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Forrey, Wayne CUPWILLIAM G. BF_RG, JR., City Clerk JAhi1CE L. GASS, Clty Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administratpr PATNA. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney NUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor vhicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor GOUN 1 6! f`!BER~ WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P A Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY 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 ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: September 3, 1996 TRANSMITTAL DATE: 8/19/96 HEARING DATE: 9/10/96 REQUEST: Conditional Use permit for a Planned Unit Develoament General BY: Wavne ~ Karen Forrev LOCATION OF PROPERTY OR PROJECT: East on Pine Street near Locust Grove Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z JIM SHEARER, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION KEITH BORUP, P2 CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8r FINAL PLAT) ~ BUREAU OF RECLAMATION(PRELIM 8r FINAL PLAT) CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER AU G 1 9 1996 Cd7•Y OF a[EKIDIAN `~ <: s i ~ ~ C:'onditona.~., LT~~e hermit A. lica~ton o ~ F x ~'~ ; , City For O .~~ erl lan Planned General ~ . ~ : .. .. _ 1 ~. - ? ~. ;, j :' - } l e Pine Center P anne I~e~-e o mend .ens f~~ p ~~ f , ~~ a 14 August 1996 ~ ~ z .- _ } 4- ,. f` _. `r c .. Wayne S. Forrey, AIC~ ' Urban Planner and Development Analyst 3045 Thayen Place Boise, Idaho 83709 Telephone (208) 352-0345 Fax (2081 362-9416 ";~nprenensive ~`~.~ ~rrng / ..3y u Rcy~onal 14 August 1996 _;r~~ze ~., ~,~.r~a~~ . .. ~~,~ ,.~n~w Mr. Will Berg, City Clerk °~'""°ns City of Meridian ,,...., , 33 E. Idaho Ave. ~~~~~ ~~~~"~~'~~~~'~' Meridian, ID 83642 ~, , , .., _.men;ation Dear Will Berg: ;~inq, Annexation S Cevelopment ordlna:,ces Enclosed is our application for a Conditional Use Permit for a Planned Unit Development General (PD-G) in Meridian. We have been working on this for several months Cede ~° nalys~s and looking forward to the day when we can develop this quality project in our community. wand ,,,;~ ~"rrer'` We have been workin closel with various businesses and citizens in Meridian to ~n~~,~ ~~ g Y ~~ ~~ ~~~s develop the type of PD-G project that is needed in our community. We look forward to working with you on this project. Please call if you have any questions. Pla'inir. Rc~9~.al,zation ~~,~ Respectfully, b^Oflo^?IC Dc.~u~cpmen, Wayne S. Forrey, AICP ;~':'~_T~ °r`y,, Owner Fin<;ncc ~.ne,lvsis Fisca! ,~ stlcns Funding Strategies Fub'~ic Policy Fv~!uaticn ?r ct .._ ~-~:amc , .. ..,_'o _ ~ Cr-.._,~es ~ 1 ~ ~ CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME:dyne S and Karen L Forrev PHONE 362-9345 ADDRESS:3045 Thayen Place, Boise, Idaho 83709 __ GENERAL LOCATION: East Pine Street near Locust Grove Road DESCRIPTION OF PROPOSED CONDITIONAL USE: Develop a Planned Unit Development - General (PD-G) including a mix of community facilities, institutional uses, recreation facilities, residential, commercial and industrial uses which requires unusual design flexibility to achieve completely logical and complementary cqn~unction of uses and functions --- ZONING CLASSIFICATION: Light Industrial (I-L) PL A plan of the proposed site for the conditional use ~~' showing the location of all buildings, parking and ~~Q ~a~ loading areas, traffic access and traffic circulation, 5~~~ open spaces, landscaping, refuse and service areas, utilities, signs and yards. LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on se tember 10, 1996 at 7:3o p.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by Wayne S and Karen L Forrev for the property generally described a s l o c a t e d a t East Pine Street near Locust Grove Road SUBDIVISION BLOCI{ LOT NUMBER TO develo a Planned Unit Develo t-General (PD-G includin a mix $ecv~ce A~°faci ties, institutional uses, recreations=facilities, residential, cam and industrial uses which requires unusual design fl chie~ ..~, ,.~ ,~ ~,., ~n arv con~i unction o u es an functions . ~ll~I.7Cll7C~~Q7L ~]CllIl~ ~~d~ll®]~D7ClCb~]Clli~ b ~~]Cll~Il'~I.ll ~~~d~Y PD-G -CUP Application List of Attachments Attachment A - Legal Description of property, including map. Attachment B - Affidavit of Record Owner and Legal Interest Attachment C - Vicinity Map of Scale 1" = 300' Attachment D - List of mailing addresses of all property owners within three hundred feet of the property Attachment E - Procedures for Planned Development Tables Attachment F - Parking Standards for Elderly Living Center Use at Pine Center Park II Attachment G - Parking Allocations Map of PD-G Uses Attachment H --- PD-G -CUP Site Plan Map 3 • • INFORMATION FOR CONDITIONAL USE PERMIT APPLICATION OF WAYNE S. FORREY AND I~~AREN L. FORREY 1. Name, address and phone number of applicant. Wayne S. Forrey Karen L. Forrey 3045 Thayen Place Boise, ID 83709 (208) 362-9345 2. Name, address and phone number of owner of subject property. Bedelco, Inc. c/o Edward L. Bews 5204 Sorrento Circle Boise, ID 83704 (208) 375-4341 3. Legal description of properly. Please see Attachment A including map and description. Wayne S. and Kazen L. Forrey are purchasing the west 12.75 acres of the Bedelco, Inc., property. 4. Proof of ownership of subject property. See Attachment B -Affidavit of Record Owner and Legal Interest. 5. Description of ezisting use. The property is annexed into the City as "I-L" light industrial. The land is currently farmed on a year to year, temporary basis. 6. Present use of subject property. A wheat crop has been planted and has been harvested. 7. Proposed use of the subject property. To develop a Planned Unit Development -General (PD-G) including a mix of community service uses, institutional uses, recreation facilities, residential, commercial and industrial uses y • which requires unusual design flexibility to achieve completely logical and complementary conjunction of uses and functions. The uses and functions are as follows: Elderly Living Center - 120 Units, Three Story Building. Independent and assisted living. Commercial Uses within Elderly Living Center (available to community at large): Gift Shop Bank Beauty Shop Massage Therapy Chapel Technology Resource Center (library, computers, classroom space) Recreation Center Large Banquet Room Small Banquet Room Entertainment/Stage Area Counseling Center Commercial Laundry A Residential Uses and accessories to residential use within Elderly Living Center: Living Units (1, 2 and 3 bedroom, full bathroom - ADA accessible) Dining Room Indoor Courtyard and Plaza -Enclosed at third floor level. Open plaza levels one and two. Personal Laundry B Greenhouse/Solarium Garden Space A -Outdoor area with raised garden beds. Garden Space B -Outdoor area with raised garden beds. Activity Room Van Transportation Telecommunications Wiring and Security Alarm System to Each Room 24-Hour Maintenance and Security All facilities fully handicapped accessible Professional Office Building - 40,000 square feet gross area, three story building. For commercial use on a lease/tenant basis. Storage Building A -Single story, commercial facility for commercial use. Storage Building B -Single story, commercial facility for commercial use. Conditional Use Permit Additional Information - _ 7. Proposed use of subject property (continued). Flexible Space Building A - 23,000 square feet gross area, single story. A variety of office, warehouse, commercial and industrial uses contained within Building A for commercial and industrial use on a lease/tenant basis. Flexible Space Building B - 7,700 square feet gross area, single story. A variety of office, warehouse, commercial and industrial uses contained within Building B for commercial and industrial use on a lease/tenant basis. Greenhouse A - 1600 square feet gross area, solar gain design for maximum sunlight penetration. Wholesale growing facility for Meridian business landscaping needs. Greenhouse B - 3,200 square feet gross area, solar gain design for maximum sunlight penetration. Wholesale growing facility for Meridian business landscaping needs. Central Maintenance - 800 square feet gross area. Contains pressurized central landscape pumping system, shop space, vehicle maintenance equipment, tool storage, fixture replacement inventory storage and work bench. ~hg~ - 200 square foot gross area Arrow prefabricated steel storage shed for lawn and garden equipment. Outdoor Courtyard and Plaza A -Accessory to residential use. 5,000 square feet area containing large outdoor patio, barbecue facilities, outdoor dining and reception area, flower planters with benches, sidewalk connection to Gruber Ditch road to allow pedestrian interconnection. Outdoor Courtyard and Plaza B -Accessory to Professional Office Building use. 2,000 square feet area containing large outdoor patio, outdoor dining facilities, extensive trees, flowers and shrubbery. Outdoor Courtvard and Plaza C - Accessory to Professional Office Building Use. 2,000 square feet area containing large outdoor patio, outdoor dining facilities, extensive trees, flowers and shrubbery. Outdoor Courtyard and Plaza D - Accessory to Commercial and Industrial Use. 2,800 square feet area containing large outdoor patio, outdoor dining facilities, extensive trees, flowers and shrubbery. Site Fencing -The PD-G site will have perimeter screen fencing, 6 foot high vertical alternating lap cedar, linseed oil finish. Interior fencing will be used to define landscape and flower beds. Interior fencing will match perimeter but will be 3 feet high. Site Irrigation -The PD-G will be irrigated by pressure system. Conditional Use Permit Additional Information - / • Site Design Feexibility -Front, back and side yard setbacks must be varied from I-L requirements to achieve mixed use design and compatible development with flexibility. Requested Setbacks are shown on the PD-G Application site plan which is part of the CUP application for Planned Unit Development -General. 8. The District (present zoning) that pertains to the subject property. The 12.75 acre parcel is zoned light industrial "I-L". 9. Thirty (30) copies of a vicinity map of a scale of one inch equals three hundred feet (1" = 300'). Please see Attachment C. 10. Characteristics of subject property which make a conditional use desirable. This Conditional Use Permit (CUP) for Planned Unit Development General (PD-G) provides for a workable and functional transitional land use development between the present residential uses adjacent to the site and a transition to the industrial and commercial uses in the area. This CUP is desirable because it provides a transitional land use buffer between existing zoned residential and zoned industrial land. This CUP is desirable because the Elderly living center is located at the north of the PD-G site which is closest to the existing residential uses. The Professional Office Building has been placed at mid PD-G site as a transition between the Elderly residential use and the Industrial and Commercial uses at the south portion of the PD-G site which is adjacent to the Railroad right of way. By using this transitional and mixed use development PD-G procedure, this CUP is desirable because the existing property values can be protected and maintained. Without this CUP, industrial uses could be located right next to existing residential uses and severely impact and depress residential property values. Residential properties border the site on the North, East and West. Industrial properties border the site on the South and East. Urban transition uses are along the West of the site. This CUP is desirable and necessary for Pine Center Park II Planned Unit Development -General which includes a mix of residential, office, commercial and industrial uses to increase the tax base of Meridian and provide a transition for this neighborhood while protecting property values at the same time.. Neighbors support this concept of a mix of uses including residential, office, commercial and industrial uses along East Pine Street. Neighbors have asked that the Elderly Living Center be located near Pine Avenue at the north of this property to be compatible and protect their property values. Neighbors asked that office, commercial and industrial uses be located at the middle and rear of the property away from their residential area. This CUP is desirable because it has been designed to provide a land use transition and property value protection for the area. Conditional Use Permit Additional Information - C~ Also, there are irrigation easements on all four sides of the property. The PD-G property has about 414 feet of frontage on Pine Street and is 1,185 feet deep. This skinny, deep parcel is exceptionally difficult to develop for a single type of land use. This situation requires unusual design flexibility to achieve a completely logical and complementary conjunction of uses and functions on the property. It is the City's policy to encourage developers of land development and construction projects to utilize the Planned Development provisions of the Meridian Zoning and Development Ordinance to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; 2. A development pattern which preserves and utilizes natural topographic and geologic features, scenic vistas, trees and other vegetation and which maintains natural drainage patterns; 3. A maximum choice of living environments which allows a variety of housing and _ building types, which permits an increased density per acre, and which allows a reduction in lot dimensions, yards, and building setbacks and area requirements; 4. Amore useful pattern of open space, parks and recreation areas; 5. Amore convenient pattern of commercial, residential and industrial uses as well as public services which support such uses; 6. Amore efficient use of land and reduced costs of streets and utilities than is generally achieved through conventional subdivisions; 7. A development pattern which preserves neighborhood development and stability and encourages a socioeconomic mixture of people within a given environment; and 8. A development that encompasses maximum site design flexibility. Our application for a Conditional Use Permit for Planned Development -General has been planned and designed to reflect and incorporate these eight (8) provisions. 11. A listing of mailing addresses of all property owners (from authentic taz records of Ada County) who are within three hundred feet (300') of the ezternal boundaries of the land being considered, and a list of all owners within the area being considered for a conditional use. Please see Attachment D. Conditional Use Permit Additional Information - • • 12. A fee established by the Council; $275.00 + $1.42 each for certified mailings for each property owner listed within the 300 feet =Total Fee. A check is enclosed for $275 plus $1.42 for each of the 44 property owners within 300 feet of the site = $275 + 62.48.= $337.48. 13. A statement that the applicant or user of the property agrees to pay any additional sewer, water or trash fees or charges, if any associated with the use, whether that use be residential, commercial or industrial. Wayne S. and Karen L. Forrey agree to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential, office, commercial or industrial. 14. The application shall be verified by the applicant which shall state that he has read the contents thereof and verifies that the information contained therein is true and correct. Wayne S. and Karen L. Forrey have read the contents of the Conditional Use Permit application and the information in the application is true and correct. 15. The property will be posted one week before the hearing stating they have applied for a Conditional Use Permit or Zoning. There must. be a signed affidavit that this will be done as part of the application. Wayne S. and Karen L. Forrey agree and certify to post a public hearing notice on the property at least -seven (7) days prior to any public hearing. See affidavit below. "I hereby state and certify that the subject property will be posted one week before the public hearing stating that the above mentioned application with the City of Meridian has been made." Signed - ayne S. Forrey Witness Jane e . Sanfor ~o O Date Dat Conditional Use Permit Additional Information - /, • V~1N ~I/M . Pal bZ LEGAL DESCRIPTION FOR ~i SEWS & SMITH PARCEL 1A October 31, 1995 A parcel of land lying in the NE 1/4 of the SE 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Add County, Idaho, more particularly described as follows: Beginning at the northeast corner of the SE 1/4 (the east 114 corner) of Section 7, T.3N., R.1 E., B.M.; Thence S 89°33'52" W 688.97 feet along the north line of said Section 7 to a point; Thence S 0°26'08" E 225.00 feet to a point; Thence S 89°33'52" W 160.24 feet to the Real Point of Beginning of this description; Tthence S 01°22'33" W 975.59 feet to a point on the northerly right of way line of the Oregon Short Line Railroad; Thence N 88°37'27" W 463.76 feet along said northerly right of way line to a point on the west line of the NE 1/4 of the SE 1/4; Thence N 00°31'08" E 1185.60 feet along the west line of the NE 1/4 of the SE 1/4 to the northwest corner of the NE 1/4 of the SE 1/4; Thence N 89°33'52" E 414.86 feet along the north line of the NE 1/4 of the SE 1/4 to a point; Thence S 00°26'08" E 50.64 feet to a point of curvature on the centerline of the Snyder Drain; Thence southeasterly along said centerline along a curve to the right, having a radius of 35.00 feet, an arc length of 3.37 feet, tangents of 1.68 feet, a central angle of 05°30'43" and a chord which bears S 24°34'12" E 3.37 feet to a point; Thence S 21°48'50" E 110.70 feet along said centerline to a point; 940618 1 l~ • • . NOV-30-1995 17 22 FROM TO 3629416 P.02 ~~ I. a~Zb2 • 7 I~~ L . ;. is Thence S 15°19'08" E 64.30~feet along said centerline to a point of curvature; . ~. Thence southeasterly along said centerline along a curve to the right, having a radius of 200.00 feet, an arc length of 6.25 feet, tangents of 3.13 feet, a central angle ~of 01°47'27" and a chord which bears S 14°25'25" E 6.25 feet to the Real Point of Beginning of this _ deecriptic~n; j Said parcel of land containing 12.75 acres, more or less. Skid parcel of land subject to rights of way or easements of record or in use. This document was compiled from data of record, not from an actual survey made in the field, and pis subject to change. i ~~ i~ i '~ ~: Michael E. Marks, L.S. - No. 4998 ~: i ~~ ' • I .; . I . l ,: i ;~ r- I ~. ~' ~;. ;~ i ~~ +:. 940698 ' . 2 400 600 T ~ LOCUST GROVE ROAD S 89' S4' 09" E 662.35 - S C~ /~ r ~ - - - - J 1/4 CORNER ~ ~ ~ ~ ~ ~ f `r' cV ~ ; CV ~ CV ~ ~ ~ PARCEL 2 ~ ~ `~ 18.77 ACRES o ; `n O ~ ~ CV 1 0 • 1 1 1 __ 662.00 N 88' 37' 27" W 3 17 EDBURT Pay ~ ~ z I V. n ~ _ .. Q qq O C p' ~ ~ 8m Z o` ~ W ~ °' ~ g ~ ~ .-. ~ W oc ~a Q ~ v ~ ~ (' D ~ ~ m ~ ~ ~ 0 E-+ ~i w ~a ~ O ~ ~ a A z ~' V l MW W E-~ w ('W TWA V 1 ~W I ~-~ a ~i m Q W} ~~ Z zo MV ~Q ~ Q Z I\ Q 0 N W • si 4J Q N U W U Q D z W D REVISION \DATE SHEET ~• I~ga rhah ~ ' ~ ~o~ 0 200 SCALE IN Fl N 89' 33' S2" E ~ E. PINE STREET 414.86 ~ N 89' 33' S2" E 688.97- -- -- ------------- 220.00 i S 0' 26' 08" E ~ OT A PAR N 00' 26' 08" W 50.63 S 21 ' 48' S0" E ~ 225.00 - 1 10.70 N _ S ' 19' 08" E v N 89' 33' S2" E o ~ 30 160.24 co ~ , ., y ~ , ~, w~ PARCEL 1 A w PARCEL 1 B 0 12.75 ACRES ~ ; o, ~ 22.93. ACRES .. ~ ~n ~`' ~-- CV r- (~ O ~ ~ ~' ~ O~ ~' Z Z ?'` L ' L-.--~~j7 861.6 ~___ 3 ------------- N 88' 37' 27" W ~ OREGON SHORT LINE RAILROAD - CURVE DELTA RADIUS ARC CHORD TANGENT CHORD BRG 1 5' 30~ 43" 35.00 3.37 3.37 1.68 N 24' 34' 12" W 2 1 ' 47' 27" 200.00 6.25 6.25 3.13 S 14' 25' 25" E s ~; h r /3,s ~ ~4'I~dtw~e~d' Q AFFIDAVIT OF LEGAL INTFRST I, E. L. Bews, an individual, do hereby certify that Bedelco,lnc., is the record owner of the land near the intersection of Pine Street and Locust Grove Road; generally South of Pine Street and West of Locust Grove Road. 1. Wayne S. Forrey, AICP, has agreed to purchase this property from Bedelco. 2. I also hereby state that Bedelco, Inc., does not object to Wayne S. Forrey, AICP, submitting the accompanying application pertaining to that property. Dated this ~ day of ~i~U , 1995 By: E. L. B s STATE OF IDAHO ) )ss County of Ada ) ON THIS ~~ day of (~ r-- , 19`1J ,before me a notary public in and for said State, personally appeared ~; ~ ~.,, -known to me to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged to me that executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~,~.~~ Notary blic for Idaho Residing at My Commission Expires 51~1~°1°1 •..•••*~~ ELI~~q~'••. :may f~ b ~O ~i~ •': • ~ • y ; iy • ~ ~~ ~ n ; ~ , ~pa~ l ~ z ..~. i .. v ~ C c' I -,L ~'_` F1 v ~ - ~ ~ _ t __ ~ -t ___ _. _~ ~ ~~ ~'l . a3N~l~d, "' o~l ~ -t-- ~ ~ j V ~ N Y~ Z off. ~• ~' m ld NIlSiVa '~ ~ ~; ~ ,- ~ V i M1 N a ~~ 1 ~ ~ _ - ~ ~ - ~ ~~ ~: ~ ~ ts1 `~ ~ ~ t. _.. ~ ~ ~O ;~ h oc. ~ iQ% ' Y ~ 39N3H3NOlS ~N~ ~ f% N ! ' ~• ~ ~ ~. ~ i - ' » ~ ~ - ' ~ i ~ d ~ ~ ~~~ .~... • Q J ~i1~ ~~ ~ ~ . N ~ Q.. ~ ~ i]J ~ ' t ~,~ ~ ~ y o ;. -.~ ~ ~1 e I 3 ~ ~ Q ~ o ~-- ~ ~ Q W ~. ~ ~ Z • - ~ ~ ~- ; ~ ~ J -- ~ ~ _ ~ ~ • ~ -~ ~ ~ ~ ~I ~~ ~ v ~ - ~: I ..t ~.:. . :.: ~ . a -ai .i '~ .~. fi i. _ j r '~~~~~ •u _.~~. =- • Y I ' ~ ---t----{ ~ i ~ i ! W I .~,~ ~~ ~, i ~. _~ ~~ `, i ---. - - 1 ^'~ ' ~ - •- ~ I I j. .::. .~ y '_ ~. ~~~_~ ~. ,, _ .~-~---~~ r:~_ir ~i 3I3f~f~ i :':Tt~~ .,, i -rfi. - ~ 1. :~. __ ~T•~ ~ ' R: i. ' `I .. . i~ .• I + L ~4.....~.. ~, ~:I•~i? a ~--- I j - - - = _ --~--ter ~ ...,s 1~1 -.~ • ' ---- ~ Ik ~~ `~ T~I r' •~ i I 1 _ J I ~ III _ _ ;T' ~'"' ~-- `, j ~-+ ~ tom- ~ i ~ i ~ j i _ 'f~'1~'7'j I ~ ~ ~ 1 ;: ` _ ~ ,?rte ~ ~ ~-.~-1- ~I`- ~; ~, ' ' { r-~ ~; -. ; - ,~~.5 ~{t t t., 'i ; ~~ I - ___~___.~ TlTii• -. r - , .~~. ~ ~~ , . 111 _~ ,~.., , _ J j , i T mi=l r'+ ~ ...~ I i. ,:,~ , . ~~~ ~ f°xz8z 0 U ;~ (~ 81724180010 Troy & Tawnee Palmer 1040 E. Pine St. Meridian, ID 83642 81724180020 Michael & Stacia Kettner 934 N. Stonehenge Way Meridian, ID 83642 81724180030 Darren & Doris Haskin 950 N. Stonehenge Way Meridian, ID 83642 ~~ r S~e~at,~~,~ aK.o~ r.cw aCQ~e aC 300' People for Pine Street Property ~.`~dgAwl+~ p 1 ~~' ~ Z 82039250720 85512710130 Jeffrey M Franklin & Joan M Meitl Jeff & Elizabeth Booth 1110 E. Bannock St. 910 N. Scrivner Way Boise, ID 83712 Meridian, ID 83642 81724180040 Frank Hayes & Lisa Crandlemire 978 N. Stonehenge Way Meridian, ID 83642 81724180130 Travis D. Morris & Cole D 911 N. Stonehenge Way Meridian, ID 83642 81724180140 Scott Catlett 925 N. Stonehenge Meridian, ID 83642 82039260754 Steven G. Gregory Richard & Mary Scrivner 6161 Willowdale PI. Boise, ID 83714 82039261300 Opal Farrington Trust 1180 E. Pine Meridian, ID 83642 85512710010 Dean & Sandra Michalscheck 1350 E. Pine Ave. Meridian, ID 83642 Morris 85512710020 Cheryl A. Czarnecki 907 N. Ralstin PI. Meridian, ID 83642 81724180150 Andrew & Brandi Wonacott 947 N. Stonehenge Way Meridian, ID 83642 81724180160 Damian Wade & Nicole Sower 981 N. Stonehenge Way Meridian, ID 83642 81724200090 Mark & Catherine Remely 1018 N. Killdare PI. Meridian, ID 83642 81724200250 Jeffrey & Melissa Powers 1009 N. Killdare PI. Meridian, ID 83642 82039250710 Michelle A. Waddell 1130 E. Bannock Boise, ID 83712 85512710030 Michael A. Purdy 931 N. Ralstin PI. Meridian, ID 83642 85512710040 Clinton & Angela Wageman 953 N. Ralstin PI. Meridian, ID 83642 85512710050 Richard M. Mitchell 975 N. Ralstin PI. Meridian, ID 83642 85512710060 Nickie D. Meatte 989 N. Ralstin PI. Meridian, ID 83642 85512710090 Cherie R. Olson 951 N. Scrivner Way Meridian, ID 83642 85512710100 Lance & Carol Nickerson 973 N. Scrivner Way Meridian, ID 83642 85512710140 Jeff Scarpella 922 N. Scrivner Way Meridian, ID 83642 85512710150 Sheleen Banks 938 N. Scrivner Way Meridian, ID 83642 85512710160 Kevin & Barbara Bailey 946 N. Scrivner Way Meridian, ID 83642 85512710170 James P & Brenda L Vandecoevering 960 N. Scrivner Way Meridian, ID 83642 85512710180 Barbara J. Olson 988 N. Scrivner Way Meridian, ID 83642 86576000728 Paul McKague 931 E. Pine Meridian, ID 83642 86576000744 Paul & Shirley McKague 110 E. 1st Meridian, ID 83642 86576000805 Gerald & Shirley Peterson 935 E. Pine Meridian, ID 83642 86576000934 Charlotte M. Low 1825 Kentucky NE Albuquerque, NM 87110 86576000938 Paul & Shirley McKague 933 E. Pine Meridian, ID 83642 /7 '86576000950 Gerald R. & Shirley Peterson 935 E. Pine Meridian, ID 83642 86576001380 William & Valynne Humphrey 939 E. Pine Ave. Meridian, ID 83642 S1107131700 Alfred K. & Linda Spangler 942 E. Pine St. Meridian, ID 83642 S1107131714 BW Inc. 250 S. Beechwood, Ste. 120 Boise, ID 83709 S1107417300 Richard & Frances Collins 1125 E. Pine Ave. Meridian, ID 83642 S1107449110 Builders Marketplace, Inc. 1300 E. Franklin Meridian, ID 83642 S1107449999 Madden Family Trust Ralph & Nola Madden Trustees 1620 E. Franklin Rd. Meridian, ID 83642 S1108233800 Newbery Enterprises Hi-Micro Tool Corp 1410 E. Pine St. Meridian, ID 83642 S1108325402 Yanke/Tricon LLC P.O. Box 5405 Boise, ID 83705 S1108325404 Anderson Lumber Co. 4700 S. Harrison Blvd. Ogden, UT 84409 S1108336000 Madden Family Trust 1130 Allumbaugh St. Apt. #257 Boise, ID 83704-8798 • ~.~.~0 d,,,~,aab~ D ~~.2b2 /~ • • -4~f~I.cl~~t E ~"ice ~ 8'' o~ @d~ ~ ~ b ~~~®JJJI ®'~ ~ ~ Il ~ ~ ~ ~ ~ ~ ~ ~ ~ e o °~ ~ ®~° U U ~ j • {.. ~j • L. y y U •~ ~ ~ ~ ~ b p ~ U •V N .U ~ Q N dq ~ ~ U "C1 Q b Q y y ~" .~ _ 'N y U ~ Cr GL O v CL O v Cd cd ~ . ~ `n ~ ~ ~ ~ O •~ O •v O = ~ O .~ ~ dq •k bA ,~ ~ o ~ N ~ ~ ~ ed ~ ~ _N U ~ 'O •C ~ i~r fr' ~"" ~ ~ ~ ~ ~ N • ~ ••~ ~ U O U U U ~ U n' y aU~ U v' eOd p" ~ L]. ~ m U b U 'Cf ~ '~ ~ 'C U U ~ ~ C ^~ Q ed s"' sue, Uq ~ bA ~~., ~ Q .~ .~", ~ ~ .~ .O O ~ ~ y ,., ~ ~ ~ U p p t.. 00 ~., ~ 'O "O N b ~ 0 2 .c .~ 0 3 0° 3 y ~ ~ ' ~ ~' 3 y y ti ~° bA ~° bA 2 ~ _ O, O O • • 4. L O ~ O s.. 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' ~- ~., ~ ~ ~~ ~ ~~. c, om ~ ~ ~ ~~ f ^ dJ b (~ .~ ~' ~ { iA t? ~ G ~ ~~ ~ ~ Il~i~ ~ 1.. ... ^ F. ~Q3 0 . i i L y~ , nr'[ 1 .~ U ~ ~ I~ oc~'oc ~ l ~ "'d ~ Ky ,I ul~~ ice, ~ ~ ~ ~'YYNN••" 1 r t~ `fit ~ ~ H '"_" ~ r .. ~• t 1 ~a~ Se~'(A --> ___ (~ .. . ~ °~ ~ ~ ~ ~ ~ ,~~ ~~ ~ ~ ~ e w -d C5 ,~ ~' ~ ~ ~ a~ ~ ~ ~ ~ ~' ^~ ~ ~ ~ w ~ ~ ' ~ Gi w k~ ,w ~ ^'C v tr" P~~~b~ ~ ~ WILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • • COUNCIL MEMBERS HUB OF TREASURE VALLEY A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN E C GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor 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 ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: September 3, 1996 TRANSMITTAL DATE: 8/19196 HEARING DATE: 9/10/96 REQUEST: Conditional Use permit for a Planned Unit Development -General BY: Dyne 8~ Karen Forney LOCATION OF PROPERTY OR PROJECT: East on Pine street near Locust Grove Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P2 GREG OSLUND, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C -CHARLIE ROUNTREE, C/C -WALT MORROW, CIC -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 PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: 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 7:30 p.m., on September 10, 1996, for the purpose of reviewing and considering the Application of Wayne & Karen Forney, for a Conditional Use Permit for land located in the NE 1/4 of the SE 1/4 of Section 7, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located on East Pine Street near Locust Grove Road. The Application requests a conditional use .permit to develop a Planned Unit Development -General including a mix of community facilities, institutional uses, recreation facilities, residential, commercial and industrial uses which require unusal design flexibility to achieve completely logical and complementary conjunction of uses and functions. Amore particular legal 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 21st day of August, 1996. ~~~~ WILLIAM G. BERG, JR., I CLERK ....:.r s .