall: My name is Brook Brimhall. I live at 840 East Martinique in Meridian Greens. I'd like to submit for record another ten signatures from our petition. I just want to bring up as the lady said as she was presenting her information about the apartment complex, the letter from Jim Carberry from the school district saying that we will have all these other kids, and he will approve it with the help of the City Council, and how are they going to fix the problem with the kids? So that is the question that I bring up to you: How can the City Council do that, and what are your plans to do that? Thank you. MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 45 Rountree: Sir. Corder: Yes, sir. Kent Corder, 2521 South River Downs Place in Meridian, Los Alamedos Subdivision. Taking all the emotion out of this and making it strictly a business decision, sir, we don't need to worry about who's going to live there and what they're going to pay, and taking away all of the descriminatory comments and just getting down to business, the infrastructure of Meridian is just not prepared to it, I believe. The zoning is there, I believe we should stay at the prescribed zoning and zero community support. So as a licensed real estate agent, I'd like to offer my card to this gentleman, and I'll make you some money, sir. Rountree: We're not here to broker deals. Anybody else? I'll remind you we've been at this almost an hour and a half. Anybody have new testimony to offer? If you've testified before, you've had your opportunity. Traska: Hello. I'm John Traska, 1928 East Blue Tick, Raven Hills Sub. Don't have a whole lot new to add. Everybody kind of feels the same way I do. I just like to ask you gentlemen of the Council. You have 800 names submitted, some more submitted, I think if all the people have been contacted, you'd probably have two or 300 more names. Those people live here, they pay their taxes here and they've built their lives here. And we want to stay here. Consider those people. Thank you. Rountree: Thank you. Anyone else? I have just a question for Peter. Could you speak to the possible range, though you may not be specific. If you'd use the mike. Cohen: My name's Mark Cohen. I'm with (inaudible) Development Company. Our original performance are the two -bedrooms would start in the mid to high $500 range, and the three -bedrooms would end in the mid $700 range. That's giving you ranges to where we'd start, and that's probably 18 months from now, 24 months from now. Rountree: Okay. Thank you. Council, is there any discussion? Need a motion to consider closing the hearing. Bentley: So moved. I withdraw the motion. Question for the developer. I was reading the Findings of Fact in the information from Ada County Highway District, and they were talking about on Locust Grove and the overpass and talking about the interstate that there would need to be some contact with Idaho Department of Transportation. I haven't seen any submitting material. What I'm concerned about is if and when they do build this overpass, it's obvious that the emergency access is going to go away, and I would assume that they probably have some guidelines on any access roads coming in a certain distance from an overpass. Has any of that been researched, and would that side access on Locust Grove go away when that overpass is built? 0 MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 46 Rountree: Give us your name, please. Cohen: Mark Cohen. In fact, if you see — Rountree: Take the mike with you, sir. Cohen: I assume you're talking about the emergency exit. is Bentley: Yeah. The second one, when they build the overpass — Cohen: Down here? Bentley: Yeah. — is that close enough to the overpass that that would be eliminated too? Cohen: No. We've followed their instructions on that. If that was the case, then the entire gas company and everybody that way up, the recreation, we're far enough down. They're more concerned about our distance off the interchange than they were from that up to the overpass. This would not, obviously, work, and that's why we took that out of our original drawings. Bentley: Thank you. Rountree: Any other discussion on Council's part? Bentley: No. Bird: I have none. Rountree: Do we have a motion? Bentley: Mr. President, I move we close the public hearing. Bird: Second. Rountree: Been moved and seconded to close the public hearing. All those in favor? MOTION CARRIED: ALL AYES Rountree: Discussion, deliberation? Bentley: First of all, I'd like to thank everybody for coming here tonight. We can't even see you all out there, and we do appreciate the way you conducted and in an orderly MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 47 fashion. We've had some here that have gotten out of hand, but we appreciate what you've done. On the project, 1 have some real concerns for the ingress and egress. It's a lot of vehicles, a lot of traffic — *** End of Tape 2, Side 1 *** I understand the plans of ACHD and understand their timelines. As of right now, I have a real problem with supporting this project. The emergency access, as stated, will go away. No sense in really getting in with it because of the contact at the bridge. I've got some real problems, so I won't support this. Rountree: Any other discussion? Anderson: Mr. President. Rountree: Mr. Anderson. Anderson: I'd like to just make a statement, I guess, to the public, because I heard several comments during testimony — I heard several comments about worrying about police and fire protection and public safety, and there were several comments about cutting the police department budget. I think what's happening is there's been some misinformation put out there. That was not the case. The City Council did not cut the police department budget. In each city department budget, there are three components. One is the personnel cost, the other is the operating cost, and one is for capital improvement: purchase of new equipment or new buildings or vehicles and things like that. We simply had more requests this year than what we had money. We had a request of over $1,500,000 for capital improvement for the police department and over $2,000,000 for the parks department. We asked them to trim that down, they weren't able to do that for us, so we therefore took the capital improvement out of those departments' budgets, and we put that money over in another area of the City's budget, and we will determine at a later point what those capital expenditures will be. But I want you to rest assured that we are not cutting police officers, we are not cutting salaries, we are not cutting their operating expenses — Rountree: We increased their salaries. Anderson: Yeah. In fact, we've increased their salaries, so I just wanted you rest assured that we are not doing that and a lot of that has been misinformation that has been presented to the public. So I apologize for that. As speaking to the project, I have heard a lot of testimony tonight, and there's been a lot of you folks that have done some extremely valuable homework, it sounds like. I, too, have been a long-time Meridian resident, and I remember when that signbout building the mfrastructu a e as you first into That would agree with the gentleman that talked a 9 • MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 48 be really nice to do. It would be really nice to widen all the highways and to build fire stations and hire police officers and have the schools. We simply haven't found that magical pot of gold to be able to do all those things prior to development hitting. This particular project, though, I would tend to agree, is the density is very high for the particular area, I don't think the infrastructure is there at this point to support this type of development, I'm not sure it mixes real well with commercial development. My gut feeling at this point is that I would not be in favor of this project. Rountree: Any other discussion? Bird: Mr. President. Rountree: Mr. Bird. Bird: Yeah. I worry about the infrastructure. Of course, I also feel that if we were to worry about infrastructures, I am one that was moved here to Meridian when the sign said 1900. Anderson: Always trying to one-up me. Bird: I (inaudible) but you know, if we had worried about infrastructure, Meridian Greens and Sportsman Pointe and that stuff wouldn't be out there now. I don't think its the time for this kind of development at that point. I believe with the church, I would a lot sooner see it go to a commercial. I do'think you want retail support this. out there because of the same reasoning. So I, fight at this point, Rountree: Mr. Gigray. Gigray: Mr. President, members of the Council, this is just a point of procedure. Since you had a joint hearing for both the annexation and zoning and conditional use permit, would recommend you might consider your deliberation on the annexation and zoning which is Item 8. Depending on what your decision is on that might govern what you would do on Item 9. Rountree: Thank you for pointing that out. Any other comments? Gigray: I have no more comments. Bird: I have none. Rountree: Okay. We need some guidance and direction and a motion for Item No. 8 which is the annexation and zoning. 0 0 MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 49 Bentley: Mr. President. Rountree: Mr. Bentley. Bentley: I would move that we deny the annexation and zoning of 20.35 acres for R-15 zoning of land proposed for 300 units of multi -unit family rental for Sundance Apartment Homes by Sundance, LLC. Rountree: Need a second. Anderson: I would second that. Rountree: I was wondering where you guys went. (inaudible) I have a motion to deny. My question with regards to the motion is we need findings. Anderson: Okay. I will withdraw my second. Bentley. Okay. Now I understand where you're headed. Mr. President, I would move that we instruct the City Attorney to prepare Findings of Fact and Conclusions of Law reflecting the denial of the annexation and zoning of 20.35 acres for a 300 -unit multi- family rental by Sundance, LLC. Anderson: I would second that again. Rountree: It's been moved and seconded to prepare Findings of Fact and Conclusions of Law which would reflect the denial of the application for annexation and zoning of this Item No. 8. Any discussion? Bird: I have none. Rountree: All those in favor of the motion signify — excuse me. Its a roll -call. Mr. Anderson: Aye. Rountree: I was about ready to call you Mr. Armstrong. That's an internal joke there. Mr. Bentley. Bentley: Aye. Rountree: Mr. Bird. Bird: Aye. MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 50 Rountree: All in favor of the motion. MOTION CARRIED: ALL AYES. Rountree: Now that's Item 8. We have Item 9, the conditional use permit. It's almost a moot point, but we need a motion. Gigray: Do we need some instruction? Point of information, procedure. Mr. President, members of the Council, since your action directs that I prepare Findings of Fact and Conclusions of Law regarding denial of annexation and zoning, and because conditional use permits cannot be granted until there is an annexation and until there is a zone in which the conditional use permit is authorized under City ordinance, it would appear to me that it would be appropriate to simply table Item 9 pending your final action on Item 8 which would occur when you finally adopt findings and conclusions in order because it's, as you know, been my advice that you can make changes in those up until the point that you vote on them, and I think it'd just be appropriate to table Item 9. Rountree: Thank you. Bird: Mr. President. Rountree: Mr. Bird. Bird: I move that we table the conditional use permit for 300 units of multi -family houses by Sundance, LLC, north of Overland Road and west of Locust Grove until the Findings of Facts and Conclusion on Decision of Order for the annexation and zoning has been passed. Rountree: Is there a second? Anderson: Second. Rountree: Its been moved and seconded to table Item No. 9. All those in favor signify by saying aye. MOTION CARRIED: ALL AYES. Rountree: Again, folks, I'd like to thank you all for following instructions well and making this as pleasant for all of us as we could. Anderson: Let's not have a jail break. 1] 0 MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 51 Rountree: I'm going to entertain a motion from Council right now, because I think we all need a bit of a break. Anderson: So moved. Rountree: Moved. Second? Anderson: Second. Rountree: All in favor? MOTION CARRIED: ALL AYES 10. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR SANTEE COMMERCIAL COMPLEX BY PINNACLE ENGINEERS (WES WORCESTER) — LOT 3 BLOCK 2 OF RAILSIDE PARK SUBDIVISION. (ATTORNEY TO PREPARE FINDINGS) 11. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR TOWNHOUSE CONVERSION OF MULTIPLE BUILDINGS ON A 1 ACRE LOT BY WES WORCESTER—RAILSIDE PARK SUBDIVISION AT PINE AND LOCUST GROVE: (ATTORNEY TO PREPARE FINDINGS) Rountree: Items 10 and 11, preliminary plat and a conditional use permit. Those people here on Items 10 and 11, would you object to having both of those hearings opened up at the same time? Unidentified speaker: (inaudible) Rountree: Anybody else? Bird: Is that the same Rountree: Its the same. Is that agreeable with the Council? Bird: That's agreeable with me. Rountree: Okay, then I'll open up both hearings 10 and 11 for request for preliminary plat and a conditional use permit for townhouse conversion on multiple -use buildings on one -care lots of Wes Worcester, Railside Park Subdivision. Shari. And before she starts, those people who are here for hearings, the Council opened the agenda earlier and has made the decision that they will not open an additional public hearing after 10:30, so after about Item 13, its questionable whether or not you'll have your hearing Meridian Planning and 10ing 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 14tH 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 laing 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 laing 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 ping Committee Special Meeting 10 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 -1 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 Wing 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. 