~*..w ~.., :t ~ `~ g ~ * ~~ ~ n ~_ 1 ~\ Meridian City Council November 19, 1996 Page 2 MOTION CARRIED: All Yea Morrow: Mr. Mayor, as a point of update the (inaudible) first meeting this coming Monday, that is contingent upon being able to get those that are interested in working on that committee all together. Corrie: Are you working on that committee, you are heading it (inaudible) ITEM #2: TABLED OCTOBER 15, 1996: REQUEST FOR A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT GENERAL BY WAYNE AND KAREN FORREY: Corrie: I believe Council that we requested that the Attorney give us an opinion as far as can the City place a condition upon a planned unit development general that no residential use shall be allowed. You all have the memorandum from the City Attorney on that opinion. Any questions of the attorney? Morrow: Mr. Mayor 1 have some questions of the attorney. I have read your analysis of the situation, 1 guess my questions are with respect to the last paragraph it says that it is my opinion that conditions may be placed on the conditional use of a planned unit development general. They cannot be used to restrict use of the property (inaudible) in this case if noise from other light industrial uses is or could be of concern sound barriers could be required. The difFculty however is that the City does not know what other possible light industrial uses might be. I guess my question there is that how does other possible light industrial uses impact a residential use from the standpoint if we are going to grant a residential use as part of this application then it is safe to assume That common sense would (inaudible) light industrial zone would have every kind of light industrial activity and those associated noises going with it. It seems to me that if that is the case then the sound barrier might require a (inaudible) mitigate normal sounds and activities from the light industrial area that totally surrounds this project. Crookston: Knowing that you are trying to protect a residential development from unknown light industrial uses that is a much easier problem to resolve as far as what needs to be down as far as let's say sound as I mentioned in the opinion so you could require that substantial sound barriers be done. Because you know what use you are trying to protect at first impact from, the hard part is you don't know what light industrial uses are going to be there but I think you consume, it is very difficult to assume what uses could be there. There are many light industrial uses, some that produce a fair amount of sound and some that do not under our zoning ordinance. But you can place conditions that some type of sound barrier be constructed. It is hard to say what is necessary, but you do know that you are trying to protect a residential use from the impacts. So, you have to assume that you have to be, I would assume that you have to presume that you are protecting a residential • • Meridian City Council November 19, 1996 Page 3 area from noises from light industrial uses that may be of significant impact. It is different then trying to figure it out when you say that you are only protecting a commercial use from which I don't think you have to be as protective of. It is really not an easy question because you don't know what uses are going to be there. Morrow: Well it seems to me that from my perspective is that you have land that is zoned and annexed as light industrial it is a safe assumption that you are going to have a broad array of uses in a light industrial zone. Within the context of this application we have a situation where there is an attempt to put a senior citizens residential facility surrounded by some commercial and then the immediate area around it is light industrial. You have existing now Builders Masonry Products and it appears to me that probably the reality is that there is a flaw in our zoning and development ordinance that allows any type of a residential uses within a industrial, light industrial area. It seems to me that if we are going to press forward with this then that the burden of protection be placed upon the residential uses so that 15 years from now or ten years from now or five years from now we don't have senior citizens coming in complaining about surrounding industrial noises and get into a situation with a council at that time and the legal folk can't resolve the situation because we made a bad decision. Even though it is a legal one it is a bad common sense decision in terms of residential within a light industrial zone. So from my perspective if in fact that is going to take place then the burden of protection belongs with the residential and not future light industrial users. What you are indicating is that we can require sound mitigation barriers that protects the residential portion from the light industrial remainder of ground, is that correct? Crookston: That is correct. Bentley: Mr. Mayor, I have a same question in the same regards, let's change the situation and say Mr. Forrey isn't building his project there. And somebody with light industrial comes in and wants to build on the same lot, you have the same noise problem that is being imposed on the current homeowners there oR~ the adjacent lots. Are we going to tell the homeowners there that they have to put up the sound wall there. Morrow: Actually Mr. Bentley the ordinance is very clear that the requirement of the sound protection would be the light industrial person to protect the existing neighborhood. So in that situation the burden would be on the light industrial user to provide that mitigation to an existing residential area. The two are really apples and oranges. We are talking about an existing neighborhood with zoned ground and in application they would have a requirement to do the buffering and landscape buffering on the property line. So that is as I see it. Corrie: Has Council read the memo from Mr. Forrey of the meeting I had with Mark Smith C~ Meridian City Council November 19, 1996 Page 4 of Builders Masonry Company and Karen and Wayne Forrey in relationship to the questions that was raised by Builders. Masonry. Where Mark Smith has agreed that they would like to have them as neighbors just some of the conditions they asked that the 8 foot fence along the south property line be the first phase and limited residential to the front 630 feet on Pine Avenue and then of course I think Mr. Tolsma made a comment about the acknowledgement of accepting the complaining of others that they-won`t be complaining about the industrial was addressed. Have you had a chance to read that? Morrow: Mr. Mayor if I might address item 2 in that letter, it says that (inaudible) construct an 8 foot high wood fence along the south property line adjacent to the railroad right of way as part of the first phase development. Very candidly wood fences have a real short term life span in terms of this type of project. This may be a sound wall mitigation taking a lead from ITD and ACRD (inaudible) that type of sound wall ought. to be a block wall and landscape area so that it has a permanence equivalent to that of the life span of the building of the project. Rountree: Mr. Mayor, I would agree with Mr. Morrow's expectation in terms of the type of wall and landscaping. But you have to keep in mind that you get 100 feet plus or minus a few feet from the noise source. Unless you encase that noise source or the receiver any barrier is going to be ineffective. I think we are not looking at this in terms of noise protection on the exterior realistically in this situation. I don't think it can be done, what could be done is insulation of the buildings, triple pane glass and that sort of thing to make sure that any high pitched or noise of such frequency that would be disturbing on an interior would be taken care of with construction materials. From and exterior point of view there is really nothing you can do. To point that out Hoffs cyclone facilities off of Franklin, that would be very difficult to baffle that noise and barrier that noise from the neighborhoods. Morrow: That is true (inaudible) Rountree: That type of noise would be mitigated for some 100 feet behind the wall but beyond that you are not going to perceive a measurable difference in the noise level. Cowie: Council there is also a buffer of professional clinic buildings, parking lot and trees that is involved in there too which is considerably, I don't know how far that is. Wayne would you do me a favor, I am n~ very good at looking at maps here, what is the distance from the corner that you are talking about and then to the fence and any other buildings? Forrey: I believe Mayor it is approximately 570 feet of additional buffer between the south end of the property, about 570 feet north would be the office ware house buildings, the green house facility and the professional office, plus all of the landscaping. So there is that • Meridian City Council November 19, 1996 Page 5 • much buffer from the south property line and then it is another 200 feet beyond the south property line to Builders Masonry. I might add Builders Masonry is happy with the 8 foot wood fence. It would be, our maintenance program is ongoing. I know wood has a shorter life span than block but our maintenance program would be for perpetual maintenance and replacement. Rountree: Remember that would require a variance. Forrey: The 8 foot fence, in an industrial zone an 8 foot fence is allowed. Rountree: Okay, then we won't have to see it. Corrie: Thank you Wayne, any further discussion or questions? Rountree: Mr. Mayor, given the fact that we are in this situation because of what apparently is a flaw in our ordinance I am not particular keen on the idea of the residence in this land use area but there doesn't appear that there is much we can about this application. I would certainly hope that we would take a quick look at that in our ordinance and remedy that in the future. Given that I would make a motion that we approve the findings of fact and conclusions of law that were prepared for planning and zoning for this proposal. Bentley: Second Corrie: Motion is made and seconded that we approve the findings of fact and conclusions of law of the Meridian Planning and zoning, any further discussion? Roll Call Vote ROLL CALL VOTE: Morrow - No, Bentley -Yea, Rountree - No, Tolsma -Yea, Corrie - Yea MOTION CARRIED: 2 No, 2 Yea, Tie Breaker -Yea Corrie: The recommendation? Rountree: Mr. Mayor I move that the City of Meridian City Council approve the conditional use request by the applicant for the property described in the application set forth in the findings of fact and conclusion. Bentley: Second Corrie: Motion made and seconded that we approve the recommendation, any further • • Meridian City Council November 19, 1996 Page 6 discussion? All those in favor? Opposed? MOTION CARRIED: 1 No, 3 Yea Morrow: Point of question, I would assume by the motion then the Council has not chosen to have any mitigation in terms of adopting the letters or that kind of thing? Corrie: Counselor? Rountree: I believe a considerable amount of that is in the findings, but specifically to that letter Crookston: The findings have already been approved, you an reopen it and request that letter or those letters be included in the findings and adopted within those findings. Rountree: Just by motion without Crookston: You would have to bring it back up. Rountree: Well I can't bring it back up because I voted against the findings, but I don't have an objection to it being brought back up. Corrie: You can bring it bads up and we can vote to put the comment of Mr. Forrey into the Bentley: So moved, I make a motion we bring that back. Tolsma: Second Corrie: Motion made by Mr. Bentley, second by Mr. Tolsma that we incorporate the three conditions (inaudible) Masonry company to be put in the findings of fact and conclus'.uns, any further discussion? All those in favor of the motion? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED NOVEMBER 6, 1996: FINAL PLAT FOR BEDFORD PLACE SUBDIVISION NO. 3 BY BRIGHTON CORPORATION: Morrow: Mr. Mayor, questions in our packet, the only information we had was a letter dated November 1 from Shari talking about Bruce Freckleton and she had met with David Turnbull and Mike Tanner on October 16 to discuss our comments and concerns regarding the above referenced plat. The main issues are the pedestrian pathway, Nampa Meridian • • MERIDIAN CITY COUNCIL MEETING: November 19.1996 APPLICANT: WAYNE 8~ KAREN FORREY ITEM NUMBER; 2 REQUEST: REQUEST FOR A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT GENERAL AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: COMMENTS ,kIF~ cf~ ,~~`~ r~ CITY FIRE DEPT: ~ ~" v ~,~ ~t, CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: Q ~ ~~' ~ ~ MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ~ ~ ~ ~ t„ p , ~ ~~' ~~' ADA COUNTY STREET NAME COMMITTEE: 3 ~~-/ CENTRAL DISTRICT HEALTH: d~ NAMPA MERIDIAN IRRIGATION: .~ S (~ ~' SETTLERS IRRIGATION: ~q J~ ~ IDAHO POWER: ~ ~~~ US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. t, • • 6 ~/~~~ L!! r~ o u ~ s ~sss CITY OF MERIDIAN November 18, 1996 MEMORANDUM FROM: Wayne G. Crookston, Jr. Meridian City Attorney TO: Mayor Corrie and-all City C ncilmen RE: WAYNE AND KAREN FORREY APPLICATION FOR CONDITIONAL DEVELOPMENT-GENERAL USE PERMIT FOR A PLANNED UNIT QUESTION: Can the City place the condition upon a Planned Unit Development-General that no residential use shall be allowed. The City Council should consider the following provisions. Planned Unit Development is defined in 11-2-403 as follows: "An area of land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, commercial or a mixture of compatible uses." A Planned General Development is also defined in 11-2-403 as follows: "A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complimentary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreational facilities, institutional uses, community facilities or • • a PD which includes a mix of residential, commercial or industrial uses." Also, Conditional Use Permit is defined in the Zoning Ordinance as follows: "Permit allowing an exception to the uses authorized by this Ordinance in a zoning district." The provisions of the Subdivision and Development Ordinance, Section 11-9-607 are also applicable to construction and development of Planned Unit Developments. The provisions of that Section 11-9-607, which are particularly applicable to Mr. and Mrs. Forrey's application, are as follows: 9-607 E MODIFICATION OF DISTRICT REGULATIONS A PD shall be allowed only as a Conditional Use in each district subject to the standards and procedures set forth in this Section. A PD shall be governed by the regulations of the district or districts in Nhich said PD is located...., provided such exceptions are consistent with the standards and criteria contained in this Section. 9-607 F. 1. Planned Developments - Planned developments shall be subject to requirements set forth in the Zoning Ordinance and also subject to all provisions within this Ordinance. Also, of import in this particular situation is 67-6512(D), which states as follows: "Upon the granting of a Special Use Permit, conditions may be attached to a Special Use Permit including, but not limited to, those (1) minimizing adverse impact on other development;... (7) requiring more restrictive standards than those generally required in an ordinance;..." There is very little law on Conditional or Special Use Permits. I did find some cases that were instructive, but not exactly on point. Elam v. Alverz, 616 Pacific 2nd 168, which is a non-Idaho case, stated as follows in a head note: "Conditional Use is one permitted in that zone, but because of the possibility that a permitted use could become incompatible with other uses within the zone, special permission is required before land may be put to that use." Also, the case of Miller v. The City of Port Angeles, 691 • • Pacific 2nd 229, a state of Washington case, stated: "Condition imposed on Special Use Permits are upheld if they do not offend any provision of the Zoning Ordinance, do not require illegal conduct on the part of Permittee, are in the public interest, or reasonably calculated to achieve some legitimate objective of the zoning ordinance, and are not unnecessarily burdensome or onerous to landowners." Also of particular note with regard to any conditional use are the following provisions in 11-2-418; "A. General. The Commission shall recommend approval, or approve with conditions, or deny a conditional use application under the conditions as herein specified and consider such additional safeguards as will uphold the intent of this ordinance." "C. General Standards applicable to all conditional uses. 3. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character with the general vicinity, and that such use will not change the essential character of the same area. ..." "D. Supplemental Conditions and Safeguards in approving any conditional use. The Commission and Council may prescribe appropriate conditions, bonds and safeguards in conformity with this Ordinance." ANALYSIS: The City of Meridian Zoning Ordinance specifically states in 11-2-409 C that Planned Unit Developments - General, are allowed as Conditional Use Permits in the Light Industrial zone. Idaho Code 67-6512 (d) indicates that conditions may be attached to a Conditional Use Permit, including those that minimize adverse impact on other development; the problem with this restriction is that there is no other development in the area and what appeared from the questions of the council to Mr. Forrey were what the impact would be on Light Industrial Uses, which are placed on the property that surrounds his property in the future; what the council appeared to be doing was trying to prevent the residents in the elderly home from complaining about Light Industrial Uses that are placed on the adjacent property in the future; this is, in my estimation, a very wise consideration, but I do not see that our Ordinance restricts a Planned Unit Development - General from allowing that. Also, under our own Ordinance, 11-2-418 (d), the City Council does have authority to prescribe appropriate conditions, but I believe that this is a means to place conditions on the use, but not totally restrict the use of the property from being used residentially. • • • The cases that I have researched, and particularly the ones that I have referenced above, indicate that where a use is stated to be a conditional use it is a use that is permitted within the zone, but because of the possibility that the permitted use could become incompatible with other uses, conditions may be placed on the use. that will restrict the use and try to make the use less incompatible with other uses. This, however, is not a means to restrict the use of the property entirely. It is my opinion that conditions may be placed on the Conditional Use of the Planned Unit Development - General, but they cannot be used to restrict the use of the property in the fashion requested. Conditions must also be reasonable. In this case if noise from other light industrial uses is, or could be, of concern sound barriers could be required. The difficulty, however, is that the City does not know what the other possible light industrial uses might be. ** TX CONFIRMAT~REPORT ** AS OF NOV 19 '9~8~40 PAGE.01 CITY OF MERIDIAN 29 DATE TIME TOiFROM MODE MINiSEC PGS CMDti STATUS 11119 08 37 362 9416 G3--S 02'56" 004 036 OK Nov t a t9ss q~{y pF ~[F.BId31AN November 18, 1996 MEMORANDUM FROM: Wayne G. Crookston, Jr. Meridian City Attorney TO: Mayor Corrie and all City C ncilmen R8: WAYNE AND KAREN FORREX APPLICATION FOR CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT-GENERAL QUESTION: Can the City place the condition upon a Planned Unit Development-General that no residential use shall be allowed. The City Council should consider the following provisions. Planned Unit Development is defined in 11-2-403 as follows: "An area of land which is developed as a single entity for a number of uses in combination ~,rith or exclusive of other supportive u$es. A PD may be entirely residential, industrial, commercial or a mixture of compatible uses." A Planned General Development is also defined in 11-2-403 as follows: "A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and compliaaentary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreational facilities, institutional uses, community facilities or APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this l ~ ~ day of (~ ~~e~'''~ 1996. COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROVED VOTED u I VOTED VOTED VOTED VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ~®~-~'~1 • Meridian City Council October 15, 1996 Page 41 C~ Corrie: Any further discussion or comments? Hearing none I will close the public hearing at this time. Morrow: Mr. Mayor, 1 guess from my perspective we can do one of two things here. We can approve the request for the preliminary plat subject to the conditions that we have talked about or we can have the developer resubmit a plat addressing the issues that we are discussing here. I guess what I would like to hear from the Council is what they are most comfortable with. Rountree: I would be comfortable with approving the plat with the condition that they adjust that westerly property line on lot 3, block 1. And if that is not acceptable to the applicant then can resubmit. Morrow: I think in that case I would be willing to move that we approve the preliminary plat for granite creek subdivision subject to all staff and agency conditions and the additional conditions that the sewer and water service easement as needed for the adjoining property be included and that there be a property line adjustment on Lot 3 Block 1 to correct the side setback requirement and that property be deeded to the owner of that lot. Bentley: Second Corrie: Motion by Mr. Morrow, second by Mr. Bentley, any other comments? Hearing none, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT GENERAL BY WAYNE & KAREN FORREY: Corrie: Mr. Forrey, w!~uld you like to come up and (inaudible). Forrey: Thank you Mr. Mayor, I am going to take a moment and get the easel and a site plan. Mayor and members of the Council, my wife had to leave early, it is a school night and our children had to go home or Karen would be here. My name is Wayne Forrey and my wife Karen and I are purchasing 12.75 acres on East Pine Avenue to develop a planned unit developmeent general which is allowed by conditional use permit on land zoned industrial, shown on page 48 of the Meridian zoning ordinance section 2-409 C. Our project includes a mix of community service uses and facilities, institutional uses, recreation facilities, residential, commercial and industrial uses to achieve a planned unit development general as defined in the Meridian zoning and development ordinance. Our project 'is a planned general development because of the mix of land uses and because • Meridian City Council October 15, 1996 Page 42 C~ the proposed interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complimentary.uses and functions. Our planned unit development general includes the following uses. If you have the site plan it is on blue colored paper you could follow along. We have proposed in this project an elderly living center 120 units, 3 story building including independent and assisted living. There are commercial uses within the elderly living center and the uses I am going to list are available to the community at large. A gift shop, bank, beauty shop, massage therapy, a chapel, a technology resource center which includes a library, computers and classroom space. A recreation, a large banquet room, small banquet room, entertainment stage area, counseling center and a commercial laundry, known as laundry A. There also within that elderly living center are residential uses and accessories to residential use. They are living units which are one, two and three bedroom, meeting all American with Disabilities Act requirements, dining room, interior courtyard and plaza which is enclosed at the third level but open at levels one and two, personal laundry, known as laundry B, a greenhouse solarium, garden space A and 6, which is an outdoor are with raised beds accessible to the elderly. Activity room, van transportation, telecommunications wiring, security, 24 hour maintenance, and all facilities are fully handicapped accessible. Also in the project is a professional office building, a 40,000 square feet gross area, 3 story building for commercial use on a lease tenant basis. Two storage unit buildings, both single story, known as A & B on the site plan and therefore commercial use. Flexible space building A 23,000 square feet, single story including a variety of office, warehouse, commercial and industrial uses for industrial and commercial use on a lease tenant basis and that is the same with, building B, flexible space building B which is 7,700 square feet. Two greenhouse structures, the larger 3,200 and the smaller which is greenhouse A is 1600 square feet. They are wholesale greenhouse operations to serve Meridian business landscaping needs. There is an 800 square foot central maintenance building. There is also a garden shed available to the elderly living center and we have 4 outdoor courtyards and plazas shown on the site plan as A which is available to the elderly living center, B and C are accessories to the professional office building and courtyard plaza D which is accessible and accessory to the commercial and industrial uses flexible space A and B. We also have site fencing, perimeter fencing and the entire site will be served by pressurized irrigation. Our conditional use permit for this project provides a workable and a functional transitional land use development between the present residential uses adjacent to the site and a transition to the industrial and commercial uses in the area. This conditional use permit is desirable because it provides a transitional land use buffer between the existing zoned residential and the zoned industrial land. This project is desirable because the elderly living center is located at the north portion of the planned development general site which is closest to the existing residential uses. The professional office building has been placed at mid-site as a transition between the elderly residentially and the industrial and commercial uses along the south portion of the site which are adjacent to the railroad right of way. By using this transitional and mixed development • • Meridian City Council October 15, 1996 Page 43 procedure we think this is a very desirable conditional uss permit because the existing property values can be protected and maintained. Without this conditional use permit industrial uses could be located right next to existing residential uses and it could impact, severely impact property values and residential property values in that area. Also, there are irrigation easements on four sides of the property. The site has about 414 feet of frontage on Pine and it is 1185 feet deep, it is skinny, it is a deep parcel. It is exceptionally difficult to develop for single type of land use. The situation requires unusual design flexibility to achieve a logical and complimentary conjunctiarr of uses and functions. It is the City's policy to encourage land developers to look at planned unit development procedures and utilize the zoning ordinance for that process. We went through that, we analyzed each of the 8 objectives in the zoning ordinance and we have complied with those 8 objectives. So, we feel we have an excellent project, we feel it addresses concerns expressed by the City. We have met the objectives, in short I would say we accept fully the staff comments that we received and agency comments and we will develop in accordance with those agency approvals and cottiunents. I ask you to please accept and approve our planned unit development general request conditional use permit request. I would ask you to accept the findings of fact and conclusions of law that have been prepared and accepted by the Planning and Zoning Commission. There are four objectives that we have tried to addressed and I think we have. Number 1 is that our project will provide a very good tax base for the City. Secondly we will have a positive impact on schools, no new school children. Third, we have a very good transitional land use here, in fact from the rail road right of way, well let's go, from Builder's Masonry on the south side of the rail road right of way from the closest living center or living unit within the elderly living center, it is about 900 feet away to the south side of the rail road property. That is the equivalent of three City blocks and so we feel we have done a good job and tried to buffer and put good industrial and commercial and office facilities and create that transition. The public hearing has been closed we didn't have any verbal or written comments against the project, we feel good about it we are ready to move forward. We agree with the findings of fact and conclusions of law. I would like to ask our legal counsel Robert Phillips just to summarize for a minute and then M:e will be happy to answer questions. Phillips: Mr. Mayor, members of the Council, I will be real brief.. I know the last time we went through this there as some concerns and there was some ambiguity that we talked with Counsel about in the statute. Mr. Forney has redesigned this to clear up those ambiguities and to make sure that there is indeed a mixed use as opposed to accessory uses. Anyway those are taken care of so this is clearly a planned unit development general, Planning and Zoning didn't have a problem with the definitions like they did last time. Also, the. second point is this is a good transition, you have residential on this side and residential on this side and this helps create that good transition and buffer to the commercial uses and industrial uses for that area and then off to the east. And also keep • Meridian City Council October 15, 1996 Page 44 in mind the City ordinances specifically under section 9-607 encourage this type of use. With that I would ask if there are. any questions? Corrie: Questions of Council? Rountree: Wayne, you have been pretty specific as to the type of building, I guess a flexible building but at least a commercial industrial building and you have indicated greenhouses. Will those be built on a speculative nature or is that just a concept or what are you talking about? Forrey: It is not a concept, this is, we are applying for a conditional use permit to construct those facilities as shown. Rountree: What is the phasing of the construction? Forrey: I have given that some thought because Chairman Johnson asked that question and I answered it but I wasn't exactly specific so I came prepared tonight in case the Council asked that. Here is our, talking to our development team, we envision from approval of the conditional use permit to occupancy of everything, total build out, 54 months that is 41/2 years. Our phasing would be 3 phases 18 months each phase. That is going through the maximum down time that could occur during construction so that would be the outside window, it could be a 3 year construction, in other words 3 phases, a year per phase. But I am saying on the outside it would be 198 months per phase that is 4 1 /2 years or 54 months. Phase 1 would be the elderly living center, Five Mile Creek Natural Park, the perimeter fence, the improvements to Pine Avenue and all of Penrith, construction of the central maintenance building, landscaping on the north, south, east and west of the elderly center, tiling of the Grubber lateral at the south and the northwest portions of the site. We need to, I will try and identify this for the minutes. Where you see the central maintenance building, right through there that line, this landscaping is there by c1~Lsign because this property irrigates two directions. This north portion irrigates one way, the south portion irrigates to the south. So it is possible that we can continue to farm this while the north side is being constructed. I wold like to do that, I would like to get one more crop off of the lower 7 acres. So phase one would be here and. here and would still be allowed to farm a portion. Phase 2 would be flexible space buildings A and B and the storage buildings A and B and commercial street. That would be phase 2 which could follow 12 behind the elderly living center. So it is almost this is finished we would move into construction of phase 2 but it could be as long as 18 months. And then phase 3 would be the professional office and the greenhouse. That is our best guess and our development team, essentially that means there is continual construction from when we start here and take about 3 to 4 1/2 years to build out and occupy the entire facility, the entire site. Does that help? That is more specific than I was able to answer to Ct~€rman • Meridian City Council October 15, 1996 Page 45 Johnson. And we can commit to that schedule. Tolsma: I suppose you have seen the letter from Builders Masonry products, Corrie: No, I am not aware, the public hearing was closed. Tolsma: They are still not wanting that there because of the noise and such. Forrey: When was the letter received? Tolsma: October 11, one thing I was going to inquire about on here, being as you have industrial property to the northeast, industrial property to the south is this project going to be leased or is it going to be sold internally. Do all. of the developments, people living here going to lease this property, rent it you might say? Forrey: Yes, in the retirement center, it won't be a condominium it will individual units rented, same in the office space and same in the commercial industrial space (inaudible) Tolsma: So there could be a clause in there that said that these people will not be complaining about industrial noises all the way around them. There couldn't be any complaints because this is built in an industrial zone. Forrey: I think that is appropriate, in fact, maybe Mark knows 7 to 9 months ago I sat in his office when we began and we talked about that and I mentioned that to him that you will never hear a complaint from us. We acknowledge they are in business and I hope they grow and I have stated that. Tolsma: The reason I have brought this up was (inaudible) is creating noise that is clear over where I live that is 3/4 mile away. I believe you were involved with that at one time or another when they found out it wasn't a deabei noise it is a cycle, that as something to do with the cycles in the air that noise can travel a long distance and settle into an area. That is why I was wondering if there were other industrial projects built around that area. It doesn't create problems, it is like the farmers out here trying to bale hay at 3 in the morning and getting (inaudible) been here for 100 years (inaudible). The dairies that are around here (inaudible) I don't want to-see that happen to these industrial projects. Phillips: I am just curious that given this is residential right here and residential here and there is a home right here have there been complaints from those residential people in the past with regards to Builders Masonry? Tolsma: (Inaudible) • • Meridian City Council October 15, 1996 Page 46 Phillips: (Inaudible) homes on either side (inaudible). Tolsma: Well the only major industrial project that we have right now that is a noisy project and like they specified about starting the trucks at 5:00 in the morning and letting them idle in the winter time sometimes those trucks matte a racket out there. There are industrial projects to the east of there also and there is warehouse industrial that is to the northeast of that which is Hi-Micro and that. I just don't want to see those people put in a bind by allowing this to go in the middle of the. industrial area. Forrey: We understand that and would be more than happy to whatever form it takes, CC&R's, conditions in the. conditional use pem~t, I think that is appropriate. Corrie: That is not testimonial anyway, the public hearing was closed. Forrey: Yes, so that is why I didn't get a copy. I just received (inaudible) Corrie: We just got it. Forrey: Well it took my by surprise I thought I had all the agency comments. Corrie: Questions of the Council? Discussion Council, questions of staff? Rountree: I would have questions of Gary and Shari, have all of your issues and comments been addressed either by the applicant or within the findings of fact? Stiles: I believe all of my comments have been addressed yes. Bentley: Mr. Mayor, I have a question for Wayne, what type of signage are you going to have on this? Forrey: Low on the entrance to Pine at the entrance to Penrith in front of the office building on Penrith and in front of each of these buildings but they would be low incorporated into the landscape, not high, masonry almost like the it is a ribbed form liner, a ribbed form liner with an arch. It is kind of tike the podium here with the nice vertical stripes. Bentley: Thank you. Smith: I think in reference to your question Councilman Rountree that the applicant has agreed to all of our conditions. • • Meridian City Council October 15, 1996 Page 47 Morrow: Mr. Mayor if I might for point of discussion, this ground is already currently zoned industrial ground. The ground that will develop around it on all sides is industrial, particularly to the south and the east, to the northeast comer. It is true that the ground directly across the street is residential and the ground immediately adjacent on the west side is existing residential. It would appear to me that this type of project would be very difficult to provide the protection to the industrial users that may opt to use ground immediately close to this. At one point in time there was a truss company that had an ownership interest in a parcel of ground immediately adjacent to this. We just went through with Idaho Truss a situation earlier this year where the neighbors had moved in after the fact and there was substantial controversy and .substantial time invested with respect to the Mayor's office, the Council in terms of trying to iron out those issues even though it was a prior existing industry and the folks that were complaining for the most part were rental type of folks that had not been there a long time there or had not preceded the industrial use going on there. So it appears to me that this concept with the residential component is not compatible with the zoning that it is currently zoned and with the uses that are likely to take place immediately adjacent to it. I do recognize that it is a planned development general, but it would appear to me at least for my perspective our intent for those types of projects within an industrial area and a parcel that is this small is to be primarily to be used for office commercial and things that would provide a buffer between light industrial uses such as the masonry buildings products place or manufacturing processes that may take place here or truss plants or whatever. It is that type of buffer that you try to have between existing residential and industrial users. And in my mind not add in another. residential component. From that standpoint I have a problem with this conditional use permit and the surrounding and existing zones. Corrie: Any other comments from Council? Bentley: Mr. Mayor, I too am sensitive to the problems of possibility of noise affecting these people here and Walt comments about the possibility of another truss plant going in or something like that. But what would happen if a truss plant went in on the current property? Then you have the noise even closer to the existing residential. I too and I did on the original presentation when it came before us a month or so ago had the problem of are they going to be like the people that scream after they built their house next door to the airport. If conditions are listed that the people understand that the existing noise is there and they are going to have anre with it, if it does indeed affect them. And I don't really have a problem, but I, in my own.estimation this is a good project. There may be better sites but the problem I have this would act as a better buffer if something noisier came in on the other side to the existing residential. That is all I have. Corrie: Any other comments? According to the findings of fact it is legal, it is a planned unit development and it is permitted under a conditional use. Based upon the facts I would say Meridian City Council October 15, 1996 Page 48 • that I have some doubts whether it might be good, bad or indifferent but that is not the point. The thing is it is a good buffer for other homes up there, and it is still within the facts of the law that it can be put there. That should be treated as it is sta#ed in the findings of fact it should be treated as such as a planned unit development. I think it is a pretty good buffer where it is, it is a good tax base for the City. Rountree: I can recognize the desire to provide a buffer, 1 am a little put off with the idea that the elderly or warehousing or housing of -the elderly is a reasonable buffer. Every year I get closer to that descriptor and am more sensitive to that. I think this is better thought out than the original plan but my concern from the original plan to this the same two concerns are still there. The continuation of residential housing, rentals whatever you want to call the elderly living center in an industrial zone and the loss of industrial land to something other than industrial uses. I guess given that concern, my question would be for Council, is what is our position because it appears that it does now meet the definition of a planned unit development which is allowed in this zoning. We can condition that activity not to provide for any residential. Am I correct or not? Crookston: Charlie that is a question that I am not capable of answering at this time. I would have to research that some and if that is the desire of the Council I would certainly do that. It is a conditional use, you can place conditions on it. 1 would have to determine whether or not you could condition it to the extent of not allowing a residential use in the planned unit development. Rountree: Well I guess I don't understand given what you just said what my position could be on it. The residential aspect about the project I don't like. And some of the other uses of a residential or industrial ground being used for fairly non-intensive use. is not particularly exciting to me either. So I guess 1 am just searching for what I can do in thinking of what the conditions could be placed on this partiailar planned unit development. What position the City is in. Crookston: Mr. Rountree, i am not certain right now, I have not addressed those c.uestions before, I am saying that I would need to do some research to find out answers to your questions. Rountree: I would be more comfortable to have some kinds of answers. That is my comments and concerns. ' Corrie: You said there are homes north on Pine Street and there are homes to the west of that red line now? Forrey: Yes, there are homes on three sides on the west, on the north and on the east. • • Meridian City Council October 15, 1996 Page 49 Rountree: There is one home there Forrey: (Inaudible) Rountree: And they are still in the County correct? Corrie: Those are city on the West. Rountree: I think they are still in the County, I think they are in a rural transition. Corrie: So the connection is form the north (inaudible). County on the west, is the City on the east Shari? (Inaudible) Phillips: Can I make one comment, this is kind of directed at Counsel for his reflection to Council member Rountree's question. If the residential component is taken out as a condition then you just lost your PDG which requires a mixed use. Just as a reflection point you basically change the code by doing that. Morrow: Mr. Mayor I would move to table this pending research by the counselor to answer the questions that have been asked and have him give the Council an opinion from the ordinance standpoint. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that this be tabled until when November 6? Morrow: Let m~ ask the question, does that give you enough time to research this Counselor? Crookston: If you recall I am not going to be here on the 6th, I would assume that I would have the research done at that time. If you have any questions I would not be here. Morrow: Then I would move for the 19th. Rountree: Second Corrie: Any further discussion on the motion? All those in favor? Opposed? Meridian City Council October 15, 1996 Page 50 MOTION CARRIED: All Yea • Corrie: The attorney is instructed to find out some answers on the planned unit development and we will be back the 19th of November and we will get those answers. ITEM #13: CONDITIONAL USE PERMIT REQUEST FOR A JOHN DEERE- DEALERSHIP BY CONTRACTORS EQUIPMENT SUPPLY CO.: Corrie: Is there a representative of the Contractors Equipment Supply Co.? McCreedy: Mr. Mayor and Council members, John McCreedy representing CESCO. A brief overview of the proposal, CESCO would like to build a sales, service and parts dealership for a John Deere facility here in the City of Meridian. They are currently located in Boise where they have been since 1955. Avery long standing company with a good history and a good reputation in the Boise area. They have to leave that facility because the airport in Boise is expanding and they need a new facility. They intend to expand the runway there. Their lease is up some time mid to late next year, I believe it is September of 1997. I think the Council probably knows some about this property, it is now known as what is called the playground property. It was annexed first in 1993, there was a development agreement that was signed with Mike and Sue Clarke at that time as the owners of the Playground Inc. There was an amended ordinance #615 in 1994 that changed the zoning on the property to C-G commercial general. A retail equipment dealer, rental and sales would be an allowed use under a C-G zoning here in the City of Meridian. This City Council did recently approve a final plat which subdivided the Playground Subdivision into 3 lots, this is lot 1 of that subdivision. It is currently a driving range. That is the use that is restricted under the development agreement with the Clark's. Last fall CESCO representatives started meeting the Clark's and City officals to determine the possibility of locating the facility here. The purchase was complete after many months of negotiations with the Clark's and the Playground just this last June we were informed by the City that they wanted a conditional use permit in order to acc;~mplish two things one, to get the use in place, two, it was my understanding that was the procedure that would be needed to amend the existing development agreement that is on the property to allow an alternate use. CESCO has put together a very comprehensive development team. They have CSHQA as the architect, Wright Brothers as the builder, Jensen Belts is the landscaper, Hubble Engineering has done some of the engineering, J.J. Howard who is here to speak to the sewer issue has done some engineering on the sewer. The building for the site, we do have the landscape plan here, is approximately 24,000 to 25,000 square feet. You will notice it is setback quite a ways from Overland Road in excess of 200 feet to provide as much distance from the road as possible. The neighboring uses, I understand that lot 2 of the Playground Subdivision which would be located here is now up for sale by the Clark's. Lot one is the RV facility that they have. On the east side you COMMENTS MERIDIAN CITY COUNCIL MEETING: October 15.1996 APPLICANT: WAYNE ~ KAREN FORREY ITEM NUMBER; 12 REQUEST: __CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT GENERAL AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMM .' l~Pil r~~~`4~ ~~ OTHER: P 8~ Z MINUTES FOR 9-16-96 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" A~1 Materials presented at public meetings shall become property of the City of Meridian. • • Meridian Planning & Zoning Commission September 16, 1996 Page 15 " Oslund: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby recommend to the City Council of the City of Meridian that they approve the Conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law and that the property be required to meet the water and sewer requirements, fire and life safety codes and the Uniform Building Code and the other ordinances of the City of Meridian. Shearer: Second Johnson: Moved and seconded we pass a recommendation onto the City Council as read by Commissioner Oslund, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT GENERAL BY WAYNE AND KAREN FORREY: Johnson: At this time I will open the public hearing and invite the applicant or his representative to come forward. Wayne Forrey, 3045 Thayen Place, Boise, was sworn by the City Attorney. Forrey: Mr. Chairman and members of the Commission I have a drawing that I would like to hang up on your easel to present to the Commission. Johnson: While you are doing that, we received comments from ACHD today did you happen to get a copy of those? Forrey: I did about 3:00. Johnson: Well you got them before I did. Forrey: I am glad the City got those, thanks for letting me know. Mr. Chairman and members of the Commission my wife Karen and I are purchasing 12.75 acres on East Pine Avenue to develop a planned unit development general. Which is allowed by conditional use permit on land zoned industrial as shown on page 48, section 2-409 C of the Meridian zoning ordinance. Our project includes a mix of community service uses and facilities, institutional uses, recreational facilities, residential, commercial and industrial uses to achieve a planned unit development general as defined by the Meridian zoning and development ordinance. Our project is a planned development general because of the mix of land uses that we have and because the proposed interior and exterior spaces requires • • Meridian Planning & Zoning Commission September 16, 1996 Page 16 - and unusual design flexibility to achieve a completely logical and complimentary conjunction of uses and functions. Our project includes the following mix of uses. f will read them into the record. An elderly living center, 120 units 3 story building including independent and assisted living. And there are a variety of commercial uses within the elderly living center and I will list them for you. A gift shop, bank, beauty shop, massage therapy, a chapel, technology resource center, recreation center, a large banquet room, a small banquet room, an entertainment and stage area. A counseling center and a commercial laundry. All of those commercial uses would be available to the community at large. Also within the elderly living center there are residential uses and accessory uses to the residential use within the elderly center. Those are the living units which are one, two and three bedroom with full bathroom and full ADA accessibility, a dining room, indoor courtyard and plaza which would be enclosed or covered at the third level but open at levels one and two. Would have personal laundry, greenhouse and solarium combination. Two garden spaces, noted as garden space A and B, an activity room, van transportation, telecommunications, wiring alarm system to each room, 24 hour maintenance and security and all facilities would be fully handicapped accessibility. Also, we have a professional office building 40,000 square feet, 3 story for commercial use on a lease tenant basis. We have two storage buildings shown as storage building A and B. They are single story and they are commercial facilities for commercial use. We have two flexible space buildings A and B. The larger one is A and it is 23,000 square feet single story, B is 7,700 square feet also single story. Both of those buildings are for a variety of office warehouse, commercial and industrial uses contained within those buildings for commercial and industrial use on a lease tenant basis. We also have two greenhouses, the larger is 3,200 square feet, the smaller is half that size at 1600 square feet. Those would be wholesale facilities. We have a central maintenance building right here 800 square feet there is also an outside garden shed. We have four outdoor courtyards and plazas, plaza A is an accessory use to the living center. Plaza B and C are accessory uses to the professional office building. Outdoor courtyard and plaza B is an accessory use to the industrial and commercial uses south of Commercial Street. In our application we talked about site fer:;ing, pressurized irrigation, extensive landscaping. I want to state that this conditional use is really positive because it provides a workable and a functional transitional land use in this neighborhood. It provides a transition from the present residential uses along Pine Avenue and on the west and east and north, and a transition to the industrial and commercial uses south and then onto the east of this property as well. This CUP is desirable because it provides a transitional use buffer between the existing zoned residential land and the zoned industrial land. This project is desirable because the elderly living center is located on the north portion of the planned devebpment general site which is closest to the existing residential land uses. The professional office building is located at mid site to provide a transition between the elderly center and the industrial and commercial uses which are located closer to the railroad. By using this mix and this transitional design we can protect existing property values in that area. Without this • • Meridian Planning & Zoning Commission September 16, 1996 Page 17 conditional use permit industrial uses could be located right next to existing residential uses and could severely impact and depress residential property values. Also this property has irrigation easements on all four sides of the project. This property has only about 415 feet of frontage on Pine Avenue but it is almost 1200 feet deep. It is 1185 feet