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 ring 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 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 andoing Committee Special Meeting August 25, 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 andaing Committee Special Meeting 10 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 financial 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 sort of a —this is going to be a green looking very impressive piece of property that will be maintained. It can not—I 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 andwing Committee Special Meeting 0 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 King 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. Freckleton: 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 *ing 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 ACHD. 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 ACHD. 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 -1 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 andaing 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 in 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 I 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 sing Committee Special Meeting 0 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 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? Meridian Planning and *ing 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 I 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 — 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 andwing 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, there 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 can 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 andaing Committee Special Meeting 0 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 am 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 I 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 if it 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 and9ning Committee Special Meeting 0 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 apartment buildings. 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*ing Committee Special Meeting 0 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 andaing Committee Special Meeting August 25, 1999 Page 50 De Weerd: I second that. Borup: I thought I 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. I will show it here. It is for multi -family dwelling apartment complex. There are pros and I n, rn ------------m M m 7 S j-lW S �S S S i <I u W 0 t Y i ' Qin 3i =;Wta;4;a�ma aeon 2nouo lsnoo-i ,r u II�a - a ------------ n HCO CL- WQW� momw JAZ Zzz >>> UaUU Q app OCNOO� N�QW Cl)�J C)Eet(L N?52� N V W°°W cop z LLJ Q UO Lucca J am R¢}}--'L aa � 0( 0 pp -j LU LL) LU Q�ZO U ZZZ YYY m mmF W WCLW QQQ �— NC)O wo0a- a-dd Q IL CO a U W TI E 0 s MERIDIAN PLANNING & ZONING MEETING: AUGUST 251999 ITEM NUMBER: 5 APPLICANT: SUNDANCE LLC - REQUEST: ANN txAI1UN a 1-vi-411..� - -- PROPOSED 300 UNITS OF MULTI -FAMILY RENTALS AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER: All Materials presented at public meetings COMMENTS SEE ATTACHED MINUTES SEE ATTACHED LETTER SEE ATTACHED COMMENTS ,J,p "pG � Uv Ity of Meridian. Meridian Planning and1wing 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: We are going to reconvene now and it is now almost 9:30. We are at Item 11. I had made an announcement earlier this will be continued anyway. 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 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 andoing Commission Meeting 0 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 Shad'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. I 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 andiwing 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. 1 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 andiaing 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, its 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. I 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 andaing 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 in 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 ss a the street, they did not know until we told them. i think that if the property pgau 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 sing 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 I 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 1 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 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 sing 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 moming-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: 1 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 ACRD. Meridian Planning and Ging Commission Meeting 0 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 Brad 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: 1 am trying to get that down right now. De Weerd: I met for Shari. They are going no ---yes. MacCoy: I know but I am trying because one of the things she and I 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 10th, 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 I 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 andaing Commission Meeting 0 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 P&Z 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 25"'? You said 8 items, but— Stiles: ut 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 back log to the future. 1 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 anoning 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 25tH. 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 251H Borup: Second. Meridian City Council Meeting October 5, 1999 Page 18 (PROPOSED CREEKSIDE ARBOUR PHASE II) BY WILLIAM & LUCILE LEAVELL—END OF 5T", NORTH OF CREEKSIDE ARBOUR PHASE I & SOUTH OF FAIRVIEW: Corrie: Item No. 8 is tabled from 9/21/99. It is the Findings of Facts and Conclusions of Law: Request for rezone of 7.265 acres of Creekside Arbour Phase II. Gary, if my notes are correct, there was a legal description problem here. Is it still on? Smith: Yes, sir. Corrie: Okay. So we don't have the correct legal at this point, either? Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move that we table Items 8 and 9, Creekside Arbour Phase II until October 19th. Bird: Second. Corrie: The motion is made that we table Item 8 and No. 9 until October the 19th meeting. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES 10. FINDINGS OF FACT AND CONCLUSIONS OF LAW: ANNEXATION & ZONING OF 20.35 ACRES (FOR R-15 ZONING) OF LAND FOR PROPOSED 300 UNITS OF MULTI -FAMILY RENTAL (FOR PROPOSED SUNDANCE APARTMENT HOMES BY SUNDANCE, LLC –NORTH OF OVERLAND ROAD AND WEST OF LOCUST GROVE: Corrie: Item No. 10 now. This is the Findings of Facts and Conclusions of Law: Annexation and zoning of 20.35 acres for R-15 zoning of land for proposed 300 units of multiple -family rental for proposed Sundance Apartment homes by Sundance, LLC north of Overland Road and west of Locust Grove. Council, you have the Findings of Facts and Conclusions of Law for the annexation and zoning. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Meridian City Council Meeting October 5, 1999 Page 19 Bentley: I move that we approve the Findings of Facts and Conclusions of Law and Decision and Order denial for Sundance, LLC proposed Sundance Village. Bird: Second. Corrie: Motion's been made and seconded to approve the Findings of Facts and Conclusions of Law in Item 10 for denial of the annexation and zoning of Sundance, LLC. Any further discussion? Hearing none, roll -call vote. Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree is absent. Motion's carried. MOTION CARRIED: ALL AYES 11. TABLED 9/21/99: CONDITIONAL USE PERMIT FOR 300 UNITS OF MULTI- FAMILY HOMES BY SUNDANCE, LLC —NORTH OF OVERLAND ROAD AND WEST OF LOCUST GROVE: Corrie: No. 11 is the Findings of Facts and Conclusions of Law. This is for — excuse me. A conditional use permit for 300 units of multiple -family housing, Sundance, LLC, and I believe since the — Bird: This is — Corrie: This (inaudible) okay. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move that we approve the order of dismissal for application for conditional use permit by Sundance, LLC. Bird: Second. 1111\ LI !-VVI\I I\1/ Moffatt Thomas M01 -FAIT THOMAS EAR= ROCK ear RELDS, CHID JoAnn C. Butler 208.385.5404 direct jabomolilai corn April 27, 2001 via Facsimile & US. Mail Mayor Robert Corrie and Meridian City Council 33 East Idaho Meridian, Idaho 83642 RE: Sundance Subdivision/Meridian City File No. AZ -00-21 MTBR&F File No.: 21-834.0 Dear Mayor and Council Members: Boise Idaho Falls Pocatello US Sank Plaza Building 1015 Capitol Blvd 10th FI PO Box 829 Boise Idaho 83701 0529 203.3452000 208.3aS538a fax www.moffatt com This firm represents CT. L. Voigt Development, the applicant requesting annexation into the City of Meridian, and preliminary plat and zoning approval for Sundance Subdivision. On April 17, 2001, less than the full City Council denied our client's requests on the sole basis that the sewer service is "not readily available." We are asking the full City Council to reconsider this matter. As you know, the Planning & Zoning Commission received recommendations of approval from both the Planning Department and Public Works staff. The Planning & Zoning Commission approved the applications unanimously. The issue for the City is its concern that no building occur until sewer is extended to Sundance Subdivision. Our client understands that concern, and is willing to ensure that there would be no building within Sundance Subdivision pending the extension of the sewer. That assurance can be given to the City at a reconsideration hearing. Our client has a long-standing relationship with the City of Meridian, and clearly desires to work with Meridian as hard as it always has to provide a well-planned addition to the community. We believe our request to have the applications BOt MT1:343124.1 APR 27 '01 18:14 2083855350 PAGE.02 Mayor Robert Corrie and City Council Apri127, 2001 Page 2 approved with the assurance that no building occurs until sewer is extended provides the City with the comfort it requires while, at the same time, ensuring that neither the applicant nor the City has spent considerable time and money in vain. We respectfully request the City Council to reconsider this matter at its May 1, 2001 hearing. Sincerely, JoAnn C. Butler JCB:1aa cc: (via facsimile and U.S. Mail) Gary Voigt Steve Arnold Bill Nichols 60i Wi:343124.1 APR 27 '01 18:14 2083855350 PAGE.03 r RECEIVED APR Moffatt Thomas �YORS OFFlc MOFFATT THOMAS BARRETT ROCK & FIELDS, CHTD CM OF MRRID Return Mailing address: Return Delivery address: PO Box 829 1018 Capitol Blvd 10th FI Fax: 208 385 5350 Boise ID 83701 0829 Boise ID 83702 Voice: 208 345 2000 Direct: 208 385 5404 3 Pages (including this cover page) Sent: April 27, 2001 File No.: 21-834.0 TO: Mayor Robert Corrie CC: Bill Nichols and Meridian City Council Fax Number. 288-2501 Fax Number: 887-4813 Voice Number: 288-2499 Voice Number: 888-4433 CC: Steve Arnold CC: Gary Voigt Organization: Briggs Engineering Fax Number: 208/529-0882 Fax Number. 345-2950 Voice Number: 208/524-6000 Voice Number: 344-9700 FROM: Description: Comment: JoAnn C. Butler Sundance Subdivision Please see the attached letter to Mayor Come and the City Council. PLEASE DELIVER IMMEDIATELY The information contained in this facsimile message is attorney privileged and confidential information intended only for the use of the individual or entity named above. If you have received this communication in error, please immediately notify us by telephone to arrange for return of the original document to us. Thank you. B01 MT1:303596.1 APR 27 '01 18:14 2083855350 PAGE.01 April 13, 2001 AZ 00-021 MERIDIAN CITY COUNCIL MEETING April 17, 2001 APPLICANT G. L. Voigt Development ITEM NO. 3-H REQUEST Annexation and Zoning of 70.72 acres to R-8 for proposed Sundance Subdivision -- nnr+hAn-,t onrner of Ustick and Meridian Roads AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached from Briggs Engineering See attached findings ate'0- Contacted: Steve Arnold, Briggs Engineering Date: 4/13/01 Phone: 344-9700 Materials presented at public meetings shaN become property of the City of Meridian. April 11, 2001 City of Meridian Attn: Honorable Mayor Corrie and City Council Members 33 East Idaho Street Meridian Id. 83642 RE: Sundance Subdivision Dear Honorable Mayor Corrie and City Council Members 1800 Wrest Overland Road Boise, Idaho 83705 — 3142 Voice (208) 344-9700 Fax (208) 345-2950 stevea@bfiggs-engineedng.00m www.bdggs-ongineedng.com RECEIVED APR 1 1 2001 CITY OF MERIDIAN CITY CLERK OFFICE This is a formal request for reconsideration on the annexation and preliminary plat application for Sundance Subdivision. The applicant, Mr. Gary Voigt, recognizes the Council's desire to postpone development along the White Drain sewer trunk line until further progress is made. However, the applicant believes a deferral of the applications for 90 -days would have accomplished the same goal. If substantial progress has not been accomplished on the White Drain trunk line at the end of the 90 -days, the applicant would consent to another 90 -day deferral. Mr. Voigt has paid substantial application fees and has spent a considerable amount of time on the application. At the February 15, 2001, Planning and Zoning meeting we had recommendations for approval from both the Planning staff and the Public Works staff. The Planning and Zoning Commission, based on staffs recommendation, approved the project unanimously. Based on the positive recommendations that we received from City staff and the Planning and Zoning Commission we went forward with application to the City Council. The project was then recommended for denial by the Planning staff at the City Council hearing. The reversal of staff's recommendation was quite a surprise. We do not believe that adequate time and opportunity to resolve the Planning staffs issues has been provided for our project. This is another reason that we believe this item should be reconsidered at a future date so that we can meet with the Planning staff and try and resolve the issues they have with the project. If we are not given the additional opportunity to meet with staff then the fees and resources that went into the project will have been wasted. If you have any question or need additional information please call me at 344-9700. Sincerely, Steve Arnold Project Manager/Land Use Planner 0205/Reconsideration interoffice MEMORANDUM Kr "" APR 101 To: William G. Berg, Jr. City of Meridian city Clerk Office From: Wm. F. Nichols Subject: G.L. Voigt Development for proposed Sundance Subdivision Date: April 6, 2001 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 City Council meeting of April 3, 2001. These Findings are now ready to be placed upon the April 17, 2001 City Council agenda. If you have any questions please advise. Z:\Work\NWeridian\Meridian 15360M\Sundance Sub A7-021 PP020\Berg040601AZDenyMem.doc \\NPA NTS40_PDC\SERVER Z\WORIC\M\MERIDIAN\MERIDIAN 15360M\SUNDANCE SUB AZ021 PP020\BERG040601AZDENYMEM.D( BEFORE THE MERIDIAN CITY COUNCIL F IL E copy IN THE MATTER OF THE REQUEST ) FOR ANNEXATION AND ZONING ) OF 70.72ACRES FOR THE PROPOSED ) SUNDANCE SUBDIVISION, LOCATED ) AT THE NORTHEAST CORNER OF ) USTICK ROAD AND MERIDIAN ROAD, ) MERIDIAN, IDAHO ) BY: G.L. VOIGT DEVELOPMENT ) OS -24-00 Case No. AZ -00-021 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL The above entitled annexation and zoning application having come on for public hearing on March 20, 2001 and continued until April 3, 2001, at the hour of 6:30 o'clock p.m., Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant were: Steve Arnold and Becky Bowcutt, and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for March 20, 2001 and continued until April 3, 2001, before the City FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER OF DENIAL / G.L. VOIGT DEVELOPMENT - PROPOSED SUNDANCE SUBDIVISION (AZ -00-021) 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 March 20, 2001 and continued until April 3, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§1 1-2-416E 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 70.72 acres in size and is located at the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER OF DENIAL / G.L. VOIGT DEVELOPMENT — PROPOSED SUNDANCE SUBDIVISION (AZ -00-021) northeast corner of Ustick Road and Meridian Road. The property is designated as Sundance Subdivision. 5. The owner of record of the subject property is the McBirney Property Trust of San Jose, California. 6. Applicant is G. L. Voigt Development of Idaho Falls, Idaho. 7. The property is presently zoned by Ada County as Rural Transitional, (RT), and consists of agricultural uses. 8. The Applicant requests the property be zoned as R-8 Medium Density Residential. 9. The subject property is bordered to the north, south and east by Ada County properties, by Meridian subdivisions on the south and west. 10. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 11. The entire parcel of property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: 214 single family lots, 23 common lots and 4 office lots for a residential subdivision. 13. The Applicant requests zoning of the subject real property as R-8 which FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER OF DENIAL / G.L. VOIGT DEVELOPMENT — PROPOSED SUNDANCE SUBDIVISION (AZ -00-021) is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. The City Council recognizes the concerns of Mike and Donna Anderson, Langley Farms, Limited, and Raquel Hansen and family. 16. The development is premature due to the fact that sewer service is not readily available, and the additional residential lots would place undue stress and hardship upon public services. 17. 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 The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11- 2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The City Council may take judicial notice of government ordinances, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER OF DENIAL / G.L. VOIGT DEVELOPMENT — PROPOSED SUNDANCE SUBDIVISION (AZ -00-021) 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 Density Residential District, (R-8) is defined in the Zoning Ordinance at 11-7-2 D. as follows: (R-8) Medium Density Residential District: The purpose of the (R-8) District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 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." 6. 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, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER OF DENIAL / G.L. VOIGT DEVELOPMENT — PROPOSED SUNDANCE SUBDIVISION (AZ -00-021) 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." 7. 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.] 8. 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. 9. The provisions of I.C. § 50-222 govern the conditions upon which the City y exercise its authority to annex territory, but the exercise of that authority is discretionary as determined by the City Council. 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 due to the fact the development is premature and that sewer service is not readily available, and that the additional residential lots would place undue stress and hardship upon public services. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER OF DENIAL / G.L. VOIGT DEVELOPMENT — PROPOSED SUNDANCE SUBDIVISION (AZ -00-021) 2) Based upon the section set forth in item no. 1 the application for zoning designation is dismissed. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the 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 � day of 12001. ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS VOTED VOTED VOTED dv % Sx_)_� VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER OF DENIAL / G.L. VOIGT DEVELOPMENT — PROPOSED SUNDANCE SUBDIVISION (AZ -00-021) MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: MOTION: APPROVED: VOTED DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney.r%N"ww1z"h r'w0 CF Dated: Z:\Work\M\Meridian\Meridian 15360KSundance Sub AZ021 PP020\FFCLOrderDeynAZ021.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER OF DENIAL / G.L. VOIGT DEVELOPMENT - PROPOSED SUNDANCE SUBDIVISION (AZ -00-021) $ V »•r...�+i�++ The Idaho�ndan�-Z Statesman P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICATION Amount: A� # pTl# Identification $99.72 064514 409872 PUBLIC HEARING Run Dates Ordered by: P.O. # Rate NT MARCH 2, 16, 2001 Number of Lines CITY OF MERIDIAN 62 33 EAST IDAHO ST. Affidavit Legal # MERIDIAN, IDAHO 83642 1 9738 r t JANIt^F HILDRETH, being duly swom, deposes and says: That she is the Principal LEGAL NOTICE Clerk of The Idaho Statesman, a daily newspaper printed and published at PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Boise, Ada County, State of Idaho, and having a general circulation therein, and Ordinances. of the C*j of Meridian and the which said newspaper has been continuously and uninterruptedly published in Laws of the State o .kiaho that the City Council of the, City of Met+id'lan will hold a said County during a period of twelve consecutive months prior to the first public hearing'at the Meridian City Hall, 33 East Idaho street,` tllendian,.Jda�a -at the publication of the notice, a copy of which is attached hereto: that said notice -hour of 6:30'0.m. on March 20, &1, for was published in The Idaho Statesman, in conformity with Section 60-108, the pu of reviewing and collsideielg TWO G s of I Idaho Code, as amended for: pevelonrt for annexation and zoning of 70 72 --acres io R$ for pro -Sin le posed Sundance Subdivislon �enerallyY consecutive weekly 9 ocated on the northeast Wmer :of Ustick' and Meridian Roads,Lr odd ski G.L. Voigt r)!PrI erlmf aconsecutive daily p nary Plat a pcOvalpf 2 singltfamily-W, insertion(s) 4 future office lots. ark on 69.79 acres fof Subdr MARCH 2 , 2001 ;vision 8eneraly located attht Icor beginning with the issue of: xnel of Usdc" mid M , MARCH 16, 2001 r iI�ubbl�Engntr __, +P�d and ending with the issue of: - 100911ITNE tPTMb.m- rm /John*on - Design or. a Conditional le Permit for, an office building for O'Neill tties,in an,L-0 zone generally located at 5 Soutit Locust Grove Road at Franklin W an Locust Grove Road, Larson Architects for annexation and ng of. 78 acres from R), to C•C and C•G is for; proposed Silverstone Corporate er generally located, Rhe southeast tr o Overland and reon Architects for a Conditional Use t for a commercial planned -unit devel- 1t and floodway approval to proposed Id C•G zones for proposed Silverstone ate Center generally located at the ast comer of Overland and Eagle m Ara dtacts for Preliminary Plat I of -15 building lots and 1 other lot )sed CC and C•G zones for pro- '. ilverstone Corporate Center ever• , ad at the southeast comer of pver =dglo Roads..