deep. It is narrow and long and skinny and it is exceptionally difficult to develop as a single use development. This situation requires unusual design flexibility to achieve a logical and complimentary conjunction of uses and functions on this property. Now it is the city's policy to encourage developers of land to utilize the planned development provisions of the zoning ordinance and you list eight objectives in the zoning ordinance. The reference is 9-607 A. We have gone through each of those objectives, we have achieved each of those eight objectives in the City's planned development ordinance. We feel we have done a very good job of addressing all of the City concerns to achieve a good positive development on this property. We received the staff reports several days ago Mr. Chairman and we accept the City Engineer's and the City Planner's staff comments. We have also this afternoon received the Highway District approval of our project and we are in full agreement with those comments as well. We will develop in accordance with the agency approvals and the comments in your staff report. Let me just say in closing please accept and approve our project as a planned unit development general. I hope tonight you will call for findings of fact and conclusions of law. We have redesigned this project, we have addressed all of the city objectives for a PUD general. Our project will provide a high tax base enhancement to the City. We are going to have positive impact to the schools, no new school children but a lot of revenue going into the schools. We provide a transitional land use buffer in a mixed neighborhood. This is a true mix of uses that constitutes a planned unit development general. I have asked our legal counsel Mr. Robert Phillips just to summarize to take a minute and summarize and then we will take questions. Thank you. Robert Phillips, 3437 Presidential Drive, Meridian, was sworn by the City Attorney. Phillips: I just want to make one initial observation: that is not (inaudible) points, I heard a book review the other day and they mentioned, it was called "The Better Quality of Life" was the name of the book. They talked about the three things that elderly people struggle with. They were loneliness, helplessness and boredom. They frgured those were the three things they struggled with the most. I think it is really interesting that Wayne's development here on the north side has that residential elderly center. It addresses the needs in those areas because there is assisted care to help the helplessness, and there are other. people and activities to help elderly people with their loneliness. There are lots of activities and a teaming center to help them with their boredom. I think the way he has designed I ,think it is really good to help meet the needs of our elderly today here in Meridian. That being said I have three quick legal points and Wayne has kind of summarized these things so I will be brief. One is the zoning law now allows for a planned • Meridian Planning & Zoning Commission September 16, 1996 Page 18 - unit development general in the zoned areas, light industrial and that allows for planned unit development general. So it is permitted type of use. Secondly as Wayne mentioned in section 9-607 of the code it not only permits planned development general but encourages it in instances. This is one of those instances where there is a more convenient pad of commercial, residential and industrial uses. You can see the way this is long and skinny and both the fact that there is both industrial and residential uses on various sides it helps transition those in a smooth pattern. So not only does the code permit this it also encourages it. And finally there are mixed uses, there was a question last time about this plan whether or not there were mixed uses. Wayne has listed very specifically the mixed uses both inside the .residential center and also outside. Specially inside the center you have a chapel, you have a bank, you have a banquet room, you have a beauty salon and there are other items that Wayne has listed. Outside you have an office building, you have storage buildings, you have a greenhouse and you have flexible space buildings. He has designed it in such a way that it helps transition. So keep in mind the zoning allows for it, it also encourages it and it meets the mixed uses required for a planned unit development general. Do you have any questions? MacCoy: I do, for either you or Wayne, the three story building you have there looking at ADA you are going to put an elevator system in there (inaudible) Forrey: Absolutely, full ADA compliance and handicapped accessible even beyond the ADA minimum requirements would be beyond that. We wanted every unit to be handicapped accessible. MacCoy: Along that same line you speak of buffer zones or (inaudible) considering the handicapped type or people who have problems what do you have as way of securing them so they don't end up in the industrial section or wandering someplace else. Do you have a (inaudible) I am concerned about the fact that you have warehousing in here you have trucking and so on. So somebody that is really not afl together could very easily create a problem. Forrey: My grandfather lives in a retirement center in Boise that is right next to a shopping center and I think that is positive because grandpa will go into the shopping center it is what Robert talked about the activity and being around people. So we don't see that as a negative. MacCoy: _Not even with the warehousing and stuff back there? Forrey: No, as I mentioned before we have a waiting list of people that are excited about the project they know of the other uses and yet we have never encountered anyone that saw this as a negative to be in the proximity of an office building or a flexible space • • Meridian Planning & Zoning Commission September 16, 1996 Page 19 building. MacCoy: I am just curious about your greenhouse, what prompted you to use greenhouses in your facility here? Forrey: We found that there is a shortage of, there are so many businesses that are required to have landscape plans, I think we are all so landscape conscious and flower beds and what not that there is a shortage of landscape materials. We found a real need for to have a tenant that would take that and build a wholesale operation just to supply landscape materials to local businesses in this growing community. MacCoy: Along that same thought, a little different direction here, on the professional building there the fact that it is tucked away inside there you are planning to sign something out on Pine Street to let people know that they are way back in the back end here? Forrey: Yes MacCoy: What kind of professional people are you looking at? Forrey: That is professional office building, it would be class A office space, a variety of tenants, insurance, real estates, as well as some, we think we are going to get a corporate person that would probably take one floor of that building. It is about a 13,000 square foot floor there. So we are going to have small business and medium size businesses there. You know it is tucked back but we designed it so it has a really good street appeal. It is set back, we think it is going to have a real good architectural feel coming down the road and seeing an opening and the nice office building in the back. MacCoy: I think it is a good idea but I was curious about the (inaudible) businesses are in business to be noticed and nowou have (inaudible). Forrey: This isn't retail oriented at all, this is corporate office space. MacCoy: Along the positions of the handicapped or the people that are not always able to handle themselves, what do you have in the way of night time security for these people, are you going to have low lights or something so once evening comes on they can negotiate. and work (inaudible). Forrey: The entire area around the elderly center will be fully lighted and we have shown on the plan all of the street lights. We would have all of the marking lights and lamp along the sidewalks as well. My wife toured a facility in another state that is very similar to this • • Meridian Planning & Zoning Commission September 16, 1996 Page 20 " but it was during the day, so I don't know how it worked in that facility. The one that my grandfather is in in Boise is not real well lit. If I owned it I would sure put in more lights so our plan is to make this first class and very safe. I have learned from my grandparents actually what they like and what they don't like in the places they live. MacCoy: You have very picked out the very thing, you normally look at these things during the day time and nobody sees it as night time and yet that is a very definite handicap for the handicap and we have to look at that point. What else do I have, buffer and what do you have in the way of buffer zones here. How do you plan Forrey: In our application one of the criteria that a City asks for in a planned unit application is screening and it is described in the application. But in a nutshell you will see on the east side that is a 40 foot landscape area. That is us against the Railside Industrial Park which was recently approved by the City. Beyond the 40 feet is (inaudible) so with this being fully landscaped there is an excellent buffer for that industrial area. And you see the nice landscaping we have on the north side and also here on the west side. And then of course these buildings (inaudible) south of the Railroad tracks. So I think we have good buffers (inaudible) MacCoy; (Inaudible) we read and see pictures, I think it is good that you walk us through that. You are going to have a landscape architect. So you will be picking trees , you end up with a buffer zone ten years down the road but pretty soon. One thing I have done and maybe this is good or bad. I did meet with Shari Stiles one day and she showed me a sample landscape plan and I made note of some of the tree species. Maybe you are changing your mind on whatever the guidelines for the City are I would like to be apprisd of that because we will start working on that soon, the landscape plan. But personally yes I want to get that greened up and effective as soon as possible. Shearer: Mr. MacCoy brought up something that put a question in my mind. We are talking about an elderly living cer`ier, not a nursing home or a shelter home? Forrey: Not a nursing home, not a shelter home. Phillips: Along that line there is some assisted care provided for some people and that is not nursing home oriented. Crookston: What is the building that you have basically in almost the center to the right, it is marked in yellow. Forrey: That is the maintenance building, the City ordinance requires in a planned unit development general that there be facilities for maintenance and I didn't know if that meant • • Meridian Planning & Zoning Commission September 16, 1996 Page 21 - it could be inside I interpreted that as a separate maintenance building. I would prefer that on a project of this scale to have a maintenance building and that is described in the application. That is what that is. Johnson: Wayne, how far along are you in your thinking in terms of phased construction. Forrey: Well we would like to get this approved. Johnson: Well why don't I repeat the question. Forrey: We will turn dirt as soon as we get a permit how is that. Johnson: Are you thinking in terms of phasing your construction? Forrey: Yes Johnson: Would you explain to me then how you are going to approach that. Forrey: The market will dictate the timing of the professional office building and the flexible space buildings A & B. The first phase right out of the gun will be the elderly.living center and all of the facilities it needs to make that support and get a building permit. In other words the landscaping, all of the utilities put in the street work all of those facilities needed to make it up and running in phase one. There is a very real possibility that we would build Commercial street at the same time we build Penrith but I can't say for certain tonight that those two streets would be built simultaneously. That is, we are still talking to people about the office building and about flexible buildings A and B but we have commitments here to proceed as soon as we get approved. Crookston: Wayne, you have that red line on your drawing and it appears as though it cuts off the I assume it is t; ie southwest corner. Do you own that land? Forrey: What that is is an existing gravel road that is there to serve Nampa Meridian Irrigation District access along the railroad tracks and also the City has a sewer line underneath that road. It is for City access to maintain that sewer trunk line, that is part of the Five Mile Creek Trunk that was installed as part of the St. Luke's trunk sewer project. So that is why that road is there. It is to get access off of Pine and to the back of this property for sewer and irrigation maintenance. It is an easement, it can't be removed. Crookston: It appears as though you have buildings quite close to that, how are you going to work around that easement with those buildings as close as you are showing them? ~ ~ Meridian Planning & Zoning Commission September 16, 1996 Page 22 - Forrey: Well those buildings don't encroach in that easement. That easement is wide enough just to get a pick up and a back hoe in there. It is just irrigation maintenance and sewer maintenance for the City. So there is adequate room there. The easement doesn't interfere with the buildings. We have worked around that. Oslund: I am looking at it, does it need to remain when you are done? Forrey: I met with Nampa Meridian again today and they tell me it needs to remain. They have got to get back to the Gruber lateral plus the City has the sewer. Oslund: If you build Penrith or Commercial you can provide them equal or better access then them having to go down through the side of your property right through you landscaping. It just seems kind of odd. Forrey: There is a piece of lateral here a big piece of the lateral here and all along the rail road tracks and that is where the City sewer is. Oslund: I see, so it is not just the one that is running parallel to the rail road track, you are providing access to other little pieces. Forrey: Yes, correct. Johnson: Any other questions of the applicant? This is a public hearing is there anyone else in the audience that would like to address the Commission at this time on the application? Any other questions before we close the public hearing? Hearing none then I will close the public hearing at this time. Shearer: Mr. Chairman, I move we have the Attorney prepare findings of fact and conclusions of law for this. MacCoy: Second Johnson: Moved and seconded that we have the City Attorney prepare findings of fact and conclusions of law on item 8, application by Wayne and Karen Forrey, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A JOHN DEERE DEALERSHIP BY CONTRACTORS EQUIPMENT SUPPLY CO.: OFFICIALS WILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor MEMO~tAr1D~TM e To: Mayer, City Council and Planning & Zoning From: Bruce Freckleton, Assistant to City En ineer Shari Stiles, P&Z Adminis~ratc~r ~~ Re: PINE CENTER PARK by Wayne and Karen Forney (Request for Conditional Use Permit) COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY September 12, 199b We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: l . Any existing imgation/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 irrigadon/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this ,project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Provide 5-foot-wide sidewalks on both sides of proposed streets in accordance with City Ordinance Section 11-9-606.B. 4. 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. 5. Paving and striping shall be in accordance with the standards set forth in Sections 11-2- 414.D.4 and 11-2-41.4-D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. The Meridian Fire Department requires a minimum width of 25' for driveways. w:~rn~rlicrtz2.ctm • Mayor, Council and P&Z September 12, 1996 Page 2 6. Submit a drainage plan designed by a State of Idaho licensed architect or engineer for all off-street parking areas for approval by the City Engineer/Public Works Deparment (Ord. 557, 10-1-91). 7. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. $. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. All signage shall receive design approval of the Planning & Zoning Department. 9. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 10. Sewer service to this development is contingent upon positive results from computer model analysis. 11. Coordinate fire hydrant placement with the City of Meridian's Water Superintendent. 12. Indicate any existing FEMA Floodplain Boundaries on the Site Plan Map, and/or any plans to reduce said boundaries. 1. Sanitary sewer and water services are existing in Pine Street. Applicant will be responsible to construct the sewer and water mains to and through this proposed development. The project design engineer is to coordinate main sizing and routing with the Meridian Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of roadway centerlines. Water lines shall be located on the north and east sides of roadway centerlines. 2. Provide a 250-watt high pressure sodium streetlight on Pine Street and at locations designated by the Meridian Public Works Department. All streetlights shall be installed at Applicant's expense. Typical locations are at street intersections and/or fire hydrants. 3. Any proposal for a supplementary connection from the City's water system to the pressurized irrigation system being proposed will need to be reviewed closely due to the size of the area to be watered. Applicant shall provide a statement as to the ownership of and operation and maintenance for the pressurized irrigation system. A:\PINBGTR2.CUP • Mayor, Council and PB~Z September 12, 1996 Page 3 4. Permanent perimeter fencing is to be provided prior to obtaining building permits. Provide details of fencing and required buffering of adjacent property. Detailed landscape plans, showing species and sizes, are to be provided for approval as part of the building permit process. A minimum 20' planting strip is required along Pine Street beyond required right-of--way. Screening fence shall not encroach on this 20' planting strip. 5. Pine Street is designated as a Minor Arterial on the Functional Street Classification Map. In addition, Pine Street in this location requires a bicycle lane. Site plan shows a 45' right-of-way south of centerline. ACRD has revised their previous comments to require only 33' of right-of-way from centerline. If this 33' right-of-way is approved by Council, it must accommodate the required bicycle lane. Provide evidence of dedication to ACRD of all needed right-of--way, along with a letter from ACHD that Pine Street width is adequate to allow bicycle lane, prior to obtaining building permits. 6. Construct curb, gutter and five-foot-wide sidewalk along all public rights-of--way. 7. A Record of Survey is required to be prepared for approval and signature of the City Engineer for aone-time split. Platting is required for any further division of property. 8. The drain that currently exists along Fine Street has been piped, but water has been observed in this area since construction. Submit letter of approval from Nampa-Meridian Irrigation District, along with any license agreement. All piping and drainage shall be located outside of the required right-of--way. Nampa-Meridian Irrigation District has indicated that, due to the required depth of the pipe (15' ±), their easement cannot be reduced, nor can any trees be planted within their easement. 9. All construction to be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes. 10. Five Mile Creek shall be developed as a pathway in accordance with the Meridian Comprehensive Flan and the Ada County Ridge to Rivers Pathway Plan. 11. What phasing is proposed for this project? Temporary turnarounds and other provisions may be needed based on development schedules. 12. If significant changes from the plan submitted are made, additional hearings may be required at the City's discretion. All building plans are subject to detailed review. ~:~a~~~~~~~~~~.~ • • BEFORE THE MBRIDIAN PLANNING AND ZONING WAYNE S. & KAREN L. FORREY CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT - GENERAL PINE CENTER PARK MBRIDIAN,-IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing September 16, 1996, at the hour of 7:30 o'clock p.m., the Petitioner, Wayne S. Forrey, appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the Application, the evidence and the matter, makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 16, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the September 16, 1996, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That this property is located within the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 1 • Meridian; that the land is currently farmed on a year to year, temporary basis; that the subject property is 12.75 acres; that the Applicant stated that it is proposed to develop a Planned Unit Development - General (PD-G) to include a mix of community facilities, institutional uses, recreation facilities, residential, commercial and industrial uses which requires unusual design flexibility to achieve completely logical and complementary conjunction of uses and functions; that Mr. Forrey stated, in his Application, that the characteristics which made this conditional use desirable is that this Planned Unit Development General provides for a workable and functional transitional land use development between the present residential uses adjacent to the site and a transition to the industrial and commercial uses in the area; that the Elderly living center is located at the north of the PD-G site which is closest to the existing residential uses; that the Professional Office Building has been placed at mid PD-G .site, which is adjacent to the Railroad right of way; that this is desirable because the existing property values can be protected and maintained; that this Conditional Use Permit for Planned Development - General has been planned and designed to reflect and incorporate the eight (8) Planned Development provisions of the Meridian Zoning and Development Ordinance; that residential properties border the site on the North, East and West; that the neighbors want the Elderly living Center to be located near Pine FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 2 • • Avenue at the north to be compatible and protect their property values; that the property owner is Bedelco, Inc., Edward L. Bews, and that the Forrey's are purchasing the west 12.75 acres of the Bedelco, Inc., property. 3. That the property is currently zoned I-L Light Industrial District and which is defined in the Zoning Ordinance at 11-2-408 B. as follows: (I-L) Light Industrial: The purpose of the (I-L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 4. Conditional Use Permit is defined in the Zoning Ordinance as follows: "Permit allowing an exception to the uses authorized by this Ordinance in a zoning district." 5. The Assistant to the City Engineer, Bruce Freckleton, and the Planning and Zoning Administrator, Shari Stiles, submitted comments which are incorporated herein as if set forth in full herein and are as follows: That any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605 M; that any existing domestic wells FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 3 and/or septic systems with this project shall be removed from their domestic service per City Ordinance, except for wells may be used for non-domestic purposes such as landscape irrigation; that outside lighting shall be designed and placed so as to not direct illumination on any nearby residences; that all signage shall be in accordance with Meridian City Ordinances; that 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 the site-specific requirements; -that sewer service to this facility is contingent upon positive results from computer model analysis; that water service to this development is contingent upon positive results from a hydraulic analysis by our computer model; that 5 foot wide sidewalks be provided on both sides of proposed streets according to City Ordinance Section 11-9-606 B; that 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; that the Meridian Fire Department requires a minimum width of 25' for driveways; that a drainage plan shall be submitted designed by a State of Idaho licensed architect or engineer for all off-street parking areas for approval by the City Engineer; that fire hydrant placement shall be coordinated with the City of Meridian's Water Works Superintendent, and that any existing FEMA floodplain Boundaries on the Site Plan Map, and/or any plans to reduce said boundaries shall be indicated. That specific site comments of Bruce Freckleton and Shari Stiles are as follows: a. Sanitary sewer and water services are existing in Pine Street; that the Applicant will be responsible to construct the sewer and water mains to and through this proposed development; that the project design engineer is to coordinate main sizing and routing with the Meridian Public Works Department; that sewer manholes are to be provided to keep the sewer lines on the south and west sides of roadway centerlines; that water lines shall be located on the north and east sides of roadway centerlines. b. Provide a 250-watt high pressure sodium streetlight on Pine Street and at locations designated by the Public Works Department. All streetlights shall be installed at Applicant's expense. Typical locations are at street FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 4 i • intersections and/or fire hydrants. c. Any proposal for a supplementary connection from the City's water system to the pressurized irrigation system being proposed will need to be reviewed closely due to the size of the area to be watered; that the Applicant shall provide a statement as to the ownership of and operation and maintenance for the pressurized irrigation system. d. Permanent perimeter fencing is to be provided prior to obtaining building permits; that details of fencing and required buffering of adjacent property shall be provided; that detailed landscape plans, showing species and sizes, are to be provided for' approval as part of the building permit process; that a minimum 20' planting strip is required along Pine Street beyond required right-of-way and that the screening fence shall not encroach on this 20' planting strip. e . That Pine Street is designated as a Minor Arterial on the Functional Street Classification Map. Pine Street in this location requires a bicycle lane. Site plan show a 45' right-of-way south of centerline. ACHD-has revised their previous comments to require only 33' of right-of- way from centerline; that if this 33' right-of-way is approved by Council, it must accommodate the required bicycle lane; that the Applicant shall provide evidence of dedication of all needed right-of-way, along with a letter from ACHD that Pine Street width is adequate to allow bicycle lane, prior to obtaining building permits. f. Construction of curb, gutter and a five (5) foot wide sidewalk along all public rights-of-way. g. A Record of Survey is required to be prepared for approval and signature of the City Engineer for a one- time split. Platting should proceed for the remainder of the property. h. That the drain that currently exists along Pine Street has been piped, but water has been observed in this area since construction. Submit letter of approval from Nampa and Meridian Irrigation District, along with any license agreement. All piping and drainage shall be located outside of the required right-of-way. Nampa and Meridian Irrigation District has indicated that, due to the FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 5 • • required depth of the pipe (15t), their easement cannot be reduced, nor can any trees be .planted within their easement. i. All construction is to be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes. j. That Five Mile Creek shall be developed as a pathway in accordance with the Meridian Comprehensive Plan and the Ada County Ridge to Rivers Pathway Plan. k. What phasing is proposed for this project? Temporary turnarounds and other provisions may be needed based on development schedules. 