^` 2,16, 2001 r 9738 ------------ STATE OF IDAHO ) )ss COUNTY OF ADA MARCH On this 16 day of in the year of 2001 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the state- ments therein are true, and acknowledged to me that she executed the same. Notary Public for Ida o Residing at: Boise, Idaho IIA expires: f� • 04 . SOT A Jt k * P>VgL1G O. 100 00 �« 1 Pte••. •. a OF •.. RECEIVED MAR 19 2001 CITY OF MERIDIAN 1I L 7 LJ PSC DEVELOPMENT COMPANY Whiteley Mansion 132 South 600 East Salt Lake City, Utah Statement of Purpose When PSC was founded in 1984, we began with Iwo employees and an idea that we could work with public agencies and together successfully provide secure, high quality family apartment units. Since the and mpany has manages grown to hundreds over of 50 employees and now own affordable housing units. It is the philosophy of PSC that a company's success comes from its employees. The dedication and loyalty of PSC's employees is reflected by our growth and success in such a short period of time. Our continued advancement and prosperity will be a reflection of the individuals encompassing the PSC "Team" who are committed to transform our ideas into realities. 1 1 PSC DEVELOPMENT COMPANY Creed It is our belief that when business is mixed with a public need, such as affordable housing, a sense of overall purpose and achievement is created within a company. At PSC, we feel we have enlisted this purpose and thus have been referred to as "Developers with a Conscience." We have committed our efforts and resources to public/private partnerships in an effort to help resolve the ever increasing challenge of providing low to moderate income housing. Our accomplishments have been on the cutting edge of The both public and private development ever shrinking CDevelopment publ c housing has been to supplement funds with private sector financial opportunities so as to devise housing commodities which can effectively compete in today's marketplace. We feel the solutions to problems existing as obstacles in the development of affordable housing must be generated through resourcefulness of the private sector development community. We are exhilarated about this opportunity and look forward to the challenges ahead in response to affordable housing needs. The success of PSC is due to the dedication of "getting the job done" as well as the g term Management Group, nt by o m Ever management entity, 9reene managing and servicing our properties. Peter S. Cooke Mark B. Cohen Helen G. Kessler PSC DEVELOPMENT COMPANY PSC Development Company is a full service development company actively involved in the acquisition, construction and management of multifamily housing. Since 1984, PSC has developed over $75 million in affordable housing developments. Our first innovative property, developed in 1987, was Hartland Apartments. Through the diligent efforts of PSC, Hartland Apartments was constructed with one of the largest ($5.6 million) Housing Development Action Grants (HDG) awarded by the Department of Housing mand arkeUrban Development rity nlap ent (HUD).comxes�due is unique in that it combines 45% assisted housing units with 60% t, to the integration of diverse socioeconomic families. Since then, PSC has developed a unique niche in the affordable housing market. PSC continues to be active in procuring low-income housing tax credits and preserving historic residences housing organization whoial areas' se PSC serves as consultant to Housing Corporation of America (HCA), a nonprofit9 9 goal is to successfully develop and manage affordable housing. In a continuing effort to minimize development costs and maximize quality, PSC has incorporated affiliate associations with experts in the fields of construction and management EVERGREENE CONSTRUCTION, L.C., specializes in new construction and renovation of affordable housing. Evergreene Construction has effected over $23 million in housing production over the past seven (7) years, with production ranging from single-family subdivisions to high density multi -family apartment communities. Attention to detail, budgetary monitoring and schedule of performance have made Evergreene Construction an industry leader. EVERGREENE MANAGEMENT GROUP, INC., has over ten (10) years of project management experience, specializing in the management of affordable housing units. It is the belief f Eoughr effective Managemeand ent that eat relief from the ever-increasing necessity for affordable housing come management combined with community involvement Evergreene currently manages 780 units in Utah and 678 units in California. At the end of 1995, with the addition of 261 units currently under construction, the total will escalate to a total of 1,700 affordable residence units. PSC HOMES was designed to create high quality "for sale" products which integrate into communities at prices below market competition while maintaining the highest quality of lifestyle. PSC Homes believes the best use of diminishing residential land is demonstrated through innovative design of multifamily buildings which compliment the community. PSC Homes' first ventures, The Courtyard at Pages Lane and The "estate"homes. This hepard k, are examples Of concept promotes multifamily design that have been interpreted at first glance as custom PSC\Broehu 1999 September 21, 1999 maintenance -free lifestyle at exceptional cost and provides superior value to purchasers as well as communities. ' PSC Homes hopes to create a milestone in sustainability". Sustainable development is defined as interdependency between social, economic and environmental resources. PSC Homes has found its position in the real estate industry by striking a balance between purchaser needs, municipality requirements and environmental preservation. The central focus of PSC Homes is two -fold: community and sustainability. Our strategy is to sell quality lifestyle first and homes second. Our emphasis is not on cost per square foot but rather quality / value per square foot Because PSC Homes was developed applying proven PSC philosophy our success was evident within the first 12 months of inception and implementation. PSC Homes enjoyed the phenomenal distinction of holding 20% 1 of the new housing sales made in Davis County