1. If significant changes from the plan submitted are made, additional hearings may be required at the City's discretion. All building plans are subject to detailed review. 6. That comments were submitted by the Meridian Fire Department which were that all codes will need to be met, that all water supplies, that all fire hydrants and fire sprinkler systems will need to be approved, and that it is uncertain if the City can supply 1500 gallons per minute in this area. 7. That the Nampa and Meridian Irrigation District submitted comments that were that the Gruber Lateral courses along the south boundary of the project, that the right-of-way of the Gruber Lateral is 30 feet, 15 feet from the center each way facing downstream, that the developer must contact the District for approval before any encroachment or change of right-of-way occurs, that a Land Use Change/Site Development application be filed for review prior to final platting, that all laterals and waste ways must be protected, that all municipal surface drainage must be FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 6 • retained on site, and that the District must review drainage plans and that the Developer must comply with Idaho Code 31-3805. 8. That comments were submitted by the Ada Planning Association (APA); that due to the multi-uses and the 120 unit elderly living center, the APA recommends a more comprehensive pedestrian walkway system be integrated into this development; that sidewalk location should include: 1. Along West Pine Street adjacent to the subject development. 2. Along Penrith Avenue abutting to the subject development site. 3. Along East Commercial Street adjacent to the subject development. 4. Through the driveway throats connecting into a sidewalk system to the buildings. 5. A sidewalk system in the development south of East Commercial Street; the Applicant may wish to provide a pedestrian system to Five Mile Creek Natural Park. 9. That the Ada County Highway District submitted comments regarding this application and they are incorporated herein as if set forth in full; that the Districts site specific comments include the following: a. Dedicate additional right-of-way to total 66 feet of right-of-way from the existing northern right-of-way line for Pine Avenue abutting the parcel (16 additional feet) prior to issuance of building permit or other permits; that the owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone; that if the owner wisher to be paid for the additional right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 7 Ordinance #188. b. Construct a 5-foot wide concrete sidewalk on Pine Avenue abutting the parcel, located one foot (1' ) within the new right-of-way line. c. Construct Penrith Avenue as a public street to a 41 foot back-to-back street section with curb, gutter and 5 foot wide concrete sidewalks with a 58 foot right-of-way; Penrith Avenue shall be offset a minimum of 150 feet from Stonehenge Way and Ralstin Place, centerline to centerline. d. Construct Commercial Street as a public street to a 41 foot back-too-back street section with curb, gutter and 5 foot wide concrete sidewalks with a 58 foot right-of- way, to connect to the stub street for Commercial Street as approved in the preliminary plat for Railside Subdivision on the site's east boundary, and with a stub street to the site's west boundary. Construct a paved temporary turnaround with an appropriate easement at the site's west boundary for Commercial Street. e. Five 24 to 30 foot wide driveways are approved as proposed on Commercial Street; that the driveways shall abe separated by a minimum of 50 feet (as measured from near edged to near edge). f. Four 24 to 30 foot wide driveways are approved as proposed on Penrith Avenue. The northern driveway shall be located as proposed 100 feet south of Pine Avenue and all driveways shall be separated by a minimum of 50 feet (as measured from near edge to near edge). g. That direct lot or parcel access to Pine Street is prohibited. 10. That comments were submitted by the Meridian Police Department and Central District Health Department and they are incorporated herein as if set forth in full. 11. That Mr. Wayne Forrey testified at the Planning and Zoning Hearing, that he and his wife, Karen, are purchasing 12.75 acres at East Pine Avenue to develop a Planned Unit Development FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 8 • General; that the project includes a mix of community service uses and facilities, institutional uses, recreational facilities, residential, commercial and industrial uses to achieve a Planned Unit Development General as defined by the Meridian Zoning and Development Ordinance; that the project includes the following mix of uses: 1. An elderly living center, 120 units 3 story building including independent and assisted living; that within the elderly living center, a variety of commercial uses, a gift shop, bank, beauty shop, massage therapy, a chapel, technology resource center, recreation center, a large banquet room, a small banquet room an entertainment and stage area a counseling center and a commercial laundry; that all of the commercial uses would be available to the community at large; that within the elderly living center there are residential uses and accessory uses to the residential use within the elderly center, which are the living units, one, two and three bedroom with full bathroom and full ADA accessibility, a dining room, indoor courtyard and plaza which would be enclosed or covered at the third level, but open at levels one and two; a personal laundry, greenhouse and solarium combination; there are two garden spaces (A & B) noted, an activity room, van transportation, telecommunications, wiring alarm system to each room, 24 hour maintenance and security and all facilities would be fully handicapped accessible. 2. A 40,000 square foot, 3 story professional office building for commercial use on a lease tenant basis; two (2) storage buildings which are single story and are commercial facilities for commercial use; two (2) flexible space buildings, the larger one is 23,000 square feet and single story, the other is 7,700 square feet and also single story; that both buildings are for a variety of office warehouse, commercial and industrial uses contained within those buildings for commercial and industrial use on a lease tenant basis; that there are two (2) greenhouses, the larger is 3,200 square FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 9 r ~ LJ • feet and the smaller is 1,600 square feet; that these would be wholesale facilities; that there will be a central maintenance building, 800 square feet and also an outside garden shed; that there are four (4) outdoor courtyards and plazas with plaza A an accessory use to the living center; Plaza B and C are accessory uses to the professional office building; outdoor courtyard and plaza B is an accessory use to the industrial and commercial uses south of Commercial Street. Mr. Forrey added that this project is desirable because the elderly living center is located on the north portion of the Planned Development General site which is closest to the existing residential land uses; that the professional office building is located at mid site to provide a transition between the elderly center and the industrial and commercial uses which are located closer to the railroad; that by using this mix and this transitional design, property values in the area can be protected; that this property has only about 415 feet of frontage on Pine Avenue but is 1185 feet deep; that it is a narrow, long and skinny [parcel of land] and exceptionally difficult to develop as a single use development; that he has achieved each of the eight objectives in the City's Planned Development Ordinance; that he accepts the City Engineer's, City Planners and Highway .District's comments and will develop in accordance with the agency approvals; that this project has been redesigned to address all of the City objectives for a Planned. Unit Development - General. 12. The Applicant's counsel, Robert Phillips, testified reiterating testimony already given by the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 10 • • 13. Commissioner MacCoy questioned and exchanged dialogue with Mr. Forrey with regards to an elevator system and complying with the Americans with Disabilities Act, as well as the possibility of a handicapped individual wandering into the industrial section where the possibilities of some trucking taking place and the safety of that individual; security; lights; the reasoning behind the greenhouses; signage for the professional building and buffer zones. 14. Mr. Forrey responded that compliance and handicapped accessibility would go beyond the minimum requirements; that every unit would be in full compliance with the Americans with Disabilities Act (ADA); that the activity and being around people is looked at as being very positive and he doesn't see the nearby industrial as being negative; that the idea of the greenhouse came from the idea of being landscape conscious and there being a shortage of landscape materials that he found a need; that a tenant would take and build a wholesale operation just to supply landscape materials to local business in this growing community that the professional office building would be class "A" office space with a variety of tenants, insurance, real estates [and other uses]; that the thought is to get a corporate person that would take one floor of the building so to have small business and medium size businesses there, corporate office space only, not retail oriented; that the entire area around the elderly center will be fully FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 11 • lighted and this includes lamps along the sidewalks as well; that there is a 40 foot landscape area on the east side of this project, for a buffer, as well as nice landscaping on the north and west sides, with buildings south of the Railroad tracks. That the project would be phased construction; that the market will dictate the timing of the professional office building and the flexible space buildings, A & B; that Phase One will be the elderly living center and all of the facilities it needs to make that support; that there is a very real possibility that Commercial Street would be built at the same time Penrith is built, but may not be simultaneously; that the gravel access road existing along the railroad track at the southwest corner will remain for City access to maintain the sewer line underneath that road and that access to other pieces of the Gruber Lateral will be provided. 15. Mr. Phillips added that there is some assisted care provided within the elderly living center, but it is not nursing home oriented. 16. That planned units are defined in Section 11-2-403 as follows: Planned Development (PD) - An area of .land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, commercial or a mixture of compatible uses . A PD does not necessarily correspond to lot size, bulk, density,. lot coverage required, open space or type of residential, commercial or industrial uses as established in any one or more created districts of this Ordinance. Planned Commercial Development (PD-C) - Any development in FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 12 • • which the principal use of land is for commercial purposes. Planned General Development (PD-G) - A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complementary conjunction of uses and functions. This PD classification -- applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses. Planned Industrial Development (PD-I) - Any developments in which the principal use of the land area is for industrial purposes or accessory uses customarily relating to industrial uses with the balance of such areas, if any, being intended for commercial uses as reasonably relates to the support or convenience of the intended industrial uses or their occupants. Planned Residential Development (PD-RL - Any development which is predominantly residential including those accessory purposes customarily relating to residential uses with the balance of such area, if any, being intended for such uses as reasonably relate to the support or convenience of the residential uses of other occupants. 17. The Subdivision and Development Ordinance addresses Planned Unit Development in 11-9-b07; the provisions of that Section are applicable to this application and the section is incorporated herein as if set forth in full; that some of the particular applicable provisions state as follows: 9-607 A PURPOSE The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 13 • 9-607 B APPLICABILITY Whenever there is a conflict or difference between the provisions of subsection 9-607 and other sections of this Ordinance, the provisions of Section 9-607 shall prevail. Subjects not covered by Section 9-607 shall be governed by the respective provisions found elsewhere in this Ordinance. 9-607 D PROCEDURES FOR PLANNED DEVELOPMENT (PD) Any person as the agent, or agent for the owner of any property within the City, may apply for Planned Development approval. All applicants shall follow the procedures as provided in Section 9-604 of this Ordinance, PROCEDURES FOR SUBDIVISION APPROVAL. In addition, the developer shall provide the Council with a colored rendering of adequate scale to show the completed development that will include at least the following: 1. Architectural style and building design; 2. Building materials and color; 3. Landscaping; 4. Screening; 5. Garbage areas; 6. Parking; and 7. Open space. 9-607 E MODIFICATION OF DISTRICT REGULATIONS A PD shall be allowed only as a Conditional Use in each district subject to the standards and procedures set forth in this Section. A PD shall be governed by the regulations of the district or districts in which said PD is located. The approval of the Final Development Plan for a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, signs, and other regulations as may be desirable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this Section. 9-607 F GENERAL REGULATIONS FOR PLANNED DEVELOPMENT 1. Planned Developments - Planned developments shall be subject to requirements set forth in the Zoning Ordinance and also subject to all provisions within this Ordinance. 3. Owners' Association - The Owners' Association Bylaws and other similar deed restrictions, which provide for the control and maintenance of all common areas, recreation FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 14 • facilities or open space, shall meet with the approval of the Council. 7. Bonus Density - The following bonus densities may be granted within a Planned Development, but shall not be treated as cumulative: a. Provision for private, common open space in a FD shall be considered cause for density increases not to exceed twenty-five percent (25$); b. Character, identity, and siting variation incorporated in a PD shall be considered cause for density increases not to exceed twenty-five percent (25$). 8. Financial Guarantees - The developer shall post financial guarantees for all approved on-site improvements if required pursuant to 9-606 C. 9-607 G GENERAL STANDARDS FOR PLANNED DEVELOPMENTS (PD) 6. Landscaping - a. Screening of off-street parking, loading and waste storage areas shall be required. b. Screening shall be required as a buffer between residential and non-residential uses or structures in a PD. c. All ground surfaces in a PD shall be covered with a vegetative cover growth or other ground treatment capable of preventing soil erosion under normal surface runoff conditions. 8. Design Review - All PD's shall be subject to design review by the City Staff and Council. 9-607 H DESIGN STANDARDS FOR PLANNED DEVELOPMENTS - RESIDENTIAL (PD-R) 2. Parking Space - One (1) additional parking space beyond that which is required by the Zoning Ordinance may be required for every three (3) dwelling units to accommodate visitor parking. 3. Maintenance BuildincZ or Approved Area - A maintenance building or approved area shall be provided that is suitable for the services required for the repair and maintenance of all common areas. 9-607 I DESIGN STANDARDS FOR PLANNED DEVELOPMENTS - FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 15 • • COMMERCIAL (PD-C) 1. Buffering and Screening - When commercial structures or uses in a PD-C abut a residential use, sight-restricting screening or buffering shall be provided. In no event shall any structure in a PD-C be located nearer than twenty feet (20') to a residential use. Off-street loading and waste storage areas shall be visually screened on all sides. 2. Lighting - Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas. 3. Design of Site - A PD-C shall be designed to harmonize with adjacent uses as to height, bulk, location, and use of exterior materials. Sides and rears of all buildings shall be given treatment comparable in attractiveness to their principal frontage. Pedestrian walks, plazas, and open spaces shall be located to provide maximum accessibility among the various buildings of the PD-C. Open spaces shall be so located as to provide for maximum visibility by customers and to create a harmonious relationship between buildings and exterior spaces throughout the project. 9-607 J DESIGN STANDARDS FOR PLANNED DEVELOPMENTS - GENERAL (PD-G) 1. PD-G shall be subject to all applicable standards as set forth in Section 9-607 of this Ordinance, with each land use conforming to the PD criteria for said land use. 18. That Section 11-2-409 A, Residential, lists General Planned Residential as a Conditional Use in the Light Industrial zone; that Section 11-2-409 A does not list Planned Residential Development as a Permitted or Conditional Use in the Light Industrial zone nor does it list Multi-Family Dwellings as either a Permitted Use or as a Conditional Use. Section .11-2-409 B Commercial, lists Planned Unit Development - General as a Conditional Use in the Light Industrial zone, but does not list Planned Unit Development - Commercial or Retirement FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 16 • Homes as Conditional Uses or Permitted Uses in that district. That Section 11-2-409 C Industrial, does list Planned Unit Development - General as a Conditional Use and Planned Unit Development - Industrial as a Permitted Use. 19. That Section 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council .shall review applications for Conditional Use Permits; that the section states as follows:: 11-2-418 C, GENERAL STANDARDS APPLICABLE TO ALL CONDITIONAL USES: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and shall find adequate evidence showing that such use at the proposed location: 1. Will, in fact, constitute a conditional use as determined by City policy. 2. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance. 3. Will be designed, constructed, operated and maintained to be harmonious and appropriate in ap- pearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area. 4. Will not be hazardous or disturbing to existing or future neighboring uses. 5. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services. 6. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 17 i • 7. Will not involve uses, activities, processes, materials, equipment and conditions of operations that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 8. Will have vehicular approaches to the property which shall be so designated as not to create an interference with traffic on surrounding public streets. 9. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 20. That section 11-2-418 D. states as follows: "In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence." 21. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 18 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City has the authority to take judicial notice of its own ordinances and proceedings, other governmental statues and ordinances, and of actual conditions existing within the City and state. 4. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to that section, conditions minimizing the adverse impact~on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be required for any conditional use permit; that 11-2-418 D authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. That the City has judged this Application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it.and the things of which it may take judicial notice. 6. That the conditional use permit, if granted, would be treated as being conducted in a Light Industrial District since FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 19 • that is the zone of the land. 7. That it is concluded that the provisions of the Zoning Ordinance, regarding planned developments, listing Planned Unit Development - General Planned Residential as a Conditional Use in the Light Industrial District, but not listing Planned Residential Development, also, as a Conditional Use in that District, are quite problematical, particularly when dealing with an Application requesting approval of a Senior Citizen Boarding and Lodging Complex, and other associated uses, as a Planned General Development. 8. That the definition sections, regarding planned developments, provide little instruction because they only state that planned developments may be entirely residential, industrial, commercial, or a mixture of complementary conjunctive uses; the Sections provide very little guidance for determining when a planned development is, or should be deemed to be, residential, commercial or industrial, or a Planned General Development because of a mixture of complementary uses. 9. That with regard to the prime use of an 'Elderly Living Center and the application for a General Planned Development, it is concluded that under the Residential Section of 11-2-409 A, RESIDENTIAL, a Planned Residential Development in the I-L District is not authorized as a permitted or conditional use, but a Planned Unit Development - General Planned Residential is allowed as a FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 20 Conditional Use. 10. That Ordinance 11-9-607 of the Subdivision and Development Ordinance controls development of a Planned Development and 9-607 J, states that a PD-G shall be subject to all applicable standards as set forth. in Section 9-607 of this Ordinance, with each land use conforming to the PD criteria for said land use and that one of the required provisions in Section 9-607, which is not generally applicable to applications other than for planned developments, is that all Planned Developments are subject to design review by the City Staff and Council. 11. It is concluded that the above uses, mentioned as being in the development, are accessory purposes customarily related to the prime residential use of the Senior Citizen Boarding and Lodging Complex and are intended for such uses as reasonably relate to the support or convenience of the prime residential use. 12. That it is concluded that in Section 11-2-409 C, INDUSTRIAL, a Planned Unit Development Residential is not allowed as a permitted or a conditional use, but a Planned Unit Development - General is allowed as a Conditional Use. 13. That it is concluded that a Planned Unit Development - General is a allowed as a Conditional Use under 11-2-409 C, INDUSTRIAL. 14. That 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 21 • • Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area and assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The use of land for a Senior Citizen Complex and the other suggested uses would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; that it is concluded that the Senior Citizen Complex and a majority of the other suggested uses must be placed on the property. b. The uses may be harmonious with~and in accordance with the Comprehensive Plan and that the Zoning Ordinance requires a conditional use permit to allow the use the primary use and the other suggested uses. c. The uses must be designed and constructed to be harmonious in appearance with the character of the general vicinity; that if the conditions set forth herein are complied with the use likely would be operated and maintained to be harmonious with the intended character of the general vicinity and may not change the essential character of the area. d. That the uses would not be hazardous nor should they be disturbing to existing or future neighboring uses if the conditions are met. e. All uses on the property must connect to sewer and water, contingent on positive results from computer model analysis. f. The uses would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. If the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 22 • • person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. h. That sufficient parking for the proposed uses shall be required to meet the requirements of the City ordinance. i. The development. and uses should not result in the destruction, loss or damage- of a natural or scenic feature of major importance. 15. That since conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the City Council place conditions on the use and development. 16. That it is recommended that the City Council require that all comments and conditions of the City Staff, the Ada County Highway District, and Nampa & Meridian Irrigation District be met. 17. That since the land is zoned Light Industrial, since it has been concluded that the use is a Planned Unit Development - General, and since a Planned Unit Development - General is allowed as a permitted or conditional use in the Light Industrial District under the Zoning Ordinance, it is concluded that the Application should be treated as such, a Planned Unit Development - General, and, therefore, it should be approved. 18. That the Applicant shall also be required to do the following: a. Meet the requirements and comments of the Assistant to the City Engineer and the Planning and Zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 23 • Administrator. b. Meet the Ordinances of the City of Meridian, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, Uniform Mechanical Code, the Fire and Life Safety Code, all parking and landscaping requirements. c. Meet the requirements and Conditions of the Ada County Highway District, Nampa & Meridian Irrigation District, Central District Health Department, City Fire and Police Departments. d. Meet all of the representations of the Applicant unless they are in conflict with the above requirements or City Ordinances. e. Meet all of the requirements of 11-9-607 f. Submit a landscape plan to the Planning and Zoning Director and have it approved by her. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian City Planning and Zoning hereby adopts and approves these Findings of Fact and Conclusions and Conclusions of Law. ROLL CALL COMMISSIONER BORUP COMMISSIONER OSLUND COMMISSIONER SHEARER COMMISSIONER MacCOY COMMISSIONER JOHNSON (TIE BREAKER) C ~'ir~ VOTED I VOTED •"~.~' ~' ('~ ~l (, VOTED ' `~'~ ~ "~ ~•~ VOTED C ~ " ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 24 • • REC~IENDAT I ON The Meridian City Planning and Zoning hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusians of Law. MOTION: i /- APPROVED:~~ ~t__ DISAPPROVED: ~~-~ :'..... ~.``-~~ ~` r~' / ' FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 25 WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY"D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administretpr PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Depazunent (208) 887-2211 Motor vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY 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 & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: September 3, 1996 TRANSMITTAL DATE: 8/19/96 HEARING DATE: 9/10/96 REQUEST: Conditional Use permit for a Planned Unit Development -General BY: yllavne ~ Karen Forrey LOCATION OF PROPERTY OR PROJECT: East on Pine Street near Locust Grove Road JIM JOHNSON, P/Z MALCOLM MACCOY, P2 JIM SHEARER, P/Z GREG OSLUND, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C1C 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 DISTR~T SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM 8- FINAL PLAT) INTERMOUNTAIN GASP LIM 8~ FINAL PLAT) 3UREAU OF REC (PRE B~AL,,}~~T) CITY FILES [(~~ YOUR CONCISE AUG 2 0 1996 CITY OF ~IERll}IAN WILLIAM G. BF_RG, JR., City Clerk JANICE L. QIASS, Clty Treasurer GAP.Y U. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY . A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FA.X (208) 887-4813 Public WorksBuilding Departrnent (208) 887-2211 Motor Vehicle/Drivers Lioeose (208) 888-4443 ROBERT D. CORR~ Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY 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 ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: September 3. 1996 TRANSMITTAL DATE: 8/19196 HEARING DATE: 9/10/96 REQUEST: Conditional Use permit for a Planned Unit Development -General BY: _ Wayne 8a Karen Forney LOCATION OF PROPERTY OR PROJECT: East on Pine Street near Locust Grove Road JIM JOHNSON, P/Z MALCOLM MACCOY, P2 JIM SHEARER, P/Z GREG OSLUND, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, 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 8 FINAL PLAT) _ ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELUTA & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES p+ ~ ~ , OTHER: D " YOUR CONCISE REMARKS: G CO ES_ wiGCr lU2~ c~ .J.3~ uz s c~ .~ L, ~- WAY ~ r SK,~o~ T s ,~ ./4 ~G LJ % L L /ll.e cQ ed e ly~~~0'/'~U'e o ,L .d4nJ f ~loWs. 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W e v H F- ~ o o~-~, ti o•~.~ 3 Q~ Q ~~ a u ~ ~ o W £~ T° ~ Q.~ a o L a0 ° e° Z a d ~w C b o y ~ c c W E o ~ yN y~ ~ W•~~oo[ Z o LL. N d~p D `o '~ "'$ ~ w p° ~ 'u"._, `°' I ~s ~°'L''' .e $ ~ ~ 025 ~^" ~•c y ~ ~ht a ~,OWG O`~° ~"~ ~`'$' `~aai~ a ~'a ~n3 ~ .+a Z ~•°.$~."'I~- ~~' .a . o i. Z „ .. ep e ~ - C O ~ g y O ~ W W a O Yi S° c h$ F C~ $ a°~ ~« F O $s e o ~' a W d ~~ W c~~ :a W ~'~ E ~'! w•; W~~ R iyi 3 7~ N viw ErF ~ f!1 ~ v ~ to u. •5 N ~i a w M ^ •• N ~ Ada PlannLng Association 413 W. Idaho, Suite 100 Boise, ID 83702 (208) 345-5274 Fax (208) 345-5279 APA Serving Governments in Ada County Since 1977 MEMORANDUM ~EC~~VE~ TO: Will Berg, City Clerk $EP ~) 1996 City of Meridian _ CITY OF MERIDDAAi 4~ FROM: Mary ardison, Technic nalyst ,; DATE: Septe` er 16, 1996 Re: Conditional Use Permit -Pine Center Park II Planned Development ThiJ mElrCrand;:,"~ i iS in rL=Sp~+i ASS to tl ie Pipe Cei ~i8r'r'urk it Planned ^veVeiOpmvi1t NropoSal which will be considered by the Meridian Planning and Zoning Commission on September 16, 1996. I recently received a site plan which identifies sidewalks and gravel roadway/pathways within the Pine Center Park II Planned Development from Mr. Wayne Forrey, AICP, representing the development. The site plan is attached. The proposed sidewalk/pathway system complies with the recommendations that APA made in the previous memorandums. MH:JL MH\DEVREV\MERIDIAN\ PINEPARK.PU3 Attachment: Pine Center Park II Site Plan pc: Sheri Stiles, City of Meridian Wayne Forrey, AICP File 540.09 City of Meridian Ada County Highway District, Ada County, Cities of Boise, Eagle, Garden City, Kuna, and Meridian Boise Auditorium District, Boise Independent School District, Meridian Joint School District, and Boise State University Equal Opportunity/Affirmative Action Employer Printed on Recycled Paper 1 L ~ IggS. . ~~_ I~ ~ _ East Pine Avenue 47~,~ a i~ dal Street _ ~+~ ~~~ ~ell~~~~° a1 ~~ ~ t 5 ~'•il 0 Greenfause A+~d~t~~v~ N Qp•G ~ Cu P S,k~ ~1ar. I~ k ~ ~.~~- ~e®~lopmen~ ~eneral ~ ~~^G Application CUP ApplicaEion ~> Slte Plan Key W = Water Line S =Sewer Line ~ R =Refuse Facility SL =Street Light FH ~ Fire Hydrant - - - ~ NMID Easement ~ MH =Manhole ~-lt!! =Irrigation Box slt ~_ •--- =Property Line »> =Street Drainage = Tren, C~noPY NORTH ~~ !s • I > ~ ~ine ~~enfer ~ar)i ~ I . _ j Plarxied Unit Development - C~ener De`ebped BY: n L Torre d K 8 ~--- ...................... ~aaie ...._ .... ..--- ._.. - y . an are WiYne 7D15 itnyen Mace Bolee~ Idalq 637W eoaN t• -too' aoxa 7iA - wwucos Ada Planning Association 413 W. Idaho, Suite 100 Boise, ID 83702 (208) 345-5274 Fax (208) 345-5279 APA Serving Governments in Ada County Since 1977 ~~~I ~~~[~771~11~1~4 ~~~~~~~ TO: Will Berg, City Clerk ~CityofMeridian S~i~ ~ ~ 1996 FROM: ry E. Hardison, Technic la Analyst CITY OF MERIDIAN DATE: Sep a ber 9, 1996 Re: Conditional Use Permit -Pine Center Park II Planned Development Recently, I received a letter from Mr. Wayne Forrey, AICP, representing the Pine Center Park II Planned Development which will be considered by the Meridian Planning and Zoning Commission on September 10, 1996. APA recommended sidewalks be constructed on East Pine Avenue, Penrith Avenue, and East Commercial Street. Mr. Forrey indicated that sidewalks were planned on these streets per development requirements of Ada County Highway District and City of Meridian. The site plan in the Conditional Use Permit Application received by APA did not show these sidewalks. APA staff was unsuccessful in obtaining information about sidewalk locations from the appropriate sources prior to being away from the office for one week. To ensure APA's response was timely and pedestrian facilities were incorporated into the development, we recommended sidewalks be constructed on the three abutting streets. In addition, we recommended a more comprehensive sidewalk system be incorporated into the development. The intent of this statement is to provide a sidewalk system which links the buildings (i.e., the elderly living center and professional ofhce) and the street right-of-way. This would provide a safe and direct pathway for pedestrians without them walking in vehicular traffic. This sidewalk system is highly encouraged since 120 residential units are proposed for construction. Gruber Ditch Road located at the southwest corner of the development provides pedestrian access to the Five Mile Creek Natural Park. No pedestrian pathway was shown on the site plan linking East Commercial Street to Gruber Ditch Road. APA recommended a sidewalk system be developed to provide this pedestrian link and to minimize pedestrians walking in traffic. A good internal pedestrian system that links sidewalks in the street right-of-way to the elderly living center, professional office buildings, and Gruber Ditch Road accessing Five Mile Creek Natural Park will only improve the pedestrian environment for this development. MH:JL MH\DEVREV\MERIDIAN\ PINEPARK.PU2 pc: Sheri Stiles, City of Meridian Wayne Forrey, AICP File 540.09 City of Meridian Ada County Highway District, Ada County, Cities of Boise, Eagle, Garden City, Kuna, and Meridian Boise Auditorium District, Boise Independent School District, Meridian Joint School District, and Boise State University Equal Opportunity/Affirmative Action Employer Printed on Recycled Paper 1 \ V JAI .~ ~1 .Y !'~ C ~ 1 V .~ ~ ~ u ~ .. r -- ~, o o ~ 17,` 195. ~~ I East Pine Avenue a,4~oe I S ~~ ~ .~ ~~ ~ ~ ~ ~~ m: ~$ o~ ast Cammercia! Street - ~ ~~~ Qa~G ~ c~ a ~;~ ~,aw ~fl]Cll~ ~~Il~~~g° ~°~ wi res ~ S~~rt~s Cs, ~~~ ~'l~nY1eQ 'V I11 ~~®~1~~~~n~ ~eneral ~~^~ t~pp~ication C~ ~pp~icaEion Site Plan Key W =Water Line S =Sewer Line ~ R =Refuse Facility SL =Street Light FH =- Fire Hydrant - - - W NMID Easement ~ MH =Manhole =Irrigation Box •~-- =Property Line ~» =Street Drainage = 'Free G~noPy ~ ~ Ada Planning Association 413 W. Idaho, Suite 100 Boise, ID 83702 (208) 345-5274 Fax (208) 345-5279 __ APA Serving Governments in Ada County Since 1977 MEMORANDUM TO: Will Berg, City Clerk ity of Meridian ._.,_ FROM: a E. rdison, Technical Analyst DATE: Au t 30, 1996 Re: Conditional Use Permit -Pine Center Park II Planned Development RECEIVED 5 EP - 3 1996 q'TY OF MERIDU+N APA staff reviewed the conditional use for the Planned Unit Development (PUD) called Pine Center Park II on West Pine Avenue south of Stonehedge Way and have the following comments. The proposed PUD includes a mix of community service uses, institutional uses, recreational facilities, residential, commercial and industrial uses. Due to the multi-uses and the 120-unit elderly living center, APA recommends a more comprehensive pedestrian walkway system be integrated into this development. Sidewalk location should include: Along West Pine Street adjacent to the subject development. 2. Along Penrith Avenue abutting to the subject development site. 3. Along East Commercial Street adjacent to the subject development. 4. Through the driveway throats connecting into a sidewalk system to the buildings. 5. A sidewalk system in the development south of East Commercial Street. The applicant may wish to provide a pedestrian system to Five Mile Creek Natural Park. This sidewalk system would provide safe walking facilities for individuals residing in the Elderly Living Center as well as employees in this area. Should you have any questions about these recommendations, please contact me. MH:LR\MH\DEVREV\MERIDIAN PINEPARK.PUD pc: Sheri Stiles, City of Meridian Wayne Forrey, AICP File 540.09/City of Meridian Ada County Highway District, Ada County, Cities of Boise, Eagle, Garden City, Kuna, and Meridian Boise Auditorium District, Boise Independent School District„ Meridian Joint School District, and Boise State University F qual Opportunity /Affirmative Action Employer I'rintoil un K~~e~~rli~tl I':yior ~ z~ ~o. ~ ~Gf1o SHERRY R. HUBER, President SUSAN S. EASTLAKE, Vice President JAMES E. BRUCE, Secretary .YO ., ".:..1" ., ~: QTY C~~ l~l~;i~i~~ r TO: Wayne Forrey 3045 Thayen Place Boise, ID 83709 FROM: Karen Gallagher, Coordinator ~ Development Services Divisio SUBJECT: MCU-2-96/MOD/Pine Center Park II Pine St w/o Locust Grove Rd September 13, 1996 Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on September 11, 1996. 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 345-7680. KG cc: Development Services Chron John Edney Chuck Rinaldi City of Meridian ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 ADA~OUNTY HIGHWAY DI~RICT Development Services Division Development Application Report MCU-2-96 MOD Pine Ave w/o Locust Grove Rd Mixed use development Pine Center Park II The applicant is requesting conditional use approval to construct a mixed use development that includes a 120-unit senior's complex with 75,000-square feet of commercial buildings and 1,000-square feet of maintenance buildings. The 12.75-acre site is located on the south side of Pine Avenue and west of Locust Grove Road (approximately 900-feet). This development is estimated to generate 2,070 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Pine Avenue ACHD Commission Date -September 11, 1996 - 12:00 p.m. 0 SITE Pin 0 L 0 N E S ~~~~~~~~ ~ C i o ~; ,, . ~-~ ( Fem. ~ ~~ c~,_ ~ `~- ~ ~ - ~ ~a ~ . ~ , ', -ate '~-r--v~1 ~-:1s~~--~+4~ 0 3s c~da?~d - , - ~ ~~ i~ 2! 3N~l,d, ` ;, ~ "rte N ' V N ' I• ~~ ~ m 2 ~d wis ova ~, ~ II U 1 ~ ~ N f ~ ~ 1 / ~ / ~ -~ ac. ~ i ~~ ~ t. ~ ~ ~ ~ ~ I j Q ,,i i ~ ~l ~ N • ~ ,w al „ Q ~ N ~ ' ~ VI ~ ' ~ I 3JN3H3NOlS 'N" ~ ~y' o I • n i "' ~~ ~ ~ 1~i ~ ~ ' ' _. ~ i - ~ I ~i d _. t~ ~I ~~ ~ ~ ~ ~ _ ~ ,, ~ 1 N _ ~ I ~ Ci v ~ ~ ~ ~ ~ i ~ `~ Q cy ~ ~ ~ W V ' f ~ ~ ~ ~~~~~~~~~ I ' ~ ~ J ~ •~ A ~ ~ ~ ~0 N _ ' , ~~~~~ ~ ~ `~ t ,~: J I j .J .. ~ ,~ y _ ,~... ;~ ~ ''~3 • I. _ ,I `I _-_ ~ .. ~~ ~ ~- _ .li -._-. i ~ ~ I ...:i`.. ...` - - I ~ i -~;~--- ; i w ~. -. _1 I ~ _. ,J r _. - j ~ T~`-=~- w ~ -, '~_.--' YAK ~ i ~ ~ ~ . -- .-- - . ~ II ~ Z I ------- ~ ~ + II .~ .- -~ - , I ~ ' _.._. --~• -- ... ~ i •, -.. - I . ... --- ' =~ I ' r "~.• r .. ` I I I I -----7 . - .i .. li . '~ '11•:1!` ~~ . ~;. , r ~..~ , .i ~ _.. z ~ . '1 . I" ;`'N~~t~.,~. -..~~'1- -;n-O~'I_i; ~ `c, J.rraww%nv M3N .~ -- i ~ ,:; - ;. ,..~, z, d 1 -- ~;c~I - ~ ?: 1 __. ,~ _ - 11i J - ;i i I ,I _ / _ ~ I~; ._ 1 i:. - I /~ i ~:: i~ (~ / f • I -~ I' I `Y•....I III i!i ,Y..:_.-.- -- -, I - -- ' -- ~I Ii ..;1 ;• --- i. _ -=1 .I I: i. i I .. - - r. i • L-.- f ili_I ~1-.~' ~•i ~fr't=1:1 i ~ i;l i ~~~- -_ --•----~ 1 1. - . 1 I 1 11 L '. ~ ~ j ~ "~ t ~ J 7~1_ __ - ~ - --.._ - f .. {-I = ' i III ..-I I, I ~r~ - , .r.~ ~ ~1_ _ i ~ --~- ~_-t.- _. `) r ICJ (~ ~ i .. 7 I .~. -- - - - _ .I I •~I~ I : i!if-- +~` i:: ,. 1.. µ1.J ~ I (.'-, ~ ` l :I--r'~-^.1 _ Y~r I . ~I .,~ f ~ ., I ~^r ; . j~ 111 I ~ I• • i 17 i.-7 , 1---.r. .~ ,~ r-~- k ,l t I J~ I i _~., _., _,~, . l -- - ~ .. •I ~~ _~ _ - - - - ( I r - ~T-i -I 'I I l a } Il - ~i ~ 1 ~I~T .~--a!~~' ,III III ii. ~ - II 'iF'• ~ I ' ~ '~~~~~ I '- . j ~~ I I,.. ~ ~~ I I - ~fM ~ ~, .~ I _ . .-~ r: , . ~~ • _ ~ ~ G East Pine Avenue ~~~~, ~ ~~~ s - I - _ ..,, . ,' ~~~~ ~ .. f . ! ~~ r ~ .~ ! ~,. c,~ ~. i ~ ~~ ~~,Y;y, :' j - ,. 4 ~. „ ~ti•~„~y~~"A, i~" tom'' ~. +`P~ ... , ' ~ ~ I ~~ A A i ~l o~ w ~ ~ i ~ A I -~- ~: , ., A ! ~ ~ A i Planned ~ni~~,, - . ! ~ .~ ~ ~e®elopmen~ i ~ ~ ! ' ZC~eneral f ~~" r ~ ~ I ' i - A ~ 4 ~~-~a 1~pplica~ion j ~ ~ j CUP application h i ~ Site Plan Key Q I Q W =Water Line s i ! p J S =Sewer Line s .~ c i Q R =Refuse Facility $ ~ pZ ! _ _ ~ ~ n _ SL =Street Light ° FH =Fire Hydrant - - - = NMID Easement MH =Manhole « «< «< -~ =Irrigation Box ast Commercial Street ~ ~ Fay"~ ~ =Property Line ~~ ~~~ ~ ~~~ ~ `"~~' »> =Street Drainage ! =Tree Canopy O i A o~ '~~ NORTH ~' l ~ ~- a> ~- zinc ~en~er ~ar~ i ~ 1 Green i ~" ~ -'~ Planned Unit Development - Gei .. , ; Greenhouse B ' \ a 1 ~ ', i oe`ebpaa er: ' ~ ...._ _. ~- - -..- ----..-~ .-.. _ .---- ' Wayne S. antl Karen L. Foney -'-'- -'-'-- -'-'-'-' '-' i i 3045 Tharen Place Boiae, Itlaho 83708 483.75 Scale t• = 100' Props! 3A • 0?AUG98 ~~ Facts and Findings: • • A. General Information Applicant/Owner -Wayne and Karen Forrey I-L -Zoning 12.75 -Acres 120 -Proposed elderly dwelling units 75,000 -Approximate square footage of proposed commercial buildings 1,000 -Square feet of maintenance/storage buildings 0 -Square feet of existing building 1,240 -Total lineal feet of proposed public streets 269 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Pine Avenue Collector street (to be reclassified as a minor arterial) with bike lane designation Traffic count of 1,515 on 2/9/95 410-feet of frontage 50-feet existing right-of--way 66-feet required right-of--way (33-feet from ultimate street centerline) Pine Avenue is improved with 25-feet of pavement with curb, gutter and sidewalk across from the parcel. B. The District reviewed a 54-acre preliminary plat called Bedelco Business and Living Center that included this 12.75-acre parcel. The preliminary plat was not approved by the Ciry of Meridian. The District also reviewed MCU-2-96 fora 114 unit seniors complex on the northern 5-acres of this site. The proposed development is a modification and expansion of MCU-2-96. The site is bordered by Pine Avenue on the north, mostly undeveloped land to the west, the Union Pacific Railroad to the south, and Railside Subdivision to the east. C. The applicant is proposing a public north-south public road (Penrith Avenue) with 58-feet of right-of--way intersecting Pine Avenue. Staff recommends that the road be constructed to a standard commercial street width of a 41-foot back-to-back street section within a 58-foot right-of--way. The applicant is proposing to offset the road 180-feet east of Stonehenge Way, which meets District's minimum separation of 150-feet for local streets. D. The applicant is proposing an east-west street (Commercial Street) to connect with the stub provided on the site's east boundary in Railside Subdivision and to stub this street to the site's west boundary. Staff supports the connection to Railside Subdivision and the new stub to the west, since there is undeveloped land at that location bound by an irrigation facility. Commercial Street should be constructed to the District's commercial street standard of a 41- foot street section with curb, gutter, and 5-foot wide sidewalk. The applicant should provide MCU296.MOD Page 2 a paved temporary p~ turnaround with an appropriate eas~nt at the site's west boundary for Commercial Street. E. The northern most driveway on the private street is proposed to be approximately 100-feet south of Pine Avenue. This separation meets District standards. Four driveways are proposed on Penrith Avenue, and five driveways are proposed on Commercial Street. All of the driveways proposed should be 24 to 30-feet wide curb cuts with a minimum of 50-feet of separation between all internal driveways. F. In accordance with District policy, the applicant is required to construct a 5-foot wide concrete sidewalk on Pine Avenue abutting the parcel (approximately 414-feet), located 1- foot within the new right-of--way. G. The applicant has tiled the Synder Ditch/Drain. H. No access to Pine Avenue is proposed. I. The transportation system will be adequate to accommodate the additional traffic generated by this proposed development. J. This application is scheduled for a public hearing by the Meridian Planning and Zoning Commission on September 10, 1996. The following requirements are provided to the City of Meridian as conditions for approval: Site Specific Requirements: 1. Dedicate additional right-of--way to tota166-feet from the existing northern right-of--way line for Pine Avenue abutting the parcel (16 additional feet) prior to issuance of building permit (or other required permits). The owner will be compensated for this additional right-of--way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of--way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance, with Section 15 of ACRD Ordinance #188. 2. Construct a 5-foot wide concrete sidewalk on Pine Avenue abutting the parcel (approximately 414-feet), located 1-foot within the new right-of--way line. Construct Penrith Avenue as a public street to a 41-foot back-to-back street section with curb, gutter and 5-foot wide concrete sidewalks with a 58-foot right-of--way. Penrith Avenue shall be offset a minimum of 150-feet from Stonehenge Way and Ralstin Place, centerline to centerline. 4. Construct Commercial Street as a public street to a 41-foot back-to-back street section with curb, gutter and 5-foot wide concrete sidewalks with a 58-foot right-of--way, to connect to the stub street for Commercial Street as approved in the preliminary plat for Railside Subdivision on the site's east boundary, and with a stub street to the site's west boundary. Construct a MCU296.MOD Page 3 paved temporary turrld~'ound with an appropriate easement at~ site's west boundary for Commercial Street. 5. Five 24 to 30-foot wide driveways are approved as proposed on Commercial Street. The driveways shall be separated by a minimum of 50-feet (as measured from near edge to near edge). 6. Four 24 to 30-foot wide driveways are approved as proposed on Penrith Avenue. The northern driveway shall be located as proposed 100-feet south of Pine Avenue and all driveways shall be separated by a minimum of 50-feet (as measured from near edge to near edge). 7. Direct lot or parcel access to Pine Avenue is prohibited. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the Development Services Supervisor. The request shall ~V SUCn a IegUlremenC WUUIU ICJLLlI 111cl JUUSltlllllal 11QLUa111}l u1 111c~LL1LV. ilia. wi-awii g4„P~+ shall be submitted to the District no later than 9:00 a.m. on the day scheduled for 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 reconsideration. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. A request for an appeal of the Commission's action shall be made in writing to the Development Services Supervisor within 15 calendar days of the action and shall include a minimum fee of $110.00. The appeal will be scheduled to be heard by the Commission within 20 calendar days after receipt. ThP rPq ~PCr ppeal shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement wrnild result in a substantial hardship or ine4uity. 3. Aright-of--way permit must be obtained from ACHD for any street or utility construction within the public right-of--way. Utility cuts should be combined where practical to limit pavement damage. ili street cuts in roads paved within the last five years will not be allowed unless ~ppror ved bX the District CorrLrr_~ission. Contact Construction Services at 345- 7667 (with file number) for details. 4. Submit site drainage plans and calculations for review and appropriate action by ACHD prior to issuance of building permit (or other required permits). The proposed drainage system shall retain all storm water on-site and shall conform to the requirements of the city or county having jurisdiction. MCU296.MOD Page 4 5. Locate driveway curbs a minimum of 5-feet from the side property lines when driveways are not being shared with the adjacent property. 6. Construct pedestrian ramps on the corner of all street intersection in compliance with Idaho Code, Section 40-1335. 7. Dedicate a up to a 20-foot x 20-foot right-of--way triangle (or appropriate curve) to keep street improvements within the public right-of--way at all intersections abutting and/or within the development prior to issuance of building permit (or other required permits). 8. Continue existing irrigation and drainage systems across parcel. 9. Continue borrow ditch drainage abutting parcel (culvert may be required). 10. Provide written approval from the appropriate irrigation/drainage district authorizing storm runoff into their system. 11. If street improvements are required, locate obstructions (utility facilities, irrigation and drainage ditches and appurtenances, etc.) outside of the public right-of--way. Authorization for relocations shall be obtained from the appropriate entity. If determined by the District, existing irrigation facilities may remain in the right-of--way with District review and approval of easements recorded for future relocation at a later date. 12. Locate proposed sign(s) out of the public right-of--way and out of the clear-vision sight- triangle of all street and driveway intersections. 13. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross-street. The stop sign shall be installed when the project street is first accessible to the motoring public. 14. The developer is required to install street name signs at the locations approved by the Ada County Highway District. Purchase street name signs, sign poles, and mounting hardware from ACHD's Traffic Operations Department or an approved outside supplier. The District will not manufacture street signs until the conditional use is approved by the City of Meridian. 15. Any portion of a street which is required by the District to be designated as "no parking" shall be signed as "no parking" and red painted curbing may be required. A "no parking" sign plan/curb painting plan shall be submitted to ACHD Traffic Services staff for their review and approval prior to final plat approval by the District. If a final plat is not required, the sign plan/curb painting plan review and approval shall be completed prior to issuance of building permit (or other required permit). 16. Provide a clear vision sight triangle at all driveway and street intersections. Within this triangle no obstruction higher than 36-inches above the top of pavement will be allowed, including but not limited to landscaping, berms, fences, walls or shrubs. The triangle shall be defined with the long leg measured 200-feet to 540-feet (depending on speed limit) along MCU296.MOD Page 5 the centerline of any~d; and the short leg measured from t~urb line of the road 20-feet along the centerline of the intersecting driveway or street (see District policy Figure F7). Provide notes of these restrictions on the plat/site plan and street construction plans. 17. Submit three sets of street construction plans to the District for review and appropriate action. 18. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 19. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 20. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 21. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 22. 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. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Hate of Commission Approval: ~~p 111996 MCU296.MOD Page 6 CEPa1TRAL CE •• DISTRICT ~R'HEALTH DEPARTMENT Rezone # Conditional Use # Preliminary /Final /Short Plat _ ~~ ~~~ DISTRICT HEALTH DEPARI'~IENT Environmental Health Division ~C~~~E~ AUG 2 7 tg96 CITY OF MERIDIAN Return to: ^ Boise ^ Eagle ^ Garden city .~1eridian ^ Kuna ^ Acz ^ I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ,® 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ,~ central sewage ^ community sewage system ^ community water well ^ interim sewage ,central water ^ individual sewage ^ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: .central sewage ^ community sewage system ^ community water ^ sewage dry lines 1~central water .~" 10. ^ I I. ^ 12. ^ 13. Street Runoff is not to create a mosquito breeding problem. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be subm ^ food establishment ^ beverage establishment ol° G-~ss S~~S ,$"J~S'sr'~ SEL` CDHD 10/91 rcb, rcv. I/95 fitted for a plan review for any: ^ swimming pools or spas ^ child care center ^ grocery store / 9 ? ~„~ 7-- S"~i o al a /N C L~~L ~t U S t= Date: ~ / ~"'~ /~ ~~'12.f ~2 7'a ~ IS Cli /~^g ~ 7b TA ~ Reviewed By: /~'~TC/'tom 1Q~4~MMcNt~i4-i''7a~tS Review eet • • ~ CENTRAL • •• DISTRICT HEALTH N~~ . 801SE.1~.8310~4 . ~~3~~~,,.F~:~» DEPARTMENT MAIN OFFICE 701 N. ARMSTRO To preoent ~ treat disease °~ disability' to promote healthy lifestyles; and to protect and promote the health and quality of our erwironmplt STORMWATER MANAGEMENT RECOIVIlVIENDATIONS We reconunend that the first one half inch of stormwater be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system oaulds be used for groundwater and surface water degradation. Manuals that c guidance are: ,1) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho Regional Office, September 1995. 2) STOR1ViWATER MANAGEMENT MANUAI- FOR THE 9~UZGET SOUND, State of Washington Department of Ecology, February 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEME Serving Valley, Elmore, Boise, and Ada Counties +aeco~.~hoace a varrcau+Now Ado ~ tore Coungr oe~u wIC base • M«idon a„a,ecouryose• n d SwYanwrrd 1N,11, P.O. goz 1416 707 K Mnhonp PL 1606 Roberts S20 E mA Street K Manidn Fbme.10. ISO S. 4q~ Sheet E McCol. 0. ~l03g PR W47191 Aoae. tD. g37W fnwo. HeotlR 327.7459 goes. ID. 83706 Ph. 7343355 83647 PR Sg7.6101 htountan Horne. ~. dJ647 Ph. 587.9125 fcmiY Plofrltp: 32T•7400 324 Meridon. ~. . Mrxr~oMorts: 321.1450 g3E41 Ph. 8g8d425 • • ~:,~ S ~ P - 9 '°~~3 CITY ~~= ,~E~~~~~~i 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 3 September 1996 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 Attn: Wi// Berg, City C/erk SHOP: Nampa 466-0663 City of Meridian Boise 345-2431 33 East /daho Meridian, lD 83642 RE: COND/T/ONAL USE PERM/T FOR PLANNED UN/T DEVELOPMENT P/NE CENTER PARK // Nampa & Meridian lrrigation District's Gruber Lateral courses along the south boundary of the project. The right-of--way of the Gruber Lateral is 30 ft; 15 feet from the center each way facing downstream. See /daho Code 42-1208--R/GHTS-OF-WA Y NOT SUBJECT TO ADVERSE POSSESS/ON. The deve%per must contact John P. Anderson or Bi// Henson at either 466-0663 or 345-2431 for approval before any encroachment or change of right-of--way occurs. Nampa & Meridian /rrigation District requires a Land Use Change/Site Development application be filed for review prior to final platting. Al/ latera/s and waste ways must be protected. Al/municipal surface drainage must be retained on site. /f any surface drainage /eaves the site, Nampa & Meridian lrrigation District must review drainage plans. Contact Donna Moore at 343-1884 or 466-7861 for further information. The deve%per must comp/y with /daho Code 31-3805. It is recommended that irrigation water be made available to all developments within Nampa & Meridian /rrigation District. Sincerely, ,-~ B l~l Henson, Asst. Water Superintendent NAMPA & MER/D/AN /RR/GAT/ON DISTR/CT BH.•d/n pc: File -Shop Fi/e -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ~•'=~-9S'~3~5 CITY QF ~i~~I~1~~~ ~. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 5 September 1996 Phones: Area Code 208 OFFICE: Nampa 466-7861 Wayne S . Forrey Boise 343-1884 Karen L. Forrey SHOP: Nampa 466-0663 Boise 345-2431 3045 Thayen Place Boise, ID 83709 RE: Land Use Change Application for Pine Center Park II Dear Mr. and Mrs. Forrey: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent Bedelco, Inc. City of Meridian enc. ~, .. .-. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 • • Meridian Planning & Zoning Commission October 8, 1996 Page 11 MOTION CARRIED: All Yea ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW. FOR CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT GENERAL BY WAYNE AND KAREN FORREY: Johnson: Any discussion, corrections or deletions concerning these findings of fact as prepared? Entertain a motion for approval. Borup: Mr. Chairman I move the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions of law. Shearer: Second Johnson: Moved and seconded we approve the findings of fact as prepared, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Absent, Shearer -Yea, MacCoy -Absent, Johnson -Yea MOTION CARRIED: All Yea Johnson: Recommendation to the City? Borup: Mr. Chairman, I recommend the Meridian Planning and Zoning hereby recommend to the City Council of the City of Meridian that they approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. Shearer: Second Johnson: Moved and seconded we pass the recommendation onto the City as stated, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: This should be a good project for the City of Meridian Mr. Forrey. (Inaudible) ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A JOHN DEERE DEALERSHIP BY CONTRACTORS EQUIPMENT :::APPLY • MERIDIAN PLANNING & ZONING COMMISSION MEETING: OCTOBER 8.1996 APPLICANT: WAYNE $ KAREN FORREY AGENDA ITEM NUMBER: REQUEST; FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT GENERAL ENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: n CITY POLICE DEPT: ~ 1. CITY FIRE DEPT: 1 ,/,~ Y CITY BUILDING DEPT: ~ V MERIDIAN SCHOOL DISTRICT: ~, MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ~ ~, ~ ~ ... ADA COUNTY STREET NAME COMMITTEE: s CENTRAL DISTRICT HEALTH: S '~ NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ~I Materials presented at public meetings shall become property of the City of Meridian. ~UI~ERS ~ I~~IMASONRY PRODUCTS October 11, 1996 RECEIVED City of Meridian O C T 1 1 1996 City Council 33 East Idaho Street ~~ OF ~ER1DIl~N Meridian, Idaho 83642 SUBJECT: October'97 Public hearing regarding application for a Conditional Use Permit (Wayne & Karen Forrey) for land located NE 1/4, Se 1/4 of Section 7, 3N, R.lE, Boise, Meridian, Ada County Idaho, and which property is generally located on East Pine St. near Locust Crrove Rd. ATTN: The Flonorable Mapor Coriie Charles Rountree This letter is submitted on behalf of the owners of BUILDERS MARKETPLACE, INC., (dba BUILDERS MASONRY PRODUCTS), a manufacturing company located at 1300 E. Franklin Rd., Meridian, Idaho. Our property is located directly south of the property for which an application for non-industrial development is being sought. We at Builders Masonry Products would like to comment, for the record, and state our opposition to any rezoning or conditional use requests for the property described above, for the purpose of developing a residential care center for senior citizens. It is our belief that having a Care Center directly located by our manufacturing facility would not be in the best interest of the elderly residents or our Company. A combination of dust, loud noise levels, and manufacturing into the early morning hours would be very disruptive of the peaceful atmosphere Mr. Forrey desires for his residents. We feel that senior citizens are a very important part of our community, and agree that there is a need for more housing. However, it is our belief that there are several other locations within the city limits that would be more conducive to the needs and desires of the elderly -areas with fewer safety risks, traffic, and noise levels. We have concerns that after the care center has been in existence for some time, complaints will be made against our company due to the noise level of our manufacturing facility and our trucks. A perfect example of this recently happened in Boise. The City of Boise attempted to approve anoise-control ordinance. This proposal would allow fines to be issued for any activity which produces 65 decibels of noise between 11 p.m. and 6 a.m. or 70 or more decibels during all other hours. This would apply to all "noise-sensitive properties" which include residential areas, churches, and care centers. This type of ordinance could be proposed in Meridian, which would be devastating to our business. 1300 E. FRANKLIN ROAD • MERIDIAN, IDAH083642 • (208)888-4050 When this facility was built in 1978, the owners chose this area, in large part, due to the location and "Industrial" zoning of adjacent properties, to ensure there was no disruption to the citizens of Meridian. As an industrial business, we are currently in operation more than 18 hours a day. Many of our long haul drivers start their trucks as early as 5:00 a.m. Mr. Forrey is proposing a wall to keep the noise levels at a minimum. However, this will in no way guarantee a quiet peaceful atmosphere for those living in the care center. Having a senior center or residential development near an industrial site is potential for future conflicts over noise, traffic, and safety issues. Our request remains the same, to keep the above mentioned property zoned "Industrial". We ask the Meridian City Council to deny any application that would allow for the development of a residential care center on the subject property, as it has similar applications in the past, and protect the integrity of this industrial zone for the existing and future industries in the area. Sincerely, ~~~ Mark B. Smith Vice President cc: S. Churchman J. Smith Meridian Planning & Zoning Commission September 16, 1996 Page 15 Oslund: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby recommend to the City Council of the City of Meridian that they approve the Conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law and that the property be required to meet the water and sewer requirements, fire and life safety codes and the Uniform Building Code and the other ordinances of the City of Meridian. Shearer: Second Johnson: Moved and seconded we pass a recommendation onto the City Council as read by Commissioner Oslund, all those in favor? Opposed? MOTION CARRIED: A11 Yea ITEM #8: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT GENERAL BY WAYNE AND KAREN FORREY: Johnson: At this time I will open the public hearing and invite the applicant or his representative to come forward. Wayne Forrey, 3045 Thayen Place, Boise, was sworn by the City Attorney. Forrey: Mr. Chairman and members of the Commission I have a drawing that I would like to hang up on your easel to present to the Commission. Johnson: While you are doing that, we received comments from ACHD today did you happen to get a copy of those? Forrey: I did about 3:00. Johnson: Well you got them before I did. Forrey: I am glad the City got those, thanks for letting me know. Mr. Chairman and members of the Commission my wife Karen and 1 are purchasing 12.75 acres on East Pine Avenue to develop a planned unit development general. Which is allowed by conditional use permit on land zoned industrial as shown on page 48, section 2-409 C of the Meridian zoning ordinance. Our project includes a mix of community service uses and facilities, institutional uses, recreational facilities, residential, commercial and industrial uses to achieve a planned unit development general as defined by the Meridian zoning and development ordinance. Our project is a planned development general because of the mix of land uses that we have and because the proposed interior and exterior spaces requires • • Meridian Planning & Zoning Commission September 16, 1996 Page 16 and unusual design flexibility to achieve a completely logical and complimentary conjunction of uses and functions. Our project includes the following mix of uses. I will read them into the record. An elderly living center, 120 units 3 story building including independent and assisted living. And there are a variety of commercial uses within the elderly living center and 1 will list them for you. A gift shop, bank, beauty shop, massage therapy, a chapel, technology resource cerrter, recreation center, a large banquet room, a small banquet room, an entertainment and stage area. A counseling center and a commercial laundry. All of those commercial uses would be available to the community at large. Also within the elderly living center there are residential uses and acxessory uses to the residential use within the elderly center. Those are the living units which are one, two and three bedroom with full bathroom and full ADA accessibility, a dining room, indoor courtyard and plaza which would be enclosed or covered at the third level but open at levels one and two. Would have personal laundry, greenhouse and solarium combination. Two garden spaces, noted as garden space A and B, an activity room, van transportation, telecommunications, wiring alarm system to each room, 24 hour maintenance and security and all facilities would be fully handicapped accessibility. Also, we have a professional office building 40,000 square feet, 3 story for commercial use on a lease tenant basis. We have two storage buildings shown as storage building A and B. They are single story and they are commercial facilities for commercial use. We have two flexible space buildings A and B. The larger one is A and it is 23,Oa0 square feet single story, B is 7,700 square feet also single story. Both of those buildings are for a variety of office warehouse, commercial and industrial uses contained within those buildings for commercial and industrial use on a lease tenant basis. We also have two greenhouses, the larger is 3,200 square feet, the smaller is half that size at 1600 square feet. Those would be wholesale facilities. We have a central maintenance buiktirtg right here 800 square feet there is also an outside garden shed. We have four outdoor courtyards and plazas, plaza A is an accessory use to the living center. Plaza B and C are accessory uses to the professional office building. Outdoor courtyard and plaza B is an accessory use to the industrial and commercial uses south of Commercial Street. In our application we talked about site fencing, pressurized irrigation, extensive landscaping. I want to state that this conditional use is really positive because it provides a workable and a functional transitional land use in this neighborhood. It provides a transition from the present residential uses along Pine Avenue and on the west and east and north, and a transition to the industrial and commercial uses south and then onto the east of this property as well. This CUP is desirable because it provides a transitiorr~~ use buffer between the existing zoned residential land and the zoned industrial land. This project is desirable because the elderly living center is located on the north portion of the planned development general site which is closest to the existing residential land uses. The professional office building is located at mid site to provide a transition between the elderly center and the industrial and commercial uses which are located closer ~ the railroad. By using this mix and this transitional design we can protect existing property values in that area. Without this • • Meridian Planning & Zoning Commission September 16, 1996 Page 17 conditional use permit industrial uses could be located right next to existing residential uses and could severely impact and depress residential property values. Also this property has irrigation easements on all four sides of the project. This properly has only about 415 feet of frontage on Pine Avenue but it is almost 1200 feet deep. It is 1185 feet deep. It is narrow and long and skinny and it is exceptionally difficult to develop as a single use development. This situation requires unusual design flexibility to achieve a logical and complimentary conjunction of uses and functions on this property. Now it is the city's policy to encourage developers of land to utilize the planned development provisions of the zoning ordinance and you list eight objectives in the zoning ordinance. The reference is 9-607 A. We have gone through each of those objectives, we have achieved each of those eight objectives in the City's planned development ordinance. We feel we have done a very good job of addressing all of the City concerns to achieve a good positive development on this property. We received the staff reports several days ago Mr. Chairman and we accept the City Engineer's and the City Planner's staff comments. We have also this afternoon received the Highway District approval of our project and we are in full agreement with those comments as well. We will develop in accordance with the agency approvals and the comments in your staff report. Let me just say in closing please accept and approve our project as a planned unit development generaa. F hope tonight you will call for findings of fact and conclusions of law. We have redesigned this project, we have addressed all of the city objectives for a PUD general. Our project will provide a high tax base enhancement to the City. We are going to have positive impact to the schools, no new school children but a lot of revenue going into the schools. We provide a transitional land use buffer in a mixed neighborhood. This is a true mix of uses that constitutes a planned unit development general. I have asked our legal counsel Mr. Robert Phillips just to summarize to take a minute and summarize and then we will take questions. Thank you. Robert Phillips, 3437 Presidential Drive, Meridian, was sworn by the City Attorney. Phillips: I just want to mal~.a one initial observation that is not (inaudible) points, t heard a book review the other day and they mentioned, it was called "The Better Quality of Life" was the name of the book. They talked about the three things that elderly people struggle with. They were loneliness, helplessness and boredom. They figured those were the three things they struggled with the most. I think it is really interesting that Wayne's development here on the north side has that residential elderly center. It addresses the needs in those areas because there is assisted care to help the helplessness, and there are other people and activities to help elderly people with their loneliness. There are lots of activities and a teaming center to help them with their boredom. I think the way he has designed I think it is really good to help meet the needs of our elderly today here in Meridian. That being said I have three quick legal points and Wayne has kind of summarized these things so I will be brief. One is the zoning law now allows for a planned Meridian Planning & Zoning Commission September 16, 1996 Page 18 unit development general in the zoned areas, light industrial and that allows for planned unit development general. So it is permitted type of use. Secondly as Wayne mentioned in section 9-607 of the code it not only permits planned development general but encourages it in instances. This is one of those instances where there is a more convenient pad of commercial, residential and industrial uses. You can see the way this is long and skinny and both the fact that there is both industrial and residential uses on various sides it helps transition those in a smooth pattern. So not only does the code permit this it also encourages it. And finally there are mixed uses, there was a question last time about this plan whether or not there were mixed uses. Wayne has listed very specifically the mixed uses both inside the residential center and also outside. Specially inside the center you have a chapel, you have a bank, you have a banquet room, you have a beauty salon and there are other items that Wayne has listed. Outside you have an office building, you have storage buildings, you have a greenhouse and you have flexible space buildings. He has designed it in such a way that it helps transition. So keep in mind the zoning allows for it, it also encourages it and it meets the mixed uses required for a planned unit development general. Do you have any questions? MacCoy: I do, for either you or Wayne, the three story building you have there looking at ADA you are going to put an elevator system in there (inaudible) Forrey: Absolutely, full ADA compliance and handicapped accessible even beyond the ADA minimum requirements would be beyond that. We wanted every unit to be handicapped accessible. MacCoy: Along that same line you speak of buffer zones as (inaudible) considering the handicapped type or people who have problems what do you have as way of securing them so they don't end up in the industrial section or wandering someplace else. Do you have a (inaudible) I am concerned about the fact that you have warehousing in here you have trucking and so on. So somebody that is really not all together could very easily create a problem. Forrey: My grandfather lives in a retirement center in Boise that is right next to a shopping center and I think that is positive because grandpa will go into the shopping center it is what Robert talked about the activity and being around people: So we don't see that as a negative. MacCoy: Not even with the warehousing and stuff back there? Forrey: No, as I mentioned before we have a waiting list of people that are excited about the project they know of the other uses and yet we have never encountered anyone that saw this as a negative to be in the proximity of an office building or a flexible space • • Meridian Planning & Zoning Commission September 16, 1996 Page 19 building. MacCoy: I am just curious about your greenhouse, what prompted you to use greenhouses in your facility here? Forrey: We found that there is a shortage of, there are so many businesses that are required to have landscape plans, I think we are all so landscape conscious and flower beds and what not that there is a shortage of landscape materials. We found a real need for to have a tenant that would take that and build a wholesale operation just to supply landscape materials to local businesses in this growing community. MacCoy: Along that same thought, a little different direction here, on the professional building there the fact that it is tucked away inside there you are planning to sign something out on Pine Street to let people know that they are way back in the back end here? Forrey: Yes MacCoy: What kind of professional people are you looking at? Forrey: That is professional office building, it would be class A office space, a variety of tenants, insurance, real estates, as well as some, we think we are going to get a corporate person that would probably take one floor of that building. It is about a 13,000 square foot floor there. So we are going to have small business and medium size businesses there. You know it is tucked back but we designed it so it has a really good street appeal. It is set back, we think it is going to have a real good architectural feel coming down the road and seeing an opening and the nice office building in the back. MacCoy: I think it is a good idea but I was curious about the (inaudible) businesses are in busine~~s to be noticed and now you have (inaudible). Forrey: This isn't retail oriented at all, this is corporate office space. MacCoy: Along the positions of the handicapped or the people that are not always able to handle themselves, what do you have, in the way of night time security for these people, are you going to have low lights or something so once evening comes on they can negotiate and work (inaudible). Forrey: The entire area around the elderly center will be fully lighted and we have shown on the plan all of the street lights. We would have all of the marking lights and lamp along the sidewalks as well. My wife toured a facility in another state that is very similar to this • Meridian Planning & Zoning Commission September 16, 1996 Page 20 but it was during the day, so I don't know how it worked in that facility. The one that my grandfather is in in Boise is not real well lit. If 1 owned it I would sure put in more lights so our plan is to make this first class and very safe. I have learned from my grandparents actually what they like and what they don't like in the places they live. MacCoy: You have very picked out the very thing, you normally look at these things during the day time and nobody sees it as night time and yet that is a very definite handicap for the handicap and we have to look at that point. What else do I have, buffer and what do you have in the way of buffer zones here. How do you plan Forrey: In our application one of the criteria that a City asks for in a planned unit application is screening and it is described in the application. But in a nutshell you will see on the east side that is a 40 foot landscape area. That is us against the Railside Industrial Park which was recently approved by the City. Beyond the 40 feet is (inaudible) so with this being fully landscaped there is an excellerrt buffer for that industrial area. And you see the nice landscaping we have on the north side and also here on the west side. And then of course these buildings (inaudible) south of the Railroad tracks. So I think we have good buffers (inaudible) MacCoy; (Inaudible) we read and see pictures, I think it is good that you walk us through that. You are going to have a landscape architect. So you will be picking trees , you end up with a buffer zone ten years down the road but pretty soon. One thing I have done and maybe this is good or bad. I did meet with Shari Stiles one day and she showed me a sample landscape plan and I made note of some of the tree species. Maybe you are changing your mind on whatever the guidelines for the City are I would like to be apprisd of that because we will start working on that soon, the landscape plan. But personally yes I want to get that greened up and effective as soon as possible. Shearer: Mr. MacCoy brought up something that put a question in my mind. We are talking ab=:~ut an elderly living center, not a nursing home or a svelter home? Forrey: Not a nursing home, not a shelter home. Phillips: Along that line there is some assisted care provided for some people and that is not nursing home oriented. Crookston: What is the building that you have basically in almost the center to the right, it is marked in yellow. Forrey: That is the maintenance building, the City ordinance requires in a planned unit development general that there be facilities for maintenance and I didn't know if that meant • • Meridian Planning & Zoning Commission September 16, 1996 Page 21 it could be inside I interpreted that as a separate maintenance building. I would prefer that on a project of this scale to have a maintenance building and that is described in the application. That is what that is. Johnson: Wayne, how far along are you in your thinking in terms of phased construction. Forrey: Well we would like to get this approved. Johnson: Well why don't I repeat the question. Forrey: We will turn dirt as soon as we get a permit how is that. Johnson: Are you thinking in terms of phasing your construction? Forrey: Yes Johnson: Would you explain to me then how you are going to approach that. Forrey: The market will dictate the timing of the professional office building and the flexible space buildings A & B. The first phase right out of the gun will be the elderly living center and all of the facilities it needs to make that support and get a building permit. In other words the landscaping, all of the utilities put in the street work atl of those facilities needed to make it up and running in phase one. There is a very real possibility that we would build Commercial street at the same time we build Penrith but I can't say for certain tonight that those two streets would be built simultaneously. That is, we are still talking to people about the office building and about flexible buildings A and 6 but we have commitments here to proceed as soon as we get approved. Crookston: Wayne, you have that red line on your drawing and it appears as though it cuts off the I assume it is the southwest corner. Do you own that land? Forrey: What that is is an existing gravel road that is there to serve Nampa Meridian Irrigation District access along the railroad tracks and also the City has a sewer line underneath that road. It is for City access to maintain that sewer trunk line, that is part of the Five Mile Creek Trunk that was installed as part of the St. Luke's trunk sewer project. So that is why that road is there. It is to get access off of Pine and to the back of this property for sewer and irrigation maintenance. It is an easement, it can't be removed. Crookston: It appears as though you have buildings quite close to that, how are you going to work around that easement with those