for 1998 and 1999. I I I I I September 21, 1999 7 L PSC\Bmch= 1999 1 ' CORPORATE PROFILE APPROACH PSC Development Company enjoys the distinction as one of only a few successful "affordable housing" developers in the State of Utah over the past thirteen years. This characteristic is due in part to the constant effort required to remain "Developers with a Conscience". Many companies prefer to participate within the Intermountain affordable housing market in singular aspects, either as developer, contractor or management tagent of pride and achievement challenges which accompany ownership. PSC believes there associated with ownership accountability and is the premise which continues to guide our company. During PSC Developments extensive affordable ha sing experience, the processes required to d refined over the years resulting n our team effect successful project development have been practiced approach which: ' begins with extensive analysis to determine and provide efficacious financing proceeds to explore commendatory design including latest, most innovative ' housing applications which will promote meritorious integration into comnwnities continues through incorporation of proven construction methods with attention ' to cost efficiency, product durability, low maintenance requirements, and quality lifestyle detail integrates proven marketing techniques regarding "for sale" product at prices below market competition while maintaining the highest quality of lifestyle, ' and quality lifestyle detail, and concludes wig► professional, efficient and effective management services to ' ensure integrity and longevity of development These factors, combined with continuous dedication towards "getting the job done° allow PSC to ' resolve the ever increasing challenges in providing affordable, quality housing. 11 L CORPORATE PROFILE VIABIUTY As illustrated in the attached excerpts from our Corporate Resume, PSC Development owns and operates many successful properties each of which required unique resourcefulness and exceptional ntal obstacles in the development of affordable housing in the Salt proficiency to surmount copious monume Lake Intermountain region. Several properties are located within areas where appreciable negotiation was unity neighbors as well as municipal required to resolve zoning / density concerns expressed by comm affiliates. In each instance, harmonious resolutions were achieved whereby communities gained essential housing for their residents in the form of neighborhoods which actually enhanced the desirability and value of the area. A number of these municipal agencies, initially opposed to the development of affordable communities in their areas, now approach PSC with the request for development of additional properties due to the success and neighborhood benefit of these properties. One reason for this unusual situation is PSC's reputation for producing what they present In the words of one City Councilman, 'If PSC talks the talk, N walks the walkA. It is customary that upwards of 300 individuals comprise waiting lists at several PSC Development communities. PSC Development is accustomed to and comfortable in working with diverse municipalities, all possessing unique and varied restrictive development requirements. Great effort is taken in completing adequate "due diligence" prior to commitment for or undertaking of any development endeavor. This includes collection and review of appropriate demographic information. James A. Wood, Senior Research Analyst, Bureau of Economic and Business Research, University of Utah, is typically retained in determining market demand and need prior to PSC s commitment and rproject demandan newly proposed arevelopment Mr. ehfor as been engaged by PSC to research current local housing needs development DEER MOUNTAIN Adjacent to the Jordanelle Reservoir Highway 248 Wasatch County, Utah Four hundred and twenty nine acres of majestic land looks over the Jordanelle Reservoir and the Deer Valley Ski Resort The views are breathtaking and inspiring. The fact that this parcel is located just five minutes from Park City and 30 minutes from downtown Salt Lake City without a traffic light makes it a very desirable residential development PSC Development in collaboration with P.S. Taggart Enterprises has carefully formulated an overall feeling and theme for this master development that will carry throughout the entire community. This vision will include a ranch -like design with focus on quality materials and aesthetic colors, which are compatible with the mountain terrain and ,great outdoors" surroundings. The Jordanelle Basin Land Use Plan and overlay zone passed by the Wasatch County Commission establishes a concise guide for land use, density as well as all details for improvements in the area. As a result of this new Area Plan and Zone, the Jordanelle Basin is destined to become one of the premier areas in the country in which to live. This master planned, multi -use community will begin construction fall of 1999. The many diverse products planned for the site will attract a wide range of purchasers thus making Deer Mountain much sought after as well as delightful, livable neighborhood. To ensure future value and integrity of this community all phases of development will be required to comply with Covenants, Conditions and Restrictions (CCR's). This will assure that all types of development and building style will be compatible and complement the quality feel and atmosphere designed by the PSC/Evergreen Team. Small LotslTvAn Homes. Approximately 54 small lots or twin home lots will be located along the downhill side of the loop road, along the Ross Creek knoll overlooking the entire Jordanelle Reservoir. These lots are proposed to span 8,000 to 14,000 square feet per side and will allow for a midrange product in the $200,000+ price range range. This is still well below the average price point so prevalent in the Snyderville Basin. The zoning provides a great deal of flexibility, allowing for appropriate design while offering a positive advantage in the present as well as anticipated future marketplace, considering competition product and cost Single Family Lots: Approximately 67 single-family lots consisting of .3 to .8 of an acre are planned for the upper slope. These incredible lots will have never ending views of the lake and mountains that will remain protected in perpetuity. Projected retail sales price between $80,000 to $100,000 per lot, which are projected to be sold to individual homebuyers. Estate Lots' roximately 36 The Estates at Deer Mountain will consist of app estate lots, planned with a minimum size of one acre ranging up to as much as 25 acres. The lots would sell in the range of $125,000 to $300,000. These lots will be developed and sold to individual homebuyers as well as to custom homebuilders. Townhomes: approximately 81 Keetiey Station at Deer Mountain encompasses app Townhomes planned for the lower slope closest to the highway. These will be condominium -type homes comprised of approximately 1300 to 1500 square feet Each townhome will feature a double car garage. Prices should average between $150,000 to $180,000. These are planned as recreational vacation homes as well as owner