buildings as close as you are showing them? • Meridian Planning & Zoning Commission September 16, 1996 Page 22 . Forrey: Well those buildings don't encroach in that easement. That easement is wide enough just to get a pick up and a back hoe in there. It is just irrigation maintenance and sewer maintenance for the City. So there is adequate room there. The easement doesn't interfere with the buildings. We have worked around that. Oslund: I am looking at it, does it need to remain when you are done? Forrey: I met with Nampa Meridian again today and they tell me it needs to remain. They have got to get back to the Gruber lateral plus the City has the sewer. Oslund: If you build Penrith or Commercial you can provide them equal or better access then them having to go down through the side of your property right through you landscaping. It just seems kind of odd. Forrey: There is a piece of lateral here a big piece of the lateral here and all along the rail road tracks and that is where the City sewer is. Oslund: I see, so it is not just the one that is running parallel to the rail road track, you are providing access to other little pieces. Forrey: Yes, correct. Johnson: Any other questions of the applicant? This is a public hearing is there anyone else in the audience that would like to address the Commission at this time on the application? Any other questions before we dose the public hearing? Hearing none then I will close the public hearing at this time. Shearer: Mr. Chairman, I move we have the Attorney prepare findings of fact and conclusions of law for this. MacCoy: Second Johnson: Moved and seconded that we have the City Attorney prepare findings of fact and conclusions of law on item 8, application by Wayne and Karen Forrey, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A JOHN DEERE DEALERSHIP BY CONTRACTORS EQUIPMENT SUPPLY CO.: ~ i MERIDIAN PLANNING & ZONING COMMISSION MEETING: SEPTEMBER 16.1996 APPLICANT: WAYNE 8~ KAREN FORREY AGENDA ITEM NUMBER: 8 REQUEST; PUBLIC HEARING: CONDITIONAL USE PERMIT FOR PUD GENERAL AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS „~,Q1 I V roc 1 ,{~ y ~/~, ~j I lil~ -f " SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. SENT BY~Boise~ ID. 9-10-96 ;10~27AM ; Ada Planning • / da Planning Assoctatton 413 W. Idaho, Suite 100 Boise. ID 83702 (208) 345-5274 Fax (208) 345-5279 APA MEMORANDUM Serving Governments in Ada County Since 1977 TO: Will Berg, City Clerk City of Meridian FROM: ry E. Ha, Techn ca Analyst DATE: Sep bar 9, 1986 RECEIVED AUG 1 0 1996 CITY OF IKERIUTAN Ro: Condltlonal Use Permit - Plne Center Park II Planned Qevelonmant Recently, I received a letter from Mr. Wayne Forney, AICP, representing the Pine Center Park II Planned Development which will be considered by the Meridian Planning and Zoning Commission on September 10, 1996, APA recommended sidewalks be constructed on East Pine Avenue, Penr~th Avenue, and East Commercial Street. Mr. Forray indicated that sidewalks were planned on these streets per development requirements of Ada County Highway District and City of Meridian. The site plan In the Condltlonal Use Permit Application received by APA did not show these sidewalks. APA slap( was unsuccessful in obtaining information about sidewalk locations from the appropriate sources prior to being away from the office for one week. To ensure APA's response was timely and pedestrian facilities were incorporated into the development, we recommended sidewalks be constructed on the three abutting streets. In addition, we recommended a more comprehensive sidewalk system b® incorporated into the development. The intent of this statement is to provide a sidewalk system which links the buildings (I.e., the elderly living cent®r end professional office) and the street right-of-way. This would provide a safe and direct pathway for pedestrians without them walking in vehicular traffic. This sidewalk system is highly encouraged since 120 residential units are proposed for construction. Gruber Ditch Road located at the southwest corner of the development provides pedestrian access to the Flve Mlle Creek Natural Park. No pedestrian pathway was shown on the site plan linking East Commercial Street to Gruber Ditch Road. APA recommended a sidewalk syaiom be developed to provide this pedestrian link and to minimize pedestrians walking In traffic, A good Internal pedestrian system that links sidewalks in the street right-of-way to the elderly living center, professional office buildings, and C3ruber Ditch Road accessing Five Mile Creek Natural Park will only Improve the pedestrian environment for this development. MH:JL MH~DEVREVIMERIDIANI PINEPARKPU2 pc: Sheri Stiles, City of Meridian Wayne Forney, AICP File 540.09 City of Meridian Ada County Highway District, Ada County, Cities of Boise, Eagle. Garden Cgty, Kuns, and Meridian Hoke Audllorium District, Boise Independent School DMtrkt, Merldiae~ Joint School DietriM, and Boils State University Equal Opportunity / Atllrmstivos Action Employer Printed on Recycled Paper SEP 10 '96 10 31 ~~ ~~~~~ 2083455279 PAGE.02 SENT BY~Boise~ ID. w~~ Ada Planning As9octatlon 413 West Idaho Suite 100 Bols®~ Idaho 83702-6064 (208) 346,6274 206 667 4613 -ii 1/ 2 Facsimile Cover Sheet DATE: ~ ~'(n~r. ~ a ~ t~ °1(~ TO: FAX *: DELIVERY/MESSAGE: vu-. ~b ~ 't ~ -~'a Gtr ~ . ~ # PAGES TO FOLLO RETURN FAX ~2~j X7_9 Fay cove: k10~tabwpe0ltorm~Vac hm 9-10-96 ;10~27AM ~ Ada Planning Assoc.i _ __ _ ....__.__~ »,. _,,._....~~.-_..~... ._~.,..... I SEP 10 '96 10=30 2083455279 PAGE.01 U`P c O W ti -m fir d-arh~' o -.,, ~, ~ ~ l'1 o-y~ . SENT BY~Boise~ ID. ; 9-16-96 2~OOPM ;Ada Planning Assoc.-- 206 667 4613;ii 2/ 3 • /Ada Planning Assoctatton 413 W, Idaho Suite 100 Boise, ID 83702 (208) 346-6274 Fax (2A8) 346-6279 APA sel~,ng Governments in Ads County Since 1977 MEMORANDUM .~ t l.:. ~- ¢ ~' t a_ ;~ ~., , l~ „n TO: Will Berg, City Clerk r .. City of Meridian - FROM: Mary ardison, Techni nelyst DATE: Septa r 18, 1888 R®: Conditional Use Permit - Plne Center Park II P~Bnned DevelQi~~pt This memorandum Is in response to the Pine Center Park II Planned Development proposal which will be considered by the Meridian Planning and Zoning Commission on September 18, 1996. I recently received a site plan which identifies sidewalks and gravel roadway/pathways within the Pine Center Park II Planned Development from Mr. Wayne Forrey, AICP, representing the development. The site plan is attached. The proposed sidmnralk/pathway system complies with the recommendations that APA made In the previous memorandurt~s. MH:JL MHIDEVREVWIERIDIAM PINEPARK.PU3 Attachment: Pine Center Park II Site Plan pc: Sheri Stiles, City of Meridian Wayne Forrey, AICP File 540.08 Clty of Meridian Ada County Hi~hwsy Distrlei. Ada County, Cltlee of Boiee, IEa~le. Garden Clty, Kuna, and Meridian Boise Auditorium District. Bobo Yndependent School District,Meridian Joint Bohool District, and Boise State University EpualOpportwttty/AtllrmatJveAction Employer Printed on ReSycled Papar SEP 16 '96 14 03 2083455279 PAGE.02 SENT BY~Boise~ ID. ~ 9-16-96 ~ 2~OOPM ~ Ada Planning Assoc.y 208 667 4613~ti 3/ 3 ~ l '~. ,. East Pine Avenue „~ ~ ~ , ...._.__.__ ~ _.,.__.~.__._.._._._._._._._._~._._ig ~F ~~ ~ '`~4. ~ ~ • t qq_~~ I-H err ._._ A~d~-w~ewt N ~4'G 1 Cv P S;}~ haw dime ~.~~~r ~ ~ ~vw- 6,~`~'~d~ ~e~elopmenE ~ene~al j PD.G Applioa~ion CUP ApplicsEioa Slte Plan Key W ^ Water Une S =Sewer Line ~ R = Refuse Facility SL =Street Light FH ^ Flro Hydrent ~ - - = NMIO Easement MH =Manhole ~' ~! = Irtlpatlon Box •--- =Property I.Ins ~~ »> =Street Dnineae ^ 4roe CanoPY NORTH Pine ~enfer Park II Pbnned Urit OwelopmeM - d NYyne e, end Ifr~n L Riney 7DM3 70gee VI•ee BdM, Ia/q p~W Oede t' -100' wq•ol i\ - 07AUGae SEP 16 '96 14 04 2083455279 PRGE.03 _ ~- ~~ SENT BY~Boise~ ID. ~ 9-16-96 1~59PM ~ Ada Planning Assoc.-+ 206 667 4813: 1/ 3 • Ada PlannlnQ Association 413 West Idaho, Sutt®100 ~ Boise, Idaho 83702-6064 ~^-~~-~- (208) 345-5274 FAX ~: FROM: '1 ~ /~~ o ~ DELIVERY/MESSAGE: sl! PAGES TO FOLLO1~f: RETURN FAX fue cov~R: k;~a~aawpeoNOrmsuan.trm SEP 16 '96 14:02 2083455279 PAGE.01 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TRFIYSURE VALLEY • A Good Puce to Live CITY OF l~IERIDIAN 33 EAST IDAHO MERIDIAN IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Dq~arttneat (208) 887-2211 Motor'VehiclelDrivealicease (208) 888-4443 ROBERT D CORRIE Mayor FACSIMILE COVER SHEET TO: FAX NUMBER: ~ C9 ~ - ~ ~!) DATE: ~ - 1 2 - ~(~ DELIVER T0: TITLE/DEPARTMENT: v ADDRESS: CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): ) 3 FROM: CITY OF MERIDIAN - FAX NUMBER (208) 887-4£13 NAME: TITLE/DEPARTMENT: COMMENTS: L .. - ~ ~-~- C O N I b! rl!BERC WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY ~~~~ PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY. (208) 888-4433 • MERIDIAN PLANNING & ZONING COMMISSION MEETING: SEPTEMBER 16.1996 APPLICANT: W~,YNE 8~ KAREN FORREY AGENDA ITEM NUMBER: 8 REQUEST; PUBLIC HEARING: CONDITIONAL USE PERMIT FOR PUD GENERAL AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. HUB OF TREASURE VALLEY • WILLIAM G. BF_RG, JR., City Cierk JANICE L. LASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Polioe Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor MEMOI~A~i~IDLTM~ To: Mayor, City Council and Planning & Zoning From: Bruce Freckleton, Assistant to City En ineer Shari Stiles, P&Z Admin~s~rator ~~ Re: PINE CENTER PARK by Wayne and Karen Forrey (Request for Conditional Use Permit) GOUNGIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY September 12, 199b We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users associatYOn, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Provide 5-foot-wide sidewalks on both sides of proposed streets in accordance with City Ordinance Section 11-9-606.B. 4. 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. S. 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. The Meridian Fire Department requires a minimum width of 25' for driveways. A:V'tt~EC'flt2.CUP • • Mayor, Council and P&Z September 12, 1996 Page 2 6. Submit a drainage plan designed by a State of Idaho licensed architect or engineer for all off-street parking areas for approval by the City Engineer/Public Works Deparment (Ord. 557, 10-1-91). 7. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 8. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. All signage shall receive design approval of the Planning & Zoning Department. 9. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 10. Sewer service to this development is contingent upon positive results from computer model analysis. 11. Coordinate fire hydrant placement with the City of Meridian's Water Superintendent. 12. Indicate any existing FEMA Floodplain Boundaries on the Site Plan Map, and/or any plans o reduce said boundaries. 1. Sanitary sewer and water services are existing in Pine Street. Applicant will be responsible to construct the sewer and water mains to and through this proposed development. The project design engineer is to coord:t~ate main sizing and routing with the Meridian Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of roadway centerlines. Water lines shall be located on the north and east sides of roadway centerlines. 2. Provide a 250-watt high pressure sodium streetlight on Pine Street and at locations designated by the Meridian Public Works Department. All streetlights shall be installed at Applicant's expense. Typical locations are at street intersections and/or fire hydrants. 3. Any proposal for a supplementary connection from the City's water system to the pressurized irrigation system being proposed will need to be reviewed closely due to the size of the area to be watered. Applicant shall provide a statement as to the ownership of and operation and maintenance for the pressurized irrigation system. A.\PINEGTR2.CUP • • Mayor, Council and P&Z September 12, 1996 Yage 3 4. Permanent perimeter fencing is to be provided prior to obtaining building permits. Provide details of fencing and required buffering of adjacent property. Detailed landscape plans, showing species and sizes, are to be provided for approval as part of the building permit process. A minimum 20' planting strip is required along Pine Street beyond required right-of--way. Screening fence shall not encroach on this 20' planting strip. 5. Pine Street is designated as a Minor Arterial on the Functional Street Classification Map. In addition, Pine Street in this location requires a bicycle lane. Site plan shows a 45' right-of-way south of centerline. ACRD has revised their previous comments to require only 33' of right-of-way from centerline. If this 33' right~f-way is approved by Council, it must accommodate the required bicycle lane. Provide evidence of dedication to ACRD of all needed right-of--way, along with a letter from ACHD that Pine Street width is adequate to allow bicycle lane, prior to obtaining building. permits. 6. Construct curb, gutter and five-foot-wide sidewalk along all public rights-of--way. 7. A Record of Survey is required to be prepared for approval and signature of the City Engineer for cone-time split. Platting is required for any further division of property. 8. The drain that currently exists along Pine Street has been piped, but water has beer. observed in this area since construction. Submit letter of approval from Nampa-Meridian Irrigation District, along with any license agreement. All piping and drainage shall be located outside of the required right-of--way. Nampa-Meridian Irrigation District has indicated that, due to the required depth of the pipe (15' ±), their easement cannot be reduced, nor can any trees be planted widen their easement. 4. All construction to be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes. 10. Five Mile Creek shall be developed as a pathway in accordance with the Meridian Comprehensive Plan and the Ada County Ridge to Rivers Pathway Plan. 11. What phasing is proposed for this project? Temporary turnarounds and other provisions may he needed based on development schedules. 12. If significant changes from the plan submitted are made, additional .hearings may be required at the City's discretion. All building plans are subject to detailed review. c:~o~mcE~wpwn~nwrnocs~pnvecnez.corn WILLIAM G. BF_RG, JR., City Clerk JANICE L. LASS, Clty Treasurer GP.S't D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervi§or KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding DeQattrnent (208) 8117-2211 Motor VehicleJDrivers License (208) 88i-4443 RosExT n. coxx~ Mayor COL~'IL !~~EA~BERS WALT W. MORROW, President RONAlD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSInN JIM JOHNSON, Chairman T§Yf HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY 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 ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: September 3. 1996 TRANSMITTAL DATE:_ _ 8/19!96 HEARING DATE: 9/10/96 REQUEST: Conditional Use permit for a Planned Unit Development General BY: Wavne 8z Karen Forrev LOCATION OF PROPERTY OR PROJECT: East on Pine Street near Locust Grove Road JIM JOHNSON, P/Z MALCOLM MACCOY, P2 JIM SHEARER, P/Z GREG OSLUND, P/Z KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, 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 OFFlCE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY D'STRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM b FINAL PLAT) INTERMOUNTAIN GASP LIM 8 FINAL PLAT) 9UREAU OF RECLAAIU' (PRE & LAT) CITY FILES ~ OTHER: YOUR CONCISE REMA Auc z o ~s~s ~~Ir ©~ ~~~~~~ WIL_IAM G. BERG, JR., City Clerk JANICE L. SASS, City Treasurer GARY J. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administratpr PATTY A. WOLFKIEL, DMV Supern'sor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ROBERT D. ODRRIE Mayor COUN I ti~aA.aFac WALT W. MORROW, President HOWALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY Pi4 OMMISRInN JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY 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 ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: September 3. 1996 TRANSMITTAL DATE: 8/19/96 HEARING DATE: 9/10!96 REQUEST: Conditional Use permit for a Planned Unit Development General BY: Wavne ~ Karen Forney LOCATION OF PROPERTY OR PROJECT: East on Pine Street near Locust Grove Road JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P2 MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z _ _ADA COUNTY H==.GHWAY DISTRICT GREG OSLUND, P/Z ADA PLANIWNG ASSOCIATION KEITH BORUP, P2 CENTRAL DISTRICT HEALTH 606 CORRIE, MAYOR NAMPA ~AERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS ~RIGATION DISTRICT CHARLIE ROUNTREE, C/C f0AH0 POWER CO.(PRELIM 8 FINAL PLAT) WALT MORROW, C/C U.S. WEST(PREUM 8 FINAL PLAT) ' GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) WATER DEPARTMENT BUREAU 0-" RECLAMATION(PRELIM ~ FiNAI PLAT) SEWER DEPARTMENT CITY FILES ~ BUILDING DEPARTMENT ~~ , OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY G ~ p E S ~ ' L - Cvl fo ~,~ CITY ENGINEER CITY PLANNER ~-~ • sr~ ", c.r ~5,q. may- $~, r ,Ci/L'~ (.~ /'irJ./ S G' /" ~DI~i..!/~ +r SIN .s/Gs.ti~' ~ u ~ ~- F ~ ~ C r' ~' ~ C.y ~y S"~-(,1~,~JL..1 /SD o ~~ . /~ /Z ~ • Tv~ ~h ~e ,4/2~/.~ • See ~ ~}. .~~f ,+D GtJ ~--7~~r ~~v,y'~.~. ~ ~P,~~t~,~7 s C~ Y c • HUB OF TREASURE VgLLEY • A Good Platx to Live CITY OF 11~RIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX-(208) 887-4813 Public Works/Building Dement (208) 887-2211 Motor ~hicle/Drivers 1f5case (208) -888-4443 ~~Ouis O W a a a W V W 'S LL O 2 O) W 0 O U w v_ Q LL Z X 0 w a a a O A ~ C,~ O~ •aC r .~ xd •~ 3 3 u `u C O ~, t u u U u V= ;;g ~m 4:. y ~ E ~ u N ~ ,~ Q u - a~ ,Gy w '~ u F-• oyo u C ~ `u C ~ ~~ . 3 n'a •fl o T a.. 3 ~ N A^ o E^ >,~ 3 o•c rEo OWE R 3 L' u~ h o ~ ~ °~ 6~ ' C~ v 9 C 7• C~ :: C O e ~ G ~ ~e 3 E u ~~ E9~ ~ ~ C t_ ~ 8 0 ~ O Q a N r y ~ 00 ~ ODO C C t ~ Q :o vi O•~ ~~r~ c ~ U 5 „ O O Q 3 ~ •y ti N ~o¢ 2 ~ ~ ~ ~- N ~ ~ ~` h r r h r: N h n g~25~g~ h h N vin 25~g~ h r r h vx vi r vi N v1 r: N r: N r n N r: 25~g~25~g~25~g~25~g~25 C~ ~a n --NrI r5 r5 nMHI Mf avvev~vi v~vi•e ~c •d ~onnnnm ,;;Sg~~~ @52585 ggg~25~S~~gggg$$gg ~ ~o•cro:_ .~viooo ~i.cari~co.x~n-r aavdvi ~' • ~ O. ---N O.onnm~7 fOO~nh•O NNNtnM1f ~ _{ ~~$~~~ g~gg ~$$$$~$~$$~8$$$gm _ ~j S•_ F on o~ri vim --- -v~aMl N Ne+1 nNn MmvlOt~r+Or•D=-am Z,+ e~lv evl vl •onn mO. 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AsG j ~ 4aa5 4~'~'~ ~~ ~~x~~ ~a Ro: Condltlonal Use Permit - Plne Center Park II Planned Develop~~t Recently, I received a letter from Mr. Wayne Forney, AICP, representing the Pine Center Park II Planned Developm®nt which will be considered by the Meridian Planning and 2oning Commission on September 10, 1996. APA recommended sidewalks be constructed on East Pine Avenue, Penrlth Avenue, and East Commercial Street. Mr. Forrey indicated that sidewalks were planned on these streets per development requirements of Ada County Highway District and City of Meridian. The site plan In the Condltlonal Use Permit Application received by APA did not show these sidewalks. APA staff was unsuccessful in obtaining information about sidewalk locations from the appropriate sources prior to being away from the office for one week. To ensure APA's response was timely and pedestrian facilities were incorporated into the development, we recommended sidewalks be constructed on the three abutting streets. In addition, we recommended a mare comprehensive sidewalk system b® incorporated into the development. The intent of this statement is to provide a sidewalk system which links the buildings (I.e., the elderly living cent®r end professional office) and the street right-of-way. This would provide a safe and direct pathway for pedestrians without them walking in vehicular traffic. This sidewalk system is highly encouraged since 120 residential unite are proposed for construction. Gruber Ditch Road located at the southwest corner of the development provides pedestrian access to the Flve Mlle Creek Natural Park. No pedestrian pathway was shown on the site plan linking East Commercial Street to Gruber Ditch Road. APA recommended a sidewalk system be developed to provide this pedestrian link end to minimize pedestrians walking In traffic. A good Internal pedestrian system that links sidewalks In the street right-of-way to the elderly living center, professional office buildings, and Gruber Ditch Road accessing Five Mil® Creek Natural Perk will only Improve the pedestrian environment for this development. MH:J~ MH\DEVREVIMERIDIANI PINEPARKPU2 pc: Sheri Stiles, City of Meridian Weyr'te Forney, AICP File 540.09 City of Meridian Ada County Highway District, Ada County, Clttes of Boise, Eagle, Garden City. Kona, and )l~srldian Hoke Audllorium District, Boise Indepe~eM school DMtrlct, Merldian.loint Bchool Distrito, end Boiss State University lrqual Opportunlp~/Allttmativs Actlan Einploye~ Printed on Recycled Paper SEP 10 '96 10 31 _ 2083455279 PAGE.02 I ~ ~ Ada Planning Association 413 W. Idaho, Suite 100 Boise, ID 83702 (208) 345-5274 Fax (208) 345-5279 APA / Serving Governments in Ada County Since 1977 MEMORANDUM ' TO: Will Berg, City Clerk City of Meridian _ FROM: a E. rdison, Technical Analyst DATE: Au t 30, 1996 Re: Conditional Use Permit -Pine Center Park II Planned Development ~~~~~~ S tP - 3 1996 (~1`Y OF ME~I~DI~-Ai APA staff reviewed the conditional use for the Planned Unit Development (PUD) called Pine Center Park II on West Pine Avenue south of Stonehedge Way and have the following comments. The proposed PUD includes a mix of community service uses, institutional uses, recreational facilities, residential, commercial and industrial uses. Due to the multi-uses and the 120-unit elderly living center, APA recommends a more comprehensive pedestrian walkway system be integrated into this development. Sidewalk location should include: Along West Pine Street adjacent to the subject development. 2. Along Penrith Avenue abutting to the subject development site. 3. Along East Commercial Street adjacent to the subject development. 4. Through the driveway throats connecting into a sidewalk system to the buildings. 5. A sidewalk system in the development south of East Commercial Street. The applicant may wish to provide a pedestrian system to Five Mile Creek Natural Park. This sidewalk system would provide safe walking facilities for individuals esiding in the Elderly Living Center as well as employees in this area. Should you have any questions about these recommendations, please contact me. MH:LR\MH\DEVREV\MERIDIAN PINEPARK.PUD pc: Sheri Stiles, City of Meridian Wayne Forney, AICP File 540.09/City of Meridian Ada County Highway District. Ada ('runty, Cities of Boise. Eagle. Garden City, Kuna. and Meridian Boise Auditorium District, Boise Independent. School District, Meridian Joint School District, and Boise State University F,qual Opportunil~•.:1ffirmati~w aotion F,'mpl~~~•or CENiTRAL •• DISTRICT i HEALTH DEPARTMENT Rezone # Conditional Use # !T Preliminary /Final / Shol~rt~ Plat ~/~~ Gc'/~~~ /P At~G 2 l 1~QS CITY 0~ l~~I~iDU~~f Return to: ^ Boise ^ Eagle ^ Garden city .Meridian ^ Kuna ^ Acz ^ I . We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment ^ 5. Before we can comment concerning individual sewage disposal, we will require more daa concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ,® 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ~ central sewage ^ community sewage system ^ community water weR ^ interim sewage central water ^ individual sewage ^ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Heahh & Welfare, Division of Environmental Quality: .lamcentral sewage ^ community sewage system ^ community water ^ sewage dry lines central water .~" 10. ^ I I. ^ 12. ^ 13. Street Runoff is not to create a mosquito breeding problem. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be subrr ^ food establishment ^ beverage establishment SJ~3S~~'Pf=+ SAC (DHD 10191 rcb, rer. 1195 CEI~AL DISTRICT HEALTH DEPAI~IENT Environmental Health Division ~~~~~~~~ pitted for a plan review for any: ^ swimming pools or spas ^ child care center ^ grocery store ~` G :,,..,,_..~ - S'~i O c % ~ /N ~ G~r~~[_ ~.~ y S ~ Date: / ~ /~ ~'lZ.f 02 ?`a ~ iS Cli /~Y`tf r? ~ TJl ~ Reviewed ey: l~~C(1r.~ iQ~C,~MM~NJA-~,~a~lS . Review eet CENTRAL ~ • •• DISTRICT 'HEALTH DEPARTMENT MAIN OFFlCE • 701 N. ARM5IRONG PL • 801SE. EJ• 83704 •0208) 375.5211 • FAX 327-8500 To preoerit and trtiat disease acid disability; to promote healthy lifestyles; and to protect and promote tht hmitlt and quatitil of our marL+Onnient STORMWATER MANAGEMENT RECOMIV~NDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: .1) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho Regional Office, September 1995. 2) STORMWATER MANAGEMENT IV'IANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992. ' 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT. Serving Valtey Elnior+e, Boise. and Ada Counties Ado / laic Carngr Olke WIC lane • Yerldon Boron Courh Olke Bmore Cash Oda Va/eq Counts Oda eac I41/ P o 707 K Aantralp a Id00 520 E mn street rt a a xeal~ IGO S dlh Street E . . MCCd 0.63676 8oae. b. 63101 Bose. l0. J31,1J56 83706 PA MaNdn Horne. ~. 8J017 Ph SIId107 Maroon Hans. m. Rt. 034.719r Erwio. Iledlt J27-7199 . D J24 Meriden 87017 PR 561-0125 faNY Plarrir~ J27.7d00 . . Mnr¢eflors; Jy7450 87042 Ph. 868~d525 i i :. r." SPA _ ~ .n.,, f~: .. wJ _, 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 3 September 1996 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 Attn: Wi// Berg, City C/erk SHOP: Nampa 466-0663 City of Meridian Raise 345-2431 33 East /daho Meridian, /D 83642 RE.• COND/T/ONAL USE PERM/T FOR PLANNED UN/T DEVELOPMENT P/NE CENTER PARK // Nampa & Meridian- /rrigation District's Gruber Lateral courses a/ong the south boundary of the project. The right-of--way of the Gruber Latera/ is 30 ft; 15 feet from the center each way facing downstream. See /daho Code 42-1208--RIGHTS-OF-WA Y NOT SUBJECT TO ADVERSE POSSESS/ON. The deve%per must contact John P. Anderson or Bil/ Henson at either 466-0663 or 345-2431 for approval before any encroachment or change of right-of-way occurs. Nampa & Meridian /rrigation District requires a Land Use Change/Site Development application be filed for review prior to Tina/platting. All laterals and waste ways must be protected. All municipa/surface drainage must be retained on site. /f any surface drainage /eaves the site, Nampa & Meridian /rrigation District must review drainage p/ans. Contact Donna Moore at 343-1884 or 466-7861 for further information. The deve%per must comply with /daho Code 31-3805. It is recommended that irrigation water be made availab/e to all deve/opments within Nampa & Meridian /rrigation District. Sincerely, B l~l eHenson, Asst. Water Superintendent NAMPA & MER/D/AN /RRIGAT/ON DISTR/CT BH: d/n pc: File -Shop File -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 CITY a:~ ~: •~ x ~ ~.3 - ~~~~~~a 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 5 September 1996 Phones: Area Code 208 OFFICE: Nampa 466-7861 Wayne S. Forrey Boise 343-18B4 Karen L. Forrey SHOP: Nampa 466-0663 3045 Thayen Place Boise 345-2431 Boise, ID 83709 RE: Land Use Change Application for Pine Center Park II Dear Mr. and Mrs. Forrey: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMP.?~ & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent Bedelco, Inc. City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FIOW RIGHTS - 23,000 BOISE PROIEC7 RIGHTS - 40,000