occupied condominiums. The design is planned around a `ski resort' scheme, which should add to the overall flavor of the master development Apartments: Todd Hollow at Deer Mountain is planned to encompass 184 apartment homes. The apartrnent site will comprise approximately 20-22 acres of land near the highway on the stream corridor. According to our timeline, we anticipate construction commencement during the fall of 1999. These apartment homes will be designed and built to a very high standard to attract the very selective renter. The Community Center will contain a beautiful recreation facility with pool/spa/exercise facility and business center. Additional amenities include tot lots, sports courts, walking and biking trails. Communk Center: The east entrance to Deer Mountain will accommodate a state of the art community center complete with swimming pool, sports courts, meeting and party rooms as well as exercise facilities. It is anticipated there will also be a business center where conference meetings can be held. Technological equipment will be available to accommodate computers, facsimile transmission and teleconference implements. Trails and Open Space: Throughout the 429 -acre site, PSC/Evergreens will construct a trail system and series of open space corridors where residents can hike, bike, ski and recreate. The grove of trees existing along the stream will offer excellent areas for picnics and cookouts as well as a place of quiet solitude. On Site Storage: In order to maintain the "resort / ranch" appearance planned at Deer Mountain, storage facilities constructed as barn structures will be strategically placed on site to accommodate storage for boats, RV's, snowmobiles and other household items. Deer Mountain promises to be one of the most spectacular master planned communities ever developed along the Wasatch Front The mix and diversity of the product, the management team that will shepherd this through the development stage, the unparalleled views and the proximity to Heber City, Park City and Salt Lake City (location, location, location) combine to give this site a true unfair advantage over competitive properties in the surrounding area. Ej �T#Ilftlly WA qR' 71P t { r Y I" y F" c3 !'1 �z O Y O � T cz F' O 3 � o a? Y. U CL f rte, C`] i ct O N N Ll 0 0 C G N U y O v Y U^ y Q Ll 0 0 V, J p i U � r U U L I I I N I CCS •T .2 V, U U L I I I N I CCS MAYFLOWER HARBOR AT PILGRIMS LANDING 2350 West Pilgrims Loop Road Lehi, Utah Mayflower Harbor Apartments were developed as part of Pilgrims Landing, a master planned development that includes commercial and retail outlets as well as assimilated residential communities, contiguous to the new Thanksgiving Point Golf Course and Recreational Complex. Salt Lake City and the Orem-Provo areas are among the fastest growing regions in the country. The positive economy and promising growth outlook has caught the attention of many major businesses that are choosing to relocate here, as in the case of Micron. This positive expansion combined with present intrastate growth will amplify the already distressed environmental for affordable housing in this area. Mayflower is coalescent to Heather Estates in Clearfield, Utah, developed and construction by PSC Development and Evergreene Construction. Sixteen (16) buildings establish the 192 apartment homes of Mayflower Harbor which incorporate two, three and four-bedroom floor plans. Additional features include: balconies, walk-in pantries and washer -dryer hook-ups. Common amenities for the community include sports court, tot lot, barbecue and picnic areas, bicycle paths, jogging trails, clubhouse and park area. PSC Development in conjunction with SunAmerica Inc. and Bank of America was awarded tax-exempt bonds and federal low-income tax credits which will provide an equity investment into the project resulting in a lower cost of funds over taxable debt Through this process Mayflower Harbor will provide and maintain affordable rents in Utah County for the next 51 years. Z L a p _- �^! w..: ib.� A i. •` •.•• ' i '�Irf � i ilttl• �' 441 TT c �3 'P, JERq Poo awl :`rt�I. ,,j•r w, r•\� .� �t -��•} ' e �•ii/ �►" •� f •• 'r, i � '' • ~ ' i •'�" � / it • t.` `ri !Itl ' •, I jai of -sem t _ _ .►L*�,�`�r\�1��'�•y1` L r�, l�� ►cl`_' �of,�f �'3;'�.+.�a��l. �� r � '.i r', � ■1.41�'t•i!� 1 •; •`i' �. 1�%r.l �R ' F•F� �{y+�r�r .l. i-" /�ti•�.i��j'. ,- i� •t:. .. . �,•—>�-�y1,9 _s`�_��`f f r.♦ - syy t r(t� `4f A%�7 XA ,R'l� l'-7G'��•',, yLA i"if'� lr t 771 !A.''q�} t(♦;.� � � �T i r1��, .•��ti �Y, ryy •r.�••,,.�i;`.,•�j,� t,5'�,�� t•' . lr� ��. 1^ ayyat � t 9 •r f x, �`iig rY� f.l4_'� J. jkj 46 •� �•� TFi• f• T"� ,("\ i• ' i 1fif 7i i`+i+i+ :! r [ �. s. opt y!{ i ^^' + _ L ••' � fi fit; - 1,4V �, ♦ l 'r'�^''. i• 'ate � � -,N�` rf��• ----••••.� !.. �* . � • •'fid" • , . +�•• .• ;+ j a:t .s�.. r w i • eit • • �T .�i • . . r a j t�J. .. ••' '1 «' � .4 �i�'�'•` � `kms •iy � • �,! ,� � `` • VP - ir.�w .• Io- . ` � . ` ,� � •.1L Vii, :: �`J!' • .il4w.'�'St +:� t � �-i.1 '"+' ••1 •►. .d •.I • ♦ .. ►. 1 1,441 oI 'F14 .. •',ie ' rt e f r -y` " I i r - zu Z � o 2 i �'• :'( i � � � '•. +Myr ft,?j� �` • � ��Jt Mi _ fir... ' � i 1 1 i•^ w �. � �,. ♦ ,rta . f .. .r — �� .- t �,i ♦ if_ r�•t i�.t '`•I �ti�}'4+• ~ moi_. .�, n- i ' #'Y�s {S + i. �+1 . i:� i,�t: y�! , t�• ,,� y�� ;i. __ +� w��: a'�y 41 —44 i.,t r ;- ?r � il: t i�rsc • •J.•"y •�•.'''• � • t . ''�� '�� L T.�+�' ��' . • -y �1ai i a f �+� i. '.r• ♦r 4: -�- ! vet+' 9Sh �.if-�-- >•3 a L4 IV IVA IV ASPEN VILLAS AT PARK CITY 1800 Kearns Boulevard Park City, Utah Aspen Villas is a garden apartment development located at 1800 Kearns Boulevard. Upon completion, Aspen Villas will accommodate 18 two-bedroom apartments consisting of 798 square feet and 70 three-bedroom apartments consisting of 954 square feet Six (6) handicap accessible units are also included in this development Full size washer/dryer units will be provided with a storage facility assigned to each unit The development has been designed to make construction as efficient as possible by repeating the same floor plan while at the same time providing quality lifestyle with private gardens, patio areas and unique cosmetic details which are cost effective to produce. Rents will be significantly below Park City's affordable housing rental guidelines. These rents will remain affordable for 50 years, as enumerated in the Deed Restrictions associated with the development Project design features including a clubhouse, tot lot, sport court and bike paths will create family community activities. Covered parking and additional storage facilities are included in this community which allows for free travel between all buildings. Park City, like many Utah localities, has an immense housing shortage, particularly at affordable levels, especially for their service employees such as fire fighters, peace officers, city workers and board of education employees. Land costs, zoning restrictions, impact fees, weatherization and building materials criteria are all significant factors in creating an abundance of supplementary costs compared to typical valley construction. Those costs make it difficult to finance and build housing at affordable levels in Summit County. September 20, 1999 , 1 4